\n \n (ii)\n \n \n has a\n\t\t\t\tdemonstrated record of placing individuals into unsubsidized employment and\n\t\t\t\tserving hard to serve individuals; and\n \n \n \n \n (iii)\n \n \n agrees to be\n\t\t\t\treimbursed primarily on the basis of achievement of specified performance\n\t\t\t\toutcomes and criteria established by the Governor.\n \n \n \n \n \n (C)\n \n \n Grant\n\t\t\t\tperiod\n \n \n \n (i)\n \n \n In\n\t\t\t\tgeneral\n \n \n A grant under this\n\t\t\t\tparagraph shall be awarded for a period of 1 year.\n \n \n \n \n (ii)\n \n \n Grant\n\t\t\t\trenewal\n \n \n A Governor of a State\n\t\t\t\tmay renew, for up to 4 additional 1-year periods, a grant awarded under this\n\t\t\t\tparagraph.\n \n \n \n \n \n (D)\n \n \n Eligible\n\t\t\t\tParticipants\n \n \n To be eligible\n\t\t\t\tto participate in activities under this paragraph, an individual shall be a\n\t\t\t\tlow-income individual age 16 or older or a member of a low-income\n\t\t\t\tfamily.\n \n \n \n \n (E)\n \n \n Use of\n\t\t\t\tFunds\n \n \n An eligible entity\n\t\t\t\treceiving a grant under this paragraph shall use such funds for activities that\n\t\t\t\tare designed to assist eligible participants in obtaining employment and\n\t\t\t\tacquiring the education and skills necessary to succeed in the labor\n\t\t\t\tmarket.\n \n \n \n \n (F)\n \n \n Applications\n \n \n To be eligible to receive a grant under\n\t\t\t\tthis paragraph, an eligible entity shall submit an application to a State at\n\t\t\t\tsuch time, in such manner, and containing such information as the State may\n\t\t\t\trequire, including—\n \n \n \n (i)\n \n \n a\n\t\t\t\tdescription of how the strategies and activities will be aligned with the State\n\t\t\t\tplan submitted under section 112 and the local plan submitted under section 118\n\t\t\t\twith respect to the areas of the State that will be the focus of grant\n\t\t\t\tactivities under this paragraph;\n \n \n \n \n (ii)\n \n \n a\n\t\t\t\tdescription of the educational and skills training programs and activities the\n\t\t\t\teligible entity will provide to eligible participants under this\n\t\t\t\tparagraph;\n \n \n \n \n (iii)\n \n \n how the eligible\n\t\t\t\tentity will collaborate with State and local workforce investment systems\n\t\t\t\testablished under this title in the provision of such programs and\n\t\t\t\tactivities;\n \n \n \n \n (iv)\n \n \n a\n\t\t\t\tdescription of the programs of demonstrated effectiveness on which the\n\t\t\t\tprovision of such educational and skills training programs and activities are\n\t\t\t\tbased, and a description of how such programs and activities will improve the\n\t\t\t\teducation and skills training for eligible participants;\n \n \n \n \n (v)\n \n \n a\n\t\t\t\tdescription of the populations to be served and the skill needs of those\n\t\t\t\tpopulations, and the manner in which eligible participants will be recruited\n\t\t\t\tand selected as participants;\n \n \n \n \n (vi)\n \n \n a\n\t\t\t\tdescription of the private, public, local, and State resources that will be\n\t\t\t\tleveraged, in addition to the grant funds provided for the programs and\n\t\t\t\tactivities under this paragraph, and how the entity will ensure the\n\t\t\t\tsustainability of such programs and activities after grant funds are no longer\n\t\t\t\tavailable;\n \n \n \n \n (vii)\n \n \n a description of\n\t\t\t\tthe extent of the involvement of employers in such programs and\n\t\t\t\tactivities;\n \n \n \n \n (viii)\n \n \n a description\n\t\t\t\tof the levels of performance the eligible entity expects to achieve with\n\t\t\t\trespect to the indicators of performance for all individuals specified in\n\t\t\t\tsection in 136(b)(2);\n \n \n \n \n (ix)\n \n \n a\n\t\t\t\tdetailed budget and a description of the system of fiscal controls, and\n\t\t\t\tauditing and accountability procedures that will be used to ensure fiscal\n\t\t\t\tsoundness for the programs and activities provided under this paragraph;\n\t\t\t\tand\n \n \n \n \n (x)\n \n \n any other criteria\n\t\t\t\tthe Governor may\n\t\t\t\trequire.\n \n \n \n \n \n \n ;\n \n \n \n \n \n (2)\n \n \n by amending\n\t\t\t subsection (b) to read as follows:\n \n \n \n \n (b)\n \n \n Local employment\n\t\t\t\tand training activities\n \n \n Funds allocated to a local area under\n\t\t\t\tsection 133(b)—\n \n \n \n (1)\n \n \n shall be used to\n\t\t\t\tcarry out employment and training activities described in subsection (c);\n\t\t\t\tand\n \n \n \n \n (2)\n \n \n may be used to\n\t\t\t\tcarry out employment and training activities described in subsection\n\t\t\t\t(d).\n \n \n \n \n ;\n \n \n \n \n \n (3)\n \n \n by striking\n\t\t\t subsection (c);\n \n \n \n \n (4)\n \n \n by redesignating\n\t\t\t subsections (d) and (e), as subsections (c) and (d), respectively;\n \n \n \n \n (5)\n \n \n in subsection (c) (as so\n\t\t\t redesignated)—\n \n \n \n (A)\n \n \n by amending\n\t\t\t paragraph (1) to read as follows:\n \n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n Funds allocated to a\n\t\t\t\tlocal area under section 133(b) shall be used—\n \n \n \n (A)\n \n \n to establish a one-stop delivery system as\n\t\t\t\tdescribed in section 121(e);\n \n \n \n \n (B)\n \n \n to provide the\n\t\t\t\twork ready services described in paragraph (2) through the one-stop delivery\n\t\t\t\tsystem in accordance with such paragraph; and\n \n \n \n \n (C)\n \n \n to provide training services described in\n\t\t\t\tparagraph (4) in accordance with such\n\t\t\t\tparagraph.\n \n \n \n \n ;\n \n \n \n \n \n (B)\n \n \n in paragraph\n\t\t\t (2)—\n \n \n \n (i)\n \n \n in\n\t\t\t the heading, by striking\n \n \n \n \n (ii)\n \n \n in\n\t\t\t the matter preceding subparagraph (A)—\n \n \n \n (I)\n \n \n by striking\n \n \n \n \n (II)\n \n \n by striking\n \n \n \n \n (III)\n \n \n by striking\n \n \n \n \n \n (iii)\n \n \n by\n\t\t\t redesignating subparagraph (K) as subparagraph (V);\n \n \n \n \n (iv)\n \n \n by\n\t\t\t redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K),\n\t\t\t respectively;\n \n \n \n \n (v)\n \n \n by\n\t\t\t inserting after subparagraph (A) the following:\n \n \n \n \n (B)\n \n \n assistance in obtaining eligibility\n\t\t\t\tdeterminations under the other one-stop partner programs through activities,\n\t\t\t\twhere appropriate and consistent with the authorizing statute of the one-stop\n\t\t\t\tpartner program, such as assisting in the submission of applications, the\n\t\t\t\tprovision of information on the results of such applications, and the provision\n\t\t\t\tof intake services and\n\t\t\t\tinformation;\n \n \n \n ;\n \n \n \n \n \n (vi)\n \n \n by amending\n\t\t\t subparagraph (E), as so redesignated, to read as follows:\n \n \n \n \n (E)\n \n \n labor exchange services, including—\n \n \n \n (i)\n \n \n job search and placement assistance, and\n\t\t\t\twhere appropriate, career counseling;\n \n \n \n \n (ii)\n \n \n appropriate\n\t\t\t\trecruitment services for employers, including small employers, in the local\n\t\t\t\tarea, which may include services described in this subsection, including\n\t\t\t\tinformation and referral to specialized business services not traditionally\n\t\t\t\toffered through the one-stop delivery system; and\n \n \n \n \n (iii)\n \n \n reemployment\n\t\t\t\tservices provided to unemployment claimants, including claimants identified as\n\t\t\t\tin need of such services under the worker profiling system established under\n\t\t\t\tsection 303(j) of the Social Security Act (42 U.S.C.\n\t\t\t\t503(j));\n \n \n \n \n ;\n \n \n \n \n \n (vii)\n \n \n in\n\t\t\t subparagraph (F), as so redesignated, by striking\n \n \n \n \n (viii)\n \n \n in subparagraph\n\t\t\t (G), as so redesignated, by striking\n \n \n \n \n (ix)\n \n \n in\n\t\t\t subparagraph (H), as so redesignated, by inserting\n \n \n \n \n (x)\n \n \n in subparagraph (J), as so redesignated, by\n\t\t\t inserting\n \n \n \n \n (xi)\n \n \n by\n\t\t\t amending subparagraph (K), as so redesignated, to read as follows:\n \n \n \n \n (K)\n \n \n assistance in establishing eligibility for\n\t\t\t\tprograms of financial aid assistance for training and education programs that\n\t\t\t\tare not funded under this Act and are available in the local\n\t\t\t\tarea;\n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (xii)\n \n \n by\n\t\t\t inserting the following new subparagraphs after subparagraph (K), as so\n\t\t\t redesignated:\n \n \n \n \n (L)\n \n \n the provision of information from official\n\t\t\t\tpublications of the Internal Revenue Service regarding Federal tax credits\n\t\t\t\tavailable to individuals relating to education, job training and\n\t\t\t\temployment;\n \n \n \n \n (M)\n \n \n comprehensive and\n\t\t\t\tspecialized assessments of the skill levels and service needs of workers, which\n\t\t\t\tmay include—\n \n \n \n (i)\n \n \n diagnostic testing and use of other\n\t\t\t\tassessment tools; and\n \n \n \n \n (ii)\n \n \n in-depth\n\t\t\t\tinterviewing and evaluation to identify employment barriers and appropriate\n\t\t\t\temployment goals;\n \n \n \n \n \n (N)\n \n \n development of an individual employment\n\t\t\t\tplan, to identify the employment goals, appropriate achievement objectives, and\n\t\t\t\tappropriate combination of services for the participant;\n \n \n \n \n (O)\n \n \n group\n\t\t\t\tcounseling;\n \n \n \n \n (P)\n \n \n individual\n\t\t\t\tcounseling and career planning;\n \n \n \n \n (Q)\n \n \n case\n\t\t\t\tmanagement;\n \n \n \n \n (R)\n \n \n short-term\n\t\t\t\tpre-career services, including development of learning skills, communications\n\t\t\t\tskills, interviewing skills, punctuality, personal maintenance skills, and\n\t\t\t\tprofessional conduct, to prepare individuals for unsubsidized employment or\n\t\t\t\ttraining;\n \n \n \n \n (S)\n \n \n internships and\n\t\t\t\twork experience;\n \n \n \n \n (T)\n \n \n literacy\n\t\t\t\tactivities relating to basic work readiness, information and communication\n\t\t\t\ttechnology literacy activities, and financial literacy activities, if such\n\t\t\t\tactivities are not available to participants in the local area under programs\n\t\t\t\tadministered under the Adult Education and Family Literacy Act (20 U.S.C. 2901 et\n\t\t\t\tseq.);\n \n \n \n \n (U)\n \n \n out-of-area job\n\t\t\t\tsearch assistance and relocation assistance;\n\t\t\t\tand\n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n \n (C)\n \n \n by amending\n\t\t\t paragraph (3) to read as follows:\n \n \n \n \n (3)\n \n \n Delivery of\n\t\t\t\tservices\n \n \n The work ready services described in paragraph (2) shall\n\t\t\t\tbe provided through the one-stop delivery system and may be provided through\n\t\t\t\tcontracts with public, private for-profit, and private nonprofit service\n\t\t\t\tproviders, approved by the local board.\n \n \n \n ;\n \n \n \n \n \n (D)\n \n \n in paragraph\n\t\t\t (4)—\n \n \n \n (i)\n \n \n by\n\t\t\t amending subparagraph (A) to read as follows:\n \n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n Funds described in\n\t\t\t\tparagraph (1)(C) shall be used to provide training services to individuals\n\t\t\t\twho—\n \n \n \n (i)\n \n \n after an\n\t\t\t\tinterview, evaluation, or assessment, and case management, have been determined\n\t\t\t\tby a one-stop operator or one-stop partner, as appropriate, to—\n \n \n \n (I)\n \n \n be in need of\n\t\t\t\ttraining services to obtain or retain employment; and\n \n \n \n \n (II)\n \n \n have the skills\n\t\t\t\tand qualifications to successfully participate in the selected program of\n\t\t\t\ttraining services;\n \n \n \n \n \n (ii)\n \n \n select programs\n\t\t\t\tof training services that are directly linked to the employment opportunities\n\t\t\t\tin the local area involved or in another area in which the individual receiving\n\t\t\t\tsuch services are willing to commute or relocate; and\n \n \n \n \n (iii)\n \n \n who meet the requirements of subparagraph\n\t\t\t\t(B).\n \n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (ii)\n \n \n in subparagraph (B)(i), by striking\n \n \n \n \n (iii)\n \n \n by amending subparagraph (D) to read as\n\t\t\t follows:\n \n \n \n \n (D)\n \n \n Training\n\t\t\t\tservices\n \n \n Training services authorized under this paragraph may\n\t\t\t\tinclude—\n \n \n \n (i)\n \n \n occupational\n\t\t\t\tskills training;\n \n \n \n \n (ii)\n \n \n on-the-job\n\t\t\t\ttraining;\n \n \n \n \n (iii)\n \n \n skill upgrading\n\t\t\t\tand retraining;\n \n \n \n \n (iv)\n \n \n entrepreneurial\n\t\t\t\ttraining;\n \n \n \n \n (v)\n \n \n education\n\t\t\t\tactivities leading to a regular secondary school diploma or its recognized\n\t\t\t\tequivalent in combination with, concurrently or subsequently, occupational\n\t\t\t\tskills training;\n \n \n \n \n (vi)\n \n \n adult education\n\t\t\t\tand literacy activities provided in conjunction with other training authorized\n\t\t\t\tunder this subparagraph;\n \n \n \n \n (vii)\n \n \n workplace\n\t\t\t\ttraining combined with related instruction;\n \n \n \n \n (viii)\n \n \n occupational\n\t\t\t\tskills training that incorporates English language acquisition;\n \n \n \n \n (ix)\n \n \n customized\n\t\t\t\ttraining conducted with a commitment by an employer or group of employers to\n\t\t\t\temploy an individual upon successful completion of the training; and\n \n \n \n \n (x)\n \n \n training programs\n\t\t\t\toperated by the private\n\t\t\t\tsector.\n \n \n \n \n ;\n \n \n \n \n \n (iv)\n \n \n by striking subparagraph (E) and\n\t\t\t redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F),\n\t\t\t respectively; and\n \n \n \n \n (v)\n \n \n in\n\t\t\t subparagraph (E) (as so redesignated)—\n \n \n \n (I)\n \n \n in clause (ii)—\n \n - \n
\n (aa)\n \n \n in the matter preceding subclause (I), by\n\t\t\t striking\n \n \n - \n
\n (bb)\n \n \n in\n\t\t\t subclause (I), by striking\n \n \n - \n
\n (cc)\n \n \n in\n\t\t\t subclause (II), by striking\n \n \n \n \n \n (II)\n \n \n by striking\n\t\t\t clause (iii) and inserting the following:\n \n \n \n \n (iii)\n \n \n Career\n\t\t\t\tenhancement accounts\n \n \n An\n\t\t\t\tindividual who seeks training services and who is eligible pursuant to\n\t\t\t\tsubparagraph (A), may, in consultation with a case manager, select an eligible\n\t\t\t\tprovider of training services from the list or identifying information for\n\t\t\t\tproviders described in clause (ii)(I). Upon such selection, the one-stop\n\t\t\t\toperator involved shall, to the extent practicable, refer such individual to\n\t\t\t\tthe eligible provider of training services, and arrange for payment for such\n\t\t\t\tservices through a career enhancement account.\n \n \n \n \n (iv)\n \n \n Coordination\n \n \n Each\n\t\t\t\tlocal board may, through one-stop centers, coordinate career enhancement\n\t\t\t\taccounts with other Federal, State, local, or private job training programs or\n\t\t\t\tsources to assist the individual in obtaining training services.\n \n \n \n \n (v)\n \n \n Assistance\n \n \n Each\n\t\t\t\tlocal board may, through one-stop centers, assist individuals receiving career\n\t\t\t\tenhancement accounts in obtaining funds (in addition to the funds provided\n\t\t\t\tunder this section) from other programs and sources that will assist the\n\t\t\t\tindividual in obtaining training\n\t\t\t\tservices.\n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n \n (vi)\n \n \n in subparagraph (F) (as so\n\t\t\t redesignated)—\n \n \n \n (I)\n \n \n in the subparagraph heading, by striking\n \n \n \n \n (II)\n \n \n in clause (i) by\n\t\t\t striking\n \n \n \n \n (III)\n \n \n in clause\n\t\t\t (ii)—\n \n - \n
\n (aa)\n \n \n by striking\n \n \n - \n
\n (bb)\n \n \n by\n\t\t\t striking\n \n \n - \n
\n (cc)\n \n \n in\n\t\t\t subclause (II), by striking\n \n \n - \n
\n (dd)\n \n \n in\n\t\t\t subclause (II) by striking\n \n \n - \n
\n (ee)\n \n \n in\n\t\t\t subclause (III) by striking the period and inserting\n \n \n - \n
\n (ff)\n \n \n by\n\t\t\t adding at the end the following:\n \n \n \n \n (IV)\n \n \n the local board determines that it would be\n\t\t\t\tmost appropriate to award a contract to a postsecondary educational institution\n\t\t\t\tthat has been identified as a priority eligible provider under section\n\t\t\t\t117(d)(5)(B) in order to facilitate the training of multiple individuals in\n\t\t\t\tin-demand sectors or occupations, such contract may be used to enable the\n\t\t\t\texpansion of programs provided by a priority eligible provider, and such\n\t\t\t\tcontract does not limit customer\n\t\t\t\tchoice.\n \n \n \n ;\n \n \n \n \n \n \n (IV)\n \n \n in clause (iii), by striking\n \n \n \n \n (V)\n \n \n in clause\n\t\t\t (iv)—\n \n - \n
\n (aa)\n \n \n by redesignating subclause (IV) as\n\t\t\t subclause (V) and inserting after subclause (III) the following:\n \n \n \n \n (IV)\n \n \n Individuals with\n\t\t\t\tdisabilities.\n \n \n \n ;\n \n \n \n \n \n \n \n \n \n (6)\n \n \n in subsection (d) (as so\n\t\t\t redesignated)—\n \n \n \n (A)\n \n \n by amending paragraph (1) to read as\n\t\t\t follows:\n \n \n \n \n (1)\n \n \n Discretionary\n\t\t\t\tone-stop delivery activities\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n Funds allocated to a\n\t\t\t\tlocal area under section 133(b)(2) may be used to provide, through the one-stop\n\t\t\t\tdelivery system—\n \n \n \n (i)\n \n \n customized screening and referral of\n\t\t\t\tqualified participants in training services to employers;\n \n \n \n \n (ii)\n \n \n customized\n\t\t\t\temployment-related services to employers on a fee-for-service basis;\n \n \n \n \n (iii)\n \n \n customer\n\t\t\t\tsupports, including transportation and childcare, to navigate among multiple\n\t\t\t\tservices and activities for special participant populations that face multiple\n\t\t\t\tbarriers to employment, including individuals with disabilities;\n \n \n \n \n (iv)\n \n \n employment and\n\t\t\t\ttraining assistance provided in coordination with child support enforcement\n\t\t\t\tactivities of the State agency carrying out subtitle D of title IV of the\n\t\t\t\tSocial Security Act (\n \n 42 U.S.C. 651 et seq.\n \n );\n \n \n \n \n (v)\n \n \n incorporating\n\t\t\t\tpay-for-performance contract strategies as an element in funding activities\n\t\t\t\tunder this section;\n \n \n \n \n (vi)\n \n \n activities to\n\t\t\t\tfacilitate remote access to services provided through a one-stop delivery\n\t\t\t\tsystem, including facilitating access through the use of technology; and\n \n \n \n \n (vii)\n \n \n activities to\n\t\t\t\tcarry out business services and strategies that meet the workforce investment\n\t\t\t\tneeds of local area employers, as determined by the local board, consistent\n\t\t\t\twith the local plan under section\n\t\t\t\t118.\n \n \n \n \n \n .\n \n \n \n \n \n (B)\n \n \n by striking\n\t\t\t paragraphs (2) and (3); and\n \n \n \n \n (C)\n \n \n by adding at the\n\t\t\t end the following:\n \n \n \n \n (2)\n \n \n Incumbent worker\n\t\t\t\ttraining programs\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n The local board may\n\t\t\t\tuse funds allocated to a local area under section 133(b)(2) to carry out\n\t\t\t\tincumbent worker training programs in accordance with this paragraph.\n \n \n \n \n (B)\n \n \n Training\n\t\t\t\tactivities\n \n \n The training programs for incumbent workers under this\n\t\t\t\tparagraph shall be carried out by the local area in conjunction with the\n\t\t\t\temployers of such workers for the purpose of assisting such workers in\n\t\t\t\tobtaining the skills necessary to retain employment and avert layoffs.\n \n \n \n \n (C)\n \n \n Employer match\n\t\t\t\trequired\n \n \n \n (i)\n \n \n In\n\t\t\t\tgeneral\n \n \n Employers\n\t\t\t\tparticipating in programs under this paragraph shall be required to pay a\n\t\t\t\tproportion of the costs of providing the training to the incumbent workers of\n\t\t\t\tthe employers. The local board shall establish the required portion of such\n\t\t\t\tcosts, which may include in-kind contributions.\n \n \n \n \n (ii)\n \n \n Calculation of\n\t\t\t\tmatch\n \n \n The wages paid by an employer to a worker while they are\n\t\t\t\tattending training may be included as part of the required payment of the\n\t\t\t\temployer.\n \n \n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n \n (7)\n \n \n by adding at the end the following:\n \n \n \n \n (e)\n \n \n Priority for\n\t\t\t\tPlacement in Private Sector Jobs\n \n \n In providing employment and training\n\t\t\t\tactivities authorized under this section, the State and local board shall give\n\t\t\t\tpriority to placing participants in jobs in the private sector.\n \n \n \n \n (f)\n \n \n Veteran\n\t\t\t\temployment specialist\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n Subject to paragraph\n\t\t\t\t(8), a local board shall hire and employ one or more veteran employment\n\t\t\t\tspecialist to carry out employment, training, and placement services under this\n\t\t\t\tsubsection in the local area served by the local board.\n \n \n \n \n (2)\n \n \n Principal\n\t\t\t\tduties\n \n \n A veteran employment specialist in a local area\n\t\t\t\tshall—\n \n \n \n (A)\n \n \n conduct outreach\n\t\t\t\tto employers in the local area to assist veterans, including disabled veterans,\n\t\t\t\tin gaining employment, including—\n \n \n \n (i)\n \n \n conducting\n\t\t\t\tseminars for employers; and\n \n \n \n \n (ii)\n \n \n in conjunction\n\t\t\t\twith employers, conducting job search workshops, and establishing job search\n\t\t\t\tgroups; and\n \n \n \n \n \n (B)\n \n \n facilitate\n\t\t\t\temployment, training, supportive, and placement services furnished to veterans,\n\t\t\t\tincluding disabled and homeless veterans, in the local area.\n \n \n \n \n \n (3)\n \n \n Hiring\n\t\t\t\tpreference for veterans and individuals with expertise in serving\n\t\t\t\tveterans\n \n \n Subject to paragraph\n\t\t\t\t(8), a local board shall, to the maximum extent practicable, employ veterans or\n\t\t\t\tindividuals with expertise in serving veterans to carry out the services\n\t\t\t\tdescribed in paragraph (2) in the local area served by the local board. In\n\t\t\t\thiring an individual to serve as a veteran employment specialist, a local board\n\t\t\t\tshall give preference to veterans and other individuals in the following\n\t\t\t\torder:\n \n \n \n (A)\n \n \n To\n\t\t\t\tservice-connected disabled veterans.\n \n \n \n \n (B)\n \n \n If no veteran\n\t\t\t\tdescribed in subparagraph (A) is available, to veterans.\n \n \n \n \n (C)\n \n \n If no veteran\n\t\t\t\tdescribed in subparagraph (A) or (B) is available, to any member of the Armed\n\t\t\t\tForces transitioning out of military service.\n \n \n \n \n (D)\n \n \n If no veteran\n\t\t\t\tdescribed in subparagraph (A), (B), or (C) is available, to any spouse of a\n\t\t\t\tveteran or a spouse of a member of the Armed Forces transitioning out of\n\t\t\t\tmilitary service.\n \n \n \n \n (E)\n \n \n If no veteran\n\t\t\t\tdescribed in subparagraph (A), (B), or (C) is available and no spouse described\n\t\t\t\tin paragraph (D) is available, to any other individuals with expertise in\n\t\t\t\tserving veterans.\n \n \n \n \n \n (4)\n \n \n Administration\n\t\t\t\tand reporting\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n Each veteran employment specialist shall be\n\t\t\t\tadministratively responsible to the manager of the one-stop delivery center in\n\t\t\t\tthe local area and shall provide, at a minimum, quarterly reports to the\n\t\t\t\tmanager of such center and to the Director for Veterans’ Employment and\n\t\t\t\tTraining for the State on the performance and compliance by the specialist with\n\t\t\t\tFederal law and regulations with respect to the—\n \n \n \n (i)\n \n \n principal duties\n\t\t\t\tand special services for veterans described in paragraph (2); and\n \n \n \n \n (ii)\n \n \n hiring\n\t\t\t\tpreferences described in paragraph (3) for veterans and individuals with\n\t\t\t\texpertise in serving veterans.\n \n \n \n \n \n (B)\n \n \n Report to\n\t\t\t\tSecretary\n \n \n Each State shall submit to the Secretary an annual\n\t\t\t\treport on the qualifications used by the local board in making hiring\n\t\t\t\tdeterminations for a veteran employment specialist and the salary structure\n\t\t\t\tunder which such specialist is compensated.\n \n \n \n \n (C)\n \n \n Report to\n\t\t\t\tCongress\n \n \n The Secretary shall\n\t\t\t\tsubmit to the Committee on Education and the Workforce and the Committee on\n\t\t\t\tVeterans’ Affairs of the House of Representatives and the Committee on Health,\n\t\t\t\tEducation, Labor, and Pensions and the Committee on Veterans’ Affairs of the\n\t\t\t\tSenate an annual report summarizing the reports submitted under subparagraph\n\t\t\t\t(B), including summaries of outcomes achieved by participating veterans\n\t\t\t\tdisaggregated by local areas.\n \n \n \n \n \n (5)\n \n \n Part-time\n\t\t\t\temployees\n \n \n A part-time veteran employment specialist shall perform\n\t\t\t\tthe functions of a veteran employment specialist under this subsection on a\n\t\t\t\thalftime basis.\n \n \n \n \n (6)\n \n \n Training\n\t\t\t\trequirements\n \n \n Each veteran employment specialist described in\n\t\t\t\tparagraph (2) shall satisfactorily complete training provided by the National\n\t\t\t\tVeterans' Employment and Training Institute during the three-year period that\n\t\t\t\tbegins on the date on which the employee is so assigned.\n \n \n \n \n (7)\n \n \n Specialist’s\n\t\t\t\tduties\n \n \n A full-time veteran\n\t\t\t\temployment specialist shall perform only duties related to the employment,\n\t\t\t\ttraining, supportive, and placement services under this subsection, and shall\n\t\t\t\tnot perform other non-veteran-related duties if such duties detract from the\n\t\t\t\tspecialist’s ability to perform the specialist's duties related to employment,\n\t\t\t\ttraining, and placement services under this subsection.\n \n \n \n \n (8)\n \n \n State\n\t\t\t\toption\n \n \n At the request of a\n\t\t\t\tlocal board, a State may assume the duties assigned to the local board under\n\t\t\t\tparagraphs (1) and (3), including the hiring and employment of one or more\n\t\t\t\tveteran employment specialist for placement in the local area served by the\n\t\t\t\tlocal\n\t\t\t\tboard.\n \n \n \n \n .\n \n \n \n \n \n \n 114.\n \n \n Performance\n\t\t\t accountability system\n \n \n Section\n\t\t\t 136 (29 U.S.C.\n\t\t\t 2871) is amended—\n \n \n \n (1)\n \n \n in subsection\n\t\t\t (b)—\n \n \n \n (A)\n \n \n by amending\n\t\t\t paragraphs (1) and (2) to read as follows:\n \n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n For each State, the State performance measures shall\n\t\t\t\tconsist of—\n \n \n \n (A)\n \n \n \n (i)\n \n \n the core indicators of\n\t\t\t\tperformance described in paragraph (2)(A); and\n \n \n \n \n (ii)\n \n \n additional indicators of\n\t\t\t\tperformance (if any) identified by the State under paragraph (2)(B); and\n \n \n \n \n \n (B)\n \n \n a State adjusted\n\t\t\t\tlevel of performance for each indicator described in subparagraph (A).\n \n \n \n \n \n (2)\n \n \n Indicators of\n\t\t\t\tperformance\n \n \n \n (A)\n \n \n Core indicators\n\t\t\t\tof performance\n \n \n \n (i)\n \n \n In\n\t\t\t\tgeneral\n \n \n The core indicators\n\t\t\t\tof performance for the program of employment and training activities authorized\n\t\t\t\tunder sections 132(a)(2) and 134, the program of adult education and literacy\n\t\t\t\tactivities authorized under title II, and the program authorized under title I\n\t\t\t\tof the Rehabilitation Act of 1973 (29 U.S.C. 720 et\n\t\t\t\tseq.), other than section 112 or part C of that title\n\t\t\t\t(29 U.S.C.\n\t\t\t\t732, 741), shall consist of the following indicators of\n\t\t\t\tperformance, each disaggregated by the populations identified in the State and\n\t\t\t\tlocal plans:\n \n \n \n (I)\n \n \n The percentage and\n\t\t\t\tnumber of program participants who are in unsubsidized employment during the\n\t\t\t\tsecond full calendar quarter after exit from the program.\n \n \n \n \n (II)\n \n \n The percentage\n\t\t\t\tand number of program participants who are in unsubsidized employment during\n\t\t\t\tthe fourth full calendar quarter after exit from the program.\n \n \n \n \n (III)\n \n \n The median\n\t\t\t\tearnings of program participants who are in unsubsidized employment during the\n\t\t\t\tsecond full calendar quarter after exit from the program compared to the median\n\t\t\t\tearnings of such participants prior to the training received under such\n\t\t\t\tprogram.\n \n \n \n \n (IV)\n \n \n The percentage\n\t\t\t\tand number of program participants who obtain a recognized postsecondary\n\t\t\t\tcredential, a registered apprenticeship, an industry-recognized credential, or\n\t\t\t\ta regular secondary school diploma or its recognized equivalent (subject to\n\t\t\t\tclause (ii)), during participation in or within 1 year after exit from\n\t\t\t\tprogram.\n \n \n \n \n (V)\n \n \n The percentage and number of program\n\t\t\t\tparticipants who, during a program year—\n \n - \n
\n (aa)\n \n \n are\n\t\t\t\tin an education or training program that leads to a recognized postsecondary\n\t\t\t\tcredential, a registered apprenticeship or on-the-job training program, an\n\t\t\t\tindustry-recognized credential, a regular secondary school diploma or its\n\t\t\t\trecognized equivalent, or unsubsidized employment; and\n \n \n - \n
\n (bb)\n \n \n are\n\t\t\t\tachieving measurable basic skill gains toward such a credential or\n\t\t\t\temployment.\n \n \n \n \n \n (VI)\n \n \n The percentage and number of program\n\t\t\t\tparticipants who obtain unsubsidized employment in the field relating to the\n\t\t\t\ttraining services described in section 134(c)(4) that such participants\n\t\t\t\treceived.\n \n \n \n \n \n (ii)\n \n \n Indicator\n\t\t\t\trelating to credential\n \n \n For purposes of clause (i)(IV), program\n\t\t\t\tparticipants who obtain a regular secondary school diploma or its recognized\n\t\t\t\tequivalent shall be included in the percentage counted as meeting the criterion\n\t\t\t\tunder such clause only if such participants, in addition to obtaining such\n\t\t\t\tdiploma or its recognized equivalent, have, within 1 year after exit from the\n\t\t\t\tprogram, obtained or retained employment, have been removed from public\n\t\t\t\tassistance, or are in an education or training program leading to a recognized\n\t\t\t\tpostsecondary credential.\n \n \n \n \n \n (B)\n \n \n Additional\n\t\t\t\tindicators\n \n \n A State may identify in the State plan additional\n\t\t\t\tindicators for workforce investment activities authorized under this\n\t\t\t\tsubtitle.\n \n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (B)\n \n \n in paragraph\n\t\t\t (3)—\n \n \n \n (i)\n \n \n in\n\t\t\t subparagraph (A)—\n \n \n \n (I)\n \n \n in the heading, by\n\t\t\t striking\n \n \n \n \n (II)\n \n \n in clause (i), by\n\t\t\t striking\n \n \n \n \n (III)\n \n \n in clause (ii),\n\t\t\t by striking\n \n \n \n \n (IV)\n \n \n in clause\n\t\t\t (iii)—\n \n - \n
\n (aa)\n \n \n in\n\t\t\t the heading, by striking\n \n \n - \n
\n (bb)\n \n \n by\n\t\t\t striking\n \n \n \n \n \n (V)\n \n \n in clause\n\t\t\t (iv)—\n \n - \n
\n (aa)\n \n \n by\n\t\t\t striking\n \n \n - \n
\n (bb)\n \n \n by\n\t\t\t striking subclause (I) and redesignating subclauses (II) and (III) as\n\t\t\t subclauses (I) and (II), respectively; and\n \n \n - \n
\n (cc)\n \n \n in\n\t\t\t subclause (I) (as so redesignated)—\n \n \n \n (AA)\n \n \n by\n\t\t\t striking\n \n \n \n \n (BB)\n \n \n by\n\t\t\t inserting\n \n \n \n \n (CC)\n \n \n by\n\t\t\t inserting\n \n \n \n \n \n \n (VI)\n \n \n by striking\n\t\t\t clause (v) and redesignating clause (vi) as clause (v); and\n \n \n \n \n (VII)\n \n \n in clause (v)\n\t\t\t (as so redesignated),\n \n - \n
\n (aa)\n \n \n by\n\t\t\t striking\n \n \n - \n
\n (bb)\n \n \n by\n\t\t\t striking\n \n \n \n \n \n \n (ii)\n \n \n in\n\t\t\t subparagraph (B), by striking\n \n \n \n \n \n \n (2)\n \n \n in subsection\n\t\t\t (c)—\n \n \n \n (A)\n \n \n by amending clause (i) of paragraph (1)(A)\n\t\t\t to read as follows:\n \n \n \n \n (B)\n \n \n in clause (ii) of paragraph (1)(A), by\n\t\t\t striking\n \n \n \n \n (C)\n \n \n by amending\n\t\t\t paragraph (3) to read as follows:\n \n \n \n \n (3)\n \n \n Determinations\n \n \n In\n\t\t\t\tdetermining such local levels of performance, the local board, the chief\n\t\t\t\telected official, and the Governor shall ensure such levels are adjusted based\n\t\t\t\ton the specific economic characteristics (such as unemployment rates and job\n\t\t\t\tlosses or gains in particular industries), demographic characteristics, or\n\t\t\t\tother characteristics of the population to be served in the local\n\t\t\t\tarea.\n \n \n \n ;\n \n \n \n \n \n \n (3)\n \n \n in subsection\n\t\t\t (d)—\n \n \n \n (A)\n \n \n in paragraph\n\t\t\t (1)—\n \n \n \n (i)\n \n \n by\n\t\t\t striking\n \n \n \n \n (ii)\n \n \n by\n\t\t\t striking\n \n \n \n \n (iii)\n \n \n in\n\t\t\t the last sentence, by inserting before the period the following:\n \n \n \n \n \n (B)\n \n \n in paragraph\n\t\t\t (2)—\n \n \n \n (i)\n \n \n by\n\t\t\t striking subparagraphs (A), (B), and (D);\n \n \n \n \n (ii)\n \n \n by\n\t\t\t redesignating subparagraph (C) as subparagraph (A);\n \n \n \n \n (iii)\n \n \n by\n\t\t\t redesignating subparagraph (E) as subparagraph (B);\n \n \n \n \n (iv)\n \n \n in\n\t\t\t subparagraph (B), as so redesignated—\n \n \n \n (I)\n \n \n by striking\n \n \n \n \n (II)\n \n \n by striking\n \n \n \n \n \n (v)\n \n \n by striking subparagraph (F);\n \n \n \n \n (vi)\n \n \n by\n\t\t\t adding at the end the following:\n \n \n \n \n (C)\n \n \n with respect to\n\t\t\t\teach local area in the State—\n \n \n \n (i)\n \n \n the number of\n\t\t\t\tindividuals who received work ready services described under section 134(c)(2)\n\t\t\t\tand the number of individuals who received training services described under\n\t\t\t\tsection 134(c)(4) during the most recent program year and fiscal year, and the\n\t\t\t\tpreceding 5 program years, where the individuals received the training,\n\t\t\t\tdisaggregated by the type of entity that provided the training, and the amount\n\t\t\t\tof funds spent on each type of service;\n \n \n \n \n (ii)\n \n \n the number of\n\t\t\t\tindividuals who successfully exited out of work ready services described under\n\t\t\t\tsection 134(c)(2) and the number of individuals who exited out of training\n\t\t\t\tservices described under section 134(c)(4) during the most recent program year\n\t\t\t\tand fiscal year, and the preceding 5 program years, and where the individuals\n\t\t\t\treceived the training, disaggregated by the type of entity that provided the\n\t\t\t\ttraining; and\n \n \n \n \n (iii)\n \n \n the average cost\n\t\t\t\tper participant of those individuals who received work ready services described\n\t\t\t\tunder section 134(c)(2) and the average cost per participant of those\n\t\t\t\tindividuals who received training services described under section 134(c)(4)\n\t\t\t\tduring the most recent program year and fiscal year, and the preceding 5\n\t\t\t\tprogram years, and where the individuals received the training, disaggregated\n\t\t\t\tby the type of entity that provided the training; and\n \n \n \n \n \n (D)\n \n \n the amount of funds spent on training\n\t\t\t\tservices and discretionary one-stop delivery activities, disaggregated by the\n\t\t\t\tpopulations identified in the State and local\n\t\t\t\tplans.\n \n \n \n ;\n \n \n \n \n \n \n (C)\n \n \n in paragraph\n\t\t\t (3)(A), by striking\n \n \n \n \n (D)\n \n \n by adding at the\n\t\t\t end the following:\n \n \n \n \n (4)\n \n \n Data\n\t\t\t\tvalidation\n \n \n In preparing the reports described in this subsection,\n\t\t\t\teach State shall establish procedures, consistent with guidelines issued by the\n\t\t\t\tSecretary, to ensure the information contained in the report is valid and\n\t\t\t\treliable.\n \n \n \n \n (5)\n \n \n State and local\n\t\t\t\tpolicies\n \n \n \n (A)\n \n \n State\n\t\t\t\tpolicies\n \n \n Each State that receives an allotment under section 132\n\t\t\t\tshall maintain a central repository of policies related to access, eligibility,\n\t\t\t\tavailability of services, and other matters and plans approved by the State\n\t\t\t\tboard and make such repository available to the public, including by electronic\n\t\t\t\tmeans.\n \n \n \n \n (B)\n \n \n Local\n\t\t\t\tpolicies\n \n \n Each local area that receives an allotment under section\n\t\t\t\t133 shall maintain a central repository of policies related to access,\n\t\t\t\teligibility, availability of services, and other matters and plans approved by\n\t\t\t\tthe local board and make such repository available to the public, including by\n\t\t\t\telectronic\n\t\t\t\tmeans.\n \n \n \n \n ;\n \n \n \n \n \n \n (4)\n \n \n in subsection\n\t\t\t (g)—\n \n \n \n (A)\n \n \n in paragraph\n\t\t\t (1)(A), by striking\n \n \n \n \n (B)\n \n \n in paragraph\n\t\t\t (1)(B), by striking\n \n \n \n \n (C)\n \n \n by striking\n\t\t\t paragraph (2) and inserting the following:\n \n \n \n \n (2)\n \n \n Funds resulting\n\t\t\t\tfrom reduced allotments\n \n \n The Secretary shall return to the\n\t\t\t\tTreasury the amount retained, as a result of a reduction in an allotment to a\n\t\t\t\tState made under paragraph\n\t\t\t\t(1)(B).\n \n \n \n ;\n \n \n \n \n \n \n (5)\n \n \n in subsection\n\t\t\t (h)(1), by striking\n \n \n \n \n (6)\n \n \n in subsection\n\t\t\t (h)(2)—\n \n \n \n (A)\n \n \n in subparagraph\n\t\t\t (A), by amending the matter preceding clause (i) to read as follows:\n \n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n If such failure continues for a second consecutive year,\n\t\t\t\tthe Governor shall take corrective actions, including the development of a\n\t\t\t\treorganization plan. Such plan\n\t\t\t\tshall—\n \n \n \n ;\n \n \n \n \n \n (B)\n \n \n by redesignating\n\t\t\t subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;\n \n \n \n \n (C)\n \n \n by inserting after\n\t\t\t subparagraph (A), the following:\n \n \n \n \n (B)\n \n \n Reduction in the\n\t\t\t\tamount of grant\n \n \n If such failure continues for a third consecutive\n\t\t\t\tyear, the Governor of a State shall reduce the amount of the grant that would\n\t\t\t\t(in the absence of this subparagraph) be payable to the local area under such\n\t\t\t\tprogram for the program year after such third consecutive year. Such penalty\n\t\t\t\tshall be based on the degree of failure to meet local levels of\n\t\t\t\tperformance.\n \n \n \n ;\n \n \n \n \n \n (D)\n \n \n in subparagraph\n\t\t\t (C)(i) (as so redesignated), by striking\n \n \n \n \n (E)\n \n \n in subparagraph\n\t\t\t (D) (as so redesignated), by striking\n \n \n \n \n \n (7)\n \n \n in subsection\n\t\t\t (i)(1)(B), by striking\n \n \n \n \n (8)\n \n \n in subsection\n\t\t\t (i)(1)(C), by striking\n \n \n \n \n (9)\n \n \n in subsection\n\t\t\t (i)(2), by striking\n \n \n \n \n (10)\n \n \n in subsection\n\t\t\t (i)(3), by striking\n \n \n \n \n (11)\n \n \n by adding at the\n\t\t\t end the following new subsections:\n \n \n \n \n (j)\n \n \n Use of core\n\t\t\t\tindicators for other programs\n \n \n In addition to the programs carried\n\t\t\t\tout under chapter 5, and consistent with the requirements of the applicable\n\t\t\t\tauthorizing laws, the Secretary shall use the core indicators of performance\n\t\t\t\tdescribed in subsection (b)(2)(A) to assess the effectiveness of the programs\n\t\t\t\tdescribed under section 121(b)(1)(B) that are carried out by the\n\t\t\t\tSecretary.\n \n \n \n \n (k)\n \n \n Establishing\n\t\t\t\tpay-for-Performance incentives\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n At the discretion of the Governor of a State, a State may\n\t\t\t\testablish an incentive system for local boards to implement pay-for-performance\n\t\t\t\tcontract strategies for the delivery of employment and training services in the\n\t\t\t\tlocal areas served by the local boards.\n \n \n \n \n (2)\n \n \n Implementation\n \n \n A\n\t\t\t\tState that establishes a pay-for-performance incentive system shall reserve not\n\t\t\t\tmore than 10 percent of the total amount allotted to the State under section\n\t\t\t\t132(b)(2) for a fiscal year to provide funds to local areas in the State whose\n\t\t\t\tlocal boards have implemented a pay-for-performance contract strategy.\n \n \n \n \n (3)\n \n \n Evaluations\n \n \n A\n\t\t\t\tState described in paragraph (2) shall use funds reserved by the State under\n\t\t\t\tsection 133(a)(1) to evaluate the return on investment of pay-for-performance\n\t\t\t\tcontract strategies implemented by local boards in the\n\t\t\t\tState.\n \n \n \n \n .\n \n \n \n \n \n \n 115.\n \n \n Authorization\n\t\t\t of appropriations\n \n \n Section 137\n\t\t\t (29 U.S.C.\n\t\t\t 2872) is amended to read as follows:\n \n \n \n \n 137.\n \n \n Authorization\n\t\t\t\tof appropriations\n \n \n There are\n\t\t\t\tauthorized to be appropriated to carry out the activities described in section\n\t\t\t\t132, $6,245,318,000 for fiscal year 2014 and each of the 6 succeeding fiscal\n\t\t\t\tyears.\n \n \n \n .\n \n \n \n \n \n \n C\n \n \n Job Corps\n \n \n \n 116.\n \n \n Job Corps\n\t\t\t purposes\n \n \n Paragraph (1) of\n\t\t\t section 141 (29\n\t\t\t U.S.C. 2881(1)) is amended to read as follows:\n \n \n \n \n (1)\n \n \n to maintain a national Job Corps program\n\t\t\t\tfor at-risk youth, carried out in partnership with States and communities, to\n\t\t\t\tassist eligible youth to connect to the workforce by providing them with\n\t\t\t\tintensive academic, career and technical education, and service-learning\n\t\t\t\topportunities, in residential and nonresidential centers, in order for such\n\t\t\t\tyouth to obtain regular secondary school diplomas and recognized postsecondary\n\t\t\t\tcredentials leading to successful careers in in-demand industries that will\n\t\t\t\tresult in opportunities for\n\t\t\t\tadvancement;\n \n \n \n .\n \n \n \n \n \n 117.\n \n \n Job Corps\n\t\t\t definitions\n \n \n Section 142\n\t\t\t (29 U.S.C.\n\t\t\t 2882) is amended—\n \n \n \n (1)\n \n \n in paragraph\n\t\t\t (2)—\n \n \n \n (A)\n \n \n in the paragraph\n\t\t\t heading, by striking\n \n \n \n \n (B)\n \n \n by striking\n \n \n \n \n (C)\n \n \n by striking\n \n \n \n \n (D)\n \n \n by striking\n \n \n \n \n \n (2)\n \n \n in paragraph (4),\n\t\t\t by striking\n \n \n \n \n (3)\n \n \n in paragraph (5),\n\t\t\t by striking\n \n \n \n \n \n 118.\n \n \n Individuals\n\t\t\t eligible for the Job Corps\n \n \n Section 144 (\n \n 29 U.S.C. 2884\n \n ) is amended—\n \n \n \n (1)\n \n \n by amending\n\t\t\t paragraph (1) to read as follows:\n \n \n \n \n (1)\n \n \n not less than age\n\t\t\t\t16 and not more than age 24 on the date of\n\t\t\t\tenrollment;\n \n \n \n ;\n \n \n \n \n \n (2)\n \n \n in paragraph\n\t\t\t (3)(B), by inserting\n \n \n \n \n (3)\n \n \n in paragraph\n\t\t\t (3)(E), by striking\n \n \n \n \n \n 119.\n \n \n Recruitment,\n\t\t\t screening, selection, and assignment of enrollees\n \n \n Section 145 (\n \n 29 U.S.C. 2885\n \n ) is amended—\n \n \n \n (1)\n \n \n in subsection\n\t\t\t (a)—\n \n \n \n (A)\n \n \n in paragraph\n\t\t\t (2)(C)(i) by striking\n \n \n \n \n (B)\n \n \n in paragraph\n\t\t\t (3)—\n \n \n \n (i)\n \n \n by\n\t\t\t striking\n \n \n \n \n (ii)\n \n \n in\n\t\t\t subparagraph (A)—\n \n \n \n (I)\n \n \n by striking\n \n \n \n \n (II)\n \n \n by inserting\n \n \n \n \n \n (iii)\n \n \n by\n\t\t\t striking subparagraphs (B) and (C); and\n \n \n \n \n (iv)\n \n \n by\n\t\t\t adding at the end the following:\n \n \n \n \n (B)\n \n \n organizations that\n\t\t\t\thave a demonstrated record of effectiveness in placing at-risk youth into\n\t\t\t\temployment.\n \n \n \n ;\n \n \n \n \n \n \n \n (2)\n \n \n in subsection\n\t\t\t (b)—\n \n \n \n (A)\n \n \n in paragraph\n\t\t\t (1)—\n \n \n \n (i)\n \n \n in\n\t\t\t subparagraph (B), by inserting\n \n \n \n \n (ii)\n \n \n by amending subparagraph (C) to read as\n\t\t\t follows:\n \n \n \n \n (C)\n \n \n the individual has passed a background\n\t\t\t\tcheck conducted in accordance with procedures established by the Secretary,\n\t\t\t\twhich shall include—\n \n \n \n (i)\n \n \n a search of the State criminal registry or\n\t\t\t\trepository in the State where the individual resides and each State where the\n\t\t\t\tindividual previously resided;\n \n \n \n \n (ii)\n \n \n a\n\t\t\t\tsearch of State-based child abuse and neglect registries and databases in the\n\t\t\t\tState where the individual resides and each State where the individual\n\t\t\t\tpreviously resided;\n \n \n \n \n (iii)\n \n \n a search of the\n\t\t\t\tNational Crime Information Center;\n \n \n \n \n (iv)\n \n \n a\n\t\t\t\tFederal Bureau of Investigation fingerprint check using the Integrated\n\t\t\t\tAutomated Fingerprint Identification System; and\n \n \n \n \n (v)\n \n \n a\n\t\t\t\tsearch of the National Sex Offender Registry established under the Adam Walsh\n\t\t\t\tChild Protection and Safety Act of 2006 (42 U.S.C. 16901 et\n\t\t\t\tseq.).\n \n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n \n (B)\n \n \n by adding at the\n\t\t\t end the following new paragraph:\n \n \n \n \n (3)\n \n \n Individuals\n\t\t\t\tconvicted of a crime\n \n \n An\n\t\t\t\tindividual shall be ineligible for enrollment if the individual—\n \n \n \n (A)\n \n \n makes a false statement in connection with\n\t\t\t\tthe criminal background check described in paragraph (1)(C);\n \n \n \n \n (B)\n \n \n is registered or is required to be\n\t\t\t\tregistered on a State sex offender registry or the National Sex Offender\n\t\t\t\tRegistry established under the Adam Walsh Child Protection and Safety Act of\n\t\t\t\t2006 (42 U.S.C.\n\t\t\t\t16901 et seq.); or\n \n \n \n \n (C)\n \n \n has been convicted of a felony consisting\n\t\t\t\tof—\n \n \n \n (i)\n \n \n homicide;\n \n \n \n \n (ii)\n \n \n child abuse or\n\t\t\t\tneglect;\n \n \n \n \n (iii)\n \n \n a crime against\n\t\t\t\tchildren, including child pornography;\n \n \n \n \n (iv)\n \n \n a\n\t\t\t\tcrime involving rape or sexual assault; or\n \n \n \n \n (v)\n \n \n physical assault,\n\t\t\t\tbattery, or a drug-related offense, committed within the past 5\n\t\t\t\tyears.\n \n \n \n \n \n ;\n \n \n \n \n \n \n (3)\n \n \n in subsection\n\t\t\t (c)—\n \n \n \n (A)\n \n \n in paragraph\n\t\t\t (1)—\n \n \n \n (i)\n \n \n by\n\t\t\t striking\n \n \n \n \n (ii)\n \n \n by\n\t\t\t striking\n \n \n \n \n \n (B)\n \n \n in paragraph\n\t\t\t (2)—\n \n \n \n (i)\n \n \n in\n\t\t\t the matter preceding subparagraph (A), by striking\n \n \n \n \n (ii)\n \n \n in\n\t\t\t subparagraph (B), by striking\n \n \n \n \n (iii)\n \n \n in\n\t\t\t subparagraph (C)—\n \n \n \n (I)\n \n \n by inserting\n \n \n \n \n (II)\n \n \n by striking the\n\t\t\t period at the end and inserting\n \n \n \n \n \n (iv)\n \n \n by adding at the\n\t\t\t end the following:\n \n \n \n \n (D)\n \n \n the performance of\n\t\t\t\tthe Job Corps center relating to the indicators described in paragraphs (1) and\n\t\t\t\t(2) in section 159(c), and whether any actions have been taken with respect to\n\t\t\t\tsuch center pursuant to section 159(f).\n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n \n \n (4)\n \n \n in subsection\n\t\t\t (d)—\n \n \n \n (A)\n \n \n in paragraph\n\t\t\t (1)—\n \n \n \n (i)\n \n \n in\n\t\t\t the matter preceding subparagraph (A), by striking\n \n \n \n \n (ii)\n \n \n by\n\t\t\t striking subparagraph (A); and\n \n \n \n \n (iii)\n \n \n by\n\t\t\t redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B),\n\t\t\t respectively; and\n \n \n \n \n \n (B)\n \n \n in paragraph (2),\n\t\t\t by inserting\n \n \n \n \n \n \n 120.\n \n \n Job Corps\n\t\t\t centers\n \n \n Section 147\n\t\t\t (29 U.S.C.\n\t\t\t 2887) is amended—\n \n \n \n (1)\n \n \n in subsection\n\t\t\t (a)—\n \n \n \n (A)\n \n \n in paragraph\n\t\t\t (1)(A), by striking\n \n \n \n \n (B)\n \n \n in paragraph\n\t\t\t (2)—\n \n \n \n (i)\n \n \n in\n\t\t\t subparagraph (A)—\n \n \n \n (I)\n \n \n by striking\n \n \n \n \n (II)\n \n \n by striking\n \n \n \n \n \n (ii)\n \n \n in\n\t\t\t subparagraph (B)(i)—\n \n \n \n (I)\n \n \n by amending\n\t\t\t subclause (II) to read as follows:\n \n \n \n \n (II)\n \n \n the ability of\n\t\t\t\tthe entity to offer career and technical education and training that the\n\t\t\t\tworkforce council proposes under section\n\t\t\t\t154(c);\n \n \n \n ;\n \n \n \n \n \n (II)\n \n \n in subclause\n\t\t\t (III), by striking\n \n \n \n \n (III)\n \n \n by amending\n\t\t\t subclause (IV) to read as follows:\n \n \n \n \n (IV)\n \n \n the performance\n\t\t\t\tof the entity, if any, relating to operating or providing activities described\n\t\t\t\tin this subtitle to a Job Corps center, including the entity’s demonstrated\n\t\t\t\teffectiveness in assisting individuals in achieving the primary and secondary\n\t\t\t\tindicators of performance described in paragraphs (1) and (2) of section\n\t\t\t\t159(c); and\n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (IV)\n \n \n by adding at the\n\t\t\t end the following new subclause:\n \n \n \n \n (V)\n \n \n the ability of the\n\t\t\t\tentity to demonstrate a record of successfully assisting at-risk youth to\n\t\t\t\tconnect to the workforce, including by providing them with intensive academic,\n\t\t\t\tand career and technical education and\n\t\t\t\ttraining.\n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n \n (iii)\n \n \n in\n\t\t\t subparagraph (B)(ii), by striking\n \n \n \n \n \n \n (2)\n \n \n in subsection (b),\n\t\t\t by striking\n \n \n \n \n (3)\n \n \n by amending\n\t\t\t subsection (c) to read as follows:\n \n \n \n \n (c)\n \n \n Civilian\n\t\t\t\tconservation centers\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n The Job Corps centers may include Civilian Conservation\n\t\t\t\tCenters, operated under an agreement between the Secretary of Labor and the\n\t\t\t\tSecretary of Agriculture, that are located primarily in rural areas. Such\n\t\t\t\tcenters shall adhere to all the provisions of this subtitle, and shall provide,\n\t\t\t\tin addition to education, career and technical education and training, and\n\t\t\t\tworkforce preparation skills training described in section 148, programs of\n\t\t\t\twork experience to conserve, develop, or manage public natural resources or\n\t\t\t\tpublic recreational areas or to develop community projects in the public\n\t\t\t\tinterest.\n \n \n \n \n (2)\n \n \n Selection\n\t\t\t\tprocess\n \n \n The Secretary shall select an entity that submits an\n\t\t\t\tapplication under subsection (d) to operate a Civilian Conservation Center on a\n\t\t\t\tcompetitive basis, as provided in subsection\n\t\t\t\t(a).\n \n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (4)\n \n \n by striking\n\t\t\t subsection (d) and inserting the following:\n \n \n \n \n (d)\n \n \n Application\n \n \n To\n\t\t\t\tbe eligible to operate a Job Corps center under this subtitle, an entity shall\n\t\t\t\tsubmit an application to the Secretary at such time, in such manner, and\n\t\t\t\tcontaining such information as the Secretary may require, including—\n \n \n \n (1)\n \n \n a description of\n\t\t\t\tthe program activities that will be offered at the center, including how the\n\t\t\t\tcareer and technical education and training reflect State and local employment\n\t\t\t\topportunities, including in in-demand industries;\n \n \n \n \n (2)\n \n \n a description of\n\t\t\t\tthe counseling, placement, and support activities that will be offered at the\n\t\t\t\tcenter, including a description of the strategies and procedures the entity\n\t\t\t\twill use to place graduates into unsubsidized employment upon completion of the\n\t\t\t\tprogram;\n \n \n \n \n (3)\n \n \n a description of\n\t\t\t\tthe demonstrated record of effectiveness that the entity has in placing at-risk\n\t\t\t\tyouth into employment, including past performance of operating a Job Corps\n\t\t\t\tcenter under this subtitle;\n \n \n \n \n (4)\n \n \n a description of\n\t\t\t\tthe relationships that the entity has developed with State and local workforce\n\t\t\t\tboards, employers, State and local educational agencies, and the surrounding\n\t\t\t\tcommunities in an effort to promote a comprehensive statewide workforce\n\t\t\t\tinvestment system;\n \n \n \n \n (5)\n \n \n a description of\n\t\t\t\tthe strong fiscal controls the entity has in place to ensure proper accounting\n\t\t\t\tof Federal funds, and a description of how the entity will meet the\n\t\t\t\trequirements of section 159(a);\n \n \n \n \n (6)\n \n \n a description of\n\t\t\t\tthe strategies and policies the entity will utilize to reduce participant\n\t\t\t\tcosts;\n \n \n \n \n (7)\n \n \n a description of\n\t\t\t\tthe steps taken to control costs in accordance with section 159(a)(3);\n \n \n \n \n (8)\n \n \n a detailed budget\n\t\t\t\tof the activities that will be supported using funds under this\n\t\t\t\tsubtitle;\n \n \n \n \n (9)\n \n \n a detailed budget\n\t\t\t\tof the activities that will be supported using funds from non-Federal\n\t\t\t\tresources;\n \n \n \n \n (10)\n \n \n an assurance the\n\t\t\t\tentity will comply with the administrative cost limitation included in section\n\t\t\t\t151(c);\n \n \n \n \n (11)\n \n \n an assurance the\n\t\t\t\tentity is licensed to operate in the State in which the center is located;\n\t\t\t\tand\n \n \n \n \n (12)\n \n \n an assurance the\n\t\t\t\tentity will comply with and meet basic health and safety codes, including those\n\t\t\t\tmeasures described in section 152(b).\n \n \n \n \n \n (e)\n \n \n Length of\n\t\t\t\tagreement\n \n \n The agreement described in subsection (a)(1)(A) shall\n\t\t\t\tbe for not longer than a 2-year period. The Secretary may renew the agreement\n\t\t\t\tfor 3 one-year periods if the entity meets the requirements of subsection\n\t\t\t\t(f).\n \n \n \n \n (f)\n \n \n Renewal\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n Subject to paragraph (2), the Secretary may renew the\n\t\t\t\tterms of an agreement described in subsection (a)(1)(A) for an entity to\n\t\t\t\toperate a Job Corps center if the center meets or exceeds each of the\n\t\t\t\tindicators of performance described in section 159(c)(1).\n \n \n \n \n (2)\n \n \n Recompetition\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n Notwithstanding paragraph (1), the Secretary shall not\n\t\t\t\trenew the terms of the agreement for an entity to operate a Job Corps center if\n\t\t\t\tsuch center is ranked in the bottom quintile of centers described in section\n\t\t\t\t159(f)(2) for any program year. Such entity may submit a new application under\n\t\t\t\tsubsection (d) only if such center has shown significant improvement on the\n\t\t\t\tindicators of performance described in section 159(c)(1) over the last program\n\t\t\t\tyear.\n \n \n \n \n (B)\n \n \n Violations\n \n \n The\n\t\t\t\tSecretary shall not select an entity to operate a Job Corps center if such\n\t\t\t\tentity or such center has been found to have a systemic or substantial material\n\t\t\t\tfailure that involves—\n \n \n \n (i)\n \n \n a\n\t\t\t\tthreat to the health, safety, or civil rights of program participants or\n\t\t\t\tstaff;\n \n \n \n \n (ii)\n \n \n the misuse of\n\t\t\t\tfunds received under this subtitle;\n \n \n \n \n (iii)\n \n \n loss of legal\n\t\t\t\tstatus or financial viability, loss of permits, debarment from receiving\n\t\t\t\tFederal grants or contracts, or the improper use of Federal funds;\n \n \n \n \n (iv)\n \n \n failure to meet\n\t\t\t\tany other Federal or State requirement that the entity has shown an\n\t\t\t\tunwillingness or inability to correct, after notice from the Secretary, within\n\t\t\t\tthe period specified; or\n \n \n \n \n (v)\n \n \n an\n\t\t\t\tunresolved area of noncompliance.\n \n \n \n \n \n \n \n (g)\n \n \n Current\n\t\t\t\tgrantees\n \n \n Not later than 60\n\t\t\t\tdays after the date of enactment of the SKILLS Act and notwithstanding any\n\t\t\t\tprevious grant award or renewals of such award under this subtitle, the\n\t\t\t\tSecretary shall require all entities operating a Job Corps center under this\n\t\t\t\tsubtitle to submit an application under subsection (d) to carry out the\n\t\t\t\trequirements of this\n\t\t\t\tsection.\n \n \n \n .\n \n \n \n \n \n \n 121.\n \n \n Program\n\t\t\t activities\n \n \n Section 148\n\t\t\t (29 U.S.C.\n\t\t\t 2888) is amended—\n \n \n \n (1)\n \n \n by amending subsection (a) to read as\n\t\t\t follows:\n \n \n \n \n (a)\n \n \n Activities\n\t\t\t\tprovided through job corps centers\n \n \n \n (1)\n \n \n In\n\t\t\t\tGeneral\n \n \n Each Job Corps center shall provide enrollees with an\n\t\t\t\tintensive, well-organized, and supervised program of education, career, and\n\t\t\t\ttechnical education and training, work experience, recreational activities,\n\t\t\t\tphysical rehabilitation and development, and counseling. Each Job Corps center\n\t\t\t\tshall provide enrollees assigned to the center with access to work-ready\n\t\t\t\tservices described in section 134(c)(2).\n \n \n \n \n (2)\n \n \n Relationship to\n\t\t\t\topportunities\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n The activities provided under this subsection shall be\n\t\t\t\ttargeted to helping enrollees, on completion of their enrollment—\n \n \n \n (i)\n \n \n secure and\n\t\t\t\tmaintain meaningful unsubsidized employment;\n \n \n \n \n (ii)\n \n \n complete\n\t\t\t\tsecondary education and obtain a regular secondary school diploma;\n \n \n \n \n (iii)\n \n \n enroll in and\n\t\t\t\tcomplete postsecondary education or training programs, including obtaining\n\t\t\t\trecognized postsecondary credentials, industry-recognized credentials, and\n\t\t\t\tregistered apprenticeships; or\n \n \n \n \n (iv)\n \n \n satisfy Armed\n\t\t\t\tForces requirements.\n \n \n \n \n \n (B)\n \n \n Link to\n\t\t\t\temployment opportunities\n \n \n The career and technical education and\n\t\t\t\ttraining provided shall be linked to the employment opportunities in in-demand\n\t\t\t\tindustries in the State in which the Job Corps center is\n\t\t\t\tlocated.\n \n \n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (2)\n \n \n in subsection\n\t\t\t (b)—\n \n \n \n (A)\n \n \n in the subsection\n\t\t\t heading, by striking\n \n \n \n \n (B)\n \n \n by striking\n \n \n \n \n (C)\n \n \n by striking\n \n \n \n \n \n (3)\n \n \n by amending\n\t\t\t paragraph (3) of subsection (c) to read as follows:\n \n \n \n \n (3)\n \n \n Demonstration\n \n \n Each\n\t\t\t\tyear, any operator seeking to enroll additional enrollees in an advanced career\n\t\t\t\ttraining program shall demonstrate, before the operator may carry out such\n\t\t\t\tadditional enrollment, that—\n \n \n \n (A)\n \n \n participants in\n\t\t\t\tsuch program have achieved a satisfactory rate of completion and placement in\n\t\t\t\ttraining-related jobs; and\n \n \n \n \n (B)\n \n \n such operator has\n\t\t\t\tmet or exceeded the indicators of performance described in paragraphs (1) and\n\t\t\t\t(2) of section 159(c) for the previous\n\t\t\t\tyear.\n \n \n \n \n .\n \n \n \n \n \n \n 122.\n \n \n Counseling and\n\t\t\t job placement\n \n \n Section 149\n\t\t\t (29 U.S.C.\n\t\t\t 2889) is amended—\n \n \n \n (1)\n \n \n in subsection (a),\n\t\t\t by striking\n \n \n \n \n (2)\n \n \n in subsection (b),\n\t\t\t by striking\n \n \n \n \n (3)\n \n \n by striking\n\t\t\t subsection (d).\n \n \n \n \n \n 123.\n \n \n Support\n \n \n Subsection (b) of section 150\n\t\t\t (29 U.S.C.\n\t\t\t 2890) is amended to read as follows:\n \n \n \n \n (b)\n \n \n Transition\n\t\t\t\tallowances and support for graduates\n \n \n The Secretary shall arrange for a\n\t\t\t\ttransition allowance to be paid to graduates. The transition allowance shall be\n\t\t\t\tincentive-based to reflect a graduate’s completion of academic, career and\n\t\t\t\ttechnical education or training, and attainment of a recognized postsecondary\n\t\t\t\tcredential, including an industry-recognized\n\t\t\t\tcredential.\n \n \n \n .\n \n \n \n \n \n 124.\n \n \n Operations\n \n \n Section 151 (\n \n 29 U.S.C. 2891\n \n ) is amended—\n \n \n \n (1)\n \n \n in the header, by\n\t\t\t striking\n \n \n \n \n (2)\n \n \n in subsection (a),\n\t\t\t by striking\n \n \n \n \n (3)\n \n \n by striking\n\t\t\t subsection (b) and redesignating subsection (c) as subsection (b);\n \n \n \n \n (4)\n \n \n by amending\n\t\t\t subsection (b) (as so redesignated)—\n \n \n \n (A)\n \n \n in the heading by\n\t\t\t inserting\n \n \n \n \n (B)\n \n \n by striking\n \n \n \n \n \n (5)\n \n \n by adding at the\n\t\t\t end the following new subsection:\n \n \n \n \n (c)\n \n \n Administrative\n\t\t\t\tcosts\n \n \n Not more than 10\n\t\t\t\tpercent of the funds allotted under section 147 to an entity selected to\n\t\t\t\toperate a Job Corps center may be used by the entity for administrative costs\n\t\t\t\tunder this\n\t\t\t\tsubtitle.\n \n \n \n .\n \n \n \n \n \n \n 125.\n \n \n Community\n\t\t\t participation\n \n \n Section 153\n\t\t\t (29 U.S.C.\n\t\t\t 2893) is amended to read as follows:\n \n \n \n \n 153.\n \n \n Community\n\t\t\t\tparticipation\n \n \n The director of\n\t\t\t\teach Job Corps center shall encourage and cooperate in activities to establish\n\t\t\t\ta mutually beneficial relationship between Job Corps centers in the State and\n\t\t\t\tnearby communities. Such activities may include the use of any local workforce\n\t\t\t\tdevelopment boards established under section 117 to provide a mechanism for\n\t\t\t\tjoint discussion of common problems and for planning programs of mutual\n\t\t\t\tinterest.\n \n \n \n .\n \n \n \n \n \n 126.\n \n \n Workforce\n\t\t\t councils\n \n \n Section 154\n\t\t\t (29 U.S.C.\n\t\t\t 2894) is amended to read as follows:\n \n \n \n \n 154.\n \n \n Workforce\n\t\t\t\tcouncils\n \n \n \n (a)\n \n \n In\n\t\t\t\tgeneral\n \n \n Each Job Corps center shall have a workforce council\n\t\t\t\tappointed by the Governor of the State in which the Job Corps center is\n\t\t\t\tlocated.\n \n \n \n \n (b)\n \n \n Workforce\n\t\t\t\tcouncil composition\n \n \n \n (1)\n \n \n In\n\t\t\t\tGeneral\n \n \n A workforce council shall be comprised of—\n \n \n \n (A)\n \n \n business members\n\t\t\t\tof the State board described in section 111(b)(1)(B)(i);\n \n \n \n \n (B)\n \n \n business members\n\t\t\t\tof the local boards described in section 117(b)(2)(A) located in the\n\t\t\t\tState;\n \n \n \n \n (C)\n \n \n a representative\n\t\t\t\tof the State board described in section 111(f); and\n \n \n \n \n (D)\n \n \n such other\n\t\t\t\trepresentatives and State agency officials as the Governor may\n\t\t\t\tdesignate.\n \n \n \n \n \n (2)\n \n \n Majority\n \n \n A\n \n 2/3\n \n majority of the members of the workforce council shall\n\t\t\t\tbe representatives described in paragraph (1)(A).\n \n \n \n \n \n (c)\n \n \n Responsibilities\n \n \n The\n\t\t\t\tresponsibilities of the workforce council shall be—\n \n \n \n (1)\n \n \n to review all the\n\t\t\t\trelevant labor market information, including related information in the State\n\t\t\t\tplan described in section 112, to—\n \n \n \n (A)\n \n \n determine the\n\t\t\t\tin-demand industries in the State in which enrollees intend to seek employment\n\t\t\t\tafter graduation;\n \n \n \n \n (B)\n \n \n determine the\n\t\t\t\tskills and education that are necessary to obtain the employment opportunities\n\t\t\t\tdescribed in subparagraph (A); and\n \n \n \n \n (C)\n \n \n determine the type\n\t\t\t\tor types of career and technical education and training that will be\n\t\t\t\timplemented at the center to enable the enrollees to obtain the employment\n\t\t\t\topportunities; and\n \n \n \n \n \n (2)\n \n \n to meet at least\n\t\t\t\tonce a year to reevaluate the labor market information, and other relevant\n\t\t\t\tinformation, to determine any necessary changes in the career and technical\n\t\t\t\teducation and training provided at the\n\t\t\t\tcenter.\n \n \n \n \n \n .\n \n \n \n \n \n 127.\n \n \n Technical\n\t\t\t assistance\n \n \n Section 156\n\t\t\t (29 U.S.C.\n\t\t\t 2896) is amended to read as follows:\n \n \n \n \n 156.\n \n \n Technical\n\t\t\t\tassistance to centers\n \n \n \n (a)\n \n \n In\n\t\t\t\tgeneral\n \n \n From the funds\n\t\t\t\treserved under section 132(a)(3), the Secretary shall provide, directly or\n\t\t\t\tthrough grants, contracts, or other agreements or arrangements as the Secretary\n\t\t\t\tconsiders appropriate, technical assistance and training for the Job Corps\n\t\t\t\tprogram for the purposes of improving program quality.\n \n \n \n \n (b)\n \n \n Activities\n \n \n In\n\t\t\t\tproviding training and technical assistance and for allocating resources for\n\t\t\t\tsuch assistance, the Secretary shall—\n \n \n \n (1)\n \n \n assist entities,\n\t\t\t\tincluding those entities not currently operating a Job Corps center, in\n\t\t\t\tdeveloping the application described in section 147(d);\n \n \n \n \n (2)\n \n \n assist Job Corps\n\t\t\t\tcenters and programs in correcting deficiencies and violations under this\n\t\t\t\tsubtitle;\n \n \n \n \n (3)\n \n \n assist Job Corps\n\t\t\t\tcenters and programs in meeting or exceeding the indicators of performance\n\t\t\t\tdescribed in paragraph (1) and (2) of section 159(c); and\n \n \n \n \n (4)\n \n \n assist Job Corps\n\t\t\t\tcenters and programs in the development of sound management practices,\n\t\t\t\tincluding financial management\n\t\t\t\tprocedures.\n \n \n \n \n \n .\n \n \n \n \n \n 128.\n \n \n Special\n\t\t\t provisions\n \n \n Section 158(c)(1)\n\t\t\t (29 U.S.C.\n\t\t\t 2989(c)(1)) is amended by striking\n \n \n \n \n 129.\n \n \n Performance\n\t\t\t accountability management\n \n \n Section 159 (\n \n 29 U.S.C. 2899\n \n ) is amended—\n \n \n \n (1)\n \n \n in the section\n\t\t\t heading, by striking\n \n \n \n \n (2)\n \n \n in subsection\n\t\t\t (a)(3), by inserting before the period at the end the following:\n \n \n \n \n (3)\n \n \n by striking\n\t\t\t subsections (c) through (g); and\n \n \n \n \n (4)\n \n \n by inserting after\n\t\t\t subsection (b) the following:\n \n \n \n \n (c)\n \n \n Indicators of\n\t\t\t\tPerformance\n \n \n \n (1)\n \n \n Primary\n\t\t\t\tindicators\n \n \n The annual primary indicators of performance for Job\n\t\t\t\tCorps centers shall include—\n \n \n \n (A)\n \n \n the percentage and\n\t\t\t\tnumber of enrollees who graduate from the Job Corps center;\n \n \n \n \n (B)\n \n \n the percentage and\n\t\t\t\tnumber of graduates who entered unsubsidized employment related to the career\n\t\t\t\tand technical education and training received through the Job Corps center,\n\t\t\t\texcept that such calculation shall not include enrollment in education, the\n\t\t\t\tmilitary or volunteer service;\n \n \n \n \n (C)\n \n \n the percentage and\n\t\t\t\tnumber of graduates who obtained a recognized postsecondary credential,\n\t\t\t\tincluding an industry-recognized credential or a registered apprenticeship;\n\t\t\t\tand\n \n \n \n \n (D)\n \n \n the cost per\n\t\t\t\tsuccessful performance outcome, which is calculated by comparing the number of\n\t\t\t\tgraduates who were placed in unsubsidized employment or obtained a recognized\n\t\t\t\tcredential, including an industry-recognized credential, to total program\n\t\t\t\tcosts, including all operations, construction, and administration costs at each\n\t\t\t\tJob Corp center.\n \n \n \n \n \n (2)\n \n \n Secondary\n\t\t\t\tindicators\n \n \n The annual secondary indicators of performance for Job\n\t\t\t\tCorps centers shall include—\n \n \n \n (A)\n \n \n the percentage and\n\t\t\t\tnumber of graduates who entered unsubsidized employment not related to the\n\t\t\t\tcareer and technical education and training received through the Job Corps\n\t\t\t\tcenter;\n \n \n \n \n (B)\n \n \n the percentage and\n\t\t\t\tnumber of graduates who entered into postsecondary education;\n \n \n \n \n (C)\n \n \n the percentage and\n\t\t\t\tnumber of graduates who entered into the military;\n \n \n \n \n (D)\n \n \n the average wage\n\t\t\t\tof graduates who are in unsubsidized employment—\n \n \n \n (i)\n \n \n on\n\t\t\t\tthe first day of employment; and\n \n \n \n \n (ii)\n \n \n 6\n\t\t\t\tmonths after the first day;\n \n \n \n \n \n (E)\n \n \n the number and\n\t\t\t\tpercentage of graduates who entered unsubsidized employment and were retained\n\t\t\t\tin the unsubsidized employment—\n \n \n \n (i)\n \n \n 6\n\t\t\t\tmonths after the first day of employment; and\n \n \n \n \n (ii)\n \n \n 12 months after\n\t\t\t\tthe first day of employment;\n \n \n \n \n \n (F)\n \n \n the percentage and\n\t\t\t\tnumber of enrollees compared to the percentage and number of enrollees the\n\t\t\t\tSecretary has established targets in section 145(c)(1);\n \n \n \n \n (G)\n \n \n the cost per\n\t\t\t\ttraining slot, which is calculated by comparing the program’s maximum number of\n\t\t\t\tstudents that can be enrolled in a Job Corps center at any given time during\n\t\t\t\tthe program year to the number of enrollees in the same program year;\n\t\t\t\tand\n \n \n \n \n (H)\n \n \n the number and\n\t\t\t\tpercentage of former enrollees, including the number dismissed under the zero\n\t\t\t\ttolerance policy described in section 152(b).\n \n \n \n \n \n (3)\n \n \n Indicators of\n\t\t\t\tperformance for recruiters\n \n \n The annual indicators of performance\n\t\t\t\tfor recruiters shall include the measurements described in subparagraph (A) of\n\t\t\t\tparagraph (1) and subparagraphs (F), (G), and (H) of paragraph (2).\n \n \n \n \n (4)\n \n \n Indicators of\n\t\t\t\tperformance of career transition service providers\n \n \n The annual\n\t\t\t\tindicators of performance of career transition service providers shall include\n\t\t\t\tthe measurements described in subparagraphs (B) and (C) of paragraph (1) and\n\t\t\t\tsubparagraphs, (B), (C), (D), and (E) of paragraph (2).\n \n \n \n \n \n (d)\n \n \n Additional\n\t\t\t\tinformation\n \n \n The Secretary shall collect, and submit in the report\n\t\t\t\tdescribed in subsection (f), information on the performance of each Job Corps\n\t\t\t\tcenter, and the Job Corps program, regarding—\n \n \n \n (1)\n \n \n the number and\n\t\t\t\tpercentage of former enrollees who obtained a regular secondary school\n\t\t\t\tdiploma;\n \n \n \n \n (2)\n \n \n the number and\n\t\t\t\tpercentage of former enrollees who entered unsubsidized employment;\n \n \n \n \n (3)\n \n \n the number and\n\t\t\t\tpercentage of former enrollees who obtained a recognized postsecondary\n\t\t\t\tcredential, including an industry-recognized credential;\n \n \n \n \n (4)\n \n \n the number and\n\t\t\t\tpercentage of former enrollees who entered into military service; and\n \n \n \n \n (5)\n \n \n any additional\n\t\t\t\tinformation required by the Secretary.\n \n \n \n \n \n (e)\n \n \n Methods\n \n \n The\n\t\t\t\tSecretary shall collect the information described in subsections (c) and (d),\n\t\t\t\tusing methods described in section 136(i)(2) and consistent with State law, by\n\t\t\t\tentering into agreements with the States to access such data for Job Corps\n\t\t\t\tenrollees, former enrollees, and graduates.\n \n \n \n \n (f)\n \n \n Transparency and\n\t\t\t\taccountability\n \n \n \n (1)\n \n \n Report\n \n \n The Secretary shall collect and annually\n\t\t\t\tsubmit to the Committee on Education and the Workforce of the House of\n\t\t\t\tRepresentatives and the Committee on Health, Education, Labor and Pensions of\n\t\t\t\tthe Senate, and make available to the public by electronic means, a report\n\t\t\t\tcontaining—\n \n \n \n (A)\n \n \n information on the\n\t\t\t\tperformance of each Job Corps center, and the Job Corps program, on the\n\t\t\t\tperformance indicators described in paragraphs (1) and (2) of subsection\n\t\t\t\t(c);\n \n \n \n \n (B)\n \n \n a comparison of\n\t\t\t\teach Job Corps center, by rank, on the performance indicators described in\n\t\t\t\tparagraphs (1) and (2) of subsection (c);\n \n \n \n \n (C)\n \n \n a comparison of\n\t\t\t\teach Job Corps center, by rank, on the average performance of all primary\n\t\t\t\tindicators described in paragraph (1) of subsection (c);\n \n \n \n \n (D)\n \n \n information on the\n\t\t\t\tperformance of the service providers described in paragraphs (3) and (4) of\n\t\t\t\tsubsection (c) on the performance indicators established under such paragraphs;\n\t\t\t\tand\n \n \n \n \n (E)\n \n \n a comparison of\n\t\t\t\teach service provider, by rank, on the performance of all service providers\n\t\t\t\tdescribed in paragraphs (3) and (4) of subsection (c) on the performance\n\t\t\t\tindicators established under such paragraphs.\n \n \n \n \n \n (2)\n \n \n Assessment\n \n \n The\n\t\t\t\tSecretary shall conduct an annual assessment of the performance of each Job\n\t\t\t\tCorps center which shall include information on the Job Corps centers\n\t\t\t\tthat—\n \n \n \n (A)\n \n \n are ranked in the\n\t\t\t\tbottom 10 percent on the performance indicator described in paragraph (1)(C);\n\t\t\t\tor\n \n \n \n \n (B)\n \n \n have failed a\n\t\t\t\tsafety and health code review described in subsection (g).\n \n \n \n \n \n (3)\n \n \n Performance\n\t\t\t\timprovement\n \n \n With respect to a Job Corps center that is identified\n\t\t\t\tunder paragraph (2) or reports less than 50 percent on the performance\n\t\t\t\tindicators described in subparagraph (A), (B), or (C) of subsection (c)(1), the\n\t\t\t\tSecretary shall develop and implement a 1 year performance improvement plan.\n\t\t\t\tSuch a plan shall require action including—\n \n \n \n (A)\n \n \n providing\n\t\t\t\ttechnical assistance to the center;\n \n \n \n \n (B)\n \n \n changing the\n\t\t\t\tmanagement staff of the center;\n \n \n \n \n (C)\n \n \n replacing the\n\t\t\t\toperator of the center;\n \n \n \n \n (D)\n \n \n reducing the\n\t\t\t\tcapacity of the center; or\n \n \n \n \n (E)\n \n \n closing the\n\t\t\t\tcenter.\n \n \n \n \n \n (4)\n \n \n Closure of job\n\t\t\t\tcorps centers\n \n \n Job Corps\n\t\t\t\tcenters that have been identified under paragraph (2) for more than 4\n\t\t\t\tconsecutive years shall be closed. The Secretary shall ensure—\n \n \n \n (A)\n \n \n that the proposed\n\t\t\t\tdecision to close the center is announced in advance to the general public\n\t\t\t\tthrough publication in the Federal Register and other appropriate means;\n\t\t\t\tand\n \n \n \n \n (B)\n \n \n the establishment\n\t\t\t\tof a reasonable comment period, not to exceed 30 days, for interested\n\t\t\t\tindividuals to submit written comments to the Secretary.\n \n \n \n \n \n \n (g)\n \n \n Participant\n\t\t\t\thealth and safety\n \n \n The Secretary shall enter into an agreement\n\t\t\t\twith the General Services Administration or the appropriate State agency\n\t\t\t\tresponsible for inspecting public buildings and safeguarding the health of\n\t\t\t\tdisadvantaged students, to conduct an in-person review of the physical\n\t\t\t\tcondition and health-related activities of each Job Corps center annually. Such\n\t\t\t\treview shall include a passing rate of occupancy under Federal and State\n\t\t\t\tordinances.\n \n \n \n .\n \n \n \n \n \n \n \n D\n \n \n National\n\t\t\t Programs\n \n \n \n 130.\n \n \n Technical\n\t\t\t assistance\n \n \n Section 170\n\t\t\t (29 U.S.C.\n\t\t\t 2915) is amended—\n \n \n \n (1)\n \n \n by striking\n\t\t\t subsection (b);\n \n \n \n \n (2)\n \n \n by\n\t\t\t striking:\n \n \n \n \n (a)\n \n \n General\n\t\t\t\ttechnical\n\t\t\t\tassistance\n \n \n \n ;\n \n \n \n \n \n (3)\n \n \n by redesignating paragraphs (1), (2), and\n\t\t\t (3) as subsections (a), (b), and (c) respectively, and moving such subsections\n\t\t\t 2 ems to the left, and conforming the casing style of the headings of such\n\t\t\t subsections to the casing style of the heading of subsection (d), as added by\n\t\t\t paragraph (7) of this section;\n \n \n \n \n (4)\n \n \n in subsection (a)\n\t\t\t (as so redesignated)—\n \n \n \n (A)\n \n \n by inserting\n \n \n \n \n (B)\n \n \n by striking\n \n \n \n \n \n (5)\n \n \n in subsection (b)\n\t\t\t (as so redesignated)—\n \n \n \n (A)\n \n \n by striking\n \n \n \n \n (B)\n \n \n by striking\n \n \n \n \n (C)\n \n \n by striking\n \n \n \n \n \n (6)\n \n \n in subsection (c)\n\t\t\t (as so redesignated), by striking\n \n \n \n \n (7)\n \n \n by inserting,\n\t\t\t after subsection (c) (as so redesignated), the following:\n \n \n \n \n (d)\n \n \n Best practices\n\t\t\t\tcoordination\n \n \n The Secretary shall—\n \n \n \n (1)\n \n \n establish a system\n\t\t\t\tthrough which States may share information regarding best practices with regard\n\t\t\t\tto the operation of workforce investment activities under this Act; and\n \n \n \n \n (2)\n \n \n evaluate and\n\t\t\t\tdisseminate information regarding best practices and identify knowledge\n\t\t\t\tgaps.\n \n \n \n \n .\n \n \n \n \n \n \n 131.\n \n \n Evaluations\n \n \n Section 172 (\n \n 29 U.S.C. 2917\n \n ) is amended—\n \n \n \n (1)\n \n \n in subsection (a),\n\t\t\t by striking\n \n \n \n \n (2)\n \n \n in subsection\n\t\t\t (a)(4) is amended to read as follows:\n \n \n \n \n (4)\n \n \n the impact of\n\t\t\t\treceiving services and not receiving services under such programs and\n\t\t\t\tactivities on the community, businesses, and\n\t\t\t\tindividuals;\n \n \n \n ;\n \n \n \n \n \n (3)\n \n \n in subsection (c)\n\t\t\t is amended to read as follows:\n \n \n \n \n (c)\n \n \n Techniques\n \n \n Evaluations\n\t\t\t\tconducted under this section shall utilize appropriate and rigorous methodology\n\t\t\t\tand research designs, including the use of control groups chosen by scientific\n\t\t\t\trandom assignment methodologies, quasi-experimental methods, impact analysis\n\t\t\t\tand the use of administrative data. The Secretary shall conduct an impact\n\t\t\t\tanalysis, as described in subsection (a)(4), of the formula grant program under\n\t\t\t\tsubtitle B not later than 2015, and thereafter shall conduct such an analysis\n\t\t\t\tnot less than once every four\n\t\t\t\tyears.\n \n \n \n ;\n \n \n \n \n \n (4)\n \n \n in subsection (e)\n\t\t\t is amended by striking\n \n \n \n \n (5)\n \n \n by redesignating subsection (f) as\n\t\t\t subsection (g) and inserting after subsection (e) the following:\n \n \n \n \n (f)\n \n \n Reduction of\n\t\t\t\tamounts authorized to be appropriated for late reporting\n \n \n If a report required to be transmitted to\n\t\t\t\tCongress under this section is not transmitted on or before the time period\n\t\t\t\tspecified for that report, amounts authorized to be appropriated under this\n\t\t\t\ttitle shall be reduced by 10 percent for the fiscal year that begins after the\n\t\t\t\tdate on which the final report required under this section is required to be\n\t\t\t\ttransmitted and reduced by an additional 10 percent each subsequent fiscal year\n\t\t\t\tuntil each such report is transmitted to\n\t\t\t\tCongress.\n \n \n \n .\n \n \n \n \n \n (6)\n \n \n by adding at the\n\t\t\t end, the following:\n \n \n \n \n (h)\n \n \n Public\n\t\t\t\tavailability\n \n \n The results of the evaluations conducted under this\n\t\t\t\tsection shall be made publicly available, including by posting such results on\n\t\t\t\tthe Department’s\n\t\t\t\twebsite.\n \n \n \n .\n \n \n \n \n \n \n \n E\n \n \n Administration\n \n \n \n 132.\n \n \n Requirements\n\t\t\t and restrictions\n \n \n Section 181\n\t\t\t (29 U.S.C.\n\t\t\t 2931) is amended—\n \n \n \n (1)\n \n \n in subsection\n\t\t\t (b)(6), by striking\n \n \n \n \n (2)\n \n \n in subsection\n\t\t\t (c)(2)(A), in the matter preceding clause (i), by striking\n \n \n \n \n (3)\n \n \n in subsection\n\t\t\t (e)—\n \n \n \n (A)\n \n \n by striking\n \n \n \n \n (B)\n \n \n by striking\n \n \n \n \n \n (4)\n \n \n in subsection\n\t\t\t (f)(4), by striking\n \n \n \n \n (5)\n \n \n by adding at the\n\t\t\t end the following:\n \n \n \n \n (g)\n \n \n Salary and bonus\n\t\t\t\tlimitation\n \n \n No funds provided\n\t\t\t\tunder this title shall be used by a recipient or subrecipient of such funds to\n\t\t\t\tpay the salary and bonuses of an individual, either as direct costs or indirect\n\t\t\t\tcosts, at a rate in excess of Level II of the Federal Executive Pay Schedule\n\t\t\t\t(5 U.S.C.\n\t\t\t\t5313). This limitation shall not apply to vendors providing\n\t\t\t\tgoods and services as defined in OMB Circular A–133. Where States are\n\t\t\t\trecipients of such funds, States may establish a lower limit for salaries and\n\t\t\t\tbonuses of those receiving salaries and bonuses from subrecipients of such\n\t\t\t\tfunds, taking into account factors including the relative cost-of-living in the\n\t\t\t\tState, the compensation levels for comparable State or local government\n\t\t\t\temployees, and the size of the organizations that administer the\n\t\t\t\tprograms.\n \n \n \n \n (h)\n \n \n General\n\t\t\t\tauthority\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n The Employment and\n\t\t\t\tTraining Administration of the U.S. Department of Labor (hereinafter in this\n\t\t\t\tAct referred to as the\n \n \n \n \n (2)\n \n \n Qualifications\n \n \n The\n\t\t\t\tAssistant Secretary shall be an individual with substantial experience in\n\t\t\t\tworkforce development and in workforce development management. The Assistant\n\t\t\t\tSecretary shall also, to the maximum extent possible, possess knowledge and\n\t\t\t\thave worked in or with the State or local workforce investment system or have\n\t\t\t\tbeen a member of the business community. In the performance of the functions of\n\t\t\t\tthe office, the Assistant Secretary shall be directly responsible to the\n\t\t\t\tSecretary or the Under Secretary as designed by the Secretary. The functions of\n\t\t\t\tthe Assistant Secretary shall not be delegated to any officer not directly\n\t\t\t\tresponsible, both with respect to program operation and administration, to the\n\t\t\t\tAssistant Secretary. Any reference in this Act to duties to be carried out by\n\t\t\t\tthe Assistant Secretary shall be considered to be a reference to duties to be\n\t\t\t\tcarried out by the Secretary acting through the Assistant\n\t\t\t\tSecretary.\n \n \n \n \n .\n \n \n \n \n \n \n 133.\n \n \n Prompt\n\t\t\t allocation of funds\n \n \n Section\n\t\t\t 182 (29 U.S.C.\n\t\t\t 2932) is amended—\n \n \n \n (1)\n \n \n in subsection (c),\n\t\t\t by striking\n \n \n \n \n (2)\n \n \n in subsection\n\t\t\t (e)—\n \n \n \n (A)\n \n \n by striking\n \n \n \n \n (B)\n \n \n by striking\n \n \n \n \n \n \n 134.\n \n \n Fiscal\n\t\t\t controls; sanctions\n \n \n Section\n\t\t\t 184(a)(2) (29 U.S.C.\n\t\t\t 2934(a)(2)) is amended—\n \n \n \n (1)\n \n \n by striking\n \n \n \n \n (2)\n \n \n by striking\n\t\t\t subparagraph (B).\n \n \n \n \n \n 135.\n \n \n Reports to\n\t\t\t Congress\n \n \n Section 185\n\t\t\t (29 U.S.C.\n\t\t\t 2935) is amended—\n \n \n \n (1)\n \n \n in subsection\n\t\t\t (c)—\n \n \n \n (A)\n \n \n in paragraph (2),\n\t\t\t by striking\n \n \n \n \n (B)\n \n \n in paragraph (3),\n\t\t\t by striking the period and inserting\n \n \n \n \n (C)\n \n \n by adding at the\n\t\t\t end the following:\n \n \n \n \n (4)\n \n \n shall have the\n\t\t\t\toption to submit or disseminate electronically any reports, records, plans, or\n\t\t\t\tany other data that are required to be collected or disseminated under this\n\t\t\t\ttitle.\n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n \n (2)\n \n \n in subsection\n\t\t\t (e)(2), by inserting\n \n \n \n \n \n 136.\n \n \n Administrative\n\t\t\t provisions\n \n \n Section 189\n\t\t\t (29 U.S.C.\n\t\t\t 2939) is amended—\n \n \n \n (1)\n \n \n in subsection\n\t\t\t (g)—\n \n \n \n (A)\n \n \n by amending\n\t\t\t paragraph (1) to read as follows:\n \n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n Appropriations for any fiscal year for programs and\n\t\t\t\tactivities carried out under this title shall be available for obligation only\n\t\t\t\ton the basis of a program year. The program year shall begin on October 1 in\n\t\t\t\tthe fiscal year for which the appropriation is\n\t\t\t\tmade.\n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (B)\n \n \n in paragraph\n\t\t\t (2)—\n \n \n \n (i)\n \n \n by\n\t\t\t striking\n \n \n \n \n (ii)\n \n \n by\n\t\t\t striking\n \n \n \n \n \n \n (2)\n \n \n in subsection\n\t\t\t (i)—\n \n \n \n (A)\n \n \n by striking\n\t\t\t paragraphs (2) and (3);\n \n \n \n \n (B)\n \n \n by redesignating\n\t\t\t paragraph (4) as paragraph (2);\n \n \n \n \n (C)\n \n \n by amending\n\t\t\t paragraph (2)(A), as so redesignated—\n \n \n \n (i)\n \n \n by\n\t\t\t striking\n \n \n \n \n (ii)\n \n \n by\n\t\t\t striking clause (ii); and\n \n \n \n \n (iii)\n \n \n in\n\t\t\t clause (i), by striking\n \n \n \n \n \n (D)\n \n \n by adding at the\n\t\t\t end the following:\n \n \n \n \n (D)\n \n \n Expedited\n\t\t\t\tprocess for extending approved waivers to additional states\n \n \n In\n\t\t\t\tlieu of the requirements of subparagraphs (B) and (C), the Secretary may\n\t\t\t\testablish an expedited procedure for the purpose of extending to additional\n\t\t\t\tStates the waiver of statutory or regulatory requirements that have been\n\t\t\t\tapproved for a State pursuant to a request under subparagraph (B). Such\n\t\t\t\tprocedure shall ensure that the extension of such waivers to additional States\n\t\t\t\tare accompanied by appropriate conditions relating the implementation of such\n\t\t\t\twaivers.\n \n \n \n \n (E)\n \n \n External\n\t\t\t\tConditions\n \n \n The Secretary shall not require or impose new or\n\t\t\t\tadditional requirements, which are not specified under this Act, on a State in\n\t\t\t\texchange for providing a waiver to the State or a local area in the State under\n\t\t\t\tthis\n\t\t\t\tparagraph.\n \n \n \n .\n \n \n \n \n \n \n \n 137.\n \n \n State\n\t\t\t legislative authority\n \n \n Section\n\t\t\t 191(a) (29 U.S.C.\n\t\t\t 2941(a)) is amended—\n \n \n \n (1)\n \n \n by striking\n \n \n \n \n (2)\n \n \n by striking\n \n \n \n \n \n 138.\n \n \n General program\n\t\t\t requirements\n \n \n Section 195\n\t\t\t (29 U.S.C.\n\t\t\t 2945) is amended—\n \n \n \n (1)\n \n \n in paragraph (7),\n\t\t\t by inserting at the end the following:\n \n \n \n \n (D)\n \n \n Funds received by a public or private\n\t\t\t\tnonprofit entity that are not described in subparagraph (B), such as funds\n\t\t\t\tprivately raised from philanthropic foundations, businesses, or other private\n\t\t\t\tentities, shall not be considered to be income under this title and shall not\n\t\t\t\tbe subject to the requirements of this\n\t\t\t\tsection.\n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (2)\n \n \n by adding at the\n\t\t\t end the following new paragraphs:\n \n \n \n \n (14)\n \n \n Funds provided\n\t\t\t\tunder this title shall not be used to establish or operate stand-alone\n\t\t\t\tfee-for-service enterprises that compete with private sector employment\n\t\t\t\tagencies within the meaning of section 701(c) of the Civil Rights Act of 1964\n\t\t\t\t(42 U.S.C.\n\t\t\t\t2000e(c)), except that for purposes of this paragraph, such an\n\t\t\t\tenterprise does not include one-stop centers.\n \n \n \n \n (15)\n \n \n Any report\n\t\t\t\trequired to be submitted to Congress, or to a Committee of Congress, under this\n\t\t\t\ttitle shall be submitted to both the chairmen and ranking minority members of\n\t\t\t\tthe Committee on Education and the Workforce of the House of Representatives\n\t\t\t\tand the Committee on Health, Education, Labor, and Pensions of the\n\t\t\t\tSenate.\n \n \n \n .\n \n \n \n \n \n \n 139.\n \n \n Federal agency\n\t\t\t staff and restrictions on political and lobbying activities\n \n \n Subtitle E of title I (29 U.S.C. 2931 et\n\t\t\t seq.) is amended by adding at the end the following new\n\t\t\t sections:\n \n \n \n \n 196.\n \n \n Federal agency\n\t\t\t\tstaff\n \n \n The Director of the\n\t\t\t\tOffice of Management and Budget shall—\n \n \n \n (1)\n \n \n not later than 60\n\t\t\t\tdays after the date of the enactment of the SKILLS Act—\n \n \n \n (A)\n \n \n identify the\n\t\t\t\tnumber of Federal government employees who work on or administer each of the\n\t\t\t\tprograms authorized under this Act or repealed under section 401 of the SKILLS\n\t\t\t\tAct, as such programs were in effect on the day before such date of enactment;\n\t\t\t\tand\n \n \n \n \n (B)\n \n \n identify the number of full-time equivalent\n\t\t\t\temployees who work on or administer each of the programs authorized under this\n\t\t\t\tAct or repealed under section 401 of the SKILLS Act, as such programs were in\n\t\t\t\teffect on the day before such date of enactment, and that have been repealed or\n\t\t\t\tconsolidated on or after such date of enactment;\n \n \n \n \n \n (2)\n \n \n not later than 90 after such date of\n\t\t\t\tenactment, publish the information described in paragraph (1) on the Office of\n\t\t\t\tManagement and Budget website; and\n \n \n \n \n (3)\n \n \n not later than 1\n\t\t\t\tyear after such date of enactment—\n \n \n \n (A)\n \n \n reduce the\n\t\t\t\tworkforce of the Federal Government by the number of full-time equivalent\n\t\t\t\temployees identified under paragraph (1)(B); and\n \n \n \n \n (B)\n \n \n submit to Congress\n\t\t\t\ta report on how the Director carried out the requirements of subparagraph\n\t\t\t\t(A).\n \n \n \n \n \n \n 197.\n \n \n Restrictions on\n\t\t\t\tlobbying and political activities\n \n \n \n (a)\n \n \n Lobbying\n\t\t\t\trestrictions\n \n \n \n (1)\n \n \n Publicity\n\t\t\t\trestrictions\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n Subject to subparagraph (B), no funds provided under this\n\t\t\t\tAct shall be used or proposed for use, for—\n \n \n \n (i)\n \n \n publicity or\n\t\t\t\tpropaganda purposes; or\n \n \n \n \n (ii)\n \n \n the preparation, distribution, or use of\n\t\t\t\tany kit, pamphlet, booklet, publication, electronic communication, radio,\n\t\t\t\ttelevision, or video presentation designed to support or defeat the enactment\n\t\t\t\tof legislation before the Congress or any State or local legislature or\n\t\t\t\tlegislative body.\n \n \n \n \n \n (B)\n \n \n Exception\n \n \n Subparagraph (A) shall not apply to—\n \n \n \n (i)\n \n \n normal and\n\t\t\t\trecognized executive-legislative relationships;\n \n \n \n \n (ii)\n \n \n the preparation,\n\t\t\t\tdistribution, or use of the materials described in subparagraph (A)(ii) in\n\t\t\t\tpresentation to the Congress or any State or local legislature (except that\n\t\t\t\tthis subparagraph does not apply with respect to such preparation,\n\t\t\t\tdistribution, or use in presentation to the executive branch of any State or\n\t\t\t\tlocal government); or\n \n \n \n \n (iii)\n \n \n if such\n\t\t\t\tmaterials are designed to support or defeat any proposed or pending regulation,\n\t\t\t\tadministrative action, or order issued by the executive branch of any State or\n\t\t\t\tlocal government.\n \n \n \n \n \n \n (2)\n \n \n Salary payment\n\t\t\t\trestriction\n \n \n No funds provided\n\t\t\t\tunder this Act shall be used, or proposed for use, to pay the salary or\n\t\t\t\texpenses of any grant or contract recipient, or agent acting for such\n\t\t\t\trecipient, related to any activity designed to influence the enactment of\n\t\t\t\tlegislation, appropriations, regulations, administrative action, or executive\n\t\t\t\torder proposed or pending before the Congress or any State government, or State\n\t\t\t\tlegislature or local legislature or legislative body, other than for normal and\n\t\t\t\trecognized executive-legislative relationships or participation by an agency or\n\t\t\t\tofficer of a State, local, or tribal government in policymaking and\n\t\t\t\tadministrative processes within the executive branch of that government.\n \n \n \n \n \n (b)\n \n \n Political\n\t\t\t\trestrictions\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n No funds received by\n\t\t\t\ta participant of a program or an activity under this Act shall be used\n\t\t\t\tfor—\n \n \n \n (A)\n \n \n any partisan or\n\t\t\t\tnonpartisan political activity or any other political activity associated with\n\t\t\t\ta candidate, or contending faction or group, in an election for public or party\n\t\t\t\toffice; or\n \n \n \n \n (B)\n \n \n any activity to\n\t\t\t\tprovide voters with transportation to the polls or similar assistance in\n\t\t\t\tconnection with any such election.\n \n \n \n \n \n (2)\n \n \n Definition\n \n \n For the purposes of this subsection, the\n\t\t\t\tterm\n \n \n \n \n (3)\n \n \n Restriction on\n\t\t\t\tvoter registration activities\n \n \n No funds under this Act shall be used to\n\t\t\t\tconduct voter registration\n\t\t\t\tactivities.\n \n \n \n \n \n .\n \n \n \n \n \n \n F\n \n \n State unified\n\t\t\t plan\n \n \n \n 140.\n \n \n State unified\n\t\t\t plan\n \n \n Section 501\n\t\t\t (20 U.S.C.\n\t\t\t 9271) is amended—\n \n \n \n (1)\n \n \n by amending\n\t\t\t subsection (a) to read as follows:\n \n \n \n \n (a)\n \n \n General\n\t\t\t\tauthority\n \n \n The Secretary shall\n\t\t\t\treceive and approve State unified plans developed and submitted under this\n\t\t\t\tsection.\n \n \n \n ;\n \n \n \n \n \n (2)\n \n \n by amending\n\t\t\t subsection (b) to read as follows:\n \n \n \n \n (b)\n \n \n State unified\n\t\t\t\tplan\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n A State may develop and submit to the Secretary a State\n\t\t\t\tunified plan for 2 or more of the activities or programs set forth in paragraph\n\t\t\t\t(2). The State unified plan shall cover one or more of the activities set forth\n\t\t\t\tin subparagraphs (A) and (B) of paragraph (2) and may cover one or more of the\n\t\t\t\tactivities set forth in subparagraphs (C) through (N) of paragraph (2). For\n\t\t\t\tpurposes of this paragraph, the activities and programs described in\n\t\t\t\tsubparagraphs (A) and (B) of paragraph (2) shall not be considered to be 2 or\n\t\t\t\tmore activities or programs for purposes of the unified plan. Such activities\n\t\t\t\tor programs shall be considered to be 1 activity or program.\n \n \n \n \n (2)\n \n \n Activities and\n\t\t\t\tprograms\n \n \n The activities and programs referred to in paragraph (1)\n\t\t\t\tare as follows:\n \n \n \n (A)\n \n \n Programs and\n\t\t\t\tactivities authorized under title I.\n \n \n \n \n (B)\n \n \n Programs and\n\t\t\t\tactivities authorized under title II.\n \n \n \n \n (C)\n \n \n Programs\n\t\t\t\tauthorized under the Rehabilitation Act of 1973.\n \n \n \n \n (D)\n \n \n Secondary career\n\t\t\t\teducation programs authorized under the Carl D. Perkins Career and Applied\n\t\t\t\tTechnology Education Act.\n \n \n \n \n (E)\n \n \n Postsecondary\n\t\t\t\tcareer education programs authorized under the Carl D. Perkins Career and\n\t\t\t\tApplied Technology Education Act.\n \n \n \n \n (F)\n \n \n Programs and\n\t\t\t\tactivities authorized under title II of the Trade Act of 1974.\n \n \n \n \n (G)\n \n \n National\n\t\t\t\tApprenticeship Act of 1937.\n \n \n \n \n (H)\n \n \n Programs\n\t\t\t\tauthorized under the Community Services Block Grant Act.\n \n \n \n \n (I)\n \n \n Programs\n\t\t\t\tauthorized under the part A of title IV of the Social Security Act.\n \n \n \n \n (J)\n \n \n Programs\n\t\t\t\tauthorized under State unemployment compensation laws (in accordance with\n\t\t\t\tapplicable Federal law).\n \n \n \n \n (K)\n \n \n Work programs\n\t\t\t\tauthorized under section 6(o) of the Food Stamp Act of 1977.\n \n \n \n \n (L)\n \n \n Programs and\n\t\t\t\tactivities authorized title I of the Housing and Community Development Act of\n\t\t\t\t1974.\n \n \n \n \n (M)\n \n \n Programs and\n\t\t\t\tactivities authorized under the Public Workers and Economic Development Act of\n\t\t\t\t1965.\n \n \n \n \n (N)\n \n \n Activities as\n\t\t\t\tdefined under\n \n chapter 41\n \n of title 38,\n\t\t\t\tUnited States Code.\n \n \n \n \n \n ;\n \n \n \n \n \n (3)\n \n \n by amending subsection (d) to read as\n\t\t\t follows:\n \n \n \n \n (d)\n \n \n Approval\n \n \n \n (1)\n \n \n Jurisdiction\n \n \n In approving a State unified plan under\n\t\t\t\tthis section, the Secretary shall—\n \n \n \n (A)\n \n \n submit the portion of the State unified\n\t\t\t\tplan covering an activity or program described in subsection (b)(2) to the head\n\t\t\t\tof the Federal agency who exercises administrative authority over the activity\n\t\t\t\tor program for the approval of such portion by such Federal agency head;\n\t\t\t\tor\n \n \n \n \n (B)\n \n \n coordinate approval of the portion of the\n\t\t\t\tState unified plan covering an activity or program described in subsection\n\t\t\t\t(b)(2) with the head of the Federal agency who exercises administrative\n\t\t\t\tauthority over the activity or program.\n \n \n \n \n \n (2)\n \n \n Timeline\n \n \n A State unified plan shall be considered to\n\t\t\t\tbe approved by the Secretary at the end of the 90-day period beginning on the\n\t\t\t\tday the Secretary receives the plan, unless the Secretary makes a written\n\t\t\t\tdetermination, during the 90-day period, that details how the plan is not\n\t\t\t\tconsistent with the requirements of the Federal statute authorizing an activity\n\t\t\t\tor program described in subsection (b)(2) and covered under the plan or how the\n\t\t\t\tplan is not consistent with the requirements of subsection\n\t\t\t\t(c)(3).\n \n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (4)\n \n \n by adding at the\n\t\t\t end the following:\n \n \n \n \n (e)\n \n \n Additional\n\t\t\t\temployment and training funds\n \n \n \n (1)\n \n \n Purpose\n \n \n It is the purpose of this subsection to\n\t\t\t\treduce inefficiencies in the administration of federally-funded State and local\n\t\t\t\temployment and training programs.\n \n \n \n \n (2)\n \n \n In\n\t\t\t\tgeneral\n \n \n In developing a State\n\t\t\t\tunified plan for the activities or programs described in subsection (b)(2) and\n\t\t\t\tsubject to paragraph (4) and the State plan approval process under subsection\n\t\t\t\t(d), a State may propose to consolidate the amount, in whole or part, provided\n\t\t\t\tfor the activities or programs dedicated to employment and training into the\n\t\t\t\tWorkforce Investment Fund under section 132(b) to improve the administration of\n\t\t\t\tState and local employment and training programs.\n \n \n \n \n (3)\n \n \n Requirements\n \n \n A State with a State unified plan approved\n\t\t\t\tunder subsection (d) for purposes of consolidation under paragraph (2) and that\n\t\t\t\tis carrying out such consolidation shall—\n \n \n \n (A)\n \n \n continue to meet the program requirements,\n\t\t\t\tlimitations, and prohibitions of any Federal statute authorizing the activity\n\t\t\t\tor program consolidated into the Workforce Investment Fund;\n \n \n \n \n (B)\n \n \n meet the intent\n\t\t\t\tand purpose of the activity or program consolidated into the Workforce\n\t\t\t\tInvestment Fund; and\n \n \n \n \n (C)\n \n \n continue to make\n\t\t\t\treservations and allotments under subsections (a) and (b) of section\n\t\t\t\t133.\n \n \n \n \n \n (4)\n \n \n Exceptions\n \n \n A\n\t\t\t\tState may not consolidate funds under paragraph (2) that are allocated to the\n\t\t\t\tState under—\n \n \n \n (A)\n \n \n the Carl D.\n\t\t\t\tPerkins Career and Technical Education Act of 2006; or\n \n \n \n \n (B)\n \n \n the Rehabilitation\n\t\t\t\tAct of\n\t\t\t\t1973.\n \n \n \n \n \n .\n \n \n \n \n \n \n \n <enum>\n II\n </enum>\n <header>\n ADULT EDUCATION\n\t\t\t AND FAMILY LITERACY EDUCATION\n </header>\n <section id=\"H376C1BE9D30943789E60ACE96F22AC0F\">\n <enum>\n 201.\n </enum>\n <header>\n Amendment\n </header>\n <text display-inline=\"no-display-inline\">\n Title II (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/2901\">\n 20 U.S.C. 2901 et seq.\n </external-xref>\n ) is amended\n\t\t\t to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H95B0299D661848B5913538D04C973093\" style=\"OLC\">\n <title id=\"HEB48A6D3839B43B898607F58009C3E0D\">\n <enum>\n II\n </enum>\n <header>\n ADULT EDUCATION\n\t\t\t\tAND FAMILY LITERACY EDUCATION\n </header>\n <section id=\"H419C7527361A4584BDD1AF8974647E4F\">\n <enum>\n 201.\n </enum>\n <header>\n Short\n\t\t\t\ttitle\n </header>\n <text display-inline=\"no-display-inline\">\n This title may be cited\n\t\t\t\tas the\n <quote>\n Adult Education and Family Literacy Education Act\n </quote>\n .\n </text>\n </section>\n <section id=\"HCB667B39764149E4A57371B9180C4C8B\">\n <enum>\n 202.\n </enum>\n <header>\n Purpose\n </header>\n <text display-inline=\"no-display-inline\">\n It is the purpose of this title to provide\n\t\t\t\tinstructional opportunities for adults seeking to improve their literacy\n\t\t\t\tskills, including their basic reading, writing, speaking, and math skills, and\n\t\t\t\tsupport States and local communities in providing, on a voluntary basis, adult\n\t\t\t\teducation and family literacy education programs, in order to—\n </text>\n <paragraph id=\"H53F392F0974E4454B7242DD1E63E603C\">\n <enum>\n (1)\n </enum>\n <text>\n increase the\n\t\t\t\tliteracy of adults, including the basic reading, writing, speaking, and math\n\t\t\t\tskills, to a level of proficiency necessary for adults to obtain employment and\n\t\t\t\tself-sufficiency and to successfully advance in the workforce;\n </text>\n </paragraph>\n <paragraph id=\"H0695E4B5EE3543D59E1B7948B1C15B10\">\n <enum>\n (2)\n </enum>\n <text>\n assist adults in\n\t\t\t\tthe completion of a secondary school education (or its equivalent) and the\n\t\t\t\ttransition to a postsecondary educational institution;\n </text>\n </paragraph>\n <paragraph id=\"H45AB17AC106649239407E35CFB8B8433\">\n <enum>\n (3)\n </enum>\n <text>\n assist adults who\n\t\t\t\tare parents to enable them to support the educational development of their\n\t\t\t\tchildren and make informed choices regarding their children’s education\n\t\t\t\tincluding, through instruction in basic reading, writing, speaking, and math\n\t\t\t\tskills; and\n </text>\n </paragraph>\n <paragraph id=\"H126322D3A9544037BAF6D53BB7F158D3\">\n <enum>\n (4)\n </enum>\n <text>\n assist adults who\n\t\t\t\tare not proficient in English in improving their reading, writing, speaking,\n\t\t\t\tlistening, comprehension, and math skills.\n </text>\n </paragraph>\n </section>\n <section id=\"HFBD4A4783F4F4A65A0760307F067578C\">\n <enum>\n 203.\n </enum>\n <header>\n Definitions\n </header>\n <text display-inline=\"no-display-inline\">\n In this title:\n </text>\n <paragraph id=\"H21B9B8CD4E384DFF8CE42788A6E5C065\">\n <enum>\n (1)\n </enum>\n <header>\n Adult education\n\t\t\t\tand family literacy education programs\n </header>\n <text>\n The term\n <term>\n adult\n\t\t\t\teducation and family literacy education programs\n </term>\n means a sequence of\n\t\t\t\tacademic instruction and educational services below the postsecondary level\n\t\t\t\tthat increase an individual’s ability to read, write, and speak English and\n\t\t\t\tperform mathematical computations leading to a level of proficiency equivalent\n\t\t\t\tto at least a secondary school completion that is provided for\n\t\t\t\tindividuals—\n </text>\n <subparagraph id=\"H041C69C212794A3A9ADD63344F6C1D57\">\n <enum>\n (A)\n </enum>\n <text>\n who are at least\n\t\t\t\t16 years of age;\n </text>\n </subparagraph>\n <subparagraph id=\"H0A705855DF9A46CAA8D3F16C7DFA2462\">\n <enum>\n (B)\n </enum>\n <text>\n who are not\n\t\t\t\tenrolled or required to be enrolled in secondary school under State law;\n\t\t\t\tand\n </text>\n </subparagraph>\n <subparagraph id=\"HCB6A0BAB45C14AEC970F89E3161F6173\">\n <enum>\n (C)\n </enum>\n <text>\n who—\n </text>\n <clause id=\"H9B3EFA391C9E4E13B5781757D12CD8A2\">\n <enum>\n (i)\n </enum>\n <text>\n lack sufficient\n\t\t\t\tmastery of basic reading, writing, speaking, and math skills to enable the\n\t\t\t\tindividuals to function effectively in society;\n </text>\n </clause>\n <clause id=\"HCAF2CC115C1542ED9D957F37E434758F\">\n <enum>\n (ii)\n </enum>\n <text>\n do not have a\n\t\t\t\tsecondary school diploma or its equivalent and have not achieved an equivalent\n\t\t\t\tlevel of education; or\n </text>\n </clause>\n <clause id=\"H8798BF22AF1B4743B2D155C28BBF41E5\">\n <enum>\n (iii)\n </enum>\n <text>\n are English\n\t\t\t\tlearners.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HB1E851DC3DB348A4B35EAA6897A2D5D1\">\n <enum>\n (2)\n </enum>\n <header>\n Eligible\n\t\t\t\tagency\n </header>\n <text>\n The term\n <term>\n eligible agency\n </term>\n —\n </text>\n <subparagraph id=\"HB91BA6428C804AA2AB30D04392EF90F7\">\n <enum>\n (A)\n </enum>\n <text>\n means the primary\n\t\t\t\tentity or agency in a State or an outlying area responsible for administering\n\t\t\t\tor supervising policy for adult education and family literacy education\n\t\t\t\tprograms in the State or outlying area, respectively, consistent with the law\n\t\t\t\tof the State or outlying area, respectively; and\n </text>\n </subparagraph>\n <subparagraph id=\"H4C9107B1F5244DE8B23027AA959B462A\">\n <enum>\n (B)\n </enum>\n <text>\n may be the State\n\t\t\t\teducational agency, the State agency responsible for administering workforce\n\t\t\t\tinvestment activities, or the State agency responsible for administering\n\t\t\t\tcommunity or technical colleges.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HCF7B6863A4E14C709CF6983D95881C6E\">\n <enum>\n (3)\n </enum>\n <header>\n Eligible\n\t\t\t\tprovider\n </header>\n <text>\n The term\n <term>\n eligible provider\n </term>\n means an\n\t\t\t\torganization of demonstrated effectiveness which is—\n </text>\n <subparagraph id=\"HBEDF1120A9624787B05F1D2FF3652CD9\">\n <enum>\n (A)\n </enum>\n <text>\n a local\n\t\t\t\teducational agency;\n </text>\n </subparagraph>\n <subparagraph id=\"H38A7F9C074C8438FB08DF87DA5034B31\">\n <enum>\n (B)\n </enum>\n <text>\n a community-based\n\t\t\t\tor faith-based organization;\n </text>\n </subparagraph>\n <subparagraph id=\"H46E3AA121C984576BA244E902322E535\">\n <enum>\n (C)\n </enum>\n <text>\n a volunteer\n\t\t\t\tliteracy organization;\n </text>\n </subparagraph>\n <subparagraph id=\"H6FF2A120D2B44D4198B0320BD80F13C8\">\n <enum>\n (D)\n </enum>\n <text>\n an institution of\n\t\t\t\thigher education;\n </text>\n </subparagraph>\n <subparagraph id=\"H42F6B6352BE0456DAB63FDAC4D3DABC8\">\n <enum>\n (E)\n </enum>\n <text>\n a public or\n\t\t\t\tprivate educational agency;\n </text>\n </subparagraph>\n <subparagraph id=\"HEC1421C5A6C94E24A2C1E6260FCD5D91\">\n <enum>\n (F)\n </enum>\n <text>\n a library;\n </text>\n </subparagraph>\n <subparagraph id=\"H0C093F023EA64A1BB9557519991115AD\">\n <enum>\n (G)\n </enum>\n <text>\n a public housing\n\t\t\t\tauthority;\n </text>\n </subparagraph>\n <subparagraph id=\"HEEA077E1718940AEB045793ACAD7EDB8\">\n <enum>\n (H)\n </enum>\n <text>\n an institution\n\t\t\t\tthat is not described in any of subparagraphs (A) through (G) and has the\n\t\t\t\tability to provide adult education, basic skills, and family literacy education\n\t\t\t\tprograms to adults and families; or\n </text>\n </subparagraph>\n <subparagraph id=\"HA9B143127B334820AB812BA1BF3A3E57\">\n <enum>\n (I)\n </enum>\n <text>\n a consortium of\n\t\t\t\tthe agencies, organizations, institutions, libraries, or authorities described\n\t\t\t\tin any of subparagraphs (A) through (H).\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HCFD3C0B7BA8B4621BA70B63897684A4D\">\n <enum>\n (4)\n </enum>\n <header>\n English language\n\t\t\t\tacquisition program\n </header>\n <text>\n The term\n <term>\n English language acquisition\n\t\t\t\tprogram\n </term>\n means a program of instruction—\n </text>\n <subparagraph id=\"H1555A85D80AA478882AE6711B06AC531\">\n <enum>\n (A)\n </enum>\n <text>\n designed to help\n\t\t\t\tEnglish learners achieve competence in reading, writing, speaking, and\n\t\t\t\tcomprehension of the English language; and\n </text>\n </subparagraph>\n <subparagraph id=\"H5D46D04F33BB40C5838D6E81B4A0BF22\">\n <enum>\n (B)\n </enum>\n <text>\n that may lead\n\t\t\t\tto—\n </text>\n <clause id=\"H3F4C187B5FBB4A5DA7E5B73C297F3468\">\n <enum>\n (i)\n </enum>\n <text>\n attainment of a\n\t\t\t\tsecondary school diploma or its recognized equivalent;\n </text>\n </clause>\n <clause id=\"HFBD14BCE22964669BEFA1EB8E8AA62BC\">\n <enum>\n (ii)\n </enum>\n <text>\n transition to\n\t\t\t\tsuccess in postsecondary education and training; and\n </text>\n </clause>\n <clause id=\"H53072A0931594878B7B725BF7C23A114\">\n <enum>\n (iii)\n </enum>\n <text>\n employment or\n\t\t\t\tcareer advancement.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HB7496326DC6B41B2BA5B51D9414F3F55\">\n <enum>\n (5)\n </enum>\n <header>\n Family literacy\n\t\t\t\teducation program\n </header>\n <text>\n The term\n <term>\n family literacy education\n\t\t\t\tprogram\n </term>\n means an educational program that—\n </text>\n <subparagraph id=\"H813604FA113F493086C7CB154C719503\">\n <enum>\n (A)\n </enum>\n <text>\n assists parents\n\t\t\t\tand students, on a voluntary basis, in achieving the purposes of this title as\n\t\t\t\tdescribed in section 202; and\n </text>\n </subparagraph>\n <subparagraph id=\"HC63DDCFF2A5A47479419B285CD608E4C\">\n <enum>\n (B)\n </enum>\n <text>\n is of sufficient\n\t\t\t\tintensity in terms of hours and of sufficient quality to make sustainable\n\t\t\t\tchanges in a family, is evidence-based, and, for the purpose of substantially\n\t\t\t\tincreasing the ability of parents and children to read, write, and speak\n\t\t\t\tEnglish, integrates—\n </text>\n <clause id=\"H87C212888F02478DB88458AA68F08A93\">\n <enum>\n (i)\n </enum>\n <text>\n interactive\n\t\t\t\tliteracy activities between parents and their children;\n </text>\n </clause>\n <clause id=\"H7F3F0CACECAD44E289B8AB7AE91EBC61\">\n <enum>\n (ii)\n </enum>\n <text>\n training for\n\t\t\t\tparents regarding how to be the primary teacher for their children and full\n\t\t\t\tpartners in the education of their children;\n </text>\n </clause>\n <clause id=\"H6B2E1941036F40EA98516FEF56E5C633\">\n <enum>\n (iii)\n </enum>\n <text>\n parent literacy\n\t\t\t\ttraining that leads to economic self-sufficiency; and\n </text>\n </clause>\n <clause id=\"HEE14730F2B61432787DF70BB9712CEF6\">\n <enum>\n (iv)\n </enum>\n <text>\n an\n\t\t\t\tage-appropriate education to prepare children for success in school and life\n\t\t\t\texperiences.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H01BB471A516B4D79915694D46BC6B173\">\n <enum>\n (6)\n </enum>\n <header>\n Governor\n </header>\n <text>\n The\n\t\t\t\tterm\n <term>\n Governor\n </term>\n means the chief executive officer of a State or\n\t\t\t\toutlying area.\n </text>\n </paragraph>\n <paragraph id=\"H3A49FCE02FCC41468AF2E236299DA541\">\n <enum>\n (7)\n </enum>\n <header>\n Individual with\n\t\t\t\ta disability\n </header>\n <subparagraph id=\"H7F6CDFCE563640E0921881072A00C44E\">\n <enum>\n (A)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n The term\n <term>\n individual with a disability\n </term>\n means\n\t\t\t\tan individual with any disability (as defined in section 3 of the Americans\n\t\t\t\twith Disabilities Act of 1990).\n </text>\n </subparagraph>\n <subparagraph id=\"H606F2D893CC34F50B9356131210D0A22\">\n <enum>\n (B)\n </enum>\n <header>\n Individuals with\n\t\t\t\tdisabilities\n </header>\n <text>\n The term\n <term>\n individuals with disabilities\n </term>\n means more than one individual with a disability.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HB7BE451BEDA34B60B2F1219FCB5AE699\">\n <enum>\n (8)\n </enum>\n <header>\n English\n\t\t\t\tlearner\n </header>\n <text>\n The term\n <term>\n English learner\n </term>\n means an adult or\n\t\t\t\tout-of-school youth who has limited ability in reading, writing, speaking, or\n\t\t\t\tunderstanding the English language, and—\n </text>\n <subparagraph id=\"H9569BB10D96A4F4AA2E583C72554EA3D\">\n <enum>\n (A)\n </enum>\n <text>\n whose native\n\t\t\t\tlanguage is a language other than English; or\n </text>\n </subparagraph>\n <subparagraph id=\"H2DC34EE725CB4594AA3C151365343930\">\n <enum>\n (B)\n </enum>\n <text>\n who lives in a\n\t\t\t\tfamily or community environment where a language other than English is the\n\t\t\t\tdominant language.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H07946872214F4B4CA882D99AB2EE98F5\">\n <enum>\n (9)\n </enum>\n <header>\n Integrated\n\t\t\t\tEducation and Training\n </header>\n <text display-inline=\"yes-display-inline\">\n The\n\t\t\t\tterm\n <term>\n integrated education and training\n </term>\n means services that provide\n\t\t\t\tadult education and literacy activities contextually and concurrently with\n\t\t\t\tworkforce preparation activities and workforce training for a specific\n\t\t\t\toccupation or occupational cluster. Such services may include offering adult\n\t\t\t\teducation services concurrent with postsecondary education and training,\n\t\t\t\tincluding through co-instruction.\n </text>\n </paragraph>\n <paragraph id=\"H167AC38501594CA9AE8A31EF5E19C197\">\n <enum>\n (10)\n </enum>\n <header>\n Institution of\n\t\t\t\thigher education\n </header>\n <text>\n The term\n <term>\n institution of higher\n\t\t\t\teducation\n </term>\n has the meaning given the term in section 101 of the Higher\n\t\t\t\tEducation Act of 1965.\n </text>\n </paragraph>\n <paragraph id=\"H6EBA2A8504434E52A9A1B36374A9BA70\">\n <enum>\n (11)\n </enum>\n <header>\n Literacy\n </header>\n <text>\n The\n\t\t\t\tterm\n <term>\n literacy\n </term>\n means an individual’s ability to read, write, and\n\t\t\t\tspeak in English, compute, and solve problems at a level of proficiency\n\t\t\t\tnecessary to obtain employment and to successfully make the transition to\n\t\t\t\tpostsecondary education.\n </text>\n </paragraph>\n <paragraph id=\"HDFE1B566994148C8BDC6880706E80DB1\">\n <enum>\n (12)\n </enum>\n <header>\n Local\n\t\t\t\teducational agency\n </header>\n <text>\n The term\n <term>\n local educational agency\n </term>\n has the meaning given the term in section 9101 of the Elementary and Secondary\n\t\t\t\tEducation Act of 1965.\n </text>\n </paragraph>\n <paragraph id=\"HFE139BE2F7064DC5B2B43DA57689DA73\">\n <enum>\n (13)\n </enum>\n <header>\n Outlying\n\t\t\t\tarea\n </header>\n <text>\n The term\n <term>\n outlying area\n </term>\n has the meaning given\n\t\t\t\tthe term in section 101 of this Act.\n </text>\n </paragraph>\n <paragraph id=\"HD788D3903F5E48D9AA057D5C333B6976\">\n <enum>\n (14)\n </enum>\n <header>\n Postsecondary\n\t\t\t\teducational institution\n </header>\n <text>\n The term\n <term>\n postsecondary educational\n\t\t\t\tinstitution\n </term>\n means—\n </text>\n <subparagraph id=\"H7079352C949F451C89E67FFE7D56E10D\">\n <enum>\n (A)\n </enum>\n <text>\n an institution of\n\t\t\t\thigher education that provides not less than a 2-year program of instruction\n\t\t\t\tthat is acceptable for credit toward a bachelor’s degree;\n </text>\n </subparagraph>\n <subparagraph id=\"H0BD76F8EE27044CF82181D680D7E971E\">\n <enum>\n (B)\n </enum>\n <text>\n a tribally\n\t\t\t\tcontrolled community college; or\n </text>\n </subparagraph>\n <subparagraph id=\"HBCA2C56E8C294BCBADC3F1CE8EE6EFA3\">\n <enum>\n (C)\n </enum>\n <text>\n a nonprofit\n\t\t\t\teducational institution offering certificate or apprenticeship programs at the\n\t\t\t\tpostsecondary level.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H4F1E587862CF48368846DD613FD23DD9\">\n <enum>\n (15)\n </enum>\n <header>\n Secretary\n </header>\n <text>\n The\n\t\t\t\tterm\n <term>\n Secretary\n </term>\n means the Secretary of Education.\n </text>\n </paragraph>\n <paragraph id=\"H9DE4AC59528C455C8C9069EC20C1B72C\">\n <enum>\n (16)\n </enum>\n <header>\n State\n </header>\n <text>\n The\n\t\t\t\tterm\n <term>\n State\n </term>\n means each of the several States of the United States,\n\t\t\t\tthe District of Columbia, and the Commonwealth of Puerto Rico.\n </text>\n </paragraph>\n <paragraph id=\"HD8398EE6A3D24CC3938F8A6A51C71340\">\n <enum>\n (17)\n </enum>\n <header>\n State\n\t\t\t\teducational agency\n </header>\n <text>\n The term\n <term>\n State educational agency\n </term>\n has the meaning given the term in section 9101 of the Elementary and Secondary\n\t\t\t\tEducation Act of 1965.\n </text>\n </paragraph>\n <paragraph id=\"H4E38DA6424C0447BA676446FF4B3293B\">\n <enum>\n (18)\n </enum>\n <header>\n Workplace\n\t\t\t\tliteracy program\n </header>\n <text>\n The term\n <term>\n workplace literacy program\n </term>\n means an educational program that is offered in collaboration between eligible\n\t\t\t\tproviders and employers or employee organizations for the purpose of improving\n\t\t\t\tthe productivity of the workforce through the improvement of reading, writing,\n\t\t\t\tspeaking, and math skills.\n </text>\n </paragraph>\n </section>\n <section id=\"HB9E7DD3C9347428C82532885684DD37C\">\n <enum>\n 204.\n </enum>\n <header>\n Home\n\t\t\t\tschools\n </header>\n <text display-inline=\"no-display-inline\">\n Nothing in this title\n\t\t\t\tshall be construed to affect home schools, whether or not a home school is\n\t\t\t\ttreated as a home school or a private school under State law, or to compel a\n\t\t\t\tparent engaged in home schooling to participate in adult education and family\n\t\t\t\tliteracy education activities under this title.\n </text>\n </section>\n <section id=\"H46FD6889E1AF4BD5B60E2A198E479E7B\">\n <enum>\n 205.\n </enum>\n <header>\n Authorization\n\t\t\t\tof appropriations\n </header>\n <text display-inline=\"no-display-inline\">\n There are\n\t\t\t\tauthorized to be appropriated to carry out this title, $606,294,933 for fiscal\n\t\t\t\tyears 2014 and for each of the 6 succeeding fiscal years.\n </text>\n </section>\n <subtitle id=\"H6319370BFA3F454FA990AEFE20001CBB\">\n <enum>\n A\n </enum>\n <header>\n Federal\n\t\t\t\tProvisions\n </header>\n <section id=\"H6C906A5E63074979982C11104F5D2465\">\n <enum>\n 211.\n </enum>\n <header>\n Reservation of\n\t\t\t\tfunds; grants to eligible agencies; allotments\n </header>\n <subsection id=\"H30685D5D5279411EB1CE208522439A67\">\n <enum>\n (a)\n </enum>\n <header>\n Reservation of\n\t\t\t\tfunds\n </header>\n <text>\n From the sums appropriated under section 205 for a fiscal\n\t\t\t\tyear, the Secretary shall reserve 2.0 percent to carry out section 242.\n </text>\n </subsection>\n <subsection id=\"HF38C3E74A3D34FC59193B6D9F811CBAD\">\n <enum>\n (b)\n </enum>\n <header>\n Grants to\n\t\t\t\teligible agencies\n </header>\n <paragraph id=\"H2415587D94FE4CF992F5D3B5AD0523EA\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n From the sums appropriated under section 205 and not\n\t\t\t\treserved under subsection (a) for a fiscal year, the Secretary shall award a\n\t\t\t\tgrant to each eligible agency having a State plan approved under section 224 in\n\t\t\t\tan amount equal to the sum of the initial allotment under subsection (c)(1) and\n\t\t\t\tthe additional allotment under subsection (c)(2) for the eligible agency for\n\t\t\t\tthe fiscal year, subject to subsections (f) and (g).\n </text>\n </paragraph>\n <paragraph id=\"HBB4A2AF7046E42299E295B71AEC05EFC\">\n <enum>\n (2)\n </enum>\n <header>\n Purpose of\n\t\t\t\tgrants\n </header>\n <text>\n The Secretary may award a grant under paragraph (1) only\n\t\t\t\tif the eligible agency involved agrees to expend the grant in accordance with\n\t\t\t\tthe provisions of this title.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H85A584EBB9DA4FB698F84D71651049C2\">\n <enum>\n (c)\n </enum>\n <header>\n Allotments\n </header>\n <paragraph id=\"HC5A24B25BBD147E98EDE7CAA8975F09A\">\n <enum>\n (1)\n </enum>\n <header>\n Initial\n\t\t\t\tallotments\n </header>\n <text>\n From the sums appropriated under section 205 and not\n\t\t\t\treserved under subsection (a) for a fiscal year, the Secretary shall allot to\n\t\t\t\teach eligible agency having a State plan approved under section 224—\n </text>\n <subparagraph id=\"H94D06F4F6730430CB3BABAE6CFBF36F5\">\n <enum>\n (A)\n </enum>\n <text>\n $100,000, in the\n\t\t\t\tcase of an eligible agency serving an outlying area; and\n </text>\n </subparagraph>\n <subparagraph id=\"H6175E35EBC514C6F9A56B61A97DAA997\">\n <enum>\n (B)\n </enum>\n <text>\n $250,000, in the\n\t\t\t\tcase of any other eligible agency.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HA219918859384A2FB3A23A69268AE46E\">\n <enum>\n (2)\n </enum>\n <header>\n Additional\n\t\t\t\tallotments\n </header>\n <text>\n From the sums appropriated under section 205, not\n\t\t\t\treserved under subsection (a), and not allotted under paragraph (1), for a\n\t\t\t\tfiscal year, the Secretary shall allot to each eligible agency that receives an\n\t\t\t\tinitial allotment under paragraph (1) an additional amount that bears the same\n\t\t\t\trelationship to such sums as the number of qualifying adults in the State or\n\t\t\t\toutlying area served by the eligible agency bears to the number of such adults\n\t\t\t\tin all States and outlying areas.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H5D7B473178F146E5A508905C7CEA742F\">\n <enum>\n (d)\n </enum>\n <header>\n Qualifying\n\t\t\t\tadult\n </header>\n <text>\n For the purpose of subsection (c)(2), the term\n <term>\n qualifying adult\n </term>\n means an adult who—\n </text>\n <paragraph id=\"HD0748A17420A412C8FD75A3709039A56\">\n <enum>\n (1)\n </enum>\n <text>\n is at least 16\n\t\t\t\tyears of age;\n </text>\n </paragraph>\n <paragraph id=\"HEC73D9FF3D1647B5BBE4535F6673D16A\">\n <enum>\n (2)\n </enum>\n <text>\n is beyond the age\n\t\t\t\tof compulsory school attendance under the law of the State or outlying\n\t\t\t\tarea;\n </text>\n </paragraph>\n <paragraph id=\"H874ACEACD6164A4BBAE53990A306B882\">\n <enum>\n (3)\n </enum>\n <text>\n does not have a\n\t\t\t\tsecondary school diploma or its recognized equivalent; and\n </text>\n </paragraph>\n <paragraph id=\"H3A5DA20AD11B4732A8A02F6E26BB0CCE\">\n <enum>\n (4)\n </enum>\n <text>\n is not enrolled in\n\t\t\t\tsecondary school.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H294E560BF9F54BDF839821E6D56FBD31\">\n <enum>\n (e)\n </enum>\n <header>\n Special\n\t\t\t\trule\n </header>\n <paragraph id=\"HA10149BF8B8440E9803E4A23476046B9\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n From amounts made available under subsection (c) for the\n\t\t\t\tRepublic of Palau, the Secretary shall award grants to Guam, American Samoa,\n\t\t\t\tthe Commonwealth of the Northern Mariana Islands, or the Republic of Palau to\n\t\t\t\tcarry out activities described in this title in accordance with the provisions\n\t\t\t\tof this title as determined by the Secretary.\n </text>\n </paragraph>\n <paragraph id=\"H61D2787D7092443297ABE4C88C426214\">\n <enum>\n (2)\n </enum>\n <header>\n Termination of\n\t\t\t\teligibility\n </header>\n <text>\n Notwithstanding any other provision of law, the\n\t\t\t\tRepublic of Palau shall be eligible to receive a grant under this title until\n\t\t\t\tan agreement for the extension of United States education assistance under the\n\t\t\t\tCompact of Free Association for the Republic of Palau becomes effective.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H69EE654719984F5799737324BCFABD62\">\n <enum>\n (f)\n </enum>\n <header>\n Hold-Harmless\n\t\t\t\tprovisions\n </header>\n <paragraph id=\"H2ED4292500424203A37A8E3653B3A169\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n Notwithstanding subsection (c) and subject to paragraph\n\t\t\t\t(2), for—\n </text>\n <subparagraph id=\"H2D786E17FED843668D0A52AB13A42EF7\">\n <enum>\n (A)\n </enum>\n <text>\n fiscal year 2014,\n\t\t\t\tno eligible agency shall receive an allotment under this title that is less\n\t\t\t\tthan 90 percent of the allotment the eligible agency received for fiscal year\n\t\t\t\t2012 under this title; and\n </text>\n </subparagraph>\n <subparagraph id=\"H22F873B21C854C8FB2580579FDC96E5E\">\n <enum>\n (B)\n </enum>\n <text>\n fiscal year 2015\n\t\t\t\tand each succeeding fiscal year, no eligible agency shall receive an allotment\n\t\t\t\tunder this title that is less than 90 percent of the allotment the eligible\n\t\t\t\tagency received for the preceding fiscal year under this title.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H94B3E65EEC6F417B9CD9E54E70B43D92\">\n <enum>\n (2)\n </enum>\n <header>\n Ratable\n\t\t\t\treduction\n </header>\n <text>\n If, for any fiscal year the amount available for\n\t\t\t\tallotment under this title is insufficient to satisfy the provisions of\n\t\t\t\tparagraph (1), the Secretary shall ratable reduce the payments to all eligible\n\t\t\t\tagencies, as necessary.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H0B9F9F7E1D364A31B5AA9365DB6E2DA9\">\n <enum>\n (g)\n </enum>\n <header>\n Reallotment\n </header>\n <text>\n The\n\t\t\t\tportion of any eligible agency’s allotment under this title for a fiscal year\n\t\t\t\tthat the Secretary determines will not be required for the period such\n\t\t\t\tallotment is available for carrying out activities under this title, shall be\n\t\t\t\tavailable for reallotment from time to time, on such dates during such period\n\t\t\t\tas the Secretary shall fix, to other eligible agencies in proportion to the\n\t\t\t\toriginal allotments to such agencies under this title for such year.\n </text>\n </subsection>\n </section>\n <section id=\"H91C922CA809943A4ABC7322D8A95AA8D\">\n <enum>\n 212.\n </enum>\n <header>\n Performance\n\t\t\t\taccountability system\n </header>\n <text display-inline=\"no-display-inline\">\n Programs\n\t\t\t\tand activities authorized under this title are subject to the performance\n\t\t\t\taccountability provisions described in paragraph (2)(A) and (3) of section\n\t\t\t\t136(b) and may, at a State’s discretion, include additional indicators\n\t\t\t\tidentified in the State plan approved under section 224.\n </text>\n </section>\n </subtitle>\n <subtitle id=\"H55C662BE2F9C4515978F2DAC6FF00DA4\">\n <enum>\n B\n </enum>\n <header>\n State\n\t\t\t\tProvisions\n </header>\n <section id=\"H69C9BD5A9EC94E839CA07F065780D33F\">\n <enum>\n 221.\n </enum>\n <header>\n State\n\t\t\t\tadministration\n </header>\n <text display-inline=\"no-display-inline\">\n Each eligible\n\t\t\t\tagency shall be responsible for the following activities under this\n\t\t\t\ttitle:\n </text>\n <paragraph id=\"HA8596A3FD3FD490AB283C77A35C4DA17\">\n <enum>\n (1)\n </enum>\n <text>\n The development,\n\t\t\t\tsubmission, implementation, and monitoring of the State plan.\n </text>\n </paragraph>\n <paragraph id=\"HD7AC06B519654C2F8CB780E079EC7EF9\">\n <enum>\n (2)\n </enum>\n <text>\n Consultation with\n\t\t\t\tother appropriate agencies, groups, and individuals that are involved in, or\n\t\t\t\tinterested in, the development and implementation of activities assisted under\n\t\t\t\tthis title.\n </text>\n </paragraph>\n <paragraph id=\"H5013379E423448A3BBF9BE912919F77A\">\n <enum>\n (3)\n </enum>\n <text>\n Coordination and\n\t\t\t\tavoidance of duplication with other Federal and State education, training,\n\t\t\t\tcorrections, public housing, and social service programs.\n </text>\n </paragraph>\n </section>\n <section id=\"H15588318BBE0496BA8DFD3AD04B30B04\">\n <enum>\n 222.\n </enum>\n <header>\n State\n\t\t\t\tdistribution of funds; matching requirement\n </header>\n <subsection id=\"H842BF421BD644C02849ACAFDB26E6BF7\">\n <enum>\n (a)\n </enum>\n <header>\n State\n\t\t\t\tdistribution of funds\n </header>\n <text>\n Each eligible agency receiving a grant\n\t\t\t\tunder this title for a fiscal year—\n </text>\n <paragraph id=\"H68ECC1ACC33A4659AE245D3AB850E47D\">\n <enum>\n (1)\n </enum>\n <text>\n shall use an\n\t\t\t\tamount not less than 82.5 percent of the grant funds to award grants and\n\t\t\t\tcontracts under section 231 and to carry out section 225, of which not more\n\t\t\t\tthan 10 percent of such amount shall be available to carry out section\n\t\t\t\t225;\n </text>\n </paragraph>\n <paragraph id=\"H213F966F09ED47E1BB8FF0F1AEF82ED1\">\n <enum>\n (2)\n </enum>\n <text>\n shall use not more\n\t\t\t\tthan 12.5 percent of the grant funds to carry out State leadership activities\n\t\t\t\tunder section 223; and\n </text>\n </paragraph>\n <paragraph id=\"H2EC2B0E522D34BAB904FBF43F6C41F9A\">\n <enum>\n (3)\n </enum>\n <text>\n shall use not more\n\t\t\t\tthan 5 percent of the grant funds, or $65,000, whichever is greater, for the\n\t\t\t\tadministrative expenses of the eligible agency.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H36BC7DE82DE244F58E7F8471424AAFDA\">\n <enum>\n (b)\n </enum>\n <header>\n Matching\n\t\t\t\trequirement\n </header>\n <paragraph id=\"H711C1308A0D24009BDE3F2D50C2FFA6A\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n In order to receive a grant from the Secretary under\n\t\t\t\tsection 211(b), each eligible agency shall provide, for the costs to be\n\t\t\t\tincurred by the eligible agency in carrying out the adult education and family\n\t\t\t\tliteracy education programs for which the grant is awarded, a non-Federal\n\t\t\t\tcontribution in an amount that is not less than—\n </text>\n <subparagraph id=\"H8B1E50BC25234BF09F6BE1DA13C6DD48\">\n <enum>\n (A)\n </enum>\n <text>\n in the case of an\n\t\t\t\teligible agency serving an outlying area, 12 percent of the total amount of\n\t\t\t\tfunds expended for adult education and family literacy education programs in\n\t\t\t\tthe outlying area, except that the Secretary may decrease the amount of funds\n\t\t\t\trequired under this subparagraph for an eligible agency; and\n </text>\n </subparagraph>\n <subparagraph id=\"H59AF2175CEB94208B0448876A8378EFB\">\n <enum>\n (B)\n </enum>\n <text>\n in the case of an\n\t\t\t\teligible agency serving a State, 25 percent of the total amount of funds\n\t\t\t\texpended for adult education and family literacy education programs in the\n\t\t\t\tState.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H929D57E2145B45B3BB914D0E6980F9AB\">\n <enum>\n (2)\n </enum>\n <header>\n Non-federal\n\t\t\t\tcontribution\n </header>\n <text>\n An eligible agency’s non-Federal contribution\n\t\t\t\trequired under paragraph (1) may be provided in cash or in kind, fairly\n\t\t\t\tevaluated, and shall include only non-Federal funds that are used for adult\n\t\t\t\teducation and family literacy education programs in a manner that is consistent\n\t\t\t\twith the purpose of this title.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"HAFEF943589E84C2E82BF4EA752540DB6\">\n <enum>\n 223.\n </enum>\n <header>\n State\n\t\t\t\tleadership activities\n </header>\n <subsection id=\"H7D55693E65A140DB8F1FE4CC97539361\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n Each eligible agency may use funds made available under\n\t\t\t\tsection 222(a)(2) for any of the following adult education and family literacy\n\t\t\t\teducation programs:\n </text>\n <paragraph id=\"H67A80A307E2A4BC0B2AD41F08D606C6A\">\n <enum>\n (1)\n </enum>\n <text>\n The establishment\n\t\t\t\tor operation of professional development programs to improve the quality of\n\t\t\t\tinstruction provided pursuant to local activities required under section\n\t\t\t\t231(b).\n </text>\n </paragraph>\n <paragraph id=\"H3523C6E91E3E4392BC41D4CACB1A21C0\">\n <enum>\n (2)\n </enum>\n <text>\n The provision of\n\t\t\t\ttechnical assistance to eligible providers of adult education and family\n\t\t\t\tliteracy education programs, including for the development and dissemination of\n\t\t\t\tevidence based research instructional practices in reading, writing, speaking,\n\t\t\t\tmath, and English language acquisition programs.\n </text>\n </paragraph>\n <paragraph id=\"H2F855BF3394144C6AD92C6E973870865\">\n <enum>\n (3)\n </enum>\n <text>\n The provision of\n\t\t\t\tassistance to eligible providers in developing, implementing, and reporting\n\t\t\t\tmeasurable progress in achieving the objectives of this title.\n </text>\n </paragraph>\n <paragraph id=\"H106F052B4EDD4A2CA658AF46718308D9\">\n <enum>\n (4)\n </enum>\n <text>\n The monitoring and\n\t\t\t\tevaluation of the quality of, and the improvement in, adult education and\n\t\t\t\tliteracy activities.\n </text>\n </paragraph>\n <paragraph id=\"H4CD2B28ADAA847BFAECBEBCAF4E287FD\">\n <enum>\n (5)\n </enum>\n <text>\n The provision of\n\t\t\t\ttechnology assistance, including staff training, to eligible providers of adult\n\t\t\t\teducation and family literacy education programs, including distance education\n\t\t\t\tactivities, to enable the eligible providers to improve the quality of such\n\t\t\t\tactivities.\n </text>\n </paragraph>\n <paragraph id=\"H8A05912E961F4D7EA39556248A0B3CBB\">\n <enum>\n (6)\n </enum>\n <text>\n The development\n\t\t\t\tand implementation of technology applications or distance education, including\n\t\t\t\tprofessional development to support the use of instructional technology.\n </text>\n </paragraph>\n <paragraph id=\"HC567CA1BC41C443798CA209EF903CBE9\">\n <enum>\n (7)\n </enum>\n <text>\n Coordination with\n\t\t\t\tother public programs, including programs under title I of this Act, and other\n\t\t\t\twelfare-to-work, workforce development, and job training programs.\n </text>\n </paragraph>\n <paragraph id=\"H36E82C090CD94D56ACD23CAB68100E5D\">\n <enum>\n (8)\n </enum>\n <text>\n Coordination with\n\t\t\t\texisting support services, such as transportation, child care, and other\n\t\t\t\tassistance designed to increase rates of enrollment in, and successful\n\t\t\t\tcompletion of, adult education and family literacy education programs, for\n\t\t\t\tadults enrolled in such activities.\n </text>\n </paragraph>\n <paragraph id=\"H35E02F7FF05F4163A719556950FA991F\">\n <enum>\n (9)\n </enum>\n <text>\n The development\n\t\t\t\tand implementation of a system to assist in the transition from adult basic\n\t\t\t\teducation to postsecondary education.\n </text>\n </paragraph>\n <paragraph id=\"H543400EFA97449EA93F1547C31FEDA72\">\n <enum>\n (10)\n </enum>\n <text>\n Activities to\n\t\t\t\tpromote workplace literacy programs.\n </text>\n </paragraph>\n <paragraph id=\"HCFAC4390000142E686A09980D5EFFE0C\">\n <enum>\n (11)\n </enum>\n <text>\n Other activities\n\t\t\t\tof statewide significance, including assisting eligible providers in achieving\n\t\t\t\tprogress in improving the skill levels of adults who participate in programs\n\t\t\t\tunder this title.\n </text>\n </paragraph>\n <paragraph id=\"HACE30DE2570A4ABA84F7AA8764CB4C77\">\n <enum>\n (12)\n </enum>\n <text>\n Integration of\n\t\t\t\tliteracy, instructional, and occupational skill training and promotion of\n\t\t\t\tlinkages with employees.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H632A101341DD422281F6A4FFB573847E\">\n <enum>\n (b)\n </enum>\n <header>\n Coordination\n </header>\n <text>\n In\n\t\t\t\tcarrying out this section, eligible agencies shall coordinate where possible,\n\t\t\t\tand avoid duplicating efforts, in order to maximize the impact of the\n\t\t\t\tactivities described in subsection (a).\n </text>\n </subsection>\n <subsection id=\"H73677CE09DF94FE9BE79D610A2BD479F\">\n <enum>\n (c)\n </enum>\n <header>\n State-Imposed\n\t\t\t\trequirements\n </header>\n <text>\n Whenever a State or outlying area implements any\n\t\t\t\trule or policy relating to the administration or operation of a program\n\t\t\t\tauthorized under this title that has the effect of imposing a requirement that\n\t\t\t\tis not imposed under Federal law (including any rule or policy based on a State\n\t\t\t\tor outlying area interpretation of a Federal statute, regulation, or\n\t\t\t\tguideline), the State or outlying area shall identify, to eligible providers,\n\t\t\t\tthe rule or policy as being imposed by the State or outlying area.\n </text>\n </subsection>\n </section>\n <section id=\"H65A9F2678276485F973B8858A6D750BD\">\n <enum>\n 224.\n </enum>\n <header>\n State\n\t\t\t\tplan\n </header>\n <subsection id=\"HE6343ECD3993457BB0AFC50EB35A549D\">\n <enum>\n (a)\n </enum>\n <header>\n 3-Year\n\t\t\t\tplans\n </header>\n <paragraph id=\"HC8D8C54F9DE643E387F08E8520D27F94\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n Each eligible agency desiring a grant under this title\n\t\t\t\tfor any fiscal year shall submit to, or have on file with, the Secretary a\n\t\t\t\t3-year State plan.\n </text>\n </paragraph>\n <paragraph id=\"H7349815ACB184D0F980D7D5FCC9CE87F\">\n <enum>\n (2)\n </enum>\n <header>\n State unified\n\t\t\t\tplan\n </header>\n <text>\n The eligible agency may submit the State plan as part of a\n\t\t\t\tState unified plan described in section 501.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HF969D2BE7B8F4D06A7D4119038B22792\">\n <enum>\n (b)\n </enum>\n <header>\n Plan\n\t\t\t\tcontents\n </header>\n <text>\n The eligible agency shall include in the State plan or\n\t\t\t\tany revisions to the State plan—\n </text>\n <paragraph id=\"H7A8C05E297E4447EB0CCE290E394DDAB\">\n <enum>\n (1)\n </enum>\n <text>\n an objective\n\t\t\t\tassessment of the needs of individuals in the State or outlying area for adult\n\t\t\t\teducation and family literacy education programs, including individuals most in\n\t\t\t\tneed or hardest to serve;\n </text>\n </paragraph>\n <paragraph id=\"H3C5AE1CE8CFF41F3A81684B0AE189D04\">\n <enum>\n (2)\n </enum>\n <text>\n a description of\n\t\t\t\tthe adult education and family literacy education programs that will be carried\n\t\t\t\tout with funds received under this title;\n </text>\n </paragraph>\n <paragraph id=\"H6288A1D2233E4692BADC82F43C286E3D\">\n <enum>\n (3)\n </enum>\n <text>\n an assurance that\n\t\t\t\tthe funds received under this title will not be expended for any purpose other\n\t\t\t\tthan for activities under this title;\n </text>\n </paragraph>\n <paragraph id=\"HF2DF356828F54EBE9375F6FDCB62E644\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n a description of how the eligible agency\n\t\t\t\twill annually evaluate and measure the effectiveness and improvement of the\n\t\t\t\tadult education and family literacy education programs funded under this title\n\t\t\t\tusing the indicators of performance described in section 136, including how the\n\t\t\t\teligible agency will conduct such annual evaluations and measures for each\n\t\t\t\tgrant received under this title;\n </text>\n </paragraph>\n <paragraph id=\"H2A06A0F93BBC49BEAF3CA0B7D64617CB\">\n <enum>\n (5)\n </enum>\n <text>\n a description of\n\t\t\t\thow the eligible agency will fund local activities in accordance with the\n\t\t\t\tmeasurable goals described in section 231(d);\n </text>\n </paragraph>\n <paragraph id=\"HB982388CF5234E98A0E61471DB9641B6\">\n <enum>\n (6)\n </enum>\n <text>\n an assurance that\n\t\t\t\tthe eligible agency will expend the funds under this title only in a manner\n\t\t\t\tconsistent with fiscal requirements in section 241;\n </text>\n </paragraph>\n <paragraph id=\"H6436361ABFD64DFBBBB070E7764715F0\">\n <enum>\n (7)\n </enum>\n <text>\n a description of\n\t\t\t\tthe process that will be used for public participation and comment with respect\n\t\t\t\tto the State plan, which—\n </text>\n <subparagraph id=\"H7995D2CAADCC4E47BD2E452AB7DE5F5B\">\n <enum>\n (A)\n </enum>\n <text>\n shall include\n\t\t\t\tconsultation with the State workforce investment board, the State board\n\t\t\t\tresponsible for administering community or technical colleges, the Governor,\n\t\t\t\tthe State educational agency, the State board or agency responsible for\n\t\t\t\tadministering block grants for temporary assistance to needy families under\n\t\t\t\ttitle IV of the Social Security Act, the State council on disabilities, the\n\t\t\t\tState vocational rehabilitation agency, and other State agencies that promote\n\t\t\t\tthe improvement of adult education and family literacy education programs, and\n\t\t\t\tdirect providers of such programs; and\n </text>\n </subparagraph>\n <subparagraph id=\"H960CB619ADBF419FA380B4B9014D256D\">\n <enum>\n (B)\n </enum>\n <text>\n may include\n\t\t\t\tconsultation with the State agency on higher education, institutions\n\t\t\t\tresponsible for professional development of adult education and family literacy\n\t\t\t\teducation programs instructors, representatives of business and industry,\n\t\t\t\trefugee assistance programs, and faith-based organizations;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H1FF1564F7763447290D33703792F54F2\">\n <enum>\n (8)\n </enum>\n <text>\n a description of\n\t\t\t\tthe eligible agency’s strategies for serving populations that include, at a\n\t\t\t\tminimum—\n </text>\n <subparagraph id=\"H0A873E7682894956A6F4B3DCE02083B3\">\n <enum>\n (A)\n </enum>\n <text>\n low-income\n\t\t\t\tindividuals;\n </text>\n </subparagraph>\n <subparagraph id=\"H1D2A1757887240E4B1A18BFEB2B7F44A\">\n <enum>\n (B)\n </enum>\n <text>\n individuals with\n\t\t\t\tdisabilities;\n </text>\n </subparagraph>\n <subparagraph id=\"HB574E14753B94644873E88B1DA93AF26\">\n <enum>\n (C)\n </enum>\n <text>\n the\n\t\t\t\tunemployed;\n </text>\n </subparagraph>\n <subparagraph id=\"HA0F49CF188A74677B081AE2EC644E804\">\n <enum>\n (D)\n </enum>\n <text>\n the underemployed;\n\t\t\t\tand\n </text>\n </subparagraph>\n <subparagraph id=\"H60F169A177EE4502AC95B8E82F75B76D\">\n <enum>\n (E)\n </enum>\n <text>\n individuals with\n\t\t\t\tmultiple barriers to educational enhancement, including English\n\t\t\t\tlearners;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HE9E44AAF23994A65BB43026B91CE5AFE\">\n <enum>\n (9)\n </enum>\n <text>\n a description of\n\t\t\t\thow the adult education and family literacy education programs that will be\n\t\t\t\tcarried out with any funds received under this title will be integrated with\n\t\t\t\tother adult education, career development, and employment and training\n\t\t\t\tactivities in the State or outlying area served by the eligible agency;\n </text>\n </paragraph>\n <paragraph id=\"H6C44EC88B1BD4A69B86097236559446A\">\n <enum>\n (10)\n </enum>\n <text>\n a description of\n\t\t\t\tthe steps the eligible agency will take to ensure direct and equitable access,\n\t\t\t\tas required in section 231(c)(1), including—\n </text>\n <subparagraph id=\"HD52793169C0F4E5AAD45347CA4B64E12\">\n <enum>\n (A)\n </enum>\n <text>\n how the State will\n\t\t\t\tbuild the capacity of community-based and faith-based organizations to provide\n\t\t\t\tadult education and family literacy education programs; and\n </text>\n </subparagraph>\n <subparagraph id=\"HE99B0559CA3F4B889C18CEF6ACA54F6E\">\n <enum>\n (B)\n </enum>\n <text>\n how the State will\n\t\t\t\tincrease the participation of business and industry in adult education and\n\t\t\t\tfamily literacy education programs;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H1751376A0F0E480CAA6050B141B3ED4D\">\n <enum>\n (11)\n </enum>\n <text>\n an assessment of\n\t\t\t\tthe adequacy of the system of the State or outlying area to ensure teacher\n\t\t\t\tquality and a description of how the State or outlying area will use funds\n\t\t\t\treceived under this subtitle to improve teacher quality, including\n\t\t\t\tevidence-based professional development to improve instruction; and\n </text>\n </paragraph>\n <paragraph id=\"HF7924B0DED0A44AFA844D5E3118D6AD9\">\n <enum>\n (12)\n </enum>\n <text>\n a description of\n\t\t\t\thow the eligible agency will consult with any State agency responsible for\n\t\t\t\tpostsecondary education to develop adult education that prepares students to\n\t\t\t\tenter postsecondary education without the need for remediation upon completion\n\t\t\t\tof secondary school equivalency programs.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H3E3AACFCD4BC40059CB6D77DEAB17329\">\n <enum>\n (c)\n </enum>\n <header>\n Plan\n\t\t\t\trevisions\n </header>\n <text>\n When changes in conditions or other factors require\n\t\t\t\tsubstantial revisions to an approved State plan, the eligible agency shall\n\t\t\t\tsubmit the revisions of the State plan to the Secretary.\n </text>\n </subsection>\n <subsection id=\"HAB28615BA1624A3DB5C50D167CA94840\">\n <enum>\n (d)\n </enum>\n <header>\n Consultation\n </header>\n <text>\n The\n\t\t\t\teligible agency shall—\n </text>\n <paragraph id=\"H2B54D25CF50F4FE6BFB745638C538884\">\n <enum>\n (1)\n </enum>\n <text>\n submit the State\n\t\t\t\tplan, and any revisions to the State plan, to the Governor, the chief State\n\t\t\t\tschool officer, or the State officer responsible for administering community or\n\t\t\t\ttechnical colleges, or outlying area for review and comment; and\n </text>\n </paragraph>\n <paragraph id=\"HEA735CCD7C15470EB070BEF4BAAAAE7A\">\n <enum>\n (2)\n </enum>\n <text>\n ensure that any\n\t\t\t\tcomments regarding the State plan by the Governor, the chief State school\n\t\t\t\tofficer, or the State officer responsible for administering community or\n\t\t\t\ttechnical colleges, and any revision to the State plan, are submitted to the\n\t\t\t\tSecretary.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H9470439A7A224093A8B4CF43BC628D4C\">\n <enum>\n (e)\n </enum>\n <header>\n Plan\n\t\t\t\tapproval\n </header>\n <text>\n The Secretary shall—\n </text>\n <paragraph id=\"HE8AE994C9DAE45D6A87FC9258FBE12A0\">\n <enum>\n (1)\n </enum>\n <text>\n approve a State\n\t\t\t\tplan within 90 days after receiving the plan unless the Secretary makes a\n\t\t\t\twritten determination within 30 days after receiving the plan that the plan\n\t\t\t\tdoes not meet the requirements of this section or is inconsistent with specific\n\t\t\t\tprovisions of this subtitle; and\n </text>\n </paragraph>\n <paragraph id=\"H90447C1064064C7C8DC0FF210631425B\">\n <enum>\n (2)\n </enum>\n <text>\n not finally\n\t\t\t\tdisapprove of a State plan before offering the eligible agency the opportunity,\n\t\t\t\tprior to the expiration of the 30-day period beginning on the date on which the\n\t\t\t\teligible agency received the written determination described in paragraph (3),\n\t\t\t\tto review the plan and providing technical assistance in order to assist the\n\t\t\t\teligible agency in meeting the requirements of this subtitle.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H998DFC353D42410A9874DFF1E776BCB9\">\n <enum>\n 225.\n </enum>\n <header>\n Programs for\n\t\t\t\tcorrections education and other institutionalized individuals\n </header>\n <subsection id=\"H856EDD4D3C344C1BAE1BA771E3E26749\">\n <enum>\n (a)\n </enum>\n <header>\n Program\n\t\t\t\tauthorized\n </header>\n <text>\n From funds made available under section 222(a)(1) for\n\t\t\t\ta fiscal year, each eligible agency shall carry out corrections education and\n\t\t\t\teducation for other institutionalized individuals.\n </text>\n </subsection>\n <subsection id=\"HC8FF6EFEC80942129C76C4B5399394B0\">\n <enum>\n (b)\n </enum>\n <header>\n Uses of\n\t\t\t\tfunds\n </header>\n <text>\n The funds described in subsection (a) shall be used for the\n\t\t\t\tcost of educational programs for criminal offenders in correctional\n\t\t\t\tinstitutions and for other institutionalized individuals, including academic\n\t\t\t\tprograms for—\n </text>\n <paragraph id=\"H44DA9BAAD4DD420A8AF1307B0BB49A1D\">\n <enum>\n (1)\n </enum>\n <text>\n basic skills\n\t\t\t\teducation;\n </text>\n </paragraph>\n <paragraph id=\"H9B76C42B22504529ADC39509F56CB1F2\">\n <enum>\n (2)\n </enum>\n <text>\n special education\n\t\t\t\tprograms as determined by the eligible agency;\n </text>\n </paragraph>\n <paragraph id=\"H0A28CF7D75F2413F9621DC7F20BB16D0\">\n <enum>\n (3)\n </enum>\n <text>\n reading, writing,\n\t\t\t\tspeaking, and math programs;\n </text>\n </paragraph>\n <paragraph id=\"HA99E61463A79449D9FE7870315D7B0C2\">\n <enum>\n (4)\n </enum>\n <text>\n secondary school\n\t\t\t\tcredit or diploma programs or their recognized equivalent; and\n </text>\n </paragraph>\n <paragraph id=\"H6B5CDEC9B37E4129B92D50CE9DC13017\">\n <enum>\n (5)\n </enum>\n <text>\n integrated\n\t\t\t\teducation and training.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HAF5BBEC415EA4D138CB0124701B5345F\">\n <enum>\n (c)\n </enum>\n <header>\n Priority\n </header>\n <text>\n Each\n\t\t\t\teligible agency that is using assistance provided under this section to carry\n\t\t\t\tout a program for criminal offenders within a correctional institution shall\n\t\t\t\tgive priority to serving individuals who are likely to leave the correctional\n\t\t\t\tinstitution within 5 years of participation in the program.\n </text>\n </subsection>\n <subsection id=\"H560F7B579C8A47E1BF9E4C9589396FC1\">\n <enum>\n (d)\n </enum>\n <header>\n Definitions\n </header>\n <text>\n For\n\t\t\t\tpurposes of this section:\n </text>\n <paragraph id=\"HD48DFEC3A48948E2B3CDA4C0743B7562\">\n <enum>\n (1)\n </enum>\n <header>\n Correctional\n\t\t\t\tinstitution\n </header>\n <text>\n The term\n <term>\n correctional institution\n </term>\n means\n\t\t\t\tany—\n </text>\n <subparagraph id=\"HBB8BDA3741304758B51897611BCF975D\">\n <enum>\n (A)\n </enum>\n <text>\n prison;\n </text>\n </subparagraph>\n <subparagraph id=\"H49E34C01C07D4F54B6FB4FF7F494447C\">\n <enum>\n (B)\n </enum>\n <text>\n jail;\n </text>\n </subparagraph>\n <subparagraph id=\"H68974E7C45C149AAB75D88620A1752B5\">\n <enum>\n (C)\n </enum>\n <text>\n reformatory;\n </text>\n </subparagraph>\n <subparagraph id=\"HD696A552963740FDBC20E333DDEA6012\">\n <enum>\n (D)\n </enum>\n <text>\n work farm;\n </text>\n </subparagraph>\n <subparagraph id=\"H85BBE8CECABA4F0AB475C86D19EFDB7F\">\n <enum>\n (E)\n </enum>\n <text>\n detention center;\n\t\t\t\tor\n </text>\n </subparagraph>\n <subparagraph id=\"HBF86E93CD268458793E53A1F4535E541\">\n <enum>\n (F)\n </enum>\n <text>\n halfway house,\n\t\t\t\tcommunity-based rehabilitation center, or any other similar institution\n\t\t\t\tdesigned for the confinement or rehabilitation of criminal offenders.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HF4932D0EF70741D1B5F719662D00A57F\">\n <enum>\n (2)\n </enum>\n <header>\n Criminal\n\t\t\t\toffender\n </header>\n <text>\n The term\n <term>\n criminal offender\n </term>\n means any\n\t\t\t\tindividual who is charged with, or convicted of, any criminal offense.\n </text>\n </paragraph>\n </subsection>\n </section>\n </subtitle>\n <subtitle id=\"HCD51D73124174B649F07072E98963900\">\n <enum>\n C\n </enum>\n <header>\n Local\n\t\t\t\tProvisions\n </header>\n <section id=\"H583831F4459145338664754E3FFE8FDE\">\n <enum>\n 231.\n </enum>\n <header>\n Grants and\n\t\t\t\tcontracts for eligible providers\n </header>\n <subsection id=\"H1193E2BBE26841679626C6FBD0058E7C\">\n <enum>\n (a)\n </enum>\n <header>\n Grants and\n\t\t\t\tcontracts\n </header>\n <text>\n From grant funds made available under section\n\t\t\t\t222(a)(1), each eligible agency shall award multi-year grants or contracts, on\n\t\t\t\ta competitive basis, to eligible providers within the State or outlying area\n\t\t\t\tthat meet the conditions and requirements of this title to enable the eligible\n\t\t\t\tproviders to develop, implement, and improve adult education and family\n\t\t\t\tliteracy education programs within the State.\n </text>\n </subsection>\n <subsection id=\"H39729EA28A7948A2A0653C3E4070486B\">\n <enum>\n (b)\n </enum>\n <header>\n Local\n\t\t\t\tactivities\n </header>\n <text>\n The eligible agency shall require eligible providers\n\t\t\t\treceiving a grant or contract under subsection (a) to establish or\n\t\t\t\toperate—\n </text>\n <paragraph id=\"H666607AFE9A74B868506A3F38E96FFB6\">\n <enum>\n (1)\n </enum>\n <text>\n programs that\n\t\t\t\tprovide adult education and literacy activities;\n </text>\n </paragraph>\n <paragraph id=\"H19963EF45F674CCE81A76495DF567732\">\n <enum>\n (2)\n </enum>\n <text>\n programs that\n\t\t\t\tprovide integrated employment and training activities; or\n </text>\n </paragraph>\n <paragraph id=\"HE43C11557B7D4FC78192737973D825F2\">\n <enum>\n (3)\n </enum>\n <text>\n credit-bearing\n\t\t\t\tpostsecondary coursework.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HB04E246C4EDC432A9D9C5EF31C548B3E\">\n <enum>\n (c)\n </enum>\n <header>\n Direct and\n\t\t\t\tequitable access; same process\n </header>\n <text>\n Each eligible agency receiving\n\t\t\t\tfunds under this title shall ensure that—\n </text>\n <paragraph id=\"H42F7DA9E5FA0402FA89F7A57A63D9612\">\n <enum>\n (1)\n </enum>\n <text>\n all eligible\n\t\t\t\tproviders have direct and equitable access to apply for grants or contracts\n\t\t\t\tunder this section; and\n </text>\n </paragraph>\n <paragraph id=\"HBE604E3A44F54C11A7255658B5CDEBFC\">\n <enum>\n (2)\n </enum>\n <text>\n the same grant or\n\t\t\t\tcontract announcement process and application process is used for all eligible\n\t\t\t\tproviders in the State or outlying area.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HF53181F0921D40578615741849134D69\">\n <enum>\n (d)\n </enum>\n <header>\n Measurable\n\t\t\t\tgoals\n </header>\n <text>\n The eligible agency shall require eligible providers\n\t\t\t\treceiving a grant or contract under subsection (a) to demonstrate—\n </text>\n <paragraph id=\"HBB4D321B3987480B852808CD232EC417\">\n <enum>\n (1)\n </enum>\n <text>\n the eligible\n\t\t\t\tprovider’s measurable goals for participant outcomes to be achieved annually on\n\t\t\t\tthe core indicators of performance described in section 136(b)(2)(A);\n </text>\n </paragraph>\n <paragraph id=\"H8A977A80F4B248CCB0249F984A7EAB3D\">\n <enum>\n (2)\n </enum>\n <text>\n the past\n\t\t\t\teffectiveness of the eligible provider in improving the basic academic skills\n\t\t\t\tof adults and, for eligible providers receiving grants in the prior year, the\n\t\t\t\tsuccess of the eligible provider receiving funding under this title in\n\t\t\t\texceeding its performance goals in the prior year;\n </text>\n </paragraph>\n <paragraph id=\"H02F13BF36C154B2499A01AF2BF767235\">\n <enum>\n (3)\n </enum>\n <text>\n the commitment of\n\t\t\t\tthe eligible provider to serve individuals in the community who are the most in\n\t\t\t\tneed of basic academic skills instruction services, including individuals with\n\t\t\t\tdisabilities and individuals who are low-income or have minimal reading,\n\t\t\t\twriting, speaking, and math skills, or are English learners;\n </text>\n </paragraph>\n <paragraph id=\"HC7BD740F9FF34695A23EC290EC7A3E5E\">\n <enum>\n (4)\n </enum>\n <text>\n the program is of\n\t\t\t\tsufficient intensity and quality for participants to achieve substantial\n\t\t\t\tlearning gains;\n </text>\n </paragraph>\n <paragraph id=\"HCED44CCAAD424605AE8650F12AB22B61\">\n <enum>\n (5)\n </enum>\n <text>\n educational\n\t\t\t\tpractices are evidence-based;\n </text>\n </paragraph>\n <paragraph id=\"H65BD0BA7AE3D4C3B98383CF18E19E8AD\">\n <enum>\n (6)\n </enum>\n <text>\n the activities of\n\t\t\t\tthe eligible provider effectively employ advances in technology, and delivery\n\t\t\t\tsystems including distance education;\n </text>\n </paragraph>\n <paragraph id=\"H0B909BF80AA04323818E6B576E8566D1\">\n <enum>\n (7)\n </enum>\n <text>\n the activities\n\t\t\t\tprovide instruction in real-life contexts, including integrated education and\n\t\t\t\ttraining when appropriate, to ensure that an individual has the skills needed\n\t\t\t\tto compete in the workplace and exercise the rights and responsibilities of\n\t\t\t\tcitizenship;\n </text>\n </paragraph>\n <paragraph id=\"HBB5066709960442E804DDA29771A2B88\">\n <enum>\n (8)\n </enum>\n <text>\n the activities are\n\t\t\t\tstaffed by well-trained instructors, counselors, and administrators who meet\n\t\t\t\tminimum qualifications established by the State;\n </text>\n </paragraph>\n <paragraph id=\"H0E899BA4C53145D09D041180F4361B2A\">\n <enum>\n (9)\n </enum>\n <text>\n the activities are\n\t\t\t\tcoordinated with other available resources in the community, such as through\n\t\t\t\tstrong links with elementary schools and secondary schools, postsecondary\n\t\t\t\teducational institutions, local workforce investment boards, one-stop centers,\n\t\t\t\tjob training programs, community-based and faith-based organizations, and\n\t\t\t\tsocial service agencies;\n </text>\n </paragraph>\n <paragraph id=\"H244F4F27907B4B91864FF6220B04EDFB\">\n <enum>\n (10)\n </enum>\n <text>\n the activities\n\t\t\t\toffer flexible schedules and support services (such as child care and\n\t\t\t\ttransportation) that are necessary to enable individuals, including individuals\n\t\t\t\twith disabilities or other special needs, to attend and complete\n\t\t\t\tprograms;\n </text>\n </paragraph>\n <paragraph id=\"HD51F43C3A0034F35A750A7407793FF41\">\n <enum>\n (11)\n </enum>\n <text>\n the activities\n\t\t\t\tinclude a high-quality information management system that has the capacity to\n\t\t\t\treport measurable participant outcomes (consistent with section 136) and to\n\t\t\t\tmonitor program performance;\n </text>\n </paragraph>\n <paragraph id=\"HB8FBAC89BA0C44C3AF669C5CD661A77D\">\n <enum>\n (12)\n </enum>\n <text>\n the local\n\t\t\t\tcommunities have a demonstrated need for additional English language\n\t\t\t\tacquisition programs, and integrated education and training programs;\n </text>\n </paragraph>\n <paragraph id=\"H07919CCED8714FDBBB6F2DBB56425B96\">\n <enum>\n (13)\n </enum>\n <text>\n the capacity of\n\t\t\t\tthe eligible provider to produce valid information on performance results,\n\t\t\t\tincluding enrollments and measurable participant outcomes;\n </text>\n </paragraph>\n <paragraph id=\"HA54A5C8EEE1642C9ADD02075A5884456\">\n <enum>\n (14)\n </enum>\n <text>\n adult education\n\t\t\t\tand family literacy education programs offer rigorous reading, writing,\n\t\t\t\tspeaking, and math content that are evidence based; and\n </text>\n </paragraph>\n <paragraph id=\"H4E44A2EE33F4407B998EB133E346FD45\">\n <enum>\n (15)\n </enum>\n <text>\n applications of\n\t\t\t\ttechnology, and services to be provided by the eligible providers, are of\n\t\t\t\tsufficient intensity and duration to increase the amount and quality of\n\t\t\t\tlearning and lead to measurable learning gains within specified time\n\t\t\t\tperiods.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HF0B7D172CB994A8E948C8FF8E9C58976\">\n <enum>\n (e)\n </enum>\n <header>\n Special\n\t\t\t\trule\n </header>\n <text>\n Eligible providers may use grant funds under this title to\n\t\t\t\tserve children participating in family literacy programs assisted under this\n\t\t\t\tpart, provided that other sources of funds available to provide similar\n\t\t\t\tservices for such children are used first.\n </text>\n </subsection>\n </section>\n <section id=\"H9DBF9AA99E7E4E798B203326FD90DEFC\">\n <enum>\n 232.\n </enum>\n <header>\n Local\n\t\t\t\tapplication\n </header>\n <text display-inline=\"no-display-inline\">\n Each eligible\n\t\t\t\tprovider desiring a grant or contract under this title shall submit an\n\t\t\t\tapplication to the eligible agency containing such information and assurances\n\t\t\t\tas the eligible agency may require, including—\n </text>\n <paragraph id=\"H9143FAA1C72248628AB6F4402D5816C3\">\n <enum>\n (1)\n </enum>\n <text>\n a description of\n\t\t\t\thow funds awarded under this title will be spent consistent with the\n\t\t\t\trequirements of this title;\n </text>\n </paragraph>\n <paragraph id=\"HB303DE5594EE42799C613F2F3C4C5D0E\">\n <enum>\n (2)\n </enum>\n <text>\n a description of\n\t\t\t\tany cooperative arrangements the eligible provider has with other agencies,\n\t\t\t\tinstitutions, or organizations for the delivery of adult education and family\n\t\t\t\tliteracy education programs; and\n </text>\n </paragraph>\n <paragraph id=\"H3BC70D1BAAEA43C39F03D62933E82DC3\">\n <enum>\n (3)\n </enum>\n <text>\n each of the\n\t\t\t\tdemonstrations required by section 231(d).\n </text>\n </paragraph>\n </section>\n <section id=\"H96235B7033B64988BD1E9B15DE5B251F\">\n <enum>\n 233.\n </enum>\n <header>\n Local\n\t\t\t\tadministrative cost limits\n </header>\n <subsection id=\"HCB3545C6F038440EBFFFA1C271AA21F0\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n Subject to subsection (b), of the amount that is made\n\t\t\t\tavailable under this title to an eligible provider—\n </text>\n <paragraph id=\"H127C2F75EE41456A9CCCFFB03AE90853\">\n <enum>\n (1)\n </enum>\n <text>\n at least 95\n\t\t\t\tpercent shall be expended for carrying out adult education and family literacy\n\t\t\t\teducation programs; and\n </text>\n </paragraph>\n <paragraph id=\"HBF7298D0A100432C97BA339BD4222FB3\">\n <enum>\n (2)\n </enum>\n <text>\n the remaining\n\t\t\t\tamount shall be used for planning, administration, personnel and professional\n\t\t\t\tdevelopment, development of measurable goals in reading, writing, speaking, and\n\t\t\t\tmath, and interagency coordination.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H2F35CEC4874A4A989B986ED4239853D0\">\n <enum>\n (b)\n </enum>\n <header>\n Special\n\t\t\t\trule\n </header>\n <text>\n In cases where the cost limits described in subsection (a)\n\t\t\t\tare too restrictive to allow for adequate planning, administration, personnel\n\t\t\t\tdevelopment, and interagency coordination, the eligible provider may negotiate\n\t\t\t\twith the eligible agency in order to determine an adequate level of funds to be\n\t\t\t\tused for noninstructional purposes.\n </text>\n </subsection>\n </section>\n </subtitle>\n <subtitle id=\"H1AE2E3E6E2334A6BA13FD4D259A20AD1\">\n <enum>\n D\n </enum>\n <header>\n General\n\t\t\t\tProvisions\n </header>\n <section id=\"HBD86510357B84196958750B2BCD725C0\">\n <enum>\n 241.\n </enum>\n <header>\n Administrative\n\t\t\t\tprovisions\n </header>\n <text display-inline=\"no-display-inline\">\n Funds made\n\t\t\t\tavailable for adult education and family literacy education programs under this\n\t\t\t\ttitle shall supplement and not supplant other State or local public funds\n\t\t\t\texpended for adult education and family literacy education programs.\n </text>\n </section>\n <section id=\"H5E1AABDFBC0A4BD8A56DD8BC770ECD5B\">\n <enum>\n 242.\n </enum>\n <header>\n National\n\t\t\t\tactivities\n </header>\n <text display-inline=\"no-display-inline\">\n The Secretary shall\n\t\t\t\testablish and carry out a program of national activities that may include the\n\t\t\t\tfollowing:\n </text>\n <paragraph id=\"H2FA177F773BD4DD6B43289BF35C92CA6\">\n <enum>\n (1)\n </enum>\n <text>\n Providing\n\t\t\t\ttechnical assistance to eligible entities, on request, to—\n </text>\n <subparagraph id=\"H27A6C457A1C246008249FCB27E48DA46\">\n <enum>\n (A)\n </enum>\n <text>\n improve their\n\t\t\t\tfiscal management, research-based instruction, and reporting requirements to\n\t\t\t\tcarry out the requirements of this title;\n </text>\n </subparagraph>\n <subparagraph id=\"H97698780D787445E9A79A9C9B5C9FD56\">\n <enum>\n (B)\n </enum>\n <text>\n improve its\n\t\t\t\tperformance on the core indicators of performance described in section\n\t\t\t\t136;\n </text>\n </subparagraph>\n <subparagraph id=\"H734454764E764D8195409FD0AB6B3BCB\">\n <enum>\n (C)\n </enum>\n <text>\n provide adult\n\t\t\t\teducation professional development; and\n </text>\n </subparagraph>\n <subparagraph id=\"HA3E95197FF8A46BC81E5DA2E8E3A0D29\">\n <enum>\n (D)\n </enum>\n <text>\n use distance\n\t\t\t\teducation and improve the application of technology in the classroom, including\n\t\t\t\tinstruction in English language acquisition for English learners.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H0DF6CE62A42B42508267BB209B8087A2\">\n <enum>\n (2)\n </enum>\n <text>\n Providing for the\n\t\t\t\tconduct of research on national literacy basic skill acquisition levels among\n\t\t\t\tadults, including the number of adult English learners functioning at different\n\t\t\t\tlevels of reading proficiency.\n </text>\n </paragraph>\n <paragraph id=\"H17526A958B4B412D81896BA87C9FF8A2\">\n <enum>\n (3)\n </enum>\n <text>\n Improving the\n\t\t\t\tcoordination, efficiency, and effectiveness of adult education and workforce\n\t\t\t\tdevelopment services at the national, State, and local levels.\n </text>\n </paragraph>\n <paragraph id=\"HC4D49F0DD85D4284890ED0C7EF99B636\">\n <enum>\n (4)\n </enum>\n <text>\n Determining how\n\t\t\t\tparticipation in adult education, English language acquisition, and family\n\t\t\t\tliteracy education programs prepares individuals for entry into and success in\n\t\t\t\tpostsecondary education and employment, and in the case of prison-based\n\t\t\t\tservices, the effect on recidivism.\n </text>\n </paragraph>\n <paragraph id=\"HF9454C56A5B84D7A947AF5DB0E38FDBF\">\n <enum>\n (5)\n </enum>\n <text>\n Evaluating how\n\t\t\t\tdifferent types of providers, including community and faith-based organizations\n\t\t\t\tor private for-profit agencies measurably improve the skills of participants in\n\t\t\t\tadult education, English language acquisition, and family literacy education\n\t\t\t\tprograms.\n </text>\n </paragraph>\n <paragraph id=\"H9C914515000C4E5A92736695C9036FBA\">\n <enum>\n (6)\n </enum>\n <text>\n Identifying model\n\t\t\t\tintegrated basic and workplace skills education programs, including programs\n\t\t\t\tfor English learners coordinated literacy and employment services, and\n\t\t\t\teffective strategies for serving adults with disabilities.\n </text>\n </paragraph>\n <paragraph id=\"H0F9608F654994B48945062FBB6F78EFF\">\n <enum>\n (7)\n </enum>\n <text>\n Initiating other\n\t\t\t\tactivities designed to improve the measurable quality and effectiveness of\n\t\t\t\tadult education, English language acquisition, and family literacy education\n\t\t\t\tprograms\n\t\t\t\tnationwide.\n </text>\n </paragraph>\n </section>\n </subtitle>\n \n \n .\n \n \n \n \n \n <enum>\n III\n </enum>\n <header>\n AMENDMENTS TO\n\t\t\t THE WAGNER-PEYSER ACT\n </header>\n <section id=\"H97899F4862394D828601C76A133540B9\">\n <enum>\n 301.\n </enum>\n <header>\n Amendments to\n\t\t\t the Wagner-Peyser Act\n </header>\n <text display-inline=\"no-display-inline\">\n The\n\t\t\t Wagner-Peyser Act (29\n\t\t\t U.S.C. 49 et seq.) is amended by amending section 15 to read as\n\t\t\t follows:\n </text>\n <quoted-block id=\"H9A64D7E9F6024C9592C9898DC4258A21\" style=\"OLC\">\n <section id=\"H1A72E9624E6E464E8F1FF961FC32BF48\">\n <enum>\n 15.\n </enum>\n <header>\n Workforce and\n\t\t\t\tlabor market information system\n </header>\n <subsection id=\"H3DE635AD5EA1456892FB7876EC51F315\">\n <enum>\n (a)\n </enum>\n <header>\n System\n\t\t\t\tcontent\n </header>\n <paragraph id=\"HCE1720191C454250AC1DC9CABCE4CE9A\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n The Secretary of Labor, in accordance with the provisions\n\t\t\t\tof this section, shall oversee the development, maintenance, and continuous\n\t\t\t\timprovement of a nationwide workforce and labor market information system that\n\t\t\t\tincludes—\n </text>\n <subparagraph id=\"HDB0C37F1994E47EB9A1F08B49B69A6FC\">\n <enum>\n (A)\n </enum>\n <text>\n statistical data\n\t\t\t\tfrom cooperative statistical survey and projection programs and data from\n\t\t\t\tadministrative reporting systems that, taken together, enumerate, estimate, and\n\t\t\t\tproject employment opportunities and conditions at national, State, and local\n\t\t\t\tlevels in a timely manner, including statistics on—\n </text>\n <clause id=\"H98262D37507F428381F74B80BAB0CD21\">\n <enum>\n (i)\n </enum>\n <text>\n employment and\n\t\t\t\tunemployment status of national, State, and local populations, including\n\t\t\t\tself-employed, part-time, and seasonal workers;\n </text>\n </clause>\n <clause id=\"H742FA57FC1DB485387B3C62DF5E8E4F3\">\n <enum>\n (ii)\n </enum>\n <text>\n industrial\n\t\t\t\tdistribution of occupations, as well as current and projected employment\n\t\t\t\topportunities, wages, benefits (where data is available), and skill trends by\n\t\t\t\toccupation and industry, with particular attention paid to State and local\n\t\t\t\tconditions;\n </text>\n </clause>\n <clause id=\"HE6320D14E8684455B97EDDECFE8C268E\">\n <enum>\n (iii)\n </enum>\n <text>\n the incidence\n\t\t\t\tof, industrial and geographical location of, and number of workers displaced\n\t\t\t\tby, permanent layoffs and plant closings; and\n </text>\n </clause>\n <clause id=\"H883C50D224BC4BBD99695F62B5747C74\">\n <enum>\n (iv)\n </enum>\n <text>\n employment and\n\t\t\t\tearnings information maintained in a longitudinal manner to be used for\n\t\t\t\tresearch and program evaluation;\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HECF0BC93B8864772A537C571ADB1524E\">\n <enum>\n (B)\n </enum>\n <text>\n information on\n\t\t\t\tState and local employment opportunities, and other appropriate statistical\n\t\t\t\tdata related to labor market dynamics, which—\n </text>\n <clause id=\"H96869623F9ED49808E270458BF984E29\">\n <enum>\n (i)\n </enum>\n <text>\n shall be current\n\t\t\t\tand comprehensive;\n </text>\n </clause>\n <clause id=\"H8EC3193512414B4C89592694A4925DF0\">\n <enum>\n (ii)\n </enum>\n <text>\n shall meet the\n\t\t\t\tneeds identified through the consultations described in subparagraphs (A) and\n\t\t\t\t(B) of subsection (e)(2); and\n </text>\n </clause>\n <clause id=\"HEF9DB4C834564D969A4788F6C90F7B76\">\n <enum>\n (iii)\n </enum>\n <text>\n shall meet the\n\t\t\t\tneeds for the information identified in section 121;\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H9BA3B6F97B5043DA82B7C99ACE9F24A0\">\n <enum>\n (C)\n </enum>\n <text>\n technical\n\t\t\t\tstandards (which the Secretary shall publish annually) for data and information\n\t\t\t\tdescribed in subparagraphs (A) and (B) that, at a minimum, meet the criteria of\n <external-xref legal-doc=\"usc-chapter\" parsable-cite=\"usc-chapter/44/35\">\n chapter 35\n </external-xref>\n of title 44,\n\t\t\t\tUnited States Code;\n </text>\n </subparagraph>\n <subparagraph id=\"HBDDA95E27BCF4609B2EBDEFC9E8F5081\">\n <enum>\n (D)\n </enum>\n <text>\n procedures to\n\t\t\t\tensure compatibility and additivity of the data and information described in\n\t\t\t\tsubparagraphs (A) and (B) from national, State, and local levels;\n </text>\n </subparagraph>\n <subparagraph id=\"H598C8CCBC0C04923B7C85884D7524631\">\n <enum>\n (E)\n </enum>\n <text>\n procedures to\n\t\t\t\tsupport standardization and aggregation of data from administrative reporting\n\t\t\t\tsystems described in subparagraph (A) of employment-related programs;\n </text>\n </subparagraph>\n <subparagraph id=\"H71E0118AA84246959FBA4E0E837C58A4\">\n <enum>\n (F)\n </enum>\n <text>\n analysis of data\n\t\t\t\tand information described in subparagraphs (A) and (B) for uses such as—\n </text>\n <clause id=\"HD94041A4A718428694E11D1005569460\">\n <enum>\n (i)\n </enum>\n <text>\n national, State,\n\t\t\t\tand local policymaking;\n </text>\n </clause>\n <clause id=\"H58A6B271AB2E4BF2B5F3A889C8D5EEF6\">\n <enum>\n (ii)\n </enum>\n <text>\n implementation of\n\t\t\t\tFederal policies (including allocation formulas);\n </text>\n </clause>\n <clause id=\"H3F39C7F0982E4FBDA25CFE157BFFCB5C\">\n <enum>\n (iii)\n </enum>\n <text>\n program planning\n\t\t\t\tand evaluation; and\n </text>\n </clause>\n <clause id=\"H966BB4EF926C472D99F34D4D135CF0BB\">\n <enum>\n (iv)\n </enum>\n <text>\n researching labor\n\t\t\t\tmarket dynamics;\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H0C91D2DA552149538A81B35D26B42536\">\n <enum>\n (G)\n </enum>\n <text>\n wide dissemination\n\t\t\t\tof such data, information, and analysis in a user-friendly manner and voluntary\n\t\t\t\ttechnical standards for dissemination mechanisms; and\n </text>\n </subparagraph>\n <subparagraph id=\"HB6B5971DAC9D4D0E985150B25AB1464A\">\n <enum>\n (H)\n </enum>\n <text>\n programs\n\t\t\t\tof—\n </text>\n <clause id=\"HE6C90ADAD19F4800A15FEAEB1649B03F\">\n <enum>\n (i)\n </enum>\n <text>\n training for\n\t\t\t\teffective data dissemination;\n </text>\n </clause>\n <clause id=\"HCED053EC51234DE8AD848C3710204604\">\n <enum>\n (ii)\n </enum>\n <text>\n research and\n\t\t\t\tdemonstration; and\n </text>\n </clause>\n <clause id=\"H014C18FD03E04BC99DF973CA16CAD23A\">\n <enum>\n (iii)\n </enum>\n <text>\n programs and\n\t\t\t\ttechnical assistance.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HBE3874080F964253BE3A821CED58714E\">\n <enum>\n (2)\n </enum>\n <header>\n Information to\n\t\t\t\tbe confidential\n </header>\n <subparagraph id=\"H18E6A2070A7D437A97A9D9E73260655C\">\n <enum>\n (A)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n No officer or employee of the Federal Government or agent\n\t\t\t\tof the Federal Government may—\n </text>\n <clause id=\"H87C87E1D4B914D4BAED385FF33BD2959\">\n <enum>\n (i)\n </enum>\n <text>\n use any submission\n\t\t\t\tthat is furnished for exclusively statistical purposes under the provisions of\n\t\t\t\tthis section for any purpose other than the statistical purposes for which the\n\t\t\t\tsubmission is furnished;\n </text>\n </clause>\n <clause id=\"HEE49DE13E3064E7094A47B4FBC0DE059\">\n <enum>\n (ii)\n </enum>\n <text>\n disclose to the\n\t\t\t\tpublic any publication or media transmittal of the data contained in the\n\t\t\t\tsubmission described in clause (i) that permits information concerning an\n\t\t\t\tindividual subject to be reasonably inferred by either direct or indirect\n\t\t\t\tmeans; or\n </text>\n </clause>\n <clause id=\"H3D25B7A22738473496C14BF70F4C193A\">\n <enum>\n (iii)\n </enum>\n <text>\n permit anyone\n\t\t\t\tother than a sworn officer, employee, or agent of any Federal department or\n\t\t\t\tagency, or a contractor (including an employee of a contractor) of such\n\t\t\t\tdepartment or agency, to examine an individual submission described in clause\n\t\t\t\t(i),\n </text>\n </clause>\n <continuation-text continuation-text-level=\"subparagraph\">\n without\n\t\t\t\tthe consent of the individual, agency, or other person who is the subject of\n\t\t\t\tthe submission or provides that submission.\n </continuation-text>\n </subparagraph>\n <subparagraph id=\"H5595E79363C84E2EB5FDEA8CF81A7C77\">\n <enum>\n (B)\n </enum>\n <header>\n Immunity from\n\t\t\t\tlegal process\n </header>\n <text>\n Any submission (including any data derived from the\n\t\t\t\tsubmission) that is collected and retained by a Federal department or agency,\n\t\t\t\tor an officer, employee, agent, or contractor of such a department or agency,\n\t\t\t\tfor exclusively statistical purposes under this section shall be immune from\n\t\t\t\tthe legal process and shall not, without the consent of the individual, agency,\n\t\t\t\tor other person who is the subject of the submission or provides that\n\t\t\t\tsubmission, be admitted as evidence or used for any purpose in any action,\n\t\t\t\tsuit, or other judicial or administrative proceeding.\n </text>\n </subparagraph>\n <subparagraph id=\"H898C59486B3D4B97B35B56255CEA33E3\">\n <enum>\n (C)\n </enum>\n <header>\n Rule of\n\t\t\t\tconstruction\n </header>\n <text>\n Nothing in this section shall be construed to\n\t\t\t\tprovide immunity from the legal process for such submission (including any data\n\t\t\t\tderived from the submission) if the submission is in the possession of any\n\t\t\t\tperson, agency, or entity other than the Federal Government or an officer,\n\t\t\t\temployee, agent, or contractor of the Federal Government, or if the submission\n\t\t\t\tis independently collected, retained, or produced for purposes other than the\n\t\t\t\tpurposes of this Act.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"HC25852DB240641AB9B4D4D68FEAA4D3A\">\n <enum>\n (b)\n </enum>\n <header>\n System\n\t\t\t\tresponsibilities\n </header>\n <paragraph id=\"HC895D850B11F480398A10D8598152AE5\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n The workforce and labor market information system\n\t\t\t\tdescribed in subsection (a) shall be planned, administered, overseen, and\n\t\t\t\tevaluated through a cooperative governance structure involving the Federal\n\t\t\t\tGovernment and States.\n </text>\n </paragraph>\n <paragraph id=\"HC4DD032C04CF4F1FB7E805B9C56BC9BB\">\n <enum>\n (2)\n </enum>\n <header>\n Duties\n </header>\n <text>\n The\n\t\t\t\tSecretary, with respect to data collection, analysis, and dissemination of\n\t\t\t\tworkforce and labor market information for the system, shall carry out the\n\t\t\t\tfollowing duties:\n </text>\n <subparagraph id=\"HA8137D63AD714E69AE3DFCBCCEEEBB7B\">\n <enum>\n (A)\n </enum>\n <text>\n Assign\n\t\t\t\tresponsibilities within the Department of Labor for elements of the workforce\n\t\t\t\tand labor market information system described in subsection (a) to ensure that\n\t\t\t\tall statistical and administrative data collected is consistent with\n\t\t\t\tappropriate Bureau of Labor Statistics standards and definitions.\n </text>\n </subparagraph>\n <subparagraph id=\"H6C7A85510D954275B80C47EAEB72BEE4\">\n <enum>\n (B)\n </enum>\n <text>\n Actively seek the\n\t\t\t\tcooperation of other Federal agencies to establish and maintain mechanisms for\n\t\t\t\tensuring complementarity and nonduplication in the development and operation of\n\t\t\t\tstatistical and administrative data collection activities.\n </text>\n </subparagraph>\n <subparagraph id=\"HAB34CC7DE174454199BE8E3BB25BD5A6\">\n <enum>\n (C)\n </enum>\n <text>\n Eliminate gaps and\n\t\t\t\tduplication in statistical undertakings, with the systemization of wage surveys\n\t\t\t\tas an early priority.\n </text>\n </subparagraph>\n <subparagraph id=\"H666CC9DC29274E0080BA244189B26DCB\">\n <enum>\n (D)\n </enum>\n <text>\n In collaboration\n\t\t\t\twith the Bureau of Labor Statistics and States, develop and maintain the\n\t\t\t\telements of the workforce and labor market information system described in\n\t\t\t\tsubsection (a), including the development of consistent procedures and\n\t\t\t\tdefinitions for use by the States in collecting the data and information\n\t\t\t\tdescribed in subparagraphs (A) and (B) of subsection (a)(1).\n </text>\n </subparagraph>\n <subparagraph id=\"H3D6ACF02E9334676BF542B6AA9EDCC2D\">\n <enum>\n (E)\n </enum>\n <text>\n Establish\n\t\t\t\tprocedures for the system to ensure that—\n </text>\n <clause id=\"HFDD9482B9446416EAA86AB9163DBFB82\">\n <enum>\n (i)\n </enum>\n <text>\n such data and\n\t\t\t\tinformation are timely;\n </text>\n </clause>\n <clause id=\"H7D307A4EE1694EFFB7E0243342873BC5\">\n <enum>\n (ii)\n </enum>\n <text>\n paperwork and\n\t\t\t\treporting for the system are reduced to a minimum; and\n </text>\n </clause>\n <clause id=\"H6510C5F7065C409E9DDB1C68F8912861\">\n <enum>\n (iii)\n </enum>\n <text>\n States and\n\t\t\t\tlocalities are fully involved in the development and continuous improvement of\n\t\t\t\tthe system at all levels.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"HF89023CDAF564F7C931FB928B1E6AA9C\">\n <enum>\n (c)\n </enum>\n <header>\n National\n\t\t\t\telectronic tools To provide services\n </header>\n <text>\n The Secretary is authorized\n\t\t\t\tto assist in the development of national electronic tools that may be used to\n\t\t\t\tfacilitate the delivery of work ready services described in section 134(c)(2)\n\t\t\t\tand to provide workforce information to individuals through the one-stop\n\t\t\t\tdelivery systems described in section 121 and through other appropriate\n\t\t\t\tdelivery systems.\n </text>\n </subsection>\n <subsection id=\"HC4242684BC104654972327D6977664DB\">\n <enum>\n (d)\n </enum>\n <header>\n Coordination\n\t\t\t\twith the states\n </header>\n <paragraph id=\"H00FAC35D459B4B399FE991BC7BEE9F8C\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n The Secretary, working through the Bureau of Labor\n\t\t\t\tStatistics and the Employment and Training Administration, shall regularly\n\t\t\t\tconsult with representatives of State agencies carrying out workforce\n\t\t\t\tinformation activities regarding strategies for improving the workforce and\n\t\t\t\tlabor market information system.\n </text>\n </paragraph>\n <paragraph id=\"H086BCEC83DF44EA9A9D4FD2B56E4C5A7\">\n <enum>\n (2)\n </enum>\n <header>\n Formal\n\t\t\t\tconsultations\n </header>\n <text>\n At least twice each year, the Secretary, working\n\t\t\t\tthrough the Bureau of Labor Statistics, shall conduct formal consultations\n\t\t\t\tregarding programs carried out by the Bureau of Labor Statistics with\n\t\t\t\trepresentatives of each of the Federal regions of the Bureau of Labor\n\t\t\t\tStatistics, elected (pursuant to a process established by the Secretary) from\n\t\t\t\tthe State directors affiliated with State agencies that perform the duties\n\t\t\t\tdescribed in subsection (e)(2).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H39E00A8C03184FFCB98B253D1B5C65E8\">\n <enum>\n (e)\n </enum>\n <header>\n State\n\t\t\t\tresponsibilities\n </header>\n <paragraph id=\"H8F200F9CBC024B2BA22B9339ACCD9BE5\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n In order to receive Federal financial assistance under\n\t\t\t\tthis section, the Governor of a State shall—\n </text>\n <subparagraph id=\"HD14A18F5773B46C2B6038C6FF71AEA9D\">\n <enum>\n (A)\n </enum>\n <text>\n be responsible for\n\t\t\t\tthe management of the portions of the workforce and labor market information\n\t\t\t\tsystem described in subsection (a) that comprise a statewide workforce and\n\t\t\t\tlabor market information system and for the State’s participation in the\n\t\t\t\tdevelopment of the annual plan;\n </text>\n </subparagraph>\n <subparagraph id=\"HCBB8F68898B74DCFB2E78DAF6BE03B69\">\n <enum>\n (B)\n </enum>\n <text>\n establish a\n\t\t\t\tprocess for the oversight of such system;\n </text>\n </subparagraph>\n <subparagraph id=\"H5FB3DB4B56B448E5928B98726F8A34A4\">\n <enum>\n (C)\n </enum>\n <text>\n consult with State\n\t\t\t\tand local employers, participants, and local workforce investment boards about\n\t\t\t\tthe labor market relevance of the data to be collected and disseminated through\n\t\t\t\tthe statewide workforce and labor market information system;\n </text>\n </subparagraph>\n <subparagraph id=\"H449E073CBDBF48A8881BE433B63C0793\">\n <enum>\n (D)\n </enum>\n <text>\n consult with State\n\t\t\t\teducational agencies and local educational agencies concerning the provision of\n\t\t\t\temployment statistics in order to meet the needs of secondary school and\n\t\t\t\tpostsecondary school students who seek such information;\n </text>\n </subparagraph>\n <subparagraph id=\"H8839251D4E6F46B6AE343D9EFCB8E580\">\n <enum>\n (E)\n </enum>\n <text>\n collect and\n\t\t\t\tdisseminate for the system, on behalf of the State and localities in the State,\n\t\t\t\tthe information and data described in subparagraphs (A) and (B) of subsection\n\t\t\t\t(a)(1);\n </text>\n </subparagraph>\n <subparagraph id=\"HDAB4A7CD30DB4AB6814F79F94D163A66\">\n <enum>\n (F)\n </enum>\n <text>\n maintain and\n\t\t\t\tcontinuously improve the statewide workforce and labor market information\n\t\t\t\tsystem in accordance with this section;\n </text>\n </subparagraph>\n <subparagraph id=\"H7553B9F428A4462E85C3E04E2EDC8AEF\">\n <enum>\n (G)\n </enum>\n <text>\n perform contract\n\t\t\t\tand grant responsibilities for data collection, analysis, and dissemination for\n\t\t\t\tsuch system;\n </text>\n </subparagraph>\n <subparagraph id=\"HAA15C0A93C0048229F04CA9CFCF97EE4\">\n <enum>\n (H)\n </enum>\n <text>\n conduct such other\n\t\t\t\tdata collection, analysis, and dissemination activities as will ensure an\n\t\t\t\teffective statewide workforce and labor market information system;\n </text>\n </subparagraph>\n <subparagraph id=\"H05EEA71FC4D64120A9B6DDE16191BAE1\">\n <enum>\n (I)\n </enum>\n <text>\n actively seek the\n\t\t\t\tparticipation of other State and local agencies in data collection, analysis,\n\t\t\t\tand dissemination activities in order to ensure complementarity, compatibility,\n\t\t\t\tand usefulness of data;\n </text>\n </subparagraph>\n <subparagraph id=\"H76750FF915EF494BB2785B95877FC0F1\">\n <enum>\n (J)\n </enum>\n <text>\n participate in the\n\t\t\t\tdevelopment of the annual plan described in subsection (c); and\n </text>\n </subparagraph>\n <subparagraph id=\"H32377D3BC2C14F44B6AE8BBC944425A2\">\n <enum>\n (K)\n </enum>\n <text>\n utilize the\n\t\t\t\tquarterly records described in section 136(f)(2) to assist the State and other\n\t\t\t\tStates in measuring State progress on State performance measures.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H54BFD9ED8DC546AD87968F63806E0887\">\n <enum>\n (2)\n </enum>\n <header>\n Rule of\n\t\t\t\tconstruction\n </header>\n <text>\n Nothing in this section shall be construed as\n\t\t\t\tlimiting the ability of a Governor to conduct additional data collection,\n\t\t\t\tanalysis, and dissemination activities with State funds or with Federal funds\n\t\t\t\tfrom sources other than this section.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H1CF635A5589B4384A29D58F432FB4B77\">\n <enum>\n (f)\n </enum>\n <header>\n Nonduplication\n\t\t\t\trequirement\n </header>\n <text>\n None of the functions and activities carried out\n\t\t\t\tpursuant to this section shall duplicate the functions and activities carried\n\t\t\t\tout under the Carl D. Perkins Career and Technical Education Act of 2006\n\t\t\t\t(20 U.S.C. 2301 et\n\t\t\t\tseq.).\n </text>\n </subsection>\n <subsection id=\"HFFD881E5D23E443D808DC4CA186F3D02\">\n <enum>\n (g)\n </enum>\n <header>\n Authorization of\n\t\t\t\tappropriations\n </header>\n <text>\n There are authorized to be appropriated to carry\n\t\t\t\tout this section $63,473,000 for fiscal year 2014 and each of the 6 succeeding\n\t\t\t\tfiscal years.\n </text>\n </subsection>\n <subsection id=\"H59F6702D554148A683E62A964AC30251\">\n <enum>\n (h)\n </enum>\n <header>\n Definition\n </header>\n <text>\n In\n\t\t\t\tthis section, the term\n <term>\n local area\n </term>\n means the smallest geographical\n\t\t\t\tarea for which data can be produced with statistical\n\t\t\t\treliability.\n </text>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n \n \n <enum>\n IV\n </enum>\n <header>\n REPEALS AND\n\t\t\t CONFORMING AMENDMENTS\n </header>\n <section id=\"HD884A361219F4C7F9C0B0464BCA9A83D\">\n <enum>\n 401.\n </enum>\n <header>\n Repeals\n </header>\n <text display-inline=\"no-display-inline\">\n The following provisions are\n\t\t\t repealed:\n </text>\n <paragraph id=\"HD2D768E37B6E474F904B7D2A482E5649\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Chapter 4 of subtitle B of title I, and\n\t\t\t sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503,\n\t\t\t and 506 of the Workforce Investment Act of 1998, as in effect on the day before\n\t\t\t the date of enactment of the SKILLS Act.\n </text>\n </paragraph>\n <paragraph id=\"H027F0890B4404A7782012C329A4B74D1\">\n <enum>\n (2)\n </enum>\n <text>\n Title V of the\n\t\t\t Older Americans Act of 1965 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/3056\">\n 42 U.S.C. 3056 et seq.\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"HB1E624EE83E047D8B552FA5609C3D77C\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Sections 1 through 14 of the Wagner-Peyser\n\t\t\t Act (29 U.S.C. 49 et\n\t\t\t seq.).\n </text>\n </paragraph>\n <paragraph id=\"HFCDB4727B86F4DD98B187C6C8895ECA1\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Twenty-First Century Workforce Commission\n\t\t\t Act (29 U.S.C.\n\t\t\t 2701 note).\n </text>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H4F9A2865EF1546CC86345E1EDBC4F705\">\n <enum>\n (5)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Public Law 91–378,\n\t\t\t 16 U.S.C. 1701 et\n\t\t\t seq. (popularly known as the\n <quote>\n Youth Conservation Corps\n\t\t\t Act of 1970\n </quote>\n ).\n </text>\n </paragraph>\n <paragraph id=\"H601722181EE04EBAA4490F89F48016C4\">\n <enum>\n (6)\n </enum>\n <text>\n Section 821 of the\n\t\t\t Higher Education Amendments of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/1151\">\n 20 U.S.C. 1151\n </external-xref>\n ) (Grants to States\n\t\t\t for workplace and community transition training for incarcerated\n\t\t\t individuals).\n </text>\n </paragraph>\n <paragraph id=\"H511E3C2EB39D4259AD82BC3A479FDDCF\">\n <enum>\n (7)\n </enum>\n <text>\n The Women in\n\t\t\t Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et\n\t\t\t seq.).\n </text>\n </paragraph>\n <paragraph id=\"H31AF8485126248B29DCBE0BD10E745C0\">\n <enum>\n (8)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Sections\n\t\t\t 4103A and\n\t\t\t 4104 of title 38, United States\n\t\t\t Code.\n </text>\n </paragraph>\n </section>\n <section id=\"H520BCF8F3AD04D52BB0910CBF9357613\">\n <enum>\n 402.\n </enum>\n <header>\n Amendment to\n\t\t\t the Comprehensive Environmental Response, Compensation, and Liability Act of\n\t\t\t 1980\n </header>\n <text display-inline=\"no-display-inline\">\n Section 104(k)(6) of the\n\t\t\t Comprehensive Environmental Response, Compensation, and Liability Act of 1980\n\t\t\t (42 U.S.C.\n\t\t\t 9604) is amended by striking\n <quote>\n , training,\n </quote>\n .\n </text>\n </section>\n <section id=\"H007195043B394044853B1843ECE74CF9\" section-type=\"subsequent-section\">\n <enum>\n 403.\n </enum>\n <header>\n Amendments to the\n\t\t\t Food and Nutrition Act of 2008\n </header>\n <subsection id=\"H64F52078AE474E0BB8EFD8D85B323094\">\n <enum>\n (a)\n </enum>\n <header>\n Definition\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 3(t) of the Food and Nutrition Act\n\t\t\t of 2008 (7 U.S.C.\n\t\t\t 2012(t)) is amended—\n </text>\n <paragraph id=\"H5D292268AAF14C67A02E32CCA23A0411\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n and (2)\n </quote>\n and inserting\n <quote>\n (2)\n </quote>\n , and\n </text>\n </paragraph>\n <paragraph id=\"HDA0399BE2A9C4DF2B08A3900BA49BB4A\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting\n\t\t\t before the period at the end the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H8831C35D267E4622968F60D9361443CA\" style=\"OLC\">\n <quoted-block-continuation-text quoted-block-continuation-text-level=\"paragraph\">\n , and (3)\n\t\t\t\twhen referencing employment and training activities under section 6(d)(4), a\n\t\t\t\tState board as defined in section 101 of the Workforce Investment Act of 1998\n\t\t\t\t(29 U.S.C.\n\t\t\t\t2801)\n </quoted-block-continuation-text>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"HF73E3066184F4FAA8718FED8E5BCEC70\">\n <enum>\n (b)\n </enum>\n <header>\n Eligible\n\t\t\t households\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 5 of the\n\t\t\t Food and Nutrition Act of 2008 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/7/2014\">\n 7 U.S.C. 2014\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HA99D11BBA05A485CA4D45D83A967C601\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection\n\t\t\t (d)(14) by striking\n <quote>\n section 6(d)(4)(I)\n </quote>\n and inserting\n <quote>\n section 6(d)(4)(C)\n </quote>\n , and\n </text>\n </paragraph>\n <paragraph id=\"H2C1171F598044A5B91529ECA30E72AA6\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection\n\t\t\t (g)(3) by striking\n <quote>\n constitutes adequate participation in an employment\n\t\t\t and training program under section 6(d)\n </quote>\n and inserting\n <quote>\n allows the\n\t\t\t individual to participate in employment and training activities under section\n\t\t\t 6(d)(4)\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H334BDAC6512247AD9427F83AA1BE3A5D\">\n <enum>\n (c)\n </enum>\n <header>\n Eligibility\n\t\t\t disqualifications\n </header>\n <text>\n Section 6(d)(4) of the Food and Nutrition Act\n\t\t\t of 2008 (7 U.S.C.\n\t\t\t 2015(d)(4)) is amended to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H0AD43D294C174C98AB01B80A58E15203\" style=\"OLC\">\n <paragraph id=\"HE9929889FDF3418A97805BCF99620C34\">\n <enum>\n (4)\n </enum>\n <header>\n Employment and\n\t\t\t\ttraining\n </header>\n <subparagraph id=\"HAD86A4F5BFF04285AF5EB4C4BF48321F\">\n <enum>\n (A)\n </enum>\n <header>\n Implementation\n </header>\n <text display-inline=\"yes-display-inline\">\n Each State agency shall provide employment\n\t\t\t\tand training services authorized under section 134 of the Workforce Investment\n\t\t\t\tAct of 1998 (29\n\t\t\t\tU.S.C. 2864) to eligible members of households participating in\n\t\t\t\tthe supplemental nutrition assistance program in gaining skills, training,\n\t\t\t\twork, or experience that will increase their ability to obtain regular\n\t\t\t\temployment.\n </text>\n </subparagraph>\n <subparagraph id=\"H2F975667ED744FEA85B881446833E341\">\n <enum>\n (B)\n </enum>\n <header>\n Statewide\n\t\t\t\tworkforce development system\n </header>\n <text display-inline=\"yes-display-inline\">\n Consistent with subparagraph (A),\n\t\t\t\temployment and training services shall be provided through the statewide\n\t\t\t\tworkforce development system, including the One-Stop delivery system,\n\t\t\t\tauthorized by the Workforce Investment Act of 1998 (29 U.S.C. 2801 et\n\t\t\t\tseq.).\n </text>\n </subparagraph>\n <subparagraph id=\"H96D335F055064F88994A688898977B22\">\n <enum>\n (C)\n </enum>\n <header>\n Reimbursements\n </header>\n <clause id=\"H559EDAA2D1AA4E96AE8BEB8791EB6C83\">\n <enum>\n (i)\n </enum>\n <header>\n Actual\n\t\t\t\tcosts\n </header>\n <text>\n The State agency shall provide payments or reimbursement to\n\t\t\t\tparticipants served under this paragraph for—\n </text>\n <subclause id=\"HCA1DF3BD9D9B4E988455DDD4A07060A3\">\n <enum>\n (I)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the actual costs of transportation and\n\t\t\t\tother actual costs (other than dependent care costs) that are reasonably\n\t\t\t\tnecessary and directly related to the individual participating in employment\n\t\t\t\tand training activities; and\n </text>\n </subclause>\n <subclause id=\"H5548ED2101344B939D59B95276FDBDCA\">\n <enum>\n (II)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the actual costs of such dependent care\n\t\t\t\texpenses that are determined by the State agency to be necessary for the\n\t\t\t\tindividual to participate in employment and training activities (other than an\n\t\t\t\tindividual who is the caretaker relative of a dependent in a family receiving\n\t\t\t\tbenefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et\n\t\t\t\tseq.) in a local area where an employment, training, or\n\t\t\t\teducation program under title IV of such Act is in operation), except that no\n\t\t\t\tsuch payment or reimbursement shall exceed the applicable local market\n\t\t\t\trate.\n </text>\n </subclause>\n </clause>\n <clause id=\"H490CA911B47546F7BCC55B186058A870\">\n <enum>\n (ii)\n </enum>\n <header>\n Service\n\t\t\t\tcontracts and vouchers\n </header>\n <text display-inline=\"yes-display-inline\">\n In\n\t\t\t\tlieu of providing reimbursements or payments for dependent care expenses under\n\t\t\t\tclause (i), a State agency may, at its option, arrange for dependent care\n\t\t\t\tthrough providers by the use of purchase of service contracts or vouchers or by\n\t\t\t\tproviding vouchers to the household.\n </text>\n </clause>\n <clause id=\"HB5157ED62F3042AA8305161122F15F76\">\n <enum>\n (iii)\n </enum>\n <header>\n Value of\n\t\t\t\treimbursements\n </header>\n <text>\n The value of any dependent care services provided\n\t\t\t\tfor or arranged under clause (ii), or any amount received as a payment or\n\t\t\t\treimbursement under clause (i), shall—\n </text>\n <subclause id=\"HCD56148E822347A3B81E5E6459BF9818\">\n <enum>\n (I)\n </enum>\n <text>\n not be treated as\n\t\t\t\tincome for the purposes of any other Federal or federally assisted program that\n\t\t\t\tbases eligibility for, or the amount of benefits on, need; and\n </text>\n </subclause>\n <subclause id=\"HA93746CE1BA040BEB7D29B05A24AA0B9\">\n <enum>\n (II)\n </enum>\n <text>\n not be claimed as\n\t\t\t\tan employment-related expense for the purposes of the credit provided under\n\t\t\t\tsection\n\t\t\t\t21 of the Internal Revenue Code of 1986 (26 U.S.C.\n\t\t\t\t21).\n </text>\n </subclause>\n </clause>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HA9088E1DDEB148D383337DCCC5780C50\">\n <enum>\n (d)\n </enum>\n <header>\n Administration\n </header>\n <text>\n Section\n\t\t\t 11(e)(19) of the Food and Nutrition Act of 2008 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/7/2020\">\n 7 U.S.C. 2020(e)(11)\n </external-xref>\n is amended to\n\t\t\t read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HE08D91C85BEE45C8B34C0BC6FAB81CA5\" style=\"traditional\">\n <paragraph id=\"H8743EAC9963A486BB938FB465EB57F51\">\n <enum>\n (19)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the plans of the State agency for providing\n\t\t\t\temployment and training services under section\n\t\t\t\t6(d)(4);\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HD9FD7B84E6C049ACB3E3721BB085CE8F\">\n <enum>\n (e)\n </enum>\n <header>\n Administrative\n\t\t\t cost-Sharing and quality control\n </header>\n <text>\n Section 16(h) of the Food and\n\t\t\t Nutrition Act of 2008 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/7/2025\">\n 7 U.S.C. 2025\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HB545F178314240178F36641DFFA2ABE5\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph\n\t\t\t (1)—\n </text>\n <subparagraph id=\"H762CBFD6D853484F98F9EB8554E65963\">\n <enum>\n (A)\n </enum>\n <text>\n in subparagraph\n\t\t\t (A) by striking\n <quote>\n carry out employment and training programs\n </quote>\n and\n\t\t\t inserting\n <quote>\n provide employment and training services to eligible\n\t\t\t households under section 6(d)(4)\n </quote>\n , and\n </text>\n </subparagraph>\n <subparagraph id=\"HD34210AFF1C34FD4AC6F0589EF597F54\">\n <enum>\n (B)\n </enum>\n <text>\n in subparagraph\n\t\t\t (D) by striking\n <quote>\n operating an employment and training program\n </quote>\n and\n\t\t\t inserting\n <quote>\n providing employment and training services consistent with\n\t\t\t section 6(d)(4)\n </quote>\n ,\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HD4C0F55CB9F54420909C320F0A2A17A9\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (3)\n\t\t\t by striking\n <quote>\n related to participation in an employment and training\n\t\t\t program\n </quote>\n and inserting\n <quote>\n the individual participating in employment\n\t\t\t and training activities\n </quote>\n ,\n </text>\n </paragraph>\n <paragraph id=\"HD6485E63C88B48B1A7EF5935DBE28EC0\">\n <enum>\n (3)\n </enum>\n <text>\n in paragraph (4)\n\t\t\t by striking\n <quote>\n for operating an employment and training program\n </quote>\n and\n\t\t\t inserting\n <quote>\n to provide employment and training services\n </quote>\n ,\n\t\t\t and\n </text>\n </paragraph>\n <paragraph id=\"H3403F634B17547D296CEC920DA53D693\">\n <enum>\n (4)\n </enum>\n <text>\n by amending\n\t\t\t paragraph (5) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HC73D3622479140D7BEAAE2B494F4E6AA\" style=\"OLC\">\n <paragraph id=\"H2177681306EE4029AA04F97F32283760\">\n <enum>\n (5)\n </enum>\n <header>\n Monitoring\n </header>\n <text display-inline=\"yes-display-inline\">\n The Secretary, in conjunction with the\n\t\t\t\tSecretary of Labor, shall monitor each State agency responsible for\n\t\t\t\tadministering employment and training services under section 6(d)(4) to ensure\n\t\t\t\tfunds are being spent effectively and efficiently. Each program of employment\n\t\t\t\tand training receiving funds under section 6(d)(4) shall be subject to the\n\t\t\t\trequirements of the performance accountability system, including having to meet\n\t\t\t\tthe state performance measures included in section 136 of the Workforce\n\t\t\t\tInvestment Act (29\n\t\t\t\tU.S.C.\n\t\t\t\t2871).\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H7A6AF536285044429BD2C1A9779A620F\">\n <enum>\n (f)\n </enum>\n <header>\n Research,\n\t\t\t demonstration, and evaluations\n </header>\n <text>\n Section 17 of the Food and\n\t\t\t Nutrition Act of 2008 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/7/2026\">\n 7 U.S.C. 2026\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HB85DD9E149EA4F82B3ACE84694881BE3\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (b)\n\t\t\t by striking paragraph (3), and\n </text>\n </paragraph>\n <paragraph id=\"HFC9942BCA279481489AA6FB2CEDDD72E\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection\n\t\t\t (g)—\n </text>\n <subparagraph id=\"H91F2019CD8AC470AA49D73ECD884C1D3\">\n <enum>\n (A)\n </enum>\n <text>\n by inserting\n <quote>\n , in conjunction with the Secretary of Labor,\n </quote>\n after\n <quote>\n Secretary\n </quote>\n , and\n </text>\n </subparagraph>\n <subparagraph id=\"H19DF5493418C4D50B105A7B90A808350\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n programs established\n </quote>\n and inserting\n <quote>\n activities provided to\n\t\t\t eligible households\n </quote>\n .\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H8A9E420C240F4D76A7D1FB53180ABCD3\">\n <enum>\n (g)\n </enum>\n <header>\n Minnesota family\n\t\t\t investment project\n </header>\n <text>\n Section 22(b)(4) of the Food and Nutrition Act\n\t\t\t of 2008 (7 U.S.C.\n\t\t\t 2031(b)(4)) is amended by striking\n <quote>\n equivalent to those\n\t\t\t offered under the employment and training program\n </quote>\n .\n </text>\n </subsection>\n </section>\n <section id=\"H44689469EF8446BD9B88F20E1CD30831\">\n <enum>\n 404.\n </enum>\n <header>\n Amendments to\n\t\t\t section 412 of the Immigration and Nationality Act\n </header>\n <subsection id=\"H29D91B5346F84723864DA46E867C6162\">\n <enum>\n (a)\n </enum>\n <header>\n Conditions and\n\t\t\t considerations\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 412(a)\n\t\t\t of the Immigration and Nationality Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/8/1522\">\n 8 U.S.C. 1522(a)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H6AE171C5975343A3A0FC03D6D4D699AF\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph\n\t\t\t (1)—\n </text>\n <subparagraph id=\"H63EAF8142A624208BC99948B370E7437\">\n <enum>\n (A)\n </enum>\n <text>\n in subparagraph\n\t\t\t (A)(i), by striking\n <quote>\n make available sufficient resources for employment\n\t\t\t training and placement\n </quote>\n and inserting\n <quote>\n provide refugees with the\n\t\t\t opportunity to access employment and training services, including job\n\t\t\t placement,\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HA637E6076CC940E0A4B4456E1E24A252\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in subparagraph (B)(ii), by striking\n <quote>\n services;\n </quote>\n and inserting\n <quote>\n services provided through the\n\t\t\t Workforce Investment Act of 1998 (29 U.S.C. 2801 et\n\t\t\t seq.);\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H7A4A807A72904C3FA5734964057F50CB\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph\n\t\t\t (2)(C)(iii)(II), by inserting\n <quote>\n and training\n </quote>\n after\n <quote>\n employment\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HE375AF1390B74C6D85E4233FBCD2DA31\">\n <enum>\n (3)\n </enum>\n <text>\n in paragraph\n\t\t\t (6)(A)(ii)—\n </text>\n <subparagraph id=\"HD05208ABCB354AE3875A3446B87FF067\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n insure\n </quote>\n and inserting\n <quote>\n ensure\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H3EBC63E06B824CF2A6C0458A73C941C2\">\n <enum>\n (B)\n </enum>\n <text>\n by inserting\n <quote>\n and training\n </quote>\n after\n <quote>\n employment\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H488A9B811DAA4CA28A817E83AFF3DE90\">\n <enum>\n (C)\n </enum>\n <text>\n by inserting after\n <quote>\n available\n </quote>\n the following:\n <quote>\n through the one-stop delivery\n\t\t\t system under section 121 of the Workforce Investment Act of 1998\n\t\t\t (29 U.S.C.\n\t\t\t 2841)\n </quote>\n ; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H05B5F222A1F8430896CA5AB1DDEEF178\">\n <enum>\n (4)\n </enum>\n <text>\n in paragraph (9),\n\t\t\t by inserting\n <quote>\n the Secretary of Labor,\n </quote>\n after\n <quote>\n Education,\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H72DFC3B839164A8AB34C0C883D1A4CF4\">\n <enum>\n (b)\n </enum>\n <header>\n Program of\n\t\t\t initial resettlement\n </header>\n <text>\n Section 412(b)(2) of such Act\n\t\t\t (8 U.S.C.\n\t\t\t 1522(b)(2)) is amended—\n </text>\n <paragraph id=\"HDA22CD5711BA45C49DED707EEAACFC1A\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n orientation, instruction\n </quote>\n and inserting\n <quote>\n orientation and\n\t\t\t instruction\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HE2B30210E643494A8768737361CB5496\">\n <enum>\n (2)\n </enum>\n <text>\n by striking\n <quote>\n , and job training for refugees, and such other education and training\n\t\t\t of refugees, as facilitates\n </quote>\n and inserting\n <quote>\n for refugees to\n\t\t\t facilitate\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HA75DCA704D854F5D915F4B7E4264610B\">\n <enum>\n (c)\n </enum>\n <header>\n Project grants\n\t\t\t and contracts for services for refugees\n </header>\n <text>\n Section 412(c) of such\n\t\t\t Act (8 U.S.C.\n\t\t\t 1522(c)) is amended—\n </text>\n <paragraph id=\"H7D847575EE674ED48092EF888DF1D5B3\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph\n\t\t\t (1)—\n </text>\n <subparagraph id=\"H1A5F1F14246A4709A0C7691CD7AEBB84\">\n <enum>\n (A)\n </enum>\n <text>\n in subparagraph\n\t\t\t (A)(i), by inserting\n <quote>\n and training\n </quote>\n after\n <quote>\n employment\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H703B4349138A49E099E8E6EBABEDB2A5\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n\t\t\t subparagraph (C);\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H7E2BEF70DA5F45A7BBE243AF0C05A66C\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in paragraph (2)(B), by striking\n <quote>\n paragraph—\n </quote>\n and all that follows through\n <quote>\n in a\n\t\t\t manner\n </quote>\n and inserting\n <quote>\n paragraph in a manner\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H3FFBA01EF0B94A53A76E38D451B7F5AA\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by adding at the end the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HEBC0E8D451EA46F48563486CBB9C9927\" style=\"traditional\">\n <paragraph id=\"H2F602B70777049F996897E7076D4CEF7\" indent=\"up1\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n In carrying out this section, the Director\n\t\t\t\tshall ensure that employment and training services are provided through the\n\t\t\t\tstatewide workforce development system, as appropriate, authorized by the\n\t\t\t\tWorkforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2801\">\n 29 U.S.C. 2801 et seq.\n </external-xref>\n ). Such\n\t\t\t\taction may include—\n </text>\n <subparagraph id=\"H980936585CEA495FBEC0F9826B54A872\">\n <enum>\n (A)\n </enum>\n <text>\n making employment and training\n\t\t\t\tservices as described under section 134 of such Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2864\">\n 29 U.S.C. 2864\n </external-xref>\n )\n\t\t\t\tavailable to refugees; and\n </text>\n </subparagraph>\n <subparagraph id=\"HA876D266EA224FA18BFE794143BAEB73\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n providing refugees with access to a\n\t\t\t\tone-stop delivery system under section 121 of such Act (29 U.S.C.\n\t\t\t\t2841).\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H8C2AB1C3960640AAA4846076468E7ED3\">\n <enum>\n (d)\n </enum>\n <header>\n Cash assistance\n\t\t\t and medical assistance to refugees\n </header>\n <text>\n Section 412(e) of such Act\n\t\t\t (8 U.S.C.\n\t\t\t 1522(e)) is amended—\n </text>\n <paragraph id=\"HE84F97B227B0452C9A90ADC911388320\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph\n\t\t\t (2)(A)(i), by inserting\n <quote>\n and training\n </quote>\n after\n <quote>\n providing\n\t\t\t employment\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H71F50434F9CA47F98E4D66427CF76BCE\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (3),\n\t\t\t by striking\n <quote>\n The\n </quote>\n and inserting\n <quote>\n Consistent with subsection\n\t\t\t (c)(3), the\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n </section>\n <section commented=\"no\" id=\"H81EDFD27619D46518F18378BE2A0E6F8\">\n <enum>\n 405.\n </enum>\n <header>\n Amendments\n\t\t\t relating to the Second Chance Act of 2007\n </header>\n <subsection id=\"HAC59A118A11445D0997CBE0ED9DB2F2B\">\n <enum>\n (a)\n </enum>\n <header>\n Federal Prisoner\n\t\t\t Reentry Initiative\n </header>\n <text display-inline=\"yes-display-inline\">\n Section\n\t\t\t 231 of the Second Chance Act of 2007 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/17541\">\n 42 U.S.C. 17541\n </external-xref>\n ) is\n\t\t\t amended—\n </text>\n <paragraph commented=\"no\" id=\"HF3E48A877C9946878A20B59442C0DBE8\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in subsection (a)(1)(E)—\n </text>\n <subparagraph commented=\"no\" id=\"H5C0F935E2B5042F3911E72F6FC3DC87D\">\n <enum>\n (A)\n </enum>\n <text>\n by inserting\n <quote>\n the Department of Labor and\n </quote>\n before\n <quote>\n other Federal\n\t\t\t agencies\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H2CE8BE55BFA24AEBAD57DE744F66167D\">\n <enum>\n (B)\n </enum>\n <text>\n by inserting\n <quote>\n State and local workforce investment boards,\n </quote>\n after\n <quote>\n community-based organizations,\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph commented=\"no\" id=\"HBA371B4DAC75493484F40B24202C866D\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection\n\t\t\t (c)—\n </text>\n <subparagraph commented=\"no\" id=\"H980432CECF2E4EFD800909A3DF27D3EF\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (2),\n\t\t\t by striking at the end\n <quote>\n and\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"HF663E58D473C49EB991DD0A5B58C1A23\">\n <enum>\n (B)\n </enum>\n <text>\n in paragraph (3),\n\t\t\t by striking at the end the period and inserting\n <quote>\n ; and\n </quote>\n ;\n\t\t\t and\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H903831A259904F4FB24945DA29716563\">\n <enum>\n (C)\n </enum>\n <text>\n by adding at the\n\t\t\t end the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H3322C7F1CF9646219A21C91097B6121B\" style=\"OLC\">\n <paragraph commented=\"no\" id=\"HE6150FA153CF4A5681B15C75CD72BDDC\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to coordinate reentry programs with the\n\t\t\t\temployment and training services provided through the statewide workforce\n\t\t\t\tinvestment system under subtitle B of title I of the Workforce Investment Act\n\t\t\t\tof 1998 (29 U.S.C.\n\t\t\t\t2811 et seq.).\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n\t\t\t\tand\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph commented=\"no\" id=\"HC304B46F240B41FAA6875E291011064D\">\n <enum>\n (3)\n </enum>\n <text>\n in subsection (d),\n\t\t\t by adding at the end the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HD46381AF3E0442E9A19DA9AA310FDD86\" style=\"OLC\">\n <paragraph commented=\"no\" id=\"H4E74CEA3742B48FB8182F12A1E04C0F9\">\n <enum>\n (6)\n </enum>\n <header>\n Interaction with\n\t\t\t\tthe workforce investment system\n </header>\n <subparagraph commented=\"no\" id=\"H658ACC1E849E4D83AF72DE967C131965\">\n <enum>\n (A)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text display-inline=\"yes-display-inline\">\n In carrying out this\n\t\t\t\tsection, the Director shall ensure that employment and training services,\n\t\t\t\tincluding such employment and services offered through reentry programs, are\n\t\t\t\tprovided, as appropriate, through the statewide workforce investment system\n\t\t\t\tunder subtitle B of title I of the Workforce Investment Act of 1998\n\t\t\t\t(29 U.S.C. 2811 et\n\t\t\t\tseq.). Such action may include—\n </text>\n <clause commented=\"no\" id=\"H323DA3B06DDD4D848308EC0A29A634BF\">\n <enum>\n (i)\n </enum>\n <text>\n making employment\n\t\t\t\tand training services available to prisoners prior to and immediately following\n\t\t\t\tthe release of such prisoners; or\n </text>\n </clause>\n <clause commented=\"no\" id=\"HEACF056CBF9D408D8EAE6958A5B962F8\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n providing prisoners with access by remote\n\t\t\t\tmeans to a one-stop delivery system under section 121 of the Workforce\n\t\t\t\tInvestment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2841\">\n 29 U.S.C. 2841\n </external-xref>\n ) in the State in\n\t\t\t\twhich the prison involved is located.\n </text>\n </clause>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"HA412901CF32F4B63AD025D4E14148CCF\">\n <enum>\n (B)\n </enum>\n <header>\n Service\n\t\t\t\tdefined\n </header>\n <text display-inline=\"yes-display-inline\">\n In this paragraph,\n\t\t\t\tthe term\n <term>\n employment and training services\n </term>\n means those services\n\t\t\t\tdescribed in section 134 of the Workforce Investment Act of 1998\n\t\t\t\t(29 U.S.C.\n\t\t\t\t2864) offered by the Bureau of Prisons, including—\n </text>\n <clause commented=\"no\" id=\"HAEBD78D2A5A64641B119C10AA0777723\">\n <enum>\n (i)\n </enum>\n <text>\n the skills\n\t\t\t\tassessment described in subsection (a)(1)(A);\n </text>\n </clause>\n <clause commented=\"no\" id=\"H9BBB0B0FFF824360AF2C3BF4325C7BAB\">\n <enum>\n (ii)\n </enum>\n <text>\n the skills\n\t\t\t\tdevelopment plan described in subsection (a)(1)(B); and\n </text>\n </clause>\n <clause commented=\"no\" id=\"HD22FC9AD229444748CCA798D29366074\">\n <enum>\n (iii)\n </enum>\n <text>\n the enhancement,\n\t\t\t\tdevelopment, and implementation of reentry and skills development\n\t\t\t\tprograms.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" id=\"HA19E41A6D63048EA8EC63F0A532E86B3\">\n <enum>\n (b)\n </enum>\n <header>\n Duties of the\n\t\t\t Bureau of Prisons\n </header>\n <text>\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/18/4042\">\n Section 4042(a)(5)(E)\n </external-xref>\n of title 18,\n\t\t\t United States Code, is amended—\n </text>\n <paragraph commented=\"no\" id=\"HC9D35F61FAD24DB0B17E8D453B49760A\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in clause (ii), by striking\n <quote>\n Employment\n </quote>\n and inserting\n <quote>\n Employment and training services\n\t\t\t (as defined in paragraph (6) of section 231(d) of the Second Chance Act of\n\t\t\t 2007), including basic skills attainment, consistent with such\n\t\t\t paragraph\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"H56E3E8834B784154A7A925EB22C50527\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking clause (iii); and\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"H9265527362E6456A96E57C807407E2F1\">\n <enum>\n (3)\n </enum>\n <text>\n by redesignating\n\t\t\t clauses (iv), (v), (vi), and (vii) as clauses (iii), (iv), (v), and (vi),\n\t\t\t respectively.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"HDD59B6B45A2E4168BCFB6E7E81F0962D\">\n <enum>\n 406.\n </enum>\n <header>\n Amendments to\n\t\t\t the Omnibus Crime Control and Safe Streets Act of 1968\n </header>\n <text display-inline=\"no-display-inline\">\n Section 2976 of the Omnibus Crime Control\n\t\t\t and Safe Streets Act of 1968 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/3797w\">\n 42 U.S.C. 3797w\n </external-xref>\n ) is\n\t\t\t amended—\n </text>\n <paragraph id=\"H03EBC72CF8134C1CA380885B6158C19E\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection\n\t\t\t (b)—\n </text>\n <subparagraph id=\"H8463136CE7EA4E9AA8AA7C3118806902\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (1),\n\t\t\t by striking\n <quote>\n vocational\n </quote>\n and inserting\n <quote>\n career and technical\n\t\t\t education (as defined in section 3 of the Carl D. Perkins Career and Technical\n\t\t\t Education Act of 2006 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/2302\">\n 20 U.S.C. 2302\n </external-xref>\n )) and\n\t\t\t training\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H68C42B0A89104DF7AB1F5240BA3689E8\">\n <enum>\n (B)\n </enum>\n <text>\n by redesignating\n\t\t\t each of paragraphs (4) through (7) as paragraphs (5) through (8), respectively;\n\t\t\t and\n </text>\n </subparagraph>\n <subparagraph id=\"H68FE2D783CD8411ABCC62B898553C68D\">\n <enum>\n (C)\n </enum>\n <text>\n by inserting after\n\t\t\t paragraph (3) the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HDE9FB19B76FF45FFA67700F9F31A6E2A\" style=\"OLC\">\n <paragraph id=\"HDEAB617A6302493982876DA9866EDC9A\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n coordinating employment and training\n\t\t\t\tservices provided through the statewide workforce investment system under\n\t\t\t\tsubtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et\n\t\t\t\tseq.), including a one-stop delivery system under section 121\n\t\t\t\tof such Act (29\n\t\t\t\tU.S.C. 2841), for offenders upon release from prison, jail, or\n\t\t\t\ta juvenile facility, as\n\t\t\t\tappropriate;\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H4F8728BFCA1F4CCDBDAF4C06334FA985\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection\n\t\t\t (d)(2), by inserting\n <quote>\n , including local workforce investment boards\n\t\t\t established under section 117 of the Workforce Investment Act of 1998\n\t\t\t (29 U.S.C.\n\t\t\t 2832),\n </quote>\n after\n <quote>\n nonprofit\n\t\t\t organizations\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H558864DFE3A5408090AD7E157272B2A5\">\n <enum>\n (3)\n </enum>\n <text>\n in subsection\n\t\t\t (e)—\n </text>\n <subparagraph id=\"HE84F5D27032A41309976CC568A606A54\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (3),\n\t\t\t by striking\n <quote>\n victims services, and employment services\n </quote>\n and\n\t\t\t inserting\n <quote>\n and victim services\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H71E6DDBA28054139A1EDE1A985E66457\">\n <enum>\n (B)\n </enum>\n <text>\n by redesignating\n\t\t\t paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and\n </text>\n </subparagraph>\n <subparagraph id=\"H9E093940D0F945F7B9F30F802BE5C375\">\n <enum>\n (C)\n </enum>\n <text>\n by inserting after\n\t\t\t paragraph (3) the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H0F9AD79980E94D91B39FB0E357702DB8\" style=\"OLC\">\n <paragraph id=\"H92957C81EF3B44648D7B4014D4476ABF\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n provides employment and training services\n\t\t\t\tthrough the statewide workforce investment system under subtitle B of title I\n\t\t\t\tof the Workforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2811\">\n 29 U.S.C. 2811 et seq.\n </external-xref>\n ), including\n\t\t\t\ta one-stop delivery system under section 121 of such Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2841\">\n 29 U.S.C. 2841\n </external-xref>\n );\n\t\t\t\tand\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HCD171D4E49CB41CABF2EA417B249ADF6\">\n <enum>\n (4)\n </enum>\n <text>\n in subsection\n\t\t\t (k)—\n </text>\n <subparagraph id=\"HD586E5D458EA4ED195171CC23351D9AB\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph\n\t\t\t (1)(A), by inserting\n <quote>\n , in accordance with paragraph (2)\n </quote>\n after\n <quote>\n under this section\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"HB33D3BF82A6449289995F20F9C7BC55F\">\n <enum>\n (B)\n </enum>\n <text>\n by redesignating\n\t\t\t paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and\n </text>\n </subparagraph>\n <subparagraph id=\"HBD43A26F796E41E59D11B27872062172\">\n <enum>\n (C)\n </enum>\n <text>\n by inserting after\n\t\t\t paragraph (1) the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HF39877BAC0BF4269B2EC78BEA94F7656\" style=\"OLC\">\n <paragraph id=\"HEC8750E1311045E7BD286A85805F1E44\">\n <enum>\n (2)\n </enum>\n <header>\n Employment and\n\t\t\t\ttraining\n </header>\n <text display-inline=\"yes-display-inline\">\n The Attorney General\n\t\t\t\tshall require each grantee under this section to measure the core indicators of\n\t\t\t\tperformance as described in section 136(b)(2)(A) of the Workforce Investment\n\t\t\t\tAct of 1998 (29\n\t\t\t\tU.S.C. 2871(b)(2)(A)) with respect to the program of such\n\t\t\t\tgrantee funded with a grant under this\n\t\t\t\tsection.\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n </section>\n <section id=\"H479747CBAE314158BDBDE33661A4AB31\">\n <enum>\n 407.\n </enum>\n <header>\n Conforming\n\t\t\t amendments to the United States Code\n </header>\n <text display-inline=\"no-display-inline\">\n Title 38, United States Code, is\n\t\t\t amended—\n </text>\n <paragraph id=\"H37A491B1DB6741BFB4E4E67F51F4D5E4\">\n <enum>\n (1)\n </enum>\n <text>\n by striking the\n\t\t\t item relating to section 4103A and section 4104 in the table of sections at the\n\t\t\t beginning of chapter 41 of such title;\n </text>\n </paragraph>\n <paragraph id=\"H92C2979B93174C168ABC1F12E1012A37\">\n <enum>\n (2)\n </enum>\n <text>\n in section\n\t\t\t 4102A—\n </text>\n <subparagraph id=\"HE01FB1C35ADF489D824150DD3D24AEED\">\n <enum>\n (A)\n </enum>\n <text>\n in subsection\n\t\t\t (b)—\n </text>\n <clause id=\"H5E528A0D5EA14DDAA6CA69A88A0B8F95\">\n <enum>\n (i)\n </enum>\n <text>\n by\n\t\t\t striking paragraphs (5), (6), and (7);\n </text>\n </clause>\n <clause id=\"H0B1F0E19247747438EB7212EA769D330\">\n <enum>\n (ii)\n </enum>\n <text>\n by\n\t\t\t redesignating paragraph (8) as paragraph (5);\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H3B243F75062F45D184A1AA32BF0D8D8C\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n\t\t\t subsections (c) and (h);\n </text>\n </subparagraph>\n <subparagraph id=\"HA946603AA1AA4BC1ABE2CEE662B08FC0\">\n <enum>\n (C)\n </enum>\n <text>\n by redesignating\n\t\t\t subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and\n\t\t\t (f);\n </text>\n </subparagraph>\n <subparagraph id=\"HE37A86B0954E424085AEE239FD55CF27\">\n <enum>\n (D)\n </enum>\n <text>\n in subsection\n\t\t\t (e)(1) (as so redesignated)—\n </text>\n <clause id=\"H3D37D688C15442029DE6B9A5DB41BE96\">\n <enum>\n (i)\n </enum>\n <text>\n by\n\t\t\t striking\n <quote>\n , including disabled veterans’ outreach program specialists and\n\t\t\t local veterans' employment representatives providing employment, training, and\n\t\t\t placement services under this chapter in a State\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"HA68E0F8C811B489C9F8DA9EEE1C54E28\">\n <enum>\n (ii)\n </enum>\n <text>\n by\n\t\t\t striking\n <quote>\n for purposes of subsection (c)\n </quote>\n .\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H7E96738DBAAE4D68825FBC0529E90750\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in section 4109(a), by striking\n <quote>\n disabled veterans’ outreach program specialists and local veterans’\n\t\t\t employment representative\n </quote>\n and inserting\n <quote>\n veteran employment\n\t\t\t specialists appointed under section 134(f) of the Workforce Investment Act of\n\t\t\t 1998\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H9D948D621BD94C11B7F886C4D623DC27\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in section 4109(d)(1), by striking\n <quote>\n disabled veterans’ outreach program specialists and local veterans’\n\t\t\t employment representatives\n </quote>\n and inserting\n <quote>\n veteran employment\n\t\t\t specialists appointed under section 134(f) of the Workforce Investment Act of\n\t\t\t 1998\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H787EAA2E58F543C5AC675AC4360A531F\">\n <enum>\n (5)\n </enum>\n <text>\n in section\n\t\t\t 4112(d)—\n </text>\n <subparagraph id=\"H284B642F46F84F1C8FDEDD300C8FA13E\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (1),\n\t\t\t by striking\n <quote>\n disabled veterans’ outreach program specialist\n </quote>\n and\n\t\t\t inserting\n <quote>\n veteran employment specialist appointed under section 134(f)\n\t\t\t of the Workforce Investment Act of 1998\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H8DED2ED868604B61858F16BC804362D4\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n\t\t\t paragraph (2) and redesignating paragraph (3) as paragraph (2);\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H098E3340D8C44527A1286DC5F76701AD\">\n <enum>\n (6)\n </enum>\n <text>\n in section\n\t\t\t 3672(d)(1), by striking\n <quote>\n disabled veterans’ outreach program specialists\n\t\t\t under section 4103A\n </quote>\n and inserting\n <quote>\n veteran employment specialists\n\t\t\t appointed under section 134(f) of the Workforce Investment Act of 1998\n </quote>\n ;\n\t\t\t and\n </text>\n </paragraph>\n <paragraph id=\"H653029BD357E48AAA85FAEFE466B6B9C\">\n <enum>\n (7)\n </enum>\n <text>\n in section\n\t\t\t 4104A—\n </text>\n <subparagraph id=\"HF04DDC2708644D56A1B99D62DC34BD30\">\n <enum>\n (A)\n </enum>\n <text>\n in subsection\n\t\t\t (b)(1), by striking subparagraph (A) and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HB7C3076E2C504B25AF44B6A6017273E8\" style=\"USC\">\n <subparagraph id=\"H3574E8A489BB405A96B28B15B3A7DC81\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the appropriate veteran employment\n\t\t\t\tspecialist (in carrying out the functions described in section 134(f) of the\n\t\t\t\tWorkforce Investment Act of 1998);\n </text>\n </subparagraph>\n <after-quoted-block>\n ;\n\t\t\t\tand\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H925EC2849C8D4F23AD25E71D2523F318\">\n <enum>\n (B)\n </enum>\n <text>\n in subsection\n\t\t\t (c)(1), by striking subparagraph (A) and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HF8544CBF9C414F47B89272928FEF53BB\" style=\"OLC\">\n <subparagraph id=\"H4CC976C86BBD4D8594312E63DB8AADB9\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n collaborate with the appropriate veteran\n\t\t\t\temployment specialist (as described in section 134(f)) and the appropriate\n\t\t\t\tState boards and local boards (as such terms are defined in section 101 of the\n\t\t\t\tWorkforce Investment Act of 1998 (29 U.S.C.\n\t\t\t\t2801));\n </text>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n </section>\n <section commented=\"no\" id=\"HA87E688A14A04C99940F028453DEA032\">\n <enum>\n 408.\n </enum>\n <header>\n Conforming\n\t\t\t amendment to table of contents\n </header>\n <text display-inline=\"no-display-inline\">\n The table of contents in section 1(b) is\n\t\t\t amended to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H52695745E142462A91EA93C6C9EB9DB5\" style=\"OLC\">\n <toc>\n <toc-entry level=\"section\">\n Sec. 1. Short title; table of\n\t\t\t\tcontents.\n </toc-entry>\n <toc-entry level=\"title\">\n TITLE I—WORKFORCE INVESTMENT\n\t\t\t\tSYSTEMS\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle A—Workforce Investment\n\t\t\t\tDefinitions\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 101. Definitions.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle B—Statewide and Local Workforce\n\t\t\t\tInvestment Systems\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 106. Purpose.\n </toc-entry>\n <toc-entry level=\"chapter\">\n Chapter 1—State Provisions\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 111. State workforce investment\n\t\t\t\tboards.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 112. State plan.\n </toc-entry>\n <toc-entry level=\"chapter\">\n Chapter 2—Local Provisions\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 116. Local workforce investment\n\t\t\t\tareas.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 117. Local workforce investment\n\t\t\t\tboards.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 118. Local plan.\n </toc-entry>\n <toc-entry level=\"chapter\">\n Chapter 3—Workforce Investment Activities\n\t\t\t\tProviders\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 121. Establishment of one-stop\n\t\t\t\tdelivery systems.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 122. Identification of eligible\n\t\t\t\tproviders of training services.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 123. [Repealed].\n </toc-entry>\n <toc-entry level=\"chapter\">\n Chapter 4—[Repealed]\n </toc-entry>\n <toc-entry level=\"chapter\">\n Chapter 5—Employment and Training\n\t\t\t\tActivities\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 131. General\n\t\t\t\tauthorization.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 132. State allotments.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 133. Within State\n\t\t\t\tallocations.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 134. Use of funds for employment and\n\t\t\t\ttraining activities.\n </toc-entry>\n <toc-entry level=\"chapter\">\n Chapter 6—General Provisions\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 136. Performance accountability\n\t\t\t\tsystem.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 137. Authorization of\n\t\t\t\tappropriations.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle C—Job Corps\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 141. Purposes.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 142. Definitions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 143. Establishment.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 144. Individuals eligible for the Job\n\t\t\t\tCorps.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 145. Recruitment, screening,\n\t\t\t\tselection, and assignment of enrollees.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 146. Enrollment.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 147. Job Corps centers.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 148. Program activities.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 149. Counseling and job\n\t\t\t\tplacement.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 150. Support.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 151. Operations.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 152. Standards of\n\t\t\t\tconduct.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 153. Community\n\t\t\t\tparticipation.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 154. Workforce councils.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 155. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 156. Technical assistance to\n\t\t\t\tcenters.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 157. Application of provisions of\n\t\t\t\tFederal law.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 158. Special provisions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 159. Performance accountability and\n\t\t\t\tmanagement.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 160. General provisions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 161. Authorization of\n\t\t\t\tappropriations.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle D—National Programs\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 166. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 167. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 168. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 169. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 170. Technical\n\t\t\t\tassistance.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 171. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 172. Evaluations.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 173. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 173A. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 174. [Repealed].\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle E—Administration\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 181. Requirements and\n\t\t\t\trestrictions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 182. Prompt allocation of\n\t\t\t\tfunds.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 183. Monitoring.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 184. Fiscal controls;\n\t\t\t\tsanctions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 185. Reports; recordkeeping;\n\t\t\t\tinvestigations.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 186. Administrative\n\t\t\t\tadjudication.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 187. Judicial review.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 188. Nondiscrimination.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 189. Administrative\n\t\t\t\tprovisions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 190. References.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 191. State legislative\n\t\t\t\tauthority.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 192. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 193. Transfer of Federal equity in\n\t\t\t\tState employment security real property to the States.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 194. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 195. General program\n\t\t\t\trequirements.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 196. Federal agency\n\t\t\t\tstaff.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 197. Restrictions on lobbying and\n\t\t\t\tpolitical activities.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle F—Repeals and Conforming\n\t\t\t\tAmendments\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 199. Repeals.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 199A. Conforming\n\t\t\t\tamendments.\n </toc-entry>\n <toc-entry level=\"title\">\n TITLE II—ADULT EDUCATION AND FAMILY LITERACY\n\t\t\t\tEDUCATION\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 201. Short title.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 202. Purpose.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 203. Definitions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 204. Home schools.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 205. Authorization of\n\t\t\t\tappropriations.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle A—Federal Provisions\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 211. Reservation of funds; grants to\n\t\t\t\teligible agencies; allotments.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 212. Performance accountability\n\t\t\t\tsystem.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle B—State Provisions\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 221. State\n\t\t\t\tadministration.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 222. State distribution of funds;\n\t\t\t\tmatching requirement.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 223. State leadership\n\t\t\t\tactivities.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 224. State plan.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 225. Programs for corrections\n\t\t\t\teducation and other institutionalized individuals.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle C—Local Provisions\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 231. Grants and contracts for\n\t\t\t\teligible providers.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 232. Local application.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 233. Local administrative cost\n\t\t\t\tlimits.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle D—General Provisions\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 241. Administrative\n\t\t\t\tprovisions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 242. National activities.\n </toc-entry>\n <toc-entry level=\"title\">\n TITLE III—WORKFORCE INVESTMENT-RELATED\n\t\t\t\tACTIVITIES\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle A—Wagner-Peyser Act\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 301. Definitions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 302. Functions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 303. Designation of State\n\t\t\t\tagencies.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 304. Appropriations.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 305. Disposition of allotted\n\t\t\t\tfunds.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 306. State plans.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 307. Repeal of Federal advisory\n\t\t\t\tcouncil.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 308. Regulations.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 309. Employment\n\t\t\t\tstatistics.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 310. Technical\n\t\t\t\tamendments.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 311. Effective date.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle B—Linkages With Other\n\t\t\t\tPrograms\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 321. Trade Act of 1974.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 322. Veterans' employment\n\t\t\t\tprograms.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 323. Older Americans Act of\n\t\t\t\t1965.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle C—[Repealed]\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle D—Application of Civil Rights\n\t\t\t\tand Labor-Management Laws to the Smithsonian Institution\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 341. Application of civil rights and\n\t\t\t\tlabor-management laws to the Smithsonian Institution.\n </toc-entry>\n <toc-entry level=\"title\">\n TITLE IV—REHABILITATION ACT AMENDMENTS OF\n\t\t\t\t1998\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 401. Short title.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 402. Title.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 403. General provisions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 404. Vocational rehabilitation\n\t\t\t\tservices.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 405. Research and\n\t\t\t\ttraining.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 406. Professional development and\n\t\t\t\tspecial projects and demonstrations.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 407. National Council on\n\t\t\t\tDisability.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 408. Rights and advocacy.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 409. Employment opportunities for\n\t\t\t\tindividuals with disabilities.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 410. Independent living services and\n\t\t\t\tcenters for independent living.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 411. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 412. Helen Keller National Center\n\t\t\t\tAct.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 413. President's Committee on\n\t\t\t\tEmployment of People With Disabilities.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 414. Conforming\n\t\t\t\tamendments.\n </toc-entry>\n <toc-entry level=\"title\">\n TITLE V—GENERAL PROVISIONS\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 501. State unified plan.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 502. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 503. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 504. Privacy.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 505. Buy-American\n\t\t\t\trequirements.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 506. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 507. Effective\n\t\t\t\tdate.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n \n \n <enum>\n V\n </enum>\n <header>\n AMENDMENTS TO THE\n\t\t\t REHABILITATION ACT OF 1973\n </header>\n <section id=\"HC22C8C5CF113484B8C604FB6D0B119CD\">\n <enum>\n 501.\n </enum>\n <header>\n Findings\n </header>\n <text display-inline=\"no-display-inline\">\n Section 2(a) of the Rehabilitation Act of\n\t\t\t 1973 (29 U.S.C.\n\t\t\t 701(a)) is amended—\n </text>\n <paragraph id=\"H3760D54ED4F44E5DAA4F03DF8472793E\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph (5),\n\t\t\t by striking\n <quote>\n and\n </quote>\n at the end;\n </text>\n </paragraph>\n <paragraph id=\"HE83FB107546A46D9BB5BB2DFF69157CF\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (6),\n\t\t\t by striking the period and inserting\n <quote>\n ; and\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H9A5CFC81911A4863A5231FC847C1B375\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the\n\t\t\t end the following:\n </text>\n <quoted-block id=\"H238CC78EFC784CB9B6B409FEF2B73A8F\" style=\"OLC\">\n <paragraph id=\"H6A9B304AEB924545ACA88B8E3AF944D1\">\n <enum>\n (7)\n </enum>\n <text>\n there is a\n\t\t\t\tsubstantial need to improve and expand services for students with disabilities\n\t\t\t\tunder this\n\t\t\t\tAct.\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"HB349E2D2A53F4488B5B7EA505D1C5A8A\">\n <enum>\n 502.\n </enum>\n <header>\n Rehabilitation\n\t\t\t services administration\n </header>\n <subsection id=\"H77EE6F3092274FFDB74B239BF650DF48\">\n <enum>\n (a)\n </enum>\n <header>\n Rehabilitation\n\t\t\t services administration\n </header>\n <text>\n The Rehabilitation Act of 1973\n\t\t\t (29 U.S.C. 701 et\n\t\t\t seq.) is amended—\n </text>\n <paragraph id=\"H73030AD3DAD7455FB63C2FA90D1355C5\">\n <enum>\n (1)\n </enum>\n <text>\n in section 3(a)\n\t\t\t (29 U.S.C.\n\t\t\t 702(a))—\n </text>\n <subparagraph id=\"HFCD7E6609B4D4B4088D79E8A8639E598\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n Office of the Secretary\n </quote>\n and inserting\n <quote>\n Department of\n\t\t\t Education\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H31AD60A154834C19A90B6E0BB5C98D69\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n President by and with the advice and consent of the Senate\n </quote>\n and\n\t\t\t inserting\n <quote>\n Secretary\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HC0EF557B54944E8D9DEE6627856B883E\">\n <enum>\n (C)\n </enum>\n <text>\n by striking\n <quote>\n , and the Commissioner shall be the principal officer,\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HD128CB3FA62C4C33BA7E68B1A066019F\">\n <enum>\n (2)\n </enum>\n <text>\n by striking\n <quote>\n Commissioner\n </quote>\n each place it appears (except in section 21) and\n\t\t\t inserting\n <quote>\n Director\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H1DEDBB40C7F443C38B0AA9D43589DEF7\">\n <enum>\n (3)\n </enum>\n <text>\n in section 12(c)\n\t\t\t (29 U.S.C.\n\t\t\t 709), by striking\n <quote>\n Commissioner’s\n </quote>\n and inserting\n <quote>\n Director’s\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H2BDE053367C341E0914E3C38DCFF9EAB\">\n <enum>\n (4)\n </enum>\n <text>\n in the heading for\n\t\t\t subparagraph (B) of section 100(d)(2), by striking\n <quote>\n <header-in-text level=\"subparagraph\" style=\"OLC\">\n commissioner\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"subparagraph\" style=\"OLC\">\n director\n </header-in-text>\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HB80274155D0A4E989689326FE76BA7D2\">\n <enum>\n (5)\n </enum>\n <text>\n in the heading for\n\t\t\t section 706, by striking\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n commissioner\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n director\n </header-in-text>\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H20B6696F2EF94B9A8EA0A8DF4CF0F08E\">\n <enum>\n (6)\n </enum>\n <text>\n in the heading for\n\t\t\t paragraph (3) of section 723(a), by striking\n <quote>\n <header-in-text level=\"paragraph\" style=\"OLC\">\n commissioner\n </header-in-text>\n </quote>\n and\n\t\t\t inserting\n <quote>\n <header-in-text level=\"paragraph\" style=\"OLC\">\n director\n </header-in-text>\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HC0E09F68701A4CDD935DE27C6B49E290\">\n <enum>\n (7)\n </enum>\n <text>\n in section 21\n\t\t\t (29 U.S.C.\n\t\t\t 718)—\n </text>\n <subparagraph id=\"H9773AD7DAB8A4D279561EE754945EEEB\">\n <enum>\n (A)\n </enum>\n <text>\n in subsection\n\t\t\t (b)(1)—\n </text>\n <clause id=\"H09D9C1C9D00E474CBFB47C43073E6FEF\">\n <enum>\n (i)\n </enum>\n <text>\n by\n\t\t\t striking\n <quote>\n Commissioner\n </quote>\n the first place it appears and inserting\n <quote>\n Director of the Rehabilitation Services Administration\n </quote>\n ;\n </text>\n </clause>\n <clause id=\"H1F77EFDB59864884B138848350F7C740\">\n <enum>\n (ii)\n </enum>\n <text>\n by\n\t\t\t striking\n <quote>\n (referred to in this subsection as the\n <quote>\n Director\n </quote>\n )\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"H9027BB6E4992461E97603986FF59B867\">\n <enum>\n (iii)\n </enum>\n <text>\n by\n\t\t\t striking\n <quote>\n The Commissioner and the Director\n </quote>\n and inserting\n <quote>\n Both such Directors\n </quote>\n ; and\n </text>\n </clause>\n </subparagraph>\n <subparagraph display-inline=\"no-display-inline\" id=\"H03BA03DA410E4B61AF79A81C55B64E62\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n the Commissioner and the Director\n </quote>\n each place it appears and\n\t\t\t inserting\n <quote>\n both such Directors\n </quote>\n .\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H212F5226F58F46DEA98140FEB3A1E8CC\">\n <enum>\n (b)\n </enum>\n <header>\n Effective date;\n\t\t\t application\n </header>\n <text>\n The amendments made by subsection (a) shall—\n </text>\n <paragraph id=\"H9F1201A87A2D4E13BE92BF3E2FF8F232\">\n <enum>\n (1)\n </enum>\n <text>\n take effect on the\n\t\t\t date of the enactment of this Act; and\n </text>\n </paragraph>\n <paragraph id=\"HEE0E2C6575A9427DA68A83A9B8519C94\">\n <enum>\n (2)\n </enum>\n <text>\n apply with respect\n\t\t\t to the appointments of Directors of the Rehabilitation Services Administration\n\t\t\t made on or after the date of enactment of this Act, and the Directors so\n\t\t\t appointed.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H9340458489404FAF9EEC3F1B12B3B909\">\n <enum>\n 503.\n </enum>\n <header>\n Definitions\n </header>\n <text display-inline=\"no-display-inline\">\n Section 7 of the Rehabilitation Act of 1973\n\t\t\t (29 U.S.C.\n\t\t\t 705) is amended—\n </text>\n <paragraph id=\"HDA4C56B8F959437492C81FC48345A77F\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating\n\t\t\t paragraphs (35) through (39) as paragraphs (36) through (40),\n\t\t\t respectively;\n </text>\n </paragraph>\n <paragraph id=\"H4FB66CCA56344BB8AE91E27BB166F266\">\n <enum>\n (2)\n </enum>\n <text>\n in subparagraph\n\t\t\t (A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking\n <quote>\n paragraph (36)(C)\n </quote>\n and inserting\n <quote>\n paragraph\n\t\t\t (37)(C)\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HD8FBBBD5C69E4C7CAE4FDB7C9FF6920F\">\n <enum>\n (3)\n </enum>\n <text>\n by inserting after\n\t\t\t paragraph (34) the following:\n </text>\n <quoted-block id=\"HE0B53730535A4B66A47EFB05C9C55EA3\" style=\"OLC\">\n <paragraph id=\"H890675191159482889F1731E99BC754C\">\n <enum>\n (35)\n </enum>\n <subparagraph commented=\"no\" display-inline=\"yes-display-inline\" id=\"H949D1CC6594344E49AE60F437BCCEE85\">\n <enum>\n (A)\n </enum>\n <text>\n The term\n <term>\n student\n\t\t\t\twith a disability\n </term>\n means an individual with a disability who—\n </text>\n <clause id=\"H17D4C1277FFA4FC485A49886C829F512\">\n <enum>\n (i)\n </enum>\n <text>\n is\n\t\t\t\tnot younger than 16 and not older than 21;\n </text>\n </clause>\n <clause id=\"HB4691E65941340149B8469F19B7F5A93\">\n <enum>\n (ii)\n </enum>\n <text>\n has been\n\t\t\t\tdetermined to be eligible under section 102(a) for assistance under this title;\n\t\t\t\tand\n </text>\n </clause>\n <clause id=\"H48B61AF77C3747B1ADC967A95BE8DB3C\">\n <enum>\n (iii)\n </enum>\n <subclause commented=\"no\" display-inline=\"yes-display-inline\" id=\"H215A1FF4F16B4EBBA9810A4A2F22ACFA\">\n <enum>\n (I)\n </enum>\n <text>\n is eligible for, and is\n\t\t\t\treceiving, special education under part B of the Individuals with Disabilities\n\t\t\t\tEducation Act (20\n\t\t\t\tU.S.C. 1411 et seq.); or\n </text>\n </subclause>\n <subclause id=\"HE7A5CE48CFAD4A2E94D15CA3873C185E\" indent=\"up1\">\n <enum>\n (II)\n </enum>\n <text>\n is an individual with a disability, for\n\t\t\t\tpurposes of section 504.\n </text>\n </subclause>\n </clause>\n </subparagraph>\n <subparagraph id=\"H9BA8082F12024BE69AE1EBC6649FEAD7\" indent=\"up1\">\n <enum>\n (B)\n </enum>\n <text>\n The term\n <term>\n students with\n\t\t\t\tdisabilities\n </term>\n means more than 1 student with a\n\t\t\t\tdisability.\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H2DD816876AFC4C66B7E527CAAECFCA6B\">\n <enum>\n 504.\n </enum>\n <header>\n State\n\t\t\t plan\n </header>\n <text display-inline=\"no-display-inline\">\n Section 101(a) of the\n\t\t\t Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/721\">\n 29 U.S.C. 721(a)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HA668D2F93F74409FA7BFE4F6FEFFEFF0\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph\n\t\t\t (10)(B) by striking\n <quote>\n on the eligible individuals\n </quote>\n and all that\n\t\t\t follows through\n <quote>\n section 136(d)(2)\n </quote>\n and inserting\n <quote>\n of\n\t\t\t information necessary to assess the State’s performance on the core indicators\n\t\t\t of performance described in section 136(b)(2)(A)\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HCF0D8BF1D47A42748B12B64E2CA87AF6\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph\n\t\t\t (11)—\n </text>\n <subparagraph id=\"HEF25D159187344C08C7503A1DC099DC7\">\n <enum>\n (A)\n </enum>\n <text>\n in subparagraph\n\t\t\t (D)(i), by inserting before the semicolon the following:\n <quote>\n , which may be\n\t\t\t provided using alternative means of meeting participation (such as video\n\t\t\t conferences and conference calls)\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HB90578F37AEA4A378CD4433A4458D31E\">\n <enum>\n (B)\n </enum>\n <text>\n by adding at the\n\t\t\t end the following:\n </text>\n <quoted-block id=\"HD901D6C656B84176A7E367C8C97946A8\" style=\"OLC\">\n <subparagraph id=\"H1CEB134E45FD4F718A182C59036EE6B7\">\n <enum>\n (G)\n </enum>\n <header>\n Coordination\n\t\t\t\twith assistive technology programs\n </header>\n <text>\n The State plan shall include\n\t\t\t\tan assurance that the designated State unit and the lead agency or implementing\n\t\t\t\tentity responsible for carrying out duties under the Assistive Technology Act\n\t\t\t\tof 1998 (29 U.S.C.\n\t\t\t\t3001 et seq.) have developed working relationships and\n\t\t\t\tcoordinate their\n\t\t\t\tactivities.\n </text>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HE04B1D84C4074E52B5E580A13659C9A2\">\n <enum>\n (3)\n </enum>\n <text>\n in paragraph\n\t\t\t (15)—\n </text>\n <subparagraph id=\"H297E076FF6BD4AA88851C88188077764\">\n <enum>\n (A)\n </enum>\n <text>\n in subparagraph\n\t\t\t (A)—\n </text>\n <clause id=\"H570E3491EFA447E9B715FFFE16261A3F\">\n <enum>\n (i)\n </enum>\n <text>\n in\n\t\t\t clause (i)—\n </text>\n <subclause id=\"HE3680873B9664B7985383C6DE2D52FC9\">\n <enum>\n (I)\n </enum>\n <text>\n in subclause (II),\n\t\t\t by striking\n <quote>\n and\n </quote>\n at the end;\n </text>\n </subclause>\n <subclause id=\"H817DB4FB3B214689A0977CAD60E21E72\">\n <enum>\n (II)\n </enum>\n <text>\n in subclause\n\t\t\t (III), by adding\n <quote>\n and\n </quote>\n at the end; and\n </text>\n </subclause>\n <subclause id=\"H60AF6D1631EC4BBB92252E55ACEC76A0\">\n <enum>\n (III)\n </enum>\n <text>\n by adding at the\n\t\t\t end the following:\n </text>\n <quoted-block id=\"HB07DAB1019A34DCFBB1FA714B38F4712\" style=\"OLC\">\n <subclause id=\"HEEF74D65120640AC952261E0A7257A0F\">\n <enum>\n (IV)\n </enum>\n <text>\n students with\n\t\t\t\tdisabilities, including their need for transition\n\t\t\t\tservices;\n </text>\n </subclause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subclause>\n </clause>\n <clause id=\"H0AF528A2EDF146CBAD4D3C7C194C92FB\">\n <enum>\n (ii)\n </enum>\n <text>\n by\n\t\t\t redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively;\n\t\t\t and\n </text>\n </clause>\n <clause id=\"H0E6084745E704109822B9F7573A976D2\">\n <enum>\n (iii)\n </enum>\n <text>\n by\n\t\t\t inserting after clause (i) the following:\n </text>\n <quoted-block id=\"H4AB5BBC6464743729A9ECCC1C2D74202\" style=\"OLC\">\n <clause id=\"H3CDF584239984C969CB43BE3CD3425EE\">\n <enum>\n (ii)\n </enum>\n <text>\n include an\n\t\t\t\tassessment of the transition services provided under this Act, and coordinated\n\t\t\t\twith transition services under the Individuals with Disabilities Education Act,\n\t\t\t\tas to those services meeting the needs of individuals with\n\t\t\t\tdisabilities;\n </text>\n </clause>\n <after-quoted-block>\n ;\n\t\t\t\tand\n </after-quoted-block>\n </quoted-block>\n </clause>\n </subparagraph>\n <subparagraph id=\"HAB034CAEFBAC48E29D9D51D5BA3A35CA\">\n <enum>\n (B)\n </enum>\n <text>\n in subparagraph\n\t\t\t (D)—\n </text>\n <clause id=\"H8C74AA1967C244C9B6359E7785CE94AC\">\n <enum>\n (i)\n </enum>\n <text>\n by\n\t\t\t redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi),\n\t\t\t respectively; and\n </text>\n </clause>\n <clause id=\"H2C5F6FD858E84042B1B642A58357B20F\">\n <enum>\n (ii)\n </enum>\n <text>\n by\n\t\t\t inserting after clause (ii) the following:\n </text>\n <quoted-block id=\"H4B438962D41140359CB5D73EDBFF7100\" style=\"OLC\">\n <clause id=\"H19C1D09F88E645F6983F9835292852CE\">\n <enum>\n (iii)\n </enum>\n <text>\n the methods to\n\t\t\t\tbe used to improve and expand vocational rehabilitation services for students\n\t\t\t\twith disabilities, including the coordination of services designed to\n\t\t\t\tfacilitate the transition of such students from the receipt of educational\n\t\t\t\tservices in school to the receipt of vocational rehabilitation services under\n\t\t\t\tthis title or to postsecondary education or\n\t\t\t\temployment;\n </text>\n </clause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H838063C9A2474D98BFA4FC322EEBCA8A\">\n <enum>\n (4)\n </enum>\n <text>\n in paragraph\n\t\t\t (22)—\n </text>\n <subparagraph id=\"H6478B51FD06C4DA0852AE21256775F9F\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n carrying out part B of title VI, including\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H3F1B9F4B99FD467F9A7A513ABD30EE8D\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n that part to supplement funds made available under part B\n\t\t\t of\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HC693B1F2C39D463A8E5AD6D59562879B\">\n <enum>\n (5)\n </enum>\n <text>\n in paragraph\n\t\t\t (24)(A), by striking\n <quote>\n part A of title VI\n </quote>\n and inserting\n <quote>\n section 109A\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H1630FED75DC04D15A12763F019549C00\">\n <enum>\n (6)\n </enum>\n <text>\n by adding at the\n\t\t\t end the following:\n </text>\n <quoted-block id=\"H9DF395ECA5484BF0A88B0D860EC3D536\" style=\"OLC\">\n <paragraph id=\"H2F5DEC0B580142FE82B3BE0890BAB55B\">\n <enum>\n (25)\n </enum>\n <header>\n Collaboration\n\t\t\t\twith industry\n </header>\n <text>\n The State plan shall describe how the designated\n\t\t\t\tState agency will carry out the provisions of section 109A, including—\n </text>\n <subparagraph id=\"HC80FDD07C3D6484888BF169E3AB4CC2B\">\n <enum>\n (A)\n </enum>\n <text>\n the criteria such\n\t\t\t\tagency will use to award grants under such section; and\n </text>\n </subparagraph>\n <subparagraph id=\"HFE2DA3E7576F478F883A4961F4076348\">\n <enum>\n (B)\n </enum>\n <text>\n how the activities\n\t\t\t\tcarried out under such grants will be coordinated with other services provided\n\t\t\t\tunder this title.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H1496DEE15CF8409092D6E0175C4AEE26\">\n <enum>\n (26)\n </enum>\n <header>\n Services for\n\t\t\t\tstudents with disabilities\n </header>\n <text>\n The State plan shall provide an\n\t\t\t\tassurance satisfactory to the Secretary that the State—\n </text>\n <subparagraph id=\"H0FC59172EA8B4F25AB97DBAF1F4F6275\">\n <enum>\n (A)\n </enum>\n <text>\n has developed and\n\t\t\t\timplemented strategies to address the needs identified in the assessment\n\t\t\t\tdescribed in paragraph (15), and achieve the goals and priorities identified by\n\t\t\t\tthe State, to improve and expand vocational rehabilitation services for\n\t\t\t\tstudents with disabilities on a statewide basis in accordance with paragraph\n\t\t\t\t(15); and\n </text>\n </subparagraph>\n <subparagraph id=\"H968075F048624C68B639F4142EA1F558\">\n <enum>\n (B)\n </enum>\n <text>\n from funds\n\t\t\t\treserved under section 110A, shall carry out programs or activities designed to\n\t\t\t\timprove and expand vocational rehabilitation services for students with\n\t\t\t\tdisabilities that—\n </text>\n <clause id=\"HEA4C4F0B5E214F8F9E0BD6EC9A9FDB92\">\n <enum>\n (i)\n </enum>\n <text>\n facilitate the\n\t\t\t\ttransition of students with disabilities from the receipt of educational\n\t\t\t\tservices in school, to the receipt of vocational rehabilitation services under\n\t\t\t\tthis title, including, at a minimum, those services specified in the\n\t\t\t\tinteragency agreement required in paragraph (11)(D);\n </text>\n </clause>\n <clause id=\"H4DF578509B9F4EEB8A3A1493DE8F59DC\">\n <enum>\n (ii)\n </enum>\n <text>\n improve the\n\t\t\t\tachievement of post-school goals of students with disabilities, including\n\t\t\t\timproving the achievement through participation (as appropriate when career\n\t\t\t\tgoals are discussed) in meetings regarding individualized education programs\n\t\t\t\tdeveloped under section 614 of the Individuals with Disabilities Education Act\n\t\t\t\t(20 U.S.C.\n\t\t\t\t1414);\n </text>\n </clause>\n <clause id=\"H68CBB57DDD0A4C4DBC5E569ECBDAC284\">\n <enum>\n (iii)\n </enum>\n <text>\n provide career\n\t\t\t\tguidance, career exploration services, job search skills and strategies, and\n\t\t\t\ttechnical assistance to students with disabilities;\n </text>\n </clause>\n <clause id=\"HF8482CBD8ECB45C19CDF3EFBBE5EE9C0\">\n <enum>\n (iv)\n </enum>\n <text>\n support the\n\t\t\t\tprovision of training and technical assistance to State and local educational\n\t\t\t\tagencies and designated State agency personnel responsible for the planning and\n\t\t\t\tprovision of services to students with disabilities; and\n </text>\n </clause>\n <clause id=\"H1C14F623414F4F198A1A919EBCC0C622\">\n <enum>\n (v)\n </enum>\n <text>\n support outreach\n\t\t\t\tactivities to students with disabilities who are eligible for, and need,\n\t\t\t\tservices under this\n\t\t\t\ttitle.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H65ED21D289DB48728A986973FFE71793\">\n <enum>\n 505.\n </enum>\n <header>\n Scope of\n\t\t\t services\n </header>\n <text display-inline=\"no-display-inline\">\n Section 103 of the\n\t\t\t Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/723\">\n 29 U.S.C. 723\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H30ABDC0E20084B769C1849D00C819AE7\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (a),\n\t\t\t by striking paragraph (15) and inserting the following:\n </text>\n <quoted-block id=\"HB4EE4C6E0BDB49E2B12E6E0DE0D052ED\" style=\"OLC\">\n <paragraph id=\"H7535E11010CD4AFAA353EAC853BD98C3\">\n <enum>\n (15)\n </enum>\n <text>\n transition\n\t\t\t\tservices for students with disabilities, that facilitate the achievement of the\n\t\t\t\temployment outcome identified in the individualized plan for employment,\n\t\t\t\tincluding services described in clauses (i) through (iii) of section\n\t\t\t\t101(a)(26)(B);\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H45F0ABAA5C8B4F5B8B09E6801F6D4D8C\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (b),\n\t\t\t by striking paragraph (6) and inserting the following:\n </text>\n <quoted-block id=\"HFA286E8217C44B7DBD615F3E6D9B3B84\" style=\"OLC\">\n <paragraph id=\"H46DAEC2FA19B4C60A2713194C9429401\">\n <enum>\n (6)\n </enum>\n <subparagraph commented=\"no\" display-inline=\"yes-display-inline\" id=\"H8DCB156FC5384FD69DE4033B139D6ECA\">\n <enum>\n (A)\n </enum>\n <clause commented=\"no\" display-inline=\"yes-display-inline\" id=\"H849A08B7935B4C57A1AFE18E8752B863\">\n <enum>\n (i)\n </enum>\n <text>\n Consultation and\n\t\t\t\ttechnical assistance services to assist State and local educational agencies in\n\t\t\t\tplanning for the transition of students with disabilities from school to\n\t\t\t\tpost-school activities, including employment.\n </text>\n </clause>\n <clause id=\"H849E6D25985F4FD88127EDE50DA2C1F7\" indent=\"up2\">\n <enum>\n (ii)\n </enum>\n <text>\n Training and technical assistance\n\t\t\t\tdescribed in section 101(a)(26)(B)(iv).\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H62E11B519A3B4BE19F6FA5757B643AE0\" indent=\"up1\">\n <enum>\n (B)\n </enum>\n <text>\n Services for groups of individuals\n\t\t\t\twith disabilities who meet the requirements of clauses (i) and (iii) of section\n\t\t\t\t7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of\n\t\t\t\tsection 101(a)(26)(B), to assist in the transition from school to post-school\n\t\t\t\tactivities.\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n ;\n\t\t\t\tand\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H4CB318D732FE4064BF488E7F7AC6C05D\">\n <enum>\n (3)\n </enum>\n <text>\n in subsection (b)\n\t\t\t by inserting at the end, the following:\n </text>\n <quoted-block id=\"H07191F9162CC4E2582243B0A74C2AC2D\" style=\"OLC\">\n <paragraph id=\"H642CE9AED7DD4D929C9AE4323821FE08\">\n <enum>\n (7)\n </enum>\n <text>\n The establishment,\n\t\t\t\tdevelopment, or improvement of assistive technology demonstration, loan,\n\t\t\t\treutilization, or financing programs in coordination with activities authorized\n\t\t\t\tunder the Assistive Technology Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/3001\">\n 29 U.S.C. 3001\n </external-xref>\n ) to promote access\n\t\t\t\tto assistive technology for individuals with disabilities and\n\t\t\t\temployers.\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"HF4B1A7E424574F0BA7B22E97166948E5\">\n <enum>\n 506.\n </enum>\n <header>\n Standards and\n\t\t\t indicators\n </header>\n <text display-inline=\"no-display-inline\">\n Section 106 of the\n\t\t\t Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/726\">\n 29 U.S.C. 726(a)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HB3A4D50C759A4731A006F74585B94DF7\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n\t\t\t subsection (a) and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HDC538E887CEE4C0AB30E01E0788F0F97\" style=\"OLC\">\n <subsection id=\"H19E5A048015646A6959AF3D112125F0F\">\n <enum>\n (a)\n </enum>\n <header>\n Standards and\n\t\t\t\tindicators\n </header>\n <text display-inline=\"yes-display-inline\">\n The performance\n\t\t\t\tstandards and indicators for the vocational rehabilitation program carried out\n\t\t\t\tunder this title—\n </text>\n <paragraph id=\"H70302BD2E95A41D58CB291E6EAC7DCB9\">\n <enum>\n (1)\n </enum>\n <text>\n shall be subject\n\t\t\t\tto paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act\n\t\t\t\tof 1998; and\n </text>\n </paragraph>\n <paragraph id=\"HFDD35A188D784A9DA75104D8C757177D\">\n <enum>\n (2)\n </enum>\n <text>\n may, at a State’s\n\t\t\t\tdiscretion, include additional indicators identified in the State plan\n\t\t\t\tsubmitted under section 101.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n ;\n\t\t\t\tand\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HA6B1914E28014A049AC412EB738F8BE2\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in subsection (b)(2)(B), by striking clause\n\t\t\t (i) and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HA27C8E43221F49B4AB21AEAD9828703F\" style=\"OLC\">\n <clause id=\"H426ACE6730854F0D852A6ADC24DA422E\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n on a biannual basis, review the program\n\t\t\t\timprovement efforts of the State and, if the State has not improved its\n\t\t\t\tperformance to acceptable levels, as determined by the Director, direct the\n\t\t\t\tState to make revisions to the plan to improve performance;\n\t\t\t\tand\n </text>\n </clause>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H6810DF66D018435BAF2C0B530128F56B\">\n <enum>\n 507.\n </enum>\n <header>\n Collaboration\n\t\t\t with industry\n </header>\n <text display-inline=\"no-display-inline\">\n The\n\t\t\t Rehabilitation Act of 1973 is amended by inserting after section 109\n\t\t\t (29 U.S.C.\n\t\t\t 729) the following:\n </text>\n <quoted-block id=\"HE37733A8D7704CD8AD23761B80D6A02D\" style=\"OLC\">\n <section id=\"H8BD0BD5DD4F341F28AC8653AE3130CEC\">\n <enum>\n 109A.\n </enum>\n <header>\n Collaboration\n\t\t\t\twith industry\n </header>\n <subsection id=\"HB4991D8D8B9D414A8B79C1F7A7B9BF38\">\n <enum>\n (a)\n </enum>\n <header>\n Authority\n </header>\n <text>\n A\n\t\t\t\tState shall use not less than one-half of one percent of the payment the State\n\t\t\t\treceives under section 111 for a fiscal year to award grants to eligible\n\t\t\t\tentities to create practical job and career readiness and training programs,\n\t\t\t\tand to provide job placements and career advancement.\n </text>\n </subsection>\n <subsection id=\"H068ECFF8C2AD499AB238478AED48BA50\">\n <enum>\n (b)\n </enum>\n <header>\n Application\n </header>\n <text>\n To\n\t\t\t\treceive a grant under this section, an eligible entity shall submit an\n\t\t\t\tapplication to a designated State agency at such time, in such manner, and\n\t\t\t\tcontaining such information as such agency shall require. Such application\n\t\t\t\tshall include, at a minimum—\n </text>\n <paragraph id=\"H44232889261043DCAC02D11A37051364\">\n <enum>\n (1)\n </enum>\n <text>\n a plan for\n\t\t\t\tevaluating the effectiveness of the program;\n </text>\n </paragraph>\n <paragraph id=\"H4911405D7D16426AA060567CE4B858F1\">\n <enum>\n (2)\n </enum>\n <text>\n a plan for\n\t\t\t\tcollecting and reporting the data and information described under subparagraphs\n\t\t\t\t(A) through (C) of section 101(a)(10), as determined appropriate by the\n\t\t\t\tdesignated State agency; and\n </text>\n </paragraph>\n <paragraph id=\"HA9D462AF288C4992A1AE3C9F9C9CC297\">\n <enum>\n (3)\n </enum>\n <text>\n a plan for\n\t\t\t\tproviding for the non-Federal share of the costs of the program.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H881136D4A5924142976D5BAEF5D08C18\">\n <enum>\n (c)\n </enum>\n <header>\n Activities\n </header>\n <text>\n An\n\t\t\t\teligible entity receiving a grant under this section shall use the grant funds\n\t\t\t\tto carry out a program that provides one or more of the following:\n </text>\n <paragraph id=\"H5D248B52B1564B7EA3875D798BB38872\">\n <enum>\n (1)\n </enum>\n <text>\n Job development,\n\t\t\t\tjob placement, and career advancement services for individuals with\n\t\t\t\tdisabilities.\n </text>\n </paragraph>\n <paragraph id=\"HD46D06708124410D8EFEA669DEF23993\">\n <enum>\n (2)\n </enum>\n <text>\n Training in\n\t\t\t\trealistic work settings in order to prepare individuals with disabilities for\n\t\t\t\temployment and career advancement in the competitive market.\n </text>\n </paragraph>\n <paragraph id=\"H67A669B9C0484077A323BFB0111F225A\">\n <enum>\n (3)\n </enum>\n <text>\n Providing\n\t\t\t\tindividuals with disabilities with such support services as may be required in\n\t\t\t\torder to maintain the employment and career advancement for which the\n\t\t\t\tindividuals have received training.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H07C40D36F50F405FA8C758C912FBADD0\">\n <enum>\n (d)\n </enum>\n <header>\n Awards\n </header>\n <text>\n Grants\n\t\t\t\tunder this section shall—\n </text>\n <paragraph id=\"H3DE9D9D350E94DDCAA4FACE3A3218A48\">\n <enum>\n (1)\n </enum>\n <text>\n be awarded for a\n\t\t\t\tperiod not to exceed 5 years; and\n </text>\n </paragraph>\n <paragraph id=\"H5AEB70DD5CD949109F8BA93E0FA5EF95\">\n <enum>\n (2)\n </enum>\n <text>\n be awarded\n\t\t\t\tcompetitively.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HB3053E82C5FF4ADCBA1AB261133F413F\">\n <enum>\n (e)\n </enum>\n <header>\n Eligible entity\n\t\t\t\tdefined\n </header>\n <text>\n For the purposes of this section, the term\n <term>\n eligible\n\t\t\t\tentity\n </term>\n means a for-profit business, alone or in partnership with one or\n\t\t\t\tmore of the following:\n </text>\n <paragraph id=\"H2E65F295CD80408BA46C5734C95B2A91\">\n <enum>\n (1)\n </enum>\n <text>\n Community\n\t\t\t\trehabilitation program providers.\n </text>\n </paragraph>\n <paragraph id=\"H88F5B74836FA4A9C92472FEEB91D9819\">\n <enum>\n (2)\n </enum>\n <text>\n Indian\n\t\t\t\ttribes.\n </text>\n </paragraph>\n <paragraph id=\"H986A7BEF78F6416899C8D4AAA47B2AAD\">\n <enum>\n (3)\n </enum>\n <text>\n Tribal\n\t\t\t\torganizations.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HC53CFA4721884A54B95159EAAC0030A4\">\n <enum>\n (f)\n </enum>\n <header>\n Federal\n\t\t\t\tshare\n </header>\n <text>\n The Federal share of a program under this section shall not\n\t\t\t\texceed 80 percent of the costs of the program.\n </text>\n </subsection>\n <subsection id=\"HCAA188B67F9646D7B40DF3D4BB4B563E\">\n <enum>\n (g)\n </enum>\n <header>\n Eligibility for\n\t\t\t\tservices\n </header>\n <text>\n An individual shall be eligible for services provided\n\t\t\t\tunder a program under this section if the individual is determined under\n\t\t\t\tsection 102(a)(1) to be eligible for assistance under this\n\t\t\t\ttitle.\n </text>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n <section id=\"H5009510B96A74465ADB855201F8C8270\">\n <enum>\n 508.\n </enum>\n <header>\n Reservation for\n\t\t\t expanded transition services\n </header>\n <text display-inline=\"no-display-inline\">\n The Rehabilitation Act of 1973 is amended by\n\t\t\t inserting after section 110 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/730\">\n 29 U.S.C. 730\n </external-xref>\n ) the following:\n </text>\n <quoted-block id=\"HD60E895B8D584B7EA2B63570F4EE253A\" style=\"OLC\">\n <section id=\"H826CBAD1D8D242778653DE423EEE16FF\">\n <enum>\n 110A.\n </enum>\n <header>\n Reservation\n\t\t\t\tfor expanded transition services\n </header>\n <text display-inline=\"no-display-inline\">\n Each State shall reserve not less than 10\n\t\t\t\tpercent of the funds allotted to the State under section 110(a) to carry out\n\t\t\t\tprograms and activities under sections 101(a)(26)(B) and\n\t\t\t\t103(b)(6).\n </text>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n <section id=\"HF9C6F7E9A48C4C238B229138C8832218\">\n <enum>\n 509.\n </enum>\n <header>\n Client\n\t\t\t assistance program\n </header>\n <text display-inline=\"no-display-inline\">\n Section\n\t\t\t 112(e)(1) of the Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/732\">\n 29 U.S.C. 732(e)(1)\n </external-xref>\n ) is amended by\n\t\t\t redesignating subparagraph (D) as subparagraph (E) and inserting after\n\t\t\t subparagraph (C) the following:\n </text>\n <quoted-block id=\"HA9081FEDA62146E2AA36E68B8E8BBD58\" style=\"OLC\">\n <subparagraph id=\"H5E554C459A284B11B1EF690DB83BBADC\">\n <enum>\n (D)\n </enum>\n <text>\n The Secretary\n\t\t\t\tshall make grants to the protection and advocacy system serving the American\n\t\t\t\tIndian Consortium to provide services in accordance with this section. The\n\t\t\t\tamount of such grants shall be the same as provided to territories under this\n\t\t\t\tsubsection.\n </text>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n <section id=\"HA666B08EA7F44F9DA1FAB659AFB2ACCD\">\n <enum>\n 510.\n </enum>\n <header>\n Title III\n\t\t\t amendments\n </header>\n <text display-inline=\"no-display-inline\">\n Title III of the\n\t\t\t Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/771\">\n 29 U.S.C. 771 et seq.\n </external-xref>\n ) is\n\t\t\t amended—\n </text>\n <paragraph id=\"HA9B5B9428BE349A586A6E6B5323A5033\">\n <enum>\n (1)\n </enum>\n <text>\n in section\n\t\t\t 301(a)—\n </text>\n <subparagraph id=\"H2FB8A89D08E1419EA157AFFBA845B62F\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (2),\n\t\t\t by inserting\n <quote>\n and\n </quote>\n at the end;\n </text>\n </subparagraph>\n <subparagraph id=\"H4895F14289B342B9A0F9944D2683AF21\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n\t\t\t paragraphs (3) and (4); and\n </text>\n </subparagraph>\n <subparagraph id=\"H27C9CDE9C72D46019298C0AE720152A4\">\n <enum>\n (C)\n </enum>\n <text>\n by redesignating\n\t\t\t paragraph (5) as paragraph (3);\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H4EA70719633B471A99C24A11863FA3C2\">\n <enum>\n (2)\n </enum>\n <text>\n in section\n\t\t\t 302(g)—\n </text>\n <subparagraph id=\"H6531E5B25BDF4A85A99A2032726D5792\">\n <enum>\n (A)\n </enum>\n <text>\n in the heading, by\n\t\t\t striking\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n And In-Service\n\t\t\t Training\n </header-in-text>\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HCC9C745C35C042E2982065F3064D238A\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n\t\t\t paragraph (3);\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H9EDF5D39DD184BE5B8678F9ADDBD2573\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in section 303(c)—\n </text>\n <subparagraph id=\"HF01FAB92BEEB4BA78D78E6CEE891972C\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph\n\t\t\t (4)—\n </text>\n <clause id=\"H91AB9A4BD19F40708D4AFD08C75EF73C\">\n <enum>\n (i)\n </enum>\n <text>\n by\n\t\t\t amending subparagraph (A)(ii) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H7604296459024F1B91C25FA7D16DCDB7\" style=\"OLC\">\n <clause id=\"H5039B60A36DF462D85C5731744CA0E38\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to coordinate and work closely with the\n\t\t\t\tparent training and information centers established pursuant to section 671 of\n\t\t\t\tthe Individuals with Disabilities Education Act, the community parent resource\n\t\t\t\tcenters established pursuant to section 672 of such Act, and the eligible\n\t\t\t\tentities receiving awards under section 673 of such Act;\n\t\t\t\tand\n </text>\n </clause>\n <after-quoted-block>\n ;\n\t\t\t\tand\n </after-quoted-block>\n </quoted-block>\n </clause>\n <clause id=\"H8F2EB3B0B13C4F4AA13348C0FF8DDF29\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in subparagraph (C), by inserting\n <quote>\n ,\n\t\t\t and demonstrate the capacity for serving,\n </quote>\n after\n <quote>\n serve\n </quote>\n ;\n\t\t\t and\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H1C6BEF4D56D14A97873C7CDA6DE2DD57\">\n <enum>\n (B)\n </enum>\n <text>\n by adding at the\n\t\t\t end the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H5B86A75757C74E25A6B6A67C1CEF6864\" style=\"OLC\">\n <paragraph commented=\"no\" id=\"H176F1AD95F394600817B88C7D2526CE5\">\n <enum>\n (8)\n </enum>\n <header>\n Reservation\n </header>\n <text display-inline=\"yes-display-inline\">\n From the amount appropriated to carry out\n\t\t\t\tthis subsection for a fiscal year, 20 percent of such amount or $500,000,\n\t\t\t\twhichever is less, shall be reserved to carry out paragraph\n\t\t\t\t(6).\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H5FCC023A366F41C5A0F0AD643A54C3CD\">\n <enum>\n (4)\n </enum>\n <text>\n by striking\n\t\t\t sections 304 and 305; and\n </text>\n </paragraph>\n <paragraph id=\"HDB4BB3294C8444DEB2C44148E281EBA8\">\n <enum>\n (5)\n </enum>\n <text>\n by redesignating\n\t\t\t section 306 as section 304.\n </text>\n </paragraph>\n </section>\n <section id=\"H9C2DD2089E244E2EA21E28DDB5005A57\">\n <enum>\n 511.\n </enum>\n <header>\n Repeal of title\n\t\t\t VI\n </header>\n <text display-inline=\"no-display-inline\">\n The Rehabilitation Act of\n\t\t\t 1973 (29 U.S.C. 701\n\t\t\t et seq.) is amended by repealing title VI.\n </text>\n </section>\n <section id=\"H02A338DC95D44BE4836A2B547C54ABAB\">\n <enum>\n 512.\n </enum>\n <header>\n Chairperson\n </header>\n <text display-inline=\"no-display-inline\">\n Section 705(b)(5) of the Rehabilitation Act\n\t\t\t of 1973 (29 U.S.C.\n\t\t\t 796d(b)(5)) is amended to read as follows:\n </text>\n <quoted-block id=\"H4E4D29902F61484BBEB23D3C3FA32D96\" style=\"OLC\">\n <paragraph id=\"H6F68E5EAD7B6425BB0152E60D195C1E0\">\n <enum>\n (5)\n </enum>\n <header>\n Chairperson\n </header>\n <text>\n The\n\t\t\t\tCouncil shall select a chairperson from among the voting membership of the\n\t\t\t\tCouncil.\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n <section id=\"H4A06DFA89EB44AFEAC829BAEB744CCC0\">\n <enum>\n 513.\n </enum>\n <header>\n Authorizations\n\t\t\t of appropriations\n </header>\n <text display-inline=\"no-display-inline\">\n The\n\t\t\t Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/701\">\n 29 U.S.C. 701 et seq.\n </external-xref>\n ) is further\n\t\t\t amended—\n </text>\n <paragraph id=\"H11DAE6BAED954A4E9487512393EC52D2\">\n <enum>\n (1)\n </enum>\n <text>\n in section\n\t\t\t 100(b)(1) (29 U.S.C.\n\t\t\t 720(b)(1)), by striking\n <quote>\n such sums as may be necessary\n\t\t\t for fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $3,121,712,000\n\t\t\t for fiscal year 2014 and each of the 6 succeeding fiscal years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H33E9B21578494DEBAB04D339F0B31167\">\n <enum>\n (2)\n </enum>\n <text>\n in section 110(c)\n\t\t\t (29 U.S.C.\n\t\t\t 730(c)), by amending paragraph (2) to read as follows:\n </text>\n <quoted-block id=\"H7F24F736C56443DAAD9E3C657C734E93\" style=\"OLC\">\n <paragraph id=\"HED94B55EB87A4556B686EFC370E93BC6\">\n <enum>\n (2)\n </enum>\n <text>\n The sum referred\n\t\t\t\tto in paragraph (1) shall be, as determined by the Secretary, not less than 1\n\t\t\t\tpercent and not more than 1.5 percent of the amount referred to in paragraph\n\t\t\t\t(1) for each of fiscal years 2014 through\n\t\t\t\t2020.\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H7AE448C7F7AF4D9282C918CB60C0B706\">\n <enum>\n (3)\n </enum>\n <text>\n in section 112(h)\n\t\t\t (29 U.S.C.\n\t\t\t 732(h)) by striking\n <quote>\n such sums as may be necessary for\n\t\t\t fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $12,240,000 for\n\t\t\t fiscal year 2014 and each of the 6 succeeding fiscal years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H23F2A275504044BD8B36CA2D85250727\">\n <enum>\n (4)\n </enum>\n <text>\n by amending\n\t\t\t subsection (a) of section 201 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/761\">\n 29 U.S.C. 761(a)\n </external-xref>\n ) to read as\n\t\t\t follows:\n <quote>\n (a) There are authorized to be appropriated $108,817,000 for\n\t\t\t fiscal year 2014 and each of the 6 succeeding fiscal years to carry out this\n\t\t\t title.\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H29763A1725734221940276F166CB50DC\">\n <enum>\n (5)\n </enum>\n <text>\n in section 302(i)\n\t\t\t (29 U.S.C.\n\t\t\t 772(i)) by striking\n <quote>\n such sums as may be necessary for\n\t\t\t each of the fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $35,515,000 for fiscal year 2014 and each of the 6 succeeding fiscal\n\t\t\t years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HB1FCE2EEBF504229A20312EF1A98269F\">\n <enum>\n (6)\n </enum>\n <text>\n in section 303(e)\n\t\t\t (29 U.S.C.\n\t\t\t 773(e)) by striking\n <quote>\n such sums as may be necessary for\n\t\t\t each of the fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $5,325,000 for fiscal year 2014 and each of the 6 succeeding fiscal\n\t\t\t years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H34C3C69F139C4CDBA783DD7AD4FE03D6\">\n <enum>\n (7)\n </enum>\n <text>\n in section 405\n\t\t\t (29 U.S.C.\n\t\t\t 785) by striking\n <quote>\n such sums as may be necessary for each\n\t\t\t of the fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $3,258,000\n\t\t\t for fiscal year 2014 and each of the 6 succeeding fiscal years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HD0A79C253ED8435186D37CE9B6713516\">\n <enum>\n (8)\n </enum>\n <text>\n in section 502(j)\n\t\t\t (29 U.S.C.\n\t\t\t 792(j)) by striking\n <quote>\n such sums as may be necessary for\n\t\t\t each of the fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $7,400,000 for fiscal year 2014 and each of the 6 succeeding fiscal\n\t\t\t years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H200EF112EB344F10A9A7070F490A9931\">\n <enum>\n (9)\n </enum>\n <text>\n in section 509(l)\n\t\t\t (29 U.S.C.\n\t\t\t 794e(l)) by striking\n <quote>\n such sums as may be necessary for\n\t\t\t each of the fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $18,031,000 for fiscal year 2014 and each of the 6 succeeding fiscal\n\t\t\t years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HD88DADC600A545FEA337F78E206ADF56\">\n <enum>\n (10)\n </enum>\n <text>\n in section 714\n\t\t\t (29 U.S.C.\n\t\t\t 796e–3), by striking\n <quote>\n such sums as may be necessary for\n\t\t\t each of the fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $23,359,000 for fiscal year 2014 and each of the 6 succeeding fiscal\n\t\t\t years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H7BADE9DB2F0A4174ADC69BA2D33748D1\">\n <enum>\n (11)\n </enum>\n <text>\n in section 727\n\t\t\t (29 U.S.C.\n\t\t\t 796f–6), by striking\n <quote>\n such sums as may be necessary for\n\t\t\t each of the fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $79,953,000 for fiscal year 2014 and each of the 6 succeeding fiscal\n\t\t\t years\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H06913FD5362F4473A75B4A1F9F48E2E1\">\n <enum>\n (12)\n </enum>\n <text>\n in section 753\n\t\t\t (29 U.S.C.\n\t\t\t 7961), by striking\n <quote>\n such sums as may be necessary for\n\t\t\t each of the fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $34,018,000 for fiscal year 2014 and each of the 6 succeeding fiscal\n\t\t\t years\n </quote>\n .\n </text>\n </paragraph>\n </section>\n <section id=\"H716DD78513554E6BAE17DBD50AF3BFE0\">\n <enum>\n 514.\n </enum>\n <header>\n Conforming\n\t\t\t amendments\n </header>\n <text display-inline=\"no-display-inline\">\n Section 1(b) of the\n\t\t\t Rehabilitation Act of 1973 is amended—\n </text>\n <paragraph id=\"HEAD90ECE222D440E913791B03787F757\">\n <enum>\n (1)\n </enum>\n <text>\n by inserting after\n\t\t\t the item relating to section 109 the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HD4BF00435948447294537E3F628C04A1\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 109A. Collaboration with\n\t\t\t\tindustry.\n </toc-entry>\n </toc>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H1694C9790A814EEC805E32D1307B3563\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after\n\t\t\t the item relating to section 110 the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HE105EB8872C4449E8BEEC18DE3E2496D\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 110A. Reservation for expanded\n\t\t\t\ttransition services.\n </toc-entry>\n </toc>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph commented=\"no\" id=\"H761B707E529840F8A049BD4F21C31C68\">\n <enum>\n (3)\n </enum>\n <text>\n by striking the\n\t\t\t item related to section 304 and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H421107C4A06C476B90337A28E7A893FE\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 304. Measuring of project outcomes\n\t\t\t\tand performance.\n </toc-entry>\n </toc>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HD5005BB416B94E619F39917BC9653695\">\n <enum>\n (4)\n </enum>\n <text>\n by striking the\n\t\t\t items related to sections 305 and 306; and\n </text>\n </paragraph>\n <paragraph id=\"HD48772CED1C841D2A27E732D9A553D24\">\n <enum>\n (5)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking the items related to title\n\t\t\t VI.\n </text>\n </paragraph>\n </section>\n \n \n <enum>\n VI\n </enum>\n <header>\n Studies by the\n\t\t\t Comptroller General\n </header>\n <section id=\"HFE2C3C78E5104FB8B573143209748961\">\n <enum>\n 601.\n </enum>\n <header>\n Study by the\n\t\t\t Comptroller General on exhausting Federal Pell Grants before accessing WIA\n\t\t\t funds\n </header>\n <text display-inline=\"no-display-inline\">\n Not later than 12 months\n\t\t\t after the date of enactment of this Act, the Comptroller General of the United\n\t\t\t States shall complete and submit to the Committee on Education and the\n\t\t\t Workforce of the House of Representatives and the Committee on Health,\n\t\t\t Education, Labor, and Pensions of the Senate a report that—\n </text>\n <paragraph id=\"H3DBEB73B2606474FABA2F95B5F292728\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n evaluates the effectiveness of subparagraph\n\t\t\t (B) of section 134(d)(4) of the Workforce Investment Act of 1998\n\t\t\t (29 U.S.C.\n\t\t\t 2864(d)(4)(B)) (as such subparagraph was in effect on the day\n\t\t\t before the date of enactment of this Act), including—\n </text>\n <subparagraph id=\"H270AE8D3E5D84D7086AB774DD4A34E9F\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n a review of the regulations and guidance\n\t\t\t issued by the Secretary of Labor to State and local areas on how to comply with\n\t\t\t such subparagraph;\n </text>\n </subparagraph>\n <subparagraph id=\"HF494B1F1340247FE818A34628E7C09D6\">\n <enum>\n (B)\n </enum>\n <text>\n a review of State\n\t\t\t policies to determine how local areas are required to comply with such\n\t\t\t subparagraph;\n </text>\n </subparagraph>\n <subparagraph id=\"HF15ED5CB8B1F4C27B0C38ADA6FBB4FA4\">\n <enum>\n (C)\n </enum>\n <text>\n a review of local\n\t\t\t area policies to determine how one-stop operators are required to comply with\n\t\t\t such subparagraph; and\n </text>\n </subparagraph>\n <subparagraph id=\"H122B063C1F8946C48A17AFB78203C74D\">\n <enum>\n (D)\n </enum>\n <text display-inline=\"yes-display-inline\">\n a review of a sampling of individuals\n\t\t\t receiving training services under section 134(d)(4) of the Workforce Investment\n\t\t\t Act of 1998 (29\n\t\t\t U.S.C. 2864(d)(4)) to determine if, before receiving such\n\t\t\t training services, such individuals have exhausted funds received through the\n\t\t\t Federal Pell Grant program under title IV of the Higher Education Act of 1965\n\t\t\t (20 U.S.C. 1070 et\n\t\t\t seq.); and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HCD3236223D684764988DB260CD61FBCA\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n makes appropriate recommendations with\n\t\t\t respect to the matters evaluated under paragraph (1).\n </text>\n </paragraph>\n </section>\n <section id=\"H3EC434384B6F452D924D78737D6E3632\">\n <enum>\n 602.\n </enum>\n <header>\n Study by the\n\t\t\t Comptroller General on administrative cost savings\n </header>\n <subsection id=\"HE8AB7DD2163047DBACEF5838A1F60D3D\">\n <enum>\n (a)\n </enum>\n <header>\n Study\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 12 months after the date of\n\t\t\t the enactment of this Act, the Comptroller General of the United States shall\n\t\t\t complete and submit to the Committee on Education and the Workforce of the\n\t\t\t House of Representatives and the Committee on Health, Education, Labor, and\n\t\t\t Pensions of the Senate a report that—\n </text>\n <paragraph id=\"H9A2399BCA6794131B3CF9A318F916F66\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n determines the amount of administrative\n\t\t\t costs at the Federal and State levels for the most recent fiscal year for which\n\t\t\t satisfactory data are available for—\n </text>\n <subparagraph id=\"H8FD41CBDF8BF4857B82C27F5C35C2CA3\">\n <enum>\n (A)\n </enum>\n <text>\n each of the\n\t\t\t programs authorized under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et\n\t\t\t seq.) or repealed under section 401 of this Act, as such\n\t\t\t programs were in effect for such fiscal year; and\n </text>\n </subparagraph>\n <subparagraph id=\"H4EFA271502144E23887D39B107D495F0\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n each of the programs described in\n\t\t\t subparagraph (A) that have been repealed or consolidated on or after the date\n\t\t\t of enactment of this Act;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HED43C5779DB54DD6BBDCE6CBF1BBA56B\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n determines the amount of administrative\n\t\t\t cost savings at the Federal and State levels as a result of repealing and\n\t\t\t consolidating programs by calculating the differences in the amount of\n\t\t\t administrative costs between subparagraph (A) and subparagraph (B) of paragraph\n\t\t\t (1); and\n </text>\n </paragraph>\n <paragraph id=\"H83427C95CF214153855E58A93566D094\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n estimates the administrative costs savings\n\t\t\t at the Federal and State levels for a fiscal year as a result of States\n\t\t\t consolidating funds under section 501(e) of the Workforce Investment Act of\n\t\t\t 1998 (20 U.S.C.\n\t\t\t 9271(e)) to reduce inefficiencies in the administration of\n\t\t\t federally-funded State and local employment and training programs.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H46F37DAC127D40C992557F5AE2ABB923\">\n <enum>\n (b)\n </enum>\n <header>\n Definition\n </header>\n <text>\n For\n\t\t\t purposes of this section, the term\n <quote>\n administrative cost\n </quote>\n has the\n\t\t\t meaning given the term in section 101 of the Workforce Investment Act of 1998\n\t\t\t (29 U.S.C.\n\t\t\t 2801).\n </text>\n </subsection>\n </section>\n \n \n \n \n \n Passed the House of\n\t\t\t Representatives March 15, 2013.\n \n \n Karen L. Haas,\n \n \n Clerk\n \n \n \n\n"},"tv_txt":{"kind":"string","value":"IIB 113th CONGRESS 1st Session H. R. 803 IN THE SENATE OF THE UNITED STATES March 18, 2013 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions AN ACT To reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more competitive in the 21st century.\n\n1. Short title This Act may be cited as the Supporting Knowledge and Investing in Lifelong Skills Act or the SKILLS Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Effective date. Title I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998 Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 102. Purpose. Sec. 103. State workforce investment boards. Sec. 104. State plan. Sec. 105. Local workforce investment areas. Sec. 106. Local workforce investment boards. Sec. 107. Local plan. Sec. 108. Establishment of one-stop delivery system. Sec. 109. Identification of eligible providers of training services. Sec. 110. General authorization. Sec. 111. State allotments. Sec. 112. Within State allocations. Sec. 113. Use of funds for employment and training activities. Sec. 114. Performance accountability system. Sec. 115. Authorization of appropriations. Subtitle C—Job Corps Sec. 116. Job Corps purposes. Sec. 117. Job Corps definitions. Sec. 118. Individuals eligible for the Job Corps. Sec. 119. Recruitment, screening, selection, and assignment of enrollees. Sec. 120. Job Corps centers. Sec. 121. Program activities. Sec. 122. Counseling and job placement. Sec. 123. Support. Sec. 124. Operations. Sec. 125. Community participation. Sec. 126. Workforce councils. Sec. 127. Technical assistance. Sec. 128. Special provisions. Sec. 129. Performance accountability management. Subtitle D—National Programs Sec. 130. Technical assistance. Sec. 131. Evaluations. Subtitle E—Administration Sec. 132. Requirements and restrictions. Sec. 133. Prompt allocation of funds. Sec. 134. Fiscal controls; sanctions. Sec. 135. Reports to Congress. Sec. 136. Administrative provisions. Sec. 137. State legislative authority. Sec. 138. General program requirements. Sec. 139. Federal agency staff and restrictions on political and lobbying activities. Subtitle F—State unified plan Sec. 140. State unified plan. Title II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Amendment. Title III—AMENDMENTS TO THE WAGNER-PEYSER ACT Sec. 301. Amendments to the Wagner-Peyser Act. Title IV—REPEALS AND CONFORMING AMENDMENTS Sec. 401. Repeals. Sec. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Sec. 403. Amendments to the Food and Nutrition Act of 2008. Sec. 404. Amendments to section 412 of the Immigration and Nationality Act. Sec. 405. Amendments relating to the Second Chance Act of 2007. Sec. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968. Sec. 407. Conforming amendments to the United States Code. Sec. 408. Conforming amendment to table of contents. Title V—AMENDMENTS TO THE REHABILITATION ACT OF 1973 Sec. 501. Findings. Sec. 502. Rehabilitation services administration. Sec. 503. Definitions. Sec. 504. State plan. Sec. 505. Scope of services. Sec. 506. Standards and indicators. Sec. 507. Collaboration with industry. Sec. 508. Reservation for expanded transition services. Sec. 509. Client assistance program. Sec. 510. Title III amendments. Sec. 511. Repeal of title VI. Sec. 512. Chairperson. Sec. 513. Authorizations of appropriations. Sec. 514. Conforming amendments. Title VI—Studies by the Comptroller General Sec. 601. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds. Sec. 602. Study by the Comptroller General on administrative cost savings. 3. References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 ( 29 U.S.C. 9201 et seq. ). 4. Effective date Except as otherwise provided, this Act and the amendments made by this Act shall be effective with respect to fiscal year 2014 and succeeding fiscal years. I AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998 A Workforce Investment Definitions 101. Definitions Section 101 ( 29 U.S.C. 2801 ) is amended— (1) by striking paragraphs (13) and (24); (2) by redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14) through (23) as paragraphs (15) through (24), respectively; (3) by striking paragraphs (52) and (53); (4) by inserting after In this title: the following new paragraphs: (1) Accrued expenditures The term accrued expenditures means charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; services performed by employees, contractors, subgrantees, subcontractors, and other payees; and other amounts becoming owed under programs assisted under this title for which no current services or performance is required, such as annuities, insurance claims, and other benefit payments. (2) Administrative costs The term administrative costs means expenditures incurred by State and local workforce investment boards, direct recipients (including State grant recipients under subtitle B and recipients of awards under subtitles C and D), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under this title which are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and non-personnel and both direct and indirect. ; (5) in paragraph (3) (as so redesignated), by striking Except in sections 127 and 132, the and inserting The ; (6) by amending paragraph (5) (as so redesignated) to read as follows: (5) Area career and technical education school The term area career and technical education school has the meaning given the term in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(3)). ; (7) in paragraph (6) (as so redesignated), by inserting (or such other level as the Governor may establish) after 8th grade level ; (8) in paragraph (10)(C) (as so redesignated), by striking not less than 50 percent of the cost of the training and inserting a significant portion of the cost of training, as determined by the local board (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board determines to be appropriate ; (9) in paragraph (11) (as so redesignated)— (A) in subparagraph (A)(ii)(II), by striking section 134(c) and inserting section 121(e) ; (B) in subparagraph (B)(iii)— (i) by striking 134(d)(4) and inserting 134(c)(4) ; and (ii) by striking intensive services described in section 134(d)(3) and inserting work ready services described in section 117(d)(5)(C) ; (C) in subparagraph (C), by striking or after the semicolon; (D) in subparagraph (D), by striking the period and inserting ; or ; and (E) by adding at the end the following: (E) (i) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or (ii) is the spouse of a member of the Armed Forces on active duty who meets the criteria described in paragraph (12)(B). ; (10) in paragraph (12)(A) (as redesignated)— (A) by striking and after the semicolon and inserting or ; (B) by striking (A) and inserting (A)(i) ; and (C) by adding at the end the following: (ii) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; and ; (11) in paragraph (13) (as so redesignated), by inserting or regional after local each place it appears; (12) in paragraph (14) (as so redesignated)— (A) in subparagraph (A), by striking section 122(e)(3) and inserting section 122 ; (B) by striking subparagraph (B), and inserting the following: (B) work ready services, means a provider who is identified or awarded a contract as described in section 117(d)(5)(C); or ; (C) by striking subparagraph (C); and (D) by redesignating subparagraph (D) as subparagraph (C). (13) in paragraph (15) (as so redesignated), by striking adult or dislocated worker and inserting individual ; (14) in paragraph (25)— (A) in subparagraph (B), by striking higher of— and all that follows through clause (ii) and inserting poverty line for an equivalent period; ; (B) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and (C) by inserting after subparagraph (C) the following: (D) receives or is eligible to receive free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); ; (15) in paragraph (32), by striking the Republic of the Marshall Islands, the Federated States of Micronesia, ; (16) by amending paragraph (33) to read as follows: (33) Out-of-school youth The term out-of-school youth means— (A) an at-risk youth who is a school dropout; or (B) an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed. . (17) in paragraph (38), by striking 134(a)(1)(A) and inserting 134(a)(1)(B) ; (18) by amending paragraph (49) to read as follows: (49) Veteran The term veteran has the same meaning given the term in section 2108(1) of title 5, United States Code. ; (19) by amending paragraph (50) to read as follows: (50) Career and technical education The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ; (20) in paragraph (51) by striking , and a youth activity ; and (21) by adding at the end the following: (52) At-risk youth Except as provided in subtitle C, the term at-risk youth means an individual who— (A) is not less than age 16 and not more than age 24; (B) is a low-income individual; and (C) is an individual who is one or more of the following: (i) a secondary school dropout; (ii) a youth in foster care (including youth aging out of foster care); (iii) a youth offender; (iv) a youth who is an individual with a disability; or (v) a migrant youth. (53) Industry or sector partnership The term industry or sector partnership means a partnership of a State or local board and one or more industries and other entities that have the capability to help the State or local board determine the immediate and long term skilled workforce needs of in-demand industries and other occupations important to the State or local economy, respectively. (54) Industry-recognized credential The term industry-recognized credential means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring. (55) Recognized postsecondary credential The term ‘recognized postsecondary credential’ means a credential awarded by a training provider or postsecondary educational institution based on completion of all requirements for a program of study, including coursework or tests or other performance evaluations. The term includes an industry-recognized credential, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree. (56) Pay-for-performance contract strategy The term pay-for-performance contract strategy means a strategy in which a pay-for-performance contract to provide a program of employment and training activities incorporates— (A) the core indicators of performance described in subclauses (I) through (IV) of section 136(b)(2)(A)(i); (B) a fixed amount that will be paid to an eligible provider of such employment and training activities for each program participant who, within a defined timetable, achieves the agreed to levels of performance based upon the core indicators of performance described in subparagraph (A), and may include a bonus payment to such provider which may be used to expand the capacity of such provider; (C) the ability for an eligible provider to recoup the costs of training a program participant who has not met such core indicators of performance, but for whom the provider is able to demonstrate that such participant gained specific competencies required for education and career advancement that are, where feasible, tied to industry-recognized credentials and related standards, or State licensing requirements; and (D) the ability for an eligible provider that does not meet the requirements under section 122(a)(2) to participate in such pay-for-performance contract and to not be required to report on the performance and cost information required under section 122(d). . B Statewide and Local Workforce Investment Systems 102. Purpose Section 106 ( 29 U.S.C. 2811 ) is amended by adding at the end the following: It is also the purpose of this subtitle to provide workforce investment activities in a manner that enhances employer engagement, promotes customer choices in the selection of training services, and ensures accountability in the use of the taxpayer funds. . 103. State workforce investment boards Section 111 (29 U.S.C. 2821) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B) (as so redesignated)— (I) by amending clause (i)(I), by striking section 117(b)(2)(A)(i) and inserting section 117(b)(2)(A) ; (II) by amending clause (i)(II) to read as follows: (II) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the State economy; and ; (III) by striking clause (iii) and inserting the following: (iii) a State agency official responsible for economic development; and ; (IV) by striking clauses (iv) through (vi); (V) by amending clause (vii) to read as follows: (vii) such other representatives and State agency officials as the Governor may designate, including— (I) members of the State legislature; (II) representatives of individuals and organizations that have experience with respect to youth activities; (III) representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community-based organizations within the State; (IV) representatives of the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners; or (V) representatives of veterans service organizations. ; and (VI) by redesignating clause (vii) (as so amended) as clause (iv); and (B) by amending paragraph (3) to read as follows: (3) Majority A 2/3 majority of the members of the board shall be representatives described in paragraph (1)(B)(i). ; (2) in subsection (c), by striking (b)(1)(C)(i) and inserting (b)(1)(B)(i) ; (3) by amending subsection (d) to read as follows: (d) Functions The State board shall assist the Governor of the State as follows: (1) State plan Consistent with section 112, develop a State plan. (2) Statewide workforce development system Review and develop statewide policies and programs in the State in a manner that supports a comprehensive Statewide workforce development system that will result in meeting the workforce needs of the State and its local areas. Such review shall include determining whether the State should consolidate additional programs into the Workforce Investment Fund in accordance with section 501(e). (3) Workforce and labor market information system Develop a statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act, which may include using existing information conducted by the State economic development entity or related entity in developing such system. (4) Employer engagement Develop strategies across local areas that meet the needs of employers and support economic growth in the State by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (5) Designation of local areas Designate local areas as required under section 116. (6) One-stop delivery system Identify and disseminate information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies. (7) Program oversight Conduct the following program oversight: (A) Reviewing and approving local plans under section 118. (B) Ensuring the appropriate use and management of the funds provided for State employment and training activities authorized under section 134. (C) Preparing an annual report to the Secretary described in section 136(d). (8) Development of performance measures Develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, as described under section 136(b). ; (4) by striking subsection (e) and redesignating subsection (f) as subsection (e); (5) in subsection (e) (as so redesignated), by inserting or participate in any action taken after vote ; (6) by inserting after subsection (e) (as so redesignated), the following: (f) Staff The State board may employ staff to assist in carrying out the functions described in subsection (d). ; and (7) in subsection (g), by inserting electronic means and after on a regular basis through . 104. State plan Section 112 (29 U.S.C. 2822)— (1) in subsection (a)— (A) by striking 127 or ; and (B) by striking 5-year strategy and inserting 3-year strategy ; (2) in subsection (b)— (A) by amending paragraph (4) to read as follows: (4) information describing— (A) the economic conditions in the State; (B) the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy; (C) the knowledge and skills of the workforce in the State; and (D) workforce development activities (including education and training) in the State; ; (B) by amending paragraph (7) to read as follows: (7) a description of the State criteria for determining the eligibility of training providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training programs relate to occupations that are in-demand; ; (C) by amending paragraph (8) to read as follows: (8) (A) a description of the procedures that will be taken by the State to assure coordination of, and avoid duplication among, the programs and activities identified under section 501(b)(2); and (B) a description of common data collection and reporting processes used for the programs and activities described in subparagraph (A), which are carried out by one-stop partners, including— (i) assurances that such processes use quarterly wage records for performance measures described in section 136(b)(2)(A) that are applicable to such programs or activities; or (ii) if such wage records are not being used for the performance measures, an identification of the barriers to using such wage records and a description of how the State will address such barriers within one year of the approval of the plan; ; (D) in paragraph (9), by striking , including comment by representatives of businesses and representatives of labor organizations, ; (E) in paragraph (11), by striking under sections 127 and 132 and inserting under section 132 ; (F) by striking paragraph (12); (G) by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively; (H) in paragraph (12) (as so redesignated), by striking 111(f) and inserting 111(e) ; (I) in paragraph (13) (as so redesignated), by striking 134(c) and inserting 121(e) ; (J) in paragraph (14) (as so redesignated), by striking 116(a)(5) and inserting 116(a)(4) ; (K) in paragraph (16) (as so redesignated)— (i) in subparagraph (A)— (I) in clause (ii), by striking to dislocated workers ; (II) in clause (iii), by striking 134(d)(4) and inserting 134(c)(4) ; (III) by striking and at the end of clause (iii); (IV) by amending clause (iv) to read as follows: (iv) how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. )), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled and homeless veterans), and Native Americans; and ; and (V) by adding at the end the following new clause: (v) how the State will— (I) consistent with section 188 and Executive Order No. 13217 ( 42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and (II) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; ; and (ii) in subparagraph (B), by striking to the extent practicable and inserting in accordance with the requirements of the Jobs for Veterans Act (Public Law 107–288) and the amendments made by such Act ; and (L) by striking paragraph (17) (as so redesignated) and inserting the following: (17) a description of the strategies and services that will be used in the State— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the State economy; (B) to meet the needs of employers in the State; and (C) to better coordinate workforce development programs with economic development activities; (18) a description of how the State board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; (B) to address the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the State economy, and (C) to address critical skill gaps within and across industries; (19) a description of how the State will utilize technology to facilitate access to services in remote areas, which may be used throughout the State; (20) a description of the State strategy and assistance to be provided for encouraging regional cooperation within the State and across State borders, as appropriate; (21) a description of the actions that will be taken by the State to foster communication, coordination, and partnerships with non-profit organizations (including public libraries, community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, to enhance the quality and comprehensiveness of services available to participants under this title; (22) a description of the process and methodology for determining— (A) one-stop partner program contributions for the cost of the infrastructure of one-stop centers under section 121(h)(1); and (B) the formula for allocating such infrastructure funds to local areas under section 121(h)(3); (23) a description of the strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the State and local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; and (24) a description of— (A) how the State will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the State to assist and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the State. ; (3) in subsection (c), by striking period, that— and all that follows through paragraph (2) and inserting period, that the plan is inconsistent with the provisions of this title. ; and (4) in subsection (d), by striking 5-year and inserting 3-year . 105. Local workforce investment areas Section 116 (29 U.S.C. 2831) is amended— (1) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general (A) Process In order to receive an allotment under section 132, a State, through the State board, shall establish a process to designate local workforce investment areas within the State. Such process shall— (i) support the statewide workforce investment system developed under section 111(d)(2) that will meet the workforce needs of the State and its local areas; (ii) include prior consultation with chief elected officials; (iii) consider comments received through the public comment process as described in section 112(b)(9); and (iv) require the submission of an approved application under subparagraph (B). (B) Application To be designated as a local area under this paragraph, a local or regional board (or consortiums of local or regional boards) shall submit an application to a State board at such time, in such manner, and containing such information as the State board may require, including— (i) a description of the local area, including the population that will be served by the local area, and the education and training needs of its employers and workers; (ii) a description of how the local area is consistent or aligned with— (I) service delivery areas; (II) labor market areas; and (III) economic development regions; (iii) a description of the eligible providers of education and training, including postsecondary educational institutions such as community colleges, located in the local area available to meet the needs of the local workforce; (iv) a description of the distance that individuals will need to travel to receive services provided in such local area; and (v) any other criteria that the State board may require. (C) Priority In designating local areas under this paragraph, a State board shall give priority consideration to applicants demonstrating that a designation as a local area under this paragraph will result in the reduction of overlapping service delivery areas, local market areas, or economic development regions. (D) Alignment with local plan A State may designate an applicant as a local area under this paragraph for a period not to exceed 3 years. . (B) by amending paragraph (2) to read as follows: (2) Technical assistance The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1). ; (C) by striking paragraph (3); (D) by striking paragraph (4); (E) by redesignating paragraph (5) as paragraph (3); and (F) in paragraph (3) (as so redesignated), by striking (2) or (3) both places it appears and inserting (1) ; (2) by amending subsection (b) to read as follows: (b) Single states Consistent with subsection (a), the State board of a State may designate the State as a single State local area for the purposes of this title. ; and (3) in subsection (c)— (A) in paragraph (1), by adding at the end the following: The State may require the local boards for the designated region to prepare a single regional plan that incorporates the elements of the local plan under section 118 and that is submitted and approved in lieu of separate local plans under such section. ; and (B) in paragraph (2), by striking employment statistics and inserting workforce and labor market information . 106. Local workforce investment boards Section 117 (29 U.S.C. 2832) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking include— and all that follows through representatives and inserting include representatives ; (II) by striking clauses (ii) through (vi); (III) by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively (and by moving the margins of such clauses 2 ems to the left); (IV) by striking clause (ii) (as so redesignated) and inserting the following: (ii) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the local economy; and ; and (V) by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting ; and ; and (ii) by amending subparagraph (B) to read as follows: (B) may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate, including— (i) a superintendent of the local secondary school system, the president or chief executive officer of a postsecondary educational institution (including a community college, where such an entity exists), or an administrator of local entities providing adult education and literacy activities; (ii) representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); or (iii) representatives of veterans service organizations. ; (B) in paragraph (4)— (i) by striking A majority and inserting A 2/3 majority ; and (ii) by striking (2)(A)(i) and inserting (2)(A) ; and (C) in paragraph (5) by striking (2)(A)(i) and inserting (2)(A) ; (2) by striking subsection (c)(1)(C); (3) by amending subsection (d) to read as follows: (d) Functions of local board The functions of the local board shall include the following: (1) Local plan Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor. (2) Workforce research and regional labor market analysis (A) In general The local board shall— (i) conduct, and regularly update, an analysis of— (I) the economic conditions in the local area; (II) the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy; (III) the knowledge and skills of the workforce in the local area; and (IV) workforce development activities (including education and training) in the local area; and (ii) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act. (B) Existing analysis A local board shall use existing analysis by the local economic development entity or related entity in order to carry out requirements of subparagraph (A)(i). (3) Employer engagement The local Board shall meet the needs of employers and support economic growth in the local area by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (4) Budget and administration (A) Budget (i) In general The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection. (ii) Training reservation In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(c)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve under this clause. (B) Administration (i) Grant recipient (I) In general The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under section 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability. (II) Designation In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I). (III) Disbursal The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board. (ii) Staff The local board may employ staff to assist in carrying out the functions described in this subsection. (iii) Grants and donations The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act. (5) Selection of operators and providers (A) Selection of one-stop operators Consistent with section 121(d), the local board, with the agreement of the chief elected official— (i) shall designate or certify one-stop operators as described in section 121(d)(2)(A); and (ii) may terminate for cause the eligibility of such operators. (B) Identification of eligible training service providers Consistent with this subtitle, the local board shall identify eligible providers of training services described in section 134(c)(4) in the local area, annually review the outcome of each such eligible provider using the criteria under section 122(b)(2), and designate eligible providers in the local area who have demonstrated the highest level of success with respect to such criteria as priority eligible providers for the following program year. (C) Identification of eligible providers of work ready services If the one-stop operator does not provide the services described in section 134(c)(2) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts. (6) Program oversight The local board, in partnership with the chief elected official, shall be responsible for— (A) ensuring the appropriate use and management of the funds provided for local employment and training activities authorized under section 134(b); and (B) conducting oversight of the one-stop delivery system in the local area authorized under section 121. (7) Negotiation of local performance measures The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c). (8) Technology improvements The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including in remote areas. ; (4) in subsection (e)— (A) by inserting electronic means and after regular basis through ; and (B) by striking and the award of grants or contracts to eligible providers of youth activities, ; (5) in subsection (f)— (A) in paragraph (1)(A), by striking section 134(d)(4) and inserting section 134(c)(4) ; and (B) by striking paragraph (2) and inserting the following: (2) Work ready services, designation, or certification as one-stop operators A local board may provide work ready services described in section 134(c)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor. ; (6) in subsection (g)(1), by inserting or participate in any action taken after vote ; and (7) by striking subsections (h) and (i). 107. Local plan Section 118 (29 U.S.C. 2833) is amended— (1) in subsection (a), by striking 5-year and inserting 3-year ; (2) by amending subsection (b) to read as follows: (b) Contents The local plan shall include— (1) a description of the analysis of the local area's economic and workforce conditions conducted under section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle; (2) a description of the one-stop delivery system in the local area, including— (A) a description of how the local board will ensure— (i) the continuous improvement of eligible providers of services through the system; and (ii) that such providers meet the employment needs of local businesses and participants; and (B) a description of how the local board will facilitate access to services provided through the one-stop delivery system consistent with section 117(d)(8); (3) a description of the strategies and services that will be used in the local area— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the local economy; (B) to meet the needs of employers in the local area; (C) to better coordinate workforce development programs with economic development activities; and (D) to better coordinate workforce development programs with employment, training, and literacy services carried out by nonprofit organizations, including public libraries, as appropriate; (4) a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; (B) to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the local economy; and (C) to address critical skill gaps within and across industries; (5) a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(c)(4); (6) a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide activities, as appropriate; (7) a description of how the local area will— (A) coordinate activities with the local area’s disability community and with services provided under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(A)(i)(VIII) ) by local educational agencies serving such local area to make available comprehensive, high-quality services to individuals with disabilities; (B) consistent with section 188 and Executive Order No. 13217 (42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities, with a focus on employment that fosters independence and integration; and (C) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; (8) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be— (A) used to measure the performance of the local area; and (B) used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area; (9) a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan; (10) a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as the Supplemental Nutrition Assistance Program), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled veterans and homeless veterans), and Native Americans; (11) an identification of the entity responsible for the disbursal of grant funds described in subclause (III) of section 117(d)(4)(B)(i), as determined by the chief elected official or the Governor under such section; (12) a description of the strategies and services that will be used in the local area to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; (13) a description of— (A) how the local area will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the local area to assist and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the local area; (14) a description of— (A) the duties assigned to the veteran employment specialist consistent with the requirements of section 134(f); (B) the manner in which the veteran employment specialist is integrated into the One-Stop Career System described in section 121; (C) the date on which the veteran employment specialist was assigned; and (D) whether the veteran employment specialist has satisfactorily competed such training by the National Veterans' Employment and Training Services Institute; and (15) such other information as the Governor may require. ; (3) in subsection (c)(1), by striking such means and inserting electronic means such ; and (4) in subsection (c)(2), by striking , including representatives of business and representatives of labor organizations, . 108. Establishment of one-stop delivery system Section 121 ( 29 U.S.C. 2841 ) is amended— (1) in subsection (b)— (A) by striking subparagraph (A) of paragraph (1) and inserting the following: (A) Roles and responsibilities of one-stop partners Each entity that carries out a program or activities described in subparagraph (B) shall— (i) provide access through the one-stop delivery system to the program and activities carried out by the entity, including making the work ready services described in section 134(c)(2) that are applicable to the program of the entity available at one-stop centers (in addition to any other appropriate locations); (ii) use a portion of the funds available to the program of the entity to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) enter into a local memorandum of understanding with the local board relating to the operation of the one-stop delivery system that meets the requirements of subsection (c); and (iv) participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the programs carried out by the entity. ; (B) in paragraph (1)(B)— (i) by striking clauses (ii), (v), and (vi); (ii) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; (iii) by redesignating clauses (vii) through (xii) as clauses (iv) through (ix), respectively; (iv) in clause (viii), as so redesignated, by striking and at the end; (v) in clause (ix), as so redesignated, by striking the period and inserting ; and ; and (vi) by adding at the end the following: (x) subject to subparagraph (C), programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ; (C) by inserting after paragraph (1)(B) the following: (C) Determination by the governor Each entity carrying out a program described in subparagraph (B)(x) shall carry out the required partner activities described in subparagraph (A) unless the Governor of the State in which the local area is located provides the Secretary and Secretary of Health and Human Services written notice of a determination by the Governor that such entities shall not carry out such required partner activities. ; and (D) in paragraph (2)— (i) in subparagraph (A)(i), by striking section 134(d)(2) and inserting section 134(c)(2) ; and (ii) in subparagraph (B)— (I) by striking clauses (i), (ii), and (v); (II) in clause (iv), by striking and at the end; (III) by redesignating clauses (iii) and (iv) as clauses (i) and (ii), respectively; and (IV) by adding at the end the following: (iii) employment and training programs administered by the Commissioner of the Social Security Administration; (iv) employment and training programs carried out by the Administrator of the Small Business Administration; (v) employment, training, and literacy services carried out by public libraries; and (vi) other appropriate Federal, State, or local programs, including programs in the private sector. ; (2) in subsection (c)(2), by amending subparagraph (A) to read as follows: (A) provisions describing— (i) the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated through such system; (ii) how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for nontraditional employment; and (iv) the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and ; (3) in subsection (d)— (A) in the heading for paragraph (1), by striking Designation and certification and inserting Local designation and certification ; (B) in paragraph (2)— (i) by striking section 134(c) and inserting subsection (e) ; (ii) by amending subparagraph (A) to read as follows: (A) shall be designated or certified as a one-stop operator through a competitive process; and ; and (iii) in subparagraph (B), by striking clause (ii) and redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and (C) in paragraph (3), by striking vocational and inserting career and technical ; (4) by amending subsection (e) to read as follows: (e) Establishment of one-Stop delivery system (1) In general There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall— (A) provide the work ready services described in section 134(c)(2); (B) provide access to training services as described in section 134(c)(4), including serving as the point of access to career enhancement accounts for training services to participants in accordance with paragraph (4)(F) of such section; (C) provide access to the activities carried out under section 134(d), if any; (D) provide access to programs and activities carried out by one-stop partners that are described in subsection (b) of this section; and (E) provide access to the information described in section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l–2(e)). (2) One-stop delivery At a minimum, the one-stop delivery system— (A) shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than one physical center in each local area of the State; and (B) may also make programs, services, and activities described in paragraph (1) available— (i) through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and (ii) through a network of eligible one-stop partners— (I) in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically- or technologically-linked access point; and (II) that assures individuals that information on the availability of the work ready services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I). (3) Specialized centers The centers and sites described in paragraph (2) may have a specialization in addressing special needs. ; and (5) by adding at the end the following: (g) Certification of one-Stop centers (1) In general (A) In general The State board shall establish objective procedures and criteria for certifying, at least once every 3 years, one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h). (B) Criteria The criteria for certification under this subsection shall include— (i) meeting all of the expected levels of performance for each of the core indicators of performance as outlined in the State plan under section 112; (ii) meeting minimum standards relating to the scope and degree of service integration achieved by the centers involving the programs provided by the one-stop partners; and (iii) meeting minimum standards relating to how the centers ensure that eligible providers meet the employment needs of local employers and participants. (C) Effect of certification One-stop centers certified under this subsection shall be eligible to receive the infrastructure grants authorized under subsection (h). (2) Local boards Consistent with the criteria developed by the State, the local board may develop additional criteria of higher standards to respond to local labor market and demographic conditions and trends. (h) One-Stop infrastructure funding (1) Partner contributions (A) Provision of funds Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B) for a fiscal year shall be provided to the Governor by such programs to carry out this subsection. (B) Determination of governor (i) In general Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers by each partner, the costs of administration for purposes not related to one-stop centers for each partner, and other relevant factors described in paragraph (3). (ii) Special rule In those States where the State constitution places policy-making authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title II of this Act and for postsecondary career education activities authorized under the Carl D. Perkins Career and Technical Education Act, the determination described in clause (i) with respect to such programs shall be made by the Governor with the appropriate entity or official with such independent policy-making authority. (iii) Appeal by one-stop partners The Governor shall establish a procedure for the one-stop partner administering a program described in subsection (b) to appeal a determination regarding the portion of funds to be contributed under this paragraph on the basis that such determination is inconsistent with the criteria described in the State plan or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal. (C) Limitations (i) Provision from administrative funds The funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the limitations with respect to the portion of funds under such programs that may be used for administration. (ii) Federal direct spending programs Programs that are Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)) shall not, for purposes of this paragraph, be required to provide an amount in excess of the amount determined to be equivalent to the proportionate use of the one-stop centers by such programs in the State. (2) Allocation by governor From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph (3) for the purposes of assisting in paying the costs of the infrastructure of one-stop centers certified under subsection (g). (3) Allocation formula The State board shall develop a formula to be used by the Governor to allocate the funds described in paragraph (1). The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in the local area that have been certified, the population served by such centers, and the performance of such centers. (4) Costs of infrastructure For purposes of this subsection, the term costs of infrastructure means the nonpersonnel costs that are necessary for the general operation of a one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, and equipment (including assistive technology for individuals with disabilities). (i) Other funds (1) In general In addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), or the noncash resources available under such programs shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved including— (A) infrastructure costs that are in excess of the funds provided under subsection (h); (B) common costs that are in addition to the costs of infrastructure; and (C) the costs of the provision of work ready services applicable to each program. (2) Determination and guidance The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph (1) shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide guidance to facilitate the determination of appropriate allocation of the funds and noncash resources in local areas. . 109. Identification of eligible providers of training services Section 122 ( 29 U.S.C. 2842 ) is amended to read as follows: 122. Identification of eligible providers of training services (a) Eligibility (1) In general The Governor, after consultation with the State board, shall establish criteria and procedures regarding the eligibility of providers of training services described in section 134(c)(4) to receive funds provided under section 133(b) for the provision of such training services. (2) Providers Subject to the provisions of this section, to be eligible to receive the funds provided under section 133(b) for the provision of training services, the provider shall be— (A) a postsecondary educational institution that— (i) is eligible to receive Federal funds under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (ii) provides a program that leads to a recognized postsecondary credential; (B) an entity that carries out programs under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); or (C) another public or private provider of a program of training services. (3) Inclusion in list of eligible providers A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be included on the list of eligible providers of training services described in subsection (d) for so long as the provider remains certified by the Secretary of Labor to carry out the programs described in paragraph (2)(B). (b) Criteria (1) In general The criteria established pursuant to subsection (a) shall take into account— (A) the performance of providers of training services with respect to the performance measures described in section 136 and other matters for which information is required under paragraph (2) and other appropriate measures of performance outcomes for those participants receiving training services under this subtitle; (B) whether the training programs of such providers relate to occupations that are in demand; (C) the need to ensure access to training services throughout the State, including in rural areas; (D) the ability of providers to offer programs that lead to a recognized postsecondary credential; (E) the information such providers are required to report to State agencies with respect to other Federal and State programs (other than the program carried out under this subtitle), including one-stop partner programs; and (F) such other factors as the Governor determines are appropriate. (2) Information The criteria established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State for purposes of carrying out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including— (A) information on recognized postsecondary credentials received by such participants; (B) information on costs of attendance for such participants; (C) information on the program completion rate for such participants; and (D) information on the performance of the provider with respect to the performance measures described in section 136 for such participants. (3) Renewal The criteria established by the Governor shall also provide for a review every 3 years and renewal of eligibility under this section for providers of training services. (4) Local criteria A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required under the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) to provide the services in the local area involved. (5) Limitation In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or eligible student in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (c) Procedures The procedures established under subsection (a) shall— (1) identify— (A) the application process for a provider of training services to become eligible to receive funds under section 133(b) for the provision of training services; and (B) the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria established under this section; and (2) establish a process for a provider of training services to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal. (d) Information To assist participants in choosing providers In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list or lists of providers determined eligible under this section in the State, including information provided under subsection (b)(2) with respect to such providers, is provided to the local boards in the State and is made available to such participants and to members of the public through the one-stop delivery system in the State. (e) Enforcement (1) In general The criteria and procedures established under this section shall provide the following: (A) Intentionally supplying inaccurate information Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services, or individual providing information on behalf of the provider, intentionally supplied inaccurate information under this section, the eligibility of such provider to receive funds under chapter 5 shall be terminated for a period of time that is not less than 2 years. (B) Substantial violations Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services substantially violated any requirement under this title, the eligibility of such provider to receive funds under the program involved shall be terminated for a period of time that is not less than 10 years. (C) Repayment A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 during a period of noncompliance described in such subparagraph. (2) Construction Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties. (f) Agreements with other states States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept career enhancement accounts provided in another State. (g) Recommendations In developing the criteria, procedures, and information required under this section, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State. (h) Opportunity To submit comments During the development of the criteria, procedures, requirements for information, and the list of eligible providers required under this section, the Governor shall provide an opportunity for interested members of the public to submit comments regarding such criteria, procedures, and information. (i) On-the-Job training or customized training exception (1) In general Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (d). (2) Collection and dissemination of information A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services. . 110. General authorization Chapter 5 of subtitle B of title I is amended— (1) by striking the heading for chapter 5 and inserting the following: Employment and training activities ; and (2) in section 131 (29 U.S.C. 2861)— (A) by striking paragraphs (1)(B) and (2)(B) of ; and (B) by striking adults, and dislocated workers, and inserting individuals . 111. State allotments Section 132 (29 U.S.C. 2862) is amended— (1) by amending subsection (a) to read as follows: (a) In general The Secretary shall— (1) reserve ½ of 1 percent of the total amount appropriated under section 137 for a fiscal year, of which— (A) 50 percent shall be used to provide technical assistance under section 170; and (B) 50 percent shall be used for evaluations under section 172; (2) reserve 1 percent of the total amount appropriated under section 137 for a fiscal year to make grants to, and enter into contracts or cooperative agreements with Indian tribes, tribal organizations, Alaska-Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out employment and training activities; (3) reserve not more than 25 percent of the total amount appropriated under section 137 for a fiscal year to carry out the Jobs Corps program under subtitle C; (4) reserve not more than 3.5 percent of the total amount appropriated under section 137 for a fiscal year to— (A) make grants to State or local boards to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; and (B) provide assistance to Governors of States with an area that has suffered an emergency or a major disaster (as such terms are defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )) to provide disaster relief employment in the area; and (5) from the remaining amount appropriated under section 137 for a fiscal year (after reserving funds under paragraphs (1) through (4)), make allotments in accordance with subsection (b) of this section. ; and (2) by amending subsection (b) to read as follows: (b) Workforce investment fund (1) Reservation for outlying areas (A) In general From the amount made available under subsection (a)(5) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent to provide assistance to the outlying areas. (B) Restriction The Republic of Palau shall cease to be eligible to receive funding under this subparagraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 ( Public Law 99–658 )) after the date of enactment of the SKILLS Act. (2) States (A) In general After determining the amount to be reserved under paragraph (1), the Secretary shall allot the remainder of the amount referred to in subsection (a)(5) for a fiscal year to the States pursuant to subparagraph (B) for employment and training activities and statewide workforce investment activities. (B) Formula Subject to subparagraphs (C) and (D) , of the remainder— (i) 25 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (ii) 25 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States; (iii) 25 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more; and (iv) 25 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States. (C) Minimum and maximum percentages (i) Minimum percentage The Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2014 through 2016, that is less than 100 percent of the allotment percentage of the State for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year. (ii) Maximum percentage Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2014 through 2016, that is more than 130 percent of the allotment percentage of the State for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year. (D) Small state minimum allotment Subject to subparagraph (C) , the Secretary shall ensure that no State shall receive an allotment under this paragraph for a fiscal year that is less than 1/5 of 1 percent of the remainder described in subparagraph (A) for the fiscal year. (E) Definitions For the purpose of the formula specified in this paragraph: (i) Allotment percentage The term allotment percentage — (I) used with respect to fiscal year 2012, means the percentage of the amounts allotted to States under title I of this Act, title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ), the Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the State involved for fiscal year 2012; and (II) used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allotted to States under this paragraph for the fiscal year that is received under this paragraph by the State involved for the fiscal year. (ii) Disadvantaged youth The term disadvantaged youth means an individual who is not less than age 16 and not more than age 24 who receives an income, or is a member of a family that received a total family income, that in relation to family size, does not exceed the higher of— (I) the poverty line; or (II) 70 percent of the lower living standard income level. (iii) Individual The term individual means an individual who is age 16 or older. . 112. Within State allocations Section 133 is amended— (1) by amending subsection (a) to read as follows: (a) Reservations for Statewide workforce investment activities (1) Statewide employment and training activities The Governor of a State shall reserve up to 15 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out the statewide activities described in section 134(a). (2) Statewide rapid response activities Of the amount reserved under paragraph (1) for a fiscal year, the Governor of the State shall reserve not more than 25 percent for statewide rapid response activities described in section 134(a)(4). (3) Statewide grants for individuals with barriers to employment Of the amount reserved under paragraph (1) for a fiscal year, the Governor of a State shall reserve 15 percent to carry out statewide activities described in section 134(a)(5). (4) State administrative cost limit Not more than 5 percent of the funds reserved under paragraph (1) may be used by the Governor of a State for administrative costs of carrying out the statewide activities described in section 134(a). ; (2) by amending subsection (b) to read as follows: (b) Within state allocation (1) Methods The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas, shall— (A) allocate the funds that are allotted to the State for employment and training activities and not reserved under subsection (a), in accordance with paragraph (2)(A); and (B) award the funds that are reserved by the State under subsection (a)(3) through competitive grants to eligible entities, in accordance with section 134(a)(1)(C). (2) Formula allocations for the workforce investment fund (A) Allocation In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate— (i) 25 percent on the basis described in section 132(b)(2)(B)(i); (ii) 25 percent on the basis described in section 132(b)(2)(B)(ii); (iii) 25 percent on the basis described in section 132(b)(2)(B)(iii); and (iv) 25 percent on the basis described in section 132(b)(2)(B)(iv). (B) Minimum and maximum percentages (i) Minimum percentage The State shall ensure that no local area shall receive an allocation under this paragraph for— (I) each of fiscal years 2014 through 2016, that is less than 100 percent of the allocation percentage of the local area for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allocation percentage of the local area for the preceding fiscal year. (ii) Maximum percentage Subject to clause (i) , the State shall ensure that no local area shall receive an allocation for a fiscal year under this paragraph for— (I) each of fiscal years 2014 through 2016, that is more than 130 percent of the allocation percentage of the local area for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is more than 130 percentage of the allocation percentage of the local area for the preceding fiscal year. (C) Definitions For the purpose of the formula specified in this paragraph, the term allocation percentage — (i) used with respect to fiscal year 2012, means the percentage of the amounts allocated to local areas under title I of this Act, title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.), the Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the local area involved for fiscal year 2012; and (ii) used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allocated to local areas for the fiscal year under this paragraph that is received under this paragraph by the local area involved for the fiscal year. ; (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general The Governor, may in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation. ; (B) in paragraph (2), by striking paragraph (2)(A) or (3) of subsection (b) for such activities and inserting subsection (b) for such activities ; (C) by amending paragraph (3) to read as follows: (3) Reallocations In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(2) for such activities for such prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(2) for such activities for such prior program year. ; and (D) in paragraph (4), by striking paragraph (2)(A) or (3) of ; and (4) by adding at the end the following new subsection: (d) Local administrative cost limit Of the amounts allocated to a local area under this section for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities in the local area under this chapter. . 113. Use of funds for employment and training activities Section 134 is amended— (1) by amending subsection (a) to read as follows: (a) Statewide Employment and Training Activities (1) In general (A) Distribution of statewide activities Funds reserved by a Governor for a State as described in section 133(a)(1)— (i) shall be used to carry out the statewide employment and training activities described in paragraph (2); and (ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3). (B) Statewide rapid response activities Funds reserved by a Governor for a State as described in section 133(a)(2) shall be used to carry out the statewide rapid response activities described in paragraph (4). (C) Statewide grants for individuals with barriers to employment Funds reserved by a Governor for a State as described in section 133(a)(3) shall be used to carry out the Statewide Grants for Individuals with Barriers to Employment competition described in paragraph (5). (2) Required Statewide employment and training activities A State shall use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities, which shall include— (A) disseminating the State list of eligible providers of training described in section 122(d), information identifying eligible providers of on-the-job training and customized training described in section 122(i), and performance information and program cost information described in section 122(b)(2); (B) supporting the provision of work ready services described in subsection (c)(2) in the one-stop delivery system; (C) implementing strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, recognized postsecondary credentials, and employment experience to succeed in the labor market; (D) conducting evaluations under section 136(e) of activities authorized under this chapter in coordination with evaluations carried out by the Secretary under section 172; (E) providing technical assistance to local areas that fail to meet local performance measures; (F) operating a fiscal and management accountability system under section 136(f); and (G) carrying out monitoring and oversight of activities carried out under this chapter. (3) Allowable statewide employment and training activities A State may use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities which may include— (A) implementing innovative programs and strategies designed to meet the needs of all employers in the State, including small employers, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnerships, career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title; (B) providing incentive grants to local areas for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)), for local coordination of activities carried out under this Act, and for exemplary performance by local areas on the local performance measures; (C) developing strategies for effectively integrating programs and services among one-stop partners; (D) carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; (E) incorporating pay-for-performance contracting strategies as an element in funding activities under this section and providing technical support to local areas and eligible providers in order to carry out such strategy, which may provide assistance with data collection and data entry requirements; (F) carrying out the State option under subsection (f)(8); and (G) carrying out other activities authorized under this section that the State determines to be necessary to assist local areas in carrying out activities described in subsection (c) or (d) through the statewide workforce investment system. (4) Statewide rapid response activities A State shall use funds reserved as described in section 133(a)(2) to carry out statewide rapid response activities, which shall include— (A) provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas; and (B) provision of additional assistance to local areas that experience disasters, mass layoffs or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas. (5) Statewide grants for individuals with barriers to employment (A) In general Of the funds reserved as described in section 133(a)(3), the Governor of a State— (i) may reserve up to 5 percent to provide technical assistance to, and conduct evaluations as described in section 136(e), of the programs and activities carried out under this paragraph; and (ii) using the remainder, shall award grants on a competitive basis to eligible entities described in subparagraph (B) to carry out employment and training programs authorized under this paragraph for individuals with barriers to employment that meet specific performance outcomes and criteria established by the Governor. (B) Eligible entity defined For purposes of this paragraph, the term eligible entity means an entity that— (i) is a— (I) local board or a consortium of local boards; (II) nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities; or (III) consortium of the entities described in subclauses (I) and (II); (ii) has a demonstrated record of placing individuals into unsubsidized employment and serving hard to serve individuals; and (iii) agrees to be reimbursed primarily on the basis of achievement of specified performance outcomes and criteria established by the Governor. (C) Grant period (i) In general A grant under this paragraph shall be awarded for a period of 1 year. (ii) Grant renewal A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph. (D) Eligible Participants To be eligible to participate in activities under this paragraph, an individual shall be a low-income individual age 16 or older or a member of a low-income family. (E) Use of Funds An eligible entity receiving a grant under this paragraph shall use such funds for activities that are designed to assist eligible participants in obtaining employment and acquiring the education and skills necessary to succeed in the labor market. (F) Applications To be eligible to receive a grant under this paragraph, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including— (i) a description of how the strategies and activities will be aligned with the State plan submitted under section 112 and the local plan submitted under section 118 with respect to the areas of the State that will be the focus of grant activities under this paragraph; (ii) a description of the educational and skills training programs and activities the eligible entity will provide to eligible participants under this paragraph; (iii) how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities; (iv) a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve the education and skills training for eligible participants; (v) a description of the populations to be served and the skill needs of those populations, and the manner in which eligible participants will be recruited and selected as participants; (vi) a description of the private, public, local, and State resources that will be leveraged, in addition to the grant funds provided for the programs and activities under this paragraph, and how the entity will ensure the sustainability of such programs and activities after grant funds are no longer available; (vii) a description of the extent of the involvement of employers in such programs and activities; (viii) a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for all individuals specified in section in 136(b)(2); (ix) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures that will be used to ensure fiscal soundness for the programs and activities provided under this paragraph; and (x) any other criteria the Governor may require. ; (2) by amending subsection (b) to read as follows: (b) Local employment and training activities Funds allocated to a local area under section 133(b)— (1) shall be used to carry out employment and training activities described in subsection (c); and (2) may be used to carry out employment and training activities described in subsection (d). ; (3) by striking subsection (c); (4) by redesignating subsections (d) and (e), as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) In general Funds allocated to a local area under section 133(b) shall be used— (A) to establish a one-stop delivery system as described in section 121(e); (B) to provide the work ready services described in paragraph (2) through the one-stop delivery system in accordance with such paragraph; and (C) to provide training services described in paragraph (4) in accordance with such paragraph. ; (B) in paragraph (2)— (i) in the heading, by striking Core services and inserting Work ready services ; (ii) in the matter preceding subparagraph (A)— (I) by striking (1)(A) and inserting (1)(B) ; (II) by striking core services and inserting work ready services ; and (III) by striking who are adults or dislocated workers ; (iii) by redesignating subparagraph (K) as subparagraph (V); (iv) by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively; (v) by inserting after subparagraph (A) the following: (B) assistance in obtaining eligibility determinations under the other one-stop partner programs through activities, where appropriate and consistent with the authorizing statute of the one-stop partner program, such as assisting in the submission of applications, the provision of information on the results of such applications, and the provision of intake services and information; ; (vi) by amending subparagraph (E), as so redesignated, to read as follows: (E) labor exchange services, including— (i) job search and placement assistance, and where appropriate, career counseling; (ii) appropriate recruitment services for employers, including small employers, in the local area, which may include services described in this subsection, including information and referral to specialized business services not traditionally offered through the one-stop delivery system; and (iii) reemployment services provided to unemployment claimants, including claimants identified as in need of such services under the worker profiling system established under section 303(j) of the Social Security Act (42 U.S.C. 503(j)); ; (vii) in subparagraph (F), as so redesignated, by striking employment statistics and inserting workforce and labor market ; (viii) in subparagraph (G), as so redesignated, by striking and eligible providers of youth activities described in section 123, ; (ix) in subparagraph (H), as so redesignated, by inserting under section 136 after local performance measures ; (x) in subparagraph (J), as so redesignated, by inserting and the administration of the work test for the unemployment compensation system after compensation ; (xi) by amending subparagraph (K), as so redesignated, to read as follows: (K) assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act and are available in the local area; ; and (xii) by inserting the following new subparagraphs after subparagraph (K), as so redesignated: (L) the provision of information from official publications of the Internal Revenue Service regarding Federal tax credits available to individuals relating to education, job training and employment; (M) comprehensive and specialized assessments of the skill levels and service needs of workers, which may include— (i) diagnostic testing and use of other assessment tools; and (ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; (N) development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant; (O) group counseling; (P) individual counseling and career planning; (Q) case management; (R) short-term pre-career services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training; (S) internships and work experience; (T) literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if such activities are not available to participants in the local area under programs administered under the Adult Education and Family Literacy Act (20 U.S.C. 2901 et seq.); (U) out-of-area job search assistance and relocation assistance; and ; and (C) by amending paragraph (3) to read as follows: (3) Delivery of services The work ready services described in paragraph (2) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board. ; (D) in paragraph (4)— (i) by amending subparagraph (A) to read as follows: (A) In general Funds described in paragraph (1)(C) shall be used to provide training services to individuals who— (i) after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to— (I) be in need of training services to obtain or retain employment; and (II) have the skills and qualifications to successfully participate in the selected program of training services; (ii) select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the individual receiving such services are willing to commute or relocate; and (iii) who meet the requirements of subparagraph (B). ; and (ii) in subparagraph (B)(i), by striking Except and inserting Notwithstanding section 479B of the Higher Education Act of 1965 ( 20 U.S.C. 1087uu ) and except ; (iii) by amending subparagraph (D) to read as follows: (D) Training services Training services authorized under this paragraph may include— (i) occupational skills training; (ii) on-the-job training; (iii) skill upgrading and retraining; (iv) entrepreneurial training; (v) education activities leading to a regular secondary school diploma or its recognized equivalent in combination with, concurrently or subsequently, occupational skills training; (vi) adult education and literacy activities provided in conjunction with other training authorized under this subparagraph; (vii) workplace training combined with related instruction; (viii) occupational skills training that incorporates English language acquisition; (ix) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; and (x) training programs operated by the private sector. ; (iv) by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and (v) in subparagraph (E) (as so redesignated)— (I) in clause (ii)— (aa) in the matter preceding subclause (I), by striking subsection (c) and inserting section 121 ; (bb) in subclause (I), by striking section 122(e) and inserting section 122(d) and by striking section 122(h) and inserting section 122(i) ; and (cc) in subclause (II), by striking subsections (e) and (h) and inserting subsection (i) ; and (II) by striking clause (iii) and inserting the following: (iii) Career enhancement accounts An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through a career enhancement account. (iv) Coordination Each local board may, through one-stop centers, coordinate career enhancement accounts with other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services. (v) Assistance Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts in obtaining funds (in addition to the funds provided under this section) from other programs and sources that will assist the individual in obtaining training services. ; and (vi) in subparagraph (F) (as so redesignated)— (I) in the subparagraph heading, by striking individual training accounts and inserting career enhancement accounts ; (II) in clause (i) by striking individual training accounts and inserting career enhancement accounts ; (III) in clause (ii)— (aa) by striking an individual training account and inserting a career enhancement account ; (bb) by striking subparagraph (F) and inserting subparagraph (E) ; (cc) in subclause (II), by striking individual training accounts and inserting career enhancement accounts ; (dd) in subclause (II) by striking or after the semicolon; (ee) in subclause (III) by striking the period and inserting ; or ; and (ff) by adding at the end the following: (IV) the local board determines that it would be most appropriate to award a contract to a postsecondary educational institution that has been identified as a priority eligible provider under section 117(d)(5)(B) in order to facilitate the training of multiple individuals in in-demand sectors or occupations, such contract may be used to enable the expansion of programs provided by a priority eligible provider, and such contract does not limit customer choice. ; (IV) in clause (iii), by striking adult or dislocated worker and inserting individual ; and (V) in clause (iv)— (aa) by redesignating subclause (IV) as subclause (V) and inserting after subclause (III) the following: (IV) Individuals with disabilities. ; (6) in subsection (d) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) Discretionary one-stop delivery activities (A) In general Funds allocated to a local area under section 133(b)(2) may be used to provide, through the one-stop delivery system— (i) customized screening and referral of qualified participants in training services to employers; (ii) customized employment-related services to employers on a fee-for-service basis; (iii) customer supports, including transportation and childcare, to navigate among multiple services and activities for special participant populations that face multiple barriers to employment, including individuals with disabilities; (iv) employment and training assistance provided in coordination with child support enforcement activities of the State agency carrying out subtitle D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ); (v) incorporating pay-for-performance contract strategies as an element in funding activities under this section; (vi) activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and (vii) activities to carry out business services and strategies that meet the workforce investment needs of local area employers, as determined by the local board, consistent with the local plan under section 118. . (B) by striking paragraphs (2) and (3); and (C) by adding at the end the following: (2) Incumbent worker training programs (A) In general The local board may use funds allocated to a local area under section 133(b)(2) to carry out incumbent worker training programs in accordance with this paragraph. (B) Training activities The training programs for incumbent workers under this paragraph shall be carried out by the local area in conjunction with the employers of such workers for the purpose of assisting such workers in obtaining the skills necessary to retain employment and avert layoffs. (C) Employer match required (i) In general Employers participating in programs under this paragraph shall be required to pay a proportion of the costs of providing the training to the incumbent workers of the employers. The local board shall establish the required portion of such costs, which may include in-kind contributions. (ii) Calculation of match The wages paid by an employer to a worker while they are attending training may be included as part of the required payment of the employer. ; and (7) by adding at the end the following: (e) Priority for Placement in Private Sector Jobs In providing employment and training activities authorized under this section, the State and local board shall give priority to placing participants in jobs in the private sector. (f) Veteran employment specialist (1) In general Subject to paragraph (8), a local board shall hire and employ one or more veteran employment specialist to carry out employment, training, and placement services under this subsection in the local area served by the local board. (2) Principal duties A veteran employment specialist in a local area shall— (A) conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including— (i) conducting seminars for employers; and (ii) in conjunction with employers, conducting job search workshops, and establishing job search groups; and (B) facilitate employment, training, supportive, and placement services furnished to veterans, including disabled and homeless veterans, in the local area. (3) Hiring preference for veterans and individuals with expertise in serving veterans Subject to paragraph (8), a local board shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to carry out the services described in paragraph (2) in the local area served by the local board. In hiring an individual to serve as a veteran employment specialist, a local board shall give preference to veterans and other individuals in the following order: (A) To service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to veterans. (C) If no veteran described in subparagraph (A) or (B) is available, to any member of the Armed Forces transitioning out of military service. (D) If no veteran described in subparagraph (A), (B), or (C) is available, to any spouse of a veteran or a spouse of a member of the Armed Forces transitioning out of military service. (E) If no veteran described in subparagraph (A), (B), or (C) is available and no spouse described in paragraph (D) is available, to any other individuals with expertise in serving veterans. (4) Administration and reporting (A) In general Each veteran employment specialist shall be administratively responsible to the manager of the one-stop delivery center in the local area and shall provide, at a minimum, quarterly reports to the manager of such center and to the Director for Veterans’ Employment and Training for the State on the performance and compliance by the specialist with Federal law and regulations with respect to the— (i) principal duties and special services for veterans described in paragraph (2); and (ii) hiring preferences described in paragraph (3) for veterans and individuals with expertise in serving veterans. (B) Report to Secretary Each State shall submit to the Secretary an annual report on the qualifications used by the local board in making hiring determinations for a veteran employment specialist and the salary structure under which such specialist is compensated. (C) Report to Congress The Secretary shall submit to the Committee on Education and the Workforce and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the Senate an annual report summarizing the reports submitted under subparagraph (B), including summaries of outcomes achieved by participating veterans disaggregated by local areas. (5) Part-time employees A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this subsection on a halftime basis. (6) Training requirements Each veteran employment specialist described in paragraph (2) shall satisfactorily complete training provided by the National Veterans' Employment and Training Institute during the three-year period that begins on the date on which the employee is so assigned. (7) Specialist’s duties A full-time veteran employment specialist shall perform only duties related to the employment, training, supportive, and placement services under this subsection, and shall not perform other non-veteran-related duties if such duties detract from the specialist’s ability to perform the specialist's duties related to employment, training, and placement services under this subsection. (8) State option At the request of a local board, a State may assume the duties assigned to the local board under paragraphs (1) and (3), including the hiring and employment of one or more veteran employment specialist for placement in the local area served by the local board. . 114. Performance accountability system Section 136 (29 U.S.C. 2871) is amended— (1) in subsection (b)— (A) by amending paragraphs (1) and (2) to read as follows: (1) In general For each State, the State performance measures shall consist of— (A) (i) the core indicators of performance described in paragraph (2)(A); and (ii) additional indicators of performance (if any) identified by the State under paragraph (2)(B); and (B) a State adjusted level of performance for each indicator described in subparagraph (A). (2) Indicators of performance (A) Core indicators of performance (i) In general The core indicators of performance for the program of employment and training activities authorized under sections 132(a)(2) and 134, the program of adult education and literacy activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), shall consist of the following indicators of performance, each disaggregated by the populations identified in the State and local plans: (I) The percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program. (II) The percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program. (III) The median earnings of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program compared to the median earnings of such participants prior to the training received under such program. (IV) The percentage and number of program participants who obtain a recognized postsecondary credential, a registered apprenticeship, an industry-recognized credential, or a regular secondary school diploma or its recognized equivalent (subject to clause (ii)), during participation in or within 1 year after exit from program. (V) The percentage and number of program participants who, during a program year— (aa) are in an education or training program that leads to a recognized postsecondary credential, a registered apprenticeship or on-the-job training program, an industry-recognized credential, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; and (bb) are achieving measurable basic skill gains toward such a credential or employment. (VI) The percentage and number of program participants who obtain unsubsidized employment in the field relating to the training services described in section 134(c)(4) that such participants received. (ii) Indicator relating to credential For purposes of clause (i)(IV), program participants who obtain a regular secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have, within 1 year after exit from the program, obtained or retained employment, have been removed from public assistance, or are in an education or training program leading to a recognized postsecondary credential. (B) Additional indicators A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle. ; and (B) in paragraph (3)— (i) in subparagraph (A)— (I) in the heading, by striking and customer satisfaction indicator ; (II) in clause (i), by striking and the customer satisfaction indicator described in paragraph (2)(B) ; (III) in clause (ii), by striking and the customer satisfaction indicator of performance, for the first 3 and inserting , for all 3 ; (IV) in clause (iii)— (aa) in the heading, by striking for first 3 years ; and (bb) by striking and the customer satisfaction indicator of performance, for the first 3 program years and inserting for all 3 program years ; (V) in clause (iv)— (aa) by striking or (v) ; (bb) by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and (cc) in subclause (I) (as so redesignated)— (AA) by striking taking into account and inserting which shall be adjusted based on ; (BB) by inserting , such as unemployment rates and job losses or gains in particular industries after economic conditions ; and (CC) by inserting , such as indicators of poor work experience, dislocation from high-wage employment, low levels of literacy or English proficiency, disability status, including the number of veterans with disabilities, and welfare dependency after program ; (VI) by striking clause (v) and redesignating clause (vi) as clause (v); and (VII) in clause (v) (as so redesignated), (aa) by striking described in clause (iv)(II) and inserting described in clause (iv)(I) ; and (bb) by striking or (v) ; and (ii) in subparagraph (B), by striking paragraph (2)(C) and inserting paragraph (2)(B) ; (2) in subsection (c)— (A) by amending clause (i) of paragraph (1)(A) to read as follows: (i) the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsections, other than statewide workforce investment activities; and ; (B) in clause (ii) of paragraph (1)(A), by striking (b)(2)(C) and inserting (b)(2)(B) ; and (C) by amending paragraph (3) to read as follows: (3) Determinations In determining such local levels of performance, the local board, the chief elected official, and the Governor shall ensure such levels are adjusted based on the specific economic characteristics (such as unemployment rates and job losses or gains in particular industries), demographic characteristics, or other characteristics of the population to be served in the local area. ; (3) in subsection (d)— (A) in paragraph (1)— (i) by striking 127 or ; (ii) by striking and the customer satisfaction indicator each place it appears; and (iii) in the last sentence, by inserting before the period the following: , and on the amount and percentage of the State’s annual allotment under section 132 the State spends on administrative costs and on the amount and percentage of its annual allocation under section 133 each local area in the State spends on administrative costs ; (B) in paragraph (2)— (i) by striking subparagraphs (A), (B), and (D); (ii) by redesignating subparagraph (C) as subparagraph (A); (iii) by redesignating subparagraph (E) as subparagraph (B); (iv) in subparagraph (B), as so redesignated— (I) by striking (excluding participants who received only self-service and informational activities) ; and (II) by striking and at the end; (v) by striking subparagraph (F); (vi) by adding at the end the following: (C) with respect to each local area in the State— (i) the number of individuals who received work ready services described under section 134(c)(2) and the number of individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, where the individuals received the training, disaggregated by the type of entity that provided the training, and the amount of funds spent on each type of service; (ii) the number of individuals who successfully exited out of work ready services described under section 134(c)(2) and the number of individuals who exited out of training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and (iii) the average cost per participant of those individuals who received work ready services described under section 134(c)(2) and the average cost per participant of those individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and (D) the amount of funds spent on training services and discretionary one-stop delivery activities, disaggregated by the populations identified in the State and local plans. ; (C) in paragraph (3)(A), by striking through publication and inserting through electronic means ; and (D) by adding at the end the following: (4) Data validation In preparing the reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, to ensure the information contained in the report is valid and reliable. (5) State and local policies (A) State policies Each State that receives an allotment under section 132 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the State board and make such repository available to the public, including by electronic means. (B) Local policies Each local area that receives an allotment under section 133 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the local board and make such repository available to the public, including by electronic means. ; (4) in subsection (g)— (A) in paragraph (1)(A), by striking or (B) ; (B) in paragraph (1)(B), by striking may reduce by not more than 5 percent, and inserting shall reduce ; and (C) by striking paragraph (2) and inserting the following: (2) Funds resulting from reduced allotments The Secretary shall return to the Treasury the amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B). ; (5) in subsection (h)(1), by striking or (B) ; (6) in subsection (h)(2)— (A) in subparagraph (A), by amending the matter preceding clause (i) to read as follows: (A) In general If such failure continues for a second consecutive year, the Governor shall take corrective actions, including the development of a reorganization plan. Such plan shall— ; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (C) by inserting after subparagraph (A), the following: (B) Reduction in the amount of grant If such failure continues for a third consecutive year, the Governor of a State shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance. ; (D) in subparagraph (C)(i) (as so redesignated), by striking a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan and inserting corrective actions under subparagraphs (A) and (B) may, not later than 30 days after receiving notice of the actions, appeal to the Governor to rescind or revise such actions ; and (E) in subparagraph (D) (as so redesignated), by striking subparagraph (B) each place it appears and inserting subparagraph (C) ; (7) in subsection (i)(1)(B), by striking subsection (b)(2)(C) and inserting subsection (b)(2)(B) ; (8) in subsection (i)(1)(C), by striking (b)(3)(A)(vi) and inserting (b)(3)(A)(v) ; (9) in subsection (i)(2), by striking the activities described in section 502 concerning ; (10) in subsection (i)(3), by striking described in paragraph (1) and in the activities described in section 502 and inserting and activities described in this subsection ; and (11) by adding at the end the following new subsections: (j) Use of core indicators for other programs In addition to the programs carried out under chapter 5, and consistent with the requirements of the applicable authorizing laws, the Secretary shall use the core indicators of performance described in subsection (b)(2)(A) to assess the effectiveness of the programs described under section 121(b)(1)(B) that are carried out by the Secretary. (k) Establishing pay-for-Performance incentives (1) In general At the discretion of the Governor of a State, a State may establish an incentive system for local boards to implement pay-for-performance contract strategies for the delivery of employment and training services in the local areas served by the local boards. (2) Implementation A State that establishes a pay-for-performance incentive system shall reserve not more than 10 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to provide funds to local areas in the State whose local boards have implemented a pay-for-performance contract strategy. (3) Evaluations A State described in paragraph (2) shall use funds reserved by the State under section 133(a)(1) to evaluate the return on investment of pay-for-performance contract strategies implemented by local boards in the State. . 115. Authorization of appropriations Section 137 (29 U.S.C. 2872) is amended to read as follows: 137. Authorization of appropriations There are authorized to be appropriated to carry out the activities described in section 132, $6,245,318,000 for fiscal year 2014 and each of the 6 succeeding fiscal years. . C Job Corps 116. Job Corps purposes Paragraph (1) of section 141 (29 U.S.C. 2881(1)) is amended to read as follows: (1) to maintain a national Job Corps program for at-risk youth, carried out in partnership with States and communities, to assist eligible youth to connect to the workforce by providing them with intensive academic, career and technical education, and service-learning opportunities, in residential and nonresidential centers, in order for such youth to obtain regular secondary school diplomas and recognized postsecondary credentials leading to successful careers in in-demand industries that will result in opportunities for advancement; . 117. Job Corps definitions Section 142 (29 U.S.C. 2882) is amended— (1) in paragraph (2)— (A) in the paragraph heading, by striking Applicable one-stop and inserting One-stop ; (B) by striking applicable ; (C) by striking customer service ; and (D) by striking intake and inserting assessment ; (2) in paragraph (4), by striking before completing the requirements and all that follows and inserting prior to becoming a graduate. ; and (3) in paragraph (5), by striking has completed the requirements and all that follows and inserting the following: who, as a result of participation in the Job Corps program, has received a regular secondary school diploma, completed the requirements of a career and technical education and training program, or received, or is making satisfactory progress (as defined under section 484(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(c) )) toward receiving, a recognized postsecondary credential, including an industry-recognized credential that prepares individuals for employment leading to economic self-sufficiency. . 118. Individuals eligible for the Job Corps Section 144 ( 29 U.S.C. 2884 ) is amended— (1) by amending paragraph (1) to read as follows: (1) not less than age 16 and not more than age 24 on the date of enrollment; ; (2) in paragraph (3)(B), by inserting secondary before school ; and (3) in paragraph (3)(E), by striking vocational and inserting career and technical education and . 119. Recruitment, screening, selection, and assignment of enrollees Section 145 ( 29 U.S.C. 2885 ) is amended— (1) in subsection (a)— (A) in paragraph (2)(C)(i) by striking vocational and inserting career and technical education and training ; and (B) in paragraph (3)— (i) by striking To the extent practicable, the and inserting The ; (ii) in subparagraph (A)— (I) by striking applicable ; and (II) by inserting and after the semicolon; (iii) by striking subparagraphs (B) and (C); and (iv) by adding at the end the following: (B) organizations that have a demonstrated record of effectiveness in placing at-risk youth into employment. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting and agrees to such rules after failure to observe the rules ; and (ii) by amending subparagraph (C) to read as follows: (C) the individual has passed a background check conducted in accordance with procedures established by the Secretary, which shall include— (i) a search of the State criminal registry or repository in the State where the individual resides and each State where the individual previously resided; (ii) a search of State-based child abuse and neglect registries and databases in the State where the individual resides and each State where the individual previously resided; (iii) a search of the National Crime Information Center; (iv) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (v) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.). ; and (B) by adding at the end the following new paragraph: (3) Individuals convicted of a crime An individual shall be ineligible for enrollment if the individual— (A) makes a false statement in connection with the criminal background check described in paragraph (1)(C); (B) is registered or is required to be registered on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or (C) has been convicted of a felony consisting of— (i) homicide; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) a crime involving rape or sexual assault; or (v) physical assault, battery, or a drug-related offense, committed within the past 5 years. ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking 2 years and inserting year ; and (ii) by striking an assignment and inserting a ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking , every 2 years, ; (ii) in subparagraph (B), by striking and at the end; and (iii) in subparagraph (C)— (I) by inserting the education and training after including ; and (II) by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (D) the performance of the Job Corps center relating to the indicators described in paragraphs (1) and (2) in section 159(c), and whether any actions have been taken with respect to such center pursuant to section 159(f). ; and (4) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking is closest to the home of the enrollee, except that the and inserting offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The ; (ii) by striking subparagraph (A); and (iii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in paragraph (2), by inserting that offers the career and technical education and training desired by after home of the enrollee . 120. Job Corps centers Section 147 (29 U.S.C. 2887) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by striking vocational both places it appears and inserting career and technical ; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253 ) and inserting subsections (a) and (b) of section 3304 of title 41, United States Code ; and (II) by striking industry council and inserting workforce council ; (ii) in subparagraph (B)(i)— (I) by amending subclause (II) to read as follows: (II) the ability of the entity to offer career and technical education and training that the workforce council proposes under section 154(c); ; (II) in subclause (III), by striking is familiar with the surrounding communities, applicable and inserting demonstrates relationships with the surrounding communities, employers, workforce boards, and by striking and at the end; (III) by amending subclause (IV) to read as follows: (IV) the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity’s demonstrated effectiveness in assisting individuals in achieving the primary and secondary indicators of performance described in paragraphs (1) and (2) of section 159(c); and ; and (IV) by adding at the end the following new subclause: (V) the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including by providing them with intensive academic, and career and technical education and training. ; and (iii) in subparagraph (B)(ii), by striking , as appropriate ; (2) in subsection (b), by striking In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps. ; (3) by amending subsection (c) to read as follows: (c) Civilian conservation centers (1) In general The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall adhere to all the provisions of this subtitle, and shall provide, in addition to education, career and technical education and training, and workforce preparation skills training described in section 148, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest. (2) Selection process The Secretary shall select an entity that submits an application under subsection (d) to operate a Civilian Conservation Center on a competitive basis, as provided in subsection (a). ; and (4) by striking subsection (d) and inserting the following: (d) Application To be eligible to operate a Job Corps center under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of the program activities that will be offered at the center, including how the career and technical education and training reflect State and local employment opportunities, including in in-demand industries; (2) a description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment upon completion of the program; (3) a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment, including past performance of operating a Job Corps center under this subtitle; (4) a description of the relationships that the entity has developed with State and local workforce boards, employers, State and local educational agencies, and the surrounding communities in an effort to promote a comprehensive statewide workforce investment system; (5) a description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a); (6) a description of the strategies and policies the entity will utilize to reduce participant costs; (7) a description of the steps taken to control costs in accordance with section 159(a)(3); (8) a detailed budget of the activities that will be supported using funds under this subtitle; (9) a detailed budget of the activities that will be supported using funds from non-Federal resources; (10) an assurance the entity will comply with the administrative cost limitation included in section 151(c); (11) an assurance the entity is licensed to operate in the State in which the center is located; and (12) an assurance the entity will comply with and meet basic health and safety codes, including those measures described in section 152(b). (e) Length of agreement The agreement described in subsection (a)(1)(A) shall be for not longer than a 2-year period. The Secretary may renew the agreement for 3 one-year periods if the entity meets the requirements of subsection (f). (f) Renewal (1) In general Subject to paragraph (2), the Secretary may renew the terms of an agreement described in subsection (a)(1)(A) for an entity to operate a Job Corps center if the center meets or exceeds each of the indicators of performance described in section 159(c)(1). (2) Recompetition (A) In general Notwithstanding paragraph (1), the Secretary shall not renew the terms of the agreement for an entity to operate a Job Corps center if such center is ranked in the bottom quintile of centers described in section 159(f)(2) for any program year. Such entity may submit a new application under subsection (d) only if such center has shown significant improvement on the indicators of performance described in section 159(c)(1) over the last program year. (B) Violations The Secretary shall not select an entity to operate a Job Corps center if such entity or such center has been found to have a systemic or substantial material failure that involves— (i) a threat to the health, safety, or civil rights of program participants or staff; (ii) the misuse of funds received under this subtitle; (iii) loss of legal status or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds; (iv) failure to meet any other Federal or State requirement that the entity has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified; or (v) an unresolved area of noncompliance. (g) Current grantees Not later than 60 days after the date of enactment of the SKILLS Act and notwithstanding any previous grant award or renewals of such award under this subtitle, the Secretary shall require all entities operating a Job Corps center under this subtitle to submit an application under subsection (d) to carry out the requirements of this section. . 121. Program activities Section 148 (29 U.S.C. 2888) is amended— (1) by amending subsection (a) to read as follows: (a) Activities provided through job corps centers (1) In General Each Job Corps center shall provide enrollees with an intensive, well-organized, and supervised program of education, career, and technical education and training, work experience, recreational activities, physical rehabilitation and development, and counseling. Each Job Corps center shall provide enrollees assigned to the center with access to work-ready services described in section 134(c)(2). (2) Relationship to opportunities (A) In general The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment— (i) secure and maintain meaningful unsubsidized employment; (ii) complete secondary education and obtain a regular secondary school diploma; (iii) enroll in and complete postsecondary education or training programs, including obtaining recognized postsecondary credentials, industry-recognized credentials, and registered apprenticeships; or (iv) satisfy Armed Forces requirements. (B) Link to employment opportunities The career and technical education and training provided shall be linked to the employment opportunities in in-demand industries in the State in which the Job Corps center is located. ; and (2) in subsection (b)— (A) in the subsection heading, by striking Education and Vocational and inserting Academic and Career and Technical Education and ; (B) by striking may after The Secretary and inserting shall ; and (C) by striking vocational each place it appears and inserting career and technical ; and (3) by amending paragraph (3) of subsection (c) to read as follows: (3) Demonstration Each year, any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that— (A) participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and (B) such operator has met or exceeded the indicators of performance described in paragraphs (1) and (2) of section 159(c) for the previous year. . 122. Counseling and job placement Section 149 (29 U.S.C. 2889) is amended— (1) in subsection (a), by striking vocational and inserting career and technical education and ; (2) in subsection (b), by striking make every effort to arrange to ; and (3) by striking subsection (d). 123. Support Subsection (b) of section 150 (29 U.S.C. 2890) is amended to read as follows: (b) Transition allowances and support for graduates The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of a recognized postsecondary credential, including an industry-recognized credential. . 124. Operations Section 151 ( 29 U.S.C. 2891 ) is amended— (1) in the header, by striking Operating plan . and inserting Operations . ; (2) in subsection (a), by striking In General. — and inserting Operating Plan. — ; (3) by striking subsection (b) and redesignating subsection (c) as subsection (b); (4) by amending subsection (b) (as so redesignated)— (A) in the heading by inserting of Operating Plan after Availability ; and (B) by striking subsections (a) and (b) and inserting subsection (a) ; and (5) by adding at the end the following new subsection: (c) Administrative costs Not more than 10 percent of the funds allotted under section 147 to an entity selected to operate a Job Corps center may be used by the entity for administrative costs under this subtitle. . 125. Community participation Section 153 (29 U.S.C. 2893) is amended to read as follows: 153. Community participation The director of each Job Corps center shall encourage and cooperate in activities to establish a mutually beneficial relationship between Job Corps centers in the State and nearby communities. Such activities may include the use of any local workforce development boards established under section 117 to provide a mechanism for joint discussion of common problems and for planning programs of mutual interest. . 126. Workforce councils Section 154 (29 U.S.C. 2894) is amended to read as follows: 154. Workforce councils (a) In general Each Job Corps center shall have a workforce council appointed by the Governor of the State in which the Job Corps center is located. (b) Workforce council composition (1) In General A workforce council shall be comprised of— (A) business members of the State board described in section 111(b)(1)(B)(i); (B) business members of the local boards described in section 117(b)(2)(A) located in the State; (C) a representative of the State board described in section 111(f); and (D) such other representatives and State agency officials as the Governor may designate. (2) Majority A 2/3 majority of the members of the workforce council shall be representatives described in paragraph (1)(A). (c) Responsibilities The responsibilities of the workforce council shall be— (1) to review all the relevant labor market information, including related information in the State plan described in section 112, to— (A) determine the in-demand industries in the State in which enrollees intend to seek employment after graduation; (B) determine the skills and education that are necessary to obtain the employment opportunities described in subparagraph (A); and (C) determine the type or types of career and technical education and training that will be implemented at the center to enable the enrollees to obtain the employment opportunities; and (2) to meet at least once a year to reevaluate the labor market information, and other relevant information, to determine any necessary changes in the career and technical education and training provided at the center. . 127. Technical assistance Section 156 (29 U.S.C. 2896) is amended to read as follows: 156. Technical assistance to centers (a) In general From the funds reserved under section 132(a)(3), the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for the Job Corps program for the purposes of improving program quality. (b) Activities In providing training and technical assistance and for allocating resources for such assistance, the Secretary shall— (1) assist entities, including those entities not currently operating a Job Corps center, in developing the application described in section 147(d); (2) assist Job Corps centers and programs in correcting deficiencies and violations under this subtitle; (3) assist Job Corps centers and programs in meeting or exceeding the indicators of performance described in paragraph (1) and (2) of section 159(c); and (4) assist Job Corps centers and programs in the development of sound management practices, including financial management procedures. . 128. Special provisions Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is amended by striking title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) and inserting chapter of 5 title 40, United States Code, . 129. Performance accountability management Section 159 ( 29 U.S.C. 2899 ) is amended— (1) in the section heading, by striking Management Information and inserting Performance Accountability and Management ; (2) in subsection (a)(3), by inserting before the period at the end the following: , or operating costs for such centers result in a budgetary shortfall ; (3) by striking subsections (c) through (g); and (4) by inserting after subsection (b) the following: (c) Indicators of Performance (1) Primary indicators The annual primary indicators of performance for Job Corps centers shall include— (A) the percentage and number of enrollees who graduate from the Job Corps center; (B) the percentage and number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps center, except that such calculation shall not include enrollment in education, the military or volunteer service; (C) the percentage and number of graduates who obtained a recognized postsecondary credential, including an industry-recognized credential or a registered apprenticeship; and (D) the cost per successful performance outcome, which is calculated by comparing the number of graduates who were placed in unsubsidized employment or obtained a recognized credential, including an industry-recognized credential, to total program costs, including all operations, construction, and administration costs at each Job Corp center. (2) Secondary indicators The annual secondary indicators of performance for Job Corps centers shall include— (A) the percentage and number of graduates who entered unsubsidized employment not related to the career and technical education and training received through the Job Corps center; (B) the percentage and number of graduates who entered into postsecondary education; (C) the percentage and number of graduates who entered into the military; (D) the average wage of graduates who are in unsubsidized employment— (i) on the first day of employment; and (ii) 6 months after the first day; (E) the number and percentage of graduates who entered unsubsidized employment and were retained in the unsubsidized employment— (i) 6 months after the first day of employment; and (ii) 12 months after the first day of employment; (F) the percentage and number of enrollees compared to the percentage and number of enrollees the Secretary has established targets in section 145(c)(1); (G) the cost per training slot, which is calculated by comparing the program’s maximum number of students that can be enrolled in a Job Corps center at any given time during the program year to the number of enrollees in the same program year; and (H) the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b). (3) Indicators of performance for recruiters The annual indicators of performance for recruiters shall include the measurements described in subparagraph (A) of paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2). (4) Indicators of performance of career transition service providers The annual indicators of performance of career transition service providers shall include the measurements described in subparagraphs (B) and (C) of paragraph (1) and subparagraphs, (B), (C), (D), and (E) of paragraph (2). (d) Additional information The Secretary shall collect, and submit in the report described in subsection (f), information on the performance of each Job Corps center, and the Job Corps program, regarding— (1) the number and percentage of former enrollees who obtained a regular secondary school diploma; (2) the number and percentage of former enrollees who entered unsubsidized employment; (3) the number and percentage of former enrollees who obtained a recognized postsecondary credential, including an industry-recognized credential; (4) the number and percentage of former enrollees who entered into military service; and (5) any additional information required by the Secretary. (e) Methods The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(i)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates. (f) Transparency and accountability (1) Report The Secretary shall collect and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, and make available to the public by electronic means, a report containing— (A) information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (B) a comparison of each Job Corps center, by rank, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (C) a comparison of each Job Corps center, by rank, on the average performance of all primary indicators described in paragraph (1) of subsection (c); (D) information on the performance of the service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs; and (E) a comparison of each service provider, by rank, on the performance of all service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs. (2) Assessment The Secretary shall conduct an annual assessment of the performance of each Job Corps center which shall include information on the Job Corps centers that— (A) are ranked in the bottom 10 percent on the performance indicator described in paragraph (1)(C); or (B) have failed a safety and health code review described in subsection (g). (3) Performance improvement With respect to a Job Corps center that is identified under paragraph (2) or reports less than 50 percent on the performance indicators described in subparagraph (A), (B), or (C) of subsection (c)(1), the Secretary shall develop and implement a 1 year performance improvement plan. Such a plan shall require action including— (A) providing technical assistance to the center; (B) changing the management staff of the center; (C) replacing the operator of the center; (D) reducing the capacity of the center; or (E) closing the center. (4) Closure of job corps centers Job Corps centers that have been identified under paragraph (2) for more than 4 consecutive years shall be closed. The Secretary shall ensure— (A) that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register and other appropriate means; and (B) the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary. (g) Participant health and safety The Secretary shall enter into an agreement with the General Services Administration or the appropriate State agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, to conduct an in-person review of the physical condition and health-related activities of each Job Corps center annually. Such review shall include a passing rate of occupancy under Federal and State ordinances. . D National Programs 130. Technical assistance Section 170 (29 U.S.C. 2915) is amended— (1) by striking subsection (b); (2) by striking: (a) General technical assistance ; (3) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c) respectively, and moving such subsections 2 ems to the left, and conforming the casing style of the headings of such subsections to the casing style of the heading of subsection (d), as added by paragraph (7) of this section; (4) in subsection (a) (as so redesignated)— (A) by inserting the training of staff providing rapid response services, the training of other staff of recipients of funds under this title, assistance regarding accounting and program operation practices (when such assistance would not be duplicative to assistance provided by the State), technical assistance to States that do not meet State performance measures described in section 136, after localities, ; and (B) by striking from carrying out activities and all that follows up to the period and inserting to implement the amendments made by the SKILLS Act ; (5) in subsection (b) (as so redesignated)— (A) by striking paragraph (1) and inserting subsection (a) ; (B) by striking , or recipient of financial assistance under any of sections 166 through 169, ; and (C) by striking or grant recipient ; (6) in subsection (c) (as so redesignated), by striking paragraph (1) and inserting subsection (a) ; and (7) by inserting, after subsection (c) (as so redesignated), the following: (d) Best practices coordination The Secretary shall— (1) establish a system through which States may share information regarding best practices with regard to the operation of workforce investment activities under this Act; and (2) evaluate and disseminate information regarding best practices and identify knowledge gaps. . 131. Evaluations Section 172 ( 29 U.S.C. 2917 ) is amended— (1) in subsection (a), by striking the Secretary shall provide for the continuing evaluation of the programs and activities, including those programs and activities carried out under section 171 and inserting the Secretary, through grants, contracts, or cooperative agreements, shall conduct, at least once every 5 years, an independent evaluation of the programs and activities funded under this Act ; (2) in subsection (a)(4) is amended to read as follows: (4) the impact of receiving services and not receiving services under such programs and activities on the community, businesses, and individuals; ; (3) in subsection (c) is amended to read as follows: (c) Techniques Evaluations conducted under this section shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies, quasi-experimental methods, impact analysis and the use of administrative data. The Secretary shall conduct an impact analysis, as described in subsection (a)(4), of the formula grant program under subtitle B not later than 2015, and thereafter shall conduct such an analysis not less than once every four years. ; (4) in subsection (e) is amended by striking the Committee on Labor and Human Resources of the Senate and inserting the Committee on Health, Education, Labor, and Pensions of the Senate ; (5) by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following: (f) Reduction of amounts authorized to be appropriated for late reporting If a report required to be transmitted to Congress under this section is not transmitted on or before the time period specified for that report, amounts authorized to be appropriated under this title shall be reduced by 10 percent for the fiscal year that begins after the date on which the final report required under this section is required to be transmitted and reduced by an additional 10 percent each subsequent fiscal year until each such report is transmitted to Congress. . (6) by adding at the end, the following: (h) Public availability The results of the evaluations conducted under this section shall be made publicly available, including by posting such results on the Department’s website. . E Administration 132. Requirements and restrictions Section 181 (29 U.S.C. 2931) is amended— (1) in subsection (b)(6), by striking , including representatives of businesses and of labor organizations ; (2) in subsection (c)(2)(A), in the matter preceding clause (i), by striking shall and inserting may ; (3) in subsection (e)— (A) by striking training for and inserting the entry into employment, retention in employment, or increases in earnings of ; and (B) by striking subtitle B and inserting this Act ; (4) in subsection (f)(4), by striking 134(a)(3)(B) and inserting 134(a)(6) ; and (5) by adding at the end the following: (g) Salary and bonus limitation No funds provided under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Level II of the Federal Executive Pay Schedule (5 U.S.C. 5313). This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the programs. (h) General authority (1) In general The Employment and Training Administration of the U.S. Department of Labor (hereinafter in this Act referred to as the Administration ) shall administer all programs authorized under title I and III of this Act. The Administration shall be headed by an Assistant Secretary appointed by the President by and with the advice and consent of the Senate. Except for titles II and IV, the Administration shall be the principal agency, and the Assistant Secretary shall be the principal officer, of such Department for carrying out this Act. (2) Qualifications The Assistant Secretary shall be an individual with substantial experience in workforce development and in workforce development management. The Assistant Secretary shall also, to the maximum extent possible, possess knowledge and have worked in or with the State or local workforce investment system or have been a member of the business community. In the performance of the functions of the office, the Assistant Secretary shall be directly responsible to the Secretary or the Under Secretary as designed by the Secretary. The functions of the Assistant Secretary shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Assistant Secretary. Any reference in this Act to duties to be carried out by the Assistant Secretary shall be considered to be a reference to duties to be carried out by the Secretary acting through the Assistant Secretary. . 133. Prompt allocation of funds Section 182 (29 U.S.C. 2932) is amended— (1) in subsection (c), by striking 127 or ; and (2) in subsection (e)— (A) by striking sections 128 and 133 and inserting section 133 ; and (B) by striking 127 or . 134. Fiscal controls; sanctions Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is amended— (1) by striking (A) and all that follows through Each and inserting Each ; and (2) by striking subparagraph (B). 135. Reports to Congress Section 185 (29 U.S.C. 2935) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and after the semicolon; (B) in paragraph (3), by striking the period and inserting ; and ; and (C) by adding at the end the following: (4) shall have the option to submit or disseminate electronically any reports, records, plans, or any other data that are required to be collected or disseminated under this title. ; and (2) in subsection (e)(2), by inserting and the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, after Secretary, . 136. Administrative provisions Section 189 (29 U.S.C. 2939) is amended— (1) in subsection (g)— (A) by amending paragraph (1) to read as follows: (1) In general Appropriations for any fiscal year for programs and activities carried out under this title shall be available for obligation only on the basis of a program year. The program year shall begin on October 1 in the fiscal year for which the appropriation is made. ; and (B) in paragraph (2)— (i) by striking each State and inserting each recipient ; and (ii) by striking 171 or ; (2) in subsection (i)— (A) by striking paragraphs (2) and (3); (B) by redesignating paragraph (4) as paragraph (2); (C) by amending paragraph (2)(A), as so redesignated— (i) by striking requirements of subparagraph (B) and all that follows through any of the statutory or regulatory requirements of subtitle B and inserting requirements of subparagraph (B) or (D), any of the statutory or regulatory requirements of subtitle B ; (ii) by striking clause (ii); and (iii) in clause (i), by striking ; and and inserting a period at the end; and (D) by adding at the end the following: (D) Expedited process for extending approved waivers to additional states In lieu of the requirements of subparagraphs (B) and (C), the Secretary may establish an expedited procedure for the purpose of extending to additional States the waiver of statutory or regulatory requirements that have been approved for a State pursuant to a request under subparagraph (B). Such procedure shall ensure that the extension of such waivers to additional States are accompanied by appropriate conditions relating the implementation of such waivers. (E) External Conditions The Secretary shall not require or impose new or additional requirements, which are not specified under this Act, on a State in exchange for providing a waiver to the State or a local area in the State under this paragraph. . 137. State legislative authority Section 191(a) (29 U.S.C. 2941(a)) is amended— (1) by striking consistent with the provisions of this title and inserting consistent with State law and the provisions of this title ; and (2) by striking consistent with the terms and conditions required under this title and inserting consistent with State law and the terms and conditions required under this title . 138. General program requirements Section 195 (29 U.S.C. 2945) is amended— (1) in paragraph (7), by inserting at the end the following: (D) Funds received by a public or private nonprofit entity that are not described in subparagraph (B), such as funds privately raised from philanthropic foundations, businesses, or other private entities, shall not be considered to be income under this title and shall not be subject to the requirements of this section. ; and (2) by adding at the end the following new paragraphs: (14) Funds provided under this title shall not be used to establish or operate stand-alone fee-for-service enterprises that compete with private sector employment agencies within the meaning of section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)), except that for purposes of this paragraph, such an enterprise does not include one-stop centers. (15) Any report required to be submitted to Congress, or to a Committee of Congress, under this title shall be submitted to both the chairmen and ranking minority members of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. . 139. Federal agency staff and restrictions on political and lobbying activities Subtitle E of title I (29 U.S.C. 2931 et seq.) is amended by adding at the end the following new sections: 196. Federal agency staff The Director of the Office of Management and Budget shall— (1) not later than 60 days after the date of the enactment of the SKILLS Act— (A) identify the number of Federal government employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment; and (B) identify the number of full-time equivalent employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment, and that have been repealed or consolidated on or after such date of enactment; (2) not later than 90 after such date of enactment, publish the information described in paragraph (1) on the Office of Management and Budget website; and (3) not later than 1 year after such date of enactment— (A) reduce the workforce of the Federal Government by the number of full-time equivalent employees identified under paragraph (1)(B); and (B) submit to Congress a report on how the Director carried out the requirements of subparagraph (A). 197. Restrictions on lobbying and political activities (a) Lobbying restrictions (1) Publicity restrictions (A) In general Subject to subparagraph (B), no funds provided under this Act shall be used or proposed for use, for— (i) publicity or propaganda purposes; or (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body. (B) Exception Subparagraph (A) shall not apply to— (i) normal and recognized executive-legislative relationships; (ii) the preparation, distribution, or use of the materials described in subparagraph (A)(ii) in presentation to the Congress or any State or local legislature (except that this subparagraph does not apply with respect to such preparation, distribution, or use in presentation to the executive branch of any State or local government); or (iii) if such materials are designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government. (2) Salary payment restriction No funds provided under this Act shall be used, or proposed for use, to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulations, administrative action, or executive order proposed or pending before the Congress or any State government, or State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local, or tribal government in policymaking and administrative processes within the executive branch of that government. (b) Political restrictions (1) In general No funds received by a participant of a program or an activity under this Act shall be used for— (A) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; or (B) any activity to provide voters with transportation to the polls or similar assistance in connection with any such election. (2) Definition For the purposes of this subsection, the term participant includes any State, local area, or governmental, nonprofit, or for-profit entity receiving funds under this Act. (3) Restriction on voter registration activities No funds under this Act shall be used to conduct voter registration activities. . F State unified plan 140. State unified plan Section 501 (20 U.S.C. 9271) is amended— (1) by amending subsection (a) to read as follows: (a) General authority The Secretary shall receive and approve State unified plans developed and submitted under this section. ; (2) by amending subsection (b) to read as follows: (b) State unified plan (1) In general A State may develop and submit to the Secretary a State unified plan for 2 or more of the activities or programs set forth in paragraph (2). The State unified plan shall cover one or more of the activities set forth in subparagraphs (A) and (B) of paragraph (2) and may cover one or more of the activities set forth in subparagraphs (C) through (N) of paragraph (2). For purposes of this paragraph, the activities and programs described in subparagraphs (A) and (B) of paragraph (2) shall not be considered to be 2 or more activities or programs for purposes of the unified plan. Such activities or programs shall be considered to be 1 activity or program. (2) Activities and programs The activities and programs referred to in paragraph (1) are as follows: (A) Programs and activities authorized under title I. (B) Programs and activities authorized under title II. (C) Programs authorized under the Rehabilitation Act of 1973. (D) Secondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act. (E) Postsecondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act. (F) Programs and activities authorized under title II of the Trade Act of 1974. (G) National Apprenticeship Act of 1937. (H) Programs authorized under the Community Services Block Grant Act. (I) Programs authorized under the part A of title IV of the Social Security Act. (J) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law). (K) Work programs authorized under section 6(o) of the Food Stamp Act of 1977. (L) Programs and activities authorized title I of the Housing and Community Development Act of 1974. (M) Programs and activities authorized under the Public Workers and Economic Development Act of 1965. (N) Activities as defined under chapter 41 of title 38, United States Code. ; (3) by amending subsection (d) to read as follows: (d) Approval (1) Jurisdiction In approving a State unified plan under this section, the Secretary shall— (A) submit the portion of the State unified plan covering an activity or program described in subsection (b)(2) to the head of the Federal agency who exercises administrative authority over the activity or program for the approval of such portion by such Federal agency head; or (B) coordinate approval of the portion of the State unified plan covering an activity or program described in subsection (b)(2) with the head of the Federal agency who exercises administrative authority over the activity or program. (2) Timeline A State unified plan shall be considered to be approved by the Secretary at the end of the 90-day period beginning on the day the Secretary receives the plan, unless the Secretary makes a written determination, during the 90-day period, that details how the plan is not consistent with the requirements of the Federal statute authorizing an activity or program described in subsection (b)(2) and covered under the plan or how the plan is not consistent with the requirements of subsection (c)(3). ; and (4) by adding at the end the following: (e) Additional employment and training funds (1) Purpose It is the purpose of this subsection to reduce inefficiencies in the administration of federally-funded State and local employment and training programs. (2) In general In developing a State unified plan for the activities or programs described in subsection (b)(2) and subject to paragraph (4) and the State plan approval process under subsection (d), a State may propose to consolidate the amount, in whole or part, provided for the activities or programs dedicated to employment and training into the Workforce Investment Fund under section 132(b) to improve the administration of State and local employment and training programs. (3) Requirements A State with a State unified plan approved under subsection (d) for purposes of consolidation under paragraph (2) and that is carrying out such consolidation shall— (A) continue to meet the program requirements, limitations, and prohibitions of any Federal statute authorizing the activity or program consolidated into the Workforce Investment Fund; (B) meet the intent and purpose of the activity or program consolidated into the Workforce Investment Fund; and (C) continue to make reservations and allotments under subsections (a) and (b) of section 133. (4) Exceptions A State may not consolidate funds under paragraph (2) that are allocated to the State under— (A) the Carl D. Perkins Career and Technical Education Act of 2006; or (B) the Rehabilitation Act of 1973. . II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Amendment Title II ( 20 U.S.C. 2901 et seq. ) is amended to read as follows: II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Short title This title may be cited as the Adult Education and Family Literacy Education Act . 202. Purpose It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and math skills, and support States and local communities in providing, on a voluntary basis, adult education and family literacy education programs, in order to— (1) increase the literacy of adults, including the basic reading, writing, speaking, and math skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce; (2) assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution; (3) assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children’s education including, through instruction in basic reading, writing, speaking, and math skills; and (4) assist adults who are not proficient in English in improving their reading, writing, speaking, listening, comprehension, and math skills. 203. Definitions In this title: (1) Adult education and family literacy education programs The term adult education and family literacy education programs means a sequence of academic instruction and educational services below the postsecondary level that increase an individual’s ability to read, write, and speak English and perform mathematical computations leading to a level of proficiency equivalent to at least a secondary school completion that is provided for individuals— (A) who are at least 16 years of age; (B) who are not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) lack sufficient mastery of basic reading, writing, speaking, and math skills to enable the individuals to function effectively in society; (ii) do not have a secondary school diploma or its equivalent and have not achieved an equivalent level of education; or (iii) are English learners. (2) Eligible agency The term eligible agency — (A) means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and (B) may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges. (3) Eligible provider The term eligible provider means an organization of demonstrated effectiveness which is— (A) a local educational agency; (B) a community-based or faith-based organization; (C) a volunteer literacy organization; (D) an institution of higher education; (E) a public or private educational agency; (F) a library; (G) a public housing authority; (H) an institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or (I) a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H). (4) English language acquisition program The term English language acquisition program means a program of instruction— (A) designed to help English learners achieve competence in reading, writing, speaking, and comprehension of the English language; and (B) that may lead to— (i) attainment of a secondary school diploma or its recognized equivalent; (ii) transition to success in postsecondary education and training; and (iii) employment or career advancement. (5) Family literacy education program The term family literacy education program means an educational program that— (A) assists parents and students, on a voluntary basis, in achieving the purposes of this title as described in section 202; and (B) is of sufficient intensity in terms of hours and of sufficient quality to make sustainable changes in a family, is evidence-based, and, for the purpose of substantially increasing the ability of parents and children to read, write, and speak English, integrates— (i) interactive literacy activities between parents and their children; (ii) training for parents regarding how to be the primary teacher for their children and full partners in the education of their children; (iii) parent literacy training that leads to economic self-sufficiency; and (iv) an age-appropriate education to prepare children for success in school and life experiences. (6) Governor The term Governor means the chief executive officer of a State or outlying area. (7) Individual with a disability (A) In general The term individual with a disability means an individual with any disability (as defined in section 3 of the Americans with Disabilities Act of 1990). (B) Individuals with disabilities The term individuals with disabilities means more than one individual with a disability. (8) English learner The term English learner means an adult or out-of-school youth who has limited ability in reading, writing, speaking, or understanding the English language, and— (A) whose native language is a language other than English; or (B) who lives in a family or community environment where a language other than English is the dominant language. (9) Integrated Education and Training The term integrated education and training means services that provide adult education and literacy activities contextually and concurrently with workforce preparation activities and workforce training for a specific occupation or occupational cluster. Such services may include offering adult education services concurrent with postsecondary education and training, including through co-instruction. (10) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965. (11) Literacy The term literacy means an individual’s ability to read, write, and speak in English, compute, and solve problems at a level of proficiency necessary to obtain employment and to successfully make the transition to postsecondary education. (12) Local educational agency The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (13) Outlying area The term outlying area has the meaning given the term in section 101 of this Act. (14) Postsecondary educational institution The term postsecondary educational institution means— (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree; (B) a tribally controlled community college; or (C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. (15) Secretary The term Secretary means the Secretary of Education. (16) State The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (17) State educational agency The term State educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (18) Workplace literacy program The term workplace literacy program means an educational program that is offered in collaboration between eligible providers and employers or employee organizations for the purpose of improving the productivity of the workforce through the improvement of reading, writing, speaking, and math skills. 204. Home schools Nothing in this title shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, or to compel a parent engaged in home schooling to participate in adult education and family literacy education activities under this title. 205. Authorization of appropriations There are authorized to be appropriated to carry out this title, $606,294,933 for fiscal years 2014 and for each of the 6 succeeding fiscal years. A Federal Provisions 211. Reservation of funds; grants to eligible agencies; allotments (a) Reservation of funds From the sums appropriated under section 205 for a fiscal year, the Secretary shall reserve 2.0 percent to carry out section 242. (b) Grants to eligible agencies (1) In general From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g). (2) Purpose of grants The Secretary may award a grant under paragraph (1) only if the eligible agency involved agrees to expend the grant in accordance with the provisions of this title. (c) Allotments (1) Initial allotments From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224— (A) $100,000, in the case of an eligible agency serving an outlying area; and (B) $250,000, in the case of any other eligible agency. (2) Additional allotments From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas. (d) Qualifying adult For the purpose of subsection (c)(2), the term qualifying adult means an adult who— (1) is at least 16 years of age; (2) is beyond the age of compulsory school attendance under the law of the State or outlying area; (3) does not have a secondary school diploma or its recognized equivalent; and (4) is not enrolled in secondary school. (e) Special rule (1) In general From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary. (2) Termination of eligibility Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective. (f) Hold-Harmless provisions (1) In general Notwithstanding subsection (c) and subject to paragraph (2), for— (A) fiscal year 2014, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for fiscal year 2012 under this title; and (B) fiscal year 2015 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title. (2) Ratable reduction If, for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratable reduce the payments to all eligible agencies, as necessary. (g) Reallotment The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year. 212. Performance accountability system Programs and activities authorized under this title are subject to the performance accountability provisions described in paragraph (2)(A) and (3) of section 136(b) and may, at a State’s discretion, include additional indicators identified in the State plan approved under section 224. B State Provisions 221. State administration Each eligible agency shall be responsible for the following activities under this title: (1) The development, submission, implementation, and monitoring of the State plan. (2) Consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title. (3) Coordination and avoidance of duplication with other Federal and State education, training, corrections, public housing, and social service programs. 222. State distribution of funds; matching requirement (a) State distribution of funds Each eligible agency receiving a grant under this title for a fiscal year— (1) shall use an amount not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 10 percent of such amount shall be available to carry out section 225; (2) shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and (3) shall use not more than 5 percent of the grant funds, or $65,000, whichever is greater, for the administrative expenses of the eligible agency. (b) Matching requirement (1) In general In order to receive a grant from the Secretary under section 211(b), each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and family literacy education programs for which the grant is awarded, a non-Federal contribution in an amount that is not less than— (A) in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and family literacy education programs in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and (B) in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and family literacy education programs in the State. (2) Non-federal contribution An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and family literacy education programs in a manner that is consistent with the purpose of this title. 223. State leadership activities (a) In general Each eligible agency may use funds made available under section 222(a)(2) for any of the following adult education and family literacy education programs: (1) The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b). (2) The provision of technical assistance to eligible providers of adult education and family literacy education programs, including for the development and dissemination of evidence based research instructional practices in reading, writing, speaking, math, and English language acquisition programs. (3) The provision of assistance to eligible providers in developing, implementing, and reporting measurable progress in achieving the objectives of this title. (4) The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities. (5) The provision of technology assistance, including staff training, to eligible providers of adult education and family literacy education programs, including distance education activities, to enable the eligible providers to improve the quality of such activities. (6) The development and implementation of technology applications or distance education, including professional development to support the use of instructional technology. (7) Coordination with other public programs, including programs under title I of this Act, and other welfare-to-work, workforce development, and job training programs. (8) Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and family literacy education programs, for adults enrolled in such activities. (9) The development and implementation of a system to assist in the transition from adult basic education to postsecondary education. (10) Activities to promote workplace literacy programs. (11) Other activities of statewide significance, including assisting eligible providers in achieving progress in improving the skill levels of adults who participate in programs under this title. (12) Integration of literacy, instructional, and occupational skill training and promotion of linkages with employees. (b) Coordination In carrying out this section, eligible agencies shall coordinate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a). (c) State-Imposed requirements Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area. 224. State plan (a) 3-Year plans (1) In general Each eligible agency desiring a grant under this title for any fiscal year shall submit to, or have on file with, the Secretary a 3-year State plan. (2) State unified plan The eligible agency may submit the State plan as part of a State unified plan described in section 501. (b) Plan contents The eligible agency shall include in the State plan or any revisions to the State plan— (1) an objective assessment of the needs of individuals in the State or outlying area for adult education and family literacy education programs, including individuals most in need or hardest to serve; (2) a description of the adult education and family literacy education programs that will be carried out with funds received under this title; (3) an assurance that the funds received under this title will not be expended for any purpose other than for activities under this title; (4) a description of how the eligible agency will annually evaluate and measure the effectiveness and improvement of the adult education and family literacy education programs funded under this title using the indicators of performance described in section 136, including how the eligible agency will conduct such annual evaluations and measures for each grant received under this title; (5) a description of how the eligible agency will fund local activities in accordance with the measurable goals described in section 231(d); (6) an assurance that the eligible agency will expend the funds under this title only in a manner consistent with fiscal requirements in section 241; (7) a description of the process that will be used for public participation and comment with respect to the State plan, which— (A) shall include consultation with the State workforce investment board, the State board responsible for administering community or technical colleges, the Governor, the State educational agency, the State board or agency responsible for administering block grants for temporary assistance to needy families under title IV of the Social Security Act, the State council on disabilities, the State vocational rehabilitation agency, and other State agencies that promote the improvement of adult education and family literacy education programs, and direct providers of such programs; and (B) may include consultation with the State agency on higher education, institutions responsible for professional development of adult education and family literacy education programs instructors, representatives of business and industry, refugee assistance programs, and faith-based organizations; (8) a description of the eligible agency’s strategies for serving populations that include, at a minimum— (A) low-income individuals; (B) individuals with disabilities; (C) the unemployed; (D) the underemployed; and (E) individuals with multiple barriers to educational enhancement, including English learners; (9) a description of how the adult education and family literacy education programs that will be carried out with any funds received under this title will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency; (10) a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 231(c)(1), including— (A) how the State will build the capacity of community-based and faith-based organizations to provide adult education and family literacy education programs; and (B) how the State will increase the participation of business and industry in adult education and family literacy education programs; (11) an assessment of the adequacy of the system of the State or outlying area to ensure teacher quality and a description of how the State or outlying area will use funds received under this subtitle to improve teacher quality, including evidence-based professional development to improve instruction; and (12) a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs. (c) Plan revisions When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions of the State plan to the Secretary. (d) Consultation The eligible agency shall— (1) submit the State plan, and any revisions to the State plan, to the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, or outlying area for review and comment; and (2) ensure that any comments regarding the State plan by the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, and any revision to the State plan, are submitted to the Secretary. (e) Plan approval The Secretary shall— (1) approve a State plan within 90 days after receiving the plan unless the Secretary makes a written determination within 30 days after receiving the plan that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and (2) not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (3), to review the plan and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle. 225. Programs for corrections education and other institutionalized individuals (a) Program authorized From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals. (b) Uses of funds The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for— (1) basic skills education; (2) special education programs as determined by the eligible agency; (3) reading, writing, speaking, and math programs; (4) secondary school credit or diploma programs or their recognized equivalent; and (5) integrated education and training. (c) Priority Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program. (d) Definitions For purposes of this section: (1) Correctional institution The term correctional institution means any— (A) prison; (B) jail; (C) reformatory; (D) work farm; (E) detention center; or (F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Criminal offender The term criminal offender means any individual who is charged with, or convicted of, any criminal offense. C Local Provisions 231. Grants and contracts for eligible providers (a) Grants and contracts From grant funds made available under section 222(a)(1), each eligible agency shall award multi-year grants or contracts, on a competitive basis, to eligible providers within the State or outlying area that meet the conditions and requirements of this title to enable the eligible providers to develop, implement, and improve adult education and family literacy education programs within the State. (b) Local activities The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to establish or operate— (1) programs that provide adult education and literacy activities; (2) programs that provide integrated employment and training activities; or (3) credit-bearing postsecondary coursework. (c) Direct and equitable access; same process Each eligible agency receiving funds under this title shall ensure that— (1) all eligible providers have direct and equitable access to apply for grants or contracts under this section; and (2) the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area. (d) Measurable goals The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to demonstrate— (1) the eligible provider’s measurable goals for participant outcomes to be achieved annually on the core indicators of performance described in section 136(b)(2)(A); (2) the past effectiveness of the eligible provider in improving the basic academic skills of adults and, for eligible providers receiving grants in the prior year, the success of the eligible provider receiving funding under this title in exceeding its performance goals in the prior year; (3) the commitment of the eligible provider to serve individuals in the community who are the most in need of basic academic skills instruction services, including individuals with disabilities and individuals who are low-income or have minimal reading, writing, speaking, and math skills, or are English learners; (4) the program is of sufficient intensity and quality for participants to achieve substantial learning gains; (5) educational practices are evidence-based; (6) the activities of the eligible provider effectively employ advances in technology, and delivery systems including distance education; (7) the activities provide instruction in real-life contexts, including integrated education and training when appropriate, to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship; (8) the activities are staffed by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the State; (9) the activities are coordinated with other available resources in the community, such as through strong links with elementary schools and secondary schools, postsecondary educational institutions, local workforce investment boards, one-stop centers, job training programs, community-based and faith-based organizations, and social service agencies; (10) the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs; (11) the activities include a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and to monitor program performance; (12) the local communities have a demonstrated need for additional English language acquisition programs, and integrated education and training programs; (13) the capacity of the eligible provider to produce valid information on performance results, including enrollments and measurable participant outcomes; (14) adult education and family literacy education programs offer rigorous reading, writing, speaking, and math content that are evidence based; and (15) applications of technology, and services to be provided by the eligible providers, are of sufficient intensity and duration to increase the amount and quality of learning and lead to measurable learning gains within specified time periods. (e) Special rule Eligible providers may use grant funds under this title to serve children participating in family literacy programs assisted under this part, provided that other sources of funds available to provide similar services for such children are used first. 232. Local application Each eligible provider desiring a grant or contract under this title shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including— (1) a description of how funds awarded under this title will be spent consistent with the requirements of this title; (2) a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and family literacy education programs; and (3) each of the demonstrations required by section 231(d). 233. Local administrative cost limits (a) In general Subject to subsection (b), of the amount that is made available under this title to an eligible provider— (1) at least 95 percent shall be expended for carrying out adult education and family literacy education programs; and (2) the remaining amount shall be used for planning, administration, personnel and professional development, development of measurable goals in reading, writing, speaking, and math, and interagency coordination. (b) Special rule In cases where the cost limits described in subsection (a) are too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the eligible provider may negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes. D General Provisions 241. Administrative provisions Funds made available for adult education and family literacy education programs under this title shall supplement and not supplant other State or local public funds expended for adult education and family literacy education programs. 242. National activities The Secretary shall establish and carry out a program of national activities that may include the following: (1) Providing technical assistance to eligible entities, on request, to— (A) improve their fiscal management, research-based instruction, and reporting requirements to carry out the requirements of this title; (B) improve its performance on the core indicators of performance described in section 136; (C) provide adult education professional development; and (D) use distance education and improve the application of technology in the classroom, including instruction in English language acquisition for English learners. (2) Providing for the conduct of research on national literacy basic skill acquisition levels among adults, including the number of adult English learners functioning at different levels of reading proficiency. (3) Improving the coordination, efficiency, and effectiveness of adult education and workforce development services at the national, State, and local levels. (4) Determining how participation in adult education, English language acquisition, and family literacy education programs prepares individuals for entry into and success in postsecondary education and employment, and in the case of prison-based services, the effect on recidivism. (5) Evaluating how different types of providers, including community and faith-based organizations or private for-profit agencies measurably improve the skills of participants in adult education, English language acquisition, and family literacy education programs. (6) Identifying model integrated basic and workplace skills education programs, including programs for English learners coordinated literacy and employment services, and effective strategies for serving adults with disabilities. (7) Initiating other activities designed to improve the measurable quality and effectiveness of adult education, English language acquisition, and family literacy education programs nationwide. . III AMENDMENTS TO THE WAGNER-PEYSER ACT 301. Amendments to the Wagner-Peyser Act The Wagner-Peyser Act (29 U.S.C. 49 et seq.) is amended by amending section 15 to read as follows: 15. Workforce and labor market information system (a) System content (1) In general The Secretary of Labor, in accordance with the provisions of this section, shall oversee the development, maintenance, and continuous improvement of a nationwide workforce and labor market information system that includes— (A) statistical data from cooperative statistical survey and projection programs and data from administrative reporting systems that, taken together, enumerate, estimate, and project employment opportunities and conditions at national, State, and local levels in a timely manner, including statistics on— (i) employment and unemployment status of national, State, and local populations, including self-employed, part-time, and seasonal workers; (ii) industrial distribution of occupations, as well as current and projected employment opportunities, wages, benefits (where data is available), and skill trends by occupation and industry, with particular attention paid to State and local conditions; (iii) the incidence of, industrial and geographical location of, and number of workers displaced by, permanent layoffs and plant closings; and (iv) employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation; (B) information on State and local employment opportunities, and other appropriate statistical data related to labor market dynamics, which— (i) shall be current and comprehensive; (ii) shall meet the needs identified through the consultations described in subparagraphs (A) and (B) of subsection (e)(2); and (iii) shall meet the needs for the information identified in section 121; (C) technical standards (which the Secretary shall publish annually) for data and information described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of chapter 35 of title 44, United States Code; (D) procedures to ensure compatibility and additivity of the data and information described in subparagraphs (A) and (B) from national, State, and local levels; (E) procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph (A) of employment-related programs; (F) analysis of data and information described in subparagraphs (A) and (B) for uses such as— (i) national, State, and local policymaking; (ii) implementation of Federal policies (including allocation formulas); (iii) program planning and evaluation; and (iv) researching labor market dynamics; (G) wide dissemination of such data, information, and analysis in a user-friendly manner and voluntary technical standards for dissemination mechanisms; and (H) programs of— (i) training for effective data dissemination; (ii) research and demonstration; and (iii) programs and technical assistance. (2) Information to be confidential (A) In general No officer or employee of the Federal Government or agent of the Federal Government may— (i) use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes for which the submission is furnished; (ii) disclose to the public any publication or media transmittal of the data contained in the submission described in clause (i) that permits information concerning an individual subject to be reasonably inferred by either direct or indirect means; or (iii) permit anyone other than a sworn officer, employee, or agent of any Federal department or agency, or a contractor (including an employee of a contractor) of such department or agency, to examine an individual submission described in clause (i), without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission. (B) Immunity from legal process Any submission (including any data derived from the submission) that is collected and retained by a Federal department or agency, or an officer, employee, agent, or contractor of such a department or agency, for exclusively statistical purposes under this section shall be immune from the legal process and shall not, without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. (C) Rule of construction Nothing in this section shall be construed to provide immunity from the legal process for such submission (including any data derived from the submission) if the submission is in the possession of any person, agency, or entity other than the Federal Government or an officer, employee, agent, or contractor of the Federal Government, or if the submission is independently collected, retained, or produced for purposes other than the purposes of this Act. (b) System responsibilities (1) In general The workforce and labor market information system described in subsection (a) shall be planned, administered, overseen, and evaluated through a cooperative governance structure involving the Federal Government and States. (2) Duties The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties: (A) Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that all statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions. (B) Actively seek the cooperation of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities. (C) Eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority. (D) In collaboration with the Bureau of Labor Statistics and States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1). (E) Establish procedures for the system to ensure that— (i) such data and information are timely; (ii) paperwork and reporting for the system are reduced to a minimum; and (iii) States and localities are fully involved in the development and continuous improvement of the system at all levels. (c) National electronic tools To provide services The Secretary is authorized to assist in the development of national electronic tools that may be used to facilitate the delivery of work ready services described in section 134(c)(2) and to provide workforce information to individuals through the one-stop delivery systems described in section 121 and through other appropriate delivery systems. (d) Coordination with the states (1) In general The Secretary, working through the Bureau of Labor Statistics and the Employment and Training Administration, shall regularly consult with representatives of State agencies carrying out workforce information activities regarding strategies for improving the workforce and labor market information system. (2) Formal consultations At least twice each year, the Secretary, working through the Bureau of Labor Statistics, shall conduct formal consultations regarding programs carried out by the Bureau of Labor Statistics with representatives of each of the Federal regions of the Bureau of Labor Statistics, elected (pursuant to a process established by the Secretary) from the State directors affiliated with State agencies that perform the duties described in subsection (e)(2). (e) State responsibilities (1) In general In order to receive Federal financial assistance under this section, the Governor of a State shall— (A) be responsible for the management of the portions of the workforce and labor market information system described in subsection (a) that comprise a statewide workforce and labor market information system and for the State’s participation in the development of the annual plan; (B) establish a process for the oversight of such system; (C) consult with State and local employers, participants, and local workforce investment boards about the labor market relevance of the data to be collected and disseminated through the statewide workforce and labor market information system; (D) consult with State educational agencies and local educational agencies concerning the provision of employment statistics in order to meet the needs of secondary school and postsecondary school students who seek such information; (E) collect and disseminate for the system, on behalf of the State and localities in the State, the information and data described in subparagraphs (A) and (B) of subsection (a)(1); (F) maintain and continuously improve the statewide workforce and labor market information system in accordance with this section; (G) perform contract and grant responsibilities for data collection, analysis, and dissemination for such system; (H) conduct such other data collection, analysis, and dissemination activities as will ensure an effective statewide workforce and labor market information system; (I) actively seek the participation of other State and local agencies in data collection, analysis, and dissemination activities in order to ensure complementarity, compatibility, and usefulness of data; (J) participate in the development of the annual plan described in subsection (c); and (K) utilize the quarterly records described in section 136(f)(2) to assist the State and other States in measuring State progress on State performance measures. (2) Rule of construction Nothing in this section shall be construed as limiting the ability of a Governor to conduct additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this section. (f) Nonduplication requirement None of the functions and activities carried out pursuant to this section shall duplicate the functions and activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $63,473,000 for fiscal year 2014 and each of the 6 succeeding fiscal years. (h) Definition In this section, the term local area means the smallest geographical area for which data can be produced with statistical reliability. . IV REPEALS AND CONFORMING AMENDMENTS 401. Repeals The following provisions are repealed: (1) Chapter 4 of subtitle B of title I, and sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503, and 506 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of the SKILLS Act. (2) Title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ). (3) Sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.). (4) Twenty-First Century Workforce Commission Act (29 U.S.C. 2701 note). (5) Public Law 91–378, 16 U.S.C. 1701 et seq. (popularly known as the Youth Conservation Corps Act of 1970 ). (6) Section 821 of the Higher Education Amendments of 1998 ( 20 U.S.C. 1151 ) (Grants to States for workplace and community transition training for incarcerated individuals). (7) The Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.). (8) Sections 4103A and 4104 of title 38, United States Code. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 Section 104(k)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604) is amended by striking , training, . 403. Amendments to the Food and Nutrition Act of 2008 (a) Definition Section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)) is amended— (1) by striking and (2) and inserting (2) , and (2) by inserting before the period at the end the following: , and (3) when referencing employment and training activities under section 6(d)(4), a State board as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) . (b) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in subsection (d)(14) by striking section 6(d)(4)(I) and inserting section 6(d)(4)(C) , and (2) in subsection (g)(3) by striking constitutes adequate participation in an employment and training program under section 6(d) and inserting allows the individual to participate in employment and training activities under section 6(d)(4) . (c) Eligibility disqualifications Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended to read as follows: (4) Employment and training (A) Implementation Each State agency shall provide employment and training services authorized under section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864) to eligible members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment. (B) Statewide workforce development system Consistent with subparagraph (A), employment and training services shall be provided through the statewide workforce development system, including the One-Stop delivery system, authorized by the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (C) Reimbursements (i) Actual costs The State agency shall provide payments or reimbursement to participants served under this paragraph for— (I) the actual costs of transportation and other actual costs (other than dependent care costs) that are reasonably necessary and directly related to the individual participating in employment and training activities; and (II) the actual costs of such dependent care expenses that are determined by the State agency to be necessary for the individual to participate in employment and training activities (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in a local area where an employment, training, or education program under title IV of such Act is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate. (ii) Service contracts and vouchers In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at its option, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household. (iii) Value of reimbursements The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall— (I) not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and (II) not be claimed as an employment-related expense for the purposes of the credit provided under section 21 of the Internal Revenue Code of 1986 (26 U.S.C. 21). . (d) Administration Section 11(e)(19) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(11) is amended to read as follows: (19) the plans of the State agency for providing employment and training services under section 6(d)(4); . (e) Administrative cost-Sharing and quality control Section 16(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 ) is amended— (1) in paragraph (1)— (A) in subparagraph (A) by striking carry out employment and training programs and inserting provide employment and training services to eligible households under section 6(d)(4) , and (B) in subparagraph (D) by striking operating an employment and training program and inserting providing employment and training services consistent with section 6(d)(4) , (2) in paragraph (3) by striking related to participation in an employment and training program and inserting the individual participating in employment and training activities , (3) in paragraph (4) by striking for operating an employment and training program and inserting to provide employment and training services , and (4) by amending paragraph (5) to read as follows: (5) Monitoring The Secretary, in conjunction with the Secretary of Labor, shall monitor each State agency responsible for administering employment and training services under section 6(d)(4) to ensure funds are being spent effectively and efficiently. Each program of employment and training receiving funds under section 6(d)(4) shall be subject to the requirements of the performance accountability system, including having to meet the state performance measures included in section 136 of the Workforce Investment Act (29 U.S.C. 2871). . (f) Research, demonstration, and evaluations Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ) is amended— (1) in subsection (b) by striking paragraph (3), and (2) in subsection (g)— (A) by inserting , in conjunction with the Secretary of Labor, after Secretary , and (B) by striking programs established and inserting activities provided to eligible households . (g) Minnesota family investment project Section 22(b)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(b)(4)) is amended by striking equivalent to those offered under the employment and training program . 404. Amendments to section 412 of the Immigration and Nationality Act (a) Conditions and considerations Section 412(a) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by striking make available sufficient resources for employment training and placement and inserting provide refugees with the opportunity to access employment and training services, including job placement, ; and (B) in subparagraph (B)(ii), by striking services; and inserting services provided through the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.); ; (2) in paragraph (2)(C)(iii)(II), by inserting and training after employment ; (3) in paragraph (6)(A)(ii)— (A) by striking insure and inserting ensure ; (B) by inserting and training after employment ; and (C) by inserting after available the following: through the one-stop delivery system under section 121 of the Workforce Investment Act of 1998 (29 U.S.C. 2841) ; and (4) in paragraph (9), by inserting the Secretary of Labor, after Education, . (b) Program of initial resettlement Section 412(b)(2) of such Act (8 U.S.C. 1522(b)(2)) is amended— (1) by striking orientation, instruction and inserting orientation and instruction ; and (2) by striking , and job training for refugees, and such other education and training of refugees, as facilitates and inserting for refugees to facilitate . (c) Project grants and contracts for services for refugees Section 412(c) of such Act (8 U.S.C. 1522(c)) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by inserting and training after employment ; and (B) by striking subparagraph (C); (2) in paragraph (2)(B), by striking paragraph— and all that follows through in a manner and inserting paragraph in a manner ; and (3) by adding at the end the following: (3) In carrying out this section, the Director shall ensure that employment and training services are provided through the statewide workforce development system, as appropriate, authorized by the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). Such action may include— (A) making employment and training services as described under section 134 of such Act ( 29 U.S.C. 2864 ) available to refugees; and (B) providing refugees with access to a one-stop delivery system under section 121 of such Act (29 U.S.C. 2841). . (d) Cash assistance and medical assistance to refugees Section 412(e) of such Act (8 U.S.C. 1522(e)) is amended— (1) in paragraph (2)(A)(i), by inserting and training after providing employment ; and (2) in paragraph (3), by striking The and inserting Consistent with subsection (c)(3), the . 405. Amendments relating to the Second Chance Act of 2007 (a) Federal Prisoner Reentry Initiative Section 231 of the Second Chance Act of 2007 ( 42 U.S.C. 17541 ) is amended— (1) in subsection (a)(1)(E)— (A) by inserting the Department of Labor and before other Federal agencies ; and (B) by inserting State and local workforce investment boards, after community-based organizations, ; (2) in subsection (c)— (A) in paragraph (2), by striking at the end and ; (B) in paragraph (3), by striking at the end the period and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) to coordinate reentry programs with the employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.). ; and (3) in subsection (d), by adding at the end the following new paragraph: (6) Interaction with the workforce investment system (A) In general In carrying out this section, the Director shall ensure that employment and training services, including such employment and services offered through reentry programs, are provided, as appropriate, through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.). Such action may include— (i) making employment and training services available to prisoners prior to and immediately following the release of such prisoners; or (ii) providing prisoners with access by remote means to a one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 ) in the State in which the prison involved is located. (B) Service defined In this paragraph, the term employment and training services means those services described in section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864) offered by the Bureau of Prisons, including— (i) the skills assessment described in subsection (a)(1)(A); (ii) the skills development plan described in subsection (a)(1)(B); and (iii) the enhancement, development, and implementation of reentry and skills development programs. . (b) Duties of the Bureau of Prisons Section 4042(a)(5)(E) of title 18, United States Code, is amended— (1) in clause (ii), by striking Employment and inserting Employment and training services (as defined in paragraph (6) of section 231(d) of the Second Chance Act of 2007), including basic skills attainment, consistent with such paragraph ; (2) by striking clause (iii); and (3) by redesignating clauses (iv), (v), (vi), and (vii) as clauses (iii), (iv), (v), and (vi), respectively. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968 Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking vocational and inserting career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) and training ; (B) by redesignating each of paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (4) coordinating employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), including a one-stop delivery system under section 121 of such Act (29 U.S.C. 2841), for offenders upon release from prison, jail, or a juvenile facility, as appropriate; ; (2) in subsection (d)(2), by inserting , including local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832), after nonprofit organizations ; (3) in subsection (e)— (A) in paragraph (3), by striking victims services, and employment services and inserting and victim services ; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (4) provides employment and training services through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ), including a one-stop delivery system under section 121 of such Act ( 29 U.S.C. 2841 ); and ; (4) in subsection (k)— (A) in paragraph (1)(A), by inserting , in accordance with paragraph (2) after under this section ; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following new paragraph: (2) Employment and training The Attorney General shall require each grantee under this section to measure the core indicators of performance as described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(b)(2)(A)) with respect to the program of such grantee funded with a grant under this section. . 407. Conforming amendments to the United States Code Title 38, United States Code, is amended— (1) by striking the item relating to section 4103A and section 4104 in the table of sections at the beginning of chapter 41 of such title; (2) in section 4102A— (A) in subsection (b)— (i) by striking paragraphs (5), (6), and (7); (ii) by redesignating paragraph (8) as paragraph (5); (B) by striking subsections (c) and (h); (C) by redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f); (D) in subsection (e)(1) (as so redesignated)— (i) by striking , including disabled veterans’ outreach program specialists and local veterans' employment representatives providing employment, training, and placement services under this chapter in a State ; and (ii) by striking for purposes of subsection (c) . (3) in section 4109(a), by striking disabled veterans’ outreach program specialists and local veterans’ employment representative and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; (4) in section 4109(d)(1), by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; (5) in section 4112(d)— (A) in paragraph (1), by striking disabled veterans’ outreach program specialist and inserting veteran employment specialist appointed under section 134(f) of the Workforce Investment Act of 1998 ; and (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (6) in section 3672(d)(1), by striking disabled veterans’ outreach program specialists under section 4103A and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; and (7) in section 4104A— (A) in subsection (b)(1), by striking subparagraph (A) and inserting the following: (A) the appropriate veteran employment specialist (in carrying out the functions described in section 134(f) of the Workforce Investment Act of 1998); ; and (B) in subsection (c)(1), by striking subparagraph (A) and inserting the following: (A) collaborate with the appropriate veteran employment specialist (as described in section 134(f)) and the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)); . 408. Conforming amendment to table of contents The table of contents in section 1(b) is amended to read as follows: Sec. 1. Short title; table of contents. TITLE I—WORKFORCE INVESTMENT SYSTEMS Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 106. Purpose. Chapter 1—State Provisions Sec. 111. State workforce investment boards. Sec. 112. State plan. Chapter 2—Local Provisions Sec. 116. Local workforce investment areas. Sec. 117. Local workforce investment boards. Sec. 118. Local plan. Chapter 3—Workforce Investment Activities Providers Sec. 121. Establishment of one-stop delivery systems. Sec. 122. Identification of eligible providers of training services. Sec. 123. [Repealed]. Chapter 4—[Repealed] Chapter 5—Employment and Training Activities Sec. 131. General authorization. Sec. 132. State allotments. Sec. 133. Within State allocations. Sec. 134. Use of funds for employment and training activities. Chapter 6—General Provisions Sec. 136. Performance accountability system. Sec. 137. Authorization of appropriations. Subtitle C—Job Corps Sec. 141. Purposes. Sec. 142. Definitions. Sec. 143. Establishment. Sec. 144. Individuals eligible for the Job Corps. Sec. 145. Recruitment, screening, selection, and assignment of enrollees. Sec. 146. Enrollment. Sec. 147. Job Corps centers. Sec. 148. Program activities. Sec. 149. Counseling and job placement. Sec. 150. Support. Sec. 151. Operations. Sec. 152. Standards of conduct. Sec. 153. Community participation. Sec. 154. Workforce councils. Sec. 155. [Repealed]. Sec. 156. Technical assistance to centers. Sec. 157. Application of provisions of Federal law. Sec. 158. Special provisions. Sec. 159. Performance accountability and management. Sec. 160. General provisions. Sec. 161. Authorization of appropriations. Subtitle D—National Programs Sec. 166. [Repealed]. Sec. 167. [Repealed]. Sec. 168. [Repealed]. Sec. 169. [Repealed]. Sec. 170. Technical assistance. Sec. 171. [Repealed]. Sec. 172. Evaluations. Sec. 173. [Repealed]. Sec. 173A. [Repealed]. Sec. 174. [Repealed]. Subtitle E—Administration Sec. 181. Requirements and restrictions. Sec. 182. Prompt allocation of funds. Sec. 183. Monitoring. Sec. 184. Fiscal controls; sanctions. Sec. 185. Reports; recordkeeping; investigations. Sec. 186. Administrative adjudication. Sec. 187. Judicial review. Sec. 188. Nondiscrimination. Sec. 189. Administrative provisions. Sec. 190. References. Sec. 191. State legislative authority. Sec. 192. [Repealed]. Sec. 193. Transfer of Federal equity in State employment security real property to the States. Sec. 194. [Repealed]. Sec. 195. General program requirements. Sec. 196. Federal agency staff. Sec. 197. Restrictions on lobbying and political activities. Subtitle F—Repeals and Conforming Amendments Sec. 199. Repeals. Sec. 199A. Conforming amendments. TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Definitions. Sec. 204. Home schools. Sec. 205. Authorization of appropriations. Subtitle A—Federal Provisions Sec. 211. Reservation of funds; grants to eligible agencies; allotments. Sec. 212. Performance accountability system. Subtitle B—State Provisions Sec. 221. State administration. Sec. 222. State distribution of funds; matching requirement. Sec. 223. State leadership activities. Sec. 224. State plan. Sec. 225. Programs for corrections education and other institutionalized individuals. Subtitle C—Local Provisions Sec. 231. Grants and contracts for eligible providers. Sec. 232. Local application. Sec. 233. Local administrative cost limits. Subtitle D—General Provisions Sec. 241. Administrative provisions. Sec. 242. National activities. TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES Subtitle A—Wagner-Peyser Act Sec. 301. Definitions. Sec. 302. Functions. Sec. 303. Designation of State agencies. Sec. 304. Appropriations. Sec. 305. Disposition of allotted funds. Sec. 306. State plans. Sec. 307. Repeal of Federal advisory council. Sec. 308. Regulations. Sec. 309. Employment statistics. Sec. 310. Technical amendments. Sec. 311. Effective date. Subtitle B—Linkages With Other Programs Sec. 321. Trade Act of 1974. Sec. 322. Veterans' employment programs. Sec. 323. Older Americans Act of 1965. Subtitle C—[Repealed] Subtitle D—Application of Civil Rights and Labor-Management Laws to the Smithsonian Institution Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998 Sec. 401. Short title. Sec. 402. Title. Sec. 403. General provisions. Sec. 404. Vocational rehabilitation services. Sec. 405. Research and training. Sec. 406. Professional development and special projects and demonstrations. Sec. 407. National Council on Disability. Sec. 408. Rights and advocacy. Sec. 409. Employment opportunities for individuals with disabilities. Sec. 410. Independent living services and centers for independent living. Sec. 411. [Repealed]. Sec. 412. Helen Keller National Center Act. Sec. 413. President's Committee on Employment of People With Disabilities. Sec. 414. Conforming amendments. TITLE V—GENERAL PROVISIONS Sec. 501. State unified plan. Sec. 502. [Repealed]. Sec. 503. [Repealed]. Sec. 504. Privacy. Sec. 505. Buy-American requirements. Sec. 506. [Repealed]. Sec. 507. Effective date. . V AMENDMENTS TO THE REHABILITATION ACT OF 1973 501. Findings Section 2(a) of the Rehabilitation Act of 1973 (29 U.S.C. 701(a)) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period and inserting ; and ; and (3) by adding at the end the following: (7) there is a substantial need to improve and expand services for students with disabilities under this Act. . 502. Rehabilitation services administration (a) Rehabilitation services administration The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended— (1) in section 3(a) (29 U.S.C. 702(a))— (A) by striking Office of the Secretary and inserting Department of Education ; (B) by striking President by and with the advice and consent of the Senate and inserting Secretary ; and (C) by striking , and the Commissioner shall be the principal officer, ; (2) by striking Commissioner each place it appears (except in section 21) and inserting Director ; (3) in section 12(c) (29 U.S.C. 709), by striking Commissioner’s and inserting Director’s ; (4) in the heading for subparagraph (B) of section 100(d)(2), by striking commissioner and inserting director ; (5) in the heading for section 706, by striking commissioner and inserting director ; (6) in the heading for paragraph (3) of section 723(a), by striking commissioner and inserting director ; and (7) in section 21 (29 U.S.C. 718)— (A) in subsection (b)(1)— (i) by striking Commissioner the first place it appears and inserting Director of the Rehabilitation Services Administration ; (ii) by striking (referred to in this subsection as the Director ) ; and (iii) by striking The Commissioner and the Director and inserting Both such Directors ; and (B) by striking the Commissioner and the Director each place it appears and inserting both such Directors . (b) Effective date; application The amendments made by subsection (a) shall— (1) take effect on the date of the enactment of this Act; and (2) apply with respect to the appointments of Directors of the Rehabilitation Services Administration made on or after the date of enactment of this Act, and the Directors so appointed. 503. Definitions Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is amended— (1) by redesignating paragraphs (35) through (39) as paragraphs (36) through (40), respectively; (2) in subparagraph (A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking paragraph (36)(C) and inserting paragraph (37)(C) ; and (3) by inserting after paragraph (34) the following: (35) (A) The term student with a disability means an individual with a disability who— (i) is not younger than 16 and not older than 21; (ii) has been determined to be eligible under section 102(a) for assistance under this title; and (iii) (I) is eligible for, and is receiving, special education under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); or (II) is an individual with a disability, for purposes of section 504. (B) The term students with disabilities means more than 1 student with a disability. . 504. State plan Section 101(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a) ) is amended— (1) in paragraph (10)(B) by striking on the eligible individuals and all that follows through section 136(d)(2) and inserting of information necessary to assess the State’s performance on the core indicators of performance described in section 136(b)(2)(A) ; (2) in paragraph (11)— (A) in subparagraph (D)(i), by inserting before the semicolon the following: , which may be provided using alternative means of meeting participation (such as video conferences and conference calls) ; and (B) by adding at the end the following: (G) Coordination with assistive technology programs The State plan shall include an assurance that the designated State unit and the lead agency or implementing entity responsible for carrying out duties under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) have developed working relationships and coordinate their activities. ; (3) in paragraph (15)— (A) in subparagraph (A)— (i) in clause (i)— (I) in subclause (II), by striking and at the end; (II) in subclause (III), by adding and at the end; and (III) by adding at the end the following: (IV) students with disabilities, including their need for transition services; ; (ii) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (iii) by inserting after clause (i) the following: (ii) include an assessment of the transition services provided under this Act, and coordinated with transition services under the Individuals with Disabilities Education Act, as to those services meeting the needs of individuals with disabilities; ; and (B) in subparagraph (D)— (i) by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; and (ii) by inserting after clause (ii) the following: (iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to the receipt of vocational rehabilitation services under this title or to postsecondary education or employment; ; (4) in paragraph (22)— (A) by striking carrying out part B of title VI, including ; and (B) by striking that part to supplement funds made available under part B of ; (5) in paragraph (24)(A), by striking part A of title VI and inserting section 109A ; and (6) by adding at the end the following: (25) Collaboration with industry The State plan shall describe how the designated State agency will carry out the provisions of section 109A, including— (A) the criteria such agency will use to award grants under such section; and (B) how the activities carried out under such grants will be coordinated with other services provided under this title. (26) Services for students with disabilities The State plan shall provide an assurance satisfactory to the Secretary that the State— (A) has developed and implemented strategies to address the needs identified in the assessment described in paragraph (15), and achieve the goals and priorities identified by the State, to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis in accordance with paragraph (15); and (B) from funds reserved under section 110A, shall carry out programs or activities designed to improve and expand vocational rehabilitation services for students with disabilities that— (i) facilitate the transition of students with disabilities from the receipt of educational services in school, to the receipt of vocational rehabilitation services under this title, including, at a minimum, those services specified in the interagency agreement required in paragraph (11)(D); (ii) improve the achievement of post-school goals of students with disabilities, including improving the achievement through participation (as appropriate when career goals are discussed) in meetings regarding individualized education programs developed under section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414); (iii) provide career guidance, career exploration services, job search skills and strategies, and technical assistance to students with disabilities; (iv) support the provision of training and technical assistance to State and local educational agencies and designated State agency personnel responsible for the planning and provision of services to students with disabilities; and (v) support outreach activities to students with disabilities who are eligible for, and need, services under this title. . 505. Scope of services Section 103 of the Rehabilitation Act of 1973 ( 29 U.S.C. 723 ) is amended— (1) in subsection (a), by striking paragraph (15) and inserting the following: (15) transition services for students with disabilities, that facilitate the achievement of the employment outcome identified in the individualized plan for employment, including services described in clauses (i) through (iii) of section 101(a)(26)(B); ; (2) in subsection (b), by striking paragraph (6) and inserting the following: (6) (A) (i) Consultation and technical assistance services to assist State and local educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment. (ii) Training and technical assistance described in section 101(a)(26)(B)(iv). (B) Services for groups of individuals with disabilities who meet the requirements of clauses (i) and (iii) of section 7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of section 101(a)(26)(B), to assist in the transition from school to post-school activities. ; and (3) in subsection (b) by inserting at the end, the following: (7) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 ) to promote access to assistive technology for individuals with disabilities and employers. . 506. Standards and indicators Section 106 of the Rehabilitation Act of 1973 ( 29 U.S.C. 726(a) ) is amended— (1) by striking subsection (a) and inserting the following: (a) Standards and indicators The performance standards and indicators for the vocational rehabilitation program carried out under this title— (1) shall be subject to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act of 1998; and (2) may, at a State’s discretion, include additional indicators identified in the State plan submitted under section 101. ; and (2) in subsection (b)(2)(B), by striking clause (i) and inserting the following: (i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Director, direct the State to make revisions to the plan to improve performance; and . 507. Collaboration with industry The Rehabilitation Act of 1973 is amended by inserting after section 109 (29 U.S.C. 729) the following: 109A. Collaboration with industry (a) Authority A State shall use not less than one-half of one percent of the payment the State receives under section 111 for a fiscal year to award grants to eligible entities to create practical job and career readiness and training programs, and to provide job placements and career advancement. (b) Application To receive a grant under this section, an eligible entity shall submit an application to a designated State agency at such time, in such manner, and containing such information as such agency shall require. Such application shall include, at a minimum— (1) a plan for evaluating the effectiveness of the program; (2) a plan for collecting and reporting the data and information described under subparagraphs (A) through (C) of section 101(a)(10), as determined appropriate by the designated State agency; and (3) a plan for providing for the non-Federal share of the costs of the program. (c) Activities An eligible entity receiving a grant under this section shall use the grant funds to carry out a program that provides one or more of the following: (1) Job development, job placement, and career advancement services for individuals with disabilities. (2) Training in realistic work settings in order to prepare individuals with disabilities for employment and career advancement in the competitive market. (3) Providing individuals with disabilities with such support services as may be required in order to maintain the employment and career advancement for which the individuals have received training. (d) Awards Grants under this section shall— (1) be awarded for a period not to exceed 5 years; and (2) be awarded competitively. (e) Eligible entity defined For the purposes of this section, the term eligible entity means a for-profit business, alone or in partnership with one or more of the following: (1) Community rehabilitation program providers. (2) Indian tribes. (3) Tribal organizations. (f) Federal share The Federal share of a program under this section shall not exceed 80 percent of the costs of the program. (g) Eligibility for services An individual shall be eligible for services provided under a program under this section if the individual is determined under section 102(a)(1) to be eligible for assistance under this title. . 508. Reservation for expanded transition services The Rehabilitation Act of 1973 is amended by inserting after section 110 ( 29 U.S.C. 730 ) the following: 110A. Reservation for expanded transition services Each State shall reserve not less than 10 percent of the funds allotted to the State under section 110(a) to carry out programs and activities under sections 101(a)(26)(B) and 103(b)(6). . 509. Client assistance program Section 112(e)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 732(e)(1) ) is amended by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: (D) The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. The amount of such grants shall be the same as provided to territories under this subsection. . 510. Title III amendments Title III of the Rehabilitation Act of 1973 ( 29 U.S.C. 771 et seq. ) is amended— (1) in section 301(a)— (A) in paragraph (2), by inserting and at the end; (B) by striking paragraphs (3) and (4); and (C) by redesignating paragraph (5) as paragraph (3); (2) in section 302(g)— (A) in the heading, by striking And In-Service Training ; and (B) by striking paragraph (3); (3) in section 303(c)— (A) in paragraph (4)— (i) by amending subparagraph (A)(ii) to read as follows: (ii) to coordinate and work closely with the parent training and information centers established pursuant to section 671 of the Individuals with Disabilities Education Act, the community parent resource centers established pursuant to section 672 of such Act, and the eligible entities receiving awards under section 673 of such Act; and ; and (ii) in subparagraph (C), by inserting , and demonstrate the capacity for serving, after serve ; and (B) by adding at the end the following: (8) Reservation From the amount appropriated to carry out this subsection for a fiscal year, 20 percent of such amount or $500,000, whichever is less, shall be reserved to carry out paragraph (6). ; (4) by striking sections 304 and 305; and (5) by redesignating section 306 as section 304. 511. Repeal of title VI The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended by repealing title VI. 512. Chairperson Section 705(b)(5) of the Rehabilitation Act of 1973 (29 U.S.C. 796d(b)(5)) is amended to read as follows: (5) Chairperson The Council shall select a chairperson from among the voting membership of the Council. . 513. Authorizations of appropriations The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is further amended— (1) in section 100(b)(1) (29 U.S.C. 720(b)(1)), by striking such sums as may be necessary for fiscal years 1999 through 2003 and inserting $3,121,712,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (2) in section 110(c) (29 U.S.C. 730(c)), by amending paragraph (2) to read as follows: (2) The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1) for each of fiscal years 2014 through 2020. ; (3) in section 112(h) (29 U.S.C. 732(h)) by striking such sums as may be necessary for fiscal years 1999 through 2003 and inserting $12,240,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (4) by amending subsection (a) of section 201 ( 29 U.S.C. 761(a) ) to read as follows: (a) There are authorized to be appropriated $108,817,000 for fiscal year 2014 and each of the 6 succeeding fiscal years to carry out this title. ; (5) in section 302(i) (29 U.S.C. 772(i)) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $35,515,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (6) in section 303(e) (29 U.S.C. 773(e)) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $5,325,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (7) in section 405 (29 U.S.C. 785) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $3,258,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (8) in section 502(j) (29 U.S.C. 792(j)) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $7,400,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (9) in section 509(l) (29 U.S.C. 794e(l)) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $18,031,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (10) in section 714 (29 U.S.C. 796e–3), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $23,359,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (11) in section 727 (29 U.S.C. 796f–6), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $79,953,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; and (12) in section 753 (29 U.S.C. 7961), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $34,018,000 for fiscal year 2014 and each of the 6 succeeding fiscal years . 514. Conforming amendments Section 1(b) of the Rehabilitation Act of 1973 is amended— (1) by inserting after the item relating to section 109 the following: Sec. 109A. Collaboration with industry. ; (2) by inserting after the item relating to section 110 the following: Sec. 110A. Reservation for expanded transition services. ; (3) by striking the item related to section 304 and inserting the following: Sec. 304. Measuring of project outcomes and performance. ; (4) by striking the items related to sections 305 and 306; and (5) by striking the items related to title VI. VI Studies by the Comptroller General 601. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that— (1) evaluates the effectiveness of subparagraph (B) of section 134(d)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)(B)) (as such subparagraph was in effect on the day before the date of enactment of this Act), including— (A) a review of the regulations and guidance issued by the Secretary of Labor to State and local areas on how to comply with such subparagraph; (B) a review of State policies to determine how local areas are required to comply with such subparagraph; (C) a review of local area policies to determine how one-stop operators are required to comply with such subparagraph; and (D) a review of a sampling of individuals receiving training services under section 134(d)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)) to determine if, before receiving such training services, such individuals have exhausted funds received through the Federal Pell Grant program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (2) makes appropriate recommendations with respect to the matters evaluated under paragraph (1). 602. Study by the Comptroller General on administrative cost savings (a) Study Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that— (1) determines the amount of administrative costs at the Federal and State levels for the most recent fiscal year for which satisfactory data are available for— (A) each of the programs authorized under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) or repealed under section 401 of this Act, as such programs were in effect for such fiscal year; and (B) each of the programs described in subparagraph (A) that have been repealed or consolidated on or after the date of enactment of this Act; (2) determines the amount of administrative cost savings at the Federal and State levels as a result of repealing and consolidating programs by calculating the differences in the amount of administrative costs between subparagraph (A) and subparagraph (B) of paragraph (1); and (3) estimates the administrative costs savings at the Federal and State levels for a fiscal year as a result of States consolidating funds under section 501(e) of the Workforce Investment Act of 1998 (20 U.S.C. 9271(e)) to reduce inefficiencies in the administration of federally-funded State and local employment and training programs. (b) Definition For purposes of this section, the term administrative cost has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801).\n\nPassed the House of Representatives March 15, 2013. Karen L. Haas, Clerk"}}},{"rowIdx":1526,"cells":{"tv_id":{"kind":"string","value":"113-hr-803-rh-dtd"},"legis_id":{"kind":"string","value":"113-hr-803"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":803,"string":"803"},"legis_version":{"kind":"string","value":"rh"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr803rh.xml"},"file_name":{"kind":"string","value":"BILLS-113hr803rh.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:29:59.169"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 803 RH: SKILLS Act\n \n \n U.S. House of Representatives\n \n \n 2013-03-12\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Table of contents\n \n \n The table of contents for this Act is as follows:\n \n \n \n Sec. 1. Short title.\n \n \n Sec. 2. Table of contents.\n \n \n Sec. 3. References.\n \n \n Sec. 4. Effective date.\n \n \n Title I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998\n \n \n Subtitle A—Workforce Investment Definitions\n \n \n Sec. 101. Definitions.\n \n \n Subtitle B—Statewide and Local Workforce Investment Systems\n \n \n Sec. 102. Purpose.\n \n \n Sec. 103. State workforce investment boards.\n \n \n Sec. 104. State plan.\n \n \n Sec. 105. Local workforce investment areas.\n \n \n Sec. 106. Local workforce investment boards.\n \n \n Sec. 107. Local plan.\n \n \n Sec. 108. Establishment of one-stop delivery system.\n \n \n Sec. 109. Identification of eligible providers of training services.\n \n \n Sec. 110. General authorization.\n \n \n Sec. 111. State allotments.\n \n \n Sec. 112. Within State allocations.\n \n \n Sec. 113. Use of funds for employment and training activities.\n \n \n Sec. 114. Performance accountability system.\n \n \n Sec. 115. Authorization of appropriations.\n \n \n Subtitle C—Job Corps\n \n \n Sec. 116. Job Corps purposes.\n \n \n Sec. 117. Job Corps definitions.\n \n \n Sec. 118. Individuals eligible for the Job Corps.\n \n \n Sec. 119. Recruitment, screening, selection, and assignment of enrollees.\n \n \n Sec. 120. Job Corps centers.\n \n \n Sec. 121. Program activities.\n \n \n Sec. 122. Counseling and job placement.\n \n \n Sec. 123. Support.\n \n \n Sec. 124. Operations.\n \n \n Sec. 125. Community participation.\n \n \n Sec. 126. Workforce councils.\n \n \n Sec. 127. Technical assistance.\n \n \n Sec. 128. Special provisions.\n \n \n Sec. 129. Performance accountability management.\n \n \n Subtitle D—National Programs\n \n \n Sec. 130. Technical assistance.\n \n \n Sec. 131. Evaluations.\n \n \n Subtitle E—Administration\n \n \n Sec. 132. Requirements and restrictions.\n \n \n Sec. 133. Prompt allocation of funds.\n \n \n Sec. 134. Fiscal controls; sanctions.\n \n \n Sec. 135. Reports to Congress.\n \n \n Sec. 136. Administrative provisions.\n \n \n Sec. 137. State legislative authority.\n \n \n Sec. 138. General program requirements.\n \n \n Sec. 139. Federal agency staff.\n \n \n Subtitle F—State unified plan\n \n \n Sec. 140. State unified plan.\n \n \n Title II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION\n \n \n Sec. 201. Amendment.\n \n \n Title III—AMENDMENTS TO THE WAGNER-PEYSER ACT\n \n \n Sec. 301. Amendments to the Wagner-Peyser Act.\n \n \n Title IV—REPEALS AND CONFORMING AMENDMENTS\n \n \n Sec. 401. Repeals.\n \n \n Sec. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.\n \n \n Sec. 403. Amendments to the Food and Nutrition Act of 2008.\n \n \n Sec. 404. Amendments to section 412 of the Immigration and Nationality Act.\n \n \n Sec. 405. Amendments relating to the Second Chance Act of 2007.\n \n \n Sec. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968.\n \n \n Sec. 407. Conforming amendments to the United States Code.\n \n \n Sec. 408. Conforming amendment to table of contents.\n \n \n Title V—AMENDMENTS TO THE REHABILITATION ACT OF 1973\n \n \n Sec. 501. Findings.\n \n \n Sec. 502. Rehabilitation services administration.\n \n \n Sec. 503. Definitions.\n \n \n Sec. 504. State plan.\n \n \n Sec. 505. Scope of services.\n \n \n Sec. 506. Standards and indicators.\n \n \n Sec. 507. Collaboration with industry.\n \n \n Sec. 508. Reservation for expanded transition services.\n \n \n Sec. 509. Client assistance program.\n \n \n Sec. 510. Title III amendments.\n \n \n Sec. 511. Repeal of title VI.\n \n \n Sec. 512. Chairperson.\n \n \n Sec. 513. Authorizations of appropriations.\n \n \n Sec. 514. Conforming amendments.\n \n \n \n \n \n 3.\n \n \n References\n \n \n Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 (\n \n 29 U.S.C. 9201 et seq.\n \n ).\n \n \n \n \n 4.\n \n \n Effective date\n \n \n Except as otherwise provided, this Act and the amendments made by this Act shall be effective with respect to fiscal year 2014 and succeeding fiscal years.\n \n \n \n <enum>\n I\n </enum>\n <header>\n AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998\n </header>\n <subtitle id=\"HE9EF1EBAA5D44534B525B7F2634CD4D0\">\n <enum>\n A\n </enum>\n <header>\n Workforce Investment Definitions\n </header>\n <section id=\"H7BB5C75E651449C29EB5AED1F899F81B\">\n <enum>\n 101.\n </enum>\n <header>\n Definitions\n </header>\n <text display-inline=\"no-display-inline\">\n Section 101 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2801\">\n 29 U.S.C. 2801\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H940480D34714458493BC2CB440D92E08\">\n <enum>\n (1)\n </enum>\n <text>\n by striking paragraphs (13) and (24);\n </text>\n </paragraph>\n <paragraph id=\"H3DCF35C34E034A8AA7BA0F511DE3F44A\">\n <enum>\n (2)\n </enum>\n <text>\n by redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14) through (23) as paragraphs (15) through (24), respectively;\n </text>\n </paragraph>\n <paragraph id=\"HDA7A4EFD01B646F492EF9FF7F593D48C\">\n <enum>\n (3)\n </enum>\n <text>\n by striking paragraphs (52) and (53);\n </text>\n </paragraph>\n <paragraph id=\"HA61B690E27064D28BC01130E24C6883C\">\n <enum>\n (4)\n </enum>\n <text>\n by inserting after\n <quote>\n In this title:\n </quote>\n the following new paragraphs:\n </text>\n <quoted-block id=\"H34F3AB9754354FC7A5761E175454784A\" style=\"OLC\">\n <paragraph id=\"HABAD9E2851C24CCFB6FFCF65AFDB9866\">\n <enum>\n (1)\n </enum>\n <header>\n Accrued expenditures\n </header>\n <text>\n The term\n <term>\n accrued expenditures\n </term>\n means charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; services performed by employees, contractors, subgrantees, subcontractors, and other payees; and other amounts becoming owed under programs assisted under this title for which no current services or performance is required, such as annuities, insurance claims, and other benefit payments.\n </text>\n </paragraph>\n <paragraph id=\"HF96EADEA12F4487BA2294F06E5DB4868\">\n <enum>\n (2)\n </enum>\n <header>\n Administrative costs\n </header>\n <text>\n The term\n <term>\n administrative costs\n </term>\n means expenditures incurred by State and local workforce investment boards, direct recipients (including State grant recipients under subtitle B and recipients of awards under subtitles C and D), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under this title which are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and non-personnel and both direct and indirect.\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H7775CB664E3E45879CF357142E8C28E9\">\n <enum>\n (5)\n </enum>\n <text>\n in paragraph (3) (as so redesignated), by striking\n <quote>\n Except in sections 127 and 132, the\n </quote>\n and inserting\n <quote>\n The\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H99BF40E6D1E1458689CDF8D254B30D63\">\n <enum>\n (6)\n </enum>\n <text>\n by amending paragraph (5) (as so redesignated) to read as follows:\n </text>\n <quoted-block id=\"H876BDFCA71324B45B6ECCD9081CEB804\" style=\"OLC\">\n <paragraph id=\"HD1844A3A6F5449BA911FDA6F8C14AAD3\">\n <enum>\n (5)\n </enum>\n <header>\n Area career and technical education school\n </header>\n <text>\n The term\n <term>\n area career and technical education school\n </term>\n has the meaning given the term in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/2302\">\n 20 U.S.C. 2302(3)\n </external-xref>\n ).\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HCF19CEB0DDD2420E812427A944810D7A\">\n <enum>\n (7)\n </enum>\n <text>\n in paragraph (6) (as so redesignated), by inserting\n <quote>\n (or such other level as the Governor may establish)\n </quote>\n after\n <quote>\n 8th grade level\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HE9263530D79D42869B66885B413BDD93\">\n <enum>\n (8)\n </enum>\n <text>\n in paragraph (10)(C) (as so redesignated), by striking\n <quote>\n not less than 50 percent of the cost of the training\n </quote>\n and inserting\n <quote>\n a significant portion of the cost of training, as determined by the local board (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board determines to be appropriate\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H6DDD50B68EEA4777B95535D91076C973\">\n <enum>\n (9)\n </enum>\n <text>\n in paragraph (11) (as so redesignated)—\n </text>\n <subparagraph id=\"H4CDE91705D974AF59C15BB39BC21236A\">\n <enum>\n (A)\n </enum>\n <text>\n in subparagraph (A)(ii)(II), by striking\n <quote>\n section 134(c)\n </quote>\n and inserting\n <quote>\n section 121(e)\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"HB941666E736F4A7594C8749D2F6A993E\">\n <enum>\n (B)\n </enum>\n <text>\n in subparagraph (B)(iii)—\n </text>\n <clause id=\"HE13EC82B657B4590B79FA7AB1929B877\">\n <enum>\n (i)\n </enum>\n <text>\n by striking\n <quote>\n 134(d)(4)\n </quote>\n and inserting\n <quote>\n 134(c)(4)\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"HFFCDEE584AE74A7C90A0806B0CDC77B0\">\n <enum>\n (ii)\n </enum>\n <text>\n by striking\n <quote>\n intensive services described in section 134(d)(3)\n </quote>\n and inserting\n <quote>\n work ready services described in section 117(d)(5)(C)\n </quote>\n ;\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H1BF7825721924DBE884053E962BFBC24\">\n <enum>\n (C)\n </enum>\n <text>\n in subparagraph (C), by striking\n <quote>\n or\n </quote>\n after the semicolon;\n </text>\n </subparagraph>\n <subparagraph id=\"H1590AD4428CB4C13ABDC5F45009B8D60\">\n <enum>\n (D)\n </enum>\n <text>\n in subparagraph (D), by striking the period and inserting\n <quote>\n ; or\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HE0B72AB27C5343F1908BF0750A9CCF94\">\n <enum>\n (E)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"HC8A80104FEBB480E87993189082356E8\" style=\"OLC\">\n <subparagraph id=\"HA68B2FAD4969414AA761F1F70B0358A5\">\n <enum>\n (E)\n </enum>\n <clause commented=\"no\" display-inline=\"yes-display-inline\" id=\"H51144F715AD847FDA65213D537ECA4B0\">\n <enum>\n (i)\n </enum>\n <text>\n is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/10/101\">\n section 101(d)(2)\n </external-xref>\n of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or\n </text>\n </clause>\n <clause id=\"HC4AD9CD8B8734F0697D5E483A9141D6F\" indent=\"up1\">\n <enum>\n (ii)\n </enum>\n <text>\n is the spouse of a member of the Armed Forces on active duty who meets the criteria described in paragraph (12)(B).\n </text>\n </clause>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H3CC74E07F7F1445D8FCEF8BE682D8FA1\">\n <enum>\n (10)\n </enum>\n <text>\n in paragraph (12)(A) (as redesignated)—\n </text>\n <subparagraph id=\"H0C8D34BC0CB54413A20154A23838F2C5\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n and\n </quote>\n after the semicolon and inserting\n <quote>\n or\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H9B2ED2076D3E4D94BA1FAE1B14CF7A45\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n (A)\n </quote>\n and inserting\n <quote>\n (A)(i)\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HA8052B03C6A04456A91C8E88384BE10D\">\n <enum>\n (C)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"H11C0073E8DED417ABF1FD1C1BBE5A6E7\" style=\"OLC\">\n <clause id=\"H7E6FD01C15A74A6E8D7E882EDBF8197E\" indent=\"up1\">\n <enum>\n (ii)\n </enum>\n <text>\n is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/10/101\">\n section 101(d)(2)\n </external-xref>\n of title 10, United States Code) whose family income is significantly reduced because of a deployment (as defined in\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/10/991\">\n section 991(b)\n </external-xref>\n of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/10/101\">\n section 101(a)(13)(B)\n </external-xref>\n of title 10, United States Code, a permanent change of station, or the service-connected (as defined in\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/38/101\">\n section 101(16)\n </external-xref>\n of title 38, United States Code) death or disability of the member; and\n </text>\n </clause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H35AA221142C74688A77344F82EC65EB1\">\n <enum>\n (11)\n </enum>\n <text>\n in paragraph (13) (as so redesignated), by inserting\n <quote>\n or regional\n </quote>\n after\n <quote>\n local\n </quote>\n each place it appears;\n </text>\n </paragraph>\n <paragraph id=\"H5EDC11DD664340BBABF1278FEBC24503\">\n <enum>\n (12)\n </enum>\n <text>\n in paragraph (14) (as so redesignated)—\n </text>\n <subparagraph id=\"H1F1B34DD5733490AB0BD841006D611C4\">\n <enum>\n (A)\n </enum>\n <text>\n in subparagraph (A), by striking\n <quote>\n section 122(e)(3)\n </quote>\n and inserting\n <quote>\n section 122\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H83F2DE3C20994E8B851EEB1A9B352051\">\n <enum>\n (B)\n </enum>\n <text>\n by striking subparagraph (B), and inserting the following:\n </text>\n <quoted-block id=\"HE6A460492A8F4A67945AA80E1E396D32\" style=\"OLC\">\n <subparagraph id=\"HACD13F3C1A8B46E8A33B2B7332E452F3\">\n <enum>\n (B)\n </enum>\n <text>\n work ready services, means a provider who is identified or awarded a contract as described in section 117(d)(5)(C); or\n </text>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H57C3A7A403DD48538481FCF5E6CA07B7\">\n <enum>\n (C)\n </enum>\n <text>\n by striking subparagraph (C); and\n </text>\n </subparagraph>\n <subparagraph id=\"HFB362A1091DC4752B4CCC3422DC73C97\">\n <enum>\n (D)\n </enum>\n <text>\n by redesignating subparagraph (D) as subparagraph (C).\n </text>\n </subparagraph>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H713219D5B9FF4E07A7BB9C05D05CFBC7\">\n <enum>\n (13)\n </enum>\n <text>\n in paragraph (15) (as so redesignated), by striking\n <quote>\n adult or dislocated worker\n </quote>\n and inserting\n <quote>\n individual\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H843F9F558DAA47EDA1EFAE5A96E324C7\">\n <enum>\n (14)\n </enum>\n <text>\n in paragraph (25)—\n </text>\n <subparagraph id=\"H48AE4A4283E14AC0863569999F3F7A3D\">\n <enum>\n (A)\n </enum>\n <text>\n in subparagraph (B), by striking\n <quote>\n higher of—\n </quote>\n and all that follows through clause (ii) and inserting\n <quote>\n poverty line for an equivalent period;\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H6880366CD4C74FB285C44A3CE7934F66\">\n <enum>\n (B)\n </enum>\n <text>\n by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and\n </text>\n </subparagraph>\n <subparagraph id=\"H17B9C1C317A44AFEB85DC63E4A83EEB8\">\n <enum>\n (C)\n </enum>\n <text>\n by inserting after subparagraph (C) the following:\n </text>\n <quoted-block id=\"HB66CE0C6BA1F4D0992986FB132B576F1\" style=\"OLC\">\n <subparagraph id=\"H97408B885FA044C3A614381F18226349\">\n <enum>\n (D)\n </enum>\n <text>\n receives or is eligible to receive free or reduced price lunch under the Richard B. Russell National School Lunch Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/1751\">\n 42 U.S.C. 1751 et seq.\n </external-xref>\n );\n </text>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HC69E61FFE21E4992BFE88AA2B318A76C\">\n <enum>\n (15)\n </enum>\n <text>\n in paragraph (32), by striking\n <quote>\n the Republic of the Marshall Islands, the Federated States of Micronesia,\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H0DF5507F920B4EE286BD98BFF9AB30C2\">\n <enum>\n (16)\n </enum>\n <text>\n by amending paragraph (33) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H826CCEB8764A44C7BA1E1DF4B41A2AFA\" style=\"OLC\">\n <paragraph id=\"HE2518FAA93AF48FC8E5F0185830FE6D4\">\n <enum>\n (33)\n </enum>\n <header>\n Out-of-school youth\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n out-of-school youth\n </term>\n means—\n </text>\n <subparagraph id=\"H7FBA3A027A61469189CDA554FE800780\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n an at-risk youth who is a school dropout; or\n </text>\n </subparagraph>\n <subparagraph id=\"H83747DE9B84C4549B7047CCEE477BE7A\">\n <enum>\n (B)\n </enum>\n <text>\n an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed.\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H99B04B6ED99A40C8BDFC33FA58FDA9AB\">\n <enum>\n (17)\n </enum>\n <text>\n in paragraph (38), by striking\n <quote>\n 134(a)(1)(A)\n </quote>\n and inserting\n <quote>\n 134(a)(1)(B)\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H528C06AFB69446D0B16A37C9D7968C92\">\n <enum>\n (18)\n </enum>\n <text>\n by amending paragraph (49) to read as follows:\n </text>\n <quoted-block id=\"H2310739988E647FC8AB354ADC0EE6FFB\" style=\"OLC\">\n <paragraph id=\"HE836941667124F3F8A632A12F51D4055\">\n <enum>\n (49)\n </enum>\n <header>\n Veteran\n </header>\n <text>\n The term\n <term>\n veteran\n </term>\n has the same meaning given the term in\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/5/2108\">\n section 2108(1)\n </external-xref>\n of title 5, United States Code.\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"HBCABDD26EE2E43C8A2CBD1D643376C97\">\n <enum>\n (19)\n </enum>\n <text>\n by amending paragraph (50) to read as follows:\n </text>\n <quoted-block id=\"H3542E4E38C4344C9996529F9B6393B5A\" style=\"OLC\">\n <paragraph id=\"H4BCAA75148FB4368ACFA7E2359805F13\">\n <enum>\n (50)\n </enum>\n <header>\n Career and technical education\n </header>\n <text>\n The term\n <term>\n career and technical education\n </term>\n has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/2302\">\n 20 U.S.C. 2302\n </external-xref>\n ).\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HFAA31D7E275F405D880A0112491CAC56\">\n <enum>\n (20)\n </enum>\n <text>\n in paragraph (51) by striking\n <quote>\n , and a youth activity\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HB945477FED854E2D8E1E78E9A5B7C028\">\n <enum>\n (21)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HC688855F23CA46CDB81C0895007F2547\" style=\"OLC\">\n <paragraph id=\"HE988277853A64A368FD4C711FBA606FC\">\n <enum>\n (52)\n </enum>\n <header>\n At-risk youth\n </header>\n <text display-inline=\"yes-display-inline\">\n Except as provided in subtitle C, the term\n <term>\n at-risk youth\n </term>\n means an individual who—\n </text>\n <subparagraph id=\"H0F7711FD9DB74807A4FC2CBE3601EDB9\">\n <enum>\n (A)\n </enum>\n <text>\n is not less than age 16 and not more than age 24;\n </text>\n </subparagraph>\n <subparagraph id=\"HAD16A8850E4840DAB92B5BBA387C02CB\">\n <enum>\n (B)\n </enum>\n <text>\n is a low-income individual; and\n </text>\n </subparagraph>\n <subparagraph id=\"H502160709A7541D6858EFD947B544E51\">\n <enum>\n (C)\n </enum>\n <text>\n is an individual who is one or more of the following:\n </text>\n <clause id=\"H0BE789CE0EFE4887B3E6CABDF9F79F3B\">\n <enum>\n (i)\n </enum>\n <text>\n a secondary school dropout;\n </text>\n </clause>\n <clause id=\"HD1314B3D49BA4CFBAF8BA408874B96F4\">\n <enum>\n (ii)\n </enum>\n <text>\n a youth in foster care (including youth aging out of foster care);\n </text>\n </clause>\n <clause id=\"H99CB00CA9CB64C58A6C7847FDB6FC2A7\">\n <enum>\n (iii)\n </enum>\n <text>\n a youth offender;\n </text>\n </clause>\n <clause id=\"HEECAD0E82BD84CB18EFE3FC74A8E5607\">\n <enum>\n (iv)\n </enum>\n <text>\n a youth who is an individual with a disability; or\n </text>\n </clause>\n <clause id=\"H2F22594B760743329B60955FC8F0DCD7\">\n <enum>\n (v)\n </enum>\n <text>\n a migrant youth.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H2EF9ACDD067749089A110AB68824CFD7\">\n <enum>\n (53)\n </enum>\n <header>\n Industry or sector partnership\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n industry or sector partnership\n </term>\n means a partnership of a State or local board and one or more industries and other entities that have the capability to help the State or local board determine the immediate and long term skilled workforce needs of in-demand industries and other occupations important to the State or local economy, respectively.\n </text>\n </paragraph>\n <paragraph id=\"HD13D17A3B730483E9F757A6A4D038BA6\">\n <enum>\n (54)\n </enum>\n <header>\n Industry-recognized credential\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n industry-recognized credential\n </term>\n means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring.\n </text>\n </paragraph>\n <paragraph id=\"HE78038DE07964D9F91171CA6B5113EE9\">\n <enum>\n (55)\n </enum>\n <header>\n Recognized postsecondary credential\n </header>\n <text display-inline=\"yes-display-inline\">\n The term ‘recognized postsecondary credential’ means a credential awarded by a training provider or postsecondary educational institution based on completion of all requirements for a program of study, including coursework or tests or other performance evaluations. The term includes an industry-recognized credential, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree.\n </text>\n </paragraph>\n <paragraph id=\"H11DF85DAC996444DB0744F58916B8F6F\">\n <enum>\n (56)\n </enum>\n <header>\n Pay-for-performance contract strategy\n </header>\n <text>\n The term\n <quote>\n pay-for-performance contract strategy\n </quote>\n means a strategy in which a contract to provide a program of employment and training activities incorporates—\n </text>\n <subparagraph id=\"HE63AAFEDFB6A478B96F44EF4AA12F548\">\n <enum>\n (A)\n </enum>\n <text>\n the performance outcome described in subclauses (I) through (IV) of section 136(b)(2)(A)(i);\n </text>\n </subparagraph>\n <subparagraph id=\"H766FE9D9A9714AB285D4E75AD3AB1C36\">\n <enum>\n (B)\n </enum>\n <text>\n a fixed amount that will be paid to a provider of such employment and training activities for each program participant who achieves the agreed to levels of performance based upon the outcome measures described in subparagraph (A), within a defined timetable, and may include a bonus payment to such provider which may be used to expand the capacity of such provider;\n </text>\n </subparagraph>\n <subparagraph id=\"H90808984616A4C7C9F5D05BB12D7FB23\">\n <enum>\n (C)\n </enum>\n <text>\n the ability for a provider to recoup the costs of training a participant who has not met such outcome measures, but for whom the provider is able to demonstrate that such participant gained specific competencies required for education and career advancement that are, where feasible, tied to industry-recognized credentials and related standards, or State licensing requirements; and\n </text>\n </subparagraph>\n <subparagraph id=\"H2CF0CD22076F47549BC45DCDCE5B8994\">\n <enum>\n (D)\n </enum>\n <text>\n the ability for a provider that does not meet the requirements under section 122(a)(2) to participate in such pay-for-performance contract and to not be required to report on the performance and cost information required under section 122(d).\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n </subtitle>\n <subtitle id=\"HA4BAEA04B55942BFA2D6D1A5E24A6B03\">\n <enum>\n B\n </enum>\n <header>\n Statewide and Local Workforce Investment Systems\n </header>\n <section id=\"HF4A360CC1CB34969A1E19CDA998993D5\">\n <enum>\n 102.\n </enum>\n <header>\n Purpose\n </header>\n <text display-inline=\"no-display-inline\">\n Section 106 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2811\">\n 29 U.S.C. 2811\n </external-xref>\n ) is amended by adding at the end the following:\n <quote>\n It is also the purpose of this subtitle to provide workforce investment activities in a manner that enhances employer engagement, promotes customer choices in the selection of training services, and ensures accountability in the use of the taxpayer funds.\n </quote>\n .\n </text>\n </section>\n <section id=\"HAFA21615BDCF473DB5410274DFA0D51A\">\n <enum>\n 103.\n </enum>\n <header>\n State workforce investment boards\n </header>\n <text display-inline=\"no-display-inline\">\n Section 111 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2821\">\n 29 U.S.C. 2821\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H8D36DA4D48A84A30BB44533E84D2F228\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (b)—\n </text>\n <subparagraph id=\"H298D87C38DCA44818C305F461DBBDB6B\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (1)—\n </text>\n <clause id=\"H19ABC65A354F48C5B6A421FFBC01E58F\">\n <enum>\n (i)\n </enum>\n <text>\n by striking subparagraph (B);\n </text>\n </clause>\n <clause id=\"HDC48AFE43FBB4F9C9C901D03117EE4D5\">\n <enum>\n (ii)\n </enum>\n <text>\n by redesignating subparagraph (C) as subparagraph (B); and\n </text>\n </clause>\n <clause id=\"H05852628EF1D4775B482B6D38E377252\">\n <enum>\n (iii)\n </enum>\n <text>\n in subparagraph (B) (as so redesignated)—\n </text>\n <subclause id=\"H62E1AD560F8C40D4811637A8610969DB\">\n <enum>\n (I)\n </enum>\n <text>\n by amending clause (i)(I), by striking\n <quote>\n section 117(b)(2)(A)(i)\n </quote>\n and inserting\n <quote>\n section 117(b)(2)(A)\n </quote>\n ;\n </text>\n </subclause>\n <subclause id=\"HD3A93C70CC0D4951A4A14C2494CCE487\">\n <enum>\n (II)\n </enum>\n <text>\n by amending clause (i)(II) to read as follows:\n </text>\n <quoted-block id=\"H9C909EC2891C4F20B7B3FCE4756BD18D\" style=\"OLC\">\n <subclause id=\"H3EC76F06C4A84353B0D08366305956A6\">\n <enum>\n (II)\n </enum>\n <text>\n represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the State economy; and\n </text>\n </subclause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subclause>\n <subclause id=\"HDC5D9BB425A84E3F8CDB32523F77501B\">\n <enum>\n (III)\n </enum>\n <text>\n by striking clause (iii) and inserting the following:\n </text>\n <quoted-block id=\"HC4EA281B59824048BD563077D5C17C1D\" style=\"OLC\">\n <clause id=\"HBE43351D7D604BF9BCA80EC9E6C28DD4\">\n <enum>\n (iii)\n </enum>\n <text>\n a State agency official responsible for economic development; and\n </text>\n </clause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subclause>\n <subclause id=\"H499B15FA72B24CEAB916EB4857E06973\">\n <enum>\n (IV)\n </enum>\n <text>\n by striking clauses (iv) through (vi);\n </text>\n </subclause>\n <subclause id=\"HD304FF9003F54DFFBCA081A480EDEFA4\">\n <enum>\n (V)\n </enum>\n <text>\n by amending clause (vii) to read as follows:\n </text>\n <quoted-block id=\"HCA74D4726A854B01A803284DBBF36E63\" style=\"OLC\">\n <clause id=\"HA88D0D1935634FCC85669F4BC3D97A8F\">\n <enum>\n (vii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n such other representatives and State agency officials as the Governor may designate, including—\n </text>\n <subclause id=\"H1C349279E8264DC7AC8421378BF2EDBA\">\n <enum>\n (I)\n </enum>\n <text>\n members of the State legislature;\n </text>\n </subclause>\n <subclause id=\"H0B1D231DEB314880A6BB9A60AA2149A3\">\n <enum>\n (II)\n </enum>\n <text>\n representatives of individuals and organizations that have experience with respect to youth activities;\n </text>\n </subclause>\n <subclause id=\"H5495C941F1F84566B7595DB1CB2D8391\">\n <enum>\n (III)\n </enum>\n <text>\n representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community-based organizations within the State;\n </text>\n </subclause>\n <subclause id=\"H5D53F597D7B44F58A815E529EB1FA0C4\">\n <enum>\n (IV)\n </enum>\n <text>\n representatives of the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners; or\n </text>\n </subclause>\n <subclause id=\"H0751B754E53A43838645439540C1EB2A\">\n <enum>\n (V)\n </enum>\n <text>\n representatives of veterans service organizations.\n </text>\n </subclause>\n </clause>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </subclause>\n <subclause id=\"H5AA0BF514F034F61A7D4FB9528A8225B\">\n <enum>\n (VI)\n </enum>\n <text>\n by redesignating clause (vii) (as so amended) as clause (iv); and\n </text>\n </subclause>\n </clause>\n </subparagraph>\n <subparagraph id=\"HC78F4BE2EE384F74A2F65AAB12707840\">\n <enum>\n (B)\n </enum>\n <text>\n by amending paragraph (3) to read as follows:\n </text>\n <quoted-block id=\"H52D16D1EDAC3451FBFF508253357DCD0\" style=\"OLC\">\n <paragraph id=\"H7DAAB64CCB0E4F3C8610EC3AAD768A7C\">\n <enum>\n (3)\n </enum>\n <header>\n Majority\n </header>\n <text>\n A\n <fraction>\n 2/3\n </fraction>\n majority of the members of the board shall be representatives described in paragraph (1)(B)(i).\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HD0893D35FDC44C1F9EAECB252E65C4F0\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (c), by striking\n <quote>\n (b)(1)(C)(i)\n </quote>\n and inserting\n <quote>\n (b)(1)(B)(i)\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HFC02C9383FD14BA384E06636F56A24A7\">\n <enum>\n (3)\n </enum>\n <text>\n by amending subsection (d) to read as follows:\n </text>\n <quoted-block id=\"HF320C77ED10B48F3B46A4830C182C63F\" style=\"OLC\">\n <subsection id=\"HE3BB5CFFF670411B9DA06A5D2370B2CD\">\n <enum>\n (d)\n </enum>\n <header>\n Functions\n </header>\n <text>\n The State board shall assist the Governor of the State as follows:\n </text>\n <paragraph id=\"H73795C6722474D32BA676BCA1E93A1B2\">\n <enum>\n (1)\n </enum>\n <header>\n State plan\n </header>\n <text>\n Consistent with section 112, develop a State plan.\n </text>\n </paragraph>\n <paragraph id=\"H0DFFC56E6D8D43D5AAAAF4AE40150C19\">\n <enum>\n (2)\n </enum>\n <header>\n Statewide workforce development system\n </header>\n <text>\n Review and develop statewide policies and programs in the State in a manner that supports a comprehensive Statewide workforce development system that will result in meeting the workforce needs of the State and its local areas. Such review shall include determining whether the State should consolidate additional programs into the Workforce Investment Fund in accordance with section 501(e).\n </text>\n </paragraph>\n <paragraph id=\"H1FB8B89E20CF47E5AF4F742778940DC0\">\n <enum>\n (3)\n </enum>\n <header>\n Workforce and labor market information system\n </header>\n <text>\n Develop a statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act, which may include using existing information conducted by the State economic development entity or related entity in developing such system.\n </text>\n </paragraph>\n <paragraph id=\"H96ADC50AE2884919B0B4E8C656F34B90\">\n <enum>\n (4)\n </enum>\n <header>\n Employer engagement\n </header>\n <text>\n Develop strategies across local areas that meet the needs of employers and support economic growth in the State by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers.\n </text>\n </paragraph>\n <paragraph id=\"H2EFC2703B2C846719CAB6BC86A28DC31\">\n <enum>\n (5)\n </enum>\n <header>\n Designation of local areas\n </header>\n <text>\n Designate local areas as required under section 116.\n </text>\n </paragraph>\n <paragraph id=\"H1F62946F81F64FDFAC33A85620CBF4B3\">\n <enum>\n (6)\n </enum>\n <header>\n One-stop delivery system\n </header>\n <text>\n Identify and disseminate information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies.\n </text>\n </paragraph>\n <paragraph id=\"H08C2CADDF0FB48C49082228DA13BCBD7\">\n <enum>\n (7)\n </enum>\n <header>\n Program oversight\n </header>\n <text>\n Conduct the following program oversight:\n </text>\n <subparagraph id=\"H345F63A90F4A4AB7B99FDAA4166E5F6E\">\n <enum>\n (A)\n </enum>\n <text>\n Reviewing and approving local plans under section 118.\n </text>\n </subparagraph>\n <subparagraph id=\"HD24C03857BED4FB6BCFACA9565A6057E\">\n <enum>\n (B)\n </enum>\n <text>\n Ensuring the appropriate use and management of the funds provided for State employment and training activities authorized under section 134.\n </text>\n </subparagraph>\n <subparagraph id=\"H6FF5A6ECBBCD4ED6A98B56FE40A97506\">\n <enum>\n (C)\n </enum>\n <text>\n Preparing an annual report to the Secretary described in section 136(d).\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HA38EEAE0C1354202B74BD677B85B0A81\">\n <enum>\n (8)\n </enum>\n <header>\n Development of performance measures\n </header>\n <text>\n Develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, as described under section 136(b).\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H7EBBB5943CE54D2C9B8ED27FE3269017\">\n <enum>\n (4)\n </enum>\n <text>\n by striking subsection (e) and redesignating subsection (f) as subsection (e);\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"H62174720A08342BAB6178B9201B40CEC\">\n <enum>\n (5)\n </enum>\n <text>\n in subsection (e) (as so redesignated), by inserting\n <quote>\n or participate in any action taken\n </quote>\n after\n <quote>\n vote\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H33F6B83C3B954E82A216F104641D5FEB\">\n <enum>\n (6)\n </enum>\n <text>\n by inserting after subsection (e) (as so redesignated), the following:\n </text>\n <quoted-block id=\"H118D4E3238364C9A956C63BE8D9D1B31\" style=\"OLC\">\n <subsection id=\"H1D44166540FD451CBE888F8AE26BF073\">\n <enum>\n (f)\n </enum>\n <header>\n Staff\n </header>\n <text>\n The State board may employ staff to assist in carrying out the functions described in subsection (d).\n </text>\n </subsection>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HD8A9D6C19EE34816A1D4CBEF904D6FDB\">\n <enum>\n (7)\n </enum>\n <text>\n in subsection (g), by inserting\n <quote>\n electronic means and\n </quote>\n after\n <quote>\n on a regular basis through\n </quote>\n .\n </text>\n </paragraph>\n </section>\n <section id=\"H774192002AA6447BA53597FDA3B9F553\">\n <enum>\n 104.\n </enum>\n <header>\n State plan\n </header>\n <text display-inline=\"no-display-inline\">\n Section 112 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2822\">\n 29 U.S.C. 2822\n </external-xref>\n )—\n </text>\n <paragraph id=\"H74C6E727E6A8405AA7BDC6668466059E\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (a)—\n </text>\n <subparagraph id=\"H7C4B50EFDE06461F9705BE5DF039983E\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n 127 or\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H1205E6CD997848929A27AD08175D95CF\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n 5-year strategy\n </quote>\n and inserting\n <quote>\n 3-year strategy\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H743D33D24F74411391490A066412D2BD\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (b)—\n </text>\n <subparagraph id=\"H85A1A3D84FE0419A8009A3E4C6F07451\">\n <enum>\n (A)\n </enum>\n <text>\n by amending paragraph (4) to read as follows:\n </text>\n <quoted-block id=\"H580015FCDAC14534B76CC30E82B58EA9\" style=\"OLC\">\n <paragraph id=\"HC95A53E8EBDF4AB1AE475F90AA1E3828\">\n <enum>\n (4)\n </enum>\n <text>\n information describing—\n </text>\n <subparagraph id=\"H2B14643ED95644B0BB5AAD35B9A77ACC\">\n <enum>\n (A)\n </enum>\n <text>\n the economic conditions in the State;\n </text>\n </subparagraph>\n <subparagraph id=\"H8A525FD86A994CFFBA60CA05AFE682EC\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy;\n </text>\n </subparagraph>\n <subparagraph id=\"H3777A6FADB95458787364574E09A9B8F\">\n <enum>\n (C)\n </enum>\n <text>\n the knowledge and skills of the workforce in the State; and\n </text>\n </subparagraph>\n <subparagraph id=\"H7587847C78B14ABD9D2645C166A8181F\">\n <enum>\n (D)\n </enum>\n <text>\n workforce development activities (including education and training) in the State;\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"HD3A4E1AF3FBB42DFBC6A495E2BC64E84\">\n <enum>\n (B)\n </enum>\n <text>\n by amending paragraph (7) to read as follows:\n </text>\n <quoted-block id=\"HD5EE5535570F4765A78F184ED1EB3AAF\" style=\"OLC\">\n <paragraph id=\"H11959238AAEC48F58ACF0D82621DB292\">\n <enum>\n (7)\n </enum>\n <text>\n a description of the State criteria for determining the eligibility of training providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training programs relate to occupations that are in-demand;\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H491F413330724393BFCD6810EE1E50D5\">\n <enum>\n (C)\n </enum>\n <text>\n by amending paragraph (8) to read as follows:\n </text>\n <quoted-block id=\"H8429DBA434764C479F897A9D41312268\" style=\"OLC\">\n <paragraph id=\"HE90E6DCD0DE14DC49430FD9CEF765C90\">\n <enum>\n (8)\n </enum>\n <subparagraph commented=\"no\" display-inline=\"yes-display-inline\" id=\"HBFA1E609AF27402C8CA52D17C718DABE\">\n <enum>\n (A)\n </enum>\n <text>\n a description of the procedures that will be taken by the State to assure coordination of, and avoid duplication among, the programs and activities identified under section 501(b)(2); and\n </text>\n </subparagraph>\n <subparagraph id=\"H64303EE3D03848BA96162BF1658D2471\" indent=\"up1\">\n <enum>\n (B)\n </enum>\n <text>\n a description of common data collection and reporting processes used for the programs and activities described in subparagraph (A), which are carried out by one-stop partners, including—\n </text>\n <clause id=\"HCAAD274AA4F94575882A82D9E537C127\">\n <enum>\n (i)\n </enum>\n <text>\n assurances that such processes use quarterly wage records for performance measures described in section 136(b)(2)(A) that are applicable to such programs or activities; or\n </text>\n </clause>\n <clause id=\"HCDEFD67BE99F4A88AA8A87760C8BB3C0\">\n <enum>\n (ii)\n </enum>\n <text>\n if such wage records are not being used for the performance measures, an identification of the barriers to using such wage records and a description of how the State will address such barriers within one year of the approval of the plan;\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H99F88F27D1E34F0FB032042CD7E4C73B\">\n <enum>\n (D)\n </enum>\n <text>\n in paragraph (9), by striking\n <quote>\n , including comment by representatives of businesses and representatives of labor organizations,\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"HF2EB6A5E4ED94F50BE7B0B5A1B4A908D\">\n <enum>\n (E)\n </enum>\n <text>\n in paragraph (11), by striking\n <quote>\n under sections 127 and 132\n </quote>\n and inserting\n <quote>\n under section 132\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"HEC7074790CEB42FB979741977CF2252F\">\n <enum>\n (F)\n </enum>\n <text>\n by striking paragraph (12);\n </text>\n </subparagraph>\n <subparagraph id=\"HE71E07B277874003BB192E682F44E580\">\n <enum>\n (G)\n </enum>\n <text>\n by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively;\n </text>\n </subparagraph>\n <subparagraph id=\"H1B5F02729959408382521A53A0A0C242\">\n <enum>\n (H)\n </enum>\n <text>\n in paragraph (12) (as so redesignated), by striking\n <quote>\n 111(f)\n </quote>\n and inserting\n <quote>\n 111(e)\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H1C030C1EB90A43AE8BE8C7E96EA10EC0\">\n <enum>\n (I)\n </enum>\n <text>\n in paragraph (13) (as so redesignated), by striking\n <quote>\n 134(c)\n </quote>\n and inserting\n <quote>\n 121(e)\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"HFA007079C45743699F9232759FA06BBB\">\n <enum>\n (J)\n </enum>\n <text>\n in paragraph (14) (as so redesignated), by striking\n <quote>\n 116(a)(5)\n </quote>\n and inserting\n <quote>\n 116(a)(4)\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H07C70953E9DC45CB949762E14A53D5E2\">\n <enum>\n (K)\n </enum>\n <text>\n in paragraph (16) (as so redesignated)—\n </text>\n <clause id=\"HE194CF03B1DA4A47B6ECCD1F5BBE6CDC\">\n <enum>\n (i)\n </enum>\n <text>\n in subparagraph (A)—\n </text>\n <subclause id=\"H93A733EC7417402CAE445AE63DD6A1D8\">\n <enum>\n (I)\n </enum>\n <text>\n in clause (ii), by striking\n <quote>\n to dislocated workers\n </quote>\n ;\n </text>\n </subclause>\n <subclause id=\"H7903AC826FA34F23B9000EBDCFCA50D4\">\n <enum>\n (II)\n </enum>\n <text>\n in clause (iii), by striking\n <quote>\n 134(d)(4)\n </quote>\n and inserting\n <quote>\n 134(c)(4)\n </quote>\n ;\n </text>\n </subclause>\n <subclause id=\"HB46B9DA0E6AE496BAF7DC0005DC5A390\">\n <enum>\n (III)\n </enum>\n <text>\n by striking\n <quote>\n and\n </quote>\n at the end of clause (iii);\n </text>\n </subclause>\n <subclause id=\"H92E9AE55546545358DDDDADD0D38A68E\">\n <enum>\n (IV)\n </enum>\n <text>\n by amending clause (iv) to read as follows:\n </text>\n <quoted-block id=\"HB0C0749432744061AF4C00A661B3C960\" style=\"OLC\">\n <clause id=\"H50B1E018E04247C19B38AAC36DD0B464\">\n <enum>\n (iv)\n </enum>\n <text display-inline=\"yes-display-inline\">\n how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/7/2011\">\n 7 U.S.C. 2011 et seq.\n </external-xref>\n )), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled and homeless veterans), and Native Americans; and\n </text>\n </clause>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </subclause>\n <subclause id=\"H074269EDB4214A6FB00B2ED5963AA04D\">\n <enum>\n (V)\n </enum>\n <text>\n by adding at the end the following new clause:\n </text>\n <quoted-block id=\"H59D95C659D294B198EF00477DDEB2916\" style=\"OLC\">\n <clause id=\"H690756B6AF8E428BB30C40E91C7C7983\">\n <enum>\n (v)\n </enum>\n <text>\n how the State will—\n </text>\n <subclause id=\"H9891242169AE420A864A98D2E096B5FA\">\n <enum>\n (I)\n </enum>\n <text>\n consistent with section 188 and Executive Order 13217 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/12131\">\n 42 U.S.C. 12131\n </external-xref>\n note), serve the employment and training needs of individuals with disabilities; and\n </text>\n </subclause>\n <subclause id=\"HF72158301A03444386135D0F3E2F5DAD\">\n <enum>\n (II)\n </enum>\n <text>\n consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle;\n </text>\n </subclause>\n </clause>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </subclause>\n </clause>\n <clause id=\"H5436AE33C97C44C99D340242773F686B\">\n <enum>\n (ii)\n </enum>\n <text>\n in subparagraph (B), by striking\n <quote>\n to the extent practicable\n </quote>\n and inserting\n <quote>\n in accordance with the requirements of the Jobs for Veterans Act (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/107/288\">\n Public Law 107–288\n </external-xref>\n ) and the amendments made by such Act\n </quote>\n ; and\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HDFC18CD9EFEE47D4BC95501E43D0D0A7\">\n <enum>\n (L)\n </enum>\n <text>\n by striking paragraph (17) (as so redesignated) and inserting the following:\n </text>\n <quoted-block id=\"HC0532C527DF146588A701EB6B9108620\" style=\"OLC\">\n <paragraph display-inline=\"no-display-inline\" id=\"H9F9799D7C196465C9B58A0656EABF4E4\">\n <enum>\n (17)\n </enum>\n <text>\n a description of the strategies and services that will be used in the State—\n </text>\n <subparagraph id=\"HB6492BBD8E314CD8B3A622ACB068C4BB\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the State economy;\n </text>\n </subparagraph>\n <subparagraph id=\"H659A6CFEB86C41C6AEA2DFA5C7724DC0\">\n <enum>\n (B)\n </enum>\n <text>\n to meet the needs of employers in the State; and\n </text>\n </subparagraph>\n <subparagraph id=\"H6CD03CBFFAC34EE7A6215AAFF9C6FB14\">\n <enum>\n (C)\n </enum>\n <text>\n to better coordinate workforce development programs with economic development activities;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H65050E6D4B474474A7CB78FA698F119F\">\n <enum>\n (18)\n </enum>\n <text>\n a description of how the State board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster—\n </text>\n <subparagraph id=\"HF74A2F199F774B1ABE3387AB89B13FA5\">\n <enum>\n (A)\n </enum>\n <text>\n to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters;\n </text>\n </subparagraph>\n <subparagraph id=\"H142974AA1C9F4212AA886ACAEAC4D634\">\n <enum>\n (B)\n </enum>\n <text>\n to address the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the State economy, and\n </text>\n </subparagraph>\n <subparagraph id=\"H7E92D89669A14190882798B9DF245660\">\n <enum>\n (C)\n </enum>\n <text>\n to address critical skill gaps within and across industries;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HBD7115A2F76C4F83A211356BB153C70D\">\n <enum>\n (19)\n </enum>\n <text>\n a description of how the State will utilize technology to facilitate access to services in remote areas, which may be used throughout the State;\n </text>\n </paragraph>\n <paragraph id=\"HA1DF3CD918DE4413AF9A848DFCAD24DC\">\n <enum>\n (20)\n </enum>\n <text>\n a description of the State strategy and assistance to be provided for encouraging regional cooperation within the State and across State borders, as appropriate;\n </text>\n </paragraph>\n <paragraph id=\"HC1FB99982F8B43F2B7B5D6607BB233D5\">\n <enum>\n (21)\n </enum>\n <text>\n a description of the actions that will be taken by the State to foster communication, coordination, and partnerships with non-profit organizations (including public libraries, community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, to enhance the quality and comprehensiveness of services available to participants under this title;\n </text>\n </paragraph>\n <paragraph id=\"HAD4155A427E640B78ABDD91BB04F0C57\">\n <enum>\n (22)\n </enum>\n <text>\n a description of the process and methodology for determining—\n </text>\n <subparagraph id=\"H324A3F5F01C04EA49297B1DDC42A0B49\">\n <enum>\n (A)\n </enum>\n <text>\n one-stop partner program contributions for the cost of the infrastructure of one-stop centers under section 121(h)(1); and\n </text>\n </subparagraph>\n <subparagraph id=\"HE4598421037F4277BB8E18518B1DB3AE\">\n <enum>\n (B)\n </enum>\n <text>\n the formula for allocating such infrastructure funds to local areas under section 121(h)(3);\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H9D566565AB944D3CB2EE39EBB9661FCF\">\n <enum>\n (23)\n </enum>\n <text display-inline=\"yes-display-inline\">\n a description of the strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including—\n </text>\n <subparagraph id=\"HB7843FBBA1054126995BBCCF6113F76A\">\n <enum>\n (A)\n </enum>\n <text>\n training and internships in in-demand industries or occupations important to the State and local economy;\n </text>\n </subparagraph>\n <subparagraph id=\"H7E1547A54ED64591AB11AAB68399E012\">\n <enum>\n (B)\n </enum>\n <text>\n dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and\n </text>\n </subparagraph>\n <subparagraph id=\"H2AF480B8FA824EDDADAAC5061B1BF602\">\n <enum>\n (C)\n </enum>\n <text>\n activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H1396E148303E4357A0E0BA8EE5A5BAAB\">\n <enum>\n (24)\n </enum>\n <text>\n a description of—\n </text>\n <subparagraph id=\"H791E76AA3F1945F2896B211979E53DF3\">\n <enum>\n (A)\n </enum>\n <text>\n how the State will furnish employment, training, supportive, and placement services to veterans, including disabled and homeless veterans;\n </text>\n </subparagraph>\n <subparagraph id=\"H401429EF461D42058629EE7981BAC83C\">\n <enum>\n (B)\n </enum>\n <text>\n the strategies and services that will be used in the State to assist and expedite reintegration of homeless veterans into the labor force; and\n </text>\n </subparagraph>\n <subparagraph id=\"HBD41C6356CCF4ABDA0628B34241AA367\">\n <enum>\n (C)\n </enum>\n <text>\n the veteran population to be served in the State.\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H10E725EE4FA24E32904D9D11B046B12F\">\n <enum>\n (3)\n </enum>\n <text>\n in subsection (c), by striking\n <quote>\n period, that—\n </quote>\n all that follows through paragraph (2) and inserting\n <quote>\n period, that the plan is inconsistent with the provisions of this title.\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HF7D5FD55328C4DD9AE918728E6D75B9F\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in subsection (d), by striking\n <quote>\n 5-year\n </quote>\n and inserting\n <quote>\n 3-year\n </quote>\n .\n </text>\n </paragraph>\n </section>\n <section id=\"H0102B23F2F8942FFAE250B72136A3E13\">\n <enum>\n 105.\n </enum>\n <header>\n Local workforce investment areas\n </header>\n <text display-inline=\"no-display-inline\">\n Section 116 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2831\">\n 29 U.S.C. 2831\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H38D43F4D900242ED8DEB26607CF68E94\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (a)—\n </text>\n <subparagraph id=\"HA7BCA7A6848A46CBA014E4280C2A814D\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (1)—\n </text>\n <clause id=\"H39CFE84C31A8432B863175AEDBEA5D79\">\n <enum>\n (i)\n </enum>\n <text>\n in subparagraph (A)—\n </text>\n <subclause id=\"HD24D5DDD793A4725BB9FCD0CB8F6EAD1\">\n <enum>\n (I)\n </enum>\n <text>\n by striking\n <quote>\n Except as provided in subsection (b), and consistent with paragraphs (2), (3), and (4), in\n </quote>\n and inserting\n <quote>\n In\n </quote>\n ; and\n </text>\n </subclause>\n <subclause id=\"H12632EA496DE4ECA9AEC4DA6BA3B5823\">\n <enum>\n (II)\n </enum>\n <text>\n by striking\n <quote>\n 127 or\n </quote>\n ; and\n </text>\n </subclause>\n </clause>\n <clause id=\"HFE9290EB80AE4D989624BC2A9A95C384\">\n <enum>\n (ii)\n </enum>\n <text>\n by amending subparagraph (B) to read as follows:\n </text>\n <quoted-block id=\"H7A2E38EB0B414A0AAC1B5EF49FF989B3\" style=\"OLC\">\n <subparagraph id=\"H4D4EAB5E3EAA41EF8F146B4CEB6EA79F\">\n <enum>\n (B)\n </enum>\n <header>\n Considerations\n </header>\n <text>\n In making the designation of local areas, the Governor shall take into consideration the following:\n </text>\n <clause id=\"H64726323F8CB45E2B5124883941B9276\">\n <enum>\n (i)\n </enum>\n <text>\n The extent to which such local areas are consistent with labor market areas.\n </text>\n </clause>\n <clause id=\"H65951EB2285A458F87F774928265C82E\">\n <enum>\n (ii)\n </enum>\n <text>\n The extent to which labor market areas align with economic development regions.\n </text>\n </clause>\n <clause id=\"HAC5AF08D8D174DCFAE6930F96F240AC9\">\n <enum>\n (iii)\n </enum>\n <text>\n Whether such local areas have the appropriate education and training providers to meet the needs of the local workforce.\n </text>\n </clause>\n <clause id=\"H4734701FD2D741EF82F9993A7DEFC4F9\">\n <enum>\n (iv)\n </enum>\n <text>\n The distance that individuals will need to travel to receive services provided in such local areas.\n </text>\n </clause>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </clause>\n </subparagraph>\n <subparagraph id=\"H32C7A604078E4AFF917E143509A4B9FE\">\n <enum>\n (B)\n </enum>\n <text>\n by amending paragraph (2) to read as follows:\n </text>\n <quoted-block id=\"H70AEFB01812C4CC1B93415716ADBE3C9\" style=\"OLC\">\n <paragraph id=\"HE40C5BED17B14010AE79C25B3FB72F2A\">\n <enum>\n (2)\n </enum>\n <header>\n Technical assistance\n </header>\n <text>\n The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1).\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H063413916E004976B81D0F6088559E21\">\n <enum>\n (C)\n </enum>\n <text>\n by striking paragraph (3) and inserting the following:\n </text>\n <quoted-block id=\"H700778ECDA684E5FB20B75E6DD9CFBC9\" style=\"OLC\">\n <paragraph id=\"H6FA0055314DC4C6784EF511809E5B61E\">\n <enum>\n (3)\n </enum>\n <header>\n Designation on recommendation of state board\n </header>\n <text>\n The Governor may approve a request from any unit of general local government (including a combination of such units) for designation as a local area under paragraph (1) if the State board determines, taking into account the factors described in clauses (i) through (iv) of paragraph (1)(B), and recommends to the Governor, that such area shall be so designated.\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"HDB3E72CADE6B48279BAF3EF2BDD7D1E3\">\n <enum>\n (D)\n </enum>\n <text>\n by striking paragraph (4); and\n </text>\n </subparagraph>\n <subparagraph id=\"H92D948C9743B4520A889A25E07B2A4A7\">\n <enum>\n (E)\n </enum>\n <text>\n by redesignating paragraph (5) as paragraph (4);\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H56891640B44B4D22B7BB471EB7D98A55\">\n <enum>\n (2)\n </enum>\n <text>\n by amending subsection (b) to read as follows:\n </text>\n <quoted-block id=\"HC69E64FAE0264CE9BC9F4CEA9FA01FBF\" style=\"OLC\">\n <subsection id=\"H070ABFAF4EE943C585F95E035A618241\">\n <enum>\n (b)\n </enum>\n <header>\n Single states\n </header>\n <text>\n Consistent with subsection (a)(1)(B), the Governor may designate a State as a single State local area for the purposes of this title.\n </text>\n </subsection>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HAD6B989F391B4192B1B148D6D9434C03\">\n <enum>\n (3)\n </enum>\n <text>\n in subsection (c)—\n </text>\n <subparagraph id=\"HD3829D40C64C4FA7A6CC2CB0B1CC47E3\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (1), by adding at the end the following:\n <quote>\n The State may require the local boards for the designated region to prepare a single regional plan that incorporates the elements of the local plan under section 118 and that is submitted and approved in lieu of separate local plans under such section.\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HAC14BFD5CB1C4979995E3D7D5D47DE3E\">\n <enum>\n (B)\n </enum>\n <text>\n in paragraph (2), by striking\n <quote>\n employment statistics\n </quote>\n and inserting\n <quote>\n workforce and labor market information\n </quote>\n .\n </text>\n </subparagraph>\n </paragraph>\n </section>\n <section id=\"HB323179DE8FE45B98EA6018C371443CA\">\n <enum>\n 106.\n </enum>\n <header>\n Local workforce investment boards\n </header>\n <text display-inline=\"no-display-inline\">\n Section 117 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2832\">\n 29 U.S.C. 2832\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H2DA957803B3742E59C43E91E8021052D\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in subsection (b)—\n </text>\n <subparagraph id=\"H2E16ECD2CDC24CEDBE879288A5DD5E48\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in paragraph (2)—\n </text>\n <clause id=\"H5A6F1117B81B46FC91B7B98392A9BB44\">\n <enum>\n (i)\n </enum>\n <text>\n in subparagraph (A)—\n </text>\n <subclause id=\"H44CB3BD97DEA40A980B84BBDFE63E3A2\">\n <enum>\n (I)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking\n <quote>\n include—\n </quote>\n and all that follows through\n <quote>\n representatives\n </quote>\n and inserting\n <quote>\n include representatives\n </quote>\n ;\n </text>\n </subclause>\n <subclause id=\"H3AF3A6195D2B4BE6B57A0D76A0411F07\">\n <enum>\n (II)\n </enum>\n <text>\n by striking clauses (ii) through (vi);\n </text>\n </subclause>\n <subclause id=\"HE972F0AA26F9447A8B10BBEAF3EB3F38\">\n <enum>\n (III)\n </enum>\n <text>\n by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively (and by moving the margins of such clauses 2 ems to the left);\n </text>\n </subclause>\n <subclause id=\"HA3A200D95D7B41F79BD6B3B2E8682279\">\n <enum>\n (IV)\n </enum>\n <text>\n by striking clause (ii) (as so redesignated) and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H44234B9543474618939D845FF0908FF3\" style=\"OLC\">\n <clause id=\"HA64AA172E28E477890D57DFB004293B6\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the local economy; and\n </text>\n </clause>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </subclause>\n <subclause id=\"HEC9039EE5A5842E4B2327514FDEA8701\">\n <enum>\n (V)\n </enum>\n <text>\n by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting\n <quote>\n ; and\n </quote>\n ; and\n </text>\n </subclause>\n </clause>\n <clause id=\"HC8CFB30F343B4992B35524D0601F3B75\">\n <enum>\n (ii)\n </enum>\n <text>\n by amending subparagraph (B) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H054B80535F4D408F89B721A28936911D\" style=\"OLC\">\n <subparagraph id=\"HADD2393D68034B76BC9E79C0DCE52C04\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate, including—\n </text>\n <clause id=\"H2FEE6A78BAA042548FD3D710BC3310AD\">\n <enum>\n (i)\n </enum>\n <text>\n a superintendent of the local secondary school system, the president or chief executive officer of a postsecondary educational institution (including a community college, where such an entity exists), or an administrator of local entities providing adult education and literacy activities;\n </text>\n </clause>\n <clause id=\"H5D974369A725438AAFA3B6768D63D75D\">\n <enum>\n (ii)\n </enum>\n <text>\n representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); or\n </text>\n </clause>\n <clause id=\"HC1A82BFD6FCC4EBB9FA49DE6D4D1026C\">\n <enum>\n (iii)\n </enum>\n <text>\n representatives of veterans service organizations.\n </text>\n </clause>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </clause>\n </subparagraph>\n <subparagraph id=\"H6095DF168AFF4777A53EA10425781C2C\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in paragraph (4)—\n </text>\n <clause id=\"H2CBD0684EF994130A01A769EA64A0591\">\n <enum>\n (i)\n </enum>\n <text>\n by striking\n <quote>\n A majority\n </quote>\n and inserting\n <quote>\n A\n <fraction>\n 2/3\n </fraction>\n majority\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"HFF2C239FF2234519ACD210AFE8A4B6A9\">\n <enum>\n (ii)\n </enum>\n <text>\n by striking\n <quote>\n (2)(A)(i)\n </quote>\n and inserting\n <quote>\n (2)(A)\n </quote>\n ; and\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H1EE5C72E94B448EDBA29BF5BFBEB87FD\">\n <enum>\n (C)\n </enum>\n <text>\n in paragraph (5) by striking\n <quote>\n (2)(A)(i)\n </quote>\n and inserting\n <quote>\n (2)(A)\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HF46B6AE78D634F96B320CD570AE44C3D\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking subsection (c)(1)(C);\n </text>\n </paragraph>\n <paragraph id=\"HBD8BEA8A7629470599FA0CF320C2F86E\">\n <enum>\n (3)\n </enum>\n <text>\n by amending subsection (d) to read as follows:\n </text>\n <quoted-block id=\"HB4B81129788B46D78BB47ED0A4A2FB53\" style=\"OLC\">\n <subsection id=\"H719BCF78935B4383A897789D96E591DE\">\n <enum>\n (d)\n </enum>\n <header>\n Functions of local board\n </header>\n <text>\n The functions of the local board shall include the following:\n </text>\n <paragraph id=\"HFADA8DB2255440E9B2D98163A7FD9E78\">\n <enum>\n (1)\n </enum>\n <header>\n Local plan\n </header>\n <text>\n Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor.\n </text>\n </paragraph>\n <paragraph id=\"HD20B9B0C93494CB3AE9E87A2B9E2A8B7\">\n <enum>\n (2)\n </enum>\n <header>\n Workforce research and regional labor market analysis\n </header>\n <subparagraph id=\"HEF2F740D8581406FA6AC63CC511A213D\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text>\n The local board shall—\n </text>\n <clause id=\"H402FBABAE79B47F1B65C826440629829\">\n <enum>\n (i)\n </enum>\n <text>\n conduct, and regularly update, an analysis of—\n </text>\n <subclause id=\"H32FE08122C68453F8E74716F2EF8A6E8\">\n <enum>\n (I)\n </enum>\n <text>\n the economic conditions in the local area;\n </text>\n </subclause>\n <subclause id=\"HB2DBDF985CB54FAB92EF3C0E86B3485D\">\n <enum>\n (II)\n </enum>\n <text>\n the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy;\n </text>\n </subclause>\n <subclause id=\"H4CEBDA42DC06427FB7CA40CDDF33A9A1\">\n <enum>\n (III)\n </enum>\n <text>\n the knowledge and skills of the workforce in the local area; and\n </text>\n </subclause>\n <subclause id=\"H33BB027A56D3413F815F901929BBCCEE\">\n <enum>\n (IV)\n </enum>\n <text>\n workforce development activities (including education and training) in the local area; and\n </text>\n </subclause>\n </clause>\n <clause id=\"HBE1325AA4AC347B783CDDEF6611E9102\">\n <enum>\n (ii)\n </enum>\n <text>\n assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act.\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HBFC63D19403B4D9CB3EE9634D82B3445\">\n <enum>\n (B)\n </enum>\n <header>\n Existing analysis\n </header>\n <text>\n A local board shall use existing analysis by the local economic development entity or related entity in order to carry out requirements of subparagraph (A)(i).\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HA72A1A4B369D410BA2739EAAE4A7AB95\">\n <enum>\n (3)\n </enum>\n <header>\n Employer engagement\n </header>\n <text>\n The local Board shall meet the needs of employers and support economic growth in the local area by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers.\n </text>\n </paragraph>\n <paragraph id=\"H889F24AC07694675A06F404CD77CFE7C\">\n <enum>\n (4)\n </enum>\n <header>\n Budget and administration\n </header>\n <subparagraph id=\"H95EF0181C8ED4261A2B03793359DD855\">\n <enum>\n (A)\n </enum>\n <header>\n Budget\n </header>\n <clause id=\"H046538DAE7824A82B43B208ABD872847\">\n <enum>\n (i)\n </enum>\n <header>\n In general\n </header>\n <text>\n The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection.\n </text>\n </clause>\n <clause id=\"HE45879E11EC34A5E8BF80EF32B4A4663\">\n <enum>\n (ii)\n </enum>\n <header>\n Training reservation\n </header>\n <text>\n In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(c)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve under this clause.\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H72821378B1124EC68B65FA7A9E8CF752\">\n <enum>\n (B)\n </enum>\n <header>\n Administration\n </header>\n <clause id=\"HF8BFEE1409D44594B578DBF2542CCC5F\">\n <enum>\n (i)\n </enum>\n <header>\n Grant recipient\n </header>\n <subclause id=\"H5F2A415D7C0D43C7ABA523FD935B0FCE\">\n <enum>\n (I)\n </enum>\n <header>\n In general\n </header>\n <text>\n The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under section 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability.\n </text>\n </subclause>\n <subclause id=\"H4F8ECE222A4F46B7BCD8A161463E1177\">\n <enum>\n (II)\n </enum>\n <header>\n Designation\n </header>\n <text>\n In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I).\n </text>\n </subclause>\n <subclause id=\"HDABCDBA13DB54BCFB81A4E81DDFDF9BE\">\n <enum>\n (III)\n </enum>\n <header>\n Disbursal\n </header>\n <text>\n The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board.\n </text>\n </subclause>\n </clause>\n <clause id=\"HDEE7ED9609074821BC110B687927E1B5\">\n <enum>\n (ii)\n </enum>\n <header>\n Staff\n </header>\n <text>\n The local board may employ staff to assist in carrying out the functions described in this subsection.\n </text>\n </clause>\n <clause id=\"HDD507EEEA4FF49978967376A8981EA73\">\n <enum>\n (iii)\n </enum>\n <header>\n Grants and donations\n </header>\n <text>\n The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H2E444D44550E4C5BA746871533DDB441\">\n <enum>\n (5)\n </enum>\n <header>\n Selection of operators and providers\n </header>\n <subparagraph id=\"HC9952FCAD67E41708DE92E3B5FB74A32\">\n <enum>\n (A)\n </enum>\n <header>\n Selection of one-stop operators\n </header>\n <text>\n Consistent with section 121(d), the local board, with the agreement of the chief elected official—\n </text>\n <clause id=\"HE5CDC8D359054D74B5CEAAFC53AF197C\">\n <enum>\n (i)\n </enum>\n <text>\n shall designate or certify one-stop operators as described in section 121(d)(2)(A); and\n </text>\n </clause>\n <clause id=\"H1D7A0459FD96426B837B539C2EFAC31F\">\n <enum>\n (ii)\n </enum>\n <text>\n may terminate for cause the eligibility of such operators.\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H59E593EFFE6B4867896D61B5792E0CE5\">\n <enum>\n (B)\n </enum>\n <header>\n Identification of eligible training service providers\n </header>\n <text display-inline=\"yes-display-inline\">\n Consistent with this subtitle, the local board shall identify eligible providers of training services described in section 134(c)(4) in the local area, annually review the outcome of individual training providers using the criteria under section 122(b)(2), and designate providers in the local area who have demonstrated the highest level of success with respect to such indicators as priority providers for the following program year.\n </text>\n </subparagraph>\n <subparagraph id=\"HDEEF67F2364B4A10B1C6AAAD9AA8BB4E\">\n <enum>\n (C)\n </enum>\n <header>\n Identification of eligible providers of work ready services\n </header>\n <text>\n If the one-stop operator does not provide the services described in section 134(c)(2) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H99599D0CB4D04314A1AD57E705A6C8A9\">\n <enum>\n (6)\n </enum>\n <header>\n Program oversight\n </header>\n <text>\n The local board, in partnership with the chief elected official, shall be responsible for—\n </text>\n <subparagraph id=\"H6B4FEF1F7D984BF2BB09811C28EE3C7E\">\n <enum>\n (A)\n </enum>\n <text>\n ensuring the appropriate use and management of the funds provided for local employment and training activities authorized under section 134(b); and\n </text>\n </subparagraph>\n <subparagraph id=\"H81459220A3334BB0B9BDC3B5FC48801B\">\n <enum>\n (B)\n </enum>\n <text>\n conducting oversight of the one-stop delivery system in the local area authorized under section 121.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H3127D1EA54AB492896F2B076E06F2019\">\n <enum>\n (7)\n </enum>\n <header>\n Negotiation of local performance measures\n </header>\n <text>\n The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c).\n </text>\n </paragraph>\n <paragraph id=\"H2D8D7D6378DF47989A8FA3F4B7DE2EF6\">\n <enum>\n (8)\n </enum>\n <header>\n Technology improvements\n </header>\n <text>\n The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including in remote areas.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H7985A0CCD6CC4018849B506F69195559\">\n <enum>\n (4)\n </enum>\n <text>\n in subsection (e)—\n </text>\n <subparagraph id=\"H36EDE11E2EF74BC387D081EE2BB597C6\">\n <enum>\n (A)\n </enum>\n <text>\n by inserting\n <quote>\n electronic means and\n </quote>\n after\n <quote>\n regular basis through\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H9DAFB00F72BA42FABC1FF0621D53625A\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n and the award of grants or contracts to eligible providers of youth activities,\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HA5AE57A582204752B3E06237157AC55D\">\n <enum>\n (5)\n </enum>\n <text>\n in subsection (f)—\n </text>\n <subparagraph id=\"HF428A45F2FDB4205B47FA869D9CF5AD0\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (1)(A), by striking\n <quote>\n section 134(d)(4)\n </quote>\n and inserting\n <quote>\n section 134(c)(4)\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H6489399B81C147429156CE1CAA86BB8E\">\n <enum>\n (B)\n </enum>\n <text>\n by striking paragraph (2) and inserting the following:\n </text>\n <quoted-block id=\"HD96FCEB236AD4DA194DBE2801EDB7C6C\" style=\"OLC\">\n <paragraph id=\"H0D095A9474E548ABA8216F66BE8EBBA1\">\n <enum>\n (2)\n </enum>\n <header>\n Work ready services, designation, or certification as one-stop operators\n </header>\n <text>\n A local board may provide work ready services described in section 134(c)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor.\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H129CF0317507424CA9774D28168379B1\">\n <enum>\n (6)\n </enum>\n <text>\n in subsection (g)(1), by inserting\n <quote>\n or participate in any action taken\n </quote>\n after\n <quote>\n vote\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HFBE80C5C8FAD45798722AB246176030E\">\n <enum>\n (7)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking subsections (h) and (i).\n </text>\n </paragraph>\n </section>\n <section id=\"H791E219CF8C241AD80D83BD4059BFD1E\">\n <enum>\n 107.\n </enum>\n <header>\n Local plan\n </header>\n <text display-inline=\"no-display-inline\">\n Section 118 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2833\">\n 29 U.S.C. 2833\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H5D94483F7BA84E37B48BA4DB104285BC\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (a), by striking\n <quote>\n 5-year\n </quote>\n and inserting\n <quote>\n 3-year\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H50CA26D4CB0A418D803E9E418CDDF54A\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by amending subsection (b) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HBC102E7490EB4BCB96C092CB3B43EBA9\" style=\"OLC\">\n <subsection id=\"H7DA951679DB34D78A325B8F44943FAF3\">\n <enum>\n (b)\n </enum>\n <header>\n Contents\n </header>\n <text display-inline=\"yes-display-inline\">\n The local plan shall include—\n </text>\n <paragraph id=\"HF4D3E77F60BE42EE976C7D24E4506969\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n a description of the analysis of the local area's economic and workforce conditions conducted under section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle;\n </text>\n </paragraph>\n <paragraph id=\"H9C76B323D8D34EE8846D5BDDEE5A686E\">\n <enum>\n (2)\n </enum>\n <text>\n a description of the one-stop delivery system in the local area, including—\n </text>\n <subparagraph id=\"H88027E9F06284BFB9F25E16F653AED25\">\n <enum>\n (A)\n </enum>\n <text>\n a description of how the local board will ensure—\n </text>\n <clause id=\"H15BC8BABF84048DA86ECA7A0920D2684\">\n <enum>\n (i)\n </enum>\n <text>\n the continuous improvement of eligible providers of services through the system; and\n </text>\n </clause>\n <clause id=\"HC8716ECF398D443689C54D7EB2FD0F1C\">\n <enum>\n (ii)\n </enum>\n <text>\n that such providers meet the employment needs of local businesses and participants; and\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HD465EB07E9C54D9A8C51698D6D03AAE2\">\n <enum>\n (B)\n </enum>\n <text>\n a description of how the local board will facilitate access to services provided through the one-stop delivery system consistent with section 117(d)(8);\n </text>\n </subparagraph>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"HC6EDBACCED764866B819EB15FB40CE2E\">\n <enum>\n (3)\n </enum>\n <text>\n a description of the strategies and services that will be used in the local area—\n </text>\n <subparagraph id=\"H0D03BEBF2ED5447DACC3196F1F7A718D\">\n <enum>\n (A)\n </enum>\n <text>\n to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the local economy;\n </text>\n </subparagraph>\n <subparagraph id=\"H6BF354B3D8F44CACB8A63E73B5C77E04\">\n <enum>\n (B)\n </enum>\n <text>\n to meet the needs of employers in the local area;\n </text>\n </subparagraph>\n <subparagraph id=\"H31DC29EFA37D4447BAD83B28A2524F66\">\n <enum>\n (C)\n </enum>\n <text>\n to better coordinate workforce development programs with economic development activities; and\n </text>\n </subparagraph>\n <subparagraph id=\"H62B96A4FB2444EBE98FCD13495EE245E\">\n <enum>\n (D)\n </enum>\n <text>\n to better coordinate workforce development programs with employment, training, and literacy services carried out by nonprofit organizations, including public libraries, as appropriate;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H8BECA651270C49D18BA00B60D11D903D\">\n <enum>\n (4)\n </enum>\n <text>\n a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster—\n </text>\n <subparagraph id=\"HC6D31EE5B9D74D38B3B93784CCF44BEE\">\n <enum>\n (A)\n </enum>\n <text>\n to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters;\n </text>\n </subparagraph>\n <subparagraph id=\"HE26B98440FE5427B8CB31186EE5DF711\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the local economy; and\n </text>\n </subparagraph>\n <subparagraph id=\"H6CF6557E03864D8C85696A867CE707C5\">\n <enum>\n (C)\n </enum>\n <text>\n to address critical skill gaps within and across industries;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H23A0D08DC902461DBD0C78AECAA0F05B\">\n <enum>\n (5)\n </enum>\n <text>\n a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(c)(4);\n </text>\n </paragraph>\n <paragraph id=\"H5B6E3FBC8A4A4A65A75DB5E1BBE5EBE7\">\n <enum>\n (6)\n </enum>\n <text>\n a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide activities, as appropriate;\n </text>\n </paragraph>\n <paragraph id=\"HAB6CF048B7BE4FB58747A7C230073085\">\n <enum>\n (7)\n </enum>\n <text>\n a description of how the local area will—\n </text>\n <subparagraph id=\"H3F04D8134C7E4BDEBC207633CF616837\">\n <enum>\n (A)\n </enum>\n <text>\n coordinate activities with the local area’s disability community and with services provided under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/1414\">\n 20 U.S.C. 1414(d)(1)(A)(i)(VIII)\n </external-xref>\n ) by local educational agencies serving such local area to make available comprehensive, high-quality services to individuals with disabilities;\n </text>\n </subparagraph>\n <subparagraph id=\"HB24CF75154FC45FD9F5179DBFB35E1C8\">\n <enum>\n (B)\n </enum>\n <text>\n consistent with section 188 and Executive Order 13217 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/12131\">\n 42 U.S.C. 12131\n </external-xref>\n note), serve the employment and training needs of individuals with disabilities; and\n </text>\n </subparagraph>\n <subparagraph id=\"H05315FC1BA644D9DB7A56FA60486B5A7\">\n <enum>\n (C)\n </enum>\n <text>\n consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H5896DA2790224456BF98C7A416FC1F73\">\n <enum>\n (8)\n </enum>\n <text>\n a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be—\n </text>\n <subparagraph id=\"HBB13BAADFC814212BD59F541B3B212D6\">\n <enum>\n (A)\n </enum>\n <text>\n used to measure the performance of the local area; and\n </text>\n </subparagraph>\n <subparagraph id=\"H6685D667B57A4A0D9477451F5EEC3B48\">\n <enum>\n (B)\n </enum>\n <text>\n used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H3D38A6FC8DB44C9DBF961014CFA72609\">\n <enum>\n (9)\n </enum>\n <text>\n a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan;\n </text>\n </paragraph>\n <paragraph id=\"HBC0C15EBEA1243EFADE1DE517A235FE8\">\n <enum>\n (10)\n </enum>\n <text display-inline=\"yes-display-inline\">\n a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as the Supplemental Nutrition Assistance Program), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled veterans and homeless veterans), and Native Americans;\n </text>\n </paragraph>\n <paragraph id=\"H83A97120BDEE4977837BF29444B15914\">\n <enum>\n (11)\n </enum>\n <text>\n an identification of the entity responsible for the disbursal of grant funds described in subclause (III) of section 117(d)(4)(B)(i), as determined by the chief elected official or the Governor under such section;\n </text>\n </paragraph>\n <paragraph id=\"HAA7E850BD2C74EC98639037920955550\">\n <enum>\n (12)\n </enum>\n <text display-inline=\"yes-display-inline\">\n a description of the strategies and services that will be used in the local area to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including—\n </text>\n <subparagraph id=\"H92B466A327694C3689BD8CE5FBD7A08A\">\n <enum>\n (A)\n </enum>\n <text>\n training and internships in in-demand industries or occupations important to the local economy;\n </text>\n </subparagraph>\n <subparagraph id=\"HA8BE1962D0E64AC3A90662ADE442B9F2\">\n <enum>\n (B)\n </enum>\n <text>\n dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and\n </text>\n </subparagraph>\n <subparagraph id=\"H9FD80A294A2B4E9CA769BC57F05DE6EA\">\n <enum>\n (C)\n </enum>\n <text>\n activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H6AA3BDA8E17E41D5855D75EDDEEB8C36\">\n <enum>\n (13)\n </enum>\n <text display-inline=\"yes-display-inline\">\n a description of—\n </text>\n <subparagraph id=\"H66A4B3F8559E4B8298FED285A916A635\">\n <enum>\n (A)\n </enum>\n <text>\n how the local area will furnish employment, training, supportive, and placement services to veterans, including disabled and homeless veterans;\n </text>\n </subparagraph>\n <subparagraph id=\"H7D00658A08314EAD933B26C4D6406AED\">\n <enum>\n (B)\n </enum>\n <text>\n the strategies and services that will be used in the local area to assist and expedite reintegration of homeless veterans into the labor force; and\n </text>\n </subparagraph>\n <subparagraph id=\"HEC769D810A0E4C9B9D2F7E663193C57C\">\n <enum>\n (C)\n </enum>\n <text>\n the veteran population to be served in the local area;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H8C01E5247EB84349A5E1133BD21C57FB\">\n <enum>\n (14)\n </enum>\n <text>\n a description of—\n </text>\n <subparagraph id=\"H2BB94A7C040945FA855062916378CD04\">\n <enum>\n (A)\n </enum>\n <text>\n the duties assigned to the veteran employment specialist consistent with the requirements of section 134(f);\n </text>\n </subparagraph>\n <subparagraph id=\"H5BF48BC0089E45AEA3E19677622BB664\">\n <enum>\n (B)\n </enum>\n <text>\n the manner in which the veteran employment specialist is integrated into the One-Stop Career System described in section 121;\n </text>\n </subparagraph>\n <subparagraph id=\"HBB329EAD8D9E4959BC4CBD902E54F2EC\">\n <enum>\n (C)\n </enum>\n <text>\n the date on which the veteran employment specialist was assigned; and\n </text>\n </subparagraph>\n <subparagraph id=\"H4E2BA123C0914712B53FEE5D75283E0B\">\n <enum>\n (D)\n </enum>\n <text>\n whether the veteran employment specialist has satisfactorily competed such training by the National Veterans' Employment and Training Services Institute; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HEBA42C4EC9AF4E0988D75580822F2AB2\">\n <enum>\n (15)\n </enum>\n <text>\n such other information as the Governor may require.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H411397B409E64620992D49A76B0F2186\">\n <enum>\n (3)\n </enum>\n <text>\n in subsection (c)(1), by striking\n <quote>\n such means\n </quote>\n and inserting\n <quote>\n electronic means such\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H65032685E4044F03A4BA259FEA755F3C\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in subsection (c)(2), by striking\n <quote>\n , including representatives of business and representatives of labor organizations,\n </quote>\n .\n </text>\n </paragraph>\n </section>\n <section id=\"H7902C033CE044F47A59C52FC4C218B68\">\n <enum>\n 108.\n </enum>\n <header>\n Establishment of one-stop delivery system\n </header>\n <text display-inline=\"no-display-inline\">\n Section 121 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2841\">\n 29 U.S.C. 2841\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H5E587543FF824F058B7F506701898795\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (b)—\n </text>\n <subparagraph id=\"HAD8C172AD33046C2979DDBA01617DA3A\">\n <enum>\n (A)\n </enum>\n <text>\n by striking subparagraph (A) of paragraph (1) and inserting the following:\n </text>\n <quoted-block id=\"HCFA9EBA9C14C46709F939A0B2AE664D2\" style=\"OLC\">\n <subparagraph id=\"H3FF2F2E95122434F976376AF62C7CE67\">\n <enum>\n (A)\n </enum>\n <header>\n Roles and responsibilities of one-stop partners\n </header>\n <text>\n Each entity that carries out a program or activities described in subparagraph (B) shall—\n </text>\n <clause id=\"H012BDC7B971344A5B512B8DE41E6DD29\">\n <enum>\n (i)\n </enum>\n <text>\n provide access through the one-stop delivery system to the program and activities carried out by the entity, including making the work ready services described in section 134(c)(2) that are applicable to the program of the entity available at one-stop centers (in addition to any other appropriate locations);\n </text>\n </clause>\n <clause id=\"HDE25DFDDB7814949A83544D45D330BCD\">\n <enum>\n (ii)\n </enum>\n <text>\n use a portion of the funds available to the program of the entity to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h);\n </text>\n </clause>\n <clause id=\"H170D164A70E741E5956C9C05D8630DF8\">\n <enum>\n (iii)\n </enum>\n <text>\n enter into a local memorandum of understanding with the local board relating to the operation of the one-stop delivery system that meets the requirements of subsection (c); and\n </text>\n </clause>\n <clause id=\"H6F60309D534D4F1091FF6CD41663588C\">\n <enum>\n (iv)\n </enum>\n <text>\n participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the programs carried out by the entity.\n </text>\n </clause>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H4776F7A8D2E14080B5F4D8E4F304E155\">\n <enum>\n (B)\n </enum>\n <text>\n in paragraph (1)(B)—\n </text>\n <clause id=\"H960E1F797FAB42BE8CC1B9FA8F2DEB43\">\n <enum>\n (i)\n </enum>\n <text>\n by striking clauses (ii), (v), and (vi);\n </text>\n </clause>\n <clause id=\"HC6BE01ECF98D4C85BF8254FDF4EC2B91\">\n <enum>\n (ii)\n </enum>\n <text>\n by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively;\n </text>\n </clause>\n <clause id=\"H846B888E45024760B813B90BFF07EBC2\">\n <enum>\n (iii)\n </enum>\n <text>\n by redesignating clauses (vii) through (xii) as clauses (iv) through (ix), respectively;\n </text>\n </clause>\n <clause id=\"H975F2A6112064220A064A11CFEE6A6AB\">\n <enum>\n (iv)\n </enum>\n <text>\n in clause (viii), as so redesignated, by striking\n <quote>\n and\n </quote>\n at the end;\n </text>\n </clause>\n <clause id=\"H38A8DCE6FC864247939D73A54808A66E\">\n <enum>\n (v)\n </enum>\n <text>\n in clause (ix), as so redesignated, by striking the period and inserting\n <quote>\n ; and\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"HCE405BB1FB294890AB76DAE9F2F58635\">\n <enum>\n (vi)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"HE81A9090591A4071937E4B466EB1EE1B\" style=\"OLC\">\n <clause id=\"H4A85A61F5A6344649A250DBA83469496\">\n <enum>\n (x)\n </enum>\n <text>\n subject to subparagraph (C), programs authorized under part A of title IV of the Social Security Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/601\">\n 42 U.S.C. 601 et seq.\n </external-xref>\n ).\n </text>\n </clause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </clause>\n </subparagraph>\n <subparagraph id=\"H0F1E66A37E9F42B897D0578CC45CC3D3\">\n <enum>\n (C)\n </enum>\n <text>\n by inserting after paragraph (1)(B) the following:\n </text>\n <quoted-block id=\"H75B0FC5F22B84C81B65DB15C914E2829\" style=\"OLC\">\n <subparagraph commented=\"no\" id=\"H8CDDF88CD70549C987853CB41343D47E\">\n <enum>\n (C)\n </enum>\n <header>\n Determination by the governor\n </header>\n <text display-inline=\"yes-display-inline\">\n Each entity carrying out a program described in subparagraph (B)(x) shall carry out the required partner activities described in subparagraph (A) unless the Governor of the State in which the local area is located provides the Secretary and Secretary of Health and Human Services written notice of a determination by the Governor that such entities shall not carry out such required partner activities.\n </text>\n </subparagraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H84D0DD9DA9C94D43A167737C3254D0B5\">\n <enum>\n (D)\n </enum>\n <text>\n in paragraph (2)—\n </text>\n <clause id=\"HEF65BC4B8DB8463DAF735A8615AD436B\">\n <enum>\n (i)\n </enum>\n <text>\n in subparagraph (A)(i), by striking\n <quote>\n section 134(d)(2)\n </quote>\n and inserting\n <quote>\n section 134(c)(2)\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"HC7D9449CBA334FB6B4D6E5177F2F1568\">\n <enum>\n (ii)\n </enum>\n <text>\n in subparagraph (B)—\n </text>\n <subclause id=\"H3F93DE6C630E4C499215D267B2BE2265\">\n <enum>\n (I)\n </enum>\n <text>\n by striking clauses (i), (ii), and (v);\n </text>\n </subclause>\n <subclause id=\"H7B5BC33D20564E90A4D7D6461326E843\">\n <enum>\n (II)\n </enum>\n <text>\n in clause (iv), by striking\n <quote>\n and\n </quote>\n at the end;\n </text>\n </subclause>\n <subclause id=\"HC3569610B2234066BF2BBD97A75F6C94\">\n <enum>\n (III)\n </enum>\n <text>\n by redesignating clauses (iii) and (iv) as clauses (i) and (ii), respectively; and\n </text>\n </subclause>\n <subclause id=\"H841D7EB8C1C04FFFA0776693602011F2\">\n <enum>\n (IV)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"HC0CD524C81F34C639FF67CBFBA1C4FE0\" style=\"OLC\">\n <clause id=\"H091F31025F554BE1B23BA59E260324FB\">\n <enum>\n (iii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n employment and training programs administered by the Commissioner of the Social Security Administration;\n </text>\n </clause>\n <clause id=\"HA20F4860F0FB4C4F8DBE6ECB0FFDE495\">\n <enum>\n (iv)\n </enum>\n <text display-inline=\"yes-display-inline\">\n employment and training programs carried out by the Administrator of the Small Business Administration;\n </text>\n </clause>\n <clause id=\"HCB5F88E151194E6086EE04C6F6D437A1\">\n <enum>\n (v)\n </enum>\n <text>\n employment, training, and literacy services carried out by public libraries; and\n </text>\n </clause>\n <clause id=\"H8DAF39CC28BB4BA7BC1914FDFADD8F71\">\n <enum>\n (vi)\n </enum>\n <text>\n other appropriate Federal, State, or local programs, including programs in the private sector.\n </text>\n </clause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subclause>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H33499AD020904A3085D832CFBB3FDB34\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (c)(2), by amending subparagraph (A) to read as follows:\n </text>\n <quoted-block id=\"H868342B8895941E3ADEAE733CF21C4BA\" style=\"OLC\">\n <subparagraph id=\"HB2521006E9C64AA09156289BBBFFE4C8\">\n <enum>\n (A)\n </enum>\n <text>\n provisions describing—\n </text>\n <clause id=\"H222B45098FC545A896DBBA85233AE1DB\">\n <enum>\n (i)\n </enum>\n <text>\n the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated through such system;\n </text>\n </clause>\n <clause id=\"H08BC54ACC25B4A9899A23BB0344626D2\">\n <enum>\n (ii)\n </enum>\n <text>\n how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the infrastructure costs of one-stop centers in accordance with subsection (h);\n </text>\n </clause>\n <clause id=\"HCE63557D01924074BAC5325EFEAA1D31\">\n <enum>\n (iii)\n </enum>\n <text>\n methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for nontraditional employment; and\n </text>\n </clause>\n <clause id=\"H12FD08D8F8834265B6CA0D977B700872\">\n <enum>\n (iv)\n </enum>\n <text>\n the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and\n </text>\n </clause>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph commented=\"no\" id=\"H87ED3F59DC47432089AA0D9C4E1861BC\">\n <enum>\n (3)\n </enum>\n <text>\n in subsection (d)—\n </text>\n <subparagraph commented=\"no\" id=\"HBE687A7500C0482EA303E4AEED0C8D5D\">\n <enum>\n (A)\n </enum>\n <text>\n in the heading for paragraph (1), by striking\n <quote>\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Designation and certification\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Local designation and certification\n </header-in-text>\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H36B4FD0CBF56463ABABF90B80CE77D65\">\n <enum>\n (B)\n </enum>\n <text>\n in paragraph (2)—\n </text>\n <clause commented=\"no\" id=\"H425311C229AE48ECB65D366DE6602653\">\n <enum>\n (i)\n </enum>\n <text>\n by striking\n <quote>\n section 134(c)\n </quote>\n and inserting\n <quote>\n subsection (e)\n </quote>\n ;\n </text>\n </clause>\n <clause commented=\"no\" id=\"HA64D544E3C0142F49713AECF3D937383\">\n <enum>\n (ii)\n </enum>\n <text>\n by amending subparagraph (A) to read as follows:\n </text>\n <quoted-block id=\"HC3F5A2B8252C43B2ABEF575D8B4E30F9\" style=\"OLC\">\n <subparagraph commented=\"no\" id=\"HB7E38380D1EE498A8EBD06AB9C76A684\">\n <enum>\n (A)\n </enum>\n <text>\n shall be designated or certified as a one-stop operator through a competitive process; and\n </text>\n </subparagraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </clause>\n <clause commented=\"no\" id=\"H2332CE1490824343883AE9C2585E0CB7\">\n <enum>\n (iii)\n </enum>\n <text>\n in subparagraph (B), by striking clause (ii) and redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and\n </text>\n </clause>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H04D7F032FCBE48629BC2CD3327E659D5\">\n <enum>\n (C)\n </enum>\n <text>\n in paragraph (3), by striking\n <quote>\n vocational\n </quote>\n and inserting\n <quote>\n career and technical\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H9CC23989DFDA406999EF659A3F265388\">\n <enum>\n (4)\n </enum>\n <text>\n by amending subsection (e) to read as follows:\n </text>\n <quoted-block id=\"H93E41B3972D74E4EB054A1A39F73B31E\" style=\"OLC\">\n <subsection id=\"H38BC22E1D0D44BB599A7658E4603849C\">\n <enum>\n (e)\n </enum>\n <header>\n Establishment of one-Stop delivery system\n </header>\n <paragraph id=\"HB8EDEC85EAFA44609595B0E3AD467210\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall—\n </text>\n <subparagraph id=\"H003286E4C94541CEA3C8BCD99FCA4925\">\n <enum>\n (A)\n </enum>\n <text>\n provide the work ready services described in section 134(c)(2);\n </text>\n </subparagraph>\n <subparagraph id=\"HC5BB81DA821941CB9A256BA66F163DE2\">\n <enum>\n (B)\n </enum>\n <text>\n provide access to training services as described in section 134(c)(4), including serving as the point of access to career enhancement accounts for training services to participants in accordance with paragraph (4)(F) of such section;\n </text>\n </subparagraph>\n <subparagraph id=\"HEC60AD1CCDC446D1AA2242B2AC3E4378\">\n <enum>\n (C)\n </enum>\n <text>\n provide access to the activities carried out under section 134(d), if any;\n </text>\n </subparagraph>\n <subparagraph id=\"HDCC6EB651CDD4D79BCC86D35B17D2E79\">\n <enum>\n (D)\n </enum>\n <text>\n provide access to programs and activities carried out by one-stop partners that are described in subsection (b) of this section; and\n </text>\n </subparagraph>\n <subparagraph id=\"H4D96CD581A124D2E8E0C8C3074860A94\">\n <enum>\n (E)\n </enum>\n <text>\n provide access to the information described in section 15(e) of the Wagner-Peyser Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/49l-2\">\n 29 U.S.C. 49l–2(e)\n </external-xref>\n ).\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H33C2786521824B9A8C0671CEFCA5B572\">\n <enum>\n (2)\n </enum>\n <header>\n One-stop delivery\n </header>\n <text>\n At a minimum, the one-stop delivery system—\n </text>\n <subparagraph id=\"H4D29CED950C9493FA8311A32BA18AFDA\">\n <enum>\n (A)\n </enum>\n <text>\n shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than one physical center in each local area of the State; and\n </text>\n </subparagraph>\n <subparagraph id=\"H90E4720B847049659D3D21ECA37AA7AB\">\n <enum>\n (B)\n </enum>\n <text>\n may also make programs, services, and activities described in paragraph (1) available—\n </text>\n <clause id=\"H60ACEB58B8714BCAACA9F5C8F40F432A\">\n <enum>\n (i)\n </enum>\n <text>\n through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and\n </text>\n </clause>\n <clause id=\"H14E5052D19CB41A786270DDD28502F23\">\n <enum>\n (ii)\n </enum>\n <text>\n through a network of eligible one-stop partners—\n </text>\n <subclause id=\"H4B37B0E30B2F464BA3551CE2EDC29520\">\n <enum>\n (I)\n </enum>\n <text>\n in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically- or technologically-linked access point; and\n </text>\n </subclause>\n <subclause id=\"HADB647CE100140AF8FB06A4FE716D484\">\n <enum>\n (II)\n </enum>\n <text>\n that assures individuals that information on the availability of the work ready services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I).\n </text>\n </subclause>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HD1375358C0834D26888F4443604FADB9\">\n <enum>\n (3)\n </enum>\n <header>\n Specialized centers\n </header>\n <text>\n The centers and sites described in paragraph (2) may have a specialization in addressing special needs.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H8C1263E294ED4DD287257CF69EE27408\">\n <enum>\n (5)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"H0125CAF21D1B4BCA8026E4683CB34E7C\" style=\"OLC\">\n <subsection id=\"H68F500A1EF5B425F8E424D985BD02B6D\">\n <enum>\n (g)\n </enum>\n <header>\n Certification of one-Stop centers\n </header>\n <paragraph id=\"HF90CFECA0CA34F688FC32BCCC7087D3D\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <subparagraph id=\"H9A1F3F3DC1C0474F81592A4BDBC49C79\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text>\n The State board shall establish objective procedures and criteria for certifying, at least once every 3 years, one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h).\n </text>\n </subparagraph>\n <subparagraph id=\"H0E8E78484EBC43BD89FFA89EAF2BAE56\">\n <enum>\n (B)\n </enum>\n <header>\n Criteria\n </header>\n <text>\n The criteria for certification under this subsection shall include—\n </text>\n <clause id=\"H372BF2763B5648E987581196CD0FEB00\">\n <enum>\n (i)\n </enum>\n <text>\n meeting all of the expected levels of performance for each of the core indicators of performance as outlined in the State plan under section 112;\n </text>\n </clause>\n <clause id=\"HDBFFC272E818481E80CCF2EB1E831EE7\">\n <enum>\n (ii)\n </enum>\n <text>\n meeting minimum standards relating to the scope and degree of service integration achieved by the centers involving the programs provided by the one-stop partners; and\n </text>\n </clause>\n <clause id=\"H3A45F6BD061F46219C59093A46E75289\">\n <enum>\n (iii)\n </enum>\n <text>\n meeting minimum standards relating to how the centers ensure that eligible providers meet the employment needs of local employers and participants.\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H8542F5BAD34E40499D25CAE63624E8CA\">\n <enum>\n (C)\n </enum>\n <header>\n Effect of certification\n </header>\n <text>\n One-stop centers certified under this subsection shall be eligible to receive the infrastructure grants authorized under subsection (h).\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HE737F6DAE0044FF6A2F9E753FCC746C1\">\n <enum>\n (2)\n </enum>\n <header>\n Local boards\n </header>\n <text>\n Consistent with the criteria developed by the State, the local board may develop additional criteria of higher standards to respond to local labor market and demographic conditions and trends.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H7AF90558DFB6433DA2146229B8AFD34E\">\n <enum>\n (h)\n </enum>\n <header>\n One-Stop infrastructure funding\n </header>\n <paragraph id=\"H8515210F6C16420D9DB3C1D1993E40FA\">\n <enum>\n (1)\n </enum>\n <header>\n Partner contributions\n </header>\n <subparagraph id=\"H95AD80D01D8646A7B4553C04791AD4D2\">\n <enum>\n (A)\n </enum>\n <header>\n Provision of funds\n </header>\n <text>\n Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in (b)(2)(B) for a fiscal year shall be provided to the Governor by such programs to carry out this subsection.\n </text>\n </subparagraph>\n <subparagraph id=\"H4685CEA3B7CA4FB58C1F958CCA0B2EC2\">\n <enum>\n (B)\n </enum>\n <header>\n Determination of governor\n </header>\n <clause id=\"H588755613B6D4D879DCC20296FF99B9B\">\n <enum>\n (i)\n </enum>\n <header>\n In general\n </header>\n <text>\n Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers by each partner, the costs of administration for purposes not related to one-stop centers for each partner, and other relevant factors described in paragraph (3).\n </text>\n </clause>\n <clause id=\"H102CE5ACA26148099798B89066B73E44\">\n <enum>\n (ii)\n </enum>\n <header>\n Special rule\n </header>\n <text>\n In those States where the State constitution places policy-making authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title II of this Act and for postsecondary career education activities authorized under the Carl D. Perkins Career and Technical Education Act, the determination described in clause (i) with respect to such programs shall be made by the Governor with the appropriate entity or official with such independent policy-making authority.\n </text>\n </clause>\n <clause id=\"H4DE51F549C3548DE873D019309D44D8F\">\n <enum>\n (iii)\n </enum>\n <header>\n Appeal by one-stop partners\n </header>\n <text>\n The Governor shall establish a procedure for the one-stop partner administering a program described in subsection (b) to appeal a determination regarding the portion of funds to be contributed under this paragraph on the basis that such determination is inconsistent with the criteria described in the State plan or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal.\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H9ED3446A390140C8A080E993B40DF89A\">\n <enum>\n (C)\n </enum>\n <header>\n Limitations\n </header>\n <clause id=\"HB3317030D05347578D6F03E7AC86A868\">\n <enum>\n (i)\n </enum>\n <header>\n Provision from administrative funds\n </header>\n <text>\n The funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the limitations with respect to the portion of funds under such programs that may be used for administration.\n </text>\n </clause>\n <clause id=\"H66562B8AC03D4902B64F26283C79FA29\">\n <enum>\n (ii)\n </enum>\n <header>\n Federal direct spending programs\n </header>\n <text>\n Programs that are Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/2/900\">\n 2 U.S.C. 900(c)(8)\n </external-xref>\n ) shall not, for purposes of this paragraph, be required to provide an amount in excess of the amount determined to be equivalent to the proportionate use of the one-stop centers by such programs in the State.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H04373124698F487FA5AE95C508625019\">\n <enum>\n (2)\n </enum>\n <header>\n Allocation by governor\n </header>\n <text>\n From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph (3) for the purposes of assisting in paying the costs of the infrastructure of one-stop centers certified under subsection (g).\n </text>\n </paragraph>\n <paragraph id=\"HE65234630EDA4F4DB409BD74BB3CE19C\">\n <enum>\n (3)\n </enum>\n <header>\n Allocation formula\n </header>\n <text>\n The State board shall develop a formula to be used by the Governor to allocate the funds described in paragraph (1). The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in the local area that have been certified, the population served by such centers, and the performance of such centers.\n </text>\n </paragraph>\n <paragraph id=\"H85AB6FA16EA1442CAE327B1A20FBB1D3\">\n <enum>\n (4)\n </enum>\n <header>\n Costs of infrastructure\n </header>\n <text>\n For purposes of this subsection, the term\n <term>\n costs of infrastructure\n </term>\n means the nonpersonnel costs that are necessary for the general operation of a one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, and equipment (including assistive technology for individuals with disabilities).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H19120C9E7D3646A9A736D76FA54DD89F\">\n <enum>\n (i)\n </enum>\n <header>\n Other funds\n </header>\n <paragraph id=\"HA3126ABD496643FC8471FEA73CA77851\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n In addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), or the noncash resources available under such programs shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved including—\n </text>\n <subparagraph id=\"H570BF5E359064BC593C6AE3E696A2C7C\">\n <enum>\n (A)\n </enum>\n <text>\n infrastructure costs that are in excess of the funds provided under subsection (h);\n </text>\n </subparagraph>\n <subparagraph id=\"H41B8FF396F944DB4BFF4215AD515E58D\">\n <enum>\n (B)\n </enum>\n <text>\n common costs that are in addition to the costs of infrastructure; and\n </text>\n </subparagraph>\n <subparagraph id=\"H68A5B82418A44B698716C91DB3A2EAD7\">\n <enum>\n (C)\n </enum>\n <text>\n the costs of the provision of work ready services applicable to each program.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H77697C61682B4953B580CE29A2F34FA7\">\n <enum>\n (2)\n </enum>\n <header>\n Determination and guidance\n </header>\n <text>\n The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph (1) shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide guidance to facilitate the determination of appropriate allocation of the funds and noncash resources in local areas.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H4A3B7744500146ADA4963B9F79C75F7E\">\n <enum>\n 109.\n </enum>\n <header>\n Identification of eligible providers of training services\n </header>\n <text display-inline=\"no-display-inline\">\n Section 122 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2842\">\n 29 U.S.C. 2842\n </external-xref>\n ) is amended to read as follows:\n </text>\n <quoted-block id=\"HD3F236F616A44776BE29BD847F8662E6\" style=\"OLC\">\n <section id=\"H7E2569C16B2947F4BEA00CDA72B6356A\">\n <enum>\n 122.\n </enum>\n <header>\n Identification of eligible providers of training services\n </header>\n <subsection id=\"H9E1144438C834C7DA9CE4D2A2C857B9A\">\n <enum>\n (a)\n </enum>\n <header>\n Eligibility\n </header>\n <paragraph id=\"HA7A5CA3A9A1C48B28837144097E3B961\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n The Governor, after consultation with the State board, shall establish criteria and procedures regarding the eligibility of providers of training services described in section 134(c)(4) to receive funds provided under section 133(b) for the provision of such training services.\n </text>\n </paragraph>\n <paragraph id=\"H7FAD849A97E04A12AADB210DEDA9E59F\">\n <enum>\n (2)\n </enum>\n <header>\n Providers\n </header>\n <text>\n Subject to the provisions of this section, to be eligible to receive the funds provided under section 133(b) for the provision of training services, the provider shall be—\n </text>\n <subparagraph id=\"H81BC9AEF67F24611AF2FBB9A88511F1B\">\n <enum>\n (A)\n </enum>\n <text>\n a postsecondary educational institution that—\n </text>\n <clause id=\"HD21DC0E1E16943B9AC64CB594085B306\">\n <enum>\n (i)\n </enum>\n <text>\n is eligible to receive Federal funds under title IV of the Higher Education Act of 1965 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/1070\">\n 20 U.S.C. 1070 et seq.\n </external-xref>\n ); and\n </text>\n </clause>\n <clause id=\"HD83BB32E26CD47FEA3ADB723B54288D7\">\n <enum>\n (ii)\n </enum>\n <text>\n provides a program that leads to a recognized postsecondary credential;\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H278CF0895C3147CA817A0E98E188D178\">\n <enum>\n (B)\n </enum>\n <text>\n an entity that carries out programs under the Act of August 16, 1937 (commonly known as the\n <quote>\n National Apprenticeship Act\n </quote>\n ; 50 Stat. 664, chapter 663;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/50\">\n 29 U.S.C. 50 et seq.\n </external-xref>\n ); or\n </text>\n </subparagraph>\n <subparagraph id=\"HCCE490ABE68046CEBD3B3845416D774A\">\n <enum>\n (C)\n </enum>\n <text>\n another public or private provider of a program of training services.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HA65AFAB468EC4805A118112E3035F971\">\n <enum>\n (3)\n </enum>\n <header>\n Inclusion in list of eligible providers\n </header>\n <text>\n A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be included on the list of eligible providers of training services described in subsection (d) for so long as the provider remains certified by the Secretary of Labor to carry out the programs described in paragraph (2)(B).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HF1B19C2B7341474DAF0895F039DED3CE\">\n <enum>\n (b)\n </enum>\n <header>\n Criteria\n </header>\n <paragraph id=\"HD053E0B71FEC4D5E89517F11E075F3C0\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n The criteria established pursuant to subsection (a) shall take into account—\n </text>\n <subparagraph id=\"H293C8E95255A45F5B9523995903A64F3\">\n <enum>\n (A)\n </enum>\n <text>\n the performance of providers of training services with respect to the performance measures described in section 136 and other matters for which information is required under paragraph (2) and other appropriate measures of performance outcomes for those participants receiving training services under this subtitle;\n </text>\n </subparagraph>\n <subparagraph id=\"H7C8A5A56AAD74040AEDD49EF9E025BB1\">\n <enum>\n (B)\n </enum>\n <text>\n whether the training programs of such providers relate to occupations that are in demand;\n </text>\n </subparagraph>\n <subparagraph id=\"H5E5BE0338C004AC5AA0CCCF4F16598A3\">\n <enum>\n (C)\n </enum>\n <text>\n the need to ensure access to training services throughout the State, including in rural areas;\n </text>\n </subparagraph>\n <subparagraph id=\"HCC998ACB3F4C4E85838F35E4F63BA046\">\n <enum>\n (D)\n </enum>\n <text>\n the ability of providers to offer programs that lead to a recognized postsecondary credential;\n </text>\n </subparagraph>\n <subparagraph id=\"HF1DD1D1014E1425BB30BD33035BDFCDC\">\n <enum>\n (E)\n </enum>\n <text>\n the information such providers are required to report to State agencies with respect to other Federal and State programs (other than the program carried out under this subtitle), including one-stop partner programs; and\n </text>\n </subparagraph>\n <subparagraph id=\"HDD3D013C00764CADA685DED1245AF85B\">\n <enum>\n (F)\n </enum>\n <text>\n such other factors as the Governor determines are appropriate.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H8F32F6FC4149462AA184F19DFA9047DA\">\n <enum>\n (2)\n </enum>\n <header>\n Information\n </header>\n <text>\n The criteria established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State for purposes of carrying out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including—\n </text>\n <subparagraph id=\"H4F844B680B7C45578EC7CD1AA6FB275A\">\n <enum>\n (A)\n </enum>\n <text>\n information on recognized postsecondary credentials received by such participants;\n </text>\n </subparagraph>\n <subparagraph id=\"HD72227DB6FAE4314891734A66FC196D1\">\n <enum>\n (B)\n </enum>\n <text>\n information on costs of attendance for such participants;\n </text>\n </subparagraph>\n <subparagraph id=\"HF95F2E0170E04D7DBDAD1A1D09ADB22F\">\n <enum>\n (C)\n </enum>\n <text>\n information on the program completion rate for such participants; and\n </text>\n </subparagraph>\n <subparagraph id=\"H940FD3ADB91F496CA6C3563CFB3F589C\">\n <enum>\n (D)\n </enum>\n <text>\n information on the performance of the provider with respect to the performance measures described in section 136 for such participants.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H6422516247D54467AB92801AE55ADD99\">\n <enum>\n (3)\n </enum>\n <header>\n Renewal\n </header>\n <text>\n The criteria established by the Governor shall also provide for a review every 3 years and renewal of eligibility under this section for providers of training services.\n </text>\n </paragraph>\n <paragraph id=\"H88A875CA396341D08D3E1C868933B6D0\">\n <enum>\n (4)\n </enum>\n <header>\n Local criteria\n </header>\n <text>\n A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required under the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) to provide the services in the local area involved.\n </text>\n </paragraph>\n <paragraph id=\"H642DD5C33FF545D5948711267A8AACE2\">\n <enum>\n (5)\n </enum>\n <header>\n Limitation\n </header>\n <text>\n In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or eligible student in compliance with section 444 of the General Education Provisions Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/1232g\">\n 20 U.S.C. 1232g\n </external-xref>\n ).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HE54F8287C74F4E4FA9DBC7C39028056C\">\n <enum>\n (c)\n </enum>\n <header>\n Procedures\n </header>\n <text>\n The procedures established under subsection (a) shall—\n </text>\n <paragraph id=\"H34ECFDACCC1944BCB117772A06B3FBCE\">\n <enum>\n (1)\n </enum>\n <text>\n identify—\n </text>\n <subparagraph id=\"H27A1B849A264467BB81308EFE833B6A6\">\n <enum>\n (A)\n </enum>\n <text>\n the application process for a provider of training services to become eligible to receive funds under section 133(b) for the provision of training services; and\n </text>\n </subparagraph>\n <subparagraph id=\"H10F6685BBFCD45AB9D88F14A7DBC18BC\">\n <enum>\n (B)\n </enum>\n <text>\n the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria established under this section; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H45DDE5A0D29B409CB8DDD6601816E439\">\n <enum>\n (2)\n </enum>\n <text>\n establish a process for a provider of training services to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HE7CB2E0E6C9E41F180DE07A375541FED\">\n <enum>\n (d)\n </enum>\n <header>\n Information To assist participants in choosing providers\n </header>\n <text>\n In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list or lists of providers determined eligible under this section in the State, including information provided under subsection (b)(2) with respect to such providers, is provided to the local boards in the State and is made available to such participants and to members of the public through the one-stop delivery system in the State.\n </text>\n </subsection>\n <subsection id=\"H2280B1D349B6444487BE1C0E46136CBB\">\n <enum>\n (e)\n </enum>\n <header>\n Enforcement\n </header>\n <paragraph id=\"H632AF794808847A8B3AB9A9434EA0212\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n The criteria and procedures established under this section shall provide the following:\n </text>\n <subparagraph id=\"H441E77051F57409CAF8449C0DC942727\">\n <enum>\n (A)\n </enum>\n <header>\n Intentionally supplying inaccurate information\n </header>\n <text>\n Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services, or individual providing information on behalf of the provider, intentionally supplied inaccurate information under this section, the eligibility of such provider to receive funds under chapter 5 shall be terminated for a period of time that is not less than 2 years.\n </text>\n </subparagraph>\n <subparagraph id=\"H72B1259AEF1546EAA492CDA3E70126BD\">\n <enum>\n (B)\n </enum>\n <header>\n Substantial violations\n </header>\n <text>\n Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services substantially violated any requirement under this title, the eligibility of such provider to receive funds under the program involved shall be terminated for a period of time that is not less than 10 years.\n </text>\n </subparagraph>\n <subparagraph id=\"HDD7442505505444892CC8F7D0E474FEB\">\n <enum>\n (C)\n </enum>\n <header>\n Repayment\n </header>\n <text>\n A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 during a period of noncompliance described in such subparagraph.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H5BCE30FDBD2D47ABB654C11DF4EE8398\">\n <enum>\n (2)\n </enum>\n <header>\n Construction\n </header>\n <text>\n Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H7AD20EAD2DF34DA08032ECE383207C51\">\n <enum>\n (f)\n </enum>\n <header>\n Agreements with other states\n </header>\n <text>\n States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept career enhancement accounts provided in another State.\n </text>\n </subsection>\n <subsection id=\"HE5FBA189449E41C1B2DA3B6C62BA583D\">\n <enum>\n (g)\n </enum>\n <header>\n Recommendations\n </header>\n <text>\n In developing the criteria, procedures, and information required under this section, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State.\n </text>\n </subsection>\n <subsection id=\"H41EFB3DD215E4C138D1F2085E3A1CC2E\">\n <enum>\n (h)\n </enum>\n <header>\n Opportunity To submit comments\n </header>\n <text>\n During the development of the criteria, procedures, requirements for information, and the list of eligible providers required under this section, the Governor shall provide an opportunity for interested members of the public to submit comments regarding such criteria, procedures, and information.\n </text>\n </subsection>\n <subsection id=\"HF586506DFDE8470589B0BB60843C5AB9\">\n <enum>\n (i)\n </enum>\n <header>\n On-the-Job training or customized training exception\n </header>\n <paragraph id=\"H587F056F476A459186B74579CE09D6A6\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (d).\n </text>\n </paragraph>\n <paragraph id=\"H5E5B98EDE0B347528CDBDF1D0BA0136D\">\n <enum>\n (2)\n </enum>\n <header>\n Collection and dissemination of information\n </header>\n <text>\n A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services.\n </text>\n </paragraph>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n <section id=\"H073F860947A84835BFEC22BA638A2ED8\">\n <enum>\n 110.\n </enum>\n <header>\n General authorization\n </header>\n <text display-inline=\"no-display-inline\">\n Chapter 5 of subtitle B of title I is amended—\n </text>\n <paragraph id=\"H673CB64AA5904F3E9259B3ED44A9A0B2\">\n <enum>\n (1)\n </enum>\n <text>\n by striking the heading for chapter 5 and inserting the following:\n <quote>\n <header-in-text level=\"chapter\" style=\"OLC\">\n Employment and training activities\n </header-in-text>\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H07DF99321AAB478B828D6FDFF8CE77FD\">\n <enum>\n (2)\n </enum>\n <text>\n in section 131 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2861\">\n 29 U.S.C. 2861\n </external-xref>\n )—\n </text>\n <subparagraph id=\"HF7C593D0C68846AEA290063A2EE8D559\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n paragraphs (1)(B) and (2)(B) of\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HC6E214B300434542948E179D177D3BC5\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n adults, and dislocated workers,\n </quote>\n and inserting\n <quote>\n individuals\n </quote>\n .\n </text>\n </subparagraph>\n </paragraph>\n </section>\n <section id=\"HE3CC35E37D5A498A94096B4F8DA8F320\">\n <enum>\n 111.\n </enum>\n <header>\n State allotments\n </header>\n <text display-inline=\"no-display-inline\">\n Section 132 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2862\">\n 29 U.S.C. 2862\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HE6CC83BE59A2406E95260439F6066561\">\n <enum>\n (1)\n </enum>\n <text>\n by amending subsection (a) to read as follows:\n </text>\n <quoted-block id=\"H03C83A49576B407A82B102498685ADF2\" style=\"OLC\">\n <subsection id=\"H5B758A487BAB43A9BFB1503AB7956F02\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text>\n The Secretary shall—\n </text>\n <paragraph id=\"HC9BA93BA5DC94E76814FA26685102C68\">\n <enum>\n (1)\n </enum>\n <text>\n reserve ½ of 1 percent of the total amount appropriated under section 137 for a fiscal year, of which—\n </text>\n <subparagraph id=\"HD9C5C12D3F674B578BBE628B5E74D777\">\n <enum>\n (A)\n </enum>\n <text>\n 50 percent shall be used to provide technical assistance under section 170; and\n </text>\n </subparagraph>\n <subparagraph id=\"H5F4828E7F2B1470998B34F4E515C5685\">\n <enum>\n (B)\n </enum>\n <text>\n 50 percent shall be used for evaluations under section 172;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H01742DE9E3EB41B59B78C89002A81D77\">\n <enum>\n (2)\n </enum>\n <text>\n reserve not more than 1 percent of the total amount appropriated under section 137 for a fiscal year to make grants to, and enter into contracts or cooperative agreements with Indian tribes, tribal organizations, Alaska-Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out employment and training activities;\n </text>\n </paragraph>\n <paragraph id=\"H38ABEA96A8D94DE9A367C1CB246A695F\">\n <enum>\n (3)\n </enum>\n <text>\n reserve not more than 25 percent of the total amount appropriated under section 137 for a fiscal year to carry out the Jobs Corps program under subtitle C;\n </text>\n </paragraph>\n <paragraph id=\"HD12C9A2DA0C54D7492E61F1E78CC53B2\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n reserve not more than 3.5 percent of the total amount appropriated under section 137 for a fiscal year to—\n </text>\n <subparagraph id=\"HE10368ED38744EB3BA041427E601B612\">\n <enum>\n (A)\n </enum>\n <text>\n make grants to State or local boards to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; and\n </text>\n </subparagraph>\n <subparagraph id=\"H4FA4701B3C7240A992B491D295DEEB5A\">\n <enum>\n (B)\n </enum>\n <text>\n provide assistance to Governors of States with an area that has suffered an emergency or a major disaster (as such terms are defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/5122\">\n 42 U.S.C. 5122\n </external-xref>\n )) to provide disaster relief employment in the area.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HD1D5D198392F4A4DA3C742451F6EDC34\">\n <enum>\n (5)\n </enum>\n <text>\n from the remaining amount appropriated under section 137 for a fiscal year (after reserving funds under paragraphs (1) through (4)), make allotments in accordance with subsection (b) of this section.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H0C11EE1165E24A0188464FFA660E4165\">\n <enum>\n (2)\n </enum>\n <text>\n by amending subsection (b) to read as follows:\n </text>\n <quoted-block id=\"H48677A2751D7411BA05560AAF607CD7D\" style=\"OLC\">\n <subsection id=\"HBA0A24B9860E48629AD2B1BCD1C07FB4\">\n <enum>\n (b)\n </enum>\n <header>\n Workforce investment fund\n </header>\n <paragraph id=\"H1958EB72E86B45AD9649B48BABC5B02C\">\n <enum>\n (1)\n </enum>\n <header>\n Reservation for outlying areas\n </header>\n <subparagraph id=\"HEAB50B38F1DE4BB6AC93A134C1E20483\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text>\n From the amount made available under subsection (a)(5) for a fiscal year, the Secretary shall reserve not more than\n <fraction>\n 1/4\n </fraction>\n of 1 percent to provide assistance to the outlying areas.\n </text>\n </subparagraph>\n <subparagraph id=\"H115D01B2AA374B1888B614B38CAFFCE6\">\n <enum>\n (B)\n </enum>\n <header>\n Restriction\n </header>\n <text display-inline=\"yes-display-inline\">\n The Republic of Palau shall cease to be eligible to receive funding under this subparagraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/99/658\">\n Public Law 99–658\n </external-xref>\n )) after the date of enactment of the SKILLS Act.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HC0380D19C7A142F0A98892696FE2B3A7\">\n <enum>\n (2)\n </enum>\n <header>\n States\n </header>\n <subparagraph id=\"H06E800A89FF342D2AD7DB0CF31E5450E\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text>\n After determining the amount to be reserved under paragraph (1), the Secretary shall allot the remainder of the amount referred to in subsection (a)(5) for a fiscal year to the States pursuant to\n <internal-xref idref=\"H8B0EC9408FC0447B96A0D2BEE12D46F0\" legis-path=\"q:H48677A2751D7411BA05560AAF607CD7D:(b)(2)(B)\">\n subparagraph (B)\n </internal-xref>\n for employment and training activities and statewide workforce investment activities.\n </text>\n </subparagraph>\n <subparagraph id=\"H8B0EC9408FC0447B96A0D2BEE12D46F0\">\n <enum>\n (B)\n </enum>\n <header>\n Formula\n </header>\n <text>\n Subject to\n <internal-xref idref=\"H9B289A4A07084CDAB95C6BE8F8420449\" legis-path=\"q:H48677A2751D7411BA05560AAF607CD7D:(b)(2)(C)\">\n subparagraphs (C)\n </internal-xref>\n and\n <internal-xref idref=\"H76FB0FA7FB9E46C6AFD6F781A241C721\" legis-path=\"q:H48677A2751D7411BA05560AAF607CD7D:(b)(2)(D)\">\n (D)\n </internal-xref>\n , of the remainder—\n </text>\n <clause id=\"H7E85D366D2A640D3B15DC37AB424A7A8\">\n <enum>\n (i)\n </enum>\n <text>\n 25 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States;\n </text>\n </clause>\n <clause id=\"HD0D08FF290CD475F86B6E8B98B066E73\">\n <enum>\n (ii)\n </enum>\n <text>\n 25 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States;\n </text>\n </clause>\n <clause id=\"HE1586C6372424450940C0DD522D8AD7D\">\n <enum>\n (iii)\n </enum>\n <text>\n 25 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more; and\n </text>\n </clause>\n <clause id=\"H50F779FAB2FA45EA9C581D69C94F593D\">\n <enum>\n (iv)\n </enum>\n <text display-inline=\"yes-display-inline\">\n 25 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States.\n </text>\n </clause>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H9B289A4A07084CDAB95C6BE8F8420449\">\n <enum>\n (C)\n </enum>\n <header>\n Minimum and maximum percentages\n </header>\n <clause commented=\"no\" id=\"H93D19595725C4F59943F1F65B3DD9388\">\n <enum>\n (i)\n </enum>\n <header>\n Minimum percentage\n </header>\n <text>\n The Secretary shall ensure that no State shall receive an allotment under this paragraph for—\n </text>\n <subclause commented=\"no\" id=\"HD3B3B41C31E449EE88936E50F7ED41E9\">\n <enum>\n (I)\n </enum>\n <text>\n each of fiscal years 2014 through 2016, that is less than 100 percent of the allotment percentage of the State for fiscal year 2012; and\n </text>\n </subclause>\n <subclause commented=\"no\" id=\"H43D080A96E964D6F80E3C99B820F55CD\">\n <enum>\n (II)\n </enum>\n <text>\n fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year.\n </text>\n </subclause>\n </clause>\n <clause commented=\"no\" id=\"H26D52F3E6182491DA01AB5A313971C15\">\n <enum>\n (ii)\n </enum>\n <header>\n Maximum percentage\n </header>\n <text>\n Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment under this paragraph for—\n </text>\n <subclause id=\"HAA1C877F984B46A4A892B51943CE8B1D\">\n <enum>\n (I)\n </enum>\n <text display-inline=\"yes-display-inline\">\n each of fiscal years 2014 through 2016, that is more than 130 percent of the allotment percentage of the State for fiscal year 2012; and\n </text>\n </subclause>\n <subclause id=\"H1873151FDDDE4CF5B969D121109C1413\">\n <enum>\n (II)\n </enum>\n <text>\n fiscal year 2017 and each succeeding fiscal year, that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.\n </text>\n </subclause>\n </clause>\n </subparagraph>\n <subparagraph id=\"H76FB0FA7FB9E46C6AFD6F781A241C721\">\n <enum>\n (D)\n </enum>\n <header>\n Small state minimum allotment\n </header>\n <text>\n Subject to\n <internal-xref idref=\"H9B289A4A07084CDAB95C6BE8F8420449\" legis-path=\"q:H48677A2751D7411BA05560AAF607CD7D:(b)(2)(C)\">\n subparagraph (C)\n </internal-xref>\n , the Secretary shall ensure that no State shall receive an allotment under this paragraph for a fiscal year that is less than\n <fraction>\n 1/5\n </fraction>\n of 1 percent of the remainder described in\n <internal-xref idref=\"H06E800A89FF342D2AD7DB0CF31E5450E\" legis-path=\"q:H48677A2751D7411BA05560AAF607CD7D:(b)(2)(A)\">\n subparagraph (A)\n </internal-xref>\n for the fiscal year.\n </text>\n </subparagraph>\n <subparagraph id=\"HB5BE57702043400E848ADD805BFA037F\">\n <enum>\n (E)\n </enum>\n <header>\n Definitions\n </header>\n <text>\n For the purpose of the formula specified in this paragraph:\n </text>\n <clause commented=\"no\" id=\"H1B2ECC6C4D9F458CAEE16663500EC3AD\">\n <enum>\n (i)\n </enum>\n <header>\n Allotment percentage\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n allotment percentage\n </term>\n —\n </text>\n <subclause commented=\"no\" id=\"H735C16B95D40477C8F0EA817DA5E04AD\">\n <enum>\n (I)\n </enum>\n <text display-inline=\"yes-display-inline\">\n used with respect to fiscal year 2012, means the percentage of the amounts allotted to States under title I of this Act, title V of the Older Americans Act of 1965 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/3056\">\n 42 U.S.C. 3056 et seq.\n </external-xref>\n ), the Women in Apprenticeship and Nontraditional Occupations Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2501\">\n 29 U.S.C. 2501 et seq.\n </external-xref>\n ), sections\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/38/4103A\">\n 4103A\n </external-xref>\n and\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/38/4104\">\n 4104\n </external-xref>\n of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/49\">\n 29 U.S.C. 49 et seq.\n </external-xref>\n ), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the State involved for fiscal year 2012; and\n </text>\n </subclause>\n <subclause commented=\"no\" id=\"HFBEFEB0486A34468A18BED333684D150\">\n <enum>\n (II)\n </enum>\n <text display-inline=\"yes-display-inline\">\n used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allotted to States under this paragraph for the fiscal year that is received under this paragraph by the State involved for the fiscal year.\n </text>\n </subclause>\n </clause>\n <clause commented=\"no\" id=\"H4B50781C2FFF43BCBD9D0006EBB4360A\">\n <enum>\n (ii)\n </enum>\n <header>\n Disadvantaged youth\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n disadvantaged youth\n </term>\n means an individual who is not less than age 16 and not more than age 24 who receives an income, or is a member of a family that received a total family income, that in relation to family size, does not exceed the higher of—\n </text>\n <subclause id=\"H7E320D8DB1F748119C6EE232401DC2F1\">\n <enum>\n (I)\n </enum>\n <text>\n the poverty line; or\n </text>\n </subclause>\n <subclause id=\"HFDD3B3143E074CC19C6F3C84B7A53006\">\n <enum>\n (II)\n </enum>\n <text>\n 70 percent of the lower living standard income level.\n </text>\n </subclause>\n </clause>\n <clause id=\"H5F6DCB4E1E0F48138B41982DF87C856F\">\n <enum>\n (iii)\n </enum>\n <header>\n Individual\n </header>\n <text>\n The term\n <term>\n individual\n </term>\n means an individual who is age 16 or older.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H4E5D62AEFC5642708AB78AE9F9F52AE4\">\n <enum>\n 112.\n </enum>\n <header>\n Within State allocations\n </header>\n <text display-inline=\"no-display-inline\">\n Section 133 is amended—\n </text>\n <paragraph id=\"H60504B100B244763815E5ED98D0153B5\">\n <enum>\n (1)\n </enum>\n <text>\n by amending subsection (a) to read as follows:\n </text>\n <quoted-block id=\"HF92D95A355E249B49DE91E218D6E32F5\" style=\"OLC\">\n <subsection id=\"HEA37ED104285449ABFBD5AE0DD792850\">\n <enum>\n (a)\n </enum>\n <header>\n Reservations for Statewide workforce investment activities\n </header>\n <paragraph id=\"H939E50D0EE624B5DBC2D1C8FF134D160\">\n <enum>\n (1)\n </enum>\n <header>\n Statewide employment and training activities\n </header>\n <text>\n The Governor of a State shall reserve up to 15 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out the statewide activities described in section 134(a).\n </text>\n </paragraph>\n <paragraph id=\"H93B0D45924DF479BB3A2F926681E3910\">\n <enum>\n (2)\n </enum>\n <header>\n Statewide rapid response activities\n </header>\n <text>\n Of the amount reserved under\n <internal-xref idref=\"H939E50D0EE624B5DBC2D1C8FF134D160\" legis-path=\"q:HF92D95A355E249B49DE91E218D6E32F5:(a)(1)\">\n paragraph (1)\n </internal-xref>\n for a fiscal year, the Governor of the State shall reserve not more than 25 percent for statewide rapid response activities described in section 134(a)(4).\n </text>\n </paragraph>\n <paragraph id=\"HCA9EFA0002234B3AB7AB4170E18A7A80\">\n <enum>\n (3)\n </enum>\n <header>\n Statewide grants for individuals with barriers to employment\n </header>\n <text display-inline=\"yes-display-inline\">\n Of the amount reserved under paragraph (1) for a fiscal year, the Governor of a State shall reserve 15 percent to carry out statewide activities described in section 134(a)(5).\n </text>\n </paragraph>\n <paragraph id=\"HFDCD050C64D0456FB6985E14447E5CAE\">\n <enum>\n (4)\n </enum>\n <header>\n State administrative cost limit\n </header>\n <text display-inline=\"yes-display-inline\">\n Not more than 5 percent of the funds reserved under paragraph (1) may be used by the Governor of a State for administrative costs of carrying out the statewide activities described in section 134(a).\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H673F86EEE8F74A11BEB192B44713CA38\">\n <enum>\n (2)\n </enum>\n <text>\n by amending subsection (b) to read as follows:\n </text>\n <quoted-block id=\"H3F838A11CC104AB38F945D78ACF4FEB0\" style=\"OLC\">\n <subsection id=\"H8437A667875E4A4CACD8E56DEF9730DB\">\n <enum>\n (b)\n </enum>\n <header>\n Within state allocation\n </header>\n <paragraph id=\"H086B9686C9F842D5B02B6335F28A4220\">\n <enum>\n (1)\n </enum>\n <header>\n Methods\n </header>\n <text>\n The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas, shall—\n </text>\n <subparagraph id=\"H6CE2636BB6D04780A8D87B1ABAF75541\">\n <enum>\n (A)\n </enum>\n <text>\n allocate the funds that are allotted to the State for employment and training activities and not reserved under subsection (a), in accordance with paragraph (2)(A); and\n </text>\n </subparagraph>\n <subparagraph id=\"H506CB66116794B7CB654E1981868530F\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n award the funds that are reserved by the State under subsection (a)(3) through competitive grants to eligible entities, in accordance with section 134(a)(1)(C).\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HDBF9F4A5C4C6474AB77B7BE7A93299E1\">\n <enum>\n (2)\n </enum>\n <header>\n Formula allocations for the workforce investment fund\n </header>\n <subparagraph id=\"HE9BA27868E07462B80A9BB4DA9B25F50\">\n <enum>\n (A)\n </enum>\n <header>\n Allocation\n </header>\n <text>\n In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate—\n </text>\n <clause id=\"H151B6B8BA4D448ECBA118489C5322075\">\n <enum>\n (i)\n </enum>\n <text>\n 25 percent on the basis described in section 132(b)(2)(B)(i);\n </text>\n </clause>\n <clause id=\"HD6C8054213BE480683A5252877B70F0F\">\n <enum>\n (ii)\n </enum>\n <text>\n 25 percent on the basis described in section 132(b)(2)(B)(ii);\n </text>\n </clause>\n <clause id=\"HB297FA28956F44929A77D7984D132C28\">\n <enum>\n (iii)\n </enum>\n <text>\n 25 percent on the basis described in section 132(b)(2)(B)(iii); and\n </text>\n </clause>\n <clause id=\"H2655963258504BB2BB0BA53DE144F3E0\">\n <enum>\n (iv)\n </enum>\n <text>\n 25 percent on the basis described in section 132(b)(2)(B)(iv).\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HC77B8E5BBAD14EDF9321A682E02635FA\">\n <enum>\n (B)\n </enum>\n <header>\n Minimum and maximum percentages\n </header>\n <clause id=\"H4CDCCB0A07D34707B0E99EB00577CE9A\">\n <enum>\n (i)\n </enum>\n <header>\n Minimum percentage\n </header>\n <text>\n The State shall ensure that no local area shall receive an allocation under this paragraph for—\n </text>\n <subclause id=\"H2048ED9AEAA646EE887D613BD0AE4F1C\">\n <enum>\n (I)\n </enum>\n <text>\n each of fiscal years 2014 through 2016, that is less than 100 percent of the allocation percentage of the local area for fiscal year 2012; and\n </text>\n </subclause>\n <subclause id=\"H0F87CA858BF7436EAAE7D83359E077DE\">\n <enum>\n (II)\n </enum>\n <text>\n fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allocation percentage of the local area for the preceding fiscal year.\n </text>\n </subclause>\n </clause>\n <clause id=\"H11EB61274C644E4BAB8FCEF9D06FB2A0\">\n <enum>\n (ii)\n </enum>\n <header>\n Maximum percentage\n </header>\n <text>\n Subject to\n <internal-xref idref=\"H4CDCCB0A07D34707B0E99EB00577CE9A\" legis-path=\"q:H3F838A11CC104AB38F945D78ACF4FEB0:(b)(2)(B)(i)\">\n clause (i)\n </internal-xref>\n , the State shall ensure that no local area shall receive an allocation for a fiscal year under this paragraph for—\n </text>\n <subclause id=\"H803D4528A0F24C69AEEE4205269E9FEC\">\n <enum>\n (I)\n </enum>\n <text>\n each of fiscal years 2014 through 2016, that is more than 130 percent of the allocation percentage of the local area for fiscal year 2012; and\n </text>\n </subclause>\n <subclause id=\"HA540ADE3E17B41808F19594EB6CB0F3C\">\n <enum>\n (II)\n </enum>\n <text>\n fiscal year 2017 and each succeeding fiscal year, that is more than 130 percentage of the allocation percentage of the local area for the preceding fiscal year.\n </text>\n </subclause>\n </clause>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H70495515A4A34003BF72A3BB73755BB8\">\n <enum>\n (C)\n </enum>\n <header>\n Definitions\n </header>\n <text>\n For the purpose of the formula specified in this paragraph, the term\n <term>\n allocation percentage\n </term>\n —\n </text>\n <clause commented=\"no\" id=\"H01A6583E54A5471181919BED530DEFFC\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n used with respect to fiscal year 2012, means the percentage of the amounts allocated to local areas under title I of this Act, title V of the Older Americans Act of 1965 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/3056\">\n 42 U.S.C. 3056 et seq.\n </external-xref>\n ), the Women in Apprenticeship and Nontraditional Occupations Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2501\">\n 29 U.S.C. 2501 et seq.\n </external-xref>\n ), sections\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/38/4103A\">\n 4103A\n </external-xref>\n and\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/38/4104\">\n 4104\n </external-xref>\n of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/49\">\n 29 U.S.C. 49 et seq.\n </external-xref>\n ), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the local area involved for fiscal year 2012; and\n </text>\n </clause>\n <clause commented=\"no\" id=\"H58DFBDC7222F4801902E21535664EDFA\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allocated to local areas for the fiscal year under this paragraph that is received under this paragraph by the local area involved for the fiscal year.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n </subsection>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H87DF0FA709C5435F868F4C8A905E4A0E\">\n <enum>\n (3)\n </enum>\n <text>\n in subsection (c)—\n </text>\n <subparagraph id=\"H54DC0AB2C860438EABAB797256AC6BDF\">\n <enum>\n (A)\n </enum>\n <text>\n by amending paragraph (1) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HA48838B19E94409FB8DD8DCB20CB2828\" style=\"OLC\">\n <paragraph id=\"H67C0D8659722426289FF7FF3F0D51234\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n The Governor, may in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation.\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"HA0DF8ECD99BB4C4989318EBE3C14AFF7\">\n <enum>\n (B)\n </enum>\n <text>\n in paragraph (2), by striking\n <quote>\n paragraph (2)(A) or (3) of subsection (b) for such activities\n </quote>\n and inserting\n <quote>\n subsection (b) for such activities\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H60CF1AE5EBB048DEB091736F5B932A48\">\n <enum>\n (C)\n </enum>\n <text>\n by amending paragraph (3) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HA0E11D865612436E923B95AD7D784D1A\" style=\"OLC\">\n <paragraph id=\"H989C529846B34E77AAD1B50EF1ABC34B\">\n <enum>\n (3)\n </enum>\n <header>\n Reallocations\n </header>\n <text display-inline=\"yes-display-inline\">\n In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(2) for such activities for such prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(2) for such activities for such prior program year.\n </text>\n </paragraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H9245048F0D804FC8AC15B3CD369CC858\">\n <enum>\n (D)\n </enum>\n <text>\n in paragraph (4), by striking\n <quote>\n paragraph (2)(A) or (3) of\n </quote>\n ; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HDEB18CE58E1D4D0493C66A5F7FA250BD\">\n <enum>\n (4)\n </enum>\n <text>\n by adding at the end the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HB58FADF537B94D84A2D35406C212CBD5\" style=\"OLC\">\n <subsection id=\"HC2ADEF53E33B4BF7A2A50811776C6FD4\">\n <enum>\n (d)\n </enum>\n <header>\n Local administrative cost limit\n </header>\n <text display-inline=\"yes-display-inline\">\n Of the amounts allocated to a local area under this section for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities in the local area under this chapter.\n </text>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H2BFFE588B2284AE980BF8BA89866B341\">\n <enum>\n 113.\n </enum>\n <header>\n Use of funds for employment and training activities\n </header>\n <text display-inline=\"no-display-inline\">\n Section 134 is amended—\n </text>\n <paragraph id=\"H011CAE6E37964970AAF552A03AB92B71\">\n <enum>\n (1)\n </enum>\n <text>\n by amending subsection (a) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H7D202F79D3E0498D878E1A0CDCB99680\" style=\"OLC\">\n <subsection id=\"HCD9D2962D6C94C529DEA85CD01EC2919\">\n <enum>\n (a)\n </enum>\n <header>\n Statewide Employment and Training Activities\n </header>\n <paragraph id=\"H463CB6E10FE34BFF88FEB20B497252B3\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <subparagraph id=\"H8D0FB30BEA1247FCA6B1A85F0CD4FA65\">\n <enum>\n (A)\n </enum>\n <header>\n Distribution of statewide activities\n </header>\n <text>\n Funds reserved by a Governor for a State as described in section 133(a)(1)—\n </text>\n <clause id=\"H1C2AC3FB5B254F4EA86FB22442FFBA8E\">\n <enum>\n (i)\n </enum>\n <text>\n shall be used to carry out the statewide employment and training activities described in paragraph (2); and\n </text>\n </clause>\n <clause id=\"H31B1EF80BB004BF4BF362A749993938F\">\n <enum>\n (ii)\n </enum>\n <text>\n may be used to carry out any of the statewide employment and training activities described in paragraph (3).\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H0634888388A546D4A2939D6DF92B06B8\">\n <enum>\n (B)\n </enum>\n <header>\n Statewide rapid response activities\n </header>\n <text>\n Funds reserved by a Governor for a State as described in section 133(a)(2) shall be used to carry out the statewide rapid response activities described in paragraph (4).\n </text>\n </subparagraph>\n <subparagraph id=\"H83D00EF1C3EC44E08F27DBE18A802E82\">\n <enum>\n (C)\n </enum>\n <header>\n Statewide grants for individuals with barriers to employment\n </header>\n <text>\n Funds reserved by a Governor for a State as described in section 133(a)(3) shall be used to carry out the Statewide Grants for Individuals with Barriers to Employment competition described in paragraph (5).\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HCB25603BDEED4CFB8A0BFC4C0ECBEB9E\">\n <enum>\n (2)\n </enum>\n <header>\n Required Statewide employment and training activities\n </header>\n <text display-inline=\"yes-display-inline\">\n A State shall use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities, which shall include—\n </text>\n <subparagraph id=\"HE6F0521F157343A3AA824803F5254CE2\">\n <enum>\n (A)\n </enum>\n <text>\n disseminating the State list of eligible providers of training described in section 122(d), information identifying eligible providers of on-the-job training and customized training described in section 122(i), and performance information and program cost information described in section 122(b)(2);\n </text>\n </subparagraph>\n <subparagraph id=\"H4892BE0FE2A240C385DF1AC5512F80C3\">\n <enum>\n (B)\n </enum>\n <text>\n supporting the provision of work ready services described in subsection (c)(2) in the one-stop delivery system;\n </text>\n </subparagraph>\n <subparagraph id=\"H897F26EF5E964988B658966D895904D9\">\n <enum>\n (C)\n </enum>\n <text display-inline=\"yes-display-inline\">\n implementing strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, recognized postsecondary credentials, and employment experience to succeed in the labor market;\n </text>\n </subparagraph>\n <subparagraph id=\"HD8C10A1896BF47E1AA036499D49A2463\">\n <enum>\n (D)\n </enum>\n <text>\n conducting evaluations under section 136(e) of activities authorized under this chapter in coordination with evaluations carried out by the Secretary under section 172;\n </text>\n </subparagraph>\n <subparagraph id=\"H14D59F4B266A495694FB6F64B7D1D01E\">\n <enum>\n (E)\n </enum>\n <text>\n providing technical assistance to local areas that fail to meet local performance measures;\n </text>\n </subparagraph>\n <subparagraph id=\"H1E2EDB16F014459296152098C4D9F690\">\n <enum>\n (F)\n </enum>\n <text>\n operating a fiscal and management accountability system under section 136(f); and\n </text>\n </subparagraph>\n <subparagraph id=\"HF2844F8469FC43A09FF5449FA24D48BF\">\n <enum>\n (G)\n </enum>\n <text>\n carrying out monitoring and oversight of activities carried out under this chapter.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HD09BD0FB6F4C425ABD5D0635E64AB69C\">\n <enum>\n (3)\n </enum>\n <header>\n Allowable statewide employment and training activities\n </header>\n <text>\n A State may use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities which may include—\n </text>\n <subparagraph id=\"H59872467E77A49DBA6D78756DA01E600\">\n <enum>\n (A)\n </enum>\n <text>\n implementing innovative programs and strategies designed to meet the needs of all employers in the State, including small employers, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnerships, career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title;\n </text>\n </subparagraph>\n <subparagraph id=\"H93424E6AB4B94216911D84004A7C076A\">\n <enum>\n (B)\n </enum>\n <text>\n providing incentive grants to local areas for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)), for local coordination of activities carried out under this Act, and for exemplary performance by local areas on the local performance measures;\n </text>\n </subparagraph>\n <subparagraph id=\"H4B15F50F8D314C93B1049FDF6B618B88\">\n <enum>\n (C)\n </enum>\n <text>\n developing strategies for effectively integrating programs and services among one-stop partners;\n </text>\n </subparagraph>\n <subparagraph id=\"H05E2364B95174D168D32874545CA57DC\">\n <enum>\n (D)\n </enum>\n <text>\n carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology;\n </text>\n </subparagraph>\n <subparagraph id=\"H98FFEB7BC2864B6897DE7B66E8E2683E\">\n <enum>\n (E)\n </enum>\n <text display-inline=\"yes-display-inline\">\n incorporating pay-for-performance contracting strategies, as defined in section 101(56), as an element in funding activities under this section and providing technical support to local areas and providers in order to carry out such strategy, which may provide assistance with data collection and data entry requirements;\n </text>\n </subparagraph>\n <subparagraph id=\"H9D616F4D72BB4E6B931D50C3C7091F43\">\n <enum>\n (F)\n </enum>\n <text>\n carrying out the State option under subsection (f)(8); and\n </text>\n </subparagraph>\n <subparagraph id=\"HB9FF3FE79D0145BCB9B7EA607A2551FF\">\n <enum>\n (G)\n </enum>\n <text>\n carrying out other activities authorized under this section that the State determines to be necessary to assist local areas in carrying out activities described in subsection (c) or (d) through the statewide workforce investment system.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HE0F659E7CBFD48229C794CCF3EDFDF26\">\n <enum>\n (4)\n </enum>\n <header>\n Statewide rapid response activities\n </header>\n <text display-inline=\"yes-display-inline\">\n A State shall use funds reserved as described in section 133(a)(2) to carry out statewide rapid response activities, which shall include—\n </text>\n <subparagraph id=\"H341CBA52C35A4A8380511547DE138C94\">\n <enum>\n (A)\n </enum>\n <text>\n provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas; and\n </text>\n </subparagraph>\n <subparagraph id=\"H92357B9FC70546B1B9069FA81223CDF5\">\n <enum>\n (B)\n </enum>\n <text>\n provision of additional assistance to local areas that experience disasters, mass layoffs or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HDA78D904838D4D75B5802DF0EDE70C17\">\n <enum>\n (5)\n </enum>\n <header>\n Statewide grants for individuals with barriers to employment\n </header>\n <subparagraph id=\"H909C531BECD64B1ABE97DCD73DD6C83A\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Of the funds reserved as described in section 133(a)(3), the Governor of a State—\n </text>\n <clause id=\"HA0E4FD830D8D4153BF21FB80AA316D15\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n may reserve up to 5 percent to provide technical assistance to, and conduct evaluations as described in section 136(e), of the programs and activities carried out under this paragraph; and\n </text>\n </clause>\n <clause id=\"H0C18BE9E8D0D4A6ABE3E605817F641AE\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n using the remainder, shall award grants on a competitive basis to eligible entities described in subparagraph (B) to carry out employment and training programs authorized under this paragraph for individuals with barriers to employment that meet specific performance outcomes and criteria established by the Governor.\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HCBBD4F2FAF1F489590B2AF1E217D2C61\">\n <enum>\n (B)\n </enum>\n <header>\n Eligible entity defined\n </header>\n <text display-inline=\"yes-display-inline\">\n For purposes of this paragraph, the term\n <term>\n eligible entity\n </term>\n means an entity that—\n </text>\n <clause id=\"HDAAD810F08F24C9FB7E1550FD26C103B\">\n <enum>\n (i)\n </enum>\n <text>\n is a—\n </text>\n <subclause id=\"H265DB29968374A0088EFAB78465FF603\">\n <enum>\n (I)\n </enum>\n <text>\n local board or a consortium of local boards;\n </text>\n </subclause>\n <subclause id=\"H15ACC3611A734308A1CBCBACA446583C\">\n <enum>\n (II)\n </enum>\n <text>\n nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities; or\n </text>\n </subclause>\n <subclause id=\"H8541EBB1CF0D4755A34179EEC391ADB1\">\n <enum>\n (III)\n </enum>\n <text>\n consortium of the entities described in subclauses (I) and (II);\n </text>\n </subclause>\n </clause>\n <clause id=\"HA30C587438124625ABDAB7A2CA9C8C67\">\n <enum>\n (ii)\n </enum>\n <text>\n has a demonstrated record of placing individuals into unsubsidized employment and serving hard to serve individuals; and\n </text>\n </clause>\n <clause id=\"H522DCF055D7F46F6BFDA402D8C8AAF96\">\n <enum>\n (iii)\n </enum>\n <text>\n agrees to be reimbursed primarily on the basis of achievement of specified performance outcomes and criteria established by the Governor.\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HBC88D92626254DAF93775A9F5533F067\">\n <enum>\n (C)\n </enum>\n <header>\n Grant period\n </header>\n <clause id=\"H926F35E6F82B4159A631F0127179E028\">\n <enum>\n (i)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n A grant under this paragraph shall be awarded for a period of 1 year.\n </text>\n </clause>\n <clause id=\"H0FD76E9640A341F5A1957081C267B29B\">\n <enum>\n (ii)\n </enum>\n <header>\n Grant renewal\n </header>\n <text display-inline=\"yes-display-inline\">\n A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph.\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H1A05565C45F9401FA3D2C2C522063823\">\n <enum>\n (D)\n </enum>\n <header>\n Eligible Participants\n </header>\n <text display-inline=\"yes-display-inline\">\n To be eligible to participate in activities under this paragraph, an individual shall be a low-income individual age 16 or older or a member of a low-income family.\n </text>\n </subparagraph>\n <subparagraph id=\"HB42FAC6A94F94528B81C3B6BFBD54166\">\n <enum>\n (E)\n </enum>\n <header>\n Use of Funds\n </header>\n <text display-inline=\"yes-display-inline\">\n An eligible entity receiving a grant under this paragraph shall use such funds for activities that are designed to assist eligible participants in obtaining employment and acquiring the education and skills necessary to succeed in the labor market.\n </text>\n </subparagraph>\n <subparagraph id=\"HFB8C2F2F9E424B758FE17D67F722CC6E\">\n <enum>\n (F)\n </enum>\n <header>\n Applications\n </header>\n <text display-inline=\"yes-display-inline\">\n To be eligible to receive a grant under this paragraph, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including—\n </text>\n <clause id=\"H1FAEB5F9710D43078C4F6EDD34615F68\">\n <enum>\n (i)\n </enum>\n <text>\n a description of how the strategies and activities will be aligned with the State plan submitted under section 112 and the local plan submitted under section 118 with respect to the areas of the State that will be the focus of grant activities under this paragraph;\n </text>\n </clause>\n <clause id=\"H471896EAA38046D6B8605F438FDD6517\">\n <enum>\n (ii)\n </enum>\n <text>\n a description of the educational and skills training programs and activities the eligible entity will provide to eligible participants under this paragraph;\n </text>\n </clause>\n <clause id=\"HDFA20EFB2FB84CA8BBCAE3805756CBFD\">\n <enum>\n (iii)\n </enum>\n <text>\n how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities;\n </text>\n </clause>\n <clause id=\"H69162FCD0DA6405F82FD42F3DE519F82\">\n <enum>\n (iv)\n </enum>\n <text>\n a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve the education and skills training for eligible participants;\n </text>\n </clause>\n <clause id=\"HE9CADEA24F064E7CB2D94FBED805C28A\">\n <enum>\n (v)\n </enum>\n <text>\n a description of the populations to be served and the skill needs of those populations, and the manner in which eligible participants will be recruited and selected as participants;\n </text>\n </clause>\n <clause id=\"HAA73FEA758CE463591187C4BC7088F30\">\n <enum>\n (vi)\n </enum>\n <text>\n a description of the private, public, local, and State resources that will be leveraged, in addition to the grant funds provided for the programs and activities under this paragraph, and how the entity will ensure the sustainability of such programs and activities after grant funds are no longer available;\n </text>\n </clause>\n <clause id=\"HB1471CBE2F924EADB4D103278314A9D4\">\n <enum>\n (vii)\n </enum>\n <text>\n a description of the extent of the involvement of employers in such programs and activities;\n </text>\n </clause>\n <clause id=\"H748BF0104B3941DDB5534F000B3B7B50\">\n <enum>\n (viii)\n </enum>\n <text>\n a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for all individuals specified in section in 136(b)(2);\n </text>\n </clause>\n <clause id=\"H9984B9E114094D3689A971AA160B36B6\">\n <enum>\n (ix)\n </enum>\n <text>\n a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures that will be used to ensure fiscal soundness for the programs and activities provided under this paragraph; and\n </text>\n </clause>\n <clause id=\"HC4FCBF16DA3147CB806ADF32E421D2F9\">\n <enum>\n (x)\n </enum>\n <text>\n any other criteria the Governor may require.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n </subsection>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H9091E07E056043BA812C2830E4CECCDB\">\n <enum>\n (2)\n </enum>\n <text>\n by amending subsection (b) to read as follows:\n </text>\n <quoted-block id=\"H06B8126AAA524CE3888D41B2DE549CF1\" style=\"OLC\">\n <subsection id=\"H6DB0131A4C4F4491BBBB91C3F5171DD4\">\n <enum>\n (b)\n </enum>\n <header>\n Local employment and training activities\n </header>\n <text>\n Funds allocated to a local area under section 133(b)—\n </text>\n <paragraph id=\"H351C9142A1A74966943BB45B80E740F7\">\n <enum>\n (1)\n </enum>\n <text>\n shall be used to carry out employment and training activities described in subsection (c); and\n </text>\n </paragraph>\n <paragraph id=\"H24C23CCBC9CD4976A73BA6E6A8CA553D\">\n <enum>\n (2)\n </enum>\n <text>\n may be used to carry out employment and training activities described in subsection (d).\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H2719E31FB065471D943E3A704F1A6651\">\n <enum>\n (3)\n </enum>\n <text>\n by striking subsection (c);\n </text>\n </paragraph>\n <paragraph id=\"H28324D88C9D748EC8ABCED20FD5C2AFF\">\n <enum>\n (4)\n </enum>\n <text>\n by redesignating subsections (d) and (e), as subsections (c) and (d), respectively;\n </text>\n </paragraph>\n <paragraph id=\"H37B4569B7BF54C319D24740A172F5883\">\n <enum>\n (5)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in subsection (c) (as so redesignated)—\n </text>\n <subparagraph id=\"HC668E50ACA044F2284DC479C913BAD0A\">\n <enum>\n (A)\n </enum>\n <text>\n by amending paragraph (1) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HFC3C0E1E1B4448F0AEB175625724D839\" style=\"OLC\">\n <paragraph id=\"H438DDF6CB52749018299F63C52F4BD97\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Funds allocated to a local area under section 133(b) shall be used—\n </text>\n <subparagraph id=\"H231F81576E894F1CBFC0AA5A4DF93C1E\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to establish a one-stop delivery system as described in section 121(e);\n </text>\n </subparagraph>\n <subparagraph id=\"H27870FA419694E94881E871DED38CC7E\">\n <enum>\n (B)\n </enum>\n <text>\n to provide the work ready services described in paragraph (2) through the one-stop delivery system in accordance with such paragraph; and\n </text>\n </subparagraph>\n <subparagraph id=\"HE708C9A7F9704B49AE5820A362854E07\">\n <enum>\n (C)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to provide training services described in paragraph (4) in accordance with such paragraph.\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H257A13F4255046BF984E77E5CF580B0C\">\n <enum>\n (B)\n </enum>\n <text>\n in paragraph (2)—\n </text>\n <clause id=\"HA8CAEE634F6B4E16B05480A21D2BBF8A\">\n <enum>\n (i)\n </enum>\n <text>\n in the heading, by striking\n <quote>\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Core services\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Work ready services\n </header-in-text>\n </quote>\n ;\n </text>\n </clause>\n <clause id=\"HF052F1012D0E42E98744FAFDBE58E557\">\n <enum>\n (ii)\n </enum>\n <text>\n in the matter preceding subparagraph (A)—\n </text>\n <subclause id=\"HB0958328C23F41A2B9B8F253F54FB483\">\n <enum>\n (I)\n </enum>\n <text>\n by striking\n <quote>\n (1)(A)\n </quote>\n and inserting\n <quote>\n (1)(B)\n </quote>\n ;\n </text>\n </subclause>\n <subclause id=\"H246E15C5893A4CF6A1127D91375E1FBE\">\n <enum>\n (II)\n </enum>\n <text>\n by striking\n <quote>\n core services\n </quote>\n and inserting\n <quote>\n work ready services\n </quote>\n ; and\n </text>\n </subclause>\n <subclause id=\"H3E0BCD87CA104CFAB6F1A1D30BE8658B\">\n <enum>\n (III)\n </enum>\n <text>\n by striking\n <quote>\n who are adults or dislocated workers\n </quote>\n ;\n </text>\n </subclause>\n </clause>\n <clause id=\"HFEF420AA163948EEA1D4F5215A5FDCB1\">\n <enum>\n (iii)\n </enum>\n <text>\n by redesignating subparagraph (K) as subparagraph (V);\n </text>\n </clause>\n <clause id=\"H9C5FE72678C5414E9372D9560A0E6393\">\n <enum>\n (iv)\n </enum>\n <text>\n by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively;\n </text>\n </clause>\n <clause id=\"H6CD74454FB884064938CA07167A094C2\">\n <enum>\n (v)\n </enum>\n <text>\n by inserting after subparagraph (A) the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HC73F0CB1FE884B25BBD6DD11AD8A9157\" style=\"OLC\">\n <subparagraph id=\"H784D555873BF46D289054AB71A59923C\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n assistance in obtaining eligibility determinations under the other one-stop partner programs through activities, where appropriate and consistent with the authorizing statute of the one-stop partner program, such as assisting in the submission of applications, the provision of information on the results of such applications, and the provision of intake services and information;\n </text>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </clause>\n <clause display-inline=\"no-display-inline\" id=\"H957BADEE43E641048F3626410B6FABB7\">\n <enum>\n (vi)\n </enum>\n <text>\n by amending subparagraph (E), as so redesignated, to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HCCE9BA8F75974E81B9414246DEBD9FE3\" style=\"OLC\">\n <subparagraph id=\"HF7D2F1EA23604263BB512F4919028AE7\">\n <enum>\n (E)\n </enum>\n <text display-inline=\"yes-display-inline\">\n labor exchange services, including—\n </text>\n <clause id=\"HFD4D6896AB94451F8E0DDB44A5687B18\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n job search and placement assistance, and where appropriate, career counseling;\n </text>\n </clause>\n <clause id=\"H0FA8A846D6F54892B3EA0C91528447A2\">\n <enum>\n (ii)\n </enum>\n <text>\n appropriate recruitment services for employers, including small employers, in the local area, which may include services described in this subsection, including information and referral to specialized business services not traditionally offered through the one-stop delivery system; and\n </text>\n </clause>\n <clause id=\"HC57F6016387B44B9A4CA2229C99351D6\">\n <enum>\n (iii)\n </enum>\n <text>\n reemployment services provided to unemployment claimants, including claimants identified as in need of such services under the worker profiling system established under section 303(j) of the Social Security Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/503\">\n 42 U.S.C. 503(j)\n </external-xref>\n );\n </text>\n </clause>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </clause>\n <clause id=\"HE2B043A601A04F3BBB5A7CAB7E78F865\">\n <enum>\n (vii)\n </enum>\n <text>\n in subparagraph (F), as so redesignated, by striking\n <quote>\n employment statistics\n </quote>\n and inserting\n <quote>\n workforce and labor market\n </quote>\n ;\n </text>\n </clause>\n <clause id=\"H7C82061D7CBB4DA497AF81EE7186A18B\">\n <enum>\n (viii)\n </enum>\n <text>\n in subparagraph (G), as so redesignated, by striking\n <quote>\n and eligible providers of youth activities described in section 123,\n </quote>\n ;\n </text>\n </clause>\n <clause id=\"HAFA36A0E3207415D852500C6B0B707B9\">\n <enum>\n (ix)\n </enum>\n <text>\n in subparagraph (H), as so redesignated, by inserting\n <quote>\n under section 136\n </quote>\n after\n <quote>\n local performance measures\n </quote>\n ;\n </text>\n </clause>\n <clause id=\"H07E885C2AEE04E2388BAEE4BB760AB98\">\n <enum>\n (x)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in subparagraph (J), as so redesignated, by inserting\n <quote>\n and the administration of the work test for the unemployment compensation system\n </quote>\n after\n <quote>\n compensation\n </quote>\n ;\n </text>\n </clause>\n <clause id=\"H722F97407F4A4D95B544FDA34894FAC0\">\n <enum>\n (xi)\n </enum>\n <text>\n by amending subparagraph (K), as so redesignated, to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HDE84BD474739465084FBEC7B0410FBE8\" style=\"OLC\">\n <subparagraph id=\"HD7456C00789540469F1C2A8F409E02FA\">\n <enum>\n (K)\n </enum>\n <text display-inline=\"yes-display-inline\">\n assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act and are available in the local area;\n </text>\n </subparagraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </clause>\n <clause id=\"H9026238241E246B4A108838D535A4E38\">\n <enum>\n (xii)\n </enum>\n <text>\n by inserting the following new subparagraphs after subparagraph (K), as so redesignated:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HEB1CC2C78DBF47B5BF151C6E6A75AC3A\" style=\"OLC\">\n <subparagraph id=\"H945606B6217548BA8A836BC1F46C9C78\">\n <enum>\n (L)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the provision of information from official publications of the Internal Revenue Service regarding Federal tax credits available to individuals relating to education, job training and employment;\n </text>\n </subparagraph>\n <subparagraph id=\"H4A11D26D937440078318583249D4B9DC\">\n <enum>\n (M)\n </enum>\n <text>\n comprehensive and specialized assessments of the skill levels and service needs of workers, which may include—\n </text>\n <clause id=\"H9EDDF00168E94348B88D5E981EFCD5AB\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n diagnostic testing and use of other assessment tools; and\n </text>\n </clause>\n <clause id=\"H02FEB9849B374F869B47DF2940FE07DE\">\n <enum>\n (ii)\n </enum>\n <text>\n in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals;\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HF88DC2DCC1C04981B1B3E98F40851207\">\n <enum>\n (N)\n </enum>\n <text display-inline=\"yes-display-inline\">\n development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant;\n </text>\n </subparagraph>\n <subparagraph id=\"HF2FB954F23514E229030675C4B567290\">\n <enum>\n (O)\n </enum>\n <text>\n group counseling;\n </text>\n </subparagraph>\n <subparagraph id=\"H7C5C3FD1806E4D9695A7CF6F99F12252\">\n <enum>\n (P)\n </enum>\n <text>\n individual counseling and career planning;\n </text>\n </subparagraph>\n <subparagraph id=\"H51ECC859A24F4F9389A4D259A031792A\">\n <enum>\n (Q)\n </enum>\n <text>\n case management;\n </text>\n </subparagraph>\n <subparagraph id=\"H881D6CBC22DF429BA495A20ADF0B456C\">\n <enum>\n (R)\n </enum>\n <text>\n short-term pre-career services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training;\n </text>\n </subparagraph>\n <subparagraph id=\"H0C6D6425940A4F31B8BFA30D46861182\">\n <enum>\n (S)\n </enum>\n <text>\n internships and work experience;\n </text>\n </subparagraph>\n <subparagraph id=\"HB1075B05274345DD9553F2D4C0E5AD51\">\n <enum>\n (T)\n </enum>\n <text>\n literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if such activities are not available to participants in the local area under programs administered under the Adult Education and Family Literacy Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/2901\">\n 20 U.S.C. 2901 et seq.\n </external-xref>\n );\n </text>\n </subparagraph>\n <subparagraph id=\"H03DFB62021E043AB880A759FE0A447BE\">\n <enum>\n (U)\n </enum>\n <text>\n out-of-area job search assistance and relocation assistance; and\n </text>\n </subparagraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </clause>\n </subparagraph>\n <subparagraph id=\"HA84B346B17DC434DAB5AD77BAA7EACE9\">\n <enum>\n (C)\n </enum>\n <text>\n by amending paragraph (3) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H9A2C33D9DC844B5CA2EC0C516C852167\" style=\"OLC\">\n <paragraph id=\"HFBDD40933AE844ACAE3006CD9318FFFB\">\n <enum>\n (3)\n </enum>\n <header>\n Delivery of services\n </header>\n <text>\n The work ready services described in paragraph (2) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board.\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H5B7F5DABD7F1457CAE4334277F8FF7F3\">\n <enum>\n (D)\n </enum>\n <text>\n in paragraph (4)—\n </text>\n <clause id=\"HBDD00BC219574D5FB50859340450EC6B\">\n <enum>\n (i)\n </enum>\n <text>\n by amending subparagraph (A) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HDC321D06D0394F26B3DE4A5857117F54\" style=\"OLC\">\n <subparagraph id=\"H29C34672421F4B8784F3E6DFB2758EA9\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Funds described in paragraph (1)(C) shall be used to provide training services to individuals who—\n </text>\n <clause id=\"H6A72B3CEB5E24E6BAF65B754A4EA8D53\">\n <enum>\n (i)\n </enum>\n <text>\n after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to—\n </text>\n <subclause id=\"HE3035070988040C0B61BEEE2AECD1DB2\">\n <enum>\n (I)\n </enum>\n <text>\n be in need of training services to obtain or retain employment; and\n </text>\n </subclause>\n <subclause id=\"HB33582BF668D4914863EC3CE1BCAB7FB\">\n <enum>\n (II)\n </enum>\n <text>\n have the skills and qualifications to successfully participate in the selected program of training services;\n </text>\n </subclause>\n </clause>\n <clause id=\"H212ACA9ED35A4DF99029D835C7D68FAA\">\n <enum>\n (ii)\n </enum>\n <text>\n select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the individual receiving such services are willing to commute or relocate; and\n </text>\n </clause>\n <clause id=\"H47FA9B5922DD42EA8EFCBCAF3634CFC3\">\n <enum>\n (iii)\n </enum>\n <text>\n who meet the requirements of subparagraph (B);\n </text>\n </clause>\n </subparagraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </clause>\n <clause id=\"H196A29008D4B4E16BEDD497F82755DE8\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in subparagraph (B)(i), by striking\n <quote>\n Except\n </quote>\n and inserting\n <quote>\n Notwithstanding section 479B of the Higher Education Act of 1965 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/1087uu\">\n 20 U.S.C. 1087uu\n </external-xref>\n ) and except\n </quote>\n ;\n </text>\n </clause>\n <clause id=\"H57D37A841011457383D06574E73E3F60\">\n <enum>\n (iii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by amending subparagraph (D) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HF2B9445CD99B483582A3C7B04560F75D\" style=\"OLC\">\n <subparagraph id=\"HB8927C496FD849C983B445A2297983F0\">\n <enum>\n (D)\n </enum>\n <header>\n Training services\n </header>\n <text>\n Training services authorized under this paragraph may include—\n </text>\n <clause id=\"H7CE2485587C54D8DA1A9B4FE23102452\">\n <enum>\n (i)\n </enum>\n <text>\n occupational skills training;\n </text>\n </clause>\n <clause id=\"H5366340C5C00440AB1A6FA832C8749FE\">\n <enum>\n (ii)\n </enum>\n <text>\n on-the-job training;\n </text>\n </clause>\n <clause id=\"H3A938FBFB4974E808D06A5817A3A8AF6\">\n <enum>\n (iii)\n </enum>\n <text>\n skill upgrading and retraining;\n </text>\n </clause>\n <clause id=\"H1A40A5219FD04275A2E1F48EDA3FBED0\">\n <enum>\n (iv)\n </enum>\n <text>\n entrepreneurial training;\n </text>\n </clause>\n <clause id=\"HD538DF97A9E643EBA91E45D0EC0A6C3C\">\n <enum>\n (v)\n </enum>\n <text>\n education activities leading to a regular secondary school diploma or its recognized equivalent in combination with, concurrently or subsequently, occupational skills training;\n </text>\n </clause>\n <clause id=\"H6175E0075EEB4F6F88D7ECE72B41A039\">\n <enum>\n (vi)\n </enum>\n <text>\n adult education and literacy activities provided in conjunction with other training authorized under this subparagraph;\n </text>\n </clause>\n <clause id=\"H043A9EAF82A4486BAF0A854048D524D4\">\n <enum>\n (vii)\n </enum>\n <text>\n workplace training combined with related instruction;\n </text>\n </clause>\n <clause id=\"H9BF4571D5248447199B6D48F84C418EF\">\n <enum>\n (viii)\n </enum>\n <text>\n occupational skills training that incorporates English language acquisition;\n </text>\n </clause>\n <clause id=\"HA444E5F773CF461DA13114A4B07FBEE3\">\n <enum>\n (ix)\n </enum>\n <text>\n customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; and\n </text>\n </clause>\n <clause id=\"H07A126E79E2B4C3EB5B164DC6A0BF456\">\n <enum>\n (x)\n </enum>\n <text>\n training programs operated by the private sector.\n </text>\n </clause>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </clause>\n <clause id=\"HDC659E6ECCED4CBA9A239CA554031165\">\n <enum>\n (iv)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and\n </text>\n </clause>\n <clause id=\"H210D815634344FA29A565F33FBA8C32C\">\n <enum>\n (v)\n </enum>\n <text>\n in subparagraph (E) (as so redesignated)—\n </text>\n <subclause id=\"H57A18B42CD5B4DA490B901F87CD2430F\">\n <enum>\n (I)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in clause (ii)—\n </text>\n <item id=\"H993A13E0780C4CE2B10AD5C17662578F\">\n <enum>\n (aa)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in the matter preceding subclause (I), by striking\n <quote>\n subsection (c)\n </quote>\n and inserting\n <quote>\n section 121\n </quote>\n ;\n </text>\n </item>\n <item id=\"H6BFC6A4495484E6ABF61D49E876D5A7E\">\n <enum>\n (bb)\n </enum>\n <text>\n in subclause (I), by striking\n <quote>\n section 122(e)\n </quote>\n and inserting\n <quote>\n section 122(d)\n </quote>\n and by striking\n <quote>\n section 122(h)\n </quote>\n and inserting\n <quote>\n section 122(i)\n </quote>\n ; and\n </text>\n </item>\n <item id=\"H8944D1D9DEDD4540B74C1007D2EFC2C1\">\n <enum>\n (cc)\n </enum>\n <text>\n in subclause (II), by striking\n <quote>\n subsections (e) and (h)\n </quote>\n and inserting\n <quote>\n subsection (i)\n </quote>\n ; and\n </text>\n </item>\n </subclause>\n <subclause id=\"H2071E20C95C54F7A859CC90653DE5801\">\n <enum>\n (II)\n </enum>\n <text>\n by striking clause (iii) and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H5C2FB9EA6A544E65BF943D74981EA41A\" style=\"OLC\">\n <clause id=\"HE847B0EE9F6B44A1BE50BAAA38BE711F\">\n <enum>\n (iii)\n </enum>\n <header>\n Career enhancement accounts\n </header>\n <text display-inline=\"yes-display-inline\">\n An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through a career enhancement account.\n </text>\n </clause>\n <clause id=\"HDFD2CDACBFEB4BE1B01C82E26C34E169\">\n <enum>\n (iv)\n </enum>\n <header>\n Coordination\n </header>\n <text>\n Each local board may, through one-stop centers, coordinate career enhancement accounts with other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services.\n </text>\n </clause>\n <clause id=\"HC1E6EA24FF374F2A9D43D0CDC4985068\">\n <enum>\n (v)\n </enum>\n <header>\n Assistance\n </header>\n <text>\n Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts in obtaining funds (in addition to the funds provided under this section) from other programs and sources that will assist the individual in obtaining training services.\n </text>\n </clause>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </subclause>\n </clause>\n <clause id=\"H42D06269894841A888C2F8244462A5B1\">\n <enum>\n (vi)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in subparagraph (F) (as so redesignated)—\n </text>\n <subclause id=\"HB18F0689EB5741798357D6682A10A1C0\">\n <enum>\n (I)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in the subparagraph heading, by striking\n <quote>\n <header-in-text level=\"subparagraph\" style=\"OLC\">\n individual training accounts\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"subparagraph\" style=\"OLC\">\n career enhancement accounts\n </header-in-text>\n </quote>\n ;\n </text>\n </subclause>\n <subclause id=\"H32749B6FC0F4479C8945CCCF9AA25EC5\">\n <enum>\n (II)\n </enum>\n <text>\n in clause (i) by striking\n <quote>\n individual training accounts\n </quote>\n and inserting\n <quote>\n career enhancement accounts\n </quote>\n ;\n </text>\n </subclause>\n <subclause id=\"H1A4F183E884D47A9B40D36DADB8C5678\">\n <enum>\n (III)\n </enum>\n <text>\n in clause (ii)—\n </text>\n <item id=\"HD06B3C674E6D4B16904885DA721BC7C1\">\n <enum>\n (aa)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking\n <quote>\n an individual training account\n </quote>\n and inserting\n <quote>\n a career enhancement account\n </quote>\n ;\n </text>\n </item>\n <item id=\"HA3D4EB26E2C141858FD5672A68CEF9CB\">\n <enum>\n (bb)\n </enum>\n <text>\n by striking\n <quote>\n subparagraph (F)\n </quote>\n and inserting\n <quote>\n subparagraph (E)\n </quote>\n ;\n </text>\n </item>\n <item id=\"HA451C01776E248A6B0DBFCE5D024B318\">\n <enum>\n (cc)\n </enum>\n <text>\n in subclause (II), by striking\n <quote>\n individual training accounts\n </quote>\n and inserting\n <quote>\n career enhancement accounts\n </quote>\n ;\n </text>\n </item>\n <item id=\"HEE3D5509C5FE41B8A165CDE6B490165C\">\n <enum>\n (dd)\n </enum>\n <text>\n in subclause (II) by striking\n <quote>\n or\n </quote>\n after the semicolon;\n </text>\n </item>\n <item id=\"H7A01C8F10C834A37AA363D30438B0A18\">\n <enum>\n (ee)\n </enum>\n <text>\n in subclause (III) by striking the period and inserting\n <quote>\n ; or\n </quote>\n ; and\n </text>\n </item>\n <item id=\"H26A70145A11942499EFF772751AB0FCF\">\n <enum>\n (ff)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HF5A821CCB7634A3C9F4B8B25F58036B8\" style=\"OLC\">\n <subclause id=\"HB5D8A177306843B9B1EEAD9DB1F63DD0\">\n <enum>\n (IV)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the local board determines that it would be most appropriate to award a contract to an institution of higher education that has been identified as a priority provider under section 117(d)(5)(B) in order to facilitate the training of multiple individuals in in-demand sectors or occupations, and which may be used to enable the expansion of programs provided by a priority provider, if such contract does not limit customer choice.\n </text>\n </subclause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </item>\n </subclause>\n <subclause id=\"HFBECF4358D924B419177E8A922B9A882\">\n <enum>\n (IV)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in clause (iii), by striking\n <quote>\n adult or dislocated worker\n </quote>\n and inserting\n <quote>\n individual\n </quote>\n ; and\n </text>\n </subclause>\n <subclause id=\"H4AB014150D804C43A2B5EA87872928DF\">\n <enum>\n (V)\n </enum>\n <text>\n in clause (iv)—\n </text>\n <item id=\"H2A7801CA577C47E6B19AE35692A6D0F2\">\n <enum>\n (aa)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by redesignating subclause (IV) as subclause (V) and inserting after subclause (III) the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H95775867C2BC4891B5E44F3C1AFEEF3E\" style=\"OLC\">\n <subclause id=\"H35933CF63AB74A05B6490C41C8E05D4A\">\n <enum>\n (IV)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Individuals with disabilities.\n </text>\n </subclause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </item>\n </subclause>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H24D16B7180524A1AA47F192F32AFC39C\">\n <enum>\n (6)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in subsection (d) (as so redesignated)—\n </text>\n <subparagraph id=\"HC423416BF99E4DC9A6F4C4B3637D8021\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by amending paragraph (1) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HD4535A9B4A4440E987A9E75242D98FA2\" style=\"OLC\">\n <paragraph id=\"HA11994DF7D994AB5A4CF1BD45712E7F3\">\n <enum>\n (1)\n </enum>\n <header>\n Discretionary one-stop delivery activities\n </header>\n <subparagraph id=\"H373689C8B50D4AE396D15D414CFC6A67\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Funds allocated to a local area under section 133(b)(2) may be used to provide, through the one-stop delivery system—\n </text>\n <clause id=\"HC7A68C45A5E948C0BDCA644A68AC77C0\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n customized screening and referral of qualified participants in training services to employers;\n </text>\n </clause>\n <clause id=\"H1B8A2BE438BE4221971A944EB9F7F17C\">\n <enum>\n (ii)\n </enum>\n <text>\n customized employment-related services to employers on a fee-for-service basis;\n </text>\n </clause>\n <clause id=\"H8D05C1D388BD4F3BB6BC20306C034046\">\n <enum>\n (iii)\n </enum>\n <text>\n customer supports, including transportation and childcare, to navigate among multiple services and activities for special participant populations that face multiple barriers to employment, including individuals with disabilities;\n </text>\n </clause>\n <clause id=\"H3853409D3A8941EF8D511749676EAC16\">\n <enum>\n (iv)\n </enum>\n <text>\n employment and training assistance provided in coordination with child support enforcement activities of the State agency carrying out subtitle D of title IV of the Social Security Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/651\">\n 42 U.S.C. 651 et seq.\n </external-xref>\n );\n </text>\n </clause>\n <clause id=\"H07377AD2F76D4A32B9BE607E97191FEE\">\n <enum>\n (v)\n </enum>\n <text>\n incorporating pay-for-performance contract strategies, as defined in section 101(56), as an element in funding activities under this section;\n </text>\n </clause>\n <clause id=\"HD6F4303A8F3848D6BA04A579AE2B2EA2\">\n <enum>\n (vi)\n </enum>\n <text>\n activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and\n </text>\n </clause>\n <clause id=\"H37BFE14A84994B1BA4FF759B4D56239B\">\n <enum>\n (vii)\n </enum>\n <text>\n activities to carry out business services and strategies that meet the workforce investment needs of local area employers, as determined by the local board, consistent with the local plan under section 118.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H95D69BFC5E4A4934AB8BC393EA6072BC\">\n <enum>\n (B)\n </enum>\n <text>\n by striking paragraphs (2) and (3); and\n </text>\n </subparagraph>\n <subparagraph id=\"H1D1D4C3FF23D4325A21EA458528A6F1E\">\n <enum>\n (C)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HD68FCDA0919246C1970421780EF1BDD0\" style=\"OLC\">\n <paragraph id=\"HFA5FF7ADCB3F4008B06B6ED99421945B\">\n <enum>\n (2)\n </enum>\n <header>\n Incumbent worker training programs\n </header>\n <subparagraph id=\"H8FC1A8C800EA47919735D88F38D4B633\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n The local board may use funds allocated to a local area under section 133(b)(2) to carry out incumbent worker training programs in accordance with this paragraph.\n </text>\n </subparagraph>\n <subparagraph id=\"H41558F83793A40449DB95C9DEDCF593B\">\n <enum>\n (B)\n </enum>\n <header>\n Training activities\n </header>\n <text>\n The training programs for incumbent workers under this paragraph shall be carried out by the local area in conjunction with the employers of such workers for the purpose of assisting such workers in obtaining the skills necessary to retain employment and avert layoffs.\n </text>\n </subparagraph>\n <subparagraph id=\"H96EF522C64894B1E8055E0552357EEC4\">\n <enum>\n (C)\n </enum>\n <header>\n Employer match required\n </header>\n <clause id=\"HC803961838414278A330F6E6558B0387\">\n <enum>\n (i)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Employers participating in programs under this paragraph shall be required to pay a proportion of the costs of providing the training to the incumbent workers of the employers. The local board shall establish the required portion of such costs, which may include in-kind contributions.\n </text>\n </clause>\n <clause id=\"HADA5BA17A64245C58EE571B15E2AE98D\">\n <enum>\n (ii)\n </enum>\n <header>\n Calculation of match\n </header>\n <text>\n The wages paid by an employer to a worker while they are attending training may be included as part of the required payment of the employer.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HD15941ED9CC447BBB9F701373C5CA963\">\n <enum>\n (7)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by adding at the end the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H6D992E6ECD0749019CF19907ECEC80FA\" style=\"OLC\">\n <subsection id=\"H727AEF8A9A5C41AE983411623B403440\">\n <enum>\n (e)\n </enum>\n <header>\n Priority for Placement in Private Sector Jobs\n </header>\n <text display-inline=\"yes-display-inline\">\n In providing employment and training activities authorized under this section, the State and local board shall give priority to placing participants in jobs in the private sector.\n </text>\n </subsection>\n <subsection id=\"HAB3AF771468643D5A995906B67D7AC6F\">\n <enum>\n (f)\n </enum>\n <header>\n Veteran employment specialist\n </header>\n <paragraph id=\"HB2BC427FD6C44D9EAE6B97A2256D3D12\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Subject to paragraph (8), a local board shall hire and employ one or more veteran employment specialist to carry out employment, training, and placement services under this subsection in the local area served by the local board.\n </text>\n </paragraph>\n <paragraph id=\"HC1C4B411B3F64119A998DD08CD48A1E1\">\n <enum>\n (2)\n </enum>\n <header>\n Principal duties\n </header>\n <text>\n A veteran employment specialist in a local area shall—\n </text>\n <subparagraph id=\"H1F891DFC2CDD4932AB54426563AF07F4\">\n <enum>\n (A)\n </enum>\n <text>\n conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including—\n </text>\n <clause id=\"H8EB6CFE60CAC49108001C8609EF98CCC\">\n <enum>\n (i)\n </enum>\n <text>\n conducting seminars for employers; and\n </text>\n </clause>\n <clause id=\"H73C03A20CEA34F2C857F5A7FF2979B43\">\n <enum>\n (ii)\n </enum>\n <text>\n in conjunction with employers, conducting job search workshops, and establishing job search groups; and\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HBDCE1AA94A6B492AAE211603EE05D7B1\">\n <enum>\n (B)\n </enum>\n <text>\n facilitate employment, training, supportive, and placement services furnished to veterans, including disabled and homeless veterans, in the local area.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H0011FC36125D4055A8A09B76F5DACE2C\">\n <enum>\n (3)\n </enum>\n <header>\n Hiring preference for veterans and individuals with expertise in serving veterans\n </header>\n <text display-inline=\"yes-display-inline\">\n Subject to paragraph (8), a local board shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to carry out the services described in paragraph (2) in the local area served by the local board. In hiring an individual to serve as a veteran employment specialist, a local board shall give preference to veterans and other individuals in the following order:\n </text>\n <subparagraph id=\"H360FF6260ACE4D03BBD193CE8509ACD8\">\n <enum>\n (A)\n </enum>\n <text>\n To service-connected disabled veterans.\n </text>\n </subparagraph>\n <subparagraph id=\"H848873D83076453FB6B6C8C8173715E1\">\n <enum>\n (B)\n </enum>\n <text>\n If no veteran described in subparagraph (A) is available, to veterans.\n </text>\n </subparagraph>\n <subparagraph id=\"HF93635F0DBF046AA966F0FDD85A3B56F\">\n <enum>\n (C)\n </enum>\n <text>\n If no veteran described in subparagraph (A) or (B) is available, to any member of the Armed Forces transitioning out of military service.\n </text>\n </subparagraph>\n <subparagraph id=\"H6B8E479716224C30B5DDFB8B1939A739\">\n <enum>\n (D)\n </enum>\n <text>\n If no veteran described in subparagraph (A), (B), or (C) is available, to any spouse of a veteran or a spouse of a member of the Armed Forces transitioning out of military service.\n </text>\n </subparagraph>\n <subparagraph id=\"H8D0A0DB4715D4C44A21BE466A17C2BE0\">\n <enum>\n (E)\n </enum>\n <text>\n If no veteran described in subparagraph (A), (B), or (C) is available and no spouse described in paragraph (D) is available, to any other individuals with expertise in serving veterans.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H16F42AC4108942B5B71B5787D0FCB11B\">\n <enum>\n (4)\n </enum>\n <header>\n Administration and reporting\n </header>\n <subparagraph id=\"HE5D0F90AFFBD483E88D340F19B78A50C\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text>\n Each veteran employment specialist shall be administratively responsible to the manager of the one-stop delivery center in the local area and shall provide, at a minimum, quarterly reports to the manager of such center and to the Director for Veterans’ Employment and Training for the State on the performance and compliance by the specialist with Federal law and regulations with respect to the—\n </text>\n <clause id=\"H6B93094F3F05454181B248532B8222E9\">\n <enum>\n (i)\n </enum>\n <text>\n principal duties and special services for veterans described in paragraph (2); and\n </text>\n </clause>\n <clause id=\"H2E21BDF8D7CC4770892598A958A0D5C2\">\n <enum>\n (ii)\n </enum>\n <text>\n hiring preferences described in paragraph (3) for veterans and individuals with expertise in serving veterans.\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HA502AF9ABEC84E299C37794DF326827E\">\n <enum>\n (B)\n </enum>\n <header>\n Report to Secretary\n </header>\n <text>\n Each State shall submit to the Secretary an annual report on the qualifications used by the local board in making hiring determinations for a veteran employment specialist and the salary structure under which such specialist is compensated.\n </text>\n </subparagraph>\n <subparagraph id=\"HEA3DEE39109943ADB5117A9E2EF206C7\">\n <enum>\n (C)\n </enum>\n <header>\n Report to Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n The Secretary shall submit to the Committee on Education and the Workforce and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the Senate an annual report summarizing the reports submitted under subparagraph (B), including summaries of outcomes achieved by participating veterans disaggregated by local areas.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HEA1F3CAB13C4488F8897954386726ED6\">\n <enum>\n (5)\n </enum>\n <header>\n Part-time employees\n </header>\n <text>\n A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this subsection on a halftime basis.\n </text>\n </paragraph>\n <paragraph id=\"H93808F1325144561959BDC5C54EB2492\">\n <enum>\n (6)\n </enum>\n <header>\n Training requirements\n </header>\n <text>\n Each veteran employment specialist described in paragraph (2) shall satisfactorily complete training provided by the National Veterans' Employment and Training Institute during the three-year period that begins on the date on which the employee is so assigned.\n </text>\n </paragraph>\n <paragraph id=\"H9599040D7EB642FFA7DC43FAEFF68102\">\n <enum>\n (7)\n </enum>\n <header>\n Specialist’s duties\n </header>\n <text display-inline=\"yes-display-inline\">\n A full-time veteran employment specialist shall perform only duties related to the employment, training, supportive, and placement services under this subsection, and shall not perform other non-veteran-related duties if such duties detract from the specialist’s ability to perform the specialist's duties related to employment, training, and placement services under this subsection.\n </text>\n </paragraph>\n <paragraph id=\"H747DA94E61974F74A840EE0C973B9F17\">\n <enum>\n (8)\n </enum>\n <header>\n State option\n </header>\n <text display-inline=\"yes-display-inline\">\n At the request of a local board, a State may assume the duties assigned to the local board under paragraphs (1) and (3), including the hiring and employment of one or more veteran employment specialist for placement in the local area served by the local board.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H8177E55A6B534A9280309FEFBFB5DA32\">\n <enum>\n 114.\n </enum>\n <header>\n Performance accountability system\n </header>\n <text display-inline=\"no-display-inline\">\n Section 136 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2871\">\n 29 U.S.C. 2871\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HCF23282017B94FFF9F6D7CB518831CAD\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (b)—\n </text>\n <subparagraph id=\"H5E37BC90315A40228FEA935E05CA0182\">\n <enum>\n (A)\n </enum>\n <text>\n by amending paragraphs (1) and (2) to read as follows:\n </text>\n <quoted-block id=\"H3D1CCDDBBF144745A52D9C14FE223DCA\" style=\"OLC\">\n <paragraph id=\"H0EA9767BE6704407B0B03AB5C5A472B8\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n For each State, the State performance measures shall consist of—\n </text>\n <subparagraph id=\"H9AE16A9DE66940A2806BF98B9DE0826B\">\n <enum>\n (A)\n </enum>\n <clause commented=\"no\" display-inline=\"yes-display-inline\" id=\"H9629830E6CF549E3B1A2951DEC1EAED6\">\n <enum>\n (i)\n </enum>\n <text>\n the core indicators of performance described in paragraph (2)(A); and\n </text>\n </clause>\n <clause id=\"H1D3855896DFA4F96BB598D8F24BEDCE8\" indent=\"up1\">\n <enum>\n (ii)\n </enum>\n <text>\n additional indicators of performance (if any) identified by the State under paragraph (2)(B); and\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HDFFCF5EE056B4A2182A471B7255D3A06\">\n <enum>\n (B)\n </enum>\n <text>\n a State adjusted level of performance for each indicator described in subparagraph (A).\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HFA8FBC92DDEF4995862557267F4988A7\">\n <enum>\n (2)\n </enum>\n <header>\n Indicators of performance\n </header>\n <subparagraph id=\"HFDD21141470642199718CD2FA1A7E661\">\n <enum>\n (A)\n </enum>\n <header>\n Core indicators of performance\n </header>\n <clause id=\"HFF2AF11AD6CF45289B9DFB44AE10E3C0\">\n <enum>\n (i)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n The core indicators of performance for the program of employment and training activities authorized under sections 132(a)(2) and 134, the program of adult education and literacy activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/720\">\n 29 U.S.C. 720 et seq.\n </external-xref>\n ), other than section 112 or part C of that title (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/732\">\n 29 U.S.C. 732\n </external-xref>\n , 741), shall consist of the following indicators of performance, each disaggregated by the populations identified in the State and local plans:\n </text>\n <subclause id=\"H7B2E939885894D0892C243CEC8DC6B27\">\n <enum>\n (I)\n </enum>\n <text>\n The percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program.\n </text>\n </subclause>\n <subclause id=\"HCEA1F4833AAF41298321EDF35F023708\">\n <enum>\n (II)\n </enum>\n <text>\n The percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program.\n </text>\n </subclause>\n <subclause id=\"H786B028644924DC69C472B1EB61D10B5\">\n <enum>\n (III)\n </enum>\n <text>\n The median earnings of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program compared to the median earnings of such participants prior to the training received under such program.\n </text>\n </subclause>\n <subclause id=\"H073A70C401CA41FE9E59E1AF3D70486B\">\n <enum>\n (IV)\n </enum>\n <text>\n The percentage and number of program participants who obtain a recognized postsecondary credential, a registered apprenticeship, an industry-recognized credential, or a regular secondary school diploma or its recognized equivalent (subject to clause (ii)), during participation in or within 1 year after exit from program.\n </text>\n </subclause>\n <subclause id=\"HCED841B69C8E493D96D1DFA8D3021D68\">\n <enum>\n (V)\n </enum>\n <text display-inline=\"yes-display-inline\">\n The percentage and number of program participants who, during a program year—\n </text>\n <item id=\"HDCBE8810CDD74F0FA52411F2BB666B64\">\n <enum>\n (aa)\n </enum>\n <text>\n are in an education or training program that leads to a recognized postsecondary credential, a registered apprenticeship or on-the-job training program, an industry-recognized credential, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; and\n </text>\n </item>\n <item id=\"HEC69B137C1A942879E0D74E52464BC9A\">\n <enum>\n (bb)\n </enum>\n <text>\n are achieving measurable basic skill gains toward such a credential or employment.\n </text>\n </item>\n </subclause>\n <subclause id=\"H734683234D7D48358E3F3528C31F3088\">\n <enum>\n (VI)\n </enum>\n <text display-inline=\"yes-display-inline\">\n The percentage and number of program participants who obtain unsubsidized employment in the field relating to the training services described in section 134(c)(4) that such participants received.\n </text>\n </subclause>\n </clause>\n <clause id=\"HE35A1B59EA91490AAC454B467FE034F4\">\n <enum>\n (ii)\n </enum>\n <header>\n Indicator relating to credential\n </header>\n <text>\n For purposes of clause (i)(IV), program participants who obtain a regular secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have, within 1 year after exit from the program, obtained or retained employment, have been removed from public assistance, or are in an education or training program leading to a recognized postsecondary credential.\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HCF65769F53B342A59773AE372FE48538\">\n <enum>\n (B)\n </enum>\n <header>\n Additional indicators\n </header>\n <text>\n A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle.\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"HBF45591873BA4EF7905CD8E89253A02D\">\n <enum>\n (B)\n </enum>\n <text>\n in paragraph (3)—\n </text>\n <clause id=\"H6209ADFA60434689AF4BC6A8519FAC13\">\n <enum>\n (i)\n </enum>\n <text>\n in subparagraph (A)—\n </text>\n <subclause id=\"H08CF8C69D982430D81E82C51680C768C\">\n <enum>\n (I)\n </enum>\n <text>\n in the heading, by striking\n <quote>\n <header-in-text level=\"subparagraph\" style=\"OLC\">\n and customer satisfaction indicator\n </header-in-text>\n </quote>\n ;\n </text>\n </subclause>\n <subclause id=\"H1CE3497192D1426B83A6288CE6E35B86\">\n <enum>\n (II)\n </enum>\n <text>\n in clause (i), by striking\n <quote>\n and the customer satisfaction indicator described in paragraph (2)(B)\n </quote>\n ;\n </text>\n </subclause>\n <subclause id=\"HEC3FAA129D324CA0BBC382000A075A4B\">\n <enum>\n (III)\n </enum>\n <text>\n in clause (ii), by striking\n <quote>\n and the customer satisfaction indicator of performance, for the first 3\n </quote>\n and inserting\n <quote>\n , for all 3\n </quote>\n ;\n </text>\n </subclause>\n <subclause id=\"H0A2652E9A00E4FBCBA0B2335C3B461B6\">\n <enum>\n (IV)\n </enum>\n <text>\n in clause (iii)—\n </text>\n <item id=\"HDDF4E501A9D848D68278F1CB177C5C03\">\n <enum>\n (aa)\n </enum>\n <text>\n in the heading, by striking\n <quote>\n <header-in-text level=\"clause\" style=\"OLC\">\n for first 3 years\n </header-in-text>\n </quote>\n ; and\n </text>\n </item>\n <item id=\"HDD1E612F14B74EB3AC2F4EB2284EBA21\">\n <enum>\n (bb)\n </enum>\n <text>\n by striking\n <quote>\n and the customer satisfaction indicator of performance, for the first 3 program years\n </quote>\n and inserting\n <quote>\n for all 3 program years\n </quote>\n ;\n </text>\n </item>\n </subclause>\n <subclause id=\"H81359FBA2DE5489EA1947F72567E41EF\">\n <enum>\n (V)\n </enum>\n <text>\n in clause (iv)—\n </text>\n <item id=\"HD78FC2A8531B4189978FE80BCD5C3522\">\n <enum>\n (aa)\n </enum>\n <text>\n by striking\n <quote>\n or (v)\n </quote>\n ;\n </text>\n </item>\n <item id=\"H1744CCED903C4F3CAE031FBAFF3E679E\">\n <enum>\n (bb)\n </enum>\n <text>\n by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and\n </text>\n </item>\n <item id=\"H39E08DE9C59C4AF3877BA84A78FA01D4\">\n <enum>\n (cc)\n </enum>\n <text>\n in subclause (I) (as so redesignated)—\n </text>\n <subitem id=\"H0B394553C6B84E289AD5D3F2CC945C6A\">\n <enum>\n (AA)\n </enum>\n <text>\n by striking\n <quote>\n taking into account\n </quote>\n and inserting\n <quote>\n which shall be adjusted based on\n </quote>\n ;\n </text>\n </subitem>\n <subitem id=\"HB1EEDAEEFA6E4298854664E722C89FB0\">\n <enum>\n (BB)\n </enum>\n <text>\n by inserting\n <quote>\n , such as unemployment rates and job losses or gains in particular industries\n </quote>\n after\n <quote>\n economic conditions\n </quote>\n ; and\n </text>\n </subitem>\n <subitem id=\"H9764B678FE4344D59E9A74E1CE763ED8\">\n <enum>\n (CC)\n </enum>\n <text>\n by inserting\n <quote>\n , such as indicators of poor work experience, dislocation from high-wage employment, low levels of literacy or English proficiency, disability status, including the number of veterans with disabilities, and welfare dependency\n </quote>\n after\n <quote>\n program\n </quote>\n ;\n </text>\n </subitem>\n </item>\n </subclause>\n <subclause id=\"H2B442A418FD143C480606ED1AD68D887\">\n <enum>\n (VI)\n </enum>\n <text>\n by striking clause (v) and redesignating clause (vi) as clause (v); and\n </text>\n </subclause>\n <subclause id=\"H0B1911EBB0604F3D8126B3415C3468E8\">\n <enum>\n (VII)\n </enum>\n <text>\n in clause (v) (as so redesignated),\n </text>\n <item id=\"H9B9A134501D3434FA2C5BFA8606C3502\">\n <enum>\n (aa)\n </enum>\n <text>\n by striking\n <quote>\n described in clause (iv)(II)\n </quote>\n and inserting\n <quote>\n described in clause (iv)(I)\n </quote>\n ; and\n </text>\n </item>\n <item id=\"H8294ADF0A8C44630A2E57473F2680577\">\n <enum>\n (bb)\n </enum>\n <text>\n by striking\n <quote>\n or (v)\n </quote>\n ; and\n </text>\n </item>\n </subclause>\n </clause>\n <clause id=\"H1446DD43408F4E0694C8BE4C92B0F1B2\">\n <enum>\n (ii)\n </enum>\n <text>\n in subparagraph (B), by striking\n <quote>\n paragraph (2)(C)\n </quote>\n and inserting\n <quote>\n paragraph (2)(B)\n </quote>\n ;\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HD55FFFD11C4B43F599EA33FC3A37CDF1\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (c)(1)(A)—\n </text>\n <subparagraph id=\"H5FF5F720AADD490C911CDF2A1CE9B5EE\">\n <enum>\n (A)\n </enum>\n <text>\n by amending clause (i) to read as follows:\n <quote>\n (i) the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsections, other than statewide workforce investment activities; and\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"HDA2D78942AD44300A50FFED454DE5B4A\">\n <enum>\n (B)\n </enum>\n <text>\n in clause (ii), by striking\n <quote>\n (b)(2)(C)\n </quote>\n and inserting\n <quote>\n (b)(2)(B)\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H09F5B54400A14DFEBCB26C313D49BA0A\">\n <enum>\n (C)\n </enum>\n <text>\n by amending paragraph (3) to read as follows:\n </text>\n <quoted-block id=\"HCBA6CB2553A5494A826078D0EC613B68\" style=\"OLC\">\n <paragraph id=\"H1A4E97C0FB3544F49140CD1AEE6AE8D1\">\n <enum>\n (3)\n </enum>\n <header>\n Determinations\n </header>\n <text>\n In determining such local levels of performance, the local board, the chief elected official, and the Governor shall ensure such levels are adjusted based on the specific economic characteristics (such as unemployment rates and job losses or gains in particular industries), demographic characteristics, or other characteristics of the population to be served in the local area.\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H5672061B4F034825A3226E7E6C5BC15E\">\n <enum>\n (3)\n </enum>\n <text>\n in subsection (d)—\n </text>\n <subparagraph id=\"H8C53198EADAC438FA75EF0AEF889A025\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (1)—\n </text>\n <clause id=\"HB8F6E47B98F54068ABCA95DAECE336E4\">\n <enum>\n (i)\n </enum>\n <text>\n by striking\n <quote>\n 127 or\n </quote>\n ;\n </text>\n </clause>\n <clause id=\"H1A09406C29374B0E96AE13C981745890\">\n <enum>\n (ii)\n </enum>\n <text>\n by striking\n <quote>\n and the customer satisfaction indicator\n </quote>\n each place it appears; and\n </text>\n </clause>\n <clause id=\"H2744B5147D0640A09DE4484B9D183D3E\">\n <enum>\n (iii)\n </enum>\n <text>\n in the last sentence, by inserting before the period the following:\n <quote>\n , and on the amount and percentage of the State’s annual allotment under section 132 the State spends on administrative costs and on the amount and percentage of its annual allocation under section 133 each local area in the State spends on administrative costs\n </quote>\n ;\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H0D9B2FAB5BFA44A3A1EB4589EE629FB3\">\n <enum>\n (B)\n </enum>\n <text>\n in paragraph (2)—\n </text>\n <clause id=\"HA9CD45AC426946828455DA08688C2504\">\n <enum>\n (i)\n </enum>\n <text>\n by striking subparagraphs (A), (B), and (D);\n </text>\n </clause>\n <clause id=\"HB2ECBC50ABAE486BAC13A56DF4FCB44A\">\n <enum>\n (ii)\n </enum>\n <text>\n by redesignating subparagraph (C) as subparagraph (A);\n </text>\n </clause>\n <clause id=\"H63075038F7154422AE76C648DADC52AB\">\n <enum>\n (iii)\n </enum>\n <text>\n by redesignating subparagraph (E) as subparagraph (B);\n </text>\n </clause>\n <clause id=\"H7BCE3C700C3942AD95BEDD0BD2D1A214\">\n <enum>\n (iv)\n </enum>\n <text>\n in subparagraph (B), as so redesignated—\n </text>\n <subclause id=\"H047610A4031546A7B53262A739A6F1A9\">\n <enum>\n (I)\n </enum>\n <text>\n by striking\n <quote>\n (excluding participants who received only self-service and informational activities)\n </quote>\n ; and\n </text>\n </subclause>\n <subclause id=\"H9E785415577840ECA035E9CCEAF5D852\">\n <enum>\n (II)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking\n <quote>\n and\n </quote>\n at the end;\n </text>\n </subclause>\n </clause>\n <clause id=\"HBA11326D9FB2459AB1C436F2152B94A4\">\n <enum>\n (v)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking subparagraph (F);\n </text>\n </clause>\n <clause id=\"H6683F468651E4A6AB2D04881AD391C25\">\n <enum>\n (vi)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"H08C9E99891BB4D569A69C480BE93CBDB\" style=\"OLC\">\n <subparagraph id=\"HB2E95C4E5D294E489FD49727D0D15C3B\">\n <enum>\n (C)\n </enum>\n <text>\n with respect to each local area in the State—\n </text>\n <clause id=\"H151EE0742B6E4219B314C56EBDBA3C10\">\n <enum>\n (i)\n </enum>\n <text>\n the number of individuals who received work ready services described under section 134(c)(2) and the number of individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, where the individuals received the training, disaggregated by the type of entity that provided the training, and the amount of funds spent on each type of service;\n </text>\n </clause>\n <clause id=\"H66BB2ACC4723413FA7636EEF287E7CA2\">\n <enum>\n (ii)\n </enum>\n <text>\n the number of individuals who successfully exited out of work ready services described under section 134(c)(2) and the number of individuals who exited out of training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and\n </text>\n </clause>\n <clause id=\"H2A8A63F3F1C141D49FFEDAC75CD35D3C\">\n <enum>\n (iii)\n </enum>\n <text>\n the average cost per participant of those individuals who received work ready services described under section 134(c)(2) and the average cost per participant of those individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H410F44451CB94EC1A5B8DA71E3A0BF67\">\n <enum>\n (E)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the amount of funds spent on training services and discretionary one-stop delivery activities, disaggregated by the populations identified in the State and local plans.\n </text>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </clause>\n </subparagraph>\n <subparagraph id=\"H6F99051D08264D629042B6379CC6028B\">\n <enum>\n (C)\n </enum>\n <text>\n in paragraph (3)(A), by striking\n <quote>\n through publication\n </quote>\n and inserting\n <quote>\n through electronic means\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H7D04931994544AD693BE8346D5CB4244\">\n <enum>\n (D)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"H50FDBF2047DD42F380C8E1871793CB4D\" style=\"OLC\">\n <paragraph id=\"HF84C01FDD59A43499304AF41C904DB1A\">\n <enum>\n (4)\n </enum>\n <header>\n Data validation\n </header>\n <text>\n In preparing the reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, to ensure the information contained in the report is valid and reliable.\n </text>\n </paragraph>\n <paragraph id=\"H11C17D8F4C75419695757376616DB270\">\n <enum>\n (5)\n </enum>\n <header>\n State and local policies\n </header>\n <subparagraph id=\"HAFE05914835F49C689B90A3E7ECAE00C\">\n <enum>\n (A)\n </enum>\n <header>\n State policies\n </header>\n <text>\n Each State that receives an allotment under section 132 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the State board and make such repository available to the public, including by electronic means.\n </text>\n </subparagraph>\n <subparagraph id=\"HD23D8F2B789341A790474625EDF0CDCA\">\n <enum>\n (B)\n </enum>\n <header>\n Local policies\n </header>\n <text>\n Each local area that receives an allotment under section 133 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the local board and make such repository available to the public, including by electronic means.\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H0558ACE73CAD4D6A9C9E62150E8BDA8F\">\n <enum>\n (4)\n </enum>\n <text>\n in subsection (g)—\n </text>\n <subparagraph id=\"HB241FD8887CA4D9284C53831FA449CE5\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (1)(A), by striking\n <quote>\n or (B)\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H2BFCA6DA2F1C4789A7AC8322074BD804\">\n <enum>\n (B)\n </enum>\n <text>\n in paragraph (1)(B), by striking\n <quote>\n may reduce by not more than 5 percent,\n </quote>\n and inserting\n <quote>\n shall reduce\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H3FE16397577A4C8D95F4BD1C56FA52F1\">\n <enum>\n (C)\n </enum>\n <text>\n by striking paragraph (2) and inserting the following:\n </text>\n <quoted-block id=\"HF3F0A58B133047D6A69D0D2EF72122B4\" style=\"OLC\">\n <paragraph id=\"H6FF24B9206BA4DBAB252EA9828B02581\">\n <enum>\n (2)\n </enum>\n <header>\n Funds resulting from reduced allotments\n </header>\n <text>\n The Secretary shall return to the Treasury the amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B).\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H5E98D357A0374C70B861905E54667454\">\n <enum>\n (5)\n </enum>\n <text>\n in subsection (h)(1), by striking\n <quote>\n or (B)\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H1A6A54A784BB4F82AEF08BA13040D7B9\">\n <enum>\n (6)\n </enum>\n <text>\n in subsection (h)(2)—\n </text>\n <subparagraph id=\"H56306136AA554BB1B902F11157A3D6C8\">\n <enum>\n (A)\n </enum>\n <text>\n in subparagraph (A), by amending the matter preceding clause (i) to read as follows:\n </text>\n <quoted-block id=\"HB7621FD0220141C59ECC28E9A2153958\" style=\"OLC\">\n <subparagraph id=\"HDEEE3871D21249E092AE5613A0CF6E71\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text>\n If such failure continues for a second consecutive year, the Governor shall take corrective actions, including the development of a reorganization plan. Such plan shall—\n </text>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H6C8739D17AB34F5390B74E7364BB950E\">\n <enum>\n (B)\n </enum>\n <text>\n by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;\n </text>\n </subparagraph>\n <subparagraph id=\"HCFDB541E09A6476ABCF23B8E97E17922\">\n <enum>\n (C)\n </enum>\n <text>\n by inserting after subparagraph (A), the following:\n </text>\n <quoted-block id=\"H0D76B5B1469144FEB66BD93DCBEA76D2\" style=\"OLC\">\n <subparagraph id=\"H2164FAAAB3A2470D83323BF515546552\">\n <enum>\n (B)\n </enum>\n <header>\n Reduction in the amount of grant\n </header>\n <text>\n If such failure continues for a third consecutive year, the Governor of a State shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance.\n </text>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H78F2EE1F8D3F486E8FDEF0743AB44C1F\">\n <enum>\n (D)\n </enum>\n <text>\n in subparagraph (C)(i) (as so redesignated), by striking\n <quote>\n a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan\n </quote>\n and inserting\n <quote>\n corrective actions under subparagraphs (A) and (B) may, not later than 30 days after receiving notice of the actions, appeal to the Governor to rescind or revise such actions\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H6FFF763A8F8D4B8BB4CE2652B9AD7700\">\n <enum>\n (E)\n </enum>\n <text>\n in subparagraph (D) (as so redesignated), by striking\n <quote>\n subparagraph (B)\n </quote>\n each place it appears and inserting\n <quote>\n subparagraph (C)\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H4E843BAD86A749288B054F810278B562\">\n <enum>\n (7)\n </enum>\n <text>\n in subsection (i)(1)(B), by striking\n <quote>\n subsection (b)(2)(C)\n </quote>\n and inserting\n <quote>\n subsection (b)(2)(B)\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H18087217BB434DBFB2B1FFD7AB323C96\">\n <enum>\n (8)\n </enum>\n <text>\n in subsection (i)(1)(C), by striking\n <quote>\n (b)(3)(A)(vi)\n </quote>\n and inserting\n <quote>\n (b)(3)(A)(v)\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HC3788F54CAA84E9E982FCCA9AEA4C2FC\">\n <enum>\n (9)\n </enum>\n <text>\n in subsection (i)(2), by striking\n <quote>\n the activities described in section 502 concerning\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HE4C3A4FF40AC43B68F79C1FAC654325B\">\n <enum>\n (10)\n </enum>\n <text>\n in subsection (i)(3), by striking\n <quote>\n described in paragraph (1) and in the activities described in section 502\n </quote>\n and inserting\n <quote>\n and activities described in this subsection\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H4970DB1512954AE18A5CDB01D5C6788E\">\n <enum>\n (11)\n </enum>\n <text>\n by adding at the end the following new subsections:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HB1B0109B5AE2492EB48EB73B959D3A96\" style=\"OLC\">\n <subsection id=\"HE03979D9669D4317B8AB2A447C96C0BA\">\n <enum>\n (j)\n </enum>\n <header>\n Use of core indicators for other programs\n </header>\n <text>\n In addition to the programs carried out under chapter 5, and consistent with the requirements of the applicable authorizing laws, the Secretary shall use the core indicators of performance described in subsection (b)(2)(A) to assess the effectiveness of the programs described under section 121(b)(1)(B) that are carried out by the Secretary.\n </text>\n </subsection>\n <subsection id=\"H070DF645441B4563B3B6444A3DAB1E32\">\n <enum>\n (k)\n </enum>\n <header>\n Establishing pay-for-performance incentives\n </header>\n <paragraph id=\"H547ECE625D5D4648B2F2252FE3524679\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n At the discretion of the Governor of a State, a State may establish an incentive system for local boards to implement pay-for-performance contract strategies for the delivery of employment and training services in the local areas served by the local boards.\n </text>\n </paragraph>\n <paragraph id=\"H2ECC37CC176049BAACD47050DAD00818\">\n <enum>\n (2)\n </enum>\n <header>\n Implementation\n </header>\n <text>\n A State that establishes a pay-for-performance incentive system shall reserve not more than 10 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to provide funds to local areas in the State whose local boards have implemented a pay-for-performance contract strategy.\n </text>\n </paragraph>\n <paragraph id=\"H0251B0A3E4D9463DA74DBB295D0CB233\">\n <enum>\n (3)\n </enum>\n <header>\n Evaluations\n </header>\n <text>\n A State described in paragraph (2) shall use funds reserved by the State under section 133(a)(1) to evaluate the return on investment of pay-for-performance contract strategies implemented by local boards in the State.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H86773961D0884570B0AB64C5BAB9323F\">\n <enum>\n 115.\n </enum>\n <header>\n Authorization of appropriations\n </header>\n <text display-inline=\"no-display-inline\">\n Section 137 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2872\">\n 29 U.S.C. 2872\n </external-xref>\n ) is amended to read as follows:\n </text>\n <quoted-block id=\"H118D0D4AA0FC4765AE94EC85B285625C\" style=\"OLC\">\n <section commented=\"no\" id=\"HE1842CC05B4245AF81E28CB5897646FF\">\n <enum>\n 137.\n </enum>\n <header>\n Authorization of appropriations\n </header>\n <text display-inline=\"no-display-inline\">\n There are authorized to be appropriated to carry out the activities described in section 132, $6,245,318,000 for fiscal year 2014 and each of the 6 succeeding fiscal years.\n </text>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n </subtitle>\n <subtitle id=\"H6431FE9CDC904D33A7AA54256C5C80D1\">\n <enum>\n C\n </enum>\n <header>\n Job Corps\n </header>\n <section id=\"H12C5B3B1E85840FE83EBE25B7660E66F\">\n <enum>\n 116.\n </enum>\n <header>\n Job Corps purposes\n </header>\n <text display-inline=\"no-display-inline\">\n Paragraph (1) of section 141 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2881\">\n 29 U.S.C. 2881(1)\n </external-xref>\n ) is amended to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H1B7D98D3CF1540D2AC9D5502A0A1C06E\" style=\"OLC\">\n <paragraph id=\"H2C76ACC0764042A68E2B7B4A3769F4E0\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to maintain a national Job Corps program for at-risk youth, carried out in partnership with States and communities, to assist eligible youth to connect to the workforce by providing them with intensive academic, career and technical education, and service-learning opportunities, in residential and nonresidential centers, in order for such youth to obtain regular secondary school diplomas and recognized postsecondary credentials leading to successful careers in in-demand industries that will result in opportunities for advancement;\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n <section id=\"H54F7E71416D74D03B34A2ADA8A98833B\">\n <enum>\n 117.\n </enum>\n <header>\n Job Corps definitions\n </header>\n <text display-inline=\"no-display-inline\">\n Section 142 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2882\">\n 29 U.S.C. 2882\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HCEEBC5F06F074AE6963AAF21CC7076BB\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph (2)—\n </text>\n <subparagraph id=\"H351705CED0DE474792A9D2A7997DA38D\">\n <enum>\n (A)\n </enum>\n <text>\n in the paragraph heading, by striking\n <quote>\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Applicable one-stop\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"paragraph\" style=\"OLC\">\n One-stop\n </header-in-text>\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H33CD2032CE9543A6A8610F745D681A00\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n applicable\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H2166E024048B4D3B89C99E6972212035\">\n <enum>\n (C)\n </enum>\n <text>\n by striking\n <quote>\n customer service\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H7505C6D4A73549E199224B74431BDD9A\">\n <enum>\n (D)\n </enum>\n <text>\n by striking\n <quote>\n intake\n </quote>\n and inserting\n <quote>\n assessment\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H7109B44BD84D471CA27BD97A17DE1D8D\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (4), by striking\n <quote>\n before completing the requirements\n </quote>\n and all that follows and inserting\n <quote>\n prior to becoming a graduate.\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H453F3A6B0B39487AB4EFE7D6053AA733\">\n <enum>\n (3)\n </enum>\n <text>\n in paragraph (5), by striking\n <quote>\n has completed the requirements\n </quote>\n and all that follows and inserting the following:\n <quote>\n who, as a result of participation in the Job Corps program, has received a regular secondary school diploma, completed the requirements of a career and technical education and training program, or received, or is making satisfactory progress (as defined under section 484(c) of the Higher Education Act of 1965 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/1091\">\n 20 U.S.C. 1091(c)\n </external-xref>\n ) toward receiving, a recognized postsecondary credential, including an industry-recognized credential that prepares individuals for employment leading to economic self-sufficiency.\n </quote>\n .\n </text>\n </paragraph>\n </section>\n <section id=\"H0C85403A71A242E4A1EFA9E25CD157AC\">\n <enum>\n 118.\n </enum>\n <header>\n Individuals eligible for the Job Corps\n </header>\n <text display-inline=\"no-display-inline\">\n Section 144 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2884\">\n 29 U.S.C. 2884\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H44A9014DD26D4114BE90B7460221AF5B\">\n <enum>\n (1)\n </enum>\n <text>\n by amending paragraph (1) to read as follows:\n </text>\n <quoted-block id=\"HE41096361D36465091217C48E40FED94\" style=\"OLC\">\n <paragraph id=\"H2E8904954F1A46F2BDE39C9D7A0B2EC0\">\n <enum>\n (1)\n </enum>\n <text>\n not less than age 16 and not more than age 24 on the date of enrollment;\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HA513BB4B25474F9392520DF2BD8DCFB3\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (3)(B), by inserting\n <quote>\n secondary\n </quote>\n before\n <quote>\n school\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H0B9EB0CDE2124AE59F8BC2425C192E60\">\n <enum>\n (3)\n </enum>\n <text>\n in paragraph (3)(E), by striking\n <quote>\n vocational\n </quote>\n and inserting\n <quote>\n career and technical education and\n </quote>\n .\n </text>\n </paragraph>\n </section>\n <section id=\"HC016F2977B8C409FA9408D1F67B97D86\">\n <enum>\n 119.\n </enum>\n <header>\n Recruitment, screening, selection, and assignment of enrollees\n </header>\n <text display-inline=\"no-display-inline\">\n Section 145 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2885\">\n 29 U.S.C. 2885\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H0CFEF0AA6A004B2EB5C610054E17351C\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (a)—\n </text>\n <subparagraph id=\"HC665A5E5C67242288355B701A3FF43A3\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (2)(C)(i) by striking\n <quote>\n vocational\n </quote>\n and inserting\n <quote>\n career and technical education and training\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H88BE0ED2A7B548679FCECA4BA0BD6F5F\">\n <enum>\n (B)\n </enum>\n <text>\n in paragraph (3)—\n </text>\n <clause id=\"HBAB0AE92DE144CCAAD59383E28630F98\">\n <enum>\n (i)\n </enum>\n <text>\n by striking\n <quote>\n To the extent practicable, the\n </quote>\n and inserting\n <quote>\n The\n </quote>\n ;\n </text>\n </clause>\n <clause id=\"HB051C8C383F145B1944DCD7502D59FC5\">\n <enum>\n (ii)\n </enum>\n <text>\n in subparagraph (A)—\n </text>\n <subclause id=\"H6AFA4C6CA1C24D969C1519E5C51307BC\">\n <enum>\n (I)\n </enum>\n <text>\n by striking\n <quote>\n applicable\n </quote>\n ; and\n </text>\n </subclause>\n <subclause id=\"HAB7414B83A6E4195895B2718F39CC3AE\">\n <enum>\n (II)\n </enum>\n <text>\n by inserting\n <quote>\n and\n </quote>\n after the semicolon;\n </text>\n </subclause>\n </clause>\n <clause id=\"H3EBCB96DB6C0408092098B17D287D25F\">\n <enum>\n (iii)\n </enum>\n <text>\n by striking subparagraphs (B) and (C); and\n </text>\n </clause>\n <clause id=\"H8D91306F9A814DFC95BF8752EFA2AED8\">\n <enum>\n (iv)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"HD03969E122E84C929B22F6F7EE16AEDF\" style=\"OLC\">\n <subparagraph id=\"HBDE0ACD728934126914249CC2A027FAD\">\n <enum>\n (B)\n </enum>\n <text>\n organizations that have a demonstrated record of effectiveness in placing at-risk youth into employment.\n </text>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H6F7E2665A58A40C8AAE5FC3AA07AD3CA\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (b)—\n </text>\n <subparagraph id=\"HA05915DF548D4931B8F7BD1D145BBAE8\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (1)—\n </text>\n <clause id=\"H2DBDA0516AEE47B39903C487EFD37429\">\n <enum>\n (i)\n </enum>\n <text>\n in subparagraph (B), by inserting\n <quote>\n and agrees to such rules\n </quote>\n after\n <quote>\n failure to observe the rules\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"H916E5375E3F94FCE842EDD4FE69FE978\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by amending subparagraph (C) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HECAA42E811814323BEA5810FD59846AF\" style=\"OLC\">\n <subparagraph id=\"HBC586F67B5324C5784011074AB409F11\">\n <enum>\n (C)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the individual has passed a background check conducted in accordance with procedures established by the Secretary, which shall include—\n </text>\n <clause id=\"H4A6A14092B984B9BB37F03480ADD6C47\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n a search of the State criminal registry or repository in the State where the individual resides and each State where the individual previously resided;\n </text>\n </clause>\n <clause id=\"H6DA1BF2162B64C6899F55E3E52F34D78\">\n <enum>\n (ii)\n </enum>\n <text>\n a search of State-based child abuse and neglect registries and databases in the State where the individual resides and each State where the individual previously resided;\n </text>\n </clause>\n <clause id=\"H9572F86399A74A9696168E961C3097AD\">\n <enum>\n (iii)\n </enum>\n <text>\n a search of the National Crime Information Center;\n </text>\n </clause>\n <clause id=\"H9D85E54FAF694D798D9924FE4E6ACD24\">\n <enum>\n (iv)\n </enum>\n <text>\n a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and\n </text>\n </clause>\n <clause id=\"H15C2A5B760574CA1B8A3905DFC6CC946\">\n <enum>\n (v)\n </enum>\n <text>\n a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/16901\">\n 42 U.S.C. 16901 et seq.\n </external-xref>\n ).\n </text>\n </clause>\n </subparagraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </clause>\n </subparagraph>\n <subparagraph id=\"H1A5AACE2B8E34B61A9C127D0CC97E1AF\">\n <enum>\n (B)\n </enum>\n <text>\n by adding at the end the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HF99359029995449FB67BB1365E5AB2C4\" style=\"OLC\">\n <paragraph id=\"H77417A54945941C191A107CDF6BB35E6\">\n <enum>\n (3)\n </enum>\n <header>\n Individuals convicted of a crime\n </header>\n <text display-inline=\"yes-display-inline\">\n An individual shall be ineligible for enrollment if the individual—\n </text>\n <subparagraph id=\"H80EB274C19B74E1584AA7ED78974184A\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n makes a false statement in connection with the criminal background check described in paragraph (1)(C);\n </text>\n </subparagraph>\n <subparagraph id=\"HDD8B4C7C536F4ED8BF49082073EAF719\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n is registered or is required to be registered on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/16901\">\n 42 U.S.C. 16901 et seq.\n </external-xref>\n ); or\n </text>\n </subparagraph>\n <subparagraph id=\"HCFFEE873C0FA43159EC9B0831A6F6B3F\">\n <enum>\n (C)\n </enum>\n <text display-inline=\"yes-display-inline\">\n has been convicted of a felony consisting of—\n </text>\n <clause id=\"HFC719726E0BD4EF588D9A7C8EC9AFBDB\">\n <enum>\n (i)\n </enum>\n <text>\n homicide;\n </text>\n </clause>\n <clause id=\"H413AD483EA5F446B8326FD44576E42C2\">\n <enum>\n (ii)\n </enum>\n <text>\n child abuse or neglect;\n </text>\n </clause>\n <clause id=\"HF0CAA275C7484D9E94558337F329E0FC\">\n <enum>\n (iii)\n </enum>\n <text>\n a crime against children, including child pornography;\n </text>\n </clause>\n <clause id=\"H3F709F368E79418EA05013684CC3C28F\">\n <enum>\n (iv)\n </enum>\n <text>\n a crime involving rape or sexual assault; or\n </text>\n </clause>\n <clause id=\"HBE4C9C486D6F4799BE0006D9B21F3D62\">\n <enum>\n (v)\n </enum>\n <text>\n physical assault, battery, or a drug-related offense, committed within the past 5 years.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H7D52D7D113B14C0EA3F4CAA97291D8ED\">\n <enum>\n (3)\n </enum>\n <text>\n in subsection (c)—\n </text>\n <subparagraph id=\"H2CDCA63C838E47469D3F9D4C05F2E63B\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (1)—\n </text>\n <clause id=\"H9F8B195444C14236A229F6856F1F037B\">\n <enum>\n (i)\n </enum>\n <text>\n by striking\n <quote>\n 2 years\n </quote>\n and inserting\n <quote>\n year\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"H553729DD47B448CFA0F61D0491AC8F46\">\n <enum>\n (ii)\n </enum>\n <text>\n by striking\n <quote>\n an assignment\n </quote>\n and inserting\n <quote>\n a\n </quote>\n ; and\n </text>\n </clause>\n </subparagraph>\n <subparagraph display-inline=\"no-display-inline\" id=\"HEA6395BA6C6841C990748816D495D2EC\">\n <enum>\n (B)\n </enum>\n <text>\n in paragraph (2)—\n </text>\n <clause id=\"H17E06F8C011E4BD6BFC2BB64572AD10E\">\n <enum>\n (i)\n </enum>\n <text>\n in the matter preceding subparagraph (A), by striking\n <quote>\n , every 2 years,\n </quote>\n ;\n </text>\n </clause>\n <clause id=\"HF462903F19B94168B4BF2AAEEA6B19BA\">\n <enum>\n (ii)\n </enum>\n <text>\n in subparagraph (B), by striking\n <quote>\n and\n </quote>\n at the end; and\n </text>\n </clause>\n <clause id=\"HA1DFC7931F3F47179F0E071231873704\">\n <enum>\n (iii)\n </enum>\n <text>\n in subparagraph (C)—\n </text>\n <subclause id=\"H2F06B8E148134C1A83721DF50C66687C\">\n <enum>\n (I)\n </enum>\n <text>\n by inserting\n <quote>\n the education and training\n </quote>\n after\n <quote>\n including\n </quote>\n ; and\n </text>\n </subclause>\n <subclause id=\"H3C2D44DF84D742F0B0A7C3E3A1F396A3\">\n <enum>\n (II)\n </enum>\n <text>\n by striking the period at the end and inserting\n <quote>\n ; and\n </quote>\n ; and\n </text>\n </subclause>\n </clause>\n <clause display-inline=\"no-display-inline\" id=\"H3DD57D2756154B7683B0AAEA94A93824\">\n <enum>\n (iv)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"H4EF6980B5D7F486AAE8AD04633722A83\" style=\"OLC\">\n <subparagraph id=\"HD9DDB28C8E724574AF9F0BDD1B87EEF3\">\n <enum>\n (D)\n </enum>\n <text>\n the performance of the Job Corps center relating to the indicators described in paragraphs (1) and (2) in section 159(c), and whether any actions have been taken with respect to such center pursuant to section 159(f).\n </text>\n </subparagraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H869099BA7B7049F7AB11D3BF444CA83D\">\n <enum>\n (4)\n </enum>\n <text>\n in subsection (d)—\n </text>\n <subparagraph id=\"H9A020B9F30114A2CBC68BBFEECC1DFE0\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (1)—\n </text>\n <clause id=\"H0828B38F67B54CBDA3C58301A1CE4AFD\">\n <enum>\n (i)\n </enum>\n <text>\n in the matter preceding subparagraph (A), by striking\n <quote>\n is closest to the home of the enrollee, except that the\n </quote>\n and inserting\n <quote>\n offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The\n </quote>\n ;\n </text>\n </clause>\n <clause id=\"H3E244A3F3C894150B150014C28580CD5\">\n <enum>\n (ii)\n </enum>\n <text>\n by striking subparagraph (A); and\n </text>\n </clause>\n <clause id=\"HE5597639C77346B9AD723FD73C97FDA2\">\n <enum>\n (iii)\n </enum>\n <text>\n by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and\n </text>\n </clause>\n </subparagraph>\n <subparagraph display-inline=\"no-display-inline\" id=\"HB1297FE965C341209B56D80C557A3C1B\">\n <enum>\n (B)\n </enum>\n <text>\n in paragraph (2), by inserting\n <quote>\n that offers the career and technical education and training desired by\n </quote>\n after\n <quote>\n home of the enrollee\n </quote>\n .\n </text>\n </subparagraph>\n </paragraph>\n </section>\n <section id=\"H4FDBD0AD1AD94DEDABCA6479333C8FD6\">\n <enum>\n 120.\n </enum>\n <header>\n Job Corps centers\n </header>\n <text display-inline=\"no-display-inline\">\n Section 147 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2887\">\n 29 U.S.C. 2887\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H0FA8D020A5974B80B55920D90F65F4FA\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (a)—\n </text>\n <subparagraph id=\"HF9E63C94A7E24529BD6E2474AFF7AF72\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (1)(A), by striking\n <quote>\n vocational\n </quote>\n both places it appears and inserting\n <quote>\n career and technical\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HC8AD06671D5F46CB8DF9435EC321B19E\">\n <enum>\n (B)\n </enum>\n <text>\n in paragraph (2)—\n </text>\n <clause id=\"HEC23A5F7F2FA4453ABE03E589D323C27\">\n <enum>\n (i)\n </enum>\n <text>\n in subparagraph (A)—\n </text>\n <subclause id=\"H2A53C8BF928D47A18D9966B0F098F695\">\n <enum>\n (I)\n </enum>\n <text>\n by striking\n <quote>\n subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/41/253\">\n 41 U.S.C. 253\n </external-xref>\n )\n </quote>\n and inserting\n <quote>\n subsections (a) and (b) of\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/41/3304\">\n section 3304\n </external-xref>\n of title 41, United States Code\n </quote>\n ; and\n </text>\n </subclause>\n <subclause id=\"H776A460662F3466AA4B184A8DA5BFAC1\">\n <enum>\n (II)\n </enum>\n <text>\n by striking\n <quote>\n industry council\n </quote>\n and inserting\n <quote>\n workforce council\n </quote>\n ;\n </text>\n </subclause>\n </clause>\n <clause id=\"H49B47F0031FE436298CCDAC7ACAB255E\">\n <enum>\n (ii)\n </enum>\n <text>\n in subparagraph (B)(i)—\n </text>\n <subclause id=\"H3918C4C86B254D24B69EFC1A9DFC8B0C\">\n <enum>\n (I)\n </enum>\n <text>\n by amending subclause (II) to read as follows:\n </text>\n <quoted-block id=\"H3642A51A9DB94F919722C27F4B0BC9D8\" style=\"OLC\">\n <subclause id=\"H4F5861AC86EF446B9021C7E9C73190CC\">\n <enum>\n (II)\n </enum>\n <text>\n the ability of the entity to offer career and technical education and training that the workforce council proposes under section 154(c);\n </text>\n </subclause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subclause>\n <subclause id=\"H1AF79B2E1AC74CD990D995F1959FC548\">\n <enum>\n (II)\n </enum>\n <text>\n in subclause (III), by striking\n <quote>\n is familiar with the surrounding communities, applicable\n </quote>\n and inserting\n <quote>\n demonstrates relationships with the surrounding communities, employers, workforce boards,\n </quote>\n and by striking\n <quote>\n and\n </quote>\n at the end;\n </text>\n </subclause>\n <subclause id=\"HD5180CC547B6456B94DE0DD6231E768B\">\n <enum>\n (III)\n </enum>\n <text>\n by amending subclause (IV) to read as follows:\n </text>\n <quoted-block id=\"HDCD5AF7A8E484BBE829710F63D710FD3\" style=\"OLC\">\n <subclause id=\"HDE0628941AC64F27996CD22CC378C823\">\n <enum>\n (IV)\n </enum>\n <text>\n the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity’s demonstrated effectiveness in assisting individuals in achieving the primary and secondary indicators of performance described in paragraphs (1) and (2) of section 159(c); and\n </text>\n </subclause>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </subclause>\n <subclause id=\"H15ED9B545939418485B639F542F0E428\">\n <enum>\n (IV)\n </enum>\n <text>\n by adding at the end the following new subclause:\n </text>\n <quoted-block id=\"HD94BAEDD15E64A4FBFA09C8DF25029CE\" style=\"OLC\">\n <subclause id=\"H78E2D29E549E48CD89C3E05FA37F8C36\">\n <enum>\n (V)\n </enum>\n <text>\n the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including by providing them with intensive academic, and career and technical education and training.\n </text>\n </subclause>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </subclause>\n </clause>\n <clause id=\"HD6709819786D43DFB1E9940EEDD2CEC8\">\n <enum>\n (iii)\n </enum>\n <text>\n in subparagraph (B)(ii), by striking\n <quote>\n , as appropriate\n </quote>\n ;\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H968C1F7BECF145FA997DF2C177E5B5EF\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (b), by striking\n <quote>\n In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps.\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HF524DC3FABC54FCEAAF3BCA49649B72D\">\n <enum>\n (3)\n </enum>\n <text>\n by amending subsection (c) to read as follows:\n </text>\n <quoted-block id=\"HDCF96E66D7694B16B86CBA9A65087C98\" style=\"OLC\">\n <subsection id=\"H8A4426D9D256492394C21AEC8A38D9D8\">\n <enum>\n (c)\n </enum>\n <header>\n Civilian conservation centers\n </header>\n <paragraph id=\"HF2604CC1F55745D2B841B251159CB3DC\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall adhere to all the provisions of this subtitle, and shall provide, in addition to education, career and technical education and training, and workforce preparation skills training described in section 148, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest.\n </text>\n </paragraph>\n <paragraph id=\"H0AD9ADDEB5F7412B9155646EB1B0A62E\">\n <enum>\n (2)\n </enum>\n <header>\n Selection process\n </header>\n <text>\n The Secretary shall select an entity that submits an application under subsection (d) to operate a Civilian Conservation Center on a competitive basis, as provided in subsection (a).\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H1448108470394716A3A24E81395F2A5A\">\n <enum>\n (4)\n </enum>\n <text>\n by striking subsection (d) and inserting the following:\n </text>\n <quoted-block id=\"H59C539AB6BB54D66BADA26DB2D06C586\" style=\"OLC\">\n <subsection id=\"H320CC8191F86400EBD9AC39785128DC1\">\n <enum>\n (d)\n </enum>\n <header>\n Application\n </header>\n <text>\n To be eligible to operate a Job Corps center under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including—\n </text>\n <paragraph id=\"H394FDB1D4D374B088673E805B6EA9181\">\n <enum>\n (1)\n </enum>\n <text>\n a description of the program activities that will be offered at the center, including how the career and technical education and training reflect State and local employment opportunities, including in in-demand industries;\n </text>\n </paragraph>\n <paragraph id=\"H53DD66F4DF2348C3A1ABA363C6BDFD93\">\n <enum>\n (2)\n </enum>\n <text>\n a description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment upon completion of the program;\n </text>\n </paragraph>\n <paragraph id=\"H2F8B3F9A292B494799678ED35450ECED\">\n <enum>\n (3)\n </enum>\n <text>\n a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment, including past performance of operating a Job Corps center under this subtitle;\n </text>\n </paragraph>\n <paragraph id=\"HDEB56AD305D54E1EA447E0B000E2CF52\">\n <enum>\n (4)\n </enum>\n <text>\n a description of the relationships that the entity has developed with State and local workforce boards, employers, State and local educational agencies, and the surrounding communities in an effort to promote a comprehensive statewide workforce investment system;\n </text>\n </paragraph>\n <paragraph id=\"HEEA391D46A8A46C1A341CA5091FD3C84\">\n <enum>\n (5)\n </enum>\n <text>\n a description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a);\n </text>\n </paragraph>\n <paragraph id=\"HBA07380BAAFE4AE099E24E1E6C672182\">\n <enum>\n (6)\n </enum>\n <text>\n a description of the strategies and policies the entity will utilize to reduce participant costs;\n </text>\n </paragraph>\n <paragraph id=\"HDB36B1C356A34BBF875FA43F8F49EFF2\">\n <enum>\n (7)\n </enum>\n <text>\n a description of the steps taken to control costs in accordance with section 159(a)(3);\n </text>\n </paragraph>\n <paragraph id=\"H062719EB5D774363A5D49E6A59F59477\">\n <enum>\n (8)\n </enum>\n <text>\n a detailed budget of the activities that will be supported using funds under this subtitle;\n </text>\n </paragraph>\n <paragraph id=\"H5BA9E01942E4402B92E4707E235CBA4E\">\n <enum>\n (9)\n </enum>\n <text>\n a detailed budget of the activities that will be supported using funds from non-Federal resources;\n </text>\n </paragraph>\n <paragraph id=\"HCB34C4D64158460F9108760D8E8D5C64\">\n <enum>\n (10)\n </enum>\n <text>\n an assurance the entity will comply with the administrative cost limitation included in section 151(c);\n </text>\n </paragraph>\n <paragraph id=\"H848906BA66A04F43BE236433DB1FAA16\">\n <enum>\n (11)\n </enum>\n <text>\n an assurance the entity is licensed to operate in the State in which the center is located; and\n </text>\n </paragraph>\n <paragraph id=\"H97920F7B4BDF41C98E9E71BA72FC5148\">\n <enum>\n (12)\n </enum>\n <text>\n an assurance the entity will comply with and meet basic health and safety codes, including those measures described in section 152(b).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HF5FA4BA571474395852ABFEDA2A9FFAD\">\n <enum>\n (e)\n </enum>\n <header>\n Length of agreement\n </header>\n <text>\n The agreement described in subsection (a)(1)(A) shall be for not longer than a 2-year period. The Secretary may renew the agreement for 3 one-year periods if the entity meets the requirements of subsection (f).\n </text>\n </subsection>\n <subsection id=\"H93B863D592354D84BBFD26F137C4119B\">\n <enum>\n (f)\n </enum>\n <header>\n Renewal\n </header>\n <paragraph id=\"H9F67CC48ADCA48BCB5DD9298C0B3C8F2\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n Subject to paragraph (2), the Secretary may renew the terms of an agreement described in subsection (a)(1)(A) for an entity to operate a Job Corps center if the center meets or exceeds each of the indicators of performance described in section 159(c)(1).\n </text>\n </paragraph>\n <paragraph id=\"H46C38FB5180B4A8B9D08D3C6A5C4BA7D\">\n <enum>\n (2)\n </enum>\n <header>\n Recompetition\n </header>\n <subparagraph id=\"HB2F8C801E6F74D7598664066B5F2E225\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text>\n Notwithstanding paragraph (1), the Secretary shall not renew the terms of the agreement for an entity to operate a Job Corps center if such center is ranked in the bottom quintile of centers described in section 159(f)(2) for any program year. Such entity may submit a new application under subsection (d) only if such center has shown significant improvement on the indicators of performance described in section 159(c)(1) over the last program year.\n </text>\n </subparagraph>\n <subparagraph id=\"HDF64E0BFD41045AB9F9B674930A0B7CF\">\n <enum>\n (B)\n </enum>\n <header>\n Violations\n </header>\n <text>\n The Secretary shall not select an entity to operate a Job Corps center if such entity or such center has been found to have a systemic or substantial material failure that involves—\n </text>\n <clause id=\"H4DA50AA89302430290EA02B762F834C7\">\n <enum>\n (i)\n </enum>\n <text>\n a threat to the health, safety, or civil rights of program participants or staff;\n </text>\n </clause>\n <clause id=\"HAE402393E6A6441B9AB6384CC585CA46\">\n <enum>\n (ii)\n </enum>\n <text>\n the misuse of funds received under this subtitle;\n </text>\n </clause>\n <clause id=\"HA3C2E4B4E54642CEB9B1B48D982A03D1\">\n <enum>\n (iii)\n </enum>\n <text>\n loss of legal status or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds;\n </text>\n </clause>\n <clause id=\"HA12252A3B60241A994BBFD86EBE7C5B0\">\n <enum>\n (iv)\n </enum>\n <text>\n failure to meet any other Federal or State requirement that the entity has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified; or\n </text>\n </clause>\n <clause id=\"H2D57038FAEB2412A85FBF49FFF9641B3\">\n <enum>\n (v)\n </enum>\n <text>\n an unresolved area of noncompliance.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"HA9AB113720074305B814E9172E4A3732\">\n <enum>\n (g)\n </enum>\n <header>\n Current grantees\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 60 days after the date of enactment of the SKILLS Act and notwithstanding any previous grant award or renewals of such award under this subtitle, the Secretary shall require all entities operating a Job Corps center under this subtitle to submit an application under subsection (d) to carry out the requirements of this section.\n </text>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H9A8D4AA497654A39A42E3AA9E5645376\">\n <enum>\n 121.\n </enum>\n <header>\n Program activities\n </header>\n <text display-inline=\"no-display-inline\">\n Section 148 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2888\">\n 29 U.S.C. 2888\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H19B11EF0B5E54FB5AFDD1BEF16CCFC38\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by amending subsection (a) to read as follows:\n </text>\n <quoted-block id=\"H0EE5B2A83FFB4879AE8F4F462C0611AB\" style=\"OLC\">\n <subsection id=\"H36EC18DF63A447A4A6497A83AEFF1BE6\">\n <enum>\n (a)\n </enum>\n <header>\n Activities provided through job corps centers\n </header>\n <paragraph id=\"H86027AC699584BA9971AFF19B359F6F7\">\n <enum>\n (1)\n </enum>\n <header>\n In General\n </header>\n <text>\n Each Job Corps center shall provide enrollees with an intensive, well-organized, and supervised program of education, career, and technical education and training, work experience, recreational activities, physical rehabilitation and development, and counseling. Each Job Corps center shall provide enrollees assigned to the center with access to work-ready services described in section 134(c)(2).\n </text>\n </paragraph>\n <paragraph id=\"H7476DBCA7BB245498F7242F686D8F78A\">\n <enum>\n (2)\n </enum>\n <header>\n Relationship to opportunities\n </header>\n <subparagraph id=\"H3BAA59DB5DF744DBBB08AB9CF5388091\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text>\n The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment—\n </text>\n <clause id=\"HD170173B1842436AA5714F17A350442D\">\n <enum>\n (i)\n </enum>\n <text>\n secure and maintain meaningful unsubsidized employment;\n </text>\n </clause>\n <clause id=\"H47B7D5A432DD4BCCAAC77F4633ADEEFF\">\n <enum>\n (ii)\n </enum>\n <text>\n complete secondary education and obtain a regular secondary school diploma;\n </text>\n </clause>\n <clause id=\"H27F9786782314A5EA42C9C6513BAA8F8\">\n <enum>\n (iii)\n </enum>\n <text>\n enroll in and complete postsecondary education or training programs, including obtaining recognized postsecondary credentials, industry-recognized credentials, and registered apprenticeships; or\n </text>\n </clause>\n <clause id=\"H202EC13EB5C348B7A655E5D23E880295\">\n <enum>\n (iv)\n </enum>\n <text>\n satisfy Armed Forces requirements.\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H12A02D323B2040EC8CE984095C98B80C\">\n <enum>\n (B)\n </enum>\n <header>\n Link to employment opportunities\n </header>\n <text>\n The career and technical education and training provided shall be linked to the employment opportunities in in-demand industries in the State in which the Job Corps center is located.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HE53E05D4F39445CEBB7E3A6443C2D156\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (b)—\n </text>\n <subparagraph id=\"HA0D1B79C7D08490FB20468E69510523E\">\n <enum>\n (A)\n </enum>\n <text>\n in the subsection heading, by striking\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n Education and Vocational\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n Academic and Career and Technical Education and\n </header-in-text>\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"HE552ABEC5F1D451D9B3165722FBE4C95\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n may\n </quote>\n after\n <quote>\n The Secretary\n </quote>\n and inserting\n <quote>\n shall\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HEBC3D20689794ACAA6EDCDBAD563BDA6\">\n <enum>\n (C)\n </enum>\n <text>\n by striking\n <quote>\n vocational\n </quote>\n each place it appears and inserting\n <quote>\n career and technical\n </quote>\n ; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H5BBD052ABEBD422BBFED397EA643A5D7\">\n <enum>\n (3)\n </enum>\n <text>\n by amending paragraph (3) of subsection (c) to read as follows:\n </text>\n <quoted-block id=\"HFEEAEB1109554EFB8405EDD02B9B904B\" style=\"OLC\">\n <paragraph id=\"H13EC3315859C4969AC588C1A6B48602C\">\n <enum>\n (3)\n </enum>\n <header>\n Demonstration\n </header>\n <text>\n Each year, any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that—\n </text>\n <subparagraph id=\"H73B81DA8F189464E979163C00304142F\">\n <enum>\n (A)\n </enum>\n <text>\n participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and\n </text>\n </subparagraph>\n <subparagraph id=\"H520120C1906949B784D371952FEDE80D\">\n <enum>\n (B)\n </enum>\n <text>\n such operator has met or exceeded the indicators of performance described in paragraphs (1) and (2) of section 159(c) for the previous year.\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H8F7426066AD34A1C945544344F1D93A8\">\n <enum>\n 122.\n </enum>\n <header>\n Counseling and job placement\n </header>\n <text display-inline=\"no-display-inline\">\n Section 149 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2889\">\n 29 U.S.C. 2889\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HFBDC17C67B3B4C8291BB9C84092DAB74\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (a), by striking\n <quote>\n vocational\n </quote>\n and inserting\n <quote>\n career and technical education and\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HC3CEB36177FE486F875AA03C8893E2FD\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (b), by striking\n <quote>\n make every effort to arrange to\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H5A1F7F6F6BAC4337BADD3E2E559B1956\">\n <enum>\n (3)\n </enum>\n <text>\n by striking subsection (d).\n </text>\n </paragraph>\n </section>\n <section id=\"H7BAD333503C4473C9F47105F9E8BC509\">\n <enum>\n 123.\n </enum>\n <header>\n Support\n </header>\n <text display-inline=\"no-display-inline\">\n Subsection (b) of section 150 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2890\">\n 29 U.S.C. 2890\n </external-xref>\n ) is amended to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HF24914C9149542E3B789AF271AE236BF\" style=\"OLC\">\n <subsection id=\"H0A0E8FA450F94751AE503167C335A55A\">\n <enum>\n (b)\n </enum>\n <header>\n Transition allowances and support for graduates\n </header>\n <text display-inline=\"yes-display-inline\">\n The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of a recognized postsecondary credential, including an industry-recognized credential.\n </text>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n <section id=\"H0624CDEFF5BF424ABE0B36A89A63B7ED\">\n <enum>\n 124.\n </enum>\n <header>\n Operations\n </header>\n <text display-inline=\"no-display-inline\">\n Section 151 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2891\">\n 29 U.S.C. 2891\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H283A938901514B89AFDD5E148420B8C6\">\n <enum>\n (1)\n </enum>\n <text>\n in the header, by striking\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n Operating plan\n </header-in-text>\n .\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n Operations\n </header-in-text>\n .\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H41140DA546E9456A8CFDB695B67B5EBA\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (a), by striking\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n In General.\n </header-in-text>\n —\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n Operating Plan.\n </header-in-text>\n —\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H4DD0EBC1A82342B39A692B3F390FB327\">\n <enum>\n (3)\n </enum>\n <text>\n by striking subsection (b) and redesignating subsection (c) as subsection (b);\n </text>\n </paragraph>\n <paragraph id=\"H3E2DFF53D89448608BE50DDF2FA62FF6\">\n <enum>\n (4)\n </enum>\n <text>\n by amending subsection (b) (as so redesignated)—\n </text>\n <subparagraph id=\"H4EDD79C5E008473D81E5269010185C74\">\n <enum>\n (A)\n </enum>\n <text>\n in the heading by inserting\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n of Operating Plan\n </header-in-text>\n </quote>\n after\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n Availability\n </header-in-text>\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HBC92E8B5AA454BE696B291673310F6CD\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n subsections (a) and (b)\n </quote>\n and inserting\n <quote>\n subsection (a)\n </quote>\n ; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H14C197C9D58C437182C0AFA5F519AF54\">\n <enum>\n (5)\n </enum>\n <text>\n by adding at the end the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H3823DE8B62CC4D07B31F168C2DC0DA09\" style=\"OLC\">\n <subsection id=\"HE9952F12D8394324B8F4A4C96F1E783D\">\n <enum>\n (c)\n </enum>\n <header>\n Administrative costs\n </header>\n <text display-inline=\"yes-display-inline\">\n Not more than 10 percent of the funds allotted under section 147 to an entity selected to operate a Job Corps center may be used by the entity for administrative costs under this subtitle.\n </text>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"HAB8D723D43384F3AAA383E0F163CBA49\">\n <enum>\n 125.\n </enum>\n <header>\n Community participation\n </header>\n <text display-inline=\"no-display-inline\">\n Section 153 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2893\">\n 29 U.S.C. 2893\n </external-xref>\n ) is amended to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H6081222AF8484ED29D56704046318BF7\" style=\"OLC\">\n <section id=\"H6820D183B5894F8F81A019364E4A224C\">\n <enum>\n 153.\n </enum>\n <header>\n Community participation\n </header>\n <text display-inline=\"no-display-inline\">\n The director of each Job Corps center shall encourage and cooperate in activities to establish a mutually beneficial relationship between Job Corps centers in the State and nearby communities. Such activities may include the use of any local workforce development boards established under section 117 to provide a mechanism for joint discussion of common problems and for planning programs of mutual interest.\n </text>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n <section id=\"H335BA505BD154A5784C67BC2A4E47F7A\">\n <enum>\n 126.\n </enum>\n <header>\n Workforce councils\n </header>\n <text display-inline=\"no-display-inline\">\n Section 154 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2894\">\n 29 U.S.C. 2894\n </external-xref>\n ) is amended to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H43A951E2CAF14A68A5A216D57EE2A744\" style=\"OLC\">\n <section id=\"H98F837AD446E42B29DCF2D9413720547\">\n <enum>\n 154.\n </enum>\n <header>\n Workforce councils\n </header>\n <subsection id=\"HF7E21369FFD546649A64DD85CFF2CF8C\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text>\n Each Job Corps center shall have a workforce council appointed by the Governor of the State in which the Job Corps center is located.\n </text>\n </subsection>\n <subsection id=\"H5956D309AF37449BBE077572A0BD85AA\">\n <enum>\n (b)\n </enum>\n <header>\n Workforce council composition\n </header>\n <paragraph id=\"H52FC07CEB39245EFBCAAEA26323DEFC7\">\n <enum>\n (1)\n </enum>\n <header>\n In General\n </header>\n <text>\n A workforce council shall be comprised of—\n </text>\n <subparagraph id=\"H12087A43ABAA4E7CBFF9B31AA5C06E2E\">\n <enum>\n (A)\n </enum>\n <text>\n business members of the State board described in section 111(b)(1)(B)(i);\n </text>\n </subparagraph>\n <subparagraph id=\"H989D4A41A0384DAEAB46555A498E3FDF\">\n <enum>\n (B)\n </enum>\n <text>\n business members of the local boards described in section 117(b)(2)(A) located in the State;\n </text>\n </subparagraph>\n <subparagraph id=\"HBF5558847E97475DA8596D91CC36FEDD\">\n <enum>\n (C)\n </enum>\n <text>\n a representative of the State board described in section 111(f); and\n </text>\n </subparagraph>\n <subparagraph id=\"H9293B18D9AB84A20B2B97B99E3A89F0A\">\n <enum>\n (D)\n </enum>\n <text>\n such other representatives and State agency officials as the Governor may designate.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HF96F9DB0DA2C44F4B9CED86B1F76144C\">\n <enum>\n (2)\n </enum>\n <header>\n Majority\n </header>\n <text>\n A\n <fraction>\n 2/3\n </fraction>\n majority of the members of the workforce council shall be representatives described in paragraph (1)(A).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H4269A55AE6A84B33BBC0F8290DC5438F\">\n <enum>\n (c)\n </enum>\n <header>\n Responsibilities\n </header>\n <text>\n The responsibilities of the workforce council shall be—\n </text>\n <paragraph id=\"H9A11018D1B74479EBEFF5CA49219C420\">\n <enum>\n (1)\n </enum>\n <text>\n to review all the relevant labor market information, including related information in the State plan described in section 112, to—\n </text>\n <subparagraph id=\"HCB2331B0440040159C16CBEF4214EE53\">\n <enum>\n (A)\n </enum>\n <text>\n determine the in-demand industries in the State in which enrollees intend to seek employment after graduation;\n </text>\n </subparagraph>\n <subparagraph id=\"HC477DC1808754AD6B98365E80C819E34\">\n <enum>\n (B)\n </enum>\n <text>\n determine the skills and education that are necessary to obtain the employment opportunities described in subparagraph (A); and\n </text>\n </subparagraph>\n <subparagraph id=\"H276414679E394DA29619C4EB4A958725\">\n <enum>\n (C)\n </enum>\n <text>\n determine the type or types of career and technical education and training that will be implemented at the center to enable the enrollees to obtain the employment opportunities; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H261F03EC84954FF48BE9DE84A01EF62B\">\n <enum>\n (2)\n </enum>\n <text>\n to meet at least once a year to reevaluate the labor market information, and other relevant information, to determine any necessary changes in the career and technical education and training provided at the center.\n </text>\n </paragraph>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n <section display-inline=\"no-display-inline\" id=\"HC8EB8ADEC6774E69B1B128C6A7DA4A8D\">\n <enum>\n 127.\n </enum>\n <header>\n Technical assistance\n </header>\n <text display-inline=\"no-display-inline\">\n Section 156 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2896\">\n 29 U.S.C. 2896\n </external-xref>\n ) is amended to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HAC10589D2EB641ACA47DC5C78609FABF\" style=\"OLC\">\n <section id=\"H971EE5A58F4A4BB68CAEC756C7C68550\">\n <enum>\n 156.\n </enum>\n <header>\n Technical assistance to centers\n </header>\n <subsection id=\"H83B80D4BEF30452190B17446512A1D66\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n From the funds reserved under section 132(a)(3), the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for the Job Corps program for the purposes of improving program quality.\n </text>\n </subsection>\n <subsection id=\"H614F2B289C0C4049A555E7D7BF94DB8F\">\n <enum>\n (b)\n </enum>\n <header>\n Activities\n </header>\n <text>\n In providing training and technical assistance and for allocating resources for such assistance, the Secretary shall—\n </text>\n <paragraph id=\"HB40865A49BC94FDE9E38F65BBE5557B3\">\n <enum>\n (1)\n </enum>\n <text>\n assist entities, including those entities not currently operating a Job Corps center, in developing the application described in section 147(d);\n </text>\n </paragraph>\n <paragraph id=\"H7369073E3FCB442788AF30E9ED98A3EC\">\n <enum>\n (2)\n </enum>\n <text>\n assist Job Corps centers and programs in correcting deficiencies and violations under this subtitle;\n </text>\n </paragraph>\n <paragraph id=\"H9649DA9E237E4B26A339DAC0F54D0373\">\n <enum>\n (3)\n </enum>\n <text>\n assist Job Corps centers and programs in meeting or exceeding the indicators of performance described in paragraph (1) and (2) of section 159(c); and\n </text>\n </paragraph>\n <paragraph id=\"H6DF56821E54E4A8880C5AB5FEB4906BA\">\n <enum>\n (4)\n </enum>\n <text>\n assist Job Corps centers and programs in the development of sound management practices, including financial management procedures.\n </text>\n </paragraph>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n <section id=\"H232A2308BC5D4E8091E4F34281E8191A\">\n <enum>\n 128.\n </enum>\n <header>\n Special provisions\n </header>\n <text display-inline=\"no-display-inline\">\n Section 158(c)(1) (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2989\">\n 29 U.S.C. 2989(c)(1)\n </external-xref>\n ) is amended by striking\n <quote>\n title II of the Federal Property and Administrative Services Act of 1949 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/40/481\">\n 40 U.S.C. 481 et seq.\n </external-xref>\n )\n </quote>\n and inserting\n <quote>\n chapter of 5 title 40, United States Code,\n </quote>\n .\n </text>\n </section>\n <section id=\"H700E9AB4FFEC4EE9B01FC244C0753598\">\n <enum>\n 129.\n </enum>\n <header>\n Performance accountability management\n </header>\n <text display-inline=\"no-display-inline\">\n Section 159 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2899\">\n 29 U.S.C. 2899\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H8683D3A2235D4F49ADE5198CF2FB7D83\">\n <enum>\n (1)\n </enum>\n <text>\n in the section heading, by striking\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n Management Information\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n Performance Accountability and Management\n </header-in-text>\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HB6580E9C91C54AEC8081023D31B98875\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (a)(3), by inserting before the period at the end the following:\n <quote>\n , or operating costs for such centers result in a budgetary shortfall\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HBA4D6977A283455A9FFDA88C047D4749\">\n <enum>\n (3)\n </enum>\n <text>\n by striking subsections (c) through (g); and\n </text>\n </paragraph>\n <paragraph id=\"H32C3F366E4EC49B2A60402E6CDA7DE3E\">\n <enum>\n (4)\n </enum>\n <text>\n by inserting after subsection (b) the following:\n </text>\n <quoted-block id=\"HDE28D07E06364B3BBCC5F38EA414AA83\" style=\"OLC\">\n <subsection id=\"HDBE39BE0F2C2419F85EE86717A20D6E3\">\n <enum>\n (c)\n </enum>\n <header>\n Indicators of Performance\n </header>\n <paragraph id=\"HFA1C2991ED334AEEBB931D11613F42B3\">\n <enum>\n (1)\n </enum>\n <header>\n Primary indicators\n </header>\n <text>\n The annual primary indicators of performance for Job Corps centers shall include—\n </text>\n <subparagraph id=\"H5FD07FE1C18E446AAC8324EA342FE1BA\">\n <enum>\n (A)\n </enum>\n <text>\n the percentage and number of enrollees who graduate from the Job Corps center;\n </text>\n </subparagraph>\n <subparagraph id=\"HF8A5AF587B164332821065FE8CEE4C8B\">\n <enum>\n (B)\n </enum>\n <text>\n the percentage and number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps center, except that such calculation shall not include enrollment in education, the military or volunteer service;\n </text>\n </subparagraph>\n <subparagraph id=\"HF91F7F0AADE44FDD8EBF9F75ED6A7B89\">\n <enum>\n (C)\n </enum>\n <text>\n the percentage and number of graduates who obtained a recognized postsecondary credential, including an industry-recognized credential or a registered apprenticeship; and\n </text>\n </subparagraph>\n <subparagraph id=\"H2D88292B95F24DB1874E0F91560A1E66\">\n <enum>\n (D)\n </enum>\n <text>\n the cost per successful performance outcome, which is calculated by comparing the number of graduates who were placed in unsubsidized employment or obtained a recognized credential, including an industry-recognized credential, to total program costs, including all operations, construction, and administration costs at each Job Corp center.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H0BBF5B1D0DF34D6191CC667BAD642771\">\n <enum>\n (2)\n </enum>\n <header>\n Secondary indicators\n </header>\n <text>\n The annual secondary indicators of performance for Job Corps centers shall include—\n </text>\n <subparagraph id=\"HB47A484B7FC24D0DA92B3CE58B58B71A\">\n <enum>\n (A)\n </enum>\n <text>\n the percentage and number of graduates who entered unsubsidized employment not related to the career and technical education and training received through the Job Corps center;\n </text>\n </subparagraph>\n <subparagraph id=\"H441ADF71A540435F85F5DE2C98FA9EF2\">\n <enum>\n (B)\n </enum>\n <text>\n the percentage and number of graduates who entered into postsecondary education;\n </text>\n </subparagraph>\n <subparagraph id=\"H9EE10FEFE2BE4074A20982910C61760A\">\n <enum>\n (C)\n </enum>\n <text>\n the percentage and number of graduates who entered into the military;\n </text>\n </subparagraph>\n <subparagraph id=\"H362B84C13DCB4DA781650250C6E19229\">\n <enum>\n (D)\n </enum>\n <text>\n the average wage of graduates who are in unsubsidized employment—\n </text>\n <clause id=\"H7D2297392CD745AC812033EA876C64E1\">\n <enum>\n (i)\n </enum>\n <text>\n on the first day of employment; and\n </text>\n </clause>\n <clause id=\"H8849010F18C8461BBA397D07F1FC4902\">\n <enum>\n (ii)\n </enum>\n <text>\n 6 months after the first day;\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H00BAAA4C6F824DC4BE47EF0229B628B5\">\n <enum>\n (E)\n </enum>\n <text>\n the number and percentage of graduates who entered unsubsidized employment and were retained in the unsubsidized employment—\n </text>\n <clause id=\"HEE9A9B74757B4894BA6F867CC739A1F5\">\n <enum>\n (i)\n </enum>\n <text>\n 6 months after the first day of employment; and\n </text>\n </clause>\n <clause id=\"HDF12E25B308148ACAAC10ACD42586A51\">\n <enum>\n (ii)\n </enum>\n <text>\n 12 months after the first day of employment;\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H7BE7F9BB72804964ADCF87CED9C2920F\">\n <enum>\n (F)\n </enum>\n <text>\n the percentage and number of enrollees compared to the percentage and number of enrollees the Secretary has established targets in section 145(c)(1);\n </text>\n </subparagraph>\n <subparagraph id=\"HFD521D5BD6EE4CD4933665A147692125\">\n <enum>\n (G)\n </enum>\n <text>\n the cost per training slot, which is calculated by comparing the program’s maximum number of students that can be enrolled in a Job Corps center at any given time during the program year to the number of enrollees in the same program year; and\n </text>\n </subparagraph>\n <subparagraph id=\"HD1D0B541F0FE40C7933DBDF8C119DCCC\">\n <enum>\n (H)\n </enum>\n <text>\n the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b).\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H2CCC46B4CE7E4D538E7021B55D89A594\">\n <enum>\n (3)\n </enum>\n <header>\n Indicators of performance for recruiters\n </header>\n <text>\n The annual indicators of performance for recruiters shall include the measurements described in subparagraph (A) of paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2).\n </text>\n </paragraph>\n <paragraph id=\"HA597A728B95F455FB3C9BC685556A587\">\n <enum>\n (4)\n </enum>\n <header>\n Indicators of performance of career transition service providers\n </header>\n <text>\n The annual indicators of performance of career transition service providers shall include the measurements described in subparagraphs (B) and (C) of paragraph (1) and subparagraphs, (B), (C), (D), and (E) of paragraph (2).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H57DB8057048B4FD2993F2FD9907BE4D7\">\n <enum>\n (d)\n </enum>\n <header>\n Additional information\n </header>\n <text>\n The Secretary shall collect, and submit in the report described in subsection (f), information on the performance of each Job Corps center, and the Job Corps program, regarding—\n </text>\n <paragraph id=\"HB16934AF65E5412FB7DEA595F7D57522\">\n <enum>\n (1)\n </enum>\n <text>\n the number and percentage of former enrollees who obtained a regular secondary school diploma;\n </text>\n </paragraph>\n <paragraph id=\"HD041A7A7E6054F6888A88D188D2A8544\">\n <enum>\n (2)\n </enum>\n <text>\n the number and percentage of former enrollees who entered unsubsidized employment;\n </text>\n </paragraph>\n <paragraph id=\"H70558D2FD73B4FAEA37ED194BF403F32\">\n <enum>\n (3)\n </enum>\n <text>\n the number and percentage of former enrollees who obtained a recognized postsecondary credential, including an industry-recognized credential;\n </text>\n </paragraph>\n <paragraph id=\"H5A834D63B16041A39545631FBE19D18D\">\n <enum>\n (4)\n </enum>\n <text>\n the number and percentage of former enrollees who entered into military service; and\n </text>\n </paragraph>\n <paragraph id=\"H612BBBF12DEB4344998B79DFC340B8D2\">\n <enum>\n (5)\n </enum>\n <text>\n any additional information required by the Secretary.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HB5C93647521447FC8E6923D1BA0647E7\">\n <enum>\n (e)\n </enum>\n <header>\n Methods\n </header>\n <text>\n The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(i)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates.\n </text>\n </subsection>\n <subsection id=\"H1C8D4F13E43746D3B7A595C05EB83822\">\n <enum>\n (f)\n </enum>\n <header>\n Transparency and accountability\n </header>\n <paragraph id=\"H187A2D4A361F4C449D9E9F562E674597\">\n <enum>\n (1)\n </enum>\n <header>\n Report\n </header>\n <text>\n The Secretary shall collect and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education. Labor and Pensions of the Senate, as well as make available to the public by electronic means, a report containing—\n </text>\n <subparagraph id=\"H8D01263183394382BBA13FA04DE2D366\">\n <enum>\n (A)\n </enum>\n <text>\n information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraphs (1) and (2) of subsection (c);\n </text>\n </subparagraph>\n <subparagraph id=\"HFCBF8106ADFC4F059A29EF40CAC7D1FD\">\n <enum>\n (B)\n </enum>\n <text>\n a comparison of each Job Corps center, by rank, on the performance indicators described in paragraphs (1) and (2) of subsection (c);\n </text>\n </subparagraph>\n <subparagraph id=\"HE40FA75361E1472FBB4A79A8BB31EA85\">\n <enum>\n (C)\n </enum>\n <text>\n a comparison of each Job Corps center, by rank, on the average performance of all primary indicators described in paragraph (1) of subsection (c);\n </text>\n </subparagraph>\n <subparagraph id=\"HBABE5528876F45D2AC66263C9C187CE4\">\n <enum>\n (D)\n </enum>\n <text>\n information on the performance of the service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs; and\n </text>\n </subparagraph>\n <subparagraph id=\"H12003D2E74BE417DB46A10938B4941EA\">\n <enum>\n (E)\n </enum>\n <text>\n a comparison of each service provider, by rank, on the performance of all service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H4FDF96A40CAA44639F7B273AAAA683BC\">\n <enum>\n (2)\n </enum>\n <header>\n Assessment\n </header>\n <text>\n The Secretary shall conduct an annual assessment of the performance of each Job Corps center which shall include information on the Job Corps centers that—\n </text>\n <subparagraph id=\"H2D35F613B24143B99C44BED3B7FB9373\">\n <enum>\n (A)\n </enum>\n <text>\n are ranked in the bottom 10 percent on the performance indicator described in paragraph (1)(C); or\n </text>\n </subparagraph>\n <subparagraph id=\"H4F06F83606934A429B29FAD895626029\">\n <enum>\n (B)\n </enum>\n <text>\n have failed a safety and health code review described in subsection (g).\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HD791A8A4D6DD4E78B954E7D5E69C52BD\">\n <enum>\n (3)\n </enum>\n <header>\n Performance improvement\n </header>\n <text>\n With respect to a Job Corps center that is identified under paragraph (2) or reports less than 50 percent on the performance indicators described in subparagraphs (A), (B), or (C) of subsection (c)(1), the Secretary shall develop and implement a 1 year performance improvement plan. Such a plan shall require action including—\n </text>\n <subparagraph id=\"H3AC5C22388964C51B67E8641BDAE7179\">\n <enum>\n (A)\n </enum>\n <text>\n providing technical assistance to the center;\n </text>\n </subparagraph>\n <subparagraph id=\"HFC65551DC83C47C583CAEEF9B7EB8464\">\n <enum>\n (B)\n </enum>\n <text>\n changing the management staff of the center;\n </text>\n </subparagraph>\n <subparagraph id=\"H6B272AC8BACB48EDA4252AED5C78192C\">\n <enum>\n (C)\n </enum>\n <text>\n replacing the operator of the center;\n </text>\n </subparagraph>\n <subparagraph id=\"HB20C453EDE674AE5A98F8966625242F8\">\n <enum>\n (D)\n </enum>\n <text>\n reducing the capacity of the center; or\n </text>\n </subparagraph>\n <subparagraph id=\"H079BBC21B52E4493BC32DECD242FC99F\">\n <enum>\n (E)\n </enum>\n <text>\n closing the center.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H19FA41A6083E4571A4E0525A834BBF46\">\n <enum>\n (4)\n </enum>\n <header>\n Closure of job corps centers\n </header>\n <text display-inline=\"yes-display-inline\">\n Job Corps centers that have been identified under paragraph (2) for more than 4 consecutive years shall be closed. The Secretary shall ensure—\n </text>\n <subparagraph id=\"H93B95ED0376644E2948688D3F7074214\">\n <enum>\n (A)\n </enum>\n <text>\n that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register and other appropriate means; and\n </text>\n </subparagraph>\n <subparagraph id=\"H73877B1431C343D5AF7EBC476D58088A\">\n <enum>\n (B)\n </enum>\n <text>\n the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H0230D559A75D400685D34842BBDE7A78\">\n <enum>\n (g)\n </enum>\n <header>\n Participant health and safety\n </header>\n <text>\n The Secretary shall enter into an agreement with the General Services Administration or the appropriate State agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, to conduct an in-person review of the physical condition and health-related activities of each Job Corps center annually. Such review shall include a passing rate of occupancy under Federal and State ordinances.\n </text>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n </subtitle>\n <subtitle id=\"HD481C2835A77410DABC149C62DAAF82C\">\n <enum>\n D\n </enum>\n <header>\n National Programs\n </header>\n <section id=\"H67DB9E3E45174A6D8B536AB3E5E7C390\">\n <enum>\n 130.\n </enum>\n <header>\n Technical assistance\n </header>\n <text display-inline=\"no-display-inline\">\n Section 170 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2915\">\n 29 U.S.C. 2915\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H655CBB3F8830477E8B1CB3A2907EDAB0\">\n <enum>\n (1)\n </enum>\n <text>\n by striking subsection (b);\n </text>\n </paragraph>\n <paragraph id=\"HD08D22B5A0C54ECD967C53A1809EB6AB\">\n <enum>\n (2)\n </enum>\n <text>\n by striking:\n </text>\n <quoted-block id=\"H8A7D4DB42F01418DB85A464F415F6673\" style=\"OLC\">\n <subsection id=\"H4464A27021214C5AA2CE7763474EED48\">\n <enum>\n (a)\n </enum>\n <header>\n General technical assistance\n </header>\n </subsection>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H1798523D76EA4F9CAD838C70EAEB73D9\">\n <enum>\n (3)\n </enum>\n <text>\n by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c) respectively, and moving such subsections 2 ems to the left;\n </text>\n </paragraph>\n <paragraph id=\"HB71A3F1922714AD2BC415585C5E4D098\">\n <enum>\n (4)\n </enum>\n <text>\n in subsection (a) (as so redesignated)—\n </text>\n <subparagraph id=\"H078A3AC92615408791A386C08AEE0A80\">\n <enum>\n (A)\n </enum>\n <text>\n by inserting\n <quote>\n the training of staff providing rapid response services, the training of other staff of recipients of funds under this title, assistance regarding accounting and program operation practices (when such assistance would not be duplicative to assistance provided by the State), technical assistance to States that do not meet State performance measures described in section 136,\n </quote>\n after\n <quote>\n localities,\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H177A00F83C504832917D644774D708D8\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n from carrying out activities\n </quote>\n and all that follows up to the period and inserting\n <quote>\n to implement the amendments made by the SKILLS Act\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H1217ECCFA8E041C4BC5736F0D7C4BBEC\">\n <enum>\n (5)\n </enum>\n <text>\n in subsection (b) (as so redesignated)—\n </text>\n <subparagraph id=\"H8218108F576F48048D9353334C3E857F\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n paragraph (1)\n </quote>\n and inserting\n <quote>\n subsection (a)\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H0A947B9D64A347FDA0A04A0A0CE52137\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n , or recipient of financial assistance under any of sections 166 through 169,\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H3685C415E24E4D3F9EAA70995E89E804\">\n <enum>\n (C)\n </enum>\n <text>\n by striking\n <quote>\n or grant recipient\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H76297C80F3AD41858199441DB3E2A663\">\n <enum>\n (6)\n </enum>\n <text>\n in subsection (c) (as so redesignated), by striking\n <quote>\n paragraph (1)\n </quote>\n and inserting\n <quote>\n subsection (a)\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H9AEE336444C4468D8E0E196BBF46C075\">\n <enum>\n (7)\n </enum>\n <text>\n by inserting, after subsection (c) (as so redesignated), the following:\n </text>\n <quoted-block id=\"H28C4D1759D2D4F0C9FE01C8247EA308B\" style=\"OLC\">\n <subsection id=\"H7977DA969FF349BFBB8C81C41347D8DD\">\n <enum>\n (d)\n </enum>\n <header>\n Best practices coordination\n </header>\n <text>\n The Secretary shall—\n </text>\n <paragraph id=\"H7BD02ABE3EE74D1DBB114990CD6AC4CD\">\n <enum>\n (1)\n </enum>\n <text>\n establish a system through which States may share information regarding best practices with regard to the operation of workforce investment activities under this Act; and\n </text>\n </paragraph>\n <paragraph id=\"H71D626A6443F49E1AF79FC02B3FF1788\">\n <enum>\n (2)\n </enum>\n <text>\n evaluate and disseminate information regarding best practices and identify knowledge gaps.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H2BC512FAE9C748C0A678D9B295C1E367\">\n <enum>\n 131.\n </enum>\n <header>\n Evaluations\n </header>\n <text display-inline=\"no-display-inline\">\n Section 172 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2917\">\n 29 U.S.C. 2917\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HA27E32997A294816A5B18F5BA57AF426\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (a), by striking\n <quote>\n the Secretary shall provide for the continuing evaluation of the programs and activities, including those programs and activities carried out under section 171\n </quote>\n and inserting\n <quote>\n the Secretary, through grants, contracts, or cooperative agreements, shall conduct, at least once every 5 years, an independent evaluation of the programs and activities funded under this Act\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HD90EE3E8C1F64791920B5CACADDEA3E1\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (a)(4) is amended to read as follows:\n </text>\n <quoted-block id=\"H3C5482F1CD314A34AD707814206FF18D\" style=\"OLC\">\n <paragraph id=\"H4CE2A3B6AD95470DBB8F0A02DA53DD74\">\n <enum>\n (4)\n </enum>\n <text>\n the impact of receiving services and not receiving services under such programs and activities on the community, businesses, and individuals;\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H8DB21D0055A84ADFBAA1F1BA32149AB7\">\n <enum>\n (3)\n </enum>\n <text>\n in subsection (c) is amended to read as follows:\n </text>\n <quoted-block id=\"H8D184A547EB047F58604EA0AD9143FC9\" style=\"OLC\">\n <subsection id=\"H276FA253F67D4502977A284FF650FAD0\">\n <enum>\n (c)\n </enum>\n <header>\n Techniques\n </header>\n <text>\n Evaluations conducted under this section shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies, quasi-experimental methods, impact analysis and the use of administrative data. The Secretary shall conduct an impact analysis, as described in subsection (a)(4), of the formula grant program under subtitle B not later than 2015, and thereafter shall conduct such an analysis not less than once every four years.\n </text>\n </subsection>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H076C56E8767A49D8ADC87BB8F8D4C1CE\">\n <enum>\n (4)\n </enum>\n <text>\n in subsection (e) is amended by striking\n <quote>\n the Committee on Labor and Human Resources of the Senate\n </quote>\n and inserting\n <quote>\n the Committee on Health, Education, Labor, and Pensions of the Senate\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H45CE99BFD07241CDB28BF0725837E5AC\">\n <enum>\n (5)\n </enum>\n <text>\n by adding at the end, the following:\n </text>\n <quoted-block id=\"HFC4AA40512434B229A32C66F7D2E7411\" style=\"OLC\">\n <subsection id=\"H212175F8BD3041ADA92B16F2653EBD27\">\n <enum>\n (g)\n </enum>\n <header>\n Public availability\n </header>\n <text>\n The results of the evaluations conducted under this section shall be made publicly available, including by posting such results on the Department’s website.\n </text>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n </subtitle>\n <subtitle id=\"H605F3EDB703D44749917C71F7B7D710C\">\n <enum>\n E\n </enum>\n <header>\n Administration\n </header>\n <section id=\"HACFB9502845A4B34970FE6E6D6F83F96\">\n <enum>\n 132.\n </enum>\n <header>\n Requirements and restrictions\n </header>\n <text display-inline=\"no-display-inline\">\n Section 181 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2931\">\n 29 U.S.C. 2931\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HA415AC6A06FD41D8898DABCECCBBE80E\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (b)(6), by striking\n <quote>\n , including representatives of businesses and of labor organizations\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H5A5C09CF9B1B440BAC825339BD04DBDB\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (c)(2)(A), in the matter preceding clause (i), by striking\n <quote>\n shall\n </quote>\n and inserting\n <quote>\n may\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H617BBBDC1085476DAC32553CFE71B86C\">\n <enum>\n (3)\n </enum>\n <text>\n in subsection (e)—\n </text>\n <subparagraph id=\"H4BCBC806DCE245EBB0957BD8EB7B5B3D\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n training for\n </quote>\n and inserting\n <quote>\n the entry into employment, retention in employment, or increases in earnings of\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HC56E8A673CD944B393C660823944F70A\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n subtitle B\n </quote>\n and inserting\n <quote>\n this Act\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H204C480DF43D4AC68ACBCF14D784D781\">\n <enum>\n (4)\n </enum>\n <text>\n in subsection (f)(4), by striking\n <quote>\n 134(a)(3)(B)\n </quote>\n and inserting\n <quote>\n 134(a)(6)\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H3C7422C542704016BF47287BA67AED1B\">\n <enum>\n (5)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H4F15E59B073346F5A873506D92C94547\" style=\"OLC\">\n <subsection id=\"H030FEBA1309E499BBC410E16365F9936\">\n <enum>\n (g)\n </enum>\n <header>\n Salary and bonus limitation\n </header>\n <text display-inline=\"yes-display-inline\">\n No funds provided under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Level II of the Federal Executive Pay Schedule (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/5/5313\">\n 5 U.S.C. 5313\n </external-xref>\n ). This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the programs.\n </text>\n </subsection>\n <subsection id=\"HEE9F996BE1CB4ADDAA38598D438524FF\">\n <enum>\n (h)\n </enum>\n <header>\n General authority\n </header>\n <paragraph id=\"H5AC720DD9CFF423889C185D3B3E3179D\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n The Employment and Training Administration of the U.S. Department of Labor (hereinafter in this Act referred to as the\n <quote>\n Administration\n </quote>\n ) shall administer all programs authorized under title I and III of this Act. The Administration shall be headed by an Assistant Secretary appointed by the President by and with the advice and consent of the Senate. Except for titles II and IV, the Administration shall be the principal agency, and the Assistant Secretary shall be the principal officer, of such Department for carrying out this Act.\n </text>\n </paragraph>\n <paragraph id=\"H1EBAB00B9CD64244AF426EA6C1DC0F72\">\n <enum>\n (2)\n </enum>\n <header>\n Qualifications\n </header>\n <text>\n The Assistant Secretary shall be an individual with substantial experience in workforce development and in workforce development management. The Assistant Secretary shall also, to the maximum extent possible, possess knowledge and have worked in or with the State or local workforce investment system or have been a member of the business community. In the performance of the functions of the office, the Assistant Secretary shall be directly responsible to the Secretary or the Under Secretary as designed by the Secretary. The functions of the Assistant Secretary shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Assistant Secretary. Any reference in this Act to duties to be carried out by the Assistant Secretary shall be considered to be a reference to duties to be carried out by the Secretary acting through the Assistant Secretary.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"HF0DB761AB5A549B081CB3A70B29BEBCF\">\n <enum>\n 133.\n </enum>\n <header>\n Prompt allocation of funds\n </header>\n <text display-inline=\"no-display-inline\">\n Section 182 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2932\">\n 29 U.S.C. 2932\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H8627E163CFD54B838EA39B5B01B03C45\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (c), by striking\n <quote>\n 127 or\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HF64F1686D06947649FAFAA7646937F7C\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (e)—\n </text>\n <subparagraph id=\"H1A2D089E6EA0470F9F60483853287433\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n sections 128 and 133\n </quote>\n and inserting\n <quote>\n section 133\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HAB3519E1D2924E3792A8363BC450E11E\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n 127 or\n </quote>\n .\n </text>\n </subparagraph>\n </paragraph>\n </section>\n <section id=\"H9A70151724804C8EAAB9B005490682C3\">\n <enum>\n 134.\n </enum>\n <header>\n Fiscal controls; sanctions\n </header>\n <text display-inline=\"no-display-inline\">\n Section 184(a)(2) (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2934\">\n 29 U.S.C. 2934(a)(2)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HE4DD6D30B0574166986FABA43CB01589\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n (A)\n </quote>\n and all that follows through\n <quote>\n Each\n </quote>\n and inserting\n <quote>\n Each\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H1D10C0A561E242E7B08BC6872706181B\">\n <enum>\n (2)\n </enum>\n <text>\n by striking subparagraph (B).\n </text>\n </paragraph>\n </section>\n <section id=\"H3F33B0CC55FB401084D4468E9AE540FC\">\n <enum>\n 135.\n </enum>\n <header>\n Reports to Congress\n </header>\n <text display-inline=\"no-display-inline\">\n Section 185 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2935\">\n 29 U.S.C. 2935\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H3716EC97E09645E89549B44DB61A5EE0\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (c)—\n </text>\n <subparagraph id=\"HC99901C3852C4F02BD591A6B29B843F7\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (2), by striking\n <quote>\n and\n </quote>\n after the semicolon;\n </text>\n </subparagraph>\n <subparagraph id=\"H6FBD727DA35D402D91C520B665E11B12\">\n <enum>\n (B)\n </enum>\n <text>\n in paragraph (3), by striking the period and inserting\n <quote>\n ; and\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HDDDFF2F61B894B5F972F69F6A93CB881\">\n <enum>\n (C)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"H7DCB841D462D48D7A8F45199D7E98277\" style=\"OLC\">\n <paragraph id=\"H88D6FAA66E6E45E1B0306AFCEB196209\">\n <enum>\n (4)\n </enum>\n <text>\n shall have the option to submit or disseminate electronically any reports, records, plans, or any other data that are required to be collected or disseminated under this title.\n </text>\n </paragraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HEA3CA35D452A4F98B354B172B32DE27E\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (e)(2), by inserting\n <quote>\n and the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate,\n </quote>\n after\n <quote>\n Secretary,\n </quote>\n .\n </text>\n </paragraph>\n </section>\n <section id=\"H17373D4AEB784E0A9A74598B17342460\">\n <enum>\n 136.\n </enum>\n <header>\n Administrative provisions\n </header>\n <text display-inline=\"no-display-inline\">\n Section 189 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2939\">\n 29 U.S.C. 2939\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HDE89FE20E2044E909892AC5454CE3CFF\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (g)—\n </text>\n <subparagraph id=\"HECDCCBD8DA484AED91B375D4A6836775\">\n <enum>\n (A)\n </enum>\n <text>\n by amending paragraph (1) to read as follows:\n </text>\n <quoted-block id=\"HD48D5560F88841A8B46AE2211ABEA3C1\" style=\"OLC\">\n <paragraph id=\"HE036BA260CA142E3BA2B7E2600FA19C2\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n Appropriations for any fiscal year for programs and activities carried out under this title shall be available for obligation only on the basis of a program year. The program year shall begin on October 1 in the fiscal year for which the appropriation is made.\n </text>\n </paragraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"HAD959F6EFE5E4BAFB2E21C36A7ED9A6B\">\n <enum>\n (B)\n </enum>\n <text>\n in paragraph (2)—\n </text>\n <clause id=\"H62151E3C0B2E45A49B67E77B28A6AB11\">\n <enum>\n (i)\n </enum>\n <text>\n by striking\n <quote>\n each State\n </quote>\n and inserting\n <quote>\n each recipient\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"H42AE971F9CCB441D88280D9DC91128ED\">\n <enum>\n (ii)\n </enum>\n <text>\n by striking\n <quote>\n 171 or\n </quote>\n ;\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H0E08784C95E04938BEACF0F6B1619878\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (i)—\n </text>\n <subparagraph id=\"HFC4F3104BE4B453E87E32222D99D0D77\">\n <enum>\n (A)\n </enum>\n <text>\n by striking paragraphs (2) and (3);\n </text>\n </subparagraph>\n <subparagraph id=\"H8E70E60250CC4B888D57AE012C234507\">\n <enum>\n (B)\n </enum>\n <text>\n by redesignating paragraph (4) as paragraph (2);\n </text>\n </subparagraph>\n <subparagraph id=\"HDB598CE996214A5D9D35EC52CD3E517D\">\n <enum>\n (C)\n </enum>\n <text>\n by amending paragraph (2)(A), as so redesignated—\n </text>\n <clause id=\"HCC1C8CE224BA4E5BBEEEF6876166AD54\">\n <enum>\n (i)\n </enum>\n <text>\n by striking\n <quote>\n requirements of subparagraph (B)\n </quote>\n and all that follows through\n <quote>\n any of the statutory or regulatory requirements of subtitle B\n </quote>\n and inserting\n <quote>\n requirements of subparagraph (B) or (D), any of the statutory or regulatory requirements of subtitle B\n </quote>\n ;\n </text>\n </clause>\n <clause id=\"H02986E052BEB4F4296189729A7E8FE60\">\n <enum>\n (ii)\n </enum>\n <text>\n by striking clause (ii); and\n </text>\n </clause>\n <clause id=\"H142DAC7271774D06AA16669457823A7B\">\n <enum>\n (iii)\n </enum>\n <text>\n in clause (i), by striking\n <quote>\n ; and\n </quote>\n and inserting a period at the end; and\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HE5D132CD44344394ABBE53D9D12BCDEA\">\n <enum>\n (D)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"H9FC517E5128646548FB2A9E942E9FF6E\" style=\"OLC\">\n <subparagraph id=\"HA69089C879E046AEA5A697BD2B2185DA\">\n <enum>\n (D)\n </enum>\n <header>\n Expedited process for extending approved waivers to additional states\n </header>\n <text>\n In lieu of the requirements of subparagraphs (B) and (C), the Secretary may establish an expedited procedure for the purpose of extending to additional States the waiver of statutory or regulatory requirements that have been approved for a State pursuant to a request under subparagraph (B). Such procedure shall ensure that the extension of such waivers to additional States are accompanied by appropriate conditions relating the implementation of such waivers.\n </text>\n </subparagraph>\n <subparagraph id=\"HE65060C8EB2246618A8F25A1BF941495\">\n <enum>\n (E)\n </enum>\n <header>\n External Conditions\n </header>\n <text>\n The Secretary shall not require or impose new or additional requirements, which are not specified under this Act, on a State in exchange for providing a waiver to the State or a local area in the State under this paragraph.\n </text>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n </section>\n <section id=\"HEBC1CFC54BF34D68AEC28904BDD61820\">\n <enum>\n 137.\n </enum>\n <header>\n State legislative authority\n </header>\n <text display-inline=\"no-display-inline\">\n Section 191(a) (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2941\">\n 29 U.S.C. 2941(a)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HE63D17BF215F4F6CAFCADC36A937A5EF\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n consistent with the provisions of this title\n </quote>\n and inserting\n <quote>\n consistent with State law and the provisions of this title\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HDCC81F2C2F3248A8AE2370476797B825\">\n <enum>\n (2)\n </enum>\n <text>\n by striking\n <quote>\n consistent with the terms and conditions required under this title\n </quote>\n and inserting\n <quote>\n consistent with State law and the terms and conditions required under this title\n </quote>\n .\n </text>\n </paragraph>\n </section>\n <section id=\"H8CB86E855D9944EDA4B9197E9FA7C517\">\n <enum>\n 138.\n </enum>\n <header>\n General program requirements\n </header>\n <text display-inline=\"no-display-inline\">\n Section 195 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2945\">\n 29 U.S.C. 2945\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H4DABFE1CFCBF453F81B6CDBC5ABCCB80\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph (7), by inserting at the end the following:\n </text>\n <quoted-block id=\"HAC41E024D1D5401EAC1B7674076DC31A\" style=\"OLC\">\n <subparagraph id=\"HC55F66ED67B04DC0B5947CDE0AB95EA8\" indent=\"up1\">\n <enum>\n (D)\n </enum>\n <text>\n Funds received by a public or private nonprofit entity that are not described in paragraph (B), such as funds privately raised from philanthropic foundations, businesses, or other private entities, shall not be considered to be income under this title and shall not be subject to the requirements of this section.\n </text>\n </subparagraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H27B108103D024D5BBFC0F7F0F48F0AB2\">\n <enum>\n (2)\n </enum>\n <text>\n by adding at the end the following new paragraphs:\n </text>\n <quoted-block id=\"H24CC7B5AAE4843CDA93351475F41DB6D\" style=\"OLC\">\n <paragraph id=\"H38727419240548089F3C2EE59E98CF84\">\n <enum>\n (14)\n </enum>\n <text>\n Funds provided under this title shall not be used to establish or operate stand-alone fee-for-service enterprises that compete with private sector employment agencies within the meaning of section 701(c) of the Civil Rights Act of 1964 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/2000e\">\n 42 U.S.C. 2000e(c)\n </external-xref>\n ), except that for purposes of this paragraph, such an enterprise does not include one-stop centers.\n </text>\n </paragraph>\n <paragraph id=\"H37A871AD5606472DAC5F581A471AD179\">\n <enum>\n (15)\n </enum>\n <text>\n Any report required to be submitted to Congress, or to a Committee of Congress, under this title shall be submitted to both the chairmen and ranking minority members of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H7E95E54E3C034E66B62D6E226C6E5712\">\n <enum>\n 139.\n </enum>\n <header>\n Federal agency staff\n </header>\n <text display-inline=\"no-display-inline\">\n Subtitle E of title I (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2931\">\n 29 U.S.C. 2931 et seq.\n </external-xref>\n ) is amended by adding at the end the following new sections:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H6756099FDC1C4BE48CEB8097EEABA74B\" style=\"OLC\">\n <section id=\"H91BA090E54EA4E77B45808A9F0A3D170\">\n <enum>\n 196.\n </enum>\n <header>\n Federal agency staff\n </header>\n <text display-inline=\"no-display-inline\">\n The Director of the Office of Management and Budget shall—\n </text>\n <paragraph id=\"H15AFD601FD744A38A380424469767866\">\n <enum>\n (1)\n </enum>\n <text>\n not later than 60 days after the date of the enactment of the SKILLS Act—\n </text>\n <subparagraph id=\"H95757A26F1E045AD9107FD7B334709D8\">\n <enum>\n (A)\n </enum>\n <text>\n identify the number of Federal government employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment; and\n </text>\n </subparagraph>\n <subparagraph id=\"HD070EB30445E4300AC60C8BCDD196F65\">\n <enum>\n (B)\n </enum>\n <text>\n identify the number of full-time equivalent employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment, and that have been eliminated or consolidated on or after such date of enactment;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H53A52CCE1BB94E34908A65FD67306FF5\">\n <enum>\n (2)\n </enum>\n <text>\n not later than 90 after such date of enactment, publish the information described in paragraph (1) on the Office of Management and Budget website;\n </text>\n </paragraph>\n <paragraph id=\"H0A8BA3684C164632B41091F2E8EC2D0E\">\n <enum>\n (3)\n </enum>\n <text>\n not later than 1 year after such date of enactment—\n </text>\n <subparagraph id=\"HC773C01B2F514EAC8CADF4AFEF0D61E2\">\n <enum>\n (A)\n </enum>\n <text>\n reduce the workforce of the Federal Government by the number of full-time equivalent employees identified under paragraph (1)(B); and\n </text>\n </subparagraph>\n <subparagraph id=\"HCAA71459187A481BB23635F03AA49048\">\n <enum>\n (B)\n </enum>\n <text>\n submit to Congress a report on how the Director carried out the requirements of subparagraph (A).\n </text>\n </subparagraph>\n </paragraph>\n </section>\n <section id=\"H75E27E4174C645F3AA966D0D1EE997EC\">\n <enum>\n 197.\n </enum>\n <header>\n Restrictions on lobbying and political activities\n </header>\n <subsection id=\"H038366BC3ECF41488CB30F8EE0BA2794\">\n <enum>\n (a)\n </enum>\n <header>\n Lobbying restrictions\n </header>\n <paragraph id=\"HE71302D77920446B9FACC16B504FE0BD\">\n <enum>\n (1)\n </enum>\n <header>\n Publicity restrictions\n </header>\n <subparagraph id=\"HF961CE7B47974B539911989B022C6619\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text>\n Subject to subparagraph (B), no funds provided under this Act shall be used or proposed for use, for—\n </text>\n <clause id=\"HAFD6630882884B7EB26287DEDE925A72\">\n <enum>\n (i)\n </enum>\n <text>\n publicity or propaganda purposes; or\n </text>\n </clause>\n <clause id=\"H95BBABD14639422A9EF4B2DEA8985B07\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body.\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HA249CE6C9A224E9990ED4D2319F5765E\">\n <enum>\n (B)\n </enum>\n <header>\n Exception\n </header>\n <text display-inline=\"yes-display-inline\">\n Subparagraph (A) shall not apply to—\n </text>\n <clause id=\"HA5D1CCF57C7E4914806A7D92C9554C66\">\n <enum>\n (i)\n </enum>\n <text>\n normal and recognized executive-legislative relationships;\n </text>\n </clause>\n <clause id=\"HF1CABC0439CB448AB8BE357FC834E8A3\">\n <enum>\n (ii)\n </enum>\n <text>\n the preparation, distribution, or use of the materials described in subparagraph (A)(ii) in presentation to the Congress or any State or local legislature (except that this subparagraph does not apply with respect to such preparation, distribution, or use in presentation to the executive branch of any State or local government); or\n </text>\n </clause>\n <clause id=\"H6F505ACD180D44388ABA0A7C8BC9751C\">\n <enum>\n (iii)\n </enum>\n <text>\n if such materials are designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H0457BD8E8EA84A4FADB765266BB39F47\">\n <enum>\n (2)\n </enum>\n <header>\n Salary payment restriction\n </header>\n <text display-inline=\"yes-display-inline\">\n No funds provided under this Act shall be used, or proposed for use, to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulations, administrative action, or executive order proposed or pending before the Congress or any State government, or State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local, or tribal government in policymaking and administrative processes within the executive branch of that government.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H5BC1B64128D6476B89EB720E8DEFC77C\">\n <enum>\n (b)\n </enum>\n <header>\n Political restrictions\n </header>\n <paragraph id=\"HC4CC81FDA7B047B29D75694C4F5B780B\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n No funds received by a participant of a program or an activity under this Act shall be used for—\n </text>\n <subparagraph id=\"H7C2FDB0C3C14408FA616C5927E6D5F14\">\n <enum>\n (A)\n </enum>\n <text>\n any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; or\n </text>\n </subparagraph>\n <subparagraph id=\"HED4D3F746EF54343B6964F4AE91E4EB9\">\n <enum>\n (B)\n </enum>\n <text>\n any activity to provide voters with transportation to the polls or similar assistance in connection with any such election.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H2E5D4C3D91494C25BE31537617B9EB79\">\n <enum>\n (2)\n </enum>\n <header>\n Definition\n </header>\n <text display-inline=\"yes-display-inline\">\n For the purposes of this subsection, the term\n <quote>\n participant\n </quote>\n includes any State, local area, or governmental, nonprofit, or for-profit entity receiving funds under this Act.\n </text>\n </paragraph>\n <paragraph id=\"H18E88492076D44FE82117E35CFC5B78F\">\n <enum>\n (3)\n </enum>\n <header>\n Restriction on voter registration activities\n </header>\n <text display-inline=\"yes-display-inline\">\n No funds under this Act shall be used to conduct voter registration activities.\n </text>\n </paragraph>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n </subtitle>\n <subtitle id=\"H20012AD270F0480C80ACBAE616BE3B19\">\n <enum>\n F\n </enum>\n <header>\n State unified plan\n </header>\n <section id=\"HD9DF4AC0F2FE46ECA39D96C25E4446BB\">\n <enum>\n 140.\n </enum>\n <header>\n State unified plan\n </header>\n <text display-inline=\"no-display-inline\">\n Section 501 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/9271\">\n 20 U.S.C. 9271\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H2B1E35BE3F2E478097638C3EE062E15B\">\n <enum>\n (1)\n </enum>\n <text>\n by amending subsection (a) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H1D21BF66D223430BBF777E51F59C1569\" style=\"OLC\">\n <subsection id=\"H4E9CFA4780434EEA91A6253AD2BB65EC\">\n <enum>\n (a)\n </enum>\n <header>\n General authority\n </header>\n <text display-inline=\"yes-display-inline\">\n The Secretary shall receive and approve State unified plans developed and submitted under this section.\n </text>\n </subsection>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H93241F28E22A44A19DABFB25BE3C5339\">\n <enum>\n (2)\n </enum>\n <text>\n by amending subsection (b) to read as follows:\n </text>\n <quoted-block id=\"H5154B44914614FB8B175D9BBCDBE04A4\" style=\"OLC\">\n <subsection id=\"H799216EAFBF24C57AC3E5E92A7B4AA54\">\n <enum>\n (b)\n </enum>\n <header>\n State unified plan\n </header>\n <paragraph id=\"H7CE029EA6F114F86A3DD3C86234932F5\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n A State may develop and submit to the Secretary a State unified plan for 2 or more of the activities or programs set forth in paragraph (2). The State unified plan shall cover one or more of the activities set forth in subparagraphs (A) and (B) of paragraph (2) and may cover one or more of the activities set forth in subparagraphs (C) through (N) of paragraph (2). For purposes of this paragraph, the activities and programs described in subparagraphs (A) and (B) of paragraph (2) shall not be considered to be 2 or more activities or programs for purposes of the unified plan. Such activities or programs shall be considered to be 1 activity or program.\n </text>\n </paragraph>\n <paragraph id=\"H2DA9B54DB0534755A1D76E6C09A9DA3D\">\n <enum>\n (2)\n </enum>\n <header>\n Activities and programs\n </header>\n <text>\n The activities and programs referred to in paragraph (1) are as follows:\n </text>\n <subparagraph id=\"H25BB990FE5D64821A0AA885BE2C949F6\">\n <enum>\n (A)\n </enum>\n <text>\n Programs and activities authorized under title I.\n </text>\n </subparagraph>\n <subparagraph id=\"H0967C4CB3F7145AF9DE6C47C93EC80B1\">\n <enum>\n (B)\n </enum>\n <text>\n Programs and activities authorized under title II.\n </text>\n </subparagraph>\n <subparagraph id=\"H7032258F28624356BB5F10651C5E0A4F\">\n <enum>\n (C)\n </enum>\n <text>\n Programs authorized under the Rehabilitation Act of 1973.\n </text>\n </subparagraph>\n <subparagraph id=\"H828DC3B3D66E4D03AC0DEB355B4D8D42\">\n <enum>\n (D)\n </enum>\n <text>\n Secondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act.\n </text>\n </subparagraph>\n <subparagraph id=\"HCEF2B1497434439195FB88B3FDAA137D\">\n <enum>\n (E)\n </enum>\n <text>\n Postsecondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act.\n </text>\n </subparagraph>\n <subparagraph id=\"H2BBB66EEEE274C9C9E87B046521CB017\">\n <enum>\n (F)\n </enum>\n <text>\n Programs and activities authorized under title II of the Trade Act of 1974.\n </text>\n </subparagraph>\n <subparagraph id=\"HAD16014E5BFC479AAE89388C29F120DB\">\n <enum>\n (G)\n </enum>\n <text>\n National Apprenticeship Act of 1937.\n </text>\n </subparagraph>\n <subparagraph id=\"HC7758C006D0848A8B40210A3EEBDA634\">\n <enum>\n (H)\n </enum>\n <text>\n Programs authorized under the Community Services Block Grant Act.\n </text>\n </subparagraph>\n <subparagraph id=\"HE918F80EFE8F46BCBBAD4A7E4AF7231B\">\n <enum>\n (I)\n </enum>\n <text>\n Programs authorized under the part A of title IV of the Social Security Act.\n </text>\n </subparagraph>\n <subparagraph id=\"H2BAB9DCE27154594B9235770DDE9ED68\">\n <enum>\n (J)\n </enum>\n <text>\n Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law).\n </text>\n </subparagraph>\n <subparagraph id=\"HDCC688205C3044DDB51CBA8C5680899D\">\n <enum>\n (K)\n </enum>\n <text>\n Work programs authorized under section 6(o) of the Food Stamp Act of 1977.\n </text>\n </subparagraph>\n <subparagraph id=\"H46D2D90B94C140BFAD86B5E93525F3AD\">\n <enum>\n (L)\n </enum>\n <text>\n Programs and activities authorized title I of the Housing and Community Development Act of 1974.\n </text>\n </subparagraph>\n <subparagraph id=\"HFCEAE5E1A7B24F528E68D7454F712C87\">\n <enum>\n (M)\n </enum>\n <text>\n Programs and activities authorized under the Public Workers and Economic Development Act of 1965.\n </text>\n </subparagraph>\n <subparagraph id=\"HD995B32E69A6477290AEFE086416A41F\">\n <enum>\n (N)\n </enum>\n <text>\n Activities as defined under\n <external-xref legal-doc=\"usc-chapter\" parsable-cite=\"usc-chapter/38/41\">\n chapter 41\n </external-xref>\n of title 38, United States Code.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HE7EB0A41C66244C0AE55398F7D755F30\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by amending subsection (d) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H74A3482422074C029AED76FCA2DBDDB9\" style=\"OLC\">\n <subsection id=\"H1989209C3DB64310A301F4F016839CB1\">\n <enum>\n (d)\n </enum>\n <header>\n Approval\n </header>\n <paragraph id=\"HEC89D44AE06144E79B22312CFB589D71\">\n <enum>\n (1)\n </enum>\n <header>\n Jurisdiction\n </header>\n <text display-inline=\"yes-display-inline\">\n In approving a State unified plan under this section, the Secretary shall—\n </text>\n <subparagraph id=\"H42EFE2BC098D48CC8F2FCC5A95C83B9C\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n submit the portion of the State unified plan covering an activity or program described in subsection (b)(2) to the head of the Federal agency who exercises administrative authority over the activity or program for the approval of such portion by such Federal agency head; or\n </text>\n </subparagraph>\n <subparagraph id=\"H51215D0092764425942AFDA6D13F0078\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n coordinate approval of the portion of the State unified plan covering an activity or program described in subsection (b)(2) with the head of the Federal agency who exercises administrative authority over the activity or program.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H13F26061C02D4F5D9ABB4F951DFFA250\">\n <enum>\n (2)\n </enum>\n <header>\n Timeline\n </header>\n <text display-inline=\"yes-display-inline\">\n A State unified plan shall be considered to be approved by the Secretary at the end of the 90-day period beginning on the day the Secretary receives the plan, unless the Secretary makes a written determination, during the 90-day period, that details how the plan is not consistent with the requirements of the Federal statute authorizing an activity or program described in subsection (b)(2) and covered under the plan or how the plan is not consistent with the requirements of subsection (c)(3).\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H6A93FFB36C5A4100A9FE03103941DB35\">\n <enum>\n (4)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"HF0270707FA6F4D87BC8902226AE22524\" style=\"OLC\">\n <subsection id=\"H910252554AA44C0EAF1A638E601F32A2\">\n <enum>\n (e)\n </enum>\n <header>\n Additional employment and training funds\n </header>\n <paragraph id=\"H904A7FD161CA4856830977A458FBF2B1\">\n <enum>\n (1)\n </enum>\n <header>\n Purpose\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the purpose of this subsection to reduce inefficiencies in the administration of federally-funded State and local employment and training programs.\n </text>\n </paragraph>\n <paragraph id=\"H63DFC0823485404496C74C322C34418E\">\n <enum>\n (2)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n In developing a State unified plan for the activities or programs described in subsection (b)(2) and subject to paragraph (4) and the State plan approval process under subsection (d), a State may propose to consolidate the amount, in whole or part, provided for the activities or programs dedicated to employment and training into the Workforce Investment Fund under section 132(b) to improve the administration of State and local employment and training programs.\n </text>\n </paragraph>\n <paragraph id=\"H19D53E6187E74CC98FECD370B0D4071F\">\n <enum>\n (3)\n </enum>\n <header>\n Requirements\n </header>\n <text display-inline=\"yes-display-inline\">\n A State with a State unified plan approved under subsection (d) for purposes of consolidation under paragraph (2) and that is carrying out such consolidation shall—\n </text>\n <subparagraph id=\"H276A15C4F6BE469CB66F58D7E55BE42B\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n continue to meet the program requirements, limitations, and prohibitions of any Federal statute authorizing the activity or program consolidated into the Workforce Investment Fund;\n </text>\n </subparagraph>\n <subparagraph id=\"HCDB764C86F3740F5B0D271279C15509A\">\n <enum>\n (B)\n </enum>\n <text>\n meet the intent and purpose of the activity or program consolidated into the Workforce Investment Fund; and\n </text>\n </subparagraph>\n <subparagraph id=\"H9D05A6E9DE824573AD402E8D497A2F24\">\n <enum>\n (C)\n </enum>\n <text>\n continue to make reservations and allotments under subsections (a) and (b) of section 133.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HD97ACFE202C94E4485B7993193C548D8\">\n <enum>\n (4)\n </enum>\n <header>\n Exceptions\n </header>\n <text>\n A State may not consolidate funds under paragraph (2) that are allocated to the State under—\n </text>\n <subparagraph id=\"H0A91ED9288F34B7CAFFC478BC3CB57E6\">\n <enum>\n (A)\n </enum>\n <text>\n the Carl D. Perkins Career and Technical Education Act of 2006; or\n </text>\n </subparagraph>\n <subparagraph id=\"HC1F244BC627848CBB9942DDDB0BA9323\">\n <enum>\n (B)\n </enum>\n <text>\n the Rehabilitation Act of 1973.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n </subtitle>\n \n \n <enum>\n II\n </enum>\n <header>\n ADULT EDUCATION AND FAMILY LITERACY EDUCATION\n </header>\n <section id=\"H0E0340E4C1994D1E978F405E3A38458F\">\n <enum>\n 201.\n </enum>\n <header>\n Amendment\n </header>\n <text display-inline=\"no-display-inline\">\n Title II (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/2901\">\n 20 U.S.C. 2901 et seq.\n </external-xref>\n ) is amended to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H84974212989C4CAAB0591642FDEBA58E\" style=\"OLC\">\n <title id=\"H968FA3F78648466791825997CEE8A027\">\n <enum>\n II\n </enum>\n <header>\n ADULT EDUCATION AND FAMILY LITERACY EDUCATION\n </header>\n <section id=\"HA20B6C92C28F45A98E9B03C2FE930E9B\">\n <enum>\n 201.\n </enum>\n <header>\n Short title\n </header>\n <text display-inline=\"no-display-inline\">\n This title may be cited as the\n <quote>\n Adult Education and Family Literacy Education Act\n </quote>\n .\n </text>\n </section>\n <section id=\"H51FEA4F5A41F4A4E92F069C767848D7B\">\n <enum>\n 202.\n </enum>\n <header>\n Purpose\n </header>\n <text display-inline=\"no-display-inline\">\n It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and math skills, and support States and local communities in providing, on a voluntary basis, adult education and family literacy education programs, in order to—\n </text>\n <paragraph id=\"H2BA94004384041EB87FF375FF97A618F\">\n <enum>\n (1)\n </enum>\n <text>\n increase the literacy of adults, including the basic reading, writing, speaking, and math skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce;\n </text>\n </paragraph>\n <paragraph id=\"H73C9A955635944B7A7064ECAB053BD94\">\n <enum>\n (2)\n </enum>\n <text>\n assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution;\n </text>\n </paragraph>\n <paragraph id=\"H0E21DA7BF1E44D39BD5DA8179769C334\">\n <enum>\n (3)\n </enum>\n <text>\n assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children’s education including, through instruction in basic reading, writing, speaking, and math skills; and\n </text>\n </paragraph>\n <paragraph id=\"H96F6999954F3487EA11EEC73601E1002\">\n <enum>\n (4)\n </enum>\n <text>\n assist adults who are not proficient in English in improving their reading, writing, speaking, listening, comprehension, and math skills.\n </text>\n </paragraph>\n </section>\n <section id=\"HFB2B3DEBE7F74E3A90C290F40A81577B\">\n <enum>\n 203.\n </enum>\n <header>\n Definitions\n </header>\n <text display-inline=\"no-display-inline\">\n In this title:\n </text>\n <paragraph id=\"HE2FFB9221B944E3482C0C05AA7AE058B\">\n <enum>\n (1)\n </enum>\n <header>\n Adult education and family literacy education programs\n </header>\n <text>\n The term\n <term>\n adult education and family literacy education programs\n </term>\n means a sequence of academic instruction and educational services below the postsecondary level that increase an individual’s ability to read, write, and speak English and perform mathematical computations leading to a level of proficiency equivalent to at least a secondary school completion that is provided for individuals—\n </text>\n <subparagraph id=\"H59B412713EE84C04AA9AAD80360508CB\">\n <enum>\n (A)\n </enum>\n <text>\n who are at least 16 years of age;\n </text>\n </subparagraph>\n <subparagraph id=\"H1CDA26EA01EE476788AC1642C232381E\">\n <enum>\n (B)\n </enum>\n <text>\n who are not enrolled or required to be enrolled in secondary school under State law; and\n </text>\n </subparagraph>\n <subparagraph id=\"H7D81AB330D144BD499D40723F55754C3\">\n <enum>\n (C)\n </enum>\n <text>\n who—\n </text>\n <clause id=\"H1F9EE28A044746FF89E714204E159D64\">\n <enum>\n (i)\n </enum>\n <text>\n lack sufficient mastery of basic reading, writing, speaking, and math skills to enable the individuals to function effectively in society;\n </text>\n </clause>\n <clause id=\"HD8CB361FA2C741C689060752C9963F73\">\n <enum>\n (ii)\n </enum>\n <text>\n do not have a secondary school diploma or its equivalent and have not achieved an equivalent level of education; or\n </text>\n </clause>\n <clause id=\"H098D31B3A6EB496EBEEE4A9D669D8F90\">\n <enum>\n (iii)\n </enum>\n <text>\n are English learners.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HBB4E487DA5DD469AB63F08D5A4B03135\">\n <enum>\n (2)\n </enum>\n <header>\n Eligible agency\n </header>\n <text>\n The term\n <term>\n eligible agency\n </term>\n —\n </text>\n <subparagraph id=\"H634964F9999046E5A0F46032CC9C70A4\">\n <enum>\n (A)\n </enum>\n <text>\n means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and\n </text>\n </subparagraph>\n <subparagraph id=\"H9B935478333F49AD9FB96F47257E09AF\">\n <enum>\n (B)\n </enum>\n <text>\n may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HCC6A4F800C7742C4AC11F6887E006671\">\n <enum>\n (3)\n </enum>\n <header>\n Eligible provider\n </header>\n <text>\n The term\n <term>\n eligible provider\n </term>\n means an organization of demonstrated effectiveness which is—\n </text>\n <subparagraph id=\"HCAFCDDF0912B4F0987303C366DE0A230\">\n <enum>\n (A)\n </enum>\n <text>\n a local educational agency;\n </text>\n </subparagraph>\n <subparagraph id=\"HEA029B849A41407D8B811148D138DFEB\">\n <enum>\n (B)\n </enum>\n <text>\n a community-based or faith-based organization;\n </text>\n </subparagraph>\n <subparagraph id=\"HAA07FAA20A0F48289A12B1919C006751\">\n <enum>\n (C)\n </enum>\n <text>\n a volunteer literacy organization;\n </text>\n </subparagraph>\n <subparagraph id=\"H9E16FB02A79742D6A73AFEA2207B429F\">\n <enum>\n (D)\n </enum>\n <text>\n an institution of higher education;\n </text>\n </subparagraph>\n <subparagraph id=\"H39C8E000F64144E1920F8AC0F15776F3\">\n <enum>\n (E)\n </enum>\n <text>\n a public or private educational agency;\n </text>\n </subparagraph>\n <subparagraph id=\"H621B63E290054A05BE2190F50243BA66\">\n <enum>\n (F)\n </enum>\n <text>\n a library;\n </text>\n </subparagraph>\n <subparagraph id=\"HBD048D3568294B21A0FF5F117A30E84D\">\n <enum>\n (G)\n </enum>\n <text>\n a public housing authority;\n </text>\n </subparagraph>\n <subparagraph id=\"H3F1E08925ED342C9AA5CBB5F8ABDEE5C\">\n <enum>\n (H)\n </enum>\n <text>\n an institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or\n </text>\n </subparagraph>\n <subparagraph id=\"H338EE0D3306B46768EB29B297B600E95\">\n <enum>\n (I)\n </enum>\n <text>\n a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H).\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HA76BD5889FD4409FB04AC3F400987C2F\">\n <enum>\n (4)\n </enum>\n <header>\n English language acquisition program\n </header>\n <text>\n The term\n <term>\n English language acquisition program\n </term>\n means a program of instruction—\n </text>\n <subparagraph id=\"H1212D2A3E64E46848D54AD3CF75E49E9\">\n <enum>\n (A)\n </enum>\n <text>\n designed to help English learners achieve competence in reading, writing, speaking, and comprehension of the English language; and\n </text>\n </subparagraph>\n <subparagraph id=\"HA052F306E00E4BCB9C8E153261BAF745\">\n <enum>\n (B)\n </enum>\n <text>\n that may lead to—\n </text>\n <clause id=\"HF7A249676CF04B97A4CE64A986C0084A\">\n <enum>\n (i)\n </enum>\n <text>\n attainment of a secondary school diploma or its recognized equivalent;\n </text>\n </clause>\n <clause id=\"H0341F79E5EBC401891A2A8D47C417544\">\n <enum>\n (ii)\n </enum>\n <text>\n transition to success in postsecondary education and training; and\n </text>\n </clause>\n <clause id=\"H8A8900C019454EC29A32AE171859D73A\">\n <enum>\n (iii)\n </enum>\n <text>\n employment or career advancement.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H9A683ADA757A4429A5E6E414DE920089\">\n <enum>\n (5)\n </enum>\n <header>\n Family literacy education program\n </header>\n <text>\n The term\n <term>\n family literacy education program\n </term>\n means an educational program that—\n </text>\n <subparagraph id=\"H7532C91EAFC24399A56FB416E91005D9\">\n <enum>\n (A)\n </enum>\n <text>\n assists parents and students, on a voluntary basis, in achieving the purposes of this title as described in section 202; and\n </text>\n </subparagraph>\n <subparagraph id=\"H6EB2420375924C538C71AC97330C9C97\">\n <enum>\n (B)\n </enum>\n <text>\n is of sufficient intensity in terms of hours and of sufficient quality to make sustainable changes in a family, is evidence-based, and, for the purpose of substantially increasing the ability of parents and children to read, write, and speak English, integrates—\n </text>\n <clause id=\"HD29067B723624DC0A1969B2529018676\">\n <enum>\n (i)\n </enum>\n <text>\n interactive literacy activities between parents and their children;\n </text>\n </clause>\n <clause id=\"H626C4D4AF6174870830408E4EE1267C1\">\n <enum>\n (ii)\n </enum>\n <text>\n training for parents regarding how to be the primary teacher for their children and full partners in the education of their children;\n </text>\n </clause>\n <clause id=\"H98694EC7D6D441C293CDB952CE907696\">\n <enum>\n (iii)\n </enum>\n <text>\n parent literacy training that leads to economic self-sufficiency; and\n </text>\n </clause>\n <clause id=\"HD71056B310CC43E6815FC677BB31EE7C\">\n <enum>\n (iv)\n </enum>\n <text>\n an age-appropriate education to prepare children for success in school and life experiences.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HE0C4F3705F9D4202B8B67ADF10D3422E\">\n <enum>\n (6)\n </enum>\n <header>\n Governor\n </header>\n <text>\n The term\n <term>\n Governor\n </term>\n means the chief executive officer of a State or outlying area.\n </text>\n </paragraph>\n <paragraph id=\"H6DEB1DFFB77C494B84A0F20C2180E5A0\">\n <enum>\n (7)\n </enum>\n <header>\n Individual with a disability\n </header>\n <subparagraph id=\"H504110EA01CA40F6B3C1970D0C0604D3\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text>\n The term\n <term>\n individual with a disability\n </term>\n means an individual with any disability (as defined in section 3 of the Americans with Disabilities Act of 1990).\n </text>\n </subparagraph>\n <subparagraph id=\"HD313BB210C50407D8830EE87C3BA5836\">\n <enum>\n (B)\n </enum>\n <header>\n Individuals with disabilities\n </header>\n <text>\n The term\n <term>\n individuals with disabilities\n </term>\n means more than one individual with a disability.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H2F22B5115130443E91B4157B05A446D3\">\n <enum>\n (8)\n </enum>\n <header>\n English learner\n </header>\n <text>\n The term\n <term>\n English learner\n </term>\n means an adult or out-of-school youth who has limited ability in reading, writing, speaking, or understanding the English language, and—\n </text>\n <subparagraph id=\"H5D8379F3CAFF4E89953DCEF8511DDF32\">\n <enum>\n (A)\n </enum>\n <text>\n whose native language is a language other than English; or\n </text>\n </subparagraph>\n <subparagraph id=\"H9DC68F196BF3455388F3DBA73444A18B\">\n <enum>\n (B)\n </enum>\n <text>\n who lives in a family or community environment where a language other than English is the dominant language.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H497139216A394310A8BF00E7DFE7BB4F\">\n <enum>\n (9)\n </enum>\n <header>\n Integrated Education and Training\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n integrated education and training\n </term>\n means services that provide adult education and literacy activities contextually and concurrently with workforce preparation activities and workforce training for a specific occupation or occupational cluster. Such services may include offering adult education services concurrent with postsecondary education and training, including through co-instruction.\n </text>\n </paragraph>\n <paragraph id=\"HD9DFFF91BD1843E18A436765898281AC\">\n <enum>\n (10)\n </enum>\n <header>\n Institution of higher education\n </header>\n <text>\n The term\n <term>\n institution of higher education\n </term>\n has the meaning given the term in section 101 of the Higher Education Act of 1965.\n </text>\n </paragraph>\n <paragraph id=\"H18BE548E8AFF4FD7A3B12D332ADED48D\">\n <enum>\n (11)\n </enum>\n <header>\n Literacy\n </header>\n <text>\n The term\n <term>\n literacy\n </term>\n means an individual’s ability to read, write, and speak in English, compute, and solve problems at a level of proficiency necessary to obtain employment and to successfully make the transition to postsecondary education.\n </text>\n </paragraph>\n <paragraph id=\"H307E12EAA697403F86E179D2EEE12C7F\">\n <enum>\n (12)\n </enum>\n <header>\n Local educational agency\n </header>\n <text>\n The term\n <term>\n local educational agency\n </term>\n has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.\n </text>\n </paragraph>\n <paragraph id=\"HA31079B6E3F64E34980225ACEC1D51F6\">\n <enum>\n (13)\n </enum>\n <header>\n Outlying area\n </header>\n <text>\n The term\n <term>\n outlying area\n </term>\n has the meaning given the term in section 101 of this Act.\n </text>\n </paragraph>\n <paragraph id=\"H73D4076CA98845E69D3D152FF0FB3712\">\n <enum>\n (14)\n </enum>\n <header>\n Postsecondary educational institution\n </header>\n <text>\n The term\n <term>\n postsecondary educational institution\n </term>\n means—\n </text>\n <subparagraph id=\"H0E434EB3E3AF428881A67F1735CF3A04\">\n <enum>\n (A)\n </enum>\n <text>\n an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree;\n </text>\n </subparagraph>\n <subparagraph id=\"HA13341E8D27B4230AB5363BE088E73C1\">\n <enum>\n (B)\n </enum>\n <text>\n a tribally controlled community college; or\n </text>\n </subparagraph>\n <subparagraph id=\"H271E2197C0094BE58A1744EA1DDEDD0C\">\n <enum>\n (C)\n </enum>\n <text>\n a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HF2EF560DCFFB40E89D0FD16EB2B333E0\">\n <enum>\n (15)\n </enum>\n <header>\n Secretary\n </header>\n <text>\n The term\n <term>\n Secretary\n </term>\n means the Secretary of Education.\n </text>\n </paragraph>\n <paragraph id=\"H0730B2F6DA4743B48F9261D48C280DE2\">\n <enum>\n (16)\n </enum>\n <header>\n State\n </header>\n <text>\n The term\n <term>\n State\n </term>\n means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.\n </text>\n </paragraph>\n <paragraph id=\"H0EE2080C89174F60801CF3B05D8D9E27\">\n <enum>\n (17)\n </enum>\n <header>\n State educational agency\n </header>\n <text>\n The term\n <term>\n State educational agency\n </term>\n has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.\n </text>\n </paragraph>\n <paragraph id=\"H7FFC8793764F4B8887B77C7A2D548ABE\">\n <enum>\n (18)\n </enum>\n <header>\n Workplace literacy program\n </header>\n <text>\n The term\n <term>\n workplace literacy program\n </term>\n means an educational program that is offered in collaboration between eligible providers and employers or employee organizations for the purpose of improving the productivity of the workforce through the improvement of reading, writing, speaking, and math skills.\n </text>\n </paragraph>\n </section>\n <section id=\"H7F025F9C1C9A42999FE6B92ED3103B62\">\n <enum>\n 204.\n </enum>\n <header>\n Home schools\n </header>\n <text display-inline=\"no-display-inline\">\n Nothing in this title shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, or to compel a parent engaged in home schooling to participate in adult education and family literacy education activities under this title.\n </text>\n </section>\n <section id=\"HBD9888368342413185E9549C4F542C51\">\n <enum>\n 205.\n </enum>\n <header>\n Authorization of appropriations\n </header>\n <text display-inline=\"no-display-inline\">\n There are authorized to be appropriated to carry out this title, $606,294,933 for fiscal years 2014 and for each of the 6 succeeding fiscal years.\n </text>\n </section>\n <subtitle id=\"H39070CE2B7824FCE96559AD29C5CBB54\">\n <enum>\n A\n </enum>\n <header>\n Federal Provisions\n </header>\n <section id=\"H26B38404969C46D2A4EE29898D10DDF7\">\n <enum>\n 211.\n </enum>\n <header>\n Reservation of funds; grants to eligible agencies; allotments\n </header>\n <subsection id=\"HD8FCC9AFFF16446884EFF2B9CD643C7E\">\n <enum>\n (a)\n </enum>\n <header>\n Reservation of funds\n </header>\n <text>\n From the sums appropriated under section 205 for a fiscal year, the Secretary shall reserve 2.0 percent to carry out section 242.\n </text>\n </subsection>\n <subsection id=\"H66DFBD11642C4C81AE6E9511D30282E2\">\n <enum>\n (b)\n </enum>\n <header>\n Grants to eligible agencies\n </header>\n <paragraph id=\"H851D9473130D4E37BAC9F53E33C932A4\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g).\n </text>\n </paragraph>\n <paragraph id=\"H65FF10CBF6614ED59D5CE4EF8F716CD2\">\n <enum>\n (2)\n </enum>\n <header>\n Purpose of grants\n </header>\n <text>\n The Secretary may award a grant under paragraph (1) only if the eligible agency involved agrees to expend the grant in accordance with the provisions of this title.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HD4C2C5FD7BE84A5A93765F469D5B627C\">\n <enum>\n (c)\n </enum>\n <header>\n Allotments\n </header>\n <paragraph id=\"H4756EA6DD1404BB5A3E408559807A28A\">\n <enum>\n (1)\n </enum>\n <header>\n Initial allotments\n </header>\n <text>\n From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224—\n </text>\n <subparagraph id=\"HC67B872BFEBB4601A80C3C755F8EC5CC\">\n <enum>\n (A)\n </enum>\n <text>\n $100,000, in the case of an eligible agency serving an outlying area; and\n </text>\n </subparagraph>\n <subparagraph id=\"H2707C4FD3EA74DF79C9E2E2159ABA203\">\n <enum>\n (B)\n </enum>\n <text>\n $250,000, in the case of any other eligible agency.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H378E7AF4765446FBA3C5DCD2DC90AC1A\">\n <enum>\n (2)\n </enum>\n <header>\n Additional allotments\n </header>\n <text>\n From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H84CB255EFD974D289B2DC19D034A6AB3\">\n <enum>\n (d)\n </enum>\n <header>\n Qualifying adult\n </header>\n <text>\n For the purpose of subsection (c)(2), the term\n <term>\n qualifying adult\n </term>\n means an adult who—\n </text>\n <paragraph id=\"H29370A95971A4F5C804EC06ADF8629BD\">\n <enum>\n (1)\n </enum>\n <text>\n is at least 16 years of age;\n </text>\n </paragraph>\n <paragraph id=\"H4BA74BBCFCCA4BC68962E9C25579FFD9\">\n <enum>\n (2)\n </enum>\n <text>\n is beyond the age of compulsory school attendance under the law of the State or outlying area;\n </text>\n </paragraph>\n <paragraph id=\"H20CCE8066F48452F9FFD4F221E98C15A\">\n <enum>\n (3)\n </enum>\n <text>\n does not have a secondary school diploma or its recognized equivalent; and\n </text>\n </paragraph>\n <paragraph id=\"H2C7666AA948243F4A80E97B39F0CF9C1\">\n <enum>\n (4)\n </enum>\n <text>\n is not enrolled in secondary school.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HC99F1CE580C94A39AE210C5203E0E234\">\n <enum>\n (e)\n </enum>\n <header>\n Special rule\n </header>\n <paragraph id=\"HA10E3DB990124471BAFC730D5D39C787\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary.\n </text>\n </paragraph>\n <paragraph id=\"H8D3F7C0D656F4DD491D7BD01D3305048\">\n <enum>\n (2)\n </enum>\n <header>\n Termination of eligibility\n </header>\n <text>\n Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HD38E5041B2C94EE4BACD2C253ADF8F6E\">\n <enum>\n (f)\n </enum>\n <header>\n Hold-Harmless provisions\n </header>\n <paragraph id=\"H2539CFB0CC8A43E6A537355271B93E98\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n Notwithstanding subsection (c) and subject to paragraph (2), for—\n </text>\n <subparagraph id=\"HA1938E0E09D44F378A0758C74E7DCEB4\">\n <enum>\n (A)\n </enum>\n <text>\n fiscal year 2014, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for fiscal year 2012 under this title; and\n </text>\n </subparagraph>\n <subparagraph id=\"H59471FB93EC747A5B028AFFD73264691\">\n <enum>\n (B)\n </enum>\n <text>\n fiscal year 2015 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H1645856E5BA349BE9DEA8E5964FDE0E6\">\n <enum>\n (2)\n </enum>\n <header>\n Ratable reduction\n </header>\n <text>\n If, for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratable reduce the payments to all eligible agencies, as necessary.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H9BC063CC2B0B4E599CAFC450573C03A4\">\n <enum>\n (g)\n </enum>\n <header>\n Reallotment\n </header>\n <text>\n The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year.\n </text>\n </subsection>\n </section>\n <section id=\"HF4133C411AF0472DAA8718B61CE2B232\">\n <enum>\n 212.\n </enum>\n <header>\n Performance accountability system\n </header>\n <text display-inline=\"no-display-inline\">\n Programs and activities authorized under this title are subject to the performance accountability provisions described in paragraph (2)(A) and (3) of section 136(b) and may, at a State’s discretion, include additional indicators identified in the State plan approved under section 224.\n </text>\n </section>\n </subtitle>\n <subtitle id=\"H7637C88508E244ECB3B11C8EAA9EDE73\">\n <enum>\n B\n </enum>\n <header>\n State Provisions\n </header>\n <section id=\"H7655B1FE5C8E42AFB7418EBDB6ECA350\">\n <enum>\n 221.\n </enum>\n <header>\n State administration\n </header>\n <text display-inline=\"no-display-inline\">\n Each eligible agency shall be responsible for the following activities under this title:\n </text>\n <paragraph id=\"HE8F6D8DD2E3F487AAE60B03A30256254\">\n <enum>\n (1)\n </enum>\n <text>\n The development, submission, implementation, and monitoring of the State plan.\n </text>\n </paragraph>\n <paragraph id=\"HBF2AEE3FC66A405AB4C9008AB871A336\">\n <enum>\n (2)\n </enum>\n <text>\n Consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title.\n </text>\n </paragraph>\n <paragraph id=\"HCEABFE6712494B5897294A6DC870C2AC\">\n <enum>\n (3)\n </enum>\n <text>\n Coordination and avoidance of duplication with other Federal and State education, training, corrections, public housing, and social service programs.\n </text>\n </paragraph>\n </section>\n <section id=\"H52FA255153F34B4F822D948841C6E0DA\">\n <enum>\n 222.\n </enum>\n <header>\n State distribution of funds; matching requirement\n </header>\n <subsection id=\"HA5A74A4DDB4447CABFC93EE749A589D5\">\n <enum>\n (a)\n </enum>\n <header>\n State distribution of funds\n </header>\n <text>\n Each eligible agency receiving a grant under this title for a fiscal year—\n </text>\n <paragraph id=\"H595038BEC3084D63BC42166580102150\">\n <enum>\n (1)\n </enum>\n <text>\n shall use an amount not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 10 percent of such amount shall be available to carry out section 225;\n </text>\n </paragraph>\n <paragraph id=\"H23745774B7494EBC84FD3FEE0A59E28A\">\n <enum>\n (2)\n </enum>\n <text>\n shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and\n </text>\n </paragraph>\n <paragraph id=\"HBD45F977548945F694F039B921633DE0\">\n <enum>\n (3)\n </enum>\n <text>\n shall use not more than 5 percent of the grant funds, or $65,000, whichever is greater, for the administrative expenses of the eligible agency.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HD3E67521B3F041DE9AC69990F1FBB588\">\n <enum>\n (b)\n </enum>\n <header>\n Matching requirement\n </header>\n <paragraph id=\"HC07C6A461B224D8E806ADA6BFBA823ED\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n In order to receive a grant from the Secretary under section 211(b), each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and family literacy education programs for which the grant is awarded, a non-Federal contribution in an amount that is not less than—\n </text>\n <subparagraph id=\"HD89E004EE2854B62AA21D11350C9BFF6\">\n <enum>\n (A)\n </enum>\n <text>\n in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and family literacy education programs in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and\n </text>\n </subparagraph>\n <subparagraph id=\"H08F16A3E9CA54317991C094FD9DED251\">\n <enum>\n (B)\n </enum>\n <text>\n in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and family literacy education programs in the State.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H3403807F8A394732A48828168871DAFE\">\n <enum>\n (2)\n </enum>\n <header>\n Non-federal contribution\n </header>\n <text>\n An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and family literacy education programs in a manner that is consistent with the purpose of this title.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H72EB9D774B3E49A3A1D4832A23680B73\">\n <enum>\n 223.\n </enum>\n <header>\n State leadership activities\n </header>\n <subsection id=\"HB6EC77545D264A62842AABF808BCFDD7\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text>\n Each eligible agency may use funds made available under section 222(a)(2) for any of the following adult education and family literacy education programs:\n </text>\n <paragraph id=\"HA1F5388180CB4425A704D5A66EAFDEDB\">\n <enum>\n (1)\n </enum>\n <text>\n The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b).\n </text>\n </paragraph>\n <paragraph id=\"H6BE928ABCC204C63839DED310B560B54\">\n <enum>\n (2)\n </enum>\n <text>\n The provision of technical assistance to eligible providers of adult education and family literacy education programs, including for the development and dissemination of evidence based research instructional practices in reading, writing, speaking, math, and English language acquisition programs.\n </text>\n </paragraph>\n <paragraph id=\"HCA12A9046D094E7FA1B79E5C73417A58\">\n <enum>\n (3)\n </enum>\n <text>\n The provision of assistance to eligible providers in developing, implementing, and reporting measurable progress in achieving the objectives of this title.\n </text>\n </paragraph>\n <paragraph id=\"H4435D48285094382B7AE0B23C240A6FB\">\n <enum>\n (4)\n </enum>\n <text>\n The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities.\n </text>\n </paragraph>\n <paragraph id=\"H9DACDE49570440EB97BA1C0F2D27EC5F\">\n <enum>\n (5)\n </enum>\n <text>\n The provision of technology assistance, including staff training, to eligible providers of adult education and family literacy education programs, including distance education activities, to enable the eligible providers to improve the quality of such activities.\n </text>\n </paragraph>\n <paragraph id=\"HECA809A0E32C4E6EB907348EBA156C4E\">\n <enum>\n (6)\n </enum>\n <text>\n The development and implementation of technology applications or distance education, including professional development to support the use of instructional technology.\n </text>\n </paragraph>\n <paragraph id=\"H04E80F6BABE048D583553FC171162574\">\n <enum>\n (7)\n </enum>\n <text>\n Coordination with other public programs, including programs under title I of this Act, and other welfare-to-work, workforce development, and job training programs.\n </text>\n </paragraph>\n <paragraph id=\"H38366C7F049943459BB3C93FBCA3D34A\">\n <enum>\n (8)\n </enum>\n <text>\n Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and family literacy education programs, for adults enrolled in such activities.\n </text>\n </paragraph>\n <paragraph id=\"H8C4EEDBDEFFE40D1B2B56563D6902477\">\n <enum>\n (9)\n </enum>\n <text>\n The development and implementation of a system to assist in the transition from adult basic education to postsecondary education.\n </text>\n </paragraph>\n <paragraph id=\"HD454B17B929C4F3BBF4FFC51B8BFF60F\">\n <enum>\n (10)\n </enum>\n <text>\n Activities to promote workplace literacy programs.\n </text>\n </paragraph>\n <paragraph id=\"H28F4CB0BD9FA4AA5B588B1D7B233A937\">\n <enum>\n (11)\n </enum>\n <text>\n Other activities of statewide significance, including assisting eligible providers in achieving progress in improving the skill levels of adults who participate in programs under this title.\n </text>\n </paragraph>\n <paragraph id=\"HF781417E05124F2DB00206C716CB2538\">\n <enum>\n (12)\n </enum>\n <text>\n Integration of literacy, instructional, and occupational skill training and promotion of linkages with employees.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HBD1D4C9E26854E938548B59C9CFF2167\">\n <enum>\n (b)\n </enum>\n <header>\n Coordination\n </header>\n <text>\n In carrying out this section, eligible agencies shall coordinate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a).\n </text>\n </subsection>\n <subsection id=\"H61DBC5FA5CEA4B16908814E57E083A76\">\n <enum>\n (c)\n </enum>\n <header>\n State-Imposed requirements\n </header>\n <text>\n Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area.\n </text>\n </subsection>\n </section>\n <section id=\"HA5370C6C91EF4267B9A0404DB94CA7DC\">\n <enum>\n 224.\n </enum>\n <header>\n State plan\n </header>\n <subsection id=\"HC456D2E22EAB449D87040F71EABDA95C\">\n <enum>\n (a)\n </enum>\n <header>\n 3-Year plans\n </header>\n <paragraph id=\"H885874181D0C420BA5C402578B0DE5B7\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n Each eligible agency desiring a grant under this title for any fiscal year shall submit to, or have on file with, the Secretary a 3-year State plan.\n </text>\n </paragraph>\n <paragraph id=\"HA03A3734D526422BBD4F6673CAE36B83\">\n <enum>\n (2)\n </enum>\n <header>\n State unified plan\n </header>\n <text>\n The eligible agency may submit the State plan as part of a State unified plan described in section 501.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H52A23EFF357248C8B067DC9CEEAC2BFC\">\n <enum>\n (b)\n </enum>\n <header>\n Plan contents\n </header>\n <text>\n The eligible agency shall include in the State plan or any revisions to the State plan—\n </text>\n <paragraph id=\"HD8E71512E296442594E2D5912220F43B\">\n <enum>\n (1)\n </enum>\n <text>\n an objective assessment of the needs of individuals in the State or outlying area for adult education and family literacy education programs, including individuals most in need or hardest to serve;\n </text>\n </paragraph>\n <paragraph id=\"HA5E606D7F69E4FA696C1DDA2D07420E7\">\n <enum>\n (2)\n </enum>\n <text>\n a description of the adult education and family literacy education programs that will be carried out with funds received under this title;\n </text>\n </paragraph>\n <paragraph id=\"H64279ABA162F4BA3B7F0D3BA26EE23D7\">\n <enum>\n (3)\n </enum>\n <text>\n an assurance that the funds received under this title will not be expended for any purpose other than for activities under this title;\n </text>\n </paragraph>\n <paragraph id=\"HD7FEC733FD954569A8B4855DDAC2D758\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n a description of how the eligible agency will annually evaluate and measure the effectiveness and improvement of the adult education and family literacy education programs funded under this title using the indicators of performance described in section 136, including how the eligible agency will conduct such annual evaluations and measures for each grant received under this title;\n </text>\n </paragraph>\n <paragraph id=\"HF19D82441264497088F38EA4C6A0661D\">\n <enum>\n (5)\n </enum>\n <text>\n a description of how the eligible agency will fund local activities in accordance with the measurable goals described in section 231(d);\n </text>\n </paragraph>\n <paragraph id=\"H7E406A7E2FCE4044AF4190FBE4BE0060\">\n <enum>\n (6)\n </enum>\n <text>\n an assurance that the eligible agency will expend the funds under this title only in a manner consistent with fiscal requirements in section 241;\n </text>\n </paragraph>\n <paragraph id=\"H0410C34036A04CBD831EFFA2E784ED62\">\n <enum>\n (7)\n </enum>\n <text>\n a description of the process that will be used for public participation and comment with respect to the State plan, which—\n </text>\n <subparagraph id=\"HEE2C8619F2F04269B753A1CBC4F675D5\">\n <enum>\n (A)\n </enum>\n <text>\n shall include consultation with the State workforce investment board, the State board responsible for administering community or technical colleges, the Governor, the State educational agency, the State board or agency responsible for administering block grants for temporary assistance to needy families under title IV of the Social Security Act, the State council on disabilities, the State vocational rehabilitation agency, and other State agencies that promote the improvement of adult education and family literacy education programs, and direct providers of such programs; and\n </text>\n </subparagraph>\n <subparagraph id=\"H643EF1C770E04EEAAD8CDD674D41CBD3\">\n <enum>\n (B)\n </enum>\n <text>\n may include consultation with the State agency on higher education, institutions responsible for professional development of adult education and family literacy education programs instructors, representatives of business and industry, refugee assistance programs, and faith-based organizations;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HB3771B285649409B8C637ED980AA90A5\">\n <enum>\n (8)\n </enum>\n <text>\n a description of the eligible agency’s strategies for serving populations that include, at a minimum—\n </text>\n <subparagraph id=\"HC866433315844AC0B868FD226ED12EE8\">\n <enum>\n (A)\n </enum>\n <text>\n low-income individuals;\n </text>\n </subparagraph>\n <subparagraph id=\"HA4A7B8F336BB49ADA9DD665CBCCB1F4F\">\n <enum>\n (B)\n </enum>\n <text>\n individuals with disabilities;\n </text>\n </subparagraph>\n <subparagraph id=\"H29A57480E3DF4F37B5CF9C95633BFA9C\">\n <enum>\n (C)\n </enum>\n <text>\n the unemployed;\n </text>\n </subparagraph>\n <subparagraph id=\"H3B2AE5878024427BAA1DD0551B15C718\">\n <enum>\n (D)\n </enum>\n <text>\n the underemployed; and\n </text>\n </subparagraph>\n <subparagraph id=\"H9DD54E72727E417B8690B5922E0BEB9E\">\n <enum>\n (E)\n </enum>\n <text>\n individuals with multiple barriers to educational enhancement, including English learners;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H14E5083AEF4940929786FD9A75131C4D\">\n <enum>\n (9)\n </enum>\n <text>\n a description of how the adult education and family literacy education programs that will be carried out with any funds received under this title will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency;\n </text>\n </paragraph>\n <paragraph id=\"H8EAB23CFE87445A98E2EB64F797ED94C\">\n <enum>\n (10)\n </enum>\n <text>\n a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 231(c)(1), including—\n </text>\n <subparagraph id=\"HB8AB0C7E876D435CB403013C2C26E378\">\n <enum>\n (A)\n </enum>\n <text>\n how the State will build the capacity of community-based and faith-based organizations to provide adult education and family literacy education programs; and\n </text>\n </subparagraph>\n <subparagraph id=\"HCE1AC31C7C424E5EA46F968196664D17\">\n <enum>\n (B)\n </enum>\n <text>\n how the State will increase the participation of business and industry in adult education and family literacy education programs;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H65FBC787B2D7473A83D27FD1A63307A7\">\n <enum>\n (11)\n </enum>\n <text>\n an assessment of the adequacy of the system of the State or outlying area to ensure teacher quality and a description of how the State or outlying area will use funds received under this subtitle to improve teacher quality, including evidence-based professional development to improve instruction; and\n </text>\n </paragraph>\n <paragraph id=\"HC8696D668575479C8344AD8D0F2BD057\">\n <enum>\n (12)\n </enum>\n <text>\n a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HC13FD0DFDEEE4B47AA0FC4DEBF84C447\">\n <enum>\n (c)\n </enum>\n <header>\n Plan revisions\n </header>\n <text>\n When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions of the State plan to the Secretary.\n </text>\n </subsection>\n <subsection id=\"H099A9BE3E7E240179C19AE571F41FF4A\">\n <enum>\n (d)\n </enum>\n <header>\n Consultation\n </header>\n <text>\n The eligible agency shall—\n </text>\n <paragraph id=\"H371FC761FCDC441389A67F923C5D6558\">\n <enum>\n (1)\n </enum>\n <text>\n submit the State plan, and any revisions to the State plan, to the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, or outlying area for review and comment; and\n </text>\n </paragraph>\n <paragraph id=\"HABA1A638143D442581E69529C1B585AD\">\n <enum>\n (2)\n </enum>\n <text>\n ensure that any comments regarding the State plan by the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, and any revision to the State plan, are submitted to the Secretary.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H234F808623544CDA81B61BE182CAA022\">\n <enum>\n (e)\n </enum>\n <header>\n Plan approval\n </header>\n <text>\n The Secretary shall—\n </text>\n <paragraph id=\"H4B2EB140918449749DBCDEDCCB468AB1\">\n <enum>\n (1)\n </enum>\n <text>\n approve a State plan within 90 days after receiving the plan unless the Secretary makes a written determination within 30 days after receiving the plan that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and\n </text>\n </paragraph>\n <paragraph id=\"H81935C41184B4FA285601DDE6B6F4893\">\n <enum>\n (2)\n </enum>\n <text>\n not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (3), to review the plan and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H83D551B17D984666B36D909506F5A31E\">\n <enum>\n 225.\n </enum>\n <header>\n Programs for corrections education and other institutionalized individuals\n </header>\n <subsection id=\"H2F2D3892212648A4B9E4A091F81B2617\">\n <enum>\n (a)\n </enum>\n <header>\n Program authorized\n </header>\n <text>\n From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals.\n </text>\n </subsection>\n <subsection id=\"H4DA21C2311E748719FD10D87F467C8DD\">\n <enum>\n (b)\n </enum>\n <header>\n Uses of funds\n </header>\n <text>\n The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for—\n </text>\n <paragraph id=\"H59EFC685CFE844CA8DF56BAD96E29069\">\n <enum>\n (1)\n </enum>\n <text>\n basic skills education;\n </text>\n </paragraph>\n <paragraph id=\"HEFDEBD4A31614844B3F66A6B793FEE88\">\n <enum>\n (2)\n </enum>\n <text>\n special education programs as determined by the eligible agency;\n </text>\n </paragraph>\n <paragraph id=\"H6DD4F04EC7D04DE08EE6A5D37B297746\">\n <enum>\n (3)\n </enum>\n <text>\n reading, writing, speaking, and math programs;\n </text>\n </paragraph>\n <paragraph id=\"H64153D5329DE45F3868C003B737598B2\">\n <enum>\n (4)\n </enum>\n <text>\n secondary school credit or diploma programs or their recognized equivalent; and\n </text>\n </paragraph>\n <paragraph id=\"H9F5EDE6C8CC04D1DA9093B6BD7077C61\">\n <enum>\n (5)\n </enum>\n <text>\n integrated education and training.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H821F3BD57E21485BB2B4A33756FA2534\">\n <enum>\n (c)\n </enum>\n <header>\n Priority\n </header>\n <text>\n Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program.\n </text>\n </subsection>\n <subsection id=\"H3CE5508AF44B4669A35FE9EB318DDEFA\">\n <enum>\n (d)\n </enum>\n <header>\n Definitions\n </header>\n <text>\n For purposes of this section:\n </text>\n <paragraph id=\"H5B7E0D71448D42B38B9D31580E84AAB4\">\n <enum>\n (1)\n </enum>\n <header>\n Correctional institution\n </header>\n <text>\n The term\n <term>\n correctional institution\n </term>\n means any—\n </text>\n <subparagraph id=\"HE2D120CED34642228EC4FC27D3A297F1\">\n <enum>\n (A)\n </enum>\n <text>\n prison;\n </text>\n </subparagraph>\n <subparagraph id=\"H8635F9067A714611901CE4323FAB5D5A\">\n <enum>\n (B)\n </enum>\n <text>\n jail;\n </text>\n </subparagraph>\n <subparagraph id=\"HD302E5159DD64AB2A8D9ED20E864BE80\">\n <enum>\n (C)\n </enum>\n <text>\n reformatory;\n </text>\n </subparagraph>\n <subparagraph id=\"H68292ED997594372B0F746383B05ADA9\">\n <enum>\n (D)\n </enum>\n <text>\n work farm;\n </text>\n </subparagraph>\n <subparagraph id=\"HA5896E972259405AB772D1F1617171B5\">\n <enum>\n (E)\n </enum>\n <text>\n detention center; or\n </text>\n </subparagraph>\n <subparagraph id=\"H066E4FEE64FE48368C7350F7A32CE66A\">\n <enum>\n (F)\n </enum>\n <text>\n halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H0520D7469A134FBDB9B9B166E008159D\">\n <enum>\n (2)\n </enum>\n <header>\n Criminal offender\n </header>\n <text>\n The term\n <term>\n criminal offender\n </term>\n means any individual who is charged with, or convicted of, any criminal offense.\n </text>\n </paragraph>\n </subsection>\n </section>\n </subtitle>\n <subtitle id=\"H30CB685E2A4A41B48EC69F149E06069B\">\n <enum>\n C\n </enum>\n <header>\n Local Provisions\n </header>\n <section id=\"H9640BEAE25FF48FD9CB9BF58B8C9C031\">\n <enum>\n 231.\n </enum>\n <header>\n Grants and contracts for eligible providers\n </header>\n <subsection id=\"H1B3764839DB649F69D5AE7929C606F27\">\n <enum>\n (a)\n </enum>\n <header>\n Grants and contracts\n </header>\n <text>\n From grant funds made available under section 222(a)(1), each eligible agency shall award multi-year grants or contracts, on a competitive basis, to eligible providers within the State or outlying area that meet the conditions and requirements of this title to enable the eligible providers to develop, implement, and improve adult education and family literacy education programs within the State.\n </text>\n </subsection>\n <subsection id=\"H35E4E2C2409A46EC8565E43C1F645440\">\n <enum>\n (b)\n </enum>\n <header>\n Local activities\n </header>\n <text>\n The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to establish or operate—\n </text>\n <paragraph id=\"HD92E1D0A112E476AABEC1A5E40FEC113\">\n <enum>\n (1)\n </enum>\n <text>\n programs that provide adult education and literacy activities;\n </text>\n </paragraph>\n <paragraph id=\"H1F0132012F5E41DCBBDCCF46993D21C0\">\n <enum>\n (2)\n </enum>\n <text>\n programs that provide integrated employment and training activities; or\n </text>\n </paragraph>\n <paragraph id=\"H8C43BA03921D48A3BFC87959176D9402\">\n <enum>\n (3)\n </enum>\n <text>\n credit-bearing postsecondary coursework.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H417B671D7E604DDAB0367EB4CC38BE00\">\n <enum>\n (c)\n </enum>\n <header>\n Direct and equitable access; same process\n </header>\n <text>\n Each eligible agency receiving funds under this title shall ensure that—\n </text>\n <paragraph id=\"H7DF9BD9155CC4E099F66D410F708834E\">\n <enum>\n (1)\n </enum>\n <text>\n all eligible providers have direct and equitable access to apply for grants or contracts under this section; and\n </text>\n </paragraph>\n <paragraph id=\"H6971A4DED3954907A7E89515DD15EC46\">\n <enum>\n (2)\n </enum>\n <text>\n the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H2B2107BBEB0248F7828BA9BCB90EDFBA\">\n <enum>\n (d)\n </enum>\n <header>\n Measurable goals\n </header>\n <text>\n The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to demonstrate—\n </text>\n <paragraph id=\"H704C3A2190D4408590DFFABE6190F6DB\">\n <enum>\n (1)\n </enum>\n <text>\n the eligible provider’s measurable goals for participant outcomes to be achieved annually on the core indicators of performance described in section 136(b)(2)(A);\n </text>\n </paragraph>\n <paragraph id=\"HF3073A4F2F904585A883BB1A70E0B4C0\">\n <enum>\n (2)\n </enum>\n <text>\n the past effectiveness of the eligible provider in improving the basic academic skills of adults and, for eligible providers receiving grants in the prior year, the success of the eligible provider receiving funding under this title in exceeding its performance goals in the prior year;\n </text>\n </paragraph>\n <paragraph id=\"H51404473B6ED436CAA443C49713C4511\">\n <enum>\n (3)\n </enum>\n <text>\n the commitment of the eligible provider to serve individuals in the community who are the most in need of basic academic skills instruction services, including individuals with disabilities and individuals who are low-income or have minimal reading, writing, speaking, and math skills, or are English learners;\n </text>\n </paragraph>\n <paragraph id=\"H5B05A01201C849FAB0D921F8C6D3AFF7\">\n <enum>\n (4)\n </enum>\n <text>\n the program is of sufficient intensity and quality for participants to achieve substantial learning gains;\n </text>\n </paragraph>\n <paragraph id=\"H2C70DFAEE9BF46F7B4486936832D1038\">\n <enum>\n (5)\n </enum>\n <text>\n educational practices are evidence-based;\n </text>\n </paragraph>\n <paragraph id=\"H57D51963C18D49FFB6C0C79879C0F49C\">\n <enum>\n (6)\n </enum>\n <text>\n the activities of the eligible provider effectively employ advances in technology, and delivery systems including distance education;\n </text>\n </paragraph>\n <paragraph id=\"H7F99AF571EBE4418A452E17F03BE4F4E\">\n <enum>\n (7)\n </enum>\n <text>\n the activities provide instruction in real-life contexts, including integrated education and training when appropriate, to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship;\n </text>\n </paragraph>\n <paragraph id=\"HC442C051A052409D85DA8D14DBB33C55\">\n <enum>\n (8)\n </enum>\n <text>\n the activities are staffed by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the State;\n </text>\n </paragraph>\n <paragraph id=\"H38ECBBA31F084DBD971A4B7D23C2340B\">\n <enum>\n (9)\n </enum>\n <text>\n the activities are coordinated with other available resources in the community, such as through strong links with elementary schools and secondary schools, postsecondary educational institutions, local workforce investment boards, one-stop centers, job training programs, community-based and faith-based organizations, and social service agencies;\n </text>\n </paragraph>\n <paragraph id=\"H7964CD01951D4C7783A02D960F826758\">\n <enum>\n (10)\n </enum>\n <text>\n the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs;\n </text>\n </paragraph>\n <paragraph id=\"HFBD1F8664D1F4113A68AF867DB975684\">\n <enum>\n (11)\n </enum>\n <text>\n the activities include a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and to monitor program performance;\n </text>\n </paragraph>\n <paragraph id=\"HB33A5BAB02204E41B6F2E87F5ED5F924\">\n <enum>\n (12)\n </enum>\n <text>\n the local communities have a demonstrated need for additional English language acquisition programs, and integrated education and training programs;\n </text>\n </paragraph>\n <paragraph id=\"H6A0CF4B7A2DB4BDEB974019469B56839\">\n <enum>\n (13)\n </enum>\n <text>\n the capacity of the eligible provider to produce valid information on performance results, including enrollments and measurable participant outcomes;\n </text>\n </paragraph>\n <paragraph id=\"HA284440DEECD447DB0D61858739FE4AB\">\n <enum>\n (14)\n </enum>\n <text>\n adult education and family literacy education programs offer rigorous reading, writing, speaking, and math content that are evidence based; and\n </text>\n </paragraph>\n <paragraph id=\"H23AE08E44FF94D4A9721933B6A26E70E\">\n <enum>\n (15)\n </enum>\n <text>\n applications of technology, and services to be provided by the eligible providers, are of sufficient intensity and duration to increase the amount and quality of learning and lead to measurable learning gains within specified time periods.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H996B1E00ECB84AF1B92AF8E2518A192A\">\n <enum>\n (e)\n </enum>\n <header>\n Special rule\n </header>\n <text>\n Eligible providers may use grant funds under this title to serve children participating in family literacy programs assisted under this part, provided that other sources of funds available to provide similar services for such children are used first.\n </text>\n </subsection>\n </section>\n <section id=\"HA9D6D898C59A42E88115C86578DCAB5B\">\n <enum>\n 232.\n </enum>\n <header>\n Local application\n </header>\n <text display-inline=\"no-display-inline\">\n Each eligible provider desiring a grant or contract under this title shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including—\n </text>\n <paragraph id=\"HA3BD430AA65F4340A63FB139F5322AFA\">\n <enum>\n (1)\n </enum>\n <text>\n a description of how funds awarded under this title will be spent consistent with the requirements of this title;\n </text>\n </paragraph>\n <paragraph id=\"H931A4E24AD8A44AEAA4738538E8289BE\">\n <enum>\n (2)\n </enum>\n <text>\n a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and family literacy education programs; and\n </text>\n </paragraph>\n <paragraph id=\"H20449FDD189F43F1826742416DA3B3F8\">\n <enum>\n (3)\n </enum>\n <text>\n each of the demonstrations required by section 231(d).\n </text>\n </paragraph>\n </section>\n <section id=\"HE951D6EAAE2A4CC88C7463EAC495ED39\">\n <enum>\n 233.\n </enum>\n <header>\n Local administrative cost limits\n </header>\n <subsection id=\"H37EC2D1409354FE1BA1BC373780343D1\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text>\n Subject to subsection (b), of the amount that is made available under this title to an eligible provider—\n </text>\n <paragraph id=\"H4C78FFD1BE98443E82D7243290A6EC51\">\n <enum>\n (1)\n </enum>\n <text>\n at least 95 percent shall be expended for carrying out adult education and family literacy education programs; and\n </text>\n </paragraph>\n <paragraph id=\"H56DF3E72E68A44A5B219F4FA3C68C693\">\n <enum>\n (2)\n </enum>\n <text>\n the remaining amount shall be used for planning, administration, personnel and professional development, development of measurable goals in reading, writing, speaking, and math, and interagency coordination.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H6422A9AEFA1A4484AB798897AE94D123\">\n <enum>\n (b)\n </enum>\n <header>\n Special rule\n </header>\n <text>\n In cases where the cost limits described in subsection (a) are too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the eligible provider may negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes.\n </text>\n </subsection>\n </section>\n </subtitle>\n <subtitle id=\"HD84BC7F16A784B75BFAB42A45EAB0271\">\n <enum>\n D\n </enum>\n <header>\n General Provisions\n </header>\n <section id=\"HAA8D616C3516434F8B8CEEBB60A50BA6\">\n <enum>\n 241.\n </enum>\n <header>\n Administrative provisions\n </header>\n <text display-inline=\"no-display-inline\">\n Funds made available for adult education and family literacy education programs under this title shall supplement and not supplant other State or local public funds expended for adult education and family literacy education programs.\n </text>\n </section>\n <section id=\"HA5E23D5AF1BF47D89BF8E6F88316F4EA\">\n <enum>\n 242.\n </enum>\n <header>\n National activities\n </header>\n <text display-inline=\"no-display-inline\">\n The Secretary shall establish and carry out a program of national activities that may include the following:\n </text>\n <paragraph id=\"HD02F7AA1D6C7491393AEE356349974E8\">\n <enum>\n (1)\n </enum>\n <text>\n Providing technical assistance to eligible entities, on request, to—\n </text>\n <subparagraph id=\"HAADDE620B5874EDDA9D5128251E57985\">\n <enum>\n (A)\n </enum>\n <text>\n improve their fiscal management, research-based instruction, and reporting requirements to carry out the requirements of this title;\n </text>\n </subparagraph>\n <subparagraph id=\"H4E695D971F4A495D923D552C56F32A21\">\n <enum>\n (B)\n </enum>\n <text>\n improve its performance on the core indicators of performance described in section 136;\n </text>\n </subparagraph>\n <subparagraph id=\"H28C48A4FDEB74F888398A7E9EB387C71\">\n <enum>\n (C)\n </enum>\n <text>\n provide adult education professional development; and\n </text>\n </subparagraph>\n <subparagraph id=\"HB38B53B6DC3A480EBAC9B3598099199D\">\n <enum>\n (D)\n </enum>\n <text>\n use distance education and improve the application of technology in the classroom, including instruction in English language acquisition for English learners.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H38D1FA37EAF4419291C4FAB9149C4D66\">\n <enum>\n (2)\n </enum>\n <text>\n Providing for the conduct of research on national literacy basic skill acquisition levels among adults, including the number of adult English learners functioning at different levels of reading proficiency.\n </text>\n </paragraph>\n <paragraph id=\"HB3D564041CAD4146B0059A0B7D92E318\">\n <enum>\n (3)\n </enum>\n <text>\n Improving the coordination, efficiency, and effectiveness of adult education and workforce development services at the national, State, and local levels.\n </text>\n </paragraph>\n <paragraph id=\"HC8ABE98BDC6741D9982859B326E97A73\">\n <enum>\n (4)\n </enum>\n <text>\n Determining how participation in adult education, English language acquisition, and family literacy education programs prepares individuals for entry into and success in postsecondary education and employment, and in the case of prison-based services, the effect on recidivism.\n </text>\n </paragraph>\n <paragraph id=\"H7ED934B029744D9CB80D97722DFBE043\">\n <enum>\n (5)\n </enum>\n <text>\n Evaluating how different types of providers, including community and faith-based organizations or private for-profit agencies measurably improve the skills of participants in adult education, English language acquisition, and family literacy education programs.\n </text>\n </paragraph>\n <paragraph id=\"HFCC7311090BE449A93835702EAED8134\">\n <enum>\n (6)\n </enum>\n <text>\n Identifying model integrated basic and workplace skills education programs, including programs for English learners coordinated literacy and employment services, and effective strategies for serving adults with disabilities.\n </text>\n </paragraph>\n <paragraph id=\"H72A92E1AC04D42F78074F58C0100E82C\">\n <enum>\n (7)\n </enum>\n <text>\n Initiating other activities designed to improve the measurable quality and effectiveness of adult education, English language acquisition, and family literacy education programs nationwide.\n </text>\n </paragraph>\n </section>\n </subtitle>\n \n \n .\n \n \n \n \n \n <enum>\n III\n </enum>\n <header>\n AMENDMENTS TO THE WAGNER-PEYSER ACT\n </header>\n <section id=\"H6955F602D5424EAC84AE8D256DD0207E\">\n <enum>\n 301.\n </enum>\n <header>\n Amendments to the Wagner-Peyser Act\n </header>\n <text display-inline=\"no-display-inline\">\n The Wagner-Peyser Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/49\">\n 29 U.S.C. 49 et seq.\n </external-xref>\n ) is amended by amending section 15 to read as follows:\n </text>\n <quoted-block id=\"HA0A0FF50FB8E4B7A9AD4AA6F4D335CC4\" style=\"OLC\">\n <section id=\"H18608E576BCA47B3A987518684727ED2\">\n <enum>\n 15.\n </enum>\n <header>\n Workforce and labor market information system\n </header>\n <subsection id=\"HF562B327666247D1B8D586D4D679EF0B\">\n <enum>\n (a)\n </enum>\n <header>\n System content\n </header>\n <paragraph id=\"H547DCDABCBE94041AF1BF9062991EFAC\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n The Secretary of Labor, in accordance with the provisions of this section, shall oversee the development, maintenance, and continuous improvement of a nationwide workforce and labor market information system that includes—\n </text>\n <subparagraph id=\"HE3D4271F3F0B49AC8FF16C54CCC42A21\">\n <enum>\n (A)\n </enum>\n <text>\n statistical data from cooperative statistical survey and projection programs and data from administrative reporting systems that, taken together, enumerate, estimate, and project employment opportunities and conditions at national, State, and local levels in a timely manner, including statistics on—\n </text>\n <clause id=\"HC01E2C256E2D489A88A4AF7A0FEE04C5\">\n <enum>\n (i)\n </enum>\n <text>\n employment and unemployment status of national, State, and local populations, including self-employed, part-time, and seasonal workers;\n </text>\n </clause>\n <clause id=\"HB2BDF7B1621B499F882D7FFDEBBE8A6B\">\n <enum>\n (ii)\n </enum>\n <text>\n industrial distribution of occupations, as well as current and projected employment opportunities, wages, benefits (where data is available), and skill trends by occupation and industry, with particular attention paid to State and local conditions;\n </text>\n </clause>\n <clause id=\"H3AC3B2B396BA40CAA68037DA43A80F4D\">\n <enum>\n (iii)\n </enum>\n <text>\n the incidence of, industrial and geographical location of, and number of workers displaced by, permanent layoffs and plant closings; and\n </text>\n </clause>\n <clause id=\"H10D452826ECF4B8880C8402CDC85EFEB\">\n <enum>\n (iv)\n </enum>\n <text>\n employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation;\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H66165DE951764F23830C2A152AA48875\">\n <enum>\n (B)\n </enum>\n <text>\n information on State and local employment opportunities, and other appropriate statistical data related to labor market dynamics, which—\n </text>\n <clause id=\"HD17FF4F82ABE4FA693C3563EDAEDD5D7\">\n <enum>\n (i)\n </enum>\n <text>\n shall be current and comprehensive;\n </text>\n </clause>\n <clause id=\"HD09B6ED05DF243F985B9933D7A17CC44\">\n <enum>\n (ii)\n </enum>\n <text>\n shall meet the needs identified through the consultations described in subparagraphs (A) and (B) of subsection (e)(2); and\n </text>\n </clause>\n <clause id=\"H6FF2323D3C3944C497F4BACEC75872C9\">\n <enum>\n (iii)\n </enum>\n <text>\n shall meet the needs for the information identified in section 121;\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HEC315929AE3F4BF28602961E3AB8A903\">\n <enum>\n (C)\n </enum>\n <text>\n technical standards (which the Secretary shall publish annually) for data and information described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of\n <external-xref legal-doc=\"usc-chapter\" parsable-cite=\"usc-chapter/44/35\">\n chapter 35\n </external-xref>\n of title 44, United States Code;\n </text>\n </subparagraph>\n <subparagraph id=\"HB7588558E2ED49B4BD0537D1E63C0452\">\n <enum>\n (D)\n </enum>\n <text>\n procedures to ensure compatibility and additivity of the data and information described in subparagraphs (A) and (B) from national, State, and local levels;\n </text>\n </subparagraph>\n <subparagraph id=\"H22998369EE7049848FE2483C18CA21FF\">\n <enum>\n (E)\n </enum>\n <text>\n procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph (A) of employment-related programs;\n </text>\n </subparagraph>\n <subparagraph id=\"H17A91BEA45D249DDA51CEF65A57060B9\">\n <enum>\n (F)\n </enum>\n <text>\n analysis of data and information described in subparagraphs (A) and (B) for uses such as—\n </text>\n <clause id=\"H65BDA0538D9143FCBEF9867B4D3E39F2\">\n <enum>\n (i)\n </enum>\n <text>\n national, State, and local policymaking;\n </text>\n </clause>\n <clause id=\"H7C1816F0FBC04E88AF13756F969C4867\">\n <enum>\n (ii)\n </enum>\n <text>\n implementation of Federal policies (including allocation formulas);\n </text>\n </clause>\n <clause id=\"HCA50AD949C724542B0BA03F0E85A9CD6\">\n <enum>\n (iii)\n </enum>\n <text>\n program planning and evaluation; and\n </text>\n </clause>\n <clause id=\"H9B4C7CC6D71946FEA17590A8E1AD1A8F\">\n <enum>\n (iv)\n </enum>\n <text>\n researching labor market dynamics;\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HBAECFCBB866447D894303096303B8D00\">\n <enum>\n (G)\n </enum>\n <text>\n wide dissemination of such data, information, and analysis in a user-friendly manner and voluntary technical standards for dissemination mechanisms; and\n </text>\n </subparagraph>\n <subparagraph id=\"HDBDAB2213D664F4998F46456CB4330F7\">\n <enum>\n (H)\n </enum>\n <text>\n programs of—\n </text>\n <clause id=\"H0B26E7D009114936A7B04A0665A07334\">\n <enum>\n (i)\n </enum>\n <text>\n training for effective data dissemination;\n </text>\n </clause>\n <clause id=\"HAE188AF414CF4AC7A1EDD09272B84299\">\n <enum>\n (ii)\n </enum>\n <text>\n research and demonstration; and\n </text>\n </clause>\n <clause id=\"H4925973D415147118BEDDDF3DCD13358\">\n <enum>\n (iii)\n </enum>\n <text>\n programs and technical assistance.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H8F383984C1B649D288AB9E066618725F\">\n <enum>\n (2)\n </enum>\n <header>\n Information to be confidential\n </header>\n <subparagraph id=\"H4380D097DF18453BA78D2C09D6E74E84\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text>\n No officer or employee of the Federal Government or agent of the Federal Government may—\n </text>\n <clause id=\"H2778CFB8E75044338C356F83C5C48B2F\">\n <enum>\n (i)\n </enum>\n <text>\n use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes for which the submission is furnished;\n </text>\n </clause>\n <clause id=\"H2B824C62AFE14E11B1B6B6C4A68E1489\">\n <enum>\n (ii)\n </enum>\n <text>\n disclose to the public any publication or media transmittal of the data contained in the submission described in clause (i) that permits information concerning an individual subject to be reasonably inferred by either direct or indirect means; or\n </text>\n </clause>\n <clause id=\"HF3FAA06CE3614B00A197FFEEF403A4B7\">\n <enum>\n (iii)\n </enum>\n <text>\n permit anyone other than a sworn officer, employee, or agent of any Federal department or agency, or a contractor (including an employee of a contractor) of such department or agency, to examine an individual submission described in clause (i),\n </text>\n </clause>\n <continuation-text continuation-text-level=\"subparagraph\">\n without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission.\n </continuation-text>\n </subparagraph>\n <subparagraph id=\"H22AED5B05AA346EBBF2321FC4F0422C3\">\n <enum>\n (B)\n </enum>\n <header>\n Immunity from legal process\n </header>\n <text>\n Any submission (including any data derived from the submission) that is collected and retained by a Federal department or agency, or an officer, employee, agent, or contractor of such a department or agency, for exclusively statistical purposes under this section shall be immune from the legal process and shall not, without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding.\n </text>\n </subparagraph>\n <subparagraph id=\"H389E667AEC4349DEA94D718D6518163D\">\n <enum>\n (C)\n </enum>\n <header>\n Rule of construction\n </header>\n <text>\n Nothing in this section shall be construed to provide immunity from the legal process for such submission (including any data derived from the submission) if the submission is in the possession of any person, agency, or entity other than the Federal Government or an officer, employee, agent, or contractor of the Federal Government, or if the submission is independently collected, retained, or produced for purposes other than the purposes of this Act.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H18D7758DA8E44821B033F5D343AAD766\">\n <enum>\n (b)\n </enum>\n <header>\n System responsibilities\n </header>\n <paragraph id=\"H4F95B71CEF974CC5A37E93BBF53E45FF\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n The workforce and labor market information system described in subsection (a) shall be planned, administered, overseen, and evaluated through a cooperative governance structure involving the Federal Government and States.\n </text>\n </paragraph>\n <paragraph id=\"HB7533933AB604DF2A2536B2F572C1D43\">\n <enum>\n (2)\n </enum>\n <header>\n Duties\n </header>\n <text>\n The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties:\n </text>\n <subparagraph id=\"H0395DC449013465ABCFAC0251CFA2579\">\n <enum>\n (A)\n </enum>\n <text>\n Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that all statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions.\n </text>\n </subparagraph>\n <subparagraph id=\"H7D13E8E5A8184DD99F9C463FF14F3F48\">\n <enum>\n (B)\n </enum>\n <text>\n Actively seek the cooperation of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities.\n </text>\n </subparagraph>\n <subparagraph id=\"H549DB8E323124876A1C1F46013455D42\">\n <enum>\n (C)\n </enum>\n <text>\n Eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority.\n </text>\n </subparagraph>\n <subparagraph id=\"HCEC306DB6E384FBFBB789C052DDD07FD\">\n <enum>\n (D)\n </enum>\n <text>\n In collaboration with the Bureau of Labor Statistics and States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1).\n </text>\n </subparagraph>\n <subparagraph id=\"H9B9F2E685EA14D21A846F3829BDFA2BD\">\n <enum>\n (E)\n </enum>\n <text>\n Establish procedures for the system to ensure that—\n </text>\n <clause id=\"HFB72EFAEE56B4F6F838E5C86C8FAB42B\">\n <enum>\n (i)\n </enum>\n <text>\n such data and information are timely;\n </text>\n </clause>\n <clause id=\"H37F45546ED4045E0B425A06D92B07A4C\">\n <enum>\n (ii)\n </enum>\n <text>\n paperwork and reporting for the system are reduced to a minimum; and\n </text>\n </clause>\n <clause id=\"HEF38D7F4B5FA4E1CA090DA45FCA7968A\">\n <enum>\n (iii)\n </enum>\n <text>\n States and localities are fully involved in the development and continuous improvement of the system at all levels.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H5EC0F9BBE0B6479CAC02D675C4296A0B\">\n <enum>\n (c)\n </enum>\n <header>\n National electronic tools To provide services\n </header>\n <text>\n The Secretary is authorized to assist in the development of national electronic tools that may be used to facilitate the delivery of work ready services described in section 134(c)(2) and to provide workforce information to individuals through the one-stop delivery systems described in section 121 and through other appropriate delivery systems.\n </text>\n </subsection>\n <subsection id=\"H518AB557D9BB4FA8822D630912A83C79\">\n <enum>\n (d)\n </enum>\n <header>\n Coordination with the states\n </header>\n <paragraph id=\"HBA8C0B1362724006A82F6936BE8676D8\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n The Secretary, working through the Bureau of Labor Statistics and the Employment and Training Administration, shall regularly consult with representatives of State agencies carrying out workforce information activities regarding strategies for improving the workforce and labor market information system.\n </text>\n </paragraph>\n <paragraph id=\"HA57FF9B7CD1A473088B77E9DF8B2F1CA\">\n <enum>\n (2)\n </enum>\n <header>\n Formal consultations\n </header>\n <text>\n At least twice each year, the Secretary, working through the Bureau of Labor Statistics, shall conduct formal consultations regarding programs carried out by the Bureau of Labor Statistics with representatives of each of the Federal regions of the Bureau of Labor Statistics, elected (pursuant to a process established by the Secretary) from the State directors affiliated with State agencies that perform the duties described in subsection (e)(2).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H84EEB75E43E64183AA575F83E4259967\">\n <enum>\n (e)\n </enum>\n <header>\n State responsibilities\n </header>\n <paragraph id=\"HAEAC45741A8A4C4B971F6F4038A43456\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n In order to receive Federal financial assistance under this section, the Governor of a State shall—\n </text>\n <subparagraph id=\"H970DF08E6C204D1E86D8757F5844BABD\">\n <enum>\n (A)\n </enum>\n <text>\n be responsible for the management of the portions of the workforce and labor market information system described in subsection (a) that comprise a statewide workforce and labor market information system and for the State’s participation in the development of the annual plan;\n </text>\n </subparagraph>\n <subparagraph id=\"H21F2C32B16074598B5CEDAA7C2507A94\">\n <enum>\n (B)\n </enum>\n <text>\n establish a process for the oversight of such system;\n </text>\n </subparagraph>\n <subparagraph id=\"HD036463BB1E64A8F8F5C154EA1D33A95\">\n <enum>\n (C)\n </enum>\n <text>\n consult with State and local employers, participants, and local workforce investment boards about the labor market relevance of the data to be collected and disseminated through the statewide workforce and labor market information system;\n </text>\n </subparagraph>\n <subparagraph id=\"HB7DC8E9750E14B6B920760620F7F6FB1\">\n <enum>\n (D)\n </enum>\n <text>\n consult with State educational agencies and local educational agencies concerning the provision of employment statistics in order to meet the needs of secondary school and postsecondary school students who seek such information;\n </text>\n </subparagraph>\n <subparagraph id=\"HB9A02F829DF7480F9BBA3D3A2AFD3CE3\">\n <enum>\n (E)\n </enum>\n <text>\n collect and disseminate for the system, on behalf of the State and localities in the State, the information and data described in subparagraphs (A) and (B) of subsection (a)(1);\n </text>\n </subparagraph>\n <subparagraph id=\"H0210F7926A8546BDA184046ED6181AEA\">\n <enum>\n (F)\n </enum>\n <text>\n maintain and continuously improve the statewide workforce and labor market information system in accordance with this section;\n </text>\n </subparagraph>\n <subparagraph id=\"HD6AD8A639F824C63BAD6BD65655AEF2C\">\n <enum>\n (G)\n </enum>\n <text>\n perform contract and grant responsibilities for data collection, analysis, and dissemination for such system;\n </text>\n </subparagraph>\n <subparagraph id=\"H672D3C3C4E6741FB85E8A9C9D66BAEE0\">\n <enum>\n (H)\n </enum>\n <text>\n conduct such other data collection, analysis, and dissemination activities as will ensure an effective statewide workforce and labor market information system;\n </text>\n </subparagraph>\n <subparagraph id=\"H13226E60DCB6413FA100E921809C4ABF\">\n <enum>\n (I)\n </enum>\n <text>\n actively seek the participation of other State and local agencies in data collection, analysis, and dissemination activities in order to ensure complementarity, compatibility, and usefulness of data;\n </text>\n </subparagraph>\n <subparagraph id=\"HAD53DA9A0E724EE9AA4F40B4EA175BBF\">\n <enum>\n (J)\n </enum>\n <text>\n participate in the development of the annual plan described in subsection (c); and\n </text>\n </subparagraph>\n <subparagraph id=\"HCE0DAE22FDF544069C63CE68F2611A4C\">\n <enum>\n (K)\n </enum>\n <text>\n utilize the quarterly records described in section 136(f)(2) to assist the State and other States in measuring State progress on State performance measures.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H51954213D75A4D4F9EE5823EFCA05BF7\">\n <enum>\n (2)\n </enum>\n <header>\n Rule of construction\n </header>\n <text>\n Nothing in this section shall be construed as limiting the ability of a Governor to conduct additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this section.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H930884AE9BA1411282FCAEB3517ED162\">\n <enum>\n (f)\n </enum>\n <header>\n Nonduplication requirement\n </header>\n <text>\n None of the functions and activities carried out pursuant to this section shall duplicate the functions and activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/2301\">\n 20 U.S.C. 2301 et seq.\n </external-xref>\n ).\n </text>\n </subsection>\n <subsection id=\"HD7DE096FDEE044BA9A0F3AAD71A8C844\">\n <enum>\n (g)\n </enum>\n <header>\n Authorization of appropriations\n </header>\n <text>\n There are authorized to be appropriated to carry out this section $63,473,000 for fiscal year 2014 and each of the 6 succeeding fiscal years.\n </text>\n </subsection>\n <subsection id=\"HF8D0A2E142964AFCA6EC6D908CDAF4DA\">\n <enum>\n (h)\n </enum>\n <header>\n Definition\n </header>\n <text>\n In this section, the term\n <term>\n local area\n </term>\n means the smallest geographical area for which data can be produced with statistical reliability.\n </text>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n \n \n <enum>\n IV\n </enum>\n <header>\n REPEALS AND CONFORMING AMENDMENTS\n </header>\n <section id=\"H6435A8484D1641EF9F286384E584D391\">\n <enum>\n 401.\n </enum>\n <header>\n Repeals\n </header>\n <text display-inline=\"no-display-inline\">\n The following provisions are repealed:\n </text>\n <paragraph id=\"H6BA8D400D6A245079BFEF75363676050\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Chapter 4 of subtitle B of title I, and sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503, and 506 of the Workforce Investment Act of 1998.\n </text>\n </paragraph>\n <paragraph id=\"HC654B2DF1B1148219A76795473BB8F3C\">\n <enum>\n (2)\n </enum>\n <text>\n Title V of the Older Americans Act of 1965 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/3056\">\n 42 U.S.C. 3056 et seq.\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"HA7E40DD7DA2644C8942789B1467A26A6\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Sections 1 through 14 of the Wagner-Peyser Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/49\">\n 29 U.S.C. 49 et seq.\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"HF6B589F6EEA445599B7D6290BE4407C1\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Twenty-First Century Workforce Commission Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2701\">\n 29 U.S.C. 2701\n </external-xref>\n note).\n </text>\n </paragraph>\n <paragraph id=\"H7D189AFC16C44DB2A6C08D62076009E0\">\n <enum>\n (5)\n </enum>\n <text>\n Youth Conservation Corps Act of 1970 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/16/1701\">\n 16 U.S.C. 1701 et seq.\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"H3D1201F7EAC645CF9BD3A440BFE6D490\">\n <enum>\n (6)\n </enum>\n <text>\n Section 821 of the Higher Education Amendments of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/1151\">\n 20 U.S.C. 1151\n </external-xref>\n ) (Grants to States for workplace and community transition training for incarcerated individuals).\n </text>\n </paragraph>\n <paragraph id=\"H38FBF74A21764AE58F4BAB1AD942C04F\">\n <enum>\n (7)\n </enum>\n <text>\n The Women in Apprenticeship and Nontraditional Occupations Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2501\">\n 29 U.S.C. 2501 et seq.\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"H3842664EB90D4F1BA0101C9F576067F9\">\n <enum>\n (8)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Sections\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/38/4103A\">\n 4103A\n </external-xref>\n and\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/4104/4103A\">\n 4104\n </external-xref>\n of title 38, United States Code.\n </text>\n </paragraph>\n </section>\n <section id=\"H8860FF7A4A2C443FBD31D576B92AB7B4\">\n <enum>\n 402.\n </enum>\n <header>\n Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980\n </header>\n <text display-inline=\"no-display-inline\">\n Section 104(k)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/9604\">\n 42 U.S.C. 9604\n </external-xref>\n ) is amended by striking\n <quote>\n , training,\n </quote>\n .\n </text>\n </section>\n <section id=\"H30C9930A0C4A42569A58CDF81D2DA7BA\" section-type=\"subsequent-section\">\n <enum>\n 403.\n </enum>\n <header>\n Amendments to the Food and Nutrition Act of 2008\n </header>\n <subsection id=\"H9921F732822848CE9D9C4C6231CD6B3B\">\n <enum>\n (a)\n </enum>\n <header>\n Definition\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 3(t) of the Food and Nutrition Act of 2008 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/7/2012\">\n 7 U.S.C. 2012(t)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H57B640DD87814386B56D236EC1FA6DD7\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n and (2)\n </quote>\n and inserting\n <quote>\n (2)\n </quote>\n , and\n </text>\n </paragraph>\n <paragraph id=\"HA904E1B2A3FB4B3F86839031AFF2FA2E\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting before the period at the end the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HC9C2F46BCDCC484899EBF15FF87ECB35\" style=\"traditional\">\n <quoted-block-continuation-text quoted-block-continuation-text-level=\"section\">\n , and (3) when referencing employment and training activities under section 6(d)(4), a State board as defined in section 101 of the Workforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2801\">\n 29 U.S.C. 2801\n </external-xref>\n )\n </quoted-block-continuation-text>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"HB17A38C918FB4D0F96F2DEFA39DCF507\">\n <enum>\n (b)\n </enum>\n <header>\n Eligible households\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 5 of the Food and Nutrition Act of 2008 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/7/2014\">\n 7 U.S.C. 2014\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HCAB0811E26FA45D0A12D9F68206CE6C1\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (d)(14) by striking\n <quote>\n section 6(d)(4)(I)\n </quote>\n and inserting\n <quote>\n section 6(d)(4)(C)\n </quote>\n , and\n </text>\n </paragraph>\n <paragraph id=\"HB87D5A4B668A464C88C26E7893ED0207\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (g)(3) by striking\n <quote>\n constitutes adequate participation in an employment and training program under section 6(d)\n </quote>\n and inserting\n <quote>\n allows the individual to participate in employment and training activities under section 6(d)(4)\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H6468C105FFD7431885D0250D011C50EA\">\n <enum>\n (c)\n </enum>\n <header>\n Eligibility disqualifications\n </header>\n <text>\n Section 6(d)(4) of the Food and Nutrition Act of 2008 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/7/2015\">\n 7 U.S.C. 2015(d)(4)\n </external-xref>\n ) is amended to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H2C398C677468425FB280DDE12560CACE\" style=\"OLC\">\n <paragraph id=\"H4E9B96B1C63C4D5ABCE05A3D5883D4B5\">\n <enum>\n (4)\n </enum>\n <header>\n Employment and training\n </header>\n <subparagraph id=\"H4D7693206EA24A879D30D4647C9C5777\">\n <enum>\n (A)\n </enum>\n <header>\n Implementation\n </header>\n <text display-inline=\"yes-display-inline\">\n Each State agency shall provide employment and training services authorized under section 134 of the Workforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2864\">\n 29 U.S.C. 2864\n </external-xref>\n ) to eligible members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment.\n </text>\n </subparagraph>\n <subparagraph id=\"H29AED1CE71C84BFBB73D052E924A56D1\">\n <enum>\n (B)\n </enum>\n <header>\n Statewide workforce development system\n </header>\n <text display-inline=\"yes-display-inline\">\n Consistent with subparagraph (A), employment and training services shall be provided through the statewide workforce development system, including the One-Stop delivery system, authorized by the Workforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2801\">\n 29 U.S.C. 2801 et seq.\n </external-xref>\n ).\n </text>\n </subparagraph>\n <subparagraph id=\"HEE2B2B97329B4044BE8FE49D73830B2A\">\n <enum>\n (C)\n </enum>\n <header>\n Reimbursements\n </header>\n <clause id=\"H0957E30C04334A4AA79D26DFFE4B3977\">\n <enum>\n (i)\n </enum>\n <header>\n Actual costs\n </header>\n <text>\n The State agency shall provide payments or reimbursement to participants served under this paragraph for—\n </text>\n <subclause id=\"H22FE0E9ABB8347419C4A70E761F4C502\">\n <enum>\n (I)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the actual costs of transportation and other actual costs (other than dependent care costs) that are reasonably necessary and directly related to the individual participating in employment and training activities; and\n </text>\n </subclause>\n <subclause id=\"H764F6C8204A4493F96DC4A07CECD4F28\">\n <enum>\n (II)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the actual costs of such dependent care expenses that are determined by the State agency to be necessary for the individual to participate in employment and training activities (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/601\">\n 42 U.S.C. 601 et seq.\n </external-xref>\n ) in a local area where an employment, training, or education program under title IV of such Act is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate.\n </text>\n </subclause>\n </clause>\n <clause id=\"H5493ECB9795F4FEF806C416079BFA1D8\">\n <enum>\n (ii)\n </enum>\n <header>\n Service contracts and vouchers\n </header>\n <text display-inline=\"yes-display-inline\">\n In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at its option, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household.\n </text>\n </clause>\n <clause id=\"HC856E6758E614614BE38FB1ADC4227FC\">\n <enum>\n (iii)\n </enum>\n <header>\n Value of reimbursements\n </header>\n <text>\n The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall—\n </text>\n <subclause id=\"H388BB68A349F484181DC4C60010952EE\">\n <enum>\n (I)\n </enum>\n <text>\n not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and\n </text>\n </subclause>\n <subclause id=\"H3A7EA862ACA843068A32A2C235292978\">\n <enum>\n (II)\n </enum>\n <text>\n not be claimed as an employment-related expense for the purposes of the credit provided under\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/26/21\">\n section 21\n </external-xref>\n of the Internal Revenue Code of 1986 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/26/21\">\n 26 U.S.C. 21\n </external-xref>\n ).\n </text>\n </subclause>\n </clause>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HD2ACA327E46943B78128A1B85CDD3ACB\">\n <enum>\n (d)\n </enum>\n <header>\n Administration\n </header>\n <text>\n Section 11(e)(19) of the Food and Nutrition Act of 2008 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/7/2020\">\n 7 U.S.C. 2020(e)(11)\n </external-xref>\n is amended to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H3982A2686FC948AA8075C931D54A8FC3\" style=\"traditional\">\n <paragraph id=\"HDD0AA392F5554BED8E5C581445F44C9D\">\n <enum>\n (19)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the plans of the State agency for providing employment and training services under section 6(d)(4);\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HD0037AC71240418198CA8FCADCD32A07\">\n <enum>\n (e)\n </enum>\n <header>\n Administrative cost-Sharing and quality control\n </header>\n <text>\n Section 16(h) of the Food and Nutrition Act of 2008 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/7/2025\">\n 7 U.S.C. 2025\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H19C926CF65444958A9921198628A75F2\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph (1)—\n </text>\n <subparagraph id=\"HA4E13F381A4D47378F1945451F44B4D2\">\n <enum>\n (A)\n </enum>\n <text>\n in subparagraph (A) by striking\n <quote>\n carry out employment and training programs\n </quote>\n and inserting\n <quote>\n provide employment and training services to eligible households under section 6(d)(4)\n </quote>\n , and\n </text>\n </subparagraph>\n <subparagraph id=\"HD7ACCAD34F4F4AE18056773339CE47ED\">\n <enum>\n (B)\n </enum>\n <text>\n in subparagraph (D) by striking\n <quote>\n operating an employment and training program\n </quote>\n and inserting\n <quote>\n providing employment and training services consistent with section 6(d)(4)\n </quote>\n ,\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H2705BF94438842CEA3A7F9BE9C80F406\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (3) by striking\n <quote>\n related to participation in an employment and training program\n </quote>\n and inserting\n <quote>\n the individual participating in employment and training activities\n </quote>\n ,\n </text>\n </paragraph>\n <paragraph id=\"H2503D8A4C265489FA1577E63CCC376D4\">\n <enum>\n (3)\n </enum>\n <text>\n in paragraph (4) by striking\n <quote>\n for operating an employment and training program\n </quote>\n and inserting\n <quote>\n to provide employment and training services\n </quote>\n , and\n </text>\n </paragraph>\n <paragraph id=\"HFDA2EB0BF3A7460B912DCF229A75F9A3\">\n <enum>\n (4)\n </enum>\n <text>\n by amending paragraph (5) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H9D7BDEA2B7E04EC689A8463C5D8ED7A4\" style=\"OLC\">\n <paragraph id=\"HE9795790AD7E4C78BF360669D58A6A47\">\n <enum>\n (5)\n </enum>\n <header>\n Monitoring\n </header>\n <text display-inline=\"yes-display-inline\">\n The Secretary, in conjunction with the Secretary of Labor, shall monitor each State agency responsible for administering employment and training services under section 6(d)(4) to ensure funds are being spent effectively and efficiently. Each program of employment and training receiving funds under section 6(d)(4) shall be subject to the requirements of the performance accountability system, including having to meet the state performance measures included in section 136 of the Workforce Investment Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2871\">\n 29 U.S.C. 2871\n </external-xref>\n ).\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"HFC56EDA583D54F6C941E3651FAB55164\">\n <enum>\n (f)\n </enum>\n <header>\n Research, demonstration, and evaluations\n </header>\n <text>\n Section 17 of the Food and Nutrition Act of 2008 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/7/2026\">\n 7 U.S.C. 2026\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H6FDF23EB4BAB4C898F5ABFB02CECA660\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (b) by striking paragraph (3), and\n </text>\n </paragraph>\n <paragraph id=\"H706FC9EFAF674452A121636FE15B4250\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (g)—\n </text>\n <subparagraph id=\"H7B8268FDAACC47D3817C0310DABE5B65\">\n <enum>\n (A)\n </enum>\n <text>\n by inserting\n <quote>\n , in conjunction with the Secretary of Labor,\n </quote>\n after\n <quote>\n Secretary\n </quote>\n , and\n </text>\n </subparagraph>\n <subparagraph id=\"H1281F8C88BB549C894661F66546226B7\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n programs established\n </quote>\n and inserting\n <quote>\n activities provided to eligible households\n </quote>\n .\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"HFD5197A4B92B435CA485BDEB30D92309\">\n <enum>\n (g)\n </enum>\n <header>\n Minnesota family investment project\n </header>\n <text>\n Section 22(b)(4) of the Food and Nutrition Act of 2008 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/7/2031\">\n 7 U.S.C. 2031(b)(4)\n </external-xref>\n ) is amended by striking\n <quote>\n equivalent to those offered under the employment and training program\n </quote>\n .\n </text>\n </subsection>\n </section>\n <section id=\"H32C231A8C39C4C4CB64B3AE0DDF6EA1B\">\n <enum>\n 404.\n </enum>\n <header>\n Amendments to section 412 of the Immigration and Nationality Act\n </header>\n <subsection id=\"HF459ACC792DA44C48855CBA41F0A6B9E\">\n <enum>\n (a)\n </enum>\n <header>\n Conditions and considerations\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 412(a) of the Immigration and Nationality Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/8/1522\">\n 8 U.S.C. 1522(a)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H7BACE426C9124D7B9AC3C05BF2F9396D\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph (1)—\n </text>\n <subparagraph id=\"H5B18C5B508A649D78AACDC8E34E46406\">\n <enum>\n (A)\n </enum>\n <text>\n in subparagraph (A)(i), by striking\n <quote>\n make available sufficient resources for employment training and placement\n </quote>\n and inserting\n <quote>\n provide refugees with the opportunity to access employment and training services, including job placement,\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H01413E6C91164AF8B7B46ADBCB55C720\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in subparagraph (B)(ii), by striking\n <quote>\n services;\n </quote>\n and inserting\n <quote>\n services provided through the Workforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2801\">\n 29 U.S.C. 2801 et seq.\n </external-xref>\n );\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H0569CE2F884540FB855AE6B14665641E\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (2)(C)(iii)(II), by inserting\n <quote>\n and training\n </quote>\n after\n <quote>\n employment\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HB03AECD3AFB5427EABD411B0C5287530\">\n <enum>\n (3)\n </enum>\n <text>\n in paragraph (6)(A)(ii)—\n </text>\n <subparagraph id=\"HBAC47D4F188546ABA86F37A7BAD48A62\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n insure\n </quote>\n and inserting\n <quote>\n ensure\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H8E86E98D7C8245A6BA8BA4D2160302F0\">\n <enum>\n (B)\n </enum>\n <text>\n by inserting\n <quote>\n and training\n </quote>\n after\n <quote>\n employment\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H68B54D2F40FA45B0A4086E27877A2740\">\n <enum>\n (C)\n </enum>\n <text>\n by inserting after\n <quote>\n available\n </quote>\n the following:\n <quote>\n through the one-stop delivery system under section 121 of the Workforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2841\">\n 29 U.S.C. 2841\n </external-xref>\n )\n </quote>\n ; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H4B5038D547E84F8FBDFCF2CD6A083BF1\">\n <enum>\n (4)\n </enum>\n <text>\n in paragraph (9), by inserting\n <quote>\n the Secretary of Labor,\n </quote>\n after\n <quote>\n Education,\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HF526BAF89D8F4841B329C8B34B8E1FC1\">\n <enum>\n (b)\n </enum>\n <header>\n Program of initial resettlement\n </header>\n <text>\n Section 412(b)(2) of such Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/8/1522\">\n 8 U.S.C. 1522(b)(2)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HBD8ECCBE36794AE3919164D4ED173717\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n orientation, instruction\n </quote>\n and inserting\n <quote>\n orientation and instruction\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HB3189789453A485AADC2D4963CB7D331\">\n <enum>\n (2)\n </enum>\n <text>\n by striking\n <quote>\n , and job training for refugees, and such other education and training of refugees, as facilitates\n </quote>\n and inserting\n <quote>\n for refugees to facilitate\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HA1F83697914F4600AB8E97E6DAD439DD\">\n <enum>\n (c)\n </enum>\n <header>\n Project grants and contracts for services for refugees\n </header>\n <text>\n Section 412(c) of such Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/8/1522\">\n 8 U.S.C. 1522(c)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H4D1F6751267A4EDBADEB2A519393DCA9\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph (1)—\n </text>\n <subparagraph id=\"HA786F7C764D04A05A7A14478A936BCAD\">\n <enum>\n (A)\n </enum>\n <text>\n in subparagraph (A)(i), by inserting\n <quote>\n and training\n </quote>\n after\n <quote>\n employment\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H89801C5A9DCC4FAEBC925E6E1874D600\">\n <enum>\n (B)\n </enum>\n <text>\n by striking subparagraph (C);\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HFDB00FB2431D49B69B56827DBAA4394E\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (2)(B), by striking\n <quote>\n paragraph—\n </quote>\n through\n <quote>\n in a manner\n </quote>\n and inserting\n <quote>\n paragraph in a manner\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H70DC34A6CFDF4393AB7973E3B4B4EED9\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by adding at the end the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H9CA67946145D43C2A1AF4D1E5693F12F\" style=\"traditional\">\n <paragraph id=\"HD7B8D6C7A08B40C98029E54A40307453\" indent=\"up1\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n In carrying out this section, the Director shall ensure that employment and training services are provided through the statewide workforce development system, as appropriate, authorized by the Workforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2801\">\n 29 U.S.C. 2801 et seq.\n </external-xref>\n ). Such action may include—\n </text>\n <subparagraph id=\"HDA7ADF62ACB047EA8712C2597EC844EA\">\n <enum>\n (A)\n </enum>\n <text>\n making employment and training services as described under section 134 of such Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2864\">\n 29 U.S.C. 2864\n </external-xref>\n ) available to refugees; and\n </text>\n </subparagraph>\n <subparagraph id=\"H9F1F804D809A4587A5F861E249106C8A\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n providing refugees with access to a one-stop delivery system under section 121 of such Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2841\">\n 29 U.S.C. 2841\n </external-xref>\n ).\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H4262695AD8CE40509AA3244F276BBA54\">\n <enum>\n (d)\n </enum>\n <header>\n Cash assistance and medical assistance to refugees\n </header>\n <text>\n Section 412(e) of such Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/8/1522\">\n 8 U.S.C. 1522(e)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H3B48D654D7F149B7865EC5FFB4157471\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph (2)(A)(i), by inserting\n <quote>\n and training\n </quote>\n after\n <quote>\n providing employment\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HF5F61B2FDD3349038F5395BFD2FE945E\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (3), by striking\n <quote>\n The\n </quote>\n and inserting\n <quote>\n Consistent with subsection (c)(3), the\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n </section>\n <section commented=\"no\" id=\"H30CD755F07C54076AFAE70257B1686CF\">\n <enum>\n 405.\n </enum>\n <header>\n Amendments relating to the Second Chance Act of 2007\n </header>\n <subsection id=\"H525DC1C7DCCA40799F7722F679821A1D\">\n <enum>\n (a)\n </enum>\n <header>\n Federal Prisoner Reentry Initiative\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 231 of the Second Chance Act of 2007 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/17541\">\n 42 U.S.C. 17541\n </external-xref>\n ) is amended—\n </text>\n <paragraph commented=\"no\" id=\"HB002053D1CF94A60B615EC00ABD709A1\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in subsection (a)(1)(E)—\n </text>\n <subparagraph commented=\"no\" id=\"HA7458EFB4D554464B5DD90A1E977CFE7\">\n <enum>\n (A)\n </enum>\n <text>\n by inserting\n <quote>\n the Department of Labor and\n </quote>\n before\n <quote>\n other Federal agencies\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H53C6C52459A34AF48140678DA63E6C4B\">\n <enum>\n (B)\n </enum>\n <text>\n by inserting\n <quote>\n State and local workforce investment boards,\n </quote>\n after\n <quote>\n community-based organizations,\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph commented=\"no\" id=\"HF9248D8A596748A9B0F8DF416042C8B1\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (c)—\n </text>\n <subparagraph commented=\"no\" id=\"HF8AF2B4273C9424481BBF7EF80E75DE9\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (2), by striking at the end\n <quote>\n and\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H9F2D23C98DEB484FB23BEC09AF225939\">\n <enum>\n (B)\n </enum>\n <text>\n in paragraph (3), by striking at the end the period and inserting\n <quote>\n ; and\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H9CAAC43C27F943ECAFD1FC0E01F00170\">\n <enum>\n (C)\n </enum>\n <text>\n by adding at the end the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H8E468B0334A4406996D7A5611F577A43\" style=\"OLC\">\n <paragraph commented=\"no\" id=\"H755152B3350E47EEAFB42595DDE87781\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to coordinate reentry programs with the employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2811\">\n 29 U.S.C. 2811 et seq.\n </external-xref>\n ).\n </text>\n </paragraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph commented=\"no\" id=\"HC3BC33F5EF224E49AAA99EB9441809A4\">\n <enum>\n (3)\n </enum>\n <text>\n in subsection (d), by adding at the end the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H7E5388D6531D4F04986F6DD7878E5F7A\" style=\"OLC\">\n <paragraph commented=\"no\" id=\"H46B1EEC8DA964528987E261AFDADA3CA\">\n <enum>\n (6)\n </enum>\n <header>\n Interaction with the workforce investment system\n </header>\n <subparagraph commented=\"no\" id=\"HBEEA26194987455C9046D5AF4AC8D4D5\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n In carrying out this section, the Director shall ensure that employment and training services, including such employment and services offered through reentry programs, are provided, as appropriate, through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2811\">\n 29 U.S.C. 2811 et seq.\n </external-xref>\n ). Such action may include—\n </text>\n <clause commented=\"no\" id=\"HF4ED9B0777C84A34B2892AA0D554A02E\">\n <enum>\n (i)\n </enum>\n <text>\n making employment and training services available to prisoners prior to and immediately following the release of such prisoners; or\n </text>\n </clause>\n <clause commented=\"no\" id=\"H0D009C4531FF4353BFF866F78EB653DF\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n providing prisoners with access by remote means to a one-stop delivery system under section 121 of the Workforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2841\">\n 29 U.S.C. 2841\n </external-xref>\n ) in the State in which the prison involved is located.\n </text>\n </clause>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H93B402FFE775491B96A921BB83CCBFF1\">\n <enum>\n (B)\n </enum>\n <header>\n Service defined\n </header>\n <text display-inline=\"yes-display-inline\">\n In this paragraph, the term\n <term>\n employment and training services\n </term>\n means those services described in section 134 of the Workforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2864\">\n 29 U.S.C. 2864\n </external-xref>\n ) offered by the Bureau of Prisons, including—\n </text>\n <clause commented=\"no\" id=\"HD5BE162BD3D94D029101E8FBEA221391\">\n <enum>\n (i)\n </enum>\n <text>\n the skills assessment described in subsection (a)(1)(A);\n </text>\n </clause>\n <clause commented=\"no\" id=\"HF0A8DE17533542AF9D6F7929B917FE52\">\n <enum>\n (ii)\n </enum>\n <text>\n the skills development plan described in subsection (a)(1)(B); and\n </text>\n </clause>\n <clause commented=\"no\" id=\"H2EF5BB39103D4DBC93F38ED4334A5702\">\n <enum>\n (iii)\n </enum>\n <text>\n the enhancement, development, and implementation of reentry and skills development programs.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" id=\"HECC09525DFEF4114B1565374C530F207\">\n <enum>\n (b)\n </enum>\n <header>\n Duties of the Bureau of Prisons\n </header>\n <text>\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/18/4042\">\n Section 4042(a)(5)(E)\n </external-xref>\n of title 18, United States Code, is amended—\n </text>\n <paragraph commented=\"no\" id=\"H0989A7E5917549C292FB9A49C0C660BD\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in clause (ii), by striking\n <quote>\n Employment\n </quote>\n and inserting\n <quote>\n Employment and training services (as defined in paragraph (6) of section 231(d) of the Second Chance Act of 2007), including basic skills attainment, consistent with such paragraph\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"H1440E62E88C94866A72CA46095E74254\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking clause (iii); and\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HF51024B858F744739FEC76A267E42383\">\n <enum>\n (3)\n </enum>\n <text>\n by redesignating clauses (iv), (v), (vi), and (vii) as clauses (iii), (iv), (v), and (vi), respectively.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H3EE8A1FC43ED4D51B89617FC97196040\">\n <enum>\n 406.\n </enum>\n <header>\n Amendments to the Omnibus Crime Control and Safe Streets Act of 1968\n </header>\n <text display-inline=\"no-display-inline\">\n Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/42/3797w\">\n 42 U.S.C. 3797w\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HB3D11FD1F41A4156A12F6CEC47E22989\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (b)—\n </text>\n <subparagraph id=\"HD7728815535A4545ADAE38BFCCCE31DE\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (1), by striking\n <quote>\n vocational\n </quote>\n and inserting\n <quote>\n career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/2302\">\n 20 U.S.C. 2302\n </external-xref>\n )) and training\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"HA664C25849BB4815AC0C811A0A9ED3B0\">\n <enum>\n (B)\n </enum>\n <text>\n by redesignating each of paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and\n </text>\n </subparagraph>\n <subparagraph id=\"H0F70A71966324F9D8B30028AFBDDC9EF\">\n <enum>\n (C)\n </enum>\n <text>\n by inserting after paragraph (3) the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H8A7F5D7028B9407394915780A09C28E9\" style=\"OLC\">\n <paragraph id=\"HA59E8D35D34F4D11AC3BD55B297C8954\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n coordinating employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2811\">\n 29 U.S.C. 2811 et seq.\n </external-xref>\n ), including a one-stop delivery system under section 121 of such Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2841\">\n 29 U.S.C. 2841\n </external-xref>\n ), for offenders upon release from prison, jail, or a juvenile facility, as appropriate;\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H75E07AA6DC914A90A94F55E7EF352F55\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (d)(2), by inserting\n <quote>\n , including local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2832\">\n 29 U.S.C. 2832\n </external-xref>\n ),\n </quote>\n after\n <quote>\n nonprofit organizations\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H5DF03CE8246B46418E83BFE6C1CC20FB\">\n <enum>\n (3)\n </enum>\n <text>\n in subsection (e)—\n </text>\n <subparagraph id=\"H46419B2D2EF44D1682DD5B80511EF5BC\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (3), by striking\n <quote>\n victim services, and employment services\n </quote>\n and inserting\n <quote>\n and victim services\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"HF803DB4A788244DB87B02CC7D3167CCB\">\n <enum>\n (B)\n </enum>\n <text>\n by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and\n </text>\n </subparagraph>\n <subparagraph id=\"H1C244916AB144A8C9B000CB43B402E55\">\n <enum>\n (C)\n </enum>\n <text>\n by inserting after paragraph (3) the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HA2C9E2239871474598D810DFA3F1E656\" style=\"OLC\">\n <paragraph id=\"HB744D63C72634227A43ECF8796284BB7\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n provides employment and training services through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2811\">\n 29 U.S.C. 2811 et seq.\n </external-xref>\n ), including a one-stop delivery system under section 121 of such Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2841\">\n 29 U.S.C. 2841\n </external-xref>\n ); and\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HEF7995EB183048E3A3ED94FD5D9648A6\">\n <enum>\n (4)\n </enum>\n <text>\n in subsection (k)—\n </text>\n <subparagraph id=\"HB1630681B3A14018BC499FABF2AE1BBD\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (1)(A), by inserting\n <quote>\n , in accordance with paragraph (2)\n </quote>\n after\n <quote>\n under this section\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H0532ED569A1B45C0905BDA906F04DDCE\">\n <enum>\n (B)\n </enum>\n <text>\n by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and\n </text>\n </subparagraph>\n <subparagraph id=\"HBA979604592A41D2B2583C9F285FE5D7\">\n <enum>\n (C)\n </enum>\n <text>\n by inserting after paragraph (1) the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H257C73DC88854AD7BB048417E5AA504D\" style=\"OLC\">\n <paragraph id=\"H979C5F59D48D4459A817C5F5CE2DF558\">\n <enum>\n (2)\n </enum>\n <header>\n Employment and training\n </header>\n <text display-inline=\"yes-display-inline\">\n The Attorney General shall require each grantee under this section to measure the core indicators of performance as described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2871\">\n 29 U.S.C. 2871(b)(2)(A)\n </external-xref>\n ) with respect to the program of such grantee funded with a grant under this section.\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n </section>\n <section id=\"H9CA1860DD5704AC29E189D2CDA95ADDF\">\n <enum>\n 407.\n </enum>\n <header>\n Conforming amendments to the United States Code\n </header>\n <text display-inline=\"no-display-inline\">\n Title 38, United States Code, is amended—\n </text>\n <paragraph id=\"H3337C3AADF4240C6A237D59D191E6B73\">\n <enum>\n (1)\n </enum>\n <text>\n by striking the item relating to section 4103A and section 4104 in the table of sections at the beginning of chapter 41 of such title;\n </text>\n </paragraph>\n <paragraph id=\"HDD63B904165A4806AA6DEB52A1B4B893\">\n <enum>\n (2)\n </enum>\n <text>\n in section 4102A—\n </text>\n <subparagraph id=\"H9AB8DA4B2F964BCDB1F237A475C5E36C\">\n <enum>\n (A)\n </enum>\n <text>\n in subsection (b)—\n </text>\n <clause id=\"H221E74CBC574419798F8DDAA6A7861EB\">\n <enum>\n (i)\n </enum>\n <text>\n by striking paragraphs (5), (6), and (7);\n </text>\n </clause>\n <clause id=\"HF4A4AE5D91854B689BADCBFF4E393A35\">\n <enum>\n (ii)\n </enum>\n <text>\n by redesignating paragraph (8) as paragraph (5);\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H5D10FCE09A3C4B609FE8570968CB8573\">\n <enum>\n (B)\n </enum>\n <text>\n by striking subsections (c) and (h);\n </text>\n </subparagraph>\n <subparagraph id=\"HA8EEE834A2F14150BEF785C963D1CD06\">\n <enum>\n (C)\n </enum>\n <text>\n by redesignating subsection (d), (e), (f), and (g) as subsection (c), (d), (e), and (f);\n </text>\n </subparagraph>\n <subparagraph id=\"H41F1AEC3BC284376BAF383AE407BFC22\">\n <enum>\n (D)\n </enum>\n <text>\n in subsection (e)(1) (as so redesignated)—\n </text>\n <clause id=\"HAFB95F2FCBCF44B7BC639C01947CE551\">\n <enum>\n (i)\n </enum>\n <text>\n by striking\n <quote>\n , including disabled veterans’ outreach program specialists and local veterans' employment representatives providing employment, training, and placement services under this chapter in a State\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"H39B66E49ABD74B7D99D5B289BBB2DD04\">\n <enum>\n (ii)\n </enum>\n <text>\n by striking\n <quote>\n for purposes of subsection (c)\n </quote>\n .\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H2F99D192BF004B9BA618B7F8BA6CED48\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in section 4109(a), by striking\n <quote>\n disabled veterans’ outreach program specialists and local veterans’ employment representative\n </quote>\n and inserting\n <quote>\n veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H292FAF56B8DD461281BB3B6A9FF04AA0\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in section 4109(d)(1), by striking\n <quote>\n disabled veterans’ outreach program specialists and local veterans’ employment representatives\n </quote>\n and inserting\n <quote>\n veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HB5090501AE5B4880839E1090F055DB91\">\n <enum>\n (5)\n </enum>\n <text>\n in section 4112(d)—\n </text>\n <subparagraph id=\"H68442B22516A43A8840A579BBFFB1DE1\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (1), by striking\n <quote>\n disabled veterans’ outreach program specialist\n </quote>\n and inserting\n <quote>\n veteran employment specialist appointed under section 134(f) of the Workforce Investment Act of 1998\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HA45F3BA2348E47318A0A60145552898A\">\n <enum>\n (B)\n </enum>\n <text>\n by striking paragraph (2) and redesignating paragraph (3) as paragraph (2);\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H0C8CDC9BDC7144BAAECD845DE8C17BE2\">\n <enum>\n (6)\n </enum>\n <text>\n in section 3672(d)(1), by striking\n <quote>\n disabled veterans’ outreach program specialists under section 4103A\n </quote>\n and inserting\n <quote>\n veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HFA84A82BB3C441A982DEE8CD82BC39D8\">\n <enum>\n (7)\n </enum>\n <text>\n in section 4104A—\n </text>\n <subparagraph id=\"H25959C41F7A6484E9A05F65AC559E928\">\n <enum>\n (A)\n </enum>\n <text>\n in subsection (b)(1), by striking subparagraph (A) and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HE36880465322458097A38E7CA40D0F0D\" style=\"USC\">\n <subparagraph id=\"H85E5401858A544078D168FDD520C0960\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the appropriate veteran employment specialist (in carrying out the functions described in section 134(f) of the Workforce Investment Act of 1998);\n </text>\n </subparagraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H48D698A24293469980725E59E305A682\">\n <enum>\n (B)\n </enum>\n <text>\n in subsection (c)(1), by striking subparagraph (A) and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H482C8A9009F3444C9250E199C2AC95BF\" style=\"OLC\">\n <subparagraph id=\"H4356EA3A13164804852AB3F84CC8EC44\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n collaborate with the appropriate veteran employment specialist (as described in section 134(f)) and the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/2801\">\n 29 U.S.C. 2801\n </external-xref>\n ));\n </text>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n </section>\n <section commented=\"no\" id=\"H276C2ED3B7AA400A856A7B42D886E511\">\n <enum>\n 408.\n </enum>\n <header>\n Conforming amendment to table of contents\n </header>\n <text display-inline=\"no-display-inline\">\n The table of contents in section 1(b) is amended to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H1C03798B6A3C4B88A07C872809912521\" style=\"OLC\">\n <toc>\n <toc-entry level=\"section\">\n Sec. 1. Short title; table of contents.\n </toc-entry>\n <toc-entry level=\"title\">\n TITLE I—WORKFORCE INVESTMENT SYSTEMS\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle A—Workforce Investment Definitions\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 101. Definitions.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle B—Statewide and Local Workforce Investment Systems\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 106. Purpose.\n </toc-entry>\n <toc-entry level=\"chapter\">\n Chapter 1—State Provisions\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 111. State workforce investment boards.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 112. State plan.\n </toc-entry>\n <toc-entry level=\"chapter\">\n Chapter 2—Local Provisions\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 116. Local workforce investment areas.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 117. Local workforce investment boards.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 118. Local plan.\n </toc-entry>\n <toc-entry level=\"chapter\">\n Chapter 3—Workforce Investment Activities Providers\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 121. Establishment of one-stop delivery systems.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 122. Identification of eligible providers of training services.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 123. [Repealed].\n </toc-entry>\n <toc-entry level=\"chapter\">\n Chapter 4—[Repealed]\n </toc-entry>\n <toc-entry level=\"chapter\">\n Chapter 5—Employment and Training Activities\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 131. General authorization.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 132. State allotments.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 133. Within State allocations.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 134. Use of funds for employment and training activities.\n </toc-entry>\n <toc-entry level=\"chapter\">\n Chapter 6—General Provisions\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 136. Performance accountability system.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 137. Authorization of appropriations.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle C—Job Corps\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 141. Purposes.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 142. Definitions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 143. Establishment.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 144. Individuals eligible for the Job Corps.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 145. Recruitment, screening, selection, and assignment of enrollees.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 146. Enrollment.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 147. Job Corps centers.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 148. Program activities.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 149. Counseling and job placement.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 150. Support.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 151. Operations.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 152. Standards of conduct.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 153. Community participation.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 154. Workforce councils.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 155. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 156. Technical assistance to centers.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 157. Application of provisions of Federal law.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 158. Special provisions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 159. Performance accountability and management.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 160. General provisions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 161. Authorization of appropriations.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle D—National Programs\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 166. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 167. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 168. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 169. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 170. Technical assistance.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 171. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 172. Evaluations.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 173. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 173A. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 174. [Repealed].\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle E—Administration\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 181. Requirements and restrictions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 182. Prompt allocation of funds.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 183. Monitoring.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 184. Fiscal controls; sanctions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 185. Reports; recordkeeping; investigations.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 186. Administrative adjudication.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 187. Judicial review.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 188. Nondiscrimination.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 189. Administrative provisions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 190. References.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 191. State legislative authority.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 192. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 193. Transfer of Federal equity in State employment security real property to the States.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 194. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 195. General program requirements.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 196. Federal agency staff.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle F—Repeals and Conforming Amendments\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 199. Repeals.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 199A. Conforming amendments.\n </toc-entry>\n <toc-entry level=\"title\">\n TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 201. Short title.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 202. Purpose.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 203. Definitions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 204. Home schools.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 205. Authorization of appropriations.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle A—Federal Provisions\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 211. Reservation of funds; grants to eligible agencies; allotments.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 212. Performance accountability system.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle B—State Provisions\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 221. State administration.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 222. State distribution of funds; matching requirement.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 223. State leadership activities.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 224. State plan.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 225. Programs for corrections education and other institutionalized individuals.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle C—Local Provisions\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 231. Grants and contracts for eligible providers.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 232. Local application.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 233. Local administrative cost limits.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle D—General Provisions\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 241. Administrative provisions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 242. National activities.\n </toc-entry>\n <toc-entry level=\"title\">\n TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle A—Wagner-Peyser Act\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 301. Definitions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 302. Functions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 303. Designation of State agencies.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 304. Appropriations.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 305. Disposition of allotted funds.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 306. State plans.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 307. Repeal of Federal advisory council.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 308. Regulations.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 309. Employment statistics.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 310. Technical amendments.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 311. Effective date.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle B—Linkages With Other Programs\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 321. Trade Act of 1974.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 322. Veterans' employment programs.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 323. Older Americans Act of 1965.\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle C—[Repealed]\n </toc-entry>\n <toc-entry level=\"subtitle\">\n Subtitle D—Application of Civil Rights and Labor-Management Laws to the Smithsonian Institution\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution.\n </toc-entry>\n <toc-entry level=\"title\">\n TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 401. Short title.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 402. Title.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 403. General provisions.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 404. Vocational rehabilitation services.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 405. Research and training.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 406. Professional development and special projects and demonstrations.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 407. National Council on Disability.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 408. Rights and advocacy.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 409. Employment opportunities for individuals with disabilities.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 410. Independent living services and centers for independent living.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 411. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 412. Helen Keller National Center Act.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 413. President's Committee on Employment of People With Disabilities.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 414. Conforming amendments.\n </toc-entry>\n <toc-entry level=\"title\">\n TITLE V—GENERAL PROVISIONS\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 501. State unified plan.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 502. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 503. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 504. Privacy.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 505. Buy-American requirements.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 506. [Repealed].\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 507. Effective date.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n \n \n <enum>\n V\n </enum>\n <header>\n AMENDMENTS TO THE REHABILITATION ACT OF 1973\n </header>\n <section id=\"H3F62567DAB3843F2B7599F852B529D84\">\n <enum>\n 501.\n </enum>\n <header>\n Findings\n </header>\n <text display-inline=\"no-display-inline\">\n Section 2(a) of the Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/701\">\n 29 U.S.C. 701(a)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HCD973FDA37F14D24A4725068D2037371\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph (5), by striking\n <quote>\n and\n </quote>\n at the end;\n </text>\n </paragraph>\n <paragraph id=\"H4531E366CEDC494ABC073A2322DE1113\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (6), by striking the period and inserting\n <quote>\n ; and\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H3EC3981154BD4EFEA0FC631051DFFA0E\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"H5841E8C74692456F9B65E4F264FDD103\" style=\"OLC\">\n <paragraph id=\"H83C12A0888714FFB9F4646E58AF452C5\">\n <enum>\n (7)\n </enum>\n <text>\n there is a substantial need to improve and expand services for students with disabilities under this Act.\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H0CB86F6DBB9C4A6ABB5C4C9B9A1695D7\">\n <enum>\n 502.\n </enum>\n <header>\n Rehabilitation services administration\n </header>\n <subsection id=\"H9A9949A4FC144802946339FFCB0BDBC0\">\n <enum>\n (a)\n </enum>\n <header>\n Rehabilitation services administration\n </header>\n <text>\n The Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/701\">\n 29 U.S.C. 701 et seq.\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H1CDF1BC03F2543D28DA3FE49223E9992\">\n <enum>\n (1)\n </enum>\n <text>\n in section 3(a) (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/702\">\n 29 U.S.C. 702(a)\n </external-xref>\n )—\n </text>\n <subparagraph id=\"HBFE287B03D5B49ACB5266B5769DAFE46\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n Office of the Secretary\n </quote>\n and inserting\n <quote>\n Department of Education\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H8FEE55DBE2044BCEB85106FF53490980\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n President by and with the advice and consent of the Senate\n </quote>\n and inserting\n <quote>\n Secretary\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HF52EF3201A7042D1BC2C092B5CBCF2D3\">\n <enum>\n (C)\n </enum>\n <text>\n by striking\n <quote>\n , and the Commissioner shall be the principal officer,\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HFEF2A638DB4E4A8A97A1635289005DDB\">\n <enum>\n (2)\n </enum>\n <text>\n by striking\n <quote>\n Commissioner\n </quote>\n each place it appears (except in section 21) and inserting\n <quote>\n Director\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HFB9CEBED52184C5BB8F682ED9F2C5BE8\">\n <enum>\n (3)\n </enum>\n <text>\n in section 12(c) (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/709\">\n 29 U.S.C. 709\n </external-xref>\n ), by striking\n <quote>\n Commissioner’s\n </quote>\n and inserting\n <quote>\n Director’s\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HA24D978CBEA04B28A63E19719D69CAE8\">\n <enum>\n (4)\n </enum>\n <text>\n in the heading for subparagraph (B) of section 100(d)(2), by striking\n <quote>\n <header-in-text level=\"subparagraph\" style=\"OLC\">\n commissioner\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"subparagraph\" style=\"OLC\">\n director\n </header-in-text>\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H64C4B09DBF2146F68AE359D3F8B74B11\">\n <enum>\n (5)\n </enum>\n <text>\n in the heading for section 706, by striking\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n commissioner\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n director\n </header-in-text>\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H53BEE10B3F6A413F8213F3F558C69A9B\">\n <enum>\n (6)\n </enum>\n <text>\n in the heading for paragraph (3) of section 723(a), by striking\n <quote>\n <header-in-text level=\"paragraph\" style=\"OLC\">\n commissioner\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"paragraph\" style=\"OLC\">\n director\n </header-in-text>\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H131A594A705442579DEEDB3087CB3B1C\">\n <enum>\n (7)\n </enum>\n <text>\n in section 21 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/718\">\n 29 U.S.C. 718\n </external-xref>\n )—\n </text>\n <subparagraph id=\"H1F9355E1C78E443DA4211D379CF75B56\">\n <enum>\n (A)\n </enum>\n <text>\n in subsection (b)(1)—\n </text>\n <clause id=\"HAD00BB31B3434A8990E35CD66BB4648A\">\n <enum>\n (i)\n </enum>\n <text>\n by striking\n <quote>\n Commissioner\n </quote>\n the first place it appears and inserting\n <quote>\n Director of the Rehabilitation Services Administration\n </quote>\n ;\n </text>\n </clause>\n <clause id=\"H5C3948BE212F44E7836B4D11B240946E\">\n <enum>\n (ii)\n </enum>\n <text>\n by striking\n <quote>\n (referred to in this subsection as the\n <quote>\n Director\n </quote>\n )\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"HBAC8B97B418748E7A1AEF7F1F09DF592\">\n <enum>\n (iii)\n </enum>\n <text>\n by striking\n <quote>\n The Commissioner and the Director\n </quote>\n and inserting\n <quote>\n Both such Directors\n </quote>\n ; and\n </text>\n </clause>\n </subparagraph>\n <subparagraph display-inline=\"no-display-inline\" id=\"H4FC9A46B3F4D48A994332D63A82C0B15\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n the Commissioner and the Director\n </quote>\n each place it appears and inserting\n <quote>\n both such Directors\n </quote>\n .\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H501B1A475660459693D654D1A9E3FD98\">\n <enum>\n (b)\n </enum>\n <header>\n Effective date; application\n </header>\n <text>\n The amendments made by subsection (a) shall—\n </text>\n <paragraph id=\"H80590893B5DB4963A99DE04E7047AC89\">\n <enum>\n (1)\n </enum>\n <text>\n take effect on the date of the enactment of this Act; and\n </text>\n </paragraph>\n <paragraph id=\"HF1D74D0CEAE1403C96438A75CCE79191\">\n <enum>\n (2)\n </enum>\n <text>\n apply with respect to the appointments of Directors of the Rehabilitation Services Administration made on or after the date of enactment of this Act, and the Directors so appointed.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"HDE3CF487B0A14EA78635E36EFB19A4EB\">\n <enum>\n 503.\n </enum>\n <header>\n Definitions\n </header>\n <text display-inline=\"no-display-inline\">\n Section 7 of the Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/705\">\n 29 U.S.C. 705\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HF94250CEB8304FA6B0E48CC3EFE073B4\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating paragraphs (35) through (39) as paragraphs (36) through (40), respectively;\n </text>\n </paragraph>\n <paragraph id=\"H5FCF0482E4DC47F098017458E6299EBC\">\n <enum>\n (2)\n </enum>\n <text>\n in subparagraph (A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking\n <quote>\n paragraph (36)(C)\n </quote>\n and inserting\n <quote>\n paragraph (37)(C)\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H0BA7E30E128245618F12E10F36894D37\">\n <enum>\n (3)\n </enum>\n <text>\n by inserting after paragraph (34) the following:\n </text>\n <quoted-block id=\"HD8FCF0C39F2946278D408F46C5315F51\" style=\"OLC\">\n <paragraph id=\"H1C63D588756E41AEBD964D7FC5D4DE0D\">\n <enum>\n (35)\n </enum>\n <subparagraph commented=\"no\" display-inline=\"yes-display-inline\" id=\"H215301E4004D44C190E3A5942C51A846\">\n <enum>\n (A)\n </enum>\n <text>\n The term\n <term>\n student with a disability\n </term>\n means an individual with a disability who—\n </text>\n <clause id=\"HFF83300978CD4582956BC7657CBBE53A\">\n <enum>\n (i)\n </enum>\n <text>\n is not younger than 16 and not older than 21;\n </text>\n </clause>\n <clause id=\"HC4466A3874F84C3D941397D2E6C55D29\">\n <enum>\n (ii)\n </enum>\n <text>\n has been determined to be eligible under section 102(a) for assistance under this title; and\n </text>\n </clause>\n <clause id=\"H103375935D7E4E7792CF49EDB1680724\">\n <enum>\n (iii)\n </enum>\n <subclause commented=\"no\" display-inline=\"yes-display-inline\" id=\"H32DB0F6CC64F4F709ECBE732B17E3999\">\n <enum>\n (I)\n </enum>\n <text>\n is eligible for, and is receiving, special education under part B of the Individuals with Disabilities Education Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/1411\">\n 20 U.S.C. 1411 et seq.\n </external-xref>\n ); or\n </text>\n </subclause>\n <subclause id=\"H807484AC937C4594997FD8516D81C318\" indent=\"up1\">\n <enum>\n (II)\n </enum>\n <text>\n is an individual with a disability, for purposes of section 504.\n </text>\n </subclause>\n </clause>\n </subparagraph>\n <subparagraph id=\"H50FF807517284C5A846CE68E06D567E7\" indent=\"up1\">\n <enum>\n (B)\n </enum>\n <text>\n The term\n <term>\n students with disabilities\n </term>\n means more than 1 student with a disability.\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H4408A409539E42B3B44DF2AFB1F4A4C4\">\n <enum>\n 504.\n </enum>\n <header>\n State plan\n </header>\n <text display-inline=\"no-display-inline\">\n Section 101(a) of the Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/721\">\n 29 U.S.C. 721(a)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H5318ED4996B74FA6847A40046C14C7D0\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph (10)(B) by striking\n <quote>\n on the eligible individuals\n </quote>\n and all that follows through\n <quote>\n section 136(d)(2)\n </quote>\n and inserting\n <quote>\n of information necessary to assess the State’s performance on the core indicators of performance described in section 136(b)(2)(A)\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H5D50C8B13BE04A94B456920F50606C72\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (11)—\n </text>\n <subparagraph id=\"H6A2F7107714E45469F579F67B00C5859\">\n <enum>\n (A)\n </enum>\n <text>\n in subparagraph (D)(i), by inserting before the semicolon the following:\n <quote>\n , which may be provided using alternative means of meeting participation (such as video conferences and conference calls)\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HB834D56B36DC43ECB81E705CF6D85511\">\n <enum>\n (B)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"H9039BAE05ED6466FB8FAF79D418D382C\" style=\"OLC\">\n <subparagraph id=\"HBC7BE81566CA45938F251206D1A5F2AF\">\n <enum>\n (G)\n </enum>\n <header>\n Coordination with assistive technology programs\n </header>\n <text>\n The State plan shall include an assurance that the designated State unit and the lead agency or implementing entity responsible for carrying out duties under the Assistive Technology Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/3001\">\n 29 U.S.C. 3001 et seq.\n </external-xref>\n ) have developed working relationships and coordinate their activities.\n </text>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HF0A59F8192354175B3E482FCE8122C14\">\n <enum>\n (3)\n </enum>\n <text>\n in paragraph (15)—\n </text>\n <subparagraph id=\"H3FFDA401133F4A2EA76B0114E217F579\">\n <enum>\n (A)\n </enum>\n <text>\n in subparagraph (A)—\n </text>\n <clause id=\"HEBD05CBF6FCC490AA7160B8C06492FFB\">\n <enum>\n (i)\n </enum>\n <text>\n in clause (i)—\n </text>\n <subclause id=\"HF7E71087D5E84C4D91FBEE58557E2236\">\n <enum>\n (I)\n </enum>\n <text>\n in subclause (II), by striking\n <quote>\n and\n </quote>\n at the end;\n </text>\n </subclause>\n <subclause id=\"H886CE2640B5F4B9789FC78C636866CD6\">\n <enum>\n (II)\n </enum>\n <text>\n in subclause (III), by adding\n <quote>\n and\n </quote>\n at the end; and\n </text>\n </subclause>\n <subclause id=\"H485CCB78B76742E48B324311A3E2FD9D\">\n <enum>\n (III)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"H4896D13CBC484D98A127B25925674042\" style=\"OLC\">\n <subclause id=\"HCADE29BCBB114D15915E174EA5C051D4\">\n <enum>\n (IV)\n </enum>\n <text>\n students with disabilities, including their need for transition services;\n </text>\n </subclause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subclause>\n </clause>\n <clause id=\"HB9C4D2706B0A4BB6805FE01DE168C958\">\n <enum>\n (ii)\n </enum>\n <text>\n by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and\n </text>\n </clause>\n <clause id=\"HE5DA641366A547DAA35909F9E8346842\">\n <enum>\n (iii)\n </enum>\n <text>\n by inserting after clause (i) the following:\n </text>\n <quoted-block id=\"H467734CE008B4B09A5153D3300362423\" style=\"OLC\">\n <clause id=\"H571F3E5A8ACE44D28759DDB52979D9CC\">\n <enum>\n (ii)\n </enum>\n <text>\n include an assessment of the transition services provided under this Act, and coordinated with transition services under the Individuals with Disabilities Education Act, as to those services meeting the needs of individuals with disabilities;\n </text>\n </clause>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </clause>\n </subparagraph>\n <subparagraph id=\"H676649E0960A441D9A166B759B42E948\">\n <enum>\n (B)\n </enum>\n <text>\n in subparagraph (D)—\n </text>\n <clause id=\"HDA75E3F7178E4241B14596A048CB9C74\">\n <enum>\n (i)\n </enum>\n <text>\n by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; and\n </text>\n </clause>\n <clause id=\"HAD77A71F381341E0A5C737BE87C49AEE\">\n <enum>\n (ii)\n </enum>\n <text>\n by inserting after clause (ii) the following:\n </text>\n <quoted-block id=\"H6B60BA31CFB445A8BB9E6E7A631AE1A3\" style=\"OLC\">\n <clause id=\"H0963951E48BD40C09EE55449A14F7591\">\n <enum>\n (iii)\n </enum>\n <text>\n the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to the receipt of vocational rehabilitation services under this title or to postsecondary education or employment;\n </text>\n </clause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H75EAC8C245CC48EBAF4405E83E9099FC\">\n <enum>\n (4)\n </enum>\n <text>\n in paragraph (22)—\n </text>\n <subparagraph id=\"HCB081FD6662B4DC28B1C139E96429255\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n carrying out part B of title VI, including\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H711D11355B8045C899729F44B114F60A\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n that part to supplement funds made available under part B of\n </quote>\n ;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H1397A9BB206149DB90DC956C727A1CEF\">\n <enum>\n (5)\n </enum>\n <text>\n in paragraph (24)(A), by striking\n <quote>\n part A of title VI\n </quote>\n and inserting\n <quote>\n section 109A\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H243E76D9B6D74F60AB48206F0186E559\">\n <enum>\n (6)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"H0647346C6986413688C69EA3FD0BAEB0\" style=\"OLC\">\n <paragraph id=\"H6B6D1CE4B6314DF688CAFB354689E033\">\n <enum>\n (25)\n </enum>\n <header>\n Collaboration with industry\n </header>\n <text>\n The State plan shall describe how the designated State agency will carry out the provisions of section 109A, including—\n </text>\n <subparagraph id=\"HB5A32694E2A64E16822D5BD3BF3CDA67\">\n <enum>\n (A)\n </enum>\n <text>\n the criteria such agency will use to award grants under such section; and\n </text>\n </subparagraph>\n <subparagraph id=\"H1103B23A8B7A466AAC01C2AF4AF398A6\">\n <enum>\n (B)\n </enum>\n <text>\n how the activities carried out under such grants will be coordinated with other services provided under this title.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H988D175DB0A14282BDB6984B257E4580\">\n <enum>\n (26)\n </enum>\n <header>\n Services for students with disabilities\n </header>\n <text>\n The State plan shall provide an assurance satisfactory to the Secretary that the State—\n </text>\n <subparagraph id=\"H1374A903C6054FD8BB4C92AA603C22D8\">\n <enum>\n (A)\n </enum>\n <text>\n has developed and implemented strategies to address the needs identified in the assessment described in paragraph (15), and achieve the goals and priorities identified by the State, to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis in accordance with paragraph (15); and\n </text>\n </subparagraph>\n <subparagraph id=\"H98E47122E5E94C839495B98767B308EC\">\n <enum>\n (B)\n </enum>\n <text>\n from funds reserved under section 110A, shall carry out programs or activities designed to improve and expand vocational rehabilitation services for students with disabilities that—\n </text>\n <clause id=\"HF53406D8EE464B3EB525C167BEC57AF4\">\n <enum>\n (i)\n </enum>\n <text>\n facilitate the transition of students with disabilities from the receipt of educational services in school, to the receipt of vocational rehabilitation services under this title, including, at a minimum, those services specified in the interagency agreement required in paragraph (11)(D);\n </text>\n </clause>\n <clause id=\"HB67D28BFD6D94B39A6B18B19241ACDE7\">\n <enum>\n (ii)\n </enum>\n <text>\n improve the achievement of post-school goals of students with disabilities, including improving the achievement through participation (as appropriate when career goals are discussed) in meetings regarding individualized education programs developed under section 614 of the Individuals with Disabilities Education Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/1414\">\n 20 U.S.C. 1414\n </external-xref>\n );\n </text>\n </clause>\n <clause id=\"H07FEF9AA66F44995A48FC72965148E26\">\n <enum>\n (iii)\n </enum>\n <text>\n provide career guidance, career exploration services, job search skills and strategies, and technical assistance to students with disabilities;\n </text>\n </clause>\n <clause id=\"HE6E78DD54D454A3986F60575B2849CD7\">\n <enum>\n (iv)\n </enum>\n <text>\n support the provision of training and technical assistance to State and local educational agencies and designated State agency personnel responsible for the planning and provision of services to students with disabilities; and\n </text>\n </clause>\n <clause id=\"HA478F533C9D741FAA5F750D8112856B1\">\n <enum>\n (v)\n </enum>\n <text>\n support outreach activities to students with disabilities who are eligible for, and need, services under this title.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H237D9802DC7949FCAA49D2E35EB2A2A7\">\n <enum>\n 505.\n </enum>\n <header>\n Scope of services\n </header>\n <text display-inline=\"no-display-inline\">\n Section 103 of the Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/723\">\n 29 U.S.C. 723\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HA27273FE27234F03BE04EEEF2BA936A1\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (a), by striking paragraph (15) and inserting the following:\n </text>\n <quoted-block id=\"H7D0FAF5176254190B1E47CE680735C73\" style=\"OLC\">\n <paragraph id=\"H9A1CDE1BC7764D82B245B05BCE925495\">\n <enum>\n (15)\n </enum>\n <text>\n transition services for students with disabilities, that facilitate the achievement of the employment outcome identified in the individualized plan for employment, including services described in clauses (i) through (iii) of section 101(a)(26)(B);\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HDE615BA5012449D1B93B3B81935ECDDA\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (b), by striking paragraph (6) and inserting the following:\n </text>\n <quoted-block id=\"HB271550143884E3D9D1D89D5F08AD87E\" style=\"OLC\">\n <paragraph id=\"H4D64D357378E41B6B100D9A9B5C43CEF\">\n <enum>\n (6)\n </enum>\n <subparagraph commented=\"no\" display-inline=\"yes-display-inline\" id=\"HE56B76B4B75F46FFA2EDD7C2CB4E54EC\">\n <enum>\n (A)\n </enum>\n <clause commented=\"no\" display-inline=\"yes-display-inline\" id=\"H637ED6631D81492BB0031CD92062B462\">\n <enum>\n (i)\n </enum>\n <text>\n Consultation and technical assistance services to assist State and local educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment.\n </text>\n </clause>\n <clause id=\"H88BE16C095DA4A10859AF6D17A7DC533\" indent=\"up2\">\n <enum>\n (ii)\n </enum>\n <text>\n Training and technical assistance described in section 101(a)(26)(B)(iv).\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H9ADB85A3699B4CCD8175B7F88ADB9938\" indent=\"up1\">\n <enum>\n (B)\n </enum>\n <text>\n Services for groups of individuals with disabilities who meet the requirements of clauses (i) and (iii) of section 7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of section 101(a)(26)(B), to assist in the transition from school to post-school activities.\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HFFE712DBF8FF4B23985A31ADA3E66059\">\n <enum>\n (3)\n </enum>\n <text>\n in subsection (b) by inserting at the end, the following:\n </text>\n <quoted-block id=\"H2216F74F399342B2A0E0067BCAFEBC42\" style=\"OLC\">\n <paragraph id=\"HCBF30155B93E4685B02A38B5632EA867\">\n <enum>\n (7)\n </enum>\n <text>\n The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/3001\">\n 29 U.S.C. 3001\n </external-xref>\n ) to promote access to assistive technology for individuals with disabilities and employers.\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H05487E3E9F2642CABE6A1F5E09B3E32E\">\n <enum>\n 506.\n </enum>\n <header>\n Standards and indicators\n </header>\n <text display-inline=\"no-display-inline\">\n Section 106 of the Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/726\">\n 29 U.S.C. 726(a)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H38759E837C90405FB22371130BE803AC\">\n <enum>\n (1)\n </enum>\n <text>\n by striking subsection (a) and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H302E81BB3F2E464CBB9F118BEB84AD92\" style=\"OLC\">\n <subsection id=\"HB71048CB518E45C69EBEF72867649476\">\n <enum>\n (a)\n </enum>\n <header>\n Standards and indicators\n </header>\n <text display-inline=\"yes-display-inline\">\n The performance standards and indicators for the vocational rehabilitation program carried out under this title—\n </text>\n <paragraph id=\"H4CE21519784D49269F2597912690A979\">\n <enum>\n (1)\n </enum>\n <text>\n shall be subject to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act of 1998; and\n </text>\n </paragraph>\n <paragraph id=\"H7C3019C1B01D489F9709A2724BB40BE3\">\n <enum>\n (2)\n </enum>\n <text>\n may, at a State’s discretion, include additional indicators identified in the State plan submitted under section 101.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HC3377B81C542494FA98F9F856AB651B3\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in subsection (b)(2)(B), by striking clause (i) and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HA8B978B6B8B2451EAE2DC29DEF58AB21\" style=\"OLC\">\n <clause id=\"H984017D9F6714B169645DB440298168B\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Director, direct the State to make revisions to the plan to improve performance; and\n </text>\n </clause>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"HFC1C1E44B4A843C4AFFA0D2FAC84AF98\">\n <enum>\n 507.\n </enum>\n <header>\n Collaboration with industry\n </header>\n <text display-inline=\"no-display-inline\">\n The Rehabilitation Act of 1973 is amended by inserting after section 109 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/729\">\n 29 U.S.C. 729\n </external-xref>\n ) the following:\n </text>\n <quoted-block id=\"HDF8D42A494A142739FCDE0A93E73AB22\" style=\"OLC\">\n <section id=\"H3B4C73A11520440DAFF0FB49CD9DBE1A\">\n <enum>\n 109A.\n </enum>\n <header>\n Collaboration with industry\n </header>\n <subsection id=\"HCCED12E1FCA341F88DF6A2DCE45A3EA7\">\n <enum>\n (a)\n </enum>\n <header>\n Authority\n </header>\n <text>\n A State shall use not less than one-half of one percent of the payment the State receives under section 111 for a fiscal year to award grants to eligible entities to create practical job and career readiness and training programs, and to provide job placements and career advancement.\n </text>\n </subsection>\n <subsection id=\"H9C5712FDC4E049418629A31A54EF060D\">\n <enum>\n (b)\n </enum>\n <header>\n Application\n </header>\n <text>\n To receive a grant under this section, an eligible entity shall submit an application to a designated State agency at such time, in such manner, and containing such information as such agency shall require. Such application shall include, at a minimum—\n </text>\n <paragraph id=\"H45F51CA060B349CB89EB3F2F9EB2F3DE\">\n <enum>\n (1)\n </enum>\n <text>\n a plan for evaluating the effectiveness of the program;\n </text>\n </paragraph>\n <paragraph id=\"HDDA96B85A01742F599A671D27E0DE55A\">\n <enum>\n (2)\n </enum>\n <text>\n a plan for collecting and reporting the data and information described under subparagraphs (A) through (C) of section 101(a)(10), as determined appropriate by the designated State agency; and\n </text>\n </paragraph>\n <paragraph id=\"H908674F89F8C4BFFA4CEFC4A2B749073\">\n <enum>\n (3)\n </enum>\n <text>\n a plan for providing for the non-Federal share of the costs of the program.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H715359DEB4544370928F239804D72E1E\">\n <enum>\n (c)\n </enum>\n <header>\n Activities\n </header>\n <text>\n An eligible entity receiving a grant under this section shall use the grant funds to carry out a program that provides one or more of the following:\n </text>\n <paragraph id=\"H75DBF8A1BE7644AAB7B99CDB4004F122\">\n <enum>\n (1)\n </enum>\n <text>\n Job development, job placement, and career advancement services for individuals with disabilities.\n </text>\n </paragraph>\n <paragraph id=\"H0B66A8B6C80C471DA08A89EB47384D8F\">\n <enum>\n (2)\n </enum>\n <text>\n Training in realistic work settings in order to prepare individuals with disabilities for employment and career advancement in the competitive market.\n </text>\n </paragraph>\n <paragraph id=\"H24D3C8A15FC6451EB235BC0C85A5A6CA\">\n <enum>\n (3)\n </enum>\n <text>\n Providing individuals with disabilities with such support services as may be required in order to maintain the employment and career advancement for which the individuals have received training.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H771C9A6CE5C74AAEA69AFF260456DE6B\">\n <enum>\n (d)\n </enum>\n <header>\n Awards\n </header>\n <text>\n Grants under this section shall—\n </text>\n <paragraph id=\"H3FCD47758EF5490CBAC8B7BCD18E2BE2\">\n <enum>\n (1)\n </enum>\n <text>\n be awarded for a period not to exceed 5 years; and\n </text>\n </paragraph>\n <paragraph id=\"H7DB7D120859840689E296DCEA4CCE47F\">\n <enum>\n (2)\n </enum>\n <text>\n be awarded competitively.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H099F68D12D8846168DD97F36B5D20E52\">\n <enum>\n (e)\n </enum>\n <header>\n Eligible entity defined\n </header>\n <text>\n For the purposes of this section, the term\n <term>\n eligible entity\n </term>\n means a for-profit business, alone or in partnership with one or more of the following:\n </text>\n <paragraph id=\"H27B2C4D2CCB240B499617173F9659A2F\">\n <enum>\n (1)\n </enum>\n <text>\n Community rehabilitation program providers.\n </text>\n </paragraph>\n <paragraph id=\"H29605A2D296F46EE9033B770B721C25E\">\n <enum>\n (2)\n </enum>\n <text>\n Indian tribes.\n </text>\n </paragraph>\n <paragraph id=\"H463A9CBE3BBB45868A9D12FF241CB608\">\n <enum>\n (3)\n </enum>\n <text>\n Tribal organizations.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H7975ED693FD2486DB6A98865D6474125\">\n <enum>\n (f)\n </enum>\n <header>\n Federal share\n </header>\n <text>\n The Federal share of a program under this section shall not exceed 80 percent of the costs of the program.\n </text>\n </subsection>\n <subsection id=\"HA390481291D148A0ABDD053C89E5DD60\">\n <enum>\n (g)\n </enum>\n <header>\n Eligibility for services\n </header>\n <text>\n An individual shall be eligible for services provided under a program under this section if the individual is determined under section 102(a)(1) to be eligible for assistance under this title.\n </text>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n <section id=\"H3A2BE2E0670F4CA49BDE455BAA108E3B\">\n <enum>\n 508.\n </enum>\n <header>\n Reservation for expanded transition services\n </header>\n <text display-inline=\"no-display-inline\">\n The Rehabilitation Act of 1973 is amended by inserting after section 110 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/730\">\n 29 U.S.C. 730\n </external-xref>\n ) the following:\n </text>\n <quoted-block id=\"H041F6BCFE62E44C28DF601F3F87014D4\" style=\"OLC\">\n <section id=\"HCAC1DC92E1FA463F99C0C65132EF319D\">\n <enum>\n 110A.\n </enum>\n <header>\n Reservation for expanded transition services\n </header>\n <text display-inline=\"no-display-inline\">\n Each State shall reserve not less than 10 percent of the funds allotted to the State under section 110(a) to carry out programs and activities under sections 101(a)(26)(B) and 103(b)(6).\n </text>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n <section id=\"H7E8400CEE0E04EF1AE14DA3D61C2E7F9\">\n <enum>\n 509.\n </enum>\n <header>\n Client assistance program\n </header>\n <text display-inline=\"no-display-inline\">\n Section 112(e)(1) of the Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/732\">\n 29 U.S.C. 732(e)(1)\n </external-xref>\n ) is amended by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following:\n </text>\n <quoted-block id=\"HDEDC2858DCBF439C82288A7D74A33410\" style=\"OLC\">\n <subparagraph id=\"HADA3FAABAE4544E0B8C036A56BE4488F\">\n <enum>\n (D)\n </enum>\n <text>\n The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. The amount of such grants shall be the same as provided to territories under this subsection.\n </text>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n <section id=\"H998979F32E524E98A5FEFF26D0498D1D\">\n <enum>\n 510.\n </enum>\n <header>\n Title III amendments\n </header>\n <text display-inline=\"no-display-inline\">\n Title III of the Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/771\">\n 29 U.S.C. 771 et seq.\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HB7A8D61E23F3456B99B12396616EF38B\">\n <enum>\n (1)\n </enum>\n <text>\n in section 301(a)—\n </text>\n <subparagraph id=\"H6BB0C03C4C3C4E20A2CA2C8D454FE263\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (2), by inserting\n <quote>\n and\n </quote>\n at the end;\n </text>\n </subparagraph>\n <subparagraph id=\"H15AB2B36EED945A3B747D5047AE49CCB\">\n <enum>\n (B)\n </enum>\n <text>\n by striking paragraphs (3) and (4); and\n </text>\n </subparagraph>\n <subparagraph id=\"HEC92BF10F50644C68B3033F3A335417B\">\n <enum>\n (C)\n </enum>\n <text>\n by redesignating paragraph (5) as paragraph (3);\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H038A4A4DFB124AC1B5557A4F928EF6A8\">\n <enum>\n (2)\n </enum>\n <text>\n in section 302(g)—\n </text>\n <subparagraph id=\"HAB46A0062A3547C1BE483BE6B13C6D12\">\n <enum>\n (A)\n </enum>\n <text>\n in the heading, by striking\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n And In-Service Training\n </header-in-text>\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H09ED69B00ACB4C62B91F75BB3C9FA837\">\n <enum>\n (B)\n </enum>\n <text>\n by striking paragraph (3);\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HAA2F9E57707542638BF1D9EEDD2562EC\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in section 303(c)—\n </text>\n <subparagraph id=\"HDDF460B74B354DE3B806508FFF37F30A\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (4)—\n </text>\n <clause id=\"H7406525932254323801654061419F855\">\n <enum>\n (i)\n </enum>\n <text>\n by amending subparagraph (A)(ii) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H80C7EEA414E3488F9C055330BDCE02FA\" style=\"OLC\">\n <clause id=\"HEE4E287EC3DA4E72BFD155D8A0047A4D\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to coordinate and work closely with the parent training and information centers established pursuant to section 671 of the Individuals with Disabilities Education Act, the community parent resource centers established pursuant to section 672 of such Act, and the eligible entities receiving awards under section 673 of such Act; and\n </text>\n </clause>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </clause>\n <clause id=\"H333F198525BF4EB9B51B013124D0AF83\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in subparagraph (C), by inserting\n <quote>\n , and demonstrate the capacity for serving,\n </quote>\n after\n <quote>\n serve\n </quote>\n ; and\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H618DE378E73D4CE2A8DAAE33AF97CA68\">\n <enum>\n (B)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HC23B55FA8A15446C9CED12EED4FE1A0C\" style=\"OLC\">\n <paragraph commented=\"no\" id=\"H56E66E8EBD0B4F469DEC6DE82988B76A\">\n <enum>\n (8)\n </enum>\n <header>\n Reservation\n </header>\n <text display-inline=\"yes-display-inline\">\n From the amount appropriated to carry out this subsection for a fiscal year, 20 percent of such amount or $500,000, whichever is less, shall be reserved to carry out paragraph (6).\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H3247F56D4CF94A8BAFF9AD3893994C68\">\n <enum>\n (4)\n </enum>\n <text>\n by striking sections 304 and 305; and\n </text>\n </paragraph>\n <paragraph id=\"HEA957DDD20174ADB93CF0679D1C67259\">\n <enum>\n (5)\n </enum>\n <text>\n by redesignating section 306 as section 304.\n </text>\n </paragraph>\n </section>\n <section id=\"H2FC26D6EBBAC4F7291AA0F33CC357B24\">\n <enum>\n 511.\n </enum>\n <header>\n Repeal of title VI\n </header>\n <text display-inline=\"no-display-inline\">\n The Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/701\">\n 29 U.S.C. 701 et seq.\n </external-xref>\n ) is amended by repealing title VI.\n </text>\n </section>\n <section id=\"H8DE317EC10DD4FF58ED2EAB7A7B42E37\">\n <enum>\n 512.\n </enum>\n <header>\n Chairperson\n </header>\n <text display-inline=\"no-display-inline\">\n Section 705(b)(5) of the Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/796d\">\n 29 U.S.C. 796d(b)(5)\n </external-xref>\n ) is amended to read as follows:\n </text>\n <quoted-block id=\"H9788E6C8AE6C42958D5E787094675810\" style=\"OLC\">\n <paragraph id=\"HB60678B9F5D74EC387AFA3E6E7EEF895\">\n <enum>\n (5)\n </enum>\n <header>\n Chairperson\n </header>\n <text>\n The Council shall select a chairperson from among the voting membership of the Council.\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </section>\n <section id=\"HD7C59BCDA71C45BD9254F9F2DFEFF68E\">\n <enum>\n 513.\n </enum>\n <header>\n Authorizations of appropriations\n </header>\n <text display-inline=\"no-display-inline\">\n The Rehabilitation Act of 1973 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/701\">\n 29 U.S.C. 701 et seq.\n </external-xref>\n ) is further amended—\n </text>\n <paragraph id=\"H3F218E41EB134135BB56B2C58AE14E42\">\n <enum>\n (1)\n </enum>\n <text>\n in section 100(b)(1) (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/720\">\n 29 U.S.C. 720(b)(1)\n </external-xref>\n ), by striking\n <quote>\n such sums as may be necessary for fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $3,121,712,000 for fiscal year 2014 and each of the 6 succeeding fiscal years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H41BF5ADB9D924EC09FFC4A8DB9BE518A\">\n <enum>\n (2)\n </enum>\n <text>\n in section 110(c) (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/730\">\n 29 U.S.C. 730(c)\n </external-xref>\n ), by amending paragraph (2) to read as follows:\n </text>\n <quoted-block id=\"HF193B23A39944357A722B6EBA86509F9\" style=\"OLC\">\n <paragraph id=\"H15DC50B27068408798BC7279FAE6F949\">\n <enum>\n (2)\n </enum>\n <text>\n The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1) for each of fiscal years 2014 through 2020.\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H6FECBACB60EE4963986601E1A62B1BFB\">\n <enum>\n (3)\n </enum>\n <text>\n in section 112(h) (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/732\">\n 29 U.S.C. 732(h)\n </external-xref>\n ) by striking\n <quote>\n such sums as may be necessary for fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $12,240,000 for fiscal year 2014 and each of the 6 succeeding fiscal years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HDBAD8F4AC61D4A3A8D88BD3277FB75F0\">\n <enum>\n (4)\n </enum>\n <text>\n by amending subsection (a) of section 201 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/761\">\n 29 U.S.C. 761(a)\n </external-xref>\n ) to read as follows:\n <quote>\n (a) There are authorized to be appropriated $108,817,000 for fiscal year 2014 and each of the 6 succeeding fiscal years to carry out this title.\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H32EEAF9DCF464A588A31C8B311CDD161\">\n <enum>\n (5)\n </enum>\n <text>\n in section 302(i) (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/772\">\n 29 U.S.C. 772(i)\n </external-xref>\n ) by striking\n <quote>\n such sums as may be necessary for each of the fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $35,515,000 for fiscal year 2014 and each of the 6 succeeding fiscal years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H7EE9242F08A0436E9C6E91402551CA4D\">\n <enum>\n (6)\n </enum>\n <text>\n in section 303(e) (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/773\">\n 29 U.S.C. 773(e)\n </external-xref>\n ) by striking\n <quote>\n such sums as may be necessary for each of the fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $5,325,000 for fiscal year 2014 and each of the 6 succeeding fiscal years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H772BBDF0AEF84F9296E5CAB29BFB0C11\">\n <enum>\n (7)\n </enum>\n <text>\n in section 405 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/785\">\n 29 U.S.C. 785\n </external-xref>\n ) by striking\n <quote>\n such sums as may be necessary for each of the fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $3,258,000 for fiscal year 2014 and each of the 6 succeeding fiscal years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H9EC50691F6794500B57913B30E0D3FF3\">\n <enum>\n (8)\n </enum>\n <text>\n in section 502(j) (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/792\">\n 29 U.S.C. 792(j)\n </external-xref>\n ) by striking\n <quote>\n such sums as may be necessary for each of the fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $7,400,000 for fiscal year 2014 and each of the 6 succeeding fiscal years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H40701351D205446D961930CC30E0C82E\">\n <enum>\n (9)\n </enum>\n <text>\n in section 509(l) (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/794e\">\n 29 U.S.C. 794e(l)\n </external-xref>\n ) by striking\n <quote>\n such sums as may be necessary for each of the fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $18,031,000 for fiscal year 2014 and each of the 6 succeeding fiscal years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H301E371B9FEB4881BD92078F2E850D2F\">\n <enum>\n (10)\n </enum>\n <text>\n in section 714 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/796e-3\">\n 29 U.S.C. 796e–3\n </external-xref>\n ), by striking\n <quote>\n such sums as may be necessary for each of the fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $23,359,000 for fiscal year 2014 and each of the 6 succeeding fiscal years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H57042D9A95894F25AF8F25A34679A21B\">\n <enum>\n (11)\n </enum>\n <text>\n in section 727 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/796f-6\">\n 29 U.S.C. 796f–6\n </external-xref>\n ), by striking\n <quote>\n such sums as may be necessary for each of the fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $79,953,000 for fiscal year 2014 and each of the 6 succeeding fiscal years\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HF80513C35F034A369893DCE96AA59209\">\n <enum>\n (12)\n </enum>\n <text>\n in section 753 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/29/7961\">\n 29 U.S.C. 7961\n </external-xref>\n ), by striking\n <quote>\n such sums as may be necessary for each of the fiscal years 1999 through 2003\n </quote>\n and inserting\n <quote>\n $34,018,000 for fiscal year 2014 and each of the 6 succeeding fiscal years\n </quote>\n .\n </text>\n </paragraph>\n </section>\n <section id=\"H1239E50202FA4E3898E46D0396700B37\">\n <enum>\n 514.\n </enum>\n <header>\n Conforming amendments\n </header>\n <text display-inline=\"no-display-inline\">\n Section 1(b) of the Rehabilitation Act of 1973 is amended—\n </text>\n <paragraph id=\"HF6399E65B91C45268AC88E05541BFBD9\">\n <enum>\n (1)\n </enum>\n <text>\n by inserting after the item relating to section 109 the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H22467C89AF43462CBF02A087FEC382BA\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 109A. Collaboration with industry.\n </toc-entry>\n </toc>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H0A5FD8109DA641608AEA6298B2230F67\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after the item relating to section 110 the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H94EE1209010F4E71A82EAD77857586C4\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 110A. Reservation for expanded transition services.\n </toc-entry>\n </toc>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph commented=\"no\" id=\"H56F66583CE564C7EA95E0D9E4BE3F1F0\">\n <enum>\n (3)\n </enum>\n <text>\n by striking the item related to section 304 and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HA66A436F1EC6444A9936266E4EDB64CE\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 304. Measuring of project outcomes and performance.\n </toc-entry>\n </toc>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H3E767912EDFD4DFF85D7F88FAFA1D113\">\n <enum>\n (4)\n </enum>\n <text>\n by striking the items related to sections 305 and 306; and\n </text>\n </paragraph>\n <paragraph id=\"HDB170CFF3A6241EA803E29ABDCBA2A47\">\n <enum>\n (5)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking the items related to title VI.\n </text>\n </paragraph>\n </section>\n \n \n \n \n March 12, 2013\n \n \n Reported from the\n \n Committee on Education and the Workforce\n \n with an amendment\n \n \n March 12, 2013\n \n \n The Committees on\n \n the Judiciary\n \n ,\n \n Agriculture\n \n ,\n \n Veterans' Affairs\n \n ,\n \n Energy and Commerce\n \n , and\n \n Transportation and Infrastructure\n \n discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed\n \n \n \n"},"tv_txt":{"kind":"string","value":"IB Union Calendar No. 9 113th CONGRESS 1st Session H. R. 803 [Report No. 113–14, Part I] IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Ms. Foxx (for herself, Mr. Kline , Mr. Roe of Tennessee , Mr. Rokita , Mr. McKeon , Mr. Marchant , Mr. Salmon , Mr. Guthrie , Mr. DesJarlais , Mr. Bucshon , Mr. Heck of Nevada , Mrs. Brooks of Indiana , Mr. Messer , Mrs. Ellmers , and Mr. Stivers ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on the Judiciary , Agriculture , Veterans’ Affairs , Energy and Commerce , and Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned March 12, 2013 Additional sponsors: Mrs. Roby , Mr. Poe of Texas , Mr. Hudson , Mr. Huelskamp , Mr. Walden , Mr. Radel , Mr. Griffin of Arkansas , Mr. Flores , and Mr. Kelly March 12, 2013 Reported from the Committee on Education and the Workforce with an amendment Strike out all after the enacting clause and insert the part printed in italic March 12, 2013 The Committees on the Judiciary , Agriculture , Veterans' Affairs , Energy and Commerce , and Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on February 25, 2013 A BILL To reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more competitive in the 21st century.\n\n1. Short title This Act may be cited as the Supporting Knowledge and Investing in Lifelong Skills Act or the SKILLS Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Effective date. Title I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998 Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 102. Purpose. Sec. 103. State workforce investment boards. Sec. 104. State plan. Sec. 105. Local workforce investment areas. Sec. 106. Local workforce investment boards. Sec. 107. Local plan. Sec. 108. Establishment of one-stop delivery system. Sec. 109. Identification of eligible providers of training services. Sec. 110. General authorization. Sec. 111. State allotments. Sec. 112. Within State allocations. Sec. 113. Use of funds for employment and training activities. Sec. 114. Performance accountability system. Sec. 115. Authorization of appropriations. Subtitle C—Job Corps Sec. 116. Job Corps purposes. Sec. 117. Job Corps definitions. Sec. 118. Individuals eligible for the Job Corps. Sec. 119. Recruitment, screening, selection, and assignment of enrollees. Sec. 120. Job Corps centers. Sec. 121. Program activities. Sec. 122. Counseling and job placement. Sec. 123. Support. Sec. 124. Operations. Sec. 125. Community participation. Sec. 126. Workforce councils. Sec. 127. Technical assistance. Sec. 128. Special provisions. Sec. 129. Performance accountability management. Subtitle D—National Programs Sec. 130. Technical assistance. Sec. 131. Evaluations. Subtitle E—Administration Sec. 132. Requirements and restrictions. Sec. 133. Prompt allocation of funds. Sec. 134. Fiscal controls; sanctions. Sec. 135. Reports to Congress. Sec. 136. Administrative provisions. Sec. 137. State legislative authority. Sec. 138. General program requirements. Sec. 139. Federal agency staff. Subtitle F—State unified plan Sec. 140. State unified plan. Title II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Amendment. Title III—AMENDMENTS TO THE WAGNER-PEYSER ACT Sec. 301. Amendments to the Wagner-Peyser Act. Title IV—REPEALS AND CONFORMING AMENDMENTS Sec. 401. Repeals. Sec. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Sec. 403. Amendments to the Food and Nutrition Act of 2008. Sec. 404. Amendments to section 412 of the Immigration and Nationality Act. Sec. 405. Amendments relating to the Second Chance Act of 2007. Sec. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968. Sec. 407. Conforming amendments to the United States Code. Sec. 408. Conforming amendment to table of contents. Title V—AMENDMENTS TO THE REHABILITATION ACT OF 1973 Sec. 501. Findings. Sec. 502. Rehabilitation services administration. Sec. 503. Definitions. Sec. 504. State plan. Sec. 505. Scope of services. Sec. 506. Standards and indicators. Sec. 507. Collaboration with industry. Sec. 508. Reservation for expanded transition services. Sec. 509. Client assistance program. Sec. 510. Title III amendments. Sec. 511. Repeal of title VI. Sec. 512. Chairperson. Sec. 513. Authorizations of appropriations. Sec. 514. Conforming amendments. 3. References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 ( 29 U.S.C. 9201 et seq. ). 4. Effective date Except as otherwise provided, this Act and the amendments made by this Act shall be effective with respect to fiscal year 2014 and succeeding fiscal years. I AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998 A Workforce Investment Definitions 101. Definitions Section 101 ( 29 U.S.C. 2801 ) is amended— (1) by striking paragraphs (13) and (24); (2) by redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14) through (23) as paragraphs (15) through (24), respectively; (3) by striking paragraphs (52) and (53); (4) by inserting after In this title: the following new paragraphs: (1) Accrued expenditures The term accrued expenditures means charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; services performed by employees, contractors, subgrantees, subcontractors, and other payees; and other amounts becoming owed under programs assisted under this title for which no current services or performance is required, such as annuities, insurance claims, and other benefit payments. (2) Administrative costs The term administrative costs means expenditures incurred by State and local workforce investment boards, direct recipients (including State grant recipients under subtitle B and recipients of awards under subtitles C and D), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under this title which are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and non-personnel and both direct and indirect. ; (5) in paragraph (3) (as so redesignated), by striking Except in sections 127 and 132, the and inserting The ; (6) by amending paragraph (5) (as so redesignated) to read as follows: (5) Area career and technical education school The term area career and technical education school has the meaning given the term in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302(3) ). ; (7) in paragraph (6) (as so redesignated), by inserting (or such other level as the Governor may establish) after 8th grade level ; (8) in paragraph (10)(C) (as so redesignated), by striking not less than 50 percent of the cost of the training and inserting a significant portion of the cost of training, as determined by the local board (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board determines to be appropriate ; (9) in paragraph (11) (as so redesignated)— (A) in subparagraph (A)(ii)(II), by striking section 134(c) and inserting section 121(e) ; (B) in subparagraph (B)(iii)— (i) by striking 134(d)(4) and inserting 134(c)(4) ; and (ii) by striking intensive services described in section 134(d)(3) and inserting work ready services described in section 117(d)(5)(C) ; (C) in subparagraph (C), by striking or after the semicolon; (D) in subparagraph (D), by striking the period and inserting ; or ; and (E) by adding at the end the following: (E) (i) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or (ii) is the spouse of a member of the Armed Forces on active duty who meets the criteria described in paragraph (12)(B). ; (10) in paragraph (12)(A) (as redesignated)— (A) by striking and after the semicolon and inserting or ; (B) by striking (A) and inserting (A)(i) ; and (C) by adding at the end the following: (ii) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; and ; (11) in paragraph (13) (as so redesignated), by inserting or regional after local each place it appears; (12) in paragraph (14) (as so redesignated)— (A) in subparagraph (A), by striking section 122(e)(3) and inserting section 122 ; (B) by striking subparagraph (B), and inserting the following: (B) work ready services, means a provider who is identified or awarded a contract as described in section 117(d)(5)(C); or ; (C) by striking subparagraph (C); and (D) by redesignating subparagraph (D) as subparagraph (C). (13) in paragraph (15) (as so redesignated), by striking adult or dislocated worker and inserting individual ; (14) in paragraph (25)— (A) in subparagraph (B), by striking higher of— and all that follows through clause (ii) and inserting poverty line for an equivalent period; ; (B) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and (C) by inserting after subparagraph (C) the following: (D) receives or is eligible to receive free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); ; (15) in paragraph (32), by striking the Republic of the Marshall Islands, the Federated States of Micronesia, ; (16) by amending paragraph (33) to read as follows: (33) Out-of-school youth The term out-of-school youth means— (A) an at-risk youth who is a school dropout; or (B) an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed. . (17) in paragraph (38), by striking 134(a)(1)(A) and inserting 134(a)(1)(B) ; (18) by amending paragraph (49) to read as follows: (49) Veteran The term veteran has the same meaning given the term in section 2108(1) of title 5, United States Code. ; (19) by amending paragraph (50) to read as follows: (50) Career and technical education The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). ; (20) in paragraph (51) by striking , and a youth activity ; and (21) by adding at the end the following: (52) At-risk youth Except as provided in subtitle C, the term at-risk youth means an individual who— (A) is not less than age 16 and not more than age 24; (B) is a low-income individual; and (C) is an individual who is one or more of the following: (i) a secondary school dropout; (ii) a youth in foster care (including youth aging out of foster care); (iii) a youth offender; (iv) a youth who is an individual with a disability; or (v) a migrant youth. (53) Industry or sector partnership The term industry or sector partnership means a partnership of a State or local board and one or more industries and other entities that have the capability to help the State or local board determine the immediate and long term skilled workforce needs of in-demand industries and other occupations important to the State or local economy, respectively. (54) Industry-recognized credential The term industry-recognized credential means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring. (55) Recognized postsecondary credential The term ‘recognized postsecondary credential’ means a credential awarded by a training provider or postsecondary educational institution based on completion of all requirements for a program of study, including coursework or tests or other performance evaluations. The term includes an industry-recognized credential, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree. (56) Pay-for-performance contract strategy The term pay-for-performance contract strategy means a strategy in which a contract to provide a program of employment and training activities incorporates— (A) the performance outcome described in subclauses (I) through (IV) of section 136(b)(2)(A)(i); (B) a fixed amount that will be paid to a provider of such employment and training activities for each program participant who achieves the agreed to levels of performance based upon the outcome measures described in subparagraph (A), within a defined timetable, and may include a bonus payment to such provider which may be used to expand the capacity of such provider; (C) the ability for a provider to recoup the costs of training a participant who has not met such outcome measures, but for whom the provider is able to demonstrate that such participant gained specific competencies required for education and career advancement that are, where feasible, tied to industry-recognized credentials and related standards, or State licensing requirements; and (D) the ability for a provider that does not meet the requirements under section 122(a)(2) to participate in such pay-for-performance contract and to not be required to report on the performance and cost information required under section 122(d). . B Statewide and Local Workforce Investment Systems 102. Purpose Section 106 ( 29 U.S.C. 2811 ) is amended by adding at the end the following: It is also the purpose of this subtitle to provide workforce investment activities in a manner that enhances employer engagement, promotes customer choices in the selection of training services, and ensures accountability in the use of the taxpayer funds. . 103. State workforce investment boards Section 111 ( 29 U.S.C. 2821 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B) (as so redesignated)— (I) by amending clause (i)(I), by striking section 117(b)(2)(A)(i) and inserting section 117(b)(2)(A) ; (II) by amending clause (i)(II) to read as follows: (II) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the State economy; and ; (III) by striking clause (iii) and inserting the following: (iii) a State agency official responsible for economic development; and ; (IV) by striking clauses (iv) through (vi); (V) by amending clause (vii) to read as follows: (vii) such other representatives and State agency officials as the Governor may designate, including— (I) members of the State legislature; (II) representatives of individuals and organizations that have experience with respect to youth activities; (III) representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community-based organizations within the State; (IV) representatives of the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners; or (V) representatives of veterans service organizations. ; and (VI) by redesignating clause (vii) (as so amended) as clause (iv); and (B) by amending paragraph (3) to read as follows: (3) Majority A 2/3 majority of the members of the board shall be representatives described in paragraph (1)(B)(i). ; (2) in subsection (c), by striking (b)(1)(C)(i) and inserting (b)(1)(B)(i) ; (3) by amending subsection (d) to read as follows: (d) Functions The State board shall assist the Governor of the State as follows: (1) State plan Consistent with section 112, develop a State plan. (2) Statewide workforce development system Review and develop statewide policies and programs in the State in a manner that supports a comprehensive Statewide workforce development system that will result in meeting the workforce needs of the State and its local areas. Such review shall include determining whether the State should consolidate additional programs into the Workforce Investment Fund in accordance with section 501(e). (3) Workforce and labor market information system Develop a statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act, which may include using existing information conducted by the State economic development entity or related entity in developing such system. (4) Employer engagement Develop strategies across local areas that meet the needs of employers and support economic growth in the State by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (5) Designation of local areas Designate local areas as required under section 116. (6) One-stop delivery system Identify and disseminate information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies. (7) Program oversight Conduct the following program oversight: (A) Reviewing and approving local plans under section 118. (B) Ensuring the appropriate use and management of the funds provided for State employment and training activities authorized under section 134. (C) Preparing an annual report to the Secretary described in section 136(d). (8) Development of performance measures Develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, as described under section 136(b). ; (4) by striking subsection (e) and redesignating subsection (f) as subsection (e); (5) in subsection (e) (as so redesignated), by inserting or participate in any action taken after vote ; (6) by inserting after subsection (e) (as so redesignated), the following: (f) Staff The State board may employ staff to assist in carrying out the functions described in subsection (d). ; and (7) in subsection (g), by inserting electronic means and after on a regular basis through . 104. State plan Section 112 ( 29 U.S.C. 2822 )— (1) in subsection (a)— (A) by striking 127 or ; and (B) by striking 5-year strategy and inserting 3-year strategy ; (2) in subsection (b)— (A) by amending paragraph (4) to read as follows: (4) information describing— (A) the economic conditions in the State; (B) the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy; (C) the knowledge and skills of the workforce in the State; and (D) workforce development activities (including education and training) in the State; ; (B) by amending paragraph (7) to read as follows: (7) a description of the State criteria for determining the eligibility of training providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training programs relate to occupations that are in-demand; ; (C) by amending paragraph (8) to read as follows: (8) (A) a description of the procedures that will be taken by the State to assure coordination of, and avoid duplication among, the programs and activities identified under section 501(b)(2); and (B) a description of common data collection and reporting processes used for the programs and activities described in subparagraph (A), which are carried out by one-stop partners, including— (i) assurances that such processes use quarterly wage records for performance measures described in section 136(b)(2)(A) that are applicable to such programs or activities; or (ii) if such wage records are not being used for the performance measures, an identification of the barriers to using such wage records and a description of how the State will address such barriers within one year of the approval of the plan; ; (D) in paragraph (9), by striking , including comment by representatives of businesses and representatives of labor organizations, ; (E) in paragraph (11), by striking under sections 127 and 132 and inserting under section 132 ; (F) by striking paragraph (12); (G) by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively; (H) in paragraph (12) (as so redesignated), by striking 111(f) and inserting 111(e) ; (I) in paragraph (13) (as so redesignated), by striking 134(c) and inserting 121(e) ; (J) in paragraph (14) (as so redesignated), by striking 116(a)(5) and inserting 116(a)(4) ; (K) in paragraph (16) (as so redesignated)— (i) in subparagraph (A)— (I) in clause (ii), by striking to dislocated workers ; (II) in clause (iii), by striking 134(d)(4) and inserting 134(c)(4) ; (III) by striking and at the end of clause (iii); (IV) by amending clause (iv) to read as follows: (iv) how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. )), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled and homeless veterans), and Native Americans; and ; and (V) by adding at the end the following new clause: (v) how the State will— (I) consistent with section 188 and Executive Order 13217 ( 42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and (II) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; ; and (ii) in subparagraph (B), by striking to the extent practicable and inserting in accordance with the requirements of the Jobs for Veterans Act ( Public Law 107–288 ) and the amendments made by such Act ; and (L) by striking paragraph (17) (as so redesignated) and inserting the following: (17) a description of the strategies and services that will be used in the State— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the State economy; (B) to meet the needs of employers in the State; and (C) to better coordinate workforce development programs with economic development activities; (18) a description of how the State board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; (B) to address the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the State economy, and (C) to address critical skill gaps within and across industries; (19) a description of how the State will utilize technology to facilitate access to services in remote areas, which may be used throughout the State; (20) a description of the State strategy and assistance to be provided for encouraging regional cooperation within the State and across State borders, as appropriate; (21) a description of the actions that will be taken by the State to foster communication, coordination, and partnerships with non-profit organizations (including public libraries, community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, to enhance the quality and comprehensiveness of services available to participants under this title; (22) a description of the process and methodology for determining— (A) one-stop partner program contributions for the cost of the infrastructure of one-stop centers under section 121(h)(1); and (B) the formula for allocating such infrastructure funds to local areas under section 121(h)(3); (23) a description of the strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the State and local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; and (24) a description of— (A) how the State will furnish employment, training, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the State to assist and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the State. ; (3) in subsection (c), by striking period, that— all that follows through paragraph (2) and inserting period, that the plan is inconsistent with the provisions of this title. ; and (4) in subsection (d), by striking 5-year and inserting 3-year . 105. Local workforce investment areas Section 116 ( 29 U.S.C. 2831 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) by striking Except as provided in subsection (b), and consistent with paragraphs (2), (3), and (4), in and inserting In ; and (II) by striking 127 or ; and (ii) by amending subparagraph (B) to read as follows: (B) Considerations In making the designation of local areas, the Governor shall take into consideration the following: (i) The extent to which such local areas are consistent with labor market areas. (ii) The extent to which labor market areas align with economic development regions. (iii) Whether such local areas have the appropriate education and training providers to meet the needs of the local workforce. (iv) The distance that individuals will need to travel to receive services provided in such local areas. ; (B) by amending paragraph (2) to read as follows: (2) Technical assistance The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1). ; (C) by striking paragraph (3) and inserting the following: (3) Designation on recommendation of state board The Governor may approve a request from any unit of general local government (including a combination of such units) for designation as a local area under paragraph (1) if the State board determines, taking into account the factors described in clauses (i) through (iv) of paragraph (1)(B), and recommends to the Governor, that such area shall be so designated. ; (D) by striking paragraph (4); and (E) by redesignating paragraph (5) as paragraph (4); (2) by amending subsection (b) to read as follows: (b) Single states Consistent with subsection (a)(1)(B), the Governor may designate a State as a single State local area for the purposes of this title. ; and (3) in subsection (c)— (A) in paragraph (1), by adding at the end the following: The State may require the local boards for the designated region to prepare a single regional plan that incorporates the elements of the local plan under section 118 and that is submitted and approved in lieu of separate local plans under such section. ; and (B) in paragraph (2), by striking employment statistics and inserting workforce and labor market information . 106. Local workforce investment boards Section 117 ( 29 U.S.C. 2832 ) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking include— and all that follows through representatives and inserting include representatives ; (II) by striking clauses (ii) through (vi); (III) by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively (and by moving the margins of such clauses 2 ems to the left); (IV) by striking clause (ii) (as so redesignated) and inserting the following: (ii) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the local economy; and ; and (V) by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting ; and ; and (ii) by amending subparagraph (B) to read as follows: (B) may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate, including— (i) a superintendent of the local secondary school system, the president or chief executive officer of a postsecondary educational institution (including a community college, where such an entity exists), or an administrator of local entities providing adult education and literacy activities; (ii) representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); or (iii) representatives of veterans service organizations. ; (B) in paragraph (4)— (i) by striking A majority and inserting A 2/3 majority ; and (ii) by striking (2)(A)(i) and inserting (2)(A) ; and (C) in paragraph (5) by striking (2)(A)(i) and inserting (2)(A) ; (2) by striking subsection (c)(1)(C); (3) by amending subsection (d) to read as follows: (d) Functions of local board The functions of the local board shall include the following: (1) Local plan Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor. (2) Workforce research and regional labor market analysis (A) In general The local board shall— (i) conduct, and regularly update, an analysis of— (I) the economic conditions in the local area; (II) the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy; (III) the knowledge and skills of the workforce in the local area; and (IV) workforce development activities (including education and training) in the local area; and (ii) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act. (B) Existing analysis A local board shall use existing analysis by the local economic development entity or related entity in order to carry out requirements of subparagraph (A)(i). (3) Employer engagement The local Board shall meet the needs of employers and support economic growth in the local area by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (4) Budget and administration (A) Budget (i) In general The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection. (ii) Training reservation In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(c)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve under this clause. (B) Administration (i) Grant recipient (I) In general The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under section 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability. (II) Designation In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I). (III) Disbursal The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board. (ii) Staff The local board may employ staff to assist in carrying out the functions described in this subsection. (iii) Grants and donations The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act. (5) Selection of operators and providers (A) Selection of one-stop operators Consistent with section 121(d), the local board, with the agreement of the chief elected official— (i) shall designate or certify one-stop operators as described in section 121(d)(2)(A); and (ii) may terminate for cause the eligibility of such operators. (B) Identification of eligible training service providers Consistent with this subtitle, the local board shall identify eligible providers of training services described in section 134(c)(4) in the local area, annually review the outcome of individual training providers using the criteria under section 122(b)(2), and designate providers in the local area who have demonstrated the highest level of success with respect to such indicators as priority providers for the following program year. (C) Identification of eligible providers of work ready services If the one-stop operator does not provide the services described in section 134(c)(2) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts. (6) Program oversight The local board, in partnership with the chief elected official, shall be responsible for— (A) ensuring the appropriate use and management of the funds provided for local employment and training activities authorized under section 134(b); and (B) conducting oversight of the one-stop delivery system in the local area authorized under section 121. (7) Negotiation of local performance measures The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c). (8) Technology improvements The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including in remote areas. ; (4) in subsection (e)— (A) by inserting electronic means and after regular basis through ; and (B) by striking and the award of grants or contracts to eligible providers of youth activities, ; (5) in subsection (f)— (A) in paragraph (1)(A), by striking section 134(d)(4) and inserting section 134(c)(4) ; and (B) by striking paragraph (2) and inserting the following: (2) Work ready services, designation, or certification as one-stop operators A local board may provide work ready services described in section 134(c)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor. ; (6) in subsection (g)(1), by inserting or participate in any action taken after vote ; and (7) by striking subsections (h) and (i). 107. Local plan Section 118 ( 29 U.S.C. 2833 ) is amended— (1) in subsection (a), by striking 5-year and inserting 3-year ; (2) by amending subsection (b) to read as follows: (b) Contents The local plan shall include— (1) a description of the analysis of the local area's economic and workforce conditions conducted under section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle; (2) a description of the one-stop delivery system in the local area, including— (A) a description of how the local board will ensure— (i) the continuous improvement of eligible providers of services through the system; and (ii) that such providers meet the employment needs of local businesses and participants; and (B) a description of how the local board will facilitate access to services provided through the one-stop delivery system consistent with section 117(d)(8); (3) a description of the strategies and services that will be used in the local area— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the local economy; (B) to meet the needs of employers in the local area; (C) to better coordinate workforce development programs with economic development activities; and (D) to better coordinate workforce development programs with employment, training, and literacy services carried out by nonprofit organizations, including public libraries, as appropriate; (4) a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; (B) to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the local economy; and (C) to address critical skill gaps within and across industries; (5) a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(c)(4); (6) a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide activities, as appropriate; (7) a description of how the local area will— (A) coordinate activities with the local area’s disability community and with services provided under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(A)(i)(VIII) ) by local educational agencies serving such local area to make available comprehensive, high-quality services to individuals with disabilities; (B) consistent with section 188 and Executive Order 13217 ( 42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and (C) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; (8) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be— (A) used to measure the performance of the local area; and (B) used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area; (9) a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan; (10) a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as the Supplemental Nutrition Assistance Program), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled veterans and homeless veterans), and Native Americans; (11) an identification of the entity responsible for the disbursal of grant funds described in subclause (III) of section 117(d)(4)(B)(i), as determined by the chief elected official or the Governor under such section; (12) a description of the strategies and services that will be used in the local area to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; (13) a description of— (A) how the local area will furnish employment, training, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the local area to assist and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the local area; (14) a description of— (A) the duties assigned to the veteran employment specialist consistent with the requirements of section 134(f); (B) the manner in which the veteran employment specialist is integrated into the One-Stop Career System described in section 121; (C) the date on which the veteran employment specialist was assigned; and (D) whether the veteran employment specialist has satisfactorily competed such training by the National Veterans' Employment and Training Services Institute; and (15) such other information as the Governor may require. ; (3) in subsection (c)(1), by striking such means and inserting electronic means such ; and (4) in subsection (c)(2), by striking , including representatives of business and representatives of labor organizations, . 108. Establishment of one-stop delivery system Section 121 ( 29 U.S.C. 2841 ) is amended— (1) in subsection (b)— (A) by striking subparagraph (A) of paragraph (1) and inserting the following: (A) Roles and responsibilities of one-stop partners Each entity that carries out a program or activities described in subparagraph (B) shall— (i) provide access through the one-stop delivery system to the program and activities carried out by the entity, including making the work ready services described in section 134(c)(2) that are applicable to the program of the entity available at one-stop centers (in addition to any other appropriate locations); (ii) use a portion of the funds available to the program of the entity to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) enter into a local memorandum of understanding with the local board relating to the operation of the one-stop delivery system that meets the requirements of subsection (c); and (iv) participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the programs carried out by the entity. ; (B) in paragraph (1)(B)— (i) by striking clauses (ii), (v), and (vi); (ii) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; (iii) by redesignating clauses (vii) through (xii) as clauses (iv) through (ix), respectively; (iv) in clause (viii), as so redesignated, by striking and at the end; (v) in clause (ix), as so redesignated, by striking the period and inserting ; and ; and (vi) by adding at the end the following: (x) subject to subparagraph (C), programs authorized under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). ; (C) by inserting after paragraph (1)(B) the following: (C) Determination by the governor Each entity carrying out a program described in subparagraph (B)(x) shall carry out the required partner activities described in subparagraph (A) unless the Governor of the State in which the local area is located provides the Secretary and Secretary of Health and Human Services written notice of a determination by the Governor that such entities shall not carry out such required partner activities. ; and (D) in paragraph (2)— (i) in subparagraph (A)(i), by striking section 134(d)(2) and inserting section 134(c)(2) ; and (ii) in subparagraph (B)— (I) by striking clauses (i), (ii), and (v); (II) in clause (iv), by striking and at the end; (III) by redesignating clauses (iii) and (iv) as clauses (i) and (ii), respectively; and (IV) by adding at the end the following: (iii) employment and training programs administered by the Commissioner of the Social Security Administration; (iv) employment and training programs carried out by the Administrator of the Small Business Administration; (v) employment, training, and literacy services carried out by public libraries; and (vi) other appropriate Federal, State, or local programs, including programs in the private sector. ; (2) in subsection (c)(2), by amending subparagraph (A) to read as follows: (A) provisions describing— (i) the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated through such system; (ii) how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for nontraditional employment; and (iv) the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and ; (3) in subsection (d)— (A) in the heading for paragraph (1), by striking Designation and certification and inserting Local designation and certification ; (B) in paragraph (2)— (i) by striking section 134(c) and inserting subsection (e) ; (ii) by amending subparagraph (A) to read as follows: (A) shall be designated or certified as a one-stop operator through a competitive process; and ; and (iii) in subparagraph (B), by striking clause (ii) and redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and (C) in paragraph (3), by striking vocational and inserting career and technical ; (4) by amending subsection (e) to read as follows: (e) Establishment of one-Stop delivery system (1) In general There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall— (A) provide the work ready services described in section 134(c)(2); (B) provide access to training services as described in section 134(c)(4), including serving as the point of access to career enhancement accounts for training services to participants in accordance with paragraph (4)(F) of such section; (C) provide access to the activities carried out under section 134(d), if any; (D) provide access to programs and activities carried out by one-stop partners that are described in subsection (b) of this section; and (E) provide access to the information described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) ). (2) One-stop delivery At a minimum, the one-stop delivery system— (A) shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than one physical center in each local area of the State; and (B) may also make programs, services, and activities described in paragraph (1) available— (i) through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and (ii) through a network of eligible one-stop partners— (I) in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically- or technologically-linked access point; and (II) that assures individuals that information on the availability of the work ready services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I). (3) Specialized centers The centers and sites described in paragraph (2) may have a specialization in addressing special needs. ; and (5) by adding at the end the following: (g) Certification of one-Stop centers (1) In general (A) In general The State board shall establish objective procedures and criteria for certifying, at least once every 3 years, one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h). (B) Criteria The criteria for certification under this subsection shall include— (i) meeting all of the expected levels of performance for each of the core indicators of performance as outlined in the State plan under section 112; (ii) meeting minimum standards relating to the scope and degree of service integration achieved by the centers involving the programs provided by the one-stop partners; and (iii) meeting minimum standards relating to how the centers ensure that eligible providers meet the employment needs of local employers and participants. (C) Effect of certification One-stop centers certified under this subsection shall be eligible to receive the infrastructure grants authorized under subsection (h). (2) Local boards Consistent with the criteria developed by the State, the local board may develop additional criteria of higher standards to respond to local labor market and demographic conditions and trends. (h) One-Stop infrastructure funding (1) Partner contributions (A) Provision of funds Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in (b)(2)(B) for a fiscal year shall be provided to the Governor by such programs to carry out this subsection. (B) Determination of governor (i) In general Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers by each partner, the costs of administration for purposes not related to one-stop centers for each partner, and other relevant factors described in paragraph (3). (ii) Special rule In those States where the State constitution places policy-making authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title II of this Act and for postsecondary career education activities authorized under the Carl D. Perkins Career and Technical Education Act, the determination described in clause (i) with respect to such programs shall be made by the Governor with the appropriate entity or official with such independent policy-making authority. (iii) Appeal by one-stop partners The Governor shall establish a procedure for the one-stop partner administering a program described in subsection (b) to appeal a determination regarding the portion of funds to be contributed under this paragraph on the basis that such determination is inconsistent with the criteria described in the State plan or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal. (C) Limitations (i) Provision from administrative funds The funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the limitations with respect to the portion of funds under such programs that may be used for administration. (ii) Federal direct spending programs Programs that are Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c)(8) ) shall not, for purposes of this paragraph, be required to provide an amount in excess of the amount determined to be equivalent to the proportionate use of the one-stop centers by such programs in the State. (2) Allocation by governor From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph (3) for the purposes of assisting in paying the costs of the infrastructure of one-stop centers certified under subsection (g). (3) Allocation formula The State board shall develop a formula to be used by the Governor to allocate the funds described in paragraph (1). The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in the local area that have been certified, the population served by such centers, and the performance of such centers. (4) Costs of infrastructure For purposes of this subsection, the term costs of infrastructure means the nonpersonnel costs that are necessary for the general operation of a one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, and equipment (including assistive technology for individuals with disabilities). (i) Other funds (1) In general In addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), or the noncash resources available under such programs shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved including— (A) infrastructure costs that are in excess of the funds provided under subsection (h); (B) common costs that are in addition to the costs of infrastructure; and (C) the costs of the provision of work ready services applicable to each program. (2) Determination and guidance The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph (1) shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide guidance to facilitate the determination of appropriate allocation of the funds and noncash resources in local areas. . 109. Identification of eligible providers of training services Section 122 ( 29 U.S.C. 2842 ) is amended to read as follows: 122. Identification of eligible providers of training services (a) Eligibility (1) In general The Governor, after consultation with the State board, shall establish criteria and procedures regarding the eligibility of providers of training services described in section 134(c)(4) to receive funds provided under section 133(b) for the provision of such training services. (2) Providers Subject to the provisions of this section, to be eligible to receive the funds provided under section 133(b) for the provision of training services, the provider shall be— (A) a postsecondary educational institution that— (i) is eligible to receive Federal funds under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); and (ii) provides a program that leads to a recognized postsecondary credential; (B) an entity that carries out programs under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ); or (C) another public or private provider of a program of training services. (3) Inclusion in list of eligible providers A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be included on the list of eligible providers of training services described in subsection (d) for so long as the provider remains certified by the Secretary of Labor to carry out the programs described in paragraph (2)(B). (b) Criteria (1) In general The criteria established pursuant to subsection (a) shall take into account— (A) the performance of providers of training services with respect to the performance measures described in section 136 and other matters for which information is required under paragraph (2) and other appropriate measures of performance outcomes for those participants receiving training services under this subtitle; (B) whether the training programs of such providers relate to occupations that are in demand; (C) the need to ensure access to training services throughout the State, including in rural areas; (D) the ability of providers to offer programs that lead to a recognized postsecondary credential; (E) the information such providers are required to report to State agencies with respect to other Federal and State programs (other than the program carried out under this subtitle), including one-stop partner programs; and (F) such other factors as the Governor determines are appropriate. (2) Information The criteria established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State for purposes of carrying out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including— (A) information on recognized postsecondary credentials received by such participants; (B) information on costs of attendance for such participants; (C) information on the program completion rate for such participants; and (D) information on the performance of the provider with respect to the performance measures described in section 136 for such participants. (3) Renewal The criteria established by the Governor shall also provide for a review every 3 years and renewal of eligibility under this section for providers of training services. (4) Local criteria A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required under the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) to provide the services in the local area involved. (5) Limitation In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or eligible student in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (c) Procedures The procedures established under subsection (a) shall— (1) identify— (A) the application process for a provider of training services to become eligible to receive funds under section 133(b) for the provision of training services; and (B) the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria established under this section; and (2) establish a process for a provider of training services to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal. (d) Information To assist participants in choosing providers In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list or lists of providers determined eligible under this section in the State, including information provided under subsection (b)(2) with respect to such providers, is provided to the local boards in the State and is made available to such participants and to members of the public through the one-stop delivery system in the State. (e) Enforcement (1) In general The criteria and procedures established under this section shall provide the following: (A) Intentionally supplying inaccurate information Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services, or individual providing information on behalf of the provider, intentionally supplied inaccurate information under this section, the eligibility of such provider to receive funds under chapter 5 shall be terminated for a period of time that is not less than 2 years. (B) Substantial violations Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services substantially violated any requirement under this title, the eligibility of such provider to receive funds under the program involved shall be terminated for a period of time that is not less than 10 years. (C) Repayment A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 during a period of noncompliance described in such subparagraph. (2) Construction Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties. (f) Agreements with other states States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept career enhancement accounts provided in another State. (g) Recommendations In developing the criteria, procedures, and information required under this section, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State. (h) Opportunity To submit comments During the development of the criteria, procedures, requirements for information, and the list of eligible providers required under this section, the Governor shall provide an opportunity for interested members of the public to submit comments regarding such criteria, procedures, and information. (i) On-the-Job training or customized training exception (1) In general Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (d). (2) Collection and dissemination of information A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services. . 110. General authorization Chapter 5 of subtitle B of title I is amended— (1) by striking the heading for chapter 5 and inserting the following: Employment and training activities ; and (2) in section 131 ( 29 U.S.C. 2861 )— (A) by striking paragraphs (1)(B) and (2)(B) of ; and (B) by striking adults, and dislocated workers, and inserting individuals . 111. State allotments Section 132 ( 29 U.S.C. 2862 ) is amended— (1) by amending subsection (a) to read as follows: (a) In general The Secretary shall— (1) reserve ½ of 1 percent of the total amount appropriated under section 137 for a fiscal year, of which— (A) 50 percent shall be used to provide technical assistance under section 170; and (B) 50 percent shall be used for evaluations under section 172; (2) reserve not more than 1 percent of the total amount appropriated under section 137 for a fiscal year to make grants to, and enter into contracts or cooperative agreements with Indian tribes, tribal organizations, Alaska-Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out employment and training activities; (3) reserve not more than 25 percent of the total amount appropriated under section 137 for a fiscal year to carry out the Jobs Corps program under subtitle C; (4) reserve not more than 3.5 percent of the total amount appropriated under section 137 for a fiscal year to— (A) make grants to State or local boards to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; and (B) provide assistance to Governors of States with an area that has suffered an emergency or a major disaster (as such terms are defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )) to provide disaster relief employment in the area. (5) from the remaining amount appropriated under section 137 for a fiscal year (after reserving funds under paragraphs (1) through (4)), make allotments in accordance with subsection (b) of this section. ; and (2) by amending subsection (b) to read as follows: (b) Workforce investment fund (1) Reservation for outlying areas (A) In general From the amount made available under subsection (a)(5) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent to provide assistance to the outlying areas. (B) Restriction The Republic of Palau shall cease to be eligible to receive funding under this subparagraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 ( Public Law 99–658 )) after the date of enactment of the SKILLS Act. (2) States (A) In general After determining the amount to be reserved under paragraph (1), the Secretary shall allot the remainder of the amount referred to in subsection (a)(5) for a fiscal year to the States pursuant to subparagraph (B) for employment and training activities and statewide workforce investment activities. (B) Formula Subject to subparagraphs (C) and (D) , of the remainder— (i) 25 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (ii) 25 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States; (iii) 25 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more; and (iv) 25 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States. (C) Minimum and maximum percentages (i) Minimum percentage The Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2014 through 2016, that is less than 100 percent of the allotment percentage of the State for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year. (ii) Maximum percentage Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2014 through 2016, that is more than 130 percent of the allotment percentage of the State for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year. (D) Small state minimum allotment Subject to subparagraph (C) , the Secretary shall ensure that no State shall receive an allotment under this paragraph for a fiscal year that is less than 1/5 of 1 percent of the remainder described in subparagraph (A) for the fiscal year. (E) Definitions For the purpose of the formula specified in this paragraph: (i) Allotment percentage The term allotment percentage — (I) used with respect to fiscal year 2012, means the percentage of the amounts allotted to States under title I of this Act, title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ), the Women in Apprenticeship and Nontraditional Occupations Act ( 29 U.S.C. 2501 et seq. ), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the State involved for fiscal year 2012; and (II) used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allotted to States under this paragraph for the fiscal year that is received under this paragraph by the State involved for the fiscal year. (ii) Disadvantaged youth The term disadvantaged youth means an individual who is not less than age 16 and not more than age 24 who receives an income, or is a member of a family that received a total family income, that in relation to family size, does not exceed the higher of— (I) the poverty line; or (II) 70 percent of the lower living standard income level. (iii) Individual The term individual means an individual who is age 16 or older. . 112. Within State allocations Section 133 is amended— (1) by amending subsection (a) to read as follows: (a) Reservations for Statewide workforce investment activities (1) Statewide employment and training activities The Governor of a State shall reserve up to 15 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out the statewide activities described in section 134(a). (2) Statewide rapid response activities Of the amount reserved under paragraph (1) for a fiscal year, the Governor of the State shall reserve not more than 25 percent for statewide rapid response activities described in section 134(a)(4). (3) Statewide grants for individuals with barriers to employment Of the amount reserved under paragraph (1) for a fiscal year, the Governor of a State shall reserve 15 percent to carry out statewide activities described in section 134(a)(5). (4) State administrative cost limit Not more than 5 percent of the funds reserved under paragraph (1) may be used by the Governor of a State for administrative costs of carrying out the statewide activities described in section 134(a). ; (2) by amending subsection (b) to read as follows: (b) Within state allocation (1) Methods The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas, shall— (A) allocate the funds that are allotted to the State for employment and training activities and not reserved under subsection (a), in accordance with paragraph (2)(A); and (B) award the funds that are reserved by the State under subsection (a)(3) through competitive grants to eligible entities, in accordance with section 134(a)(1)(C). (2) Formula allocations for the workforce investment fund (A) Allocation In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate— (i) 25 percent on the basis described in section 132(b)(2)(B)(i); (ii) 25 percent on the basis described in section 132(b)(2)(B)(ii); (iii) 25 percent on the basis described in section 132(b)(2)(B)(iii); and (iv) 25 percent on the basis described in section 132(b)(2)(B)(iv). (B) Minimum and maximum percentages (i) Minimum percentage The State shall ensure that no local area shall receive an allocation under this paragraph for— (I) each of fiscal years 2014 through 2016, that is less than 100 percent of the allocation percentage of the local area for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allocation percentage of the local area for the preceding fiscal year. (ii) Maximum percentage Subject to clause (i) , the State shall ensure that no local area shall receive an allocation for a fiscal year under this paragraph for— (I) each of fiscal years 2014 through 2016, that is more than 130 percent of the allocation percentage of the local area for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is more than 130 percentage of the allocation percentage of the local area for the preceding fiscal year. (C) Definitions For the purpose of the formula specified in this paragraph, the term allocation percentage — (i) used with respect to fiscal year 2012, means the percentage of the amounts allocated to local areas under title I of this Act, title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ), the Women in Apprenticeship and Nontraditional Occupations Act ( 29 U.S.C. 2501 et seq. ), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the local area involved for fiscal year 2012; and (ii) used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allocated to local areas for the fiscal year under this paragraph that is received under this paragraph by the local area involved for the fiscal year. ; (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general The Governor, may in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation. ; (B) in paragraph (2), by striking paragraph (2)(A) or (3) of subsection (b) for such activities and inserting subsection (b) for such activities ; (C) by amending paragraph (3) to read as follows: (3) Reallocations In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(2) for such activities for such prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(2) for such activities for such prior program year. ; and (D) in paragraph (4), by striking paragraph (2)(A) or (3) of ; and (4) by adding at the end the following new subsection: (d) Local administrative cost limit Of the amounts allocated to a local area under this section for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities in the local area under this chapter. . 113. Use of funds for employment and training activities Section 134 is amended— (1) by amending subsection (a) to read as follows: (a) Statewide Employment and Training Activities (1) In general (A) Distribution of statewide activities Funds reserved by a Governor for a State as described in section 133(a)(1)— (i) shall be used to carry out the statewide employment and training activities described in paragraph (2); and (ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3). (B) Statewide rapid response activities Funds reserved by a Governor for a State as described in section 133(a)(2) shall be used to carry out the statewide rapid response activities described in paragraph (4). (C) Statewide grants for individuals with barriers to employment Funds reserved by a Governor for a State as described in section 133(a)(3) shall be used to carry out the Statewide Grants for Individuals with Barriers to Employment competition described in paragraph (5). (2) Required Statewide employment and training activities A State shall use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities, which shall include— (A) disseminating the State list of eligible providers of training described in section 122(d), information identifying eligible providers of on-the-job training and customized training described in section 122(i), and performance information and program cost information described in section 122(b)(2); (B) supporting the provision of work ready services described in subsection (c)(2) in the one-stop delivery system; (C) implementing strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, recognized postsecondary credentials, and employment experience to succeed in the labor market; (D) conducting evaluations under section 136(e) of activities authorized under this chapter in coordination with evaluations carried out by the Secretary under section 172; (E) providing technical assistance to local areas that fail to meet local performance measures; (F) operating a fiscal and management accountability system under section 136(f); and (G) carrying out monitoring and oversight of activities carried out under this chapter. (3) Allowable statewide employment and training activities A State may use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities which may include— (A) implementing innovative programs and strategies designed to meet the needs of all employers in the State, including small employers, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnerships, career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title; (B) providing incentive grants to local areas for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)), for local coordination of activities carried out under this Act, and for exemplary performance by local areas on the local performance measures; (C) developing strategies for effectively integrating programs and services among one-stop partners; (D) carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; (E) incorporating pay-for-performance contracting strategies, as defined in section 101(56), as an element in funding activities under this section and providing technical support to local areas and providers in order to carry out such strategy, which may provide assistance with data collection and data entry requirements; (F) carrying out the State option under subsection (f)(8); and (G) carrying out other activities authorized under this section that the State determines to be necessary to assist local areas in carrying out activities described in subsection (c) or (d) through the statewide workforce investment system. (4) Statewide rapid response activities A State shall use funds reserved as described in section 133(a)(2) to carry out statewide rapid response activities, which shall include— (A) provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas; and (B) provision of additional assistance to local areas that experience disasters, mass layoffs or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas. (5) Statewide grants for individuals with barriers to employment (A) In general Of the funds reserved as described in section 133(a)(3), the Governor of a State— (i) may reserve up to 5 percent to provide technical assistance to, and conduct evaluations as described in section 136(e), of the programs and activities carried out under this paragraph; and (ii) using the remainder, shall award grants on a competitive basis to eligible entities described in subparagraph (B) to carry out employment and training programs authorized under this paragraph for individuals with barriers to employment that meet specific performance outcomes and criteria established by the Governor. (B) Eligible entity defined For purposes of this paragraph, the term eligible entity means an entity that— (i) is a— (I) local board or a consortium of local boards; (II) nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities; or (III) consortium of the entities described in subclauses (I) and (II); (ii) has a demonstrated record of placing individuals into unsubsidized employment and serving hard to serve individuals; and (iii) agrees to be reimbursed primarily on the basis of achievement of specified performance outcomes and criteria established by the Governor. (C) Grant period (i) In general A grant under this paragraph shall be awarded for a period of 1 year. (ii) Grant renewal A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph. (D) Eligible Participants To be eligible to participate in activities under this paragraph, an individual shall be a low-income individual age 16 or older or a member of a low-income family. (E) Use of Funds An eligible entity receiving a grant under this paragraph shall use such funds for activities that are designed to assist eligible participants in obtaining employment and acquiring the education and skills necessary to succeed in the labor market. (F) Applications To be eligible to receive a grant under this paragraph, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including— (i) a description of how the strategies and activities will be aligned with the State plan submitted under section 112 and the local plan submitted under section 118 with respect to the areas of the State that will be the focus of grant activities under this paragraph; (ii) a description of the educational and skills training programs and activities the eligible entity will provide to eligible participants under this paragraph; (iii) how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities; (iv) a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve the education and skills training for eligible participants; (v) a description of the populations to be served and the skill needs of those populations, and the manner in which eligible participants will be recruited and selected as participants; (vi) a description of the private, public, local, and State resources that will be leveraged, in addition to the grant funds provided for the programs and activities under this paragraph, and how the entity will ensure the sustainability of such programs and activities after grant funds are no longer available; (vii) a description of the extent of the involvement of employers in such programs and activities; (viii) a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for all individuals specified in section in 136(b)(2); (ix) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures that will be used to ensure fiscal soundness for the programs and activities provided under this paragraph; and (x) any other criteria the Governor may require. ; (2) by amending subsection (b) to read as follows: (b) Local employment and training activities Funds allocated to a local area under section 133(b)— (1) shall be used to carry out employment and training activities described in subsection (c); and (2) may be used to carry out employment and training activities described in subsection (d). ; (3) by striking subsection (c); (4) by redesignating subsections (d) and (e), as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) In general Funds allocated to a local area under section 133(b) shall be used— (A) to establish a one-stop delivery system as described in section 121(e); (B) to provide the work ready services described in paragraph (2) through the one-stop delivery system in accordance with such paragraph; and (C) to provide training services described in paragraph (4) in accordance with such paragraph. ; (B) in paragraph (2)— (i) in the heading, by striking Core services and inserting Work ready services ; (ii) in the matter preceding subparagraph (A)— (I) by striking (1)(A) and inserting (1)(B) ; (II) by striking core services and inserting work ready services ; and (III) by striking who are adults or dislocated workers ; (iii) by redesignating subparagraph (K) as subparagraph (V); (iv) by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively; (v) by inserting after subparagraph (A) the following: (B) assistance in obtaining eligibility determinations under the other one-stop partner programs through activities, where appropriate and consistent with the authorizing statute of the one-stop partner program, such as assisting in the submission of applications, the provision of information on the results of such applications, and the provision of intake services and information; ; (vi) by amending subparagraph (E), as so redesignated, to read as follows: (E) labor exchange services, including— (i) job search and placement assistance, and where appropriate, career counseling; (ii) appropriate recruitment services for employers, including small employers, in the local area, which may include services described in this subsection, including information and referral to specialized business services not traditionally offered through the one-stop delivery system; and (iii) reemployment services provided to unemployment claimants, including claimants identified as in need of such services under the worker profiling system established under section 303(j) of the Social Security Act ( 42 U.S.C. 503(j) ); ; (vii) in subparagraph (F), as so redesignated, by striking employment statistics and inserting workforce and labor market ; (viii) in subparagraph (G), as so redesignated, by striking and eligible providers of youth activities described in section 123, ; (ix) in subparagraph (H), as so redesignated, by inserting under section 136 after local performance measures ; (x) in subparagraph (J), as so redesignated, by inserting and the administration of the work test for the unemployment compensation system after compensation ; (xi) by amending subparagraph (K), as so redesignated, to read as follows: (K) assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act and are available in the local area; ; and (xii) by inserting the following new subparagraphs after subparagraph (K), as so redesignated: (L) the provision of information from official publications of the Internal Revenue Service regarding Federal tax credits available to individuals relating to education, job training and employment; (M) comprehensive and specialized assessments of the skill levels and service needs of workers, which may include— (i) diagnostic testing and use of other assessment tools; and (ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; (N) development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant; (O) group counseling; (P) individual counseling and career planning; (Q) case management; (R) short-term pre-career services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training; (S) internships and work experience; (T) literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if such activities are not available to participants in the local area under programs administered under the Adult Education and Family Literacy Act ( 20 U.S.C. 2901 et seq. ); (U) out-of-area job search assistance and relocation assistance; and ; and (C) by amending paragraph (3) to read as follows: (3) Delivery of services The work ready services described in paragraph (2) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board. ; (D) in paragraph (4)— (i) by amending subparagraph (A) to read as follows: (A) In general Funds described in paragraph (1)(C) shall be used to provide training services to individuals who— (i) after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to— (I) be in need of training services to obtain or retain employment; and (II) have the skills and qualifications to successfully participate in the selected program of training services; (ii) select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the individual receiving such services are willing to commute or relocate; and (iii) who meet the requirements of subparagraph (B); ; and (ii) in subparagraph (B)(i), by striking Except and inserting Notwithstanding section 479B of the Higher Education Act of 1965 ( 20 U.S.C. 1087uu ) and except ; (iii) by amending subparagraph (D) to read as follows: (D) Training services Training services authorized under this paragraph may include— (i) occupational skills training; (ii) on-the-job training; (iii) skill upgrading and retraining; (iv) entrepreneurial training; (v) education activities leading to a regular secondary school diploma or its recognized equivalent in combination with, concurrently or subsequently, occupational skills training; (vi) adult education and literacy activities provided in conjunction with other training authorized under this subparagraph; (vii) workplace training combined with related instruction; (viii) occupational skills training that incorporates English language acquisition; (ix) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; and (x) training programs operated by the private sector. ; (iv) by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and (v) in subparagraph (E) (as so redesignated)— (I) in clause (ii)— (aa) in the matter preceding subclause (I), by striking subsection (c) and inserting section 121 ; (bb) in subclause (I), by striking section 122(e) and inserting section 122(d) and by striking section 122(h) and inserting section 122(i) ; and (cc) in subclause (II), by striking subsections (e) and (h) and inserting subsection (i) ; and (II) by striking clause (iii) and inserting the following: (iii) Career enhancement accounts An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through a career enhancement account. (iv) Coordination Each local board may, through one-stop centers, coordinate career enhancement accounts with other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services. (v) Assistance Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts in obtaining funds (in addition to the funds provided under this section) from other programs and sources that will assist the individual in obtaining training services. ; and (vi) in subparagraph (F) (as so redesignated)— (I) in the subparagraph heading, by striking individual training accounts and inserting career enhancement accounts ; (II) in clause (i) by striking individual training accounts and inserting career enhancement accounts ; (III) in clause (ii)— (aa) by striking an individual training account and inserting a career enhancement account ; (bb) by striking subparagraph (F) and inserting subparagraph (E) ; (cc) in subclause (II), by striking individual training accounts and inserting career enhancement accounts ; (dd) in subclause (II) by striking or after the semicolon; (ee) in subclause (III) by striking the period and inserting ; or ; and (ff) by adding at the end the following: (IV) the local board determines that it would be most appropriate to award a contract to an institution of higher education that has been identified as a priority provider under section 117(d)(5)(B) in order to facilitate the training of multiple individuals in in-demand sectors or occupations, and which may be used to enable the expansion of programs provided by a priority provider, if such contract does not limit customer choice. ; (IV) in clause (iii), by striking adult or dislocated worker and inserting individual ; and (V) in clause (iv)— (aa) by redesignating subclause (IV) as subclause (V) and inserting after subclause (III) the following: (IV) Individuals with disabilities. ; (6) in subsection (d) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) Discretionary one-stop delivery activities (A) In general Funds allocated to a local area under section 133(b)(2) may be used to provide, through the one-stop delivery system— (i) customized screening and referral of qualified participants in training services to employers; (ii) customized employment-related services to employers on a fee-for-service basis; (iii) customer supports, including transportation and childcare, to navigate among multiple services and activities for special participant populations that face multiple barriers to employment, including individuals with disabilities; (iv) employment and training assistance provided in coordination with child support enforcement activities of the State agency carrying out subtitle D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ); (v) incorporating pay-for-performance contract strategies, as defined in section 101(56), as an element in funding activities under this section; (vi) activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and (vii) activities to carry out business services and strategies that meet the workforce investment needs of local area employers, as determined by the local board, consistent with the local plan under section 118. . (B) by striking paragraphs (2) and (3); and (C) by adding at the end the following: (2) Incumbent worker training programs (A) In general The local board may use funds allocated to a local area under section 133(b)(2) to carry out incumbent worker training programs in accordance with this paragraph. (B) Training activities The training programs for incumbent workers under this paragraph shall be carried out by the local area in conjunction with the employers of such workers for the purpose of assisting such workers in obtaining the skills necessary to retain employment and avert layoffs. (C) Employer match required (i) In general Employers participating in programs under this paragraph shall be required to pay a proportion of the costs of providing the training to the incumbent workers of the employers. The local board shall establish the required portion of such costs, which may include in-kind contributions. (ii) Calculation of match The wages paid by an employer to a worker while they are attending training may be included as part of the required payment of the employer. ; and (7) by adding at the end the following: (e) Priority for Placement in Private Sector Jobs In providing employment and training activities authorized under this section, the State and local board shall give priority to placing participants in jobs in the private sector. (f) Veteran employment specialist (1) In general Subject to paragraph (8), a local board shall hire and employ one or more veteran employment specialist to carry out employment, training, and placement services under this subsection in the local area served by the local board. (2) Principal duties A veteran employment specialist in a local area shall— (A) conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including— (i) conducting seminars for employers; and (ii) in conjunction with employers, conducting job search workshops, and establishing job search groups; and (B) facilitate employment, training, supportive, and placement services furnished to veterans, including disabled and homeless veterans, in the local area. (3) Hiring preference for veterans and individuals with expertise in serving veterans Subject to paragraph (8), a local board shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to carry out the services described in paragraph (2) in the local area served by the local board. In hiring an individual to serve as a veteran employment specialist, a local board shall give preference to veterans and other individuals in the following order: (A) To service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to veterans. (C) If no veteran described in subparagraph (A) or (B) is available, to any member of the Armed Forces transitioning out of military service. (D) If no veteran described in subparagraph (A), (B), or (C) is available, to any spouse of a veteran or a spouse of a member of the Armed Forces transitioning out of military service. (E) If no veteran described in subparagraph (A), (B), or (C) is available and no spouse described in paragraph (D) is available, to any other individuals with expertise in serving veterans. (4) Administration and reporting (A) In general Each veteran employment specialist shall be administratively responsible to the manager of the one-stop delivery center in the local area and shall provide, at a minimum, quarterly reports to the manager of such center and to the Director for Veterans’ Employment and Training for the State on the performance and compliance by the specialist with Federal law and regulations with respect to the— (i) principal duties and special services for veterans described in paragraph (2); and (ii) hiring preferences described in paragraph (3) for veterans and individuals with expertise in serving veterans. (B) Report to Secretary Each State shall submit to the Secretary an annual report on the qualifications used by the local board in making hiring determinations for a veteran employment specialist and the salary structure under which such specialist is compensated. (C) Report to Congress The Secretary shall submit to the Committee on Education and the Workforce and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the Senate an annual report summarizing the reports submitted under subparagraph (B), including summaries of outcomes achieved by participating veterans disaggregated by local areas. (5) Part-time employees A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this subsection on a halftime basis. (6) Training requirements Each veteran employment specialist described in paragraph (2) shall satisfactorily complete training provided by the National Veterans' Employment and Training Institute during the three-year period that begins on the date on which the employee is so assigned. (7) Specialist’s duties A full-time veteran employment specialist shall perform only duties related to the employment, training, supportive, and placement services under this subsection, and shall not perform other non-veteran-related duties if such duties detract from the specialist’s ability to perform the specialist's duties related to employment, training, and placement services under this subsection. (8) State option At the request of a local board, a State may assume the duties assigned to the local board under paragraphs (1) and (3), including the hiring and employment of one or more veteran employment specialist for placement in the local area served by the local board. . 114. Performance accountability system Section 136 ( 29 U.S.C. 2871 ) is amended— (1) in subsection (b)— (A) by amending paragraphs (1) and (2) to read as follows: (1) In general For each State, the State performance measures shall consist of— (A) (i) the core indicators of performance described in paragraph (2)(A); and (ii) additional indicators of performance (if any) identified by the State under paragraph (2)(B); and (B) a State adjusted level of performance for each indicator described in subparagraph (A). (2) Indicators of performance (A) Core indicators of performance (i) In general The core indicators of performance for the program of employment and training activities authorized under sections 132(a)(2) and 134, the program of adult education and literacy activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741), shall consist of the following indicators of performance, each disaggregated by the populations identified in the State and local plans: (I) The percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program. (II) The percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program. (III) The median earnings of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program compared to the median earnings of such participants prior to the training received under such program. (IV) The percentage and number of program participants who obtain a recognized postsecondary credential, a registered apprenticeship, an industry-recognized credential, or a regular secondary school diploma or its recognized equivalent (subject to clause (ii)), during participation in or within 1 year after exit from program. (V) The percentage and number of program participants who, during a program year— (aa) are in an education or training program that leads to a recognized postsecondary credential, a registered apprenticeship or on-the-job training program, an industry-recognized credential, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; and (bb) are achieving measurable basic skill gains toward such a credential or employment. (VI) The percentage and number of program participants who obtain unsubsidized employment in the field relating to the training services described in section 134(c)(4) that such participants received. (ii) Indicator relating to credential For purposes of clause (i)(IV), program participants who obtain a regular secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have, within 1 year after exit from the program, obtained or retained employment, have been removed from public assistance, or are in an education or training program leading to a recognized postsecondary credential. (B) Additional indicators A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle. ; and (B) in paragraph (3)— (i) in subparagraph (A)— (I) in the heading, by striking and customer satisfaction indicator ; (II) in clause (i), by striking and the customer satisfaction indicator described in paragraph (2)(B) ; (III) in clause (ii), by striking and the customer satisfaction indicator of performance, for the first 3 and inserting , for all 3 ; (IV) in clause (iii)— (aa) in the heading, by striking for first 3 years ; and (bb) by striking and the customer satisfaction indicator of performance, for the first 3 program years and inserting for all 3 program years ; (V) in clause (iv)— (aa) by striking or (v) ; (bb) by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and (cc) in subclause (I) (as so redesignated)— (AA) by striking taking into account and inserting which shall be adjusted based on ; (BB) by inserting , such as unemployment rates and job losses or gains in particular industries after economic conditions ; and (CC) by inserting , such as indicators of poor work experience, dislocation from high-wage employment, low levels of literacy or English proficiency, disability status, including the number of veterans with disabilities, and welfare dependency after program ; (VI) by striking clause (v) and redesignating clause (vi) as clause (v); and (VII) in clause (v) (as so redesignated), (aa) by striking described in clause (iv)(II) and inserting described in clause (iv)(I) ; and (bb) by striking or (v) ; and (ii) in subparagraph (B), by striking paragraph (2)(C) and inserting paragraph (2)(B) ; (2) in subsection (c)(1)(A)— (A) by amending clause (i) to read as follows: (i) the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsections, other than statewide workforce investment activities; and ; (B) in clause (ii), by striking (b)(2)(C) and inserting (b)(2)(B) ; and (C) by amending paragraph (3) to read as follows: (3) Determinations In determining such local levels of performance, the local board, the chief elected official, and the Governor shall ensure such levels are adjusted based on the specific economic characteristics (such as unemployment rates and job losses or gains in particular industries), demographic characteristics, or other characteristics of the population to be served in the local area. ; (3) in subsection (d)— (A) in paragraph (1)— (i) by striking 127 or ; (ii) by striking and the customer satisfaction indicator each place it appears; and (iii) in the last sentence, by inserting before the period the following: , and on the amount and percentage of the State’s annual allotment under section 132 the State spends on administrative costs and on the amount and percentage of its annual allocation under section 133 each local area in the State spends on administrative costs ; (B) in paragraph (2)— (i) by striking subparagraphs (A), (B), and (D); (ii) by redesignating subparagraph (C) as subparagraph (A); (iii) by redesignating subparagraph (E) as subparagraph (B); (iv) in subparagraph (B), as so redesignated— (I) by striking (excluding participants who received only self-service and informational activities) ; and (II) by striking and at the end; (v) by striking subparagraph (F); (vi) by adding at the end the following: (C) with respect to each local area in the State— (i) the number of individuals who received work ready services described under section 134(c)(2) and the number of individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, where the individuals received the training, disaggregated by the type of entity that provided the training, and the amount of funds spent on each type of service; (ii) the number of individuals who successfully exited out of work ready services described under section 134(c)(2) and the number of individuals who exited out of training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and (iii) the average cost per participant of those individuals who received work ready services described under section 134(c)(2) and the average cost per participant of those individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and (E) the amount of funds spent on training services and discretionary one-stop delivery activities, disaggregated by the populations identified in the State and local plans. ; (C) in paragraph (3)(A), by striking through publication and inserting through electronic means ; and (D) by adding at the end the following: (4) Data validation In preparing the reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, to ensure the information contained in the report is valid and reliable. (5) State and local policies (A) State policies Each State that receives an allotment under section 132 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the State board and make such repository available to the public, including by electronic means. (B) Local policies Each local area that receives an allotment under section 133 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the local board and make such repository available to the public, including by electronic means. ; (4) in subsection (g)— (A) in paragraph (1)(A), by striking or (B) ; (B) in paragraph (1)(B), by striking may reduce by not more than 5 percent, and inserting shall reduce ; and (C) by striking paragraph (2) and inserting the following: (2) Funds resulting from reduced allotments The Secretary shall return to the Treasury the amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B). ; (5) in subsection (h)(1), by striking or (B) ; (6) in subsection (h)(2)— (A) in subparagraph (A), by amending the matter preceding clause (i) to read as follows: (A) In general If such failure continues for a second consecutive year, the Governor shall take corrective actions, including the development of a reorganization plan. Such plan shall— ; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (C) by inserting after subparagraph (A), the following: (B) Reduction in the amount of grant If such failure continues for a third consecutive year, the Governor of a State shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance. ; (D) in subparagraph (C)(i) (as so redesignated), by striking a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan and inserting corrective actions under subparagraphs (A) and (B) may, not later than 30 days after receiving notice of the actions, appeal to the Governor to rescind or revise such actions ; and (E) in subparagraph (D) (as so redesignated), by striking subparagraph (B) each place it appears and inserting subparagraph (C) ; (7) in subsection (i)(1)(B), by striking subsection (b)(2)(C) and inserting subsection (b)(2)(B) ; (8) in subsection (i)(1)(C), by striking (b)(3)(A)(vi) and inserting (b)(3)(A)(v) ; (9) in subsection (i)(2), by striking the activities described in section 502 concerning ; (10) in subsection (i)(3), by striking described in paragraph (1) and in the activities described in section 502 and inserting and activities described in this subsection ; and (11) by adding at the end the following new subsections: (j) Use of core indicators for other programs In addition to the programs carried out under chapter 5, and consistent with the requirements of the applicable authorizing laws, the Secretary shall use the core indicators of performance described in subsection (b)(2)(A) to assess the effectiveness of the programs described under section 121(b)(1)(B) that are carried out by the Secretary. (k) Establishing pay-for-performance incentives (1) In general At the discretion of the Governor of a State, a State may establish an incentive system for local boards to implement pay-for-performance contract strategies for the delivery of employment and training services in the local areas served by the local boards. (2) Implementation A State that establishes a pay-for-performance incentive system shall reserve not more than 10 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to provide funds to local areas in the State whose local boards have implemented a pay-for-performance contract strategy. (3) Evaluations A State described in paragraph (2) shall use funds reserved by the State under section 133(a)(1) to evaluate the return on investment of pay-for-performance contract strategies implemented by local boards in the State. . 115. Authorization of appropriations Section 137 ( 29 U.S.C. 2872 ) is amended to read as follows: 137. Authorization of appropriations There are authorized to be appropriated to carry out the activities described in section 132, $6,245,318,000 for fiscal year 2014 and each of the 6 succeeding fiscal years. . C Job Corps 116. Job Corps purposes Paragraph (1) of section 141 ( 29 U.S.C. 2881(1) ) is amended to read as follows: (1) to maintain a national Job Corps program for at-risk youth, carried out in partnership with States and communities, to assist eligible youth to connect to the workforce by providing them with intensive academic, career and technical education, and service-learning opportunities, in residential and nonresidential centers, in order for such youth to obtain regular secondary school diplomas and recognized postsecondary credentials leading to successful careers in in-demand industries that will result in opportunities for advancement; . 117. Job Corps definitions Section 142 ( 29 U.S.C. 2882 ) is amended— (1) in paragraph (2)— (A) in the paragraph heading, by striking Applicable one-stop and inserting One-stop ; (B) by striking applicable ; (C) by striking customer service ; and (D) by striking intake and inserting assessment ; (2) in paragraph (4), by striking before completing the requirements and all that follows and inserting prior to becoming a graduate. ; and (3) in paragraph (5), by striking has completed the requirements and all that follows and inserting the following: who, as a result of participation in the Job Corps program, has received a regular secondary school diploma, completed the requirements of a career and technical education and training program, or received, or is making satisfactory progress (as defined under section 484(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(c) ) toward receiving, a recognized postsecondary credential, including an industry-recognized credential that prepares individuals for employment leading to economic self-sufficiency. . 118. Individuals eligible for the Job Corps Section 144 ( 29 U.S.C. 2884 ) is amended— (1) by amending paragraph (1) to read as follows: (1) not less than age 16 and not more than age 24 on the date of enrollment; ; (2) in paragraph (3)(B), by inserting secondary before school ; and (3) in paragraph (3)(E), by striking vocational and inserting career and technical education and . 119. Recruitment, screening, selection, and assignment of enrollees Section 145 ( 29 U.S.C. 2885 ) is amended— (1) in subsection (a)— (A) in paragraph (2)(C)(i) by striking vocational and inserting career and technical education and training ; and (B) in paragraph (3)— (i) by striking To the extent practicable, the and inserting The ; (ii) in subparagraph (A)— (I) by striking applicable ; and (II) by inserting and after the semicolon; (iii) by striking subparagraphs (B) and (C); and (iv) by adding at the end the following: (B) organizations that have a demonstrated record of effectiveness in placing at-risk youth into employment. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting and agrees to such rules after failure to observe the rules ; and (ii) by amending subparagraph (C) to read as follows: (C) the individual has passed a background check conducted in accordance with procedures established by the Secretary, which shall include— (i) a search of the State criminal registry or repository in the State where the individual resides and each State where the individual previously resided; (ii) a search of State-based child abuse and neglect registries and databases in the State where the individual resides and each State where the individual previously resided; (iii) a search of the National Crime Information Center; (iv) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (v) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq. ). ; and (B) by adding at the end the following new paragraph: (3) Individuals convicted of a crime An individual shall be ineligible for enrollment if the individual— (A) makes a false statement in connection with the criminal background check described in paragraph (1)(C); (B) is registered or is required to be registered on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq. ); or (C) has been convicted of a felony consisting of— (i) homicide; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) a crime involving rape or sexual assault; or (v) physical assault, battery, or a drug-related offense, committed within the past 5 years. ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking 2 years and inserting year ; and (ii) by striking an assignment and inserting a ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking , every 2 years, ; (ii) in subparagraph (B), by striking and at the end; and (iii) in subparagraph (C)— (I) by inserting the education and training after including ; and (II) by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (D) the performance of the Job Corps center relating to the indicators described in paragraphs (1) and (2) in section 159(c), and whether any actions have been taken with respect to such center pursuant to section 159(f). ; and (4) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking is closest to the home of the enrollee, except that the and inserting offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The ; (ii) by striking subparagraph (A); and (iii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in paragraph (2), by inserting that offers the career and technical education and training desired by after home of the enrollee . 120. Job Corps centers Section 147 ( 29 U.S.C. 2887 ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by striking vocational both places it appears and inserting career and technical ; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253 ) and inserting subsections (a) and (b) of section 3304 of title 41, United States Code ; and (II) by striking industry council and inserting workforce council ; (ii) in subparagraph (B)(i)— (I) by amending subclause (II) to read as follows: (II) the ability of the entity to offer career and technical education and training that the workforce council proposes under section 154(c); ; (II) in subclause (III), by striking is familiar with the surrounding communities, applicable and inserting demonstrates relationships with the surrounding communities, employers, workforce boards, and by striking and at the end; (III) by amending subclause (IV) to read as follows: (IV) the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity’s demonstrated effectiveness in assisting individuals in achieving the primary and secondary indicators of performance described in paragraphs (1) and (2) of section 159(c); and ; and (IV) by adding at the end the following new subclause: (V) the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including by providing them with intensive academic, and career and technical education and training. ; and (iii) in subparagraph (B)(ii), by striking , as appropriate ; (2) in subsection (b), by striking In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps. ; (3) by amending subsection (c) to read as follows: (c) Civilian conservation centers (1) In general The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall adhere to all the provisions of this subtitle, and shall provide, in addition to education, career and technical education and training, and workforce preparation skills training described in section 148, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest. (2) Selection process The Secretary shall select an entity that submits an application under subsection (d) to operate a Civilian Conservation Center on a competitive basis, as provided in subsection (a). ; and (4) by striking subsection (d) and inserting the following: (d) Application To be eligible to operate a Job Corps center under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of the program activities that will be offered at the center, including how the career and technical education and training reflect State and local employment opportunities, including in in-demand industries; (2) a description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment upon completion of the program; (3) a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment, including past performance of operating a Job Corps center under this subtitle; (4) a description of the relationships that the entity has developed with State and local workforce boards, employers, State and local educational agencies, and the surrounding communities in an effort to promote a comprehensive statewide workforce investment system; (5) a description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a); (6) a description of the strategies and policies the entity will utilize to reduce participant costs; (7) a description of the steps taken to control costs in accordance with section 159(a)(3); (8) a detailed budget of the activities that will be supported using funds under this subtitle; (9) a detailed budget of the activities that will be supported using funds from non-Federal resources; (10) an assurance the entity will comply with the administrative cost limitation included in section 151(c); (11) an assurance the entity is licensed to operate in the State in which the center is located; and (12) an assurance the entity will comply with and meet basic health and safety codes, including those measures described in section 152(b). (e) Length of agreement The agreement described in subsection (a)(1)(A) shall be for not longer than a 2-year period. The Secretary may renew the agreement for 3 one-year periods if the entity meets the requirements of subsection (f). (f) Renewal (1) In general Subject to paragraph (2), the Secretary may renew the terms of an agreement described in subsection (a)(1)(A) for an entity to operate a Job Corps center if the center meets or exceeds each of the indicators of performance described in section 159(c)(1). (2) Recompetition (A) In general Notwithstanding paragraph (1), the Secretary shall not renew the terms of the agreement for an entity to operate a Job Corps center if such center is ranked in the bottom quintile of centers described in section 159(f)(2) for any program year. Such entity may submit a new application under subsection (d) only if such center has shown significant improvement on the indicators of performance described in section 159(c)(1) over the last program year. (B) Violations The Secretary shall not select an entity to operate a Job Corps center if such entity or such center has been found to have a systemic or substantial material failure that involves— (i) a threat to the health, safety, or civil rights of program participants or staff; (ii) the misuse of funds received under this subtitle; (iii) loss of legal status or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds; (iv) failure to meet any other Federal or State requirement that the entity has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified; or (v) an unresolved area of noncompliance. (g) Current grantees Not later than 60 days after the date of enactment of the SKILLS Act and notwithstanding any previous grant award or renewals of such award under this subtitle, the Secretary shall require all entities operating a Job Corps center under this subtitle to submit an application under subsection (d) to carry out the requirements of this section. . 121. Program activities Section 148 ( 29 U.S.C. 2888 ) is amended— (1) by amending subsection (a) to read as follows: (a) Activities provided through job corps centers (1) In General Each Job Corps center shall provide enrollees with an intensive, well-organized, and supervised program of education, career, and technical education and training, work experience, recreational activities, physical rehabilitation and development, and counseling. Each Job Corps center shall provide enrollees assigned to the center with access to work-ready services described in section 134(c)(2). (2) Relationship to opportunities (A) In general The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment— (i) secure and maintain meaningful unsubsidized employment; (ii) complete secondary education and obtain a regular secondary school diploma; (iii) enroll in and complete postsecondary education or training programs, including obtaining recognized postsecondary credentials, industry-recognized credentials, and registered apprenticeships; or (iv) satisfy Armed Forces requirements. (B) Link to employment opportunities The career and technical education and training provided shall be linked to the employment opportunities in in-demand industries in the State in which the Job Corps center is located. ; and (2) in subsection (b)— (A) in the subsection heading, by striking Education and Vocational and inserting Academic and Career and Technical Education and ; (B) by striking may after The Secretary and inserting shall ; and (C) by striking vocational each place it appears and inserting career and technical ; and (3) by amending paragraph (3) of subsection (c) to read as follows: (3) Demonstration Each year, any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that— (A) participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and (B) such operator has met or exceeded the indicators of performance described in paragraphs (1) and (2) of section 159(c) for the previous year. . 122. Counseling and job placement Section 149 ( 29 U.S.C. 2889 ) is amended— (1) in subsection (a), by striking vocational and inserting career and technical education and ; (2) in subsection (b), by striking make every effort to arrange to ; and (3) by striking subsection (d). 123. Support Subsection (b) of section 150 ( 29 U.S.C. 2890 ) is amended to read as follows: (b) Transition allowances and support for graduates The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of a recognized postsecondary credential, including an industry-recognized credential. . 124. Operations Section 151 ( 29 U.S.C. 2891 ) is amended— (1) in the header, by striking Operating plan . and inserting Operations . ; (2) in subsection (a), by striking In General. — and inserting Operating Plan. — ; (3) by striking subsection (b) and redesignating subsection (c) as subsection (b); (4) by amending subsection (b) (as so redesignated)— (A) in the heading by inserting of Operating Plan after Availability ; and (B) by striking subsections (a) and (b) and inserting subsection (a) ; and (5) by adding at the end the following new subsection: (c) Administrative costs Not more than 10 percent of the funds allotted under section 147 to an entity selected to operate a Job Corps center may be used by the entity for administrative costs under this subtitle. . 125. Community participation Section 153 ( 29 U.S.C. 2893 ) is amended to read as follows: 153. Community participation The director of each Job Corps center shall encourage and cooperate in activities to establish a mutually beneficial relationship between Job Corps centers in the State and nearby communities. Such activities may include the use of any local workforce development boards established under section 117 to provide a mechanism for joint discussion of common problems and for planning programs of mutual interest. . 126. Workforce councils Section 154 ( 29 U.S.C. 2894 ) is amended to read as follows: 154. Workforce councils (a) In general Each Job Corps center shall have a workforce council appointed by the Governor of the State in which the Job Corps center is located. (b) Workforce council composition (1) In General A workforce council shall be comprised of— (A) business members of the State board described in section 111(b)(1)(B)(i); (B) business members of the local boards described in section 117(b)(2)(A) located in the State; (C) a representative of the State board described in section 111(f); and (D) such other representatives and State agency officials as the Governor may designate. (2) Majority A 2/3 majority of the members of the workforce council shall be representatives described in paragraph (1)(A). (c) Responsibilities The responsibilities of the workforce council shall be— (1) to review all the relevant labor market information, including related information in the State plan described in section 112, to— (A) determine the in-demand industries in the State in which enrollees intend to seek employment after graduation; (B) determine the skills and education that are necessary to obtain the employment opportunities described in subparagraph (A); and (C) determine the type or types of career and technical education and training that will be implemented at the center to enable the enrollees to obtain the employment opportunities; and (2) to meet at least once a year to reevaluate the labor market information, and other relevant information, to determine any necessary changes in the career and technical education and training provided at the center. . 127. Technical assistance Section 156 ( 29 U.S.C. 2896 ) is amended to read as follows: 156. Technical assistance to centers (a) In general From the funds reserved under section 132(a)(3), the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for the Job Corps program for the purposes of improving program quality. (b) Activities In providing training and technical assistance and for allocating resources for such assistance, the Secretary shall— (1) assist entities, including those entities not currently operating a Job Corps center, in developing the application described in section 147(d); (2) assist Job Corps centers and programs in correcting deficiencies and violations under this subtitle; (3) assist Job Corps centers and programs in meeting or exceeding the indicators of performance described in paragraph (1) and (2) of section 159(c); and (4) assist Job Corps centers and programs in the development of sound management practices, including financial management procedures. . 128. Special provisions Section 158(c)(1) ( 29 U.S.C. 2989(c)(1) ) is amended by striking title II of the Federal Property and Administrative Services Act of 1949 ( 40 U.S.C. 481 et seq. ) and inserting chapter of 5 title 40, United States Code, . 129. Performance accountability management Section 159 ( 29 U.S.C. 2899 ) is amended— (1) in the section heading, by striking Management Information and inserting Performance Accountability and Management ; (2) in subsection (a)(3), by inserting before the period at the end the following: , or operating costs for such centers result in a budgetary shortfall ; (3) by striking subsections (c) through (g); and (4) by inserting after subsection (b) the following: (c) Indicators of Performance (1) Primary indicators The annual primary indicators of performance for Job Corps centers shall include— (A) the percentage and number of enrollees who graduate from the Job Corps center; (B) the percentage and number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps center, except that such calculation shall not include enrollment in education, the military or volunteer service; (C) the percentage and number of graduates who obtained a recognized postsecondary credential, including an industry-recognized credential or a registered apprenticeship; and (D) the cost per successful performance outcome, which is calculated by comparing the number of graduates who were placed in unsubsidized employment or obtained a recognized credential, including an industry-recognized credential, to total program costs, including all operations, construction, and administration costs at each Job Corp center. (2) Secondary indicators The annual secondary indicators of performance for Job Corps centers shall include— (A) the percentage and number of graduates who entered unsubsidized employment not related to the career and technical education and training received through the Job Corps center; (B) the percentage and number of graduates who entered into postsecondary education; (C) the percentage and number of graduates who entered into the military; (D) the average wage of graduates who are in unsubsidized employment— (i) on the first day of employment; and (ii) 6 months after the first day; (E) the number and percentage of graduates who entered unsubsidized employment and were retained in the unsubsidized employment— (i) 6 months after the first day of employment; and (ii) 12 months after the first day of employment; (F) the percentage and number of enrollees compared to the percentage and number of enrollees the Secretary has established targets in section 145(c)(1); (G) the cost per training slot, which is calculated by comparing the program’s maximum number of students that can be enrolled in a Job Corps center at any given time during the program year to the number of enrollees in the same program year; and (H) the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b). (3) Indicators of performance for recruiters The annual indicators of performance for recruiters shall include the measurements described in subparagraph (A) of paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2). (4) Indicators of performance of career transition service providers The annual indicators of performance of career transition service providers shall include the measurements described in subparagraphs (B) and (C) of paragraph (1) and subparagraphs, (B), (C), (D), and (E) of paragraph (2). (d) Additional information The Secretary shall collect, and submit in the report described in subsection (f), information on the performance of each Job Corps center, and the Job Corps program, regarding— (1) the number and percentage of former enrollees who obtained a regular secondary school diploma; (2) the number and percentage of former enrollees who entered unsubsidized employment; (3) the number and percentage of former enrollees who obtained a recognized postsecondary credential, including an industry-recognized credential; (4) the number and percentage of former enrollees who entered into military service; and (5) any additional information required by the Secretary. (e) Methods The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(i)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates. (f) Transparency and accountability (1) Report The Secretary shall collect and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education. Labor and Pensions of the Senate, as well as make available to the public by electronic means, a report containing— (A) information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (B) a comparison of each Job Corps center, by rank, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (C) a comparison of each Job Corps center, by rank, on the average performance of all primary indicators described in paragraph (1) of subsection (c); (D) information on the performance of the service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs; and (E) a comparison of each service provider, by rank, on the performance of all service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs. (2) Assessment The Secretary shall conduct an annual assessment of the performance of each Job Corps center which shall include information on the Job Corps centers that— (A) are ranked in the bottom 10 percent on the performance indicator described in paragraph (1)(C); or (B) have failed a safety and health code review described in subsection (g). (3) Performance improvement With respect to a Job Corps center that is identified under paragraph (2) or reports less than 50 percent on the performance indicators described in subparagraphs (A), (B), or (C) of subsection (c)(1), the Secretary shall develop and implement a 1 year performance improvement plan. Such a plan shall require action including— (A) providing technical assistance to the center; (B) changing the management staff of the center; (C) replacing the operator of the center; (D) reducing the capacity of the center; or (E) closing the center. (4) Closure of job corps centers Job Corps centers that have been identified under paragraph (2) for more than 4 consecutive years shall be closed. The Secretary shall ensure— (A) that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register and other appropriate means; and (B) the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary. (g) Participant health and safety The Secretary shall enter into an agreement with the General Services Administration or the appropriate State agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, to conduct an in-person review of the physical condition and health-related activities of each Job Corps center annually. Such review shall include a passing rate of occupancy under Federal and State ordinances. . D National Programs 130. Technical assistance Section 170 ( 29 U.S.C. 2915 ) is amended— (1) by striking subsection (b); (2) by striking: (a) General technical assistance ; (3) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c) respectively, and moving such subsections 2 ems to the left; (4) in subsection (a) (as so redesignated)— (A) by inserting the training of staff providing rapid response services, the training of other staff of recipients of funds under this title, assistance regarding accounting and program operation practices (when such assistance would not be duplicative to assistance provided by the State), technical assistance to States that do not meet State performance measures described in section 136, after localities, ; and (B) by striking from carrying out activities and all that follows up to the period and inserting to implement the amendments made by the SKILLS Act ; (5) in subsection (b) (as so redesignated)— (A) by striking paragraph (1) and inserting subsection (a) ; (B) by striking , or recipient of financial assistance under any of sections 166 through 169, ; and (C) by striking or grant recipient ; (6) in subsection (c) (as so redesignated), by striking paragraph (1) and inserting subsection (a) ; and (7) by inserting, after subsection (c) (as so redesignated), the following: (d) Best practices coordination The Secretary shall— (1) establish a system through which States may share information regarding best practices with regard to the operation of workforce investment activities under this Act; and (2) evaluate and disseminate information regarding best practices and identify knowledge gaps. . 131. Evaluations Section 172 ( 29 U.S.C. 2917 ) is amended— (1) in subsection (a), by striking the Secretary shall provide for the continuing evaluation of the programs and activities, including those programs and activities carried out under section 171 and inserting the Secretary, through grants, contracts, or cooperative agreements, shall conduct, at least once every 5 years, an independent evaluation of the programs and activities funded under this Act ; (2) in subsection (a)(4) is amended to read as follows: (4) the impact of receiving services and not receiving services under such programs and activities on the community, businesses, and individuals; ; (3) in subsection (c) is amended to read as follows: (c) Techniques Evaluations conducted under this section shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies, quasi-experimental methods, impact analysis and the use of administrative data. The Secretary shall conduct an impact analysis, as described in subsection (a)(4), of the formula grant program under subtitle B not later than 2015, and thereafter shall conduct such an analysis not less than once every four years. ; (4) in subsection (e) is amended by striking the Committee on Labor and Human Resources of the Senate and inserting the Committee on Health, Education, Labor, and Pensions of the Senate ; and (5) by adding at the end, the following: (g) Public availability The results of the evaluations conducted under this section shall be made publicly available, including by posting such results on the Department’s website. . E Administration 132. Requirements and restrictions Section 181 ( 29 U.S.C. 2931 ) is amended— (1) in subsection (b)(6), by striking , including representatives of businesses and of labor organizations ; (2) in subsection (c)(2)(A), in the matter preceding clause (i), by striking shall and inserting may ; (3) in subsection (e)— (A) by striking training for and inserting the entry into employment, retention in employment, or increases in earnings of ; and (B) by striking subtitle B and inserting this Act ; (4) in subsection (f)(4), by striking 134(a)(3)(B) and inserting 134(a)(6) ; and (5) by adding at the end the following: (g) Salary and bonus limitation No funds provided under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Level II of the Federal Executive Pay Schedule ( 5 U.S.C. 5313 ). This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the programs. (h) General authority (1) In general The Employment and Training Administration of the U.S. Department of Labor (hereinafter in this Act referred to as the Administration ) shall administer all programs authorized under title I and III of this Act. The Administration shall be headed by an Assistant Secretary appointed by the President by and with the advice and consent of the Senate. Except for titles II and IV, the Administration shall be the principal agency, and the Assistant Secretary shall be the principal officer, of such Department for carrying out this Act. (2) Qualifications The Assistant Secretary shall be an individual with substantial experience in workforce development and in workforce development management. The Assistant Secretary shall also, to the maximum extent possible, possess knowledge and have worked in or with the State or local workforce investment system or have been a member of the business community. In the performance of the functions of the office, the Assistant Secretary shall be directly responsible to the Secretary or the Under Secretary as designed by the Secretary. The functions of the Assistant Secretary shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Assistant Secretary. Any reference in this Act to duties to be carried out by the Assistant Secretary shall be considered to be a reference to duties to be carried out by the Secretary acting through the Assistant Secretary. . 133. Prompt allocation of funds Section 182 ( 29 U.S.C. 2932 ) is amended— (1) in subsection (c), by striking 127 or ; and (2) in subsection (e)— (A) by striking sections 128 and 133 and inserting section 133 ; and (B) by striking 127 or . 134. Fiscal controls; sanctions Section 184(a)(2) ( 29 U.S.C. 2934(a)(2) ) is amended— (1) by striking (A) and all that follows through Each and inserting Each ; and (2) by striking subparagraph (B). 135. Reports to Congress Section 185 ( 29 U.S.C. 2935 ) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and after the semicolon; (B) in paragraph (3), by striking the period and inserting ; and ; and (C) by adding at the end the following: (4) shall have the option to submit or disseminate electronically any reports, records, plans, or any other data that are required to be collected or disseminated under this title. ; and (2) in subsection (e)(2), by inserting and the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, after Secretary, . 136. Administrative provisions Section 189 ( 29 U.S.C. 2939 ) is amended— (1) in subsection (g)— (A) by amending paragraph (1) to read as follows: (1) In general Appropriations for any fiscal year for programs and activities carried out under this title shall be available for obligation only on the basis of a program year. The program year shall begin on October 1 in the fiscal year for which the appropriation is made. ; and (B) in paragraph (2)— (i) by striking each State and inserting each recipient ; and (ii) by striking 171 or ; (2) in subsection (i)— (A) by striking paragraphs (2) and (3); (B) by redesignating paragraph (4) as paragraph (2); (C) by amending paragraph (2)(A), as so redesignated— (i) by striking requirements of subparagraph (B) and all that follows through any of the statutory or regulatory requirements of subtitle B and inserting requirements of subparagraph (B) or (D), any of the statutory or regulatory requirements of subtitle B ; (ii) by striking clause (ii); and (iii) in clause (i), by striking ; and and inserting a period at the end; and (D) by adding at the end the following: (D) Expedited process for extending approved waivers to additional states In lieu of the requirements of subparagraphs (B) and (C), the Secretary may establish an expedited procedure for the purpose of extending to additional States the waiver of statutory or regulatory requirements that have been approved for a State pursuant to a request under subparagraph (B). Such procedure shall ensure that the extension of such waivers to additional States are accompanied by appropriate conditions relating the implementation of such waivers. (E) External Conditions The Secretary shall not require or impose new or additional requirements, which are not specified under this Act, on a State in exchange for providing a waiver to the State or a local area in the State under this paragraph. . 137. State legislative authority Section 191(a) ( 29 U.S.C. 2941(a) ) is amended— (1) by striking consistent with the provisions of this title and inserting consistent with State law and the provisions of this title ; and (2) by striking consistent with the terms and conditions required under this title and inserting consistent with State law and the terms and conditions required under this title . 138. General program requirements Section 195 ( 29 U.S.C. 2945 ) is amended— (1) in paragraph (7), by inserting at the end the following: (D) Funds received by a public or private nonprofit entity that are not described in paragraph (B), such as funds privately raised from philanthropic foundations, businesses, or other private entities, shall not be considered to be income under this title and shall not be subject to the requirements of this section. ; and (2) by adding at the end the following new paragraphs: (14) Funds provided under this title shall not be used to establish or operate stand-alone fee-for-service enterprises that compete with private sector employment agencies within the meaning of section 701(c) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(c) ), except that for purposes of this paragraph, such an enterprise does not include one-stop centers. (15) Any report required to be submitted to Congress, or to a Committee of Congress, under this title shall be submitted to both the chairmen and ranking minority members of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. . 139. Federal agency staff Subtitle E of title I ( 29 U.S.C. 2931 et seq. ) is amended by adding at the end the following new sections: 196. Federal agency staff The Director of the Office of Management and Budget shall— (1) not later than 60 days after the date of the enactment of the SKILLS Act— (A) identify the number of Federal government employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment; and (B) identify the number of full-time equivalent employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment, and that have been eliminated or consolidated on or after such date of enactment; (2) not later than 90 after such date of enactment, publish the information described in paragraph (1) on the Office of Management and Budget website; (3) not later than 1 year after such date of enactment— (A) reduce the workforce of the Federal Government by the number of full-time equivalent employees identified under paragraph (1)(B); and (B) submit to Congress a report on how the Director carried out the requirements of subparagraph (A). 197. Restrictions on lobbying and political activities (a) Lobbying restrictions (1) Publicity restrictions (A) In general Subject to subparagraph (B), no funds provided under this Act shall be used or proposed for use, for— (i) publicity or propaganda purposes; or (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body. (B) Exception Subparagraph (A) shall not apply to— (i) normal and recognized executive-legislative relationships; (ii) the preparation, distribution, or use of the materials described in subparagraph (A)(ii) in presentation to the Congress or any State or local legislature (except that this subparagraph does not apply with respect to such preparation, distribution, or use in presentation to the executive branch of any State or local government); or (iii) if such materials are designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government. (2) Salary payment restriction No funds provided under this Act shall be used, or proposed for use, to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulations, administrative action, or executive order proposed or pending before the Congress or any State government, or State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local, or tribal government in policymaking and administrative processes within the executive branch of that government. (b) Political restrictions (1) In general No funds received by a participant of a program or an activity under this Act shall be used for— (A) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; or (B) any activity to provide voters with transportation to the polls or similar assistance in connection with any such election. (2) Definition For the purposes of this subsection, the term participant includes any State, local area, or governmental, nonprofit, or for-profit entity receiving funds under this Act. (3) Restriction on voter registration activities No funds under this Act shall be used to conduct voter registration activities. . F State unified plan 140. State unified plan Section 501 ( 20 U.S.C. 9271 ) is amended— (1) by amending subsection (a) to read as follows: (a) General authority The Secretary shall receive and approve State unified plans developed and submitted under this section. ; (2) by amending subsection (b) to read as follows: (b) State unified plan (1) In general A State may develop and submit to the Secretary a State unified plan for 2 or more of the activities or programs set forth in paragraph (2). The State unified plan shall cover one or more of the activities set forth in subparagraphs (A) and (B) of paragraph (2) and may cover one or more of the activities set forth in subparagraphs (C) through (N) of paragraph (2). For purposes of this paragraph, the activities and programs described in subparagraphs (A) and (B) of paragraph (2) shall not be considered to be 2 or more activities or programs for purposes of the unified plan. Such activities or programs shall be considered to be 1 activity or program. (2) Activities and programs The activities and programs referred to in paragraph (1) are as follows: (A) Programs and activities authorized under title I. (B) Programs and activities authorized under title II. (C) Programs authorized under the Rehabilitation Act of 1973. (D) Secondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act. (E) Postsecondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act. (F) Programs and activities authorized under title II of the Trade Act of 1974. (G) National Apprenticeship Act of 1937. (H) Programs authorized under the Community Services Block Grant Act. (I) Programs authorized under the part A of title IV of the Social Security Act. (J) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law). (K) Work programs authorized under section 6(o) of the Food Stamp Act of 1977. (L) Programs and activities authorized title I of the Housing and Community Development Act of 1974. (M) Programs and activities authorized under the Public Workers and Economic Development Act of 1965. (N) Activities as defined under chapter 41 of title 38, United States Code. ; (3) by amending subsection (d) to read as follows: (d) Approval (1) Jurisdiction In approving a State unified plan under this section, the Secretary shall— (A) submit the portion of the State unified plan covering an activity or program described in subsection (b)(2) to the head of the Federal agency who exercises administrative authority over the activity or program for the approval of such portion by such Federal agency head; or (B) coordinate approval of the portion of the State unified plan covering an activity or program described in subsection (b)(2) with the head of the Federal agency who exercises administrative authority over the activity or program. (2) Timeline A State unified plan shall be considered to be approved by the Secretary at the end of the 90-day period beginning on the day the Secretary receives the plan, unless the Secretary makes a written determination, during the 90-day period, that details how the plan is not consistent with the requirements of the Federal statute authorizing an activity or program described in subsection (b)(2) and covered under the plan or how the plan is not consistent with the requirements of subsection (c)(3). ; and (4) by adding at the end the following: (e) Additional employment and training funds (1) Purpose It is the purpose of this subsection to reduce inefficiencies in the administration of federally-funded State and local employment and training programs. (2) In general In developing a State unified plan for the activities or programs described in subsection (b)(2) and subject to paragraph (4) and the State plan approval process under subsection (d), a State may propose to consolidate the amount, in whole or part, provided for the activities or programs dedicated to employment and training into the Workforce Investment Fund under section 132(b) to improve the administration of State and local employment and training programs. (3) Requirements A State with a State unified plan approved under subsection (d) for purposes of consolidation under paragraph (2) and that is carrying out such consolidation shall— (A) continue to meet the program requirements, limitations, and prohibitions of any Federal statute authorizing the activity or program consolidated into the Workforce Investment Fund; (B) meet the intent and purpose of the activity or program consolidated into the Workforce Investment Fund; and (C) continue to make reservations and allotments under subsections (a) and (b) of section 133. (4) Exceptions A State may not consolidate funds under paragraph (2) that are allocated to the State under— (A) the Carl D. Perkins Career and Technical Education Act of 2006; or (B) the Rehabilitation Act of 1973. . II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Amendment Title II ( 20 U.S.C. 2901 et seq. ) is amended to read as follows: II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Short title This title may be cited as the Adult Education and Family Literacy Education Act . 202. Purpose It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and math skills, and support States and local communities in providing, on a voluntary basis, adult education and family literacy education programs, in order to— (1) increase the literacy of adults, including the basic reading, writing, speaking, and math skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce; (2) assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution; (3) assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children’s education including, through instruction in basic reading, writing, speaking, and math skills; and (4) assist adults who are not proficient in English in improving their reading, writing, speaking, listening, comprehension, and math skills. 203. Definitions In this title: (1) Adult education and family literacy education programs The term adult education and family literacy education programs means a sequence of academic instruction and educational services below the postsecondary level that increase an individual’s ability to read, write, and speak English and perform mathematical computations leading to a level of proficiency equivalent to at least a secondary school completion that is provided for individuals— (A) who are at least 16 years of age; (B) who are not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) lack sufficient mastery of basic reading, writing, speaking, and math skills to enable the individuals to function effectively in society; (ii) do not have a secondary school diploma or its equivalent and have not achieved an equivalent level of education; or (iii) are English learners. (2) Eligible agency The term eligible agency — (A) means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and (B) may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges. (3) Eligible provider The term eligible provider means an organization of demonstrated effectiveness which is— (A) a local educational agency; (B) a community-based or faith-based organization; (C) a volunteer literacy organization; (D) an institution of higher education; (E) a public or private educational agency; (F) a library; (G) a public housing authority; (H) an institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or (I) a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H). (4) English language acquisition program The term English language acquisition program means a program of instruction— (A) designed to help English learners achieve competence in reading, writing, speaking, and comprehension of the English language; and (B) that may lead to— (i) attainment of a secondary school diploma or its recognized equivalent; (ii) transition to success in postsecondary education and training; and (iii) employment or career advancement. (5) Family literacy education program The term family literacy education program means an educational program that— (A) assists parents and students, on a voluntary basis, in achieving the purposes of this title as described in section 202; and (B) is of sufficient intensity in terms of hours and of sufficient quality to make sustainable changes in a family, is evidence-based, and, for the purpose of substantially increasing the ability of parents and children to read, write, and speak English, integrates— (i) interactive literacy activities between parents and their children; (ii) training for parents regarding how to be the primary teacher for their children and full partners in the education of their children; (iii) parent literacy training that leads to economic self-sufficiency; and (iv) an age-appropriate education to prepare children for success in school and life experiences. (6) Governor The term Governor means the chief executive officer of a State or outlying area. (7) Individual with a disability (A) In general The term individual with a disability means an individual with any disability (as defined in section 3 of the Americans with Disabilities Act of 1990). (B) Individuals with disabilities The term individuals with disabilities means more than one individual with a disability. (8) English learner The term English learner means an adult or out-of-school youth who has limited ability in reading, writing, speaking, or understanding the English language, and— (A) whose native language is a language other than English; or (B) who lives in a family or community environment where a language other than English is the dominant language. (9) Integrated Education and Training The term integrated education and training means services that provide adult education and literacy activities contextually and concurrently with workforce preparation activities and workforce training for a specific occupation or occupational cluster. Such services may include offering adult education services concurrent with postsecondary education and training, including through co-instruction. (10) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965. (11) Literacy The term literacy means an individual’s ability to read, write, and speak in English, compute, and solve problems at a level of proficiency necessary to obtain employment and to successfully make the transition to postsecondary education. (12) Local educational agency The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (13) Outlying area The term outlying area has the meaning given the term in section 101 of this Act. (14) Postsecondary educational institution The term postsecondary educational institution means— (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree; (B) a tribally controlled community college; or (C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. (15) Secretary The term Secretary means the Secretary of Education. (16) State The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (17) State educational agency The term State educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (18) Workplace literacy program The term workplace literacy program means an educational program that is offered in collaboration between eligible providers and employers or employee organizations for the purpose of improving the productivity of the workforce through the improvement of reading, writing, speaking, and math skills. 204. Home schools Nothing in this title shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, or to compel a parent engaged in home schooling to participate in adult education and family literacy education activities under this title. 205. Authorization of appropriations There are authorized to be appropriated to carry out this title, $606,294,933 for fiscal years 2014 and for each of the 6 succeeding fiscal years. A Federal Provisions 211. Reservation of funds; grants to eligible agencies; allotments (a) Reservation of funds From the sums appropriated under section 205 for a fiscal year, the Secretary shall reserve 2.0 percent to carry out section 242. (b) Grants to eligible agencies (1) In general From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g). (2) Purpose of grants The Secretary may award a grant under paragraph (1) only if the eligible agency involved agrees to expend the grant in accordance with the provisions of this title. (c) Allotments (1) Initial allotments From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224— (A) $100,000, in the case of an eligible agency serving an outlying area; and (B) $250,000, in the case of any other eligible agency. (2) Additional allotments From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas. (d) Qualifying adult For the purpose of subsection (c)(2), the term qualifying adult means an adult who— (1) is at least 16 years of age; (2) is beyond the age of compulsory school attendance under the law of the State or outlying area; (3) does not have a secondary school diploma or its recognized equivalent; and (4) is not enrolled in secondary school. (e) Special rule (1) In general From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary. (2) Termination of eligibility Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective. (f) Hold-Harmless provisions (1) In general Notwithstanding subsection (c) and subject to paragraph (2), for— (A) fiscal year 2014, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for fiscal year 2012 under this title; and (B) fiscal year 2015 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title. (2) Ratable reduction If, for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratable reduce the payments to all eligible agencies, as necessary. (g) Reallotment The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year. 212. Performance accountability system Programs and activities authorized under this title are subject to the performance accountability provisions described in paragraph (2)(A) and (3) of section 136(b) and may, at a State’s discretion, include additional indicators identified in the State plan approved under section 224. B State Provisions 221. State administration Each eligible agency shall be responsible for the following activities under this title: (1) The development, submission, implementation, and monitoring of the State plan. (2) Consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title. (3) Coordination and avoidance of duplication with other Federal and State education, training, corrections, public housing, and social service programs. 222. State distribution of funds; matching requirement (a) State distribution of funds Each eligible agency receiving a grant under this title for a fiscal year— (1) shall use an amount not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 10 percent of such amount shall be available to carry out section 225; (2) shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and (3) shall use not more than 5 percent of the grant funds, or $65,000, whichever is greater, for the administrative expenses of the eligible agency. (b) Matching requirement (1) In general In order to receive a grant from the Secretary under section 211(b), each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and family literacy education programs for which the grant is awarded, a non-Federal contribution in an amount that is not less than— (A) in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and family literacy education programs in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and (B) in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and family literacy education programs in the State. (2) Non-federal contribution An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and family literacy education programs in a manner that is consistent with the purpose of this title. 223. State leadership activities (a) In general Each eligible agency may use funds made available under section 222(a)(2) for any of the following adult education and family literacy education programs: (1) The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b). (2) The provision of technical assistance to eligible providers of adult education and family literacy education programs, including for the development and dissemination of evidence based research instructional practices in reading, writing, speaking, math, and English language acquisition programs. (3) The provision of assistance to eligible providers in developing, implementing, and reporting measurable progress in achieving the objectives of this title. (4) The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities. (5) The provision of technology assistance, including staff training, to eligible providers of adult education and family literacy education programs, including distance education activities, to enable the eligible providers to improve the quality of such activities. (6) The development and implementation of technology applications or distance education, including professional development to support the use of instructional technology. (7) Coordination with other public programs, including programs under title I of this Act, and other welfare-to-work, workforce development, and job training programs. (8) Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and family literacy education programs, for adults enrolled in such activities. (9) The development and implementation of a system to assist in the transition from adult basic education to postsecondary education. (10) Activities to promote workplace literacy programs. (11) Other activities of statewide significance, including assisting eligible providers in achieving progress in improving the skill levels of adults who participate in programs under this title. (12) Integration of literacy, instructional, and occupational skill training and promotion of linkages with employees. (b) Coordination In carrying out this section, eligible agencies shall coordinate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a). (c) State-Imposed requirements Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area. 224. State plan (a) 3-Year plans (1) In general Each eligible agency desiring a grant under this title for any fiscal year shall submit to, or have on file with, the Secretary a 3-year State plan. (2) State unified plan The eligible agency may submit the State plan as part of a State unified plan described in section 501. (b) Plan contents The eligible agency shall include in the State plan or any revisions to the State plan— (1) an objective assessment of the needs of individuals in the State or outlying area for adult education and family literacy education programs, including individuals most in need or hardest to serve; (2) a description of the adult education and family literacy education programs that will be carried out with funds received under this title; (3) an assurance that the funds received under this title will not be expended for any purpose other than for activities under this title; (4) a description of how the eligible agency will annually evaluate and measure the effectiveness and improvement of the adult education and family literacy education programs funded under this title using the indicators of performance described in section 136, including how the eligible agency will conduct such annual evaluations and measures for each grant received under this title; (5) a description of how the eligible agency will fund local activities in accordance with the measurable goals described in section 231(d); (6) an assurance that the eligible agency will expend the funds under this title only in a manner consistent with fiscal requirements in section 241; (7) a description of the process that will be used for public participation and comment with respect to the State plan, which— (A) shall include consultation with the State workforce investment board, the State board responsible for administering community or technical colleges, the Governor, the State educational agency, the State board or agency responsible for administering block grants for temporary assistance to needy families under title IV of the Social Security Act, the State council on disabilities, the State vocational rehabilitation agency, and other State agencies that promote the improvement of adult education and family literacy education programs, and direct providers of such programs; and (B) may include consultation with the State agency on higher education, institutions responsible for professional development of adult education and family literacy education programs instructors, representatives of business and industry, refugee assistance programs, and faith-based organizations; (8) a description of the eligible agency’s strategies for serving populations that include, at a minimum— (A) low-income individuals; (B) individuals with disabilities; (C) the unemployed; (D) the underemployed; and (E) individuals with multiple barriers to educational enhancement, including English learners; (9) a description of how the adult education and family literacy education programs that will be carried out with any funds received under this title will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency; (10) a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 231(c)(1), including— (A) how the State will build the capacity of community-based and faith-based organizations to provide adult education and family literacy education programs; and (B) how the State will increase the participation of business and industry in adult education and family literacy education programs; (11) an assessment of the adequacy of the system of the State or outlying area to ensure teacher quality and a description of how the State or outlying area will use funds received under this subtitle to improve teacher quality, including evidence-based professional development to improve instruction; and (12) a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs. (c) Plan revisions When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions of the State plan to the Secretary. (d) Consultation The eligible agency shall— (1) submit the State plan, and any revisions to the State plan, to the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, or outlying area for review and comment; and (2) ensure that any comments regarding the State plan by the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, and any revision to the State plan, are submitted to the Secretary. (e) Plan approval The Secretary shall— (1) approve a State plan within 90 days after receiving the plan unless the Secretary makes a written determination within 30 days after receiving the plan that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and (2) not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (3), to review the plan and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle. 225. Programs for corrections education and other institutionalized individuals (a) Program authorized From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals. (b) Uses of funds The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for— (1) basic skills education; (2) special education programs as determined by the eligible agency; (3) reading, writing, speaking, and math programs; (4) secondary school credit or diploma programs or their recognized equivalent; and (5) integrated education and training. (c) Priority Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program. (d) Definitions For purposes of this section: (1) Correctional institution The term correctional institution means any— (A) prison; (B) jail; (C) reformatory; (D) work farm; (E) detention center; or (F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Criminal offender The term criminal offender means any individual who is charged with, or convicted of, any criminal offense. C Local Provisions 231. Grants and contracts for eligible providers (a) Grants and contracts From grant funds made available under section 222(a)(1), each eligible agency shall award multi-year grants or contracts, on a competitive basis, to eligible providers within the State or outlying area that meet the conditions and requirements of this title to enable the eligible providers to develop, implement, and improve adult education and family literacy education programs within the State. (b) Local activities The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to establish or operate— (1) programs that provide adult education and literacy activities; (2) programs that provide integrated employment and training activities; or (3) credit-bearing postsecondary coursework. (c) Direct and equitable access; same process Each eligible agency receiving funds under this title shall ensure that— (1) all eligible providers have direct and equitable access to apply for grants or contracts under this section; and (2) the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area. (d) Measurable goals The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to demonstrate— (1) the eligible provider’s measurable goals for participant outcomes to be achieved annually on the core indicators of performance described in section 136(b)(2)(A); (2) the past effectiveness of the eligible provider in improving the basic academic skills of adults and, for eligible providers receiving grants in the prior year, the success of the eligible provider receiving funding under this title in exceeding its performance goals in the prior year; (3) the commitment of the eligible provider to serve individuals in the community who are the most in need of basic academic skills instruction services, including individuals with disabilities and individuals who are low-income or have minimal reading, writing, speaking, and math skills, or are English learners; (4) the program is of sufficient intensity and quality for participants to achieve substantial learning gains; (5) educational practices are evidence-based; (6) the activities of the eligible provider effectively employ advances in technology, and delivery systems including distance education; (7) the activities provide instruction in real-life contexts, including integrated education and training when appropriate, to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship; (8) the activities are staffed by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the State; (9) the activities are coordinated with other available resources in the community, such as through strong links with elementary schools and secondary schools, postsecondary educational institutions, local workforce investment boards, one-stop centers, job training programs, community-based and faith-based organizations, and social service agencies; (10) the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs; (11) the activities include a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and to monitor program performance; (12) the local communities have a demonstrated need for additional English language acquisition programs, and integrated education and training programs; (13) the capacity of the eligible provider to produce valid information on performance results, including enrollments and measurable participant outcomes; (14) adult education and family literacy education programs offer rigorous reading, writing, speaking, and math content that are evidence based; and (15) applications of technology, and services to be provided by the eligible providers, are of sufficient intensity and duration to increase the amount and quality of learning and lead to measurable learning gains within specified time periods. (e) Special rule Eligible providers may use grant funds under this title to serve children participating in family literacy programs assisted under this part, provided that other sources of funds available to provide similar services for such children are used first. 232. Local application Each eligible provider desiring a grant or contract under this title shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including— (1) a description of how funds awarded under this title will be spent consistent with the requirements of this title; (2) a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and family literacy education programs; and (3) each of the demonstrations required by section 231(d). 233. Local administrative cost limits (a) In general Subject to subsection (b), of the amount that is made available under this title to an eligible provider— (1) at least 95 percent shall be expended for carrying out adult education and family literacy education programs; and (2) the remaining amount shall be used for planning, administration, personnel and professional development, development of measurable goals in reading, writing, speaking, and math, and interagency coordination. (b) Special rule In cases where the cost limits described in subsection (a) are too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the eligible provider may negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes. D General Provisions 241. Administrative provisions Funds made available for adult education and family literacy education programs under this title shall supplement and not supplant other State or local public funds expended for adult education and family literacy education programs. 242. National activities The Secretary shall establish and carry out a program of national activities that may include the following: (1) Providing technical assistance to eligible entities, on request, to— (A) improve their fiscal management, research-based instruction, and reporting requirements to carry out the requirements of this title; (B) improve its performance on the core indicators of performance described in section 136; (C) provide adult education professional development; and (D) use distance education and improve the application of technology in the classroom, including instruction in English language acquisition for English learners. (2) Providing for the conduct of research on national literacy basic skill acquisition levels among adults, including the number of adult English learners functioning at different levels of reading proficiency. (3) Improving the coordination, efficiency, and effectiveness of adult education and workforce development services at the national, State, and local levels. (4) Determining how participation in adult education, English language acquisition, and family literacy education programs prepares individuals for entry into and success in postsecondary education and employment, and in the case of prison-based services, the effect on recidivism. (5) Evaluating how different types of providers, including community and faith-based organizations or private for-profit agencies measurably improve the skills of participants in adult education, English language acquisition, and family literacy education programs. (6) Identifying model integrated basic and workplace skills education programs, including programs for English learners coordinated literacy and employment services, and effective strategies for serving adults with disabilities. (7) Initiating other activities designed to improve the measurable quality and effectiveness of adult education, English language acquisition, and family literacy education programs nationwide. . III AMENDMENTS TO THE WAGNER-PEYSER ACT 301. Amendments to the Wagner-Peyser Act The Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) is amended by amending section 15 to read as follows: 15. Workforce and labor market information system (a) System content (1) In general The Secretary of Labor, in accordance with the provisions of this section, shall oversee the development, maintenance, and continuous improvement of a nationwide workforce and labor market information system that includes— (A) statistical data from cooperative statistical survey and projection programs and data from administrative reporting systems that, taken together, enumerate, estimate, and project employment opportunities and conditions at national, State, and local levels in a timely manner, including statistics on— (i) employment and unemployment status of national, State, and local populations, including self-employed, part-time, and seasonal workers; (ii) industrial distribution of occupations, as well as current and projected employment opportunities, wages, benefits (where data is available), and skill trends by occupation and industry, with particular attention paid to State and local conditions; (iii) the incidence of, industrial and geographical location of, and number of workers displaced by, permanent layoffs and plant closings; and (iv) employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation; (B) information on State and local employment opportunities, and other appropriate statistical data related to labor market dynamics, which— (i) shall be current and comprehensive; (ii) shall meet the needs identified through the consultations described in subparagraphs (A) and (B) of subsection (e)(2); and (iii) shall meet the needs for the information identified in section 121; (C) technical standards (which the Secretary shall publish annually) for data and information described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of chapter 35 of title 44, United States Code; (D) procedures to ensure compatibility and additivity of the data and information described in subparagraphs (A) and (B) from national, State, and local levels; (E) procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph (A) of employment-related programs; (F) analysis of data and information described in subparagraphs (A) and (B) for uses such as— (i) national, State, and local policymaking; (ii) implementation of Federal policies (including allocation formulas); (iii) program planning and evaluation; and (iv) researching labor market dynamics; (G) wide dissemination of such data, information, and analysis in a user-friendly manner and voluntary technical standards for dissemination mechanisms; and (H) programs of— (i) training for effective data dissemination; (ii) research and demonstration; and (iii) programs and technical assistance. (2) Information to be confidential (A) In general No officer or employee of the Federal Government or agent of the Federal Government may— (i) use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes for which the submission is furnished; (ii) disclose to the public any publication or media transmittal of the data contained in the submission described in clause (i) that permits information concerning an individual subject to be reasonably inferred by either direct or indirect means; or (iii) permit anyone other than a sworn officer, employee, or agent of any Federal department or agency, or a contractor (including an employee of a contractor) of such department or agency, to examine an individual submission described in clause (i), without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission. (B) Immunity from legal process Any submission (including any data derived from the submission) that is collected and retained by a Federal department or agency, or an officer, employee, agent, or contractor of such a department or agency, for exclusively statistical purposes under this section shall be immune from the legal process and shall not, without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. (C) Rule of construction Nothing in this section shall be construed to provide immunity from the legal process for such submission (including any data derived from the submission) if the submission is in the possession of any person, agency, or entity other than the Federal Government or an officer, employee, agent, or contractor of the Federal Government, or if the submission is independently collected, retained, or produced for purposes other than the purposes of this Act. (b) System responsibilities (1) In general The workforce and labor market information system described in subsection (a) shall be planned, administered, overseen, and evaluated through a cooperative governance structure involving the Federal Government and States. (2) Duties The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties: (A) Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that all statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions. (B) Actively seek the cooperation of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities. (C) Eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority. (D) In collaboration with the Bureau of Labor Statistics and States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1). (E) Establish procedures for the system to ensure that— (i) such data and information are timely; (ii) paperwork and reporting for the system are reduced to a minimum; and (iii) States and localities are fully involved in the development and continuous improvement of the system at all levels. (c) National electronic tools To provide services The Secretary is authorized to assist in the development of national electronic tools that may be used to facilitate the delivery of work ready services described in section 134(c)(2) and to provide workforce information to individuals through the one-stop delivery systems described in section 121 and through other appropriate delivery systems. (d) Coordination with the states (1) In general The Secretary, working through the Bureau of Labor Statistics and the Employment and Training Administration, shall regularly consult with representatives of State agencies carrying out workforce information activities regarding strategies for improving the workforce and labor market information system. (2) Formal consultations At least twice each year, the Secretary, working through the Bureau of Labor Statistics, shall conduct formal consultations regarding programs carried out by the Bureau of Labor Statistics with representatives of each of the Federal regions of the Bureau of Labor Statistics, elected (pursuant to a process established by the Secretary) from the State directors affiliated with State agencies that perform the duties described in subsection (e)(2). (e) State responsibilities (1) In general In order to receive Federal financial assistance under this section, the Governor of a State shall— (A) be responsible for the management of the portions of the workforce and labor market information system described in subsection (a) that comprise a statewide workforce and labor market information system and for the State’s participation in the development of the annual plan; (B) establish a process for the oversight of such system; (C) consult with State and local employers, participants, and local workforce investment boards about the labor market relevance of the data to be collected and disseminated through the statewide workforce and labor market information system; (D) consult with State educational agencies and local educational agencies concerning the provision of employment statistics in order to meet the needs of secondary school and postsecondary school students who seek such information; (E) collect and disseminate for the system, on behalf of the State and localities in the State, the information and data described in subparagraphs (A) and (B) of subsection (a)(1); (F) maintain and continuously improve the statewide workforce and labor market information system in accordance with this section; (G) perform contract and grant responsibilities for data collection, analysis, and dissemination for such system; (H) conduct such other data collection, analysis, and dissemination activities as will ensure an effective statewide workforce and labor market information system; (I) actively seek the participation of other State and local agencies in data collection, analysis, and dissemination activities in order to ensure complementarity, compatibility, and usefulness of data; (J) participate in the development of the annual plan described in subsection (c); and (K) utilize the quarterly records described in section 136(f)(2) to assist the State and other States in measuring State progress on State performance measures. (2) Rule of construction Nothing in this section shall be construed as limiting the ability of a Governor to conduct additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this section. (f) Nonduplication requirement None of the functions and activities carried out pursuant to this section shall duplicate the functions and activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $63,473,000 for fiscal year 2014 and each of the 6 succeeding fiscal years. (h) Definition In this section, the term local area means the smallest geographical area for which data can be produced with statistical reliability. . IV REPEALS AND CONFORMING AMENDMENTS 401. Repeals The following provisions are repealed: (1) Chapter 4 of subtitle B of title I, and sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503, and 506 of the Workforce Investment Act of 1998. (2) Title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ). (3) Sections 1 through 14 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ). (4) Twenty-First Century Workforce Commission Act ( 29 U.S.C. 2701 note). (5) Youth Conservation Corps Act of 1970 ( 16 U.S.C. 1701 et seq. ). (6) Section 821 of the Higher Education Amendments of 1998 ( 20 U.S.C. 1151 ) (Grants to States for workplace and community transition training for incarcerated individuals). (7) The Women in Apprenticeship and Nontraditional Occupations Act ( 29 U.S.C. 2501 et seq. ). (8) Sections 4103A and 4104 of title 38, United States Code. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 Section 104(k)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604 ) is amended by striking , training, . 403. Amendments to the Food and Nutrition Act of 2008 (a) Definition Section 3(t) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(t) ) is amended— (1) by striking and (2) and inserting (2) , and (2) by inserting before the period at the end the following: , and (3) when referencing employment and training activities under section 6(d)(4), a State board as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 ) . (b) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in subsection (d)(14) by striking section 6(d)(4)(I) and inserting section 6(d)(4)(C) , and (2) in subsection (g)(3) by striking constitutes adequate participation in an employment and training program under section 6(d) and inserting allows the individual to participate in employment and training activities under section 6(d)(4) . (c) Eligibility disqualifications Section 6(d)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4) ) is amended to read as follows: (4) Employment and training (A) Implementation Each State agency shall provide employment and training services authorized under section 134 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864 ) to eligible members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment. (B) Statewide workforce development system Consistent with subparagraph (A), employment and training services shall be provided through the statewide workforce development system, including the One-Stop delivery system, authorized by the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). (C) Reimbursements (i) Actual costs The State agency shall provide payments or reimbursement to participants served under this paragraph for— (I) the actual costs of transportation and other actual costs (other than dependent care costs) that are reasonably necessary and directly related to the individual participating in employment and training activities; and (II) the actual costs of such dependent care expenses that are determined by the State agency to be necessary for the individual to participate in employment and training activities (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) in a local area where an employment, training, or education program under title IV of such Act is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate. (ii) Service contracts and vouchers In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at its option, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household. (iii) Value of reimbursements The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall— (I) not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and (II) not be claimed as an employment-related expense for the purposes of the credit provided under section 21 of the Internal Revenue Code of 1986 ( 26 U.S.C. 21 ). . (d) Administration Section 11(e)(19) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(11) is amended to read as follows: (19) the plans of the State agency for providing employment and training services under section 6(d)(4); . (e) Administrative cost-Sharing and quality control Section 16(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 ) is amended— (1) in paragraph (1)— (A) in subparagraph (A) by striking carry out employment and training programs and inserting provide employment and training services to eligible households under section 6(d)(4) , and (B) in subparagraph (D) by striking operating an employment and training program and inserting providing employment and training services consistent with section 6(d)(4) , (2) in paragraph (3) by striking related to participation in an employment and training program and inserting the individual participating in employment and training activities , (3) in paragraph (4) by striking for operating an employment and training program and inserting to provide employment and training services , and (4) by amending paragraph (5) to read as follows: (5) Monitoring The Secretary, in conjunction with the Secretary of Labor, shall monitor each State agency responsible for administering employment and training services under section 6(d)(4) to ensure funds are being spent effectively and efficiently. Each program of employment and training receiving funds under section 6(d)(4) shall be subject to the requirements of the performance accountability system, including having to meet the state performance measures included in section 136 of the Workforce Investment Act ( 29 U.S.C. 2871 ). . (f) Research, demonstration, and evaluations Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ) is amended— (1) in subsection (b) by striking paragraph (3), and (2) in subsection (g)— (A) by inserting , in conjunction with the Secretary of Labor, after Secretary , and (B) by striking programs established and inserting activities provided to eligible households . (g) Minnesota family investment project Section 22(b)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2031(b)(4) ) is amended by striking equivalent to those offered under the employment and training program . 404. Amendments to section 412 of the Immigration and Nationality Act (a) Conditions and considerations Section 412(a) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by striking make available sufficient resources for employment training and placement and inserting provide refugees with the opportunity to access employment and training services, including job placement, ; and (B) in subparagraph (B)(ii), by striking services; and inserting services provided through the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ); ; (2) in paragraph (2)(C)(iii)(II), by inserting and training after employment ; (3) in paragraph (6)(A)(ii)— (A) by striking insure and inserting ensure ; (B) by inserting and training after employment ; and (C) by inserting after available the following: through the one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 ) ; and (4) in paragraph (9), by inserting the Secretary of Labor, after Education, . (b) Program of initial resettlement Section 412(b)(2) of such Act ( 8 U.S.C. 1522(b)(2) ) is amended— (1) by striking orientation, instruction and inserting orientation and instruction ; and (2) by striking , and job training for refugees, and such other education and training of refugees, as facilitates and inserting for refugees to facilitate . (c) Project grants and contracts for services for refugees Section 412(c) of such Act ( 8 U.S.C. 1522(c) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by inserting and training after employment ; and (B) by striking subparagraph (C); (2) in paragraph (2)(B), by striking paragraph— through in a manner and inserting paragraph in a manner ; and (3) by adding at the end the following: (3) In carrying out this section, the Director shall ensure that employment and training services are provided through the statewide workforce development system, as appropriate, authorized by the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). Such action may include— (A) making employment and training services as described under section 134 of such Act ( 29 U.S.C. 2864 ) available to refugees; and (B) providing refugees with access to a one-stop delivery system under section 121 of such Act ( 29 U.S.C. 2841 ). . (d) Cash assistance and medical assistance to refugees Section 412(e) of such Act ( 8 U.S.C. 1522(e) ) is amended— (1) in paragraph (2)(A)(i), by inserting and training after providing employment ; and (2) in paragraph (3), by striking The and inserting Consistent with subsection (c)(3), the . 405. Amendments relating to the Second Chance Act of 2007 (a) Federal Prisoner Reentry Initiative Section 231 of the Second Chance Act of 2007 ( 42 U.S.C. 17541 ) is amended— (1) in subsection (a)(1)(E)— (A) by inserting the Department of Labor and before other Federal agencies ; and (B) by inserting State and local workforce investment boards, after community-based organizations, ; (2) in subsection (c)— (A) in paragraph (2), by striking at the end and ; (B) in paragraph (3), by striking at the end the period and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) to coordinate reentry programs with the employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ). ; and (3) in subsection (d), by adding at the end the following new paragraph: (6) Interaction with the workforce investment system (A) In general In carrying out this section, the Director shall ensure that employment and training services, including such employment and services offered through reentry programs, are provided, as appropriate, through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ). Such action may include— (i) making employment and training services available to prisoners prior to and immediately following the release of such prisoners; or (ii) providing prisoners with access by remote means to a one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 ) in the State in which the prison involved is located. (B) Service defined In this paragraph, the term employment and training services means those services described in section 134 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864 ) offered by the Bureau of Prisons, including— (i) the skills assessment described in subsection (a)(1)(A); (ii) the skills development plan described in subsection (a)(1)(B); and (iii) the enhancement, development, and implementation of reentry and skills development programs. . (b) Duties of the Bureau of Prisons Section 4042(a)(5)(E) of title 18, United States Code, is amended— (1) in clause (ii), by striking Employment and inserting Employment and training services (as defined in paragraph (6) of section 231(d) of the Second Chance Act of 2007), including basic skills attainment, consistent with such paragraph ; (2) by striking clause (iii); and (3) by redesignating clauses (iv), (v), (vi), and (vii) as clauses (iii), (iv), (v), and (vi), respectively. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968 Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking vocational and inserting career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) and training ; (B) by redesignating each of paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (4) coordinating employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ), including a one-stop delivery system under section 121 of such Act ( 29 U.S.C. 2841 ), for offenders upon release from prison, jail, or a juvenile facility, as appropriate; ; (2) in subsection (d)(2), by inserting , including local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832 ), after nonprofit organizations ; (3) in subsection (e)— (A) in paragraph (3), by striking victim services, and employment services and inserting and victim services ; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (4) provides employment and training services through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ), including a one-stop delivery system under section 121 of such Act ( 29 U.S.C. 2841 ); and ; (4) in subsection (k)— (A) in paragraph (1)(A), by inserting , in accordance with paragraph (2) after under this section ; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following new paragraph: (2) Employment and training The Attorney General shall require each grantee under this section to measure the core indicators of performance as described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(b)(2)(A) ) with respect to the program of such grantee funded with a grant under this section. . 407. Conforming amendments to the United States Code Title 38, United States Code, is amended— (1) by striking the item relating to section 4103A and section 4104 in the table of sections at the beginning of chapter 41 of such title; (2) in section 4102A— (A) in subsection (b)— (i) by striking paragraphs (5), (6), and (7); (ii) by redesignating paragraph (8) as paragraph (5); (B) by striking subsections (c) and (h); (C) by redesignating subsection (d), (e), (f), and (g) as subsection (c), (d), (e), and (f); (D) in subsection (e)(1) (as so redesignated)— (i) by striking , including disabled veterans’ outreach program specialists and local veterans' employment representatives providing employment, training, and placement services under this chapter in a State ; and (ii) by striking for purposes of subsection (c) . (3) in section 4109(a), by striking disabled veterans’ outreach program specialists and local veterans’ employment representative and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; (4) in section 4109(d)(1), by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; (5) in section 4112(d)— (A) in paragraph (1), by striking disabled veterans’ outreach program specialist and inserting veteran employment specialist appointed under section 134(f) of the Workforce Investment Act of 1998 ; and (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (6) in section 3672(d)(1), by striking disabled veterans’ outreach program specialists under section 4103A and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; and (7) in section 4104A— (A) in subsection (b)(1), by striking subparagraph (A) and inserting the following: (A) the appropriate veteran employment specialist (in carrying out the functions described in section 134(f) of the Workforce Investment Act of 1998); ; and (B) in subsection (c)(1), by striking subparagraph (A) and inserting the following: (A) collaborate with the appropriate veteran employment specialist (as described in section 134(f)) and the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )); . 408. Conforming amendment to table of contents The table of contents in section 1(b) is amended to read as follows: Sec. 1. Short title; table of contents. TITLE I—WORKFORCE INVESTMENT SYSTEMS Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 106. Purpose. Chapter 1—State Provisions Sec. 111. State workforce investment boards. Sec. 112. State plan. Chapter 2—Local Provisions Sec. 116. Local workforce investment areas. Sec. 117. Local workforce investment boards. Sec. 118. Local plan. Chapter 3—Workforce Investment Activities Providers Sec. 121. Establishment of one-stop delivery systems. Sec. 122. Identification of eligible providers of training services. Sec. 123. [Repealed]. Chapter 4—[Repealed] Chapter 5—Employment and Training Activities Sec. 131. General authorization. Sec. 132. State allotments. Sec. 133. Within State allocations. Sec. 134. Use of funds for employment and training activities. Chapter 6—General Provisions Sec. 136. Performance accountability system. Sec. 137. Authorization of appropriations. Subtitle C—Job Corps Sec. 141. Purposes. Sec. 142. Definitions. Sec. 143. Establishment. Sec. 144. Individuals eligible for the Job Corps. Sec. 145. Recruitment, screening, selection, and assignment of enrollees. Sec. 146. Enrollment. Sec. 147. Job Corps centers. Sec. 148. Program activities. Sec. 149. Counseling and job placement. Sec. 150. Support. Sec. 151. Operations. Sec. 152. Standards of conduct. Sec. 153. Community participation. Sec. 154. Workforce councils. Sec. 155. [Repealed]. Sec. 156. Technical assistance to centers. Sec. 157. Application of provisions of Federal law. Sec. 158. Special provisions. Sec. 159. Performance accountability and management. Sec. 160. General provisions. Sec. 161. Authorization of appropriations. Subtitle D—National Programs Sec. 166. [Repealed]. Sec. 167. [Repealed]. Sec. 168. [Repealed]. Sec. 169. [Repealed]. Sec. 170. Technical assistance. Sec. 171. [Repealed]. Sec. 172. Evaluations. Sec. 173. [Repealed]. Sec. 173A. [Repealed]. Sec. 174. [Repealed]. Subtitle E—Administration Sec. 181. Requirements and restrictions. Sec. 182. Prompt allocation of funds. Sec. 183. Monitoring. Sec. 184. Fiscal controls; sanctions. Sec. 185. Reports; recordkeeping; investigations. Sec. 186. Administrative adjudication. Sec. 187. Judicial review. Sec. 188. Nondiscrimination. Sec. 189. Administrative provisions. Sec. 190. References. Sec. 191. State legislative authority. Sec. 192. [Repealed]. Sec. 193. Transfer of Federal equity in State employment security real property to the States. Sec. 194. [Repealed]. Sec. 195. General program requirements. Sec. 196. Federal agency staff. Subtitle F—Repeals and Conforming Amendments Sec. 199. Repeals. Sec. 199A. Conforming amendments. TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Definitions. Sec. 204. Home schools. Sec. 205. Authorization of appropriations. Subtitle A—Federal Provisions Sec. 211. Reservation of funds; grants to eligible agencies; allotments. Sec. 212. Performance accountability system. Subtitle B—State Provisions Sec. 221. State administration. Sec. 222. State distribution of funds; matching requirement. Sec. 223. State leadership activities. Sec. 224. State plan. Sec. 225. Programs for corrections education and other institutionalized individuals. Subtitle C—Local Provisions Sec. 231. Grants and contracts for eligible providers. Sec. 232. Local application. Sec. 233. Local administrative cost limits. Subtitle D—General Provisions Sec. 241. Administrative provisions. Sec. 242. National activities. TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES Subtitle A—Wagner-Peyser Act Sec. 301. Definitions. Sec. 302. Functions. Sec. 303. Designation of State agencies. Sec. 304. Appropriations. Sec. 305. Disposition of allotted funds. Sec. 306. State plans. Sec. 307. Repeal of Federal advisory council. Sec. 308. Regulations. Sec. 309. Employment statistics. Sec. 310. Technical amendments. Sec. 311. Effective date. Subtitle B—Linkages With Other Programs Sec. 321. Trade Act of 1974. Sec. 322. Veterans' employment programs. Sec. 323. Older Americans Act of 1965. Subtitle C—[Repealed] Subtitle D—Application of Civil Rights and Labor-Management Laws to the Smithsonian Institution Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998 Sec. 401. Short title. Sec. 402. Title. Sec. 403. General provisions. Sec. 404. Vocational rehabilitation services. Sec. 405. Research and training. Sec. 406. Professional development and special projects and demonstrations. Sec. 407. National Council on Disability. Sec. 408. Rights and advocacy. Sec. 409. Employment opportunities for individuals with disabilities. Sec. 410. Independent living services and centers for independent living. Sec. 411. [Repealed]. Sec. 412. Helen Keller National Center Act. Sec. 413. President's Committee on Employment of People With Disabilities. Sec. 414. Conforming amendments. TITLE V—GENERAL PROVISIONS Sec. 501. State unified plan. Sec. 502. [Repealed]. Sec. 503. [Repealed]. Sec. 504. Privacy. Sec. 505. Buy-American requirements. Sec. 506. [Repealed]. Sec. 507. Effective date. . V AMENDMENTS TO THE REHABILITATION ACT OF 1973 501. Findings Section 2(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 701(a) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period and inserting ; and ; and (3) by adding at the end the following: (7) there is a substantial need to improve and expand services for students with disabilities under this Act. . 502. Rehabilitation services administration (a) Rehabilitation services administration The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is amended— (1) in section 3(a) ( 29 U.S.C. 702(a) )— (A) by striking Office of the Secretary and inserting Department of Education ; (B) by striking President by and with the advice and consent of the Senate and inserting Secretary ; and (C) by striking , and the Commissioner shall be the principal officer, ; (2) by striking Commissioner each place it appears (except in section 21) and inserting Director ; (3) in section 12(c) ( 29 U.S.C. 709 ), by striking Commissioner’s and inserting Director’s ; (4) in the heading for subparagraph (B) of section 100(d)(2), by striking commissioner and inserting director ; (5) in the heading for section 706, by striking commissioner and inserting director ; (6) in the heading for paragraph (3) of section 723(a), by striking commissioner and inserting director ; and (7) in section 21 ( 29 U.S.C. 718 )— (A) in subsection (b)(1)— (i) by striking Commissioner the first place it appears and inserting Director of the Rehabilitation Services Administration ; (ii) by striking (referred to in this subsection as the Director ) ; and (iii) by striking The Commissioner and the Director and inserting Both such Directors ; and (B) by striking the Commissioner and the Director each place it appears and inserting both such Directors . (b) Effective date; application The amendments made by subsection (a) shall— (1) take effect on the date of the enactment of this Act; and (2) apply with respect to the appointments of Directors of the Rehabilitation Services Administration made on or after the date of enactment of this Act, and the Directors so appointed. 503. Definitions Section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) is amended— (1) by redesignating paragraphs (35) through (39) as paragraphs (36) through (40), respectively; (2) in subparagraph (A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking paragraph (36)(C) and inserting paragraph (37)(C) ; and (3) by inserting after paragraph (34) the following: (35) (A) The term student with a disability means an individual with a disability who— (i) is not younger than 16 and not older than 21; (ii) has been determined to be eligible under section 102(a) for assistance under this title; and (iii) (I) is eligible for, and is receiving, special education under part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ); or (II) is an individual with a disability, for purposes of section 504. (B) The term students with disabilities means more than 1 student with a disability. . 504. State plan Section 101(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a) ) is amended— (1) in paragraph (10)(B) by striking on the eligible individuals and all that follows through section 136(d)(2) and inserting of information necessary to assess the State’s performance on the core indicators of performance described in section 136(b)(2)(A) ; (2) in paragraph (11)— (A) in subparagraph (D)(i), by inserting before the semicolon the following: , which may be provided using alternative means of meeting participation (such as video conferences and conference calls) ; and (B) by adding at the end the following: (G) Coordination with assistive technology programs The State plan shall include an assurance that the designated State unit and the lead agency or implementing entity responsible for carrying out duties under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ) have developed working relationships and coordinate their activities. ; (3) in paragraph (15)— (A) in subparagraph (A)— (i) in clause (i)— (I) in subclause (II), by striking and at the end; (II) in subclause (III), by adding and at the end; and (III) by adding at the end the following: (IV) students with disabilities, including their need for transition services; ; (ii) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (iii) by inserting after clause (i) the following: (ii) include an assessment of the transition services provided under this Act, and coordinated with transition services under the Individuals with Disabilities Education Act, as to those services meeting the needs of individuals with disabilities; ; and (B) in subparagraph (D)— (i) by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; and (ii) by inserting after clause (ii) the following: (iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to the receipt of vocational rehabilitation services under this title or to postsecondary education or employment; ; (4) in paragraph (22)— (A) by striking carrying out part B of title VI, including ; and (B) by striking that part to supplement funds made available under part B of ; (5) in paragraph (24)(A), by striking part A of title VI and inserting section 109A ; and (6) by adding at the end the following: (25) Collaboration with industry The State plan shall describe how the designated State agency will carry out the provisions of section 109A, including— (A) the criteria such agency will use to award grants under such section; and (B) how the activities carried out under such grants will be coordinated with other services provided under this title. (26) Services for students with disabilities The State plan shall provide an assurance satisfactory to the Secretary that the State— (A) has developed and implemented strategies to address the needs identified in the assessment described in paragraph (15), and achieve the goals and priorities identified by the State, to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis in accordance with paragraph (15); and (B) from funds reserved under section 110A, shall carry out programs or activities designed to improve and expand vocational rehabilitation services for students with disabilities that— (i) facilitate the transition of students with disabilities from the receipt of educational services in school, to the receipt of vocational rehabilitation services under this title, including, at a minimum, those services specified in the interagency agreement required in paragraph (11)(D); (ii) improve the achievement of post-school goals of students with disabilities, including improving the achievement through participation (as appropriate when career goals are discussed) in meetings regarding individualized education programs developed under section 614 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414 ); (iii) provide career guidance, career exploration services, job search skills and strategies, and technical assistance to students with disabilities; (iv) support the provision of training and technical assistance to State and local educational agencies and designated State agency personnel responsible for the planning and provision of services to students with disabilities; and (v) support outreach activities to students with disabilities who are eligible for, and need, services under this title. . 505. Scope of services Section 103 of the Rehabilitation Act of 1973 ( 29 U.S.C. 723 ) is amended— (1) in subsection (a), by striking paragraph (15) and inserting the following: (15) transition services for students with disabilities, that facilitate the achievement of the employment outcome identified in the individualized plan for employment, including services described in clauses (i) through (iii) of section 101(a)(26)(B); ; (2) in subsection (b), by striking paragraph (6) and inserting the following: (6) (A) (i) Consultation and technical assistance services to assist State and local educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment. (ii) Training and technical assistance described in section 101(a)(26)(B)(iv). (B) Services for groups of individuals with disabilities who meet the requirements of clauses (i) and (iii) of section 7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of section 101(a)(26)(B), to assist in the transition from school to post-school activities. ; and (3) in subsection (b) by inserting at the end, the following: (7) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 ) to promote access to assistive technology for individuals with disabilities and employers. . 506. Standards and indicators Section 106 of the Rehabilitation Act of 1973 ( 29 U.S.C. 726(a) ) is amended— (1) by striking subsection (a) and inserting the following: (a) Standards and indicators The performance standards and indicators for the vocational rehabilitation program carried out under this title— (1) shall be subject to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act of 1998; and (2) may, at a State’s discretion, include additional indicators identified in the State plan submitted under section 101. ; and (2) in subsection (b)(2)(B), by striking clause (i) and inserting the following: (i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Director, direct the State to make revisions to the plan to improve performance; and . 507. Collaboration with industry The Rehabilitation Act of 1973 is amended by inserting after section 109 ( 29 U.S.C. 729 ) the following: 109A. Collaboration with industry (a) Authority A State shall use not less than one-half of one percent of the payment the State receives under section 111 for a fiscal year to award grants to eligible entities to create practical job and career readiness and training programs, and to provide job placements and career advancement. (b) Application To receive a grant under this section, an eligible entity shall submit an application to a designated State agency at such time, in such manner, and containing such information as such agency shall require. Such application shall include, at a minimum— (1) a plan for evaluating the effectiveness of the program; (2) a plan for collecting and reporting the data and information described under subparagraphs (A) through (C) of section 101(a)(10), as determined appropriate by the designated State agency; and (3) a plan for providing for the non-Federal share of the costs of the program. (c) Activities An eligible entity receiving a grant under this section shall use the grant funds to carry out a program that provides one or more of the following: (1) Job development, job placement, and career advancement services for individuals with disabilities. (2) Training in realistic work settings in order to prepare individuals with disabilities for employment and career advancement in the competitive market. (3) Providing individuals with disabilities with such support services as may be required in order to maintain the employment and career advancement for which the individuals have received training. (d) Awards Grants under this section shall— (1) be awarded for a period not to exceed 5 years; and (2) be awarded competitively. (e) Eligible entity defined For the purposes of this section, the term eligible entity means a for-profit business, alone or in partnership with one or more of the following: (1) Community rehabilitation program providers. (2) Indian tribes. (3) Tribal organizations. (f) Federal share The Federal share of a program under this section shall not exceed 80 percent of the costs of the program. (g) Eligibility for services An individual shall be eligible for services provided under a program under this section if the individual is determined under section 102(a)(1) to be eligible for assistance under this title. . 508. Reservation for expanded transition services The Rehabilitation Act of 1973 is amended by inserting after section 110 ( 29 U.S.C. 730 ) the following: 110A. Reservation for expanded transition services Each State shall reserve not less than 10 percent of the funds allotted to the State under section 110(a) to carry out programs and activities under sections 101(a)(26)(B) and 103(b)(6). . 509. Client assistance program Section 112(e)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 732(e)(1) ) is amended by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: (D) The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. The amount of such grants shall be the same as provided to territories under this subsection. . 510. Title III amendments Title III of the Rehabilitation Act of 1973 ( 29 U.S.C. 771 et seq. ) is amended— (1) in section 301(a)— (A) in paragraph (2), by inserting and at the end; (B) by striking paragraphs (3) and (4); and (C) by redesignating paragraph (5) as paragraph (3); (2) in section 302(g)— (A) in the heading, by striking And In-Service Training ; and (B) by striking paragraph (3); (3) in section 303(c)— (A) in paragraph (4)— (i) by amending subparagraph (A)(ii) to read as follows: (ii) to coordinate and work closely with the parent training and information centers established pursuant to section 671 of the Individuals with Disabilities Education Act, the community parent resource centers established pursuant to section 672 of such Act, and the eligible entities receiving awards under section 673 of such Act; and ; and (ii) in subparagraph (C), by inserting , and demonstrate the capacity for serving, after serve ; and (B) by adding at the end the following: (8) Reservation From the amount appropriated to carry out this subsection for a fiscal year, 20 percent of such amount or $500,000, whichever is less, shall be reserved to carry out paragraph (6). ; (4) by striking sections 304 and 305; and (5) by redesignating section 306 as section 304. 511. Repeal of title VI The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is amended by repealing title VI. 512. Chairperson Section 705(b)(5) of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d(b)(5) ) is amended to read as follows: (5) Chairperson The Council shall select a chairperson from among the voting membership of the Council. . 513. Authorizations of appropriations The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is further amended— (1) in section 100(b)(1) ( 29 U.S.C. 720(b)(1) ), by striking such sums as may be necessary for fiscal years 1999 through 2003 and inserting $3,121,712,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (2) in section 110(c) ( 29 U.S.C. 730(c) ), by amending paragraph (2) to read as follows: (2) The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1) for each of fiscal years 2014 through 2020. ; (3) in section 112(h) ( 29 U.S.C. 732(h) ) by striking such sums as may be necessary for fiscal years 1999 through 2003 and inserting $12,240,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (4) by amending subsection (a) of section 201 ( 29 U.S.C. 761(a) ) to read as follows: (a) There are authorized to be appropriated $108,817,000 for fiscal year 2014 and each of the 6 succeeding fiscal years to carry out this title. ; (5) in section 302(i) ( 29 U.S.C. 772(i) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $35,515,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (6) in section 303(e) ( 29 U.S.C. 773(e) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $5,325,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (7) in section 405 ( 29 U.S.C. 785 ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $3,258,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (8) in section 502(j) ( 29 U.S.C. 792(j) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $7,400,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (9) in section 509(l) ( 29 U.S.C. 794e(l) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $18,031,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (10) in section 714 ( 29 U.S.C. 796e–3 ), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $23,359,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (11) in section 727 ( 29 U.S.C. 796f–6 ), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $79,953,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; and (12) in section 753 ( 29 U.S.C. 7961 ), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $34,018,000 for fiscal year 2014 and each of the 6 succeeding fiscal years . 514. Conforming amendments Section 1(b) of the Rehabilitation Act of 1973 is amended— (1) by inserting after the item relating to section 109 the following: Sec. 109A. Collaboration with industry. ; (2) by inserting after the item relating to section 110 the following: Sec. 110A. Reservation for expanded transition services. ; (3) by striking the item related to section 304 and inserting the following: Sec. 304. Measuring of project outcomes and performance. ; (4) by striking the items related to sections 305 and 306; and (5) by striking the items related to title VI.\n\nMarch 12, 2013 Reported from the Committee on Education and the Workforce with an amendment March 12, 2013 The Committees on the Judiciary , Agriculture , Veterans' Affairs , Energy and Commerce , and Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed"}}},{"rowIdx":1527,"cells":{"tv_id":{"kind":"string","value":"113-hr-804-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-804"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":804,"string":"804"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr804ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr804ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:48.080"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 804 IH: Smarter Than Sequester Defense Spending Reduction Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-25\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Finding\n \n \n Congress can keep the faith with those who\n\t\t\t have sacrificed for our Nation, avoid cuts that harm our strategic posture, and\n\t\t\t still achieve spending reduction by implementing targeted reforms instead of\n\t\t\t allowing haphazard spending cuts to happen through sequestration.\n \n \n \n \n 3.\n \n \n Cancellation of\n\t\t\t 251A sequester and implementation of reduced spending plan for the Department\n\t\t\t of Defense\n \n \n Section 251A of the\n\t\t\t Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding\n\t\t\t at the end the following:\n \n \n \n \n (12)\n \n \n Notwithstanding the requirements of this\n\t\t\t\tsection, an order by the President to carry out a sequestration under\n\t\t\t\tparagraphs (7) or (8) with respect to the revised security category shall have\n\t\t\t\tno force or effect.\n \n \n \n \n (13)\n \n \n Notwithstanding\n\t\t\t\tany other provision of law, the Department of Defense shall formulate and\n\t\t\t\timplement a plan to reduce spending over the 10-year period beginning on the\n\t\t\t\tdate of enactment of this Act. Such plan shall include a reduction in\n\t\t\t\tspending—\n \n \n \n (A)\n \n \n of not less than $100,000,000,000 by\n\t\t\t\tadopting\n \n sea swap\n \n policies relating to rotating crew for cruisers,\n\t\t\t\tdestroyers, and amphibious ships;\n \n \n \n \n (B)\n \n \n of not less than $53,000,000,000 by\n\t\t\t\treplacing the current 88,000 military personnel who perform clearly\n\t\t\t\tcommercial-type activities at military bases with 62,000 local civilian\n\t\t\t\tcontractors instead, and reducing end strengths to reflect such\n\t\t\t\treplacement;\n \n \n \n \n (C)\n \n \n of not less than $52,500,000,000 by\n\t\t\t\ttransferring 65,000 members of the Armed Forces serving on active duty to the\n\t\t\t\tNational Guard and Reserve, respectively, and modifying the end strengths to\n\t\t\t\treflect such transfer;\n \n \n \n \n (D)\n \n \n of not less than $52,000,000,000 by\n\t\t\t\treducing total planned spending on\n \n Other Procurement\n \n by the Army,\n\t\t\t\tNavy, and Air Force;\n \n \n \n \n (E)\n \n \n of not less than $36,700,000,000 by\n\t\t\t\treducing the number of Department of Defense civilian employee positions by\n\t\t\t\t100,000 through retirement and voluntary attrition;\n \n \n \n \n (F)\n \n \n of not less than $20,000,000,000 by\n\t\t\t\tremoving all Brigade Combat Teams and tactical aircraft assets, as well as the\n\t\t\t\tpersonnel maintaining and supporting them, from European deployment;\n \n \n \n \n (G)\n \n \n of not less than $15,000,000,000 by\n\t\t\t\treducing spending on contractor augmentees;\n \n \n \n \n (H)\n \n \n of not less than $9,000,000,000 by reducing\n\t\t\t\tplanned spending on experimental fuel procurement;\n \n \n \n \n (I)\n \n \n of not less than $7,100,000,000 by\n\t\t\t\tconsolidating the management of the Army and Air Force Exchange Service, the\n\t\t\t\tNavy Exchange Service Command, and the Marine Corps exchanges and creating\n\t\t\t\tefficiencies to provide savings;\n \n \n \n \n (J)\n \n \n of not less than $7,000,000,000 by\n\t\t\t\tpostponing procurement of the Ground Combat Vehicle by the Army until at least\n\t\t\t\t2023;\n \n \n \n \n (K)\n \n \n of not less than $4,600,000,000 by\n\t\t\t\testablishing a unified medical command;\n \n \n \n \n (L)\n \n \n of not less than $3,000,000,000 by delaying\n\t\t\t\trefurbishment of the Abrams tank for at least 3 years;\n \n \n \n \n (M)\n \n \n of not less than $1,800,000,000 by reducing\n\t\t\t\tannual spending on all military bands to $200,000,000 for 10 years;\n \n \n \n \n (N)\n \n \n of not less than $800,000,000 by reducing\n\t\t\t\tthe total number of general officers and flag officers; and\n \n \n \n \n (O)\n \n \n of not less than $150,000,000,000 through\n\t\t\t\tannual reductions in spending initiated by the Department of Defense through\n\t\t\t\treducing programs and activities which do not contribute significantly to\n\t\t\t\tmilitary\n\t\t\t\tcapability.\n \n \n \n \n .\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 804 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Coffman introduced the following bill; which was referred to the Committee on the Budget A BILL To cancel the 251A sequester for the revised security category and to provide for a reduced spending plan with respect to the Department of Defense, and for other purposes.\n\n1. Short title This Act may be cited as the Smarter Than Sequester Defense Spending Reduction Act . 2. Finding Congress can keep the faith with those who have sacrificed for our Nation, avoid cuts that harm our strategic posture, and still achieve spending reduction by implementing targeted reforms instead of allowing haphazard spending cuts to happen through sequestration. 3. Cancellation of 251A sequester and implementation of reduced spending plan for the Department of Defense Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following: (12) Notwithstanding the requirements of this section, an order by the President to carry out a sequestration under paragraphs (7) or (8) with respect to the revised security category shall have no force or effect. (13) Notwithstanding any other provision of law, the Department of Defense shall formulate and implement a plan to reduce spending over the 10-year period beginning on the date of enactment of this Act. Such plan shall include a reduction in spending— (A) of not less than $100,000,000,000 by adopting sea swap policies relating to rotating crew for cruisers, destroyers, and amphibious ships; (B) of not less than $53,000,000,000 by replacing the current 88,000 military personnel who perform clearly commercial-type activities at military bases with 62,000 local civilian contractors instead, and reducing end strengths to reflect such replacement; (C) of not less than $52,500,000,000 by transferring 65,000 members of the Armed Forces serving on active duty to the National Guard and Reserve, respectively, and modifying the end strengths to reflect such transfer; (D) of not less than $52,000,000,000 by reducing total planned spending on Other Procurement by the Army, Navy, and Air Force; (E) of not less than $36,700,000,000 by reducing the number of Department of Defense civilian employee positions by 100,000 through retirement and voluntary attrition; (F) of not less than $20,000,000,000 by removing all Brigade Combat Teams and tactical aircraft assets, as well as the personnel maintaining and supporting them, from European deployment; (G) of not less than $15,000,000,000 by reducing spending on contractor augmentees; (H) of not less than $9,000,000,000 by reducing planned spending on experimental fuel procurement; (I) of not less than $7,100,000,000 by consolidating the management of the Army and Air Force Exchange Service, the Navy Exchange Service Command, and the Marine Corps exchanges and creating efficiencies to provide savings; (J) of not less than $7,000,000,000 by postponing procurement of the Ground Combat Vehicle by the Army until at least 2023; (K) of not less than $4,600,000,000 by establishing a unified medical command; (L) of not less than $3,000,000,000 by delaying refurbishment of the Abrams tank for at least 3 years; (M) of not less than $1,800,000,000 by reducing annual spending on all military bands to $200,000,000 for 10 years; (N) of not less than $800,000,000 by reducing the total number of general officers and flag officers; and (O) of not less than $150,000,000,000 through annual reductions in spending initiated by the Department of Defense through reducing programs and activities which do not contribute significantly to military capability. ."}}},{"rowIdx":1528,"cells":{"tv_id":{"kind":"string","value":"113-hr-805-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-805"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":805,"string":"805"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr805ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr805ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:48.184"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 805 IH: Quality Improvement Organization Program Restoration Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-25\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Repeal of changes\n\t\t\t to contracts with Medicare QIOs\n \n \n Section 261 of the Trade Adjustment\n\t\t\t Assistance Extension Act of 2011 (relating to contracts with Quality\n\t\t\t Improvement Organizations) is repealed and the provisions of law amended by\n\t\t\t such section are restored as if such section had never been enacted.\n \n \n \n \n 3.\n \n \n Quality\n\t\t\t improvement funding\n \n \n Section\n\t\t\t 1159 of the Social Security Act (\n \n 42 U.S.C. 1320c–8\n \n ) is amended—\n \n \n \n (1)\n \n \n by striking\n \n \n \n \n (2)\n \n \n by adding at the\n\t\t\t end the following new subsection:\n \n \n \n \n (b)\n \n \n \n (1)\n \n \n With respect to any\n\t\t\t\t3-year period for which 3-year contracts are entered into under this part for\n\t\t\t\tcontract periods beginning on or after August 1, 2014, and ending on or before\n\t\t\t\tJuly 31, 2021, the aggregate amount of funds payable during any such 3-year\n\t\t\t\tperiod for such contracts shall not exceed $1,674,000,000.\n \n \n \n \n (2)\n \n \n For any contract period beginning on\n\t\t\t\tor after August 1, 2014, at least 80 percent of the funds to carry out this\n\t\t\t\tpart shall be expended to directly fund the contracts with utilization and\n\t\t\t\tquality control peer review organizations under section 1153(b).\n \n \n \n \n (3)\n \n \n In order to reduce spending of the\n\t\t\t\tamount in paragraph (1) by $330,000,000, for the period beginning on October 1,\n\t\t\t\t2014, and ending on September 30, 2021, the aggregate amount of funds payable\n\t\t\t\tfor contracts under this part shall be reduced by\n\t\t\t\t$330,000,000.\n \n \n \n \n .\n \n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 805 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Price of Georgia (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal certain changes to contracts with Medicare Quality Improvement Organizations, and for other purposes.\n\n1. Short title This Act may be cited as the Quality Improvement Organization Program Restoration Act . 2. Repeal of changes to contracts with Medicare QIOs Section 261 of the Trade Adjustment Assistance Extension Act of 2011 (relating to contracts with Quality Improvement Organizations) is repealed and the provisions of law amended by such section are restored as if such section had never been enacted. 3. Quality improvement funding Section 1159 of the Social Security Act ( 42 U.S.C. 1320c–8 ) is amended— (1) by striking Expenses incurred and inserting (a) Expenses incurred ; and (2) by adding at the end the following new subsection: (b) (1) With respect to any 3-year period for which 3-year contracts are entered into under this part for contract periods beginning on or after August 1, 2014, and ending on or before July 31, 2021, the aggregate amount of funds payable during any such 3-year period for such contracts shall not exceed $1,674,000,000. (2) For any contract period beginning on or after August 1, 2014, at least 80 percent of the funds to carry out this part shall be expended to directly fund the contracts with utilization and quality control peer review organizations under section 1153(b). (3) In order to reduce spending of the amount in paragraph (1) by $330,000,000, for the period beginning on October 1, 2014, and ending on September 30, 2021, the aggregate amount of funds payable for contracts under this part shall be reduced by $330,000,000. ."}}},{"rowIdx":1529,"cells":{"tv_id":{"kind":"string","value":"113-hr-806-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-806"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":806,"string":"806"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr806ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr806ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:47.938"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 806 IH: To amend title 38, United States Code, to make permanent the requirement for annual reports on Comptroller General reviews of the accuracy of Department of Veterans Affairs medical budget submissions, and for other purposes.\n \n \n U.S. House of Representatives\n \n \n 2013-02-25\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Permanent requirement for\n\t\t\t annual reports on Comptroller General reviews of the accuracy of Department of\n\t\t\t Veterans Affairs medical budget submissions\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n Section 117 of title\n\t\t\t 38, United States Code, is amended by adding at the end the following new\n\t\t\t subsection:\n \n \n \n \n (e)\n \n \n Comptroller\n\t\t\t\tGeneral review of the accuracy of medical care budget submission in relation to\n\t\t\t\tbaseline health care model projection\n \n \n \n (1)\n \n \n The Comptroller General\n\t\t\t\tof the United States shall conduct a review of each budget of the President for\n\t\t\t\ta fiscal year that is submitted to Congress pursuant to section 1105(a) of\n\t\t\t\ttitle 31 in order to assess whether or not the relevant components of the\n\t\t\t\tamounts requested in such budget for such fiscal year for the medical care\n\t\t\t\taccounts of the Department specified in subsection (c) are consistent with\n\t\t\t\testimates of the resources required by the Department for the provision of\n\t\t\t\tmedical care and services in such fiscal year, as forecast using the Enrollee\n\t\t\t\tHealth Care Projection Model, or other methodologies used by the\n\t\t\t\tDepartment.\n \n \n \n \n (2)\n \n \n \n (A)\n \n \n Not later than 120 days\n\t\t\t\tafter the date on which the President submits a budget request for under\n \n section 1105\n \n of title 31, United States Code, the Comptroller General shall\n\t\t\t\tsubmit to the Committees on Veterans’ Affairs, Appropriations, and the Budget\n\t\t\t\tof the Senate and the Committees on Veterans’ Affairs, Appropriations, and the\n\t\t\t\tBudget of the House of Representatives and to the Secretary a report on the\n\t\t\t\treview conducted under paragraph (1) for the year or years covered by such\n\t\t\t\tbudget request.\n \n \n \n \n (B)\n \n \n Each report under this paragraph\n\t\t\t\tshall include, for the fiscal year covered by the report, the following:\n \n \n \n (i)\n \n \n An assessment of the review conducted\n\t\t\t\tunder paragraph (1).\n \n \n \n \n (ii)\n \n \n The basis for such assessment.\n \n \n \n \n (iii)\n \n \n Such additional information as the\n\t\t\t\tComptroller General determines appropriate.\n \n \n \n \n \n (C)\n \n \n Each report submitted under this\n\t\t\t\tsubsection shall also be made available to the\n\t\t\t\tpublic.\n \n \n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Conforming\n\t\t\t repeal\n \n \n Section 4 of the\n\t\t\t Veterans Health Care Budget Reform and Transparency Act of 2009 (Public Law\n\t\t\t 111–81) is hereby repealed.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 806 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Ms. Brownley of California introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to make permanent the requirement for annual reports on Comptroller General reviews of the accuracy of Department of Veterans Affairs medical budget submissions, and for other purposes.\n\n1. Permanent requirement for annual reports on Comptroller General reviews of the accuracy of Department of Veterans Affairs medical budget submissions (a) In general Section 117 of title 38, United States Code, is amended by adding at the end the following new subsection: (e) Comptroller General review of the accuracy of medical care budget submission in relation to baseline health care model projection (1) The Comptroller General of the United States shall conduct a review of each budget of the President for a fiscal year that is submitted to Congress pursuant to section 1105(a) of title 31 in order to assess whether or not the relevant components of the amounts requested in such budget for such fiscal year for the medical care accounts of the Department specified in subsection (c) are consistent with estimates of the resources required by the Department for the provision of medical care and services in such fiscal year, as forecast using the Enrollee Health Care Projection Model, or other methodologies used by the Department. (2) (A) Not later than 120 days after the date on which the President submits a budget request for under section 1105 of title 31, United States Code, the Comptroller General shall submit to the Committees on Veterans’ Affairs, Appropriations, and the Budget of the Senate and the Committees on Veterans’ Affairs, Appropriations, and the Budget of the House of Representatives and to the Secretary a report on the review conducted under paragraph (1) for the year or years covered by such budget request. (B) Each report under this paragraph shall include, for the fiscal year covered by the report, the following: (i) An assessment of the review conducted under paragraph (1). (ii) The basis for such assessment. (iii) Such additional information as the Comptroller General determines appropriate. (C) Each report submitted under this subsection shall also be made available to the public. . (b) Conforming repeal Section 4 of the Veterans Health Care Budget Reform and Transparency Act of 2009 (Public Law 111–81) is hereby repealed."}}},{"rowIdx":1530,"cells":{"tv_id":{"kind":"string","value":"113-hr-807-eh-dtd"},"legis_id":{"kind":"string","value":"113-hr-807"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":807,"string":"807"},"legis_version":{"kind":"string","value":"eh"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr807eh.xml"},"file_name":{"kind":"string","value":"BILLS-113hr807eh.xml"},"lastmod":{"kind":"string","value":"2023-01-07 11:21:03.958"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 807 EH: Full Faith and Credit Act\n \n \n U.S. House of Representatives\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Payment of principal and interest on public debt and social security trust funds\n \n \n \n (a)\n \n \n In general\n \n \n In the event that the debt of the United States Government, as defined in\n \n section 3101\n \n of title 31, United States Code, reaches the statutory limit, the Secretary of the Treasury shall, in addition to any other authority provided by law, issue obligations under\n \n chapter 31\n \n of title 31, United States Code, to pay with legal tender, and solely for the purpose of paying, the principal and interest on obligations of the United States described in subsection (b) after the date of the enactment of this Act.\n \n \n \n \n (b)\n \n \n Obligations described\n \n \n For purposes of this subsection, obligations described in this subsection are obligations which are—\n \n \n \n (1)\n \n \n held by the public, or\n \n \n \n \n (2)\n \n \n held by the Old-Age and Survivors Insurance Trust Fund and Disability Insurance Trust Fund.\n \n \n \n \n \n (c)\n \n \n Prohibition on compensation for Members of Congress\n \n \n None of the obligations issued under subsection (a) may be used to pay compensation for Members of Congress.\n \n \n \n \n (d)\n \n \n Obligations exempt from public debt limit\n \n \n Obligations issued under subsection (a) shall not be taken into account in applying the limitation in\n \n section 3101(b)\n \n of title 31, United States Code, to the extent that such obligation would otherwise cause the limitation in\n \n section 3101(b)\n \n of title 31, United States Code, to be exceeded.\n \n \n \n \n (e)\n \n \n Report on certain actions\n \n \n \n (1)\n \n \n In general\n \n \n If, after the date of the enactment of this Act, the Secretary of the Treasury exercises his authority under subsection (a), the Secretary shall thereafter submit a report each week the authority is in use providing an accounting relating to—\n \n \n \n (A)\n \n \n the principal on mature obligations and interest that is due or accrued of the United States, and\n \n \n \n \n (B)\n \n \n any obligations issued pursuant to subsection (a).\n \n \n \n \n \n (2)\n \n \n Submission\n \n \n The report required by paragraph (1) shall be submitted to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.\n \n \n \n \n \n \n \n \n Passed the House of Representatives May 9, 2013.\n \n \n Karen L. Haas,\n \n \n Clerk.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 807 IN THE HOUSE OF REPRESENTATIVES AN ACT To require that the Government prioritize all obligations on the debt held by the public in the event that the debt limit is reached.\n\n1. Short title This Act may be cited as the Full Faith and Credit Act . 2. Payment of principal and interest on public debt and social security trust funds (a) In general In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, the Secretary of the Treasury shall, in addition to any other authority provided by law, issue obligations under chapter 31 of title 31, United States Code, to pay with legal tender, and solely for the purpose of paying, the principal and interest on obligations of the United States described in subsection (b) after the date of the enactment of this Act. (b) Obligations described For purposes of this subsection, obligations described in this subsection are obligations which are— (1) held by the public, or (2) held by the Old-Age and Survivors Insurance Trust Fund and Disability Insurance Trust Fund. (c) Prohibition on compensation for Members of Congress None of the obligations issued under subsection (a) may be used to pay compensation for Members of Congress. (d) Obligations exempt from public debt limit Obligations issued under subsection (a) shall not be taken into account in applying the limitation in section 3101(b) of title 31, United States Code, to the extent that such obligation would otherwise cause the limitation in section 3101(b) of title 31, United States Code, to be exceeded. (e) Report on certain actions (1) In general If, after the date of the enactment of this Act, the Secretary of the Treasury exercises his authority under subsection (a), the Secretary shall thereafter submit a report each week the authority is in use providing an accounting relating to— (A) the principal on mature obligations and interest that is due or accrued of the United States, and (B) any obligations issued pursuant to subsection (a). (2) Submission The report required by paragraph (1) shall be submitted to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.\n\nPassed the House of Representatives May 9, 2013. Karen L. Haas, Clerk."}}},{"rowIdx":1531,"cells":{"tv_id":{"kind":"string","value":"113-hr-807-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-807"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":807,"string":"807"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr807ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr807ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:47.709"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 807 IH: Full Faith and Credit Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-25\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Findings\n \n \n Congress finds that:\n \n \n \n (1)\n \n \n The Act of\n\t\t\t Congress establishing the Treasury Department of 1789 states that the Secretary\n\t\t\t of the Treasury shall prepare plans for improving and managing the revenue of\n\t\t\t the United States Government and for the support of the public credit.\n \n \n \n \n (2)\n \n \n Section 321 of\n\t\t\t title 31, United States Code, codifies the duty\n \n \n \n \n (3)\n \n \n In carrying out\n\t\t\t the statutory responsibilities to\n \n \n \n \n (4)\n \n \n Such actions may\n\t\t\t include the forgoing of obligations not related to debt held by the public for\n\t\t\t a period of time deemed necessary by the Secretary as authorized under section\n\t\t\t 324 of title 31, United States Code, which states that—\n \n \n \n \n (a)\n \n \n The Secretary of the Treasury may—\n \n \n \n (1)\n \n \n dispose of\n\t\t\t\tobligations—\n \n \n \n (A)\n \n \n acquired by the\n\t\t\t\tSecretary for the United States Government; or\n \n \n \n \n (B)\n \n \n delivered by an\n\t\t\t\texecutive agency; and\n \n \n \n \n \n (2)\n \n \n make arrangements\n\t\t\t\tto extend the maturity of those obligations.\n \n \n \n \n \n (b)\n \n \n The Secretary may\n\t\t\t\tdispose or extend the maturity of obligations under subsection (a) of this\n\t\t\t\tsection in the way, in amounts, at prices (for cash, obligations, property, or\n\t\t\t\ta combination of cash, obligations, or property), and on conditions the\n\t\t\t\tSecretary considers advisable and in the public\n\t\t\t\tinterest.\n \n \n \n .\n \n \n \n \n \n \n 3.\n \n \n Duty to protect\n\t\t\t the full faith and credit of the United States Government\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n In the event that the\n\t\t\t debt of the United States Government, as defined in\n \n section 3101\n \n of title 31,\n\t\t\t United States Code, reaches the statutory limit, the authority of the\n\t\t\t Department of the Treasury provided in\n \n section 3123\n \n of title 31, United States\n\t\t\t Code, to pay with legal tender the principal and interest on debt held by the\n\t\t\t public shall take priority over all other obligations incurred by the\n\t\t\t Government of the United States.\n \n \n \n \n (b)\n \n \n Special rule for\n\t\t\t insufficiency of funds\n \n \n \n Section 324\n \n of title 31, United States\n\t\t\t Code, is amended by redesignating subsection (c) as subsection (e), and by\n\t\t\t inserting after subsection (b) the following:\n \n \n \n \n (c)\n \n \n If the Secretary expects that there will be\n\t\t\t\tinsufficient funds available to dispose of all obligations consisting of\n\t\t\t\tinterest and principal of the debt held by the public on the next calendar day\n\t\t\t\ton which such obligations are due, then the Secretary shall extend the\n\t\t\t\tmaturities of any other obligations under section (a) and refuse to issue\n\t\t\t\twarrants under section 321(a)(3) to the extent necessary to provide such funds\n\t\t\t\tas the Secretary deems prudent to dispose of obligations consisting of interest\n\t\t\t\tand principal of the debt held by the public for no less than the next 30\n\t\t\t\tcalendar days.\n \n \n \n \n (d)\n \n \n To the extent receipts exceed those\n\t\t\t\trequired to meet the Secretary’s obligation under subsection (c), the Secretary\n\t\t\t\tshall prioritize the disposal of obligations under subsection (a) and issuance\n\t\t\t\tof warrants under section 321(a)(3) in that order the Secretary considers\n\t\t\t\tadvisable and in the public interest.\n \n \n \n .\n \n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 807 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. McClintock (for himself, Mr. Scalise , Mr. Jordan , Mr. Price of Georgia , Mr. Hensarling , Mr. Garrett , Mr. Cole , Mr. Young of Indiana , Mr. Franks of Arizona , Ms. Foxx , Mr. Collins of Georgia , Mr. Mulvaney , Mr. Rohrabacher , Mr. LaMalfa , Mr. Duncan of South Carolina , Mr. Bucshon , Mrs. Blackburn , Mr. Chaffetz , Mr. Huizenga of Michigan , Mr. Labrador , Mrs. Lummis , Mr. Miller of Florida , Mr. Bentivolio , and Mr. Schweikert ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To require that the Government prioritize all obligations on the debt held by the public in the event that the debt limit is reached.\n\n1. Short title This Act may be cited as the Full Faith and Credit Act . 2. Findings Congress finds that: (1) The Act of Congress establishing the Treasury Department of 1789 states that the Secretary of the Treasury shall prepare plans for improving and managing the revenue of the United States Government and for the support of the public credit. (2) Section 321 of title 31, United States Code, codifies the duty to prepare plans for improving and managing receipts of the United States Government and managing the public debt . (3) In carrying out the statutory responsibilities to support of the public credit and managing the public debt the Secretary shall take all necessary actions to ensure all obligations of the United States Government with regard to debt held by the public are fully discharged when due. (4) Such actions may include the forgoing of obligations not related to debt held by the public for a period of time deemed necessary by the Secretary as authorized under section 324 of title 31, United States Code, which states that— (a) The Secretary of the Treasury may— (1) dispose of obligations— (A) acquired by the Secretary for the United States Government; or (B) delivered by an executive agency; and (2) make arrangements to extend the maturity of those obligations. (b) The Secretary may dispose or extend the maturity of obligations under subsection (a) of this section in the way, in amounts, at prices (for cash, obligations, property, or a combination of cash, obligations, or property), and on conditions the Secretary considers advisable and in the public interest. . 3. Duty to protect the full faith and credit of the United States Government (a) In general In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, the authority of the Department of the Treasury provided in section 3123 of title 31, United States Code, to pay with legal tender the principal and interest on debt held by the public shall take priority over all other obligations incurred by the Government of the United States. (b) Special rule for insufficiency of funds Section 324 of title 31, United States Code, is amended by redesignating subsection (c) as subsection (e), and by inserting after subsection (b) the following: (c) If the Secretary expects that there will be insufficient funds available to dispose of all obligations consisting of interest and principal of the debt held by the public on the next calendar day on which such obligations are due, then the Secretary shall extend the maturities of any other obligations under section (a) and refuse to issue warrants under section 321(a)(3) to the extent necessary to provide such funds as the Secretary deems prudent to dispose of obligations consisting of interest and principal of the debt held by the public for no less than the next 30 calendar days. (d) To the extent receipts exceed those required to meet the Secretary’s obligation under subsection (c), the Secretary shall prioritize the disposal of obligations under subsection (a) and issuance of warrants under section 321(a)(3) in that order the Secretary considers advisable and in the public interest. ."}}},{"rowIdx":1532,"cells":{"tv_id":{"kind":"string","value":"113-hr-807-rfs-dtd"},"legis_id":{"kind":"string","value":"113-hr-807"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":807,"string":"807"},"legis_version":{"kind":"string","value":"rfs"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr807rfs.xml"},"file_name":{"kind":"string","value":"BILLS-113hr807rfs.xml"},"lastmod":{"kind":"string","value":"2023-01-07 11:21:03.695"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 807 : Full Faith and Credit Act\n \n \n U.S. House of Representatives\n \n \n 2013-05-13\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Payment of principal\n\t\t\t and interest on public debt and social security trust funds\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n In the event that the\n\t\t\t debt of the United States Government, as defined in\n\t\t\t section\n\t\t\t 3101 of title 31, United States Code, reaches the statutory\n\t\t\t limit, the Secretary of the Treasury shall, in addition to any other authority\n\t\t\t provided by law, issue obligations under\n \n chapter 31\n \n of title 31,\n\t\t\t United States Code, to pay with legal tender, and solely for the purpose of\n\t\t\t paying, the principal and interest on obligations of the United States\n\t\t\t described in subsection (b) after the date of the enactment of this Act.\n \n \n \n \n (b)\n \n \n Obligations\n\t\t\t described\n \n \n For purposes of\n\t\t\t this subsection, obligations described in this subsection are obligations which\n\t\t\t are—\n \n \n \n (1)\n \n \n held by the\n\t\t\t public, or\n \n \n \n \n (2)\n \n \n held by the Old-Age and Survivors Insurance\n\t\t\t Trust Fund and Disability Insurance Trust Fund.\n \n \n \n \n \n (c)\n \n \n Prohibition on\n\t\t\t compensation for Members of Congress\n \n \n None of the obligations issued under\n\t\t\t subsection (a) may be used to pay compensation for Members of Congress.\n \n \n \n \n (d)\n \n \n Obligations\n\t\t\t exempt from public debt limit\n \n \n Obligations issued under subsection (a)\n\t\t\t shall not be taken into account in applying the limitation in\n\t\t\t section\n\t\t\t 3101(b) of title 31, United States Code, to the extent that\n\t\t\t such obligation would otherwise cause the limitation in\n\t\t\t section\n\t\t\t 3101(b) of title 31, United States Code, to be exceeded.\n \n \n \n \n (e)\n \n \n Report on\n\t\t\t certain actions\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n If, after the date of the enactment of this Act, the\n\t\t\t Secretary of the Treasury exercises his authority under subsection (a), the\n\t\t\t Secretary shall thereafter submit a report each week the authority is in use\n\t\t\t providing an accounting relating to—\n \n \n \n (A)\n \n \n the principal on\n\t\t\t mature obligations and interest that is due or accrued of the United States,\n\t\t\t and\n \n \n \n \n (B)\n \n \n any obligations\n\t\t\t issued pursuant to subsection (a).\n \n \n \n \n \n (2)\n \n \n Submission\n \n \n The\n\t\t\t report required by paragraph (1) shall be submitted to the Committee on\n \n \n \n \n \n \n \n \n Passed the House of\n\t\t\t Representatives May 9, 2013.\n \n \n Karen L. Haas,\n \n \n Clerk\n \n \n \n \n"},"tv_txt":{"kind":"string","value":"IIB 113th CONGRESS 1st Session H. R. 807 IN THE SENATE OF THE UNITED STATES May 13, 2013 Received; read twice and referred to the Committee on Finance AN ACT To require that the Government prioritize all obligations on the debt held by the public in the event that the debt limit is reached.\n\n1. Short title This Act may be cited as the Full Faith and Credit Act . 2. Payment of principal and interest on public debt and social security trust funds (a) In general In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, the Secretary of the Treasury shall, in addition to any other authority provided by law, issue obligations under chapter 31 of title 31, United States Code, to pay with legal tender, and solely for the purpose of paying, the principal and interest on obligations of the United States described in subsection (b) after the date of the enactment of this Act. (b) Obligations described For purposes of this subsection, obligations described in this subsection are obligations which are— (1) held by the public, or (2) held by the Old-Age and Survivors Insurance Trust Fund and Disability Insurance Trust Fund. (c) Prohibition on compensation for Members of Congress None of the obligations issued under subsection (a) may be used to pay compensation for Members of Congress. (d) Obligations exempt from public debt limit Obligations issued under subsection (a) shall not be taken into account in applying the limitation in section 3101(b) of title 31, United States Code, to the extent that such obligation would otherwise cause the limitation in section 3101(b) of title 31, United States Code, to be exceeded. (e) Report on certain actions (1) In general If, after the date of the enactment of this Act, the Secretary of the Treasury exercises his authority under subsection (a), the Secretary shall thereafter submit a report each week the authority is in use providing an accounting relating to— (A) the principal on mature obligations and interest that is due or accrued of the United States, and (B) any obligations issued pursuant to subsection (a). (2) Submission The report required by paragraph (1) shall be submitted to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.\n\nPassed the House of Representatives May 9, 2013. Karen L. Haas, Clerk"}}},{"rowIdx":1533,"cells":{"tv_id":{"kind":"string","value":"113-hr-807-rh-dtd"},"legis_id":{"kind":"string","value":"113-hr-807"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":807,"string":"807"},"legis_version":{"kind":"string","value":"rh"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr807rh.xml"},"file_name":{"kind":"string","value":"BILLS-113hr807rh.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:23:18.260"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 807 RH: Full Faith and Credit Act\n \n \n U.S. House of Representatives\n \n \n 2013-04-30\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Findings\n \n \n Congress finds that:\n \n \n \n (1)\n \n \n The Act of\n\t\t\t Congress establishing the Treasury Department of 1789 states that the Secretary\n\t\t\t of the Treasury shall prepare plans for improving and managing the revenue of\n\t\t\t the United States Government and for the support of the public credit.\n \n \n \n \n (2)\n \n \n Section 321 of\n\t\t\t title 31, United States Code, codifies the duty\n \n \n \n \n (3)\n \n \n In carrying out\n\t\t\t the statutory responsibilities to\n \n \n \n \n (4)\n \n \n Such actions may\n\t\t\t include the forgoing of obligations not related to debt held by the public for\n\t\t\t a period of time deemed necessary by the Secretary as authorized under section\n\t\t\t 324 of title 31, United States Code, which states that—\n \n \n \n \n (a)\n \n \n The Secretary of the Treasury may—\n \n \n \n (1)\n \n \n dispose of\n\t\t\t\tobligations—\n \n \n \n (A)\n \n \n acquired by the\n\t\t\t\tSecretary for the United States Government; or\n \n \n \n \n (B)\n \n \n delivered by an\n\t\t\t\texecutive agency; and\n \n \n \n \n \n (2)\n \n \n make arrangements\n\t\t\t\tto extend the maturity of those obligations.\n \n \n \n \n \n (b)\n \n \n The Secretary may\n\t\t\t\tdispose or extend the maturity of obligations under subsection (a) of this\n\t\t\t\tsection in the way, in amounts, at prices (for cash, obligations, property, or\n\t\t\t\ta combination of cash, obligations, or property), and on conditions the\n\t\t\t\tSecretary considers advisable and in the public\n\t\t\t\tinterest.\n \n \n \n .\n \n \n \n \n \n \n 3.\n \n \n Duty to protect\n\t\t\t the full faith and credit of the United States Government\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n In the event that the\n\t\t\t debt of the United States Government, as defined in\n \n section 3101\n \n of title 31,\n\t\t\t United States Code, reaches the statutory limit, the authority of the\n\t\t\t Department of the Treasury provided in\n \n section 3123\n \n of title 31, United States\n\t\t\t Code, to pay with legal tender the principal and interest on debt held by the\n\t\t\t public shall take priority over all other obligations incurred by the\n\t\t\t Government of the United States.\n \n \n \n \n (b)\n \n \n Special rule for\n\t\t\t insufficiency of funds\n \n \n \n Section 324\n \n of title 31, United States\n\t\t\t Code, is amended by redesignating subsection (c) as subsection (e), and by\n\t\t\t inserting after subsection (b) the following:\n \n \n \n \n (c)\n \n \n If the Secretary expects that there will be\n\t\t\t\tinsufficient funds available to dispose of all obligations consisting of\n\t\t\t\tinterest and principal of the debt held by the public on the next calendar day\n\t\t\t\ton which such obligations are due, then the Secretary shall extend the\n\t\t\t\tmaturities of any other obligations under section (a) and refuse to issue\n\t\t\t\twarrants under section 321(a)(3) to the extent necessary to provide such funds\n\t\t\t\tas the Secretary deems prudent to dispose of obligations consisting of interest\n\t\t\t\tand principal of the debt held by the public for no less than the next 30\n\t\t\t\tcalendar days.\n \n \n \n \n (d)\n \n \n To the extent receipts exceed those\n\t\t\t\trequired to meet the Secretary’s obligation under subsection (c), the Secretary\n\t\t\t\tshall prioritize the disposal of obligations under subsection (a) and issuance\n\t\t\t\tof warrants under section 321(a)(3) in that order the Secretary considers\n\t\t\t\tadvisable and in the public\n\t\t\t\tinterest.\n \n \n \n .\n \n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Payment of principal\n\t\t\t and interest on public debt and social security trust funds\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n In the event that the\n\t\t\t debt of the United States Government, as defined in\n \n section 3101\n \n of title 31,\n\t\t\t United States Code, reaches the statutory limit, the Secretary of the Treasury\n\t\t\t shall, in addition to any other authority provided by law, issue obligations\n\t\t\t under\n \n chapter 31\n \n of title 31, United States Code, to pay with legal tender, and\n\t\t\t solely for the purpose of paying, the principal and interest on obligations of\n\t\t\t the United States described in subsection (b) after the date of the enactment\n\t\t\t of this Act.\n \n \n \n \n (b)\n \n \n Obligations\n\t\t\t described\n \n \n For purposes of\n\t\t\t this subsection, obligations described in this subsection are obligations which\n\t\t\t are—\n \n \n \n (1)\n \n \n held by the public,\n\t\t\t or\n \n \n \n \n (2)\n \n \n held by the Old-Age and Survivors Insurance\n\t\t\t Trust Fund and Disability Insurance Trust Fund.\n \n \n \n \n \n (c)\n \n \n Obligations exempt from\n\t\t\t public debt limit\n \n \n Obligations\n\t\t\t issued under subsection (a) shall not be taken into account in applying the\n\t\t\t limitation in\n \n section 3101(b)\n \n of title 31, United States Code, to the extent\n\t\t\t that such obligation would otherwise cause the limitation in section 3101(b) of\n\t\t\t title 31, United States Code, to be exceeded.\n \n \n \n \n (d)\n \n \n Report on certain\n\t\t\t actions\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n If, after the date of the enactment of this Act, the\n\t\t\t Secretary of the Treasury exercises his authority under subsection (a), the\n\t\t\t Secretary shall thereafter submit a report each week providing an accounting\n\t\t\t relating to—\n \n \n \n (A)\n \n \n the principal on mature\n\t\t\t obligations and interest that is due or accrued of the United States,\n\t\t\t and\n \n \n \n \n (B)\n \n \n any obligations issued\n\t\t\t pursuant to subsection (a).\n \n \n \n \n \n (2)\n \n \n Submission\n \n \n The\n\t\t\t report required by paragraph (1) shall be submitted to the Committee on Ways\n\t\t\t and Means of the House of Representatives and the Committee on Finance of the\n\t\t\t Senate.\n \n \n \n \n (3)\n \n \n Termination\n \n \n The report requirement under paragraph (1)\n\t\t\t shall cease to apply after the date of the enactment of the first increase in\n\t\t\t the limitation in section 3101(b), United States Code, after the date of the\n\t\t\t enactment of this Act.\n \n \n \n \n \n \n \n April 30, 2013\n \n \n Reported with an amendment, committed to the Committee of\n\t\t the Whole House on the State of the Union, and ordered to be\n\t\t printed\n \n \n \n"},"tv_txt":{"kind":"string","value":"IB Union Calendar No. 29 113th CONGRESS 1st Session H. R. 807 [Report No. 113–48] IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. McClintock (for himself, Mr. Scalise , Mr. Jordan , Mr. Price of Georgia , Mr. Hensarling , Mr. Garrett , Mr. Cole , Mr. Young of Indiana , Mr. Franks of Arizona , Ms. Foxx , Mr. Collins of Georgia , Mr. Mulvaney , Mr. Rohrabacher , Mr. LaMalfa , Mr. Duncan of South Carolina , Mr. Bucshon , Mrs. Blackburn , Mr. Chaffetz , Mr. Huizenga of Michigan , Mr. Labrador , Mrs. Lummis , Mr. Miller of Florida , Mr. Bentivolio , and Mr. Schweikert ) introduced the following bill; which was referred to the Committee on Ways and Means April 30, 2013 Additional sponsors: Mr. Hall , Mr. Ribble , Mr. Chabot , Mr. Conaway , Mr. Flores , Mrs. Wagner , Mr. Wilson of South Carolina , Mr. Pompeo , Mr. Walberg , Mr. Brooks of Alabama , Mr. Fleischmann , Mr. Pitts , Mr. Posey , Mr. Barr , Mr. Olson , Mrs. Black , Mr. Griffin of Arkansas , Mr. Broun of Georgia , Mr. Yoder , Mr. Stutzman , Mr. Long , Mr. Pittenger , Mr. Westmoreland , Mr. Luetkemeyer , Mr. Duffy , Mr. Hultgren , Mr. Cramer , Mr. Mullin , Mr. Bridenstine , Mr. Rokita , Mr. Gowdy , Mr. Yoho , Mr. Salmon , Mrs. Bachmann , Mr. DeSantis , Mr. Gibbs , Mr. Meadows , Mr. Amash , Mrs. Brooks of Indiana , Mr. Forbes , Mr. Calvert , Mr. DesJarlais , Mr. Messer , Mr. King of Iowa , Mr. Benishek , Mr. Hudson , Mr. Holding , Mr. Roe of Tennessee , Mr. Radel , Mr. Kline , Mr. Wenstrup , Mr. Crawford , Mrs. Ellmers , Mr. Coble , Mr. Campbell , Mr. Gosar , Mr. Fleming , Mr. Reed , Mr. Bishop of Utah , Mr. Woodall , Mr. Graves of Missouri , Mr. Lankford , Mrs. Walorski , Mr. Nunnelee , Mr. Latta , Mr. Perry , Mr. Royce , Mr. Thornberry , Mr. Rothfus , Mr. Gingrey of Georgia , Mr. Roskam , Mr. Barton , Mr. Sessions , Mr. Lucas , Mr. Johnson of Ohio , Mr. Collins of New York , Mr. Nugent , Mr. McKinley , Mr. Harris , Mr. Cotton , Mr. Stewart , Mr. Neugebauer , and Mr. Burgess April 30, 2013 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic A BILL To require that the Government prioritize all obligations on the debt held by the public in the event that the debt limit is reached.\n\n1. Short title This Act may be cited as the Full Faith and Credit Act . 2. Findings Congress finds that: (1) The Act of Congress establishing the Treasury Department of 1789 states that the Secretary of the Treasury shall prepare plans for improving and managing the revenue of the United States Government and for the support of the public credit. (2) Section 321 of title 31, United States Code, codifies the duty to prepare plans for improving and managing receipts of the United States Government and managing the public debt . (3) In carrying out the statutory responsibilities to support of the public credit and managing the public debt the Secretary shall take all necessary actions to ensure all obligations of the United States Government with regard to debt held by the public are fully discharged when due. (4) Such actions may include the forgoing of obligations not related to debt held by the public for a period of time deemed necessary by the Secretary as authorized under section 324 of title 31, United States Code, which states that— (a) The Secretary of the Treasury may— (1) dispose of obligations— (A) acquired by the Secretary for the United States Government; or (B) delivered by an executive agency; and (2) make arrangements to extend the maturity of those obligations. (b) The Secretary may dispose or extend the maturity of obligations under subsection (a) of this section in the way, in amounts, at prices (for cash, obligations, property, or a combination of cash, obligations, or property), and on conditions the Secretary considers advisable and in the public interest. . 3. Duty to protect the full faith and credit of the United States Government (a) In general In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, the authority of the Department of the Treasury provided in section 3123 of title 31, United States Code, to pay with legal tender the principal and interest on debt held by the public shall take priority over all other obligations incurred by the Government of the United States. (b) Special rule for insufficiency of funds Section 324 of title 31, United States Code, is amended by redesignating subsection (c) as subsection (e), and by inserting after subsection (b) the following: (c) If the Secretary expects that there will be insufficient funds available to dispose of all obligations consisting of interest and principal of the debt held by the public on the next calendar day on which such obligations are due, then the Secretary shall extend the maturities of any other obligations under section (a) and refuse to issue warrants under section 321(a)(3) to the extent necessary to provide such funds as the Secretary deems prudent to dispose of obligations consisting of interest and principal of the debt held by the public for no less than the next 30 calendar days. (d) To the extent receipts exceed those required to meet the Secretary’s obligation under subsection (c), the Secretary shall prioritize the disposal of obligations under subsection (a) and issuance of warrants under section 321(a)(3) in that order the Secretary considers advisable and in the public interest. .\n\n1. Short title This Act may be cited as the Full Faith and Credit Act . 2. Payment of principal and interest on public debt and social security trust funds (a) In general In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, the Secretary of the Treasury shall, in addition to any other authority provided by law, issue obligations under chapter 31 of title 31, United States Code, to pay with legal tender, and solely for the purpose of paying, the principal and interest on obligations of the United States described in subsection (b) after the date of the enactment of this Act. (b) Obligations described For purposes of this subsection, obligations described in this subsection are obligations which are— (1) held by the public, or (2) held by the Old-Age and Survivors Insurance Trust Fund and Disability Insurance Trust Fund. (c) Obligations exempt from public debt limit Obligations issued under subsection (a) shall not be taken into account in applying the limitation in section 3101(b) of title 31, United States Code, to the extent that such obligation would otherwise cause the limitation in section 3101(b) of title 31, United States Code, to be exceeded. (d) Report on certain actions (1) In general If, after the date of the enactment of this Act, the Secretary of the Treasury exercises his authority under subsection (a), the Secretary shall thereafter submit a report each week providing an accounting relating to— (A) the principal on mature obligations and interest that is due or accrued of the United States, and (B) any obligations issued pursuant to subsection (a). (2) Submission The report required by paragraph (1) shall be submitted to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (3) Termination The report requirement under paragraph (1) shall cease to apply after the date of the enactment of the first increase in the limitation in section 3101(b), United States Code, after the date of the enactment of this Act.\n\nApril 30, 2013 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed"}}},{"rowIdx":1534,"cells":{"tv_id":{"kind":"string","value":"113-hr-808-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-808"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":808,"string":"808"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr808ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr808ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:47.823"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 808 IH: Department of Peacebuilding Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-25\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title; table of\n\t\t\t contents\n \n \n \n (a)\n \n \n Short\n\t\t\t title\n \n \n This Act may be cited\n\t\t\t as the\n \n \n \n \n (b)\n \n \n Table of\n\t\t\t contents\n \n \n The table of contents for this Act is as follows:\n \n \n \n Sec. 1. Short title; table of contents.\n \n \n Sec. 2. Findings.\n \n \n Title I—ESTABLISHMENT OF DEPARTMENT OF PEACEBUILDING\n \n \n Sec. 101. Establishment of Department of\n\t\t\t\tPeacebuilding.\n \n \n Sec. 102. Responsibilities and powers.\n \n \n Sec. 103. Principal officers.\n \n \n Sec. 104. Office of Peace Education and Training.\n \n \n Sec. 105. Office of Domestic Peace Activities.\n \n \n Sec. 106. Office of International Peace Activities.\n \n \n Sec. 107. Office of Technology for Peace.\n \n \n Sec. 108. Office of Arms Control and Disarmament.\n \n \n Sec. 109. Office of Peacebuilding Information and\n\t\t\t\tResearch.\n \n \n Sec. 110. Office of Human Rights and Economic\n\t\t\t\tRights.\n \n \n Sec. 111. Intergovernmental Advisory Council on\n\t\t\t\tPeace.\n \n \n Sec. 112. Federal Interagency Committee on Peace.\n \n \n Sec. 113. Staff.\n \n \n Sec. 114. Consultation required.\n \n \n Sec. 115. Collaboration.\n \n \n Title II—OTHER MATTERS\n \n \n Sec. 201. Legislative recommendations of the\n\t\t\t\tSecretary.\n \n \n Sec. 202. Peace Days.\n \n \n Sec. 203. Definitions.\n \n \n Sec. 204. Authorization of appropriations.\n \n \n \n \n \n \n 2.\n \n \n Findings\n \n \n Congress finds the following:\n \n \n \n (1)\n \n \n On July 4, 1776, the Second Continental\n\t\t\t Congress unanimously declared the independence of the 13 colonies, and the\n\t\t\t achievement of peace was recognized as one of the highest duties of the new\n\t\t\t organization of free and independent States by declaring,\n \n \n \n \n (2)\n \n \n The Constitution\n\t\t\t of the United States of America, in its Preamble, further sets forth the\n\t\t\t insurance of the cause of peace in stating:\n \n \n \n \n (3)\n \n \n During the course of the 20th century, more\n\t\t\t than 100,000,000 people perished in wars. The United States has been at war\n\t\t\t over the past decade, with 6,600 members of the Armed Forces and hundreds of\n\t\t\t thousands of civilians estimated to have been killed in the conflicts in Iraq\n\t\t\t and Afghanistan.\n \n \n \n \n (4)\n \n \n Every year 300,000\n\t\t\t people are killed by gun violence around the world. In the United States,\n\t\t\t 100,000 people are shot each year in murders, assaults, suicides and suicide\n\t\t\t attempts, accidents, and police actions. Over 30,000 people die each year of\n\t\t\t gunshot wounds, 12,000 of whom are murdered. Every day, 50 children are shot,\n\t\t\t and 8 of those children die.\n \n \n \n \n (5)\n \n \n A 2004 World Health Organization report\n\t\t\t estimates that interpersonal violence within the United States costs\n\t\t\t approximately $300 billion annually, not including war-related costs. The\n\t\t\t Centers for Disease Control and Prevention states that an average of 16 people\n\t\t\t age 10 to 24 were murdered each day in the United States in 2005. The Pew\n\t\t\t Charitable Trust calculates that child abuse and neglect in the United States\n\t\t\t cost $103.8 billion in 2007.\n \n \n \n \n (6)\n \n \n In 1999, the United Nations adopted a\n\t\t\t Programme of Action on a Culture of Peace, stating that a culture of peace is\n\t\t\t an integral approach to preventing violence and violent conflicts, an\n\t\t\t alternative to the culture of war and violence, and is based on education for\n\t\t\t peace, the promotion of sustainable economic and social development, respect\n\t\t\t for human rights, equality between women and men, democratic participation,\n\t\t\t tolerance, and the free flow of information and disarmament. The United Nations\n\t\t\t declared the years 2001 through 2010 an International Decade for a Culture of\n\t\t\t Peace and Non-Violence for the Children of the World and the United Nations\n\t\t\t supports a culture of peace going forward.\n \n \n \n \n (7)\n \n \n On April 4, 2012, the Institute for\n\t\t\t Economics and Peace released a United States Peace Index, which assessed\n\t\t\t peacefulness at the State and city levels and analyzed the costs associated\n\t\t\t with violence and the socio-economic measures associated with peace. While\n\t\t\t violence within the United States had declined over the year 2011, violence and\n\t\t\t violence containment still cost the average taxpayer $3,257. The total cost of\n\t\t\t violence to the United States—including lost productivity from violence—was\n\t\t\t conservatively calculated to be over $460 billion.\n \n \n \n \n (8)\n \n \n A study by the Institute for Economics and\n\t\t\t Peace released September 20, 2012, reports conservative estimates for 2010,\n\t\t\t that 15 percent of the gross domestic product of the United States, or $15,000\n\t\t\t per taxpayer, was spent on containing violence. The study included government,\n\t\t\t corporate, and individual expenditure, regardless of whether it was related to\n\t\t\t international affairs such as offshore military activities, or domestic\n\t\t\t spending such as dealing with crime and the consequences of crime.\n \n \n \n \n (9)\n \n \n Violence prevention is cost effective. For\n\t\t\t every dollar spent in violence prevention and peacebuilding, many lives and\n\t\t\t many dollars are saved. The philosophy and techniques of nonviolence and the\n\t\t\t science of peacebuilding provide tools and techniques that can be applied not\n\t\t\t only at the levels of individual and community growth, but also within the\n\t\t\t Federal Government and at national and international levels.\n \n \n \n \n (10)\n \n \n Peacebuilding is defined by the United\n\t\t\t Nations as a range of measures targeted to reduce the risk of lapsing or\n\t\t\t relapsing into conflict by strengthening national capacities at all levels for\n\t\t\t conflict management, and to lay the foundations for sustainable peace and\n\t\t\t development. Peacebuilding is built upon research into the root causes of\n\t\t\t violence in the United States and the world, through promotion and promulgation\n\t\t\t of effective policies and programs that ameliorate those root causes of\n\t\t\t violence, and through providing all citizens, organizations, and governmental\n\t\t\t bodies with opportunities to learn about and practice the essential tools of\n\t\t\t nonviolent conflict resolution and peacebuilding.\n \n \n \n \n (11)\n \n \n In 2000, the Earth Charter Commission\n\t\t\t released the Earth Charter, an international declaration of fundamental values\n\t\t\t and principles created to build a just, sustainable, and peaceful global\n\t\t\t society. The preamble of the Earth Charter provides,\n \n \n \n \n <enum>\n I\n </enum>\n <header>\n ESTABLISHMENT OF\n\t\t\t DEPARTMENT OF PEACEBUILDING\n </header>\n <section id=\"H985DDE9104634379AE440BD72B8DDCB8\">\n <enum>\n 101.\n </enum>\n <header>\n Establishment\n\t\t\t of Department of Peacebuilding\n </header>\n <subsection id=\"H928A5DF7944B4159AF5DF3C5226DBB3A\">\n <enum>\n (a)\n </enum>\n <header>\n Establishment\n </header>\n <text>\n There\n\t\t\t is hereby established a Department of Peacebuilding, that shall—\n </text>\n <paragraph id=\"H44D4844E4FA54AD89CDD4F853847B28B\">\n <enum>\n (1)\n </enum>\n <text>\n be a department in\n\t\t\t the executive branch of the Federal Government; and\n </text>\n </paragraph>\n <paragraph id=\"HBBCD325462024833BE6B555C2BF347B2\">\n <enum>\n (2)\n </enum>\n <text>\n be dedicated to\n\t\t\t peacebuilding, peacemaking, and the study and promotion of conditions conducive\n\t\t\t to both domestic and international peace and a culture of peace.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HD733DC7B863F475A8451945DEA1A5953\">\n <enum>\n (b)\n </enum>\n <header>\n Secretary of\n\t\t\t Peacebuilding\n </header>\n <text>\n There shall be at the head of the Department a\n\t\t\t Secretary of Peacebuilding, who shall be appointed by the President, by and\n\t\t\t with the advice and consent of the Senate.\n </text>\n </subsection>\n <subsection id=\"HFC19FC09705742F9822DACF071AAC95B\">\n <enum>\n (c)\n </enum>\n <header>\n Mission\n </header>\n <text>\n The\n\t\t\t Department shall—\n </text>\n <paragraph id=\"HF60C593665F746CA89514847917ECF3E\">\n <enum>\n (1)\n </enum>\n <text>\n cultivate peace\n\t\t\t and peacebuilding as a strategic national policy objective;\n </text>\n </paragraph>\n <paragraph id=\"HCD1056954785403C910270511AC90B75\">\n <enum>\n (2)\n </enum>\n <text>\n reduce and prevent\n\t\t\t violence in the United States and internationally through peacebuilding and\n\t\t\t effective nonviolent conflict resolution;\n </text>\n </paragraph>\n <paragraph id=\"H080129E99E144951BBD6416D423233AD\">\n <enum>\n (3)\n </enum>\n <text>\n strengthen\n\t\t\t nonmilitary means of peacemaking;\n </text>\n </paragraph>\n <paragraph id=\"HF2E941DE92394C59B403300ED9D7CE4B\">\n <enum>\n (4)\n </enum>\n <text>\n take a proactive,\n\t\t\t strategic approach in the development of field-tested, best practices and\n\t\t\t policies that promote national and international conflict prevention,\n\t\t\t nonviolent intervention, mediation, peaceful resolution of conflict, and\n\t\t\t structured mediation of conflict;\n </text>\n </paragraph>\n <paragraph id=\"H7641DC354779460A838E0039FD6BAD5F\">\n <enum>\n (5)\n </enum>\n <text>\n address matters\n\t\t\t both domestic and international in scope;\n </text>\n </paragraph>\n <paragraph id=\"H3E5213FFD30A43F1B2C3B47D7E87B3DA\">\n <enum>\n (6)\n </enum>\n <text>\n provide an\n\t\t\t institutional platform for the growing wealth of expertise in peacebuilding to\n\t\t\t dramatically reduce the national and global epidemic of violence;\n </text>\n </paragraph>\n <paragraph id=\"HF41DAE8ED51249D2B3730E2CF47A3785\">\n <enum>\n (7)\n </enum>\n <text>\n support local\n\t\t\t communities in finding, funding, replicating, and expanding programs to reduce\n\t\t\t and prevent violence;\n </text>\n </paragraph>\n <paragraph id=\"H22FBF7A6C6AC47138DBC48790934355E\">\n <enum>\n (8)\n </enum>\n <text>\n invest in\n\t\t\t nongovernmental organizations that have implemented successful initiatives to\n\t\t\t reduce and prevent violence, both internationally and domestically; and\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HA950E02BF1D84F13B54324B5FCE69358\">\n <enum>\n (9)\n </enum>\n <text>\n consult with other\n\t\t\t Federal agencies to apply and practice the science of peacebuilding in their\n\t\t\t respective fields of responsibility.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H6EC95A15629749308246E682E4733115\">\n <enum>\n 102.\n </enum>\n <header>\n Responsibilities\n\t\t\t and powers\n </header>\n <subsection id=\"H27D51132F8A345C5BDB6A356E00551D1\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n The Secretary shall—\n </text>\n <paragraph id=\"HFC15DF9521CE41E7B88F2BDC8C7A2892\">\n <enum>\n (1)\n </enum>\n <text>\n work proactively\n\t\t\t and interactively with each branch of the Federal Government on all policy\n\t\t\t matters relating to conditions of peace;\n </text>\n </paragraph>\n <paragraph id=\"H34897659125842BE81EF39ECBE576AD5\">\n <enum>\n (2)\n </enum>\n <text>\n call on the\n\t\t\t experience and expertise of the people of the United States and seek\n\t\t\t participation in the development of policy from private, public, and\n\t\t\t nongovernmental organizations;\n </text>\n </paragraph>\n <paragraph id=\"H91EB4F6C64844640B067C52FFD31E0E8\">\n <enum>\n (3)\n </enum>\n <text>\n monitor and\n\t\t\t analyze causative principles of conflict and make policy recommendations for\n\t\t\t developing and maintaining peaceful conduct;\n </text>\n </paragraph>\n <paragraph id=\"HDAC576B0EBF445839015706DB7D66B3A\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n research effective violence reduction\n\t\t\t programs and promote and promulgate such programs within Government and\n\t\t\t society; and\n </text>\n </paragraph>\n <paragraph id=\"H11262921944E4E9592FA73666730C6C7\">\n <enum>\n (5)\n </enum>\n <text display-inline=\"yes-display-inline\">\n consult with private, public, and\n\t\t\t nongovernmental organizations to develop a metric model that provides the means\n\t\t\t to measure and report progress toward peace in the United States to the\n\t\t\t President, Congress, and the people of the United States, and issue reports on\n\t\t\t such progress annually.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H66F1375D05504C89A87CC988D300994A\">\n <enum>\n (b)\n </enum>\n <header>\n Domestic\n\t\t\t responsibilities\n </header>\n <text>\n The Secretary shall collaborate with\n\t\t\t governmental and nongovernmental entities and citizens to promote personal and\n\t\t\t community security and peace by—\n </text>\n <paragraph id=\"H77CF0B7AC29741ACB70C3793011D712E\">\n <enum>\n (1)\n </enum>\n <text>\n developing new\n\t\t\t policies and supporting existing policies that effectively address personal and\n\t\t\t family violence, including suicide, domestic violence, spousal abuse, child\n\t\t\t abuse, and mistreatment of the elderly;\n </text>\n </paragraph>\n <paragraph id=\"HA2D00BF2C8A64A4E8138EE6D4203A4A9\">\n <enum>\n (2)\n </enum>\n <text>\n creating new\n\t\t\t policies and programs and expanding existing policies and programs that\n\t\t\t effectively reduce drug and alcohol abuse;\n </text>\n </paragraph>\n <paragraph id=\"HA733801042C34B7C999B348A414578C3\">\n <enum>\n (3)\n </enum>\n <text>\n developing new\n\t\t\t policies and programs and expanding existing policies and programs that\n\t\t\t effectively address crime, punishment, and rehabilitation, including—\n </text>\n <subparagraph id=\"HBADE980B33494110914A12BEC068842F\">\n <enum>\n (A)\n </enum>\n <text>\n working to reduce\n\t\t\t prison recidivism rates;\n </text>\n </subparagraph>\n <subparagraph id=\"H90BDCE4BDAA5492FBF0334218227CAFE\">\n <enum>\n (B)\n </enum>\n <text>\n supporting the\n\t\t\t implementation of nonviolent conflict resolution education and training for\n\t\t\t victims, perpetrators, and those who work with them; and\n </text>\n </subparagraph>\n <subparagraph id=\"H75EE9DAF316143B19AA3DCF9F14FC8BB\">\n <enum>\n (C)\n </enum>\n <text>\n supporting\n\t\t\t effective police and community relations;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H681AB48DA0E44864B6B2FAD0DAA576EA\">\n <enum>\n (4)\n </enum>\n <text>\n analyzing existing\n\t\t\t policies, employing successful, field-tested programs, and developing new\n\t\t\t approaches for dealing with the tools of violence, including handguns,\n\t\t\t especially among youth;\n </text>\n </paragraph>\n <paragraph id=\"HF9554ED72DFD4B45981B9761A2588BDF\">\n <enum>\n (5)\n </enum>\n <text>\n developing new and\n\t\t\t expanding effective programs that relate to the societal challenges of school\n\t\t\t violence, gangs, racial or ethnic violence, violence against gays and lesbians,\n\t\t\t and police-community relations disputes;\n </text>\n </paragraph>\n <paragraph id=\"HB6B10E787D0F44ADBB4508D8DD04DF95\">\n <enum>\n (6)\n </enum>\n <text>\n making policy\n\t\t\t recommendations to the Attorney General regarding civil rights and labor\n\t\t\t law;\n </text>\n </paragraph>\n <paragraph id=\"H0CF149D2891643D085E65173666ADFBC\">\n <enum>\n (7)\n </enum>\n <text>\n assisting in the\n\t\t\t establishment and funding of community-based violence prevention programs,\n\t\t\t including violence prevention counseling and peer mediation in schools and\n\t\t\t unarmed civilian peacekeeping at a local level;\n </text>\n </paragraph>\n <paragraph id=\"H2C75C4D83DA84589842D9A8CC7F3A5EB\">\n <enum>\n (8)\n </enum>\n <text>\n providing\n\t\t\t counseling and advocating on behalf of individuals victimized by\n\t\t\t violence;\n </text>\n </paragraph>\n <paragraph id=\"HC6AA2B7C875D47A69254E699F6F49602\">\n <enum>\n (9)\n </enum>\n <text display-inline=\"yes-display-inline\">\n providing for public education programs and\n\t\t\t counseling strategies that promote tolerance and respect for the diversity of\n\t\t\t the people of the United States with regard to race, religion, creed, gender\n\t\t\t and gender identification, sexual orientation, age, ethnicity, and other\n\t\t\t perceived difference; and\n </text>\n </paragraph>\n <paragraph id=\"H5DA55D6DF8C041E3852BF225AF7FD7CE\">\n <enum>\n (10)\n </enum>\n <text display-inline=\"yes-display-inline\">\n supporting local community initiatives that\n\t\t\t draw on neighborhood resources to create peace projects that facilitate the\n\t\t\t development of conflict resolution and thereby inform and inspire national\n\t\t\t policy.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H7E08157A91DE43B099A28B3E070737FE\">\n <enum>\n (c)\n </enum>\n <header>\n International\n\t\t\t responsibilities\n </header>\n <text>\n The Secretary shall—\n </text>\n <paragraph id=\"H5DCF5902FBF9434E86930E897D85FEEA\">\n <enum>\n (1)\n </enum>\n <text>\n advise the\n\t\t\t Secretary of Defense and the Secretary of State on matters relating to national\n\t\t\t security, including the protection of human rights and the prevention of,\n\t\t\t amelioration of, and de-escalation of unarmed and armed international\n\t\t\t conflict;\n </text>\n </paragraph>\n <paragraph id=\"HD6AA6B8C260D49ED86FF27EE8A01A0B2\">\n <enum>\n (2)\n </enum>\n <text>\n contribute to and\n\t\t\t participate in the development of training of all United States personnel who\n\t\t\t administer post-conflict reconstruction and demobilization in war-torn\n\t\t\t societies;\n </text>\n </paragraph>\n <paragraph id=\"H345C7A9EDAE9476FAB51C69EBC760379\">\n <enum>\n (3)\n </enum>\n <text>\n sponsor country\n\t\t\t and regional conflict-prevention and dispute-resolution initiatives, create\n\t\t\t special task forces, and draw on local, regional, and national expertise to\n\t\t\t develop plans and programs for addressing the root sources of conflict in\n\t\t\t troubled areas;\n </text>\n </paragraph>\n <paragraph id=\"HF9EC60D2DCF64A36B1B356BA9DE00146\">\n <enum>\n (4)\n </enum>\n <text>\n counsel and\n\t\t\t advocate on behalf of women victimized by violence, including rape, during\n\t\t\t conflict and post-conflict situations;\n </text>\n </paragraph>\n <paragraph id=\"HC1ECB392D57C494FA9481BC84712E512\">\n <enum>\n (5)\n </enum>\n <text>\n provide for\n\t\t\t exchanges between the United States and other nations of individuals who\n\t\t\t endeavor to develop domestic and international peace-based initiatives;\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HCF112DBE96EC4F70A88E1C2C460A1881\">\n <enum>\n (6)\n </enum>\n <text>\n encourage the\n\t\t\t development of international sister city programs, pairing United States cities\n\t\t\t with cities around the globe for artistic, cultural, economic, educational, and\n\t\t\t faith-based exchanges;\n </text>\n </paragraph>\n <paragraph id=\"H168A524B102A4CBC843360D099F2E241\">\n <enum>\n (7)\n </enum>\n <text>\n establish and\n\t\t\t administer a budget designated for the training and deployment of unarmed\n\t\t\t civilian peacekeepers to participate in multinational nonviolent peacekeeping\n\t\t\t forces that may be conducted by civilian, governmental, or multilateral\n\t\t\t organizations;\n </text>\n </paragraph>\n <paragraph id=\"H81F921C98C7B4C7A9E334295320769E9\">\n <enum>\n (8)\n </enum>\n <text>\n jointly with the\n\t\t\t Secretary of the Treasury, strengthen peace enforcement through hiring and\n\t\t\t training monitors and investigators to help with the enforcement of\n\t\t\t international arms embargoes;\n </text>\n </paragraph>\n <paragraph id=\"HD5FB1734367E4E8E97678414F19D2D83\">\n <enum>\n (9)\n </enum>\n <text>\n bring together all\n\t\t\t stakeholders who are impacted by a conflict by facilitating peace summits where\n\t\t\t such stakeholders may gather under carefully prepared conditions to promote\n\t\t\t nonviolent communication and mutually beneficial solutions;\n </text>\n </paragraph>\n <paragraph id=\"H9B064FCBF6224595A0E1F0E6EFEA81EC\">\n <enum>\n (10)\n </enum>\n <text>\n submit to the\n\t\t\t President recommendations for reductions in weapons of mass destruction, and\n\t\t\t make annual reports to the President on the sale of arms from the United States\n\t\t\t to other nations, with analysis of the impact of such sales on the defense of\n\t\t\t the United States and how such sales affect peace;\n </text>\n </paragraph>\n <paragraph id=\"HA28970A0BBF042238FB22B2536CA08E2\">\n <enum>\n (11)\n </enum>\n <text>\n in consultation\n\t\t\t with the Secretary of State, develop strategies for sustainability and\n\t\t\t management of the distribution of international funds;\n </text>\n </paragraph>\n <paragraph id=\"H878182805FC04FFBA52C30553CD8F9D4\">\n <enum>\n (12)\n </enum>\n <text>\n advise the\n\t\t\t Permanent Representative of the United States to the United Nations on matters\n\t\t\t pertaining to the United Nations Security Council; and\n </text>\n </paragraph>\n <paragraph id=\"HF4A1D517B9B64F9B89ACF5E06F2F5B98\">\n <enum>\n (13)\n </enum>\n <text>\n support the\n\t\t\t implementation of international peacebuilding strategies through a balanced use\n\t\t\t of peacebuilding, diplomacy, development, and defense.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H2B66E54BFEF14554880DB05249D1F636\">\n <enum>\n (d)\n </enum>\n <header>\n Membership of\n\t\t\t the Secretary of Peacebuilding on the National Security\n\t\t\t Council\n </header>\n <text>\n Section 101(a) of the National Security Act of 1947 (50\n\t\t\t U.S.C. 402(a)) is amended—\n </text>\n <paragraph id=\"H47181283145B4C26A5EC26C0FFAE1C48\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in paragraph (6), by striking\n <quote>\n Director for Mutual Security;\n </quote>\n and inserting\n <quote>\n Secretary of\n\t\t\t Peacebuilding; and\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HAA0DE99C7A764D59BCE93C5B55B958C1\">\n <enum>\n (2)\n </enum>\n <text>\n by striking\n\t\t\t paragraph (7);\n </text>\n </paragraph>\n <paragraph id=\"H07BA923ACFF14459912DCF199229B72C\">\n <enum>\n (3)\n </enum>\n <text>\n by redesignating\n\t\t\t paragraph (8) as paragraph (7); and\n </text>\n </paragraph>\n <paragraph id=\"H4E08E4D250A243559C313366934AE1B7\">\n <enum>\n (4)\n </enum>\n <text>\n in paragraph (7)\n\t\t\t (as redesignated by paragraph (3) of this subsection), by striking\n <quote>\n the\n\t\t\t Chairman of the Munitions Board, and the Chairman of the Research and\n\t\t\t Development Board,\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HDAD8D923DC574631B53E7A8F01184ACB\">\n <enum>\n (e)\n </enum>\n <header>\n Human security\n\t\t\t responsibilities\n </header>\n <text>\n The Secretary shall address and offer nonviolent\n\t\t\t conflict resolution strategies and suggest resources for unarmed civilian\n\t\t\t peacekeepers to the appropriate relevant parties on issues of human security if\n\t\t\t such security is threatened by conflict, whether such conflict is geographic,\n\t\t\t religious, ethnic, racial, or class-based in its origin, derives from economic\n\t\t\t concerns, or is initiated through disputes concerning scarcity of natural\n\t\t\t resources (such as water and energy resources), food, trade, or climate and\n\t\t\t environmental concerns.\n </text>\n </subsection>\n <subsection id=\"H91D1AA30A0C648ADB0E3D64296F5A7D3\">\n <enum>\n (f)\n </enum>\n <header>\n Media-Related\n\t\t\t responsibilities\n </header>\n <text>\n Respecting the First Amendment to the\n\t\t\t Constitution of the United States and the requirement for free and independent\n\t\t\t media, the Secretary shall—\n </text>\n <paragraph id=\"H8DCD19E3FF0243E3A767394E968BED8F\">\n <enum>\n (1)\n </enum>\n <text>\n seek assistance in\n\t\t\t the design and implementation of nonviolent policies from media\n\t\t\t professionals;\n </text>\n </paragraph>\n <paragraph id=\"H6A8903B7396942899F4F488793338049\">\n <enum>\n (2)\n </enum>\n <text>\n study the role of\n\t\t\t the media in the escalation and de-escalation of conflict at domestic and\n\t\t\t international levels, including the role of fear-inducing and hate-inducing\n\t\t\t speech and actions, and making the findings of such study public; and\n </text>\n </paragraph>\n <paragraph id=\"H87DD6AF2B6854695AD1221453D4BF479\">\n <enum>\n (3)\n </enum>\n <text>\n make\n\t\t\t recommendations to professional media organizations in order to provide\n\t\t\t opportunities to increase media awareness of peace-building initiatives.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HC5F217AC9E924E8DBEB132D10378D768\">\n <enum>\n (g)\n </enum>\n <header>\n Educational\n\t\t\t responsibilities\n </header>\n <text>\n The Secretary shall—\n </text>\n <paragraph commented=\"no\" id=\"HA5821EF29E184F8CA21EF10CF344EB16\">\n <enum>\n (1)\n </enum>\n <text>\n with the support\n\t\t\t of, and in consultation with, the United States Institute of Peace, develop a\n\t\t\t peace education curriculum that includes studies of—\n </text>\n <subparagraph commented=\"no\" id=\"H14D0664C5D8A442CBA263CC4D3B101BC\">\n <enum>\n (A)\n </enum>\n <text>\n the civil rights\n\t\t\t movement in the United States and throughout the world, with special emphasis\n\t\t\t on the role of nonviolence and how individual endeavor and involvement have\n\t\t\t contributed to advancements in peace and justice;\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H82919DF4C21C45D18CBF63FE0CC80B97\">\n <enum>\n (B)\n </enum>\n <text>\n peace agreements\n\t\t\t and circumstances in which peaceful intervention has worked to stop conflict;\n\t\t\t and\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"HFA86F068D5A141B6897D8699099A55C9\">\n <enum>\n (C)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the patriarchal structure of society and\n\t\t\t the inherent violence of such structure in the shaping of relationships and\n\t\t\t institutions;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H2AEC0EF521E14BD1966CB653FD323E2B\">\n <enum>\n (2)\n </enum>\n <text>\n in consultation\n\t\t\t with the Secretary of Education—\n </text>\n <subparagraph id=\"HF5DF0DAC3017456892819B61BBF79B22\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n commission the development of such\n\t\t\t curriculum and make such curriculum available to local school districts to\n\t\t\t enable the use of peace education objectives at elementary schools and\n\t\t\t secondary schools in the United States;\n </text>\n </subparagraph>\n <subparagraph id=\"H7050215BBBE94A259A25D08D5E7E05CD\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n support in early childhood, elementary\n\t\t\t schools, secondary schools, and institutions of higher education a\n\t\t\t well-resourced, balanced education that includes math, science, English,\n\t\t\t history, ethnic studies, social studies, health, physical education, foreign\n\t\t\t languages, the arts, and music that will prepare students for success in a\n\t\t\t globally interconnected world; and\n </text>\n </subparagraph>\n <subparagraph id=\"H600FF76AD60E416C8C2C734400DDD4EF\">\n <enum>\n (C)\n </enum>\n <text>\n offer incentives\n\t\t\t in the form of grants and training to encourage the development of State peace\n\t\t\t curricula and assist schools in applying for such curricula;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H0BD0F230E59E43AA877ECB7FBBC196A8\">\n <enum>\n (3)\n </enum>\n <text>\n work with\n\t\t\t educators to equip students to become skilled in achieving peace through\n\t\t\t reflection, and facilitate instruction in the ways of peaceful conflict\n\t\t\t resolution;\n </text>\n </paragraph>\n <paragraph id=\"HD511E9B547C14443825BD99CE8DFD268\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n ensure that schools are nonviolence zones\n\t\t\t that provide a peaceful educational environment;\n </text>\n </paragraph>\n <paragraph id=\"HD0483799FDCB4BDCAF6396A849F238DF\">\n <enum>\n (5)\n </enum>\n <text>\n create school and\n\t\t\t community cultures where students and staff do not feel threatened and are free\n\t\t\t from bullying and harassment by developing and implementing curricula in\n\t\t\t nonviolent conflict resolution education for teachers, students, parents, the\n\t\t\t school community, and the community at large;\n </text>\n </paragraph>\n <paragraph id=\"H7EBE8418BE844796826EA3F861968335\">\n <enum>\n (6)\n </enum>\n <text>\n maintain a public\n\t\t\t website to solicit and receive ideas for the development of peace from the\n\t\t\t wealth of the politically, socially, and culturally diverse public;\n </text>\n </paragraph>\n <paragraph id=\"HA8A9297D82AD49648888FAF6C3B4E5EB\">\n <enum>\n (7)\n </enum>\n <text>\n proactively engage\n\t\t\t the critical thinking capabilities of students and teachers of elementary\n\t\t\t schools, secondary schools, and institutions of higher education through the\n\t\t\t Internet and other media and issue periodic reports concerning any submissions\n\t\t\t from such students and teachers;\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"H9DF32BA630634E31AF824A8BF92EADB4\">\n <enum>\n (8)\n </enum>\n <text>\n create and\n\t\t\t establish a Peace Academy that shall—\n </text>\n <subparagraph commented=\"no\" id=\"H7D720FAD65814D65957F40136D7F2AF4\">\n <enum>\n (A)\n </enum>\n <text>\n be modeled after\n\t\t\t the military service academies; and\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H352EC399FF72498C9D55071507FA0BEE\">\n <enum>\n (B)\n </enum>\n <text>\n provide a 4-year\n\t\t\t course of instruction in peace education, after which graduates will be\n\t\t\t required to serve 5 years in public service in programs dedicated to domestic\n\t\t\t or international nonviolent conflict resolution; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HDDE0FB34D960474BB85054906643C3E0\">\n <enum>\n (9)\n </enum>\n <text>\n provide grants for\n\t\t\t peace studies departments in institutions of higher education throughout the\n\t\t\t United States.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H11625A8016AC4D3B920E2E777322D5D6\">\n <enum>\n 103.\n </enum>\n <header>\n Principal\n\t\t\t officers\n </header>\n <subsection commented=\"no\" id=\"H9E41FAE1DB1C4560AA50D0A4D89D90D8\">\n <enum>\n (a)\n </enum>\n <header>\n Under Secretary\n\t\t\t of Peacebuilding\n </header>\n <text>\n The President shall appoint an Under Secretary\n\t\t\t of Peacebuilding in the Department, by and with the advice and consent of the\n\t\t\t Senate. During the absence or disability of the Secretary, or in the event of a\n\t\t\t vacancy in the office of the Secretary, the Under Secretary shall act as\n\t\t\t Secretary. The Secretary shall designate the order in which other officials of\n\t\t\t the Department shall act and perform the functions of the Secretary during the\n\t\t\t absence or disability of both the Secretary and Under Secretary or in the event\n\t\t\t of vacancies in both offices.\n </text>\n </subsection>\n <subsection commented=\"no\" id=\"HFD255AA191BD48F1A1EA60C295A711C6\">\n <enum>\n (b)\n </enum>\n <header>\n Additional\n\t\t\t positions\n </header>\n <paragraph commented=\"no\" display-inline=\"no-display-inline\" id=\"H80864095478949D3BA144729E363320B\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n The President shall\n\t\t\t appoint in the Department, by and with the advice and consent of the\n\t\t\t Senate—\n </text>\n <subparagraph commented=\"no\" display-inline=\"no-display-inline\" id=\"H4CD73402CAF545C08B9CCA99E1742699\">\n <enum>\n (A)\n </enum>\n <text>\n an Assistant\n\t\t\t Secretary for Peace Education and Training;\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" display-inline=\"no-display-inline\" id=\"HBB2C418BF56849149636ABF41F88B35A\">\n <enum>\n (B)\n </enum>\n <text>\n an Assistant\n\t\t\t Secretary for Domestic Peace Activities;\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" display-inline=\"no-display-inline\" id=\"HB8DF01B48CFF42DBADAD5572C1E208EB\">\n <enum>\n (C)\n </enum>\n <text>\n an Assistant\n\t\t\t Secretary for International Peace Activities;\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" display-inline=\"no-display-inline\" id=\"H1FA30B72BE844191B81731E9203BBEC2\">\n <enum>\n (D)\n </enum>\n <text>\n an Assistant\n\t\t\t Secretary for Technology for Peace;\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" display-inline=\"no-display-inline\" id=\"H69EF78F9A992475C85C5B773DA762C1B\">\n <enum>\n (E)\n </enum>\n <text>\n an Assistant\n\t\t\t Secretary for Arms Control and Disarmament;\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" display-inline=\"no-display-inline\" id=\"H87984F037C024E3B9EA3A7D8E6267C07\">\n <enum>\n (F)\n </enum>\n <text>\n an Assistant\n\t\t\t Secretary for Peacebuilding Information and Research;\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" display-inline=\"no-display-inline\" id=\"H186EB23FA3654995BF1ED0A2D5057815\">\n <enum>\n (G)\n </enum>\n <text>\n an Assistant\n\t\t\t Secretary for Human and Economic Rights; and\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" display-inline=\"no-display-inline\" id=\"HB6F692A634AC4745A2124247FF0B4BDA\">\n <enum>\n (H)\n </enum>\n <text>\n a General\n\t\t\t Counsel.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph commented=\"no\" display-inline=\"no-display-inline\" id=\"H033FB7744A2D425EB85D7204B1823F64\">\n <enum>\n (2)\n </enum>\n <header>\n Establishment of\n\t\t\t Inspector General of the Department of Peacebuilding\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 12 of the Inspector General Act of\n\t\t\t 1978 (5 U.S.C. App.) is amended—\n </text>\n <subparagraph id=\"HA77ED03F486940099EDA65C0622294CC\">\n <enum>\n (A)\n </enum>\n <text>\n in paragraph (1),\n\t\t\t by inserting\n <quote>\n Peacebuilding,\n </quote>\n after\n <quote>\n Homeland\n\t\t\t Security,\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HE07B51B151EC48B3A212F424208AA8D6\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in paragraph (2), by inserting\n <quote>\n Peacebuilding,\n </quote>\n after\n <quote>\n Homeland Security,\n </quote>\n .\n </text>\n </subparagraph>\n </paragraph>\n <paragraph commented=\"no\" display-inline=\"no-display-inline\" id=\"HE61A55FD6F234F748CC439E49ED26973\">\n <enum>\n (3)\n </enum>\n <header>\n Additional\n\t\t\t officers\n </header>\n <text display-inline=\"yes-display-inline\">\n The President shall\n\t\t\t appoint 4 additional officers in the Department, by and with the advice and\n\t\t\t consent of the Senate. The officers appointed under this paragraph shall\n\t\t\t perform such functions as the Secretary shall prescribe, including—\n </text>\n <subparagraph commented=\"no\" id=\"H5CA7E0EDAFF14DAB8FFF4923AD6E6640\">\n <enum>\n (A)\n </enum>\n <text>\n congressional\n\t\t\t relations functions;\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"HB491904D550C491E9914CE773ACBE4C8\">\n <enum>\n (B)\n </enum>\n <text>\n public information\n\t\t\t functions, including providing, through the use of the latest technologies,\n\t\t\t useful information about peace and the work of the Department;\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H30A4F4946D664EFDB54AFE78BEFC368D\">\n <enum>\n (C)\n </enum>\n <text>\n management and\n\t\t\t budget functions; and\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H0BF5ED5E67F24D929ACD25B6E57C3128\">\n <enum>\n (D)\n </enum>\n <text>\n planning,\n\t\t\t evaluation, and policy development functions, including development of policies\n\t\t\t to promote the efficient and coordinated administration of the Department and\n\t\t\t its programs and encourage improvements in conflict resolution and violence\n\t\t\t prevention.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph commented=\"no\" display-inline=\"no-display-inline\" id=\"H31B031886B3449B697DA67BBAFF54E8F\">\n <enum>\n (4)\n </enum>\n <header>\n Description of\n\t\t\t functions\n </header>\n <text>\n In any case in which the President submits the name of\n\t\t\t an individual to the Senate for confirmation as an officer of the Department\n\t\t\t under this subsection, the President shall state the particular functions such\n\t\t\t individual will exercise upon taking office.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H31B46481C76E4081815351C54D83E2EB\">\n <enum>\n (c)\n </enum>\n <header>\n Authority of\n\t\t\t Secretary\n </header>\n <text>\n Each officer described in this section shall report\n\t\t\t directly to the Secretary and shall, in addition to any functions vested in or\n\t\t\t required to be delegated to such officer, perform such additional functions as\n\t\t\t the Secretary may prescribe.\n </text>\n </subsection>\n </section>\n <section id=\"H46C99D7AED1444CD97D0D22839EC956A\">\n <enum>\n 104.\n </enum>\n <header>\n Office of Peace\n\t\t\t Education and Training\n </header>\n <subsection commented=\"no\" id=\"H9E5EF03BFE3049848FCF5576B21C96B4\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n There shall be in the\n\t\t\t Department an Office of Peace Education and Training, the head of which shall\n\t\t\t be the Assistant Secretary for Peace Education and Training. The Assistant\n\t\t\t Secretary for Peace Education and Training shall carry out those functions of\n\t\t\t the Department relating to the creation, encouragement, and impact of peace\n\t\t\t education and training at the elementary, secondary, university, and\n\t\t\t postgraduate levels, including the development of a Peace Academy, and\n\t\t\t disseminate applicable policies and research in consultation with entities of\n\t\t\t the Department of Health and Human Services, including—\n </text>\n <paragraph commented=\"no\" id=\"H64BF1B2D6BEA4ABD916CF7C67444FB34\">\n <enum>\n (1)\n </enum>\n <text>\n the Administration\n\t\t\t for Children and Families;\n </text>\n </paragraph>\n <paragraph id=\"H593F09AB15984F4EBFCE8223A61C36A5\">\n <enum>\n (2)\n </enum>\n <text>\n the Administration\n\t\t\t on Aging;\n </text>\n </paragraph>\n <paragraph id=\"HBC5807C1C1704608BD0AEFE4F83C0F3A\">\n <enum>\n (3)\n </enum>\n <text>\n Centers for\n\t\t\t Disease Control and Prevention; and\n </text>\n </paragraph>\n <paragraph id=\"HAF1E60FF64354EA2ADC4590DE95BEE00\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the National Institutes of Health.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H11CC292D4B4A46B480B190AD0918FA8A\">\n <enum>\n (b)\n </enum>\n <header>\n Peace\n\t\t\t curriculum\n </header>\n <text>\n The Assistant Secretary of Peace Education and\n\t\t\t Training, in consultation with the Secretary of Education, the United States\n\t\t\t Institute of Peace, nongovernmental groups, public institutions, peace and\n\t\t\t conflict studies programs of institutions of higher education, and Federal\n\t\t\t agencies that provide effective peace training materials and curricula, shall\n\t\t\t support the development and dissemination of effective peace curricula and\n\t\t\t supporting materials for distribution to departments of education in each State\n\t\t\t and territory of the United States. The peace curriculum shall include—\n </text>\n <paragraph id=\"H270FA9C9215242648C087FC52350AF86\">\n <enum>\n (1)\n </enum>\n <text>\n building\n\t\t\t communicative peace skills and nonviolent conflict resolution skills;\n </text>\n </paragraph>\n <paragraph id=\"H63412193CDAA4D31A29820BA78A461F8\">\n <enum>\n (2)\n </enum>\n <text>\n teaching and\n\t\t\t fostering compassion, empathy, tolerance, respect, inclusion, and forgiveness;\n\t\t\t and\n </text>\n </paragraph>\n <paragraph id=\"H660B1DD8B9084D0F9CAF40908382F85F\">\n <enum>\n (3)\n </enum>\n <text>\n promoting other\n\t\t\t objectives to increase the knowledge of peace processes.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HF941CDA68EC44522BA9082E9A951FA5A\">\n <enum>\n (c)\n </enum>\n <header>\n Grants\n </header>\n <text>\n The\n\t\t\t Assistant Secretary of Peace Education and Training shall—\n </text>\n <paragraph id=\"H61CDEEB3363A4DCEB714EE748C8BCAE8\">\n <enum>\n (1)\n </enum>\n <text>\n provide peace\n\t\t\t education grants to institutions of higher education for the creation and\n\t\t\t expansion of peace studies departments and the education and training of\n\t\t\t teachers in peace studies; and\n </text>\n </paragraph>\n <paragraph id=\"HD3B84B32FC194A85A264E13E93DDC4C6\">\n <enum>\n (2)\n </enum>\n <text>\n create a Community\n\t\t\t Peace Block Grant program under which the Secretary shall make grants to\n\t\t\t nonprofit organizations and nongovernmental organizations for the purposes of\n\t\t\t developing innovative neighborhood programs for nonviolent conflict resolution\n\t\t\t and creating local peacebuilding initiatives.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H7720160518E5428D9A060D71E6B3D67F\">\n <enum>\n 105.\n </enum>\n <header>\n Office of\n\t\t\t Domestic Peace Activities\n </header>\n <subsection id=\"H2FA6F5AA78CF41F4B4E9A7248B500F1F\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n There shall be in the Department an Office of Domestic\n\t\t\t Peace Activities, the head of which shall be the Assistant Secretary for\n\t\t\t Domestic Peace Activities. The Assistant Secretary for Domestic Peace\n\t\t\t Activities shall carry out those functions in the Department affecting domestic\n\t\t\t peace activities, including the development of policies that increase awareness\n\t\t\t about intervention and counseling on domestic violence and conflict.\n </text>\n </subsection>\n <subsection id=\"H204246ABCE474C9A81D3FFAA12FF67BB\">\n <enum>\n (b)\n </enum>\n <header>\n Responsibilities\n </header>\n <text>\n The\n\t\t\t Assistant Secretary for Domestic Peace Activities shall—\n </text>\n <paragraph id=\"H511F9182F1C04B4DA6D9068A71BD3D40\">\n <enum>\n (1)\n </enum>\n <text>\n develop policy and\n\t\t\t disseminate best practices from the field for the treatment of drug and alcohol\n\t\t\t abuse;\n </text>\n </paragraph>\n <paragraph id=\"HBC950241CE164C5A8835C4DCC4D229B8\">\n <enum>\n (2)\n </enum>\n <text>\n develop\n\t\t\t community-based strategies for celebrating diversity and promoting\n\t\t\t tolerance;\n </text>\n </paragraph>\n <paragraph id=\"HB23DD305921749F7A89A35A47039417D\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n develop new policies and build on existing\n\t\t\t proven programs—\n </text>\n <subparagraph id=\"H1450343CEBF74ECCBD648ABD08AF6A4D\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to assist in the prevention of crime,\n\t\t\t including the development of community policing strategies and peaceful\n\t\t\t settlement skills among police and other public safety officers;\n </text>\n </subparagraph>\n <subparagraph id=\"H802C18248C1E425783E4BD986EA9A733\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to assist in the re-entry into the\n\t\t\t community by individuals who have been incarcerated, including training in\n\t\t\t anger management and peacebuilding skills, life skills, and educational and job\n\t\t\t skills;\n </text>\n </subparagraph>\n <subparagraph id=\"H2E85EC92449E4755B57B2B4F92EDA4FC\">\n <enum>\n (C)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to assist in creating strong and healthy\n\t\t\t families, including supporting mental health services, domestic violence\n\t\t\t prevention, gang prevention, anti-bullying programs, substance abuse\n\t\t\t prevention, and parenting skills;\n </text>\n </subparagraph>\n <subparagraph id=\"H0AE5A10207FB4CD3BC32453628752AEF\">\n <enum>\n (D)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to provide restorative justice programs at\n\t\t\t all levels of the criminal justice system that bring together offenders,\n\t\t\t victims, and community members in an effort to repair the damage caused by\n\t\t\t criminal activity through accountability and rehabilitation;\n </text>\n </subparagraph>\n <subparagraph id=\"H2328C4072BAA455C8DE790DAC4079027\">\n <enum>\n (E)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to provide for training and deployment into\n\t\t\t neighborhoods of nonmilitary domestic conflict prevention and peacemaking\n\t\t\t personnel, including violence interrupters and civilian community peacekeepers;\n\t\t\t and\n </text>\n </subparagraph>\n <subparagraph id=\"H73275C02B5244237AA5A80FE9482A931\">\n <enum>\n (F)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to implement community-based policing to\n\t\t\t break down barriers between law enforcement officers and the people such\n\t\t\t officers serve;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H4BC5B2884F0C4D3C8A252DE6354E42E0\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n promote informal and cultural exchanges\n\t\t\t between individuals and groups of proximate neighborhoods and regions to\n\t\t\t encourage understanding and acceptance; and\n </text>\n </paragraph>\n <paragraph id=\"H4DE975BE4DD94E2C9B3FCFDC445E1DFD\">\n <enum>\n (5)\n </enum>\n <text display-inline=\"yes-display-inline\">\n disseminate applicable policies and\n\t\t\t research in consultation with appropriate entities of—\n </text>\n <subparagraph id=\"H40FAB11162D540E18648F0E03DA74522\">\n <enum>\n (A)\n </enum>\n <text>\n the Department of\n\t\t\t Justice;\n </text>\n </subparagraph>\n <subparagraph id=\"H1274FE4383974435A14BA00AB1D170AA\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the Department of Health and Human\n\t\t\t Services;\n </text>\n </subparagraph>\n <subparagraph id=\"HBA546F31512041E4A37F5B50D1C63866\">\n <enum>\n (C)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the Department of State; and\n </text>\n </subparagraph>\n <subparagraph id=\"H419EC5A996434895B2EFE2980A8EBD13\">\n <enum>\n (D)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the Department of Education.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H60CD2B6F910E4D079A20F769D56BD423\">\n <enum>\n (c)\n </enum>\n <header>\n Grants\n </header>\n <text display-inline=\"yes-display-inline\">\n The Assistant Secretary for Domestic Peace\n\t\t\t Activities shall create a grant program to be known as the Cultural Diplomacy\n\t\t\t for Peace grant program under which the Secretary shall make grants to\n\t\t\t elementary schools, secondary schools, institutions of higher education,\n\t\t\t nonprofit organizations, and nongovernmental organizations for the purpose of\n\t\t\t developing domestic cultural exchanges, including exchanges relating to the\n\t\t\t arts and sports, that promote diplomacy and cultural understanding between\n\t\t\t neighborhoods and members of the neighboring communities.\n </text>\n </subsection>\n </section>\n <section id=\"HF616E85E5AAD4212A5975F90E953FAC2\">\n <enum>\n 106.\n </enum>\n <header>\n Office of\n\t\t\t International Peace Activities\n </header>\n <subsection id=\"H8668DED51905467F83F5175AD362CCE2\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n There shall be in the Department an Office of\n\t\t\t International Peace Activities, the head of which shall be the Assistant\n\t\t\t Secretary for International Peace Activities. The Assistant Secretary for\n\t\t\t International Peace Activities shall carry out those functions in the\n\t\t\t Department affecting international peace activities.\n </text>\n </subsection>\n <subsection id=\"HCACFD6466B654249B1AF07EA231D7189\">\n <enum>\n (b)\n </enum>\n <header>\n Responsibilities\n </header>\n <text>\n The\n\t\t\t Assistant Secretary for International Peace Activities shall—\n </text>\n <paragraph id=\"H2D057F12F2154594A26F71A86093CF71\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n develop new programs and promote existing\n\t\t\t proven programs to—\n </text>\n <subparagraph id=\"H8C68134431AA4CEAB9847374660B6FC0\">\n <enum>\n (A)\n </enum>\n <text>\n provide for the\n\t\t\t training and deployment of graduates of the Peace Academy established under\n\t\t\t section 102(f) and other nonmilitary conflict prevention and peacemaking\n\t\t\t personnel;\n </text>\n </subparagraph>\n <subparagraph id=\"HC0E5AE9A4A774D9A9D080FE3FDDC0058\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n support country and regional conflict\n\t\t\t prevention and dispute resolution initiatives in countries experiencing social,\n\t\t\t political, or economic strife;\n </text>\n </subparagraph>\n <subparagraph id=\"H467376926CEB4F5C90807D5CBBA98A0C\">\n <enum>\n (C)\n </enum>\n <text display-inline=\"yes-display-inline\">\n provide training for the administration of\n\t\t\t post-conflict reconstruction and demobilization in war-torn societies;\n </text>\n </subparagraph>\n <subparagraph id=\"HBD6187D02C0047E08B77A061FEF2A311\">\n <enum>\n (D)\n </enum>\n <text display-inline=\"yes-display-inline\">\n address root causes of violence;\n </text>\n </subparagraph>\n <subparagraph id=\"H068869EBE6F2409A9D8AAA3F8A81B855\">\n <enum>\n (E)\n </enum>\n <text>\n eradicate extreme\n\t\t\t hunger and poverty;\n </text>\n </subparagraph>\n <subparagraph id=\"H56F5F7108D7D4AC0ACB58502E1B428D8\">\n <enum>\n (F)\n </enum>\n <text>\n achieve universal\n\t\t\t primary education; and\n </text>\n </subparagraph>\n <subparagraph id=\"H41B25983E91245E48E7D2BA9B4CFD36E\">\n <enum>\n (G)\n </enum>\n <text>\n empower women and\n\t\t\t girls;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H589CF79189F646FB86C4AA2F404BA3A9\">\n <enum>\n (2)\n </enum>\n <text>\n support the\n\t\t\t creation of a multinational nonviolent peace force;\n </text>\n </paragraph>\n <paragraph id=\"H4674E657EDB949789449B972268FC092\">\n <enum>\n (3)\n </enum>\n <text>\n provide for the\n\t\t\t exchanges between individuals of the United States and other nations who are\n\t\t\t endeavoring to develop domestic and international peace-based initiatives;\n\t\t\t and\n </text>\n </paragraph>\n <paragraph id=\"H332E025867C64F91BE085176361C8855\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n disseminate applicable policies and\n\t\t\t research in consultation with appropriate entities of—\n </text>\n <subparagraph id=\"H09C6A287E9B3496A83F71F5628AE7A10\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the Department of State;\n </text>\n </subparagraph>\n <subparagraph id=\"HC2B5BD93DC9D4CD9861878827F92A316\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the Department of Labor;\n </text>\n </subparagraph>\n <subparagraph id=\"HA7357C718FAF43B980665AA91D14425C\">\n <enum>\n (C)\n </enum>\n <text>\n the Peace Corps;\n\t\t\t and\n </text>\n </subparagraph>\n <subparagraph id=\"H38EEEFC96ED64C54AE4D8E9C7BA8E631\">\n <enum>\n (D)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the United States Institute of\n\t\t\t Peace.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H1E9DE23E5DB543F89345A7C8328FDBD0\">\n <enum>\n (c)\n </enum>\n <header>\n Grants\n </header>\n <text display-inline=\"yes-display-inline\">\n The Assistant Secretary for International\n\t\t\t Peace Activities shall create a grant program to be known as the International\n\t\t\t Cultural Diplomacy for Peace grant program under which the Secretary shall make\n\t\t\t grants to elementary schools, secondary schools, institutions of higher\n\t\t\t education, nonprofit organizations, and nongovernmental organizations for the\n\t\t\t purpose of developing international cultural exchanges, including exchanges\n\t\t\t related to the arts and sports, that promote diplomacy and cultural\n\t\t\t understanding between the United States and members of the international\n\t\t\t community.\n </text>\n </subsection>\n </section>\n <section id=\"HDC9FBBD2C31C4E49942F1C1DE053A0F3\">\n <enum>\n 107.\n </enum>\n <header>\n Office of\n\t\t\t Technology for Peace\n </header>\n <subsection id=\"H5B3D6B364F404394B882C3E347939ADC\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n There shall be in the\n\t\t\t Department an Office of Technology for Peace, the head of which shall be the\n\t\t\t Assistant Secretary for Technology for Peace. The Assistant Secretary for\n\t\t\t Technology for Peace shall carry out those functions in the Department\n\t\t\t affecting the awareness, study, and impact of developing new technologies on\n\t\t\t the creation and maintenance of domestic and international peace, and\n\t\t\t disseminate applicable policies and research in consultation with appropriate\n\t\t\t entities of the Department of State.\n </text>\n </subsection>\n <subsection id=\"H36F98EA127E7454FBE57EB77BFF55FAC\">\n <enum>\n (b)\n </enum>\n <header>\n Grants\n </header>\n <text>\n The\n\t\t\t Assistant Secretary for Technology for Peace shall make grants for the research\n\t\t\t and development of technologies in transportation, communications, agriculture,\n\t\t\t and energy that—\n </text>\n <paragraph id=\"H471F5E823A514F6285F653FF232139BB\">\n <enum>\n (1)\n </enum>\n <text>\n are nonviolent in\n\t\t\t application; and\n </text>\n </paragraph>\n <paragraph id=\"H678460AB96524D139A883B39D1C42590\">\n <enum>\n (2)\n </enum>\n <text>\n encourage the\n\t\t\t conservation and sustainability of natural resources in order to prevent future\n\t\t\t conflicts regarding scarce resources.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"HB14397980D1246FB9DEE3E4E5743CCED\">\n <enum>\n 108.\n </enum>\n <header>\n Office of Arms\n\t\t\t Control and Disarmament\n </header>\n <subsection id=\"H26FC146CC70B458595F7F3DD27A0E72C\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n There shall be in the Department an Office of Arms\n\t\t\t Control and Disarmament, the head of which shall be the Assistant Secretary for\n\t\t\t Arms Control and Disarmament. The Assistant Secretary for Arms Control and\n\t\t\t Disarmament shall carry out those functions in the Department affecting arms\n\t\t\t control programs and arms limitation agreements.\n </text>\n </subsection>\n <subsection id=\"H64865809D9D24A30B47302C6AF2A5712\">\n <enum>\n (b)\n </enum>\n <header>\n Responsibilities\n </header>\n <text>\n The\n\t\t\t Assistant Secretary for Arms Control and Disarmament shall—\n </text>\n <paragraph id=\"HB4FE17F05E354D27B823E4C221CF6A94\">\n <enum>\n (1)\n </enum>\n <text>\n advise the\n\t\t\t Secretary on interagency discussions and international negotiations, including\n\t\t\t discussions involving the Secretary of State, the Atomic Energy Commission, and\n\t\t\t the Secretary of Defense, regarding the reduction and elimination of weapons of\n\t\t\t mass destruction throughout the world, including the dismantling of such\n\t\t\t weapons and the safe and secure storage of materials related thereto;\n </text>\n </paragraph>\n <paragraph id=\"HCAC295DD952541B3B77D8CDC75A9C53A\">\n <enum>\n (2)\n </enum>\n <text>\n assist nations,\n\t\t\t international agencies, and nongovernmental organizations in assessing the\n\t\t\t locations of the buildup of nuclear arms and other weapons of mass\n\t\t\t destruction;\n </text>\n </paragraph>\n <paragraph id=\"H5177DB0B9C17490BA03B111718F3BEDE\">\n <enum>\n (3)\n </enum>\n <text>\n develop nonviolent\n\t\t\t strategies to deter testing or use of offensive or defensive nuclear weapons\n\t\t\t and other weapons of mass destruction, whether based on land, air, sea, or in\n\t\t\t space;\n </text>\n </paragraph>\n <paragraph id=\"HC0B29064DAF444C09AFC5B5DD00531DC\">\n <enum>\n (4)\n </enum>\n <text>\n serve as a\n\t\t\t depository for copies of all contracts, agreements, and treaties that address\n\t\t\t the reduction and elimination of nuclear weapons and other weapons of mass\n\t\t\t destruction or the protection of space from militarization;\n </text>\n </paragraph>\n <paragraph id=\"H12CFAECA5F2047019DA6CF2270A6B1CB\">\n <enum>\n (5)\n </enum>\n <text>\n provide technical\n\t\t\t support and legal assistance for the implementation of such agreements;\n\t\t\t and\n </text>\n </paragraph>\n <paragraph id=\"HCB439922AAA84FA3ADD13E7A9CBA694C\">\n <enum>\n (6)\n </enum>\n <text display-inline=\"yes-display-inline\">\n disseminate applicable policies and\n\t\t\t research in consultation with appropriate entities of the Department of State\n\t\t\t and the Department of Commerce.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H148539214D2E43F79F8CCBDF8589554C\">\n <enum>\n 109.\n </enum>\n <header>\n Office of\n\t\t\t Peacebuilding Information and Research\n </header>\n <subsection id=\"H4C492C61A41449C3A3B5DAB78798789E\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n There shall be in the\n\t\t\t Department an Office of Peacebuilding Information and Research, the head of\n\t\t\t which shall be the Assistant Secretary for Peacebuilding Information and\n\t\t\t Research. The Assistant Secretary for Peacebuilding Information and Research\n\t\t\t shall carry out those functions in the Department affecting research and\n\t\t\t analysis relating to creating, initiating, and modeling approaches to peaceful\n\t\t\t coexistence and nonviolent conflict resolution.\n </text>\n </subsection>\n <subsection id=\"H6860F6A4A78A4DF3B927BA80535BFE4C\">\n <enum>\n (b)\n </enum>\n <header>\n Responsibilities\n </header>\n <text display-inline=\"yes-display-inline\">\n The Assistant Secretary for Peacebuilding\n\t\t\t Information and Research shall—\n </text>\n <paragraph id=\"H21352C72A90D4D7788FC4F3E230A326F\">\n <enum>\n (1)\n </enum>\n <text>\n commission or\n\t\t\t compile studies on the impact of war, especially on the physical and mental\n\t\t\t condition of children (using the 10-point anti-war agenda in the United Nations\n\t\t\t Children’s Fund report, State of the World’s Children 1996, as a guide) that\n\t\t\t shall include the study of the effect of war on the environment and public\n\t\t\t health;\n </text>\n </paragraph>\n <paragraph id=\"HC5840BF3330E4964ABE29B06C04DA0B2\">\n <enum>\n (2)\n </enum>\n <text>\n compile\n\t\t\t information on effective community peacebuilding activities and disseminate\n\t\t\t such information to local governments and nongovernmental organizations in the\n\t\t\t United States and abroad;\n </text>\n </paragraph>\n <paragraph id=\"H7F5E4A02714842D59152720EA01AF22A\">\n <enum>\n (3)\n </enum>\n <text>\n commission or\n\t\t\t compile research on the effect of violence in the media and make such reports\n\t\t\t available to the Congress annually;\n </text>\n </paragraph>\n <paragraph id=\"HFC25F44D245C44C6923F8F3DF87E21E9\">\n <enum>\n (4)\n </enum>\n <text>\n publish a monthly\n\t\t\t journal of the activities of the Department and encourage scholarly\n\t\t\t participation;\n </text>\n </paragraph>\n <paragraph id=\"H113EB96E79D84548A0EF23F65AF932BF\">\n <enum>\n (5)\n </enum>\n <text>\n sponsor\n\t\t\t conferences throughout the United States to create awareness of the work of the\n\t\t\t Department; and\n </text>\n </paragraph>\n <paragraph id=\"H8C883DF22B0A4A2FBFEAB8B440A14127\">\n <enum>\n (6)\n </enum>\n <text>\n where applicable,\n\t\t\t work to carry out the responsibilities under this subsection in consultation\n\t\t\t with the United States Institute of Peace and other governmental and\n\t\t\t nongovernmental entities, including—\n </text>\n <subparagraph id=\"HB52DE9DD75C042D7918026F3E23DAF70\">\n <enum>\n (A)\n </enum>\n <text>\n the Department of\n\t\t\t Health and Human Services;\n </text>\n </subparagraph>\n <subparagraph id=\"H73BBDA822C0942E08037A39F9165F8C6\">\n <enum>\n (B)\n </enum>\n <text>\n the Department of\n\t\t\t Justice; and\n </text>\n </subparagraph>\n <subparagraph id=\"HADA9428140DE4052AD5478667AFDF872\">\n <enum>\n (C)\n </enum>\n <text>\n the Department of\n\t\t\t State.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H73C403153F4749F0B995B77395BDDF9C\">\n <enum>\n 110.\n </enum>\n <header>\n Office of Human\n\t\t\t Rights and Economic Rights\n </header>\n <subsection id=\"H04E7FF069609485787A6CA818936E80D\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n There shall be in the Department an Office of Human\n\t\t\t Rights and Economic Rights, the head of which shall be the Assistant Secretary\n\t\t\t for Human Rights and Economic Rights. The Assistant Secretary for Human Rights\n\t\t\t and Economic Rights shall carry out those functions in the Department that\n\t\t\t support the principles of the Universal Declaration of Human Rights adopted by\n\t\t\t the General Assembly of the United Nations on December 10, 1948.\n </text>\n </subsection>\n <subsection id=\"H5E3922C5071D4D07998197F503D88531\">\n <enum>\n (b)\n </enum>\n <header>\n Responsibilities\n </header>\n <text>\n The\n\t\t\t Assistant Secretary for Human Rights and Economic Rights shall—\n </text>\n <paragraph commented=\"no\" id=\"H0071629B86B6400BB5196E9FB23A375A\">\n <enum>\n (1)\n </enum>\n <text>\n assist the\n\t\t\t Secretary, in consultation with the Secretary of State, in furthering the\n\t\t\t incorporation of the principles of human rights, as enunciated in the Universal\n\t\t\t Declaration of Human Rights, United Nations General Assembly Resolution 217A\n\t\t\t (III) of December 10, 1948, into all agreements between the United States and\n\t\t\t other nations to help reduce the causes of violence;\n </text>\n </paragraph>\n <paragraph id=\"HE632006DD484441BBB572C160F37EA0D\">\n <enum>\n (2)\n </enum>\n <text>\n consult with the\n\t\t\t Secretary of State, the Atrocities Prevention Board of the White House, and\n\t\t\t other similarly concerned governmental and nongovernmental agencies to gather\n\t\t\t information on and document domestic and international human rights abuses,\n\t\t\t including genocide, torture, human trafficking, child soldiers, and child\n\t\t\t labor, and recommend to the Secretary nonviolent responses to promote\n\t\t\t awareness, understanding, and correction of abuses;\n </text>\n </paragraph>\n <paragraph id=\"HB8E27D5A850241BAB3B425B08E768C5F\">\n <enum>\n (3)\n </enum>\n <text>\n make such\n\t\t\t information available to other governmental and nongovernmental agencies in\n\t\t\t order to facilitate nonviolent conflict resolution;\n </text>\n </paragraph>\n <paragraph id=\"HB274A5A7134D4435B28667B38E1A329B\">\n <enum>\n (4)\n </enum>\n <text>\n provide trained\n\t\t\t observers to work with nongovernmental organizations for purposes of creating a\n\t\t\t climate conducive to the respect for human rights;\n </text>\n </paragraph>\n <paragraph id=\"HB01FF2905E4A412BABF5357EFABC1873\">\n <enum>\n (5)\n </enum>\n <text>\n conduct economic\n\t\t\t analyses of the scarcity of human and natural resources as a source of conflict\n\t\t\t and make recommendations to the Secretary for nonviolent prevention of such\n\t\t\t scarcity, nonviolent intervention in case of such scarcity, and the development\n\t\t\t of programs to assist people facing such scarcity, whether due to armed\n\t\t\t conflict, misdistribution of resources, or natural causes;\n </text>\n </paragraph>\n <paragraph id=\"H9989FE1F769849EC8B7BE246B2D0FB0B\">\n <enum>\n (6)\n </enum>\n <text>\n assist the\n\t\t\t Secretary, in consultation with the Secretary of State and the Secretary of the\n\t\t\t Treasury, in developing strategies regarding the sustainability and the\n\t\t\t management of the distribution of funds from international agencies, the\n\t\t\t conditions regarding the receipt of such funds, and the impact of those\n\t\t\t conditions on the peace and stability of the recipient nations;\n </text>\n </paragraph>\n <paragraph id=\"H1615D0D862134EA081D292C988B3576B\">\n <enum>\n (7)\n </enum>\n <text>\n assist the\n\t\t\t Secretary, in consultation with the Secretary of State and the Secretary of\n\t\t\t Labor, in developing strategies to promote full compliance with domestic and\n\t\t\t international labor rights law;\n </text>\n </paragraph>\n <paragraph id=\"H216DB160C455446993D345EA54985429\">\n <enum>\n (8)\n </enum>\n <text>\n conduct policy\n\t\t\t analysis to ensure that the international development investments of the United\n\t\t\t States positively impact the peace and stability of the recipient nation;\n\t\t\t and\n </text>\n </paragraph>\n <paragraph id=\"HACB999162B4F4B23BDE15DA7CC2B89BD\">\n <enum>\n (9)\n </enum>\n <text display-inline=\"yes-display-inline\">\n disseminate policies and research in\n\t\t\t consultation with appropriate entities of the Department of State.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H42BB64D3C5254FC0830BAC34F4C4EB29\">\n <enum>\n 111.\n </enum>\n <header>\n Intergovernmental\n\t\t\t Advisory Council on Peace\n </header>\n <subsection id=\"HB14C2912B1E44704B975B9695A888D0A\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n There shall be in the Department an advisory committee\n\t\t\t known as the Intergovernmental Advisory Council on Peace (in this section\n\t\t\t referred to as the\n <quote>\n Council\n </quote>\n ). The Council shall provide\n\t\t\t assistance and make recommendations to the President and the Secretary\n\t\t\t concerning intergovernmental policies relating to peace and nonviolent conflict\n\t\t\t resolution.\n </text>\n </subsection>\n <subsection id=\"HF3E39A2B58504F05A12BAB647FFFFDA1\">\n <enum>\n (b)\n </enum>\n <header>\n Responsibilities\n </header>\n <text>\n The\n\t\t\t Council shall—\n </text>\n <paragraph id=\"HC3FED0C981A94E4BAFB8F5A9D703953E\">\n <enum>\n (1)\n </enum>\n <text>\n provide a forum\n\t\t\t for representatives of Federal, State, and local governments to discuss peace\n\t\t\t issues;\n </text>\n </paragraph>\n <paragraph id=\"H4237E1C5399B40F6BCD9727DD02E9AF3\">\n <enum>\n (2)\n </enum>\n <text>\n promote better\n\t\t\t intergovernmental relations and offer professional mediation services to\n\t\t\t resolve intergovernmental conflict as needed; and\n </text>\n </paragraph>\n <paragraph id=\"H0FC5723EF2284964A7B81186797F2D26\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n submit biennially, or more frequently if\n\t\t\t determined necessary by the Council, a report to the President, the Secretary,\n\t\t\t and Congress reviewing the impact of Federal peace activities on the Federal\n\t\t\t Government and on State and local governments.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HA7EED5BCD91C464CADA597A2859F8E41\">\n <enum>\n (c)\n </enum>\n <header>\n Membership\n </header>\n <text display-inline=\"yes-display-inline\">\n The Secretary shall appoint the members of\n\t\t\t the Council.\n </text>\n </subsection>\n </section>\n <section id=\"HA304D22699614B06887869B8117AFB7C\">\n <enum>\n 112.\n </enum>\n <header>\n Federal\n\t\t\t Interagency Committee on Peace\n </header>\n <subsection id=\"HEC1EBFF89D3D4B9F8906EB631F712D3A\">\n <enum>\n (a)\n </enum>\n <header>\n Establishment\n </header>\n <text display-inline=\"yes-display-inline\">\n There is established a Federal Interagency\n\t\t\t Committee on Peace (in this section referred to as the\n <quote>\n Committee\n </quote>\n ). The Committee shall—\n </text>\n <paragraph id=\"HB5FF84A6BD2C4388AA00215F851B3EB5\">\n <enum>\n (1)\n </enum>\n <text>\n assist the\n\t\t\t Secretary in providing a mechanism to assure that the procedures and actions of\n\t\t\t the Department and other Federal agencies are fully coordinated; and\n </text>\n </paragraph>\n <paragraph id=\"HC28713BE81B04373AEAD129C922F08DF\">\n <enum>\n (2)\n </enum>\n <text>\n study and make\n\t\t\t recommendations for assuring effective coordination of Federal programs,\n\t\t\t policies, and administrative practices affecting peace.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H11B2A1CC2A774695A527D92A787A9096\">\n <enum>\n (b)\n </enum>\n <header>\n Membership\n </header>\n <text>\n The\n\t\t\t Secretary shall appoint the members of the Committee.\n </text>\n </subsection>\n </section>\n <section id=\"HCA581F22AADD440DBF686D9F1C52A8F7\">\n <enum>\n 113.\n </enum>\n <header>\n Staff\n </header>\n <text display-inline=\"no-display-inline\">\n The Secretary may appoint and fix the\n\t\t\t compensation of such employees as may be necessary to carry out the functions\n\t\t\t of the Secretary and the Department. Except as otherwise provided by law, such\n\t\t\t employees shall be appointed in accordance with applicable laws and the\n\t\t\t compensation of such employees fixed in accordance with title 5, United States\n\t\t\t Code.\n </text>\n </section>\n <section id=\"H5C31BB636E0C4DD3829E6C40AD4681DE\">\n <enum>\n 114.\n </enum>\n <header>\n Consultation\n\t\t\t required\n </header>\n <subsection id=\"H7FA9D3D1ED14491ABF60FC113A924D27\">\n <enum>\n (a)\n </enum>\n <header>\n Consultation in\n\t\t\t cases of conflict and violence prevention\n </header>\n <paragraph commented=\"no\" display-inline=\"no-display-inline\" id=\"H8E216A92F35441B6990C1160DAA809A6\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n In any case in which a conflict between the United States\n\t\t\t and any other government or entity is imminent or occurring, the Secretary of\n\t\t\t Defense and the Secretary of State shall consult with the Secretary of\n\t\t\t Peacebuilding concerning violence prevention, nonviolent means of conflict\n\t\t\t resolution, and peacebuilding.\n </text>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"HD5A0498AFBEC4806A9B9D5A2D3A004C9\">\n <enum>\n (2)\n </enum>\n <header>\n Diplomatic\n\t\t\t initiatives\n </header>\n <text>\n In any case in which a conflict described in\n\t\t\t paragraph (1) is ongoing or recently concluded, the Secretary shall conduct an\n\t\t\t independent study of diplomatic initiatives undertaken by the United States and\n\t\t\t other parties to such conflict.\n </text>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"HCD9B36B019724B918C02942333A82041\">\n <enum>\n (3)\n </enum>\n <header>\n Initiative\n\t\t\t assessment\n </header>\n <text>\n In any case in which a conflict described in paragraph\n\t\t\t (1) has recently concluded, the Secretary shall assess the effectiveness of any\n\t\t\t initiatives in ending such conflict.\n </text>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"HF8A4B546EF5D4BFE9BB0344CF5CF539D\">\n <enum>\n (4)\n </enum>\n <header>\n Consultation\n\t\t\t process\n </header>\n <text>\n The Secretary shall establish a formal process of\n\t\t\t consultation in a timely manner with the Secretary of State, the Secretary of\n\t\t\t Defense, and the National Security Council—\n </text>\n <subparagraph display-inline=\"no-display-inline\" id=\"HC5C8ECA637014D61AB86CAE3D771CAD2\">\n <enum>\n (A)\n </enum>\n <text>\n prior to the\n\t\t\t initiation of any armed conflict between the United States and any other\n\t\t\t nation; and\n </text>\n </subparagraph>\n <subparagraph id=\"HEA09EB070E944C88A976265A91C0E8A9\">\n <enum>\n (B)\n </enum>\n <text>\n for any matter\n\t\t\t involving the use of Department of Defense personnel within the United\n\t\t\t States.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection display-inline=\"no-display-inline\" id=\"H57BC187F0A4548CDB3CF3FE9D168A75B\">\n <enum>\n (b)\n </enum>\n <header>\n Consultation in\n\t\t\t drafting treaties and agreements\n </header>\n <text>\n The head of each appropriate\n\t\t\t Federal agency shall consult with the Secretary in drafting treaties and peace\n\t\t\t agreements.\n </text>\n </subsection>\n </section>\n <section commented=\"no\" id=\"H02D896CB504B481C9E5EC547976B9E13\">\n <enum>\n 115.\n </enum>\n <header>\n Collaboration\n </header>\n <text display-inline=\"no-display-inline\">\n The Secretary shall, for the greatest\n\t\t\t effectiveness in promoting peace and peacebuilding, collaborate with all\n\t\t\t related programs in all Federal agencies.\n </text>\n </section>\n \n \n <enum>\n II\n </enum>\n <header>\n OTHER\n\t\t\t MATTERS\n </header>\n <section id=\"H29733000AC9845E0993FD0C5CF638BC1\">\n <enum>\n 201.\n </enum>\n <header>\n Legislative\n\t\t\t recommendations of the Secretary\n </header>\n <text display-inline=\"no-display-inline\">\n Not later than 1 year after the date of the\n\t\t\t appointment of the first Secretary, the Secretary shall prepare and submit to\n\t\t\t Congress proposed legislation containing any necessary and appropriate\n\t\t\t amendments to the laws of the United States to carry out the purposes of this\n\t\t\t Act.\n </text>\n </section>\n <section id=\"HA9B8797CCB3A49E5B5EC43A436566C42\">\n <enum>\n 202.\n </enum>\n <header>\n Peace\n\t\t\t Days\n </header>\n <text display-inline=\"no-display-inline\">\n The Secretary shall\n\t\t\t encourage citizens to observe and celebrate the blessings of peace and endeavor\n\t\t\t to create peace on Peace Days. Such days shall include discussions of the\n\t\t\t professional activities and the achievements in the lives of\n\t\t\t peacemakers.\n </text>\n </section>\n <section id=\"H590233B113D94E13B03033796764D51A\">\n <enum>\n 203.\n </enum>\n <header>\n Definitions\n </header>\n <text display-inline=\"no-display-inline\">\n In this Act:\n </text>\n <paragraph id=\"HD86EFCFDC68447188908C93AAB282004\">\n <enum>\n (1)\n </enum>\n <header>\n Department\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <quote>\n Department\n </quote>\n means\n\t\t\t the Department of Peacebuilding established under section 101(a).\n </text>\n </paragraph>\n <paragraph id=\"H6A7FEB53B9894A9F87BD06BB241B01BA\">\n <enum>\n (2)\n </enum>\n <header>\n Elementary\n\t\t\t school\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <quote>\n elementary school\n </quote>\n has the meaning given that term in section\n\t\t\t 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.\n\t\t\t 7801).\n </text>\n </paragraph>\n <paragraph id=\"HE316F36C70D94FEFA21CE639A6F83A03\">\n <enum>\n (3)\n </enum>\n <header>\n Federal\n\t\t\t agency\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <quote>\n Federal agency\n </quote>\n has the meaning given the term\n <quote>\n agency\n </quote>\n in\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/5/551\">\n section 551(1)\n </external-xref>\n of title 5, United States Code.\n </text>\n </paragraph>\n <paragraph id=\"HDB5A54A38BAD4665B61050F9E03B94EC\">\n <enum>\n (4)\n </enum>\n <header>\n Institution of\n\t\t\t higher education\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <quote>\n institution of higher education\n </quote>\n has the meaning given that term\n\t\t\t in section 101 of the Higher Education Act of 1965 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/1001\">\n 20 U.S.C. 1001\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"H57B0BFFF853B4CD8860E60C46E39110D\">\n <enum>\n (5)\n </enum>\n <header>\n Nonprofit\n\t\t\t organization\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <quote>\n nonprofit organization\n </quote>\n means an entity that—\n </text>\n <subparagraph id=\"H4DC84AF88D434E6F9317BB0A22682016\">\n <enum>\n (A)\n </enum>\n <text>\n is described in\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/26/501\">\n section 501(c)(3)\n </external-xref>\n of the Internal Revenue Code of 1986; and\n </text>\n </subparagraph>\n <subparagraph id=\"H4C748C010E734FBCBECC3E4DB9C87130\">\n <enum>\n (B)\n </enum>\n <text>\n is exempt from tax\n\t\t\t under section 501(a) of such Code.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HD633399BC74746DBA947E7F3C436E1B9\">\n <enum>\n (6)\n </enum>\n <header>\n Secondary\n\t\t\t school\n </header>\n <text>\n The term\n <quote>\n secondary school\n </quote>\n has the meaning\n\t\t\t given that term in section 9101 of the Elementary and Secondary Education Act\n\t\t\t of 1965 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/20/7801\">\n 20 U.S.C. 7801\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"H1BF2E9A9984549ABAAEC5C4076A18352\">\n <enum>\n (7)\n </enum>\n <header>\n Secretary\n </header>\n <text>\n The\n\t\t\t term\n <quote>\n Secretary\n </quote>\n means the Secretary of Peacebuilding appointed\n\t\t\t under section 101(b).\n </text>\n </paragraph>\n </section>\n <section commented=\"no\" id=\"HD23616191EDF4272A316B8D2EF545F26\">\n <enum>\n 204.\n </enum>\n <header>\n Authorization\n\t\t\t of appropriations\n </header>\n <subsection id=\"HC34B0900401348AEB6354E4E4231A97A\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n There is authorized\n\t\t\t to be appropriated to carry out this Act such sums as may be necessary.\n </text>\n </subsection>\n <subsection id=\"H57B6EEFCC1F94E37A78C79B6F461738A\">\n <enum>\n (b)\n </enum>\n <header>\n Limitation on\n\t\t\t use of funds\n </header>\n <text>\n Of the amounts appropriated pursuant to subsection\n\t\t\t (a), at least 85 percent shall be used for domestic peace programs, including\n\t\t\t administrative costs associated with such programs.\n </text>\n </subsection>\n </section>\n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 808 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Ms. Lee of California (for herself, Mr. Conyers , Ms. Hahn , Mr. Polis , Ms. Clarke , Ms. Pingree of Maine , Mr. Andrews , Mr. McGovern , and Ms. Moore ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To establish a Department of Peacebuilding.\n\n1. Short title; table of contents (a) Short title This Act may be cited as the Department of Peacebuilding Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Title I—ESTABLISHMENT OF DEPARTMENT OF PEACEBUILDING Sec. 101. Establishment of Department of Peacebuilding. Sec. 102. Responsibilities and powers. Sec. 103. Principal officers. Sec. 104. Office of Peace Education and Training. Sec. 105. Office of Domestic Peace Activities. Sec. 106. Office of International Peace Activities. Sec. 107. Office of Technology for Peace. Sec. 108. Office of Arms Control and Disarmament. Sec. 109. Office of Peacebuilding Information and Research. Sec. 110. Office of Human Rights and Economic Rights. Sec. 111. Intergovernmental Advisory Council on Peace. Sec. 112. Federal Interagency Committee on Peace. Sec. 113. Staff. Sec. 114. Consultation required. Sec. 115. Collaboration. Title II—OTHER MATTERS Sec. 201. Legislative recommendations of the Secretary. Sec. 202. Peace Days. Sec. 203. Definitions. Sec. 204. Authorization of appropriations. 2. Findings Congress finds the following: (1) On July 4, 1776, the Second Continental Congress unanimously declared the independence of the 13 colonies, and the achievement of peace was recognized as one of the highest duties of the new organization of free and independent States by declaring, We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the Pursuit of Happiness. (2) The Constitution of the United States of America, in its Preamble, further sets forth the insurance of the cause of peace in stating: We the People of the United States, in Order to Form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity . (3) During the course of the 20th century, more than 100,000,000 people perished in wars. The United States has been at war over the past decade, with 6,600 members of the Armed Forces and hundreds of thousands of civilians estimated to have been killed in the conflicts in Iraq and Afghanistan. (4) Every year 300,000 people are killed by gun violence around the world. In the United States, 100,000 people are shot each year in murders, assaults, suicides and suicide attempts, accidents, and police actions. Over 30,000 people die each year of gunshot wounds, 12,000 of whom are murdered. Every day, 50 children are shot, and 8 of those children die. (5) A 2004 World Health Organization report estimates that interpersonal violence within the United States costs approximately $300 billion annually, not including war-related costs. The Centers for Disease Control and Prevention states that an average of 16 people age 10 to 24 were murdered each day in the United States in 2005. The Pew Charitable Trust calculates that child abuse and neglect in the United States cost $103.8 billion in 2007. (6) In 1999, the United Nations adopted a Programme of Action on a Culture of Peace, stating that a culture of peace is an integral approach to preventing violence and violent conflicts, an alternative to the culture of war and violence, and is based on education for peace, the promotion of sustainable economic and social development, respect for human rights, equality between women and men, democratic participation, tolerance, and the free flow of information and disarmament. The United Nations declared the years 2001 through 2010 an International Decade for a Culture of Peace and Non-Violence for the Children of the World and the United Nations supports a culture of peace going forward. (7) On April 4, 2012, the Institute for Economics and Peace released a United States Peace Index, which assessed peacefulness at the State and city levels and analyzed the costs associated with violence and the socio-economic measures associated with peace. While violence within the United States had declined over the year 2011, violence and violence containment still cost the average taxpayer $3,257. The total cost of violence to the United States—including lost productivity from violence—was conservatively calculated to be over $460 billion. (8) A study by the Institute for Economics and Peace released September 20, 2012, reports conservative estimates for 2010, that 15 percent of the gross domestic product of the United States, or $15,000 per taxpayer, was spent on containing violence. The study included government, corporate, and individual expenditure, regardless of whether it was related to international affairs such as offshore military activities, or domestic spending such as dealing with crime and the consequences of crime. (9) Violence prevention is cost effective. For every dollar spent in violence prevention and peacebuilding, many lives and many dollars are saved. The philosophy and techniques of nonviolence and the science of peacebuilding provide tools and techniques that can be applied not only at the levels of individual and community growth, but also within the Federal Government and at national and international levels. (10) Peacebuilding is defined by the United Nations as a range of measures targeted to reduce the risk of lapsing or relapsing into conflict by strengthening national capacities at all levels for conflict management, and to lay the foundations for sustainable peace and development. Peacebuilding is built upon research into the root causes of violence in the United States and the world, through promotion and promulgation of effective policies and programs that ameliorate those root causes of violence, and through providing all citizens, organizations, and governmental bodies with opportunities to learn about and practice the essential tools of nonviolent conflict resolution and peacebuilding. (11) In 2000, the Earth Charter Commission released the Earth Charter, an international declaration of fundamental values and principles created to build a just, sustainable, and peaceful global society. The preamble of the Earth Charter provides, To move forward we must recognize that in the midst of a magnificent diversity of cultures and life forms we are one human family and one Earth community with a common destiny. We must join together to bring forth a sustainable global society founded on respect for nature, universal human rights, economic justice, and a culture of peace. Peacebuilding is working together with all nations to protect both life and land and hold the Earth in balance. I ESTABLISHMENT OF DEPARTMENT OF PEACEBUILDING 101. Establishment of Department of Peacebuilding (a) Establishment There is hereby established a Department of Peacebuilding, that shall— (1) be a department in the executive branch of the Federal Government; and (2) be dedicated to peacebuilding, peacemaking, and the study and promotion of conditions conducive to both domestic and international peace and a culture of peace. (b) Secretary of Peacebuilding There shall be at the head of the Department a Secretary of Peacebuilding, who shall be appointed by the President, by and with the advice and consent of the Senate. (c) Mission The Department shall— (1) cultivate peace and peacebuilding as a strategic national policy objective; (2) reduce and prevent violence in the United States and internationally through peacebuilding and effective nonviolent conflict resolution; (3) strengthen nonmilitary means of peacemaking; (4) take a proactive, strategic approach in the development of field-tested, best practices and policies that promote national and international conflict prevention, nonviolent intervention, mediation, peaceful resolution of conflict, and structured mediation of conflict; (5) address matters both domestic and international in scope; (6) provide an institutional platform for the growing wealth of expertise in peacebuilding to dramatically reduce the national and global epidemic of violence; (7) support local communities in finding, funding, replicating, and expanding programs to reduce and prevent violence; (8) invest in nongovernmental organizations that have implemented successful initiatives to reduce and prevent violence, both internationally and domestically; and (9) consult with other Federal agencies to apply and practice the science of peacebuilding in their respective fields of responsibility. 102. Responsibilities and powers (a) In general The Secretary shall— (1) work proactively and interactively with each branch of the Federal Government on all policy matters relating to conditions of peace; (2) call on the experience and expertise of the people of the United States and seek participation in the development of policy from private, public, and nongovernmental organizations; (3) monitor and analyze causative principles of conflict and make policy recommendations for developing and maintaining peaceful conduct; (4) research effective violence reduction programs and promote and promulgate such programs within Government and society; and (5) consult with private, public, and nongovernmental organizations to develop a metric model that provides the means to measure and report progress toward peace in the United States to the President, Congress, and the people of the United States, and issue reports on such progress annually. (b) Domestic responsibilities The Secretary shall collaborate with governmental and nongovernmental entities and citizens to promote personal and community security and peace by— (1) developing new policies and supporting existing policies that effectively address personal and family violence, including suicide, domestic violence, spousal abuse, child abuse, and mistreatment of the elderly; (2) creating new policies and programs and expanding existing policies and programs that effectively reduce drug and alcohol abuse; (3) developing new policies and programs and expanding existing policies and programs that effectively address crime, punishment, and rehabilitation, including— (A) working to reduce prison recidivism rates; (B) supporting the implementation of nonviolent conflict resolution education and training for victims, perpetrators, and those who work with them; and (C) supporting effective police and community relations; (4) analyzing existing policies, employing successful, field-tested programs, and developing new approaches for dealing with the tools of violence, including handguns, especially among youth; (5) developing new and expanding effective programs that relate to the societal challenges of school violence, gangs, racial or ethnic violence, violence against gays and lesbians, and police-community relations disputes; (6) making policy recommendations to the Attorney General regarding civil rights and labor law; (7) assisting in the establishment and funding of community-based violence prevention programs, including violence prevention counseling and peer mediation in schools and unarmed civilian peacekeeping at a local level; (8) providing counseling and advocating on behalf of individuals victimized by violence; (9) providing for public education programs and counseling strategies that promote tolerance and respect for the diversity of the people of the United States with regard to race, religion, creed, gender and gender identification, sexual orientation, age, ethnicity, and other perceived difference; and (10) supporting local community initiatives that draw on neighborhood resources to create peace projects that facilitate the development of conflict resolution and thereby inform and inspire national policy. (c) International responsibilities The Secretary shall— (1) advise the Secretary of Defense and the Secretary of State on matters relating to national security, including the protection of human rights and the prevention of, amelioration of, and de-escalation of unarmed and armed international conflict; (2) contribute to and participate in the development of training of all United States personnel who administer post-conflict reconstruction and demobilization in war-torn societies; (3) sponsor country and regional conflict-prevention and dispute-resolution initiatives, create special task forces, and draw on local, regional, and national expertise to develop plans and programs for addressing the root sources of conflict in troubled areas; (4) counsel and advocate on behalf of women victimized by violence, including rape, during conflict and post-conflict situations; (5) provide for exchanges between the United States and other nations of individuals who endeavor to develop domestic and international peace-based initiatives; (6) encourage the development of international sister city programs, pairing United States cities with cities around the globe for artistic, cultural, economic, educational, and faith-based exchanges; (7) establish and administer a budget designated for the training and deployment of unarmed civilian peacekeepers to participate in multinational nonviolent peacekeeping forces that may be conducted by civilian, governmental, or multilateral organizations; (8) jointly with the Secretary of the Treasury, strengthen peace enforcement through hiring and training monitors and investigators to help with the enforcement of international arms embargoes; (9) bring together all stakeholders who are impacted by a conflict by facilitating peace summits where such stakeholders may gather under carefully prepared conditions to promote nonviolent communication and mutually beneficial solutions; (10) submit to the President recommendations for reductions in weapons of mass destruction, and make annual reports to the President on the sale of arms from the United States to other nations, with analysis of the impact of such sales on the defense of the United States and how such sales affect peace; (11) in consultation with the Secretary of State, develop strategies for sustainability and management of the distribution of international funds; (12) advise the Permanent Representative of the United States to the United Nations on matters pertaining to the United Nations Security Council; and (13) support the implementation of international peacebuilding strategies through a balanced use of peacebuilding, diplomacy, development, and defense. (d) Membership of the Secretary of Peacebuilding on the National Security Council Section 101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) is amended— (1) in paragraph (6), by striking Director for Mutual Security; and inserting Secretary of Peacebuilding; and ; (2) by striking paragraph (7); (3) by redesignating paragraph (8) as paragraph (7); and (4) in paragraph (7) (as redesignated by paragraph (3) of this subsection), by striking the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, . (e) Human security responsibilities The Secretary shall address and offer nonviolent conflict resolution strategies and suggest resources for unarmed civilian peacekeepers to the appropriate relevant parties on issues of human security if such security is threatened by conflict, whether such conflict is geographic, religious, ethnic, racial, or class-based in its origin, derives from economic concerns, or is initiated through disputes concerning scarcity of natural resources (such as water and energy resources), food, trade, or climate and environmental concerns. (f) Media-Related responsibilities Respecting the First Amendment to the Constitution of the United States and the requirement for free and independent media, the Secretary shall— (1) seek assistance in the design and implementation of nonviolent policies from media professionals; (2) study the role of the media in the escalation and de-escalation of conflict at domestic and international levels, including the role of fear-inducing and hate-inducing speech and actions, and making the findings of such study public; and (3) make recommendations to professional media organizations in order to provide opportunities to increase media awareness of peace-building initiatives. (g) Educational responsibilities The Secretary shall— (1) with the support of, and in consultation with, the United States Institute of Peace, develop a peace education curriculum that includes studies of— (A) the civil rights movement in the United States and throughout the world, with special emphasis on the role of nonviolence and how individual endeavor and involvement have contributed to advancements in peace and justice; (B) peace agreements and circumstances in which peaceful intervention has worked to stop conflict; and (C) the patriarchal structure of society and the inherent violence of such structure in the shaping of relationships and institutions; (2) in consultation with the Secretary of Education— (A) commission the development of such curriculum and make such curriculum available to local school districts to enable the use of peace education objectives at elementary schools and secondary schools in the United States; (B) support in early childhood, elementary schools, secondary schools, and institutions of higher education a well-resourced, balanced education that includes math, science, English, history, ethnic studies, social studies, health, physical education, foreign languages, the arts, and music that will prepare students for success in a globally interconnected world; and (C) offer incentives in the form of grants and training to encourage the development of State peace curricula and assist schools in applying for such curricula; (3) work with educators to equip students to become skilled in achieving peace through reflection, and facilitate instruction in the ways of peaceful conflict resolution; (4) ensure that schools are nonviolence zones that provide a peaceful educational environment; (5) create school and community cultures where students and staff do not feel threatened and are free from bullying and harassment by developing and implementing curricula in nonviolent conflict resolution education for teachers, students, parents, the school community, and the community at large; (6) maintain a public website to solicit and receive ideas for the development of peace from the wealth of the politically, socially, and culturally diverse public; (7) proactively engage the critical thinking capabilities of students and teachers of elementary schools, secondary schools, and institutions of higher education through the Internet and other media and issue periodic reports concerning any submissions from such students and teachers; (8) create and establish a Peace Academy that shall— (A) be modeled after the military service academies; and (B) provide a 4-year course of instruction in peace education, after which graduates will be required to serve 5 years in public service in programs dedicated to domestic or international nonviolent conflict resolution; and (9) provide grants for peace studies departments in institutions of higher education throughout the United States. 103. Principal officers (a) Under Secretary of Peacebuilding The President shall appoint an Under Secretary of Peacebuilding in the Department, by and with the advice and consent of the Senate. During the absence or disability of the Secretary, or in the event of a vacancy in the office of the Secretary, the Under Secretary shall act as Secretary. The Secretary shall designate the order in which other officials of the Department shall act and perform the functions of the Secretary during the absence or disability of both the Secretary and Under Secretary or in the event of vacancies in both offices. (b) Additional positions (1) In general The President shall appoint in the Department, by and with the advice and consent of the Senate— (A) an Assistant Secretary for Peace Education and Training; (B) an Assistant Secretary for Domestic Peace Activities; (C) an Assistant Secretary for International Peace Activities; (D) an Assistant Secretary for Technology for Peace; (E) an Assistant Secretary for Arms Control and Disarmament; (F) an Assistant Secretary for Peacebuilding Information and Research; (G) an Assistant Secretary for Human and Economic Rights; and (H) a General Counsel. (2) Establishment of Inspector General of the Department of Peacebuilding Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in paragraph (1), by inserting Peacebuilding, after Homeland Security, ; and (B) in paragraph (2), by inserting Peacebuilding, after Homeland Security, . (3) Additional officers The President shall appoint 4 additional officers in the Department, by and with the advice and consent of the Senate. The officers appointed under this paragraph shall perform such functions as the Secretary shall prescribe, including— (A) congressional relations functions; (B) public information functions, including providing, through the use of the latest technologies, useful information about peace and the work of the Department; (C) management and budget functions; and (D) planning, evaluation, and policy development functions, including development of policies to promote the efficient and coordinated administration of the Department and its programs and encourage improvements in conflict resolution and violence prevention. (4) Description of functions In any case in which the President submits the name of an individual to the Senate for confirmation as an officer of the Department under this subsection, the President shall state the particular functions such individual will exercise upon taking office. (c) Authority of Secretary Each officer described in this section shall report directly to the Secretary and shall, in addition to any functions vested in or required to be delegated to such officer, perform such additional functions as the Secretary may prescribe. 104. Office of Peace Education and Training (a) In general There shall be in the Department an Office of Peace Education and Training, the head of which shall be the Assistant Secretary for Peace Education and Training. The Assistant Secretary for Peace Education and Training shall carry out those functions of the Department relating to the creation, encouragement, and impact of peace education and training at the elementary, secondary, university, and postgraduate levels, including the development of a Peace Academy, and disseminate applicable policies and research in consultation with entities of the Department of Health and Human Services, including— (1) the Administration for Children and Families; (2) the Administration on Aging; (3) Centers for Disease Control and Prevention; and (4) the National Institutes of Health. (b) Peace curriculum The Assistant Secretary of Peace Education and Training, in consultation with the Secretary of Education, the United States Institute of Peace, nongovernmental groups, public institutions, peace and conflict studies programs of institutions of higher education, and Federal agencies that provide effective peace training materials and curricula, shall support the development and dissemination of effective peace curricula and supporting materials for distribution to departments of education in each State and territory of the United States. The peace curriculum shall include— (1) building communicative peace skills and nonviolent conflict resolution skills; (2) teaching and fostering compassion, empathy, tolerance, respect, inclusion, and forgiveness; and (3) promoting other objectives to increase the knowledge of peace processes. (c) Grants The Assistant Secretary of Peace Education and Training shall— (1) provide peace education grants to institutions of higher education for the creation and expansion of peace studies departments and the education and training of teachers in peace studies; and (2) create a Community Peace Block Grant program under which the Secretary shall make grants to nonprofit organizations and nongovernmental organizations for the purposes of developing innovative neighborhood programs for nonviolent conflict resolution and creating local peacebuilding initiatives. 105. Office of Domestic Peace Activities (a) In general There shall be in the Department an Office of Domestic Peace Activities, the head of which shall be the Assistant Secretary for Domestic Peace Activities. The Assistant Secretary for Domestic Peace Activities shall carry out those functions in the Department affecting domestic peace activities, including the development of policies that increase awareness about intervention and counseling on domestic violence and conflict. (b) Responsibilities The Assistant Secretary for Domestic Peace Activities shall— (1) develop policy and disseminate best practices from the field for the treatment of drug and alcohol abuse; (2) develop community-based strategies for celebrating diversity and promoting tolerance; (3) develop new policies and build on existing proven programs— (A) to assist in the prevention of crime, including the development of community policing strategies and peaceful settlement skills among police and other public safety officers; (B) to assist in the re-entry into the community by individuals who have been incarcerated, including training in anger management and peacebuilding skills, life skills, and educational and job skills; (C) to assist in creating strong and healthy families, including supporting mental health services, domestic violence prevention, gang prevention, anti-bullying programs, substance abuse prevention, and parenting skills; (D) to provide restorative justice programs at all levels of the criminal justice system that bring together offenders, victims, and community members in an effort to repair the damage caused by criminal activity through accountability and rehabilitation; (E) to provide for training and deployment into neighborhoods of nonmilitary domestic conflict prevention and peacemaking personnel, including violence interrupters and civilian community peacekeepers; and (F) to implement community-based policing to break down barriers between law enforcement officers and the people such officers serve; (4) promote informal and cultural exchanges between individuals and groups of proximate neighborhoods and regions to encourage understanding and acceptance; and (5) disseminate applicable policies and research in consultation with appropriate entities of— (A) the Department of Justice; (B) the Department of Health and Human Services; (C) the Department of State; and (D) the Department of Education. (c) Grants The Assistant Secretary for Domestic Peace Activities shall create a grant program to be known as the Cultural Diplomacy for Peace grant program under which the Secretary shall make grants to elementary schools, secondary schools, institutions of higher education, nonprofit organizations, and nongovernmental organizations for the purpose of developing domestic cultural exchanges, including exchanges relating to the arts and sports, that promote diplomacy and cultural understanding between neighborhoods and members of the neighboring communities. 106. Office of International Peace Activities (a) In general There shall be in the Department an Office of International Peace Activities, the head of which shall be the Assistant Secretary for International Peace Activities. The Assistant Secretary for International Peace Activities shall carry out those functions in the Department affecting international peace activities. (b) Responsibilities The Assistant Secretary for International Peace Activities shall— (1) develop new programs and promote existing proven programs to— (A) provide for the training and deployment of graduates of the Peace Academy established under section 102(f) and other nonmilitary conflict prevention and peacemaking personnel; (B) support country and regional conflict prevention and dispute resolution initiatives in countries experiencing social, political, or economic strife; (C) provide training for the administration of post-conflict reconstruction and demobilization in war-torn societies; (D) address root causes of violence; (E) eradicate extreme hunger and poverty; (F) achieve universal primary education; and (G) empower women and girls; (2) support the creation of a multinational nonviolent peace force; (3) provide for the exchanges between individuals of the United States and other nations who are endeavoring to develop domestic and international peace-based initiatives; and (4) disseminate applicable policies and research in consultation with appropriate entities of— (A) the Department of State; (B) the Department of Labor; (C) the Peace Corps; and (D) the United States Institute of Peace. (c) Grants The Assistant Secretary for International Peace Activities shall create a grant program to be known as the International Cultural Diplomacy for Peace grant program under which the Secretary shall make grants to elementary schools, secondary schools, institutions of higher education, nonprofit organizations, and nongovernmental organizations for the purpose of developing international cultural exchanges, including exchanges related to the arts and sports, that promote diplomacy and cultural understanding between the United States and members of the international community. 107. Office of Technology for Peace (a) In general There shall be in the Department an Office of Technology for Peace, the head of which shall be the Assistant Secretary for Technology for Peace. The Assistant Secretary for Technology for Peace shall carry out those functions in the Department affecting the awareness, study, and impact of developing new technologies on the creation and maintenance of domestic and international peace, and disseminate applicable policies and research in consultation with appropriate entities of the Department of State. (b) Grants The Assistant Secretary for Technology for Peace shall make grants for the research and development of technologies in transportation, communications, agriculture, and energy that— (1) are nonviolent in application; and (2) encourage the conservation and sustainability of natural resources in order to prevent future conflicts regarding scarce resources. 108. Office of Arms Control and Disarmament (a) In general There shall be in the Department an Office of Arms Control and Disarmament, the head of which shall be the Assistant Secretary for Arms Control and Disarmament. The Assistant Secretary for Arms Control and Disarmament shall carry out those functions in the Department affecting arms control programs and arms limitation agreements. (b) Responsibilities The Assistant Secretary for Arms Control and Disarmament shall— (1) advise the Secretary on interagency discussions and international negotiations, including discussions involving the Secretary of State, the Atomic Energy Commission, and the Secretary of Defense, regarding the reduction and elimination of weapons of mass destruction throughout the world, including the dismantling of such weapons and the safe and secure storage of materials related thereto; (2) assist nations, international agencies, and nongovernmental organizations in assessing the locations of the buildup of nuclear arms and other weapons of mass destruction; (3) develop nonviolent strategies to deter testing or use of offensive or defensive nuclear weapons and other weapons of mass destruction, whether based on land, air, sea, or in space; (4) serve as a depository for copies of all contracts, agreements, and treaties that address the reduction and elimination of nuclear weapons and other weapons of mass destruction or the protection of space from militarization; (5) provide technical support and legal assistance for the implementation of such agreements; and (6) disseminate applicable policies and research in consultation with appropriate entities of the Department of State and the Department of Commerce. 109. Office of Peacebuilding Information and Research (a) In general There shall be in the Department an Office of Peacebuilding Information and Research, the head of which shall be the Assistant Secretary for Peacebuilding Information and Research. The Assistant Secretary for Peacebuilding Information and Research shall carry out those functions in the Department affecting research and analysis relating to creating, initiating, and modeling approaches to peaceful coexistence and nonviolent conflict resolution. (b) Responsibilities The Assistant Secretary for Peacebuilding Information and Research shall— (1) commission or compile studies on the impact of war, especially on the physical and mental condition of children (using the 10-point anti-war agenda in the United Nations Children’s Fund report, State of the World’s Children 1996, as a guide) that shall include the study of the effect of war on the environment and public health; (2) compile information on effective community peacebuilding activities and disseminate such information to local governments and nongovernmental organizations in the United States and abroad; (3) commission or compile research on the effect of violence in the media and make such reports available to the Congress annually; (4) publish a monthly journal of the activities of the Department and encourage scholarly participation; (5) sponsor conferences throughout the United States to create awareness of the work of the Department; and (6) where applicable, work to carry out the responsibilities under this subsection in consultation with the United States Institute of Peace and other governmental and nongovernmental entities, including— (A) the Department of Health and Human Services; (B) the Department of Justice; and (C) the Department of State. 110. Office of Human Rights and Economic Rights (a) In general There shall be in the Department an Office of Human Rights and Economic Rights, the head of which shall be the Assistant Secretary for Human Rights and Economic Rights. The Assistant Secretary for Human Rights and Economic Rights shall carry out those functions in the Department that support the principles of the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on December 10, 1948. (b) Responsibilities The Assistant Secretary for Human Rights and Economic Rights shall— (1) assist the Secretary, in consultation with the Secretary of State, in furthering the incorporation of the principles of human rights, as enunciated in the Universal Declaration of Human Rights, United Nations General Assembly Resolution 217A (III) of December 10, 1948, into all agreements between the United States and other nations to help reduce the causes of violence; (2) consult with the Secretary of State, the Atrocities Prevention Board of the White House, and other similarly concerned governmental and nongovernmental agencies to gather information on and document domestic and international human rights abuses, including genocide, torture, human trafficking, child soldiers, and child labor, and recommend to the Secretary nonviolent responses to promote awareness, understanding, and correction of abuses; (3) make such information available to other governmental and nongovernmental agencies in order to facilitate nonviolent conflict resolution; (4) provide trained observers to work with nongovernmental organizations for purposes of creating a climate conducive to the respect for human rights; (5) conduct economic analyses of the scarcity of human and natural resources as a source of conflict and make recommendations to the Secretary for nonviolent prevention of such scarcity, nonviolent intervention in case of such scarcity, and the development of programs to assist people facing such scarcity, whether due to armed conflict, misdistribution of resources, or natural causes; (6) assist the Secretary, in consultation with the Secretary of State and the Secretary of the Treasury, in developing strategies regarding the sustainability and the management of the distribution of funds from international agencies, the conditions regarding the receipt of such funds, and the impact of those conditions on the peace and stability of the recipient nations; (7) assist the Secretary, in consultation with the Secretary of State and the Secretary of Labor, in developing strategies to promote full compliance with domestic and international labor rights law; (8) conduct policy analysis to ensure that the international development investments of the United States positively impact the peace and stability of the recipient nation; and (9) disseminate policies and research in consultation with appropriate entities of the Department of State. 111. Intergovernmental Advisory Council on Peace (a) In general There shall be in the Department an advisory committee known as the Intergovernmental Advisory Council on Peace (in this section referred to as the Council ). The Council shall provide assistance and make recommendations to the President and the Secretary concerning intergovernmental policies relating to peace and nonviolent conflict resolution. (b) Responsibilities The Council shall— (1) provide a forum for representatives of Federal, State, and local governments to discuss peace issues; (2) promote better intergovernmental relations and offer professional mediation services to resolve intergovernmental conflict as needed; and (3) submit biennially, or more frequently if determined necessary by the Council, a report to the President, the Secretary, and Congress reviewing the impact of Federal peace activities on the Federal Government and on State and local governments. (c) Membership The Secretary shall appoint the members of the Council. 112. Federal Interagency Committee on Peace (a) Establishment There is established a Federal Interagency Committee on Peace (in this section referred to as the Committee ). The Committee shall— (1) assist the Secretary in providing a mechanism to assure that the procedures and actions of the Department and other Federal agencies are fully coordinated; and (2) study and make recommendations for assuring effective coordination of Federal programs, policies, and administrative practices affecting peace. (b) Membership The Secretary shall appoint the members of the Committee. 113. Staff The Secretary may appoint and fix the compensation of such employees as may be necessary to carry out the functions of the Secretary and the Department. Except as otherwise provided by law, such employees shall be appointed in accordance with applicable laws and the compensation of such employees fixed in accordance with title 5, United States Code. 114. Consultation required (a) Consultation in cases of conflict and violence prevention (1) In general In any case in which a conflict between the United States and any other government or entity is imminent or occurring, the Secretary of Defense and the Secretary of State shall consult with the Secretary of Peacebuilding concerning violence prevention, nonviolent means of conflict resolution, and peacebuilding. (2) Diplomatic initiatives In any case in which a conflict described in paragraph (1) is ongoing or recently concluded, the Secretary shall conduct an independent study of diplomatic initiatives undertaken by the United States and other parties to such conflict. (3) Initiative assessment In any case in which a conflict described in paragraph (1) has recently concluded, the Secretary shall assess the effectiveness of any initiatives in ending such conflict. (4) Consultation process The Secretary shall establish a formal process of consultation in a timely manner with the Secretary of State, the Secretary of Defense, and the National Security Council— (A) prior to the initiation of any armed conflict between the United States and any other nation; and (B) for any matter involving the use of Department of Defense personnel within the United States. (b) Consultation in drafting treaties and agreements The head of each appropriate Federal agency shall consult with the Secretary in drafting treaties and peace agreements. 115. Collaboration The Secretary shall, for the greatest effectiveness in promoting peace and peacebuilding, collaborate with all related programs in all Federal agencies. II OTHER MATTERS 201. Legislative recommendations of the Secretary Not later than 1 year after the date of the appointment of the first Secretary, the Secretary shall prepare and submit to Congress proposed legislation containing any necessary and appropriate amendments to the laws of the United States to carry out the purposes of this Act. 202. Peace Days The Secretary shall encourage citizens to observe and celebrate the blessings of peace and endeavor to create peace on Peace Days. Such days shall include discussions of the professional activities and the achievements in the lives of peacemakers. 203. Definitions In this Act: (1) Department The term Department means the Department of Peacebuilding established under section 101(a). (2) Elementary school The term elementary school has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Federal agency The term Federal agency has the meaning given the term agency in section 551(1) of title 5, United States Code. (4) Institution of higher education The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (5) Nonprofit organization The term nonprofit organization means an entity that— (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986; and (B) is exempt from tax under section 501(a) of such Code. (6) Secondary school The term secondary school has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (7) Secretary The term Secretary means the Secretary of Peacebuilding appointed under section 101(b). 204. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this Act such sums as may be necessary. (b) Limitation on use of funds Of the amounts appropriated pursuant to subsection (a), at least 85 percent shall be used for domestic peace programs, including administrative costs associated with such programs."}}},{"rowIdx":1535,"cells":{"tv_id":{"kind":"string","value":"113-hr-809-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-809"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":809,"string":"809"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr809ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr809ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:46.639"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 809 IH: Field EMS Quality, Innovation, and Cost Effectiveness Improvements Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-25\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title; table of\n\t\t\t contents\n \n \n \n (a)\n \n \n Short\n\t\t\t title\n \n \n This Act may be cited\n\t\t\t as the\n \n \n \n \n (b)\n \n \n Table of\n\t\t\t contents\n \n \n The table of\n\t\t\t contents of this Act is as follows:\n \n \n \n Sec. 1. Short title; table of contents.\n \n \n Sec. 2. Findings.\n \n \n Sec. 3. Definitions.\n \n \n Sec. 4. Recognition of HHS as primary Federal agency for\n\t\t\t\temergency medical services and trauma care.\n \n \n Sec. 5. Field EMS Excellence, Quality, Universal Access,\n\t\t\t\tInnovation, and Preparedness.\n \n \n Sec. 6. Field EMS System Performance, Integration, and\n\t\t\t\tAccountability.\n \n \n Sec. 7. Field EMS quality.\n \n \n Sec. 8. Field EMS education grants.\n \n \n Sec. 9. Evaluating innovative models for access and delivery of\n\t\t\t\tfield EMS for patients.\n \n \n Sec. 10. Enhancing research in field EMS.\n \n \n Sec. 11. Emergency Medical Services Trust Fund.\n \n \n Sec. 12. Authorization of appropriations.\n \n \n \n \n \n \n 2.\n \n \n Findings\n \n \n The Congress finds the following:\n \n \n \n (1)\n \n \n All persons\n\t\t\t throughout the country should have access to and receive high-quality emergency\n\t\t\t medical care as part of a coordinated emergency medical services system.\n \n \n \n \n (2)\n \n \n Properly\n\t\t\t functioning emergency medical services (EMS) systems, 24 hours per day, 7 days\n\t\t\t per week, are essential to ensure access to emergency medical care and\n\t\t\t transport for all patients with emergency medical conditions. Such coordinated\n\t\t\t EMS systems are also necessary for response to catastrophic incidents.\n \n \n \n \n (3)\n \n \n Ensuring\n\t\t\t high-quality and cost-effective EMS systems requires readiness, preparedness,\n\t\t\t medical direction, oversight, and innovation throughout the continuum of\n\t\t\t emergency medical care through Federal, State, and local multijurisdictional\n\t\t\t collaboration and sufficient resources for EMS agencies and providers.\n \n \n \n \n (4)\n \n \n At the Federal\n\t\t\t level, EMS responsibilities and resources of several Federal agencies\n\t\t\t consistent with their expertise and authority must emphasize the critical\n\t\t\t importance of Federal agency collaboration and coordination for all emergency\n\t\t\t medical services.\n \n \n \n \n (5)\n \n \n At the State and\n\t\t\t local level, EMS systems and agencies require the coordination and improved\n\t\t\t capabilities of multiple and diverse stakeholders.\n \n \n \n \n (6)\n \n \n Emergency medical services encompass the\n\t\t\t provision of care provided to patients with emergency medical conditions\n\t\t\t throughout the continuum, including emergency medical care and trauma care\n\t\t\t provided in the field, hospital, and rehabilitation settings.\n \n \n \n \n (7)\n \n \n Field EMS\n\t\t\t comprises essential emergency medical services, including medical care or\n\t\t\t medical transport provided to patients prior to or outside medical facilities\n\t\t\t and other clinical settings. The primary purpose of field emergency medical\n\t\t\t services is to ensure that emergency medical patients receive the right care at\n\t\t\t the right place in the right amount of time.\n \n \n \n \n (8)\n \n \n Coordinated and\n\t\t\t high-quality field EMS is essential to the Nation’s security. Field EMS is an\n\t\t\t essential public service provided by governmental and nongovernmental agencies\n\t\t\t and practitioners 24 hours a day, 7 days a week, and during catastrophic\n\t\t\t incidents. To ensure disaster and all-hazards preparedness for EMS operations\n\t\t\t as part of the Nation’s comprehensive disaster preparedness, Federal funding\n\t\t\t for preparedness activities, including catastrophic training and drills, must\n\t\t\t be provided to governmental and nongovernmental EMS agencies so as to ensure a\n\t\t\t greater capability within each of these areas.\n \n \n \n \n (9)\n \n \n Numerous\n\t\t\t recommendations from several significant national reports and documents have\n\t\t\t demonstrated the need in multiple areas for substantial improvement of\n\t\t\t emergency medical services provided in the field, including recommendations in\n\t\t\t the EMS Agenda for the Future, the Institute of Medicine report\n \n \n \n \n (10)\n \n \n To substantially\n\t\t\t improve field EMS, advancements must be made in several essential areas\n\t\t\t including readiness, innovation, preparedness, education and workforce\n\t\t\t development, safety, financing, quality, standards, and research.\n \n \n \n \n (11)\n \n \n The recognition of a primary programmatic\n\t\t\t Federal agency for emergency medical services within the Department of Health\n\t\t\t and Human Services was recommended by the Institute of Medicine and is\n\t\t\t necessary to provide a more streamlined, cost-efficient, and comprehensive\n\t\t\t approach for field EMS and a focal point for practitioners and agencies to\n\t\t\t interface with the Federal Government.\n \n \n \n \n (12)\n \n \n The essential\n\t\t\t role of field EMS in disaster preparedness and response must be incorporated\n\t\t\t into the national preparedness and response strategy and implementation as\n\t\t\t provided and overseen by the Department of Homeland Security and the Department\n\t\t\t of Health and Human Services pursuant to their respective jurisdictions.\n \n \n \n \n (13)\n \n \n The essential\n\t\t\t role of NHTSA in the continued development of NEMSIS and in overseeing\n\t\t\t transportation issues related to field EMS such as EMS and ambulance vehicle\n\t\t\t safety standards should be maintained.\n \n \n \n \n (14)\n \n \n FICEMS must\n\t\t\t continue in its essential role in coordinating the Federal activities related\n\t\t\t to the full spectrum of EMS.\n \n \n \n \n \n 3.\n \n \n Definitions\n \n \n In this Act:\n \n \n \n (1)\n \n \n The term\n \n ambulance diversion\n \n means the practice by hospitals of denying\n\t\t\t access to an incoming ambulance by requesting it to proceed to another facility\n\t\t\t due to a stated lack of capacity at the initial facility, resulting in delayed\n\t\t\t access to definitive care.\n \n \n \n \n (2)\n \n \n The term\n \n EMS\n \n means emergency medical services.\n \n \n \n \n (3)\n \n \n The term\n \n FICEMS\n \n means the Federal Interagency Committee on Emergency\n\t\t\t Medical Services.\n \n \n \n \n (4)\n \n \n The term\n \n field EMS\n \n means emergency medical services provided to patients\n\t\t\t (including transport by ground, air, or otherwise) prior to or outside a\n\t\t\t medical facility or other clinical setting.\n \n \n \n \n (5)\n \n \n The term\n \n field EMS agency\n \n means an organization providing field EMS,\n\t\t\t regardless of—\n \n \n \n (A)\n \n \n whether such\n\t\t\t organization is governmental, nongovernmental, or volunteer; and\n \n \n \n \n (B)\n \n \n whether such\n\t\t\t organization provides field EMS by ground, air, or otherwise.\n \n \n \n \n \n (6)\n \n \n The term\n \n emergency medical services\n \n or\n \n EMS\n \n means emergency\n\t\t\t medical care, trauma care, and related services provided to patients at any\n\t\t\t point in the continuum of health care services, including emergency medical\n\t\t\t dispatch and emergency medical care, trauma care, and related services provided\n\t\t\t in the field, during transport, or in a medical facility or other clinical\n\t\t\t setting.\n \n \n \n \n (7)\n \n \n The term\n \n field EMS patient care reports\n \n means the information that a field\n\t\t\t EMS agency typically creates regarding a patient’s medical condition and\n\t\t\t treatment in the course of providing emergency medical services to that\n\t\t\t patient.\n \n \n \n \n (8)\n \n \n The term\n \n medical oversight\n \n means the supervision by a physician of the\n\t\t\t medical aspects of an EMS system or agency and its providers including\n\t\t\t prospective, concurrent, and respective components of field EMS and the\n\t\t\t education of EMS providers.\n \n \n \n \n (9)\n \n \n The term\n \n NEMSAC\n \n means the National Emergency Medical Services Advisory\n\t\t\t Council.\n \n \n \n \n (10)\n \n \n The term\n \n NEMSIS\n \n means the\n\t\t\t National EMS Information System.\n \n \n \n \n (11)\n \n \n The term\n \n NHTSA\n \n means the National Highway Traffic Safety\n\t\t\t Administration.\n \n \n \n \n (12)\n \n \n The term\n \n patient parking\n \n means the practice by hospitals of refusing to\n\t\t\t accept transfer of a patient’s care from an ambulance crew until a regular\n\t\t\t emergency department bed is available, requiring the crew to continue to\n\t\t\t provide patient care on the ambulance stretcher other than a patient bed in the\n\t\t\t hospital until hospital staff will accept the transfer of care, resulting in\n\t\t\t delayed access to definitive care.\n \n \n \n \n (13)\n \n \n The term\n \n State EMS Office\n \n means an office designated by the State with\n\t\t\t primary responsibility for oversight of the State’s EMS system, such as\n\t\t\t responsibility for oversight of EMS coordination, licensing or certifying EMS\n\t\t\t practitioners, and EMS system improvement.\n \n \n \n \n (14)\n \n \n The term\n \n STEMI\n \n means ST–Segment Elevation Myocardial Infarction.\n \n \n \n \n \n 4.\n \n \n Recognition of\n\t\t\t HHS as primary Federal agency for emergency medical services and trauma\n\t\t\t care\n \n \n \n (a)\n \n \n Primary Federal\n\t\t\t agency\n \n \n The Department of\n\t\t\t Health and Human Services shall serve as the primary Federal agency with\n\t\t\t responsibility for programs and activities relating to emergency medical\n\t\t\t services and trauma care.\n \n \n \n \n (b)\n \n \n Office of EMS\n\t\t\t and Trauma\n \n \n \n (1)\n \n \n Establishment\n \n \n There is established an Office of Emergency\n\t\t\t Medical Services and Trauma, to be known as the Office of EMS and Trauma,\n\t\t\t within the Department of Health and Human Services. The Office of EMS and\n\t\t\t Trauma shall be headed by a director appointed by the Secretary of Health and\n\t\t\t Human Services.\n \n \n \n \n (2)\n \n \n Role of Office\n\t\t\t within HHS\n \n \n \n (A)\n \n \n In\n\t\t\t general\n \n \n The Office of EMS and Trauma shall have—\n \n \n \n (i)\n \n \n the\n\t\t\t responsibilities delegated to the Office of EMS and Trauma pursuant to\n\t\t\t paragraph (3);\n \n \n \n \n (ii)\n \n \n the\n\t\t\t responsibilities and authorities vested in the Office of EMS and Trauma by\n\t\t\t other provisions of this Act; and\n \n \n \n \n (iii)\n \n \n such\n\t\t\t responsibilities and authorities as may be delegated or transferred to the\n\t\t\t Office of EMS and Trauma pursuant to subparagraph (B).\n \n \n \n \n \n (B)\n \n \n Additional\n\t\t\t responsibilities and authorities\n \n \n In addition to the\n\t\t\t responsibilities and authorities specified in clauses (i) and (ii) of\n\t\t\t subparagraph (A), the Secretary of Health and Human Services may delegate or\n\t\t\t transfer to the Office of EMS and Trauma any other responsibility or authority\n\t\t\t of the Department of Health and Human Services relating to emergency medical\n\t\t\t services and trauma care, including such services and care relating to—\n \n \n \n (i)\n \n \n the full continuum\n\t\t\t of emergency medical services, including field EMS and trauma and hospital\n\t\t\t emergency medical care; or\n \n \n \n \n (ii)\n \n \n improving the\n\t\t\t quality, innovation, or cost effectiveness of emergency medical\n\t\t\t services.\n \n \n \n \n \n (C)\n \n \n Location of\n\t\t\t office in HHS\n \n \n The Secretary shall locate the Office of EMS and\n\t\t\t Trauma within the organizational structure of the Department of Health and\n\t\t\t Human Services in a manner that achieves each of the following:\n \n \n \n (i)\n \n \n Recognition of the\n\t\t\t importance and unique life-saving services associated with field EMS, trauma\n\t\t\t care, and hospital emergency care as a significant Federal priority.\n \n \n \n \n (ii)\n \n \n Integration of\n\t\t\t these essential services with the larger health care system and within the\n\t\t\t disaster preparedness system, including through regionalization of such\n\t\t\t services and by enhancing daily readiness capabilities to ensure adequate\n\t\t\t disaster readiness capabilities, consistent with the National Health Security\n\t\t\t Strategy.\n \n \n \n \n (iii)\n \n \n Consolidation,\n\t\t\t co-location, and cost efficiencies in administering programs and activities\n\t\t\t related to field EMS, trauma care, and hospital emergency medical care.\n \n \n \n \n (iv)\n \n \n Establishment of\n\t\t\t a Federal focal point for leadership and improved coordination, support, and\n\t\t\t oversight of field EMS, trauma care and hospital emergency medical care.\n \n \n \n \n (v)\n \n \n Sufficient level\n\t\t\t and stature such that—\n \n \n \n (I)\n \n \n such Office is\n\t\t\t able to fulfill its role, responsibilities, and authorities; and\n \n \n \n \n (II)\n \n \n the Director of\n\t\t\t such Office reports directly to the Secretary or an official within the\n\t\t\t Department who reports directly to the Secretary.\n \n \n \n \n \n (vi)\n \n \n Establishment of\n\t\t\t a visible and identifiable point of contact with which the public; EMS agencies\n\t\t\t and practitioners; State and local government agencies; EMS educational\n\t\t\t institutions; EMS, trauma, and hospital emergency care professional\n\t\t\t associations; and all other parties may interact.\n \n \n \n \n \n \n (3)\n \n \n Responsibilities\n \n \n The Secretary of Health and Human Services\n\t\t\t shall, at a minimum, delegate responsibility to the Office of EMS and Trauma to\n\t\t\t carry out—\n \n \n \n (A)\n \n \n sections 5 and 6\n\t\t\t (relating to the EQUIP and SPIA grant programs, respectively);\n \n \n \n \n (B)\n \n \n section 330J of\n\t\t\t the Public Health Service Act (\n \n 42 U.S.C. 254c–15\n \n ; relating to rural emergency\n\t\t\t service training and equipment assistance program);\n \n \n \n \n (C)\n \n \n part A (\n \n 42 U.S.C. 300d et seq.\n \n ), part B (42\n\t\t\t U.S.C. 300d–11 et seq.), part C (\n \n 42 U.S.C. 300d–31 et seq.\n \n ), part D (42 U.S.C.\n\t\t\t 300d–41 et seq.), and part H (\n \n 42 U.S.C. 300d–81 et seq.\n \n ) of title XII of the\n\t\t\t Public Health Service Act (relating to trauma care);\n \n \n \n \n (D)\n \n \n section 8 (relating to the field EMS\n\t\t\t education grant program); and\n \n \n \n \n (E)\n \n \n section 9 (relating to evaluating\n\t\t\t innovative models for access and delivery of field EMS for patients).\n \n \n \n \n \n \n (c)\n \n \n National EMS\n\t\t\t strategy\n \n \n The Secretary of Health and Human Services, acting\n\t\t\t through the Director of the Office of EMS and Trauma, and in consultation with\n\t\t\t the Assistant Secretary for Preparedness and Response and the Administrator of\n\t\t\t the Health Resources and Services Administration, shall develop and implement a\n\t\t\t cohesive national EMS strategy to strengthen the development of the full\n\t\t\t continuum of EMS at the Federal, State, and local levels. In establishing such\n\t\t\t a strategy, the Secretary shall—\n \n \n \n (1)\n \n \n solicit and\n\t\t\t consider the recommendations of the NEMSAC as well as relevant\n\t\t\t stakeholders;\n \n \n \n \n (2)\n \n \n consult and\n\t\t\t collaborate with FICEMS to ensure consistency of such national EMS strategy\n\t\t\t within the larger Federal strategy regarding all of emergency medical services\n\t\t\t and national preparedness and response;\n \n \n \n \n (3)\n \n \n address issues related to EMS patient and\n\t\t\t practitioner safety, standardization of EMS practitioner licensing and\n\t\t\t credentialing, field EMS quality and medical oversight, regionalization of\n\t\t\t field EMS and trauma and emergency care services, availability of field EMS and\n\t\t\t trauma care and emergency medical services throughout the Nation, and\n\t\t\t integration of field EMS practitioners into the broader health care system,\n\t\t\t including—\n \n \n \n (A)\n \n \n promotion of the\n\t\t\t adoption by States of the education standards identified in the\n \n \n \n (i)\n \n \n the\n\t\t\t identification of differences in the levels of care, scope of practice, and\n\t\t\t licensure and credentialing requirements among the States; and\n \n \n \n \n (ii)\n \n \n the\n\t\t\t adoption by the States of national standards for such levels of care, scope of\n\t\t\t practice and licensure and credentialing requirements;\n \n \n \n \n \n (B)\n \n \n promotion of a\n\t\t\t culture of safety, including—\n \n \n \n (i)\n \n \n the\n\t\t\t adoption of an anonymous error reporting system designed to identify systemic\n\t\t\t problems in field EMS patient and practitioner safety and ensure a single means\n\t\t\t of collecting and reporting relevant error data by field EMS agencies and\n\t\t\t States;\n \n \n \n \n (ii)\n \n \n the\n\t\t\t establishment of field EMS patient and practitioner safety goals and the\n\t\t\t specific means to improve field EMS practitioner and patient safety to achieve\n\t\t\t such goals; and\n \n \n \n \n (iii)\n \n \n the adoption of\n\t\t\t more uniform national ambulance vehicle safety and manufacturing standards as\n\t\t\t developed by the National Fire Protection Administration or coordinated by\n\t\t\t NHTSA;\n \n \n \n \n \n (C)\n \n \n the integration\n\t\t\t and utilization of field EMS practitioners as part of the larger health care\n\t\t\t system including—\n \n \n \n (i)\n \n \n the\n\t\t\t potential utilization of field EMS practitioners for the provision of care to\n\t\t\t patients with nonemergent medical conditions; and\n \n \n \n \n (ii)\n \n \n strategies to\n\t\t\t implement the recommendations provided by the National Health Care Workforce\n\t\t\t Commission, pursuant to section 5101(d)(2) of the Patient Protection and\n\t\t\t Affordable Care Act (\n \n 42 U.S.C. 294q(d)(2)\n \n ; and\n \n \n \n \n \n (D)\n \n \n such other issues\n\t\t\t as the Secretary considers appropriate;\n \n \n \n \n \n (4)\n \n \n incorporate into\n\t\t\t such strategy the preparedness and response objectives identified by the\n\t\t\t Secretary of Homeland Security and the Assistant Secretary for Preparedness and\n\t\t\t Response in order—\n \n \n \n (A)\n \n \n to ensure the\n\t\t\t capability and capacity of the full spectrum of EMS to respond to terrorist\n\t\t\t attacks, disasters, catastrophic events, and mass casualty events; and\n \n \n \n \n (B)\n \n \n to coordinate with\n\t\t\t the Secretary of Homeland Security accordingly;\n \n \n \n \n \n (5)\n \n \n complete the\n\t\t\t development of such strategy not later than 18 months after the date of\n\t\t\t enactment of this Act;\n \n \n \n \n (6)\n \n \n communicate such\n\t\t\t strategy to the relevant congressional committees of jurisdiction;\n \n \n \n \n (7)\n \n \n implement such strategy to the extent\n\t\t\t practical not later than 3 years after the date of enactment of this Act;\n\t\t\t and\n \n \n \n \n (8)\n \n \n update such\n\t\t\t strategy not less than every 3 years.\n \n \n \n \n \n (d)\n \n \n Statutory\n\t\t\t construction\n \n \n Nothing in this Act shall be construed to supercede\n\t\t\t any statutory authority of any Federal agency that is not within the Department\n\t\t\t of Health and Human Services.\n \n \n \n \n \n 5.\n \n \n Field EMS\n\t\t\t Excellence, Quality, Universal Access, Innovation, and Preparedness\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n The Director of the Office of EMS and Trauma (in this\n\t\t\t section referred to as the\n \n \n \n (1)\n \n \n to promote\n\t\t\t excellence in all aspects of the provision of field EMS by field EMS\n\t\t\t agencies;\n \n \n \n \n (2)\n \n \n to enhance the\n\t\t\t quality of emergency medical care provided to patients by field EMS\n\t\t\t practitioners through evidence-based, medically directed field emergency\n\t\t\t care;\n \n \n \n \n (3)\n \n \n to promote\n\t\t\t universal access to and availability of high-quality field EMS in all\n\t\t\t geographic locations of the Nation;\n \n \n \n \n (4)\n \n \n to spur innovation\n\t\t\t in the delivery of field EMS; and\n \n \n \n \n (5)\n \n \n to improve EMS agency readiness and\n\t\t\t preparedness for day-to-day emergency medical response.\n \n \n \n \n \n (b)\n \n \n Application\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n To be eligible to receive a grant under this section, an\n\t\t\t eligible entity shall submit an application to the Director in such form and\n\t\t\t manner, that contains such agreements, assurances, and information as the\n\t\t\t Director determines to be reasonably necessary to carry out this\n\t\t\t section.\n \n \n \n \n (2)\n \n \n Simple\n\t\t\t form\n \n \n The Director shall ensure that grant application\n\t\t\t requirements are not unduly burdensome to smaller and volunteer field EMS\n\t\t\t agencies or other agencies with limited resources.\n \n \n \n \n (3)\n \n \n Consistency with\n\t\t\t preparation goals\n \n \n The Director shall ensure that grant\n\t\t\t applications are consistent with national and relevant State preparedness plans\n\t\t\t and goals.\n \n \n \n \n \n (c)\n \n \n Use of\n\t\t\t funds\n \n \n Grants may be used by eligible entities to—\n \n \n \n (1)\n \n \n sustain field EMS practitioners to ensure\n\t\t\t 24 hours a day, 7 days a week readiness and preparedness at the local\n\t\t\t level;\n \n \n \n \n (2)\n \n \n develop and\n\t\t\t implement initiatives related to delivery of medical services,\n\t\t\t including—\n \n \n \n (A)\n \n \n innovative\n\t\t\t clinical practices to improve the cost effectiveness and quality of care\n\t\t\t delivered to emergency patients in the field that results in improved patient\n\t\t\t outcomes and cost savings to the health system, including for high prevalence\n\t\t\t emergency medical conditions such as sudden cardiac arrest, STEMI, stroke, and\n\t\t\t trauma; and\n \n \n \n \n (B)\n \n \n delivery systems\n\t\t\t to improve patient outcomes, which may include implementing evidence-based\n\t\t\t protocols, interventions, systems, and technologies to reduce clinically\n\t\t\t meaningful response times;\n \n \n \n \n \n (3)\n \n \n purchase and\n\t\t\t implement—\n \n \n \n (A)\n \n \n medical equipment\n\t\t\t and training for using such equipment;\n \n \n \n \n (B)\n \n \n communication\n\t\t\t systems to ensure seamless and interoperable communications with other first\n\t\t\t responders; and\n \n \n \n \n (C)\n \n \n information\n\t\t\t systems to comply with NEMSIS data collection and integrate field emergency\n\t\t\t care with electronic medical records;\n \n \n \n \n \n (4)\n \n \n participate in\n\t\t\t federally sponsored field EMS research;\n \n \n \n \n (5)\n \n \n establish or\n\t\t\t enhance comprehensive medical oversight and quality assurance programs that\n\t\t\t include the active participation by medical directors in field EMS medical\n\t\t\t direction and educational programs; and\n \n \n \n \n (6)\n \n \n such other uses as\n\t\t\t the Director may establish.\n \n \n \n \n \n (d)\n \n \n Administration\n\t\t\t of grants\n \n \n In establishing and administering the EQUIP grant\n\t\t\t program, the Director—\n \n \n \n (1)\n \n \n shall establish a\n\t\t\t grantmaking process that includes—\n \n \n \n (A)\n \n \n prioritization for\n\t\t\t the awarding of grants to eligible entities and consideration of the factors in\n\t\t\t reviewing grant applications by eligible entities including—\n \n \n \n (i)\n \n \n demonstrated\n\t\t\t financial need for funding;\n \n \n \n \n (ii)\n \n \n utilization of\n\t\t\t public and private partnerships;\n \n \n \n \n (iii)\n \n \n enhanced access\n\t\t\t to high-quality field EMS in under served geographic areas;\n \n \n \n \n (iv)\n \n \n unique needs of\n\t\t\t volunteer and rural field EMS agencies;\n \n \n \n \n (v)\n \n \n distribution among\n\t\t\t a variety of geographic areas, including urban, suburban, and rural;\n \n \n \n \n (vi)\n \n \n distribution of\n\t\t\t funds among types of EMS agencies, including governmental, nongovernmental and\n\t\t\t volunteer;\n \n \n \n \n (vii)\n \n \n implementation\n\t\t\t of evidence-based interventions that improve quality of care, patient outcomes,\n\t\t\t efficiency, or cost effectiveness; and\n \n \n \n \n (viii)\n \n \n such other\n\t\t\t factors as the Director considers necessary;\n \n \n \n \n \n (B)\n \n \n a peer-reviewed\n\t\t\t process to recommend grant allocations in accordance with the prioritization\n\t\t\t established by the Director except that final award determinations shall be\n\t\t\t made by the Director; and\n \n \n \n \n (C)\n \n \n the provision of\n\t\t\t grant awards to eligible entities on an annual basis, except that the Director\n\t\t\t may reserve not more than 25 percent of the available appropriations for\n\t\t\t multiyear grants and no grant award may exceed a 2-year period;\n \n \n \n \n \n (2)\n \n \n shall consult with\n\t\t\t and take into consideration the recommendations of the Assistant Secretary for\n\t\t\t Preparedness and Response, FICEMS, NEMSAC and relevant stakeholders;\n \n \n \n \n (3)\n \n \n shall ensure that\n\t\t\t funds used for day-to-day preparedness activities are consistent and aligned\n\t\t\t with Federal preparedness priorities; and\n \n \n \n \n (4)\n \n \n may contract with\n\t\t\t an independent, third-party, nonprofit organization to administer the grant\n\t\t\t program if the Director establishes conflict-of-interest requirements as part\n\t\t\t of any such contractual relationship.\n \n \n \n \n \n (e)\n \n \n Eligibility\n \n \n Eligible grant recipients are field EMS\n\t\t\t agencies that—\n \n \n \n (1)\n \n \n are licensed by or otherwise authorized in\n\t\t\t the State in which they operate; and\n \n \n \n \n (2)\n \n \n have medical\n\t\t\t oversight and quality improvement programs as defined by the Director.\n \n \n \n \n \n (f)\n \n \n Annual\n\t\t\t report\n \n \n The Director shall submit an annual report on the EQUIP\n\t\t\t grant program under this section to the Congress.\n \n \n \n \n \n 6.\n \n \n Field EMS System\n\t\t\t Performance, Integration, and Accountability\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n The Director of the Office of EMS and Trauma (in this\n\t\t\t section referred to as the\n \n \n \n (1)\n \n \n to improve field\n\t\t\t EMS system performance, integration and accountability;\n \n \n \n \n (2)\n \n \n to ensure\n\t\t\t preparedness for field EMS at the State and local levels;\n \n \n \n \n (3)\n \n \n to enhance\n\t\t\t physician medical oversight of field EMS systems;\n \n \n \n \n (4)\n \n \n to improve\n\t\t\t coordination between regional field EMS systems and integration of such\n\t\t\t regional field EMS systems into the larger health care system;\n \n \n \n \n (5)\n \n \n to enhance data\n\t\t\t collection and analysis to improve, on a continuing basis, the field EMS\n\t\t\t system; and\n \n \n \n \n (6)\n \n \n to promote\n\t\t\t standardization of national EMS certification of emergency medical technicians\n\t\t\t and paramedics.\n \n \n \n \n \n (b)\n \n \n Use of\n\t\t\t funds\n \n \n Grants may be used by eligible entities—\n \n \n \n (1)\n \n \n to enhance EMS system readiness and\n\t\t\t preparedness for day-to-day emergency medical response;\n \n \n \n \n (2)\n \n \n to improve\n\t\t\t cross-border collaboration and planning among States; and\n \n \n \n \n (3)\n \n \n to collect data\n\t\t\t with regard to—\n \n \n \n (A)\n \n \n NEMSIS;\n \n \n \n \n (B)\n \n \n field EMS\n\t\t\t education;\n \n \n \n \n (C)\n \n \n field EMS\n\t\t\t workforce;\n \n \n \n \n (D)\n \n \n cardiac events,\n\t\t\t including STEMI and sudden cardiac arrest;\n \n \n \n \n (E)\n \n \n stroke;\n \n \n \n \n (F)\n \n \n disasters,\n\t\t\t including injuries and illnesses;\n \n \n \n \n (G)\n \n \n ambulance\n\t\t\t diversion and patient parking;\n \n \n \n \n (H)\n \n \n trauma (in a\n\t\t\t manner that is complementary and not duplicative of other trauma data\n\t\t\t collection such as the National Trauma Data Bank);\n \n \n \n \n (I)\n \n \n data determined\n\t\t\t necessary by the State office of EMS for oversight and coordination of the\n\t\t\t State field EMS system; and\n \n \n \n \n (J)\n \n \n any other such\n\t\t\t data that the Director specifies;\n \n \n \n \n \n (4)\n \n \n to implement and\n\t\t\t evaluate system-wide quality improvement initiatives, including medical\n\t\t\t direction at the State, local, and regional levels;\n \n \n \n \n (5)\n \n \n to integrate field\n\t\t\t EMS with other health care services as part of a coordinated system of care\n\t\t\t provided to patients with emergency medical conditions to help ensure the right\n\t\t\t patient receives the right care by the right crew in the right vehicle and at\n\t\t\t the right medical facility in the right amount of time, including by enhancing\n\t\t\t regional emergency medical dispatch;\n \n \n \n \n (6)\n \n \n to incorporate\n\t\t\t national EMS certification for all levels of emergency medical technicians and\n\t\t\t paramedics;\n \n \n \n \n (7)\n \n \n to improve the\n\t\t\t State’s planning for ensuring a consistent, available EMS workforce;\n \n \n \n \n (8)\n \n \n to fund EMS\n\t\t\t regional and local oversight and planning organizations or develop regional\n\t\t\t systems of emergency medical care within the State to further enhance\n\t\t\t coordination and systemic development throughout the State; and\n \n \n \n \n (9)\n \n \n for such other\n\t\t\t uses as the Director may establish.\n \n \n \n \n \n (c)\n \n \n Administration\n\t\t\t of grants\n \n \n In establishing and administering the SPIA grant\n\t\t\t program, the Director shall—\n \n \n \n (1)\n \n \n establish State\n\t\t\t EMS system performance standards to serve as guidance to States in improving\n\t\t\t their EMS systems and in applying for grants under this subsection. In\n\t\t\t establishing such standards, the Director shall—\n \n \n \n (A)\n \n \n take into the\n\t\t\t consideration the recommendations of the Assistant Secretary for Preparedness\n\t\t\t and Response, FICEMS, NEMSAC, and relevant stakeholders;\n \n \n \n \n (B)\n \n \n include national,\n\t\t\t evidence-based guidelines; and\n \n \n \n \n (C)\n \n \n take into account\n\t\t\t the needs and resource limitations of volunteer, smaller agencies, and agencies\n\t\t\t in rural areas.\n \n \n \n \n \n (2)\n \n \n provide technical\n\t\t\t assistance to State EMS offices in conducting comprehensive EMS planning with\n\t\t\t regard to evidence-based workforce and development competencies for field EMS\n\t\t\t management;\n \n \n \n \n (3)\n \n \n allocate, within\n\t\t\t the available funds, SPIA grants to a maximum of one grant per applicant\n\t\t\t according to a formula based on population and geographic area, as determined\n\t\t\t by the Director, for a period not to exceed 2 years; and\n \n \n \n \n (4)\n \n \n require that States allocate a portion of\n\t\t\t their grant funds to regional and local oversight and planning EMS\n\t\t\t organizations within the State for the purpose of field EMS system development,\n\t\t\t maintenance, and improvement of coordination among regional\n\t\t\t organizations.\n \n \n \n \n \n (d)\n \n \n Application\n \n \n To be eligible to receive a grant under\n\t\t\t this section, an eligible entity shall submit an application to the Director in\n\t\t\t such form and manner, that contains such agreements, assurances, and\n\t\t\t information as the Director determines to be reasonably necessary to carry out\n\t\t\t this section.\n \n \n \n \n (e)\n \n \n Eligibility\n \n \n The\n\t\t\t eligible entities for a grant under this section are the State EMS office in\n\t\t\t each of the several States, tribes, and territories.\n \n \n \n \n (f)\n \n \n Annual\n\t\t\t report\n \n \n The Director shall\n\t\t\t submit an annual report on the SPIA grant program under this section to the\n\t\t\t Congress.\n \n \n \n \n \n 7.\n \n \n Field EMS\n\t\t\t quality\n \n \n \n (a)\n \n \n Medical\n\t\t\t oversight\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n To improve medical oversight of field EMS and ensure\n\t\t\t continuity and quality for such medical oversight, the Director of the Office\n\t\t\t of EMS and Trauma (in this section referred to as the\n \n \n \n (A)\n \n \n promote\n\t\t\t high-quality and comprehensive medical oversight of—\n \n \n \n (i)\n \n \n all medical care\n\t\t\t provided by field EMS practitioners; and\n \n \n \n \n (ii)\n \n \n the education and\n\t\t\t training of field EMS practitioners;\n \n \n \n \n \n (B)\n \n \n promote the\n\t\t\t development, adoption, and utilization of national guidelines for the roles of\n\t\t\t physicians who provide medical oversight for field EMS and other health care\n\t\t\t providers who support physicians in this role;\n \n \n \n \n (C)\n \n \n support efforts of\n\t\t\t relevant physician stakeholders in developing and disseminating guidelines for\n\t\t\t use by EMS medical directors and field EMS practitioners on a national basis;\n\t\t\t and\n \n \n \n \n (D)\n \n \n convene a Field\n\t\t\t EMS Medical Oversight Advisory Committee, comprised of representatives of\n\t\t\t relevant physician stakeholders, to advise the Director on ways and means to\n\t\t\t advance and support development and maintenance of quality medical oversight\n\t\t\t throughout the Nation's systems for field EMS.\n \n \n \n \n \n (2)\n \n \n Additional\n\t\t\t considerations\n \n \n In carrying out subparagraphs (B) and (C) of\n\t\t\t paragraph (1) (relating to supporting guidelines), the Director shall take into\n\t\t\t consideration—\n \n \n \n (A)\n \n \n existing\n\t\t\t guidelines developed by national professional physician associations, States,\n\t\t\t and other relevant governmental or nongovernmental entities;\n \n \n \n \n (B)\n \n \n the input of other\n\t\t\t relevant stakeholders, including health care providers who support physicians\n\t\t\t who provide medical oversight for field EMS; and\n \n \n \n \n (C)\n \n \n the unique needs\n\t\t\t associated with medical oversight of provision of field EMS in rural areas or\n\t\t\t by volunteers.\n \n \n \n \n \n (3)\n \n \n Flexibility\n \n \n The guidelines promoted under subparagraphs\n\t\t\t (B) and (C) of paragraph (1) shall ensure high-quality training, credentialing,\n\t\t\t and direction in connection with medical oversight of field EMS at the State,\n\t\t\t regional, and local levels while providing sufficient flexibility to account\n\t\t\t for historical and legitimate differences in field EMS among States, regions,\n\t\t\t and localities.\n \n \n \n \n (4)\n \n \n Required use of\n\t\t\t guidelines\n \n \n As a condition on receipt of a grant under section 5\n\t\t\t or 6, the Director shall require the grant recipient to adopt and implement (to\n\t\t\t the extent applicable) the guidelines promoted under subparagraphs (B) and (C)\n\t\t\t of paragraph (1).\n \n \n \n \n \n (b)\n \n \n GAO study and\n\t\t\t report\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n The Comptroller General of the United States shall\n\t\t\t complete a study on—\n \n \n \n (A)\n \n \n medical and\n\t\t\t administrative liability issues that may impede—\n \n \n \n (i)\n \n \n medical direction\n\t\t\t provided by physicians directly regarding specific patients or medical\n\t\t\t oversight provided by physicians in establishing medical protocols, procedures,\n\t\t\t and other activities related to the provision of emergency medical care in\n\t\t\t field EMS; or\n \n \n \n \n (ii)\n \n \n the\n\t\t\t highest quality emergency medical care in field EMS provided by personnel other\n\t\t\t than physicians such as emergency medical technicians and paramedics;\n \n \n \n \n \n (B)\n \n \n reimbursement for\n\t\t\t any component of medical oversight; and\n \n \n \n \n (C)\n \n \n such other issues\n\t\t\t as the Comptroller General deems appropriate relating to improving the quality\n\t\t\t and medical oversight of emergency medical care in field EMS.\n \n \n \n \n \n (2)\n \n \n Report to\n\t\t\t Congress\n \n \n Not later than 18\n\t\t\t months after the date of the enactment of this Act, the Comptroller General\n\t\t\t shall complete the study under paragraph (1) and submit a report to the\n\t\t\t Congress on the results of such study, including any recommendations.\n \n \n \n \n \n (c)\n \n \n Data collection\n\t\t\t and exchange\n \n \n \n (1)\n \n \n National EMS\n\t\t\t information system\n \n \n \n (A)\n \n \n In\n\t\t\t general\n \n \n The Administrator of NHTSA may maintain, improve, and\n\t\t\t expand the National EMS Information System, including the National EMS\n\t\t\t Database.\n \n \n \n \n (B)\n \n \n Consultation\n \n \n The\n\t\t\t Administrator of NHTSA shall carry out this paragraph in consultation with the\n\t\t\t Director.\n \n \n \n \n (C)\n \n \n Standardization\n \n \n In\n\t\t\t carrying out subparagraph (A), the Administrator of NHTSA shall promote the\n\t\t\t collection and reporting of data on field EMS in a standardized manner.\n \n \n \n \n (D)\n \n \n Availability of\n\t\t\t data\n \n \n The Administrator of NHTSA shall ensure that information in\n\t\t\t the National EMS Database (other than individually identifiable information) is\n\t\t\t available to Federal and State policymakers, EMS stakeholders, and\n\t\t\t researchers.\n \n \n \n \n (E)\n \n \n Technical\n\t\t\t assistance\n \n \n In carrying out subparagraph (A), the Administrator of\n\t\t\t NHTSA may provide technical assistance to State and local agencies, field EMS\n\t\t\t agencies, and other entities deemed appropriate by the Administrator to assist\n\t\t\t in the collection, analysis, and reporting of data.\n \n \n \n \n \n (2)\n \n \n Report on data\n\t\t\t gaps\n \n \n \n (A)\n \n \n In\n\t\t\t general\n \n \n Not later than 12 months after the date of the enactment\n\t\t\t of this Act, the Secretary of Health and Human Services, acting through the\n\t\t\t Director, in consultation with the Administrator of NHTSA, shall submit to the\n\t\t\t Congress a report that—\n \n \n \n (i)\n \n \n identifies gaps in\n\t\t\t the collection of data related to the provision of field EMS; and\n \n \n \n \n (ii)\n \n \n includes\n\t\t\t recommendations for improving the collection, reporting, and analysis of such\n\t\t\t data.\n \n \n \n \n \n (B)\n \n \n Recommendations\n \n \n The\n\t\t\t recommendations required by subparagraph (A)(ii) shall—\n \n \n \n (i)\n \n \n take into consideration the recommendations\n\t\t\t of FICEMS and NEMSAC and relevant stakeholders;\n \n \n \n \n (ii)\n \n \n recommend methods\n\t\t\t for improving data collection and reporting and analysis without unduly\n\t\t\t burdening reporting entities and without duplicating existing data sources\n\t\t\t (such as data collected by the National Trauma Data Bank);\n \n \n \n \n (iii)\n \n \n address the\n\t\t\t quality and availability of data, and linkages with existing patient\n\t\t\t registries, related to the provision of field EMS and utilization of field EMS\n\t\t\t with respect to a variety of illnesses and injuries (in both the everyday\n\t\t\t provision of field EMS and catastrophic or disaster response) including—\n \n \n \n (I)\n \n \n cardiac events such as chest pain, sudden\n\t\t\t cardiac arrest, and STEMI;\n \n \n \n \n (II)\n \n \n stroke;\n \n \n \n \n (III)\n \n \n trauma;\n \n \n \n \n (IV)\n \n \n disaster and\n\t\t\t catastrophic incidents, such as incidents related to terrorism or natural or\n\t\t\t manmade disasters; and\n \n \n \n \n (V)\n \n \n ambulance\n\t\t\t diversion and patient parking; and\n \n \n \n \n \n (iv)\n \n \n include an analysis of the variety of\n\t\t\t services provided by field EMS agencies.\n \n \n \n \n \n \n (3)\n \n \n Report on data\n\t\t\t integration to promote quality of care\n \n \n Not later than 18 months\n\t\t\t after the date of the enactment of this Act, the Secretary of Health and Human\n\t\t\t Services, acting through the head of the Office of the National Coordinator for\n\t\t\t Health Information Technology, in collaboration with the Director of the Office\n\t\t\t of EMS and Trauma, FICEMS, and the Administrator of NHTSA as appropriate, and\n\t\t\t taking into consideration input from relevant stakeholders, shall submit a\n\t\t\t report (including recommendations) on issues, impediments, and potential\n\t\t\t solutions pertaining to the following objectives:\n \n \n \n (A)\n \n \n Incorporation of\n\t\t\t field EMS patient care reports into patient electronic health records, taking\n\t\t\t into consideration—\n \n \n \n (i)\n \n \n the extent to\n\t\t\t which field EMS patient care reports are presently created in electronic format\n\t\t\t and the potential for elements of such reports to be incorporated into patient\n\t\t\t electronic health records;\n \n \n \n \n (ii)\n \n \n the data elements\n\t\t\t of field EMS patient care reports that would promote quality and efficiency of\n\t\t\t care if incorporated into patient electronic health records;\n \n \n \n \n (iii)\n \n \n potential modifications to the Medicare and\n\t\t\t Medicaid programs under titles XVIII and XIX, respectively, of the Social\n\t\t\t Security Act or other Federal health programs (including potential\n\t\t\t modifications to the HITECH Act (title XIII of division A of\n \n Public Law 111–5\n \n )\n\t\t\t including modifications to the entities included as eligible for incentive\n\t\t\t payments under section 1848(o), 1853(l) (to the extent that such section\n\t\t\t 1848(o) is applied), or 1903(t) of the Social Security Act, criteria for\n\t\t\t certified EHR technology for purposes of such sections, and objectives and\n\t\t\t measures for determining meaningful use of such technology for purposes of such\n\t\t\t sections) to provide appropriate reimbursement and financial incentives for EMS\n\t\t\t agencies—\n \n \n \n (I)\n \n \n to maintain field\n\t\t\t EMS patient care reports in a structured electronic format; and\n \n \n \n \n (II)\n \n \n to otherwise\n\t\t\t adopt and use electronic health records; and\n \n \n \n \n \n (iv)\n \n \n potential\n\t\t\t modifications to the HITECH Act to provide incentives to eligible hospitals\n\t\t\t under section 1886(n), 1853(m) (to the extent that such section 1886(n) is\n\t\t\t applied), or section 1814(l)(3) of the Social Security Act to incorporate\n\t\t\t appropriate data elements of field EMS patient care reports into patient\n\t\t\t electronic health records.\n \n \n \n \n \n (B)\n \n \n Incorporation of\n\t\t\t patient health information created subsequent to the receipt of field EMS\n\t\t\t emergency care into NEMSIS, taking into consideration—\n \n \n \n (i)\n \n \n what types of\n\t\t\t medical information created subsequent to the receipt of field EMS emergency\n\t\t\t care (such as outcomes information or information regarding subsequent care and\n\t\t\t treatment) would, if included in NEMSIS, be potentially useful in evaluating\n\t\t\t and improving the quality of EMS care;\n \n \n \n \n (ii)\n \n \n how best to\n\t\t\t integrate such information into NEMSIS;\n \n \n \n \n (iii)\n \n \n potential\n\t\t\t modifications to the HITECH Act to require eligible hospitals, as defined in\n\t\t\t section 1886(n)(6)(B) of the Social Security Act, for purposes of incentive\n\t\t\t payments under 1886(b)(3)(B)(ix) and 1886(n) of such Act, to develop or report\n\t\t\t relevant data to NEMSIS or other appropriate State or private registries;\n\t\t\t and\n \n \n \n \n (iv)\n \n \n potential\n\t\t\t modifications to the Medicare and Medicaid programs under titles XVIII and XIX,\n\t\t\t respectively, of the Social Security Act or other Federal health programs to\n\t\t\t provide appropriate reimbursement and financial incentives for field EMS\n\t\t\t agencies to develop or report relevant data to NEMSIS or other appropriate\n\t\t\t State or private registries.\n \n \n \n \n \n \n \n (d)\n \n \n Clarification of\n\t\t\t HIPAA\n \n \n \n (1)\n \n \n Exchange of\n\t\t\t information related to the treatment of patients\n \n \n \n (A)\n \n \n In\n\t\t\t general\n \n \n Nothing in HIPAA\n\t\t\t privacy and security law (as defined in section 3009(a)(2) of the Public Health\n\t\t\t Service Act (\n \n 42 U.S.C. 300jj–19(a)(2)\n \n ) shall be construed as prohibiting the\n\t\t\t exchange of information between field EMS practitioners treating an individual\n\t\t\t and personnel of a hospital to which the individual is transported for the\n\t\t\t purposes of relating information on the medical history, treatment, care, and\n\t\t\t outcome of such individual (including any health care personnel safety issues\n\t\t\t such as infectious disease).\n \n \n \n \n (B)\n \n \n Guidelines\n \n \n The Secretary of Health and Human Services\n\t\t\t shall establish guidelines for exchanges of information between field EMS\n\t\t\t practitioners treating an individual and personnel of a hospital to which the\n\t\t\t individual is transported to protect the privacy of the individual while\n\t\t\t ensuring the ability of such EMS practitioners and hospital personnel to\n\t\t\t communicate effectively to further the continuity and quality of emergency\n\t\t\t medical care provided to such individual.\n \n \n \n \n \n (2)\n \n \n NEMSIS\n\t\t\t data\n \n \n Nothing in HIPAA privacy\n\t\t\t and security law (as defined in section 3009(a)(2) of the Public Health Service\n\t\t\t Act (\n \n 42 U.S.C. 300jj–19(a)(2)\n \n ) shall be construed as prohibiting—\n \n \n \n (A)\n \n \n a field EMS agency\n\t\t\t from submitting EMS data to the State EMS Office for the purpose of quality\n\t\t\t improvement and data collection by the State for submission to NEMSIS;\n\t\t\t or\n \n \n \n \n (B)\n \n \n the State EMS\n\t\t\t Office from submitting aggregated nonindividually identifiable EMS data to the\n\t\t\t National EMS Database maintained by NHTSA.\n \n \n \n \n \n \n \n 8.\n \n \n Field EMS\n\t\t\t education grants\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n For the purpose of\n\t\t\t promoting field EMS as a health profession and ensuring the availability,\n\t\t\t quality, and capability of field EMS educators, practitioners, and medical\n\t\t\t directors, the Director of the Office of EMS and Trauma (in this section\n\t\t\t referred to as the\n \n 42 U.S.C. 294q\n \n ), and relevant\n\t\t\t stakeholders.\n \n \n \n \n (b)\n \n \n Eligibility\n \n \n In\n\t\t\t this section, the term\n \n eligible entity\n \n means an educational\n\t\t\t organization, an educational institution, a professional association, and any\n\t\t\t other entity involved with the education of field EMS practitioners.\n \n \n \n \n (c)\n \n \n Use of\n\t\t\t funds\n \n \n The Director may award a grant to an eligible entity under\n\t\t\t paragraph (1) only if the entity agrees to use the grant to—\n \n \n \n (1)\n \n \n develop and\n\t\t\t implement education programs that—\n \n \n \n (A)\n \n \n train field EMS trainers and promote the\n\t\t\t adoption and implementation of the education standards identified in the\n \n \n \n \n (B)\n \n \n bridge the gap in\n\t\t\t knowledge and skills in field EMS and among field EMS and other allied health\n\t\t\t professions to develop a larger cadre of educational instructors and build a\n\t\t\t stronger and more flexible field EMS practitioner corps; or\n \n \n \n \n (C)\n \n \n provide training\n\t\t\t and retraining programs to provide displaced workers the opportunity to enter a\n\t\t\t field EMS profession;\n \n \n \n \n \n (2)\n \n \n develop and\n\t\t\t implement educational courses pertaining to—\n \n \n \n (A)\n \n \n instructor\n\t\t\t courses;\n \n \n \n \n (B)\n \n \n provision of\n\t\t\t medical direction of field EMS;\n \n \n \n \n (C)\n \n \n field EMS\n\t\t\t practitioners, including physicians, emergency medical technicians, paramedics,\n\t\t\t nurses, and other relevant clinicians providing emergency medical care in the\n\t\t\t field;\n \n \n \n \n (D)\n \n \n field EMS\n\t\t\t educational and clinical research;\n \n \n \n \n (E)\n \n \n bridge programs\n\t\t\t among field EMS, nursing, and other allied health professions;\n \n \n \n \n (F)\n \n \n field EMS management;\n \n \n \n \n (G)\n \n \n national,\n\t\t\t evidence-based guidelines; and\n \n \n \n \n (H)\n \n \n translation of the\n\t\t\t lessons learned in military medicine to field EMS;\n \n \n \n \n \n (3)\n \n \n evaluate education and training courses and\n\t\t\t methodologies to identify optimal educational modalities for field EMS\n\t\t\t practitioners;\n \n \n \n \n (4)\n \n \n improve the field\n\t\t\t EMS education infrastructure by increasing the number of field EMS instructors\n\t\t\t and the quality of their preparation by improving, enhancing, and modernizing\n\t\t\t the dissemination of EMS education, including distance learning, and by\n\t\t\t establishing quality improvement for EMS education programs;\n \n \n \n \n (5)\n \n \n enhance the\n\t\t\t opportunity for medical direction training and for promoting appropriate\n\t\t\t medical oversight of field emergency medical care;\n \n \n \n \n (6)\n \n \n improve systems to\n\t\t\t design, implement, and evaluate education for prospective and current field EMS\n\t\t\t providers; or\n \n \n \n \n (7)\n \n \n carrying out such\n\t\t\t other activities as the Director may identify.\n \n \n \n \n \n (d)\n \n \n Priority\n \n \n The Director, in consultation with NHTSA\n\t\t\t and relevant stakeholders, and taking into consideration the recommendations of\n\t\t\t FICEMS and NEMSAC, shall establish a system of prioritization in awarding\n\t\t\t grants under this section to eligible entities.\n \n \n \n \n (e)\n \n \n Duration of\n\t\t\t grants\n \n \n Grants under this section shall be for a period of 1 to 3\n\t\t\t years.\n \n \n \n \n (f)\n \n \n Application\n \n \n The Director may not award a grant to an\n\t\t\t eligible entity under this section unless the entity submits an application to\n\t\t\t the Director in such form, in such manner, and containing such agreements,\n\t\t\t assurances, and information as the Director may require. The Director shall\n\t\t\t ensure that the requirements for submitting an application under this section\n\t\t\t are not unduly burdensome.\n \n \n \n \n \n 9.\n \n \n Evaluating\n\t\t\t innovative models for access and delivery of field EMS for patients\n \n \n \n (a)\n \n \n Evaluation\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Not later than 1 year after the date of the enactment of\n\t\t\t this Act, the Director of the Office of EMS and Trauma, in consultation with\n\t\t\t the Administrator of the Centers for Medicare & Medicaid Services (in this\n\t\t\t section referred to as the\n \n \n \n (A)\n \n \n the provision of\n\t\t\t and reimbursement for alternative delivery models for medical care through\n\t\t\t field EMS; and\n \n \n \n \n (B)\n \n \n the integration of\n\t\t\t field EMS patients with other medical providers and facilities as medically\n\t\t\t appropriate.\n \n \n \n \n \n (2)\n \n \n Specific\n\t\t\t issues\n \n \n The evaluation under paragraph (1) shall consider each of\n\t\t\t the following:\n \n \n \n (A)\n \n \n Alternative\n\t\t\t dispositions of patients, including—\n \n \n \n (i)\n \n \n transporting\n\t\t\t patients by ambulance to destinations other than a hospital such as the office\n\t\t\t of the patient’s physician, an urgent care center, or the facilities of another\n\t\t\t health care provider;\n \n \n \n \n (ii)\n \n \n when medically\n\t\t\t necessary, the evaluation, treatment, or referral of patients to other\n\t\t\t medically appropriate health care providers; and\n \n \n \n \n (iii)\n \n \n the funding of\n\t\t\t the provision of medical care regardless of the decision to transport such as\n\t\t\t reimbursement models based on readiness rather than transport and shared\n\t\t\t savings.\n \n \n \n \n \n (B)\n \n \n Issues related to\n\t\t\t medical liability and the requirements of section 1867 of the Social Security\n\t\t\t Act (\n \n 42 U.S.C. 1395dd\n \n ; commonly referred to as\n \n \n \n \n (C)\n \n \n Necessary\n\t\t\t protections to ensure that patients receive timely and appropriate care in the\n\t\t\t appropriate setting.\n \n \n \n \n (D)\n \n \n Whether there are\n\t\t\t any barriers to providing alternate dispositions to patients who are not in\n\t\t\t need of care in hospital emergency departments.\n \n \n \n \n (E)\n \n \n Other issues\n\t\t\t determined by the Director, including, when possible, issues recommended by\n\t\t\t FICEMS or NEMSAC for evaluation under this subsection.\n \n \n \n \n \n \n (b)\n \n \n Demonstration\n\t\t\t projects\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Beginning not later\n\t\t\t than 1 year after the date of the enactment of this Act, the Director shall\n\t\t\t conduct or support at least 10 demonstration projects to—\n \n \n \n (A)\n \n \n evaluate the implementation and\n\t\t\t reimbursement of alternative dispositions of field EMS patients,\n\t\t\t including—\n \n \n \n (i)\n \n \n transporting\n\t\t\t patients by ambulance to alternate destinations when medically appropriate and\n\t\t\t in the patients’ best interests; and\n \n \n \n \n (ii)\n \n \n when medically\n\t\t\t necessary, evaluating, treating, or referring patients to other medically\n\t\t\t appropriate providers;\n \n \n \n \n \n (B)\n \n \n evaluate the\n\t\t\t implementation of reimbursement models based on readiness rather than transport\n\t\t\t or shared savings; and\n \n \n \n \n (C)\n \n \n determine whether such alternative\n\t\t\t dispositions and reimbursement models—\n \n \n \n (i)\n \n \n improve the\n\t\t\t safety, effectiveness, timeliness, and efficiency of EMS; and\n \n \n \n \n (ii)\n \n \n reduce overall\n\t\t\t utilization and expenditures under the Medicare program under title XVIII of\n\t\t\t the Social Security Act.\n \n \n \n \n \n \n (2)\n \n \n Evidence-based\n\t\t\t protocols\n \n \n The Director shall\n\t\t\t ensure that at least one demonstration project under paragraph (1) evaluates\n\t\t\t evidence-based protocols that give guidance on selection of the destination to\n\t\t\t which patients are transported.\n \n \n \n \n (3)\n \n \n Duration\n \n \n The\n\t\t\t period of a demonstration project under paragraph (1) shall not exceed 36\n\t\t\t months.\n \n \n \n \n (4)\n \n \n Research\n \n \n If\n\t\t\t the Director determines that further research is necessary prior to or in\n\t\t\t conjunction with the demonstration projects under this subsection in order to\n\t\t\t evaluation the implementation of alternative dispositions of field EMS\n\t\t\t patients, the Director shall conduct or support such research.\n \n \n \n \n (5)\n \n \n Authorization of\n\t\t\t appropriations\n \n \n Of the amount\n\t\t\t made available to carry out section 1115A of the Social Security Act (42 U.S.C.\n\t\t\t 1315a) for a fiscal year, there are authorized to be appropriated such sums as\n\t\t\t may be necessary to carry out this subsection.\n \n \n \n \n \n (c)\n \n \n Report to\n\t\t\t Congress\n \n \n Not later than 1 year after the completion of all\n\t\t\t demonstration projects under subsection (b), the Director shall submit to the\n\t\t\t Congress a report on the results of activities under this section, including\n\t\t\t recommendations on the efficacy of alternative dispositions of field EMS\n\t\t\t patients.\n \n \n \n \n \n 10.\n \n \n Enhancing\n\t\t\t research in field EMS\n \n \n \n (a)\n \n \n Models To be\n\t\t\t tested by Center for Medicare and Medicaid Innovation\n \n \n Section 1115A(b)(2)(B) of title XI of the\n\t\t\t Social Security Act (\n \n 42 U.S.C. 1315a(b)(2)(B)\n \n ) is amended by adding at the end\n\t\t\t the following:\n \n \n \n \n (xxi)\n \n \n Enhancing health outcomes for patients\n\t\t\t\treceiving field emergency medical services and improving timely and efficient\n\t\t\t\tdelivery of high-quality field emergency medical services, such as\n\t\t\t\tthrough—\n \n \n \n (I)\n \n \n regionalization of\n\t\t\t\temergency care;\n \n \n \n \n (II)\n \n \n medical transport\n\t\t\t\tto alternate destinations; or\n \n \n \n \n (III)\n \n \n when medically\n\t\t\t\tnecessary, the evaluation, treatment, or referral of patients to other\n\t\t\t\tmedically appropriate health\n\t\t\t\tproviders.\n \n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Emergency\n\t\t\t medical research\n \n \n Section 498D of the Public Health Service Act\n\t\t\t (\n \n 42 U.S.C. 289g–4\n \n ) is amended—\n \n \n \n (1)\n \n \n by redesignating\n\t\t\t subsections (c) and (d) as subsections (d) and (e), respectively; and\n \n \n \n \n (2)\n \n \n by inserting after\n\t\t\t subsection (b) the following:\n \n \n \n \n (c)\n \n \n Field EMS\n\t\t\t\temergency medical research\n \n \n The Secretary shall conduct research and\n\t\t\t\tevaluation relating to\n \n \n \n .\n \n \n \n \n \n \n (c)\n \n \n Field EMS\n\t\t\t practice center\n \n \n Subpart II of part D of title IX of the Public\n\t\t\t Health Service Act (\n \n 42 U.S.C. 299b–33 et seq.\n \n ) is amended by adding at the end\n\t\t\t the following:\n \n \n \n \n 938.\n \n \n Field EMS\n\t\t\t\tpractice center\n \n \n \n (a)\n \n \n Establishment\n \n \n For the purpose described in subsection\n\t\t\t\t(b), the Director shall establish within the Office of Research and Evaluation\n\t\t\t\ta Field EMS Evidence-Based Practice Center.\n \n \n \n \n (b)\n \n \n Purpose\n \n \n The\n\t\t\t\tpurpose of the Center is to conduct or support research to promote the highest\n\t\t\t\tquality of emergency medical care in field EMS and the most effective delivery\n\t\t\t\tsystem for the provision of such care. Research conducted or supported pursuant\n\t\t\t\tto the preceding sentence shall include—\n \n \n \n (1)\n \n \n comparative safety\n\t\t\t\tand effectiveness research;\n \n \n \n \n (2)\n \n \n other appropriate\n\t\t\t\tclinical or systems research; and\n \n \n \n \n (3)\n \n \n research\n\t\t\t\taddressing—\n \n \n \n (A)\n \n \n critical care\n\t\t\t\ttransport;\n \n \n \n \n (B)\n \n \n off-shore\n\t\t\t\toperations;\n \n \n \n \n (C)\n \n \n tactical emergency\n\t\t\t\tmedical services;\n \n \n \n \n (D)\n \n \n air medical\n\t\t\t\tservices; and\n \n \n \n \n (E)\n \n \n the application of\n\t\t\t\tlessons learned in military field medicine in the delivery of emergency medical\n\t\t\t\tcare in field EMS.\n \n \n \n \n \n \n (c)\n \n \n Definition\n \n \n In this section:\n \n \n \n (1)\n \n \n The term\n \n Center\n \n means the Field EMS Evidence-Based Practice Center\n\t\t\t\testablished under subsection (a).\n \n \n \n \n (2)\n \n \n The term\n \n field EMS\n \n has the meaning given to such term in section 3 of the\n \n Field EMS Quality, Innovation, and Cost\n\t\t\t\tEffectiveness Improvements Act of\n\t\t\t\t2013\n \n .\n \n \n \n \n \n .\n \n \n \n \n \n (d)\n \n \n Limitations on\n\t\t\t certain uses of research\n \n \n Section 1182 of the Social Security Act\n\t\t\t (\n \n 42 U.S.C. 1320e–1\n \n ) is amended by striking\n \n \n \n \n (e)\n \n \n Regulatory\n\t\t\t barriers\n \n \n For the purposes of research conducted pursuant to this\n\t\t\t section or any other research funded by the Department of Health and Human\n\t\t\t Services related to emergency medical services in the field in which informed\n\t\t\t consent is required but may not be attainable, the Secretary of Health and\n\t\t\t Human Services shall—\n \n \n \n (1)\n \n \n evaluate and\n\t\t\t consider the patient and research issues involved; and\n \n \n \n \n (2)\n \n \n address regulatory\n\t\t\t barriers to such research related to the need for informed consent in a manner\n\t\t\t that ensures adequate patient safety and notification, and submit\n\t\t\t recommendations to Congress for any changes to Federal statutes necessary to\n\t\t\t address such barriers.\n \n \n \n \n \n \n 11.\n \n \n Emergency\n\t\t\t Medical Services Trust Fund\n \n \n \n (a)\n \n \n Designation of\n\t\t\t income tax overpayments and additional contributions for emergency medical\n\t\t\t services\n \n \n Subchapter A of\n \n chapter 61\n \n of the Internal Revenue Code of 1986 (relating to returns and\n\t\t\t records) is amended by adding at the end the following new part:\n \n \n \n \n IX\n \n \n Designation of\n\t\t\t\tincome tax overpayments and additional contributions for emergency medical\n\t\t\t\tservices\n \n \n \n 6097.\n \n \n Designation by\n\t\t\t\tindividuals\n \n \n \n (a)\n \n \n In\n\t\t\t\tgeneral\n \n \n Every individual\n\t\t\t\t(other than a nonresident alien)—\n \n \n \n (1)\n \n \n may designate that\n\t\t\t\ta specified portion of any overpayment of tax for a taxable year, and\n \n \n \n \n (2)\n \n \n may designate that\n\t\t\t\tan amount in addition to any payment of tax for such taxable year and any\n\t\t\t\tdesignation under paragraph (1),\n \n \n \n shall be\n\t\t\t\tused to fund the Emergency Medical Services Trust Fund. Designations under the\n\t\t\t\tpreceding sentence shall be in an amount not less than $1 and the Secretary\n\t\t\t\tshall provide for elections in amounts of $1, $5, $10, or such other amount as\n\t\t\t\tthe taxpayer designates.\n \n \n \n \n (b)\n \n \n Adjusted income\n\t\t\t\ttax liability\n \n \n For purposes of\n\t\t\t\tthis section, the term\n \n adjusted income tax liability\n \n means income\n\t\t\t\ttax liability (as defined in section 6096(b)) reduced by any amount designated\n\t\t\t\tunder section 6096 (relating to designation of income tax payments to\n\t\t\t\tPresidential Election Campaign Fund).\n \n \n \n \n (c)\n \n \n Overpayments\n\t\t\t\tTreated as Refunded\n \n \n For purposes of this title, any portion of an\n\t\t\t\toverpayment of tax designated under subsection (a) shall be treated as—\n \n \n \n (1)\n \n \n being refunded to\n\t\t\t\tthe taxpayer as of the last date prescribed for filing the return of tax\n\t\t\t\timposed by chapter 1 (determined without regard to extensions) or, if later,\n\t\t\t\tthe date the return is filed, and\n \n \n \n \n (2)\n \n \n a contribution\n\t\t\t\tmade by such taxpayer on such date to the United States.\n \n \n \n \n \n (d)\n \n \n Manner and time\n\t\t\t\tof designation\n \n \n A designation under subsection (a) may be made\n\t\t\t\twith respect to any taxable year—\n \n \n \n (1)\n \n \n at the time of\n\t\t\t\tfiling the return of the tax imposed by chapter 1 for such taxable year,\n\t\t\t\tor\n \n \n \n \n (2)\n \n \n at any other time\n\t\t\t\t(after the time of filing the return of the tax imposed by chapter 1 for such\n\t\t\t\ttaxable year) specified in regulations prescribed by the Secretary.\n \n \n \n Such\n\t\t\t\tdesignation shall be made in such manner as the Secretary prescribes by\n\t\t\t\tregulations except that, if such designation is made at the time of filing the\n\t\t\t\treturn of the tax imposed by chapter 1 for such taxable year, such designation\n\t\t\t\tshall be made either on the first page of the return or on the page bearing the\n\t\t\t\tsignature of the\n\t\t\t\ttaxpayer.\n \n \n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Emergency\n\t\t\t Medical Services Trust Fund\n \n \n Subchapter A of chapter 98 of the\n\t\t\t Internal Revenue Code of 1986 is amended by adding at the end the following new\n\t\t\t section:\n \n \n \n \n 9512.\n \n \n Emergency\n\t\t\t\tMedical Services Trust Fund\n \n \n \n (a)\n \n \n Creation of\n\t\t\t\ttrust fund\n \n \n There is established in the Treasury of the United\n\t\t\t\tStates a trust fund to be known as the\n \n \n \n \n (b)\n \n \n Transfers to\n\t\t\t\ttrust fund\n \n \n There are hereby\n\t\t\t\tappropriated to the Emergency Medical Services Trust Fund amounts equivalent to\n\t\t\t\tthe amounts of the overpayments of tax to which designations under section 6097\n\t\t\t\tapply.\n \n \n \n \n (c)\n \n \n Expenditures\n\t\t\t\tfrom trust fund\n \n \n Amounts in\n\t\t\t\tthe Emergency Medical Services Trust Fund shall be available, as provided in\n\t\t\t\tappropriation Acts, only for carrying out the provisions for which amounts are\n\t\t\t\tauthorized to be appropriated under subsections (a) and (b) of section 12 of\n\t\t\t\tthe\n \n Field EMS Quality, Innovation, and Cost\n\t\t\t\tEffectiveness Improvements Act of\n\t\t\t\t2013\n \n .\n \n \n \n \n .\n \n \n \n \n \n (c)\n \n \n Clerical\n\t\t\t amendments\n \n \n \n (1)\n \n \n Clerical\n\t\t\t amendment\n \n \n The table of parts for subchapter A of chapter 61 of\n\t\t\t the Internal Revenue Code of 1986 is amended by adding at the end the following\n\t\t\t new item:\n \n \n \n \n \n \n \n \n (2)\n \n \n The table of\n\t\t\t sections for subchapter A of chapter 98 of such Code is amended by adding at\n\t\t\t the end the following new item:\n \n \n \n \n Sec. 9512. Emergency Medical Services Trust\n\t\t\t\tFund.\n \n \n \n .\n \n \n \n \n \n \n (d)\n \n \n Effective\n\t\t\t date\n \n \n The amendments made by this section shall apply to taxable\n\t\t\t years beginning after December 31, 2013.\n \n \n \n \n \n 12.\n \n \n Authorization of\n\t\t\t appropriations\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n Out of amounts in the Emergency Medical Services Trust\n\t\t\t Fund, there are authorized to be appropriated—\n \n \n \n (1)\n \n \n $12,000,000 shall be for carrying out\n\t\t\t sections 4 (excluding the provisions of law listed in subsection (b)(3) of such\n\t\t\t section), 7, 9(a), 9(c), and 11 of this Act for each of fiscal years 2014\n\t\t\t through 2017;\n \n \n \n \n (2)\n \n \n $200,000,000 shall\n\t\t\t be for carrying out section 5 of this Act for each of fiscal years 2014 through\n\t\t\t 2017;\n \n \n \n \n (3)\n \n \n $50,000,000 shall\n\t\t\t be for carrying out section 6 of this Act for each of fiscal years 2014 through\n\t\t\t 2017;\n \n \n \n \n (4)\n \n \n $4,000,000 shall\n\t\t\t be for carrying out section 7(c)(1) of this Act for each of fiscal years 2014\n\t\t\t through 2017;\n \n \n \n \n (5)\n \n \n $15,000,000 shall\n\t\t\t be for carrying out section 8 of this Act for each of fiscal years 2014 through\n\t\t\t 2017; and\n \n \n \n \n (6)\n \n \n $40,000,000 shall\n\t\t\t be for carrying out sections 498D(c) and 938 of the Public Health Service Act,\n\t\t\t as added by subsections (b) and (c) of section 10 of this Act, for each of\n\t\t\t fiscal years 2014 through 2017.\n \n \n \n \n \n (b)\n \n \n Excess\n\t\t\t amounts\n \n \n If, for any fiscal\n\t\t\t year, amounts in the Emergency Medical Services Trust Fund exceed the maximum\n\t\t\t amount authorized to be appropriated under subsection (a), such excess amounts\n\t\t\t are authorized to be appropriated to carry out section 330J, section 498D, and\n\t\t\t parts A, B, C, D, and H of title XII of the Public Health Service Act (42\n\t\t\t U.S.C. 254c–15, 289g–4, 300d et seq., 300d–11 et seq., 300d–31 et seq., and\n\t\t\t 300d–81 et seq.).\n \n \n \n \n (c)\n \n \n Start-Up\n\t\t\t funding\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Out of the discretionary funds available to the Secretary\n\t\t\t of Health and Human Services for each of fiscal years 2014 and 2015,\n\t\t\t $40,000,000 shall be for carrying out the provisions listed in subsection (a)\n\t\t\t or (b).\n \n \n \n \n (2)\n \n \n Relation to\n\t\t\t other funds\n \n \n The amount of discretionary funds allocated under\n\t\t\t paragraph (1) for the purpose of carrying out the provisions listed in\n\t\t\t subsection (a) or (b) shall be in addition to, not in lieu of, the amount of\n\t\t\t discretionary funds that would otherwise be available for such purpose.\n \n \n \n \n \n (d)\n \n \n Administrative\n\t\t\t expenses\n \n \n Of the amounts made available under subsection (a), (b),\n\t\t\t or (c) to carry out each of the provisions listed in subsection (a), not more\n\t\t\t than 5 percent of each such amount may be used for Federal administrative\n\t\t\t expenses.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 809 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Bucshon introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for improvement of field emergency medical services, and for other purposes.\n\n1. Short title; table of contents (a) Short title This Act may be cited as the Field EMS Quality, Innovation, and Cost Effectiveness Improvements Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Recognition of HHS as primary Federal agency for emergency medical services and trauma care. Sec. 5. Field EMS Excellence, Quality, Universal Access, Innovation, and Preparedness. Sec. 6. Field EMS System Performance, Integration, and Accountability. Sec. 7. Field EMS quality. Sec. 8. Field EMS education grants. Sec. 9. Evaluating innovative models for access and delivery of field EMS for patients. Sec. 10. Enhancing research in field EMS. Sec. 11. Emergency Medical Services Trust Fund. Sec. 12. Authorization of appropriations. 2. Findings The Congress finds the following: (1) All persons throughout the country should have access to and receive high-quality emergency medical care as part of a coordinated emergency medical services system. (2) Properly functioning emergency medical services (EMS) systems, 24 hours per day, 7 days per week, are essential to ensure access to emergency medical care and transport for all patients with emergency medical conditions. Such coordinated EMS systems are also necessary for response to catastrophic incidents. (3) Ensuring high-quality and cost-effective EMS systems requires readiness, preparedness, medical direction, oversight, and innovation throughout the continuum of emergency medical care through Federal, State, and local multijurisdictional collaboration and sufficient resources for EMS agencies and providers. (4) At the Federal level, EMS responsibilities and resources of several Federal agencies consistent with their expertise and authority must emphasize the critical importance of Federal agency collaboration and coordination for all emergency medical services. (5) At the State and local level, EMS systems and agencies require the coordination and improved capabilities of multiple and diverse stakeholders. (6) Emergency medical services encompass the provision of care provided to patients with emergency medical conditions throughout the continuum, including emergency medical care and trauma care provided in the field, hospital, and rehabilitation settings. (7) Field EMS comprises essential emergency medical services, including medical care or medical transport provided to patients prior to or outside medical facilities and other clinical settings. The primary purpose of field emergency medical services is to ensure that emergency medical patients receive the right care at the right place in the right amount of time. (8) Coordinated and high-quality field EMS is essential to the Nation’s security. Field EMS is an essential public service provided by governmental and nongovernmental agencies and practitioners 24 hours a day, 7 days a week, and during catastrophic incidents. To ensure disaster and all-hazards preparedness for EMS operations as part of the Nation’s comprehensive disaster preparedness, Federal funding for preparedness activities, including catastrophic training and drills, must be provided to governmental and nongovernmental EMS agencies so as to ensure a greater capability within each of these areas. (9) Numerous recommendations from several significant national reports and documents have demonstrated the need in multiple areas for substantial improvement of emergency medical services provided in the field, including recommendations in the EMS Agenda for the Future, the Institute of Medicine report The Future of Emergency Care in the United Health System , and the National EMS Education Agenda for the Future: A Systems Approach and recommendations by the National EMS Workforce Injury and Illness Surveillance Program, the Department of Transportation’s National EMS Advisory Council (NEMSAC), and the Federal Interagency Committee on Emergency Medical Services (FICEMS). (10) To substantially improve field EMS, advancements must be made in several essential areas including readiness, innovation, preparedness, education and workforce development, safety, financing, quality, standards, and research. (11) The recognition of a primary programmatic Federal agency for emergency medical services within the Department of Health and Human Services was recommended by the Institute of Medicine and is necessary to provide a more streamlined, cost-efficient, and comprehensive approach for field EMS and a focal point for practitioners and agencies to interface with the Federal Government. (12) The essential role of field EMS in disaster preparedness and response must be incorporated into the national preparedness and response strategy and implementation as provided and overseen by the Department of Homeland Security and the Department of Health and Human Services pursuant to their respective jurisdictions. (13) The essential role of NHTSA in the continued development of NEMSIS and in overseeing transportation issues related to field EMS such as EMS and ambulance vehicle safety standards should be maintained. (14) FICEMS must continue in its essential role in coordinating the Federal activities related to the full spectrum of EMS. 3. Definitions In this Act: (1) The term ambulance diversion means the practice by hospitals of denying access to an incoming ambulance by requesting it to proceed to another facility due to a stated lack of capacity at the initial facility, resulting in delayed access to definitive care. (2) The term EMS means emergency medical services. (3) The term FICEMS means the Federal Interagency Committee on Emergency Medical Services. (4) The term field EMS means emergency medical services provided to patients (including transport by ground, air, or otherwise) prior to or outside a medical facility or other clinical setting. (5) The term field EMS agency means an organization providing field EMS, regardless of— (A) whether such organization is governmental, nongovernmental, or volunteer; and (B) whether such organization provides field EMS by ground, air, or otherwise. (6) The term emergency medical services or EMS means emergency medical care, trauma care, and related services provided to patients at any point in the continuum of health care services, including emergency medical dispatch and emergency medical care, trauma care, and related services provided in the field, during transport, or in a medical facility or other clinical setting. (7) The term field EMS patient care reports means the information that a field EMS agency typically creates regarding a patient’s medical condition and treatment in the course of providing emergency medical services to that patient. (8) The term medical oversight means the supervision by a physician of the medical aspects of an EMS system or agency and its providers including prospective, concurrent, and respective components of field EMS and the education of EMS providers. (9) The term NEMSAC means the National Emergency Medical Services Advisory Council. (10) The term NEMSIS means the National EMS Information System. (11) The term NHTSA means the National Highway Traffic Safety Administration. (12) The term patient parking means the practice by hospitals of refusing to accept transfer of a patient’s care from an ambulance crew until a regular emergency department bed is available, requiring the crew to continue to provide patient care on the ambulance stretcher other than a patient bed in the hospital until hospital staff will accept the transfer of care, resulting in delayed access to definitive care. (13) The term State EMS Office means an office designated by the State with primary responsibility for oversight of the State’s EMS system, such as responsibility for oversight of EMS coordination, licensing or certifying EMS practitioners, and EMS system improvement. (14) The term STEMI means ST–Segment Elevation Myocardial Infarction. 4. Recognition of HHS as primary Federal agency for emergency medical services and trauma care (a) Primary Federal agency The Department of Health and Human Services shall serve as the primary Federal agency with responsibility for programs and activities relating to emergency medical services and trauma care. (b) Office of EMS and Trauma (1) Establishment There is established an Office of Emergency Medical Services and Trauma, to be known as the Office of EMS and Trauma, within the Department of Health and Human Services. The Office of EMS and Trauma shall be headed by a director appointed by the Secretary of Health and Human Services. (2) Role of Office within HHS (A) In general The Office of EMS and Trauma shall have— (i) the responsibilities delegated to the Office of EMS and Trauma pursuant to paragraph (3); (ii) the responsibilities and authorities vested in the Office of EMS and Trauma by other provisions of this Act; and (iii) such responsibilities and authorities as may be delegated or transferred to the Office of EMS and Trauma pursuant to subparagraph (B). (B) Additional responsibilities and authorities In addition to the responsibilities and authorities specified in clauses (i) and (ii) of subparagraph (A), the Secretary of Health and Human Services may delegate or transfer to the Office of EMS and Trauma any other responsibility or authority of the Department of Health and Human Services relating to emergency medical services and trauma care, including such services and care relating to— (i) the full continuum of emergency medical services, including field EMS and trauma and hospital emergency medical care; or (ii) improving the quality, innovation, or cost effectiveness of emergency medical services. (C) Location of office in HHS The Secretary shall locate the Office of EMS and Trauma within the organizational structure of the Department of Health and Human Services in a manner that achieves each of the following: (i) Recognition of the importance and unique life-saving services associated with field EMS, trauma care, and hospital emergency care as a significant Federal priority. (ii) Integration of these essential services with the larger health care system and within the disaster preparedness system, including through regionalization of such services and by enhancing daily readiness capabilities to ensure adequate disaster readiness capabilities, consistent with the National Health Security Strategy. (iii) Consolidation, co-location, and cost efficiencies in administering programs and activities related to field EMS, trauma care, and hospital emergency medical care. (iv) Establishment of a Federal focal point for leadership and improved coordination, support, and oversight of field EMS, trauma care and hospital emergency medical care. (v) Sufficient level and stature such that— (I) such Office is able to fulfill its role, responsibilities, and authorities; and (II) the Director of such Office reports directly to the Secretary or an official within the Department who reports directly to the Secretary. (vi) Establishment of a visible and identifiable point of contact with which the public; EMS agencies and practitioners; State and local government agencies; EMS educational institutions; EMS, trauma, and hospital emergency care professional associations; and all other parties may interact. (3) Responsibilities The Secretary of Health and Human Services shall, at a minimum, delegate responsibility to the Office of EMS and Trauma to carry out— (A) sections 5 and 6 (relating to the EQUIP and SPIA grant programs, respectively); (B) section 330J of the Public Health Service Act ( 42 U.S.C. 254c–15 ; relating to rural emergency service training and equipment assistance program); (C) part A ( 42 U.S.C. 300d et seq. ), part B (42 U.S.C. 300d–11 et seq.), part C ( 42 U.S.C. 300d–31 et seq. ), part D (42 U.S.C. 300d–41 et seq.), and part H ( 42 U.S.C. 300d–81 et seq. ) of title XII of the Public Health Service Act (relating to trauma care); (D) section 8 (relating to the field EMS education grant program); and (E) section 9 (relating to evaluating innovative models for access and delivery of field EMS for patients). (c) National EMS strategy The Secretary of Health and Human Services, acting through the Director of the Office of EMS and Trauma, and in consultation with the Assistant Secretary for Preparedness and Response and the Administrator of the Health Resources and Services Administration, shall develop and implement a cohesive national EMS strategy to strengthen the development of the full continuum of EMS at the Federal, State, and local levels. In establishing such a strategy, the Secretary shall— (1) solicit and consider the recommendations of the NEMSAC as well as relevant stakeholders; (2) consult and collaborate with FICEMS to ensure consistency of such national EMS strategy within the larger Federal strategy regarding all of emergency medical services and national preparedness and response; (3) address issues related to EMS patient and practitioner safety, standardization of EMS practitioner licensing and credentialing, field EMS quality and medical oversight, regionalization of field EMS and trauma and emergency care services, availability of field EMS and trauma care and emergency medical services throughout the Nation, and integration of field EMS practitioners into the broader health care system, including— (A) promotion of the adoption by States of the education standards identified in the Emergency Medical Services Education Agenda for the Future: A Systems Approach and any revisions thereto, including the standardization of licensing and credentialing of field EMS practitioners and standards of care, based on best practices and evidence-based medicine, including by— (i) the identification of differences in the levels of care, scope of practice, and licensure and credentialing requirements among the States; and (ii) the adoption by the States of national standards for such levels of care, scope of practice and licensure and credentialing requirements; (B) promotion of a culture of safety, including— (i) the adoption of an anonymous error reporting system designed to identify systemic problems in field EMS patient and practitioner safety and ensure a single means of collecting and reporting relevant error data by field EMS agencies and States; (ii) the establishment of field EMS patient and practitioner safety goals and the specific means to improve field EMS practitioner and patient safety to achieve such goals; and (iii) the adoption of more uniform national ambulance vehicle safety and manufacturing standards as developed by the National Fire Protection Administration or coordinated by NHTSA; (C) the integration and utilization of field EMS practitioners as part of the larger health care system including— (i) the potential utilization of field EMS practitioners for the provision of care to patients with nonemergent medical conditions; and (ii) strategies to implement the recommendations provided by the National Health Care Workforce Commission, pursuant to section 5101(d)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 294q(d)(2) ; and (D) such other issues as the Secretary considers appropriate; (4) incorporate into such strategy the preparedness and response objectives identified by the Secretary of Homeland Security and the Assistant Secretary for Preparedness and Response in order— (A) to ensure the capability and capacity of the full spectrum of EMS to respond to terrorist attacks, disasters, catastrophic events, and mass casualty events; and (B) to coordinate with the Secretary of Homeland Security accordingly; (5) complete the development of such strategy not later than 18 months after the date of enactment of this Act; (6) communicate such strategy to the relevant congressional committees of jurisdiction; (7) implement such strategy to the extent practical not later than 3 years after the date of enactment of this Act; and (8) update such strategy not less than every 3 years. (d) Statutory construction Nothing in this Act shall be construed to supercede any statutory authority of any Federal agency that is not within the Department of Health and Human Services. 5. Field EMS Excellence, Quality, Universal Access, Innovation, and Preparedness (a) In general The Director of the Office of EMS and Trauma (in this section referred to as the Director ), shall establish the EQUIP grant program— (1) to promote excellence in all aspects of the provision of field EMS by field EMS agencies; (2) to enhance the quality of emergency medical care provided to patients by field EMS practitioners through evidence-based, medically directed field emergency care; (3) to promote universal access to and availability of high-quality field EMS in all geographic locations of the Nation; (4) to spur innovation in the delivery of field EMS; and (5) to improve EMS agency readiness and preparedness for day-to-day emergency medical response. (b) Application (1) In general To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Director in such form and manner, that contains such agreements, assurances, and information as the Director determines to be reasonably necessary to carry out this section. (2) Simple form The Director shall ensure that grant application requirements are not unduly burdensome to smaller and volunteer field EMS agencies or other agencies with limited resources. (3) Consistency with preparation goals The Director shall ensure that grant applications are consistent with national and relevant State preparedness plans and goals. (c) Use of funds Grants may be used by eligible entities to— (1) sustain field EMS practitioners to ensure 24 hours a day, 7 days a week readiness and preparedness at the local level; (2) develop and implement initiatives related to delivery of medical services, including— (A) innovative clinical practices to improve the cost effectiveness and quality of care delivered to emergency patients in the field that results in improved patient outcomes and cost savings to the health system, including for high prevalence emergency medical conditions such as sudden cardiac arrest, STEMI, stroke, and trauma; and (B) delivery systems to improve patient outcomes, which may include implementing evidence-based protocols, interventions, systems, and technologies to reduce clinically meaningful response times; (3) purchase and implement— (A) medical equipment and training for using such equipment; (B) communication systems to ensure seamless and interoperable communications with other first responders; and (C) information systems to comply with NEMSIS data collection and integrate field emergency care with electronic medical records; (4) participate in federally sponsored field EMS research; (5) establish or enhance comprehensive medical oversight and quality assurance programs that include the active participation by medical directors in field EMS medical direction and educational programs; and (6) such other uses as the Director may establish. (d) Administration of grants In establishing and administering the EQUIP grant program, the Director— (1) shall establish a grantmaking process that includes— (A) prioritization for the awarding of grants to eligible entities and consideration of the factors in reviewing grant applications by eligible entities including— (i) demonstrated financial need for funding; (ii) utilization of public and private partnerships; (iii) enhanced access to high-quality field EMS in under served geographic areas; (iv) unique needs of volunteer and rural field EMS agencies; (v) distribution among a variety of geographic areas, including urban, suburban, and rural; (vi) distribution of funds among types of EMS agencies, including governmental, nongovernmental and volunteer; (vii) implementation of evidence-based interventions that improve quality of care, patient outcomes, efficiency, or cost effectiveness; and (viii) such other factors as the Director considers necessary; (B) a peer-reviewed process to recommend grant allocations in accordance with the prioritization established by the Director except that final award determinations shall be made by the Director; and (C) the provision of grant awards to eligible entities on an annual basis, except that the Director may reserve not more than 25 percent of the available appropriations for multiyear grants and no grant award may exceed a 2-year period; (2) shall consult with and take into consideration the recommendations of the Assistant Secretary for Preparedness and Response, FICEMS, NEMSAC and relevant stakeholders; (3) shall ensure that funds used for day-to-day preparedness activities are consistent and aligned with Federal preparedness priorities; and (4) may contract with an independent, third-party, nonprofit organization to administer the grant program if the Director establishes conflict-of-interest requirements as part of any such contractual relationship. (e) Eligibility Eligible grant recipients are field EMS agencies that— (1) are licensed by or otherwise authorized in the State in which they operate; and (2) have medical oversight and quality improvement programs as defined by the Director. (f) Annual report The Director shall submit an annual report on the EQUIP grant program under this section to the Congress. 6. Field EMS System Performance, Integration, and Accountability (a) In general The Director of the Office of EMS and Trauma (in this section referred to as the Director ) shall establish the SPIA grant program— (1) to improve field EMS system performance, integration and accountability; (2) to ensure preparedness for field EMS at the State and local levels; (3) to enhance physician medical oversight of field EMS systems; (4) to improve coordination between regional field EMS systems and integration of such regional field EMS systems into the larger health care system; (5) to enhance data collection and analysis to improve, on a continuing basis, the field EMS system; and (6) to promote standardization of national EMS certification of emergency medical technicians and paramedics. (b) Use of funds Grants may be used by eligible entities— (1) to enhance EMS system readiness and preparedness for day-to-day emergency medical response; (2) to improve cross-border collaboration and planning among States; and (3) to collect data with regard to— (A) NEMSIS; (B) field EMS education; (C) field EMS workforce; (D) cardiac events, including STEMI and sudden cardiac arrest; (E) stroke; (F) disasters, including injuries and illnesses; (G) ambulance diversion and patient parking; (H) trauma (in a manner that is complementary and not duplicative of other trauma data collection such as the National Trauma Data Bank); (I) data determined necessary by the State office of EMS for oversight and coordination of the State field EMS system; and (J) any other such data that the Director specifies; (4) to implement and evaluate system-wide quality improvement initiatives, including medical direction at the State, local, and regional levels; (5) to integrate field EMS with other health care services as part of a coordinated system of care provided to patients with emergency medical conditions to help ensure the right patient receives the right care by the right crew in the right vehicle and at the right medical facility in the right amount of time, including by enhancing regional emergency medical dispatch; (6) to incorporate national EMS certification for all levels of emergency medical technicians and paramedics; (7) to improve the State’s planning for ensuring a consistent, available EMS workforce; (8) to fund EMS regional and local oversight and planning organizations or develop regional systems of emergency medical care within the State to further enhance coordination and systemic development throughout the State; and (9) for such other uses as the Director may establish. (c) Administration of grants In establishing and administering the SPIA grant program, the Director shall— (1) establish State EMS system performance standards to serve as guidance to States in improving their EMS systems and in applying for grants under this subsection. In establishing such standards, the Director shall— (A) take into the consideration the recommendations of the Assistant Secretary for Preparedness and Response, FICEMS, NEMSAC, and relevant stakeholders; (B) include national, evidence-based guidelines; and (C) take into account the needs and resource limitations of volunteer, smaller agencies, and agencies in rural areas. (2) provide technical assistance to State EMS offices in conducting comprehensive EMS planning with regard to evidence-based workforce and development competencies for field EMS management; (3) allocate, within the available funds, SPIA grants to a maximum of one grant per applicant according to a formula based on population and geographic area, as determined by the Director, for a period not to exceed 2 years; and (4) require that States allocate a portion of their grant funds to regional and local oversight and planning EMS organizations within the State for the purpose of field EMS system development, maintenance, and improvement of coordination among regional organizations. (d) Application To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Director in such form and manner, that contains such agreements, assurances, and information as the Director determines to be reasonably necessary to carry out this section. (e) Eligibility The eligible entities for a grant under this section are the State EMS office in each of the several States, tribes, and territories. (f) Annual report The Director shall submit an annual report on the SPIA grant program under this section to the Congress. 7. Field EMS quality (a) Medical oversight (1) In general To improve medical oversight of field EMS and ensure continuity and quality for such medical oversight, the Director of the Office of EMS and Trauma (in this section referred to as the Director ) shall— (A) promote high-quality and comprehensive medical oversight of— (i) all medical care provided by field EMS practitioners; and (ii) the education and training of field EMS practitioners; (B) promote the development, adoption, and utilization of national guidelines for the roles of physicians who provide medical oversight for field EMS and other health care providers who support physicians in this role; (C) support efforts of relevant physician stakeholders in developing and disseminating guidelines for use by EMS medical directors and field EMS practitioners on a national basis; and (D) convene a Field EMS Medical Oversight Advisory Committee, comprised of representatives of relevant physician stakeholders, to advise the Director on ways and means to advance and support development and maintenance of quality medical oversight throughout the Nation's systems for field EMS. (2) Additional considerations In carrying out subparagraphs (B) and (C) of paragraph (1) (relating to supporting guidelines), the Director shall take into consideration— (A) existing guidelines developed by national professional physician associations, States, and other relevant governmental or nongovernmental entities; (B) the input of other relevant stakeholders, including health care providers who support physicians who provide medical oversight for field EMS; and (C) the unique needs associated with medical oversight of provision of field EMS in rural areas or by volunteers. (3) Flexibility The guidelines promoted under subparagraphs (B) and (C) of paragraph (1) shall ensure high-quality training, credentialing, and direction in connection with medical oversight of field EMS at the State, regional, and local levels while providing sufficient flexibility to account for historical and legitimate differences in field EMS among States, regions, and localities. (4) Required use of guidelines As a condition on receipt of a grant under section 5 or 6, the Director shall require the grant recipient to adopt and implement (to the extent applicable) the guidelines promoted under subparagraphs (B) and (C) of paragraph (1). (b) GAO study and report (1) In general The Comptroller General of the United States shall complete a study on— (A) medical and administrative liability issues that may impede— (i) medical direction provided by physicians directly regarding specific patients or medical oversight provided by physicians in establishing medical protocols, procedures, and other activities related to the provision of emergency medical care in field EMS; or (ii) the highest quality emergency medical care in field EMS provided by personnel other than physicians such as emergency medical technicians and paramedics; (B) reimbursement for any component of medical oversight; and (C) such other issues as the Comptroller General deems appropriate relating to improving the quality and medical oversight of emergency medical care in field EMS. (2) Report to Congress Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall complete the study under paragraph (1) and submit a report to the Congress on the results of such study, including any recommendations. (c) Data collection and exchange (1) National EMS information system (A) In general The Administrator of NHTSA may maintain, improve, and expand the National EMS Information System, including the National EMS Database. (B) Consultation The Administrator of NHTSA shall carry out this paragraph in consultation with the Director. (C) Standardization In carrying out subparagraph (A), the Administrator of NHTSA shall promote the collection and reporting of data on field EMS in a standardized manner. (D) Availability of data The Administrator of NHTSA shall ensure that information in the National EMS Database (other than individually identifiable information) is available to Federal and State policymakers, EMS stakeholders, and researchers. (E) Technical assistance In carrying out subparagraph (A), the Administrator of NHTSA may provide technical assistance to State and local agencies, field EMS agencies, and other entities deemed appropriate by the Administrator to assist in the collection, analysis, and reporting of data. (2) Report on data gaps (A) In general Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director, in consultation with the Administrator of NHTSA, shall submit to the Congress a report that— (i) identifies gaps in the collection of data related to the provision of field EMS; and (ii) includes recommendations for improving the collection, reporting, and analysis of such data. (B) Recommendations The recommendations required by subparagraph (A)(ii) shall— (i) take into consideration the recommendations of FICEMS and NEMSAC and relevant stakeholders; (ii) recommend methods for improving data collection and reporting and analysis without unduly burdening reporting entities and without duplicating existing data sources (such as data collected by the National Trauma Data Bank); (iii) address the quality and availability of data, and linkages with existing patient registries, related to the provision of field EMS and utilization of field EMS with respect to a variety of illnesses and injuries (in both the everyday provision of field EMS and catastrophic or disaster response) including— (I) cardiac events such as chest pain, sudden cardiac arrest, and STEMI; (II) stroke; (III) trauma; (IV) disaster and catastrophic incidents, such as incidents related to terrorism or natural or manmade disasters; and (V) ambulance diversion and patient parking; and (iv) include an analysis of the variety of services provided by field EMS agencies. (3) Report on data integration to promote quality of care Not later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the head of the Office of the National Coordinator for Health Information Technology, in collaboration with the Director of the Office of EMS and Trauma, FICEMS, and the Administrator of NHTSA as appropriate, and taking into consideration input from relevant stakeholders, shall submit a report (including recommendations) on issues, impediments, and potential solutions pertaining to the following objectives: (A) Incorporation of field EMS patient care reports into patient electronic health records, taking into consideration— (i) the extent to which field EMS patient care reports are presently created in electronic format and the potential for elements of such reports to be incorporated into patient electronic health records; (ii) the data elements of field EMS patient care reports that would promote quality and efficiency of care if incorporated into patient electronic health records; (iii) potential modifications to the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act or other Federal health programs (including potential modifications to the HITECH Act (title XIII of division A of Public Law 111–5 ) including modifications to the entities included as eligible for incentive payments under section 1848(o), 1853(l) (to the extent that such section 1848(o) is applied), or 1903(t) of the Social Security Act, criteria for certified EHR technology for purposes of such sections, and objectives and measures for determining meaningful use of such technology for purposes of such sections) to provide appropriate reimbursement and financial incentives for EMS agencies— (I) to maintain field EMS patient care reports in a structured electronic format; and (II) to otherwise adopt and use electronic health records; and (iv) potential modifications to the HITECH Act to provide incentives to eligible hospitals under section 1886(n), 1853(m) (to the extent that such section 1886(n) is applied), or section 1814(l)(3) of the Social Security Act to incorporate appropriate data elements of field EMS patient care reports into patient electronic health records. (B) Incorporation of patient health information created subsequent to the receipt of field EMS emergency care into NEMSIS, taking into consideration— (i) what types of medical information created subsequent to the receipt of field EMS emergency care (such as outcomes information or information regarding subsequent care and treatment) would, if included in NEMSIS, be potentially useful in evaluating and improving the quality of EMS care; (ii) how best to integrate such information into NEMSIS; (iii) potential modifications to the HITECH Act to require eligible hospitals, as defined in section 1886(n)(6)(B) of the Social Security Act, for purposes of incentive payments under 1886(b)(3)(B)(ix) and 1886(n) of such Act, to develop or report relevant data to NEMSIS or other appropriate State or private registries; and (iv) potential modifications to the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act or other Federal health programs to provide appropriate reimbursement and financial incentives for field EMS agencies to develop or report relevant data to NEMSIS or other appropriate State or private registries. (d) Clarification of HIPAA (1) Exchange of information related to the treatment of patients (A) In general Nothing in HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act ( 42 U.S.C. 300jj–19(a)(2) ) shall be construed as prohibiting the exchange of information between field EMS practitioners treating an individual and personnel of a hospital to which the individual is transported for the purposes of relating information on the medical history, treatment, care, and outcome of such individual (including any health care personnel safety issues such as infectious disease). (B) Guidelines The Secretary of Health and Human Services shall establish guidelines for exchanges of information between field EMS practitioners treating an individual and personnel of a hospital to which the individual is transported to protect the privacy of the individual while ensuring the ability of such EMS practitioners and hospital personnel to communicate effectively to further the continuity and quality of emergency medical care provided to such individual. (2) NEMSIS data Nothing in HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act ( 42 U.S.C. 300jj–19(a)(2) ) shall be construed as prohibiting— (A) a field EMS agency from submitting EMS data to the State EMS Office for the purpose of quality improvement and data collection by the State for submission to NEMSIS; or (B) the State EMS Office from submitting aggregated nonindividually identifiable EMS data to the National EMS Database maintained by NHTSA. 8. Field EMS education grants (a) In general For the purpose of promoting field EMS as a health profession and ensuring the availability, quality, and capability of field EMS educators, practitioners, and medical directors, the Director of the Office of EMS and Trauma (in this section referred to as the Director ) may make grants to eligible entities for the development, availability, and dissemination of field EMS education programs and courses that improve the quality and capability of field EMS personnel. In carrying out this section, the Director shall take into consideration input from the Administrator of NHTSA, FICEMS, NEMSAC, the National Health Care Workforce Commission established under section 5101 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 294q ), and relevant stakeholders. (b) Eligibility In this section, the term eligible entity means an educational organization, an educational institution, a professional association, and any other entity involved with the education of field EMS practitioners. (c) Use of funds The Director may award a grant to an eligible entity under paragraph (1) only if the entity agrees to use the grant to— (1) develop and implement education programs that— (A) train field EMS trainers and promote the adoption and implementation of the education standards identified in the Emergency Medical Services Education Agenda for the Future: A Systems Approach including any revisions thereto; (B) bridge the gap in knowledge and skills in field EMS and among field EMS and other allied health professions to develop a larger cadre of educational instructors and build a stronger and more flexible field EMS practitioner corps; or (C) provide training and retraining programs to provide displaced workers the opportunity to enter a field EMS profession; (2) develop and implement educational courses pertaining to— (A) instructor courses; (B) provision of medical direction of field EMS; (C) field EMS practitioners, including physicians, emergency medical technicians, paramedics, nurses, and other relevant clinicians providing emergency medical care in the field; (D) field EMS educational and clinical research; (E) bridge programs among field EMS, nursing, and other allied health professions; (F) field EMS management; (G) national, evidence-based guidelines; and (H) translation of the lessons learned in military medicine to field EMS; (3) evaluate education and training courses and methodologies to identify optimal educational modalities for field EMS practitioners; (4) improve the field EMS education infrastructure by increasing the number of field EMS instructors and the quality of their preparation by improving, enhancing, and modernizing the dissemination of EMS education, including distance learning, and by establishing quality improvement for EMS education programs; (5) enhance the opportunity for medical direction training and for promoting appropriate medical oversight of field emergency medical care; (6) improve systems to design, implement, and evaluate education for prospective and current field EMS providers; or (7) carrying out such other activities as the Director may identify. (d) Priority The Director, in consultation with NHTSA and relevant stakeholders, and taking into consideration the recommendations of FICEMS and NEMSAC, shall establish a system of prioritization in awarding grants under this section to eligible entities. (e) Duration of grants Grants under this section shall be for a period of 1 to 3 years. (f) Application The Director may not award a grant to an eligible entity under this section unless the entity submits an application to the Director in such form, in such manner, and containing such agreements, assurances, and information as the Director may require. The Director shall ensure that the requirements for submitting an application under this section are not unduly burdensome. 9. Evaluating innovative models for access and delivery of field EMS for patients (a) Evaluation (1) In general Not later than 1 year after the date of the enactment of this Act, the Director of the Office of EMS and Trauma, in consultation with the Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the Director ), and taking into consideration the recommendations of NEMSAC and FICEMS, shall complete an evaluation of— (A) the provision of and reimbursement for alternative delivery models for medical care through field EMS; and (B) the integration of field EMS patients with other medical providers and facilities as medically appropriate. (2) Specific issues The evaluation under paragraph (1) shall consider each of the following: (A) Alternative dispositions of patients, including— (i) transporting patients by ambulance to destinations other than a hospital such as the office of the patient’s physician, an urgent care center, or the facilities of another health care provider; (ii) when medically necessary, the evaluation, treatment, or referral of patients to other medically appropriate health care providers; and (iii) the funding of the provision of medical care regardless of the decision to transport such as reimbursement models based on readiness rather than transport and shared savings. (B) Issues related to medical liability and the requirements of section 1867 of the Social Security Act ( 42 U.S.C. 1395dd ; commonly referred to as EMTALA ) associated with transport to destinations other than a hospital emergency department. (C) Necessary protections to ensure that patients receive timely and appropriate care in the appropriate setting. (D) Whether there are any barriers to providing alternate dispositions to patients who are not in need of care in hospital emergency departments. (E) Other issues determined by the Director, including, when possible, issues recommended by FICEMS or NEMSAC for evaluation under this subsection. (b) Demonstration projects (1) In general Beginning not later than 1 year after the date of the enactment of this Act, the Director shall conduct or support at least 10 demonstration projects to— (A) evaluate the implementation and reimbursement of alternative dispositions of field EMS patients, including— (i) transporting patients by ambulance to alternate destinations when medically appropriate and in the patients’ best interests; and (ii) when medically necessary, evaluating, treating, or referring patients to other medically appropriate providers; (B) evaluate the implementation of reimbursement models based on readiness rather than transport or shared savings; and (C) determine whether such alternative dispositions and reimbursement models— (i) improve the safety, effectiveness, timeliness, and efficiency of EMS; and (ii) reduce overall utilization and expenditures under the Medicare program under title XVIII of the Social Security Act. (2) Evidence-based protocols The Director shall ensure that at least one demonstration project under paragraph (1) evaluates evidence-based protocols that give guidance on selection of the destination to which patients are transported. (3) Duration The period of a demonstration project under paragraph (1) shall not exceed 36 months. (4) Research If the Director determines that further research is necessary prior to or in conjunction with the demonstration projects under this subsection in order to evaluation the implementation of alternative dispositions of field EMS patients, the Director shall conduct or support such research. (5) Authorization of appropriations Of the amount made available to carry out section 1115A of the Social Security Act (42 U.S.C. 1315a) for a fiscal year, there are authorized to be appropriated such sums as may be necessary to carry out this subsection. (c) Report to Congress Not later than 1 year after the completion of all demonstration projects under subsection (b), the Director shall submit to the Congress a report on the results of activities under this section, including recommendations on the efficacy of alternative dispositions of field EMS patients. 10. Enhancing research in field EMS (a) Models To be tested by Center for Medicare and Medicaid Innovation Section 1115A(b)(2)(B) of title XI of the Social Security Act ( 42 U.S.C. 1315a(b)(2)(B) ) is amended by adding at the end the following: (xxi) Enhancing health outcomes for patients receiving field emergency medical services and improving timely and efficient delivery of high-quality field emergency medical services, such as through— (I) regionalization of emergency care; (II) medical transport to alternate destinations; or (III) when medically necessary, the evaluation, treatment, or referral of patients to other medically appropriate health providers. . (b) Emergency medical research Section 498D of the Public Health Service Act ( 42 U.S.C. 289g–4 ) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Field EMS emergency medical research The Secretary shall conduct research and evaluation relating to field EMS through the Agency for Healthcare Research and Quality and the Center for Medicare and Medicaid Innovation. . (c) Field EMS practice center Subpart II of part D of title IX of the Public Health Service Act ( 42 U.S.C. 299b–33 et seq. ) is amended by adding at the end the following: 938. Field EMS practice center (a) Establishment For the purpose described in subsection (b), the Director shall establish within the Office of Research and Evaluation a Field EMS Evidence-Based Practice Center. (b) Purpose The purpose of the Center is to conduct or support research to promote the highest quality of emergency medical care in field EMS and the most effective delivery system for the provision of such care. Research conducted or supported pursuant to the preceding sentence shall include— (1) comparative safety and effectiveness research; (2) other appropriate clinical or systems research; and (3) research addressing— (A) critical care transport; (B) off-shore operations; (C) tactical emergency medical services; (D) air medical services; and (E) the application of lessons learned in military field medicine in the delivery of emergency medical care in field EMS. (c) Definition In this section: (1) The term Center means the Field EMS Evidence-Based Practice Center established under subsection (a). (2) The term field EMS has the meaning given to such term in section 3 of the Field EMS Quality, Innovation, and Cost Effectiveness Improvements Act of 2013 . . (d) Limitations on certain uses of research Section 1182 of the Social Security Act ( 42 U.S.C. 1320e–1 ) is amended by striking section 1181 each place it appears and inserting section 1181 of this Act or section 498D(c) or 938 of the Public Health Service Act . (e) Regulatory barriers For the purposes of research conducted pursuant to this section or any other research funded by the Department of Health and Human Services related to emergency medical services in the field in which informed consent is required but may not be attainable, the Secretary of Health and Human Services shall— (1) evaluate and consider the patient and research issues involved; and (2) address regulatory barriers to such research related to the need for informed consent in a manner that ensures adequate patient safety and notification, and submit recommendations to Congress for any changes to Federal statutes necessary to address such barriers. 11. Emergency Medical Services Trust Fund (a) Designation of income tax overpayments and additional contributions for emergency medical services Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: IX Designation of income tax overpayments and additional contributions for emergency medical services 6097. Designation by individuals (a) In general Every individual (other than a nonresident alien)— (1) may designate that a specified portion of any overpayment of tax for a taxable year, and (2) may designate that an amount in addition to any payment of tax for such taxable year and any designation under paragraph (1), shall be used to fund the Emergency Medical Services Trust Fund. Designations under the preceding sentence shall be in an amount not less than $1 and the Secretary shall provide for elections in amounts of $1, $5, $10, or such other amount as the taxpayer designates. (b) Adjusted income tax liability For purposes of this section, the term adjusted income tax liability means income tax liability (as defined in section 6096(b)) reduced by any amount designated under section 6096 (relating to designation of income tax payments to Presidential Election Campaign Fund). (c) Overpayments Treated as Refunded For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as— (1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and (2) a contribution made by such taxpayer on such date to the United States. (d) Manner and time of designation A designation under subsection (a) may be made with respect to any taxable year— (1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or (2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the signature of the taxpayer. . (b) Emergency Medical Services Trust Fund Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Emergency Medical Services Trust Fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Emergency Medical Services Trust Fund , consisting of such amounts as may be credited or paid to such trust fund as provided in section 6097. (b) Transfers to trust fund There are hereby appropriated to the Emergency Medical Services Trust Fund amounts equivalent to the amounts of the overpayments of tax to which designations under section 6097 apply. (c) Expenditures from trust fund Amounts in the Emergency Medical Services Trust Fund shall be available, as provided in appropriation Acts, only for carrying out the provisions for which amounts are authorized to be appropriated under subsections (a) and (b) of section 12 of the Field EMS Quality, Innovation, and Cost Effectiveness Improvements Act of 2013 . . (c) Clerical amendments (1) Clerical amendment The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Part IX. Designation of income tax overpayments and additional contributions for emergency medical services. . (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Emergency Medical Services Trust Fund. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 12. Authorization of appropriations (a) In general Out of amounts in the Emergency Medical Services Trust Fund, there are authorized to be appropriated— (1) $12,000,000 shall be for carrying out sections 4 (excluding the provisions of law listed in subsection (b)(3) of such section), 7, 9(a), 9(c), and 11 of this Act for each of fiscal years 2014 through 2017; (2) $200,000,000 shall be for carrying out section 5 of this Act for each of fiscal years 2014 through 2017; (3) $50,000,000 shall be for carrying out section 6 of this Act for each of fiscal years 2014 through 2017; (4) $4,000,000 shall be for carrying out section 7(c)(1) of this Act for each of fiscal years 2014 through 2017; (5) $15,000,000 shall be for carrying out section 8 of this Act for each of fiscal years 2014 through 2017; and (6) $40,000,000 shall be for carrying out sections 498D(c) and 938 of the Public Health Service Act, as added by subsections (b) and (c) of section 10 of this Act, for each of fiscal years 2014 through 2017. (b) Excess amounts If, for any fiscal year, amounts in the Emergency Medical Services Trust Fund exceed the maximum amount authorized to be appropriated under subsection (a), such excess amounts are authorized to be appropriated to carry out section 330J, section 498D, and parts A, B, C, D, and H of title XII of the Public Health Service Act (42 U.S.C. 254c–15, 289g–4, 300d et seq., 300d–11 et seq., 300d–31 et seq., and 300d–81 et seq.). (c) Start-Up funding (1) In general Out of the discretionary funds available to the Secretary of Health and Human Services for each of fiscal years 2014 and 2015, $40,000,000 shall be for carrying out the provisions listed in subsection (a) or (b). (2) Relation to other funds The amount of discretionary funds allocated under paragraph (1) for the purpose of carrying out the provisions listed in subsection (a) or (b) shall be in addition to, not in lieu of, the amount of discretionary funds that would otherwise be available for such purpose. (d) Administrative expenses Of the amounts made available under subsection (a), (b), or (c) to carry out each of the provisions listed in subsection (a), not more than 5 percent of each such amount may be used for Federal administrative expenses."}}},{"rowIdx":1536,"cells":{"tv_id":{"kind":"string","value":"113-hr-810-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-810"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":810,"string":"810"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr810ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr810ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:47.483"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 810 IH: To grant the Secretary of Defense the authority to transfer funding under a continuing resolution, and for other purposes.\n \n \n U.S. House of Representatives\n \n \n 2013-02-25\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Findings\n \n \n Congress finds the following:\n \n \n \n (1)\n \n \n On September 14, 2010, Secretary of Defense\n\t\t\t Robert M. Gates outlined an efficiencies initiative relating to contracting for\n\t\t\t goods and services by the Department of Defense, designed to save the\n\t\t\t Department $100 billion over the next five years.\n \n \n \n \n (2)\n \n \n On January 26,\n\t\t\t 2012, Secretary of Defense Leon Panetta announced that the Department of\n\t\t\t Defense was on the path to save $259 billion over the next 5 years and $487\n\t\t\t billion over the next 10. Secretary Panetta called the budget\n \n \n \n \n (3)\n \n \n On February 13,\n\t\t\t 2012, Assistant Secretary of Defense Ashton Carter, along with the Joint Chiefs\n\t\t\t of Staff, testified to the House Armed Services Committee that, if limitations\n\t\t\t on the transfer of funds were lifted in the Continuing Appropriations\n\t\t\t Resolution (\n \n Public Law 112–175\n \n ), significant shortfalls in the Operations &\n\t\t\t Maintenance accounts of their respective services could be alleviated.\n \n \n \n \n \n 2.\n \n \n Report from\n\t\t\t Secretary of Defense to Congress\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n Not later than 30\n\t\t\t days after the date of enactment of this Act, the Secretary shall submit to the\n\t\t\t congressional defense committees a report containing the following:\n \n \n \n (1)\n \n \n A detailed outline of—\n \n \n \n (A)\n \n \n the efficiencies\n\t\t\t initiative announced by the Secretary on September 14, 2010, relating to\n\t\t\t contracting for goods and services by the Department of Defense; and\n \n \n \n \n (B)\n \n \n the budget\n\t\t\t initiate announced by the Secretary on January 26, 2012.\n \n \n \n \n \n (2)\n \n \n A detailed accounting of how the\n\t\t\t initiatives described in paragraph (1) are being used to conform with the\n\t\t\t discretionary spending limit for the security category in fiscal year 2013 in\n\t\t\t section 251(c)(2)(A) of the Balanced Budget and Emergency Deficit Control Act\n\t\t\t of 1985.\n \n \n \n \n (3)\n \n \n A detailed accounting of how the\n\t\t\t initiatives described in paragraph (1) will be used to conform with the\n\t\t\t discretionary spending limit for the security category for each of fiscal years\n\t\t\t 2014 through 2021 in section 251(c)(2) of such Act.\n \n \n \n \n \n (b)\n \n \n Coordination\n \n \n For purposes of providing the information\n\t\t\t required under subsections (a)(2) and (a)(3), the Secretary shall coordinate\n\t\t\t with the heads of the other agencies covered by the security category.\n \n \n \n \n \n 3.\n \n \n Transfer\n\t\t\t authority for Department of Defense under a continuing resolution\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n The Secretary may\n\t\t\t transfer amounts made available to the Department of Defense by a continuing\n\t\t\t resolution among accounts of the Department of Defense\n \n \n \n \n (b)\n \n \n Limitation\n \n \n In the event of a transfer under subsection\n\t\t\t (a), the total amount in any account of the Department of Defense that is\n\t\t\t available for obligation in fiscal year 2013 may not exceed the amount\n\t\t\t authorized to be appropriated for the account for fiscal year 2013 by\n\t\t\t applicable provisions of the National Defense Authorization Act for Fiscal Year\n\t\t\t 2013 (\n \n Public Law 112–239\n \n ).\n \n \n \n \n (c)\n \n \n Subsequent\n\t\t\t appropriations Act\n \n \n In the event that a regular appropriations Act\n\t\t\t for the Department of Defense is enacted for fiscal year 2013, the transfer\n\t\t\t authority provided under this section shall have no force or effect.\n \n \n \n \n (d)\n \n \n Notice to\n\t\t\t Congress\n \n \n Not later than 15 days before any transfer under\n\t\t\t subsection (a), the Secretary shall submit to the congressional defense\n\t\t\t committees a report setting forth a description of the transfer, including the\n\t\t\t amount of the transfer and the accounts from and to which the funds were\n\t\t\t transferred.\n \n \n \n \n (e)\n \n \n Transfer subject\n\t\t\t to notification requirements\n \n \n In addition to the notice required\n\t\t\t under subsection (d), a transfer under subsection (a) shall be subject to the\n\t\t\t applicable notification requirements for reprogramming in division A of Public\n\t\t\t Law 112–74.\n \n \n \n \n \n 4.\n \n \n Definitions\n \n \n In this Act—\n \n \n \n (1)\n \n \n the term\n \n congressional defense committees\n \n has the meaning given that term\n\t\t\t in\n \n section 101(a)(16)\n \n of title 10, United States Code;\n \n \n \n \n (2)\n \n \n the term\n \n Secretary\n \n means the Secretary of Defense; and\n \n \n \n \n (3)\n \n \n the term\n \n security category\n \n has the meaning given that term in section\n\t\t\t 250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 810 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Ms. Hanabusa introduced the following bill; which was referred to the Committee on Appropriations , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To grant the Secretary of Defense the authority to transfer funding under a continuing resolution, and for other purposes.\n\n1. Findings Congress finds the following: (1) On September 14, 2010, Secretary of Defense Robert M. Gates outlined an efficiencies initiative relating to contracting for goods and services by the Department of Defense, designed to save the Department $100 billion over the next five years. (2) On January 26, 2012, Secretary of Defense Leon Panetta announced that the Department of Defense was on the path to save $259 billion over the next 5 years and $487 billion over the next 10. Secretary Panetta called the budget a balanced, complete package that keeps the American military the preeminent force in the world. (3) On February 13, 2012, Assistant Secretary of Defense Ashton Carter, along with the Joint Chiefs of Staff, testified to the House Armed Services Committee that, if limitations on the transfer of funds were lifted in the Continuing Appropriations Resolution ( Public Law 112–175 ), significant shortfalls in the Operations & Maintenance accounts of their respective services could be alleviated. 2. Report from Secretary of Defense to Congress (a) In general Not later than 30 days after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the following: (1) A detailed outline of— (A) the efficiencies initiative announced by the Secretary on September 14, 2010, relating to contracting for goods and services by the Department of Defense; and (B) the budget initiate announced by the Secretary on January 26, 2012. (2) A detailed accounting of how the initiatives described in paragraph (1) are being used to conform with the discretionary spending limit for the security category in fiscal year 2013 in section 251(c)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. (3) A detailed accounting of how the initiatives described in paragraph (1) will be used to conform with the discretionary spending limit for the security category for each of fiscal years 2014 through 2021 in section 251(c)(2) of such Act. (b) Coordination For purposes of providing the information required under subsections (a)(2) and (a)(3), the Secretary shall coordinate with the heads of the other agencies covered by the security category. 3. Transfer authority for Department of Defense under a continuing resolution (a) In general The Secretary may transfer amounts made available to the Department of Defense by a continuing resolution among accounts of the Department of Defense (b) Limitation In the event of a transfer under subsection (a), the total amount in any account of the Department of Defense that is available for obligation in fiscal year 2013 may not exceed the amount authorized to be appropriated for the account for fiscal year 2013 by applicable provisions of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ). (c) Subsequent appropriations Act In the event that a regular appropriations Act for the Department of Defense is enacted for fiscal year 2013, the transfer authority provided under this section shall have no force or effect. (d) Notice to Congress Not later than 15 days before any transfer under subsection (a), the Secretary shall submit to the congressional defense committees a report setting forth a description of the transfer, including the amount of the transfer and the accounts from and to which the funds were transferred. (e) Transfer subject to notification requirements In addition to the notice required under subsection (d), a transfer under subsection (a) shall be subject to the applicable notification requirements for reprogramming in division A of Public Law 112–74. 4. Definitions In this Act— (1) the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code; (2) the term Secretary means the Secretary of Defense; and (3) the term security category has the meaning given that term in section 250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985."}}},{"rowIdx":1537,"cells":{"tv_id":{"kind":"string","value":"113-hr-811-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-811"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":811,"string":"811"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr811ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr811ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:47.594"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 811 IH: Never Forget 9/11 Heroes Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-25\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Amendment to\n\t\t\t exempt programs\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n Section 255(g)(1)(B)\n\t\t\t of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.\n\t\t\t 905(g)(1)(B)) is amended by—\n \n \n \n (1)\n \n \n inserting after the item relating to\n\t\t\t Retirement Pay and Medical Benefits for Commissioned Officers, Public Health\n\t\t\t Service the following:\n \n \n \n \n September\n\t\t\t\t11th Victim Compensation Fund\n\t\t\t\t(15–0340–0–1–754).\n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (2)\n \n \n inserting after\n\t\t\t the item relating to the Voluntary Separation Incentive Fund the\n\t\t\t following:\n \n \n \n \n World Trade\n\t\t\t\tCenter Health Program Fund\n\t\t\t\t(75–0946–0–1–551).\n \n \n \n .\n \n \n \n \n \n \n (b)\n \n \n Fiscal year\n\t\t\t 2014\n \n \n If the amendment made by subsection (a) takes effect after\n\t\t\t the date the President has issued the final sequester order for fiscal year\n\t\t\t 2014, the President shall revise the order to account for the amendment and\n\t\t\t issue a new order.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 811 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. King of New York (for himself, Mrs. Carolyn B. Maloney of New York , and Mr. Nadler ) introduced the following bill; which was referred to the Committee on the Budget A BILL To add the 9/11 Health and Compensation Programs to the list of exempt programs under PAYGO.\n\n1. Short title This Act may be cited as the Never Forget 9/11 Heroes Act . 2. Amendment to exempt programs (a) In general Section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)) is amended by— (1) inserting after the item relating to Retirement Pay and Medical Benefits for Commissioned Officers, Public Health Service the following: September 11th Victim Compensation Fund (15–0340–0–1–754). ; and (2) inserting after the item relating to the Voluntary Separation Incentive Fund the following: World Trade Center Health Program Fund (75–0946–0–1–551). . (b) Fiscal year 2014 If the amendment made by subsection (a) takes effect after the date the President has issued the final sequester order for fiscal year 2014, the President shall revise the order to account for the amendment and issue a new order."}}},{"rowIdx":1538,"cells":{"tv_id":{"kind":"string","value":"113-hr-812-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-812"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":812,"string":"812"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr812ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr812ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:46.396"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 812 IH: Campus Sexual Violence Elimination Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-25\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Campus sexual violence, domestic violence,\n\t\t\t dating violence, and stalking education and prevention\n \n \n \n (a)\n \n \n In general\n \n \n Section 485(f) of the Higher Education Act\n\t\t\t of 1965 (\n \n 20 U.S.C. 1092(f)\n \n ) is amended—\n \n \n \n (1)\n \n \n in paragraph (1)—\n \n \n \n (A)\n \n \n in subparagraph (C)(iii), by striking the\n\t\t\t period at the end and inserting\n \n \n \n \n (B)\n \n \n in subparagraph (F)—\n \n \n \n (i)\n \n \n in clause (i)(VIII), by striking\n \n \n \n \n (ii)\n \n \n in clause (ii)—\n \n \n \n (I)\n \n \n by striking\n \n \n \n \n (II)\n \n \n by striking the period and inserting\n \n \n \n \n \n (iii)\n \n \n by adding at the end the following:\n \n \n \n \n (iii)\n \n \n of domestic violence, dating violence, and\n\t\t\t\tstalking incidents that were reported to campus security authorities or local\n\t\t\t\tpolice\n\t\t\t\tagencies.\n \n \n \n ;\n \n \n \n \n \n \n \n (2)\n \n \n in paragraph (3), by inserting\n \n \n \n \n (3)\n \n \n in paragraph (6)(A)—\n \n \n \n (A)\n \n \n by redesignating clauses (i), (ii), and\n\t\t\t (iii) as clauses (ii), (iii), and (iv), respectively;\n \n \n \n \n (B)\n \n \n by inserting before clause (ii), as\n\t\t\t redesignated by subparagraph (A), the following:\n \n \n \n \n (i)\n \n \n The terms\n \n dating violence\n \n ,\n \n domestic violence\n \n , and\n \n stalking\n \n have the meaning\n\t\t\t\tgiven such terms in section 40002(a) of the Violence Against Women Act of 1994\n\t\t\t\t(\n \n 42 U.S.C. 13925(a)\n \n ).\n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (C)\n \n \n by inserting after clause (iv), as\n\t\t\t redesignated by subparagraph (A), the following:\n \n \n \n \n (v)\n \n \n The term\n \n sexual assault\n \n means\n\t\t\t\tan offense classified as a forcible or nonforcible sex offense under the\n\t\t\t\tuniform crime reporting system of the Federal Bureau of\n\t\t\t\tInvestigation.\n \n \n \n ;\n \n \n \n \n \n \n (4)\n \n \n in paragraph (7)—\n \n \n \n (A)\n \n \n by striking\n \n \n \n \n (B)\n \n \n by inserting after\n \n \n \n \n \n (5)\n \n \n by striking paragraph (8) and inserting the\n\t\t\t following:\n \n \n \n \n (8)\n \n \n \n (A)\n \n \n Each institution of higher education\n\t\t\t\tparticipating in any program under this title, other than a foreign institution\n\t\t\t\tof higher education, shall develop and distribute as part of the report\n\t\t\t\tdescribed in paragraph (1) a statement of policy regarding—\n \n \n \n (i)\n \n \n such institution’s programs to prevent\n\t\t\t\tdomestic violence, dating violence, sexual assault, and stalking; and\n \n \n \n \n (ii)\n \n \n the procedures that such institution will\n\t\t\t\tfollow once an incident of domestic violence, dating violence, sexual assault,\n\t\t\t\tor stalking has been reported, including a statement of the standard of\n\t\t\t\tevidence that will be used during any institutional conduct proceeding arising\n\t\t\t\tfrom such a report.\n \n \n \n \n \n (B)\n \n \n The policy described in\n \n subparagraph (A)\n \n shall address the\n\t\t\t\tfollowing areas:\n \n \n \n (i)\n \n \n Education programs to promote the awareness\n\t\t\t\tof rape, acquaintance rape, domestic violence, dating violence, sexual assault,\n\t\t\t\tand stalking, which shall include—\n \n \n \n (I)\n \n \n primary prevention and awareness programs\n\t\t\t\tfor all incoming students and new employees, which shall include—\n \n - \n
\n (aa)\n \n \n a statement that the institution of higher\n\t\t\t\teducation prohibits the offenses of domestic violence, dating violence, sexual\n\t\t\t\tassault, and stalking;\n \n \n - \n
\n (bb)\n \n \n the definition of domestic violence, dating\n\t\t\t\tviolence, sexual assault, and stalking in the applicable jurisdiction;\n \n \n - \n
\n (cc)\n \n \n the definition of consent, in reference to\n\t\t\t\tsexual activity, in the applicable jurisdiction;\n \n \n - \n
\n (dd)\n \n \n safe and positive options for bystander\n\t\t\t\tintervention that may be carried out by an individual to prevent harm or\n\t\t\t\tintervene when there is a risk of domestic violence, dating violence, sexual\n\t\t\t\tassault, or stalking against a person other than such individual;\n \n \n - \n
\n (ee)\n \n \n information on risk reduction to recognize\n\t\t\t\twarning signs of abusive behavior and how to avoid potential attacks;\n\t\t\t\tand\n \n \n - \n
\n (ff)\n \n \n the information described in clauses (ii)\n\t\t\t\tthrough (vii); and\n \n \n \n \n \n (II)\n \n \n ongoing prevention and awareness campaigns\n\t\t\t\tfor students and faculty, including information described in items (aa) through\n\t\t\t\t(ff) of\n \n subclause (I)\n \n .\n \n \n \n \n \n (ii)\n \n \n Possible sanctions or protective measures\n\t\t\t\tthat such institution may impose following a final determination of an\n\t\t\t\tinstitutional disciplinary procedure regarding rape, acquaintance rape,\n\t\t\t\tdomestic violence, dating violence, sexual assault, or stalking.\n \n \n \n \n (iii)\n \n \n Procedures victims should follow if a sex\n\t\t\t\toffense, domestic violence, dating violence, sexual assault, or stalking has\n\t\t\t\toccurred, including information in writing about—\n \n \n \n (I)\n \n \n the importance of preserving evidence as\n\t\t\t\tmay be necessary to the proof of criminal domestic violence, dating violence,\n\t\t\t\tsexual assault, or stalking, or in obtaining a protection order;\n \n \n \n \n (II)\n \n \n to whom the alleged offense should be\n\t\t\t\treported;\n \n \n \n \n (III)\n \n \n options regarding law enforcement and\n\t\t\t\tcampus authorities, including notification of the victim's option to—\n \n - \n
\n (aa)\n \n \n notify proper law enforcement authorities,\n\t\t\t\tincluding on-campus and local police;\n \n \n - \n
\n (bb)\n \n \n be assisted by campus authorities in\n\t\t\t\tnotifying law enforcement authorities if the victim so chooses; and\n \n \n - \n
\n (cc)\n \n \n decline to notify such authorities;\n\t\t\t\tand\n \n \n \n \n \n (IV)\n \n \n where applicable, the rights of victims and\n\t\t\t\tthe institution's responsibilities regarding orders of protection, no contact\n\t\t\t\torders, restraining orders, or similar lawful orders issued by a criminal,\n\t\t\t\tcivil, or tribal court.\n \n \n \n \n \n (iv)\n \n \n Procedures for institutional disciplinary\n\t\t\t\taction in cases of alleged domestic violence, dating violence, sexual assault,\n\t\t\t\tor stalking, which shall include a clear statement that—\n \n \n \n (I)\n \n \n such proceedings shall—\n \n - \n
\n (aa)\n \n \n provide a prompt, fair, and impartial\n\t\t\t\tinvestigation and resolution;\n \n \n - \n
\n (bb)\n \n \n be conducted by officials who receive\n\t\t\t\tannual training on the issues related to domestic violence, dating violence,\n\t\t\t\tsexual assault, and stalking and how to conduct an investigation and hearing\n\t\t\t\tprocess that protects the safety of victims and promotes accountability;\n\t\t\t\tand\n \n \n - \n
\n (cc)\n \n \n use the preponderance of the evidence\n\t\t\t\tstandard;\n \n \n \n \n \n (II)\n \n \n the accuser and the accused are entitled to\n\t\t\t\tthe same opportunities to have others present during an institutional\n\t\t\t\tdisciplinary proceeding, including the opportunity to be accompanied to any\n\t\t\t\trelated meeting or proceeding by an advisor of their choice; and\n \n \n \n \n (III)\n \n \n both the accuser and the accused shall be\n\t\t\t\tsimultaneously informed, in writing, of—\n \n - \n
\n (aa)\n \n \n the outcome of any institutional\n\t\t\t\tdisciplinary proceeding that arises from an allegation of domestic violence,\n\t\t\t\tdating violence, sexual assault, or stalking;\n \n \n - \n
\n (bb)\n \n \n the institution's procedures for the\n\t\t\t\taccused and the victim to appeal the results of the institutional disciplinary\n\t\t\t\tproceeding;\n \n \n - \n
\n (cc)\n \n \n any change to the results that occurs prior\n\t\t\t\tto the time that such results become final; and\n \n \n - \n
\n (dd)\n \n \n when such results become final.\n \n \n \n \n \n \n (v)\n \n \n Information about how the institution will\n\t\t\t\tprotect the confidentiality of victims, including how publicly-available\n\t\t\t\trecordkeeping will be accomplished without the inclusion of identifying\n\t\t\t\tinformation about the victim, to the extent permissible by law.\n \n \n \n \n (vi)\n \n \n Written notification of students and\n\t\t\t\temployees about existing counseling, health, mental health, victim advocacy,\n\t\t\t\tlegal assistance, and other services available for victims both on-campus and\n\t\t\t\tin the community.\n \n \n \n \n (vii)\n \n \n Written notification of victims about\n\t\t\t\toptions for, and available assistance in, changing academic, living,\n\t\t\t\ttransportation, and working situations, if so requested by the victim and if\n\t\t\t\tsuch accommodations are reasonably available, regardless of whether the victim\n\t\t\t\tchooses to report the crime to campus police or local law enforcement.\n \n \n \n \n \n (C)\n \n \n A\n\t\t\t\tstudent or employee who reports to an institution of higher education that the\n\t\t\t\tstudent or employee has been a victim of domestic violence, dating violence,\n\t\t\t\tsexual assault, or stalking, whether the offense occurred on or off campus,\n\t\t\t\tshall be provided with a written explanation of the student or employee's\n\t\t\t\trights and options, as described in clauses (ii) through (vii) of subparagraph\n\t\t\t\t(B).\n \n \n \n \n ;\n \n \n \n \n \n (6)\n \n \n in paragraph (9), by striking\n \n \n \n \n (7)\n \n \n by striking paragraph (16) and inserting\n\t\t\t the following:\n \n \n \n \n (16)\n \n \n \n (A)\n \n \n The Secretary shall seek the advice and\n\t\t\t\tcounsel of the Attorney General of the United States concerning the\n\t\t\t\tdevelopment, and dissemination to institutions of higher education, of best\n\t\t\t\tpractices information about campus safety and emergencies.\n \n \n \n \n (B)\n \n \n The Secretary shall seek the advice and\n\t\t\t\tcounsel of the Attorney General of the United States and the Secretary of\n\t\t\t\tHealth and Human Services concerning the development, and dissemination to\n\t\t\t\tinstitutions of higher education, of best practices information about\n\t\t\t\tpreventing and responding to incidents of domestic violence, dating violence,\n\t\t\t\tsexual assault, and stalking, including elements of institutional policies that\n\t\t\t\thave proven successful based on evidence-based outcome\n\t\t\t\tmeasurements.\n \n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (8)\n \n \n by striking paragraph (17) and inserting\n\t\t\t the following:\n \n \n \n \n (17)\n \n \n No officer, employee, or agent of an\n\t\t\t\tinstitution participating in any program under this title shall retaliate,\n\t\t\t\tintimidate, threaten, coerce, or otherwise discriminate against any individual\n\t\t\t\tfor exercising their rights or responsibilities under any provision of this\n\t\t\t\tsubsection.\n \n \n \n .\n \n \n \n \n \n \n (b)\n \n \n Effective\n\t\t\t date\n \n \n The amendments made by\n\t\t\t this section shall take effect with respect to the annual security report under\n\t\t\t section 485(f)(1) of the Higher Education Act of 1965 (\n \n 20 U.S.C. 1092(f)(1)\n \n )\n\t\t\t prepared by an institution of higher education 1 calendar year after the date\n\t\t\t of enactment of this Act, and each subsequent calendar year.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 812 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Ms. Moore , Mr. Meehan , Mr. Larsen of Washington , Ms. DeLauro , Ms. McCollum , Ms. Hahn , Mr. Connolly , Mr. Clay , Mr. Holt , Mr. Moran , Mr. Grijalva , Mr. Conyers , Ms. Bonamici , Ms. Wasserman Schultz , Mr. Levin , Mr. Loebsack , Mr. Keating , Ms. Schwartz , Mr. Michaud , Ms. Schakowsky , Ms. Eshoo , Mr. Sherman , Mr. Van Hollen , Ms. Norton , Mr. Cicilline , Mr. Cooper , Ms. Titus , and Mr. McGovern ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to improve education and prevention related to campus sexual violence, domestic violence, dating violence, and stalking.\n\n1. Short title This Act may be cited as the Campus Sexual Violence Elimination Act . 2. Campus sexual violence, domestic violence, dating violence, and stalking education and prevention (a) In general Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is amended— (1) in paragraph (1)— (A) in subparagraph (C)(iii), by striking the period at the end and inserting , when the victim of such crime elects or is unable to make such a report. ; and (B) in subparagraph (F)— (i) in clause (i)(VIII), by striking and after the semicolon; (ii) in clause (ii)— (I) by striking sexual orientation and inserting national origin, sexual orientation, gender identity, ; and (II) by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iii) of domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies. ; (2) in paragraph (3), by inserting , that withholds the names of victims as confidential, after that is timely ; (3) in paragraph (6)(A)— (A) by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively; (B) by inserting before clause (ii), as redesignated by subparagraph (A), the following: (i) The terms dating violence , domestic violence , and stalking have the meaning given such terms in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ). ; and (C) by inserting after clause (iv), as redesignated by subparagraph (A), the following: (v) The term sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. ; (4) in paragraph (7)— (A) by striking paragraph (1)(F) and inserting clauses (i) and (ii) of paragraph (1)(F) ; and (B) by inserting after Hate Crime Statistics Act. the following: For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ). ; (5) by striking paragraph (8) and inserting the following: (8) (A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding— (i) such institution’s programs to prevent domestic violence, dating violence, sexual assault, and stalking; and (ii) the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported, including a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from such a report. (B) The policy described in subparagraph (A) shall address the following areas: (i) Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include— (I) primary prevention and awareness programs for all incoming students and new employees, which shall include— (aa) a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking; (bb) the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction; (cc) the definition of consent, in reference to sexual activity, in the applicable jurisdiction; (dd) safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual; (ee) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and (ff) the information described in clauses (ii) through (vii); and (II) ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I) . (ii) Possible sanctions or protective measures that such institution may impose following a final determination of an institutional disciplinary procedure regarding rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking. (iii) Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about— (I) the importance of preserving evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order; (II) to whom the alleged offense should be reported; (III) options regarding law enforcement and campus authorities, including notification of the victim's option to— (aa) notify proper law enforcement authorities, including on-campus and local police; (bb) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and (cc) decline to notify such authorities; and (IV) where applicable, the rights of victims and the institution's responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court. (iv) Procedures for institutional disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, which shall include a clear statement that— (I) such proceedings shall— (aa) provide a prompt, fair, and impartial investigation and resolution; (bb) be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability; and (cc) use the preponderance of the evidence standard; (II) the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and (III) both the accuser and the accused shall be simultaneously informed, in writing, of— (aa) the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking; (bb) the institution's procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding; (cc) any change to the results that occurs prior to the time that such results become final; and (dd) when such results become final. (v) Information about how the institution will protect the confidentiality of victims, including how publicly-available recordkeeping will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law. (vi) Written notification of students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community. (vii) Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement. (C) A student or employee who reports to an institution of higher education that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off campus, shall be provided with a written explanation of the student or employee's rights and options, as described in clauses (ii) through (vii) of subparagraph (B). ; (6) in paragraph (9), by striking The Secretary and inserting The Secretary, in consultation with the Attorney General of the United States, ; (7) by striking paragraph (16) and inserting the following: (16) (A) The Secretary shall seek the advice and counsel of the Attorney General of the United States concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies. (B) The Secretary shall seek the advice and counsel of the Attorney General of the United States and the Secretary of Health and Human Services concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence-based outcome measurements. ; and (8) by striking paragraph (17) and inserting the following: (17) No officer, employee, or agent of an institution participating in any program under this title shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection. . (b) Effective date The amendments made by this section shall take effect with respect to the annual security report under section 485(f)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(1) ) prepared by an institution of higher education 1 calendar year after the date of enactment of this Act, and each subsequent calendar year."}}},{"rowIdx":1539,"cells":{"tv_id":{"kind":"string","value":"113-hr-813-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-813"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":813,"string":"813"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr813ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr813ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:46.180"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 813 IH: Putting Veterans Funding First Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-25\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Advance\n\t\t\t appropriations for certain discretionary accounts of the Department of Veterans\n\t\t\t Affairs\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n Section 117 of title\n\t\t\t 38, United States Code, is amended—\n \n \n \n (1)\n \n \n by striking\n \n \n \n \n (2)\n \n \n in subsection\n\t\t\t (c)—\n \n \n \n (A)\n \n \n by striking\n \n \n \n \n (B)\n \n \n in paragraph (1),\n\t\t\t by inserting\n \n \n \n \n (C)\n \n \n in paragraph (2),\n\t\t\t by inserting\n \n \n \n \n (D)\n \n \n in paragraph (3),\n\t\t\t by inserting\n \n \n \n \n (E)\n \n \n by adding at the\n\t\t\t end the following new paragraphs:\n \n \n \n \n (4)\n \n \n Veterans Health Administration, Medical\n\t\t\t\tResearch and Support.\n \n \n \n \n (5)\n \n \n National Cemetery\n\t\t\t\tAdministration.\n \n \n \n \n (6)\n \n \n Veterans Benefits\n\t\t\t\tAdministration, Native American Veteran Housing Loan Program Account.\n \n \n \n \n (7)\n \n \n Departmental\n\t\t\t\tAdministration, General Administration, General Operating Expenses.\n \n \n \n \n (8)\n \n \n Departmental\n\t\t\t\tAdministration, General Operating Expenses, Veterans Benefits\n\t\t\t\tAdministration.\n \n \n \n \n (9)\n \n \n Departmental\n\t\t\t\tAdministration, Information Technology Systems.\n \n \n \n \n (10)\n \n \n Departmental\n\t\t\t\tAdministration, Office of the Inspector General.\n \n \n \n \n (11)\n \n \n Departmental\n\t\t\t\tAdministration, Construction, Major Projects.\n \n \n \n \n (12)\n \n \n Departmental\n\t\t\t\tAdministration, Construction, Minor Projects.\n \n \n \n \n (13)\n \n \n Departmental\n\t\t\t\tAdministration, Grants for Construction of State Extended Care\n\t\t\t\tFacilities.\n \n \n \n \n (14)\n \n \n Departmental\n\t\t\t\tAdministration, Grants for Construction of Veterans\n\t\t\t\tCemeteries.\n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (F)\n \n \n in the subsection\n\t\t\t heading, by striking\n \n \n \n \n \n (3)\n \n \n in the section\n\t\t\t heading, by striking\n \n \n \n \n \n (b)\n \n \n Effective\n\t\t\t date\n \n \n The amendments made by subsection (a) shall apply with\n\t\t\t respect to fiscal year 2016 and each subsequent fiscal year.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 813 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Miller of Florida (for himself and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide for advance appropriations for certain discretionary accounts of the Department of Veterans Affairs.\n\n1. Short title This Act may be cited as the Putting Veterans Funding First Act of 2013 . 2. Advance appropriations for certain discretionary accounts of the Department of Veterans Affairs (a) In general Section 117 of title 38, United States Code, is amended— (1) by striking medical care accounts of the Department each place it appears and inserting discretionary accounts of the Department ; (2) in subsection (c)— (A) by striking medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account and inserting accounts of the Department of Veterans Affairs account ; (B) in paragraph (1), by inserting Veterans Health Administration, after (1) ; (C) in paragraph (2), by inserting Veterans Health Administration, after (2) ; (D) in paragraph (3), by inserting Veterans Health Administration, after (3) ; (E) by adding at the end the following new paragraphs: (4) Veterans Health Administration, Medical Research and Support. (5) National Cemetery Administration. (6) Veterans Benefits Administration, Native American Veteran Housing Loan Program Account. (7) Departmental Administration, General Administration, General Operating Expenses. (8) Departmental Administration, General Operating Expenses, Veterans Benefits Administration. (9) Departmental Administration, Information Technology Systems. (10) Departmental Administration, Office of the Inspector General. (11) Departmental Administration, Construction, Major Projects. (12) Departmental Administration, Construction, Minor Projects. (13) Departmental Administration, Grants for Construction of State Extended Care Facilities. (14) Departmental Administration, Grants for Construction of Veterans Cemeteries. ; and (F) in the subsection heading, by striking Medical care accounts and inserting Discretionary accounts ; and (3) in the section heading, by striking certain medical care accounts and inserting certain discretionary accounts . (b) Effective date The amendments made by subsection (a) shall apply with respect to fiscal year 2016 and each subsequent fiscal year."}}},{"rowIdx":1540,"cells":{"tv_id":{"kind":"string","value":"113-hr-813-rh-dtd"},"legis_id":{"kind":"string","value":"113-hr-813"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":813,"string":"813"},"legis_version":{"kind":"string","value":"rh"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr813rh.xml"},"file_name":{"kind":"string","value":"BILLS-113hr813rh.xml"},"lastmod":{"kind":"string","value":"2023-01-07 08:24:01.805"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 111 HR 813 RH: Putting Veterans Funding First Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-09-17\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Advance appropriations for certain discretionary accounts of the Department of Veterans Affairs\n \n \n \n (a)\n \n \n In general\n \n \n \n Section 117\n \n of title 38, United States Code, is amended—\n \n \n \n (1)\n \n \n by striking\n \n \n \n \n (2)\n \n \n in subsection (c)—\n \n \n \n (A)\n \n \n by striking\n \n \n \n \n (B)\n \n \n in paragraph (1), by inserting\n \n \n \n \n (C)\n \n \n in paragraph (2), by inserting\n \n \n \n \n (D)\n \n \n in paragraph (3), by inserting\n \n \n \n \n (E)\n \n \n by adding at the end the following new paragraphs:\n \n \n \n \n (4)\n \n \n Veterans Health Administration, Medical Research and Support.\n \n \n \n \n (5)\n \n \n National Cemetery Administration.\n \n \n \n \n (6)\n \n \n Veterans Benefits Administration, Native American Veteran Housing Loan Program Account.\n \n \n \n \n (7)\n \n \n Departmental Administration, General Administration, General Operating Expenses.\n \n \n \n \n (8)\n \n \n Departmental Administration, General Operating Expenses, Veterans Benefits Administration.\n \n \n \n \n (9)\n \n \n Departmental Administration, Information Technology Systems.\n \n \n \n \n (10)\n \n \n Departmental Administration, Office of the Inspector General.\n \n \n \n \n (11)\n \n \n Departmental Administration, Construction, Major Projects.\n \n \n \n \n (12)\n \n \n Departmental Administration, Construction, Minor Projects.\n \n \n \n \n (13)\n \n \n Departmental Administration, Grants for Construction of State Extended Care Facilities.\n \n \n \n \n (14)\n \n \n Departmental Administration, Grants for Construction of Veterans Cemeteries.\n \n \n \n ; and\n \n \n \n \n \n (F)\n \n \n in the subsection heading, by striking\n \n \n \n \n \n (3)\n \n \n in the section heading, by striking\n \n \n \n \n \n (b)\n \n \n Effective date\n \n \n The amendments made by subsection (a) shall apply with respect to fiscal year 2016 and each subsequent fiscal year.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Scoring of budgetary effects\n \n \n The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled\n \n \n \n \n 3.\n \n \n Advance appropriations for certain discretionary accounts of the Department of Veterans Affairs\n \n \n \n (a)\n \n \n In general\n \n \n \n Section 117\n \n of title 38, United States Code, is amended—\n \n \n \n (1)\n \n \n by striking\n \n \n \n \n (2)\n \n \n in subsection (c)—\n \n \n \n (A)\n \n \n by striking\n \n \n \n \n (B)\n \n \n in paragraph (1), by inserting\n \n \n \n \n (C)\n \n \n in paragraph (2), by inserting\n \n \n \n \n (D)\n \n \n in paragraph (3), by inserting\n \n \n \n \n (E)\n \n \n by adding at the end the following new paragraphs:\n \n \n \n \n (4)\n \n \n Veterans Health Administration, Medical and Prosthetic Research.\n \n \n \n \n (5)\n \n \n National Cemetery Administration.\n \n \n \n \n (6)\n \n \n Veterans Benefits Administration, Native American Veteran Housing Loan Program Account.\n \n \n \n \n (7)\n \n \n Departmental Administration, General Administration, General Operating Expenses.\n \n \n \n \n (8)\n \n \n Departmental Administration, General Operating Expenses, Veterans Benefits Administration.\n \n \n \n \n (9)\n \n \n Departmental Administration, Information Technology Systems.\n \n \n \n \n (10)\n \n \n Departmental Administration, Office of the Inspector General.\n \n \n \n \n (11)\n \n \n Departmental Administration, Construction, Major Projects.\n \n \n \n \n (12)\n \n \n Departmental Administration, Construction, Minor Projects.\n \n \n \n \n (13)\n \n \n Departmental Administration, Grants for Construction of State Extended Care Facilities.\n \n \n \n \n (14)\n \n \n Departmental Administration, Grants for Construction of Veterans Cemeteries.\n \n \n \n ; and\n \n \n \n \n \n (F)\n \n \n in the subsection heading, by striking\n \n \n \n \n \n (3)\n \n \n in the section heading, by striking\n \n \n \n \n \n (b)\n \n \n Clerical Amendment\n \n \n The table of sections at the beginning of\n \n chapter 1\n \n of title 38, United States Code, is amended by striking the item relating to section 117 and inserting the following new item:\n \n \n \n \n 117. Advance appropriations for certain discretionary accounts.\n \n \n \n .\n \n \n \n \n \n (c)\n \n \n Effective date\n \n \n The amendments made by subsection (a) shall apply with respect to fiscal year 2016 and each subsequent fiscal year.\n \n \n \n \n \n 4.\n \n \n Comptroller General review of Department of Veterans Affairs medical care budget submission\n \n \n Section 4 of the Veterans Health Care Budget Reform and Transparency Act of 2009 (\n \n Public Law 111–81\n \n ;\n \n 38 U.S.C. 117\n \n note) is amended to read as follows:\n \n \n \n \n 4.\n \n \n Comptroller General review of Department of Veterans Affairs medical care budget submission\n \n \n \n (a)\n \n \n Review of budget submission; reports\n \n \n For each of fiscal years 2015, 2016, and 2017, the Comptroller General of the United States shall—\n \n \n \n (1)\n \n \n review the budget requests for the medical care accounts of the Department of Veterans Affairs in the President’s budget request submitted pursuant to\n \n section 1105\n \n of title 31, United States Code; and\n \n \n \n \n (2)\n \n \n submit to the Committees on Veterans’ Affairs, Appropriations, and the Budget of the Senate and House of Representatives a report or reports on the results of each such review.\n \n \n \n \n \n (b)\n \n \n Timing and scope of reports\n \n \n In determining the timing and scope for the submittal of the report or reports required under subsection (a), the Comptroller General shall consult with the Committees on Veterans’ Affairs of the Senate and House of Representatives.\n \n \n \n \n (c)\n \n \n Medical care accounts\n \n \n In this section, the term\n \n \n \n (1)\n \n \n Medical Services.\n \n \n \n \n (2)\n \n \n Medical Support and Compliance.\n \n \n \n \n (3)\n \n \n Medical Facilities.\n \n \n \n \n \n .\n \n \n \n \n \n 5.\n \n \n Department of Veterans Affairs budget planning reform\n \n \n \n (a)\n \n \n Future-Years Veterans Program\n \n \n \n (1)\n \n \n In general\n \n \n \n Chapter 1\n \n of title 38, United States Code, is amended by adding at the end the following new section:\n \n \n \n \n 119.\n \n \n Future-Years Veterans Program\n \n \n \n (a)\n \n \n Submission to Congress\n \n \n The Secretary shall submit to Congress each year, at or about the time that the President’s budget is submitted to Congress pursuant to\n \n section 1105(a)\n \n of title 31, a Future-Years Veterans Program reflecting the estimated expenditures and proposed appropriations included in that budget. Any such Future-Years Veterans Program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.\n \n \n \n \n (b)\n \n \n Consistency\n \n \n \n (1)\n \n \n The Secretary shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of such paragraph for that fiscal year.\n \n \n \n \n (2)\n \n \n Amounts referred to in paragraph (1) are the following:\n \n \n \n (A)\n \n \n The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under\n \n section 1105(a)\n \n of title 31 for any fiscal year, as shown in the Future-Years Veterans Program submitted pursuant to subsection (a).\n \n \n \n \n (B)\n \n \n The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Veterans Affairs included pursuant to paragraph (5) of\n \n section 1105(a)\n \n of title 31 in the budget submitted to Congress under that section for any fiscal year.\n \n \n \n \n \n \n (c)\n \n \n Contents\n \n \n The Future-Years Veterans Program under subsection (a) shall set forth the five-year plan of the Department to address the commitment of the United States to veterans and the resources necessary to meet that commitment and shall be developed and updated, as appropriate, annually by the Secretary. Each Future-Years Veterans Program shall include an explanation of—\n \n \n \n (1)\n \n \n the information that was used to develop program planning guidance for the Future-Years Veterans Program; and\n \n \n \n \n (2)\n \n \n how the resource allocations included in the Future-Years Veterans Program correlate to such five-year strategy.\n \n \n \n \n \n .\n \n \n \n \n \n (2)\n \n \n Clerical amendment\n \n \n The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 118 the following new item:\n \n \n \n \n 119. Future-Years Veterans Program.\n \n \n \n .\n \n \n \n \n \n (3)\n \n \n Effective Date\n \n \n \n Section 119\n \n of title 38, United States Code, as added by paragraph (1), shall apply with respect to the preparation and submission of the fiscal year 2018 budget request for the Department of Veterans Affairs.\n \n \n \n \n \n (b)\n \n \n Quadrennial Veterans Review\n \n \n \n (1)\n \n \n In general\n \n \n Such chapter is further amended by adding after section 119, as added by subsection (a)(1), the following new section:\n \n \n \n \n 120.\n \n \n Quadrennial veterans review\n \n \n \n (a)\n \n \n Requirement\n \n \n \n (1)\n \n \n Not later than fiscal year 2017, and every fourth year thereafter, the Secretary shall conduct a review of the strategy for meeting the commitment of the United States to veterans and the resources necessary to meet that commitment (in this section referred to as a\n \n quadrennial veterans review\n \n ).\n \n \n \n \n (2)\n \n \n Each quadrennial veterans review shall include a comprehensive examination of the policies and strategies of the United States with respect to veterans, including recommendations regarding the long-term strategy and priorities for programs, services, benefits, and outcomes regarding veterans and guidance on the programs, assets, capabilities, budget, policies, and authorities of the Department.\n \n \n \n \n (3)\n \n \n The Secretary shall conduct each quadrennial veterans review in consultation with key officials of the Department, the heads of other Federal agencies, and other relevant governmental and nongovernmental entities, including State, local, and tribal government officials, members of Congress, veterans service organizations, private sector representatives, academics, and other policy experts.\n \n \n \n \n (4)\n \n \n The Secretary shall ensure that each quadrennial veterans review is coordinated with the Future-Years Veterans Program required under section 119 of this title.\n \n \n \n \n \n (b)\n \n \n Contents of review\n \n \n In each quadrennial veterans review, the Secretary shall—\n \n \n \n (1)\n \n \n delineate a veterans strategy consistent with the commitment of the United States to veterans and refine a strategy for the types of, and provision of, programs, services, benefits, and outcomes consistent with current authorities and requirements;\n \n \n \n \n (2)\n \n \n outline and prioritize the full range of programs and capabilities regarding veterans provided by the Federal Government;\n \n \n \n \n (3)\n \n \n identify the budget plan required to provide sufficient resources to successfully execute the full range of such programs and capabilities;\n \n \n \n \n (4)\n \n \n include an assessment of the organizational alignment of the Department with respect to the strategy referred to in paragraph (1) and the programs and capabilities referred to in paragraph (2);\n \n \n \n \n (5)\n \n \n review and assess the effectiveness of the mechanisms of the Department for executing the process of turning the requirements identified in the quadrennial veterans review into a plan to meet such requirements, including an expenditure plan for the Department; and\n \n \n \n \n (6)\n \n \n identify emerging trends, problems, opportunities, and issues that could affect veterans or the Department during the ten-year period following the period covered by the review.\n \n \n \n \n \n (c)\n \n \n Submission to Congress\n \n \n \n (1)\n \n \n The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report regarding each quadrennial veterans review. The Secretary shall submit the report in the year following the year in which the review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under\n \n section 1105\n \n of title 31, United States Code.\n \n \n \n \n (2)\n \n \n Each report submitted under paragraph (1) shall include—\n \n \n \n (A)\n \n \n the results of the quadrennial veterans review;\n \n \n \n \n (B)\n \n \n a description of the challenges to, and opportunities for, the assumed or defined veterans-related interests of the Nation that were examined for the purposes of that review;\n \n \n \n \n (C)\n \n \n the strategy for meeting the Nation’s commitment to veterans, including a prioritized list of the missions of the Department;\n \n \n \n \n (D)\n \n \n a description of the interagency cooperation, preparedness of Federal assets, infrastructure, budget plan, and other elements of the programs and policies of the Nation associated with the strategy referred to in subsection (b)(1) that are required to execute successfully the full range of programs and capabilities identified in such strategy and the programs and capabilities outlined under subsection (b)(2);\n \n \n \n \n (E)\n \n \n an assessment of the organizational alignment of the Department with the strategy referred to in subsection (b)(1) and the programs and capabilities outlined under subsection (b)(2), including the Department's organizational structure, management systems, budget and accounting systems, human resources systems, procurement systems, and physical and technical infrastructure;\n \n \n \n \n (F)\n \n \n a discussion of the status of cooperation among Federal agencies in the effort to promote national support for veterans;\n \n \n \n \n (G)\n \n \n a discussion of the status of cooperation between the Federal Government and State, local, and tribal governments in supporting veterans and providing programs, services, benefits, and outcomes to assist veterans;\n \n \n \n \n (H)\n \n \n an explanation of any underlying assumptions used in conducting the review; and\n \n \n \n \n (I)\n \n \n any other matter the Secretary considers appropriate.\n \n \n \n \n \n \n .\n \n \n \n \n \n (2)\n \n \n Clerical amendment\n \n \n The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 119, as added by subsection (a)(2), the following new item:\n \n \n \n \n 120. Quadrennial veterans review.\n \n \n \n .\n \n \n \n \n \n \n (c)\n \n \n Policy Guidance\n \n \n \n (1)\n \n \n In general\n \n \n Such chapter is further amended by adding after section 120, as added by subsection (b)(1), the following new section:\n \n \n \n \n 121.\n \n \n Policy guidance\n \n \n The Secretary shall provide annually to the appropriate officials of the Department written policy guidance for the preparation and review of the planning and program recommendations and budget proposals of the elements of the Department of such officials. Such guidance shall include guidance on the objectives of the Department in accordance with Future-Years Veterans Program under section 119 of this title and the quadrennial veterans review under section 120 and the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective.\n \n \n \n .\n \n \n \n \n \n (2)\n \n \n Clerical amendment\n \n \n The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 120, as added by subsection (b)(2), the following new item:\n \n \n \n \n 121. Policy guidance.\n \n \n \n .\n \n \n \n \n \n \n (d)\n \n \n Chief strategy officer of the Department of Veterans Affairs\n \n \n \n (1)\n \n \n In general\n \n \n \n Chapter 3\n \n of title 38, United States Code, is amended by adding at the end the following new section:\n \n \n \n \n 323.\n \n \n Chief Strategy Officer\n \n \n \n (a)\n \n \n In general\n \n \n The Secretary shall designate the Assistant Secretary whose functions include planning, studies, and evaluations as the Chief Strategy Officer of the Department. The Chief Strategy Officer shall advise the Secretary on long-range strategy and implications.\n \n \n \n \n (b)\n \n \n Responsibilities\n \n \n The Chief Strategy Officer is the principal advisor to the Secretary and other senior officials of the Department, and shall provide independent analysis and advice to the Secretary and such officials. The Chief Strategy Officer shall carry out the following responsibilities:\n \n \n \n (1)\n \n \n Conducting cost estimation and cost analysis for the programs of the Department.\n \n \n \n \n (2)\n \n \n Establishing policies for, and overseeing the integration of, the planning, programming, budgeting and execution process for the Department.\n \n \n \n \n (3)\n \n \n Providing analysis and advice on matters relating to the planning and programming phase of the planning, programming, budgeting and execution process, and the preparation of materials and guidance for such process, as directed by the Secretary, working in coordination with the Assistant Secretary for Management.\n \n \n \n \n (4)\n \n \n Developing and executing the Future-Years Veterans Program of the Department, as specified under section 119 of this title.\n \n \n \n \n (5)\n \n \n Developing resource discussions relating to requirements under consideration in the quadrennial veterans review under section 120 of this title.\n \n \n \n \n (6)\n \n \n Formulating study guidance for analysis of alternatives for programs and initiatives, including any necessary acquisitions, development, or procurement commensurate with such alternatives, and performance of such analysis as directed by the Secretary.\n \n \n \n \n (7)\n \n \n Reviewing, analyzing, and evaluating programs for executing approved strategies and policies, ensuring that information on programs and expected outcomes is presented accurately and completely.\n \n \n \n \n (8)\n \n \n Ensuring that the costs of programs and alternatives are presented accurately and completely by assisting in establishing standards, policies, and procedures for the conduct of cost estimation and cost analysis throughout the Department, including guidance relating to the proper selection of confidence levels in cost estimates generally and for specific programs of the Department.\n \n \n \n \n (9)\n \n \n Conducting studies at the request of the Secretary regarding costs, policy assumptions, and strategic implications of current policies and possible alternatives.\n \n \n \n \n (10)\n \n \n Communicating directly to the Secretary and the Deputy Secretary of Veterans Affairs about matters for which the Chief Strategy Officer is responsible without obtaining the approval or concurrence of any other official within the Department.\n \n \n \n \n \n .\n \n \n \n \n \n (2)\n \n \n Clerical amendment\n \n \n The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 322 the following new item:\n \n \n \n \n 323. Chief Strategy Officer.\n \n \n \n .\n \n \n \n \n \n \n \n 6.\n \n \n Study on the functions and organizational structure of the Office of the Secretary of Veterans Affairs and of the Department of Veterans Affairs\n \n \n \n (a)\n \n \n Secretary of Veterans Affairs Study\n \n \n The Secretary of Veterans Affairs shall conduct a study of the functions and organizational structure of the Office of the Secretary and of the Department of Veterans Affairs.\n \n \n \n \n (b)\n \n \n Contents of Study\n \n \n In conducting the study under subsection (a), the Secretary shall consider whether the allocation of functions and the organizational structure of the Department, as of the date of the enactment of this Act, constitute the most effective, efficient, and economical allocation and structure to assist the Secretary in carrying out the duties and responsibilities of the Secretary. The Secretary shall also consider—\n \n \n \n (1)\n \n \n whether the organization of the Office and the Department is—\n \n \n \n (A)\n \n \n optimally structured to assist the Secretary in the effective exercise of control over the Department, including—\n \n \n \n (i)\n \n \n policy development and strategic planning;\n \n \n \n \n (ii)\n \n \n programming, planning, and budget development and policy, program, and budget execution; and\n \n \n \n \n (iii)\n \n \n contingency planning; and\n \n \n \n \n \n (B)\n \n \n the most effective and efficient organization for the initiation, development, and articulation of veterans’ policy and the provision of benefits and services;\n \n \n \n \n \n (2)\n \n \n means of improving and strengthening the oversight and accountability within the Office and Department;\n \n \n \n \n (3)\n \n \n factors inhibiting efficient and effective execution of the functions of the Office and the Department, including factors relating to—\n \n \n \n (A)\n \n \n any duplication of functions (both within and between the Office and Department);\n \n \n \n \n (B)\n \n \n the availability to the Secretary of sufficient and detailed information regarding the operation of the Department to enable effective planning, policy execution, and oversight; and\n \n \n \n \n (C)\n \n \n the sufficiency of resources, including personnel, to carry out current and projected requirements in a more effective and efficient manner; and\n \n \n \n \n \n (4)\n \n \n possible alternative allocations and realignments of authorities and functions within the Office and Department to improve the Department’s overall operation and better provide benefits and services.\n \n \n \n \n \n (c)\n \n \n Independent Contractor Study\n \n \n The Secretary shall enter into a contract with an appropriate entity under which the entity shall carry out an independent study of the same matters required to be considered by the Secretary under subsection (b). The Secretary shall ensure that the entity has full access to such information as the contractor requires in order to conduct the study and that the contractor otherwise receives full cooperation from all officials and entities of the Department of Veterans Affairs.\n \n \n \n \n (d)\n \n \n Report to Congress\n \n \n Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the Secretary’s study under subsection (a). The report shall include—\n \n \n \n (1)\n \n \n the findings and conclusions of the Secretary with respect to each of the matters set forth in subsection (b);\n \n \n \n \n (2)\n \n \n any recommendations of the Secretary for organizational changes in the Office of the Secretary and the overall Department and a description of the means for implementing each recommendation; and\n \n \n \n \n (3)\n \n \n a copy of the report of the independent contractor under subsection (c), together with such comments on such report as the Secretary considers appropriate.\n \n \n \n \n \n \n 7.\n \n \n Performance awards in the Senior Executive Service\n \n \n For each of fiscal years 2014 through 2018, the Secretary of Veterans Affairs may not pay any performance awards under\n \n section 5384\n \n of title 5, United States Code.\n \n \n \n \n Amend the title so as to read:\n \n \n \n September 17, 2013\n \n \n Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed\n \n \n \n"},"tv_txt":{"kind":"string","value":"IB Union Calendar No. 156 113th CONGRESS 1st Session H. R. 813 [Report No. 113–212] IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Miller of Florida (for himself and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs September 17, 2013 Additional sponsors: Mrs. Roby , Ms. Brownley of California , Mr. Gene Green of Texas , Mr. Lamborn , Mr. O'Rourke , Mr. Lynch , Mrs. Kirkpatrick , Mr. Carson of Indiana , Mr. Connolly , Mr. Holt , Ms. Michelle Lujan Grisham of New Mexico , Mr. Johnson of Ohio , Mr. Jones , Mr. Loebsack , Mr. Amodei , Mr. Wittman , Ms. Sinema , Mr. Stivers , Ms. Schakowsky , Mr. Veasey , and Mr. Latham September 17, 2013 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic A BILL To amend title 38, United States Code, to provide for advance appropriations for certain discretionary accounts of the Department of Veterans Affairs.\n\n1. Short title This Act may be cited as the Putting Veterans Funding First Act of 2013 . 2. Advance appropriations for certain discretionary accounts of the Department of Veterans Affairs (a) In general Section 117 of title 38, United States Code, is amended— (1) by striking medical care accounts of the Department each place it appears and inserting discretionary accounts of the Department ; (2) in subsection (c)— (A) by striking medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account and inserting accounts of the Department of Veterans Affairs account ; (B) in paragraph (1), by inserting Veterans Health Administration, after (1) ; (C) in paragraph (2), by inserting Veterans Health Administration, after (2) ; (D) in paragraph (3), by inserting Veterans Health Administration, after (3) ; (E) by adding at the end the following new paragraphs: (4) Veterans Health Administration, Medical Research and Support. (5) National Cemetery Administration. (6) Veterans Benefits Administration, Native American Veteran Housing Loan Program Account. (7) Departmental Administration, General Administration, General Operating Expenses. (8) Departmental Administration, General Operating Expenses, Veterans Benefits Administration. (9) Departmental Administration, Information Technology Systems. (10) Departmental Administration, Office of the Inspector General. (11) Departmental Administration, Construction, Major Projects. (12) Departmental Administration, Construction, Minor Projects. (13) Departmental Administration, Grants for Construction of State Extended Care Facilities. (14) Departmental Administration, Grants for Construction of Veterans Cemeteries. ; and (F) in the subsection heading, by striking Medical care accounts and inserting Discretionary accounts ; and (3) in the section heading, by striking certain medical care accounts and inserting certain discretionary accounts . (b) Effective date The amendments made by subsection (a) shall apply with respect to fiscal year 2016 and each subsequent fiscal year.\n\n1. Short title This Act may be cited as the Putting Veterans Funding First Act of 2013 . 2. Scoring of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. 3. Advance appropriations for certain discretionary accounts of the Department of Veterans Affairs (a) In general Section 117 of title 38, United States Code, is amended— (1) by striking medical care accounts of the Department each place it appears and inserting discretionary accounts of the Department ; (2) in subsection (c)— (A) by striking medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account and inserting accounts of the Department of Veterans Affairs account ; (B) in paragraph (1), by inserting Veterans Health Administration, after (1) ; (C) in paragraph (2), by inserting Veterans Health Administration, after (2) ; (D) in paragraph (3), by inserting Veterans Health Administration, after (3) ; (E) by adding at the end the following new paragraphs: (4) Veterans Health Administration, Medical and Prosthetic Research. (5) National Cemetery Administration. (6) Veterans Benefits Administration, Native American Veteran Housing Loan Program Account. (7) Departmental Administration, General Administration, General Operating Expenses. (8) Departmental Administration, General Operating Expenses, Veterans Benefits Administration. (9) Departmental Administration, Information Technology Systems. (10) Departmental Administration, Office of the Inspector General. (11) Departmental Administration, Construction, Major Projects. (12) Departmental Administration, Construction, Minor Projects. (13) Departmental Administration, Grants for Construction of State Extended Care Facilities. (14) Departmental Administration, Grants for Construction of Veterans Cemeteries. ; and (F) in the subsection heading, by striking Medical care accounts and inserting Discretionary accounts ; and (3) in the section heading, by striking certain medical care accounts and inserting certain discretionary accounts . (b) Clerical Amendment The table of sections at the beginning of chapter 1 of title 38, United States Code, is amended by striking the item relating to section 117 and inserting the following new item: 117. Advance appropriations for certain discretionary accounts. . (c) Effective date The amendments made by subsection (a) shall apply with respect to fiscal year 2016 and each subsequent fiscal year. 4. Comptroller General review of Department of Veterans Affairs medical care budget submission Section 4 of the Veterans Health Care Budget Reform and Transparency Act of 2009 ( Public Law 111–81 ; 38 U.S.C. 117 note) is amended to read as follows: 4. Comptroller General review of Department of Veterans Affairs medical care budget submission (a) Review of budget submission; reports For each of fiscal years 2015, 2016, and 2017, the Comptroller General of the United States shall— (1) review the budget requests for the medical care accounts of the Department of Veterans Affairs in the President’s budget request submitted pursuant to section 1105 of title 31, United States Code; and (2) submit to the Committees on Veterans’ Affairs, Appropriations, and the Budget of the Senate and House of Representatives a report or reports on the results of each such review. (b) Timing and scope of reports In determining the timing and scope for the submittal of the report or reports required under subsection (a), the Comptroller General shall consult with the Committees on Veterans’ Affairs of the Senate and House of Representatives. (c) Medical care accounts In this section, the term medical care accounts of the Department of Veterans Affairs means the following medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account: (1) Medical Services. (2) Medical Support and Compliance. (3) Medical Facilities. . 5. Department of Veterans Affairs budget planning reform (a) Future-Years Veterans Program (1) In general Chapter 1 of title 38, United States Code, is amended by adding at the end the following new section: 119. Future-Years Veterans Program (a) Submission to Congress The Secretary shall submit to Congress each year, at or about the time that the President’s budget is submitted to Congress pursuant to section 1105(a) of title 31, a Future-Years Veterans Program reflecting the estimated expenditures and proposed appropriations included in that budget. Any such Future-Years Veterans Program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years. (b) Consistency (1) The Secretary shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of such paragraph for that fiscal year. (2) Amounts referred to in paragraph (1) are the following: (A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under section 1105(a) of title 31 for any fiscal year, as shown in the Future-Years Veterans Program submitted pursuant to subsection (a). (B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Veterans Affairs included pursuant to paragraph (5) of section 1105(a) of title 31 in the budget submitted to Congress under that section for any fiscal year. (c) Contents The Future-Years Veterans Program under subsection (a) shall set forth the five-year plan of the Department to address the commitment of the United States to veterans and the resources necessary to meet that commitment and shall be developed and updated, as appropriate, annually by the Secretary. Each Future-Years Veterans Program shall include an explanation of— (1) the information that was used to develop program planning guidance for the Future-Years Veterans Program; and (2) how the resource allocations included in the Future-Years Veterans Program correlate to such five-year strategy. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 118 the following new item: 119. Future-Years Veterans Program. . (3) Effective Date Section 119 of title 38, United States Code, as added by paragraph (1), shall apply with respect to the preparation and submission of the fiscal year 2018 budget request for the Department of Veterans Affairs. (b) Quadrennial Veterans Review (1) In general Such chapter is further amended by adding after section 119, as added by subsection (a)(1), the following new section: 120. Quadrennial veterans review (a) Requirement (1) Not later than fiscal year 2017, and every fourth year thereafter, the Secretary shall conduct a review of the strategy for meeting the commitment of the United States to veterans and the resources necessary to meet that commitment (in this section referred to as a quadrennial veterans review ). (2) Each quadrennial veterans review shall include a comprehensive examination of the policies and strategies of the United States with respect to veterans, including recommendations regarding the long-term strategy and priorities for programs, services, benefits, and outcomes regarding veterans and guidance on the programs, assets, capabilities, budget, policies, and authorities of the Department. (3) The Secretary shall conduct each quadrennial veterans review in consultation with key officials of the Department, the heads of other Federal agencies, and other relevant governmental and nongovernmental entities, including State, local, and tribal government officials, members of Congress, veterans service organizations, private sector representatives, academics, and other policy experts. (4) The Secretary shall ensure that each quadrennial veterans review is coordinated with the Future-Years Veterans Program required under section 119 of this title. (b) Contents of review In each quadrennial veterans review, the Secretary shall— (1) delineate a veterans strategy consistent with the commitment of the United States to veterans and refine a strategy for the types of, and provision of, programs, services, benefits, and outcomes consistent with current authorities and requirements; (2) outline and prioritize the full range of programs and capabilities regarding veterans provided by the Federal Government; (3) identify the budget plan required to provide sufficient resources to successfully execute the full range of such programs and capabilities; (4) include an assessment of the organizational alignment of the Department with respect to the strategy referred to in paragraph (1) and the programs and capabilities referred to in paragraph (2); (5) review and assess the effectiveness of the mechanisms of the Department for executing the process of turning the requirements identified in the quadrennial veterans review into a plan to meet such requirements, including an expenditure plan for the Department; and (6) identify emerging trends, problems, opportunities, and issues that could affect veterans or the Department during the ten-year period following the period covered by the review. (c) Submission to Congress (1) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report regarding each quadrennial veterans review. The Secretary shall submit the report in the year following the year in which the review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under section 1105 of title 31, United States Code. (2) Each report submitted under paragraph (1) shall include— (A) the results of the quadrennial veterans review; (B) a description of the challenges to, and opportunities for, the assumed or defined veterans-related interests of the Nation that were examined for the purposes of that review; (C) the strategy for meeting the Nation’s commitment to veterans, including a prioritized list of the missions of the Department; (D) a description of the interagency cooperation, preparedness of Federal assets, infrastructure, budget plan, and other elements of the programs and policies of the Nation associated with the strategy referred to in subsection (b)(1) that are required to execute successfully the full range of programs and capabilities identified in such strategy and the programs and capabilities outlined under subsection (b)(2); (E) an assessment of the organizational alignment of the Department with the strategy referred to in subsection (b)(1) and the programs and capabilities outlined under subsection (b)(2), including the Department's organizational structure, management systems, budget and accounting systems, human resources systems, procurement systems, and physical and technical infrastructure; (F) a discussion of the status of cooperation among Federal agencies in the effort to promote national support for veterans; (G) a discussion of the status of cooperation between the Federal Government and State, local, and tribal governments in supporting veterans and providing programs, services, benefits, and outcomes to assist veterans; (H) an explanation of any underlying assumptions used in conducting the review; and (I) any other matter the Secretary considers appropriate. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 119, as added by subsection (a)(2), the following new item: 120. Quadrennial veterans review. . (c) Policy Guidance (1) In general Such chapter is further amended by adding after section 120, as added by subsection (b)(1), the following new section: 121. Policy guidance The Secretary shall provide annually to the appropriate officials of the Department written policy guidance for the preparation and review of the planning and program recommendations and budget proposals of the elements of the Department of such officials. Such guidance shall include guidance on the objectives of the Department in accordance with Future-Years Veterans Program under section 119 of this title and the quadrennial veterans review under section 120 and the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 120, as added by subsection (b)(2), the following new item: 121. Policy guidance. . (d) Chief strategy officer of the Department of Veterans Affairs (1) In general Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: 323. Chief Strategy Officer (a) In general The Secretary shall designate the Assistant Secretary whose functions include planning, studies, and evaluations as the Chief Strategy Officer of the Department. The Chief Strategy Officer shall advise the Secretary on long-range strategy and implications. (b) Responsibilities The Chief Strategy Officer is the principal advisor to the Secretary and other senior officials of the Department, and shall provide independent analysis and advice to the Secretary and such officials. The Chief Strategy Officer shall carry out the following responsibilities: (1) Conducting cost estimation and cost analysis for the programs of the Department. (2) Establishing policies for, and overseeing the integration of, the planning, programming, budgeting and execution process for the Department. (3) Providing analysis and advice on matters relating to the planning and programming phase of the planning, programming, budgeting and execution process, and the preparation of materials and guidance for such process, as directed by the Secretary, working in coordination with the Assistant Secretary for Management. (4) Developing and executing the Future-Years Veterans Program of the Department, as specified under section 119 of this title. (5) Developing resource discussions relating to requirements under consideration in the quadrennial veterans review under section 120 of this title. (6) Formulating study guidance for analysis of alternatives for programs and initiatives, including any necessary acquisitions, development, or procurement commensurate with such alternatives, and performance of such analysis as directed by the Secretary. (7) Reviewing, analyzing, and evaluating programs for executing approved strategies and policies, ensuring that information on programs and expected outcomes is presented accurately and completely. (8) Ensuring that the costs of programs and alternatives are presented accurately and completely by assisting in establishing standards, policies, and procedures for the conduct of cost estimation and cost analysis throughout the Department, including guidance relating to the proper selection of confidence levels in cost estimates generally and for specific programs of the Department. (9) Conducting studies at the request of the Secretary regarding costs, policy assumptions, and strategic implications of current policies and possible alternatives. (10) Communicating directly to the Secretary and the Deputy Secretary of Veterans Affairs about matters for which the Chief Strategy Officer is responsible without obtaining the approval or concurrence of any other official within the Department. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 322 the following new item: 323. Chief Strategy Officer. . 6. Study on the functions and organizational structure of the Office of the Secretary of Veterans Affairs and of the Department of Veterans Affairs (a) Secretary of Veterans Affairs Study The Secretary of Veterans Affairs shall conduct a study of the functions and organizational structure of the Office of the Secretary and of the Department of Veterans Affairs. (b) Contents of Study In conducting the study under subsection (a), the Secretary shall consider whether the allocation of functions and the organizational structure of the Department, as of the date of the enactment of this Act, constitute the most effective, efficient, and economical allocation and structure to assist the Secretary in carrying out the duties and responsibilities of the Secretary. The Secretary shall also consider— (1) whether the organization of the Office and the Department is— (A) optimally structured to assist the Secretary in the effective exercise of control over the Department, including— (i) policy development and strategic planning; (ii) programming, planning, and budget development and policy, program, and budget execution; and (iii) contingency planning; and (B) the most effective and efficient organization for the initiation, development, and articulation of veterans’ policy and the provision of benefits and services; (2) means of improving and strengthening the oversight and accountability within the Office and Department; (3) factors inhibiting efficient and effective execution of the functions of the Office and the Department, including factors relating to— (A) any duplication of functions (both within and between the Office and Department); (B) the availability to the Secretary of sufficient and detailed information regarding the operation of the Department to enable effective planning, policy execution, and oversight; and (C) the sufficiency of resources, including personnel, to carry out current and projected requirements in a more effective and efficient manner; and (4) possible alternative allocations and realignments of authorities and functions within the Office and Department to improve the Department’s overall operation and better provide benefits and services. (c) Independent Contractor Study The Secretary shall enter into a contract with an appropriate entity under which the entity shall carry out an independent study of the same matters required to be considered by the Secretary under subsection (b). The Secretary shall ensure that the entity has full access to such information as the contractor requires in order to conduct the study and that the contractor otherwise receives full cooperation from all officials and entities of the Department of Veterans Affairs. (d) Report to Congress Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the Secretary’s study under subsection (a). The report shall include— (1) the findings and conclusions of the Secretary with respect to each of the matters set forth in subsection (b); (2) any recommendations of the Secretary for organizational changes in the Office of the Secretary and the overall Department and a description of the means for implementing each recommendation; and (3) a copy of the report of the independent contractor under subsection (c), together with such comments on such report as the Secretary considers appropriate. 7. Performance awards in the Senior Executive Service For each of fiscal years 2014 through 2018, the Secretary of Veterans Affairs may not pay any performance awards under section 5384 of title 5, United States Code.\n\nAmend the title so as to read: A bill to amend title 38, United States Code, to provide for advance appropriations for certain discretionary accounts of the Department of Veterans Affairs, to direct the Secretary of Veterans Affairs to submit to Congress a Future-Years Veterans Program and a quadrennial veterans review, to establish in the Department of Veterans Affairs a Chief Strategy Officer, and for other purposes. .\n\nSeptember 17, 2013 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed"}}},{"rowIdx":1541,"cells":{"tv_id":{"kind":"string","value":"113-hr-814-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-814"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":814,"string":"814"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr814ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr814ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:46.516"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 814 IH: Rewriting to Improve and Secure an Exit Out of Poverty Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-25\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Table of\n\t\t\t contents\n \n \n The table of contents\n\t\t\t of this Act is as follows:\n \n \n \n Sec. 1. Short title.\n \n \n Sec. 2. Table of contents.\n \n \n Sec. 3. References.\n \n \n Sec. 4. State plans required to address whether and how States\n\t\t\t\twill provide assistance to neediest geographic areas.\n \n \n Sec. 5. Funding of the TANF program.\n \n \n Sec. 6. Work requirements.\n \n \n Sec. 7. Work rules.\n \n \n Sec. 8. Prohibition on imposing limit of less than 60 months on\n\t\t\t\tduration of assistance.\n \n \n Sec. 9. Response of TANF program to economic\n\t\t\t\trecessions.\n \n \n Sec. 10. Requirement that States use merit-based system in\n\t\t\t\tadministration of TANF programs.\n \n \n Sec. 11. Ban on using Federal TANF funds to replace State and\n\t\t\t\tlocal spending that does not meet the definition of qualified State\n\t\t\t\texpenditures.\n \n \n Sec. 12. TANF assistance to meet basic family economic\n\t\t\t\tneeds.\n \n \n Sec. 13. State plans and reports on child poverty.\n \n \n Sec. 14. Requirement that States adopt standards and procedures\n\t\t\t\tto address domestic and sexual violence among TANF recipients.\n \n \n Sec. 15. Child care entitlement.\n \n \n Sec. 16. Child support enforcement.\n \n \n Sec. 17. State option to extend eligibility for assistance to\n\t\t\t\tchildren through age 21; prohibition on considering financial aid tied to\n\t\t\t\teducation of child in determining eligibility for, or amount of assistance;\n\t\t\t\tprohibition on imposing additional requirements based on educational enrollment\n\t\t\t\tof child.\n \n \n Sec. 18. Elimination of certain other bars to TANF\n\t\t\t\tassistance.\n \n \n Sec. 19. Effective date.\n \n \n \n \n \n 3.\n \n \n References\n \n \n Except as otherwise expressly provided in\n\t\t\t this Act, wherever in this Act an amendment or repeal is expressed in terms of\n\t\t\t an amendment to, or repeal of, a section or other provision, the amendment or\n\t\t\t repeal shall be considered to be made to a section or other provision of the\n\t\t\t Social Security Act.\n \n \n \n \n 4.\n \n \n State plans\n\t\t\t required to address whether and how States will provide assistance to neediest\n\t\t\t geographic areas\n \n \n Section\n\t\t\t 402(a)(1)(A)(i) (\n \n 42 U.S.C. 602(a)(1)(A)(i)\n \n ) is amended by inserting\n \n \n \n \n 5.\n \n \n Funding of the\n\t\t\t TANF program\n \n \n \n (a)\n \n \n State family\n\t\t\t assistance grant\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Section 403(a)(1) (\n \n 42 U.S.C. 603(a)(1)\n \n ) is\n\t\t\t amended—\n \n \n \n (A)\n \n \n in subparagraph\n\t\t\t (A), by striking\n \n \n \n \n (B)\n \n \n by striking\n\t\t\t subparagraphs (B) and (C) and inserting the following:\n \n \n \n \n (B)\n \n \n State family\n\t\t\t\tassistance grant\n \n \n \n (i)\n \n \n In\n\t\t\t\tgeneral\n \n \n The State family\n\t\t\t\tassistance grant payable to a State for a fiscal year shall be the greater\n\t\t\t\tof—\n \n \n \n (I)\n \n \n the adjusted basic\n\t\t\t\tblock grant, plus the amount required to be paid to the State under paragraph\n\t\t\t\t(3) (as in effect on September 30, 2010) for fiscal year 2010; or\n \n \n \n \n (II)\n \n \n the amount required to be paid to the State\n\t\t\t\tunder this paragraph for the preceding fiscal year.\n \n \n \n \n \n (ii)\n \n \n Adjusted basic\n\t\t\t\tblock grant\n \n \n In clause (i), the term\n \n adjusted block\n\t\t\t\tgrant\n \n means, with respect to a State, the product of—\n \n \n \n (I)\n \n \n the amount required to be paid to the State\n\t\t\t\tunder this paragraph for fiscal year 2010 (determined without regard to any\n\t\t\t\treduction pursuant to section 409 or 412(a)(1));\n \n \n \n \n (II)\n \n \n 1.00, plus the percentage (if any) by which\n\t\t\t\tthe average of the CPI for the 12-month period ending with June of the\n\t\t\t\tpreceding fiscal year exceeds the average of the CPI for the 12-month period\n\t\t\t\tending with June 1996, expressed as a decimal; and\n \n \n \n \n (III)\n \n \n 1.00, plus the percentage (if any) by which\n\t\t\t\tthe most recent estimate by the Bureau of the Census of the population of the\n\t\t\t\tState that has not attained 18 years of age exceeds the most recent estimate by\n\t\t\t\tthe Bureau of the Census of that population as of July 1, 1996, expressed as a\n\t\t\t\tdecimal.\n \n \n \n \n \n (iii)\n \n \n CPI\n\t\t\t\tdefined\n \n \n In clause (ii), the term\n \n CPI\n \n means the last\n\t\t\t\tConsumer Price Index for All Urban Consumers published by the Department of\n\t\t\t\tLabor for the period involved.\n \n \n \n \n \n (C)\n \n \n Appropriation\n \n \n Out of any money in the Treasury of the\n\t\t\t\tUnited States not otherwise appropriated, there are appropriated such sums as\n\t\t\t\tare necessary for grants under this paragraph for each fiscal\n\t\t\t\tyear.\n \n \n \n .\n \n \n \n \n \n \n (2)\n \n \n Conforming\n\t\t\t amendment to eliminate supplemental grants for population increases in certain\n\t\t\t States\n \n \n Section 403(a) (\n \n 42 U.S.C. 603(a)\n \n ) is amended by striking\n\t\t\t paragraph (3).\n \n \n \n \n \n (b)\n \n \n Penalty for\n\t\t\t failure To maintain effort adjusted for inflation\n \n \n Section 409(a)(7) (\n \n 42 U.S.C. 609(a)(7)\n \n ) is\n\t\t\t amended—\n \n \n \n (1)\n \n \n in subparagraph\n\t\t\t (A), by inserting\n \n \n \n \n (2)\n \n \n in subparagraph\n\t\t\t (B), by redesignating clauses (iii) through (v) as clauses (iv) through (vi),\n\t\t\t respectively, and inserting after clause (ii) the following:\n \n \n \n \n (iii)\n \n \n Inflation-adjusted\n\t\t\t\thistoric State expenditures\n \n \n The term\n \n inflation-adjusted historic\n\t\t\t\tState expenditures\n \n means, with respect to a fiscal year—\n \n \n \n (I)\n \n \n historic State\n\t\t\t\texpenditures; multiplied by\n \n \n \n \n (II)\n \n \n 1.00, plus (in the case of fiscal year 2014\n\t\t\t\tor any succeeding fiscal year) the percentage (if any) by which the average of\n\t\t\t\tthe CPI (as defined in section 403(a)(1)(B)(iii)) for the 12-month period\n\t\t\t\tending with June of the preceding fiscal year exceeds the average of the CPI\n\t\t\t\t(as so defined) for the 12-month period ending with June 2012, expressed as a\n\t\t\t\tdecimal.\n \n \n \n \n .\n \n \n \n \n \n \n (c)\n \n \n Modification of\n\t\t\t contingency fund\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Section 403(b) (\n \n 42 U.S.C. 603(b)\n \n ) is amended by striking\n\t\t\t all that follows paragraph (1) and inserting the following:\n \n \n \n \n (2)\n \n \n Grants\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n The Secretary shall make a grant to each eligible State\n\t\t\t\tand each Indian tribe that is an economically needy entity for a calendar\n\t\t\t\tquarter, in an amount equal to 80 percent of the amount (if any) by which the\n\t\t\t\ttotal amount of relevant expenditures of the entity for the quarter exceeds the\n\t\t\t\ttotal amount of the relevant expenditures of the entity for the corresponding\n\t\t\t\tquarter in the base year of the entity, subject to paragraph (2).\n \n \n \n \n (B)\n \n \n Limitation\n \n \n The\n\t\t\t\ttotal amount payable to an entity under this subsection for a fiscal year shall\n\t\t\t\tnot exceed an amount equal to 25 percent of the amount payable to the\n\t\t\t\tentity—\n \n \n \n (i)\n \n \n if\n\t\t\t\tthe entity is a State, under section 403(a)(1) for the fiscal year; or\n \n \n \n \n (ii)\n \n \n if the entity is\n\t\t\t\tan Indian tribe, under section 412(a)(1) for the fiscal year.\n \n \n \n \n \n \n (3)\n \n \n Definitions\n \n \n In paragraph (2):\n \n \n \n (A)\n \n \n Economically\n\t\t\t\tneedy entity\n \n \n The term\n \n economically needy entity\n \n means an entity with respect to a\n\t\t\t\tcalendar quarter—\n \n \n \n (i)\n \n \n if\n\t\t\t\tthe seasonally adjusted average unemployment rate with respect to entity for\n\t\t\t\tthe quarter or any of the preceding 4 calendar quarters exceeds 6.5 percent;\n\t\t\t\tor\n \n \n \n \n (ii)\n \n \n in the case that the unemployment rate\n\t\t\t\tinformation described in clause (i) is not available with respect to the\n\t\t\t\tentity, if the entity meets such qualifications as the Secretary, in\n\t\t\t\tconsultation with the Secretary of Labor, shall, by regulation,\n\t\t\t\tprescribe.\n \n \n \n \n \n (B)\n \n \n Base\n\t\t\t\tyear\n \n \n The term\n \n base year\n \n means, with respect to an\n\t\t\t\tentity, and a calendar quarter in a fiscal year—\n \n \n \n (i)\n \n \n except as provided\n\t\t\t\tin clause (ii), whichever of the 2 fiscal years most recently preceding the 1st\n\t\t\t\tfiscal year of the most recent contingency fund eligibility period for the\n\t\t\t\tentity, is the fiscal year in which the relevant expenditures of the entity\n\t\t\t\twere the lesser; or\n \n \n \n \n (ii)\n \n \n if the 1st year\n\t\t\t\tof the period referred to in clause (i) is fiscal year 2013, whichever of\n\t\t\t\tfiscal year 2007 or 2008 is the fiscal year in which the relevant expenditures\n\t\t\t\tof the entity were the lesser.\n \n \n \n \n \n (C)\n \n \n Contingency fund\n\t\t\t\teligibility period\n \n \n The term\n \n contingency fund eligibility period\n \n means, with respect to an\n\t\t\t\tentity, a period of 1 or more consecutive calendar quarters for which the\n\t\t\t\tentity is an economically needy entity.\n \n \n \n \n (D)\n \n \n Relevant\n\t\t\t\texpenditures\n \n \n \n (i)\n \n \n In\n\t\t\t\tgeneral\n \n \n The term\n \n relevant expenditures\n \n means\n\t\t\t\texpenditures—\n \n \n \n (I)\n \n \n for assistance under the program funded\n\t\t\t\tunder this part of the entity (including, in the case of a State, any qualified\n\t\t\t\tState expenditures (as defined in section 409(a)(7)(B)(i)) and any expenditures\n\t\t\t\tunder any other State program funded by such expenditures);\n \n \n \n \n (II)\n \n \n for child\n\t\t\t\tcare;\n \n \n \n \n (III)\n \n \n for subsidized employment under the program\n\t\t\t\tfunded under this part of the entity (including, in the case of a State, such\n\t\t\t\texpenditures under any other State program funded by qualified State\n\t\t\t\texpenditures (as defined in section 409(a)(7)(B)(i))), other than expenditures\n\t\t\t\tmade using Federal funds or with respect to which the entity received a grant\n\t\t\t\tmade under paragraph (3) of this subsection; and\n \n \n \n \n (IV)\n \n \n for\n\t\t\t\tadministrative costs associated with making the expenditures referred to in the\n\t\t\t\tpreceding subclauses of this clause.\n \n \n \n \n \n (ii)\n \n \n Child care\n\t\t\t\texpenditures\n \n \n For purposes of\n\t\t\t\tclause (i), expenditures for child care consist of the following:\n \n \n \n (I)\n \n \n Amounts\n\t\t\t\ttransferred under section 404(d)(1)(B).\n \n \n \n \n (II)\n \n \n Expenditures for\n\t\t\t\tchild care assistance from Federal funds provided under this part.\n \n \n \n \n (III)\n \n \n In the case of\n\t\t\t\tan entity that is a State, expenditures for child care assistance that are\n\t\t\t\tqualified State expenditures (as defined in section 409(a)(7)(B)(i)), but only\n\t\t\t\tto the extent exceeding the total expenditures of the State (other than from\n\t\t\t\tFederal funds) for child care in fiscal year 1994 or 1995 (whichever is the\n\t\t\t\tgreater).\n \n \n \n \n \n (iii)\n \n \n Authority to\n\t\t\t\tcollect and adjust data\n \n \n In\n\t\t\t\tdetermining the amount of the expenditures of a State for basic assistance,\n\t\t\t\tchild care, and subsidized employment, during any period for which the State\n\t\t\t\trequests funds under this subsection, and during the base year of the State,\n\t\t\t\tthe Secretary may make appropriate adjustments to the data, on a State-by-State\n\t\t\t\tbasis, to ensure that the data are comparable with respect to the groups of\n\t\t\t\tfamilies served and the types of aid provided. The Secretary may develop a\n\t\t\t\tmechanism for collecting expenditure data, including procedures which allow\n\t\t\t\tStates to make reasonable estimates, and may set deadlines for making revisions\n\t\t\t\tto the data.\n \n \n \n \n \n \n (4)\n \n \n Use of\n\t\t\t\tgrant\n \n \n Each State to which a\n\t\t\t\tgrant is made under this subsection shall use the grant to serve areas of the\n\t\t\t\tState with the greatest need (as referred to in section 402(a)(1)(A)).\n \n \n \n \n (5)\n \n \n Appropriation\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n Out of any funds in the Treasury of the United States not\n\t\t\t\totherwise appropriated, there are appropriated for payment to the Fund—\n \n \n \n (i)\n \n \n $2,500,000,000 for\n\t\t\t\tfiscal year 2013; and\n \n \n \n \n (ii)\n \n \n for each\n\t\t\t\tsucceeding fiscal year, the amount appropriated under this paragraph for the\n\t\t\t\tthen preceding fiscal year, increased by the percentage (if any) by which the\n\t\t\t\tamount appropriated under section 403(a)(1) for the fiscal year involved\n\t\t\t\texceeds the amount appropriated under such section for the then preceding\n\t\t\t\tfiscal year.\n \n \n \n \n \n (B)\n \n \n Availability\n \n \n Amounts\n\t\t\t\tmade available under this paragraph for a fiscal year shall remain available\n\t\t\t\tuntil expended.\n \n \n \n \n \n (6)\n \n \n Actions to be\n\t\t\t\ttaken in anticipation of exhaustion of fund\n \n \n The Secretary shall\n\t\t\t\tmonitor the amount in, and the rate at which amounts are paid from, the Fund,\n\t\t\t\tand if the Secretary determines that the Fund will be exhausted within 6\n\t\t\t\tmonths, the Secretary shall—\n \n \n \n (A)\n \n \n notify the\n\t\t\t\tCongress of the determination; and\n \n \n \n \n (B)\n \n \n develop and communicate to each State and\n\t\t\t\tIndian tribe that is an economically needy entity as of the date of the\n\t\t\t\tdetermination, the procedure for allocating amounts in the Fund among such\n\t\t\t\tentities.\n \n \n \n \n .\n \n \n \n \n \n (2)\n \n \n Elimination of\n\t\t\t penalty for failure of state receiving amounts from contingency fund to\n\t\t\t maintain 100 percent of historic effort\n \n \n \n (A)\n \n \n In\n\t\t\t general\n \n \n Section 409(a) (\n \n 42 U.S.C. 609(a)\n \n ) is amended by striking\n\t\t\t paragraph (10) and redesignating paragraphs (11) through (16) as paragraphs\n\t\t\t (10) through (15), respectively.\n \n \n \n \n (B)\n \n \n Conforming\n\t\t\t amendments\n \n \n Section 409 (\n \n 42 U.S.C. 609\n \n ) is amended in each of\n\t\t\t subsections (b)(2) and (c)(4), by striking\n \n \n \n \n \n (3)\n \n \n Conforming\n\t\t\t amendment\n \n \n Section 409(a)(3)(C) (\n \n 42 U.S.C. 609(a)(3)(C)\n \n ) is\n\t\t\t amended by striking\n \n \n \n \n (4)\n \n \n Amounts provided\n\t\t\t to territories from the Contingency Fund to be disregarded for purposes of\n\t\t\t limitation on payments to the territories\n \n \n Section 1108(a)(2) (\n \n 42 U.S.C. 1308(a)(2)\n \n )\n\t\t\t is amended by inserting\n \n \n \n \n \n (d)\n \n \n Matching grants\n\t\t\t for subsidized employment\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Section 403(a) (\n \n 42 U.S.C. 603(a)\n \n ), as amended by\n\t\t\t subsection (a)(2) of this section, is further amended by inserting after\n\t\t\t paragraph (2) the following:\n \n \n \n \n (3)\n \n \n Matching grants\n\t\t\t\tfor subsidized employment\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n The Secretary shall\n\t\t\t\tmake a grant—\n \n \n \n (i)\n \n \n to\n\t\t\t\teach eligible State that is 1 of the 50 States or the District of Columbia, for\n\t\t\t\teach fiscal year for which the State is an MOE State; and\n \n \n \n \n (ii)\n \n \n to each State\n\t\t\t\tthat is not 1 of the 50 States or the District of Columbia, and to each Indian\n\t\t\t\ttribe, for each fiscal year for which the State or tribe, as the case may be,\n\t\t\t\tmeets such terms and conditions as the Secretary shall, by regulation,\n\t\t\t\testablish, which shall be comparable to the terms and conditions under which\n\t\t\t\tgrants are made under clause (i).\n \n \n \n \n \n (B)\n \n \n MOE\n\t\t\t\tState\n \n \n In subparagraph (A), the term\n \n MOE State\n \n means\n\t\t\t\ta State if the qualified expenditures of the State (as defined in section\n\t\t\t\t409(a)(7)(B)(i)) for the fiscal year exceeds the applicable percentage (as\n\t\t\t\tdefined in clause (ii) of such section) of inflation-adjusted historic State\n\t\t\t\texpenditures (as defined in clause (iii) of such section) of the State with\n\t\t\t\trespect to the fiscal year.\n \n \n \n \n (C)\n \n \n Amount of\n\t\t\t\tgrant\n \n \n \n (i)\n \n \n States\n \n \n \n (I)\n \n \n In\n\t\t\t\tgeneral\n \n \n The grant to be made to a State under subparagraph (A)(i)\n\t\t\t\tfor a fiscal year shall be in an amount equal to 50 percent of the excess\n\t\t\t\texpenditures of the State for subsidized employment during the fiscal\n\t\t\t\tyear.\n \n \n \n \n (II)\n \n \n Excess\n\t\t\t\texpenditures of the State for subsidized employment\n \n \n The term\n \n excess expenditures of the State for subsidized employment\n \n means,\n\t\t\t\twith respect to a fiscal year, the lesser of—\n \n - \n
\n (aa)\n \n \n the\n\t\t\t\texcess described in subparagraph (B) with respect to the State for the fiscal\n\t\t\t\tyear; or\n \n \n - \n
\n (bb)\n \n \n an amount equal to the total expenditures\n\t\t\t\tof the State for subsidized employment funded under this part or under any\n\t\t\t\tother State program funded by qualified State expenditures (as defined in\n\t\t\t\tsection 409(a)(7)(B)(i)), excluding those with respect to which a grant is made\n\t\t\t\tto the State under subsection (b) of this section, during the fiscal\n\t\t\t\tyear.\n \n \n \n \n \n \n (ii)\n \n \n Indian\n\t\t\t\ttribes\n \n \n The grant to be made to an Indian tribe under this\n\t\t\t\tparagraph shall be in such amount as the Secretary deems appropriate.\n \n \n \n \n \n (D)\n \n \n Use of\n\t\t\t\tgrant\n \n \n Notwithstanding section\n\t\t\t\t404, a State or Indian tribe to which a grant is made under this paragraph\n\t\t\t\tshall use the grant solely to finance subsidized employment activities, and to\n\t\t\t\tserve areas of the State with the greatest need (as referred to in section\n\t\t\t\t402(a)(1)(A)).\n \n \n \n \n (E)\n \n \n Appropriation\n \n \n Out\n\t\t\t\tof any funds in the Treasury of the United States not otherwise appropriated,\n\t\t\t\tthere are appropriated such sums as are necessary for grants under this\n\t\t\t\tparagraph for each fiscal\n\t\t\t\tyear.\n \n \n \n \n .\n \n \n \n \n \n (2)\n \n \n Amounts provided\n\t\t\t to territories from the matching grant to be disregarded for purposes of\n\t\t\t limitation on payments to the territories\n \n \n Section 1108(a)(2) (\n \n 42 U.S.C. 1308(a)(2)\n \n )\n\t\t\t is amended by inserting\n \n \n \n \n (3)\n \n \n Data reports\n\t\t\t required with respect to families that include an individual participating in\n\t\t\t subsidized employment programs\n \n \n Section 411(a)(1)(A) (42 U.S.C.\n\t\t\t 611(a)(1)(A)) is amended, in the matter before clause (i), by inserting\n \n \n \n \n \n (e)\n \n \n Tribal family\n\t\t\t assistance grants\n \n \n Section 412(a)(1) (\n \n 42 U.S.C. 612(a)(1)\n \n ) is\n\t\t\t amended—\n \n \n \n (1)\n \n \n in subparagraph\n\t\t\t (A), by striking\n \n \n \n \n (2)\n \n \n in subparagraph\n\t\t\t (B)—\n \n \n \n (A)\n \n \n by redesignating\n\t\t\t clause (ii) as clause (iii); and\n \n \n \n \n (B)\n \n \n by striking clause\n\t\t\t (i) and inserting the following:\n \n \n \n \n (i)\n \n \n In\n\t\t\t\tgeneral\n \n \n The amount determined\n\t\t\t\tunder this subparagraph for a fiscal year is an amount equal to the sum of the\n\t\t\t\tadjusted historic expenditures for the fiscal year with respect to each State\n\t\t\t\tin which there lies a service area of the Indian tribe is located.\n \n \n \n \n (ii)\n \n \n Adjusted\n\t\t\t\thistoric expenditures defined\n \n \n In clause (i), the term\n \n adjusted\n\t\t\t\thistoric expenditures\n \n means, with respect to a fiscal year, a State, and\n\t\t\t\tan Indian tribe, the total amount of the Federal payments to the State under\n\t\t\t\tsection 403 (as then in effect) for fiscal year 1994 attributable to\n\t\t\t\texpenditures (other than child care expenditures) by the State under parts A\n\t\t\t\tand F (as so in effect) for fiscal year 1994 for Indian families residing in\n\t\t\t\tthe service areas identified by the tribe pursuant to subsection (b)(1)(C) of\n\t\t\t\tthis section that are in the State, increased by the percentage (if any) by\n\t\t\t\twhich the amount of the grant payable under section 403(a)(1) for the fiscal\n\t\t\t\tyear to the State exceeds the amount of the grant so payable to the State for\n\t\t\t\tfiscal year\n\t\t\t\t2010.\n \n \n \n .\n \n \n \n \n \n \n \n (f)\n \n \n Census bureau\n\t\t\t study\n \n \n Section 414 (\n \n 42 U.S.C. 614\n \n ) is amended—\n \n \n \n (1)\n \n \n by striking\n\t\t\t subsection (a) and inserting the following:\n \n \n \n \n (a)\n \n \n In\n\t\t\t\tgeneral\n \n \n The Director of the\n\t\t\t\tBureau of the Census shall conduct a study to assess the effects of policies\n\t\t\t\tand programs related to low-income families, including policies and programs\n\t\t\t\tunder State programs funded under this part or funded with qualified State\n\t\t\t\texpenditures (as defined in section 409(a)(7)(B)(i)), including changes and\n\t\t\t\tpolicies in such programs made pursuant to the Rewriting to Improve and Secure\n\t\t\t\tan Exit Out of Poverty Act. The Director shall design the study in consultation\n\t\t\t\twith the Secretary. Every 5 years, the Director shall, in consultation with the\n\t\t\t\tSecretary, revise the content and nature of the study to reflect emerging\n\t\t\t\tpolicy issues related to low-income\n\t\t\t\tfamilies.\n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (2)\n \n \n in subsection (b),\n\t\t\t by striking\n \n \n \n \n \n (g)\n \n \n Funding of\n\t\t\t studies and evaluations\n \n \n Section 413(h)(1) (\n \n 42 U.S.C. 613(h)(1)\n \n ) is\n\t\t\t amended by striking\n \n \n \n \n (h)\n \n \n Matching grants\n\t\t\t to certain territories\n \n \n Section 1108 (\n \n 42 U.S.C. 1308\n \n ) is\n\t\t\t amended—\n \n \n \n (1)\n \n \n in subsection\n\t\t\t (a)(2), by inserting\n \n \n \n \n (2)\n \n \n in subsection (b)(2), by striking\n \n \n \n \n \n \n 6.\n \n \n Work\n\t\t\t requirements\n \n \n \n (a)\n \n \n Participation\n\t\t\t rate requirement\n \n \n Section 407\n\t\t\t (\n \n 42 U.S.C. 607\n \n ) is amended by striking subsections (a) and (b) and inserting\n\t\t\t the following:\n \n \n \n \n (a)\n \n \n Participation\n\t\t\t\trate requirement\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n A State to which a grant is made under section 403 for a\n\t\t\t\tfiscal year shall achieve a minimum participation rate of 50 percent with\n\t\t\t\trespect to all families residing in the State that include a work-eligible\n\t\t\t\tindividual.\n \n \n \n \n (2)\n \n \n Work-eligible\n\t\t\t\tindividual defined\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n In subsection (a), the term\n \n work-eligible\n\t\t\t\tindividual\n \n , subject to subparagraphs (B) and (C), means—\n \n \n \n (i)\n \n \n an adult recipient of assistance under the\n\t\t\t\tState program funded under this part or under any other State program funded by\n\t\t\t\tqualified State expenditures (as defined in section 409(a)(7)(B)(i));\n \n \n \n \n (ii)\n \n \n a former recipient of such assistance who\n\t\t\t\tis—\n \n \n \n (I)\n \n \n a parent of a\n\t\t\t\tdependent child who is such a recipient; and\n \n \n \n \n (II)\n \n \n no longer\n\t\t\t\teligible for assistance under the State program funded under this part by\n\t\t\t\treason of section 408(a)(7); and\n \n \n \n \n \n (iii)\n \n \n a participant in a subsidized employment\n\t\t\t\tprogram funded under this part or under any other State program funded by\n\t\t\t\tqualified State expenditures (as defined in section 409(a)(7)(B)(i)).\n \n \n \n \n \n (B)\n \n \n Exclusion of\n\t\t\t\tindividuals sanctioned or undergoing pre-sanction review\n \n \n The term\n \n work-eligible individual\n \n does not include any individual with\n\t\t\t\trespect to whom—\n \n \n \n (i)\n \n \n there is in effect\n\t\t\t\ta penalty imposed by the State under subsection (e) of this section; or\n \n \n \n \n (ii)\n \n \n the State has\n\t\t\t\tinitiated (but not completed) the pre-sanction review process pursuant to\n\t\t\t\tsection 408(a)(14)(A).\n \n \n \n \n \n (C)\n \n \n State option to\n\t\t\t\texclude certain individuals\n \n \n A\n\t\t\t\tState may exclude from the term\n \n work-eligible individual\n \n any\n\t\t\t\tresident of the State who is—\n \n \n \n (i)\n \n \n a\n\t\t\t\tsingle parent caring for a child who has not attained 1 year of age;\n \n \n \n \n (ii)\n \n \n a\n\t\t\t\trecipient of supplemental security income benefits under title XVI, disability\n\t\t\t\tinsurance benefits under title II, or other Federal or State benefits based on\n\t\t\t\tdisability;\n \n \n \n \n (iii)\n \n \n an applicant for supplemental security\n\t\t\t\tincome benefits under title XVI;\n \n \n \n \n (iv)\n \n \n an individual who\n\t\t\t\tis needed in the home of the individual to care for a disabled member of the\n\t\t\t\tfamily of the individual; or\n \n \n \n \n (v)\n \n \n an individual who (but for the exercise of\n\t\t\t\tthe State option under this clause) would be a work-eligible individual under a\n\t\t\t\ttribal family assistance plan approved under section 412 or under a tribal work\n\t\t\t\tprogram to which funds are provided under this part.\n \n \n \n \n \n \n \n (b)\n \n \n Calculation of\n\t\t\t\tparticipation rates\n \n \n \n (1)\n \n \n Average monthly\n\t\t\t\trate\n \n \n For purposes of subsection (a), the participation rate of a\n\t\t\t\tState for a fiscal year is the average of the participation rates of the State\n\t\t\t\tfor each month in the fiscal year.\n \n \n \n \n (2)\n \n \n Monthly\n\t\t\t\tparticipation rate\n \n \n For purposes of paragraph (1), the\n\t\t\t\tparticipation rate of a State for a month, expressed as a percentage,\n\t\t\t\tis—\n \n \n \n (A)\n \n \n the number of families residing in the\n\t\t\t\tState that include a work-eligible individual who is engaged in work for the\n\t\t\t\tmonth; divided by\n \n \n \n \n (B)\n \n \n the number of families residing in the\n\t\t\t\tState that include a work-eligible\n\t\t\t\tindividual.\n \n \n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Participation\n\t\t\t requirements\n \n \n Section 407(c) (\n \n 42 U.S.C. 607(c)\n \n ) is amended to read\n\t\t\t as follows:\n \n \n \n \n (c)\n \n \n Engaged in\n\t\t\t\twork\n \n \n For purposes of\n\t\t\t\tsubsection (b):\n \n \n \n (1)\n \n \n General\n\t\t\t\trule\n \n \n An individual is engaged\n\t\t\t\tin work for a month in a fiscal year if the recipient is participating in work\n\t\t\t\tactivities for an average of at least 20 hours per week during the\n\t\t\t\tmonth.\n \n \n \n \n (2)\n \n \n Individuals complying with a modified\n\t\t\t\temployability plan deemed to be engaged in work\n \n \n An individual is deemed to be engaged in\n\t\t\t\twork for a month if the State determines that the individual is in substantial\n\t\t\t\tcompliance with the activities and hourly participation requirements of a\n\t\t\t\tmodified employability plan developed for the individual in accordance with\n\t\t\t\tsection 408(h).\n \n \n \n \n (3)\n \n \n Single teen head\n\t\t\t\tof household or married teen who maintains satisfactory school attendance\n\t\t\t\tdeemed to be engaged in work\n \n \n An individual who is married or a\n\t\t\t\thead of household and has not attained 20 years of age is deemed to be engaged\n\t\t\t\tin work for a month if the recipient maintains satisfactory attendance at\n\t\t\t\tsecondary school or the equivalent during the\n\t\t\t\tmonth.\n \n \n \n \n .\n \n \n \n \n \n (c)\n \n \n Elimination of\n\t\t\t 12-Month limit on counting vocational educational training as a work\n\t\t\t activity\n \n \n Section 407(d)(8)\n\t\t\t (\n \n 42 U.S.C. 607(d)(8)\n \n ) is amended by striking\n \n \n \n \n \n 7.\n \n \n Work\n\t\t\t rules\n \n \n \n (a)\n \n \n Option of\n\t\t\t recipient To have trained personnel assess certain barriers to employment;\n\t\t\t additional matters required To be assessed\n \n \n Section 408(b)(1) (\n \n 42 U.S.C. 608(b)(1)\n \n ) is\n\t\t\t amended—\n \n \n \n (1)\n \n \n by inserting\n \n \n \n \n (2)\n \n \n by striking\n \n \n \n \n \n (b)\n \n \n Individual\n\t\t\t responsibility plans\n \n \n \n (1)\n \n \n Plans required;\n\t\t\t plans to include well-being plans for children\n \n \n Section 408(b)(2)(A) (42 U.S.C.\n\t\t\t 608(b)(2)(A)) is amended—\n \n \n \n (A)\n \n \n in the matter\n\t\t\t preceding clause (i), by striking\n \n \n \n \n (B)\n \n \n in clause (iv)—\n \n \n \n (i)\n \n \n by\n\t\t\t inserting\n \n \n \n \n (ii)\n \n \n by\n\t\t\t striking\n \n \n \n \n \n (C)\n \n \n in clause (v), by\n\t\t\t striking the period and inserting\n \n \n \n \n (D)\n \n \n by adding at the\n\t\t\t end the following:\n \n \n \n \n (vi)\n \n \n describe a well-being plan for each child\n\t\t\t\tin the\n\t\t\t\tfamily.\n \n \n \n .\n \n \n \n \n \n \n (2)\n \n \n Deadline for\n\t\t\t completion of plan\n \n \n Section\n\t\t\t 408(b)(2)(B) (\n \n 42 U.S.C. 608(b)(2)(B)\n \n ) is amended by striking\n \n \n \n \n (3)\n \n \n Sanction for\n\t\t\t failure of State to develop plan\n \n \n Section 409(a) (42 U.S.C.\n\t\t\t 609(a)), as amended by section 5(c)(2)(A) of this Act, is amended by adding at\n\t\t\t the end the following:\n \n \n \n \n (16)\n \n \n Penalty for\n\t\t\t\tfailure of State to develop required individual responsibility plan\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n If the Secretary\n\t\t\t\tdetermines that a State to which a grant is made under section 403 in a fiscal\n\t\t\t\tyear has violated section 408(b)(2) during the fiscal year, the Secretary shall\n\t\t\t\treduce the grant payable to the State under section 403(a)(1) for the\n\t\t\t\timmediately succeeding fiscal year by an amount equal to not more than 5\n\t\t\t\tpercent of the State family assistance grant.\n \n \n \n \n (B)\n \n \n Penalty based on\n\t\t\t\tseverity of failure\n \n \n The Secretary shall impose reductions under\n\t\t\t\tsubparagraph (A) with respect to a fiscal year based on the degree of\n\t\t\t\tnoncompliance.\n \n \n \n \n .\n \n \n \n \n \n (4)\n \n \n Conforming\n\t\t\t amendment\n \n \n Section 408(b) (\n \n 42 U.S.C. 608(b)\n \n ) is amended by\n\t\t\t striking paragraph (4).\n \n \n \n \n \n (c)\n \n \n Modified\n\t\t\t employability plans for certain individuals with disabilities\n \n \n Section 408 (\n \n 42 U.S.C. 608\n \n ) is amended by\n\t\t\t adding at the end the following:\n \n \n \n \n (h)\n \n \n Authority To develop modified employability\n\t\t\t\tplan for a recipient of assistance with, or caring for a family member with, a\n\t\t\t\tdisability\n \n \n \n (1)\n \n \n In general\n \n \n A State may develop a modified\n\t\t\t\temployability plan for a recipient of assistance under the State program funded\n\t\t\t\tunder this part—\n \n \n \n (A)\n \n \n who—\n \n \n \n (i)\n \n \n is\n\t\t\t\ta work-eligible individual (as defined in section 407(a)(2)); and\n \n \n \n \n (ii)\n \n \n has been\n\t\t\t\tdetermined by a qualified medical, mental health, addiction, or social services\n\t\t\t\tprofessional (as determined by the State) to have a disability; or\n \n \n \n \n \n (B)\n \n \n who is caring for\n\t\t\t\ta family member with a disability (as so determined).\n \n \n \n \n \n (2)\n \n \n Contents of\n\t\t\t\tplan\n \n \n The modified employability plan shall—\n \n \n \n (A)\n \n \n include a determination that, because of\n\t\t\t\tthe disability of the recipient or the individual for whom the recipient is\n\t\t\t\tcaring, reasonable modification of work activities, hourly participation\n\t\t\t\trequirements, or both, is needed in order for the recipient to participate in\n\t\t\t\tthe activities;\n \n \n \n \n (B)\n \n \n describe the modified work activities in\n\t\t\t\twhich the recipient is required to participate;\n \n \n \n \n (C)\n \n \n specify the number of hours per week for\n\t\t\t\twhich the recipient is required to participate in the modified work activities,\n\t\t\t\tbased on an evaluation by the State of the circumstances of the family;\n \n \n \n \n (D)\n \n \n describe the services, supports, and\n\t\t\t\tmodifications that the State will provide to the recipient or the family of the\n\t\t\t\trecipient;\n \n \n \n \n (E)\n \n \n be developed in cooperation with the\n\t\t\t\trecipient; and\n \n \n \n \n (F)\n \n \n be reviewed not less often than every 6\n\t\t\t\tmonths.\n \n \n \n \n \n (3)\n \n \n Definitions\n \n \n In this subsection:\n \n \n \n (A)\n \n \n Disability\n \n \n The term\n \n disability\n \n means a\n\t\t\t\tmental or physical impairment, including substance abuse or addiction,\n\t\t\t\tthat—\n \n \n \n (i)\n \n \n constitutes or results in a substantial\n\t\t\t\timpediment to employment; or\n \n \n \n \n (ii)\n \n \n substantially limits 1 or more major life\n\t\t\t\tactivities.\n \n \n \n \n \n (B)\n \n \n Modified work activities\n \n \n The term\n \n modified work\n\t\t\t\tactivities\n \n means activities which the State has determined will help the\n\t\t\t\trecipient become\n\t\t\t\temployable.\n \n \n \n \n \n .\n \n \n \n \n \n (d)\n \n \n Sanctions\n \n \n \n (1)\n \n \n General sanction\n\t\t\t provisions\n \n \n \n (A)\n \n \n Prohibition on\n\t\t\t imposing lifetime or full family sanction\n \n \n \n (i)\n \n \n Prohibition\n \n \n Section 408(a) (\n \n 42 U.S.C. 608(a)\n \n ) is\n\t\t\t amended by adding at the end the following:\n \n \n \n \n (13)\n \n \n Prohibition on\n\t\t\t\timposing lifetime or full family sanction\n \n \n A State to which a grant is made under\n\t\t\t\tsection 403 shall not impose a lifetime prohibition on the provision of\n\t\t\t\tassistance to any individual or family under the State program funded under\n\t\t\t\tthis part or under a program funded with qualified State expenditures (as\n\t\t\t\tdefined in section 409(a)(7)(B)(i)) on the basis of the failure of a member of\n\t\t\t\tthe family to comply with a program\n\t\t\t\trequirement.\n \n \n \n .\n \n \n \n \n \n (ii)\n \n \n Penalty\n \n \n Section\n\t\t\t 409(a) (\n \n 42 U.S.C. 609\n \n ), as amended by section 5(c)(2)(A) of this Act and\n\t\t\t subsection (b)(3) of this section, is amended by adding at the end the\n\t\t\t following:\n \n \n \n \n (17)\n \n \n Penalty for\n\t\t\t\timposing lifetime or full family sanction\n \n \n If the Secretary determines that a State to\n\t\t\t\twhich a grant is made under section 403 in a fiscal year has violated section\n\t\t\t\t408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable\n\t\t\t\tto the State under section 403(a)(1) for the immediately succeeding fiscal year\n\t\t\t\tby an amount equal to 5 percent of the State family assistance\n\t\t\t\tgrant.\n \n \n \n .\n \n \n \n \n \n \n (B)\n \n \n Due process\n\t\t\t protections\n \n \n \n (i)\n \n \n In\n\t\t\t general\n \n \n Section 408(a) (\n \n 42 U.S.C. 608(a)\n \n ), as amended by\n\t\t\t subparagraph (A)(i) of this paragraph, is amended by adding at the end the\n\t\t\t following:\n \n \n \n \n (14)\n \n \n Sanction\n\t\t\t\tprocedures\n \n \n \n (A)\n \n \n Pre-sanction\n\t\t\t\treview process\n \n \n Before imposing a sanction against an individual\n\t\t\t\tor family receiving assistance under the State program funded under this part\n\t\t\t\tor under a program funded with qualified State expenditures (as defined in\n\t\t\t\tsection 409(a)(7)(B)(i)) for failure to comply with program requirements, the\n\t\t\t\tState shall take the following steps:\n \n \n \n (i)\n \n \n Provide or send\n\t\t\t\tnotice to the individual or family, and, if the recipient’s native language is\n\t\t\t\tnot English, through a culturally competent written or verbal translation, of\n\t\t\t\tthe following information:\n \n \n \n (I)\n \n \n The specific\n\t\t\t\treason for the proposed sanction.\n \n \n \n \n (II)\n \n \n The amount of the\n\t\t\t\tproposed sanction.\n \n \n \n \n (III)\n \n \n The length of\n\t\t\t\ttime during which the proposed sanction would be in effect.\n \n \n \n \n (IV)\n \n \n The steps\n\t\t\t\trequired to come into compliance or to show good cause for\n\t\t\t\tnoncompliance.\n \n \n \n \n (V)\n \n \n That the agency\n\t\t\t\twill provide assistance to help the individual demonstrate good cause for\n\t\t\t\tnoncompliance, or come into compliance with program requirements.\n \n \n \n \n (VI)\n \n \n That the\n\t\t\t\tindividual may appeal the determination to impose a sanction, and the steps\n\t\t\t\tthat the individual must take to pursue such an appeal.\n \n \n \n \n \n (ii)\n \n \n \n (I)\n \n \n Ensure that, subject to\n\t\t\t\tclause (iii)—\n \n - \n
\n (aa)\n \n \n an individual, other than the\n\t\t\t\tindividual who determined that a sanction be imposed, will review the\n\t\t\t\tdetermination and have the authority to take the actions described in subclause\n\t\t\t\t(II); and\n \n \n - \n
\n (bb)\n \n \n the individual or family against whom\n\t\t\t\tthe sanction is to be imposed shall be afforded the opportunity to meet with\n\t\t\t\tthe individual who is reviewing the determination to impose the\n\t\t\t\tsanction.\n \n \n \n \n \n (II)\n \n \n The action described in this subclause\n\t\t\t\tare the following:\n \n - \n
\n (aa)\n \n \n Modify the determination to impose a\n\t\t\t\tsanction.\n \n \n - \n
\n (bb)\n \n \n Determine that there was good cause\n\t\t\t\tfor the failure to comply.\n \n \n - \n
\n (cc)\n \n \n Recommend modifications to the\n\t\t\t\tindividual responsibility or employment plan of an individual.\n \n \n - \n
\n (dd)\n \n \n Make such other determinations and\n\t\t\t\ttake such other actions as may be appropriate.\n \n \n \n \n \n \n (iii)\n \n \n The review\n\t\t\t\trequired under clause (ii) shall include consideration of the following:\n \n \n \n (I)\n \n \n To the extent\n\t\t\t\tapplicable, whether barriers to compliance exist, such as a physical or mental\n\t\t\t\timpairment (including mental illness, substance abuse, mental retardation, or a\n\t\t\t\tlearning disability), domestic or sexual violence, limited proficiency in\n\t\t\t\tEnglish, limited literacy, homelessness, or the need to care for a child with a\n\t\t\t\tdisability or health condition, that contributed to the noncompliance.\n \n \n \n \n (II)\n \n \n Whether the\n\t\t\t\tnoncompliance resulted from failure to receive or have access to services\n\t\t\t\tidentified as necessary in an individual responsibility or employment\n\t\t\t\tplan.\n \n \n \n \n (III)\n \n \n Whether changes\n\t\t\t\tto the individual responsibility or employment plan of an individual should be\n\t\t\t\tmade in order for the individual to come into compliance.\n \n \n \n \n (IV)\n \n \n Whether there is\n\t\t\t\tgood cause for any noncompliance.\n \n \n \n \n (V)\n \n \n Whether the\n\t\t\t\tsanction policies of the State have been applied properly.\n \n \n \n \n \n \n (B)\n \n \n Sanction\n\t\t\t\tfollow-up requirements\n \n \n If a State imposes a sanction on a family\n\t\t\t\tor individual for failing to comply with program requirements, the State\n\t\t\t\tshall—\n \n \n \n (i)\n \n \n provide or send\n\t\t\t\tnotice to the individual or family, in language calculated to be understood by\n\t\t\t\tthe individual or family, and, if the individual’s or family’s native language\n\t\t\t\tis not English, through a culturally competent translation, of the reason for\n\t\t\t\tthe sanction and the steps the individual or family must take to end the\n\t\t\t\tsanction;\n \n \n \n \n (ii)\n \n \n resume full\n\t\t\t\tassistance, services, or benefits to the individual or family under the program\n\t\t\t\t(if the individual or family is otherwise eligible for the assistance,\n\t\t\t\tservices, or benefits) once the individual who was not in compliance with\n\t\t\t\tprogram requirements that led to the sanction complies with the requirements\n\t\t\t\tfor a reasonable period of time, as determined by the State and subject to\n\t\t\t\tState discretion to reduce the period; and\n \n \n \n \n (iii)\n \n \n if the State has\n\t\t\t\tnot resumed providing the assistance, services, or benefits as of the end of\n\t\t\t\tthe 120-day period that begins on the date that is 60 days after the date on\n\t\t\t\twhich the sanction was imposed, provide notice to the individual or family, in\n\t\t\t\tlanguage calculated to be understood by the individual or family, of the steps\n\t\t\t\tthe individual or family must take to end the sanction, and of the availability\n\t\t\t\tof assistance to come into compliance or demonstrate good cause for\n\t\t\t\tnoncompliance.\n \n \n \n \n \n (C)\n \n \n Notice to\n\t\t\t\tevicted persons\n \n \n The State\n\t\t\t\tshall make a reasonable effort to provide to an individual or family that has\n\t\t\t\tbeen evicted from a residence for failure to pay rent or as a result of another\n\t\t\t\tproblem related to poverty, any notice required by this paragraph to be\n\t\t\t\tprovided to the individual or\n\t\t\t\tfamily.\n \n \n \n \n .\n \n \n \n \n \n (ii)\n \n \n Penalty\n \n \n Section 409(a) (\n \n 42 U.S.C. 609(a)\n \n ), as\n\t\t\t amended by section 5(c)(2)(A) of this Act, subsection (b)(3) of this section,\n\t\t\t and subparagraph (A)(ii) of this paragraph, is amended by adding at the end the\n\t\t\t following:\n \n \n \n \n (18)\n \n \n Penalty for\n\t\t\t\tfailure to follow sanction procedures\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n If the Secretary determines that a State to which a grant\n\t\t\t\tis made under section 403 in a fiscal year has violated section 408(a)(14)\n\t\t\t\tduring the fiscal year, the Secretary shall reduce the grant payable to the\n\t\t\t\tState under section 403(a)(1) for the immediately succeeding fiscal year by an\n\t\t\t\tamount equal to not more than 5 percent of the State family assistance\n\t\t\t\tgrant.\n \n \n \n \n (B)\n \n \n Penalty based on\n\t\t\t\tseverity of failure\n \n \n The Secretary shall impose reductions under\n\t\t\t\tsubparagraph (A) with respect to a fiscal year based on the degree of\n\t\t\t\tnoncompliance.\n \n \n \n \n .\n \n \n \n \n \n (iii)\n \n \n State plan\n\t\t\t requirement to describe how states will notify applicants and recipients of\n\t\t\t their rights under the program and of potential benefits and services available\n\t\t\t under the program\n \n \n Section 402(a)(1)(B)(iii) (42 U.S.C.\n\t\t\t 602(a)(1)(B)(iii)) is amended by inserting\n \n \n \n \n \n \n (2)\n \n \n Modifications to\n\t\t\t work sanction\n \n \n \n (A)\n \n \n Elimination of\n\t\t\t full family sanction; State required to establish certain good cause\n\t\t\t exceptions\n \n \n Section 407(e)(1) (\n \n 42 U.S.C. 607(e)(1)\n \n ) is\n\t\t\t amended—\n \n \n \n (i)\n \n \n by\n\t\t\t striking\n \n \n \n \n (ii)\n \n \n by\n\t\t\t striking\n \n \n \n \n \n (B)\n \n \n Prohibition on\n\t\t\t sanctioning individual for failure to engage in work if individual has a child\n\t\t\t under age 6 months or if failure results from inability to secure child care or\n\t\t\t after-school arrangements for a child under age 13\n \n \n Section\n\t\t\t 407(e)(2) (\n \n 42 U.S.C. 607(e)(2)\n \n ) is amended by striking\n \n \n \n failure of\n\t\t\t an individual to engage in work required in accordance with this section\n\t\t\t if—\n \n \n \n (A)\n \n \n the individual is a single custodial parent\n\t\t\t\tcaring for a child who has not attained 6 months of age; or\n \n \n \n \n (B)\n \n \n the individual is\n\t\t\t\tthe single custodial parent caring for a child who has not attained 13 years of\n\t\t\t\tage, and the failure resulted from the inability of the individual to secure\n\t\t\t\tchild care or after-school arrangements for the\n\t\t\t\tchild\n \n \n \n .\n \n \n \n \n \n \n (3)\n \n \n Modifications to\n\t\t\t child support sanction\n \n \n Section 408(a)(2) (\n \n 42 U.S.C. 608(a)(2)\n \n ) is\n\t\t\t amended by striking\n \n \n \n \n \n (e)\n \n \n Related state\n\t\t\t plan requirement\n \n \n Section 402(a) (\n \n 42 U.S.C. 602(a)\n \n ) is amended by\n\t\t\t adding at the end the following:\n \n \n \n \n (8)\n \n \n Certification\n\t\t\t\tthat employment assessments and sanction reviews will be conducted by competent\n\t\t\t\tpersonnel\n \n \n A certification by\n\t\t\t\tthe chief executive officer of the State that the employment assessments\n\t\t\t\tconducted pursuant to section 408(b)(1) and the sanction reviews conducted\n\t\t\t\tpursuant to section 408(a)(14)(A) will be conducted by personnel who have\n\t\t\t\tsufficient education, training, and professional competence to do so, which\n\t\t\t\tshall include information on the education, training, and professional\n\t\t\t\tcompetence that State will require of the\n\t\t\t\tpersonnel.\n \n \n \n .\n \n \n \n \n \n \n 8.\n \n \n Prohibition on\n\t\t\t imposing limit of less than 60 months on duration of assistance\n \n \n \n (a)\n \n \n Prohibition\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Section 408(a)(7) (42\n\t\t\t U.S.C. 608(a)(7)) is amended—\n \n \n \n (A)\n \n \n in the paragraph\n\t\t\t heading, by striking\n \n \n \n \n (B)\n \n \n in the heading for\n\t\t\t subparagraph (A), by striking\n \n \n \n \n (C)\n \n \n by adding at the\n\t\t\t end the following:\n \n \n \n \n (H)\n \n \n Prohibition on\n\t\t\t\tlimiting duration of assistance to less than 60 months\n \n \n A State to which a grant is made under\n\t\t\t\tsection 403 shall not impose a limit of less than 60 months on the duration for\n\t\t\t\twhich a family may be provided assistance from Federal or State funds under the\n\t\t\t\tState program funded under this part or under a program funded with qualified\n\t\t\t\tState expenditures (as defined in section\n\t\t\t\t409(a)(7)(B)(i)).\n \n \n \n .\n \n \n \n \n \n \n (2)\n \n \n Conforming\n\t\t\t amendment\n \n \n The heading of section 409(a)(9) (\n \n 42 U.S.C. 609(a)(9)\n \n )\n\t\t\t is amended by striking\n \n \n \n \n \n (b)\n \n \n Requirement To\n\t\t\t conduct outreach To inform potentially eligible families of elimination of\n\t\t\t durational limit on assistance of less than 60 months\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Section 408(a) (\n \n 42 U.S.C. 608(a)\n \n ), as amended by section\n\t\t\t 7(d)(1) of this Act, is amended by adding at the end the following:\n \n \n \n \n (15)\n \n \n Requirement to\n\t\t\t\tconduct outreach to inform potentially eligible recipients of assistance of\n\t\t\t\telimination of durational limit on assistance of less than 60\n\t\t\t\tmonths\n \n \n A State to which a\n\t\t\t\tgrant is made under section 403 for a fiscal year that, before the effective\n\t\t\t\tdate of this paragraph, denied assistance under the State program funded under\n\t\t\t\tthis part or any other State program funded by qualified State expenditures (as\n\t\t\t\tdefined in section 409(a)(7)(B)(i)) to an individual or family on the basis of\n\t\t\t\ta durational limit on the assistance that was imposed other than under section\n\t\t\t\t408(a)(7) shall conduct outreach to inform individuals and families who were so\n\t\t\t\tdenied that they may be eligible for additional months of the\n\t\t\t\tassistance.\n \n \n \n .\n \n \n \n \n \n (2)\n \n \n Penalty\n \n \n Section 409(a) (\n \n 42 U.S.C. 609(a)\n \n ), as\n\t\t\t amended by sections 5(c)(2)(A) and 7(d)(1) of this Act, is amended by adding at\n\t\t\t the end the following:\n \n \n \n \n (19)\n \n \n Failure to\n\t\t\t\tconduct outreach to inform potentially eligible recipients of assistance of\n\t\t\t\telimination of durational limit on assistance of less than 60\n\t\t\t\tmonths\n \n \n If the Secretary\n\t\t\t\tdetermines that a State to which a grant is made under section 403 in a fiscal\n\t\t\t\tyear has violated section 408(a)(15) during the fiscal year, the Secretary\n\t\t\t\tshall reduce the grant payable to the State under section 403(a)(1) for the\n\t\t\t\timmediately succeeding fiscal year by an amount equal to 5 percent of the State\n\t\t\t\tfamily assistance\n\t\t\t\tgrant.\n \n \n \n .\n \n \n \n \n \n \n (c)\n \n \n State plan\n\t\t\t required To include description of how potentially eligible recipients will be\n\t\t\t informed of elimination of durational limit on assistance of less than 60\n\t\t\t months\n \n \n Section 402(a)(1)(B) (\n \n 42 U.S.C. 602(a)(1)(B)\n \n ) is amended\n\t\t\t by adding at the end the following:\n \n \n \n \n (vi)\n \n \n In the case of a State that, before the\n\t\t\t\tdate this clause takes effect, denied assistance under the program to an\n\t\t\t\tindividual or family on the basis of a durational limit on the assistance that\n\t\t\t\twas imposed other than under section 408(a)(7), the document shall describe how\n\t\t\t\tthe State intends to inform the individuals and families who were so denied\n\t\t\t\tthat they may be eligible for additional months of the\n\t\t\t\tassistance.\n \n \n \n .\n \n \n \n \n \n \n 9.\n \n \n Response of TANF\n\t\t\t program to economic recessions\n \n \n \n (a)\n \n \n Inapplicability\n\t\t\t of durational limit on assistance\n \n \n Section 408(a)(7) (\n \n 42 U.S.C. 608(a)(7)\n \n ), as\n\t\t\t amended by section 8(a)(1)(C) of this Act, is amended by adding at the end the\n\t\t\t following:\n \n \n \n \n (I)\n \n \n Inapplicability\n\t\t\t\tof durational limit during recession\n \n \n Subparagraph (A) shall not apply in a State\n\t\t\t\tduring any month which is in a high unemployment period with respect to the\n\t\t\t\tState.\n \n \n \n \n (J)\n \n \n Disregard of\n\t\t\t\tassistance provided during recession\n \n \n In determining the number of months for\n\t\t\t\twhich an adult has received assistance under a State or tribal program funded\n\t\t\t\tunder this part or any other State program funded by qualified State\n\t\t\t\texpenditures (as defined in section 409(a)(7)(B)(i)), the State or tribe shall\n\t\t\t\tdisregard any month which is in a high unemployment period with respect to the\n\t\t\t\tState.\n \n \n \n \n (K)\n \n \n 6-month grace\n\t\t\t\tperiod required after recession\n \n \n Subparagraph (A) shall not apply to a\n\t\t\t\trecipient of assistance under the State program funded under this part or any\n\t\t\t\tother State program funded by qualified State expenditures (as defined in\n\t\t\t\tsection 409(a)(7)(B)(i)) during the 6-month period that begins with the month\n\t\t\t\timmediately following a high unemployment period with respect to the State if\n\t\t\t\tthe recipient received the assistance for the last month of the\n\t\t\t\tperiod.\n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Requirement To\n\t\t\t conduct outreach To inform potentially eligible families of suspension of\n\t\t\t durational limit on assistance\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Section 408(a) (\n \n 42 U.S.C. 608(a)\n \n ), as amended by sections\n\t\t\t 7(d)(1) and 8(b)(1) of this Act, is amended by adding at the end the\n\t\t\t following:\n \n \n \n \n (16)\n \n \n Requirement to\n\t\t\t\tconduct outreach to inform potentially eligible recipients of assistance of\n\t\t\t\tsuspension of durational limit on assistance\n \n \n In each month which is a high unemployment\n\t\t\t\tperiod with respect to a State to which a grant is made under section 403 for a\n\t\t\t\tfiscal year, the State shall conduct outreach to inform individuals and\n\t\t\t\tfamilies who are potentially eligible for assistance under the State program\n\t\t\t\tfunded under this part or any other State program funded by qualified State\n\t\t\t\texpenditures (as defined in section 409(a)(7)(B)(i)) of the suspension of any\n\t\t\t\tdurational limit on assistance under the\n\t\t\t\tprogram.\n \n \n \n .\n \n \n \n \n \n (2)\n \n \n Penalty\n \n \n Section 409(a) (\n \n 42 U.S.C. 609(a)\n \n ), as\n\t\t\t amended by sections 5(c)(2)(A), 7(d)(1), and 8(b)(2) of this Act, is amended by\n\t\t\t adding at the end the following:\n \n \n \n \n (20)\n \n \n Failure to\n\t\t\t\tconduct outreach to inform potentially eligible recipients of assistance of\n\t\t\t\tsuspension of durational limit on assistance\n \n \n If the Secretary determines that a State to\n\t\t\t\twhich a grant is made under section 403 in a fiscal year has violated section\n\t\t\t\t408(a)(16) during the fiscal year, the Secretary shall reduce the grant payable\n\t\t\t\tto the State under section 403(a)(1) for the immediately succeeding fiscal year\n\t\t\t\tby an amount equal to 5 percent of the State family assistance\n\t\t\t\tgrant.\n \n \n \n .\n \n \n \n \n \n \n (c)\n \n \n State plan\n\t\t\t required To include description of how potentially eligible recipients will be\n\t\t\t informed of suspension of time limits during recession\n \n \n Section\n\t\t\t 402(a)(1)(B) (\n \n 42 U.S.C. 602(a)(1)(B)\n \n ), as amended by section 8(c) of this Act,\n\t\t\t is amended by adding at the end the following:\n \n \n \n \n (vii)\n \n \n The document shall describe how the State\n\t\t\t\tintends to inform potentially eligible recipients of assistance under the\n\t\t\t\tprogram of the suspension of durational limits on the assistance during a high\n\t\t\t\tunemployment period with respect to the\n\t\t\t\tState.\n \n \n \n .\n \n \n \n \n \n (d)\n \n \n High\n\t\t\t unemployment period defined\n \n \n Section 419 (\n \n 42 U.S.C. 619\n \n ) is\n\t\t\t amended by adding at the end the following:\n \n \n \n \n (6)\n \n \n High\n\t\t\t\tunemployment period defined\n \n \n The term\n \n high unemployment\n\t\t\t\tperiod\n \n means, with respect to a State, a period of 1 or more consecutive\n\t\t\t\tmonths if the average rate of total unemployment in the State (seasonally\n\t\t\t\tadjusted) for the period consisting of the then most recent 3 months for which\n\t\t\t\tdata for all States are published equals or exceeds 6.5\n\t\t\t\tpercent.\n \n \n \n .\n \n \n \n \n \n \n 10.\n \n \n Requirement that\n\t\t\t States use merit-based system in administration of TANF programs\n \n \n \n (a)\n \n \n Program\n\t\t\t requirement\n \n \n Section 408(a)\n\t\t\t (\n \n 42 U.S.C. 608(a)\n \n ), as amended by sections 7(d)(1), 8(b)(1), and 9(b)(1) of\n\t\t\t this Act, is amended by adding at the end the following:\n \n \n \n \n (17)\n \n \n Requirement to\n\t\t\t\tuse merit-based system in administering program\n \n \n A State to which a grant is made under\n\t\t\t\tsection 403 shall establish and maintain personnel standards through a\n\t\t\t\tmerit-based system, in administering the State program funded under this part\n\t\t\t\tand any other State program funded by qualified State expenditures (as defined\n\t\t\t\tin section\n\t\t\t\t409(a)(7)(B)(i)).\n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Penalty\n \n \n Section\n\t\t\t 409(a) (\n \n 42 U.S.C. 609\n \n ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2),\n\t\t\t and 9(b)(2) of this Act, is amended by adding at the end the following:\n \n \n \n \n (21)\n \n \n Penalty for\n\t\t\t\tfailure to use merit-based system in administering program\n \n \n If the Secretary determines that a State to\n\t\t\t\twhich a grant is made under section 403 in a fiscal year has violated section\n\t\t\t\t408(a)(17) during the fiscal year, the Secretary shall reduce the grant payable\n\t\t\t\tto the State under section 403(a)(1) for the immediately succeeding fiscal year\n\t\t\t\tby an amount equal to 5 percent of the State family assistance\n\t\t\t\tgrant.\n \n \n \n .\n \n \n \n \n \n \n 11.\n \n \n Ban on using\n\t\t\t Federal TANF funds to replace State and local spending that does not meet the\n\t\t\t definition of qualified State expenditures\n \n \n \n (a)\n \n \n Prohibition\n \n \n Section 408(a) (\n \n 42 U.S.C. 608(a)\n \n ), as\n\t\t\t amended by sections 7(d)(1), 8(b)(1), 9(b)(1), and 10(a) of this Act, is\n\t\t\t amended by adding at the end the following:\n \n \n \n \n (18)\n \n \n Ban on using\n\t\t\t\tfederal TANF funds to replace state or local spending that is not a qualified\n\t\t\t\tstate expenditure\n \n \n A State to\n\t\t\t\twhich a grant is made under section 403, and a sub-State entity that receives\n\t\t\t\tfunds from such a grant, shall not expend any part of the grant funds to\n\t\t\t\tsupplant State or local spending for benefits or services which are not\n\t\t\t\tqualified State expenditures (within the meaning of section\n\t\t\t\t409(a)(7)(B)(i)).\n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Penalty\n \n \n Section\n\t\t\t 409(a) (\n \n 42 U.S.C. 609\n \n ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2),\n\t\t\t 9(b)(2), and 10(b) of this Act, is amended by adding at the end the\n\t\t\t following:\n \n \n \n \n (22)\n \n \n Use of federal\n\t\t\t\tTANF funds to replace state or local spending that is not a qualified state\n\t\t\t\texpenditure\n \n \n If the Secretary\n\t\t\t\tdetermines that a State to which a grant is made under section 403 in a fiscal\n\t\t\t\tyear has violated section 408(a)(18) during the fiscal year, the Secretary\n\t\t\t\tshall reduce the grant payable to the State under section 403(a)(1) for the\n\t\t\t\timmediately succeeding fiscal year by an amount equal to 5 percent of the State\n\t\t\t\tfamily assistance\n\t\t\t\tgrant.\n \n \n \n .\n \n \n \n \n \n \n 12.\n \n \n TANF assistance\n\t\t\t to meet basic family economic needs\n \n \n \n (a)\n \n \n State plan\n\t\t\t requirement\n \n \n Section 402(a)(1)(B) (\n \n 42 U.S.C. 602(a)(1)(B)\n \n ), as\n\t\t\t amended by sections 8(c) and 9(d) of this Act, is amended by adding at the end\n\t\t\t the following:\n \n \n \n \n (viii)\n \n \n Family budget\n\t\t\t\tprovisions\n \n \n The document shall\n\t\t\t\tset forth a family budget of a dollar amount sufficient to meet the basic\n\t\t\t\teconomic needs (including food, clothing, shelter, utilities, household goods,\n\t\t\t\tpersonal care items, and general incidental expenses) of a family, how the\n\t\t\t\tfamily budget is adjusted for family size, the method used to estimate the\n\t\t\t\tfamily budget (including a statement of the relationship between shelter and\n\t\t\t\tutility costs and the fair market rents in localities in the State), and the\n\t\t\t\trelationship between the amount of assistance provided to each family under the\n\t\t\t\tprogram and the amount of the family budget for the\n\t\t\t\tfamily.\n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Program\n\t\t\t requirement\n \n \n Section 408(a)\n\t\t\t (\n \n 42 U.S.C. 608(a)\n \n ), as amended by sections 7(d)(1), 8(b)(1), 9(b)(1), 10(a),\n\t\t\t and 11(a) of this Act, is amended by adding at the end the following:\n \n \n \n \n (19)\n \n \n Requirement\n\t\t\t\tthat amount of assistance meet basic economic needs\n \n \n A State to which a grant is made under\n\t\t\t\tsection 403 shall ensure that the total amount of assistance provided to a\n\t\t\t\tfamily under the State program funded under this part and all programs funded\n\t\t\t\twith qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for\n\t\t\t\twhich the family is eligible is sufficient to meet the basic economic needs of\n\t\t\t\tthe family, taking into account all earned and unearned income of the family\n\t\t\t\tand an amount not to exceed the value of the supplemental nutrition assistance\n\t\t\t\tbenefits provided to the family under the Food and Nutrition Act of\n\t\t\t\t2008.\n \n \n \n .\n \n \n \n \n \n (c)\n \n \n Penalty\n \n \n Section\n\t\t\t 409(a) (\n \n 42 U.S.C. 609\n \n ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2),\n\t\t\t 9(b)(2), 10(b), and 11(b) of this Act, is amended by adding at the end the\n\t\t\t following:\n \n \n \n \n (23)\n \n \n Penalty for\n\t\t\t\tfailure of State tanf assistance to meet basic economic needs of a recipient\n\t\t\t\tfamily\n \n \n If the Secretary\n\t\t\t\tdetermines that a State to which a grant is made under section 403 in a fiscal\n\t\t\t\tyear has violated section 408(a)(19) during the fiscal year, the Secretary\n\t\t\t\tshall reduce the grant payable to the State under section 403(a)(1) for the\n\t\t\t\timmediately succeeding fiscal year by an amount equal to 5 percent of the State\n\t\t\t\tfamily assistance\n\t\t\t\tgrant.\n \n \n \n .\n \n \n \n \n \n \n 13.\n \n \n State plans and\n\t\t\t reports on child poverty\n \n \n \n (a)\n \n \n Child poverty\n\t\t\t reduction as a purpose of the TANF program\n \n \n Section 401(a)(1) (\n \n 42 U.S.C. 601(a)(1)\n \n ) is\n\t\t\t amended by redesignating paragraphs (1) through (4) as paragraphs (2) through\n\t\t\t (5), respectively, and by inserting before paragraph (2) (as so redesignated)\n\t\t\t the following:\n \n \n \n \n (1)\n \n \n reduce poverty among\n\t\t\t\tchildren;\n \n \n \n .\n \n \n \n \n \n (b)\n \n \n State plan\n\t\t\t provisions\n \n \n \n (1)\n \n \n Matters required\n\t\t\t to be addressed\n \n \n Section\n\t\t\t 402(a)(1)(A) (\n \n 42 U.S.C. 602(a)(1)(A)\n \n ) is amended by adding at the end the\n\t\t\t following:\n \n \n \n \n (ix)\n \n \n Goals and\n\t\t\t\tmethods for reducing child poverty\n \n \n Reduce child poverty using Federal funds\n\t\t\t\tprovided under this part and State funds, including establishing numerical\n\t\t\t\tgoals for reducing child poverty.\n \n \n \n \n (x)\n \n \n Goals and\n\t\t\t\ttracking of work outcomes\n \n \n Track work-related outcomes for recipients\n\t\t\t\tof assistance under the program, such as employment entries, wages, and job\n\t\t\t\tretention, including establishing numerical goals for work-related outcomes for\n\t\t\t\trecipients.\n \n \n \n \n (xi)\n \n \n Provide\n\t\t\t\tpreventative services to families at-risk of abuse or neglect\n \n \n Provide benefits and services to families\n\t\t\t\tat-risk of having their children removed from the home because of abuse and\n\t\t\t\tneglect, using Federal funds provided under this part and State funds.\n \n \n \n \n (xii)\n \n \n How\n\t\t\t\tnoncustodial parents will be served\n \n \n Serve noncustodial parents, using Federal\n\t\t\t\tfunds provided under this part and State\n\t\t\t\tfunds.\n \n \n \n .\n \n \n \n \n \n (2)\n \n \n Public\n\t\t\t availability\n \n \n Section 402(c) (\n \n 42 U.S.C. 602(c)\n \n ) is amended to read\n\t\t\t as follows:\n \n \n \n \n (c)\n \n \n Public\n\t\t\t\tavailability\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n The State shall make\n\t\t\t\tavailable to the public, including by posting on a public website of the State\n\t\t\t\tor another appropriate website—\n \n \n \n (A)\n \n \n each draft of any\n\t\t\t\tplan or plan amendment to be submitted by the State under this section, for at\n\t\t\t\tleast 45 days before the submission; and\n \n \n \n \n (B)\n \n \n any such plan or amendment certified by the\n\t\t\t\tSecretary to be complete.\n \n \n \n \n \n (2)\n \n \n Procedures\n \n \n The State shall establish procedures to\n\t\t\t\treceive and respond to comments from the public, private sector organizations,\n\t\t\t\tand local governments on any draft referred to in paragraph\n\t\t\t\t(1).\n \n \n \n \n .\n \n \n \n \n \n \n (c)\n \n \n Annual\n\t\t\t performance report\n \n \n Section 411 (\n \n 42 U.S.C. 611\n \n ) is amended by\n\t\t\t adding at the end the following:\n \n \n \n \n (e)\n \n \n Annual\n\t\t\t\tperformance report by States\n \n \n Not later than December 31 of each year,\n\t\t\t\teach eligible State shall submit to the Secretary (in accordance with such form\n\t\t\t\tand content rules as the Secretary, in consultation with the National\n\t\t\t\tGovernor’s Association, National Association of State Legislatures, and the\n\t\t\t\tAmerican Public Human Services Association, develops) a report on the following\n\t\t\t\taspects of the State program funded under this part in the preceding fiscal\n\t\t\t\tyear:\n \n \n \n (1)\n \n \n Whether the State met the child poverty\n\t\t\t\treduction goals set forth in the State plan. This part of the report shall\n\t\t\t\tinclude a discussion of the factors, including benefits, services, and\n\t\t\t\tactivities funded with Federal funds provided under this part or State funds,\n\t\t\t\twhich contributed to the meeting of, or the failure to meet, the goals.\n \n \n \n \n (2)\n \n \n Whether the work programs of the State were\n\t\t\t\teffective in meeting the objectives and numerical goals of the State plan. This\n\t\t\t\tpart of the report shall include a discussion of data derived from the tracking\n\t\t\t\tof recipients, including—\n \n \n \n (A)\n \n \n the number of\n\t\t\t\tfamilies that left the State program funded under this part;\n \n \n \n \n (B)\n \n \n the employment\n\t\t\t\trate for those who left the program in each calendar quarter;\n \n \n \n \n (C)\n \n \n the wage rates of\n\t\t\t\tthose who left the program, including the percentage of leavers who, in each\n\t\t\t\tcalendar quarter, earned an amount equal to at least 50 percent of the average\n\t\t\t\twage then paid in the State; and\n \n \n \n \n (D)\n \n \n the employment outcomes of those who left\n\t\t\t\tthe program because of a durational limit on assistance, reported at 6 months,\n\t\t\t\t12 months, 24 months, and 36 months after leaving the program.\n \n \n \n The\n\t\t\t\tSecretary shall provide States with technical assistance in preparing this part\n\t\t\t\tof the report, including by providing States with data from the National\n\t\t\t\tDirectory of New Hires.\n \n \n \n \n (3)\n \n \n Whether the State has been effective in\n\t\t\t\tproviding benefits and services under the program to persons with disabilities.\n\t\t\t\tThis part of the report shall include a report on recipients of assistance\n\t\t\t\tunder the State program funded under this part who participated in work\n\t\t\t\tactivities (as defined in section 407(d)) pursuant to a modified employability\n\t\t\t\tplan due to disability, including the following:\n \n \n \n (A)\n \n \n The aggregate number of recipients with\n\t\t\t\tmodified employability plans due to a disability.\n \n \n \n \n (B)\n \n \n The percentage of all recipients with\n\t\t\t\tmodified employability plans who substantially complied with activities set\n\t\t\t\tforth in the plans each month of the fiscal year.\n \n \n \n \n (C)\n \n \n Information regarding the most prevalent\n\t\t\t\ttypes of physical and mental impairments that provided the basis for the\n\t\t\t\tdisability determinations.\n \n \n \n \n (D)\n \n \n The percentage of cases with a modified\n\t\t\t\temployability plan in which the recipient had a disability, was caring for a\n\t\t\t\tchild with a disability, or was caring for another family member with a\n\t\t\t\tdisability.\n \n \n \n \n (E)\n \n \n A description of the most prevalent types\n\t\t\t\tof modification in work activities or hours of participation that were included\n\t\t\t\tin the modified employability plans.\n \n \n \n \n (F)\n \n \n A description of the qualifications of the\n\t\t\t\tstaff who determined whether individuals had a disability, of the staff who\n\t\t\t\tdetermined that individuals needed modifications to their work requirements,\n\t\t\t\tand of the staff who developed the modified employability plans.\n \n \n \n \n \n (4)\n \n \n The effectiveness\n\t\t\t\tof the benefits and services provided under the State program in reducing the\n\t\t\t\tnumber of children removed from their homes because of abuse and neglect. This\n\t\t\t\tpart of the report shall include an analysis which includes the\n\t\t\t\tfollowing:\n \n \n \n (A)\n \n \n The number of\n\t\t\t\tfamilies provided the benefits or services that were at risk of having their\n\t\t\t\tchildren removed from the home.\n \n \n \n \n (B)\n \n \n The number of\n\t\t\t\tfamilies served by the program that had 1 or more children removed from the\n\t\t\t\thome because of abuse or neglect.\n \n \n \n \n \n (5)\n \n \n An analysis of the\n\t\t\t\textent to which the benefits and services under the State program were provided\n\t\t\t\tto noncustodial parents.\n \n \n \n \n (6)\n \n \n How funds provided to the State under this\n\t\t\t\tpart, with a separate accounting for funds provided under section 403(a)(3) and\n\t\t\t\tfunds provided under section 403(b), were used to serve areas of the State with\n\t\t\t\tthe greatest need (as referred to in section 402(a)(1)(A)(i)). This part of the\n\t\t\t\treport shall include supporting\n\t\t\t\tdata.\n \n \n \n \n .\n \n \n \n \n \n (d)\n \n \n Annual report to\n\t\t\t Congress on the efforts of State programs To promote and support employment for\n\t\t\t individuals with disabilities\n \n \n Section 411 (\n \n 42 U.S.C. 611\n \n ), as\n\t\t\t amended by subsection (c) of this section, is amended by adding at the end the\n\t\t\t following:\n \n \n \n \n (f)\n \n \n Report by Secretary\n \n \n Not later than July 31 of each fiscal year,\n\t\t\t\tthe Secretary shall submit to the Congress a report, entitled\n \n \n \n (1)\n \n \n For each State, the number of individuals\n\t\t\t\tfor whom the State has developed a modified employability plan.\n \n \n \n \n (2)\n \n \n The types of physical and mental\n\t\t\t\timpairments that provided the basis for the disability determination, and\n\t\t\t\twhether the individual with the disability was an adult recipient or minor\n\t\t\t\tchild head of household, a child, or a non-recipient family member.\n \n \n \n \n (3)\n \n \n The types of modifications that States have\n\t\t\t\tincluded in modified employability plans.\n \n \n \n \n (4)\n \n \n The extent to which individuals with a\n\t\t\t\tmodified employability plan are participating in work activities.\n \n \n \n \n (5)\n \n \n For each State, an analysis of the extent\n\t\t\t\tto which the option to establish modified employability plans was a factor in\n\t\t\t\tthe State achieving or not achieving the minimum participation rate required by\n\t\t\t\tsection\n\t\t\t\t407(a).\n \n \n \n \n .\n \n \n \n \n \n (e)\n \n \n Report to\n\t\t\t Congress on legislative options To reward States with high employment rates and\n\t\t\t high rates of employment at good wages\n \n \n Within 4 years after the effective date of\n\t\t\t this section, the Secretary of Health and Human Services shall submit to the\n\t\t\t Congress a report that sets forth options for the enactment of legislation to\n\t\t\t provide financial or other rewards to States that have high rates of employment\n\t\t\t and high rates of employment at good wages.\n \n \n \n \n \n 14.\n \n \n Requirement that\n\t\t\t States adopt standards and procedures to address domestic and sexual violence\n\t\t\t among TANF recipients\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n Section 402(a)(7) (42\n\t\t\t U.S.C. 602(a)(7)) is amended—\n \n \n \n (1)\n \n \n by striking the\n\t\t\t paragraph heading and inserting\n \n \n \n \n (2)\n \n \n by striking\n\t\t\t subparagraph (A) and inserting the following:\n \n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n A certification by\n\t\t\t\tthe chief executive officer of the State that the State has established and is\n\t\t\t\tenforcing standards and procedures to ensure the right and entitlement of\n\t\t\t\tvictims of domestic or sexual violence (notwithstanding section 401(b)) seeking\n\t\t\t\tor receiving assistance under the State program funded under this part or any\n\t\t\t\tother State program funded by qualified State expenditures (as defined in\n\t\t\t\tsection 409(a)(7)(B)(i))—\n \n \n \n (i)\n \n \n to\n\t\t\t\tbe screened and identified while maintaining the confidentiality of the\n\t\t\t\tvictims;\n \n \n \n \n (ii)\n \n \n to be referred to\n\t\t\t\tcounseling and supportive services;\n \n \n \n \n (iii)\n \n \n to be granted a waiver, pursuant to a\n\t\t\t\tdetermination of good cause, of program requirements such as time limits (for\n\t\t\t\tso long as necessary), residency requirements, child support cooperation\n\t\t\t\trequirements, and family cap provisions, in cases where compliance with the\n\t\t\t\trequirements would make it more difficult for the victims to escape domestic or\n\t\t\t\tsexual violence or unfairly penalize the victims or other individuals who are\n\t\t\t\tat risk of further domestic or sexual violence;\n \n \n \n \n (iv)\n \n \n to apply to participate in the program on\n\t\t\t\tthe same day the victim appears in person in a program office during office\n\t\t\t\thours;\n \n \n \n \n (v)\n \n \n to\n\t\t\t\thave an application that contains the name, address, and signature of the\n\t\t\t\tvictim considered to be filed on the date the application is submitted;\n \n \n \n \n (vi)\n \n \n to receive at the\n\t\t\t\ttime of application a clear, written statement explaining what the victim must\n\t\t\t\tdo to cooperate in obtaining verification and otherwise completing the\n\t\t\t\tapplication process; and\n \n \n \n \n (vii)\n \n \n if the victim\n\t\t\t\thas completed the application process, to have the eligibility of the victim\n\t\t\t\tfor assistance determined promptly, and to be provided assistance retroactive\n\t\t\t\tto the application date if determined eligible within 30 days after the\n\t\t\t\tapplication date.\n \n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (3)\n \n \n in subparagraph\n\t\t\t (B)—\n \n \n \n (A)\n \n \n in the\n\t\t\t subparagraph heading, by inserting\n \n \n \n \n (B)\n \n \n in the text, by\n\t\t\t inserting\n \n \n \n \n \n \n (b)\n \n \n Report to the\n\t\t\t Congress on best practices of States\n \n \n Section 413 (\n \n 42 U.S.C. 613\n \n )\n\t\t\t is amended by adding at the end the following:\n \n \n \n \n (k)\n \n \n Report to\n\t\t\t\tCongress on best practices of States in addressing domestic and sexual violence\n\t\t\t\tsuffered by TANF recipients\n \n \n Every 4 years, the Secretary shall prepare\n\t\t\t\tand submit to the Congress a report which examines the practices of States in\n\t\t\t\timplementing section 402(a)(7), and identifies the best practices used to do\n\t\t\t\tso.\n \n \n \n .\n \n \n \n \n \n (c)\n \n \n Effective\n\t\t\t date\n \n \n The amendments made by this section shall take effect on\n\t\t\t October 1, 2013.\n \n \n \n \n \n 15.\n \n \n Child care\n\t\t\t entitlement\n \n \n \n (a)\n \n \n Replacement of\n\t\t\t requirement that portion of funds be used for certain populations with child\n\t\t\t care guarantee\n \n \n Section\n\t\t\t 418(b)(2) (\n \n 42 U.S.C. 618(b)(2)\n \n ) is amended to read as follows:\n \n \n \n \n (2)\n \n \n Child care to be\n\t\t\t\tguaranteed for certain populations\n \n \n As a condition of receiving funds under\n\t\t\t\tthis section, a State shall guarantee the provision of child care services\n\t\t\t\tto—\n \n \n \n (A)\n \n \n each recipient of\n\t\t\t\tassistance under the State program funded under this part or under a State\n\t\t\t\tprogram funded with qualified State expenditures (as defined in section\n\t\t\t\t409(a)(7)(B)(i)) of this Act, and to each work-eligible individual (as defined\n\t\t\t\tin section 407(a)(2) of this Act), for any period in which the recipient or\n\t\t\t\tindividual is—\n \n \n \n (i)\n \n \n participating in a\n\t\t\t\twork activity (as defined in section 407(d) of this Act);\n \n \n \n \n (ii)\n \n \n employed, and in\n\t\t\t\ta family the total income of which does not exceed 250 percent of the poverty\n\t\t\t\tline (within the meaning of section 673(2) of the Omnibus Budget Reconciliation\n\t\t\t\tAct of 1981, including any revision required by such section applicable to a\n\t\t\t\tfamily of the size involved); or\n \n \n \n \n (iii)\n \n \n engaged in\n\t\t\t\temployment subsidized by the State; or\n \n \n \n \n \n (B)\n \n \n each individual who is a former recipient\n\t\t\t\tof assistance under such a program or a former work-eligible individual, for\n\t\t\t\tany portion of the 24-month period, beginning with the date the individual left\n\t\t\t\tthe program involved, in which the individual is employed and in a family that\n\t\t\t\tmeets the income requirement of subparagraph\n\t\t\t\t(A)(ii).\n \n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Elimination of\n\t\t\t State caps\n \n \n Section 418(a) (\n \n 42 U.S.C. 618(a)\n \n ) is amended—\n \n \n \n (1)\n \n \n in paragraph\n\t\t\t (2)—\n \n \n \n (A)\n \n \n by striking\n\t\t\t subparagraphs (B) and (D) and redesignating subparagraph (C) as subparagraph\n\t\t\t (B); and\n \n \n \n \n (B)\n \n \n in subparagraph\n\t\t\t (B) (as so redesignated), by striking\n \n \n \n \n \n (2)\n \n \n in paragraph (5),\n\t\t\t by striking\n \n \n \n \n \n (c)\n \n \n Open-Ended\n\t\t\t entitlement\n \n \n Section 418(a) (\n \n 42 U.S.C. 618(a)\n \n ) is amended—\n \n \n \n (1)\n \n \n in paragraph (1),\n\t\t\t by striking\n \n \n \n \n (2)\n \n \n in paragraph (3),\n\t\t\t by striking\n \n \n \n \n \n (d)\n \n \n Use of funds in\n\t\t\t accordance with child care and development block grant act of 1990 except as\n\t\t\t required by child care guarantee\n \n \n Section 418(c) (42 U.S.C.\n\t\t\t 618(c)) is amended by inserting\n \n \n \n \n \n 16.\n \n \n Child support\n\t\t\t enforcement\n \n \n \n (a)\n \n \n Elimination of\n\t\t\t ban on providing assistance to families not assigning certain support rights to\n\t\t\t the State\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Section 408(a) (\n \n 42 U.S.C. 608(a)\n \n ) is amended by striking\n\t\t\t paragraph (3).\n \n \n \n \n (2)\n \n \n Conforming\n\t\t\t amendments\n \n \n The following\n\t\t\t provisions are each amended by inserting after\n \n \n \n (A)\n \n \n Section\n\t\t\t 452(a)(10)(C) (\n \n 42 U.S.C. 652(a)(10)(C)\n \n ).\n \n \n \n \n (B)\n \n \n Section 452(h) (42\n\t\t\t U.S.C. 652(h)).\n \n \n \n \n (C)\n \n \n Section 454(5)(A)\n\t\t\t (\n \n 42 U.S.C. 654(5)(A)\n \n ).\n \n \n \n \n (D)\n \n \n Section 456(a)(1)\n\t\t\t (\n \n 42 U.S.C. 656(a)(1)\n \n ).\n \n \n \n \n (E)\n \n \n Section\n\t\t\t 457(a)(2)(B)(i) (\n \n 42 U.S.C. 657(a)(2)(B)(i)\n \n ).\n \n \n \n \n (F)\n \n \n Section\n\t\t\t 457(a)(3)(A) (\n \n 42 U.S.C. 657(a)(3)(A)\n \n ).\n \n \n \n \n (G)\n \n \n Section\n\t\t\t 457(a)(3)(B) (\n \n 42 U.S.C. 657(a)(3)(B)\n \n ).\n \n \n \n \n (H)\n \n \n Section 464(a)(1)\n\t\t\t (\n \n 42 U.S.C. 664(a)(1)\n \n ).\n \n \n \n \n (I)\n \n \n Section\n\t\t\t 466(a)(3)(B) (\n \n 42 U.S.C. 666(a)(3)(B)\n \n ).\n \n \n \n \n \n \n (b)\n \n \n Requirement that\n\t\t\t all child support collected on behalf of a child in a family receiving TANF be\n\t\t\t distributed to the family\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Section 457 (\n \n 42 U.S.C. 657\n \n ) is amended—\n \n \n \n (A)\n \n \n in subsection\n\t\t\t (c)(1), by striking\n \n \n \n \n (B)\n \n \n by adding at the\n\t\t\t end the following:\n \n \n \n \n (f)\n \n \n Notwithstanding the preceding provisions of\n\t\t\t\tthis section, all amounts collected by a State as child support on behalf of a\n\t\t\t\tchild in a family that is receiving assistance under the State program funded\n\t\t\t\tunder part A or under the State plan approved under part A of this title (as in\n\t\t\t\teffect on the day before the date of the enactment of the Personal\n\t\t\t\tResponsibility and Work Opportunity Reconciliation Act of 1996) shall be\n\t\t\t\tdistributed to the\n\t\t\t\tfamily.\n \n \n \n .\n \n \n \n \n \n \n (2)\n \n \n Conforming\n\t\t\t amendments\n \n \n Section 458(b)(5)(C)(i)(I) (42 U.S.C.\n\t\t\t 658(b)(5)(C)(i)(I)) is amended—\n \n \n \n (A)\n \n \n by inserting\n \n \n \n \n (B)\n \n \n by striking\n \n \n \n \n \n \n \n 17.\n \n \n State option to\n\t\t\t extend eligibility for assistance to children through age 21; prohibition on\n\t\t\t considering financial aid tied to education of child in determining eligibility\n\t\t\t for, or amount of assistance; prohibition on imposing additional requirements\n\t\t\t based on educational enrollment of child\n \n \n \n (a)\n \n \n State option To\n\t\t\t extend TANF to children under age 22\n \n \n Section 419(2) (\n \n 42 U.S.C. 619(2)\n \n ) is\n\t\t\t amended—\n \n \n \n (1)\n \n \n by striking\n \n \n \n \n (2)\n \n \n by striking the\n\t\t\t period at the end of subparagraph (B) and inserting\n \n \n \n \n (3)\n \n \n by adding at the\n\t\t\t end the following:\n \n \n \n \n (C)\n \n \n at the option of the State, has not\n\t\t\t\tattained 22 years of\n\t\t\t\tage.\n \n \n \n .\n \n \n \n \n \n \n (b)\n \n \n Ban on\n\t\t\t considering financial aid tied to education of child in determining eligibility\n\t\t\t for, or amount of assistance; ban on imposing additional requirements based on\n\t\t\t educational enrollment of child\n \n \n \n (1)\n \n \n Prohibitions\n \n \n Section\n\t\t\t 408(a) (\n \n 42 U.S.C. 608(a)\n \n ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(1),\n\t\t\t 9(b)(1), 10(a), 11(a), and 12(b) of this Act, is amended by adding at the end\n\t\t\t the following:\n \n \n \n \n (20)\n \n \n Ban on\n\t\t\t\tconsidering financial aid tied to education of child in determining eligibility\n\t\t\t\tfor, or amount of assistance; ban on imposing additional requirements based on\n\t\t\t\teducational enrollment of child\n \n \n A State to which a grant is made under\n\t\t\t\tsection 403 for a fiscal year shall not—\n \n \n \n (A)\n \n \n consider financial aid tied to the\n\t\t\t\ttraining, school attendance, or postsecondary school attendance of a minor\n\t\t\t\tchild in determining that the eligibility of the family of the child for, or\n\t\t\t\tthe amount of assistance to be provided to the family, under the State program\n\t\t\t\tfunded under this part or any other State program funded by qualified State\n\t\t\t\texpenditures (as defined in section 409(a)(7)(B)(i)); or\n \n \n \n \n (B)\n \n \n impose additional\n\t\t\t\trequirements on a family solely because the family includes a minor child who\n\t\t\t\tis enrolled in a training program, school, or post-secondary educational\n\t\t\t\tinstitution.\n \n \n \n \n .\n \n \n \n \n \n (2)\n \n \n Penalty\n \n \n Section\n\t\t\t 409(a) (\n \n 42 U.S.C. 609\n \n ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2),\n\t\t\t 9(b)(2), 10(b), 11(b), and 12(c) of this Act, is amended by adding at the end\n\t\t\t the following:\n \n \n \n \n (24)\n \n \n Considering\n\t\t\t\teducational enrollment of child or of financial aid tied to education of\n\t\t\t\tchild\n \n \n If the Secretary\n\t\t\t\tdetermines that a State to which a grant is made under section 403 in a fiscal\n\t\t\t\tyear has violated section 408(a)(20) during the fiscal year, the Secretary\n\t\t\t\tshall reduce the grant payable to the State under section 403(a)(1) for the\n\t\t\t\timmediately succeeding fiscal year by an amount equal to 5 percent of the State\n\t\t\t\tfamily assistance\n\t\t\t\tgrant.\n \n \n \n .\n \n \n \n \n \n \n \n 18.\n \n \n Elimination of\n\t\t\t certain other bars to TANF assistance\n \n \n \n (a)\n \n \n Bar on\n\t\t\t assistance for persons convicted of drug felonies\n \n \n Section 115 of the Personal Responsibility\n\t\t\t and Work Opportunity Reconciliation Act of 1996 (\n \n 21 U.S.C. 862a\n \n ) is\n\t\t\t amended—\n \n \n \n (1)\n \n \n in the section\n\t\t\t heading by striking\n \n \n \n \n (2)\n \n \n in subsection (a),\n\t\t\t by striking\n \n \n \n \n (3)\n \n \n in subsection (b),\n\t\t\t by striking all through\n \n \n \n \n (b)\n \n \n Effects on\n\t\t\t\tbenefits for others\n \n \n The\n\t\t\t\tamount of\n\t\t\t\tbenefits\n \n \n \n ;\n \n \n \n \n \n (4)\n \n \n in subsection (c),\n\t\t\t by striking\n \n \n \n \n (5)\n \n \n in subsection (e),\n\t\t\t by striking\n \n \n \n \n \n (b)\n \n \n Bar on\n\t\t\t assistance for unwed teen parents not in school\n \n \n Section 408(a)\n\t\t\t (\n \n 42 U.S.C. 608(a)\n \n ) is amended by striking paragraph (4).\n \n \n \n \n (c)\n \n \n Bar on\n\t\t\t assistance for teens not in an adult-Supervised living\n\t\t\t arrangement\n \n \n Section 408(a) (\n \n 42 U.S.C. 608(a)\n \n ) is amended by\n\t\t\t striking paragraph (5).\n \n \n \n \n (d)\n \n \n Redesignation of\n\t\t\t provisions\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Section 408(a) (\n \n 42 U.S.C. 608(a)\n \n ), as amended by the\n\t\t\t preceding provisions of this Act, is amended by redesignating paragraphs (6)\n\t\t\t through (20) as paragraphs (3) through (17), respectively.\n \n \n \n \n (2)\n \n \n Conforming\n\t\t\t amendments\n \n \n \n (A)\n \n \n Section\n\t\t\t 402(a)(7)(B) (\n \n 42 U.S.C. 602(a)(7)(B)\n \n ) is amended by striking\n \n \n \n \n (B)\n \n \n Section\n\t\t\t 403(a)(5)(C)(ii)(II) (\n \n 42 U.S.C. 603(a)(5)(C)(ii)(II)\n \n ) is amended by striking\n \n \n \n \n (C)\n \n \n Section\n\t\t\t 403(a)(5)(C)(v) (\n \n 42 U.S.C. 603(a)(5)(C)(v)\n \n ) is amended by striking\n \n \n \n \n (D)\n \n \n Section\n\t\t\t 409(a)(7)(B)(i)(IV) (\n \n 42 U.S.C. 609(a)(7)(B)(i)(IV)\n \n ) is amended by striking\n \n \n \n \n (E)\n \n \n Section 409(a)(9)\n\t\t\t (\n \n 42 U.S.C. 609(a)(9)\n \n ) is amended by striking\n \n \n \n \n (F)\n \n \n Section\n\t\t\t 409(a)(17), as added by section 7(d)(1)(A)(ii) of this Act, is amended by\n\t\t\t striking\n \n \n \n \n (G)\n \n \n Section\n\t\t\t 409(a)(18), as added by section 7(d)(1)(B)(ii) of this Act, is amended by\n\t\t\t striking\n \n \n \n \n (H)\n \n \n Section\n\t\t\t 409(a)(19), as added by section 8(b)(2) of this Act, is amended by striking\n \n \n \n \n (I)\n \n \n Section\n\t\t\t 409(a)(20), as added by section 9(b)(2) of this Act, is amended by striking\n \n \n \n \n (J)\n \n \n Section\n\t\t\t 409(a)(21), as added by section 10(b) of this Act, is amended by striking\n \n \n \n \n (K)\n \n \n Section\n\t\t\t 409(a)(22), as added by section 11(b) of this Act, is amended by striking\n \n \n \n \n (L)\n \n \n Section\n\t\t\t 409(a)(23), as added by section 12(c) of this Act, is amended by striking\n \n \n \n \n (M)\n \n \n Section\n\t\t\t 409(a)(24), as added by section 17(b)(2) of this Act, is amended by striking\n \n \n \n \n (N)\n \n \n Section\n\t\t\t 411(a)(1)(A)(xvi) (\n \n 42 U.S.C. 611(a)(1)(A)(xvi)\n \n ) is amended by striking\n \n \n \n \n \n \n \n 19.\n \n \n Effective\n\t\t\t date\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n Except as otherwise\n\t\t\t provided in this Act, this Act and the amendments made by this Act shall take\n\t\t\t effect on October 1, 2013, and shall apply to payments under title IV of the\n\t\t\t Social Security Act for calendar quarters beginning on or after such date,\n\t\t\t without regard to whether regulations to implement the amendments are\n\t\t\t promulgated by such date.\n \n \n \n \n (b)\n \n \n Delay permitted\n\t\t\t if state legislation required\n \n \n If the Secretary of Health and\n\t\t\t Human Services determines that State legislation (other than legislation\n\t\t\t appropriating funds) is required in order for a State plan under part A or E of\n\t\t\t title IV of the Social Security Act to meet the additional requirements imposed\n\t\t\t by the amendments made by this Act, the plan shall not be regarded as failing\n\t\t\t to meet any of the additional requirements before the 1st day of the 1st\n\t\t\t calendar quarter beginning after the close of the first regular session of the\n\t\t\t State legislature that begins after the date of the enactment of this Act. If\n\t\t\t the State has a 2-year legislative session, each year of the session is deemed\n\t\t\t to be a separate regular session of the State legislature.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 814 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Ms. Moore (for herself, Ms. Brown of Florida , Mr. Conyers , Ms. DeLauro , Ms. Norton , Mr. Grijalva , Mr. Brady of Pennsylvania , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reauthorize and amend the program of block grants to States for temporary assistance for needy families and related programs.\n\n1. Short title This Act may be cited as the Rewriting to Improve and Secure an Exit Out of Poverty Act or the RISE Out of Poverty Act . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. State plans required to address whether and how States will provide assistance to neediest geographic areas. Sec. 5. Funding of the TANF program. Sec. 6. Work requirements. Sec. 7. Work rules. Sec. 8. Prohibition on imposing limit of less than 60 months on duration of assistance. Sec. 9. Response of TANF program to economic recessions. Sec. 10. Requirement that States use merit-based system in administration of TANF programs. Sec. 11. Ban on using Federal TANF funds to replace State and local spending that does not meet the definition of qualified State expenditures. Sec. 12. TANF assistance to meet basic family economic needs. Sec. 13. State plans and reports on child poverty. Sec. 14. Requirement that States adopt standards and procedures to address domestic and sexual violence among TANF recipients. Sec. 15. Child care entitlement. Sec. 16. Child support enforcement. Sec. 17. State option to extend eligibility for assistance to children through age 21; prohibition on considering financial aid tied to education of child in determining eligibility for, or amount of assistance; prohibition on imposing additional requirements based on educational enrollment of child. Sec. 18. Elimination of certain other bars to TANF assistance. Sec. 19. Effective date. 3. References Except as otherwise expressly provided in this Act, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Social Security Act. 4. State plans required to address whether and how States will provide assistance to neediest geographic areas Section 402(a)(1)(A)(i) ( 42 U.S.C. 602(a)(1)(A)(i) ) is amended by inserting , including whether and how the State will give priority to providing benefits and services in areas of the State with the greatest need (such as areas with the greatest unemployment rates, the greatest poverty rates, and the least job opportunity to population ratios) before the period. 5. Funding of the TANF program (a) State family assistance grant (1) In general Section 403(a)(1) ( 42 U.S.C. 603(a)(1) ) is amended— (A) in subparagraph (A), by striking fiscal years 1996, and all that follows through 2003, and inserting fiscal year 2013 and each succeeding fiscal year ; and (B) by striking subparagraphs (B) and (C) and inserting the following: (B) State family assistance grant (i) In general The State family assistance grant payable to a State for a fiscal year shall be the greater of— (I) the adjusted basic block grant, plus the amount required to be paid to the State under paragraph (3) (as in effect on September 30, 2010) for fiscal year 2010; or (II) the amount required to be paid to the State under this paragraph for the preceding fiscal year. (ii) Adjusted basic block grant In clause (i), the term adjusted block grant means, with respect to a State, the product of— (I) the amount required to be paid to the State under this paragraph for fiscal year 2010 (determined without regard to any reduction pursuant to section 409 or 412(a)(1)); (II) 1.00, plus the percentage (if any) by which the average of the CPI for the 12-month period ending with June of the preceding fiscal year exceeds the average of the CPI for the 12-month period ending with June 1996, expressed as a decimal; and (III) 1.00, plus the percentage (if any) by which the most recent estimate by the Bureau of the Census of the population of the State that has not attained 18 years of age exceeds the most recent estimate by the Bureau of the Census of that population as of July 1, 1996, expressed as a decimal. (iii) CPI defined In clause (ii), the term CPI means the last Consumer Price Index for All Urban Consumers published by the Department of Labor for the period involved. (C) Appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated such sums as are necessary for grants under this paragraph for each fiscal year. . (2) Conforming amendment to eliminate supplemental grants for population increases in certain States Section 403(a) ( 42 U.S.C. 603(a) ) is amended by striking paragraph (3). (b) Penalty for failure To maintain effort adjusted for inflation Section 409(a)(7) ( 42 U.S.C. 609(a)(7) ) is amended— (1) in subparagraph (A), by inserting the inflation-adjusted before historic State expenditures ; and (2) in subparagraph (B), by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively, and inserting after clause (ii) the following: (iii) Inflation-adjusted historic State expenditures The term inflation-adjusted historic State expenditures means, with respect to a fiscal year— (I) historic State expenditures; multiplied by (II) 1.00, plus (in the case of fiscal year 2014 or any succeeding fiscal year) the percentage (if any) by which the average of the CPI (as defined in section 403(a)(1)(B)(iii)) for the 12-month period ending with June of the preceding fiscal year exceeds the average of the CPI (as so defined) for the 12-month period ending with June 2012, expressed as a decimal. . (c) Modification of contingency fund (1) In general Section 403(b) ( 42 U.S.C. 603(b) ) is amended by striking all that follows paragraph (1) and inserting the following: (2) Grants (A) In general The Secretary shall make a grant to each eligible State and each Indian tribe that is an economically needy entity for a calendar quarter, in an amount equal to 80 percent of the amount (if any) by which the total amount of relevant expenditures of the entity for the quarter exceeds the total amount of the relevant expenditures of the entity for the corresponding quarter in the base year of the entity, subject to paragraph (2). (B) Limitation The total amount payable to an entity under this subsection for a fiscal year shall not exceed an amount equal to 25 percent of the amount payable to the entity— (i) if the entity is a State, under section 403(a)(1) for the fiscal year; or (ii) if the entity is an Indian tribe, under section 412(a)(1) for the fiscal year. (3) Definitions In paragraph (2): (A) Economically needy entity The term economically needy entity means an entity with respect to a calendar quarter— (i) if the seasonally adjusted average unemployment rate with respect to entity for the quarter or any of the preceding 4 calendar quarters exceeds 6.5 percent; or (ii) in the case that the unemployment rate information described in clause (i) is not available with respect to the entity, if the entity meets such qualifications as the Secretary, in consultation with the Secretary of Labor, shall, by regulation, prescribe. (B) Base year The term base year means, with respect to an entity, and a calendar quarter in a fiscal year— (i) except as provided in clause (ii), whichever of the 2 fiscal years most recently preceding the 1st fiscal year of the most recent contingency fund eligibility period for the entity, is the fiscal year in which the relevant expenditures of the entity were the lesser; or (ii) if the 1st year of the period referred to in clause (i) is fiscal year 2013, whichever of fiscal year 2007 or 2008 is the fiscal year in which the relevant expenditures of the entity were the lesser. (C) Contingency fund eligibility period The term contingency fund eligibility period means, with respect to an entity, a period of 1 or more consecutive calendar quarters for which the entity is an economically needy entity. (D) Relevant expenditures (i) In general The term relevant expenditures means expenditures— (I) for assistance under the program funded under this part of the entity (including, in the case of a State, any qualified State expenditures (as defined in section 409(a)(7)(B)(i)) and any expenditures under any other State program funded by such expenditures); (II) for child care; (III) for subsidized employment under the program funded under this part of the entity (including, in the case of a State, such expenditures under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i))), other than expenditures made using Federal funds or with respect to which the entity received a grant made under paragraph (3) of this subsection; and (IV) for administrative costs associated with making the expenditures referred to in the preceding subclauses of this clause. (ii) Child care expenditures For purposes of clause (i), expenditures for child care consist of the following: (I) Amounts transferred under section 404(d)(1)(B). (II) Expenditures for child care assistance from Federal funds provided under this part. (III) In the case of an entity that is a State, expenditures for child care assistance that are qualified State expenditures (as defined in section 409(a)(7)(B)(i)), but only to the extent exceeding the total expenditures of the State (other than from Federal funds) for child care in fiscal year 1994 or 1995 (whichever is the greater). (iii) Authority to collect and adjust data In determining the amount of the expenditures of a State for basic assistance, child care, and subsidized employment, during any period for which the State requests funds under this subsection, and during the base year of the State, the Secretary may make appropriate adjustments to the data, on a State-by-State basis, to ensure that the data are comparable with respect to the groups of families served and the types of aid provided. The Secretary may develop a mechanism for collecting expenditure data, including procedures which allow States to make reasonable estimates, and may set deadlines for making revisions to the data. (4) Use of grant Each State to which a grant is made under this subsection shall use the grant to serve areas of the State with the greatest need (as referred to in section 402(a)(1)(A)). (5) Appropriation (A) In general Out of any funds in the Treasury of the United States not otherwise appropriated, there are appropriated for payment to the Fund— (i) $2,500,000,000 for fiscal year 2013; and (ii) for each succeeding fiscal year, the amount appropriated under this paragraph for the then preceding fiscal year, increased by the percentage (if any) by which the amount appropriated under section 403(a)(1) for the fiscal year involved exceeds the amount appropriated under such section for the then preceding fiscal year. (B) Availability Amounts made available under this paragraph for a fiscal year shall remain available until expended. (6) Actions to be taken in anticipation of exhaustion of fund The Secretary shall monitor the amount in, and the rate at which amounts are paid from, the Fund, and if the Secretary determines that the Fund will be exhausted within 6 months, the Secretary shall— (A) notify the Congress of the determination; and (B) develop and communicate to each State and Indian tribe that is an economically needy entity as of the date of the determination, the procedure for allocating amounts in the Fund among such entities. . (2) Elimination of penalty for failure of state receiving amounts from contingency fund to maintain 100 percent of historic effort (A) In general Section 409(a) ( 42 U.S.C. 609(a) ) is amended by striking paragraph (10) and redesignating paragraphs (11) through (16) as paragraphs (10) through (15), respectively. (B) Conforming amendments Section 409 ( 42 U.S.C. 609 ) is amended in each of subsections (b)(2) and (c)(4), by striking (10), (12), or (13) and inserting (11), or (12) . (3) Conforming amendment Section 409(a)(3)(C) ( 42 U.S.C. 609(a)(3)(C) ) is amended by striking needy State (as defined in section 403(b)(6)) and inserting economically needy entity (as defined in section 403(b)(3)(A)) . (4) Amounts provided to territories from the Contingency Fund to be disregarded for purposes of limitation on payments to the territories Section 1108(a)(2) ( 42 U.S.C. 1308(a)(2) ) is amended by inserting 403(b), before 406, . (d) Matching grants for subsidized employment (1) In general Section 403(a) ( 42 U.S.C. 603(a) ), as amended by subsection (a)(2) of this section, is further amended by inserting after paragraph (2) the following: (3) Matching grants for subsidized employment (A) In general The Secretary shall make a grant— (i) to each eligible State that is 1 of the 50 States or the District of Columbia, for each fiscal year for which the State is an MOE State; and (ii) to each State that is not 1 of the 50 States or the District of Columbia, and to each Indian tribe, for each fiscal year for which the State or tribe, as the case may be, meets such terms and conditions as the Secretary shall, by regulation, establish, which shall be comparable to the terms and conditions under which grants are made under clause (i). (B) MOE State In subparagraph (A), the term MOE State means a State if the qualified expenditures of the State (as defined in section 409(a)(7)(B)(i)) for the fiscal year exceeds the applicable percentage (as defined in clause (ii) of such section) of inflation-adjusted historic State expenditures (as defined in clause (iii) of such section) of the State with respect to the fiscal year. (C) Amount of grant (i) States (I) In general The grant to be made to a State under subparagraph (A)(i) for a fiscal year shall be in an amount equal to 50 percent of the excess expenditures of the State for subsidized employment during the fiscal year. (II) Excess expenditures of the State for subsidized employment The term excess expenditures of the State for subsidized employment means, with respect to a fiscal year, the lesser of— (aa) the excess described in subparagraph (B) with respect to the State for the fiscal year; or (bb) an amount equal to the total expenditures of the State for subsidized employment funded under this part or under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)), excluding those with respect to which a grant is made to the State under subsection (b) of this section, during the fiscal year. (ii) Indian tribes The grant to be made to an Indian tribe under this paragraph shall be in such amount as the Secretary deems appropriate. (D) Use of grant Notwithstanding section 404, a State or Indian tribe to which a grant is made under this paragraph shall use the grant solely to finance subsidized employment activities, and to serve areas of the State with the greatest need (as referred to in section 402(a)(1)(A)). (E) Appropriation Out of any funds in the Treasury of the United States not otherwise appropriated, there are appropriated such sums as are necessary for grants under this paragraph for each fiscal year. . (2) Amounts provided to territories from the matching grant to be disregarded for purposes of limitation on payments to the territories Section 1108(a)(2) ( 42 U.S.C. 1308(a)(2) ) is amended by inserting 403(a)(3), after 403(a)(2), . (3) Data reports required with respect to families that include an individual participating in subsidized employment programs Section 411(a)(1)(A) (42 U.S.C. 611(a)(1)(A)) is amended, in the matter before clause (i), by inserting , and families that include an individual participating in subsidized employment funded with Federal funds or qualified State expenditures (as so defined) before the colon. (e) Tribal family assistance grants Section 412(a)(1) ( 42 U.S.C. 612(a)(1) ) is amended— (1) in subparagraph (A), by striking fiscal year 2012 and inserting each fiscal year ; and (2) in subparagraph (B)— (A) by redesignating clause (ii) as clause (iii); and (B) by striking clause (i) and inserting the following: (i) In general The amount determined under this subparagraph for a fiscal year is an amount equal to the sum of the adjusted historic expenditures for the fiscal year with respect to each State in which there lies a service area of the Indian tribe is located. (ii) Adjusted historic expenditures defined In clause (i), the term adjusted historic expenditures means, with respect to a fiscal year, a State, and an Indian tribe, the total amount of the Federal payments to the State under section 403 (as then in effect) for fiscal year 1994 attributable to expenditures (other than child care expenditures) by the State under parts A and F (as so in effect) for fiscal year 1994 for Indian families residing in the service areas identified by the tribe pursuant to subsection (b)(1)(C) of this section that are in the State, increased by the percentage (if any) by which the amount of the grant payable under section 403(a)(1) for the fiscal year to the State exceeds the amount of the grant so payable to the State for fiscal year 2010. . (f) Census bureau study Section 414 ( 42 U.S.C. 614 ) is amended— (1) by striking subsection (a) and inserting the following: (a) In general The Director of the Bureau of the Census shall conduct a study to assess the effects of policies and programs related to low-income families, including policies and programs under State programs funded under this part or funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), including changes and policies in such programs made pursuant to the Rewriting to Improve and Secure an Exit Out of Poverty Act. The Director shall design the study in consultation with the Secretary. Every 5 years, the Director shall, in consultation with the Secretary, revise the content and nature of the study to reflect emerging policy issues related to low-income families. ; and (2) in subsection (b), by striking fiscal year 2012 and inserting each fiscal year . (g) Funding of studies and evaluations Section 413(h)(1) ( 42 U.S.C. 613(h)(1) ) is amended by striking fiscal year 2012 and inserting each fiscal year . (h) Matching grants to certain territories Section 1108 ( 42 U.S.C. 1308 ) is amended— (1) in subsection (a)(2), by inserting section 403(a)(1) (to the extent exceeding the amount required to be so paid to the territory for fiscal year 2011), before 403(a)(2) ; and (2) in subsection (b)(2), by striking fiscal year 2012 and inserting each fiscal year . 6. Work requirements (a) Participation rate requirement Section 407 ( 42 U.S.C. 607 ) is amended by striking subsections (a) and (b) and inserting the following: (a) Participation rate requirement (1) In general A State to which a grant is made under section 403 for a fiscal year shall achieve a minimum participation rate of 50 percent with respect to all families residing in the State that include a work-eligible individual. (2) Work-eligible individual defined (A) In general In subsection (a), the term work-eligible individual , subject to subparagraphs (B) and (C), means— (i) an adult recipient of assistance under the State program funded under this part or under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)); (ii) a former recipient of such assistance who is— (I) a parent of a dependent child who is such a recipient; and (II) no longer eligible for assistance under the State program funded under this part by reason of section 408(a)(7); and (iii) a participant in a subsidized employment program funded under this part or under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)). (B) Exclusion of individuals sanctioned or undergoing pre-sanction review The term work-eligible individual does not include any individual with respect to whom— (i) there is in effect a penalty imposed by the State under subsection (e) of this section; or (ii) the State has initiated (but not completed) the pre-sanction review process pursuant to section 408(a)(14)(A). (C) State option to exclude certain individuals A State may exclude from the term work-eligible individual any resident of the State who is— (i) a single parent caring for a child who has not attained 1 year of age; (ii) a recipient of supplemental security income benefits under title XVI, disability insurance benefits under title II, or other Federal or State benefits based on disability; (iii) an applicant for supplemental security income benefits under title XVI; (iv) an individual who is needed in the home of the individual to care for a disabled member of the family of the individual; or (v) an individual who (but for the exercise of the State option under this clause) would be a work-eligible individual under a tribal family assistance plan approved under section 412 or under a tribal work program to which funds are provided under this part. (b) Calculation of participation rates (1) Average monthly rate For purposes of subsection (a), the participation rate of a State for a fiscal year is the average of the participation rates of the State for each month in the fiscal year. (2) Monthly participation rate For purposes of paragraph (1), the participation rate of a State for a month, expressed as a percentage, is— (A) the number of families residing in the State that include a work-eligible individual who is engaged in work for the month; divided by (B) the number of families residing in the State that include a work-eligible individual. . (b) Participation requirements Section 407(c) ( 42 U.S.C. 607(c) ) is amended to read as follows: (c) Engaged in work For purposes of subsection (b): (1) General rule An individual is engaged in work for a month in a fiscal year if the recipient is participating in work activities for an average of at least 20 hours per week during the month. (2) Individuals complying with a modified employability plan deemed to be engaged in work An individual is deemed to be engaged in work for a month if the State determines that the individual is in substantial compliance with the activities and hourly participation requirements of a modified employability plan developed for the individual in accordance with section 408(h). (3) Single teen head of household or married teen who maintains satisfactory school attendance deemed to be engaged in work An individual who is married or a head of household and has not attained 20 years of age is deemed to be engaged in work for a month if the recipient maintains satisfactory attendance at secondary school or the equivalent during the month. . (c) Elimination of 12-Month limit on counting vocational educational training as a work activity Section 407(d)(8) ( 42 U.S.C. 607(d)(8) ) is amended by striking (not to exceed 12 months with respect to any individual) . 7. Work rules (a) Option of recipient To have trained personnel assess certain barriers to employment; additional matters required To be assessed Section 408(b)(1) ( 42 U.S.C. 608(b)(1) ) is amended— (1) by inserting (which, at the option of the recipient, shall be conducted by trained personnel with respect to barriers to employment specified by the recipient) after assessment ; and (2) by striking and employability and inserting employability, physical and mental impairments, English proficiency, child care needs, and whether the recipient is a victim of domestic or sexual violence, . (b) Individual responsibility plans (1) Plans required; plans to include well-being plans for children Section 408(b)(2)(A) (42 U.S.C. 608(b)(2)(A)) is amended— (A) in the matter preceding clause (i), by striking may and inserting shall ; (B) in clause (iv)— (i) by inserting , supports, after counseling ; and (ii) by striking and at the end; (C) in clause (v), by striking the period and inserting ; and ; and (D) by adding at the end the following: (vi) describe a well-being plan for each child in the family. . (2) Deadline for completion of plan Section 408(b)(2)(B) ( 42 U.S.C. 608(b)(2)(B) ) is amended by striking individual— and all that follows and inserting individual within 90 days after the individual is determined eligible for the assistance. . (3) Sanction for failure of State to develop plan Section 409(a) (42 U.S.C. 609(a)), as amended by section 5(c)(2)(A) of this Act, is amended by adding at the end the following: (16) Penalty for failure of State to develop required individual responsibility plan (A) In general If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(b)(2) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to not more than 5 percent of the State family assistance grant. (B) Penalty based on severity of failure The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance. . (4) Conforming amendment Section 408(b) ( 42 U.S.C. 608(b) ) is amended by striking paragraph (4). (c) Modified employability plans for certain individuals with disabilities Section 408 ( 42 U.S.C. 608 ) is amended by adding at the end the following: (h) Authority To develop modified employability plan for a recipient of assistance with, or caring for a family member with, a disability (1) In general A State may develop a modified employability plan for a recipient of assistance under the State program funded under this part— (A) who— (i) is a work-eligible individual (as defined in section 407(a)(2)); and (ii) has been determined by a qualified medical, mental health, addiction, or social services professional (as determined by the State) to have a disability; or (B) who is caring for a family member with a disability (as so determined). (2) Contents of plan The modified employability plan shall— (A) include a determination that, because of the disability of the recipient or the individual for whom the recipient is caring, reasonable modification of work activities, hourly participation requirements, or both, is needed in order for the recipient to participate in the activities; (B) describe the modified work activities in which the recipient is required to participate; (C) specify the number of hours per week for which the recipient is required to participate in the modified work activities, based on an evaluation by the State of the circumstances of the family; (D) describe the services, supports, and modifications that the State will provide to the recipient or the family of the recipient; (E) be developed in cooperation with the recipient; and (F) be reviewed not less often than every 6 months. (3) Definitions In this subsection: (A) Disability The term disability means a mental or physical impairment, including substance abuse or addiction, that— (i) constitutes or results in a substantial impediment to employment; or (ii) substantially limits 1 or more major life activities. (B) Modified work activities The term modified work activities means activities which the State has determined will help the recipient become employable. . (d) Sanctions (1) General sanction provisions (A) Prohibition on imposing lifetime or full family sanction (i) Prohibition Section 408(a) ( 42 U.S.C. 608(a) ) is amended by adding at the end the following: (13) Prohibition on imposing lifetime or full family sanction A State to which a grant is made under section 403 shall not impose a lifetime prohibition on the provision of assistance to any individual or family under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) on the basis of the failure of a member of the family to comply with a program requirement. . (ii) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by section 5(c)(2)(A) of this Act and subsection (b)(3) of this section, is amended by adding at the end the following: (17) Penalty for imposing lifetime or full family sanction If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . (B) Due process protections (i) In general Section 408(a) ( 42 U.S.C. 608(a) ), as amended by subparagraph (A)(i) of this paragraph, is amended by adding at the end the following: (14) Sanction procedures (A) Pre-sanction review process Before imposing a sanction against an individual or family receiving assistance under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for failure to comply with program requirements, the State shall take the following steps: (i) Provide or send notice to the individual or family, and, if the recipient’s native language is not English, through a culturally competent written or verbal translation, of the following information: (I) The specific reason for the proposed sanction. (II) The amount of the proposed sanction. (III) The length of time during which the proposed sanction would be in effect. (IV) The steps required to come into compliance or to show good cause for noncompliance. (V) That the agency will provide assistance to help the individual demonstrate good cause for noncompliance, or come into compliance with program requirements. (VI) That the individual may appeal the determination to impose a sanction, and the steps that the individual must take to pursue such an appeal. (ii) (I) Ensure that, subject to clause (iii)— (aa) an individual, other than the individual who determined that a sanction be imposed, will review the determination and have the authority to take the actions described in subclause (II); and (bb) the individual or family against whom the sanction is to be imposed shall be afforded the opportunity to meet with the individual who is reviewing the determination to impose the sanction. (II) The action described in this subclause are the following: (aa) Modify the determination to impose a sanction. (bb) Determine that there was good cause for the failure to comply. (cc) Recommend modifications to the individual responsibility or employment plan of an individual. (dd) Make such other determinations and take such other actions as may be appropriate. (iii) The review required under clause (ii) shall include consideration of the following: (I) To the extent applicable, whether barriers to compliance exist, such as a physical or mental impairment (including mental illness, substance abuse, mental retardation, or a learning disability), domestic or sexual violence, limited proficiency in English, limited literacy, homelessness, or the need to care for a child with a disability or health condition, that contributed to the noncompliance. (II) Whether the noncompliance resulted from failure to receive or have access to services identified as necessary in an individual responsibility or employment plan. (III) Whether changes to the individual responsibility or employment plan of an individual should be made in order for the individual to come into compliance. (IV) Whether there is good cause for any noncompliance. (V) Whether the sanction policies of the State have been applied properly. (B) Sanction follow-up requirements If a State imposes a sanction on a family or individual for failing to comply with program requirements, the State shall— (i) provide or send notice to the individual or family, in language calculated to be understood by the individual or family, and, if the individual’s or family’s native language is not English, through a culturally competent translation, of the reason for the sanction and the steps the individual or family must take to end the sanction; (ii) resume full assistance, services, or benefits to the individual or family under the program (if the individual or family is otherwise eligible for the assistance, services, or benefits) once the individual who was not in compliance with program requirements that led to the sanction complies with the requirements for a reasonable period of time, as determined by the State and subject to State discretion to reduce the period; and (iii) if the State has not resumed providing the assistance, services, or benefits as of the end of the 120-day period that begins on the date that is 60 days after the date on which the sanction was imposed, provide notice to the individual or family, in language calculated to be understood by the individual or family, of the steps the individual or family must take to end the sanction, and of the availability of assistance to come into compliance or demonstrate good cause for noncompliance. (C) Notice to evicted persons The State shall make a reasonable effort to provide to an individual or family that has been evicted from a residence for failure to pay rent or as a result of another problem related to poverty, any notice required by this paragraph to be provided to the individual or family. . (ii) Penalty Section 409(a) ( 42 U.S.C. 609(a) ), as amended by section 5(c)(2)(A) of this Act, subsection (b)(3) of this section, and subparagraph (A)(ii) of this paragraph, is amended by adding at the end the following: (18) Penalty for failure to follow sanction procedures (A) In general If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(14) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to not more than 5 percent of the State family assistance grant. (B) Penalty based on severity of failure The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance. . (iii) State plan requirement to describe how states will notify applicants and recipients of their rights under the program and of potential benefits and services available under the program Section 402(a)(1)(B)(iii) (42 U.S.C. 602(a)(1)(B)(iii)) is amended by inserting , and will notify applicants and recipients of assistance under the program of the rights of individuals under all laws applicable to program activities and of all potential benefits and services available under the program before the period. (2) Modifications to work sanction (A) Elimination of full family sanction; State required to establish certain good cause exceptions Section 407(e)(1) ( 42 U.S.C. 607(e)(1) ) is amended— (i) by striking shall— and all that follows through subparagraph (B) and inserting shall reduce the amount of assistance otherwise payable to the family pro rata with respect to any period during a month in which the individual so refuses, ; and (ii) by striking may establish and inserting the following shall establish, which shall include the decline of an offer of employment at a wage less than the greater of the applicable Federal or State minimum wage, or 80 percent of the wage that would have governed had the minimum hourly rate under the Fair Labor Standards Act been applicable to the offer of employment, at a site subject to a strike or lockout at the time of refusal, or for medical reasons or a lack of sufficient physical strength or stamina . (B) Prohibition on sanctioning individual for failure to engage in work if individual has a child under age 6 months or if failure results from inability to secure child care or after-school arrangements for a child under age 13 Section 407(e)(2) ( 42 U.S.C. 607(e)(2) ) is amended by striking refusal and all that follows and inserting failure of an individual to engage in work required in accordance with this section if— (A) the individual is a single custodial parent caring for a child who has not attained 6 months of age; or (B) the individual is the single custodial parent caring for a child who has not attained 13 years of age, and the failure resulted from the inability of the individual to secure child care or after-school arrangements for the child . (3) Modifications to child support sanction Section 408(a)(2) ( 42 U.S.C. 608(a)(2) ) is amended by striking State— and all that follows and inserting State shall deduct from the assistance that would otherwise be provided to the family of the individual under the State program funded under this part an amount equal to 25 percent of the amount of the assistance. . (e) Related state plan requirement Section 402(a) ( 42 U.S.C. 602(a) ) is amended by adding at the end the following: (8) Certification that employment assessments and sanction reviews will be conducted by competent personnel A certification by the chief executive officer of the State that the employment assessments conducted pursuant to section 408(b)(1) and the sanction reviews conducted pursuant to section 408(a)(14)(A) will be conducted by personnel who have sufficient education, training, and professional competence to do so, which shall include information on the education, training, and professional competence that State will require of the personnel. . 8. Prohibition on imposing limit of less than 60 months on duration of assistance (a) Prohibition (1) In general Section 408(a)(7) (42 U.S.C. 608(a)(7)) is amended— (A) in the paragraph heading, by striking No assistance for more than 5 years and inserting Durational limits on assistance ; (B) in the heading for subparagraph (A), by striking In general and inserting No assistance for more than 5 years ; and (C) by adding at the end the following: (H) Prohibition on limiting duration of assistance to less than 60 months A State to which a grant is made under section 403 shall not impose a limit of less than 60 months on the duration for which a family may be provided assistance from Federal or State funds under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)). . (2) Conforming amendment The heading of section 409(a)(9) ( 42 U.S.C. 609(a)(9) ) is amended by striking 5-year limit and inserting rules governing durational limits . (b) Requirement To conduct outreach To inform potentially eligible families of elimination of durational limit on assistance of less than 60 months (1) In general Section 408(a) ( 42 U.S.C. 608(a) ), as amended by section 7(d)(1) of this Act, is amended by adding at the end the following: (15) Requirement to conduct outreach to inform potentially eligible recipients of assistance of elimination of durational limit on assistance of less than 60 months A State to which a grant is made under section 403 for a fiscal year that, before the effective date of this paragraph, denied assistance under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)) to an individual or family on the basis of a durational limit on the assistance that was imposed other than under section 408(a)(7) shall conduct outreach to inform individuals and families who were so denied that they may be eligible for additional months of the assistance. . (2) Penalty Section 409(a) ( 42 U.S.C. 609(a) ), as amended by sections 5(c)(2)(A) and 7(d)(1) of this Act, is amended by adding at the end the following: (19) Failure to conduct outreach to inform potentially eligible recipients of assistance of elimination of durational limit on assistance of less than 60 months If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(15) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . (c) State plan required To include description of how potentially eligible recipients will be informed of elimination of durational limit on assistance of less than 60 months Section 402(a)(1)(B) ( 42 U.S.C. 602(a)(1)(B) ) is amended by adding at the end the following: (vi) In the case of a State that, before the date this clause takes effect, denied assistance under the program to an individual or family on the basis of a durational limit on the assistance that was imposed other than under section 408(a)(7), the document shall describe how the State intends to inform the individuals and families who were so denied that they may be eligible for additional months of the assistance. . 9. Response of TANF program to economic recessions (a) Inapplicability of durational limit on assistance Section 408(a)(7) ( 42 U.S.C. 608(a)(7) ), as amended by section 8(a)(1)(C) of this Act, is amended by adding at the end the following: (I) Inapplicability of durational limit during recession Subparagraph (A) shall not apply in a State during any month which is in a high unemployment period with respect to the State. (J) Disregard of assistance provided during recession In determining the number of months for which an adult has received assistance under a State or tribal program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)), the State or tribe shall disregard any month which is in a high unemployment period with respect to the State. (K) 6-month grace period required after recession Subparagraph (A) shall not apply to a recipient of assistance under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)) during the 6-month period that begins with the month immediately following a high unemployment period with respect to the State if the recipient received the assistance for the last month of the period. . (b) Requirement To conduct outreach To inform potentially eligible families of suspension of durational limit on assistance (1) In general Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 7(d)(1) and 8(b)(1) of this Act, is amended by adding at the end the following: (16) Requirement to conduct outreach to inform potentially eligible recipients of assistance of suspension of durational limit on assistance In each month which is a high unemployment period with respect to a State to which a grant is made under section 403 for a fiscal year, the State shall conduct outreach to inform individuals and families who are potentially eligible for assistance under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)) of the suspension of any durational limit on assistance under the program. . (2) Penalty Section 409(a) ( 42 U.S.C. 609(a) ), as amended by sections 5(c)(2)(A), 7(d)(1), and 8(b)(2) of this Act, is amended by adding at the end the following: (20) Failure to conduct outreach to inform potentially eligible recipients of assistance of suspension of durational limit on assistance If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(16) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . (c) State plan required To include description of how potentially eligible recipients will be informed of suspension of time limits during recession Section 402(a)(1)(B) ( 42 U.S.C. 602(a)(1)(B) ), as amended by section 8(c) of this Act, is amended by adding at the end the following: (vii) The document shall describe how the State intends to inform potentially eligible recipients of assistance under the program of the suspension of durational limits on the assistance during a high unemployment period with respect to the State. . (d) High unemployment period defined Section 419 ( 42 U.S.C. 619 ) is amended by adding at the end the following: (6) High unemployment period defined The term high unemployment period means, with respect to a State, a period of 1 or more consecutive months if the average rate of total unemployment in the State (seasonally adjusted) for the period consisting of the then most recent 3 months for which data for all States are published equals or exceeds 6.5 percent. . 10. Requirement that States use merit-based system in administration of TANF programs (a) Program requirement Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 7(d)(1), 8(b)(1), and 9(b)(1) of this Act, is amended by adding at the end the following: (17) Requirement to use merit-based system in administering program A State to which a grant is made under section 403 shall establish and maintain personnel standards through a merit-based system, in administering the State program funded under this part and any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)). . (b) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2), and 9(b)(2) of this Act, is amended by adding at the end the following: (21) Penalty for failure to use merit-based system in administering program If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(17) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . 11. Ban on using Federal TANF funds to replace State and local spending that does not meet the definition of qualified State expenditures (a) Prohibition Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 7(d)(1), 8(b)(1), 9(b)(1), and 10(a) of this Act, is amended by adding at the end the following: (18) Ban on using federal TANF funds to replace state or local spending that is not a qualified state expenditure A State to which a grant is made under section 403, and a sub-State entity that receives funds from such a grant, shall not expend any part of the grant funds to supplant State or local spending for benefits or services which are not qualified State expenditures (within the meaning of section 409(a)(7)(B)(i)). . (b) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2), 9(b)(2), and 10(b) of this Act, is amended by adding at the end the following: (22) Use of federal TANF funds to replace state or local spending that is not a qualified state expenditure If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(18) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . 12. TANF assistance to meet basic family economic needs (a) State plan requirement Section 402(a)(1)(B) ( 42 U.S.C. 602(a)(1)(B) ), as amended by sections 8(c) and 9(d) of this Act, is amended by adding at the end the following: (viii) Family budget provisions The document shall set forth a family budget of a dollar amount sufficient to meet the basic economic needs (including food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses) of a family, how the family budget is adjusted for family size, the method used to estimate the family budget (including a statement of the relationship between shelter and utility costs and the fair market rents in localities in the State), and the relationship between the amount of assistance provided to each family under the program and the amount of the family budget for the family. . (b) Program requirement Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 7(d)(1), 8(b)(1), 9(b)(1), 10(a), and 11(a) of this Act, is amended by adding at the end the following: (19) Requirement that amount of assistance meet basic economic needs A State to which a grant is made under section 403 shall ensure that the total amount of assistance provided to a family under the State program funded under this part and all programs funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for which the family is eligible is sufficient to meet the basic economic needs of the family, taking into account all earned and unearned income of the family and an amount not to exceed the value of the supplemental nutrition assistance benefits provided to the family under the Food and Nutrition Act of 2008. . (c) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2), 9(b)(2), 10(b), and 11(b) of this Act, is amended by adding at the end the following: (23) Penalty for failure of State tanf assistance to meet basic economic needs of a recipient family If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(19) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . 13. State plans and reports on child poverty (a) Child poverty reduction as a purpose of the TANF program Section 401(a)(1) ( 42 U.S.C. 601(a)(1) ) is amended by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively, and by inserting before paragraph (2) (as so redesignated) the following: (1) reduce poverty among children; . (b) State plan provisions (1) Matters required to be addressed Section 402(a)(1)(A) ( 42 U.S.C. 602(a)(1)(A) ) is amended by adding at the end the following: (ix) Goals and methods for reducing child poverty Reduce child poverty using Federal funds provided under this part and State funds, including establishing numerical goals for reducing child poverty. (x) Goals and tracking of work outcomes Track work-related outcomes for recipients of assistance under the program, such as employment entries, wages, and job retention, including establishing numerical goals for work-related outcomes for recipients. (xi) Provide preventative services to families at-risk of abuse or neglect Provide benefits and services to families at-risk of having their children removed from the home because of abuse and neglect, using Federal funds provided under this part and State funds. (xii) How noncustodial parents will be served Serve noncustodial parents, using Federal funds provided under this part and State funds. . (2) Public availability Section 402(c) ( 42 U.S.C. 602(c) ) is amended to read as follows: (c) Public availability (1) In general The State shall make available to the public, including by posting on a public website of the State or another appropriate website— (A) each draft of any plan or plan amendment to be submitted by the State under this section, for at least 45 days before the submission; and (B) any such plan or amendment certified by the Secretary to be complete. (2) Procedures The State shall establish procedures to receive and respond to comments from the public, private sector organizations, and local governments on any draft referred to in paragraph (1). . (c) Annual performance report Section 411 ( 42 U.S.C. 611 ) is amended by adding at the end the following: (e) Annual performance report by States Not later than December 31 of each year, each eligible State shall submit to the Secretary (in accordance with such form and content rules as the Secretary, in consultation with the National Governor’s Association, National Association of State Legislatures, and the American Public Human Services Association, develops) a report on the following aspects of the State program funded under this part in the preceding fiscal year: (1) Whether the State met the child poverty reduction goals set forth in the State plan. This part of the report shall include a discussion of the factors, including benefits, services, and activities funded with Federal funds provided under this part or State funds, which contributed to the meeting of, or the failure to meet, the goals. (2) Whether the work programs of the State were effective in meeting the objectives and numerical goals of the State plan. This part of the report shall include a discussion of data derived from the tracking of recipients, including— (A) the number of families that left the State program funded under this part; (B) the employment rate for those who left the program in each calendar quarter; (C) the wage rates of those who left the program, including the percentage of leavers who, in each calendar quarter, earned an amount equal to at least 50 percent of the average wage then paid in the State; and (D) the employment outcomes of those who left the program because of a durational limit on assistance, reported at 6 months, 12 months, 24 months, and 36 months after leaving the program. The Secretary shall provide States with technical assistance in preparing this part of the report, including by providing States with data from the National Directory of New Hires. (3) Whether the State has been effective in providing benefits and services under the program to persons with disabilities. This part of the report shall include a report on recipients of assistance under the State program funded under this part who participated in work activities (as defined in section 407(d)) pursuant to a modified employability plan due to disability, including the following: (A) The aggregate number of recipients with modified employability plans due to a disability. (B) The percentage of all recipients with modified employability plans who substantially complied with activities set forth in the plans each month of the fiscal year. (C) Information regarding the most prevalent types of physical and mental impairments that provided the basis for the disability determinations. (D) The percentage of cases with a modified employability plan in which the recipient had a disability, was caring for a child with a disability, or was caring for another family member with a disability. (E) A description of the most prevalent types of modification in work activities or hours of participation that were included in the modified employability plans. (F) A description of the qualifications of the staff who determined whether individuals had a disability, of the staff who determined that individuals needed modifications to their work requirements, and of the staff who developed the modified employability plans. (4) The effectiveness of the benefits and services provided under the State program in reducing the number of children removed from their homes because of abuse and neglect. This part of the report shall include an analysis which includes the following: (A) The number of families provided the benefits or services that were at risk of having their children removed from the home. (B) The number of families served by the program that had 1 or more children removed from the home because of abuse or neglect. (5) An analysis of the extent to which the benefits and services under the State program were provided to noncustodial parents. (6) How funds provided to the State under this part, with a separate accounting for funds provided under section 403(a)(3) and funds provided under section 403(b), were used to serve areas of the State with the greatest need (as referred to in section 402(a)(1)(A)(i)). This part of the report shall include supporting data. . (d) Annual report to Congress on the efforts of State programs To promote and support employment for individuals with disabilities Section 411 ( 42 U.S.C. 611 ), as amended by subsection (c) of this section, is amended by adding at the end the following: (f) Report by Secretary Not later than July 31 of each fiscal year, the Secretary shall submit to the Congress a report, entitled Efforts in State TANF Programs to Promote and Support Employment for Individuals with Disabilities , that includes information on State efforts to engage individuals with disabilities in work activities during the preceding fiscal year. The report shall include the following information: (1) For each State, the number of individuals for whom the State has developed a modified employability plan. (2) The types of physical and mental impairments that provided the basis for the disability determination, and whether the individual with the disability was an adult recipient or minor child head of household, a child, or a non-recipient family member. (3) The types of modifications that States have included in modified employability plans. (4) The extent to which individuals with a modified employability plan are participating in work activities. (5) For each State, an analysis of the extent to which the option to establish modified employability plans was a factor in the State achieving or not achieving the minimum participation rate required by section 407(a). . (e) Report to Congress on legislative options To reward States with high employment rates and high rates of employment at good wages Within 4 years after the effective date of this section, the Secretary of Health and Human Services shall submit to the Congress a report that sets forth options for the enactment of legislation to provide financial or other rewards to States that have high rates of employment and high rates of employment at good wages. 14. Requirement that States adopt standards and procedures to address domestic and sexual violence among TANF recipients (a) In general Section 402(a)(7) (42 U.S.C. 602(a)(7)) is amended— (1) by striking the paragraph heading and inserting Certification of standards and procedures regarding domestic and sexual violence ; (2) by striking subparagraph (A) and inserting the following: (A) In general A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to ensure the right and entitlement of victims of domestic or sexual violence (notwithstanding section 401(b)) seeking or receiving assistance under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i))— (i) to be screened and identified while maintaining the confidentiality of the victims; (ii) to be referred to counseling and supportive services; (iii) to be granted a waiver, pursuant to a determination of good cause, of program requirements such as time limits (for so long as necessary), residency requirements, child support cooperation requirements, and family cap provisions, in cases where compliance with the requirements would make it more difficult for the victims to escape domestic or sexual violence or unfairly penalize the victims or other individuals who are at risk of further domestic or sexual violence; (iv) to apply to participate in the program on the same day the victim appears in person in a program office during office hours; (v) to have an application that contains the name, address, and signature of the victim considered to be filed on the date the application is submitted; (vi) to receive at the time of application a clear, written statement explaining what the victim must do to cooperate in obtaining verification and otherwise completing the application process; and (vii) if the victim has completed the application process, to have the eligibility of the victim for assistance determined promptly, and to be provided assistance retroactive to the application date if determined eligible within 30 days after the application date. ; and (3) in subparagraph (B)— (A) in the subparagraph heading, by inserting or sexual after Domestic ; and (B) in the text, by inserting or sexual after domestic . (b) Report to the Congress on best practices of States Section 413 ( 42 U.S.C. 613 ) is amended by adding at the end the following: (k) Report to Congress on best practices of States in addressing domestic and sexual violence suffered by TANF recipients Every 4 years, the Secretary shall prepare and submit to the Congress a report which examines the practices of States in implementing section 402(a)(7), and identifies the best practices used to do so. . (c) Effective date The amendments made by this section shall take effect on October 1, 2013. 15. Child care entitlement (a) Replacement of requirement that portion of funds be used for certain populations with child care guarantee Section 418(b)(2) ( 42 U.S.C. 618(b)(2) ) is amended to read as follows: (2) Child care to be guaranteed for certain populations As a condition of receiving funds under this section, a State shall guarantee the provision of child care services to— (A) each recipient of assistance under the State program funded under this part or under a State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) of this Act, and to each work-eligible individual (as defined in section 407(a)(2) of this Act), for any period in which the recipient or individual is— (i) participating in a work activity (as defined in section 407(d) of this Act); (ii) employed, and in a family the total income of which does not exceed 250 percent of the poverty line (within the meaning of section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section applicable to a family of the size involved); or (iii) engaged in employment subsidized by the State; or (B) each individual who is a former recipient of assistance under such a program or a former work-eligible individual, for any portion of the 24-month period, beginning with the date the individual left the program involved, in which the individual is employed and in a family that meets the income requirement of subparagraph (A)(ii). . (b) Elimination of State caps Section 418(a) ( 42 U.S.C. 618(a) ) is amended— (1) in paragraph (2)— (A) by striking subparagraphs (B) and (D) and redesignating subparagraph (C) as subparagraph (B); and (B) in subparagraph (B) (as so redesignated), by striking the lesser of the State's allotment under subparagraph (B) or ; and (2) in paragraph (5), by striking (2)(C) and inserting (2)(B) . (c) Open-Ended entitlement Section 418(a) ( 42 U.S.C. 618(a) ) is amended— (1) in paragraph (1), by striking Subject to the amount appropriated under paragraph (3), each and inserting Each ; and (2) in paragraph (3), by striking appropriated— and all that follows and inserting appropriated such sums as are necessary to carry out this section for each fiscal year. . (d) Use of funds in accordance with child care and development block grant act of 1990 except as required by child care guarantee Section 418(c) (42 U.S.C. 618(c)) is amended by inserting except to the extent that such a requirement or limitation would interfere with the provision of child care services required by subsection (b)(2) before the period. 16. Child support enforcement (a) Elimination of ban on providing assistance to families not assigning certain support rights to the State (1) In general Section 408(a) ( 42 U.S.C. 608(a) ) is amended by striking paragraph (3). (2) Conforming amendments The following provisions are each amended by inserting after section 408(a)(3) the following: (as in effect before the effective date of the amendments made by section 10(a) of the Rewriting to Improve and Secure an Exit Out of Poverty Act took effect) : (A) Section 452(a)(10)(C) ( 42 U.S.C. 652(a)(10)(C) ). (B) Section 452(h) (42 U.S.C. 652(h)). (C) Section 454(5)(A) ( 42 U.S.C. 654(5)(A) ). (D) Section 456(a)(1) ( 42 U.S.C. 656(a)(1) ). (E) Section 457(a)(2)(B)(i) ( 42 U.S.C. 657(a)(2)(B)(i) ). (F) Section 457(a)(3)(A) ( 42 U.S.C. 657(a)(3)(A) ). (G) Section 457(a)(3)(B) ( 42 U.S.C. 657(a)(3)(B) ). (H) Section 464(a)(1) ( 42 U.S.C. 664(a)(1) ). (I) Section 466(a)(3)(B) ( 42 U.S.C. 666(a)(3)(B) ). (b) Requirement that all child support collected on behalf of a child in a family receiving TANF be distributed to the family (1) In general Section 457 ( 42 U.S.C. 657 ) is amended— (A) in subsection (c)(1), by striking means— and all that follows through (B) foster and inserting means foster ; and (B) by adding at the end the following: (f) Notwithstanding the preceding provisions of this section, all amounts collected by a State as child support on behalf of a child in a family that is receiving assistance under the State program funded under part A or under the State plan approved under part A of this title (as in effect on the day before the date of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996) shall be distributed to the family. . (2) Conforming amendments Section 458(b)(5)(C)(i)(I) (42 U.S.C. 658(b)(5)(C)(i)(I)) is amended— (A) by inserting is collected on behalf of a child described in section 457(f) or after involved ; and (B) by striking A or . 17. State option to extend eligibility for assistance to children through age 21; prohibition on considering financial aid tied to education of child in determining eligibility for, or amount of assistance; prohibition on imposing additional requirements based on educational enrollment of child (a) State option To extend TANF to children under age 22 Section 419(2) ( 42 U.S.C. 619(2) ) is amended— (1) by striking or at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; or ; and (3) by adding at the end the following: (C) at the option of the State, has not attained 22 years of age. . (b) Ban on considering financial aid tied to education of child in determining eligibility for, or amount of assistance; ban on imposing additional requirements based on educational enrollment of child (1) Prohibitions Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(1), 9(b)(1), 10(a), 11(a), and 12(b) of this Act, is amended by adding at the end the following: (20) Ban on considering financial aid tied to education of child in determining eligibility for, or amount of assistance; ban on imposing additional requirements based on educational enrollment of child A State to which a grant is made under section 403 for a fiscal year shall not— (A) consider financial aid tied to the training, school attendance, or postsecondary school attendance of a minor child in determining that the eligibility of the family of the child for, or the amount of assistance to be provided to the family, under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)); or (B) impose additional requirements on a family solely because the family includes a minor child who is enrolled in a training program, school, or post-secondary educational institution. . (2) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2), 9(b)(2), 10(b), 11(b), and 12(c) of this Act, is amended by adding at the end the following: (24) Considering educational enrollment of child or of financial aid tied to education of child If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(20) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . 18. Elimination of certain other bars to TANF assistance (a) Bar on assistance for persons convicted of drug felonies Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a ) is amended— (1) in the section heading by striking assistance and and inserting supplemental nutrition assistance ; (2) in subsection (a), by striking for— and all that follows through (2) benefits and inserting for benefits ; (3) in subsection (b), by striking all through The amount of benefits and inserting the following: (b) Effects on benefits for others The amount of benefits ; (4) in subsection (c), by striking assistance or ; and (5) in subsection (e), by striking it— and all that follows through in section 3(s) and inserting it in section 3(s) . (b) Bar on assistance for unwed teen parents not in school Section 408(a) ( 42 U.S.C. 608(a) ) is amended by striking paragraph (4). (c) Bar on assistance for teens not in an adult-Supervised living arrangement Section 408(a) ( 42 U.S.C. 608(a) ) is amended by striking paragraph (5). (d) Redesignation of provisions (1) In general Section 408(a) ( 42 U.S.C. 608(a) ), as amended by the preceding provisions of this Act, is amended by redesignating paragraphs (6) through (20) as paragraphs (3) through (17), respectively. (2) Conforming amendments (A) Section 402(a)(7)(B) ( 42 U.S.C. 602(a)(7)(B) ) is amended by striking 408(a)(7)(C)(iii) and inserting 408(a)(4)(C)(iii) . (B) Section 403(a)(5)(C)(ii)(II) ( 42 U.S.C. 603(a)(5)(C)(ii)(II) ) is amended by striking 408(a)(7)(C) and inserting 408(a)(4)(C) . (C) Section 403(a)(5)(C)(v) ( 42 U.S.C. 603(a)(5)(C)(v) ) is amended by striking 408(a)(7) and inserting 408(a)(4) . (D) Section 409(a)(7)(B)(i)(IV) ( 42 U.S.C. 609(a)(7)(B)(i)(IV) ) is amended by striking 408(a)(7) and inserting 408(a)(4) . (E) Section 409(a)(9) ( 42 U.S.C. 609(a)(9) ) is amended by striking 408(a)(7) and inserting 408(a)(4) . (F) Section 409(a)(17), as added by section 7(d)(1)(A)(ii) of this Act, is amended by striking 408(a)(13) and inserting 408(a)(10) . (G) Section 409(a)(18), as added by section 7(d)(1)(B)(ii) of this Act, is amended by striking 408(a)(14) and inserting 408(a)(11) . (H) Section 409(a)(19), as added by section 8(b)(2) of this Act, is amended by striking 408(a)(15) and inserting 408(a)(12) . (I) Section 409(a)(20), as added by section 9(b)(2) of this Act, is amended by striking 408(a)(16) and inserting 408(a)(13) . (J) Section 409(a)(21), as added by section 10(b) of this Act, is amended by striking 408(a)(17) and inserting 408(a)(14) . (K) Section 409(a)(22), as added by section 11(b) of this Act, is amended by striking 408(a)(18) and inserting 408(a)(15) . (L) Section 409(a)(23), as added by section 12(c) of this Act, is amended by striking 408(a)(19) and inserting 408(a)(16) . (M) Section 409(a)(24), as added by section 17(b)(2) of this Act, is amended by striking 408(a)(20) and inserting 408(a)(17) . (N) Section 411(a)(1)(A)(xvi) ( 42 U.S.C. 611(a)(1)(A)(xvi) ) is amended by striking 408(a)(7) and inserting 408(a)(7)(A) . 19. Effective date (a) In general Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on October 1, 2013, and shall apply to payments under title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b) Delay permitted if state legislation required If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under part A or E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature."}}},{"rowIdx":1542,"cells":{"tv_id":{"kind":"string","value":"113-hr-815-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-815"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":815,"string":"815"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr815ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr815ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:45.286"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 815 IH: To amend the Internal Revenue Code of 1986 to make certain dividends and distributions paid to individuals from certain small businesses exempt from tax to the extent of the increased wages of the small business.\n \n \n U.S. House of Representatives\n \n \n 2013-02-25\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Exemption for certain\n\t\t\t distributions of small businesses to extent of increased wages\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n Part III of\n\t\t\t subchapter B of\n \n chapter 1\n \n of the Internal Revenue Code of 1986 is amended by\n\t\t\t inserting before section 140 the following new section:\n \n \n \n \n 139F.\n \n \n Increased-wage\n\t\t\t\tdistributions of small businesses\n \n \n \n (a)\n \n \n Application to\n\t\t\t\tcorporations\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n In the case of a distribution to an individual from a\n\t\t\t\tcorporation which is a small business concern, gross income shall not include\n\t\t\t\tany increased-wage exempt-dividend.\n \n \n \n \n (2)\n \n \n Increased-wage\n\t\t\t\texempt-dividend\n \n \n For purposes of this subsection—\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n The term\n \n \n \n \n (B)\n \n \n Designation\n \n \n A\n\t\t\t\tcorporation which is a small business concern may designate any dividend paid\n\t\t\t\tby such corporation as an increased-wage exempt-dividend to the extent that the\n\t\t\t\taggregate amount of the dividends so designated for any taxable year does not\n\t\t\t\texceed the wage increase amount for such taxable year.\n \n \n \n \n \n \n (b)\n \n \n Application to\n\t\t\t\tpartnerships\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n In the case of a distribution to an individual from a\n\t\t\t\tpartnership which is a small business concern—\n \n \n \n (A)\n \n \n no gain shall be\n\t\t\t\trecognized on any increased-wage partnership distribution, and\n \n \n \n \n (B)\n \n \n in the case of an\n\t\t\t\tincreased-wage partnership distribution with respect to which no gain is\n\t\t\t\trecognized under section 731(a)(2), no reduction shall be made to the adjusted\n\t\t\t\tbasis to the partner of his interest in the partnership under section\n\t\t\t\t733(1).\n \n \n \n \n \n (2)\n \n \n Increased-wage\n\t\t\t\tpartnership distribution\n \n \n For purposes of this subsection—\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n The term\n \n \n \n \n (B)\n \n \n Designation\n \n \n A\n\t\t\t\tpartnership which is a small business concern may designate any cash\n\t\t\t\tdistribution as an increased-wage partnership distribution to the extent that\n\t\t\t\tthe aggregate amount of the distributions so designated for any taxable year\n\t\t\t\tdoes not exceed the wage increase amount for such taxable year.\n \n \n \n \n \n \n (c)\n \n \n Wage increase\n\t\t\t\tamount\n \n \n For purposes of this section—\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n The term\n \n \n \n (A)\n \n \n the excess (if\n\t\t\t\tany) of—\n \n \n \n (i)\n \n \n the aggregate qualified wages paid or\n\t\t\t\tincurred by the corporation or partnership for such taxable year, over\n \n \n \n \n (ii)\n \n \n the aggregate\n\t\t\t\tqualified wages paid or incurred by the corporation or partnership for the\n\t\t\t\tpreceding taxable year, plus\n \n \n \n \n \n (B)\n \n \n any increased-wage\n\t\t\t\texempt-dividends or increased-wage partnership distributions received by such\n\t\t\t\tcorporation or partnership during such taxable year.\n \n \n \n \n \n (2)\n \n \n Qualified\n\t\t\t\twages\n \n \n The term\n \n \n \n \n (3)\n \n \n Aggregation\n\t\t\t\trule\n \n \n All persons treated as a\n\t\t\t\tsingle employer under subsection (a) or (b) of section 52 shall be treated as\n\t\t\t\tone person for purposes of this subsection.\n \n \n \n \n (4)\n \n \n Treatment of\n\t\t\t\tpredecessors\n \n \n Any reference in\n\t\t\t\tthis subsection to a corporation or partnership shall include a reference to\n\t\t\t\tany predecessor of such corporation or partnership.\n \n \n \n \n \n (d)\n \n \n Small business\n\t\t\t\tconcern\n \n \n For purposes of this section, the term\n \n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Conforming\n\t\t\t amendments\n \n \n \n (1)\n \n \n Section\n\t\t\t 1(h)(11)(B)(ii) of such Code is amended by striking\n \n \n \n \n (IV)\n \n \n any increased-wage exempt-dividend (as\n\t\t\t\tdefined in section\n\t\t\t\t139F).\n \n \n \n .\n \n \n \n \n \n (2)\n \n \n The table of sections for part III of\n\t\t\t subchapter B of chapter 1 of such Code is amended by inserting before the item\n\t\t\t relating to section 140 the following new item:\n \n \n \n \n Sec. 139F. Increased-wage\n\t\t\t\tdistributions.\n \n \n \n .\n \n \n \n \n \n \n (c)\n \n \n Effective\n\t\t\t date\n \n \n The amendments made by this section shall apply to taxable\n\t\t\t years beginning after December 31, 2012.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 815 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Owens introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make certain dividends and distributions paid to individuals from certain small businesses exempt from tax to the extent of the increased wages of the small business.\n\n1. Exemption for certain distributions of small businesses to extent of increased wages (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: 139F. Increased-wage distributions of small businesses (a) Application to corporations (1) In general In the case of a distribution to an individual from a corporation which is a small business concern, gross income shall not include any increased-wage exempt-dividend. (2) Increased-wage exempt-dividend For purposes of this subsection— (A) In general The term increased-wage exempt-dividend means any dividend properly designated as an increased-wage exempt-dividend under subparagraph (B). (B) Designation A corporation which is a small business concern may designate any dividend paid by such corporation as an increased-wage exempt-dividend to the extent that the aggregate amount of the dividends so designated for any taxable year does not exceed the wage increase amount for such taxable year. (b) Application to partnerships (1) In general In the case of a distribution to an individual from a partnership which is a small business concern— (A) no gain shall be recognized on any increased-wage partnership distribution, and (B) in the case of an increased-wage partnership distribution with respect to which no gain is recognized under section 731(a)(2), no reduction shall be made to the adjusted basis to the partner of his interest in the partnership under section 733(1). (2) Increased-wage partnership distribution For purposes of this subsection— (A) In general The term increased-wage partnership distribution means any cash distribution from the partnership to a partner which is properly designated as an increased-wage partnership distribution under subparagraph (B). (B) Designation A partnership which is a small business concern may designate any cash distribution as an increased-wage partnership distribution to the extent that the aggregate amount of the distributions so designated for any taxable year does not exceed the wage increase amount for such taxable year. (c) Wage increase amount For purposes of this section— (1) In general The term wage increase amount means, with respect to any corporation or partnership for any taxable year, the sum of— (A) the excess (if any) of— (i) the aggregate qualified wages paid or incurred by the corporation or partnership for such taxable year, over (ii) the aggregate qualified wages paid or incurred by the corporation or partnership for the preceding taxable year, plus (B) any increased-wage exempt-dividends or increased-wage partnership distributions received by such corporation or partnership during such taxable year. (2) Qualified wages The term qualified wages has the meaning which would be given such term by section 3121(a) if paragraph (1) thereof were applied by treating the contribution and benefit base as being equal to $50,000. (3) Aggregation rule All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of this subsection. (4) Treatment of predecessors Any reference in this subsection to a corporation or partnership shall include a reference to any predecessor of such corporation or partnership. (d) Small business concern For purposes of this section, the term small business concern has the meaning given such term by section 3 of the Small Business Act. . (b) Conforming amendments (1) Section 1(h)(11)(B)(ii) of such Code is amended by striking and at the end of subclause (II), by striking the period at the end of subclause (III) and inserting , and , and by adding at the end the following new subclause: (IV) any increased-wage exempt-dividend (as defined in section 139F). . (2) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item: Sec. 139F. Increased-wage distributions. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012."}}},{"rowIdx":1543,"cells":{"tv_id":{"kind":"string","value":"113-hr-816-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-816"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":816,"string":"816"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr816ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr816ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:46.286"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 816 IH: Sequestration Flexibility Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-25\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Transfer\n\t\t\t authority\n \n \n Section 251A of the\n\t\t\t Balanced Budget and Emergency Deficit Control Act of 1985 (\n \n 2 U.S.C. 901a\n \n ) is\n\t\t\t amended by adding at the end the following new paragraph:\n \n \n \n \n (12)\n \n \n Transfer\n\t\t\t\tauthority for fiscal year 2013 and 2014 appropriations\n \n \n The head of any department or agency of the\n\t\t\t\tGovernment may transfer amounts within that department or agency for fiscal\n\t\t\t\tyear 2013 or for fiscal year 2014 in order to lessen the effect of a\n\t\t\t\tpresidential sequestration order for that fiscal year on any program, project,\n\t\t\t\tor activity within that department or agency, but no such transfer may cause\n\t\t\t\tany account to be at a higher level than it was before such\n\t\t\t\tsequestration.\n \n \n \n .\n \n \n \n \n \n 3.\n \n \n Congressional\n\t\t\t notice\n \n \n Not later than 15 days\n\t\t\t after any transfer under section 1, the head of any department or agency making\n\t\t\t any such transfer shall submit to the committees of the House of\n\t\t\t Representatives and the Senate with subject matter jurisdiction over such\n\t\t\t department or agency a report setting forth a description of the transfer,\n\t\t\t including the amount of the transfer and the accounts from and to which the\n\t\t\t funds were transferred.\n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 816 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Ribble (for himself, Mr. Mulvaney , Mr. Rice of South Carolina , Mr. Petri , and Mr. McKinley ) introduced the following bill; which was referred to the Committee on the Budget A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to allow intraagency transfers of funds to provide more flexibility for the agency to comply with a presidential sequestration order for fiscal year 2013 or 2014.\n\n1. Short title This Act may be cited as the Sequestration Flexibility Act of 2013 . 2. Transfer authority Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a ) is amended by adding at the end the following new paragraph: (12) Transfer authority for fiscal year 2013 and 2014 appropriations The head of any department or agency of the Government may transfer amounts within that department or agency for fiscal year 2013 or for fiscal year 2014 in order to lessen the effect of a presidential sequestration order for that fiscal year on any program, project, or activity within that department or agency, but no such transfer may cause any account to be at a higher level than it was before such sequestration. . 3. Congressional notice Not later than 15 days after any transfer under section 1, the head of any department or agency making any such transfer shall submit to the committees of the House of Representatives and the Senate with subject matter jurisdiction over such department or agency a report setting forth a description of the transfer, including the amount of the transfer and the accounts from and to which the funds were transferred."}}},{"rowIdx":1544,"cells":{"tv_id":{"kind":"string","value":"113-hr-817-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-817"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":817,"string":"817"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr817ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr817ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:44.741"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 817 IH: Department of Justice Global Advisory Committee Authorization Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-25\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Global Justice\n\t\t\t Information Sharing Initiative Advisory Committee\n \n \n \n (a)\n \n \n Definition\n \n \n In\n\t\t\t this Act, the term\n \n Committee\n \n means the Global Justice Information\n\t\t\t Sharing Initiative (Global) Advisory Committee established by the Attorney\n\t\t\t General.\n \n \n \n \n (b)\n \n \n Authorization\n \n \n Notwithstanding\n \n section 14(a)(2)\n \n of the Federal Advisory Committee Act (5 U.S.C. App.), the\n\t\t\t Committee shall not terminate unless terminated by an Act of Congress. The\n\t\t\t Attorney General is authorized to provide technical and financial assistance\n\t\t\t and support services to the Committee to carry out the activities of the\n\t\t\t Committee, including the activities described in subsection (c).\n \n \n \n \n (c)\n \n \n Activities\n \n \n In\n\t\t\t addition to any activities assigned to the Committee by the Attorney General,\n\t\t\t the Committee shall—\n \n \n \n (1)\n \n \n gather views from\n\t\t\t agencies of local, State, and tribal governments and the Federal Government and\n\t\t\t other entities that work to support public safety and justice;\n \n \n \n \n (2)\n \n \n recommend to the\n\t\t\t Attorney General measures to improve the administration of justice and protect\n\t\t\t the public by promoting practices and technologies for database\n\t\t\t interoperability and the secure sharing of justice and public safety\n\t\t\t information between local, State, and tribal governments and the Federal\n\t\t\t Government; and\n \n \n \n \n (3)\n \n \n submit to Congress\n\t\t\t an annual report regarding issues considered by the Committee and\n\t\t\t recommendations made to the Attorney General by the Committee.\n \n \n \n \n \n (d)\n \n \n Sense of\n\t\t\t Congress\n \n \n It is the sense of Congress that local, State, and\n\t\t\t tribal governments and other relevant entities should use the recommendations\n\t\t\t developed and disseminated by the Committee in accordance with this Act to\n\t\t\t evaluate, improve, and develop effective strategies and technologies to improve\n\t\t\t public safety and information sharing.\n \n \n \n \n (e)\n \n \n Information from\n\t\t\t DOJ funding applicants\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Beginning on the date\n\t\t\t that is one year from the date of enactment of this Act, the Attorney General\n\t\t\t shall require that any applicant for a funding solicitation from the Department\n\t\t\t of Justice for the implementation of an information sharing solution shall\n\t\t\t include within the application for such funding—\n \n \n \n (A)\n \n \n how the\n\t\t\t information sharing solution would comply with applicable standards endorsed by\n\t\t\t the Committee; or\n \n \n \n \n (B)\n \n \n in the case that\n\t\t\t such information sharing solution would not comply with such standards, the\n\t\t\t reason for such non-compliance.\n \n \n \n \n \n (2)\n \n \n Information not\n\t\t\t to affect award decisions\n \n \n Information provided by an applicant\n\t\t\t pursuant to paragraph (1) shall not affect any decision for making an award to\n\t\t\t such applicant for the implementation of an information sharing solution unless\n\t\t\t the agency making such award specifically requires use of applicable endorsed\n\t\t\t standards or specifications as a condition for accepting such award.\n \n \n \n \n (3)\n \n \n Regulations\n \n \n The\n\t\t\t Attorney General is authorized to issue such regulations as may be necessary to\n\t\t\t carry out the provisions of this subsection.\n \n \n \n \n \n \n 3.\n \n \n Report of the\n\t\t\t Attorney General on information sharing between corrections agencies, law\n\t\t\t enforcement agencies, and the interstate commission for adult offender\n\t\t\t supervision\n \n \n \n (a)\n \n \n Review\n \n \n The\n\t\t\t Attorney General, based on input from local, State, and tribal governments\n\t\t\t through the Committee and other components of the Department of Justice, shall\n\t\t\t review the state of information sharing between corrections and law enforcement\n\t\t\t agencies of local, State, and tribal governments and of the Federal\n\t\t\t Government.\n \n \n \n \n (b)\n \n \n Contents\n \n \n The\n\t\t\t review by the Attorney General under subsection (a) shall—\n \n \n \n (1)\n \n \n identify policy\n\t\t\t and technical barriers to effective information sharing;\n \n \n \n \n (2)\n \n \n identify best\n\t\t\t practices for effective information sharing; and\n \n \n \n \n (3)\n \n \n assess ways for\n\t\t\t information sharing to improve the awareness and safety of law enforcement and\n\t\t\t corrections officials, including information sharing by the Interstate\n\t\t\t Commission for Adult Offenders Supervision.\n \n \n \n \n \n (c)\n \n \n Report\n \n \n Not\n\t\t\t later than 1 year after the date of enactment of this Act, the Attorney General\n\t\t\t shall submit to Congress a report regarding the review under this section,\n\t\t\t including a discussion of the recommendations of the Committee and the efforts\n\t\t\t of the Department of Justice to address the recommendations.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 817 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Smith of Washington (for himself and Mr. Reichert ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To further the mission of the Global Justice Information Sharing Initiative Advisory Committee by continuing its development of policy recommendations and technical solutions on information sharing and interoperability, and enhancing its pursuit of benefits and cost savings for local, State, tribal, and Federal justice agencies.\n\n1. Short title This Act may be cited as the Department of Justice Global Advisory Committee Authorization Act of 2013 . 2. Global Justice Information Sharing Initiative Advisory Committee (a) Definition In this Act, the term Committee means the Global Justice Information Sharing Initiative (Global) Advisory Committee established by the Attorney General. (b) Authorization Notwithstanding section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), the Committee shall not terminate unless terminated by an Act of Congress. The Attorney General is authorized to provide technical and financial assistance and support services to the Committee to carry out the activities of the Committee, including the activities described in subsection (c). (c) Activities In addition to any activities assigned to the Committee by the Attorney General, the Committee shall— (1) gather views from agencies of local, State, and tribal governments and the Federal Government and other entities that work to support public safety and justice; (2) recommend to the Attorney General measures to improve the administration of justice and protect the public by promoting practices and technologies for database interoperability and the secure sharing of justice and public safety information between local, State, and tribal governments and the Federal Government; and (3) submit to Congress an annual report regarding issues considered by the Committee and recommendations made to the Attorney General by the Committee. (d) Sense of Congress It is the sense of Congress that local, State, and tribal governments and other relevant entities should use the recommendations developed and disseminated by the Committee in accordance with this Act to evaluate, improve, and develop effective strategies and technologies to improve public safety and information sharing. (e) Information from DOJ funding applicants (1) In general Beginning on the date that is one year from the date of enactment of this Act, the Attorney General shall require that any applicant for a funding solicitation from the Department of Justice for the implementation of an information sharing solution shall include within the application for such funding— (A) how the information sharing solution would comply with applicable standards endorsed by the Committee; or (B) in the case that such information sharing solution would not comply with such standards, the reason for such non-compliance. (2) Information not to affect award decisions Information provided by an applicant pursuant to paragraph (1) shall not affect any decision for making an award to such applicant for the implementation of an information sharing solution unless the agency making such award specifically requires use of applicable endorsed standards or specifications as a condition for accepting such award. (3) Regulations The Attorney General is authorized to issue such regulations as may be necessary to carry out the provisions of this subsection. 3. Report of the Attorney General on information sharing between corrections agencies, law enforcement agencies, and the interstate commission for adult offender supervision (a) Review The Attorney General, based on input from local, State, and tribal governments through the Committee and other components of the Department of Justice, shall review the state of information sharing between corrections and law enforcement agencies of local, State, and tribal governments and of the Federal Government. (b) Contents The review by the Attorney General under subsection (a) shall— (1) identify policy and technical barriers to effective information sharing; (2) identify best practices for effective information sharing; and (3) assess ways for information sharing to improve the awareness and safety of law enforcement and corrections officials, including information sharing by the Interstate Commission for Adult Offenders Supervision. (c) Report Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report regarding the review under this section, including a discussion of the recommendations of the Committee and the efforts of the Department of Justice to address the recommendations."}}},{"rowIdx":1545,"cells":{"tv_id":{"kind":"string","value":"113-hr-818-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-818"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":818,"string":"818"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr818ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr818ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:45.181"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 818 IH: Healthy Forest Management and Wildfire Prevention Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-25\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title; table of\n\t\t\t contents\n \n \n \n (a)\n \n \n Short\n\t\t\t title\n \n \n This Act may be cited as the\n \n \n \n \n (b)\n \n \n Table of\n\t\t\t contents\n \n \n The table of contents for this Act is as follows:\n \n \n \n Sec. 1. Short title; table of contents.\n \n \n Sec. 2. Definitions.\n \n \n Sec. 3. Congressional declaration of bark beetle epidemic,\n\t\t\t\tdrought, deteriorating forest health conditions, and high risk of wildfires in\n\t\t\t\tStates as imminent threat.\n \n \n Sec. 4. State designation of high-risk areas of National Forest\n\t\t\t\tSystem and public lands.\n \n \n Sec. 5. Designation of high-risk areas by the Secretary\n\t\t\t\tconcerned.\n \n \n Sec. 6. Use of emergency hazardous fuels reduction projects for\n\t\t\t\thigh-risk areas.\n \n \n Sec. 7. Applicability of expedited procedures and authorities\n\t\t\t\tof Healthy Forests Restoration Act of 2003 to emergency hazardous fuels\n\t\t\t\treduction projects.\n \n \n Sec. 8. Forest Service and Bureau of Land Management\n\t\t\t\tgood-neighbor cooperation with States to reduce wildfire risks.\n \n \n Sec. 9. Stewardship end result contracting project\n\t\t\t\tauthority.\n \n \n \n \n \n \n 2.\n \n \n Definitions\n \n \n In this Act:\n \n \n \n (1)\n \n \n Emergency\n\t\t\t hazardous fuels reduction project\n \n \n The term\n \n \n \n \n (2)\n \n \n High-risk\n\t\t\t area\n \n \n The term\n \n \n \n \n (3)\n \n \n National forest\n\t\t\t system\n \n \n The term\n \n 16 U.S.C. 1609(a)\n \n ).\n \n \n \n \n (4)\n \n \n Public\n\t\t\t lands\n \n \n The term\n \n 43 U.S.C. 1702(e)\n \n ).\n \n \n \n \n (5)\n \n \n Secretary\n\t\t\t concerned\n \n \n The term\n \n \n \n (A)\n \n \n the Secretary of\n\t\t\t Agriculture, with respect to the National Forest System; and\n \n \n \n \n (B)\n \n \n the Secretary of\n\t\t\t the Interior, with respect to public lands.\n \n \n \n \n \n (6)\n \n \n The term\n \n \n \n \n \n 3.\n \n \n Congressional\n\t\t\t declaration of bark beetle epidemic, drought, deteriorating forest health\n\t\t\t conditions, and high risk of wildfires in States as imminent\n\t\t\t threat\n \n \n Congress hereby\n\t\t\t declares that the bark beetle epidemic, drought, and deteriorating forest\n\t\t\t health conditions on National Forest System land and public lands in the\n\t\t\t States, with the resulting imminent risk of devastating wildfires that pose a\n\t\t\t significant threat to the economic stability of communities in the affected\n\t\t\t areas and the health, safety, and well-being of residents, firefighters, and\n\t\t\t visitors to the areas, is an\n \n section 294.12(b)(1)\n \n of title 36, Code of Federal Regulations (2002 Edition)\n\t\t\t and any existing or pending roadless area management rule applicable to a\n\t\t\t State.\n \n \n \n \n 4.\n \n \n State designation\n\t\t\t of high-risk areas of National Forest System and public lands\n \n \n \n (a)\n \n \n Designation\n\t\t\t authority\n \n \n The Governor of a State may designate high-risk areas\n\t\t\t of the National Forest System and public lands in the State for the purposes of\n\t\t\t addressing—\n \n \n \n (1)\n \n \n deteriorating\n\t\t\t forest health conditions in existence as of the date of the enactment of this\n\t\t\t Act due to the bark beetle epidemic or drought, with the resulting imminent\n\t\t\t risk of devastating wildfires; and\n \n \n \n \n (2)\n \n \n the future risk of\n\t\t\t insect infestations or disease outbreaks through preventative treatments to\n\t\t\t improve forest health conditions.\n \n \n \n \n \n (b)\n \n \n Consultation\n \n \n In\n\t\t\t designating high-risk areas, the Governor of a State shall consult with county\n\t\t\t government from affected counties and with affected Indian tribes.\n \n \n \n \n (c)\n \n \n Exclusion of\n\t\t\t certain areas\n \n \n The following National Forest System land or public\n\t\t\t lands may not be designated as a high-risk area:\n \n \n \n (1)\n \n \n A\n\t\t\t component of the National Wilderness Preservation System.\n \n \n \n \n (2)\n \n \n A\n\t\t\t National Monument.\n \n \n \n \n \n (d)\n \n \n Standards for\n\t\t\t designation\n \n \n Designation of\n\t\t\t high-risk areas shall be consistent with standards and guidelines contained in\n\t\t\t the land and resource management plan or land use plan for the unit of the\n\t\t\t National Forest System or public lands for which the designation is being made,\n\t\t\t except that the Secretary concerned may modify such standards and guidelines to\n\t\t\t correspond with a specific high-risk area designation.\n \n \n \n \n (e)\n \n \n Time for initial\n\t\t\t designations\n \n \n The first high-risk areas should be designated not\n\t\t\t later than 60 days after the date of the enactment of this Act but may be\n\t\t\t designated at any time consistent with subsection (a).\n \n \n \n \n (f)\n \n \n Duration of\n\t\t\t designation\n \n \n The designation of a high-risk area in a State shall\n\t\t\t expire 20 years after the date of the designation, unless earlier terminated by\n\t\t\t the Governor of the State.\n \n \n \n \n (g)\n \n \n Redesignation\n \n \n The\n\t\t\t expiration of the 20-year period specified in subsection (f) does not prohibit\n\t\t\t the Governor from redesignating an area of the National Forest System land or\n\t\t\t public lands as a high-risk area under this section if the Governor determines\n\t\t\t that the area of National Forest System land or public lands continues to be\n\t\t\t subject to the terms of this section.\n \n \n \n \n (h)\n \n \n Recognition of\n\t\t\t valid and existing rights\n \n \n The designation of a high-risk area\n\t\t\t shall not be construed to limit or restrict—\n \n \n \n (1)\n \n \n access to National\n\t\t\t Forest System land or public lands included in the area for hunting, fishing,\n\t\t\t and other related purposes; or\n \n \n \n \n (2)\n \n \n valid and existing\n\t\t\t rights regarding the National Forest System land or public lands.\n \n \n \n \n \n \n 5.\n \n \n Designation of\n\t\t\t high-risk areas by the Secretary concerned\n \n \n \n (a)\n \n \n Designation\n\t\t\t authority\n \n \n The Secretary concerned may designate high-risk areas\n\t\t\t of the National Forest System and the public lands for the purposes of\n\t\t\t addressing—\n \n \n \n (1)\n \n \n deteriorating\n\t\t\t forest health conditions in existence as of the date of the enactment of this\n\t\t\t Act due to the bark beetle epidemic or drought, with the resulting imminent\n\t\t\t risk of devastating wildfires; and\n \n \n \n \n (2)\n \n \n the future risk of\n\t\t\t insect infestations or disease outbreaks through preventative treatments to\n\t\t\t improve forest health conditions.\n \n \n \n \n \n (b)\n \n \n Consultation\n \n \n In\n\t\t\t designating high-risk areas, the Secretary concerned shall consult with\n\t\t\t Governors of affected States, county government from affected counties, and\n\t\t\t with affected Indian tribes.\n \n \n \n \n (c)\n \n \n Exclusion of\n\t\t\t certain areas\n \n \n The following National Forest System land or public\n\t\t\t lands may not be designated as a high-risk area:\n \n \n \n (1)\n \n \n A\n\t\t\t component of the National Wilderness Preservation System.\n \n \n \n \n (2)\n \n \n A\n\t\t\t National Monument.\n \n \n \n \n \n (d)\n \n \n Standards for\n\t\t\t designation\n \n \n Designation of\n\t\t\t high risk areas shall be consistent with standards and guidelines contained in\n\t\t\t the land and resource management plan or land use plan for the unit of the\n\t\t\t National Forest System or public lands for which the designation is being made,\n\t\t\t except that the Secretary concerned may modify such standards and guidelines to\n\t\t\t correspond with a specific high-risk area designation.\n \n \n \n \n (e)\n \n \n Time for initial\n\t\t\t designations\n \n \n The first high-risk areas should be designated not\n\t\t\t later than 60 days after the date of the enactment of this Act but may be\n\t\t\t designated at any time consistent with subsection (a).\n \n \n \n \n (f)\n \n \n Duration of\n\t\t\t designation\n \n \n The designation of a high-risk area in a State shall\n\t\t\t expire 20 years after the date of the designation, unless earlier terminated by\n\t\t\t the Secretary concerned.\n \n \n \n \n (g)\n \n \n Redesignation\n \n \n The\n\t\t\t expiration of the 20-year period specified in subsection (f) does not prohibit\n\t\t\t the Secretary concerned from redesignating an area of the National Forest\n\t\t\t System or public lands as a high-risk area if the Secretary determines that the\n\t\t\t National Forest System land or public lands continues to be subject to the\n\t\t\t terms of this section, except that such redesignation is subject to\n\t\t\t consultation with Governors from affected States, county government from\n\t\t\t affected counties, and affected Indian tribes.\n \n \n \n \n (h)\n \n \n Recognition of\n\t\t\t valid and existing rights\n \n \n The designation of a high-risk area\n\t\t\t shall not be construed to limit or restrict—\n \n \n \n (1)\n \n \n access to National\n\t\t\t Forest System land or public lands included in the area for hunting, fishing,\n\t\t\t and other related purposes; or\n \n \n \n \n (2)\n \n \n valid and existing\n\t\t\t rights regarding the National Forest System land or public lands.\n \n \n \n \n \n \n 6.\n \n \n Use of emergency\n\t\t\t hazardous fuels reduction projects for high-risk areas\n \n \n \n (a)\n \n \n Project\n\t\t\t proposals\n \n \n \n (1)\n \n \n Proposals\n\t\t\t authorized\n \n \n Upon designation of a high-risk area in a State, the\n\t\t\t Governor of the State may provide for the development of proposed emergency\n\t\t\t hazardous fuels reduction projects for the high-risk area. The Secretary\n\t\t\t concerned also may develop emergency hazardous fuels reduction projects.\n \n \n \n \n (2)\n \n \n Project\n\t\t\t criteria\n \n \n In preparing proposed emergency hazardous fuels\n\t\t\t reduction projects, the Governor of a State and the Secretary concerned\n\t\t\t shall—\n \n \n \n (A)\n \n \n take into account\n\t\t\t managing for rights of way, protection of watersheds, protection of wildlife\n\t\t\t and endangered species habitat, safe-guarding water resources, and protecting\n\t\t\t local communities from wildfires; and\n \n \n \n \n (B)\n \n \n emphasize\n\t\t\t activities that thin the forest to provide the greatest health and longevity of\n\t\t\t the forest.\n \n \n \n \n \n \n (b)\n \n \n Consultation\n \n \n In\n\t\t\t preparing proposed emergency hazardous fuels reduction projects, the Governor\n\t\t\t of a State shall consult with county government from affected counties, and\n\t\t\t with affected Indian tribes. If the Secretary concerned develops a proposal,\n\t\t\t the Secretary concerned shall consult with the Governor of the affected State,\n\t\t\t county government from affected counties, and affected Indian tribes.\n \n \n \n \n (c)\n \n \n Submission and\n\t\t\t implementation\n \n \n The Governor of a State shall submit proposed\n\t\t\t emergency hazardous fuels reduction projects to the Secretary concerned for\n\t\t\t implementation.\n \n \n \n \n (d)\n \n \n Implementation\n\t\t\t of projects\n \n \n \n (1)\n \n \n State proposed\n\t\t\t projects\n \n \n The Secretary\n\t\t\t concerned shall implement hazardous fuels reduction projects proposed by\n\t\t\t Governors within 60 days of the date on which the Secretary receives the\n\t\t\t proposal.\n \n \n \n \n (2)\n \n \n Secretary\n\t\t\t proposed projects\n \n \n The\n\t\t\t Secretary concerned shall implement hazardous fuels reduction projects proposed\n\t\t\t by the Secretary concerned within 60 days of the date on which the proposal is\n\t\t\t finalized.\n \n \n \n \n \n \n 7.\n \n \n Applicability of\n\t\t\t expedited procedures and authorities of Healthy Forests Restoration Act of 2003\n\t\t\t to emergency hazardous fuels reduction projects\n \n \n \n (a)\n \n \n Applicability\n \n \n Subject\n\t\t\t to subsections (b) through (e), title I of the Healthy Forests Restoration Act\n\t\t\t of 2003 (\n \n 16 U.S.C. 6511 et seq.\n \n ) (including the environmental analysis\n\t\t\t requirements of section 104 of that Act (\n \n 16 U.S.C. 6514\n \n ), the special\n\t\t\t administrative review process under section 105 of that Act (\n \n 16 U.S.C. 6515\n \n ),\n\t\t\t and the judicial review process under section 106 of that Act (16 U.S.C.\n\t\t\t 6516)), shall apply to all emergency hazardous fuels reduction projects\n\t\t\t developed under section 6.\n \n \n \n \n (b)\n \n \n Application of\n\t\t\t other law\n \n \n Section 322 of\n \n Public Law 102–381\n \n (\n \n 16 U.S.C. 1612\n \n note;\n\t\t\t 106 Stat. 1419) shall not apply to Forest Service emergency hazardous fuels\n\t\t\t reduction projects.\n \n \n \n \n (c)\n \n \n Required\n\t\t\t modifications\n \n \n In applying title I of the Healthy Forests\n\t\t\t Restoration Act of 2003 (\n \n 16 U.S.C. 6511 et seq.\n \n ) to emergency hazardous fuels\n\t\t\t reduction projects, the Secretary concerned shall make the following\n\t\t\t modifications:\n \n \n \n (1)\n \n \n The authority\n\t\t\t shall apply to the entire high-risk area, including land that is outside of a\n\t\t\t wildland-urban interface area or that does not satisfy any of the other\n\t\t\t eligibility criteria specified in section 102(a) of that Act (16 U.S.C.\n\t\t\t 6512(a)).\n \n \n \n \n (2)\n \n \n All projects and\n\t\t\t activities of the Secretary concerned, including necessary connected actions\n\t\t\t (as described in\n \n section 1508.25(a)(1)\n \n of title 40, Code of Federal\n\t\t\t Regulations), of the emergency hazardous fuels reduction project shall be\n\t\t\t deemed to be an authorized hazardous fuel reduction project for purposes of\n\t\t\t applying the title.\n \n \n \n \n (3)\n \n \n The Secretary is not required to study,\n\t\t\t develop, or describe more than the proposed agency action and a no-action\n\t\t\t alternative in the environmental assessment or environmental impact statement\n\t\t\t prepared pursuant to section 102(2) of the National Environmental Policy Act of\n\t\t\t 1969 (\n \n 42 U.S.C. 4332(2)\n \n ) for an emergency hazardous fuels reduction project,\n\t\t\t except that, if an at-risk community has adopted a community wildfire\n\t\t\t protection plan (as defined in section 101(3) of the Healthy Forest Restoration\n\t\t\t Act of 2003 (\n \n 16 U.S.C. 6511(3)\n \n )) that includes the land covered by the proposed\n\t\t\t agency action, but the proposed agency action does not implement the\n\t\t\t recommendations in the plan regarding the general location and basic method of\n\t\t\t treatments, the Secretary shall evaluate the recommendations in the plan as an\n\t\t\t additional alternative to the proposed agency action.\n \n \n \n \n \n (d)\n \n \n Forest\n\t\t\t management plans\n \n \n All projects\n\t\t\t and activities carried out as part of an emergency hazardous fuels reduction\n\t\t\t project in a designated high-risk area shall be consistent with standards and\n\t\t\t guidelines contained in the land and resource management plan or land use plan\n\t\t\t for the unit of the National Forest System or public lands for which the\n\t\t\t designation is made, except that the Secretary concerned may modify such\n\t\t\t standards and guidelines to correspond with a specific high-risk area\n\t\t\t designation.\n \n \n \n \n (e)\n \n \n Retention of\n\t\t\t NEPA responsibilities\n \n \n Any\n\t\t\t decision required to be made under the National Environmental Policy Act of\n\t\t\t 1969 (\n \n 42 U.S.C. 4321 et seq.\n \n ) with respect to any project or activity to be\n\t\t\t carried out as part of an emergency hazardous fuels reduction project in a\n\t\t\t high-risk area shall not be delegated to a State forester or any other officer\n\t\t\t or employee of the State in which the emergency hazardous fuels reduction\n\t\t\t project will be carried out.\n \n \n \n \n (f)\n \n \n Categorical\n\t\t\t exclusion\n \n \n If a project or\n\t\t\t activity to be carried out as part of an emergency hazardous fuels reduction\n\t\t\t project in a high-risk area involves the removal of insect-infected trees or\n\t\t\t other hazardous fuels within 500 feet of utility or telephone infrastructure,\n\t\t\t campgrounds, roadsides, heritage sites, recreation sites, schools, or other\n\t\t\t infrastructure, the project or activity is categorically excluded from the\n\t\t\t requirement to prepare an environmental assessment or an environmental impact\n\t\t\t statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321\n\t\t\t et seq.) so long as the project or activity is otherwise conducted consistently\n\t\t\t with agency and departmental procedures and the applicable land and resource\n\t\t\t management plan or land use plan.\n \n \n \n \n \n 8.\n \n \n Forest Service\n\t\t\t and Bureau of Land Management good-neighbor cooperation with States to reduce\n\t\t\t wildfire risks\n \n \n \n (a)\n \n \n Definitions\n \n \n In this section:\n \n \n \n (1)\n \n \n Eligible\n\t\t\t State\n \n \n The term\n \n eligible\n\t\t\t State\n \n means a State that contains National Forest System land or land\n\t\t\t under the jurisdiction of the Bureau of Land Management.\n \n \n \n \n (2)\n \n \n Secretary\n \n \n The term\n \n Secretary\n \n means—\n \n \n \n (A)\n \n \n the Secretary of Agriculture, with respect\n\t\t\t to National Forest System land; or\n \n \n \n \n (B)\n \n \n the Secretary of the Interior, with respect\n\t\t\t to land under the jurisdiction of the Bureau of Land Management.\n \n \n \n \n \n (3)\n \n \n State\n\t\t\t forester\n \n \n The term\n \n State\n\t\t\t forester\n \n means the head of a State agency with jurisdiction over State\n\t\t\t forestry programs in an eligible State.\n \n \n \n \n \n (b)\n \n \n In general\n \n \n The Secretary may enter into a cooperative\n\t\t\t agreement or contract (including a sole source contract) with a State forester\n\t\t\t to authorize the State forester to provide the forest, rangeland, and watershed\n\t\t\t restoration and protection services described in subsection (c) on National\n\t\t\t Forest System land or land under the jurisdiction of the Bureau of Land\n\t\t\t Management, as applicable, in the eligible State.\n \n \n \n \n (c)\n \n \n Authorized services\n \n \n The forest, rangeland, and watershed\n\t\t\t restoration and protection services referred to in subsection (b) include the\n\t\t\t conduct of—\n \n \n \n (1)\n \n \n activities to treat insect infected\n\t\t\t trees;\n \n \n \n \n (2)\n \n \n activities to reduce hazardous fuels;\n\t\t\t and\n \n \n \n \n (3)\n \n \n any other activities to restore or improve\n\t\t\t forest, rangeland, and watershed health, including fish and wildlife\n\t\t\t habitat.\n \n \n \n \n \n (d)\n \n \n State\n\t\t\t as agent\n \n \n Except as provided\n\t\t\t in subsection (g), a cooperative agreement or contract entered into under\n\t\t\t subsection (b) may authorize the State forester to serve as the agent for the\n\t\t\t Secretary in providing the restoration and protection services authorized under\n\t\t\t subsection (b).\n \n \n \n \n (e)\n \n \n Subcontracts\n \n \n In accordance with applicable contract\n\t\t\t procedures for the eligible State, a State forester may enter into subcontracts\n\t\t\t to provide the restoration and protection services authorized under a\n\t\t\t cooperative agreement or contract entered into under subsection (b).\n \n \n \n \n (f)\n \n \n Timber sales\n \n \n Subsections (d) and (g) of section 14 of\n\t\t\t the National Forest Management Act of 1976 (\n \n 16 U.S.C. 472a\n \n ) shall not apply to\n\t\t\t services performed under a cooperative agreement or contract entered into under\n\t\t\t subsection (b).\n \n \n \n \n (g)\n \n \n Retention of NEPA\n\t\t\t responsibilities\n \n \n Any decision\n\t\t\t required to be made under the National Environmental Policy Act of 1969 (42\n\t\t\t U.S.C. 4321 et seq.) with respect to any restoration and protection services to\n\t\t\t be provided under this Act by a State forester on National Forest System land\n\t\t\t or Bureau of Land Management land, as applicable, shall not be delegated to a\n\t\t\t State forester or any other officer or employee of the eligible State.\n \n \n \n \n (h)\n \n \n Applicable\n\t\t\t law\n \n \n The restoration and\n\t\t\t protection services to be provided under this Act shall be carried out on a\n\t\t\t project-to-project basis under existing authorities of the Forest Service or\n\t\t\t Bureau of Land Management, as applicable.\n \n \n \n \n \n 9.\n \n \n Stewardship end\n\t\t\t result contracting project authority\n \n \n \n (a)\n \n \n Extension of\n\t\t\t authority\n \n \n Section 347(a) of the Department of the Interior and\n\t\t\t Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of\n\t\t\t division A of\n \n Public Law 105–277\n \n ;\n \n 16 U.S.C. 2104\n \n note) is amended by striking\n \n \n \n \n (b)\n \n \n Duration of\n\t\t\t contracts\n \n \n Section 347(c)(2) of the Department of the Interior and\n\t\t\t Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of\n\t\t\t division A of\n \n Public Law 105–277\n \n ;\n \n 16 U.S.C. 2104\n \n note) is amended by striking\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 818 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Tipton (for himself, Mr. Bishop of Utah , Mr. Gardner , Mr. Lamborn , Mr. Coffman , Mr. McClintock , Mr. Gosar , Mr. Amodei , Mr. Young of Alaska , Mr. Labrador , Mrs. Lummis , Mr. Pearce , and Mr. Daines ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To address the bark beetle epidemic, drought, deteriorating forest health conditions, and high risk of wildfires on National Forest System land and land under the jurisdiction of the Bureau of Land Management in the United States by expanding authorities established in the Healthy Forest Restoration Act of 2003 to provide emergency measures for high-risk areas identified by such States, to make permanent Forest Service and Bureau of Land Management authority to conduct good-neighbor cooperation with States to reduce wildfire risks, and for other purposes.\n\n1. Short title; table of contents (a) Short title This Act may be cited as the Healthy Forest Management and Wildfire Prevention Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Congressional declaration of bark beetle epidemic, drought, deteriorating forest health conditions, and high risk of wildfires in States as imminent threat. Sec. 4. State designation of high-risk areas of National Forest System and public lands. Sec. 5. Designation of high-risk areas by the Secretary concerned. Sec. 6. Use of emergency hazardous fuels reduction projects for high-risk areas. Sec. 7. Applicability of expedited procedures and authorities of Healthy Forests Restoration Act of 2003 to emergency hazardous fuels reduction projects. Sec. 8. Forest Service and Bureau of Land Management good-neighbor cooperation with States to reduce wildfire risks. Sec. 9. Stewardship end result contracting project authority. 2. Definitions In this Act: (1) Emergency hazardous fuels reduction project The term emergency hazardous fuels reduction project means a project or activity carried out in a high-risk area to address the bark beetle epidemic, drought, or deteriorating forest health conditions and the resulting imminent risk of devastating wildfires. (2) High-risk area The term high-risk area means an area of National Forest System land or public lands identified under section 4 as an area suffering from the bark beetle epidemic, drought, or deteriorating forest health conditions, with the resulting imminent risk of devastating wildfires, or otherwise at high risk for bark beetle infestation, drought, or wildfire. (3) National forest system The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ). (4) Public lands The term public lands has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(e) ). (5) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to the National Forest System; and (B) the Secretary of the Interior, with respect to public lands. (6) The term State means any of the several States containing National Forest System land or public lands. The term includes the Commonwealth of Puerto Rico. 3. Congressional declaration of bark beetle epidemic, drought, deteriorating forest health conditions, and high risk of wildfires in States as imminent threat Congress hereby declares that the bark beetle epidemic, drought, and deteriorating forest health conditions on National Forest System land and public lands in the States, with the resulting imminent risk of devastating wildfires that pose a significant threat to the economic stability of communities in the affected areas and the health, safety, and well-being of residents, firefighters, and visitors to the areas, is an imminent threat within the meaning of section 294.12(b)(1) of title 36, Code of Federal Regulations (2002 Edition) and any existing or pending roadless area management rule applicable to a State. 4. State designation of high-risk areas of National Forest System and public lands (a) Designation authority The Governor of a State may designate high-risk areas of the National Forest System and public lands in the State for the purposes of addressing— (1) deteriorating forest health conditions in existence as of the date of the enactment of this Act due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. (b) Consultation In designating high-risk areas, the Governor of a State shall consult with county government from affected counties and with affected Indian tribes. (c) Exclusion of certain areas The following National Forest System land or public lands may not be designated as a high-risk area: (1) A component of the National Wilderness Preservation System. (2) A National Monument. (d) Standards for designation Designation of high-risk areas shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is being made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Time for initial designations The first high-risk areas should be designated not later than 60 days after the date of the enactment of this Act but may be designated at any time consistent with subsection (a). (f) Duration of designation The designation of a high-risk area in a State shall expire 20 years after the date of the designation, unless earlier terminated by the Governor of the State. (g) Redesignation The expiration of the 20-year period specified in subsection (f) does not prohibit the Governor from redesignating an area of the National Forest System land or public lands as a high-risk area under this section if the Governor determines that the area of National Forest System land or public lands continues to be subject to the terms of this section. (h) Recognition of valid and existing rights The designation of a high-risk area shall not be construed to limit or restrict— (1) access to National Forest System land or public lands included in the area for hunting, fishing, and other related purposes; or (2) valid and existing rights regarding the National Forest System land or public lands. 5. Designation of high-risk areas by the Secretary concerned (a) Designation authority The Secretary concerned may designate high-risk areas of the National Forest System and the public lands for the purposes of addressing— (1) deteriorating forest health conditions in existence as of the date of the enactment of this Act due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. (b) Consultation In designating high-risk areas, the Secretary concerned shall consult with Governors of affected States, county government from affected counties, and with affected Indian tribes. (c) Exclusion of certain areas The following National Forest System land or public lands may not be designated as a high-risk area: (1) A component of the National Wilderness Preservation System. (2) A National Monument. (d) Standards for designation Designation of high risk areas shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is being made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Time for initial designations The first high-risk areas should be designated not later than 60 days after the date of the enactment of this Act but may be designated at any time consistent with subsection (a). (f) Duration of designation The designation of a high-risk area in a State shall expire 20 years after the date of the designation, unless earlier terminated by the Secretary concerned. (g) Redesignation The expiration of the 20-year period specified in subsection (f) does not prohibit the Secretary concerned from redesignating an area of the National Forest System or public lands as a high-risk area if the Secretary determines that the National Forest System land or public lands continues to be subject to the terms of this section, except that such redesignation is subject to consultation with Governors from affected States, county government from affected counties, and affected Indian tribes. (h) Recognition of valid and existing rights The designation of a high-risk area shall not be construed to limit or restrict— (1) access to National Forest System land or public lands included in the area for hunting, fishing, and other related purposes; or (2) valid and existing rights regarding the National Forest System land or public lands. 6. Use of emergency hazardous fuels reduction projects for high-risk areas (a) Project proposals (1) Proposals authorized Upon designation of a high-risk area in a State, the Governor of the State may provide for the development of proposed emergency hazardous fuels reduction projects for the high-risk area. The Secretary concerned also may develop emergency hazardous fuels reduction projects. (2) Project criteria In preparing proposed emergency hazardous fuels reduction projects, the Governor of a State and the Secretary concerned shall— (A) take into account managing for rights of way, protection of watersheds, protection of wildlife and endangered species habitat, safe-guarding water resources, and protecting local communities from wildfires; and (B) emphasize activities that thin the forest to provide the greatest health and longevity of the forest. (b) Consultation In preparing proposed emergency hazardous fuels reduction projects, the Governor of a State shall consult with county government from affected counties, and with affected Indian tribes. If the Secretary concerned develops a proposal, the Secretary concerned shall consult with the Governor of the affected State, county government from affected counties, and affected Indian tribes. (c) Submission and implementation The Governor of a State shall submit proposed emergency hazardous fuels reduction projects to the Secretary concerned for implementation. (d) Implementation of projects (1) State proposed projects The Secretary concerned shall implement hazardous fuels reduction projects proposed by Governors within 60 days of the date on which the Secretary receives the proposal. (2) Secretary proposed projects The Secretary concerned shall implement hazardous fuels reduction projects proposed by the Secretary concerned within 60 days of the date on which the proposal is finalized. 7. Applicability of expedited procedures and authorities of Healthy Forests Restoration Act of 2003 to emergency hazardous fuels reduction projects (a) Applicability Subject to subsections (b) through (e), title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 et seq. ) (including the environmental analysis requirements of section 104 of that Act ( 16 U.S.C. 6514 ), the special administrative review process under section 105 of that Act ( 16 U.S.C. 6515 ), and the judicial review process under section 106 of that Act (16 U.S.C. 6516)), shall apply to all emergency hazardous fuels reduction projects developed under section 6. (b) Application of other law Section 322 of Public Law 102–381 ( 16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to Forest Service emergency hazardous fuels reduction projects. (c) Required modifications In applying title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 et seq. ) to emergency hazardous fuels reduction projects, the Secretary concerned shall make the following modifications: (1) The authority shall apply to the entire high-risk area, including land that is outside of a wildland-urban interface area or that does not satisfy any of the other eligibility criteria specified in section 102(a) of that Act (16 U.S.C. 6512(a)). (2) All projects and activities of the Secretary concerned, including necessary connected actions (as described in section 1508.25(a)(1) of title 40, Code of Federal Regulations), of the emergency hazardous fuels reduction project shall be deemed to be an authorized hazardous fuel reduction project for purposes of applying the title. (3) The Secretary is not required to study, develop, or describe more than the proposed agency action and a no-action alternative in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) for an emergency hazardous fuels reduction project, except that, if an at-risk community has adopted a community wildfire protection plan (as defined in section 101(3) of the Healthy Forest Restoration Act of 2003 ( 16 U.S.C. 6511(3) )) that includes the land covered by the proposed agency action, but the proposed agency action does not implement the recommendations in the plan regarding the general location and basic method of treatments, the Secretary shall evaluate the recommendations in the plan as an additional alternative to the proposed agency action. (d) Forest management plans All projects and activities carried out as part of an emergency hazardous fuels reduction project in a designated high-risk area shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Retention of NEPA responsibilities Any decision required to be made under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to any project or activity to be carried out as part of an emergency hazardous fuels reduction project in a high-risk area shall not be delegated to a State forester or any other officer or employee of the State in which the emergency hazardous fuels reduction project will be carried out. (f) Categorical exclusion If a project or activity to be carried out as part of an emergency hazardous fuels reduction project in a high-risk area involves the removal of insect-infected trees or other hazardous fuels within 500 feet of utility or telephone infrastructure, campgrounds, roadsides, heritage sites, recreation sites, schools, or other infrastructure, the project or activity is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) so long as the project or activity is otherwise conducted consistently with agency and departmental procedures and the applicable land and resource management plan or land use plan. 8. Forest Service and Bureau of Land Management good-neighbor cooperation with States to reduce wildfire risks (a) Definitions In this section: (1) Eligible State The term eligible State means a State that contains National Forest System land or land under the jurisdiction of the Bureau of Land Management. (2) Secretary The term Secretary means— (A) the Secretary of Agriculture, with respect to National Forest System land; or (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management. (3) State forester The term State forester means the head of a State agency with jurisdiction over State forestry programs in an eligible State. (b) In general The Secretary may enter into a cooperative agreement or contract (including a sole source contract) with a State forester to authorize the State forester to provide the forest, rangeland, and watershed restoration and protection services described in subsection (c) on National Forest System land or land under the jurisdiction of the Bureau of Land Management, as applicable, in the eligible State. (c) Authorized services The forest, rangeland, and watershed restoration and protection services referred to in subsection (b) include the conduct of— (1) activities to treat insect infected trees; (2) activities to reduce hazardous fuels; and (3) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (d) State as agent Except as provided in subsection (g), a cooperative agreement or contract entered into under subsection (b) may authorize the State forester to serve as the agent for the Secretary in providing the restoration and protection services authorized under subsection (b). (e) Subcontracts In accordance with applicable contract procedures for the eligible State, a State forester may enter into subcontracts to provide the restoration and protection services authorized under a cooperative agreement or contract entered into under subsection (b). (f) Timber sales Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ) shall not apply to services performed under a cooperative agreement or contract entered into under subsection (b). (g) Retention of NEPA responsibilities Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any restoration and protection services to be provided under this Act by a State forester on National Forest System land or Bureau of Land Management land, as applicable, shall not be delegated to a State forester or any other officer or employee of the eligible State. (h) Applicable law The restoration and protection services to be provided under this Act shall be carried out on a project-to-project basis under existing authorities of the Forest Service or Bureau of Land Management, as applicable. 9. Stewardship end result contracting project authority (a) Extension of authority Section 347(a) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105–277 ; 16 U.S.C. 2104 note) is amended by striking 2013 and inserting 2017 . (b) Duration of contracts Section 347(c)(2) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105–277 ; 16 U.S.C. 2104 note) is amended by striking 10 years and inserting 20 years ."}}},{"rowIdx":1546,"cells":{"tv_id":{"kind":"string","value":"113-hr-819-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-819"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":819,"string":"819"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr819ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr819ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:43.913"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 819 IH: Preserving Access to Cape Hatteras National Seashore Recreational Area Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Reinstatement of\n\t\t\t Interim Management Strategy\n \n \n \n (a)\n \n \n Management\n \n \n After the date of the enactment of this\n\t\t\t Act, Cape Hatteras National Seashore Recreational Area shall be managed in\n\t\t\t accordance with the Interim Protected Species Management Strategy/Environmental\n\t\t\t Assessment issued by the National Park Service on June 13, 2007, for the Cape\n\t\t\t Hatteras National Seashore Recreational Area, North Carolina, unless the\n\t\t\t Secretary of the Interior (hereafter in this Act referred to as the\n \n \n \n \n (b)\n \n \n Restrictions\n \n \n The Secretary shall not impose any\n\t\t\t additional restrictions on pedestrian or motorized vehicular access to any\n\t\t\t portion of Cape Hatteras National Seashore Recreational Area for species\n\t\t\t protection beyond those in the Interim Management Strategy, other than as\n\t\t\t specifically authorized pursuant to section 3 of this Act.\n \n \n \n \n \n 3.\n \n \n Additional\n\t\t\t restrictions on access to Cape Hatteras National Seashore Recreational Area for\n\t\t\t species protection\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n If, based on\n\t\t\t peer-reviewed science and after public comment, the Secretary determines that\n\t\t\t additional restrictions on access to a portion of the Cape Hatteras National\n\t\t\t Seashore Recreational Area are necessary to protect species listed as\n\t\t\t endangered under the Endangered Species Act of 1973 (\n \n 16 U.S.C. 1531 et seq.\n \n ),\n\t\t\t the Secretary may only restrict, by limitation, closure, buffer, or otherwise,\n\t\t\t pedestrian and motorized vehicular access for recreational activities for the\n\t\t\t shortest possible time and on the smallest possible portions of the Cape\n\t\t\t Hatteras National Seashore Recreational Area.\n \n \n \n \n (b)\n \n \n Limitation on\n\t\t\t restrictions\n \n \n Restrictions\n\t\t\t imposed under this section for protection of species listed as endangered under\n\t\t\t the Endangered Species Act of 1973 (\n \n 16 U.S.C. 1531 et seq.\n \n ) shall not be\n\t\t\t greater than the restrictions in effect for that species at any other National\n\t\t\t Seashore.\n \n \n \n \n (c)\n \n \n Corridors around\n\t\t\t closures\n \n \n To the maximum\n\t\t\t extent possible, the Secretary shall designate pedestrian and vehicular\n\t\t\t corridors of minimal distance on the beach or interdunal area around closures\n\t\t\t implemented under this section to allow access to areas not closed.\n \n \n \n \n \n 4.\n \n \n Inapplicability\n\t\t\t of final rule and consent degree\n \n \n \n (a)\n \n \n Final\n\t\t\t rule\n \n \n The final rule titled\n \n \n \n \n (b)\n \n \n Consent\n\t\t\t decree\n \n \n The April 30, 2008, consent decree filed in the United\n\t\t\t States District Court for the Eastern District of North Carolina regarding\n\t\t\t off-road vehicle use at Cape Hatteras National Seashore in North Carolina shall\n\t\t\t not apply after the date of the enactment of this Act.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 819 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize pedestrian and motorized vehicular access in Cape Hatteras National Seashore Recreational Area, and for other purposes.\n\n1. Short title This Act may be cited as the Preserving Access to Cape Hatteras National Seashore Recreational Area Act . 2. Reinstatement of Interim Management Strategy (a) Management After the date of the enactment of this Act, Cape Hatteras National Seashore Recreational Area shall be managed in accordance with the Interim Protected Species Management Strategy/Environmental Assessment issued by the National Park Service on June 13, 2007, for the Cape Hatteras National Seashore Recreational Area, North Carolina, unless the Secretary of the Interior (hereafter in this Act referred to as the Secretary ) issues a new final rule that meets the requirements set forth in section 3. (b) Restrictions The Secretary shall not impose any additional restrictions on pedestrian or motorized vehicular access to any portion of Cape Hatteras National Seashore Recreational Area for species protection beyond those in the Interim Management Strategy, other than as specifically authorized pursuant to section 3 of this Act. 3. Additional restrictions on access to Cape Hatteras National Seashore Recreational Area for species protection (a) In general If, based on peer-reviewed science and after public comment, the Secretary determines that additional restrictions on access to a portion of the Cape Hatteras National Seashore Recreational Area are necessary to protect species listed as endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), the Secretary may only restrict, by limitation, closure, buffer, or otherwise, pedestrian and motorized vehicular access for recreational activities for the shortest possible time and on the smallest possible portions of the Cape Hatteras National Seashore Recreational Area. (b) Limitation on restrictions Restrictions imposed under this section for protection of species listed as endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) shall not be greater than the restrictions in effect for that species at any other National Seashore. (c) Corridors around closures To the maximum extent possible, the Secretary shall designate pedestrian and vehicular corridors of minimal distance on the beach or interdunal area around closures implemented under this section to allow access to areas not closed. 4. Inapplicability of final rule and consent degree (a) Final rule The final rule titled Special Regulations, Areas of the National Park System, Cape Hatteras National Seashore—Off-Road Vehicle Management (77 Fed. Reg. 3123–3144) shall have no force or effect after the date of the enactment of this Act. (b) Consent decree The April 30, 2008, consent decree filed in the United States District Court for the Eastern District of North Carolina regarding off-road vehicle use at Cape Hatteras National Seashore in North Carolina shall not apply after the date of the enactment of this Act."}}},{"rowIdx":1547,"cells":{"tv_id":{"kind":"string","value":"113-hr-819-rh-dtd"},"legis_id":{"kind":"string","value":"113-hr-819"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":819,"string":"819"},"legis_version":{"kind":"string","value":"rh"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr819rh.xml"},"file_name":{"kind":"string","value":"BILLS-113hr819rh.xml"},"lastmod":{"kind":"string","value":"2023-01-07 09:23:02.231"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 819 RH: Preserving Access to Cape Hatteras National Seashore Recreational Area Act\n \n \n U.S. House of Representatives\n \n \n 2013-07-09\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Reinstatement of\n\t\t\t Interim Management Strategy\n \n \n \n (a)\n \n \n Management\n \n \n After the date of the enactment of this\n\t\t\t Act, Cape Hatteras National Seashore Recreational Area shall be managed in\n\t\t\t accordance with the Interim Protected Species Management Strategy/Environmental\n\t\t\t Assessment issued by the National Park Service on June 13, 2007, for the Cape\n\t\t\t Hatteras National Seashore Recreational Area, North Carolina, unless the\n\t\t\t Secretary of the Interior (hereafter in this Act referred to as the\n \n \n \n \n (b)\n \n \n Restrictions\n \n \n The Secretary shall not impose any\n\t\t\t additional restrictions on pedestrian or motorized vehicular access to any\n\t\t\t portion of Cape Hatteras National Seashore Recreational Area for species\n\t\t\t protection beyond those in the Interim Management Strategy, other than as\n\t\t\t specifically authorized pursuant to section 3 of this Act.\n \n \n \n \n \n 3.\n \n \n Additional\n\t\t\t restrictions on access to Cape Hatteras National Seashore Recreational Area for\n\t\t\t species protection\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n If, based on\n\t\t\t peer-reviewed science and after public comment, the Secretary determines that\n\t\t\t additional restrictions on access to a portion of the Cape Hatteras National\n\t\t\t Seashore Recreational Area are necessary to protect species listed as\n\t\t\t endangered under the Endangered Species Act of 1973 (\n \n 16 U.S.C. 1531 et seq.\n \n ),\n\t\t\t the Secretary may only restrict, by limitation, closure, buffer, or otherwise,\n\t\t\t pedestrian and motorized vehicular access for recreational activities for the\n\t\t\t shortest possible time and on the smallest possible portions of the Cape\n\t\t\t Hatteras National Seashore Recreational Area.\n \n \n \n \n (b)\n \n \n Limitation on\n\t\t\t restrictions\n \n \n Restrictions\n\t\t\t imposed under this section for protection of species listed as endangered under\n\t\t\t the Endangered Species Act of 1973 (\n \n 16 U.S.C. 1531 et seq.\n \n ) shall not be\n\t\t\t greater than the restrictions in effect for that species at any other National\n\t\t\t Seashore.\n \n \n \n \n (c)\n \n \n Corridors around\n\t\t\t closures\n \n \n To the maximum\n\t\t\t extent possible, the Secretary shall designate pedestrian and vehicular\n\t\t\t corridors of minimal distance on the beach or interdunal area around closures\n\t\t\t implemented under this section to allow access to areas not closed.\n \n \n \n \n \n 4.\n \n \n Inapplicability\n\t\t\t of final rule and consent degree\n \n \n \n (a)\n \n \n Final\n\t\t\t rule\n \n \n The final rule titled\n \n \n \n \n (b)\n \n \n Consent\n\t\t\t decree\n \n \n The April 30, 2008, consent decree filed in the United\n\t\t\t States District Court for the Eastern District of North Carolina regarding\n\t\t\t off-road vehicle use at Cape Hatteras National Seashore in North Carolina shall\n\t\t\t not apply after the date of the enactment of this Act.\n \n \n \n \n \n \n July 9, 2013\n \n \n Reported from the\n \n Committee on Natural\n\t\t Resources\n \n \n \n July 9, 2013\n \n \n The\n \n Committee on the\n\t\t Judiciary\n \n discharged; committed to the Committee of the Whole\n\t\t House on the State of the Union and ordered to be printed\n \n \n \n"},"tv_txt":{"kind":"string","value":"IB Union Calendar No. 106 113th CONGRESS 1st Session H. R. 819 [Report No. 113–146, Part 1] IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned July 9, 2013 Additional sponsors: Mrs. Ellmers , Mr. Wittman , Mr. Hurt , Mr. Meadows , Mr. Forbes , and Ms. Foxx July 9, 2013 Reported from the Committee on Natural Resources July 9, 2013 The Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To authorize pedestrian and motorized vehicular access in Cape Hatteras National Seashore Recreational Area, and for other purposes.\n\n1. Short title This Act may be cited as the Preserving Access to Cape Hatteras National Seashore Recreational Area Act . 2. Reinstatement of Interim Management Strategy (a) Management After the date of the enactment of this Act, Cape Hatteras National Seashore Recreational Area shall be managed in accordance with the Interim Protected Species Management Strategy/Environmental Assessment issued by the National Park Service on June 13, 2007, for the Cape Hatteras National Seashore Recreational Area, North Carolina, unless the Secretary of the Interior (hereafter in this Act referred to as the Secretary ) issues a new final rule that meets the requirements set forth in section 3. (b) Restrictions The Secretary shall not impose any additional restrictions on pedestrian or motorized vehicular access to any portion of Cape Hatteras National Seashore Recreational Area for species protection beyond those in the Interim Management Strategy, other than as specifically authorized pursuant to section 3 of this Act. 3. Additional restrictions on access to Cape Hatteras National Seashore Recreational Area for species protection (a) In general If, based on peer-reviewed science and after public comment, the Secretary determines that additional restrictions on access to a portion of the Cape Hatteras National Seashore Recreational Area are necessary to protect species listed as endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), the Secretary may only restrict, by limitation, closure, buffer, or otherwise, pedestrian and motorized vehicular access for recreational activities for the shortest possible time and on the smallest possible portions of the Cape Hatteras National Seashore Recreational Area. (b) Limitation on restrictions Restrictions imposed under this section for protection of species listed as endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) shall not be greater than the restrictions in effect for that species at any other National Seashore. (c) Corridors around closures To the maximum extent possible, the Secretary shall designate pedestrian and vehicular corridors of minimal distance on the beach or interdunal area around closures implemented under this section to allow access to areas not closed. 4. Inapplicability of final rule and consent degree (a) Final rule The final rule titled Special Regulations, Areas of the National Park System, Cape Hatteras National Seashore—Off-Road Vehicle Management (77 Fed. Reg. 3123–3144) shall have no force or effect after the date of the enactment of this Act. (b) Consent decree The April 30, 2008, consent decree filed in the United States District Court for the Eastern District of North Carolina regarding off-road vehicle use at Cape Hatteras National Seashore in North Carolina shall not apply after the date of the enactment of this Act.\n\nJuly 9, 2013 Reported from the Committee on Natural Resources July 9, 2013 The Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed"}}},{"rowIdx":1548,"cells":{"tv_id":{"kind":"string","value":"113-hr-820-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-820"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":820,"string":"820"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr820ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr820ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:44.874"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 820 IH: Delivering Antimicrobial Transparency in Animals Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Findings\n \n \n The Congress finds the following:\n \n \n \n (1)\n \n \n Antimicrobials are\n\t\t\t of critical importance to public health and to the American economy.\n \n \n \n \n (2)\n \n \n Use of\n\t\t\t antimicrobials, whether in human medicine or in agriculture, contributes to the\n\t\t\t development and spread of antimicrobial resistance.\n \n \n \n \n (3)\n \n \n Data from the Food\n\t\t\t and Drug Administration (FDA) indicate that approximately 80 percent of all\n\t\t\t antimicrobials sold in the United States, over 29,000,000 pounds in 2009, were\n\t\t\t sold for use in food animals.\n \n \n \n \n (4)\n \n \n A study published in September, 2012, in\n\t\t\t Proceedings of the National Academy of Sciences of the United States of America\n\t\t\t found that even low doses of antimicrobials in animal feed for short periods of\n\t\t\t time increased the prevalence of the bacteria E. coli and the prevalence and\n\t\t\t diversity of antimicrobial resistance genes in bacteria in pigs.\n \n \n \n \n (5)\n \n \n Public Law\n\t\t\t 110–316, the Animal Drug User Fee Amendments of 2008, requires producers of\n\t\t\t drugs used in food animals to provide specified information annually to the FDA\n\t\t\t on the sales and indications for use of such drugs.\n \n \n \n \n (6)\n \n \n A\n\t\t\t September 2011 study by the Government Accountability Office found that the\n\t\t\t data provided to the FDA under the Animal Drug User Fee Amendments Act of 2008\n\t\t\t lacked sufficient details necessary to analyze trends in antimicrobial\n\t\t\t resistance, such as information on actual drug use in specific food-producing\n\t\t\t animal species.\n \n \n \n \n \n 3.\n \n \n Purpose\n \n \n The purpose of this Act is to provide the\n\t\t\t Food and Drug Administration and the public with better information on the use\n\t\t\t of antimicrobial drugs in animals used for food to—\n \n \n \n (1)\n \n \n enable public\n\t\t\t health officials and scientists to better understand and interpret trends and\n\t\t\t variations in rates of microbial resistance to such antimicrobial drugs;\n \n \n \n \n (2)\n \n \n improve the understanding of the\n\t\t\t relationship between antimicrobial drug use in animals used for food and\n\t\t\t antimicrobial drug resistance in microbes in and on animals and humans;\n\t\t\t and\n \n \n \n \n (3)\n \n \n identify interventions to prevent and\n\t\t\t control such antimicrobial drug resistance.\n \n \n \n \n \n 4.\n \n \n Enhanced\n\t\t\t reporting requirements\n \n \n \n (a)\n \n \n Reports\n \n \n Section\n\t\t\t 512(l) of the Federal Food, Drug, and Cosmetic Act (\n \n 21 U.S.C. 360b(l)\n \n ) is\n\t\t\t amended by striking paragraph (3) and inserting the following:\n \n \n \n \n (3)\n \n \n \n (A)\n \n \n In the case of each new\n\t\t\t\tanimal drug described in paragraph (1) that contains an antimicrobial active\n\t\t\t\tingredient, the sponsor of the drug shall submit an annual report to the\n\t\t\t\tSecretary on the amount of each antimicrobial active ingredient in the drug\n\t\t\t\tthat is sold or distributed for use in food-producing animals, including\n\t\t\t\tinformation on any distributor-labeled product.\n \n \n \n \n (B)\n \n \n Each report under this paragraph shall\n\t\t\t\tspecify the amount of each antimicrobial active ingredient—\n \n \n \n (i)\n \n \n by container size, strength, and\n\t\t\t\tdosage form;\n \n \n \n \n (ii)\n \n \n by quantities distributed to each\n\t\t\t\tState domestically and by quantities exported; and\n \n \n \n \n (iii)\n \n \n by dosage form, including (for each dosage\n\t\t\t\tform) the known or estimated amounts of the antimicrobial active ingredient\n\t\t\t\tsold or distributed for use in each food-producing animal for which the new\n\t\t\t\tanimal drug is approved, including a description of the methods used to\n\t\t\t\tdetermine or estimate the amounts.\n \n \n \n \n \n \n (4)\n \n \n \n (A)\n \n \n Subject to subparagraph (B), in the case of\n\t\t\t\tanimal feed in final formulation bearing or containing a new animal drug for\n\t\t\t\twhich reporting is required under paragraph (3), a live poultry dealer, swine\n\t\t\t\tcontractor, or feed lot operator who purchases, contracts, or manufactures such\n\t\t\t\tfeed shall submit to the Secretary an annual report that specifies, by\n\t\t\t\tfood-producing animal for which the new animal drug is approved and, where\n\t\t\t\tapplicable as determined by the Secretary, by production class of such\n\t\t\t\tanimal—\n \n \n \n (i)\n \n \n the amount of each antimicrobial\n\t\t\t\tactive ingredient contained per kilogram of each such feed sold or distributed\n\t\t\t\tfor that animal and, where applicable, production class;\n \n \n \n \n (ii)\n \n \n the quantity of such feed sold or\n\t\t\t\tdistributed for that animal and, where applicable, production class; and\n \n \n \n \n (iii)\n \n \n for each such feed sold or\n\t\t\t\tdistributed under a veterinary feed directive—\n \n \n \n (I)\n \n \n the indications for which the feed was\n\t\t\t\tsold or distributed and the quantities of such feed that were sold or\n\t\t\t\tdistributed per each such indication;\n \n \n \n \n (II)\n \n \n the number of individuals of the\n\t\t\t\tfood-producing animal and, where applicable, the production class to which the\n\t\t\t\tfeed was intended; and\n \n \n \n \n (III)\n \n \n the length of time over which the feed\n\t\t\t\twas intended to be provided to the animals and the dose of the active\n\t\t\t\tantimicrobial ingredient the animals were intended to receive.\n \n \n \n \n \n \n (B)\n \n \n \n (i)\n \n \n Subparagraph (A) does\n\t\t\t\tnot apply to a live poultry dealer, swine contractor, or feed lot operator if\n\t\t\t\tthe total value of the live animals owned, purchased, sold, contracted for, or\n\t\t\t\totherwise controlled by the dealer, contractor, or operator, directly or\n\t\t\t\tthrough subsidiaries or affiliates, per year, does not exceed—\n \n \n \n (I)\n \n \n $10,000,000; or\n \n \n \n \n (II)\n \n \n such other sum as the Secretary\n\t\t\t\tmay specify through regulation.\n \n \n \n \n \n (ii)\n \n \n The Secretary may specify through\n\t\t\t\tregulation alternative reporting requirements, including via pilot programs or\n\t\t\t\tbased on the results of pilot programs—\n \n \n \n (I)\n \n \n to improve the accuracy of\n\t\t\t\treports;\n \n \n \n \n (II)\n \n \n to lessen the burden of\n\t\t\t\treporting;\n \n \n \n \n (III)\n \n \n to facilitate the Secretary’s\n\t\t\t\tability to provide public summaries of the reports; or\n \n \n \n \n (IV)\n \n \n to improve the Secretary’s ability\n\t\t\t\tto use the reports, or the public’s ability to use the summaries under\n\t\t\t\tparagraph (5), to understand the relationship between sales, distribution, and\n\t\t\t\tend-use practices with respect to feed containing new animal drugs described in\n\t\t\t\tparagraph (1) and antimicrobial resistance trends in microbes in animals,\n\t\t\t\tanimal food products, and humans.\n \n \n \n \n \n \n \n (5)\n \n \n \n (A)\n \n \n Each report under\n\t\t\t\tparagraph (3) or (4) shall—\n \n \n \n (i)\n \n \n be submitted electronically not\n\t\t\t\tlater than March 31 each year;\n \n \n \n \n (ii)\n \n \n cover the period of the preceding\n\t\t\t\tcalendar year;\n \n \n \n \n (iii)\n \n \n include separate information for\n\t\t\t\teach month of such calendar year; and\n \n \n \n \n (iv)\n \n \n be in such format as the Secretary\n\t\t\t\tmay require.\n \n \n \n \n \n (B)\n \n \n In specifying a format under\n\t\t\t\tsubparagraph (A)(iv), the Secretary shall seek to ensure that such format\n\t\t\t\tenables the data reported to be integrated or otherwise easily associated and\n\t\t\t\tcompared with data from other Federal databases containing data on—\n \n \n \n (i)\n \n \n drug sales for human use;\n\t\t\t\tand\n \n \n \n \n (ii)\n \n \n rates of antimicrobial resistance\n\t\t\t\tin bacteria in and on animals, animal food products, and people.\n \n \n \n \n \n (C)\n \n \n The Secretary may share information\n\t\t\t\treported under paragraph (3) or (4) with the Antimicrobial Resistance Task\n\t\t\t\tForce established under section 319E of the Public Health Service Act.\n \n \n \n \n (D)\n \n \n \n (i)\n \n \n Not later than November\n\t\t\t\t30 each year, the Secretary shall make publicly available summaries of the\n\t\t\t\tinformation reported under paragraphs (3) and (4).\n \n \n \n \n (ii)\n \n \n For each summary under clause (i),\n\t\t\t\texcept as provided in clause (iii), the Secretary shall—\n \n \n \n (I)\n \n \n report data by antimicrobial drug\n\t\t\t\tclass;\n \n \n \n \n (II)\n \n \n for each such antimicrobial drug class,\n\t\t\t\tspecify—\n \n - \n
\n (aa)\n \n \n the quantity of drugs sold or\n\t\t\t\tdistributed per dosage form;\n \n \n - \n
\n (bb)\n \n \n the percentage of drugs sold or\n\t\t\t\tdistributed with labeled indications that fall within each of the following\n\t\t\t\tcategories: growth promotion, feed efficiency, or other production purposes;\n\t\t\t\tdisease prevention; disease control; and disease treatment;\n \n \n - \n
\n (cc)\n \n \n the quantity of drugs sold or\n\t\t\t\tdistributed per each of the following marketing categories: over-the-counter,\n\t\t\t\tprescription, and veterinary feed directive;\n \n \n - \n
\n (dd)\n \n \n the quantity of drugs sold or\n\t\t\t\tdistributed per State of sale or distribution; and\n \n \n - \n
\n (ee)\n \n \n the\n\t\t\t\tknown or estimated quantity of drugs sold or distributed for each\n\t\t\t\tfood-producing animal and, where feasible, production class of such animal;\n\t\t\t\tand\n \n \n \n \n \n (III)\n \n \n for each feed sold or\n\t\t\t\tdistributed under a veterinary food directive for which reporting is required\n\t\t\t\tunder paragraph (4), include the information reported pursuant to subclauses\n\t\t\t\t(I), (II), and (III) of paragraph (4)(A)(iii).\n \n \n \n \n \n (iii)\n \n \n For any antimicrobial drug class\n\t\t\t\twith fewer than 3 sponsors of approved new animal drugs, instead of reporting\n\t\t\t\tdata under clause (ii), the Secretary shall for each such class—\n \n \n \n (I)\n \n \n report data by category of\n\t\t\t\timportance of the antimicrobial drugs within that class to human medicine, as\n\t\t\t\tdetermined by the Secretary; and\n \n \n \n \n (II)\n \n \n to the extent feasible for each such\n\t\t\t\tcategory, specify—\n \n - \n
\n (aa)\n \n \n the quantity of drugs sold or\n\t\t\t\tdistributed per dosage form;\n \n \n - \n
\n (bb)\n \n \n the percentage of drugs sold or\n\t\t\t\tdistributed with labeled indications that fall within each of the following\n\t\t\t\tcategories: growth promotion, feed efficiency, or other production purposes;\n\t\t\t\tdisease prevention; disease control; and disease treatment;\n \n \n - \n
\n (cc)\n \n \n the quantity of drugs sold or\n\t\t\t\tdistributed per each of the following marketing categories: over-the-counter,\n\t\t\t\tprescription, and veterinary feed directive; and\n \n \n - \n
\n (dd)\n \n \n the quantity of drugs sold or\n\t\t\t\tdistributed per State of sale or distribution.\n \n \n \n \n \n \n (iv)\n \n \n In carrying out this subparagraph,\n\t\t\t\tthe Secretary shall report data in a manner consistent with protecting both\n\t\t\t\tnational security and confidential business information.\n \n \n \n \n \n (E)\n \n \n In this paragraph, the terms\n \n live poultry dealer\n \n and\n \n swine contractor\n \n have the\n\t\t\t\tmeanings given to those terms in section 2 of the Packers and Stockyards Act,\n\t\t\t\t1921.\n \n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Rule of\n\t\t\t application\n \n \n The amendment\n\t\t\t made by this section applies to reports under paragraphs (3) and (4) of section\n\t\t\t 512(l) of the Federal Food, Drug, and Cosmetic Act (\n \n 21 U.S.C. 360b(l)\n \n ) (as\n\t\t\t amended by subsection (a)) that cover the period of calendar year 2014 or any\n\t\t\t subsequent calendar year. The provisions of section 512(l)(3) of such Act, as\n\t\t\t in effect the day before the date of enactment of this Act, apply to reports\n\t\t\t that cover the period of calendar year 2013.\n \n \n \n \n \n 5.\n \n \n Enhanced\n\t\t\t collaboration between the Food and Drug Administration and the Department of\n\t\t\t Agriculture\n \n \n The Secretary of\n\t\t\t Health and Human Services, acting through the Commissioner of Food and Drugs,\n\t\t\t shall increase collaboration and coordination with the Secretary of Agriculture\n\t\t\t to expand and coordinate the collection of data on the use of antimicrobial\n\t\t\t drugs in or on cattle, swine, chickens, turkeys, and such other food-producing\n\t\t\t animal species as agreed to by the Secretary of Health and Human Services and\n\t\t\t the Secretary of Agriculture, including by providing information to the\n\t\t\t Secretary of Agriculture for use by—\n \n \n \n (1)\n \n \n the Animal and\n\t\t\t Plant Health Inspection Service to help inform its collection of data through\n\t\t\t the National Animal Health Monitoring System; and\n \n \n \n \n (2)\n \n \n the Economic Research Service to help\n\t\t\t inform its collection of data through the Agricultural Resource Management\n\t\t\t Survey.\n \n \n \n \n \n 6.\n \n \n Action by\n\t\t\t Government Accountability Office\n \n \n \n (a)\n \n \n Publication of\n\t\t\t final guidance\n \n \n Not later than 180 days after the date of\n\t\t\t enactment of this Act, the Secretary of Health and Human Services shall publish\n\t\t\t a final version of draft guidance #213, entitled\n \n \n \n \n (b)\n \n \n Report by\n\t\t\t GAO\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Not later than 3 years after the publication of final\n\t\t\t guidance pursuant to subsection (a), the Comptroller General of the United\n\t\t\t States shall commence a study to evaluate—\n \n \n \n (A)\n \n \n the voluntary\n\t\t\t approach used by the Food and Drug Administration to eliminate injudicious use\n\t\t\t of antimicrobial drugs in food-producing animals; and\n \n \n \n \n (B)\n \n \n the effectiveness\n\t\t\t of the data collection activities conducted by the Food and Drug Administration\n\t\t\t regarding antimicrobial resistance.\n \n \n \n \n \n (2)\n \n \n Report\n \n \n Not\n\t\t\t later than 1 year after commencing the study required by paragraph (1), the\n\t\t\t Comptroller General of the United States shall submit to the Committee on\n\t\t\t Health, Education, Labor, and Pensions of the Senate and the Committee on\n\t\t\t Energy and Commerce of the House of Representatives a report that describes the\n\t\t\t results of such study.\n \n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 820 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Waxman (for himself and Ms. Slaughter ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to enhance the reporting requirements pertaining to use of antimicrobial drugs in food animals.\n\n1. Short title This Act may be cited as the Delivering Antimicrobial Transparency in Animals Act of 2013 . 2. Findings The Congress finds the following: (1) Antimicrobials are of critical importance to public health and to the American economy. (2) Use of antimicrobials, whether in human medicine or in agriculture, contributes to the development and spread of antimicrobial resistance. (3) Data from the Food and Drug Administration (FDA) indicate that approximately 80 percent of all antimicrobials sold in the United States, over 29,000,000 pounds in 2009, were sold for use in food animals. (4) A study published in September, 2012, in Proceedings of the National Academy of Sciences of the United States of America found that even low doses of antimicrobials in animal feed for short periods of time increased the prevalence of the bacteria E. coli and the prevalence and diversity of antimicrobial resistance genes in bacteria in pigs. (5) Public Law 110–316, the Animal Drug User Fee Amendments of 2008, requires producers of drugs used in food animals to provide specified information annually to the FDA on the sales and indications for use of such drugs. (6) A September 2011 study by the Government Accountability Office found that the data provided to the FDA under the Animal Drug User Fee Amendments Act of 2008 lacked sufficient details necessary to analyze trends in antimicrobial resistance, such as information on actual drug use in specific food-producing animal species. 3. Purpose The purpose of this Act is to provide the Food and Drug Administration and the public with better information on the use of antimicrobial drugs in animals used for food to— (1) enable public health officials and scientists to better understand and interpret trends and variations in rates of microbial resistance to such antimicrobial drugs; (2) improve the understanding of the relationship between antimicrobial drug use in animals used for food and antimicrobial drug resistance in microbes in and on animals and humans; and (3) identify interventions to prevent and control such antimicrobial drug resistance. 4. Enhanced reporting requirements (a) Reports Section 512(l) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360b(l) ) is amended by striking paragraph (3) and inserting the following: (3) (A) In the case of each new animal drug described in paragraph (1) that contains an antimicrobial active ingredient, the sponsor of the drug shall submit an annual report to the Secretary on the amount of each antimicrobial active ingredient in the drug that is sold or distributed for use in food-producing animals, including information on any distributor-labeled product. (B) Each report under this paragraph shall specify the amount of each antimicrobial active ingredient— (i) by container size, strength, and dosage form; (ii) by quantities distributed to each State domestically and by quantities exported; and (iii) by dosage form, including (for each dosage form) the known or estimated amounts of the antimicrobial active ingredient sold or distributed for use in each food-producing animal for which the new animal drug is approved, including a description of the methods used to determine or estimate the amounts. (4) (A) Subject to subparagraph (B), in the case of animal feed in final formulation bearing or containing a new animal drug for which reporting is required under paragraph (3), a live poultry dealer, swine contractor, or feed lot operator who purchases, contracts, or manufactures such feed shall submit to the Secretary an annual report that specifies, by food-producing animal for which the new animal drug is approved and, where applicable as determined by the Secretary, by production class of such animal— (i) the amount of each antimicrobial active ingredient contained per kilogram of each such feed sold or distributed for that animal and, where applicable, production class; (ii) the quantity of such feed sold or distributed for that animal and, where applicable, production class; and (iii) for each such feed sold or distributed under a veterinary feed directive— (I) the indications for which the feed was sold or distributed and the quantities of such feed that were sold or distributed per each such indication; (II) the number of individuals of the food-producing animal and, where applicable, the production class to which the feed was intended; and (III) the length of time over which the feed was intended to be provided to the animals and the dose of the active antimicrobial ingredient the animals were intended to receive. (B) (i) Subparagraph (A) does not apply to a live poultry dealer, swine contractor, or feed lot operator if the total value of the live animals owned, purchased, sold, contracted for, or otherwise controlled by the dealer, contractor, or operator, directly or through subsidiaries or affiliates, per year, does not exceed— (I) $10,000,000; or (II) such other sum as the Secretary may specify through regulation. (ii) The Secretary may specify through regulation alternative reporting requirements, including via pilot programs or based on the results of pilot programs— (I) to improve the accuracy of reports; (II) to lessen the burden of reporting; (III) to facilitate the Secretary’s ability to provide public summaries of the reports; or (IV) to improve the Secretary’s ability to use the reports, or the public’s ability to use the summaries under paragraph (5), to understand the relationship between sales, distribution, and end-use practices with respect to feed containing new animal drugs described in paragraph (1) and antimicrobial resistance trends in microbes in animals, animal food products, and humans. (5) (A) Each report under paragraph (3) or (4) shall— (i) be submitted electronically not later than March 31 each year; (ii) cover the period of the preceding calendar year; (iii) include separate information for each month of such calendar year; and (iv) be in such format as the Secretary may require. (B) In specifying a format under subparagraph (A)(iv), the Secretary shall seek to ensure that such format enables the data reported to be integrated or otherwise easily associated and compared with data from other Federal databases containing data on— (i) drug sales for human use; and (ii) rates of antimicrobial resistance in bacteria in and on animals, animal food products, and people. (C) The Secretary may share information reported under paragraph (3) or (4) with the Antimicrobial Resistance Task Force established under section 319E of the Public Health Service Act. (D) (i) Not later than November 30 each year, the Secretary shall make publicly available summaries of the information reported under paragraphs (3) and (4). (ii) For each summary under clause (i), except as provided in clause (iii), the Secretary shall— (I) report data by antimicrobial drug class; (II) for each such antimicrobial drug class, specify— (aa) the quantity of drugs sold or distributed per dosage form; (bb) the percentage of drugs sold or distributed with labeled indications that fall within each of the following categories: growth promotion, feed efficiency, or other production purposes; disease prevention; disease control; and disease treatment; (cc) the quantity of drugs sold or distributed per each of the following marketing categories: over-the-counter, prescription, and veterinary feed directive; (dd) the quantity of drugs sold or distributed per State of sale or distribution; and (ee) the known or estimated quantity of drugs sold or distributed for each food-producing animal and, where feasible, production class of such animal; and (III) for each feed sold or distributed under a veterinary food directive for which reporting is required under paragraph (4), include the information reported pursuant to subclauses (I), (II), and (III) of paragraph (4)(A)(iii). (iii) For any antimicrobial drug class with fewer than 3 sponsors of approved new animal drugs, instead of reporting data under clause (ii), the Secretary shall for each such class— (I) report data by category of importance of the antimicrobial drugs within that class to human medicine, as determined by the Secretary; and (II) to the extent feasible for each such category, specify— (aa) the quantity of drugs sold or distributed per dosage form; (bb) the percentage of drugs sold or distributed with labeled indications that fall within each of the following categories: growth promotion, feed efficiency, or other production purposes; disease prevention; disease control; and disease treatment; (cc) the quantity of drugs sold or distributed per each of the following marketing categories: over-the-counter, prescription, and veterinary feed directive; and (dd) the quantity of drugs sold or distributed per State of sale or distribution. (iv) In carrying out this subparagraph, the Secretary shall report data in a manner consistent with protecting both national security and confidential business information. (E) In this paragraph, the terms live poultry dealer and swine contractor have the meanings given to those terms in section 2 of the Packers and Stockyards Act, 1921. . (b) Rule of application The amendment made by this section applies to reports under paragraphs (3) and (4) of section 512(l) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360b(l) ) (as amended by subsection (a)) that cover the period of calendar year 2014 or any subsequent calendar year. The provisions of section 512(l)(3) of such Act, as in effect the day before the date of enactment of this Act, apply to reports that cover the period of calendar year 2013. 5. Enhanced collaboration between the Food and Drug Administration and the Department of Agriculture The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall increase collaboration and coordination with the Secretary of Agriculture to expand and coordinate the collection of data on the use of antimicrobial drugs in or on cattle, swine, chickens, turkeys, and such other food-producing animal species as agreed to by the Secretary of Health and Human Services and the Secretary of Agriculture, including by providing information to the Secretary of Agriculture for use by— (1) the Animal and Plant Health Inspection Service to help inform its collection of data through the National Animal Health Monitoring System; and (2) the Economic Research Service to help inform its collection of data through the Agricultural Resource Management Survey. 6. Action by Government Accountability Office (a) Publication of final guidance Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall publish a final version of draft guidance #213, entitled New Animal Drugs and New Animal Drug Combination Products Administered in or on Medicated Feed or Drinking Water of Food-Producing Animals: Recommendations for Drug Sponsors for Voluntarily Aligning Product Use Conditions with GFI #209 . (b) Report by GAO (1) In general Not later than 3 years after the publication of final guidance pursuant to subsection (a), the Comptroller General of the United States shall commence a study to evaluate— (A) the voluntary approach used by the Food and Drug Administration to eliminate injudicious use of antimicrobial drugs in food-producing animals; and (B) the effectiveness of the data collection activities conducted by the Food and Drug Administration regarding antimicrobial resistance. (2) Report Not later than 1 year after commencing the study required by paragraph (1), the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of such study."}}},{"rowIdx":1549,"cells":{"tv_id":{"kind":"string","value":"113-hr-821-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-821"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":821,"string":"821"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr821ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr821ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:44.061"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 821 IH: To amend the Servicemembers Civil Relief Act to provide surviving spouses with certain protections relating to mortgages and mortgage foreclosures, and for other purposes.\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Expansion of protections relating to mortgages and mortgage foreclosures for surviving spouses\n \n \n \n (a)\n \n \n Protection for Surviving Spouse\n \n \n Section 303 of the Servicemembers Civil Relief Act (\n \n 50 U.S.C. App. 533\n \n ) is amended by adding at the end the following new subsection:\n \n \n \n \n (e)\n \n \n Protection for Surviving Spouse\n \n \n During the five-year period beginning on the date of the enactment of this subsection, with respect to a servicemember who dies while in military service and whose death is service-connected, this section shall apply to the surviving spouse of the servicemember if such spouse is the successor in interest to property covered under subsection (a).\n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Effective date\n \n \n Subsection (e) of section 303 of such Act, as added by subsection (a), shall apply to a surviving spouse of a servicemember whose death is on or after the date of the enactment of this Act.\n \n \n \n \n \n 2.\n \n \n Requirements for lending institutions that are creditors for obligations and liabilities covered by the Servicemembers Civil Relief Act\n \n \n Section 207 of the Servicemembers Civil Relief Act is amended—\n \n \n \n (1)\n \n \n by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and\n \n \n \n \n (2)\n \n \n by inserting after subsection (c) the following new subsection (d):\n \n \n \n \n (d)\n \n \n Lending institution requirements\n \n \n \n (1)\n \n \n Compliance officers\n \n \n Each lending institution subject to the requirements of this section shall designate an employee of the institution as a compliance officer who is responsible for ensuring the institution’s compliance with this section and for distributing information to servicemembers whose obligations and liabilities are covered by this section.\n \n \n \n \n (2)\n \n \n Toll-free telephone number\n \n \n During any fiscal year, a lending institution subject to the requirements of this section that had annual assets for the preceding fiscal year of $10,000,000,000 or more shall maintain a toll-free telephone number and shall make such telephone number available on the primary Internet website of the institution.\n \n \n \n \n .\n \n \n \n \n \n \n 3.\n \n \n Extension of period of protections for servicemembers against mortgage foreclosures\n \n \n Section 710(d) of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 (\n \n Public Law 112–154\n \n ; 50 U.S.C. App. 533 note) is amended—\n \n \n \n (1)\n \n \n in paragraph (1), by striking\n \n \n \n \n (2)\n \n \n in paragraph (3), by striking\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 821 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend the Servicemembers Civil Relief Act to provide surviving spouses with certain protections relating to mortgages and mortgage foreclosures, and for other purposes.\n\n1. Expansion of protections relating to mortgages and mortgage foreclosures for surviving spouses (a) Protection for Surviving Spouse Section 303 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 533 ) is amended by adding at the end the following new subsection: (e) Protection for Surviving Spouse During the five-year period beginning on the date of the enactment of this subsection, with respect to a servicemember who dies while in military service and whose death is service-connected, this section shall apply to the surviving spouse of the servicemember if such spouse is the successor in interest to property covered under subsection (a). . (b) Effective date Subsection (e) of section 303 of such Act, as added by subsection (a), shall apply to a surviving spouse of a servicemember whose death is on or after the date of the enactment of this Act. 2. Requirements for lending institutions that are creditors for obligations and liabilities covered by the Servicemembers Civil Relief Act Section 207 of the Servicemembers Civil Relief Act is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection (d): (d) Lending institution requirements (1) Compliance officers Each lending institution subject to the requirements of this section shall designate an employee of the institution as a compliance officer who is responsible for ensuring the institution’s compliance with this section and for distributing information to servicemembers whose obligations and liabilities are covered by this section. (2) Toll-free telephone number During any fiscal year, a lending institution subject to the requirements of this section that had annual assets for the preceding fiscal year of $10,000,000,000 or more shall maintain a toll-free telephone number and shall make such telephone number available on the primary Internet website of the institution. . 3. Extension of period of protections for servicemembers against mortgage foreclosures Section 710(d) of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 ( Public Law 112–154 ; 50 U.S.C. App. 533 note) is amended— (1) in paragraph (1), by striking December 31, 2014 and inserting December 31, 2017 ; and (2) in paragraph (3), by striking January 1, 2015 and inserting January 1, 2018 ."}}},{"rowIdx":1550,"cells":{"tv_id":{"kind":"string","value":"113-hr-822-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-822"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":822,"string":"822"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr822ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr822ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:43.626"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 822 IH: Teaching Geography is Fundamental Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Geography\n\t\t\t education\n \n \n Title II of the\n\t\t\t Higher Education Act of 1965 (\n \n 20 U.S.C. 1021 et seq.\n \n ) is amended by adding at\n\t\t\t the end the following:\n \n \n \n \n D\n \n \n Geography\n\t\t\t\teducation\n \n \n \n 271.\n \n \n Findings\n \n \n Congress makes the following\n\t\t\t\tfindings:\n \n \n \n (1)\n \n \n The economic\n\t\t\t\tstature and competitiveness of the United States requires increasingly\n\t\t\t\tsophisticated levels of geographic knowledge and mastery of geographic\n\t\t\t\ttools.\n \n \n \n \n (2)\n \n \n It is estimated\n\t\t\t\tthat the United States geospatial industry generated $73,000,000,000 in revenue\n\t\t\t\tlast year, with half a million high-wage jobs, and that the industry is growing\n\t\t\t\tat between 25-30 percent per year. This burgeoning industry will not be able to\n\t\t\t\tmaximize its growth potential without a sustained Federal investment in\n\t\t\t\tgeography education.\n \n \n \n \n (3)\n \n \n A 2012 report by a\n\t\t\t\tCouncil on Foreign Relations task force, United States Education Reform and\n\t\t\t\tNational Security, states that the lack of global awareness among American\n\t\t\t\tcitizens increasingly jeopardizes their ability to interact with local and\n\t\t\t\tglobal peers or participate meaningfully in business, diplomatic, and military\n\t\t\t\tsituations.\n \n \n \n \n (4)\n \n \n Geographic\n\t\t\t\tliteracy is essential to a well prepared citizenry in the 21st century because\n\t\t\t\tgeographic factors assume greater importance as the world’s economies,\n\t\t\t\tsocieties, and political structures grow more global in scale.\n \n \n \n \n (5)\n \n \n The 2010 National\n\t\t\t\tAssessment of Educational Progress in geography shows that fewer than 30\n\t\t\t\tpercent of students tested in grades four, eight, and twelve scored at\n\t\t\t\tgrade-level or above. These scores have stayed the same or gotten worse since\n\t\t\t\tthe last time the test was administered in 2001.\n \n \n \n \n (6)\n \n \n The National\n\t\t\t\tAcademy of Sciences urged creation of a national program to improve the\n\t\t\t\tgeographic competence of the United States general population and the school\n\t\t\t\tage population.\n \n \n \n \n (7)\n \n \n Geography is one\n\t\t\t\tof the\n \n \n \n \n (8)\n \n \n A recent National\n\t\t\t\tGeographic Society survey found that all 50 States and the District of Columbia\n\t\t\t\trecognize geography in their curricula or content standards, and an increasing\n\t\t\t\tnumber require geography for graduation and include geography in mandated\n\t\t\t\tstatewide assessments.\n \n \n \n \n (9)\n \n \n Seven of ten\n\t\t\t\teducators responding to a National Geographic survey felt their professional\n\t\t\t\tdevelopment opportunities in geography were inadequate and half believed their\n\t\t\t\tschools had inadequate basic materials for teaching geography.\n \n \n \n \n (10)\n \n \n The National\n\t\t\t\tGeographic Society has spent more than 25 years pioneering an extraordinarily\n\t\t\t\teffective national program for improving the teaching of geography by engaging\n\t\t\t\tuniversity faculty, geographers, and highly trained teachers in State\n\t\t\t\tGeographic Alliances dedicated to providing high-quality professional\n\t\t\t\tdevelopment opportunities for kindergarten through grade 12 teachers.\n \n \n \n \n (11)\n \n \n More than 80\n\t\t\t\tcolleges and universities in all 50 States have received grants from the\n\t\t\t\tNational Geographic Society to support State Geographic Alliances and their\n\t\t\t\tprofessional development programs. Alliance-trained kindergarten through grade\n\t\t\t\t12 teachers and their higher education partners conduct workshops, develop\n\t\t\t\tlocalized teaching materials, and facilitate communication among thousands of\n\t\t\t\tteachers whose responsibilities include teaching of geography in various\n\t\t\t\tformats and grade levels.\n \n \n \n \n (12)\n \n \n A study by\n\t\t\t\tMid-continent Research for Education and Learning that assessed student\n\t\t\t\tacademic achievement in geography on the National Assessment of Educational\n\t\t\t\tProgress showed that students taught by Alliance-trained teachers out-performed\n\t\t\t\tother students by almost 10 percent.\n \n \n \n \n (13)\n \n \n We live in a\n\t\t\t\tchanging world with multiple and evolving threats to national security,\n\t\t\t\tincluding terrorism, asymmetrical warfare, and social unrest. As the nature of\n\t\t\t\tthe threat evolves, so do the tools, knowledge, and skills needed to respond. A\n\t\t\t\t2013 National Academies report states that it is likely that qualified\n\t\t\t\tGeography Information Systems and remote sensing experts are already hard to\n\t\t\t\tfind. Long before 2030, competition and a small number of graduates will likely\n\t\t\t\tresult in shortages in all emerging areas and in the core areas of cartography,\n\t\t\t\tphotogammetry, and geodesy.\n \n \n \n \n \n 272.\n \n \n Purposes and\n\t\t\t\tobjectives\n \n \n \n (a)\n \n \n Purpose\n \n \n The purpose of this part is to promote\n\t\t\t\tgeographic literacy and improved understanding of global cultures among\n\t\t\t\tkindergarten through grade 12 students by expanding programs that employ the\n\t\t\t\tgeographic knowledge and expertise of faculty members in institutions of higher\n\t\t\t\teducation for the benefit of kindergarten through grade 12 teachers and to\n\t\t\t\totherwise advance geographic literacy.\n \n \n \n \n (b)\n \n \n Objectives\n \n \n The objectives of this part are the\n\t\t\t\tfollowing:\n \n \n \n (1)\n \n \n To increase students knowledge of, and\n\t\t\t\tachievement in, standards-based geography to enable the students to become\n\t\t\t\tbetter informed and more productive citizens.\n \n \n \n \n (2)\n \n \n To increase the number of highly qualified\n\t\t\t\tteachers of United States and world geography and to enable the teachers to\n\t\t\t\timprove student mastery of geographic principles and practical applications of\n\t\t\t\tthose principles.\n \n \n \n \n (3)\n \n \n To encourage geographic education research,\n\t\t\t\tto develop and disseminate effective instructional materials, and to promote\n\t\t\t\treplication of best practices and exemplary programs that foster geographic\n\t\t\t\tliteracy.\n \n \n \n \n (4)\n \n \n To assist States in measuring the impact of\n\t\t\t\teducation in geography.\n \n \n \n \n (5)\n \n \n To leverage and expand private and public\n\t\t\t\tsupport for geography education partnerships at national, State, and local\n\t\t\t\tlevels.\n \n \n \n \n \n \n 273.\n \n \n Grant program\n\t\t\t\tauthorized\n \n \n The Secretary is\n\t\t\t\tauthorized to award a grant to a national nonprofit educational organization or\n\t\t\t\ta consortium of organizations (hereafter in this part referred to as the\n \n \n \n \n 274.\n \n \n Use of\n\t\t\t\tfunds\n \n \n \n (a)\n \n \n Direct\n\t\t\t\tactivities\n \n \n The grantee shall\n\t\t\t\tuse not more than 25 percent of the funds made available through the grant for\n\t\t\t\ta fiscal year—\n \n \n \n (1)\n \n \n to strengthen and expand the grantee’s\n\t\t\t\trelationships with institutions of higher education and with State educational\n\t\t\t\tagencies and local educational agencies and other public and private\n\t\t\t\torganizations with a commitment to geography education and the benefits of\n\t\t\t\tgeography education;\n \n \n \n \n (2)\n \n \n to support and promote research-based\n\t\t\t\ttraining of teachers of geography and related disciplines in kindergarten\n\t\t\t\tthrough grade 12 as a means of broadening student knowledge of the world,\n\t\t\t\tincluding the dissemination of information on effective practices and research\n\t\t\t\tfindings concerning the teaching of geography;\n \n \n \n \n (3)\n \n \n to support research on effective geography\n\t\t\t\tteaching practices and the development of assessment instruments and strategies\n\t\t\t\tto document student understanding of geography;\n \n \n \n \n (4)\n \n \n to convene national conferences on\n\t\t\t\tgeography education to assess the current state of geographic literacy and to\n\t\t\t\tidentify strategies for improvement; and\n \n \n \n \n (5)\n \n \n to develop and disseminate appropriate\n\t\t\t\tresearch-based materials to foster geographic literacy.\n \n \n \n \n \n (b)\n \n \n Subgrants\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n The grantee shall use\n\t\t\t\tnot more than 75 percent of the funds made available through the grant for a\n\t\t\t\tfiscal year to award subgrants to eligible recipients.\n \n \n \n \n (2)\n \n \n Eligible\n\t\t\t\trecipient defined\n \n \n In this\n\t\t\t\tpart the term\n \n eligible recipient\n \n means an institution of higher\n\t\t\t\teducation associated with—\n \n \n \n (A)\n \n \n a State geographic alliance;\n \n \n \n \n (B)\n \n \n a nonprofit educational\n\t\t\t\torganization;\n \n \n \n \n (C)\n \n \n a State educational agency or local\n\t\t\t\teducational agency; or\n \n \n \n \n (D)\n \n \n a partnership between or among an alliance,\n\t\t\t\torganization, or agency described in subparagraph (A), (B) or (C).\n \n \n \n \n \n (3)\n \n \n Subgrant uses of\n\t\t\t\tfunds\n \n \n Eligible recipients\n\t\t\t\tshall use the subgrant funds for 1 or more of the following purposes:\n \n \n \n (A)\n \n \n Conducting teacher training programs that\n\t\t\t\tuse effective and research-based approaches to the teaching of geography at the\n\t\t\t\tkindergarten through grade 12 level.\n \n \n \n \n (B)\n \n \n Applying Geographic Information System\n\t\t\t\t(GIS) or other geographic technological tools to the teaching of\n\t\t\t\tgeography.\n \n \n \n \n (C)\n \n \n Applying Internet and other distance\n\t\t\t\tlearning technology to the teaching of geography or to the continuing education\n\t\t\t\tof teachers.\n \n \n \n \n (D)\n \n \n Promoting rigorous academic standards and\n\t\t\t\tassessment techniques to guide and measure student performance in\n\t\t\t\tgeography.\n \n \n \n \n (E)\n \n \n Promoting research in geography education,\n\t\t\t\temphasizing research that leads to improving student achievement.\n \n \n \n \n (F)\n \n \n Carrying out local, field-based activities\n\t\t\t\tfor teachers and students to improve their knowledge of the concepts and tools\n\t\t\t\tof geography while enhancing understanding of their home region.\n \n \n \n \n (G)\n \n \n Promoting comparative studies of world\n\t\t\t\tcultures, economies, and environments.\n \n \n \n \n (H)\n \n \n Encouraging replication of best practices\n\t\t\t\tand model programs to promote geographic literacy.\n \n \n \n \n (I)\n \n \n Developing and disseminating effective,\n\t\t\t\tresearch-based geography learning materials.\n \n \n \n \n (J)\n \n \n Convening State-based conferences to assess\n\t\t\t\tthe state of geographic literacy and to identify strategies for\n\t\t\t\timprovement.\n \n \n \n \n \n \n \n 275.\n \n \n Applications\n \n \n \n (a)\n \n \n Grantee\n\t\t\t\tapplications\n \n \n To be eligible\n\t\t\t\tto receive a grant under this part, a grantee shall submit to the Secretary an\n\t\t\t\tapplication at such time, in such manner, and accompanied by such information\n\t\t\t\tas the Secretary may require.\n \n \n \n \n (b)\n \n \n Eligible\n\t\t\t\trecipient applications\n \n \n \n (1)\n \n \n Submission\n \n \n To be eligible to receive a subgrant under\n\t\t\t\tthis part, an eligible recipient shall submit an application to a grantee at\n\t\t\t\tsuch time, in such manner and accompanied by such information as the grantee\n\t\t\t\tmay require.\n \n \n \n \n (2)\n \n \n Review\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n A grantee shall\n\t\t\t\tinvite individuals described in\n \n subparagraph (B)\n \n to review all\n\t\t\t\tapplications from eligible recipients for a subgrant under this section and to\n\t\t\t\tmake recommendations to the grantee regarding the approval of the\n\t\t\t\tapplications.\n \n \n \n \n (B)\n \n \n Reviewers\n \n \n The individuals referred to in\n \n subparagraph (A)\n \n are the\n\t\t\t\tfollowing:\n \n \n \n (i)\n \n \n Leaders in the field of geography\n\t\t\t\teducation.\n \n \n \n \n (ii)\n \n \n Such other individuals as the grantee may\n\t\t\t\tdetermine are necessary or desirable.\n \n \n \n \n \n \n \n \n 276.\n \n \n Requirements\n \n \n \n (a)\n \n \n Administrative\n\t\t\t\tcosts\n \n \n A grantee receiving a\n\t\t\t\tgrant under this part for a fiscal year, and each eligible recipient receiving\n\t\t\t\ta subgrant under this part for a fiscal year, may use not more than 15 percent\n\t\t\t\tof the funds made available through the grant or subgrant, respectively, for\n\t\t\t\tadministrative costs.\n \n \n \n \n (b)\n \n \n Matching\n\t\t\t\trequirements\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n In order to be\n\t\t\t\teligible to receive a subgrant under this part an eligible recipient shall\n\t\t\t\tagree in the application submitted under\n \n section 275(b)\n \n to provide matching funds\n\t\t\t\ttowards the costs of the activities assisted under the subgrant.\n \n \n \n \n (2)\n \n \n Amount\n \n \n An eligible recipient shall provide\n\t\t\t\tmatching funds in an amount equal to 20 percent of the subgrant funds received\n\t\t\t\tunder this part for the second and each succeeding fiscal year for which\n\t\t\t\tsubgrant payments are made.\n \n \n \n \n (3)\n \n \n Source of\n\t\t\t\tmatching funds\n \n \n Matching funds\n\t\t\t\tmay be provided in cash or in kind, fairly evaluated, including facilities,\n\t\t\t\tstaffing salaries, and educational materials.\n \n \n \n \n \n \n 277.\n \n \n Authorization of\n\t\t\t\tappropriations\n \n \n There are\n\t\t\t\tauthorized to be appropriated to carry out this part $15,000,000 for fiscal\n\t\t\t\tyear 2014 and each of the 4 succeeding fiscal\n\t\t\t\tyears.\n \n \n \n \n .\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 822 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Van Hollen (for himself, Mr. Petri , and Mr. Walz ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To improve and expand geographic literacy among kindergarten through grade 12 students in the United States by improving professional development programs for kindergarten through grade 12 teachers offered through institutions of higher education.\n\n1. Short title This Act may be cited as the Teaching Geography is Fundamental Act . 2. Geography education Title II of the Higher Education Act of 1965 ( 20 U.S.C. 1021 et seq. ) is amended by adding at the end the following: D Geography education 271. Findings Congress makes the following findings: (1) The economic stature and competitiveness of the United States requires increasingly sophisticated levels of geographic knowledge and mastery of geographic tools. (2) It is estimated that the United States geospatial industry generated $73,000,000,000 in revenue last year, with half a million high-wage jobs, and that the industry is growing at between 25-30 percent per year. This burgeoning industry will not be able to maximize its growth potential without a sustained Federal investment in geography education. (3) A 2012 report by a Council on Foreign Relations task force, United States Education Reform and National Security, states that the lack of global awareness among American citizens increasingly jeopardizes their ability to interact with local and global peers or participate meaningfully in business, diplomatic, and military situations. (4) Geographic literacy is essential to a well prepared citizenry in the 21st century because geographic factors assume greater importance as the world’s economies, societies, and political structures grow more global in scale. (5) The 2010 National Assessment of Educational Progress in geography shows that fewer than 30 percent of students tested in grades four, eight, and twelve scored at grade-level or above. These scores have stayed the same or gotten worse since the last time the test was administered in 2001. (6) The National Academy of Sciences urged creation of a national program to improve the geographic competence of the United States general population and the school age population. (7) Geography is one of the core academic subjects defined under the Elementary and Secondary Education Act. (8) A recent National Geographic Society survey found that all 50 States and the District of Columbia recognize geography in their curricula or content standards, and an increasing number require geography for graduation and include geography in mandated statewide assessments. (9) Seven of ten educators responding to a National Geographic survey felt their professional development opportunities in geography were inadequate and half believed their schools had inadequate basic materials for teaching geography. (10) The National Geographic Society has spent more than 25 years pioneering an extraordinarily effective national program for improving the teaching of geography by engaging university faculty, geographers, and highly trained teachers in State Geographic Alliances dedicated to providing high-quality professional development opportunities for kindergarten through grade 12 teachers. (11) More than 80 colleges and universities in all 50 States have received grants from the National Geographic Society to support State Geographic Alliances and their professional development programs. Alliance-trained kindergarten through grade 12 teachers and their higher education partners conduct workshops, develop localized teaching materials, and facilitate communication among thousands of teachers whose responsibilities include teaching of geography in various formats and grade levels. (12) A study by Mid-continent Research for Education and Learning that assessed student academic achievement in geography on the National Assessment of Educational Progress showed that students taught by Alliance-trained teachers out-performed other students by almost 10 percent. (13) We live in a changing world with multiple and evolving threats to national security, including terrorism, asymmetrical warfare, and social unrest. As the nature of the threat evolves, so do the tools, knowledge, and skills needed to respond. A 2013 National Academies report states that it is likely that qualified Geography Information Systems and remote sensing experts are already hard to find. Long before 2030, competition and a small number of graduates will likely result in shortages in all emerging areas and in the core areas of cartography, photogammetry, and geodesy. 272. Purposes and objectives (a) Purpose The purpose of this part is to promote geographic literacy and improved understanding of global cultures among kindergarten through grade 12 students by expanding programs that employ the geographic knowledge and expertise of faculty members in institutions of higher education for the benefit of kindergarten through grade 12 teachers and to otherwise advance geographic literacy. (b) Objectives The objectives of this part are the following: (1) To increase students knowledge of, and achievement in, standards-based geography to enable the students to become better informed and more productive citizens. (2) To increase the number of highly qualified teachers of United States and world geography and to enable the teachers to improve student mastery of geographic principles and practical applications of those principles. (3) To encourage geographic education research, to develop and disseminate effective instructional materials, and to promote replication of best practices and exemplary programs that foster geographic literacy. (4) To assist States in measuring the impact of education in geography. (5) To leverage and expand private and public support for geography education partnerships at national, State, and local levels. 273. Grant program authorized The Secretary is authorized to award a grant to a national nonprofit educational organization or a consortium of organizations (hereafter in this part referred to as the grantee ) that has as its primary purpose the improvement of the quality of student understanding of geography through effective teaching of geography in the Nation’s classrooms. 274. Use of funds (a) Direct activities The grantee shall use not more than 25 percent of the funds made available through the grant for a fiscal year— (1) to strengthen and expand the grantee’s relationships with institutions of higher education and with State educational agencies and local educational agencies and other public and private organizations with a commitment to geography education and the benefits of geography education; (2) to support and promote research-based training of teachers of geography and related disciplines in kindergarten through grade 12 as a means of broadening student knowledge of the world, including the dissemination of information on effective practices and research findings concerning the teaching of geography; (3) to support research on effective geography teaching practices and the development of assessment instruments and strategies to document student understanding of geography; (4) to convene national conferences on geography education to assess the current state of geographic literacy and to identify strategies for improvement; and (5) to develop and disseminate appropriate research-based materials to foster geographic literacy. (b) Subgrants (1) In general The grantee shall use not more than 75 percent of the funds made available through the grant for a fiscal year to award subgrants to eligible recipients. (2) Eligible recipient defined In this part the term eligible recipient means an institution of higher education associated with— (A) a State geographic alliance; (B) a nonprofit educational organization; (C) a State educational agency or local educational agency; or (D) a partnership between or among an alliance, organization, or agency described in subparagraph (A), (B) or (C). (3) Subgrant uses of funds Eligible recipients shall use the subgrant funds for 1 or more of the following purposes: (A) Conducting teacher training programs that use effective and research-based approaches to the teaching of geography at the kindergarten through grade 12 level. (B) Applying Geographic Information System (GIS) or other geographic technological tools to the teaching of geography. (C) Applying Internet and other distance learning technology to the teaching of geography or to the continuing education of teachers. (D) Promoting rigorous academic standards and assessment techniques to guide and measure student performance in geography. (E) Promoting research in geography education, emphasizing research that leads to improving student achievement. (F) Carrying out local, field-based activities for teachers and students to improve their knowledge of the concepts and tools of geography while enhancing understanding of their home region. (G) Promoting comparative studies of world cultures, economies, and environments. (H) Encouraging replication of best practices and model programs to promote geographic literacy. (I) Developing and disseminating effective, research-based geography learning materials. (J) Convening State-based conferences to assess the state of geographic literacy and to identify strategies for improvement. 275. Applications (a) Grantee applications To be eligible to receive a grant under this part, a grantee shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Eligible recipient applications (1) Submission To be eligible to receive a subgrant under this part, an eligible recipient shall submit an application to a grantee at such time, in such manner and accompanied by such information as the grantee may require. (2) Review (A) In general A grantee shall invite individuals described in subparagraph (B) to review all applications from eligible recipients for a subgrant under this section and to make recommendations to the grantee regarding the approval of the applications. (B) Reviewers The individuals referred to in subparagraph (A) are the following: (i) Leaders in the field of geography education. (ii) Such other individuals as the grantee may determine are necessary or desirable. 276. Requirements (a) Administrative costs A grantee receiving a grant under this part for a fiscal year, and each eligible recipient receiving a subgrant under this part for a fiscal year, may use not more than 15 percent of the funds made available through the grant or subgrant, respectively, for administrative costs. (b) Matching requirements (1) In general In order to be eligible to receive a subgrant under this part an eligible recipient shall agree in the application submitted under section 275(b) to provide matching funds towards the costs of the activities assisted under the subgrant. (2) Amount An eligible recipient shall provide matching funds in an amount equal to 20 percent of the subgrant funds received under this part for the second and each succeeding fiscal year for which subgrant payments are made. (3) Source of matching funds Matching funds may be provided in cash or in kind, fairly evaluated, including facilities, staffing salaries, and educational materials. 277. Authorization of appropriations There are authorized to be appropriated to carry out this part $15,000,000 for fiscal year 2014 and each of the 4 succeeding fiscal years. ."}}},{"rowIdx":1551,"cells":{"tv_id":{"kind":"string","value":"113-hr-823-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-823"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":823,"string":"823"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr823ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr823ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:43.734"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 823 IH: Space Leadership Preservation Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Purpose\n \n \n The purpose of this Act is to ensure that\n\t\t\t the American space program will always be the best in the world, and to ensure\n\t\t\t that America will always be able to preserve and protect our leadership in the\n\t\t\t exploration of outer space, the high ground of the future. Congress is hopeful\n\t\t\t that by restructuring NASA we can make the Agency less political and more\n\t\t\t professional so that visionary NASA scientists, engineers, and astronauts will\n\t\t\t continue to inspire future generations by their continuing mission: to explore\n\t\t\t strange new worlds, to seek out new life, to boldly go where no one has gone\n\t\t\t before.\n \n \n \n \n 3.\n \n \n Administrator and\n\t\t\t Deputy Administrator\n \n \n Section\n\t\t\t 20111 of title 51, United States Code, is amended—\n \n \n \n (1)\n \n \n in subsection\n\t\t\t (a)—\n \n \n \n (A)\n \n \n by striking\n \n \n \n \n Administrator.—\n \n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n There is\n\t\t\t\testablished\n \n \n \n ;\n \n \n \n \n \n (B)\n \n \n in paragraph (1),\n\t\t\t as so designated by subparagraph (A) of this paragraph, by inserting\n \n \n \n \n (C)\n \n \n by adding at the\n\t\t\t end the following new paragraph:\n \n \n \n \n (2)\n \n \n Board of\n\t\t\t\tdirectors nominations\n \n \n The\n\t\t\t\tPresident may appoint the Administrator under paragraph (1) from among the list\n\t\t\t\tof nominees provided by the Board of Directors pursuant to section\n\t\t\t\t20118(j)(2)(A).\n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n \n (2)\n \n \n in subsection\n\t\t\t (b)—\n \n \n \n (A)\n \n \n by striking\n \n \n \n \n Administrator.—\n \n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n There shall\n\t\t\t\tbe\n \n \n \n ;\n \n \n \n \n \n (B)\n \n \n in paragraph (1), as so designated by\n\t\t\t subparagraph (A) of this paragraph, by inserting\n \n \n \n \n (C)\n \n \n by adding at the\n\t\t\t end the following new paragraph:\n \n \n \n \n (2)\n \n \n Board of\n\t\t\t\tdirectors nominations\n \n \n The\n\t\t\t\tPresident may appoint the Deputy Administrator under paragraph (1) from among\n\t\t\t\tthe list of nominees provided by the Board of Directors pursuant to section\n\t\t\t\t20118(j)(2)(B).\n \n \n \n .\n \n \n \n \n \n \n \n 4.\n \n \n Board of\n\t\t\t Directors\n \n \n \n (a)\n \n \n Establishment\n \n \n Subchapter II of\n \n chapter 201\n \n of title 51,\n\t\t\t United States Code, is amended by adding at the end the following new\n\t\t\t section:\n \n \n \n \n 20118.\n \n \n Board of\n\t\t\t\tDirectors\n \n \n \n (a)\n \n \n Establishment\n \n \n There\n\t\t\t\tshall be established a Board of Directors for the National Aeronautics and\n\t\t\t\tSpace Administration in accordance with this section, not later than 9 months\n\t\t\t\tafter the date of enactment of the\n \n Space\n\t\t\t\tLeadership Preservation Act of 2013\n \n .\n \n \n \n \n (b)\n \n \n Membership and\n\t\t\t\tappointment\n \n \n The Board shall consist of 11 members to be appointed\n\t\t\t\tas follows:\n \n \n \n (1)\n \n \n 3 members shall be\n\t\t\t\tappointed by the President.\n \n \n \n \n (2)\n \n \n 3 members shall be\n\t\t\t\tappointed by the president pro tempore of the Senate.\n \n \n \n \n (3)\n \n \n 1 member shall be\n\t\t\t\tappointed by the minority leader of the Senate.\n \n \n \n \n (4)\n \n \n 3 members shall be\n\t\t\t\tappointed by the Speaker of the House of Representatives.\n \n \n \n \n (5)\n \n \n 1 member shall be appointed by the minority\n\t\t\t\tleader of the House of Representatives.\n \n \n \n In\n\t\t\t\taddition to the members appointed under paragraphs (1) through (5), the\n\t\t\t\tAdministrator shall be an ex officio, nonvoting member of the Board.\n \n \n \n \n (c)\n \n \n Qualifications\n \n \n The persons appointed as members of the\n\t\t\t\tBoard shall be—\n \n \n \n (1)\n \n \n former astronauts or scientists or\n\t\t\t\tengineers eminent in the fields of human spaceflight, planetary science, space\n\t\t\t\tscience, Earth science, and aeronautics, or other scientific, engineering,\n\t\t\t\tbusiness, and social science disciplines related to space and\n\t\t\t\taeronautics;\n \n \n \n \n (2)\n \n \n selected on the\n\t\t\t\tbasis of established records of distinguished service; and\n \n \n \n \n (3)\n \n \n so selected as to\n\t\t\t\tprovide representation of the views of engineering, science, and aerospace\n\t\t\t\tleaders in all areas of the Nation.\n \n \n \n \n \n (d)\n \n \n Limitation on\n\t\t\t\tmembers\n \n \n An individual\n\t\t\t\temployed by or representing an organization with which the Administration has a\n\t\t\t\tcontract is not eligible to serve on the Board, except for scientists employed\n\t\t\t\tby or representing colleges, universities, and other not-for-profit\n\t\t\t\torganizations. Any such scientists serving on the Board shall not directly work\n\t\t\t\ton a study, project, or program that receives funding through a grant from or\n\t\t\t\tcontract with the Administration, and shall recuse themselves from any Board\n\t\t\t\tconsideration of programs affecting their place of employment. Additionally, a\n\t\t\t\tformer Board member may not take employment with or represent an organization\n\t\t\t\twith which the Administration has a contract, or which is seeking such a\n\t\t\t\tcontract, for a period of 2 years following completion of service on the\n\t\t\t\tBoard.\n \n \n \n \n (e)\n \n \n Terms\n \n \n The\n\t\t\t\tterm of office of each member of the Board shall be 3 years, except that any\n\t\t\t\tmember appointed to fill a vacancy occurring prior to the expiration of the\n\t\t\t\tterm for which his predecessor was appointed shall be appointed for the\n\t\t\t\tremainder of such term. Any person who has been a member of the Board for 12\n\t\t\t\tconsecutive years shall thereafter be ineligible for appointment during the\n\t\t\t\t2-year period following the expiration of such 12th year.\n \n \n \n \n (f)\n \n \n Meetings\n \n \n The\n\t\t\t\tBoard shall meet quarterly and at such other times as the Chairman may\n\t\t\t\tdetermine, but the Chairman shall also call a meeting whenever one-third of the\n\t\t\t\tmembers so request in writing. The Board shall adopt procedures governing the\n\t\t\t\tconduct of its meetings, including delivery of notice and a definition of a\n\t\t\t\tquorum, which in no case shall be less than one-half plus one of the members of\n\t\t\t\tthe Board.\n \n \n \n \n (g)\n \n \n Chairman and\n\t\t\t\tVice Chairman\n \n \n The election of the Chairman and Vice Chairman of\n\t\t\t\tthe Board shall take place at each first quarter meeting occurring in an\n\t\t\t\teven-numbered year. The Vice Chairman shall perform the duties of the Chairman\n\t\t\t\tin his absence. In case a vacancy occurs in the chairmanship or vice\n\t\t\t\tchairmanship, the Board shall elect a member to fill such vacancy.\n \n \n \n \n (h)\n \n \n Staff\n \n \n The\n\t\t\t\tBoard may, with the concurrence of a majority of its members, permit the\n\t\t\t\tappointment of a staff consisting of professional staff members, technical and\n\t\t\t\tprofessional personnel on leave of absence from academic, industrial, or\n\t\t\t\tresearch institutions for a limited term, and such operations and support staff\n\t\t\t\tmembers as may be necessary. Such staff shall be appointed by the Chairman and\n\t\t\t\tassigned at the direction of the Board. The professional members and limited\n\t\t\t\tterm technical and professional personnel of such staff may be appointed\n\t\t\t\twithout regard to the provisions of title 5, United States Code, governing\n\t\t\t\tappointments in the competitive service, and the provisions of chapter 51 of\n\t\t\t\tsuch title relating to classification, and shall be compensated at a rate not\n\t\t\t\texceeding the maximum rate payable under section 5376 of such title, as may be\n\t\t\t\tnecessary to provide for the performance of such duties as may be prescribed by\n\t\t\t\tthe Board in connection with the exercise of its powers and functions under\n\t\t\t\tthis section.\n \n \n \n \n (i)\n \n \n Committees\n \n \n The\n\t\t\t\tBoard is also authorized to appoint from among its members such committees as\n\t\t\t\tit deems necessary, and to assign to committees so appointed such survey and\n\t\t\t\tadvisory functions as the Board deems appropriate to assist it in exercising\n\t\t\t\tits powers and functions under this section.\n \n \n \n \n (j)\n \n \n Functions\n \n \n \n (1)\n \n \n Budget\n\t\t\t\tproposal\n \n \n Not later than\n\t\t\t\tNovember 15 of each year, the Board shall provide to the President, and to the\n\t\t\t\tCommittee on Appropriations and the Committee on Science, Space, and Technology\n\t\t\t\tof the House of Representatives and the Committee on Appropriations and the\n\t\t\t\tCommittee on Commerce, Science, and Transportation of the Senate, a proposed\n\t\t\t\tbudget for the National Aeronautics and Space Administration for the next\n\t\t\t\tfiscal year. Such budget shall—\n \n \n \n (A)\n \n \n carry out the\n\t\t\t\tpurpose described in section 20102(h);\n \n \n \n \n (B)\n \n \n be based\n\t\t\t\ton—\n \n \n \n (i)\n \n \n the best\n\t\t\t\tprofessional judgement of the Board;\n \n \n \n \n (ii)\n \n \n recommendations from the scientific,\n\t\t\t\tengineering, and other technical experts communities; and\n \n \n \n \n (iii)\n \n \n the\n\t\t\t\trecommendations of the most recent National Research Council decadal surveys;\n\t\t\t\tand\n \n \n \n \n \n (C)\n \n \n follow such decadal surveys’ recommended\n\t\t\t\tdecision rules regarding program implementation, including a strict adherence\n\t\t\t\tto the recommendation that the National Aeronautics and Space Administration\n\t\t\t\tinclude in a balanced program a flagship class mission, which may be executed\n\t\t\t\tin cooperation with one or more international partners.\n \n \n \n \n \n (2)\n \n \n Nominees for\n\t\t\t\tAdministrator, Deputy Administrator, and Chief Financial\n\t\t\t\tOfficer\n \n \n The Board shall provide to the President—\n \n \n \n (A)\n \n \n a list of 3\n\t\t\t\tnominees from which the President may appoint an Administrator pursuant to\n\t\t\t\tsection 20111(a);\n \n \n \n \n (B)\n \n \n a list of 3 nominees from which the\n\t\t\t\tPresident may appoint a Deputy Administrator pursuant to section 20111(b)\n\t\t\t\tand\n \n \n \n \n (C)\n \n \n a list of 3 nominees from which the\n\t\t\t\tPresident may appoint a Chief Financial Officer pursuant to section 205(a) of\n\t\t\t\tthe Chief Financial Officers Act (\n \n 31 U.S.C. 901(a)\n \n ).\n \n \n \n The Board\n\t\t\t\tshall provide the first set of nominees under this paragraph not later than 15\n\t\t\t\tmonths after the date of enactment of the\n \n Space Leadership Preservation Act of\n\t\t\t\t2013\n \n .\n \n \n \n \n (3)\n \n \n Reports\n \n \n \n (A)\n \n \n Annual\n\t\t\t\tinfrastructure, capabilities, and workforce assessment\n \n \n The Board shall provide to the President\n\t\t\t\tand the Congress annually a report assessing the status of United States\n\t\t\t\tspaceflight infrastructure, unique space capabilities, and the health of the\n\t\t\t\tUnited States workforce necessary to maintain such infrastructure and\n\t\t\t\tcapabilities. The assessment shall also identify areas of concern, gaps in\n\t\t\t\tcapability compared to foreign spaceflight capabilities, and recommendations on\n\t\t\t\thow to strengthen or improve United States capabilities and workforce.\n \n \n \n \n (B)\n \n \n Specific policy\n\t\t\t\tmatter reports\n \n \n The Board\n\t\t\t\tshall provide to the President and the Congress reports on specific, individual\n\t\t\t\tpolicy matters within the authority of the Administration (or otherwise as\n\t\t\t\trequested by the Congress or the President) related to human space flight,\n\t\t\t\tplanetary science, earth science, aeronautics, and science, technology,\n\t\t\t\tengineering, and mathematics education, as the Board, the President, or the\n\t\t\t\tCongress determines the need for such reports.\n \n \n \n \n \n (4)\n \n \n Quadrennial\n\t\t\t\treview\n \n \n The Board shall\n\t\t\t\tprovide to the President and the Congress, not later than the later of 180 days\n\t\t\t\tafter the establishment of the Board or the third quarterly meeting of the\n\t\t\t\tBoard, and once every 4 years thereafter, a quadrennial review of current space\n\t\t\t\tprograms and a vision for future space exploration.\n \n \n \n \n (5)\n \n \n Removal for\n\t\t\t\tcause\n \n \n The Board may provide\n\t\t\t\tto the President and the Congress a report recommending the removal of the\n\t\t\t\tAdministrator, the Deputy Administrator, or the Chief Financial Officer for\n\t\t\t\tcause. Any such report shall include the reasons for such\n\t\t\t\trecommendation.\n \n \n \n \n \n (k)\n \n \n Budget\n\t\t\t\tmeetings\n \n \n Portions of Board meetings in which the Board considers\n\t\t\t\tthe budget proposal required under subsection (j)(1) for a particular fiscal\n\t\t\t\tyear may be closed to the public until the Board submits the proposal to the\n\t\t\t\tPresident and the Congress.\n \n \n \n \n (l)\n \n \n Financial\n\t\t\t\tdisclosure\n \n \n Members of the Board shall be required to file a\n\t\t\t\tfinancial disclosure report under title II of the Ethics in Government Act of\n\t\t\t\t1978 (5 U.S.C. App. 92 Stat. 1836), except that such reports shall be held\n\t\t\t\tconfidential and exempt from any law otherwise requiring their public\n\t\t\t\tdisclosure.\n \n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Table of\n\t\t\t sections\n \n \n The table of\n\t\t\t sections for\n \n chapter 201\n \n of title 51, United States Code, is amended by adding\n\t\t\t at the end of the items for subchapter II the following new item:\n \n \n \n \n 20118. Board of\n\t\t\t\tDirectors.\n \n \n \n .\n \n \n \n \n \n \n 5.\n \n \n Budget\n\t\t\t proposal\n \n \n Section 30103 of\n\t\t\t title 51, United States Code, is amended by adding at the end the following new\n\t\t\t subsection:\n \n \n \n \n (e)\n \n \n Board of\n\t\t\t\tDirectors proposal\n \n \n \n (1)\n \n \n Inclusion in\n\t\t\t\tPresident’s proposed budget\n \n \n The proposed budget for the Administration\n\t\t\t\tsubmitted to the Congress by the President for each fiscal year shall include a\n\t\t\t\tdescription of, and a detailed justification for, any differences between the\n\t\t\t\tPresident’s proposed budget and the budget provided by the Board of Directors\n\t\t\t\tunder section 20118(j)(1).\n \n \n \n \n (2)\n \n \n Elements of\n\t\t\t\tbudget proposal\n \n \n Subsections\n\t\t\t\t(a) through (d) of this section shall apply to the proposed budget provided by\n\t\t\t\tthe Board of Directors under section\n\t\t\t\t20118(j)(1).\n \n \n \n \n .\n \n \n \n \n \n 6.\n \n \n Long term\n\t\t\t contracting\n \n \n \n (a)\n \n \n Amendments\n \n \n \n Section 20142\n \n of title 51, United States\n\t\t\t Code, is amended—\n \n \n \n (1)\n \n \n in the section\n\t\t\t heading, by striking\n \n \n \n \n (2)\n \n \n in subsection (a),\n\t\t\t by—\n \n \n \n (A)\n \n \n striking\n \n \n \n \n (B)\n \n \n striking\n \n \n \n \n \n (3)\n \n \n in subsection (b),\n\t\t\t by striking\n \n \n \n \n \n (b)\n \n \n Table of\n\t\t\t sections amendment\n \n \n The item\n\t\t\t relating to section 20142 in the table of sections for\n \n chapter 201\n \n of title 51,\n\t\t\t United States Code, is amended to read as follows:\n \n \n \n \n 20142. Long term\n\t\t\t\tcontracting.\n \n \n \n .\n \n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 823 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Culberson (for himself, Mr. Wolf , Mr. Gene Green of Texas , Mr. Posey , and Mr. Olson ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To preserve American space leadership, and for other purposes.\n\n1. Short title This Act may be cited as the Space Leadership Preservation Act of 2013 . 2. Purpose The purpose of this Act is to ensure that the American space program will always be the best in the world, and to ensure that America will always be able to preserve and protect our leadership in the exploration of outer space, the high ground of the future. Congress is hopeful that by restructuring NASA we can make the Agency less political and more professional so that visionary NASA scientists, engineers, and astronauts will continue to inspire future generations by their continuing mission: to explore strange new worlds, to seek out new life, to boldly go where no one has gone before. 3. Administrator and Deputy Administrator Section 20111 of title 51, United States Code, is amended— (1) in subsection (a)— (A) by striking Administrator.— There is established and inserting Administrator.— (1) In general There is established ; (B) in paragraph (1), as so designated by subparagraph (A) of this paragraph, by inserting The Administrator shall serve for a term of 6 years. after and activities thereof. ; and (C) by adding at the end the following new paragraph: (2) Board of directors nominations The President may appoint the Administrator under paragraph (1) from among the list of nominees provided by the Board of Directors pursuant to section 20118(j)(2)(A). ; and (2) in subsection (b)— (A) by striking Administrator.— There shall be and inserting Administrator.— (1) In general There shall be ; (B) in paragraph (1), as so designated by subparagraph (A) of this paragraph, by inserting The Deputy Administrator shall not act for, and exercise the powers of, the Administrator for a period in excess of 45 days. After 45 days, the Associate Administrator shall exercise the powers of Administrator until a new Administrator is appointed and confirmed by the Senate. after absence or disability. ; and (C) by adding at the end the following new paragraph: (2) Board of directors nominations The President may appoint the Deputy Administrator under paragraph (1) from among the list of nominees provided by the Board of Directors pursuant to section 20118(j)(2)(B). . 4. Board of Directors (a) Establishment Subchapter II of chapter 201 of title 51, United States Code, is amended by adding at the end the following new section: 20118. Board of Directors (a) Establishment There shall be established a Board of Directors for the National Aeronautics and Space Administration in accordance with this section, not later than 9 months after the date of enactment of the Space Leadership Preservation Act of 2013 . (b) Membership and appointment The Board shall consist of 11 members to be appointed as follows: (1) 3 members shall be appointed by the President. (2) 3 members shall be appointed by the president pro tempore of the Senate. (3) 1 member shall be appointed by the minority leader of the Senate. (4) 3 members shall be appointed by the Speaker of the House of Representatives. (5) 1 member shall be appointed by the minority leader of the House of Representatives. In addition to the members appointed under paragraphs (1) through (5), the Administrator shall be an ex officio, nonvoting member of the Board. (c) Qualifications The persons appointed as members of the Board shall be— (1) former astronauts or scientists or engineers eminent in the fields of human spaceflight, planetary science, space science, Earth science, and aeronautics, or other scientific, engineering, business, and social science disciplines related to space and aeronautics; (2) selected on the basis of established records of distinguished service; and (3) so selected as to provide representation of the views of engineering, science, and aerospace leaders in all areas of the Nation. (d) Limitation on members An individual employed by or representing an organization with which the Administration has a contract is not eligible to serve on the Board, except for scientists employed by or representing colleges, universities, and other not-for-profit organizations. Any such scientists serving on the Board shall not directly work on a study, project, or program that receives funding through a grant from or contract with the Administration, and shall recuse themselves from any Board consideration of programs affecting their place of employment. Additionally, a former Board member may not take employment with or represent an organization with which the Administration has a contract, or which is seeking such a contract, for a period of 2 years following completion of service on the Board. (e) Terms The term of office of each member of the Board shall be 3 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Any person who has been a member of the Board for 12 consecutive years shall thereafter be ineligible for appointment during the 2-year period following the expiration of such 12th year. (f) Meetings The Board shall meet quarterly and at such other times as the Chairman may determine, but the Chairman shall also call a meeting whenever one-third of the members so request in writing. The Board shall adopt procedures governing the conduct of its meetings, including delivery of notice and a definition of a quorum, which in no case shall be less than one-half plus one of the members of the Board. (g) Chairman and Vice Chairman The election of the Chairman and Vice Chairman of the Board shall take place at each first quarter meeting occurring in an even-numbered year. The Vice Chairman shall perform the duties of the Chairman in his absence. In case a vacancy occurs in the chairmanship or vice chairmanship, the Board shall elect a member to fill such vacancy. (h) Staff The Board may, with the concurrence of a majority of its members, permit the appointment of a staff consisting of professional staff members, technical and professional personnel on leave of absence from academic, industrial, or research institutions for a limited term, and such operations and support staff members as may be necessary. Such staff shall be appointed by the Chairman and assigned at the direction of the Board. The professional members and limited term technical and professional personnel of such staff may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 of such title relating to classification, and shall be compensated at a rate not exceeding the maximum rate payable under section 5376 of such title, as may be necessary to provide for the performance of such duties as may be prescribed by the Board in connection with the exercise of its powers and functions under this section. (i) Committees The Board is also authorized to appoint from among its members such committees as it deems necessary, and to assign to committees so appointed such survey and advisory functions as the Board deems appropriate to assist it in exercising its powers and functions under this section. (j) Functions (1) Budget proposal Not later than November 15 of each year, the Board shall provide to the President, and to the Committee on Appropriations and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate, a proposed budget for the National Aeronautics and Space Administration for the next fiscal year. Such budget shall— (A) carry out the purpose described in section 20102(h); (B) be based on— (i) the best professional judgement of the Board; (ii) recommendations from the scientific, engineering, and other technical experts communities; and (iii) the recommendations of the most recent National Research Council decadal surveys; and (C) follow such decadal surveys’ recommended decision rules regarding program implementation, including a strict adherence to the recommendation that the National Aeronautics and Space Administration include in a balanced program a flagship class mission, which may be executed in cooperation with one or more international partners. (2) Nominees for Administrator, Deputy Administrator, and Chief Financial Officer The Board shall provide to the President— (A) a list of 3 nominees from which the President may appoint an Administrator pursuant to section 20111(a); (B) a list of 3 nominees from which the President may appoint a Deputy Administrator pursuant to section 20111(b) and (C) a list of 3 nominees from which the President may appoint a Chief Financial Officer pursuant to section 205(a) of the Chief Financial Officers Act ( 31 U.S.C. 901(a) ). The Board shall provide the first set of nominees under this paragraph not later than 15 months after the date of enactment of the Space Leadership Preservation Act of 2013 . (3) Reports (A) Annual infrastructure, capabilities, and workforce assessment The Board shall provide to the President and the Congress annually a report assessing the status of United States spaceflight infrastructure, unique space capabilities, and the health of the United States workforce necessary to maintain such infrastructure and capabilities. The assessment shall also identify areas of concern, gaps in capability compared to foreign spaceflight capabilities, and recommendations on how to strengthen or improve United States capabilities and workforce. (B) Specific policy matter reports The Board shall provide to the President and the Congress reports on specific, individual policy matters within the authority of the Administration (or otherwise as requested by the Congress or the President) related to human space flight, planetary science, earth science, aeronautics, and science, technology, engineering, and mathematics education, as the Board, the President, or the Congress determines the need for such reports. (4) Quadrennial review The Board shall provide to the President and the Congress, not later than the later of 180 days after the establishment of the Board or the third quarterly meeting of the Board, and once every 4 years thereafter, a quadrennial review of current space programs and a vision for future space exploration. (5) Removal for cause The Board may provide to the President and the Congress a report recommending the removal of the Administrator, the Deputy Administrator, or the Chief Financial Officer for cause. Any such report shall include the reasons for such recommendation. (k) Budget meetings Portions of Board meetings in which the Board considers the budget proposal required under subsection (j)(1) for a particular fiscal year may be closed to the public until the Board submits the proposal to the President and the Congress. (l) Financial disclosure Members of the Board shall be required to file a financial disclosure report under title II of the Ethics in Government Act of 1978 (5 U.S.C. App. 92 Stat. 1836), except that such reports shall be held confidential and exempt from any law otherwise requiring their public disclosure. . (b) Table of sections The table of sections for chapter 201 of title 51, United States Code, is amended by adding at the end of the items for subchapter II the following new item: 20118. Board of Directors. . 5. Budget proposal Section 30103 of title 51, United States Code, is amended by adding at the end the following new subsection: (e) Board of Directors proposal (1) Inclusion in President’s proposed budget The proposed budget for the Administration submitted to the Congress by the President for each fiscal year shall include a description of, and a detailed justification for, any differences between the President’s proposed budget and the budget provided by the Board of Directors under section 20118(j)(1). (2) Elements of budget proposal Subsections (a) through (d) of this section shall apply to the proposed budget provided by the Board of Directors under section 20118(j)(1). . 6. Long term contracting (a) Amendments Section 20142 of title 51, United States Code, is amended— (1) in the section heading, by striking Contracts regarding expendable launch vehicles and inserting Long term contracting ; (2) in subsection (a), by— (A) striking expendable launch vehicle services and inserting rocket propulsion systems and manned and unmanned space transportation vehicles and payloads, including expendable launch vehicles, and any other infrastructure intended for placement or operation in space or on celestial bodies, and services related thereto, ; and (B) striking related to launch and inserting related to ; and (3) in subsection (b), by striking launch services and inserting the goods and services to have been provided under the contract . (b) Table of sections amendment The item relating to section 20142 in the table of sections for chapter 201 of title 51, United States Code, is amended to read as follows: 20142. Long term contracting. ."}}},{"rowIdx":1552,"cells":{"tv_id":{"kind":"string","value":"113-hr-824-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-824"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":824,"string":"824"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr824ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr824ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:43.506"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 824 IH: Federal Workforce Reduction Through Attrition Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Definitions\n \n \n For purposes of this Act—\n \n \n \n (1)\n \n \n the term\n \n total number of Federal employees\n \n means the total number of\n\t\t\t Federal employees in all agencies;\n \n \n \n \n (2)\n \n \n the term\n \n Federal employee\n \n means an employee as defined by section 2105 of\n\t\t\t title 5, United States Code;\n \n \n \n \n (3)\n \n \n the term\n \n agency\n \n means an executive agency as defined by section 105 of\n\t\t\t title 5, United States Code, excluding the Government Accountability\n\t\t\t Office;\n \n \n \n \n (4)\n \n \n the term\n \n quarter\n \n means a period of 3 calendar months ending on March 31,\n\t\t\t June 30, September 30, or December 31; and\n \n \n \n \n (5)\n \n \n the term\n \n baseline quarter\n \n means the quarter in which occurs the date of the\n\t\t\t enactment of this Act.\n \n \n \n \n \n 3.\n \n \n Workforce limits\n\t\t\t and reductions\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n The President,\n\t\t\t through the Office of Management and Budget (in consultation with the Office of\n\t\t\t Personnel Management), shall take appropriate measures to ensure that,\n\t\t\t effective with respect to each quarter beginning after the date of the\n\t\t\t enactment of this Act, the total number of Federal employees determined for\n\t\t\t such quarter does not exceed the applicable maximum for such quarter.\n \n \n \n \n (b)\n \n \n Applicable\n\t\t\t maximum\n \n \n For purposes of this Act, the\n \n \n \n (1)\n \n \n in the case of a\n\t\t\t quarter before the target-attainment quarter, the number equal to—\n \n \n \n (A)\n \n \n the total number\n\t\t\t of Federal employees determined for the baseline quarter, reduced by\n \n \n \n \n (B)\n \n \n \n 2/3\n \n of the number of Federal employees separating from agencies during the\n\t\t\t period—\n \n \n \n (i)\n \n \n beginning on the\n\t\t\t first day following the baseline quarter; and\n \n \n \n \n (ii)\n \n \n ending on the\n\t\t\t last day of the quarter to which the applicable maximum is being applied;\n\t\t\t and\n \n \n \n \n \n \n (2)\n \n \n in the case of the target-attainment\n\t\t\t quarter and any subsequent quarter, the number equal to 90 percent of the total\n\t\t\t number of Federal employees as of September 30, 2012.\n \n \n \n \n \n (c)\n \n \n Target-Attainment\n\t\t\t quarter\n \n \n For purposes of this Act, the term\n \n target-attainment quarter\n \n means the earlier of—\n \n \n \n (1)\n \n \n the first quarter\n\t\t\t (subsequent to the baseline quarter) for which the total number of Federal\n\t\t\t employees does not exceed 90 percent of the total number of Federal employees\n\t\t\t as of September 30, 2012; or\n \n \n \n \n (2)\n \n \n the quarter ending\n\t\t\t on September 30, 2015.\n \n \n \n \n \n (d)\n \n \n Method for\n\t\t\t achieving compliance\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Except as provided in\n\t\t\t paragraph (2), any reductions necessary in order to achieve compliance with\n\t\t\t subsection (a) shall be made through attrition.\n \n \n \n \n (2)\n \n \n Exception\n \n \n If,\n\t\t\t for any quarter, the total number of Federal employees exceeds the applicable\n\t\t\t maximum for such quarter, then, until the first succeeding quarter for which\n\t\t\t such total number is determined not to exceed the applicable maximum for such\n\t\t\t succeeding quarter, reductions shall be made through both attrition and a\n\t\t\t freeze on appointments.\n \n \n \n \n \n (e)\n \n \n Counting\n\t\t\t rules\n \n \n For purposes of this Act—\n \n \n \n (1)\n \n \n any determination\n\t\t\t of the total number of Federal employees or the number of Federal employees\n\t\t\t separating from agencies shall be made—\n \n \n \n (A)\n \n \n on a full-time\n\t\t\t equivalent basis; and\n \n \n \n \n (B)\n \n \n under section 4;\n\t\t\t and\n \n \n \n \n \n (2)\n \n \n any determination\n\t\t\t of the total number of Federal employees for a quarter shall be made as of such\n\t\t\t date or otherwise on such basis as the Office of Management of Budget (in\n\t\t\t consultation with the Office of Personnel Management) considers to be\n\t\t\t representative and feasible.\n \n \n \n \n \n (f)\n \n \n Waiver\n\t\t\t authority\n \n \n The President may waive any of the preceding provisions\n\t\t\t of this section, with respect to an individual appointment, upon a\n\t\t\t determination by the President that such appointment is necessary due\n\t\t\t to—\n \n \n \n (1)\n \n \n a\n\t\t\t state of war or for reasons of national security; or\n \n \n \n \n (2)\n \n \n an extraordinary\n\t\t\t emergency threatening life, health, safety, or property.\n \n \n \n \n \n (g)\n \n \n Limitation on\n\t\t\t procurement of service contracts\n \n \n The President, through the Office of\n\t\t\t Management and Budget (in consultation with the Office of Personnel\n\t\t\t Management), shall take appropriate measures to ensure that there is no\n\t\t\t increase in the procurement of service contracts by reason of the enactment of\n\t\t\t this Act, except in cases in which a cost comparison demonstrates that such\n\t\t\t contracts would be to the financial advantage of the Government.\n \n \n \n \n \n 4.\n \n \n Monitoring and\n\t\t\t notification\n \n \n The Office of\n\t\t\t Management and Budget (in consultation with the Office of Personnel Management)\n\t\t\t shall—\n \n \n \n (1)\n \n \n continuously\n\t\t\t monitor all agencies and, for each quarter to which the requirements of section\n\t\t\t 3(a) apply, determine whether or not such requirements have been met;\n\t\t\t and\n \n \n \n \n (2)\n \n \n not later than 14\n\t\t\t days after the end of each quarter described in paragraph (1), submit to the\n\t\t\t President and each House of Congress, a written determination as to whether or\n\t\t\t not the requirements of section 3(a) have been met.\n \n \n \n \n \n 5.\n \n \n Regulations\n \n \n Any regulations necessary to carry out this\n\t\t\t Act may be prescribed by the President or his designee.\n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 824 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mrs. Lummis (for herself and Mr. Mulvaney ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To reduce the total number of civil service employees in the executive branch of the Government through attrition, and for other purposes.\n\n1. Short title This Act may be cited as the Federal Workforce Reduction Through Attrition Act . 2. Definitions For purposes of this Act— (1) the term total number of Federal employees means the total number of Federal employees in all agencies; (2) the term Federal employee means an employee as defined by section 2105 of title 5, United States Code; (3) the term agency means an executive agency as defined by section 105 of title 5, United States Code, excluding the Government Accountability Office; (4) the term quarter means a period of 3 calendar months ending on March 31, June 30, September 30, or December 31; and (5) the term baseline quarter means the quarter in which occurs the date of the enactment of this Act. 3. Workforce limits and reductions (a) In general The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that, effective with respect to each quarter beginning after the date of the enactment of this Act, the total number of Federal employees determined for such quarter does not exceed the applicable maximum for such quarter. (b) Applicable maximum For purposes of this Act, the applicable maximum for a quarter is— (1) in the case of a quarter before the target-attainment quarter, the number equal to— (A) the total number of Federal employees determined for the baseline quarter, reduced by (B) 2/3 of the number of Federal employees separating from agencies during the period— (i) beginning on the first day following the baseline quarter; and (ii) ending on the last day of the quarter to which the applicable maximum is being applied; and (2) in the case of the target-attainment quarter and any subsequent quarter, the number equal to 90 percent of the total number of Federal employees as of September 30, 2012. (c) Target-Attainment quarter For purposes of this Act, the term target-attainment quarter means the earlier of— (1) the first quarter (subsequent to the baseline quarter) for which the total number of Federal employees does not exceed 90 percent of the total number of Federal employees as of September 30, 2012; or (2) the quarter ending on September 30, 2015. (d) Method for achieving compliance (1) In general Except as provided in paragraph (2), any reductions necessary in order to achieve compliance with subsection (a) shall be made through attrition. (2) Exception If, for any quarter, the total number of Federal employees exceeds the applicable maximum for such quarter, then, until the first succeeding quarter for which such total number is determined not to exceed the applicable maximum for such succeeding quarter, reductions shall be made through both attrition and a freeze on appointments. (e) Counting rules For purposes of this Act— (1) any determination of the total number of Federal employees or the number of Federal employees separating from agencies shall be made— (A) on a full-time equivalent basis; and (B) under section 4; and (2) any determination of the total number of Federal employees for a quarter shall be made as of such date or otherwise on such basis as the Office of Management of Budget (in consultation with the Office of Personnel Management) considers to be representative and feasible. (f) Waiver authority The President may waive any of the preceding provisions of this section, with respect to an individual appointment, upon a determination by the President that such appointment is necessary due to— (1) a state of war or for reasons of national security; or (2) an extraordinary emergency threatening life, health, safety, or property. (g) Limitation on procurement of service contracts The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that there is no increase in the procurement of service contracts by reason of the enactment of this Act, except in cases in which a cost comparison demonstrates that such contracts would be to the financial advantage of the Government. 4. Monitoring and notification The Office of Management and Budget (in consultation with the Office of Personnel Management) shall— (1) continuously monitor all agencies and, for each quarter to which the requirements of section 3(a) apply, determine whether or not such requirements have been met; and (2) not later than 14 days after the end of each quarter described in paragraph (1), submit to the President and each House of Congress, a written determination as to whether or not the requirements of section 3(a) have been met. 5. Regulations Any regulations necessary to carry out this Act may be prescribed by the President or his designee."}}},{"rowIdx":1553,"cells":{"tv_id":{"kind":"string","value":"113-hr-825-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-825"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":825,"string":"825"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr825ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr825ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:42.549"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 825 IH: Vulnerable Veterans Housing Reform Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Exclusion from\n\t\t\t income\n \n \n Paragraph (4) of\n\t\t\t section 3(b) of the United States Housing Act of 1937 (\n \n 42 U.S.C. 1437a(b)(4)\n \n )\n\t\t\t is amended—\n \n \n \n (1)\n \n \n by striking\n \n \n \n \n (2)\n \n \n by striking\n \n \n \n \n (3)\n \n \n by inserting after\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 825 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Heck of Nevada (for himself, Mr. Ryan of Ohio , Mr. Cramer , Mrs. Capito , Ms. Brownley of California , Mrs. Kirkpatrick , Mr. Renacci , Mr. Barber , Mr. Meehan , Mr. Kilmer , Mr. Gardner , and Mr. Carney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To exclude from consideration as income under the United States Housing Act of 1937 payments of pension made under section 1521 of title 38, United States Code, to veterans who are in need of regular aid and attendance.\n\n1. Short title This Act may be cited as the Vulnerable Veterans Housing Reform Act of 2013 . 2. Exclusion from income Paragraph (4) of section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(4) ) is amended— (1) by striking and any amounts and inserting , any amounts ; (2) by striking or any deferred and inserting , any deferred ; and (3) by inserting after prospective monthly amounts the following: , and any expenses related to aid and attendance as detailed under section 1521 of title 38, United States Code ."}}},{"rowIdx":1554,"cells":{"tv_id":{"kind":"string","value":"113-hr-826-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-826"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":826,"string":"826"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr826ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr826ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:43.380"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 826 IH: Freedom to Fish Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Restricted areas at Corps of Engineers dams\n \n \n \n (a)\n \n \n In general\n \n \n The Secretary of the Army, acting through the Chief of Engineers, shall not take any action to establish a restricted area prohibiting public access to waters downstream of a dam owned by the Corps of Engineers.\n \n \n \n \n (b)\n \n \n Effective date\n \n \n \n (1)\n \n \n In general\n \n \n Subject to paragraph (2), this section shall apply to an action described in subsection (a) on or after August 1, 2012.\n \n \n \n \n (2)\n \n \n Existing restrictions\n \n \n If the Secretary of the Army, acting through the Chief of Engineers, has taken an action described in subsection (a) during the period beginning on August 1, 2012, and ending on the date of enactment of this Act, the Secretary shall—\n \n \n \n (A)\n \n \n cease implementing the restricted area resulting from the action; and\n \n \n \n \n (B)\n \n \n remove any barriers constructed in connection with the restricted area.\n \n \n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 826 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Whitfield introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To prohibit the Corps of Engineers from taking any action to establish a restricted area prohibiting public access to waters downstream of a dam, and for other purposes.\n\n1. Short title This Act may be cited as the Freedom to Fish Act of 2013 . 2. Restricted areas at Corps of Engineers dams (a) In general The Secretary of the Army, acting through the Chief of Engineers, shall not take any action to establish a restricted area prohibiting public access to waters downstream of a dam owned by the Corps of Engineers. (b) Effective date (1) In general Subject to paragraph (2), this section shall apply to an action described in subsection (a) on or after August 1, 2012. (2) Existing restrictions If the Secretary of the Army, acting through the Chief of Engineers, has taken an action described in subsection (a) during the period beginning on August 1, 2012, and ending on the date of enactment of this Act, the Secretary shall— (A) cease implementing the restricted area resulting from the action; and (B) remove any barriers constructed in connection with the restricted area."}}},{"rowIdx":1555,"cells":{"tv_id":{"kind":"string","value":"113-hr-827-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-827"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":827,"string":"827"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr827ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr827ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:42.436"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 827 IH: Improving Security for Investors and Providing Closure Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Customer payment during pending action\n \n \n \n (a)\n \n \n In general\n \n \n Section 11 of the Securities Investor Protection Act of 1970 (\n \n 15 U.S.C. 78ggg\n \n ) is amended—\n \n \n \n (1)\n \n \n by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and\n \n \n \n \n (2)\n \n \n by inserting after subsection (b) the following:\n \n \n \n \n (c)\n \n \n Customer payment during pending action\n \n \n \n (1)\n \n \n One-time payment permitted\n \n \n \n (A)\n \n \n In general\n \n \n At the time that an action is initiated under subsection (b), SIPC may choose to allow all customers of the debtor to elect to receive a one-time payment from the SIPC Fund.\n \n \n \n \n (B)\n \n \n Customer election\n \n \n If SIPC allows customers to make the election described under subparagraph (A), each customer choosing to make such election must make such election during the action brought under subsection (b), but in no case later than the 180-day period beginning on the date that SIPC chooses to allow such election.\n \n \n \n \n \n (2)\n \n \n Method of payment\n \n \n \n (A)\n \n \n In general\n \n \n To the extent practicable, one-time payments made under this subsection shall be made in the same manner as payments of net equity claims of customers of a debtor are made under the other provisions of this Act.\n \n \n \n \n (B)\n \n \n Payment amount limited to claims\n \n \n The amount paid to a customer under this subsection shall be equal to the lesser of—\n \n \n \n (i)\n \n \n the customer’s net equity claim against the debtor; and\n \n \n \n \n (ii)\n \n \n the cap set under paragraph (3).\n \n \n \n \n \n \n (3)\n \n \n Cap on one-time payments\n \n \n At the time the action is initiated under subsection (b), SIPC shall set a cap on the amount of one-time payments that can be made under this subsection, and such cap—\n \n \n \n (A)\n \n \n shall not exceed $500,000; and\n \n \n \n \n (B)\n \n \n shall apply equally to all customers of the debtor.\n \n \n \n \n \n (4)\n \n \n Effect of election\n \n \n \n (A)\n \n \n No SIPC advance\n \n \n Section 9(a) shall not apply with respect to any customer who receives a one-time payment under this subsection.\n \n \n \n \n (B)\n \n \n Subrogation\n \n \n With respect to any customer who receives a one-time payment under this subsection, SIPC shall be subrogated to all rights of such customer against the debtor once the customer recovers an amount equal to the customer’s net equity claim against the debtor.\n \n \n \n \n \n (5)\n \n \n Notice; technical assistance\n \n \n If SIPC allows customers to make the election described under paragraph (1)(A), SIPC shall—\n \n \n \n (A)\n \n \n promptly notify each customer of the debtor of their rights under this subsection; and\n \n \n \n \n (B)\n \n \n provide technical assistance to such customers to determine if they should make an election under paragraph (1)(B).\n \n \n \n \n \n (6)\n \n \n Treatment of certificates of deposit\n \n \n For purposes of this subsection, a certificate of deposit purchased by a person through an account with the debtor shall be treated as cash deposited and held by the debtor in an amount equal to the amount the person paid for the certificate of deposit, less any amounts paid to such person on the certificate of deposit.\n \n \n \n \n (7)\n \n \n Judicial review of certain SIPC determinations\n \n \n With respect to any person who is not permitted to make an election under this subsection because SIPC does not identify them as a customer of the debtor, such person may commence an action against SIPC in the appropriate United States district court to challenge the determination by SIPC that they are not a customer of the debtor.\n \n \n \n \n (8)\n \n \n Rulemaking\n \n \n SIPC may issue such regulations as may be necessary to carry out this subsection.\n \n \n \n \n (9)\n \n \n Debtor defined\n \n \n For purposes of this subsection, the term\n \n \n \n \n .\n \n \n \n \n \n \n (b)\n \n \n Application\n \n \n With respect to an ongoing action brought under section 11(b) of the Securities Investor Protection Act of 1970 (\n \n 15 U.S.C. 78ggg(b)\n \n ) before the date of the enactment of this Act, the customer election available under section 11(c) of such Act may be made during the 180-day period beginning on the date of the enactment of this Act.\n \n \n \n \n (c)\n \n \n Rule of Construction\n \n \n A person’s qualification as a customer for purposes of section 11(c) of the Securities Investor Protection Act of 1970 shall have no effect on whether such person qualifies as a customer under any other provision of such Act.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 827 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Cassidy (for himself and Mr. Deutch ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Investor Protection Act of 1970 to provide one-time payments from the SIPC Fund for customers during a pending lawsuit by the Securities and Exchange Commission against the Securities Investor Protection Corporation, and for other purposes.\n\n1. Short title This Act may be cited as the Improving Security for Investors and Providing Closure Act of 2013 or the Improving SIPC Act of 2013 . 2. Customer payment during pending action (a) In general Section 11 of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78ggg ) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Customer payment during pending action (1) One-time payment permitted (A) In general At the time that an action is initiated under subsection (b), SIPC may choose to allow all customers of the debtor to elect to receive a one-time payment from the SIPC Fund. (B) Customer election If SIPC allows customers to make the election described under subparagraph (A), each customer choosing to make such election must make such election during the action brought under subsection (b), but in no case later than the 180-day period beginning on the date that SIPC chooses to allow such election. (2) Method of payment (A) In general To the extent practicable, one-time payments made under this subsection shall be made in the same manner as payments of net equity claims of customers of a debtor are made under the other provisions of this Act. (B) Payment amount limited to claims The amount paid to a customer under this subsection shall be equal to the lesser of— (i) the customer’s net equity claim against the debtor; and (ii) the cap set under paragraph (3). (3) Cap on one-time payments At the time the action is initiated under subsection (b), SIPC shall set a cap on the amount of one-time payments that can be made under this subsection, and such cap— (A) shall not exceed $500,000; and (B) shall apply equally to all customers of the debtor. (4) Effect of election (A) No SIPC advance Section 9(a) shall not apply with respect to any customer who receives a one-time payment under this subsection. (B) Subrogation With respect to any customer who receives a one-time payment under this subsection, SIPC shall be subrogated to all rights of such customer against the debtor once the customer recovers an amount equal to the customer’s net equity claim against the debtor. (5) Notice; technical assistance If SIPC allows customers to make the election described under paragraph (1)(A), SIPC shall— (A) promptly notify each customer of the debtor of their rights under this subsection; and (B) provide technical assistance to such customers to determine if they should make an election under paragraph (1)(B). (6) Treatment of certificates of deposit For purposes of this subsection, a certificate of deposit purchased by a person through an account with the debtor shall be treated as cash deposited and held by the debtor in an amount equal to the amount the person paid for the certificate of deposit, less any amounts paid to such person on the certificate of deposit. (7) Judicial review of certain SIPC determinations With respect to any person who is not permitted to make an election under this subsection because SIPC does not identify them as a customer of the debtor, such person may commence an action against SIPC in the appropriate United States district court to challenge the determination by SIPC that they are not a customer of the debtor. (8) Rulemaking SIPC may issue such regulations as may be necessary to carry out this subsection. (9) Debtor defined For purposes of this subsection, the term debtor means the broker or dealer that is the subject of the action brought under subsection (b). . (b) Application With respect to an ongoing action brought under section 11(b) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78ggg(b) ) before the date of the enactment of this Act, the customer election available under section 11(c) of such Act may be made during the 180-day period beginning on the date of the enactment of this Act. (c) Rule of Construction A person’s qualification as a customer for purposes of section 11(c) of the Securities Investor Protection Act of 1970 shall have no effect on whether such person qualifies as a customer under any other provision of such Act."}}},{"rowIdx":1556,"cells":{"tv_id":{"kind":"string","value":"113-hr-828-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-828"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":828,"string":"828"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr828ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr828ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:42.695"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 828 IH: Decrease Spending Now Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Rescission of unobligated discretionary appropriations\n \n \n \n (a)\n \n \n In general\n \n \n Of the unobligated balances of discretionary appropriations on the date of enactment of this Act, $45,000,000,000 is rescinded.\n \n \n \n \n (b)\n \n \n Implementation\n \n \n \n (1)\n \n \n In general\n \n \n The Director of the Office of Management and Budget shall determine which appropriation accounts the rescission under subsection (a) shall apply to and the amount that each such account shall be reduced by pursuant to such rescission.\n \n \n \n \n (2)\n \n \n Report\n \n \n Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress listing the accounts reduced by the rescission in subsection (a) and the amounts rescinded from each such account.\n \n \n \n \n \n (c)\n \n \n Exceptions\n \n \n The rescission under subsection (a) shall not apply to the Department of Defense, the Department of Veterans Affairs, or the Social Security Administration.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 828 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Price of Georgia (for himself, Mr. Sessions , Mr. Bucshon , Mr. Wilson of South Carolina , Mr. Westmoreland , Mr. Pompeo , Mr. Flores , Mr. Culberson , Mr. Gohmert , Mr. Jones , and Mr. Scalise ) introduced the following bill; which was referred to the Committee on Appropriations A BILL To rescind $45 billion of unobligated discretionary appropriations, and for other purposes.\n\n1. Short title This Act may be cited as the Decrease Spending Now Act . 2. Rescission of unobligated discretionary appropriations (a) In general Of the unobligated balances of discretionary appropriations on the date of enactment of this Act, $45,000,000,000 is rescinded. (b) Implementation (1) In general The Director of the Office of Management and Budget shall determine which appropriation accounts the rescission under subsection (a) shall apply to and the amount that each such account shall be reduced by pursuant to such rescission. (2) Report Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress listing the accounts reduced by the rescission in subsection (a) and the amounts rescinded from each such account. (c) Exceptions The rescission under subsection (a) shall not apply to the Department of Defense, the Department of Veterans Affairs, or the Social Security Administration."}}},{"rowIdx":1557,"cells":{"tv_id":{"kind":"string","value":"113-hr-829-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-829"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":829,"string":"829"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr829ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr829ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:42.270"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 829 IH: To amend the Wild and Scenic Rivers Act to designate a segment of Illabot Creek in Skagit County, Washington, as a component of the National Wild and Scenic Rivers System.\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Designation of wild and\n\t\t\t scenic river segments\n \n \n Section\n\t\t\t 3(a) of the Wild and Scenic Rivers Act (\n \n 16 U.S.C. 1274(a)\n \n ) is amended by adding\n\t\t\t at the end the following:\n \n \n \n \n (__)\n \n \n Illabot creek,\n\t\t\t\twashington\n \n \n \n (A)\n \n \n The 14.3-mile\n\t\t\t\tsegment from the headwaters of Illabot Creek to the northern terminus as\n\t\t\t\tgenerally depicted on the map titled\n \n \n \n (i)\n \n \n The 4.3-mile segment from the headwaters of\n\t\t\t\tIllabot Creek to the boundary of Glacier Peak Wilderness Area as a wild\n\t\t\t\triver.\n \n \n \n \n (ii)\n \n \n The 10-mile\n\t\t\t\tsegment from the boundary of Glacier Peak Wilderness to the northern terminus\n\t\t\t\tas generally depicted on the map titled\n \n \n \n \n \n (B)\n \n \n Action required to\n\t\t\t\tbe taken under subsection (d)(1) for the river segments designated under this\n\t\t\t\tparagraph shall be completed through revision of the Skagit Wild and Scenic\n\t\t\t\tRiver comprehensive management\n\t\t\t\tplan.\n \n \n \n \n .\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 829 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Ms. DelBene (for herself and Mr. Larsen of Washington ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate a segment of Illabot Creek in Skagit County, Washington, as a component of the National Wild and Scenic Rivers System.\n\n1. Designation of wild and scenic river segments Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (__) Illabot creek, washington (A) The 14.3-mile segment from the headwaters of Illabot Creek to the northern terminus as generally depicted on the map titled Illabot Creek Proposed WSR-Northern Terminus , dated September 15, 2009, to be administered by the Secretary of Agriculture as follows: (i) The 4.3-mile segment from the headwaters of Illabot Creek to the boundary of Glacier Peak Wilderness Area as a wild river. (ii) The 10-mile segment from the boundary of Glacier Peak Wilderness to the northern terminus as generally depicted on the map titled Illabot Creek Proposed WSR-Northern Terminus , dated September 15, 2009, as a recreational river. (B) Action required to be taken under subsection (d)(1) for the river segments designated under this paragraph shall be completed through revision of the Skagit Wild and Scenic River comprehensive management plan. ."}}},{"rowIdx":1558,"cells":{"tv_id":{"kind":"string","value":"113-hr-829-rh-dtd"},"legis_id":{"kind":"string","value":"113-hr-829"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":829,"string":"829"},"legis_version":{"kind":"string","value":"rh"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr829rh.xml"},"file_name":{"kind":"string","value":"BILLS-113hr829rh.xml"},"lastmod":{"kind":"string","value":"2023-01-07 11:21:03.416"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 829 RH: To amend the Wild and Scenic Rivers Act to designate a segment of Illabot Creek in Skagit County, Washington, as a component of the National Wild and Scenic Rivers System.\n \n \n U.S. House of Representatives\n \n \n 2013-05-17\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Designation of wild and scenic river segments\n \n \n Section 3(a) of the Wild and Scenic Rivers Act (\n \n 16 U.S.C. 1274(a)\n \n ) is amended by adding at the end the following:\n \n \n \n \n (__)\n \n \n Illabot creek, washington\n \n \n \n (A)\n \n \n The 14.3-mile segment from the headwaters of Illabot Creek to the northern terminus as generally depicted on the map titled\n \n \n \n (i)\n \n \n The 4.3-mile segment from the headwaters of Illabot Creek to the boundary of Glacier Peak Wilderness Area as a wild river.\n \n \n \n \n (ii)\n \n \n The 10-mile segment from the boundary of Glacier Peak Wilderness to the northern terminus as generally depicted on the map titled\n \n \n \n \n \n (B)\n \n \n Action required to be taken under subsection (d)(1) for the river segments designated under this paragraph shall be completed through revision of the Skagit Wild and Scenic River comprehensive management plan.\n \n \n \n \n (C)\n \n \n The Secretary of Agriculture may not acquire by condemnation any land or interest in land within the boundaries of the Illabot Creek Wild and Scenic River described in subparagraph (A).\n \n \n \n \n (D)\n \n \n Nothing in this paragraph creates or authorizes the creation of a protective perimeter or buffer zone around the boundaries of the Illabot Creek Wild and Scenic River described in subparagraph (A). The fact that an activity or use can be seen or heard from within such boundaries shall not preclude the conduct of that activity or use outside such boundaries.\n \n \n \n \n (E)\n \n \n No private property or non-Federal public property shall be included within the boundaries of the Illabot Creek Wild and Scenic River described in subparagraph (A) without the written consent of the owner of such property.\n \n \n \n \n .\n \n \n \n \n \n \n May 17, 2013\n \n \n Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed\n \n \n \n"},"tv_txt":{"kind":"string","value":"IB Union Calendar No. 50 113th CONGRESS 1st Session H. R. 829 [Report No. 113–74] IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Ms. DelBene (for herself and Mr. Larsen of Washington ) introduced the following bill; which was referred to the Committee on Natural Resources May 17, 2013 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on February 26, 2013 A BILL To amend the Wild and Scenic Rivers Act to designate a segment of Illabot Creek in Skagit County, Washington, as a component of the National Wild and Scenic Rivers System.\n\n1. Designation of wild and scenic river segments Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (__) Illabot creek, washington (A) The 14.3-mile segment from the headwaters of Illabot Creek to the northern terminus as generally depicted on the map titled Illabot Creek Proposed WSR-Northern Terminus , dated September 15, 2009, to be administered by the Secretary of Agriculture as follows: (i) The 4.3-mile segment from the headwaters of Illabot Creek to the boundary of Glacier Peak Wilderness Area as a wild river. (ii) The 10-mile segment from the boundary of Glacier Peak Wilderness to the northern terminus as generally depicted on the map titled Illabot Creek Proposed WSR-Northern Terminus , dated September 15, 2009, as a recreational river. (B) Action required to be taken under subsection (d)(1) for the river segments designated under this paragraph shall be completed through revision of the Skagit Wild and Scenic River comprehensive management plan. (C) The Secretary of Agriculture may not acquire by condemnation any land or interest in land within the boundaries of the Illabot Creek Wild and Scenic River described in subparagraph (A). (D) Nothing in this paragraph creates or authorizes the creation of a protective perimeter or buffer zone around the boundaries of the Illabot Creek Wild and Scenic River described in subparagraph (A). The fact that an activity or use can be seen or heard from within such boundaries shall not preclude the conduct of that activity or use outside such boundaries. (E) No private property or non-Federal public property shall be included within the boundaries of the Illabot Creek Wild and Scenic River described in subparagraph (A) without the written consent of the owner of such property. .\n\nMay 17, 2013 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed"}}},{"rowIdx":1559,"cells":{"tv_id":{"kind":"string","value":"113-hr-830-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-830"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":830,"string":"830"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr830ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr830ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:41.924"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 830 IH: Secure America Through Verification and Enforcement Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title; table of\n\t\t\t contents\n \n \n \n (a)\n \n \n Short\n\t\t\t title\n \n \n This Act may be cited as the\n \n \n \n \n (b)\n \n \n Table of\n\t\t\t Contents\n \n \n The table of contents for this Act is as follows:\n \n \n \n Sec. 1. Short title; table of contents.\n \n \n Title I—Securing America’s International Borders\n \n \n Subtitle A—Manpower, Technology, and Infrastructure\n\t\t\t\tImprovements\n \n \n Sec. 101. Manpower.\n \n \n Sec. 102. Technology.\n \n \n Sec. 103. Infrastructure.\n \n \n Sec. 104. Aerial vehicles and surveillance systems.\n \n \n Subtitle B—Strategies and Progress Reports for Securing\n\t\t\t\tAmerica’s Borders\n \n \n Sec. 111. National strategy to secure the borders.\n \n \n Sec. 112. Accountable financing of a secure border\n\t\t\t\tinitiative.\n \n \n Subtitle C—Rapid Response Measures\n \n \n Sec. 121. Deployment of border patrol agents.\n \n \n Sec. 122. Border patrol major assets.\n \n \n Sec. 123. Electronic equipment.\n \n \n Sec. 124. Personal equipment.\n \n \n Sec. 125. Authorization of appropriations.\n \n \n Subtitle D—Border Infrastructure and Technology\n\t\t\t\tModernization\n \n \n Sec. 131. Definitions.\n \n \n Sec. 132. Expansion of commerce security programs.\n \n \n Subtitle E—Other Border Security Initiatives\n \n \n Sec. 141. Alien smuggling and terrorism prevention.\n \n \n Sec. 142. Border security on certain Federal land.\n \n \n Title II—Ending Unlawful Employment\n \n \n Subtitle A—Employee Verification\n \n \n Sec. 201. Mandatory employment authorization\n\t\t\t\tverification.\n \n \n Sec. 202. Monitoring and compliance.\n \n \n Sec. 203. Mandatory notification of SSN mismatches and multiple\n\t\t\t\tuses.\n \n \n Sec. 204. Establishment of electronic birth and death\n\t\t\t\tregistration systems.\n \n \n Sec. 205. Penalty for failure to file correct information\n\t\t\t\treturns.\n \n \n Sec. 206. Authorization of appropriations.\n \n \n Subtitle B—Nondeductibility of Wages Paid to Unauthorized\n\t\t\t\tAliens\n \n \n Sec. 211. Clarification that wages paid to unauthorized aliens\n\t\t\t\tmay not be deducted from gross income.\n \n \n Title III—Enhancing and Utilizing Current Interior Enforcement\n\t\t\t\tMethods\n \n \n Sec. 301. Increase investigative efforts.\n \n \n Sec. 302. Increased oversight of agents.\n \n \n Sec. 303. Border relief grant program.\n \n \n Sec. 304. Authorization of appropriations.\n \n \n Sec. 305. Regulations.\n \n \n Sec. 306. Rewards program.\n \n \n Sec. 307. Increased detention facilities for aliens apprehended\n\t\t\t\tfor illegal entry.\n \n \n Sec. 308. Additional Immigration Judgeships and law\n\t\t\t\tclerks.\n \n \n Sec. 309. Media campaign.\n \n \n \n \n \n <enum>\n I\n </enum>\n <header>\n Securing America’s\n\t\t\t International Borders\n </header>\n <subtitle id=\"HC07A798929634F3F84C68AE04D7BB389\">\n <enum>\n A\n </enum>\n <header>\n Manpower,\n\t\t\t Technology, and Infrastructure Improvements\n </header>\n <section id=\"H0FC706AADB40484281B6F148634DFC5C\">\n <enum>\n 101.\n </enum>\n <header>\n Manpower\n </header>\n <subsection id=\"H95BFE03D93254ED1B26D917ED61174F6\">\n <enum>\n (a)\n </enum>\n <header>\n Border patrol\n\t\t\t agents\n </header>\n <text>\n Section 5202 of the Intelligence Reform and Terrorism\n\t\t\t Prevention Act of 2004 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/108/458\">\n Public Law 108–458\n </external-xref>\n ; 118 Stat. 3734) is amended to read\n\t\t\t as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H03D11D05EBCD4E68A45F94EAB99A4603\" style=\"OLC\">\n <section id=\"HF559967377534957A3FD8B4043E3A610\">\n <enum>\n 5202.\n </enum>\n <header>\n Increase in\n\t\t\t\tfull-time border patrol agents\n </header>\n <subsection id=\"H8F20A6AF70CD4E7D8BF1AA4A169C8B03\">\n <enum>\n (a)\n </enum>\n <header>\n Annual\n\t\t\t\tincreases\n </header>\n <text>\n The Secretary of Homeland Security shall, subject to\n\t\t\t\tthe availability of appropriations for such purpose, increase the number of\n\t\t\t\tpositions for full-time active-duty Border Patrol agents within the Department\n\t\t\t\tof Homeland Security (above the number of positions for which funds were\n\t\t\t\tappropriated for the preceding fiscal year), by—\n </text>\n <paragraph id=\"HB5C6F59485324A32AB894825D8FAF83B\">\n <enum>\n (1)\n </enum>\n <text>\n 1,500 in fiscal\n\t\t\t\tyear 2014;\n </text>\n </paragraph>\n <paragraph id=\"H2F41B23E2C26452FB97A7529446557E2\">\n <enum>\n (2)\n </enum>\n <text>\n 1,000 in fiscal\n\t\t\t\tyear 2015;\n </text>\n </paragraph>\n <paragraph id=\"H2A12E71B9DCB4B45B24EE6FA55F52FE7\">\n <enum>\n (3)\n </enum>\n <text>\n 1,000 in fiscal\n\t\t\t\tyear 2016;\n </text>\n </paragraph>\n <paragraph id=\"H65AF4FF5A65C4A4481DAC01324A25635\">\n <enum>\n (4)\n </enum>\n <text>\n 1,000 in fiscal\n\t\t\t\tyear 2017; and\n </text>\n </paragraph>\n <paragraph id=\"HF5E9318E608A47599980BA87AF87967B\">\n <enum>\n (5)\n </enum>\n <text>\n 500 in fiscal year\n\t\t\t\t2018.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H3D9EC49A2ACB4725922A3206A3C9E00A\">\n <enum>\n (b)\n </enum>\n <header>\n Allocations\n </header>\n <text>\n Of\n\t\t\t\tthe Border Patrol agents hired under subsection (a), 80 percent shall be\n\t\t\t\tdeployed along the southern border of the United States and 20 percent shall be\n\t\t\t\tdeployed along the northern border of the United States.\n </text>\n </subsection>\n <subsection id=\"H25D39BC15FB04C6280BFFDF3AAA73A26\">\n <enum>\n (c)\n </enum>\n <header>\n Authorization of\n\t\t\t\tappropriations\n </header>\n <text>\n The necessary funds are authorized to be\n\t\t\t\tappropriated for each of fiscal years 2014 through 2018 to carry out this\n\t\t\t\tsection.\n </text>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H4F10BF6001164AE9BF50991989058442\">\n <enum>\n (b)\n </enum>\n <header>\n Investigative\n\t\t\t personnel\n </header>\n <paragraph id=\"H56D55EF2AC3A4B35B105C32B9A309525\">\n <enum>\n (1)\n </enum>\n <header>\n Additional\n\t\t\t investigative personnel for alien smuggling\n </header>\n <text>\n In addition to the\n\t\t\t positions authorized under section 5203 of the Intelligence Reform and\n\t\t\t Terrorism Prevention Act of 2004, as amended by paragraph (1), during each of\n\t\t\t the fiscal years 2014 through 2018, the Secretary shall, subject to the\n\t\t\t availability of appropriations, increase by not less than 350 the number of\n\t\t\t positions for personnel within the Department assigned to specifically\n\t\t\t investigate alien smuggling.\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HAB78B0F6D48949F9A62DD4E4281BB5DF\">\n <enum>\n (2)\n </enum>\n <header>\n Additional funds\n\t\t\t and personnel for the tunnel task force\n </header>\n <text display-inline=\"yes-display-inline\">\n Subject to appropriations, the fiscal year\n\t\t\t 2014 budget of the Tunnel Task Force, a joint force comprised of Immigration\n\t\t\t and Customs Enforcement (ICE), Customs and Border Patrol (CBP), and Drug\n\t\t\t Enforcement Administration (DEA) personnel tasked to pinpoint tunnels that are\n\t\t\t utilized by drug lords and\n <quote>\n coyotes\n </quote>\n to smuggle narcotics, illegal\n\t\t\t aliens, and weapons, shall be increased by 50 percent above the fiscal year\n\t\t\t 2007 budget. Such increase shall be used to increase personnel, improve\n\t\t\t communication and coordination between participant agencies, upgrade\n\t\t\t technology, and offer cash rewards and appropriate security to individuals who\n\t\t\t provide the Tunnel Task Force with accurate information on existing tunnels\n\t\t\t that breach the international borders of the United States.\n </text>\n </paragraph>\n <paragraph id=\"H7711DC5EC1A740D583095A25C8564645\">\n <enum>\n (3)\n </enum>\n <header>\n Authorization of\n\t\t\t appropriations\n </header>\n <text>\n The necessary funds are authorized to be\n\t\t\t appropriated to the Secretary for each of the fiscal years 2014 through 2018 to\n\t\t\t carry out this section.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H3C4BC34573564201A825CD1B412863C8\">\n <enum>\n (c)\n </enum>\n <header>\n Recruitment of\n\t\t\t former members of the armed forces and members of reserve components of the\n\t\t\t armed forces\n </header>\n <paragraph id=\"H284097C4101342D5ACDDA8DF0707C597\">\n <enum>\n (1)\n </enum>\n <header>\n Requirement for\n\t\t\t program\n </header>\n <text>\n The Secretary, in conjunction with the Secretary of\n\t\t\t Defense, shall establish a program to actively recruit covered members (a\n\t\t\t member of a reserve component of the Armed Forces) or former members of the\n\t\t\t Armed Forces and National Guard to serve in United States Customs and Border\n\t\t\t Protection.\n </text>\n </paragraph>\n <paragraph id=\"H5E35A20549CB41B5953DE2AA4D33F74E\">\n <enum>\n (2)\n </enum>\n <header>\n Report on\n\t\t\t recruitment incentives\n </header>\n <text>\n Not later than 90 days after the date of\n\t\t\t enactment of this Act, the Secretary and the Secretary of Defense shall jointly\n\t\t\t submit to the\n <quote>\n appropriate\n </quote>\n committees of Congress a report that\n\t\t\t shall include an assessment of the desirability and feasibility of offering an\n\t\t\t incentive to a covered member or former member of the Armed Forces for the\n\t\t\t purpose of encouraging such member to serve in United States Customs and Border\n\t\t\t Patrol and Immigration and Customs Enforcement—\n </text>\n <subparagraph id=\"HF26FE4885199482F80E7C9899AEB119B\">\n <enum>\n (A)\n </enum>\n <text>\n the Secretary must\n\t\t\t provide a description of various monetary and non-monetary incentives\n\t\t\t considered for purposes of the report; and\n </text>\n </subparagraph>\n <subparagraph id=\"HF9DC8016431943F390844C9C2718B94F\">\n <enum>\n (B)\n </enum>\n <text>\n the Secretary must\n\t\t\t provide an assessment of the desirability and feasibility of utilizing any such\n\t\t\t incentive.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HDE11DDDE55B141DC99A90C3EB57754CF\">\n <enum>\n (3)\n </enum>\n <header>\n Recommendations\n\t\t\t for recruitment incentives\n </header>\n <subparagraph id=\"H9594CD271FC14E05875557C98BBEB469\">\n <enum>\n (A)\n </enum>\n <header>\n Maximum student\n\t\t\t loan repayments for united states border patrol agents with a two-year\n\t\t\t commitment\n </header>\n <text>\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/5/5379\">\n Section 5379(b)\n </external-xref>\n of title 5, United States Code, is\n\t\t\t amended by adding at the end the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H79907FD5F06C412EB764A562A5B6DFE5\" style=\"OLC\">\n <paragraph id=\"H78A5AB2ECD0849CE8A46B8D2078A21C6\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n In the case of an employee (otherwise\n\t\t\t\teligible for benefits under this section) who is serving as a full-time\n\t\t\t\tactive-duty United States Border Patrol agent within the Department of Homeland\n\t\t\t\tSecurity—\n </text>\n <subparagraph id=\"HDB2A64AE28CB4717BD82A33865938578\">\n <enum>\n (A)\n </enum>\n <text>\n paragraph (2)(A)\n\t\t\t\tshall be applied by substituting\n <quote>\n $20,000\n </quote>\n for\n <quote>\n $10,000\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HA639C0F84AB047DB8416CF1153FDB201\">\n <enum>\n (B)\n </enum>\n <text>\n paragraph (2)(B)\n\t\t\t\tshall be applied by substituting\n <quote>\n $80,000\n </quote>\n for\n <quote>\n $60,000\n </quote>\n .\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H89B7B79611E14A6B8DF2AED8479FAB13\">\n <enum>\n (B)\n </enum>\n <header>\n Recruitment and\n\t\t\t relocation bonuses and retention allowances for personnel of the Department of\n\t\t\t Homeland Security\n </header>\n <text display-inline=\"yes-display-inline\">\n The\n\t\t\t Secretary of Homeland Security shall ensure that the authority to pay\n\t\t\t recruitment and relocation bonuses under\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/5/5753\">\n section 5753\n </external-xref>\n of title 5, United States\n\t\t\t Code, the authority to pay retention bonuses under section 5754 of such title,\n\t\t\t and any other similar authorities available under any other provision of law,\n\t\t\t rule, or regulation, are exercised to the fullest extent allowable in order to\n\t\t\t encourage service in the Department of Homeland Security.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H177E957510584834BBC0061FF0748B0D\">\n <enum>\n (4)\n </enum>\n <header>\n Definition\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n appropriate committees of\n\t\t\t Congress\n </term>\n means—\n </text>\n <subparagraph id=\"HF53B7AC2B7274BF79E3A980D99E5F6F6\">\n <enum>\n (A)\n </enum>\n <text>\n the Committee on\n\t\t\t Appropriations, the Committee on Armed Services, and the Committee on Homeland\n\t\t\t Security of the House of Representatives; and\n </text>\n </subparagraph>\n <subparagraph id=\"H516B3D97CFD84383B5E6FB73C7FA835E\">\n <enum>\n (B)\n </enum>\n <text>\n the Committee on\n\t\t\t Appropriations, the Committee on Armed Services, and the Committee on Homeland\n\t\t\t Security and Governmental Affairs of the Senate.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H6AF7846A02934BA6AF3997DC66FCE522\">\n <enum>\n 102.\n </enum>\n <header>\n Technology\n </header>\n <subsection id=\"HCFBBA4056A6849FE8CB3DF4F487B6A8B\">\n <enum>\n (a)\n </enum>\n <header>\n Equipment\n\t\t\t Sharing between Department of Homeland Security and Department of\n\t\t\t Defense\n </header>\n <text>\n The Secretaries of these two departments shall develop\n\t\t\t and implement a plan to use authorities provided to the Secretary of Defense\n\t\t\t under\n <external-xref legal-doc=\"usc-chapter\" parsable-cite=\"usc-chapter/10/18\">\n chapter 18\n </external-xref>\n of title 10, United States Code, to increase the availability\n\t\t\t and use of Department of Defense equipment, including unmanned aerial vehicles,\n\t\t\t tethered aerostat radars, and other surveillance equipment, to assist the\n\t\t\t Secretary in carrying out surveillance activities conducted at or near the\n\t\t\t international land borders of the United States to prevent illegal\n\t\t\t immigration.\n </text>\n </subsection>\n <subsection id=\"H2E0A9DC5D3544D4BAF2958D1A383763B\">\n <enum>\n (b)\n </enum>\n <header>\n Report\n </header>\n <text>\n Not\n\t\t\t later than 6 months after the date of enactment of this Act (and then annually\n\t\t\t from that point), the Secretary and the Secretary of Defense shall submit to\n\t\t\t Congress a report that contains—\n </text>\n <paragraph id=\"HDCCE44DBEAFC4362A09744E641A4B0CE\">\n <enum>\n (1)\n </enum>\n <text>\n a\n\t\t\t description of the current use of Department of Defense equipment to assist the\n\t\t\t Secretary in carrying out surveillance of the international land borders of the\n\t\t\t United States and assessment of the potential risks to citizens of the United\n\t\t\t States and key foreign policy interests associated with the use of such\n\t\t\t equipment;\n </text>\n </paragraph>\n <paragraph id=\"H96C0D891B6394BFD83B0375B2C2DE646\">\n <enum>\n (2)\n </enum>\n <text>\n the plan developed\n\t\t\t under subsection (a) to increase the use of Department of Defense equipment to\n\t\t\t assist such surveillance activities; and\n </text>\n </paragraph>\n <paragraph id=\"HAD31AE2A0AE34FFBAA1868DAAAADD180\">\n <enum>\n (3)\n </enum>\n <text>\n a\n\t\t\t description of the types of equipment and other support to be provided by the\n\t\t\t Secretary of Defense under such plan during the 1-year period beginning on the\n\t\t\t date of the submission of the report.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HA24688ADB25D4773AC95735F3A0A73F2\">\n <enum>\n (c)\n </enum>\n <header>\n Secure\n\t\t\t communication\n </header>\n <text>\n The Secretary shall, as expeditiously as\n\t\t\t practicable, develop and implement a plan to improve the use of satellite\n\t\t\t communications and other technologies to ensure clear and secure 2-way\n\t\t\t communication capabilities—\n </text>\n <paragraph id=\"H582C1B4A52CC44BEBB6DBD9F95E054CA\">\n <enum>\n (1)\n </enum>\n <text>\n among all Border\n\t\t\t Patrol agents conducting operations between ports of entry;\n </text>\n </paragraph>\n <paragraph id=\"H9D5ECBC967874B548FF1E121286E4C0F\">\n <enum>\n (2)\n </enum>\n <text>\n between Border\n\t\t\t Patrol agents and their respective Border Patrol stations; and\n </text>\n </paragraph>\n <paragraph id=\"HB7979A6AF4CF49C38D4F3B73E56EB480\">\n <enum>\n (3)\n </enum>\n <text>\n between all\n\t\t\t appropriate law enforcement agencies of the Department and State, local, and\n\t\t\t tribal law enforcement agencies.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HC03ACA4119A542C19ADFE5A39BEA674A\">\n <enum>\n (d)\n </enum>\n <header>\n Other Technology\n\t\t\t Upgrades\n </header>\n <text>\n The Secretary shall purchase and implement new\n\t\t\t technology to secure the borders, including, but not limited to drones,\n\t\t\t infrared cameras, sensors, mobile lighting units, radar and infrared\n\t\t\t heat.\n </text>\n </subsection>\n <subsection id=\"H9121B3D642964F079242F1320692E438\">\n <enum>\n (e)\n </enum>\n <header>\n Authorization of\n\t\t\t Appropriations\n </header>\n <text>\n The necessary funds are authorized to be\n\t\t\t appropriated to the Secretary for each of the fiscal years 2014 through 2018 to\n\t\t\t carry out this section.\n </text>\n </subsection>\n </section>\n <section id=\"H489E643496394267A7E36FBE675BEAE1\">\n <enum>\n 103.\n </enum>\n <header>\n Infrastructure\n </header>\n <subsection id=\"H89B0C6CA41104658BF4EFD641F808F80\">\n <enum>\n (a)\n </enum>\n <header>\n Infrastructure\n\t\t\t Improvements\n </header>\n <text>\n Subject to the availability of appropriations, the\n\t\t\t Secretary shall construct or purchase—\n </text>\n <paragraph id=\"HA820D8CB9D9E45469C49261AC97635EA\">\n <enum>\n (1)\n </enum>\n <text>\n office facilities\n\t\t\t to accommodate additional border patrol manpower;\n </text>\n </paragraph>\n <paragraph id=\"HF5B9D711273C44A08F14DA07DF408B3F\">\n <enum>\n (2)\n </enum>\n <text>\n sport utility\n\t\t\t vehicles for officers;\n </text>\n </paragraph>\n <paragraph id=\"HD062C64020224E08B826D9EC823546DE\">\n <enum>\n (3)\n </enum>\n <text>\n all-weather roads\n\t\t\t for better vehicle access and performance on remote and rugged terrain (road\n\t\t\t construction should be done in consultation with the owner of the land and take\n\t\t\t into account any environmental or other land-use issues that are\n\t\t\t relevant);\n </text>\n </paragraph>\n <paragraph id=\"H8841AE7BDB2B4006800954D0A18DDBF6\">\n <enum>\n (4)\n </enum>\n <text>\n additional fencing\n\t\t\t (and aesthetic fencing in business districts) in urban areas of the border;\n\t\t\t and\n </text>\n </paragraph>\n <paragraph id=\"H8DD157C1841148B483984B2E8F1C650C\">\n <enum>\n (5)\n </enum>\n <text display-inline=\"yes-display-inline\">\n vehicle barriers, to support, not replace,\n\t\t\t manpower, in rural and remote areas of the border necessary to achieve\n\t\t\t operational control of the international borders of the United States.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HB3856133263C49DC835788B8251BF817\">\n <enum>\n (b)\n </enum>\n <header>\n Authorization of\n\t\t\t appropriations\n </header>\n <text>\n The necessary funds are authorized to be\n\t\t\t appropriated to the Secretary for each of the fiscal years 2014 through 2018 to\n\t\t\t carry out this section.\n </text>\n </subsection>\n </section>\n <section id=\"H2F2AE77CAF4A44FA8C1043DDDD0A2E2D\">\n <enum>\n 104.\n </enum>\n <header>\n Aerial vehicles\n\t\t\t and surveillance systems\n </header>\n <subsection id=\"HB9BC598F0192486D99280D3A3A3D5FCA\">\n <enum>\n (a)\n </enum>\n <header>\n Unmanned aerial\n\t\t\t vehicle pilot program\n </header>\n <text>\n During the 1-year period beginning on the\n\t\t\t date on which the report is submitted under section 102(b), the Secretary shall\n\t\t\t conduct a pilot program to test unmanned aerial vehicles for border\n\t\t\t surveillance along the international border between Canada and the United\n\t\t\t States.\n </text>\n </subsection>\n <subsection id=\"HB7DBB2343FBE4E429DA66E771800F079\">\n <enum>\n (b)\n </enum>\n <header>\n Unmanned aerial\n\t\t\t vehicles and associated infrastructure\n </header>\n <text>\n The Secretary shall\n\t\t\t acquire and maintain unmanned aerial vehicles and related equipment for use to\n\t\t\t patrol the international borders of the United States, including equipment such\n\t\t\t as—\n </text>\n <paragraph id=\"H6ADC46913FC24215AF48FE669376C743\">\n <enum>\n (1)\n </enum>\n <text>\n additional\n\t\t\t sensors;\n </text>\n </paragraph>\n <paragraph id=\"H5A3626DFD2BE40A399C572E0C5F4E524\">\n <enum>\n (2)\n </enum>\n <text>\n satellite command\n\t\t\t and control; and\n </text>\n </paragraph>\n <paragraph id=\"H9B4B31D6D4724CA2AF5A6DEB8AE14E8A\">\n <enum>\n (3)\n </enum>\n <text>\n other necessary\n\t\t\t equipment for operational support.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HEB131BCD4F544726B8172339AF4A2B54\">\n <enum>\n (c)\n </enum>\n <header>\n Authorization of\n\t\t\t appropriations\n </header>\n <paragraph id=\"H7B4D75DE8F254D6BB7DD6CA56AFE6DA8\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n There are authorized\n\t\t\t to be appropriated to the Secretary for each of the fiscal years 2014 and 2015\n\t\t\t such sums as may be necessary to carry out subsection (b).\n </text>\n </paragraph>\n <paragraph id=\"H34B33040EB17403B823A4FED61CD8607\">\n <enum>\n (2)\n </enum>\n <header>\n Availability of\n\t\t\t funds\n </header>\n <text>\n Amounts appropriated pursuant to the authorization of\n\t\t\t appropriations in paragraph (1) are authorized to remain available until\n\t\t\t expended.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H27177E02B4C14F238BD2626C6DA55C96\">\n <enum>\n (d)\n </enum>\n <header>\n Aerial\n\t\t\t surveillance program\n </header>\n <paragraph id=\"HB384EDDF3EAE4E17BCFC08D6C8725737\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n In conjunction with the border surveillance plan\n\t\t\t developed under section 5201 of the Intelligence Reform and Terrorism\n\t\t\t Prevention Act of 2004 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/108/458\">\n Public Law 108–458\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/8/1701\">\n 8 U.S.C. 1701\n </external-xref>\n note), the Secretary,\n\t\t\t not later than 90 days after the date of enactment of this Act, shall develop\n\t\t\t and implement a program to fully integrate and utilize aerial surveillance\n\t\t\t technologies, including unmanned aerial vehicles, to enhance the security of\n\t\t\t the international border between the United States and Canada and the\n\t\t\t international border between the United States and Mexico. The goal of the\n\t\t\t program shall be to ensure continuous monitoring of each mile of each\n\t\t\t border.\n </text>\n </paragraph>\n <paragraph id=\"HFAF29F1A9ED8433BA21960BED9D2CB62\">\n <enum>\n (2)\n </enum>\n <header>\n Assessment and\n\t\t\t consultation requirements\n </header>\n <text>\n In developing the program under this\n\t\t\t subsection, the Secretary shall—\n </text>\n <subparagraph id=\"HBAD8B3E9A49546209AB2A83BF34183C7\">\n <enum>\n (A)\n </enum>\n <text>\n consider current\n\t\t\t and proposed aerial surveillance technologies;\n </text>\n </subparagraph>\n <subparagraph id=\"H1259A2F9D75B4D0088755E3CAC3EBE7D\">\n <enum>\n (B)\n </enum>\n <text>\n assess the\n\t\t\t feasibility and advisability of utilizing such technologies to address border\n\t\t\t threats, including an assessment of the technologies considered best suited to\n\t\t\t address respective threats;\n </text>\n </subparagraph>\n <subparagraph id=\"H6A7AB5ECDA734EE8A5BDCDDA2894527A\">\n <enum>\n (C)\n </enum>\n <text>\n consult with the\n\t\t\t Secretary of Defense regarding any technologies or equipment, which the\n\t\t\t Secretary may deploy along an international border of the United States;\n\t\t\t and\n </text>\n </subparagraph>\n <subparagraph id=\"HBB94EF0F96004B7992D7AE0C3FF30AF8\">\n <enum>\n (D)\n </enum>\n <text>\n consult with the\n\t\t\t Administrator of the Federal Aviation Administration regarding safety, airspace\n\t\t\t coordination and regulation, and any other issues necessary for implementation\n\t\t\t of the program.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HA29B332B92EB493787890C510E56231C\">\n <enum>\n (3)\n </enum>\n <header>\n Authorization of\n\t\t\t Appropriations\n </header>\n <text>\n The necessary funds are authorized to be\n\t\t\t appropriated to carry out this subsection.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H475182E4F4AC443F945D2D34455C5E36\">\n <enum>\n (e)\n </enum>\n <header>\n Integrated and\n\t\t\t Automated Surveillance Program\n </header>\n <paragraph id=\"H5E2DB6F156404152A5D1116239169C9D\">\n <enum>\n (1)\n </enum>\n <header>\n Requirement for\n\t\t\t program\n </header>\n <text>\n Subject to the availability of appropriations, the\n\t\t\t Secretary shall establish a program to procure additional unmanned aerial\n\t\t\t vehicles, drones, cameras, poles, sensors, satellites, radar coverage, and\n\t\t\t other technologies necessary to achieve operational control of the\n\t\t\t international borders of the United States and to establish a security\n\t\t\t perimeter known as a\n <quote>\n virtual fence\n </quote>\n along such international\n\t\t\t borders to provide a barrier to illegal immigration.\n </text>\n </paragraph>\n <paragraph id=\"H5A1A3FDBA0824E1EACA9169F7DC80735\">\n <enum>\n (2)\n </enum>\n <header>\n Program\n\t\t\t components\n </header>\n <text>\n The Secretary shall ensure, to the maximum extent\n\t\t\t feasible, that—\n </text>\n <subparagraph id=\"HB43D94F5EED74FD88D85DF403362DD75\">\n <enum>\n (A)\n </enum>\n <text>\n the technologies\n\t\t\t utilized in the Integrated and Automated Surveillance Program are integrated\n\t\t\t and function cohesively in an automated fashion, including the integration of\n\t\t\t motion sensor alerts and cameras in a manner where a sensor alert automatically\n\t\t\t activates a corresponding camera to pan and tilt in the direction of the\n\t\t\t triggered sensor;\n </text>\n </subparagraph>\n <subparagraph id=\"HB726E99C46834C66B00777EEDD7002EA\">\n <enum>\n (B)\n </enum>\n <text>\n cameras utilized\n\t\t\t in the program do not have to be manually operated;\n </text>\n </subparagraph>\n <subparagraph id=\"HD52F67F3D71F46BDBAE90C23F0F97B49\">\n <enum>\n (C)\n </enum>\n <text>\n such camera views\n\t\t\t and positions are not fixed;\n </text>\n </subparagraph>\n <subparagraph id=\"H8089CD2804F445A695FE627A39C9CCE9\">\n <enum>\n (D)\n </enum>\n <text>\n surveillance video\n\t\t\t taken by such cameras is able to be viewed at multiple designated\n\t\t\t communications centers;\n </text>\n </subparagraph>\n <subparagraph id=\"H3F5E46A0779949DAB11CBDC38D51CEB3\">\n <enum>\n (E)\n </enum>\n <text>\n a standard process\n\t\t\t is used to collect and record, catalog, and report intrusion and response data\n\t\t\t collected under the Program;\n </text>\n </subparagraph>\n <subparagraph id=\"H096D4942748D416B86FEE4F2ECE3BE85\">\n <enum>\n (F)\n </enum>\n <text>\n future remote\n\t\t\t surveillance technology investments and upgrades for the program can be\n\t\t\t integrated with existing systems;\n </text>\n </subparagraph>\n <subparagraph id=\"H241B850DA58646BABCCD16C59FE3FC11\">\n <enum>\n (G)\n </enum>\n <text>\n performance\n\t\t\t measures are developed and applied that can evaluate whether the program is\n\t\t\t providing desired results and increasing response effectiveness in monitoring\n\t\t\t and detecting illegal intrusions along the international borders of the United\n\t\t\t States;\n </text>\n </subparagraph>\n <subparagraph id=\"H13F1D2B9D8FD4A6AA440FF8CAB4B58CD\">\n <enum>\n (H)\n </enum>\n <text>\n plans are\n\t\t\t developed under the program to streamline site selection and site validation\n\t\t\t processes to minimize delays of installing surveillance technology\n\t\t\t infrastructure;\n </text>\n </subparagraph>\n <subparagraph id=\"H77C1EC3F18A44A2595AF9004183063B8\">\n <enum>\n (I)\n </enum>\n <text>\n standards are\n\t\t\t developed under the program to expand the shared use of existing private and\n\t\t\t governmental structures to install remote surveillance technology\n\t\t\t infrastructure where possible;\n </text>\n </subparagraph>\n <subparagraph id=\"HF9346EA57D494B9385375601117319CE\">\n <enum>\n (J)\n </enum>\n <text>\n standards are\n\t\t\t developed under the program to identify and deploy the use of nonpermanent or\n\t\t\t mobile surveillance platforms that will increase the Secretary’s mobility and\n\t\t\t ability to identify illegal border intrusions; and\n </text>\n </subparagraph>\n <subparagraph id=\"H97727D68F728473B83671E3E47A7ABE7\">\n <enum>\n (K)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Border Patrol agents respond to each\n\t\t\t reported intrusion that appears to involve aliens or smugglers.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H2AAA23907A194B1FB56624E7BFB3D457\">\n <enum>\n (3)\n </enum>\n <header>\n Evaluation of\n\t\t\t contractors\n </header>\n <subparagraph id=\"H2C7856A095564C3E82DF3120C472613E\">\n <enum>\n (A)\n </enum>\n <header>\n Requirement for\n\t\t\t standards\n </header>\n <text>\n The Secretary shall develop appropriate standards to\n\t\t\t evaluate the performance of any contractor providing goods or services to carry\n\t\t\t out the Integrated and Automated Surveillance Program.\n </text>\n </subparagraph>\n <subparagraph id=\"H6FBADDBCDAF64A57A03647B2360E66EA\">\n <enum>\n (B)\n </enum>\n <header>\n Review by the\n\t\t\t Comptroller General of the United States\n </header>\n <clause id=\"H786EF209E4AB48B3889CF95A01C8EE65\">\n <enum>\n (i)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n The Comptroller\n\t\t\t General of the United States shall review each new contract related to the\n\t\t\t Program and should report to Congress regarding contracts with a value of more\n\t\t\t than $5,000,000 in a timely manner, to determine whether such contract fully\n\t\t\t complies with applicable cost requirements, performance objectives, program\n\t\t\t milestones, and schedules.\n </text>\n </clause>\n <clause id=\"H4CBD01EE888C4F01B38E52F882C2E801\">\n <enum>\n (ii)\n </enum>\n <header>\n Reports\n </header>\n <text display-inline=\"yes-display-inline\">\n The Comptroller General of the United\n\t\t\t States shall report the findings of each review carried out under clause (i) to\n\t\t\t the Secretary in a timely manner.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H4426CB9B655F4B7582855030D40C25AB\">\n <enum>\n (4)\n </enum>\n <header>\n Authorization of\n\t\t\t appropriations\n </header>\n <text>\n The necessary funds are authorized to be\n\t\t\t appropriated to carry out this subsection.\n </text>\n </paragraph>\n </subsection>\n </section>\n </subtitle>\n <subtitle id=\"H6692CE363A9A43E689EBFE346FC4F2D0\">\n <enum>\n B\n </enum>\n <header>\n Strategies and\n\t\t\t Progress Reports for Securing America’s Borders\n </header>\n <section id=\"HAA3A32A4BA3948818DAFC47004399FF9\">\n <enum>\n 111.\n </enum>\n <header>\n National\n\t\t\t strategy to secure the borders\n </header>\n <subsection id=\"H0C807BFB30E0482287408A8B10F9683C\">\n <enum>\n (a)\n </enum>\n <header>\n Requirement for\n\t\t\t national strategy\n </header>\n <text>\n The Secretary, in consultation with the heads\n\t\t\t of other appropriate Federal agencies, shall develop a national strategy to\n\t\t\t secure the borders that describes actions to be carried out to achieve\n\t\t\t operational control over all ports of entry into the United States and the\n\t\t\t international land and maritime borders of the United States by December 31,\n\t\t\t 2019.\n </text>\n </subsection>\n <subsection id=\"H104E30C7F7074757BDD65525C7745400\">\n <enum>\n (b)\n </enum>\n <header>\n Content\n </header>\n <text>\n The\n\t\t\t national strategy to secure the borders shall include the following:\n </text>\n <paragraph id=\"H45E58F6D9B634B7BA14CBDD97527B9F0\">\n <enum>\n (1)\n </enum>\n <text>\n An assessment of\n\t\t\t the threats posed by terrorists and terrorist groups that may try to infiltrate\n\t\t\t the United States at locations along the international land and maritime\n\t\t\t borders of the United States.\n </text>\n </paragraph>\n <paragraph id=\"H5BFEE1D280F146A6937398581BB14DBE\">\n <enum>\n (2)\n </enum>\n <text>\n A\n\t\t\t risk assessment for all United States ports of entry and all portions of the\n\t\t\t international land and maritime borders of the United States that includes a\n\t\t\t description of activities being undertaken—\n </text>\n <subparagraph id=\"H49C7F3E848534F009CB148AB8B58105E\">\n <enum>\n (A)\n </enum>\n <text>\n to prevent the\n\t\t\t entry of terrorists, other unlawful aliens, instruments of terrorism,\n\t\t\t narcotics, and other contraband into the United States; and\n </text>\n </subparagraph>\n <subparagraph id=\"H5D6209428ECC48FAA6412EC338E3EB32\">\n <enum>\n (B)\n </enum>\n <text>\n to protect\n\t\t\t critical infrastructure at or near such ports of entry or borders.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H65026456E83C42BC8225A6742A8A2B83\">\n <enum>\n (3)\n </enum>\n <text>\n An assessment of\n\t\t\t the most appropriate, practical, and cost-effective means of defending the\n\t\t\t international land and maritime borders of the United States against threats to\n\t\t\t security and illegal transit, including intelligence capacities, technology,\n\t\t\t equipment, personnel, and training needed to address security\n\t\t\t vulnerabilities.\n </text>\n </paragraph>\n <paragraph id=\"HB56CB727CA8B4C4580C8C7DBAA097F2C\">\n <enum>\n (4)\n </enum>\n <text>\n An assessment of\n\t\t\t staffing needs for all border security functions, taking into account threat\n\t\t\t and vulnerability information pertaining to the borders and the impact of new\n\t\t\t security programs, policies, and technologies.\n </text>\n </paragraph>\n <paragraph id=\"H5C468017B6D44056B2166850F8E877C6\">\n <enum>\n (5)\n </enum>\n <text>\n A\n\t\t\t description of the border security roles and missions of Federal Government,\n\t\t\t State government, local government, and tribal authorities, and recommendations\n\t\t\t regarding actions the Secretary can carry out to improve coordination with such\n\t\t\t authorities to enable border security and enforcement activities to be carried\n\t\t\t out in a more efficient and effective manner.\n </text>\n </paragraph>\n <paragraph id=\"HED0850E5585A4CB9B1A5A1298578AC01\">\n <enum>\n (6)\n </enum>\n <text display-inline=\"yes-display-inline\">\n An assessment of existing efforts and\n\t\t\t technologies used for border security and the effect of the use of such efforts\n\t\t\t and technologies on civil rights, private property rights, privacy rights, and\n\t\t\t civil liberties, including an assessment of efforts to take into account asylum\n\t\t\t seekers, trafficking victims, unaccompanied minor aliens, refugees and other\n\t\t\t vulnerable populations, as well as the effects on Americans living in the\n\t\t\t border region and local, State, and Federal law enforcement officers working in\n\t\t\t the border region.\n </text>\n </paragraph>\n <paragraph id=\"H1012F3FC073C4C1D9D28C1E37E0FBF03\">\n <enum>\n (7)\n </enum>\n <text>\n A\n\t\t\t prioritized list of research and development objectives to enhance the security\n\t\t\t of the international land and maritime borders of the United States.\n </text>\n </paragraph>\n <paragraph id=\"HB6599C100F284983B3140D78E2E525CD\">\n <enum>\n (8)\n </enum>\n <text>\n A\n\t\t\t description of ways to ensure that the free flow of lawful travel and commerce\n\t\t\t is not unreasonably diminished by efforts, activities, and programs aimed at\n\t\t\t securing the international land and maritime borders of the United\n\t\t\t States.\n </text>\n </paragraph>\n <paragraph id=\"H7D94C173BDC641568E51D57A9587A889\">\n <enum>\n (9)\n </enum>\n <text>\n An assessment of\n\t\t\t additional detention facilities and beds that are needed to detain unlawful\n\t\t\t aliens apprehended at United States ports of entry or along the international\n\t\t\t land borders of the United States.\n </text>\n </paragraph>\n <paragraph id=\"HE8E52DC6BC934B2E8AB8B09F379871F5\">\n <enum>\n (10)\n </enum>\n <text>\n A description of\n\t\t\t the performance metrics to be used to ensure accountability by the bureaus of\n\t\t\t the Department in implementing such strategy.\n </text>\n </paragraph>\n <paragraph id=\"H8EDAA188FF5740FB9DF281F585F5039E\">\n <enum>\n (11)\n </enum>\n <text>\n A schedule for\n\t\t\t the implementation of the security measures described in said strategy,\n\t\t\t including a prioritization of security measures, realistic deadlines for\n\t\t\t addressing the security and enforcement needs, an estimate of the resources\n\t\t\t needed to carry out such measures, and a description of how such resources\n\t\t\t should be allocated.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H746D86D0B8014DCA82A260DEFA0D4E25\">\n <enum>\n (c)\n </enum>\n <header>\n Consultation\n </header>\n <text>\n In\n\t\t\t developing the national strategy for border security, the Secretary shall\n\t\t\t consult with representatives of—\n </text>\n <paragraph id=\"H3A4DD89FD1AC46C98AC5AFE5555C1BDF\">\n <enum>\n (1)\n </enum>\n <text>\n State, local, and\n\t\t\t tribal governmental authorities with responsibility for locations along the\n\t\t\t international land and maritime borders of the United States; and\n </text>\n </paragraph>\n <paragraph id=\"H2B49525D009E4EA8BA97E0D3E848587B\">\n <enum>\n (2)\n </enum>\n <text>\n appropriate\n\t\t\t private sector entities, nongovernmental organizations, and affected\n\t\t\t communities that have expertise in areas related to border security.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H3EC3023F68B048C6BA54C6B9EC92650B\">\n <enum>\n (d)\n </enum>\n <header>\n Coordination\n </header>\n <text>\n The\n\t\t\t national strategy for border security shall be consistent with the National\n\t\t\t Strategy for Maritime Security developed pursuant to Homeland Security\n\t\t\t Presidential Directive 13, dated December 21, 2004.\n </text>\n </subsection>\n <subsection id=\"H20504118A1EE46ADBAC5448915D6E4E3\">\n <enum>\n (e)\n </enum>\n <header>\n Submission to\n\t\t\t Congress\n </header>\n <paragraph id=\"H4E639C689D5A472D9BD4EF183204B2D8\">\n <enum>\n (1)\n </enum>\n <header>\n Strategy\n </header>\n <text>\n Not\n\t\t\t later than December 31, 2014, the Secretary shall submit to Congress the\n\t\t\t national strategy for border security.\n </text>\n </paragraph>\n <paragraph id=\"H6675D3438EA949B8BDB96C01C9129073\">\n <enum>\n (2)\n </enum>\n <header>\n Updates\n </header>\n <text>\n The\n\t\t\t Secretary shall submit to Congress any update of such strategy that the\n\t\t\t Secretary determines is necessary, not later than 30 days after such update is\n\t\t\t developed.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HB9F45516DC3644279C87675A7C80916A\">\n <enum>\n (f)\n </enum>\n <header>\n Immediate\n\t\t\t Action\n </header>\n <text>\n Nothing in this section may be construed to relieve the\n\t\t\t Secretary of the responsibility to take all actions necessary and appropriate\n\t\t\t to achieve and maintain operational control over the entire international land\n\t\t\t and maritime borders of the United States.\n </text>\n </subsection>\n </section>\n <section id=\"H0E19AC2DB46143E29F0CE57B96418982\">\n <enum>\n 112.\n </enum>\n <header>\n Accountable\n\t\t\t financing of a secure border initiative\n </header>\n <subsection id=\"H24A8BCFEA24949AD8EDBBA566D8528B2\">\n <enum>\n (a)\n </enum>\n <header>\n Comptroller\n\t\t\t General of the United States\n </header>\n <paragraph id=\"HF7C84721BC7F4011BBE2A83A4B896EB8\">\n <enum>\n (1)\n </enum>\n <header>\n Action\n </header>\n <text display-inline=\"yes-display-inline\">\n If the Comptroller General of the United\n\t\t\t States becomes aware of any improper conduct or wrongdoing in the course of\n\t\t\t conducting a contract review under the Secure Border Initiative, the\n\t\t\t Comptroller General of the United States shall, as expeditiously as\n\t\t\t practicable, refer information relating to such improper conduct or wrongdoing\n\t\t\t to Congress and to the Secretary of Homeland Security, or to another\n\t\t\t appropriate official of the Department of Homeland Security, who shall\n\t\t\t determine whether to temporarily suspend the contractor from further\n\t\t\t participation in the Secure Border Initiative or make said contract null and\n\t\t\t void.\n </text>\n </paragraph>\n <paragraph id=\"HC2181A4E02534DD09F0BF072917FE25C\">\n <enum>\n (2)\n </enum>\n <header>\n Report\n </header>\n <text display-inline=\"yes-display-inline\">\n Upon the completion of each review\n\t\t\t described in paragraph (1), the Comptroller General of the United States shall\n\t\t\t submit to Congress and to the Secretary a report containing the findings of the\n\t\t\t review, including findings regarding—\n </text>\n <subparagraph id=\"H20105ED0F72A49ADB6568DA6378F4B22\">\n <enum>\n (A)\n </enum>\n <text>\n cost\n\t\t\t overruns;\n </text>\n </subparagraph>\n <subparagraph id=\"H9C51061D957D4C3493043082A37C9E92\">\n <enum>\n (B)\n </enum>\n <text>\n significant delays\n\t\t\t in contract execution;\n </text>\n </subparagraph>\n <subparagraph id=\"H15F027243C29433995C84F4BFD94B5BA\">\n <enum>\n (C)\n </enum>\n <text>\n lack of rigorous\n\t\t\t departmental contract management;\n </text>\n </subparagraph>\n <subparagraph id=\"H9151744F133346D09E96A47740253FC7\">\n <enum>\n (D)\n </enum>\n <text>\n insufficient\n\t\t\t departmental financial oversight;\n </text>\n </subparagraph>\n <subparagraph id=\"H4D08C9D765674647B8D8593C35370076\">\n <enum>\n (E)\n </enum>\n <text>\n bundling that\n\t\t\t limits the ability of small businesses to compete; or\n </text>\n </subparagraph>\n <subparagraph id=\"HAE4F2537AB734CE5A9CB91DD3850D6E2\">\n <enum>\n (F)\n </enum>\n <text>\n other high-risk\n\t\t\t business practices.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H02AD18CD394748358D8DB723E2F388A0\">\n <enum>\n (b)\n </enum>\n <header>\n Reports by the\n\t\t\t Secretary\n </header>\n <paragraph id=\"H2EB6E371BB8A4444ADA8909DD3654A56\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n Not later than 30 days after the receipt of each report\n\t\t\t required under subsection (a)(2), the Secretary shall submit a report to the\n\t\t\t Committee on the Judiciary and the Committee on Homeland Security of the House\n\t\t\t of Representatives and the Committee on the Judiciary and the Committee on\n\t\t\t Homeland Security and Governmental Affairs of the Senate, that describes the\n\t\t\t steps the Secretary has taken, or plans to take, to address the problems\n\t\t\t identified in such report.\n </text>\n </paragraph>\n <paragraph id=\"H71730B7C26DE4D15A2332C131E7F6686\">\n <enum>\n (2)\n </enum>\n <header>\n Contracts with\n\t\t\t foreign companies\n </header>\n <text>\n Not later than 60 days after the initiation of\n\t\t\t each contract action with a company whose headquarters are not based in the\n\t\t\t United States, the Secretary shall submit a report to the Committee on the\n\t\t\t Judiciary of the Senate and the Committee on the Judiciary of the House of\n\t\t\t Representatives, regarding the Secure Border Initiative.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H45113A6BEF4A46449A37BF8D8A6EFA51\">\n <enum>\n (c)\n </enum>\n <header>\n Reports on\n\t\t\t United States Ports\n </header>\n <text>\n Not later than 60 days after receiving\n\t\t\t information regarding a proposed purchase of a contract to manage the\n\t\t\t operations of a United States port by a foreign entity, the Secretary of\n\t\t\t Homeland Security shall submit a report to Congress that describes—\n </text>\n <paragraph id=\"HF128B0804A3A4491B4CF983CFE822DA3\">\n <enum>\n (1)\n </enum>\n <text>\n the proposed\n\t\t\t purchase;\n </text>\n </paragraph>\n <paragraph id=\"HE71D5740F8C84101B919E83B1B60C8F2\">\n <enum>\n (2)\n </enum>\n <text>\n any security\n\t\t\t concerns related to the proposed purchase; and\n </text>\n </paragraph>\n <paragraph id=\"H5B7C7E72D906437CBCF67DFE8D8F1872\">\n <enum>\n (3)\n </enum>\n <text>\n the manner in\n\t\t\t which such security concerns have been addressed.\n </text>\n </paragraph>\n </subsection>\n </section>\n </subtitle>\n <subtitle id=\"HCBE85F2790E74E17B63A7A8E3C2491AB\">\n <enum>\n C\n </enum>\n <header>\n Rapid Response\n\t\t\t Measures\n </header>\n <section id=\"H23858A6373BA48ADB37E863C5535DF80\">\n <enum>\n 121.\n </enum>\n <header>\n Deployment of\n\t\t\t border patrol agents\n </header>\n <subsection id=\"H637011D9C40B4DA5AED89AD0E5E2D7FD\">\n <enum>\n (a)\n </enum>\n <header>\n Emergency\n\t\t\t Deployment of Border Patrol Agents\n </header>\n <paragraph id=\"HAFB969EBC18B40EF9D66DD930B0C7057\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n If the Governor of a State on an international border of\n\t\t\t the United States declares an international border security emergency and\n\t\t\t requests additional agents of the Border Patrol (referred to in this subtitle\n\t\t\t as\n <quote>\n agents\n </quote>\n ) from the Secretary, the Secretary, subject to\n\t\t\t paragraphs (2) and (3), may provide the State with not more than 1,000\n\t\t\t additional agents for the purpose of patrolling and defending the international\n\t\t\t border, in order to prevent individuals from crossing the international border\n\t\t\t into the United States at any location other than an authorized port of\n\t\t\t entry.\n </text>\n </paragraph>\n <paragraph id=\"HD12370A058D14E8EA39E92872FA4BA88\">\n <enum>\n (2)\n </enum>\n <header>\n Consultation\n </header>\n <text>\n Upon\n\t\t\t receiving a request for agents under paragraph (1), the Secretary, after\n\t\t\t consultation with the President, shall grant such request to the extent that\n\t\t\t providing such agents will not significantly impair the Department’s ability to\n\t\t\t provide border security for any other State.\n </text>\n </paragraph>\n <paragraph id=\"H5C94DB3AA5204135B9C5214005C49CCA\">\n <enum>\n (3)\n </enum>\n <header>\n Collective\n\t\t\t bargaining\n </header>\n <text>\n Emergency deployments under this subsection shall be\n\t\t\t made in accordance with all applicable collective bargaining agreements and\n\t\t\t obligations under current law.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H719AE38B00B3420B9C970DA5AA0B28AF\">\n <enum>\n (b)\n </enum>\n <header>\n Flexible\n\t\t\t Deployment of Border Patrol Agents\n </header>\n <text>\n The Secretary shall ensure\n\t\t\t that agents are not precluded from performing patrol duties and apprehending\n\t\t\t violators of law, except in unusual circumstances if the temporary use of fixed\n\t\t\t deployment positions is necessary.\n </text>\n </subsection>\n </section>\n <section id=\"H60F4A3ADD2874B258837D3CB15D2AB82\">\n <enum>\n 122.\n </enum>\n <header>\n Border patrol\n\t\t\t major assets\n </header>\n <subsection id=\"H47C6739ED9C0464BBB44A5B9EE213FCA\">\n <enum>\n (a)\n </enum>\n <header>\n Control of\n\t\t\t Department of Homeland Security Assets\n </header>\n <text>\n The Department of Homeland\n\t\t\t Security shall have exclusive administrative and operational control over all\n\t\t\t the assets utilized in carrying out its mission, including aircraft,\n\t\t\t watercraft, vehicles, detention space, transportation, and all of the personnel\n\t\t\t associated with such assets.\n </text>\n </subsection>\n <subsection id=\"HB1F1435BEC434F59A2581B2D6646F874\">\n <enum>\n (b)\n </enum>\n <header>\n Helicopters and\n\t\t\t Power Boats\n </header>\n <paragraph id=\"H86406BA7AB724EE8AB8AE0A58D3622F7\">\n <enum>\n (1)\n </enum>\n <header>\n Helicopters\n </header>\n <text display-inline=\"yes-display-inline\">\n The Secretary shall increase the number of\n\t\t\t helicopters under the control of the Border Patrol and Immigration and Customs\n\t\t\t Enforcement (ICE). The Secretary shall ensure that appropriate types and\n\t\t\t quantities of helicopters are procured for the various missions being\n\t\t\t performed.\n </text>\n </paragraph>\n <paragraph id=\"H2885ECA7BEF74601A394E4076FBBCB2F\">\n <enum>\n (2)\n </enum>\n <header>\n Power\n\t\t\t boats\n </header>\n <text>\n The Secretary shall increase the number of power boats\n\t\t\t under the control of the Border Patrol. The Secretary shall ensure that the\n\t\t\t types of power boats that are procured are appropriate for both the waterways\n\t\t\t in which they are used and the mission requirements.\n </text>\n </paragraph>\n <paragraph id=\"HE5E2A17BEA694FA095D9A6AD8F58AFD1\">\n <enum>\n (3)\n </enum>\n <header>\n Use and\n\t\t\t training\n </header>\n <text>\n The Secretary shall—\n </text>\n <subparagraph id=\"H897F0CF1E326469CADC13A802BC0AF8B\">\n <enum>\n (A)\n </enum>\n <text>\n establish an\n\t\t\t overall policy on how the helicopters and power boats procured under this\n\t\t\t subsection will be used; and\n </text>\n </subparagraph>\n <subparagraph id=\"H7CAF6C04B9D34083B096064DF47A4B88\">\n <enum>\n (B)\n </enum>\n <text>\n implement training\n\t\t\t programs for the agents who use such assets, including safe operating\n\t\t\t procedures and rescue operations.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"HC94000E9A7A64340975CE3D86C413B90\">\n <enum>\n (c)\n </enum>\n <header>\n Motor\n\t\t\t Vehicles\n </header>\n <paragraph id=\"HAB851F886B59410A8925AEFFE76E73F4\">\n <enum>\n (1)\n </enum>\n <header>\n Quantity\n </header>\n <text>\n The\n\t\t\t Secretary shall establish a fleet of motor vehicles appropriate for use by the\n\t\t\t Border Patrol that will permit a ratio of not less than 1 police-type vehicle\n\t\t\t for every 4 agents with safety glass and other protections. The Secretary shall\n\t\t\t ensure that there are sufficient numbers and types of other motor vehicles to\n\t\t\t support the mission of the Border Patrol.\n </text>\n </paragraph>\n <paragraph id=\"H81A7F7025E8D415A88E3E6DBFD3A73CF\">\n <enum>\n (2)\n </enum>\n <header>\n Features\n </header>\n <text>\n All\n\t\t\t motor vehicles purchased for the Border Patrol shall—\n </text>\n <subparagraph id=\"HCB708CEFDEA94798A6B2FD6994AD23B0\">\n <enum>\n (A)\n </enum>\n <text>\n be appropriate for\n\t\t\t the mission of the Border Patrol; and\n </text>\n </subparagraph>\n <subparagraph id=\"HE571B1466F3446E093B8B97B7BD0A44F\">\n <enum>\n (B)\n </enum>\n <text>\n have a panic\n\t\t\t button and a global positioning system device that is activated solely in\n\t\t\t emergency situations to track the location of agents in distress.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n </section>\n <section id=\"HD00F979B19E1483E9886A4628AD423C8\">\n <enum>\n 123.\n </enum>\n <header>\n Electronic\n\t\t\t equipment\n </header>\n <subsection id=\"H694D6FA4EB6E4FEB9BDF80C6AB1729BA\">\n <enum>\n (a)\n </enum>\n <header>\n Portable\n\t\t\t Computers\n </header>\n <text>\n The Secretary shall ensure that each police-type motor\n\t\t\t vehicle in the fleet of the Border Patrol is equipped with a portable computer\n\t\t\t with access to all necessary law enforcement databases and otherwise suited to\n\t\t\t the unique operational requirements of the Border Patrol.\n </text>\n </subsection>\n <subsection id=\"H471AF45A72C7480A9695847453C83C8E\">\n <enum>\n (b)\n </enum>\n <header>\n Radio\n\t\t\t Equipment\n </header>\n <text display-inline=\"yes-display-inline\">\n The Secretary shall\n\t\t\t augment the existing radio communications system so that all law enforcement\n\t\t\t personnel, including Immigration and Customs Enforcement, working in each area\n\t\t\t where Border Patrol operations are conducted have clear and encrypted 2-way\n\t\t\t radio communication capabilities at all times. Each portable communications\n\t\t\t device shall be equipped with a panic button and a global positioning system\n\t\t\t device that is activated solely in emergency situations to track the location\n\t\t\t of agents in distress.\n </text>\n </subsection>\n <subsection id=\"H6DFB14C1D4194A79BF3EBDF570A86F0F\">\n <enum>\n (c)\n </enum>\n <header>\n Handheld Global\n\t\t\t Positioning System Devices\n </header>\n <text>\n The Secretary shall ensure that Border\n\t\t\t Patrol agents are issued a state-of-the-art handheld global positioning system\n\t\t\t device for navigational purposes.\n </text>\n </subsection>\n <subsection id=\"H55DEC276FC81403FACECB87DEE9F63E2\">\n <enum>\n (d)\n </enum>\n <header>\n Night Vision\n\t\t\t Equipment\n </header>\n <text>\n The Secretary shall ensure that sufficient quantities\n\t\t\t of state-of-the-art night vision equipment are procured and maintained to\n\t\t\t enable each Border Patrol agent working during the hours of darkness to be\n\t\t\t equipped with a portable night vision device.\n </text>\n </subsection>\n </section>\n <section id=\"H2AE1DC823DB0426BA4AD1D6EA48DED87\">\n <enum>\n 124.\n </enum>\n <header>\n Personal\n\t\t\t equipment\n </header>\n <subsection id=\"HA1D34C3B568146CBBB48315BA5C96C1D\">\n <enum>\n (a)\n </enum>\n <header>\n Body\n\t\t\t Armor\n </header>\n <text>\n The Secretary shall ensure that every agent on duty is\n\t\t\t issued high-quality body armor that is appropriate for the climate and risks\n\t\t\t faced by the agent. Enough body armor must be purchased to cover every agent in\n\t\t\t the field.\n </text>\n </subsection>\n <subsection id=\"H45F33DCB19FC4B4EAE1AA24C228082F9\">\n <enum>\n (b)\n </enum>\n <header>\n Weapons\n </header>\n <text display-inline=\"yes-display-inline\">\n The Secretary shall ensure that agents are\n\t\t\t equipped with weapons that are reliable and effective to protect themselves,\n\t\t\t their fellow agents, and innocent third parties from the threats posed by armed\n\t\t\t criminals. The Secretary shall ensure that the policies of the Department\n\t\t\t authorize all agents to carry weapons that are suited to the potential threats\n\t\t\t that they face, and that all agents receive appropriate training in the use of\n\t\t\t such weapons.\n </text>\n </subsection>\n <subsection id=\"H04BD0376FCB943379403EB0F897553E8\">\n <enum>\n (c)\n </enum>\n <header>\n Uniforms\n </header>\n <text>\n The\n\t\t\t Secretary shall ensure that all agents are provided with all necessary uniform\n\t\t\t items, including outerwear suited to the climate, footwear, belts, holsters,\n\t\t\t and personal protective equipment, at no cost to such agents. Such items shall\n\t\t\t be replaced at no cost to such agents as such items become worn or\n\t\t\t unserviceable or no longer fit properly.\n </text>\n </subsection>\n </section>\n <section id=\"HD1F9B838973F4F2A994488E7134C2F5B\">\n <enum>\n 125.\n </enum>\n <header>\n Authorization\n\t\t\t of appropriations\n </header>\n <text display-inline=\"no-display-inline\">\n There are\n\t\t\t authorized to be appropriated to the Secretary such sums as may be necessary\n\t\t\t for each of the fiscal years 2014 through 2018 to carry out this\n\t\t\t subtitle.\n </text>\n </section>\n </subtitle>\n <subtitle id=\"HB855F818236348DBAAE55258F9756A5D\">\n <enum>\n D\n </enum>\n <header>\n Border\n\t\t\t Infrastructure and Technology Modernization\n </header>\n <section id=\"HBA09B2C12A3341B2AB372D22F2DDE4AA\">\n <enum>\n 131.\n </enum>\n <header>\n Definitions\n </header>\n <text display-inline=\"no-display-inline\">\n In this subtitle:\n </text>\n <paragraph id=\"HC9EA025E13C44F279595964303CA4FB8\">\n <enum>\n (1)\n </enum>\n <header>\n Commissioner\n </header>\n <text>\n The\n\t\t\t term\n <term>\n Commissioner\n </term>\n means the Commissioner of United States Customs\n\t\t\t and Border Protection.\n </text>\n </paragraph>\n <paragraph id=\"HD5AAD6E4B1154740903DE66F74BE7FBE\">\n <enum>\n (2)\n </enum>\n <header>\n Northern\n\t\t\t border\n </header>\n <text>\n The term\n <term>\n northern border\n </term>\n means the\n\t\t\t international border between the United States and Canada.\n </text>\n </paragraph>\n <paragraph id=\"HC1DFB1427CDE42FBBF8CE08B1CA39F2F\">\n <enum>\n (3)\n </enum>\n <header>\n Southern\n\t\t\t border\n </header>\n <text>\n The term\n <term>\n southern border\n </term>\n means the\n\t\t\t international border between the United States and Mexico.\n </text>\n </paragraph>\n </section>\n <section id=\"HDA62D1F917164480AEAC9DE3310A4424\">\n <enum>\n 132.\n </enum>\n <header>\n Expansion of\n\t\t\t commerce security programs\n </header>\n <subsection id=\"HA5AA57ECAEB5468485AB68A1D89FB771\">\n <enum>\n (a)\n </enum>\n <header>\n Customs-Trade\n\t\t\t Partnership Against Terrorism\n </header>\n <paragraph id=\"H9621D18AC16F427BB4DCA37EFFB00C01\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n Not later than 180 days after the date of enactment of\n\t\t\t this Act, the Commissioner, in consultation with the Secretary, shall develop a\n\t\t\t plan to expand the programs of the Customs-Trade Partnership Against Terrorism\n\t\t\t established pursuant to section 211 of the SAFE Port Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/6/961\">\n 6 U.S.C. 961\n </external-xref>\n ),\n\t\t\t including adding additional personnel for such programs, along the northern\n\t\t\t border and southern border, including the following programs:\n </text>\n <subparagraph id=\"H76E99615FDFF4AFDBF3B2EC7999DEE9B\">\n <enum>\n (A)\n </enum>\n <text>\n The Business\n\t\t\t Anti-Smuggling Coalition.\n </text>\n </subparagraph>\n <subparagraph id=\"H3331881BB47548E093E4F7B7BB36DA3C\">\n <enum>\n (B)\n </enum>\n <text>\n The Carrier\n\t\t\t Initiative Program.\n </text>\n </subparagraph>\n <subparagraph id=\"H8213ED2BBC154C359E48EFF0C042C59C\">\n <enum>\n (C)\n </enum>\n <text>\n The Americas\n\t\t\t Counter Smuggling Initiative.\n </text>\n </subparagraph>\n <subparagraph id=\"HC85B68AC6FC342DE810EFC769D446EDF\">\n <enum>\n (D)\n </enum>\n <text>\n The Container\n\t\t\t Security Initiative established pursuant to section 205 of the SAFE Port Act (6\n\t\t\t U.S.C. 945).\n </text>\n </subparagraph>\n <subparagraph id=\"HFC496D9631C04D2BA8227DE76FBADAD0\">\n <enum>\n (E)\n </enum>\n <text>\n The Free and\n\t\t\t Secure Trade Initiative.\n </text>\n </subparagraph>\n <subparagraph id=\"H98BFDF9AE4834230A31DC408B5E33C9B\">\n <enum>\n (F)\n </enum>\n <text>\n Other industry\n\t\t\t partnership programs administered by the Commissioner.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H3A26AB29C91A45ADB3AE23885D7A5179\">\n <enum>\n (b)\n </enum>\n <header>\n Demonstration\n\t\t\t Program\n </header>\n <text>\n Not later than 180 days after the date of enactment of\n\t\t\t this Act, the Commissioner shall establish a demonstration program to develop a\n\t\t\t cooperative trade security system to improve supply chain security.\n </text>\n </subsection>\n </section>\n </subtitle>\n <subtitle id=\"HBB34C1EAF72042D3B53D218F64CB3A53\">\n <enum>\n E\n </enum>\n <header>\n Other Border\n\t\t\t Security Initiatives\n </header>\n <section id=\"H78D47A619E2B48399C8191E4C57D63BA\">\n <enum>\n 141.\n </enum>\n <header>\n Alien smuggling\n\t\t\t and terrorism prevention\n </header>\n <subsection id=\"H72568F980AB343DC9CF532CC01DA56BB\">\n <enum>\n (a)\n </enum>\n <header>\n Checks against\n\t\t\t terrorist watchlist\n </header>\n <text display-inline=\"yes-display-inline\">\n The\n\t\t\t Secretary of Homeland Security shall, to the extent practicable, check against\n\t\t\t all available terrorist watchlists those persons suspected of alien smuggling\n\t\t\t and smuggled individuals who are interdicted at the land, air, and sea borders\n\t\t\t of the United States.\n </text>\n </subsection>\n <subsection id=\"H7C098301A24A4A06A51DF04C97B0FB23\">\n <enum>\n (b)\n </enum>\n <header>\n Strengthening\n\t\t\t prosecution and punishment of alien smugglers\n </header>\n <text>\n Section 274(a) of\n\t\t\t the Immigration and Nationality Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/8/1324\">\n 8 U.S.C. 1324(a)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H59A04F5C321D4793B9D1149C3BECF77F\">\n <enum>\n (1)\n </enum>\n <text>\n by amending the\n\t\t\t subsection heading to read as follows:\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n Bringing In, Harboring, and Smuggling of\n\t\t\t Unlawful and Terrorist Aliens.—\n </header-in-text>\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H716F889C79D64413ADC3E88E025B2D4A\">\n <enum>\n (2)\n </enum>\n <text>\n by amending\n\t\t\t paragraphs (1) through (2) to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HAD7E6802349E4F63AC71BBA716A45584\" style=\"OLC\">\n <paragraph id=\"HB06772CB6FE04D7B92C2064949276CA4\" indent=\"up1\">\n <enum>\n (1)\n </enum>\n <subparagraph commented=\"no\" display-inline=\"yes-display-inline\" id=\"H5B6377B3EB974A52B7C0CF0CC60772A0\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Whoever, knowing or in reckless disregard\n\t\t\t\tof the fact that an individual is an alien who lacks lawful authority to come\n\t\t\t\tto, enter, or reside in the United States, knowingly—\n </text>\n <clause id=\"H1B055182F8414CF28DCB8C5DBADA732D\" indent=\"up1\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n brings that individual to the United States\n\t\t\t\tin any manner whatsoever regardless of any future official action which may be\n\t\t\t\ttaken with respect to such individual;\n </text>\n </clause>\n <clause id=\"HE8CC039353E8439DBA16BCC14A116025\" indent=\"up1\">\n <enum>\n (ii)\n </enum>\n <text>\n recruits, encourages, or induces that\n\t\t\t\tindividual to come to, enter, or reside in the United States;\n </text>\n </clause>\n <clause id=\"H8646FCB7E218481386A5FA24A4BBB423\" indent=\"up1\">\n <enum>\n (iii)\n </enum>\n <text>\n transports or moves that individual\n\t\t\t\tin the United States, in furtherance of their unlawful presence; or\n </text>\n </clause>\n <clause id=\"HE5C766EFA50C49B5814B84F3944A5FC5\" indent=\"up1\">\n <enum>\n (iv)\n </enum>\n <text>\n harbors, conceals, or shields from\n\t\t\t\tdetection the individual in any place in the United States, including any\n\t\t\t\tbuilding or any means of transportation;\n </text>\n </clause>\n </subparagraph>\n <continuation-text continuation-text-level=\"paragraph\">\n or\n\t\t\t\tattempts or conspires to do so, shall be punished as provided in subparagraph\n\t\t\t\t(C).\n </continuation-text>\n <subparagraph id=\"H6213682406F84FCD99339C56E40C0EF4\" indent=\"up1\">\n <enum>\n (B)\n </enum>\n <text>\n Whoever, knowing that an individual\n\t\t\t\tis an alien, brings that individual to the United States in any manner\n\t\t\t\twhatsoever at a place, other than a designated port of entry or place\n\t\t\t\tdesignated by the Secretary of Homeland Security, regardless of whether such\n\t\t\t\tindividual has received prior official authorization to come to, enter, or\n\t\t\t\treside in the United States and regardless of any future official action which\n\t\t\t\tmay be taken with respect to such individual, or attempts or conspires to do\n\t\t\t\tso, shall be punished as provided in subparagraph (C).\n </text>\n </subparagraph>\n <subparagraph id=\"HD16224DD321349AF9D36A3CCFC4108EA\" indent=\"up1\">\n <enum>\n (C)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Whoever commits an offense under this\n\t\t\t\tparagraph shall, for each individual in respect to whom such a violation\n\t\t\t\toccurs—\n </text>\n <clause id=\"H5576F9993BBF4E05BF7873732CE4D6C9\">\n <enum>\n (i)\n </enum>\n <text>\n if the offense results in the death of\n\t\t\t\tany person, be fined under title 18, United States Code, and subject to the\n\t\t\t\tpenalty of death or imprisonment for any term of years or for life;\n </text>\n </clause>\n <clause id=\"H36B32D1C95F1441DAB9483BE504040F2\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n if the offense involves kidnapping, an\n\t\t\t\tattempt to kidnap, the conduct required for aggravated sexual abuse (as defined\n\t\t\t\tin\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/18/2241\">\n section 2241\n </external-xref>\n of title 18, United States Code, without regard to where it\n\t\t\t\ttakes place), or an attempt to commit such abuse, or an attempt to kill, be\n\t\t\t\tfined under title 18, United States Code, or imprisoned for any term of years\n\t\t\t\tor life, or both;\n </text>\n </clause>\n <clause id=\"HDE3343526D624BD690E0D9919D96041B\">\n <enum>\n (iii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n if the offense involves an individual who\n\t\t\t\tthe defendant knew was engaged in or intended to engage in terrorist activity\n\t\t\t\t(as defined in section 212(a)(3)(B)), be fined under title 18, United States\n\t\t\t\tCode, or imprisoned not more than 30 years, or both;\n </text>\n </clause>\n <clause id=\"HD4BB17879F5848848F3AB956526C5BC4\">\n <enum>\n (iv)\n </enum>\n <text display-inline=\"yes-display-inline\">\n if the offense results in serious bodily\n\t\t\t\tinjury (as defined in\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/18/1365\">\n section 1365\n </external-xref>\n of title 18, United States Code) or places\n\t\t\t\tin jeopardy the life of any person, be fined under title 18, United States\n\t\t\t\tCode, or imprisoned not more than 20 years, or both;\n </text>\n </clause>\n <clause id=\"HB405E49E5E25470C9841ED96E1DDE46D\">\n <enum>\n (v)\n </enum>\n <text>\n if the offense is a violation of\n\t\t\t\tparagraph (1)(A)(i) and was committed for the purpose of profit, commercial\n\t\t\t\tadvantage, or private financial gain, or if the offense was committed with the\n\t\t\t\tintent or reason to believe that the individual unlawfully brought into the\n\t\t\t\tUnited States will commit an offense against the United States or any State\n\t\t\t\tthat is punishable by imprisonment for more than 1 year, be fined under title\n\t\t\t\t18, United States Code, and imprisoned, in the case of a first or second\n\t\t\t\tviolation, not less than 3 nor more than 10 years, and for any other violation,\n\t\t\t\tnot less than 5 nor more than 15 years;\n </text>\n </clause>\n <clause id=\"H5319A043785A41E79BD810D8DB4AE945\">\n <enum>\n (vi)\n </enum>\n <text display-inline=\"yes-display-inline\">\n if the offense is a violation of paragraphs\n\t\t\t\t(1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was committed for the\n\t\t\t\tpurpose of profit, commercial advantage, or private financial gain, be fined\n\t\t\t\tunder title 18, United States Code, or imprisoned not more than 10 years, or\n\t\t\t\tboth;\n </text>\n </clause>\n <clause id=\"H30BF52EE9E5B4F919A9076A71699A2FE\">\n <enum>\n (vii)\n </enum>\n <text>\n if the offense involves the transit\n\t\t\t\tof the defendant’s spouse, child, sibling, parent, grandparent, or niece or\n\t\t\t\tnephew, and the offense is not described in any of clauses (i) through (vi), be\n\t\t\t\tfined under title 18, United States Code, or imprisoned not more than 1 year,\n\t\t\t\tor both; and\n </text>\n </clause>\n <clause id=\"H8F4CB8221A204552ACFE148E2AB5320D\">\n <enum>\n (viii)\n </enum>\n <text>\n in any other case, be fined under\n\t\t\t\ttitle 18, United States Code, or imprisoned not more than 5 years, or\n\t\t\t\tboth.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HCF4C600D006C410BA247E4132BE16443\" indent=\"up1\">\n <enum>\n (2)\n </enum>\n <subparagraph commented=\"no\" display-inline=\"yes-display-inline\" id=\"H1C1A40EB7CB84319AAD4E28746A938E2\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n There is extraterritorial jurisdiction over\n\t\t\t\tthe offenses described in paragraph (1).\n </text>\n </subparagraph>\n <subparagraph id=\"HF700D1C0AB33437597764AB6AEC201AD\" indent=\"up1\">\n <enum>\n (B)\n </enum>\n <text>\n In a prosecution for a violation of,\n\t\t\t\tor an attempt or conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii),\n\t\t\t\tor (a)(1)(B), that occurs on the high seas, no defense based on necessity can\n\t\t\t\tbe raised unless the defendant—\n </text>\n <clause id=\"H9AA27A4711B24CF0B333A021D9A3B205\">\n <enum>\n (i)\n </enum>\n <text>\n as soon as practicable, reported to\n\t\t\t\tthe Coast Guard the circumstances of the necessity, and if a rescue is claimed,\n\t\t\t\tthe name, description, registry number, and location of the vessel engaging in\n\t\t\t\tthe rescue; and\n </text>\n </clause>\n <clause id=\"H51B17FE6F7AB4FFC920567AA7AB35722\">\n <enum>\n (ii)\n </enum>\n <text>\n did not bring, attempt to bring, or\n\t\t\t\tin any manner intentionally facilitate the entry of any alien into the land\n\t\t\t\tterritory of the United States without lawful authority, unless exigent\n\t\t\t\tcircumstances existed that placed the life of that alien in danger, in which\n\t\t\t\tcase the reporting requirement set forth in clause (i) is satisfied by\n\t\t\t\tnotifying the Coast Guard as soon as practicable after delivering the alien to\n\t\t\t\temergency medical or law enforcement personnel ashore.\n </text>\n </clause>\n </subparagraph>\n <subparagraph display-inline=\"no-display-inline\" id=\"H90479EA38ACF4A2189FFBD98175D2283\" indent=\"up1\">\n <enum>\n (C)\n </enum>\n <text>\n It is not a violation of, or an\n\t\t\t\tattempt or conspiracy to violate, clause (iii) or (iv) of paragraph (1)(A), or\n\t\t\t\tparagraph (1)(A)(ii) (except if a person recruits, encourages, or induces an\n\t\t\t\talien to come to or enter the United States), for a religious denomination\n\t\t\t\thaving a bona fide nonprofit, religious organization in the United States, or\n\t\t\t\tthe agents or officer of such denomination or organization, to encourage,\n\t\t\t\tinvite, call, allow, or enable an alien who is present in the United States to\n\t\t\t\tperform the vocation of a minister or missionary for the denomination or\n\t\t\t\torganization in the United States as a volunteer who is not compensated as an\n\t\t\t\temployee, notwithstanding the provision of room, board, travel, medical\n\t\t\t\tassistance, and other basic living expenses, provided the minister or\n\t\t\t\tmissionary has been a member of the denomination for at least one year.\n </text>\n </subparagraph>\n <subparagraph id=\"H8A4D6F441F314CFF9C825EEED17C7A95\" indent=\"up1\">\n <enum>\n (D)\n </enum>\n <text>\n For purposes of this paragraph and\n\t\t\t\tparagraph (1)—\n </text>\n <clause id=\"H03087439EB9B4D82841E245103260176\">\n <enum>\n (i)\n </enum>\n <text>\n the term\n <term>\n United States\n </term>\n means the several States, the District of Columbia, the Commonwealth of Puerto\n\t\t\t\tRico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth\n\t\t\t\tof the Northern Mariana Islands, and any other territory or possession of the\n\t\t\t\tUnited States; and\n </text>\n </clause>\n <clause id=\"HE0CAA285B290449BAF47F81437B40B12\">\n <enum>\n (ii)\n </enum>\n <text>\n the term\n <term>\n lawful\n\t\t\t\tauthority\n </term>\n means permission, authorization, or waiver that is expressly\n\t\t\t\tprovided for in the immigration laws of the United States or the regulations\n\t\t\t\tprescribed under those laws and does not include any such authority secured by\n\t\t\t\tfraud or otherwise obtained in violation of law or authority that has been\n\t\t\t\tsought but not\n\t\t\t\tapproved.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H74ED190BD6724417A641242263E93885\">\n <enum>\n (c)\n </enum>\n <header>\n Maritime law\n\t\t\t enforcement\n </header>\n <paragraph id=\"H856BCC255F3B45BDB2B38E73640C899D\">\n <enum>\n (1)\n </enum>\n <header>\n Penalties\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection (b) of\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/18/2237\">\n section 2237\n </external-xref>\n of title 18,\n\t\t\t United States Code, is amended to read as follows:\n </text>\n <quoted-block id=\"HBB63A889D15E4BC4B4635BB3EEC24041\" style=\"OLC\">\n <subsection id=\"HF67B38ADDBBA46989C3FFC9E1B25B668\">\n <enum>\n (b)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Whoever intentionally violates this section\n\t\t\t\tshall—\n </text>\n <paragraph id=\"HDB6D0CAA2F5640BB9F0F9741DD84AF4E\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n if the offense results in death or involves\n\t\t\t\tkidnapping, an attempt to kidnap, the conduct required for aggravated sexual\n\t\t\t\tabuse (as defined in section 2241 without regard to where it takes place), or\n\t\t\t\tan attempt to commit such abuse, or an attempt to kill, be fined under such\n\t\t\t\ttitle or imprisoned for any term of years or life, or both;\n </text>\n </paragraph>\n <paragraph id=\"H85F49600E5C44A9F8F450EAABFF23AC5\">\n <enum>\n (2)\n </enum>\n <text>\n if the offense\n\t\t\t\tresults in serious bodily injury (as defined in section 1365 of this title) or\n\t\t\t\ttransportation under inhumane conditions, be fined under this title, imprisoned\n\t\t\t\tnot more than 15 years, or both;\n </text>\n </paragraph>\n <paragraph id=\"H5FF54175B5724BCB85EEF5C07B41D352\">\n <enum>\n (3)\n </enum>\n <text>\n if the offense is\n\t\t\t\tcommitted in the course of a violation of section 274 of the Immigration and\n\t\t\t\tNationality Act (alien smuggling); chapter 77 (peonage, slavery, and\n\t\t\t\ttrafficking in persons), section 111 (shipping), 111A (interference with\n\t\t\t\tvessels), 113 (stolen property), or 117 (transportation for illegal sexual\n\t\t\t\tactivity) of this title; chapter 705 (maritime drug law enforcement) of title\n\t\t\t\t46, or title II of the Act of June 15, 1917 (chapter 30; 40 Stat. 220), be\n\t\t\t\tfined under this title or imprisoned for not more than 10 years, or both;\n\t\t\t\tand\n </text>\n </paragraph>\n <paragraph id=\"H39583E2E443F4544A79E3330A9E90114\">\n <enum>\n (4)\n </enum>\n <text>\n in any other case,\n\t\t\t\tbe fined under this title or imprisoned for not more than 5 years, or\n\t\t\t\tboth.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HB8DBC4A7B05A490D8A8E389B3F00B28A\">\n <enum>\n (2)\n </enum>\n <header>\n Limitation on\n\t\t\t necessity defense\n </header>\n <text>\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/18/2237\">\n Section 2237(c)\n </external-xref>\n of title 18, United States\n\t\t\t Code, is amended—\n </text>\n <subparagraph id=\"HE6B739B9276F41D7AE793F171201DA33\">\n <enum>\n (A)\n </enum>\n <text>\n by inserting\n <quote>\n (1)\n </quote>\n after\n <quote>\n (c)\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H1127F1A6545A40FF908F20DEEB8014E4\">\n <enum>\n (B)\n </enum>\n <text>\n by adding at the\n\t\t\t end the following:\n </text>\n <quoted-block id=\"H6D49FA1688D3432BB4868C89A6772730\" style=\"OLC\">\n <paragraph id=\"H332D8CA8FA464AB1936B98CD74DE697E\" indent=\"up1\">\n <enum>\n (2)\n </enum>\n <text>\n In a prosecution for a violation of\n\t\t\t\tthis section, no defense based on necessity can be raised unless the\n\t\t\t\tdefendant—\n </text>\n <subparagraph id=\"H3F3ED75274A146D9843B08124D52FDF1\">\n <enum>\n (A)\n </enum>\n <text>\n as soon as practicable upon reaching\n\t\t\t\tshore, delivered the person with respect to which the necessity arose to\n\t\t\t\temergency medical or law enforcement personnel;\n </text>\n </subparagraph>\n <subparagraph id=\"HB7549DBA45B743628EF8085D22E61BDE\">\n <enum>\n (B)\n </enum>\n <text>\n as soon as practicable, reported to\n\t\t\t\tthe Coast Guard the circumstances of the necessity resulting giving rise to the\n\t\t\t\tdefense; and\n </text>\n </subparagraph>\n <subparagraph id=\"HB557E716E0A843E99E9A75F94C708DFA\">\n <enum>\n (C)\n </enum>\n <text>\n did not bring, attempt to bring, or in\n\t\t\t\tany manner intentionally facilitate the entry of any alien, as that term is\n\t\t\t\tdefined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C.\n\t\t\t\t1101(a)(3)), into the land territory of the United States without lawful\n\t\t\t\tauthority, unless exigent circumstances existed that placed the life of that\n\t\t\t\talien in danger, in which case the reporting requirement of subparagraph (B) is\n\t\t\t\tsatisfied by notifying the Coast Guard as soon as practicable after delivering\n\t\t\t\tthat person to emergency medical or law enforcement personnel\n\t\t\t\tashore.\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H7BE31C10168941FDAC54B135F6BF84B1\">\n <enum>\n (3)\n </enum>\n <header>\n Definition\n </header>\n <text display-inline=\"yes-display-inline\">\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/18/2237\">\n Section 2237(e)\n </external-xref>\n of title 18, United States\n\t\t\t Code, is amended—\n </text>\n <subparagraph id=\"H184149CFB7634F999DE402B5CC393A59\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n and\n </quote>\n at the end of paragraph (4);\n </text>\n </subparagraph>\n <subparagraph id=\"HC64CAB6B395C434D962C818C038D415F\">\n <enum>\n (B)\n </enum>\n <text>\n by striking the\n\t\t\t period at the end of paragraph (5) and inserting\n <quote>\n ; and\n </quote>\n ;\n\t\t\t and\n </text>\n </subparagraph>\n <subparagraph id=\"HBC9CFF06F9504491BC004FF3ADEC3BAB\">\n <enum>\n (C)\n </enum>\n <text>\n by adding at the\n\t\t\t end the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H7ED2DB28DCA047709A00621CE19815E9\" style=\"USC\">\n <paragraph id=\"H7272D791FDB84D4D8B1CA3F0E8F72BF7\">\n <enum>\n (6)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the term\n <term>\n transportation under\n\t\t\t\tinhumane conditions\n </term>\n means the transportation of persons in an engine\n\t\t\t\tcompartment, storage compartment, or other confined space, transportation at an\n\t\t\t\texcessive speed, transportation of a number of persons in excess of the rated\n\t\t\t\tcapacity of the means of transportation, or intentionally grounding a vessel in\n\t\t\t\twhich persons are being\n\t\t\t\ttransported.\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H3602046B14F249B480463E82EDECE258\">\n <enum>\n (d)\n </enum>\n <header>\n Amendment to the\n\t\t\t sentencing guidelines\n </header>\n <paragraph id=\"H6298FBD854E9407E9EE3CA0CD3983C1F\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n Pursuant to its authority under\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/28/994\">\n section 994\n </external-xref>\n of title 28,\n\t\t\t United States Code, and in accordance with this section, the United States\n\t\t\t Sentencing Commission shall review and, if appropriate, amend the sentencing\n\t\t\t guidelines and policy statements applicable to persons convicted of alien\n\t\t\t smuggling offenses and criminal failure to heave to or obstruction of\n\t\t\t boarding.\n </text>\n </paragraph>\n <paragraph id=\"H078B9B015B4F498F946D7A5689AE21F9\">\n <enum>\n (2)\n </enum>\n <header>\n Considerations\n </header>\n <text>\n In\n\t\t\t carrying out this section, the Sentencing Commission, shall—\n </text>\n <subparagraph id=\"H1FFFF4C8D756439B9EF928ECB6249291\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n consider providing sentencing enhancements\n\t\t\t or stiffening existing enhancements for those convicted of offenses described\n\t\t\t in subsection (a) that—\n </text>\n <clause id=\"H25DEE2DFC780410DBB89E1BA2C030B83\">\n <enum>\n (i)\n </enum>\n <text>\n involve a pattern\n\t\t\t of continued and flagrant violations;\n </text>\n </clause>\n <clause id=\"HCDE89B242BAA4182AB4F1BAE8F3416E4\">\n <enum>\n (ii)\n </enum>\n <text>\n are\n\t\t\t part of an ongoing commercial organization or enterprise;\n </text>\n </clause>\n <clause id=\"HE6A8A05EC1F54AB1B3963CE5C4AA570A\">\n <enum>\n (iii)\n </enum>\n <text>\n involve aliens\n\t\t\t who were transported in groups of 10 or more;\n </text>\n </clause>\n <clause id=\"H06ED92140679406D96F02E338643BBEB\">\n <enum>\n (iv)\n </enum>\n <text>\n involve the\n\t\t\t transportation or abandonment of aliens in a manner that endangered their\n\t\t\t lives; or\n </text>\n </clause>\n <clause id=\"H3254021BB2134D0181D20C045EA7065D\">\n <enum>\n (v)\n </enum>\n <text display-inline=\"yes-display-inline\">\n involve the facilitation of terrorist\n\t\t\t activity; and\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HEFBBA8F98B8D4A30B252B475E063563C\">\n <enum>\n (B)\n </enum>\n <text>\n consider\n\t\t\t cross-references to the guidelines for Criminal Sexual Abuse and Attempted\n\t\t\t Murder.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H66855BA754E04BED80C8FE0A8AE7EE17\">\n <enum>\n (3)\n </enum>\n <header>\n Expedited\n\t\t\t procedures\n </header>\n <text>\n The Commission may promulgate the guidelines or\n\t\t\t amendments under this section in accordance with the procedures set forth in\n\t\t\t section 21(a) of the Sentencing Act of 1987, as though the authority under that\n\t\t\t Act had not expired.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"HF2149F21A2BF4814BC69A161BD9EBF40\">\n <enum>\n 142.\n </enum>\n <header>\n Border security\n\t\t\t on certain Federal land\n </header>\n <subsection id=\"HA1B81BFF5F0748139387269FF755BB8E\">\n <enum>\n (a)\n </enum>\n <header>\n Definitions\n </header>\n <text>\n In\n\t\t\t this section:\n </text>\n <paragraph id=\"H46539A514249468AA015DC4780468AD4\">\n <enum>\n (1)\n </enum>\n <header>\n Protected\n\t\t\t land\n </header>\n <text>\n The term\n <term>\n protected land\n </term>\n means land under the\n\t\t\t jurisdiction of the Secretary concerned.\n </text>\n </paragraph>\n <paragraph id=\"HA5BD04474DAC4D18B0D3534C0ACBB71B\">\n <enum>\n (2)\n </enum>\n <header>\n Secretary\n\t\t\t concerned\n </header>\n <text>\n The term\n <term>\n Secretary concerned\n </term>\n means—\n </text>\n <subparagraph id=\"HEE6062509A034CC18F5F54E3FCE1B54E\">\n <enum>\n (A)\n </enum>\n <text>\n with respect to\n\t\t\t land under the jurisdiction of the Secretary of Agriculture, the Secretary of\n\t\t\t Agriculture; and\n </text>\n </subparagraph>\n <subparagraph id=\"H452E54BA693444539A763ED4FB6095F0\">\n <enum>\n (B)\n </enum>\n <text>\n with respect to\n\t\t\t land under the jurisdiction of the Secretary of the Interior, the Secretary of\n\t\t\t the Interior.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"HA2CABFF22F3A4C39B08F83FED3125027\">\n <enum>\n (b)\n </enum>\n <header>\n Border\n\t\t\t Protection Strategy\n </header>\n <text>\n The Secretary, the Secretary of the Interior,\n\t\t\t and the Secretary of Agriculture shall jointly develop a border protection\n\t\t\t strategy that supports the border security needs of the United States in the\n\t\t\t manner that best protects—\n </text>\n <paragraph id=\"H9262F67DD2C34D90ACC88A8A2C63A36A\">\n <enum>\n (1)\n </enum>\n <text>\n units of the\n\t\t\t National Park System;\n </text>\n </paragraph>\n <paragraph id=\"H6BC7CBD933B74BC386D8787B03508C8A\">\n <enum>\n (2)\n </enum>\n <text>\n National Forest\n\t\t\t System land;\n </text>\n </paragraph>\n <paragraph id=\"HDA7247E4DC2C43F5A01B7733ADFE467C\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n land under the jurisdiction of the United\n\t\t\t States Fish and Wildlife Service and Bureau of Land Management; and\n </text>\n </paragraph>\n <paragraph id=\"H3970AE99E28844CC99C6F1F8D290BBD8\">\n <enum>\n (4)\n </enum>\n <text>\n other relevant\n\t\t\t land under the jurisdiction of the Secretary of the Interior or the Secretary\n\t\t\t of Agriculture.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HE9CA16A7A3404B93B48ED3BF2783DDD2\">\n <enum>\n (c)\n </enum>\n <header>\n Additional\n\t\t\t uniformed law enforcement officers and special agents of the Department of the\n\t\t\t Interior\n </header>\n <text>\n There are authorized to be appropriated to the Secretary\n\t\t\t of the Interior for employment of uniformed law enforcement officers and\n\t\t\t special agents, in addition to the number of such officers and agents employed\n\t\t\t immediately before the enactment of this Act, such sums as may be necessary\n\t\t\t for—\n </text>\n <paragraph id=\"H956A149A62E246928E633B5A28CF7664\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n 22 such officers of the United States Fish\n\t\t\t and Wildlife Service, including—\n </text>\n <subparagraph id=\"H56A6049ADE9A4AD2A0C29F14C7F137D8\">\n <enum>\n (A)\n </enum>\n <text>\n 4 for\n\t\t\t California;\n </text>\n </subparagraph>\n <subparagraph id=\"H3544716660B74672AB9786210E3D7820\">\n <enum>\n (B)\n </enum>\n <text>\n 9 for\n\t\t\t Arizona;\n </text>\n </subparagraph>\n <subparagraph id=\"HB6820CE3F46B44B2BB5D57839865FBDC\">\n <enum>\n (C)\n </enum>\n <text>\n 2 for New Mexico;\n\t\t\t and\n </text>\n </subparagraph>\n <subparagraph id=\"HE7ED506D22B44F55B24B25F0DDE4EA46\">\n <enum>\n (D)\n </enum>\n <text>\n 7 for\n\t\t\t Texas;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H1F8E0A85FFBF4836A05D41CB0632DD5E\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n 2 such agents of the United States Fish and\n\t\t\t Wildlife Service, for Texas;\n </text>\n </paragraph>\n <paragraph id=\"H63B13718ACF048F79E82D8D14CA149EC\">\n <enum>\n (3)\n </enum>\n <text>\n 22 such officers\n\t\t\t of the National Park Service, including—\n </text>\n <subparagraph id=\"H4CCE7A64B52A46E6995BFA31800FBF8B\">\n <enum>\n (A)\n </enum>\n <text>\n 13 for Arizona;\n\t\t\t and\n </text>\n </subparagraph>\n <subparagraph id=\"H35D6E29129DC41AA99D5212CC63B926C\">\n <enum>\n (B)\n </enum>\n <text>\n 9 for\n\t\t\t Texas;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HB1A89118F0274C02947BBC7CDB6647DD\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n 2 such agents of the National Park Service,\n\t\t\t for Texas;\n </text>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"HA2CEDCDE4F7A49EC8A2923842FAC8C12\">\n <enum>\n (5)\n </enum>\n <text display-inline=\"yes-display-inline\">\n 19 such officers of the Bureau of Land\n\t\t\t Management, including—\n </text>\n <subparagraph id=\"H427BB9321B044AB4BACCFB0F09BBB3C9\">\n <enum>\n (A)\n </enum>\n <text>\n 5 for\n\t\t\t California;\n </text>\n </subparagraph>\n <subparagraph id=\"HA3903872A45C42B782ED5F9364CEAC28\">\n <enum>\n (B)\n </enum>\n <text>\n 4 for\n\t\t\t Arizona;\n </text>\n </subparagraph>\n <subparagraph id=\"HB18E1B2F252440B58C5BD59E670BE8C5\">\n <enum>\n (C)\n </enum>\n <text>\n 4 for New Mexico;\n\t\t\t and\n </text>\n </subparagraph>\n <subparagraph id=\"HA4DC598BBA454D9AAD79A6359C98E30F\">\n <enum>\n (D)\n </enum>\n <text>\n 6 for\n\t\t\t Texas;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H392A3170137A47AEAAC56D779511AC29\">\n <enum>\n (6)\n </enum>\n <text display-inline=\"yes-display-inline\">\n 2 such agents of the Bureau of Land\n\t\t\t Management, including—\n </text>\n <subparagraph id=\"H12BF82FE027C417CA6014CB6D13010E2\">\n <enum>\n (A)\n </enum>\n <text>\n 1 for\n\t\t\t California;\n </text>\n </subparagraph>\n <subparagraph id=\"H4EFE60F94251478AA7E0282232479FED\">\n <enum>\n (B)\n </enum>\n <text>\n 2 for Arizona;\n\t\t\t and\n </text>\n </subparagraph>\n <subparagraph id=\"HBF36A1209394465BBCD69F543DC43ED5\">\n <enum>\n (C)\n </enum>\n <text>\n 1 for New Mexico;\n\t\t\t and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H6C17B85435854E2C936AD284F53106B5\">\n <enum>\n (7)\n </enum>\n <text display-inline=\"yes-display-inline\">\n one such agent of the Bureau of Indian\n\t\t\t Affairs, for Texas.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HE8909F0B8A144A928D8BE6B74CB88A75\">\n <enum>\n (d)\n </enum>\n <header>\n Additional\n\t\t\t Special Assistant United States Attorney\n </header>\n <text display-inline=\"yes-display-inline\">\n There are authorized to be appropriated to\n\t\t\t the Attorney General such sums as may be necessary to increase by 1 the number\n\t\t\t of special assistant United States attorneys in the district of Arizona\n\t\t\t dedicated to prosecution of cases generated by the Secretary of the Interior,\n\t\t\t in addition to the number of such attorneys appointed immediately before the\n\t\t\t enactment of this Act.\n </text>\n </subsection>\n </section>\n </subtitle>\n \n \n <enum>\n II\n </enum>\n <header>\n Ending Unlawful\n\t\t\t Employment\n </header>\n <subtitle id=\"H6CE524C02BEC4532960F2F6568CA4DFE\">\n <enum>\n A\n </enum>\n <header>\n Employee\n\t\t\t Verification\n </header>\n <section id=\"H787851BD43984828A38C18506DD2A441\">\n <enum>\n 201.\n </enum>\n <header>\n Mandatory\n\t\t\t employment authorization verification\n </header>\n <subsection id=\"H35AA4CDE78B643FB9A52068EAE67DDC7\">\n <enum>\n (a)\n </enum>\n <header>\n Making E-Verify\n\t\t\t Program permanent\n </header>\n <text display-inline=\"yes-display-inline\">\n Section\n\t\t\t 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of\n\t\t\t 1996 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/8/1324a\">\n 8 U.S.C. 1324a\n </external-xref>\n note) is amended by adding before the period at the end of\n\t\t\t the last sentence the following\n <quote>\n , except that the E-Verify Program\n\t\t\t described in section 403(a) shall be a permanent program\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"HDE825C38F0BD4D2EA01BAAA6D080BCCC\">\n <enum>\n (b)\n </enum>\n <header>\n Mandatory use of\n\t\t\t E-Verify system\n </header>\n <paragraph id=\"H9429AE2B0AC2492483A32847E759F093\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n Subject to paragraphs (2) and (3), every person or other\n\t\t\t entity that hires one or more individuals for employment in the United States\n\t\t\t shall verify through the E-Verify Program, established by section 403(a) of the\n\t\t\t Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C\n\t\t\t of\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/208\">\n Public Law 104–208\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/8/1324a\">\n 8 U.S.C. 1324a\n </external-xref>\n note), that each such individual is\n\t\t\t authorized to work in the United States. The Secretary of Homeland Security\n\t\t\t shall ensure that verification by means of a toll-free telephone line is an\n\t\t\t available option in complying with the preceding sentence.\n </text>\n </paragraph>\n <paragraph id=\"H95896C97CAC14C19BD227A20C4BD6738\">\n <enum>\n (2)\n </enum>\n <header>\n Select entities\n\t\t\t required to use e-verify program immediately\n </header>\n <text>\n The following\n\t\t\t entities must satisfy the requirement in paragraph (1) by not later than one\n\t\t\t year after the date of the enactment of this Act:\n </text>\n <subparagraph id=\"H805C15D91B96401A979965571CF02F2F\">\n <enum>\n (A)\n </enum>\n <header>\n Federal\n\t\t\t agencies\n </header>\n <text>\n Each department and agency of the Federal\n\t\t\t Government.\n </text>\n </subparagraph>\n <subparagraph id=\"HCD14F2F0D2764075860D787BAC404E1F\">\n <enum>\n (B)\n </enum>\n <header>\n Federal\n\t\t\t contractors\n </header>\n <text>\n A contractor that—\n </text>\n <clause id=\"HBF58A9981D2D4A6DAAC2E3241F02AA09\">\n <enum>\n (i)\n </enum>\n <text>\n has\n\t\t\t entered into a contract with the Federal Government to which section 2(b)(1) of\n\t\t\t the Service Contract Act of 1965 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/41/351\">\n 41 U.S.C. 351(b)(1)\n </external-xref>\n ) applies, and any\n\t\t\t subcontractor under such contract; or\n </text>\n </clause>\n <clause id=\"H7A871FA5CFAB40B181F866A04575C27B\">\n <enum>\n (ii)\n </enum>\n <text>\n has\n\t\t\t entered into a contract exempted from the application of such Act by section 6\n\t\t\t of such Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/41/356\">\n 41 U.S.C. 356\n </external-xref>\n ), and any subcontractor under such contract.\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HFE787C19BA5641DEB208BB9C51495202\">\n <enum>\n (C)\n </enum>\n <header>\n Large\n\t\t\t employers\n </header>\n <text display-inline=\"yes-display-inline\">\n An employer that\n\t\t\t employs more than 250 individuals in the United States.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HA97904BE75B841B3AE5A23310C5AA605\">\n <enum>\n (3)\n </enum>\n <header>\n Phasing-in for\n\t\t\t other employers\n </header>\n <subparagraph id=\"H7E3F052590A14E1FB7612C7B28C2CF67\">\n <enum>\n (A)\n </enum>\n <header>\n Two years for\n\t\t\t employers of 100 or more\n </header>\n <text>\n Entities that employ 100 or more\n\t\t\t individuals in the United States must satisfy the requirement in paragraph (1)\n\t\t\t by not later than two years after the date of the enactment of this Act.\n </text>\n </subparagraph>\n <subparagraph id=\"H1E9367020DD04EB0A67521240707A2A7\">\n <enum>\n (B)\n </enum>\n <header>\n Three years for\n\t\t\t employers with 30 or more employees\n </header>\n <text>\n All entities that employ 30\n\t\t\t or more individuals in the United States must satisfy the requirement in\n\t\t\t paragraph (1) by not later than three years after the date of the enactment of\n\t\t\t this Act.\n </text>\n </subparagraph>\n <subparagraph id=\"H608A2365EE0F4310A4F9BBCECB993215\">\n <enum>\n (C)\n </enum>\n <header>\n Four years for\n\t\t\t all employers\n </header>\n <text>\n All entities that employ one or more individuals in\n\t\t\t the United States must satisfy the requirement in paragraph (1) by not later\n\t\t\t than four years after the date of the enactment of this Act.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HB7523A5CE5A5483C9222AA15FE20F5BC\">\n <enum>\n (4)\n </enum>\n <header>\n Verifying\n\t\t\t employment authorization of current employees\n </header>\n <text>\n Every person or\n\t\t\t other entity that employs one or more persons in the United States shall verify\n\t\t\t through the E-Verify program by not later than four years after the date of the\n\t\t\t enactment of this Act that each employee is authorized to work in the United\n\t\t\t States.\n </text>\n </paragraph>\n <paragraph id=\"HA3DFDFCD905240868C4804FF2B402866\">\n <enum>\n (5)\n </enum>\n <header>\n Defense\n </header>\n <text display-inline=\"yes-display-inline\">\n In accordance with section 274A(a)(3) of\n\t\t\t the Immigration and Nationality Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/8/1324a\">\n 8 U.S.C. 1324a(a)(3)\n </external-xref>\n ), a person or entity\n\t\t\t that establishes that it has complied in good faith with the requirements of\n\t\t\t section 274A(b) of such Act with respect to the hiring, recruiting, or referral\n\t\t\t for employment of an alien in the United States has established an affirmative\n\t\t\t defense that the person or entity has not violated section 274A(a)(1)(A) of\n\t\t\t such Act with respect to such hiring, recruiting or referral. Furthermore an\n\t\t\t employer who has complied with the requirements in paragraphs (1) and (4) of\n\t\t\t this Act shall not be liable for hiring an unauthorized alien, if—\n </text>\n <subparagraph id=\"H7247F2ECA24144129A7DD57A62C230E8\">\n <enum>\n (A)\n </enum>\n <text>\n such hiring\n\t\t\t occurred due to an error in the E-Verify program that was unknown to the\n\t\t\t employer at the time of such hiring; and\n </text>\n </subparagraph>\n <subparagraph id=\"H3866E12039A048FA97CECDB8A75FBC75\">\n <enum>\n (B)\n </enum>\n <text>\n the employer\n\t\t\t terminates the employment of the alien upon being informed of the error.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H2FE69432D6B3427096DA3FA557C4BAAD\">\n <enum>\n (6)\n </enum>\n <header>\n Sanctions for\n\t\t\t noncompliance\n </header>\n <text>\n The failure of an employer to comply with the\n\t\t\t requirements in paragraphs (1) or (4) shall—\n </text>\n <subparagraph id=\"HA25D07BCA4F74BBA8F037C6877FEEE79\">\n <enum>\n (A)\n </enum>\n <text>\n be treated as a\n\t\t\t violation of section 274A(a)(1)(B) with respect to each offense; and\n </text>\n </subparagraph>\n <subparagraph id=\"H2D6D3FEE08354445998132F1AC36E600\">\n <enum>\n (B)\n </enum>\n <text>\n create a\n\t\t\t rebuttable presumption that the employer has violated section\n\t\t\t 274A(a)(1)(A).\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H3F8C4DDD327046A7A989F5840B87C995\">\n <enum>\n (7)\n </enum>\n <header>\n Voluntary\n\t\t\t participation of employers not immediately subject to\n\t\t\t requirement\n </header>\n <text>\n Nothing in this subsection shall be construed as\n\t\t\t preventing a person or other entity that is not immediately subject to the\n\t\t\t requirement of paragraph (1) pursuant to paragraph (2) or (3) from voluntarily\n\t\t\t using the E-Verify program to verify the employment authorization of new hires\n\t\t\t or current employees.\n </text>\n </paragraph>\n <paragraph id=\"HDD8F36D7F69A48488C1CB83E8F400EBC\">\n <enum>\n (8)\n </enum>\n <header>\n State\n\t\t\t interference\n </header>\n <text display-inline=\"yes-display-inline\">\n No State may\n\t\t\t prohibit a person or other entity from using the E-Verify program to verify the\n\t\t\t employment authorization of new hires or current employees.\n </text>\n </paragraph>\n <paragraph id=\"H827DA3B753824C229496430657E4FC88\">\n <enum>\n (9)\n </enum>\n <header>\n E-\n <enum-in-header>\n V\n </enum-in-header>\n erify\n\t\t\t study\n </header>\n <subparagraph id=\"HD25069D047B34BED8D344E4DA1897F22\">\n <enum>\n (A)\n </enum>\n <header>\n Findings\n </header>\n <text display-inline=\"yes-display-inline\">\n The Congress finds as follows:\n </text>\n <clause id=\"H8715C83B9F164235ACF590DFC38043D7\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n A majority of the 0.4 percent of tentative\n\t\t\t non-confirmations that are issued within E-Verify to work authorized\n\t\t\t individuals occur due to incorrect or outdated information in the databases\n\t\t\t utilized by the system. For instance, an individual may have changed his or her\n\t\t\t name legally but has not updated their Social Security information to account\n\t\t\t for this change. This person would likely receive a tentative non-confirmation\n\t\t\t if their work eligibility were checked using E-Verify.\n </text>\n </clause>\n <clause id=\"HFA55D39BD55B4050A868EDA92056834D\">\n <enum>\n (ii)\n </enum>\n <text>\n E-Verify already\n\t\t\t provides employers and employees with simple and clear instructions on how\n\t\t\t inconsistencies in data can be corrected in order to verify the work\n\t\t\t eligibility of an employee. However, giving an individual the ability to verify\n\t\t\t his or her own employment eligibility in advance of an official E-Verify query\n\t\t\t by an employer would allow that individual to correct data errors at his or her\n\t\t\t convenience. This may also serve to lessen peak demand on Social Security\n\t\t\t Administration field offices.\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HAFC7768E9D4E4B46AC474955FCF98897\">\n <enum>\n (B)\n </enum>\n <header>\n Study\n </header>\n <text display-inline=\"yes-display-inline\">\n The Government Accountability Office shall\n\t\t\t conduct a study to examine the potential of a secure method of allowing\n\t\t\t individuals to check their own work eligibility, so that they can address\n\t\t\t inconsistencies in their personal data that might otherwise cause them to be\n\t\t\t issued a tentative non-confirmation by E-Verify. The study shall be published\n\t\t\t within 6 months after the date of enactment of this Act.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H11517B7B7C7D401A9C5E4BD0C7038E17\">\n <enum>\n (10)\n </enum>\n <header>\n Document fraud\n\t\t\t study\n </header>\n <text display-inline=\"yes-display-inline\">\n The Government\n\t\t\t Accountability Office shall conduct a study to examine methods to combat\n\t\t\t document fraud, theft and forgery in the use and expansion of the E-Verify\n\t\t\t program. The report shall make recommendations to the appropriate agencies on\n\t\t\t ways to reduce instances of document fraud, theft and forgery. The report shall\n\t\t\t be published within six months after enactment of this Act.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H279BA5A301554C81A1599D7DF0E72079\">\n <enum>\n 202.\n </enum>\n <header>\n Monitoring and\n\t\t\t compliance\n </header>\n <subsection id=\"H7A3286102E3B455895925DE200CB8596\">\n <enum>\n (a)\n </enum>\n <header>\n Enhancing\n\t\t\t Monitoring and Compliance of E-Verify\n </header>\n <text>\n The Secretary of the\n\t\t\t Department of Homeland Security is authorized take the following actions to\n\t\t\t increase the capability and effectiveness of the E-Verify employer Monitoring\n\t\t\t and Compliance team within Citizenship and Immigration Services:\n </text>\n <paragraph id=\"HCDE3FA0210D94331872AD62BA6CF6F26\">\n <enum>\n (1)\n </enum>\n <text>\n Increase by no\n\t\t\t more than 6 the number of fulltime employees dedicated to the development of\n\t\t\t thresholds and algorithms and quality assurance procedures for the monitoring\n\t\t\t of employer adherence to the conditions that are currently outlined in the\n\t\t\t E-Verify Memorandum of Understanding.\n </text>\n </paragraph>\n <paragraph id=\"H60BFBD94F5C44B8D96193FA42071C452\">\n <enum>\n (2)\n </enum>\n <text>\n Increase as\n\t\t\t necessary the number of fulltime employees dedicated to outreach to employers\n\t\t\t using E-Verify and the creation of informational tools and corrective action\n\t\t\t procedures that will provide compliance assistance to these employers. These\n\t\t\t employees may also be utilized in the operation of the toll free compliance\n\t\t\t assistance call center.\n </text>\n </paragraph>\n <paragraph id=\"H2521874652DE4A758330768659D38707\">\n <enum>\n (3)\n </enum>\n <text>\n Establish\n\t\t\t procedures for the identification of cases of potential fraud or misuse of\n\t\t\t E-Verify.\n </text>\n </paragraph>\n <paragraph id=\"HF9D70C39A57A4D7E9AF2696DAA04C20E\">\n <enum>\n (4)\n </enum>\n <text>\n Establish\n\t\t\t procedures for the sharing of information on these selected cases with\n\t\t\t Immigration and Customs Enforcement for further investigation as\n\t\t\t necessary.\n </text>\n </paragraph>\n <paragraph id=\"HF0628E97E07B40318DAE13AE17A1443F\">\n <enum>\n (5)\n </enum>\n <text>\n Report to Congress\n\t\t\t within one year of the date of enactment of this Act on the activities of the\n\t\t\t Office of Monitoring and Compliance which shall include—\n </text>\n <subparagraph id=\"HB21F302FD24842DEB029FD241414F90C\">\n <enum>\n (A)\n </enum>\n <text>\n a description of\n\t\t\t the types of fraud and misuse being detected by the thresholds and algorithms\n\t\t\t used for employee monitoring within the Office;\n </text>\n </subparagraph>\n <subparagraph id=\"H27D7085DEB1446BD8F3D030277D876D3\">\n <enum>\n (B)\n </enum>\n <text>\n the number and\n\t\t\t type of cases flagged by the Office and referred to Immigration and Customs\n\t\t\t Enforcement, as well as the outcome of these cases; and\n </text>\n </subparagraph>\n <subparagraph id=\"H4E34C3C95AA14CD4937C1844F35DA9D6\">\n <enum>\n (C)\n </enum>\n <text>\n an assessment of\n\t\t\t the number and the nature of calls received by the compliance assistance call\n\t\t\t center.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H5957A3387D9242CA94A407E687DAAAF5\">\n <enum>\n 203.\n </enum>\n <header>\n Mandatory\n\t\t\t notification of SSN mismatches and multiple uses\n </header>\n <subsection id=\"H09FC53831786495E80D9C6EA63399DCE\">\n <enum>\n (a)\n </enum>\n <header>\n Notification of\n\t\t\t multiple uses of individual Social Security numbers\n </header>\n <text>\n Prior to\n\t\t\t crediting any individual with concurrent earnings from more than one employer,\n\t\t\t the Commissioner of Social Security shall notify the individual that earnings\n\t\t\t from two or more employers are being reported under the individual’s Social\n\t\t\t Security account number (SSN). Such notice shall include, at a minimum—\n </text>\n <paragraph id=\"H796F634BC9F848AD8AF6FE565EAF9913\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the name and location of each employer\n\t\t\t reporting benefits for an individual;\n </text>\n </paragraph>\n <paragraph id=\"H98096E9EF63D451888E8BD816FD8A912\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n a warning that any inaccuracies in this\n\t\t\t information could indicate that the individual’s SSN is being fraudulently used\n\t\t\t by another individual;\n </text>\n </paragraph>\n <paragraph id=\"HF54E9D465F4449F9801550C590C1699F\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n an explanation of any potential risk that\n\t\t\t an individual is subject to if his or her SSN has been used or is being used by\n\t\t\t someone else; and\n </text>\n </paragraph>\n <paragraph id=\"HD874666EF8394D1C88D37557A37AAB7D\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n an SSA telephone number that an individual\n\t\t\t may call to report inaccuracies in the use of their SSN.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H3F85511CA23A4A97AC06D1429DAF7188\">\n <enum>\n (b)\n </enum>\n <header>\n Information\n\t\t\t sharing with the Department of Homeland Security\n </header>\n <paragraph id=\"HBC2354E692374C5A8B73FE8BDE8ECBBD\">\n <enum>\n (1)\n </enum>\n <text>\n Not later than 180\n\t\t\t days following the date of enactment of this act, the Commissioner of Social\n\t\t\t Security shall promulgate regulations in accord with section 1306, title 42 (42\n\t\t\t U.S.C. 1306), to require that information regarding all multiple use\n\t\t\t notifications that lead to the identification of an unauthorized user of a\n\t\t\t Social Security account number be shared with the Secretary of the Department\n\t\t\t of Homeland Security on a timely basis.\n </text>\n </paragraph>\n <paragraph id=\"H58D4E0F2DD3848ED898BBC5CC904F818\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Information to be shared with the Secretary\n\t\t\t shall include, at a minimum, the name and mailing address of all employees who\n\t\t\t are the subject of an unresolved mismatch notification or who are unauthorized\n\t\t\t users of another individual’s Social Security account number. The names and\n\t\t\t addresses of the employers of these employees must also be provided.\n </text>\n </paragraph>\n <paragraph id=\"H5C741735015D447098BD3C03C5FF154F\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n The Secretary shall report to the Congress\n\t\t\t annually the number of cases that the Commissioner of Social Security has\n\t\t\t shared with the Department of Homeland Security regarding unauthorized users of\n\t\t\t a Social Security number and the actions that have been taken to resolve these\n\t\t\t cases. The first report shall be presented to Congress 1 year after the passage\n\t\t\t of this Act.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H664F2B184C5A416BB7158E9B31900C6A\">\n <enum>\n 204.\n </enum>\n <header>\n Establishment\n\t\t\t of electronic birth and death registration systems\n </header>\n <text display-inline=\"no-display-inline\">\n In\n\t\t\t consultation with the Secretary of Health and Human Services and the\n\t\t\t Commissioner of Social Security, the Secretary shall take the following\n\t\t\t actions:\n </text>\n <paragraph id=\"H5191820817784DBA97991CC707B7A0CE\">\n <enum>\n (1)\n </enum>\n <text>\n Work with the\n\t\t\t States to establish a common data set and common data exchange protocol for\n\t\t\t electronic birth registration systems and death registration systems.\n </text>\n </paragraph>\n <paragraph id=\"H161A737F1E7F43EDACAE6F077197770B\">\n <enum>\n (2)\n </enum>\n <text>\n Coordinate\n\t\t\t requirements for such systems to align with a national model.\n </text>\n </paragraph>\n <paragraph id=\"H1B7A1EBAA61E4A39A78F67AE26B00B5C\">\n <enum>\n (3)\n </enum>\n <text>\n Ensure that fraud\n\t\t\t prevention is built into the design of electronic vital registration systems in\n\t\t\t the collection of vital event data, the issuance of birth certificates, and the\n\t\t\t exchange of data among government agencies.\n </text>\n </paragraph>\n <paragraph id=\"H85973BBF5578473B80DE1425453E972C\">\n <enum>\n (4)\n </enum>\n <text>\n Ensure that\n\t\t\t electronic systems for issuing birth certificates, in the form of printed\n\t\t\t abstracts of birth records or digitized images, employ a common format of the\n\t\t\t certified copy, so that those requiring such documents can quickly confirm\n\t\t\t their validity.\n </text>\n </paragraph>\n <paragraph id=\"HB79A7810D88649A2A75AB9F2EC7D2FF3\">\n <enum>\n (5)\n </enum>\n <text>\n Establish uniform\n\t\t\t field requirements for State birth registries.\n </text>\n </paragraph>\n <paragraph id=\"HD11B6959B33E40F68D830FD8B627C65E\">\n <enum>\n (6)\n </enum>\n <text>\n Not later than 1\n\t\t\t year after the date of the enactment of this Act, establish a process with the\n\t\t\t Department of Defense that will result in the sharing of data, with the States\n\t\t\t and the Social Security Administration, regarding deaths of United States\n\t\t\t military personnel and the birth and death of their dependents.\n </text>\n </paragraph>\n <paragraph id=\"H19A30CE52B1742FBB8AFB3FA8BCA82D1\">\n <enum>\n (7)\n </enum>\n <text>\n Not later than 1\n\t\t\t year after the date of the enactment of this Act, establish a process with the\n\t\t\t Department of State to improve registration, notification, and the sharing of\n\t\t\t data with the States and the Social Security Administration, regarding births\n\t\t\t and deaths of United States citizens abroad.\n </text>\n </paragraph>\n <paragraph id=\"H93E54F5C23224CBDA9AC5F2D233CE184\">\n <enum>\n (8)\n </enum>\n <text>\n Not later than 3\n\t\t\t years after the date of establishment of databases provided for under this\n\t\t\t section, require States to record and retain electronic records of pertinent\n\t\t\t identification information collected from requestors who are not the\n\t\t\t registrants.\n </text>\n </paragraph>\n <paragraph id=\"HFDE3E2DB4A6A46AE93688F2E4AD6C166\">\n <enum>\n (9)\n </enum>\n <text>\n Not later than 6\n\t\t\t months after the date of the enactment of this Act, submit to Congress a report\n\t\t\t on whether there is a need for Federal laws to address penalties for fraud and\n\t\t\t misuse of vital records and whether violations are sufficiently\n\t\t\t enforced.\n </text>\n </paragraph>\n </section>\n <section id=\"HC64A387357184759843734EF61C23D5E\">\n <enum>\n 205.\n </enum>\n <header>\n Penalty for\n\t\t\t failure to file correct information returns\n </header>\n <subsection id=\"HD9F4EFDDC5DD4EEFAF9E266532970F4B\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 6721 of the\n\t\t\t Internal Revenue Code of 1986 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/26/6721\">\n 26 U.S.C. 6721\n </external-xref>\n ) is amended by adding at the end\n\t\t\t the following:\n </text>\n <quoted-block id=\"H0CF163898D2140FFB8CA47811EA01D68\" style=\"OLC\">\n <subsection id=\"H3C4F14F19CA34C6885A5ACBEEF9A5299\">\n <enum>\n (g)\n </enum>\n <header>\n Most egregious\n\t\t\t\tnoncompliant employers\n </header>\n <text>\n The Secretary shall assess the maximum\n\t\t\t\tallowable penalties on 100 percent of the employers designated in any tax year\n\t\t\t\tby the Social Security Administration as the most egregious noncompliant\n\t\t\t\temployers.\n </text>\n </subsection>\n <subsection id=\"H9212BF3A21E049EABCE7CD0873D59623\">\n <enum>\n (h)\n </enum>\n <header>\n Employment of\n\t\t\t\talien not authorized To be employed\n </header>\n <text>\n Notwithstanding any other\n\t\t\t\tprovision in this section, in the case of a failure described in subsection\n\t\t\t\t(a)(2) with respect to any person employing an alien not authorized to be so\n\t\t\t\temployed, the penalty under this section shall be determined in accordance with\n\t\t\t\tthe following table:\n </text>\n <table align-to-level=\"section\" blank-lines-before=\"1\" colsep=\"0\" frame=\"none\" line-rules=\"no-gen\" rowsep=\"0\" rule-weights=\"0.0.0.0.0.0\" subformat=\"S6211\" table-template-name=\"Generic: 3 text, even cols\" table-type=\"\">\n <tgroup cols=\"3\" grid-typeface=\"1.1\" rowsep=\"0\" thead-tbody-ldg-size=\"10.10.10\">\n <colspec coldef=\"txt\" colname=\"column1\" colwidth=\"148.50pt\" min-data-value=\"100\"/>\n <colspec coldef=\"txt\" colname=\"column2\" colwidth=\"111.75pt\" min-data-value=\"100\"/>\n <colspec coldef=\"txt-no-ldr\" colname=\"column3\" colwidth=\"115.50pt\" min-data-value=\"100\"/>\n <thead>\n <row>\n <entry align=\"center\" colname=\"column1\" morerows=\"0\" namest=\"column1\">\n In the case of—\n </entry>\n <entry align=\"center\" colname=\"column2\" morerows=\"0\" namest=\"column2\">\n Not less than—\n </entry>\n <entry align=\"center\" colname=\"column3\" morerows=\"0\" namest=\"column3\">\n Not more than—\n </entry>\n </row>\n </thead>\n <tbody>\n <row>\n <entry align=\"left\" colname=\"column1\" leader-modify=\"force-ldr\" stub-definition=\"txt-ldr\" stub-hierarchy=\"1\">\n The\n\t\t\t\t\t\tfirst offense\n </entry>\n <entry align=\"left\" colname=\"column2\" leader-modify=\"force-ldr\">\n $2,500\n </entry>\n <entry align=\"left\" colname=\"column3\" leader-modify=\"clr-ldr\">\n $5,000\n </entry>\n </row>\n <row>\n <entry align=\"left\" colname=\"column1\" leader-modify=\"force-ldr\" stub-definition=\"txt-ldr\" stub-hierarchy=\"1\">\n The\n\t\t\t\t\t\tsecond offense\n </entry>\n <entry align=\"left\" colname=\"column2\" leader-modify=\"force-ldr\">\n $7,500\n </entry>\n <entry align=\"left\" colname=\"column3\" leader-modify=\"clr-ldr\">\n $10,000\n </entry>\n </row>\n <row>\n <entry align=\"left\" colname=\"column1\" leader-modify=\"force-ldr\" stub-definition=\"txt-ldr\" stub-hierarchy=\"1\">\n The\n\t\t\t\t\t\tthird offense\n </entry>\n <entry align=\"left\" colname=\"column2\" leader-modify=\"force-ldr\">\n $25,000\n </entry>\n <entry align=\"left\" colname=\"column3\" leader-modify=\"clr-ldr\">\n $40,000.\n </entry>\n </row>\n </tbody>\n </tgroup>\n </table>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H3409945A0672407AB920FB3FFAC07A35\">\n <enum>\n (b)\n </enum>\n <header>\n Effective\n\t\t\t date\n </header>\n <text display-inline=\"yes-display-inline\">\n The amendment made by\n\t\t\t subsection (a) shall apply to with respect to information returns required to\n\t\t\t be filed for years beginning after December 31, 2012.\n </text>\n </subsection>\n </section>\n <section id=\"H0848DB67EBB1444587E523F07008F9D7\">\n <enum>\n 206.\n </enum>\n <header>\n Authorization\n\t\t\t of appropriations\n </header>\n <text display-inline=\"no-display-inline\">\n There are\n\t\t\t authorized to be appropriated such sums as may be required to carry out this\n\t\t\t subtitle.\n </text>\n </section>\n </subtitle>\n <subtitle id=\"H742B0E8EE80047888D62D576A06AC8C5\">\n <enum>\n B\n </enum>\n <header>\n Nondeductibility\n\t\t\t of Wages Paid to Unauthorized Aliens\n </header>\n <section id=\"HA035B27CA25A457BA5D7D81B993A1C44\">\n <enum>\n 211.\n </enum>\n <header>\n Clarification\n\t\t\t that wages paid to unauthorized aliens may not be deducted from gross\n\t\t\t income\n </header>\n <subsection id=\"H238FBFD63DA04656BF8F12C5B4357BD5\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n Subsection (c) of section 162 of the Internal Revenue\n\t\t\t Code of 1986 (relating to illegal bribes, kickbacks, and other payments) is\n\t\t\t amended by adding at the end the following new paragraph:\n </text>\n <quoted-block id=\"H0D2814AF5C364809882827897640C724\" style=\"OLC\">\n <paragraph id=\"H1C7895315B5245D79899261F2E5E89BA\">\n <enum>\n (4)\n </enum>\n <header>\n Wages paid to or\n\t\t\t\ton behalf of unauthorized aliens\n </header>\n <subparagraph id=\"H0517BF1CCA6542E380FEA822AC1D3D3A\">\n <enum>\n (A)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n No deduction shall be allowed under subsection (a) for\n\t\t\t\tany wage paid to or on behalf of an unauthorized alien, as defined under\n\t\t\t\tsection 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C.\n\t\t\t\t1324a(h)(3)).\n </text>\n </subparagraph>\n <subparagraph id=\"HA4E03FCFFA5C4A52A3CFDF4D5D40CCDE\">\n <enum>\n (B)\n </enum>\n <header>\n Wages\n </header>\n <text>\n For\n\t\t\t\tthe purposes of this paragraph, the term\n <term>\n wages\n </term>\n means all\n\t\t\t\tremuneration for employment, including the cash value of all remuneration\n\t\t\t\t(including benefits) paid in any medium other than cash.\n </text>\n </subparagraph>\n <subparagraph id=\"H068E4D010CFC40D0AEBB96632EA66C72\">\n <enum>\n (C)\n </enum>\n <header>\n Safe\n\t\t\t\tharbor\n </header>\n <text>\n If a person or other entity is participating in the\n\t\t\t\tE-Verify Program described in section 403 of the Illegal Immigration Reform and\n\t\t\t\tImmigrant Responsibility Act of 1996 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/8/1324a\">\n 8 U.S.C. 1324a\n </external-xref>\n note) and obtains\n\t\t\t\tconfirmation of identity and employment eligibility in compliance with the\n\t\t\t\tterms and conditions of the program with respect to the hiring (or recruitment\n\t\t\t\tor referral) of an employee, subparagraph (A) shall not apply with respect to\n\t\t\t\twages paid to such\n\t\t\t\temployee.\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HB33FFF3C3A3A4A71A6CD82BFDCE16DE5\">\n <enum>\n (b)\n </enum>\n <header>\n Six-Year\n\t\t\t limitation on assessment and collection\n </header>\n <text>\n Subsection (c) of section\n\t\t\t 6501 of such Code (relating to exceptions) is amended by adding at the end the\n\t\t\t following new paragraph:\n </text>\n <quoted-block id=\"HAF8F60512AE947E0AFB33D484BEDECBA\" style=\"OLC\">\n <paragraph id=\"H7EE3697AB85A48708CD5BE466509A865\">\n <enum>\n (12)\n </enum>\n <header>\n Deduction\n\t\t\t\tclaimed for wages paid to unauthorized aliens\n </header>\n <text>\n In the case of a\n\t\t\t\treturn of tax on which a deduction is shown in violation of section 162(c)(4),\n\t\t\t\tany tax under chapter 1 may be assessed, or a proceeding in court for the\n\t\t\t\tcollection of such tax may be begun without assessment, at any time within 6\n\t\t\t\tyears after the return was\n\t\t\t\tfiled.\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H50A04742BB564FF5BAAA7C9B67AC703A\">\n <enum>\n (c)\n </enum>\n <header>\n Use of\n\t\t\t documentation for enforcement purposes\n </header>\n <text>\n Section 274A of the\n\t\t\t Immigration and Nationality Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/8/1324a\">\n 8 U.S.C. 1324a\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HC524AE22D8064BA386CFA376FD155911\">\n <enum>\n (1)\n </enum>\n <text>\n in subparagraph\n\t\t\t (b)(5), by inserting\n <quote>\n , section 162(c)(4) of the Internal Revenue Code of\n\t\t\t 1986,\n </quote>\n after\n <quote>\n enforcement of this Act\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H5020CAFC0EC34BC6B53158B9D07762C7\">\n <enum>\n (2)\n </enum>\n <text>\n in subparagraph\n\t\t\t (d)(2)(F), by inserting\n <quote>\n , section 162(c)(4) of the Internal Revenue Code\n\t\t\t of 1986,\n </quote>\n after\n <quote>\n enforcement of this Act\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H0AB0883EC77C489682C385A751C92405\">\n <enum>\n (3)\n </enum>\n <text>\n in subparagraph\n\t\t\t (d)(2)(G), by inserting\n <quote>\n section 162(c)(4) of the Internal Revenue Code\n\t\t\t of 1986 or\n </quote>\n after\n <quote>\n or enforcement of\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H98D2536CC6684DEEA8EE72028A303439\">\n <enum>\n (d)\n </enum>\n <header>\n Availability of\n\t\t\t information\n </header>\n <paragraph id=\"H3505D61EA3ED41FCB8BC6A4F5F9FFB30\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n The Commissioner of Social Security, the Secretary of the\n\t\t\t Department of Homeland Security, and the Secretary of the Treasury, shall\n\t\t\t jointly establish a program to share information among such agencies that may\n\t\t\t or could lead to the identification of unauthorized aliens (as defined under\n\t\t\t section 274A(h)(3) of the Immigration and Nationality Act), including any\n\t\t\t no-match letter, any information in the earnings suspense file, and any\n\t\t\t information in the investigation and enforcement of section 162(c)(4) of the\n\t\t\t Internal Revenue Code of 1986.\n </text>\n </paragraph>\n <paragraph id=\"H0E34DCD165244B47A3802AFD3D92B75C\">\n <enum>\n (2)\n </enum>\n <header>\n Disclosure by\n\t\t\t Secretary of the Treasury\n </header>\n <subparagraph id=\"H4A4404D6DB4D4FCE9B8AADF3CB1A45DD\">\n <enum>\n (A)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n Subsection (i) of section 6103 of the Internal Revenue\n\t\t\t Code of 1986 is amended by adding at the end the following new\n\t\t\t paragraph:\n </text>\n <quoted-block id=\"H3751C1EFD8B04B6BA0A74F9F2C7B9C08\" style=\"OLC\">\n <paragraph id=\"HA27B2324CACD4A12A5968436921E010A\">\n <enum>\n (9)\n </enum>\n <header>\n Payment of wages\n\t\t\t\tto unauthorized aliens\n </header>\n <text>\n Upon request from the Commissioner of the\n\t\t\t\tSocial Security Administration or the Secretary of the Department of Homeland\n\t\t\t\tSecurity, the Secretary shall disclose to officers and employees of such\n\t\t\t\tAdministration or Department—\n </text>\n <subparagraph id=\"H2279825378DF49F98508686183C97257\">\n <enum>\n (A)\n </enum>\n <text>\n taxpayer identity\n\t\t\t\tinformation of employers who paid wages with respect to which a deduction was\n\t\t\t\tnot allowed by reason of section 162(c)(4), and\n </text>\n </subparagraph>\n <subparagraph id=\"H8DCC8D90510A4C1D8D85C989FF05D4F4\">\n <enum>\n (B)\n </enum>\n <text>\n taxpayer identity\n\t\t\t\tinformation of individuals to whom such wages were paid, for purposes of\n\t\t\t\tcarrying out any enforcement activities of such Administration or Department\n\t\t\t\twith respect to such employers or\n\t\t\t\tindividuals.\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H48C4CC525D864F658D03A02044984C7E\">\n <enum>\n (B)\n </enum>\n <header>\n Recordkeeping\n </header>\n <text>\n Paragraph\n\t\t\t (4) of section 6103(p) of such Code is amended—\n </text>\n <clause id=\"H9D8DAAB37E404C9D909699BCF062B966\">\n <enum>\n (i)\n </enum>\n <text>\n by\n\t\t\t striking\n <quote>\n (5), or (7)\n </quote>\n in the matter preceding subparagraph (A)\n\t\t\t and inserting\n <quote>\n (5), (7), or (9)\n </quote>\n , and\n </text>\n </clause>\n <clause id=\"H8F22EF92527848C7BC3F147C1B7B29DC\">\n <enum>\n (ii)\n </enum>\n <text>\n by\n\t\t\t striking\n <quote>\n (5) or (7)\n </quote>\n in subparagraph (F)(ii) and inserting\n <quote>\n (5), (7), or (9)\n </quote>\n .\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H0CCFD670DAEB41AEB96AFDE443A2F697\">\n <enum>\n (e)\n </enum>\n <header>\n Effective\n\t\t\t date\n </header>\n <paragraph id=\"HF03680F6DE764D5ABD0BE054CDD8351E\">\n <enum>\n (1)\n </enum>\n <text>\n Except as provided\n\t\t\t in paragraph (2), this Act and the amendments made by this Act shall take\n\t\t\t effect on the date of the enactment of this Act.\n </text>\n </paragraph>\n <paragraph id=\"H757C968B1CFD4E6E800FCF88BEC376D2\">\n <enum>\n (2)\n </enum>\n <text>\n The amendments\n\t\t\t made by subsections (a) and (b) shall apply to taxable years beginning after\n\t\t\t December 31, 2013.\n </text>\n </paragraph>\n </subsection>\n </section>\n </subtitle>\n \n \n <enum>\n III\n </enum>\n <header>\n Enhancing and\n\t\t\t Utilizing Current Interior Enforcement Methods\n </header>\n <section id=\"H4B26837DF9E14F4EB22FC00A0A74F7AC\">\n <enum>\n 301.\n </enum>\n <header>\n Increase\n\t\t\t investigative efforts\n </header>\n <subsection id=\"H14B3539C1D564C96AB7A070A02607C50\">\n <enum>\n (a)\n </enum>\n <header>\n Federal\n\t\t\t agents\n </header>\n <text>\n An increase of personnel and resources will be needed to\n\t\t\t successfully enforce U.S. immigration laws and punish those who violate them.\n\t\t\t To this end, sufficient funds are authorized to be appropriated to employ 1,150\n\t\t\t additional Immigration and Customs Enforcement Agents.\n </text>\n </subsection>\n <subsection id=\"HBEC8505CD99D4373B5F37E8A2899091C\">\n <enum>\n (b)\n </enum>\n <header>\n Criminal alien\n\t\t\t program (CAP)\n </header>\n <text>\n An additional 140 CAP officers are authorized to\n\t\t\t identify and remove criminal aliens encountered in Federal, State, and local\n\t\t\t detention facilities.\n </text>\n </subsection>\n <subsection id=\"HE2B9908A3A9C4C8885A9E48A03563471\">\n <enum>\n (c)\n </enum>\n <header>\n State and local\n\t\t\t law enforcement support\n </header>\n <text>\n The Secretary of Homeland Security shall\n\t\t\t take necessary steps to allow for the training of a minimum of 250 State and\n\t\t\t local law enforcement officers in Federal immigration law enforcement\n\t\t\t procedure. This would be an expansion of an already active and successful\n\t\t\t program.\n </text>\n </subsection>\n </section>\n <section id=\"H159DB25F40C34C4D82E4811B8F87A8B1\">\n <enum>\n 302.\n </enum>\n <header>\n Increased\n\t\t\t oversight of agents\n </header>\n <text display-inline=\"no-display-inline\">\n To ensure\n\t\t\t the ability of Immigration and Customs Enforcement (ICE) and Customs and Border\n\t\t\t Patrol (CBP) to enforce integrity and ethical behavior throughout their\n\t\t\t expanded ranks, the Secretary of Homeland Security shall add no fewer than 8\n\t\t\t Special Agents to the Office of Professional Responsibility.\n </text>\n </section>\n <section id=\"H5CC047EAAECD472B87B99CE1AA1C799F\">\n <enum>\n 303.\n </enum>\n <header>\n Border relief\n\t\t\t grant program\n </header>\n <subsection id=\"H5809E24387F74B22813DFB1030700184\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t General\n </header>\n <text>\n From amounts made available under section 304, the\n\t\t\t Secretary of Homeland Security may make grants to—\n </text>\n <paragraph id=\"H5278E36074414B588982C3F5A7E1A3F6\">\n <enum>\n (1)\n </enum>\n <text>\n sheriffs’ offices\n\t\t\t of counties any part of which is within 25 miles of the southern border of the\n\t\t\t United States; and\n </text>\n </paragraph>\n <paragraph id=\"H64686218B8734DD7860C2B08B56FB958\">\n <enum>\n (2)\n </enum>\n <text>\n police departments\n\t\t\t serving a city, town, or other political subdivision in a county any part of\n\t\t\t which is within 25 miles of the southern border of the United States (including\n\t\t\t tribal police departments serving a community any part of which is within 25\n\t\t\t miles of such border).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HF67E849DABE842BD8CF134929BD59DC7\">\n <enum>\n (b)\n </enum>\n <header>\n Use of\n\t\t\t Funds\n </header>\n <paragraph id=\"H87D1B8757A754A3982A6D2A0CEFF5093\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n Grant funds received under subsection (a) may be used for\n\t\t\t the following:\n </text>\n <subparagraph id=\"H3BF02CA5D7A44A3192151912B7FB91D5\">\n <enum>\n (A)\n </enum>\n <text>\n To conduct law\n\t\t\t enforcement operations in order to enforce criminal laws, prevent and punish\n\t\t\t criminal activity, and protect the lives, property, and security of the people\n\t\t\t within the jurisdiction of the grant recipient.\n </text>\n </subparagraph>\n <subparagraph id=\"HB63BF76A43744B4DBD755AD63ED60E3E\">\n <enum>\n (B)\n </enum>\n <text>\n To transfer aliens\n\t\t\t detained or in the custody of the grant recipient who are not lawfully present\n\t\t\t in the United States to appropriate Federal law enforcement officials.\n </text>\n </subparagraph>\n <subparagraph id=\"HC9564CDCE47B43BBA467202D10335159\">\n <enum>\n (C)\n </enum>\n <text>\n To enforce State\n\t\t\t and Federal laws relating to controlled substance trafficking and enforce other\n\t\t\t State and Federal criminal laws.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H9DEAB5225D61436790C3249B4EAA9F12\">\n <enum>\n (2)\n </enum>\n <header>\n Payment of\n\t\t\t costs\n </header>\n <text>\n Use of funds under paragraph (1) shall include payment for\n\t\t\t costs of—\n </text>\n <subparagraph id=\"HF308FD77FD4C43C9B2679FE1729254AB\">\n <enum>\n (A)\n </enum>\n <text>\n hiring, equipping,\n\t\t\t training, and otherwise controlling the operations and deployment of, law\n\t\t\t enforcement officials engaged in duties described in paragraph (1), as well as\n\t\t\t the costs of paying overtime to such officials; and\n </text>\n </subparagraph>\n <subparagraph id=\"HF0DC01EA57DC47A4A5F75108C68EBBE6\">\n <enum>\n (B)\n </enum>\n <text>\n detaining,\n\t\t\t housing, and transporting aliens who are not lawfully present in the United\n\t\t\t States, and who are taken into custody by the grant recipient, until the aliens\n\t\t\t are transferred to appropriate Federal law enforcement officials.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H3B4D64B90DEE480A8070CDB166031E73\">\n <enum>\n (3)\n </enum>\n <header>\n Detention\n\t\t\t facilities\n </header>\n <text>\n In accordance with paragraph (2)(B), grant funds\n\t\t\t received under subsection (a) may be used for the construction, maintenance,\n\t\t\t and operation of detention facilities to detain aliens who are unlawfully\n\t\t\t present in the United States, except that not more than 20 percent of such\n\t\t\t funds may be used for the construction or renovation of detention or similar\n\t\t\t facilities.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H401EAC2E7AD84D609141DA49A7B0B0C6\">\n <enum>\n (c)\n </enum>\n <header>\n Application\n </header>\n <paragraph id=\"H6D16E1E51B084332B471430055D8CF7F\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n Each eligible law enforcement agency seeking a grant\n\t\t\t under this section shall submit an application to the Secretary of Homeland\n\t\t\t Security at such time, in such manner, and accompanied by such information as\n\t\t\t the Secretary of Homeland Security may reasonably require.\n </text>\n </paragraph>\n <paragraph id=\"HDD6244E895604324A49AEA75F2EF6F7C\">\n <enum>\n (2)\n </enum>\n <header>\n Contents\n </header>\n <text>\n Each\n\t\t\t application submitted pursuant to paragraph (1) shall—\n </text>\n <subparagraph id=\"HB6425D0535B04C32B0F2AC96552EF5C2\">\n <enum>\n (A)\n </enum>\n <text>\n describe the\n\t\t\t activities for which assistance under this section is sought; and\n </text>\n </subparagraph>\n <subparagraph id=\"H7E1D9C21308D433782C029F2B5196537\">\n <enum>\n (B)\n </enum>\n <text>\n provide such\n\t\t\t additional assurances as the Secretary of Homeland Security determines to be\n\t\t\t essential to ensure compliance with the requirements of this section.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H8E745B0797E54612B1C03EC50E59FF06\">\n <enum>\n 304.\n </enum>\n <header>\n Authorization\n\t\t\t of appropriations\n </header>\n <text display-inline=\"no-display-inline\">\n There are\n\t\t\t authorized to be appropriated to the Secretary of Homeland Security to carry\n\t\t\t out this section $200,000,000 for fiscal year 2014 and each succeeding fiscal\n\t\t\t year.\n </text>\n </section>\n <section id=\"H898E3B45DCE44E318B3DC432F44F3C41\">\n <enum>\n 305.\n </enum>\n <header>\n Regulations\n </header>\n <text display-inline=\"no-display-inline\">\n Not later than 90 days after the date of the\n\t\t\t enactment of this Act, the Secretary of Homeland Security shall issue\n\t\t\t regulations to carry out this Act.\n </text>\n </section>\n <section id=\"HE8C3203B60DE4EBBA471A36FC0D0A5E4\">\n <enum>\n 306.\n </enum>\n <header>\n Rewards\n\t\t\t program\n </header>\n <subsection id=\"H9B5FC331DAE34E66B778B242A31311E7\">\n <enum>\n (a)\n </enum>\n <header>\n Rewards\n\t\t\t program\n </header>\n <text>\n Section 274 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/8/1324\">\n 8 U.S.C. 1324\n </external-xref>\n ) is amended by adding at the\n\t\t\t end the following:\n </text>\n <quoted-block id=\"H270B5FCDB34D45A783491088819BE245\" style=\"OLC\">\n <subsection id=\"H4625C8F1E33544529324BACECEBAB85F\">\n <enum>\n (f)\n </enum>\n <header>\n Rewards\n\t\t\t\tprogram\n </header>\n <paragraph id=\"H25AA61F6AAFF4F379ED9CA4C15CAE033\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n There is established in the Department of Homeland\n\t\t\t\tSecurity a program for the payment of rewards to carry out the purposes of this\n\t\t\t\tsection.\n </text>\n </paragraph>\n <paragraph id=\"H271D047D15E34D72836A96F9C5B55C75\">\n <enum>\n (2)\n </enum>\n <header>\n Purpose\n </header>\n <text>\n The\n\t\t\t\trewards program shall be designed to assist in the elimination of commercial\n\t\t\t\toperations to produce or sell fraudulent documents to be used for entering or\n\t\t\t\tremaining in the United States unlawfully and to assist in the investigation,\n\t\t\t\tprosecution, or disruption of a commercial alien smuggling operation.\n </text>\n </paragraph>\n <paragraph id=\"H7171B83340E346DE8A72DA7FDEC2C398\">\n <enum>\n (3)\n </enum>\n <header>\n Administration\n </header>\n <text>\n The\n\t\t\t\trewards program shall be administered by the Secretary of Homeland Security, in\n\t\t\t\tconsultation, as appropriate, with the Attorney General and the Secretary of\n\t\t\t\tState.\n </text>\n </paragraph>\n <paragraph id=\"H2164344842A4453DBA1EEC51A1D2130A\">\n <enum>\n (4)\n </enum>\n <header>\n Rewards\n\t\t\t\tauthorized\n </header>\n <text>\n In the sole discretion of the Secretary of Homeland\n\t\t\t\tSecurity, such Secretary, in consultation, as appropriate, with the Attorney\n\t\t\t\tGeneral and the Secretary of State, may pay a reward to any individual who\n\t\t\t\tfurnishes information or testimony leading to—\n </text>\n <subparagraph id=\"HAEF0D445D96644908AEB586719CBB99A\">\n <enum>\n (A)\n </enum>\n <text>\n the arrest or\n\t\t\t\tconviction of any individual conspiring or attempting to produce or sell\n\t\t\t\tfraudulent documents to be used for entering or remaining in the United States\n\t\t\t\tunlawfully or to commit an act of commercial alien smuggling involving the\n\t\t\t\ttransportation of aliens;\n </text>\n </subparagraph>\n <subparagraph id=\"HBD7CD406619B4E9D8771922C8E5E98B6\">\n <enum>\n (B)\n </enum>\n <text>\n the arrest or\n\t\t\t\tconviction of any individual committing such an act;\n </text>\n </subparagraph>\n <subparagraph id=\"H090FB7A61DBC41F7962FA1BF85A15D11\">\n <enum>\n (C)\n </enum>\n <text>\n the arrest or\n\t\t\t\tconviction of any individual aiding or abetting the commission of such an\n\t\t\t\tact;\n </text>\n </subparagraph>\n <subparagraph id=\"H2525179589AD4891A0A1FD88415FBF16\">\n <enum>\n (D)\n </enum>\n <text>\n the prevention,\n\t\t\t\tfrustration, or favorable resolution of such an act, including the dismantling\n\t\t\t\tof an operation to produce or sell fraudulent documents to be used for entering\n\t\t\t\tor remaining in the United States, or commercial alien smuggling operations, in\n\t\t\t\twhole or in significant part; or\n </text>\n </subparagraph>\n <subparagraph id=\"H90D817E2717447F387CE7A63E7A5FB89\">\n <enum>\n (E)\n </enum>\n <text>\n the identification\n\t\t\t\tor location of an individual who holds a key leadership position in an\n\t\t\t\toperation to produce or sell fraudulent documents to be used for entering or\n\t\t\t\tremaining in the United States unlawfully or a commercial alien smuggling\n\t\t\t\toperation involving the transportation of aliens.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HB567CAA987F24B71AD0698C2F922E774\">\n <enum>\n (5)\n </enum>\n <header>\n Authorization of\n\t\t\t\tAppropriations\n </header>\n <text>\n There are authorized to be appropriated such sums\n\t\t\t\tas may be necessary to carry out this subsection. Amounts appropriated under\n\t\t\t\tthis paragraph shall remain available until expended.\n </text>\n </paragraph>\n <paragraph id=\"H4149F719D57F4A9FA3065529B034894D\">\n <enum>\n (6)\n </enum>\n <header>\n Ineligibility\n </header>\n <text>\n An\n\t\t\t\tofficer or employee of any Federal, State, local, or foreign government who,\n\t\t\t\twhile in performance of his or her official duties, furnishes information\n\t\t\t\tdescribed in paragraph (4) shall not be eligible for a reward under this\n\t\t\t\tsubsection for such furnishing.\n </text>\n </paragraph>\n <paragraph id=\"H9E95625F2E1D4A89848EB0E96823D4AB\">\n <enum>\n (7)\n </enum>\n <header>\n Protection\n\t\t\t\tmeasures\n </header>\n <text>\n If the Secretary of Homeland Security, the Secretary of\n\t\t\t\tState, or the Attorney General determines that an individual who furnishes\n\t\t\t\tinformation or testimony described in paragraph (4), or any spouse, child,\n\t\t\t\tparent, son, or daughter of such an individual, must be protected, such\n\t\t\t\tofficial may take such lawful action as the official considers necessary to\n\t\t\t\teffect such protection.\n </text>\n </paragraph>\n <paragraph id=\"H497EB65F422F479B91BB8B3B011D2187\">\n <enum>\n (8)\n </enum>\n <header>\n Limitations and\n\t\t\t\tcertification\n </header>\n <subparagraph id=\"H589F857F7F7A406EB62966364DADF709\">\n <enum>\n (A)\n </enum>\n <header>\n Maximum\n\t\t\t\tamount\n </header>\n <text>\n No reward under this subsection may exceed\n\t\t\t\t$100,000.\n </text>\n </subparagraph>\n <subparagraph id=\"H99B8F1E20B9D4A909685F4A050D37DC4\">\n <enum>\n (B)\n </enum>\n <header>\n Approval\n </header>\n <text>\n Any\n\t\t\t\treward under this subsection exceeding $50,000 shall be personally approved by\n\t\t\t\tthe Secretary of Homeland Security.\n </text>\n </subparagraph>\n <subparagraph id=\"H71B57B3CBDE943D89764EA998D4CCFE7\">\n <enum>\n (C)\n </enum>\n <header>\n Certification\n\t\t\t\tfor payment\n </header>\n <text>\n Any reward granted under this subsection shall be\n\t\t\t\tcertified for payment by the Secretary of Homeland Security.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H5B4AE7C4807842839B156736B35D5CDD\">\n <enum>\n (9)\n </enum>\n <header>\n Publicity\n </header>\n <text>\n The\n\t\t\t\tDepartment of Homeland Security shall be responsible for developing and\n\t\t\t\timplementing an advertising strategy to make known the rewards described within\n\t\t\t\tthis section in order to solicit\n\t\t\t\tinformants.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n </section>\n <section id=\"HCB5FC00701A948D298AF26A30C573229\">\n <enum>\n 307.\n </enum>\n <header>\n Increased\n\t\t\t detention facilities for aliens apprehended for illegal entry\n </header>\n <subsection id=\"H09B3B38C52BD437F92E91019BABA55FE\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n The Secretary of Homeland Security shall make\n\t\t\t arrangements for the availability of 8,000 additional beds for detaining aliens\n\t\t\t taken into custody by immigration officials.\n </text>\n </subsection>\n <subsection id=\"HD668CF98F2F64067A19082999458CC77\">\n <enum>\n (b)\n </enum>\n <header>\n Implementation\n </header>\n <text>\n Efforts\n\t\t\t shall be made to—\n </text>\n <paragraph id=\"HD4E4F0208A564A559CD2DC99C5771F55\">\n <enum>\n (1)\n </enum>\n <text>\n contract private\n\t\t\t facilities whenever possible to promote efficient use and to limit the Federal\n\t\t\t Government’s maintenance of and liability for additional infrastructure;\n </text>\n </paragraph>\n <paragraph id=\"HC65AC540C17146F8AFA07C0E8498CEE6\">\n <enum>\n (2)\n </enum>\n <text>\n utilize State and\n\t\t\t local facilities for the provision of additional beds; and\n </text>\n </paragraph>\n <paragraph id=\"H86DAEDF24E4A4B2FBD3673DD14DC4E35\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n utilize BRAC facilities or active duty\n\t\t\t facilities.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H516C055470594687B1E9D1FB454B599B\">\n <enum>\n (c)\n </enum>\n <header>\n Construction\n </header>\n <text>\n The\n\t\t\t Department of Homeland Security shall construct facilities as necessary to meet\n\t\t\t the remainder of the 8,000 new beds to be provided.\n </text>\n </subsection>\n <subsection id=\"H2E13BC1A74934D71B152690794498727\">\n <enum>\n (d)\n </enum>\n <header>\n Responsibilities\n </header>\n <text display-inline=\"yes-display-inline\">\n The Secretary of Homeland Security shall be\n\t\t\t responsible for providing humane conditions, health care, nutrition, and\n\t\t\t psychological services, as well as education for minors.\n </text>\n </subsection>\n <subsection id=\"H6B734F36DBC74B8BB6273CCFC0EE8C45\">\n <enum>\n (e)\n </enum>\n <header>\n Authorization\n </header>\n <text>\n All\n\t\t\t funds necessary to accomplish the directives within this section are authorized\n\t\t\t to be appropriated.\n </text>\n </subsection>\n </section>\n <section id=\"H6E0508B0DBE143B28291EB15D86DD306\">\n <enum>\n 308.\n </enum>\n <header>\n Additional\n\t\t\t Immigration Judgeships and law clerks\n </header>\n <subsection id=\"H6DBBC31AA8A949E68AF986C315BAC713\">\n <enum>\n (a)\n </enum>\n <header>\n Judgeships\n </header>\n <text display-inline=\"yes-display-inline\">\n The Attorney General shall create and fill\n\t\t\t twenty additional Immigration Judgeships within 6 months after the date of\n\t\t\t enactment of this Act.\n </text>\n </subsection>\n <subsection id=\"HA2103909CE844D909F374C8CC7D7B9C2\">\n <enum>\n (b)\n </enum>\n <header>\n Clerkships\n </header>\n <text>\n The\n\t\t\t Attorney General shall also ensure that for every two Immigration Judges there\n\t\t\t shall be no fewer than one law clerk dedicated to assisting Immigration\n\t\t\t Judges.\n </text>\n </subsection>\n </section>\n <section id=\"H3CE0FC47957C46CA89B8237B1E88C5D1\">\n <enum>\n 309.\n </enum>\n <header>\n Media\n\t\t\t campaign\n </header>\n <subsection id=\"H278A33E9318E42E08910DED4B235E046\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n The Secretary of Labor and the Secretary of Homeland\n\t\t\t Security shall develop strategies to inform the public of changes in\n\t\t\t immigration policies created by provisions in this legislation.\n </text>\n </subsection>\n <subsection id=\"HADBCA57AC2CC4A009B355B655D3D6750\">\n <enum>\n (b)\n </enum>\n <header>\n Notification of\n\t\t\t changes to employment verification process\n </header>\n <text>\n The Secretary of Labor\n\t\t\t shall employ, at his or her discretion, a combination of multilingual print,\n\t\t\t television, Internet, and radio media to notify employers of changes to the\n\t\t\t employment verification process. Announcements should encourage compliance with\n\t\t\t new legislation and should explain penalties for noncompliance with provisions\n\t\t\t within this Act.\n </text>\n </subsection>\n <subsection id=\"HCE0DC453D41F4035BE1FF5AEB55B4248\">\n <enum>\n (c)\n </enum>\n <header>\n Multilingual\n\t\t\t media campaign\n </header>\n <text>\n The Secretary of Homeland Security shall also\n\t\t\t develop a multilingual media campaign explaining the extent of this\n\t\t\t legislation, the timelines therein, and the penalties for noncompliance with\n\t\t\t this Act. Announcements should be targeted toward undocumented aliens and\n\t\t\t should emphasize—\n </text>\n <paragraph id=\"H118F10F0DA714F5FA3EF9E6B4144B1C4\">\n <enum>\n (1)\n </enum>\n <text>\n provisions in this\n\t\t\t Act that enhance border security and interior enforcement;\n </text>\n </paragraph>\n <paragraph id=\"H98F5935E953A4A8ABD6265C51B607130\">\n <enum>\n (2)\n </enum>\n <text>\n punishment for\n\t\t\t apprehension and forced removal of undocumented aliens; and\n </text>\n </paragraph>\n <paragraph id=\"HAF61A20771244B57A7404535CDB447CB\">\n <enum>\n (3)\n </enum>\n <text>\n legal methods of\n\t\t\t reentering the United States, including temporary work visas.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HC6A3215FB6C540EFA245749F82E28D29\">\n <enum>\n (d)\n </enum>\n <header>\n Cooperation with\n\t\t\t other governments\n </header>\n <text>\n The Secretary of Homeland Security shall make\n\t\t\t all reasonable attempts to cooperate with the governments of the countries from\n\t\t\t which the largest number of undocumented aliens originate in the implementation\n\t\t\t of this media campaign.\n </text>\n </subsection>\n </section>\n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 830 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Graves of Missouri (for himself, Mr. Nunnelee , Mrs. Hartzler , Mr. Hall , and Mr. Rohrabacher ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committees on the Judiciary , Ways and Means , Education and the Workforce , Oversight and Government Reform , Armed Services , Agriculture , and Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide immigration reform by securing America’s borders, clarifying and enforcing existing laws, and enabling a practical employer verification program.\n\n1. Short title; table of contents (a) Short title This Act may be cited as the Secure America Through Verification and Enforcement Act of 2013 or as the SAVE Act of 2013 . (b) Table of Contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Securing America’s International Borders Subtitle A—Manpower, Technology, and Infrastructure Improvements Sec. 101. Manpower. Sec. 102. Technology. Sec. 103. Infrastructure. Sec. 104. Aerial vehicles and surveillance systems. Subtitle B—Strategies and Progress Reports for Securing America’s Borders Sec. 111. National strategy to secure the borders. Sec. 112. Accountable financing of a secure border initiative. Subtitle C—Rapid Response Measures Sec. 121. Deployment of border patrol agents. Sec. 122. Border patrol major assets. Sec. 123. Electronic equipment. Sec. 124. Personal equipment. Sec. 125. Authorization of appropriations. Subtitle D—Border Infrastructure and Technology Modernization Sec. 131. Definitions. Sec. 132. Expansion of commerce security programs. Subtitle E—Other Border Security Initiatives Sec. 141. Alien smuggling and terrorism prevention. Sec. 142. Border security on certain Federal land. Title II—Ending Unlawful Employment Subtitle A—Employee Verification Sec. 201. Mandatory employment authorization verification. Sec. 202. Monitoring and compliance. Sec. 203. Mandatory notification of SSN mismatches and multiple uses. Sec. 204. Establishment of electronic birth and death registration systems. Sec. 205. Penalty for failure to file correct information returns. Sec. 206. Authorization of appropriations. Subtitle B—Nondeductibility of Wages Paid to Unauthorized Aliens Sec. 211. Clarification that wages paid to unauthorized aliens may not be deducted from gross income. Title III—Enhancing and Utilizing Current Interior Enforcement Methods Sec. 301. Increase investigative efforts. Sec. 302. Increased oversight of agents. Sec. 303. Border relief grant program. Sec. 304. Authorization of appropriations. Sec. 305. Regulations. Sec. 306. Rewards program. Sec. 307. Increased detention facilities for aliens apprehended for illegal entry. Sec. 308. Additional Immigration Judgeships and law clerks. Sec. 309. Media campaign. I Securing America’s International Borders A Manpower, Technology, and Infrastructure Improvements 101. Manpower (a) Border patrol agents Section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ; 118 Stat. 3734) is amended to read as follows: 5202. Increase in full-time border patrol agents (a) Annual increases The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time active-duty Border Patrol agents within the Department of Homeland Security (above the number of positions for which funds were appropriated for the preceding fiscal year), by— (1) 1,500 in fiscal year 2014; (2) 1,000 in fiscal year 2015; (3) 1,000 in fiscal year 2016; (4) 1,000 in fiscal year 2017; and (5) 500 in fiscal year 2018. (b) Allocations Of the Border Patrol agents hired under subsection (a), 80 percent shall be deployed along the southern border of the United States and 20 percent shall be deployed along the northern border of the United States. (c) Authorization of appropriations The necessary funds are authorized to be appropriated for each of fiscal years 2014 through 2018 to carry out this section. . (b) Investigative personnel (1) Additional investigative personnel for alien smuggling In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by paragraph (1), during each of the fiscal years 2014 through 2018, the Secretary shall, subject to the availability of appropriations, increase by not less than 350 the number of positions for personnel within the Department assigned to specifically investigate alien smuggling. (2) Additional funds and personnel for the tunnel task force Subject to appropriations, the fiscal year 2014 budget of the Tunnel Task Force, a joint force comprised of Immigration and Customs Enforcement (ICE), Customs and Border Patrol (CBP), and Drug Enforcement Administration (DEA) personnel tasked to pinpoint tunnels that are utilized by drug lords and coyotes to smuggle narcotics, illegal aliens, and weapons, shall be increased by 50 percent above the fiscal year 2007 budget. Such increase shall be used to increase personnel, improve communication and coordination between participant agencies, upgrade technology, and offer cash rewards and appropriate security to individuals who provide the Tunnel Task Force with accurate information on existing tunnels that breach the international borders of the United States. (3) Authorization of appropriations The necessary funds are authorized to be appropriated to the Secretary for each of the fiscal years 2014 through 2018 to carry out this section. (c) Recruitment of former members of the armed forces and members of reserve components of the armed forces (1) Requirement for program The Secretary, in conjunction with the Secretary of Defense, shall establish a program to actively recruit covered members (a member of a reserve component of the Armed Forces) or former members of the Armed Forces and National Guard to serve in United States Customs and Border Protection. (2) Report on recruitment incentives Not later than 90 days after the date of enactment of this Act, the Secretary and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report that shall include an assessment of the desirability and feasibility of offering an incentive to a covered member or former member of the Armed Forces for the purpose of encouraging such member to serve in United States Customs and Border Patrol and Immigration and Customs Enforcement— (A) the Secretary must provide a description of various monetary and non-monetary incentives considered for purposes of the report; and (B) the Secretary must provide an assessment of the desirability and feasibility of utilizing any such incentive. (3) Recommendations for recruitment incentives (A) Maximum student loan repayments for united states border patrol agents with a two-year commitment Section 5379(b) of title 5, United States Code, is amended by adding at the end the following: (4) In the case of an employee (otherwise eligible for benefits under this section) who is serving as a full-time active-duty United States Border Patrol agent within the Department of Homeland Security— (A) paragraph (2)(A) shall be applied by substituting $20,000 for $10,000 ; and (B) paragraph (2)(B) shall be applied by substituting $80,000 for $60,000 . . (B) Recruitment and relocation bonuses and retention allowances for personnel of the Department of Homeland Security The Secretary of Homeland Security shall ensure that the authority to pay recruitment and relocation bonuses under section 5753 of title 5, United States Code, the authority to pay retention bonuses under section 5754 of such title, and any other similar authorities available under any other provision of law, rule, or regulation, are exercised to the fullest extent allowable in order to encourage service in the Department of Homeland Security. (4) Definition The term appropriate committees of Congress means— (A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate. 102. Technology (a) Equipment Sharing between Department of Homeland Security and Department of Defense The Secretaries of these two departments shall develop and implement a plan to use authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, to increase the availability and use of Department of Defense equipment, including unmanned aerial vehicles, tethered aerostat radars, and other surveillance equipment, to assist the Secretary in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration. (b) Report Not later than 6 months after the date of enactment of this Act (and then annually from that point), the Secretary and the Secretary of Defense shall submit to Congress a report that contains— (1) a description of the current use of Department of Defense equipment to assist the Secretary in carrying out surveillance of the international land borders of the United States and assessment of the potential risks to citizens of the United States and key foreign policy interests associated with the use of such equipment; (2) the plan developed under subsection (a) to increase the use of Department of Defense equipment to assist such surveillance activities; and (3) a description of the types of equipment and other support to be provided by the Secretary of Defense under such plan during the 1-year period beginning on the date of the submission of the report. (c) Secure communication The Secretary shall, as expeditiously as practicable, develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure 2-way communication capabilities— (1) among all Border Patrol agents conducting operations between ports of entry; (2) between Border Patrol agents and their respective Border Patrol stations; and (3) between all appropriate law enforcement agencies of the Department and State, local, and tribal law enforcement agencies. (d) Other Technology Upgrades The Secretary shall purchase and implement new technology to secure the borders, including, but not limited to drones, infrared cameras, sensors, mobile lighting units, radar and infrared heat. (e) Authorization of Appropriations The necessary funds are authorized to be appropriated to the Secretary for each of the fiscal years 2014 through 2018 to carry out this section. 103. Infrastructure (a) Infrastructure Improvements Subject to the availability of appropriations, the Secretary shall construct or purchase— (1) office facilities to accommodate additional border patrol manpower; (2) sport utility vehicles for officers; (3) all-weather roads for better vehicle access and performance on remote and rugged terrain (road construction should be done in consultation with the owner of the land and take into account any environmental or other land-use issues that are relevant); (4) additional fencing (and aesthetic fencing in business districts) in urban areas of the border; and (5) vehicle barriers, to support, not replace, manpower, in rural and remote areas of the border necessary to achieve operational control of the international borders of the United States. (b) Authorization of appropriations The necessary funds are authorized to be appropriated to the Secretary for each of the fiscal years 2014 through 2018 to carry out this section. 104. Aerial vehicles and surveillance systems (a) Unmanned aerial vehicle pilot program During the 1-year period beginning on the date on which the report is submitted under section 102(b), the Secretary shall conduct a pilot program to test unmanned aerial vehicles for border surveillance along the international border between Canada and the United States. (b) Unmanned aerial vehicles and associated infrastructure The Secretary shall acquire and maintain unmanned aerial vehicles and related equipment for use to patrol the international borders of the United States, including equipment such as— (1) additional sensors; (2) satellite command and control; and (3) other necessary equipment for operational support. (c) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary for each of the fiscal years 2014 and 2015 such sums as may be necessary to carry out subsection (b). (2) Availability of funds Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) are authorized to remain available until expended. (d) Aerial surveillance program (1) In general In conjunction with the border surveillance plan developed under section 5201 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ; 8 U.S.C. 1701 note), the Secretary, not later than 90 days after the date of enactment of this Act, shall develop and implement a program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles, to enhance the security of the international border between the United States and Canada and the international border between the United States and Mexico. The goal of the program shall be to ensure continuous monitoring of each mile of each border. (2) Assessment and consultation requirements In developing the program under this subsection, the Secretary shall— (A) consider current and proposed aerial surveillance technologies; (B) assess the feasibility and advisability of utilizing such technologies to address border threats, including an assessment of the technologies considered best suited to address respective threats; (C) consult with the Secretary of Defense regarding any technologies or equipment, which the Secretary may deploy along an international border of the United States; and (D) consult with the Administrator of the Federal Aviation Administration regarding safety, airspace coordination and regulation, and any other issues necessary for implementation of the program. (3) Authorization of Appropriations The necessary funds are authorized to be appropriated to carry out this subsection. (e) Integrated and Automated Surveillance Program (1) Requirement for program Subject to the availability of appropriations, the Secretary shall establish a program to procure additional unmanned aerial vehicles, drones, cameras, poles, sensors, satellites, radar coverage, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a virtual fence along such international borders to provide a barrier to illegal immigration. (2) Program components The Secretary shall ensure, to the maximum extent feasible, that— (A) the technologies utilized in the Integrated and Automated Surveillance Program are integrated and function cohesively in an automated fashion, including the integration of motion sensor alerts and cameras in a manner where a sensor alert automatically activates a corresponding camera to pan and tilt in the direction of the triggered sensor; (B) cameras utilized in the program do not have to be manually operated; (C) such camera views and positions are not fixed; (D) surveillance video taken by such cameras is able to be viewed at multiple designated communications centers; (E) a standard process is used to collect and record, catalog, and report intrusion and response data collected under the Program; (F) future remote surveillance technology investments and upgrades for the program can be integrated with existing systems; (G) performance measures are developed and applied that can evaluate whether the program is providing desired results and increasing response effectiveness in monitoring and detecting illegal intrusions along the international borders of the United States; (H) plans are developed under the program to streamline site selection and site validation processes to minimize delays of installing surveillance technology infrastructure; (I) standards are developed under the program to expand the shared use of existing private and governmental structures to install remote surveillance technology infrastructure where possible; (J) standards are developed under the program to identify and deploy the use of nonpermanent or mobile surveillance platforms that will increase the Secretary’s mobility and ability to identify illegal border intrusions; and (K) Border Patrol agents respond to each reported intrusion that appears to involve aliens or smugglers. (3) Evaluation of contractors (A) Requirement for standards The Secretary shall develop appropriate standards to evaluate the performance of any contractor providing goods or services to carry out the Integrated and Automated Surveillance Program. (B) Review by the Comptroller General of the United States (i) In general The Comptroller General of the United States shall review each new contract related to the Program and should report to Congress regarding contracts with a value of more than $5,000,000 in a timely manner, to determine whether such contract fully complies with applicable cost requirements, performance objectives, program milestones, and schedules. (ii) Reports The Comptroller General of the United States shall report the findings of each review carried out under clause (i) to the Secretary in a timely manner. (4) Authorization of appropriations The necessary funds are authorized to be appropriated to carry out this subsection. B Strategies and Progress Reports for Securing America’s Borders 111. National strategy to secure the borders (a) Requirement for national strategy The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop a national strategy to secure the borders that describes actions to be carried out to achieve operational control over all ports of entry into the United States and the international land and maritime borders of the United States by December 31, 2019. (b) Content The national strategy to secure the borders shall include the following: (1) An assessment of the threats posed by terrorists and terrorist groups that may try to infiltrate the United States at locations along the international land and maritime borders of the United States. (2) A risk assessment for all United States ports of entry and all portions of the international land and maritime borders of the United States that includes a description of activities being undertaken— (A) to prevent the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States; and (B) to protect critical infrastructure at or near such ports of entry or borders. (3) An assessment of the most appropriate, practical, and cost-effective means of defending the international land and maritime borders of the United States against threats to security and illegal transit, including intelligence capacities, technology, equipment, personnel, and training needed to address security vulnerabilities. (4) An assessment of staffing needs for all border security functions, taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs, policies, and technologies. (5) A description of the border security roles and missions of Federal Government, State government, local government, and tribal authorities, and recommendations regarding actions the Secretary can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner. (6) An assessment of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on civil rights, private property rights, privacy rights, and civil liberties, including an assessment of efforts to take into account asylum seekers, trafficking victims, unaccompanied minor aliens, refugees and other vulnerable populations, as well as the effects on Americans living in the border region and local, State, and Federal law enforcement officers working in the border region. (7) A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States. (8) A description of ways to ensure that the free flow of lawful travel and commerce is not unreasonably diminished by efforts, activities, and programs aimed at securing the international land and maritime borders of the United States. (9) An assessment of additional detention facilities and beds that are needed to detain unlawful aliens apprehended at United States ports of entry or along the international land borders of the United States. (10) A description of the performance metrics to be used to ensure accountability by the bureaus of the Department in implementing such strategy. (11) A schedule for the implementation of the security measures described in said strategy, including a prioritization of security measures, realistic deadlines for addressing the security and enforcement needs, an estimate of the resources needed to carry out such measures, and a description of how such resources should be allocated. (c) Consultation In developing the national strategy for border security, the Secretary shall consult with representatives of— (1) State, local, and tribal governmental authorities with responsibility for locations along the international land and maritime borders of the United States; and (2) appropriate private sector entities, nongovernmental organizations, and affected communities that have expertise in areas related to border security. (d) Coordination The national strategy for border security shall be consistent with the National Strategy for Maritime Security developed pursuant to Homeland Security Presidential Directive 13, dated December 21, 2004. (e) Submission to Congress (1) Strategy Not later than December 31, 2014, the Secretary shall submit to Congress the national strategy for border security. (2) Updates The Secretary shall submit to Congress any update of such strategy that the Secretary determines is necessary, not later than 30 days after such update is developed. (f) Immediate Action Nothing in this section may be construed to relieve the Secretary of the responsibility to take all actions necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the United States. 112. Accountable financing of a secure border initiative (a) Comptroller General of the United States (1) Action If the Comptroller General of the United States becomes aware of any improper conduct or wrongdoing in the course of conducting a contract review under the Secure Border Initiative, the Comptroller General of the United States shall, as expeditiously as practicable, refer information relating to such improper conduct or wrongdoing to Congress and to the Secretary of Homeland Security, or to another appropriate official of the Department of Homeland Security, who shall determine whether to temporarily suspend the contractor from further participation in the Secure Border Initiative or make said contract null and void. (2) Report Upon the completion of each review described in paragraph (1), the Comptroller General of the United States shall submit to Congress and to the Secretary a report containing the findings of the review, including findings regarding— (A) cost overruns; (B) significant delays in contract execution; (C) lack of rigorous departmental contract management; (D) insufficient departmental financial oversight; (E) bundling that limits the ability of small businesses to compete; or (F) other high-risk business practices. (b) Reports by the Secretary (1) In general Not later than 30 days after the receipt of each report required under subsection (a)(2), the Secretary shall submit a report to the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate, that describes the steps the Secretary has taken, or plans to take, to address the problems identified in such report. (2) Contracts with foreign companies Not later than 60 days after the initiation of each contract action with a company whose headquarters are not based in the United States, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, regarding the Secure Border Initiative. (c) Reports on United States Ports Not later than 60 days after receiving information regarding a proposed purchase of a contract to manage the operations of a United States port by a foreign entity, the Secretary of Homeland Security shall submit a report to Congress that describes— (1) the proposed purchase; (2) any security concerns related to the proposed purchase; and (3) the manner in which such security concerns have been addressed. C Rapid Response Measures 121. Deployment of border patrol agents (a) Emergency Deployment of Border Patrol Agents (1) In general If the Governor of a State on an international border of the United States declares an international border security emergency and requests additional agents of the Border Patrol (referred to in this subtitle as agents ) from the Secretary, the Secretary, subject to paragraphs (2) and (3), may provide the State with not more than 1,000 additional agents for the purpose of patrolling and defending the international border, in order to prevent individuals from crossing the international border into the United States at any location other than an authorized port of entry. (2) Consultation Upon receiving a request for agents under paragraph (1), the Secretary, after consultation with the President, shall grant such request to the extent that providing such agents will not significantly impair the Department’s ability to provide border security for any other State. (3) Collective bargaining Emergency deployments under this subsection shall be made in accordance with all applicable collective bargaining agreements and obligations under current law. (b) Flexible Deployment of Border Patrol Agents The Secretary shall ensure that agents are not precluded from performing patrol duties and apprehending violators of law, except in unusual circumstances if the temporary use of fixed deployment positions is necessary. 122. Border patrol major assets (a) Control of Department of Homeland Security Assets The Department of Homeland Security shall have exclusive administrative and operational control over all the assets utilized in carrying out its mission, including aircraft, watercraft, vehicles, detention space, transportation, and all of the personnel associated with such assets. (b) Helicopters and Power Boats (1) Helicopters The Secretary shall increase the number of helicopters under the control of the Border Patrol and Immigration and Customs Enforcement (ICE). The Secretary shall ensure that appropriate types and quantities of helicopters are procured for the various missions being performed. (2) Power boats The Secretary shall increase the number of power boats under the control of the Border Patrol. The Secretary shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements. (3) Use and training The Secretary shall— (A) establish an overall policy on how the helicopters and power boats procured under this subsection will be used; and (B) implement training programs for the agents who use such assets, including safe operating procedures and rescue operations. (c) Motor Vehicles (1) Quantity The Secretary shall establish a fleet of motor vehicles appropriate for use by the Border Patrol that will permit a ratio of not less than 1 police-type vehicle for every 4 agents with safety glass and other protections. The Secretary shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the Border Patrol. (2) Features All motor vehicles purchased for the Border Patrol shall— (A) be appropriate for the mission of the Border Patrol; and (B) have a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress. 123. Electronic equipment (a) Portable Computers The Secretary shall ensure that each police-type motor vehicle in the fleet of the Border Patrol is equipped with a portable computer with access to all necessary law enforcement databases and otherwise suited to the unique operational requirements of the Border Patrol. (b) Radio Equipment The Secretary shall augment the existing radio communications system so that all law enforcement personnel, including Immigration and Customs Enforcement, working in each area where Border Patrol operations are conducted have clear and encrypted 2-way radio communication capabilities at all times. Each portable communications device shall be equipped with a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress. (c) Handheld Global Positioning System Devices The Secretary shall ensure that Border Patrol agents are issued a state-of-the-art handheld global positioning system device for navigational purposes. (d) Night Vision Equipment The Secretary shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device. 124. Personal equipment (a) Body Armor The Secretary shall ensure that every agent on duty is issued high-quality body armor that is appropriate for the climate and risks faced by the agent. Enough body armor must be purchased to cover every agent in the field. (b) Weapons The Secretary shall ensure that agents are equipped with weapons that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals. The Secretary shall ensure that the policies of the Department authorize all agents to carry weapons that are suited to the potential threats that they face, and that all agents receive appropriate training in the use of such weapons. (c) Uniforms The Secretary shall ensure that all agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as such items become worn or unserviceable or no longer fit properly. 125. Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2014 through 2018 to carry out this subtitle. D Border Infrastructure and Technology Modernization 131. Definitions In this subtitle: (1) Commissioner The term Commissioner means the Commissioner of United States Customs and Border Protection. (2) Northern border The term northern border means the international border between the United States and Canada. (3) Southern border The term southern border means the international border between the United States and Mexico. 132. Expansion of commerce security programs (a) Customs-Trade Partnership Against Terrorism (1) In general Not later than 180 days after the date of enactment of this Act, the Commissioner, in consultation with the Secretary, shall develop a plan to expand the programs of the Customs-Trade Partnership Against Terrorism established pursuant to section 211 of the SAFE Port Act ( 6 U.S.C. 961 ), including adding additional personnel for such programs, along the northern border and southern border, including the following programs: (A) The Business Anti-Smuggling Coalition. (B) The Carrier Initiative Program. (C) The Americas Counter Smuggling Initiative. (D) The Container Security Initiative established pursuant to section 205 of the SAFE Port Act (6 U.S.C. 945). (E) The Free and Secure Trade Initiative. (F) Other industry partnership programs administered by the Commissioner. (b) Demonstration Program Not later than 180 days after the date of enactment of this Act, the Commissioner shall establish a demonstration program to develop a cooperative trade security system to improve supply chain security. E Other Border Security Initiatives 141. Alien smuggling and terrorism prevention (a) Checks against terrorist watchlist The Secretary of Homeland Security shall, to the extent practicable, check against all available terrorist watchlists those persons suspected of alien smuggling and smuggled individuals who are interdicted at the land, air, and sea borders of the United States. (b) Strengthening prosecution and punishment of alien smugglers Section 274(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a) ) is amended— (1) by amending the subsection heading to read as follows: Bringing In, Harboring, and Smuggling of Unlawful and Terrorist Aliens.— ; and (2) by amending paragraphs (1) through (2) to read as follows: (1) (A) Whoever, knowing or in reckless disregard of the fact that an individual is an alien who lacks lawful authority to come to, enter, or reside in the United States, knowingly— (i) brings that individual to the United States in any manner whatsoever regardless of any future official action which may be taken with respect to such individual; (ii) recruits, encourages, or induces that individual to come to, enter, or reside in the United States; (iii) transports or moves that individual in the United States, in furtherance of their unlawful presence; or (iv) harbors, conceals, or shields from detection the individual in any place in the United States, including any building or any means of transportation; or attempts or conspires to do so, shall be punished as provided in subparagraph (C). (B) Whoever, knowing that an individual is an alien, brings that individual to the United States in any manner whatsoever at a place, other than a designated port of entry or place designated by the Secretary of Homeland Security, regardless of whether such individual has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such individual, or attempts or conspires to do so, shall be punished as provided in subparagraph (C). (C) Whoever commits an offense under this paragraph shall, for each individual in respect to whom such a violation occurs— (i) if the offense results in the death of any person, be fined under title 18, United States Code, and subject to the penalty of death or imprisonment for any term of years or for life; (ii) if the offense involves kidnapping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 of title 18, United States Code, without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under title 18, United States Code, or imprisoned for any term of years or life, or both; (iii) if the offense involves an individual who the defendant knew was engaged in or intended to engage in terrorist activity (as defined in section 212(a)(3)(B)), be fined under title 18, United States Code, or imprisoned not more than 30 years, or both; (iv) if the offense results in serious bodily injury (as defined in section 1365 of title 18, United States Code) or places in jeopardy the life of any person, be fined under title 18, United States Code, or imprisoned not more than 20 years, or both; (v) if the offense is a violation of paragraph (1)(A)(i) and was committed for the purpose of profit, commercial advantage, or private financial gain, or if the offense was committed with the intent or reason to believe that the individual unlawfully brought into the United States will commit an offense against the United States or any State that is punishable by imprisonment for more than 1 year, be fined under title 18, United States Code, and imprisoned, in the case of a first or second violation, not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years; (vi) if the offense is a violation of paragraphs (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was committed for the purpose of profit, commercial advantage, or private financial gain, be fined under title 18, United States Code, or imprisoned not more than 10 years, or both; (vii) if the offense involves the transit of the defendant’s spouse, child, sibling, parent, grandparent, or niece or nephew, and the offense is not described in any of clauses (i) through (vi), be fined under title 18, United States Code, or imprisoned not more than 1 year, or both; and (viii) in any other case, be fined under title 18, United States Code, or imprisoned not more than 5 years, or both. (2) (A) There is extraterritorial jurisdiction over the offenses described in paragraph (1). (B) In a prosecution for a violation of, or an attempt or conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, no defense based on necessity can be raised unless the defendant— (i) as soon as practicable, reported to the Coast Guard the circumstances of the necessity, and if a rescue is claimed, the name, description, registry number, and location of the vessel engaging in the rescue; and (ii) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement set forth in clause (i) is satisfied by notifying the Coast Guard as soon as practicable after delivering the alien to emergency medical or law enforcement personnel ashore. (C) It is not a violation of, or an attempt or conspiracy to violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph (1)(A)(ii) (except if a person recruits, encourages, or induces an alien to come to or enter the United States), for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officer of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year. (D) For purposes of this paragraph and paragraph (1)— (i) the term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States; and (ii) the term lawful authority means permission, authorization, or waiver that is expressly provided for in the immigration laws of the United States or the regulations prescribed under those laws and does not include any such authority secured by fraud or otherwise obtained in violation of law or authority that has been sought but not approved. . (c) Maritime law enforcement (1) Penalties Subsection (b) of section 2237 of title 18, United States Code, is amended to read as follows: (b) Whoever intentionally violates this section shall— (1) if the offense results in death or involves kidnapping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under such title or imprisoned for any term of years or life, or both; (2) if the offense results in serious bodily injury (as defined in section 1365 of this title) or transportation under inhumane conditions, be fined under this title, imprisoned not more than 15 years, or both; (3) if the offense is committed in the course of a violation of section 274 of the Immigration and Nationality Act (alien smuggling); chapter 77 (peonage, slavery, and trafficking in persons), section 111 (shipping), 111A (interference with vessels), 113 (stolen property), or 117 (transportation for illegal sexual activity) of this title; chapter 705 (maritime drug law enforcement) of title 46, or title II of the Act of June 15, 1917 (chapter 30; 40 Stat. 220), be fined under this title or imprisoned for not more than 10 years, or both; and (4) in any other case, be fined under this title or imprisoned for not more than 5 years, or both. . (2) Limitation on necessity defense Section 2237(c) of title 18, United States Code, is amended— (A) by inserting (1) after (c) ; and (B) by adding at the end the following: (2) In a prosecution for a violation of this section, no defense based on necessity can be raised unless the defendant— (A) as soon as practicable upon reaching shore, delivered the person with respect to which the necessity arose to emergency medical or law enforcement personnel; (B) as soon as practicable, reported to the Coast Guard the circumstances of the necessity resulting giving rise to the defense; and (C) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien, as that term is defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)), into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement of subparagraph (B) is satisfied by notifying the Coast Guard as soon as practicable after delivering that person to emergency medical or law enforcement personnel ashore. . (3) Definition Section 2237(e) of title 18, United States Code, is amended— (A) by striking and at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting ; and ; and (C) by adding at the end the following: (6) the term transportation under inhumane conditions means the transportation of persons in an engine compartment, storage compartment, or other confined space, transportation at an excessive speed, transportation of a number of persons in excess of the rated capacity of the means of transportation, or intentionally grounding a vessel in which persons are being transported. . (d) Amendment to the sentencing guidelines (1) In general Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding. (2) Considerations In carrying out this section, the Sentencing Commission, shall— (A) consider providing sentencing enhancements or stiffening existing enhancements for those convicted of offenses described in subsection (a) that— (i) involve a pattern of continued and flagrant violations; (ii) are part of an ongoing commercial organization or enterprise; (iii) involve aliens who were transported in groups of 10 or more; (iv) involve the transportation or abandonment of aliens in a manner that endangered their lives; or (v) involve the facilitation of terrorist activity; and (B) consider cross-references to the guidelines for Criminal Sexual Abuse and Attempted Murder. (3) Expedited procedures The Commission may promulgate the guidelines or amendments under this section in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired. 142. Border security on certain Federal land (a) Definitions In this section: (1) Protected land The term protected land means land under the jurisdiction of the Secretary concerned. (2) Secretary concerned The term Secretary concerned means— (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (b) Border Protection Strategy The Secretary, the Secretary of the Interior, and the Secretary of Agriculture shall jointly develop a border protection strategy that supports the border security needs of the United States in the manner that best protects— (1) units of the National Park System; (2) National Forest System land; (3) land under the jurisdiction of the United States Fish and Wildlife Service and Bureau of Land Management; and (4) other relevant land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture. (c) Additional uniformed law enforcement officers and special agents of the Department of the Interior There are authorized to be appropriated to the Secretary of the Interior for employment of uniformed law enforcement officers and special agents, in addition to the number of such officers and agents employed immediately before the enactment of this Act, such sums as may be necessary for— (1) 22 such officers of the United States Fish and Wildlife Service, including— (A) 4 for California; (B) 9 for Arizona; (C) 2 for New Mexico; and (D) 7 for Texas; (2) 2 such agents of the United States Fish and Wildlife Service, for Texas; (3) 22 such officers of the National Park Service, including— (A) 13 for Arizona; and (B) 9 for Texas; (4) 2 such agents of the National Park Service, for Texas; (5) 19 such officers of the Bureau of Land Management, including— (A) 5 for California; (B) 4 for Arizona; (C) 4 for New Mexico; and (D) 6 for Texas; (6) 2 such agents of the Bureau of Land Management, including— (A) 1 for California; (B) 2 for Arizona; and (C) 1 for New Mexico; and (7) one such agent of the Bureau of Indian Affairs, for Texas. (d) Additional Special Assistant United States Attorney There are authorized to be appropriated to the Attorney General such sums as may be necessary to increase by 1 the number of special assistant United States attorneys in the district of Arizona dedicated to prosecution of cases generated by the Secretary of the Interior, in addition to the number of such attorneys appointed immediately before the enactment of this Act. II Ending Unlawful Employment A Employee Verification 201. Mandatory employment authorization verification (a) Making E-Verify Program permanent Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) is amended by adding before the period at the end of the last sentence the following , except that the E-Verify Program described in section 403(a) shall be a permanent program . (b) Mandatory use of E-Verify system (1) In general Subject to paragraphs (2) and (3), every person or other entity that hires one or more individuals for employment in the United States shall verify through the E-Verify Program, established by section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1324a note), that each such individual is authorized to work in the United States. The Secretary of Homeland Security shall ensure that verification by means of a toll-free telephone line is an available option in complying with the preceding sentence. (2) Select entities required to use e-verify program immediately The following entities must satisfy the requirement in paragraph (1) by not later than one year after the date of the enactment of this Act: (A) Federal agencies Each department and agency of the Federal Government. (B) Federal contractors A contractor that— (i) has entered into a contract with the Federal Government to which section 2(b)(1) of the Service Contract Act of 1965 ( 41 U.S.C. 351(b)(1) ) applies, and any subcontractor under such contract; or (ii) has entered into a contract exempted from the application of such Act by section 6 of such Act ( 41 U.S.C. 356 ), and any subcontractor under such contract. (C) Large employers An employer that employs more than 250 individuals in the United States. (3) Phasing-in for other employers (A) Two years for employers of 100 or more Entities that employ 100 or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than two years after the date of the enactment of this Act. (B) Three years for employers with 30 or more employees All entities that employ 30 or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than three years after the date of the enactment of this Act. (C) Four years for all employers All entities that employ one or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than four years after the date of the enactment of this Act. (4) Verifying employment authorization of current employees Every person or other entity that employs one or more persons in the United States shall verify through the E-Verify program by not later than four years after the date of the enactment of this Act that each employee is authorized to work in the United States. (5) Defense In accordance with section 274A(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a)(3) ), a person or entity that establishes that it has complied in good faith with the requirements of section 274A(b) of such Act with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated section 274A(a)(1)(A) of such Act with respect to such hiring, recruiting or referral. Furthermore an employer who has complied with the requirements in paragraphs (1) and (4) of this Act shall not be liable for hiring an unauthorized alien, if— (A) such hiring occurred due to an error in the E-Verify program that was unknown to the employer at the time of such hiring; and (B) the employer terminates the employment of the alien upon being informed of the error. (6) Sanctions for noncompliance The failure of an employer to comply with the requirements in paragraphs (1) or (4) shall— (A) be treated as a violation of section 274A(a)(1)(B) with respect to each offense; and (B) create a rebuttable presumption that the employer has violated section 274A(a)(1)(A). (7) Voluntary participation of employers not immediately subject to requirement Nothing in this subsection shall be construed as preventing a person or other entity that is not immediately subject to the requirement of paragraph (1) pursuant to paragraph (2) or (3) from voluntarily using the E-Verify program to verify the employment authorization of new hires or current employees. (8) State interference No State may prohibit a person or other entity from using the E-Verify program to verify the employment authorization of new hires or current employees. (9) E- V erify study (A) Findings The Congress finds as follows: (i) A majority of the 0.4 percent of tentative non-confirmations that are issued within E-Verify to work authorized individuals occur due to incorrect or outdated information in the databases utilized by the system. For instance, an individual may have changed his or her name legally but has not updated their Social Security information to account for this change. This person would likely receive a tentative non-confirmation if their work eligibility were checked using E-Verify. (ii) E-Verify already provides employers and employees with simple and clear instructions on how inconsistencies in data can be corrected in order to verify the work eligibility of an employee. However, giving an individual the ability to verify his or her own employment eligibility in advance of an official E-Verify query by an employer would allow that individual to correct data errors at his or her convenience. This may also serve to lessen peak demand on Social Security Administration field offices. (B) Study The Government Accountability Office shall conduct a study to examine the potential of a secure method of allowing individuals to check their own work eligibility, so that they can address inconsistencies in their personal data that might otherwise cause them to be issued a tentative non-confirmation by E-Verify. The study shall be published within 6 months after the date of enactment of this Act. (10) Document fraud study The Government Accountability Office shall conduct a study to examine methods to combat document fraud, theft and forgery in the use and expansion of the E-Verify program. The report shall make recommendations to the appropriate agencies on ways to reduce instances of document fraud, theft and forgery. The report shall be published within six months after enactment of this Act. 202. Monitoring and compliance (a) Enhancing Monitoring and Compliance of E-Verify The Secretary of the Department of Homeland Security is authorized take the following actions to increase the capability and effectiveness of the E-Verify employer Monitoring and Compliance team within Citizenship and Immigration Services: (1) Increase by no more than 6 the number of fulltime employees dedicated to the development of thresholds and algorithms and quality assurance procedures for the monitoring of employer adherence to the conditions that are currently outlined in the E-Verify Memorandum of Understanding. (2) Increase as necessary the number of fulltime employees dedicated to outreach to employers using E-Verify and the creation of informational tools and corrective action procedures that will provide compliance assistance to these employers. These employees may also be utilized in the operation of the toll free compliance assistance call center. (3) Establish procedures for the identification of cases of potential fraud or misuse of E-Verify. (4) Establish procedures for the sharing of information on these selected cases with Immigration and Customs Enforcement for further investigation as necessary. (5) Report to Congress within one year of the date of enactment of this Act on the activities of the Office of Monitoring and Compliance which shall include— (A) a description of the types of fraud and misuse being detected by the thresholds and algorithms used for employee monitoring within the Office; (B) the number and type of cases flagged by the Office and referred to Immigration and Customs Enforcement, as well as the outcome of these cases; and (C) an assessment of the number and the nature of calls received by the compliance assistance call center. 203. Mandatory notification of SSN mismatches and multiple uses (a) Notification of multiple uses of individual Social Security numbers Prior to crediting any individual with concurrent earnings from more than one employer, the Commissioner of Social Security shall notify the individual that earnings from two or more employers are being reported under the individual’s Social Security account number (SSN). Such notice shall include, at a minimum— (1) the name and location of each employer reporting benefits for an individual; (2) a warning that any inaccuracies in this information could indicate that the individual’s SSN is being fraudulently used by another individual; (3) an explanation of any potential risk that an individual is subject to if his or her SSN has been used or is being used by someone else; and (4) an SSA telephone number that an individual may call to report inaccuracies in the use of their SSN. (b) Information sharing with the Department of Homeland Security (1) Not later than 180 days following the date of enactment of this act, the Commissioner of Social Security shall promulgate regulations in accord with section 1306, title 42 (42 U.S.C. 1306), to require that information regarding all multiple use notifications that lead to the identification of an unauthorized user of a Social Security account number be shared with the Secretary of the Department of Homeland Security on a timely basis. (2) Information to be shared with the Secretary shall include, at a minimum, the name and mailing address of all employees who are the subject of an unresolved mismatch notification or who are unauthorized users of another individual’s Social Security account number. The names and addresses of the employers of these employees must also be provided. (3) The Secretary shall report to the Congress annually the number of cases that the Commissioner of Social Security has shared with the Department of Homeland Security regarding unauthorized users of a Social Security number and the actions that have been taken to resolve these cases. The first report shall be presented to Congress 1 year after the passage of this Act. 204. Establishment of electronic birth and death registration systems In consultation with the Secretary of Health and Human Services and the Commissioner of Social Security, the Secretary shall take the following actions: (1) Work with the States to establish a common data set and common data exchange protocol for electronic birth registration systems and death registration systems. (2) Coordinate requirements for such systems to align with a national model. (3) Ensure that fraud prevention is built into the design of electronic vital registration systems in the collection of vital event data, the issuance of birth certificates, and the exchange of data among government agencies. (4) Ensure that electronic systems for issuing birth certificates, in the form of printed abstracts of birth records or digitized images, employ a common format of the certified copy, so that those requiring such documents can quickly confirm their validity. (5) Establish uniform field requirements for State birth registries. (6) Not later than 1 year after the date of the enactment of this Act, establish a process with the Department of Defense that will result in the sharing of data, with the States and the Social Security Administration, regarding deaths of United States military personnel and the birth and death of their dependents. (7) Not later than 1 year after the date of the enactment of this Act, establish a process with the Department of State to improve registration, notification, and the sharing of data with the States and the Social Security Administration, regarding births and deaths of United States citizens abroad. (8) Not later than 3 years after the date of establishment of databases provided for under this section, require States to record and retain electronic records of pertinent identification information collected from requestors who are not the registrants. (9) Not later than 6 months after the date of the enactment of this Act, submit to Congress a report on whether there is a need for Federal laws to address penalties for fraud and misuse of vital records and whether violations are sufficiently enforced. 205. Penalty for failure to file correct information returns (a) In general Section 6721 of the Internal Revenue Code of 1986 ( 26 U.S.C. 6721 ) is amended by adding at the end the following: (g) Most egregious noncompliant employers The Secretary shall assess the maximum allowable penalties on 100 percent of the employers designated in any tax year by the Social Security Administration as the most egregious noncompliant employers. (h) Employment of alien not authorized To be employed Notwithstanding any other provision in this section, in the case of a failure described in subsection (a)(2) with respect to any person employing an alien not authorized to be so employed, the penalty under this section shall be determined in accordance with the following table: In the case of— Not less than— Not more than— The first offense $2,500 $5,000 The second offense $7,500 $10,000 The third offense $25,000 $40,000. . (b) Effective date The amendment made by subsection (a) shall apply to with respect to information returns required to be filed for years beginning after December 31, 2012. 206. Authorization of appropriations There are authorized to be appropriated such sums as may be required to carry out this subtitle. B Nondeductibility of Wages Paid to Unauthorized Aliens 211. Clarification that wages paid to unauthorized aliens may not be deducted from gross income (a) In general Subsection (c) of section 162 of the Internal Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other payments) is amended by adding at the end the following new paragraph: (4) Wages paid to or on behalf of unauthorized aliens (A) In general No deduction shall be allowed under subsection (a) for any wage paid to or on behalf of an unauthorized alien, as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). (B) Wages For the purposes of this paragraph, the term wages means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash. (C) Safe harbor If a person or other entity is participating in the E-Verify Program described in section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring (or recruitment or referral) of an employee, subparagraph (A) shall not apply with respect to wages paid to such employee. . (b) Six-Year limitation on assessment and collection Subsection (c) of section 6501 of such Code (relating to exceptions) is amended by adding at the end the following new paragraph: (12) Deduction claimed for wages paid to unauthorized aliens In the case of a return of tax on which a deduction is shown in violation of section 162(c)(4), any tax under chapter 1 may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed. . (c) Use of documentation for enforcement purposes Section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) is amended— (1) in subparagraph (b)(5), by inserting , section 162(c)(4) of the Internal Revenue Code of 1986, after enforcement of this Act ; (2) in subparagraph (d)(2)(F), by inserting , section 162(c)(4) of the Internal Revenue Code of 1986, after enforcement of this Act ; and (3) in subparagraph (d)(2)(G), by inserting section 162(c)(4) of the Internal Revenue Code of 1986 or after or enforcement of . (d) Availability of information (1) In general The Commissioner of Social Security, the Secretary of the Department of Homeland Security, and the Secretary of the Treasury, shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act), including any no-match letter, any information in the earnings suspense file, and any information in the investigation and enforcement of section 162(c)(4) of the Internal Revenue Code of 1986. (2) Disclosure by Secretary of the Treasury (A) In general Subsection (i) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (9) Payment of wages to unauthorized aliens Upon request from the Commissioner of the Social Security Administration or the Secretary of the Department of Homeland Security, the Secretary shall disclose to officers and employees of such Administration or Department— (A) taxpayer identity information of employers who paid wages with respect to which a deduction was not allowed by reason of section 162(c)(4), and (B) taxpayer identity information of individuals to whom such wages were paid, for purposes of carrying out any enforcement activities of such Administration or Department with respect to such employers or individuals. . (B) Recordkeeping Paragraph (4) of section 6103(p) of such Code is amended— (i) by striking (5), or (7) in the matter preceding subparagraph (A) and inserting (5), (7), or (9) , and (ii) by striking (5) or (7) in subparagraph (F)(ii) and inserting (5), (7), or (9) . (e) Effective date (1) Except as provided in paragraph (2), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (2) The amendments made by subsections (a) and (b) shall apply to taxable years beginning after December 31, 2013. III Enhancing and Utilizing Current Interior Enforcement Methods 301. Increase investigative efforts (a) Federal agents An increase of personnel and resources will be needed to successfully enforce U.S. immigration laws and punish those who violate them. To this end, sufficient funds are authorized to be appropriated to employ 1,150 additional Immigration and Customs Enforcement Agents. (b) Criminal alien program (CAP) An additional 140 CAP officers are authorized to identify and remove criminal aliens encountered in Federal, State, and local detention facilities. (c) State and local law enforcement support The Secretary of Homeland Security shall take necessary steps to allow for the training of a minimum of 250 State and local law enforcement officers in Federal immigration law enforcement procedure. This would be an expansion of an already active and successful program. 302. Increased oversight of agents To ensure the ability of Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) to enforce integrity and ethical behavior throughout their expanded ranks, the Secretary of Homeland Security shall add no fewer than 8 Special Agents to the Office of Professional Responsibility. 303. Border relief grant program (a) In General From amounts made available under section 304, the Secretary of Homeland Security may make grants to— (1) sheriffs’ offices of counties any part of which is within 25 miles of the southern border of the United States; and (2) police departments serving a city, town, or other political subdivision in a county any part of which is within 25 miles of the southern border of the United States (including tribal police departments serving a community any part of which is within 25 miles of such border). (b) Use of Funds (1) In general Grant funds received under subsection (a) may be used for the following: (A) To conduct law enforcement operations in order to enforce criminal laws, prevent and punish criminal activity, and protect the lives, property, and security of the people within the jurisdiction of the grant recipient. (B) To transfer aliens detained or in the custody of the grant recipient who are not lawfully present in the United States to appropriate Federal law enforcement officials. (C) To enforce State and Federal laws relating to controlled substance trafficking and enforce other State and Federal criminal laws. (2) Payment of costs Use of funds under paragraph (1) shall include payment for costs of— (A) hiring, equipping, training, and otherwise controlling the operations and deployment of, law enforcement officials engaged in duties described in paragraph (1), as well as the costs of paying overtime to such officials; and (B) detaining, housing, and transporting aliens who are not lawfully present in the United States, and who are taken into custody by the grant recipient, until the aliens are transferred to appropriate Federal law enforcement officials. (3) Detention facilities In accordance with paragraph (2)(B), grant funds received under subsection (a) may be used for the construction, maintenance, and operation of detention facilities to detain aliens who are unlawfully present in the United States, except that not more than 20 percent of such funds may be used for the construction or renovation of detention or similar facilities. (c) Application (1) In general Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Secretary of Homeland Security at such time, in such manner, and accompanied by such information as the Secretary of Homeland Security may reasonably require. (2) Contents Each application submitted pursuant to paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Secretary of Homeland Security determines to be essential to ensure compliance with the requirements of this section. 304. Authorization of appropriations There are authorized to be appropriated to the Secretary of Homeland Security to carry out this section $200,000,000 for fiscal year 2014 and each succeeding fiscal year. 305. Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall issue regulations to carry out this Act. 306. Rewards program (a) Rewards program Section 274 ( 8 U.S.C. 1324 ) is amended by adding at the end the following: (f) Rewards program (1) In general There is established in the Department of Homeland Security a program for the payment of rewards to carry out the purposes of this section. (2) Purpose The rewards program shall be designed to assist in the elimination of commercial operations to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully and to assist in the investigation, prosecution, or disruption of a commercial alien smuggling operation. (3) Administration The rewards program shall be administered by the Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State. (4) Rewards authorized In the sole discretion of the Secretary of Homeland Security, such Secretary, in consultation, as appropriate, with the Attorney General and the Secretary of State, may pay a reward to any individual who furnishes information or testimony leading to— (A) the arrest or conviction of any individual conspiring or attempting to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully or to commit an act of commercial alien smuggling involving the transportation of aliens; (B) the arrest or conviction of any individual committing such an act; (C) the arrest or conviction of any individual aiding or abetting the commission of such an act; (D) the prevention, frustration, or favorable resolution of such an act, including the dismantling of an operation to produce or sell fraudulent documents to be used for entering or remaining in the United States, or commercial alien smuggling operations, in whole or in significant part; or (E) the identification or location of an individual who holds a key leadership position in an operation to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully or a commercial alien smuggling operation involving the transportation of aliens. (5) Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subsection. Amounts appropriated under this paragraph shall remain available until expended. (6) Ineligibility An officer or employee of any Federal, State, local, or foreign government who, while in performance of his or her official duties, furnishes information described in paragraph (4) shall not be eligible for a reward under this subsection for such furnishing. (7) Protection measures If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that an individual who furnishes information or testimony described in paragraph (4), or any spouse, child, parent, son, or daughter of such an individual, must be protected, such official may take such lawful action as the official considers necessary to effect such protection. (8) Limitations and certification (A) Maximum amount No reward under this subsection may exceed $100,000. (B) Approval Any reward under this subsection exceeding $50,000 shall be personally approved by the Secretary of Homeland Security. (C) Certification for payment Any reward granted under this subsection shall be certified for payment by the Secretary of Homeland Security. (9) Publicity The Department of Homeland Security shall be responsible for developing and implementing an advertising strategy to make known the rewards described within this section in order to solicit informants. . 307. Increased detention facilities for aliens apprehended for illegal entry (a) In general The Secretary of Homeland Security shall make arrangements for the availability of 8,000 additional beds for detaining aliens taken into custody by immigration officials. (b) Implementation Efforts shall be made to— (1) contract private facilities whenever possible to promote efficient use and to limit the Federal Government’s maintenance of and liability for additional infrastructure; (2) utilize State and local facilities for the provision of additional beds; and (3) utilize BRAC facilities or active duty facilities. (c) Construction The Department of Homeland Security shall construct facilities as necessary to meet the remainder of the 8,000 new beds to be provided. (d) Responsibilities The Secretary of Homeland Security shall be responsible for providing humane conditions, health care, nutrition, and psychological services, as well as education for minors. (e) Authorization All funds necessary to accomplish the directives within this section are authorized to be appropriated. 308. Additional Immigration Judgeships and law clerks (a) Judgeships The Attorney General shall create and fill twenty additional Immigration Judgeships within 6 months after the date of enactment of this Act. (b) Clerkships The Attorney General shall also ensure that for every two Immigration Judges there shall be no fewer than one law clerk dedicated to assisting Immigration Judges. 309. Media campaign (a) In general The Secretary of Labor and the Secretary of Homeland Security shall develop strategies to inform the public of changes in immigration policies created by provisions in this legislation. (b) Notification of changes to employment verification process The Secretary of Labor shall employ, at his or her discretion, a combination of multilingual print, television, Internet, and radio media to notify employers of changes to the employment verification process. Announcements should encourage compliance with new legislation and should explain penalties for noncompliance with provisions within this Act. (c) Multilingual media campaign The Secretary of Homeland Security shall also develop a multilingual media campaign explaining the extent of this legislation, the timelines therein, and the penalties for noncompliance with this Act. Announcements should be targeted toward undocumented aliens and should emphasize— (1) provisions in this Act that enhance border security and interior enforcement; (2) punishment for apprehension and forced removal of undocumented aliens; and (3) legal methods of reentering the United States, including temporary work visas. (d) Cooperation with other governments The Secretary of Homeland Security shall make all reasonable attempts to cooperate with the governments of the countries from which the largest number of undocumented aliens originate in the implementation of this media campaign."}}},{"rowIdx":1560,"cells":{"tv_id":{"kind":"string","value":"113-hr-831-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-831"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":831,"string":"831"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr831ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr831ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:41.672"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 831 IH: Fair Wages for Workers with Disabilities Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Findings\n \n \n Congress finds the following:\n \n \n \n (1)\n \n \n Current Federal law allows the Secretary of Labor to grant special wage certificates to entities that provide employment to workers with disabilities, allowing such entities to pay their disabled workers at rates that are lower than the Federal minimum wage.\n \n \n \n \n (2)\n \n \n The practice of paying workers with disabilities less than the Federal minimum wage dates back to the 1930s, when there were virtually no employment opportunities for disabled workers in the mainstream workforce.\n \n \n \n \n (3)\n \n \n Today, advancements in vocational rehabilitation, technology, and training provide disabled workers with greater opportunities than in the past, and the number of such workers in the national workforce has dramatically increased.\n \n \n \n \n (4)\n \n \n Employees with disabilities, when provided the proper rehabilitation services, training, and tools, can be as productive as nondisabled employees. Even those individuals that are considered most severely disabled have been able to successfully obtain employment earning minimum wage or higher.\n \n \n \n \n (5)\n \n \n While some employers possessing special wage certificates claim to provide rehabilitation and training to disabled workers to prepare them for competitive employment, the fact that such employers can pay their workers less than the Federal minimum wage gives them an incentive to exploit the cheap labor provided by their disabled workers rather than to prepare those workers for integrated employment in the mainstream economy.\n \n \n \n \n (6)\n \n \n Many employers with a history of paying subminimum wages benefit from philanthropic donations and preferred status when bidding on Federal contracts. Yet they claim that paying minimum wage to their employees with disabilities would result in lack of profitability and forced reduction of their workforces.\n \n \n \n \n (7)\n \n \n Other employers, recognizing that the payment of subminimum wages is in fact exploitation of disabled workers, are now paying the Federal minimum wage, or higher, to their employees with disabilities without reducing their workforces, while still maintaining their profitability. For example, National Industries for the Blind (NIB) agencies exploited their blind employees for years through the payment of subminimum wages, claiming they could not maintain profitability otherwise. Now,\n \n \n \n \n (8)\n \n \n The Wage and Hour Division of the Department of Labor is charged with the responsibility for oversight of these special wage certificates. The results from thorough investigations conducted by the Government Accountability Office—\n \n \n \n \n (9)\n \n \n According to the rules established under section 14(c) of the Fair Labor Standards Act of 1938, employers are to determine the special wage to be paid to a disabled employee through a complicated method that unfairly establishes a productivity benchmark that would be difficult for anyone to maintain. The inability of many employers to correctly establish the wage pursuant to the rule has regularly resulted in disabled employees receiving even less than the special minimum wage (below the federally established minimum wage) that they should have received under the regulation.\n \n \n \n \n \n 3.\n \n \n Transition to fair wages\n \n \n \n (1)\n \n \n Discontinuance\n \n \n Effective on the date of enactment of this Act, the Secretary of Labor shall discontinue issuing special wage certificates under section 14(c) of the Fair Labor Standards Act of 1938 (\n \n 29 U.S.C. 214(c)\n \n ) to any new entities not currently holding a certificate.\n \n \n \n \n (2)\n \n \n Transition\n \n \n All special wage certificates held on the date of enactment of this Act—\n \n \n \n (A)\n \n \n by private for profit entities shall be revoked 1 year after such date of enactment;\n \n \n \n \n (B)\n \n \n by public or governmental entities shall be revoked 2 years after such date of enactment; and\n \n \n \n \n (C)\n \n \n by non-profit entities shall be revoked 3 years after such date of enactment.\n \n \n \n \n \n (3)\n \n \n Repeal\n \n \n Effective 3 years from the date of enactment of this Act, section 14(c) of the Fair Labor Standards Act of 1938 (\n \n 29 U.S.C. 214(c)\n \n ) is repealed and any remaining special wage certificates issued under such section shall be revoked.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 831 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Harper (for himself, Mr. Alexander , Mr. Bishop of Georgia , Mr. Conyers , Mr. Ellison , Mr. Hastings of Florida , Ms. Moore , Ms. Norton , Mr. Rush , Mr. Tonko , Mr. Young of Alaska , and Mr. Clyburn ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To phase out special wage certificates under the Fair Labor Standards Act of 1938 under which individuals with disabilities may be employed at subminimum wage rates.\n\n1. Short title This Act may be cited as the Fair Wages for Workers with Disabilities Act of 2013 . 2. Findings Congress finds the following: (1) Current Federal law allows the Secretary of Labor to grant special wage certificates to entities that provide employment to workers with disabilities, allowing such entities to pay their disabled workers at rates that are lower than the Federal minimum wage. (2) The practice of paying workers with disabilities less than the Federal minimum wage dates back to the 1930s, when there were virtually no employment opportunities for disabled workers in the mainstream workforce. (3) Today, advancements in vocational rehabilitation, technology, and training provide disabled workers with greater opportunities than in the past, and the number of such workers in the national workforce has dramatically increased. (4) Employees with disabilities, when provided the proper rehabilitation services, training, and tools, can be as productive as nondisabled employees. Even those individuals that are considered most severely disabled have been able to successfully obtain employment earning minimum wage or higher. (5) While some employers possessing special wage certificates claim to provide rehabilitation and training to disabled workers to prepare them for competitive employment, the fact that such employers can pay their workers less than the Federal minimum wage gives them an incentive to exploit the cheap labor provided by their disabled workers rather than to prepare those workers for integrated employment in the mainstream economy. (6) Many employers with a history of paying subminimum wages benefit from philanthropic donations and preferred status when bidding on Federal contracts. Yet they claim that paying minimum wage to their employees with disabilities would result in lack of profitability and forced reduction of their workforces. (7) Other employers, recognizing that the payment of subminimum wages is in fact exploitation of disabled workers, are now paying the Federal minimum wage, or higher, to their employees with disabilities without reducing their workforces, while still maintaining their profitability. For example, National Industries for the Blind (NIB) agencies exploited their blind employees for years through the payment of subminimum wages, claiming they could not maintain profitability otherwise. Now, All NIB associated agencies are committed to the NIB Board policy to pay employees, whose only disability is blindness, at or above the Federal minimum wage or their state minimum wage, whichever is highest. (8) The Wage and Hour Division of the Department of Labor is charged with the responsibility for oversight of these special wage certificates. The results from thorough investigations conducted by the Government Accountability Office— Stronger Federal Efforts Needed for Providing Employment Opportunities and Enforcing Labor Standards in Sheltered Workshops, Report to the Congress, Comptroller General of the United States (HRD–81–99) and Report to Congressional Requesters, Special Wage Program: Centers Offer Employment and Support Services to Workers With Disabilities, But Labor Should Improve Oversight (GAO–01–886)—explain that due to lack of capacity, training, and resources, the Wage and Hour Division is incapable of enforcing compliance with the subminimum wage provision. Furthermore, the significant appropriation that would be required to improve oversight of the regulation would be better spent improving employment outcomes for people with disabilities. (9) According to the rules established under section 14(c) of the Fair Labor Standards Act of 1938, employers are to determine the special wage to be paid to a disabled employee through a complicated method that unfairly establishes a productivity benchmark that would be difficult for anyone to maintain. The inability of many employers to correctly establish the wage pursuant to the rule has regularly resulted in disabled employees receiving even less than the special minimum wage (below the federally established minimum wage) that they should have received under the regulation. 3. Transition to fair wages (1) Discontinuance Effective on the date of enactment of this Act, the Secretary of Labor shall discontinue issuing special wage certificates under section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ) to any new entities not currently holding a certificate. (2) Transition All special wage certificates held on the date of enactment of this Act— (A) by private for profit entities shall be revoked 1 year after such date of enactment; (B) by public or governmental entities shall be revoked 2 years after such date of enactment; and (C) by non-profit entities shall be revoked 3 years after such date of enactment. (3) Repeal Effective 3 years from the date of enactment of this Act, section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ) is repealed and any remaining special wage certificates issued under such section shall be revoked."}}},{"rowIdx":1561,"cells":{"tv_id":{"kind":"string","value":"113-hr-832-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-832"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":832,"string":"832"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr832ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr832ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:41.794"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 832 IH: Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Authorization of\n\t\t\t additional projects and activities under the lower rio grande water\n\t\t\t conservation and improvement program\n \n \n \n (a)\n \n \n Additional\n\t\t\t projects\n \n \n Section 4(a) of the Lower Rio Grande Valley Water\n\t\t\t Resources Conservation and Improvement Act of 2000 (\n \n Public Law 106–576\n \n ; 114\n\t\t\t Stat. 3067) is amended by adding at the end the following:\n \n \n \n \n (20)\n \n \n In Cameron\n\t\t\t\tCounty, Texas, Bayview Irrigation District No. 11, water conservation and\n\t\t\t\timprovement projects as identified in the March 3, 2004, engineering report by\n\t\t\t\tNRS Consulting Engineers at a cost of $1,425,219.\n \n \n \n \n (21)\n \n \n In the Cameron\n\t\t\t\tCounty, Texas Harlingen Irrigation District No. 1, water conservation and\n\t\t\t\timprovement projects as identified in the March 2004 engineering report by\n\t\t\t\tAxiom-Blair Engineering at a cost of $5,133,432.00.\n \n \n \n \n (22)\n \n \n In the Cameron\n\t\t\t\tCounty, Texas, Cameron County Irrigation District No. 2, water conservation and\n\t\t\t\timprovement projects as identified in the February 11, 2004, engineering report\n\t\t\t\tby NRS Consulting Engineers at a cost of $8,269,576.\n \n \n \n \n (23)\n \n \n In the Cameron\n\t\t\t\tCounty, Texas, Cameron County Irrigation District No. 6, water conservation and\n\t\t\t\timprovement projects as identified in an engineering report by Turner Collie\n\t\t\t\tBraden, Inc., at a cost of $5,607,300.\n \n \n \n \n (24)\n \n \n In the Cameron\n\t\t\t\tCounty, Texas, Adams Gardens Irrigation District No. 19, water conservation and\n\t\t\t\timprovement projects as identified in the March 2004 engineering report by\n\t\t\t\tAxiom-Blair Engineering at a cost of $3,025,000.\n \n \n \n \n (25)\n \n \n In the Hidalgo\n\t\t\t\tand Cameron Counties, Texas, Hidalgo and Cameron Counties Irrigation District\n\t\t\t\tNo. 9, water conservation and improvement projects as identified by the\n\t\t\t\tFebruary 11 engineering report by NRS Consulting Engineers at a cost of\n\t\t\t\t$8,929,152.\n \n \n \n \n (26)\n \n \n In the Hidalgo\n\t\t\t\tand Willacy Counties, Texas, Delta Lake Irrigation District, water conservation\n\t\t\t\tand improvement projects as identified in the March 2004 engineering report by\n\t\t\t\tAxiom-Blair Engineering at a cost of $8,000,000.\n \n \n \n \n (27)\n \n \n In the Hidalgo\n\t\t\t\tCounty, Texas, Hidalgo County Irrigation District No. 2, water conservation and\n\t\t\t\timprovement projects identified in the engineering reports attached to a letter\n\t\t\t\tdated February 11, 2004, from the district’s general manager, and the\n\t\t\t\trenovation of a pumping plant for flood protection identified in by Sigler,\n\t\t\t\tWinston, Greenwood Associates at a cost of $13,117,710.\n \n \n \n \n (28)\n \n \n In the Hidalgo County, Texas, Hidalgo\n\t\t\t\tCounty Irrigation District No. 1, water conservation and improvement projects\n\t\t\t\tidentified in an engineering report dated March 5, 2004, by Melden and Hunt,\n\t\t\t\tInc. at a cost of $5,595,018.\n \n \n \n \n (29)\n \n \n In the Hidalgo\n\t\t\t\tCounty, Texas, Hidalgo County Irrigation District No. 6, water conservation and\n\t\t\t\timprovement projects as identified in the March 2004 engineering report by\n\t\t\t\tAxiom-Blair Engineering at a cost of $3,450,000.\n \n \n \n \n (30)\n \n \n In the Hidalgo\n\t\t\t\tCounty, Texas Santa Cruz Irrigation District No. 15, water conservation and\n\t\t\t\timprovement projects as identified in an engineering report dated March 5,\n\t\t\t\t2004, by Melden and Hunt at a cost of $4,609,000.\n \n \n \n \n (31)\n \n \n In the Hidalgo\n\t\t\t\tCounty, Texas, Engelman Irrigation District, water conservation and improvement\n\t\t\t\tprojects as identified in an engineering report dated March 5, 2004, by Melden\n\t\t\t\tand Hunt, Inc. at a cost of $2,251,480.\n \n \n \n \n (32)\n \n \n In the Hidalgo\n\t\t\t\tCounty, Texas, Valley Acres Water District, water conservation and improvement\n\t\t\t\tprojects as identified in an engineering report dated March 2004 by Axiom-Blair\n\t\t\t\tEngineering at a cost of $500,000.\n \n \n \n \n (33)\n \n \n In the Hudspeth\n\t\t\t\tCounty, Texas, Hudspeth County Conservation and Reclamation District No. 1,\n\t\t\t\twater conservation and improvement projects as identified in the March 2004\n\t\t\t\tengineering report by Axiom-Blair Engineering at a cost of $1,500,000.\n \n \n \n \n (34)\n \n \n In the El Paso\n\t\t\t\tCounty, Texas, El Paso County Water Improvement District No. 1, water\n\t\t\t\tconservation and improvement projects as identified in the March 2004\n\t\t\t\tengineering report by Axiom-Blair Engineering at a cost of $10,500,000.\n \n \n \n \n (35)\n \n \n In the Hidalgo\n\t\t\t\tCounty, Texas, Hidalgo County Irrigation District No. 16, water conservation\n\t\t\t\tand improvement projects identified in an engineering report dated March 22,\n\t\t\t\t2004, by Melden and Hunt, Inc. at a cost of $2,800,000.\n \n \n \n \n (36)\n \n \n The United\n\t\t\t\tIrrigation District of Hidalgo County water conservation and improvement\n\t\t\t\tprojects as identified in a March 2004 engineering report by Sigler Winston,\n\t\t\t\tGreenwood and Associates at a cost of\n\t\t\t\t$6,067,021.\n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Inclusion of\n\t\t\t activities To conserve water or improve supply; transfers among\n\t\t\t projects\n \n \n Section 4 of such\n\t\t\t Act (\n \n Public Law 106–576\n \n ; 114 Stat. 3067) is further amended by redesignating\n\t\t\t subsection (c) as subsection (e), and by inserting after subsection (b) the\n\t\t\t following:\n \n \n \n \n (c)\n \n \n Inclusion of\n\t\t\t\tactivities To conserve water or improve supply\n \n \n In addition to the\n\t\t\t\tactivities identified in the engineering reports referred to in subsection (a),\n\t\t\t\teach project that the Secretary conducts or participates in under subsection\n\t\t\t\t(a) may include any of the following:\n \n \n \n (1)\n \n \n The replacement of\n\t\t\t\tirrigation canals and lateral canals with buried pipelines.\n \n \n \n \n (2)\n \n \n The impervious\n\t\t\t\tlining of irrigation canals and lateral canals.\n \n \n \n \n (3)\n \n \n Installation of\n\t\t\t\twater level, flow measurement, pump control, and telemetry systems.\n \n \n \n \n (4)\n \n \n The renovation and\n\t\t\t\treplacement of pumping plants.\n \n \n \n \n (5)\n \n \n Other activities\n\t\t\t\tthat will result in the conservation of water or an improved supply of\n\t\t\t\twater.\n \n \n \n \n \n (d)\n \n \n Transfers among\n\t\t\t\tprojects\n \n \n Of amounts made available for a project referred to in\n\t\t\t\tany of paragraphs (20) through (36) of subsection (a), the Secretary may\n\t\t\t\ttransfer and use for another such project up to 10\n\t\t\t\tpercent.\n \n \n \n .\n \n \n \n \n \n \n 3.\n \n \n Reauthorization\n\t\t\t of appropriations for lower rio grande construction\n \n \n Section 4(e) of the Lower Rio Grande Valley\n\t\t\t Water Resources Conservation and Improvement Act of 2000 (\n \n Public Law 106–576\n \n ;\n\t\t\t 114 Stat. 3067), as redesignated by section 2(b) of this Act, is further\n\t\t\t amended by inserting before the period the following:\n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 832 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Hinojosa (for himself, Mr. Vela , Mr. Gallego , and Mr. O’Rourke ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize additional projects and activities under that Act, and for other purposes.\n\n1. Short title This Act may be cited as the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2013 . 2. Authorization of additional projects and activities under the lower rio grande water conservation and improvement program (a) Additional projects Section 4(a) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 ( Public Law 106–576 ; 114 Stat. 3067) is amended by adding at the end the following: (20) In Cameron County, Texas, Bayview Irrigation District No. 11, water conservation and improvement projects as identified in the March 3, 2004, engineering report by NRS Consulting Engineers at a cost of $1,425,219. (21) In the Cameron County, Texas Harlingen Irrigation District No. 1, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $5,133,432.00. (22) In the Cameron County, Texas, Cameron County Irrigation District No. 2, water conservation and improvement projects as identified in the February 11, 2004, engineering report by NRS Consulting Engineers at a cost of $8,269,576. (23) In the Cameron County, Texas, Cameron County Irrigation District No. 6, water conservation and improvement projects as identified in an engineering report by Turner Collie Braden, Inc., at a cost of $5,607,300. (24) In the Cameron County, Texas, Adams Gardens Irrigation District No. 19, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $3,025,000. (25) In the Hidalgo and Cameron Counties, Texas, Hidalgo and Cameron Counties Irrigation District No. 9, water conservation and improvement projects as identified by the February 11 engineering report by NRS Consulting Engineers at a cost of $8,929,152. (26) In the Hidalgo and Willacy Counties, Texas, Delta Lake Irrigation District, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $8,000,000. (27) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 2, water conservation and improvement projects identified in the engineering reports attached to a letter dated February 11, 2004, from the district’s general manager, and the renovation of a pumping plant for flood protection identified in by Sigler, Winston, Greenwood Associates at a cost of $13,117,710. (28) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 1, water conservation and improvement projects identified in an engineering report dated March 5, 2004, by Melden and Hunt, Inc. at a cost of $5,595,018. (29) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 6, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $3,450,000. (30) In the Hidalgo County, Texas Santa Cruz Irrigation District No. 15, water conservation and improvement projects as identified in an engineering report dated March 5, 2004, by Melden and Hunt at a cost of $4,609,000. (31) In the Hidalgo County, Texas, Engelman Irrigation District, water conservation and improvement projects as identified in an engineering report dated March 5, 2004, by Melden and Hunt, Inc. at a cost of $2,251,480. (32) In the Hidalgo County, Texas, Valley Acres Water District, water conservation and improvement projects as identified in an engineering report dated March 2004 by Axiom-Blair Engineering at a cost of $500,000. (33) In the Hudspeth County, Texas, Hudspeth County Conservation and Reclamation District No. 1, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $1,500,000. (34) In the El Paso County, Texas, El Paso County Water Improvement District No. 1, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $10,500,000. (35) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 16, water conservation and improvement projects identified in an engineering report dated March 22, 2004, by Melden and Hunt, Inc. at a cost of $2,800,000. (36) The United Irrigation District of Hidalgo County water conservation and improvement projects as identified in a March 2004 engineering report by Sigler Winston, Greenwood and Associates at a cost of $6,067,021. . (b) Inclusion of activities To conserve water or improve supply; transfers among projects Section 4 of such Act ( Public Law 106–576 ; 114 Stat. 3067) is further amended by redesignating subsection (c) as subsection (e), and by inserting after subsection (b) the following: (c) Inclusion of activities To conserve water or improve supply In addition to the activities identified in the engineering reports referred to in subsection (a), each project that the Secretary conducts or participates in under subsection (a) may include any of the following: (1) The replacement of irrigation canals and lateral canals with buried pipelines. (2) The impervious lining of irrigation canals and lateral canals. (3) Installation of water level, flow measurement, pump control, and telemetry systems. (4) The renovation and replacement of pumping plants. (5) Other activities that will result in the conservation of water or an improved supply of water. (d) Transfers among projects Of amounts made available for a project referred to in any of paragraphs (20) through (36) of subsection (a), the Secretary may transfer and use for another such project up to 10 percent. . 3. Reauthorization of appropriations for lower rio grande construction Section 4(e) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 ( Public Law 106–576 ; 114 Stat. 3067), as redesignated by section 2(b) of this Act, is further amended by inserting before the period the following: for projects referred to in paragraphs (1) through (19) of subsection (a), and $45,389,954 for projects referred to in paragraphs (20) through (36) of subsection (a) ."}}},{"rowIdx":1562,"cells":{"tv_id":{"kind":"string","value":"113-hr-833-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-833"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":833,"string":"833"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr833ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr833ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:40.987"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 833 IH: To amend title 10, United States Code, to require that the Purple Heart occupy a position of precedence above the new Distinguished Warfare Medal.\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Precedence of award of Purple Heart compared to award of Distinguished Warfare Medal\n \n \n \n Section 1127\n \n of title 10, United States Code, is amended by striking\n \n \n \n displayed—\n \n \n \n (1)\n \n \n not lower than the position immediately following the position of the bronze star; and\n \n \n \n \n (2)\n \n \n above the position of the Distinguished Warfare Medal.\n \n \n \n .\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 833 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Hunter (for himself, Mr. Rooney , Mr. Murphy of Pennsylvania , Mr. Kinzinger of Illinois , and Mr. Heck of Nevada ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to require that the Purple Heart occupy a position of precedence above the new Distinguished Warfare Medal.\n\n1. Precedence of award of Purple Heart compared to award of Distinguished Warfare Medal Section 1127 of title 10, United States Code, is amended by striking displayed, not lower than that immediately following the bronze star. and inserting the following: displayed— (1) not lower than the position immediately following the position of the bronze star; and (2) above the position of the Distinguished Warfare Medal. ."}}},{"rowIdx":1563,"cells":{"tv_id":{"kind":"string","value":"113-hr-834-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-834"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":834,"string":"834"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr834ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr834ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:41.439"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 834 IH: Veterans’ Efficiencies Through Savings Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Cost-benefit\n\t\t\t analyses required for certain geographic areas served by multiple Department of\n\t\t\t Veterans Affairs medical facilities\n \n \n \n (a)\n \n \n Cost-Benefit\n\t\t\t analysis required\n \n \n The\n\t\t\t Secretary of Veterans Affairs shall conduct a cost-benefit analysis of the\n\t\t\t provision of medical care by the Department of Veterans Affairs for the\n\t\t\t following geographic areas:\n \n \n \n (1)\n \n \n Any 75 square mile\n\t\t\t area where three or more Department outpatient clinics are located.\n \n \n \n \n (2)\n \n \n Any 100 square\n\t\t\t mile area where two or more Department hospitals are located.\n \n \n \n \n \n (b)\n \n \n Contents of\n\t\t\t analysis\n \n \n In conducting a cost-benefit analysis under subsection\n\t\t\t (a)—\n \n \n \n (1)\n \n \n for any area\n\t\t\t described in paragraph (1) of such subsection, the Secretary shall determine\n\t\t\t whether the benefits of operating all three clinics in the area outweigh the\n\t\t\t benefits of replacing such clinics with one comprehensive outpatient\n\t\t\t clinic;\n \n \n \n \n (2)\n \n \n the Secretary\n\t\t\t shall consider the benefits of constructing a new Department hospital to serve\n\t\t\t veterans residing in the area and the benefits of entering into an agreement\n\t\t\t with a non-Department hospital for the provision of dedicated space within the\n\t\t\t hospital to provide in-patient hospital care to veterans residing in the area;\n\t\t\t and\n \n \n \n \n (3)\n \n \n the Secretary\n\t\t\t shall evaluate any agreements entered into with non-Department medical care\n\t\t\t providers to provide medical care to veterans residing in an area served by one\n\t\t\t or more of the outpatient clinics or hospitals located in the area for which\n\t\t\t the analysis is conducted to determine whether to enter into such an agreement\n\t\t\t with any additional providers.\n \n \n \n \n \n (c)\n \n \n Report to\n\t\t\t Congress\n \n \n Not later than 6 months after the date of the enactment\n\t\t\t of this Act, the Secretary shall submit to Congress a report on any\n\t\t\t cost-benefit analysis conducted under this section.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 834 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. LoBiondo (for himself, Mr. Smith of New Jersey , Mr. Runyan , and Mr. Andrews ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to conduct cost-benefit analyses for the provision of medical care by the Department of Veterans Affairs in certain geographic areas served by multiple Department of Veterans Affairs medical facilities.\n\n1. Short title This Act may be cited as the Veterans’ Efficiencies Through Savings Act of 2013 or the VETS Act of 2013 . 2. Cost-benefit analyses required for certain geographic areas served by multiple Department of Veterans Affairs medical facilities (a) Cost-Benefit analysis required The Secretary of Veterans Affairs shall conduct a cost-benefit analysis of the provision of medical care by the Department of Veterans Affairs for the following geographic areas: (1) Any 75 square mile area where three or more Department outpatient clinics are located. (2) Any 100 square mile area where two or more Department hospitals are located. (b) Contents of analysis In conducting a cost-benefit analysis under subsection (a)— (1) for any area described in paragraph (1) of such subsection, the Secretary shall determine whether the benefits of operating all three clinics in the area outweigh the benefits of replacing such clinics with one comprehensive outpatient clinic; (2) the Secretary shall consider the benefits of constructing a new Department hospital to serve veterans residing in the area and the benefits of entering into an agreement with a non-Department hospital for the provision of dedicated space within the hospital to provide in-patient hospital care to veterans residing in the area; and (3) the Secretary shall evaluate any agreements entered into with non-Department medical care providers to provide medical care to veterans residing in an area served by one or more of the outpatient clinics or hospitals located in the area for which the analysis is conducted to determine whether to enter into such an agreement with any additional providers. (c) Report to Congress Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on any cost-benefit analysis conducted under this section."}}},{"rowIdx":1564,"cells":{"tv_id":{"kind":"string","value":"113-hr-835-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-835"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":835,"string":"835"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr835ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr835ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:40.874"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 835 IH: Energy Assistance for American Families Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Reauthorization\n\t\t\t of LIHEAP\n \n \n Section 2602(b) of\n\t\t\t the Low-Income Home Energy Assistance Act of 1981 (\n \n 42 U.S.C. 8621(b)\n \n ) is\n\t\t\t amended—\n \n \n \n (1)\n \n \n by striking\n \n \n \n \n (2)\n \n \n by inserting after\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 835 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Markey (for himself, Mr. Larson of Connecticut , Ms. DeLauro , Mr. McGovern , and Mr. Welch ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reauthorize the Low-Income Home Energy Assistance Program for fiscal years 2014 through 2018, and for other purposes.\n\n1. Short title This Act may be cited as the Energy Assistance for American Families Act . 2. Reauthorization of LIHEAP Section 2602(b) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621(b) ) is amended— (1) by striking 2001, and and inserting 2001, ; and (2) by inserting after 2007 the following: , and $7,600,000,000 for each of fiscal years 2014 through 2018. Notwithstanding section 2605(b)(2)(B)(ii), a State may use any allotment from funds appropriated under this subsection for fiscal years 2014 through 2018 to provide assistance to households whose income does not exceed 75 percent of the State median income ."}}},{"rowIdx":1565,"cells":{"tv_id":{"kind":"string","value":"113-hr-836-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-836"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":836,"string":"836"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr836ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr836ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:40.422"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 836 IH: Sunshine on Conflicts Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Approval by\n\t\t\t disinterested board members\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n Section 402(a) of the Federal Water Pollution Control Act\n\t\t\t (\n \n 33 U.S.C. 1342(a)\n \n ) is amended by adding at the end the following:\n \n \n \n \n (6)\n \n \n Not later than 60 days after the date of\n\t\t\t\tthe enactment of this paragraph, the Administrator shall issue a rule to\n\t\t\t\tprohibit any member of a board or body that approves permit applications or\n\t\t\t\tportions thereof from voting upon, or seeking to influence, the approval of any\n\t\t\t\tpermit in which that member has a direct or indirect financial interest, as\n\t\t\t\tdefined in applicable State\n\t\t\t\tlaw.\n \n \n \n .\n \n \n \n \n \n (b)\n \n \n No force or\n\t\t\t effect of existing regulation\n \n \n \n Section 123.25(c)\n \n of title 40, Code of\n\t\t\t Federal Regulations, shall have no further force or effect after the earliest\n\t\t\t of the date on which a rule is issued under section 402(a)(6) of the Federal\n\t\t\t Water Pollution Control Act (\n \n 33 U.S.C. 1342(a)(6)\n \n ) or the end of the 120-day\n\t\t\t period beginning on the date of the enactment of this section.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 836 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Gary G. Miller of California introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to clarify the requirement that permit applications for the discharge of pollutants be approved by disinterested board members, and for other purposes.\n\n1. Short title This Act may be cited as the Sunshine on Conflicts Act of 2013 . 2. Approval by disinterested board members (a) In general Section 402(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(a) ) is amended by adding at the end the following: (6) Not later than 60 days after the date of the enactment of this paragraph, the Administrator shall issue a rule to prohibit any member of a board or body that approves permit applications or portions thereof from voting upon, or seeking to influence, the approval of any permit in which that member has a direct or indirect financial interest, as defined in applicable State law. . (b) No force or effect of existing regulation Section 123.25(c) of title 40, Code of Federal Regulations, shall have no further force or effect after the earliest of the date on which a rule is issued under section 402(a)(6) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(a)(6) ) or the end of the 120-day period beginning on the date of the enactment of this section."}}},{"rowIdx":1566,"cells":{"tv_id":{"kind":"string","value":"113-hr-837-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-837"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":837,"string":"837"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr837ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr837ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:40.004"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 837 IH: Savings for American Families’ Future Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Modification of\n\t\t\t saver’s credit\n \n \n \n (a)\n \n \n 50 percent\n\t\t\t credit for all taxpayers: expansion of phaseout ranges\n \n \n Subsection\n\t\t\t (b) of\n \n section 25B\n \n of the Internal Revenue Code of 1986 is amended to read as\n\t\t\t follows:\n \n \n \n \n (b)\n \n \n Applicable\n\t\t\t\tpercentage\n \n \n For purposes of this section—\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n Except as provided in paragraph (2), the applicable\n\t\t\t\tpercentage is 50 percent.\n \n \n \n \n (2)\n \n \n Phaseout\n \n \n The\n\t\t\t\tpercentage under paragraph (1) shall be reduced (but not below zero) by the\n\t\t\t\tnumber of percentage points which bears the same ratio to 50 percentage points\n\t\t\t\tas—\n \n \n \n (A)\n \n \n the excess\n\t\t\t\tof—\n \n \n \n (i)\n \n \n the taxpayer’s\n\t\t\t\tadjusted gross income for such taxable year, over\n \n \n \n \n (ii)\n \n \n the applicable\n\t\t\t\tdollar amount, bears to\n \n \n \n \n \n (B)\n \n \n the phaseout\n\t\t\t\trange.\n \n \n \n If any\n\t\t\t\treduction determined under this paragraph is not a whole percentage point, such\n\t\t\t\treduction shall be rounded to the nearest whole percentage point.\n \n \n \n \n (3)\n \n \n Applicable\n\t\t\t\tdollar amount; phaseout range\n \n \n \n (A)\n \n \n Joint\n\t\t\t\treturns\n \n \n Except as provided in subparagraph (B)—\n \n \n \n (i)\n \n \n the applicable\n\t\t\t\tdollar amount is $65,000, and\n \n \n \n \n (ii)\n \n \n the phaseout\n\t\t\t\trange is $20,000.\n \n \n \n \n \n (B)\n \n \n Other\n\t\t\t\treturns\n \n \n In the case\n\t\t\t\tof—\n \n \n \n (i)\n \n \n a head of a household (as defined in\n\t\t\t\tsection 2(b)), the applicable dollar amount and the phaseout range shall be\n \n 3/4\n \n of the amounts applicable under subparagraph (A) (as\n\t\t\t\tadjusted under paragraph (4)), and\n \n \n \n \n (ii)\n \n \n any taxpayer who is not filing a joint\n\t\t\t\treturn and who is not a head of a household (as so defined), the applicable\n\t\t\t\tdollar amount and the phaseout range shall be\n \n ½\n \n of the\n\t\t\t\tamounts applicable under subparagraph (A) (as so adjusted).\n \n \n \n \n \n \n (4)\n \n \n Inflation\n\t\t\t\tadjustment of applicable dollar amount\n \n \n In the case of any taxable year beginning\n\t\t\t\tin a calendar year after 2014, the dollar amount in paragraph (3)(A)(i) shall\n\t\t\t\tbe increased by an amount equal to—\n \n \n \n (A)\n \n \n such dollar\n\t\t\t\tamount, multiplied by\n \n \n \n \n (B)\n \n \n the cost-of-living\n\t\t\t\tadjustment determined under section 1(f)(3) for the calendar year in which the\n\t\t\t\ttaxable year begins, determined by substituting\n \n \n \n Any\n\t\t\t\tincrease determined under the preceding sentence shall be rounded to the\n\t\t\t\tnearest multiple of\n\t\t\t\t$500.\n \n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Credit made\n\t\t\t refundable; matching contributions\n \n \n \n (1)\n \n \n Credit made\n\t\t\t refundable\n \n \n The Internal\n\t\t\t Revenue Code of 1986 is amended by moving section 25B to subpart C of part IV\n\t\t\t of subchapter A of chapter 1 of such Code (relating to refundable credits), by\n\t\t\t inserting section 25B after section 36B, and by redesignating section 25B as\n\t\t\t section 36C.\n \n \n \n \n (2)\n \n \n Matching\n\t\t\t contributions\n \n \n Section 36C of such Code, as redesignated by\n\t\t\t paragraph (1), is amended by adding at the end the following:\n \n \n \n \n (g)\n \n \n Matching\n\t\t\t\tcontributions\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n The credit allowed to\n\t\t\t\tan eligible individual under this section for any taxable year shall be twice\n\t\t\t\tthe credit which would (but for this subsection) be allowed if—\n \n \n \n (A)\n \n \n the individual\n\t\t\t\tconsents to the application of paragraph (2), and\n \n \n \n \n (B)\n \n \n a designation by\n\t\t\t\tsuch individual is in effect for such year under paragraph (3).\n \n \n \n \n \n (2)\n \n \n Credit paid into\n\t\t\t\tdesignated retirement account\n \n \n Any credit under this section for\n\t\t\t\tany taxable year shall be paid by the Secretary into the designated retirement\n\t\t\t\taccount of the individual for such year. The amount payable under the preceding\n\t\t\t\tsentence shall be subject to the reductions under section 6402 in the same\n\t\t\t\tmanner as if such amount were an overpayment. The amount so paid shall be\n\t\t\t\ttreated as refunded to such individual.\n \n \n \n \n (3)\n \n \n Designated\n\t\t\t\tretirement account\n \n \n For purposes of this subsection, the term\n \n designated retirement account\n \n means any account or plan—\n \n \n \n (A)\n \n \n of a type to which\n\t\t\t\tqualified retirement savings contributions may be made,\n \n \n \n \n (B)\n \n \n which is for such\n\t\t\t\tindividual’s benefit, and\n \n \n \n \n (C)\n \n \n which is\n\t\t\t\tdesignated by such individual (in such form and manner as the Secretary may\n\t\t\t\tprovide) on the return of tax for the taxable year.\n \n \n \n \n \n (4)\n \n \n Treatment of\n\t\t\t\tmatching contributions\n \n \n In the case of an amount paid under\n\t\t\t\tparagraph (2) into a designated retirement account—\n \n \n \n (A)\n \n \n any dollar\n\t\t\t\tlimitation otherwise applicable to the amount of contributions or deferrals to\n\t\t\t\tsuch account shall be increased by the amount so paid,\n \n \n \n \n (B)\n \n \n the individual’s\n\t\t\t\tbasis in such account shall not be increased by reason of the amount so paid,\n\t\t\t\tand\n \n \n \n \n (C)\n \n \n such amount shall\n\t\t\t\tbe treated as an employer contribution for the plan year in which such amount\n\t\t\t\tis paid for purposes of—\n \n \n \n (i)\n \n \n section 401(k)(3),\n\t\t\t\tand\n \n \n \n \n (ii)\n \n \n section\n\t\t\t\t408(k)(6)(A)(iii).\n \n \n \n \n \n \n (5)\n \n \n Regulations\n \n \n The Secretary shall prescribe such\n\t\t\t\tregulations or other guidance as may be necessary to address situations under\n\t\t\t\twhich the Secretary is not able to make a payment to a designated retirement\n\t\t\t\taccount of an individual, including a plan of an employer for which the\n\t\t\t\tindividual no longer works and to an account that does not\n\t\t\t\texist.\n \n \n \n \n .\n \n \n \n \n \n (3)\n \n \n Conforming\n\t\t\t amendments\n \n \n \n (A)\n \n \n Section 6211(b)(4)(A) of such Code is\n\t\t\t amended by inserting\n \n \n \n \n (B)\n \n \n The table of\n\t\t\t sections for subpart A of part IV of subchapter A of chapter 1 of such Code is\n\t\t\t amended by striking the item relating to section 25B.\n \n \n \n \n (C)\n \n \n The table of\n\t\t\t sections for subpart C of such part is amended by adding at the end the\n\t\t\t following new item:\n \n \n \n \n Sec. 36C. Elective deferrals and IRA\n\t\t\t\tcontributions by certain\n\t\t\t\tindividuals.\n \n \n \n .\n \n \n \n \n \n (D)\n \n \n Section 1324(b)(2)\n\t\t\t of title 31, United States Code, is amended by inserting\n \n \n \n \n \n \n (c)\n \n \n Maximum\n\t\t\t contributions\n \n \n Subsection (a) of section 36C of such Code, as\n\t\t\t redesignated by subsection (b), is amended to read as follows:\n \n \n \n \n (a)\n \n \n Allowance of\n\t\t\t\tcredit\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n In the case of an eligible individual, there shall be\n\t\t\t\tallowed as a credit against the tax imposed by this subtitle for the taxable\n\t\t\t\tyear an amount equal to the applicable percentage of so much of the qualified\n\t\t\t\tretirement savings contributions of the eligible individual for the taxable\n\t\t\t\tyear as do not exceed the contribution limit.\n \n \n \n \n (2)\n \n \n Contribution\n\t\t\t\tlimit\n \n \n For purposes of\n\t\t\t\tparagraph (1)—\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n Except as otherwise provided in this paragraph, the\n\t\t\t\tcontribution limit is $500 ($1,500 for taxable years beginning after\n\t\t\t\t2023).\n \n \n \n \n (B)\n \n \n Annual increases\n\t\t\t\tto reach $1,500\n \n \n In the case of taxable years beginning in a\n\t\t\t\tcalendar year after 2013 and before 2024, the contribution limit shall be the\n\t\t\t\tsum of—\n \n \n \n (i)\n \n \n the contribution\n\t\t\t\tlimit for taxable years beginning in the preceding calendar year (as increased\n\t\t\t\tunder this subparagraph), and\n \n \n \n \n (ii)\n \n \n $100.\n \n \n \n \n \n (C)\n \n \n Inflation\n\t\t\t\tadjustment\n \n \n In the case of any\n\t\t\t\ttaxable year beginning in a calendar year after 2023, the $1,500 amount in\n\t\t\t\tsubparagraph (A) shall be increased by an amount equal to—\n \n \n \n (i)\n \n \n such dollar\n\t\t\t\tamount, multiplied by\n \n \n \n \n (ii)\n \n \n the\n\t\t\t\tcost-of-living adjustment determined under section 1(f)(3) for the calendar\n\t\t\t\tyear in which the taxable year begins, determined by substituting\n \n \n \n Any\n\t\t\t\tincrease determined under the preceding sentence shall be rounded to the\n\t\t\t\tnearest multiple of\n\t\t\t\t$50.\n \n \n \n \n \n .\n \n \n \n \n \n (d)\n \n \n Effective\n\t\t\t date\n \n \n The amendments made by this section shall apply to taxable\n\t\t\t years beginning after December 31, 2013.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 837 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Neal (for himself, Mr. Lewis , Mr. Kind , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to expand the availability of the saver’s credit, to make the credit refundable, and to make Federal matching contributions into the retirement savings of the taxpayer.\n\n1. Short title This Act may be cited as the Savings for American Families’ Future Act of 2013 . 2. Modification of saver’s credit (a) 50 percent credit for all taxpayers: expansion of phaseout ranges Subsection (b) of section 25B of the Internal Revenue Code of 1986 is amended to read as follows: (b) Applicable percentage For purposes of this section— (1) In general Except as provided in paragraph (2), the applicable percentage is 50 percent. (2) Phaseout The percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 50 percentage points as— (A) the excess of— (i) the taxpayer’s adjusted gross income for such taxable year, over (ii) the applicable dollar amount, bears to (B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the nearest whole percentage point. (3) Applicable dollar amount; phaseout range (A) Joint returns Except as provided in subparagraph (B)— (i) the applicable dollar amount is $65,000, and (ii) the phaseout range is $20,000. (B) Other returns In the case of— (i) a head of a household (as defined in section 2(b)), the applicable dollar amount and the phaseout range shall be 3/4 of the amounts applicable under subparagraph (A) (as adjusted under paragraph (4)), and (ii) any taxpayer who is not filing a joint return and who is not a head of a household (as so defined), the applicable dollar amount and the phaseout range shall be ½ of the amounts applicable under subparagraph (A) (as so adjusted). (4) Inflation adjustment of applicable dollar amount In the case of any taxable year beginning in a calendar year after 2014, the dollar amount in paragraph (3)(A)(i) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $500. . (b) Credit made refundable; matching contributions (1) Credit made refundable The Internal Revenue Code of 1986 is amended by moving section 25B to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits), by inserting section 25B after section 36B, and by redesignating section 25B as section 36C. (2) Matching contributions Section 36C of such Code, as redesignated by paragraph (1), is amended by adding at the end the following: (g) Matching contributions (1) In general The credit allowed to an eligible individual under this section for any taxable year shall be twice the credit which would (but for this subsection) be allowed if— (A) the individual consents to the application of paragraph (2), and (B) a designation by such individual is in effect for such year under paragraph (3). (2) Credit paid into designated retirement account Any credit under this section for any taxable year shall be paid by the Secretary into the designated retirement account of the individual for such year. The amount payable under the preceding sentence shall be subject to the reductions under section 6402 in the same manner as if such amount were an overpayment. The amount so paid shall be treated as refunded to such individual. (3) Designated retirement account For purposes of this subsection, the term designated retirement account means any account or plan— (A) of a type to which qualified retirement savings contributions may be made, (B) which is for such individual’s benefit, and (C) which is designated by such individual (in such form and manner as the Secretary may provide) on the return of tax for the taxable year. (4) Treatment of matching contributions In the case of an amount paid under paragraph (2) into a designated retirement account— (A) any dollar limitation otherwise applicable to the amount of contributions or deferrals to such account shall be increased by the amount so paid, (B) the individual’s basis in such account shall not be increased by reason of the amount so paid, and (C) such amount shall be treated as an employer contribution for the plan year in which such amount is paid for purposes of— (i) section 401(k)(3), and (ii) section 408(k)(6)(A)(iii). (5) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary to address situations under which the Secretary is not able to make a payment to a designated retirement account of an individual, including a plan of an employer for which the individual no longer works and to an account that does not exist. . (3) Conforming amendments (A) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B, . (B) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B. (C) The table of sections for subpart C of such part is amended by adding at the end the following new item: Sec. 36C. Elective deferrals and IRA contributions by certain individuals. . (D) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 36C, after 36B, . (c) Maximum contributions Subsection (a) of section 36C of such Code, as redesignated by subsection (b), is amended to read as follows: (a) Allowance of credit (1) In general In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of so much of the qualified retirement savings contributions of the eligible individual for the taxable year as do not exceed the contribution limit. (2) Contribution limit For purposes of paragraph (1)— (A) In general Except as otherwise provided in this paragraph, the contribution limit is $500 ($1,500 for taxable years beginning after 2023). (B) Annual increases to reach $1,500 In the case of taxable years beginning in a calendar year after 2013 and before 2024, the contribution limit shall be the sum of— (i) the contribution limit for taxable years beginning in the preceding calendar year (as increased under this subparagraph), and (ii) $100. (C) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2023, the $1,500 amount in subparagraph (A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2022 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013."}}},{"rowIdx":1567,"cells":{"tv_id":{"kind":"string","value":"113-hr-838-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-838"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":838,"string":"838"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr838ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr838ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:39.872"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 838 IH: Racial Profiling Prevention Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Grant program to\n\t\t\t prohibit racial profiling\n \n \n \n (a)\n \n \n Grants\n \n \n Subject to the requirements of this\n\t\t\t section, the Secretary shall make grants to a State that—\n \n \n \n (1)\n \n \n \n (A)\n \n \n has enacted and is enforcing a law that\n\t\t\t prohibits the use of racial profiling in the enforcement of State laws\n\t\t\t regulating the use of Federal-aid highways; and\n \n \n \n \n (B)\n \n \n is maintaining and allows public\n\t\t\t inspection of statistical information for each motor vehicle stop made by a law\n\t\t\t enforcement officer on a Federal-aid highway in the State regarding the race\n\t\t\t and ethnicity of the driver and any passengers; or\n \n \n \n \n \n (2)\n \n \n provides\n\t\t\t assurances satisfactory to the Secretary that the State is undertaking\n\t\t\t activities to comply with the requirements of paragraph (1).\n \n \n \n \n \n (b)\n \n \n Eligible\n\t\t\t activities\n \n \n A grant received\n\t\t\t by a State under subsection (a) shall be used by the State—\n \n \n \n (1)\n \n \n in the case of a State eligible under\n\t\t\t subsection (a)(1), for costs of—\n \n \n \n (A)\n \n \n collecting and maintaining of data on\n\t\t\t traffic stops;\n \n \n \n \n (B)\n \n \n evaluating the\n\t\t\t results of the data; and\n \n \n \n \n (C)\n \n \n developing and\n\t\t\t implementing programs to reduce the occurrence of racial profiling, including\n\t\t\t programs to train law enforcement officers; and\n \n \n \n \n \n (2)\n \n \n in the case of a State eligible under\n\t\t\t subsection (a)(2), for costs of—\n \n \n \n (A)\n \n \n activities to comply with the requirements\n\t\t\t of subsection (a)(1); and\n \n \n \n \n (B)\n \n \n any eligible\n\t\t\t activity under paragraph (1).\n \n \n \n \n \n \n (c)\n \n \n Racial\n\t\t\t profiling\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n To meet the\n\t\t\t requirement of subsection (a)(1), a State law shall prohibit, in the\n\t\t\t enforcement of State laws regulating the use of Federal-aid highways, a State\n\t\t\t or local law enforcement officer from using the race or ethnicity of the driver\n\t\t\t or passengers to any degree in making routine or spontaneous law enforcement\n\t\t\t decisions, such as ordinary traffic stops on Federal-aid highways.\n \n \n \n \n (2)\n \n \n Limitation\n \n \n Nothing in this subsection shall alter the\n\t\t\t manner in which a State or local law enforcement officer considers race or\n\t\t\t ethnicity whenever there is trustworthy information, relevant to the locality\n\t\t\t or time frame, that links persons of a particular race or ethnicity to an\n\t\t\t identified criminal incident, scheme, or organization.\n \n \n \n \n \n (d)\n \n \n Limitations\n \n \n \n (1)\n \n \n Maximum amount\n\t\t\t of grants\n \n \n The total amount of\n\t\t\t grants made to a State under this section in a fiscal year may not exceed 5\n\t\t\t percent of the amount made available to carry out this section in the fiscal\n\t\t\t year.\n \n \n \n \n (2)\n \n \n Eligibility\n \n \n A State may not receive a grant under\n\t\t\t subsection (a)(2) in more than 2 fiscal years.\n \n \n \n \n \n (e)\n \n \n Authorization of\n\t\t\t appropriations\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n There is authorized\n\t\t\t to be appropriated from the Highway Trust Fund (other than the Mass Transit\n\t\t\t Account) to carry out this section $7,500,000 for each of fiscal years 2013\n\t\t\t through 2017.\n \n \n \n \n (2)\n \n \n Contract\n\t\t\t authority\n \n \n Funds authorized by\n\t\t\t this subsection shall be available for obligation in the same manner as if the\n\t\t\t funds were apportioned under\n \n chapter 1\n \n of title 23, United States Code, except\n\t\t\t the Federal share of the cost of activities carried out using such funds shall\n\t\t\t be 80 percent, and such funds shall remain available until expended and shall\n\t\t\t not be transferable.\n \n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 838 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To provide grants to States in order to prevent racial profiling.\n\n1. Short title This Act may be cited as the Racial Profiling Prevention Act . 2. Grant program to prohibit racial profiling (a) Grants Subject to the requirements of this section, the Secretary shall make grants to a State that— (1) (A) has enacted and is enforcing a law that prohibits the use of racial profiling in the enforcement of State laws regulating the use of Federal-aid highways; and (B) is maintaining and allows public inspection of statistical information for each motor vehicle stop made by a law enforcement officer on a Federal-aid highway in the State regarding the race and ethnicity of the driver and any passengers; or (2) provides assurances satisfactory to the Secretary that the State is undertaking activities to comply with the requirements of paragraph (1). (b) Eligible activities A grant received by a State under subsection (a) shall be used by the State— (1) in the case of a State eligible under subsection (a)(1), for costs of— (A) collecting and maintaining of data on traffic stops; (B) evaluating the results of the data; and (C) developing and implementing programs to reduce the occurrence of racial profiling, including programs to train law enforcement officers; and (2) in the case of a State eligible under subsection (a)(2), for costs of— (A) activities to comply with the requirements of subsection (a)(1); and (B) any eligible activity under paragraph (1). (c) Racial profiling (1) In general To meet the requirement of subsection (a)(1), a State law shall prohibit, in the enforcement of State laws regulating the use of Federal-aid highways, a State or local law enforcement officer from using the race or ethnicity of the driver or passengers to any degree in making routine or spontaneous law enforcement decisions, such as ordinary traffic stops on Federal-aid highways. (2) Limitation Nothing in this subsection shall alter the manner in which a State or local law enforcement officer considers race or ethnicity whenever there is trustworthy information, relevant to the locality or time frame, that links persons of a particular race or ethnicity to an identified criminal incident, scheme, or organization. (d) Limitations (1) Maximum amount of grants The total amount of grants made to a State under this section in a fiscal year may not exceed 5 percent of the amount made available to carry out this section in the fiscal year. (2) Eligibility A State may not receive a grant under subsection (a)(2) in more than 2 fiscal years. (e) Authorization of appropriations (1) In general There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $7,500,000 for each of fiscal years 2013 through 2017. (2) Contract authority Funds authorized by this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except the Federal share of the cost of activities carried out using such funds shall be 80 percent, and such funds shall remain available until expended and shall not be transferable."}}},{"rowIdx":1568,"cells":{"tv_id":{"kind":"string","value":"113-hr-839-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-839"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":839,"string":"839"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr839ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr839ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:39.771"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 839 IH: Prompt Notification of Short Sales Act\n \n \n U.S. House of Representatives\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Definitions\n \n \n For purposes of this Act, the following definitions shall apply:\n \n \n \n (a)\n \n \n Residential mortgage loan\n \n \n The term\n \n residential mortgage loan\n \n means any consumer credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real property that includes a dwelling, other than a consumer credit transaction under an open end credit plan or an extension of credit relating to a plan described in\n \n section 101(53D)\n \n of title 11, United States Code.\n \n \n \n \n (b)\n \n \n Securitization vehicle\n \n \n The term\n \n securitization vehicle\n \n means a trust, special purpose entity, or other legal structure that is used to facilitate the issuing of securities, participation certificates, or similar instruments backed by or referring to a pool of assets that includes residential mortgage loans (or instruments that are related to residential mortgage loans, such as credit-linked notes).\n \n \n \n \n (c)\n \n \n Servicer\n \n \n The term\n \n servicer\n \n has the same meaning as in section 129A of the Truth in Lending Act (\n \n 15 U.S.C. 1639a\n \n ), except that such term includes a person who makes or holds a residential mortgage loan (including a pool of residential mortgage loans), if such person also services the loan.\n \n \n \n \n (d)\n \n \n Short sale\n \n \n The term\n \n short sale\n \n means the sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures a residential mortgage loan that—\n \n \n \n (1)\n \n \n will result in proceeds in an amount that is less than the remaining amount due under the mortgage loan; and\n \n \n \n \n (2)\n \n \n requires authorization by the securitization vehicle or other investment vehicle or holder of the mortgage loan, or the servicer acting on behalf of such a vehicle or holder.\n \n \n \n \n \n \n 3.\n \n \n Prompt notifications and decision regarding short sale\n \n \n \n (a)\n \n \n Requirement for prompt notifications, decisions\n \n \n \n (1)\n \n \n Notifications\n \n \n \n (A)\n \n \n In general\n \n \n Each servicer shall provide in writing to a mortgagor of a residential mortgage loan—\n \n \n \n (i)\n \n \n an acknowledgment of receipt of a written request of the mortgagor, not later than 3 days after the date of such receipt;\n \n \n \n \n (ii)\n \n \n a notice of any missing or incomplete information required with respect to such request, not later than 5 days after the date of such receipt; and\n \n \n \n \n (iii)\n \n \n a definitive response to such request approving or denying such request, not later than 30 days after the date of such receipt.\n \n \n \n \n \n (B)\n \n \n Exceptional circumstances\n \n \n In any case in which a servicer is unable to provide a decision with respect to a written request of a mortgagor of a residential mortgage loan during the 30-day period required by subparagraph (A), such period may be extended to not later than 60 days after the date of receipt of a completed application, except that the servicer shall, verbally or in writing—\n \n \n \n (i)\n \n \n notify the mortgagor during the initial 30-day period that the application is still under review; and\n \n \n \n \n (ii)\n \n \n each week thereafter provide to the mortgagor a status update indicating the reasons why a decision is pending beyond the required 30-day period.\n \n \n \n \n \n (C)\n \n \n Applicability\n \n \n Subparagraph (A) shall apply, except as provided in subsection (b), and notwithstanding any other provision of law or of any contract, including a contract between a servicer of a residential mortgage loan and a securitization vehicle or other investment vehicle.\n \n \n \n \n (D)\n \n \n Content\n \n \n A written response by a servicer under subparagraph (A) shall specify a decision on whether such request has been denied, approved, or that such request has been approved subject to specified changes.\n \n \n \n \n \n (2)\n \n \n Mortgagor submission\n \n \n Paragraph (1) shall apply in any case in which the mortgagor under a residential mortgage loan submits to the servicer thereof—\n \n \n \n (A)\n \n \n a written offer for a short sale of the dwelling or residential real property that is subject to the mortgage, deed of trust, or other security interest that secures the mortgage loan; and\n \n \n \n \n (B)\n \n \n all information required by the servicer in connection with such a request (including a copy of an executed contract between the owner of the dwelling or property and the prospective buyer that is subject to approval by the servicer).\n \n \n \n \n \n (3)\n \n \n Civil actions authorized\n \n \n An aggrieved individual may bring an action in a court of competent jurisdiction, asserting a violation of this Act. Aggrieved individuals may be awarded all appropriate relief, including equitable relief, and a monetary award of $1,000 per violation, plus reasonable attorneys’ fees, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures.\n \n \n \n \n \n (b)\n \n \n Inapplicability to certain existing mortgages\n \n \n Subsection (a) shall not apply with respect to any residential mortgage with respect to which the mortgagor and the mortgagee or servicer have entered into a written agreement before the date of enactment of this Act explicitly providing a procedure or terms for approval of a short sale.\n \n \n \n \n (c)\n \n \n Treatment of other time limits\n \n \n This section may not be construed to preempt, annul, or otherwise affect any other provision of law or of any contract or program that provides a shorter period than is provided under subsection (a) for a decision by the servicer of a residential mortgage loan regarding a short sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures the mortgage loan.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 839 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Rooney (for himself and Mr. Andrews ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the lender or servicer of a home mortgage, upon a request by the homeowner for a short sale, to make a prompt decision whether to allow the sale.\n\n1. Short title This Act may be cited as the Prompt Notification of Short Sales Act . 2. Definitions For purposes of this Act, the following definitions shall apply: (a) Residential mortgage loan The term residential mortgage loan means any consumer credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real property that includes a dwelling, other than a consumer credit transaction under an open end credit plan or an extension of credit relating to a plan described in section 101(53D) of title 11, United States Code. (b) Securitization vehicle The term securitization vehicle means a trust, special purpose entity, or other legal structure that is used to facilitate the issuing of securities, participation certificates, or similar instruments backed by or referring to a pool of assets that includes residential mortgage loans (or instruments that are related to residential mortgage loans, such as credit-linked notes). (c) Servicer The term servicer has the same meaning as in section 129A of the Truth in Lending Act ( 15 U.S.C. 1639a ), except that such term includes a person who makes or holds a residential mortgage loan (including a pool of residential mortgage loans), if such person also services the loan. (d) Short sale The term short sale means the sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures a residential mortgage loan that— (1) will result in proceeds in an amount that is less than the remaining amount due under the mortgage loan; and (2) requires authorization by the securitization vehicle or other investment vehicle or holder of the mortgage loan, or the servicer acting on behalf of such a vehicle or holder. 3. Prompt notifications and decision regarding short sale (a) Requirement for prompt notifications, decisions (1) Notifications (A) In general Each servicer shall provide in writing to a mortgagor of a residential mortgage loan— (i) an acknowledgment of receipt of a written request of the mortgagor, not later than 3 days after the date of such receipt; (ii) a notice of any missing or incomplete information required with respect to such request, not later than 5 days after the date of such receipt; and (iii) a definitive response to such request approving or denying such request, not later than 30 days after the date of such receipt. (B) Exceptional circumstances In any case in which a servicer is unable to provide a decision with respect to a written request of a mortgagor of a residential mortgage loan during the 30-day period required by subparagraph (A), such period may be extended to not later than 60 days after the date of receipt of a completed application, except that the servicer shall, verbally or in writing— (i) notify the mortgagor during the initial 30-day period that the application is still under review; and (ii) each week thereafter provide to the mortgagor a status update indicating the reasons why a decision is pending beyond the required 30-day period. (C) Applicability Subparagraph (A) shall apply, except as provided in subsection (b), and notwithstanding any other provision of law or of any contract, including a contract between a servicer of a residential mortgage loan and a securitization vehicle or other investment vehicle. (D) Content A written response by a servicer under subparagraph (A) shall specify a decision on whether such request has been denied, approved, or that such request has been approved subject to specified changes. (2) Mortgagor submission Paragraph (1) shall apply in any case in which the mortgagor under a residential mortgage loan submits to the servicer thereof— (A) a written offer for a short sale of the dwelling or residential real property that is subject to the mortgage, deed of trust, or other security interest that secures the mortgage loan; and (B) all information required by the servicer in connection with such a request (including a copy of an executed contract between the owner of the dwelling or property and the prospective buyer that is subject to approval by the servicer). (3) Civil actions authorized An aggrieved individual may bring an action in a court of competent jurisdiction, asserting a violation of this Act. Aggrieved individuals may be awarded all appropriate relief, including equitable relief, and a monetary award of $1,000 per violation, plus reasonable attorneys’ fees, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures. (b) Inapplicability to certain existing mortgages Subsection (a) shall not apply with respect to any residential mortgage with respect to which the mortgagor and the mortgagee or servicer have entered into a written agreement before the date of enactment of this Act explicitly providing a procedure or terms for approval of a short sale. (c) Treatment of other time limits This section may not be construed to preempt, annul, or otherwise affect any other provision of law or of any contract or program that provides a shorter period than is provided under subsection (a) for a decision by the servicer of a residential mortgage loan regarding a short sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures the mortgage loan."}}},{"rowIdx":1569,"cells":{"tv_id":{"kind":"string","value":"113-hr-840-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-840"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":840,"string":"840"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr840ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr840ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:39.521"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 840 IH: To improve services for victims of sexual assault and domestic violence.\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Sexual Assault Services\n\t\t\t grants\n \n \n \n (a)\n \n \n Amendment\n \n \n Paragraph (4) of section 14601(b) of the\n\t\t\t Violence Against Women Act of 1994 (\n \n 42 U.S.C. 14043g(b)\n \n ) is amended—\n \n \n \n (1)\n \n \n in the first\n\t\t\t sentence, by striking\n \n \n \n \n (2)\n \n \n by striking the\n\t\t\t third sentence.\n \n \n \n \n \n (b)\n \n \n Effective\n\t\t\t date\n \n \n The amendments made by\n \n subsection (a)\n \n shall apply with respect to\n\t\t\t grants under section 14601 of the Violence Against Women Act of 1994 (42 U.S.C.\n\t\t\t 14043g) for fiscal year 2013 and succeeding fiscal years.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 840 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Sablan (for himself, Mrs. Christensen , Ms. Bordallo , and Ms. Moore ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To improve services for victims of sexual assault and domestic violence.\n\n1. Sexual Assault Services grants (a) Amendment Paragraph (4) of section 14601(b) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043g(b) ) is amended— (1) in the first sentence, by striking , except that the United States Virgin Islands, American Samoa, Guam, the District of Columbia, Puerto Rico, and the Commonwealth of the Northern Mariana Islands shall each be allocated 0.125 percent of the total appropriations ; and (2) by striking the third sentence. (b) Effective date The amendments made by subsection (a) shall apply with respect to grants under section 14601 of the Violence Against Women Act of 1994 (42 U.S.C. 14043g) for fiscal year 2013 and succeeding fiscal years."}}},{"rowIdx":1570,"cells":{"tv_id":{"kind":"string","value":"113-hr-841-eh-dtd"},"legis_id":{"kind":"string","value":"113-hr-841"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":841,"string":"841"},"legis_version":{"kind":"string","value":"eh"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/2/hr/BILLS-113hr841eh.xml"},"file_name":{"kind":"string","value":"BILLS-113hr841eh.xml"},"lastmod":{"kind":"string","value":"2023-01-07 05:49:02.387"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 841 EH: To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.\n \n \n U.S. House of Representatives\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Establishment of reservation\n \n \n Section 1 of the Act entitled\n \n Public Law 100–425\n \n ; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended—\n \n \n \n (1)\n \n \n in subsection (a)—\n \n \n \n (A)\n \n \n by striking\n \n \n \n \n (1)\n \n \n In general\n \n \n Subject to valid\n \n \n \n ; and\n \n \n \n \n \n (B)\n \n \n by adding after paragraph (1) (as designated by subparagraph (A)) the following:\n \n \n \n \n (2)\n \n \n Additional trust acquisitions\n \n \n \n (A)\n \n \n In general\n \n \n The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe.\n \n \n \n \n (B)\n \n \n Treatment of trust land\n \n \n \n (i)\n \n \n All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition.\n \n \n \n \n (ii)\n \n \n Any real property taken into trust under this paragraph shall not be eligible, or used, for any Class II or Class III gaming activity carried out pursuant to the Indian Gaming Regulatory Act (\n \n 25 U.S.C. 2701 et seq.\n \n ), except for real property within 2 miles of the gaming facility in existence on the date of enactment of this Act that is located on State Highway 18 in the Grand Ronde community of Oregon.\n \n \n \n \n \n (C)\n \n \n Reservation\n \n \n All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe.\n \n \n \n \n ; and\n \n \n \n \n \n \n (2)\n \n \n in subsection (c)—\n \n \n \n (A)\n \n \n in the matter preceding the table, by striking\n \n \n \n \n (B)\n \n \n in the table—\n \n \n \n (i)\n \n \n by striking the following:\n \n \n \n
\n \n ;\n \n \n \n \n \n and inserting the following:\n \n \n \n
\n \n ;\n \n \n \n \n \n (ii)\n \n \n in the acres column of the last item added by section 2(a)(1) of\n \n Public Law 103–445\n \n (108 Stat. 4566), by striking\n \n \n \n \n (iii)\n \n \n by striking all text after\n \n \n \n
\n \n ;\n \n \n \n \n \n and inserting the following:\n \n \n \n
\n \n .\n \n \n \n \n \n \n \n \n \n \n Passed the House of Representatives January 13, 2014.\n \n \n Karen L. Haas,\n \n \n Clerk.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 2d Session H. R. 841 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.\n\n1. Establishment of reservation Section 1 of the Act entitled An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes, approved September 9, 1988 ( Public Law 100–425 ; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended— (1) in subsection (a)— (A) by striking Subject to valid and inserting the following: (1) In general Subject to valid ; and (B) by adding after paragraph (1) (as designated by subparagraph (A)) the following: (2) Additional trust acquisitions (A) In general The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. (B) Treatment of trust land (i) All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition. (ii) Any real property taken into trust under this paragraph shall not be eligible, or used, for any Class II or Class III gaming activity carried out pursuant to the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ), except for real property within 2 miles of the gaming facility in existence on the date of enactment of this Act that is located on State Highway 18 in the Grand Ronde community of Oregon. (C) Reservation All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe. ; and (2) in subsection (c)— (A) in the matter preceding the table, by striking in subsection (a) are approximately 10,311.60 and inserting in subsection (a)(1) are approximately 11,349.92 ; and (B) in the table— (i) by striking the following: 6 7 8 Tax lot 800 5.55 ; and inserting the following: 6 7 7, 8, 17, 18 Former tax lot 800, located within the SE ¼ SE ¼ of Section 7; SW ¼ SW ¼ of Section 8; NW ¼ NW ¼ of Section 17; and NE ¼ NE ¼ of Section 18 5.55 ; (ii) in the acres column of the last item added by section 2(a)(1) of Public Law 103–445 (108 Stat. 4566), by striking 240 and inserting 241.06 ; and (iii) by striking all text after 6 7 18 E ½ NE ¼ 43.42 ; and inserting the following: 6 8 1 W ½ SE ¼ SE ¼ 20.6 6 8 1 N ½ SW ¼ SE ¼ 19.99 6 8 1 SE ¼ NE ¼ 9.99 6 8 1 NE ¼ SW ¼ 10.46 6 8 1 NE ¼ SW ¼, NW ¼ SW ¼ 12.99 6 7 6 SW ¼ NW ¼ 37.39 6 7 5 SE ¼ SW ¼ 24.87 6 7 5, 8 SW ¼ SE ¼ of Section 5; and NE ¼ NE ¼, NW ¼ NE ¼, NE ¼ NW ¼ of Section 8 109.9 6 8 1 NW ¼ SE ¼ 31.32 6 8 1 NE ¼ SW ¼ 8.89 6 8 1 SW ¼ NE ¼, NW ¼ NE ¼ 78.4 6 7 8, 17 SW ¼ SW ¼ of Section 8; and NE ¼ NW ¼, NW ¼ NW ¼ of Section 17 14.33 6 7 17 NW¼ NW ¼ 6.68 6 8 12 SW ¼ NE¼ 8.19 6 8 1 SE ¼ SW ¼ 2.0 6 8 1 SW ¼ SW ¼ 5.05 6 8 12 SE ¼, SW ¼ 54.64 6 7 17, 18 SW ¼, NW ¼ of Section 17; and SE ¼, NE ¼ of Section 18 136.83 6 8 1 SW ¼ SE ¼ 20.08 6 7 5 NE ¼ SE ¼, SE ¼ SE ¼, E ½ SE ¼ SW ¼ 97.38 4 7 31 SE ¼ 159.60 6 7 17 NW ¼ NW ¼ 3.14 6 8 12 NW ¼ SE ¼ 1.10 6 7 8 SW ¼ SW ¼ 0.92 6 8 12 NE ¼ NW ¼ 1.99 6 7 7 NW ¼ NW ¼ of Section 7; and 6 8 12 S ½ NE ¼, E ½ NE ¼ NE ¼ of Section 12 86.48 6 8 12 NE ¼ NW ¼ 1.56 6 7 6 W ½ SW ¼ SW ¼ of Section 6; and 6 8 1 E ½ SE ¼ SE ¼ of Section 1 35.82 6 7 5 E ½ NW ¼ SE ¼ 19.88 6 8 12 NW ¼ NE ¼ 0.29 6 8 1 SE ¼ SW ¼ 2.5 6 7 8 NE ¼ NW ¼ 7.16 6 8 1 SE ¼ SW ¼ 5.5 6 8 1 SE ¼ NW ¼ 1.34 Total 11,349.92 .\n\nPassed the House of Representatives January 13, 2014. Karen L. Haas, Clerk."}}},{"rowIdx":1571,"cells":{"tv_id":{"kind":"string","value":"113-hr-841-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-841"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":841,"string":"841"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr841ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr841ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:39.664"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 841 IH: To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Establishment of\n\t\t\t reservation\n \n \n Section 1 of the\n\t\t\t Act entitled\n \n Public Law 100–425\n \n ; 102 Stat. 1594; 102 Stat. 2939;\n\t\t\t 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896),\n\t\t\t is amended—\n \n \n \n (1)\n \n \n in subsection\n\t\t\t (a)—\n \n \n \n (A)\n \n \n by striking\n \n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n Subject to valid\n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (B)\n \n \n by adding after\n\t\t\t paragraph (1) (as designated by subparagraph (A)) the following:\n \n \n \n \n (2)\n \n \n Additional trust\n\t\t\t\tacquisitions\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n The Secretary may accept title to any additional number\n\t\t\t\tof acres of real property located within the boundaries of the original 1857\n\t\t\t\treservation of the Confederated Tribes of the Grand Ronde Community of Oregon\n\t\t\t\testablished by Executive Order dated June 30, 1857, comprised of land within\n\t\t\t\tthe political boundaries of Polk and Yamhill Counties, Oregon, if that real\n\t\t\t\tproperty is conveyed or otherwise transferred to the United States by or on\n\t\t\t\tbehalf of the Tribe.\n \n \n \n \n (B)\n \n \n Treatment of\n\t\t\t\ttrust land\n \n \n All applications to take land into trust within the\n\t\t\t\tboundaries of the original 1857 reservation shall be treated by the Secretary\n\t\t\t\tas an on-reservation trust acquisition.\n \n \n \n \n (C)\n \n \n Reservation\n \n \n All\n\t\t\t\treal property taken into trust within those boundaries at any time after\n\t\t\t\tSeptember 9, 1988, shall be part of the reservation of the\n\t\t\t\tTribe.\n \n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n \n (2)\n \n \n in subsection\n\t\t\t (c)—\n \n \n \n (A)\n \n \n in the matter\n\t\t\t preceding the table, by striking\n \n \n \n \n (B)\n \n \n in the\n\t\t\t table—\n \n \n \n (i)\n \n \n by\n\t\t\t striking the following:\n \n \n \n
\n \n ;\n \n \n \n \n \n and inserting the\n\t\t\t following:\n \n \n \n
\n \n ;\n \n \n \n \n \n (ii)\n \n \n in\n\t\t\t the acres column of the last item added by section 2(a)(1) of Public Law\n\t\t\t 103–445 (108 Stat. 4566), by striking\n \n \n \n \n (iii)\n \n \n by striking all text after\n \n \n \n
\n \n ;\n \n \n \n \n \n and inserting the\n\t\t\t following:\n \n \n \n
\n \n .\n \n \n \n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 841 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Schrader introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.\n\n1. Establishment of reservation Section 1 of the Act entitled An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes, approved September 9, 1988 ( Public Law 100–425 ; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended— (1) in subsection (a)— (A) by striking Subject to valid and inserting the following: (1) In general Subject to valid ; and (B) by adding after paragraph (1) (as designated by subparagraph (A)) the following: (2) Additional trust acquisitions (A) In general The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. (B) Treatment of trust land All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition. (C) Reservation All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe. ; and (2) in subsection (c)— (A) in the matter preceding the table, by striking in subsection (a) are approximately 10,311.60 and inserting in subsection (a)(1) are approximately 11,274.19 ; and (B) in the table— (i) by striking the following: 6 7 8 Tax lot 800 5.55 ; and inserting the following: 6 7 7, 8, 17, 18 Former tax lot 800, located within the SE ¼ SE ¼ of Section 7; SW ¼ SW ¼ of Section 8; NW ¼ NW ¼ of Section 17; and NE ¼ NE ¼ of Section 18 5.55 ; (ii) in the acres column of the last item added by section 2(a)(1) of Public Law 103–445 (108 Stat. 4566), by striking 240 and inserting 241.06 ; and (iii) by striking all text after 6 7 18 E ½ NE ¼ 43.42 ; and inserting the following: 6 8 1 W ½ SE ¼ SE ¼ 20.6 6 8 1 N ½ SW ¼ SE ¼ 19.99 6 8 1 SE ¼ NE ¼ 9.99 6 8 1 NE ¼ SW ¼ 10.46 6 8 1 NE ¼ SW ¼, NW ¼ SW ¼ 12.99 6 7 6 SW ¼ NW ¼ 37.99 6 7 5 SE ¼ SW ¼ 24.87 6 7 5, 8 SW ¼ SE ¼ of Section 5; and NE ¼ NE ¼, NW ¼ NE ¼, NE ¼ NW ¼ of Section 8 109.9 6 8 1 NW ¼ SE ¼ 31.32 6 8 1 NE ¼ SW ¼ 8.89 6 8 1 SW ¼ NE ¼, NW ¼ NE ¼ 78.4 6 7 8, 17 SW ¼ SW ¼ of Section 8; and NE ¼ NW ¼, NW ¼ NW ¼ of Section 17 14.33 6 7 17 NW¼ NW ¼ 6.68 6 8 12 SW ¼ NE¼ 8.19 6 8 1 SE ¼ SW ¼ 2.0 6 8 1 SW ¼ SW ¼ 5.05 6 8 12 SE ¼, SW ¼ 50.8 6 7 17, 18 SW ¼, NW ¼ of Section 17; and SE ¼, NE ¼ of Section 18 136.83 6 8 1 SW ¼ SE ¼ 20.08 6 7 5 NE ¼ SE ¼, SE ¼ SE ¼, E ½ SE ¼ SW ¼ 97.38 4 7 31 SE ¼ 159.60 6 7 17 NW ¼ NW ¼ 3.14 6 8 12 NW ¼ SE ¼ 1.10 6 7 8 SW ¼ SW ¼ 0.92 6 8 12 NE ¼ NW ¼ 1.99 6 7 7 NW ¼ NW ¼ of Section 7; and 6 8 12 S ½ NE ¼, E ½ NE ¼ NE ¼ of Section 12 86.48 6 8 12 NE ¼ NW ¼ 1.56 Total 11,274.19 ."}}},{"rowIdx":1572,"cells":{"tv_id":{"kind":"string","value":"113-hr-841-rfs-dtd"},"legis_id":{"kind":"string","value":"113-hr-841"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":841,"string":"841"},"legis_version":{"kind":"string","value":"rfs"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/2/hr/BILLS-113hr841rfs.xml"},"file_name":{"kind":"string","value":"BILLS-113hr841rfs.xml"},"lastmod":{"kind":"string","value":"2023-01-07 05:49:02.265"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 103 HR 841 : To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.\n \n \n U.S. House of Representatives\n \n \n 2014-01-14\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Establishment of reservation\n \n \n Section 1 of the Act entitled\n \n Public Law 100–425\n \n ; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended—\n \n \n \n (1)\n \n \n in subsection (a)—\n \n \n \n (A)\n \n \n by striking\n \n \n \n \n (1)\n \n \n In general\n \n \n Subject to valid\n \n \n \n ; and\n \n \n \n \n \n (B)\n \n \n by adding after paragraph (1) (as designated by subparagraph (A)) the following:\n \n \n \n \n (2)\n \n \n Additional trust acquisitions\n \n \n \n (A)\n \n \n In general\n \n \n The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe.\n \n \n \n \n (B)\n \n \n Treatment of trust land\n \n \n \n (i)\n \n \n All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition.\n \n \n \n \n (ii)\n \n \n Any real property taken into trust under this paragraph shall not be eligible, or used, for any Class II or Class III gaming activity carried out pursuant to the Indian Gaming Regulatory Act (\n \n 25 U.S.C. 2701 et seq.\n \n ), except for real property within 2 miles of the gaming facility in existence on the date of enactment of this Act that is located on State Highway 18 in the Grand Ronde community of Oregon.\n \n \n \n \n \n (C)\n \n \n Reservation\n \n \n All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe.\n \n \n \n \n ; and\n \n \n \n \n \n \n (2)\n \n \n in subsection (c)—\n \n \n \n (A)\n \n \n in the matter preceding the table, by striking\n \n \n \n \n (B)\n \n \n in the table—\n \n \n \n (i)\n \n \n by striking the following:\n \n \n \n
\n \n ;\n \n \n \n \n \n and inserting the following:\n \n \n \n
\n \n ;\n \n \n \n \n \n (ii)\n \n \n in the acres column of the last item added by section 2(a)(1) of\n \n Public Law 103–445\n \n (108 Stat. 4566), by striking\n \n \n \n \n (iii)\n \n \n by striking all text after\n \n \n \n
\n \n ;\n \n \n \n \n \n and inserting the following:\n \n \n \n
\n \n .\n \n \n \n \n \n \n \n \n \n \n Passed the House of Representatives January 13, 2014.\n \n \n Karen L. Haas,\n \n \n Clerk.\n \n \n \n \n"},"tv_txt":{"kind":"string","value":"IIB 113th CONGRESS 2d Session H. R. 841 IN THE SENATE OF THE UNITED STATES January 14, 2014 Received; read twice and referred to the Committee on Indian Affairs AN ACT To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.\n\n1. Establishment of reservation Section 1 of the Act entitled An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes, approved September 9, 1988 ( Public Law 100–425 ; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended— (1) in subsection (a)— (A) by striking Subject to valid and inserting the following: (1) In general Subject to valid ; and (B) by adding after paragraph (1) (as designated by subparagraph (A)) the following: (2) Additional trust acquisitions (A) In general The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. (B) Treatment of trust land (i) All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition. (ii) Any real property taken into trust under this paragraph shall not be eligible, or used, for any Class II or Class III gaming activity carried out pursuant to the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ), except for real property within 2 miles of the gaming facility in existence on the date of enactment of this Act that is located on State Highway 18 in the Grand Ronde community of Oregon. (C) Reservation All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe. ; and (2) in subsection (c)— (A) in the matter preceding the table, by striking in subsection (a) are approximately 10,311.60 and inserting in subsection (a)(1) are approximately 11,349.92 ; and (B) in the table— (i) by striking the following: 6 7 8 Tax lot 800 5.55 ; and inserting the following: 6 7 7, 8, 17, 18 Former tax lot 800, located within the SE ¼ SE ¼ of Section 7; SW ¼ SW ¼ of Section 8; NW ¼ NW ¼ of Section 17; and NE ¼ NE ¼ of Section 18 5.55 ; (ii) in the acres column of the last item added by section 2(a)(1) of Public Law 103–445 (108 Stat. 4566), by striking 240 and inserting 241.06 ; and (iii) by striking all text after 6 7 18 E ½ NE ¼ 43.42 ; and inserting the following: 6 8 1 W ½ SE ¼ SE ¼ 20.6 6 8 1 N ½ SW ¼ SE ¼ 19.99 6 8 1 SE ¼ NE ¼ 9.99 6 8 1 NE ¼ SW ¼ 10.46 6 8 1 NE ¼ SW ¼, NW ¼ SW ¼ 12.99 6 7 6 SW ¼ NW ¼ 37.39 6 7 5 SE ¼ SW ¼ 24.87 6 7 5, 8 SW ¼ SE ¼ of Section 5; and NE ¼ NE ¼, NW ¼ NE ¼, NE ¼ NW ¼ of Section 8 109.9 6 8 1 NW ¼ SE ¼ 31.32 6 8 1 NE ¼ SW ¼ 8.89 6 8 1 SW ¼ NE ¼, NW ¼ NE ¼ 78.4 6 7 8, 17 SW ¼ SW ¼ of Section 8; and NE ¼ NW ¼, NW ¼ NW ¼ of Section 17 14.33 6 7 17 NW¼ NW ¼ 6.68 6 8 12 SW ¼ NE¼ 8.19 6 8 1 SE ¼ SW ¼ 2.0 6 8 1 SW ¼ SW ¼ 5.05 6 8 12 SE ¼, SW ¼ 54.64 6 7 17, 18 SW ¼, NW ¼ of Section 17; and SE ¼, NE ¼ of Section 18 136.83 6 8 1 SW ¼ SE ¼ 20.08 6 7 5 NE ¼ SE ¼, SE ¼ SE ¼, E ½ SE ¼ SW ¼ 97.38 4 7 31 SE ¼ 159.60 6 7 17 NW ¼ NW ¼ 3.14 6 8 12 NW ¼ SE ¼ 1.10 6 7 8 SW ¼ SW ¼ 0.92 6 8 12 NE ¼ NW ¼ 1.99 6 7 7 NW ¼ NW ¼ of Section 7; and 6 8 12 S ½ NE ¼, E ½ NE ¼ NE ¼ of Section 12 86.48 6 8 12 NE ¼ NW ¼ 1.56 6 7 6 W ½ SW ¼ SW ¼ of Section 6; and 6 8 1 E ½ SE ¼ SE ¼ of Section 1 35.82 6 7 5 E ½ NW ¼ SE ¼ 19.88 6 8 12 NW ¼ NE ¼ 0.29 6 8 1 SE ¼ SW ¼ 2.5 6 7 8 NE ¼ NW ¼ 7.16 6 8 1 SE ¼ SW ¼ 5.5 6 8 1 SE ¼ NW ¼ 1.34 Total 11,349.92 .\n\nPassed the House of Representatives January 13, 2014. Karen L. Haas, Clerk."}}},{"rowIdx":1573,"cells":{"tv_id":{"kind":"string","value":"113-hr-841-rh-dtd"},"legis_id":{"kind":"string","value":"113-hr-841"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":841,"string":"841"},"legis_version":{"kind":"string","value":"rh"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr841rh.xml"},"file_name":{"kind":"string","value":"BILLS-113hr841rh.xml"},"lastmod":{"kind":"string","value":"2023-01-07 09:23:02.114"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 841 RH: To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.\n \n \n U.S. House of Representatives\n \n \n 2013-07-22\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Establishment of\n\t\t\t reservation\n \n \n Section 1 of the\n\t\t\t Act entitled\n \n Public Law 100–425\n \n ; 102 Stat. 1594; 102 Stat. 2939;\n\t\t\t 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896),\n\t\t\t is amended—\n \n \n \n (1)\n \n \n in subsection\n\t\t\t (a)—\n \n \n \n (A)\n \n \n by striking\n \n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n Subject to valid\n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n (B)\n \n \n by adding after\n\t\t\t paragraph (1) (as designated by subparagraph (A)) the following:\n \n \n \n \n (2)\n \n \n Additional trust\n\t\t\t\tacquisitions\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n The Secretary may accept title to any additional number\n\t\t\t\tof acres of real property located within the boundaries of the original 1857\n\t\t\t\treservation of the Confederated Tribes of the Grand Ronde Community of Oregon\n\t\t\t\testablished by Executive Order dated June 30, 1857, comprised of land within\n\t\t\t\tthe political boundaries of Polk and Yamhill Counties, Oregon, if that real\n\t\t\t\tproperty is conveyed or otherwise transferred to the United States by or on\n\t\t\t\tbehalf of the Tribe.\n \n \n \n \n (B)\n \n \n Treatment of\n\t\t\t\ttrust land\n \n \n All applications to take land into trust within the\n\t\t\t\tboundaries of the original 1857 reservation shall be treated by the Secretary\n\t\t\t\tas an on-reservation trust acquisition.\n \n \n \n \n (C)\n \n \n Reservation\n \n \n All\n\t\t\t\treal property taken into trust within those boundaries at any time after\n\t\t\t\tSeptember 9, 1988, shall be part of the reservation of the\n\t\t\t\tTribe.\n \n \n \n \n ;\n\t\t\t\tand\n \n \n \n \n \n \n (2)\n \n \n in subsection\n\t\t\t (c)—\n \n \n \n (A)\n \n \n in the matter\n\t\t\t preceding the table, by striking\n \n \n \n \n (B)\n \n \n in the\n\t\t\t table—\n \n \n \n (i)\n \n \n by\n\t\t\t striking the following:\n \n \n \n
\n \n ;\n \n \n \n \n \n and inserting the\n\t\t\t following:\n \n \n \n
\n \n ;\n \n \n \n \n \n (ii)\n \n \n in\n\t\t\t the acres column of the last item added by section 2(a)(1) of Public Law\n\t\t\t 103–445 (108 Stat. 4566), by striking\n \n \n \n \n (iii)\n \n \n by striking all text after\n \n \n \n
\n \n ;\n \n \n \n \n \n and inserting the\n\t\t\t following:\n \n \n \n
\n \n .\n \n \n \n \n \n \n \n \n \n July 22, 2013\n \n \n Committed to the Committee of the Whole House on the State\n\t\t of the Union and ordered to be printed\n \n \n \n"},"tv_txt":{"kind":"string","value":"IB Union Calendar No. 122 113th CONGRESS 1st Session H. R. 841 [Report No. 113–168] IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Schrader introduced the following bill; which was referred to the Committee on Natural Resources July 22, 2013 Additional sponsors: Mr. DeFazio , Mr. Blumenauer , Ms. Bonamici , and Mr. Walden July 22, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.\n\n1. Establishment of reservation Section 1 of the Act entitled An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes, approved September 9, 1988 ( Public Law 100–425 ; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended— (1) in subsection (a)— (A) by striking Subject to valid and inserting the following: (1) In general Subject to valid ; and (B) by adding after paragraph (1) (as designated by subparagraph (A)) the following: (2) Additional trust acquisitions (A) In general The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. (B) Treatment of trust land All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition. (C) Reservation All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe. ; and (2) in subsection (c)— (A) in the matter preceding the table, by striking in subsection (a) are approximately 10,311.60 and inserting in subsection (a)(1) are approximately 11,274.19 ; and (B) in the table— (i) by striking the following: 6 7 8 Tax lot 800 5.55 ; and inserting the following: 6 7 7, 8, 17, 18 Former tax lot 800, located within the SE ¼ SE ¼ of Section 7; SW ¼ SW ¼ of Section 8; NW ¼ NW ¼ of Section 17; and NE ¼ NE ¼ of Section 18 5.55 ; (ii) in the acres column of the last item added by section 2(a)(1) of Public Law 103–445 (108 Stat. 4566), by striking 240 and inserting 241.06 ; and (iii) by striking all text after 6 7 18 E ½ NE ¼ 43.42 ; and inserting the following: 6 8 1 W ½ SE ¼ SE ¼ 20.6 6 8 1 N ½ SW ¼ SE ¼ 19.99 6 8 1 SE ¼ NE ¼ 9.99 6 8 1 NE ¼ SW ¼ 10.46 6 8 1 NE ¼ SW ¼, NW ¼ SW ¼ 12.99 6 7 6 SW ¼ NW ¼ 37.99 6 7 5 SE ¼ SW ¼ 24.87 6 7 5, 8 SW ¼ SE ¼ of Section 5; and NE ¼ NE ¼, NW ¼ NE ¼, NE ¼ NW ¼ of Section 8 109.9 6 8 1 NW ¼ SE ¼ 31.32 6 8 1 NE ¼ SW ¼ 8.89 6 8 1 SW ¼ NE ¼, NW ¼ NE ¼ 78.4 6 7 8, 17 SW ¼ SW ¼ of Section 8; and NE ¼ NW ¼, NW ¼ NW ¼ of Section 17 14.33 6 7 17 NW¼ NW ¼ 6.68 6 8 12 SW ¼ NE¼ 8.19 6 8 1 SE ¼ SW ¼ 2.0 6 8 1 SW ¼ SW ¼ 5.05 6 8 12 SE ¼, SW ¼ 50.8 6 7 17, 18 SW ¼, NW ¼ of Section 17; and SE ¼, NE ¼ of Section 18 136.83 6 8 1 SW ¼ SE ¼ 20.08 6 7 5 NE ¼ SE ¼, SE ¼ SE ¼, E ½ SE ¼ SW ¼ 97.38 4 7 31 SE ¼ 159.60 6 7 17 NW ¼ NW ¼ 3.14 6 8 12 NW ¼ SE ¼ 1.10 6 7 8 SW ¼ SW ¼ 0.92 6 8 12 NE ¼ NW ¼ 1.99 6 7 7 NW ¼ NW ¼ of Section 7; and 6 8 12 S ½ NE ¼, E ½ NE ¼ NE ¼ of Section 12 86.48 6 8 12 NE ¼ NW ¼ 1.56 Total 11,274.19 .\n\nJuly 22, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed"}}},{"rowIdx":1574,"cells":{"tv_id":{"kind":"string","value":"113-hr-842-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-842"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":842,"string":"842"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr842ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr842ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:39.422"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 842 IH: Functional Gastrointestinal and Motility Disorders Research Enhancement Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Findings\n \n \n Congress finds the following:\n \n \n \n (1)\n \n \n Functional\n\t\t\t gastrointestinal and motility disorders (FGIMDs) are chronic conditions\n\t\t\t associated with increased sensitivity of the GI tract, abnormal motor\n\t\t\t functioning, and brain-gut dysfunction.\n \n \n \n \n (2)\n \n \n FGIMDs are\n\t\t\t characterized by symptoms in the GI tract including pain or discomfort, nausea,\n\t\t\t vomiting, diarrhea, constipation, incontinence, problems in the passage of food\n\t\t\t or feces, or a combination of these symptoms.\n \n \n \n \n (3)\n \n \n FGIMDs include\n\t\t\t conditions such as dysphagia, gastroesophageal reflux disease, dyspepsia,\n\t\t\t cyclic vomiting syndrome, gastroparesis, irritable bowel syndrome (IBS),\n\t\t\t Hirschsprung’s disease, chronic intestinal pseudo-obstruction, bowel\n\t\t\t incontinence, and many others, which affect the esophagus, stomach,\n\t\t\t gallbladder, small and large intestine, and anorectal areas of the body.\n \n \n \n \n (4)\n \n \n The severity of\n\t\t\t FGIMDs ranges from mildly uncomfortable to debilitating and in some cases\n\t\t\t life-threatening.\n \n \n \n \n (5)\n \n \n Effective\n\t\t\t treatments for the multiple symptoms of FGIMDs are lacking, and while sufferers\n\t\t\t frequently use a variety of medications and therapies for symptoms, few\n\t\t\t patients report satisfaction with available treatments.\n \n \n \n \n (6)\n \n \n Patients with\n\t\t\t FGIMDs frequently suffer for years before receiving an accurate diagnosis,\n\t\t\t exposing them to unnecessary and costly tests and procedures including\n\t\t\t surgeries, as well as needless suffering and expense.\n \n \n \n \n (7)\n \n \n The economic\n\t\t\t impact of FGIMDs is high. The annual cost in the United States for IBS alone is\n\t\t\t estimated to be between $1.7 billion and $10 billion in direct medical costs\n\t\t\t (excluding prescription and over-the-counter medications) and $20 billion in\n\t\t\t indirect medical costs.\n \n \n \n \n (8)\n \n \n FGIMDs frequently\n\t\t\t take a toll on the workplace, as reflected in work absenteeism, lost\n\t\t\t productivity, and lost opportunities for the individual and society.\n \n \n \n \n (9)\n \n \n Gastrointestinal\n\t\t\t symptoms consistent with functional gastrointestinal disorders such as IBS and\n\t\t\t functional dyspepsia have been recognized as a serious and disabling issue for\n\t\t\t military veterans, particularly those who have been deployed.\n \n \n \n \n (10)\n \n \n FGIMDs affect\n\t\t\t individuals of all ages including children, and pediatric FGIMDs can be\n\t\t\t particularly serious, leading to a lifetime of painful symptoms and medical\n\t\t\t expenses associated with management of chronic illness or death.\n \n \n \n \n (11)\n \n \n The National\n\t\t\t Institutes of Health’s National Commission on Digestive Diseases identified\n\t\t\t comprehensive research goals related to FGIMDs in its April 2009 report to\n\t\t\t Congress and the American public entitled\n \n \n \n \n \n 3.\n \n \n Functional\n\t\t\t gastrointestinal and motility disorders research enhancement\n \n \n Part B of title IV of the Public Health\n\t\t\t Service Act (\n \n 42 U.S.C. 284 et seq.\n \n ) is amended by adding at the end the\n\t\t\t following:\n \n \n \n \n 409K.\n \n \n Functional\n\t\t\t\tgastrointestinal and motility disorders\n \n \n The Director of NIH may expand, intensify,\n\t\t\t\tand coordinate the activities of the National Institutes of Health with respect\n\t\t\t\tto functional gastrointestinal and motility disorders (in this section referred\n\t\t\t\tto as\n \n FGIMDs\n \n ) by—\n \n \n \n (1)\n \n \n expanding basic\n\t\t\t\tand clinical research into FGIMDs by implementing the research recommendations\n\t\t\t\tof the National Commission on Digestive Diseases relating to FGIMDs;\n \n \n \n \n (2)\n \n \n providing support\n\t\t\t\tfor the establishment of up to five centers of excellence on FGIMDs at leading\n\t\t\t\tacademic medical centers throughout the country to carry out innovative basic,\n\t\t\t\ttranslational, and clinical research focused on FGIMDs;\n \n \n \n \n (3)\n \n \n exploring collaborative research\n\t\t\t\topportunities among the National Institute of Diabetes and Digestive and Kidney\n\t\t\t\tDiseases, the Office of Research on Women’s Health, the Office of Rare Disease\n\t\t\t\tResearch, and other Institutes and Centers of the National Institutes of\n\t\t\t\tHealth;\n \n \n \n \n (4)\n \n \n directing the National Institute of\n\t\t\t\tDiabetes and Digestive and Kidney Diseases to provide the necessary funding for\n\t\t\t\tcontinued expansion and advancement of the FGIMDs research portfolio through\n\t\t\t\tintramural and extramural research;\n \n \n \n \n (5)\n \n \n directing the National Institute of\n\t\t\t\tDiabetes and Digestive and Kidney Diseases and the Eunice Kennedy Shriver\n\t\t\t\tNational Institute of Child Health and Human Development to expand research\n\t\t\t\tinto FGIMDs that impact children, such as Hirschsprung’s disease and cyclic\n\t\t\t\tvomiting syndrome, and maternal health, such as fecal incontinence; and\n \n \n \n \n (6)\n \n \n exploring\n\t\t\t\topportunities to partner with the Department of Defense and the Department of\n\t\t\t\tVeterans Affairs to increase research and improve patient care regarding FGIMDs\n\t\t\t\tthat commonly impact veterans and active duty military personnel, such as IBS\n\t\t\t\tand\n\t\t\t\tdyspepsia.\n \n \n \n \n .\n \n \n \n \n \n 4.\n \n \n Promoting public\n\t\t\t awareness of functional gastrointestinal and motility disorders\n \n \n Part B of title III of the Public Health\n\t\t\t Service Act (\n \n 42 U.S.C. 243 et seq.\n \n ) is amended by adding at the end the\n\t\t\t following:\n \n \n \n \n 320B.\n \n \n Public\n\t\t\t\tawareness of functional gastrointestinal and motility disorders\n \n \n The Secretary may engage in public awareness\n\t\t\t\tand education activities to increase understanding and recognition of\n\t\t\t\tfunctional gastrointestinal and motility disorders (in this section referred to\n\t\t\t\tas\n \n FGIMDs\n \n ). Such activities may include the distribution of print,\n\t\t\t\tfilm, and web-based materials targeting health care providers and the public\n\t\t\t\tand prepared and disseminated in conjunction with patient organizations that\n\t\t\t\ttreat FGIMDs. The information expressed through such activites should\n\t\t\t\temphasize—\n \n \n \n (1)\n \n \n basic information\n\t\t\t\ton FGIMDs, their symptoms, prevalence, and frequently co-occurring conditions;\n\t\t\t\tand\n \n \n \n \n (2)\n \n \n the importance of\n\t\t\t\tearly diagnosis, and prompt and accurate treatment of\n\t\t\t\tFGIMDs.\n \n \n \n \n .\n \n \n \n \n \n 5.\n \n \n Sense of Congress\n\t\t\t on the development and oversight of innovative treatment options for functional\n\t\t\t gastrointestinal and motility disorders\n \n \n It is the sense of Congress that,\n\t\t\t considering the current lack of effective treatment options for the global\n\t\t\t symptoms of functional gastrointestinal and motility disorders (in this section\n\t\t\t referred to as\n \n FGIMDs\n \n ) and the inherent challenges of developing\n\t\t\t and bringing such treatments to market, the Commissioner of Food and Drugs\n\t\t\t should continue and accelerate important efforts to improve the development and\n\t\t\t oversight of treatment options for FGIMDs by—\n \n \n \n (1)\n \n \n enhancing the\n\t\t\t commitment to emerging efforts like the Patient Reported Outcomes Consortium to\n\t\t\t expedite medical device and drug development, study appropriate balances\n\t\t\t between risk and patient benefit, and identify proper endpoints for conditions\n\t\t\t without clear, biological indicators;\n \n \n \n \n (2)\n \n \n enhancing the\n\t\t\t commitment to broad efforts like the Critical Path Initiative focused on\n\t\t\t ensuring that scientific breakthroughs are quickly translated into safe and\n\t\t\t beneficial treatment options; and\n \n \n \n \n (3)\n \n \n continuing collaboration with patient\n\t\t\t organizations that treat FGIMDs so that the patient perspective is considered\n\t\t\t when determining the need for innovative treatments.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 842 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Sensenbrenner (for himself and Mr. Moran ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To expand the research activities of the National Institutes of Health with respect to functional gastrointestinal and motility disorders, and for other purposes.\n\n1. Short title This Act may be cited as the Functional Gastrointestinal and Motility Disorders Research Enhancement Act of 2013 . 2. Findings Congress finds the following: (1) Functional gastrointestinal and motility disorders (FGIMDs) are chronic conditions associated with increased sensitivity of the GI tract, abnormal motor functioning, and brain-gut dysfunction. (2) FGIMDs are characterized by symptoms in the GI tract including pain or discomfort, nausea, vomiting, diarrhea, constipation, incontinence, problems in the passage of food or feces, or a combination of these symptoms. (3) FGIMDs include conditions such as dysphagia, gastroesophageal reflux disease, dyspepsia, cyclic vomiting syndrome, gastroparesis, irritable bowel syndrome (IBS), Hirschsprung’s disease, chronic intestinal pseudo-obstruction, bowel incontinence, and many others, which affect the esophagus, stomach, gallbladder, small and large intestine, and anorectal areas of the body. (4) The severity of FGIMDs ranges from mildly uncomfortable to debilitating and in some cases life-threatening. (5) Effective treatments for the multiple symptoms of FGIMDs are lacking, and while sufferers frequently use a variety of medications and therapies for symptoms, few patients report satisfaction with available treatments. (6) Patients with FGIMDs frequently suffer for years before receiving an accurate diagnosis, exposing them to unnecessary and costly tests and procedures including surgeries, as well as needless suffering and expense. (7) The economic impact of FGIMDs is high. The annual cost in the United States for IBS alone is estimated to be between $1.7 billion and $10 billion in direct medical costs (excluding prescription and over-the-counter medications) and $20 billion in indirect medical costs. (8) FGIMDs frequently take a toll on the workplace, as reflected in work absenteeism, lost productivity, and lost opportunities for the individual and society. (9) Gastrointestinal symptoms consistent with functional gastrointestinal disorders such as IBS and functional dyspepsia have been recognized as a serious and disabling issue for military veterans, particularly those who have been deployed. (10) FGIMDs affect individuals of all ages including children, and pediatric FGIMDs can be particularly serious, leading to a lifetime of painful symptoms and medical expenses associated with management of chronic illness or death. (11) The National Institutes of Health’s National Commission on Digestive Diseases identified comprehensive research goals related to FGIMDs in its April 2009 report to Congress and the American public entitled Opportunities and Challenges in Digestive Diseases Research: Recommendations of the National Commission on Digestive Diseases . 3. Functional gastrointestinal and motility disorders research enhancement Part B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. ) is amended by adding at the end the following: 409K. Functional gastrointestinal and motility disorders The Director of NIH may expand, intensify, and coordinate the activities of the National Institutes of Health with respect to functional gastrointestinal and motility disorders (in this section referred to as FGIMDs ) by— (1) expanding basic and clinical research into FGIMDs by implementing the research recommendations of the National Commission on Digestive Diseases relating to FGIMDs; (2) providing support for the establishment of up to five centers of excellence on FGIMDs at leading academic medical centers throughout the country to carry out innovative basic, translational, and clinical research focused on FGIMDs; (3) exploring collaborative research opportunities among the National Institute of Diabetes and Digestive and Kidney Diseases, the Office of Research on Women’s Health, the Office of Rare Disease Research, and other Institutes and Centers of the National Institutes of Health; (4) directing the National Institute of Diabetes and Digestive and Kidney Diseases to provide the necessary funding for continued expansion and advancement of the FGIMDs research portfolio through intramural and extramural research; (5) directing the National Institute of Diabetes and Digestive and Kidney Diseases and the Eunice Kennedy Shriver National Institute of Child Health and Human Development to expand research into FGIMDs that impact children, such as Hirschsprung’s disease and cyclic vomiting syndrome, and maternal health, such as fecal incontinence; and (6) exploring opportunities to partner with the Department of Defense and the Department of Veterans Affairs to increase research and improve patient care regarding FGIMDs that commonly impact veterans and active duty military personnel, such as IBS and dyspepsia. . 4. Promoting public awareness of functional gastrointestinal and motility disorders Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by adding at the end the following: 320B. Public awareness of functional gastrointestinal and motility disorders The Secretary may engage in public awareness and education activities to increase understanding and recognition of functional gastrointestinal and motility disorders (in this section referred to as FGIMDs ). Such activities may include the distribution of print, film, and web-based materials targeting health care providers and the public and prepared and disseminated in conjunction with patient organizations that treat FGIMDs. The information expressed through such activites should emphasize— (1) basic information on FGIMDs, their symptoms, prevalence, and frequently co-occurring conditions; and (2) the importance of early diagnosis, and prompt and accurate treatment of FGIMDs. . 5. Sense of Congress on the development and oversight of innovative treatment options for functional gastrointestinal and motility disorders It is the sense of Congress that, considering the current lack of effective treatment options for the global symptoms of functional gastrointestinal and motility disorders (in this section referred to as FGIMDs ) and the inherent challenges of developing and bringing such treatments to market, the Commissioner of Food and Drugs should continue and accelerate important efforts to improve the development and oversight of treatment options for FGIMDs by— (1) enhancing the commitment to emerging efforts like the Patient Reported Outcomes Consortium to expedite medical device and drug development, study appropriate balances between risk and patient benefit, and identify proper endpoints for conditions without clear, biological indicators; (2) enhancing the commitment to broad efforts like the Critical Path Initiative focused on ensuring that scientific breakthroughs are quickly translated into safe and beneficial treatment options; and (3) continuing collaboration with patient organizations that treat FGIMDs so that the patient perspective is considered when determining the need for innovative treatments."}}},{"rowIdx":1575,"cells":{"tv_id":{"kind":"string","value":"113-hr-843-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-843"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":843,"string":"843"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr843ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr843ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:39.285"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 843 IH: San Francisco Bay Restoration Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n San Francisco Bay\n\t\t\t restoration grant program\n \n \n Title I of the Federal Water Pollution\n\t\t\t Control Act (\n \n 33 U.S.C. 1251 et seq.\n \n ) is amended by adding at the end the\n\t\t\t following:\n \n \n \n \n 123.\n \n \n San Francisco\n\t\t\t\tBay restoration grant program\n \n \n \n (a)\n \n \n Definitions\n \n \n In\n\t\t\t\tthis section:\n \n \n \n (1)\n \n \n Annual priority\n\t\t\t\tlist\n \n \n The term\n \n annual priority list\n \n means the annual\n\t\t\t\tpriority list compiled under subsection (b).\n \n \n \n \n (2)\n \n \n Comprehensive\n\t\t\t\tplan\n \n \n The term\n \n comprehensive plan\n \n means—\n \n \n \n (A)\n \n \n the comprehensive\n\t\t\t\tconservation and management plan approved under section 320 for the San\n\t\t\t\tFrancisco Bay estuary; and\n \n \n \n \n (B)\n \n \n any amendments to\n\t\t\t\tthat plan.\n \n \n \n \n \n (3)\n \n \n Estuary\n\t\t\t\tpartnership\n \n \n The term\n \n Estuary Partnership\n \n means the\n\t\t\t\tSan Francisco Estuary Partnership, the entity that is designated as the\n\t\t\t\tmanagement conference under section 320.\n \n \n \n \n \n (b)\n \n \n Annual priority\n\t\t\t\tlist\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n After providing public notice, the Administrator shall\n\t\t\t\tannually compile a priority list identifying and prioritizing the activities,\n\t\t\t\tprojects, and studies intended to be funded with the amounts made available\n\t\t\t\tunder subsection (c).\n \n \n \n \n (2)\n \n \n Inclusions\n \n \n The\n\t\t\t\tannual priority list compiled under paragraph (1) shall include—\n \n \n \n (A)\n \n \n activities,\n\t\t\t\tprojects, or studies, including restoration projects and habitat improvement\n\t\t\t\tfor fish, waterfowl, and wildlife, that advance the goals and objectives of the\n\t\t\t\tapproved comprehensive plan;\n \n \n \n \n (B)\n \n \n information on the\n\t\t\t\tactivities, projects, programs, or studies specified under subparagraph (A),\n\t\t\t\tincluding a description of—\n \n \n \n (i)\n \n \n the identities of\n\t\t\t\tthe financial assistance recipients; and\n \n \n \n \n (ii)\n \n \n the communities\n\t\t\t\tto be served; and\n \n \n \n \n \n (C)\n \n \n the criteria and\n\t\t\t\tmethods established by the Administrator for selection of activities, projects,\n\t\t\t\tand studies.\n \n \n \n \n \n (3)\n \n \n Consultation\n \n \n In\n\t\t\t\tdeveloping the priority list under paragraph (1), the Administrator shall\n\t\t\t\tconsult with and consider the recommendations of—\n \n \n \n (A)\n \n \n the Estuary\n\t\t\t\tPartnership;\n \n \n \n \n (B)\n \n \n the State of\n\t\t\t\tCalifornia and affected local governments in the San Francisco Bay estuary\n\t\t\t\twatershed; and\n \n \n \n \n (C)\n \n \n any other relevant\n\t\t\t\tstakeholder involved with the protection and restoration of the San Francisco\n\t\t\t\tBay estuary that the Administrator determines to be appropriate.\n \n \n \n \n \n \n (c)\n \n \n Grant\n\t\t\t\tprogram\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n Pursuant to section 320, the Administrator may provide\n\t\t\t\tfunding through cooperative agreements, grants, or other means to State and\n\t\t\t\tlocal agencies, special districts, and public or nonprofit agencies,\n\t\t\t\tinstitutions, and organizations, including the Estuary Partnership, for\n\t\t\t\tactivities, studies, or projects identified on the annual priority list.\n \n \n \n \n (2)\n \n \n Maximum amount\n\t\t\t\tof grants; non-Federal share\n \n \n \n (A)\n \n \n Maximum amount\n\t\t\t\tof grants\n \n \n Amounts provided to any individual or entity under this\n\t\t\t\tsection for a fiscal year shall not exceed an amount equal to 75 percent of the\n\t\t\t\ttotal cost of any eligible activities that are to be carried out using those\n\t\t\t\tamounts.\n \n \n \n \n (B)\n \n \n Non-Federal\n\t\t\t\tshare\n \n \n The non-Federal share of the total cost of any eligible\n\t\t\t\tactivities that are carried out using amounts provided under this section shall\n\t\t\t\tbe—\n \n \n \n (i)\n \n \n not less than 25\n\t\t\t\tpercent; and\n \n \n \n \n (ii)\n \n \n provided from\n\t\t\t\tnon-Federal sources.\n \n \n \n \n \n \n \n (d)\n \n \n Funding\n \n \n \n (1)\n \n \n Authorization of\n\t\t\t\tappropriations\n \n \n There are authorized to be appropriated to the\n\t\t\t\tAdministrator to carry out this section $5,000,000 for each of fiscal years\n\t\t\t\t2013 through 2017.\n \n \n \n \n (2)\n \n \n Administrative\n\t\t\t\texpenses\n \n \n Of the amount made available to carry out this section\n\t\t\t\tfor a fiscal year, the Administrator shall use not more than 5 percent to pay\n\t\t\t\tadministrative expenses incurred in carrying out this section.\n \n \n \n \n (3)\n \n \n Relationship to\n\t\t\t\tother funding\n \n \n Nothing in this section limits the eligibility of\n\t\t\t\tthe Estuary Partnership to receive funding under section 320(g).\n \n \n \n \n (4)\n \n \n Prohibition\n \n \n No\n\t\t\t\tamounts made available under subsection (c) may be used for the administration\n\t\t\t\tof a management conference under section\n\t\t\t\t320.\n \n \n \n \n \n .\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 843 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Ms. Speier (for herself, Ms. Pelosi , Ms. Eshoo , Mr. Garamendi , Mr. Honda , Mr. Huffman , Ms. Lee of California , Ms. Lofgren , Mr. McNerney , Mr. George Miller of California , Mr. Swalwell of California , and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay.\n\n1. Short title This Act may be cited as the San Francisco Bay Restoration Act . 2. San Francisco Bay restoration grant program Title I of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) is amended by adding at the end the following: 123. San Francisco Bay restoration grant program (a) Definitions In this section: (1) Annual priority list The term annual priority list means the annual priority list compiled under subsection (b). (2) Comprehensive plan The term comprehensive plan means— (A) the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and (B) any amendments to that plan. (3) Estuary partnership The term Estuary Partnership means the San Francisco Estuary Partnership, the entity that is designated as the management conference under section 320. (b) Annual priority list (1) In general After providing public notice, the Administrator shall annually compile a priority list identifying and prioritizing the activities, projects, and studies intended to be funded with the amounts made available under subsection (c). (2) Inclusions The annual priority list compiled under paragraph (1) shall include— (A) activities, projects, or studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the approved comprehensive plan; (B) information on the activities, projects, programs, or studies specified under subparagraph (A), including a description of— (i) the identities of the financial assistance recipients; and (ii) the communities to be served; and (C) the criteria and methods established by the Administrator for selection of activities, projects, and studies. (3) Consultation In developing the priority list under paragraph (1), the Administrator shall consult with and consider the recommendations of— (A) the Estuary Partnership; (B) the State of California and affected local governments in the San Francisco Bay estuary watershed; and (C) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Administrator determines to be appropriate. (c) Grant program (1) In general Pursuant to section 320, the Administrator may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for activities, studies, or projects identified on the annual priority list. (2) Maximum amount of grants; non-Federal share (A) Maximum amount of grants Amounts provided to any individual or entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any eligible activities that are to be carried out using those amounts. (B) Non-Federal share The non-Federal share of the total cost of any eligible activities that are carried out using amounts provided under this section shall be— (i) not less than 25 percent; and (ii) provided from non-Federal sources. (d) Funding (1) Authorization of appropriations There are authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of fiscal years 2013 through 2017. (2) Administrative expenses Of the amount made available to carry out this section for a fiscal year, the Administrator shall use not more than 5 percent to pay administrative expenses incurred in carrying out this section. (3) Relationship to other funding Nothing in this section limits the eligibility of the Estuary Partnership to receive funding under section 320(g). (4) Prohibition No amounts made available under subsection (c) may be used for the administration of a management conference under section 320. ."}}},{"rowIdx":1576,"cells":{"tv_id":{"kind":"string","value":"113-hr-844-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-844"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":844,"string":"844"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr844ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr844ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:39.181"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 844 IH: VetSuccess Enhancement Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-26\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Extension of\n\t\t\t eligibility period for vocational rehabilitation programs\n \n \n \n (a)\n \n \n Extension\n \n \n \n Section 3103\n \n of title 38, United States\n\t\t\t Code, is amended by striking\n \n \n \n \n (b)\n \n \n Effective\n\t\t\t date\n \n \n The amendment made by\n\t\t\t subsection (a) shall apply with respect to a veteran applying for assistance\n\t\t\t under\n \n chapter 31\n \n of title 38, United States Code, on or after the date of the\n\t\t\t enactment of this Act.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 844 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Takano introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to extend the eligibility period for veterans to enroll in certain vocational rehabilitation programs.\n\n1. Short title This Act may be cited as the VetSuccess Enhancement Act . 2. Extension of eligibility period for vocational rehabilitation programs (a) Extension Section 3103 of title 38, United States Code, is amended by striking twelve-year period and inserting 17-year period each place it appears. (b) Effective date The amendment made by subsection (a) shall apply with respect to a veteran applying for assistance under chapter 31 of title 38, United States Code, on or after the date of the enactment of this Act."}}},{"rowIdx":1577,"cells":{"tv_id":{"kind":"string","value":"113-hr-845-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-845"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":845,"string":"845"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr845ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr845ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:38.305"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 845 IH: Saving High-Tech Innovators from Egregious Legal Disputes Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Recovery of\n\t\t\t litigation costs\n \n \n \n (a)\n \n \n Amendment\n \n \n \n Chapter 29\n \n of title 35, United States Code,\n\t\t\t is amended by inserting after section 285 the following new section:\n \n \n \n \n 285A.\n \n \n Recovery of\n\t\t\t\tlitigation costs\n \n \n \n (a)\n \n \n In\n\t\t\t\tgeneral\n \n \n In an action\n\t\t\t\tinvolving the validity or infringement of a patent—\n \n \n \n (1)\n \n \n a party asserting invalidity or\n\t\t\t\tnoninfringement may move for judgment that the adverse party does not meet at\n\t\t\t\tleast one of the conditions described in subsection (d);\n \n \n \n \n (2)\n \n \n not later than 90 days after a party has\n\t\t\t\tmoved for the judgment described in paragraph (1), the adverse party shall be\n\t\t\t\tprovided an opportunity to prove such party meets at least one of the\n\t\t\t\tconditions described in subsection (d);\n \n \n \n \n (3)\n \n \n as soon as practicable after the adverse\n\t\t\t\tparty has been provided an opportunity to respond under paragraph (2), but not\n\t\t\t\tlater than 120 days after a party has moved for the judgment described in\n\t\t\t\tparagraph (1), the court shall make a determination whether the adverse party\n\t\t\t\tmeets at least one of the conditions described in subsection (d); and\n \n \n \n \n (4)\n \n \n notwithstanding section 285, the Court\n\t\t\t\tshall award the recovery of full costs to any prevailing party asserting\n\t\t\t\tinvalidity or noninfringement, including reasonable attorney’s fees, other than\n\t\t\t\tthe United States, upon the entry of a final judgment if the court determines\n\t\t\t\tthat the adverse party did not meet at least one of the conditions described in\n\t\t\t\tsubsection (d), unless the court finds that exceptional circumstances make an\n\t\t\t\taward unjust.\n \n \n \n \n \n (b)\n \n \n Bond\n\t\t\t\trequired\n \n \n Any party that fails\n\t\t\t\tto meet a condition under subsection (a)(3) shall be required to post a bond in\n\t\t\t\tan amount determined by the court to cover the recovery of full costs described\n\t\t\t\tin subsection (a)(4).\n \n \n \n \n (c)\n \n \n Timing and\n\t\t\t\teffect of pending motion\n \n \n With\n\t\t\t\trespect to any motion made pursuant to subsection (a)(1) the following\n\t\t\t\tapplies:\n \n \n \n (1)\n \n \n In the case of a motion that is filed\n\t\t\t\tbefore the moving party’s initial disclosure are due—\n \n \n \n (A)\n \n \n the court shall\n\t\t\t\tlimit any discovery to discovery that is necessary for the disposition of the\n\t\t\t\tmotion; and\n \n \n \n \n (B)\n \n \n the court may\n\t\t\t\tdelay issuing any scheduling order until after ruling on the motion.\n \n \n \n \n \n (2)\n \n \n In the case of a\n\t\t\t\tmotion that is filed after the moving party’s initial disclosures are due the\n\t\t\t\tcourt may delay ruling on the motion until after the entry of final\n\t\t\t\tjudgment.\n \n \n \n \n (3)\n \n \n In the case of a\n\t\t\t\tmotion that is filed after the entry of final judgment, any such motion must be\n\t\t\t\tcombined with a motion for fees to the prevailing party.\n \n \n \n \n \n (d)\n \n \n Condition\n\t\t\t\tdefined\n \n \n For purposes of this\n\t\t\t\tsection, a\n \n condition\n \n means, with respect to the party alleging\n\t\t\t\tinfringement, any of the following:\n \n \n \n (1)\n \n \n Original\n\t\t\t\tinventor\n \n \n Such party is the\n\t\t\t\tinventor, a joint inventor, or in the case of a patent filed by and awarded to\n\t\t\t\tan assignee of the original inventor or joint inventor, the original assignee\n\t\t\t\tof the patent.\n \n \n \n \n (2)\n \n \n Exploitation of\n\t\t\t\tthe patent\n \n \n Such party can\n\t\t\t\tprovide documentation to the court of substantial investment made by such party\n\t\t\t\tin the exploitation of the patent through production or sale of an item covered\n\t\t\t\tby the patent.\n \n \n \n \n (3)\n \n \n University or\n\t\t\t\ttechnology transfer organization\n \n \n Such party is—\n \n \n \n (A)\n \n \n an institution of\n\t\t\t\thigher education (as that term is defined in section 101 of the Higher\n\t\t\t\tEducation Act of 1965 (\n \n 20 U.S.C. 1001\n \n ); or\n \n \n \n \n (B)\n \n \n a technology\n\t\t\t\ttransfer organization whose primary purpose is to facilitate the\n\t\t\t\tcommercialization of technology developed by one or more institutions of higher\n\t\t\t\teducation.\n \n \n \n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Technical and\n\t\t\t conforming amendment\n \n \n The table of sections for chapter 29 of\n\t\t\t title 35, United States Code, is amended by inserting after the item relating\n\t\t\t to section 285 the following new item:\n \n \n \n \n 285A. Recovery of litigation costs for\n\t\t\t\tpatent.\n \n \n \n .\n \n \n \n \n \n (c)\n \n \n Effective\n\t\t\t date\n \n \n The amendment made by\n\t\t\t subsection (a) shall take effect on the date of the enactment of this Act and\n\t\t\t shall apply to any action involving the validity or infringement of a patent\n\t\t\t for which a complaint is filed on or after the date of the enactment of this\n\t\t\t Act.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 845 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. DeFazio (for himself and Mr. Chaffetz ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 29 of title 35, United States Code, to provide for the recovery of patent litigation costs, and for other purposes.\n\n1. Short title This Act may be cited as the Saving High-Tech Innovators from Egregious Legal Disputes Act of 2013 . 2. Recovery of litigation costs (a) Amendment Chapter 29 of title 35, United States Code, is amended by inserting after section 285 the following new section: 285A. Recovery of litigation costs (a) In general In an action involving the validity or infringement of a patent— (1) a party asserting invalidity or noninfringement may move for judgment that the adverse party does not meet at least one of the conditions described in subsection (d); (2) not later than 90 days after a party has moved for the judgment described in paragraph (1), the adverse party shall be provided an opportunity to prove such party meets at least one of the conditions described in subsection (d); (3) as soon as practicable after the adverse party has been provided an opportunity to respond under paragraph (2), but not later than 120 days after a party has moved for the judgment described in paragraph (1), the court shall make a determination whether the adverse party meets at least one of the conditions described in subsection (d); and (4) notwithstanding section 285, the Court shall award the recovery of full costs to any prevailing party asserting invalidity or noninfringement, including reasonable attorney’s fees, other than the United States, upon the entry of a final judgment if the court determines that the adverse party did not meet at least one of the conditions described in subsection (d), unless the court finds that exceptional circumstances make an award unjust. (b) Bond required Any party that fails to meet a condition under subsection (a)(3) shall be required to post a bond in an amount determined by the court to cover the recovery of full costs described in subsection (a)(4). (c) Timing and effect of pending motion With respect to any motion made pursuant to subsection (a)(1) the following applies: (1) In the case of a motion that is filed before the moving party’s initial disclosure are due— (A) the court shall limit any discovery to discovery that is necessary for the disposition of the motion; and (B) the court may delay issuing any scheduling order until after ruling on the motion. (2) In the case of a motion that is filed after the moving party’s initial disclosures are due the court may delay ruling on the motion until after the entry of final judgment. (3) In the case of a motion that is filed after the entry of final judgment, any such motion must be combined with a motion for fees to the prevailing party. (d) Condition defined For purposes of this section, a condition means, with respect to the party alleging infringement, any of the following: (1) Original inventor Such party is the inventor, a joint inventor, or in the case of a patent filed by and awarded to an assignee of the original inventor or joint inventor, the original assignee of the patent. (2) Exploitation of the patent Such party can provide documentation to the court of substantial investment made by such party in the exploitation of the patent through production or sale of an item covered by the patent. (3) University or technology transfer organization Such party is— (A) an institution of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); or (B) a technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by one or more institutions of higher education. . (b) Technical and conforming amendment The table of sections for chapter 29 of title 35, United States Code, is amended by inserting after the item relating to section 285 the following new item: 285A. Recovery of litigation costs for patent. . (c) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any action involving the validity or infringement of a patent for which a complaint is filed on or after the date of the enactment of this Act."}}},{"rowIdx":1578,"cells":{"tv_id":{"kind":"string","value":"113-hr-846-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-846"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":846,"string":"846"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr846ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr846ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:38.846"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 846 IH: Diagnostic Imaging Services Access Protection Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Medicare payment\n\t\t\t for imaging services\n \n \n Section\n\t\t\t 1848(b)(4) of the Social Security Act (\n \n 42 U.S.C. 1395w–4(b)(4)\n \n ) is amended by\n\t\t\t adding at the end the following new subparagraph:\n \n \n \n \n (E)\n \n \n Limitation on\n\t\t\t\tapplication of multiple procedure payment reduction\n \n \n The Secretary\n\t\t\t\tmay not apply a multiple procedure payment reduction policy to the professional\n\t\t\t\tcomponent of imaging services furnished on or after 30 days after the date of\n\t\t\t\tthe enactment of this subparagraph, until the Secretary publishes in the\n\t\t\t\tFederal Register the following:\n \n \n \n (i)\n \n \n An\n\t\t\t\tanalysis of the information used in the final rule to implement the physician\n\t\t\t\tfee schedule under this section in 2013 to determine what, if any, efficiencies\n\t\t\t\texist within the professional component of imaging services when 2 or more\n\t\t\t\tstudies are performed on the same patient on the same day.\n \n \n \n \n (ii)\n \n \n Detailed\n\t\t\t\tinformation on—\n \n \n \n (I)\n \n \n which activities\n\t\t\t\tin the vignettes in such rule were assigned reduction percentages of 0, 25, 50,\n\t\t\t\t75, and 100 percent;\n \n \n \n \n (II)\n \n \n how such\n\t\t\t\tpercentage reductions for the pre-, intra-, and post-service work were\n\t\t\t\tdetermined and calculated; and\n \n \n \n \n (III)\n \n \n the clinical\n\t\t\t\taspects that went into those\n\t\t\t\tdecisions.\n \n \n \n \n \n .\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 846 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Olson (for himself, Ms. McCollum , Mr. Roskam , Mr. Barrow of Georgia , Mr. Guthrie , Mr. Palazzo , Mr. Roe of Tennessee , Mrs. Black , Mr. Coble , Mr. Ribble , Mr. Harper , Mr. McKinley , Mrs. Blackburn , Mr. Pascrell , Mr. Renacci , Mrs. Capito , Mr. Nunes , Mr. Tiberi , Mr. Bilirakis , Mr. Loebsack , Mr. Mulvaney , Mr. Crenshaw , Mr. Bucshon , Mr. Price of Georgia , Ms. Jenkins , Mr. Owens , Mr. Reed , Mr. Amodei , Mr. Kinzinger of Illinois , Mr. Schock , Mr. Braley of Iowa , Mr. Burgess , Mr. Harris , Mr. Rogers of Michigan , Mr. Heck of Nevada , Mrs. Capps , Mr. Shimkus , Mr. Griffin of Arkansas , Mr. Latta , Mr. Walden , Mr. Boustany , Mr. Matheson , and Mr. Terry ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to ensure the continued access of Medicare beneficiaries to diagnostic imaging services.\n\n1. Short title This Act may be cited as the Diagnostic Imaging Services Access Protection Act of 2013 . 2. Medicare payment for imaging services Section 1848(b)(4) of the Social Security Act ( 42 U.S.C. 1395w–4(b)(4) ) is amended by adding at the end the following new subparagraph: (E) Limitation on application of multiple procedure payment reduction The Secretary may not apply a multiple procedure payment reduction policy to the professional component of imaging services furnished on or after 30 days after the date of the enactment of this subparagraph, until the Secretary publishes in the Federal Register the following: (i) An analysis of the information used in the final rule to implement the physician fee schedule under this section in 2013 to determine what, if any, efficiencies exist within the professional component of imaging services when 2 or more studies are performed on the same patient on the same day. (ii) Detailed information on— (I) which activities in the vignettes in such rule were assigned reduction percentages of 0, 25, 50, 75, and 100 percent; (II) how such percentage reductions for the pre-, intra-, and post-service work were determined and calculated; and (III) the clinical aspects that went into those decisions. ."}}},{"rowIdx":1579,"cells":{"tv_id":{"kind":"string","value":"113-hr-847-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-847"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":847,"string":"847"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr847ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr847ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:38.548"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 847 IH: Puppy Uniform Protection and Safety Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Protection of\n\t\t\t puppies under the Animal Welfare Act\n \n \n \n (a)\n \n \n High volume\n\t\t\t retail breeder defined\n \n \n Section 2 of the Animal Welfare Act (7\n\t\t\t U.S.C. 2132) is amended—\n \n \n \n (1)\n \n \n in subsection (l),\n\t\t\t by striking\n \n \n \n \n (2)\n \n \n in subsection (m),\n\t\t\t by striking\n \n \n \n \n (3)\n \n \n in subsection (n),\n\t\t\t by striking\n \n \n \n \n (4)\n \n \n in subsection (o),\n\t\t\t by striking\n \n \n \n \n (5)\n \n \n by adding at the\n\t\t\t end the following:\n \n \n \n \n (p)\n \n \n High Volume\n\t\t\t\tRetail Breeder\n \n \n \n (1)\n \n \n Definitions\n \n \n In\n\t\t\t\tthis subsection:\n \n \n \n (A)\n \n \n Breeding female\n\t\t\t\tdog\n \n \n The term\n \n breeding female dog\n \n means an intact\n\t\t\t\tfemale dog aged 4 months or older.\n \n \n \n \n (B)\n \n \n High volume\n\t\t\t\tretail breeder\n \n \n The term\n \n high volume retail breeder\n \n means a person who, in commerce, for\n\t\t\t\tcompensation or profit—\n \n \n \n (i)\n \n \n has an ownership interest in or custody of\n\t\t\t\t1 or more breeding female dogs; and\n \n \n \n \n (ii)\n \n \n sells or offers\n\t\t\t\tfor sale, via any means of conveyance (including the Internet, telephone, or\n\t\t\t\tnewspaper), more than 50 of the offspring of such breeding female dogs for use\n\t\t\t\tas pets in any 1-year period.\n \n \n \n \n \n \n (2)\n \n \n Relationship to\n\t\t\t\tdealers\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n For purposes of this\n\t\t\t\tAct, a high volume retail breeder shall be considered to be a dealer and\n\t\t\t\tsubject to all provisions of this Act applicable to a dealer.\n \n \n \n \n (B)\n \n \n Exception\n \n \n The retail pet store exemption in\n\t\t\t\tsubsection (f)(i) shall not apply to a high volume retail\n\t\t\t\tbreeder.\n \n \n \n \n \n .\n \n \n \n \n \n \n (b)\n \n \n Licenses\n \n \n Section\n\t\t\t 3 of the Animal Welfare Act (\n \n 7 U.S.C. 2133\n \n ) is amended—\n \n \n \n (1)\n \n \n by striking\n \n \n \n \n (2)\n \n \n in subsection (a)\n\t\t\t (as so designated), in the second proviso of the first sentence, by inserting\n \n \n \n \n (3)\n \n \n by adding at the\n\t\t\t end the following:\n \n \n \n \n (b)\n \n \n Dealers\n \n \n A\n\t\t\t\tdealer (including a high volume retail breeder) applying for a license under\n\t\t\t\tsubsection (a) (including annual renewals) shall include on the license\n\t\t\t\tapplication the total number of dogs exempted from exercise on the premises of\n\t\t\t\tthe dealer in the preceding year by a licensed veterinarian under section\n\t\t\t\t13(j)(2).\n \n \n \n .\n \n \n \n \n \n \n (c)\n \n \n Exercise\n\t\t\t requirements\n \n \n Section 13 of the Animal Welfare Act (\n \n 7 U.S.C. 2143\n \n )\n\t\t\t is amended—\n \n \n \n (1)\n \n \n by redesignating\n\t\t\t subsections (g) and (h) as subsections (h) and (i), respectively;\n \n \n \n \n (2)\n \n \n by redesignating\n\t\t\t the second subsection (f) (as redesignated by section 1752(a)(1) of Public Law\n\t\t\t 99–198 (99 Stat. 1645)) as subsection (g); and\n \n \n \n \n (3)\n \n \n by adding at the\n\t\t\t end the following:\n \n \n \n \n (j)\n \n \n Exercise\n\t\t\t\trequirements\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n Not later than 1 year after the date of enactment of this\n\t\t\t\tsubsection, the Secretary shall promulgate standards covering dealers that\n\t\t\t\tinclude requirements for the exercise of dogs at facilities owned or operated\n\t\t\t\tby a dealer, including exercise regulations that ensure that—\n \n \n \n (A)\n \n \n each dog that is\n\t\t\t\tat least 12 weeks old (other than a female dog with unweaned puppies) has daily\n\t\t\t\taccess to exercise that—\n \n \n \n (i)\n \n \n allows the\n\t\t\t\tdog—\n \n \n \n (I)\n \n \n to move\n\t\t\t\tsufficiently to develop or maintain normal muscle tone and mass as appropriate\n\t\t\t\tfor the age, breed, sex, and reproductive status of the dog; and\n \n \n \n \n (II)\n \n \n the ability to\n\t\t\t\tachieve a running stride; and\n \n \n \n \n \n (ii)\n \n \n is not a forced\n\t\t\t\tactivity (other than a forced activity used for veterinary treatment) or other\n\t\t\t\tphysical activity that is repetitive, restrictive of other activities,\n\t\t\t\tsolitary, and goal-oriented;\n \n \n \n \n \n (B)\n \n \n the provided area\n\t\t\t\tfor exercise—\n \n \n \n (i)\n \n \n is\n\t\t\t\tseparate from the primary enclosure if the primary enclosure does not provide\n\t\t\t\tsufficient space to achieve a running stride;\n \n \n \n \n (ii)\n \n \n has flooring\n\t\t\t\tthat—\n \n \n \n (I)\n \n \n is sufficient to\n\t\t\t\tallow for the type of activity described in subparagraph (A); and\n \n \n \n \n (II)\n \n - \n
\n (aa)\n \n \n is solid flooring;\n\t\t\t\tor\n \n \n - \n
\n (bb)\n \n \n is\n\t\t\t\tnonsolid, nonwire flooring, if the nonsolid, nonwire flooring—\n \n \n \n (AA)\n \n \n is safe for the\n\t\t\t\tbreed, size, and age of the dog;\n \n \n \n \n (BB)\n \n \n is free from\n\t\t\t\tprotruding sharp edges; and\n \n \n \n \n (CC)\n \n \n is designed so\n\t\t\t\tthat the paw of the dog is unable to extend through or become caught in the\n\t\t\t\tflooring;\n \n \n \n \n \n \n \n (iii)\n \n \n is cleaned at\n\t\t\t\tleast once each day;\n \n \n \n \n (iv)\n \n \n is free of\n\t\t\t\tinfestation by pests or vermin; and\n \n \n \n \n (v)\n \n \n is\n\t\t\t\tdesigned in a manner to prevent escape of the dogs.\n \n \n \n \n \n \n (2)\n \n \n Exemption\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n If a licensed veterinarian determines that a dog should\n\t\t\t\tnot exercise because of the health, condition, or well-being of the dog, this\n\t\t\t\tsubsection shall not apply to that dog.\n \n \n \n \n (B)\n \n \n Documentation\n \n \n A\n\t\t\t\tdetermination described in subparagraph (A) shall be—\n \n \n \n (i)\n \n \n documented by the\n\t\t\t\tveterinarian;\n \n \n \n \n (ii)\n \n \n subject to review\n\t\t\t\tand approval by the Secretary; and\n \n \n \n \n (iii)\n \n \n unless the basis\n\t\t\t\tfor the determination is a permanent condition, reviewed and updated at least\n\t\t\t\tonce every 30 days by the veterinarian.\n \n \n \n \n \n (C)\n \n \n Reports\n \n \n A\n\t\t\t\tdetermination described in subparagraph (A) shall be maintained by the\n\t\t\t\tdealer.\n \n \n \n \n \n .\n \n \n \n \n \n \n \n 3.\n \n \n Regulations\n \n \n Not later than 1 year after the date of\n\t\t\t enactment of this Act, the Secretary of Agriculture shall promulgate any\n\t\t\t regulations that the Secretary determines to be necessary to implement this Act\n\t\t\t and the amendments made by this Act.\n \n \n \n \n 4.\n \n \n Effect on State\n\t\t\t law\n \n \n Nothing in this Act or the\n\t\t\t amendments made by this Act preempt any law (including a regulation) of a\n\t\t\t State, or a political subdivision of a State, containing requirements that\n\t\t\t provide equivalent or greater protection for animals than the requirements of\n\t\t\t this Act or the amendments made by this Act.\n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 847 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Gerlach (for himself, Mr. Farr , Mr. Young of Florida , and Mrs. Capps ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Animal Welfare Act to provide further protection for puppies.\n\n1. Short title This Act may be cited as the Puppy Uniform Protection and Safety Act . 2. Protection of puppies under the Animal Welfare Act (a) High volume retail breeder defined Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended— (1) in subsection (l), by striking research. and inserting research; ; (2) in subsection (m), by striking members. and inserting members; ; (3) in subsection (n), by striking section 13(b); and and inserting section 13(b); ; (4) in subsection (o), by striking experimentation. and inserting experimentation; and ; and (5) by adding at the end the following: (p) High Volume Retail Breeder (1) Definitions In this subsection: (A) Breeding female dog The term breeding female dog means an intact female dog aged 4 months or older. (B) High volume retail breeder The term high volume retail breeder means a person who, in commerce, for compensation or profit— (i) has an ownership interest in or custody of 1 or more breeding female dogs; and (ii) sells or offers for sale, via any means of conveyance (including the Internet, telephone, or newspaper), more than 50 of the offspring of such breeding female dogs for use as pets in any 1-year period. (2) Relationship to dealers (A) In general For purposes of this Act, a high volume retail breeder shall be considered to be a dealer and subject to all provisions of this Act applicable to a dealer. (B) Exception The retail pet store exemption in subsection (f)(i) shall not apply to a high volume retail breeder. . (b) Licenses Section 3 of the Animal Welfare Act ( 7 U.S.C. 2133 ) is amended— (1) by striking The Secretary and inserting (a) In general .—The Secretary ; (2) in subsection (a) (as so designated), in the second proviso of the first sentence, by inserting (other than a high volume retail breeder) after any retail pet store or other person ; and (3) by adding at the end the following: (b) Dealers A dealer (including a high volume retail breeder) applying for a license under subsection (a) (including annual renewals) shall include on the license application the total number of dogs exempted from exercise on the premises of the dealer in the preceding year by a licensed veterinarian under section 13(j)(2). . (c) Exercise requirements Section 13 of the Animal Welfare Act ( 7 U.S.C. 2143 ) is amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; (2) by redesignating the second subsection (f) (as redesignated by section 1752(a)(1) of Public Law 99–198 (99 Stat. 1645)) as subsection (g); and (3) by adding at the end the following: (j) Exercise requirements (1) In general Not later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate standards covering dealers that include requirements for the exercise of dogs at facilities owned or operated by a dealer, including exercise regulations that ensure that— (A) each dog that is at least 12 weeks old (other than a female dog with unweaned puppies) has daily access to exercise that— (i) allows the dog— (I) to move sufficiently to develop or maintain normal muscle tone and mass as appropriate for the age, breed, sex, and reproductive status of the dog; and (II) the ability to achieve a running stride; and (ii) is not a forced activity (other than a forced activity used for veterinary treatment) or other physical activity that is repetitive, restrictive of other activities, solitary, and goal-oriented; (B) the provided area for exercise— (i) is separate from the primary enclosure if the primary enclosure does not provide sufficient space to achieve a running stride; (ii) has flooring that— (I) is sufficient to allow for the type of activity described in subparagraph (A); and (II) (aa) is solid flooring; or (bb) is nonsolid, nonwire flooring, if the nonsolid, nonwire flooring— (AA) is safe for the breed, size, and age of the dog; (BB) is free from protruding sharp edges; and (CC) is designed so that the paw of the dog is unable to extend through or become caught in the flooring; (iii) is cleaned at least once each day; (iv) is free of infestation by pests or vermin; and (v) is designed in a manner to prevent escape of the dogs. (2) Exemption (A) In general If a licensed veterinarian determines that a dog should not exercise because of the health, condition, or well-being of the dog, this subsection shall not apply to that dog. (B) Documentation A determination described in subparagraph (A) shall be— (i) documented by the veterinarian; (ii) subject to review and approval by the Secretary; and (iii) unless the basis for the determination is a permanent condition, reviewed and updated at least once every 30 days by the veterinarian. (C) Reports A determination described in subparagraph (A) shall be maintained by the dealer. . 3. Regulations Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall promulgate any regulations that the Secretary determines to be necessary to implement this Act and the amendments made by this Act. 4. Effect on State law Nothing in this Act or the amendments made by this Act preempt any law (including a regulation) of a State, or a political subdivision of a State, containing requirements that provide equivalent or greater protection for animals than the requirements of this Act or the amendments made by this Act."}}},{"rowIdx":1580,"cells":{"tv_id":{"kind":"string","value":"113-hr-848-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-848"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":848,"string":"848"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr848ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr848ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:38.432"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 848 IH: Armed Prohibited Persons Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Grants\n\t\t\t authorized\n \n \n The Attorney\n\t\t\t General may make grants to States to develop and operate systems to retrieve\n\t\t\t firearms from armed prohibited persons.\n \n \n \n \n 3.\n \n \n Applications\n \n \n A State seeking a grant under this Act shall\n\t\t\t submit an application to the Attorney General at such time and containing such\n\t\t\t information as the Attorney General may reasonably require, including\n\t\t\t assurances that—\n \n \n \n (1)\n \n \n any system that\n\t\t\t the State operates will provide an armed prohibited person with a reasonable\n\t\t\t opportunity to lawfully dispose of such person’s firearm before the State takes\n\t\t\t any action to retrieve such a firearm;\n \n \n \n \n (2)\n \n \n the State will contribute pertinent\n\t\t\t information to the national instant criminal background check system\n\t\t\t established under section 103(b) of the Brady Handgun Violence Prevention Act\n\t\t\t (\n \n 18 U.S.C. 922\n \n note); and\n \n \n \n \n (3)\n \n \n the State has a\n\t\t\t plan for the continued operation and maintenance of the system or proposed\n\t\t\t system to retrieve firearms from armed prohibited persons.\n \n \n \n \n \n 4.\n \n \n Definitions\n \n \n In this Act:\n \n \n \n (1)\n \n \n The term\n \n armed prohibited\n\t\t\t person\n \n means a person—\n \n \n \n (A)\n \n \n who possesses a firearm;\n \n \n \n \n (B)\n \n \n who lawfully\n\t\t\t purchased such firearm in accordance with all applicable Federal and State law;\n\t\t\t and\n \n \n \n \n (C)\n \n \n whose possession of such firearm, because\n\t\t\t of an act or ommission committed by such person, became unlawful under\n\t\t\t applicable Federal and State law (including\n \n section 922(g)\n \n of title 18, United\n\t\t\t States Code).\n \n \n \n \n \n (2)\n \n \n The term\n \n firearm\n \n has the meaning given the term in section 921(a)(3) of\n\t\t\t title 18, United States Code.\n \n \n \n \n (3)\n \n \n The term\n \n State\n \n means each of the several States, the District of Columbia,\n\t\t\t and each commonwealth, territory, or possession of the United States.\n \n \n \n \n \n 5.\n \n \n Authorization of\n\t\t\t appropriations\n \n \n There is\n\t\t\t authorized to be appropriated such sums as may be necessary to carry out this\n\t\t\t Act for fiscal years 2014 through 2018.\n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 848 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Thompson of California (for himself and Ms. Speier ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the Attorney General to make grants to States to develop systems to retrieve firearms from armed prohibited persons.\n\n1. Short title This Act may be cited as the Armed Prohibited Persons Act of 2013 . 2. Grants authorized The Attorney General may make grants to States to develop and operate systems to retrieve firearms from armed prohibited persons. 3. Applications A State seeking a grant under this Act shall submit an application to the Attorney General at such time and containing such information as the Attorney General may reasonably require, including assurances that— (1) any system that the State operates will provide an armed prohibited person with a reasonable opportunity to lawfully dispose of such person’s firearm before the State takes any action to retrieve such a firearm; (2) the State will contribute pertinent information to the national instant criminal background check system established under section 103(b) of the Brady Handgun Violence Prevention Act ( 18 U.S.C. 922 note); and (3) the State has a plan for the continued operation and maintenance of the system or proposed system to retrieve firearms from armed prohibited persons. 4. Definitions In this Act: (1) The term armed prohibited person means a person— (A) who possesses a firearm; (B) who lawfully purchased such firearm in accordance with all applicable Federal and State law; and (C) whose possession of such firearm, because of an act or ommission committed by such person, became unlawful under applicable Federal and State law (including section 922(g) of title 18, United States Code). (2) The term firearm has the meaning given the term in section 921(a)(3) of title 18, United States Code. (3) The term State means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States. 5. Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal years 2014 through 2018."}}},{"rowIdx":1581,"cells":{"tv_id":{"kind":"string","value":"113-hr-849-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-849"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":849,"string":"849"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr849ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr849ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:37.987"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 849 IH: Sequestration Relief Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Findings and\n\t\t\t purpose\n \n \n \n (a)\n \n \n Findings\n \n \n Congress\n\t\t\t finds the following:\n \n \n \n (1)\n \n \n Congress must\n\t\t\t enact a comprehensive, deficit reduction plan to solve the country’s fiscal\n\t\t\t challenges and to promote national security, economic stability, and the\n\t\t\t continued growth and prosperity of the United States.\n \n \n \n \n (2)\n \n \n The keys to a\n\t\t\t comprehensive, deficit reduction solution are increased revenues and changes in\n\t\t\t mandatory spending.\n \n \n \n \n (3)\n \n \n The Budget Control\n\t\t\t Act of 2011 was enacted to avert a default on Federal debt obligations, and it\n\t\t\t reduced discretionary spending by approximately $1 trillion through fiscal year\n\t\t\t 2021.\n \n \n \n \n (4)\n \n \n Because the Joint\n\t\t\t Select Committee on Deficit Reduction failed to recommend legislation providing\n\t\t\t an additional $1.2 trillion in deficit reduction, Federal law mandates that the\n\t\t\t additional savings be sequestered.\n \n \n \n \n (5)\n \n \n Sequestration was\n\t\t\t designed as a forcing mechanism for an agreement on a comprehensive, deficit\n\t\t\t reduction plan. It has failed to produce the intended results.\n \n \n \n \n (6)\n \n \n It no longer makes\n\t\t\t sense to rely on sequestration as a forcing mechanism for a balanced solution.\n\t\t\t The costs to our government and to the economy are too great.\n \n \n \n \n (7)\n \n \n Under\n\t\t\t sequestration, automatic, indiscriminate cuts would be applied, through fiscal\n\t\t\t year 2021, to a wide variety of discretionary spending programs to achieve $1.2\n\t\t\t trillion in savings, forestalling the sound planning needed for prudent and\n\t\t\t meaningful investments in national security, the workforce, transportation\n\t\t\t infrastructure, education, health care, public safety, housing, innovation,\n\t\t\t small business development, and many other facets of enduring national\n\t\t\t strength.\n \n \n \n \n (8)\n \n \n Even the prospect\n\t\t\t of sequestration is disruptive to regular order and to the congressional\n\t\t\t appropriations process, and it fosters damaging economic uncertainty, while\n\t\t\t short-term solutions only suspend the prospect and continue to undermine the\n\t\t\t certainty needed for economic recovery.\n \n \n \n \n (9)\n \n \n Therefore,\n\t\t\t Congress must eliminate the threat of sequestration.\n \n \n \n \n (10)\n \n \n Given the\n\t\t\t magnitude of the Federal deficit, it is likely that additional cuts to\n\t\t\t discretionary spending will be necessary for a comprehensive deficit reduction\n\t\t\t solution.\n \n \n \n \n (11)\n \n \n Congress must\n\t\t\t establish a manageable, long-term discretionary spending plan. An additional\n\t\t\t $320 billion in targetable cuts to discretionary appropriations from fiscal\n\t\t\t year 2014 through fiscal year 2021 represents one-third of the net amount that\n\t\t\t would have been indiscriminately cut by sequestration over fiscal years 2013\n\t\t\t through 2021.\n \n \n \n \n (12)\n \n \n It is recognized\n\t\t\t that a reduction of $167 billion to discretionary appropriations within budget\n\t\t\t function 050 from fiscal year 2014 through fiscal year 2021 will affect the\n\t\t\t National Military Strategy. The Department of Defense is highly encouraged to\n\t\t\t revisit its current strategic guidance and to work closely with Congress in\n\t\t\t building a new National Military Strategy that accounts for available resource\n\t\t\t levels.\n \n \n \n \n \n (b)\n \n \n Purposes\n \n \n The purposes of this Act are to—\n \n \n \n (1)\n \n \n eliminate the\n\t\t\t threat of sequestration to the American economy;\n \n \n \n \n (2)\n \n \n offer the Federal\n\t\t\t Government, industry, and the American people the predictability that economic\n\t\t\t recovery demands;\n \n \n \n \n (3)\n \n \n enable the\n\t\t\t Congress to pass appropriations legislation in regular order with a clear\n\t\t\t discretionary spending budget and grant the legislative and executive branches\n\t\t\t of government the flexibility needed to identify and implement specific\n\t\t\t discretionary spending reductions in a responsible and deliberate manner;\n\t\t\t and\n \n \n \n \n (4)\n \n \n provide a\n\t\t\t practicable, long-term discretionary spending plan that will contribute to a\n\t\t\t comprehensive, balanced, long-term, deficit reduction solution that includes\n\t\t\t affordable revisions to mandatory spending and new revenues.\n \n \n \n \n \n \n 3.\n \n \n Repeal of section 251A\n\t\t\t sequestrations\n \n \n Section 251A of\n\t\t\t the Balanced Budget and Emergency Deficit Control Act of 1985 is\n\t\t\t repealed.\n \n \n \n \n 4.\n \n \n $320 billion\n\t\t\t reduction in discretionary spending limits\n \n \n The discretionary spending limits set forth\n\t\t\t in paragraphs (3) through (10) of section 251(c) of the Balanced Budget and\n\t\t\t Emergency Deficit Control Act of 1985 are amended to read as follows:\n \n \n \n \n (3)\n \n \n for fiscal year\n\t\t\t\t2014—\n \n \n \n (A)\n \n \n for the security\n\t\t\t\tcategory, $546,000,000,000 in budget authority; and\n \n \n \n \n (B)\n \n \n for the\n\t\t\t\tnonsecurity category, $501,000,000,000 in budget authority;\n \n \n \n \n \n (4)\n \n \n with respect to\n\t\t\t\tfiscal year 2015—\n \n \n \n (A)\n \n \n for the security\n\t\t\t\tcategory, $550,000,000,000 in new budget authority; and\n \n \n \n \n (B)\n \n \n for the\n\t\t\t\tnonsecurity category, $505,000,000,000 in new budget authority;\n \n \n \n \n \n (5)\n \n \n with respect to\n\t\t\t\tfiscal year 2016—\n \n \n \n (A)\n \n \n for the security\n\t\t\t\tcategory, $559,000,000,000 in new budget authority; and\n \n \n \n \n (B)\n \n \n for the\n\t\t\t\tnonsecurity category, $513,000,000,000 in new budget authority;\n \n \n \n \n \n (6)\n \n \n with respect to\n\t\t\t\tfiscal year 2017—\n \n \n \n (A)\n \n \n for the security\n\t\t\t\tcategory, $569,000,000,000 in new budget authority; and\n \n \n \n \n (B)\n \n \n for the\n\t\t\t\tnonsecurity category, $522,000,000,000 in new budget authority;\n \n \n \n \n \n (7)\n \n \n with respect to\n\t\t\t\tfiscal year 2018—\n \n \n \n (A)\n \n \n for the security\n\t\t\t\tcategory, $579,000,000,000 in new budget authority; and\n \n \n \n \n (B)\n \n \n for the\n\t\t\t\tnonsecurity category, $531,000,000,000 in new budget authority;\n \n \n \n \n \n (8)\n \n \n with respect to\n\t\t\t\tfiscal year 2019—\n \n \n \n (A)\n \n \n for the security\n\t\t\t\tcategory, $589,500,000,000 in new budget authority; and\n \n \n \n \n (B)\n \n \n for the\n\t\t\t\tnonsecurity category, $541,000,000,000 in new budget authority;\n \n \n \n \n \n (9)\n \n \n with respect to\n\t\t\t\tfiscal year 2020—\n \n \n \n (A)\n \n \n for the security\n\t\t\t\tcategory, $602,500,000,000 in new budget authority; and\n \n \n \n \n (B)\n \n \n for the\n\t\t\t\tnonsecurity category, $553,000,000,000 in new budget authority;\n \n \n \n \n \n (10)\n \n \n with respect to\n\t\t\t\tfiscal year 2021—\n \n \n \n (A)\n \n \n for the security\n\t\t\t\tcategory, $616,000,000,000 in new budget authority; and\n \n \n \n \n (B)\n \n \n for the\n\t\t\t\tnonsecurity category, $565,000,000,000 in new budget\n\t\t\t\tauthority;\n \n \n \n \n .\n \n \n \n \n \n 5.\n \n \n Definition of\n\t\t\t security category\n \n \n Section\n\t\t\t 250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985\n\t\t\t is amended to read as follows:\n \n \n \n \n (B)\n \n \n \n (i)\n \n \n For fiscal years 2012\n\t\t\t\tand 2013, the term\n \n \n \n \n (ii)\n \n \n For fiscal years 2014 through 2021,\n\t\t\t\tthe term\n \n \n \n \n .\n \n \n \n \n \n 6.\n \n \n Suspension of\n\t\t\t statutory limit on the public debt until February 1, 2017\n \n \n Section 2 of the No Budget, No Pay Act of\n\t\t\t 2013 is amended—\n \n \n \n (1)\n \n \n in subsection (a),\n\t\t\t by striking\n \n \n \n \n (2)\n \n \n in subsection (b),\n\t\t\t by striking\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 849 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Smith of Washington (for himself, Mr. Brady of Pennsylvania , and Mr. Gallego ) introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to eliminate the section 251A sequestrations and to reduce the security and nonsecurity discretionary spending limits by $320 billion from fiscal year 2014 through fiscal year 2021, and to suspend the statutory limit on the public debt until February 1, 2017.\n\n1. Short title This Act may be cited as the Sequestration Relief Act of 2013 . 2. Findings and purpose (a) Findings Congress finds the following: (1) Congress must enact a comprehensive, deficit reduction plan to solve the country’s fiscal challenges and to promote national security, economic stability, and the continued growth and prosperity of the United States. (2) The keys to a comprehensive, deficit reduction solution are increased revenues and changes in mandatory spending. (3) The Budget Control Act of 2011 was enacted to avert a default on Federal debt obligations, and it reduced discretionary spending by approximately $1 trillion through fiscal year 2021. (4) Because the Joint Select Committee on Deficit Reduction failed to recommend legislation providing an additional $1.2 trillion in deficit reduction, Federal law mandates that the additional savings be sequestered. (5) Sequestration was designed as a forcing mechanism for an agreement on a comprehensive, deficit reduction plan. It has failed to produce the intended results. (6) It no longer makes sense to rely on sequestration as a forcing mechanism for a balanced solution. The costs to our government and to the economy are too great. (7) Under sequestration, automatic, indiscriminate cuts would be applied, through fiscal year 2021, to a wide variety of discretionary spending programs to achieve $1.2 trillion in savings, forestalling the sound planning needed for prudent and meaningful investments in national security, the workforce, transportation infrastructure, education, health care, public safety, housing, innovation, small business development, and many other facets of enduring national strength. (8) Even the prospect of sequestration is disruptive to regular order and to the congressional appropriations process, and it fosters damaging economic uncertainty, while short-term solutions only suspend the prospect and continue to undermine the certainty needed for economic recovery. (9) Therefore, Congress must eliminate the threat of sequestration. (10) Given the magnitude of the Federal deficit, it is likely that additional cuts to discretionary spending will be necessary for a comprehensive deficit reduction solution. (11) Congress must establish a manageable, long-term discretionary spending plan. An additional $320 billion in targetable cuts to discretionary appropriations from fiscal year 2014 through fiscal year 2021 represents one-third of the net amount that would have been indiscriminately cut by sequestration over fiscal years 2013 through 2021. (12) It is recognized that a reduction of $167 billion to discretionary appropriations within budget function 050 from fiscal year 2014 through fiscal year 2021 will affect the National Military Strategy. The Department of Defense is highly encouraged to revisit its current strategic guidance and to work closely with Congress in building a new National Military Strategy that accounts for available resource levels. (b) Purposes The purposes of this Act are to— (1) eliminate the threat of sequestration to the American economy; (2) offer the Federal Government, industry, and the American people the predictability that economic recovery demands; (3) enable the Congress to pass appropriations legislation in regular order with a clear discretionary spending budget and grant the legislative and executive branches of government the flexibility needed to identify and implement specific discretionary spending reductions in a responsible and deliberate manner; and (4) provide a practicable, long-term discretionary spending plan that will contribute to a comprehensive, balanced, long-term, deficit reduction solution that includes affordable revisions to mandatory spending and new revenues. 3. Repeal of section 251A sequestrations Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. 4. $320 billion reduction in discretionary spending limits The discretionary spending limits set forth in paragraphs (3) through (10) of section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended to read as follows: (3) for fiscal year 2014— (A) for the security category, $546,000,000,000 in budget authority; and (B) for the nonsecurity category, $501,000,000,000 in budget authority; (4) with respect to fiscal year 2015— (A) for the security category, $550,000,000,000 in new budget authority; and (B) for the nonsecurity category, $505,000,000,000 in new budget authority; (5) with respect to fiscal year 2016— (A) for the security category, $559,000,000,000 in new budget authority; and (B) for the nonsecurity category, $513,000,000,000 in new budget authority; (6) with respect to fiscal year 2017— (A) for the security category, $569,000,000,000 in new budget authority; and (B) for the nonsecurity category, $522,000,000,000 in new budget authority; (7) with respect to fiscal year 2018— (A) for the security category, $579,000,000,000 in new budget authority; and (B) for the nonsecurity category, $531,000,000,000 in new budget authority; (8) with respect to fiscal year 2019— (A) for the security category, $589,500,000,000 in new budget authority; and (B) for the nonsecurity category, $541,000,000,000 in new budget authority; (9) with respect to fiscal year 2020— (A) for the security category, $602,500,000,000 in new budget authority; and (B) for the nonsecurity category, $553,000,000,000 in new budget authority; (10) with respect to fiscal year 2021— (A) for the security category, $616,000,000,000 in new budget authority; and (B) for the nonsecurity category, $565,000,000,000 in new budget authority; . 5. Definition of security category Section 250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: (B) (i) For fiscal years 2012 and 2013, the term security category means discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95–0401–0–1–054), and all budget accounts in budget function 150 (international affairs). (ii) For fiscal years 2014 through 2021, the term security category means discretionary appropriations in budget function 050 (national defense). . 6. Suspension of statutory limit on the public debt until February 1, 2017 Section 2 of the No Budget, No Pay Act of 2013 is amended— (1) in subsection (a), by striking May 18, 2013 and inserting January 31, 2017 ; and (2) in subsection (b), by striking May 19, 2013 each place it appears and inserting February 1, 2017 ."}}},{"rowIdx":1582,"cells":{"tv_id":{"kind":"string","value":"113-hr-850-eh-dtd"},"legis_id":{"kind":"string","value":"113-hr-850"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":850,"string":"850"},"legis_version":{"kind":"string","value":"eh"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr850eh.xml"},"file_name":{"kind":"string","value":"BILLS-113hr850eh.xml"},"lastmod":{"kind":"string","value":"2023-01-07 09:23:02.006"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 850 EH: Nuclear Iran Prevention Act of 2013\n \n \n U.S. House of Representatives\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title and table of contents\n \n \n \n (a)\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n (b)\n \n \n Table of contents\n \n \n The table of contents for this Act is as follows:\n \n \n \n Sec. 1. Short title and table of contents.\n \n \n Sec. 2. Findings and statement of policy.\n \n \n Title I—Human rights and terrorism sanctions\n \n \n Sec. 101. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran.\n \n \n Sec. 102. Prevention of diversion of certain goods, services and technologies to Iran.\n \n \n Sec. 103. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization.\n \n \n Sec. 104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran.\n \n \n Sec. 105. Sense of Congress on elections in Iran.\n \n \n Sec. 106. Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran.\n \n \n Title II—Economic and financial sanctions\n \n \n Subtitle A—Amendments to Iran Sanctions Act of 1996\n \n \n Sec. 201. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium.\n \n \n Sec. 202. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities.\n \n \n Subtitle B—Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012\n \n \n Sec. 211. Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran.\n \n \n Sec. 212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors.\n \n \n Sec. 213. Sense of Congress regarding the European Central Bank.\n \n \n Sec. 214. Imposition of sanctions with respect to certain transactions in foreign currencies.\n \n \n Sec. 215. Sanctions with respect to certain transactions with Iran.\n \n \n Subtitle C—Other matters\n \n \n Sec. 221. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions.\n \n \n Sec. 222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran.\n \n \n Sec. 223. Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran.\n \n \n Sec. 224. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals.\n \n \n Sec. 225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013.\n \n \n Sec. 226. Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran.\n \n \n Sec. 227. Conditions for entry and operation of vessels.\n \n \n Title III—Additional authorities to prevent censorship activities in Iran\n \n \n Sec. 301. Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting.\n \n \n Sec. 302. List of persons who are high-risk re-exporters of sensitive technologies.\n \n \n Sec. 303. Sense of Congress on provision of intercept technologies to Iran.\n \n \n Sec. 304. Sense of Congress on availability of consumer communication technologies in Iran.\n \n \n Sec. 305. Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate.\n \n \n Title IV—Reports and other matters\n \n \n Sec. 401. National Strategy on Iran.\n \n \n Sec. 402. Report on Iranian nuclear and economic capabilities.\n \n \n Sec. 403. Report on plausibility of expanding sanctions on Iranian oil.\n \n \n Sec. 404. GAO report on Iranian strategy to evade current sanctions and other matters.\n \n \n Sec. 405. Authority to consolidate reports required under Iran sanctions laws.\n \n \n Sec. 406. Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012.\n \n \n Sec. 407. Rule of construction.\n \n \n Sec. 408. Implementation; penalties.\n \n \n Sec. 409. Severability.\n \n \n \n \n \n \n 2.\n \n \n Findings and statement of policy\n \n \n \n (a)\n \n \n Findings\n \n \n Congress finds the following:\n \n \n \n (1)\n \n \n Iran’s acquisition of a nuclear weapons capability would—\n \n \n \n (A)\n \n \n embolden its already aggressive foreign policy, including its arming of terrorist organizations and other groups, its efforts to destabilize countries in the Middle East, and its efforts to target the United States, United States allies, and United States interests globally;\n \n \n \n \n (B)\n \n \n increase the risk that Iran would share its nuclear technology and expertise with extremist groups and rogue nations;\n \n \n \n \n (C)\n \n \n destabilize global energy markets, posing a direct and devastating threat to the American and global economy; and\n \n \n \n \n (D)\n \n \n likely lead other governments in the region to pursue their own nuclear weapons programs, increasing the prospect of nuclear proliferation throughout the region and effectively ending the viability of the global nonproliferation regime, including the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force on March 5, 1970.\n \n \n \n \n \n (2)\n \n \n A nuclear arms-capable Iran possessing intercontinental ballistic missiles, a development most experts expect could occur within a decade, would pose a direct nuclear threat to the United States.\n \n \n \n \n \n (b)\n \n \n Statement of policy\n \n \n It shall be the policy of the United States to prevent Iran from acquiring a nuclear weapons capability.\n \n \n \n \n <enum>\n I\n </enum>\n <header>\n Human rights and terrorism sanctions\n </header>\n <section id=\"HEDB64DC4CDE34A5CB2FDADF9F223F848\">\n <enum>\n 101.\n </enum>\n <header>\n Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran\n </header>\n <subsection display-inline=\"no-display-inline\" id=\"H5F64892CF6F54434A21D6AAE652AAFF2\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513\">\n 22 U.S.C. 8513(c)(2)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H8DCEA17ECDA14358AAF74694868CBBF8\">\n <enum>\n (1)\n </enum>\n <text>\n in subparagraph (D), by striking\n <quote>\n or\n </quote>\n at the end;\n </text>\n </paragraph>\n <paragraph id=\"H0B3AC49F64A248EAB2730E6FF307A312\">\n <enum>\n (2)\n </enum>\n <text>\n in subparagraph (E), by striking the period at the end and inserting\n <quote>\n ; or\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HD4F62A2717BA44498D72958CD4A7C40A\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the end the following new subparagraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H4095C5A49C1B4954B90F6C0821D5091E\" style=\"OLC\">\n <subparagraph id=\"HF95282245E264DBA81BEBD70AEEBCD61\">\n <enum>\n (F)\n </enum>\n <text display-inline=\"yes-display-inline\">\n facilitates a significant transaction or transactions or provides significant financial services for—\n </text>\n <clause id=\"H1E9E7F3A0B4640AB80AABD886FF7CC75\">\n <enum>\n (i)\n </enum>\n <text>\n a person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or 105C(a); or\n </text>\n </clause>\n <clause id=\"H8AB882F935AC407DA1E90CC8059CDA29\">\n <enum>\n (ii)\n </enum>\n <text>\n a person that exports sensitive technology to Iran and is subject to the prohibition on procurement contracts as described in section 106.\n </text>\n </clause>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection display-inline=\"no-display-inline\" id=\"H56420FB39BA148CA8482F50292B97BF1\">\n <enum>\n (b)\n </enum>\n <header>\n Effective date\n </header>\n <text display-inline=\"yes-display-inline\">\n The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to any activity described in subparagraph (F) of section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (as added by subsection (a)(3) of this section) initiated on or after the date that is 90 days after such date of enactment.\n </text>\n </subsection>\n <subsection id=\"H327598D9FE1D4937A2D3755137BDF900\">\n <enum>\n (c)\n </enum>\n <header>\n Regulations\n </header>\n <text>\n Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a).\n </text>\n </subsection>\n </section>\n <section id=\"HB268BFD5EBA14230B4020A7104E06C45\">\n <enum>\n 102.\n </enum>\n <header>\n Prevention of diversion of certain goods, services and technologies to Iran\n </header>\n <subsection id=\"HA4191CCC061046E2A48C7889FD25A816\">\n <enum>\n (a)\n </enum>\n <header>\n Definitions\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 301(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8541\">\n 22 U.S.C. 8541(1)\n </external-xref>\n ) is amended by striking\n <quote>\n knows or has reason to know\n </quote>\n and inserting\n <quote>\n knows, has reason to know, or should have known\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H6A80AAE6E1DF43159310A4A820D1B133\">\n <enum>\n (b)\n </enum>\n <header>\n Identification of countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 302(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8542\">\n 22 U.S.C. 8542(b)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H3AEC3792619B452C896360CAA3BD231A\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph (1), by striking\n <quote>\n or\n </quote>\n at the end;\n </text>\n </paragraph>\n <paragraph id=\"H55B81393562647528D7523CDFEBA084E\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (2), by striking the period at the end and inserting\n <quote>\n ; or\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H5D11CF5E94C542CB891855695FCA83B2\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the end the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H05A3601BF0AE49C7B9FF52578D31AD42\" style=\"OLC\">\n <paragraph id=\"HBAF5326C56444BA1877E5A2BD6E60894\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n that are—\n </text>\n <subparagraph id=\"H09E3A0D3BAC94B5A86FA71C66DDC1232\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n items described in the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions);\n </text>\n </subparagraph>\n <subparagraph id=\"HDBB17455E0FA418CAAF0FBEF4AF8ABF4\">\n <enum>\n (B)\n </enum>\n <text>\n items on the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions;\n </text>\n </subparagraph>\n <subparagraph id=\"H91F6AA3D525946F998152F957CA03B01\">\n <enum>\n (C)\n </enum>\n <text>\n items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group;\n </text>\n </subparagraph>\n <subparagraph id=\"H7E964FB6E14E4ADD9145A834D06A7400\">\n <enum>\n (D)\n </enum>\n <text>\n items on the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or\n </text>\n </subparagraph>\n <subparagraph id=\"HB0D76260D02D40EA920745036B5BAC04\">\n <enum>\n (E)\n </enum>\n <text>\n items on the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions.\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H8E0257400F4C45FDA053BC25BDAD330D\">\n <enum>\n (c)\n </enum>\n <header>\n Destinations of diversion concern\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 303(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8543\">\n 22 U.S.C. 8543(c)\n </external-xref>\n ) is amended—\n </text>\n <paragraph display-inline=\"no-display-inline\" id=\"H3FC7C743AE9E4DF8B6E26A4A6C8A1CD9\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n Not later than\n </quote>\n and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HF0C4339FF71C4C39AC199F1E4A3E9879\" style=\"OLC\">\n <paragraph id=\"HE67B39EE78644F44842101D01CCB7D67\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than\n </text>\n </paragraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H93818E21DB74494EA9CA1B6EB2190100\">\n <enum>\n (2)\n </enum>\n <text>\n by adding at the end the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H592806A87B924A79A50AF21C8EAC3E16\" style=\"OLC\">\n <paragraph id=\"HB58463E9F6394ECA9FC20E24E538CF30\">\n <enum>\n (2)\n </enum>\n <header>\n Additional measures\n </header>\n <subparagraph id=\"H34BC3BE034964CEB8C6BDF888DBC5294\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text>\n Except as provided in this section, the President may impose restrictions on United States foreign assistance or measures authorized under the International Emergency Economic Powers Act with respect to a country designated as a country of diversion concern if the President determines such restrictions or measures would prevent the transfer of United States-origin goods, services, and technology to Iran.\n </text>\n </subparagraph>\n <subparagraph id=\"HE691D8FF3AA34B7E8963C001688683DE\">\n <enum>\n (B)\n </enum>\n <header>\n Exception\n </header>\n <text display-inline=\"yes-display-inline\">\n The authority to impose sanctions under subparagraph (A) shall not include the authority to impose sanctions relating to the importation of goods.\n </text>\n </subparagraph>\n <subparagraph id=\"H19B7B4C6F5214C739CB89A0CEDE7CBE6\">\n <enum>\n (C)\n </enum>\n <header>\n Good defined\n </header>\n <text display-inline=\"yes-display-inline\">\n In this paragraph, the term\n <quote>\n good\n </quote>\n has the meaning given that term in section 16 of the Export Administration Act of 1979 (\n <external-xref legal-doc=\"usc-appendix\" parsable-cite=\"usc-appendix/50/2415\">\n 50 U.S.C. App. 2415\n </external-xref>\n ) (as continued in effect pursuant to the International Emergency Economic Powers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701 et seq.\n </external-xref>\n )).\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H677C691FD69C4398B7EA0122B765F46E\">\n <enum>\n (d)\n </enum>\n <header>\n Effective date\n </header>\n <text display-inline=\"yes-display-inline\">\n The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to countries identified in any update to the report that is required under section 302(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and submitted to Congress on or after such date of enactment.\n </text>\n </subsection>\n </section>\n <section commented=\"no\" id=\"H93DCEBF8A1954C19B417D505FC587B5D\" section-type=\"subsequent-section\">\n <enum>\n 103.\n </enum>\n <header>\n Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization\n </header>\n <subsection commented=\"no\" id=\"H3980E4FD42B2481C93195DC425156874\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Subtitle A of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8741\">\n 22 U.S.C. 8741 et seq.\n </external-xref>\n ) is amended—\n </text>\n <paragraph commented=\"no\" id=\"HDB7760C18F7E40B58171A7A090F78611\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating section 304 as section 305; and\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HB942FA71599F4B32A91E2A72AFA3C90E\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after section 303 the following new section:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H7F36A69F64BB4FF9B8108D4D06B1363B\" style=\"OLC\">\n <section commented=\"no\" id=\"HF4104C59D70E42F9B8872790DDCC5267\">\n <enum>\n 304.\n </enum>\n <header>\n Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization\n </header>\n <subsection commented=\"no\" display-inline=\"no-display-inline\" id=\"HE18923CEA61A4E21A98164DBBAFB7131\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text>\n Not later than 30 days after the date of the enactment of this section, the Secretary of State shall determine if Iran’s Revolutionary Guard Corps meets the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/8/1189\">\n 8 U.S.C. 1189\n </external-xref>\n ).\n </text>\n </subsection>\n <subsection commented=\"no\" id=\"H865907DF664D439DB3A240AA81B1B1DA\">\n <enum>\n (b)\n </enum>\n <header>\n Affirmative determination\n </header>\n <text display-inline=\"yes-display-inline\">\n If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps meets the criteria set forth under such section 219, the Secretary shall designate Iran’s Revolutionary Guard Corps as a foreign terrorist organization under such section 219.\n </text>\n </subsection>\n <subsection commented=\"no\" id=\"H186782C150F14857B8BB537CE53BD997\">\n <enum>\n (c)\n </enum>\n <header>\n Negative determination\n </header>\n <paragraph commented=\"no\" id=\"H3333A73B7AC34B33B001601B3E0A4A47\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps does not meet the criteria set forth under such section 219, the Secretary shall submit to the committees of Congress specified in subsection (e) a report that contains a detailed justification as to which criteria have not been met.\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HD9D19C22FDA44DCA95EFF212D6A82ABF\">\n <enum>\n (2)\n </enum>\n <header>\n Form\n </header>\n <text>\n The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HFFE9594CB8304E06B5D8F71B7DB72F7A\">\n <enum>\n (d)\n </enum>\n <header>\n Applicability of sanctions to Quds Force\n </header>\n <text display-inline=\"yes-display-inline\">\n The sanctions applied to any entity designated as a foreign terrorist organization as set forth in such section 219 shall be applied to the Iran’s Revolutionary Guard Corps Quds Force.\n </text>\n </subsection>\n <subsection commented=\"no\" id=\"H5C5262A1F3B54322B19A91EC1BCA24F1\">\n <enum>\n (e)\n </enum>\n <header>\n Committees of Congress specified\n </header>\n <text>\n The committees of Congress specified in this subsection are the following:\n </text>\n <paragraph commented=\"no\" id=\"H6128956FF42F42FA8A93FA0F0EA20C6A\">\n <enum>\n (1)\n </enum>\n <text>\n The Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives.\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"H922EF8E1A3534E889CDEBEF71D1C4A8E\">\n <enum>\n (2)\n </enum>\n <text>\n The Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate.\n </text>\n </paragraph>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" id=\"HBCA00E11764A4807AD967EDE8445BB50\">\n <enum>\n (b)\n </enum>\n <header>\n Clerical amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 304 and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HB1C22436175E40C2848B371477A87A7F\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 305. Rule of construction.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n </section>\n <section id=\"HC27D604D99AB4AD09B2E8CE1E713F6CB\">\n <enum>\n 104.\n </enum>\n <header>\n Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran\n </header>\n <subsection id=\"H97D59D608A3F4C24892CEE19E0D37832\">\n <enum>\n (a)\n </enum>\n <header>\n Finding and sense of Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/158\">\n Public Law 112–158\n </external-xref>\n ; 126 Stat. 1251) is amended to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HD5969C456D3342CF8431E8382C4FBBD1\" style=\"OLC\">\n <subsection id=\"H9055BB28E33D48C8AF0C17DDEA89EFA8\">\n <enum>\n (a)\n </enum>\n <header>\n Finding and sense of Congress\n </header>\n <paragraph id=\"H56C23C0C2FA843BC9687A219ACDD0C56\">\n <enum>\n (1)\n </enum>\n <header>\n Finding\n </header>\n <text display-inline=\"yes-display-inline\">\n Congress finds that Iranian persons holding the following positions in the Government of Iran are ultimately responsible for and have and continue to knowingly order, control, direct and implement gross violations of the human rights of the Iranian people, the human rights of persons in other countries, censorship, and the diversion of food, medicine, medical devices, agricultural commodities and other goods intended for the Iranian people:\n </text>\n <subparagraph id=\"H002435DD072F491CB019E460C4323FDF\">\n <enum>\n (A)\n </enum>\n <text>\n The Supreme Leader of Iran.\n </text>\n </subparagraph>\n <subparagraph id=\"H3013EEE7E49E4F94A094D891E9D0622A\">\n <enum>\n (B)\n </enum>\n <text>\n The President of Iran.\n </text>\n </subparagraph>\n <subparagraph id=\"H22EAB464CD1A42E29DBF2BD1922BBC31\">\n <enum>\n (C)\n </enum>\n <text>\n Members of the Council of Guardians.\n </text>\n </subparagraph>\n <subparagraph id=\"H7DC41BF138964338BD25C888CE6611E5\">\n <enum>\n (D)\n </enum>\n <text>\n Members of the Expediency Council.\n </text>\n </subparagraph>\n <subparagraph id=\"H8AE1FE8EB88841CE8BB6C9F2C42C5F97\">\n <enum>\n (E)\n </enum>\n <text>\n The Minister of Intelligence and Security.\n </text>\n </subparagraph>\n <subparagraph id=\"H531C207C1DE245288841483929DF3B88\">\n <enum>\n (F)\n </enum>\n <text>\n The Commander of the Iran’s Revolutionary Guard Corps.\n </text>\n </subparagraph>\n <subparagraph id=\"HB3EC07776D97473FB1B5B79F1633F805\">\n <enum>\n (G)\n </enum>\n <text>\n The Commander of the Basij-e-Mostaz’afin.\n </text>\n </subparagraph>\n <subparagraph id=\"HA29E42DC3AF848A0A18719EBCF3DF189\">\n <enum>\n (H)\n </enum>\n <text>\n The Commander of Ansar-e-Hezbollah.\n </text>\n </subparagraph>\n <subparagraph id=\"H67A618B85AD84A3F8BD5167F51539985\">\n <enum>\n (I)\n </enum>\n <text>\n The Commander of the Quds Force.\n </text>\n </subparagraph>\n <subparagraph id=\"HB383F336C8AC4116A4824CD4650071C8\">\n <enum>\n (J)\n </enum>\n <text>\n The Commander in Chief of the Police Force.\n </text>\n </subparagraph>\n <subparagraph id=\"H94C8879E3DDB425F929E0F44FF849592\">\n <enum>\n (K)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Senior officials or key employees of an organization described in any of subparagraphs (C) through (J) or in the Atomic Energy Organization of Iran, the Islamic Consultative Assembly of Iran, the Council of Ministers of Iran, the Assembly of Experts of Iran, the Ministry of Defense and Armed Forces Logistics of Iran, the Ministry of Justice of Iran, the Ministry of Interior of Iran, the prison system of Iran, or the judicial system of Iran.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H24CFC71CDCDF47DB9BDD8B6D60F1AA5A\">\n <enum>\n (2)\n </enum>\n <header>\n Sense of Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the sense of Congress that—\n </text>\n <subparagraph id=\"H61F4DB160D3C478E9A504C4CA24192AF\">\n <enum>\n (A)\n </enum>\n <text>\n the President should include any Iranian person holding a position in the Government of Iran described in paragraph (1) on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8514\">\n 22 U.S.C. 8514(b)\n </external-xref>\n , 8514a(b), 8514b(b), or 8514c(b)); and\n </text>\n </subparagraph>\n <subparagraph id=\"HE62355F1E098442EB881458FE0204D26\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the President should impose sanctions on such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be).\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H37812AA2C05642268B688D20D735ADCD\">\n <enum>\n (b)\n </enum>\n <header>\n Additional finding and sense of Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/158\">\n Public Law 112–158\n </external-xref>\n ; 126 Stat. 1251) is amended—\n </text>\n <paragraph id=\"HFB22F6DD667E43D68E28607091C9AFEB\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating subsection (b) as subsection (c); and\n </text>\n </paragraph>\n <paragraph id=\"HD6F0DC825B994F759A2E284C53242DAD\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after subsection (a) the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H57972C8444314CD5B73C67773E4B0E0D\" style=\"OLC\">\n <subsection id=\"HEB2A2D37E4E94ECD8541A7BF7061F649\">\n <enum>\n (b)\n </enum>\n <header>\n Additional finding and sense of Congress\n </header>\n <paragraph id=\"H50B1C1DDB64C499792255837AE73D010\">\n <enum>\n (1)\n </enum>\n <header>\n Finding\n </header>\n <text display-inline=\"yes-display-inline\">\n Congress finds that other senior officials of the Government of Iran, its agencies and instrumentalities, also have and continue to knowingly order, control, direct, and implement gross violations of the human rights of the Iranian people and the human rights of persons in other countries.\n </text>\n </paragraph>\n <paragraph id=\"H16D6ECA4278E466C92D01238F1705853\">\n <enum>\n (2)\n </enum>\n <header>\n Sense of Congress\n </header>\n <text>\n It is the sense of Congress that—\n </text>\n <subparagraph id=\"H968B8884327B43BBA3B483FD044FAE44\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the President should investigate violations of human rights described in paragraph (1) to identify other senior officials of the Government of Iran that also have or continue to knowingly order, control, direct, and implement gross violations of human rights of the Iranian people and the human rights of persons in other countries;\n </text>\n </subparagraph>\n <subparagraph id=\"HB4B244A8A0B94F9BAA45BC630939AAC9\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the President should include any such official on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8514\">\n 22 U.S.C. 8514(b)\n </external-xref>\n , 8514a(b), 8514b(b), or 8514c(b)); and\n </text>\n </subparagraph>\n <subparagraph id=\"H5A30683BF3414328A259E4033656C584\">\n <enum>\n (C)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the President should impose sanctions on any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be).\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H11F76C46CA834F48BF14D27FF2AED6E8\">\n <enum>\n (c)\n </enum>\n <header>\n Report\n </header>\n <text>\n Section 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/158\">\n Public Law 112–158\n </external-xref>\n ; 126 Stat. 1251) (as redesignated by subsection (b) of this section) is amended—\n </text>\n <paragraph id=\"HB434AF3D18DD40A2BB13AD71C8437B2B\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n Not later than\n </quote>\n and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HA2808AD531EF45638B7C389E68C535F4\" style=\"OLC\">\n <subparagraph id=\"H4E8CA96EFDFC42E789EDE2A0F6FC3E06\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than\n </text>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H97AFB285913940B6AA3056A780C8EA83\">\n <enum>\n (2)\n </enum>\n <text>\n by striking\n <quote>\n this Act\n </quote>\n and inserting\n <quote>\n the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H5B907645411F45429BE1C1442E7CA2FE\">\n <enum>\n (3)\n </enum>\n <text>\n by striking\n <quote>\n otherwise directing the commission of\n </quote>\n and inserting\n </text>\n <quoted-block display-inline=\"yes-display-inline\" id=\"H0E3A1687201D427C893395B018104735\" style=\"OLC\">\n <text>\n otherwise directing—\n </text>\n <clause id=\"HCD8A491727EC431C868E004A93496113\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the commission of\n </text>\n </clause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H6050CD10177F4206A8FB98A356B3B909\">\n <enum>\n (4)\n </enum>\n <text>\n by striking\n <quote>\n Iran.\n </quote>\n and inserting\n </text>\n <quoted-block display-inline=\"yes-display-inline\" id=\"H4B483F4E7F0141BCB73908354108DADB\" style=\"OLC\">\n <text>\n Iran;\n </text>\n <clause id=\"H2C42FEB9C67D41279FFADCC2DBA1203F\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n censorship or related activities with respect to Iran; or\n </text>\n </clause>\n <clause id=\"H1A35CD13FFE24830A377DE51EAD8D822\">\n <enum>\n (iii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the diversion of goods, food, medicine, medical devices, and agricultural commodities, intended for the people of Iran.\n </text>\n </clause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H87CD579AAA84422CBD04413717A63710\">\n <enum>\n (5)\n </enum>\n <text>\n by striking\n <quote>\n For any such person\n </quote>\n and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HF0D6C46656E84E55868A8D70BFC950FE\" style=\"OLC\">\n <subparagraph id=\"H8CE46B90CC8942D3BEF5BE079345A9F8\">\n <enum>\n (B)\n </enum>\n <header>\n Requirement relating to persons not included\n </header>\n <text display-inline=\"yes-display-inline\">\n For any such person\n </text>\n </subparagraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H806C1879C6C14673B84D14B004700C03\">\n <enum>\n (6)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by adding at the end the following new subparagraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H99DDF7F037EA48658198BE6BAEFB13AC\" style=\"OLC\">\n <subparagraph id=\"H7C7BA2AB9B3D43EEB9744E33220D89C9\">\n <enum>\n (C)\n </enum>\n <header>\n Requirement relating to financial net worth\n </header>\n <text display-inline=\"yes-display-inline\">\n For each such person described in subparagraph (A) and each such person described in subparagraph (B), the Secretary of State shall include in the report a description of the estimated net worth of the person.\n </text>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H85F898E51A504AD1BBFB46CC5CADDB57\">\n <enum>\n (d)\n </enum>\n <header>\n Additional report\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/158\">\n Public Law 112–158\n </external-xref>\n ; 126 Stat. 1251), as amended by this section, is further amended by adding at the end the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H1D607BA77D464B378B6CE763ED37BDA2\" style=\"OLC\">\n <subsection id=\"H5247F95AE7FE49FB86180F275B3C62D1\">\n <enum>\n (d)\n </enum>\n <header>\n Additional report\n </header>\n <paragraph id=\"H3A22B88D337F45FBAE6FBBD8341766D4\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n Not later than 180 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years, the Secretary of State shall submit to the appropriate congressional committees a detailed report with respect to whether each person described in subsection (a) or any family member of such person has facilitated deceptive transactions for or on behalf of any person subject to United States sanctions concerning Iran in violation of Executive Order 13608 of May 1, 2012 (77 Fed. Reg. 26409;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701\n </external-xref>\n note) or any other provision of law.\n </text>\n </paragraph>\n <paragraph id=\"H9879DC7552504F2EAC43305C81565E2F\">\n <enum>\n (2)\n </enum>\n <header>\n Family member defined\n </header>\n <text>\n In this subsection, the term\n <quote>\n family member\n </quote>\n includes, with respect to a person, any relative of such person to the third degree of consanguinity.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H4748497C17494C3DBB0A5C4EB24AD22D\">\n <enum>\n (e)\n </enum>\n <header>\n Conforming amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The heading for section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/158\">\n Public Law 112–158\n </external-xref>\n ; 126 Stat. 1251) is amended by striking\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n committed against\n </header-in-text>\n </quote>\n and all that follows and inserting\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n , engaging in censorship, or engaging in the diversion of goods intended for the people of Iran.\n </header-in-text>\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H34C0F45052E64629989CDD0F06D1C89F\">\n <enum>\n (f)\n </enum>\n <header>\n Clerical amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 401 and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HCAC3A15AC270467FB77F9A86A7280533\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 401. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n </section>\n <section id=\"HC6419E1CBE034F2BB22DAC7A1F6E2BEC\">\n <enum>\n 105.\n </enum>\n <header>\n Sense of Congress on elections in Iran\n </header>\n <subsection id=\"H8589DE600F244687A3594AF5246A8A43\">\n <enum>\n (a)\n </enum>\n <header>\n Findings\n </header>\n <text display-inline=\"yes-display-inline\">\n Congress makes the following findings:\n </text>\n <paragraph id=\"H2B8ACE61116742F9B4913BD08BD20253\">\n <enum>\n (1)\n </enum>\n <text>\n The Iranian people are systematically denied free, fair, and credible elections by the Government of the Islamic Republic of Iran.\n </text>\n </paragraph>\n <paragraph id=\"H8539DD04F6094645ABA6B9186B756163\">\n <enum>\n (2)\n </enum>\n <text>\n The unelected and unaccountable Guardian Council disqualifies hundreds of qualified candidates, including women and most religious minorities, while the regime intimidates others into staying out of elections completely.\n </text>\n </paragraph>\n <paragraph id=\"HA810F85F44954D98BC3C7F1453BDBB05\">\n <enum>\n (3)\n </enum>\n <text>\n Voting inconsistencies, including an absence of international observers, and fraud are commonplace.\n </text>\n </paragraph>\n <paragraph id=\"HA045E57ED8C5433AB45CE8247791E91C\">\n <enum>\n (4)\n </enum>\n <text>\n The 2009 presidential elections proved that the regime will engage in large scale vote-rigging to ensure a specific result.\n </text>\n </paragraph>\n <paragraph id=\"HE762C961EBF5447ABA372F35E2C655C2\">\n <enum>\n (5)\n </enum>\n <text>\n The Iranian regime combines electoral manipulation with the ruthless suppression of dissent. Following the 2009 elections, peaceful demonstrators were met with violence by the regime’s security apparatus, including arbitrary detentions, beatings, kidnappings, rapes, and murders.\n </text>\n </paragraph>\n <paragraph id=\"H50BB94B56F644C90AAA567E5EEE375DC\">\n <enum>\n (6)\n </enum>\n <text>\n The electoral manipulation and human rights violations are in violation of the Government of Iran’s agreed to obligations under the United Nations International Covenant on Civil and Political Rights.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H4BB77C82A7EE4B898D746BC508F4118E\">\n <enum>\n (b)\n </enum>\n <header>\n Sense of Congress\n </header>\n <text>\n It is the sense of the Congress that—\n </text>\n <paragraph id=\"H59B53D4E4CDB45E0BEBED18434A8449C\">\n <enum>\n (1)\n </enum>\n <text>\n the Iranian people are deprived by their government of free, fair, and credible elections;\n </text>\n </paragraph>\n <paragraph id=\"H85D5BDF8350340E0AB6890D560F23C24\">\n <enum>\n (2)\n </enum>\n <text>\n the United States should support freedom, human rights, civil liberties, and the rule of law in Iran, and elections that are free and fair, meet international standards, and allow independent international and domestic electoral observers unrestricted access to polling and counting stations; and\n </text>\n </paragraph>\n <paragraph id=\"H58C683BBB78D4D4D97CF55964A025B1D\">\n <enum>\n (3)\n </enum>\n <text>\n the United States should support the people of Iran in their peaceful calls for a representative and responsive democratic government that respects human rights, civil liberties, and the rule of law.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H8AF9816AA6A34A11934DDD0E7167E72F\">\n <enum>\n 106.\n </enum>\n <header>\n Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran\n </header>\n <text display-inline=\"no-display-inline\">\n It is the sense of Congress that the Secretary of State should designate a Special Coordinator position in the Bureau of Near Eastern Affairs whose primary function is to facilitate cooperation across departments for the purpose of advancing human rights and political participation for women in Iran, as well as to prepare evidence and information to be used in identifying Iranian officials for designation as human rights violators for their involvement in violating the human rights of women in Iran.\n </text>\n </section>\n \n \n <enum>\n II\n </enum>\n <header>\n Economic and financial sanctions\n </header>\n <subtitle id=\"H83E095B8EA294A428515042397CBFEEE\">\n <enum>\n A\n </enum>\n <header>\n Amendments to Iran Sanctions Act of 1996\n </header>\n <section id=\"HBAB2EC46FF6347F38FC3C5E6FB7738B7\">\n <enum>\n 201.\n </enum>\n <header>\n Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium\n </header>\n <subsection id=\"HDF10627F12634B388CB036089274CE00\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text>\n Section 5(b) of the Iran Sanctions Act of 1996 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/172\">\n Public Law 104–172\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701\n </external-xref>\n note) is amended by adding at the end the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HA1C87A8CD04444C6BC5FCADE17767587\" style=\"OLC\">\n <paragraph id=\"H11D024806E054B7B85C60E1FDA470503\">\n <enum>\n (3)\n </enum>\n <header>\n Transfer to Iran of goods, services, or technology that can be used for mining or milling of uranium\n </header>\n <text display-inline=\"yes-display-inline\">\n Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly transferred, on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013, to Iran goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium.\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HA2AA3E951E9F48B1A788049227A5DEFD\">\n <enum>\n (b)\n </enum>\n <header>\n Conforming amendments\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 5 of such Act is amended in subsection (b)(3), (c), and (f) by striking\n <quote>\n paragraph (1) or (2)\n </quote>\n each place it appears and inserting\n <quote>\n paragraph (1), (2), or (3)\n </quote>\n .\n </text>\n </subsection>\n </section>\n <section id=\"H59BE51F4B0E248EBA15BE137391DEBF5\">\n <enum>\n 202.\n </enum>\n <header>\n Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities\n </header>\n <text display-inline=\"no-display-inline\">\n Section 9(c)(1) of the Iran Sanctions Act of 1996 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/172\">\n Public Law 104–172\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701\n </external-xref>\n note) is amended—\n </text>\n <paragraph id=\"H3DEB77B4C06645679E2C562319029494\">\n <enum>\n (1)\n </enum>\n <text>\n by striking subparagraph (B);\n </text>\n </paragraph>\n <paragraph id=\"H2B71185913B14189887E8E361A7F8169\">\n <enum>\n (2)\n </enum>\n <text>\n by redesignating subparagraph (C) as subparagraph (B); and\n </text>\n </paragraph>\n <paragraph id=\"H06B6B2BC653B4D1C9226CAAAD9D170E7\">\n <enum>\n (3)\n </enum>\n <text>\n in subparagraph (B) (as redesignated by paragraph (2) of this section)—\n </text>\n <subparagraph id=\"H56BB528FA47B43A3AC45A4B6E9EA9CF6\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n or (B)\n </quote>\n each place it appears; and\n </text>\n </subparagraph>\n <subparagraph id=\"H9256B05448B2478BBAD74AD5B17F6902\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n , as applicable\n </quote>\n .\n </text>\n </subparagraph>\n </paragraph>\n </section>\n </subtitle>\n <subtitle id=\"H59FA744E9EEB46E690552DAF37C0B006\">\n <enum>\n B\n </enum>\n <header>\n Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012\n </header>\n <section id=\"H2465FF2B8A7B4493B484C52CAF37AC80\">\n <enum>\n 211.\n </enum>\n <header>\n Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran\n </header>\n <subsection id=\"H7FF8BE26F8E84AC08114DD288046C555\">\n <enum>\n (a)\n </enum>\n <header>\n Application to owners and subsidiaries\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection (a) of section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/111/195\">\n Public Law 111–195\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8515\">\n 22 U.S.C. 8515\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HBA2B706DE9D24A24BF992EA58C364EAE\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n goods or services with a person\n </quote>\n and inserting the following:\n </text>\n <quoted-block display-inline=\"yes-display-inline\" id=\"H8F57996C9FC94A689280C8C065980B21\" style=\"OLC\">\n <text display-inline=\"yes-display-inline\">\n goods or services—\n </text>\n <paragraph id=\"H127B89E1465F44738BEFB39FE754DBD7\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n with a person\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H3320EFA86CD1415D8CD7AB4031129E88\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (1), as added by paragraph (1) of this subsection, by striking the period at the end and inserting and inserting\n <quote>\n ; or\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HA8B0DE390F9C45E78084BA3E3CFA0AE6\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the end the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H10D174436CA54724BC7F71FB203C02C7\" style=\"OLC\">\n <paragraph id=\"H2858288070DF4F40A4FFCA9FF160F1AF\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n with respect to a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1).\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H5C026BCC53584B72AF394B45B84CADA1\">\n <enum>\n (b)\n </enum>\n <header>\n Sensitive technology defined\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection (c)(1) of such section is amended by striking\n <quote>\n is to be used specifically\n </quote>\n and inserting\n <quote>\n has been designed or specifically modified\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"HDC4F1B47385B4AF6A3432E6520E5624D\">\n <enum>\n (c)\n </enum>\n <header>\n Presidential determination and imposition of additional sanctions\n </header>\n <text display-inline=\"yes-display-inline\">\n Such section, as so amended, is further amended by adding at the end the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HC8CB9BF3E4E647BD8BB4C0B03314CB93\" style=\"OLC\">\n <subsection id=\"HCFE1FBF52C1C4BFCB93D88289A80A616\">\n <enum>\n (e)\n </enum>\n <header>\n Presidential determination and imposition of additional sanctions\n </header>\n <text display-inline=\"yes-display-inline\">\n The President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/172\">\n Public Law 104–172\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701\n </external-xref>\n note) with respect to—\n </text>\n <paragraph id=\"H605EA233ADBD4E0DBE82109B3A4BE1BE\">\n <enum>\n (1)\n </enum>\n <text>\n a person if the President determines that the person knowingly exports sensitive technology to Iran; or\n </text>\n </paragraph>\n <paragraph id=\"H4DBB4D36DA8C4457852B45B66A49A30B\">\n <enum>\n (2)\n </enum>\n <text>\n a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1).\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H5CB279416F5B402EA1C2A33BF5346890\">\n <enum>\n (d)\n </enum>\n <header>\n Conforming amendment\n </header>\n <text>\n The heading of such section is amended by inserting\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n and imposition of sanctions against\n </header-in-text>\n </quote>\n after\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n with\n </header-in-text>\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H3895ED673DCC49BA9F568692EAA7FB7F\">\n <enum>\n (e)\n </enum>\n <header>\n Clerical amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The table of contents for the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended by striking the item relating to section 106 and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HDD2D3C1FB62240CBA52DC3B76C14D1A2\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 106. Prohibition on procurement contracts with and imposition of sanctions against persons that export sensitive technology to Iran.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H6EE022EBE38846E09DBD969A456BF00E\">\n <enum>\n (f)\n </enum>\n <header>\n Effective date\n </header>\n <text>\n The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to exports of sensitive technology to Iran that occur on or after such date of enactment.\n </text>\n </subsection>\n </section>\n <section id=\"HB215729A9A7E4591BBC2C401C5F02196\">\n <enum>\n 212.\n </enum>\n <header>\n Authority of State and local governments to avoid exposure to sanctioned persons and sectors\n </header>\n <subsection id=\"HC54C3275626C4500AD67494F5B409978\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text>\n Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8532\">\n 22 U.S.C. 8532\n </external-xref>\n ) is amended by striking subsections (a), (b), and (c) and inserting the following:\n </text>\n <quoted-block id=\"HBDA2137E69F44075BAD224FDE5BF37E1\" style=\"OLC\">\n <subsection id=\"HEE36CD3330E94CDB91E534EFB17C4005\">\n <enum>\n (a)\n </enum>\n <header>\n Sense of congress\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the sense of Congress that the United States should respect the decision of any State or local government to divest from or prohibit the investment of assets of the State or local government in a person described in subsection (c) or to impose disclosure and transparency requirements on any person subject to the jurisdiction of such government, except with respect to an activity that is exempt, licensed, or otherwise authorized by a Federal department or agency.\n </text>\n </subsection>\n <subsection id=\"H94B50FEA3C3D4EE18587519DB6212183\">\n <enum>\n (b)\n </enum>\n <header>\n Authority\n </header>\n <text>\n Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d)—\n </text>\n <paragraph id=\"HC49B7BFD450F417DAC584CD2FD45A9C3\">\n <enum>\n (1)\n </enum>\n <text>\n to divest the assets of the State or local government from a person described in subsection (c);\n </text>\n </paragraph>\n <paragraph id=\"H2F982597DC9B4DA8A091D4CB0284D6AF\">\n <enum>\n (2)\n </enum>\n <text>\n to prohibit investment of the assets of the State or local government in any such person; or\n </text>\n </paragraph>\n <paragraph id=\"H898B49A902294E438CDC25AA4AD843E7\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to impose disclosure and transparency requirements on any person subject to the jurisdiction of such government, except with respect to an activity that is exempt, licensed, or otherwise authorized by a Federal department or agency.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H380154CA5D5D4605A7C3E162BC85E4CA\">\n <enum>\n (c)\n </enum>\n <header>\n Persons described\n </header>\n <text>\n A person described in this subsection is a person with respect to which sanctions have been, and continue to be, imposed pursuant to—\n </text>\n <paragraph id=\"H4DCCE4E86B23405EB9AEBEFF0D037D49\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n section 104(c) of this Act;\n </text>\n </paragraph>\n <paragraph id=\"H55976433E5584217A1AD315EF8E638EE\">\n <enum>\n (2)\n </enum>\n <text>\n section 5 of the Iran Sanctions Act of 1996 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701\n </external-xref>\n note);\n </text>\n </paragraph>\n <paragraph id=\"H7C1E595856D34D7B9A591C1F5F77BA7D\">\n <enum>\n (3)\n </enum>\n <text>\n section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513a\">\n 22 U.S.C. 8513a(d)\n </external-xref>\n ); or\n </text>\n </paragraph>\n <paragraph id=\"H8CD966774B07457C8E793A5FBCFBD6D8\">\n <enum>\n (4)\n </enum>\n <text>\n sections 1244, 1245, 1246 or 1247 of the National Defense Authorization Act for Fiscal Year 2013 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8803\">\n 22 U.S.C. 8803\n </external-xref>\n , 8804, 8805, or 8806).\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H58149A70A21445B1AA64D63530E996FD\">\n <enum>\n (b)\n </enum>\n <header>\n Conforming amendments\n </header>\n <text>\n Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8532\">\n 22 U.S.C. 8532\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H79C1883757B749BFA6C35A50EFF8DFED\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (d)(4), by striking\n <quote>\n engages in investment activities in Iran described in subsection (c)\n </quote>\n and inserting\n <quote>\n is a person described in subsection (c)\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H328EDAB860534E9DA151E0350F6432A5\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (f), by striking\n <quote>\n or (i)\n </quote>\n and inserting\n <quote>\n or (g)\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"H7891C07F53394B1C90A846C9DC334325\">\n <enum>\n (3)\n </enum>\n <text>\n by striking subsection (h) and by redesignating subsections (i) and (j) as subsections (h) and (i), respectively; and\n </text>\n </paragraph>\n <paragraph id=\"HFDB83A06ADEE4AE19FB2FF9B1B61497F\">\n <enum>\n (4)\n </enum>\n <text>\n in paragraph (1) of subsection (i) (as redesignated by paragraph (3) of this subsection), by striking\n <quote>\n (determined without regard to subsection (c))\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HE8B0D3AE9EB249CB8E0F8A29D16A298F\">\n <enum>\n (c)\n </enum>\n <header>\n Effective date\n </header>\n <text>\n The amendments made by this section apply to measures adopted by State and local governments on or after the date of the enactment of this Act.\n </text>\n </subsection>\n </section>\n <section id=\"H3C97287A16AE431FAB9614FA7A1A44F4\">\n <enum>\n 213.\n </enum>\n <header>\n Sense of Congress regarding the European Central Bank\n </header>\n <subsection id=\"H4EADD0914559482BBD94FC438DA0B305\">\n <enum>\n (a)\n </enum>\n <header>\n Findings\n </header>\n <text display-inline=\"yes-display-inline\">\n Congress finds the following:\n </text>\n <paragraph id=\"H4A4B0DB40CFF4FBF8B5CAA0E512DA6BA\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n The Government of Iran, its agencies and instrumentalities, continue to have access to, and utilize, euro-denominated transactions, including for goods and services that are subject to sanctions imposed by the United States, the European Union and its member states and by the United Nations.\n </text>\n </paragraph>\n <paragraph id=\"HFE61AA11047A4D52AEFEA3ADBC653A69\">\n <enum>\n (2)\n </enum>\n <text>\n The Guidelines of the European Central Bank (Article 39(1)) states that:\n <quote>\n Participants shall be deemed to be aware of, and shall comply with, all obligations on them relating to legislation on data protection, prevention of money laundering and the financing of terrorism, proliferation-sensitive nuclear activities and the development of nuclear weapons delivery systems, in particular in terms of implementing appropriate measures concerning any payments debited or credited on their PM accounts.\n </quote>\n </text>\n </paragraph>\n <paragraph id=\"H94F9CA66FC0B428885D82B57A5BB2874\">\n <enum>\n (3)\n </enum>\n <text>\n United States and European convergence with respect to United States sanctions efforts toward the Government of Iran is a vital component of United States policy aimed at preventing the Government of Iran from acquiring a nuclear weapons capability.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HB3B8D8ECC4F0418B9F6448508E842BED\">\n <enum>\n (b)\n </enum>\n <header>\n Sense of Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the sense of Congress that the President should continue to closely coordinate and cooperate with the European Union and its member states to restrict access to and use of the euro currency by the Government of Iran, its agencies and instrumentalities, for transactions with the exception of food, medicine, medical devices, and agricultural commodities.\n </text>\n </subsection>\n </section>\n <section id=\"HD92F400D60374843A7B0627351C36442\">\n <enum>\n 214.\n </enum>\n <header>\n Imposition of sanctions with respect to certain transactions in foreign currencies\n </header>\n <subsection id=\"H691051621ECC4974A8858BFA0A5FAF01\">\n <enum>\n (a)\n </enum>\n <header>\n Imposition of sanctions\n </header>\n <text>\n Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8721\">\n 22 U.S.C. 8721 et seq.\n </external-xref>\n ) is amended by inserting after section 220 the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H25DE2A44EE6E47CE8F6E31ABC71C9FAB\" style=\"OLC\">\n <section id=\"HEB51418BD5904369842F5B7E70A0E53F\">\n <enum>\n 220A.\n </enum>\n <header>\n Imposition of sanctions with respect to certain transactions in foreign currencies\n </header>\n <subsection id=\"HC6B3E8F4E3E44381B1264F329679B9AD\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text>\n Except as provided in this section, the President—\n </text>\n <paragraph id=\"H69C490E3F2F1420282E9275278F23A73\">\n <enum>\n (1)\n </enum>\n <text>\n shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that is a person described in subsection (c); and\n </text>\n </paragraph>\n <paragraph id=\"HC2D779369E174A8A8D3452F9017522A7\">\n <enum>\n (2)\n </enum>\n <text>\n may impose sanctions pursuant to the International Emergency Economic Powers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701 et seq.\n </external-xref>\n ) with respect to any other person described in subsection (c).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HF6FA8434A5534F5C9937B0C83D42D27D\">\n <enum>\n (b)\n </enum>\n <header>\n Exception\n </header>\n <text display-inline=\"yes-display-inline\">\n The authority to impose sanctions under subsection (a)(2) shall not include the authority to impose sanctions relating to the importation of goods.\n </text>\n </subsection>\n <subsection id=\"HC7240DB427B64E63B0415CA137FC74F2\">\n <enum>\n (c)\n </enum>\n <header>\n Person described\n </header>\n <text>\n A person described in this subsection is a person the President determines has—\n </text>\n <paragraph id=\"HEE30BF08672A4ADB94FB837CC8A146BF\">\n <enum>\n (1)\n </enum>\n <text>\n knowingly conducted or facilitated a significant transaction involving the currency of a country other than the country in which the person is operating at the time of the transaction with, for, or on behalf of—\n </text>\n <subparagraph id=\"H4AA05438AD394000BBA40C4E53BE771C\">\n <enum>\n (A)\n </enum>\n <text>\n the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701 et seq.\n </external-xref>\n ); or\n </text>\n </subparagraph>\n <subparagraph id=\"H5E9D2C7941604BDB86778A758E7B1B29\">\n <enum>\n (B)\n </enum>\n <text>\n a person described in section 1244(c)(2) of the Iran Freedom and Counter-Proliferation Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8803\">\n 22 U.S.C. 8803(c)(2)\n </external-xref>\n ) (other than a person described in subparagraph (C)(iii) of that section); or\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HDFAAD93F6C944D64BBC8CF175BDD0D28\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n knowingly conducted or facilitated a significant transaction by another person involving the currency of a country other than the country in which that other person is operating at the time of the transaction, with, for, or on behalf of a person described in subparagraph (A) or (B) of paragraph (1).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H9FEA7E1E471048B0BA553E53611DCD93\">\n <enum>\n (d)\n </enum>\n <header>\n Waiver\n </header>\n <paragraph id=\"HCCBF8101B80843B18FC9483E570668B9\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n The President may waive the application of subsection (a) with respect to a person for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, if the President—\n </text>\n <subparagraph id=\"HFA805073C74549F493A19CCD3E0E595F\">\n <enum>\n (A)\n </enum>\n <text>\n determines that the waiver is vital to the national security of the United States; and\n </text>\n </subparagraph>\n <subparagraph id=\"HFB4F0849A0A04A0DA567DC94A28CC1F0\">\n <enum>\n (B)\n </enum>\n <text>\n not less than 7 days before the waiver or the renewal of the waiver, as the case may be, takes effect, submits a report to the appropriate congressional committees on the waiver and the reason for the waiver.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph commented=\"no\" display-inline=\"no-display-inline\" id=\"HED4E103182434947831E828105CECF93\">\n <enum>\n (2)\n </enum>\n <header>\n Form of report\n </header>\n <text>\n Each report submitted under paragraph (1)(B) shall be submitted in unclassified form but may include a classified annex.\n </text>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" display-inline=\"no-display-inline\" id=\"H4DEF3B3CFC3E4385A2345646C1ED4504\">\n <enum>\n (e)\n </enum>\n <header>\n Rule of construction\n </header>\n <text>\n Nothing in this section shall be construed to prohibit any person from, or authorize or require the imposition of sanctions with respect to any person for, conducting or facilitating any transaction in the currency of the country in which the person is operating at the time of the transaction for the sale of agricultural commodities, food, medicine, or medical devices.\n </text>\n </subsection>\n <subsection commented=\"no\" id=\"H0E58ED1B4BE94747B4E9AE116D187BD7\">\n <enum>\n (f)\n </enum>\n <header>\n Definitions\n </header>\n <text>\n In this section:\n </text>\n <paragraph commented=\"no\" id=\"H4A5B93EA31214F8C9D7444C0E758B9A2\">\n <enum>\n (1)\n </enum>\n <header>\n Account; correspondent account; payable-through account\n </header>\n <text>\n The terms\n <term>\n account\n </term>\n ,\n <term>\n correspondent account\n </term>\n , and\n <term>\n payable-through account\n </term>\n have the meanings given those terms in\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/31/5318A\">\n section 5318A\n </external-xref>\n of title 31, United States Code.\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HFCB0DDB4A6364518863927D000628A67\">\n <enum>\n (2)\n </enum>\n <header>\n Agricultural commodity\n </header>\n <text>\n The term\n <term>\n agricultural commodity\n </term>\n has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/7/5602\">\n 7 U.S.C. 5602\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HABD760216749470FB5B977A47C31EE0B\">\n <enum>\n (3)\n </enum>\n <header>\n Foreign financial institution\n </header>\n <text>\n The term\n <term>\n foreign financial institution\n </term>\n has the meaning given that term in\n <external-xref legal-doc=\"regulation\" parsable-cite=\"cfr/31/561.308\">\n section 561.308\n </external-xref>\n of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).\n </text>\n </paragraph>\n <paragraph id=\"HB78C4066EFE244EFA22BD585C1222E70\">\n <enum>\n (4)\n </enum>\n <header>\n Good\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <quote>\n good\n </quote>\n has the meaning given that term in section 16 of the Export Administration Act of 1979 (\n <external-xref legal-doc=\"usc-appendix\" parsable-cite=\"usc-appendix/50/2415\">\n 50 U.S.C. App. 2415\n </external-xref>\n ) (as continued in effect pursuant to the International Emergency Economic Powers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701 et seq.\n </external-xref>\n )).\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HBE81E0642A7D4999B627431395808C52\">\n <enum>\n (5)\n </enum>\n <header>\n Iranian financial institution\n </header>\n <text>\n The term\n <term>\n Iranian financial institution\n </term>\n has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513b\">\n 22 U.S.C. 8513b(d)\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HF22D3B336BE54623A99B54574591B3F6\">\n <enum>\n (6)\n </enum>\n <header>\n Medical device\n </header>\n <text>\n The term\n <term>\n medical device\n </term>\n has the meaning given the term\n <term>\n device\n </term>\n in section 201 of the Federal Food, Drug, and Cosmetic Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/21/321\">\n 21 U.S.C. 321\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HC150400B4ABB4EC4A630C5D526BE23DF\">\n <enum>\n (7)\n </enum>\n <header>\n Medicine\n </header>\n <text>\n The term\n <term>\n medicine\n </term>\n has the meaning given the term\n <term>\n drug\n </term>\n in section 201 of the Federal Food, Drug, and Cosmetic Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/21/321\">\n 21 U.S.C. 321\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HF697B1B836A04A969DC4AA11B5FB0B74\">\n <enum>\n (8)\n </enum>\n <header>\n Transaction\n </header>\n <text>\n The term\n <term>\n transaction\n </term>\n includes a foreign exchange swap, a foreign exchange forward, and any other type of similar currency exchange or conversion or similar derivative instrument.\n </text>\n </paragraph>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HA7C00D550707469DA2415D004FE57BBC\">\n <enum>\n (b)\n </enum>\n <header>\n Conforming amendments\n </header>\n <paragraph commented=\"no\" id=\"H581D9A5687E04C108306377A96EA5D9E\">\n <enum>\n (1)\n </enum>\n <header>\n Implementation\n </header>\n <text>\n Section 601(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8781\">\n 22 U.S.C. 8781(a)(1)\n </external-xref>\n ) is amended by inserting\n <quote>\n 220A,\n </quote>\n after\n <quote>\n 220,\n </quote>\n .\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"H7B16AF35E43A4C7B828407B254C266ED\">\n <enum>\n (2)\n </enum>\n <header>\n Penalties\n </header>\n <text>\n Section 601(b)(2)(A) of such Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8781\">\n 22 U.S.C. 8781(b)(2)(A)\n </external-xref>\n ) is amended by striking\n <quote>\n and 220,\n </quote>\n and inserting\n <quote>\n 220, and 220A,\n </quote>\n .\n </text>\n </paragraph>\n <paragraph id=\"H50B4B3CC973B4F089DE4B3CA9493CC65\">\n <enum>\n (3)\n </enum>\n <header>\n Termination\n </header>\n <text>\n Section 605(a) of such Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8785\">\n 22 U.S.C. 8785(a)\n </external-xref>\n ) is amended by inserting\n <quote>\n 220A,\n </quote>\n after\n <quote>\n 220,\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H37364E8C3563464195F98B2E04CFECE0\">\n <enum>\n (c)\n </enum>\n <header>\n Clerical amendment\n </header>\n <text>\n The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 220 the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H4F0337519AC34BE193C6DB4C1E937BD2\" style=\"OLC\">\n <toc>\n <toc-entry bold=\"off\" level=\"section\">\n Sec. 220A. Imposition of sanctions with respect to certain transactions in foreign currencies.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H03A5E6872ECA4A6A8BBD10192C7E3DCC\">\n <enum>\n (d)\n </enum>\n <header>\n Effective date\n </header>\n <text>\n The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after May 22, 2013.\n </text>\n </subsection>\n </section>\n <section id=\"H7DBA63EC0E78471A9824F163FBE7870C\">\n <enum>\n 215.\n </enum>\n <header>\n Sanctions with respect to certain transactions with Iran\n </header>\n <subsection id=\"H9E1EC06BB37941D281A5E65AA89E00C4\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8721\">\n 22 U.S.C. 8721 et seq.\n </external-xref>\n ) is amended by adding at the end the following new section:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H5ED773A1EB0744F384548D0B53F398A6\" style=\"OLC\">\n <section id=\"H3D553EC6AB81470A8FD274BA0D440CEB\">\n <enum>\n 225.\n </enum>\n <header>\n Sanctions with respect to certain transactions with Iran\n </header>\n <subsection id=\"H29AE4FC752FB4012AB11484417A723EB\">\n <enum>\n (a)\n </enum>\n <header>\n Authorization of sanctions\n </header>\n <paragraph id=\"HE48E0F48C4D441D3908B25F85D5BC403\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Except as provided in this section, the President may impose sanctions pursuant to the International Emergency Economic Powers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701 et seq.\n </external-xref>\n ) on a foreign person that the President determines has, on or after the date that is 60 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly conducted or facilitated a significant financial transaction with the Central Bank of Iran or other Iranian financial institution that has been designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act, for—\n </text>\n <subparagraph id=\"HA83C7BE3DFE14D46911D35377F3D685C\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the purchase of goods or services by a person in Iran or on behalf of a person in Iran; or\n </text>\n </subparagraph>\n <subparagraph id=\"H5B376FCF637B4F5EA50A410FC2179B0C\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the purchase of goods or services from a person in Iran or on behalf of a person in Iran.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HF0C4AA14188A40D399CF0A435DC2B89C\">\n <enum>\n (2)\n </enum>\n <header>\n Exception\n </header>\n <subparagraph id=\"HB718D49E759349EBBFA4C96551FB7481\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text>\n The authority to impose sanctions under paragraph (1) shall not include the authority to impose sanctions relating to the importation of goods.\n </text>\n </subparagraph>\n <subparagraph id=\"H636124A72C214D42ABF25BA86BEC4676\">\n <enum>\n (B)\n </enum>\n <header>\n Good\n </header>\n <text>\n In this paragraph, the term\n <quote>\n good\n </quote>\n has the meaning given that term in section 16 of the Export Administration Act of 1979 (\n <external-xref legal-doc=\"usc-appendix\" parsable-cite=\"usc-appendix/50/2415\">\n 50 U.S.C. App. 2415\n </external-xref>\n ) (as continued in effect pursuant to the International Emergency Economic Powers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701 et seq.\n </external-xref>\n )).\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HE88DA8E98755452B839F12290E496918\">\n <enum>\n (3)\n </enum>\n <header>\n Rule of construction\n </header>\n <text display-inline=\"yes-display-inline\">\n Nothing in this section shall be construed to affect the imposition of sanctions with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran under section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/81\">\n Public Law 112–81\n </external-xref>\n ; 125 Stat. 1648).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HD79F8E73146644C6B5D463E23AF0D07D\">\n <enum>\n (b)\n </enum>\n <header>\n Exception for overall reductions of exports to and imports from Iran\n </header>\n <paragraph id=\"HCEB663EA847947AFB3ECFA230341FD0E\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n The President is authorized not to impose sanctions under subsection (a) on a foreign person if the President determines and submits to the appropriate congressional committees a report that contains a determination of the President that the country with primary jurisdiction over the foreign person has, during the time period described in paragraph (2), significantly reduced the value and volume of imports and exports of goods (other than petroleum or petroleum products) and services between such country and Iran.\n </text>\n </paragraph>\n <paragraph id=\"HBEA34B1B93EC41FD809C6FD4F6324580\">\n <enum>\n (2)\n </enum>\n <header>\n Time period described\n </header>\n <text display-inline=\"yes-display-inline\">\n The time period referred to in paragraph (1) is the 60-day period ending on the date on which the President makes the determination under paragraph (1) as compared to the immediately preceding 60-day period.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HB8305D9F95D34DFA910FC814717E9E64\">\n <enum>\n (c)\n </enum>\n <header>\n Exception for sales of agricultural commodities, food, medicine and medical devices\n </header>\n <text>\n The President may not impose sanctions under subsection (a) on a foreign person with respect to a transaction for the sale of agricultural commodities, food, medicine or medical devices to Iran.\n </text>\n </subsection>\n <subsection commented=\"no\" id=\"H470A4FC2DAEC40539ED3AE072E5C3CE6\">\n <enum>\n (d)\n </enum>\n <header>\n Definitions\n </header>\n <text display-inline=\"yes-display-inline\">\n In this section:\n </text>\n <paragraph commented=\"no\" id=\"H33D3C9B3CDDE443197CA13D6F850C961\">\n <enum>\n (1)\n </enum>\n <header>\n Foreign person\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n foreign person\n </term>\n has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/172\">\n Public Law 104–172\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701\n </external-xref>\n note).\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HB4E5533888494C599159F8856B3C0479\">\n <enum>\n (2)\n </enum>\n <header>\n Iranian financial institution\n </header>\n <text>\n The term\n <term>\n Iranian financial institution\n </term>\n has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513b\">\n 22 U.S.C. 8513b(d)\n </external-xref>\n ).\n </text>\n </paragraph>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H6554586317374BF5B6350B9C5CD639D0\">\n <enum>\n (b)\n </enum>\n <header>\n Clerical amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 224 the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H64AC5015645341CFB70FF3D5CE72F45C\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 225. Sanctions with respect to certain transactions with Iran.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n </section>\n </subtitle>\n <subtitle id=\"H474864DBD09643E18DAB77083B992D78\">\n <enum>\n C\n </enum>\n <header>\n Other matters\n </header>\n <section id=\"HC0C36C186FF94B37BFE2EAA1AC99DC6F\">\n <enum>\n 221.\n </enum>\n <header>\n Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions\n </header>\n <subsection commented=\"no\" id=\"H2C572A32791E46B2A070D6A03436B2CB\">\n <enum>\n (a)\n </enum>\n <header>\n Exception to applicability of sanctions with respect to petroleum transactions\n </header>\n <text>\n Section 1245(d)(4)(D)(i)(I) of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/81\">\n Public Law 112–81\n </external-xref>\n ; 125 Stat. 1648;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513a\">\n 22 U.S.C. 8513a(d)(4)(D)(i)(I)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H00629F50A0CB4493B06A3DAF5AC59D7F\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n reduced reduced\n </quote>\n and inserting\n <quote>\n reduced\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HE66C577E8311445BB219E4BE21E7D2D2\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting\n <quote>\n value and\n </quote>\n before\n <quote>\n volume\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H050852FD0251403EB6669E6E7D9D3E58\">\n <enum>\n (3)\n </enum>\n <text>\n by inserting\n <quote>\n or of Iranian origin\n </quote>\n after\n <quote>\n from Iran\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H06BAFCA641B648A0957728A8D24B1861\">\n <enum>\n (4)\n </enum>\n <text>\n by adding at the end before the semicolon the following:\n <quote>\n , and the President certifies in writing to Congress that the President has based such determination on accurate information on that country’s total purchases of crude oil from Iran or of Iranian origin\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H2D78D68EFF024AB7B0C155807422E144\">\n <enum>\n (b)\n </enum>\n <header>\n Financial transactions described\n </header>\n <text>\n Section 1245(d)(4)(D)(ii)(II) of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/81\">\n Public Law 112–81\n </external-xref>\n ; 125 Stat. 1648) is amended—\n </text>\n <paragraph id=\"HC91C745FC6034833991B9CB3BD993AF4\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n (II)\n </quote>\n and inserting\n <quote>\n (II)(aa)\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HAF1D9C44D4FE4771BB68B4848D3BF3D9\">\n <enum>\n (2)\n </enum>\n <text>\n in item (aa) (as designated by paragraph (1) of this subsection), by striking the period at the end and inserting\n <quote>\n ; and\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HEBAC5F1C50CD49AEBD4860952CDA37EA\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the end the following new item:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H4B8885DC955B4D6D8B223FBFC57996F7\" style=\"OLC\">\n <item id=\"H809D66AB18E647D69D93B0030C8B258E\" indent=\"up1\">\n <enum>\n (bb)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the foreign financial institution holding the account described in item (aa) does not knowingly facilitate any significant financial transfers for, with, or on behalf of the Government of Iran, unless the transaction is excepted from sanctions under paragraph (2) or is a transaction described in subclause (I) and item (aa).\n </text>\n </item>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" id=\"H3B3B3D42762C455E8AF8D2B2E22CD6BC\">\n <enum>\n (c)\n </enum>\n <header>\n Strategy to reduce crude oil purchases from Iran or of Iranian origin\n </header>\n <paragraph id=\"HF3C4750ED5C54AC7BE13FB9F90269E62\">\n <enum>\n (1)\n </enum>\n <header>\n Statement of policy\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the policy of the United States to seek to ensure that countries that have received an exception under subparagraph (D)(i)(I) of section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/81\">\n Public Law 112–81\n </external-xref>\n ; 125 Stat. 1648) shall reduce their crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subparagraph (E)(ii) of such section (as added by paragraph (2) of this subsection).\n </text>\n </paragraph>\n <paragraph id=\"H92468E9D1FF34888A8C8B7AB9B30FE18\">\n <enum>\n (2)\n </enum>\n <header>\n Amendment\n </header>\n <text>\n Section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/81\">\n Public Law 112–81\n </external-xref>\n ; 125 Stat. 1648) is amended by adding at the end the following new subparagraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H859BE2086EFE43EBB8759910711A7507\" style=\"OLC\">\n <subparagraph id=\"H2CA7BE657FF24A6D856915949CB1D7EE\">\n <enum>\n (E)\n </enum>\n <header>\n Strategy to reduce crude oil purchases from Iran or of Iranian origin\n </header>\n <clause id=\"H1EA55B261FA142029B826835E4857C17\">\n <enum>\n (i)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 30 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, the President shall make a determination, based on the information contained in the most recent report required under subparagraph (A), of whether each country that received an exception under subparagraph (D)(i)(I) before such date of enactment is able to reduce its crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in clause (ii). If the President makes an initial determination under this clause that the requirements of this clause cannot be met, then the President shall continue to make a determination under this clause every 90 days thereafter as to whether or not the requirements of this clause can be met.\n </text>\n </clause>\n <clause id=\"HAAF081EEEE4C45C2A4B18F0F387D10A3\">\n <enum>\n (ii)\n </enum>\n <header>\n Strategy\n </header>\n <text display-inline=\"yes-display-inline\">\n If the President determines that the requirements of clause (i) can be met, then not later than 60 days after the date of such affirmative determination, the President shall develop and submit to the appropriate congressional committees a strategy to seek to ensure that the requirements of clause (i) are met by the end of the 1-year period beginning on such date of submission.\n </text>\n </clause>\n <clause id=\"H1F6F3E19A25F4075BC82903D60A71415\">\n <enum>\n (iii)\n </enum>\n <header>\n Future exceptions\n </header>\n <subclause id=\"H75C07FE42B45467DB850CBF2DD09928C\">\n <enum>\n (I)\n </enum>\n <header>\n Affirmative determination\n </header>\n <text display-inline=\"yes-display-inline\">\n If the President determines that the strategy described in clause (ii) was achieved, then each country described in clause (i) shall be eligible to receive one or more further exceptions under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph.\n </text>\n </subclause>\n <subclause id=\"HAEE5682F921B455E83F81CF3B76286C0\">\n <enum>\n (II)\n </enum>\n <header>\n Negative determination\n </header>\n <text display-inline=\"yes-display-inline\">\n Except as provided in subclause (III), if the President determines that the strategy described in clause (ii) was not achieved, then each country described in clause (i) shall be ineligible to receive any further exception under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph.\n </text>\n </subclause>\n <subclause id=\"H6118D16E8CE34E949663708E8A12B2E4\">\n <enum>\n (III)\n </enum>\n <header>\n Exception\n </header>\n <item id=\"H371CADD82AE9459497FD0D57EEC73DCC\">\n <enum>\n (aa)\n </enum>\n <header>\n In general\n </header>\n <text>\n Subclause (II) shall not apply with respect to a country described in clause (i) if the country—\n </text>\n <subitem id=\"H70C65C472DD0413E92764C27ADF191CA\">\n <enum>\n (AA)\n </enum>\n <text>\n dramatically reduced its crude oil purchases from Iran or of Iranian origin during the 1-year period described in clause (ii); and\n </text>\n </subitem>\n <subitem id=\"H485F7C73AA4B40B5BD02F8FE98D2B21D\">\n <enum>\n (BB)\n </enum>\n <text display-inline=\"yes-display-inline\">\n has committed itself to continue to reduce its crude oil purchases from Iran or of Iranian origin to a de minimis level.\n </text>\n </subitem>\n </item>\n <item id=\"H95EC3FB8C9BA4D19B6CCEA5EF1AE9690\">\n <enum>\n (bb)\n </enum>\n <header>\n Data\n </header>\n <text>\n The President shall submit to the appropriate congressional committees all data used to make a determination under item (aa) not later than 15 days before issuing an exception under item (aa).\n </text>\n </item>\n </subclause>\n </clause>\n <clause id=\"HF31924A45AAA433290132BD318ED2E04\">\n <enum>\n (iv)\n </enum>\n <header>\n Appropriate congressional committees\n </header>\n <text>\n In this subparagraph, the term\n <term>\n appropriate congressional committees\n </term>\n means—\n </text>\n <subclause id=\"H4629E3546F0A4297AF7C0C05B14A1585\">\n <enum>\n (I)\n </enum>\n <text>\n the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and\n </text>\n </subclause>\n <subclause id=\"H79BE2C020E284C28A7806EB7E7C97D6F\">\n <enum>\n (II)\n </enum>\n <text>\n the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.\n </text>\n </subclause>\n </clause>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H36AE983C647F40E1B605AB70F853B06D\">\n <enum>\n (d)\n </enum>\n <header>\n Definition of crude oil\n </header>\n <text>\n Section 1245(d)(4)(D) of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513a\">\n 22 U.S.C. 8513a(d)(4)(D)\n </external-xref>\n ) is amended by adding at the end the following new clause:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H21EF3865FC2F438FAD54B4BCC0D98E1A\" style=\"OLC\">\n <clause id=\"H93E57BCE7DED48158E3B2DD64A261AF4\">\n <enum>\n (iii)\n </enum>\n <header>\n Crude oil\n </header>\n <text display-inline=\"yes-display-inline\">\n In this subparagraph, the term\n <quote>\n crude oil\n </quote>\n includes unfinished oils, liquefied petroleum gases, distillate fuel oil, and residual fuel oil.\n </text>\n </clause>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HF0B99B3587804318916DA7EB1DC80955\">\n <enum>\n (e)\n </enum>\n <header>\n Waiver\n </header>\n <text>\n Section 1245(d)(5)(A) of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513a\">\n 22 U.S.C. 8513a(d)(5)(A)\n </external-xref>\n ) is amended by striking\n <quote>\n in the national\n </quote>\n and inserting\n <quote>\n vital to the national\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H5D7E927E0965450DA626D0EA1262127F\">\n <enum>\n (f)\n </enum>\n <header>\n Definitions of\n <quote>\n significant reduction\n </quote>\n </header>\n <text>\n Section 1245(h)(3) of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513a\">\n 22 U.S.C. 8513a(h)(3)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H1F5DAE62B291438385C9D5B0C75E1DE1\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n price or volume\n </quote>\n and inserting\n <quote>\n price and volume\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H0DA8BF01A2B4455E9F26852BFFD4272F\">\n <enum>\n (2)\n </enum>\n <text>\n by adding at the end before the period the following:\n <quote>\n and at least a pro rata amount totaling, in the aggregate, not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subsection (d)(4)(E)(ii)\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H84B8D780005F43AFAAEB195277304940\">\n <enum>\n (g)\n </enum>\n <header>\n Effective date\n </header>\n <text display-inline=\"yes-display-inline\">\n The amendments made by this section take effect beginning on the date that is 180 days after the date of the enactment of this Act.\n </text>\n </subsection>\n </section>\n <section id=\"HADA54B6800EE4F2EAAF18F166277F76D\">\n <enum>\n 222.\n </enum>\n <header>\n Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran\n </header>\n <subsection id=\"H4EFFDFE65BC645ABABAAEA405108B32E\">\n <enum>\n (a)\n </enum>\n <header>\n Findings\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection (a)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8803\">\n 22 U.S.C. 8803\n </external-xref>\n ) is amended by striking\n <quote>\n and shipbuilding\n </quote>\n and inserting\n <quote>\n shipbuilding, automotive, construction, engineering, or mining\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H3D1DA418D44B475EBD498F650F9B0360\">\n <enum>\n (b)\n </enum>\n <header>\n Designation of ports, special economic zones, free economic zones, and entities in strategic sectors as entities of proliferation concern\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection (b) of such section is amended—\n </text>\n <paragraph id=\"HF233F63571C046619AE74C2DA7640665\">\n <enum>\n (1)\n </enum>\n <text>\n in the subsection heading, by striking\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n and entities in the energy, shipping, and shipbuilding sectors\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n , special economic zones, free economic zones, and entities in strategic sectors\n </header-in-text>\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H5ABF3634F12344378A76E96A8B533FCA\">\n <enum>\n (2)\n </enum>\n <text>\n by striking\n <quote>\n and entities in the energy, shipping, and shipbuilding sectors\n </quote>\n and inserting\n <quote>\n , entities that operate special economic zones or free economic zones, and entities in strategic sectors (as defined in subsection (c)(4))\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HA9BA8DAB0B0443638D8EAFEA13C64F7C\">\n <enum>\n (c)\n </enum>\n <header>\n Blocking of property of ports, special economic zones, free economic zones, and entities in strategic sectors\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection (c) of such section is amended—\n </text>\n <paragraph id=\"HF891CDA63618409393387771245A9CA2\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in the subsection heading, by striking\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n entities in energy, shipping, and shipbuilding sectors\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n ports, special economic zones, free economic zones, and entities in strategic sectors\n </header-in-text>\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H7DBE955CFFD54737A624C484A7F2AA8F\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (2)—\n </text>\n <subparagraph id=\"H584B67AA1D664D54977D87077FE6D125\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n the energy, shipping, or shipbuilding sectors\n </quote>\n each place it appears and inserting\n <quote>\n a strategic sector (as defined in paragraph (4)(A))\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H824ACDF5B32C48BE8373A9C19B386C7E\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by inserting\n <quote>\n , special economic zone, or free economic zone\n </quote>\n after\n <quote>\n port\n </quote>\n each place it appears; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H3113BF9BAAAC48F2AAA82D0626CE132E\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the end the following new paragraphs:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H4E0831FA2D1B4140B9E76A77D348CEDD\" style=\"OLC\">\n <paragraph id=\"HBA5408358EC84529A1B9DAEA1E3411B4\">\n <enum>\n (4)\n </enum>\n <header>\n Strategic sector defined\n </header>\n <text>\n In this section, the term\n <quote>\n strategic sector\n </quote>\n means—\n </text>\n <subparagraph id=\"H994D2283B32542F2B18BE627A42803F4\">\n <enum>\n (A)\n </enum>\n <text>\n the energy, shipping, shipbuilding, automotive, or mining sector of Iran; and\n </text>\n </subparagraph>\n <subparagraph id=\"H823142C72C494741BF1DD337AD90B6C2\">\n <enum>\n (B)\n </enum>\n <text>\n the construction or engineering sector of Iran if the President determines and reports to Congress not later than 45 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013 that the construction or engineering sector of Iran, as the case may be, is of strategic importance to Iran.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H8B8E411726B244FABF06FBB7E2A98132\">\n <enum>\n (5)\n </enum>\n <header>\n Notification and report relating to strategic sectors\n </header>\n <subparagraph id=\"HAC589ED612514462999EE76894980171\">\n <enum>\n (A)\n </enum>\n <header>\n Notification\n </header>\n <text display-inline=\"yes-display-inline\">\n The President shall submit to Congress a notification of the designation of a sector as a strategic sector of Iran for purposes of paragraph (4)(C) not later than 30 days after the date on which the President makes such designation.\n </text>\n </subparagraph>\n <subparagraph id=\"H1D03026F04D245138A6CBCAA39785101\">\n <enum>\n (B)\n </enum>\n <header>\n Report\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 90 days after the date on which the President submits to Congress a notification of the designation of a sector as a strategic sector of Iran under subparagraph (A), the Comptroller General of the United States shall submit to Congress a report that contains—\n </text>\n <clause id=\"H261B33B47649404385A355D0FB621134\">\n <enum>\n (i)\n </enum>\n <text>\n a review and comment on such designation; and\n </text>\n </clause>\n <clause id=\"H8C7220DFAECD4CF2AB8CF5DBCB6FF925\">\n <enum>\n (ii)\n </enum>\n <text>\n recommendations regarding the designation of additional sectors as strategic sectors of Iran for purposes of paragraph (4).\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H1E392F8208FE4589BC0B14FFEB399841\">\n <enum>\n (d)\n </enum>\n <header>\n Additional sanctions with respect to strategic sectors\n </header>\n <text>\n Subsection (d) of such section is amended—\n </text>\n <paragraph id=\"H401D11734A1D448CA01D6A0BAB6E4553\">\n <enum>\n (1)\n </enum>\n <text>\n in the subsection heading, by striking\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n the energy, shipping, and shipbuilding sectors\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n strategic sectors\n </header-in-text>\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HC00BBDE8253C4CF4949000F8821F4E1F\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (3), by striking\n <quote>\n the energy, shipping, or shipbuilding sectors\n </quote>\n and inserting\n <quote>\n a strategic sector (as defined in subsection (c)(4)(A))\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HEEB25DD1487B4C1A8E55AAE240624BC2\">\n <enum>\n (e)\n </enum>\n <header>\n Exception for Afghanistan reconstruction\n </header>\n <text>\n Subsection (f) of such section is amended—\n </text>\n <paragraph id=\"H481085FCD9734DD5AE81B85C44A3296A\">\n <enum>\n (1)\n </enum>\n <text>\n in the matter preceding paragraph (1), by inserting\n <quote>\n for a period of not more than 1 year, and may renew that exception for additional periods of not more than 1 year\n </quote>\n after\n <quote>\n economic development for Afghanistan\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H79622E7EF07743CDB77DAF00EDE9D26C\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (1)—\n </text>\n <subparagraph id=\"H993207AAA09A416CA33D60E5EE0887BA\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n to the extent that\n </quote>\n and inserting\n <quote>\n if\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"HFD108FE1FBE94D6B8396DDF5EC980C83\">\n <enum>\n (B)\n </enum>\n <text>\n by inserting\n <quote>\n or the renewal of the exception, as the case may be,\n </quote>\n after\n <quote>\n such an exception\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HA0C5AF4FD51F4197A46E08895D17345B\">\n <enum>\n (C)\n </enum>\n <text>\n by striking\n <quote>\n in the national interest\n </quote>\n and inserting\n <quote>\n in the national security interest\n </quote>\n ; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H7843BB22A56E48B08CB0BBF9E5CC46EC\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in paragraph (2)—\n </text>\n <subparagraph id=\"H4BC91532DDFC40B4A00453D9EAD35134\">\n <enum>\n (A)\n </enum>\n <text>\n by inserting\n <quote>\n or the renewal of the exception, as the case may be,\n </quote>\n before\n <quote>\n not later than 15 days\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H6310886A17CB4864899A17E04374F635\">\n <enum>\n (B)\n </enum>\n <text>\n by inserting at the end before the period the following:\n <quote>\n or the renewal of the exception\n </quote>\n .\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H2A58D837CB204DE083DF9EDE37BDBA87\">\n <enum>\n (f)\n </enum>\n <header>\n Conforming amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n Such section is further amended in the section heading by striking\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n the energy, shipping, and shipbuilding sectors\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n ports, special economic zones, free economic zones, and strategic sectors\n </header-in-text>\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H4EE8265757CE4E3099622CF816BAB242\">\n <enum>\n (g)\n </enum>\n <header>\n Effective date\n </header>\n <text>\n The amendments made by this section—\n </text>\n <paragraph id=\"H94BBF3A5232E412E95E27E4FAD171488\">\n <enum>\n (1)\n </enum>\n <text>\n take effect on the date that is 90 days after the date of the enactment of this Act; and\n </text>\n </paragraph>\n <paragraph id=\"H35A0C0DE571944FE8DFB8159E80675B8\">\n <enum>\n (2)\n </enum>\n <subparagraph display-inline=\"yes-display-inline\" id=\"H036314F33B96498C92D450083101159A\">\n <enum>\n (A)\n </enum>\n <text>\n with respect to subsection (c) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, as so amended, apply with respect to all transactions in all property and interests in property of any person described in subsection (c)(2) of such section that occur on or after the date that is 180 days after such date of enactment; and\n </text>\n </subparagraph>\n <subparagraph id=\"H60CCC327D2E74E0AB3313BCD3C247025\" indent=\"up1\">\n <enum>\n (B)\n </enum>\n <clause display-inline=\"yes-display-inline\" id=\"H81174D35C2F74219986777CB780A1138\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n with respect to subsection (d)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment; and\n </text>\n </clause>\n <clause id=\"HC5E34ECD2AB249DCAFC2F4A00D5C5471\" indent=\"up1\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n with respect to subsection (d)(2) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the conduct or facilitation of a significant financial transaction for the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H18047893FDA74F7D8437302B46511870\">\n <enum>\n 223.\n </enum>\n <header>\n Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran\n </header>\n <text display-inline=\"no-display-inline\">\n Section 1245 of the National Defense Authorization Act for Fiscal Year 2013 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8804\">\n 22 U.S.C. 8804\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H3894BFB978624CC2AF1248055D6B2107\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating subsection (h) as subsection (i); and\n </text>\n </paragraph>\n <paragraph id=\"H5AC67E5D53BB4A93BCED470CE527D31E\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after subsection (g) the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H54CFAD2E8DCF49F3A7A5014C1A04A748\" style=\"OLC\">\n <subsection id=\"H173C0DACEC6A4D8C97421F511F73E319\">\n <enum>\n (h)\n </enum>\n <header>\n Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran\n </header>\n <paragraph id=\"H3FCB18BC669548DA8C64A4C68BB76E36\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n Not later than 90 days after the date of the enactment of Nuclear Iran Prevention Act of 2013, and every 90 days thereafter, the President shall submit to the appropriate congressional committees a report on each determination of the President during the preceding 90-day period not to impose sanctions under subsection (a) or (c) with respect to a person who allegedly sells, supplies, or transfers precious metals, directly or indirectly, to or from Iran, together with the reasons for such determination.\n </text>\n </paragraph>\n <paragraph id=\"HEFBCCE177FF744BCBF53837A209F4132\">\n <enum>\n (2)\n </enum>\n <header>\n Form\n </header>\n <text>\n The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H99F2684FB35D4A40B24DFD42A3C3CF68\">\n <enum>\n 224.\n </enum>\n <header>\n Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals\n </header>\n <text display-inline=\"no-display-inline\">\n Section 1247 of the National Defense Authorization Act for Fiscal Year 2013 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8806\">\n 22 U.S.C. 8806\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HF1EA67827EB04730A389B9618A8923D7\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating subsection (f) as subsection (g); and\n </text>\n </paragraph>\n <paragraph id=\"HE7E65C7DCD2D48599DF4C029B19A7E71\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after subsection (e) the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H4AD1157F3A814043BFDD59104C54C54B\" style=\"OLC\">\n <subsection id=\"H8C0B258ABA9C43598BD0B0C1734D4865\">\n <enum>\n (f)\n </enum>\n <header>\n Persons owned or controlled by specially designated nationals\n </header>\n <paragraph id=\"H7DAB6F97743A42DB98CB51149B4568DB\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n The President shall impose sanctions described in subsection (a) with respect to a foreign financial institution, including but not limited to a foreign central bank, that the President determines has, on or after the date that is 90 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly facilitated a significant financial transaction on behalf of any person determined by the President to be directly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)).\n </text>\n </paragraph>\n <paragraph id=\"H3D98E66448CA407D9849E6006F8ADA5A\">\n <enum>\n (2)\n </enum>\n <header>\n Sense of Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the sense of Congress that the President routinely should determine on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013 those persons that are directly or indirectly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)).\n </text>\n </paragraph>\n <paragraph id=\"H884C79852F06485090FB8DBC49651115\">\n <enum>\n (3)\n </enum>\n <header>\n Consideration of data from other countries and nongovernmental organizations\n </header>\n <text>\n The President shall consider credible data already obtained by other countries and nongovernmental organizations in making determinations described in paragraph (1).\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H5BE496F385BD44058443D51B108C8DE5\">\n <enum>\n 225.\n </enum>\n <header>\n Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013\n </header>\n <text display-inline=\"no-display-inline\">\n Subtitle D of title XII of the National Defense Authorization Act for Fiscal Year 2013 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8801\">\n 22 U.S.C. 8801 et seq.\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H113733E7BDF84D4894A8CBE028A5AE28\">\n <enum>\n (1)\n </enum>\n <text>\n in section 1244—\n </text>\n <subparagraph id=\"H3D9E8AAC37C94DEB9E603B39030D25CE\">\n <enum>\n (A)\n </enum>\n <text>\n in subsection (c)(1)—\n </text>\n <clause id=\"H862E0DBE07DE4D9E9353953809E1B36F\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking\n <quote>\n (1)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Blocking of property\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n On and after\n </quote>\n and inserting\n <quote>\n (1)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Blocking of property\n </header-in-text>\n .—On and after\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"H8CE9C3AC7BAC49CA815B86A940FB4A8C\">\n <enum>\n (ii)\n </enum>\n <text>\n by striking subparagraph (B); and\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HDC2BEE92BC22463084251A67140F93E6\">\n <enum>\n (B)\n </enum>\n <text>\n in subsection (d)(1)—\n </text>\n <clause id=\"HE75E3146D2554F9C9DF59079FA453FD0\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking\n <quote>\n (1)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Sale, supply, or transfer of certain goods and services\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n Except as provided\n </quote>\n and inserting\n <quote>\n (1)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Sale, supply, or transfer of certain goods and services\n </header-in-text>\n .—Except as provided\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"H2AE56FDF08A544AA80A840754F574494\">\n <enum>\n (ii)\n </enum>\n <text>\n by striking subparagraph (B);\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H6275EE92890742FFA7C1F38D612AB925\">\n <enum>\n (2)\n </enum>\n <text>\n in section 1245(a)—\n </text>\n <subparagraph id=\"H8437815618114A95886753A347C0F748\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking\n <quote>\n (a)\n <header-in-text level=\"subsection\" style=\"OLC\">\n sale, supply, or transfer of certain materials\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n The President\n </quote>\n and inserting\n <quote>\n (a)\n <header-in-text level=\"subsection\" style=\"OLC\">\n sale, supply, or transfer of certain materials\n </header-in-text>\n .—The President\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H4AAF830A5CCA4D5BB680A334882BCE32\">\n <enum>\n (B)\n </enum>\n <text>\n by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly);\n </text>\n </subparagraph>\n <subparagraph id=\"H8B1960BD604A48BB92A58E84D3E6A73D\">\n <enum>\n (C)\n </enum>\n <text>\n in paragraph (3)(B) (as redesignated by subparagraph (B) of this paragraph)—\n </text>\n <clause id=\"H468CF9C2968A41FA82AF146A49E3DBA8\">\n <enum>\n (i)\n </enum>\n <text>\n in clause (i), by striking\n <quote>\n subclause (I) of clause (i)\n </quote>\n and inserting\n <quote>\n clause (i) of subparagraph (A)\n </quote>\n ;\n </text>\n </clause>\n <clause id=\"HDB72F9C5C3A54FB69AD946BED2C6D00E\">\n <enum>\n (ii)\n </enum>\n <text>\n in clause (ii), by striking\n <quote>\n subclause (II) of that clause\n </quote>\n and inserting\n <quote>\n clause (ii) of that subparagraph\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"H3E2165924E834AE28F9EF774CCBDC44B\">\n <enum>\n (iii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in clause (iii), by striking\n <quote>\n subclause (III) of that clause\n </quote>\n and inserting\n <quote>\n clause (iii) of that subparagraph\n </quote>\n ; and\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H33BA0B51048744DF80486E3CB97C5045\">\n <enum>\n (D)\n </enum>\n <text>\n by striking\n <quote>\n (2)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n exception\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n paragraph (1).\n </quote>\n ; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H378A839C12254D489D28940CD907A892\">\n <enum>\n (3)\n </enum>\n <text>\n in section 1246(a)—\n </text>\n <subparagraph id=\"H60509386821F49D68535400805CD5647\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking\n <quote>\n (a)\n <header-in-text level=\"subsection\" style=\"OLC\">\n imposition of sanctions\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n Except as provided\n </quote>\n and inserting\n <quote>\n (a)\n <header-in-text level=\"subsection\" style=\"OLC\">\n imposition of sanctions\n </header-in-text>\n .—Except as provided\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H24F2F34709E84A8A99D14A9806E1E58C\">\n <enum>\n (B)\n </enum>\n <text>\n by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); and\n </text>\n </subparagraph>\n <subparagraph id=\"HDF4B1EE892B3477081ED1FD7BFE77170\">\n <enum>\n (C)\n </enum>\n <text>\n by striking\n <quote>\n (2)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n exception\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n paragraph (1).\n </quote>\n ; and\n </text>\n </subparagraph>\n </paragraph>\n </section>\n <section id=\"HEDCD66FF057A47AFAA498BF59D7A9A80\">\n <enum>\n 226.\n </enum>\n <header>\n Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran\n </header>\n <subsection id=\"H4FF989E4CBBA40D999575F9B010C5718\">\n <enum>\n (a)\n </enum>\n <header>\n Modification of federal acquisition regulation\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person under common ownership or control with the person, does not sell goods, services, or technology to, or conduct any other transaction with, Iran for which sanctions may be imposed under this Act.\n </text>\n </subsection>\n <subsection id=\"H945F48DD7D3C417498B4409F36F70262\">\n <enum>\n (b)\n </enum>\n <header>\n Remedies\n </header>\n <paragraph id=\"HCC8614E2BD90461F97B2CB44E9D4DCFD\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n If the head of an executive agency determines that a person has submitted a false certification under subsection (a) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this section becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations.\n </text>\n </paragraph>\n <paragraph id=\"HA20029E7819445A9A4CB1BC498891B1D\">\n <enum>\n (2)\n </enum>\n <header>\n Inclusion on list of parties excluded from federal procurement and nonprocurement programs\n </header>\n <text>\n The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under paragraph (1).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H825D17AB69F54F1DA4C660159CE35591\">\n <enum>\n (c)\n </enum>\n <header>\n Rule of construction\n </header>\n <text>\n This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (a).\n </text>\n </subsection>\n <subsection id=\"H7B251B352A1A441685522B3CBEB8AFBB\">\n <enum>\n (d)\n </enum>\n <header>\n Waivers\n </header>\n <paragraph id=\"HA6099C47854D4B85A780FD2F49354552\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n The President may on a case-by-case basis waive the requirement that a person make a certification under subsection (a) if the President determines and certifies in writing to the congressional committees described in paragraph (2) that it is essential to the national security interests of the United States to do so.\n </text>\n </paragraph>\n <paragraph id=\"H3985D4E4673844D2BED45C9CDB4300E6\">\n <enum>\n (2)\n </enum>\n <header>\n Congressional committees described\n </header>\n <text display-inline=\"yes-display-inline\">\n The congressional committees referred to in paragraph (1) are—\n </text>\n <subparagraph id=\"H9CD88D49E073425C8DD2F6036EEBC550\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Oversight and Government Reform of the House of Representatives; and\n </text>\n </subparagraph>\n <subparagraph id=\"HD69B09F93DE3401E856D53301F4E219B\">\n <enum>\n (B)\n </enum>\n <text>\n the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" id=\"H2315D28D5F694D65A5DD38979CEC167C\">\n <enum>\n (e)\n </enum>\n <header>\n Definitions\n </header>\n <text>\n In this section:\n </text>\n <paragraph commented=\"no\" display-inline=\"no-display-inline\" id=\"HE2A91F7AAF094A05BFECA2AD9FFD2D64\">\n <enum>\n (1)\n </enum>\n <header>\n Executive agency\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n executive agency\n </term>\n has the meaning given that term in\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/41/133\">\n section 133\n </external-xref>\n of title 41, United States Code.\n </text>\n </paragraph>\n <paragraph commented=\"no\" display-inline=\"no-display-inline\" id=\"HC43A0D05D7A24C27BC6CF9EACF45C1CD\">\n <enum>\n (2)\n </enum>\n <header>\n Federal Acquisition Regulation\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n Federal Acquisition Regulation\n </term>\n means the regulation issued pursuant to\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/41/1303\">\n section 1303(a)(1)\n </external-xref>\n of title 41, United States Code.\n </text>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" id=\"HBDEF5578E3C34D61BE2EEFAFC9234C91\">\n <enum>\n (f)\n </enum>\n <header>\n Applicability\n </header>\n <text>\n The revisions to the Federal Acquisition Regulation required under subsection (a) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of this Act.\n </text>\n </subsection>\n </section>\n <section id=\"H2707740952AA4E7599CD879FBDC48335\">\n <enum>\n 227.\n </enum>\n <header>\n Conditions for entry and operation of vessels\n </header>\n <subsection id=\"H7BE9137D89D042EEAD8BFE99A6F6D76A\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text>\n The Ports and Waters Safety Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/33/1221\">\n 33 U.S.C. 1221 et seq.\n </external-xref>\n ) is amended by adding at the end the following:\n </text>\n <quoted-block id=\"HA685C62749C246279A0526D92C611075\" style=\"OLC\">\n <section id=\"HEE2F1D311E7F480D8CD9C1CEAF326FB9\">\n <enum>\n 16.\n </enum>\n <header>\n Prohibition on entry and operation\n </header>\n <subsection id=\"HAA2FB7C821164931ACA00208A1692FB0\">\n <enum>\n (a)\n </enum>\n <header>\n Prohibition\n </header>\n <paragraph id=\"HAA92175F7E11400D86B167DE8AC491BA\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n No foreign vessel described in subsection (b) shall enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States.\n </text>\n </paragraph>\n <paragraph id=\"H8E5C96D3EC9B4BCD802C325AA2546CBF\">\n <enum>\n (2)\n </enum>\n <header>\n Limitation on Application\n </header>\n <text display-inline=\"yes-display-inline\">\n Paragraph (1) shall not apply with respect to a vessel described in subsection (b)(2) on and after any date on which the Secretary of State determines that the vessel is no longer registered as described in that subsection. The Secretary of State shall publish a notice of each such determination in the Federal Register.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HDC074795EF1E4D4AAEE9CFBB6C5CD87B\">\n <enum>\n (b)\n </enum>\n <header>\n Vessels described\n </header>\n <text>\n A vessel referred to in subsection (a) is a foreign vessel for which a Notice of Arrival is required to be filed under\n <external-xref legal-doc=\"regulation\" parsable-cite=\"cfr/33/160\">\n section 160\n </external-xref>\n of title 33, Code of Federal Regulations, as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013, and that—\n </text>\n <paragraph id=\"HD3A23A785A59471F9CCBCCC98F16EF1A\">\n <enum>\n (1)\n </enum>\n <text>\n is on a list of vessels published in Federal Register under subsection (c)(2); or\n </text>\n </paragraph>\n <paragraph id=\"H8B8D380D07E24869BFA644FDD1F2B405\">\n <enum>\n (2)\n </enum>\n <text>\n more than 180 days after the publication of such a list, is registered, pursuant to the Geneva Convention on the High Seas (13 U.S.T. 2312; TIAS 5200; 450 UNTS 82), by a government the agents or instrumentalities of which are maintaining a registration of a vessel that is included in such list.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H1DFF55DC673B450E89BDD5C6BA174B84\">\n <enum>\n (c)\n </enum>\n <header>\n Information and publication\n </header>\n <text>\n The Secretary of Transportation, in consultation with the Secretary of State, shall—\n </text>\n <paragraph id=\"HEFA67A6A589144BE9785E2B1BEBAAAAF\">\n <enum>\n (1)\n </enum>\n <text>\n maintain timely information on registrations of all foreign vessels over 300 gross tons that are—\n </text>\n <subparagraph id=\"H5C954155D570418F9ACA1AD4A9970DC3\">\n <enum>\n (A)\n </enum>\n <text>\n owned or operated by or on behalf of—\n </text>\n <clause id=\"H3D34C9A41E4249C3B4DB5C61CBF8F808\">\n <enum>\n (i)\n </enum>\n <text>\n the National Iran Tanker Company or the Islamic Republic of Iran Shipping Line; or\n </text>\n </clause>\n <clause id=\"HD6B2CDF1BD8A44E28CA802B36F6F12E9\">\n <enum>\n (ii)\n </enum>\n <text>\n any successor to an entity referred to in clause (i); or\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H22E096B2142F417893558F497405ECE3\">\n <enum>\n (B)\n </enum>\n <text>\n otherwise owned or operated by or on behalf of Iran; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H5959C306357D420C95B984370C25D94A\">\n <enum>\n (2)\n </enum>\n <text>\n publish in the Federal Register a list of vessels described in paragraph (1), including periodic updates of such list.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H07BB19CD4A304D4EBD884444D235A792\">\n <enum>\n (d)\n </enum>\n <header>\n Notification of governments\n </header>\n <text>\n The Secretary of State shall notify each government the agents or instrumentalities of which are maintaining a registration of a foreign vessel that is included on the list published under subsection (c)(2), that all vessels registered under such government’s authority are subject to the prohibition under subsection (a) if more than 180 days after such publication the government continues to maintain a registration for a vessel that is included on the list published under subsection (c)(2).\n </text>\n </subsection>\n <subsection id=\"HE0CB582F903946D59739F8A4C650C093\">\n <enum>\n (e)\n </enum>\n <header>\n Notification of vessels\n </header>\n <text>\n Upon receiving a Notice of Arrival under\n <external-xref legal-doc=\"regulation\" parsable-cite=\"cfr/33/160\">\n section 160\n </external-xref>\n of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013) from a vessel described in (b), the Secretary shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States, unless—\n </text>\n <paragraph id=\"H96766413BBD7404FAB493B2CCA058AC1\">\n <enum>\n (1)\n </enum>\n <text>\n the Secretary has made a determination described in subsection (a)(2); or\n </text>\n </paragraph>\n <paragraph id=\"H50A2FBEE4B4D4E74929F4E841199E30E\">\n <enum>\n (2)\n </enum>\n <text>\n the Secretary allows provisional entry of the vessel, or transfer of cargo from the vessel, under subsection (f).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H0E6D392B67F545E596B6C57FE4DC3225\">\n <enum>\n (f)\n </enum>\n <header>\n Provisional entry or cargo transfer\n </header>\n <text>\n Notwithstanding subsection (e), the Secretary may allow provisional entry of, or transfer of cargo from, a foreign vessel described in subsection (b), if such entry or transfer is necessary for the safety of the vessel or persons aboard.\n </text>\n </subsection>\n <subsection id=\"HB0269F72D05E403F9B1F0FA13FEBBAEF\">\n <enum>\n (g)\n </enum>\n <header>\n Right of innocent passage\n </header>\n <text>\n This section shall not be construed as authority to restrict the right of innocent passage as recognized under international law.\n </text>\n </subsection>\n <subsection id=\"H732E2E1139AA4EB0981ACDBF5F6E3F2A\">\n <enum>\n (h)\n </enum>\n <header>\n Foreign vessel defined\n </header>\n <text>\n In this section the term\n <quote>\n foreign vessel\n </quote>\n has the meaning given that term in\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/46/110\">\n section 110\n </external-xref>\n of title 46, United States Code.\n </text>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HD98B41D44C8E4F58904841CB4E0C260A\">\n <enum>\n (b)\n </enum>\n <header>\n Deadline for publication\n </header>\n <text>\n The Secretary shall publish a list under section 16(c)(2) of the Ports and Waterways Safety Act, as amended by this section, by not later than 180 days after the date of the enactment of this Act.\n </text>\n </subsection>\n <subsection id=\"H1860B6DE3DCC49D79660AC9EE8FDC546\">\n <enum>\n (c)\n </enum>\n <header>\n Conforming Amendments\n </header>\n <paragraph id=\"H45FB278F190344279405B911E50FA16A\">\n <enum>\n (1)\n </enum>\n <text>\n Section 13(e) of the Ports and Waterways Safety Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/33/1232\">\n 33 U.S.C. 1232(e)\n </external-xref>\n ) is amended by striking\n <quote>\n section 9\n </quote>\n and inserting\n <quote>\n sections 9 and 16\n </quote>\n .\n </text>\n </paragraph>\n <paragraph id=\"H8C190F995A70433882D4D0AA79156C58\">\n <enum>\n (2)\n </enum>\n <text>\n Section 4(b)(2) of the Ports and Waterways Safety Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/33/1223\">\n 33 U.S.C. 1223(b)(2)\n </external-xref>\n ) is amended by striking\n <quote>\n section 9\n </quote>\n and inserting\n <quote>\n section 9 or 16\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n </section>\n </subtitle>\n \n \n <enum>\n III\n </enum>\n <header>\n Additional authorities to prevent censorship activities in Iran\n </header>\n <section id=\"HB5A5E0E0F54543B289D6AF339C20DB7B\">\n <enum>\n 301.\n </enum>\n <header>\n Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting\n </header>\n <subsection id=\"H4527B37DFFAD4AEDADBB0673BA214DAF\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the following:\n </text>\n <paragraph id=\"HC49E9216DCE44849B798451A26DECF74\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n The current status of availability of the Islamic Republic of Iran Broadcasting (IRIB) on international satellites, entities that facilitate its operation by providing services or equipment, and the technical means that it engages in jamming.\n </text>\n </paragraph>\n <paragraph id=\"H0E20D1A675A3458F9B9EEC96525E7414\">\n <enum>\n (2)\n </enum>\n <text>\n The instances, since January 1, 2012, in which the IRIB engaged in activities that violated Article 19 of the International Covenant on Civil and Political Rights, including broadcasting forced confessions and hate speech against minorities.\n </text>\n </paragraph>\n <paragraph id=\"H473E9487C93A47C8AA21479134311670\">\n <enum>\n (3)\n </enum>\n <text>\n The instances, since January 1, 2012, in which international broadcasting programs originating from the United States and Europe have been subject to disruption in Iran, with relevant details such as which programs were disrupted, available location information on the origin of the disruption, and the extent of the disruption.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H90C785CBBE7F4B4BBE62C185AC04D1A9\">\n <enum>\n (b)\n </enum>\n <header>\n Coordination\n </header>\n <text display-inline=\"yes-display-inline\">\n In developing the report required by subsection (a), the Secretary of State shall coordinate with the Broadcasting Board of Governors, the Secretary of the Treasury, and the heads of other relevant Federal departments and agencies.\n </text>\n </subsection>\n <subsection id=\"H0F802392896C4327AFDA00F6C1BC6504\">\n <enum>\n (c)\n </enum>\n <header>\n Public availability\n </header>\n <text display-inline=\"yes-display-inline\">\n All unclassified portions of the report required by subsection (a) shall be made publicly available on the Internet web site of the Department of State.\n </text>\n </subsection>\n </section>\n <section id=\"HC89D4A32955C4C86B9A066896A529E1A\">\n <enum>\n 302.\n </enum>\n <header>\n List of persons who are high-risk re-exporters of sensitive technologies\n </header>\n <subsection id=\"H5E6D4B2682824A44A233DC8E54A901E6\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Commerce, in conjunction with the Secretary of State and the Secretary of the Treasury, shall make publicly available and update as appropriate a list of persons who are high-risk re-exporters of sensitive technologies in order to seek to ensure that the Government of Iran or an entity owned or controlled by that Government is unable to obtain sensitive technologies through the re-export of such sensitive technologies by third-party intermediaries.\n </text>\n </subsection>\n <subsection id=\"H8E9E33CD678B442F8A2A6274B3CC850F\">\n <enum>\n (b)\n </enum>\n <header>\n Definition\n </header>\n <text display-inline=\"yes-display-inline\">\n In this section, the term\n <quote>\n sensitive technology\n </quote>\n has the meaning given that term in section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8515\">\n 22 U.S.C. 8515\n </external-xref>\n ).\n </text>\n </subsection>\n </section>\n <section id=\"H19F95E896AD147178A6878F92BA4D487\">\n <enum>\n 303.\n </enum>\n <header>\n Sense of Congress on provision of intercept technologies to Iran\n </header>\n <text display-inline=\"no-display-inline\">\n It is the sense of Congress that—\n </text>\n <paragraph id=\"H1D55A36F94D643149ACD5BF276764E2C\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n those that provide intercept technologies that limit freedom of speech or expression to the Government of Iran should be held accountable for the repression of the Iranian people; and\n </text>\n </paragraph>\n <paragraph id=\"H4521BF14D0994E0EB09969394E5F26D2\">\n <enum>\n (2)\n </enum>\n <text>\n no person should use an existing contract with the Government of Iran as a justification to continue to supply intercept technologies to the Government of Iran for purposes of restricting the free flow of information.\n </text>\n </paragraph>\n </section>\n <section id=\"H9659B77426F14F7EA9248B85B4B8F244\">\n <enum>\n 304.\n </enum>\n <header>\n Sense of Congress on availability of consumer communication technologies in Iran\n </header>\n <text display-inline=\"no-display-inline\">\n It is the sense of Congress that—\n </text>\n <paragraph id=\"H33E45CBC40E7415FAEB2A9BAB3A29CE7\">\n <enum>\n (1)\n </enum>\n <text>\n the Department of State should encourage the free flow of information in Iran to counter the Government of Iran’s repression of its own people; and\n </text>\n </paragraph>\n <paragraph id=\"H926FF371679D415D8646C14A01799C01\">\n <enum>\n (2)\n </enum>\n <text>\n in order to facilitate the free flow of information in Iran, the Department of State should promote the availability of certain consumer communication technologies to Iranian civil society and the Iranian people.\n </text>\n </paragraph>\n </section>\n <section id=\"H89565D03AA9C44FA9FD619EA05A640F9\">\n <enum>\n 305.\n </enum>\n <header>\n Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate\n </header>\n <subsection id=\"HD0ED1399471F4FEC95290C664265AB51\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8753\">\n 22 U.S.C. 8753\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HDF7A13341BDC41FEA30A5368E7793B46\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating subsection (e) as subsection (f); and\n </text>\n </paragraph>\n <paragraph id=\"H72477B8352DE4FCABA395E59083DBC7B\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after subsection (d) the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HB985AEDABA4A4FD5BC7FD4E430101082\" style=\"OLC\">\n <subsection id=\"H050EAC6675FA48769449581683A4D109\">\n <enum>\n (e)\n </enum>\n <header>\n Rule of construction\n </header>\n <text display-inline=\"yes-display-inline\">\n The expedited process for the consideration of complete requests for authorization to engage in the activities described in subsection (a) shall be construed to also apply to the transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate, obtain information, and access the Internet and other communications systems.\n </text>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"HAED8803628B74C0B88DA85E1809F3744\">\n <enum>\n (b)\n </enum>\n <header>\n Effective date\n </header>\n <text display-inline=\"yes-display-inline\">\n The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to requests described in section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012, as so amended, that are submitted to the Office of Foreign Assets Control on or after such date of enactment.\n </text>\n </subsection>\n </section>\n \n \n <enum>\n IV\n </enum>\n <header>\n Reports and other matters\n </header>\n <section id=\"H2538756671364C9AA1979EB690852922\">\n <enum>\n 401.\n </enum>\n <header>\n National Strategy on Iran\n </header>\n <subsection id=\"H5DF239049E55455188BDC786AB34E425\">\n <enum>\n (a)\n </enum>\n <header>\n National strategy required\n </header>\n <text>\n The President shall develop a strategy, to be known as the\n <quote>\n National Strategy on Iran\n </quote>\n , that provides strategic guidance for activities that support the objective of addressing the threats posed by Iran.\n </text>\n </subsection>\n <subsection id=\"H73AEF7038B0942B6A785FB47ECEB5B68\">\n <enum>\n (b)\n </enum>\n <header>\n Annual report\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 180 days after the date of the enactment of this Act or January 30, 2014, whichever occurs first, and every January 30 thereafter, the President shall submit to the appropriate congressional committees the National Strategy on Iran required under subsection (a).\n </text>\n </subsection>\n <subsection id=\"HDE96886B43F243F389327E8080A55051\">\n <enum>\n (c)\n </enum>\n <header>\n Matters To be included\n </header>\n <text>\n The report required under subsection (b) shall include, at a minimum, the following:\n </text>\n <paragraph id=\"H86B36878E38D42F0BBEE798391B809EF\">\n <enum>\n (1)\n </enum>\n <text>\n A description of Iran’s grand strategy and security strategy, including strategic objectives, and the security posture and objectives of Iran.\n </text>\n </paragraph>\n <paragraph id=\"H8CAE383C160940FE9CC357057F5EF229\">\n <enum>\n (2)\n </enum>\n <text>\n A description of the United States strategy to—\n </text>\n <subparagraph id=\"H8C64E560E5F444FD8DF45B1CB83AC0F6\">\n <enum>\n (A)\n </enum>\n <text>\n address and counter the capabilities of Iran’s conventional forces and Iran’s unconventional forces;\n </text>\n </subparagraph>\n <subparagraph id=\"H65901045320F4D44BB50ADE04B715532\">\n <enum>\n (B)\n </enum>\n <text>\n disrupt and deny Iranian efforts to develop or augment capabilities related to nuclear, unconventional, and missile forces development;\n </text>\n </subparagraph>\n <subparagraph id=\"HED322E969D0B410AA7F97FE85973CDF0\">\n <enum>\n (C)\n </enum>\n <text>\n address the Government of Iran’s economic strategy to enable the objectives described in this subsection;\n </text>\n </subparagraph>\n <subparagraph id=\"H9DF6EF75648B4472994836FDCA6E6E6E\">\n <enum>\n (D)\n </enum>\n <text>\n exploit key vulnerabilities; and\n </text>\n </subparagraph>\n <subparagraph id=\"H2028C91C26254C5FB16E8D019BEC70EC\">\n <enum>\n (E)\n </enum>\n <text display-inline=\"yes-display-inline\">\n combat Iranian efforts to suppress Internet freedom, including actions of the United States to—\n </text>\n <clause id=\"H6C3FD72496094740821F6C9B67A4344F\">\n <enum>\n (i)\n </enum>\n <text>\n work to promote expanded Internet access for democracy activists in Iran;\n </text>\n </clause>\n <clause id=\"H4E660B6CA6994183A212CE25B6C7A936\">\n <enum>\n (ii)\n </enum>\n <text>\n add a public diplomacy page to the United States’ virtual embassy in Iran; and\n </text>\n </clause>\n <clause id=\"HE3434BD9073C405BA971FC66E365745F\">\n <enum>\n (iii)\n </enum>\n <text>\n leverage multilateral organizations committed to Internet connectivity in Iran.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HC1DD9520F7CB4F8FA16B1132A2BECC35\">\n <enum>\n (3)\n </enum>\n <text>\n An implementation plan for the United States strategy described in paragraph (2).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H7633E9FA2066420AA066A483138D7DC8\">\n <enum>\n (d)\n </enum>\n <header>\n Form\n </header>\n <text>\n The report required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary.\n </text>\n </subsection>\n <subsection id=\"H2FEC62CE249E484497FF4828926D2169\">\n <enum>\n (e)\n </enum>\n <header>\n Appropriate congressional committees\n </header>\n <text>\n In this section, the term\n <term>\n appropriate congressional committees\n </term>\n means—\n </text>\n <paragraph id=\"H16504EE86369434A9D35299F15D22D90\">\n <enum>\n (1)\n </enum>\n <text>\n the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and\n </text>\n </paragraph>\n <paragraph id=\"H873EA92FF717474BB654A9F7EF3DB42E\">\n <enum>\n (2)\n </enum>\n <text>\n the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select Committee on Intelligence of the Senate.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H15868231E50849ADADDCEF4AB95409E2\">\n <enum>\n 402.\n </enum>\n <header>\n Report on Iranian nuclear and economic capabilities\n </header>\n <subsection id=\"H434E20DA0FAA4F2E891BDEC848C01EC1\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the following:\n </text>\n <paragraph id=\"HCA81241F12A446CB9F55ADB69465A073\">\n <enum>\n (1)\n </enum>\n <text>\n An estimate of the timeline for Iranian capabilities to develop nuclear weapons, including—\n </text>\n <subparagraph id=\"HB509A4252A0B492FA795D02D5B9E282B\">\n <enum>\n (A)\n </enum>\n <text>\n an estimate of the period of time it would take Iran to produce enough weapons-grade uranium for a single implosion-type nuclear weapon, taking into account all known relevant technical data;\n </text>\n </subparagraph>\n <subparagraph id=\"H8660D654EB51436BA892A97CD08719B9\">\n <enum>\n (B)\n </enum>\n <text>\n an estimate of the period of time it would take Iran to produce sufficient separated plutonium for a single nuclear weapon;\n </text>\n </subparagraph>\n <subparagraph id=\"HDBA662EF495B4FE2855913CBEA99C0CF\">\n <enum>\n (C)\n </enum>\n <text>\n a description of the assumptions underlying the estimates referred to in subparagraphs (A) and (B), and any information about developments that might alter or otherwise affect those assumptions;\n </text>\n </subparagraph>\n <subparagraph id=\"H3EC366BAA95E477AB8641D82B91CEC79\">\n <enum>\n (D)\n </enum>\n <text>\n an estimate of the date by which the periods of time referred to in subparagraphs (A) and (B) will be less than 45 days; and\n </text>\n </subparagraph>\n <subparagraph id=\"HE0582CBEF1104B999CF8C7C53BE9DAA7\">\n <enum>\n (E)\n </enum>\n <text>\n a description of any efforts by the United States to increase the frequency of inspections by the International Atomic Energy Agency of nuclear facilities in Iran.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H98F78EC054684E4FBD2D59949D999DC0\">\n <enum>\n (2)\n </enum>\n <text>\n An assessment of Iranian strategy and capabilities relating to development of nuclear weapons, including—\n </text>\n <subparagraph id=\"H0A6FAB417394424A9D8F084BB9816589\">\n <enum>\n (A)\n </enum>\n <text>\n a summary and analysis of current nuclear weapons capabilities;\n </text>\n </subparagraph>\n <subparagraph id=\"H5118910C8C6A4D6AA4018AE3935BC145\">\n <enum>\n (B)\n </enum>\n <text>\n an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran to develop its nuclear weapons capabilities;\n </text>\n </subparagraph>\n <subparagraph id=\"H87C1909CF90F413CB4691308A3D28534\">\n <enum>\n (C)\n </enum>\n <text>\n a summary of the capabilities of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces;\n </text>\n </subparagraph>\n <subparagraph id=\"H6B07D47A09B04B2FB1149DF7E2CA635C\">\n <enum>\n (D)\n </enum>\n <text>\n a detailed analysis of the effectiveness of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces as delivery systems for a nuclear device;\n </text>\n </subparagraph>\n <subparagraph id=\"H3FBAD85027E14AA2A9607EA79CCF6FC6\">\n <enum>\n (E)\n </enum>\n <text>\n a description of all efforts of Iran to design and develop a nuclear weapon, including efforts to design or fit warheads, and any other possible military dimensions of the nuclear program of Iran; and\n </text>\n </subparagraph>\n <subparagraph id=\"H56C0C477FC9A47759AF8DE6B1BA408C3\">\n <enum>\n (F)\n </enum>\n <text>\n an analysis of the procurement network, including the amount and sources of funding expended by Iran on programs to develop a nuclear weapons capability.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H83A483D117984AD0AAEDA09AD4700695\">\n <enum>\n (3)\n </enum>\n <text>\n Projected economic effects of international sanctions on Iran, including—\n </text>\n <subparagraph id=\"H4292417B805746299A54A5AF4AAB1AA1\">\n <enum>\n (A)\n </enum>\n <text>\n an estimate of the capital accounts, current accounts, and amounts of foreign exchange reserves (including access to foreign exchange reserves) of the Government of Iran, and other leading indicators of the status of the economy of Iran;\n </text>\n </subparagraph>\n <subparagraph id=\"HBED22BD292364C6A8C26860A95B7B00D\">\n <enum>\n (B)\n </enum>\n <text>\n an estimate of timelines with respect to macroeconomic viability of Iran, including the time by which the Government of Iran will exhaust its foreign exchange reserves;\n </text>\n </subparagraph>\n <subparagraph id=\"H03C417AB041D4A65832178FDE1073592\">\n <enum>\n (C)\n </enum>\n <text>\n an estimate of the date by which the reserves of the Central Bank of Iran will be insufficient for the Government of Iran to avoid a severe balance of payments crisis that prevents it from maintaining a functioning economy, including—\n </text>\n <clause id=\"HA8514391435547C1B78B502FB474F9A5\">\n <enum>\n (i)\n </enum>\n <text>\n the inflation rate, exchange rates, unemployment rate, and budget deficits in Iran; and\n </text>\n </clause>\n <clause id=\"H6826AA8D50F34820ADD87F4745C3846E\">\n <enum>\n (ii)\n </enum>\n <text>\n other leading macroeconomic indicators used by the International Monetary Fund, professional rating agencies, and other credible sources to assess the economic health of a country;\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H5FF2046E7A99479DA65F536ACA247EB5\">\n <enum>\n (D)\n </enum>\n <text>\n a description of the assumptions underlying the estimate referred to in paragraph (3) and an indication of how changes in each of those assumptions could affect the estimate;\n </text>\n </subparagraph>\n <subparagraph id=\"HC63DC105618D4AACA23369959D06FCE2\">\n <enum>\n (E)\n </enum>\n <text>\n an assessment of the effect of sanctions imposed with respect to Iran on moving forward the date referred to in subparagraph (C); and\n </text>\n </subparagraph>\n <subparagraph id=\"H508BFFD856C84570A0471AA603D64F67\">\n <enum>\n (F)\n </enum>\n <text>\n a description of actions taken by the Government of Iran to delay the date referred to in subparagraph (C).\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H598F94B877AC407DA2382B5D8BB1188C\">\n <enum>\n (b)\n </enum>\n <header>\n Update\n </header>\n <text display-inline=\"yes-display-inline\">\n The President shall submit to the appropriate congressional committees an update of the report required by subsection (a) every 60 days after the date of submission of the report that includes any pertinent developments to Iranian nuclear or economic capabilities.\n </text>\n </subsection>\n <subsection id=\"H40002A78FFBC4634B9CBDEF1423E0994\">\n <enum>\n (c)\n </enum>\n <header>\n Form\n </header>\n <text>\n The report required under subsection (a) and the update required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary.\n </text>\n </subsection>\n <subsection id=\"H64F7EE7C88564FAA90071821EC698AA2\">\n <enum>\n (d)\n </enum>\n <header>\n Definitions\n </header>\n <text>\n In this section:\n </text>\n <paragraph id=\"H5FECD153DFE5447DB568B4285C19F301\">\n <enum>\n (1)\n </enum>\n <header>\n Appropriate congressional committees\n </header>\n <text>\n The term\n <quote>\n appropriate congressional committees\n </quote>\n means—\n </text>\n <subparagraph id=\"H6AB614476CA24BF89FCD7F1AE8D91290\">\n <enum>\n (A)\n </enum>\n <text>\n the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and\n </text>\n </subparagraph>\n <subparagraph id=\"HB7F85F2D34514A459622E1237EC685EC\">\n <enum>\n (B)\n </enum>\n <text>\n the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H84F7DB795AF243278687D201EF67D7E6\">\n <enum>\n (2)\n </enum>\n <header>\n Nuclear explosive device\n </header>\n <text>\n The term\n <quote>\n nuclear explosive device\n </quote>\n means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT).\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H829B3543B9D047FB9AE59EBB89832C45\">\n <enum>\n 403.\n </enum>\n <header>\n Report on plausibility of expanding sanctions on Iranian oil\n </header>\n <subsection id=\"H1223A02EA0E04DD181D8058D8AEDA171\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text>\n Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report assessing the following:\n </text>\n <paragraph id=\"H39A098660B5D46538F1C742CF13EE741\">\n <enum>\n (1)\n </enum>\n <text>\n Whether petroleum and petroleum products originating in and exported from Iran are refined and sold outside of Iran.\n </text>\n </paragraph>\n <paragraph id=\"H58BD8F0F29BF4A9585DA28BAA98C556F\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Whether products that contain Iranian-origin petroleum or petroleum products as part of their contents are imported into the United States and, if any such products are imported into the United States, whether such importation violates the ban on importation into the United States of Iranian-origin petroleum or petroleum products.\n </text>\n </paragraph>\n <paragraph id=\"H419197C0372546019D0C6C64AA2A89F0\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Whether it is feasible to ban the importation into the United States of products described in paragraph (2), regardless of whether the ban on importation into the United States of Iranian-origin petroleum or petroleum products applies to such products.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HC64867227B1045AD8490BF112300F8AA\">\n <enum>\n (b)\n </enum>\n <header>\n Basis of report\n </header>\n <text>\n The report required under subsection (a) may be based on publicly-available information and classified information. The information that is not classified information shall be made publically available.\n </text>\n </subsection>\n <subsection id=\"HC75C07F5928B44288E8ADD1F75A66E31\">\n <enum>\n (c)\n </enum>\n <header>\n Appropriate congressional committees\n </header>\n <text>\n In this section, the term\n <quote>\n appropriate congressional committees\n </quote>\n means—\n </text>\n <paragraph id=\"H8D6973C272514A4F95557BB131C52746\">\n <enum>\n (1)\n </enum>\n <text>\n the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and\n </text>\n </paragraph>\n <paragraph id=\"H44A9FB3B7D484225B7B30318C2A9595B\">\n <enum>\n (2)\n </enum>\n <text>\n the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H79AA45C423AE44EF90B95E1CEF5FA289\">\n <enum>\n 404.\n </enum>\n <header>\n GAO report on Iranian strategy to evade current sanctions and other matters\n </header>\n <text display-inline=\"no-display-inline\">\n Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that—\n </text>\n <paragraph id=\"HE7ECD653D47A4A7F8F05CA0311ED96E9\">\n <enum>\n (1)\n </enum>\n <text>\n evaluates the strategy of the Government of Iran to evade current economic and financial sanctions; and\n </text>\n </paragraph>\n <paragraph id=\"H660F14A4D0944398B9ABA30F03118A74\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n specifically evaluates the ability of Iran to successfully diversify its economy beyond its energy sector, thereby lessening the impact and effectiveness of economic and financial sanctions.\n </text>\n </paragraph>\n </section>\n <section id=\"H0158DA1841D44442B42E83A3A881E75E\">\n <enum>\n 405.\n </enum>\n <header>\n Authority to consolidate reports required under Iran sanctions laws\n </header>\n <subsection id=\"H5A735E40719F468C92D44C3F5C63F531\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Any or all reports required to be submitted to Congress under the provisions of law described in subsection (c) that are subject to a deadline for submission consisting of the same unit of time may be consolidated into a single report that is submitted to Congress pursuant to such deadline.\n </text>\n </subsection>\n <subsection id=\"HC72DA622209248D09BA07F566A9B8AD0\">\n <enum>\n (b)\n </enum>\n <header>\n Exception\n </header>\n <text>\n Subsection (a) shall not apply with respect to the initial report of any report described in subsection (a).\n </text>\n </subsection>\n <subsection id=\"H7BAD59BADBC04026B72DC01FA17CF972\">\n <enum>\n (c)\n </enum>\n <header>\n Provisions of law described\n </header>\n <text>\n The provisions of law referred to in this section are the following:\n </text>\n <paragraph id=\"H5227EEDDBB024874AE070D42FF0BEA5E\">\n <enum>\n (1)\n </enum>\n <text>\n This Act and the amendments made by this Act.\n </text>\n </paragraph>\n <paragraph id=\"HBB1C2A26C55F42BE91BF3A0C0048E5A3\">\n <enum>\n (2)\n </enum>\n <text>\n The Iran Freedom and Counter-Proliferation Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8801\">\n 22 U.S.C. 8801 et seq.\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"H50592BC235F141538B4F6C2A8C5570E8\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n The Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8701\">\n 22 U.S.C. 8701 et seq.\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"H58BCFA1959C148CA9F63565B0C0A4818\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8501\">\n 22 U.S.C. 8501 et seq.\n </external-xref>\n ).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H620C935996074F06A2D53D283B41F3F5\">\n <enum>\n (d)\n </enum>\n <header>\n Effective date\n </header>\n <text display-inline=\"yes-display-inline\">\n This section takes effect on the date of the enactment of this Act and applies with respect to reports required to be submitted to Congress under the provisions of law described in subsection (c) on or after such date of enactment.\n </text>\n </subsection>\n </section>\n <section id=\"HB73CA4660667408DA394BEE8CD296F69\">\n <enum>\n 406.\n </enum>\n <header>\n Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012\n </header>\n <subsection id=\"H0626327375C94B959EB1BF3397AAB318\">\n <enum>\n (a)\n </enum>\n <header>\n Iran Sanctions Act of 1996\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 14(4)(B) of the Iran Sanctions Act of 1996 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/172\">\n Public Law 104–172\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701\n </external-xref>\n note) is amended by striking\n <quote>\n may include, in the discretion of the President\n </quote>\n and inserting\n <quote>\n includes\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"HA820FD946B1F4908B91803950F3C4796\">\n <enum>\n (b)\n </enum>\n <header>\n Iran Threat Reduction and Syria Human Rights Act of 2012\n </header>\n <text>\n Section 211 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8721\">\n 22 U.S.C. 8721\n </external-xref>\n ) is amended by adding at the end the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HFF4017F0C80643649DD09E735B136341\" style=\"OLC\">\n <subsection id=\"H0E246CAFFC5A4D999267B84776D96E75\">\n <enum>\n (f)\n </enum>\n <header>\n Definition\n </header>\n <text display-inline=\"yes-display-inline\">\n In this section, the term\n <quote>\n appropriate congressional committees\n </quote>\n includes the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.\n </text>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n </section>\n <section id=\"HE325C6F3ACA94076ACD298354BEDAAC1\">\n <enum>\n 407.\n </enum>\n <header>\n Rule of construction\n </header>\n <text display-inline=\"no-display-inline\">\n Nothing in this Act or any amendment made by this Act shall be construed to apply with respect to—\n </text>\n <paragraph id=\"HF41C0911FD2D452690086FE7B3FA9E36\">\n <enum>\n (1)\n </enum>\n <text>\n any activity relating to a project described in subsection (a) of section 603 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8783\">\n 22 U.S.C. 8783\n </external-xref>\n ) to which the exception under that section applies at the time of the activity; or\n </text>\n </paragraph>\n <paragraph id=\"HABD63B316BB14A88AC48D2A606705EE4\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n any authorized intelligence activity of the United States.\n </text>\n </paragraph>\n </section>\n <section id=\"H2EDF5721549B4F68A63BBD6BE9C92ADB\">\n <enum>\n 408.\n </enum>\n <header>\n Implementation; penalties\n </header>\n <subsection id=\"H943DE4F5E8FB4F04B3D065F865F724FA\">\n <enum>\n (a)\n </enum>\n <header>\n Implementation\n </header>\n <text display-inline=\"yes-display-inline\">\n The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act and the amendments made by this Act.\n </text>\n </subsection>\n <subsection id=\"H0A031497E1744FE7B056D807747136B9\">\n <enum>\n (b)\n </enum>\n <header>\n Penalties\n </header>\n <text display-inline=\"yes-display-inline\">\n The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1705\">\n 50 U.S.C. 1705\n </external-xref>\n ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any amendment made by this Act or regulations prescribed under this Act to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1705\">\n 50 U.S.C. 1705(a)\n </external-xref>\n ).\n </text>\n </subsection>\n </section>\n <section id=\"HD6BDE9BBE3D54211863FD60351F62627\">\n <enum>\n 409.\n </enum>\n <header>\n Severability\n </header>\n <subsection id=\"H24D97ECBF3854BECA93C0B630458FE29\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected.\n </text>\n </subsection>\n <subsection id=\"H9EB1E97F0998465EAE0A858A3F194218\">\n <enum>\n (b)\n </enum>\n <header>\n Effective date under section 214\n </header>\n <text display-inline=\"yes-display-inline\">\n If subsection (d) of section 214 is found to be unconstitutional in accordance with subsection (a), the amendments made by such section 214 take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after such date of enactment.\n </text>\n </subsection>\n </section>\n \n \n \n \n \n Passed the House of Representatives July 31, 2013.\n \n \n Karen L. Haas,\n \n \n Clerk.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 850 IN THE HOUSE OF REPRESENTATIVES AN ACT To impose additional human rights and economic and financial sanctions with respect to Iran, and for other purposes.\n\n1. Short title and table of contents (a) Short title This Act may be cited as the Nuclear Iran Prevention Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and statement of policy. Title I—Human rights and terrorism sanctions Sec. 101. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran. Sec. 102. Prevention of diversion of certain goods, services and technologies to Iran. Sec. 103. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. Sec. 105. Sense of Congress on elections in Iran. Sec. 106. Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran. Title II—Economic and financial sanctions Subtitle A—Amendments to Iran Sanctions Act of 1996 Sec. 201. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium. Sec. 202. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities. Subtitle B—Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012 Sec. 211. Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran. Sec. 212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors. Sec. 213. Sense of Congress regarding the European Central Bank. Sec. 214. Imposition of sanctions with respect to certain transactions in foreign currencies. Sec. 215. Sanctions with respect to certain transactions with Iran. Subtitle C—Other matters Sec. 221. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions. Sec. 222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran. Sec. 223. Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran. Sec. 224. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals. Sec. 225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013. Sec. 226. Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran. Sec. 227. Conditions for entry and operation of vessels. Title III—Additional authorities to prevent censorship activities in Iran Sec. 301. Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting. Sec. 302. List of persons who are high-risk re-exporters of sensitive technologies. Sec. 303. Sense of Congress on provision of intercept technologies to Iran. Sec. 304. Sense of Congress on availability of consumer communication technologies in Iran. Sec. 305. Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate. Title IV—Reports and other matters Sec. 401. National Strategy on Iran. Sec. 402. Report on Iranian nuclear and economic capabilities. Sec. 403. Report on plausibility of expanding sanctions on Iranian oil. Sec. 404. GAO report on Iranian strategy to evade current sanctions and other matters. Sec. 405. Authority to consolidate reports required under Iran sanctions laws. Sec. 406. Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012. Sec. 407. Rule of construction. Sec. 408. Implementation; penalties. Sec. 409. Severability. 2. Findings and statement of policy (a) Findings Congress finds the following: (1) Iran’s acquisition of a nuclear weapons capability would— (A) embolden its already aggressive foreign policy, including its arming of terrorist organizations and other groups, its efforts to destabilize countries in the Middle East, and its efforts to target the United States, United States allies, and United States interests globally; (B) increase the risk that Iran would share its nuclear technology and expertise with extremist groups and rogue nations; (C) destabilize global energy markets, posing a direct and devastating threat to the American and global economy; and (D) likely lead other governments in the region to pursue their own nuclear weapons programs, increasing the prospect of nuclear proliferation throughout the region and effectively ending the viability of the global nonproliferation regime, including the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force on March 5, 1970. (2) A nuclear arms-capable Iran possessing intercontinental ballistic missiles, a development most experts expect could occur within a decade, would pose a direct nuclear threat to the United States. (b) Statement of policy It shall be the policy of the United States to prevent Iran from acquiring a nuclear weapons capability. I Human rights and terrorism sanctions 101. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran (a) In general Section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513(c)(2) ) is amended— (1) in subparagraph (D), by striking or at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (F) facilitates a significant transaction or transactions or provides significant financial services for— (i) a person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or 105C(a); or (ii) a person that exports sensitive technology to Iran and is subject to the prohibition on procurement contracts as described in section 106. . (b) Effective date The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to any activity described in subparagraph (F) of section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (as added by subsection (a)(3) of this section) initiated on or after the date that is 90 days after such date of enactment. (c) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a). 102. Prevention of diversion of certain goods, services and technologies to Iran (a) Definitions Section 301(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8541(1) ) is amended by striking knows or has reason to know and inserting knows, has reason to know, or should have known . (b) Identification of countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran Section 302(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8542(b) ) is amended— (1) in paragraph (1), by striking or at the end; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) that are— (A) items described in the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions); (B) items on the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions; (C) items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; (D) items on the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or (E) items on the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions. . (c) Destinations of diversion concern Section 303(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8543(c) ) is amended— (1) by striking Not later than and inserting the following: (1) In general Not later than ; and (2) by adding at the end the following new paragraph: (2) Additional measures (A) In general Except as provided in this section, the President may impose restrictions on United States foreign assistance or measures authorized under the International Emergency Economic Powers Act with respect to a country designated as a country of diversion concern if the President determines such restrictions or measures would prevent the transfer of United States-origin goods, services, and technology to Iran. (B) Exception The authority to impose sanctions under subparagraph (A) shall not include the authority to impose sanctions relating to the importation of goods. (C) Good defined In this paragraph, the term good has the meaning given that term in section 16 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2415 ) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )). . (d) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to countries identified in any update to the report that is required under section 302(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and submitted to Congress on or after such date of enactment. 103. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Subtitle A of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8741 et seq. ) is amended— (1) by redesignating section 304 as section 305; and (2) by inserting after section 303 the following new section: 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Not later than 30 days after the date of the enactment of this section, the Secretary of State shall determine if Iran’s Revolutionary Guard Corps meets the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (b) Affirmative determination If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps meets the criteria set forth under such section 219, the Secretary shall designate Iran’s Revolutionary Guard Corps as a foreign terrorist organization under such section 219. (c) Negative determination (1) In general If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps does not meet the criteria set forth under such section 219, the Secretary shall submit to the committees of Congress specified in subsection (e) a report that contains a detailed justification as to which criteria have not been met. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (d) Applicability of sanctions to Quds Force The sanctions applied to any entity designated as a foreign terrorist organization as set forth in such section 219 shall be applied to the Iran’s Revolutionary Guard Corps Quds Force. (e) Committees of Congress specified The committees of Congress specified in this subsection are the following: (1) The Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives. (2) The Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate. . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 304 and inserting the following: Sec. 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 305. Rule of construction. . 104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran (a) Finding and sense of Congress Section 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended to read as follows: (a) Finding and sense of Congress (1) Finding Congress finds that Iranian persons holding the following positions in the Government of Iran are ultimately responsible for and have and continue to knowingly order, control, direct and implement gross violations of the human rights of the Iranian people, the human rights of persons in other countries, censorship, and the diversion of food, medicine, medical devices, agricultural commodities and other goods intended for the Iranian people: (A) The Supreme Leader of Iran. (B) The President of Iran. (C) Members of the Council of Guardians. (D) Members of the Expediency Council. (E) The Minister of Intelligence and Security. (F) The Commander of the Iran’s Revolutionary Guard Corps. (G) The Commander of the Basij-e-Mostaz’afin. (H) The Commander of Ansar-e-Hezbollah. (I) The Commander of the Quds Force. (J) The Commander in Chief of the Police Force. (K) Senior officials or key employees of an organization described in any of subparagraphs (C) through (J) or in the Atomic Energy Organization of Iran, the Islamic Consultative Assembly of Iran, the Council of Ministers of Iran, the Assembly of Experts of Iran, the Ministry of Defense and Armed Forces Logistics of Iran, the Ministry of Justice of Iran, the Ministry of Interior of Iran, the prison system of Iran, or the judicial system of Iran. (2) Sense of Congress It is the sense of Congress that— (A) the President should include any Iranian person holding a position in the Government of Iran described in paragraph (1) on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8514(b) , 8514a(b), 8514b(b), or 8514c(b)); and (B) the President should impose sanctions on such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (b) Additional finding and sense of Congress Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Additional finding and sense of Congress (1) Finding Congress finds that other senior officials of the Government of Iran, its agencies and instrumentalities, also have and continue to knowingly order, control, direct, and implement gross violations of the human rights of the Iranian people and the human rights of persons in other countries. (2) Sense of Congress It is the sense of Congress that— (A) the President should investigate violations of human rights described in paragraph (1) to identify other senior officials of the Government of Iran that also have or continue to knowingly order, control, direct, and implement gross violations of human rights of the Iranian people and the human rights of persons in other countries; (B) the President should include any such official on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8514(b) , 8514a(b), 8514b(b), or 8514c(b)); and (C) the President should impose sanctions on any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (c) Report Section 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) (as redesignated by subsection (b) of this section) is amended— (1) by striking Not later than and inserting the following: (A) In general Not later than ; (2) by striking this Act and inserting the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years ; (3) by striking otherwise directing the commission of and inserting otherwise directing— (i) the commission of ; (4) by striking Iran. and inserting Iran; (ii) censorship or related activities with respect to Iran; or (iii) the diversion of goods, food, medicine, medical devices, and agricultural commodities, intended for the people of Iran. ; (5) by striking For any such person and inserting the following: (B) Requirement relating to persons not included For any such person ; and (6) by adding at the end the following new subparagraph: (C) Requirement relating to financial net worth For each such person described in subparagraph (A) and each such person described in subparagraph (B), the Secretary of State shall include in the report a description of the estimated net worth of the person. . (d) Additional report Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251), as amended by this section, is further amended by adding at the end the following new subsection: (d) Additional report (1) In general Not later than 180 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years, the Secretary of State shall submit to the appropriate congressional committees a detailed report with respect to whether each person described in subsection (a) or any family member of such person has facilitated deceptive transactions for or on behalf of any person subject to United States sanctions concerning Iran in violation of Executive Order 13608 of May 1, 2012 (77 Fed. Reg. 26409; 50 U.S.C. 1701 note) or any other provision of law. (2) Family member defined In this subsection, the term family member includes, with respect to a person, any relative of such person to the third degree of consanguinity. . (e) Conforming amendment The heading for section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended by striking committed against and all that follows and inserting , engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. . (f) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 401 and inserting the following: Sec. 401. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. . 105. Sense of Congress on elections in Iran (a) Findings Congress makes the following findings: (1) The Iranian people are systematically denied free, fair, and credible elections by the Government of the Islamic Republic of Iran. (2) The unelected and unaccountable Guardian Council disqualifies hundreds of qualified candidates, including women and most religious minorities, while the regime intimidates others into staying out of elections completely. (3) Voting inconsistencies, including an absence of international observers, and fraud are commonplace. (4) The 2009 presidential elections proved that the regime will engage in large scale vote-rigging to ensure a specific result. (5) The Iranian regime combines electoral manipulation with the ruthless suppression of dissent. Following the 2009 elections, peaceful demonstrators were met with violence by the regime’s security apparatus, including arbitrary detentions, beatings, kidnappings, rapes, and murders. (6) The electoral manipulation and human rights violations are in violation of the Government of Iran’s agreed to obligations under the United Nations International Covenant on Civil and Political Rights. (b) Sense of Congress It is the sense of the Congress that— (1) the Iranian people are deprived by their government of free, fair, and credible elections; (2) the United States should support freedom, human rights, civil liberties, and the rule of law in Iran, and elections that are free and fair, meet international standards, and allow independent international and domestic electoral observers unrestricted access to polling and counting stations; and (3) the United States should support the people of Iran in their peaceful calls for a representative and responsive democratic government that respects human rights, civil liberties, and the rule of law. 106. Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran It is the sense of Congress that the Secretary of State should designate a Special Coordinator position in the Bureau of Near Eastern Affairs whose primary function is to facilitate cooperation across departments for the purpose of advancing human rights and political participation for women in Iran, as well as to prepare evidence and information to be used in identifying Iranian officials for designation as human rights violators for their involvement in violating the human rights of women in Iran. II Economic and financial sanctions A Amendments to Iran Sanctions Act of 1996 201. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium (a) In general Section 5(b) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended by adding at the end the following new paragraph: (3) Transfer to Iran of goods, services, or technology that can be used for mining or milling of uranium Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly transferred, on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013, to Iran goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium. . (b) Conforming amendments Section 5 of such Act is amended in subsection (b)(3), (c), and (f) by striking paragraph (1) or (2) each place it appears and inserting paragraph (1), (2), or (3) . 202. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities Section 9(c)(1) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended— (1) by striking subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (B); and (3) in subparagraph (B) (as redesignated by paragraph (2) of this section)— (A) by striking or (B) each place it appears; and (B) by striking , as applicable . B Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012 211. Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran (a) Application to owners and subsidiaries Subsection (a) of section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( Public Law 111–195 ; 22 U.S.C. 8515 ) is amended— (1) by striking goods or services with a person and inserting the following: goods or services— (1) with a person ; (2) in paragraph (1), as added by paragraph (1) of this subsection, by striking the period at the end and inserting and inserting ; or ; and (3) by adding at the end the following new paragraph: (2) with respect to a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1). . (b) Sensitive technology defined Subsection (c)(1) of such section is amended by striking is to be used specifically and inserting has been designed or specifically modified . (c) Presidential determination and imposition of additional sanctions Such section, as so amended, is further amended by adding at the end the following new subsection: (e) Presidential determination and imposition of additional sanctions The President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) with respect to— (1) a person if the President determines that the person knowingly exports sensitive technology to Iran; or (2) a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1). . (d) Conforming amendment The heading of such section is amended by inserting and imposition of sanctions against after with . (e) Clerical amendment The table of contents for the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended by striking the item relating to section 106 and inserting the following: Sec. 106. Prohibition on procurement contracts with and imposition of sanctions against persons that export sensitive technology to Iran. . (f) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to exports of sensitive technology to Iran that occur on or after such date of enactment. 212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors (a) In general Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8532 ) is amended by striking subsections (a), (b), and (c) and inserting the following: (a) Sense of congress It is the sense of Congress that the United States should respect the decision of any State or local government to divest from or prohibit the investment of assets of the State or local government in a person described in subsection (c) or to impose disclosure and transparency requirements on any person subject to the jurisdiction of such government, except with respect to an activity that is exempt, licensed, or otherwise authorized by a Federal department or agency. (b) Authority Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d)— (1) to divest the assets of the State or local government from a person described in subsection (c); (2) to prohibit investment of the assets of the State or local government in any such person; or (3) to impose disclosure and transparency requirements on any person subject to the jurisdiction of such government, except with respect to an activity that is exempt, licensed, or otherwise authorized by a Federal department or agency. (c) Persons described A person described in this subsection is a person with respect to which sanctions have been, and continue to be, imposed pursuant to— (1) section 104(c) of this Act; (2) section 5 of the Iran Sanctions Act of 1996 ( 50 U.S.C. 1701 note); (3) section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d) ); or (4) sections 1244, 1245, 1246 or 1247 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8803 , 8804, 8805, or 8806). . (b) Conforming amendments Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8532 ) is amended— (1) in subsection (d)(4), by striking engages in investment activities in Iran described in subsection (c) and inserting is a person described in subsection (c) ; (2) in subsection (f), by striking or (i) and inserting or (g) ; (3) by striking subsection (h) and by redesignating subsections (i) and (j) as subsections (h) and (i), respectively; and (4) in paragraph (1) of subsection (i) (as redesignated by paragraph (3) of this subsection), by striking (determined without regard to subsection (c)) . (c) Effective date The amendments made by this section apply to measures adopted by State and local governments on or after the date of the enactment of this Act. 213. Sense of Congress regarding the European Central Bank (a) Findings Congress finds the following: (1) The Government of Iran, its agencies and instrumentalities, continue to have access to, and utilize, euro-denominated transactions, including for goods and services that are subject to sanctions imposed by the United States, the European Union and its member states and by the United Nations. (2) The Guidelines of the European Central Bank (Article 39(1)) states that: Participants shall be deemed to be aware of, and shall comply with, all obligations on them relating to legislation on data protection, prevention of money laundering and the financing of terrorism, proliferation-sensitive nuclear activities and the development of nuclear weapons delivery systems, in particular in terms of implementing appropriate measures concerning any payments debited or credited on their PM accounts. (3) United States and European convergence with respect to United States sanctions efforts toward the Government of Iran is a vital component of United States policy aimed at preventing the Government of Iran from acquiring a nuclear weapons capability. (b) Sense of Congress It is the sense of Congress that the President should continue to closely coordinate and cooperate with the European Union and its member states to restrict access to and use of the euro currency by the Government of Iran, its agencies and instrumentalities, for transactions with the exception of food, medicine, medical devices, and agricultural commodities. 214. Imposition of sanctions with respect to certain transactions in foreign currencies (a) Imposition of sanctions Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 et seq. ) is amended by inserting after section 220 the following: 220A. Imposition of sanctions with respect to certain transactions in foreign currencies (a) In general Except as provided in this section, the President— (1) shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that is a person described in subsection (c); and (2) may impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) with respect to any other person described in subsection (c). (b) Exception The authority to impose sanctions under subsection (a)(2) shall not include the authority to impose sanctions relating to the importation of goods. (c) Person described A person described in this subsection is a person the President determines has— (1) knowingly conducted or facilitated a significant transaction involving the currency of a country other than the country in which the person is operating at the time of the transaction with, for, or on behalf of— (A) the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); or (B) a person described in section 1244(c)(2) of the Iran Freedom and Counter-Proliferation Act ( 22 U.S.C. 8803(c)(2) ) (other than a person described in subparagraph (C)(iii) of that section); or (2) knowingly conducted or facilitated a significant transaction by another person involving the currency of a country other than the country in which that other person is operating at the time of the transaction, with, for, or on behalf of a person described in subparagraph (A) or (B) of paragraph (1). (d) Waiver (1) In general The President may waive the application of subsection (a) with respect to a person for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, if the President— (A) determines that the waiver is vital to the national security of the United States; and (B) not less than 7 days before the waiver or the renewal of the waiver, as the case may be, takes effect, submits a report to the appropriate congressional committees on the waiver and the reason for the waiver. (2) Form of report Each report submitted under paragraph (1)(B) shall be submitted in unclassified form but may include a classified annex. (e) Rule of construction Nothing in this section shall be construed to prohibit any person from, or authorize or require the imposition of sanctions with respect to any person for, conducting or facilitating any transaction in the currency of the country in which the person is operating at the time of the transaction for the sale of agricultural commodities, food, medicine, or medical devices. (f) Definitions In this section: (1) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Agricultural commodity The term agricultural commodity has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5602 ). (3) Foreign financial institution The term foreign financial institution has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (4) Good The term good has the meaning given that term in section 16 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2415 ) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )). (5) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513b(d) ). (6) Medical device The term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (7) Medicine The term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (8) Transaction The term transaction includes a foreign exchange swap, a foreign exchange forward, and any other type of similar currency exchange or conversion or similar derivative instrument. . (b) Conforming amendments (1) Implementation Section 601(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8781(a)(1) ) is amended by inserting 220A, after 220, . (2) Penalties Section 601(b)(2)(A) of such Act ( 22 U.S.C. 8781(b)(2)(A) ) is amended by striking and 220, and inserting 220, and 220A, . (3) Termination Section 605(a) of such Act ( 22 U.S.C. 8785(a) ) is amended by inserting 220A, after 220, . (c) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 220 the following: Sec. 220A. Imposition of sanctions with respect to certain transactions in foreign currencies. . (d) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after May 22, 2013. 215. Sanctions with respect to certain transactions with Iran (a) In general Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 et seq. ) is amended by adding at the end the following new section: 225. Sanctions with respect to certain transactions with Iran (a) Authorization of sanctions (1) In general Except as provided in this section, the President may impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) on a foreign person that the President determines has, on or after the date that is 60 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly conducted or facilitated a significant financial transaction with the Central Bank of Iran or other Iranian financial institution that has been designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act, for— (A) the purchase of goods or services by a person in Iran or on behalf of a person in Iran; or (B) the purchase of goods or services from a person in Iran or on behalf of a person in Iran. (2) Exception (A) In general The authority to impose sanctions under paragraph (1) shall not include the authority to impose sanctions relating to the importation of goods. (B) Good In this paragraph, the term good has the meaning given that term in section 16 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2415 ) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )). (3) Rule of construction Nothing in this section shall be construed to affect the imposition of sanctions with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran under section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648). (b) Exception for overall reductions of exports to and imports from Iran (1) In general The President is authorized not to impose sanctions under subsection (a) on a foreign person if the President determines and submits to the appropriate congressional committees a report that contains a determination of the President that the country with primary jurisdiction over the foreign person has, during the time period described in paragraph (2), significantly reduced the value and volume of imports and exports of goods (other than petroleum or petroleum products) and services between such country and Iran. (2) Time period described The time period referred to in paragraph (1) is the 60-day period ending on the date on which the President makes the determination under paragraph (1) as compared to the immediately preceding 60-day period. (c) Exception for sales of agricultural commodities, food, medicine and medical devices The President may not impose sanctions under subsection (a) on a foreign person with respect to a transaction for the sale of agricultural commodities, food, medicine or medical devices to Iran. (d) Definitions In this section: (1) Foreign person The term foreign person has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note). (2) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513b(d) ). . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 224 the following: Sec. 225. Sanctions with respect to certain transactions with Iran. . C Other matters 221. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions (a) Exception to applicability of sanctions with respect to petroleum transactions Section 1245(d)(4)(D)(i)(I) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648; 22 U.S.C. 8513a(d)(4)(D)(i)(I) ) is amended— (1) by striking reduced reduced and inserting reduced ; (2) by inserting value and before volume ; (3) by inserting or of Iranian origin after from Iran ; and (4) by adding at the end before the semicolon the following: , and the President certifies in writing to Congress that the President has based such determination on accurate information on that country’s total purchases of crude oil from Iran or of Iranian origin . (b) Financial transactions described Section 1245(d)(4)(D)(ii)(II) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648) is amended— (1) by striking (II) and inserting (II)(aa) ; (2) in item (aa) (as designated by paragraph (1) of this subsection), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new item: (bb) the foreign financial institution holding the account described in item (aa) does not knowingly facilitate any significant financial transfers for, with, or on behalf of the Government of Iran, unless the transaction is excepted from sanctions under paragraph (2) or is a transaction described in subclause (I) and item (aa). . (c) Strategy to reduce crude oil purchases from Iran or of Iranian origin (1) Statement of policy It is the policy of the United States to seek to ensure that countries that have received an exception under subparagraph (D)(i)(I) of section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648) shall reduce their crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subparagraph (E)(ii) of such section (as added by paragraph (2) of this subsection). (2) Amendment Section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648) is amended by adding at the end the following new subparagraph: (E) Strategy to reduce crude oil purchases from Iran or of Iranian origin (i) In general Not later than 30 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, the President shall make a determination, based on the information contained in the most recent report required under subparagraph (A), of whether each country that received an exception under subparagraph (D)(i)(I) before such date of enactment is able to reduce its crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in clause (ii). If the President makes an initial determination under this clause that the requirements of this clause cannot be met, then the President shall continue to make a determination under this clause every 90 days thereafter as to whether or not the requirements of this clause can be met. (ii) Strategy If the President determines that the requirements of clause (i) can be met, then not later than 60 days after the date of such affirmative determination, the President shall develop and submit to the appropriate congressional committees a strategy to seek to ensure that the requirements of clause (i) are met by the end of the 1-year period beginning on such date of submission. (iii) Future exceptions (I) Affirmative determination If the President determines that the strategy described in clause (ii) was achieved, then each country described in clause (i) shall be eligible to receive one or more further exceptions under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph. (II) Negative determination Except as provided in subclause (III), if the President determines that the strategy described in clause (ii) was not achieved, then each country described in clause (i) shall be ineligible to receive any further exception under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph. (III) Exception (aa) In general Subclause (II) shall not apply with respect to a country described in clause (i) if the country— (AA) dramatically reduced its crude oil purchases from Iran or of Iranian origin during the 1-year period described in clause (ii); and (BB) has committed itself to continue to reduce its crude oil purchases from Iran or of Iranian origin to a de minimis level. (bb) Data The President shall submit to the appropriate congressional committees all data used to make a determination under item (aa) not later than 15 days before issuing an exception under item (aa). (iv) Appropriate congressional committees In this subparagraph, the term appropriate congressional committees means— (I) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (II) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. . (d) Definition of crude oil Section 1245(d)(4)(D) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d)(4)(D) ) is amended by adding at the end the following new clause: (iii) Crude oil In this subparagraph, the term crude oil includes unfinished oils, liquefied petroleum gases, distillate fuel oil, and residual fuel oil. . (e) Waiver Section 1245(d)(5)(A) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d)(5)(A) ) is amended by striking in the national and inserting vital to the national . (f) Definitions of significant reduction Section 1245(h)(3) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(h)(3) ) is amended— (1) by striking price or volume and inserting price and volume ; and (2) by adding at the end before the period the following: and at least a pro rata amount totaling, in the aggregate, not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subsection (d)(4)(E)(ii) . (g) Effective date The amendments made by this section take effect beginning on the date that is 180 days after the date of the enactment of this Act. 222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran (a) Findings Subsection (a)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8803 ) is amended by striking and shipbuilding and inserting shipbuilding, automotive, construction, engineering, or mining . (b) Designation of ports, special economic zones, free economic zones, and entities in strategic sectors as entities of proliferation concern Subsection (b) of such section is amended— (1) in the subsection heading, by striking and entities in the energy, shipping, and shipbuilding sectors and inserting , special economic zones, free economic zones, and entities in strategic sectors ; and (2) by striking and entities in the energy, shipping, and shipbuilding sectors and inserting , entities that operate special economic zones or free economic zones, and entities in strategic sectors (as defined in subsection (c)(4)) . (c) Blocking of property of ports, special economic zones, free economic zones, and entities in strategic sectors Subsection (c) of such section is amended— (1) in the subsection heading, by striking entities in energy, shipping, and shipbuilding sectors and inserting ports, special economic zones, free economic zones, and entities in strategic sectors ; (2) in paragraph (2)— (A) by striking the energy, shipping, or shipbuilding sectors each place it appears and inserting a strategic sector (as defined in paragraph (4)(A)) ; and (B) by inserting , special economic zone, or free economic zone after port each place it appears; and (3) by adding at the end the following new paragraphs: (4) Strategic sector defined In this section, the term strategic sector means— (A) the energy, shipping, shipbuilding, automotive, or mining sector of Iran; and (B) the construction or engineering sector of Iran if the President determines and reports to Congress not later than 45 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013 that the construction or engineering sector of Iran, as the case may be, is of strategic importance to Iran. (5) Notification and report relating to strategic sectors (A) Notification The President shall submit to Congress a notification of the designation of a sector as a strategic sector of Iran for purposes of paragraph (4)(C) not later than 30 days after the date on which the President makes such designation. (B) Report Not later than 90 days after the date on which the President submits to Congress a notification of the designation of a sector as a strategic sector of Iran under subparagraph (A), the Comptroller General of the United States shall submit to Congress a report that contains— (i) a review and comment on such designation; and (ii) recommendations regarding the designation of additional sectors as strategic sectors of Iran for purposes of paragraph (4). . (d) Additional sanctions with respect to strategic sectors Subsection (d) of such section is amended— (1) in the subsection heading, by striking the energy, shipping, and shipbuilding sectors and inserting strategic sectors ; and (2) in paragraph (3), by striking the energy, shipping, or shipbuilding sectors and inserting a strategic sector (as defined in subsection (c)(4)(A)) . (e) Exception for Afghanistan reconstruction Subsection (f) of such section is amended— (1) in the matter preceding paragraph (1), by inserting for a period of not more than 1 year, and may renew that exception for additional periods of not more than 1 year after economic development for Afghanistan ; (2) in paragraph (1)— (A) by striking to the extent that and inserting if ; (B) by inserting or the renewal of the exception, as the case may be, after such an exception ; and (C) by striking in the national interest and inserting in the national security interest ; and (3) in paragraph (2)— (A) by inserting or the renewal of the exception, as the case may be, before not later than 15 days ; and (B) by inserting at the end before the period the following: or the renewal of the exception . (f) Conforming amendment Such section is further amended in the section heading by striking the energy, shipping, and shipbuilding sectors and inserting ports, special economic zones, free economic zones, and strategic sectors . (g) Effective date The amendments made by this section— (1) take effect on the date that is 90 days after the date of the enactment of this Act; and (2) (A) with respect to subsection (c) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, as so amended, apply with respect to all transactions in all property and interests in property of any person described in subsection (c)(2) of such section that occur on or after the date that is 180 days after such date of enactment; and (B) (i) with respect to subsection (d)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment; and (ii) with respect to subsection (d)(2) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the conduct or facilitation of a significant financial transaction for the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment. 223. Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran Section 1245 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8804 ) is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: (h) Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran (1) In general Not later than 90 days after the date of the enactment of Nuclear Iran Prevention Act of 2013, and every 90 days thereafter, the President shall submit to the appropriate congressional committees a report on each determination of the President during the preceding 90-day period not to impose sanctions under subsection (a) or (c) with respect to a person who allegedly sells, supplies, or transfers precious metals, directly or indirectly, to or from Iran, together with the reasons for such determination. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary. . 224. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals Section 1247 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8806 ) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: (f) Persons owned or controlled by specially designated nationals (1) In general The President shall impose sanctions described in subsection (a) with respect to a foreign financial institution, including but not limited to a foreign central bank, that the President determines has, on or after the date that is 90 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly facilitated a significant financial transaction on behalf of any person determined by the President to be directly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)). (2) Sense of Congress It is the sense of Congress that the President routinely should determine on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013 those persons that are directly or indirectly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)). (3) Consideration of data from other countries and nongovernmental organizations The President shall consider credible data already obtained by other countries and nongovernmental organizations in making determinations described in paragraph (1). . 225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013 Subtitle D of title XII of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8801 et seq. ) is amended— (1) in section 1244— (A) in subsection (c)(1)— (i) by striking (1) Blocking of property .— and all that follows through On and after and inserting (1) Blocking of property .—On and after ; and (ii) by striking subparagraph (B); and (B) in subsection (d)(1)— (i) by striking (1) Sale, supply, or transfer of certain goods and services .— and all that follows through Except as provided and inserting (1) Sale, supply, or transfer of certain goods and services .—Except as provided ; and (ii) by striking subparagraph (B); (2) in section 1245(a)— (A) by striking (a) sale, supply, or transfer of certain materials .— and all that follows through The President and inserting (a) sale, supply, or transfer of certain materials .—The President ; (B) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); (C) in paragraph (3)(B) (as redesignated by subparagraph (B) of this paragraph)— (i) in clause (i), by striking subclause (I) of clause (i) and inserting clause (i) of subparagraph (A) ; (ii) in clause (ii), by striking subclause (II) of that clause and inserting clause (ii) of that subparagraph ; and (iii) in clause (iii), by striking subclause (III) of that clause and inserting clause (iii) of that subparagraph ; and (D) by striking (2) exception .— and all that follows through paragraph (1). ; and (3) in section 1246(a)— (A) by striking (a) imposition of sanctions .— and all that follows through Except as provided and inserting (a) imposition of sanctions .—Except as provided ; (B) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); and (C) by striking (2) exception .— and all that follows through paragraph (1). ; and 226. Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran (a) Modification of federal acquisition regulation Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person under common ownership or control with the person, does not sell goods, services, or technology to, or conduct any other transaction with, Iran for which sanctions may be imposed under this Act. (b) Remedies (1) In general If the head of an executive agency determines that a person has submitted a false certification under subsection (a) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this section becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations. (2) Inclusion on list of parties excluded from federal procurement and nonprocurement programs The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under paragraph (1). (c) Rule of construction This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (a). (d) Waivers (1) In general The President may on a case-by-case basis waive the requirement that a person make a certification under subsection (a) if the President determines and certifies in writing to the congressional committees described in paragraph (2) that it is essential to the national security interests of the United States to do so. (2) Congressional committees described The congressional committees referred to in paragraph (1) are— (A) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Oversight and Government Reform of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate. (e) Definitions In this section: (1) Executive agency The term executive agency has the meaning given that term in section 133 of title 41, United States Code. (2) Federal Acquisition Regulation The term Federal Acquisition Regulation means the regulation issued pursuant to section 1303(a)(1) of title 41, United States Code. (f) Applicability The revisions to the Federal Acquisition Regulation required under subsection (a) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of this Act. 227. Conditions for entry and operation of vessels (a) In general The Ports and Waters Safety Act ( 33 U.S.C. 1221 et seq. ) is amended by adding at the end the following: 16. Prohibition on entry and operation (a) Prohibition (1) In general No foreign vessel described in subsection (b) shall enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States. (2) Limitation on Application Paragraph (1) shall not apply with respect to a vessel described in subsection (b)(2) on and after any date on which the Secretary of State determines that the vessel is no longer registered as described in that subsection. The Secretary of State shall publish a notice of each such determination in the Federal Register. (b) Vessels described A vessel referred to in subsection (a) is a foreign vessel for which a Notice of Arrival is required to be filed under section 160 of title 33, Code of Federal Regulations, as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013, and that— (1) is on a list of vessels published in Federal Register under subsection (c)(2); or (2) more than 180 days after the publication of such a list, is registered, pursuant to the Geneva Convention on the High Seas (13 U.S.T. 2312; TIAS 5200; 450 UNTS 82), by a government the agents or instrumentalities of which are maintaining a registration of a vessel that is included in such list. (c) Information and publication The Secretary of Transportation, in consultation with the Secretary of State, shall— (1) maintain timely information on registrations of all foreign vessels over 300 gross tons that are— (A) owned or operated by or on behalf of— (i) the National Iran Tanker Company or the Islamic Republic of Iran Shipping Line; or (ii) any successor to an entity referred to in clause (i); or (B) otherwise owned or operated by or on behalf of Iran; and (2) publish in the Federal Register a list of vessels described in paragraph (1), including periodic updates of such list. (d) Notification of governments The Secretary of State shall notify each government the agents or instrumentalities of which are maintaining a registration of a foreign vessel that is included on the list published under subsection (c)(2), that all vessels registered under such government’s authority are subject to the prohibition under subsection (a) if more than 180 days after such publication the government continues to maintain a registration for a vessel that is included on the list published under subsection (c)(2). (e) Notification of vessels Upon receiving a Notice of Arrival under section 160 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013) from a vessel described in (b), the Secretary shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States, unless— (1) the Secretary has made a determination described in subsection (a)(2); or (2) the Secretary allows provisional entry of the vessel, or transfer of cargo from the vessel, under subsection (f). (f) Provisional entry or cargo transfer Notwithstanding subsection (e), the Secretary may allow provisional entry of, or transfer of cargo from, a foreign vessel described in subsection (b), if such entry or transfer is necessary for the safety of the vessel or persons aboard. (g) Right of innocent passage This section shall not be construed as authority to restrict the right of innocent passage as recognized under international law. (h) Foreign vessel defined In this section the term foreign vessel has the meaning given that term in section 110 of title 46, United States Code. . (b) Deadline for publication The Secretary shall publish a list under section 16(c)(2) of the Ports and Waterways Safety Act, as amended by this section, by not later than 180 days after the date of the enactment of this Act. (c) Conforming Amendments (1) Section 13(e) of the Ports and Waterways Safety Act ( 33 U.S.C. 1232(e) ) is amended by striking section 9 and inserting sections 9 and 16 . (2) Section 4(b)(2) of the Ports and Waterways Safety Act ( 33 U.S.C. 1223(b)(2) ) is amended by striking section 9 and inserting section 9 or 16 . III Additional authorities to prevent censorship activities in Iran 301. Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the following: (1) The current status of availability of the Islamic Republic of Iran Broadcasting (IRIB) on international satellites, entities that facilitate its operation by providing services or equipment, and the technical means that it engages in jamming. (2) The instances, since January 1, 2012, in which the IRIB engaged in activities that violated Article 19 of the International Covenant on Civil and Political Rights, including broadcasting forced confessions and hate speech against minorities. (3) The instances, since January 1, 2012, in which international broadcasting programs originating from the United States and Europe have been subject to disruption in Iran, with relevant details such as which programs were disrupted, available location information on the origin of the disruption, and the extent of the disruption. (b) Coordination In developing the report required by subsection (a), the Secretary of State shall coordinate with the Broadcasting Board of Governors, the Secretary of the Treasury, and the heads of other relevant Federal departments and agencies. (c) Public availability All unclassified portions of the report required by subsection (a) shall be made publicly available on the Internet web site of the Department of State. 302. List of persons who are high-risk re-exporters of sensitive technologies (a) In general Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Commerce, in conjunction with the Secretary of State and the Secretary of the Treasury, shall make publicly available and update as appropriate a list of persons who are high-risk re-exporters of sensitive technologies in order to seek to ensure that the Government of Iran or an entity owned or controlled by that Government is unable to obtain sensitive technologies through the re-export of such sensitive technologies by third-party intermediaries. (b) Definition In this section, the term sensitive technology has the meaning given that term in section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8515 ). 303. Sense of Congress on provision of intercept technologies to Iran It is the sense of Congress that— (1) those that provide intercept technologies that limit freedom of speech or expression to the Government of Iran should be held accountable for the repression of the Iranian people; and (2) no person should use an existing contract with the Government of Iran as a justification to continue to supply intercept technologies to the Government of Iran for purposes of restricting the free flow of information. 304. Sense of Congress on availability of consumer communication technologies in Iran It is the sense of Congress that— (1) the Department of State should encourage the free flow of information in Iran to counter the Government of Iran’s repression of its own people; and (2) in order to facilitate the free flow of information in Iran, the Department of State should promote the availability of certain consumer communication technologies to Iranian civil society and the Iranian people. 305. Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate (a) In general Section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8753 ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: (e) Rule of construction The expedited process for the consideration of complete requests for authorization to engage in the activities described in subsection (a) shall be construed to also apply to the transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate, obtain information, and access the Internet and other communications systems. . (b) Effective date The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to requests described in section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012, as so amended, that are submitted to the Office of Foreign Assets Control on or after such date of enactment. IV Reports and other matters 401. National Strategy on Iran (a) National strategy required The President shall develop a strategy, to be known as the National Strategy on Iran , that provides strategic guidance for activities that support the objective of addressing the threats posed by Iran. (b) Annual report Not later than 180 days after the date of the enactment of this Act or January 30, 2014, whichever occurs first, and every January 30 thereafter, the President shall submit to the appropriate congressional committees the National Strategy on Iran required under subsection (a). (c) Matters To be included The report required under subsection (b) shall include, at a minimum, the following: (1) A description of Iran’s grand strategy and security strategy, including strategic objectives, and the security posture and objectives of Iran. (2) A description of the United States strategy to— (A) address and counter the capabilities of Iran’s conventional forces and Iran’s unconventional forces; (B) disrupt and deny Iranian efforts to develop or augment capabilities related to nuclear, unconventional, and missile forces development; (C) address the Government of Iran’s economic strategy to enable the objectives described in this subsection; (D) exploit key vulnerabilities; and (E) combat Iranian efforts to suppress Internet freedom, including actions of the United States to— (i) work to promote expanded Internet access for democracy activists in Iran; (ii) add a public diplomacy page to the United States’ virtual embassy in Iran; and (iii) leverage multilateral organizations committed to Internet connectivity in Iran. (3) An implementation plan for the United States strategy described in paragraph (2). (d) Form The report required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (e) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select Committee on Intelligence of the Senate. 402. Report on Iranian nuclear and economic capabilities (a) In general Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the following: (1) An estimate of the timeline for Iranian capabilities to develop nuclear weapons, including— (A) an estimate of the period of time it would take Iran to produce enough weapons-grade uranium for a single implosion-type nuclear weapon, taking into account all known relevant technical data; (B) an estimate of the period of time it would take Iran to produce sufficient separated plutonium for a single nuclear weapon; (C) a description of the assumptions underlying the estimates referred to in subparagraphs (A) and (B), and any information about developments that might alter or otherwise affect those assumptions; (D) an estimate of the date by which the periods of time referred to in subparagraphs (A) and (B) will be less than 45 days; and (E) a description of any efforts by the United States to increase the frequency of inspections by the International Atomic Energy Agency of nuclear facilities in Iran. (2) An assessment of Iranian strategy and capabilities relating to development of nuclear weapons, including— (A) a summary and analysis of current nuclear weapons capabilities; (B) an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran to develop its nuclear weapons capabilities; (C) a summary of the capabilities of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces; (D) a detailed analysis of the effectiveness of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces as delivery systems for a nuclear device; (E) a description of all efforts of Iran to design and develop a nuclear weapon, including efforts to design or fit warheads, and any other possible military dimensions of the nuclear program of Iran; and (F) an analysis of the procurement network, including the amount and sources of funding expended by Iran on programs to develop a nuclear weapons capability. (3) Projected economic effects of international sanctions on Iran, including— (A) an estimate of the capital accounts, current accounts, and amounts of foreign exchange reserves (including access to foreign exchange reserves) of the Government of Iran, and other leading indicators of the status of the economy of Iran; (B) an estimate of timelines with respect to macroeconomic viability of Iran, including the time by which the Government of Iran will exhaust its foreign exchange reserves; (C) an estimate of the date by which the reserves of the Central Bank of Iran will be insufficient for the Government of Iran to avoid a severe balance of payments crisis that prevents it from maintaining a functioning economy, including— (i) the inflation rate, exchange rates, unemployment rate, and budget deficits in Iran; and (ii) other leading macroeconomic indicators used by the International Monetary Fund, professional rating agencies, and other credible sources to assess the economic health of a country; (D) a description of the assumptions underlying the estimate referred to in paragraph (3) and an indication of how changes in each of those assumptions could affect the estimate; (E) an assessment of the effect of sanctions imposed with respect to Iran on moving forward the date referred to in subparagraph (C); and (F) a description of actions taken by the Government of Iran to delay the date referred to in subparagraph (C). (b) Update The President shall submit to the appropriate congressional committees an update of the report required by subsection (a) every 60 days after the date of submission of the report that includes any pertinent developments to Iranian nuclear or economic capabilities. (c) Form The report required under subsection (a) and the update required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate. (2) Nuclear explosive device The term nuclear explosive device means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). 403. Report on plausibility of expanding sanctions on Iranian oil (a) In general Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report assessing the following: (1) Whether petroleum and petroleum products originating in and exported from Iran are refined and sold outside of Iran. (2) Whether products that contain Iranian-origin petroleum or petroleum products as part of their contents are imported into the United States and, if any such products are imported into the United States, whether such importation violates the ban on importation into the United States of Iranian-origin petroleum or petroleum products. (3) Whether it is feasible to ban the importation into the United States of products described in paragraph (2), regardless of whether the ban on importation into the United States of Iranian-origin petroleum or petroleum products applies to such products. (b) Basis of report The report required under subsection (a) may be based on publicly-available information and classified information. The information that is not classified information shall be made publically available. (c) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate. 404. GAO report on Iranian strategy to evade current sanctions and other matters Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (1) evaluates the strategy of the Government of Iran to evade current economic and financial sanctions; and (2) specifically evaluates the ability of Iran to successfully diversify its economy beyond its energy sector, thereby lessening the impact and effectiveness of economic and financial sanctions. 405. Authority to consolidate reports required under Iran sanctions laws (a) In general Any or all reports required to be submitted to Congress under the provisions of law described in subsection (c) that are subject to a deadline for submission consisting of the same unit of time may be consolidated into a single report that is submitted to Congress pursuant to such deadline. (b) Exception Subsection (a) shall not apply with respect to the initial report of any report described in subsection (a). (c) Provisions of law described The provisions of law referred to in this section are the following: (1) This Act and the amendments made by this Act. (2) The Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 et seq. ). (3) The Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8701 et seq. ). (4) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8501 et seq. ). (d) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to reports required to be submitted to Congress under the provisions of law described in subsection (c) on or after such date of enactment. 406. Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012 (a) Iran Sanctions Act of 1996 Section 14(4)(B) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended by striking may include, in the discretion of the President and inserting includes . (b) Iran Threat Reduction and Syria Human Rights Act of 2012 Section 211 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 ) is amended by adding at the end the following new subsection: (f) Definition In this section, the term appropriate congressional committees includes the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. . 407. Rule of construction Nothing in this Act or any amendment made by this Act shall be construed to apply with respect to— (1) any activity relating to a project described in subsection (a) of section 603 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8783 ) to which the exception under that section applies at the time of the activity; or (2) any authorized intelligence activity of the United States. 408. Implementation; penalties (a) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act and the amendments made by this Act. (b) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any amendment made by this Act or regulations prescribed under this Act to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act ( 50 U.S.C. 1705(a) ). 409. Severability (a) In general If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected. (b) Effective date under section 214 If subsection (d) of section 214 is found to be unconstitutional in accordance with subsection (a), the amendments made by such section 214 take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after such date of enactment.\n\nPassed the House of Representatives July 31, 2013. Karen L. Haas, Clerk."}}},{"rowIdx":1583,"cells":{"tv_id":{"kind":"string","value":"113-hr-850-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-850"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":850,"string":"850"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr850ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr850ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:37.684"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 850 IH: Nuclear Iran Prevention Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title and table of\n\t\t\t contents\n \n \n \n (a)\n \n \n Short\n\t\t\t title\n \n \n This Act may be cited\n\t\t\t as the\n \n \n \n \n (b)\n \n \n Table of\n\t\t\t contents\n \n \n The table of\n\t\t\t contents for this Act is as follows:\n \n \n \n Sec. 1. Short title and table of contents.\n \n \n Sec. 2. Findings and statement of policy.\n \n \n Title I—Human rights and terrorism sanctions\n \n \n Sec. 101. Designation of Iran’s Revolutionary Guard Corps as\n\t\t\t\tforeign terrorist organization.\n \n \n Sec. 102. Imposition of sanctions on certain persons\n\t\t\t\tresponsible for or complicit in human rights abuses, engaging in censorship, or\n\t\t\t\tengaging in the diversion of goods intended for the people of Iran.\n \n \n Sec. 103. Mandatory sanctions with respect to financial\n\t\t\t\tinstitutions that engage in certain transactions on behalf of persons involved\n\t\t\t\tin human rights abuses or that export sensitive technology to Iran.\n \n \n Title II—Economic and financial sanctions\n \n \n Sec. 201. Sanctions with respect to certain transactions with\n\t\t\t\tIran.\n \n \n Sec. 202. Imposition of sanctions with respect to foreign\n\t\t\t\tfinancial institutions that facilitate financial transactions on behalf of\n\t\t\t\tpersons owned or controlled by specially designated nationals.\n \n \n Sec. 203. Imposition of sanctions with respect to the Central\n\t\t\t\tBank of Iran and other Iranian financial institutions.\n \n \n Sec. 204. Sense of Congress regarding the European Central\n\t\t\t\tBank.\n \n \n Title III—Miscellaneous provisions\n \n \n Sec. 301. Report on Iranian nuclear and economic\n\t\t\t\tcapabilities.\n \n \n Sec. 302. National Strategy on Iran.\n \n \n Sec. 303. Government Accountability Office report on sanctions\n\t\t\t\tenforcement.\n \n \n \n \n \n \n 2.\n \n \n Findings and\n\t\t\t statement of policy\n \n \n \n (a)\n \n \n Findings\n \n \n Congress finds the following:\n \n \n \n (1)\n \n \n Iran’s acquisition\n\t\t\t of a nuclear weapons capability would—\n \n \n \n (A)\n \n \n embolden its\n\t\t\t already aggressive foreign policy, including its arming of terrorist\n\t\t\t organizations and other groups, its efforts to destabilize countries in the\n\t\t\t Middle East, and its efforts to target the United States, United States allies,\n\t\t\t and United States interests globally;\n \n \n \n \n (B)\n \n \n increase the risk\n\t\t\t that Iran would share its nuclear technology and expertise with extremist\n\t\t\t groups and rogue nations;\n \n \n \n \n (C)\n \n \n destabilize global\n\t\t\t energy markets, posing a direct and devastating threat to the American and\n\t\t\t global economy; and\n \n \n \n \n (D)\n \n \n likely lead other\n\t\t\t governments in the region to pursue their own nuclear weapons programs,\n\t\t\t increasing the prospect of nuclear proliferation throughout the region and\n\t\t\t effectively ending the viability of the global nonproliferation regime,\n\t\t\t including the Treaty on the Non-Proliferation of Nuclear Weapons.\n \n \n \n \n \n (2)\n \n \n A\n\t\t\t nuclear arms-capable Iran possessing intercontinental ballistic missiles, a\n\t\t\t development most experts expect could occur within a decade, would pose a\n\t\t\t direct nuclear threat to the United States.\n \n \n \n \n \n (b)\n \n \n Statement of\n\t\t\t policy\n \n \n It shall be the policy of the United States to prevent\n\t\t\t Iran from acquiring a nuclear weapons capability.\n \n \n \n \n <enum>\n I\n </enum>\n <header>\n Human\n\t\t\t rights and terrorism sanctions\n </header>\n <section commented=\"no\" id=\"H9F64E37DCC8241CBB32DC20C07706C48\" section-type=\"subsequent-section\">\n <enum>\n 101.\n </enum>\n <header>\n Designation of\n\t\t\t Iran’s Revolutionary Guard Corps as foreign terrorist organization\n </header>\n <subsection commented=\"no\" id=\"HA99309A8DD3B4CC696306BBC32AF0C21\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n Subtitle A of title\n\t\t\t III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C.\n\t\t\t 8741 et seq.) is amended—\n </text>\n <paragraph commented=\"no\" id=\"H066FB81842ED4C6099B502FCE84E575F\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating\n\t\t\t section 304 as section 305; and\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"H5BC3CCA5E9D14E6896CCBD1B24190E1E\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after\n\t\t\t section 303 the following new section:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HFB33C8E648B940128AB5D044AEE84E90\" style=\"OLC\">\n <section commented=\"no\" id=\"H6564F09D60AE4A1588FB13CFA2DA89E4\">\n <enum>\n 304.\n </enum>\n <header>\n Designation of\n\t\t\t\tIran’s Revolutionary Guard Corps as foreign terrorist organization\n </header>\n <subsection commented=\"no\" display-inline=\"no-display-inline\" id=\"H754BF1A3EBA345C687BBA176DCE9736F\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n Not later than 30 days after the date of the enactment of\n\t\t\t\tthis section, the Secretary of State shall determine if Iran’s Revolutionary\n\t\t\t\tGuard Corps meets the criteria for designation as a foreign terrorist\n\t\t\t\torganization as set forth in section 219 of the Immigration and Nationality Act\n\t\t\t\t(\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/8/1189\">\n 8 U.S.C. 1189\n </external-xref>\n ).\n </text>\n </subsection>\n <subsection commented=\"no\" id=\"H96848B409935400EAD0E883F0DEF21AA\">\n <enum>\n (b)\n </enum>\n <header>\n Affirmative\n\t\t\t\tdetermination\n </header>\n <text display-inline=\"yes-display-inline\">\n If the\n\t\t\t\tSecretary of State determines under subsection (a) that Iran’s Revolutionary\n\t\t\t\tGuard Corps meets the criteria set forth under such section 219, the Secretary\n\t\t\t\tshall designate Iran’s Revolutionary Guard Corps as a foreign terrorist\n\t\t\t\torganization under such section 219.\n </text>\n </subsection>\n <subsection commented=\"no\" id=\"H79BDCD37ED67499AAF0191EF431EB735\">\n <enum>\n (c)\n </enum>\n <header>\n Negative\n\t\t\t\tdetermination\n </header>\n <paragraph commented=\"no\" id=\"H5CFE5B49D41747129FE55E99D8CFAF25\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n If the Secretary of State determines under subsection (a)\n\t\t\t\tthat Iran’s Revolutionary Guard Corps does not meet the criteria set forth\n\t\t\t\tunder such section 219, the Secretary shall submit to the committees of\n\t\t\t\tCongress specified in subparagraph (C) a report that contains a detailed\n\t\t\t\tjustification as to which criteria have not been met.\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HAAA2117475B54F62A5224C9E1200473A\">\n <enum>\n (2)\n </enum>\n <header>\n Form\n </header>\n <text>\n The\n\t\t\t\treport required under paragraph (1) shall be submitted in unclassified form,\n\t\t\t\tbut may contain classified annex, if necessary.\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"H7AAE73DD3324425B94B27101AC609542\">\n <enum>\n (3)\n </enum>\n <header>\n Committees of\n\t\t\t\tCongress specified\n </header>\n <text>\n The committees of Congress referred to in\n\t\t\t\tparagraph (1) are the following:\n </text>\n <subparagraph commented=\"no\" id=\"HC4FDE068AB3746F48863D33DC0CC35FD\">\n <enum>\n (A)\n </enum>\n <text>\n The Committee on\n\t\t\t\tForeign Affairs and the Committee on the Judiciary of the House of\n\t\t\t\tRepresentatives.\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"HF7F5C65BFE0A4CF7AB5BAC4ED3176D0C\">\n <enum>\n (B)\n </enum>\n <text>\n The Committee on\n\t\t\t\tForeign Relations and the Committee on the Judiciary of the\n\t\t\t\tSenate.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" id=\"HD199BBD0AAA147E3BBA9634C82155B57\">\n <enum>\n (b)\n </enum>\n <header>\n Clerical\n\t\t\t amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The table of\n\t\t\t contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is\n\t\t\t amended by striking the item relating to section 304 and inserting the\n\t\t\t following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HC8503830CB1F475485F52E1D6AC9749E\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 304. Designation of Iran’s\n\t\t\t\tRevolutionary Guard Corps as foreign terrorist organization.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 305. Rule of\n\t\t\t\tconstruction.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n </section>\n <section id=\"H7E10EE69BA4C4899810DF5964A021CEE\">\n <enum>\n 102.\n </enum>\n <header>\n Imposition of\n\t\t\t sanctions on certain persons responsible for or complicit in human rights\n\t\t\t abuses, engaging in censorship, or engaging in the diversion of goods intended\n\t\t\t for the people of Iran\n </header>\n <subsection id=\"H20DB2E18523C4FDB8730041D8F7D4426\">\n <enum>\n (a)\n </enum>\n <header>\n Finding and\n\t\t\t sense of Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n Section\n\t\t\t 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public\n\t\t\t Law 112–158; 126 Stat. 1251) is amended to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HDC91A2BF98B84A9E8F499D4A5630A922\" style=\"OLC\">\n <subsection id=\"H5E88B41DE2654614A1D0E5E857C81D32\">\n <enum>\n (a)\n </enum>\n <header>\n Finding and\n\t\t\t\tsense of Congress\n </header>\n <paragraph id=\"H6FFE9D0A5E7546D8AC4876ABC6E7C63B\">\n <enum>\n (1)\n </enum>\n <header>\n Finding\n </header>\n <text display-inline=\"yes-display-inline\">\n Congress finds that Iranian persons holding\n\t\t\t\tthe following positions in the Government of Iran are ultimately responsible\n\t\t\t\tfor and have and continue to knowingly order, control, direct and implement\n\t\t\t\tgross violations of the human rights of the Iranian people, the human rights of\n\t\t\t\tpersons in other countries, censorship, and the diversion of food, medicine,\n\t\t\t\tmedical devices, agricultural commodities and other goods intended for the\n\t\t\t\tIranian people:\n </text>\n <subparagraph id=\"HC9B8E38B3AFD438A8C709EEEFC2CB76C\">\n <enum>\n (A)\n </enum>\n <text>\n The Supreme Leader\n\t\t\t\tof Iran.\n </text>\n </subparagraph>\n <subparagraph id=\"HCD1E36BFD28E424EA7AAEB63A3FDF03A\">\n <enum>\n (B)\n </enum>\n <text>\n The President of\n\t\t\t\tIran.\n </text>\n </subparagraph>\n <subparagraph id=\"HCBB7AE24D1B0497AA1D154B861150F9B\">\n <enum>\n (C)\n </enum>\n <text>\n Members of the\n\t\t\t\tCouncil of Guardians.\n </text>\n </subparagraph>\n <subparagraph id=\"HC95094A4254B4EE4AACD5F3A34221EC1\">\n <enum>\n (D)\n </enum>\n <text>\n Members of the\n\t\t\t\tExpediency Council.\n </text>\n </subparagraph>\n <subparagraph id=\"H55B4568901854A2AB45DB9DCB07DAF0E\">\n <enum>\n (E)\n </enum>\n <text>\n The Minister of\n\t\t\t\tIntelligence and Security.\n </text>\n </subparagraph>\n <subparagraph id=\"H991C21B2EF6B4A00807FDC6915227C86\">\n <enum>\n (F)\n </enum>\n <text>\n The Commander of\n\t\t\t\tthe Iran’s Revolutionary Guard Corps.\n </text>\n </subparagraph>\n <subparagraph id=\"HB5842B161CFC4B67A33F71E3BCA67471\">\n <enum>\n (G)\n </enum>\n <text>\n The Commander of\n\t\t\t\tthe Basij-e-Mostaz’afin.\n </text>\n </subparagraph>\n <subparagraph id=\"H577D902F3C6B47F09875E6E73A711D90\">\n <enum>\n (H)\n </enum>\n <text>\n The Commander of\n\t\t\t\tAnsar-e-Hezbollah.\n </text>\n </subparagraph>\n <subparagraph id=\"HE67436860CE24AE29B1244EE29522C32\">\n <enum>\n (I)\n </enum>\n <text>\n The Commander of\n\t\t\t\tthe Quds Force.\n </text>\n </subparagraph>\n <subparagraph id=\"H22F4C351C8A3438FBEB687697B10558A\">\n <enum>\n (J)\n </enum>\n <text>\n The Commander in\n\t\t\t\tChief of the Police Force.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H2F3852AFA97E4A3F88A651D0E06FC492\">\n <enum>\n (2)\n </enum>\n <header>\n Sense of\n\t\t\t\tCongress\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the sense of\n\t\t\t\tCongress that—\n </text>\n <subparagraph id=\"HCDDE63234F0649D39D83EE9ACD312A48\">\n <enum>\n (A)\n </enum>\n <text>\n the President\n\t\t\t\tshould include any Iranian person holding a position in the Government of Iran\n\t\t\t\tdescribed in paragraph (1) on one or more of the lists of persons subject to\n\t\t\t\tsanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the\n\t\t\t\tComprehensive Iran Sanctions, Accountability, and Divestment Act of 2010;\n\t\t\t\tand\n </text>\n </subparagraph>\n <subparagraph id=\"H467CF497042B4F3AA6659153D772A26C\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the President should impose sanctions on\n\t\t\t\tsuch Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act\n\t\t\t\t(as the case may\n\t\t\t\tbe).\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HBD4784CB70FE418B8ED9CC299E5ED2F5\">\n <enum>\n (b)\n </enum>\n <header>\n Additional\n\t\t\t finding and sense of Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 401of the Iran Threat Reduction and\n\t\t\t Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/158\">\n Public Law 112–158\n </external-xref>\n ; 126 Stat. 1251) is\n\t\t\t amended—\n </text>\n <paragraph id=\"H7F7D15949B1946A0857A8F3DB19C24AF\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating\n\t\t\t subsection (b) as subsection (c); and\n </text>\n </paragraph>\n <paragraph id=\"HAD8349BBB96041D3A5B71AC0776C5447\">\n <enum>\n (2)\n </enum>\n <text>\n inserting after\n\t\t\t subsection (a) the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HB543E78025944D579E7814EBCB21DA4D\" style=\"OLC\">\n <subsection id=\"HEBAE1F1DB2324AB684B4B5C6D0794E1A\">\n <enum>\n (b)\n </enum>\n <header>\n Additional\n\t\t\t\tfinding and sense of Congress\n </header>\n <paragraph id=\"HD2EA5613C43E4BC996683E420BC20BB9\">\n <enum>\n (1)\n </enum>\n <header>\n Finding\n </header>\n <text display-inline=\"yes-display-inline\">\n Congress finds that other senior officials\n\t\t\t\tof the Government of Iran, its agencies and instrumentalities, also have and\n\t\t\t\tcontinue to knowingly order, control, direct, and implement gross violations of\n\t\t\t\tthe human rights of the Iranian people and the human rights of persons in other\n\t\t\t\tcountries.\n </text>\n </paragraph>\n <paragraph id=\"H1C4C3942ACCD45008F046AE98C6691F8\">\n <enum>\n (2)\n </enum>\n <header>\n Sense of\n\t\t\t\tCongress\n </header>\n <text>\n It is the sense of Congress that—\n </text>\n <subparagraph id=\"H31D29DFF5722436F88B4AA93FF336722\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the President should investigate violations\n\t\t\t\tof human rights described in paragraph (1) to identify other senior officials\n\t\t\t\tof the Government of Iran that also have or continue to knowingly order,\n\t\t\t\tcontrol, direct, or implement gross violations of human rights of the Iranian\n\t\t\t\tpeople and the human rights of persons in other countries;\n </text>\n </subparagraph>\n <subparagraph id=\"H10E16E9DACCB43A28ED8CB323A6101E7\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the President should include any such\n\t\t\t\tofficial on one or more of the lists of persons subject to sanctions pursuant\n\t\t\t\tto section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran\n\t\t\t\tSanctions, Accountability, and Divestment Act of 2010; and\n </text>\n </subparagraph>\n <subparagraph id=\"HFB02ACA5FE3C42B68F92A02D25F7A9FE\">\n <enum>\n (C)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the President should impose sanctions on\n\t\t\t\tany such official pursuant to section 105, 105A, 105B, or 105C of such Act (as\n\t\t\t\tthe case may\n\t\t\t\tbe).\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H1776940E747A43A4AD5FBB3469CCF0DB\">\n <enum>\n (c)\n </enum>\n <header>\n Report\n </header>\n <text>\n Section\n\t\t\t 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012\n\t\t\t (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/158\">\n Public Law 112–158\n </external-xref>\n ; 126 Stat. 1251), as redesignated by subsection (b) of this\n\t\t\t section, is amended—\n </text>\n <paragraph id=\"H36B8C51C2D6C429ABE224775D9A09816\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n Not later than\n </quote>\n and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HA1429AC68AFA49A5B055CE155A45042E\" style=\"OLC\">\n <subparagraph id=\"H1209D54D1AA5424986175DABF3C82DB2\">\n <enum>\n (A)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later\n\t\t\t\tthan\n </text>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H6815A7A0036241ADA4056B84F8F859D8\">\n <enum>\n (2)\n </enum>\n <text>\n by striking\n <quote>\n this Act\n </quote>\n and inserting\n <quote>\n the\n <short-title>\n Iran Sanctions Enforcement and Augmentation\n\t\t\t Act\n </short-title>\n , and every 180 days thereafter\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H92E756D4826C4FDEB2CE028BB0727473\">\n <enum>\n (3)\n </enum>\n <text>\n by striking\n <quote>\n otherwise directing the commission of\n </quote>\n and\n\t\t\t inserting\n </text>\n <quoted-block display-inline=\"yes-display-inline\" id=\"H65ADA5193A004C188FBA5073C6199203\" style=\"OLC\">\n <text>\n otherwise\n\t\t\t directing—\n </text>\n <clause id=\"H971B64610620437E80792A08EB19C1F0\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the commission\n\t\t\t\tof\n </text>\n </clause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H1A8D5971C3E64C4BB51DD6D6554F15D7\">\n <enum>\n (4)\n </enum>\n <text>\n by striking\n <quote>\n Iran.\n </quote>\n and\n\t\t\t inserting\n </text>\n <quoted-block display-inline=\"yes-display-inline\" id=\"H1B80E3025FA84EEAB62B827197A194A5\" style=\"OLC\">\n <text>\n Iran;\n </text>\n <clause id=\"H4702F2EE8631498A82EEE55D4BE92946\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n censorship or related activities with\n\t\t\t\trespect to Iran; or\n </text>\n </clause>\n <clause id=\"H3ECDF02D8B9F4173AD436831B7C2B81B\">\n <enum>\n (iii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the diversion of goods, food, medicine, and\n\t\t\t\tmedical devices, and agricultural commodities, intended for the people of\n\t\t\t\tIran.\n </text>\n </clause>\n <after-quoted-block>\n ;\n\t\t\t\tand\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HE17A4240DFEA4F519A3295A39F233B95\">\n <enum>\n (5)\n </enum>\n <text>\n by striking\n <quote>\n For any such person\n </quote>\n and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HAAD482E71DD240C7835B726DA171D807\" style=\"OLC\">\n <subparagraph id=\"H8B843BE174F441559FC6C6218F82E5A1\">\n <enum>\n (B)\n </enum>\n <header>\n Additional\n\t\t\t\trequirement\n </header>\n <text display-inline=\"yes-display-inline\">\n For any such\n\t\t\t\tperson\n </text>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"HA3FC0DA74B954246A4FA4814252D45EF\">\n <enum>\n (d)\n </enum>\n <header>\n Clerical\n\t\t\t amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The table of\n\t\t\t contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is\n\t\t\t amended by striking the item relating to section 401 and inserting the\n\t\t\t following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HE63CFAD5819E42EDAB6D81AD6EC82542\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 401. Imposition of sanctions on\n\t\t\t\tcertain persons responsible for or complicit in human rights abuses, engaging\n\t\t\t\tin censorship, or engaging in the diversion of goods intended for the people of\n\t\t\t\tIran.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n </section>\n <section id=\"HE5125C3A656B44FB8A1971B9EE7487F0\">\n <enum>\n 103.\n </enum>\n <header>\n Mandatory\n\t\t\t sanctions with respect to financial institutions that engage in certain\n\t\t\t transactions on behalf of persons involved in human rights abuses or that\n\t\t\t export sensitive technology to Iran\n </header>\n <subsection display-inline=\"no-display-inline\" id=\"H1B31FF6F1EAF456CA06471CC33BE4464\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 104(c)(2) of\n\t\t\t the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010\n\t\t\t (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513\">\n 22 U.S.C. 8513(c)(2)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H4743AA889B8B44F987B587A145758017\">\n <enum>\n (1)\n </enum>\n <text>\n in subparagraph\n\t\t\t (D), by striking\n <quote>\n or\n </quote>\n at the end;\n </text>\n </paragraph>\n <paragraph id=\"HA6913738E304441D9B2406BE0B5F2843\">\n <enum>\n (2)\n </enum>\n <text>\n in subparagraph\n\t\t\t (E), by striking the period at the end and inserting\n <quote>\n ; or\n </quote>\n ;\n\t\t\t and\n </text>\n </paragraph>\n <paragraph id=\"H3BD2CDD8235946079F398B2025BA2B74\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the\n\t\t\t end the following new subparagraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H1F5279E012C7400893EA636C8CCFFF47\" style=\"OLC\">\n <subparagraph id=\"HA5A744C67BBB43F8B3D7806CDC248D4C\">\n <enum>\n (F)\n </enum>\n <text display-inline=\"yes-display-inline\">\n facilitates a significant transaction or\n\t\t\t\ttransactions or provides significant financial services for—\n </text>\n <clause id=\"H006BAF7869C14E02A936B06157454A5C\">\n <enum>\n (i)\n </enum>\n <text>\n a\n\t\t\t\tperson that is subject to sanctions under section 105(c), 105A(c), 105B(c), or\n\t\t\t\t105C(c); or\n </text>\n </clause>\n <clause id=\"HEEDC4ECF6DE34BEAB02CE87B08F34E31\">\n <enum>\n (ii)\n </enum>\n <text>\n a\n\t\t\t\tperson that exports sensitive technology to Iran and is subject to the\n\t\t\t\tprohibition on procurement contracts as described in section\n\t\t\t\t106.\n </text>\n </clause>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection display-inline=\"no-display-inline\" id=\"H8E15A3600D8542A3B7FC88E34CEC2237\">\n <enum>\n (b)\n </enum>\n <header>\n Effective\n\t\t\t date\n </header>\n <text display-inline=\"yes-display-inline\">\n The amendments made by\n\t\t\t subsection (a) shall take effect on the date of the enactment of this Act and\n\t\t\t shall apply with respect to any activity described in subparagraph (F) of\n\t\t\t section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and\n\t\t\t Divestment Act of 2010 (as added by subsection (a)(3)) initiated on or after\n\t\t\t the date that is 90 days after such date of enactment.\n </text>\n </subsection>\n <subsection id=\"H946BA6418239447C86D219E129B9D459\">\n <enum>\n (c)\n </enum>\n <header>\n Regulations\n </header>\n <text>\n Not\n\t\t\t later than 90 days after the date of the enactment of this Act, the Secretary\n\t\t\t of the Treasury shall prescribe regulations to carry out the amendments made by\n\t\t\t subsection (a).\n </text>\n </subsection>\n </section>\n \n \n <enum>\n II\n </enum>\n <header>\n Economic and\n\t\t\t financial sanctions\n </header>\n <section id=\"H9D7C0EC95C684EF2B9DD023909B1C94B\">\n <enum>\n 201.\n </enum>\n <header>\n Sanctions with\n\t\t\t respect to certain transactions with Iran\n </header>\n <subsection id=\"H4EE4E99F13F54FD7BADAE5FF63055037\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n Subtitle B of title\n\t\t\t II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C.\n\t\t\t 8721 et seq.) is amended by adding at the end the following new section:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H65487AFDF39747A5B0E708ADE0A93721\" style=\"OLC\">\n <section id=\"H744099E1DB924D95860FE534338A6F6D\">\n <enum>\n 225.\n </enum>\n <header>\n Sanctions with\n\t\t\t\trespect to certain transactions with Iran\n </header>\n <subsection id=\"H2A9FAA35B6D84535B560D999742B04F9\">\n <enum>\n (a)\n </enum>\n <header>\n Authorization of\n\t\t\t\tsanctions\n </header>\n <paragraph id=\"H2FFA4BCC3EC44047935655548F1CD633\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n Except as specifically provided in this section, the\n\t\t\t\tPresident may impose sanctions pursuant to the International Emergency Economic\n\t\t\t\tPowers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701 et seq.\n </external-xref>\n ) on a foreign person that the President\n\t\t\t\tdetermines has, on or after the date that is 180 days after the date of the\n\t\t\t\tenactment of this section, knowingly conducted or facilitated a significant\n\t\t\t\tfinancial transaction with the Central Bank of Iran or other Iranian financial\n\t\t\t\tinstitution that has been designated by the Secretary of the Treasury for the\n\t\t\t\timposition of sanctions pursuant to such Act, for—\n </text>\n <subparagraph id=\"H27EDB9DED3F94297BDC6237238BE3DCA\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the purchase of goods (other than petroleum\n\t\t\t\tor petroleum products) or services by a person in Iran or on behalf of a person\n\t\t\t\tin Iran; or\n </text>\n </subparagraph>\n <subparagraph id=\"HC72ABFD209C94AC885C883858FB9500D\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the purchase of goods (other than petroleum\n\t\t\t\tor petroleum products) or services from a person in Iran or on behalf of a\n\t\t\t\tperson in Iran.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H2B0B53FD7A9A41DB834A2CD3791DD26A\">\n <enum>\n (2)\n </enum>\n <header>\n Rule of\n\t\t\t\tconstruction\n </header>\n <text display-inline=\"yes-display-inline\">\n Nothing in this\n\t\t\t\tsection shall be construed to affect the imposition of sanctions with respect\n\t\t\t\tto a financial transaction for the purchase of petroleum or petroleum products\n\t\t\t\tfrom Iran under section 1245(d)(4) of the National Defense Authorization Act\n\t\t\t\tfor Fiscal Year 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/81\">\n Public Law 112–81\n </external-xref>\n ; 125 Stat. 1648).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HF66704C216D942B7BC3A7FE3B0FC38BB\">\n <enum>\n (b)\n </enum>\n <header>\n Exception for\n\t\t\t\toverall reductions of exports to and imports from Iran\n </header>\n <paragraph id=\"HF5843AE35D1640DF97EA2277DC3C9466\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n The President may not impose sanctions under subsection\n\t\t\t\t(a) on a foreign person if the President determines and submits to the\n\t\t\t\tappropriate congressional committees a report that contains a determination of\n\t\t\t\tthe President that the country with primary jurisdiction over the foreign\n\t\t\t\tperson has, during the time period described in paragraph (2), significantly\n\t\t\t\treduced—\n </text>\n <subparagraph id=\"HCE521E525E9D4C0B92C3C605F385DDCD\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the value of exports of goods (other than\n\t\t\t\tpetroleum or petroleum products) and services from such country to Iran;\n\t\t\t\tand\n </text>\n </subparagraph>\n <subparagraph id=\"HCA52371EAFCA43E5B0875D6960BF88B4\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the value of imports of goods (other than\n\t\t\t\tpetroleum or petroleum products) and services to such country from Iran.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HFEA46149B5C540379274A4732CCB6532\">\n <enum>\n (2)\n </enum>\n <header>\n Time period\n\t\t\t\tdescribed\n </header>\n <text display-inline=\"yes-display-inline\">\n The time period\n\t\t\t\treferred to in paragraph (1) is the 180-day period ending on the date on which\n\t\t\t\tthe President makes the determination under paragraph (1) as compared to the\n\t\t\t\timmediately preceding 180-day period.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H10C152D7777B4A908161ED94E2AB16C9\">\n <enum>\n (c)\n </enum>\n <header>\n Exception for\n\t\t\t\tsales of agricultural commodities, food, medicine and medical\n\t\t\t\tdevices\n </header>\n <text>\n The President may not impose sanctions under subsection\n\t\t\t\t(a) on a foreign person with respect to a transaction for the sale of\n\t\t\t\tagricultural commodities, food, medicine or medical devices to Iran.\n </text>\n </subsection>\n <subsection id=\"H79A1778F041B47C3BA25C388C3B09AC6\">\n <enum>\n (d)\n </enum>\n <header>\n Definitions\n </header>\n <text display-inline=\"yes-display-inline\">\n In this section:\n </text>\n <paragraph id=\"HCD5EE324AAB7454EAA963A7C7DC674A0\">\n <enum>\n (1)\n </enum>\n <header>\n Foreign\n\t\t\t\tperson\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n foreign\n\t\t\t\tperson\n </term>\n has the meaning given that term in section 14 of the Iran\n\t\t\t\tSanctions Act of 1996 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/172\">\n Public Law 104–172\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701\n </external-xref>\n note).\n </text>\n </paragraph>\n <paragraph id=\"H9CC925D0791E48609041A40255FF689C\">\n <enum>\n (2)\n </enum>\n <header>\n Iranian\n\t\t\t\tfinancial institution\n </header>\n <text>\n The term\n <term>\n Iranian financial\n\t\t\t\tinstitution\n </term>\n has the meaning given that term in section 104A(d) of the\n\t\t\t\tComprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22\n\t\t\t\tU.S.C.\n\t\t\t\t8513b(d)).\n </text>\n </paragraph>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H4AF734A87CA744B4A81F7777C7513037\">\n <enum>\n (b)\n </enum>\n <header>\n Clerical\n\t\t\t amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The table of\n\t\t\t contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is\n\t\t\t amended by inserting after the item relating to section 224 the\n\t\t\t following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H2D6DFD34590B44528AE583E5FE9CAC4C\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 225. Sanctions with respect to\n\t\t\t\tcertain transactions with\n\t\t\t\tIran.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n </section>\n <section id=\"H67DEFF3E14F944FEA4C935493BAC7D3E\">\n <enum>\n 202.\n </enum>\n <header>\n Imposition of\n\t\t\t sanctions with respect to foreign financial institutions that facilitate\n\t\t\t financial transactions on behalf of persons owned or controlled by specially\n\t\t\t designated nationals\n </header>\n <text display-inline=\"no-display-inline\">\n Section\n\t\t\t 1247 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C.\n\t\t\t 8806) is amended—\n </text>\n <paragraph id=\"H3A298DAB74A74B2FA3B5E76068B5E2C8\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating\n\t\t\t subsection (f) as subsection (g); and\n </text>\n </paragraph>\n <paragraph id=\"H063CFDF09DCC447EAD67CFD98656EC19\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after\n\t\t\t subsection (e) the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H29FAC8751F8146C0A7B729FEE7CACA73\" style=\"OLC\">\n <subsection id=\"HDEAD9F68C95C4DACBA2E56852F23CFF0\">\n <enum>\n (f)\n </enum>\n <header>\n Persons owned or\n\t\t\t\tcontrolled by specially designated nationals\n </header>\n <paragraph id=\"HEE0FF23133E34FC983A7F9FAE5D07A1F\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text display-inline=\"yes-display-inline\">\n The President shall\n\t\t\t\timpose sanctions described in subsection (a) with respect to a foreign\n\t\t\t\tfinancial institution that the President determines has, on or after the date\n\t\t\t\tthat is 90 days after the date of the enactment of this subsection, knowingly\n\t\t\t\tfacilitated a significant financial transaction on behalf of any person on the\n\t\t\t\tlist required by paragraph (2).\n </text>\n </paragraph>\n <paragraph id=\"HD5125981497E496A8725B8C261A88591\">\n <enum>\n (2)\n </enum>\n <header>\n List\n </header>\n <subparagraph id=\"HB226194DB9D14F908388AE43BECE578E\">\n <enum>\n (A)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 60\n\t\t\t\tdays after the date of the enactment of this subsection, the President shall\n\t\t\t\tsubmit to the appropriate congressional committees list of persons that the\n\t\t\t\tPresident determines on or after the date of the enactment of this subsection\n\t\t\t\tare directly or indirectly owned or controlled by an Iranian person included on\n\t\t\t\tthe list of specially designated nationals and blocked persons maintained by\n\t\t\t\tthe Office of Foreign Assets Control of the Department of the Treasury (other\n\t\t\t\tthan an Iranian financial institution described in subsection (b)).\n </text>\n </subparagraph>\n <subparagraph id=\"H7E515A06B42043B88287BA5A6113FCF5\">\n <enum>\n (B)\n </enum>\n <header>\n Updates of\n\t\t\t\tlist\n </header>\n <text>\n The President shall submit to the appropriate congressional\n\t\t\t\tcommittees an update of the list required by subparagraph (A)—\n </text>\n <clause id=\"H7EFF11C82B2541939241F49E3FF06389\">\n <enum>\n (i)\n </enum>\n <text>\n not less than once\n\t\t\t\tevery 180 days after the date of submission of such list; and\n </text>\n </clause>\n <clause id=\"H46A80178996C412A9866B9C46CFD2582\">\n <enum>\n (ii)\n </enum>\n <text>\n as new\n\t\t\t\tinformation becomes available.\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H16E7E5E2FDEE44D8A87F4A87076B3B11\">\n <enum>\n (C)\n </enum>\n <header>\n Form of report;\n\t\t\t\tpublic availability\n </header>\n <clause id=\"HFE7A600CC63D409C8758EC015886D5D6\">\n <enum>\n (i)\n </enum>\n <header>\n Form\n </header>\n <text>\n The\n\t\t\t\tlist required by subparagraph (A) shall be submitted in unclassified form, but\n\t\t\t\tmay contain a classified annex, if necessary.\n </text>\n </clause>\n <clause id=\"H424FE7BDAD394B62A2FD2545BB6A2294\">\n <enum>\n (ii)\n </enum>\n <header>\n Public\n\t\t\t\tavailability\n </header>\n <text>\n The unclassified portion of the list required by\n\t\t\t\tclause (i) shall be made available to the public and posted on the websites of\n\t\t\t\tthe Department of the Treasury and the Department of State.\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HC6C4745B5AA242AD9475A7461141A944\">\n <enum>\n (D)\n </enum>\n <header>\n Consideration of\n\t\t\t\tdata from other countries and nongovernmental organizations\n </header>\n <text>\n In\n\t\t\t\tpreparing the list required by subparagraph (A), the President shall consider\n\t\t\t\tcredible data already obtained by other countries and nongovernmental\n\t\t\t\torganizations.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H957E3BB3A54F4FD49431A73D282ECB1F\">\n <enum>\n 203.\n </enum>\n <header>\n Imposition of\n\t\t\t sanctions with respect to the Central Bank of Iran and other Iranian financial\n\t\t\t institutions\n </header>\n <subsection id=\"HCA5C5FE7BEC2450187F210EAFE9BEDDD\">\n <enum>\n (a)\n </enum>\n <header>\n Exception to\n\t\t\t applicability of sanctions with respect to petroleum transactions\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 1245(d)(4)(D)(i)(I) of the National\n\t\t\t Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/81\">\n Public Law 112–81\n </external-xref>\n ; 125 Stat.\n\t\t\t 1648) is amended to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HBB8F68B7A3E2401187F35AF3A47B4FB3\" style=\"OLC\">\n <subclause id=\"HD58D3A10E00E41EEB34F531828ED3213\">\n <enum>\n (I)\n </enum>\n <text display-inline=\"yes-display-inline\">\n has significantly reduced its volume of\n\t\t\t\tcrude oil purchases from Iran, and volume of purchases of crude oil of Iranian\n\t\t\t\torigin, from the volume purchased in the immediately preceding 180-day period,\n\t\t\t\tand the President certifies in writing to Congress that the President has based\n\t\t\t\tsuch determination on accurate information on that country’s total purchases of\n\t\t\t\tcrude oil from Iran or of Iranian origin;\n\t\t\t\tor\n </text>\n </subclause>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HE00F0D204A254161981CF8B9EBDDABB9\">\n <enum>\n (b)\n </enum>\n <header>\n Effective\n\t\t\t date\n </header>\n <text>\n The amendment made by this section shall take effect\n\t\t\t beginning on the date that is 30 days after the date of the enactment of this\n\t\t\t Act.\n </text>\n </subsection>\n </section>\n <section id=\"H3D43363107A9444AA577949C3994F76C\">\n <enum>\n 204.\n </enum>\n <header>\n Sense of\n\t\t\t Congress regarding the European Central Bank\n </header>\n <subsection id=\"HC6FC49B4643D4E6EBCFACD8B0036A6F4\">\n <enum>\n (a)\n </enum>\n <header>\n Findings\n </header>\n <text display-inline=\"yes-display-inline\">\n Congress finds the following:\n </text>\n <paragraph id=\"H9AC67125960242359B9013FAE2A47561\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n The Government of Iran, its agencies and\n\t\t\t instrumentalities, continue to have access to, and utilize, euro-denominated\n\t\t\t transactions, including for goods and services that are subject to sanctions\n\t\t\t imposed by the United States, the European Union and its member states and by\n\t\t\t the United Nations.\n </text>\n </paragraph>\n <paragraph id=\"H143D242A2C644ED2BB85527BF84325AC\">\n <enum>\n (2)\n </enum>\n <text>\n The Guidelines of\n\t\t\t the European Central Bank (Article 39(1)) states that:\n <quote>\n Participants\n\t\t\t shall be deemed to be aware of, and shall comply with, all obligations on them\n\t\t\t relating to legislation on data protection, prevention of money laundering and\n\t\t\t the financing of terrorism, proliferation-sensitive nuclear activities and the\n\t\t\t development of nuclear weapons delivery systems, in particular in terms of\n\t\t\t implementing appropriate measures concerning any payments debited or credited\n\t\t\t on their PM accounts.\n </quote>\n </text>\n </paragraph>\n <paragraph id=\"H3C1B9E4834564FD39A99C51FF16B7282\">\n <enum>\n (3)\n </enum>\n <text>\n United States and\n\t\t\t European convergence with respect to United States sanctions efforts toward the\n\t\t\t Iranian regime is a vital component of United States policy aimed at preventing\n\t\t\t the Iranian regime from acquiring a nuclear weapons capability.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H31DA2B929FB84C9AAC7C6E3B8231FD5D\">\n <enum>\n (b)\n </enum>\n <header>\n Sense of\n\t\t\t Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the sense of\n\t\t\t Congress that the President should closely coordinate and cooperate with the\n\t\t\t European Union and its member states to restrict access and use of the euro\n\t\t\t currency by the Government of Iran, its agencies and instrumentalities, for\n\t\t\t transactions (with the exception of food, medicine, medical devices and other\n\t\t\t humanitarian goods), including through the payment systems of the European\n\t\t\t Central Bank, such as its second generation Trans-European Automated Real-time\n\t\t\t Gross Settlement Express Transfer System, and local and regional Euro\n\t\t\t settlement platforms.\n </text>\n </subsection>\n </section>\n \n \n <enum>\n III\n </enum>\n <header>\n Miscellaneous\n\t\t\t provisions\n </header>\n <section id=\"H777AEEDC9C0A43B4B8FA8B9B1D0FF7A5\">\n <enum>\n 301.\n </enum>\n <header>\n Report on\n\t\t\t Iranian nuclear and economic capabilities\n </header>\n <subsection id=\"H67D271250BEB4B408D86DA1835EB35C7\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later that 60\n\t\t\t days after the date of the enactment of this Act, and every 60 days thereafter,\n\t\t\t the President shall submit to the appropriate congressional committees a report\n\t\t\t on the following:\n </text>\n <paragraph id=\"HCB201F997E594B11887F9F6BB33698B9\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n An estimate of the timeline for Iranian\n\t\t\t capabilities to develop nuclear weapons, including—\n </text>\n <subparagraph id=\"H598492AC05BB44E58CFD34BEC9F1363A\">\n <enum>\n (A)\n </enum>\n <text>\n a nuclear\n\t\t\t explosive device; and\n </text>\n </subparagraph>\n <subparagraph id=\"H8EB257C5080A4ABA9505F1D29B66A531\">\n <enum>\n (B)\n </enum>\n <text>\n breakout\n\t\t\t capacity.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H4FF7CD5AA086496DBBBFEAC52D40A0F5\">\n <enum>\n (2)\n </enum>\n <text>\n An assessment of\n\t\t\t Iranian strategy and capabilities relating to development of nuclear weapons,\n\t\t\t including—\n </text>\n <subparagraph id=\"H3A0D331332F54883ADF30552F58CFEDC\">\n <enum>\n (A)\n </enum>\n <text>\n a summary and\n\t\t\t analysis of current nuclear weapons capabilities;\n </text>\n </subparagraph>\n <subparagraph id=\"HB30B2076CA5245D3BAD92E66B5B9C7F3\">\n <enum>\n (B)\n </enum>\n <text>\n an estimate of the\n\t\t\t amount and sources of funding expended by, and an analysis of procurement\n\t\t\t networks utilized by, Iran to develop its nuclear weapons capabilities;\n </text>\n </subparagraph>\n <subparagraph id=\"HA6BE4DED1D8F40EDA3E64C53BC2D3B87\">\n <enum>\n (C)\n </enum>\n <text>\n a summary of the\n\t\t\t capabilities of Iran’s unconventional weapons and Iran’s ballistic missile\n\t\t\t forces and Iran’s cruise missile forces;\n </text>\n </subparagraph>\n <subparagraph id=\"HF3765A82C5504199AB33E71DEEACA5BA\">\n <enum>\n (D)\n </enum>\n <text>\n a detailed\n\t\t\t analysis of the effectiveness of Iran’s unconventional weapons and Iran’s\n\t\t\t ballistic missile forces and Iran’s cruise missile forces as delivery systems\n\t\t\t for a nuclear device; and\n </text>\n </subparagraph>\n <subparagraph id=\"H9AC33CBA115A466DBCDAF37A8AB12C02\">\n <enum>\n (E)\n </enum>\n <text>\n an estimate of the\n\t\t\t amount and sources of funding expended by, and an analysis of procurement\n\t\t\t networks utilized by, Iran on programs to develop a nuclear weapons\n\t\t\t capability.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H125723A34A234BA18E7AD373E072F2BC\">\n <enum>\n (3)\n </enum>\n <text>\n Projected economic\n\t\t\t effects of international sanctions on Iran, including—\n </text>\n <subparagraph id=\"H58EACE29004B470F95888201C9DF8802\">\n <enum>\n (A)\n </enum>\n <text>\n sources of funding\n\t\t\t for the activities of the Government of Iran described in paragraphs (1) and\n\t\t\t (2);\n </text>\n </subparagraph>\n <subparagraph id=\"H1E347B5206024197B155E23572EE3E0F\">\n <enum>\n (B)\n </enum>\n <text>\n the role of the\n\t\t\t Government of Iran in the formal and informal sector of the domestic Iranian\n\t\t\t economy;\n </text>\n </subparagraph>\n <subparagraph id=\"HE26BFFDB180645F8B913889E0B7FFB5B\">\n <enum>\n (C)\n </enum>\n <text>\n evasive and other\n\t\t\t efforts by the Government of Iran to circumvent international and bilateral\n\t\t\t sanctions regimes; and\n </text>\n </subparagraph>\n <subparagraph id=\"HC1EF2E7020B74A399A893DD467DDB94A\">\n <enum>\n (D)\n </enum>\n <text>\n Iran’s capital\n\t\t\t accounts, current accounts, foreign exchange reserve levels (including access\n\t\t\t to foreign exchange reserves), and other leading macroeconomic indicators, and\n\t\t\t estimated timelines with respect to Iran’s macroeconomic viability, including\n\t\t\t Iran’s exhaustion of foreign exchange reserves.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"HB8C9D51674604E06B80F68C02C356028\">\n <enum>\n (b)\n </enum>\n <header>\n Form\n </header>\n <text>\n The\n\t\t\t report required under subsection (a) shall be submitted in unclassified form to\n\t\t\t the greatest extent possible, but may include a classified annex, if\n\t\t\t necessary.\n </text>\n </subsection>\n <subsection id=\"H9B972C36F57F445BBF2D7C42B0CA9B49\">\n <enum>\n (c)\n </enum>\n <header>\n Definitions\n </header>\n <text display-inline=\"yes-display-inline\">\n In this section:\n </text>\n <paragraph id=\"HEC91F259DA6C47498817849FB80E0F5E\">\n <enum>\n (1)\n </enum>\n <header>\n Nuclear\n\t\t\t explosive device\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n nuclear explosive device\n </term>\n means any device, whether assembled or\n\t\t\t disassembled, that is designed to produce an instantaneous release of an amount\n\t\t\t of nuclear energy from special nuclear material that is greater than the amount\n\t\t\t of energy that would be released from the detonation of one pound of\n\t\t\t trinitrotoluene (TNT).\n </text>\n </paragraph>\n <paragraph id=\"H139D250D7F9A413C95BF919EEA00179D\">\n <enum>\n (2)\n </enum>\n <header>\n Breakout\n\t\t\t capacity\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n breakout capacity\n </term>\n means the point at which a country is able to\n\t\t\t produce enough weapon-grade uranium (or sufficient separated plutonium) for one\n\t\t\t or more nuclear explosive devices.\n </text>\n </paragraph>\n <paragraph id=\"H94FCE52A1F794147B5C7DB7E36DB7795\">\n <enum>\n (3)\n </enum>\n <header>\n Appropriate\n\t\t\t congressional committees\n </header>\n <text>\n The term\n <term>\n appropriate congressional\n\t\t\t committees\n </term>\n means—\n </text>\n <subparagraph id=\"H9E3958DCF72F49A993C92455D51691EB\">\n <enum>\n (A)\n </enum>\n <text>\n the Committee on\n\t\t\t Foreign Affairs, the Committee on Armed Services, the Committee on Financial\n\t\t\t Services, and the Permanent Select Committee on Intelligence of the House of\n\t\t\t Representatives; and\n </text>\n </subparagraph>\n <subparagraph id=\"HD3179B48063F4A8AB9D0BB4495F556FB\">\n <enum>\n (B)\n </enum>\n <text>\n the Committee on\n\t\t\t Foreign Relations, the Committee on Armed Services, the Committee on Banking,\n\t\t\t Housing, and Urban Affairs, the Committee on Finance, and the Select Committee\n\t\t\t on Intelligence of the Senate.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H6319A833FD334827AA28A7DB27CC787F\">\n <enum>\n 302.\n </enum>\n <header>\n National\n\t\t\t Strategy on Iran\n </header>\n <subsection id=\"HD0D214C9149E443598AD9DB3016088C6\">\n <enum>\n (a)\n </enum>\n <header>\n National\n\t\t\t strategy required\n </header>\n <text>\n The President shall develop a strategy, to be\n\t\t\t known as the\n <quote>\n National Strategy on Iran\n </quote>\n , that provides strategic\n\t\t\t guidance for activities that support the objective of addressing the threats\n\t\t\t posed by Iran.\n </text>\n </subsection>\n <subsection id=\"H6092947A6D7A4BC3A8F859AAA2D94242\">\n <enum>\n (b)\n </enum>\n <header>\n Annual\n\t\t\t report\n </header>\n <text>\n Not later than January 30 of each year, the President\n\t\t\t shall submit to the appropriate congressional committees the National Strategy\n\t\t\t on Iran required under subsection (a).\n </text>\n </subsection>\n <subsection id=\"H8967A22996544F68A7DF5B534F6A7BE5\">\n <enum>\n (c)\n </enum>\n <header>\n Matters To be\n\t\t\t included\n </header>\n <text>\n The report required under subsection (b) shall include,\n\t\t\t at a minimum, the following:\n </text>\n <paragraph id=\"H2823FD2C5D074273A7102B6D10F95953\">\n <enum>\n (1)\n </enum>\n <text>\n A\n\t\t\t description Iran’s grand strategy and security strategy, including strategic\n\t\t\t objectives, and the security posture and objectives of Iran.\n </text>\n </paragraph>\n <paragraph id=\"H07E1024936FA4F3789B65CF36F3F47B1\">\n <enum>\n (2)\n </enum>\n <text>\n A\n\t\t\t description of the United States strategy to—\n </text>\n <subparagraph id=\"H602EF3C43EED44AFAF53FB1CF073FF56\">\n <enum>\n (A)\n </enum>\n <text>\n address and\n\t\t\t counter the capabilities of Iran’s conventional forces and Iran’s\n\t\t\t unconventional forces;\n </text>\n </subparagraph>\n <subparagraph id=\"H01FDD15FFA6A43469B83E9AFF2C5C9BD\">\n <enum>\n (B)\n </enum>\n <text>\n disrupt and deny\n\t\t\t Iranian efforts to develop or augment capabilities related to nuclear,\n\t\t\t unconventional, and missile forces development;\n </text>\n </subparagraph>\n <subparagraph id=\"H1674C7E6398A4954A2C7FF04FE75B95C\">\n <enum>\n (C)\n </enum>\n <text>\n address the\n\t\t\t Government of Iran’s economic strategy to enable the objectives described in\n\t\t\t this subsection; and\n </text>\n </subparagraph>\n <subparagraph id=\"H823FA6ECDD2242509E31F0EB069CB3CD\">\n <enum>\n (D)\n </enum>\n <text>\n exploit key\n\t\t\t vulnerabilities.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HCC49032850664659A4F61477E2F1F508\">\n <enum>\n (3)\n </enum>\n <text>\n An implementation\n\t\t\t plan for the United States strategy described in paragraph (2).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HCF1623EA533547E683CA545102031A17\">\n <enum>\n (d)\n </enum>\n <header>\n Form\n </header>\n <text>\n The\n\t\t\t report required under subsection (b) shall be submitted in unclassified form to\n\t\t\t the greatest extent possible, but may include a classified annex, if\n\t\t\t necessary.\n </text>\n </subsection>\n <subsection id=\"H2A5E20F3C34E4BF6AD4032C98ABDECD5\">\n <enum>\n (e)\n </enum>\n <header>\n Appropriate\n\t\t\t congressional committees\n </header>\n <text>\n In this section, the term\n <term>\n appropriate congressional committees\n </term>\n means—\n </text>\n <paragraph id=\"H59D6B3AFCFE04A45A5D6C5A237C738E8\">\n <enum>\n (1)\n </enum>\n <text>\n the Committee on\n\t\t\t Foreign Affairs, the Committee on Armed Services, the Committee on Financial\n\t\t\t Services, the Committee on Ways and Means, and the Permanent Select Committee\n\t\t\t on Intelligence of the House of Representatives; and\n </text>\n </paragraph>\n <paragraph id=\"HD64715DA0EC54D618141A27DD09D71B5\">\n <enum>\n (2)\n </enum>\n <text>\n the Committee on\n\t\t\t Foreign Relations, the Committee on Armed Services, the Committee on Banking,\n\t\t\t Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select\n\t\t\t Committee on Intelligence of the Senate.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H58B4497326E64CE6B6889B27FD37064A\">\n <enum>\n 303.\n </enum>\n <header>\n Government\n\t\t\t Accountability Office report on sanctions enforcement\n </header>\n <subsection id=\"H812719E289A04CA48B9F78ADC7E2CAFD\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n Not later than 180 days after the date of the enactment\n\t\t\t of this Act, and annually thereafter, the Comptroller General of the United\n\t\t\t States shall submit to the appropriate congressional committees a report\n\t\t\t assessing the extent to which the President is implementing section 5(a) and\n\t\t\t (b) of the Iran Sanctions Act of 1996 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/172\">\n Public Law 104–172\n </external-xref>\n ; 50 U.S.C. 1701\n\t\t\t note), sections 104 and 104A of the Comprehensive Iran Sanctions,\n\t\t\t Accountability, and Divestment Act of 2010 (22 U.S.C. 8513 and 8513b) and title\n\t\t\t III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C.\n\t\t\t 8741 et seq.).\n </text>\n </subsection>\n <subsection id=\"HBE90A9F58614423580A543F4734440C5\">\n <enum>\n (b)\n </enum>\n <header>\n Basis of\n\t\t\t report\n </header>\n <text>\n The report required under subsection (a) shall be based on\n\t\t\t publicly-available information.\n </text>\n </subsection>\n <subsection id=\"H9E6A46DA44464CD59CF2FFA20542113F\">\n <enum>\n (c)\n </enum>\n <header>\n Appropriate\n\t\t\t congressional committees\n </header>\n <text>\n In this section, the term\n <term>\n appropriate congressional committees\n </term>\n means—\n </text>\n <paragraph id=\"HB92058E10D714A84AD2889B449F3AE24\">\n <enum>\n (1)\n </enum>\n <text>\n the Committee on\n\t\t\t Foreign Affairs, the Committee on Financial Services, and the Committee on Ways\n\t\t\t and Means of the House of Representatives; and\n </text>\n </paragraph>\n <paragraph id=\"H0BE1FFEB687F471E93B4261657737D1F\">\n <enum>\n (2)\n </enum>\n <text>\n the Committee on\n\t\t\t Foreign Relations, the Committee on Banking, Housing and Urban Affairs, and the\n\t\t\t Committee on Finance of the Senate.\n </text>\n </paragraph>\n </subsection>\n </section>\n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 850 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Royce (for himself, Mr. Engel , Ms. Ros-Lehtinen , Mr. Deutch , Mr. Poe of Texas , Mr. Sherman , Mr. Chabot , Mr. Connolly , Mr. Smith of New Jersey , Mr. Meeks , Mr. Wilson of South Carolina , Mr. Keating , Mr. McCaul , Mr. Cicilline , Mr. Salmon , Mr. Schneider , Mr. Duncan of South Carolina , Mr. Kennedy , Mr. Kinzinger of Illinois , Ms. Meng , Mr. Cotton , Ms. Frankel of Florida , Mr. Cook , Mr. Holding , Mr. Weber of Texas , Mr. Perry , Mr. Radel , Mr. Collins of Georgia , Mr. Meadows , Mr. Messer , Mr. Marino , Mr. Sires , Mr. Higgins , Mr. Vargas , Mr. Rohrabacher , Mr. Lowenthal , Mr. Stockman , and Ms. Gabbard ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on the Judiciary , Financial Services , Oversight and Government Reform , and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose additional human rights and economic and financial sanctions with respect to Iran, and for other purposes.\n\n1. Short title and table of contents (a) Short title This Act may be cited as the Nuclear Iran Prevention Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and statement of policy. Title I—Human rights and terrorism sanctions Sec. 101. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 102. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. Sec. 103. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran. Title II—Economic and financial sanctions Sec. 201. Sanctions with respect to certain transactions with Iran. Sec. 202. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals. Sec. 203. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions. Sec. 204. Sense of Congress regarding the European Central Bank. Title III—Miscellaneous provisions Sec. 301. Report on Iranian nuclear and economic capabilities. Sec. 302. National Strategy on Iran. Sec. 303. Government Accountability Office report on sanctions enforcement. 2. Findings and statement of policy (a) Findings Congress finds the following: (1) Iran’s acquisition of a nuclear weapons capability would— (A) embolden its already aggressive foreign policy, including its arming of terrorist organizations and other groups, its efforts to destabilize countries in the Middle East, and its efforts to target the United States, United States allies, and United States interests globally; (B) increase the risk that Iran would share its nuclear technology and expertise with extremist groups and rogue nations; (C) destabilize global energy markets, posing a direct and devastating threat to the American and global economy; and (D) likely lead other governments in the region to pursue their own nuclear weapons programs, increasing the prospect of nuclear proliferation throughout the region and effectively ending the viability of the global nonproliferation regime, including the Treaty on the Non-Proliferation of Nuclear Weapons. (2) A nuclear arms-capable Iran possessing intercontinental ballistic missiles, a development most experts expect could occur within a decade, would pose a direct nuclear threat to the United States. (b) Statement of policy It shall be the policy of the United States to prevent Iran from acquiring a nuclear weapons capability. I Human rights and terrorism sanctions 101. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Subtitle A of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741 et seq.) is amended— (1) by redesignating section 304 as section 305; and (2) by inserting after section 303 the following new section: 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Not later than 30 days after the date of the enactment of this section, the Secretary of State shall determine if Iran’s Revolutionary Guard Corps meets the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (b) Affirmative determination If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps meets the criteria set forth under such section 219, the Secretary shall designate Iran’s Revolutionary Guard Corps as a foreign terrorist organization under such section 219. (c) Negative determination (1) In general If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps does not meet the criteria set forth under such section 219, the Secretary shall submit to the committees of Congress specified in subparagraph (C) a report that contains a detailed justification as to which criteria have not been met. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain classified annex, if necessary. (3) Committees of Congress specified The committees of Congress referred to in paragraph (1) are the following: (A) The Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (B) The Committee on Foreign Relations and the Committee on the Judiciary of the Senate. . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 304 and inserting the following: Sec. 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 305. Rule of construction. . 102. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran (a) Finding and sense of Congress Section 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251) is amended to read as follows: (a) Finding and sense of Congress (1) Finding Congress finds that Iranian persons holding the following positions in the Government of Iran are ultimately responsible for and have and continue to knowingly order, control, direct and implement gross violations of the human rights of the Iranian people, the human rights of persons in other countries, censorship, and the diversion of food, medicine, medical devices, agricultural commodities and other goods intended for the Iranian people: (A) The Supreme Leader of Iran. (B) The President of Iran. (C) Members of the Council of Guardians. (D) Members of the Expediency Council. (E) The Minister of Intelligence and Security. (F) The Commander of the Iran’s Revolutionary Guard Corps. (G) The Commander of the Basij-e-Mostaz’afin. (H) The Commander of Ansar-e-Hezbollah. (I) The Commander of the Quds Force. (J) The Commander in Chief of the Police Force. (2) Sense of Congress It is the sense of Congress that— (A) the President should include any Iranian person holding a position in the Government of Iran described in paragraph (1) on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; and (B) the President should impose sanctions on such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (b) Additional finding and sense of Congress Section 401of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) inserting after subsection (a) the following: (b) Additional finding and sense of Congress (1) Finding Congress finds that other senior officials of the Government of Iran, its agencies and instrumentalities, also have and continue to knowingly order, control, direct, and implement gross violations of the human rights of the Iranian people and the human rights of persons in other countries. (2) Sense of Congress It is the sense of Congress that— (A) the President should investigate violations of human rights described in paragraph (1) to identify other senior officials of the Government of Iran that also have or continue to knowingly order, control, direct, or implement gross violations of human rights of the Iranian people and the human rights of persons in other countries; (B) the President should include any such official on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; and (C) the President should impose sanctions on any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (c) Report Section 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251), as redesignated by subsection (b) of this section, is amended— (1) by striking Not later than and inserting the following: (A) In general Not later than ; (2) by striking this Act and inserting the Iran Sanctions Enforcement and Augmentation Act , and every 180 days thereafter ; (3) by striking otherwise directing the commission of and inserting otherwise directing— (i) the commission of ; (4) by striking Iran. and inserting Iran; (ii) censorship or related activities with respect to Iran; or (iii) the diversion of goods, food, medicine, and medical devices, and agricultural commodities, intended for the people of Iran. ; and (5) by striking For any such person and inserting the following: (B) Additional requirement For any such person . (d) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 401 and inserting the following: Sec. 401. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. . 103. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran (a) In general Section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513(c)(2) ) is amended— (1) in subparagraph (D), by striking or at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (F) facilitates a significant transaction or transactions or provides significant financial services for— (i) a person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or 105C(c); or (ii) a person that exports sensitive technology to Iran and is subject to the prohibition on procurement contracts as described in section 106. . (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to any activity described in subparagraph (F) of section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (as added by subsection (a)(3)) initiated on or after the date that is 90 days after such date of enactment. (c) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a). II Economic and financial sanctions 201. Sanctions with respect to certain transactions with Iran (a) In general Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8721 et seq.) is amended by adding at the end the following new section: 225. Sanctions with respect to certain transactions with Iran (a) Authorization of sanctions (1) In general Except as specifically provided in this section, the President may impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) on a foreign person that the President determines has, on or after the date that is 180 days after the date of the enactment of this section, knowingly conducted or facilitated a significant financial transaction with the Central Bank of Iran or other Iranian financial institution that has been designated by the Secretary of the Treasury for the imposition of sanctions pursuant to such Act, for— (A) the purchase of goods (other than petroleum or petroleum products) or services by a person in Iran or on behalf of a person in Iran; or (B) the purchase of goods (other than petroleum or petroleum products) or services from a person in Iran or on behalf of a person in Iran. (2) Rule of construction Nothing in this section shall be construed to affect the imposition of sanctions with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran under section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648). (b) Exception for overall reductions of exports to and imports from Iran (1) In general The President may not impose sanctions under subsection (a) on a foreign person if the President determines and submits to the appropriate congressional committees a report that contains a determination of the President that the country with primary jurisdiction over the foreign person has, during the time period described in paragraph (2), significantly reduced— (A) the value of exports of goods (other than petroleum or petroleum products) and services from such country to Iran; and (B) the value of imports of goods (other than petroleum or petroleum products) and services to such country from Iran. (2) Time period described The time period referred to in paragraph (1) is the 180-day period ending on the date on which the President makes the determination under paragraph (1) as compared to the immediately preceding 180-day period. (c) Exception for sales of agricultural commodities, food, medicine and medical devices The President may not impose sanctions under subsection (a) on a foreign person with respect to a transaction for the sale of agricultural commodities, food, medicine or medical devices to Iran. (d) Definitions In this section: (1) Foreign person The term foreign person has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note). (2) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513b(d)). . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 224 the following: Sec. 225. Sanctions with respect to certain transactions with Iran. . 202. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals Section 1247 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 8806) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: (f) Persons owned or controlled by specially designated nationals (1) In general The President shall impose sanctions described in subsection (a) with respect to a foreign financial institution that the President determines has, on or after the date that is 90 days after the date of the enactment of this subsection, knowingly facilitated a significant financial transaction on behalf of any person on the list required by paragraph (2). (2) List (A) In general Not later than 60 days after the date of the enactment of this subsection, the President shall submit to the appropriate congressional committees list of persons that the President determines on or after the date of the enactment of this subsection are directly or indirectly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)). (B) Updates of list The President shall submit to the appropriate congressional committees an update of the list required by subparagraph (A)— (i) not less than once every 180 days after the date of submission of such list; and (ii) as new information becomes available. (C) Form of report; public availability (i) Form The list required by subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (ii) Public availability The unclassified portion of the list required by clause (i) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. (D) Consideration of data from other countries and nongovernmental organizations In preparing the list required by subparagraph (A), the President shall consider credible data already obtained by other countries and nongovernmental organizations. . 203. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions (a) Exception to applicability of sanctions with respect to petroleum transactions Section 1245(d)(4)(D)(i)(I) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648) is amended to read as follows: (I) has significantly reduced its volume of crude oil purchases from Iran, and volume of purchases of crude oil of Iranian origin, from the volume purchased in the immediately preceding 180-day period, and the President certifies in writing to Congress that the President has based such determination on accurate information on that country’s total purchases of crude oil from Iran or of Iranian origin; or . (b) Effective date The amendment made by this section shall take effect beginning on the date that is 30 days after the date of the enactment of this Act. 204. Sense of Congress regarding the European Central Bank (a) Findings Congress finds the following: (1) The Government of Iran, its agencies and instrumentalities, continue to have access to, and utilize, euro-denominated transactions, including for goods and services that are subject to sanctions imposed by the United States, the European Union and its member states and by the United Nations. (2) The Guidelines of the European Central Bank (Article 39(1)) states that: Participants shall be deemed to be aware of, and shall comply with, all obligations on them relating to legislation on data protection, prevention of money laundering and the financing of terrorism, proliferation-sensitive nuclear activities and the development of nuclear weapons delivery systems, in particular in terms of implementing appropriate measures concerning any payments debited or credited on their PM accounts. (3) United States and European convergence with respect to United States sanctions efforts toward the Iranian regime is a vital component of United States policy aimed at preventing the Iranian regime from acquiring a nuclear weapons capability. (b) Sense of Congress It is the sense of Congress that the President should closely coordinate and cooperate with the European Union and its member states to restrict access and use of the euro currency by the Government of Iran, its agencies and instrumentalities, for transactions (with the exception of food, medicine, medical devices and other humanitarian goods), including through the payment systems of the European Central Bank, such as its second generation Trans-European Automated Real-time Gross Settlement Express Transfer System, and local and regional Euro settlement platforms. III Miscellaneous provisions 301. Report on Iranian nuclear and economic capabilities (a) In general Not later that 60 days after the date of the enactment of this Act, and every 60 days thereafter, the President shall submit to the appropriate congressional committees a report on the following: (1) An estimate of the timeline for Iranian capabilities to develop nuclear weapons, including— (A) a nuclear explosive device; and (B) breakout capacity. (2) An assessment of Iranian strategy and capabilities relating to development of nuclear weapons, including— (A) a summary and analysis of current nuclear weapons capabilities; (B) an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran to develop its nuclear weapons capabilities; (C) a summary of the capabilities of Iran’s unconventional weapons and Iran’s ballistic missile forces and Iran’s cruise missile forces; (D) a detailed analysis of the effectiveness of Iran’s unconventional weapons and Iran’s ballistic missile forces and Iran’s cruise missile forces as delivery systems for a nuclear device; and (E) an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran on programs to develop a nuclear weapons capability. (3) Projected economic effects of international sanctions on Iran, including— (A) sources of funding for the activities of the Government of Iran described in paragraphs (1) and (2); (B) the role of the Government of Iran in the formal and informal sector of the domestic Iranian economy; (C) evasive and other efforts by the Government of Iran to circumvent international and bilateral sanctions regimes; and (D) Iran’s capital accounts, current accounts, foreign exchange reserve levels (including access to foreign exchange reserves), and other leading macroeconomic indicators, and estimated timelines with respect to Iran’s macroeconomic viability, including Iran’s exhaustion of foreign exchange reserves. (b) Form The report required under subsection (a) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (c) Definitions In this section: (1) Nuclear explosive device The term nuclear explosive device means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). (2) Breakout capacity The term breakout capacity means the point at which a country is able to produce enough weapon-grade uranium (or sufficient separated plutonium) for one or more nuclear explosive devices. (3) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate. 302. National Strategy on Iran (a) National strategy required The President shall develop a strategy, to be known as the National Strategy on Iran , that provides strategic guidance for activities that support the objective of addressing the threats posed by Iran. (b) Annual report Not later than January 30 of each year, the President shall submit to the appropriate congressional committees the National Strategy on Iran required under subsection (a). (c) Matters To be included The report required under subsection (b) shall include, at a minimum, the following: (1) A description Iran’s grand strategy and security strategy, including strategic objectives, and the security posture and objectives of Iran. (2) A description of the United States strategy to— (A) address and counter the capabilities of Iran’s conventional forces and Iran’s unconventional forces; (B) disrupt and deny Iranian efforts to develop or augment capabilities related to nuclear, unconventional, and missile forces development; (C) address the Government of Iran’s economic strategy to enable the objectives described in this subsection; and (D) exploit key vulnerabilities. (3) An implementation plan for the United States strategy described in paragraph (2). (d) Form The report required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (e) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select Committee on Intelligence of the Senate. 303. Government Accountability Office report on sanctions enforcement (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees a report assessing the extent to which the President is implementing section 5(a) and (b) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note), sections 104 and 104A of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513 and 8513b) and title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741 et seq.). (b) Basis of report The report required under subsection (a) shall be based on publicly-available information. (c) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Banking, Housing and Urban Affairs, and the Committee on Finance of the Senate."}}},{"rowIdx":1584,"cells":{"tv_id":{"kind":"string","value":"113-hr-850-rfs-dtd"},"legis_id":{"kind":"string","value":"113-hr-850"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":850,"string":"850"},"legis_version":{"kind":"string","value":"rfs"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr850rfs.xml"},"file_name":{"kind":"string","value":"BILLS-113hr850rfs.xml"},"lastmod":{"kind":"string","value":"2023-01-07 08:52:01.976"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 850 : Nuclear Iran Prevention Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-08-01\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title and table of\n\t\t\t contents\n \n \n \n (a)\n \n \n Short\n\t\t\t title\n \n \n This Act may be cited\n\t\t\t as the\n \n \n \n \n (b)\n \n \n Table of\n\t\t\t contents\n \n \n The table of\n\t\t\t contents for this Act is as follows:\n \n \n \n Sec. 1. Short title and table of contents.\n \n \n Sec. 2. Findings and statement of policy.\n \n \n Title I—Human rights and terrorism sanctions\n \n \n Sec. 101. Mandatory sanctions with respect to financial\n\t\t\t\tinstitutions that engage in certain transactions on behalf of persons involved\n\t\t\t\tin human rights abuses or that export sensitive technology to Iran.\n \n \n Sec. 102. Prevention of diversion of certain goods, services\n\t\t\t\tand technologies to Iran.\n \n \n Sec. 103. Designation of Iran’s Revolutionary Guard Corps as\n\t\t\t\tforeign terrorist organization.\n \n \n Sec. 104. Imposition of sanctions on certain persons\n\t\t\t\tresponsible for or complicit in human rights abuses, engaging in censorship, or\n\t\t\t\tengaging in the diversion of goods intended for the people of Iran.\n \n \n Sec. 105. Sense of Congress on elections in Iran.\n \n \n Sec. 106. Sense of Congress on designation of a Special\n\t\t\t\tCoordinator for advancing human rights and political participation for women in\n\t\t\t\tIran.\n \n \n Title II—Economic and financial sanctions\n \n \n Subtitle A—Amendments to Iran Sanctions Act of\n\t\t\t\t1996\n \n \n Sec. 201. Transfer to Iran of goods, services, or technology\n\t\t\t\tthat would materially contribute to Iran’s ability to mine or mill\n\t\t\t\turanium.\n \n \n Sec. 202. Repeal of waiver of sanctions relating to development\n\t\t\t\tof weapons of mass destruction or other military capabilities.\n \n \n Subtitle B—Amendments to Comprehensive Iran Sanctions,\n\t\t\t\tAccountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria\n\t\t\t\tHuman Rights Act of 2012\n \n \n Sec. 211. Modifications to prohibition on procurement contracts\n\t\t\t\twith persons that export sensitive technology to Iran.\n \n \n Sec. 212. Authority of State and local governments to avoid\n\t\t\t\texposure to sanctioned persons and sectors.\n \n \n Sec. 213. Sense of Congress regarding the European Central\n\t\t\t\tBank.\n \n \n Sec. 214. Imposition of sanctions with respect to certain\n\t\t\t\ttransactions in foreign currencies.\n \n \n Sec. 215. Sanctions with respect to certain transactions with\n\t\t\t\tIran.\n \n \n Subtitle C—Other matters\n \n \n Sec. 221. Imposition of sanctions with respect to the Central\n\t\t\t\tBank of Iran and other Iranian financial institutions.\n \n \n Sec. 222. Imposition of sanctions with respect to ports,\n\t\t\t\tspecial economic zones, free economic zones, and strategic sectors of\n\t\t\t\tIran.\n \n \n Sec. 223. Report on determinations not to impose sanctions on\n\t\t\t\tpersons who allegedly sell, supply, or transfer precious metals to or from\n\t\t\t\tIran.\n \n \n Sec. 224. Imposition of sanctions with respect to foreign\n\t\t\t\tfinancial institutions that facilitate financial transactions on behalf of\n\t\t\t\tpersons owned or controlled by specially designated nationals.\n \n \n Sec. 225. Repeal of exemptions under sanctions provisions of\n\t\t\t\tNational Defense Authorization Act for Fiscal Year 2013.\n \n \n Sec. 226. Termination of government contracts with persons who\n\t\t\t\tsell goods, services, or technology to, or conduct any other transaction with,\n\t\t\t\tIran.\n \n \n Sec. 227. Conditions for entry and operation of\n\t\t\t\tvessels.\n \n \n Title III—Additional authorities to prevent censorship activities\n\t\t\t\tin Iran\n \n \n Sec. 301. Report on implementation of sanctions against the\n\t\t\t\tIslamic Republic of Iran Broadcasting.\n \n \n Sec. 302. List of persons who are high-risk re-exporters of\n\t\t\t\tsensitive technologies.\n \n \n Sec. 303. Sense of Congress on provision of intercept\n\t\t\t\ttechnologies to Iran.\n \n \n Sec. 304. Sense of Congress on availability of consumer\n\t\t\t\tcommunication technologies in Iran.\n \n \n Sec. 305. Expedited consideration of requests for authorization\n\t\t\t\tof transfer of goods and services to Iran to facilitate the ability of Iranian\n\t\t\t\tpersons to freely communicate.\n \n \n Title IV—Reports and other matters\n \n \n Sec. 401. National Strategy on Iran.\n \n \n Sec. 402. Report on Iranian nuclear and economic\n\t\t\t\tcapabilities.\n \n \n Sec. 403. Report on plausibility of expanding sanctions on\n\t\t\t\tIranian oil.\n \n \n Sec. 404. GAO report on Iranian strategy to evade current\n\t\t\t\tsanctions and other matters.\n \n \n Sec. 405. Authority to consolidate reports required under Iran\n\t\t\t\tsanctions laws.\n \n \n Sec. 406. Amendments to definitions under Iran Sanctions Act of\n\t\t\t\t1996 and Iran Threat Reduction and Syria Human Rights Act of 2012.\n \n \n Sec. 407. Rule of construction.\n \n \n Sec. 408. Implementation; penalties.\n \n \n Sec. 409. Severability.\n \n \n \n \n \n \n 2.\n \n \n Findings and\n\t\t\t statement of policy\n \n \n \n (a)\n \n \n Findings\n \n \n Congress finds the following:\n \n \n \n (1)\n \n \n Iran’s acquisition\n\t\t\t of a nuclear weapons capability would—\n \n \n \n (A)\n \n \n embolden its\n\t\t\t already aggressive foreign policy, including its arming of terrorist\n\t\t\t organizations and other groups, its efforts to destabilize countries in the\n\t\t\t Middle East, and its efforts to target the United States, United States allies,\n\t\t\t and United States interests globally;\n \n \n \n \n (B)\n \n \n increase the risk\n\t\t\t that Iran would share its nuclear technology and expertise with extremist\n\t\t\t groups and rogue nations;\n \n \n \n \n (C)\n \n \n destabilize global\n\t\t\t energy markets, posing a direct and devastating threat to the American and\n\t\t\t global economy; and\n \n \n \n \n (D)\n \n \n likely lead other governments in the region\n\t\t\t to pursue their own nuclear weapons programs, increasing the prospect of\n\t\t\t nuclear proliferation throughout the region and effectively ending the\n\t\t\t viability of the global nonproliferation regime, including the Treaty on the\n\t\t\t Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow\n\t\t\t July 1, 1968, and entered into force on March 5, 1970.\n \n \n \n \n \n (2)\n \n \n A\n\t\t\t nuclear arms-capable Iran possessing intercontinental ballistic missiles, a\n\t\t\t development most experts expect could occur within a decade, would pose a\n\t\t\t direct nuclear threat to the United States.\n \n \n \n \n \n (b)\n \n \n Statement of\n\t\t\t policy\n \n \n It shall be the policy of the United States to prevent\n\t\t\t Iran from acquiring a nuclear weapons capability.\n \n \n \n \n <enum>\n I\n </enum>\n <header>\n Human\n\t\t\t rights and terrorism sanctions\n </header>\n <section id=\"HEDB64DC4CDE34A5CB2FDADF9F223F848\">\n <enum>\n 101.\n </enum>\n <header>\n Mandatory\n\t\t\t sanctions with respect to financial institutions that engage in certain\n\t\t\t transactions on behalf of persons involved in human rights abuses or that\n\t\t\t export sensitive technology to Iran\n </header>\n <subsection display-inline=\"no-display-inline\" id=\"H5F64892CF6F54434A21D6AAE652AAFF2\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 104(c)(2) of\n\t\t\t the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010\n\t\t\t (22 U.S.C.\n\t\t\t 8513(c)(2)) is amended—\n </text>\n <paragraph id=\"H8DCEA17ECDA14358AAF74694868CBBF8\">\n <enum>\n (1)\n </enum>\n <text>\n in subparagraph\n\t\t\t (D), by striking\n <quote>\n or\n </quote>\n at the end;\n </text>\n </paragraph>\n <paragraph id=\"H0B3AC49F64A248EAB2730E6FF307A312\">\n <enum>\n (2)\n </enum>\n <text>\n in subparagraph\n\t\t\t (E), by striking the period at the end and inserting\n <quote>\n ; or\n </quote>\n ;\n\t\t\t and\n </text>\n </paragraph>\n <paragraph id=\"HD4F62A2717BA44498D72958CD4A7C40A\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the\n\t\t\t end the following new subparagraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H4095C5A49C1B4954B90F6C0821D5091E\" style=\"OLC\">\n <subparagraph id=\"HF95282245E264DBA81BEBD70AEEBCD61\">\n <enum>\n (F)\n </enum>\n <text display-inline=\"yes-display-inline\">\n facilitates a significant transaction or\n\t\t\t\ttransactions or provides significant financial services for—\n </text>\n <clause id=\"H1E9E7F3A0B4640AB80AABD886FF7CC75\">\n <enum>\n (i)\n </enum>\n <text>\n a\n\t\t\t\tperson that is subject to sanctions under section 105(c), 105A(c), 105B(c), or\n\t\t\t\t105C(a); or\n </text>\n </clause>\n <clause id=\"H8AB882F935AC407DA1E90CC8059CDA29\">\n <enum>\n (ii)\n </enum>\n <text>\n a\n\t\t\t\tperson that exports sensitive technology to Iran and is subject to the\n\t\t\t\tprohibition on procurement contracts as described in section\n\t\t\t\t106.\n </text>\n </clause>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection display-inline=\"no-display-inline\" id=\"H56420FB39BA148CA8482F50292B97BF1\">\n <enum>\n (b)\n </enum>\n <header>\n Effective\n\t\t\t date\n </header>\n <text display-inline=\"yes-display-inline\">\n The amendments made by\n\t\t\t subsection (a) take effect on the date of the enactment of this Act and apply\n\t\t\t with respect to any activity described in subparagraph (F) of section 104(c)(2)\n\t\t\t of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010\n\t\t\t (as added by subsection (a)(3) of this section) initiated on or after the date\n\t\t\t that is 90 days after such date of enactment.\n </text>\n </subsection>\n <subsection id=\"H327598D9FE1D4937A2D3755137BDF900\">\n <enum>\n (c)\n </enum>\n <header>\n Regulations\n </header>\n <text>\n Not\n\t\t\t later than 90 days after the date of the enactment of this Act, the Secretary\n\t\t\t of the Treasury shall prescribe regulations to carry out the amendments made by\n\t\t\t subsection (a).\n </text>\n </subsection>\n </section>\n <section id=\"HB268BFD5EBA14230B4020A7104E06C45\">\n <enum>\n 102.\n </enum>\n <header>\n Prevention of\n\t\t\t diversion of certain goods, services and technologies to Iran\n </header>\n <subsection id=\"HA4191CCC061046E2A48C7889FD25A816\">\n <enum>\n (a)\n </enum>\n <header>\n Definitions\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 301(1) of the Comprehensive Iran\n\t\t\t Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8541\">\n 22 U.S.C. 8541(1)\n </external-xref>\n ) is amended by\n\t\t\t striking\n <quote>\n knows or has reason to know\n </quote>\n and inserting\n <quote>\n knows,\n\t\t\t has reason to know, or should have known\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H6A80AAE6E1DF43159310A4A820D1B133\">\n <enum>\n (b)\n </enum>\n <header>\n Identification\n\t\t\t of countries of concern with respect to the diversion of certain goods,\n\t\t\t services, and technologies to or through Iran\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 302(b) of the Comprehensive Iran\n\t\t\t Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8542\">\n 22 U.S.C. 8542(b)\n </external-xref>\n ) is\n\t\t\t amended—\n </text>\n <paragraph id=\"H3AEC3792619B452C896360CAA3BD231A\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph (1),\n\t\t\t by striking\n <quote>\n or\n </quote>\n at the end;\n </text>\n </paragraph>\n <paragraph id=\"H55B81393562647528D7523CDFEBA084E\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (2),\n\t\t\t by striking the period at the end and inserting\n <quote>\n ; or\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H5D11CF5E94C542CB891855695FCA83B2\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the\n\t\t\t end the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H05A3601BF0AE49C7B9FF52578D31AD42\" style=\"OLC\">\n <paragraph id=\"HBAF5326C56444BA1877E5A2BD6E60894\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n that are—\n </text>\n <subparagraph id=\"H09E3A0D3BAC94B5A86FA71C66DDC1232\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n items described in the Nuclear Suppliers\n\t\t\t\tGroup Guidelines for the Export of Nuclear Material, Equipment and Technology\n\t\t\t\t(published by the International Atomic Energy Agency as Information Circular\n\t\t\t\tINFCIRC/254/Rev. 3/Part 1, and subsequent revisions) and Guidelines for\n\t\t\t\tTransfers of Nuclear-Related Dual-Use Equipment, Material, and Related\n\t\t\t\tTechnology (published by the International Atomic Energy Agency as Information\n\t\t\t\tCircular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions);\n </text>\n </subparagraph>\n <subparagraph id=\"HDBB17455E0FA418CAAF0FBEF4AF8ABF4\">\n <enum>\n (B)\n </enum>\n <text>\n items on the\n\t\t\t\tMissile Technology Control Regime Equipment and Technology Annex of June 11,\n\t\t\t\t1996, and subsequent revisions;\n </text>\n </subparagraph>\n <subparagraph id=\"H91F6AA3D525946F998152F957CA03B01\">\n <enum>\n (C)\n </enum>\n <text>\n items and\n\t\t\t\tsubstances relating to biological and chemical weapons the export of which is\n\t\t\t\tcontrolled by the Australia Group;\n </text>\n </subparagraph>\n <subparagraph id=\"H7E964FB6E14E4ADD9145A834D06A7400\">\n <enum>\n (D)\n </enum>\n <text>\n items on the\n\t\t\t\tSchedule One or Schedule Two list of toxic chemicals and precursors the export\n\t\t\t\tof which is controlled pursuant to the Convention on the Prohibition of the\n\t\t\t\tDevelopment, Production, Stockpiling and Use of Chemical Weapons and on Their\n\t\t\t\tDestruction; or\n </text>\n </subparagraph>\n <subparagraph id=\"HB0D76260D02D40EA920745036B5BAC04\">\n <enum>\n (E)\n </enum>\n <text>\n items on the\n\t\t\t\tWassenaar Arrangement list of Dual Use Goods and Technologies and Munitions\n\t\t\t\tlist of July 12, 1996, and subsequent\n\t\t\t\trevisions.\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H8E0257400F4C45FDA053BC25BDAD330D\">\n <enum>\n (c)\n </enum>\n <header>\n Destinations of\n\t\t\t diversion concern\n </header>\n <text display-inline=\"yes-display-inline\">\n Section\n\t\t\t 303(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act\n\t\t\t of 2010 (22 U.S.C.\n\t\t\t 8543(c)) is amended—\n </text>\n <paragraph display-inline=\"no-display-inline\" id=\"H3FC7C743AE9E4DF8B6E26A4A6C8A1CD9\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n Not later than\n </quote>\n and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HF0C4339FF71C4C39AC199F1E4A3E9879\" style=\"OLC\">\n <paragraph id=\"HE67B39EE78644F44842101D01CCB7D67\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later\n\t\t\t\tthan\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n\t\t\t\tand\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H93818E21DB74494EA9CA1B6EB2190100\">\n <enum>\n (2)\n </enum>\n <text>\n by adding at the\n\t\t\t end the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H592806A87B924A79A50AF21C8EAC3E16\" style=\"OLC\">\n <paragraph id=\"HB58463E9F6394ECA9FC20E24E538CF30\">\n <enum>\n (2)\n </enum>\n <header>\n Additional\n\t\t\t\tmeasures\n </header>\n <subparagraph id=\"H34BC3BE034964CEB8C6BDF888DBC5294\">\n <enum>\n (A)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n Except as provided in this section, the President may\n\t\t\t\timpose restrictions on United States foreign assistance or measures authorized\n\t\t\t\tunder the International Emergency Economic Powers Act with respect to a country\n\t\t\t\tdesignated as a country of diversion concern if the President determines such\n\t\t\t\trestrictions or measures would prevent the transfer of United States-origin\n\t\t\t\tgoods, services, and technology to Iran.\n </text>\n </subparagraph>\n <subparagraph id=\"HE691D8FF3AA34B7E8963C001688683DE\">\n <enum>\n (B)\n </enum>\n <header>\n Exception\n </header>\n <text display-inline=\"yes-display-inline\">\n The authority to impose sanctions under\n\t\t\t\tsubparagraph (A) shall not include the authority to impose sanctions relating\n\t\t\t\tto the importation of goods.\n </text>\n </subparagraph>\n <subparagraph id=\"H19B7B4C6F5214C739CB89A0CEDE7CBE6\">\n <enum>\n (C)\n </enum>\n <header>\n Good\n\t\t\t\tdefined\n </header>\n <text display-inline=\"yes-display-inline\">\n In this paragraph,\n\t\t\t\tthe term\n <quote>\n good\n </quote>\n has the meaning given that term in section 16 of\n\t\t\t\tthe Export Administration Act of 1979 (\n <external-xref legal-doc=\"usc-appendix\" parsable-cite=\"usc-appendix/50/2415\">\n 50 U.S.C. App. 2415\n </external-xref>\n ) (as\n\t\t\t\tcontinued in effect pursuant to the International Emergency Economic Powers Act\n\t\t\t\t(50 U.S.C. 1701 et\n\t\t\t\tseq.)).\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H677C691FD69C4398B7EA0122B765F46E\">\n <enum>\n (d)\n </enum>\n <header>\n Effective\n\t\t\t date\n </header>\n <text display-inline=\"yes-display-inline\">\n The amendments made by\n\t\t\t this section take effect on the date of the enactment of this Act and apply\n\t\t\t with respect to countries identified in any update to the report that is\n\t\t\t required under section 302(c) of the Comprehensive Iran Sanctions,\n\t\t\t Accountability, and Divestment Act of 2010 and submitted to Congress on or\n\t\t\t after such date of enactment.\n </text>\n </subsection>\n </section>\n <section commented=\"no\" id=\"H93DCEBF8A1954C19B417D505FC587B5D\" section-type=\"subsequent-section\">\n <enum>\n 103.\n </enum>\n <header>\n Designation of\n\t\t\t Iran’s Revolutionary Guard Corps as foreign terrorist organization\n </header>\n <subsection commented=\"no\" id=\"H3980E4FD42B2481C93195DC425156874\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n Subtitle A of title\n\t\t\t III of the Iran Threat Reduction and Syria Human Rights Act of 2012\n\t\t\t (22 U.S.C. 8741 et\n\t\t\t seq.) is amended—\n </text>\n <paragraph commented=\"no\" id=\"HDB7760C18F7E40B58171A7A090F78611\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating\n\t\t\t section 304 as section 305; and\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HB942FA71599F4B32A91E2A72AFA3C90E\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after\n\t\t\t section 303 the following new section:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H7F36A69F64BB4FF9B8108D4D06B1363B\" style=\"OLC\">\n <section commented=\"no\" id=\"HF4104C59D70E42F9B8872790DDCC5267\">\n <enum>\n 304.\n </enum>\n <header>\n Designation of\n\t\t\t\tIran’s Revolutionary Guard Corps as foreign terrorist organization\n </header>\n <subsection commented=\"no\" display-inline=\"no-display-inline\" id=\"HE18923CEA61A4E21A98164DBBAFB7131\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n Not later than 30 days after the date of the enactment of\n\t\t\t\tthis section, the Secretary of State shall determine if Iran’s Revolutionary\n\t\t\t\tGuard Corps meets the criteria for designation as a foreign terrorist\n\t\t\t\torganization as set forth in section 219 of the Immigration and Nationality Act\n\t\t\t\t(8 U.S.C.\n\t\t\t\t1189).\n </text>\n </subsection>\n <subsection commented=\"no\" id=\"H865907DF664D439DB3A240AA81B1B1DA\">\n <enum>\n (b)\n </enum>\n <header>\n Affirmative\n\t\t\t\tdetermination\n </header>\n <text display-inline=\"yes-display-inline\">\n If the\n\t\t\t\tSecretary of State determines under subsection (a) that Iran’s Revolutionary\n\t\t\t\tGuard Corps meets the criteria set forth under such section 219, the Secretary\n\t\t\t\tshall designate Iran’s Revolutionary Guard Corps as a foreign terrorist\n\t\t\t\torganization under such section 219.\n </text>\n </subsection>\n <subsection commented=\"no\" id=\"H186782C150F14857B8BB537CE53BD997\">\n <enum>\n (c)\n </enum>\n <header>\n Negative\n\t\t\t\tdetermination\n </header>\n <paragraph commented=\"no\" id=\"H3333A73B7AC34B33B001601B3E0A4A47\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n If the Secretary of State determines under subsection (a)\n\t\t\t\tthat Iran’s Revolutionary Guard Corps does not meet the criteria set forth\n\t\t\t\tunder such section 219, the Secretary shall submit to the committees of\n\t\t\t\tCongress specified in subsection (e) a report that contains a detailed\n\t\t\t\tjustification as to which criteria have not been met.\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HD9D19C22FDA44DCA95EFF212D6A82ABF\">\n <enum>\n (2)\n </enum>\n <header>\n Form\n </header>\n <text>\n The\n\t\t\t\treport required under paragraph (1) shall be submitted in unclassified form,\n\t\t\t\tbut may contain a classified annex, if necessary.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HFFE9594CB8304E06B5D8F71B7DB72F7A\">\n <enum>\n (d)\n </enum>\n <header>\n Applicability of\n\t\t\t\tsanctions to Quds Force\n </header>\n <text display-inline=\"yes-display-inline\">\n The\n\t\t\t\tsanctions applied to any entity designated as a foreign terrorist organization\n\t\t\t\tas set forth in such section 219 shall be applied to the Iran’s Revolutionary\n\t\t\t\tGuard Corps Quds Force.\n </text>\n </subsection>\n <subsection commented=\"no\" id=\"H5C5262A1F3B54322B19A91EC1BCA24F1\">\n <enum>\n (e)\n </enum>\n <header>\n Committees of\n\t\t\t\tCongress specified\n </header>\n <text>\n The committees of Congress specified in this\n\t\t\t\tsubsection are the following:\n </text>\n <paragraph commented=\"no\" id=\"H6128956FF42F42FA8A93FA0F0EA20C6A\">\n <enum>\n (1)\n </enum>\n <text>\n The Committee on\n\t\t\t\tForeign Affairs, the Committee on the Judiciary, and the Committee on Homeland\n\t\t\t\tSecurity of the House of Representatives.\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"H922EF8E1A3534E889CDEBEF71D1C4A8E\">\n <enum>\n (2)\n </enum>\n <text>\n The Committee on\n\t\t\t\tForeign Relations, the Committee on the Judiciary, and the Committee on\n\t\t\t\tHomeland Security and Governmental Affairs of the\n\t\t\t\tSenate.\n </text>\n </paragraph>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" id=\"HBCA00E11764A4807AD967EDE8445BB50\">\n <enum>\n (b)\n </enum>\n <header>\n Clerical\n\t\t\t amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The table of\n\t\t\t contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is\n\t\t\t amended by striking the item relating to section 304 and inserting the\n\t\t\t following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HB1C22436175E40C2848B371477A87A7F\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 304. Designation of Iran’s\n\t\t\t\tRevolutionary Guard Corps as foreign terrorist organization.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 305. Rule of\n\t\t\t\tconstruction.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n </section>\n <section id=\"HC27D604D99AB4AD09B2E8CE1E713F6CB\">\n <enum>\n 104.\n </enum>\n <header>\n Imposition of\n\t\t\t sanctions on certain persons responsible for or complicit in human rights\n\t\t\t abuses, engaging in censorship, or engaging in the diversion of goods intended\n\t\t\t for the people of Iran\n </header>\n <subsection id=\"H97D59D608A3F4C24892CEE19E0D37832\">\n <enum>\n (a)\n </enum>\n <header>\n Finding and\n\t\t\t sense of Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n Section\n\t\t\t 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012\n\t\t\t (Public Law\n\t\t\t 112–158; 126 Stat. 1251) is amended to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HD5969C456D3342CF8431E8382C4FBBD1\" style=\"OLC\">\n <subsection id=\"H9055BB28E33D48C8AF0C17DDEA89EFA8\">\n <enum>\n (a)\n </enum>\n <header>\n Finding and\n\t\t\t\tsense of Congress\n </header>\n <paragraph id=\"H56C23C0C2FA843BC9687A219ACDD0C56\">\n <enum>\n (1)\n </enum>\n <header>\n Finding\n </header>\n <text display-inline=\"yes-display-inline\">\n Congress finds that Iranian persons holding\n\t\t\t\tthe following positions in the Government of Iran are ultimately responsible\n\t\t\t\tfor and have and continue to knowingly order, control, direct and implement\n\t\t\t\tgross violations of the human rights of the Iranian people, the human rights of\n\t\t\t\tpersons in other countries, censorship, and the diversion of food, medicine,\n\t\t\t\tmedical devices, agricultural commodities and other goods intended for the\n\t\t\t\tIranian people:\n </text>\n <subparagraph id=\"H002435DD072F491CB019E460C4323FDF\">\n <enum>\n (A)\n </enum>\n <text>\n The Supreme Leader\n\t\t\t\tof Iran.\n </text>\n </subparagraph>\n <subparagraph id=\"H3013EEE7E49E4F94A094D891E9D0622A\">\n <enum>\n (B)\n </enum>\n <text>\n The President of\n\t\t\t\tIran.\n </text>\n </subparagraph>\n <subparagraph id=\"H22EAB464CD1A42E29DBF2BD1922BBC31\">\n <enum>\n (C)\n </enum>\n <text>\n Members of the\n\t\t\t\tCouncil of Guardians.\n </text>\n </subparagraph>\n <subparagraph id=\"H7DC41BF138964338BD25C888CE6611E5\">\n <enum>\n (D)\n </enum>\n <text>\n Members of the\n\t\t\t\tExpediency Council.\n </text>\n </subparagraph>\n <subparagraph id=\"H8AE1FE8EB88841CE8BB6C9F2C42C5F97\">\n <enum>\n (E)\n </enum>\n <text>\n The Minister of\n\t\t\t\tIntelligence and Security.\n </text>\n </subparagraph>\n <subparagraph id=\"H531C207C1DE245288841483929DF3B88\">\n <enum>\n (F)\n </enum>\n <text>\n The Commander of\n\t\t\t\tthe Iran’s Revolutionary Guard Corps.\n </text>\n </subparagraph>\n <subparagraph id=\"HB3EC07776D97473FB1B5B79F1633F805\">\n <enum>\n (G)\n </enum>\n <text>\n The Commander of\n\t\t\t\tthe Basij-e-Mostaz’afin.\n </text>\n </subparagraph>\n <subparagraph id=\"HA29E42DC3AF848A0A18719EBCF3DF189\">\n <enum>\n (H)\n </enum>\n <text>\n The Commander of\n\t\t\t\tAnsar-e-Hezbollah.\n </text>\n </subparagraph>\n <subparagraph id=\"H67A618B85AD84A3F8BD5167F51539985\">\n <enum>\n (I)\n </enum>\n <text>\n The Commander of\n\t\t\t\tthe Quds Force.\n </text>\n </subparagraph>\n <subparagraph id=\"HB383F336C8AC4116A4824CD4650071C8\">\n <enum>\n (J)\n </enum>\n <text>\n The Commander in\n\t\t\t\tChief of the Police Force.\n </text>\n </subparagraph>\n <subparagraph id=\"H94C8879E3DDB425F929E0F44FF849592\">\n <enum>\n (K)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Senior officials or key employees of an\n\t\t\t\torganization described in any of subparagraphs (C) through (J) or in the Atomic\n\t\t\t\tEnergy Organization of Iran, the Islamic Consultative Assembly of Iran, the\n\t\t\t\tCouncil of Ministers of Iran, the Assembly of Experts of Iran, the Ministry of\n\t\t\t\tDefense and Armed Forces Logistics of Iran, the Ministry of Justice of Iran,\n\t\t\t\tthe Ministry of Interior of Iran, the prison system of Iran, or the judicial\n\t\t\t\tsystem of Iran.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H24CFC71CDCDF47DB9BDD8B6D60F1AA5A\">\n <enum>\n (2)\n </enum>\n <header>\n Sense of\n\t\t\t\tCongress\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the sense of\n\t\t\t\tCongress that—\n </text>\n <subparagraph id=\"H61F4DB160D3C478E9A504C4CA24192AF\">\n <enum>\n (A)\n </enum>\n <text>\n the President\n\t\t\t\tshould include any Iranian person holding a position in the Government of Iran\n\t\t\t\tdescribed in paragraph (1) on one or more of the lists of persons subject to\n\t\t\t\tsanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the\n\t\t\t\tComprehensive Iran Sanctions, Accountability, and Divestment Act of 2010\n\t\t\t\t(22 U.S.C.\n\t\t\t\t8514(b), 8514a(b), 8514b(b), or 8514c(b)); and\n </text>\n </subparagraph>\n <subparagraph id=\"HE62355F1E098442EB881458FE0204D26\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the President should impose sanctions on\n\t\t\t\tsuch Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act\n\t\t\t\t(as the case may\n\t\t\t\tbe).\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H37812AA2C05642268B688D20D735ADCD\">\n <enum>\n (b)\n </enum>\n <header>\n Additional\n\t\t\t finding and sense of Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 401 of the Iran Threat Reduction\n\t\t\t and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/158\">\n Public Law 112–158\n </external-xref>\n ; 126 Stat. 1251)\n\t\t\t is amended—\n </text>\n <paragraph id=\"HFB22F6DD667E43D68E28607091C9AFEB\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating\n\t\t\t subsection (b) as subsection (c); and\n </text>\n </paragraph>\n <paragraph id=\"HD6F0DC825B994F759A2E284C53242DAD\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after\n\t\t\t subsection (a) the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H57972C8444314CD5B73C67773E4B0E0D\" style=\"OLC\">\n <subsection id=\"HEB2A2D37E4E94ECD8541A7BF7061F649\">\n <enum>\n (b)\n </enum>\n <header>\n Additional\n\t\t\t\tfinding and sense of Congress\n </header>\n <paragraph id=\"H50B1C1DDB64C499792255837AE73D010\">\n <enum>\n (1)\n </enum>\n <header>\n Finding\n </header>\n <text display-inline=\"yes-display-inline\">\n Congress finds that other senior officials\n\t\t\t\tof the Government of Iran, its agencies and instrumentalities, also have and\n\t\t\t\tcontinue to knowingly order, control, direct, and implement gross violations of\n\t\t\t\tthe human rights of the Iranian people and the human rights of persons in other\n\t\t\t\tcountries.\n </text>\n </paragraph>\n <paragraph id=\"H16D6ECA4278E466C92D01238F1705853\">\n <enum>\n (2)\n </enum>\n <header>\n Sense of\n\t\t\t\tCongress\n </header>\n <text>\n It is the sense of Congress that—\n </text>\n <subparagraph id=\"H968B8884327B43BBA3B483FD044FAE44\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the President should investigate violations\n\t\t\t\tof human rights described in paragraph (1) to identify other senior officials\n\t\t\t\tof the Government of Iran that also have or continue to knowingly order,\n\t\t\t\tcontrol, direct, and implement gross violations of human rights of the Iranian\n\t\t\t\tpeople and the human rights of persons in other countries;\n </text>\n </subparagraph>\n <subparagraph id=\"HB4B244A8A0B94F9BAA45BC630939AAC9\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the President should include any such\n\t\t\t\tofficial on one or more of the lists of persons subject to sanctions pursuant\n\t\t\t\tto section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran\n\t\t\t\tSanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8514\">\n 22 U.S.C. 8514(b)\n </external-xref>\n , 8514a(b),\n\t\t\t\t8514b(b), or 8514c(b)); and\n </text>\n </subparagraph>\n <subparagraph id=\"H5A30683BF3414328A259E4033656C584\">\n <enum>\n (C)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the President should impose sanctions on\n\t\t\t\tany such official pursuant to section 105, 105A, 105B, or 105C of such Act (as\n\t\t\t\tthe case may\n\t\t\t\tbe).\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H11F76C46CA834F48BF14D27FF2AED6E8\">\n <enum>\n (c)\n </enum>\n <header>\n Report\n </header>\n <text>\n Section\n\t\t\t 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012\n\t\t\t (Public Law\n\t\t\t 112–158; 126 Stat. 1251) (as redesignated by subsection (b) of\n\t\t\t this section) is amended—\n </text>\n <paragraph id=\"HB434AF3D18DD40A2BB13AD71C8437B2B\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n Not later than\n </quote>\n and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HA2808AD531EF45638B7C389E68C535F4\" style=\"OLC\">\n <subparagraph id=\"H4E8CA96EFDFC42E789EDE2A0F6FC3E06\">\n <enum>\n (A)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later\n\t\t\t\tthan\n </text>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H97AFB285913940B6AA3056A780C8EA83\">\n <enum>\n (2)\n </enum>\n <text>\n by striking\n <quote>\n this Act\n </quote>\n and inserting\n <quote>\n the Nuclear Iran Prevention Act of\n\t\t\t 2013, and annually thereafter for 3 years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H5B907645411F45429BE1C1442E7CA2FE\">\n <enum>\n (3)\n </enum>\n <text>\n by striking\n <quote>\n otherwise directing the commission of\n </quote>\n and\n\t\t\t inserting\n </text>\n <quoted-block display-inline=\"yes-display-inline\" id=\"H0E3A1687201D427C893395B018104735\" style=\"OLC\">\n <text>\n otherwise\n\t\t\t directing—\n </text>\n <clause id=\"HCD8A491727EC431C868E004A93496113\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the commission\n\t\t\t\tof\n </text>\n </clause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H6050CD10177F4206A8FB98A356B3B909\">\n <enum>\n (4)\n </enum>\n <text>\n by striking\n <quote>\n Iran.\n </quote>\n and\n\t\t\t inserting\n </text>\n <quoted-block display-inline=\"yes-display-inline\" id=\"H4B483F4E7F0141BCB73908354108DADB\" style=\"OLC\">\n <text>\n Iran;\n </text>\n <clause id=\"H2C42FEB9C67D41279FFADCC2DBA1203F\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n censorship or related activities with\n\t\t\t\trespect to Iran; or\n </text>\n </clause>\n <clause id=\"H1A35CD13FFE24830A377DE51EAD8D822\">\n <enum>\n (iii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the diversion of goods, food, medicine,\n\t\t\t\tmedical devices, and agricultural commodities, intended for the people of\n\t\t\t\tIran.\n </text>\n </clause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H87CD579AAA84422CBD04413717A63710\">\n <enum>\n (5)\n </enum>\n <text>\n by striking\n <quote>\n For any such person\n </quote>\n and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HF0D6C46656E84E55868A8D70BFC950FE\" style=\"OLC\">\n <subparagraph id=\"H8CE46B90CC8942D3BEF5BE079345A9F8\">\n <enum>\n (B)\n </enum>\n <header>\n Requirement\n\t\t\t\trelating to persons not included\n </header>\n <text display-inline=\"yes-display-inline\">\n For any such\n\t\t\t\tperson\n </text>\n </subparagraph>\n <after-quoted-block>\n ;\n\t\t\t\tand\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H806C1879C6C14673B84D14B004700C03\">\n <enum>\n (6)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by adding at the end the following new\n\t\t\t subparagraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H99DDF7F037EA48658198BE6BAEFB13AC\" style=\"OLC\">\n <subparagraph id=\"H7C7BA2AB9B3D43EEB9744E33220D89C9\">\n <enum>\n (C)\n </enum>\n <header>\n Requirement\n\t\t\t\trelating to financial net worth\n </header>\n <text display-inline=\"yes-display-inline\">\n For each such person described in\n\t\t\t\tsubparagraph (A) and each such person described in subparagraph (B), the\n\t\t\t\tSecretary of State shall include in the report a description of the estimated\n\t\t\t\tnet worth of the person.\n </text>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H85F898E51A504AD1BBFB46CC5CADDB57\">\n <enum>\n (d)\n </enum>\n <header>\n Additional\n\t\t\t report\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 401 of the\n\t\t\t Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law\n\t\t\t 112–158; 126 Stat. 1251), as amended by this section, is\n\t\t\t further amended by adding at the end the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H1D607BA77D464B378B6CE763ED37BDA2\" style=\"OLC\">\n <subsection id=\"H5247F95AE7FE49FB86180F275B3C62D1\">\n <enum>\n (d)\n </enum>\n <header>\n Additional\n\t\t\t\treport\n </header>\n <paragraph id=\"H3A22B88D337F45FBAE6FBBD8341766D4\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n Not later than 180 days after the date of the enactment\n\t\t\t\tof the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3\n\t\t\t\tyears, the Secretary of State shall submit to the appropriate congressional\n\t\t\t\tcommittees a detailed report with respect to whether each person described in\n\t\t\t\tsubsection (a) or any family member of such person has facilitated deceptive\n\t\t\t\ttransactions for or on behalf of any person subject to United States sanctions\n\t\t\t\tconcerning Iran in violation of Executive Order 13608 of May 1, 2012 (77 Fed.\n\t\t\t\tReg. 26409; 50\n\t\t\t\tU.S.C. 1701 note) or any other provision of law.\n </text>\n </paragraph>\n <paragraph id=\"H9879DC7552504F2EAC43305C81565E2F\">\n <enum>\n (2)\n </enum>\n <header>\n Family member\n\t\t\t\tdefined\n </header>\n <text>\n In this subsection, the term\n <quote>\n family member\n </quote>\n includes, with respect to a person, any relative of such person to the third\n\t\t\t\tdegree of\n\t\t\t\tconsanguinity.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H4748497C17494C3DBB0A5C4EB24AD22D\">\n <enum>\n (e)\n </enum>\n <header>\n Conforming\n\t\t\t amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The heading for\n\t\t\t section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012\n\t\t\t (Public Law\n\t\t\t 112–158; 126 Stat. 1251) is amended by striking\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n committed\n\t\t\t against\n </header-in-text>\n </quote>\n and all that follows and inserting\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n , engaging in censorship, or\n\t\t\t engaging in the diversion of goods intended for the people of\n\t\t\t Iran.\n </header-in-text>\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H34C0F45052E64629989CDD0F06D1C89F\">\n <enum>\n (f)\n </enum>\n <header>\n Clerical\n\t\t\t amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The table of\n\t\t\t contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is\n\t\t\t amended by striking the item relating to section 401 and inserting the\n\t\t\t following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HCAC3A15AC270467FB77F9A86A7280533\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 401. Imposition of sanctions on\n\t\t\t\tcertain persons responsible for or complicit in human rights abuses, engaging\n\t\t\t\tin censorship, or engaging in the diversion of goods intended for the people of\n\t\t\t\tIran.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n </section>\n <section id=\"HC6419E1CBE034F2BB22DAC7A1F6E2BEC\">\n <enum>\n 105.\n </enum>\n <header>\n Sense of\n\t\t\t Congress on elections in Iran\n </header>\n <subsection id=\"H8589DE600F244687A3594AF5246A8A43\">\n <enum>\n (a)\n </enum>\n <header>\n Findings\n </header>\n <text display-inline=\"yes-display-inline\">\n Congress makes the following\n\t\t\t findings:\n </text>\n <paragraph id=\"H2B8ACE61116742F9B4913BD08BD20253\">\n <enum>\n (1)\n </enum>\n <text>\n The Iranian people\n\t\t\t are systematically denied free, fair, and credible elections by the Government\n\t\t\t of the Islamic Republic of Iran.\n </text>\n </paragraph>\n <paragraph id=\"H8539DD04F6094645ABA6B9186B756163\">\n <enum>\n (2)\n </enum>\n <text>\n The unelected and\n\t\t\t unaccountable Guardian Council disqualifies hundreds of qualified candidates,\n\t\t\t including women and most religious minorities, while the regime intimidates\n\t\t\t others into staying out of elections completely.\n </text>\n </paragraph>\n <paragraph id=\"HA810F85F44954D98BC3C7F1453BDBB05\">\n <enum>\n (3)\n </enum>\n <text>\n Voting\n\t\t\t inconsistencies, including an absence of international observers, and fraud are\n\t\t\t commonplace.\n </text>\n </paragraph>\n <paragraph id=\"HA045E57ED8C5433AB45CE8247791E91C\">\n <enum>\n (4)\n </enum>\n <text>\n The 2009\n\t\t\t presidential elections proved that the regime will engage in large scale\n\t\t\t vote-rigging to ensure a specific result.\n </text>\n </paragraph>\n <paragraph id=\"HE762C961EBF5447ABA372F35E2C655C2\">\n <enum>\n (5)\n </enum>\n <text>\n The Iranian regime\n\t\t\t combines electoral manipulation with the ruthless suppression of dissent.\n\t\t\t Following the 2009 elections, peaceful demonstrators were met with violence by\n\t\t\t the regime’s security apparatus, including arbitrary detentions, beatings,\n\t\t\t kidnappings, rapes, and murders.\n </text>\n </paragraph>\n <paragraph id=\"H50BB94B56F644C90AAA567E5EEE375DC\">\n <enum>\n (6)\n </enum>\n <text>\n The electoral\n\t\t\t manipulation and human rights violations are in violation of the Government of\n\t\t\t Iran’s agreed to obligations under the United Nations International Covenant on\n\t\t\t Civil and Political Rights.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H4BB77C82A7EE4B898D746BC508F4118E\">\n <enum>\n (b)\n </enum>\n <header>\n Sense of\n\t\t\t Congress\n </header>\n <text>\n It is the sense of the Congress that—\n </text>\n <paragraph id=\"H59B53D4E4CDB45E0BEBED18434A8449C\">\n <enum>\n (1)\n </enum>\n <text>\n the Iranian people\n\t\t\t are deprived by their government of free, fair, and credible elections;\n </text>\n </paragraph>\n <paragraph id=\"H85D5BDF8350340E0AB6890D560F23C24\">\n <enum>\n (2)\n </enum>\n <text>\n the United States\n\t\t\t should support freedom, human rights, civil liberties, and the rule of law in\n\t\t\t Iran, and elections that are free and fair, meet international standards, and\n\t\t\t allow independent international and domestic electoral observers unrestricted\n\t\t\t access to polling and counting stations; and\n </text>\n </paragraph>\n <paragraph id=\"H58C683BBB78D4D4D97CF55964A025B1D\">\n <enum>\n (3)\n </enum>\n <text>\n the United States\n\t\t\t should support the people of Iran in their peaceful calls for a representative\n\t\t\t and responsive democratic government that respects human rights, civil\n\t\t\t liberties, and the rule of law.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H8AF9816AA6A34A11934DDD0E7167E72F\">\n <enum>\n 106.\n </enum>\n <header>\n Sense of\n\t\t\t Congress on designation of a Special Coordinator for advancing human rights and\n\t\t\t political participation for women in Iran\n </header>\n <text display-inline=\"no-display-inline\">\n It is the sense of Congress that the\n\t\t\t Secretary of State should designate a Special Coordinator position in the\n\t\t\t Bureau of Near Eastern Affairs whose primary function is to facilitate\n\t\t\t cooperation across departments for the purpose of advancing human rights and\n\t\t\t political participation for women in Iran, as well as to prepare evidence and\n\t\t\t information to be used in identifying Iranian officials for designation as\n\t\t\t human rights violators for their involvement in violating the human rights of\n\t\t\t women in Iran.\n </text>\n </section>\n \n \n <enum>\n II\n </enum>\n <header>\n Economic and\n\t\t\t financial sanctions\n </header>\n <subtitle id=\"H83E095B8EA294A428515042397CBFEEE\">\n <enum>\n A\n </enum>\n <header>\n Amendments to Iran\n\t\t\t Sanctions Act of 1996\n </header>\n <section id=\"HBAB2EC46FF6347F38FC3C5E6FB7738B7\">\n <enum>\n 201.\n </enum>\n <header>\n Transfer to\n\t\t\t Iran of goods, services, or technology that would materially contribute to\n\t\t\t Iran’s ability to mine or mill uranium\n </header>\n <subsection id=\"HDF10627F12634B388CB036089274CE00\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n Section 5(b) of the Iran Sanctions Act of 1996\n\t\t\t (Public Law\n\t\t\t 104–172;\n\t\t\t 50 U.S.C.\n\t\t\t 1701 note) is amended by adding at the end the following new\n\t\t\t paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HA1C87A8CD04444C6BC5FCADE17767587\" style=\"OLC\">\n <paragraph id=\"H11D024806E054B7B85C60E1FDA470503\">\n <enum>\n (3)\n </enum>\n <header>\n Transfer to Iran\n\t\t\t\tof goods, services, or technology that can be used for mining or milling of\n\t\t\t\turanium\n </header>\n <text display-inline=\"yes-display-inline\">\n Except as provided in\n\t\t\t\tsubsection (f), the President shall impose 5 or more of the sanctions described\n\t\t\t\tin section 6(a) with respect to a person if the President determines that the\n\t\t\t\tperson knowingly transferred, on or after the date of the enactment of the\n\t\t\t\tNuclear Iran Prevention Act of 2013, to Iran goods, services, or technology\n\t\t\t\tthat would materially contribute to Iran’s ability to mine or mill\n\t\t\t\turanium.\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HA2AA3E951E9F48B1A788049227A5DEFD\">\n <enum>\n (b)\n </enum>\n <header>\n Conforming\n\t\t\t amendments\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 5 of such\n\t\t\t Act is amended in subsection (b)(3), (c), and (f) by striking\n <quote>\n paragraph\n\t\t\t (1) or (2)\n </quote>\n each place it appears and inserting\n <quote>\n paragraph (1),\n\t\t\t (2), or (3)\n </quote>\n .\n </text>\n </subsection>\n </section>\n <section id=\"H59BE51F4B0E248EBA15BE137391DEBF5\">\n <enum>\n 202.\n </enum>\n <header>\n Repeal of\n\t\t\t waiver of sanctions relating to development of weapons of mass destruction or\n\t\t\t other military capabilities\n </header>\n <text display-inline=\"no-display-inline\">\n Section 9(c)(1) of the Iran Sanctions Act of\n\t\t\t 1996 (Public\n\t\t\t Law 104–172;\n\t\t\t 50 U.S.C.\n\t\t\t 1701 note) is amended—\n </text>\n <paragraph id=\"H3DEB77B4C06645679E2C562319029494\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n\t\t\t subparagraph (B);\n </text>\n </paragraph>\n <paragraph id=\"H2B71185913B14189887E8E361A7F8169\">\n <enum>\n (2)\n </enum>\n <text>\n by redesignating\n\t\t\t subparagraph (C) as subparagraph (B); and\n </text>\n </paragraph>\n <paragraph id=\"H06B6B2BC653B4D1C9226CAAAD9D170E7\">\n <enum>\n (3)\n </enum>\n <text>\n in subparagraph\n\t\t\t (B) (as redesignated by paragraph (2) of this section)—\n </text>\n <subparagraph id=\"H56BB528FA47B43A3AC45A4B6E9EA9CF6\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n or (B)\n </quote>\n each place it appears; and\n </text>\n </subparagraph>\n <subparagraph id=\"H9256B05448B2478BBAD74AD5B17F6902\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n , as applicable\n </quote>\n .\n </text>\n </subparagraph>\n </paragraph>\n </section>\n </subtitle>\n <subtitle id=\"H59FA744E9EEB46E690552DAF37C0B006\">\n <enum>\n B\n </enum>\n <header>\n Amendments to\n\t\t\t Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and\n\t\t\t Iran Threat Reduction and Syria Human Rights Act of 2012\n </header>\n <section id=\"H2465FF2B8A7B4493B484C52CAF37AC80\">\n <enum>\n 211.\n </enum>\n <header>\n Modifications\n\t\t\t to prohibition on procurement contracts with persons that export sensitive\n\t\t\t technology to Iran\n </header>\n <subsection id=\"H7FF8BE26F8E84AC08114DD288046C555\">\n <enum>\n (a)\n </enum>\n <header>\n Application to\n\t\t\t owners and subsidiaries\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection (a) of section 106 of the\n\t\t\t Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010\n\t\t\t (Public Law\n\t\t\t 111–195;\n\t\t\t 22 U.S.C.\n\t\t\t 8515) is amended—\n </text>\n <paragraph id=\"HBA2B706DE9D24A24BF992EA58C364EAE\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n goods or services with a person\n </quote>\n and inserting the following:\n </text>\n <quoted-block display-inline=\"yes-display-inline\" id=\"H8F57996C9FC94A689280C8C065980B21\" style=\"OLC\">\n <text>\n goods or services—\n </text>\n <paragraph id=\"H127B89E1465F44738BEFB39FE754DBD7\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n with a\n\t\t\t\tperson\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"H3320EFA86CD1415D8CD7AB4031129E88\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (1),\n\t\t\t as added by paragraph (1) of this subsection, by striking the period at the end\n\t\t\t and inserting and inserting\n <quote>\n ; or\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HA8B0DE390F9C45E78084BA3E3CFA0AE6\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the\n\t\t\t end the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H10D174436CA54724BC7F71FB203C02C7\" style=\"OLC\">\n <paragraph id=\"H2858288070DF4F40A4FFCA9FF160F1AF\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n with respect to a person acting on behalf\n\t\t\t\tof or at the direction of, or owned or controlled by, a person described in\n\t\t\t\tparagraph (1) or a person who owns or controls a person described in paragraph\n\t\t\t\t(1).\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H5C026BCC53584B72AF394B45B84CADA1\">\n <enum>\n (b)\n </enum>\n <header>\n Sensitive\n\t\t\t technology defined\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection\n\t\t\t (c)(1) of such section is amended by striking\n <quote>\n is to be used\n\t\t\t specifically\n </quote>\n and inserting\n <quote>\n has been designed or specifically\n\t\t\t modified\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"HDC4F1B47385B4AF6A3432E6520E5624D\">\n <enum>\n (c)\n </enum>\n <header>\n Presidential\n\t\t\t determination and imposition of additional sanctions\n </header>\n <text display-inline=\"yes-display-inline\">\n Such section, as so amended, is further\n\t\t\t amended by adding at the end the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HC8CB9BF3E4E647BD8BB4C0B03314CB93\" style=\"OLC\">\n <subsection id=\"HCFE1FBF52C1C4BFCB93D88289A80A616\">\n <enum>\n (e)\n </enum>\n <header>\n Presidential\n\t\t\t\tdetermination and imposition of additional sanctions\n </header>\n <text display-inline=\"yes-display-inline\">\n The President shall impose 5 or more of the\n\t\t\t\tsanctions described in section 6(a) of the Iran Sanctions Act of 1996\n\t\t\t\t(Public Law\n\t\t\t\t104–172;\n\t\t\t\t50 U.S.C.\n\t\t\t\t1701 note) with respect to—\n </text>\n <paragraph id=\"H605EA233ADBD4E0DBE82109B3A4BE1BE\">\n <enum>\n (1)\n </enum>\n <text>\n a person if the\n\t\t\t\tPresident determines that the person knowingly exports sensitive technology to\n\t\t\t\tIran; or\n </text>\n </paragraph>\n <paragraph id=\"H4DBB4D36DA8C4457852B45B66A49A30B\">\n <enum>\n (2)\n </enum>\n <text>\n a person acting on\n\t\t\t\tbehalf of or at the direction of, or owned or controlled by, a person described\n\t\t\t\tin paragraph (1) or a person who owns or controls a person described in\n\t\t\t\tparagraph\n\t\t\t\t(1).\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H5CB279416F5B402EA1C2A33BF5346890\">\n <enum>\n (d)\n </enum>\n <header>\n Conforming\n\t\t\t amendment\n </header>\n <text>\n The heading of such section is amended by inserting\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n and imposition of sanctions\n\t\t\t against\n </header-in-text>\n </quote>\n after\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n with\n </header-in-text>\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H3895ED673DCC49BA9F568692EAA7FB7F\">\n <enum>\n (e)\n </enum>\n <header>\n Clerical\n\t\t\t amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The table of\n\t\t\t contents for the Comprehensive Iran Sanctions, Accountability, and Divestment\n\t\t\t Act of 2010 is amended by striking the item relating to section 106 and\n\t\t\t inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HDD2D3C1FB62240CBA52DC3B76C14D1A2\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 106. Prohibition on procurement\n\t\t\t\tcontracts with and imposition of sanctions against persons that export\n\t\t\t\tsensitive technology to\n\t\t\t\tIran.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H6EE022EBE38846E09DBD969A456BF00E\">\n <enum>\n (f)\n </enum>\n <header>\n Effective\n\t\t\t date\n </header>\n <text>\n The amendments made by this section take effect on the date\n\t\t\t of the enactment of this Act and apply with respect to exports of sensitive\n\t\t\t technology to Iran that occur on or after such date of enactment.\n </text>\n </subsection>\n </section>\n <section id=\"HB215729A9A7E4591BBC2C401C5F02196\">\n <enum>\n 212.\n </enum>\n <header>\n Authority of\n\t\t\t State and local governments to avoid exposure to sanctioned persons and\n\t\t\t sectors\n </header>\n <subsection id=\"HC54C3275626C4500AD67494F5B409978\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n Section 202 of the Comprehensive Iran Sanctions,\n\t\t\t Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8532\">\n 22 U.S.C. 8532\n </external-xref>\n ) is amended by\n\t\t\t striking subsections (a), (b), and (c) and inserting the following:\n </text>\n <quoted-block id=\"HBDA2137E69F44075BAD224FDE5BF37E1\" style=\"OLC\">\n <subsection id=\"HEE36CD3330E94CDB91E534EFB17C4005\">\n <enum>\n (a)\n </enum>\n <header>\n Sense of\n\t\t\t\tcongress\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the sense of\n\t\t\t\tCongress that the United States should respect the decision of any State or\n\t\t\t\tlocal government to divest from or prohibit the investment of assets of the\n\t\t\t\tState or local government in a person described in subsection (c) or to impose\n\t\t\t\tdisclosure and transparency requirements on any person subject to the\n\t\t\t\tjurisdiction of such government, except with respect to an activity that is\n\t\t\t\texempt, licensed, or otherwise authorized by a Federal department or\n\t\t\t\tagency.\n </text>\n </subsection>\n <subsection id=\"H94B50FEA3C3D4EE18587519DB6212183\">\n <enum>\n (b)\n </enum>\n <header>\n Authority\n </header>\n <text>\n Notwithstanding\n\t\t\t\tany other provision of law, a State or local government may adopt and enforce\n\t\t\t\tmeasures that meet the requirements of subsection (d)—\n </text>\n <paragraph id=\"HC49B7BFD450F417DAC584CD2FD45A9C3\">\n <enum>\n (1)\n </enum>\n <text>\n to divest the\n\t\t\t\tassets of the State or local government from a person described in subsection\n\t\t\t\t(c);\n </text>\n </paragraph>\n <paragraph id=\"H2F982597DC9B4DA8A091D4CB0284D6AF\">\n <enum>\n (2)\n </enum>\n <text>\n to prohibit\n\t\t\t\tinvestment of the assets of the State or local government in any such person;\n\t\t\t\tor\n </text>\n </paragraph>\n <paragraph id=\"H898B49A902294E438CDC25AA4AD843E7\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n to impose disclosure and transparency\n\t\t\t\trequirements on any person subject to the jurisdiction of such government,\n\t\t\t\texcept with respect to an activity that is exempt, licensed, or otherwise\n\t\t\t\tauthorized by a Federal department or agency.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H380154CA5D5D4605A7C3E162BC85E4CA\">\n <enum>\n (c)\n </enum>\n <header>\n Persons\n\t\t\t\tdescribed\n </header>\n <text>\n A person described in this subsection is a person with\n\t\t\t\trespect to which sanctions have been, and continue to be, imposed pursuant\n\t\t\t\tto—\n </text>\n <paragraph id=\"H4DCCE4E86B23405EB9AEBEFF0D037D49\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n section 104(c) of this Act;\n </text>\n </paragraph>\n <paragraph id=\"H55976433E5584217A1AD315EF8E638EE\">\n <enum>\n (2)\n </enum>\n <text>\n section 5 of the\n\t\t\t\tIran Sanctions Act of 1996 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701\n </external-xref>\n note);\n </text>\n </paragraph>\n <paragraph id=\"H7C1E595856D34D7B9A591C1F5F77BA7D\">\n <enum>\n (3)\n </enum>\n <text>\n section 1245(d) of\n\t\t\t\tthe National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C.\n\t\t\t\t8513a(d)); or\n </text>\n </paragraph>\n <paragraph id=\"H8CD966774B07457C8E793A5FBCFBD6D8\">\n <enum>\n (4)\n </enum>\n <text>\n sections 1244,\n\t\t\t\t1245, 1246 or 1247 of the National Defense Authorization Act for Fiscal Year\n\t\t\t\t2013 (22 U.S.C.\n\t\t\t\t8803, 8804, 8805, or\n\t\t\t\t8806).\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H58149A70A21445B1AA64D63530E996FD\">\n <enum>\n (b)\n </enum>\n <header>\n Conforming\n\t\t\t amendments\n </header>\n <text>\n Section 202 of the Comprehensive Iran Sanctions,\n\t\t\t Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8532\">\n 22 U.S.C. 8532\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H79C1883757B749BFA6C35A50EFF8DFED\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection\n\t\t\t (d)(4), by striking\n <quote>\n engages in investment activities in Iran described\n\t\t\t in subsection (c)\n </quote>\n and inserting\n <quote>\n is a person described in\n\t\t\t subsection (c)\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H328EDAB860534E9DA151E0350F6432A5\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (f),\n\t\t\t by striking\n <quote>\n or (i)\n </quote>\n and inserting\n <quote>\n or (g)\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"H7891C07F53394B1C90A846C9DC334325\">\n <enum>\n (3)\n </enum>\n <text>\n by striking\n\t\t\t subsection (h) and by redesignating subsections (i) and (j) as subsections (h)\n\t\t\t and (i), respectively; and\n </text>\n </paragraph>\n <paragraph id=\"HFDB83A06ADEE4AE19FB2FF9B1B61497F\">\n <enum>\n (4)\n </enum>\n <text>\n in paragraph (1)\n\t\t\t of subsection (i) (as redesignated by paragraph (3) of this subsection), by\n\t\t\t striking\n <quote>\n (determined without regard to subsection (c))\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HE8B0D3AE9EB249CB8E0F8A29D16A298F\">\n <enum>\n (c)\n </enum>\n <header>\n Effective\n\t\t\t date\n </header>\n <text>\n The amendments made by this section apply to measures\n\t\t\t adopted by State and local governments on or after the date of the enactment of\n\t\t\t this Act.\n </text>\n </subsection>\n </section>\n <section id=\"H3C97287A16AE431FAB9614FA7A1A44F4\">\n <enum>\n 213.\n </enum>\n <header>\n Sense of\n\t\t\t Congress regarding the European Central Bank\n </header>\n <subsection id=\"H4EADD0914559482BBD94FC438DA0B305\">\n <enum>\n (a)\n </enum>\n <header>\n Findings\n </header>\n <text display-inline=\"yes-display-inline\">\n Congress finds the following:\n </text>\n <paragraph id=\"H4A4B0DB40CFF4FBF8B5CAA0E512DA6BA\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n The Government of Iran, its agencies and\n\t\t\t instrumentalities, continue to have access to, and utilize, euro-denominated\n\t\t\t transactions, including for goods and services that are subject to sanctions\n\t\t\t imposed by the United States, the European Union and its member states and by\n\t\t\t the United Nations.\n </text>\n </paragraph>\n <paragraph id=\"HFE61AA11047A4D52AEFEA3ADBC653A69\">\n <enum>\n (2)\n </enum>\n <text>\n The Guidelines of\n\t\t\t the European Central Bank (Article 39(1)) states that:\n <quote>\n Participants\n\t\t\t shall be deemed to be aware of, and shall comply with, all obligations on them\n\t\t\t relating to legislation on data protection, prevention of money laundering and\n\t\t\t the financing of terrorism, proliferation-sensitive nuclear activities and the\n\t\t\t development of nuclear weapons delivery systems, in particular in terms of\n\t\t\t implementing appropriate measures concerning any payments debited or credited\n\t\t\t on their PM accounts.\n </quote>\n </text>\n </paragraph>\n <paragraph id=\"H94F9CA66FC0B428885D82B57A5BB2874\">\n <enum>\n (3)\n </enum>\n <text>\n United States and\n\t\t\t European convergence with respect to United States sanctions efforts toward the\n\t\t\t Government of Iran is a vital component of United States policy aimed at\n\t\t\t preventing the Government of Iran from acquiring a nuclear weapons\n\t\t\t capability.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HB3B8D8ECC4F0418B9F6448508E842BED\">\n <enum>\n (b)\n </enum>\n <header>\n Sense of\n\t\t\t Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the sense of\n\t\t\t Congress that the President should continue to closely coordinate and cooperate\n\t\t\t with the European Union and its member states to restrict access to and use of\n\t\t\t the euro currency by the Government of Iran, its agencies and\n\t\t\t instrumentalities, for transactions with the exception of food, medicine,\n\t\t\t medical devices, and agricultural commodities.\n </text>\n </subsection>\n </section>\n <section id=\"HD92F400D60374843A7B0627351C36442\">\n <enum>\n 214.\n </enum>\n <header>\n Imposition of\n\t\t\t sanctions with respect to certain transactions in foreign currencies\n </header>\n <subsection id=\"H691051621ECC4974A8858BFA0A5FAF01\">\n <enum>\n (a)\n </enum>\n <header>\n Imposition of\n\t\t\t sanctions\n </header>\n <text>\n Subtitle B of title II of the Iran Threat Reduction and\n\t\t\t Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8721\">\n 22 U.S.C. 8721 et seq.\n </external-xref>\n ) is amended\n\t\t\t by inserting after section 220 the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H25DE2A44EE6E47CE8F6E31ABC71C9FAB\" style=\"OLC\">\n <section id=\"HEB51418BD5904369842F5B7E70A0E53F\">\n <enum>\n 220A.\n </enum>\n <header>\n Imposition of\n\t\t\t\tsanctions with respect to certain transactions in foreign currencies\n </header>\n <subsection id=\"HC6B3E8F4E3E44381B1264F329679B9AD\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n Except as provided in this section, the President—\n </text>\n <paragraph id=\"H69C490E3F2F1420282E9275278F23A73\">\n <enum>\n (1)\n </enum>\n <text>\n shall prohibit the\n\t\t\t\topening, and prohibit or impose strict conditions on the maintaining, in the\n\t\t\t\tUnited States of a correspondent account or a payable-through account by a\n\t\t\t\tforeign financial institution that is a person described in subsection (c);\n\t\t\t\tand\n </text>\n </paragraph>\n <paragraph id=\"HC2D779369E174A8A8D3452F9017522A7\">\n <enum>\n (2)\n </enum>\n <text>\n may impose\n\t\t\t\tsanctions pursuant to the International Emergency Economic Powers Act\n\t\t\t\t(50 U.S.C. 1701 et\n\t\t\t\tseq.) with respect to any other person described in subsection\n\t\t\t\t(c).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HF6FA8434A5534F5C9937B0C83D42D27D\">\n <enum>\n (b)\n </enum>\n <header>\n Exception\n </header>\n <text display-inline=\"yes-display-inline\">\n The authority to impose sanctions under\n\t\t\t\tsubsection (a)(2) shall not include the authority to impose sanctions relating\n\t\t\t\tto the importation of goods.\n </text>\n </subsection>\n <subsection id=\"HC7240DB427B64E63B0415CA137FC74F2\">\n <enum>\n (c)\n </enum>\n <header>\n Person\n\t\t\t\tdescribed\n </header>\n <text>\n A person described in this subsection is a person the\n\t\t\t\tPresident determines has—\n </text>\n <paragraph id=\"HEE30BF08672A4ADB94FB837CC8A146BF\">\n <enum>\n (1)\n </enum>\n <text>\n knowingly\n\t\t\t\tconducted or facilitated a significant transaction involving the currency of a\n\t\t\t\tcountry other than the country in which the person is operating at the time of\n\t\t\t\tthe transaction with, for, or on behalf of—\n </text>\n <subparagraph id=\"H4AA05438AD394000BBA40C4E53BE771C\">\n <enum>\n (A)\n </enum>\n <text>\n the Central Bank\n\t\t\t\tof Iran or another Iranian financial institution designated by the Secretary of\n\t\t\t\tthe Treasury for the imposition of sanctions pursuant to the International\n\t\t\t\tEmergency Economic Powers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701 et seq.\n </external-xref>\n ); or\n </text>\n </subparagraph>\n <subparagraph id=\"H5E9D2C7941604BDB86778A758E7B1B29\">\n <enum>\n (B)\n </enum>\n <text>\n a person described\n\t\t\t\tin section 1244(c)(2) of the Iran Freedom and Counter-Proliferation Act\n\t\t\t\t(22 U.S.C.\n\t\t\t\t8803(c)(2)) (other than a person described in subparagraph\n\t\t\t\t(C)(iii) of that section); or\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HDFAAD93F6C944D64BBC8CF175BDD0D28\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n knowingly conducted or facilitated a\n\t\t\t\tsignificant transaction by another person involving the currency of a country\n\t\t\t\tother than the country in which that other person is operating at the time of\n\t\t\t\tthe transaction, with, for, or on behalf of a person described in subparagraph\n\t\t\t\t(A) or (B) of paragraph (1).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H9FEA7E1E471048B0BA553E53611DCD93\">\n <enum>\n (d)\n </enum>\n <header>\n Waiver\n </header>\n <paragraph id=\"HCCBF8101B80843B18FC9483E570668B9\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n The President may waive the application of subsection (a)\n\t\t\t\twith respect to a person for a period of not more than 180 days, and may renew\n\t\t\t\tthat waiver for additional periods of not more than 180 days, if the\n\t\t\t\tPresident—\n </text>\n <subparagraph id=\"HFA805073C74549F493A19CCD3E0E595F\">\n <enum>\n (A)\n </enum>\n <text>\n determines that\n\t\t\t\tthe waiver is vital to the national security of the United States; and\n </text>\n </subparagraph>\n <subparagraph id=\"HFB4F0849A0A04A0DA567DC94A28CC1F0\">\n <enum>\n (B)\n </enum>\n <text>\n not less than 7\n\t\t\t\tdays before the waiver or the renewal of the waiver, as the case may be, takes\n\t\t\t\teffect, submits a report to the appropriate congressional committees on the\n\t\t\t\twaiver and the reason for the waiver.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph commented=\"no\" display-inline=\"no-display-inline\" id=\"HED4E103182434947831E828105CECF93\">\n <enum>\n (2)\n </enum>\n <header>\n Form of\n\t\t\t\treport\n </header>\n <text>\n Each report submitted under paragraph (1)(B) shall be\n\t\t\t\tsubmitted in unclassified form but may include a classified annex.\n </text>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" display-inline=\"no-display-inline\" id=\"H4DEF3B3CFC3E4385A2345646C1ED4504\">\n <enum>\n (e)\n </enum>\n <header>\n Rule of\n\t\t\t\tconstruction\n </header>\n <text>\n Nothing in this section shall be construed to\n\t\t\t\tprohibit any person from, or authorize or require the imposition of sanctions\n\t\t\t\twith respect to any person for, conducting or facilitating any transaction in\n\t\t\t\tthe currency of the country in which the person is operating at the time of the\n\t\t\t\ttransaction for the sale of agricultural commodities, food, medicine, or\n\t\t\t\tmedical devices.\n </text>\n </subsection>\n <subsection commented=\"no\" id=\"H0E58ED1B4BE94747B4E9AE116D187BD7\">\n <enum>\n (f)\n </enum>\n <header>\n Definitions\n </header>\n <text>\n In\n\t\t\t\tthis section:\n </text>\n <paragraph commented=\"no\" id=\"H4A5B93EA31214F8C9D7444C0E758B9A2\">\n <enum>\n (1)\n </enum>\n <header>\n Account;\n\t\t\t\tcorrespondent account; payable-through account\n </header>\n <text>\n The terms\n <term>\n account\n </term>\n ,\n <term>\n correspondent account\n </term>\n , and\n <term>\n payable-through account\n </term>\n have the meanings given those terms in\n\t\t\t\tsection\n\t\t\t\t5318A of title 31, United States Code.\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HFCB0DDB4A6364518863927D000628A67\">\n <enum>\n (2)\n </enum>\n <header>\n Agricultural\n\t\t\t\tcommodity\n </header>\n <text>\n The term\n <term>\n agricultural commodity\n </term>\n has the\n\t\t\t\tmeaning given that term in section 102 of the Agricultural Trade Act of 1978\n\t\t\t\t(7 U.S.C.\n\t\t\t\t5602).\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HABD760216749470FB5B977A47C31EE0B\">\n <enum>\n (3)\n </enum>\n <header>\n Foreign\n\t\t\t\tfinancial institution\n </header>\n <text>\n The term\n <term>\n foreign financial\n\t\t\t\tinstitution\n </term>\n has the meaning given that term in\n\t\t\t\tsection\n\t\t\t\t561.308 of title 31, Code of Federal Regulations (or any\n\t\t\t\tcorresponding similar regulation or ruling).\n </text>\n </paragraph>\n <paragraph id=\"HB78C4066EFE244EFA22BD585C1222E70\">\n <enum>\n (4)\n </enum>\n <header>\n Good\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <quote>\n good\n </quote>\n has the\n\t\t\t\tmeaning given that term in section 16 of the Export Administration Act of 1979\n\t\t\t\t(\n <external-xref legal-doc=\"usc-appendix\" parsable-cite=\"usc-appendix/50/2415\">\n 50 U.S.C. App. 2415\n </external-xref>\n ) (as\n\t\t\t\tcontinued in effect pursuant to the International Emergency Economic Powers Act\n\t\t\t\t(50 U.S.C. 1701 et\n\t\t\t\tseq.)).\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HBE81E0642A7D4999B627431395808C52\">\n <enum>\n (5)\n </enum>\n <header>\n Iranian\n\t\t\t\tfinancial institution\n </header>\n <text>\n The term\n <term>\n Iranian financial\n\t\t\t\tinstitution\n </term>\n has the meaning given that term in section 104A(d) of the\n\t\t\t\tComprehensive Iran Sanctions, Accountability, and Divestment Act of 2010\n\t\t\t\t(22 U.S.C.\n\t\t\t\t8513b(d)).\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HF22D3B336BE54623A99B54574591B3F6\">\n <enum>\n (6)\n </enum>\n <header>\n Medical\n\t\t\t\tdevice\n </header>\n <text>\n The term\n <term>\n medical device\n </term>\n has the meaning given\n\t\t\t\tthe term\n <term>\n device\n </term>\n in section 201 of the Federal Food, Drug, and\n\t\t\t\tCosmetic Act (21\n\t\t\t\tU.S.C. 321).\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HC150400B4ABB4EC4A630C5D526BE23DF\">\n <enum>\n (7)\n </enum>\n <header>\n Medicine\n </header>\n <text>\n The\n\t\t\t\tterm\n <term>\n medicine\n </term>\n has the meaning given the term\n <term>\n drug\n </term>\n in\n\t\t\t\tsection 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.\n\t\t\t\t321).\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HF697B1B836A04A969DC4AA11B5FB0B74\">\n <enum>\n (8)\n </enum>\n <header>\n Transaction\n </header>\n <text>\n The\n\t\t\t\tterm\n <term>\n transaction\n </term>\n includes a foreign exchange swap, a foreign\n\t\t\t\texchange forward, and any other type of similar currency exchange or conversion\n\t\t\t\tor similar derivative\n\t\t\t\tinstrument.\n </text>\n </paragraph>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HA7C00D550707469DA2415D004FE57BBC\">\n <enum>\n (b)\n </enum>\n <header>\n Conforming\n\t\t\t amendments\n </header>\n <paragraph commented=\"no\" id=\"H581D9A5687E04C108306377A96EA5D9E\">\n <enum>\n (1)\n </enum>\n <header>\n Implementation\n </header>\n <text>\n Section\n\t\t\t 601(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012\n\t\t\t (22 U.S.C.\n\t\t\t 8781(a)(1)) is amended by inserting\n <quote>\n 220A,\n </quote>\n after\n <quote>\n 220,\n </quote>\n .\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"H7B16AF35E43A4C7B828407B254C266ED\">\n <enum>\n (2)\n </enum>\n <header>\n Penalties\n </header>\n <text>\n Section\n\t\t\t 601(b)(2)(A) of such Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8781\">\n 22 U.S.C. 8781(b)(2)(A)\n </external-xref>\n ) is amended\n\t\t\t by striking\n <quote>\n and 220,\n </quote>\n and inserting\n <quote>\n 220, and\n\t\t\t 220A,\n </quote>\n .\n </text>\n </paragraph>\n <paragraph id=\"H50B4B3CC973B4F089DE4B3CA9493CC65\">\n <enum>\n (3)\n </enum>\n <header>\n Termination\n </header>\n <text>\n Section\n\t\t\t 605(a) of such Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8785\">\n 22 U.S.C. 8785(a)\n </external-xref>\n ) is amended by\n\t\t\t inserting\n <quote>\n 220A,\n </quote>\n after\n <quote>\n 220,\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H37364E8C3563464195F98B2E04CFECE0\">\n <enum>\n (c)\n </enum>\n <header>\n Clerical\n\t\t\t amendment\n </header>\n <text>\n The table of contents for the Iran Threat Reduction and\n\t\t\t Syria Human Rights Act of 2012 is amended by inserting after the item relating\n\t\t\t to section 220 the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H4F0337519AC34BE193C6DB4C1E937BD2\" style=\"OLC\">\n <toc>\n <toc-entry bold=\"off\" level=\"section\">\n Sec. 220A. Imposition of\n\t\t\t\tsanctions with respect to certain transactions in foreign\n\t\t\t\tcurrencies.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H03A5E6872ECA4A6A8BBD10192C7E3DCC\">\n <enum>\n (d)\n </enum>\n <header>\n Effective\n\t\t\t date\n </header>\n <text>\n The amendments made by this section take effect on the date\n\t\t\t of the enactment of this Act and apply with respect to transactions entered\n\t\t\t into on or after May 22, 2013.\n </text>\n </subsection>\n </section>\n <section id=\"H7DBA63EC0E78471A9824F163FBE7870C\">\n <enum>\n 215.\n </enum>\n <header>\n Sanctions with\n\t\t\t respect to certain transactions with Iran\n </header>\n <subsection id=\"H9E1EC06BB37941D281A5E65AA89E00C4\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n Subtitle B of title\n\t\t\t II of the Iran Threat Reduction and Syria Human Rights Act of 2012\n\t\t\t (22 U.S.C. 8721 et\n\t\t\t seq.) is amended by adding at the end the following new\n\t\t\t section:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H5ED773A1EB0744F384548D0B53F398A6\" style=\"OLC\">\n <section id=\"H3D553EC6AB81470A8FD274BA0D440CEB\">\n <enum>\n 225.\n </enum>\n <header>\n Sanctions with\n\t\t\t\trespect to certain transactions with Iran\n </header>\n <subsection id=\"H29AE4FC752FB4012AB11484417A723EB\">\n <enum>\n (a)\n </enum>\n <header>\n Authorization of\n\t\t\t\tsanctions\n </header>\n <paragraph id=\"HE48E0F48C4D441D3908B25F85D5BC403\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text display-inline=\"yes-display-inline\">\n Except as provided in\n\t\t\t\tthis section, the President may impose sanctions pursuant to the International\n\t\t\t\tEmergency Economic Powers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701 et seq.\n </external-xref>\n ) on a\n\t\t\t\tforeign person that the President determines has, on or after the date that is\n\t\t\t\t60 days after the date of the enactment of the Nuclear Iran Prevention Act of\n\t\t\t\t2013, knowingly conducted or facilitated a significant financial transaction\n\t\t\t\twith the Central Bank of Iran or other Iranian financial institution that has\n\t\t\t\tbeen designated by the Secretary of the Treasury for the imposition of\n\t\t\t\tsanctions pursuant to the International Emergency Economic Powers Act,\n\t\t\t\tfor—\n </text>\n <subparagraph id=\"HA83C7BE3DFE14D46911D35377F3D685C\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the purchase of goods or services by a\n\t\t\t\tperson in Iran or on behalf of a person in Iran; or\n </text>\n </subparagraph>\n <subparagraph id=\"H5B376FCF637B4F5EA50A410FC2179B0C\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the purchase of goods or services from a\n\t\t\t\tperson in Iran or on behalf of a person in Iran.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HF0C4AA14188A40D399CF0A435DC2B89C\">\n <enum>\n (2)\n </enum>\n <header>\n Exception\n </header>\n <subparagraph id=\"HB718D49E759349EBBFA4C96551FB7481\">\n <enum>\n (A)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n The authority to impose sanctions under paragraph (1)\n\t\t\t\tshall not include the authority to impose sanctions relating to the importation\n\t\t\t\tof goods.\n </text>\n </subparagraph>\n <subparagraph id=\"H636124A72C214D42ABF25BA86BEC4676\">\n <enum>\n (B)\n </enum>\n <header>\n Good\n </header>\n <text>\n In\n\t\t\t\tthis paragraph, the term\n <quote>\n good\n </quote>\n has the meaning given that term in\n\t\t\t\tsection 16 of the Export Administration Act of 1979 (50 U.S.C. App.\n\t\t\t\t2415) (as continued in effect pursuant to the International\n\t\t\t\tEmergency Economic Powers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701 et seq.\n </external-xref>\n )).\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HE88DA8E98755452B839F12290E496918\">\n <enum>\n (3)\n </enum>\n <header>\n Rule of\n\t\t\t\tconstruction\n </header>\n <text display-inline=\"yes-display-inline\">\n Nothing in this\n\t\t\t\tsection shall be construed to affect the imposition of sanctions with respect\n\t\t\t\tto a financial transaction for the purchase of petroleum or petroleum products\n\t\t\t\tfrom Iran under section 1245 of the National Defense Authorization Act for\n\t\t\t\tFiscal Year 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/81\">\n Public Law 112–81\n </external-xref>\n ; 125 Stat.\n\t\t\t\t1648).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HD79F8E73146644C6B5D463E23AF0D07D\">\n <enum>\n (b)\n </enum>\n <header>\n Exception for\n\t\t\t\toverall reductions of exports to and imports from Iran\n </header>\n <paragraph id=\"HCEB663EA847947AFB3ECFA230341FD0E\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text display-inline=\"yes-display-inline\">\n The President is\n\t\t\t\tauthorized not to impose sanctions under subsection (a) on a foreign person if\n\t\t\t\tthe President determines and submits to the appropriate congressional\n\t\t\t\tcommittees a report that contains a determination of the President that the\n\t\t\t\tcountry with primary jurisdiction over the foreign person has, during the time\n\t\t\t\tperiod described in paragraph (2), significantly reduced the value and volume\n\t\t\t\tof imports and exports of goods (other than petroleum or petroleum products)\n\t\t\t\tand services between such country and Iran.\n </text>\n </paragraph>\n <paragraph id=\"HBEA34B1B93EC41FD809C6FD4F6324580\">\n <enum>\n (2)\n </enum>\n <header>\n Time period\n\t\t\t\tdescribed\n </header>\n <text display-inline=\"yes-display-inline\">\n The time period\n\t\t\t\treferred to in paragraph (1) is the 60-day period ending on the date on which\n\t\t\t\tthe President makes the determination under paragraph (1) as compared to the\n\t\t\t\timmediately preceding 60-day period.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HB8305D9F95D34DFA910FC814717E9E64\">\n <enum>\n (c)\n </enum>\n <header>\n Exception for\n\t\t\t\tsales of agricultural commodities, food, medicine and medical\n\t\t\t\tdevices\n </header>\n <text>\n The President may not impose sanctions under subsection\n\t\t\t\t(a) on a foreign person with respect to a transaction for the sale of\n\t\t\t\tagricultural commodities, food, medicine or medical devices to Iran.\n </text>\n </subsection>\n <subsection commented=\"no\" id=\"H470A4FC2DAEC40539ED3AE072E5C3CE6\">\n <enum>\n (d)\n </enum>\n <header>\n Definitions\n </header>\n <text display-inline=\"yes-display-inline\">\n In this section:\n </text>\n <paragraph commented=\"no\" id=\"H33D3C9B3CDDE443197CA13D6F850C961\">\n <enum>\n (1)\n </enum>\n <header>\n Foreign\n\t\t\t\tperson\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n foreign\n\t\t\t\tperson\n </term>\n has the meaning given that term in section 14 of the Iran\n\t\t\t\tSanctions Act of 1996 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/172\">\n Public Law 104–172\n </external-xref>\n ;\n\t\t\t\t50 U.S.C.\n\t\t\t\t1701 note).\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HB4E5533888494C599159F8856B3C0479\">\n <enum>\n (2)\n </enum>\n <header>\n Iranian\n\t\t\t\tfinancial institution\n </header>\n <text>\n The term\n <term>\n Iranian financial\n\t\t\t\tinstitution\n </term>\n has the meaning given that term in section 104A(d) of the\n\t\t\t\tComprehensive Iran Sanctions, Accountability, and Divestment Act of 2010\n\t\t\t\t(22 U.S.C.\n\t\t\t\t8513b(d)).\n </text>\n </paragraph>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H6554586317374BF5B6350B9C5CD639D0\">\n <enum>\n (b)\n </enum>\n <header>\n Clerical\n\t\t\t amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The table of\n\t\t\t contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is\n\t\t\t amended by inserting after the item relating to section 224 the\n\t\t\t following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H64AC5015645341CFB70FF3D5CE72F45C\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 225. Sanctions with respect to\n\t\t\t\tcertain transactions with\n\t\t\t\tIran.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n </section>\n </subtitle>\n <subtitle id=\"H474864DBD09643E18DAB77083B992D78\">\n <enum>\n C\n </enum>\n <header>\n Other\n\t\t\t matters\n </header>\n <section id=\"HC0C36C186FF94B37BFE2EAA1AC99DC6F\">\n <enum>\n 221.\n </enum>\n <header>\n Imposition of\n\t\t\t sanctions with respect to the Central Bank of Iran and other Iranian financial\n\t\t\t institutions\n </header>\n <subsection commented=\"no\" id=\"H2C572A32791E46B2A070D6A03436B2CB\">\n <enum>\n (a)\n </enum>\n <header>\n Exception to\n\t\t\t applicability of sanctions with respect to petroleum\n\t\t\t transactions\n </header>\n <text>\n Section 1245(d)(4)(D)(i)(I) of the National Defense\n\t\t\t Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/81\">\n Public Law 112–81\n </external-xref>\n ; 125 Stat. 1648;\n\t\t\t 22 U.S.C.\n\t\t\t 8513a(d)(4)(D)(i)(I)) is amended—\n </text>\n <paragraph id=\"H00629F50A0CB4493B06A3DAF5AC59D7F\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n reduced reduced\n </quote>\n and inserting\n <quote>\n reduced\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HE66C577E8311445BB219E4BE21E7D2D2\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting\n <quote>\n value and\n </quote>\n before\n <quote>\n volume\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H050852FD0251403EB6669E6E7D9D3E58\">\n <enum>\n (3)\n </enum>\n <text>\n by inserting\n <quote>\n or of Iranian origin\n </quote>\n after\n <quote>\n from Iran\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H06BAFCA641B648A0957728A8D24B1861\">\n <enum>\n (4)\n </enum>\n <text>\n by adding at the\n\t\t\t end before the semicolon the following:\n <quote>\n , and the President certifies in\n\t\t\t writing to Congress that the President has based such determination on accurate\n\t\t\t information on that country’s total purchases of crude oil from Iran or of\n\t\t\t Iranian origin\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H2D78D68EFF024AB7B0C155807422E144\">\n <enum>\n (b)\n </enum>\n <header>\n Financial\n\t\t\t transactions described\n </header>\n <text>\n Section 1245(d)(4)(D)(ii)(II) of the\n\t\t\t National Defense Authorization Act for Fiscal Year 2012 (Public Law\n\t\t\t 112–81; 125 Stat. 1648) is amended—\n </text>\n <paragraph id=\"HC91C745FC6034833991B9CB3BD993AF4\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n (II)\n </quote>\n and inserting\n <quote>\n (II)(aa)\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HAF1D9C44D4FE4771BB68B4848D3BF3D9\">\n <enum>\n (2)\n </enum>\n <text>\n in item (aa) (as\n\t\t\t designated by paragraph (1) of this subsection), by striking the period at the\n\t\t\t end and inserting\n <quote>\n ; and\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HEBAC5F1C50CD49AEBD4860952CDA37EA\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the\n\t\t\t end the following new item:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H4B8885DC955B4D6D8B223FBFC57996F7\" style=\"OLC\">\n <item id=\"H809D66AB18E647D69D93B0030C8B258E\" indent=\"up1\">\n <enum>\n (bb)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the foreign financial institution holding\n\t\t\t\tthe account described in item (aa) does not knowingly facilitate any\n\t\t\t\tsignificant financial transfers for, with, or on behalf of the Government of\n\t\t\t\tIran, unless the transaction is excepted from sanctions under paragraph (2) or\n\t\t\t\tis a transaction described in subclause (I) and item\n\t\t\t\t(aa).\n </text>\n </item>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" id=\"H3B3B3D42762C455E8AF8D2B2E22CD6BC\">\n <enum>\n (c)\n </enum>\n <header>\n Strategy to\n\t\t\t reduce crude oil purchases from Iran or of Iranian origin\n </header>\n <paragraph id=\"HF3C4750ED5C54AC7BE13FB9F90269E62\">\n <enum>\n (1)\n </enum>\n <header>\n Statement of\n\t\t\t policy\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the policy of\n\t\t\t the United States to seek to ensure that countries that have received an\n\t\t\t exception under subparagraph (D)(i)(I) of section 1245(d)(4) of the National\n\t\t\t Defense Authorization Act for Fiscal Year 2012 (Public Law\n\t\t\t 112–81; 125 Stat. 1648) shall reduce their crude oil purchases\n\t\t\t from Iran or of Iranian origin so that the aggregate amount of such purchases\n\t\t\t is reduced by not less than an average of 1,000,000 barrels of crude oil per\n\t\t\t day by the end of the 1-year period beginning on the date of submission of the\n\t\t\t strategy described in subparagraph (E)(ii) of such section (as added by\n\t\t\t paragraph (2) of this subsection).\n </text>\n </paragraph>\n <paragraph id=\"H92468E9D1FF34888A8C8B7AB9B30FE18\">\n <enum>\n (2)\n </enum>\n <header>\n Amendment\n </header>\n <text>\n Section\n\t\t\t 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012\n\t\t\t (Public Law\n\t\t\t 112–81; 125 Stat. 1648) is amended by adding at the end the\n\t\t\t following new subparagraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H859BE2086EFE43EBB8759910711A7507\" style=\"OLC\">\n <subparagraph id=\"H2CA7BE657FF24A6D856915949CB1D7EE\">\n <enum>\n (E)\n </enum>\n <header>\n Strategy to\n\t\t\t\treduce crude oil purchases from Iran or of Iranian origin\n </header>\n <clause id=\"H1EA55B261FA142029B826835E4857C17\">\n <enum>\n (i)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 30\n\t\t\t\tdays after the date of the enactment of the Nuclear Iran Prevention Act of\n\t\t\t\t2013, the President shall make a determination, based on the information\n\t\t\t\tcontained in the most recent report required under subparagraph (A), of whether\n\t\t\t\teach country that received an exception under subparagraph (D)(i)(I) before\n\t\t\t\tsuch date of enactment is able to reduce its crude oil purchases from Iran or\n\t\t\t\tof Iranian origin so that the aggregate amount of such purchases is reduced by\n\t\t\t\tnot less than an average of 1,000,000 barrels of crude oil per day by the end\n\t\t\t\tof the 1-year period beginning on the date of submission of the strategy\n\t\t\t\tdescribed in clause (ii). If the President makes an initial determination under\n\t\t\t\tthis clause that the requirements of this clause cannot be met, then the\n\t\t\t\tPresident shall continue to make a determination under this clause every 90\n\t\t\t\tdays thereafter as to whether or not the requirements of this clause can be\n\t\t\t\tmet.\n </text>\n </clause>\n <clause id=\"HAAF081EEEE4C45C2A4B18F0F387D10A3\">\n <enum>\n (ii)\n </enum>\n <header>\n Strategy\n </header>\n <text display-inline=\"yes-display-inline\">\n If the President determines that the\n\t\t\t\trequirements of clause (i) can be met, then not later than 60 days after the\n\t\t\t\tdate of such affirmative determination, the President shall develop and submit\n\t\t\t\tto the appropriate congressional committees a strategy to seek to ensure that\n\t\t\t\tthe requirements of clause (i) are met by the end of the 1-year period\n\t\t\t\tbeginning on such date of submission.\n </text>\n </clause>\n <clause id=\"H1F6F3E19A25F4075BC82903D60A71415\">\n <enum>\n (iii)\n </enum>\n <header>\n Future\n\t\t\t\texceptions\n </header>\n <subclause id=\"H75C07FE42B45467DB850CBF2DD09928C\">\n <enum>\n (I)\n </enum>\n <header>\n Affirmative\n\t\t\t\tdetermination\n </header>\n <text display-inline=\"yes-display-inline\">\n If the\n\t\t\t\tPresident determines that the strategy described in clause (ii) was achieved,\n\t\t\t\tthen each country described in clause (i) shall be eligible to receive one or\n\t\t\t\tmore further exceptions under subparagraph (D)(i)(I) in accordance with the\n\t\t\t\tprovisions of such subparagraph.\n </text>\n </subclause>\n <subclause id=\"HAEE5682F921B455E83F81CF3B76286C0\">\n <enum>\n (II)\n </enum>\n <header>\n Negative\n\t\t\t\tdetermination\n </header>\n <text display-inline=\"yes-display-inline\">\n Except as\n\t\t\t\tprovided in subclause (III), if the President determines that the strategy\n\t\t\t\tdescribed in clause (ii) was not achieved, then each country described in\n\t\t\t\tclause (i) shall be ineligible to receive any further exception under\n\t\t\t\tsubparagraph (D)(i)(I) in accordance with the provisions of such\n\t\t\t\tsubparagraph.\n </text>\n </subclause>\n <subclause id=\"H6118D16E8CE34E949663708E8A12B2E4\">\n <enum>\n (III)\n </enum>\n <header>\n Exception\n </header>\n <item id=\"H371CADD82AE9459497FD0D57EEC73DCC\">\n <enum>\n (aa)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n Subclause (II) shall not apply with respect to a country\n\t\t\t\tdescribed in clause (i) if the country—\n </text>\n <subitem id=\"H70C65C472DD0413E92764C27ADF191CA\">\n <enum>\n (AA)\n </enum>\n <text>\n dramatically\n\t\t\t\treduced its crude oil purchases from Iran or of Iranian origin during the\n\t\t\t\t1-year period described in clause (ii); and\n </text>\n </subitem>\n <subitem id=\"H485F7C73AA4B40B5BD02F8FE98D2B21D\">\n <enum>\n (BB)\n </enum>\n <text display-inline=\"yes-display-inline\">\n has committed itself to continue to reduce\n\t\t\t\tits crude oil purchases from Iran or of Iranian origin to a de minimis\n\t\t\t\tlevel.\n </text>\n </subitem>\n </item>\n <item id=\"H95EC3FB8C9BA4D19B6CCEA5EF1AE9690\">\n <enum>\n (bb)\n </enum>\n <header>\n Data\n </header>\n <text>\n The\n\t\t\t\tPresident shall submit to the appropriate congressional committees all data\n\t\t\t\tused to make a determination under item (aa) not later than 15 days before\n\t\t\t\tissuing an exception under item (aa).\n </text>\n </item>\n </subclause>\n </clause>\n <clause id=\"HF31924A45AAA433290132BD318ED2E04\">\n <enum>\n (iv)\n </enum>\n <header>\n Appropriate\n\t\t\t\tcongressional committees\n </header>\n <text>\n In this subparagraph, the term\n <term>\n appropriate congressional committees\n </term>\n means—\n </text>\n <subclause id=\"H4629E3546F0A4297AF7C0C05B14A1585\">\n <enum>\n (I)\n </enum>\n <text>\n the Committee on\n\t\t\t\tForeign Affairs and the Committee on Financial Services of the House of\n\t\t\t\tRepresentatives; and\n </text>\n </subclause>\n <subclause id=\"H79BE2C020E284C28A7806EB7E7C97D6F\">\n <enum>\n (II)\n </enum>\n <text>\n the Committee on\n\t\t\t\tForeign Relations and the Committee on Banking, Housing, and Urban Affairs of\n\t\t\t\tthe\n\t\t\t\tSenate.\n </text>\n </subclause>\n </clause>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H36AE983C647F40E1B605AB70F853B06D\">\n <enum>\n (d)\n </enum>\n <header>\n Definition of\n\t\t\t crude oil\n </header>\n <text>\n Section 1245(d)(4)(D) of the National Defense\n\t\t\t Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513a\">\n 22 U.S.C. 8513a(d)(4)(D)\n </external-xref>\n ) is\n\t\t\t amended by adding at the end the following new clause:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H21EF3865FC2F438FAD54B4BCC0D98E1A\" style=\"OLC\">\n <clause id=\"H93E57BCE7DED48158E3B2DD64A261AF4\">\n <enum>\n (iii)\n </enum>\n <header>\n Crude\n\t\t\t\toil\n </header>\n <text display-inline=\"yes-display-inline\">\n In this subparagraph, the\n\t\t\t\tterm\n <quote>\n crude oil\n </quote>\n includes unfinished oils, liquefied petroleum\n\t\t\t\tgases, distillate fuel oil, and residual fuel\n\t\t\t\toil.\n </text>\n </clause>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HF0B99B3587804318916DA7EB1DC80955\">\n <enum>\n (e)\n </enum>\n <header>\n Waiver\n </header>\n <text>\n Section\n\t\t\t 1245(d)(5)(A) of the National Defense Authorization Act for Fiscal Year 2012\n\t\t\t (22 U.S.C.\n\t\t\t 8513a(d)(5)(A)) is amended by striking\n <quote>\n in the\n\t\t\t national\n </quote>\n and inserting\n <quote>\n vital to the national\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H5D7E927E0965450DA626D0EA1262127F\">\n <enum>\n (f)\n </enum>\n <header>\n Definitions of\n <quote>\n significant reduction\n </quote>\n </header>\n <text>\n Section 1245(h)(3) of the\n\t\t\t National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C.\n\t\t\t 8513a(h)(3)) is amended—\n </text>\n <paragraph id=\"H1F5DAE62B291438385C9D5B0C75E1DE1\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n price or volume\n </quote>\n and inserting\n <quote>\n price and volume\n </quote>\n ;\n\t\t\t and\n </text>\n </paragraph>\n <paragraph id=\"H0DA8BF01A2B4455E9F26852BFFD4272F\">\n <enum>\n (2)\n </enum>\n <text>\n by adding at the\n\t\t\t end before the period the following:\n <quote>\n and at least a pro rata amount\n\t\t\t totaling, in the aggregate, not less than an average of 1,000,000 barrels of\n\t\t\t crude oil per day by the end of the 1-year period beginning on the date of\n\t\t\t submission of the strategy described in subsection\n\t\t\t (d)(4)(E)(ii)\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H84B8D780005F43AFAAEB195277304940\">\n <enum>\n (g)\n </enum>\n <header>\n Effective\n\t\t\t date\n </header>\n <text display-inline=\"yes-display-inline\">\n The amendments made by\n\t\t\t this section take effect beginning on the date that is 180 days after the date\n\t\t\t of the enactment of this Act.\n </text>\n </subsection>\n </section>\n <section id=\"HADA54B6800EE4F2EAAF18F166277F76D\">\n <enum>\n 222.\n </enum>\n <header>\n Imposition of\n\t\t\t sanctions with respect to ports, special economic zones, free economic zones,\n\t\t\t and strategic sectors of Iran\n </header>\n <subsection id=\"H4EFFDFE65BC645ABABAAEA405108B32E\">\n <enum>\n (a)\n </enum>\n <header>\n Findings\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection (a)(1) of section 1244 of the\n\t\t\t National Defense Authorization Act for Fiscal Year 2013 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8803\">\n 22 U.S.C. 8803\n </external-xref>\n ) is\n\t\t\t amended by striking\n <quote>\n and shipbuilding\n </quote>\n and inserting\n <quote>\n shipbuilding, automotive, construction, engineering, or mining\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H3D1DA418D44B475EBD498F650F9B0360\">\n <enum>\n (b)\n </enum>\n <header>\n Designation of\n\t\t\t ports, special economic zones, free economic zones, and entities in strategic\n\t\t\t sectors as entities of proliferation concern\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection (b) of such section is\n\t\t\t amended—\n </text>\n <paragraph id=\"HF233F63571C046619AE74C2DA7640665\">\n <enum>\n (1)\n </enum>\n <text>\n in the subsection\n\t\t\t heading, by striking\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n and\n\t\t\t entities in the energy, shipping, and shipbuilding\n\t\t\t sectors\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n , special economic zones, free economic zones,\n\t\t\t and entities in strategic sectors\n </header-in-text>\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H5ABF3634F12344378A76E96A8B533FCA\">\n <enum>\n (2)\n </enum>\n <text>\n by striking\n <quote>\n and entities in the energy, shipping, and shipbuilding sectors\n </quote>\n and inserting\n <quote>\n , entities that operate special economic zones or free\n\t\t\t economic zones, and entities in strategic sectors (as defined in subsection\n\t\t\t (c)(4))\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HA9BA8DAB0B0443638D8EAFEA13C64F7C\">\n <enum>\n (c)\n </enum>\n <header>\n Blocking of\n\t\t\t property of ports, special economic zones, free economic zones, and entities in\n\t\t\t strategic sectors\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection\n\t\t\t (c) of such section is amended—\n </text>\n <paragraph id=\"HF891CDA63618409393387771245A9CA2\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in the subsection heading, by striking\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n entities in energy,\n\t\t\t shipping, and shipbuilding sectors\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n ports, special economic\n\t\t\t zones, free economic zones, and entities in strategic\n\t\t\t sectors\n </header-in-text>\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H7DBE955CFFD54737A624C484A7F2AA8F\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph\n\t\t\t (2)—\n </text>\n <subparagraph id=\"H584B67AA1D664D54977D87077FE6D125\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n the energy, shipping, or shipbuilding sectors\n </quote>\n each place it\n\t\t\t appears and inserting\n <quote>\n a strategic sector (as defined in paragraph\n\t\t\t (4)(A))\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H824ACDF5B32C48BE8373A9C19B386C7E\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by inserting\n <quote>\n , special economic\n\t\t\t zone, or free economic zone\n </quote>\n after\n <quote>\n port\n </quote>\n each place it\n\t\t\t appears; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H3113BF9BAAAC48F2AAA82D0626CE132E\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the\n\t\t\t end the following new paragraphs:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H4E0831FA2D1B4140B9E76A77D348CEDD\" style=\"OLC\">\n <paragraph id=\"HBA5408358EC84529A1B9DAEA1E3411B4\">\n <enum>\n (4)\n </enum>\n <header>\n Strategic sector\n\t\t\t\tdefined\n </header>\n <text>\n In this section, the term\n <quote>\n strategic sector\n </quote>\n means—\n </text>\n <subparagraph id=\"H994D2283B32542F2B18BE627A42803F4\">\n <enum>\n (A)\n </enum>\n <text>\n the energy,\n\t\t\t\tshipping, shipbuilding, automotive, or mining sector of Iran; and\n </text>\n </subparagraph>\n <subparagraph id=\"H823142C72C494741BF1DD337AD90B6C2\">\n <enum>\n (B)\n </enum>\n <text>\n the construction\n\t\t\t\tor engineering sector of Iran if the President determines and reports to\n\t\t\t\tCongress not later than 45 days after the date of the enactment of the Nuclear\n\t\t\t\tIran Prevention Act of 2013 that the construction or engineering sector of\n\t\t\t\tIran, as the case may be, is of strategic importance to Iran.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H8B8E411726B244FABF06FBB7E2A98132\">\n <enum>\n (5)\n </enum>\n <header>\n Notification and\n\t\t\t\treport relating to strategic sectors\n </header>\n <subparagraph id=\"HAC589ED612514462999EE76894980171\">\n <enum>\n (A)\n </enum>\n <header>\n Notification\n </header>\n <text display-inline=\"yes-display-inline\">\n The President shall submit to Congress a\n\t\t\t\tnotification of the designation of a sector as a strategic sector of Iran for\n\t\t\t\tpurposes of paragraph (4)(C) not later than 30 days after the date on which the\n\t\t\t\tPresident makes such designation.\n </text>\n </subparagraph>\n <subparagraph id=\"H1D03026F04D245138A6CBCAA39785101\">\n <enum>\n (B)\n </enum>\n <header>\n Report\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 90 days after the date on\n\t\t\t\twhich the President submits to Congress a notification of the designation of a\n\t\t\t\tsector as a strategic sector of Iran under subparagraph (A), the Comptroller\n\t\t\t\tGeneral of the United States shall submit to Congress a report that\n\t\t\t\tcontains—\n </text>\n <clause id=\"H261B33B47649404385A355D0FB621134\">\n <enum>\n (i)\n </enum>\n <text>\n a\n\t\t\t\treview and comment on such designation; and\n </text>\n </clause>\n <clause id=\"H8C7220DFAECD4CF2AB8CF5DBCB6FF925\">\n <enum>\n (ii)\n </enum>\n <text>\n recommendations\n\t\t\t\tregarding the designation of additional sectors as strategic sectors of Iran\n\t\t\t\tfor purposes of paragraph\n\t\t\t\t(4).\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H1E392F8208FE4589BC0B14FFEB399841\">\n <enum>\n (d)\n </enum>\n <header>\n Additional\n\t\t\t sanctions with respect to strategic sectors\n </header>\n <text>\n Subsection (d) of\n\t\t\t such section is amended—\n </text>\n <paragraph id=\"H401D11734A1D448CA01D6A0BAB6E4553\">\n <enum>\n (1)\n </enum>\n <text>\n in the subsection\n\t\t\t heading, by striking\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n the\n\t\t\t energy, shipping, and shipbuilding sectors\n </header-in-text>\n </quote>\n and\n\t\t\t inserting\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n strategic\n\t\t\t sectors\n </header-in-text>\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HC00BBDE8253C4CF4949000F8821F4E1F\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (3),\n\t\t\t by striking\n <quote>\n the energy, shipping, or shipbuilding sectors\n </quote>\n and\n\t\t\t inserting\n <quote>\n a strategic sector (as defined in subsection\n\t\t\t (c)(4)(A))\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HEEB25DD1487B4C1A8E55AAE240624BC2\">\n <enum>\n (e)\n </enum>\n <header>\n Exception for\n\t\t\t Afghanistan reconstruction\n </header>\n <text>\n Subsection (f) of such section is\n\t\t\t amended—\n </text>\n <paragraph id=\"H481085FCD9734DD5AE81B85C44A3296A\">\n <enum>\n (1)\n </enum>\n <text>\n in the matter\n\t\t\t preceding paragraph (1), by inserting\n <quote>\n for a period of not more than 1\n\t\t\t year, and may renew that exception for additional periods of not more than 1\n\t\t\t year\n </quote>\n after\n <quote>\n economic development for Afghanistan\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H79622E7EF07743CDB77DAF00EDE9D26C\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph\n\t\t\t (1)—\n </text>\n <subparagraph id=\"H993207AAA09A416CA33D60E5EE0887BA\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n to the extent that\n </quote>\n and inserting\n <quote>\n if\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"HFD108FE1FBE94D6B8396DDF5EC980C83\">\n <enum>\n (B)\n </enum>\n <text>\n by inserting\n <quote>\n or the renewal of the exception, as the case may be,\n </quote>\n after\n <quote>\n such an exception\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HA0C5AF4FD51F4197A46E08895D17345B\">\n <enum>\n (C)\n </enum>\n <text>\n by striking\n <quote>\n in the national interest\n </quote>\n and inserting\n <quote>\n in the national\n\t\t\t security interest\n </quote>\n ; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H7843BB22A56E48B08CB0BBF9E5CC46EC\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in paragraph (2)—\n </text>\n <subparagraph id=\"H4BC91532DDFC40B4A00453D9EAD35134\">\n <enum>\n (A)\n </enum>\n <text>\n by inserting\n <quote>\n or the renewal of the exception, as the case may be,\n </quote>\n before\n <quote>\n not later than 15 days\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H6310886A17CB4864899A17E04374F635\">\n <enum>\n (B)\n </enum>\n <text>\n by inserting at\n\t\t\t the end before the period the following:\n <quote>\n or the renewal of the\n\t\t\t exception\n </quote>\n .\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H2A58D837CB204DE083DF9EDE37BDBA87\">\n <enum>\n (f)\n </enum>\n <header>\n Conforming\n\t\t\t amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n Such section is\n\t\t\t further amended in the section heading by striking\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n the energy, shipping, and shipbuilding\n\t\t\t sectors\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n ports, special economic zones, free economic zones,\n\t\t\t and strategic sectors\n </header-in-text>\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H4EE8265757CE4E3099622CF816BAB242\">\n <enum>\n (g)\n </enum>\n <header>\n Effective\n\t\t\t date\n </header>\n <text>\n The amendments made by this section—\n </text>\n <paragraph id=\"H94BBF3A5232E412E95E27E4FAD171488\">\n <enum>\n (1)\n </enum>\n <text>\n take effect on the\n\t\t\t date that is 90 days after the date of the enactment of this Act; and\n </text>\n </paragraph>\n <paragraph id=\"H35A0C0DE571944FE8DFB8159E80675B8\">\n <enum>\n (2)\n </enum>\n <subparagraph commented=\"no\" display-inline=\"yes-display-inline\" id=\"H036314F33B96498C92D450083101159A\">\n <enum>\n (A)\n </enum>\n <text>\n with respect to\n\t\t\t subsection (c) of section 1244 of the National Defense Authorization Act for\n\t\t\t Fiscal Year 2013, as so amended, apply with respect to all transactions in all\n\t\t\t property and interests in property of any person described in subsection (c)(2)\n\t\t\t of such section that occur on or after the date that is 180 days after such\n\t\t\t date of enactment; and\n </text>\n </subparagraph>\n <subparagraph id=\"H60CCC327D2E74E0AB3313BCD3C247025\" indent=\"up1\">\n <enum>\n (B)\n </enum>\n <clause commented=\"no\" display-inline=\"yes-display-inline\" id=\"H81174D35C2F74219986777CB780A1138\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n with respect to subsection (d)(1) of\n\t\t\t section 1244 of the National Defense Authorization Act for Fiscal Year 2013,\n\t\t\t apply with respect to the sale, supply, or transfer to or from Iran of goods or\n\t\t\t services described in subsection (d)(3) of such section, as so amended, that\n\t\t\t occurs on or after the date that is 180 days after such date of enactment;\n\t\t\t and\n </text>\n </clause>\n <clause id=\"HC5E34ECD2AB249DCAFC2F4A00D5C5471\" indent=\"up1\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n with respect to subsection (d)(2) of\n\t\t\t section 1244 of the National Defense Authorization Act for Fiscal Year 2013,\n\t\t\t apply with respect to the conduct or facilitation of a significant financial\n\t\t\t transaction for the sale, supply, or transfer to or from Iran of goods or\n\t\t\t services described in subsection (d)(3) of such section, as so amended, that\n\t\t\t occurs on or after the date that is 180 days after such date of\n\t\t\t enactment.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H18047893FDA74F7D8437302B46511870\">\n <enum>\n 223.\n </enum>\n <header>\n Report on\n\t\t\t determinations not to impose sanctions on persons who allegedly sell, supply,\n\t\t\t or transfer precious metals to or from Iran\n </header>\n <text display-inline=\"no-display-inline\">\n Section 1245 of the National Defense\n\t\t\t Authorization Act for Fiscal Year 2013 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8804\">\n 22 U.S.C. 8804\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H3894BFB978624CC2AF1248055D6B2107\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating\n\t\t\t subsection (h) as subsection (i); and\n </text>\n </paragraph>\n <paragraph id=\"H5AC67E5D53BB4A93BCED470CE527D31E\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after\n\t\t\t subsection (g) the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H54CFAD2E8DCF49F3A7A5014C1A04A748\" style=\"OLC\">\n <subsection id=\"H173C0DACEC6A4D8C97421F511F73E319\">\n <enum>\n (h)\n </enum>\n <header>\n Report on\n\t\t\t\tdeterminations not to impose sanctions on persons who allegedly sell, supply,\n\t\t\t\tor transfer precious metals to or from Iran\n </header>\n <paragraph id=\"H3FCB18BC669548DA8C64A4C68BB76E36\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n Not later than 90 days after the date of the enactment of\n\t\t\t\tNuclear Iran Prevention Act of 2013, and every 90 days thereafter, the\n\t\t\t\tPresident shall submit to the appropriate congressional committees a report on\n\t\t\t\teach determination of the President during the preceding 90-day period not to\n\t\t\t\timpose sanctions under subsection (a) or (c) with respect to a person who\n\t\t\t\tallegedly sells, supplies, or transfers precious metals, directly or\n\t\t\t\tindirectly, to or from Iran, together with the reasons for such\n\t\t\t\tdetermination.\n </text>\n </paragraph>\n <paragraph id=\"HEFBCCE177FF744BCBF53837A209F4132\">\n <enum>\n (2)\n </enum>\n <header>\n Form\n </header>\n <text>\n The\n\t\t\t\treport required by paragraph (1) shall be submitted in unclassified form, but\n\t\t\t\tmay contain a classified annex, if\n\t\t\t\tnecessary.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H99F2684FB35D4A40B24DFD42A3C3CF68\">\n <enum>\n 224.\n </enum>\n <header>\n Imposition of\n\t\t\t sanctions with respect to foreign financial institutions that facilitate\n\t\t\t financial transactions on behalf of persons owned or controlled by specially\n\t\t\t designated nationals\n </header>\n <text display-inline=\"no-display-inline\">\n Section\n\t\t\t 1247 of the National Defense Authorization Act for Fiscal Year 2013\n\t\t\t (22 U.S.C.\n\t\t\t 8806) is amended—\n </text>\n <paragraph id=\"HF1EA67827EB04730A389B9618A8923D7\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating\n\t\t\t subsection (f) as subsection (g); and\n </text>\n </paragraph>\n <paragraph id=\"HE7E65C7DCD2D48599DF4C029B19A7E71\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after\n\t\t\t subsection (e) the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H4AD1157F3A814043BFDD59104C54C54B\" style=\"OLC\">\n <subsection id=\"H8C0B258ABA9C43598BD0B0C1734D4865\">\n <enum>\n (f)\n </enum>\n <header>\n Persons owned or\n\t\t\t\tcontrolled by specially designated nationals\n </header>\n <paragraph id=\"H7DAB6F97743A42DB98CB51149B4568DB\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text display-inline=\"yes-display-inline\">\n The President shall\n\t\t\t\timpose sanctions described in subsection (a) with respect to a foreign\n\t\t\t\tfinancial institution, including but not limited to a foreign central bank,\n\t\t\t\tthat the President determines has, on or after the date that is 90 days after\n\t\t\t\tthe date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly\n\t\t\t\tfacilitated a significant financial transaction on behalf of any person\n\t\t\t\tdetermined by the President to be directly owned or controlled by an Iranian\n\t\t\t\tperson included on the list of specially designated nationals and blocked\n\t\t\t\tpersons maintained by the Office of Foreign Assets Control of the Department of\n\t\t\t\tthe Treasury (other than an Iranian financial institution described in\n\t\t\t\tsubsection (b)).\n </text>\n </paragraph>\n <paragraph id=\"H3D98E66448CA407D9849E6006F8ADA5A\">\n <enum>\n (2)\n </enum>\n <header>\n Sense of\n\t\t\t\tCongress\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the sense of\n\t\t\t\tCongress that the President routinely should determine on or after the date of\n\t\t\t\tthe enactment of the Nuclear Iran Prevention Act of 2013 those persons that are\n\t\t\t\tdirectly or indirectly owned or controlled by an Iranian person included on the\n\t\t\t\tlist of specially designated nationals and blocked persons maintained by the\n\t\t\t\tOffice of Foreign Assets Control of the Department of the Treasury (other than\n\t\t\t\tan Iranian financial institution described in subsection (b)).\n </text>\n </paragraph>\n <paragraph id=\"H884C79852F06485090FB8DBC49651115\">\n <enum>\n (3)\n </enum>\n <header>\n Consideration of\n\t\t\t\tdata from other countries and nongovernmental organizations\n </header>\n <text>\n The\n\t\t\t\tPresident shall consider credible data already obtained by other countries and\n\t\t\t\tnongovernmental organizations in making determinations described in paragraph\n\t\t\t\t(1).\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H5BE496F385BD44058443D51B108C8DE5\">\n <enum>\n 225.\n </enum>\n <header>\n Repeal of\n\t\t\t exemptions under sanctions provisions of National Defense Authorization Act for\n\t\t\t Fiscal Year 2013\n </header>\n <text display-inline=\"no-display-inline\">\n Subtitle D of\n\t\t\t title XII of the National Defense Authorization Act for Fiscal Year 2013\n\t\t\t (22 U.S.C. 8801 et\n\t\t\t seq.) is amended—\n </text>\n <paragraph id=\"H113733E7BDF84D4894A8CBE028A5AE28\">\n <enum>\n (1)\n </enum>\n <text>\n in section\n\t\t\t 1244—\n </text>\n <subparagraph id=\"H3D9E8AAC37C94DEB9E603B39030D25CE\">\n <enum>\n (A)\n </enum>\n <text>\n in subsection\n\t\t\t (c)(1)—\n </text>\n <clause id=\"H862E0DBE07DE4D9E9353953809E1B36F\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking\n <quote>\n (1)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Blocking of\n\t\t\t property\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n On and\n\t\t\t after\n </quote>\n and inserting\n <quote>\n (1)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Blocking of\n\t\t\t property\n </header-in-text>\n .—On and after\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"H8CE9C3AC7BAC49CA815B86A940FB4A8C\">\n <enum>\n (ii)\n </enum>\n <text>\n by\n\t\t\t striking subparagraph (B); and\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HDC2BEE92BC22463084251A67140F93E6\">\n <enum>\n (B)\n </enum>\n <text>\n in subsection\n\t\t\t (d)(1)—\n </text>\n <clause id=\"HE75E3146D2554F9C9DF59079FA453FD0\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking\n <quote>\n (1)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Sale, supply, or transfer of\n\t\t\t certain goods and services\n </header-in-text>\n .—\n </quote>\n and all that follows\n\t\t\t through\n <quote>\n Except as provided\n </quote>\n and inserting\n <quote>\n (1)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Sale, supply, or transfer of\n\t\t\t certain goods and services\n </header-in-text>\n .—Except as provided\n </quote>\n ;\n\t\t\t and\n </text>\n </clause>\n <clause id=\"H2AE56FDF08A544AA80A840754F574494\">\n <enum>\n (ii)\n </enum>\n <text>\n by\n\t\t\t striking subparagraph (B);\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H6275EE92890742FFA7C1F38D612AB925\">\n <enum>\n (2)\n </enum>\n <text>\n in section\n\t\t\t 1245(a)—\n </text>\n <subparagraph id=\"H8437815618114A95886753A347C0F748\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking\n <quote>\n (a)\n <header-in-text level=\"subsection\" style=\"OLC\">\n sale, supply, or transfer of\n\t\t\t certain materials\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n The President\n </quote>\n and inserting\n <quote>\n (a)\n <header-in-text level=\"subsection\" style=\"OLC\">\n sale, supply, or transfer of\n\t\t\t certain materials\n </header-in-text>\n .—The President\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H4AAF830A5CCA4D5BB680A334882BCE32\">\n <enum>\n (B)\n </enum>\n <text>\n by redesignating\n\t\t\t subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively\n\t\t\t (and by redesignating all sub-units therein accordingly);\n </text>\n </subparagraph>\n <subparagraph id=\"H8B1960BD604A48BB92A58E84D3E6A73D\">\n <enum>\n (C)\n </enum>\n <text>\n in paragraph\n\t\t\t (3)(B) (as redesignated by subparagraph (B) of this paragraph)—\n </text>\n <clause id=\"H468CF9C2968A41FA82AF146A49E3DBA8\">\n <enum>\n (i)\n </enum>\n <text>\n in\n\t\t\t clause (i), by striking\n <quote>\n subclause (I) of clause (i)\n </quote>\n and\n\t\t\t inserting\n <quote>\n clause (i) of subparagraph (A)\n </quote>\n ;\n </text>\n </clause>\n <clause id=\"HDB72F9C5C3A54FB69AD946BED2C6D00E\">\n <enum>\n (ii)\n </enum>\n <text>\n in\n\t\t\t clause (ii), by striking\n <quote>\n subclause (II) of that clause\n </quote>\n and\n\t\t\t inserting\n <quote>\n clause (ii) of that subparagraph\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"H3E2165924E834AE28F9EF774CCBDC44B\">\n <enum>\n (iii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in clause (iii), by striking\n <quote>\n subclause (III) of that clause\n </quote>\n and inserting\n <quote>\n clause (iii)\n\t\t\t of that subparagraph\n </quote>\n ; and\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H33BA0B51048744DF80486E3CB97C5045\">\n <enum>\n (D)\n </enum>\n <text>\n by striking\n <quote>\n (2)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n exception\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n paragraph (1).\n </quote>\n ; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H378A839C12254D489D28940CD907A892\">\n <enum>\n (3)\n </enum>\n <text>\n in section\n\t\t\t 1246(a)—\n </text>\n <subparagraph id=\"H60509386821F49D68535400805CD5647\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking\n <quote>\n (a)\n <header-in-text level=\"subsection\" style=\"OLC\">\n imposition of\n\t\t\t sanctions\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n Except\n\t\t\t as provided\n </quote>\n and inserting\n <quote>\n (a)\n <header-in-text level=\"subsection\" style=\"OLC\">\n imposition of\n\t\t\t sanctions\n </header-in-text>\n .—Except as provided\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H24F2F34709E84A8A99D14A9806E1E58C\">\n <enum>\n (B)\n </enum>\n <text>\n by redesignating\n\t\t\t subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively\n\t\t\t (and by redesignating all sub-units therein accordingly); and\n </text>\n </subparagraph>\n <subparagraph id=\"HDF4B1EE892B3477081ED1FD7BFE77170\">\n <enum>\n (C)\n </enum>\n <text>\n by striking\n <quote>\n (2)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n exception\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n paragraph (1).\n </quote>\n ; and\n </text>\n </subparagraph>\n </paragraph>\n </section>\n <section id=\"HEDCD66FF057A47AFAA498BF59D7A9A80\">\n <enum>\n 226.\n </enum>\n <header>\n Termination of\n\t\t\t government contracts with persons who sell goods, services, or technology to,\n\t\t\t or conduct any other transaction with, Iran\n </header>\n <subsection id=\"H4FF989E4CBBA40D999575F9B010C5718\">\n <enum>\n (a)\n </enum>\n <header>\n Modification of\n\t\t\t federal acquisition regulation\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 90 days after the date of\n\t\t\t the enactment of this Act, the Federal Acquisition Regulation shall be revised\n\t\t\t to require a certification from each person that is a prospective contractor\n\t\t\t that the person, and any person under common ownership or control with the\n\t\t\t person, does not sell goods, services, or technology to, or conduct any other\n\t\t\t transaction with, Iran for which sanctions may be imposed under this\n\t\t\t Act.\n </text>\n </subsection>\n <subsection id=\"H945F48DD7D3C417498B4409F36F70262\">\n <enum>\n (b)\n </enum>\n <header>\n Remedies\n </header>\n <paragraph id=\"HCC8614E2BD90461F97B2CB44E9D4DCFD\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n If the head of an executive agency determines that a\n\t\t\t person has submitted a false certification under subsection (a) on or after the\n\t\t\t date on which the applicable revision of the Federal Acquisition Regulation\n\t\t\t required by this section becomes effective, the head of that executive agency\n\t\t\t shall terminate a contract with such person or debar or suspend such person\n\t\t\t from eligibility for Federal contracts for a period of not less than 2 years.\n\t\t\t Any such debarment or suspension shall be subject to the procedures that apply\n\t\t\t to debarment and suspension under the Federal Acquisition Regulation under\n\t\t\t subpart 9.4 of part 9 of title 48, Code of Federal Regulations.\n </text>\n </paragraph>\n <paragraph id=\"HA20029E7819445A9A4CB1BC498891B1D\">\n <enum>\n (2)\n </enum>\n <header>\n Inclusion on\n\t\t\t list of parties excluded from federal procurement and nonprocurement\n\t\t\t programs\n </header>\n <text>\n The Administrator of General Services shall include on\n\t\t\t the List of Parties Excluded from Federal Procurement and Nonprocurement\n\t\t\t Programs maintained by the Administrator under part 9 of the Federal\n\t\t\t Acquisition Regulation each person that is debarred, suspended, or proposed for\n\t\t\t debarment or suspension by the head of an executive agency on the basis of a\n\t\t\t determination of a false certification under paragraph (1).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H825D17AB69F54F1DA4C660159CE35591\">\n <enum>\n (c)\n </enum>\n <header>\n Rule of\n\t\t\t construction\n </header>\n <text>\n This section shall not be construed to limit the use\n\t\t\t of other remedies available to the head of an executive agency or any other\n\t\t\t official of the Federal Government on the basis of a determination of a false\n\t\t\t certification under subsection (a).\n </text>\n </subsection>\n <subsection id=\"H7B251B352A1A441685522B3CBEB8AFBB\">\n <enum>\n (d)\n </enum>\n <header>\n Waivers\n </header>\n <paragraph id=\"HA6099C47854D4B85A780FD2F49354552\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n The President may on a case-by-case basis waive the\n\t\t\t requirement that a person make a certification under subsection (a) if the\n\t\t\t President determines and certifies in writing to the congressional committees\n\t\t\t described in paragraph (2) that it is essential to the national security\n\t\t\t interests of the United States to do so.\n </text>\n </paragraph>\n <paragraph id=\"H3985D4E4673844D2BED45C9CDB4300E6\">\n <enum>\n (2)\n </enum>\n <header>\n Congressional\n\t\t\t committees described\n </header>\n <text display-inline=\"yes-display-inline\">\n The\n\t\t\t congressional committees referred to in paragraph (1) are—\n </text>\n <subparagraph id=\"H9CD88D49E073425C8DD2F6036EEBC550\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the Committee on Foreign Affairs, the\n\t\t\t Committee on Armed Services, and the Committee on Oversight and Government\n\t\t\t Reform of the House of Representatives; and\n </text>\n </subparagraph>\n <subparagraph id=\"HD69B09F93DE3401E856D53301F4E219B\">\n <enum>\n (B)\n </enum>\n <text>\n the Committee on\n\t\t\t Foreign Relations, the Committee on Armed Services, and the Committee on\n\t\t\t Homeland Security and Governmental Affairs of the Senate.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" id=\"H2315D28D5F694D65A5DD38979CEC167C\">\n <enum>\n (e)\n </enum>\n <header>\n Definitions\n </header>\n <text>\n In\n\t\t\t this section:\n </text>\n <paragraph commented=\"no\" display-inline=\"no-display-inline\" id=\"HE2A91F7AAF094A05BFECA2AD9FFD2D64\">\n <enum>\n (1)\n </enum>\n <header>\n Executive\n\t\t\t agency\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n executive agency\n </term>\n has the meaning given that term in\n\t\t\t section\n\t\t\t 133 of title 41, United States Code.\n </text>\n </paragraph>\n <paragraph commented=\"no\" display-inline=\"no-display-inline\" id=\"HC43A0D05D7A24C27BC6CF9EACF45C1CD\">\n <enum>\n (2)\n </enum>\n <header>\n Federal\n\t\t\t Acquisition Regulation\n </header>\n <text display-inline=\"yes-display-inline\">\n The\n\t\t\t term\n <term>\n Federal Acquisition Regulation\n </term>\n means the regulation issued\n\t\t\t pursuant to section\n\t\t\t 1303(a)(1) of title 41, United States Code.\n </text>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" id=\"HBDEF5578E3C34D61BE2EEFAFC9234C91\">\n <enum>\n (f)\n </enum>\n <header>\n Applicability\n </header>\n <text>\n The\n\t\t\t revisions to the Federal Acquisition Regulation required under subsection (a)\n\t\t\t shall apply with respect to contracts for which solicitations are issued on or\n\t\t\t after the date that is 90 days after the date of the enactment of this\n\t\t\t Act.\n </text>\n </subsection>\n </section>\n <section id=\"H2707740952AA4E7599CD879FBDC48335\">\n <enum>\n 227.\n </enum>\n <header>\n Conditions for\n\t\t\t entry and operation of vessels\n </header>\n <subsection id=\"H7BE9137D89D042EEAD8BFE99A6F6D76A\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n The Ports and Waters Safety Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/33/1221\">\n 33 U.S.C. 1221 et seq.\n </external-xref>\n ) is amended\n\t\t\t by adding at the end the following:\n </text>\n <quoted-block id=\"HA685C62749C246279A0526D92C611075\" style=\"OLC\">\n <section id=\"HEE2F1D311E7F480D8CD9C1CEAF326FB9\">\n <enum>\n 16.\n </enum>\n <header>\n Prohibition on\n\t\t\t\tentry and operation\n </header>\n <subsection id=\"HAA2FB7C821164931ACA00208A1692FB0\">\n <enum>\n (a)\n </enum>\n <header>\n Prohibition\n </header>\n <paragraph id=\"HAA92175F7E11400D86B167DE8AC491BA\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text display-inline=\"yes-display-inline\">\n No foreign vessel\n\t\t\t\tdescribed in subsection (b) shall enter or operate in the navigable waters of\n\t\t\t\tthe United States or transfer cargo in any port or place under the jurisdiction\n\t\t\t\tof the United States.\n </text>\n </paragraph>\n <paragraph id=\"H8E5C96D3EC9B4BCD802C325AA2546CBF\">\n <enum>\n (2)\n </enum>\n <header>\n Limitation on\n\t\t\t\tApplication\n </header>\n <text display-inline=\"yes-display-inline\">\n Paragraph (1)\n\t\t\t\tshall not apply with respect to a vessel described in subsection (b)(2) on and\n\t\t\t\tafter any date on which the Secretary of State determines that the vessel is no\n\t\t\t\tlonger registered as described in that subsection. The Secretary of State shall\n\t\t\t\tpublish a notice of each such determination in the Federal Register.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HDC074795EF1E4D4AAEE9CFBB6C5CD87B\">\n <enum>\n (b)\n </enum>\n <header>\n Vessels\n\t\t\t\tdescribed\n </header>\n <text>\n A vessel referred to in subsection (a) is a foreign\n\t\t\t\tvessel for which a Notice of Arrival is required to be filed under\n\t\t\t\tsection\n\t\t\t\t160 of title 33, Code of Federal Regulations, as in effect on\n\t\t\t\tthe date of enactment of the Nuclear Iran Prevention Act of 2013, and\n\t\t\t\tthat—\n </text>\n <paragraph id=\"HD3A23A785A59471F9CCBCCC98F16EF1A\">\n <enum>\n (1)\n </enum>\n <text>\n is on a list of\n\t\t\t\tvessels published in Federal Register under subsection (c)(2); or\n </text>\n </paragraph>\n <paragraph id=\"H8B8D380D07E24869BFA644FDD1F2B405\">\n <enum>\n (2)\n </enum>\n <text>\n more than 180 days\n\t\t\t\tafter the publication of such a list, is registered, pursuant to the Geneva\n\t\t\t\tConvention on the High Seas (13 U.S.T. 2312; TIAS 5200; 450 UNTS 82), by a\n\t\t\t\tgovernment the agents or instrumentalities of which are maintaining a\n\t\t\t\tregistration of a vessel that is included in such list.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H1DFF55DC673B450E89BDD5C6BA174B84\">\n <enum>\n (c)\n </enum>\n <header>\n Information and\n\t\t\t\tpublication\n </header>\n <text>\n The Secretary of Transportation, in consultation with\n\t\t\t\tthe Secretary of State, shall—\n </text>\n <paragraph id=\"HEFA67A6A589144BE9785E2B1BEBAAAAF\">\n <enum>\n (1)\n </enum>\n <text>\n maintain timely\n\t\t\t\tinformation on registrations of all foreign vessels over 300 gross tons that\n\t\t\t\tare—\n </text>\n <subparagraph id=\"H5C954155D570418F9ACA1AD4A9970DC3\">\n <enum>\n (A)\n </enum>\n <text>\n owned or operated\n\t\t\t\tby or on behalf of—\n </text>\n <clause id=\"H3D34C9A41E4249C3B4DB5C61CBF8F808\">\n <enum>\n (i)\n </enum>\n <text>\n the National Iran\n\t\t\t\tTanker Company or the Islamic Republic of Iran Shipping Line; or\n </text>\n </clause>\n <clause id=\"HD6B2CDF1BD8A44E28CA802B36F6F12E9\">\n <enum>\n (ii)\n </enum>\n <text>\n any successor to\n\t\t\t\tan entity referred to in clause (i); or\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H22E096B2142F417893558F497405ECE3\">\n <enum>\n (B)\n </enum>\n <text>\n otherwise owned or\n\t\t\t\toperated by or on behalf of Iran; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H5959C306357D420C95B984370C25D94A\">\n <enum>\n (2)\n </enum>\n <text>\n publish in the\n\t\t\t\tFederal Register a list of vessels described in paragraph (1), including\n\t\t\t\tperiodic updates of such list.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H07BB19CD4A304D4EBD884444D235A792\">\n <enum>\n (d)\n </enum>\n <header>\n Notification of\n\t\t\t\tgovernments\n </header>\n <text>\n The Secretary of State shall notify each government\n\t\t\t\tthe agents or instrumentalities of which are maintaining a registration of a\n\t\t\t\tforeign vessel that is included on the list published under subsection (c)(2),\n\t\t\t\tthat all vessels registered under such government’s authority are subject to\n\t\t\t\tthe prohibition under subsection (a) if more than 180 days after such\n\t\t\t\tpublication the government continues to maintain a registration for a vessel\n\t\t\t\tthat is included on the list published under subsection (c)(2).\n </text>\n </subsection>\n <subsection id=\"HE0CB582F903946D59739F8A4C650C093\">\n <enum>\n (e)\n </enum>\n <header>\n Notification of\n\t\t\t\tvessels\n </header>\n <text>\n Upon receiving a Notice of Arrival under\n\t\t\t\tsection\n\t\t\t\t160 of title 33, Code of Federal Regulations (as in effect on\n\t\t\t\tthe date of enactment of the Nuclear Iran Prevention Act of 2013) from a vessel\n\t\t\t\tdescribed in (b), the Secretary shall notify the master of such vessel that the\n\t\t\t\tvessel may not enter or operate in the navigable waters of the United States or\n\t\t\t\ttransfer cargo in any port or place under the jurisdiction of the United\n\t\t\t\tStates, unless—\n </text>\n <paragraph id=\"H96766413BBD7404FAB493B2CCA058AC1\">\n <enum>\n (1)\n </enum>\n <text>\n the Secretary has\n\t\t\t\tmade a determination described in subsection (a)(2); or\n </text>\n </paragraph>\n <paragraph id=\"H50A2FBEE4B4D4E74929F4E841199E30E\">\n <enum>\n (2)\n </enum>\n <text>\n the Secretary\n\t\t\t\tallows provisional entry of the vessel, or transfer of cargo from the vessel,\n\t\t\t\tunder subsection (f).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H0E6D392B67F545E596B6C57FE4DC3225\">\n <enum>\n (f)\n </enum>\n <header>\n Provisional\n\t\t\t\tentry or cargo transfer\n </header>\n <text>\n Notwithstanding subsection (e), the\n\t\t\t\tSecretary may allow provisional entry of, or transfer of cargo from, a foreign\n\t\t\t\tvessel described in subsection (b), if such entry or transfer is necessary for\n\t\t\t\tthe safety of the vessel or persons aboard.\n </text>\n </subsection>\n <subsection id=\"HB0269F72D05E403F9B1F0FA13FEBBAEF\">\n <enum>\n (g)\n </enum>\n <header>\n Right of\n\t\t\t\tinnocent passage\n </header>\n <text>\n This section shall not be construed as authority\n\t\t\t\tto restrict the right of innocent passage as recognized under international\n\t\t\t\tlaw.\n </text>\n </subsection>\n <subsection id=\"H732E2E1139AA4EB0981ACDBF5F6E3F2A\">\n <enum>\n (h)\n </enum>\n <header>\n Foreign vessel\n\t\t\t\tdefined\n </header>\n <text>\n In this section the term\n <quote>\n foreign vessel\n </quote>\n has the meaning given that term in\n\t\t\t\tsection\n\t\t\t\t110 of title 46, United States\n\t\t\t\tCode.\n </text>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HD98B41D44C8E4F58904841CB4E0C260A\">\n <enum>\n (b)\n </enum>\n <header>\n Deadline for\n\t\t\t publication\n </header>\n <text>\n The Secretary shall publish a list under section\n\t\t\t 16(c)(2) of the Ports and Waterways Safety Act, as amended by this section, by\n\t\t\t not later than 180 days after the date of the enactment of this Act.\n </text>\n </subsection>\n <subsection id=\"H1860B6DE3DCC49D79660AC9EE8FDC546\">\n <enum>\n (c)\n </enum>\n <header>\n Conforming\n\t\t\t Amendments\n </header>\n <paragraph id=\"H45FB278F190344279405B911E50FA16A\">\n <enum>\n (1)\n </enum>\n <text>\n Section 13(e) of\n\t\t\t the Ports and Waterways Safety Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/33/1232\">\n 33 U.S.C. 1232(e)\n </external-xref>\n ) is amended by\n\t\t\t striking\n <quote>\n section 9\n </quote>\n and inserting\n <quote>\n sections 9 and\n\t\t\t 16\n </quote>\n .\n </text>\n </paragraph>\n <paragraph id=\"H8C190F995A70433882D4D0AA79156C58\">\n <enum>\n (2)\n </enum>\n <text>\n Section 4(b)(2) of\n\t\t\t the Ports and Waterways Safety Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/33/1223\">\n 33 U.S.C. 1223(b)(2)\n </external-xref>\n ) is amended by\n\t\t\t striking\n <quote>\n section 9\n </quote>\n and inserting\n <quote>\n section 9 or\n\t\t\t 16\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n </section>\n </subtitle>\n \n \n <enum>\n III\n </enum>\n <header>\n Additional\n\t\t\t authorities to prevent censorship activities in Iran\n </header>\n <section id=\"HB5A5E0E0F54543B289D6AF339C20DB7B\">\n <enum>\n 301.\n </enum>\n <header>\n Report on\n\t\t\t implementation of sanctions against the Islamic Republic of Iran\n\t\t\t Broadcasting\n </header>\n <subsection id=\"H4527B37DFFAD4AEDADBB0673BA214DAF\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 90\n\t\t\t days after the date of the enactment of this Act, the Secretary of State shall\n\t\t\t submit to Congress a report on the following:\n </text>\n <paragraph id=\"HC49E9216DCE44849B798451A26DECF74\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n The current status of availability of the\n\t\t\t Islamic Republic of Iran Broadcasting (IRIB) on international satellites,\n\t\t\t entities that facilitate its operation by providing services or equipment, and\n\t\t\t the technical means that it engages in jamming.\n </text>\n </paragraph>\n <paragraph id=\"H0E20D1A675A3458F9B9EEC96525E7414\">\n <enum>\n (2)\n </enum>\n <text>\n The instances,\n\t\t\t since January 1, 2012, in which the IRIB engaged in activities that violated\n\t\t\t Article 19 of the International Covenant on Civil and Political Rights,\n\t\t\t including broadcasting forced confessions and hate speech against\n\t\t\t minorities.\n </text>\n </paragraph>\n <paragraph id=\"H473E9487C93A47C8AA21479134311670\">\n <enum>\n (3)\n </enum>\n <text>\n The instances,\n\t\t\t since January 1, 2012, in which international broadcasting programs originating\n\t\t\t from the United States and Europe have been subject to disruption in Iran, with\n\t\t\t relevant details such as which programs were disrupted, available location\n\t\t\t information on the origin of the disruption, and the extent of the\n\t\t\t disruption.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H90C785CBBE7F4B4BBE62C185AC04D1A9\">\n <enum>\n (b)\n </enum>\n <header>\n Coordination\n </header>\n <text display-inline=\"yes-display-inline\">\n In developing the report required by\n\t\t\t subsection (a), the Secretary of State shall coordinate with the Broadcasting\n\t\t\t Board of Governors, the Secretary of the Treasury, and the heads of other\n\t\t\t relevant Federal departments and agencies.\n </text>\n </subsection>\n <subsection id=\"H0F802392896C4327AFDA00F6C1BC6504\">\n <enum>\n (c)\n </enum>\n <header>\n Public\n\t\t\t availability\n </header>\n <text display-inline=\"yes-display-inline\">\n All unclassified\n\t\t\t portions of the report required by subsection (a) shall be made publicly\n\t\t\t available on the Internet web site of the Department of State.\n </text>\n </subsection>\n </section>\n <section id=\"HC89D4A32955C4C86B9A066896A529E1A\">\n <enum>\n 302.\n </enum>\n <header>\n List of persons\n\t\t\t who are high-risk re-exporters of sensitive technologies\n </header>\n <subsection id=\"H5E6D4B2682824A44A233DC8E54A901E6\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 90\n\t\t\t days after the date of the enactment of this Act, and every 90 days thereafter,\n\t\t\t the Secretary of Commerce, in conjunction with the Secretary of State and the\n\t\t\t Secretary of the Treasury, shall make publicly available and update as\n\t\t\t appropriate a list of persons who are high-risk re-exporters of sensitive\n\t\t\t technologies in order to seek to ensure that the Government of Iran or an\n\t\t\t entity owned or controlled by that Government is unable to obtain sensitive\n\t\t\t technologies through the re-export of such sensitive technologies by\n\t\t\t third-party intermediaries.\n </text>\n </subsection>\n <subsection id=\"H8E9E33CD678B442F8A2A6274B3CC850F\">\n <enum>\n (b)\n </enum>\n <header>\n Definition\n </header>\n <text display-inline=\"yes-display-inline\">\n In this section, the term\n <quote>\n sensitive\n\t\t\t technology\n </quote>\n has the meaning given that term in section 106 of the\n\t\t\t Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010\n\t\t\t (22 U.S.C.\n\t\t\t 8515).\n </text>\n </subsection>\n </section>\n <section id=\"H19F95E896AD147178A6878F92BA4D487\">\n <enum>\n 303.\n </enum>\n <header>\n Sense of\n\t\t\t Congress on provision of intercept technologies to Iran\n </header>\n <text display-inline=\"no-display-inline\">\n It is the sense of Congress that—\n </text>\n <paragraph id=\"H1D55A36F94D643149ACD5BF276764E2C\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n those that provide intercept technologies\n\t\t\t that limit freedom of speech or expression to the Government of Iran should be\n\t\t\t held accountable for the repression of the Iranian people; and\n </text>\n </paragraph>\n <paragraph id=\"H4521BF14D0994E0EB09969394E5F26D2\">\n <enum>\n (2)\n </enum>\n <text>\n no person should\n\t\t\t use an existing contract with the Government of Iran as a justification to\n\t\t\t continue to supply intercept technologies to the Government of Iran for\n\t\t\t purposes of restricting the free flow of information.\n </text>\n </paragraph>\n </section>\n <section id=\"H9659B77426F14F7EA9248B85B4B8F244\">\n <enum>\n 304.\n </enum>\n <header>\n Sense of\n\t\t\t Congress on availability of consumer communication technologies in\n\t\t\t Iran\n </header>\n <text display-inline=\"no-display-inline\">\n It is the sense of\n\t\t\t Congress that—\n </text>\n <paragraph id=\"H33E45CBC40E7415FAEB2A9BAB3A29CE7\">\n <enum>\n (1)\n </enum>\n <text>\n the Department of\n\t\t\t State should encourage the free flow of information in Iran to counter the\n\t\t\t Government of Iran’s repression of its own people; and\n </text>\n </paragraph>\n <paragraph id=\"H926FF371679D415D8646C14A01799C01\">\n <enum>\n (2)\n </enum>\n <text>\n in order to\n\t\t\t facilitate the free flow of information in Iran, the Department of State should\n\t\t\t promote the availability of certain consumer communication technologies to\n\t\t\t Iranian civil society and the Iranian people.\n </text>\n </paragraph>\n </section>\n <section id=\"H89565D03AA9C44FA9FD619EA05A640F9\">\n <enum>\n 305.\n </enum>\n <header>\n Expedited\n\t\t\t consideration of requests for authorization of transfer of goods and services\n\t\t\t to Iran to facilitate the ability of Iranian persons to freely\n\t\t\t communicate\n </header>\n <subsection id=\"HD0ED1399471F4FEC95290C664265AB51\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 413 of the\n\t\t\t Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8753\">\n 22 U.S.C. 8753\n </external-xref>\n ) is\n\t\t\t amended—\n </text>\n <paragraph id=\"HDF7A13341BDC41FEA30A5368E7793B46\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating\n\t\t\t subsection (e) as subsection (f); and\n </text>\n </paragraph>\n <paragraph id=\"H72477B8352DE4FCABA395E59083DBC7B\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after\n\t\t\t subsection (d) the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HB985AEDABA4A4FD5BC7FD4E430101082\" style=\"OLC\">\n <subsection id=\"H050EAC6675FA48769449581683A4D109\">\n <enum>\n (e)\n </enum>\n <header>\n Rule of\n\t\t\t\tconstruction\n </header>\n <text display-inline=\"yes-display-inline\">\n The expedited\n\t\t\t\tprocess for the consideration of complete requests for authorization to engage\n\t\t\t\tin the activities described in subsection (a) shall be construed to also apply\n\t\t\t\tto the transfer of goods and services to Iran to facilitate the ability of\n\t\t\t\tIranian persons to freely communicate, obtain information, and access the\n\t\t\t\tInternet and other communications systems.\n </text>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"HAED8803628B74C0B88DA85E1809F3744\">\n <enum>\n (b)\n </enum>\n <header>\n Effective\n\t\t\t date\n </header>\n <text display-inline=\"yes-display-inline\">\n The amendments made by\n\t\t\t subsection (a) take effect on the date of the enactment of this Act and apply\n\t\t\t with respect to requests described in section 413 of the Iran Threat Reduction\n\t\t\t and Syria Human Rights Act of 2012, as so amended, that are submitted to the\n\t\t\t Office of Foreign Assets Control on or after such date of enactment.\n </text>\n </subsection>\n </section>\n \n \n <enum>\n IV\n </enum>\n <header>\n Reports and other\n\t\t\t matters\n </header>\n <section id=\"H2538756671364C9AA1979EB690852922\">\n <enum>\n 401.\n </enum>\n <header>\n National\n\t\t\t Strategy on Iran\n </header>\n <subsection id=\"H5DF239049E55455188BDC786AB34E425\">\n <enum>\n (a)\n </enum>\n <header>\n National\n\t\t\t strategy required\n </header>\n <text>\n The President shall develop a strategy, to be\n\t\t\t known as the\n <quote>\n National Strategy on Iran\n </quote>\n , that provides strategic\n\t\t\t guidance for activities that support the objective of addressing the threats\n\t\t\t posed by Iran.\n </text>\n </subsection>\n <subsection id=\"H73AEF7038B0942B6A785FB47ECEB5B68\">\n <enum>\n (b)\n </enum>\n <header>\n Annual\n\t\t\t report\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 180\n\t\t\t days after the date of the enactment of this Act or January 30, 2014, whichever\n\t\t\t occurs first, and every January 30 thereafter, the President shall submit to\n\t\t\t the appropriate congressional committees the National Strategy on Iran required\n\t\t\t under subsection (a).\n </text>\n </subsection>\n <subsection id=\"HDE96886B43F243F389327E8080A55051\">\n <enum>\n (c)\n </enum>\n <header>\n Matters To be\n\t\t\t included\n </header>\n <text>\n The report required under subsection (b) shall include,\n\t\t\t at a minimum, the following:\n </text>\n <paragraph id=\"H86B36878E38D42F0BBEE798391B809EF\">\n <enum>\n (1)\n </enum>\n <text>\n A\n\t\t\t description of Iran’s grand strategy and security strategy, including strategic\n\t\t\t objectives, and the security posture and objectives of Iran.\n </text>\n </paragraph>\n <paragraph id=\"H8CAE383C160940FE9CC357057F5EF229\">\n <enum>\n (2)\n </enum>\n <text>\n A\n\t\t\t description of the United States strategy to—\n </text>\n <subparagraph id=\"H8C64E560E5F444FD8DF45B1CB83AC0F6\">\n <enum>\n (A)\n </enum>\n <text>\n address and\n\t\t\t counter the capabilities of Iran’s conventional forces and Iran’s\n\t\t\t unconventional forces;\n </text>\n </subparagraph>\n <subparagraph id=\"H65901045320F4D44BB50ADE04B715532\">\n <enum>\n (B)\n </enum>\n <text>\n disrupt and deny\n\t\t\t Iranian efforts to develop or augment capabilities related to nuclear,\n\t\t\t unconventional, and missile forces development;\n </text>\n </subparagraph>\n <subparagraph id=\"HED322E969D0B410AA7F97FE85973CDF0\">\n <enum>\n (C)\n </enum>\n <text>\n address the\n\t\t\t Government of Iran’s economic strategy to enable the objectives described in\n\t\t\t this subsection;\n </text>\n </subparagraph>\n <subparagraph id=\"H9DF6EF75648B4472994836FDCA6E6E6E\">\n <enum>\n (D)\n </enum>\n <text>\n exploit key\n\t\t\t vulnerabilities; and\n </text>\n </subparagraph>\n <subparagraph id=\"H2028C91C26254C5FB16E8D019BEC70EC\">\n <enum>\n (E)\n </enum>\n <text display-inline=\"yes-display-inline\">\n combat Iranian efforts to suppress Internet\n\t\t\t freedom, including actions of the United States to—\n </text>\n <clause id=\"H6C3FD72496094740821F6C9B67A4344F\">\n <enum>\n (i)\n </enum>\n <text>\n work\n\t\t\t to promote expanded Internet access for democracy activists in Iran;\n </text>\n </clause>\n <clause id=\"H4E660B6CA6994183A212CE25B6C7A936\">\n <enum>\n (ii)\n </enum>\n <text>\n add\n\t\t\t a public diplomacy page to the United States’ virtual embassy in Iran;\n\t\t\t and\n </text>\n </clause>\n <clause id=\"HE3434BD9073C405BA971FC66E365745F\">\n <enum>\n (iii)\n </enum>\n <text>\n leverage\n\t\t\t multilateral organizations committed to Internet connectivity in Iran.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HC1DD9520F7CB4F8FA16B1132A2BECC35\">\n <enum>\n (3)\n </enum>\n <text>\n An implementation\n\t\t\t plan for the United States strategy described in paragraph (2).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H7633E9FA2066420AA066A483138D7DC8\">\n <enum>\n (d)\n </enum>\n <header>\n Form\n </header>\n <text>\n The\n\t\t\t report required under subsection (b) shall be submitted in unclassified form to\n\t\t\t the greatest extent possible, but may include a classified annex, if\n\t\t\t necessary.\n </text>\n </subsection>\n <subsection id=\"H2FEC62CE249E484497FF4828926D2169\">\n <enum>\n (e)\n </enum>\n <header>\n Appropriate\n\t\t\t congressional committees\n </header>\n <text>\n In this section, the term\n <term>\n appropriate congressional committees\n </term>\n means—\n </text>\n <paragraph id=\"H16504EE86369434A9D35299F15D22D90\">\n <enum>\n (1)\n </enum>\n <text>\n the Committee on\n\t\t\t Foreign Affairs, the Committee on Armed Services, the Committee on Financial\n\t\t\t Services, the Committee on Ways and Means, and the Permanent Select Committee\n\t\t\t on Intelligence of the House of Representatives; and\n </text>\n </paragraph>\n <paragraph id=\"H873EA92FF717474BB654A9F7EF3DB42E\">\n <enum>\n (2)\n </enum>\n <text>\n the Committee on\n\t\t\t Foreign Relations, the Committee on Armed Services, the Committee on Banking,\n\t\t\t Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select\n\t\t\t Committee on Intelligence of the Senate.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H15868231E50849ADADDCEF4AB95409E2\">\n <enum>\n 402.\n </enum>\n <header>\n Report on\n\t\t\t Iranian nuclear and economic capabilities\n </header>\n <subsection id=\"H434E20DA0FAA4F2E891BDEC848C01EC1\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 60\n\t\t\t days after the date of the enactment of this Act, the President shall submit to\n\t\t\t the appropriate congressional committees a report on the following:\n </text>\n <paragraph id=\"HCA81241F12A446CB9F55ADB69465A073\">\n <enum>\n (1)\n </enum>\n <text>\n An estimate of the\n\t\t\t timeline for Iranian capabilities to develop nuclear weapons, including—\n </text>\n <subparagraph id=\"HB509A4252A0B492FA795D02D5B9E282B\">\n <enum>\n (A)\n </enum>\n <text>\n an estimate of the\n\t\t\t period of time it would take Iran to produce enough weapons-grade uranium for a\n\t\t\t single implosion-type nuclear weapon, taking into account all known relevant\n\t\t\t technical data;\n </text>\n </subparagraph>\n <subparagraph id=\"H8660D654EB51436BA892A97CD08719B9\">\n <enum>\n (B)\n </enum>\n <text>\n an estimate of the\n\t\t\t period of time it would take Iran to produce sufficient separated plutonium for\n\t\t\t a single nuclear weapon;\n </text>\n </subparagraph>\n <subparagraph id=\"HDBA662EF495B4FE2855913CBEA99C0CF\">\n <enum>\n (C)\n </enum>\n <text>\n a description of\n\t\t\t the assumptions underlying the estimates referred to in subparagraphs (A) and\n\t\t\t (B), and any information about developments that might alter or otherwise\n\t\t\t affect those assumptions;\n </text>\n </subparagraph>\n <subparagraph id=\"H3EC366BAA95E477AB8641D82B91CEC79\">\n <enum>\n (D)\n </enum>\n <text>\n an estimate of the\n\t\t\t date by which the periods of time referred to in subparagraphs (A) and (B) will\n\t\t\t be less than 45 days; and\n </text>\n </subparagraph>\n <subparagraph id=\"HE0582CBEF1104B999CF8C7C53BE9DAA7\">\n <enum>\n (E)\n </enum>\n <text>\n a description of\n\t\t\t any efforts by the United States to increase the frequency of inspections by\n\t\t\t the International Atomic Energy Agency of nuclear facilities in Iran.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H98F78EC054684E4FBD2D59949D999DC0\">\n <enum>\n (2)\n </enum>\n <text>\n An assessment of\n\t\t\t Iranian strategy and capabilities relating to development of nuclear weapons,\n\t\t\t including—\n </text>\n <subparagraph id=\"H0A6FAB417394424A9D8F084BB9816589\">\n <enum>\n (A)\n </enum>\n <text>\n a summary and\n\t\t\t analysis of current nuclear weapons capabilities;\n </text>\n </subparagraph>\n <subparagraph id=\"H5118910C8C6A4D6AA4018AE3935BC145\">\n <enum>\n (B)\n </enum>\n <text>\n an estimate of the\n\t\t\t amount and sources of funding expended by, and an analysis of procurement\n\t\t\t networks utilized by, Iran to develop its nuclear weapons capabilities;\n </text>\n </subparagraph>\n <subparagraph id=\"H87C1909CF90F413CB4691308A3D28534\">\n <enum>\n (C)\n </enum>\n <text>\n a summary of the\n\t\t\t capabilities of Iran's unconventional weapons and Iran's ballistic missile\n\t\t\t forces and Iran's cruise missile forces;\n </text>\n </subparagraph>\n <subparagraph id=\"H6B07D47A09B04B2FB1149DF7E2CA635C\">\n <enum>\n (D)\n </enum>\n <text>\n a detailed\n\t\t\t analysis of the effectiveness of Iran's unconventional weapons and Iran's\n\t\t\t ballistic missile forces and Iran's cruise missile forces as delivery systems\n\t\t\t for a nuclear device;\n </text>\n </subparagraph>\n <subparagraph id=\"H3FBAD85027E14AA2A9607EA79CCF6FC6\">\n <enum>\n (E)\n </enum>\n <text>\n a description of\n\t\t\t all efforts of Iran to design and develop a nuclear weapon, including efforts\n\t\t\t to design or fit warheads, and any other possible military dimensions of the\n\t\t\t nuclear program of Iran; and\n </text>\n </subparagraph>\n <subparagraph id=\"H56C0C477FC9A47759AF8DE6B1BA408C3\">\n <enum>\n (F)\n </enum>\n <text>\n an analysis of the\n\t\t\t procurement network, including the amount and sources of funding expended by\n\t\t\t Iran on programs to develop a nuclear weapons capability.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H83A483D117984AD0AAEDA09AD4700695\">\n <enum>\n (3)\n </enum>\n <text>\n Projected economic\n\t\t\t effects of international sanctions on Iran, including—\n </text>\n <subparagraph id=\"H4292417B805746299A54A5AF4AAB1AA1\">\n <enum>\n (A)\n </enum>\n <text>\n an estimate of the\n\t\t\t capital accounts, current accounts, and amounts of foreign exchange reserves\n\t\t\t (including access to foreign exchange reserves) of the Government of Iran, and\n\t\t\t other leading indicators of the status of the economy of Iran;\n </text>\n </subparagraph>\n <subparagraph id=\"HBED22BD292364C6A8C26860A95B7B00D\">\n <enum>\n (B)\n </enum>\n <text>\n an estimate of\n\t\t\t timelines with respect to macroeconomic viability of Iran, including the time\n\t\t\t by which the Government of Iran will exhaust its foreign exchange\n\t\t\t reserves;\n </text>\n </subparagraph>\n <subparagraph id=\"H03C417AB041D4A65832178FDE1073592\">\n <enum>\n (C)\n </enum>\n <text>\n an estimate of the\n\t\t\t date by which the reserves of the Central Bank of Iran will be insufficient for\n\t\t\t the Government of Iran to avoid a severe balance of payments crisis that\n\t\t\t prevents it from maintaining a functioning economy, including—\n </text>\n <clause id=\"HA8514391435547C1B78B502FB474F9A5\">\n <enum>\n (i)\n </enum>\n <text>\n the\n\t\t\t inflation rate, exchange rates, unemployment rate, and budget deficits in Iran;\n\t\t\t and\n </text>\n </clause>\n <clause id=\"H6826AA8D50F34820ADD87F4745C3846E\">\n <enum>\n (ii)\n </enum>\n <text>\n other leading\n\t\t\t macroeconomic indicators used by the International Monetary Fund, professional\n\t\t\t rating agencies, and other credible sources to assess the economic health of a\n\t\t\t country;\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H5FF2046E7A99479DA65F536ACA247EB5\">\n <enum>\n (D)\n </enum>\n <text>\n a description of\n\t\t\t the assumptions underlying the estimate referred to in paragraph (3) and an\n\t\t\t indication of how changes in each of those assumptions could affect the\n\t\t\t estimate;\n </text>\n </subparagraph>\n <subparagraph id=\"HC63DC105618D4AACA23369959D06FCE2\">\n <enum>\n (E)\n </enum>\n <text>\n an assessment of\n\t\t\t the effect of sanctions imposed with respect to Iran on moving forward the date\n\t\t\t referred to in subparagraph (C); and\n </text>\n </subparagraph>\n <subparagraph id=\"H508BFFD856C84570A0471AA603D64F67\">\n <enum>\n (F)\n </enum>\n <text>\n a description of\n\t\t\t actions taken by the Government of Iran to delay the date referred to in\n\t\t\t subparagraph (C).\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H598F94B877AC407DA2382B5D8BB1188C\">\n <enum>\n (b)\n </enum>\n <header>\n Update\n </header>\n <text display-inline=\"yes-display-inline\">\n The President shall submit to the\n\t\t\t appropriate congressional committees an update of the report required by\n\t\t\t subsection (a) every 60 days after the date of submission of the report that\n\t\t\t includes any pertinent developments to Iranian nuclear or economic\n\t\t\t capabilities.\n </text>\n </subsection>\n <subsection id=\"H40002A78FFBC4634B9CBDEF1423E0994\">\n <enum>\n (c)\n </enum>\n <header>\n Form\n </header>\n <text>\n The\n\t\t\t report required under subsection (a) and the update required under subsection\n\t\t\t (b) shall be submitted in unclassified form to the greatest extent possible,\n\t\t\t but may include a classified annex, if necessary.\n </text>\n </subsection>\n <subsection id=\"H64F7EE7C88564FAA90071821EC698AA2\">\n <enum>\n (d)\n </enum>\n <header>\n Definitions\n </header>\n <text>\n In\n\t\t\t this section:\n </text>\n <paragraph id=\"H5FECD153DFE5447DB568B4285C19F301\">\n <enum>\n (1)\n </enum>\n <header>\n Appropriate\n\t\t\t congressional committees\n </header>\n <text>\n The term\n <quote>\n appropriate\n\t\t\t congressional committees\n </quote>\n means—\n </text>\n <subparagraph id=\"H6AB614476CA24BF89FCD7F1AE8D91290\">\n <enum>\n (A)\n </enum>\n <text>\n the Committee on\n\t\t\t Foreign Affairs, the Committee on Armed Services, the Committee on Financial\n\t\t\t Services, the Committee on Ways and Means, and the Permanent Select Committee\n\t\t\t on Intelligence of the House of Representatives; and\n </text>\n </subparagraph>\n <subparagraph id=\"HB7F85F2D34514A459622E1237EC685EC\">\n <enum>\n (B)\n </enum>\n <text>\n the Committee on\n\t\t\t Foreign Relations, the Committee on Armed Services, the Committee on Banking,\n\t\t\t Housing, and Urban Affairs, the Committee on Finance, and the Select Committee\n\t\t\t on Intelligence of the Senate.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H84F7DB795AF243278687D201EF67D7E6\">\n <enum>\n (2)\n </enum>\n <header>\n Nuclear\n\t\t\t explosive device\n </header>\n <text>\n The term\n <quote>\n nuclear explosive device\n </quote>\n means any device, whether assembled or disassembled, that is designed to\n\t\t\t produce an instantaneous release of an amount of nuclear energy from special\n\t\t\t nuclear material that is greater than the amount of energy that would be\n\t\t\t released from the detonation of one pound of trinitrotoluene (TNT).\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H829B3543B9D047FB9AE59EBB89832C45\">\n <enum>\n 403.\n </enum>\n <header>\n Report on\n\t\t\t plausibility of expanding sanctions on Iranian oil\n </header>\n <subsection id=\"H1223A02EA0E04DD181D8058D8AEDA171\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text>\n Not later than 180 days after the date of the enactment\n\t\t\t of this Act, the President shall submit to the appropriate congressional\n\t\t\t committees a report assessing the following:\n </text>\n <paragraph id=\"H39A098660B5D46538F1C742CF13EE741\">\n <enum>\n (1)\n </enum>\n <text>\n Whether petroleum\n\t\t\t and petroleum products originating in and exported from Iran are refined and\n\t\t\t sold outside of Iran.\n </text>\n </paragraph>\n <paragraph id=\"H58BD8F0F29BF4A9585DA28BAA98C556F\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Whether products that contain\n\t\t\t Iranian-origin petroleum or petroleum products as part of their contents are\n\t\t\t imported into the United States and, if any such products are imported into the\n\t\t\t United States, whether such importation violates the ban on importation into\n\t\t\t the United States of Iranian-origin petroleum or petroleum products.\n </text>\n </paragraph>\n <paragraph id=\"H419197C0372546019D0C6C64AA2A89F0\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Whether it is feasible to ban the\n\t\t\t importation into the United States of products described in paragraph (2),\n\t\t\t regardless of whether the ban on importation into the United States of\n\t\t\t Iranian-origin petroleum or petroleum products applies to such products.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HC64867227B1045AD8490BF112300F8AA\">\n <enum>\n (b)\n </enum>\n <header>\n Basis of\n\t\t\t report\n </header>\n <text>\n The report required under subsection (a) may be based on\n\t\t\t publicly-available information and classified information. The information that\n\t\t\t is not classified information shall be made publically available.\n </text>\n </subsection>\n <subsection id=\"HC75C07F5928B44288E8ADD1F75A66E31\">\n <enum>\n (c)\n </enum>\n <header>\n Appropriate\n\t\t\t congressional committees\n </header>\n <text>\n In this section, the term\n <quote>\n appropriate congressional committees\n </quote>\n means—\n </text>\n <paragraph id=\"H8D6973C272514A4F95557BB131C52746\">\n <enum>\n (1)\n </enum>\n <text>\n the Committee on\n\t\t\t Foreign Affairs, the Committee on Financial Services, and the Committee on Ways\n\t\t\t and Means of the House of Representatives; and\n </text>\n </paragraph>\n <paragraph id=\"H44A9FB3B7D484225B7B30318C2A9595B\">\n <enum>\n (2)\n </enum>\n <text>\n the Committee on\n\t\t\t Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and\n\t\t\t the Committee on Finance of the Senate.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H79AA45C423AE44EF90B95E1CEF5FA289\">\n <enum>\n 404.\n </enum>\n <header>\n GAO report on\n\t\t\t Iranian strategy to evade current sanctions and other matters\n </header>\n <text display-inline=\"no-display-inline\">\n Not later than 90 days after the date of the\n\t\t\t enactment of this Act, the Comptroller General of the United States shall\n\t\t\t submit to Congress a report that—\n </text>\n <paragraph id=\"HE7ECD653D47A4A7F8F05CA0311ED96E9\">\n <enum>\n (1)\n </enum>\n <text>\n evaluates the\n\t\t\t strategy of the Government of Iran to evade current economic and financial\n\t\t\t sanctions; and\n </text>\n </paragraph>\n <paragraph id=\"H660F14A4D0944398B9ABA30F03118A74\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n specifically evaluates the ability of Iran\n\t\t\t to successfully diversify its economy beyond its energy sector, thereby\n\t\t\t lessening the impact and effectiveness of economic and financial\n\t\t\t sanctions.\n </text>\n </paragraph>\n </section>\n <section id=\"H0158DA1841D44442B42E83A3A881E75E\">\n <enum>\n 405.\n </enum>\n <header>\n Authority to\n\t\t\t consolidate reports required under Iran sanctions laws\n </header>\n <subsection id=\"H5A735E40719F468C92D44C3F5C63F531\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n Any or all reports\n\t\t\t required to be submitted to Congress under the provisions of law described in\n\t\t\t subsection (c) that are subject to a deadline for submission consisting of the\n\t\t\t same unit of time may be consolidated into a single report that is submitted to\n\t\t\t Congress pursuant to such deadline.\n </text>\n </subsection>\n <subsection id=\"HC72DA622209248D09BA07F566A9B8AD0\">\n <enum>\n (b)\n </enum>\n <header>\n Exception\n </header>\n <text>\n Subsection\n\t\t\t (a) shall not apply with respect to the initial report of any report described\n\t\t\t in subsection (a).\n </text>\n </subsection>\n <subsection id=\"H7BAD59BADBC04026B72DC01FA17CF972\">\n <enum>\n (c)\n </enum>\n <header>\n Provisions of\n\t\t\t law described\n </header>\n <text>\n The provisions of law referred to in this section\n\t\t\t are the following:\n </text>\n <paragraph id=\"H5227EEDDBB024874AE070D42FF0BEA5E\">\n <enum>\n (1)\n </enum>\n <text>\n This Act and the\n\t\t\t amendments made by this Act.\n </text>\n </paragraph>\n <paragraph id=\"HBB1C2A26C55F42BE91BF3A0C0048E5A3\">\n <enum>\n (2)\n </enum>\n <text>\n The Iran Freedom\n\t\t\t and Counter-Proliferation Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8801\">\n 22 U.S.C. 8801 et seq.\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"H50592BC235F141538B4F6C2A8C5570E8\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n The Iran Threat Reduction and Syria Human\n\t\t\t Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8701\">\n 22 U.S.C. 8701 et seq.\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"H58BCFA1959C148CA9F63565B0C0A4818\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n The Comprehensive Iran Sanctions,\n\t\t\t Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8501\">\n 22 U.S.C. 8501 et seq.\n </external-xref>\n ).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H620C935996074F06A2D53D283B41F3F5\">\n <enum>\n (d)\n </enum>\n <header>\n Effective\n\t\t\t date\n </header>\n <text display-inline=\"yes-display-inline\">\n This section takes\n\t\t\t effect on the date of the enactment of this Act and applies with respect to\n\t\t\t reports required to be submitted to Congress under the provisions of law\n\t\t\t described in subsection (c) on or after such date of enactment.\n </text>\n </subsection>\n </section>\n <section id=\"HB73CA4660667408DA394BEE8CD296F69\">\n <enum>\n 406.\n </enum>\n <header>\n Amendments to\n\t\t\t definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and\n\t\t\t Syria Human Rights Act of 2012\n </header>\n <subsection id=\"H0626327375C94B959EB1BF3397AAB318\">\n <enum>\n (a)\n </enum>\n <header>\n Iran Sanctions\n\t\t\t Act of 1996\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 14(4)(B)\n\t\t\t of the Iran Sanctions Act of 1996 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/172\">\n Public Law 104–172\n </external-xref>\n ;\n\t\t\t 50 U.S.C.\n\t\t\t 1701 note) is amended by striking\n <quote>\n may include, in the\n\t\t\t discretion of the President\n </quote>\n and inserting\n <quote>\n includes\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"HA820FD946B1F4908B91803950F3C4796\">\n <enum>\n (b)\n </enum>\n <header>\n Iran Threat\n\t\t\t Reduction and Syria Human Rights Act of 2012\n </header>\n <text>\n Section 211 of the\n\t\t\t Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8721\">\n 22 U.S.C. 8721\n </external-xref>\n ) is\n\t\t\t amended by adding at the end the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HFF4017F0C80643649DD09E735B136341\" style=\"OLC\">\n <subsection id=\"H0E246CAFFC5A4D999267B84776D96E75\">\n <enum>\n (f)\n </enum>\n <header>\n Definition\n </header>\n <text display-inline=\"yes-display-inline\">\n In this section, the term\n <quote>\n appropriate congressional committees\n </quote>\n includes the Committee on\n\t\t\t\tTransportation and Infrastructure of the House of Representatives and the\n\t\t\t\tCommittee on Commerce, Science, and Transportation of the Senate.\n </text>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n </section>\n <section id=\"HE325C6F3ACA94076ACD298354BEDAAC1\">\n <enum>\n 407.\n </enum>\n <header>\n Rule of\n\t\t\t construction\n </header>\n <text display-inline=\"no-display-inline\">\n Nothing in this\n\t\t\t Act or any amendment made by this Act shall be construed to apply with respect\n\t\t\t to—\n </text>\n <paragraph id=\"HF41C0911FD2D452690086FE7B3FA9E36\">\n <enum>\n (1)\n </enum>\n <text>\n any activity\n\t\t\t relating to a project described in subsection (a) of section 603 of the Iran\n\t\t\t Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8783\">\n 22 U.S.C. 8783\n </external-xref>\n ) to\n\t\t\t which the exception under that section applies at the time of the activity; or\n </text>\n </paragraph>\n <paragraph id=\"HABD63B316BB14A88AC48D2A606705EE4\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n any authorized intelligence activity of the\n\t\t\t United States.\n </text>\n </paragraph>\n </section>\n <section id=\"H2EDF5721549B4F68A63BBD6BE9C92ADB\">\n <enum>\n 408.\n </enum>\n <header>\n Implementation;\n\t\t\t penalties\n </header>\n <subsection id=\"H943DE4F5E8FB4F04B3D065F865F724FA\">\n <enum>\n (a)\n </enum>\n <header>\n Implementation\n </header>\n <text display-inline=\"yes-display-inline\">\n The President may exercise all authorities\n\t\t\t provided under sections 203 and 205 of the International Emergency Economic\n\t\t\t Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act and the amendments\n\t\t\t made by this Act.\n </text>\n </subsection>\n <subsection id=\"H0A031497E1744FE7B056D807747136B9\">\n <enum>\n (b)\n </enum>\n <header>\n Penalties\n </header>\n <text display-inline=\"yes-display-inline\">\n The penalties provided for in subsections\n\t\t\t (b) and (c) of section 206 of the International Emergency Economic Powers Act\n\t\t\t (50 U.S.C.\n\t\t\t 1705) shall apply to a person that violates, attempts to\n\t\t\t violate, conspires to violate, or causes a violation of this Act or any\n\t\t\t amendment made by this Act or regulations prescribed under this Act to the same\n\t\t\t extent that such penalties apply to a person that commits an unlawful act\n\t\t\t described in section 206(a) of the International Emergency Economic Powers Act\n\t\t\t (50 U.S.C.\n\t\t\t 1705(a)).\n </text>\n </subsection>\n </section>\n <section id=\"HD6BDE9BBE3D54211863FD60351F62627\">\n <enum>\n 409.\n </enum>\n <header>\n Severability\n </header>\n <subsection id=\"H24D97ECBF3854BECA93C0B630458FE29\">\n <enum>\n (a)\n </enum>\n <header>\n In\n\t\t\t general\n </header>\n <text display-inline=\"yes-display-inline\">\n If any provision of\n\t\t\t this Act, or the application of such provision to any person or circumstance,\n\t\t\t is found to be unconstitutional, the remainder of this Act, or the application\n\t\t\t of that provision to other persons or circumstances, shall not be\n\t\t\t affected.\n </text>\n </subsection>\n <subsection id=\"H9EB1E97F0998465EAE0A858A3F194218\">\n <enum>\n (b)\n </enum>\n <header>\n Effective date\n\t\t\t under section 214\n </header>\n <text display-inline=\"yes-display-inline\">\n If\n\t\t\t subsection (d) of section 214 is found to be unconstitutional in accordance\n\t\t\t with subsection (a), the amendments made by such section 214 take effect on the\n\t\t\t date of the enactment of this Act and apply with respect to transactions\n\t\t\t entered into on or after such date of enactment.\n </text>\n </subsection>\n </section>\n \n \n \n \n \n Passed the House of\n\t\t\t Representatives July 31, 2013.\n \n \n Karen L. Haas,\n \n \n Clerk\n \n \n \n \n"},"tv_txt":{"kind":"string","value":"IIB 113th CONGRESS 1st Session H. R. 850 IN THE SENATE OF THE UNITED STATES August 1, 2013 Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs AN ACT To impose additional human rights and economic and financial sanctions with respect to Iran, and for other purposes.\n\n1. Short title and table of contents (a) Short title This Act may be cited as the Nuclear Iran Prevention Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and statement of policy. Title I—Human rights and terrorism sanctions Sec. 101. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran. Sec. 102. Prevention of diversion of certain goods, services and technologies to Iran. Sec. 103. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. Sec. 105. Sense of Congress on elections in Iran. Sec. 106. Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran. Title II—Economic and financial sanctions Subtitle A—Amendments to Iran Sanctions Act of 1996 Sec. 201. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium. Sec. 202. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities. Subtitle B—Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012 Sec. 211. Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran. Sec. 212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors. Sec. 213. Sense of Congress regarding the European Central Bank. Sec. 214. Imposition of sanctions with respect to certain transactions in foreign currencies. Sec. 215. Sanctions with respect to certain transactions with Iran. Subtitle C—Other matters Sec. 221. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions. Sec. 222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran. Sec. 223. Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran. Sec. 224. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals. Sec. 225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013. Sec. 226. Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran. Sec. 227. Conditions for entry and operation of vessels. Title III—Additional authorities to prevent censorship activities in Iran Sec. 301. Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting. Sec. 302. List of persons who are high-risk re-exporters of sensitive technologies. Sec. 303. Sense of Congress on provision of intercept technologies to Iran. Sec. 304. Sense of Congress on availability of consumer communication technologies in Iran. Sec. 305. Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate. Title IV—Reports and other matters Sec. 401. National Strategy on Iran. Sec. 402. Report on Iranian nuclear and economic capabilities. Sec. 403. Report on plausibility of expanding sanctions on Iranian oil. Sec. 404. GAO report on Iranian strategy to evade current sanctions and other matters. Sec. 405. Authority to consolidate reports required under Iran sanctions laws. Sec. 406. Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012. Sec. 407. Rule of construction. Sec. 408. Implementation; penalties. Sec. 409. Severability. 2. Findings and statement of policy (a) Findings Congress finds the following: (1) Iran’s acquisition of a nuclear weapons capability would— (A) embolden its already aggressive foreign policy, including its arming of terrorist organizations and other groups, its efforts to destabilize countries in the Middle East, and its efforts to target the United States, United States allies, and United States interests globally; (B) increase the risk that Iran would share its nuclear technology and expertise with extremist groups and rogue nations; (C) destabilize global energy markets, posing a direct and devastating threat to the American and global economy; and (D) likely lead other governments in the region to pursue their own nuclear weapons programs, increasing the prospect of nuclear proliferation throughout the region and effectively ending the viability of the global nonproliferation regime, including the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force on March 5, 1970. (2) A nuclear arms-capable Iran possessing intercontinental ballistic missiles, a development most experts expect could occur within a decade, would pose a direct nuclear threat to the United States. (b) Statement of policy It shall be the policy of the United States to prevent Iran from acquiring a nuclear weapons capability. I Human rights and terrorism sanctions 101. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran (a) In general Section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)) is amended— (1) in subparagraph (D), by striking or at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (F) facilitates a significant transaction or transactions or provides significant financial services for— (i) a person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or 105C(a); or (ii) a person that exports sensitive technology to Iran and is subject to the prohibition on procurement contracts as described in section 106. . (b) Effective date The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to any activity described in subparagraph (F) of section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (as added by subsection (a)(3) of this section) initiated on or after the date that is 90 days after such date of enactment. (c) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a). 102. Prevention of diversion of certain goods, services and technologies to Iran (a) Definitions Section 301(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8541(1) ) is amended by striking knows or has reason to know and inserting knows, has reason to know, or should have known . (b) Identification of countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran Section 302(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8542(b) ) is amended— (1) in paragraph (1), by striking or at the end; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) that are— (A) items described in the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions); (B) items on the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions; (C) items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; (D) items on the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or (E) items on the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions. . (c) Destinations of diversion concern Section 303(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8543(c)) is amended— (1) by striking Not later than and inserting the following: (1) In general Not later than ; and (2) by adding at the end the following new paragraph: (2) Additional measures (A) In general Except as provided in this section, the President may impose restrictions on United States foreign assistance or measures authorized under the International Emergency Economic Powers Act with respect to a country designated as a country of diversion concern if the President determines such restrictions or measures would prevent the transfer of United States-origin goods, services, and technology to Iran. (B) Exception The authority to impose sanctions under subparagraph (A) shall not include the authority to impose sanctions relating to the importation of goods. (C) Good defined In this paragraph, the term good has the meaning given that term in section 16 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2415 ) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). . (d) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to countries identified in any update to the report that is required under section 302(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and submitted to Congress on or after such date of enactment. 103. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Subtitle A of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741 et seq.) is amended— (1) by redesignating section 304 as section 305; and (2) by inserting after section 303 the following new section: 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Not later than 30 days after the date of the enactment of this section, the Secretary of State shall determine if Iran’s Revolutionary Guard Corps meets the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (b) Affirmative determination If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps meets the criteria set forth under such section 219, the Secretary shall designate Iran’s Revolutionary Guard Corps as a foreign terrorist organization under such section 219. (c) Negative determination (1) In general If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps does not meet the criteria set forth under such section 219, the Secretary shall submit to the committees of Congress specified in subsection (e) a report that contains a detailed justification as to which criteria have not been met. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (d) Applicability of sanctions to Quds Force The sanctions applied to any entity designated as a foreign terrorist organization as set forth in such section 219 shall be applied to the Iran’s Revolutionary Guard Corps Quds Force. (e) Committees of Congress specified The committees of Congress specified in this subsection are the following: (1) The Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives. (2) The Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate. . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 304 and inserting the following: Sec. 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 305. Rule of construction. . 104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran (a) Finding and sense of Congress Section 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251) is amended to read as follows: (a) Finding and sense of Congress (1) Finding Congress finds that Iranian persons holding the following positions in the Government of Iran are ultimately responsible for and have and continue to knowingly order, control, direct and implement gross violations of the human rights of the Iranian people, the human rights of persons in other countries, censorship, and the diversion of food, medicine, medical devices, agricultural commodities and other goods intended for the Iranian people: (A) The Supreme Leader of Iran. (B) The President of Iran. (C) Members of the Council of Guardians. (D) Members of the Expediency Council. (E) The Minister of Intelligence and Security. (F) The Commander of the Iran’s Revolutionary Guard Corps. (G) The Commander of the Basij-e-Mostaz’afin. (H) The Commander of Ansar-e-Hezbollah. (I) The Commander of the Quds Force. (J) The Commander in Chief of the Police Force. (K) Senior officials or key employees of an organization described in any of subparagraphs (C) through (J) or in the Atomic Energy Organization of Iran, the Islamic Consultative Assembly of Iran, the Council of Ministers of Iran, the Assembly of Experts of Iran, the Ministry of Defense and Armed Forces Logistics of Iran, the Ministry of Justice of Iran, the Ministry of Interior of Iran, the prison system of Iran, or the judicial system of Iran. (2) Sense of Congress It is the sense of Congress that— (A) the President should include any Iranian person holding a position in the Government of Iran described in paragraph (1) on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8514(b), 8514a(b), 8514b(b), or 8514c(b)); and (B) the President should impose sanctions on such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (b) Additional finding and sense of Congress Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Additional finding and sense of Congress (1) Finding Congress finds that other senior officials of the Government of Iran, its agencies and instrumentalities, also have and continue to knowingly order, control, direct, and implement gross violations of the human rights of the Iranian people and the human rights of persons in other countries. (2) Sense of Congress It is the sense of Congress that— (A) the President should investigate violations of human rights described in paragraph (1) to identify other senior officials of the Government of Iran that also have or continue to knowingly order, control, direct, and implement gross violations of human rights of the Iranian people and the human rights of persons in other countries; (B) the President should include any such official on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8514(b) , 8514a(b), 8514b(b), or 8514c(b)); and (C) the President should impose sanctions on any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (c) Report Section 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251) (as redesignated by subsection (b) of this section) is amended— (1) by striking Not later than and inserting the following: (A) In general Not later than ; (2) by striking this Act and inserting the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years ; (3) by striking otherwise directing the commission of and inserting otherwise directing— (i) the commission of ; (4) by striking Iran. and inserting Iran; (ii) censorship or related activities with respect to Iran; or (iii) the diversion of goods, food, medicine, medical devices, and agricultural commodities, intended for the people of Iran. ; (5) by striking For any such person and inserting the following: (B) Requirement relating to persons not included For any such person ; and (6) by adding at the end the following new subparagraph: (C) Requirement relating to financial net worth For each such person described in subparagraph (A) and each such person described in subparagraph (B), the Secretary of State shall include in the report a description of the estimated net worth of the person. . (d) Additional report Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251), as amended by this section, is further amended by adding at the end the following new subsection: (d) Additional report (1) In general Not later than 180 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years, the Secretary of State shall submit to the appropriate congressional committees a detailed report with respect to whether each person described in subsection (a) or any family member of such person has facilitated deceptive transactions for or on behalf of any person subject to United States sanctions concerning Iran in violation of Executive Order 13608 of May 1, 2012 (77 Fed. Reg. 26409; 50 U.S.C. 1701 note) or any other provision of law. (2) Family member defined In this subsection, the term family member includes, with respect to a person, any relative of such person to the third degree of consanguinity. . (e) Conforming amendment The heading for section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251) is amended by striking committed against and all that follows and inserting , engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. . (f) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 401 and inserting the following: Sec. 401. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. . 105. Sense of Congress on elections in Iran (a) Findings Congress makes the following findings: (1) The Iranian people are systematically denied free, fair, and credible elections by the Government of the Islamic Republic of Iran. (2) The unelected and unaccountable Guardian Council disqualifies hundreds of qualified candidates, including women and most religious minorities, while the regime intimidates others into staying out of elections completely. (3) Voting inconsistencies, including an absence of international observers, and fraud are commonplace. (4) The 2009 presidential elections proved that the regime will engage in large scale vote-rigging to ensure a specific result. (5) The Iranian regime combines electoral manipulation with the ruthless suppression of dissent. Following the 2009 elections, peaceful demonstrators were met with violence by the regime’s security apparatus, including arbitrary detentions, beatings, kidnappings, rapes, and murders. (6) The electoral manipulation and human rights violations are in violation of the Government of Iran’s agreed to obligations under the United Nations International Covenant on Civil and Political Rights. (b) Sense of Congress It is the sense of the Congress that— (1) the Iranian people are deprived by their government of free, fair, and credible elections; (2) the United States should support freedom, human rights, civil liberties, and the rule of law in Iran, and elections that are free and fair, meet international standards, and allow independent international and domestic electoral observers unrestricted access to polling and counting stations; and (3) the United States should support the people of Iran in their peaceful calls for a representative and responsive democratic government that respects human rights, civil liberties, and the rule of law. 106. Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran It is the sense of Congress that the Secretary of State should designate a Special Coordinator position in the Bureau of Near Eastern Affairs whose primary function is to facilitate cooperation across departments for the purpose of advancing human rights and political participation for women in Iran, as well as to prepare evidence and information to be used in identifying Iranian officials for designation as human rights violators for their involvement in violating the human rights of women in Iran. II Economic and financial sanctions A Amendments to Iran Sanctions Act of 1996 201. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium (a) In general Section 5(b) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) is amended by adding at the end the following new paragraph: (3) Transfer to Iran of goods, services, or technology that can be used for mining or milling of uranium Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly transferred, on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013, to Iran goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium. . (b) Conforming amendments Section 5 of such Act is amended in subsection (b)(3), (c), and (f) by striking paragraph (1) or (2) each place it appears and inserting paragraph (1), (2), or (3) . 202. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities Section 9(c)(1) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) is amended— (1) by striking subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (B); and (3) in subparagraph (B) (as redesignated by paragraph (2) of this section)— (A) by striking or (B) each place it appears; and (B) by striking , as applicable . B Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012 211. Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran (a) Application to owners and subsidiaries Subsection (a) of section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111–195; 22 U.S.C. 8515) is amended— (1) by striking goods or services with a person and inserting the following: goods or services— (1) with a person ; (2) in paragraph (1), as added by paragraph (1) of this subsection, by striking the period at the end and inserting and inserting ; or ; and (3) by adding at the end the following new paragraph: (2) with respect to a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1). . (b) Sensitive technology defined Subsection (c)(1) of such section is amended by striking is to be used specifically and inserting has been designed or specifically modified . (c) Presidential determination and imposition of additional sanctions Such section, as so amended, is further amended by adding at the end the following new subsection: (e) Presidential determination and imposition of additional sanctions The President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) with respect to— (1) a person if the President determines that the person knowingly exports sensitive technology to Iran; or (2) a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1). . (d) Conforming amendment The heading of such section is amended by inserting and imposition of sanctions against after with . (e) Clerical amendment The table of contents for the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended by striking the item relating to section 106 and inserting the following: Sec. 106. Prohibition on procurement contracts with and imposition of sanctions against persons that export sensitive technology to Iran. . (f) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to exports of sensitive technology to Iran that occur on or after such date of enactment. 212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors (a) In general Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8532 ) is amended by striking subsections (a), (b), and (c) and inserting the following: (a) Sense of congress It is the sense of Congress that the United States should respect the decision of any State or local government to divest from or prohibit the investment of assets of the State or local government in a person described in subsection (c) or to impose disclosure and transparency requirements on any person subject to the jurisdiction of such government, except with respect to an activity that is exempt, licensed, or otherwise authorized by a Federal department or agency. (b) Authority Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d)— (1) to divest the assets of the State or local government from a person described in subsection (c); (2) to prohibit investment of the assets of the State or local government in any such person; or (3) to impose disclosure and transparency requirements on any person subject to the jurisdiction of such government, except with respect to an activity that is exempt, licensed, or otherwise authorized by a Federal department or agency. (c) Persons described A person described in this subsection is a person with respect to which sanctions have been, and continue to be, imposed pursuant to— (1) section 104(c) of this Act; (2) section 5 of the Iran Sanctions Act of 1996 ( 50 U.S.C. 1701 note); (3) section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)); or (4) sections 1244, 1245, 1246 or 1247 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 8803, 8804, 8805, or 8806). . (b) Conforming amendments Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8532 ) is amended— (1) in subsection (d)(4), by striking engages in investment activities in Iran described in subsection (c) and inserting is a person described in subsection (c) ; (2) in subsection (f), by striking or (i) and inserting or (g) ; (3) by striking subsection (h) and by redesignating subsections (i) and (j) as subsections (h) and (i), respectively; and (4) in paragraph (1) of subsection (i) (as redesignated by paragraph (3) of this subsection), by striking (determined without regard to subsection (c)) . (c) Effective date The amendments made by this section apply to measures adopted by State and local governments on or after the date of the enactment of this Act. 213. Sense of Congress regarding the European Central Bank (a) Findings Congress finds the following: (1) The Government of Iran, its agencies and instrumentalities, continue to have access to, and utilize, euro-denominated transactions, including for goods and services that are subject to sanctions imposed by the United States, the European Union and its member states and by the United Nations. (2) The Guidelines of the European Central Bank (Article 39(1)) states that: Participants shall be deemed to be aware of, and shall comply with, all obligations on them relating to legislation on data protection, prevention of money laundering and the financing of terrorism, proliferation-sensitive nuclear activities and the development of nuclear weapons delivery systems, in particular in terms of implementing appropriate measures concerning any payments debited or credited on their PM accounts. (3) United States and European convergence with respect to United States sanctions efforts toward the Government of Iran is a vital component of United States policy aimed at preventing the Government of Iran from acquiring a nuclear weapons capability. (b) Sense of Congress It is the sense of Congress that the President should continue to closely coordinate and cooperate with the European Union and its member states to restrict access to and use of the euro currency by the Government of Iran, its agencies and instrumentalities, for transactions with the exception of food, medicine, medical devices, and agricultural commodities. 214. Imposition of sanctions with respect to certain transactions in foreign currencies (a) Imposition of sanctions Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 et seq. ) is amended by inserting after section 220 the following: 220A. Imposition of sanctions with respect to certain transactions in foreign currencies (a) In general Except as provided in this section, the President— (1) shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that is a person described in subsection (c); and (2) may impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to any other person described in subsection (c). (b) Exception The authority to impose sanctions under subsection (a)(2) shall not include the authority to impose sanctions relating to the importation of goods. (c) Person described A person described in this subsection is a person the President determines has— (1) knowingly conducted or facilitated a significant transaction involving the currency of a country other than the country in which the person is operating at the time of the transaction with, for, or on behalf of— (A) the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); or (B) a person described in section 1244(c)(2) of the Iran Freedom and Counter-Proliferation Act (22 U.S.C. 8803(c)(2)) (other than a person described in subparagraph (C)(iii) of that section); or (2) knowingly conducted or facilitated a significant transaction by another person involving the currency of a country other than the country in which that other person is operating at the time of the transaction, with, for, or on behalf of a person described in subparagraph (A) or (B) of paragraph (1). (d) Waiver (1) In general The President may waive the application of subsection (a) with respect to a person for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, if the President— (A) determines that the waiver is vital to the national security of the United States; and (B) not less than 7 days before the waiver or the renewal of the waiver, as the case may be, takes effect, submits a report to the appropriate congressional committees on the waiver and the reason for the waiver. (2) Form of report Each report submitted under paragraph (1)(B) shall be submitted in unclassified form but may include a classified annex. (e) Rule of construction Nothing in this section shall be construed to prohibit any person from, or authorize or require the imposition of sanctions with respect to any person for, conducting or facilitating any transaction in the currency of the country in which the person is operating at the time of the transaction for the sale of agricultural commodities, food, medicine, or medical devices. (f) Definitions In this section: (1) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Agricultural commodity The term agricultural commodity has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). (3) Foreign financial institution The term foreign financial institution has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (4) Good The term good has the meaning given that term in section 16 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2415 ) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). (5) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513b(d)). (6) Medical device The term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (7) Medicine The term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (8) Transaction The term transaction includes a foreign exchange swap, a foreign exchange forward, and any other type of similar currency exchange or conversion or similar derivative instrument. . (b) Conforming amendments (1) Implementation Section 601(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8781(a)(1)) is amended by inserting 220A, after 220, . (2) Penalties Section 601(b)(2)(A) of such Act ( 22 U.S.C. 8781(b)(2)(A) ) is amended by striking and 220, and inserting 220, and 220A, . (3) Termination Section 605(a) of such Act ( 22 U.S.C. 8785(a) ) is amended by inserting 220A, after 220, . (c) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 220 the following: Sec. 220A. Imposition of sanctions with respect to certain transactions in foreign currencies. . (d) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after May 22, 2013. 215. Sanctions with respect to certain transactions with Iran (a) In general Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8721 et seq.) is amended by adding at the end the following new section: 225. Sanctions with respect to certain transactions with Iran (a) Authorization of sanctions (1) In general Except as provided in this section, the President may impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) on a foreign person that the President determines has, on or after the date that is 60 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly conducted or facilitated a significant financial transaction with the Central Bank of Iran or other Iranian financial institution that has been designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act, for— (A) the purchase of goods or services by a person in Iran or on behalf of a person in Iran; or (B) the purchase of goods or services from a person in Iran or on behalf of a person in Iran. (2) Exception (A) In general The authority to impose sanctions under paragraph (1) shall not include the authority to impose sanctions relating to the importation of goods. (B) Good In this paragraph, the term good has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )). (3) Rule of construction Nothing in this section shall be construed to affect the imposition of sanctions with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran under section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648). (b) Exception for overall reductions of exports to and imports from Iran (1) In general The President is authorized not to impose sanctions under subsection (a) on a foreign person if the President determines and submits to the appropriate congressional committees a report that contains a determination of the President that the country with primary jurisdiction over the foreign person has, during the time period described in paragraph (2), significantly reduced the value and volume of imports and exports of goods (other than petroleum or petroleum products) and services between such country and Iran. (2) Time period described The time period referred to in paragraph (1) is the 60-day period ending on the date on which the President makes the determination under paragraph (1) as compared to the immediately preceding 60-day period. (c) Exception for sales of agricultural commodities, food, medicine and medical devices The President may not impose sanctions under subsection (a) on a foreign person with respect to a transaction for the sale of agricultural commodities, food, medicine or medical devices to Iran. (d) Definitions In this section: (1) Foreign person The term foreign person has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note). (2) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513b(d)). . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 224 the following: Sec. 225. Sanctions with respect to certain transactions with Iran. . C Other matters 221. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions (a) Exception to applicability of sanctions with respect to petroleum transactions Section 1245(d)(4)(D)(i)(I) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648; 22 U.S.C. 8513a(d)(4)(D)(i)(I)) is amended— (1) by striking reduced reduced and inserting reduced ; (2) by inserting value and before volume ; (3) by inserting or of Iranian origin after from Iran ; and (4) by adding at the end before the semicolon the following: , and the President certifies in writing to Congress that the President has based such determination on accurate information on that country’s total purchases of crude oil from Iran or of Iranian origin . (b) Financial transactions described Section 1245(d)(4)(D)(ii)(II) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1648) is amended— (1) by striking (II) and inserting (II)(aa) ; (2) in item (aa) (as designated by paragraph (1) of this subsection), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new item: (bb) the foreign financial institution holding the account described in item (aa) does not knowingly facilitate any significant financial transfers for, with, or on behalf of the Government of Iran, unless the transaction is excepted from sanctions under paragraph (2) or is a transaction described in subclause (I) and item (aa). . (c) Strategy to reduce crude oil purchases from Iran or of Iranian origin (1) Statement of policy It is the policy of the United States to seek to ensure that countries that have received an exception under subparagraph (D)(i)(I) of section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1648) shall reduce their crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subparagraph (E)(ii) of such section (as added by paragraph (2) of this subsection). (2) Amendment Section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1648) is amended by adding at the end the following new subparagraph: (E) Strategy to reduce crude oil purchases from Iran or of Iranian origin (i) In general Not later than 30 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, the President shall make a determination, based on the information contained in the most recent report required under subparagraph (A), of whether each country that received an exception under subparagraph (D)(i)(I) before such date of enactment is able to reduce its crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in clause (ii). If the President makes an initial determination under this clause that the requirements of this clause cannot be met, then the President shall continue to make a determination under this clause every 90 days thereafter as to whether or not the requirements of this clause can be met. (ii) Strategy If the President determines that the requirements of clause (i) can be met, then not later than 60 days after the date of such affirmative determination, the President shall develop and submit to the appropriate congressional committees a strategy to seek to ensure that the requirements of clause (i) are met by the end of the 1-year period beginning on such date of submission. (iii) Future exceptions (I) Affirmative determination If the President determines that the strategy described in clause (ii) was achieved, then each country described in clause (i) shall be eligible to receive one or more further exceptions under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph. (II) Negative determination Except as provided in subclause (III), if the President determines that the strategy described in clause (ii) was not achieved, then each country described in clause (i) shall be ineligible to receive any further exception under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph. (III) Exception (aa) In general Subclause (II) shall not apply with respect to a country described in clause (i) if the country— (AA) dramatically reduced its crude oil purchases from Iran or of Iranian origin during the 1-year period described in clause (ii); and (BB) has committed itself to continue to reduce its crude oil purchases from Iran or of Iranian origin to a de minimis level. (bb) Data The President shall submit to the appropriate congressional committees all data used to make a determination under item (aa) not later than 15 days before issuing an exception under item (aa). (iv) Appropriate congressional committees In this subparagraph, the term appropriate congressional committees means— (I) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (II) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. . (d) Definition of crude oil Section 1245(d)(4)(D) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d)(4)(D) ) is amended by adding at the end the following new clause: (iii) Crude oil In this subparagraph, the term crude oil includes unfinished oils, liquefied petroleum gases, distillate fuel oil, and residual fuel oil. . (e) Waiver Section 1245(d)(5)(A) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(5)(A)) is amended by striking in the national and inserting vital to the national . (f) Definitions of significant reduction Section 1245(h)(3) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(h)(3)) is amended— (1) by striking price or volume and inserting price and volume ; and (2) by adding at the end before the period the following: and at least a pro rata amount totaling, in the aggregate, not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subsection (d)(4)(E)(ii) . (g) Effective date The amendments made by this section take effect beginning on the date that is 180 days after the date of the enactment of this Act. 222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran (a) Findings Subsection (a)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8803 ) is amended by striking and shipbuilding and inserting shipbuilding, automotive, construction, engineering, or mining . (b) Designation of ports, special economic zones, free economic zones, and entities in strategic sectors as entities of proliferation concern Subsection (b) of such section is amended— (1) in the subsection heading, by striking and entities in the energy, shipping, and shipbuilding sectors and inserting , special economic zones, free economic zones, and entities in strategic sectors ; and (2) by striking and entities in the energy, shipping, and shipbuilding sectors and inserting , entities that operate special economic zones or free economic zones, and entities in strategic sectors (as defined in subsection (c)(4)) . (c) Blocking of property of ports, special economic zones, free economic zones, and entities in strategic sectors Subsection (c) of such section is amended— (1) in the subsection heading, by striking entities in energy, shipping, and shipbuilding sectors and inserting ports, special economic zones, free economic zones, and entities in strategic sectors ; (2) in paragraph (2)— (A) by striking the energy, shipping, or shipbuilding sectors each place it appears and inserting a strategic sector (as defined in paragraph (4)(A)) ; and (B) by inserting , special economic zone, or free economic zone after port each place it appears; and (3) by adding at the end the following new paragraphs: (4) Strategic sector defined In this section, the term strategic sector means— (A) the energy, shipping, shipbuilding, automotive, or mining sector of Iran; and (B) the construction or engineering sector of Iran if the President determines and reports to Congress not later than 45 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013 that the construction or engineering sector of Iran, as the case may be, is of strategic importance to Iran. (5) Notification and report relating to strategic sectors (A) Notification The President shall submit to Congress a notification of the designation of a sector as a strategic sector of Iran for purposes of paragraph (4)(C) not later than 30 days after the date on which the President makes such designation. (B) Report Not later than 90 days after the date on which the President submits to Congress a notification of the designation of a sector as a strategic sector of Iran under subparagraph (A), the Comptroller General of the United States shall submit to Congress a report that contains— (i) a review and comment on such designation; and (ii) recommendations regarding the designation of additional sectors as strategic sectors of Iran for purposes of paragraph (4). . (d) Additional sanctions with respect to strategic sectors Subsection (d) of such section is amended— (1) in the subsection heading, by striking the energy, shipping, and shipbuilding sectors and inserting strategic sectors ; and (2) in paragraph (3), by striking the energy, shipping, or shipbuilding sectors and inserting a strategic sector (as defined in subsection (c)(4)(A)) . (e) Exception for Afghanistan reconstruction Subsection (f) of such section is amended— (1) in the matter preceding paragraph (1), by inserting for a period of not more than 1 year, and may renew that exception for additional periods of not more than 1 year after economic development for Afghanistan ; (2) in paragraph (1)— (A) by striking to the extent that and inserting if ; (B) by inserting or the renewal of the exception, as the case may be, after such an exception ; and (C) by striking in the national interest and inserting in the national security interest ; and (3) in paragraph (2)— (A) by inserting or the renewal of the exception, as the case may be, before not later than 15 days ; and (B) by inserting at the end before the period the following: or the renewal of the exception . (f) Conforming amendment Such section is further amended in the section heading by striking the energy, shipping, and shipbuilding sectors and inserting ports, special economic zones, free economic zones, and strategic sectors . (g) Effective date The amendments made by this section— (1) take effect on the date that is 90 days after the date of the enactment of this Act; and (2) (A) with respect to subsection (c) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, as so amended, apply with respect to all transactions in all property and interests in property of any person described in subsection (c)(2) of such section that occur on or after the date that is 180 days after such date of enactment; and (B) (i) with respect to subsection (d)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment; and (ii) with respect to subsection (d)(2) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the conduct or facilitation of a significant financial transaction for the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment. 223. Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran Section 1245 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8804 ) is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: (h) Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran (1) In general Not later than 90 days after the date of the enactment of Nuclear Iran Prevention Act of 2013, and every 90 days thereafter, the President shall submit to the appropriate congressional committees a report on each determination of the President during the preceding 90-day period not to impose sanctions under subsection (a) or (c) with respect to a person who allegedly sells, supplies, or transfers precious metals, directly or indirectly, to or from Iran, together with the reasons for such determination. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary. . 224. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals Section 1247 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 8806) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: (f) Persons owned or controlled by specially designated nationals (1) In general The President shall impose sanctions described in subsection (a) with respect to a foreign financial institution, including but not limited to a foreign central bank, that the President determines has, on or after the date that is 90 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly facilitated a significant financial transaction on behalf of any person determined by the President to be directly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)). (2) Sense of Congress It is the sense of Congress that the President routinely should determine on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013 those persons that are directly or indirectly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)). (3) Consideration of data from other countries and nongovernmental organizations The President shall consider credible data already obtained by other countries and nongovernmental organizations in making determinations described in paragraph (1). . 225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013 Subtitle D of title XII of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 8801 et seq.) is amended— (1) in section 1244— (A) in subsection (c)(1)— (i) by striking (1) Blocking of property .— and all that follows through On and after and inserting (1) Blocking of property .—On and after ; and (ii) by striking subparagraph (B); and (B) in subsection (d)(1)— (i) by striking (1) Sale, supply, or transfer of certain goods and services .— and all that follows through Except as provided and inserting (1) Sale, supply, or transfer of certain goods and services .—Except as provided ; and (ii) by striking subparagraph (B); (2) in section 1245(a)— (A) by striking (a) sale, supply, or transfer of certain materials .— and all that follows through The President and inserting (a) sale, supply, or transfer of certain materials .—The President ; (B) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); (C) in paragraph (3)(B) (as redesignated by subparagraph (B) of this paragraph)— (i) in clause (i), by striking subclause (I) of clause (i) and inserting clause (i) of subparagraph (A) ; (ii) in clause (ii), by striking subclause (II) of that clause and inserting clause (ii) of that subparagraph ; and (iii) in clause (iii), by striking subclause (III) of that clause and inserting clause (iii) of that subparagraph ; and (D) by striking (2) exception .— and all that follows through paragraph (1). ; and (3) in section 1246(a)— (A) by striking (a) imposition of sanctions .— and all that follows through Except as provided and inserting (a) imposition of sanctions .—Except as provided ; (B) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); and (C) by striking (2) exception .— and all that follows through paragraph (1). ; and 226. Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran (a) Modification of federal acquisition regulation Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person under common ownership or control with the person, does not sell goods, services, or technology to, or conduct any other transaction with, Iran for which sanctions may be imposed under this Act. (b) Remedies (1) In general If the head of an executive agency determines that a person has submitted a false certification under subsection (a) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this section becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations. (2) Inclusion on list of parties excluded from federal procurement and nonprocurement programs The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under paragraph (1). (c) Rule of construction This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (a). (d) Waivers (1) In general The President may on a case-by-case basis waive the requirement that a person make a certification under subsection (a) if the President determines and certifies in writing to the congressional committees described in paragraph (2) that it is essential to the national security interests of the United States to do so. (2) Congressional committees described The congressional committees referred to in paragraph (1) are— (A) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Oversight and Government Reform of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate. (e) Definitions In this section: (1) Executive agency The term executive agency has the meaning given that term in section 133 of title 41, United States Code. (2) Federal Acquisition Regulation The term Federal Acquisition Regulation means the regulation issued pursuant to section 1303(a)(1) of title 41, United States Code. (f) Applicability The revisions to the Federal Acquisition Regulation required under subsection (a) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of this Act. 227. Conditions for entry and operation of vessels (a) In general The Ports and Waters Safety Act ( 33 U.S.C. 1221 et seq. ) is amended by adding at the end the following: 16. Prohibition on entry and operation (a) Prohibition (1) In general No foreign vessel described in subsection (b) shall enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States. (2) Limitation on Application Paragraph (1) shall not apply with respect to a vessel described in subsection (b)(2) on and after any date on which the Secretary of State determines that the vessel is no longer registered as described in that subsection. The Secretary of State shall publish a notice of each such determination in the Federal Register. (b) Vessels described A vessel referred to in subsection (a) is a foreign vessel for which a Notice of Arrival is required to be filed under section 160 of title 33, Code of Federal Regulations, as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013, and that— (1) is on a list of vessels published in Federal Register under subsection (c)(2); or (2) more than 180 days after the publication of such a list, is registered, pursuant to the Geneva Convention on the High Seas (13 U.S.T. 2312; TIAS 5200; 450 UNTS 82), by a government the agents or instrumentalities of which are maintaining a registration of a vessel that is included in such list. (c) Information and publication The Secretary of Transportation, in consultation with the Secretary of State, shall— (1) maintain timely information on registrations of all foreign vessels over 300 gross tons that are— (A) owned or operated by or on behalf of— (i) the National Iran Tanker Company or the Islamic Republic of Iran Shipping Line; or (ii) any successor to an entity referred to in clause (i); or (B) otherwise owned or operated by or on behalf of Iran; and (2) publish in the Federal Register a list of vessels described in paragraph (1), including periodic updates of such list. (d) Notification of governments The Secretary of State shall notify each government the agents or instrumentalities of which are maintaining a registration of a foreign vessel that is included on the list published under subsection (c)(2), that all vessels registered under such government’s authority are subject to the prohibition under subsection (a) if more than 180 days after such publication the government continues to maintain a registration for a vessel that is included on the list published under subsection (c)(2). (e) Notification of vessels Upon receiving a Notice of Arrival under section 160 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013) from a vessel described in (b), the Secretary shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States, unless— (1) the Secretary has made a determination described in subsection (a)(2); or (2) the Secretary allows provisional entry of the vessel, or transfer of cargo from the vessel, under subsection (f). (f) Provisional entry or cargo transfer Notwithstanding subsection (e), the Secretary may allow provisional entry of, or transfer of cargo from, a foreign vessel described in subsection (b), if such entry or transfer is necessary for the safety of the vessel or persons aboard. (g) Right of innocent passage This section shall not be construed as authority to restrict the right of innocent passage as recognized under international law. (h) Foreign vessel defined In this section the term foreign vessel has the meaning given that term in section 110 of title 46, United States Code. . (b) Deadline for publication The Secretary shall publish a list under section 16(c)(2) of the Ports and Waterways Safety Act, as amended by this section, by not later than 180 days after the date of the enactment of this Act. (c) Conforming Amendments (1) Section 13(e) of the Ports and Waterways Safety Act ( 33 U.S.C. 1232(e) ) is amended by striking section 9 and inserting sections 9 and 16 . (2) Section 4(b)(2) of the Ports and Waterways Safety Act ( 33 U.S.C. 1223(b)(2) ) is amended by striking section 9 and inserting section 9 or 16 . III Additional authorities to prevent censorship activities in Iran 301. Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the following: (1) The current status of availability of the Islamic Republic of Iran Broadcasting (IRIB) on international satellites, entities that facilitate its operation by providing services or equipment, and the technical means that it engages in jamming. (2) The instances, since January 1, 2012, in which the IRIB engaged in activities that violated Article 19 of the International Covenant on Civil and Political Rights, including broadcasting forced confessions and hate speech against minorities. (3) The instances, since January 1, 2012, in which international broadcasting programs originating from the United States and Europe have been subject to disruption in Iran, with relevant details such as which programs were disrupted, available location information on the origin of the disruption, and the extent of the disruption. (b) Coordination In developing the report required by subsection (a), the Secretary of State shall coordinate with the Broadcasting Board of Governors, the Secretary of the Treasury, and the heads of other relevant Federal departments and agencies. (c) Public availability All unclassified portions of the report required by subsection (a) shall be made publicly available on the Internet web site of the Department of State. 302. List of persons who are high-risk re-exporters of sensitive technologies (a) In general Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Commerce, in conjunction with the Secretary of State and the Secretary of the Treasury, shall make publicly available and update as appropriate a list of persons who are high-risk re-exporters of sensitive technologies in order to seek to ensure that the Government of Iran or an entity owned or controlled by that Government is unable to obtain sensitive technologies through the re-export of such sensitive technologies by third-party intermediaries. (b) Definition In this section, the term sensitive technology has the meaning given that term in section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8515). 303. Sense of Congress on provision of intercept technologies to Iran It is the sense of Congress that— (1) those that provide intercept technologies that limit freedom of speech or expression to the Government of Iran should be held accountable for the repression of the Iranian people; and (2) no person should use an existing contract with the Government of Iran as a justification to continue to supply intercept technologies to the Government of Iran for purposes of restricting the free flow of information. 304. Sense of Congress on availability of consumer communication technologies in Iran It is the sense of Congress that— (1) the Department of State should encourage the free flow of information in Iran to counter the Government of Iran’s repression of its own people; and (2) in order to facilitate the free flow of information in Iran, the Department of State should promote the availability of certain consumer communication technologies to Iranian civil society and the Iranian people. 305. Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate (a) In general Section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8753 ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: (e) Rule of construction The expedited process for the consideration of complete requests for authorization to engage in the activities described in subsection (a) shall be construed to also apply to the transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate, obtain information, and access the Internet and other communications systems. . (b) Effective date The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to requests described in section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012, as so amended, that are submitted to the Office of Foreign Assets Control on or after such date of enactment. IV Reports and other matters 401. National Strategy on Iran (a) National strategy required The President shall develop a strategy, to be known as the National Strategy on Iran , that provides strategic guidance for activities that support the objective of addressing the threats posed by Iran. (b) Annual report Not later than 180 days after the date of the enactment of this Act or January 30, 2014, whichever occurs first, and every January 30 thereafter, the President shall submit to the appropriate congressional committees the National Strategy on Iran required under subsection (a). (c) Matters To be included The report required under subsection (b) shall include, at a minimum, the following: (1) A description of Iran’s grand strategy and security strategy, including strategic objectives, and the security posture and objectives of Iran. (2) A description of the United States strategy to— (A) address and counter the capabilities of Iran’s conventional forces and Iran’s unconventional forces; (B) disrupt and deny Iranian efforts to develop or augment capabilities related to nuclear, unconventional, and missile forces development; (C) address the Government of Iran’s economic strategy to enable the objectives described in this subsection; (D) exploit key vulnerabilities; and (E) combat Iranian efforts to suppress Internet freedom, including actions of the United States to— (i) work to promote expanded Internet access for democracy activists in Iran; (ii) add a public diplomacy page to the United States’ virtual embassy in Iran; and (iii) leverage multilateral organizations committed to Internet connectivity in Iran. (3) An implementation plan for the United States strategy described in paragraph (2). (d) Form The report required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (e) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select Committee on Intelligence of the Senate. 402. Report on Iranian nuclear and economic capabilities (a) In general Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the following: (1) An estimate of the timeline for Iranian capabilities to develop nuclear weapons, including— (A) an estimate of the period of time it would take Iran to produce enough weapons-grade uranium for a single implosion-type nuclear weapon, taking into account all known relevant technical data; (B) an estimate of the period of time it would take Iran to produce sufficient separated plutonium for a single nuclear weapon; (C) a description of the assumptions underlying the estimates referred to in subparagraphs (A) and (B), and any information about developments that might alter or otherwise affect those assumptions; (D) an estimate of the date by which the periods of time referred to in subparagraphs (A) and (B) will be less than 45 days; and (E) a description of any efforts by the United States to increase the frequency of inspections by the International Atomic Energy Agency of nuclear facilities in Iran. (2) An assessment of Iranian strategy and capabilities relating to development of nuclear weapons, including— (A) a summary and analysis of current nuclear weapons capabilities; (B) an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran to develop its nuclear weapons capabilities; (C) a summary of the capabilities of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces; (D) a detailed analysis of the effectiveness of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces as delivery systems for a nuclear device; (E) a description of all efforts of Iran to design and develop a nuclear weapon, including efforts to design or fit warheads, and any other possible military dimensions of the nuclear program of Iran; and (F) an analysis of the procurement network, including the amount and sources of funding expended by Iran on programs to develop a nuclear weapons capability. (3) Projected economic effects of international sanctions on Iran, including— (A) an estimate of the capital accounts, current accounts, and amounts of foreign exchange reserves (including access to foreign exchange reserves) of the Government of Iran, and other leading indicators of the status of the economy of Iran; (B) an estimate of timelines with respect to macroeconomic viability of Iran, including the time by which the Government of Iran will exhaust its foreign exchange reserves; (C) an estimate of the date by which the reserves of the Central Bank of Iran will be insufficient for the Government of Iran to avoid a severe balance of payments crisis that prevents it from maintaining a functioning economy, including— (i) the inflation rate, exchange rates, unemployment rate, and budget deficits in Iran; and (ii) other leading macroeconomic indicators used by the International Monetary Fund, professional rating agencies, and other credible sources to assess the economic health of a country; (D) a description of the assumptions underlying the estimate referred to in paragraph (3) and an indication of how changes in each of those assumptions could affect the estimate; (E) an assessment of the effect of sanctions imposed with respect to Iran on moving forward the date referred to in subparagraph (C); and (F) a description of actions taken by the Government of Iran to delay the date referred to in subparagraph (C). (b) Update The President shall submit to the appropriate congressional committees an update of the report required by subsection (a) every 60 days after the date of submission of the report that includes any pertinent developments to Iranian nuclear or economic capabilities. (c) Form The report required under subsection (a) and the update required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate. (2) Nuclear explosive device The term nuclear explosive device means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). 403. Report on plausibility of expanding sanctions on Iranian oil (a) In general Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report assessing the following: (1) Whether petroleum and petroleum products originating in and exported from Iran are refined and sold outside of Iran. (2) Whether products that contain Iranian-origin petroleum or petroleum products as part of their contents are imported into the United States and, if any such products are imported into the United States, whether such importation violates the ban on importation into the United States of Iranian-origin petroleum or petroleum products. (3) Whether it is feasible to ban the importation into the United States of products described in paragraph (2), regardless of whether the ban on importation into the United States of Iranian-origin petroleum or petroleum products applies to such products. (b) Basis of report The report required under subsection (a) may be based on publicly-available information and classified information. The information that is not classified information shall be made publically available. (c) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate. 404. GAO report on Iranian strategy to evade current sanctions and other matters Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (1) evaluates the strategy of the Government of Iran to evade current economic and financial sanctions; and (2) specifically evaluates the ability of Iran to successfully diversify its economy beyond its energy sector, thereby lessening the impact and effectiveness of economic and financial sanctions. 405. Authority to consolidate reports required under Iran sanctions laws (a) In general Any or all reports required to be submitted to Congress under the provisions of law described in subsection (c) that are subject to a deadline for submission consisting of the same unit of time may be consolidated into a single report that is submitted to Congress pursuant to such deadline. (b) Exception Subsection (a) shall not apply with respect to the initial report of any report described in subsection (a). (c) Provisions of law described The provisions of law referred to in this section are the following: (1) This Act and the amendments made by this Act. (2) The Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 et seq. ). (3) The Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8701 et seq. ). (4) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8501 et seq. ). (d) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to reports required to be submitted to Congress under the provisions of law described in subsection (c) on or after such date of enactment. 406. Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012 (a) Iran Sanctions Act of 1996 Section 14(4)(B) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended by striking may include, in the discretion of the President and inserting includes . (b) Iran Threat Reduction and Syria Human Rights Act of 2012 Section 211 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 ) is amended by adding at the end the following new subsection: (f) Definition In this section, the term appropriate congressional committees includes the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. . 407. Rule of construction Nothing in this Act or any amendment made by this Act shall be construed to apply with respect to— (1) any activity relating to a project described in subsection (a) of section 603 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8783 ) to which the exception under that section applies at the time of the activity; or (2) any authorized intelligence activity of the United States. 408. Implementation; penalties (a) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act and the amendments made by this Act. (b) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any amendment made by this Act or regulations prescribed under this Act to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act (50 U.S.C. 1705(a)). 409. Severability (a) In general If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected. (b) Effective date under section 214 If subsection (d) of section 214 is found to be unconstitutional in accordance with subsection (a), the amendments made by such section 214 take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after such date of enactment.\n\nPassed the House of Representatives July 31, 2013. Karen L. Haas, Clerk"}}},{"rowIdx":1585,"cells":{"tv_id":{"kind":"string","value":"113-hr-850-rh-dtd"},"legis_id":{"kind":"string","value":"113-hr-850"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":850,"string":"850"},"legis_version":{"kind":"string","value":"rh"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr850rh.xml"},"file_name":{"kind":"string","value":"BILLS-113hr850rh.xml"},"lastmod":{"kind":"string","value":"2023-01-07 09:23:01.898"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 850 RH: Nuclear Iran Prevention Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-07-30\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title and table of contents\n \n \n \n (a)\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n (b)\n \n \n Table of contents\n \n \n The table of contents for this Act is as follows:\n \n \n \n Sec. 1. Short title and table of contents.\n \n \n Sec. 2. Findings and statement of policy.\n \n \n Title I—Human rights and terrorism sanctions\n \n \n Sec. 101. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran.\n \n \n Sec. 102. Prevention of diversion of certain goods, services and technologies to Iran.\n \n \n Sec. 103. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization.\n \n \n Sec. 104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran.\n \n \n Sec. 105. Sense of Congress on elections in Iran.\n \n \n Sec. 106. Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran.\n \n \n Title II—Economic and financial sanctions\n \n \n Subtitle A—Amendments to Iran Sanctions Act of 1996\n \n \n Sec. 201. Imposition of sanctions relating to transportation of crude oil from Iran and certain imports and exports to and from Iran.\n \n \n Sec. 202. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium.\n \n \n Sec. 203. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities.\n \n \n Subtitle B—Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012\n \n \n Sec. 211. Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran.\n \n \n Sec. 212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors.\n \n \n Sec. 213. Sense of Congress regarding the European Central Bank.\n \n \n Sec. 214. Imposition of sanctions with respect to certain transactions in foreign currencies.\n \n \n Sec. 215. Sanctions with respect to certain transactions with Iran.\n \n \n Subtitle C—Other matters\n \n \n Sec. 221. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions.\n \n \n Sec. 222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran.\n \n \n Sec. 223. Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran.\n \n \n Sec. 224. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals.\n \n \n Sec. 225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013.\n \n \n Sec. 226. Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran.\n \n \n Sec. 227. Conditions for entry and operation of vessels.\n \n \n Title III—Additional authorities to prevent censorship activities in Iran\n \n \n Sec. 301. Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting.\n \n \n Sec. 302. List of persons who are high-risk re-exporters of sensitive technologies.\n \n \n Sec. 303. Sense of Congress on provision of intercept technologies to Iran.\n \n \n Sec. 304. Sense of Congress on availability of consumer communication technologies in Iran.\n \n \n Sec. 305. Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate.\n \n \n Title IV—Reports and other matters\n \n \n Sec. 401. National Strategy on Iran.\n \n \n Sec. 402. Report on Iranian nuclear and economic capabilities.\n \n \n Sec. 403. Report on plausibility of expanding sanctions on Iranian oil.\n \n \n Sec. 404. GAO report on Iranian strategy to evade current sanctions and other matters.\n \n \n Sec. 405. Authority to consolidate reports required under Iran sanctions laws.\n \n \n Sec. 406. Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012.\n \n \n Sec. 407. Implementation; penalties.\n \n \n Sec. 408. Severability.\n \n \n \n \n \n \n 2.\n \n \n Findings and statement of policy\n \n \n \n (a)\n \n \n Findings\n \n \n Congress finds the following:\n \n \n \n (1)\n \n \n Iran’s acquisition of a nuclear weapons capability would—\n \n \n \n (A)\n \n \n embolden its already aggressive foreign policy, including its arming of terrorist organizations and other groups, its efforts to destabilize countries in the Middle East, and its efforts to target the United States, United States allies, and United States interests globally;\n \n \n \n \n (B)\n \n \n increase the risk that Iran would share its nuclear technology and expertise with extremist groups and rogue nations;\n \n \n \n \n (C)\n \n \n destabilize global energy markets, posing a direct and devastating threat to the American and global economy; and\n \n \n \n \n (D)\n \n \n likely lead other governments in the region to pursue their own nuclear weapons programs, increasing the prospect of nuclear proliferation throughout the region and effectively ending the viability of the global nonproliferation regime, including the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force on March 5, 1970.\n \n \n \n \n \n (2)\n \n \n A nuclear arms-capable Iran possessing intercontinental ballistic missiles, a development most experts expect could occur within a decade, would pose a direct nuclear threat to the United States.\n \n \n \n \n \n (b)\n \n \n Statement of policy\n \n \n It shall be the policy of the United States to prevent Iran from acquiring a nuclear weapons capability.\n \n \n \n \n <enum>\n I\n </enum>\n <header>\n Human rights and terrorism sanctions\n </header>\n <section id=\"HE5AFBF6403CE4EF19FBDE503EA44F23B\">\n <enum>\n 101.\n </enum>\n <header>\n Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran\n </header>\n <subsection display-inline=\"no-display-inline\" id=\"H5060517EB6F54329B75D983BCF293FFC\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513\">\n 22 U.S.C. 8513(c)(2)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"HCB13128CFD22405F96DF828FA20A26B1\">\n <enum>\n (1)\n </enum>\n <text>\n in subparagraph (D), by striking\n <quote>\n or\n </quote>\n at the end;\n </text>\n </paragraph>\n <paragraph id=\"H800968A051874A4F9C8E7EAB27A0277F\">\n <enum>\n (2)\n </enum>\n <text>\n in subparagraph (E), by striking the period at the end and inserting\n <quote>\n ; or\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HCEFF74ECF89D474DA11488B3872BAEAF\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the end the following new subparagraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H0692A32677C145BE9B411F8CFC4AE56C\" style=\"OLC\">\n <subparagraph id=\"H994C995FB7E741408F6BD245805E734A\">\n <enum>\n (F)\n </enum>\n <text display-inline=\"yes-display-inline\">\n facilitates a significant transaction or transactions or provides significant financial services for—\n </text>\n <clause id=\"H110AC261F8FA45E4A6E56BD6863985AB\">\n <enum>\n (i)\n </enum>\n <text>\n a person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or 105C(a); or\n </text>\n </clause>\n <clause id=\"HF260759D5BAB4F2B81E7BA8FAFDC7C23\">\n <enum>\n (ii)\n </enum>\n <text>\n a person that exports sensitive technology to Iran and is subject to the prohibition on procurement contracts as described in section 106.\n </text>\n </clause>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection display-inline=\"no-display-inline\" id=\"H1DA0285608444626988026F1BA844814\">\n <enum>\n (b)\n </enum>\n <header>\n Effective date\n </header>\n <text display-inline=\"yes-display-inline\">\n The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to any activity described in subparagraph (F) of section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (as added by subsection (a)(3) of this section) initiated on or after the date that is 90 days after such date of enactment.\n </text>\n </subsection>\n <subsection id=\"H8756B159267E4AEC883B7173F5CA63A4\">\n <enum>\n (c)\n </enum>\n <header>\n Regulations\n </header>\n <text>\n Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a).\n </text>\n </subsection>\n </section>\n <section id=\"HB57922A163A946129B440BB8E8E70472\">\n <enum>\n 102.\n </enum>\n <header>\n Prevention of diversion of certain goods, services and technologies to Iran\n </header>\n <subsection id=\"H4E5C7738F1494B1C96DBF2F70A5DECA3\">\n <enum>\n (a)\n </enum>\n <header>\n Definitions\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 301(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8541\">\n 22 U.S.C. 8541(1)\n </external-xref>\n ) is amended by striking\n <quote>\n knows or has reason to know\n </quote>\n and inserting\n <quote>\n knows, has reason to know, or should have known\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H326999CDA3384CDA94225DDA34D23E81\">\n <enum>\n (b)\n </enum>\n <header>\n Identification of countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 302(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8542\">\n 22 U.S.C. 8542(b)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H7C60CBB03DC84A92A5DA51BABAE94231\">\n <enum>\n (1)\n </enum>\n <text>\n in paragraph (1), by striking\n <quote>\n or\n </quote>\n at the end;\n </text>\n </paragraph>\n <paragraph id=\"H54398C6E86BD45DF8C956CABF3968087\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (2), by striking the period at the end and inserting\n <quote>\n ; or\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HF69B73974F954ACD9DE081D0665DB09C\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the end the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H0CC6E9DA21E94C4B8A532CD7337B4020\" style=\"OLC\">\n <paragraph id=\"HCF3A81527B56464283DD4366CFD3106D\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n that are—\n </text>\n <subparagraph id=\"H3D75BE16271948608A50525126FB99D9\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n items described in the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions);\n </text>\n </subparagraph>\n <subparagraph id=\"H97B6827351624C5D9DEB3A85D5FAF222\">\n <enum>\n (B)\n </enum>\n <text>\n items on the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions;\n </text>\n </subparagraph>\n <subparagraph id=\"H72460EB3DCF0443397DFD161533EB7CE\">\n <enum>\n (C)\n </enum>\n <text>\n items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group;\n </text>\n </subparagraph>\n <subparagraph id=\"HCD0094181F5248938E2EEA6E8C19F2D0\">\n <enum>\n (D)\n </enum>\n <text>\n items on the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or\n </text>\n </subparagraph>\n <subparagraph id=\"H59249CCF003A4E6A8C8235B1F8387BB3\">\n <enum>\n (E)\n </enum>\n <text>\n items on the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions.\n </text>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H4C680490A35D4957A0877AFE5DC7785F\">\n <enum>\n (c)\n </enum>\n <header>\n Destinations of diversion concern\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 303(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8543\">\n 22 U.S.C. 8543(c)\n </external-xref>\n ) is amended—\n </text>\n <paragraph display-inline=\"no-display-inline\" id=\"H224F13CC5F88434691D4ADF602B8DE0A\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n Not later than\n </quote>\n and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HBAA695519B39479692AC679719BE4A24\" style=\"OLC\">\n <paragraph id=\"HF15932A57A6F4C71BEDD84FB51EE5CEE\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than\n </text>\n </paragraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HBC3488EE20A54336ADEA5E475E03B17B\">\n <enum>\n (2)\n </enum>\n <text>\n by adding at the end the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HF85E121DC86A4A4E9D53B4EEB09EAA81\" style=\"OLC\">\n <paragraph id=\"H4F0B1A8828FE4162B2A38E55705D3C33\">\n <enum>\n (2)\n </enum>\n <header>\n Additional measures\n </header>\n <text display-inline=\"yes-display-inline\">\n The President may impose restrictions on United States foreign assistance or measures authorized under the International Emergency Economic Powers Act with respect to a country designated as a country of diversion concern if the President determines such restrictions or measures would prevent the transfer of United States-origin goods, services, and technology to Iran.\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H3D7F5A0905DA470CB89748CBFD0A438D\">\n <enum>\n (d)\n </enum>\n <header>\n Effective date\n </header>\n <text display-inline=\"yes-display-inline\">\n The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to countries identified in any update to the report that is required under section 302(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and submitted to Congress on or after such date of enactment.\n </text>\n </subsection>\n </section>\n <section commented=\"no\" id=\"H9C6251693A6146B49935E9550AD2661A\" section-type=\"subsequent-section\">\n <enum>\n 103.\n </enum>\n <header>\n Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization\n </header>\n <subsection commented=\"no\" id=\"HC106057C30484278B891D3A33AECD8EB\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Subtitle A of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8741\">\n 22 U.S.C. 8741 et seq.\n </external-xref>\n ) is amended—\n </text>\n <paragraph commented=\"no\" id=\"H3E02ABCC9AA744C3A590A84F638DBA5D\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating section 304 as section 305; and\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"H4FAFBE64025C446FA9DED9AEC0B6342B\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after section 303 the following new section:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H8FB56B4520FC44CEA82B849FF65B1011\" style=\"OLC\">\n <section commented=\"no\" id=\"H3F3ED89EAE374B45B169581B596F3274\">\n <enum>\n 304.\n </enum>\n <header>\n Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization\n </header>\n <subsection commented=\"no\" display-inline=\"no-display-inline\" id=\"HE2ED6EE3D28C489CB22855E84B5870A6\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text>\n Not later than 30 days after the date of the enactment of this section, the Secretary of State shall determine if Iran’s Revolutionary Guard Corps meets the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/8/1189\">\n 8 U.S.C. 1189\n </external-xref>\n ).\n </text>\n </subsection>\n <subsection commented=\"no\" id=\"H6E95769590B44179ADA7DE3A9AC20189\">\n <enum>\n (b)\n </enum>\n <header>\n Affirmative determination\n </header>\n <text display-inline=\"yes-display-inline\">\n If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps meets the criteria set forth under such section 219, the Secretary shall designate Iran’s Revolutionary Guard Corps as a foreign terrorist organization under such section 219.\n </text>\n </subsection>\n <subsection commented=\"no\" id=\"HF22F1200A3B84802A57052999B75F8B9\">\n <enum>\n (c)\n </enum>\n <header>\n Negative determination\n </header>\n <paragraph commented=\"no\" id=\"HA6585F115BA54863ABD9313B99EACB63\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps does not meet the criteria set forth under such section 219, the Secretary shall submit to the committees of Congress specified in subsection (e) a report that contains a detailed justification as to which criteria have not been met.\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"H4394D1C35DDD4838B3A3064739A3EB16\">\n <enum>\n (2)\n </enum>\n <header>\n Form\n </header>\n <text>\n The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H95CC774A80434E02BD6BAF5A5BE3381E\">\n <enum>\n (d)\n </enum>\n <header>\n Applicability of sanctions to Quds Force\n </header>\n <text display-inline=\"yes-display-inline\">\n The sanctions applied to any entity designated as a foreign terrorist organization as set forth in such section 219 shall be applied to the Iran’s Revolutionary Guard Corps Quds Force.\n </text>\n </subsection>\n <subsection commented=\"no\" id=\"H883A7069094D496AA61A711DF3D5E1AC\">\n <enum>\n (e)\n </enum>\n <header>\n Committees of Congress specified\n </header>\n <text>\n The committees of Congress specified in this subsection are the following:\n </text>\n <paragraph commented=\"no\" id=\"H566A0993EA6C43259F8EFA98EDA55276\">\n <enum>\n (1)\n </enum>\n <text>\n The Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives.\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HA5D74ECF8AC04BADB1528EBE2FB5041F\">\n <enum>\n (2)\n </enum>\n <text>\n The Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate.\n </text>\n </paragraph>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" id=\"H52C98DF1D0C548ED86CF91CBE86BBA96\">\n <enum>\n (b)\n </enum>\n <header>\n Clerical amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 304 and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H7F8C31983FCB46C691404E5683E8739B\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization.\n </toc-entry>\n <toc-entry level=\"section\">\n Sec. 305. Rule of construction.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n </section>\n <section id=\"H9F0B144B413C40C5ADEFDB103B59598B\">\n <enum>\n 104.\n </enum>\n <header>\n Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran\n </header>\n <subsection id=\"H643D05788B8F4CAD937F23D27E1497BD\">\n <enum>\n (a)\n </enum>\n <header>\n Finding and sense of Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/158\">\n Public Law 112–158\n </external-xref>\n ; 126 Stat. 1251) is amended to read as follows:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HE1CEACAE0E27442BBC21D3AF8C6BEDA2\" style=\"OLC\">\n <subsection id=\"H0A5EB2E227DF4AF99D5FE8DA77B25F18\">\n <enum>\n (a)\n </enum>\n <header>\n Finding and sense of Congress\n </header>\n <paragraph id=\"H06D11F3A7E99449D856193198B3B7922\">\n <enum>\n (1)\n </enum>\n <header>\n Finding\n </header>\n <text display-inline=\"yes-display-inline\">\n Congress finds that Iranian persons holding the following positions in the Government of Iran are ultimately responsible for and have and continue to knowingly order, control, direct and implement gross violations of the human rights of the Iranian people, the human rights of persons in other countries, censorship, and the diversion of food, medicine, medical devices, agricultural commodities and other goods intended for the Iranian people:\n </text>\n <subparagraph id=\"H927D0404B8CC4E42934F4C735E6E96AC\">\n <enum>\n (A)\n </enum>\n <text>\n The Supreme Leader of Iran.\n </text>\n </subparagraph>\n <subparagraph id=\"HFE1D21221AFA4C3FA49C29C65FBCFA45\">\n <enum>\n (B)\n </enum>\n <text>\n The President of Iran.\n </text>\n </subparagraph>\n <subparagraph id=\"H3BF58C40F1784F85862F8BB75569E7BA\">\n <enum>\n (C)\n </enum>\n <text>\n Members of the Council of Guardians.\n </text>\n </subparagraph>\n <subparagraph id=\"H767DCA449CAD441D8B6A9ACC50DA89D9\">\n <enum>\n (D)\n </enum>\n <text>\n Members of the Expediency Council.\n </text>\n </subparagraph>\n <subparagraph id=\"HF9F287587C1D46068F169FC57360EA55\">\n <enum>\n (E)\n </enum>\n <text>\n The Minister of Intelligence and Security.\n </text>\n </subparagraph>\n <subparagraph id=\"H1F4D09EB86E84E788717E74F40BDCEC9\">\n <enum>\n (F)\n </enum>\n <text>\n The Commander of the Iran’s Revolutionary Guard Corps.\n </text>\n </subparagraph>\n <subparagraph id=\"H93390798418D4CE38B8B70C492824231\">\n <enum>\n (G)\n </enum>\n <text>\n The Commander of the Basij-e-Mostaz’afin.\n </text>\n </subparagraph>\n <subparagraph id=\"H65AC8B09D60D41099C83F6BA4FA81639\">\n <enum>\n (H)\n </enum>\n <text>\n The Commander of Ansar-e-Hezbollah.\n </text>\n </subparagraph>\n <subparagraph id=\"H76C187B6DDD646778D076EBB64AEB9C9\">\n <enum>\n (I)\n </enum>\n <text>\n The Commander of the Quds Force.\n </text>\n </subparagraph>\n <subparagraph id=\"HC26544E3C3D64627A05C9F52898FC453\">\n <enum>\n (J)\n </enum>\n <text>\n The Commander in Chief of the Police Force.\n </text>\n </subparagraph>\n <subparagraph id=\"H19FA6AFE8D6549869ADA2DD0513F6179\">\n <enum>\n (K)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Senior officials or key employees of an organization described in any of subparagraphs (C) through (J) or in the Atomic Energy Organization of Iran, the Islamic Consultative Assembly of Iran, the Council of Ministers of Iran, the Assembly of Experts of Iran, the Ministry of Defense and Armed Forces Logistics of Iran, the Ministry of Justice of Iran, the Ministry of Interior of Iran, the prison system of Iran, or the judicial system of Iran.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HA376793CD891464D8365C0B32781C958\">\n <enum>\n (2)\n </enum>\n <header>\n Sense of Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the sense of Congress that—\n </text>\n <subparagraph id=\"H9ECBAA17A39040E995DC23A849278C81\">\n <enum>\n (A)\n </enum>\n <text>\n the President should include any Iranian person holding a position in the Government of Iran described in paragraph (1) on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8514\">\n 22 U.S.C. 8514(b)\n </external-xref>\n , 8514a(b), 8514b(b), or 8514c(b)); and\n </text>\n </subparagraph>\n <subparagraph id=\"H49F2AC9547CA420D86823AF7EDAD019A\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the President should impose sanctions on such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be).\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H56A994F855584AF381681D52BD4D4FC9\">\n <enum>\n (b)\n </enum>\n <header>\n Additional finding and sense of Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/158\">\n Public Law 112–158\n </external-xref>\n ; 126 Stat. 1251) is amended—\n </text>\n <paragraph id=\"H11936EB6820449138F70CBC2044634F9\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating subsection (b) as subsection (c); and\n </text>\n </paragraph>\n <paragraph id=\"HE2718CAADC774A018D68570F852F9234\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after subsection (a) the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H9D111F90A61740E588D75D76FEE66286\" style=\"OLC\">\n <subsection id=\"H7AFDCD797D3C45588845F4F88E22402A\">\n <enum>\n (b)\n </enum>\n <header>\n Additional finding and sense of Congress\n </header>\n <paragraph id=\"HA0CB6515EF1947D6A4569BB35505D2BF\">\n <enum>\n (1)\n </enum>\n <header>\n Finding\n </header>\n <text display-inline=\"yes-display-inline\">\n Congress finds that other senior officials of the Government of Iran, its agencies and instrumentalities, also have and continue to knowingly order, control, direct, and implement gross violations of the human rights of the Iranian people and the human rights of persons in other countries.\n </text>\n </paragraph>\n <paragraph id=\"H71A79A8B841F4B29940A1566D414EEA6\">\n <enum>\n (2)\n </enum>\n <header>\n Sense of Congress\n </header>\n <text>\n It is the sense of Congress that—\n </text>\n <subparagraph id=\"HC80CAD426D7C4A48AA27731081E9C75D\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the President should investigate violations of human rights described in paragraph (1) to identify other senior officials of the Government of Iran that also have or continue to knowingly order, control, direct, and implement gross violations of human rights of the Iranian people and the human rights of persons in other countries;\n </text>\n </subparagraph>\n <subparagraph id=\"H27809EB83F4B4C7C800FB57BF6536219\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the President should include any such official on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8514\">\n 22 U.S.C. 8514(b)\n </external-xref>\n , 8514a(b), 8514b(b), or 8514c(b)); and\n </text>\n </subparagraph>\n <subparagraph id=\"H84D9F55BCCB54365A1EE40213F69763C\">\n <enum>\n (C)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the President should impose sanctions on any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be).\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H7AF81B4695854045A4A40A0CA7421A7B\">\n <enum>\n (c)\n </enum>\n <header>\n Report\n </header>\n <text>\n Section 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/158\">\n Public Law 112–158\n </external-xref>\n ; 126 Stat. 1251), as redesignated by subsection (b) of this section, is amended—\n </text>\n <paragraph id=\"H57D2D9A4332142B3B3F0E57602390507\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n Not later than\n </quote>\n and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H122F8EF54A0B40A2ADDAC2C29203F301\" style=\"OLC\">\n <subparagraph id=\"H4CC438C9975248BEB2A287E3D589D416\">\n <enum>\n (A)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than\n </text>\n </subparagraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph display-inline=\"no-display-inline\" id=\"H82981BEB00B046D4A77AB956D53EFC99\">\n <enum>\n (2)\n </enum>\n <text>\n by striking\n <quote>\n this Act\n </quote>\n and inserting\n <quote>\n the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H5370E5CCD9E94AE296D9D85F9F21582B\">\n <enum>\n (3)\n </enum>\n <text>\n by striking\n <quote>\n otherwise directing the commission of\n </quote>\n and inserting\n </text>\n <quoted-block display-inline=\"yes-display-inline\" id=\"H058D90CCCD5145349C70D9D921EFC6A4\" style=\"OLC\">\n <text>\n otherwise directing—\n </text>\n <clause id=\"H642870D62ED045C7BF80A478B9CE7239\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the commission of\n </text>\n </clause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HB355CCD2E0AA44A0B42AB8DD3374F330\">\n <enum>\n (4)\n </enum>\n <text>\n by striking\n <quote>\n Iran.\n </quote>\n and inserting\n </text>\n <quoted-block display-inline=\"yes-display-inline\" id=\"H33EC6E8BBA13459BBA5ABEDA2809ADBD\" style=\"OLC\">\n <text>\n Iran;\n </text>\n <clause id=\"H4DB834DF47A247ED91ED509625A6D9CD\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n censorship or related activities with respect to Iran; or\n </text>\n </clause>\n <clause id=\"HE7F64424AA3F49CA8A77E6758B0FA6C7\">\n <enum>\n (iii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the diversion of goods, food, medicine, medical devices, and agricultural commodities, intended for the people of Iran.\n </text>\n </clause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HE361090DF8464E35B20DB988FF225A6B\">\n <enum>\n (5)\n </enum>\n <text>\n by striking\n <quote>\n For any such person\n </quote>\n and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H3054298B3D6643B89AB1EF22E34EE2CE\" style=\"OLC\">\n <subparagraph id=\"HDA04DEF674184116B622A66178D7F690\">\n <enum>\n (B)\n </enum>\n <header>\n Requirement relating to persons not included\n </header>\n <text display-inline=\"yes-display-inline\">\n For any such person\n </text>\n </subparagraph>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HFEFC5274DC574B0CA7F7640772056DA5\">\n <enum>\n (6)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by adding at the end the following new subparagraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H59913E16DD0C42AAAE945CCDC743C1E5\" style=\"OLC\">\n <subparagraph id=\"HE7F6A024EA484F54BE7CCE0F5097E242\">\n <enum>\n (C)\n </enum>\n <header>\n Requirement relating to financial net worth\n </header>\n <text display-inline=\"yes-display-inline\">\n For each such person described in subparagraph (A) and each such person described in subparagraph (B), the Secretary of State shall include in the report a description of the estimated net worth of the person.\n </text>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H1EE724FF014C41AF82B1B7A53D9AAB8E\">\n <enum>\n (d)\n </enum>\n <header>\n Conforming amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The heading for section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/158\">\n Public Law 112–158\n </external-xref>\n ; 126 Stat. 1251) is amended by striking\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n committed against\n </header-in-text>\n </quote>\n and all that follows and inserting\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n , engaging in censorship, or engaging in the diversion of goods intended for the people of Iran.\n </header-in-text>\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"HF5AAE10BDDC846F2BDAF036CFB40B4F8\">\n <enum>\n (e)\n </enum>\n <header>\n Clerical amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 401 and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HE17E78E152924768A32F4DDFCAB31CD8\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 401. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n </section>\n <section id=\"HBA043CAA71A249CBBECEE2C985818199\">\n <enum>\n 105.\n </enum>\n <header>\n Sense of Congress on elections in Iran\n </header>\n <subsection id=\"HD911310596144848AF25AECE0EB230F5\">\n <enum>\n (a)\n </enum>\n <header>\n Findings\n </header>\n <text display-inline=\"yes-display-inline\">\n Congress makes the following findings:\n </text>\n <paragraph id=\"H61793E89D0564C97A14777A79C659D39\">\n <enum>\n (1)\n </enum>\n <text>\n The Iranian people are systematically denied free, fair, and credible elections by the Government of the Islamic Republic of Iran.\n </text>\n </paragraph>\n <paragraph id=\"H7609A6F200924E8491764C2374A29569\">\n <enum>\n (2)\n </enum>\n <text>\n The unelected and unaccountable Guardian Council disqualifies hundreds of qualified candidates, including women and most religious minorities, while the regime intimidates others into staying out of elections completely.\n </text>\n </paragraph>\n <paragraph id=\"H7F07ADBC91BB4CCFBB55CF82BAE2293A\">\n <enum>\n (3)\n </enum>\n <text>\n Voting inconsistencies, including an absence of international observers, and fraud are commonplace.\n </text>\n </paragraph>\n <paragraph id=\"H2AF56F85273F4248AB923759FF358CED\">\n <enum>\n (4)\n </enum>\n <text>\n The 2009 presidential elections proved that the regime will engage in large scale vote-rigging to ensure a specific result.\n </text>\n </paragraph>\n <paragraph id=\"HC99CDFD4322F427A871314B744126253\">\n <enum>\n (5)\n </enum>\n <text>\n The Iranian regime combines electoral manipulation with the ruthless suppression of dissent. Following the 2009 elections, peaceful demonstrators were met with violence by the regime’s security apparatus, including arbitrary detentions, beatings, kidnappings, rapes, and murders.\n </text>\n </paragraph>\n <paragraph id=\"H40E78BBD38264E1E840AB8FA29D62E08\">\n <enum>\n (6)\n </enum>\n <text>\n The electoral manipulation and human rights violations are in violation of the Government of Iran’s agreed to obligations under the United Nations International Covenant on Civil and Political Rights.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H3832BA7D2F6F492998009EC1442E35E7\">\n <enum>\n (b)\n </enum>\n <header>\n Sense of Congress\n </header>\n <text>\n It is the sense of the Congress that—\n </text>\n <paragraph id=\"H14C85FDE445D43228197F68E85B21C35\">\n <enum>\n (1)\n </enum>\n <text>\n the Iranian people are deprived by their government of free, fair, and credible elections;\n </text>\n </paragraph>\n <paragraph id=\"HC042B2BD55B441E38FBF513CA6DA4D01\">\n <enum>\n (2)\n </enum>\n <text>\n the United States should support freedom, human rights, civil liberties, and the rule of law in Iran, and elections that are free and fair, meet international standards, and allow independent international and domestic electoral observers unrestricted access to polling and counting stations; and\n </text>\n </paragraph>\n <paragraph id=\"H5B325E10D0E94863B93BE5E638BF9F02\">\n <enum>\n (3)\n </enum>\n <text>\n the United States should support the people of Iran in their peaceful calls for a representative and responsive democratic government that respects human rights, civil liberties, and the rule of law.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H7A9B77A2FD3D475F8BB2C240AD8303B7\">\n <enum>\n 106.\n </enum>\n <header>\n Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran\n </header>\n <text display-inline=\"no-display-inline\">\n It is the sense of Congress that the Secretary of State should designate a Special Coordinator position in the Bureau of Near Eastern Affairs whose primary function is to facilitate cooperation across departments for the purpose of advancing human rights and political participation for women in Iran, as well as to prepare evidence and information to be used in identifying Iranian officials for designation as human rights violators for their involvement in violating the human rights of women in Iran.\n </text>\n </section>\n \n \n <enum>\n II\n </enum>\n <header>\n Economic and financial sanctions\n </header>\n <subtitle id=\"H777D124BD6894EE6B6CFD724CE129DDE\">\n <enum>\n A\n </enum>\n <header>\n Amendments to Iran Sanctions Act of 1996\n </header>\n <section id=\"HF9BE76AC73AD410EB5621317C40FCF68\">\n <enum>\n 201.\n </enum>\n <header>\n Imposition of sanctions relating to transportation of crude oil from Iran and certain imports and exports to and from Iran\n </header>\n <subsection id=\"HEF2B2A636A5647B6994BFCDFB81EBF56\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 5(a)(7)(A) of the Iran Sanctions Act of 1996 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/172\">\n Public Law 104–172\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701\n </external-xref>\n note) is amended—\n </text>\n <paragraph id=\"HA842001AC9ED412AB82ADB6B7BFD8D01\">\n <enum>\n (1)\n </enum>\n <text>\n in clause (i)—\n </text>\n <subparagraph id=\"H1660D30A87614019AE7BFEE9828AAE1B\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n a vessel that, on or after\n </quote>\n and inserting the following:\n </text>\n <quoted-block display-inline=\"yes-display-inline\" id=\"HF4E015500B7040D68A4629C12AB75F4C\" style=\"OLC\">\n <text display-inline=\"yes-display-inline\">\n a vessel that—\n </text>\n <subclause id=\"H2ED8023F508C47BFA94BDD3856EA0364\">\n <enum>\n (I)\n </enum>\n <text>\n on or after\n </text>\n </subclause>\n <after-quoted-block>\n ; and\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n <subparagraph id=\"H43E7734447B5448D849CDB639775829E\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n and\n </quote>\n at the end and inserting\n <quote>\n or\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HB6EC8B91083243B6994391017F95DB7A\">\n <enum>\n (C)\n </enum>\n <text>\n by adding at the end the following:\n </text>\n <quoted-block id=\"HE9546E7409E64BC6A962C7D3E9D0C2F0\" style=\"OLC\">\n <subclause id=\"H82EE04BA30A9446B9C7CF082FEB7DFB4\">\n <enum>\n (II)\n </enum>\n <item display-inline=\"yes-display-inline\" id=\"H2E5B757FAD7C4AC48E5A51C91E9292CB\">\n <enum>\n (aa)\n </enum>\n <text display-inline=\"yes-display-inline\">\n knowingly transports to or from Iran any good if the importation to Iran or exportation from Iran, as the case may be, of that good is subject to sanctions under this Act; or\n </text>\n </item>\n <item id=\"H420CBB81DE3F478EAA5F49F0730A8EDB\" indent=\"up1\">\n <enum>\n (bb)\n </enum>\n <text>\n knowingly engages in a vessel-to-vessel transfer of crude oil transported from Iran;\n </text>\n </item>\n </subclause>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HA0CA8BEE019443EA8282221CEE0F3C98\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in clause (ii), by striking the period at the end and inserting\n <quote>\n ; or\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H6E11424B77304B0AB9FFDD4F9CDC8110\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the end the following new clause:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H1BD39DE349F541C2886E4331A327959D\" style=\"OLC\">\n <clause id=\"H1E10B47F1DAA4A2185A54A7E2D839455\">\n <enum>\n (iii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the person is a person who knowingly sells, leases, or otherwise facilitates the transfer of ownership of a vessel to the Government of Iran, or any agencies or affiliates thereof, for the purpose of transportation of crude oil from Iran to another country.\n </text>\n </clause>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H23CAAE0423804AA890660D7E67CF6469\">\n <enum>\n (b)\n </enum>\n <header>\n Conforming amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 5(a)(7) of the Iran Sanctions Act of 1996 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/172\">\n Public Law 104–172\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701\n </external-xref>\n note) is amended in the paragraph heading by striking\n <quote>\n <header-in-text level=\"paragraph\" style=\"OLC\">\n from iran\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"paragraph\" style=\"OLC\">\n from iran and certain imports and exports to and from iran\n </header-in-text>\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H523A27FFB6C447F4910B14C39836D744\">\n <enum>\n (c)\n </enum>\n <header>\n Effective date\n </header>\n <text>\n The amendments made by subsection (a) apply with respect to actions described in subclause (II) of section 5(a)(7)(A)(i) of the Iran Sanctions Act of 1996 (as added by such subsection) and actions described in clause (iii) of section 5(a)(7)(A) of the Iran Sanctions Act of 1996 (as added by such subsection), as the case may be, that occur on or after the date that is 90 days after the date of the enactment of this Act.\n </text>\n </subsection>\n </section>\n <section id=\"HCF20254794F84B889B5F96CF9F8F494D\">\n <enum>\n 202.\n </enum>\n <header>\n Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium\n </header>\n <subsection id=\"HEBFD4A03BE5D40208F027487CA2BFAE5\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text>\n Section 5(b)(2) of the Iran Sanctions Act of 1996 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/172\">\n Public Law 104–172\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701\n </external-xref>\n note) is amended by adding at the end the following new subparagraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H13413C2F27744C70BF7BC29128DDC86A\" style=\"OLC\">\n <subparagraph id=\"H5BB4EC9E90B34B1DBE1D58C526A4EAB0\">\n <enum>\n (C)\n </enum>\n <header>\n Transfer to Iran of goods, services, or technology that can be used for mining or milling of uranium\n </header>\n <text display-inline=\"yes-display-inline\">\n Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly transferred, on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013, to Iran goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium.\n </text>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HEC66784042F743BD8CD976FB2F8C9EA1\">\n <enum>\n (b)\n </enum>\n <header>\n Conforming amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 5(b) of such Act is amended in the heading for paragraph (2) by adding at the end before the period the following:\n <quote>\n <header-in-text level=\"paragraph\" style=\"OLC\">\n and other related activities\n </header-in-text>\n </quote>\n .\n </text>\n </subsection>\n </section>\n <section id=\"H81FFE976025047008A83BD5DDFE6A19A\">\n <enum>\n 203.\n </enum>\n <header>\n Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities\n </header>\n <text display-inline=\"no-display-inline\">\n Section 9(c)(1) of the Iran Sanctions Act of 1996 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/172\">\n Public Law 104–172\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701\n </external-xref>\n note) is amended—\n </text>\n <paragraph id=\"HA0A16533B9CF4C60ADC46ECAA93E0E01\">\n <enum>\n (1)\n </enum>\n <text>\n by striking subparagraph (B);\n </text>\n </paragraph>\n <paragraph id=\"H2538A66A455145BABB1167F2C9941B00\">\n <enum>\n (2)\n </enum>\n <text>\n by redesignating subparagraph (C) as subparagraph (B); and\n </text>\n </paragraph>\n <paragraph id=\"H1B8554AE2B4548E69D8FB79CC5143B35\">\n <enum>\n (3)\n </enum>\n <text>\n in subparagraph (B) (as redesignated by paragraph (2) of this section)—\n </text>\n <subparagraph id=\"HC59202B1A71E479D8A5D1A28B368E013\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n or (B)\n </quote>\n each place it appears; and\n </text>\n </subparagraph>\n <subparagraph id=\"HE6FCC22DB314432D9DEFFCD88A582281\">\n <enum>\n (B)\n </enum>\n <text>\n by striking\n <quote>\n , as applicable\n </quote>\n .\n </text>\n </subparagraph>\n </paragraph>\n </section>\n </subtitle>\n <subtitle id=\"H366EB654CCED4AF085EC2CB4682693AC\">\n <enum>\n B\n </enum>\n <header>\n Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012\n </header>\n <section id=\"HE6B9C56F0E43456C96AA6B77DB0C6EBB\">\n <enum>\n 211.\n </enum>\n <header>\n Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran\n </header>\n <subsection id=\"H2D0843E101304D4AA1C3C3A8931B2619\">\n <enum>\n (a)\n </enum>\n <header>\n Application to owners and subsidiaries\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection (a) of section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/111/195\">\n Public Law 111–195\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8515\">\n 22 U.S.C. 8515\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H4F2D7BBEB52C43BA81562A7FDFABE556\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n goods or services with a person\n </quote>\n and inserting the following:\n </text>\n <quoted-block display-inline=\"yes-display-inline\" id=\"H8BCDB1DA778E44CDA5EB229025D796CC\" style=\"OLC\">\n <text display-inline=\"yes-display-inline\">\n goods or services—\n </text>\n <paragraph id=\"HF216CF24FEA1499A803849464E974E57\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n with a person\n </text>\n </paragraph>\n <after-quoted-block>\n ;\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n <paragraph id=\"HD055189A61D44A17AB9DFDB3D7750E5B\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (1), as added by paragraph (1) of this subsection, by striking the period at the end and inserting and inserting\n <quote>\n ; or\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H0081917A78F846D9B1081AAD34975EF3\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the end the following new paragraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H5D1CECC5BEF742B2860E45B20753A77B\" style=\"OLC\">\n <paragraph id=\"H8AF612B185474FE591DF11267D667665\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n with respect to a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1).\n </text>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H9D436CA44B2C4AC8846293F21751C5B2\">\n <enum>\n (b)\n </enum>\n <header>\n Sensitive technology defined\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection (c)(1) of such section is amended by striking\n <quote>\n is to be used specifically\n </quote>\n and inserting\n <quote>\n has been designed or specifically modified\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H8FBFDDDDC42A4C59AB4868A45F47ADC9\">\n <enum>\n (c)\n </enum>\n <header>\n Presidential determination and imposition of additional sanctions\n </header>\n <text display-inline=\"yes-display-inline\">\n Such section, as so amended, is further amended by adding at the end the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H99F1E0F73AB249839706F1E99F71AFCC\" style=\"OLC\">\n <subsection id=\"HC24AB50DFF1F46948CAC110FC183A224\">\n <enum>\n (e)\n </enum>\n <header>\n Presidential determination and imposition of additional sanctions\n </header>\n <text display-inline=\"yes-display-inline\">\n The President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/172\">\n Public Law 104–172\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701\n </external-xref>\n note) with respect to—\n </text>\n <paragraph id=\"HD2E032B8AC7D48F7847931C65F1D5CD2\">\n <enum>\n (1)\n </enum>\n <text>\n a person if the President determines that the person knowingly exports sensitive technology to Iran; or\n </text>\n </paragraph>\n <paragraph id=\"H5B7B5A75BC0749BC980AC8AA0A029C35\">\n <enum>\n (2)\n </enum>\n <text>\n a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1).\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H76A9D5AE081043B59DA0CCFA7AE35C2D\">\n <enum>\n (d)\n </enum>\n <header>\n Conforming amendment\n </header>\n <text>\n The heading of such section is amended by inserting\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n and imposition of sanctions against\n </header-in-text>\n </quote>\n after\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n with\n </header-in-text>\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"HFAF5A30352DF4A08BBC5BC3C5FF2BB39\">\n <enum>\n (e)\n </enum>\n <header>\n Clerical amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The table of contents for the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended by striking the item relating to section 106 and inserting the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H6AE1C1FB0AA54ECE932BFBC29484795A\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 106. Prohibition on procurement contracts with and imposition of sanctions against persons that export sensitive technology to Iran.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H86A133DD24BF4E4EBD8178D8A3D61DAB\">\n <enum>\n (f)\n </enum>\n <header>\n Effective date\n </header>\n <text>\n The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to exports of sensitive technology to Iran that occur on or after such date of enactment.\n </text>\n </subsection>\n </section>\n <section id=\"HB4A7236C2A004666BA071484D68C675A\">\n <enum>\n 212.\n </enum>\n <header>\n Authority of State and local governments to avoid exposure to sanctioned persons and sectors\n </header>\n <subsection id=\"H19C19436BB654EDA9E52ABCEA38E8DE5\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text>\n Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8532\">\n 22 U.S.C. 8532\n </external-xref>\n ) is amended by striking subsections (a), (b), and (c) and inserting the following:\n </text>\n <quoted-block id=\"H749D109A23DD4E9F8DF947E0E749233B\" style=\"OLC\">\n <subsection id=\"H5A19D0F390D04D2CA8AC30A41EE6CD5F\">\n <enum>\n (a)\n </enum>\n <header>\n Sense of congress\n </header>\n <text>\n It is the sense of Congress that the United States should support the decision of any State or local government to divest from or prohibit the investment of assets of the State or local government, to prohibit the issuance of licenses to conduct business in the State or locality to, and to impose disclosure and transparency requirements on, a person that invests in or conducts transactions for or with a person or sector subject to sanctions with respect to Iran.\n </text>\n </subsection>\n <subsection id=\"HFC61AE1E8CA94562A619739F9F3F9E2C\">\n <enum>\n (b)\n </enum>\n <header>\n Authority\n </header>\n <text>\n Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d)—\n </text>\n <paragraph id=\"HA59AA018A02A46F2BCE83D76B7D1DBB9\">\n <enum>\n (1)\n </enum>\n <text>\n to divest the assets of the State or local government from a person described in subsection (c);\n </text>\n </paragraph>\n <paragraph id=\"HA1929B101CF146DCB3C818FB546DC142\">\n <enum>\n (2)\n </enum>\n <text>\n to prohibit investment of the assets of the State or local government in any such person;\n </text>\n </paragraph>\n <paragraph id=\"HAE0647B0D30D4085B3064863BC9189AD\">\n <enum>\n (3)\n </enum>\n <text>\n to prohibit the issuance of licenses to conduct business in the State or locality to any such person; or\n </text>\n </paragraph>\n <paragraph id=\"H9B6E1E22F7AE4FCF861F0103D2892E1E\">\n <enum>\n (4)\n </enum>\n <text>\n to impose disclosure and transparency requirements on any such person.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H629243B7C7CB49098B0949E9CBAA5422\">\n <enum>\n (c)\n </enum>\n <header>\n Persons described\n </header>\n <text>\n A person described in this subsection is a person that invests in or engages in any transaction with or for any person engaged in any activity for which sanctions may be imposed under any provision of Federal law imposing sanctions with respect to Iran.\n </text>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H0FA73939564449A981869A4F1C86C887\">\n <enum>\n (b)\n </enum>\n <header>\n Conforming amendments\n </header>\n <text>\n Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8532\">\n 22 U.S.C. 8532\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H65E7FE85D6B342E8AAC9D5130A739B2B\">\n <enum>\n (1)\n </enum>\n <text>\n in subsection (d)(4), by striking\n <quote>\n engages in investment activities in Iran described in subsection (c)\n </quote>\n and inserting\n <quote>\n is a person described in subsection (c)\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H48CB42E0C07F4C6CAD82BD0ECA835DCA\">\n <enum>\n (2)\n </enum>\n <text>\n in subsection (f), by striking\n <quote>\n or (i)\n </quote>\n and inserting\n <quote>\n or (g)\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H891D6180A33247C29B436F5E64E301A1\">\n <enum>\n (3)\n </enum>\n <text>\n by striking subsections (g) and (h) and by redesignating subsections (i) and (j) as subsections (g) and (h), respectively; and\n </text>\n </paragraph>\n <paragraph id=\"HAFE8972B743448FDA3251618A09DDBAD\">\n <enum>\n (4)\n </enum>\n <text>\n in paragraph (1) of subsection (g), as redesignated by paragraph (3), by striking\n <quote>\n (determined without regard to subsection (c))\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H541462DD227444378CA7EB17106AF2BD\">\n <enum>\n (c)\n </enum>\n <header>\n Effective date\n </header>\n <text>\n The amendments made by this section apply to measures adopted by State and local governments on or after the date of the enactment of this Act.\n </text>\n </subsection>\n </section>\n <section id=\"H8D2B2EFC18C24A7EA4B4B30DE36CB42D\">\n <enum>\n 213.\n </enum>\n <header>\n Sense of Congress regarding the European Central Bank\n </header>\n <subsection id=\"H6F88FB0997044BBD82CB7F6C7163C655\">\n <enum>\n (a)\n </enum>\n <header>\n Findings\n </header>\n <text display-inline=\"yes-display-inline\">\n Congress finds the following:\n </text>\n <paragraph id=\"H9E96F84679DE4D8487C1A88242BC2785\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n The Government of Iran, its agencies and instrumentalities, continue to have access to, and utilize, euro-denominated transactions, including for goods and services that are subject to sanctions imposed by the United States, the European Union and its member states and by the United Nations.\n </text>\n </paragraph>\n <paragraph id=\"HD693B4F7DB694A1D8F7930030ECF1797\">\n <enum>\n (2)\n </enum>\n <text>\n The Guidelines of the European Central Bank (Article 39(1)) states that:\n <quote>\n Participants shall be deemed to be aware of, and shall comply with, all obligations on them relating to legislation on data protection, prevention of money laundering and the financing of terrorism, proliferation-sensitive nuclear activities and the development of nuclear weapons delivery systems, in particular in terms of implementing appropriate measures concerning any payments debited or credited on their PM accounts.\n </quote>\n </text>\n </paragraph>\n <paragraph id=\"H30521042445C447686FDF8B47A789BDE\">\n <enum>\n (3)\n </enum>\n <text>\n United States and European convergence with respect to United States sanctions efforts toward the Government of Iran is a vital component of United States policy aimed at preventing the Government of Iran from acquiring a nuclear weapons capability.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H2B2CD23A060D47C2B2AD212B521EAFEB\">\n <enum>\n (b)\n </enum>\n <header>\n Sense of Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the sense of Congress that the President should continue to closely coordinate and cooperate with the European Union and its member states to restrict access to and use of the euro currency by the Government of Iran, its agencies and instrumentalities, for transactions with the exception of food, medicine, medical devices, and agricultural commodities.\n </text>\n </subsection>\n </section>\n <section id=\"H02CAFE76A91747FA92EAFDA1844FDCA8\">\n <enum>\n 214.\n </enum>\n <header>\n Imposition of sanctions with respect to certain transactions in foreign currencies\n </header>\n <subsection id=\"HBD0F441FDDD8434AB302CA757DBB499D\">\n <enum>\n (a)\n </enum>\n <header>\n Imposition of sanctions\n </header>\n <text>\n Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8721\">\n 22 U.S.C. 8721 et seq.\n </external-xref>\n ) is amended by inserting after section 220 the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HA3A7EBF20A5E4AF0A5A595BF8B0C1643\" style=\"OLC\">\n <section id=\"H3217740798AB4D42A3FDB2E4703850E1\">\n <enum>\n 220A.\n </enum>\n <header>\n Imposition of sanctions with respect to certain transactions in foreign currencies\n </header>\n <subsection id=\"HC2871A7F2AF94B08AD6CD0B6979F17BC\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text>\n The President—\n </text>\n <paragraph id=\"H66BEE8F128AD4D93BDA6BA605970B862\">\n <enum>\n (1)\n </enum>\n <text>\n shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that is a person described in subsection (b); and\n </text>\n </paragraph>\n <paragraph id=\"H35C45E78F40B4657BB6B0B69F6436809\">\n <enum>\n (2)\n </enum>\n <text>\n may impose sanctions pursuant to the International Emergency Economic Powers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701 et seq.\n </external-xref>\n ) with respect to any other person described in subsection (b).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HB084869C18F74CCD98A9AA8EE32D2702\">\n <enum>\n (b)\n </enum>\n <header>\n Person described\n </header>\n <text>\n A person described in this subsection is a person the President determines has—\n </text>\n <paragraph id=\"HFCC770C027E7468D855E0ADE47F3BBA8\">\n <enum>\n (1)\n </enum>\n <text>\n knowingly conducted or facilitated a significant transaction involving the currency of a country other than the country in which the person is operating at the time of the transaction with, for, or on behalf of—\n </text>\n <subparagraph id=\"H4FB5B10FDAD949AE82FD90938CAD936F\">\n <enum>\n (A)\n </enum>\n <text>\n the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701 et seq.\n </external-xref>\n ); or\n </text>\n </subparagraph>\n <subparagraph id=\"HC1799A0F61514E39ADEC8CBD6FDF8119\">\n <enum>\n (B)\n </enum>\n <text>\n a person described in section 1244(c)(2) of the Iran Freedom and Counter-Proliferation Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8803\">\n 22 U.S.C. 8803(c)(2)\n </external-xref>\n ) (other than a person described in subparagraph (C)(iii) of that section); or\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H540A3F5867F74D01AC65F239AAA0E06C\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n knowingly conducted or facilitated a significant transaction by another person involving the currency of a country other than the country in which that other person is operating at the time of the transaction, with, for, or on behalf of a person described in subparagraph (A) or (B) of paragraph (1).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H78053A80B64B49438DBB1C68C4DB04CD\">\n <enum>\n (c)\n </enum>\n <header>\n Waiver\n </header>\n <paragraph id=\"HAFCF3995F42D458A8B67C951CF43EB92\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n The President may waive the application of subsection (a) with respect to a person for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, if the President—\n </text>\n <subparagraph id=\"H0CCD0767AA49478CB6A3CAB29E6A8FD8\">\n <enum>\n (A)\n </enum>\n <text>\n determines that the waiver is vital to the national security of the United States; and\n </text>\n </subparagraph>\n <subparagraph id=\"H2B37482C7D784A1AB77634005856A5F2\">\n <enum>\n (B)\n </enum>\n <text>\n not less than 7 days before the waiver or the renewal of the waiver, as the case may be, takes effect, submits a report to the appropriate congressional committees on the waiver and the reason for the waiver.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph commented=\"no\" display-inline=\"no-display-inline\" id=\"H45EAD28048C74E9AA06D993B11F507FA\">\n <enum>\n (2)\n </enum>\n <header>\n Form of report\n </header>\n <text>\n Each report submitted under paragraph (1)(B) shall be submitted in unclassified form but may include a classified annex.\n </text>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" display-inline=\"no-display-inline\" id=\"H4252ECAE3A314A39A676FAE294EE78AE\">\n <enum>\n (d)\n </enum>\n <header>\n Rule of construction\n </header>\n <text>\n Nothing in this section shall be construed to prohibit any person from, or authorize or require the imposition of sanctions with respect to any person for, conducting or facilitating any transaction in the currency of the country in which the person is operating at the time of the transaction for the sale of agricultural commodities, food, medicine, or medical devices.\n </text>\n </subsection>\n <subsection id=\"H69BC2DAF24F74FE6A0F295B5741122E1\">\n <enum>\n (e)\n </enum>\n <header>\n Definitions\n </header>\n <text>\n In this section:\n </text>\n <paragraph id=\"HAB63FB30657840858E744E75FDD0F21E\">\n <enum>\n (1)\n </enum>\n <header>\n Account; correspondent account; payable-through account\n </header>\n <text>\n The terms\n <term>\n account\n </term>\n ,\n <term>\n correspondent account\n </term>\n , and\n <term>\n payable-through account\n </term>\n have the meanings given those terms in\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/31/5318A\">\n section 5318A\n </external-xref>\n of title 31, United States Code.\n </text>\n </paragraph>\n <paragraph id=\"H081F0C88D4FC4C47A39CEDB3C6DEA93C\">\n <enum>\n (2)\n </enum>\n <header>\n Agricultural commodity\n </header>\n <text>\n The term\n <term>\n agricultural commodity\n </term>\n has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/7/5602\">\n 7 U.S.C. 5602\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"HA40EB4A1F72A459B916E96AC07C97FFB\">\n <enum>\n (3)\n </enum>\n <header>\n Foreign financial institution\n </header>\n <text>\n The term\n <term>\n foreign financial institution\n </term>\n has the meaning given that term in\n <external-xref legal-doc=\"regulation\" parsable-cite=\"cfr/31/561.308\">\n section 561.308\n </external-xref>\n of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).\n </text>\n </paragraph>\n <paragraph id=\"H140800EE94E24B99B709D0D2AC49755E\">\n <enum>\n (4)\n </enum>\n <header>\n Iranian financial institution\n </header>\n <text>\n The term\n <term>\n Iranian financial institution\n </term>\n has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513b\">\n 22 U.S.C. 8513b(d)\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"HDC7010716619407195BA3BA3E680BA6D\">\n <enum>\n (5)\n </enum>\n <header>\n Medical device\n </header>\n <text>\n The term\n <term>\n medical device\n </term>\n has the meaning given the term\n <term>\n device\n </term>\n in section 201 of the Federal Food, Drug, and Cosmetic Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/21/321\">\n 21 U.S.C. 321\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"HD86F3E7236864B36B5DB2B73DE9F0393\">\n <enum>\n (6)\n </enum>\n <header>\n Medicine\n </header>\n <text>\n The term\n <term>\n medicine\n </term>\n has the meaning given the term\n <term>\n drug\n </term>\n in section 201 of the Federal Food, Drug, and Cosmetic Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/21/321\">\n 21 U.S.C. 321\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"H52FEBF35F6284244A3C19D5625E544DD\">\n <enum>\n (7)\n </enum>\n <header>\n Transaction\n </header>\n <text>\n The term\n <term>\n transaction\n </term>\n includes a foreign exchange swap, a foreign exchange forward, and any other type of similar currency exchange or conversion or similar derivative instrument.\n </text>\n </paragraph>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HBA76D43976BD4C88B0A38CEDB7C72D17\">\n <enum>\n (b)\n </enum>\n <header>\n Conforming amendments\n </header>\n <paragraph id=\"H045A542FA6D24FBF81833185A515EAD6\">\n <enum>\n (1)\n </enum>\n <header>\n Implementation\n </header>\n <text>\n Section 601(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8781\">\n 22 U.S.C. 8781(a)(1)\n </external-xref>\n ) is amended by inserting\n <quote>\n 220A,\n </quote>\n after\n <quote>\n 220,\n </quote>\n .\n </text>\n </paragraph>\n <paragraph id=\"HD3BCDFDA877F41DAABC1DBBDBDCBF0B9\">\n <enum>\n (2)\n </enum>\n <header>\n Penalties\n </header>\n <text>\n Section 601(b)(2)(A) of such Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8781\">\n 22 U.S.C. 8781(b)(2)(A)\n </external-xref>\n ) is amended by striking\n <quote>\n and 220,\n </quote>\n and inserting\n <quote>\n 220, and 220A,\n </quote>\n .\n </text>\n </paragraph>\n <paragraph id=\"H3F99DC9A2ED2445BA26501A8EBD40DFD\">\n <enum>\n (3)\n </enum>\n <header>\n Termination\n </header>\n <text>\n Section 605(a) of such Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8785\">\n 22 U.S.C. 8785(a)\n </external-xref>\n ) is amended by inserting\n <quote>\n 220A,\n </quote>\n after\n <quote>\n 220,\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HFEA9045943394131AFFBD1496764A192\">\n <enum>\n (c)\n </enum>\n <header>\n Clerical amendment\n </header>\n <text>\n The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 220 the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HDBCE4EDAE16C47E4B51BAA0A3ACC4667\" style=\"OLC\">\n <toc>\n <toc-entry bold=\"off\" level=\"section\">\n Sec. 220A. Imposition of sanctions with respect to certain transactions in foreign currencies.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HB95C33AB09D64EC7B62EAEDA7A7BEB25\">\n <enum>\n (d)\n </enum>\n <header>\n Effective date\n </header>\n <text>\n The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after May 22, 2013.\n </text>\n </subsection>\n </section>\n <section id=\"H6D359EA8A0B34F1B8A272B935E3A048E\">\n <enum>\n 215.\n </enum>\n <header>\n Sanctions with respect to certain transactions with Iran\n </header>\n <subsection id=\"HD953F5D16C9B4717B1136AF85C49DF1C\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8721\">\n 22 U.S.C. 8721 et seq.\n </external-xref>\n ) is amended by adding at the end the following new section:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HECD922794BF14BA9A8E88BD28BD92DB0\" style=\"OLC\">\n <section id=\"H2F79CEE7C9F548798E7A7C7027A8F922\">\n <enum>\n 225.\n </enum>\n <header>\n Sanctions with respect to certain transactions with Iran\n </header>\n <subsection id=\"H7190D3E78AAE401B99A44CF3C4BD1809\">\n <enum>\n (a)\n </enum>\n <header>\n Authorization of sanctions\n </header>\n <paragraph id=\"HFCEF1722EA3B4E78861AF3061279C675\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Except as specifically provided in this section, the President may impose sanctions pursuant to the International Emergency Economic Powers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701 et seq.\n </external-xref>\n ) on a foreign person that the President determines has, on or after the date that is 60 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly conducted or facilitated a significant financial transaction with the Central Bank of Iran or other Iranian financial institution that has been designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act, for—\n </text>\n <subparagraph id=\"H6274D0F9F8804A3C9E7E984A88914895\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the purchase of goods or services by a person in Iran or on behalf of a person in Iran; or\n </text>\n </subparagraph>\n <subparagraph id=\"HF5A7A5D363B3436C8AC1033C63B72A33\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the purchase of goods or services from a person in Iran or on behalf of a person in Iran.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H0C8A8F692B624E79A504A447088AB97E\">\n <enum>\n (2)\n </enum>\n <header>\n Rule of construction\n </header>\n <text display-inline=\"yes-display-inline\">\n Nothing in this section shall be construed to affect the imposition of sanctions with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran under section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/81\">\n Public Law 112–81\n </external-xref>\n ; 125 Stat. 1648).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H132B65AE70704138A6DD87D5BB2C47DE\">\n <enum>\n (b)\n </enum>\n <header>\n Exception for overall reductions of exports to and imports from Iran\n </header>\n <paragraph id=\"H330D06D085A4422BAF4C0B5EB99CB864\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n The President is authorized not to impose sanctions under subsection (a) on a foreign person if the President determines and submits to the appropriate congressional committees a report that contains a determination of the President that the country with primary jurisdiction over the foreign person has, during the time period described in paragraph (2), significantly reduced the value and volume of imports and exports of goods (other than petroleum or petroleum products) and services between such country and Iran.\n </text>\n </paragraph>\n <paragraph id=\"HCD5F1E67068044EFA88813C9BD8A8B18\">\n <enum>\n (2)\n </enum>\n <header>\n Time period described\n </header>\n <text display-inline=\"yes-display-inline\">\n The time period referred to in paragraph (1) is the 60-day period ending on the date on which the President makes the determination under paragraph (1) as compared to the immediately preceding 60-day period.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H4910600ADEDF424A8F5244B12D81993C\">\n <enum>\n (c)\n </enum>\n <header>\n Exception for sales of agricultural commodities, food, medicine and medical devices\n </header>\n <text>\n The President may not impose sanctions under subsection (a) on a foreign person with respect to a transaction for the sale of agricultural commodities, food, medicine or medical devices to Iran.\n </text>\n </subsection>\n <subsection id=\"H6FC8B209728C4BA7AC06C5AEAAFA870B\">\n <enum>\n (d)\n </enum>\n <header>\n Definitions\n </header>\n <text display-inline=\"yes-display-inline\">\n In this section:\n </text>\n <paragraph id=\"HF3E9E564DB4C4BD5AB5C988C69E89E77\">\n <enum>\n (1)\n </enum>\n <header>\n Foreign person\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n foreign person\n </term>\n has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/172\">\n Public Law 104–172\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701\n </external-xref>\n note).\n </text>\n </paragraph>\n <paragraph id=\"H9842118ABD344E8DA020042442E13BC8\">\n <enum>\n (2)\n </enum>\n <header>\n Iranian financial institution\n </header>\n <text>\n The term\n <term>\n Iranian financial institution\n </term>\n has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513b\">\n 22 U.S.C. 8513b(d)\n </external-xref>\n ).\n </text>\n </paragraph>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"H0FE710F1FE34458EAF0223637935A36C\">\n <enum>\n (b)\n </enum>\n <header>\n Clerical amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 224 the following:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H18B97B5DC0FB47EB83D28631B532C397\" style=\"OLC\">\n <toc regeneration=\"no-regeneration\">\n <toc-entry level=\"section\">\n Sec. 225. Sanctions with respect to certain transactions with Iran.\n </toc-entry>\n </toc>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n </section>\n </subtitle>\n <subtitle id=\"H3ED072B4BF944DF09ADE15B1BEBBED83\">\n <enum>\n C\n </enum>\n <header>\n Other matters\n </header>\n <section id=\"H4E38985F0AA04D33A9860C7175507FE6\">\n <enum>\n 221.\n </enum>\n <header>\n Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions\n </header>\n <subsection commented=\"no\" id=\"HA800CD19E38744C9A6C09FE7A1D55E95\">\n <enum>\n (a)\n </enum>\n <header>\n Exception to applicability of sanctions with respect to petroleum transactions\n </header>\n <text>\n Section 1245(d)(4)(D)(i)(I) of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/81\">\n Public Law 112–81\n </external-xref>\n ; 125 Stat. 1648;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513a\">\n 22 U.S.C. 8513a(d)(4)(D)(i)(I)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H6003B69400C8412E9EAA1C69D4EC8D6B\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n reduced reduced\n </quote>\n and inserting\n <quote>\n reduced\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H9F1F131E4E6A4B7784758E2EFE5A65F3\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting\n <quote>\n value and\n </quote>\n before\n <quote>\n volume\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H57FCB464417A44A79E8C8DCAF23CADCF\">\n <enum>\n (3)\n </enum>\n <text>\n by inserting\n <quote>\n or of Iranian origin\n </quote>\n after\n <quote>\n from Iran\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H1DC08D9868E840908C43DF7B728636C3\">\n <enum>\n (4)\n </enum>\n <text>\n by adding at the end before the semicolon the following:\n <quote>\n , and the President certifies in writing to Congress that the President has based such determination on accurate information on that country’s total purchases of crude oil from Iran or of Iranian origin\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HBD327838369446F88F04D5BE8FEB8F83\">\n <enum>\n (b)\n </enum>\n <header>\n Financial transactions described\n </header>\n <text>\n Section 1245(d)(4)(D)(ii)(II) of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/81\">\n Public Law 112–81\n </external-xref>\n ; 125 Stat. 1648) is amended—\n </text>\n <paragraph id=\"H1B19307B152F48908B01DBB8B70B7EB4\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n (II)\n </quote>\n and inserting\n <quote>\n (II)(aa)\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H6D8FBF226E4A48A197E106EDF8FF8FF8\">\n <enum>\n (2)\n </enum>\n <text>\n in item (aa) (as designated by paragraph (1) of this subsection), by striking the period at the end and inserting\n <quote>\n ; and\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"HA5D31686ABD64E31B555718EFBA99606\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the end the following new item:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HDADF11BC32374893A416A6FFB1EBD168\" style=\"OLC\">\n <item id=\"H26A32BD2155448E8872C41DF6150DCAD\" indent=\"up1\">\n <enum>\n (bb)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the foreign financial institution holding the account described in item (aa) does not knowingly facilitate any significant financial transfers for, with, or on behalf of the Government of Iran, unless the transaction is excepted from sanctions under paragraph (2) or is a transaction described in subclause (I) and item (aa).\n </text>\n </item>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" id=\"H58B5C17ADFF14122B28A6E57E3B2E57C\">\n <enum>\n (c)\n </enum>\n <header>\n Strategy to reduce crude oil purchases from Iran or of Iranian origin\n </header>\n <paragraph id=\"HE3D3B352F9BA4E62A31DE378BAC9A778\">\n <enum>\n (1)\n </enum>\n <header>\n Statement of policy\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the policy of the United States to seek to ensure that countries that have received an exception under subparagraph (D)(i)(I) of section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/81\">\n Public Law 112–81\n </external-xref>\n ; 125 Stat. 1648) shall reduce their crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subparagraph (E)(ii) of such section (as added by paragraph (2) of this subsection).\n </text>\n </paragraph>\n <paragraph id=\"HBF249039A1644C36BA9620843EF17F8A\">\n <enum>\n (2)\n </enum>\n <header>\n Amendment\n </header>\n <text>\n Section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/112/81\">\n Public Law 112–81\n </external-xref>\n ; 125 Stat. 1648) is amended by adding at the end the following new subparagraph:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H89D34CC9DA3747979B383616A3CD9E3B\" style=\"OLC\">\n <subparagraph id=\"HD8CBF337D4DB48F184DA03D1A56501BE\">\n <enum>\n (E)\n </enum>\n <header>\n Strategy to reduce crude oil purchases from Iran or of Iranian origin\n </header>\n <clause id=\"HB6FF1BB42D1C465EB2C7B3AF1D13DEDD\">\n <enum>\n (i)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 30 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, the President shall make a determination, based on the information contained in the most recent report required under subparagraph (A), of whether each country that received an exception under subparagraph (D)(i)(I) before such date of enactment is able to reduce its crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in clause (ii). If the President makes an initial determination under this clause that the requirements of this clause cannot be met, then the President shall continue to make a determination under this clause every 90 days thereafter as to whether or not the requirements of this clause can be met.\n </text>\n </clause>\n <clause id=\"HB14E2557AA9D492A86AE1BB7D50771B5\">\n <enum>\n (ii)\n </enum>\n <header>\n Strategy\n </header>\n <text display-inline=\"yes-display-inline\">\n If the President determines that the requirements of clause (i) can be met, then not later than 60 days after the date of such affirmative determination, the President shall develop and submit to the appropriate congressional committees a strategy to seek to ensure that the requirements of clause (i) are met by the end of the 1-year period beginning on such date of submission.\n </text>\n </clause>\n <clause id=\"H896C5EC8DB144AE285C40D10386FCC07\">\n <enum>\n (iii)\n </enum>\n <header>\n Future exceptions\n </header>\n <subclause id=\"HDE02E83CFF424AD4B1C9BAA64F5FF497\">\n <enum>\n (I)\n </enum>\n <header>\n Affirmative determination\n </header>\n <text display-inline=\"yes-display-inline\">\n If the President determines that the strategy described in clause (ii) was achieved, then each country described in clause (i) shall be eligible to receive one or more further exceptions under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph.\n </text>\n </subclause>\n <subclause id=\"H3F79470F9BAB44B08BFF6A80F5E3F155\">\n <enum>\n (II)\n </enum>\n <header>\n Negative determination\n </header>\n <text display-inline=\"yes-display-inline\">\n Except as provided in subclause (III), if the President determines that the strategy described in clause (ii) was not achieved, then each country described in clause (i) shall be ineligible to receive any further exception under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph.\n </text>\n </subclause>\n <subclause id=\"H4CBD480806BE4E31AD193328D49CCCE9\">\n <enum>\n (III)\n </enum>\n <header>\n Exception\n </header>\n <item id=\"HAAF61EA649CF42669EC785C80E0E1CC5\">\n <enum>\n (aa)\n </enum>\n <header>\n In general\n </header>\n <text>\n Subclause (II) shall not apply with respect to a country described in clause (i) if the country—\n </text>\n <subitem id=\"H35E5E8ECAE77433C8769B7553266A5D7\">\n <enum>\n (AA)\n </enum>\n <text>\n dramatically reduced its crude oil purchases from Iran or of Iranian origin during the 1-year period described in clause (ii); and\n </text>\n </subitem>\n <subitem id=\"HAC632B13205946628032A51FC16CD7F8\">\n <enum>\n (BB)\n </enum>\n <text display-inline=\"yes-display-inline\">\n has committed itself to continue to reduce its crude oil purchases from Iran or of Iranian origin to a de minimis level.\n </text>\n </subitem>\n </item>\n <item id=\"HAF6A6C5FC63A42C5867D8CC98CCB1B75\">\n <enum>\n (bb)\n </enum>\n <header>\n Data\n </header>\n <text>\n The President shall submit to the appropriate congressional committees all data used to make a determination under item (aa) not later than 15 days before issuing an exception under item (aa).\n </text>\n </item>\n </subclause>\n </clause>\n <clause id=\"H69880A7BECF14791B150B75F678822BF\">\n <enum>\n (iv)\n </enum>\n <header>\n Appropriate congressional committees\n </header>\n <text>\n In this subparagraph, the term\n <term>\n appropriate congressional committees\n </term>\n means—\n </text>\n <subclause id=\"H1D3CAE34C9BB4E84A4794E912B78EC12\">\n <enum>\n (I)\n </enum>\n <text>\n the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and\n </text>\n </subclause>\n <subclause id=\"HEDE4BEA3BA3A4AE3BE951FA9CC61D0A2\">\n <enum>\n (II)\n </enum>\n <text>\n the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.\n </text>\n </subclause>\n </clause>\n </subparagraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"HAE0CF6F835AE4AFE914D18283CBBF7B6\">\n <enum>\n (d)\n </enum>\n <header>\n Definition of crude oil\n </header>\n <text>\n Section 1245(d)(4)(D) of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513a\">\n 22 U.S.C. 8513a(d)(4)(D)\n </external-xref>\n ) is amended by adding at the end the following new clause:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H2EA7E4F3665E4C76BA4AD6F2D07C867D\" style=\"OLC\">\n <clause id=\"HC752A39C81304D628393854DF79844F2\">\n <enum>\n (iii)\n </enum>\n <header>\n Crude oil\n </header>\n <text display-inline=\"yes-display-inline\">\n In this subparagraph, the term\n <quote>\n crude oil\n </quote>\n includes unfinished oils, liquefied petroleum gases, distillate fuel oil, and residual fuel oil.\n </text>\n </clause>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HE09A1F27759D40B18D3CFE943BBBFFA9\">\n <enum>\n (e)\n </enum>\n <header>\n Waiver\n </header>\n <text>\n Section 1245(d)(5)(A) of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513a\">\n 22 U.S.C. 8513a(d)(5)(A)\n </external-xref>\n ) is amended by striking\n <quote>\n in the national\n </quote>\n and inserting\n <quote>\n vital to the national\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H5E4C6D9681414D22BC48580CAC50847C\">\n <enum>\n (f)\n </enum>\n <header>\n Definitions of\n <quote>\n significant reduction\n </quote>\n </header>\n <text>\n Section 1245(h)(3) of the National Defense Authorization Act for Fiscal Year 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8513a\">\n 22 U.S.C. 8513a(h)(3)\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H6FF29E43380F457ABCA697463A0891D6\">\n <enum>\n (1)\n </enum>\n <text>\n by striking\n <quote>\n price or volume\n </quote>\n and inserting\n <quote>\n price and volume\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H3F90CA4D62A34AE68A31BA9D74640743\">\n <enum>\n (2)\n </enum>\n <text>\n by adding at the end before the period the following:\n <quote>\n and at least a pro rata amount totaling, in the aggregate, not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subsection (d)(4)(E)(ii)\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HC8F285AA97E4491AB80F74C7128720C2\">\n <enum>\n (g)\n </enum>\n <header>\n Effective date\n </header>\n <text display-inline=\"yes-display-inline\">\n The amendments made by this section take effect beginning on the date that is 180 days after the date of the enactment of this Act.\n </text>\n </subsection>\n </section>\n <section id=\"HB373A65F515E44B9BDC3579DE1CA2180\">\n <enum>\n 222.\n </enum>\n <header>\n Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran\n </header>\n <subsection id=\"H1C554579B83A4A5BA193AE3C108C56F2\">\n <enum>\n (a)\n </enum>\n <header>\n Findings\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection (a)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8803\">\n 22 U.S.C. 8803\n </external-xref>\n ) is amended by striking\n <quote>\n and shipbuilding\n </quote>\n and inserting\n <quote>\n shipbuilding, automotive, construction, engineering, or mining\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H38CD942DA0134EF39683400DCCEABB39\">\n <enum>\n (b)\n </enum>\n <header>\n Designation of ports, special economic zones, free economic zones, and entities in strategic sectors as entities of proliferation concern\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection (b) of such section is amended—\n </text>\n <paragraph id=\"HE2E93DC3A5654BBAAD63ADC2160EF70C\">\n <enum>\n (1)\n </enum>\n <text>\n in the subsection heading, by striking\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n and entities in the energy, shipping, and shipbuilding sectors\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n , special economic zones, free economic zones, and entities in strategic sectors\n </header-in-text>\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H163A6EA1ECA34CBA88F26BC45E686358\">\n <enum>\n (2)\n </enum>\n <text>\n by striking\n <quote>\n and entities in the energy, shipping, and shipbuilding sectors\n </quote>\n and inserting\n <quote>\n , entities that operate special economic zones or free economic zones, and entities in strategic sectors (as defined in subsection (c)(4))\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H56DC14321ECA49629274F174D6174E4F\">\n <enum>\n (c)\n </enum>\n <header>\n Blocking of property of ports, special economic zones, free economic zones, and entities in strategic sectors\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection (c) of such section is amended—\n </text>\n <paragraph id=\"HED6A63C5AE604108A5DCCE7A9E47FDE8\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in the subsection heading, by striking\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n entities in energy, shipping, and shipbuilding sectors\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n ports, special economic zones, free economic zones, and entities in strategic sectors\n </header-in-text>\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"H79D6C78E6A1B4BD589E7EC66B54FB629\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (2)—\n </text>\n <subparagraph id=\"HB868CD0F4BDC4349B21DF405ABF668BC\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n the energy, shipping, or shipbuilding sectors\n </quote>\n each place it appears and inserting\n <quote>\n a strategic sector (as defined in paragraph (4)(A))\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"HAB1D6E7C7B304DC09F751552541442CC\">\n <enum>\n (B)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by inserting\n <quote>\n , special economic zone, or free economic zone\n </quote>\n after\n <quote>\n port\n </quote>\n each place it appears; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H834E6CA12F0F40D0A70C38F3522D3E04\">\n <enum>\n (3)\n </enum>\n <text>\n by adding at the end the following new paragraphs:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H029CA69DA7664B53A1FF2AB7E609DA81\" style=\"OLC\">\n <paragraph id=\"H2B0203D8B5F54343A810855B481F348C\">\n <enum>\n (4)\n </enum>\n <header>\n Strategic sector defined\n </header>\n <text>\n In this section, the term\n <quote>\n strategic sector\n </quote>\n means—\n </text>\n <subparagraph id=\"H764F4FD212604BE7A3B091AA571380C6\">\n <enum>\n (A)\n </enum>\n <text>\n the energy, shipping, shipbuilding, automotive, or mining sector of Iran;\n </text>\n </subparagraph>\n <subparagraph id=\"HB84994D0CC554507935C55633E20BF96\">\n <enum>\n (B)\n </enum>\n <text>\n the construction or engineering sector of Iran if the President determines and reports to Congress not later than 45 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013 that the construction or engineering sector of Iran, as the case may be, is of strategic importance to Iran; and\n </text>\n </subparagraph>\n <subparagraph id=\"H31D5E19438D44ED1A16AD35A7225B6A6\">\n <enum>\n (C)\n </enum>\n <text>\n any other sector that the President designates as of strategic importance to Iran.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H051DB06FB70749D6BABF7484C7FF8866\">\n <enum>\n (5)\n </enum>\n <header>\n Notification and report relating to strategic sectors\n </header>\n <subparagraph id=\"H357C8A4FA934401DA50461F63C4E3331\">\n <enum>\n (A)\n </enum>\n <header>\n Notification\n </header>\n <text display-inline=\"yes-display-inline\">\n The President shall submit to Congress a notification of the designation of a sector as a strategic sector of Iran for purposes of paragraph (4)(C) not later than 30 days after the date on which the President makes such designation.\n </text>\n </subparagraph>\n <subparagraph id=\"H8F34F08E978C4F0EA4220922CF712438\">\n <enum>\n (B)\n </enum>\n <header>\n Report\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 90 days after the date on which the President submits to Congress a notification of the designation of a sector as a strategic sector of Iran under subparagraph (A), the Comptroller General of the United States shall submit to Congress a report that contains—\n </text>\n <clause id=\"H7B01BD9F33B64884AD098260CAEE1DF7\">\n <enum>\n (i)\n </enum>\n <text>\n a review and comment on such designation; and\n </text>\n </clause>\n <clause id=\"HA969ECCB5333414482EB1234F28A3132\">\n <enum>\n (ii)\n </enum>\n <text>\n recommendations regarding the designation of additional sectors as strategic sectors of Iran for purposes of paragraph (4).\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H7E2B9195EBE549C7807B72B2A589BF20\">\n <enum>\n (d)\n </enum>\n <header>\n Additional sanctions with respect to strategic sectors\n </header>\n <text>\n Subsection (d) of such section is amended—\n </text>\n <paragraph id=\"H856B5120355D4D2181DE30EE67C07058\">\n <enum>\n (1)\n </enum>\n <text>\n in the subsection heading, by striking\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n the energy, shipping, and shipbuilding sectors\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"subsection\" style=\"OLC\">\n strategic sectors\n </header-in-text>\n </quote>\n ; and\n </text>\n </paragraph>\n <paragraph id=\"H509C9B7223104D8094693692D4D5DF0F\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (3), by striking\n <quote>\n the energy, shipping, or shipbuilding sectors\n </quote>\n and inserting\n <quote>\n a strategic sector (as defined in subsection (c)(4)(A))\n </quote>\n .\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HD2E5EBE1CAD54E8A947314C41149A528\">\n <enum>\n (e)\n </enum>\n <header>\n Exception for Afghanistan reconstruction\n </header>\n <text>\n Subsection (f) of such section is amended—\n </text>\n <paragraph id=\"H3B63B4895F0F41D8A653E9432588C8D2\">\n <enum>\n (1)\n </enum>\n <text>\n in the matter preceding paragraph (1), by inserting\n <quote>\n for a period of not more than 1 year, and may renew that exception for additional periods of not more than 1 year\n </quote>\n after\n <quote>\n economic development for Afghanistan\n </quote>\n ;\n </text>\n </paragraph>\n <paragraph id=\"HE52F1B3AE1594ABEA11FC40DEE88434A\">\n <enum>\n (2)\n </enum>\n <text>\n in paragraph (1)—\n </text>\n <subparagraph id=\"H018B9460578D405DAAF2755FACB74133\">\n <enum>\n (A)\n </enum>\n <text>\n by striking\n <quote>\n to the extent that\n </quote>\n and inserting\n <quote>\n if\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"HD94778194F4B4D5DB80640D472130B68\">\n <enum>\n (B)\n </enum>\n <text>\n by inserting\n <quote>\n or the renewal of the exception, as the case may be,\n </quote>\n after\n <quote>\n such an exception\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph id=\"H5EE5861EF43A48FA95FA16A8829F247E\">\n <enum>\n (C)\n </enum>\n <text>\n by striking\n <quote>\n in the national interest\n </quote>\n and inserting\n <quote>\n in the national security interest\n </quote>\n ; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H8AB7031A6F7C4BE8B64D613644F07A41\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in paragraph (2)—\n </text>\n <subparagraph id=\"HB0D00915D7D14FD3998F65A49F3FD1E5\">\n <enum>\n (A)\n </enum>\n <text>\n by inserting\n <quote>\n or the renewal of the exception, as the case may be,\n </quote>\n before\n <quote>\n not later than 15 days\n </quote>\n ; and\n </text>\n </subparagraph>\n <subparagraph commented=\"no\" id=\"H601DF9B51DF745F1BEF917A05BF91B52\">\n <enum>\n (B)\n </enum>\n <text>\n by inserting at the end before the period the following:\n <quote>\n or the renewal of the exception\n </quote>\n .\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"HB92E9C9060EC4CDBA2CC43384E409616\">\n <enum>\n (f)\n </enum>\n <header>\n Conforming amendment\n </header>\n <text display-inline=\"yes-display-inline\">\n Such section is further amended in the section heading by striking\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n the energy, shipping, and shipbuilding sectors\n </header-in-text>\n </quote>\n and inserting\n <quote>\n <header-in-text level=\"section\" style=\"OLC\">\n ports, special economic zones, free economic zones, and strategic sectors\n </header-in-text>\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H8C574191E56D4989ABE371FB3CB0326F\">\n <enum>\n (g)\n </enum>\n <header>\n Effective date\n </header>\n <text>\n The amendments made by this section—\n </text>\n <paragraph id=\"HA2F7ECFA35644A0B83732BC4F27FEECF\">\n <enum>\n (1)\n </enum>\n <text>\n take effect on the date that is 90 days after the date of the enactment of this Act; and\n </text>\n </paragraph>\n <paragraph id=\"H8F992993D245458D85727934E206DE04\">\n <enum>\n (2)\n </enum>\n <subparagraph display-inline=\"yes-display-inline\" id=\"H14C8A0B89176460EB655B5E4C823C6DD\">\n <enum>\n (A)\n </enum>\n <text>\n with respect to subsection (c) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, as so amended, apply with respect to all transactions in all property and interests in property of any person described in subsection (c)(2) of such section that occur on or after the date that is 180 days after such date of enactment; and\n </text>\n </subparagraph>\n <subparagraph id=\"HDBBFEA8ED5A04B00BB78D6CB32C63114\" indent=\"up1\">\n <enum>\n (B)\n </enum>\n <clause display-inline=\"yes-display-inline\" id=\"H303F50744A3F4EB490C156673FA9839E\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n with respect to subsection (d)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment; and\n </text>\n </clause>\n <clause id=\"HD24715905DD841AB9964E39206EF780C\" indent=\"up1\">\n <enum>\n (ii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n with respect to subsection (d)(2) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the conduct or facilitation of a significant financial transaction for the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n </subsection>\n </section>\n <section id=\"HA373143736B94CC892FCFF7F87AFF39C\">\n <enum>\n 223.\n </enum>\n <header>\n Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran\n </header>\n <text display-inline=\"no-display-inline\">\n Section 1245 of the National Defense Authorization Act for Fiscal Year 2013 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8804\">\n 22 U.S.C. 8804\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H2B804EA4019E4D2597C08CDBEAB0AAF1\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating subsection (h) as subsection (i); and\n </text>\n </paragraph>\n <paragraph id=\"H6E0F84B0B56946C1A37E9902AB2EA584\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after subsection (g) the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"HF4B4F5B1C35F4DB5959DB1F633D2CA43\" style=\"OLC\">\n <subsection id=\"HFE3FEBE0062A47B48BB380B8C7EB77D4\">\n <enum>\n (h)\n </enum>\n <header>\n Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran\n </header>\n <paragraph id=\"HFD451CD275D647F799612D664DF17C51\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n Not later than 90 days after the date of the enactment of Nuclear Iran Prevention Act of 2013, and every 90 days thereafter, the President shall submit to the appropriate congressional committees a report on each determination of the President during the preceding 90-day period not to impose sanctions under subsection (a) or (c) with respect to a person who allegedly sells, supplies, or transfers precious metals, directly or indirectly, to or from Iran, together with the reasons for such determination.\n </text>\n </paragraph>\n <paragraph id=\"HCB169D6B38664D139AA78C23965AC71C\">\n <enum>\n (2)\n </enum>\n <header>\n Form\n </header>\n <text>\n The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary.\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"HBF9FE674EB3C4E6A8BC1F23FEFB8D87E\">\n <enum>\n 224.\n </enum>\n <header>\n Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals\n </header>\n <text display-inline=\"no-display-inline\">\n Section 1247 of the National Defense Authorization Act for Fiscal Year 2013 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8806\">\n 22 U.S.C. 8806\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H04388D64F9EA49DE9B46735688340CE3\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating subsection (f) as subsection (g); and\n </text>\n </paragraph>\n <paragraph id=\"HDD2A38D3883241158743D4051051B86F\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after subsection (e) the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H21CAF37B7D714D9EB33A7D96A8C83BCA\" style=\"OLC\">\n <subsection id=\"H1D40DC3586C34739AD03C84F409035EE\">\n <enum>\n (f)\n </enum>\n <header>\n Persons owned or controlled by specially designated nationals\n </header>\n <paragraph id=\"HDF397083586549A38E2319C949B55B1C\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n The President shall impose sanctions described in subsection (a) with respect to a foreign financial institution, including but not limited to a foreign central bank, that the President determines has, on or after the date that is 90 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly facilitated a significant financial transaction on behalf of any person determined by the President to be directly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)).\n </text>\n </paragraph>\n <paragraph id=\"H128B4F8834084891A35F2D2F8D96E594\">\n <enum>\n (2)\n </enum>\n <header>\n Sense of Congress\n </header>\n <text display-inline=\"yes-display-inline\">\n It is the sense of Congress that the President routinely should determine on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013 those persons that are directly or indirectly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)).\n </text>\n </paragraph>\n <paragraph id=\"H277F6E103DDB42A1821098A9D3144FF5\">\n <enum>\n (3)\n </enum>\n <header>\n Consideration of data from other countries and nongovernmental organizations\n </header>\n <text>\n The President shall consider credible data already obtained by other countries and nongovernmental organizations in making determinations described in paragraph (1).\n </text>\n </paragraph>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </section>\n <section id=\"H7C56C7395F014D0C806033B14DA5567A\">\n <enum>\n 225.\n </enum>\n <header>\n Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013\n </header>\n <text display-inline=\"no-display-inline\">\n Subtitle D of title XII of the National Defense Authorization Act for Fiscal Year 2013 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8801\">\n 22 U.S.C. 8801 et seq.\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H5B4DFB731FFD4D7EAE86F940DE031DAB\">\n <enum>\n (1)\n </enum>\n <text>\n in section 1244—\n </text>\n <subparagraph id=\"HCED448F61663436E95337B0DBA0CB7E5\">\n <enum>\n (A)\n </enum>\n <text>\n in subsection (c)(1)—\n </text>\n <clause id=\"HBF4E6D7DE0964974875A6CACB761D728\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking\n <quote>\n (1)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Blocking of property\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n On and after\n </quote>\n and inserting\n <quote>\n (1)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Blocking of property\n </header-in-text>\n .—On and after\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"H15FBF90A035D42E4BE1A5022AD07F3A3\">\n <enum>\n (ii)\n </enum>\n <text>\n by striking subparagraph (B); and\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H9DA2A292FE6741E89931C126C87A7CF5\">\n <enum>\n (B)\n </enum>\n <text>\n in subsection (d)(1)—\n </text>\n <clause id=\"HA8DBAB25885C46B8A5A9A006CEB9802A\">\n <enum>\n (i)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking\n <quote>\n (1)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Sale, supply, or transfer of certain goods and services\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n Except as provided\n </quote>\n and inserting\n <quote>\n (1)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n Sale, supply, or transfer of certain goods and services\n </header-in-text>\n .—Except as provided\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"H4A56330C30164356B8F8AE0FA9BEC5CE\">\n <enum>\n (ii)\n </enum>\n <text>\n by striking subparagraph (B);\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H78ABDE0B2CF44E8388DF85BE4936E59A\">\n <enum>\n (2)\n </enum>\n <text>\n in section 1245(a)—\n </text>\n <subparagraph id=\"H1E8A4F708E0749E3939407AA7BF2762B\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking\n <quote>\n (a)\n <header-in-text level=\"subsection\" style=\"OLC\">\n sale, supply, or transfer of certain materials\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n The President\n </quote>\n and inserting\n <quote>\n (a)\n <header-in-text level=\"subsection\" style=\"OLC\">\n sale, supply, or transfer of certain materials\n </header-in-text>\n .—The President\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"HD36E5C5DB7A2498FBFCDE3813F43FADD\">\n <enum>\n (B)\n </enum>\n <text>\n by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly);\n </text>\n </subparagraph>\n <subparagraph id=\"HC14463821D5A48238A1758851E5184D5\">\n <enum>\n (C)\n </enum>\n <text>\n in paragraph (3)(B) (as redesignated)—\n </text>\n <clause id=\"H7D54788153474AAE8AC7C543D55C0591\">\n <enum>\n (i)\n </enum>\n <text>\n in clause (i), by striking\n <quote>\n subclause (I) of clause (i)\n </quote>\n and inserting\n <quote>\n clause (i) of subparagraph (A)\n </quote>\n ;\n </text>\n </clause>\n <clause id=\"H1DC2AD86BEE24122B8982119C28E4EC2\">\n <enum>\n (ii)\n </enum>\n <text>\n in clause (ii), by striking\n <quote>\n subclause (II) of that clause\n </quote>\n and inserting\n <quote>\n clause (ii) of that subparagraph\n </quote>\n ; and\n </text>\n </clause>\n <clause id=\"H4E04598A9DB6468094B6AE716591E7A8\">\n <enum>\n (iii)\n </enum>\n <text display-inline=\"yes-display-inline\">\n in clause (iii), by striking\n <quote>\n subclause (III) of that clause\n </quote>\n and inserting\n <quote>\n clause (iii) of that subparagraph\n </quote>\n ; and\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H868811E32ACB457BB7BDAD6D80904E61\">\n <enum>\n (D)\n </enum>\n <text>\n by striking\n <quote>\n (2)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n exception\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n paragraph (1).\n </quote>\n ; and\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H0BBA381CD4B6444AAE7D6B88DFD96F9F\">\n <enum>\n (3)\n </enum>\n <text>\n in section 1246(a)—\n </text>\n <subparagraph id=\"H10BCADE210DF4693B5EDA2E8CD304773\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n by striking\n <quote>\n (a)\n <header-in-text level=\"subsection\" style=\"OLC\">\n imposition of sanctions\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n Except as provided\n </quote>\n and inserting\n <quote>\n (a)\n <header-in-text level=\"subsection\" style=\"OLC\">\n imposition of sanctions\n </header-in-text>\n .—Except as provided\n </quote>\n ;\n </text>\n </subparagraph>\n <subparagraph id=\"H52ABC794B0474D75A5B6A0E5B1321080\">\n <enum>\n (B)\n </enum>\n <text>\n by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); and\n </text>\n </subparagraph>\n <subparagraph id=\"HAF9C57E29F3B48DD8F14A3D2AC886CFA\">\n <enum>\n (C)\n </enum>\n <text>\n by striking\n <quote>\n (2)\n <header-in-text level=\"paragraph\" style=\"OLC\">\n exception\n </header-in-text>\n .—\n </quote>\n and all that follows through\n <quote>\n paragraph (1).\n </quote>\n ; and\n </text>\n </subparagraph>\n </paragraph>\n </section>\n <section id=\"H708C067937FC40B59872C44F3ADB9056\">\n <enum>\n 226.\n </enum>\n <header>\n Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran\n </header>\n <subsection id=\"H741E53484D1A408EA4BC9C0720C69090\">\n <enum>\n (a)\n </enum>\n <header>\n Modification of federal acquisition regulation\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person under common ownership or control with the person, does not sell goods, services, or technology to, or conduct any other transaction with, Iran for which sanctions may be imposed under this Act.\n </text>\n </subsection>\n <subsection id=\"H2B70531F865E4686820D62E945DE9AA4\">\n <enum>\n (b)\n </enum>\n <header>\n Remedies\n </header>\n <paragraph id=\"HFB873E414A3F4F4190C2C0DB2D70DEFE\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n If the head of an executive agency determines that a person has submitted a false certification under subsection (a) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this section becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations.\n </text>\n </paragraph>\n <paragraph id=\"HB7CF57B6BF7A438281B27E16B2D0044A\">\n <enum>\n (2)\n </enum>\n <header>\n Inclusion on list of parties excluded from federal procurement and nonprocurement programs\n </header>\n <text>\n The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under paragraph (1).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HFC0B0E876B8A4ADDA1F0CCF382BA270F\">\n <enum>\n (c)\n </enum>\n <header>\n Rule of construction\n </header>\n <text>\n This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (a).\n </text>\n </subsection>\n <subsection id=\"HBDD2C858C0914A3AAC541D8C90634D3A\">\n <enum>\n (d)\n </enum>\n <header>\n Waivers\n </header>\n <paragraph id=\"HF1AA6B06E4724B21BCFB1089AC23E5D5\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n The President may on a case-by-case basis waive the requirement that a person make a certification under subsection (a) if the President determines and certifies in writing to the congressional committees described in paragraph (2) that it is essential to the national security interests of the United States to do so.\n </text>\n </paragraph>\n <paragraph id=\"H63F1CC43C4304EDB8CC7C052523C0E1D\">\n <enum>\n (2)\n </enum>\n <header>\n Congressional committees described\n </header>\n <text display-inline=\"yes-display-inline\">\n The congressional committees referred to in paragraph (1) are—\n </text>\n <subparagraph id=\"H94FE94D458FC4730B8CA882BF0E8E44F\">\n <enum>\n (A)\n </enum>\n <text display-inline=\"yes-display-inline\">\n the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Oversight and Government Reform of the House of Representatives; and\n </text>\n </subparagraph>\n <subparagraph id=\"HFBF744B8B3264AE9B1D4D8592E92E2EB\">\n <enum>\n (B)\n </enum>\n <text>\n the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" id=\"H0F1A38617CCA4CCE8AB609604B79A741\">\n <enum>\n (e)\n </enum>\n <header>\n Definitions\n </header>\n <text>\n In this section:\n </text>\n <paragraph commented=\"no\" display-inline=\"no-display-inline\" id=\"HBB9B928A902E4E00AA4CEFA3088A5DC4\">\n <enum>\n (1)\n </enum>\n <header>\n Executive agency\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n executive agency\n </term>\n has the meaning given that term in\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/41/133\">\n section 133\n </external-xref>\n of title 41, United States Code.\n </text>\n </paragraph>\n <paragraph commented=\"no\" display-inline=\"no-display-inline\" id=\"H9CF7953AA845472BA959847B3B3B15F6\">\n <enum>\n (2)\n </enum>\n <header>\n Federal Acquisition Regulation\n </header>\n <text display-inline=\"yes-display-inline\">\n The term\n <term>\n Federal Acquisition Regulation\n </term>\n means the regulation issued pursuant to\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/41/1303\">\n section 1303(a)(1)\n </external-xref>\n of title 41, United States Code.\n </text>\n </paragraph>\n </subsection>\n <subsection commented=\"no\" id=\"HD429E318D3E34E45A8F46A11E100B63A\">\n <enum>\n (f)\n </enum>\n <header>\n Applicability\n </header>\n <text>\n The revisions to the Federal Acquisition Regulation required under subsection (a) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of this Act.\n </text>\n </subsection>\n </section>\n <section id=\"HA8B394913C7E4D21BDE225F9F9BD233D\">\n <enum>\n 227.\n </enum>\n <header>\n Conditions for entry and operation of vessels\n </header>\n <subsection id=\"H7454BCF15C4A4FE5B8BD7DF92E2DECCD\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n The Ports and Waterways Safety Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/33/1221\">\n 33 U.S.C. 1221 et seq.\n </external-xref>\n ) is amended by adding at the end the following:\n </text>\n <quoted-block id=\"H0DE8EBF62BFA47E492DE1D13721FBB76\" style=\"OLC\">\n <section id=\"HC6FF843AA34B4063A7CB0B2E39D582B0\">\n <enum>\n 16.\n </enum>\n <header>\n Prohibition on entry and operation\n </header>\n <subsection id=\"H29C852E4C0484CDDB879988DD81EEE2F\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text>\n No foreign vessel described in subsection (b) shall enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States.\n </text>\n </subsection>\n <subsection id=\"H05157A88F6D54CF193486C0B88663488\">\n <enum>\n (b)\n </enum>\n <header>\n Vessels described\n </header>\n <text>\n A vessel referred to in subsection (a) is a foreign vessel—\n </text>\n <paragraph id=\"H6257B83F5E1246D0A6E5E1676F358B40\">\n <enum>\n (1)\n </enum>\n <text>\n for which a Notice of Arrival is required to be filed under\n <external-xref legal-doc=\"regulation\" parsable-cite=\"cfr/33/160\">\n section 160\n </external-xref>\n of title 33, Code of Federal Regulations, as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013; and\n </text>\n </paragraph>\n <paragraph id=\"H26E72A7E71784B919DCBD63CFDB54AA2\">\n <enum>\n (2)\n </enum>\n <text>\n that is knowingly registered, pursuant to the Geneva Convention on the High Seas (13 U.S.T. 2312; TIAS 5200; 450 UNTS 82), by a ship registry that is maintaining a registration of a vessel that is included in the list published under subsection (c).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H2983C9E607A142A2BE67FDA31830AFBD\">\n <enum>\n (c)\n </enum>\n <header>\n Notification of governments\n </header>\n <text>\n The Secretary of Transportation, in consultation with the Secretary of State, shall—\n </text>\n <paragraph id=\"H88CAB5729F7542CBB02C9B0D9247FCF8\">\n <enum>\n (1)\n </enum>\n <text>\n maintain timely information on registrations of all foreign vessels over 300 gross tons that are—\n </text>\n <subparagraph id=\"HCE8C99529D9547ADBE8D63D87B8A266A\">\n <enum>\n (A)\n </enum>\n <text>\n owned or operated by or on behalf of—\n </text>\n <clause id=\"H1E28EBF7670F48DAA1139D10BAF03CEF\">\n <enum>\n (i)\n </enum>\n <text>\n the National Iran Tanker Company or the Islamic Republic of Iran Shipping Line; or\n </text>\n </clause>\n <clause id=\"H1871DF5F310E4E09843E0AF306B446C5\">\n <enum>\n (ii)\n </enum>\n <text>\n any successor to an entity referred to in clause (i); or\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"H95F9DDA7221746E98FCE491F99911F49\">\n <enum>\n (B)\n </enum>\n <text>\n otherwise owned or operated by or on behalf of Iran;\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"HF9CF420A4535424E97DC5BDDDAB0ABD7\">\n <enum>\n (2)\n </enum>\n <text>\n notify each government the agents or instrumentalities of which are maintaining a registration of a foreign vessel described in paragraph (1), that all vessels registered under such government’s authority are prohibited from entering or operating in the navigable waters of the United States or transferring cargo in any port or place under the jurisdiction of the United States; and\n </text>\n </paragraph>\n <paragraph id=\"HEA9D9A1D0FC942B3984339E99E455282\">\n <enum>\n (3)\n </enum>\n <text>\n publish in the Federal Register a list of vessels described in paragraph (1), including periodic updates of such list.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H018EECA5C35C46678C3B9BC5344093CD\">\n <enum>\n (d)\n </enum>\n <header>\n Notification of vessels\n </header>\n <paragraph id=\"H91CC90F159C9467591B4EB39319258FD\">\n <enum>\n (1)\n </enum>\n <header>\n In general\n </header>\n <text>\n Except as provided in paragraphs (2) and (3), upon receiving a Notice of Arrival under\n <external-xref legal-doc=\"regulation\" parsable-cite=\"cfr/33/160\">\n section 160\n </external-xref>\n of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013) from a vessel described in (b), the Secretary shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States.\n </text>\n </paragraph>\n <paragraph id=\"HCF90C65CF3484594BF5DD3D2463F8357\">\n <enum>\n (2)\n </enum>\n <header>\n Provisional entry\n </header>\n <text>\n The Secretary may allow provisional entry of, or transfer of cargo from, a foreign vessel described in subsection (b) if such entry or transfer is necessary for the safety of the vessel or persons aboard.\n </text>\n </paragraph>\n <paragraph commented=\"no\" id=\"HB8D29BE3EE0646379A6158A2663B526B\">\n <enum>\n (3)\n </enum>\n <header>\n Entry for due diligence\n </header>\n <text>\n The Secretary may allow entry of, and transfer of cargo from, a vessel described in subsection (b) if the master shows the owner and operator of the vessel exercised due diligence to avoid registration of the vessel by a registry that registers vessels described in subsection (c).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HA0BFB0F4A08D4F8FA82FC714B694125C\">\n <enum>\n (e)\n </enum>\n <header>\n Right of innocent passage\n </header>\n <text>\n This section shall not be construed as authority to restrict the right of innocent passage as recognized under international law.\n </text>\n </subsection>\n <subsection id=\"H8CF438902E204945B655B42F7242A162\">\n <enum>\n (f)\n </enum>\n <header>\n Foreign vessel defined\n </header>\n <text>\n In this section the term\n <quote>\n foreign vessel\n </quote>\n has the meaning given that term in\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/46/2101\">\n section 2101\n </external-xref>\n of title 46, United States Code.\n </text>\n </subsection>\n </section>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n <subsection id=\"HDBDA6556178F4137867D5BD4FA39744F\">\n <enum>\n (b)\n </enum>\n <header>\n Deadline for publication\n </header>\n <text>\n The Secretary shall publish a list under section 16(c)(3) of the Ports and Waters Safety Act, as amended by this section, by not later than 30 days after the date of the enactment of this Act.\n </text>\n </subsection>\n <subsection id=\"H43B5F4DB0FFE4F6B9345C672D593430A\">\n <enum>\n (c)\n </enum>\n <header>\n Limitation on application of prohibition\n </header>\n <text display-inline=\"yes-display-inline\">\n Subsection (a) of section 16 of the Ports and Waters Safety Act, as amended by this section, shall not apply until 90 days after the date of publication of the list required by subsection (c) of such section.\n </text>\n </subsection>\n </section>\n </subtitle>\n \n \n <enum>\n III\n </enum>\n <header>\n Additional authorities to prevent censorship activities in Iran\n </header>\n <section id=\"H3C4625E16AE540D4888229ED1FE76297\">\n <enum>\n 301.\n </enum>\n <header>\n Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting\n </header>\n <subsection id=\"HD97873C973354B219675A59C18D7DEC8\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the following:\n </text>\n <paragraph id=\"HB36B151F716B4FC5BB8D749AE3A46114\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n The current status of availability of the Islamic Republic of Iran Broadcasting (IRIB) on international satellites, entities that facilitate its operation by providing services or equipment, and the technical means that it engages in jamming.\n </text>\n </paragraph>\n <paragraph id=\"HC616BCA47F4C4A1A90C2D53812BC928D\">\n <enum>\n (2)\n </enum>\n <text>\n The instances, since January 1, 2012, in which the IRIB engaged in activities that violated Article 19 of the International Covenant on Civil and Political Rights, including broadcasting forced confessions and hate speech against minorities.\n </text>\n </paragraph>\n <paragraph id=\"HF46D9470594C464A806FA46C449A3C48\">\n <enum>\n (3)\n </enum>\n <text>\n The instances, since January 1, 2012, in which international broadcasting programs originating from the United States and Europe have been subject to disruption in Iran, with relevant details such as which programs were disrupted, available location information on the origin of the disruption, and the extent of the disruption.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"HC6782F298A954B9384424E7A018B3BF3\">\n <enum>\n (b)\n </enum>\n <header>\n Coordination\n </header>\n <text display-inline=\"yes-display-inline\">\n In developing the report required by subsection (a), the Secretary of State shall coordinate with the Broadcasting Board of Governors, the Secretary of the Treasury, and the heads of other relevant Federal departments and agencies.\n </text>\n </subsection>\n <subsection id=\"H61ACBED567DA48D3A432CA25B6C22170\">\n <enum>\n (c)\n </enum>\n <header>\n Public availability\n </header>\n <text display-inline=\"yes-display-inline\">\n All unclassified portions of the report required by subsection (a) shall be made publicly available on the Internet web site of the Department of State.\n </text>\n </subsection>\n </section>\n <section id=\"H9D842907081B4F8AB1B314DF7BFAEA00\">\n <enum>\n 302.\n </enum>\n <header>\n List of persons who are high-risk re-exporters of sensitive technologies\n </header>\n <subsection id=\"H310A057FC49146AB83500865EFA09184\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Commerce, in conjunction with the Secretary of State and the Secretary of the Treasury, shall make publicly available and update as appropriate a list of persons who are high-risk re-exporters of sensitive technologies in order to seek to ensure that the Government of Iran or an entity owned or controlled by that Government is unable to obtain sensitive technologies through the re-export of such sensitive technologies by third-party intermediaries.\n </text>\n </subsection>\n <subsection id=\"H7B2AA1DAEEDE46B08CF1792A05F5CEC4\">\n <enum>\n (b)\n </enum>\n <header>\n Definition\n </header>\n <text display-inline=\"yes-display-inline\">\n In this section, the term\n <quote>\n sensitive technology\n </quote>\n has the meaning given that term in section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8515\">\n 22 U.S.C. 8515\n </external-xref>\n ).\n </text>\n </subsection>\n </section>\n <section id=\"HD7BD534C40EE4F449E15959E7320A9D7\">\n <enum>\n 303.\n </enum>\n <header>\n Sense of Congress on provision of intercept technologies to Iran\n </header>\n <text display-inline=\"no-display-inline\">\n It is the sense of Congress that—\n </text>\n <paragraph id=\"HCC3EF8E1F4544BCDBCB9132656000D3E\">\n <enum>\n (1)\n </enum>\n <text display-inline=\"yes-display-inline\">\n those that provide intercept technologies that limit freedom of speech or expression to the Government of Iran should be held accountable for the repression of the Iranian people; and\n </text>\n </paragraph>\n <paragraph id=\"H85B2B5D083C84CC29D2BB20AA020A586\">\n <enum>\n (2)\n </enum>\n <text>\n no person should use an existing contract with the Government of Iran as a justification to continue to supply intercept technologies to the Government of Iran for purposes of restricting the free flow of information.\n </text>\n </paragraph>\n </section>\n <section id=\"H154A22AE930F4D26896755994425F986\">\n <enum>\n 304.\n </enum>\n <header>\n Sense of Congress on availability of consumer communication technologies in Iran\n </header>\n <text display-inline=\"no-display-inline\">\n It is the sense of Congress that—\n </text>\n <paragraph id=\"HCF58C69C0ABC4872BAF7C91AF0EB4731\">\n <enum>\n (1)\n </enum>\n <text>\n the Department of the Treasury and Department of State should encourage the free flow of information in Iran to counter the Government of Iran’s repression of its own people; and\n </text>\n </paragraph>\n <paragraph id=\"H0959ED70306C4EDD8E26C57E898A1FFC\">\n <enum>\n (2)\n </enum>\n <text>\n in order to facilitate the free flow of information in Iran, the Department of Treasury should ensure that certain consumer communication technologies are available to Iranian civil society and the Iranian people.\n </text>\n </paragraph>\n </section>\n <section id=\"H16D69FE72C094C5CA158F6AAAE905A5A\">\n <enum>\n 305.\n </enum>\n <header>\n Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate\n </header>\n <subsection id=\"HDEA2402223254FBF8DDAEAC22E82C447\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8753\">\n 22 U.S.C. 8753\n </external-xref>\n ) is amended—\n </text>\n <paragraph id=\"H804AFD378F504AC8B9C857C7F4B82520\">\n <enum>\n (1)\n </enum>\n <text>\n by redesignating subsection (e) as subsection (f); and\n </text>\n </paragraph>\n <paragraph id=\"HD5B5EDE8BDBA4A5D89FD7B081EDB4F37\">\n <enum>\n (2)\n </enum>\n <text>\n by inserting after subsection (d) the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H426F4C29D5C74DB19332FAF667AA627A\" style=\"OLC\">\n <subsection id=\"HD4C6F79C2D924780A4F1E966DCEDB22C\">\n <enum>\n (e)\n </enum>\n <header>\n Rule of construction\n </header>\n <text display-inline=\"yes-display-inline\">\n The expedited process for the consideration of complete requests for authorization to engage in the activities described in subsection (a) shall be construed to also apply to the transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate, obtain information, and access the Internet and other communications systems.\n </text>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </paragraph>\n </subsection>\n <subsection id=\"H903D366DD27D45648BB619C8248EA6D3\">\n <enum>\n (b)\n </enum>\n <header>\n Effective date\n </header>\n <text display-inline=\"yes-display-inline\">\n The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to requests described in section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012, as so amended, that are submitted to the Office of Foreign Assets Control on or after such date of enactment.\n </text>\n </subsection>\n </section>\n \n \n <enum>\n IV\n </enum>\n <header>\n Reports and other matters\n </header>\n <section id=\"HC829778A18AA467BAF9C1CE43519CB70\">\n <enum>\n 401.\n </enum>\n <header>\n National Strategy on Iran\n </header>\n <subsection id=\"HFB111BB1C638414D8A0EE32FE14EA530\">\n <enum>\n (a)\n </enum>\n <header>\n National strategy required\n </header>\n <text>\n The President shall develop a strategy, to be known as the\n <quote>\n National Strategy on Iran\n </quote>\n , that provides strategic guidance for activities that support the objective of addressing the threats posed by Iran.\n </text>\n </subsection>\n <subsection id=\"H54618CF5FA3649048D0D25F62C558B10\">\n <enum>\n (b)\n </enum>\n <header>\n Annual report\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 180 days after the date of the enactment of this Act or January 30, 2014, whichever occurs first, and every January 30 thereafter, the President shall submit to the appropriate congressional committees the National Strategy on Iran required under subsection (a).\n </text>\n </subsection>\n <subsection id=\"HA354D46B4EC24BB6AC63AAED7C38711E\">\n <enum>\n (c)\n </enum>\n <header>\n Matters To be included\n </header>\n <text>\n The report required under subsection (b) shall include, at a minimum, the following:\n </text>\n <paragraph id=\"HAFD90DCD9A724E7BA6094A363DA814AE\">\n <enum>\n (1)\n </enum>\n <text>\n A description of Iran’s grand strategy and security strategy, including strategic objectives, and the security posture and objectives of Iran.\n </text>\n </paragraph>\n <paragraph id=\"H7F917AFE7705403D954B7DF49E41B1F9\">\n <enum>\n (2)\n </enum>\n <text>\n A description of the United States strategy to—\n </text>\n <subparagraph id=\"HC8437B55A21F4FF9A77EE8DE7324A0C7\">\n <enum>\n (A)\n </enum>\n <text>\n address and counter the capabilities of Iran’s conventional forces and Iran’s unconventional forces;\n </text>\n </subparagraph>\n <subparagraph id=\"H3514F58478EF4589AE9E0F5AD19890B9\">\n <enum>\n (B)\n </enum>\n <text>\n disrupt and deny Iranian efforts to develop or augment capabilities related to nuclear, unconventional, and missile forces development;\n </text>\n </subparagraph>\n <subparagraph id=\"H9640AD01E6464B68918D83B369CE30D7\">\n <enum>\n (C)\n </enum>\n <text>\n address the Government of Iran’s economic strategy to enable the objectives described in this subsection;\n </text>\n </subparagraph>\n <subparagraph id=\"H643BC47C15C847A0A3BC0A6069AE4B0E\">\n <enum>\n (D)\n </enum>\n <text>\n exploit key vulnerabilities; and\n </text>\n </subparagraph>\n <subparagraph id=\"H3930F622B2CB4839AC733F03D292C619\">\n <enum>\n (E)\n </enum>\n <text display-inline=\"yes-display-inline\">\n combat Iranian efforts to suppress Internet freedom, including actions of the United States to—\n </text>\n <clause id=\"HEFF90809EF16412BBC530FA56E917AAF\">\n <enum>\n (i)\n </enum>\n <text>\n work to promote expanded Internet access for democracy activists in Iran;\n </text>\n </clause>\n <clause id=\"H55DCCFC33C3C4181B88E8BBA68E25B8D\">\n <enum>\n (ii)\n </enum>\n <text>\n add a public diplomacy page to the United States’ virtual embassy in Iran; and\n </text>\n </clause>\n <clause id=\"H3158BBEE3E5D4D44BCB2D25F0CF4B04F\">\n <enum>\n (iii)\n </enum>\n <text>\n leverage multilateral organizations committed to Internet connectivity in Iran.\n </text>\n </clause>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H76910559C80243399FEEBD3ADB4B09A3\">\n <enum>\n (3)\n </enum>\n <text>\n An implementation plan for the United States strategy described in paragraph (2).\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H0837746AB7B64DA3A39E388DA74C3F1E\">\n <enum>\n (d)\n </enum>\n <header>\n Form\n </header>\n <text>\n The report required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary.\n </text>\n </subsection>\n <subsection id=\"H52FE31EAD6DD4D74B3F4084BE7DAC358\">\n <enum>\n (e)\n </enum>\n <header>\n Appropriate congressional committees\n </header>\n <text>\n In this section, the term\n <term>\n appropriate congressional committees\n </term>\n means—\n </text>\n <paragraph id=\"H1409C336CEE642769CBD221C6C37D81F\">\n <enum>\n (1)\n </enum>\n <text>\n the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and\n </text>\n </paragraph>\n <paragraph id=\"H70B1090536BD4D0E96B250C4671D7B91\">\n <enum>\n (2)\n </enum>\n <text>\n the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select Committee on Intelligence of the Senate.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H9714E344F40D45E1960123FC2A26AD7F\">\n <enum>\n 402.\n </enum>\n <header>\n Report on Iranian nuclear and economic capabilities\n </header>\n <subsection id=\"HD013B64648C64282A4FF98A1D0B75662\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the following:\n </text>\n <paragraph id=\"H52AAAFAB556B423FA43093C58760ABFF\">\n <enum>\n (1)\n </enum>\n <text>\n An estimate of the timeline for Iranian capabilities to develop nuclear weapons, including—\n </text>\n <subparagraph id=\"H28A990B09F324DD996BA857F5F1EF633\">\n <enum>\n (A)\n </enum>\n <text>\n an estimate of the period of time it would take Iran to produce enough weapons-grade uranium for a single implosion-type nuclear weapon, taking into account all known relevant technical data;\n </text>\n </subparagraph>\n <subparagraph id=\"HADA10125ED0A43B6B7E542B28DBB1BCF\">\n <enum>\n (B)\n </enum>\n <text>\n an estimate of the period of time it would take Iran to produce sufficient separated plutonium for a single nuclear weapon;\n </text>\n </subparagraph>\n <subparagraph id=\"HA5B9E101D070474BADFB0788BCF432D2\">\n <enum>\n (C)\n </enum>\n <text>\n a description of the assumptions underlying the estimates referred to in subparagraphs (A) and (B), and any information about developments that might alter or otherwise affect those assumptions;\n </text>\n </subparagraph>\n <subparagraph id=\"H5B39935AE9C5406391F45B3C89551271\">\n <enum>\n (D)\n </enum>\n <text>\n an estimate of the date by which the periods of time referred to in subparagraphs (A) and (B) will be less than 45 days; and\n </text>\n </subparagraph>\n <subparagraph id=\"H60A4F69B39E140679E5B3FB8BA6EA24D\">\n <enum>\n (E)\n </enum>\n <text>\n a description of any efforts by the United States to increase the frequency of inspections by the International Atomic Energy Agency of nuclear facilities in Iran.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H34CA8BE4BE0140368FEDDBB5C8A5A9F4\">\n <enum>\n (2)\n </enum>\n <text>\n An assessment of Iranian strategy and capabilities relating to development of nuclear weapons, including—\n </text>\n <subparagraph id=\"HD971D65A730A41D4A27D786F7318FDB9\">\n <enum>\n (A)\n </enum>\n <text>\n a summary and analysis of current nuclear weapons capabilities;\n </text>\n </subparagraph>\n <subparagraph id=\"H29856AC3956144C7A8FD2EBC72D0D2A4\">\n <enum>\n (B)\n </enum>\n <text>\n an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran to develop its nuclear weapons capabilities;\n </text>\n </subparagraph>\n <subparagraph id=\"HF5032CFF2CE640EB92351CB1BD800328\">\n <enum>\n (C)\n </enum>\n <text>\n a summary of the capabilities of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces;\n </text>\n </subparagraph>\n <subparagraph id=\"H1AD925F1692F42A280D46AAA44E97FE1\">\n <enum>\n (D)\n </enum>\n <text>\n a detailed analysis of the effectiveness of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces as delivery systems for a nuclear device;\n </text>\n </subparagraph>\n <subparagraph id=\"HEE4AA0E21A8A440084CE55D021EC96CA\">\n <enum>\n (E)\n </enum>\n <text>\n a description of all efforts of Iran to design and develop a nuclear weapon, including efforts to design or fit warheads, and any other possible military dimensions of the nuclear program of Iran; and\n </text>\n </subparagraph>\n <subparagraph id=\"H671187BA752D42E5A93BC7C232C7A062\">\n <enum>\n (F)\n </enum>\n <text>\n an analysis of the procurement network, including the amount and sources of funding expended by Iran on programs to develop a nuclear weapons capability.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H8D9B18F735994CF7A003CFA5B2A2516C\">\n <enum>\n (3)\n </enum>\n <text>\n Projected economic effects of international sanctions on Iran, including—\n </text>\n <subparagraph id=\"HACF7E76C1700468DA505F39D4CCF38FF\">\n <enum>\n (A)\n </enum>\n <text>\n an estimate of the capital accounts, current accounts, and amounts of foreign exchange reserves (including access to foreign exchange reserves) of the Government of Iran, and other leading indicators of the status of the economy of Iran;\n </text>\n </subparagraph>\n <subparagraph id=\"H01AF11E1D12A4D80A4D56D824338CB18\">\n <enum>\n (B)\n </enum>\n <text>\n an estimate of timelines with respect to macroeconomic viability of Iran, including the time by which the Government of Iran will exhaust its foreign exchange reserves;\n </text>\n </subparagraph>\n <subparagraph id=\"H96900258E31649618A01235C1DA39D71\">\n <enum>\n (C)\n </enum>\n <text>\n an estimate of the date by which the reserves of the Central Bank of Iran will be insufficient for the Government of Iran to avoid a severe balance of payments crisis that prevents it from maintaining a functioning economy, including—\n </text>\n <clause id=\"HCCEC7E453A104C04B34183F8E578FA26\">\n <enum>\n (i)\n </enum>\n <text>\n the inflation rate, exchange rates, unemployment rate, and budget deficits in Iran; and\n </text>\n </clause>\n <clause id=\"H7AB79E65EFFD4697A1F6488868473EDE\">\n <enum>\n (ii)\n </enum>\n <text>\n other leading macroeconomic indicators used by the International Monetary Fund, professional rating agencies, and other credible sources to assess the economic health of a country;\n </text>\n </clause>\n </subparagraph>\n <subparagraph id=\"HBF6A10EF06AF4C64A863A14E7D66A546\">\n <enum>\n (D)\n </enum>\n <text>\n a description of the assumptions underlying the estimate referred to in paragraph (3) and an indication of how changes in each of those assumptions could affect the estimate;\n </text>\n </subparagraph>\n <subparagraph id=\"H48628FF271594BD091DE15316FE21099\">\n <enum>\n (E)\n </enum>\n <text>\n an assessment of the effect of sanctions imposed with respect to Iran on moving forward the date referred to in subparagraph (C); and\n </text>\n </subparagraph>\n <subparagraph id=\"HD00F9FD1967A46C2B9351AD0FE5D3AEB\">\n <enum>\n (F)\n </enum>\n <text>\n a description of actions taken by the Government of Iran to delay the date referred to in subparagraph (C).\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"HBF9815892665415BBBF5839126C02CCF\">\n <enum>\n (b)\n </enum>\n <header>\n Update\n </header>\n <text display-inline=\"yes-display-inline\">\n The President shall submit to the appropriate congressional committees an update of the report required by subsection (a) every 60 days after the date of submission of the report that includes any pertinent developments to Iranian nuclear or economic capabilities.\n </text>\n </subsection>\n <subsection id=\"HCA71C7E4968C4647A24197640CF4966D\">\n <enum>\n (c)\n </enum>\n <header>\n Form\n </header>\n <text>\n The report required under subsection (a) and the update required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary.\n </text>\n </subsection>\n <subsection id=\"H435E7D3CCA9B4CE29FAF1045C44CA178\">\n <enum>\n (d)\n </enum>\n <header>\n Definitions\n </header>\n <text>\n In this section:\n </text>\n <paragraph id=\"HA24D6DAD3D7149E889287E217084E7F8\">\n <enum>\n (1)\n </enum>\n <header>\n Appropriate congressional committees\n </header>\n <text>\n The term\n <quote>\n appropriate congressional committees\n </quote>\n means—\n </text>\n <subparagraph id=\"HA1E0E768F55748899A648F22AA027378\">\n <enum>\n (A)\n </enum>\n <text>\n the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and\n </text>\n </subparagraph>\n <subparagraph id=\"HAA92D13AF0FD42B2B37B5884B58BBA70\">\n <enum>\n (B)\n </enum>\n <text>\n the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate.\n </text>\n </subparagraph>\n </paragraph>\n <paragraph id=\"H43DF6430209741BA9AB50F64B03AAB2A\">\n <enum>\n (2)\n </enum>\n <header>\n Nuclear explosive device\n </header>\n <text>\n The term\n <quote>\n nuclear explosive device\n </quote>\n means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT).\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H9F5A4FD088CF41B3835D749117BA1F16\">\n <enum>\n 403.\n </enum>\n <header>\n Report on plausibility of expanding sanctions on Iranian oil\n </header>\n <subsection id=\"H7DCF439C1177413E8DE5AE718F40D6F9\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text>\n Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report assessing the following:\n </text>\n <paragraph id=\"H85C10FF17C4D44B1BBCEF41E31CB1648\">\n <enum>\n (1)\n </enum>\n <text>\n Whether petroleum and petroleum products originating in and exported from Iran are refined and sold outside of Iran.\n </text>\n </paragraph>\n <paragraph id=\"HD69B91600E0241DEBACB8A80F674DC17\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Whether products that contain Iranian-origin petroleum or petroleum products as part of their contents are imported into the United States and, if any such products are imported into the United States, whether such importation violates the ban on importation into the United States of Iranian-origin petroleum or petroleum products.\n </text>\n </paragraph>\n <paragraph id=\"HBA77B7767B944DBEA7E522F026C467DD\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n Whether it is feasible to ban the importation into the United States of products described in paragraph (2), regardless of whether the ban on importation into the United States of Iranian-origin petroleum or petroleum products applies to such products.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H625D465CD65D4390B1E6EFD9822013FB\">\n <enum>\n (b)\n </enum>\n <header>\n Basis of report\n </header>\n <text>\n The report required under subsection (a) may be based on publicly-available information and classified information. The information that is not classified information shall be made publically available.\n </text>\n </subsection>\n <subsection id=\"H7EBDF156513B4E0D9EBA861B259036A8\">\n <enum>\n (c)\n </enum>\n <header>\n Appropriate congressional committees\n </header>\n <text>\n In this section, the term\n <quote>\n appropriate congressional committees\n </quote>\n means—\n </text>\n <paragraph id=\"H1F1C451452AF496DB38349B6073CE4AB\">\n <enum>\n (1)\n </enum>\n <text>\n the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and\n </text>\n </paragraph>\n <paragraph id=\"HAA29A9B8205C498487568AC497BB6A32\">\n <enum>\n (2)\n </enum>\n <text>\n the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate.\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"HFB626D2A71D9466F88DC2D55AA2D6814\">\n <enum>\n 404.\n </enum>\n <header>\n GAO report on Iranian strategy to evade current sanctions and other matters\n </header>\n <text display-inline=\"no-display-inline\">\n Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that—\n </text>\n <paragraph id=\"HCA6DA417ADEA44ACB2DFE8972077B9A9\">\n <enum>\n (1)\n </enum>\n <text>\n evaluates the strategy of the Government of Iran to evade current economic and financial sanctions; and\n </text>\n </paragraph>\n <paragraph id=\"H21DE4F5BE8E8453DB61B5B6ACFC7C95F\">\n <enum>\n (2)\n </enum>\n <text display-inline=\"yes-display-inline\">\n specifically evaluates the ability of Iran to successfully diversify its economy beyond its energy sector, thereby lessening the impact and effectiveness of economic and financial sanctions.\n </text>\n </paragraph>\n </section>\n <section id=\"H048171BFA3B0483A97B96F1C7383A610\">\n <enum>\n 405.\n </enum>\n <header>\n Authority to consolidate reports required under Iran sanctions laws\n </header>\n <subsection id=\"HF40335E988A441C18D226D2290CF1840\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n Any or all reports required to be submitted to Congress under the provisions of law described in subsection (c) on or after the date of the enactment of this Act may, notwithstanding the deadline requirements for submission under such provisions of law, be consolidated into a single report that is submitted to Congress on an annual basis.\n </text>\n </subsection>\n <subsection id=\"H633AD5BE3C2148D1A7BB3F173E8A35BD\">\n <enum>\n (b)\n </enum>\n <header>\n Exception\n </header>\n <text>\n Subsection (a) shall not apply with respect to the initial report of any report described in subsection (a).\n </text>\n </subsection>\n <subsection id=\"H3BE5008449134008B866F73E15B8399A\">\n <enum>\n (c)\n </enum>\n <header>\n Provisions of law described\n </header>\n <text>\n The provisions of law referred to in this section are the following:\n </text>\n <paragraph id=\"HA08042E349F24C18AFC02D5124087C2C\">\n <enum>\n (1)\n </enum>\n <text>\n This Act and the amendments made by this Act.\n </text>\n </paragraph>\n <paragraph id=\"HAABEA99704C94322AA6EA30386ED9F08\">\n <enum>\n (2)\n </enum>\n <text>\n The Iran Freedom and Counter-Proliferation Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8801\">\n 22 U.S.C. 8801 et seq.\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"H24311E975616499EA870DC16D9BAD4BE\">\n <enum>\n (3)\n </enum>\n <text display-inline=\"yes-display-inline\">\n The Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8701\">\n 22 U.S.C. 8701 et seq.\n </external-xref>\n ).\n </text>\n </paragraph>\n <paragraph id=\"H2E2E9D6DC9FB4AD680EA393F51CB9CB8\">\n <enum>\n (4)\n </enum>\n <text display-inline=\"yes-display-inline\">\n The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8501\">\n 22 U.S.C. 8501 et seq.\n </external-xref>\n ).\n </text>\n </paragraph>\n </subsection>\n </section>\n <section id=\"H8E5173CEF8EA4D25BFBC8AE5F5055D0B\">\n <enum>\n 406.\n </enum>\n <header>\n Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012\n </header>\n <subsection id=\"H6248994A15494DAB99F44A6EDF84277D\">\n <enum>\n (a)\n </enum>\n <header>\n Iran Sanctions Act of 1996\n </header>\n <text display-inline=\"yes-display-inline\">\n Section 14(4)(B) of the Iran Sanctions Act of 1996 (\n <external-xref legal-doc=\"public-law\" parsable-cite=\"pl/104/172\">\n Public Law 104–172\n </external-xref>\n ;\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1701\">\n 50 U.S.C. 1701\n </external-xref>\n note) is amended by striking\n <quote>\n may include, in the discretion of the President\n </quote>\n and inserting\n <quote>\n includes\n </quote>\n .\n </text>\n </subsection>\n <subsection id=\"H50BFDD2F8CFD4B6DA0C39C3A53F83B57\">\n <enum>\n (b)\n </enum>\n <header>\n Iran Threat Reduction and Syria Human Rights Act of 2012\n </header>\n <text>\n Section 211 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/22/8721\">\n 22 U.S.C. 8721\n </external-xref>\n ) is amended by adding at the end the following new subsection:\n </text>\n <quoted-block display-inline=\"no-display-inline\" id=\"H99D288CFC939437E810A531FE89B29A1\" style=\"OLC\">\n <subsection id=\"H53DB0AF83E95400480565E1D71BB9EB3\">\n <enum>\n (f)\n </enum>\n <header>\n Definition\n </header>\n <text display-inline=\"yes-display-inline\">\n In this section, the term\n <quote>\n appropriate congressional committees\n </quote>\n includes the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.\n </text>\n </subsection>\n <after-quoted-block>\n .\n </after-quoted-block>\n </quoted-block>\n </subsection>\n </section>\n <section id=\"H231C042EEB03487181E8C98214C0ACFB\">\n <enum>\n 407.\n </enum>\n <header>\n Implementation; penalties\n </header>\n <subsection id=\"H3D52D11A676F48BFAFB310B719A9ED84\">\n <enum>\n (a)\n </enum>\n <header>\n Implementation\n </header>\n <text display-inline=\"yes-display-inline\">\n The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act and the amendments made by this Act.\n </text>\n </subsection>\n <subsection id=\"HBA0DE58153A142188A9BF714EA896819\">\n <enum>\n (b)\n </enum>\n <header>\n Penalties\n </header>\n <text display-inline=\"yes-display-inline\">\n The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1705\">\n 50 U.S.C. 1705\n </external-xref>\n ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any amendment made by this Act or regulations prescribed under this Act to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act (\n <external-xref legal-doc=\"usc\" parsable-cite=\"usc/50/1705\">\n 50 U.S.C. 1705(a)\n </external-xref>\n ).\n </text>\n </subsection>\n </section>\n <section id=\"H9C56B97D8FCF4B9D852A144A75D4B123\">\n <enum>\n 408.\n </enum>\n <header>\n Severability\n </header>\n <subsection id=\"HB398F6A0EA234C3DA4B238837B2C4AAB\">\n <enum>\n (a)\n </enum>\n <header>\n In general\n </header>\n <text display-inline=\"yes-display-inline\">\n If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected.\n </text>\n </subsection>\n <subsection id=\"H3328AF1681924A4DABAA99E385E38699\">\n <enum>\n (b)\n </enum>\n <header>\n Effective date under section 214\n </header>\n <text display-inline=\"yes-display-inline\">\n If subsection (d) of section 214 is found to be unconstitutional in accordance with subsection (a), the amendments made by such section 214 take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after such date of enactment.\n </text>\n </subsection>\n </section>\n \n \n \n \n July 30, 2013\n \n \n Reported from the\n \n Committee on Foreign Affairs\n \n with an amendment\n \n \n July 30, 2013\n \n \n The Committees on\n \n the Judiciary\n \n ,\n \n Financial Services\n \n ,\n \n Oversight and Government Reform\n \n , and\n \n Ways and Means\n \n discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed\n \n \n \n"},"tv_txt":{"kind":"string","value":"IB Union Calendar No. 128 113th CONGRESS 1st Session H. R. 850 [Report No. 113–177, Part I] IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Royce (for himself, Mr. Engel , Ms. Ros-Lehtinen , Mr. Deutch , Mr. Poe of Texas , Mr. Sherman , Mr. Chabot , Mr. Connolly , Mr. Smith of New Jersey , Mr. Meeks , Mr. Wilson of South Carolina , Mr. Keating , Mr. McCaul , Mr. Cicilline , Mr. Salmon , Mr. Schneider , Mr. Duncan of South Carolina , Mr. Kennedy , Mr. Kinzinger of Illinois , Ms. Meng , Mr. Cotton , Ms. Frankel of Florida , Mr. Cook , Mr. Holding , Mr. Weber of Texas , Mr. Perry , Mr. Radel , Mr. Collins of Georgia , Mr. Meadows , Mr. Messer , Mr. Marino , Mr. Sires , Mr. Higgins , Mr. Vargas , Mr. Rohrabacher , Mr. Lowenthal , Mr. Stockman , and Ms. Gabbard ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on the Judiciary , Financial Services , Oversight and Government Reform , and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned July 30, 2013 Additional sponsors: Mr. Bilirakis , Mr. King of New York , Ms. Schwartz , Mr. Sam Johnson of Texas , Mr. Westmoreland , Mr. Murphy of Florida , Ms. Velázquez , Mr. Schiff , Mr. Schock , Mr. Ross , Mr. Yoho , Mr. Tipton , Ms. Titus , Mr. Bachus , Mr. Huizenga of Michigan , Mr. Murphy of Pennsylvania , Mr. Roskam , Mr. Frelinghuysen , Mr. Schweikert , Mr. Neugebauer , Mr. Long , Mr. Stivers , Ms. Hahn , Mr. Walden , Mr. Garrett , Mr. Walberg , Mr. Waxman , Mr. Quigley , Mr. Franks of Arizona , Ms. Bass , Mr. Diaz-Balart , Mr. Fincher , Mr. Hultgren , Mr. Pearce , Mr. Burgess , Mr. Rice of South Carolina , Mr. Brady of Pennsylvania , Mr. Markey , Mr. Barr , Mrs. Miller of Michigan , Mr. Luetkemeyer , Mr. Marchant , Mr. Grimm , Mr. Campbell , Mr. Hensarling , Mr. Swalwell of California , Mr. Ryan of Ohio , Mr. Roe of Tennessee , Mr. Heck of Nevada , Mr. Williams , Mr. Rodney Davis of Illinois , Mr. Ribble , Ms. Speier , Mr. Young of Florida , Mrs. Hartzler , Mr. Sensenbrenner , Mr. Meehan , Mr. Miller of Florida , Mr. Latta , Mr. Buchanan , Mr. Yoder , Mr. Nugent , Mr. Bridenstine , Mr. Gene Green of Texas , Mr. Al Green of Texas , Mr. Sarbanes , Mr. Andrews , Mr. LoBiondo , Mr. Michaud , Ms. Castor of Florida , Mr. Coffman , Mr. David Scott of Georgia , Mr. Fleischmann , Mr. Costa , Ms. Schakowsky , Mr. Chaffetz , Mr. Bishop of Utah , Mr. Culberson , Mr. Langevin , Mr. Kingston , Mrs. Ellmers , Mr. Bonner , Mr. Posey , Mr. Collins of New York , Ms. Sinema , Mr. Olson , Mr. Aderholt , Mr. Owens , Mr. Goodlatte , Mr. Braley of Iowa , Ms. Hanabusa , Mr. Pascrell , Mr. Takano , Mr. Matheson , Mr. Barber , Mrs. Lowey , Mr. Ruiz , Mr. Hastings of Florida , Mr. Griffin of Arkansas , Mr. Mullin , Mr. Lipinski , Mr. Pompeo , Mr. Rokita , Mr. Mulvaney , Mr. Pittenger , Mr. McKinley , Mr. Young of Indiana , Mr. Maffei , Mr. McKeon , Mr. Paulsen , Mr. Bishop of Georgia , Mr. McNerney , Mrs. Kirkpatrick , Mr. Amodei , Mr. Upton , Mr. Peters of Michigan , Mrs. Wagner , Mrs. Roby , Mr. McHenry , Mr. Smith of Texas , Mr. Sean Patrick Maloney of New York , Mr. Crawford , Mr. Harris , Mr. Tiberi , Mr. Peters of California , Ms. Foxx , Ms. Chu , Mr. Bentivolio , Mr. Cassidy , Mr. Daines , Mr. Veasey , Mr. Young of Alaska , Mr. Delaney , Mr. Gibbs , Mr. Hurt , Mr. Brooks of Alabama , Mr. Webster of Florida , Mr. Latham , Mr. Renacci , Mr. Reed , Mr. Forbes , Mr. Fitzpatrick , Mr. Lance , Mr. Womack , Mr. Schrader , Mr. Van Hollen , Mr. Mica , Mrs. Carolyn B. Maloney of New York , Mr. Crowley , Ms. Loretta Sanchez of California , Mr. Jeffries , Mr. Hunter , Ms. Duckworth , Mr. Graves of Missouri , Mr. Woodall , Mrs. McCarthy of New York , Mrs. Brooks of Indiana , Mr. Rigell , Mr. Kelly of Pennsylvania , Mr. Scalise , Mrs. Capito , Mr. Denham , Mr. Valadao , Mr. Southerland , Mr. Wenstrup , Mr. Bishop of New York , Ms. Jenkins , Mr. Wolf , Mr. Lamborn , Mr. Horsford , Mr. Flores , Mr. Runyan , Mr. Coble , Mr. Cartwright , Mrs. Black , Mr. Richmond , Mr. Crenshaw , Mr. Vela , Mr. DeSantis , Mr. Cleaver , Mr. Israel , Mrs. Lummis , Mrs. Davis of California , Mr. Himes , Mr. Reichert , Mr. Gosar , Mr. Duffy , Mr. Joyce , Mr. Gary G. Miller of California , Mr. Nunnelee , Mr. McClintock , Mr. Carter , Mr. Bera of California , Ms. Brownley of California , Mr. Barrow of Georgia , Mr. Barletta , Mr. Gibson , Mr. DesJarlais , Mr. Larsen of Washington , Mrs. Walorski , Mr. Fleming , Mr. Ben Ray Luján of New Mexico , Ms. Matsui , Mr. King of Iowa , Mr. Whitfield , Mr. LaMalfa , Mr. Enyart , Mr. Gutiérrez , Mrs. Bustos , Mr. Kilmer , Ms. Wasserman Schultz , Ms. Bonamici , Mr. Kline , Ms. Herrera Beutler , Mr. Larson of Connecticut , Mr. Heck of Washington , Mr. Pitts , Mr. Gardner , Mr. Cole , Mr. Gingrey of Georgia , Mr. Broun of Georgia , Ms. Eshoo , Mr. Price of Georgia , Mr. Issa , Mr. Pallone , Mr. Carney , Mr. Palazzo , Mr. Guthrie , Mr. Sessions , Mr. Garcia , Ms. Wilson of Florida , Ms. Brown of Florida , Mr. Lucas , Mr. Cohen , Ms. Linda T. Sánchez of California , Mr. Harper , Mr. Garamendi , Mr. Petri , Mr. Alexander , Mr. Rothfus , Mr. Perlmutter , Ms. DeLauro , Mr. Hoyer , Mr. Graves of Georgia , Mr. Hudson , Mr. Stewart , Mr. Johnson of Ohio , Mr. Rogers of Kentucky , Mr. Fattah , Mr. Foster , Mr. Ryan of Wisconsin , Mr. Gerlach , Mr. Nadler , Mr. Boustany , Mr. Cárdenas , Mr. Brady of Texas , Ms. DelBene , Mr. Smith of Washington , Ms. Fudge , Mr. Conaway , Mr. Stutzman , Mr. Calvert , Ms. Roybal-Allard , Ms. Esty , Mr. Hanna , Mrs. McMorris Rodgers , Mr. Hastings of Washington , Mr. Austin Scott of Georgia , Mr. Honda , Mr. Loebsack , Ms. Slaughter , Mr. Jordan , Mr. Terry , Mr. Polis , Mr. Pastor of Arizona , Mr. Rogers of Alabama , Mr. Hinojosa , Mr. Griffith of Virginia , Mr. Benishek , Mr. Barton , Mr. Kind , Mr. Payne , Mr. Bucshon , Ms. Sewell of Alabama , Mrs. Beatty , Mr. Cramer , Mr. Levin , Mr. Huelskamp , Mr. McIntyre , Mr. Smith of Nebraska , Mr. Lankford , Mr. Thompson of California , Mr. Grayson , Mr. Gowdy , Mr. Rangel , Mr. Holt , Mr. Huffman , Mr. Rooney , Mrs. Noem , Mr. Cuellar , Mrs. Bachmann , Mr. Thompson of Pennsylvania , Mr. Scott of Virginia , Mr. Lewis , Mr. Castro of Texas , Mr. Butterfield , Mr. Courtney , Mr. Thompson of Mississippi , Ms. DeGette , Mr. Cooper , Ms. Lofgren , Ms. Shea-Porter , Ms. Jackson Lee , Mr. Johnson of Georgia , Mr. Shimkus , Mr. Yarmuth , Mr. Fortenberry , Mr. Turner , Mrs. Blackburn , Mr. Wittman , Mr. Tonko , Mr. Neal , Ms. Kelly of Illinois , Mr. Smith of Missouri , Mr. Doyle , Ms. Kuster , Mr. Nolan , Mr. Gallego , Mr. Rahall , Mr. Ruppersberger , Mr. Dent , Ms. Granger , Mr. Shuster , Mr. Walz , Ms. Michelle Lujan Grisham of New Mexico , Ms. Tsongas , Mr. McCarthy of California , Mrs. Napolitano , Mr. Pocan , Mr. Simpson , and Mr. Danny K. Davis of Illinois July 30, 2013 Reported from the Committee on Foreign Affairs with an amendment Strike out all after the enacting clause and insert the part printed in italic July 30, 2013 The Committees on the Judiciary , Financial Services , Oversight and Government Reform , and Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on February 27, 2013 A BILL To impose additional human rights and economic and financial sanctions with respect to Iran, and for other purposes.\n\n1. Short title and table of contents (a) Short title This Act may be cited as the Nuclear Iran Prevention Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and statement of policy. Title I—Human rights and terrorism sanctions Sec. 101. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran. Sec. 102. Prevention of diversion of certain goods, services and technologies to Iran. Sec. 103. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. Sec. 105. Sense of Congress on elections in Iran. Sec. 106. Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran. Title II—Economic and financial sanctions Subtitle A—Amendments to Iran Sanctions Act of 1996 Sec. 201. Imposition of sanctions relating to transportation of crude oil from Iran and certain imports and exports to and from Iran. Sec. 202. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium. Sec. 203. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities. Subtitle B—Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012 Sec. 211. Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran. Sec. 212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors. Sec. 213. Sense of Congress regarding the European Central Bank. Sec. 214. Imposition of sanctions with respect to certain transactions in foreign currencies. Sec. 215. Sanctions with respect to certain transactions with Iran. Subtitle C—Other matters Sec. 221. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions. Sec. 222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran. Sec. 223. Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran. Sec. 224. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals. Sec. 225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013. Sec. 226. Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran. Sec. 227. Conditions for entry and operation of vessels. Title III—Additional authorities to prevent censorship activities in Iran Sec. 301. Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting. Sec. 302. List of persons who are high-risk re-exporters of sensitive technologies. Sec. 303. Sense of Congress on provision of intercept technologies to Iran. Sec. 304. Sense of Congress on availability of consumer communication technologies in Iran. Sec. 305. Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate. Title IV—Reports and other matters Sec. 401. National Strategy on Iran. Sec. 402. Report on Iranian nuclear and economic capabilities. Sec. 403. Report on plausibility of expanding sanctions on Iranian oil. Sec. 404. GAO report on Iranian strategy to evade current sanctions and other matters. Sec. 405. Authority to consolidate reports required under Iran sanctions laws. Sec. 406. Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012. Sec. 407. Implementation; penalties. Sec. 408. Severability. 2. Findings and statement of policy (a) Findings Congress finds the following: (1) Iran’s acquisition of a nuclear weapons capability would— (A) embolden its already aggressive foreign policy, including its arming of terrorist organizations and other groups, its efforts to destabilize countries in the Middle East, and its efforts to target the United States, United States allies, and United States interests globally; (B) increase the risk that Iran would share its nuclear technology and expertise with extremist groups and rogue nations; (C) destabilize global energy markets, posing a direct and devastating threat to the American and global economy; and (D) likely lead other governments in the region to pursue their own nuclear weapons programs, increasing the prospect of nuclear proliferation throughout the region and effectively ending the viability of the global nonproliferation regime, including the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force on March 5, 1970. (2) A nuclear arms-capable Iran possessing intercontinental ballistic missiles, a development most experts expect could occur within a decade, would pose a direct nuclear threat to the United States. (b) Statement of policy It shall be the policy of the United States to prevent Iran from acquiring a nuclear weapons capability. I Human rights and terrorism sanctions 101. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran (a) In general Section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513(c)(2) ) is amended— (1) in subparagraph (D), by striking or at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (F) facilitates a significant transaction or transactions or provides significant financial services for— (i) a person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or 105C(a); or (ii) a person that exports sensitive technology to Iran and is subject to the prohibition on procurement contracts as described in section 106. . (b) Effective date The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to any activity described in subparagraph (F) of section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (as added by subsection (a)(3) of this section) initiated on or after the date that is 90 days after such date of enactment. (c) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a). 102. Prevention of diversion of certain goods, services and technologies to Iran (a) Definitions Section 301(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8541(1) ) is amended by striking knows or has reason to know and inserting knows, has reason to know, or should have known . (b) Identification of countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran Section 302(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8542(b) ) is amended— (1) in paragraph (1), by striking or at the end; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) that are— (A) items described in the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions); (B) items on the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions; (C) items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; (D) items on the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or (E) items on the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions. . (c) Destinations of diversion concern Section 303(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8543(c) ) is amended— (1) by striking Not later than and inserting the following: (1) In general Not later than ; and (2) by adding at the end the following new paragraph: (2) Additional measures The President may impose restrictions on United States foreign assistance or measures authorized under the International Emergency Economic Powers Act with respect to a country designated as a country of diversion concern if the President determines such restrictions or measures would prevent the transfer of United States-origin goods, services, and technology to Iran. . (d) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to countries identified in any update to the report that is required under section 302(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and submitted to Congress on or after such date of enactment. 103. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Subtitle A of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8741 et seq. ) is amended— (1) by redesignating section 304 as section 305; and (2) by inserting after section 303 the following new section: 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Not later than 30 days after the date of the enactment of this section, the Secretary of State shall determine if Iran’s Revolutionary Guard Corps meets the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (b) Affirmative determination If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps meets the criteria set forth under such section 219, the Secretary shall designate Iran’s Revolutionary Guard Corps as a foreign terrorist organization under such section 219. (c) Negative determination (1) In general If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps does not meet the criteria set forth under such section 219, the Secretary shall submit to the committees of Congress specified in subsection (e) a report that contains a detailed justification as to which criteria have not been met. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (d) Applicability of sanctions to Quds Force The sanctions applied to any entity designated as a foreign terrorist organization as set forth in such section 219 shall be applied to the Iran’s Revolutionary Guard Corps Quds Force. (e) Committees of Congress specified The committees of Congress specified in this subsection are the following: (1) The Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives. (2) The Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate. . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 304 and inserting the following: Sec. 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 305. Rule of construction. . 104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran (a) Finding and sense of Congress Section 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended to read as follows: (a) Finding and sense of Congress (1) Finding Congress finds that Iranian persons holding the following positions in the Government of Iran are ultimately responsible for and have and continue to knowingly order, control, direct and implement gross violations of the human rights of the Iranian people, the human rights of persons in other countries, censorship, and the diversion of food, medicine, medical devices, agricultural commodities and other goods intended for the Iranian people: (A) The Supreme Leader of Iran. (B) The President of Iran. (C) Members of the Council of Guardians. (D) Members of the Expediency Council. (E) The Minister of Intelligence and Security. (F) The Commander of the Iran’s Revolutionary Guard Corps. (G) The Commander of the Basij-e-Mostaz’afin. (H) The Commander of Ansar-e-Hezbollah. (I) The Commander of the Quds Force. (J) The Commander in Chief of the Police Force. (K) Senior officials or key employees of an organization described in any of subparagraphs (C) through (J) or in the Atomic Energy Organization of Iran, the Islamic Consultative Assembly of Iran, the Council of Ministers of Iran, the Assembly of Experts of Iran, the Ministry of Defense and Armed Forces Logistics of Iran, the Ministry of Justice of Iran, the Ministry of Interior of Iran, the prison system of Iran, or the judicial system of Iran. (2) Sense of Congress It is the sense of Congress that— (A) the President should include any Iranian person holding a position in the Government of Iran described in paragraph (1) on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8514(b) , 8514a(b), 8514b(b), or 8514c(b)); and (B) the President should impose sanctions on such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (b) Additional finding and sense of Congress Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Additional finding and sense of Congress (1) Finding Congress finds that other senior officials of the Government of Iran, its agencies and instrumentalities, also have and continue to knowingly order, control, direct, and implement gross violations of the human rights of the Iranian people and the human rights of persons in other countries. (2) Sense of Congress It is the sense of Congress that— (A) the President should investigate violations of human rights described in paragraph (1) to identify other senior officials of the Government of Iran that also have or continue to knowingly order, control, direct, and implement gross violations of human rights of the Iranian people and the human rights of persons in other countries; (B) the President should include any such official on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8514(b) , 8514a(b), 8514b(b), or 8514c(b)); and (C) the President should impose sanctions on any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (c) Report Section 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251), as redesignated by subsection (b) of this section, is amended— (1) by striking Not later than and inserting the following: (A) In general Not later than ; (2) by striking this Act and inserting the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years ; (3) by striking otherwise directing the commission of and inserting otherwise directing— (i) the commission of ; (4) by striking Iran. and inserting Iran; (ii) censorship or related activities with respect to Iran; or (iii) the diversion of goods, food, medicine, medical devices, and agricultural commodities, intended for the people of Iran. ; (5) by striking For any such person and inserting the following: (B) Requirement relating to persons not included For any such person ; and (6) by adding at the end the following new subparagraph: (C) Requirement relating to financial net worth For each such person described in subparagraph (A) and each such person described in subparagraph (B), the Secretary of State shall include in the report a description of the estimated net worth of the person. . (d) Conforming amendment The heading for section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended by striking committed against and all that follows and inserting , engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. . (e) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 401 and inserting the following: Sec. 401. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. . 105. Sense of Congress on elections in Iran (a) Findings Congress makes the following findings: (1) The Iranian people are systematically denied free, fair, and credible elections by the Government of the Islamic Republic of Iran. (2) The unelected and unaccountable Guardian Council disqualifies hundreds of qualified candidates, including women and most religious minorities, while the regime intimidates others into staying out of elections completely. (3) Voting inconsistencies, including an absence of international observers, and fraud are commonplace. (4) The 2009 presidential elections proved that the regime will engage in large scale vote-rigging to ensure a specific result. (5) The Iranian regime combines electoral manipulation with the ruthless suppression of dissent. Following the 2009 elections, peaceful demonstrators were met with violence by the regime’s security apparatus, including arbitrary detentions, beatings, kidnappings, rapes, and murders. (6) The electoral manipulation and human rights violations are in violation of the Government of Iran’s agreed to obligations under the United Nations International Covenant on Civil and Political Rights. (b) Sense of Congress It is the sense of the Congress that— (1) the Iranian people are deprived by their government of free, fair, and credible elections; (2) the United States should support freedom, human rights, civil liberties, and the rule of law in Iran, and elections that are free and fair, meet international standards, and allow independent international and domestic electoral observers unrestricted access to polling and counting stations; and (3) the United States should support the people of Iran in their peaceful calls for a representative and responsive democratic government that respects human rights, civil liberties, and the rule of law. 106. Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran It is the sense of Congress that the Secretary of State should designate a Special Coordinator position in the Bureau of Near Eastern Affairs whose primary function is to facilitate cooperation across departments for the purpose of advancing human rights and political participation for women in Iran, as well as to prepare evidence and information to be used in identifying Iranian officials for designation as human rights violators for their involvement in violating the human rights of women in Iran. II Economic and financial sanctions A Amendments to Iran Sanctions Act of 1996 201. Imposition of sanctions relating to transportation of crude oil from Iran and certain imports and exports to and from Iran (a) In general Section 5(a)(7)(A) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended— (1) in clause (i)— (A) by striking a vessel that, on or after and inserting the following: a vessel that— (I) on or after ; and (B) by striking and at the end and inserting or ; and (C) by adding at the end the following: (II) (aa) knowingly transports to or from Iran any good if the importation to Iran or exportation from Iran, as the case may be, of that good is subject to sanctions under this Act; or (bb) knowingly engages in a vessel-to-vessel transfer of crude oil transported from Iran; ; (2) in clause (ii), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new clause: (iii) the person is a person who knowingly sells, leases, or otherwise facilitates the transfer of ownership of a vessel to the Government of Iran, or any agencies or affiliates thereof, for the purpose of transportation of crude oil from Iran to another country. . (b) Conforming amendment Section 5(a)(7) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended in the paragraph heading by striking from iran and inserting from iran and certain imports and exports to and from iran . (c) Effective date The amendments made by subsection (a) apply with respect to actions described in subclause (II) of section 5(a)(7)(A)(i) of the Iran Sanctions Act of 1996 (as added by such subsection) and actions described in clause (iii) of section 5(a)(7)(A) of the Iran Sanctions Act of 1996 (as added by such subsection), as the case may be, that occur on or after the date that is 90 days after the date of the enactment of this Act. 202. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium (a) In general Section 5(b)(2) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended by adding at the end the following new subparagraph: (C) Transfer to Iran of goods, services, or technology that can be used for mining or milling of uranium Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly transferred, on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013, to Iran goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium. . (b) Conforming amendment Section 5(b) of such Act is amended in the heading for paragraph (2) by adding at the end before the period the following: and other related activities . 203. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities Section 9(c)(1) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended— (1) by striking subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (B); and (3) in subparagraph (B) (as redesignated by paragraph (2) of this section)— (A) by striking or (B) each place it appears; and (B) by striking , as applicable . B Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012 211. Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran (a) Application to owners and subsidiaries Subsection (a) of section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( Public Law 111–195 ; 22 U.S.C. 8515 ) is amended— (1) by striking goods or services with a person and inserting the following: goods or services— (1) with a person ; (2) in paragraph (1), as added by paragraph (1) of this subsection, by striking the period at the end and inserting and inserting ; or ; and (3) by adding at the end the following new paragraph: (2) with respect to a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1). . (b) Sensitive technology defined Subsection (c)(1) of such section is amended by striking is to be used specifically and inserting has been designed or specifically modified . (c) Presidential determination and imposition of additional sanctions Such section, as so amended, is further amended by adding at the end the following new subsection: (e) Presidential determination and imposition of additional sanctions The President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) with respect to— (1) a person if the President determines that the person knowingly exports sensitive technology to Iran; or (2) a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1). . (d) Conforming amendment The heading of such section is amended by inserting and imposition of sanctions against after with . (e) Clerical amendment The table of contents for the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended by striking the item relating to section 106 and inserting the following: Sec. 106. Prohibition on procurement contracts with and imposition of sanctions against persons that export sensitive technology to Iran. . (f) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to exports of sensitive technology to Iran that occur on or after such date of enactment. 212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors (a) In general Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8532 ) is amended by striking subsections (a), (b), and (c) and inserting the following: (a) Sense of congress It is the sense of Congress that the United States should support the decision of any State or local government to divest from or prohibit the investment of assets of the State or local government, to prohibit the issuance of licenses to conduct business in the State or locality to, and to impose disclosure and transparency requirements on, a person that invests in or conducts transactions for or with a person or sector subject to sanctions with respect to Iran. (b) Authority Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d)— (1) to divest the assets of the State or local government from a person described in subsection (c); (2) to prohibit investment of the assets of the State or local government in any such person; (3) to prohibit the issuance of licenses to conduct business in the State or locality to any such person; or (4) to impose disclosure and transparency requirements on any such person. (c) Persons described A person described in this subsection is a person that invests in or engages in any transaction with or for any person engaged in any activity for which sanctions may be imposed under any provision of Federal law imposing sanctions with respect to Iran. . (b) Conforming amendments Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8532 ) is amended— (1) in subsection (d)(4), by striking engages in investment activities in Iran described in subsection (c) and inserting is a person described in subsection (c) ; (2) in subsection (f), by striking or (i) and inserting or (g) ; (3) by striking subsections (g) and (h) and by redesignating subsections (i) and (j) as subsections (g) and (h), respectively; and (4) in paragraph (1) of subsection (g), as redesignated by paragraph (3), by striking (determined without regard to subsection (c)) . (c) Effective date The amendments made by this section apply to measures adopted by State and local governments on or after the date of the enactment of this Act. 213. Sense of Congress regarding the European Central Bank (a) Findings Congress finds the following: (1) The Government of Iran, its agencies and instrumentalities, continue to have access to, and utilize, euro-denominated transactions, including for goods and services that are subject to sanctions imposed by the United States, the European Union and its member states and by the United Nations. (2) The Guidelines of the European Central Bank (Article 39(1)) states that: Participants shall be deemed to be aware of, and shall comply with, all obligations on them relating to legislation on data protection, prevention of money laundering and the financing of terrorism, proliferation-sensitive nuclear activities and the development of nuclear weapons delivery systems, in particular in terms of implementing appropriate measures concerning any payments debited or credited on their PM accounts. (3) United States and European convergence with respect to United States sanctions efforts toward the Government of Iran is a vital component of United States policy aimed at preventing the Government of Iran from acquiring a nuclear weapons capability. (b) Sense of Congress It is the sense of Congress that the President should continue to closely coordinate and cooperate with the European Union and its member states to restrict access to and use of the euro currency by the Government of Iran, its agencies and instrumentalities, for transactions with the exception of food, medicine, medical devices, and agricultural commodities. 214. Imposition of sanctions with respect to certain transactions in foreign currencies (a) Imposition of sanctions Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 et seq. ) is amended by inserting after section 220 the following: 220A. Imposition of sanctions with respect to certain transactions in foreign currencies (a) In general The President— (1) shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that is a person described in subsection (b); and (2) may impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) with respect to any other person described in subsection (b). (b) Person described A person described in this subsection is a person the President determines has— (1) knowingly conducted or facilitated a significant transaction involving the currency of a country other than the country in which the person is operating at the time of the transaction with, for, or on behalf of— (A) the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); or (B) a person described in section 1244(c)(2) of the Iran Freedom and Counter-Proliferation Act ( 22 U.S.C. 8803(c)(2) ) (other than a person described in subparagraph (C)(iii) of that section); or (2) knowingly conducted or facilitated a significant transaction by another person involving the currency of a country other than the country in which that other person is operating at the time of the transaction, with, for, or on behalf of a person described in subparagraph (A) or (B) of paragraph (1). (c) Waiver (1) In general The President may waive the application of subsection (a) with respect to a person for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, if the President— (A) determines that the waiver is vital to the national security of the United States; and (B) not less than 7 days before the waiver or the renewal of the waiver, as the case may be, takes effect, submits a report to the appropriate congressional committees on the waiver and the reason for the waiver. (2) Form of report Each report submitted under paragraph (1)(B) shall be submitted in unclassified form but may include a classified annex. (d) Rule of construction Nothing in this section shall be construed to prohibit any person from, or authorize or require the imposition of sanctions with respect to any person for, conducting or facilitating any transaction in the currency of the country in which the person is operating at the time of the transaction for the sale of agricultural commodities, food, medicine, or medical devices. (e) Definitions In this section: (1) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Agricultural commodity The term agricultural commodity has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5602 ). (3) Foreign financial institution The term foreign financial institution has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (4) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513b(d) ). (5) Medical device The term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (6) Medicine The term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (7) Transaction The term transaction includes a foreign exchange swap, a foreign exchange forward, and any other type of similar currency exchange or conversion or similar derivative instrument. . (b) Conforming amendments (1) Implementation Section 601(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8781(a)(1) ) is amended by inserting 220A, after 220, . (2) Penalties Section 601(b)(2)(A) of such Act ( 22 U.S.C. 8781(b)(2)(A) ) is amended by striking and 220, and inserting 220, and 220A, . (3) Termination Section 605(a) of such Act ( 22 U.S.C. 8785(a) ) is amended by inserting 220A, after 220, . (c) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 220 the following: Sec. 220A. Imposition of sanctions with respect to certain transactions in foreign currencies. . (d) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after May 22, 2013. 215. Sanctions with respect to certain transactions with Iran (a) In general Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 et seq. ) is amended by adding at the end the following new section: 225. Sanctions with respect to certain transactions with Iran (a) Authorization of sanctions (1) In general Except as specifically provided in this section, the President may impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) on a foreign person that the President determines has, on or after the date that is 60 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly conducted or facilitated a significant financial transaction with the Central Bank of Iran or other Iranian financial institution that has been designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act, for— (A) the purchase of goods or services by a person in Iran or on behalf of a person in Iran; or (B) the purchase of goods or services from a person in Iran or on behalf of a person in Iran. (2) Rule of construction Nothing in this section shall be construed to affect the imposition of sanctions with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran under section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648). (b) Exception for overall reductions of exports to and imports from Iran (1) In general The President is authorized not to impose sanctions under subsection (a) on a foreign person if the President determines and submits to the appropriate congressional committees a report that contains a determination of the President that the country with primary jurisdiction over the foreign person has, during the time period described in paragraph (2), significantly reduced the value and volume of imports and exports of goods (other than petroleum or petroleum products) and services between such country and Iran. (2) Time period described The time period referred to in paragraph (1) is the 60-day period ending on the date on which the President makes the determination under paragraph (1) as compared to the immediately preceding 60-day period. (c) Exception for sales of agricultural commodities, food, medicine and medical devices The President may not impose sanctions under subsection (a) on a foreign person with respect to a transaction for the sale of agricultural commodities, food, medicine or medical devices to Iran. (d) Definitions In this section: (1) Foreign person The term foreign person has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note). (2) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513b(d) ). . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 224 the following: Sec. 225. Sanctions with respect to certain transactions with Iran. . C Other matters 221. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions (a) Exception to applicability of sanctions with respect to petroleum transactions Section 1245(d)(4)(D)(i)(I) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648; 22 U.S.C. 8513a(d)(4)(D)(i)(I) ) is amended— (1) by striking reduced reduced and inserting reduced ; (2) by inserting value and before volume ; (3) by inserting or of Iranian origin after from Iran ; and (4) by adding at the end before the semicolon the following: , and the President certifies in writing to Congress that the President has based such determination on accurate information on that country’s total purchases of crude oil from Iran or of Iranian origin . (b) Financial transactions described Section 1245(d)(4)(D)(ii)(II) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648) is amended— (1) by striking (II) and inserting (II)(aa) ; (2) in item (aa) (as designated by paragraph (1) of this subsection), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new item: (bb) the foreign financial institution holding the account described in item (aa) does not knowingly facilitate any significant financial transfers for, with, or on behalf of the Government of Iran, unless the transaction is excepted from sanctions under paragraph (2) or is a transaction described in subclause (I) and item (aa). . (c) Strategy to reduce crude oil purchases from Iran or of Iranian origin (1) Statement of policy It is the policy of the United States to seek to ensure that countries that have received an exception under subparagraph (D)(i)(I) of section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648) shall reduce their crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subparagraph (E)(ii) of such section (as added by paragraph (2) of this subsection). (2) Amendment Section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648) is amended by adding at the end the following new subparagraph: (E) Strategy to reduce crude oil purchases from Iran or of Iranian origin (i) In general Not later than 30 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, the President shall make a determination, based on the information contained in the most recent report required under subparagraph (A), of whether each country that received an exception under subparagraph (D)(i)(I) before such date of enactment is able to reduce its crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in clause (ii). If the President makes an initial determination under this clause that the requirements of this clause cannot be met, then the President shall continue to make a determination under this clause every 90 days thereafter as to whether or not the requirements of this clause can be met. (ii) Strategy If the President determines that the requirements of clause (i) can be met, then not later than 60 days after the date of such affirmative determination, the President shall develop and submit to the appropriate congressional committees a strategy to seek to ensure that the requirements of clause (i) are met by the end of the 1-year period beginning on such date of submission. (iii) Future exceptions (I) Affirmative determination If the President determines that the strategy described in clause (ii) was achieved, then each country described in clause (i) shall be eligible to receive one or more further exceptions under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph. (II) Negative determination Except as provided in subclause (III), if the President determines that the strategy described in clause (ii) was not achieved, then each country described in clause (i) shall be ineligible to receive any further exception under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph. (III) Exception (aa) In general Subclause (II) shall not apply with respect to a country described in clause (i) if the country— (AA) dramatically reduced its crude oil purchases from Iran or of Iranian origin during the 1-year period described in clause (ii); and (BB) has committed itself to continue to reduce its crude oil purchases from Iran or of Iranian origin to a de minimis level. (bb) Data The President shall submit to the appropriate congressional committees all data used to make a determination under item (aa) not later than 15 days before issuing an exception under item (aa). (iv) Appropriate congressional committees In this subparagraph, the term appropriate congressional committees means— (I) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (II) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. . (d) Definition of crude oil Section 1245(d)(4)(D) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d)(4)(D) ) is amended by adding at the end the following new clause: (iii) Crude oil In this subparagraph, the term crude oil includes unfinished oils, liquefied petroleum gases, distillate fuel oil, and residual fuel oil. . (e) Waiver Section 1245(d)(5)(A) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d)(5)(A) ) is amended by striking in the national and inserting vital to the national . (f) Definitions of significant reduction Section 1245(h)(3) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(h)(3) ) is amended— (1) by striking price or volume and inserting price and volume ; and (2) by adding at the end before the period the following: and at least a pro rata amount totaling, in the aggregate, not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subsection (d)(4)(E)(ii) . (g) Effective date The amendments made by this section take effect beginning on the date that is 180 days after the date of the enactment of this Act. 222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran (a) Findings Subsection (a)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8803 ) is amended by striking and shipbuilding and inserting shipbuilding, automotive, construction, engineering, or mining . (b) Designation of ports, special economic zones, free economic zones, and entities in strategic sectors as entities of proliferation concern Subsection (b) of such section is amended— (1) in the subsection heading, by striking and entities in the energy, shipping, and shipbuilding sectors and inserting , special economic zones, free economic zones, and entities in strategic sectors ; and (2) by striking and entities in the energy, shipping, and shipbuilding sectors and inserting , entities that operate special economic zones or free economic zones, and entities in strategic sectors (as defined in subsection (c)(4)) . (c) Blocking of property of ports, special economic zones, free economic zones, and entities in strategic sectors Subsection (c) of such section is amended— (1) in the subsection heading, by striking entities in energy, shipping, and shipbuilding sectors and inserting ports, special economic zones, free economic zones, and entities in strategic sectors ; (2) in paragraph (2)— (A) by striking the energy, shipping, or shipbuilding sectors each place it appears and inserting a strategic sector (as defined in paragraph (4)(A)) ; and (B) by inserting , special economic zone, or free economic zone after port each place it appears; and (3) by adding at the end the following new paragraphs: (4) Strategic sector defined In this section, the term strategic sector means— (A) the energy, shipping, shipbuilding, automotive, or mining sector of Iran; (B) the construction or engineering sector of Iran if the President determines and reports to Congress not later than 45 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013 that the construction or engineering sector of Iran, as the case may be, is of strategic importance to Iran; and (C) any other sector that the President designates as of strategic importance to Iran. (5) Notification and report relating to strategic sectors (A) Notification The President shall submit to Congress a notification of the designation of a sector as a strategic sector of Iran for purposes of paragraph (4)(C) not later than 30 days after the date on which the President makes such designation. (B) Report Not later than 90 days after the date on which the President submits to Congress a notification of the designation of a sector as a strategic sector of Iran under subparagraph (A), the Comptroller General of the United States shall submit to Congress a report that contains— (i) a review and comment on such designation; and (ii) recommendations regarding the designation of additional sectors as strategic sectors of Iran for purposes of paragraph (4). . (d) Additional sanctions with respect to strategic sectors Subsection (d) of such section is amended— (1) in the subsection heading, by striking the energy, shipping, and shipbuilding sectors and inserting strategic sectors ; and (2) in paragraph (3), by striking the energy, shipping, or shipbuilding sectors and inserting a strategic sector (as defined in subsection (c)(4)(A)) . (e) Exception for Afghanistan reconstruction Subsection (f) of such section is amended— (1) in the matter preceding paragraph (1), by inserting for a period of not more than 1 year, and may renew that exception for additional periods of not more than 1 year after economic development for Afghanistan ; (2) in paragraph (1)— (A) by striking to the extent that and inserting if ; (B) by inserting or the renewal of the exception, as the case may be, after such an exception ; and (C) by striking in the national interest and inserting in the national security interest ; and (3) in paragraph (2)— (A) by inserting or the renewal of the exception, as the case may be, before not later than 15 days ; and (B) by inserting at the end before the period the following: or the renewal of the exception . (f) Conforming amendment Such section is further amended in the section heading by striking the energy, shipping, and shipbuilding sectors and inserting ports, special economic zones, free economic zones, and strategic sectors . (g) Effective date The amendments made by this section— (1) take effect on the date that is 90 days after the date of the enactment of this Act; and (2) (A) with respect to subsection (c) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, as so amended, apply with respect to all transactions in all property and interests in property of any person described in subsection (c)(2) of such section that occur on or after the date that is 180 days after such date of enactment; and (B) (i) with respect to subsection (d)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment; and (ii) with respect to subsection (d)(2) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the conduct or facilitation of a significant financial transaction for the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment. 223. Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran Section 1245 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8804 ) is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: (h) Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran (1) In general Not later than 90 days after the date of the enactment of Nuclear Iran Prevention Act of 2013, and every 90 days thereafter, the President shall submit to the appropriate congressional committees a report on each determination of the President during the preceding 90-day period not to impose sanctions under subsection (a) or (c) with respect to a person who allegedly sells, supplies, or transfers precious metals, directly or indirectly, to or from Iran, together with the reasons for such determination. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary. . 224. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals Section 1247 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8806 ) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: (f) Persons owned or controlled by specially designated nationals (1) In general The President shall impose sanctions described in subsection (a) with respect to a foreign financial institution, including but not limited to a foreign central bank, that the President determines has, on or after the date that is 90 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly facilitated a significant financial transaction on behalf of any person determined by the President to be directly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)). (2) Sense of Congress It is the sense of Congress that the President routinely should determine on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013 those persons that are directly or indirectly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)). (3) Consideration of data from other countries and nongovernmental organizations The President shall consider credible data already obtained by other countries and nongovernmental organizations in making determinations described in paragraph (1). . 225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013 Subtitle D of title XII of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8801 et seq. ) is amended— (1) in section 1244— (A) in subsection (c)(1)— (i) by striking (1) Blocking of property .— and all that follows through On and after and inserting (1) Blocking of property .—On and after ; and (ii) by striking subparagraph (B); and (B) in subsection (d)(1)— (i) by striking (1) Sale, supply, or transfer of certain goods and services .— and all that follows through Except as provided and inserting (1) Sale, supply, or transfer of certain goods and services .—Except as provided ; and (ii) by striking subparagraph (B); (2) in section 1245(a)— (A) by striking (a) sale, supply, or transfer of certain materials .— and all that follows through The President and inserting (a) sale, supply, or transfer of certain materials .—The President ; (B) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); (C) in paragraph (3)(B) (as redesignated)— (i) in clause (i), by striking subclause (I) of clause (i) and inserting clause (i) of subparagraph (A) ; (ii) in clause (ii), by striking subclause (II) of that clause and inserting clause (ii) of that subparagraph ; and (iii) in clause (iii), by striking subclause (III) of that clause and inserting clause (iii) of that subparagraph ; and (D) by striking (2) exception .— and all that follows through paragraph (1). ; and (3) in section 1246(a)— (A) by striking (a) imposition of sanctions .— and all that follows through Except as provided and inserting (a) imposition of sanctions .—Except as provided ; (B) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); and (C) by striking (2) exception .— and all that follows through paragraph (1). ; and 226. Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran (a) Modification of federal acquisition regulation Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person under common ownership or control with the person, does not sell goods, services, or technology to, or conduct any other transaction with, Iran for which sanctions may be imposed under this Act. (b) Remedies (1) In general If the head of an executive agency determines that a person has submitted a false certification under subsection (a) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this section becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations. (2) Inclusion on list of parties excluded from federal procurement and nonprocurement programs The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under paragraph (1). (c) Rule of construction This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (a). (d) Waivers (1) In general The President may on a case-by-case basis waive the requirement that a person make a certification under subsection (a) if the President determines and certifies in writing to the congressional committees described in paragraph (2) that it is essential to the national security interests of the United States to do so. (2) Congressional committees described The congressional committees referred to in paragraph (1) are— (A) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Oversight and Government Reform of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate. (e) Definitions In this section: (1) Executive agency The term executive agency has the meaning given that term in section 133 of title 41, United States Code. (2) Federal Acquisition Regulation The term Federal Acquisition Regulation means the regulation issued pursuant to section 1303(a)(1) of title 41, United States Code. (f) Applicability The revisions to the Federal Acquisition Regulation required under subsection (a) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of this Act. 227. Conditions for entry and operation of vessels (a) In general The Ports and Waterways Safety Act ( 33 U.S.C. 1221 et seq. ) is amended by adding at the end the following: 16. Prohibition on entry and operation (a) In general No foreign vessel described in subsection (b) shall enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States. (b) Vessels described A vessel referred to in subsection (a) is a foreign vessel— (1) for which a Notice of Arrival is required to be filed under section 160 of title 33, Code of Federal Regulations, as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013; and (2) that is knowingly registered, pursuant to the Geneva Convention on the High Seas (13 U.S.T. 2312; TIAS 5200; 450 UNTS 82), by a ship registry that is maintaining a registration of a vessel that is included in the list published under subsection (c). (c) Notification of governments The Secretary of Transportation, in consultation with the Secretary of State, shall— (1) maintain timely information on registrations of all foreign vessels over 300 gross tons that are— (A) owned or operated by or on behalf of— (i) the National Iran Tanker Company or the Islamic Republic of Iran Shipping Line; or (ii) any successor to an entity referred to in clause (i); or (B) otherwise owned or operated by or on behalf of Iran; (2) notify each government the agents or instrumentalities of which are maintaining a registration of a foreign vessel described in paragraph (1), that all vessels registered under such government’s authority are prohibited from entering or operating in the navigable waters of the United States or transferring cargo in any port or place under the jurisdiction of the United States; and (3) publish in the Federal Register a list of vessels described in paragraph (1), including periodic updates of such list. (d) Notification of vessels (1) In general Except as provided in paragraphs (2) and (3), upon receiving a Notice of Arrival under section 160 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013) from a vessel described in (b), the Secretary shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States. (2) Provisional entry The Secretary may allow provisional entry of, or transfer of cargo from, a foreign vessel described in subsection (b) if such entry or transfer is necessary for the safety of the vessel or persons aboard. (3) Entry for due diligence The Secretary may allow entry of, and transfer of cargo from, a vessel described in subsection (b) if the master shows the owner and operator of the vessel exercised due diligence to avoid registration of the vessel by a registry that registers vessels described in subsection (c). (e) Right of innocent passage This section shall not be construed as authority to restrict the right of innocent passage as recognized under international law. (f) Foreign vessel defined In this section the term foreign vessel has the meaning given that term in section 2101 of title 46, United States Code. . (b) Deadline for publication The Secretary shall publish a list under section 16(c)(3) of the Ports and Waters Safety Act, as amended by this section, by not later than 30 days after the date of the enactment of this Act. (c) Limitation on application of prohibition Subsection (a) of section 16 of the Ports and Waters Safety Act, as amended by this section, shall not apply until 90 days after the date of publication of the list required by subsection (c) of such section. III Additional authorities to prevent censorship activities in Iran 301. Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the following: (1) The current status of availability of the Islamic Republic of Iran Broadcasting (IRIB) on international satellites, entities that facilitate its operation by providing services or equipment, and the technical means that it engages in jamming. (2) The instances, since January 1, 2012, in which the IRIB engaged in activities that violated Article 19 of the International Covenant on Civil and Political Rights, including broadcasting forced confessions and hate speech against minorities. (3) The instances, since January 1, 2012, in which international broadcasting programs originating from the United States and Europe have been subject to disruption in Iran, with relevant details such as which programs were disrupted, available location information on the origin of the disruption, and the extent of the disruption. (b) Coordination In developing the report required by subsection (a), the Secretary of State shall coordinate with the Broadcasting Board of Governors, the Secretary of the Treasury, and the heads of other relevant Federal departments and agencies. (c) Public availability All unclassified portions of the report required by subsection (a) shall be made publicly available on the Internet web site of the Department of State. 302. List of persons who are high-risk re-exporters of sensitive technologies (a) In general Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Commerce, in conjunction with the Secretary of State and the Secretary of the Treasury, shall make publicly available and update as appropriate a list of persons who are high-risk re-exporters of sensitive technologies in order to seek to ensure that the Government of Iran or an entity owned or controlled by that Government is unable to obtain sensitive technologies through the re-export of such sensitive technologies by third-party intermediaries. (b) Definition In this section, the term sensitive technology has the meaning given that term in section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8515 ). 303. Sense of Congress on provision of intercept technologies to Iran It is the sense of Congress that— (1) those that provide intercept technologies that limit freedom of speech or expression to the Government of Iran should be held accountable for the repression of the Iranian people; and (2) no person should use an existing contract with the Government of Iran as a justification to continue to supply intercept technologies to the Government of Iran for purposes of restricting the free flow of information. 304. Sense of Congress on availability of consumer communication technologies in Iran It is the sense of Congress that— (1) the Department of the Treasury and Department of State should encourage the free flow of information in Iran to counter the Government of Iran’s repression of its own people; and (2) in order to facilitate the free flow of information in Iran, the Department of Treasury should ensure that certain consumer communication technologies are available to Iranian civil society and the Iranian people. 305. Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate (a) In general Section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8753 ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: (e) Rule of construction The expedited process for the consideration of complete requests for authorization to engage in the activities described in subsection (a) shall be construed to also apply to the transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate, obtain information, and access the Internet and other communications systems. . (b) Effective date The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to requests described in section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012, as so amended, that are submitted to the Office of Foreign Assets Control on or after such date of enactment. IV Reports and other matters 401. National Strategy on Iran (a) National strategy required The President shall develop a strategy, to be known as the National Strategy on Iran , that provides strategic guidance for activities that support the objective of addressing the threats posed by Iran. (b) Annual report Not later than 180 days after the date of the enactment of this Act or January 30, 2014, whichever occurs first, and every January 30 thereafter, the President shall submit to the appropriate congressional committees the National Strategy on Iran required under subsection (a). (c) Matters To be included The report required under subsection (b) shall include, at a minimum, the following: (1) A description of Iran’s grand strategy and security strategy, including strategic objectives, and the security posture and objectives of Iran. (2) A description of the United States strategy to— (A) address and counter the capabilities of Iran’s conventional forces and Iran’s unconventional forces; (B) disrupt and deny Iranian efforts to develop or augment capabilities related to nuclear, unconventional, and missile forces development; (C) address the Government of Iran’s economic strategy to enable the objectives described in this subsection; (D) exploit key vulnerabilities; and (E) combat Iranian efforts to suppress Internet freedom, including actions of the United States to— (i) work to promote expanded Internet access for democracy activists in Iran; (ii) add a public diplomacy page to the United States’ virtual embassy in Iran; and (iii) leverage multilateral organizations committed to Internet connectivity in Iran. (3) An implementation plan for the United States strategy described in paragraph (2). (d) Form The report required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (e) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select Committee on Intelligence of the Senate. 402. Report on Iranian nuclear and economic capabilities (a) In general Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the following: (1) An estimate of the timeline for Iranian capabilities to develop nuclear weapons, including— (A) an estimate of the period of time it would take Iran to produce enough weapons-grade uranium for a single implosion-type nuclear weapon, taking into account all known relevant technical data; (B) an estimate of the period of time it would take Iran to produce sufficient separated plutonium for a single nuclear weapon; (C) a description of the assumptions underlying the estimates referred to in subparagraphs (A) and (B), and any information about developments that might alter or otherwise affect those assumptions; (D) an estimate of the date by which the periods of time referred to in subparagraphs (A) and (B) will be less than 45 days; and (E) a description of any efforts by the United States to increase the frequency of inspections by the International Atomic Energy Agency of nuclear facilities in Iran. (2) An assessment of Iranian strategy and capabilities relating to development of nuclear weapons, including— (A) a summary and analysis of current nuclear weapons capabilities; (B) an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran to develop its nuclear weapons capabilities; (C) a summary of the capabilities of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces; (D) a detailed analysis of the effectiveness of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces as delivery systems for a nuclear device; (E) a description of all efforts of Iran to design and develop a nuclear weapon, including efforts to design or fit warheads, and any other possible military dimensions of the nuclear program of Iran; and (F) an analysis of the procurement network, including the amount and sources of funding expended by Iran on programs to develop a nuclear weapons capability. (3) Projected economic effects of international sanctions on Iran, including— (A) an estimate of the capital accounts, current accounts, and amounts of foreign exchange reserves (including access to foreign exchange reserves) of the Government of Iran, and other leading indicators of the status of the economy of Iran; (B) an estimate of timelines with respect to macroeconomic viability of Iran, including the time by which the Government of Iran will exhaust its foreign exchange reserves; (C) an estimate of the date by which the reserves of the Central Bank of Iran will be insufficient for the Government of Iran to avoid a severe balance of payments crisis that prevents it from maintaining a functioning economy, including— (i) the inflation rate, exchange rates, unemployment rate, and budget deficits in Iran; and (ii) other leading macroeconomic indicators used by the International Monetary Fund, professional rating agencies, and other credible sources to assess the economic health of a country; (D) a description of the assumptions underlying the estimate referred to in paragraph (3) and an indication of how changes in each of those assumptions could affect the estimate; (E) an assessment of the effect of sanctions imposed with respect to Iran on moving forward the date referred to in subparagraph (C); and (F) a description of actions taken by the Government of Iran to delay the date referred to in subparagraph (C). (b) Update The President shall submit to the appropriate congressional committees an update of the report required by subsection (a) every 60 days after the date of submission of the report that includes any pertinent developments to Iranian nuclear or economic capabilities. (c) Form The report required under subsection (a) and the update required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate. (2) Nuclear explosive device The term nuclear explosive device means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). 403. Report on plausibility of expanding sanctions on Iranian oil (a) In general Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report assessing the following: (1) Whether petroleum and petroleum products originating in and exported from Iran are refined and sold outside of Iran. (2) Whether products that contain Iranian-origin petroleum or petroleum products as part of their contents are imported into the United States and, if any such products are imported into the United States, whether such importation violates the ban on importation into the United States of Iranian-origin petroleum or petroleum products. (3) Whether it is feasible to ban the importation into the United States of products described in paragraph (2), regardless of whether the ban on importation into the United States of Iranian-origin petroleum or petroleum products applies to such products. (b) Basis of report The report required under subsection (a) may be based on publicly-available information and classified information. The information that is not classified information shall be made publically available. (c) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate. 404. GAO report on Iranian strategy to evade current sanctions and other matters Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (1) evaluates the strategy of the Government of Iran to evade current economic and financial sanctions; and (2) specifically evaluates the ability of Iran to successfully diversify its economy beyond its energy sector, thereby lessening the impact and effectiveness of economic and financial sanctions. 405. Authority to consolidate reports required under Iran sanctions laws (a) In general Any or all reports required to be submitted to Congress under the provisions of law described in subsection (c) on or after the date of the enactment of this Act may, notwithstanding the deadline requirements for submission under such provisions of law, be consolidated into a single report that is submitted to Congress on an annual basis. (b) Exception Subsection (a) shall not apply with respect to the initial report of any report described in subsection (a). (c) Provisions of law described The provisions of law referred to in this section are the following: (1) This Act and the amendments made by this Act. (2) The Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 et seq. ). (3) The Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8701 et seq. ). (4) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8501 et seq. ). 406. Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012 (a) Iran Sanctions Act of 1996 Section 14(4)(B) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended by striking may include, in the discretion of the President and inserting includes . (b) Iran Threat Reduction and Syria Human Rights Act of 2012 Section 211 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 ) is amended by adding at the end the following new subsection: (f) Definition In this section, the term appropriate congressional committees includes the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. . 407. Implementation; penalties (a) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act and the amendments made by this Act. (b) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any amendment made by this Act or regulations prescribed under this Act to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act ( 50 U.S.C. 1705(a) ). 408. Severability (a) In general If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected. (b) Effective date under section 214 If subsection (d) of section 214 is found to be unconstitutional in accordance with subsection (a), the amendments made by such section 214 take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after such date of enactment.\n\nJuly 30, 2013 Reported from the Committee on Foreign Affairs with an amendment July 30, 2013 The Committees on the Judiciary , Financial Services , Oversight and Government Reform , and Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed"}}},{"rowIdx":1586,"cells":{"tv_id":{"kind":"string","value":"113-hr-851-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-851"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":851,"string":"851"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr851ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr851ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:37.498"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 851 IH: Bring Jobs Home Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Credit for\n\t\t\t insourcing expenses\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n Subpart D of part IV\n\t\t\t of subchapter A of\n \n chapter 1\n \n of the Internal Revenue Code of 1986 is amended by\n\t\t\t adding at the end the following new section:\n \n \n \n \n 45S.\n \n \n Credit for\n\t\t\t\tinsourcing expenses\n \n \n \n (a)\n \n \n In\n\t\t\t\tgeneral\n \n \n For purposes of section 38, the insourcing expenses\n\t\t\t\tcredit for any taxable year is an amount equal to 20 percent of the eligible\n\t\t\t\tinsourcing expenses of the taxpayer which are taken into account in such\n\t\t\t\ttaxable year under subsection (d).\n \n \n \n \n (b)\n \n \n Eligible\n\t\t\t\tinsourcing expenses\n \n \n For purposes of this section—\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n The term\n \n eligible insourcing expenses\n \n means—\n \n \n \n (A)\n \n \n eligible expenses\n\t\t\t\tpaid or incurred by the taxpayer in connection with the elimination of any\n\t\t\t\tbusiness unit of the taxpayer (or of any member of any expanded affiliated\n\t\t\t\tgroup in which the taxpayer is also a member) located outside the United\n\t\t\t\tStates, and\n \n \n \n \n (B)\n \n \n eligible expenses\n\t\t\t\tpaid or incurred by the taxpayer in connection with the establishment of any\n\t\t\t\tbusiness unit of the taxpayer (or of any member of any expanded affiliated\n\t\t\t\tgroup in which the taxpayer is also a member) located within the United\n\t\t\t\tStates,\n \n \n \n if such\n\t\t\t\testablishment constitutes the relocation of business unit so eliminated. For\n\t\t\t\tpurposes of the preceding sentence, a relocation shall not be treated as\n\t\t\t\tfailing to occur merely because such elimination occurs in a different taxable\n\t\t\t\tyear than such establishment.\n \n \n \n \n (2)\n \n \n Eligible\n\t\t\t\texpenses\n \n \n The term\n \n eligible expenses\n \n means—\n \n \n \n (A)\n \n \n any amount for\n\t\t\t\twhich a deduction is allowed to the taxpayer under section 162, and\n \n \n \n \n (B)\n \n \n permit and license fees, lease brokerage\n\t\t\t\tfees, equipment installation costs, and, to the extent provided by the\n\t\t\t\tSecretary, other similar expenses.\n \n \n \n Such term\n\t\t\t\tdoes not include any compensation which is paid or incurred in connection with\n\t\t\t\tseverance from employment and, to the extent provided by the Secretary, any\n\t\t\t\tsimilar amount.\n \n \n \n \n (3)\n \n \n Business\n\t\t\t\tunit\n \n \n The term\n \n business unit\n \n means—\n \n \n \n (A)\n \n \n any trade or\n\t\t\t\tbusiness, and\n \n \n \n \n (B)\n \n \n any line of\n\t\t\t\tbusiness, or functional unit, which is part of any trade or business.\n \n \n \n \n \n (4)\n \n \n Expanded\n\t\t\t\taffiliated group\n \n \n The term\n \n expanded affiliated group\n \n means an affiliated group as defined in\n\t\t\t\tsection 1504(a), determined without regard to section 1504(b)(3) and by\n\t\t\t\tsubstituting\n \n \n \n \n (5)\n \n \n Expenses must be\n\t\t\t\tpursuant to insourcing plan\n \n \n Amounts shall be taken into account\n\t\t\t\tunder paragraph (1) only to the extent that such amounts are paid or incurred\n\t\t\t\tpursuant to a written plan to carry out the relocation described in paragraph\n\t\t\t\t(1).\n \n \n \n \n (6)\n \n \n Operating\n\t\t\t\texpenses not taken into account\n \n \n Any amount paid or incurred in\n\t\t\t\tconnection with the on-going operation of a business unit shall not be treated\n\t\t\t\tas an amount paid or incurred in connection with the establishment or\n\t\t\t\telimination of such business unit.\n \n \n \n \n \n (c)\n \n \n Increased\n\t\t\t\tdomestic employment requirement\n \n \n No credit shall be allowed under\n\t\t\t\tthis section unless the number of full-time equivalent employees of the\n\t\t\t\ttaxpayer for the taxable year for which the credit is claimed exceeds the\n\t\t\t\tnumber of full-time equivalent employees of the taxpayer for the last taxable\n\t\t\t\tyear ending before the first taxable year in which such eligible insourcing\n\t\t\t\texpenses were paid or incurred. For purposes of this subsection, full-time\n\t\t\t\tequivalent employees has the meaning given such term under section 45R(d) (and\n\t\t\t\tthe applicable rules of section 45R(e)), determined by only taking into account\n\t\t\t\twages (as otherwise defined in section 45R(e)) paid with respect to services\n\t\t\t\tperformed within the United States. All employers treated as a single employer\n\t\t\t\tunder subsection (b), (c), (m), or (o) of section 414 shall be treated as a\n\t\t\t\tsingle employer for purposes of this subsection.\n \n \n \n \n (d)\n \n \n Credit allowed\n\t\t\t\tupon completion of insourcing plan\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n Except as provided in paragraph (2), eligible insourcing\n\t\t\t\texpenses shall be taken into account under subsection (a) in the taxable year\n\t\t\t\tduring which the plan described in subsection (b)(5) has been completed and all\n\t\t\t\teligible insourcing expenses pursuant to such plan have been paid or\n\t\t\t\tincurred.\n \n \n \n \n (2)\n \n \n Election to\n\t\t\t\tapply employment test and claim credit in first full taxable year after\n\t\t\t\tcompletion of plan\n \n \n If the taxpayer elects the application of this\n\t\t\t\tparagraph, eligible insourcing expenses shall be taken into account under\n\t\t\t\tsubsection (a) in the first taxable year after the taxable year described in\n\t\t\t\tparagraph (1).\n \n \n \n \n \n (e)\n \n \n Possessions\n\t\t\t\ttreated as part of the United States\n \n \n For purposes of this section, the term\n \n United States\n \n shall be treated as including each possession of the\n\t\t\t\tUnited States (including the Commonwealth of Puerto Rico and the Commonwealth\n\t\t\t\tof the Northern Mariana Islands).\n \n \n \n \n (f)\n \n \n Regulations\n \n \n The\n\t\t\t\tSecretary shall prescribe such regulations or other guidance as may be\n\t\t\t\tnecessary or appropriate to carry out the purposes of this\n\t\t\t\tsection.\n \n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Credit To be\n\t\t\t part of general business credit\n \n \n Subsection (b) of section 38 of\n\t\t\t such Code is amended by striking\n \n \n \n \n (37)\n \n \n the insourcing\n\t\t\t\texpenses credit determined under section\n\t\t\t\t45S(a).\n \n \n \n .\n \n \n \n \n \n (c)\n \n \n Clerical\n\t\t\t amendment\n \n \n The table of sections for subpart D of part IV of\n\t\t\t subchapter A of chapter 1 of such Code is amended by adding at the end the\n\t\t\t following new item:\n \n \n \n \n Sec. 45S. Credit for insourcing\n\t\t\t\texpenses.\n \n \n \n .\n \n \n \n \n \n (d)\n \n \n Effective\n\t\t\t date\n \n \n The amendments made by\n\t\t\t this section shall apply to amounts paid or incurred after the date of the\n\t\t\t enactment of this Act.\n \n \n \n \n (e)\n \n \n Application to\n\t\t\t United States possessions\n \n \n \n (1)\n \n \n Payments to\n\t\t\t possessions\n \n \n \n (A)\n \n \n Mirror code\n\t\t\t possessions\n \n \n The Secretary of\n\t\t\t the Treasury shall make periodic payments to each possession of the United\n\t\t\t States with a mirror code tax system in an amount equal to the loss to that\n\t\t\t possession by reason of\n \n section 45S\n \n of the Internal Revenue Code of 1986. Such\n\t\t\t amount shall be determined by the Secretary of the Treasury based on\n\t\t\t information provided by the government of the respective possession.\n \n \n \n \n (B)\n \n \n Other\n\t\t\t possessions\n \n \n The Secretary of\n\t\t\t the Treasury shall make annual payments to each possession of the United States\n\t\t\t which does not have a mirror code tax system in an amount estimated by the\n\t\t\t Secretary of the Treasury as being equal to the aggregate benefits that would\n\t\t\t have been provided to residents of such possession by reason of section 45S of\n\t\t\t such Code if a mirror code tax system had been in effect in such possession.\n\t\t\t The preceding sentence shall not apply with respect to any possession of the\n\t\t\t United States unless such possession has a plan, which has been approved by the\n\t\t\t Secretary of the Treasury, under which such possession will promptly distribute\n\t\t\t such payment to the residents of such possession.\n \n \n \n \n \n (2)\n \n \n Coordination\n\t\t\t with credit allowed against United States income taxes\n \n \n No credit shall be allowed against United\n\t\t\t States income taxes under section 45S of such Code to any person—\n \n \n \n (A)\n \n \n to whom a credit\n\t\t\t is allowed against taxes imposed by the possession by reason of such section,\n\t\t\t or\n \n \n \n \n (B)\n \n \n who is eligible\n\t\t\t for a payment under a plan described in paragraph (1)(B).\n \n \n \n \n \n (3)\n \n \n Definitions and\n\t\t\t special rules\n \n \n \n (A)\n \n \n Possessions of\n\t\t\t the United States\n \n \n For\n\t\t\t purposes of this section, the term\n \n possession of the United States\n \n includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern\n\t\t\t Mariana Islands.\n \n \n \n \n (B)\n \n \n Mirror code tax\n\t\t\t system\n \n \n For purposes of this section, the term\n \n mirror code\n\t\t\t tax system\n \n means, with respect to any possession of the United States,\n\t\t\t the income tax system of such possession if the income tax liability of the\n\t\t\t residents of such possession under such system is determined by reference to\n\t\t\t the income tax laws of the United States as if such possession were the United\n\t\t\t States.\n \n \n \n \n (C)\n \n \n Treatment of\n\t\t\t payments\n \n \n For purposes of\n \n section 1324(b)(2)\n \n of title 31, United\n\t\t\t States Code, the payments under this section shall be treated in the same\n\t\t\t manner as a refund due from sections referred to in such section\n\t\t\t 1324(b)(2).\n \n \n \n \n \n \n \n 3.\n \n \n Denial of\n\t\t\t deduction for outsourcing expenses\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n Part IX of subchapter\n\t\t\t B of\n \n chapter 1\n \n of the Internal Revenue Code of 1986 is amended by adding at the\n\t\t\t end the following new section:\n \n \n \n \n 280I.\n \n \n Outsourcing\n\t\t\t\texpenses\n \n \n \n (a)\n \n \n In\n\t\t\t\tgeneral\n \n \n No deduction\n\t\t\t\totherwise allowable under this chapter shall be allowed for any specified\n\t\t\t\toutsourcing expense.\n \n \n \n \n (b)\n \n \n Specified\n\t\t\t\toutsourcing expense\n \n \n For purposes of this section—\n \n \n \n (1)\n \n \n In\n\t\t\t\tgeneral\n \n \n The term\n \n specified outsourcing expense\n \n means—\n \n \n \n (A)\n \n \n any eligible\n\t\t\t\texpense paid or incurred by the taxpayer in connection with the elimination of\n\t\t\t\tany business unit of the taxpayer (or of any member of any expanded affiliated\n\t\t\t\tgroup in which the taxpayer is also a member) located within the United States,\n\t\t\t\tand\n \n \n \n \n (B)\n \n \n any eligible\n\t\t\t\texpense paid or incurred by the taxpayer in connection with the establishment\n\t\t\t\tof any business unit of the taxpayer (or of any member of any expanded\n\t\t\t\taffiliated group in which the taxpayer is also a member) located outside the\n\t\t\t\tUnited States,\n \n \n \n if such\n\t\t\t\testablishment constitutes the relocation of business unit so eliminated. For\n\t\t\t\tpurposes of the preceding sentence, a relocation shall not be treated as\n\t\t\t\tfailing to occur merely because such elimination occurs in a different taxable\n\t\t\t\tyear than such establishment.\n \n \n \n \n (2)\n \n \n Application of\n\t\t\t\tcertain definitions and rules\n \n \n \n (A)\n \n \n Definitions\n \n \n For purposes of this section, the terms\n \n eligible expenses\n \n ,\n \n business unit\n \n , and\n \n expanded\n\t\t\t\taffiliated group\n \n shall have the respective meanings given such terms by\n\t\t\t\tsection 45S(b).\n \n \n \n \n (B)\n \n \n Operating\n\t\t\t\texpenses not taken into account\n \n \n A rule similar to the rule of\n\t\t\t\tsection 45S(b)(6) shall apply for purposes of this section.\n \n \n \n \n \n \n (c)\n \n \n Special\n\t\t\t\trules\n \n \n \n (1)\n \n \n Application to\n\t\t\t\tdeductions for depreciation and amortization\n \n \n In the case of any\n\t\t\t\tportion of a specified outsourcing expense which is not deductible in the\n\t\t\t\ttaxable year in which paid or incurred, such portion shall neither be\n\t\t\t\tchargeable to capital account nor amortizable.\n \n \n \n \n (2)\n \n \n Possessions\n\t\t\t\ttreated as part of the United States\n \n \n For purposes of this section, the term\n \n United States\n \n shall be treated as including each possession of the\n\t\t\t\tUnited States (including the Commonwealth of Puerto Rico and the Commonwealth\n\t\t\t\tof the Northern Mariana Islands).\n \n \n \n \n \n (d)\n \n \n Regulations\n \n \n The\n\t\t\t\tSecretary shall prescribe such regulations or other guidance as may be\n\t\t\t\tnecessary or appropriate to carry out the purposes of this section, including\n\t\t\t\tregulations which provide (or create a rebuttable presumption) that certain\n\t\t\t\testablishments of business units outside the United States will be treated as\n\t\t\t\trelocations (based on timing or such other factors as the Secretary may\n\t\t\t\tprovide) of business units eliminated within the United\n\t\t\t\tStates.\n \n \n \n \n .\n \n \n \n \n \n (b)\n \n \n Limitation on\n\t\t\t subpart F income of controlled foreign corporations determined without regard\n\t\t\t to specified outsourcing expenses\n \n \n Subsection (c) of section 952\n\t\t\t of such Code is amended by adding at the end the following new\n\t\t\t paragraph:\n \n \n \n \n (4)\n \n \n Earnings and\n\t\t\t\tprofits determined without regard to specified outsourcing\n\t\t\t\texpenses\n \n \n For purposes of this\n\t\t\t\tsubsection, earnings and profits of any controlled foreign corporation shall be\n\t\t\t\tdetermined without regard to any specified outsourcing expense (as defined in\n\t\t\t\tsection\n\t\t\t\t280I(b)).\n \n \n \n .\n \n \n \n \n \n (c)\n \n \n Clerical\n\t\t\t amendment\n \n \n The table of\n\t\t\t sections for part IX of subchapter B of chapter 1 of such Code is amended by\n\t\t\t adding at the end the following new item:\n \n \n \n \n Sec. 280I. Outsourcing\n\t\t\t\texpenses.\n \n \n \n .\n \n \n \n \n \n (d)\n \n \n Effective\n\t\t\t date\n \n \n The amendments made by this section shall apply to amounts\n\t\t\t paid or incurred after the date of the enactment of this Act.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 851 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Pascrell (for himself, Ms. Schwartz , Mr. Rangel , Mr. Lewis , Mr. Larson of Connecticut , Mr. Kind , Mr. Neal , Mr. Becerra , Mr. Danny K. Davis of Illinois , Mr. Levin , and Ms. Linda T. Sánchez of California ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to encourage domestic insourcing and discourage foreign outsourcing.\n\n1. Short title This Act may be cited as the Bring Jobs Home Act . 2. Credit for insourcing expenses (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Credit for insourcing expenses (a) In general For purposes of section 38, the insourcing expenses credit for any taxable year is an amount equal to 20 percent of the eligible insourcing expenses of the taxpayer which are taken into account in such taxable year under subsection (d). (b) Eligible insourcing expenses For purposes of this section— (1) In general The term eligible insourcing expenses means— (A) eligible expenses paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, and (B) eligible expenses paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. (2) Eligible expenses The term eligible expenses means— (A) any amount for which a deduction is allowed to the taxpayer under section 162, and (B) permit and license fees, lease brokerage fees, equipment installation costs, and, to the extent provided by the Secretary, other similar expenses. Such term does not include any compensation which is paid or incurred in connection with severance from employment and, to the extent provided by the Secretary, any similar amount. (3) Business unit The term business unit means— (A) any trade or business, and (B) any line of business, or functional unit, which is part of any trade or business. (4) Expanded affiliated group The term expanded affiliated group means an affiliated group as defined in section 1504(a), determined without regard to section 1504(b)(3) and by substituting more than 50 percent for at least 80 percent each place it appears in section 1504(a). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this paragraph). (5) Expenses must be pursuant to insourcing plan Amounts shall be taken into account under paragraph (1) only to the extent that such amounts are paid or incurred pursuant to a written plan to carry out the relocation described in paragraph (1). (6) Operating expenses not taken into account Any amount paid or incurred in connection with the on-going operation of a business unit shall not be treated as an amount paid or incurred in connection with the establishment or elimination of such business unit. (c) Increased domestic employment requirement No credit shall be allowed under this section unless the number of full-time equivalent employees of the taxpayer for the taxable year for which the credit is claimed exceeds the number of full-time equivalent employees of the taxpayer for the last taxable year ending before the first taxable year in which such eligible insourcing expenses were paid or incurred. For purposes of this subsection, full-time equivalent employees has the meaning given such term under section 45R(d) (and the applicable rules of section 45R(e)), determined by only taking into account wages (as otherwise defined in section 45R(e)) paid with respect to services performed within the United States. All employers treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer for purposes of this subsection. (d) Credit allowed upon completion of insourcing plan (1) In general Except as provided in paragraph (2), eligible insourcing expenses shall be taken into account under subsection (a) in the taxable year during which the plan described in subsection (b)(5) has been completed and all eligible insourcing expenses pursuant to such plan have been paid or incurred. (2) Election to apply employment test and claim credit in first full taxable year after completion of plan If the taxpayer elects the application of this paragraph, eligible insourcing expenses shall be taken into account under subsection (a) in the first taxable year after the taxable year described in paragraph (1). (e) Possessions treated as part of the United States For purposes of this section, the term United States shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). (f) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. . (b) Credit To be part of general business credit Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the insourcing expenses credit determined under section 45S(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Credit for insourcing expenses. . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. (e) Application to United States possessions (1) Payments to possessions (A) Mirror code possessions The Secretary of the Treasury shall make periodic payments to each possession of the United States with a mirror code tax system in an amount equal to the loss to that possession by reason of section 45S of the Internal Revenue Code of 1986. Such amount shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (B) Other possessions The Secretary of the Treasury shall make annual payments to each possession of the United States which does not have a mirror code tax system in an amount estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of section 45S of such Code if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payment to the residents of such possession. (2) Coordination with credit allowed against United States income taxes No credit shall be allowed against United States income taxes under section 45S of such Code to any person— (A) to whom a credit is allowed against taxes imposed by the possession by reason of such section, or (B) who is eligible for a payment under a plan described in paragraph (1)(B). (3) Definitions and special rules (A) Possessions of the United States For purposes of this section, the term possession of the United States includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system For purposes of this section, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from sections referred to in such section 1324(b)(2). 3. Denial of deduction for outsourcing expenses (a) In general Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 280I. Outsourcing expenses (a) In general No deduction otherwise allowable under this chapter shall be allowed for any specified outsourcing expense. (b) Specified outsourcing expense For purposes of this section— (1) In general The term specified outsourcing expense means— (A) any eligible expense paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, and (B) any eligible expense paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. (2) Application of certain definitions and rules (A) Definitions For purposes of this section, the terms eligible expenses , business unit , and expanded affiliated group shall have the respective meanings given such terms by section 45S(b). (B) Operating expenses not taken into account A rule similar to the rule of section 45S(b)(6) shall apply for purposes of this section. (c) Special rules (1) Application to deductions for depreciation and amortization In the case of any portion of a specified outsourcing expense which is not deductible in the taxable year in which paid or incurred, such portion shall neither be chargeable to capital account nor amortizable. (2) Possessions treated as part of the United States For purposes of this section, the term United States shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). (d) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations which provide (or create a rebuttable presumption) that certain establishments of business units outside the United States will be treated as relocations (based on timing or such other factors as the Secretary may provide) of business units eliminated within the United States. . (b) Limitation on subpart F income of controlled foreign corporations determined without regard to specified outsourcing expenses Subsection (c) of section 952 of such Code is amended by adding at the end the following new paragraph: (4) Earnings and profits determined without regard to specified outsourcing expenses For purposes of this subsection, earnings and profits of any controlled foreign corporation shall be determined without regard to any specified outsourcing expense (as defined in section 280I(b)). . (c) Clerical amendment The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 280I. Outsourcing expenses. . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act."}}},{"rowIdx":1587,"cells":{"tv_id":{"kind":"string","value":"113-hr-852-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-852"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":852,"string":"852"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr852ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr852ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:37.256"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 852 IH: Shirley Chisholm Congressional Gold Medal Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Findings\n \n \n The Congress finds as follows:\n \n \n \n (1)\n \n \n Shirley Chisholm\n\t\t\t was a pioneer: She was the first African-American woman elected to Congress in\n\t\t\t 1968 where she served until 1982.\n \n \n \n \n (2)\n \n \n Shirley Chisholm\n\t\t\t inspired and led the march of political achievement by African-Americans and\n\t\t\t women in the three decades since she ran for the Presidency of the United\n\t\t\t States.\n \n \n \n \n (3)\n \n \n Her election to\n\t\t\t Congress and her candidacy for the Presidency raised the profile and\n\t\t\t aspirations of all African-Americans and women in the field of politics.\n \n \n \n \n (4)\n \n \n Shirley Chisholm\n\t\t\t was recognized for her activism, independence, and groundbreaking achievements\n\t\t\t in politics during and after the civil rights era.\n \n \n \n \n (5)\n \n \n Shirley Chisholm\n\t\t\t was born in Brooklyn, New York, on November 30, 1924, attended Brooklyn\n\t\t\t College, and earned a Master's degree from Columbia University.\n \n \n \n \n (6)\n \n \n Shirley Chisholm\n\t\t\t worked in education and social services before being elected to the New York\n\t\t\t State Assembly in 1964.\n \n \n \n \n (7)\n \n \n Shirley Chisholm\n\t\t\t established the Unity Democratic Club in 1960, which played a significant role\n\t\t\t in rallying Black and Hispanic voters in New York City.\n \n \n \n \n (8)\n \n \n In 1969, Shirley\n\t\t\t Chisholm began her service in the 91st Congress, representing Brooklyn's 12th\n\t\t\t Congressional District in the United States House of Representatives.\n \n \n \n \n (9)\n \n \n During her service\n\t\t\t in the House of Representatives, Shirley Chisholm promoted the employment of\n\t\t\t women in Congress and was vocal in her support of civil rights, women's rights,\n\t\t\t and the poor, while fervently opposing the Vietnam War.\n \n \n \n \n (10)\n \n \n In 1972, Shirley\n\t\t\t Chisholm was the first African-American to seek the nomination of a major party\n\t\t\t for President of the United States.\n \n \n \n \n (11)\n \n \n Shirley Chisholm\n\t\t\t was a co-founder of the National Organization for Women.\n \n \n \n \n (12)\n \n \n An historic\n\t\t\t figure in American political history, Shirley Chisholm died at the age of 80 in\n\t\t\t Ormond Beach, Florida, on New Year's Day 2005.\n \n \n \n \n \n 3.\n \n \n Congressional\n\t\t\t gold medal\n \n \n \n (a)\n \n \n Presentation\n\t\t\t Authorized\n \n \n The Speaker of the House of Representatives and the\n\t\t\t President pro tempore of the Senate shall make appropriate arrangements for the\n\t\t\t posthumous presentation, on behalf of the Congress, of a gold medal of\n\t\t\t appropriate design in commemoration of Shirley Chisholm, in recognition of her\n\t\t\t activism, independence, and groundbreaking achievements in politics, her\n\t\t\t election as the first African-American woman in the Congress, and her campaign\n\t\t\t to be the first African-American to gain the nomination of a major political\n\t\t\t party for President of the United States.\n \n \n \n \n (b)\n \n \n Design and\n\t\t\t striking\n \n \n For purposes of the presentation referred to in\n\t\t\t subsection (a), the Secretary of the Treasury (referred to in this Act as the\n \n \n \n \n \n 4.\n \n \n Duplicate\n\t\t\t medals\n \n \n The Secretary may\n\t\t\t strike and sell duplicates in bronze of the gold medal struck pursuant to\n\t\t\t section 3 under such regulations as the Secretary may prescribe, at a price\n\t\t\t sufficient to cover the cost thereof, including labor, materials, dies, use of\n\t\t\t machinery, and overhead expenses, and the cost of the gold medal.\n \n \n \n \n 5.\n \n \n Status of\n\t\t\t medals\n \n \n \n (a)\n \n \n National\n\t\t\t medals\n \n \n The medals struck pursuant to this Act are national medals\n\t\t\t for purposes of\n \n chapter 51\n \n of title 31, United States Code.\n \n \n \n \n (b)\n \n \n Numismatic\n\t\t\t items\n \n \n For purposes of\n \n section 5134\n \n of title 31, United States\n\t\t\t Code, all medals struck under this Act shall be considered to be numismatic\n\t\t\t items.\n \n \n \n \n \n 6.\n \n \n Authority To use\n\t\t\t fund amounts; proceeds of sale\n \n \n \n (a)\n \n \n Authority To use\n\t\t\t fund amounts\n \n \n There is authorized to be charged against the United\n\t\t\t States Mint Public Enterprise Fund, such amounts as may be necessary to pay for\n\t\t\t the costs of the medals struck pursuant to this Act.\n \n \n \n \n (b)\n \n \n Proceeds of\n\t\t\t sale\n \n \n Amounts received from the sale of duplicate bronze medals\n\t\t\t authorized under section 4 shall be deposited into the United States Mint\n\t\t\t Public Enterprise Fund.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 852 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Rangel (for himself, Mr. Bishop of Georgia , Ms. Brown of Florida , Mr. Butterfield , Mrs. Christensen , Ms. Clarke , Mr. Clay , Mr. Cohen , Mr. Conyers , Mr. Cummings , Mr. Danny K. Davis of Illinois , Mr. Fattah , Ms. Fudge , Mr. Al Green of Texas , Mr. Grijalva , Ms. Hahn , Mr. Hastings of Florida , Mr. Holt , Ms. Eddie Bernice Johnson of Texas , Ms. Lee of California , Mr. Lewis , Mrs. Carolyn B. Maloney of New York , Ms. McCollum , Mr. Meeks , Ms. Moore , Ms. Norton , Mr. Payne , Mr. Rush , Mr. Scott of Virginia , Ms. Shea-Porter , Ms. Slaughter , Mr. Thompson of Mississippi , Mr. Watt , and Mr. Van Hollen ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To posthumously award a Congressional gold medal to Shirley Chisholm.\n\n1. Short title This Act may be cited as the Shirley Chisholm Congressional Gold Medal Act . 2. Findings The Congress finds as follows: (1) Shirley Chisholm was a pioneer: She was the first African-American woman elected to Congress in 1968 where she served until 1982. (2) Shirley Chisholm inspired and led the march of political achievement by African-Americans and women in the three decades since she ran for the Presidency of the United States. (3) Her election to Congress and her candidacy for the Presidency raised the profile and aspirations of all African-Americans and women in the field of politics. (4) Shirley Chisholm was recognized for her activism, independence, and groundbreaking achievements in politics during and after the civil rights era. (5) Shirley Chisholm was born in Brooklyn, New York, on November 30, 1924, attended Brooklyn College, and earned a Master's degree from Columbia University. (6) Shirley Chisholm worked in education and social services before being elected to the New York State Assembly in 1964. (7) Shirley Chisholm established the Unity Democratic Club in 1960, which played a significant role in rallying Black and Hispanic voters in New York City. (8) In 1969, Shirley Chisholm began her service in the 91st Congress, representing Brooklyn's 12th Congressional District in the United States House of Representatives. (9) During her service in the House of Representatives, Shirley Chisholm promoted the employment of women in Congress and was vocal in her support of civil rights, women's rights, and the poor, while fervently opposing the Vietnam War. (10) In 1972, Shirley Chisholm was the first African-American to seek the nomination of a major party for President of the United States. (11) Shirley Chisholm was a co-founder of the National Organization for Women. (12) An historic figure in American political history, Shirley Chisholm died at the age of 80 in Ormond Beach, Florida, on New Year's Day 2005. 3. Congressional gold medal (a) Presentation Authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Shirley Chisholm, in recognition of her activism, independence, and groundbreaking achievements in politics, her election as the first African-American woman in the Congress, and her campaign to be the first African-American to gain the nomination of a major political party for President of the United States. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority To use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund."}}},{"rowIdx":1588,"cells":{"tv_id":{"kind":"string","value":"113-hr-853-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-853"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":853,"string":"853"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr853ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr853ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:37.370"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 853 IH: Citrus Disease Research and Development Trust Fund Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Findings and\n\t\t\t purposes\n \n \n \n (a)\n \n \n Findings\n \n \n Congress\n\t\t\t finds that—\n \n \n \n (1)\n \n \n duties collected\n\t\t\t on imports of citrus and citrus products have ranged from $32,000,000 to\n\t\t\t $87,000,000 annually since 2004, and are projected to increase, as United\n\t\t\t States production declines due to the effects of huanglongbing (also known as\n \n \n \n \n (2)\n \n \n in cases involving\n\t\t\t other similarly situated agricultural commodities, notably wool, the Federal\n\t\t\t Government has chosen to divert a portion of the tariff revenue collected on\n\t\t\t imported products to support efforts of the domestic industry to address\n\t\t\t challenges facing the industry;\n \n \n \n \n (3)\n \n \n citrus and citrus\n\t\t\t products are a highly nutritious and healthy part of a balanced diet;\n \n \n \n \n (4)\n \n \n citrus production\n\t\t\t is an important part of the agricultural economy in Florida, California,\n\t\t\t Arizona, and Texas;\n \n \n \n \n (5)\n \n \n in 2012, citrus\n\t\t\t fruits were produced on approximately 804,300 acres in the United States,\n\t\t\t yielding approximately 11,373,000 tons of citrus products with a value at the\n\t\t\t farm of more than $3,443,289,000;\n \n \n \n \n (6)\n \n \n the commercial\n\t\t\t citrus sector employs approximately 110,000 people and contributes\n\t\t\t approximately $13,500,000,000 to the United States economy;\n \n \n \n \n (7)\n \n \n the United States\n\t\t\t citrus industry has suffered billions of dollars in damage from disease and\n\t\t\t pests, both domestic and invasive, over the decade preceding the date of the\n\t\t\t enactment of this Act, particularly from huanglongbing;\n \n \n \n \n (8)\n \n \n huanglongbing\n\t\t\t threatens the entire United States citrus industry because the disease kills\n\t\t\t citrus trees;\n \n \n \n \n (9)\n \n \n as of the date of\n\t\t\t the enactment of this Act, there are no cost effective or environmentally sound\n\t\t\t treatments available to suppress or eradicate huanglongbing;\n \n \n \n \n (10)\n \n \n United States\n\t\t\t citrus producers working with Federal and State governments have devoted tens\n\t\t\t of millions of dollars toward research and efforts to combat huanglongbing and\n\t\t\t other diseases and pests, but more funding is needed to develop and\n\t\t\t commercialize disease and pest solutions;\n \n \n \n \n (11)\n \n \n although imports\n\t\t\t constitute an increasing share of the United States market, importers of citrus\n\t\t\t products into the United States do not directly fund production research in the\n\t\t\t United States;\n \n \n \n \n (12)\n \n \n disease and pest\n\t\t\t suppression technologies require determinations of safety and solutions must be\n\t\t\t commercialized before use by citrus producers;\n \n \n \n \n (13)\n \n \n the complex\n\t\t\t processes involved in discovery and commercialization of safe and effective\n\t\t\t pest and disease suppression technologies are expensive and lengthy and the\n\t\t\t need for the technologies is urgent; and\n \n \n \n \n (14)\n \n \n research to\n\t\t\t develop solutions to suppress huanglongbing, or other domestic and invasive\n\t\t\t pests and diseases will benefit all citrus producers and consumers around the\n\t\t\t world.\n \n \n \n \n \n (b)\n \n \n Purposes\n \n \n The\n\t\t\t purposes of this Act are—\n \n \n \n (1)\n \n \n to authorize the\n\t\t\t establishment of a trust funded by certain tariff revenues to support\n\t\t\t scientific research, technical assistance, and development activities to combat\n\t\t\t citrus diseases and pests, both domestic and invasive, harming the United\n\t\t\t States; and\n \n \n \n \n (2)\n \n \n to require the\n\t\t\t President to notify the chairperson and ranking member of the Committee on\n\t\t\t Finance of the Senate and the Committee on Ways and Means of the House of\n\t\t\t Representatives before entering into any trade agreement that would decrease\n\t\t\t the amount of duties collected on imports of citrus products to less than the\n\t\t\t amount necessary to provide the grants authorized by section 1001(d) of the\n\t\t\t Trade Act of 1974, as added by section 3(a) of this Act.\n \n \n \n \n \n (c)\n \n \n Effect on other\n\t\t\t activities\n \n \n Nothing in this Act restricts the use of any funds for\n\t\t\t scientific research and technical activities in the United States.\n \n \n \n \n \n 3.\n \n \n Citrus Disease\n\t\t\t Research and Development Trust Fund\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n The Trade Act of 1974 (\n \n 19 U.S.C. 2102 et seq.\n \n ) is amended\n\t\t\t by adding at the end the following:\n \n \n \n <enum>\n X\n </enum>\n <header>\n Citrus Disease\n\t\t\t\tResearch and Development Trust Fund\n </header>\n <section id=\"H9D35D32E7A164D4AA5E4BADED6D7FA3D\">\n <enum>\n 1001.\n </enum>\n <header>\n Citrus Disease\n\t\t\t\tResearch and Development Trust Fund\n </header>\n <subsection id=\"H0FC1E3031563434AA0180591D86504B5\">\n <enum>\n (a)\n </enum>\n <header>\n Establishment\n </header>\n <text>\n There\n\t\t\t\tis established in the Treasury of the United States a trust fund to be known as\n\t\t\t\tthe\n <quote>\n Citrus Disease Research and Development Trust Fund\n </quote>\n (in this\n\t\t\t\tsection referred to as the\n <quote>\n Trust Fund\n </quote>\n ), consisting of such\n\t\t\t\tamounts as may be transferred to the Trust Fund under subsection (b)(1) and any\n\t\t\t\tamounts that may be credited to the Trust Fund under subsection (d)(2).\n </text>\n </subsection>\n <subsection id=\"HA52DF18B5C6D4411AE8441B0F05B6E27\">\n <enum>\n (b)\n </enum>\n <header>\n Transfer of\n\t\t\t\tamounts\n </header>\n <paragraph id=\"H15BFD5ACF6DE4615967FF481A8EE6946\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n Subject to paragraph (2), the Secretary of the Treasury\n\t\t\t\tshall transfer to the Trust Fund, from the general fund of the Treasury,\n\t\t\t\tamounts determined by the Secretary to be equivalent to amounts received in the\n\t\t\t\tgeneral fund that are attributable to the duties collected on articles that are\n\t\t\t\tcitrus or citrus products classifiable under chapters 8, 20, 21, 22, and 33 of\n\t\t\t\tthe Harmonized Tariff Schedule of the United States.\n </text>\n </paragraph>\n <paragraph id=\"H29C5B24DCE7E4620A2CCD85CFD49DA9F\">\n <enum>\n (2)\n </enum>\n <header>\n Limitation\n </header>\n <text>\n The\n\t\t\t\tamount transferred to the Trust Fund under paragraph (1) in any fiscal year may\n\t\t\t\tnot exceed the lesser of—\n </text>\n <subparagraph id=\"H9E81C4AB57AE4E2EA949933A5C6CB545\">\n <enum>\n (A)\n </enum>\n <text>\n an amount equal to\n <fraction>\n 1/3\n </fraction>\n of the amount attributable to the duties received on\n\t\t\t\tarticles described in paragraph (1); or\n </text>\n </subparagraph>\n <subparagraph id=\"H6F0DDB35F4A146B9A5C91E77CB18ADC8\">\n <enum>\n (B)\n </enum>\n <text>\n $30,000,000.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"H5D76BD110E3E40DB8B68143A308ED8E8\">\n <enum>\n (c)\n </enum>\n <header>\n Availability of\n\t\t\t\tamounts in Trust Fund\n </header>\n <paragraph id=\"H5701536C2B3544BBB96DDC2DA0605445\">\n <enum>\n (1)\n </enum>\n <header>\n Amounts\n\t\t\t\tavailable until expended\n </header>\n <text>\n Amounts in the Trust Fund shall remain\n\t\t\t\tavailable until expended without further appropriation.\n </text>\n </paragraph>\n <paragraph id=\"HEA9DBE50490B46208C443674406595C6\">\n <enum>\n (2)\n </enum>\n <header>\n Availability for\n\t\t\t\tcitrus disease research and development expenditures\n </header>\n <text>\n Amounts in\n\t\t\t\tthe Trust Fund shall be available to the Secretary of Agriculture—\n </text>\n <subparagraph id=\"HA9FB34059BE64E708B8AFC2E1571EB27\">\n <enum>\n (A)\n </enum>\n <text>\n for expenditures\n\t\t\t\trelating to citrus disease research and development under section 4 of the\n <short-title>\n Citrus Disease Research and Development Trust\n\t\t\t\tFund Act of 2013\n </short-title>\n , including costs relating to contracts or other\n\t\t\t\tagreements entered into to carry out citrus disease research and development;\n\t\t\t\tand\n </text>\n </subparagraph>\n <subparagraph id=\"HF27BD51E44084D5EA0A0A860CB81AE60\">\n <enum>\n (B)\n </enum>\n <text>\n to cover\n\t\t\t\tadministrative costs incurred by the Secretary in carrying out the provisions\n\t\t\t\tof that Act.\n </text>\n </subparagraph>\n </paragraph>\n </subsection>\n <subsection id=\"HF3BA9AC08E7545FB9116E4388BC45845\">\n <enum>\n (d)\n </enum>\n <header>\n Investment of\n\t\t\t\tTrust Fund\n </header>\n <paragraph id=\"H4A3BA5074AF4477DAA563193E9E7011D\">\n <enum>\n (1)\n </enum>\n <header>\n In\n\t\t\t\tgeneral\n </header>\n <text>\n The Secretary of the Treasury shall invest such portion\n\t\t\t\tof the Trust Fund as is not required to meet current withdrawals in\n\t\t\t\tinterest-bearing obligations of the United States or in obligations guaranteed\n\t\t\t\tas to both principal and interest by the United States. Such obligations may be\n\t\t\t\tacquired on original issue at the issue price or by purchase of outstanding\n\t\t\t\tobligations at the market price. Any obligation acquired by the Trust Fund may\n\t\t\t\tbe sold by the Secretary of the Treasury at the market price.\n </text>\n </paragraph>\n <paragraph id=\"HEBB4A6D7ADB04C39BD851360EC131E03\">\n <enum>\n (2)\n </enum>\n <header>\n Interest and\n\t\t\t\tproceeds from sale or redemption of obligations\n </header>\n <text>\n The interest on,\n\t\t\t\tand the proceeds from the sale or redemption of, any obligations held in the\n\t\t\t\tTrust Fund shall be credited to and form a part of the Trust Fund.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H7A0F30AB379D465DA3EC78FE39393C00\">\n <enum>\n (e)\n </enum>\n <header>\n Reports to\n\t\t\t\tCongress\n </header>\n <text>\n Not later than January 15, 2014, and each year\n\t\t\t\tthereafter until the year after the termination of the Trust Fund, the\n\t\t\t\tSecretary of the Treasury, in consultation with the Secretary of Agriculture,\n\t\t\t\tshall submit to Congress a report on the financial condition and the results of\n\t\t\t\tthe operations of the Trust Fund that includes—\n </text>\n <paragraph id=\"H51F646B0FB2F4B79AE8629630547C252\">\n <enum>\n (1)\n </enum>\n <text>\n a detailed\n\t\t\t\tdescription of the amounts disbursed from the Trust Fund in the preceding\n\t\t\t\tfiscal year and the manner in which those amounts were expended;\n </text>\n </paragraph>\n <paragraph id=\"H0A61F0D646D7433EA2184DFAAE981542\">\n <enum>\n (2)\n </enum>\n <text>\n an assessment of\n\t\t\t\tthe financial condition and the operations of the Trust Fund for the current\n\t\t\t\tfiscal year; and\n </text>\n </paragraph>\n <paragraph id=\"H5631A1F66B8940CBB972F97C510846E3\">\n <enum>\n (3)\n </enum>\n <text>\n an assessment of\n\t\t\t\tthe amounts available in the Trust Fund for future expenditures.\n </text>\n </paragraph>\n </subsection>\n <subsection id=\"H09C629B3BC5A46BC86FF84C878E50529\">\n <enum>\n (f)\n </enum>\n <header>\n Remission of\n\t\t\t\tsurplus funds\n </header>\n <text>\n The Secretary of the Treasury may remit to the\n\t\t\t\tgeneral fund of the Treasury such amounts as the Secretary of Agriculture\n\t\t\t\treports to be in excess of the amounts necessary to meet the purposes of the\n <short-title>\n Citrus Disease Research and Development Trust\n\t\t\t\tFund Act of 2013\n </short-title>\n .\n </text>\n </subsection>\n <subsection id=\"H983CFE4D715E42EF96DDD405B665049A\">\n <enum>\n (g)\n </enum>\n <header>\n Sunset\n\t\t\t\tprovision\n </header>\n <text>\n The Trust Fund shall terminate on December 31 of the\n\t\t\t\tfifth calendar year that begins after the date of the enactment of the\n <short-title>\n Citrus Disease Research and Development Trust\n\t\t\t\tFund Act of 2013\n </short-title>\n and all amounts in the Trust Fund on December 31\n\t\t\t\tof that fifth calendar year shall be transferred to the general fund of the\n\t\t\t\tTreasury.\n </text>\n </subsection>\n </section>\n <section id=\"HC5A8F79A01C349A9B2886812FA67CED8\">\n <enum>\n 1002.\n </enum>\n <header>\n Reports\n\t\t\t\trequired before entering into certain trade agreements\n </header>\n <text display-inline=\"no-display-inline\">\n The President shall notify the chairperson\n\t\t\t\tand ranking member of the Committee on Finance of the Senate and the Committee\n\t\t\t\ton Ways and Means of the House of Representatives not later than 90 days before\n\t\t\t\tentering into a trade agreement if the President determines that entering into\n\t\t\t\tthe trade agreement could result—\n </text>\n <paragraph id=\"H2DB104B57EFF431C991491EA408D15F5\">\n <enum>\n (1)\n </enum>\n <text>\n in a decrease in\n\t\t\t\tthe amount of duties collected on articles that are citrus or citrus products\n\t\t\t\tclassifiable under chapters 8, 20, 21, 22, and 33 of the Harmonized Tariff\n\t\t\t\tSchedule of the United States; and\n </text>\n </paragraph>\n <paragraph id=\"H46344EB1535F4C5C90372FA563F54C4A\">\n <enum>\n (2)\n </enum>\n <text>\n in a decrease in\n\t\t\t\tthe amount of funds being transferred into the Citrus Disease Research and\n\t\t\t\tDevelopment Trust Fund under section 1001 so that amounts available in the\n\t\t\t\tTrust Fund are insufficient to meet the purposes of the\n <short-title>\n Citrus Disease Research and Development Trust\n\t\t\t\tFund Act of\n\t\t\t\t2013\n </short-title>\n .\n </text>\n </paragraph>\n </section>\n \n \n .\n \n \n \n \n \n (b)\n \n \n Clerical\n\t\t\t amendment\n \n \n The table of contents for the Trade Act of 1974 is\n\t\t\t amended by adding at the end the following:\n \n \n \n \n TITLE X—Citrus Disease Research and Development Trust\n\t\t\t\tFund\n \n \n Sec. 1001. Citrus Disease Research and Development Trust\n\t\t\t\tFund.\n \n \n Sec. 1002. Reports required before entering into certain trade\n\t\t\t\tagreements.\n \n \n \n .\n \n \n \n \n \n \n 4.\n \n \n Citrus Disease\n\t\t\t Research and Development Trust Fund Advisory Board\n \n \n \n (a)\n \n \n Purpose\n \n \n The\n\t\t\t purpose of this section is to establish an orderly procedure and financing\n\t\t\t mechanism for the development of an effective and coordinated program of\n\t\t\t research and product development relating to—\n \n \n \n (1)\n \n \n scientific\n\t\t\t research concerning diseases and pests, both domestic and invasive, afflicting\n\t\t\t the citrus industry; and\n \n \n \n \n (2)\n \n \n support for the\n\t\t\t dissemination and commercialization of relevant information, techniques, and\n\t\t\t technologies discovered pursuant to research funded through the Citrus Disease\n\t\t\t Research and Development Trust Fund established under section 1001 of the Trade\n\t\t\t Act of 1974, as added by section 3(a) of this Act, or through other research\n\t\t\t projects intended to solve problems caused by citrus production diseases and\n\t\t\t invasive pests.\n \n \n \n \n \n (b)\n \n \n Definitions\n \n \n In\n\t\t\t this section:\n \n \n \n (1)\n \n \n Board\n \n \n The\n\t\t\t term\n \n Board\n \n means the Citrus Disease Research and Development Trust\n\t\t\t Fund Advisory Board established under this section.\n \n \n \n \n (2)\n \n \n Citrus\n \n \n \n (A)\n \n \n In\n\t\t\t general\n \n \n The term\n \n citrus\n \n means edible fruit of the\n\t\t\t family Rutaceae, commonly called\n \n \n \n \n (B)\n \n \n Inclusion\n \n \n The\n\t\t\t term\n \n citrus\n \n includes all citrus hybrids and products of citrus\n\t\t\t hybrids that are produced for commercial purposes in the United States.\n \n \n \n \n \n (3)\n \n \n Department\n \n \n The\n\t\t\t term\n \n Department\n \n means the Department of Agriculture.\n \n \n \n \n (4)\n \n \n Person\n \n \n The\n\t\t\t term\n \n person\n \n means any individual, group of individuals, firm,\n\t\t\t partnership, corporation, joint stock company, association, cooperative, or\n\t\t\t other legal entity.\n \n \n \n \n (5)\n \n \n Producer\n \n \n The\n\t\t\t term\n \n producer\n \n means any person that is engaged in the domestic\n\t\t\t production and commercial sale of citrus in the United States.\n \n \n \n \n (6)\n \n \n Program\n \n \n The\n\t\t\t term\n \n program\n \n means the citrus research and development program\n\t\t\t authorized under this section.\n \n \n \n \n (7)\n \n \n Secretary\n \n \n The\n\t\t\t term\n \n Secretary\n \n means the Secretary of Agriculture.\n \n \n \n \n (8)\n \n \n Trust\n\t\t\t Fund\n \n \n The term\n \n Trust Fund\n \n means the Citrus Disease\n\t\t\t Research and Development Trust Fund established under section 1001 of the Trade\n\t\t\t Act of 1974, as added by section 3(a) of this Act.\n \n \n \n \n \n (c)\n \n \n Implementation\n \n \n \n (1)\n \n \n Regulations\n \n \n Not\n\t\t\t later than 180 days after the date of the enactment of this Act, the Secretary\n\t\t\t shall promulgate regulations to carry out this section.\n \n \n \n \n (2)\n \n \n Citrus Advisory\n\t\t\t Board\n \n \n \n (A)\n \n \n Establishment\n\t\t\t and membership\n \n \n \n (i)\n \n \n Establishment\n \n \n The\n\t\t\t Citrus Disease Research and Development Trust Fund Advisory Board shall consist\n\t\t\t of 9 members.\n \n \n \n \n (ii)\n \n \n Membership\n \n \n The\n\t\t\t members of the Board shall be appointed by the Secretary.\n \n \n \n \n (iii)\n \n \n Status\n \n \n Members\n\t\t\t of the Board represent the interests of the citrus industry and shall not be\n\t\t\t considered officers or employees of the Federal Government solely due to\n\t\t\t membership on the Board.\n \n \n \n \n \n (B)\n \n \n Distribution of\n\t\t\t appointments\n \n \n The membership of the Board shall consist of—\n \n \n \n (i)\n \n \n 5\n\t\t\t members who are domestic producers of citrus in Florida;\n \n \n \n \n (ii)\n \n \n 3\n\t\t\t members who are domestic producers of citrus in Arizona or California;\n\t\t\t and\n \n \n \n \n (iii)\n \n \n 1\n\t\t\t member who is a domestic producer of citrus in Texas.\n \n \n \n \n \n (C)\n \n \n Consultation\n \n \n Prior\n\t\t\t to making appointments to the Board, the Secretary shall consult with\n\t\t\t organizations composed primarily of citrus producers to receive advice and\n\t\t\t recommendations regarding Board membership.\n \n \n \n \n (D)\n \n \n Board\n\t\t\t vacancies\n \n \n \n (i)\n \n \n In\n\t\t\t general\n \n \n The Secretary shall appoint a new Board member to serve\n\t\t\t the remainder of a term vacated by a departing Board member.\n \n \n \n \n (ii)\n \n \n Requirements\n \n \n When\n\t\t\t filling a vacancy on the Board, the Secretary shall—\n \n \n \n (I)\n \n \n appoint a citrus\n\t\t\t producer from the same State as the Board member being replaced; and\n \n \n \n \n (II)\n \n \n prior to making\n\t\t\t an appointment, consult with organizations in that State composed primarily of\n\t\t\t citrus producers to receive advice and recommendations regarding the\n\t\t\t vacancy.\n \n \n \n \n \n \n (E)\n \n \n Terms\n \n \n \n (i)\n \n \n In\n\t\t\t general\n \n \n Except as provided in clause (ii), each term of\n\t\t\t appointment to the Board shall be for 5 years.\n \n \n \n \n (ii)\n \n \n Initial\n\t\t\t appointments\n \n \n In making initial appointments to the Board, the\n\t\t\t Secretary shall appoint\n \n 1/3\n \n of the members to terms of 1,\n\t\t\t 3, and 5 years, respectively.\n \n \n \n \n \n (F)\n \n \n Disqualification\n\t\t\t from Board service\n \n \n If a member or alternate of the Board who was\n\t\t\t appointed as a domestic producer ceases to be a producer in the State from\n\t\t\t which the member was appointed, or fails to fulfill the duties of the member\n\t\t\t according to the rules established by the Board under paragraph (4)(A)(ii), the\n\t\t\t member or alternate shall be disqualified from serving on the Board.\n \n \n \n \n (G)\n \n \n Compensation\n \n \n \n (i)\n \n \n In\n\t\t\t general\n \n \n The members of the Board shall serve without\n\t\t\t compensation, other than travel expenses described in clause (ii).\n \n \n \n \n (ii)\n \n \n Travel\n\t\t\t expenses\n \n \n A member of the Board shall be allowed travel expenses,\n\t\t\t including per diem in lieu of subsistence, at rates authorized for an employee\n\t\t\t of an agency under subchapter I of\n \n chapter 57\n \n of title 5, United States Code,\n\t\t\t while away from the home or regular place of business of the member in the\n\t\t\t performance of the duties of the Board.\n \n \n \n \n \n \n (3)\n \n \n Powers\n \n \n \n (A)\n \n \n Gifts\n \n \n The\n\t\t\t Board may accept, use, and dispose of gifts or donations of services or\n\t\t\t property.\n \n \n \n \n (B)\n \n \n Postal\n\t\t\t services\n \n \n The Board may use the United States mails in the same\n\t\t\t manner and under the same conditions as other agencies of the Federal\n\t\t\t Government.\n \n \n \n \n (C)\n \n \n Volunteer\n\t\t\t services\n \n \n Notwithstanding\n \n section 1342\n \n of title 31, United States\n\t\t\t Code, the Board may accept and use the services of volunteers serving without\n\t\t\t compensation.\n \n \n \n \n (D)\n \n \n Technical and\n\t\t\t logistical support\n \n \n Subject to the availability of funds, the\n\t\t\t Secretary shall provide to the Board technical and logistical support through\n\t\t\t contract or other means, including—\n \n \n \n (i)\n \n \n procuring the\n\t\t\t services of experts and consultants in accordance with section 3109(b) of title\n\t\t\t 5, United States Code, but at rates for individuals not to exceed the daily\n\t\t\t equivalent of the highest rate payable under section 5332 of that title;\n\t\t\t and\n \n \n \n \n (ii)\n \n \n entering into\n\t\t\t contracts with departments, agencies, and instrumentalities of the Federal\n\t\t\t Government, State agencies, and private entities for the preparation of\n\t\t\t reports, surveys, and other activities.\n \n \n \n \n \n (E)\n \n \n Detail of\n\t\t\t Federal Government employees\n \n \n \n (i)\n \n \n In\n\t\t\t general\n \n \n An employee of the Federal Government may be detailed to\n\t\t\t the Commission on a reimbursable or nonreimbursable basis.\n \n \n \n \n (ii)\n \n \n Civil service\n\t\t\t status\n \n \n The detail of the employee shall be without interruption\n\t\t\t or loss of civil service status or privilege.\n \n \n \n \n \n (F)\n \n \n General Services\n\t\t\t Administration\n \n \n The Administrator of General Services shall\n\t\t\t provide to the Board on a reimbursable basis administrative support and other\n\t\t\t services for the performance of the duties of the Board.\n \n \n \n \n (G)\n \n \n Other\n\t\t\t Departments and Agencies\n \n \n Departments and agencies of the United\n\t\t\t States may provide to the Board such services, funds, facilities, staff, and\n\t\t\t other support services as may be appropriate.\n \n \n \n \n \n (4)\n \n \n General\n\t\t\t responsibilities of the Board\n \n \n \n (A)\n \n \n In\n\t\t\t general\n \n \n The regulations promulgated by the Secretary shall define\n\t\t\t the general responsibilities of the Board, which shall include the\n\t\t\t responsibilities—\n \n \n \n (i)\n \n \n to\n\t\t\t meet, organize, and select from among the members of the Board a chairperson,\n\t\t\t other officers, and committees and subcommittees, as the Board determines to be\n\t\t\t appropriate;\n \n \n \n \n (ii)\n \n \n to\n\t\t\t adopt and amend rules and regulations governing the conduct of the activities\n\t\t\t of the Board and the performance of the duties of the Board;\n \n \n \n \n (iii)\n \n \n to\n\t\t\t hire such experts and consultants as the Board considers necessary to enable\n\t\t\t the Board to perform the duties of the Board;\n \n \n \n \n (iv)\n \n \n to\n\t\t\t advise the Secretary on citrus research and development needs;\n \n \n \n \n (v)\n \n \n to\n\t\t\t propose a research and development agenda and annual budgets for the Trust\n\t\t\t Fund;\n \n \n \n \n (vi)\n \n \n to\n\t\t\t evaluate and review ongoing research funded by Trust Fund;\n \n \n \n \n (vii)\n \n \n to\n\t\t\t engage in regular consultation and collaboration with the Department and other\n\t\t\t institutional, governmental, and private actors conducting scientific research\n\t\t\t into the causes or treatments of citrus diseases and pests, both domestic and\n\t\t\t invasive, so as to—\n \n \n \n (I)\n \n \n maximize the\n\t\t\t effectiveness of the activities;\n \n \n \n \n (II)\n \n \n hasten the\n\t\t\t development of useful treatments; and\n \n \n \n \n (III)\n \n \n avoid\n\t\t\t duplicative and wasteful expenditures; and\n \n \n \n \n \n (viii)\n \n \n to provide the\n\t\t\t Secretary with such information and advice as the Secretary may request.\n \n \n \n \n \n \n (5)\n \n \n Citrus research\n\t\t\t and development agenda and budgets\n \n \n \n (A)\n \n \n In\n\t\t\t general\n \n \n The Board shall submit annually to the Secretary a\n\t\t\t proposed research and development agenda and budget for the Trust Fund, which\n\t\t\t shall include—\n \n \n \n (i)\n \n \n an\n\t\t\t evaluation of ongoing research and development efforts;\n \n \n \n \n (ii)\n \n \n specific\n\t\t\t recommendations for new citrus research projects;\n \n \n \n \n (iii)\n \n \n a\n\t\t\t plan for the dissemination and commercialization of relevant information,\n\t\t\t techniques, and technologies discovered pursuant to research funded through the\n\t\t\t Trust Fund; and\n \n \n \n \n (iv)\n \n \n a\n\t\t\t justification for Trust Fund expenditures.\n \n \n \n \n \n (B)\n \n \n Affirmative\n\t\t\t support required\n \n \n A research and development agenda and budget may\n\t\t\t not be submitted by the Board to the Secretary without the affirmative support\n\t\t\t of at least 7 members of the Board.\n \n \n \n \n (C)\n \n \n Secretarial\n\t\t\t approval\n \n \n \n (i)\n \n \n In\n\t\t\t general\n \n \n Not later than 60 days after receiving the proposed\n\t\t\t research and development agenda and budget from the Board and consulting with\n\t\t\t the Board, the Secretary shall finalize a citrus research and development\n\t\t\t agenda and Trust Fund budget.\n \n \n \n \n (ii)\n \n \n Considerations\n \n \n In\n\t\t\t finalizing the agenda and budget, the Secretary shall—\n \n \n \n (I)\n \n \n due to the\n\t\t\t proximity of citrus producers to the effects of diseases such as huanglongbing\n\t\t\t and the quickly evolving nature of scientific understanding of the effect of\n\t\t\t the diseases on citrus production, give strong deference to the proposed\n\t\t\t research and development agenda and budget from the Board; and\n \n \n \n \n (II)\n \n \n take into account\n\t\t\t other public and private citrus-related research and development projects and\n\t\t\t funding.\n \n \n \n \n \n \n (D)\n \n \n Report to\n\t\t\t Congress\n \n \n Each year, the Secretary shall submit to the Committee\n\t\t\t on Agriculture and the Committee on Ways and Means of the House of\n\t\t\t Representatives and the Committee on Agriculture, Nutrition, and Forestry and\n\t\t\t the Committee on Finance of the Senate a report that includes—\n \n \n \n (i)\n \n \n the\n\t\t\t most recent citrus research and development agenda and budget of the\n\t\t\t Secretary;\n \n \n \n \n (ii)\n \n \n an\n\t\t\t analysis of how, why, and to what extent the agenda and budget finalized by the\n\t\t\t Secretary differs from the proposal of the Board;\n \n \n \n \n (iii)\n \n \n an\n\t\t\t examination of new developments in the spread and control of citrus diseases\n\t\t\t and pests;\n \n \n \n \n (iv)\n \n \n a\n\t\t\t discussion of projected research needs; and\n \n \n \n \n (v)\n \n \n a\n\t\t\t review of the effectiveness of the Trust Fund in achieving the purpose\n\t\t\t described in subsection (a).\n \n \n \n \n \n \n (6)\n \n \n Contracts and\n\t\t\t agreements\n \n \n To ensure the efficient use of funds, the Secretary\n\t\t\t may enter into contracts or agreements with public or private entities for the\n\t\t\t implementation of a plan or project for citrus research.\n \n \n \n \n \n (d)\n \n \n Administrative\n\t\t\t costs\n \n \n Each fiscal year, the Secretary may transfer up to\n\t\t\t $2,000,000 of amounts in the Trust Fund to the Board for expenses incurred by\n\t\t\t the Board in carrying out the duties of the Board.\n \n \n \n \n (e)\n \n \n Termination of\n\t\t\t Board\n \n \n The Board shall\n\t\t\t terminate on December 31 of the fifth calendar year that begins after the date\n\t\t\t of the enactment of this Act.\n \n \n \n \n \n 5.\n \n \n Time for payment\n\t\t\t of corporate estimated taxes\n \n \n Notwithstanding section 6655 of the Internal\n\t\t\t Revenue Code of 1986, in the case of a corporation with assets of not less than\n\t\t\t $1,000,000,000 (determined as of the end of the preceding taxable year)—\n \n \n \n (1)\n \n \n the amount of any\n\t\t\t required installment of corporate estimated tax which is otherwise due in July,\n\t\t\t August, or September of 2018 shall be increased by 0.25 percent of such amount\n\t\t\t (determined without regard to any increase in such amount not contained in such\n\t\t\t Code); and\n \n \n \n \n (2)\n \n \n the amount of the\n\t\t\t next required installment after an installment referred to in paragraph (1)\n\t\t\t shall be appropriately reduced to reflect the amount of the increase by reason\n\t\t\t of such paragraph.\n \n \n \n \n \n 6.\n \n \n Extension of\n\t\t\t customs user fees\n \n \n Section\n\t\t\t 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19\n\t\t\t U.S.C. 58c(j)(3)) is amended by adding at the end the following:\n \n \n \n \n (C)\n \n \n \n (i)\n \n \n Notwithstanding\n\t\t\t\tsubparagraph (A), fees may be charged under paragraphs (9) and (10) of\n\t\t\t\tsubsection (a) during the period beginning on October 23, 2021, and ending on\n\t\t\t\tNovember 6, 2021.\n \n \n \n \n (ii)\n \n \n Notwithstanding subparagraph (B)(i),\n\t\t\t\tfees may be charged under paragraphs (1) through (8) of subsection (a) during\n\t\t\t\tthe period beginning on October 30, 2021, and ending on November 13,\n\t\t\t\t2021.\n \n \n \n \n .\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 853 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Buchanan (for himself, Ms. Brown of Florida , Ms. Castor of Florida , Mr. Crenshaw , Mr. Deutch , Mr. Diaz-Balart , Ms. Frankel of Florida , Mr. Garcia , Mr. Grayson , Mr. Hastings of Florida , Mr. Miller of Florida , Mr. Murphy of Florida , Mr. Nugent , Mr. Posey , Mr. Radel , Mr. Rooney , Ms. Ros-Lehtinen , Mr. Ross , Mr. Southerland , Ms. Wasserman Schultz , Mr. Webster of Florida , Ms. Wilson of Florida , Mr. Yoho , Mr. Young of Florida , Mr. Hinojosa , Mr. Cuellar , and Ms. Brownley of California ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To create a Citrus Disease Research and Development Trust Fund to support research on diseases impacting the citrus industry, and for other purposes.\n\n1. Short title This Act may be cited as the Citrus Disease Research and Development Trust Fund Act of 2013 . 2. Findings and purposes (a) Findings Congress finds that— (1) duties collected on imports of citrus and citrus products have ranged from $32,000,000 to $87,000,000 annually since 2004, and are projected to increase, as United States production declines due to the effects of huanglongbing (also known as HLB or citrus greening disease ) and imports increase in response to the shortfall in the United States; (2) in cases involving other similarly situated agricultural commodities, notably wool, the Federal Government has chosen to divert a portion of the tariff revenue collected on imported products to support efforts of the domestic industry to address challenges facing the industry; (3) citrus and citrus products are a highly nutritious and healthy part of a balanced diet; (4) citrus production is an important part of the agricultural economy in Florida, California, Arizona, and Texas; (5) in 2012, citrus fruits were produced on approximately 804,300 acres in the United States, yielding approximately 11,373,000 tons of citrus products with a value at the farm of more than $3,443,289,000; (6) the commercial citrus sector employs approximately 110,000 people and contributes approximately $13,500,000,000 to the United States economy; (7) the United States citrus industry has suffered billions of dollars in damage from disease and pests, both domestic and invasive, over the decade preceding the date of the enactment of this Act, particularly from huanglongbing; (8) huanglongbing threatens the entire United States citrus industry because the disease kills citrus trees; (9) as of the date of the enactment of this Act, there are no cost effective or environmentally sound treatments available to suppress or eradicate huanglongbing; (10) United States citrus producers working with Federal and State governments have devoted tens of millions of dollars toward research and efforts to combat huanglongbing and other diseases and pests, but more funding is needed to develop and commercialize disease and pest solutions; (11) although imports constitute an increasing share of the United States market, importers of citrus products into the United States do not directly fund production research in the United States; (12) disease and pest suppression technologies require determinations of safety and solutions must be commercialized before use by citrus producers; (13) the complex processes involved in discovery and commercialization of safe and effective pest and disease suppression technologies are expensive and lengthy and the need for the technologies is urgent; and (14) research to develop solutions to suppress huanglongbing, or other domestic and invasive pests and diseases will benefit all citrus producers and consumers around the world. (b) Purposes The purposes of this Act are— (1) to authorize the establishment of a trust funded by certain tariff revenues to support scientific research, technical assistance, and development activities to combat citrus diseases and pests, both domestic and invasive, harming the United States; and (2) to require the President to notify the chairperson and ranking member of the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives before entering into any trade agreement that would decrease the amount of duties collected on imports of citrus products to less than the amount necessary to provide the grants authorized by section 1001(d) of the Trade Act of 1974, as added by section 3(a) of this Act. (c) Effect on other activities Nothing in this Act restricts the use of any funds for scientific research and technical activities in the United States. 3. Citrus Disease Research and Development Trust Fund (a) In general The Trade Act of 1974 ( 19 U.S.C. 2102 et seq. ) is amended by adding at the end the following: X Citrus Disease Research and Development Trust Fund 1001. Citrus Disease Research and Development Trust Fund (a) Establishment There is established in the Treasury of the United States a trust fund to be known as the Citrus Disease Research and Development Trust Fund (in this section referred to as the Trust Fund ), consisting of such amounts as may be transferred to the Trust Fund under subsection (b)(1) and any amounts that may be credited to the Trust Fund under subsection (d)(2). (b) Transfer of amounts (1) In general Subject to paragraph (2), the Secretary of the Treasury shall transfer to the Trust Fund, from the general fund of the Treasury, amounts determined by the Secretary to be equivalent to amounts received in the general fund that are attributable to the duties collected on articles that are citrus or citrus products classifiable under chapters 8, 20, 21, 22, and 33 of the Harmonized Tariff Schedule of the United States. (2) Limitation The amount transferred to the Trust Fund under paragraph (1) in any fiscal year may not exceed the lesser of— (A) an amount equal to 1/3 of the amount attributable to the duties received on articles described in paragraph (1); or (B) $30,000,000. (c) Availability of amounts in Trust Fund (1) Amounts available until expended Amounts in the Trust Fund shall remain available until expended without further appropriation. (2) Availability for citrus disease research and development expenditures Amounts in the Trust Fund shall be available to the Secretary of Agriculture— (A) for expenditures relating to citrus disease research and development under section 4 of the Citrus Disease Research and Development Trust Fund Act of 2013 , including costs relating to contracts or other agreements entered into to carry out citrus disease research and development; and (B) to cover administrative costs incurred by the Secretary in carrying out the provisions of that Act. (d) Investment of Trust Fund (1) In general The Secretary of the Treasury shall invest such portion of the Trust Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. Such obligations may be acquired on original issue at the issue price or by purchase of outstanding obligations at the market price. Any obligation acquired by the Trust Fund may be sold by the Secretary of the Treasury at the market price. (2) Interest and proceeds from sale or redemption of obligations The interest on, and the proceeds from the sale or redemption of, any obligations held in the Trust Fund shall be credited to and form a part of the Trust Fund. (e) Reports to Congress Not later than January 15, 2014, and each year thereafter until the year after the termination of the Trust Fund, the Secretary of the Treasury, in consultation with the Secretary of Agriculture, shall submit to Congress a report on the financial condition and the results of the operations of the Trust Fund that includes— (1) a detailed description of the amounts disbursed from the Trust Fund in the preceding fiscal year and the manner in which those amounts were expended; (2) an assessment of the financial condition and the operations of the Trust Fund for the current fiscal year; and (3) an assessment of the amounts available in the Trust Fund for future expenditures. (f) Remission of surplus funds The Secretary of the Treasury may remit to the general fund of the Treasury such amounts as the Secretary of Agriculture reports to be in excess of the amounts necessary to meet the purposes of the Citrus Disease Research and Development Trust Fund Act of 2013 . (g) Sunset provision The Trust Fund shall terminate on December 31 of the fifth calendar year that begins after the date of the enactment of the Citrus Disease Research and Development Trust Fund Act of 2013 and all amounts in the Trust Fund on December 31 of that fifth calendar year shall be transferred to the general fund of the Treasury. 1002. Reports required before entering into certain trade agreements The President shall notify the chairperson and ranking member of the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than 90 days before entering into a trade agreement if the President determines that entering into the trade agreement could result— (1) in a decrease in the amount of duties collected on articles that are citrus or citrus products classifiable under chapters 8, 20, 21, 22, and 33 of the Harmonized Tariff Schedule of the United States; and (2) in a decrease in the amount of funds being transferred into the Citrus Disease Research and Development Trust Fund under section 1001 so that amounts available in the Trust Fund are insufficient to meet the purposes of the Citrus Disease Research and Development Trust Fund Act of 2013 . . (b) Clerical amendment The table of contents for the Trade Act of 1974 is amended by adding at the end the following: TITLE X—Citrus Disease Research and Development Trust Fund Sec. 1001. Citrus Disease Research and Development Trust Fund. Sec. 1002. Reports required before entering into certain trade agreements. . 4. Citrus Disease Research and Development Trust Fund Advisory Board (a) Purpose The purpose of this section is to establish an orderly procedure and financing mechanism for the development of an effective and coordinated program of research and product development relating to— (1) scientific research concerning diseases and pests, both domestic and invasive, afflicting the citrus industry; and (2) support for the dissemination and commercialization of relevant information, techniques, and technologies discovered pursuant to research funded through the Citrus Disease Research and Development Trust Fund established under section 1001 of the Trade Act of 1974, as added by section 3(a) of this Act, or through other research projects intended to solve problems caused by citrus production diseases and invasive pests. (b) Definitions In this section: (1) Board The term Board means the Citrus Disease Research and Development Trust Fund Advisory Board established under this section. (2) Citrus (A) In general The term citrus means edible fruit of the family Rutaceae, commonly called citrus . (B) Inclusion The term citrus includes all citrus hybrids and products of citrus hybrids that are produced for commercial purposes in the United States. (3) Department The term Department means the Department of Agriculture. (4) Person The term person means any individual, group of individuals, firm, partnership, corporation, joint stock company, association, cooperative, or other legal entity. (5) Producer The term producer means any person that is engaged in the domestic production and commercial sale of citrus in the United States. (6) Program The term program means the citrus research and development program authorized under this section. (7) Secretary The term Secretary means the Secretary of Agriculture. (8) Trust Fund The term Trust Fund means the Citrus Disease Research and Development Trust Fund established under section 1001 of the Trade Act of 1974, as added by section 3(a) of this Act. (c) Implementation (1) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out this section. (2) Citrus Advisory Board (A) Establishment and membership (i) Establishment The Citrus Disease Research and Development Trust Fund Advisory Board shall consist of 9 members. (ii) Membership The members of the Board shall be appointed by the Secretary. (iii) Status Members of the Board represent the interests of the citrus industry and shall not be considered officers or employees of the Federal Government solely due to membership on the Board. (B) Distribution of appointments The membership of the Board shall consist of— (i) 5 members who are domestic producers of citrus in Florida; (ii) 3 members who are domestic producers of citrus in Arizona or California; and (iii) 1 member who is a domestic producer of citrus in Texas. (C) Consultation Prior to making appointments to the Board, the Secretary shall consult with organizations composed primarily of citrus producers to receive advice and recommendations regarding Board membership. (D) Board vacancies (i) In general The Secretary shall appoint a new Board member to serve the remainder of a term vacated by a departing Board member. (ii) Requirements When filling a vacancy on the Board, the Secretary shall— (I) appoint a citrus producer from the same State as the Board member being replaced; and (II) prior to making an appointment, consult with organizations in that State composed primarily of citrus producers to receive advice and recommendations regarding the vacancy. (E) Terms (i) In general Except as provided in clause (ii), each term of appointment to the Board shall be for 5 years. (ii) Initial appointments In making initial appointments to the Board, the Secretary shall appoint 1/3 of the members to terms of 1, 3, and 5 years, respectively. (F) Disqualification from Board service If a member or alternate of the Board who was appointed as a domestic producer ceases to be a producer in the State from which the member was appointed, or fails to fulfill the duties of the member according to the rules established by the Board under paragraph (4)(A)(ii), the member or alternate shall be disqualified from serving on the Board. (G) Compensation (i) In general The members of the Board shall serve without compensation, other than travel expenses described in clause (ii). (ii) Travel expenses A member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board. (3) Powers (A) Gifts The Board may accept, use, and dispose of gifts or donations of services or property. (B) Postal services The Board may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (C) Volunteer services Notwithstanding section 1342 of title 31, United States Code, the Board may accept and use the services of volunteers serving without compensation. (D) Technical and logistical support Subject to the availability of funds, the Secretary shall provide to the Board technical and logistical support through contract or other means, including— (i) procuring the services of experts and consultants in accordance with section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the highest rate payable under section 5332 of that title; and (ii) entering into contracts with departments, agencies, and instrumentalities of the Federal Government, State agencies, and private entities for the preparation of reports, surveys, and other activities. (E) Detail of Federal Government employees (i) In general An employee of the Federal Government may be detailed to the Commission on a reimbursable or nonreimbursable basis. (ii) Civil service status The detail of the employee shall be without interruption or loss of civil service status or privilege. (F) General Services Administration The Administrator of General Services shall provide to the Board on a reimbursable basis administrative support and other services for the performance of the duties of the Board. (G) Other Departments and Agencies Departments and agencies of the United States may provide to the Board such services, funds, facilities, staff, and other support services as may be appropriate. (4) General responsibilities of the Board (A) In general The regulations promulgated by the Secretary shall define the general responsibilities of the Board, which shall include the responsibilities— (i) to meet, organize, and select from among the members of the Board a chairperson, other officers, and committees and subcommittees, as the Board determines to be appropriate; (ii) to adopt and amend rules and regulations governing the conduct of the activities of the Board and the performance of the duties of the Board; (iii) to hire such experts and consultants as the Board considers necessary to enable the Board to perform the duties of the Board; (iv) to advise the Secretary on citrus research and development needs; (v) to propose a research and development agenda and annual budgets for the Trust Fund; (vi) to evaluate and review ongoing research funded by Trust Fund; (vii) to engage in regular consultation and collaboration with the Department and other institutional, governmental, and private actors conducting scientific research into the causes or treatments of citrus diseases and pests, both domestic and invasive, so as to— (I) maximize the effectiveness of the activities; (II) hasten the development of useful treatments; and (III) avoid duplicative and wasteful expenditures; and (viii) to provide the Secretary with such information and advice as the Secretary may request. (5) Citrus research and development agenda and budgets (A) In general The Board shall submit annually to the Secretary a proposed research and development agenda and budget for the Trust Fund, which shall include— (i) an evaluation of ongoing research and development efforts; (ii) specific recommendations for new citrus research projects; (iii) a plan for the dissemination and commercialization of relevant information, techniques, and technologies discovered pursuant to research funded through the Trust Fund; and (iv) a justification for Trust Fund expenditures. (B) Affirmative support required A research and development agenda and budget may not be submitted by the Board to the Secretary without the affirmative support of at least 7 members of the Board. (C) Secretarial approval (i) In general Not later than 60 days after receiving the proposed research and development agenda and budget from the Board and consulting with the Board, the Secretary shall finalize a citrus research and development agenda and Trust Fund budget. (ii) Considerations In finalizing the agenda and budget, the Secretary shall— (I) due to the proximity of citrus producers to the effects of diseases such as huanglongbing and the quickly evolving nature of scientific understanding of the effect of the diseases on citrus production, give strong deference to the proposed research and development agenda and budget from the Board; and (II) take into account other public and private citrus-related research and development projects and funding. (D) Report to Congress Each year, the Secretary shall submit to the Committee on Agriculture and the Committee on Ways and Means of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Finance of the Senate a report that includes— (i) the most recent citrus research and development agenda and budget of the Secretary; (ii) an analysis of how, why, and to what extent the agenda and budget finalized by the Secretary differs from the proposal of the Board; (iii) an examination of new developments in the spread and control of citrus diseases and pests; (iv) a discussion of projected research needs; and (v) a review of the effectiveness of the Trust Fund in achieving the purpose described in subsection (a). (6) Contracts and agreements To ensure the efficient use of funds, the Secretary may enter into contracts or agreements with public or private entities for the implementation of a plan or project for citrus research. (d) Administrative costs Each fiscal year, the Secretary may transfer up to $2,000,000 of amounts in the Trust Fund to the Board for expenses incurred by the Board in carrying out the duties of the Board. (e) Termination of Board The Board shall terminate on December 31 of the fifth calendar year that begins after the date of the enactment of this Act. 5. Time for payment of corporate estimated taxes Notwithstanding section 6655 of the Internal Revenue Code of 1986, in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year)— (1) the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2018 shall be increased by 0.25 percent of such amount (determined without regard to any increase in such amount not contained in such Code); and (2) the amount of the next required installment after an installment referred to in paragraph (1) shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph. 6. Extension of customs user fees Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by adding at the end the following: (C) (i) Notwithstanding subparagraph (A), fees may be charged under paragraphs (9) and (10) of subsection (a) during the period beginning on October 23, 2021, and ending on November 6, 2021. (ii) Notwithstanding subparagraph (B)(i), fees may be charged under paragraphs (1) through (8) of subsection (a) during the period beginning on October 30, 2021, and ending on November 13, 2021. ."}}},{"rowIdx":1589,"cells":{"tv_id":{"kind":"string","value":"113-hr-854-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-854"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":854,"string":"854"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr854ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr854ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:36.664"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 854 IH: Qods Force Terrorist Designation Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Findings\n \n \n Congress finds the following:\n \n \n \n (1)\n \n \n On January 19, 1984, the Secretary of State\n\t\t\t determined that the Islamic Republic of Iran is a state sponsor of\n\t\t\t terrorism.\n \n \n \n \n (2)\n \n \n The Qods Force is\n\t\t\t the elite external operations branch of the Iran’s Islamic Revolutionary Guard\n\t\t\t Corps and the Iranian regime’s primary mechanism for cultivating and supporting\n\t\t\t terrorists abroad.\n \n \n \n \n (3)\n \n \n The Qods Force\n\t\t\t provides aid in the form of weapons, training, and funding to Hamas and other\n\t\t\t Palestinian terrorist groups, Lebanese Hizballah, Iraq-based militants, and\n\t\t\t Taliban fighters in Afghanistan.\n \n \n \n \n (4)\n \n \n The Qods Force is\n\t\t\t behind some of the deadliest terrorist attacks of the past three decades,\n\t\t\t including the 1983 and 1984 bombings of the United States Embassy and annex in\n\t\t\t Beirut, the 1983 bombing of the Marine barracks in Beirut, the 1992 bombing of\n\t\t\t the Israeli embassy in Buenos Aires, 1994 attack on the AMIA Jewish Community\n\t\t\t Center in Buenos Aires, and the 1996 Khobar Towers bombing in Saudi\n\t\t\t Arabia.\n \n \n \n \n (5)\n \n \n In 2007, President\n\t\t\t George W. Bush and General David Petraeus, the top U.S. commander in Iraq,\n\t\t\t accused Iran’s Qods Force of aiding militias in killing American soldiers in\n\t\t\t Iraq.\n \n \n \n \n (6)\n \n \n In 2007, the U.S.\n\t\t\t Department of the Treasury designated the Qods Force for providing material\n\t\t\t support to the Taliban and other terrorist organizations.\n \n \n \n \n (7)\n \n \n On October 25, 2007, Iran’s Islamic\n\t\t\t Revolutionary Guard Corps Qods Force was sanctioned under Executive Order\n\t\t\t 13382, for supporting proliferation of weapons of mass destruction.\n \n \n \n \n (8)\n \n \n Section 1258 of\n\t\t\t the National Defense Authorization Act for Fiscal Year 2008 expressed the sense\n\t\t\t of Congress that\n \n \n \n \n (9)\n \n \n In the period following the June 2009\n\t\t\t presidential election in Iran, the Qods Force was implicated in custodial\n\t\t\t deaths and the killings of election protesters and committed other acts of\n\t\t\t politically motivated violence, including torture, beatings, and rape.\n \n \n \n \n (10)\n \n \n On April 29,\n\t\t\t 2011, President Obama issued Executive Order 13572, Blocking Property of\n\t\t\t Certain Persons With Respect to Human Rights Abuses in Syria, including the\n\t\t\t Qods Force, for the repression of the people of Syria, manifested most recently\n\t\t\t by the use of violence and torture against, and arbitrary arrests and\n\t\t\t detentions of, peaceful protestors by police, security forces, and other\n\t\t\t entities that have engaged in human rights abuses, which constitute an unusual\n\t\t\t and extraordinary threat to the national security, foreign policy, and economy\n\t\t\t of the United States.\n \n \n \n \n (11)\n \n \n On October 11,\n\t\t\t 2011, the U.S. Department of Justice announced that two members of Iran’s Qods\n\t\t\t Force were charged in an alleged plot to assassinate the Saudi Arabian\n\t\t\t Ambassador to the Unites States. The criminal complaint against them included\n\t\t\t charges of conspiracy to murder a foreign official; conspiracy to engage in\n\t\t\t foreign travel and use of interstate and foreign commerce facilities in the\n\t\t\t commission of murder-for-hire; conspiracy to use a weapon of mass destruction\n\t\t\t (explosives); and conspiracy to commit an act of international terrorism\n\t\t\t transcending national boundaries.\n \n \n \n \n (12)\n \n \n On March 7, 2012,\n\t\t\t the U.S. Department of the Treasury designated Iran’s Qods Force General\n\t\t\t Gholamreza Baghbani as a Specially Designated Narcotics Trafficker for the role\n\t\t\t that the Qods Force played in its scheme to support terrorism.\n \n \n \n \n (13)\n \n \n Iran’s Qods Force\n\t\t\t stations operatives in foreign embassies, charities, and religious and cultural\n\t\t\t institutions to foster relationships, often building on existing socio-economic\n\t\t\t ties with the well-established Shia Diaspora, and recent years have witnessed\n\t\t\t an increased presence in Latin America.\n \n \n \n \n \n 3.\n \n \n Designation of Iran’s\n\t\t\t Islamic Revolutionary Guard Corps Qods Force as a foreign terrorist\n\t\t\t organization\n \n \n The Secretary of\n\t\t\t State shall designate Iran’s Islamic Revolutionary Guard Corps Qods Force as a\n\t\t\t foreign terrorist organization under section 219 of the Immigration and\n\t\t\t Nationality Act (\n \n 8 U.S.C. 1189\n \n ).\n \n \n \n \n 4.\n \n \n Report\n \n \n The Secretary of State shall submit to the\n\t\t\t Committee on Foreign Affairs of the House of Representatives and the Committee\n\t\t\t on Foreign Relations of the Senate a report on terrorist activities of Iran’s\n\t\t\t Islamic Revolutionary Guard Corps Qods Force.\n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 854 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. McCaul introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of State to designate Iran’s Islamic Revolutionary Guard Corps Qods Force as a foreign terrorist organization, and for other purposes.\n\n1. Short title This Act may be cited as the Qods Force Terrorist Designation Act . 2. Findings Congress finds the following: (1) On January 19, 1984, the Secretary of State determined that the Islamic Republic of Iran is a state sponsor of terrorism. (2) The Qods Force is the elite external operations branch of the Iran’s Islamic Revolutionary Guard Corps and the Iranian regime’s primary mechanism for cultivating and supporting terrorists abroad. (3) The Qods Force provides aid in the form of weapons, training, and funding to Hamas and other Palestinian terrorist groups, Lebanese Hizballah, Iraq-based militants, and Taliban fighters in Afghanistan. (4) The Qods Force is behind some of the deadliest terrorist attacks of the past three decades, including the 1983 and 1984 bombings of the United States Embassy and annex in Beirut, the 1983 bombing of the Marine barracks in Beirut, the 1992 bombing of the Israeli embassy in Buenos Aires, 1994 attack on the AMIA Jewish Community Center in Buenos Aires, and the 1996 Khobar Towers bombing in Saudi Arabia. (5) In 2007, President George W. Bush and General David Petraeus, the top U.S. commander in Iraq, accused Iran’s Qods Force of aiding militias in killing American soldiers in Iraq. (6) In 2007, the U.S. Department of the Treasury designated the Qods Force for providing material support to the Taliban and other terrorist organizations. (7) On October 25, 2007, Iran’s Islamic Revolutionary Guard Corps Qods Force was sanctioned under Executive Order 13382, for supporting proliferation of weapons of mass destruction. (8) Section 1258 of the National Defense Authorization Act for Fiscal Year 2008 expressed the sense of Congress that the United States should designate Iran's Islamic Revolutionary Guards Corps as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) and place the Islamic Revolutionary Guards Corps on the list of Specially Designated Global Terrorists, as established under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) and initiated under Executive Order 13224 (September 23, 2001) . (9) In the period following the June 2009 presidential election in Iran, the Qods Force was implicated in custodial deaths and the killings of election protesters and committed other acts of politically motivated violence, including torture, beatings, and rape. (10) On April 29, 2011, President Obama issued Executive Order 13572, Blocking Property of Certain Persons With Respect to Human Rights Abuses in Syria, including the Qods Force, for the repression of the people of Syria, manifested most recently by the use of violence and torture against, and arbitrary arrests and detentions of, peaceful protestors by police, security forces, and other entities that have engaged in human rights abuses, which constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. (11) On October 11, 2011, the U.S. Department of Justice announced that two members of Iran’s Qods Force were charged in an alleged plot to assassinate the Saudi Arabian Ambassador to the Unites States. The criminal complaint against them included charges of conspiracy to murder a foreign official; conspiracy to engage in foreign travel and use of interstate and foreign commerce facilities in the commission of murder-for-hire; conspiracy to use a weapon of mass destruction (explosives); and conspiracy to commit an act of international terrorism transcending national boundaries. (12) On March 7, 2012, the U.S. Department of the Treasury designated Iran’s Qods Force General Gholamreza Baghbani as a Specially Designated Narcotics Trafficker for the role that the Qods Force played in its scheme to support terrorism. (13) Iran’s Qods Force stations operatives in foreign embassies, charities, and religious and cultural institutions to foster relationships, often building on existing socio-economic ties with the well-established Shia Diaspora, and recent years have witnessed an increased presence in Latin America. 3. Designation of Iran’s Islamic Revolutionary Guard Corps Qods Force as a foreign terrorist organization The Secretary of State shall designate Iran’s Islamic Revolutionary Guard Corps Qods Force as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). 4. Report The Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on terrorist activities of Iran’s Islamic Revolutionary Guard Corps Qods Force."}}},{"rowIdx":1590,"cells":{"tv_id":{"kind":"string","value":"113-hr-855-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-855"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":855,"string":"855"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr855ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr855ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:36.436"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 855 IH: Optometric Equity in Medicaid Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Requiring\n\t\t\t coverage of services of optometrists\n \n \n \n (a)\n \n \n In\n\t\t\t General\n \n \n Section 1905(a)(5) of the Social Security Act (42 U.S.C.\n\t\t\t 1396d(a)(5)) is amended—\n \n \n \n (1)\n \n \n by striking\n \n \n \n \n (2)\n \n \n by inserting\n\t\t\t before the semicolon at the end the following:\n \n \n \n \n \n (b)\n \n \n Effective\n\t\t\t Date\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Except as provided in paragraph (2), the amendments made\n\t\t\t by subsection (a) shall take effect 90 days after the date of the enactment of\n\t\t\t this Act and shall apply to services furnished and other actions required on or\n\t\t\t after such date.\n \n \n \n \n (2)\n \n \n Rule for changes\n\t\t\t requiring state legislation\n \n \n In the case of a State plan for\n\t\t\t medical assistance under title XIX of the Social Security Act which the\n\t\t\t Secretary of Health and Human Services determines requires State legislation\n\t\t\t (other than legislation appropriating funds) in order for the plan to meet the\n\t\t\t additional requirement imposed by the amendments made by subsection (a), the\n\t\t\t State plan shall not be regarded as failing to comply with the requirements of\n\t\t\t such title solely on the basis of its failure to meet this additional\n\t\t\t requirement before the first day of the first calendar quarter beginning after\n\t\t\t the close of the first regular session of the State legislature that begins\n\t\t\t after the date of the enactment of this Act. For purposes of the previous\n\t\t\t sentence, in the case of a State that has a 2-year legislative session, each\n\t\t\t year of such session shall be deemed to be a separate regular session of the\n\t\t\t State legislature.\n \n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 855 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Hall (for himself, Ms. Schakowsky , Mr. Terry , Ms. Lofgren , Mr. Loebsack , Ms. Bonamici , Mr. Doggett , Mr. Ellison , Mr. Blumenauer , Mr. Cicilline , Ms. Norton , Mr. Keating , and Mr. Whitfield ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to require Medicaid coverage of optometrists.\n\n1. Short title This Act may be cited as the Optometric Equity in Medicaid Act . 2. Requiring coverage of services of optometrists (a) In General Section 1905(a)(5) of the Social Security Act (42 U.S.C. 1396d(a)(5)) is amended— (1) by striking and before (B) ; and (2) by inserting before the semicolon at the end the following: , and (C) medical and other health services (as defined in section 1861(s)) as authorized by State law, furnished by an optometrist (described in section 1861(r)(4)) to the extent such services may be performed under State law . (b) Effective Date (1) In general Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act and shall apply to services furnished and other actions required on or after such date. (2) Rule for changes requiring state legislation In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature."}}},{"rowIdx":1591,"cells":{"tv_id":{"kind":"string","value":"113-hr-856-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-856"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":856,"string":"856"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr856ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr856ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:36.544"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 856 IH: To amend the Internal Revenue Code of 1986 to require the social security number of the student and the employer identification number of the educational institution for purposes of education tax credits.\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Social security number and\n\t\t\t employer identification number required for education tax credits\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n Paragraph (1) of\n \n section 25A(g)\n \n of the Internal Revenue Code of 1986 is amended—\n \n \n \n (1)\n \n \n by striking\n \n \n \n \n (2)\n \n \n by inserting\n \n \n \n \n \n (b)\n \n \n Omission treated\n\t\t\t as mathematical or clerical error\n \n \n Subparagraph (J) of section 6213(g)(2) of\n\t\t\t such Code is amended by striking\n \n \n \n \n (c)\n \n \n Effective\n\t\t\t date\n \n \n The amendments made by this section shall apply to taxable\n\t\t\t years beginning after December 31, 2013.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 856 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mrs. Black (for herself, Mr. Schock , Mr. Westmoreland , and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to require the social security number of the student and the employer identification number of the educational institution for purposes of education tax credits.\n\n1. Social security number and employer identification number required for education tax credits (a) In general Paragraph (1) of section 25A(g) of the Internal Revenue Code of 1986 is amended— (1) by striking taxpayer identification number and inserting social security number , and (2) by inserting , and the employer identification number of any institution to which qualified tuition and related expenses were paid with respect to such individual, after such individual . (b) Omission treated as mathematical or clerical error Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking TIN and inserting social security number and employer identification number . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013."}}},{"rowIdx":1592,"cells":{"tv_id":{"kind":"string","value":"113-hr-857-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-857"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":857,"string":"857"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr857ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr857ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:36.063"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 857 IH: Protect Troops at War Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Findings and\n\t\t\t purpose\n \n \n \n (a)\n \n \n Findings\n \n \n Congress\n\t\t\t finds the following:\n \n \n \n (1)\n \n \n On August 2, 2011,\n\t\t\t the President signed into law S. 365, the Budget Control Act of 2011, which\n\t\t\t reduced defense discretionary spending by $478 billion over ten years.\n \n \n \n \n (2)\n \n \n The Budget Control\n\t\t\t Act of 2011 also established a sequestration in the event that a Joint Select\n\t\t\t Committee on Deficit Reduction could not agree on an additional $1.2 trillion\n\t\t\t in savings by November 2011.\n \n \n \n \n (3)\n \n \n The Joint Select\n\t\t\t Committee on Deficit Reduction was unable to reach an agreement, which\n\t\t\t triggered sequestration, resulting in an additional $495 billion reduction in\n\t\t\t defense spending over the same ten-year period.\n \n \n \n \n (4)\n \n \n If these\n\t\t\t reductions in defense spending remain intact, the total portion of defense\n\t\t\t spending as a percentage of the total U.S. budget will be at its lowest point\n\t\t\t since before World War II.\n \n \n \n \n (5)\n \n \n Sequestration\n\t\t\t alone would reduce our military force to its smallest level since 1940,\n\t\t\t resulting in the separation of more than 100,000 soldiers, sailors, Marines,\n\t\t\t and airmen.\n \n \n \n \n (6)\n \n \n Since 2009, the\n\t\t\t number of troops has more than doubled in Afghanistan from 30,000 to 66,000\n\t\t\t today. During the same period, Congress has actively reduced the budget for the\n\t\t\t Department of Defense.\n \n \n \n \n \n (b)\n \n \n Purpose\n \n \n It\n\t\t\t is the purpose of this Act to:\n \n \n \n (1)\n \n \n Avoid deeper,\n\t\t\t irresponsible defense cuts in the face of an increasingly dangerous world that\n\t\t\t unnecessarily threaten our national security and will cost American lives in\n\t\t\t armed conflict abroad.\n \n \n \n \n (2)\n \n \n Invest in advanced\n\t\t\t military technology in order to equip the U.S. military with the best resources\n\t\t\t available to defend our country.\n \n \n \n \n (3)\n \n \n Not allow the\n\t\t\t strategy of the U.S. military to be driven by budget constraints, which is\n\t\t\t unacceptable. The strategy should drive the budget. Avoiding cuts while our\n\t\t\t troops are at war allows necessary time to adjust strategy for the restructured\n\t\t\t force post-Afghanistan. Before the House Armed Services Committee, Chairman of\n\t\t\t the Joint Chiefs General Dempsey testified\n \n \n \n \n (4)\n \n \n Ensure that the\n\t\t\t U.S. military forces are adequately prepared. Commandant of the Marine Corps,\n\t\t\t General Amos, in his statement before the House Armed Services Committee\n\t\t\t remarked,\n \n \n \n \n (5)\n \n \n Halt irresponsible\n\t\t\t budget cuts because no amount of savings can justify the loss of one American\n\t\t\t service member.\n \n \n \n \n \n \n 3.\n \n \n Postponement of\n\t\t\t FY 2013 and 2014 defense sequestration\n \n \n Section 251A of the Balanced Budget and\n\t\t\t Emergency Deficit Control Act of 1985 is amended by adding at the end the\n\t\t\t following new paragraph:\n \n \n \n \n (12)\n \n \n Notwithstanding paragraphs (5) and (8),\n\t\t\t\tthere shall be no reductions under this section to discretionary appropriations\n\t\t\t\tor direct spending for fiscal year 2013 or 2014 for the defense function. The\n\t\t\t\treduction that would otherwise have occurred shall be added to and distributed\n\t\t\t\tequally among the sequestration for the defense function for fiscal years 2015\n\t\t\t\tthrough\n\t\t\t\t2021.\n \n \n \n .\n \n \n \n \n \n 4.\n \n \n Transfer\n\t\t\t authority for funding of department of defense under continuing resolution and\n\t\t\t sequester consistent with amounts authorized by national defense authorization\n\t\t\t act for fiscal year 2013\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n In accordance with subsection (b), the Secretary of\n\t\t\t Defense may transfer amounts appropriated for the Department of Defense by the\n\t\t\t Continuing Appropriations Resolution (\n \n Public Law 112–175\n \n ) among accounts of the\n\t\t\t Department of Defense.\n \n \n \n \n (b)\n \n \n Transfers\n\t\t\t consistent with amounts appropriated or authorized\n \n \n In the event\n\t\t\t of any transfers under subsection (a), the total amount in any account of the\n\t\t\t Department of Defense that is available for obligation and expenditure in\n\t\t\t fiscal year 2013 shall be consistent with, and may not exceed—\n \n \n \n (1)\n \n \n if a regular\n\t\t\t appropriation Act making appropriations for the Department of Defense for\n\t\t\t fiscal year 2013 is enacted before the date of the transfer, the level provided\n\t\t\t for that account for that fiscal year by applicable provisions of such Act;\n\t\t\t or\n \n \n \n \n (2)\n \n \n if no such Act is\n\t\t\t enacted before the date of the transfer, the amount authorized to be\n\t\t\t appropriated for that account for that fiscal year by applicable provisions of\n\t\t\t division A of the National Defense Authorization Act for Fiscal Year 2013\n\t\t\t (\n \n Public Law 112–239\n \n ).\n \n \n \n \n \n (c)\n \n \n Notice to\n\t\t\t congress\n \n \n Not later than 15 days before any transfer under\n\t\t\t subsection (a), the Secretary of Defense shall submit to the congressional\n\t\t\t defense committees a report setting forth a description of the transfer,\n\t\t\t including the amount of the transfer and the accounts from and to which the\n\t\t\t funds were transferred.\n \n \n \n \n (d)\n \n \n Transfer subject\n\t\t\t to notification requirements\n \n \n In addition to the notice required\n\t\t\t under subsection (c), a transfer under subsection (a) shall be subject to the\n\t\t\t applicable notification requirements for reprogramming in division A of Public\n\t\t\t Law 112–74.\n \n \n \n \n (e)\n \n \n Transfer\n\t\t\t authority\n \n \n The transfer authority provided by subsection (a) is in\n\t\t\t addition to any other transfer authority provided by law.\n \n \n \n \n (f)\n \n \n Definition\n \n \n In\n\t\t\t this section, the term\n \n section 101(a)(16)\n \n of title 10, United States\n\t\t\t Code.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 857 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Cook introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committee on Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 to eliminate the Department of Defense sequestration for fiscal years 2013 and 2014 and sequester such eliminated sums over a period of fiscal years 2015 through 2021.\n\n1. Short title This Act may be cited as the Protect Troops at War Act of 2013 . 2. Findings and purpose (a) Findings Congress finds the following: (1) On August 2, 2011, the President signed into law S. 365, the Budget Control Act of 2011, which reduced defense discretionary spending by $478 billion over ten years. (2) The Budget Control Act of 2011 also established a sequestration in the event that a Joint Select Committee on Deficit Reduction could not agree on an additional $1.2 trillion in savings by November 2011. (3) The Joint Select Committee on Deficit Reduction was unable to reach an agreement, which triggered sequestration, resulting in an additional $495 billion reduction in defense spending over the same ten-year period. (4) If these reductions in defense spending remain intact, the total portion of defense spending as a percentage of the total U.S. budget will be at its lowest point since before World War II. (5) Sequestration alone would reduce our military force to its smallest level since 1940, resulting in the separation of more than 100,000 soldiers, sailors, Marines, and airmen. (6) Since 2009, the number of troops has more than doubled in Afghanistan from 30,000 to 66,000 today. During the same period, Congress has actively reduced the budget for the Department of Defense. (b) Purpose It is the purpose of this Act to: (1) Avoid deeper, irresponsible defense cuts in the face of an increasingly dangerous world that unnecessarily threaten our national security and will cost American lives in armed conflict abroad. (2) Invest in advanced military technology in order to equip the U.S. military with the best resources available to defend our country. (3) Not allow the strategy of the U.S. military to be driven by budget constraints, which is unacceptable. The strategy should drive the budget. Avoiding cuts while our troops are at war allows necessary time to adjust strategy for the restructured force post-Afghanistan. Before the House Armed Services Committee, Chairman of the Joint Chiefs General Dempsey testified If you want [your military] to be doing what it’s doing today, then we can’t give you another dollar. . (4) Ensure that the U.S. military forces are adequately prepared. Commandant of the Marine Corps, General Amos, in his statement before the House Armed Services Committee remarked, By the end of calendar year 2013, less than half of our ground units will be trained to the minimum readiness level required for deployment. . Sequestration, if left unchecked, will cost American lives. The hollow force experienced during the Korean War would be today’s reality. (5) Halt irresponsible budget cuts because no amount of savings can justify the loss of one American service member. 3. Postponement of FY 2013 and 2014 defense sequestration Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: (12) Notwithstanding paragraphs (5) and (8), there shall be no reductions under this section to discretionary appropriations or direct spending for fiscal year 2013 or 2014 for the defense function. The reduction that would otherwise have occurred shall be added to and distributed equally among the sequestration for the defense function for fiscal years 2015 through 2021. . 4. Transfer authority for funding of department of defense under continuing resolution and sequester consistent with amounts authorized by national defense authorization act for fiscal year 2013 (a) In general In accordance with subsection (b), the Secretary of Defense may transfer amounts appropriated for the Department of Defense by the Continuing Appropriations Resolution ( Public Law 112–175 ) among accounts of the Department of Defense. (b) Transfers consistent with amounts appropriated or authorized In the event of any transfers under subsection (a), the total amount in any account of the Department of Defense that is available for obligation and expenditure in fiscal year 2013 shall be consistent with, and may not exceed— (1) if a regular appropriation Act making appropriations for the Department of Defense for fiscal year 2013 is enacted before the date of the transfer, the level provided for that account for that fiscal year by applicable provisions of such Act; or (2) if no such Act is enacted before the date of the transfer, the amount authorized to be appropriated for that account for that fiscal year by applicable provisions of division A of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ). (c) Notice to congress Not later than 15 days before any transfer under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report setting forth a description of the transfer, including the amount of the transfer and the accounts from and to which the funds were transferred. (d) Transfer subject to notification requirements In addition to the notice required under subsection (c), a transfer under subsection (a) shall be subject to the applicable notification requirements for reprogramming in division A of Public Law 112–74. (e) Transfer authority The transfer authority provided by subsection (a) is in addition to any other transfer authority provided by law. (f) Definition In this section, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code."}}},{"rowIdx":1593,"cells":{"tv_id":{"kind":"string","value":"113-hr-858-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-858"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":858,"string":"858"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr858ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr858ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:35.737"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 858 IH: Rural Housing Preservation Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Definition of\n\t\t\t Rural Area\n \n \n The second sentence\n\t\t\t of section 520 of the Housing Act of 1949 (\n \n 42 U.S.C. 1490\n \n ) is amended by\n\t\t\t striking:\n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 858 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Fortenberry (for himself, Mr. Hinojosa , Mrs. Capito , Mr. Walz , Mr. Womack , and Mr. Courtney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend section 520 of the Housing Act of 1949 to revise the requirements for areas to be considered as rural areas for purposes of such Act.\n\n1. Short title This Act may be cited as the Rural Housing Preservation Act of 2013 . 2. Definition of Rural Area The second sentence of section 520 of the Housing Act of 1949 ( 42 U.S.C. 1490 ) is amended by striking: 1990 or 2000 decennial census shall continue to be so classified until the receipt of data from the decennial census in the year 2010 and inserting 1990, 2000, or 2010 decennial census shall continue to be so classified until the receipt of data from the decennial census in the year 2020 ."}}},{"rowIdx":1594,"cells":{"tv_id":{"kind":"string","value":"113-hr-859-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-859"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":859,"string":"859"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr859ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr859ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:35.621"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 859 IH: Taxpayers’ Conference Overspending Prevention Act\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Report and\n\t\t\t rescission of excess conference costs\n \n \n \n (a)\n \n \n Report\n \n \n Not later than October 31 of each fiscal\n\t\t\t year, each executive agency shall submit to the Congress a report listing the\n\t\t\t amount of funds that such agency obligated for conferences in the previous\n\t\t\t fiscal year. The funds described in the report shall include pre-planning,\n\t\t\t travel, and subsistence costs.\n \n \n \n \n (b)\n \n \n Rescission\n \n \n On the date that is 30 days after the date\n\t\t\t a report is submitted by an executive agency under subsection (a), from the\n\t\t\t unobligated funds made available to such agency in the current fiscal year for\n\t\t\t conferences (including pre-planning, travel, and subsistence costs), there is\n\t\t\t rescinded the total amount by which the total costs for any conference\n\t\t\t described in such report exceeds $3,000 per agency employee attending such\n\t\t\t conference, or the total amount by which the costs for any conference described\n\t\t\t in such report exceeds $600 per day per agency employee attending such\n\t\t\t conference, whichever is higher.\n \n \n \n \n (c)\n \n \n Exception for\n\t\t\t critical foreign travel\n \n \n \n (1)\n \n \n Certification\n \n \n The\n\t\t\t rescission required under subsection (b) shall not apply to amounts described\n\t\t\t in a report that are greater than the limits provided in such subsection\n\t\t\t if—\n \n \n \n (A)\n \n \n the head of the applicable executive agency\n\t\t\t certifies in writing to the Director of the Office of Management and Budget\n\t\t\t that the amounts were for foreign travel and that such travel was critical to\n\t\t\t the agency’s mission; and\n \n \n \n \n (B)\n \n \n the Director\n\t\t\t determines that such certification is valid.\n \n \n \n \n \n (2)\n \n \n Report\n \n \n Any\n\t\t\t determination by the Director under paragraph (1) shall be included in the\n\t\t\t report submitted under subsection (a).\n \n \n \n \n \n (d)\n \n \n Definitions\n \n \n In this section—\n \n \n \n (1)\n \n \n the term\n \n \n \n \n (2)\n \n \n the term\n \n \n \n \n (3)\n \n \n the term\n \n \n \n (A)\n \n \n is held for\n\t\t\t consultation, education, discussion, or training; and\n \n \n \n \n (B)\n \n \n is not held\n\t\t\t entirely at a Government facility.\n \n \n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 859 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Jordan (for himself and Ms. Speier ) introduced the following bill; which was referred to the Committee on Appropriations , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To rescind certain excess conference costs from any agency that overspends on conferences, and for other purposes.\n\n1. Short title This Act may be cited as the Taxpayers’ Conference Overspending Prevention Act or the Taxpayers’ COP Act . 2. Report and rescission of excess conference costs (a) Report Not later than October 31 of each fiscal year, each executive agency shall submit to the Congress a report listing the amount of funds that such agency obligated for conferences in the previous fiscal year. The funds described in the report shall include pre-planning, travel, and subsistence costs. (b) Rescission On the date that is 30 days after the date a report is submitted by an executive agency under subsection (a), from the unobligated funds made available to such agency in the current fiscal year for conferences (including pre-planning, travel, and subsistence costs), there is rescinded the total amount by which the total costs for any conference described in such report exceeds $3,000 per agency employee attending such conference, or the total amount by which the costs for any conference described in such report exceeds $600 per day per agency employee attending such conference, whichever is higher. (c) Exception for critical foreign travel (1) Certification The rescission required under subsection (b) shall not apply to amounts described in a report that are greater than the limits provided in such subsection if— (A) the head of the applicable executive agency certifies in writing to the Director of the Office of Management and Budget that the amounts were for foreign travel and that such travel was critical to the agency’s mission; and (B) the Director determines that such certification is valid. (2) Report Any determination by the Director under paragraph (1) shall be included in the report submitted under subsection (a). (d) Definitions In this section— (1) the term Director means the Director of the Office of Management and Budget; (2) the term executive agency has the meaning given such term in section 105 of title 5, United States Code; and (3) the term conference means a meeting, retreat, seminar, symposium, or event that— (A) is held for consultation, education, discussion, or training; and (B) is not held entirely at a Government facility."}}},{"rowIdx":1595,"cells":{"tv_id":{"kind":"string","value":"113-hr-860-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-860"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":860,"string":"860"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr860ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr860ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:35.517"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 860 IH: Biogas Investment Tax Credit Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Incentives for\n\t\t\t qualified biogas property\n \n \n \n (a)\n \n \n Incentives for\n\t\t\t qualified biogas property made eligible for the energy credit\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Subparagraph (A) of\n \n section 48(a)(3)\n \n of the Internal Revenue Code of 1986 is amended by striking\n \n \n \n \n (viii)\n \n \n qualified biogas\n\t\t\t\tproperty,\n \n \n \n .\n \n \n \n \n \n (2)\n \n \n Qualified biogas\n\t\t\t property\n \n \n Subsection (c) of section 48 of such Code is amended by\n\t\t\t adding at the end the following new paragraph:\n \n \n \n \n (5)\n \n \n Qualified biogas\n\t\t\t\tproperty\n \n \n \n (A)\n \n \n In\n\t\t\t\tgeneral\n \n \n The term\n \n qualified biogas property\n \n means\n\t\t\t\tproperty comprising a system which—\n \n \n \n (i)\n \n \n uses anaerobic digesters or other\n\t\t\t\tbiological, chemical, thermal, or mechanical processes (alone or in\n\t\t\t\tcombination) to convert biomass (as defined in section 45K(c)(3)) into a gas\n\t\t\t\twhich consists of not less than 52 percent methane, and\n \n \n \n \n (ii)\n \n \n captures such gas\n\t\t\t\tfor use as a fuel.\n \n \n \n \n \n (B)\n \n \n Inclusion of\n\t\t\t\tcertain cleaning and conditioning equipment\n \n \n Such term shall\n\t\t\t\tinclude any property which cleans and conditions the gas referred to in\n\t\t\t\tsubparagraph (A) for use as a fuel.\n \n \n \n \n (C)\n \n \n Termination\n \n \n No\n\t\t\t\tcredit shall be determined under this section with respect to any qualified\n\t\t\t\tbiogas property for any period after December 31,\n\t\t\t\t2018.\n \n \n \n \n .\n \n \n \n \n \n (3)\n \n \n Qualified biogas\n\t\t\t property made eligible for 30 percent credit\n \n \n Clause (i) of\n\t\t\t section 48(a)(2)(A) of such Code is amended by striking\n \n \n \n \n (V)\n \n \n qualified biogas property,\n\t\t\t\tand\n \n \n \n .\n \n \n \n \n \n (4)\n \n \n Denial of double\n\t\t\t benefit\n \n \n Subsection (e) of section 45 of such Code is amended by\n\t\t\t adding at the end the following new paragraph:\n \n \n \n \n (12)\n \n \n Coordination\n\t\t\t\twith energy credit for qualified biogas property\n \n \n The term\n \n qualified facility\n \n shall not include any facility which produces electricity from gas produced by\n\t\t\t\tqualified biogas property (as defined in section 48(c)(5)) if a credit is\n\t\t\t\tdetermined under section 48 with respect to such property for the taxable year\n\t\t\t\tor any prior taxable\n\t\t\t\tyear.\n \n \n \n .\n \n \n \n \n \n (5)\n \n \n Effective\n\t\t\t date\n \n \n The amendments made by this subsection shall apply to\n\t\t\t periods after December 31, 2012, in taxable years ending after such date, under\n\t\t\t rules similar to the rules of section 48(m) of the Internal Revenue Code of\n\t\t\t 1986 (as in effect on the day before the date of the enactment of the Revenue\n\t\t\t Reconciliation Act of 1990).\n \n \n \n \n \n (b)\n \n \n Qualified biogas\n\t\t\t property made eligible for financing with new clean renewable energy\n\t\t\t bonds\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n Paragraph (1) of\n \n section 54C(d)\n \n of the Internal Revenue Code of 1986 is amended by inserting\n \n \n \n \n (2)\n \n \n Effective\n\t\t\t date\n \n \n The amendment made by this subsection shall apply to\n\t\t\t obligations issued after the date of the enactment of this Act.\n \n \n \n \n \n (c)\n \n \n Study of\n\t\t\t biogas\n \n \n The Secretary of the Treasury shall enter into an\n\t\t\t agreement with the National Renewable Energy Laboratory to undertake a study of\n\t\t\t biogas. Such agreement shall provide for a written report to be submitted to\n\t\t\t Congress not later than 2 years after the date of the enactment of this Act.\n\t\t\t Such report shall address the following issues:\n \n \n \n (1)\n \n \n The quality of\n\t\t\t biogas, including a comparison of biogas to natural gas and the identification\n\t\t\t of any components of biogas which make it unsuitable for injection into\n\t\t\t existing natural gas pipelines.\n \n \n \n \n (2)\n \n \n Methods for\n\t\t\t obtaining the highest energy content in biogas, including the use of\n\t\t\t co-digestion and identifying the optimal feed mixture.\n \n \n \n \n (3)\n \n \n Recommendations\n\t\t\t for the expansion of biogas production, including an analysis of the extent to\n\t\t\t which increasing the methane content of biogas would result in its greater use\n\t\t\t and an analysis of how the expanded use of biogas could help meet the growing\n\t\t\t energy needs of the United States.\n \n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 860 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Kind (for himself and Mr. Lewis ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to make qualified biogas property eligible for the energy credit and to permit new clean renewable energy bonds to finance qualified biogas property.\n\n1. Short title This Act may be cited as the Biogas Investment Tax Credit Act of 2013 . 2. Incentives for qualified biogas property (a) Incentives for qualified biogas property made eligible for the energy credit (1) In general Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by striking or at the end of clause (vi), by inserting or at the end of clause (vii), and by adding at the end the following new clause: (viii) qualified biogas property, . (2) Qualified biogas property Subsection (c) of section 48 of such Code is amended by adding at the end the following new paragraph: (5) Qualified biogas property (A) In general The term qualified biogas property means property comprising a system which— (i) uses anaerobic digesters or other biological, chemical, thermal, or mechanical processes (alone or in combination) to convert biomass (as defined in section 45K(c)(3)) into a gas which consists of not less than 52 percent methane, and (ii) captures such gas for use as a fuel. (B) Inclusion of certain cleaning and conditioning equipment Such term shall include any property which cleans and conditions the gas referred to in subparagraph (A) for use as a fuel. (C) Termination No credit shall be determined under this section with respect to any qualified biogas property for any period after December 31, 2018. . (3) Qualified biogas property made eligible for 30 percent credit Clause (i) of section 48(a)(2)(A) of such Code is amended by striking and at the end of subclause (III) and by adding at the end the following new subclause: (V) qualified biogas property, and . (4) Denial of double benefit Subsection (e) of section 45 of such Code is amended by adding at the end the following new paragraph: (12) Coordination with energy credit for qualified biogas property The term qualified facility shall not include any facility which produces electricity from gas produced by qualified biogas property (as defined in section 48(c)(5)) if a credit is determined under section 48 with respect to such property for the taxable year or any prior taxable year. . (5) Effective date The amendments made by this subsection shall apply to periods after December 31, 2012, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (b) Qualified biogas property made eligible for financing with new clean renewable energy bonds (1) In general Paragraph (1) of section 54C(d) of the Internal Revenue Code of 1986 is amended by inserting , or a qualified biogas property (as defined in section 48(c)(5)), before owned by . (2) Effective date The amendment made by this subsection shall apply to obligations issued after the date of the enactment of this Act. (c) Study of biogas The Secretary of the Treasury shall enter into an agreement with the National Renewable Energy Laboratory to undertake a study of biogas. Such agreement shall provide for a written report to be submitted to Congress not later than 2 years after the date of the enactment of this Act. Such report shall address the following issues: (1) The quality of biogas, including a comparison of biogas to natural gas and the identification of any components of biogas which make it unsuitable for injection into existing natural gas pipelines. (2) Methods for obtaining the highest energy content in biogas, including the use of co-digestion and identifying the optimal feed mixture. (3) Recommendations for the expansion of biogas production, including an analysis of the extent to which increasing the methane content of biogas would result in its greater use and an analysis of how the expanded use of biogas could help meet the growing energy needs of the United States."}}},{"rowIdx":1596,"cells":{"tv_id":{"kind":"string","value":"113-hr-861-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-861"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":861,"string":"861"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr861ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr861ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:35.962"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 861 IH: Elder Abuse Victims Act of 2013\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Short title\n \n \n This Act may be cited as the\n \n \n \n \n 2.\n \n \n Definitions\n \n \n In this Act—\n \n \n \n (1)\n \n \n the terms\n \n abuse\n \n ,\n \n elder\n \n ,\n \n elder justice\n \n ,\n \n exploitation\n \n , and\n \n neglect\n \n have the meanings given those terms in section 2011 of the\n\t\t\t Social Security Act (\n \n 42 U.S.C. 1397j\n \n );\n \n \n \n \n (2)\n \n \n the term\n \n elder abuse\n \n includes neglect and exploitation;\n \n \n \n \n (3)\n \n \n the term\n \n Director\n \n means the Director of the Office appointed under section\n\t\t\t 3(b);\n \n \n \n \n (4)\n \n \n the term\n \n Office\n \n means the Office of Elder Justice established under section\n\t\t\t 3(a);\n \n \n \n \n (5)\n \n \n the term\n \n State\n \n means each of the several States of the United States, the\n\t\t\t District of Columbia, the Commonwealth of Puerto Rico, and any other territory\n\t\t\t of possession of the United States; and\n \n \n \n \n (6)\n \n \n the term\n \n task force\n \n means a multidisciplinary task force on elder justice\n\t\t\t established or designated under section 5(c)(1).\n \n \n \n \n \n 3.\n \n \n Office of Elder\n\t\t\t Justice\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n There is established within the Department of Justice an\n\t\t\t office to be known as the Office of Elder Justice, which shall address issues\n\t\t\t relating to elder abuse.\n \n \n \n \n (b)\n \n \n Director\n \n \n The\n\t\t\t Office shall be headed by a Director who shall—\n \n \n \n (1)\n \n \n be appointed by\n\t\t\t the President, by and with the advice and consent of the Senate, from among\n\t\t\t individuals with experience and expertise in elder abuse; and\n \n \n \n \n (2)\n \n \n serve as counsel\n\t\t\t to the Attorney General on elder justice and elder abuse.\n \n \n \n \n \n (c)\n \n \n Responsibilities\n \n \n The\n\t\t\t Director shall—\n \n \n \n (1)\n \n \n create, compile,\n\t\t\t evaluate, and disseminate materials and information, and provide the necessary\n\t\t\t training and technical assistance, to assist States and units of local\n\t\t\t government in—\n \n \n \n (A)\n \n \n investigating,\n\t\t\t prosecuting, pursuing, preventing, understanding, and mitigating the impact\n\t\t\t of—\n \n \n \n (i)\n \n \n physical, sexual,\n\t\t\t and psychological abuse of elders;\n \n \n \n \n (ii)\n \n \n exploitation of\n\t\t\t elders, including financial abuse and scams targeting elders; and\n \n \n \n \n (iii)\n \n \n neglect of\n\t\t\t elders; and\n \n \n \n \n \n (B)\n \n \n assessing,\n\t\t\t addressing, and mitigating the physical and psychological trauma to victims of\n\t\t\t elder abuse;\n \n \n \n \n \n (2)\n \n \n collect data and\n\t\t\t perform an evidence-based evaluation to—\n \n \n \n (A)\n \n \n assure the\n\t\t\t efficacy of measures and methods intended to prevent, detect, respond to, or\n\t\t\t redress elder abuse; and\n \n \n \n \n (B)\n \n \n evaluate the\n\t\t\t number of victims of elder abuse in each State and the extent to which the\n\t\t\t needs of the victims are served by crime victim services, programs, and sources\n\t\t\t of funding;\n \n \n \n \n \n (3)\n \n \n publish a report,\n\t\t\t on an annual basis, that describes the results of the evaluations conducted\n\t\t\t under\n \n paragraphs (1)\n \n and\n \n (2)\n \n , and submit the report to each\n\t\t\t Federal agency, each State, and the Committee on the Judiciary and the Special\n\t\t\t Committee on Aging of the Senate and the Committee on the Judiciary of the\n\t\t\t House of Representatives;\n \n \n \n \n (4)\n \n \n evaluate training\n\t\t\t models to determine best practices, create replication guides, create training\n\t\t\t materials for law enforcement officers, prosecutors, judges, emergency\n\t\t\t responders, individuals working in victim services, adult protective services,\n\t\t\t social services, and public safety, medical personnel, mental health personnel,\n\t\t\t financial services personnel, and any other individuals whose work may bring\n\t\t\t them in contact with elder abuse regarding how to—\n \n \n \n (A)\n \n \n conduct\n\t\t\t investigations in elder abuse cases;\n \n \n \n \n (B)\n \n \n address\n\t\t\t evidentiary issues and other legal issues; and\n \n \n \n \n (C)\n \n \n appropriately\n\t\t\t assess, respond to, and interact with victims and witnesses in elder abuse\n\t\t\t cases, including in administrative, civil, and criminal judicial\n\t\t\t proceedings;\n \n \n \n \n \n (5)\n \n \n conduct, and\n\t\t\t update on a regular basis, a study of laws and practices relating to elder\n\t\t\t abuse, including—\n \n \n \n (A)\n \n \n a comprehensive\n\t\t\t description of State laws and practices;\n \n \n \n \n (B)\n \n \n an analysis of the\n\t\t\t effectiveness of State laws and practices, including—\n \n \n \n (i)\n \n \n whether the State\n\t\t\t laws are enforced; and\n \n \n \n \n (ii)\n \n \n if\n\t\t\t enforced—\n \n \n \n (I)\n \n \n how the State laws\n\t\t\t are enforced; and\n \n \n \n \n (II)\n \n \n how enforcement\n\t\t\t of the State laws has effected elder abuse within the State;\n \n \n \n \n \n \n (C)\n \n \n a review of State\n\t\t\t definitions of the terms\n \n abuse\n \n ,\n \n neglect\n \n , and\n \n exploitation\n \n in the context of elder abuse cases;\n \n \n \n \n (D)\n \n \n a review of State\n\t\t\t laws that mandate reporting of elder abuse, including adult protective services\n\t\t\t laws, laws that require the reporting of nursing home deaths or suspicious\n\t\t\t deaths of elders to coroners or medical examiners, and other pertinent\n\t\t\t reporting laws, that analyzes—\n \n \n \n (i)\n \n \n the\n\t\t\t impact and efficacy of the State laws;\n \n \n \n \n (ii)\n \n \n whether the State\n\t\t\t laws are enforced;\n \n \n \n \n (iii)\n \n \n the levels of\n\t\t\t compliance with the State laws; and\n \n \n \n \n (iv)\n \n \n the\n\t\t\t response to, and actions taken as a result of, reports made under the State\n\t\t\t laws;\n \n \n \n \n \n (E)\n \n \n a review of State\n\t\t\t evidentiary, procedural, sentencing, choice of remedies, and data retention\n\t\t\t issues relating to elder abuse;\n \n \n \n \n (F)\n \n \n a review of State\n\t\t\t fiduciary laws, including laws relating to guardianship, conservatorship, and\n\t\t\t power of attorney;\n \n \n \n \n (G)\n \n \n a review of State\n\t\t\t laws that permit or encourage employees of depository institutions (as defined\n\t\t\t in section 3(c)(1) of the Federal Deposit Insurance Act (\n \n 12 U.S.C. 1813(c)(1)\n \n )\n\t\t\t and State credit unions (as defined in section 101 of the Federal Credit Union\n\t\t\t Act (\n \n 12 U.S.C. 1752\n \n )) to prevent and report suspected elder abuse;\n \n \n \n \n (H)\n \n \n a review of State\n\t\t\t laws used in civil court proceedings to prevent and address elder abuse;\n \n \n \n \n (I)\n \n \n a review of State\n\t\t\t laws relating to fraud and related activities in connection with mail,\n\t\t\t telemarketing, the Internet, or health care;\n \n \n \n \n (J)\n \n \n a review of State\n\t\t\t laws that create programs, offices, or entities that address or respond to\n\t\t\t elder abuse; and\n \n \n \n \n (K)\n \n \n an analysis of any\n\t\t\t other State laws relating to elder abuse; and\n \n \n \n \n \n (6)\n \n \n carry out such\n\t\t\t other duties as the Attorney General determines necessary in connection with\n\t\t\t enhancing the understanding, prevention, and detection of, and response to,\n\t\t\t elder abuse.\n \n \n \n \n \n \n 4.\n \n \n Data\n\t\t\t collection\n \n \n The Attorney\n\t\t\t General, in consultation with the Secretary of Health and Human Services,\n\t\t\t shall, on an annual basis—\n \n \n \n (1)\n \n \n collect from\n\t\t\t Federal, State, and local law enforcement agencies and prosecutor offices\n\t\t\t statistical data relating to the incidence of elder abuse, including data\n\t\t\t relating to—\n \n \n \n (A)\n \n \n the number of\n\t\t\t elder abuse cases referred to law enforcement agencies, adult protective\n\t\t\t services, or any other State entity tasked with addressing elder abuse;\n \n \n \n \n (B)\n \n \n the number and\n\t\t\t types of such cases filed in Federal, State, and local courts; and\n \n \n \n \n (C)\n \n \n the outcomes of\n\t\t\t the cases described in\n \n subparagraphs (A)\n \n and\n \n (B)\n \n and the reasons for such\n\t\t\t outcomes;\n \n \n \n \n \n (2)\n \n \n identify common\n\t\t\t data points among Federal, State, and local law enforcement agencies and\n\t\t\t prosecutor offices that would allow for the collection of uniform national data\n\t\t\t related to elder abuse;\n \n \n \n \n (3)\n \n \n publish a summary\n\t\t\t of the data collected under\n \n paragraphs (1)\n \n and\n \n (2)\n \n ;\n \n \n \n \n (4)\n \n \n identify—\n \n \n \n (A)\n \n \n the types of data\n\t\t\t relevant to elder abuse that should be collected; and\n \n \n \n \n (B)\n \n \n what entity is\n\t\t\t most capable of collecting the data described in\n \n subparagraph (A)\n \n ; and\n \n \n \n \n \n (5)\n \n \n develop\n\t\t\t recommendations for collecting additional data relating to elder abuse.\n \n \n \n \n \n 5.\n \n \n Elder victims\n\t\t\t grant program\n \n \n \n (a)\n \n \n In\n\t\t\t general\n \n \n The Director may make grants and provide technical\n\t\t\t assistance to not more than 15 States to assist the States in developing,\n\t\t\t establishing, and operating programs designed to improve—\n \n \n \n (1)\n \n \n the response to\n\t\t\t cases of elder abuse in a manner that limits additional trauma to the elder\n\t\t\t victims; and\n \n \n \n \n (2)\n \n \n the investigation\n\t\t\t and prosecution of cases of elder abuse.\n \n \n \n \n \n (b)\n \n \n Eligibility\n \n \n A\n\t\t\t State is eligible to receive a grant under this section if the State—\n \n \n \n (1)\n \n \n has a crime\n\t\t\t victims compensation program that meets the criteria described in section\n\t\t\t 1403(b) of the Victims of Crime Act of 1984 (\n \n 42 U.S.C. 10602(b)\n \n ); and\n \n \n \n \n (2)\n \n \n is in compliance\n\t\t\t with\n \n subsection (c)\n \n .\n \n \n \n \n \n (c)\n \n \n Establishment of\n\t\t\t task force\n \n \n \n (1)\n \n \n In\n\t\t\t general\n \n \n In order to be eligible to receive a grant under this\n\t\t\t section, a State shall establish or, subject to\n \n paragraph (5)\n \n , designate a\n\t\t\t multidisciplinary task force on elder justice that is composed of professionals\n\t\t\t with knowledge and experience relating to the criminal justice system and\n\t\t\t issues of elder abuse.\n \n \n \n \n (2)\n \n \n Membership\n\t\t\t requirement\n \n \n Except as provided in\n \n paragraph (6)\n \n , a task force established\n\t\t\t or designated in accordance with this subsection shall include—\n \n \n \n (A)\n \n \n representatives\n\t\t\t from law enforcement agencies, such as police officers, sheriffs and deputy\n\t\t\t sheriffs, detectives, public safety officers, corrections officers,\n\t\t\t investigators and victims' service personnel;\n \n \n \n \n (B)\n \n \n a representative\n\t\t\t from the crime victim compensation program of the State;\n \n \n \n \n (C)\n \n \n judicial and legal\n\t\t\t officers, including individuals who work on cases of elder abuse;\n \n \n \n \n (D)\n \n \n elder justice and\n\t\t\t elder law advocates, including local agencies on aging and local public and\n\t\t\t private agencies and entities relating to elder abuse and other crimes against\n\t\t\t elders;\n \n \n \n \n (E)\n \n \n health and mental\n\t\t\t health professionals;\n \n \n \n \n (F)\n \n \n representatives\n\t\t\t from social services agencies in the State; and\n \n \n \n \n (G)\n \n \n family members of\n\t\t\t victims of elder abuse.\n \n \n \n \n \n (3)\n \n \n Review and\n\t\t\t evaluation\n \n \n A task force established or designated in accordance\n\t\t\t with this subsection shall—\n \n \n \n (A)\n \n \n review and\n\t\t\t evaluate the investigative, administrative, and judicial responses to cases of\n\t\t\t elder abuse in the State;\n \n \n \n \n (B)\n \n \n make\n\t\t\t recommendations to the State based on the review and evaluation conducted under\n \n subparagraph (A)\n \n , including\n\t\t\t recommendations relating to—\n \n \n \n (i)\n \n \n modifying the\n\t\t\t investigative, administrative, and judicial response to cases of elder abuse in\n\t\t\t a manner that—\n \n \n \n (I)\n \n \n reduces additional\n\t\t\t trauma to the elder victim; and\n \n \n \n \n (II)\n \n \n ensures\n\t\t\t procedural fairness to the individual accused of elder abuse; and\n \n \n \n \n \n (ii)\n \n \n experimental,\n\t\t\t model, and demonstration programs for testing innovative approaches and\n\t\t\t techniques that may improve the rate of successful prosecution or enhance the\n\t\t\t effectiveness of judicial and administrative action in elder abuse cases, and\n\t\t\t which ensure procedural fairness to the accused, including a determination of\n\t\t\t which programs are most effective; and\n \n \n \n \n \n (C)\n \n \n submit the\n\t\t\t recommendations described in\n \n subparagraph (B)\n \n to the Office.\n \n \n \n \n \n (4)\n \n \n Task force\n\t\t\t alternative\n \n \n If determined\n\t\t\t appropriate by the Director, a State may comply with the eligibility\n\t\t\t requirement described in\n \n paragraph (1)\n \n by designating a commission\n\t\t\t or task force established by a State before January 1, 2013, with membership\n\t\t\t and functions comparable to those described in\n \n paragraphs (2)\n \n and\n \n (3)\n \n , respectively, as the task force on\n\t\t\t elder justice required under such\n \n paragraph (1)\n \n .\n \n \n \n \n (5)\n \n \n Task force\n\t\t\t membership waiver\n \n \n The Director may waive, in part, the task force\n\t\t\t membership requirements under\n \n paragraph (2)\n \n for a State that\n\t\t\t demonstrates a need for the waiver.\n \n \n \n \n \n (d)\n \n \n Use of\n\t\t\t funds\n \n \n Grant funds awarded under this section may be used by a\n\t\t\t State to support—\n \n \n \n (1)\n \n \n State and local\n\t\t\t prosecutor offices and courts in elder abuse matters, including—\n \n \n \n (A)\n \n \n hiring or paying\n\t\t\t salary and benefits for employees and establishing or implementing units\n\t\t\t designated to work on elder justice issues in State prosecutors' offices and\n\t\t\t State courts; and\n \n \n \n \n (B)\n \n \n hiring or paying\n\t\t\t salary and benefits for an employee to coordinate elder justice-related cases,\n\t\t\t training, technical assistance, and policy development for State and local\n\t\t\t prosecutors and courts;\n \n \n \n \n \n (2)\n \n \n State and local\n\t\t\t law enforcement agencies investigating cases of elder abuse; and\n \n \n \n \n (3)\n \n \n adult protective\n\t\t\t services.\n \n \n \n \n \n (e)\n \n \n State\n\t\t\t reports\n \n \n Not later than 1 year after a State receives grant funds\n\t\t\t under this section, the State shall submit to the Director a report that\n\t\t\t includes—\n \n \n \n (1)\n \n \n an evaluation of\n\t\t\t the effectiveness of the grant program;\n \n \n \n \n (2)\n \n \n a list of all laws\n\t\t\t of the State relating to elder abuse; and\n \n \n \n \n (3)\n \n \n any other\n\t\t\t information the Director may require.\n \n \n \n \n \n (f)\n \n \n Evaluation and\n\t\t\t report\n \n \n Not later than 1 year after the date on which the Director\n\t\t\t makes available the final funds awarded under a grant under this section, the\n\t\t\t Director shall—\n \n \n \n (1)\n \n \n evaluate the grant\n\t\t\t program established under this section; and\n \n \n \n \n (2)\n \n \n submit to the\n\t\t\t appropriate congressional committees a report on the evaluation conducted under\n \n paragraph (1)\n \n , including recommendations\n\t\t\t on whether the grant program should be continued.\n \n \n \n \n \n \n 6.\n \n \n Elder Justice\n\t\t\t Coordinating Council\n \n \n Section\n\t\t\t 2021(b)(1)(B) of the Social Security Act (\n \n 42 U.S.C. 1397k(b)(1)(B)\n \n ) is amended\n\t\t\t by striking\n \n \n \n \n 7.\n \n \n Authorization of\n\t\t\t appropriations\n \n \n There is\n\t\t\t authorized to be appropriated to carry out this Act $20,000,000 for each of\n\t\t\t fiscal years 2014 through 2016. Such sums shall be derived from amounts\n\t\t\t appropriated in each such fiscal year for General Administration, Salaries and\n\t\t\t Expenses, for the Department of Justice.\n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 861 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. King of New York (for himself, Ms. Schakowsky , Mr. Hastings of Florida , Mr. Grijalva , Mr. Owens , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To better protect, serve, and advance the rights of victims of elder abuse and exploitation by establishing a program to encourage States and other qualified entities to create jobs designed to hold offenders accountable, enhance the capacity of the justice system to investigate, pursue, and prosecute elder abuse cases, identify existing resources to leverage to the extent possible, and assure data collection, research, and evaluation to promote the efficacy and efficiency of the activities described in this Act.\n\n1. Short title This Act may be cited as the Elder Abuse Victims Act of 2013 . 2. Definitions In this Act— (1) the terms abuse , elder , elder justice , exploitation , and neglect have the meanings given those terms in section 2011 of the Social Security Act ( 42 U.S.C. 1397j ); (2) the term elder abuse includes neglect and exploitation; (3) the term Director means the Director of the Office appointed under section 3(b); (4) the term Office means the Office of Elder Justice established under section 3(a); (5) the term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory of possession of the United States; and (6) the term task force means a multidisciplinary task force on elder justice established or designated under section 5(c)(1). 3. Office of Elder Justice (a) In general There is established within the Department of Justice an office to be known as the Office of Elder Justice, which shall address issues relating to elder abuse. (b) Director The Office shall be headed by a Director who shall— (1) be appointed by the President, by and with the advice and consent of the Senate, from among individuals with experience and expertise in elder abuse; and (2) serve as counsel to the Attorney General on elder justice and elder abuse. (c) Responsibilities The Director shall— (1) create, compile, evaluate, and disseminate materials and information, and provide the necessary training and technical assistance, to assist States and units of local government in— (A) investigating, prosecuting, pursuing, preventing, understanding, and mitigating the impact of— (i) physical, sexual, and psychological abuse of elders; (ii) exploitation of elders, including financial abuse and scams targeting elders; and (iii) neglect of elders; and (B) assessing, addressing, and mitigating the physical and psychological trauma to victims of elder abuse; (2) collect data and perform an evidence-based evaluation to— (A) assure the efficacy of measures and methods intended to prevent, detect, respond to, or redress elder abuse; and (B) evaluate the number of victims of elder abuse in each State and the extent to which the needs of the victims are served by crime victim services, programs, and sources of funding; (3) publish a report, on an annual basis, that describes the results of the evaluations conducted under paragraphs (1) and (2) , and submit the report to each Federal agency, each State, and the Committee on the Judiciary and the Special Committee on Aging of the Senate and the Committee on the Judiciary of the House of Representatives; (4) evaluate training models to determine best practices, create replication guides, create training materials for law enforcement officers, prosecutors, judges, emergency responders, individuals working in victim services, adult protective services, social services, and public safety, medical personnel, mental health personnel, financial services personnel, and any other individuals whose work may bring them in contact with elder abuse regarding how to— (A) conduct investigations in elder abuse cases; (B) address evidentiary issues and other legal issues; and (C) appropriately assess, respond to, and interact with victims and witnesses in elder abuse cases, including in administrative, civil, and criminal judicial proceedings; (5) conduct, and update on a regular basis, a study of laws and practices relating to elder abuse, including— (A) a comprehensive description of State laws and practices; (B) an analysis of the effectiveness of State laws and practices, including— (i) whether the State laws are enforced; and (ii) if enforced— (I) how the State laws are enforced; and (II) how enforcement of the State laws has effected elder abuse within the State; (C) a review of State definitions of the terms abuse , neglect , and exploitation in the context of elder abuse cases; (D) a review of State laws that mandate reporting of elder abuse, including adult protective services laws, laws that require the reporting of nursing home deaths or suspicious deaths of elders to coroners or medical examiners, and other pertinent reporting laws, that analyzes— (i) the impact and efficacy of the State laws; (ii) whether the State laws are enforced; (iii) the levels of compliance with the State laws; and (iv) the response to, and actions taken as a result of, reports made under the State laws; (E) a review of State evidentiary, procedural, sentencing, choice of remedies, and data retention issues relating to elder abuse; (F) a review of State fiduciary laws, including laws relating to guardianship, conservatorship, and power of attorney; (G) a review of State laws that permit or encourage employees of depository institutions (as defined in section 3(c)(1) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(c)(1) ) and State credit unions (as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 )) to prevent and report suspected elder abuse; (H) a review of State laws used in civil court proceedings to prevent and address elder abuse; (I) a review of State laws relating to fraud and related activities in connection with mail, telemarketing, the Internet, or health care; (J) a review of State laws that create programs, offices, or entities that address or respond to elder abuse; and (K) an analysis of any other State laws relating to elder abuse; and (6) carry out such other duties as the Attorney General determines necessary in connection with enhancing the understanding, prevention, and detection of, and response to, elder abuse. 4. Data collection The Attorney General, in consultation with the Secretary of Health and Human Services, shall, on an annual basis— (1) collect from Federal, State, and local law enforcement agencies and prosecutor offices statistical data relating to the incidence of elder abuse, including data relating to— (A) the number of elder abuse cases referred to law enforcement agencies, adult protective services, or any other State entity tasked with addressing elder abuse; (B) the number and types of such cases filed in Federal, State, and local courts; and (C) the outcomes of the cases described in subparagraphs (A) and (B) and the reasons for such outcomes; (2) identify common data points among Federal, State, and local law enforcement agencies and prosecutor offices that would allow for the collection of uniform national data related to elder abuse; (3) publish a summary of the data collected under paragraphs (1) and (2) ; (4) identify— (A) the types of data relevant to elder abuse that should be collected; and (B) what entity is most capable of collecting the data described in subparagraph (A) ; and (5) develop recommendations for collecting additional data relating to elder abuse. 5. Elder victims grant program (a) In general The Director may make grants and provide technical assistance to not more than 15 States to assist the States in developing, establishing, and operating programs designed to improve— (1) the response to cases of elder abuse in a manner that limits additional trauma to the elder victims; and (2) the investigation and prosecution of cases of elder abuse. (b) Eligibility A State is eligible to receive a grant under this section if the State— (1) has a crime victims compensation program that meets the criteria described in section 1403(b) of the Victims of Crime Act of 1984 ( 42 U.S.C. 10602(b) ); and (2) is in compliance with subsection (c) . (c) Establishment of task force (1) In general In order to be eligible to receive a grant under this section, a State shall establish or, subject to paragraph (5) , designate a multidisciplinary task force on elder justice that is composed of professionals with knowledge and experience relating to the criminal justice system and issues of elder abuse. (2) Membership requirement Except as provided in paragraph (6) , a task force established or designated in accordance with this subsection shall include— (A) representatives from law enforcement agencies, such as police officers, sheriffs and deputy sheriffs, detectives, public safety officers, corrections officers, investigators and victims' service personnel; (B) a representative from the crime victim compensation program of the State; (C) judicial and legal officers, including individuals who work on cases of elder abuse; (D) elder justice and elder law advocates, including local agencies on aging and local public and private agencies and entities relating to elder abuse and other crimes against elders; (E) health and mental health professionals; (F) representatives from social services agencies in the State; and (G) family members of victims of elder abuse. (3) Review and evaluation A task force established or designated in accordance with this subsection shall— (A) review and evaluate the investigative, administrative, and judicial responses to cases of elder abuse in the State; (B) make recommendations to the State based on the review and evaluation conducted under subparagraph (A) , including recommendations relating to— (i) modifying the investigative, administrative, and judicial response to cases of elder abuse in a manner that— (I) reduces additional trauma to the elder victim; and (II) ensures procedural fairness to the individual accused of elder abuse; and (ii) experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve the rate of successful prosecution or enhance the effectiveness of judicial and administrative action in elder abuse cases, and which ensure procedural fairness to the accused, including a determination of which programs are most effective; and (C) submit the recommendations described in subparagraph (B) to the Office. (4) Task force alternative If determined appropriate by the Director, a State may comply with the eligibility requirement described in paragraph (1) by designating a commission or task force established by a State before January 1, 2013, with membership and functions comparable to those described in paragraphs (2) and (3) , respectively, as the task force on elder justice required under such paragraph (1) . (5) Task force membership waiver The Director may waive, in part, the task force membership requirements under paragraph (2) for a State that demonstrates a need for the waiver. (d) Use of funds Grant funds awarded under this section may be used by a State to support— (1) State and local prosecutor offices and courts in elder abuse matters, including— (A) hiring or paying salary and benefits for employees and establishing or implementing units designated to work on elder justice issues in State prosecutors' offices and State courts; and (B) hiring or paying salary and benefits for an employee to coordinate elder justice-related cases, training, technical assistance, and policy development for State and local prosecutors and courts; (2) State and local law enforcement agencies investigating cases of elder abuse; and (3) adult protective services. (e) State reports Not later than 1 year after a State receives grant funds under this section, the State shall submit to the Director a report that includes— (1) an evaluation of the effectiveness of the grant program; (2) a list of all laws of the State relating to elder abuse; and (3) any other information the Director may require. (f) Evaluation and report Not later than 1 year after the date on which the Director makes available the final funds awarded under a grant under this section, the Director shall— (1) evaluate the grant program established under this section; and (2) submit to the appropriate congressional committees a report on the evaluation conducted under paragraph (1) , including recommendations on whether the grant program should be continued. 6. Elder Justice Coordinating Council Section 2021(b)(1)(B) of the Social Security Act ( 42 U.S.C. 1397k(b)(1)(B) ) is amended by striking (or the Attorney General's designee) and inserting (or the Director of the Office of Elder Justice) . 7. Authorization of appropriations There is authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2014 through 2016. Such sums shall be derived from amounts appropriated in each such fiscal year for General Administration, Salaries and Expenses, for the Department of Justice."}}},{"rowIdx":1597,"cells":{"tv_id":{"kind":"string","value":"113-hr-862-eh-dtd"},"legis_id":{"kind":"string","value":"113-hr-862"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":862,"string":"862"},"legis_version":{"kind":"string","value":"eh"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr862eh.xml"},"file_name":{"kind":"string","value":"BILLS-113hr862eh.xml"},"lastmod":{"kind":"string","value":"2023-01-07 10:21:02.979"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 862 EH: To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.\n \n \n U.S. House of Representatives\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Conveyance of land to correct erroneous survey, Coconino National Forest, Arizona\n \n \n \n (a)\n \n \n Conveyance authorized\n \n \n The Secretary of Agriculture may convey by quitclaim deed all right, title, and interest of the United States in and to the two parcels of land described in subsection (b) to a person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the two parcels. These parcels are within the boundaries of the Coconino National Forest and contain private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.\n \n \n \n \n (b)\n \n \n Description of land\n \n \n The two parcels of land authorized for conveyance under subsection (a) consist of approximately 2.67 acres described in the Bureau of Land Management’s Survey Plat titled Subdivision and Metes and Bounds Surveys in secs. 28 and 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, approved February 2, 2010, as follows:\n \n \n \n (1)\n \n \n Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona.\n \n \n \n \n (2)\n \n \n Lot 1, sec. 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona.\n \n \n \n \n \n (c)\n \n \n Consideration\n \n \n \n (1)\n \n \n Amount of consideration\n \n \n As consideration for the conveyance of the two parcels under subsection (a), the person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the parcels shall pay to the Secretary consideration in the amount of $20,000.\n \n \n \n \n (2)\n \n \n Deposit\n \n \n The Secretary shall deposit the consideration received under this subsection in a special account in the fund established under\n \n Public Law 90–171\n \n (commonly known as the Sisk Act;\n \n 16 U.S.C. 484a\n \n ).\n \n \n \n \n (3)\n \n \n Use\n \n \n The deposited funds shall be available to the Secretary, without further appropriation and until expended, for acquisition of land in the National Forest System.\n \n \n \n \n \n (d)\n \n \n Revocation of orders\n \n \n Any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit conveyance of the Federal land under subsection (a).\n \n \n \n \n (e)\n \n \n Withdrawal of Federal land\n \n \n Subject to valid existing rights, the Federal land authorized for conveyance under subsection (a) is withdrawn from all forms of entry and appropriation under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing and geothermal leasing laws until the date which the conveyance is completed.\n \n \n \n \n (f)\n \n \n Other terms and conditions\n \n \n The conveyance authorized by subsection (a) shall be subject only to those surveys and clearances as needed to protect the interests of the United States.\n \n \n \n \n (g)\n \n \n Duration of authority\n \n \n The authority provided under this section shall terminate three years after the date of the enactment of this Act.\n \n \n \n \n \n \n \n Passed the House of Representatives June 17, 2013.\n \n \n Karen L. Haas,\n \n \n Clerk.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"IB 113th CONGRESS 1st Session H. R. 862 IN THE HOUSE OF REPRESENTATIVES AN ACT To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.\n\n1. Conveyance of land to correct erroneous survey, Coconino National Forest, Arizona (a) Conveyance authorized The Secretary of Agriculture may convey by quitclaim deed all right, title, and interest of the United States in and to the two parcels of land described in subsection (b) to a person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the two parcels. These parcels are within the boundaries of the Coconino National Forest and contain private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960. (b) Description of land The two parcels of land authorized for conveyance under subsection (a) consist of approximately 2.67 acres described in the Bureau of Land Management’s Survey Plat titled Subdivision and Metes and Bounds Surveys in secs. 28 and 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, approved February 2, 2010, as follows: (1) Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona. (2) Lot 1, sec. 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona. (c) Consideration (1) Amount of consideration As consideration for the conveyance of the two parcels under subsection (a), the person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the parcels shall pay to the Secretary consideration in the amount of $20,000. (2) Deposit The Secretary shall deposit the consideration received under this subsection in a special account in the fund established under Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a ). (3) Use The deposited funds shall be available to the Secretary, without further appropriation and until expended, for acquisition of land in the National Forest System. (d) Revocation of orders Any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit conveyance of the Federal land under subsection (a). (e) Withdrawal of Federal land Subject to valid existing rights, the Federal land authorized for conveyance under subsection (a) is withdrawn from all forms of entry and appropriation under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing and geothermal leasing laws until the date which the conveyance is completed. (f) Other terms and conditions The conveyance authorized by subsection (a) shall be subject only to those surveys and clearances as needed to protect the interests of the United States. (g) Duration of authority The authority provided under this section shall terminate three years after the date of the enactment of this Act.\n\nPassed the House of Representatives June 17, 2013. Karen L. Haas, Clerk."}}},{"rowIdx":1598,"cells":{"tv_id":{"kind":"string","value":"113-hr-862-enr-dtd"},"legis_id":{"kind":"string","value":"113-hr-862"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":862,"string":"862"},"legis_version":{"kind":"string","value":"enr"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/2/hr/BILLS-113hr862enr.xml"},"file_name":{"kind":"string","value":"BILLS-113hr862enr.xml"},"lastmod":{"kind":"string","value":"2023-01-07 03:23:02.136"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n HR 862 ENR: To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.\n \n \n U.S. House of Representatives\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Conveyance of land to correct erroneous survey, Coconino National Forest, Arizona\n \n \n \n (a)\n \n \n Conveyance authorized\n \n \n The Secretary of Agriculture may convey by quitclaim deed all right, title, and interest of the United States in and to the two parcels of land described in subsection (b) to a person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the two parcels. These parcels are within the boundaries of the Coconino National Forest and contain private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.\n \n \n \n \n (b)\n \n \n Description of land\n \n \n The two parcels of land authorized for conveyance under subsection (a) consist of approximately 2.67 acres described in the Bureau of Land Management’s Survey Plat titled Subdivision and Metes and Bounds Surveys in secs. 28 and 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, approved February 2, 2010, as follows:\n \n \n \n (1)\n \n \n Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona.\n \n \n \n \n (2)\n \n \n Lot 1, sec. 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona.\n \n \n \n \n \n (c)\n \n \n Consideration\n \n \n \n (1)\n \n \n Amount of consideration\n \n \n As consideration for the conveyance of the two parcels under subsection (a), the person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the parcels shall pay to the Secretary consideration in the amount of $20,000.\n \n \n \n \n (2)\n \n \n Deposit\n \n \n The Secretary shall deposit the consideration received under this subsection in a special account in the fund established under\n \n Public Law 90–171\n \n (commonly known as the Sisk Act;\n \n 16 U.S.C. 484a\n \n ).\n \n \n \n \n (3)\n \n \n Use\n \n \n The deposited funds shall be available to the Secretary, without further appropriation and until expended, for acquisition of land in the National Forest System.\n \n \n \n \n \n (d)\n \n \n Revocation of orders\n \n \n Any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit conveyance of the Federal land under subsection (a).\n \n \n \n \n (e)\n \n \n Withdrawal of Federal land\n \n \n Subject to valid existing rights, the Federal land authorized for conveyance under subsection (a) is withdrawn from all forms of entry and appropriation under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing and geothermal leasing laws until the date which the conveyance is completed.\n \n \n \n \n (f)\n \n \n Other terms and conditions\n \n \n The conveyance authorized by subsection (a) shall be subject only to those surveys and clearances as needed to protect the interests of the United States.\n \n \n \n \n (g)\n \n \n Duration of authority\n \n \n The authority provided under this section shall terminate three years after the date of the enactment of this Act.\n \n \n \n \n \n \n \n Speaker of the House of Representatives.\n \n \n \n \n Vice President of the United States and President of the Senate.\n \n \n \n \n"},"tv_txt":{"kind":"string","value":"IB One Hundred Thirteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen H. R. 862 AN ACT To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.\n\n1. Conveyance of land to correct erroneous survey, Coconino National Forest, Arizona (a) Conveyance authorized The Secretary of Agriculture may convey by quitclaim deed all right, title, and interest of the United States in and to the two parcels of land described in subsection (b) to a person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the two parcels. These parcels are within the boundaries of the Coconino National Forest and contain private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960. (b) Description of land The two parcels of land authorized for conveyance under subsection (a) consist of approximately 2.67 acres described in the Bureau of Land Management’s Survey Plat titled Subdivision and Metes and Bounds Surveys in secs. 28 and 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, approved February 2, 2010, as follows: (1) Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona. (2) Lot 1, sec. 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona. (c) Consideration (1) Amount of consideration As consideration for the conveyance of the two parcels under subsection (a), the person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the parcels shall pay to the Secretary consideration in the amount of $20,000. (2) Deposit The Secretary shall deposit the consideration received under this subsection in a special account in the fund established under Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a ). (3) Use The deposited funds shall be available to the Secretary, without further appropriation and until expended, for acquisition of land in the National Forest System. (d) Revocation of orders Any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit conveyance of the Federal land under subsection (a). (e) Withdrawal of Federal land Subject to valid existing rights, the Federal land authorized for conveyance under subsection (a) is withdrawn from all forms of entry and appropriation under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing and geothermal leasing laws until the date which the conveyance is completed. (f) Other terms and conditions The conveyance authorized by subsection (a) shall be subject only to those surveys and clearances as needed to protect the interests of the United States. (g) Duration of authority The authority provided under this section shall terminate three years after the date of the enactment of this Act.\n\nSpeaker of the House of Representatives. Vice President of the United States and President of the Senate."}}},{"rowIdx":1599,"cells":{"tv_id":{"kind":"string","value":"113-hr-862-ih-dtd"},"legis_id":{"kind":"string","value":"113-hr-862"},"congress_num":{"kind":"number","value":113,"string":"113"},"legis_type":{"kind":"string","value":"hr"},"legis_num":{"kind":"number","value":862,"string":"862"},"legis_version":{"kind":"string","value":"ih"},"legis_class":{"kind":"string","value":"bills"},"bulk_path":{"kind":"string","value":"data/govinfo/BILLS/113/1/hr/BILLS-113hr862ih.xml"},"file_name":{"kind":"string","value":"BILLS-113hr862ih.xml"},"lastmod":{"kind":"string","value":"2023-01-08 17:37:34.911"},"xml_type":{"kind":"string","value":"dtd"},"root_tag":{"kind":"string","value":"bill"},"tv_xml":{"kind":"string","value":"\n\n\n \n \n \n 113 HR 862 IH: To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.\n \n \n U.S. House of Representatives\n \n \n 2013-02-27\n \n \n text/xml\n \n \n EN\n \n \n Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.\n \n \n \n \n \n \n \n 1.\n \n \n Conveyance of land to\n\t\t\t correct erroneous survey, Coconino National Forest, Arizona\n \n \n \n (a)\n \n \n Conveyance\n\t\t\t authorized\n \n \n The Secretary of\n\t\t\t Agriculture may convey by quitclaim deed all right, title, and interest of the\n\t\t\t United States in and to the two parcels of land described in subsection (b) to\n\t\t\t a person or legal entity that represents (by power of attorney) the majority of\n\t\t\t landowners with private property adjacent to the two parcels. These parcels are\n\t\t\t within the boundaries of the Coconino National Forest and contain private\n\t\t\t improvements that were developed based upon the reliance of the landowners in\n\t\t\t an erroneous survey conducted in May 1960.\n \n \n \n \n (b)\n \n \n Description of\n\t\t\t land\n \n \n The two parcels of land\n\t\t\t authorized for conveyance under subsection (a) consist of approximately 2.67\n\t\t\t acres described in the Bureau of Land Management’s Survey Plat titled\n\t\t\t Subdivision and Metes and Bounds Surveys in secs. 28 and 29, T. 20 N., R. 7 E.,\n\t\t\t Gila and Salt River Meridian, approved February 2, 2010, as follows:\n \n \n \n (1)\n \n \n Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and\n\t\t\t Salt River Meridian, Coconino County, Arizona.\n \n \n \n \n (2)\n \n \n Lot 1, sec. 29, T.\n\t\t\t 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona.\n \n \n \n \n \n (c)\n \n \n Consideration\n \n \n \n (1)\n \n \n Amount of\n\t\t\t consideration\n \n \n As\n\t\t\t consideration for the conveyance of the two parcels under subsection (a), the\n\t\t\t person or legal entity that represents (by power of attorney) the majority of\n\t\t\t landowners with private property adjacent to the parcels shall pay to the\n\t\t\t Secretary consideration in the amount of $20,000.\n \n \n \n \n (2)\n \n \n Deposit\n \n \n The Secretary shall deposit the\n\t\t\t consideration received under this subsection in a special account in the fund\n\t\t\t established under\n \n Public Law 90–171\n \n (commonly known as the Sisk Act; 16 U.S.C.\n\t\t\t 484a).\n \n \n \n \n (3)\n \n \n Use\n \n \n The\n\t\t\t deposited funds shall be available to the Secretary, without further\n\t\t\t appropriation and until expended, for acquisition of land in the National\n\t\t\t Forest System.\n \n \n \n \n \n (d)\n \n \n Revocation of\n\t\t\t orders\n \n \n Any public orders withdrawing any of the Federal land from\n\t\t\t appropriation or disposal under the public land laws are revoked to the extent\n\t\t\t necessary to permit conveyance of the Federal land under subsection (a).\n \n \n \n \n (e)\n \n \n Withdrawal of\n\t\t\t Federal land\n \n \n Subject to valid\n\t\t\t existing rights, the Federal land authorized for conveyance under subsection\n\t\t\t (a) is withdrawn from all forms of entry and appropriation under the public\n\t\t\t land laws, location, entry, and patent under the mining laws, and operation of\n\t\t\t the mineral leasing and geothermal leasing laws until the date which the\n\t\t\t conveyance is completed.\n \n \n \n \n (f)\n \n \n Other terms and\n\t\t\t conditions\n \n \n The conveyance\n\t\t\t authorized by subsection (a) shall be subject only to those surveys and\n\t\t\t clearances as needed to protect the interests of the United States.\n \n \n \n \n (g)\n \n \n Duration of\n\t\t\t authority\n \n \n The authority provided under this section shall\n\t\t\t terminate three years after the date of the enactment of this Act.\n \n \n \n \n \n"},"tv_txt":{"kind":"string","value":"I 113th CONGRESS 1st Session H. R. 862 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mrs. Kirkpatrick (for herself and Mr. Gosar ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.\n\n1. Conveyance of land to correct erroneous survey, Coconino National Forest, Arizona (a) Conveyance authorized The Secretary of Agriculture may convey by quitclaim deed all right, title, and interest of the United States in and to the two parcels of land described in subsection (b) to a person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the two parcels. These parcels are within the boundaries of the Coconino National Forest and contain private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960. (b) Description of land The two parcels of land authorized for conveyance under subsection (a) consist of approximately 2.67 acres described in the Bureau of Land Management’s Survey Plat titled Subdivision and Metes and Bounds Surveys in secs. 28 and 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, approved February 2, 2010, as follows: (1) Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona. (2) Lot 1, sec. 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona. (c) Consideration (1) Amount of consideration As consideration for the conveyance of the two parcels under subsection (a), the person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the parcels shall pay to the Secretary consideration in the amount of $20,000. (2) Deposit The Secretary shall deposit the consideration received under this subsection in a special account in the fund established under Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a). (3) Use The deposited funds shall be available to the Secretary, without further appropriation and until expended, for acquisition of land in the National Forest System. (d) Revocation of orders Any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit conveyance of the Federal land under subsection (a). (e) Withdrawal of Federal land Subject to valid existing rights, the Federal land authorized for conveyance under subsection (a) is withdrawn from all forms of entry and appropriation under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing and geothermal leasing laws until the date which the conveyance is completed. (f) Other terms and conditions The conveyance authorized by subsection (a) shall be subject only to those surveys and clearances as needed to protect the interests of the United States. (g) Duration of authority The authority provided under this section shall terminate three years after the date of the enactment of this Act."}}}],"truncated":false,"partial":false},"paginationData":{"pageIndex":15,"numItemsPerPage":100,"numTotalItems":14053,"offset":1500,"length":100}},"jwt":"eyJhbGciOiJFZERTQSJ9.eyJyZWFkIjp0cnVlLCJwZXJtaXNzaW9ucyI6eyJyZXBvLmNvbnRlbnQucmVhZCI6dHJ1ZX0sImlhdCI6MTczNTk5MDcyMywic3ViIjoiL2RhdGFzZXRzL2h5cGVyZGVtb2NyYWN5L3VzYy10ZXh0dmVyc2lvbiIsImV4cCI6MTczNTk5NDMyMywiaXNzIjoiaHR0cHM6Ly9odWdnaW5nZmFjZS5jbyJ9.lprw8HkTu1gwRs7au2cA6Xc2S51gATYT2lcHv1c9Dz-IcigimnbYHlv2JENkGdGm8wsu7IjK_ST_q9NPbKaDCw","displayUrls":true},"discussionsStats":{"closed":0,"open":1,"total":1},"fullWidth":true,"hasGatedAccess":true,"hasFullAccess":true,"isEmbedded":false}">
\n\n and inserting\n\n Core services\n \n
\n\n ;\n\n Work ready\n\t\t\t services\n \n
\n (1)(A)\n\n and inserting\n
\n (1)(B)\n\n ;\n
\n core services\n\n and inserting\n
\n work ready services\n\n ;\n\t\t\t and\n
\n who are adults or dislocated workers\n\n ;\n
\n employment\n\t\t\t statistics\n\n and inserting\n
\n workforce and labor\n\t\t\t market\n\n ;\n
\n and eligible providers of youth\n\t\t\t activities described in section 123,\n\n ;\n
\n under section\n\t\t\t 136\n\n after\n
\n local performance measures\n\n ;\n
\n and the administration of the work test for the unemployment\n\t\t\t compensation system\n\n after\n
\n compensation\n\n ;\n
\n Except\n\n and inserting\n
\n Notwithstanding section 479B of the\n\t\t\t Higher Education Act of 1965 (\n\n ;\n\n 20 U.S.C. 1087uu\n \n ) and\n\t\t\t except\n
\n subsection (c)\n\n and inserting\n
\n section\n\t\t\t 121\n\n ;\n
\n section 122(e)\n\n and inserting\n
\n section 122(d)\n\n and by striking\n
\n section 122(h)\n\n and\n\t\t\t inserting\n
\n section 122(i)\n\n ; and\n
\n subsections (e) and (h)\n\n and\n\t\t\t inserting\n
\n subsection (i)\n\n ; and\n
\n\n and inserting\n\n individual training\n\t\t\t accounts\n \n
\n\n ;\n\n career enhancement\n\t\t\t accounts\n \n
\n individual training accounts\n\n and inserting\n
\n career enhancement accounts\n\n ;\n
\n an individual training\n\t\t\t account\n\n and inserting\n
\n a career enhancement\n\t\t\t account\n\n ;\n
\n subparagraph (F)\n\n and inserting\n
\n subparagraph\n\t\t\t (E)\n\n ;\n
\n individual training accounts\n\n and\n\t\t\t inserting\n
\n career enhancement accounts\n\n ;\n
\n or\n\n after the semicolon;\n
\n ; or\n\n ;\n\t\t\t and\n
\n adult\n\t\t\t or dislocated worker\n\n and inserting\n
\n individual\n\n ;\n\t\t\t and\n
\n\n ;\n\n and customer\n\t\t\t satisfaction indicator\n \n
\n and the customer satisfaction indicator described in paragraph\n\t\t\t (2)(B)\n\n ;\n
\n and the customer satisfaction indicator of performance, for\n\t\t\t the first 3\n\n and inserting\n
\n , for all 3\n\n ;\n
\n\n ; and\n\n for\n\t\t\t first 3 years\n \n
\n and the customer satisfaction indicator of performance, for the\n\t\t\t first 3 program years\n\n and inserting\n
\n for all 3 program\n\t\t\t years\n\n ;\n
\n or (v)\n\n ;\n
\n taking into account\n\n and inserting\n
\n which shall be\n\t\t\t adjusted based on\n\n ;\n
\n , such as unemployment rates and job losses or gains in\n\t\t\t particular industries\n\n after\n
\n economic conditions\n\n ;\n\t\t\t and\n
\n , such as indicators of poor work experience, dislocation from\n\t\t\t high-wage employment, low levels of literacy or English proficiency, disability\n\t\t\t status, including the number of veterans with disabilities, and welfare\n\t\t\t dependency\n\n after\n
\n program\n\n ;\n
\n described in clause (iv)(II)\n\n and inserting\n
\n described in clause (iv)(I)\n\n ; and\n
\n or (v)\n\n ; and\n
\n paragraph (2)(C)\n\n and inserting\n
\n paragraph (2)(B)\n\n ;\n
\n (i) the core indicators of performance described in\n\t\t\t subsection (b)(2)(A) for activities described in such subsections, other than\n\t\t\t statewide workforce investment activities; and\n\n ;\n
\n (b)(2)(C)\n\n and inserting\n
\n (b)(2)(B)\n\n ;\n\t\t\t and\n
\n 127 or\n\n ;\n
\n and the customer satisfaction indicator\n\n each place it\n\t\t\t appears; and\n
\n , and\n\t\t\t on the amount and percentage of the State’s annual allotment under section 132\n\t\t\t the State spends on administrative costs and on the amount and percentage of\n\t\t\t its annual allocation under section 133 each local area in the State spends on\n\t\t\t administrative costs\n\n ;\n
\n (excluding participants who received only self-service and informational\n\t\t\t activities)\n\n ; and\n
\n and\n\n at the\n\t\t\t end;\n
\n through publication\n\n and inserting\n
\n through electronic means\n\n ; and\n
\n or (B)\n\n ;\n
\n may reduce by not more than 5 percent,\n\n and\n\t\t\t inserting\n
\n shall reduce\n\n ; and\n
\n or (B)\n\n ;\n
\n a reorganization plan under\n\t\t\t subparagraph (A) may, not later than 30 days after receiving notice of the\n\t\t\t reorganization plan, appeal to the Governor to rescind or revise such\n\t\t\t plan\n\n and inserting\n
\n corrective actions under subparagraphs (A)\n\t\t\t and (B) may, not later than 30 days after receiving notice of the actions,\n\t\t\t appeal to the Governor to rescind or revise such actions\n\n ; and\n
\n subparagraph (B)\n\n each\n\t\t\t place it appears and inserting\n
\n subparagraph (C)\n\n ;\n
\n subsection (b)(2)(C)\n\n and inserting\n
\n subsection (b)(2)(B)\n\n ;\n
\n (b)(3)(A)(vi)\n\n and inserting\n
\n (b)(3)(A)(v)\n\n ;\n
\n the activities described in section 502\n\t\t\t concerning\n\n ;\n
\n described in paragraph (1) and in the activities\n\t\t\t described in section 502\n\n and inserting\n
\n and activities described\n\t\t\t in this subsection\n\n ; and\n
\n\n and inserting\n\n Applicable one-stop\n \n
\n\n ;\n\n One-stop\n \n
\n applicable\n\n ;\n
\n customer service\n\n ; and\n
\n intake\n\n and inserting\n
\n assessment\n\n ;\n
\n before completing the requirements\n\n and all that\n\t\t\t follows and inserting\n
\n prior to becoming a graduate.\n\n ; and\n
\n has completed the requirements\n\n and all that follows\n\t\t\t and inserting the following:\n
\n who, as a result of participation in the\n\t\t\t Job Corps program, has received a regular secondary school diploma, completed\n\t\t\t the requirements of a career and technical education and training program, or\n\t\t\t received, or is making satisfactory progress (as defined under section 484(c)\n\t\t\t of the Higher Education Act of 1965 (\n\n .\n\n 20 U.S.C. 1091(c)\n \n )) toward\n\t\t\t receiving, a recognized postsecondary credential, including an\n\t\t\t industry-recognized credential that prepares individuals for employment leading\n\t\t\t to economic self-sufficiency.\n
\n secondary\n\n before\n
\n school\n\n ;\n\t\t\t and\n
\n vocational\n\n and inserting\n
\n career and\n\t\t\t technical education and\n\n .\n
\n vocational\n\n and inserting\n
\n career and\n\t\t\t technical education and training\n\n ; and\n
\n To the extent practicable, the\n\n and inserting\n
\n The\n\n ;\n
\n applicable\n\n ; and\n
\n and\n\n after the semicolon;\n
\n and agrees to such rules\n\n after\n
\n failure to observe the rules\n\n ; and\n
\n 2 years\n\n and inserting\n
\n year\n\n ; and\n
\n an assignment\n\n and inserting\n
\n a\n\n ;\n\t\t\t and\n
\n , every 2\n\t\t\t years,\n\n ;\n
\n and\n\n at the end; and\n
\n the education and training\n\n after\n
\n including\n\n ;\n\t\t\t and\n
\n ; and\n\n ; and\n
\n is closest to the\n\t\t\t home of the enrollee, except that the\n\n and inserting\n
\n offers the\n\t\t\t type of career and technical education and training selected by the individual\n\t\t\t and, among the centers that offer such education and training, is closest to\n\t\t\t the home of the individual. The\n\n ;\n
\n that offers the career and technical education and training\n\t\t\t desired by\n\n after\n
\n home of the enrollee\n\n .\n
\n vocational\n\n both places it appears and\n\t\t\t inserting\n
\n career and technical\n\n ; and\n
\n subsections (c) and (d) of section 303 of the Federal Property and\n\t\t\t Administrative Services Act of 1949 (\n\n and inserting\n\n 41 U.S.C. 253\n \n )\n
\n subsections (a) and (b) of\n\t\t\t section\n\t\t\t 3304 of title 41, United States Code\n\n ; and\n
\n industry council\n\n and inserting\n
\n workforce\n\t\t\t council\n\n ;\n
\n is familiar with the surrounding communities,\n\t\t\t applicable\n\n and inserting\n
\n demonstrates relationships with the\n\t\t\t surrounding communities, employers, workforce boards,\n\n and by striking\n
\n and\n\n at the end;\n
\n , as appropriate\n\n ;\n
\n In any year, no more than 20 percent of the individuals\n\t\t\t enrolled in the Job Corps may be nonresidential participants in the Job\n\t\t\t Corps.\n\n ;\n
\n\n and inserting\n\n Education and Vocational\n \n
\n\n ;\n\n Academic and Career and\n\t\t\t Technical Education and\n \n
\n may\n\n after\n
\n The Secretary\n\n and inserting\n
\n shall\n\n ; and\n
\n vocational\n\n each place it appears and inserting\n
\n career and\n\t\t\t technical\n\n ; and\n
\n vocational\n\n and inserting\n
\n career and technical\n\t\t\t education and\n\n ;\n
\n make every effort to arrange to\n\n ; and\n
\n\n and inserting\n\n Operating\n\t\t\t plan\n \n .\n
\n\n ;\n\n Operations\n \n .\n
\n\n and inserting\n\n In\n\t\t\t General.\n \n —\n
\n\n ;\n\n Operating\n\t\t\t Plan.\n \n —\n
\n\n after\n\n of Operating\n\t\t\t Plan\n \n
\n\n ; and\n\n Availability\n \n
\n subsections (a) and (b)\n\n and inserting\n
\n subsection\n\t\t\t (a)\n\n ; and\n
\n title II of the\n\t\t\t Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et\n\t\t\t seq.)\n\n and inserting\n
\n chapter of 5 title 40,\n\t\t\t United States Code,\n\n .\n
\n\n and inserting\n\n Management Information\n \n
\n\n ;\n\n Performance Accountability\n\t\t\t and Management\n \n
\n , or\n\t\t\t operating costs for such centers result in a budgetary shortfall\n\n ;\n
\n the training of staff providing rapid response services, the training of\n\t\t\t other staff of recipients of funds under this title, assistance regarding\n\t\t\t accounting and program operation practices (when such assistance would not be\n\t\t\t duplicative to assistance provided by the State), technical assistance to\n\t\t\t States that do not meet State performance measures described in section\n\t\t\t 136,\n\n after\n
\n localities,\n\n ; and\n
\n from carrying out activities\n\n and all that follows up to the\n\t\t\t period and inserting\n
\n to implement the amendments made by the SKILLS\n\t\t\t Act\n\n ;\n
\n paragraph (1)\n\n and inserting\n
\n subsection\n\t\t\t (a)\n\n ;\n
\n , or recipient of financial assistance under any of sections 166 through\n\t\t\t 169,\n\n ; and\n
\n or grant recipient\n\n ;\n
\n paragraph (1)\n\n and inserting\n
\n subsection (a)\n\n ; and\n
\n the Secretary shall provide for the continuing evaluation of\n\t\t\t the programs and activities, including those programs and activities carried\n\t\t\t out under section 171\n\n and inserting\n
\n the Secretary, through\n\t\t\t grants, contracts, or cooperative agreements, shall conduct, at least once\n\t\t\t every 5 years, an independent evaluation of the programs and activities funded\n\t\t\t under this Act\n\n ;\n
\n the Committee on Labor and Human Resources of the\n\t\t\t Senate\n\n and inserting\n
\n the Committee on Health, Education, Labor,\n\t\t\t and Pensions of the Senate\n\n ;\n
\n , including representatives of businesses and of\n\t\t\t labor organizations\n\n ;\n
\n shall\n\n and inserting\n
\n may\n\n ;\n
\n training for\n\n and inserting\n
\n the entry into employment,\n\t\t\t retention in employment, or increases in earnings of\n\n ; and\n
\n subtitle B\n\n and inserting\n
\n this Act\n\n ;\n
\n 134(a)(3)(B)\n\n and inserting\n
\n 134(a)(6)\n\n ; and\n
\n Administration\n\n ) shall administer all\n\t\t\t\tprograms authorized under title I and III of this Act. The Administration shall\n\t\t\t\tbe headed by an Assistant Secretary appointed by the President by and with the\n\t\t\t\tadvice and consent of the Senate. Except for titles II and IV, the\n\t\t\t\tAdministration shall be the principal agency, and the Assistant Secretary shall\n\t\t\t\tbe the principal officer, of such Department for carrying out this Act.\n
\n 127 or\n\n ; and\n
\n sections 128 and 133\n\n and inserting\n
\n section 133\n\n ;\n\t\t\t and\n
\n 127 or\n\n .\n
\n (A)\n\n and all that follows through\n
\n Each\n\n and\n\t\t\t inserting\n
\n Each\n\n ; and\n
\n and\n\n after the semicolon;\n
\n ; and\n\n ; and\n
\n and the Secretary shall submit to the Committee on\n\t\t\t Education and the Workforce of the House of Representatives and the Committee\n\t\t\t on Health, Education, Labor, and Pensions of the Senate,\n\n after\n
\n Secretary,\n\n .\n
\n each State\n\n and inserting\n
\n each recipient\n\n ;\n\t\t\t and\n
\n 171 or\n\n ;\n
\n requirements of subparagraph (B)\n\n and all that follows\n\t\t\t through\n
\n any of the statutory or regulatory requirements of subtitle\n\t\t\t B\n\n and inserting\n
\n requirements of subparagraph (B) or (D), any of\n\t\t\t the statutory or regulatory requirements of subtitle B\n\n ;\n
\n ; and\n\n and inserting a period at the end;\n\t\t\t and\n
\n consistent with the provisions of this title\n\n and inserting\n
\n consistent with State law and the provisions of this title\n\n ;\n\t\t\t and\n
\n consistent with the terms and conditions required under this\n\t\t\t title\n\n and inserting\n
\n consistent with State law and the terms and\n\t\t\t conditions required under this title\n\n .\n
\n participant\n\n includes any State, local area, or\n\t\t\t\tgovernmental, nonprofit, or for-profit entity receiving funds under this\n\t\t\t\tAct.\n
\n\n or the\n\n Supporting Knowledge and Investing in Lifelong Skills Act\n \n
\n\n .\n\n SKILLS Act\n \n
\n\n .\n\n Smarter Than Sequester Defense\n\t\t\t Spending Reduction Act\n \n
\n\n .\n\n Quality Improvement Organization\n\t\t\t Program Restoration Act\n \n
\n Expenses incurred\n\n and inserting\n
\n\n ; and\n\n \n Expenses\n\t\t\t incurred\n\n (a)\n \n
\n\n .\n\n Full Faith and Credit Act\n \n
\n\n .\n\n Full Faith and Credit\n\t\t\t Act\n \n
\n to prepare plans for\n\t\t\t improving and managing receipts of the United States Government and managing\n\t\t\t the public debt\n\n .\n
\n support of the public credit\n\n and\n
\n managing the public debt\n\n the Secretary shall take all\n\t\t\t necessary actions to ensure all obligations of the United States Government\n\t\t\t with regard to debt held by the public are fully discharged when due.\n
\n\n .\n\n Full Faith and Credit\n\t\t\t Act\n \n
\n\n .\n\n Full Faith and Credit\n\t\t\t Act\n \n
\n to prepare plans for\n\t\t\t improving and managing receipts of the United States Government and managing\n\t\t\t the public debt\n\n .\n
\n support of the public credit\n\n and\n
\n managing the public debt\n\n the Secretary shall take all\n\t\t\t necessary actions to ensure all obligations of the United States Government\n\t\t\t with regard to debt held by the public are fully discharged when due.\n
\n Full\n\t\t\t Faith and Credit Act\n\n .\n
\n\n .\n\n Department of Peacebuilding Act\n\t\t\t of 2013\n \n
\n We hold these\n\t\t\t truths to be self-evident, that all Men are created equal, that they are\n\t\t\t endowed by their Creator with certain unalienable rights, that among these are\n\t\t\t Life, Liberty and the Pursuit of Happiness.\n\n
\n We the People of the United\n\t\t\t States, in Order to Form a more perfect Union, establish Justice, insure\n\t\t\t domestic Tranquility, provide for the common defence, promote the general\n\t\t\t Welfare, and secure the Blessings of Liberty to ourselves and our\n\t\t\t Posterity\n\n .\n
\n To move forward we\n\t\t\t must recognize that in the midst of a magnificent diversity of cultures and\n\t\t\t life forms we are one human family and one Earth community with a common\n\t\t\t destiny. We must join together to bring forth a sustainable global society\n\t\t\t founded on respect for nature, universal human rights, economic justice, and a\n\t\t\t culture of peace.\n\n Peacebuilding is working together with all nations to\n\t\t\t protect both life and land and hold the Earth in balance.\n
\n\n .\n\n Field EMS Quality, Innovation,\n\t\t\t and Cost Effectiveness Improvements Act of 2013\n \n
\n The\n\t\t\t Future of Emergency Care in the United Health System\n\n , and the National\n\t\t\t EMS Education Agenda for the Future: A Systems Approach and recommendations by\n\t\t\t the National EMS Workforce Injury and Illness Surveillance Program, the\n\t\t\t Department of Transportation’s National EMS Advisory Council (NEMSAC), and the\n\t\t\t Federal Interagency Committee on Emergency Medical Services (FICEMS).\n
\n Emergency Medical Services Education Agenda for the Future: A Systems\n\t\t\t Approach\n\n and any revisions thereto, including the standardization of\n\t\t\t licensing and credentialing of field EMS practitioners and standards of care,\n\t\t\t based on best practices and evidence-based medicine, including by—\n
\n Director\n\n ), shall establish the EQUIP\n\t\t\t grant program—\n
\n Director\n\n ) shall establish the SPIA\n\t\t\t grant program—\n
\n Director\n\n )\n\t\t\t shall—\n
\n Director\n\n ) may make grants to eligible\n\t\t\t entities for the development, availability, and dissemination of field EMS\n\t\t\t education programs and courses that improve the quality and capability of field\n\t\t\t EMS personnel. In carrying out this section, the Director shall take into\n\t\t\t consideration input from the Administrator of NHTSA, FICEMS, NEMSAC, the\n\t\t\t National Health Care Workforce Commission established under section 5101 of the\n\t\t\t Patient Protection and Affordable Care Act (\n
\n Emergency Medical Services Education Agenda for the Future: A Systems\n\t\t\t Approach\n\n including any revisions thereto;\n
\n Director\n\n ), and taking into\n\t\t\t consideration the recommendations of NEMSAC and FICEMS, shall complete an\n\t\t\t evaluation of—\n
\n EMTALA\n\n )\n\t\t\t associated with transport to destinations other than a hospital emergency\n\t\t\t department.\n
\n section 1181\n\n each\n\t\t\t place it appears and inserting\n
\n section 1181 of this Act or section\n\t\t\t 498D(c) or 938 of the Public Health Service Act\n\n .\n
\n Emergency Medical Services Trust\n\t\t\t\tFund\n\n , consisting of such amounts as may be credited or paid to such\n\t\t\t\ttrust fund as provided in section 6097.\n
\n Part IX. Designation of income tax\n\t\t\t\toverpayments and additional contributions for emergency medical\n\t\t\t\tservices.\n\n .\n
\n a\n\t\t\t balanced, complete package\n\n that keeps the American military the\n\t\t\t preeminent force in the world.\n
\n\n .\n\n Never Forget 9/11 Heroes\n\t\t\t Act\n \n
\n\n .\n\n Campus Sexual Violence Elimination\n\t\t\t Act\n \n
\n , when the victim of such crime elects\n\t\t\t or is unable to make such a report.\n\n ; and\n
\n and\n\n after the semicolon;\n
\n sexual\n\t\t\t orientation\n\n and inserting\n
\n national origin, sexual orientation,\n\t\t\t gender identity,\n\n ; and\n
\n ; and\n\n ; and\n
\n ,\n\t\t\t that withholds the names of victims as confidential,\n\n after\n
\n that\n\t\t\t is timely\n\n ;\n
\n paragraph (1)(F)\n\n and inserting\n
\n clauses (i) and (ii) of paragraph (1)(F)\n\n ;\n\t\t\t and\n
\n Hate Crime\n\t\t\t Statistics Act.\n\n the following:\n
\n For the offenses of domestic\n\t\t\t violence, dating violence, and stalking, such statistics shall be compiled in\n\t\t\t accordance with the definitions used in section 40002(a) of the Violence\n\t\t\t Against Women Act of 1994 (\n\n ;\n\n 42 U.S.C. 13925(a)\n \n ).\n
\n The\n\t\t\t Secretary\n\n and inserting\n
\n The Secretary, in consultation with the\n\t\t\t Attorney General of the United States,\n\n ;\n
\n Putting\n\t\t\t Veterans Funding First Act of 2013\n\n .\n
\n medical care accounts of the Department\n\n each place it appears\n\t\t\t and inserting\n
\n discretionary accounts of the Department\n\n ;\n
\n medical care accounts of the Veterans Health Administration, Department\n\t\t\t of Veterans Affairs account\n\n and inserting\n
\n accounts of the\n\t\t\t Department of Veterans Affairs account\n\n ;\n
\n Veterans Health Administration,\n\n after\n
\n (1)\n\n ;\n
\n Veterans Health Administration,\n\n after\n
\n (2)\n\n ;\n
\n Veterans Health Administration,\n\n after\n
\n (3)\n\n ;\n
\n\n and inserting\n\n Medical care accounts\n \n
\n\n ; and\n\n Discretionary\n\t\t\t accounts\n \n
\n\n and inserting\n\n certain\n\t\t\t medical care accounts\n \n
\n\n .\n\n certain discretionary\n\t\t\t accounts\n \n
\n\n .\n\n Putting Veterans Funding First Act of 2013\n \n
\n medical care accounts of the Department\n\n each place it appears and inserting\n
\n discretionary accounts of the Department\n\n ;\n
\n medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account\n\n and inserting\n
\n accounts of the Department of Veterans Affairs account\n\n ;\n
\n Veterans Health Administration,\n\n after\n
\n (1)\n\n ;\n
\n Veterans Health Administration,\n\n after\n
\n (2)\n\n ;\n
\n Veterans Health Administration,\n\n after\n
\n (3)\n\n ;\n
\n\n and inserting\n\n Medical care accounts\n \n
\n\n ; and\n\n Discretionary accounts\n \n
\n\n and inserting\n\n certain medical care accounts\n \n
\n\n .\n\n certain discretionary accounts\n \n
\n\n .\n\n Putting Veterans Funding First Act of 2013\n \n
\n Budgetary Effects of PAYGO Legislation\n\n for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.\n
\n medical care accounts of the Department\n\n each place it appears and inserting\n
\n discretionary accounts of the Department\n\n ;\n
\n medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account\n\n and inserting\n
\n accounts of the Department of Veterans Affairs account\n\n ;\n
\n Veterans Health Administration,\n\n after\n
\n (1)\n\n ;\n
\n Veterans Health Administration,\n\n after\n
\n (2)\n\n ;\n
\n Veterans Health Administration,\n\n after\n
\n (3)\n\n ;\n
\n\n and inserting\n\n Medical care accounts\n \n
\n\n ; and\n\n Discretionary accounts\n \n
\n\n and inserting\n\n certain medical care accounts\n \n
\n\n .\n\n certain discretionary accounts\n \n
\n medical care accounts of the Department of Veterans Affairs\n\n means the following medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account:\n
\n A bill to amend title 38, United States Code, to provide for advance appropriations for certain discretionary accounts of the Department of Veterans Affairs, to direct the Secretary of Veterans Affairs to submit to Congress a Future-Years Veterans Program and a quadrennial veterans review, to establish in the Department of Veterans Affairs a Chief Strategy Officer, and for other purposes.\n\n .\n
\n\n or the\n\n Rewriting to Improve and Secure an\n\t\t\t Exit Out of Poverty Act\n \n
\n\n .\n\n RISE Out of Poverty Act\n \n
\n ,\n\t\t\t including whether and how the State will give priority to providing benefits\n\t\t\t and services in areas of the State with the greatest need (such as areas with\n\t\t\t the greatest unemployment rates, the greatest poverty rates, and the least job\n\t\t\t opportunity to population ratios)\n\n before the period.\n
\n fiscal years 1996,\n\n and all that follows through\n
\n 2003,\n\n and inserting\n
\n fiscal year 2013 and each succeeding\n\t\t\t fiscal year\n\n ; and\n
\n the inflation-adjusted\n\n before\n
\n historic\n\t\t\t State expenditures\n\n ; and\n
\n (10), (12), or (13)\n\n and inserting\n
\n (11), or (12)\n\n .\n
\n needy State (as defined in section\n\t\t\t 403(b)(6))\n\n and inserting\n
\n economically needy entity (as defined\n\t\t\t in section 403(b)(3)(A))\n\n .\n
\n 403(b),\n\n before\n
\n 406,\n\n .\n
\n 403(a)(3),\n\n after\n
\n 403(a)(2),\n\n .\n
\n , and families that include an individual participating in subsidized\n\t\t\t employment funded with Federal funds or qualified State expenditures (as so\n\t\t\t defined)\n\n before the colon.\n
\n fiscal year 2012\n\n and inserting\n
\n each\n\t\t\t fiscal year\n\n ; and\n
\n fiscal year 2012\n\n and inserting\n
\n each fiscal\n\t\t\t year\n\n .\n
\n fiscal year 2012\n\n and inserting\n
\n each\n\t\t\t fiscal year\n\n .\n
\n section 403(a)(1) (to the extent exceeding the\n\t\t\t amount required to be so paid to the territory for fiscal year 2011),\n\n before\n
\n 403(a)(2)\n\n ; and\n
\n fiscal year 2012\n\n and inserting\n
\n each fiscal\n\t\t\t year\n\n .\n
\n (not to exceed 12 months\n\t\t\t with respect to any individual)\n\n .\n
\n (which, at the option of the recipient, shall be conducted by trained\n\t\t\t personnel with respect to barriers to employment specified by the\n\t\t\t recipient)\n\n after\n
\n assessment\n\n ; and\n
\n and employability\n\n and inserting\n
\n employability, physical\n\t\t\t and mental impairments, English proficiency, child care needs, and whether the\n\t\t\t recipient is a victim of domestic or sexual violence,\n\n .\n
\n may\n\n and inserting\n
\n shall\n\n ;\n
\n , supports,\n\n after\n
\n counseling\n\n ;\n\t\t\t and\n
\n and\n\n at the end;\n
\n ; and\n\n ; and\n
\n individual—\n\n and all that follows and inserting\n
\n individual\n\t\t\t within 90 days after the individual is determined eligible for the\n\t\t\t assistance.\n\n .\n
\n , and will notify applicants\n\t\t\t and recipients of assistance under the program of the rights of individuals\n\t\t\t under all laws applicable to program activities and of all potential benefits\n\t\t\t and services available under the program\n\n before the period.\n
\n shall—\n\n and all that follows through subparagraph (B)\n\t\t\t and inserting\n
\n shall reduce the amount of assistance otherwise payable to\n\t\t\t the family pro rata with respect to any period during a month in which the\n\t\t\t individual so refuses,\n\n ; and\n
\n may establish\n\n and inserting the following\n
\n shall\n\t\t\t establish, which shall include the decline of an offer of employment at a wage\n\t\t\t less than the greater of the applicable Federal or State minimum wage, or 80\n\t\t\t percent of the wage that would have governed had the minimum hourly rate under\n\t\t\t the Fair Labor Standards Act been applicable to the offer of employment, at a\n\t\t\t site subject to a strike or lockout at the time of refusal, or for medical\n\t\t\t reasons or a lack of sufficient physical strength or stamina\n\n .\n
\n refusal\n\n and all that follows and inserting\n
\n State—\n\n and all that follows and inserting\n
\n State shall deduct from the assistance that would otherwise be provided\n\t\t\t to the family of the individual under the State program funded under this part\n\t\t\t an amount equal to 25 percent of the amount of the assistance.\n\n .\n
\n\n and inserting\n\n No\n\t\t\t assistance for more than 5 years\n \n
\n\n ;\n\n Durational limits on\n\t\t\t assistance\n \n
\n\n and\n\t\t\t inserting\n\n In general\n \n
\n\n ; and\n\n No assistance\n\t\t\t for more than 5 years\n \n
\n\n and inserting\n\n 5-year limit\n \n
\n\n .\n\n rules governing durational\n\t\t\t limits\n \n
\n Efforts in\n\t\t\t\tState TANF Programs to Promote and Support Employment for Individuals with\n\t\t\t\tDisabilities\n\n , that includes information on State efforts to engage\n\t\t\t\tindividuals with disabilities in work activities during the preceding fiscal\n\t\t\t\tyear. The report shall include the following information:\n
\n\n ;\n\n Certification of standards and procedures regarding domestic and\n\t\t\t sexual violence\n \n
\n\n after\n\n or sexual\n \n
\n\n ; and\n\n Domestic\n \n
\n or sexual\n\n after\n
\n domestic\n\n .\n
\n the lesser of the State's\n\t\t\t allotment under subparagraph (B) or\n\n ; and\n
\n (2)(C)\n\n and inserting\n
\n (2)(B)\n\n .\n
\n Subject to the amount appropriated under paragraph (3),\n\t\t\t each\n\n and inserting\n
\n Each\n\n ; and\n
\n appropriated—\n\n and all that follows and inserting\n
\n appropriated such sums as are necessary to carry out this section for\n\t\t\t each fiscal year.\n\n .\n
\n except to the extent that such a\n\t\t\t requirement or limitation would interfere with the provision of child care\n\t\t\t services required by subsection (b)(2)\n\n before the period.\n
\n section 408(a)(3)\n\n the following:\n
\n (as in effect before the effective date of the amendments\n\t\t\t made by section 10(a) of the Rewriting to Improve and Secure an Exit Out of\n\t\t\t Poverty Act took effect)\n\n :\n
\n means—\n\n and all that follows through\n
\n (B) foster\n\n and inserting\n
\n means foster\n\n ; and\n
\n is collected on behalf of a child described in section 457(f) or\n\n after\n
\n involved\n\n ; and\n
\n A or\n\n .\n
\n or\n\n at the end of subparagraph (A);\n
\n ; or\n\n ;\n\t\t\t and\n
\n\n and inserting\n\n assistance and\n \n
\n\n ;\n\n supplemental nutrition\n\t\t\t assistance\n \n
\n for—\n\n and all that follows through\n
\n (2)\n\t\t\t benefits\n\n and inserting\n
\n for benefits\n\n ;\n
\n The amount of benefits\n\n and inserting the\n\t\t\t following:\n
\n assistance or\n\n ; and\n
\n it—\n\n and all that follows through\n
\n in section\n\t\t\t 3(s)\n\n and inserting\n
\n it in section 3(s)\n\n .\n
\n 408(a)(7)(C)(iii)\n\n and inserting\n
\n 408(a)(4)(C)(iii)\n\n .\n
\n 408(a)(7)(C)\n\n and inserting\n
\n 408(a)(4)(C)\n\n .\n
\n 408(a)(7)\n\n and inserting\n
\n 408(a)(4)\n\n .\n
\n 408(a)(7)\n\n and inserting\n
\n 408(a)(4)\n\n .\n
\n 408(a)(7)\n\n and\n\t\t\t inserting\n
\n 408(a)(4)\n\n .\n
\n 408(a)(13)\n\n and inserting\n
\n 408(a)(10)\n\n .\n
\n 408(a)(14)\n\n and inserting\n
\n 408(a)(11)\n\n .\n
\n 408(a)(15)\n\n and inserting\n
\n 408(a)(12)\n\n .\n
\n 408(a)(16)\n\n and inserting\n
\n 408(a)(13)\n\n .\n
\n 408(a)(17)\n\n and inserting\n
\n 408(a)(14)\n\n .\n
\n 408(a)(18)\n\n and inserting\n
\n 408(a)(15)\n\n .\n
\n 408(a)(19)\n\n and inserting\n
\n 408(a)(16)\n\n .\n
\n 408(a)(20)\n\n and inserting\n
\n 408(a)(17)\n\n .\n
\n 408(a)(7)\n\n and inserting\n
\n 408(a)(7)(A)\n\n .\n
\n increased-wage exempt-dividend\n\n means any dividend properly designated as an increased-wage exempt-dividend\n\t\t\t\tunder subparagraph (B).\n
\n increased-wage partnership\n\t\t\t\tdistribution\n\n means any cash distribution from the partnership to a\n\t\t\t\tpartner which is properly designated as an increased-wage partnership\n\t\t\t\tdistribution under subparagraph (B).\n
\n wage increase amount\n\n means, with\n\t\t\t\trespect to any corporation or partnership for any taxable year, the sum\n\t\t\t\tof—\n
\n qualified wages\n\n has the meaning\n\t\t\t\twhich would be given such term by section 3121(a) if paragraph (1) thereof were\n\t\t\t\tapplied by treating the contribution and benefit base as being equal to\n\t\t\t\t$50,000.\n
\n small\n\t\t\t\tbusiness concern\n\n has the meaning given such term by section 3 of the\n\t\t\t\tSmall Business\n\t\t\t\tAct.\n
\n and\n\n at the\n\t\t\t end of subclause (II), by striking the period at the end of subclause (III) and\n\t\t\t inserting\n
\n , and\n\n , and by adding at the end the following new\n\t\t\t subclause:\n
\n\n .\n\n Sequestration Flexibility Act of\n\t\t\t 2013\n \n
\n\n .\n\n Department of Justice Global Advisory\n\t\t\t Committee Authorization Act of 2013\n \n
\n\n .\n\n Healthy Forest Management and Wildfire Prevention\n\t\t\t Act\n \n
\n emergency\n\t\t\t hazardous fuels reduction project\n\n means a project or activity carried\n\t\t\t out in a high-risk area to address the bark beetle epidemic, drought, or\n\t\t\t deteriorating forest health conditions and the resulting imminent risk of\n\t\t\t devastating wildfires.\n
\n high-risk area\n\n means an area of\n\t\t\t National Forest System land or public lands identified under section 4 as an\n\t\t\t area suffering from the bark beetle epidemic, drought, or deteriorating forest\n\t\t\t health conditions, with the resulting imminent risk of devastating wildfires,\n\t\t\t or otherwise at high risk for bark beetle infestation, drought, or\n\t\t\t wildfire.\n
\n National Forest System\n\n has the\n\t\t\t meaning given that term in section 11(a) of the Forest and Rangeland Renewable\n\t\t\t Resources Planning Act of 1974 (\n
\n public lands\n\n has the meaning given\n\t\t\t that term in section 103(e) of the Federal Land Policy and Management Act of\n\t\t\t 1976 (\n
\n Secretary concerned\n\n means—\n
\n State\n\n means any of the several States containing National Forest\n\t\t\t System land or public lands. The term includes the Commonwealth of Puerto\n\t\t\t Rico.\n
\n imminent threat\n\n within the meaning\n\t\t\t of\n
\n 2013\n\n and inserting\n
\n 2017\n\n .\n
\n 10 years\n\n and inserting\n
\n 20 years\n\n .\n
\n\n .\n\n Preserving Access to Cape Hatteras\n\t\t\t National Seashore Recreational Area Act\n \n
\n Secretary\n\n ) issues a new final rule that meets the requirements\n\t\t\t set forth in section 3.\n
\n Special Regulations, Areas of the National Park System, Cape Hatteras\n\t\t\t National Seashore—Off-Road Vehicle Management\n\n (77 Fed. Reg. 3123–3144)\n\t\t\t shall have no force or effect after the date of the enactment of this\n\t\t\t Act.\n
\n\n .\n\n Preserving Access to Cape Hatteras\n\t\t\t National Seashore Recreational Area Act\n \n
\n Secretary\n\n ) issues a new final rule that meets the requirements\n\t\t\t set forth in section 3.\n
\n Special Regulations, Areas of the National Park System, Cape Hatteras\n\t\t\t National Seashore—Off-Road Vehicle Management\n\n (77 Fed. Reg. 3123–3144)\n\t\t\t shall have no force or effect after the date of the enactment of this\n\t\t\t Act.\n
\n\n .\n\n Delivering Antimicrobial Transparency\n\t\t\t in Animals Act of 2013\n \n
\n New Animal Drugs and\n\t\t\t New Animal Drug Combination Products Administered in or on Medicated Feed or\n\t\t\t Drinking Water of Food-Producing Animals: Recommendations for Drug Sponsors for\n\t\t\t Voluntarily Aligning Product Use Conditions with GFI #209\n\n .\n
\n December 31, 2014\n\n and inserting\n
\n December 31, 2017\n\n ; and\n
\n January 1, 2015\n\n and inserting\n
\n January 1, 2018\n\n .\n
\n\n .\n\n Teaching Geography is Fundamental\n\t\t\t Act\n \n
\n core academic subjects\n\n defined under the Elementary and\n\t\t\t\tSecondary Education Act.\n
\n grantee\n\n ) that has as its primary purpose the improvement of the\n\t\t\t\tquality of student understanding of geography through effective teaching of\n\t\t\t\tgeography in the Nation’s classrooms.\n
\n\n .\n\n Space Leadership Preservation Act of\n\t\t\t 2013\n \n
\n\n and\n\t\t\t inserting\n\n Administrator.—\n \n There is established\n
\n The\n\t\t\t Administrator shall serve for a term of 6 years.\n\n after\n
\n and\n\t\t\t activities thereof.\n\n ; and\n
\n\n and\n\t\t\t inserting\n\n Administrator.—\n \n There shall be\n
\n The Deputy\n\t\t\t Administrator shall not act for, and exercise the powers of, the Administrator\n\t\t\t for a period in excess of 45 days. After 45 days, the Associate Administrator\n\t\t\t shall exercise the powers of Administrator until a new Administrator is\n\t\t\t appointed and confirmed by the Senate.\n\n after\n
\n absence or\n\t\t\t disability.\n\n ; and\n
\n\n and inserting\n\n Contracts regarding expendable launch\n\t\t\t vehicles\n \n
\n\n ;\n\n Long term\n\t\t\t contracting\n \n
\n expendable launch vehicle services\n\n and inserting\n
\n rocket\n\t\t\t propulsion systems and manned and unmanned space transportation vehicles and\n\t\t\t payloads, including expendable launch vehicles, and any other infrastructure\n\t\t\t intended for placement or operation in space or on celestial bodies, and\n\t\t\t services related thereto,\n\n ; and\n
\n related to launch\n\n and inserting\n
\n related to\n\n ;\n\t\t\t and\n
\n launch services\n\n and inserting\n
\n the goods and\n\t\t\t services to have been provided under the contract\n\n .\n
\n\n .\n\n Federal Workforce Reduction Through\n\t\t\t Attrition Act\n \n
\n applicable\n\t\t\t maximum\n\n for a quarter is—\n
\n\n .\n\n Vulnerable Veterans Housing Reform Act\n\t\t\t of 2013\n \n
\n and any amounts\n\n and inserting\n
\n , any\n\t\t\t amounts\n\n ;\n
\n or any deferred\n\n and inserting\n
\n , any deferred\n\n ;\n\t\t\t and\n
\n prospective monthly amounts\n\n the following:\n
\n , and any\n\t\t\t expenses related to aid and attendance as detailed under section 1521 of title\n\t\t\t 38, United States Code\n\n .\n
\n\n .\n\n Freedom to Fish Act of 2013\n \n
\n\n or the\n\n Improving Security for Investors and Providing Closure Act of 2013\n \n
\n\n .\n\n Improving SIPC Act of 2013\n \n
\n debtor\n\n means the broker or dealer that is the subject of the action brought under subsection (b).\n
\n\n .\n\n Decrease Spending Now Act\n \n
\n Illabot Creek Proposed WSR-Northern\n\t\t\t\tTerminus\n\n , dated September 15, 2009, to be administered by the Secretary\n\t\t\t\tof Agriculture as follows:\n
\n Illabot Creek Proposed\n\t\t\t\tWSR-Northern Terminus\n\n , dated September 15, 2009, as a recreational\n\t\t\t\triver.\n
\n Illabot Creek Proposed WSR-Northern Terminus\n\n , dated September 15, 2009, to be administered by the Secretary of Agriculture as follows:\n
\n Illabot Creek Proposed WSR-Northern Terminus\n\n , dated September 15, 2009, as a recreational river.\n
\n\n or as the\n\n Secure America Through Verification and Enforcement Act of\n\t\t\t 2013\n \n
\n\n .\n\n SAVE Act of 2013\n \n
\n\n .\n\n Fair Wages for Workers with Disabilities Act of 2013\n \n
\n All NIB associated agencies are committed to the NIB Board policy to pay employees, whose only disability is blindness, at or above the Federal minimum wage or their state minimum wage, whichever is highest.\n\n
\n Stronger Federal Efforts Needed for Providing Employment Opportunities and Enforcing Labor Standards in Sheltered Workshops, Report to the Congress, Comptroller General of the United States\n\n (HRD–81–99) and\n
\n Report to Congressional Requesters, Special Wage Program: Centers Offer Employment and Support Services to Workers With Disabilities, But Labor Should Improve Oversight\n\n (GAO–01–886)—explain that due to lack of capacity, training, and resources, the Wage and Hour Division is incapable of enforcing compliance with the subminimum wage provision. Furthermore, the significant appropriation that would be required to improve oversight of the regulation would be better spent improving employment outcomes for people with disabilities.\n
\n\n .\n\n Lower Rio Grande Valley Water\n\t\t\t Resources Conservation and Improvement Act of\n\t\t\t 2013\n \n
\n for projects\n\t\t\t referred to in paragraphs (1) through (19) of subsection (a), and $45,389,954\n\t\t\t for projects referred to in paragraphs (20) through (36) of subsection\n\t\t\t (a)\n\n .\n
\n displayed, not lower than that immediately following the bronze star.\n\n and inserting the following:\n
\n\n or the\n\n Veterans’ Efficiencies Through Savings\n\t\t\t Act of 2013\n \n
\n\n .\n\n VETS Act of 2013\n \n
\n\n .\n\n Energy Assistance for American\n\t\t\t Families Act\n \n
\n 2001, and\n\n and inserting\n
\n 2001,\n\n ; and\n
\n 2007\n\n the following:\n
\n , and $7,600,000,000 for each of\n\t\t\t fiscal years 2014 through 2018. Notwithstanding section 2605(b)(2)(B)(ii), a\n\t\t\t State may use any allotment from funds appropriated under this subsection for\n\t\t\t fiscal years 2014 through 2018 to provide assistance to households whose income\n\t\t\t does not exceed 75 percent of the State median income\n\n .\n
\n\n .\n\n Sunshine on Conflicts Act of\n\t\t\t 2013\n \n
\n\n .\n\n Savings for American Families’ Future\n\t\t\t Act of 2013\n \n
\n calendar year\n\t\t\t\t2013\n\n for\n
\n calendar year 1992\n\n in subparagraph (B)\n\t\t\t\tthereof.\n
\n 36C,\n\n after\n
\n 36B,\n\n .\n
\n 36C,\n\n after\n
\n 36B,\n\n .\n
\n calendar year 2022\n\n for\n
\n calendar year 1992\n\n in\n\t\t\t\tsubparagraph (B) thereof.\n
\n\n .\n\n Racial Profiling Prevention\n\t\t\t Act\n \n
\n\n .\n\n Prompt Notification of Short Sales Act\n \n
\n , except that the United States Virgin Islands,\n\t\t\t American Samoa, Guam, the District of Columbia, Puerto Rico, and the\n\t\t\t Commonwealth of the Northern Mariana Islands shall each be allocated 0.125\n\t\t\t percent of the total appropriations\n\n ; and\n
\n An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes,\n\n approved September 9, 1988 (\n
\n Subject to valid\n\n and inserting the following:\n
\n in subsection (a) are approximately 10,311.60\n\n and inserting\n
\n in subsection (a)(1) are approximately 11,349.92\n\n ; and\n
\n 240\n\n and inserting\n
\n 241.06\n\n ; and\n
\n An Act to establish a reservation for the Confederated\n\t\t\t Tribes of the Grand Ronde Community of Oregon, and for other purposes,\n\n approved September 9, 1988 (\n
\n Subject to valid\n\n and inserting the following:\n
\n in subsection (a) are approximately\n\t\t\t 10,311.60\n\n and inserting\n
\n in subsection (a)(1) are approximately\n\t\t\t 11,274.19\n\n ; and\n
\n 240\n\n and inserting\n
\n 241.06\n\n ; and\n
\n An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes,\n\n approved September 9, 1988 (\n
\n Subject to valid\n\n and inserting the following:\n
\n in subsection (a) are approximately 10,311.60\n\n and inserting\n
\n in subsection (a)(1) are approximately 11,349.92\n\n ; and\n
\n 240\n\n and inserting\n
\n 241.06\n\n ; and\n
\n An Act to establish a reservation for the Confederated\n\t\t\t Tribes of the Grand Ronde Community of Oregon, and for other purposes,\n\n approved September 9, 1988 (\n
\n Subject to valid\n\n and inserting the following:\n
\n in subsection (a) are approximately\n\t\t\t 10,311.60\n\n and inserting\n
\n in subsection (a)(1) are approximately\n\t\t\t 11,274.19\n\n ; and\n
\n 240\n\n and inserting\n
\n 241.06\n\n ; and\n
\n\n .\n\n Functional Gastrointestinal and\n\t\t\t Motility Disorders Research Enhancement Act of\n\t\t\t 2013\n \n
\n Opportunities and Challenges\n\t\t\t in Digestive Diseases Research: Recommendations of the National Commission on\n\t\t\t Digestive Diseases\n\n .\n
\n\n .\n\n San Francisco Bay Restoration\n\t\t\t Act\n \n
\n\n .\n\n VetSuccess Enhancement\n\t\t\t Act\n \n
\n twelve-year period\n\n and inserting\n
\n 17-year period\n\n each place it appears.\n
\n\n .\n\n Saving High-Tech Innovators from Egregious Legal Disputes\n\t\t\t Act of 2013\n \n
\n\n .\n\n Diagnostic Imaging Services Access\n\t\t\t Protection Act of 2013\n \n
\n\n .\n\n Puppy Uniform Protection and Safety\n\t\t\t Act\n \n
\n research.\n\n and inserting\n
\n research;\n\n ;\n
\n members.\n\n and inserting\n
\n members;\n\n ;\n
\n section 13(b); and\n\n and inserting\n
\n section\n\t\t\t 13(b);\n\n ;\n
\n experimentation.\n\n and inserting\n
\n experimentation; and\n\n ; and\n
\n The Secretary\n\n and inserting\n
\n (a)\n\n ;\n\n In general\n \n .—The\n\t\t\t Secretary\n
\n (other than a high volume retail breeder)\n\n after\n
\n any\n\t\t\t retail pet store or other person\n\n ; and\n
\n\n .\n\n Armed Prohibited Persons Act of\n\t\t\t 2013\n \n
\n\n .\n\n Sequestration Relief Act of\n\t\t\t 2013\n \n
\n security category\n\n means discretionary\n\t\t\t\tappropriations associated with agency budgets for the Department of Defense,\n\t\t\t\tthe Department of Homeland Security, the Department of Veterans Affairs, the\n\t\t\t\tNational Nuclear Security Administration, the intelligence community management\n\t\t\t\taccount (95–0401–0–1–054), and all budget accounts in budget function 150\n\t\t\t\t(international affairs).\n
\n security category\n\n means discretionary appropriations in\n\t\t\t\tbudget function 050 (national\n\t\t\t\tdefense).\n
\n May 18, 2013\n\n and inserting\n
\n January 31,\n\t\t\t 2017\n\n ; and\n
\n May 19, 2013\n\n each place it appears and inserting\n
\n February 1, 2017\n\n .\n
\n\n .\n\n Nuclear Iran Prevention Act of 2013\n \n
\n\n .\n\n Nuclear Iran Prevention Act of\n\t\t\t 2013\n \n
\n\n .\n\n Nuclear Iran Prevention Act of\n\t\t\t 2013\n \n
\n\n .\n\n Nuclear Iran Prevention Act of 2013\n \n
\n\n .\n\n Bring Jobs Home\n\t\t\t Act\n \n
\n more than 50 percent\n\n for\n
\n at least 80\n\t\t\t\tpercent\n\n each place it appears in section 1504(a). A partnership or any\n\t\t\t\tother entity (other than a corporation) shall be treated as a member of an\n\t\t\t\texpanded affiliated group if such entity is controlled (within the meaning of\n\t\t\t\tsection 954(d)(3)) by members of such group (including any entity treated as a\n\t\t\t\tmember of such group by reason of this paragraph).\n
\n plus\n\n at the end of paragraph\n\t\t\t (35), by striking the period at the end of paragraph (36) and inserting\n
\n , plus\n\n , and by adding at the end the following new\n\t\t\t paragraph:\n
\n\n .\n\n Shirley Chisholm Congressional Gold\n\t\t\t Medal Act\n \n
\n Secretary\n\n ) shall strike a gold medal with suitable emblems,\n\t\t\t devices, and inscriptions, to be determined by the Secretary.\n
\n\n .\n\n Citrus Disease Research and\n\t\t\t Development Trust Fund Act of 2013\n \n
\n HLB\n\n or\n
\n citrus greening disease\n\n ) and imports\n\t\t\t increase in response to the shortfall in the United States;\n
\n citrus\n\n .\n
\n\n .\n\n Qods Force Terrorist Designation\n\t\t\t Act\n \n
\n the United States should designate Iran's Islamic\n\t\t\t Revolutionary Guards Corps as a foreign terrorist organization under section\n\t\t\t 219 of the Immigration and Nationality Act (\n\n .\n\n 8 U.S.C. 1189\n \n ) and place the\n\t\t\t Islamic Revolutionary Guards Corps on the list of Specially Designated Global\n\t\t\t Terrorists, as established under the International Emergency Economic Powers\n\t\t\t Act (\n\n 50 U.S.C. 1701 et seq.\n \n ) and initiated under Executive Order 13224\n\t\t\t (September 23, 2001)\n
\n\n .\n\n Optometric Equity in Medicaid\n\t\t\t Act\n \n
\n and\n\n before\n
\n (B)\n\n ; and\n
\n , and (C) medical and\n\t\t\t other health services (as defined in section 1861(s)) as authorized by State\n\t\t\t law, furnished by an optometrist (described in section 1861(r)(4)) to the\n\t\t\t extent such services may be performed under State law\n\n .\n
\n taxpayer identification number\n\n and inserting\n
\n social\n\t\t\t security number\n\n , and\n
\n , and the employer identification number of any institution to which\n\t\t\t qualified tuition and related expenses were paid with respect to such\n\t\t\t individual,\n\n after\n
\n such individual\n\n .\n
\n TIN\n\n and inserting\n
\n social\n\t\t\t security number and employer identification number\n\n .\n
\n\n .\n\n Protect Troops at War Act of\n\t\t\t 2013\n \n
\n If you want [your military]\n\t\t\t to be doing what it’s doing today, then we can’t give you another\n\t\t\t dollar.\n\n .\n
\n By the end of calendar year 2013, less than half of our ground\n\t\t\t units will be trained to the minimum readiness level required for\n\t\t\t deployment.\n\n . Sequestration, if left unchecked, will cost American\n\t\t\t lives. The hollow force experienced during the Korean War would be today’s\n\t\t\t reality.\n
\n congressional defense committees\n\n has the\n\t\t\t meaning given that term in\n
\n\n .\n\n Rural Housing Preservation Act of\n\t\t\t 2013\n \n
\n 1990 or 2000 decennial census shall continue to be so\n\t\t\t classified until the receipt of data from the decennial census in the year\n\t\t\t 2010\n\n and inserting\n
\n 1990, 2000, or 2010 decennial census shall\n\t\t\t continue to be so classified until the receipt of data from the decennial\n\t\t\t census in the year 2020\n\n .\n
\n\n or the\n\n Taxpayers’ Conference Overspending\n\t\t\t Prevention Act\n \n
\n\n .\n\n Taxpayers’ COP Act\n \n
\n Director\n\n means the Director of the Office of Management and\n\t\t\t Budget;\n
\n executive agency\n\n has the meaning given such term in section 105\n\t\t\t of title 5, United States Code; and\n
\n conference\n\n means a meeting, retreat, seminar, symposium, or\n\t\t\t event that—\n
\n\n .\n\n Biogas Investment Tax Credit Act of\n\t\t\t 2013\n \n
\n or\n\n at the end of clause (vi), by inserting\n
\n or\n\n at\n\t\t\t the end of clause (vii), and by adding at the end the following new\n\t\t\t clause:\n
\n and\n\n at\n\t\t\t the end of subclause (III) and by adding at the end the following new\n\t\t\t subclause:\n
\n , or a qualified biogas property (as defined in section\n\t\t\t 48(c)(5)),\n\n before\n
\n owned by\n\n .\n
\n\n .\n\n Elder Abuse Victims Act of\n\t\t\t 2013\n \n
\n (or the Attorney General's designee)\n\n and inserting\n
\n (or the Director of the Office of Elder Justice)\n\n .\n
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113-hr-785-ih-dtd | 113-hr-785 | 113 | hr | 785 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr785ih.xml | BILLS-113hr785ih.xml | 2023-01-08 17:37:52.847 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H01B50F80724A40979BF780EDEC0FE603" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 785 IH: Halt Index Trading of Energy Commodities (HITEC) Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-15
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 785
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="M000133">
Mr. Markey
</sponsor>
(for
himself,
<cosponsor name-id="D000216">
Ms. DeLauro
</cosponsor>
,
<cosponsor name-id="B001245">
Ms. Bordallo
</cosponsor>
,
<cosponsor name-id="B000911">
Ms. Brown of Florida
</cosponsor>
,
<cosponsor name-id="C001037">
Mr. Capuano
</cosponsor>
,
<cosponsor name-id="E000290">
Ms. Edwards
</cosponsor>
,
<cosponsor name-id="G000551">
Mr. Grijalva
</cosponsor>
,
<cosponsor name-id="H001032">
Mr. Holt
</cosponsor>
,
<cosponsor name-id="L000551">
Ms. Lee of California
</cosponsor>
,
<cosponsor name-id="M001149">
Mr. Michaud
</cosponsor>
,
<cosponsor name-id="M000933">
Mr. Moran
</cosponsor>
,
<cosponsor name-id="P000096">
Mr. Pascrell
</cosponsor>
,
<cosponsor name-id="S001145">
Ms. Schakowsky
</cosponsor>
,
<cosponsor name-id="S000185">
Mr. Scott of Virginia
</cosponsor>
,
<cosponsor name-id="S000480">
Ms. Slaughter
</cosponsor>
,
<cosponsor name-id="S001175">
Ms. Speier
</cosponsor>
,
<cosponsor name-id="T000266">
Mr. Tierney
</cosponsor>
, and
<cosponsor name-id="W000207">
Mr. Watt
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HAG00">
Committee
on Agriculture
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To prevent excessive speculation in energy commodities,
and for other purposes.
</official-title>
</form>
<legis-body id="HDBA5253D700044F19FC38101A7D02B31" style="OLC">
<section id="H6BDBE45043FA47DF8CFC370EA498E5D5" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<short-title>
<quote>
Halt Index Trading of Energy
Commodities (HITEC) Act
</quote>
</short-title>
.
</text>
</section>
<section id="HE502A748A0434B0391529ED89E75EF39">
<enum>
2.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
The Congress finds the following:
</text>
<paragraph id="H25BD5671CA9A40A0B463B42C4D8BBA89">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
Investment in our commodities markets has
grown dramatically in recent years. While the volume of futures contracts
traded in the United States was only 630,000,000 in 1998, that volume ballooned
to over 3,200,000,000 in 2007.
</text>
</paragraph>
<paragraph id="HF7DB9978D6A64DD48CA2FF79A620BDDD">
<enum>
(2)
</enum>
<text>
According to
testimony provided to the Committee on Natural Resources of the House of
Representatives, this growth in volume has been accompanied by a huge increase
in the percentage of commodity futures contracts owned by speculators. While
physical hedgers used to account for 70 percent of futures contracts and
speculators accounted for just 30 percent, those numbers have reversed, and
speculators now possess 70 percent of all open commodity futures
contracts.
</text>
</paragraph>
<paragraph id="H249BE72AFF5243549CD6E1C54CC1E771">
<enum>
(3)
</enum>
<text>
Almost all of this
increase in speculation has been caused by a surge in trading of commodity
index funds.
</text>
</paragraph>
<paragraph id="H8482E5FA15E846B58814CF0AC41F00B0">
<enum>
(4)
</enum>
<text>
Commodity index
trading is investing in funds or other financial products which are indexed to
changes in value of various commodities traded on commodity markets in the
United States. These funds can be tied to a basket of different commodities or
just to a single commodity.
</text>
</paragraph>
<paragraph id="HCFE0FB2EF7774CD69060D08ABE70465A">
<enum>
(5)
</enum>
<text>
Investment in
funds tied to these indexes has grown enormously in the last 2 decades.
According to the Commodity Futures Trading Commission, a partial tally of net
long positions in United States markets in these indexes reached to over
$160,000,000,000 in February 2012, and net long positions in West Texas
Intermediate Crude Oil reached to over $39,000,000,000. Many of the investors
in these funds are institutional clients, such as pension funds and
universities.
</text>
</paragraph>
<paragraph id="HD1D193A67518463693A76D1DB5E98444">
<enum>
(6)
</enum>
<text>
The vast majority
of investors in commodity index funds do not use the commodities involved.
These investors are only interested in profiting from a rise in value of the
commodities and must sell their interests in the commodities before the futures
contracts they own close. This practice, known as rolling, causes hundreds of
billions of dollars of additional trading to flow through our commodities
markets each month, artificially increasing the volatility of our markets and
driving up prices for many of our commodities, including crude oil.
</text>
</paragraph>
<paragraph id="HC1F73059EC7F4789A758F6BA54D0FD54">
<enum>
(7)
</enum>
<text>
Because our
commodities markets are tied to the actual retail prices of our commodities,
the artificial and excessive levels of speculation have significantly increased
the retail prices our citizens pay for their commodities. In the case of oil,
excessive speculation may have added nearly $1.00 to the per gallon price of
gasoline.
</text>
</paragraph>
<paragraph id="HF8F9AB7CF3CD4D96B9CE21D7603C3F34">
<enum>
(8)
</enum>
<text>
As sharp increases
in energy costs reduce economic growth, these commodity index funds are
creating a weight on the overall economy, threatening to delay our Nation’s
full recovery from the 2008 financial crisis and recession.
</text>
</paragraph>
<paragraph id="H26A5EA9F421E4793A8F5CE9234E90118">
<enum>
(9)
</enum>
<text>
Thus, commodity
index funds hurt economic growth and consumer’s wallets.
</text>
</paragraph>
<paragraph id="HF4741834DA0443A49F20ED5345196998">
<enum>
(10)
</enum>
<text display-inline="yes-display-inline">
In the Dodd-Frank Wall Street Reform Act,
Congress ordered the Commodity Futures Trading Commission to limit the number
of positions that a person or a class of persons may hold in the commodities
markets. Congress has taken initial steps to set boundaries on commodity
trading, but more must be done to address the role of commodity index funds in
the energy commodity markets.
</text>
</paragraph>
<paragraph id="H1B1AEF116D6D4148ACF37EC68890903C">
<enum>
(11)
</enum>
<text>
Because oil
prices have been at elevated levels for much of the last year, Congress
believes the situation is an emergency and warrants immediate action to ban
commodity index trading in energy commodities.
</text>
</paragraph>
</section>
<section id="H0D3F28DBD21047988654C4C10345846C">
<enum>
3.
</enum>
<header>
Prevention of
excessive speculation in energy commodities
</header>
<text display-inline="no-display-inline">
Section 4c of the Commodity Exchange Act (7
U.S.C. 6c) is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE8919C62B9B04818B4A5020FA0EBBB0E" style="OLC">
<subsection id="HD14E5DDC768E471196A001315A762D9E">
<enum>
(h)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="H8F6B00CC85DF4BFCB498AFCA107122E4">
<enum>
(1)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H252D5A301AE74BB8A3626E34C932C717">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
It shall be unlawful for a commodity index
fund to engage in a transaction involving an energy commodity if any person
investing in the fund is an excluded investor.
</text>
</subparagraph>
<subparagraph id="HB8CA392940D24803849B8B2B5253DD06" indent="up2">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
It shall be unlawful for an energy
commodity index fund to accept an investment from a person who is an excluded
investor.
</text>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H08B277BC8BE447B4B37447E313053114" indent="up2">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
Beginning 2 years after the date of the
enactment of this subsection, it shall be unlawful for a commodity index fund
to hold an investment in an energy commodity if any person investing in the
fund is an excluded investor.
</text>
</subparagraph>
</paragraph>
<paragraph id="H46B974CADBF54BEBB230916313872AA2" indent="up1">
<enum>
(2)
</enum>
<text>
In this subsection:
</text>
<subparagraph id="H2C6CDAB6D93C4ECFBB283D845BDACA39">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
The term
<term>
commodity index fund
</term>
means a fund that consists principally of swaps involving, or contracts of sale
for future delivery of, more than 1 commodity, the value or level of which is
based, in whole or in part, on the value or level of more than 1 commodity, and
that transfers, as between the parties to the transaction, in whole or in part,
the financial risk associated with a future change in any such value or
level.
</text>
</subparagraph>
<subparagraph id="HBB60341C7C1149FFAB0180730A950276">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
The term
<term>
energy commodity index
fund
</term>
means a commodity index fund that consists principally of swaps
involving, or contracts of sale for future delivery of, more than 1 energy
commodity.
</text>
</subparagraph>
<subparagraph id="H0438DB3D991B49F3B703CF1D9EBE986C">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
The term
<term>
energy commodity
</term>
means crude oil, natural gas, or any other product (other than an agricultural
commodity) that is produced or refined, in whole or in part, from crude oil or
natural gas and that may be used as fuel for a power source of any kind, but
does not include electricity.
</text>
</subparagraph>
<subparagraph id="H74EF7871CF86434C8B2977DDC95BBD8B">
<enum>
(D)
</enum>
<text>
The term
<term>
excluded
investor
</term>
means a person with respect to whom there is no position in at
least 1 energy commodity which, if held by the person, would be considered a
bona fide hedging position (within the meaning of section 4a(c)(1)).
</text>
</subparagraph>
<subparagraph id="H3E1EBC30E75042DFB824414EC6BD216F">
<enum>
(E)
</enum>
<text>
The term
<term>
swap
</term>
shall have
the meaning the term would have if the provisions of title VII of the
Dodd-Frank Wall Street Reform and Consumer Protection Act defining, and
authorizing further definition of, the term were in
effect.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 785 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Markey (for himself, Ms. DeLauro , Ms. Bordallo , Ms. Brown of Florida , Mr. Capuano , Ms. Edwards , Mr. Grijalva , Mr. Holt , Ms. Lee of California , Mr. Michaud , Mr. Moran , Mr. Pascrell , Ms. Schakowsky , Mr. Scott of Virginia , Ms. Slaughter , Ms. Speier , Mr. Tierney , and Mr. Watt ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To prevent excessive speculation in energy commodities, and for other purposes.
1. Short title This Act may be cited as the Halt Index Trading of Energy Commodities (HITEC) Act . 2. Findings The Congress finds the following: (1) Investment in our commodities markets has grown dramatically in recent years. While the volume of futures contracts traded in the United States was only 630,000,000 in 1998, that volume ballooned to over 3,200,000,000 in 2007. (2) According to testimony provided to the Committee on Natural Resources of the House of Representatives, this growth in volume has been accompanied by a huge increase in the percentage of commodity futures contracts owned by speculators. While physical hedgers used to account for 70 percent of futures contracts and speculators accounted for just 30 percent, those numbers have reversed, and speculators now possess 70 percent of all open commodity futures contracts. (3) Almost all of this increase in speculation has been caused by a surge in trading of commodity index funds. (4) Commodity index trading is investing in funds or other financial products which are indexed to changes in value of various commodities traded on commodity markets in the United States. These funds can be tied to a basket of different commodities or just to a single commodity. (5) Investment in funds tied to these indexes has grown enormously in the last 2 decades. According to the Commodity Futures Trading Commission, a partial tally of net long positions in United States markets in these indexes reached to over $160,000,000,000 in February 2012, and net long positions in West Texas Intermediate Crude Oil reached to over $39,000,000,000. Many of the investors in these funds are institutional clients, such as pension funds and universities. (6) The vast majority of investors in commodity index funds do not use the commodities involved. These investors are only interested in profiting from a rise in value of the commodities and must sell their interests in the commodities before the futures contracts they own close. This practice, known as rolling, causes hundreds of billions of dollars of additional trading to flow through our commodities markets each month, artificially increasing the volatility of our markets and driving up prices for many of our commodities, including crude oil. (7) Because our commodities markets are tied to the actual retail prices of our commodities, the artificial and excessive levels of speculation have significantly increased the retail prices our citizens pay for their commodities. In the case of oil, excessive speculation may have added nearly $1.00 to the per gallon price of gasoline. (8) As sharp increases in energy costs reduce economic growth, these commodity index funds are creating a weight on the overall economy, threatening to delay our Nation’s full recovery from the 2008 financial crisis and recession. (9) Thus, commodity index funds hurt economic growth and consumer’s wallets. (10) In the Dodd-Frank Wall Street Reform Act, Congress ordered the Commodity Futures Trading Commission to limit the number of positions that a person or a class of persons may hold in the commodities markets. Congress has taken initial steps to set boundaries on commodity trading, but more must be done to address the role of commodity index funds in the energy commodity markets. (11) Because oil prices have been at elevated levels for much of the last year, Congress believes the situation is an emergency and warrants immediate action to ban commodity index trading in energy commodities. 3. Prevention of excessive speculation in energy commodities Section 4c of the Commodity Exchange Act (7 U.S.C. 6c) is amended by adding at the end the following: (h) (1) (A) It shall be unlawful for a commodity index fund to engage in a transaction involving an energy commodity if any person investing in the fund is an excluded investor. (B) It shall be unlawful for an energy commodity index fund to accept an investment from a person who is an excluded investor. (C) Beginning 2 years after the date of the enactment of this subsection, it shall be unlawful for a commodity index fund to hold an investment in an energy commodity if any person investing in the fund is an excluded investor. (2) In this subsection: (A) The term commodity index fund means a fund that consists principally of swaps involving, or contracts of sale for future delivery of, more than 1 commodity, the value or level of which is based, in whole or in part, on the value or level of more than 1 commodity, and that transfers, as between the parties to the transaction, in whole or in part, the financial risk associated with a future change in any such value or level. (B) The term energy commodity index fund means a commodity index fund that consists principally of swaps involving, or contracts of sale for future delivery of, more than 1 energy commodity. (C) The term energy commodity means crude oil, natural gas, or any other product (other than an agricultural commodity) that is produced or refined, in whole or in part, from crude oil or natural gas and that may be used as fuel for a power source of any kind, but does not include electricity. (D) The term excluded investor means a person with respect to whom there is no position in at least 1 energy commodity which, if held by the person, would be considered a bona fide hedging position (within the meaning of section 4a(c)(1)). (E) The term swap shall have the meaning the term would have if the provisions of title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act defining, and authorizing further definition of, the term were in effect. . |
113-hr-786-ih-dtd | 113-hr-786 | 113 | hr | 786 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr786ih.xml | BILLS-113hr786ih.xml | 2023-01-08 17:37:52.378 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H4247446E2D1A4BF6B299AF6E5BAD8FC3" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 786 IH: Tar Sands Tax Loophole Elimination Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-15
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 786
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="M000133">
Mr. Markey
</sponsor>
(for
himself and
<cosponsor name-id="B000574">
Mr. Blumenauer
</cosponsor>
) introduced
the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Internal Revenue Code of 1986 to clarify
that tar sands are crude oil for purposes of the Federal excise tax on
petroleum.
</official-title>
</form>
<legis-body id="H7D793C10C99345C5922F11F190D1808D" style="OLC">
<section id="H81EA7E3C51504C2F9D30A2FF170CEE9E" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Tar Sands Tax Loophole Elimination
Act
</short-title>
</quote>
.
</text>
</section>
<section id="H6CD9C91934954228BE78656AD6595D28" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Clarification of tar
sands as crude oil for excise tax purposes
</header>
<subsection id="H24089440696D45A383A13B3721601F51">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Paragraph (1) of
<external-xref legal-doc="usc" parsable-cite="usc/26/4612">
section 4612(a)
</external-xref>
of the Internal Revenue Code of 1986 is amended by striking
<quote>
and natural gasoline
</quote>
and inserting
<quote>
, natural gasoline,
and tar sands
</quote>
.
</text>
</subsection>
<subsection id="HD65DC30CF0084918B0BEA547EDC50E67">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by this section shall take effect on the
date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 786 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Markey (for himself and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to clarify that tar sands are crude oil for purposes of the Federal excise tax on petroleum.
1. Short title This Act may be cited as the Tar Sands Tax Loophole Elimination Act . 2. Clarification of tar sands as crude oil for excise tax purposes (a) In general Paragraph (1) of section 4612(a) of the Internal Revenue Code of 1986 is amended by striking and natural gasoline and inserting , natural gasoline, and tar sands . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. |
113-hr-787-ih-dtd | 113-hr-787 | 113 | hr | 787 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr787ih.xml | BILLS-113hr787ih.xml | 2023-01-08 17:37:52.575 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H711E1CC9C7E046E689F7ACABCA5B65C3" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 787 IH: Infrastructure Jobs and Energy Independence Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-15
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 787
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="M001151">
Mr. Murphy of
Pennsylvania
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HII00">
Committee on Natural
Resources
</committee-name>
, and in addition to the Committees on the
<committee-name committee-id="HJU00">
Judiciary
</committee-name>
,
<committee-name committee-id="HIF00">
Energy and Commerce
</committee-name>
,
<committee-name committee-id="HRU00">
Rules
</committee-name>
,
<committee-name committee-id="HBU00">
the Budget
</committee-name>
, and
<committee-name committee-id="HPW00">
Transportation and
Infrastructure
</committee-name>
, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To greatly enhance America’s path toward energy
independence and economic and national security, to rebuild our Nation’s aging
roads, bridges, locks, and dams, and for other purposes.
</official-title>
</form>
<legis-body id="H209E301C7C1F45F3B26649AD9C577E03" style="OLC">
<section id="H63248DB64D094CDB8B749773AB647A4A" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title; table of
contents
</header>
<subsection id="H4C65BB323E0D4BEFBD7B0DAE0B4C27B3">
<enum>
(a)
</enum>
<header>
Short
title
</header>
<text>
This Act may be cited as the
<quote>
<short-title>
Infrastructure Jobs and Energy Independence
Act
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="H39B1C6E6BFE94B63BD5AE3C7A64398CD">
<enum>
(b)
</enum>
<header>
Table of
contents
</header>
<text>
The table of contents for this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H63248DB64D094CDB8B749773AB647A4A" level="section">
Sec. 1. Short title; table of contents.
</toc-entry>
<toc-entry idref="H8EEA55AE8EF545BCA94ABDE67D69208F" level="title">
Title I—Offshore Leasing and Other Energy Provisions
</toc-entry>
<toc-entry idref="H42CBEE49623C480C9B063BA2F1A625B0" level="subtitle">
Subtitle A—Offshore Leasing
</toc-entry>
<toc-entry idref="H0F02FA67C6C24548B9F2203EB2656BFF" level="section">
Sec. 101. Leasing program considered approved.
</toc-entry>
<toc-entry idref="H21A493C167CE4A199233C46566AEEE87" level="section">
Sec. 102. Lease sales.
</toc-entry>
<toc-entry idref="H6C0AC1014A2F41B28DBBB5668ACC3DC9" level="section">
Sec. 103. Seaward boundaries of States.
</toc-entry>
<toc-entry idref="H632F987EBFE14D92A94D0F3ACC21C465" level="section">
Sec. 104. Military operations.
</toc-entry>
<toc-entry idref="H2699D61BC3A24E02BA07CFC9CDFE1CE3" level="section">
Sec. 105. Coordination with Adjacent States.
</toc-entry>
<toc-entry idref="HAABE05FCEE9D46B9A9F461177653CD27" level="section">
Sec. 106. Gulf of Mexico oil and gas.
</toc-entry>
<toc-entry idref="H4B1ECE4F709A43B5A492912E23A1AE57" level="section">
Sec. 107. Sharing of revenues.
</toc-entry>
<toc-entry idref="H8A5949EAF02C4E578EF16485F5112FFF" level="section">
Sec. 108. Inventory of offshore energy resources.
</toc-entry>
<toc-entry idref="HE4CE2628973B48A4AF3EC00A384A0313" level="section">
Sec. 109. Prohibitions on surface occupancy and other
appropriate environmental safeguards.
</toc-entry>
<toc-entry idref="H273E081A6F354E8F873BF7F96A1CE584" level="subtitle">
Subtitle B—Expedited Judicial Review
</toc-entry>
<toc-entry idref="H9980BCFAC8EE4F419BF35D65A3579505" level="section">
Sec. 121. Definitions.
</toc-entry>
<toc-entry idref="H4B2264E02FF640509403F56B4C66C96A" level="section">
Sec. 122. Exclusive jurisdiction over causes and claims
relating to covered oil and natural gas activities.
</toc-entry>
<toc-entry idref="HE2DA9AA0218B4E2CAAC743AB44D242F6" level="section">
Sec. 123. Time for filing petition; standing.
</toc-entry>
<toc-entry idref="H334ED84B33C84F7B8AAA691487940F75" level="section">
Sec. 124. Timetable.
</toc-entry>
<toc-entry idref="HBA5D5F67390542E5902124FC95F8066A" level="section">
Sec. 125. Limitation on scope of review and relief.
</toc-entry>
<toc-entry idref="HF33A423019634F50917F4D10DF9F1FD4" level="section">
Sec. 126. Presidential waiver.
</toc-entry>
<toc-entry idref="H03BA79C5B41A48D5B2D3AFBFF660CDA9" level="section">
Sec. 127. Legal fees.
</toc-entry>
<toc-entry idref="H4BF1A2BFE7FF4D2C966BB90B2364C454" level="section">
Sec. 128. Exclusion.
</toc-entry>
<toc-entry idref="H1ECCE474E93B4FC3AF794E98D97ACA3E" level="subtitle">
Subtitle C—Other Energy Provisions
</toc-entry>
<toc-entry idref="H5FC302EB5EDE47AAA6D09D0404A77886" level="section">
Sec. 131. Policies regarding buying and building
American.
</toc-entry>
<toc-entry idref="H89DA2CFFCFDC48EAA645C666041EC845" level="title">
Title II—Modifying the Strategic Petroleum Reserve and Funding
Conservation and Energy Research and Development
</toc-entry>
<toc-entry idref="HFB80D0BE35FD431DB59382BC425D2861" level="section">
Sec. 201. Findings.
</toc-entry>
<toc-entry idref="HD5B84139DBD84427B272828865CDF259" level="section">
Sec. 202. Definitions.
</toc-entry>
<toc-entry idref="HBBBA701CD8EC409AB7FBE62559C9D743" level="section">
Sec. 203. Objectives.
</toc-entry>
<toc-entry idref="HD084ADC1F1CA402BA402D16A109F0CA0" level="section">
Sec. 204. Modification of the Strategic Petroleum
Reserve.
</toc-entry>
</toc>
</subsection>
</section>
<title id="H8EEA55AE8EF545BCA94ABDE67D69208F">
<enum>
I
</enum>
<header>
Offshore Leasing
and Other Energy Provisions
</header>
<subtitle id="H42CBEE49623C480C9B063BA2F1A625B0">
<enum>
A
</enum>
<header>
Offshore
Leasing
</header>
<section id="H0F02FA67C6C24548B9F2203EB2656BFF">
<enum>
101.
</enum>
<header>
Leasing program
considered approved
</header>
<subsection id="HED7EA1A5335D49FBBB6BB837213F7B9A">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Draft Proposed Outer Continental Shelf Oil and Gas
Leasing Program 2010–2015 issued by the Secretary of the Interior (referred to
in this section as the
<quote>
Secretary
</quote>
) under section 18 of the Outer
Continental Shelf Lands Act (
<external-xref legal-doc="usc" parsable-cite="usc/43/1344">
43 U.S.C. 1344
</external-xref>
) is considered to have been
approved by the Secretary as a final oil and gas leasing program under that
section, and is considered to be in full compliance with and in accordance with
all requirements of the Outer Continental Shelf Lands Act.
</text>
</subsection>
<subsection id="H26D50456D9E94A2EB96DA2A93118D8A5">
<enum>
(b)
</enum>
<header>
Final
environmental impact statement
</header>
<text>
The Secretary is considered to
have issued a final environmental impact statement for the program described in
subsection (a) in accordance with all requirements under section 102(2)(C) of
the National Environmental Policy Act of 1969 (
<external-xref legal-doc="usc" parsable-cite="usc/42/4332">
42 U.S.C. 4332(2)(C)
</external-xref>
).
</text>
</subsection>
<subsection id="HC4BD5A98CD644CE78D32862D9EBACF54">
<enum>
(c)
</enum>
<header>
Correction of
dates
</header>
<text display-inline="yes-display-inline">
The Secretary of the
Interior shall update the dates and deadlines proscribed in the program
described in subsection (a) to reflect the time that has passed between the
date the program was issued and the date of enactment of this Act.
</text>
</subsection>
</section>
<section id="H21A493C167CE4A199233C46566AEEE87">
<enum>
102.
</enum>
<header>
Lease
sales
</header>
<subsection id="H2686C1DFE0324AFEA8850E83B0B103C3">
<enum>
(a)
</enum>
<header>
Outer
continental shelf
</header>
<paragraph id="HE8CC30DF540C4B3C88EA9D69693C38FB">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Except as provided in paragraph (2), not later than 30
days after the date of enactment of this Act and every 270 days thereafter, the
Secretary of the Interior (referred to in this section as the
<quote>
Secretary
</quote>
) shall conduct a lease sale in each outer Continental
Shelf planning area for which the Secretary determines that there is a
commercial interest in purchasing Federal oil and gas leases for production on
the outer Continental Shelf.
</text>
</paragraph>
<paragraph id="H6E941DCB3EF14328901668547C368C8B">
<enum>
(2)
</enum>
<header>
Subsequent
determinations and sales
</header>
<text>
If the Secretary determines that there
is not a commercial interest in purchasing Federal oil and gas leases for
production on the outer Continental Shelf in a planning area under this
subsection, not later than 2 years after the date of enactment of the
determination and every 2 years thereafter, the Secretary shall—
</text>
<subparagraph id="H8608ACECCE5C414F8ECE8BF78CE4050F">
<enum>
(A)
</enum>
<text>
determine whether
there is a commercial interest in purchasing Federal oil and gas leases for
production on the outer Continental Shelf in the planning area; and
</text>
</subparagraph>
<subparagraph id="H9D33FC7BFE814157B4189BBB425C0ED4">
<enum>
(B)
</enum>
<text>
if the Secretary
determines that there is a commercial interest described in subparagraph (A),
conduct a lease sale in the planning area.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HBFB85642637F4392AA68BF228FAD0911">
<enum>
(b)
</enum>
<header>
Renewable energy
and mariculture
</header>
<text>
The Secretary may conduct commercial lease sales
of resources owned by the United States—
</text>
<paragraph id="HDFE2D22D22384F75BC6A599B4CD41E90">
<enum>
(1)
</enum>
<text>
to produce
renewable energy (as defined in section 203(b) of the Energy Policy Act of 2005
(
<external-xref legal-doc="usc" parsable-cite="usc/42/15852">
42 U.S.C. 15852(b)
</external-xref>
)); or
</text>
</paragraph>
<paragraph id="HB860B164261F4EAB8A3F5D5AB183BB42">
<enum>
(2)
</enum>
<text>
to cultivate
marine organisms in the natural habitat of the organisms.
</text>
</paragraph>
</subsection>
</section>
<section id="H6C0AC1014A2F41B28DBBB5668ACC3DC9">
<enum>
103.
</enum>
<header>
Seaward
boundaries of States
</header>
<subsection id="HB2EFDA647B364A4FA7690A00115EA804">
<enum>
(a)
</enum>
<header>
Seaward
boundaries
</header>
<text>
Section 4 of the Submerged Lands Act (
<external-xref legal-doc="usc" parsable-cite="usc/43/1312">
43 U.S.C. 1312
</external-xref>
)
is amended by striking
<quote>
three geographical miles
</quote>
each place it
appears and inserting
<quote>
9 nautical miles
</quote>
.
</text>
</subsection>
<subsection id="H4E8836072E7D4BAB87040C3C73F755D6">
<enum>
(b)
</enum>
<header>
Conforming
amendments
</header>
<text>
Section 2 of the Submerged Lands Act (
<external-xref legal-doc="usc" parsable-cite="usc/43/1301">
43 U.S.C. 1301
</external-xref>
)
is amended—
</text>
<paragraph id="H1AF422CA236543379B00BE9785497268">
<enum>
(1)
</enum>
<text>
in subsection
(a)(2), by striking
<quote>
three geographical miles
</quote>
and inserting
<quote>
9 nautical miles
</quote>
; and
</text>
</paragraph>
<paragraph id="H97A17473E38946959B7B5D00508BDC78">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H3FFBFECF13A64747A2C9C399FA5D2860">
<enum>
(A)
</enum>
<text>
by striking
<quote>
three geographical miles
</quote>
and inserting
<quote>
9 nautical
miles
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H6E6B3594097646E4BC5C28EBCDFA5704">
<enum>
(B)
</enum>
<text>
by striking
<quote>
three marine leagues
</quote>
and inserting
<quote>
9 nautical
miles
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HF1B38085A2B14728BC25722772D7AEF1">
<enum>
(c)
</enum>
<header>
Effect of
amendments
</header>
<paragraph id="H296288131AB94C10BE6BF0C1764D38A6">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Subject to paragraphs (2) through (4), the amendments
made by this section shall not affect Federal oil and gas mineral rights and
should not affect the States’ current authority within existing State
boundaries.
</text>
</paragraph>
<paragraph id="HD741D19F3D0F4B658D787780C37E60A3">
<enum>
(2)
</enum>
<header>
Existing
leases
</header>
<text>
The amendments made by this section shall not affect any
Federal oil and gas lease in effect on the date of enactment of this
Act.
</text>
</paragraph>
<paragraph id="H131C10A50ADD46A4902C6A91ABB1055D">
<enum>
(3)
</enum>
<header>
Taxation
</header>
<subparagraph id="HC69DB2A976FB4BFC948C77809D5B7D23">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
A State may exercise all of the sovereign powers of
taxation of the State within the entire extent of the seaward boundaries of the
State (as extended by the amendments made by this section).
</text>
</subparagraph>
<subparagraph id="H19B470D4BC424CD2A8E4977E8EB04ED3">
<enum>
(B)
</enum>
<header>
Limitation
</header>
<text>
Nothing
in this paragraph affects the authority of a State to tax any Federal oil and
gas lease in effect on the date of enactment of this Act.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H632F987EBFE14D92A94D0F3ACC21C465">
<enum>
104.
</enum>
<header>
Military
operations
</header>
<text display-inline="no-display-inline">
The Secretary shall
consult with the Secretary of Defense regarding military operations needs in
the Outer Continental Shelf. The Secretary shall work with the Secretary of
Defense to resolve any conflicts that might arise between such operations and
leasing under this section. If the Secretaries are unable to resolve all such
conflicts, any unresolved issues shall be referred by the Secretaries to the
President in a timely fashion for immediate resolution.
</text>
</section>
<section id="H2699D61BC3A24E02BA07CFC9CDFE1CE3">
<enum>
105.
</enum>
<header>
Coordination
with Adjacent States
</header>
<text display-inline="no-display-inline">
Section
19 of the Outer Continental Shelf Lands Act (
<external-xref legal-doc="usc" parsable-cite="usc/43/1345">
43 U.S.C. 1345
</external-xref>
) is amended—
</text>
<paragraph id="HBFF265E521214C8CBB8D2841F6A0BBED">
<enum>
(1)
</enum>
<text>
in subsection (a)
in the first sentence by inserting
<quote>
, for any tract located within the
Adjacent State’s Adjacent Zone,
</quote>
after
<quote>
government
</quote>
;
and
</text>
</paragraph>
<paragraph id="HB08FFB8F8B194AB3A9B986C811C95CEA">
<enum>
(2)
</enum>
<text>
by adding the
following:
</text>
<quoted-block id="HAA187684904C46839BEAA2DE1DFA0443" style="OLC">
<subsection id="HE87096F945F54686B9BB952B650DAB47">
<enum>
(f)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="HA7C0D5B9E54844829830197249FA4A87">
<enum>
(1)
</enum>
<text>
Prior to issuing a
permit or approval for the construction of a pipeline to transport crude oil,
natural gas or associated liquids production withdrawn from oil and gas leases
on the outer Continental Shelf, a Federal agency must seek the concurrence of
the Adjacent State if the pipeline is to transit the Adjacent State’s Adjacent
Zone between the outer Continental Shelf and landfall. No State may prohibit
construction of such a pipeline within its Adjacent Zone or its State waters.
However, an Adjacent State may require routing of such a pipeline to one of two
alternate landfall locations in the Adjacent State, designated by the Adjacent
State, located within 60 miles on either side of a proposed landfall
location.
</text>
</paragraph>
<paragraph id="H89F7CE390D8740BF9864E189A486C842" indent="up1">
<enum>
(2)
</enum>
<text>
In this subsection:
</text>
<subparagraph id="H78B7A43CC03E462E8160A5336A98D6CE">
<enum>
(A)
</enum>
<text>
The term
<quote>
Adjacent State
</quote>
means, with respect to any program, plan, lease sale, leased tract or other
activity, proposed, conducted, or approved pursuant to the provisions of this
Act, any State the laws of which are declared, pursuant to section 4(a)(2), to
be the law of the United States for the portion of the outer Continental Shelf
on which such program, plan, lease sale, leased tract, or activity appertains
or is, or is proposed to be, conducted. For purposes of this subparagraph, the
term
<quote>
State
</quote>
includes the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, the Virgin Islands, American
Samoa, Guam, and the other territories of the United States.
</text>
</subparagraph>
<subparagraph id="H50127E97E94F4250AFF9759F61E0B659">
<enum>
(B)
</enum>
<text>
The term
<quote>
Adjacent Zone
</quote>
means, with respect to any program, plan, lease sale, leased tract, or other
activity, proposed, conducted, or approved pursuant to the provisions of this
Act, the portion of the outer Continental Shelf for which the laws of a
particular Adjacent State are declared, pursuant to section 4(a)(2), to be the
law of the United
States.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HAABE05FCEE9D46B9A9F461177653CD27">
<enum>
106.
</enum>
<header>
Gulf of Mexico
oil and gas
</header>
<subsection id="HC637B28CA20843BEAF3D73147B07C80F">
<enum>
(a)
</enum>
<header>
Repeal
</header>
<text>
Section
104 of division C of the Tax Relief and Health Care Act of 2006 (Public Law
109–432; 120 Stat. 3003) is repealed.
</text>
</subsection>
<subsection id="H6C165F24CC7C43CFAFC7785F4D01250D">
<enum>
(b)
</enum>
<header>
Leasing plan for
the Eastern Gulf of Mexico
</header>
<text>
Pursuant to sections 101 and 102 of
this Act, the Secretary of the Interior shall issue a final leasing plan for
the Eastern Gulf of Mexico within 180 days after the date of enactment of this
Act for all areas where there exists commercial interest in purchasing Federal
oil and gas leases for production.
</text>
</subsection>
</section>
<section id="H4B1ECE4F709A43B5A492912E23A1AE57">
<enum>
107.
</enum>
<header>
Sharing of
revenues
</header>
<subsection id="HC7D45DB4ABD54CADA57912781C3134AA">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Section 8(g) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(g)) is amended—
</text>
<paragraph id="HCE5A9137212F4F8AB00194CF30CDCF6A">
<enum>
(1)
</enum>
<text>
in paragraph (2)
by striking
<quote>
Notwithstanding
</quote>
and inserting
<quote>
Except as
provided in paragraph (6), and notwithstanding
</quote>
;
</text>
</paragraph>
<paragraph id="H67AA0FE3DC05448CA71E62F42AEBA791">
<enum>
(2)
</enum>
<text>
by redesignating
paragraphs (6) and (7) as paragraphs (8) and (9); and
</text>
</paragraph>
<paragraph id="HE8F3DEA22315452B98B3D7F4B3DA6B4E">
<enum>
(3)
</enum>
<text>
by inserting after
paragraph (5) the following:
</text>
<quoted-block id="H4704F2C5C107426497265D56A766FAFA" style="OLC">
<paragraph id="H140DD5D373EB4158BC21E0CEF14A9D25">
<enum>
(6)
</enum>
<header>
Bonus bids and
royalties under qualified leases
</header>
<subparagraph id="H6EC9F39D22184B79BEBE7031A3513E47">
<enum>
(A)
</enum>
<header>
New
leases
</header>
<text>
Of amounts received by the United States as bonus bids,
royalties, rentals, and other sums collected under any new qualified lease on
submerged lands made available for leasing under this Act by the enactment of
the
<short-title>
Infrastructure Jobs and Energy
Independence Act
</short-title>
—
</text>
<clause id="HA3034F8B269840AB815D3D4988852361">
<enum>
(i)
</enum>
<text>
30
percent shall be paid to the States that are producing States with respect to
those submerged lands that are located within the seaward boundaries of such a
State established under section 4(a)(2)(A);
</text>
</clause>
<clause id="H48CAC283F5CF412A915C2EB4011114BB">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
10 percent shall be deposited in the
general fund of the Treasury used solely for paying off the national debt;
and
</text>
</clause>
<clause id="HC3A8EA9840014CB2B6BA4DC385BC6B52">
<enum>
(iii)
</enum>
<text>
60 percent shall
be deposited in the Infrastructure Renewal Reserve established by paragraph
(7).
</text>
</clause>
</subparagraph>
<subparagraph id="H3ACBD16153414C87AE0A4B6FFB4B5DBD">
<enum>
(B)
</enum>
<header>
Leased tract
that lies partially within the seaward boundaries of a state
</header>
<text>
In
the case of a leased tract that lies partially within the seaward boundaries of
a State, the amounts of bonus bids and royalties from such tract that are
subject to subparagraph (A)(ii) with respect to such State shall be a
percentage of the total amounts of bonus bids and royalties from such tract
that is equivalent to the total percentage of surface acreage of the tract that
lies within such seaward boundaries.
</text>
</subparagraph>
<subparagraph id="H832883B32C224F579E035B18F8CFB4B7">
<enum>
(C)
</enum>
<header>
Use of payments
to states
</header>
<text>
Amounts paid to a State under subparagraph (A)(ii)
shall be used by the State for one or more of the following:
</text>
<clause id="H0FAAF8AE15BA4E0D9A0A50E3C7FB4466">
<enum>
(i)
</enum>
<text>
Education.
</text>
</clause>
<clause id="HD772B2AE3C44485B90B0CA01EA9A5249">
<enum>
(ii)
</enum>
<text>
Transportation.
</text>
</clause>
<clause id="HCCE13794EC5F43E3A21453AD03BA880D">
<enum>
(iii)
</enum>
<text>
Coastal
restoration, environmental restoration, and beach replenishment.
</text>
</clause>
<clause id="HF2A3DE9ECCFE49FD928525C634096630">
<enum>
(iv)
</enum>
<text>
Energy
infrastructure.
</text>
</clause>
<clause id="H6E49CC6403144203AEA8813CE269DFB7">
<enum>
(v)
</enum>
<text>
Renewable energy
development.
</text>
</clause>
<clause id="H5DD54478DB3C4D8FB3C19EFD612C4A1B">
<enum>
(vi)
</enum>
<text>
Energy efficiency
and conservation.
</text>
</clause>
<clause id="HD2E0CCEB32E0450CA9808A20E2C9C75D">
<enum>
(vii)
</enum>
<text>
Any other
purpose determined by State law.
</text>
</clause>
</subparagraph>
<subparagraph id="HFF227426B0A94ABFA6CC44CED8885C36">
<enum>
(D)
</enum>
<header>
Definitions
</header>
<text>
In
this paragraph:
</text>
<clause id="HF72371AB093E479FB21835E786F27114">
<enum>
(i)
</enum>
<header>
Adjacent
state
</header>
<text>
The term
<quote>
Adjacent State
</quote>
means, with respect
to any program, plan, lease sale, leased tract or other activity, proposed,
conducted, or approved pursuant to the provisions of this Act, any State the
laws of which are declared, pursuant to section 4(a)(2), to be the law of the
United States for the portion of the outer Continental Shelf on which such
program, plan, lease sale, leased tract, or activity appertains or is, or is
proposed to be, conducted.
</text>
</clause>
<clause id="H992BB434546D4E76BC03C676EE4A139E">
<enum>
(ii)
</enum>
<header>
Adjacent
zone
</header>
<text>
The term
<quote>
Adjacent Zone
</quote>
means, with respect to
any program, plan, lease sale, leased tract, or other activity, proposed,
conducted, or approved pursuant to the provisions of this Act, the portion of
the outer Continental Shelf for which the laws of a particular Adjacent State
are declared, pursuant to section 4(a)(2), to be the law of the United
States.
</text>
</clause>
<clause id="H76C904C720F44D6F9816F25ABF9D7320">
<enum>
(iii)
</enum>
<header>
Producing
state
</header>
<text>
The term
<quote>
producing State
</quote>
means an Adjacent
State having an Adjacent Zone containing leased tracts from which are derived
bonus bids and royalties under a lease under this Act.
</text>
</clause>
<clause id="H4806D3BB2F9E47FDA95F2C3DE4C52D69">
<enum>
(iv)
</enum>
<header>
State
</header>
<text>
The
term
<quote>
State
</quote>
includes Puerto Rico and the other territories of the
United States.
</text>
</clause>
<clause id="H7880A2AAF94A4625AE21EB63A60220DF">
<enum>
(v)
</enum>
<header>
Qualified
lease
</header>
<text>
The term
<quote>
qualified lease
</quote>
means a natural gas
or oil lease made available under this Act granted after the date of the
enactment of the
<short-title>
Infrastructure Jobs and
Energy Independence Act
</short-title>
, for an area that is available for
leasing as a result of enactment of section 101 of that Act.
</text>
</clause>
</subparagraph>
<subparagraph id="H30F4A47569CD4D508293DEC49CED425E">
<enum>
(E)
</enum>
<header>
Application
</header>
<text>
This
paragraph shall apply to bonus bids and royalties received by the United States
under qualified leases after implementation of sections 105 and 106 of the
<short-title>
Infrastructure Jobs and Energy Independence
Act
</short-title>
.
</text>
</subparagraph>
<subparagraph id="HCDC9A6353B844AF0B424EE1CE6AC710B">
<enum>
(F)
</enum>
<header>
Existing
revenues
</header>
<text>
All revenues including revenues, including bonus bids,
royalties, rentals, and other sums, collected from leases issued under this Act
prior to the enactment
<short-title>
Infrastructure Jobs
and Energy Independence Act
</short-title>
, shall not be affected by the
provisions of that Act.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD6F6F61A006E47208DA29878FBC439E2">
<enum>
(7)
</enum>
<header>
Establishment of
reserve accounts
</header>
<subparagraph id="H3A00523D5E764A19B0BD483DB676F97C">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
For budgetary purposes, there is established as a
separate account to receive deposits under paragraph (6)(A)—
</text>
<clause id="H9A4BA80E111248F2B3D46A88C6AC8E58">
<enum>
(i)
</enum>
<text>
the Infrastructure
Renewal Reserve which shall be applied to offset the costs of—
</text>
<subclause id="HC85AA7ADF81448BCA784E89EC53DF3E8">
<enum>
(I)
</enum>
<text>
Federal-aid
highway and highway safety construction programs carried out by the Secretary
of Transportation;
</text>
</subclause>
<subclause id="HF259DCE84FFB41659DB7D760E8ABD7D7">
<enum>
(II)
</enum>
<text>
public
transportation programs carried out by the Secretary of Transportation;
</text>
</subclause>
<subclause id="HFBCE8D416BA8440F8B04C3FF12860885">
<enum>
(III)
</enum>
<text>
water resources
development construction projects carried out by the Secretary of the Army
(acting through the Chief of Engineers); and
</text>
</subclause>
<subclause id="HBA4F4C6135354539A8330F7B6EC829F2">
<enum>
(IV)
</enum>
<text>
legislation
enacted after the date of the enactment of the
<short-title>
Infrastructure Jobs and Energy Independence
Act
</short-title>
for purposes of investment in transportation infrastructure;
and
</text>
</subclause>
</clause>
<clause id="HAFFC8D35D9BC4BF1B010516AAAD3A37A">
<enum>
(ii)
</enum>
<text>
the Clean Water
Reserve, to first, offset the cost of construction programs under the Clean
Water Act or the 1996 Amendments to the Safe Drinking Water Act that provide
assistance, such as grants, matching grants, and no- and low-interest loans, to
State, county, and local governments to rebuild and modernize clean water and
sewage infrastructure.
</text>
</clause>
</subparagraph>
<subparagraph id="HF0492AB3B46B4CC98F29FACF618FCA33">
<enum>
(B)
</enum>
<header>
Deposit of
balance from SPR Petroleum Account
</header>
<text display-inline="yes-display-inline">
In addition to deposits under paragraph
(6)(A), the Secretary shall transfer to the Infrastructure Renewal Reserve the
balance of funds in the SPR Petroleum Account on the date of enactment of this
Act in excess of $10,000,000.
</text>
</subparagraph>
<subparagraph id="H7C60BE97672A445CBF8EF5D619B190C4">
<enum>
(C)
</enum>
<header>
Procedure for
adjustments
</header>
<clause id="HE85FA49B001149DFBC4B1756681A242D">
<enum>
(i)
</enum>
<header>
Budget committee
chairman
</header>
<text>
After the reporting of a bill or joint resolution, or
the offering of an amendment thereto or the submission of a conference report
thereon, providing funding for the purposes set forth in clause (i) or (ii) of
subparagraph (A) in excess of the sum of amount of the deposits under paragraph
(6)(A) for those purposes for fiscal year 2013 and funds deposited under
subparagraph (B) of this paragraph, the chairman of the Committee on the Budget
of the applicable House of Congress shall make the adjustments set forth in
clause (ii) for the amount of new budget authority and outlays in that measure
and the outlays flowing from that budget authority.
</text>
</clause>
<clause id="HDDDB0678BF7D451A9F8C8A7F1DCEEEA1">
<enum>
(ii)
</enum>
<header>
Matters to be
adjusted
</header>
<text>
The adjustments referred to in clause (i) are to be made
to—
</text>
<subclause id="HFD4746F6F06A4AF9BFD43650E28D8AE9">
<enum>
(I)
</enum>
<text>
the discretionary
spending limits, if any, set forth in the appropriate concurrent resolution on
the budget;
</text>
</subclause>
<subclause id="HD5AD538BDB1C4BC2986E9FD814AA31A4">
<enum>
(II)
</enum>
<text>
the allocations
made pursuant to the appropriate concurrent resolution on the budget pursuant
to section 302(a) of the Congressional Budget Act of 1974; and
</text>
</subclause>
<subclause id="H2B5A14D975E944BD89F1331E021C2B98">
<enum>
(III)
</enum>
<text>
the budget
aggregates contained in the appropriate concurrent resolution on the budget as
required by section 301(a) of the Congressional Budget Act of 1974.
</text>
</subclause>
</clause>
<clause id="H6D0677EBEEBE44C7A4F4C51A1ED59D7A">
<enum>
(iii)
</enum>
<header>
Amounts of
adjustments
</header>
<text>
The adjustments referred to in clauses (i) and (ii)
shall not exceed the receipts estimated by the Congressional Budget Office that
are attributable to this Act for the fiscal year in which the adjustments are
made.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H246D24B3C74E478F8DA71C91193AA78A">
<enum>
(8)
</enum>
<header>
Maintenance of
effort by States
</header>
<text>
The Secretary of the Interior, the Secretary of
Health and Human Services, the Secretary of Energy, and any other Federal
official with authority to implement legislation referred to in paragraph
(6)(A) shall ensure that financial assistance provided to a State under that
legislation for any purpose with amounts made available under this subsection
or in any legislation with respect to which paragraph (7) applies supplement,
and do not replace, the amounts expended by the State for that purpose before
the date of the enactment of the
<short-title>
Infrastructure Jobs and Energy Independence Act
</short-title>
.
</text>
</paragraph>
<paragraph id="HB2980E88A8654B4AA0ACFC61198A91F5">
<enum>
(9)
</enum>
<header>
Distributions
for Federal-aid highway or highway safety construction program
</header>
<text display-inline="yes-display-inline">
To the extent practicable, amounts made
available for a Federal-aid highway or highway safety construction program, the
costs of which are offset by application of the Infrastructure Renewal Reserve,
shall be distributed using the apportionment formula that applies to that
program.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection display-inline="no-display-inline" id="HA8E213DE2EA746C286374EAA3417EEEF">
<enum>
(b)
</enum>
<header>
Establishment of
State Seaward Boundaries
</header>
<text>
Section 4(a)(2)(A) of the Outer
Continental Shelf Lands Act (
<external-xref legal-doc="usc" parsable-cite="usc/43/1333">
43 U.S.C. 1333(a)(2)(A)
</external-xref>
) is amended in the first
sentence by striking
<quote>
, and the President
</quote>
and all that follows
through the end of the sentence and inserting the following:
<quote>
. Such
extended lines are deemed to be as indicated on the maps for each Outer
Continental Shelf region entitled
<quote>
Alaska OCS Region State Adjacent Zone
and OCS Planning Areas
</quote>
,
<quote>
Pacific OCS Region State Adjacent Zones
and OCS Planning Areas
</quote>
,
<quote>
Gulf of Mexico OCS Region State Adjacent
Zones and OCS Planning Areas
</quote>
, and
<quote>
Atlantic OCS Region State
Adjacent Zones and OCS Planning Areas
</quote>
, all of which are dated September
2005 and on file in the Office of the Director, Minerals Management Service.
The preceding sentence shall not apply with respect to the treatment under
section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of
division C of
<external-xref legal-doc="public-law" parsable-cite="pl/109/432">
Public Law 109–432
</external-xref>
) of qualified outer Continental Shelf revenues
deposited and disbursed under subsection (a)(2) of that
section.
</quote>
.
</text>
</subsection>
</section>
<section id="H8A5949EAF02C4E578EF16485F5112FFF">
<enum>
108.
</enum>
<header>
Inventory of
offshore energy resources
</header>
<subsection id="H89EFE464FD4A44E8B7FCBA605F239476">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Secretary of the Interior (in this section referred
to as the
<quote>
Secretary
</quote>
) shall promptly prepare an inventory of
offshore energy resources of the United States, including through conduct of
geological and geophysical explorations by private industry in all of the
United States outer Continental Shelf areas of the Atlantic Ocean and the
Pacific Ocean under part 251 of title 30, Code of Federal Regulations (or
successor regulations).
</text>
</subsection>
<subsection id="H4229F00A9CEF43DCAA49D0459E2FDE89">
<enum>
(b)
</enum>
<header>
Environmental
studies
</header>
<text>
Not later than 180 days after the date of enactment of
this Act, the Secretary shall complete any environmental studies necessary to
gather information essential to an accurate inventory, including geological and
geophysical explorations under part 251 of title 30, Code of Federal
Regulations (or successor regulations).
</text>
</subsection>
<subsection id="H53EDCCB0A9BE446184890E8C81B52838">
<enum>
(c)
</enum>
<header>
Effect on oil
and gas leasing
</header>
<text>
No inventory that is conducted under this section
or any other Federal law (including regulations) shall restrict, limit, delay,
or otherwise adversely affect—
</text>
<paragraph id="HA6FEEA6366B9469ABE4BC7D16EBC4D1D">
<enum>
(1)
</enum>
<text>
the development of
any Outer Continental Shelf leasing program under section 18 of the Outer
Continental Shelf Lands Act (
<external-xref legal-doc="usc" parsable-cite="usc/43/1344">
43 U.S.C. 1344
</external-xref>
); or
</text>
</paragraph>
<paragraph id="H4415BD7379D54A8D80C7D9389251B144">
<enum>
(2)
</enum>
<text>
any leasing,
exploration, development, or production of any Federal offshore oil and gas
leases.
</text>
</paragraph>
</subsection>
<subsection id="H4BB7A69B1EE542D7B73A06EC4E71F71D">
<enum>
(d)
</enum>
<header>
Funding
</header>
<paragraph id="H9202F3D2F8C24D3BB8FA6E3AF8739F4D">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary of the Treasury shall make a one-time
transfer to the Secretary, without further appropriation and from royalties
collected by the United States in conjunction with the production of oil and
gas, of such sums as are necessary for the Secretary to carry out this
section.
</text>
</paragraph>
<paragraph id="HF0B632356F95411992203F242DF3F43F">
<enum>
(2)
</enum>
<header>
Limitation
</header>
<text>
The
amount transferred under paragraph (1) shall not exceed $50,000,000.
</text>
</paragraph>
</subsection>
</section>
<section id="HE4CE2628973B48A4AF3EC00A384A0313">
<enum>
109.
</enum>
<header>
Prohibitions on
surface occupancy and other appropriate environmental safeguards
</header>
<subsection id="H7955B268479F4FB3B80462D8471CDEF9">
<enum>
(a)
</enum>
<header>
Regulations
</header>
<paragraph id="HA8EE401535BE48F6A8EB985B3B163962">
<enum>
(1)
</enum>
<header>
In
general
</header>
<subparagraph id="H8B2C300DCB94475C830B2BEE3BB9325F">
<enum>
(A)
</enum>
<header>
environmental
safeguards
</header>
<text>
The Secretary of the Interior shall promulgate
regulations that establish appropriate environmental safeguards for the
exploration and production of oil and natural gas on the outer Continental
Shelf.
</text>
</subparagraph>
<subparagraph commented="no" id="HE4C073530FB54FD9AED8CB4577B58F0E">
<enum>
(B)
</enum>
<header>
Safety
protocols
</header>
<text>
All operations, including under any permit issued
pursuant to an application for a permit to drill or an application for a permit
to sidetrack, that has been approved by the Minerals Management Service or the
Bureau of Ocean Energy Management, Regulation and Enforcement, for purposes of
outer Continental Shelf energy exploration or development and production, shall
be carried out in accordance with the safety protocols contained in part 250 of
title 30, Code of Federal Regulations.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF274FA5710C3497CA807E24A1B449CBD">
<enum>
(2)
</enum>
<header>
Requirements
</header>
<text>
The
regulations shall include provisions ensuring that—
</text>
<subparagraph id="H33B9845FF37F4E9287C1435E191887B4">
<enum>
(A)
</enum>
<text>
no surface
facility shall be installed for the purpose of production of oil or gas
resources in any area that is within 10 miles from the shore of any coastal
State, in any area of the outer Continental Shelf that has not previously been
made available for oil and gas leasing;
</text>
</subparagraph>
<subparagraph id="H21F65A08744743DE8ED2A9B80109795F">
<enum>
(B)
</enum>
<text>
only temporary
surface facilities are installed for areas that are located—
</text>
<clause id="H936C3BA346F54794B7E8BF652D72A301">
<enum>
(i)
</enum>
<text>
beyond 10 miles
from the shore from the shore of any coastal State, in any area of the Outer
Continental Shelf that has not previously been made available for oil and gas
leasing; and
</text>
</clause>
<clause id="H0DF890733E834CB3A5C58FA7C9BD442C">
<enum>
(ii)
</enum>
<text>
not
more than 20 miles from the shore;
</text>
</clause>
</subparagraph>
<subparagraph id="H364489D9291545EEB898F46FB171DDAC">
<enum>
(C)
</enum>
<text>
the impact of
offshore production facilities on coastal vistas is otherwise mitigated;
and
</text>
</subparagraph>
<subparagraph id="HF682A499927A4BB7813842B3A6AB03A3">
<enum>
(D)
</enum>
<text>
onshore facilities
that are able to draw upon the resources of the outer Continental Shelf within
10 miles of shore are allowed.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HA751092D0BDE4742A49F3DD29DB9D9A7">
<enum>
(b)
</enum>
<header>
Conforming
amendment
</header>
<text>
Section 105 of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2006 (
<external-xref legal-doc="public-law" parsable-cite="pl/109/54">
Public Law 109–54
</external-xref>
;
119 Stat. 521) (as amended by section 103(d) of the Gulf of Mexico Energy
Security Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/43/1331">
43 U.S.C. 1331
</external-xref>
note;
<external-xref legal-doc="public-law" parsable-cite="pl/109/432">
Public Law 109–432
</external-xref>
)) is amended by
inserting
<quote>
and any other area that the Secretary of the Interior may
offer for leasing, preleasing, or any related activity under section 104 of
that Act
</quote>
after
<quote>
2006)
</quote>
.
</text>
</subsection>
</section>
</subtitle>
<subtitle id="H273E081A6F354E8F873BF7F96A1CE584">
<enum>
B
</enum>
<header>
Expedited Judicial
Review
</header>
<section id="H9980BCFAC8EE4F419BF35D65A3579505">
<enum>
121.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this subtitle:
</text>
<paragraph id="H846680EFBA5A457F9FB447A098F756FB">
<enum>
(1)
</enum>
<header>
Authorizing
leasing statute
</header>
<text>
The term
<quote>
authorizing leasing
statute
</quote>
means the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.), the Mineral Leasing Act (
<external-xref legal-doc="usc" parsable-cite="usc/30/181">
30 U.S.C. 181 et seq.
</external-xref>
), the Mineral Leasing Act
for Acquired Lands (
<external-xref legal-doc="usc" parsable-cite="usc/30/351">
30 U.S.C. 351 et seq.
</external-xref>
), and any other law of the United
States directing or authorizing the leasing of Federal lands for oil and gas
production or transmission.
</text>
</paragraph>
<paragraph id="H0CEB9A4899C8475EA622E0328FF5BA84">
<enum>
(2)
</enum>
<header>
Covered oil and
natural gas activity
</header>
<text>
The term
<quote>
covered oil and natural gas
activity
</quote>
means—
</text>
<subparagraph id="H3EB52EB140B64F01BEBCF846401653A3">
<enum>
(A)
</enum>
<text>
the leasing of any
lands pursuant to an authorizing leasing statute for the exploration,
development, production, processing, or transmission of oil, natural gas, or
associated hydrocarbons, including actions or decisions relating to the
selection of which lands may or shall be made available for such leasing;
and
</text>
</subparagraph>
<subparagraph id="H1FB6FB65C8F7492F8C8169381C85FC82">
<enum>
(B)
</enum>
<text>
any activity taken
or proposed to be taken pursuant or in relation to such leases, including their
suspension, and any environmental analyses relating to such activity.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H4B2264E02FF640509403F56B4C66C96A">
<enum>
122.
</enum>
<header>
Exclusive
jurisdiction over causes and claims relating to covered oil and natural gas
activities
</header>
<text display-inline="no-display-inline">
Notwithstanding any
other provision of law, any Federal action approving any covered oil and
natural gas activity shall be subject to judicial review only—
</text>
<paragraph id="HFCD8DA9C697B4FA3A7D11E2BACE6073F">
<enum>
(1)
</enum>
<text>
in the United
States Court of Appeals for the District of Columbia Circuit; and
</text>
</paragraph>
<paragraph id="H4B91B4307AE84DB68A74A5F9298A1070">
<enum>
(2)
</enum>
<text>
after the person
filing a petition seeking such judicial review has exhausted all available
administrative remedies with respect to such Federal action.
</text>
</paragraph>
</section>
<section id="HE2DA9AA0218B4E2CAAC743AB44D242F6">
<enum>
123.
</enum>
<header>
Time for filing
petition; standing
</header>
<subsection id="H2E3CF5D5ECB94AE28EB27B7E7E8BE306">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
All petitions referred to in section 122 must be filed
within 30 days after the latter of the challenged Federal action or the
exhaustion of all available administrative remedies with respect to such
Federal action. A claim or challenge shall be barred unless it is filed within
the time specified.
</text>
</subsection>
<subsection id="H59839CC8212C4BA0A49D988E1269625B">
<enum>
(b)
</enum>
<header>
Standing
</header>
<text>
No
person whose legal rights will not be directly and adversely affected by the
challenged action, and who is not within the zone of interest protected by each
Act under which the challenge is brought, shall have standing to file any
petition referred to in section 122.
</text>
</subsection>
</section>
<section id="H334ED84B33C84F7B8AAA691487940F75">
<enum>
124.
</enum>
<header>
Timetable
</header>
<text display-inline="no-display-inline">
The United States Court of Appeals for the
District of Columbia Circuit shall complete all judicial review, including
rendering a judgment, before the end of the 120-day period beginning on the
date on which a petition referred to in section 122 is filed, unless all
parties to such proceeding agree to an extension of such period.
</text>
</section>
<section id="HBA5D5F67390542E5902124FC95F8066A">
<enum>
125.
</enum>
<header>
Limitation on
scope of review and relief
</header>
<subsection id="H94AE28B1B645459AB66EB3E226815587">
<enum>
(a)
</enum>
<header>
Administrative
findings and conclusions
</header>
<text>
In any judicial review referred to in
section 122, any administrative findings and conclusions relating to the
challenged Federal action shall be presumed to be correct unless shown
otherwise by clear and convincing evidence contained in the administrative
record.
</text>
</subsection>
<subsection id="HFE04BBDDBA6442EDA1EFDC2F511C208C">
<enum>
(b)
</enum>
<header>
Limitation on
prospective relief
</header>
<text>
In any judicial review referred to in section
122, the Court shall not grant or approve any prospective relief unless the
court finds that such relief is narrowly drawn, extends no further than
necessary to correct the violation of a Federal law requirement, and is the
least intrusive means necessary to correct the violation concerned.
</text>
</subsection>
</section>
<section id="HF33A423019634F50917F4D10DF9F1FD4">
<enum>
126.
</enum>
<header>
Presidential
waiver
</header>
<text display-inline="no-display-inline">
Notwithstanding any
other provision of law, the President may waive any legal requirement relating
to the approval of any covered oil and natural gas activity if the President
determines in the President’s sole discretion that such activity is important
to the national interest and outweighs such legal requirement.
</text>
</section>
<section id="H03BA79C5B41A48D5B2D3AFBFF660CDA9">
<enum>
127.
</enum>
<header>
Legal
fees
</header>
<text display-inline="no-display-inline">
Any person filing a
petition referred to in section 122 who is not a prevailing party shall pay to
the prevailing parties (including intervening parties), other than the United
States, fees and other expenses incurred by that party in connection with the
judicial review, unless the Court finds that the position of the person was
substantially justified or that special circumstances make an award
unjust.
</text>
</section>
<section id="H4BF1A2BFE7FF4D2C966BB90B2364C454">
<enum>
128.
</enum>
<header>
Exclusion
</header>
<text display-inline="no-display-inline">
Section 122 shall not apply to disputes
between the parties to a lease issued pursuant to an authorizing leasing
statute regarding the obligations of such lease or the alleged breach
thereof.
</text>
</section>
</subtitle>
<subtitle id="H1ECCE474E93B4FC3AF794E98D97ACA3E">
<enum>
C
</enum>
<header>
Other Energy
Provisions
</header>
<section id="H5FC302EB5EDE47AAA6D09D0404A77886">
<enum>
131.
</enum>
<header>
Policies
regarding buying and building American
</header>
<subsection id="HE6388CBEEBD348B28BCAA47A6FEA309E">
<enum>
(a)
</enum>
<header>
Intent of
Congress
</header>
<text>
It is the intent of the Congress that this Act, among
other things, result in a healthy and growing American industrial,
manufacturing, transportation, and service sector employing the vast talents of
America’s workforce to assist in the development of energy from domestic
sources. Moreover, the Congress intends to monitor the deployment of personnel
and material onshore and offshore to encourage the development of American
technology and manufacturing to enable United States workers to benefit from
this Act by good jobs and careers, as well as the establishment of important
industrial facilities to support expanded access to American resources.
</text>
</subsection>
<subsection id="H5A53BDB781154D1E98B62FB7031789E3">
<enum>
(b)
</enum>
<header>
Safeguard for
extraordinary ability
</header>
<text>
Section 30(a) of the Outer Continental
Shelf Lands Act (
<external-xref legal-doc="usc" parsable-cite="usc/43/1356">
43 U.S.C. 1356(a)
</external-xref>
) is amended in the matter preceding
paragraph (1) by striking
<quote>
regulations which
</quote>
and inserting
<quote>
regulations that shall be supplemental and complimentary with and under
no circumstances a substitution for the provisions of the Constitution and laws
of the United States extended to the subsoil and seabed of the outer
Continental Shelf pursuant to section 4 of this Act, except insofar as such
laws would otherwise apply to individuals who have extraordinary ability in the
sciences, arts, education, or business, which has been demonstrated by
sustained national or international acclaim, and that
</quote>
.
</text>
</subsection>
<subsection id="HE2829016F61741749880147CFBD8FF62">
<enum>
(c)
</enum>
<header>
Work
standards
</header>
<text>
All construction, repair, or alteration of public
buildings and public works of the Government and buildings or works financed or
otherwise assisted in whole or in part under this Act by a loan, loan
guarantee, grant, annual contribution, credit enhancement, or any other form of
Federal assistance authorized under this Act shall be performed in accordance
with the standards applicable to comparable activity under any other provision
of law, without regard to the form or type of Federal assistance provided
thereunder.
</text>
</subsection>
</section>
</subtitle>
</title>
<title id="H89DA2CFFCFDC48EAA645C666041EC845">
<enum>
II
</enum>
<header>
Modifying the
Strategic Petroleum Reserve and Funding Conservation and Energy Research and
Development
</header>
<section id="HFB80D0BE35FD431DB59382BC425D2861">
<enum>
201.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
Congress finds the following:
</text>
<paragraph id="HC502BD716BD849F387CFEC3C94C545B1">
<enum>
(1)
</enum>
<text>
The Strategic
Petroleum Reserve (SPR) was created by Congress in 1975, to protect the Nation
from any future oil supply disruptions. When the program was established,
United States refiners were capable of handling light crude and medium crude
and the makeup of the SPR matched this capacity. This is not the case
today.
</text>
</paragraph>
<paragraph id="H66D06D8222DA41B29A7791770162FA2C">
<enum>
(2)
</enum>
<text>
A
GAO analysis found that nearly half of the refineries considered vulnerable to
supply disruptions are not compatible with the types of oil currently stored in
the SPR and would be unable to maintain normal refining capacity if forced to
rely on SPR oil as currently constituted, thereby reducing the effectiveness of
the SPR in the event of a supply disruption. GAO concluded that the SPR should
be comprised of at least 10 percent heavy crude.
</text>
</paragraph>
<paragraph id="H0A865363E2CE4B03BAC502B33FD20B45">
<enum>
(3)
</enum>
<text>
This Act
implements the GAO recommendation and dedicates funds received from the
transactions to existing energy conservation, research, and assistance
programs.
</text>
</paragraph>
</section>
<section id="HD5B84139DBD84427B272828865CDF259">
<enum>
202.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this title—
</text>
<paragraph id="HDD25385219D046A7A1E7ADCC70B851D6">
<enum>
(1)
</enum>
<text>
the term
<quote>
light grade petroleum
</quote>
means crude oil with an API gravity of 35
degrees or higher;
</text>
</paragraph>
<paragraph id="HD44AA967786B43E0A9B609D0B672C63D">
<enum>
(2)
</enum>
<text>
the term
<quote>
heavy grade petroleum
</quote>
means crude oil with an API gravity of 26
degrees or lower; and
</text>
</paragraph>
<paragraph id="HF7CA0569F9C942E18AB715940AEDDF30">
<enum>
(3)
</enum>
<text>
the term
<quote>
Secretary
</quote>
means the Secretary of Energy.
</text>
</paragraph>
</section>
<section id="HBBBA701CD8EC409AB7FBE62559C9D743">
<enum>
203.
</enum>
<header>
Objectives
</header>
<text display-inline="no-display-inline">
The objectives of this title are as
follows:
</text>
<paragraph id="H15F3E49CFA9442F591943670691C38B2">
<enum>
(1)
</enum>
<text>
To modernize the
composition of the Strategic Petroleum Reserve to reflect the current
processing capabilities of refineries in the United States.
</text>
</paragraph>
<paragraph id="H0E7209AE9C85451FAF29B06B876FF0DC">
<enum>
(2)
</enum>
<text>
To provide
increased funding to accelerate conservation, energy research and development,
and assistance through existing programs.
</text>
</paragraph>
</section>
<section id="HD084ADC1F1CA402BA402D16A109F0CA0">
<enum>
204.
</enum>
<header>
Modification of
the Strategic Petroleum Reserve
</header>
<text display-inline="no-display-inline">
Notwithstanding section 161 of the Energy
Policy and Conservation Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/6241">
42 U.S.C. 6241
</external-xref>
), the Secretary shall publish a
plan not later than 30 days after the date of enactment of this Act to—
</text>
<paragraph id="H0757C452DFEE41A58A1B8759B4805622">
<enum>
(1)
</enum>
<text>
exchange as soon
as possible light grade petroleum from the Strategic Petroleum Reserve, in an
amount equal to 10 percent of the total number of barrels of crude oil in the
Reserve as of the date of enactment of this Act, for an equivalent volume of
heavy grade petroleum plus any additional cash bonus bids received that reflect
the difference in the market value between light grade petroleum and heavy
grade petroleum and the timing of deliveries of the heavy grade petroleum;
</text>
</paragraph>
<paragraph id="HAA07DF00BF3E47A086BB3FF20FF72301">
<enum>
(2)
</enum>
<text>
from the gross
proceeds of the cash bonus bids, deposit the amount necessary to pay for the
direct administrative and operational costs of the exchange into the SPR
Petroleum Account established under section 167 of the Energy Policy and
Conservation Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/6247">
42 U.S.C. 6247
</external-xref>
); and
</text>
</paragraph>
<paragraph id="H96822D1FB948443D826C47734F398C61">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
deposit 90 percent of the remaining net
proceeds from the exchange into the Infrastructure Renewal Reserve established
in section 107.
</text>
</paragraph>
</section>
</title>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 787 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Murphy of Pennsylvania introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on the Judiciary , Energy and Commerce , Rules , the Budget , and Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To greatly enhance America’s path toward energy independence and economic and national security, to rebuild our Nation’s aging roads, bridges, locks, and dams, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Infrastructure Jobs and Energy Independence Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Offshore Leasing and Other Energy Provisions Subtitle A—Offshore Leasing Sec. 101. Leasing program considered approved. Sec. 102. Lease sales. Sec. 103. Seaward boundaries of States. Sec. 104. Military operations. Sec. 105. Coordination with Adjacent States. Sec. 106. Gulf of Mexico oil and gas. Sec. 107. Sharing of revenues. Sec. 108. Inventory of offshore energy resources. Sec. 109. Prohibitions on surface occupancy and other appropriate environmental safeguards. Subtitle B—Expedited Judicial Review Sec. 121. Definitions. Sec. 122. Exclusive jurisdiction over causes and claims relating to covered oil and natural gas activities. Sec. 123. Time for filing petition; standing. Sec. 124. Timetable. Sec. 125. Limitation on scope of review and relief. Sec. 126. Presidential waiver. Sec. 127. Legal fees. Sec. 128. Exclusion. Subtitle C—Other Energy Provisions Sec. 131. Policies regarding buying and building American. Title II—Modifying the Strategic Petroleum Reserve and Funding Conservation and Energy Research and Development Sec. 201. Findings. Sec. 202. Definitions. Sec. 203. Objectives. Sec. 204. Modification of the Strategic Petroleum Reserve. I Offshore Leasing and Other Energy Provisions A Offshore Leasing 101. Leasing program considered approved (a) In general The Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010–2015 issued by the Secretary of the Interior (referred to in this section as the Secretary ) under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) is considered to have been approved by the Secretary as a final oil and gas leasing program under that section, and is considered to be in full compliance with and in accordance with all requirements of the Outer Continental Shelf Lands Act. (b) Final environmental impact statement The Secretary is considered to have issued a final environmental impact statement for the program described in subsection (a) in accordance with all requirements under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (c) Correction of dates The Secretary of the Interior shall update the dates and deadlines proscribed in the program described in subsection (a) to reflect the time that has passed between the date the program was issued and the date of enactment of this Act. 102. Lease sales (a) Outer continental shelf (1) In general Except as provided in paragraph (2), not later than 30 days after the date of enactment of this Act and every 270 days thereafter, the Secretary of the Interior (referred to in this section as the Secretary ) shall conduct a lease sale in each outer Continental Shelf planning area for which the Secretary determines that there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf. (2) Subsequent determinations and sales If the Secretary determines that there is not a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in a planning area under this subsection, not later than 2 years after the date of enactment of the determination and every 2 years thereafter, the Secretary shall— (A) determine whether there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the planning area; and (B) if the Secretary determines that there is a commercial interest described in subparagraph (A), conduct a lease sale in the planning area. (b) Renewable energy and mariculture The Secretary may conduct commercial lease sales of resources owned by the United States— (1) to produce renewable energy (as defined in section 203(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 15852(b) )); or (2) to cultivate marine organisms in the natural habitat of the organisms. 103. Seaward boundaries of States (a) Seaward boundaries Section 4 of the Submerged Lands Act ( 43 U.S.C. 1312 ) is amended by striking three geographical miles each place it appears and inserting 9 nautical miles . (b) Conforming amendments Section 2 of the Submerged Lands Act ( 43 U.S.C. 1301 ) is amended— (1) in subsection (a)(2), by striking three geographical miles and inserting 9 nautical miles ; and (2) in subsection (b)— (A) by striking three geographical miles and inserting 9 nautical miles ; and (B) by striking three marine leagues and inserting 9 nautical miles . (c) Effect of amendments (1) In general Subject to paragraphs (2) through (4), the amendments made by this section shall not affect Federal oil and gas mineral rights and should not affect the States’ current authority within existing State boundaries. (2) Existing leases The amendments made by this section shall not affect any Federal oil and gas lease in effect on the date of enactment of this Act. (3) Taxation (A) In general A State may exercise all of the sovereign powers of taxation of the State within the entire extent of the seaward boundaries of the State (as extended by the amendments made by this section). (B) Limitation Nothing in this paragraph affects the authority of a State to tax any Federal oil and gas lease in effect on the date of enactment of this Act. 104. Military operations The Secretary shall consult with the Secretary of Defense regarding military operations needs in the Outer Continental Shelf. The Secretary shall work with the Secretary of Defense to resolve any conflicts that might arise between such operations and leasing under this section. If the Secretaries are unable to resolve all such conflicts, any unresolved issues shall be referred by the Secretaries to the President in a timely fashion for immediate resolution. 105. Coordination with Adjacent States Section 19 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1345 ) is amended— (1) in subsection (a) in the first sentence by inserting , for any tract located within the Adjacent State’s Adjacent Zone, after government ; and (2) by adding the following: (f) (1) Prior to issuing a permit or approval for the construction of a pipeline to transport crude oil, natural gas or associated liquids production withdrawn from oil and gas leases on the outer Continental Shelf, a Federal agency must seek the concurrence of the Adjacent State if the pipeline is to transit the Adjacent State’s Adjacent Zone between the outer Continental Shelf and landfall. No State may prohibit construction of such a pipeline within its Adjacent Zone or its State waters. However, an Adjacent State may require routing of such a pipeline to one of two alternate landfall locations in the Adjacent State, designated by the Adjacent State, located within 60 miles on either side of a proposed landfall location. (2) In this subsection: (A) The term Adjacent State means, with respect to any program, plan, lease sale, leased tract or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted. For purposes of this subparagraph, the term State includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, and the other territories of the United States. (B) The term Adjacent Zone means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the outer Continental Shelf for which the laws of a particular Adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States. . 106. Gulf of Mexico oil and gas (a) Repeal Section 104 of division C of the Tax Relief and Health Care Act of 2006 (Public Law 109–432; 120 Stat. 3003) is repealed. (b) Leasing plan for the Eastern Gulf of Mexico Pursuant to sections 101 and 102 of this Act, the Secretary of the Interior shall issue a final leasing plan for the Eastern Gulf of Mexico within 180 days after the date of enactment of this Act for all areas where there exists commercial interest in purchasing Federal oil and gas leases for production. 107. Sharing of revenues (a) In general Section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)) is amended— (1) in paragraph (2) by striking Notwithstanding and inserting Except as provided in paragraph (6), and notwithstanding ; (2) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9); and (3) by inserting after paragraph (5) the following: (6) Bonus bids and royalties under qualified leases (A) New leases Of amounts received by the United States as bonus bids, royalties, rentals, and other sums collected under any new qualified lease on submerged lands made available for leasing under this Act by the enactment of the Infrastructure Jobs and Energy Independence Act — (i) 30 percent shall be paid to the States that are producing States with respect to those submerged lands that are located within the seaward boundaries of such a State established under section 4(a)(2)(A); (ii) 10 percent shall be deposited in the general fund of the Treasury used solely for paying off the national debt; and (iii) 60 percent shall be deposited in the Infrastructure Renewal Reserve established by paragraph (7). (B) Leased tract that lies partially within the seaward boundaries of a state In the case of a leased tract that lies partially within the seaward boundaries of a State, the amounts of bonus bids and royalties from such tract that are subject to subparagraph (A)(ii) with respect to such State shall be a percentage of the total amounts of bonus bids and royalties from such tract that is equivalent to the total percentage of surface acreage of the tract that lies within such seaward boundaries. (C) Use of payments to states Amounts paid to a State under subparagraph (A)(ii) shall be used by the State for one or more of the following: (i) Education. (ii) Transportation. (iii) Coastal restoration, environmental restoration, and beach replenishment. (iv) Energy infrastructure. (v) Renewable energy development. (vi) Energy efficiency and conservation. (vii) Any other purpose determined by State law. (D) Definitions In this paragraph: (i) Adjacent state The term Adjacent State means, with respect to any program, plan, lease sale, leased tract or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted. (ii) Adjacent zone The term Adjacent Zone means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the outer Continental Shelf for which the laws of a particular Adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States. (iii) Producing state The term producing State means an Adjacent State having an Adjacent Zone containing leased tracts from which are derived bonus bids and royalties under a lease under this Act. (iv) State The term State includes Puerto Rico and the other territories of the United States. (v) Qualified lease The term qualified lease means a natural gas or oil lease made available under this Act granted after the date of the enactment of the Infrastructure Jobs and Energy Independence Act , for an area that is available for leasing as a result of enactment of section 101 of that Act. (E) Application This paragraph shall apply to bonus bids and royalties received by the United States under qualified leases after implementation of sections 105 and 106 of the Infrastructure Jobs and Energy Independence Act . (F) Existing revenues All revenues including revenues, including bonus bids, royalties, rentals, and other sums, collected from leases issued under this Act prior to the enactment Infrastructure Jobs and Energy Independence Act , shall not be affected by the provisions of that Act. (7) Establishment of reserve accounts (A) In general For budgetary purposes, there is established as a separate account to receive deposits under paragraph (6)(A)— (i) the Infrastructure Renewal Reserve which shall be applied to offset the costs of— (I) Federal-aid highway and highway safety construction programs carried out by the Secretary of Transportation; (II) public transportation programs carried out by the Secretary of Transportation; (III) water resources development construction projects carried out by the Secretary of the Army (acting through the Chief of Engineers); and (IV) legislation enacted after the date of the enactment of the Infrastructure Jobs and Energy Independence Act for purposes of investment in transportation infrastructure; and (ii) the Clean Water Reserve, to first, offset the cost of construction programs under the Clean Water Act or the 1996 Amendments to the Safe Drinking Water Act that provide assistance, such as grants, matching grants, and no- and low-interest loans, to State, county, and local governments to rebuild and modernize clean water and sewage infrastructure. (B) Deposit of balance from SPR Petroleum Account In addition to deposits under paragraph (6)(A), the Secretary shall transfer to the Infrastructure Renewal Reserve the balance of funds in the SPR Petroleum Account on the date of enactment of this Act in excess of $10,000,000. (C) Procedure for adjustments (i) Budget committee chairman After the reporting of a bill or joint resolution, or the offering of an amendment thereto or the submission of a conference report thereon, providing funding for the purposes set forth in clause (i) or (ii) of subparagraph (A) in excess of the sum of amount of the deposits under paragraph (6)(A) for those purposes for fiscal year 2013 and funds deposited under subparagraph (B) of this paragraph, the chairman of the Committee on the Budget of the applicable House of Congress shall make the adjustments set forth in clause (ii) for the amount of new budget authority and outlays in that measure and the outlays flowing from that budget authority. (ii) Matters to be adjusted The adjustments referred to in clause (i) are to be made to— (I) the discretionary spending limits, if any, set forth in the appropriate concurrent resolution on the budget; (II) the allocations made pursuant to the appropriate concurrent resolution on the budget pursuant to section 302(a) of the Congressional Budget Act of 1974; and (III) the budget aggregates contained in the appropriate concurrent resolution on the budget as required by section 301(a) of the Congressional Budget Act of 1974. (iii) Amounts of adjustments The adjustments referred to in clauses (i) and (ii) shall not exceed the receipts estimated by the Congressional Budget Office that are attributable to this Act for the fiscal year in which the adjustments are made. (8) Maintenance of effort by States The Secretary of the Interior, the Secretary of Health and Human Services, the Secretary of Energy, and any other Federal official with authority to implement legislation referred to in paragraph (6)(A) shall ensure that financial assistance provided to a State under that legislation for any purpose with amounts made available under this subsection or in any legislation with respect to which paragraph (7) applies supplement, and do not replace, the amounts expended by the State for that purpose before the date of the enactment of the Infrastructure Jobs and Energy Independence Act . (9) Distributions for Federal-aid highway or highway safety construction program To the extent practicable, amounts made available for a Federal-aid highway or highway safety construction program, the costs of which are offset by application of the Infrastructure Renewal Reserve, shall be distributed using the apportionment formula that applies to that program. . (b) Establishment of State Seaward Boundaries Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1333(a)(2)(A) ) is amended in the first sentence by striking , and the President and all that follows through the end of the sentence and inserting the following: . Such extended lines are deemed to be as indicated on the maps for each Outer Continental Shelf region entitled Alaska OCS Region State Adjacent Zone and OCS Planning Areas , Pacific OCS Region State Adjacent Zones and OCS Planning Areas , Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas , and Atlantic OCS Region State Adjacent Zones and OCS Planning Areas , all of which are dated September 2005 and on file in the Office of the Director, Minerals Management Service. The preceding sentence shall not apply with respect to the treatment under section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ) of qualified outer Continental Shelf revenues deposited and disbursed under subsection (a)(2) of that section. . 108. Inventory of offshore energy resources (a) In general The Secretary of the Interior (in this section referred to as the Secretary ) shall promptly prepare an inventory of offshore energy resources of the United States, including through conduct of geological and geophysical explorations by private industry in all of the United States outer Continental Shelf areas of the Atlantic Ocean and the Pacific Ocean under part 251 of title 30, Code of Federal Regulations (or successor regulations). (b) Environmental studies Not later than 180 days after the date of enactment of this Act, the Secretary shall complete any environmental studies necessary to gather information essential to an accurate inventory, including geological and geophysical explorations under part 251 of title 30, Code of Federal Regulations (or successor regulations). (c) Effect on oil and gas leasing No inventory that is conducted under this section or any other Federal law (including regulations) shall restrict, limit, delay, or otherwise adversely affect— (1) the development of any Outer Continental Shelf leasing program under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ); or (2) any leasing, exploration, development, or production of any Federal offshore oil and gas leases. (d) Funding (1) In general The Secretary of the Treasury shall make a one-time transfer to the Secretary, without further appropriation and from royalties collected by the United States in conjunction with the production of oil and gas, of such sums as are necessary for the Secretary to carry out this section. (2) Limitation The amount transferred under paragraph (1) shall not exceed $50,000,000. 109. Prohibitions on surface occupancy and other appropriate environmental safeguards (a) Regulations (1) In general (A) environmental safeguards The Secretary of the Interior shall promulgate regulations that establish appropriate environmental safeguards for the exploration and production of oil and natural gas on the outer Continental Shelf. (B) Safety protocols All operations, including under any permit issued pursuant to an application for a permit to drill or an application for a permit to sidetrack, that has been approved by the Minerals Management Service or the Bureau of Ocean Energy Management, Regulation and Enforcement, for purposes of outer Continental Shelf energy exploration or development and production, shall be carried out in accordance with the safety protocols contained in part 250 of title 30, Code of Federal Regulations. (2) Requirements The regulations shall include provisions ensuring that— (A) no surface facility shall be installed for the purpose of production of oil or gas resources in any area that is within 10 miles from the shore of any coastal State, in any area of the outer Continental Shelf that has not previously been made available for oil and gas leasing; (B) only temporary surface facilities are installed for areas that are located— (i) beyond 10 miles from the shore from the shore of any coastal State, in any area of the Outer Continental Shelf that has not previously been made available for oil and gas leasing; and (ii) not more than 20 miles from the shore; (C) the impact of offshore production facilities on coastal vistas is otherwise mitigated; and (D) onshore facilities that are able to draw upon the resources of the outer Continental Shelf within 10 miles of shore are allowed. (b) Conforming amendment Section 105 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 ( Public Law 109–54 ; 119 Stat. 521) (as amended by section 103(d) of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 )) is amended by inserting and any other area that the Secretary of the Interior may offer for leasing, preleasing, or any related activity under section 104 of that Act after 2006) . B Expedited Judicial Review 121. Definitions In this subtitle: (1) Authorizing leasing statute The term authorizing leasing statute means the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ), the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ), and any other law of the United States directing or authorizing the leasing of Federal lands for oil and gas production or transmission. (2) Covered oil and natural gas activity The term covered oil and natural gas activity means— (A) the leasing of any lands pursuant to an authorizing leasing statute for the exploration, development, production, processing, or transmission of oil, natural gas, or associated hydrocarbons, including actions or decisions relating to the selection of which lands may or shall be made available for such leasing; and (B) any activity taken or proposed to be taken pursuant or in relation to such leases, including their suspension, and any environmental analyses relating to such activity. 122. Exclusive jurisdiction over causes and claims relating to covered oil and natural gas activities Notwithstanding any other provision of law, any Federal action approving any covered oil and natural gas activity shall be subject to judicial review only— (1) in the United States Court of Appeals for the District of Columbia Circuit; and (2) after the person filing a petition seeking such judicial review has exhausted all available administrative remedies with respect to such Federal action. 123. Time for filing petition; standing (a) In general All petitions referred to in section 122 must be filed within 30 days after the latter of the challenged Federal action or the exhaustion of all available administrative remedies with respect to such Federal action. A claim or challenge shall be barred unless it is filed within the time specified. (b) Standing No person whose legal rights will not be directly and adversely affected by the challenged action, and who is not within the zone of interest protected by each Act under which the challenge is brought, shall have standing to file any petition referred to in section 122. 124. Timetable The United States Court of Appeals for the District of Columbia Circuit shall complete all judicial review, including rendering a judgment, before the end of the 120-day period beginning on the date on which a petition referred to in section 122 is filed, unless all parties to such proceeding agree to an extension of such period. 125. Limitation on scope of review and relief (a) Administrative findings and conclusions In any judicial review referred to in section 122, any administrative findings and conclusions relating to the challenged Federal action shall be presumed to be correct unless shown otherwise by clear and convincing evidence contained in the administrative record. (b) Limitation on prospective relief In any judicial review referred to in section 122, the Court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a Federal law requirement, and is the least intrusive means necessary to correct the violation concerned. 126. Presidential waiver Notwithstanding any other provision of law, the President may waive any legal requirement relating to the approval of any covered oil and natural gas activity if the President determines in the President’s sole discretion that such activity is important to the national interest and outweighs such legal requirement. 127. Legal fees Any person filing a petition referred to in section 122 who is not a prevailing party shall pay to the prevailing parties (including intervening parties), other than the United States, fees and other expenses incurred by that party in connection with the judicial review, unless the Court finds that the position of the person was substantially justified or that special circumstances make an award unjust. 128. Exclusion Section 122 shall not apply to disputes between the parties to a lease issued pursuant to an authorizing leasing statute regarding the obligations of such lease or the alleged breach thereof. C Other Energy Provisions 131. Policies regarding buying and building American (a) Intent of Congress It is the intent of the Congress that this Act, among other things, result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing the vast talents of America’s workforce to assist in the development of energy from domestic sources. Moreover, the Congress intends to monitor the deployment of personnel and material onshore and offshore to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act by good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources. (b) Safeguard for extraordinary ability Section 30(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356(a) ) is amended in the matter preceding paragraph (1) by striking regulations which and inserting regulations that shall be supplemental and complimentary with and under no circumstances a substitution for the provisions of the Constitution and laws of the United States extended to the subsoil and seabed of the outer Continental Shelf pursuant to section 4 of this Act, except insofar as such laws would otherwise apply to individuals who have extraordinary ability in the sciences, arts, education, or business, which has been demonstrated by sustained national or international acclaim, and that . (c) Work standards All construction, repair, or alteration of public buildings and public works of the Government and buildings or works financed or otherwise assisted in whole or in part under this Act by a loan, loan guarantee, grant, annual contribution, credit enhancement, or any other form of Federal assistance authorized under this Act shall be performed in accordance with the standards applicable to comparable activity under any other provision of law, without regard to the form or type of Federal assistance provided thereunder. II Modifying the Strategic Petroleum Reserve and Funding Conservation and Energy Research and Development 201. Findings Congress finds the following: (1) The Strategic Petroleum Reserve (SPR) was created by Congress in 1975, to protect the Nation from any future oil supply disruptions. When the program was established, United States refiners were capable of handling light crude and medium crude and the makeup of the SPR matched this capacity. This is not the case today. (2) A GAO analysis found that nearly half of the refineries considered vulnerable to supply disruptions are not compatible with the types of oil currently stored in the SPR and would be unable to maintain normal refining capacity if forced to rely on SPR oil as currently constituted, thereby reducing the effectiveness of the SPR in the event of a supply disruption. GAO concluded that the SPR should be comprised of at least 10 percent heavy crude. (3) This Act implements the GAO recommendation and dedicates funds received from the transactions to existing energy conservation, research, and assistance programs. 202. Definitions In this title— (1) the term light grade petroleum means crude oil with an API gravity of 35 degrees or higher; (2) the term heavy grade petroleum means crude oil with an API gravity of 26 degrees or lower; and (3) the term Secretary means the Secretary of Energy. 203. Objectives The objectives of this title are as follows: (1) To modernize the composition of the Strategic Petroleum Reserve to reflect the current processing capabilities of refineries in the United States. (2) To provide increased funding to accelerate conservation, energy research and development, and assistance through existing programs. 204. Modification of the Strategic Petroleum Reserve Notwithstanding section 161 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 ), the Secretary shall publish a plan not later than 30 days after the date of enactment of this Act to— (1) exchange as soon as possible light grade petroleum from the Strategic Petroleum Reserve, in an amount equal to 10 percent of the total number of barrels of crude oil in the Reserve as of the date of enactment of this Act, for an equivalent volume of heavy grade petroleum plus any additional cash bonus bids received that reflect the difference in the market value between light grade petroleum and heavy grade petroleum and the timing of deliveries of the heavy grade petroleum; (2) from the gross proceeds of the cash bonus bids, deposit the amount necessary to pay for the direct administrative and operational costs of the exchange into the SPR Petroleum Account established under section 167 of the Energy Policy and Conservation Act ( 42 U.S.C. 6247 ); and (3) deposit 90 percent of the remaining net proceeds from the exchange into the Infrastructure Renewal Reserve established in section 107. |
113-hr-788-ih-dtd | 113-hr-788 | 113 | hr | 788 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr788ih.xml | BILLS-113hr788ih.xml | 2023-01-08 17:37:52.275 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H3E347F59581340E1977C5DB638BC1118" public-private="public">
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113 HR 788 IH: Castle Clinton National Monument and Battery Castle Clinton National Monument and Battery Conservancy Partnership Act
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<dc:publisher>
U.S. House of Representatives
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<dc:date>
2013-02-15
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text/xml
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<dc:language>
EN
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<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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I
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<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 788
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="N000002">
Mr. Nadler
</sponsor>
introduced
the following bill; which was referred to the
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Committee on Natural
Resources
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To authorize the Secretary of the Interior to enter into
an agreement with the Battery Conservancy to construct and operate a
performance facility at Castle Clinton National Monument, and for other
purposes.
</official-title>
</form>
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1.
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<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Castle Clinton National Monument and
Battery Castle Clinton National Monument and Battery Conservancy Partnership
Act
</short-title>
</quote>
.
</text>
</section>
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2.
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<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act:
</text>
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<enum>
(1)
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<header>
Secretary
</header>
<text display-inline="yes-display-inline">
The term
<term>
Secretary
</term>
means the
Secretary of the Interior, acting through the Director of the National Park
Service.
</text>
</paragraph>
<paragraph id="HCE1B239461D04CAD931687EB8084DD46">
<enum>
(2)
</enum>
<header>
Battery
Conservancy
</header>
<text>
The term
<term>
Battery Conservancy
</term>
means the
battery Conservancy of New York City, New York, a 501(c)(3) organization, or a
successor not-for-profit organization.
</text>
</paragraph>
<paragraph id="H95064CDBCEDA46F4ACAEFAB43E863EF0">
<enum>
(3)
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<header>
Monument
</header>
<text>
The
term
<term>
Monument
</term>
means the Castle Clinton National Monument in New
York City, New York.
</text>
</paragraph>
<paragraph id="H2D6ACC5AF88E431C89F50F199F8DF5C4">
<enum>
(4)
</enum>
<header>
Facility
</header>
<text>
The
term
<term>
Facility
</term>
means the proposed performance facility and
associated structures and fixtures described in the 1997 General Management Pan
for the Castle Clinton National Monument.
</text>
</paragraph>
</section>
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<enum>
3.
</enum>
<header>
Agreement
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<enum>
(a)
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<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Secretary is
authorized to enter into one or more agreements with the Battery Conservancy
providing for the design, construction, maintenance, and operation of the
Facility.
</text>
</subsection>
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<enum>
(b)
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<header>
Terms and
conditions
</header>
<text>
Any agreement entered into under subsection (a) shall
assure that—
</text>
<paragraph id="HFEC5C910BAA64275861408E2A3DA5D7D">
<enum>
(1)
</enum>
<text>
the Battery
Conservancy is solely responsible for all costs of design and construction of
the Facility;
</text>
</paragraph>
<paragraph id="H5FE9F216150D4C978EB4A1F6912A26F4">
<enum>
(2)
</enum>
<text>
the Battery
Conservancy is solely responsible for all costs of operating and maintaining
the Facility, except as may be otherwise agreed to by the Secretary;
</text>
</paragraph>
<paragraph id="HE8C4AB8B610C4DBE9399399DDA67334E">
<enum>
(3)
</enum>
<text>
the Battery
Conservancy shall reimburse the National Park Service for all National Park
Service costs incurred in association with the Battery Conservancy’s activities
at the Facility, including the cost of providing security, utilities, and
inspections;
</text>
</paragraph>
<paragraph id="HA935BDAA06484A48B6666FBA05D3F0B1">
<enum>
(4)
</enum>
<text>
the Battery
Conservancy may conduct, or allow others to conduct, performances and
educational programs at the Facility, as the Secretary determines
appropriate;
</text>
</paragraph>
<paragraph id="H126BCFFBEB18432784B84121498E98FE">
<enum>
(5)
</enum>
<text>
the Battery
Conservancy may sell performance tickets and conduct related revenue-generating
activities at the Monument such as sales of food, beverages, and merchandise in
such a manner and at such rates as the Secretary determines appropriate;
</text>
</paragraph>
<paragraph id="HC2B34A8463DF444EBDBE569C7DB311DE">
<enum>
(6)
</enum>
<text>
any proceeds
received by the Battery Conservancy from the revenue-generating activities
described in this subsection shall be, as determined by the Secretary in
consultation with the Battery Conservancy—
</text>
<subparagraph id="H76212BB0D9264DBB991A774E01D30E96">
<enum>
(A)
</enum>
<text>
used by the
Battery Conservancy for operation and maintenance of the Facility;
</text>
</subparagraph>
<subparagraph id="H2A0523BC29784CEE9EB8ABA7A237ACDA">
<enum>
(B)
</enum>
<text>
held in reserve,
in an interest-bearing account, by the Battery Conservancy to pay future
operational and maintenance costs;
</text>
</subparagraph>
<subparagraph id="HB90C6F19720E4A7BA28AFF8382D435E9">
<enum>
(C)
</enum>
<text>
used by the
Battery Conservancy for other Monument-related activities; or
</text>
</subparagraph>
<subparagraph id="H86F62437F05C41B0A6AB2001E616D992">
<enum>
(D)
</enum>
<text>
transferred to the
National Park Service for use in operating, maintaining, enhancing, or
interpreting the Monument;
</text>
</subparagraph>
</paragraph>
<paragraph id="HAE60101A25714A2BBDE585CFE47FC838">
<enum>
(7)
</enum>
<text>
the National Park
Service has exclusive use of the Facility during normal Monument operating
hours, except as otherwise agreed to by the Secretary; and
</text>
</paragraph>
<paragraph id="H689E5B197F0545039163360B93F788C6">
<enum>
(8)
</enum>
<text>
the resources of
the Monument, and the public interest, are protected through any terms and
conditions that the Secretary deems necessary.
</text>
</paragraph>
</subsection>
</section>
<section id="HD7C2746E90294134A901BFC7719E3DA6">
<enum>
4.
</enum>
<header>
Retention of
funds for park purposes
</header>
<text display-inline="no-display-inline">
The
Secretary is authorized to retain and use until expended, without further
appropriation, any funds that are received by the Secretary from the Battery
Conservancy in accordance with this Act, for the purposes of operating,
maintaining, enhancing, or interpreting the Monument.
</text>
</section>
<section id="H30D0B1CF208D43F8A4CA2233F04DAD58">
<enum>
5.
</enum>
<header>
Interpretive and
educational programs
</header>
<text display-inline="no-display-inline">
Notwithstanding the Federal Grant and
Cooperative Agreement Act of 1977 (
<external-xref legal-doc="usc" parsable-cite="usc/31/6301">
31 U.S.C. 6301–6308
</external-xref>
), the Secretary may
enter into a cooperative agreement with the Battery Conservancy for
interpretive and educational programming related to the Monument, which may
include operation and maintenance costs of the Facility related to such
programming.
</text>
</section>
<section id="H2822FD784C234D25B0E4777EBFEEA5AA">
<enum>
6.
</enum>
<header>
Ownership and
administration of facility
</header>
<subsection id="HF3D7274E89DF4D7790D50815E200AD1E">
<enum>
(a)
</enum>
<header>
Ownership
</header>
<text display-inline="yes-display-inline">
The Facility shall be owned by the United
States and at no time shall the Battery Conservancy have any ownership
interest, leasehold interest, or other right or interest in the
Facility.
</text>
</subsection>
<subsection id="HABEDC900A8D54BBEA50AF7B8586FEFF5">
<enum>
(b)
</enum>
<header>
Administration
</header>
<text>
The
Facility shall be administered by the National Park Service as part of the
Monument and shall be subject to all laws, regulations, and policies applicable
to the Monument except as otherwise provided this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 788 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Nadler introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to enter into an agreement with the Battery Conservancy to construct and operate a performance facility at Castle Clinton National Monument, and for other purposes.
1. Short title This Act may be cited as the Castle Clinton National Monument and Battery Castle Clinton National Monument and Battery Conservancy Partnership Act . 2. Definitions In this Act: (1) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service. (2) Battery Conservancy The term Battery Conservancy means the battery Conservancy of New York City, New York, a 501(c)(3) organization, or a successor not-for-profit organization. (3) Monument The term Monument means the Castle Clinton National Monument in New York City, New York. (4) Facility The term Facility means the proposed performance facility and associated structures and fixtures described in the 1997 General Management Pan for the Castle Clinton National Monument. 3. Agreement (a) In general The Secretary is authorized to enter into one or more agreements with the Battery Conservancy providing for the design, construction, maintenance, and operation of the Facility. (b) Terms and conditions Any agreement entered into under subsection (a) shall assure that— (1) the Battery Conservancy is solely responsible for all costs of design and construction of the Facility; (2) the Battery Conservancy is solely responsible for all costs of operating and maintaining the Facility, except as may be otherwise agreed to by the Secretary; (3) the Battery Conservancy shall reimburse the National Park Service for all National Park Service costs incurred in association with the Battery Conservancy’s activities at the Facility, including the cost of providing security, utilities, and inspections; (4) the Battery Conservancy may conduct, or allow others to conduct, performances and educational programs at the Facility, as the Secretary determines appropriate; (5) the Battery Conservancy may sell performance tickets and conduct related revenue-generating activities at the Monument such as sales of food, beverages, and merchandise in such a manner and at such rates as the Secretary determines appropriate; (6) any proceeds received by the Battery Conservancy from the revenue-generating activities described in this subsection shall be, as determined by the Secretary in consultation with the Battery Conservancy— (A) used by the Battery Conservancy for operation and maintenance of the Facility; (B) held in reserve, in an interest-bearing account, by the Battery Conservancy to pay future operational and maintenance costs; (C) used by the Battery Conservancy for other Monument-related activities; or (D) transferred to the National Park Service for use in operating, maintaining, enhancing, or interpreting the Monument; (7) the National Park Service has exclusive use of the Facility during normal Monument operating hours, except as otherwise agreed to by the Secretary; and (8) the resources of the Monument, and the public interest, are protected through any terms and conditions that the Secretary deems necessary. 4. Retention of funds for park purposes The Secretary is authorized to retain and use until expended, without further appropriation, any funds that are received by the Secretary from the Battery Conservancy in accordance with this Act, for the purposes of operating, maintaining, enhancing, or interpreting the Monument. 5. Interpretive and educational programs Notwithstanding the Federal Grant and Cooperative Agreement Act of 1977 ( 31 U.S.C. 6301–6308 ), the Secretary may enter into a cooperative agreement with the Battery Conservancy for interpretive and educational programming related to the Monument, which may include operation and maintenance costs of the Facility related to such programming. 6. Ownership and administration of facility (a) Ownership The Facility shall be owned by the United States and at no time shall the Battery Conservancy have any ownership interest, leasehold interest, or other right or interest in the Facility. (b) Administration The Facility shall be administered by the National Park Service as part of the Monument and shall be subject to all laws, regulations, and policies applicable to the Monument except as otherwise provided this Act. |
113-hr-789-ih-dtd | 113-hr-789 | 113 | hr | 789 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr789ih.xml | BILLS-113hr789ih.xml | 2023-01-08 17:37:51.732 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H65B8D8D117154832B480977A3E3ED2AF" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 789 IH: Build America Bonds Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-15
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 789
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="N000015">
Mr. Neal
</sponsor>
(for
himself,
<cosponsor name-id="L000263">
Mr. Levin
</cosponsor>
,
<cosponsor name-id="R000053">
Mr. Rangel
</cosponsor>
,
<cosponsor name-id="M000404">
Mr. McDermott
</cosponsor>
,
<cosponsor name-id="L000287">
Mr. Lewis
</cosponsor>
,
<cosponsor name-id="B000287">
Mr. Becerra
</cosponsor>
,
<cosponsor name-id="T000460">
Mr. Thompson of California
</cosponsor>
,
<cosponsor name-id="L000557">
Mr. Larson of Connecticut
</cosponsor>
,
<cosponsor name-id="B000574">
Mr. Blumenauer
</cosponsor>
,
<cosponsor name-id="K000188">
Mr. Kind
</cosponsor>
,
<cosponsor name-id="P000096">
Mr. Pascrell
</cosponsor>
,
<cosponsor name-id="C001038">
Mr.
Crowley
</cosponsor>
,
<cosponsor name-id="S001162">
Ms. Schwartz
</cosponsor>
,
<cosponsor name-id="D000096">
Mr. Danny K. Davis of Illinois
</cosponsor>
, and
<cosponsor name-id="S001156">
Ms. Linda T. Sánchez of California
</cosponsor>
)
introduced the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Internal Revenue Code of 1986 to permanently
extend the tax treatment for certain build America bonds, and for other
purposes.
</official-title>
</form>
<legis-body id="H89697324C7854F5292952DF4EE69FAA1" style="OLC">
<section id="H730C0E5D45DA41FEB99F5BA3BABA79CA" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Build America Bonds Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section display-inline="no-display-inline" id="HDDA5C866BF9A4A65BABD46C754CC994F">
<enum>
2.
</enum>
<header>
Build America
Bonds made permanent
</header>
<subsection id="H2E0516DAA22B4AB8910A792AB2E75670">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Subparagraph (B) of
<external-xref legal-doc="usc" parsable-cite="usc/26/54AA">
section 54AA(d)(1)
</external-xref>
of the Internal Revenue Code of 1986 is amended by inserting
<quote>
or during a period beginning on or after the date of the enactment of
the
<short-title>
Build America Bonds Act of
2013
</short-title>
,
</quote>
after
<quote>
January 1, 2011,
</quote>
.
</text>
</subsection>
<subsection id="HBA88D53386B9441F878F062F560742C5">
<enum>
(b)
</enum>
<header>
Reduction in
credit percentage to bondholders
</header>
<text>
Subsection (b) of section 54AA
of such Code is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H4B7329E8578E4F4091FE3A305495853B" style="OLC">
<subsection id="H586172823655460E8DCD2C82E459423C">
<enum>
(b)
</enum>
<header>
Amount of
credit
</header>
<paragraph id="HF7F6948052B945A6BB417A00EC399D13">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The amount of the credit determined under this subsection
with respect to any interest payment date for a build America bond is the
applicable percentage of the amount of interest payable by the issuer with
respect to such date.
</text>
</paragraph>
<paragraph id="H112D68A888094EF39CB0BFD6B993B99B">
<enum>
(2)
</enum>
<header>
Applicable
percentage
</header>
<text>
For purposes of paragraph (1), the applicable
percentage shall be determined under the following table:
</text>
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.0" subformat="S6211" table-template-name="Flush/hang, 1 text, 1 num, bold hds" table-type="subformat">
<tgroup cols="2" rowsep="0">
<colspec coldef="txt" colname="column1" colwidth="249pts" min-data-value="250"/>
<colspec coldef="fig" colname="column2" colwidth="179pts" min-data-value="5"/>
<thead>
<row>
<entry align="left" colname="column1" morerows="0" namest="column1" rowsep="0">
<bold>
In the case of a bond
issued
</bold>
</entry>
<entry align="right" colname="column2" morerows="0" namest="column2" rowsep="0">
<bold>
The applicable
</bold>
</entry>
</row>
<row>
<entry align="left" colname="column1" morerows="0" namest="column1" rowsep="0">
<bold>
during calendar year:
</bold>
</entry>
<entry align="right" colname="column2" morerows="0" namest="column2" rowsep="0">
<bold>
percentage is:
</bold>
</entry>
</row>
</thead>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
2009 or
2010
</entry>
<entry align="right" colname="column2" leader-modify="clr-ldr" rowsep="0">
35
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
2013
</entry>
<entry align="right" colname="column2" leader-modify="clr-ldr" rowsep="0">
32
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
2014
</entry>
<entry align="right" colname="column2" leader-modify="clr-ldr" rowsep="0">
31
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
2015
</entry>
<entry align="right" colname="column2" leader-modify="clr-ldr" rowsep="0">
30
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
2016
</entry>
<entry align="right" colname="column2" leader-modify="clr-ldr" rowsep="0">
29
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
2017 and
thereafter
</entry>
<entry align="right" colname="column2" leader-modify="clr-ldr" rowsep="0">
28.
</entry>
</row>
</tbody>
</tgroup>
</table>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H9A8006635782494182D230ACC508B77F">
<enum>
(c)
</enum>
<header>
Extension of
payments to issuers
</header>
<paragraph id="H665FA94B3F99446ABFF3395E05D3FDD4">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 6431 of such
Code is amended—
</text>
<subparagraph id="H260B5DE8708D437BA152F68EFEBE71D0">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by inserting
<quote>
or during a period
beginning on or after the date of the enactment of the
<short-title>
Build America Bonds Act of
2013
</short-title>
,
</quote>
after
<quote>
January 1, 2011,
</quote>
in subsection
(a), and
</text>
</subparagraph>
<subparagraph id="HFE99C432DF544A839F4F8ABDCC665530">
<enum>
(B)
</enum>
<text>
by striking
<quote>
before January 1, 2011
</quote>
in subsection (f)(1)(B) and inserting
<quote>
during a particular period
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3793F85948094EF393AA36E84474BA30">
<enum>
(2)
</enum>
<header>
Conforming
amendments
</header>
<text>
Subsection (g) of section 54AA of such Code is
amended—
</text>
<subparagraph id="H9CA83D4DCB324A01928DDF5A82DF31E8">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by inserting
<quote>
or during a period
beginning on or after the date of the enactment of the
<short-title>
Build America Bonds Act of
2013
</short-title>
,
</quote>
after
<quote>
January 1, 2011,
</quote>
, and
</text>
</subparagraph>
<subparagraph id="HF9126C8997C14022BBC734FBAF520B00">
<enum>
(B)
</enum>
<text>
by striking
<quote>
<header-in-text level="subsection" style="OLC">
qualified bonds issued
before 2011
</header-in-text>
</quote>
in the heading and inserting
<quote>
<header-in-text level="subsection" style="OLC">
certain qualified
bonds
</header-in-text>
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HAB3D67D85BCD4FE5A16AA063A6928A3B">
<enum>
(d)
</enum>
<header>
Reduction in
percentage of payments to issuers
</header>
<text>
Subsection (b) of section 6431
of such Code is amended—
</text>
<paragraph id="H92D33BB0499149CCA0B69EC361B84322">
<enum>
(1)
</enum>
<text>
by striking
<quote>
The Secretary
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6D95CCB5508D454DBC79CD83ED01FA33" style="OLC">
<paragraph id="HC1634D9BDA9B4354AECF9FF1E1F9F54E">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The
Secretary
</text>
</paragraph>
<after-quoted-block>
,
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H020D18BE0DCC4FF592695EE20FACF07C">
<enum>
(2)
</enum>
<text>
by striking
<quote>
35 percent
</quote>
and inserting
<quote>
the applicable
percentage
</quote>
, and
</text>
</paragraph>
<paragraph id="HBE2894D5691F4616BC0AAC936C7E9270">
<enum>
(3)
</enum>
<text>
by adding at the
end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HBA095F81EC084681B6A01BFC2C75C120" style="OLC">
<paragraph id="H1A649C9BCB454EE3BE968DC5F7180A45">
<enum>
(2)
</enum>
<header>
Applicable
percentage
</header>
<text display-inline="yes-display-inline">
For purposes of
this subsection, the term
<term>
applicable percentage
</term>
means the
percentage determined in accordance with the following table:
</text>
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.0" subformat="S6211" table-template-name="Flush/hang, 1 text, 1 num, bold hds" table-type="subformat">
<tgroup cols="2" rowsep="0">
<colspec coldef="txt" colname="column1" colwidth="274.50pt" min-data-value="250"/>
<colspec coldef="fig" colname="column2" colwidth="153.50pt" min-data-value="5"/>
<thead>
<row>
<entry align="left" colname="column1" morerows="0" namest="column1" rowsep="0">
<bold>
In the case of a qualified bond
</bold>
</entry>
<entry align="right" colname="column2" morerows="0" namest="column2" rowsep="0">
<bold>
The applicable
</bold>
</entry>
</row>
<row>
<entry align="left" colname="column1" morerows="0" namest="column1" rowsep="0">
<bold>
issued during calendar
year:
</bold>
</entry>
<entry align="right" colname="column2" morerows="0" namest="column2" rowsep="0">
<bold>
percentage is:
</bold>
</entry>
</row>
</thead>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
2009 or
2010
</entry>
<entry align="right" colname="column2" leader-modify="clr-ldr" rowsep="0">
35
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
2013
</entry>
<entry align="right" colname="column2" leader-modify="clr-ldr" rowsep="0">
32
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
2014
</entry>
<entry align="right" colname="column2" leader-modify="clr-ldr" rowsep="0">
31
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
2015
</entry>
<entry align="right" colname="column2" leader-modify="clr-ldr" rowsep="0">
30
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
2016
</entry>
<entry align="right" colname="column2" leader-modify="clr-ldr" rowsep="0">
29
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" rowsep="0" stub-definition="txt-ldr">
2017 and
thereafter
</entry>
<entry align="right" colname="column2" leader-modify="clr-ldr" rowsep="0">
28.
</entry>
</row>
</tbody>
</tgroup>
</table>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HE91FF5F346FF4B2B8DB6A3E8288D37CA">
<enum>
(e)
</enum>
<header>
Current
refundings permitted
</header>
<text>
Subsection (g) of section 54AA of such Code
is amended by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H1578980709384CA7A6970347BD40241B" style="OLC">
<paragraph id="H1A2759ED480D45859BAC6C7910091DAC">
<enum>
(3)
</enum>
<header>
Treatment of
current refunding bonds
</header>
<subparagraph id="H7BCD358B22FC4AEDB45FCEB5814AF923">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
For purposes of this subsection, the term
<term>
qualified
bond
</term>
includes any bond (or series of bonds) issued to refund a qualified
bond if—
</text>
<clause id="H2D5CF574C9594ECDAD31D6ED19D4E49B">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
the average maturity date of the issue of
which the refunding bond is a part is not later than the average maturity date
of the bonds to be refunded by such issue,
</text>
</clause>
<clause id="H7EEB06EB8E2F418D85636DB9DCAA6028">
<enum>
(ii)
</enum>
<text>
the amount of the
refunding bond does not exceed the outstanding amount of the refunded bond,
and
</text>
</clause>
<clause id="H615E6BBDB1FC47B1A60D7F39918F408C">
<enum>
(iii)
</enum>
<text>
the refunded
bond is redeemed not later than 90 days after the date of the issuance of the
refunding bond.
</text>
</clause>
</subparagraph>
<subparagraph id="H4DAB8C279FC741EB9B10C7D6F3F2704D">
<enum>
(B)
</enum>
<header>
Applicable
percentage
</header>
<text>
In the case of a refunding bond referred to in
subparagraph (A), the applicable percentage with respect to such bond under
section 6431(b) shall be the lowest percentage specified in paragraph (2) of
such section.
</text>
</subparagraph>
<subparagraph id="H26F3B63F93F344A2B0BCCF5BCC6B331D">
<enum>
(C)
</enum>
<header>
Determination of
average maturity
</header>
<text>
For purposes of subparagraph (A)(i), average
maturity shall be determined in accordance with section 147(b)(2)(A).
</text>
</subparagraph>
<subparagraph id="HDD61A4AD215B4FBEB75EEED36B9D5362">
<enum>
(D)
</enum>
<header>
Issuance
restriction not applicable
</header>
<text display-inline="yes-display-inline">
Subsection (d)(1)(B) shall not apply to a
refunding bond referred to in subparagraph
(A).
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HFA235659280A43418EAB0611B8286166">
<enum>
(f)
</enum>
<header>
Clarification
related to levees and flood control projects
</header>
<text display-inline="yes-display-inline">
Subparagraph (A) of section 54AA(g)(2) of
such Code is amended by inserting
<quote>
(including capital expenditures for
levees and other flood control projects)
</quote>
after
<quote>
capital
expenditures
</quote>
.
</text>
</subsection>
<subsection id="HC0B0EA3BCA8F4CD1BFD539A0C87A7F64">
<enum>
(g)
</enum>
<header>
Gross-Up of
payment to issuers in case of sequestration
</header>
<text>
In the case of any
payment under
<external-xref legal-doc="usc" parsable-cite="usc/26/6431">
section 6431(b)
</external-xref>
of the Internal Revenue Code of 1986 made after
the date of the enactment of this Act to which sequestration applies, the
amount of such payment shall be increased to an amount equal to—
</text>
<paragraph id="H187490671D284DC5A467FB380316F554">
<enum>
(1)
</enum>
<text>
such payment
(determined before such sequestration), multiplied by
</text>
</paragraph>
<paragraph id="HDA1AFA0F821247798FA06D6DC852876F">
<enum>
(2)
</enum>
<text>
the quotient
obtained by dividing 1 by the amount by which 1 exceeds the percentage
reduction in such payment pursuant to such sequestration.
</text>
</paragraph>
<continuation-text continuation-text-level="subsection">
For
purposes of this subsection, the term
<quote>
sequestration
</quote>
means any
reduction in direct spending ordered in accordance with a sequestration report
prepared by the Director of the Office and Management and Budget pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985 or the Statutory
Pay-As-You-Go Act of 2010.
</continuation-text>
</subsection>
<subsection id="HB1A47FF3B54646778C63E7CBC2591BED">
<enum>
(h)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by this section shall apply to
obligations issued on or after the date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 789 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Neal (for himself, Mr. Levin , Mr. Rangel , Mr. McDermott , Mr. Lewis , Mr. Becerra , Mr. Thompson of California , Mr. Larson of Connecticut , Mr. Blumenauer , Mr. Kind , Mr. Pascrell , Mr. Crowley , Ms. Schwartz , Mr. Danny K. Davis of Illinois , and Ms. Linda T. Sánchez of California ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to permanently extend the tax treatment for certain build America bonds, and for other purposes.
1. Short title This Act may be cited as the Build America Bonds Act of 2013 . 2. Build America Bonds made permanent (a) In general Subparagraph (B) of section 54AA(d)(1) of the Internal Revenue Code of 1986 is amended by inserting or during a period beginning on or after the date of the enactment of the Build America Bonds Act of 2013 , after January 1, 2011, . (b) Reduction in credit percentage to bondholders Subsection (b) of section 54AA of such Code is amended to read as follows: (b) Amount of credit (1) In general The amount of the credit determined under this subsection with respect to any interest payment date for a build America bond is the applicable percentage of the amount of interest payable by the issuer with respect to such date. (2) Applicable percentage For purposes of paragraph (1), the applicable percentage shall be determined under the following table: In the case of a bond issued The applicable during calendar year: percentage is: 2009 or 2010 35 2013 32 2014 31 2015 30 2016 29 2017 and thereafter 28. . (c) Extension of payments to issuers (1) In general Section 6431 of such Code is amended— (A) by inserting or during a period beginning on or after the date of the enactment of the Build America Bonds Act of 2013 , after January 1, 2011, in subsection (a), and (B) by striking before January 1, 2011 in subsection (f)(1)(B) and inserting during a particular period . (2) Conforming amendments Subsection (g) of section 54AA of such Code is amended— (A) by inserting or during a period beginning on or after the date of the enactment of the Build America Bonds Act of 2013 , after January 1, 2011, , and (B) by striking qualified bonds issued before 2011 in the heading and inserting certain qualified bonds . (d) Reduction in percentage of payments to issuers Subsection (b) of section 6431 of such Code is amended— (1) by striking The Secretary and inserting the following: (1) In general The Secretary , (2) by striking 35 percent and inserting the applicable percentage , and (3) by adding at the end the following new paragraph: (2) Applicable percentage For purposes of this subsection, the term applicable percentage means the percentage determined in accordance with the following table: In the case of a qualified bond The applicable issued during calendar year: percentage is: 2009 or 2010 35 2013 32 2014 31 2015 30 2016 29 2017 and thereafter 28. . (e) Current refundings permitted Subsection (g) of section 54AA of such Code is amended by adding at the end the following new paragraph: (3) Treatment of current refunding bonds (A) In general For purposes of this subsection, the term qualified bond includes any bond (or series of bonds) issued to refund a qualified bond if— (i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, (ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and (iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. (B) Applicable percentage In the case of a refunding bond referred to in subparagraph (A), the applicable percentage with respect to such bond under section 6431(b) shall be the lowest percentage specified in paragraph (2) of such section. (C) Determination of average maturity For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). (D) Issuance restriction not applicable Subsection (d)(1)(B) shall not apply to a refunding bond referred to in subparagraph (A). . (f) Clarification related to levees and flood control projects Subparagraph (A) of section 54AA(g)(2) of such Code is amended by inserting (including capital expenditures for levees and other flood control projects) after capital expenditures . (g) Gross-Up of payment to issuers in case of sequestration In the case of any payment under section 6431(b) of the Internal Revenue Code of 1986 made after the date of the enactment of this Act to which sequestration applies, the amount of such payment shall be increased to an amount equal to— (1) such payment (determined before such sequestration), multiplied by (2) the quotient obtained by dividing 1 by the amount by which 1 exceeds the percentage reduction in such payment pursuant to such sequestration. For purposes of this subsection, the term sequestration means any reduction in direct spending ordered in accordance with a sequestration report prepared by the Director of the Office and Management and Budget pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or the Statutory Pay-As-You-Go Act of 2010. (h) Effective date The amendments made by this section shall apply to obligations issued on or after the date of the enactment of this Act. |
113-hr-790-ih-dtd | 113-hr-790 | 113 | hr | 790 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr790ih.xml | BILLS-113hr790ih.xml | 2023-01-08 17:37:51.856 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 790 IH: Outsourcing Accountability Act of 2013
</dc:title>
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U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-15
</dc:date>
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text/xml
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EN
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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I
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<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 790
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="P000595">
Mr. Peters of
Michigan
</sponsor>
(for himself,
<cosponsor name-id="B001242">
Mr. Bishop of New
York
</cosponsor>
, and
<cosponsor name-id="M001166">
Mr. McNerney
</cosponsor>
)
introduced the following bill; which was referred to the
<committee-name committee-id="HBA00">
Committee on Financial
Services
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Securities Exchange Act of 1934 to require
the disclosure of the total number of a company’s domestic and foreign
employees.
</official-title>
</form>
<legis-body id="H0C43591815D04AD3B8EA08C3A0907204" style="OLC">
<section id="HF477517012E74E3BA04635AF8571B311" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Outsourcing Accountability Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="HC769E8F27E734FCC8A29431B2458C051">
<enum>
2.
</enum>
<header>
Required
disclosure of number of domestic and foreign employees
</header>
<text display-inline="no-display-inline">
Section 13 of the Securities Exchange Act of
1934 (
<external-xref legal-doc="usc" parsable-cite="usc/15/78m">
15 U.S.C. 78m
</external-xref>
) is amended by adding at the end the following new
subsection:
</text>
<quoted-block display-inline="no-display-inline" id="HD135ABAA8A0145138797D415BC3B5616" style="OLC">
<subsection id="H38A1AECF53F9448C8260BCEA55EC3FC1">
<enum>
(s)
</enum>
<header>
Disclosure of
number of domestic and foreign employees
</header>
<paragraph id="H25A3ABE9BC324C3AA89FB2955E8543C2">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Beginning the first full fiscal year that begins after
the date of enactment of this subsection, each issuer required to file reports
with the Commission pursuant to subsection (a) shall disclose annually to the
Commission and to shareholders—
</text>
<subparagraph id="H23EB6F6F4A984C0EB6B57A7E5457A47E">
<enum>
(A)
</enum>
<text>
the total number
of employees of the issuer and each consolidated subsidiary of the issuer who
are domiciled in the United States and listed by number in each State;
</text>
</subparagraph>
<subparagraph id="H69730E0126DB4E88BBDD3538A42B7FE9">
<enum>
(B)
</enum>
<text>
the total number
of such employees physically working in and domiciled in any country other than
the United States, listed by number in each country; and
</text>
</subparagraph>
<subparagraph id="H450D09B4994649C09B943E653409111E">
<enum>
(C)
</enum>
<text>
the percentage
increase or decrease in the numbers required under subparagraphs (A) and (B)
from the previous reporting year.
</text>
</subparagraph>
</paragraph>
<paragraph id="H35D74938E4554D2C936F395C872EE5D7">
<enum>
(2)
</enum>
<header>
Exemptions
</header>
<subparagraph id="HEBC001B0A22D487694499B22242DBCDA">
<enum>
(A)
</enum>
<header>
Newer public
companies
</header>
<text>
An issuer shall not be subject to the requirement under
paragraph (1) for the first 5 years after the issuer is first required to file
reports with the Commission pursuant to subsection (a).
</text>
</subparagraph>
<subparagraph id="HD1DB756211AE4E628F216391F07A80B0">
<enum>
(B)
</enum>
<header>
Smaller
companies
</header>
<text display-inline="yes-display-inline">
An issuer that had
total annual gross revenues of less than $1,000,000,000 during its most
recently completed fiscal year shall not be subject to the requirement under
paragraph (1).
</text>
</subparagraph>
</paragraph>
<paragraph id="H82CD32AD510844D4BB16B63D4914C3F6">
<enum>
(3)
</enum>
<header>
Regulations
</header>
<text>
The
Commission may promulgate such regulations as it considers necessary to
implement the requirement set forth in paragraph
(1).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 790 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Peters of Michigan (for himself, Mr. Bishop of New York , and Mr. McNerney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Exchange Act of 1934 to require the disclosure of the total number of a company’s domestic and foreign employees.
1. Short title This Act may be cited as the Outsourcing Accountability Act of 2013 . 2. Required disclosure of number of domestic and foreign employees Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended by adding at the end the following new subsection: (s) Disclosure of number of domestic and foreign employees (1) In general Beginning the first full fiscal year that begins after the date of enactment of this subsection, each issuer required to file reports with the Commission pursuant to subsection (a) shall disclose annually to the Commission and to shareholders— (A) the total number of employees of the issuer and each consolidated subsidiary of the issuer who are domiciled in the United States and listed by number in each State; (B) the total number of such employees physically working in and domiciled in any country other than the United States, listed by number in each country; and (C) the percentage increase or decrease in the numbers required under subparagraphs (A) and (B) from the previous reporting year. (2) Exemptions (A) Newer public companies An issuer shall not be subject to the requirement under paragraph (1) for the first 5 years after the issuer is first required to file reports with the Commission pursuant to subsection (a). (B) Smaller companies An issuer that had total annual gross revenues of less than $1,000,000,000 during its most recently completed fiscal year shall not be subject to the requirement under paragraph (1). (3) Regulations The Commission may promulgate such regulations as it considers necessary to implement the requirement set forth in paragraph (1). . |
113-hr-791-ih-dtd | 113-hr-791 | 113 | hr | 791 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr791ih.xml | BILLS-113hr791ih.xml | 2023-01-08 17:37:51.978 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 791 IH: Continuum of Learning Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-15
</dc:date>
<dc:format>
text/xml
</dc:format>
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EN
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 791
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="P000598">
Mr. Polis
</sponsor>
(for
himself and
<cosponsor name-id="Y000033">
Mr. Young of Alaska
</cosponsor>
)
introduced the following bill; which was referred to the
<committee-name committee-id="HED00">
Committee on Education and the
Workforce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend titles I and II of the Elementary and Secondary
Education Act of 1965 to strengthen connections to early childhood education
programs, and for other purposes.
</official-title>
</form>
<legis-body id="HBF85805B575F4B348DFDC316035C4703" style="OLC">
<section id="HE6FD9EE834DC4279814BCF483E3BD211" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Continuum of Learning Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="H2A17E2523995441B803B6F8017868AE3">
<enum>
2.
</enum>
<header>
Table of
contents
</header>
<text display-inline="no-display-inline">
The table of contents
for this Act is as follows:
</text>
<toc>
<toc-entry idref="HE6FD9EE834DC4279814BCF483E3BD211" level="section">
Sec. 1. Short title.
</toc-entry>
<toc-entry idref="H2A17E2523995441B803B6F8017868AE3" level="section">
Sec. 2. Table of contents.
</toc-entry>
<toc-entry idref="HCE4C47CDABD04AC4B043BD241663C36E" level="section">
Sec. 3. References.
</toc-entry>
<toc-entry idref="HBC54292A6A7C42B0A6CD7EE638BACC6E" level="section">
Sec. 4. Findings.
</toc-entry>
<toc-entry idref="H8A6A6AD222784CD48C232F24E1DDFC3E" level="title">
TITLE I—Improving the academic achievement of the
disadvantaged
</toc-entry>
<toc-entry idref="HFDD9D78DB96441DAB228405FF48F1703" level="section">
Sec. 101. Statement of purpose.
</toc-entry>
<toc-entry idref="HCF044D313F124658802D6B2283EA1BAA" level="section">
Sec. 102. School improvement.
</toc-entry>
<toc-entry idref="H172ED706C17F475EA78A7041D693BC18" level="section">
Sec. 103. State plans.
</toc-entry>
<toc-entry idref="HECB9C9433C8F4949972E884945A21DB1" level="section">
Sec. 104. Local educational agency plans.
</toc-entry>
<toc-entry idref="HF430383384EB4F84BC1F513B883F79CC" level="section">
Sec. 105. Academic assessment and local educational agency and
school improvement.
</toc-entry>
<toc-entry idref="HD8A1278A9E7943CBA86FF7E27C4B660D" level="section">
Sec. 106. Qualifications for teachers and
paraprofessionals.
</toc-entry>
<toc-entry idref="HF60B9803B5B24BD29B12E3236C77F743" level="section">
Sec. 107. Coordination requirements.
</toc-entry>
<toc-entry idref="H5CE1EA8411A345F9A831CF58681A91CF" level="section">
Sec. 108. Prohibited use of assessments for young
children.
</toc-entry>
<toc-entry idref="H927507B2CB2743AD9CB451F8903F46C8" level="title">
TITLE II—Preparing, training, and recruiting high-quality
teachers and principals
</toc-entry>
<toc-entry idref="H9CAF6DD738844A89A9BA4732E5A99BEC" level="section">
Sec. 201. Purpose.
</toc-entry>
<toc-entry idref="H8EA5B89F486343489EAFD8AF54D5E9F5" level="section">
Sec. 202. State applications.
</toc-entry>
<toc-entry idref="HD4C8BAA1760244D586A0EA824877B9F3" level="section">
Sec. 203. State use of funds.
</toc-entry>
<toc-entry idref="HBDD7E831A2E94B58BC18304C5368936D" level="section">
Sec. 204. Local applications and needs assessment.
</toc-entry>
<toc-entry idref="H76AACF4D05BE4005AF779C02E1851A00" level="section">
Sec. 205. Local use of funds.
</toc-entry>
<toc-entry idref="HF2AD537E246848C2ABB7662E8023F2B8" level="section">
Sec. 206. Definitions.
</toc-entry>
<toc-entry idref="H0364F1F5AF4548788C42375F095DD3DA" level="section">
Sec. 207. Use of funds for eligible partnerships.
</toc-entry>
<toc-entry idref="H2EB90F27B5BF4A4A9166BE992F9B15A6" level="title">
TITLE III—Miscellaneous
</toc-entry>
<toc-entry idref="H1910CB111D294DDC96A25975427F05E7" level="section">
Sec. 301. Definitions.
</toc-entry>
</toc>
</section>
<section id="HCE4C47CDABD04AC4B043BD241663C36E">
<enum>
3.
</enum>
<header>
References
</header>
<text display-inline="no-display-inline">
Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the Elementary and
Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/6301">
20 U.S.C. 6301 et seq.
</external-xref>
).
</text>
</section>
<section id="HBC54292A6A7C42B0A6CD7EE638BACC6E">
<enum>
4.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
Congress finds the following:
</text>
<paragraph id="HAFD701D0F4734976BF55180C59E237D2">
<enum>
(1)
</enum>
<text>
Research
conclusively shows that children's experiences in the early years of life
influence the developing brain and have a significant and lasting impact upon
their ability to succeed in school and in life.
</text>
</paragraph>
<paragraph id="HB61C12E364654A138F6FB5652A2FA68E">
<enum>
(2)
</enum>
<text>
All children
deserve access to high-quality early childhood education programs that support
their social, emotional, and cognitive development and help prepare them to
enter school ready to learn.
</text>
</paragraph>
<paragraph commented="no" id="H48A695BC886C4CC785206985F1780FE6">
<enum>
(3)
</enum>
<text>
Research
conclusively shows that high-quality early childhood education programs lead to
an increase in positive outcomes for children in multiple arenas,
including—
</text>
<subparagraph commented="no" id="H3DE0DB6F42EB4CE688D2D5C5B16279F0">
<enum>
(A)
</enum>
<text>
improved
socialization skills;
</text>
</subparagraph>
<subparagraph commented="no" id="H25F716F9E2644749A5E7E7E9CD765910">
<enum>
(B)
</enum>
<text>
higher early
reading and early mathematics skills;
</text>
</subparagraph>
<subparagraph commented="no" id="H86DB21017A11438989AE5BF1F6D8E200">
<enum>
(C)
</enum>
<text>
decreased grade
retention;
</text>
</subparagraph>
<subparagraph commented="no" id="H23C39FF6676143E48902C0CFB968EEC7">
<enum>
(D)
</enum>
<text>
decreased special
education or remedial education services, or both;
</text>
</subparagraph>
<subparagraph commented="no" id="H029CF2ACDB3846F19029C7D30D60D68F">
<enum>
(E)
</enum>
<text>
decreased
involvement with the juvenile justice system;
</text>
</subparagraph>
<subparagraph commented="no" id="H1F440CE2F5A741CDB5A487F9FC05C2D3">
<enum>
(F)
</enum>
<text>
increased
likelihood that children will graduate from high school; and
</text>
</subparagraph>
<subparagraph id="H20785CC54A9B4388AD8EF8BB0BCE9738">
<enum>
(G)
</enum>
<text display-inline="yes-display-inline">
increased likelihood of employment, thus
helping support America’s long-term national economic strength.
</text>
</subparagraph>
</paragraph>
<paragraph id="H16C885EA1A2D4FB99BB0ECB5898A38BF">
<enum>
(4)
</enum>
<text>
High-quality early
childhood education programs provide parents the means to work and be
financially responsible for their families.
</text>
</paragraph>
<paragraph id="H35D2EAAE967C46CAB6F3E747061C9313">
<enum>
(5)
</enum>
<text>
Research
conclusively shows the cost-effectiveness of investments in high-quality early
childhood education programs, with cost savings ranging from $7 to $17 for
every dollar invested.
</text>
</paragraph>
<paragraph id="HE75F4C4DCED74B8D8F48B4A395CDF5EC">
<enum>
(6)
</enum>
<text>
Aligning and
connecting Federal and State early education efforts with the Elementary and
Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/6301">
20 U.S.C. 6301 et seq.
</external-xref>
) is critical to
establishing quality care and learning opportunities for children, beginning at
birth and continuing through adulthood, thereby closing the achievement gap,
and improving high school graduation rates and college enrollment rates.
</text>
</paragraph>
<paragraph id="HC00FD7A776D34E09A2B8F49AE4DF8BCE">
<enum>
(7)
</enum>
<text>
Utilizing existing
partnerships, as well as instituting new partnerships, between high-quality
early childhood education programs, particularly in high-need communities, and
elementary schools will provide opportunities for meaningful transitions for
children and result in a successful elementary and secondary education
experience.
</text>
</paragraph>
<paragraph id="HE8DCC4CCAAF64C408F2086A8773401E7">
<enum>
(8)
</enum>
<text display-inline="yes-display-inline">
Under section 1112(b)(1)(K) of the
Elementary and Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/6312">
20 U.S.C. 6312(b)(1)(K)
</external-xref>
), local
educational agencies may, but are not required to, support preschool-age and
younger children through direct services or subcontracts with Head Start or
other early childhood programs, but more effort is required to ensure that
early learning programs and elementary schools are meeting the educational
needs of young children.
</text>
</paragraph>
<paragraph id="H4DC144636FBF4ADB8097B24E32330450">
<enum>
(9)
</enum>
<text>
There is
widespread acknowledgment among experts on child education that prior to
entrance in kindergarten, and in the early grades, children remain on a path of
development that requires attention to and support for their emotional, social,
and physical development and their creativity, curiosity and tenacity.
</text>
</paragraph>
<paragraph id="H0E2ADB1CA2674485B78D16F340F736E4">
<enum>
(10)
</enum>
<text display-inline="yes-display-inline">
Better alignment between early childhood
education programs and elementary schools, and greater support for elementary
school leadership in instituting more developmentally appropriate and
comprehensive learning approaches for young children, are widely acknowledged
within the education community as areas ripe for improvement that would lead to
better outcomes for children.
</text>
</paragraph>
<paragraph id="H2EB08BDF024346CC868C8487EF86822A">
<enum>
(11)
</enum>
<text>
Through several
laws enacted in the past 2 decades, Congress has signified its interest in
ensuring that young children’s learning opportunities are enhanced by requiring
States to develop and implement guidelines and standards to support
developmentally appropriate instruction across comprehensive domains of
learning.
</text>
</paragraph>
</section>
<title id="H8A6A6AD222784CD48C232F24E1DDFC3E">
<enum>
I
</enum>
<header>
Improving the
academic achievement of the disadvantaged
</header>
<section id="HFDD9D78DB96441DAB228405FF48F1703">
<enum>
101.
</enum>
<header>
Statement of
purpose
</header>
<text display-inline="no-display-inline">
Section 1001 (20
U.S.C. 6301) is amended—
</text>
<paragraph id="H997C2AEA6307413FA8C3E1531ADD84EA">
<enum>
(1)
</enum>
<text>
in paragraph
(1)—
</text>
<subparagraph id="HF9BA8FC79BD94C7E80E8EAA1A0C1E67D">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
and other types of
</quote>
after
<quote>
high-quality
academic
</quote>
;
</text>
</subparagraph>
<subparagraph id="H2E9B0A08DE134075AE2B137407376964">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
developmentally appropriate
</quote>
after
<quote>
challenging
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="H6E55FF992F9B462589EEBFDDA206185D">
<enum>
(C)
</enum>
<text>
by inserting
<quote>
and other learning
</quote>
after
<quote>
State academic
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H4ED3E63D996E46CB928198A83C3860E5">
<enum>
(2)
</enum>
<text>
in paragraph (3),
by inserting
<quote>
between students who are children with disabilities and
students without disabilities,
</quote>
after
<quote>
minority and nonminority
students,
</quote>
;
</text>
</paragraph>
<paragraph id="H0A7B07FBE260434CBB84E026D8A472C4">
<enum>
(3)
</enum>
<text>
in paragraph (6),
by inserting
<quote>
and other early learning guidelines
</quote>
after
<quote>
content standards
</quote>
; and
</text>
</paragraph>
<paragraph id="H17909158061D4BC19DB7E69D3866D7BE">
<enum>
(4)
</enum>
<text>
in paragraph (11),
by inserting
<quote>
with community-based providers of early childhood education
programs,
</quote>
after
<quote>
educational services,
</quote>
.
</text>
</paragraph>
</section>
<section id="HCF044D313F124658802D6B2283EA1BAA">
<enum>
102.
</enum>
<header>
School
improvement
</header>
<text display-inline="no-display-inline">
Section 1003(c)
(
<external-xref legal-doc="usc" parsable-cite="usc/20/6303">
20 U.S.C. 6303(c)
</external-xref>
) is amended—
</text>
<paragraph id="H2F1CD98F448D4BCC83DE4049A22C704F">
<enum>
(1)
</enum>
<text>
in paragraph (2),
by striking
<quote>
and
</quote>
after the semicolon;
</text>
</paragraph>
<paragraph id="HD34DEE8A3130417CB058ABCE5DBC7F0B">
<enum>
(2)
</enum>
<text>
in paragraph (3),
by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="H07E389BA6AB944C0A1A66EFF1C4A4F99">
<enum>
(3)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB6F3FD5948F14971B5C0B611BE7B5B08" style="OLC">
<paragraph id="H6B0F25E72F624A4FA66BA79B0F4F829E">
<enum>
(4)
</enum>
<text>
with respect to
the elementary schools served by the local educational agencies, demonstrate a
commitment to long-term, high-quality, evidence-based strategies for school
improvement through coordination with early childhood education programs and,
if available, early childhood home visitation programs, as described under
section 511 of the Social Security Act (42 U.S.C.
711).
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H172ED706C17F475EA78A7041D693BC18">
<enum>
103.
</enum>
<header>
State
plans
</header>
<text display-inline="no-display-inline">
Section 1111 (20 U.S.C.
6311) is amended—
</text>
<paragraph id="H1B53D719EDB449C9BEDB9C3BEDAECBEA">
<enum>
(1)
</enum>
<text>
in subsection
(a)(1), by striking
<quote>
and parents,
</quote>
and inserting
<quote>
parents,
the State Advisory Council on Early Childhood Education and Care designated or
established under section 642B of the Head Start Act and preschool through
grade 20 (P–20) councils, to the extent that such councils exist, and other
community-based providers of early childhood education
programs,
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="H834C279B7D854709B58D57C2725E2323">
<enum>
(2)
</enum>
<text>
in subsection
(b)(1)—
</text>
<subparagraph commented="no" id="H1232A77D6F224266ADF2A06B34E2CA99">
<enum>
(A)
</enum>
<text>
in subparagraph
(A), by striking
<quote>
standards and challenging student academic achievement
standards
</quote>
and inserting
<quote>
standards, student academic achievement
standards, and other learning standards (such as social, emotional, and
physical development and approaches to learning for children in the early
elementary grades and younger children) that are challenging and grounded in
the appropriate developmental expectations for children and
youth,
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="H60543DC3CB4A437E9EF4C550B4A5A689">
<enum>
(B)
</enum>
<text>
by redesignating
subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;
and
</text>
</subparagraph>
<subparagraph commented="no" id="H08B4AF2082A34272982B8707B9513866">
<enum>
(C)
</enum>
<text>
by inserting after
subparagraph (D) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HCC7A17FD138F4D4786851A1897A39230" style="OLC">
<subparagraph commented="no" id="H66F1073F6F654147BDD2A0CA121C07E6">
<enum>
(E)
</enum>
<header>
Early learning
guidelines and early grades standards
</header>
<text>
Not later than 3 years
after the date of enactment of the
<short-title>
Continuum
of Learning Act of 2013
</short-title>
, the State shall carry out the
following:
</text>
<clause commented="no" id="HC618031999364C928915CE9E8F1DB3F5">
<enum>
(i)
</enum>
<header>
Early learning
guidelines
</header>
<text>
In collaboration and agreement with the State Advisory
Council on Early Childhood Education and Care designated or established under
section 642B of the Head Start Act, the State agency designated to administer
State programs under the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.), and the State educational agency, shall complete a review
and create or revise, as necessary, the State's early learning guidelines for
young children in order to promote developmentally appropriate, high-quality
programs so that the guidelines—
</text>
<subclause id="HED129B1EEC5F4F679D81A548D9C02E03">
<enum>
(I)
</enum>
<text>
address infants,
toddlers, and preschool age children;
</text>
</subclause>
<subclause id="H35625CF44FD041E0AEFE1D29888F1C12">
<enum>
(II)
</enum>
<text>
are developed in
all domains of child development and learning, as appropriate, for each age
group (including language, literacy, mathematics, creative arts, science,
social studies, social and emotional development, physical development and
health, and approaches to learning);
</text>
</subclause>
<subclause id="H62F870B000944F46A9C565AC131310BF">
<enum>
(III)
</enum>
<text>
reflect research
and evidence-based developmental and learning expectations, including the
foundation for and progression in how children develop and learn the requisite
skills and content forward from one stage to the next, including what children
should know and be able to do;
</text>
</subclause>
<subclause id="H60B518E2C59C4B5584F3DC0528D204FD">
<enum>
(IV)
</enum>
<text>
address cultural,
linguistic, and ability diversity of young children;
</text>
</subclause>
<subclause id="H43A9535F5372460184B56E3052BC953D">
<enum>
(V)
</enum>
<text>
can inform
teaching practices, improve professional development, and support quality
services in early childhood education programs;
</text>
</subclause>
<subclause id="HCD8875C8FE6841DCACBC550E88979E69">
<enum>
(VI)
</enum>
<text>
are disseminated
to parents, educators, and other stakeholders; and
</text>
</subclause>
<subclause id="H1B56FB30E18F4D2C8860901C1FF5ECCD">
<enum>
(VII)
</enum>
<text>
for preschool
age children, appropriately assist in the transition of such children to
kindergarten; and
</text>
</subclause>
</clause>
<clause id="H23E44E68571A4D2A8C65170AFBF68AB8">
<enum>
(ii)
</enum>
<header>
early learning
standards
</header>
<text>
Review and revise, as needed, standards for
kindergarten through grade 3 to ensure that such standards—
</text>
<subclause commented="no" id="H68ED9862066E419EBD0A436AA4CD3111">
<enum>
(I)
</enum>
<text>
are developed in
all domains of child development and learning (including language, literacy,
mathematics, creative arts, science, social studies, social and emotional
development, physical development and health, and approaches to
learning);
</text>
</subclause>
<subclause commented="no" id="H4C7D3A4E74534E3EA98E780E57C8B552">
<enum>
(II)
</enum>
<text>
reflect research
and evidence-based development and learning expectations for each level and
address cultural, linguistic, and ability-level diversity; and
</text>
</subclause>
<subclause commented="no" id="HFF71F27FA3954ACE822D76C92771FC99">
<enum>
(III)
</enum>
<text>
across grade
levels, reflect progression in how children develop and learn the requisite
skills and content from earlier grades forward, including
preschool.
</text>
</subclause>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H55D21B1AFB144724BFADFC9A00057F18">
<enum>
(3)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H245AA3D6EAA041FC9AC0728B3CD6D143">
<enum>
(A)
</enum>
<text>
in paragraph (13),
by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subparagraph>
<subparagraph id="H8A836760A9A94EEBA74F157B5C23228C">
<enum>
(B)
</enum>
<text>
in paragraph (14),
by striking the period at the end and inserting
<quote>
; and
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="H1057976920424D8381DD4A5A167F258F">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5556CDA554D84213BD380B62F4CCC9AD" style="OLC">
<paragraph id="HA8A4EBEBD2F846A1AD887CC570C1CA7B">
<enum>
(15)
</enum>
<text display-inline="yes-display-inline">
using funds under this part, the State
educational agency will develop a plan to encourage local educational agencies
and individual elementary schools that are participating in a program assisted
under this part to offer early childhood education programs from birth to the
age of mandatory school entry in schools and other settings, such as child care
or Early Head Start or Head Start program carried out under the Head Start Act
(
<external-xref legal-doc="usc" parsable-cite="usc/42/9831">
42 U.S.C. 9831 et seq.
</external-xref>
), by disseminating information through publications,
conferences, and other events, that describe how such funds may best be used to
support such early childhood education programs and evidence-based and
promising early childhood home visitation programs, as described under section
511 of the Social Security Act (42 U.S.C.
711).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H5A32B2365C3842D099C96E8E800114B2">
<enum>
(4)
</enum>
<text>
in subsection
(d)—
</text>
<subparagraph id="H8C927374AA684D3683E00D6103ACD6E6">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subparagraph>
<subparagraph id="H2772D03D3940409BBCAFF635A0C63666">
<enum>
(B)
</enum>
<text>
in paragraph (2),
by striking the period at the end and inserting
<quote>
; and
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="HEB00EC7812194ABC8F2176779E03C319">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HEDDBD6A87A174F04AF6B07EE1242301C" style="OLC">
<paragraph id="HE1870573CBBF482583474745F62759A9">
<enum>
(3)
</enum>
<text>
reflect the
diversity of family cultures, structures, and
languages.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H0544F5CB242A439DABDAB98B76BA6BC0">
<enum>
(5)
</enum>
<text>
in subsection
(h)(2)(B)(i)—
</text>
<subparagraph id="H15C2FD741A3B48E9B71E287D348390EE">
<enum>
(A)
</enum>
<text>
in subclause (I),
by striking
<quote>
and
</quote>
after the semicolon; and
</text>
</subparagraph>
<subparagraph id="H7C62E4D5609440D5AA109258191C903A">
<enum>
(B)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3F21109817A84DA697BEBDD16F41BCAC" style="OLC">
<subclause id="H920FF597C6F648E18F136B330DD556B4">
<enum>
(III)
</enum>
<text>
information that
shows how children younger than the mandatory age of school entry are served
directly by the local educational agency, or through contract or other
collaboration with early childhood programs, including early childhood home
visitation programs, as described under section 511 of the Social Security Act
(
<external-xref legal-doc="usc" parsable-cite="usc/42/711">
42 U.S.C. 711
</external-xref>
), including—
</text>
<item commented="no" id="HE1934EB93B434DD38A269FCB405BCBAC">
<enum>
(aa)
</enum>
<text>
the number of
children served, disaggregated by income, race, and disability status;
</text>
</item>
<item commented="no" id="H9B7D20262D6849368F51304908678D4F">
<enum>
(bb)
</enum>
<text>
a description of
the services received; and
</text>
</item>
<item commented="no" id="HC1AEFAE6B2BB400297D3B1566231A01B">
<enum>
(cc)
</enum>
<text>
the amount each
local educational agency spent using grant funds awarded under this title on
services for such children; and
</text>
</item>
</subclause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H8001F431787A40CA95E022A33A9F2466">
<enum>
(6)
</enum>
<text>
by striking
subsection (l) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5DCF5E5A697E4B95A4BC5A854870BA30" style="OLC">
<subsection id="H40731E9CAE0B4248B7C92F2C0ADA908B">
<enum>
(l)
</enum>
<header>
Construction
</header>
<paragraph id="H6D8D988ABE074CD1BD817979AEE1FA94">
<enum>
(1)
</enum>
<header>
Student
Promotion or Graduation
</header>
<text>
Nothing in this part shall be construed
to prescribe the use of the academic assessments described in this part for
student promotion or graduation purposes.
</text>
</paragraph>
<paragraph id="HE13183F63D3746019192CC1D5E81A603">
<enum>
(2)
</enum>
<header>
Compulsory
Education and Special Education Services
</header>
<text>
Nothing in this title
shall be construed to limit a child's right to compulsory education under State
law, or to special education and related services under the Individuals with
Disabilities Education
Act.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HECB9C9433C8F4949972E884945A21DB1">
<enum>
104.
</enum>
<header>
Local
educational agency plans
</header>
<text display-inline="no-display-inline">
Section 1112 (
<external-xref legal-doc="usc" parsable-cite="usc/20/6312">
20 U.S.C. 6312
</external-xref>
) is amended as
follows:
</text>
<paragraph id="H5AF209002684411C9769D8085C653222">
<enum>
(1)
</enum>
<header>
General plan
provisions
</header>
<text>
Subsection (b)(1) is amended as follows:
</text>
<subparagraph id="HFBB1F453042F44F09705FEE9C4FFD373">
<enum>
(A)
</enum>
<header>
Joint
professional development
</header>
<text>
In subparagraph (D), by inserting
<quote>
and joint high-quality, evidence-based professional development between
preschool through grade 3 teachers in Head Start programs and, as feasible,
other community-based early childhood education programs,
</quote>
after
<quote>
teachers and principals,
</quote>
.
</text>
</subparagraph>
<subparagraph id="HBE16A24F48FA4F6BBD4BD260B24900E0">
<enum>
(B)
</enum>
<header>
Ready school
needs review
</header>
<text>
By amending subparagraph (E) to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="H56595BF17B074CBBAFCD74DDC2DE7369" style="OLC">
<subparagraph id="H1F2DC907F93049D595E7027FF09C7FD1">
<enum>
(E)
</enum>
<text>
a description of
how the local educational agency will assist each elementary school that is
served by the local educational agency and that receives assistance under this
part, in conducting, not less often than once every 3 years (depending on the
needs of the school), a ready school needs review that—
</text>
<clause id="HF4AA0BF643F1431598D8B9CA6CC38216">
<enum>
(i)
</enum>
<text>
will be used by
the school in developing and implementing policies and procedures that create a
school environment and classroom practices that—
</text>
<subclause id="H5AFA0571277B40509C1408E25BCD5633">
<enum>
(I)
</enum>
<text>
support each child
in meeting State and grade level expectations and challenges, including the
academic content standards and academic achievement standards under section
1111(b); and
</text>
</subclause>
<subclause id="H92117CF0963C4D279FA91ABB799DDEA4">
<enum>
(II)
</enum>
<text>
support
successful transitions for children; and
</text>
</subclause>
</clause>
<clause id="H0D637ACE0CAC4559BECC557D86C590E9">
<enum>
(ii)
</enum>
<text>
includes, at a
minimum, the needs of the school regarding—
</text>
<subclause id="HB08D762CEA174005A97D19033D5DF367">
<enum>
(I)
</enum>
<text>
the use of
developmentally appropriate (including culturally and linguistically
appropriate) curricula, classroom materials, teaching practices, instructional
assessments, and accommodations;
</text>
</subclause>
<subclause id="HE0F042E0BDD74714AA73FE1E729EDE07">
<enum>
(II)
</enum>
<text>
appropriate
services and supports for children with disabilities and children who are
limited English proficient;
</text>
</subclause>
<subclause id="H035BD3DB0FC64EBEBC08A231B3A3A8F0">
<enum>
(III)
</enum>
<text>
family and
community engagement policies and practices;
</text>
</subclause>
<subclause id="HF877D11402E7420CA3D7F18DA8C4C348">
<enum>
(IV)
</enum>
<text>
building and
maintaining a school climate that supports positive development and
learning;
</text>
</subclause>
<subclause id="HFA24029E41B94D61833EF56376FC8590">
<enum>
(V)
</enum>
<text>
leadership and
support for school staff, including—
</text>
<item id="HDEAD6B0DA8C34D0D86910D3370DF30BB">
<enum>
(aa)
</enum>
<text>
professional
development for elementary school principals, other school leaders, teachers,
and specialized instructional support personnel in the development and learning
of young children and developmentally appropriate practice;
</text>
</item>
<item id="H6C1D94B7A15B4CCFBAE59C3F1AAE4F77">
<enum>
(bb)
</enum>
<text>
the
assignment of teachers based on degrees and certification or licensure for
teaching children in prekindergarten through grade 3 and appropriate
student-to-teacher ratios for such children; and
</text>
</item>
<item id="HEAFD1CC62F824B75A31815B787820808">
<enum>
(cc)
</enum>
<text>
teacher and
student interactions in the classroom that improve instruction and learning;
and
</text>
</item>
</subclause>
<subclause id="H87F90EA0F63940E08C5D6B95CB3EC308">
<enum>
(VI)
</enum>
<text>
outreach and
collaboration with—
</text>
<item id="HA8FCA8233E2E46D9884A30973794B33D">
<enum>
(aa)
</enum>
<text>
early childhood
care and education providers in the school attendance area, including ongoing
channels of communication on—
</text>
<subitem id="HAF036719D48248DAAE4AF1292367E078">
<enum>
(AA)
</enum>
<text display-inline="yes-display-inline">
issues relating to continuity of
high-quality, developmentally appropriate, and well-aligned standards,
curricula, classroom practices, and instructional assessment and
supports;
</text>
</subitem>
<subitem id="H97F99074918342A6A2340E7BFE1CEE1B">
<enum>
(BB)
</enum>
<text>
transitions
between program settings; and
</text>
</subitem>
<subitem id="H219CF5D6E85B4C1EA5B190EFF939E045">
<enum>
(CC)
</enum>
<text>
other services to
support learning and development; and
</text>
</subitem>
</item>
<item id="H1F79CEB00EB548B2A0F5F15EAC11FC69">
<enum>
(bb)
</enum>
<text>
other providers
of services that support learning and development, such as nutrition, health,
and mental health
services;
</text>
</item>
</subclause>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H4F68A13C2B604E7E97134F84F3EF27CB">
<enum>
(C)
</enum>
<header>
Allowable
use
</header>
<text>
By striking subparagraph (K) and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HF2F29F9B938C4278B7EB59ED0ADA69B6" style="OLC">
<subparagraph id="H8F9B848D2FDA4E5D806B959FC3C8B742">
<enum>
(K)
</enum>
<text>
if appropriate, a
description of how the local educational agency will use funds under this part
to support educational and developmental opportunities for young children from
birth to the age of mandatory school entry through early childhood education
programs, including providing full-day and full-year services, or early
childhood home visitation programs, as described under section 511 of the
Social Security Act (42 U.S.C.
711);
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HA1011AFB91694A9B9F47EEA55AED1501">
<enum>
(2)
</enum>
<header>
Not an
evaluation under IDEA
</header>
<text>
Subsection (b)(2) is amended—
</text>
<subparagraph id="HB83E8B0BEA124FD48F1F93C22A39EBE2">
<enum>
(A)
</enum>
<text>
in subparagraph
(B), by striking the period at the end and inserting
<quote>
; and
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="HCFAAE8523C154AC18B46880D25EB827D">
<enum>
(B)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HDF9BEAC985C94EA19FFBBB4A6B463F22" style="OLC">
<subparagraph id="H3FA0DE9E5676479BB66302F03E56C8EB">
<enum>
(C)
</enum>
<text>
to constitute, or
construed to constitute, an evaluation required under the Individuals with
Disabilities Education
Act.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H20CAD95DCCCF45BA9A47C1FA80224E62">
<enum>
(3)
</enum>
<header>
Consultation
</header>
<text>
By
striking paragraph (1) of subsection (d) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE8F9ED465301498B87BA8BEE29ACA2A7" style="OLC">
<paragraph id="HD079776932554772A3F17709747E7683">
<enum>
(1)
</enum>
<header>
Consultation
</header>
<text>
Each
local educational agency plan shall be developed in consultation with—
</text>
<subparagraph id="HB845AB1350A64CA58C6971572C1A28F5">
<enum>
(A)
</enum>
<text>
teachers,
principals, and administrators (including administrators of programs described
in other parts of this title);
</text>
</subparagraph>
<subparagraph id="H91903446188544EEB9243D195BA0DA5D">
<enum>
(B)
</enum>
<text>
other appropriate
school personnel;
</text>
</subparagraph>
<subparagraph id="H217D9F83842A473AB3850A943C965041">
<enum>
(C)
</enum>
<text>
parents of
children in schools served under this part; and
</text>
</subparagraph>
<subparagraph id="HBCF543ABD40F4AFB98017CC6FA4FFD24">
<enum>
(D)
</enum>
<text>
local early
childhood councils and representatives of community-based early childhood
education programs, such as Head Start, State-funded prekindergarten programs,
early intervention programs, and child care
providers.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HF430383384EB4F84BC1F513B883F79CC">
<enum>
105.
</enum>
<header>
Academic
assessment and local educational agency and school improvement
</header>
<text display-inline="no-display-inline">
Section 1116(c)(7)(A) (
<external-xref legal-doc="usc" parsable-cite="usc/20/6316">
20 U.S.C. 6316(c)(7)
</external-xref>
)
is amended—
</text>
<paragraph id="HC963E220C66046A9B889F34D8D8BE431">
<enum>
(1)
</enum>
<text>
by redesignating
clauses (vi), (vii), and (viii), as clauses (vii), (viii), and (ix)
respectively; and
</text>
</paragraph>
<paragraph id="H08FD61C3658249CEB0B26202ED2A9C6B">
<enum>
(2)
</enum>
<text>
by inserting after
clause (v) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC647D585B96745318A0219DDD9E3520D" style="OLC">
<clause id="HD4A58D50A2FC413B8ACBCDF66D364B23">
<enum>
(vi)
</enum>
<text>
coordinate, as
appropriate, services for children before the age of mandatory school entry,
who are enrolled in an early childhood education
program.
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section commented="no" id="HD8A1278A9E7943CBA86FF7E27C4B660D">
<enum>
106.
</enum>
<header>
Qualifications
for teachers and paraprofessionals
</header>
<text display-inline="no-display-inline">
Section 1119(a)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/20/6319">
20 U.S.C. 6319(a)(1)
</external-xref>
) is
amended by inserting
<quote>
and to the extent feasible, starting with the
2015–2016 school year, that teachers placed in classrooms to teach children in
the early grades of elementary school have a specialized early childhood
education teaching license, credential, or endorsement
</quote>
before the
period.
</text>
</section>
<section id="HF60B9803B5B24BD29B12E3236C77F743">
<enum>
107.
</enum>
<header>
Coordination
requirements
</header>
<text display-inline="no-display-inline">
Section 1120B (20
U.S.C. 6322) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H94C95EA9FB004699B20978C49E738964" style="OLC">
<section id="H48A5C745BD3749C7A60AB80B95B30115">
<enum>
1120B.
</enum>
<header>
Coordination
requirements
</header>
<subsection id="HC519A5BD2A1C46D7A6BA6995E6BC4B73">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Each local educational agency receiving assistance under
this part shall—
</text>
<paragraph id="H5A33E6BB61DE49F5BC990266607F805F">
<enum>
(1)
</enum>
<text>
coordinate, as
feasible, with early childhood education programs to carry out the activities
described in subsection (b); and
</text>
</paragraph>
<paragraph id="HCFC8286EB7DC4136A07BD91935D28361">
<enum>
(2)
</enum>
<text>
develop agreements
with Head Start agencies as specified in section 642(e)(5) of the Head Start
Act to carry out the activities described in subsection (b).
</text>
</paragraph>
</subsection>
<subsection id="HF7FAE3C0A6A8488CAF9C898B09223086">
<enum>
(b)
</enum>
<header>
Activities
</header>
<text>
The
activities referred to in subsection (a) are activities that increase
coordination between the local educational agency and a Head Start agency and,
to the maximum extent practicable, other entities carrying out early childhood
education programs, such as State-funded prekindergarten, and child care,
serving children who will attend the schools served by the local educational
agency, including—
</text>
<paragraph id="H7AE692C2481140A5B82C2FA312F2948C">
<enum>
(1)
</enum>
<text>
developing and
implementing with local Head Start agency staff and staff from other early
childhood education programs, a systematic and comprehensive transition
procedure, which shall include procedures for receiving records regarding such
children, transferred with the consent of a parent or guardian;
</text>
</paragraph>
<paragraph id="HBF58257F803348BD9ABCF905BF60BF18">
<enum>
(2)
</enum>
<text>
establishing
channels of communication between school staff and their counterparts
(including teachers, social workers, local educational agency liaisons
designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless
Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/11432">
42 U.S.C. 11432(g)(1)(J)(ii)
</external-xref>
), and health staff) in such Head
Start agencies and other entities carrying out early childhood education
programs, as appropriate, to facilitate coordination of supportive service
delivery;
</text>
</paragraph>
<paragraph id="HFD5D301E627F47EEBBEEF45CB1163E63">
<enum>
(3)
</enum>
<text>
establishing
ongoing communications between the Head Start agency or other entities carrying
out early childhood education programs and the local educational agency for
developing continuity of developmentally appropriate curricular objectives and
for shared expectations for children's learning and development as the children
transition to school;
</text>
</paragraph>
<paragraph id="H942DF9DF6B83470FA246DE04E64D96F5">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
conducting meetings involving parents,
kindergarten or elementary school teachers, and Head Start teachers or, if
appropriate, teachers from other early childhood education programs to discuss
the developmental and other needs of children and families, and to the
appropriate instructional and noninstructional services;
</text>
</paragraph>
<paragraph id="H74F96F72F39D4A49A0F9997D9BEC2E69">
<enum>
(5)
</enum>
<text>
organizing and
participating in joint high-quality, evidence-based professional development of
school staff, Head Start program staff, and other early childhood education
program staff on—
</text>
<subparagraph id="H848CFFD964E64EDAAC4A33624E26C88B">
<enum>
(A)
</enum>
<text>
developmentally
appropriate curricula and teaching practices;
</text>
</subparagraph>
<subparagraph id="H818F160B5CA94130AA2650840F99161D">
<enum>
(B)
</enum>
<text>
family
engagement;
</text>
</subparagraph>
<subparagraph id="HF522F308E9D04D71BA6ACF6B099AB6E6">
<enum>
(C)
</enum>
<text>
support for
children with disabilities and dual language learners; and
</text>
</subparagraph>
<subparagraph id="H49E0785BD50D42D2A60393B548E4F10B">
<enum>
(D)
</enum>
<text>
transitions and
continuity; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HEB8FE69914F94393B34964C063C53B9C">
<enum>
(6)
</enum>
<text>
linking the
educational services provided by such local educational agency with the
services provided by local Head Start agencies and, as feasible, other entities
carrying out early childhood education programs.
</text>
</paragraph>
</subsection>
<subsection id="HA5F11ECFDAF640C2A8E1CB7AF1CD990F">
<enum>
(c)
</enum>
<header>
Coordination of
regulations
</header>
<text>
The Secretary shall work with the Secretary of Health
and Human Services to coordinate regulations promulgated under this part with
regulations promulgated under the Head Start Act, including reasonable
compliance
measures.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H5CE1EA8411A345F9A831CF58681A91CF">
<enum>
108.
</enum>
<header>
Prohibited use
of assessments for young children
</header>
<text display-inline="no-display-inline">
Part I of title I (
<external-xref legal-doc="usc" parsable-cite="usc/20/6571">
20 U.S.C. 6571 et seq.
</external-xref>
)
is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H15CBB75638E446BB910CF3A6B5EBD85A" style="OLC">
<section id="HBAC9761D51F24D3EA5F2F6D0E1851582">
<enum>
1909.
</enum>
<header>
Prohibited use
of assessments for young children
</header>
<text display-inline="no-display-inline">
Funds available under this title may not be
used for child assessments for children from birth through grade 2 for any of
the following:
</text>
<paragraph id="H28419C705FD64FB093FB7353314C7A0C">
<enum>
(1)
</enum>
<text>
Assessments that
provide or lead to rewards or sanctions for individual children, teachers,
early childhood education programs, or schools.
</text>
</paragraph>
<paragraph id="HED5B832921704FACBEABD331BD718DDE">
<enum>
(2)
</enum>
<text>
A single
assessment used as the primary or sole method for assessing program
effectiveness.
</text>
</paragraph>
<paragraph id="H8844DF4A1E144969A5642DD0DCDC4D83">
<enum>
(3)
</enum>
<text>
Evaluating such
children other than for—
</text>
<subparagraph id="H4C94A1E88C6A4402A524D15E210BE495">
<enum>
(A)
</enum>
<text>
improving
instruction or classroom environment;
</text>
</subparagraph>
<subparagraph id="HC5F5AD2DA91749AA816ED6DEEC5C43A5">
<enum>
(B)
</enum>
<text>
targeting
high-quality, evidence-based professional development;
</text>
</subparagraph>
<subparagraph id="H8DFA72053A7A449BB34C96D6475138EF">
<enum>
(C)
</enum>
<text>
determining the
need for health, mental health, disability, or family support services;
</text>
</subparagraph>
<subparagraph id="H13B5A115991543F1A986BD11A1D6E561">
<enum>
(D)
</enum>
<text>
informing the
quality improvement process at the State level;
</text>
</subparagraph>
<subparagraph id="H3F4CF853C53B48ED92DC996219E63328">
<enum>
(E)
</enum>
<text>
program evaluation
for the purposes of program improvement and parent information; or
</text>
</subparagraph>
<subparagraph id="H3C3E90AC270F4A65A419E7B5A8CC23CC">
<enum>
(F)
</enum>
<text>
research conducted
as part of a national
evaluation.
</text>
</subparagraph>
</paragraph>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</title>
<title id="H927507B2CB2743AD9CB451F8903F46C8">
<enum>
II
</enum>
<header>
Preparing,
training, and recruiting high-quality teachers and principals
</header>
<section id="H9CAF6DD738844A89A9BA4732E5A99BEC">
<enum>
201.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
Section 2101 (
<external-xref legal-doc="usc" parsable-cite="usc/20/6601">
20 U.S.C. 6601
</external-xref>
) is
amended—
</text>
<paragraph id="H23808869037845889622FA6D42B8DA3A">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in paragraph (1), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</paragraph>
<paragraph id="H703489EF20784E279FD1A20E476269A3">
<enum>
(2)
</enum>
<text>
by redesignating
paragraph (2) as paragraph (3); and
</text>
</paragraph>
<paragraph id="H5EBB924182DE4A1BBDF3120E62B0CEC1">
<enum>
(3)
</enum>
<text>
by inserting after
paragraph (1) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H07421A39CE4D40B19003D548B166AAFA" style="OLC">
<paragraph id="H5E4A366C94A04A9584F5DB8101D38993">
<enum>
(2)
</enum>
<text>
enhance the
knowledge of elementary school principals and other school administrators in
early childhood development and learning and to build ongoing relationships
with early childhood education programs to create a continuum of
developmentally appropriate and effective learning;
and
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H8EA5B89F486343489EAFD8AF54D5E9F5">
<enum>
202.
</enum>
<header>
State
applications
</header>
<text display-inline="no-display-inline">
Section 2112(b)
(
<external-xref legal-doc="usc" parsable-cite="usc/20/6612">
20 U.S.C. 6612(b)
</external-xref>
) is amended—
</text>
<paragraph id="HCF30E1A0A277469A92AFB103FE94AF13">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in paragraph (1), by inserting
<quote>
and
positive child development and learning for children in the early elementary
grades and younger
</quote>
after
<quote>
student academic
achievement
</quote>
;
</text>
</paragraph>
<paragraph id="HC29CB7117B6943438B539D6212863D03">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by redesignating paragraphs (4) through
(10) and (11) and (12) as paragraphs (5) through (11) and (13) and (14),
respectively;
</text>
</paragraph>
<paragraph id="H3C9F731651F742F38235219E52FED0EC">
<enum>
(3)
</enum>
<text>
by inserting after
paragraph (3) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE57B93879A3D4D83967F8F7578B21C0E" style="OLC">
<paragraph id="HCB87F6019CA2440186E3C54243B64E11">
<enum>
(4)
</enum>
<text>
A description of
how the State educational agency, in collaboration with other agencies that
oversee early childhood development and education programs and the State
Advisory Council on Early Childhood Education and Care designated or
established under section 642B of the Head Start Act, will ensure that
high-quality, evidence-based professional development activities assisted under
this subpart reflect research and best practices across all domains of child
development and learning.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H43CCB0A11BF64EBD8C660E2FDFB553EA">
<enum>
(4)
</enum>
<text>
by inserting after
paragraph (11), as redesignated by paragraph (2), the following:
</text>
<quoted-block display-inline="no-display-inline" id="H482858C551E64871BCEC142C3ED435FF" style="OLC">
<paragraph id="H5A420A97028B455F9396853AD76A7EE2">
<enum>
(12)
</enum>
<text>
A description of
the State’s plan for reforming, by not later than the end of the 2015–2016
school year and consistent with section 2113(c)(1), teacher certification or
licensing requirements that reflect the specialized knowledge and skills needed
for teachers of children in the early grades of elementary school and younger
children, and elementary school principal certification or licensing
requirements to reflect knowledge of child development and
learning.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section commented="no" id="HD4C8BAA1760244D586A0EA824877B9F3">
<enum>
203.
</enum>
<header>
State use of
funds
</header>
<text display-inline="no-display-inline">
Section 2113(c) (20
U.S.C. 6613(c)) is amended—
</text>
<paragraph commented="no" id="H78BCBFC2AFEA4B2C878E205253A12174">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by striking paragraph (1) and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H485A131557F2473291AF6AA8B4363160" style="OLC">
<paragraph commented="no" id="H682297C6909C43289AE4EF274AFF2604">
<enum>
(1)
</enum>
<text>
Reforming teacher
and principal certification (including recertification) or licensing
requirements to ensure that—
</text>
<subparagraph commented="no" id="HDCA653568953454ABF03604175371B9F">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
teachers have the necessary subject matter
knowledge and teaching skills in the academic subjects that the teachers teach
and the necessary specialized knowledge of child development and learning for
those teachers working with children in the early grades of elementary school
and younger children, including knowledge of State early learning guidelines
and State early grade standards, and understanding of child instructional
assessment, including observational assessment, to improve instruction and
services for children;
</text>
</subparagraph>
<subparagraph commented="no" id="H1A4CF7E57E1940EA83D267CA1B95D764">
<enum>
(B)
</enum>
<text>
principals have
the instructional leadership skills, including collaboration with other early
childhood education providers and support services, and knowledge of child
development and learning to help teachers teach and students learn;
</text>
</subparagraph>
<subparagraph commented="no" id="H6CA51C202C5F4DC98C74632A13BAC6B5">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
teacher certification (including
recertification) or licensing requirements are aligned with challenging State
academic content standards and State early learning guidelines, including a
separate certification for teachers of early childhood education for the early
grades of elementary school and younger children; and
</text>
</subparagraph>
<subparagraph commented="no" id="H8A24F3053F624523BBE3733D917AD17D">
<enum>
(D)
</enum>
<text>
teachers have the
subject matter knowledge and teaching skills, including technology literacy,
and principals have the instructional leadership skills and knowledge of child
development and learning and collaboration with early childhood education
providers, necessary to help—
</text>
<clause commented="no" id="H452983A268B3404AAC2E7138BBAB2EDB">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
students meet challenging State student
academic achievement standards, and State early learning guidelines and State
early grade standards; and
</text>
</clause>
<clause commented="no" id="H0FD14BB612864F16AD033C8686685242">
<enum>
(ii)
</enum>
<text>
promote
appropriate and effective transitions from early childhood education programs
to
school.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H4683D604EE914A4CA1F1B04883C33473">
<enum>
(2)
</enum>
<text>
in paragraph
(2)—
</text>
<subparagraph commented="no" id="HC8F275A98CF441E7A41EF9210A52F8DC">
<enum>
(A)
</enum>
<text>
in subparagraph
(A), by inserting
<quote>
or coaching
</quote>
after
<quote>
mentoring
</quote>
;
and
</text>
</subparagraph>
<subparagraph commented="no" id="H5F25AB96B01C4841AF635BA5FC46FFE8">
<enum>
(B)
</enum>
<text>
in subparagraph
(B), by inserting
<quote>
and State early learning guidelines, as
appropriate
</quote>
after
<quote>
academic achievement standards
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H4B4F67CF34C4424BBB282741C0F0B76D">
<enum>
(3)
</enum>
<text>
in paragraph (4),
by inserting
<quote>
teachers with a specialized certification or licensure in
early childhood education for the early grades of elementary school,
</quote>
after
<quote>
core academic subjects,
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="H5407CD118F17466FBB7AD52B31F6F7A4">
<enum>
(4)
</enum>
<text>
by redesignating
paragraphs (7) through (18) as paragraphs (9) through (20),
respectively;
</text>
</paragraph>
<paragraph commented="no" id="H964A7A2059F54013B733145FD74BDD1A">
<enum>
(5)
</enum>
<text>
by inserting after
paragraph (6) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H076F213BB8B04E9BAB52D06A41B9771B" style="OLC">
<paragraph id="HCEBCA415DA5F436992C5B42A8CDC8045">
<enum>
(7)
</enum>
<text>
Developing
high-quality, evidence-based professional development opportunities—
</text>
<subparagraph id="HE1F46287B2124E1CBF128ADE2881E56F">
<enum>
(A)
</enum>
<text>
for principals,
superintendents, and local educational agency staff with responsibility for
curriculum, assessment, special education, and teacher professional
development, to gain knowledge of—
</text>
<clause id="H2E5B19505B6D4EC39B29E7E8078AFFC3">
<enum>
(i)
</enum>
<text>
child development
and learning (including cognitive, social, emotional, and physical development
and approaches to learning) of children from birth through the early grades of
elementary school; and
</text>
</clause>
<clause id="H78F8D91B72B94FA29653EA9FF9350EC8">
<enum>
(ii)
</enum>
<text>
developmentally
appropriate practices to support children’s positive development and learning;
and
</text>
</clause>
</subparagraph>
<subparagraph id="HFCA2A35F7C1F42808B5E84918692AA74">
<enum>
(B)
</enum>
<text>
to create
collaborations with community-based early childhood education programs for
joint high-quality, evidence-based professional development and transition
activities for young children and families.
</text>
</subparagraph>
</paragraph>
<paragraph id="HE8FFC9EA45844FE18E46DE109D78BDFF">
<enum>
(8)
</enum>
<text>
Providing joint
high-quality, evidence-based professional development for elementary school
teachers and staff with early childhood education program staff, for—
</text>
<subparagraph id="H666364BD83C14AA4880B4E7A539D5EB4">
<enum>
(A)
</enum>
<text>
a shared
understanding and communication of continuity of expectations for students in
all domains of learning and development (including language, literacy,
mathematics, creative arts, science, social studies, social and emotional
development, physical development and health, and approaches to
learning);
</text>
</subparagraph>
<subparagraph id="HA787C29E080A4A158AC948559F58813B">
<enum>
(B)
</enum>
<text>
appropriate
curricula and instructional assessment practices;
</text>
</subparagraph>
<subparagraph id="H4ED7ABAAF7C04ACAB7E28BE70053FBA8">
<enum>
(C)
</enum>
<text>
family engagement;
and
</text>
</subparagraph>
<subparagraph id="H86DB68F23BBA493D80413322B34F4292">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
transition between community-based early
childhood education programs and
school.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HBA2D8FEE250744D18DA119E64B27C0F9">
<enum>
(6)
</enum>
<text>
in paragraph (9),
as redesignated by paragraph (4), by inserting
<quote>
and other
</quote>
after
<quote>
the academic
</quote>
;
</text>
</paragraph>
<paragraph id="H842DFDEDE4934F668E4E2FEAC3C1C33E">
<enum>
(7)
</enum>
<text>
in paragraph (12),
as redesignated by paragraph (4), by inserting
<quote>
teacher mentoring or
coaching,
</quote>
after
<quote>
peer networks,
</quote>
;
</text>
</paragraph>
<paragraph id="H2911453E42DF41C387E27D7D2FB2DEEF">
<enum>
(8)
</enum>
<text>
in paragraph (17),
as redesignated by paragraph (4), by inserting
<quote>
, including scholarships
with compensation rewards linked to attaining an associate's degree or a
bachelor's degree in early childhood education
</quote>
after
<quote>
2001)
</quote>
;
</text>
</paragraph>
<paragraph id="H6C64B4FBFCAE4B98A8753FAA22C912A1">
<enum>
(9)
</enum>
<text>
in paragraph (18),
as redesignated by paragraph (4), by striking
<quote>
State academic content
standards
</quote>
and all that follows through the period and inserting
<quote>
State academic content standards, student academic achievement
standards, State early learning guidelines, and State assessments, to improve
instructional practices and improve student academic achievement and areas of
development that support student cognitive development in the early elementary
grades and in younger children.
</quote>
; and
</text>
</paragraph>
<paragraph id="H7EC97242DE5549AA89C28C2752721B95">
<enum>
(10)
</enum>
<text>
in paragraph
(20), as redesignated by paragraph (4), in subparagraph (A), by inserting
<quote>
preschool teachers (including in community-based programs) and
</quote>
after
<quote>
placement of
</quote>
.
</text>
</paragraph>
</section>
<section id="HBDD7E831A2E94B58BC18304C5368936D">
<enum>
204.
</enum>
<header>
Local
applications and needs assessment
</header>
<text display-inline="no-display-inline">
Section 2122(b) (
<external-xref legal-doc="usc" parsable-cite="usc/20/6622">
20 U.S.C. 6622(b)
</external-xref>
) is
amended—
</text>
<paragraph id="H01A72C9E078246E29EDDCFA64B57AD9D">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in paragraph (1)(A)—
</text>
<subparagraph id="H8402F74C15AF4C0D8408C5FF7A7F2D16">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
in clause (i), by striking
<quote>
and State
assessments
</quote>
and inserting
<quote>
State early learning guidelines, and
State assessments
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H6555811331024DFB9727781540E53F23">
<enum>
(B)
</enum>
<text>
in clause (ii), by
inserting
<quote>
age and developmentally appropriate
</quote>
before
<quote>
curricula
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H2E13B4243F0C4571BBAD6C72B2E9E7A0">
<enum>
(2)
</enum>
<text>
in paragraph (4),
by inserting
<quote>
, including joint high-quality, evidence-based professional
development with other early childhood education program providers such as Head
Start providers and providers receiving State prekindergarten funds
</quote>
after
<quote>
local programs
</quote>
; and
</text>
</paragraph>
<paragraph id="H2D947FBF3FD248949768F2D2E1F3F01B">
<enum>
(3)
</enum>
<text>
in paragraph (9),
by striking subparagraphs (A) through (D) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6A03B025C6624EBCB6A49F591ED9918B" style="OLC">
<subparagraph id="HE5EEBE6B253F4148932E9163286F7D92">
<enum>
(A)
</enum>
<text>
teach and address
the needs of children in the early grades of elementary school and younger
children with different learning styles, particularly students with
disabilities, students with special learning needs (including students who are
gifted and talented), students with limited English proficiency;
</text>
</subparagraph>
<subparagraph id="H63C5E83615E0479192191010BF5149F1">
<enum>
(B)
</enum>
<text>
improve student
behavior in the classroom and identify early and appropriate interventions to
help students described in subparagraph (A) learn;
</text>
</subparagraph>
<subparagraph id="HE7601BA9FBB0442488E88A1AB99AA75E">
<enum>
(C)
</enum>
<text>
engage families in
their child's education in a meaningful, and culturally and linguistically
appropriate, manner;
</text>
</subparagraph>
<subparagraph id="H03776E961318425DB34CB2F6EFD62CC0">
<enum>
(D)
</enum>
<text>
understand and use
data and assessments to improve classroom practice and student learning;
and
</text>
</subparagraph>
<subparagraph id="HBCE6B7516570416FABCD20E0AF5031B7">
<enum>
(E)
</enum>
<text>
understand and
implement effective, developmentally appropriate curricula, teaching, and
instructional assessment practices for children in the early grades of
elementary school and younger children in all domains of learning and
development (including language, literacy, mathematics, creative arts, science,
social studies, social and emotional development, physical development and
health, and approaches to learning), and including the principles of universal
design for
learning.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H76AACF4D05BE4005AF779C02E1851A00">
<enum>
205.
</enum>
<header>
Local use of
funds
</header>
<text display-inline="no-display-inline">
Section 2123(a) (20
U.S.C. 6623(a)) is amended—
</text>
<paragraph id="HD31931F53F544580AF55D705187EA8C6">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in paragraph (1), in the matter preceding
subparagraph (A), by inserting
<quote>
teachers with a certificate or license in
early childhood education for the early grades of elementary school and younger
children,
</quote>
after
<quote>
core academic subjects,
</quote>
;
</text>
</paragraph>
<paragraph id="HDEEC15E599F847729ACF0448F1F9EBDE">
<enum>
(2)
</enum>
<text>
in paragraph
(3)(B), by striking clauses (i) through (v) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3ABF3456002A483BB5BCF7FAFFC8D471" style="OLC">
<clause id="HA04BD71FD81A426D90BF715C1BD59C50">
<enum>
(i)
</enum>
<text>
involve
collaborative groups of teachers and administrators;
</text>
</clause>
<clause id="H85A3EC65389349A8A06B53B3CCB08756">
<enum>
(ii)
</enum>
<text>
involve joint
high-quality, evidence-based professional development with other early
childhood education programs (including Head Start programs, child care
programs, and State funded prekindergarten programs) on developmentally
appropriate curricula, assessments for instructional improvement, and other
supports of children’s development and learning and shared expectations for
transitions from preschool to kindergarten and the early elementary
grades;
</text>
</clause>
<clause id="H7D9EA41EED3C4A34BF2901B8B53B290E">
<enum>
(iii)
</enum>
<text>
provide training
in how to teach and address the needs of students with different learning
styles, particularly students with disabilities, students with special learning
needs (including students who are gifted and talented), and students with
limited English proficiency;
</text>
</clause>
<clause id="H5CEE78FFDA594141B89637B99EA32F69">
<enum>
(iv)
</enum>
<text>
provide training
in child development and learning (including cognitive, social, emotional, and
physical development and approaches to learning) of children from birth through
the early grades of elementary school;
</text>
</clause>
<clause id="H53F24D822987493DAD38E2B043763597">
<enum>
(v)
</enum>
<text>
provide training
in methods of—
</text>
<subclause id="HE4F39E9585A04DBFAD5B423299EAC5B7">
<enum>
(I)
</enum>
<text>
improving student
behavior in the classroom; and
</text>
</subclause>
<subclause id="H3998AB3AFFEF44C791535D90D06A7307">
<enum>
(II)
</enum>
<text>
identifying early
and appropriate interventions to help students described in clause (iii)
learn;
</text>
</subclause>
</clause>
<clause id="H02B89E901B2B4920977BA63D78A291F7">
<enum>
(vi)
</enum>
<text>
provide training
to enable teachers and principals to involve parents in their child's
education, especially parents of limited English proficient children and
immigrant children;
</text>
</clause>
<clause id="HEBC4463B237748CA8F2BFC1ADC599654">
<enum>
(vii)
</enum>
<text>
provide training
on how to understand and use data and assessments to improve classroom practice
and student learning; and
</text>
</clause>
<clause id="HC8A8688B5C4C41C2BF7170D00858968E">
<enum>
(viii)
</enum>
<text>
provide
training on how to implement the principles of universal design for
learning.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H651EEF8B10AF499EB6FE105232607A7E">
<enum>
(3)
</enum>
<text>
by redesignating
paragraphs (7), (8), and (10) as paragraphs (8), (9), and (10), respectively;
and
</text>
</paragraph>
<paragraph id="H01820215E43F48B4B987D0971DA7CED1">
<enum>
(4)
</enum>
<text>
by inserting after
paragraph (6) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HEC2911A3C23442B3A58D74022C0E7565" style="OLC">
<paragraph commented="no" id="H24DE556E9F1042C6947D117B58B7E4BD">
<enum>
(7)
</enum>
<text>
Carrying out
high-quality, evidence-based professional development for elementary school
principals and other school administrators in early childhood development and
education, including—
</text>
<subparagraph commented="no" id="HC8B07111B927472D9F619D1F864443AF">
<enum>
(A)
</enum>
<text>
knowledge of child
development and developmentally appropriate curricula and teaching
practices;
</text>
</subparagraph>
<subparagraph commented="no" id="HFDCC2D699C7D46A4BFC31AD2C31C4DDD">
<enum>
(B)
</enum>
<text>
collaboration with
community-based early childhood education programs, such as Head Start
programs, Early Head Start programs, and child care programs;
</text>
</subparagraph>
<subparagraph commented="no" id="H0BBCB9EC23214C3495A587B8554E839C">
<enum>
(C)
</enum>
<text>
meaningful
engagement of families in children’s learning and development; and
</text>
</subparagraph>
<subparagraph commented="no" id="H6D3C459DBB4C4C71995351E4AAD9C332">
<enum>
(D)
</enum>
<text>
support for
teachers in the early grades of elementary school to use developmentally,
culturally, and linguistically appropriate curricula and teaching
practices.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HF2AD537E246848C2ABB7662E8023F2B8">
<enum>
206.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 2131(1)(B) (
<external-xref legal-doc="usc" parsable-cite="usc/20/6631">
20 U.S.C. 6631(1)(B)
</external-xref>
) is
amended by inserting
<quote>
an organization that represents early childhood
education programs in community settings,
</quote>
after
<quote>
a principal
organization,
</quote>
.
</text>
</section>
<section id="H0364F1F5AF4548788C42375F095DD3DA">
<enum>
207.
</enum>
<header>
Use of funds
for eligible partnerships
</header>
<text display-inline="no-display-inline">
Section 2134(a)(2) (
<external-xref legal-doc="usc" parsable-cite="usc/20/6634">
20 U.S.C. 6634(a)(2)
</external-xref>
) is
amended by striking subparagraph (A) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA768135B9F634C01AD576B2BA65146E3" style="OLC">
<subparagraph id="H7D022D72EC5948D2B9C4B4A00EA1EFE0">
<enum>
(A)
</enum>
<text>
ensure that the
individuals—
</text>
<clause id="HAA6BE287F5AF4AECB099552746C9195D">
<enum>
(i)
</enum>
<text>
are able to use
challenging State academic content standards and student academic achievement
standards, and State assessments, to improve instructional practices and
improve student academic achievement; and
</text>
</clause>
<clause id="H0119FC586DC244F2A9188FBC516768E1">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
who serve children in the early grades of
elementary school and younger children, are able to use State early learning
guidelines and the full range of domains (cognitive, physical, social,
emotional, and approaches to
learning);
</text>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</title>
<title id="H2EB90F27B5BF4A4A9166BE992F9B15A6">
<enum>
III
</enum>
<header>
Miscellaneous
</header>
<section id="H1910CB111D294DDC96A25975427F05E7">
<enum>
301.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 9101 (
<external-xref legal-doc="usc" parsable-cite="usc/20/7801">
20 U.S.C. 7801
</external-xref>
) is
amended—
</text>
<paragraph id="HCFA0F9A8987242D9B531BAA9101A4506">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by redesignating paragraphs (17) through
(43) as paragraphs (18) through (44), respectively;
</text>
</paragraph>
<paragraph id="HD4AD874737714444B8276DCB7499721A">
<enum>
(2)
</enum>
<text>
by inserting after
paragraph (16) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HBE55A62C99F44AAEAD74CD4922ACFC5F" style="OLC">
<paragraph id="H8B72C61FBC0F4FCE83390C9E9F5678DE">
<enum>
(17)
</enum>
<header>
Early childhood
education program
</header>
<text>
The term
<term>
early childhood education
program
</term>
has the meaning given the term in section 103 of the Higher
Education Act of
1965.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H0E16AC74F30946CC8FC89406A41B0671">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in paragraph (35)(A) (as redesignated by
paragraph (1))—
</text>
<subparagraph id="HF38FC056794A4F9AA5168BA4ACFC1A87">
<enum>
(A)
</enum>
<text>
in clause (i), by
striking
<quote>
the teachers teach
</quote>
and inserting
<quote>
as well as
other learning standards (such as social, emotional, and physical development
and approaches to learning)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H677F083CCCF6407CA1CD42173EE4DF7D">
<enum>
(B)
</enum>
<text>
in clause (iii),
by inserting
<quote>
and other learning
</quote>
after
<quote>
academic
content
</quote>
;
</text>
</subparagraph>
<subparagraph id="H58FDF964742549408D7EC7F2212A7EE4">
<enum>
(C)
</enum>
<text>
in clause (v)(II),
by striking
<quote>
or short term
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H4AFC330C55D04D0CB6D39D1BDB3F8F4D">
<enum>
(D)
</enum>
<text>
in clause
(viii)(I), by striking
<quote>
content standards,
</quote>
and inserting
<quote>
content and other learning standards (such as social, emotional, and
physical development and approaches to learning), and State early learning
guidelines,
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HF31420105C204E5FAB429767D7E1C4DA">
<enum>
(4)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5D9C5C861C264D73806D1FFBCFE11E35" style="OLC">
<paragraph id="H26544F0431AE4F8AA0099AA3240159D2">
<enum>
(45)
</enum>
<header>
Universal
design for learning
</header>
<text>
The term
<term>
universal design for
learning
</term>
has the meaning given the term in section 103 of the Higher
Education Act of
1965.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</title>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 791 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Polis (for himself and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend titles I and II of the Elementary and Secondary Education Act of 1965 to strengthen connections to early childhood education programs, and for other purposes.
1. Short title This Act may be cited as the Continuum of Learning Act of 2013 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Findings. TITLE I—Improving the academic achievement of the disadvantaged Sec. 101. Statement of purpose. Sec. 102. School improvement. Sec. 103. State plans. Sec. 104. Local educational agency plans. Sec. 105. Academic assessment and local educational agency and school improvement. Sec. 106. Qualifications for teachers and paraprofessionals. Sec. 107. Coordination requirements. Sec. 108. Prohibited use of assessments for young children. TITLE II—Preparing, training, and recruiting high-quality teachers and principals Sec. 201. Purpose. Sec. 202. State applications. Sec. 203. State use of funds. Sec. 204. Local applications and needs assessment. Sec. 205. Local use of funds. Sec. 206. Definitions. Sec. 207. Use of funds for eligible partnerships. TITLE III—Miscellaneous Sec. 301. Definitions. 3. References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ). 4. Findings Congress finds the following: (1) Research conclusively shows that children's experiences in the early years of life influence the developing brain and have a significant and lasting impact upon their ability to succeed in school and in life. (2) All children deserve access to high-quality early childhood education programs that support their social, emotional, and cognitive development and help prepare them to enter school ready to learn. (3) Research conclusively shows that high-quality early childhood education programs lead to an increase in positive outcomes for children in multiple arenas, including— (A) improved socialization skills; (B) higher early reading and early mathematics skills; (C) decreased grade retention; (D) decreased special education or remedial education services, or both; (E) decreased involvement with the juvenile justice system; (F) increased likelihood that children will graduate from high school; and (G) increased likelihood of employment, thus helping support America’s long-term national economic strength. (4) High-quality early childhood education programs provide parents the means to work and be financially responsible for their families. (5) Research conclusively shows the cost-effectiveness of investments in high-quality early childhood education programs, with cost savings ranging from $7 to $17 for every dollar invested. (6) Aligning and connecting Federal and State early education efforts with the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is critical to establishing quality care and learning opportunities for children, beginning at birth and continuing through adulthood, thereby closing the achievement gap, and improving high school graduation rates and college enrollment rates. (7) Utilizing existing partnerships, as well as instituting new partnerships, between high-quality early childhood education programs, particularly in high-need communities, and elementary schools will provide opportunities for meaningful transitions for children and result in a successful elementary and secondary education experience. (8) Under section 1112(b)(1)(K) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6312(b)(1)(K) ), local educational agencies may, but are not required to, support preschool-age and younger children through direct services or subcontracts with Head Start or other early childhood programs, but more effort is required to ensure that early learning programs and elementary schools are meeting the educational needs of young children. (9) There is widespread acknowledgment among experts on child education that prior to entrance in kindergarten, and in the early grades, children remain on a path of development that requires attention to and support for their emotional, social, and physical development and their creativity, curiosity and tenacity. (10) Better alignment between early childhood education programs and elementary schools, and greater support for elementary school leadership in instituting more developmentally appropriate and comprehensive learning approaches for young children, are widely acknowledged within the education community as areas ripe for improvement that would lead to better outcomes for children. (11) Through several laws enacted in the past 2 decades, Congress has signified its interest in ensuring that young children’s learning opportunities are enhanced by requiring States to develop and implement guidelines and standards to support developmentally appropriate instruction across comprehensive domains of learning. I Improving the academic achievement of the disadvantaged 101. Statement of purpose Section 1001 (20 U.S.C. 6301) is amended— (1) in paragraph (1)— (A) by inserting and other types of after high-quality academic ; (B) by inserting developmentally appropriate after challenging ; and (C) by inserting and other learning after State academic ; (2) in paragraph (3), by inserting between students who are children with disabilities and students without disabilities, after minority and nonminority students, ; (3) in paragraph (6), by inserting and other early learning guidelines after content standards ; and (4) in paragraph (11), by inserting with community-based providers of early childhood education programs, after educational services, . 102. School improvement Section 1003(c) ( 20 U.S.C. 6303(c) ) is amended— (1) in paragraph (2), by striking and after the semicolon; (2) in paragraph (3), by striking the period and inserting ; and ; and (3) by adding at the end the following: (4) with respect to the elementary schools served by the local educational agencies, demonstrate a commitment to long-term, high-quality, evidence-based strategies for school improvement through coordination with early childhood education programs and, if available, early childhood home visitation programs, as described under section 511 of the Social Security Act (42 U.S.C. 711). . 103. State plans Section 1111 (20 U.S.C. 6311) is amended— (1) in subsection (a)(1), by striking and parents, and inserting parents, the State Advisory Council on Early Childhood Education and Care designated or established under section 642B of the Head Start Act and preschool through grade 20 (P–20) councils, to the extent that such councils exist, and other community-based providers of early childhood education programs, ; (2) in subsection (b)(1)— (A) in subparagraph (A), by striking standards and challenging student academic achievement standards and inserting standards, student academic achievement standards, and other learning standards (such as social, emotional, and physical development and approaches to learning for children in the early elementary grades and younger children) that are challenging and grounded in the appropriate developmental expectations for children and youth, ; (B) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and (C) by inserting after subparagraph (D) the following: (E) Early learning guidelines and early grades standards Not later than 3 years after the date of enactment of the Continuum of Learning Act of 2013 , the State shall carry out the following: (i) Early learning guidelines In collaboration and agreement with the State Advisory Council on Early Childhood Education and Care designated or established under section 642B of the Head Start Act, the State agency designated to administer State programs under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the State educational agency, shall complete a review and create or revise, as necessary, the State's early learning guidelines for young children in order to promote developmentally appropriate, high-quality programs so that the guidelines— (I) address infants, toddlers, and preschool age children; (II) are developed in all domains of child development and learning, as appropriate, for each age group (including language, literacy, mathematics, creative arts, science, social studies, social and emotional development, physical development and health, and approaches to learning); (III) reflect research and evidence-based developmental and learning expectations, including the foundation for and progression in how children develop and learn the requisite skills and content forward from one stage to the next, including what children should know and be able to do; (IV) address cultural, linguistic, and ability diversity of young children; (V) can inform teaching practices, improve professional development, and support quality services in early childhood education programs; (VI) are disseminated to parents, educators, and other stakeholders; and (VII) for preschool age children, appropriately assist in the transition of such children to kindergarten; and (ii) early learning standards Review and revise, as needed, standards for kindergarten through grade 3 to ensure that such standards— (I) are developed in all domains of child development and learning (including language, literacy, mathematics, creative arts, science, social studies, social and emotional development, physical development and health, and approaches to learning); (II) reflect research and evidence-based development and learning expectations for each level and address cultural, linguistic, and ability-level diversity; and (III) across grade levels, reflect progression in how children develop and learn the requisite skills and content from earlier grades forward, including preschool. ; (3) in subsection (c)— (A) in paragraph (13), by striking and after the semicolon; (B) in paragraph (14), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (15) using funds under this part, the State educational agency will develop a plan to encourage local educational agencies and individual elementary schools that are participating in a program assisted under this part to offer early childhood education programs from birth to the age of mandatory school entry in schools and other settings, such as child care or Early Head Start or Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ), by disseminating information through publications, conferences, and other events, that describe how such funds may best be used to support such early childhood education programs and evidence-based and promising early childhood home visitation programs, as described under section 511 of the Social Security Act (42 U.S.C. 711). ; (4) in subsection (d)— (A) in paragraph (1), by striking and after the semicolon; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) reflect the diversity of family cultures, structures, and languages. ; (5) in subsection (h)(2)(B)(i)— (A) in subclause (I), by striking and after the semicolon; and (B) by adding at the end the following: (III) information that shows how children younger than the mandatory age of school entry are served directly by the local educational agency, or through contract or other collaboration with early childhood programs, including early childhood home visitation programs, as described under section 511 of the Social Security Act ( 42 U.S.C. 711 ), including— (aa) the number of children served, disaggregated by income, race, and disability status; (bb) a description of the services received; and (cc) the amount each local educational agency spent using grant funds awarded under this title on services for such children; and ; and (6) by striking subsection (l) and inserting the following: (l) Construction (1) Student Promotion or Graduation Nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes. (2) Compulsory Education and Special Education Services Nothing in this title shall be construed to limit a child's right to compulsory education under State law, or to special education and related services under the Individuals with Disabilities Education Act. . 104. Local educational agency plans Section 1112 ( 20 U.S.C. 6312 ) is amended as follows: (1) General plan provisions Subsection (b)(1) is amended as follows: (A) Joint professional development In subparagraph (D), by inserting and joint high-quality, evidence-based professional development between preschool through grade 3 teachers in Head Start programs and, as feasible, other community-based early childhood education programs, after teachers and principals, . (B) Ready school needs review By amending subparagraph (E) to read as follows: (E) a description of how the local educational agency will assist each elementary school that is served by the local educational agency and that receives assistance under this part, in conducting, not less often than once every 3 years (depending on the needs of the school), a ready school needs review that— (i) will be used by the school in developing and implementing policies and procedures that create a school environment and classroom practices that— (I) support each child in meeting State and grade level expectations and challenges, including the academic content standards and academic achievement standards under section 1111(b); and (II) support successful transitions for children; and (ii) includes, at a minimum, the needs of the school regarding— (I) the use of developmentally appropriate (including culturally and linguistically appropriate) curricula, classroom materials, teaching practices, instructional assessments, and accommodations; (II) appropriate services and supports for children with disabilities and children who are limited English proficient; (III) family and community engagement policies and practices; (IV) building and maintaining a school climate that supports positive development and learning; (V) leadership and support for school staff, including— (aa) professional development for elementary school principals, other school leaders, teachers, and specialized instructional support personnel in the development and learning of young children and developmentally appropriate practice; (bb) the assignment of teachers based on degrees and certification or licensure for teaching children in prekindergarten through grade 3 and appropriate student-to-teacher ratios for such children; and (cc) teacher and student interactions in the classroom that improve instruction and learning; and (VI) outreach and collaboration with— (aa) early childhood care and education providers in the school attendance area, including ongoing channels of communication on— (AA) issues relating to continuity of high-quality, developmentally appropriate, and well-aligned standards, curricula, classroom practices, and instructional assessment and supports; (BB) transitions between program settings; and (CC) other services to support learning and development; and (bb) other providers of services that support learning and development, such as nutrition, health, and mental health services; . (C) Allowable use By striking subparagraph (K) and inserting the following: (K) if appropriate, a description of how the local educational agency will use funds under this part to support educational and developmental opportunities for young children from birth to the age of mandatory school entry through early childhood education programs, including providing full-day and full-year services, or early childhood home visitation programs, as described under section 511 of the Social Security Act (42 U.S.C. 711); . (2) Not an evaluation under IDEA Subsection (b)(2) is amended— (A) in subparagraph (B), by striking the period at the end and inserting ; and ; and (B) by adding at the end the following: (C) to constitute, or construed to constitute, an evaluation required under the Individuals with Disabilities Education Act. . (3) Consultation By striking paragraph (1) of subsection (d) and inserting the following: (1) Consultation Each local educational agency plan shall be developed in consultation with— (A) teachers, principals, and administrators (including administrators of programs described in other parts of this title); (B) other appropriate school personnel; (C) parents of children in schools served under this part; and (D) local early childhood councils and representatives of community-based early childhood education programs, such as Head Start, State-funded prekindergarten programs, early intervention programs, and child care providers. . 105. Academic assessment and local educational agency and school improvement Section 1116(c)(7)(A) ( 20 U.S.C. 6316(c)(7) ) is amended— (1) by redesignating clauses (vi), (vii), and (viii), as clauses (vii), (viii), and (ix) respectively; and (2) by inserting after clause (v) the following: (vi) coordinate, as appropriate, services for children before the age of mandatory school entry, who are enrolled in an early childhood education program. . 106. Qualifications for teachers and paraprofessionals Section 1119(a)(1) ( 20 U.S.C. 6319(a)(1) ) is amended by inserting and to the extent feasible, starting with the 2015–2016 school year, that teachers placed in classrooms to teach children in the early grades of elementary school have a specialized early childhood education teaching license, credential, or endorsement before the period. 107. Coordination requirements Section 1120B (20 U.S.C. 6322) is amended to read as follows: 1120B. Coordination requirements (a) In general Each local educational agency receiving assistance under this part shall— (1) coordinate, as feasible, with early childhood education programs to carry out the activities described in subsection (b); and (2) develop agreements with Head Start agencies as specified in section 642(e)(5) of the Head Start Act to carry out the activities described in subsection (b). (b) Activities The activities referred to in subsection (a) are activities that increase coordination between the local educational agency and a Head Start agency and, to the maximum extent practicable, other entities carrying out early childhood education programs, such as State-funded prekindergarten, and child care, serving children who will attend the schools served by the local educational agency, including— (1) developing and implementing with local Head Start agency staff and staff from other early childhood education programs, a systematic and comprehensive transition procedure, which shall include procedures for receiving records regarding such children, transferred with the consent of a parent or guardian; (2) establishing channels of communication between school staff and their counterparts (including teachers, social workers, local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) ), and health staff) in such Head Start agencies and other entities carrying out early childhood education programs, as appropriate, to facilitate coordination of supportive service delivery; (3) establishing ongoing communications between the Head Start agency or other entities carrying out early childhood education programs and the local educational agency for developing continuity of developmentally appropriate curricular objectives and for shared expectations for children's learning and development as the children transition to school; (4) conducting meetings involving parents, kindergarten or elementary school teachers, and Head Start teachers or, if appropriate, teachers from other early childhood education programs to discuss the developmental and other needs of children and families, and to the appropriate instructional and noninstructional services; (5) organizing and participating in joint high-quality, evidence-based professional development of school staff, Head Start program staff, and other early childhood education program staff on— (A) developmentally appropriate curricula and teaching practices; (B) family engagement; (C) support for children with disabilities and dual language learners; and (D) transitions and continuity; and (6) linking the educational services provided by such local educational agency with the services provided by local Head Start agencies and, as feasible, other entities carrying out early childhood education programs. (c) Coordination of regulations The Secretary shall work with the Secretary of Health and Human Services to coordinate regulations promulgated under this part with regulations promulgated under the Head Start Act, including reasonable compliance measures. . 108. Prohibited use of assessments for young children Part I of title I ( 20 U.S.C. 6571 et seq. ) is amended by adding at the end the following: 1909. Prohibited use of assessments for young children Funds available under this title may not be used for child assessments for children from birth through grade 2 for any of the following: (1) Assessments that provide or lead to rewards or sanctions for individual children, teachers, early childhood education programs, or schools. (2) A single assessment used as the primary or sole method for assessing program effectiveness. (3) Evaluating such children other than for— (A) improving instruction or classroom environment; (B) targeting high-quality, evidence-based professional development; (C) determining the need for health, mental health, disability, or family support services; (D) informing the quality improvement process at the State level; (E) program evaluation for the purposes of program improvement and parent information; or (F) research conducted as part of a national evaluation. . II Preparing, training, and recruiting high-quality teachers and principals 201. Purpose Section 2101 ( 20 U.S.C. 6601 ) is amended— (1) in paragraph (1), by striking and after the semicolon; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: (2) enhance the knowledge of elementary school principals and other school administrators in early childhood development and learning and to build ongoing relationships with early childhood education programs to create a continuum of developmentally appropriate and effective learning; and . 202. State applications Section 2112(b) ( 20 U.S.C. 6612(b) ) is amended— (1) in paragraph (1), by inserting and positive child development and learning for children in the early elementary grades and younger after student academic achievement ; (2) by redesignating paragraphs (4) through (10) and (11) and (12) as paragraphs (5) through (11) and (13) and (14), respectively; (3) by inserting after paragraph (3) the following: (4) A description of how the State educational agency, in collaboration with other agencies that oversee early childhood development and education programs and the State Advisory Council on Early Childhood Education and Care designated or established under section 642B of the Head Start Act, will ensure that high-quality, evidence-based professional development activities assisted under this subpart reflect research and best practices across all domains of child development and learning. ; and (4) by inserting after paragraph (11), as redesignated by paragraph (2), the following: (12) A description of the State’s plan for reforming, by not later than the end of the 2015–2016 school year and consistent with section 2113(c)(1), teacher certification or licensing requirements that reflect the specialized knowledge and skills needed for teachers of children in the early grades of elementary school and younger children, and elementary school principal certification or licensing requirements to reflect knowledge of child development and learning. . 203. State use of funds Section 2113(c) (20 U.S.C. 6613(c)) is amended— (1) by striking paragraph (1) and inserting the following: (1) Reforming teacher and principal certification (including recertification) or licensing requirements to ensure that— (A) teachers have the necessary subject matter knowledge and teaching skills in the academic subjects that the teachers teach and the necessary specialized knowledge of child development and learning for those teachers working with children in the early grades of elementary school and younger children, including knowledge of State early learning guidelines and State early grade standards, and understanding of child instructional assessment, including observational assessment, to improve instruction and services for children; (B) principals have the instructional leadership skills, including collaboration with other early childhood education providers and support services, and knowledge of child development and learning to help teachers teach and students learn; (C) teacher certification (including recertification) or licensing requirements are aligned with challenging State academic content standards and State early learning guidelines, including a separate certification for teachers of early childhood education for the early grades of elementary school and younger children; and (D) teachers have the subject matter knowledge and teaching skills, including technology literacy, and principals have the instructional leadership skills and knowledge of child development and learning and collaboration with early childhood education providers, necessary to help— (i) students meet challenging State student academic achievement standards, and State early learning guidelines and State early grade standards; and (ii) promote appropriate and effective transitions from early childhood education programs to school. ; (2) in paragraph (2)— (A) in subparagraph (A), by inserting or coaching after mentoring ; and (B) in subparagraph (B), by inserting and State early learning guidelines, as appropriate after academic achievement standards ; (3) in paragraph (4), by inserting teachers with a specialized certification or licensure in early childhood education for the early grades of elementary school, after core academic subjects, ; (4) by redesignating paragraphs (7) through (18) as paragraphs (9) through (20), respectively; (5) by inserting after paragraph (6) the following: (7) Developing high-quality, evidence-based professional development opportunities— (A) for principals, superintendents, and local educational agency staff with responsibility for curriculum, assessment, special education, and teacher professional development, to gain knowledge of— (i) child development and learning (including cognitive, social, emotional, and physical development and approaches to learning) of children from birth through the early grades of elementary school; and (ii) developmentally appropriate practices to support children’s positive development and learning; and (B) to create collaborations with community-based early childhood education programs for joint high-quality, evidence-based professional development and transition activities for young children and families. (8) Providing joint high-quality, evidence-based professional development for elementary school teachers and staff with early childhood education program staff, for— (A) a shared understanding and communication of continuity of expectations for students in all domains of learning and development (including language, literacy, mathematics, creative arts, science, social studies, social and emotional development, physical development and health, and approaches to learning); (B) appropriate curricula and instructional assessment practices; (C) family engagement; and (D) transition between community-based early childhood education programs and school. ; (6) in paragraph (9), as redesignated by paragraph (4), by inserting and other after the academic ; (7) in paragraph (12), as redesignated by paragraph (4), by inserting teacher mentoring or coaching, after peer networks, ; (8) in paragraph (17), as redesignated by paragraph (4), by inserting , including scholarships with compensation rewards linked to attaining an associate's degree or a bachelor's degree in early childhood education after 2001) ; (9) in paragraph (18), as redesignated by paragraph (4), by striking State academic content standards and all that follows through the period and inserting State academic content standards, student academic achievement standards, State early learning guidelines, and State assessments, to improve instructional practices and improve student academic achievement and areas of development that support student cognitive development in the early elementary grades and in younger children. ; and (10) in paragraph (20), as redesignated by paragraph (4), in subparagraph (A), by inserting preschool teachers (including in community-based programs) and after placement of . 204. Local applications and needs assessment Section 2122(b) ( 20 U.S.C. 6622(b) ) is amended— (1) in paragraph (1)(A)— (A) in clause (i), by striking and State assessments and inserting State early learning guidelines, and State assessments ; and (B) in clause (ii), by inserting age and developmentally appropriate before curricula ; (2) in paragraph (4), by inserting , including joint high-quality, evidence-based professional development with other early childhood education program providers such as Head Start providers and providers receiving State prekindergarten funds after local programs ; and (3) in paragraph (9), by striking subparagraphs (A) through (D) and inserting the following: (A) teach and address the needs of children in the early grades of elementary school and younger children with different learning styles, particularly students with disabilities, students with special learning needs (including students who are gifted and talented), students with limited English proficiency; (B) improve student behavior in the classroom and identify early and appropriate interventions to help students described in subparagraph (A) learn; (C) engage families in their child's education in a meaningful, and culturally and linguistically appropriate, manner; (D) understand and use data and assessments to improve classroom practice and student learning; and (E) understand and implement effective, developmentally appropriate curricula, teaching, and instructional assessment practices for children in the early grades of elementary school and younger children in all domains of learning and development (including language, literacy, mathematics, creative arts, science, social studies, social and emotional development, physical development and health, and approaches to learning), and including the principles of universal design for learning. . 205. Local use of funds Section 2123(a) (20 U.S.C. 6623(a)) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by inserting teachers with a certificate or license in early childhood education for the early grades of elementary school and younger children, after core academic subjects, ; (2) in paragraph (3)(B), by striking clauses (i) through (v) and inserting the following: (i) involve collaborative groups of teachers and administrators; (ii) involve joint high-quality, evidence-based professional development with other early childhood education programs (including Head Start programs, child care programs, and State funded prekindergarten programs) on developmentally appropriate curricula, assessments for instructional improvement, and other supports of children’s development and learning and shared expectations for transitions from preschool to kindergarten and the early elementary grades; (iii) provide training in how to teach and address the needs of students with different learning styles, particularly students with disabilities, students with special learning needs (including students who are gifted and talented), and students with limited English proficiency; (iv) provide training in child development and learning (including cognitive, social, emotional, and physical development and approaches to learning) of children from birth through the early grades of elementary school; (v) provide training in methods of— (I) improving student behavior in the classroom; and (II) identifying early and appropriate interventions to help students described in clause (iii) learn; (vi) provide training to enable teachers and principals to involve parents in their child's education, especially parents of limited English proficient children and immigrant children; (vii) provide training on how to understand and use data and assessments to improve classroom practice and student learning; and (viii) provide training on how to implement the principles of universal design for learning. ; (3) by redesignating paragraphs (7), (8), and (10) as paragraphs (8), (9), and (10), respectively; and (4) by inserting after paragraph (6) the following: (7) Carrying out high-quality, evidence-based professional development for elementary school principals and other school administrators in early childhood development and education, including— (A) knowledge of child development and developmentally appropriate curricula and teaching practices; (B) collaboration with community-based early childhood education programs, such as Head Start programs, Early Head Start programs, and child care programs; (C) meaningful engagement of families in children’s learning and development; and (D) support for teachers in the early grades of elementary school to use developmentally, culturally, and linguistically appropriate curricula and teaching practices. . 206. Definitions Section 2131(1)(B) ( 20 U.S.C. 6631(1)(B) ) is amended by inserting an organization that represents early childhood education programs in community settings, after a principal organization, . 207. Use of funds for eligible partnerships Section 2134(a)(2) ( 20 U.S.C. 6634(a)(2) ) is amended by striking subparagraph (A) and inserting the following: (A) ensure that the individuals— (i) are able to use challenging State academic content standards and student academic achievement standards, and State assessments, to improve instructional practices and improve student academic achievement; and (ii) who serve children in the early grades of elementary school and younger children, are able to use State early learning guidelines and the full range of domains (cognitive, physical, social, emotional, and approaches to learning); . III Miscellaneous 301. Definitions Section 9101 ( 20 U.S.C. 7801 ) is amended— (1) by redesignating paragraphs (17) through (43) as paragraphs (18) through (44), respectively; (2) by inserting after paragraph (16) the following: (17) Early childhood education program The term early childhood education program has the meaning given the term in section 103 of the Higher Education Act of 1965. ; (3) in paragraph (35)(A) (as redesignated by paragraph (1))— (A) in clause (i), by striking the teachers teach and inserting as well as other learning standards (such as social, emotional, and physical development and approaches to learning) ; (B) in clause (iii), by inserting and other learning after academic content ; (C) in clause (v)(II), by striking or short term ; and (D) in clause (viii)(I), by striking content standards, and inserting content and other learning standards (such as social, emotional, and physical development and approaches to learning), and State early learning guidelines, ; and (4) by adding at the end the following: (45) Universal design for learning The term universal design for learning has the meaning given the term in section 103 of the Higher Education Act of 1965. . |
113-hr-792-ih-dtd | 113-hr-792 | 113 | hr | 792 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr792ih.xml | BILLS-113hr792ih.xml | 2023-01-08 17:37:51.299 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HD301A47D80A94A48A140DA394682D80A" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 792 IH: Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-15
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 792
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="P000599">
Mr. Posey
</sponsor>
(for
himself,
<cosponsor name-id="C001066">
Ms. Castor of Florida
</cosponsor>
,
<cosponsor name-id="C001053">
Mr. Cole
</cosponsor>
,
<cosponsor name-id="R000011">
Mr. Rahall
</cosponsor>
,
<cosponsor name-id="K000363">
Mr.
Kline
</cosponsor>
,
<cosponsor name-id="C001059">
Mr. Costa
</cosponsor>
,
<cosponsor name-id="G000546">
Mr. Graves of Missouri
</cosponsor>
,
<cosponsor name-id="H000324">
Mr. Hastings of Florida
</cosponsor>
,
<cosponsor name-id="B001260">
Mr. Buchanan
</cosponsor>
,
<cosponsor name-id="D000612">
Mr. Denham
</cosponsor>
,
<cosponsor name-id="W000796">
Mr. Westmoreland
</cosponsor>
,
<cosponsor name-id="W000809">
Mr. Womack
</cosponsor>
,
<cosponsor name-id="W000798">
Mr. Walberg
</cosponsor>
, and
<cosponsor name-id="V000129">
Mr. Valadao
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HIF00">
Committee
on Energy and Commerce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Federal Food, Drug, and Cosmetic Act to
clarify the Food and Drug Administration’s jurisdiction over certain tobacco
products, and to protect jobs and small businesses involved in the sale,
manufacturing and distribution of traditional and premium
cigars.
</official-title>
</form>
<legis-body id="H12AC7CE5894E4A38988331153F4677BE" style="OLC">
<section id="H3FAEB1086EC44B63A50C130C07B518E2" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Traditional Cigar Manufacturing and
Small Business Jobs Preservation Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="H64CC048D08B642E6B8C62260E1EAE26C">
<enum>
2.
</enum>
<header>
Limitation of
authority with respect to premium cigars
</header>
<subsection id="H3EF844E568D747D5A94C53071C007E9E">
<enum>
(a)
</enum>
<header>
Exception for
traditional large and premium cigars
</header>
<text display-inline="yes-display-inline">
Section 901(c) of the Federal Food, Drug,
and Cosmetic Act (
<external-xref legal-doc="usc" parsable-cite="usc/21/387a">
21 U.S.C. 387a(c)
</external-xref>
) is amended—
</text>
<paragraph id="H376BFE50746A434491B8E5B49F4AF011">
<enum>
(1)
</enum>
<text>
in paragraph (2),
in the heading, by inserting
<quote>
<header-in-text level="paragraph" style="OLC">
for certain tobacco leaf
</header-in-text>
</quote>
after
<quote>
<header-in-text level="paragraph" style="OLC">
authority
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="H5494CC3ADFDE46DBB4B6C1E7E0CC90FA">
<enum>
(2)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7261B621EFB242AFB0F7568A137A50E7" style="OLC">
<paragraph id="H8D591BAF4D8A4BD98C36E5614B680A3A">
<enum>
(3)
</enum>
<header>
Limitation of
authority for certain cigars
</header>
<subparagraph id="H75B8AB70DD3B4C97B29D64AF68A505AC">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The provisions of
this chapter (except for section 907(d)(3)) shall not apply to traditional
large and premium cigars.
</text>
</subparagraph>
<subparagraph id="HBACC9A1188564EAB931C011CDBA0E758">
<enum>
(B)
</enum>
<header>
Rule of
construction
</header>
<text display-inline="yes-display-inline">
Nothing in this
chapter shall be construed to grant the Secretary authority to promulgate
regulations on any matter that involves traditional large and premium
cigars.
</text>
</subparagraph>
<subparagraph id="HF729983FEC904323B83029E3389C3330">
<enum>
(C)
</enum>
<header>
Traditional
large and premium cigar defined
</header>
<text display-inline="yes-display-inline">
For purposes of this paragraph, the term
<term>
traditional large and premium cigar
</term>
—
</text>
<clause id="H5D34A76991FE4A3882FF6216B4B1AE01">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
means any roll of tobacco that is wrapped
in 100 percent leaf tobacco, bunched with 100 percent tobacco filler, contains
no filter, tip or non-tobacco mouthpiece, weighs at least 6 pounds per 1,000
count, and—
</text>
<subclause id="H94EE3BD2CDA044908021BEBAEB5F57DC">
<enum>
(I)
</enum>
<text>
has a 100 percent
leaf tobacco binder and is hand rolled;
</text>
</subclause>
<subclause id="HC6A5AE90BC9242EE8013FED779EFB664">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
has a 100 percent leaf tobacco binder and
is made using human hands to lay the leaf tobacco wrapper or binder onto only
one machine that bunches, wraps, and caps each individual cigar; or
</text>
</subclause>
<subclause id="H5FE023768B7C4E15A27B8959184FC0A0">
<enum>
(III)
</enum>
<text>
has a
homogenized tobacco leaf binder and is made in the United States using human
hands to lay the 100 percent leaf tobacco wrapper onto only one machine that
bunches, wraps, and caps each individual cigar; and
</text>
</subclause>
</clause>
<clause id="H29F0BEAC86624E0EA04FDEF10CD73AD2">
<enum>
(ii)
</enum>
<text>
does not include
a cigarette (as such term is defined by section 900(3)) or a little cigar (as
such term is defined by section
900(11)).
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H96C811EFA56440B7B080BA34A4E641A1">
<enum>
(b)
</enum>
<header>
Conforming
amendments
</header>
<text display-inline="yes-display-inline">
Section 919(b) of
the Federal Food, Drug, and Cosmetic Act (
<external-xref legal-doc="usc" parsable-cite="usc/21/387s">
21 U.S.C. 387s(b)
</external-xref>
) is amended—
</text>
<paragraph id="H3E400360827E40DB892FB890A1ECC6F8">
<enum>
(1)
</enum>
<text>
in paragraph
(2)(B)(II), by inserting
<quote>
, but excluding traditional large and premium
cigars (as such term is defined under section 901(c)(3)
</quote>
before the
period; and
</text>
</paragraph>
<paragraph id="H46BB960EA3E5465EA825D8C7BDA42CF0">
<enum>
(2)
</enum>
<text>
in paragraph (5)
by inserting
<quote>
subject to section 901(c)(3),
</quote>
before
<quote>
if a
user fee
</quote>
.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 792 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Posey (for himself, Ms. Castor of Florida , Mr. Cole , Mr. Rahall , Mr. Kline , Mr. Costa , Mr. Graves of Missouri , Mr. Hastings of Florida , Mr. Buchanan , Mr. Denham , Mr. Westmoreland , Mr. Womack , Mr. Walberg , and Mr. Valadao ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to clarify the Food and Drug Administration’s jurisdiction over certain tobacco products, and to protect jobs and small businesses involved in the sale, manufacturing and distribution of traditional and premium cigars.
1. Short title This Act may be cited as the Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2013 . 2. Limitation of authority with respect to premium cigars (a) Exception for traditional large and premium cigars Section 901(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387a(c) ) is amended— (1) in paragraph (2), in the heading, by inserting for certain tobacco leaf after authority ; and (2) by adding at the end the following: (3) Limitation of authority for certain cigars (A) In general The provisions of this chapter (except for section 907(d)(3)) shall not apply to traditional large and premium cigars. (B) Rule of construction Nothing in this chapter shall be construed to grant the Secretary authority to promulgate regulations on any matter that involves traditional large and premium cigars. (C) Traditional large and premium cigar defined For purposes of this paragraph, the term traditional large and premium cigar — (i) means any roll of tobacco that is wrapped in 100 percent leaf tobacco, bunched with 100 percent tobacco filler, contains no filter, tip or non-tobacco mouthpiece, weighs at least 6 pounds per 1,000 count, and— (I) has a 100 percent leaf tobacco binder and is hand rolled; (II) has a 100 percent leaf tobacco binder and is made using human hands to lay the leaf tobacco wrapper or binder onto only one machine that bunches, wraps, and caps each individual cigar; or (III) has a homogenized tobacco leaf binder and is made in the United States using human hands to lay the 100 percent leaf tobacco wrapper onto only one machine that bunches, wraps, and caps each individual cigar; and (ii) does not include a cigarette (as such term is defined by section 900(3)) or a little cigar (as such term is defined by section 900(11)). . (b) Conforming amendments Section 919(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387s(b) ) is amended— (1) in paragraph (2)(B)(II), by inserting , but excluding traditional large and premium cigars (as such term is defined under section 901(c)(3) before the period; and (2) in paragraph (5) by inserting subject to section 901(c)(3), before if a user fee . |
113-hr-793-ih-dtd | 113-hr-793 | 113 | hr | 793 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr793ih.xml | BILLS-113hr793ih.xml | 2023-01-08 17:37:51.425 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H555B86917C4B454CBEFDDE31C69C941E" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 793 IH: Firearm Safety and Buyback Grant Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-15
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 793
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="S001156">
Ms. Linda T. Sánchez of
California
</sponsor>
(for herself,
<cosponsor name-id="G000551">
Mr.
Grijalva
</cosponsor>
,
<cosponsor name-id="M001163">
Ms. Matsui
</cosponsor>
,
<cosponsor name-id="L000551">
Ms. Lee of California
</cosponsor>
,
<cosponsor name-id="C001097">
Mr. Cárdenas
</cosponsor>
,
<cosponsor name-id="R000486">
Ms. Roybal-Allard
</cosponsor>
,
<cosponsor name-id="H001063">
Ms. Hahn
</cosponsor>
,
<cosponsor name-id="N000179">
Mrs. Napolitano
</cosponsor>
,
<cosponsor name-id="V000130">
Mr.
Vargas
</cosponsor>
,
<cosponsor name-id="D000216">
Ms. DeLauro
</cosponsor>
,
<cosponsor name-id="N000147">
Ms. Norton
</cosponsor>
,
<cosponsor name-id="R000515">
Mr. Rush
</cosponsor>
,
<cosponsor name-id="C001049">
Mr. Clay
</cosponsor>
,
<cosponsor name-id="S001165">
Mr.
Sires
</cosponsor>
,
<cosponsor name-id="B001242">
Mr. Bishop of New
York
</cosponsor>
,
<cosponsor name-id="M000087">
Mrs. Carolyn B. Maloney of New
York
</cosponsor>
,
<cosponsor name-id="M000312">
Mr. McGovern
</cosponsor>
,
<cosponsor name-id="P000096">
Mr. Pascrell
</cosponsor>
, and
<cosponsor name-id="E000290">
Ms. Edwards
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HWM00">
Committee
on Ways and Means
</committee-name>
, and in addition to the Committee on the
<committee-name committee-id="HJU00">
Judiciary
</committee-name>
, for a period
to be subsequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee
concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Internal Revenue Code of 1986 to impose an
excise tax on concealable firearms and to require the Attorney General to
establish a firearms buyback grant program.
</official-title>
</form>
<legis-body id="H6DE1CAD4A02E43378007DE41AD8EA58E" style="OLC">
<section id="HB2F5E9931C0047479008D9A3940B1877" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Firearm Safety and Buyback Grant Act
of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HBC704F8E4E494F5983173FB363B2D39E">
<enum>
2.
</enum>
<header>
Tax on handgun
purchases
</header>
<subsection id="HC2041F5EACCC42CD9445C6C576D46617">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Chapter 31 of the
Internal Revenue Code of 1986 is amended by adding at the end the following new
subchapter:
</text>
<quoted-block display-inline="no-display-inline" id="H03D6CDECCDDD4562BD8A935F8B054B13" style="OLC">
<subchapter id="HB338D96ADCE64D098BC1C686B0687593">
<enum>
D
</enum>
<header>
Concealable
Firearms
</header>
<toc container-level="subchapter-container" idref="HB338D96ADCE64D098BC1C686B0687593" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H751AAEE32BC647428F64866EDE2E3922" level="section">
Sec. 4056. Imposition of tax.
</toc-entry>
</toc>
<section id="H751AAEE32BC647428F64866EDE2E3922">
<enum>
4056.
</enum>
<header>
Imposition of
tax
</header>
<subsection id="HBF22DA77832641B99016C96BAA3E4B57">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
There is hereby
imposed on any retail sale of any concealable firearms a tax equal to 10
percent of the price for which so sold.
</text>
</subsection>
<subsection id="HA839F7E558CE4E9DA744151C3C0F613A">
<enum>
(b)
</enum>
<header>
By whom
paid
</header>
<text display-inline="yes-display-inline">
The tax imposed by
subsection (a) shall be paid by the seller of the concealable firearm.
</text>
</subsection>
<subsection id="H962646B31D124D21A2B400D18D692123">
<enum>
(c)
</enum>
<header>
Exemption for
law enforcement uses, etc
</header>
<text display-inline="yes-display-inline">
No
tax shall be imposed by this section on the sale of any concealable firearm to
the Federal Government, or a State or local government.
</text>
</subsection>
<subsection id="H21130BD6AF5B4C249C8FE56E51931D1A">
<enum>
(d)
</enum>
<header>
Definitions
</header>
<text>
For
purposes of this section—
</text>
<paragraph id="H157F38708E5A4A55B1155C5EF2121E47">
<enum>
(1)
</enum>
<header>
Concealable
firearm
</header>
<text>
The term
<term>
concealable firearm
</term>
has the meaning
given the term
<term>
any other weapon
</term>
by section 5845.
</text>
</paragraph>
<paragraph id="HAC1BE05EDD0141F8970AB3BF55FE7E97">
<enum>
(2)
</enum>
<header>
Retail
sale
</header>
<subparagraph id="HA23AB1DCBC574DB484BB9EDFF4E0A296">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The term
<term>
retail sale
</term>
means the sale, for a
purpose other than resale, after manufacture, production, or
importation.
</text>
</subparagraph>
<subparagraph id="HA1EBAA40476947C0B194DC9479B1D8D7">
<enum>
(B)
</enum>
<header>
Use treated as
sale
</header>
<clause id="H1DBE18B7AA5B4A78B0A79F5FA4355F46">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
If any person uses an article taxable under this section
before the first retail sale of such article, then such person shall be liable
for tax under this section in the same manner as if such article were sold at
retail by him.
</text>
</clause>
<clause id="H3D96B963415E454BBE87F9C0F79C57AA">
<enum>
(ii)
</enum>
<header>
Exemption for
use in further manufacture
</header>
<text>
Paragraph (1) shall not apply to use
of an article as material in the manufacture or production of, or as a
component part of, another article to be manufactured or produced by
him.
</text>
</clause>
<clause id="HD4030D47000E4797B9F35D63F42301D4">
<enum>
(iii)
</enum>
<header>
Computation of
tax
</header>
<text>
In the case of any person made liable for tax by paragraph
(1), the tax shall be computed on the price at which similar articles are sold
at retail in the ordinary course of trade, as determined by the
Secretary.
</text>
</clause>
<clause id="HBF41BB159AD24B75A9B992982D324177">
<enum>
(iv)
</enum>
<header>
1st retail
sale; determination of price
</header>
<text>
For purposes of this section, rules
similar to the rules of section 4052 shall apply.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H2F677A45C55443909AAE66506D320593">
<enum>
(e)
</enum>
<header>
Coordination
</header>
<text>
The
tax imposed by subsection (a) is in addition to any tax imposed by sections
4181 and
5811.
</text>
</subsection>
</section>
</subchapter>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H43E810C91F0142C7824BAC7CEEA55080">
<enum>
(b)
</enum>
<header>
Clarification
relating to Indian tribal governments
</header>
<text>
Subparagraph (A) of section
7871(a)(2) of such Code is amended by striking
<quote>
relating to tax on
special fuels
</quote>
and inserting
<quote>
relating to retail excise
taxes
</quote>
.
</text>
</subsection>
<subsection id="H2C44509EC7804D45ACCC8A33B9DEF227">
<enum>
(c)
</enum>
<header>
Clerical
amendment
</header>
<text>
The table of subchapters for chapter 31 of such Code is
amended by adding at the end the following new item:
</text>
<quoted-block display-inline="no-display-inline" id="H4920876CCA1B4E88B5A91939CAE480DD" style="OLC">
<toc container-level="quoted-block-container" idref="H03D6CDECCDDD4562BD8A935F8B054B13" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="HB338D96ADCE64D098BC1C686B0687593" level="subchapter">
Subchapter D. Concealable
Firearms.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HDF83F947482C49B783502C0C9BFE5000">
<enum>
(d)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by this section shall apply to sales on
or after the 120th day after the date of the enactment of this Act.
</text>
</subsection>
</section>
<section id="H614560191FC74D15AC62B620ACEE479E" section-type="subsequent-section">
<enum>
3.
</enum>
<header>
Firearms buyback grant
program
</header>
<subsection id="H61A836B11D10470781D1572CD2189165">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Attorney General
shall establish, in accordance with the provisions of this section, a grant
program under which the Attorney General may make grants to eligible entities
described in subsection (d)(1) for State, tribal, and local law enforcement
agencies to carry out anti-violence campaigns, gun safety campaigns, and
firearms buyback programs.
</text>
</subsection>
<subsection id="H4B7611A8551C42F3A24F60A000E0E0AD">
<enum>
(b)
</enum>
<header>
Firearms buyback
program defined
</header>
<text>
For purposes of this section, the term
<term>
firearms buyback program
</term>
means, with respect to a State, tribal,
or local law enforcement agency, a program carried out by such agency—
</text>
<paragraph id="H26740749A3354D59A3C35F5B30A63492">
<enum>
(1)
</enum>
<text>
under which the
agency purchases firearms from, or accepts firearm donations made by,
individuals;
</text>
</paragraph>
<paragraph id="H6D59C33943ED45EB8FF30F8A192710A8">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
the goal of which is to promote
anti-violence campaigns, gun safety, and proper disposal of firearms, and to
provide a process under which individuals may anonymously turn in firearms to
such agency; and
</text>
</paragraph>
<paragraph id="HD2F2350456AD4ABAA54FA5A3546F800E">
<enum>
(3)
</enum>
<text>
under which such
agency may take measures to identify if a firearm obtained through such program
is lost or stolen and may take measures to return any such firearm so
identified to the owner of such firearm.
</text>
</paragraph>
</subsection>
<subsection id="HE60B1CA1210C4DCDB46D50C9970D899A">
<enum>
(c)
</enum>
<header>
Applications
</header>
<paragraph id="H5EFE50227AE149F1A91C4FC7350F2817">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
An eligible entity
desiring a grant under this section shall submit to the Attorney General an
application for the grant, which shall be in such form and contain, in addition
to the information described in paragraph (2), such information as the Attorney
General may require.
</text>
</paragraph>
<paragraph id="H5EA3DFA08AF64267B7A3D32FEFF419C7">
<enum>
(2)
</enum>
<header>
Required
information
</header>
<text>
An application submitted by an eligible entity for a
grant under this section, with respect to a firearms buyback program, shall
contain assurances to the satisfaction of the Attorney General that—
</text>
<subparagraph id="H577BA7FB02104D3CA3E63503FCFBFC7F">
<enum>
(A)
</enum>
<text>
in the case of an
individual from whom a firearm is obtained under the program—
</text>
<clause id="H7885362080FD4044B5B19DEF687C243F">
<enum>
(i)
</enum>
<text>
in
the case such firearm is not a donation, such individual shall be provided a
reward in an amount that is not less than $50 and not more than $350 for such
firearm; and
</text>
</clause>
<clause id="HC5FA3DE2BB0E483B86796A44AA339184">
<enum>
(ii)
</enum>
<text>
such individual
shall remain anonymous, including by the assurance that the law enforcement
agency carrying out such program will not collect or maintain any written
record identifying or leading to the identity of the individual as the
individual who provided such firearm under the program;
</text>
</clause>
</subparagraph>
<subparagraph id="H300B935B06A846D0B54623C651B9344E">
<enum>
(B)
</enum>
<text>
firearms obtained
under the program shall be disposed of in a timely and appropriate manner, as
approved by the Attorney General; and
</text>
</subparagraph>
<subparagraph id="H9F0448684E04420B83758D3D13A65A7B">
<enum>
(C)
</enum>
<text>
none of the funds
provided through the grant will be used for the promotion of firearm
sales.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H533E24BCFE464AD4830296D79DD2F3C0">
<enum>
(d)
</enum>
<header>
Additional
definitions
</header>
<text display-inline="yes-display-inline">
For purposes of
this section:
</text>
<paragraph id="H1F72E9984EA042B598A70791D9A7E2BC">
<enum>
(1)
</enum>
<header>
Eligible
entities
</header>
<text display-inline="yes-display-inline">
The term
<term>
eligible entity
</term>
means a State, unit of local government, Indian
tribal government, or State, tribal, or local law enforcement agency.
</text>
</paragraph>
<paragraph id="H1A556CCD9300444DA19CEA001649FF72">
<enum>
(2)
</enum>
<header>
Firearm
</header>
<text display-inline="yes-display-inline">
The term
<term>
firearm
</term>
has the
meaning given such term by
<external-xref legal-doc="usc" parsable-cite="usc/18/921">
section 921(a)(3)
</external-xref>
of title 18, United States
Code.
</text>
</paragraph>
<paragraph id="H4DB19FC625734B00A25C65DD8D296F0E">
<enum>
(3)
</enum>
<header>
State
</header>
<text>
The
term
<term>
State
</term>
means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands.
</text>
</paragraph>
</subsection>
<subsection id="HBE36FE77FB7348AF9940CC27A10AA6C0">
<enum>
(e)
</enum>
<header>
Funding
</header>
<paragraph id="HC7C9C977DBEC4CF1B205DD7817E1B76C">
<enum>
(1)
</enum>
<header>
Authorization of
appropriations for fiscal year 2013
</header>
<text display-inline="yes-display-inline">
There is authorized to be appropriated
$1,000,000 for fiscal year 2013, in addition to amounts made available under
paragraph (2) for such fiscal year, to carry out this section.
</text>
</paragraph>
<paragraph id="HCB004AC9EC37482CAA9123DE506C388B">
<enum>
(2)
</enum>
<header>
Funds for fiscal
year 2013 and subsequent fiscal years from tax on concealable
firearms
</header>
<text>
For fiscal year 2013 and each subsequent fiscal year,
taxes imposed pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/26/4056">
section 4056
</external-xref>
of the Internal Revenue Code of 1986
shall be available, without further appropriation, to the Attorney General to
carry out this section.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 793 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Ms. Linda T. Sánchez of California (for herself, Mr. Grijalva , Ms. Matsui , Ms. Lee of California , Mr. Cárdenas , Ms. Roybal-Allard , Ms. Hahn , Mrs. Napolitano , Mr. Vargas , Ms. DeLauro , Ms. Norton , Mr. Rush , Mr. Clay , Mr. Sires , Mr. Bishop of New York , Mrs. Carolyn B. Maloney of New York , Mr. McGovern , Mr. Pascrell , and Ms. Edwards ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to impose an excise tax on concealable firearms and to require the Attorney General to establish a firearms buyback grant program.
1. Short title This Act may be cited as the Firearm Safety and Buyback Grant Act of 2013 . 2. Tax on handgun purchases (a) In general Chapter 31 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: D Concealable Firearms Sec. 4056. Imposition of tax. 4056. Imposition of tax (a) In general There is hereby imposed on any retail sale of any concealable firearms a tax equal to 10 percent of the price for which so sold. (b) By whom paid The tax imposed by subsection (a) shall be paid by the seller of the concealable firearm. (c) Exemption for law enforcement uses, etc No tax shall be imposed by this section on the sale of any concealable firearm to the Federal Government, or a State or local government. (d) Definitions For purposes of this section— (1) Concealable firearm The term concealable firearm has the meaning given the term any other weapon by section 5845. (2) Retail sale (A) In general The term retail sale means the sale, for a purpose other than resale, after manufacture, production, or importation. (B) Use treated as sale (i) In general If any person uses an article taxable under this section before the first retail sale of such article, then such person shall be liable for tax under this section in the same manner as if such article were sold at retail by him. (ii) Exemption for use in further manufacture Paragraph (1) shall not apply to use of an article as material in the manufacture or production of, or as a component part of, another article to be manufactured or produced by him. (iii) Computation of tax In the case of any person made liable for tax by paragraph (1), the tax shall be computed on the price at which similar articles are sold at retail in the ordinary course of trade, as determined by the Secretary. (iv) 1st retail sale; determination of price For purposes of this section, rules similar to the rules of section 4052 shall apply. (e) Coordination The tax imposed by subsection (a) is in addition to any tax imposed by sections 4181 and 5811. . (b) Clarification relating to Indian tribal governments Subparagraph (A) of section 7871(a)(2) of such Code is amended by striking relating to tax on special fuels and inserting relating to retail excise taxes . (c) Clerical amendment The table of subchapters for chapter 31 of such Code is amended by adding at the end the following new item: Subchapter D. Concealable Firearms. . (d) Effective date The amendments made by this section shall apply to sales on or after the 120th day after the date of the enactment of this Act. 3. Firearms buyback grant program (a) In general The Attorney General shall establish, in accordance with the provisions of this section, a grant program under which the Attorney General may make grants to eligible entities described in subsection (d)(1) for State, tribal, and local law enforcement agencies to carry out anti-violence campaigns, gun safety campaigns, and firearms buyback programs. (b) Firearms buyback program defined For purposes of this section, the term firearms buyback program means, with respect to a State, tribal, or local law enforcement agency, a program carried out by such agency— (1) under which the agency purchases firearms from, or accepts firearm donations made by, individuals; (2) the goal of which is to promote anti-violence campaigns, gun safety, and proper disposal of firearms, and to provide a process under which individuals may anonymously turn in firearms to such agency; and (3) under which such agency may take measures to identify if a firearm obtained through such program is lost or stolen and may take measures to return any such firearm so identified to the owner of such firearm. (c) Applications (1) In general An eligible entity desiring a grant under this section shall submit to the Attorney General an application for the grant, which shall be in such form and contain, in addition to the information described in paragraph (2), such information as the Attorney General may require. (2) Required information An application submitted by an eligible entity for a grant under this section, with respect to a firearms buyback program, shall contain assurances to the satisfaction of the Attorney General that— (A) in the case of an individual from whom a firearm is obtained under the program— (i) in the case such firearm is not a donation, such individual shall be provided a reward in an amount that is not less than $50 and not more than $350 for such firearm; and (ii) such individual shall remain anonymous, including by the assurance that the law enforcement agency carrying out such program will not collect or maintain any written record identifying or leading to the identity of the individual as the individual who provided such firearm under the program; (B) firearms obtained under the program shall be disposed of in a timely and appropriate manner, as approved by the Attorney General; and (C) none of the funds provided through the grant will be used for the promotion of firearm sales. (d) Additional definitions For purposes of this section: (1) Eligible entities The term eligible entity means a State, unit of local government, Indian tribal government, or State, tribal, or local law enforcement agency. (2) Firearm The term firearm has the meaning given such term by section 921(a)(3) of title 18, United States Code. (3) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (e) Funding (1) Authorization of appropriations for fiscal year 2013 There is authorized to be appropriated $1,000,000 for fiscal year 2013, in addition to amounts made available under paragraph (2) for such fiscal year, to carry out this section. (2) Funds for fiscal year 2013 and subsequent fiscal years from tax on concealable firearms For fiscal year 2013 and each subsequent fiscal year, taxes imposed pursuant to section 4056 of the Internal Revenue Code of 1986 shall be available, without further appropriation, to the Attorney General to carry out this section. |
113-hr-794-ih-dtd | 113-hr-794 | 113 | hr | 794 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr794ih.xml | BILLS-113hr794ih.xml | 2023-01-08 17:37:50.847 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 794 IH: To amend title XVIII of the Social Security Act to provide for treatment of clinical psychologists as physicians for purposes of furnishing clinical psychologist services under the Medicare Program.
</dc:title>
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U.S. House of Representatives
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2013-02-15
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I
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<congress>
113th CONGRESS
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1st Session
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<legis-num>
H. R. 794
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="S001145">
Ms. Schakowsky
</sponsor>
(for herself,
<cosponsor name-id="C000380">
Mrs. Christensen
</cosponsor>
,
<cosponsor name-id="C001080">
Ms. Chu
</cosponsor>
,
<cosponsor name-id="D000191">
Mr. DeFazio
</cosponsor>
,
<cosponsor name-id="E000288">
Mr. Ellison
</cosponsor>
,
<cosponsor name-id="H001034">
Mr. Honda
</cosponsor>
,
<cosponsor name-id="M001160">
Ms. Moore
</cosponsor>
, and
<cosponsor name-id="P000596">
Mr. Pierluisi
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and Commerce
</committee-name>
, and in addition to the Committee on
<committee-name committee-id="HWM00">
Ways and Means
</committee-name>
, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title XVIII of the Social Security Act to provide for treatment of clinical psychologists as physicians for purposes of furnishing clinical psychologist services under the Medicare Program.
</official-title>
</form>
<legis-body id="H654243E3D2EA412F996F919F89B0DCED" style="OLC">
<section id="H9DF4755F6B8E414FB1B4A0147EA2D268" section-type="section-one">
<enum>
1.
</enum>
<header>
Treatment of clinical psychologists as physicians for purposes of furnishing clinical psychologist services
</header>
<subsection id="H06DE593EE4534C88A1D32B9E8BB5B8A8">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
The first sentence of section 1861(r) of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1395x">
42 U.S.C. 1395x(r)
</external-xref>
) is amended—
</text>
<paragraph id="H11CA9B05A22042CEB34477C2B2D88769">
<enum>
(1)
</enum>
<text>
by striking
<quote>
or
</quote>
before
<quote>
(5)
</quote>
; and
</text>
</paragraph>
<paragraph id="HD466B7FDD8AF425CBC662407DF5DC495">
<enum>
(2)
</enum>
<text>
by inserting before the period the following:
<quote>
, or (6) a clinical psychologist, but only with respect to the furnishing of qualified psychologist services described in subsection (ii) for which the psychologist is legally authorized to perform by the State and who is acting within the scope of the psychologist’s license (or other authorization under State law)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H99F02296DDD94314ABE9C9EBAB6E019F">
<enum>
(b)
</enum>
<header>
Effective date
</header>
<text>
The amendments made by subsection (a) shall apply to items and services furnished on or after January 1, 2014.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 794 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Ms. Schakowsky (for herself, Mrs. Christensen , Ms. Chu , Mr. DeFazio , Mr. Ellison , Mr. Honda , Ms. Moore , and Mr. Pierluisi ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for treatment of clinical psychologists as physicians for purposes of furnishing clinical psychologist services under the Medicare Program.
1. Treatment of clinical psychologists as physicians for purposes of furnishing clinical psychologist services (a) In general The first sentence of section 1861(r) of the Social Security Act ( 42 U.S.C. 1395x(r) ) is amended— (1) by striking or before (5) ; and (2) by inserting before the period the following: , or (6) a clinical psychologist, but only with respect to the furnishing of qualified psychologist services described in subsection (ii) for which the psychologist is legally authorized to perform by the State and who is acting within the scope of the psychologist’s license (or other authorization under State law) . (b) Effective date The amendments made by subsection (a) shall apply to items and services furnished on or after January 1, 2014. |
113-hr-795-ih-dtd | 113-hr-795 | 113 | hr | 795 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr795ih.xml | BILLS-113hr795ih.xml | 2023-01-08 17:37:50.744 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dc:title>
113 HR 795 IH: Protecting American Jobs Act
</dc:title>
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U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-15
</dc:date>
<dc:format>
text/xml
</dc:format>
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EN
</dc:language>
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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<form>
<distribution-code display="yes">
I
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<congress>
113th CONGRESS
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<session>
1st Session
</session>
<legis-num>
H. R. 795
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="S001189">
Mr. Austin Scott of Georgia
</sponsor>
(for himself,
<cosponsor name-id="W000796">
Mr. Westmoreland
</cosponsor>
,
<cosponsor name-id="B001243">
Mrs. Blackburn
</cosponsor>
,
<cosponsor name-id="N000186">
Mr. Nunnelee
</cosponsor>
,
<cosponsor name-id="W000795">
Mr. Wilson of South Carolina
</cosponsor>
,
<cosponsor name-id="M001182">
Mr. Mulvaney
</cosponsor>
,
<cosponsor name-id="C001093">
Mr. Collins of Georgia
</cosponsor>
,
<cosponsor name-id="C001087">
Mr. Crawford
</cosponsor>
,
<cosponsor name-id="H001058">
Mr. Huizenga of Michigan
</cosponsor>
,
<cosponsor name-id="F000459">
Mr. Fleischmann
</cosponsor>
,
<cosponsor name-id="G000567">
Mr. Griffin of Arkansas
</cosponsor>
,
<cosponsor name-id="C001053">
Mr. Cole
</cosponsor>
,
<cosponsor name-id="D000621">
Mr. DeSantis
</cosponsor>
,
<cosponsor name-id="D000615">
Mr. Duncan of South Carolina
</cosponsor>
,
<cosponsor name-id="L000578">
Mr. LaMalfa
</cosponsor>
,
<cosponsor name-id="W000798">
Mr. Walberg
</cosponsor>
,
<cosponsor name-id="M001187">
Mr. Meadows
</cosponsor>
,
<cosponsor name-id="B001274">
Mr. Brooks of Alabama
</cosponsor>
,
<cosponsor name-id="K000220">
Mr. Kingston
</cosponsor>
,
<cosponsor name-id="B001273">
Mrs. Black
</cosponsor>
,
<cosponsor name-id="G000550">
Mr. Gingrey of Georgia
</cosponsor>
,
<cosponsor name-id="B001262">
Mr. Broun of Georgia
</cosponsor>
,
<cosponsor name-id="L000576">
Mr. Long
</cosponsor>
, and
<cosponsor name-id="M001190">
Mr. Mullin
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name committee-id="HED00">
Committee on Education and the Workforce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the National Labor Relations Act to modify the authority of the National Labor Relations Board with respect to rulemaking, issuance of complaints, and authority over unfair labor practices.
</official-title>
</form>
<legis-body id="HB1440CB50E7C4A309B0B467B5CDBD56C" style="OLC">
<section id="H9F9E7EBE935F424C9FDD9C0F5DDF1FD1" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Protecting American Jobs Act
</short-title>
</quote>
.
</text>
</section>
<section id="H84FA731132FE4D5B953783F8F7253762">
<enum>
2.
</enum>
<header>
Amendments to the National Labor Relations Act
</header>
<subsection id="H39C52C3112B0444198C7AC42985F7A84">
<enum>
(a)
</enum>
<header>
Duties of the General Counsel and Administrative Law Judges
</header>
<text display-inline="yes-display-inline">
The National Labor Relations Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/151">
29 U.S.C. 151 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="HD794ACB2261448EA98CABE0D0513554F">
<enum>
(1)
</enum>
<text>
in section 3(d), by striking
<quote>
and issuance of complaints under section 10, and in respect of the prosecution of such complaints before the Board
</quote>
; and
</text>
</paragraph>
<paragraph id="HE24B6A828DFF492F9A1B3F452C7516BF">
<enum>
(2)
</enum>
<text>
in section 4(a), by striking the fourth sentence.
</text>
</paragraph>
</subsection>
<subsection id="H885F282C78C34C72BE08B108C1E88F50">
<enum>
(b)
</enum>
<header>
Clarification of the Board’s rulemaking authority
</header>
<text display-inline="yes-display-inline">
Section 6 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/156">
29 U.S.C. 156
</external-xref>
) is amended by adding at the end the following:
<quote>
Such rulemaking authority shall be limited to rules concerning the internal functions of the Board and the Board is prohibited from promulgating rules that affect the substantive rights of any person, employer, employee, or labor organization.
</quote>
.
</text>
</subsection>
<subsection id="H27993B4124564162A2CE327F3E5D0E62">
<enum>
(c)
</enum>
<header>
Investigatory power and Adjudicatory Authority Over Unfair Labor Practice Allegations
</header>
<text display-inline="yes-display-inline">
Section 10 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/60">
29 U.S.C. 60
</external-xref>
) is amended—
</text>
<paragraph id="HEE9261BF259841B399A9DC488A38D178">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (a)—
</text>
<subparagraph id="H35714C099F2D4C45A84C2A2FA8C62B49">
<enum>
(A)
</enum>
<text>
by striking
<quote>
prevent any person from engaging in
</quote>
and inserting
<quote>
investigate
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H28DC1FD1FC5C487082626E21D8D15431">
<enum>
(B)
</enum>
<text>
by striking
<quote>
This power shall
</quote>
and all that follows through the end of the subsection;
</text>
</subparagraph>
</paragraph>
<paragraph id="H814289928F3848529CA2112C9DFA4DF8">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="H8668CB19089A4D61B8477C92852AEC2E">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Whenever it is charged
</quote>
and inserting
<quote>
Whenever it appears
</quote>
;
</text>
</subparagraph>
<subparagraph id="HFA289095D37548B4867FD824F6811A91">
<enum>
(B)
</enum>
<text>
by striking
<quote>
or is engaging in
</quote>
and inserting
<quote>
, is engaging in, or is about to engage in
</quote>
;
</text>
</subparagraph>
<subparagraph id="HEBEC48CC5C284C5CB6DF87319F849FBC">
<enum>
(C)
</enum>
<text>
by striking
<quote>
the Board, or any agent
</quote>
and all that follows through
<quote>
<italic>
Provided,
</italic>
That no complaint shall be issued
</quote>
and inserting
<quote>
the aggrieved party may bring a civil action for such relief (including injunctions) as may be appropriate. Any such action may be brought in the district court of the United States where the violation occurred, or at the option of the parties, in the United States District Court for the District of Columbia. No civil action may be brought
</quote>
;
</text>
</subparagraph>
<subparagraph id="H27ACC214E1404A31A53CEAB60E5453D3">
<enum>
(D)
</enum>
<text>
by striking
<quote>
charge with the Board and the service of a copy thereof upon the person against whom such charge is made
</quote>
and insert
<quote>
civil action
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H7A207BBCEC324C4894B12EEE24C81F17">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
Any such complaint may be amended
</quote>
and all that follows through
<quote>
Any such proceeding shall, so far as practicable,
</quote>
and insert
<quote>
Any such proceeding shall
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H47E7A05A39994D388BE4FD07C2E64DBF">
<enum>
(3)
</enum>
<text>
by striking subsections (c) through (k) and redesignating subsection (l) as subsection (c); and
</text>
</paragraph>
<paragraph id="HD9EFE1E34295482A84EE14F97A49E8A0">
<enum>
(4)
</enum>
<text>
in subsection (c) (as so redesignated)—
</text>
<subparagraph id="H6D25661C6C9244C7AF537BAD678C709A">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Whenever it is charged
</quote>
and inserting
<quote>
Whenever it is alleged
</quote>
;
</text>
</subparagraph>
<subparagraph id="H9729F62F0F304A628BB694F2F5A14005">
<enum>
(B)
</enum>
<text>
in the first sentence, by striking
<quote>
charge
</quote>
both places it appears and inserting
<quote>
allegation
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HCC63A0986B184C51B24FCF6864672260">
<enum>
(C)
</enum>
<text>
by striking
<quote>
and that a complaint should issue, he shall
</quote>
and all that follows through the end of the subsection and inserting
<quote>
, the officer or regional attorney shall, on behalf of the Board, submit a written summary of the findings to all parties involved in the alleged unfair labor practice.
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H57A1CA7F54DD432094DE29AF929FACD9">
<enum>
3.
</enum>
<header>
Regulations
</header>
<text display-inline="no-display-inline">
Not later than 6 months after the date of the enactment of this Act, the National Labor Relations Board shall review and revise all regulations promulgated before such date to implement the amendments made by this Act.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 795 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Austin Scott of Georgia (for himself, Mr. Westmoreland , Mrs. Blackburn , Mr. Nunnelee , Mr. Wilson of South Carolina , Mr. Mulvaney , Mr. Collins of Georgia , Mr. Crawford , Mr. Huizenga of Michigan , Mr. Fleischmann , Mr. Griffin of Arkansas , Mr. Cole , Mr. DeSantis , Mr. Duncan of South Carolina , Mr. LaMalfa , Mr. Walberg , Mr. Meadows , Mr. Brooks of Alabama , Mr. Kingston , Mrs. Black , Mr. Gingrey of Georgia , Mr. Broun of Georgia , Mr. Long , and Mr. Mullin ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the National Labor Relations Act to modify the authority of the National Labor Relations Board with respect to rulemaking, issuance of complaints, and authority over unfair labor practices.
1. Short title This Act may be cited as the Protecting American Jobs Act . 2. Amendments to the National Labor Relations Act (a) Duties of the General Counsel and Administrative Law Judges The National Labor Relations Act ( 29 U.S.C. 151 et seq. ) is amended— (1) in section 3(d), by striking and issuance of complaints under section 10, and in respect of the prosecution of such complaints before the Board ; and (2) in section 4(a), by striking the fourth sentence. (b) Clarification of the Board’s rulemaking authority Section 6 of such Act ( 29 U.S.C. 156 ) is amended by adding at the end the following: Such rulemaking authority shall be limited to rules concerning the internal functions of the Board and the Board is prohibited from promulgating rules that affect the substantive rights of any person, employer, employee, or labor organization. . (c) Investigatory power and Adjudicatory Authority Over Unfair Labor Practice Allegations Section 10 of such Act ( 29 U.S.C. 60 ) is amended— (1) in subsection (a)— (A) by striking prevent any person from engaging in and inserting investigate ; and (B) by striking This power shall and all that follows through the end of the subsection; (2) in subsection (b)— (A) by striking Whenever it is charged and inserting Whenever it appears ; (B) by striking or is engaging in and inserting , is engaging in, or is about to engage in ; (C) by striking the Board, or any agent and all that follows through Provided, That no complaint shall be issued and inserting the aggrieved party may bring a civil action for such relief (including injunctions) as may be appropriate. Any such action may be brought in the district court of the United States where the violation occurred, or at the option of the parties, in the United States District Court for the District of Columbia. No civil action may be brought ; (D) by striking charge with the Board and the service of a copy thereof upon the person against whom such charge is made and insert civil action ; and (E) by striking Any such complaint may be amended and all that follows through Any such proceeding shall, so far as practicable, and insert Any such proceeding shall ; (3) by striking subsections (c) through (k) and redesignating subsection (l) as subsection (c); and (4) in subsection (c) (as so redesignated)— (A) by striking Whenever it is charged and inserting Whenever it is alleged ; (B) in the first sentence, by striking charge both places it appears and inserting allegation ; and (C) by striking and that a complaint should issue, he shall and all that follows through the end of the subsection and inserting , the officer or regional attorney shall, on behalf of the Board, submit a written summary of the findings to all parties involved in the alleged unfair labor practice. . 3. Regulations Not later than 6 months after the date of the enactment of this Act, the National Labor Relations Board shall review and revise all regulations promulgated before such date to implement the amendments made by this Act. |
113-hr-796-ih-dtd | 113-hr-796 | 113 | hr | 796 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr796ih.xml | BILLS-113hr796ih.xml | 2023-01-08 17:37:50.429 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HBB9ED6298F954E5184C199F234212908" public-private="public">
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<dc:title>
113 HR 796 IH: To require the Administrator of the Environmental Protection Agency to use the commercially available volume of cellulosic biofuel in setting requirements for the renewable fuel program under the Clean Air Act, and for other purposes.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-15
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 796
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="S000244">
Mr. Sensenbrenner
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and Commerce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To require the Administrator of the Environmental Protection Agency to use the commercially available volume of cellulosic biofuel in setting requirements for the renewable fuel program under the Clean Air Act, and for other purposes.
</official-title>
</form>
<legis-body id="HCA6E2A58A2424B4AA06E0B249F6A4375" style="OLC">
<section id="H47E98F6EAAC74D1BAA5D5FE2B7AFF9CE" section-type="section-one">
<enum>
1.
</enum>
<header>
Amendment to the Clean Air Act
</header>
<text display-inline="no-display-inline">
Section 211(o)(7)(D)(i) of the Clean Air Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/7545">
42 U.S.C. 7545(o)(7)(D)(i)
</external-xref>
) is amended—
</text>
<paragraph id="HBB9C50983F814DF7A796A7F9EAC1F08D">
<enum>
(1)
</enum>
<text>
by striking
<quote>
, as determined by the Administrator based on the estimate provided under paragraph (3)(A)
</quote>
;
</text>
</paragraph>
<paragraph id="H1F40F390F1EB4E5FA66D00DD57AD9492">
<enum>
(2)
</enum>
<text>
by striking
<quote>
the Administrator may also reduce
</quote>
and inserting
<quote>
the Administrator shall also reduce
</quote>
; and
</text>
</paragraph>
<paragraph id="HE54554DC563F4BE4B22A9F8BA92C8EC7">
<enum>
(3)
</enum>
<text>
by inserting
<quote>
For purposes of this subparagraph, the projected volume of cellulosic biofuel production for a calendar year shall not be more than 5 percent or 1 million gallons (whichever is greater) more than the total volume of cellulosic biofuel that was commercially available for the most recent calendar year for which such total volume is known.
</quote>
after
<quote>
by the same or a lesser volume.
</quote>
.
</text>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 796 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Administrator of the Environmental Protection Agency to use the commercially available volume of cellulosic biofuel in setting requirements for the renewable fuel program under the Clean Air Act, and for other purposes.
1. Amendment to the Clean Air Act Section 211(o)(7)(D)(i) of the Clean Air Act ( 42 U.S.C. 7545(o)(7)(D)(i) ) is amended— (1) by striking , as determined by the Administrator based on the estimate provided under paragraph (3)(A) ; (2) by striking the Administrator may also reduce and inserting the Administrator shall also reduce ; and (3) by inserting For purposes of this subparagraph, the projected volume of cellulosic biofuel production for a calendar year shall not be more than 5 percent or 1 million gallons (whichever is greater) more than the total volume of cellulosic biofuel that was commercially available for the most recent calendar year for which such total volume is known. after by the same or a lesser volume. . |
113-hr-797-ih-dtd | 113-hr-797 | 113 | hr | 797 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr797ih.xml | BILLS-113hr797ih.xml | 2023-01-08 17:37:50.536 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H4AC9050A917B47239AC6AF17F28DEF43" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 797 IH: Municipal Advisor Oversight Improvement Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-15
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 797
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="S001187">
Mr. Stivers
</sponsor>
(for
himself,
<cosponsor name-id="M001160">
Ms. Moore
</cosponsor>
, and
<cosponsor name-id="P000588">
Mr. Pearce
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HBA00">
Committee
on Financial Services
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Securities Exchange Act of 1934 to clarify
provisions relating to the regulation of municipal advisors, and for other
purposes.
</official-title>
</form>
<legis-body id="HCBC9EECF15084F07AF1206E48143ABC4" style="OLC">
<section id="H06A645DA69D248ACA32BAE115C7631B9" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Municipal Advisor Oversight Improvement Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="H86573AA15D9043ED8FDBD1E66291F271">
<enum>
2.
</enum>
<header>
Registration of
municipal securities dealers
</header>
<text display-inline="no-display-inline">
Section 15B(a)(1)(B) of the Securities
Exchange Act of 1934 (
<external-xref legal-doc="usc" parsable-cite="usc/15/78o-4">
15 U.S.C. 78o–4(a)(1)(B)
</external-xref>
) is amended by striking
<quote>
or on behalf of
</quote>
.
</text>
</section>
<section id="HA37C3F925872499088B0EDBA0E0A4A62">
<enum>
3.
</enum>
<header>
Municipal
Securities Rulemaking Board; rules and regulations
</header>
<text display-inline="no-display-inline">
Section
15B(b)(2)(L) of the Securities Exchange Act of 1934 (
<external-xref legal-doc="usc" parsable-cite="usc/15/78o-4">
15 U.S.C. 78o–4(b)(2)(L)
</external-xref>
)
is amended—
</text>
<paragraph id="H17BA4C7B319F4491B3CF8E8C210F6548">
<enum>
(1)
</enum>
<text>
in clause (iii),
by striking
<quote>
and
</quote>
at the end;
</text>
</paragraph>
<paragraph id="H1232855E1F3A426A911F25FC108349A6">
<enum>
(2)
</enum>
<text>
in clause (iv), by
striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="H67865AE1386242428794D302DFB76BA9">
<enum>
(3)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HEDD1995D352C44AE9F429EED6690069D" style="OLC">
<clause id="H6D37CA359CAB4636A48BE00A99D86EFC">
<enum>
(v)
</enum>
<text display-inline="yes-display-inline">
not regulate as a municipal advisor the
activities of a person referred to in subparagraph (C) of subsection (e)(4), to
the extent that such activities are described under such
subparagraph.
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H65363506C1104660B919BA2CCD724825">
<enum>
4.
</enum>
<header>
Discipline of
municipal securities dealers; censure; suspension or revocation of
registration
</header>
<subsection id="H5DC01F495450479ABA14766E31CF001F">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 15B(c)(1) of
the Securities Exchange Act of 1934 (
<external-xref legal-doc="usc" parsable-cite="usc/15/78o-4">
15 U.S.C. 78o–4(c)(1)
</external-xref>
) is amended to read
as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H20E2BE6A56BC49C1A6AFB24732D2AA05" style="OLC">
<paragraph id="H6EB51B83E9514E449BB77BA98645B938">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
No broker, dealer, or municipal securities
dealer shall make use of the mails or any means or instrumentality of
interstate commerce to effect any transaction in, or to induce or attempt to
induce the purchase or sale of, any municipal security, and no broker, dealer,
municipal securities dealer, or municipal advisor shall make use of the mails
or any means or instrumentality of interstate commerce to provide advice to or
on behalf of a municipal entity or obligated person with respect to municipal
financial products, the issuance of municipal securities, or to undertake a
solicitation of a municipal entity or obligated person, in contravention of any
rule of the Board. A municipal advisor, when acting pursuant to an engagement
described in subsection (e)(4)(A)(i), and any person associated with such
municipal advisor, shall be deemed to have a fiduciary duty with respect to
such engagement to any municipal entity for whom such municipal advisor acts as
a municipal advisor, and no municipal advisor may engage in any act, practice,
or course of business which is not consistent with such municipal advisor's
fiduciary duty or that is in contravention of any rule of the Board. In issuing
regulations to carry out the previous sentence and subsection (b)(2)(L)(i), the
Board shall—
</text>
<subparagraph id="HDA3C9E228543491AB5127C7D82E2E9B0">
<enum>
(A)
</enum>
<text>
require that a
municipal advisor act in accordance with its fiduciary duty to its municipal
entity clients, but only in connection with those specific activities involving
such municipal entity client described under subsection (e)(4)(A)(i) (and not
excluded under subsection (e)(4)(C));
</text>
</subparagraph>
<subparagraph id="HE52595A4FAF44A8FBAC8795703C5CE08">
<enum>
(B)
</enum>
<text>
specify when such
duties begin and terminate in relation to such activities; and
</text>
</subparagraph>
<subparagraph id="H53E836A783F54DB0B8F2D9EC45F66F85">
<enum>
(C)
</enum>
<text>
not prohibit
principal transactions by municipal advisors or the receipt of compensation
based on commissions or other standard compensation in relation to the purchase
or sale of a security or other instrument (including deposit or foreign
exchange), except that the Board—
</text>
<clause id="H759E6FEF53FE46C1AA09E06495EFE14F">
<enum>
(i)
</enum>
<text>
may issue rules
requiring a municipal advisor to only engage in such transactions or receive
such compensation in a manner that is consistent with the municipal advisor’s
fiduciary duty; and
</text>
</clause>
<clause id="HD0D9034FE5DE41C0825836763F70961B">
<enum>
(ii)
</enum>
<text>
may prohibit a
municipal advisor that has been engaged to provide advice with respect to an
underwritten offering of securities from concurrently acting as an underwriter
of such
offering.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HBFCC598A564A44C081B2C363EF35368B">
<enum>
(b)
</enum>
<header>
Technical
correction
</header>
<paragraph id="H52D05B21CF964AFCBF8E04999D6CF6EC">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Section 975(c)(5) of the Dodd-Frank Wall Street Reform
and Consumer Protection Act is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HBE054E850F824698A0E902B3E652036D" style="OLC">
<paragraph id="H75E64DFE5FB64F4DABE0A09968C59779">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
in paragraph (4), by inserting
<quote>
or
municipal advisor
</quote>
after
<quote>
municipal securities dealer
</quote>
each
place that term
appears;
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H5A0903FBD8A44AC7B5BB2070B56C4F09">
<enum>
(2)
</enum>
<header>
Effective
date
</header>
<text>
The amendment made by paragraph (1) shall take effect on the
date of the enactment of the Dodd-Frank Wall Street Reform and Consumer
Protection Act, as if included in such Act.
</text>
</paragraph>
</subsection>
</section>
<section id="HB67DD3713ECE42089D2BC723E68ABE92">
<enum>
5.
</enum>
<header>
Definition of
investment strategies
</header>
<text display-inline="no-display-inline">
Section
15B(e)(3) of the Securities Exchange Act of 1934 (
<external-xref legal-doc="usc" parsable-cite="usc/15/78o-4">
15 U.S.C. 78o–4(e)(3)
</external-xref>
) is
amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HB8A1E56415504653824FD41BB9C9E2E7" style="OLC">
<paragraph id="HD6EFBE6162354D45B3D8237CBB01B2EF">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
the term
<term>
investment
strategies
</term>
—
</text>
<subparagraph id="HC61AE8B30CB3488EA022FEE5F79212C4">
<enum>
(A)
</enum>
<text>
means plans or
programs for the investment of the direct proceeds of municipal securities (but
not other public funds) that are not municipal derivatives or guaranteed
investment contracts, and the recommendation of and brokerage of municipal
escrow investments, where, with respect to the municipal advisor offering such
plans, programs, or recommendations, such proceeds of municipal securities and
municipal escrow investments—
</text>
<clause id="HC55349394972452780EE529DDA501954">
<enum>
(i)
</enum>
<text>
are known or
should be known to the municipal advisor to be comprised of funds or
investments maintained in a segregated account that is exclusively for the
purpose of maintaining such proceeds or escrow investment; or
</text>
</clause>
<clause id="H4D35EA2C160B4DFCAB5F7F90EF1FAB16">
<enum>
(ii)
</enum>
<text>
have been
identified to the municipal advisor, in writing, as funds or investments that
constitute the proceeds of municipal securities or municipal escrow
investments; and
</text>
</clause>
</subparagraph>
<subparagraph id="H60E77B0961F641E68744701576ED7A7A">
<enum>
(B)
</enum>
<text>
does not
include—
</text>
<clause id="H3423C5CAD5BE4DDEB7315DC4027284D1">
<enum>
(i)
</enum>
<text>
merely acting as a
broker or principal with respect to the purchase or sale of a security or other
instrument (including deposit or foreign exchange);
</text>
</clause>
<clause id="HC0C57EA8E2264E33A94AC3A8F0897CB4">
<enum>
(ii)
</enum>
<text>
providing a list
of, or price quotations for, investment options or securities or other
instruments which may be available for purchase or investment or which satisfy
investment criteria specified by a municipal entity;
</text>
</clause>
<clause id="H0B514ECFF0ED40EF828C64FCE168F201">
<enum>
(iii)
</enum>
<text>
acting as a
custodian;
</text>
</clause>
<clause id="HE6588567728F4962AECC889E9E56EEF0">
<enum>
(iv)
</enum>
<text>
providing
generalized information concerning investments which are not tailored to the
specific investment objectives of the municipal entity; or
</text>
</clause>
<clause id="HCFB9E2E33ECC4CD8BDF3625B5E266E0B">
<enum>
(v)
</enum>
<text>
providing advice
with respect to matters other than the investment of funds or financial
products;
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H7091DF0FA0BB49A085F7399475A3A558" section-type="subsequent-section">
<enum>
6.
</enum>
<header>
Definition of
municipal advisor
</header>
<text display-inline="no-display-inline">
Section
15B(e)(4) of the Securities Exchange Act of 1934 (
<external-xref legal-doc="usc" parsable-cite="usc/15/78o-4">
15 U.S.C. 78o–4(e)(4)
</external-xref>
) is
amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H76F0985F54AF4DAEAFDDD898522364D3" style="OLC">
<paragraph id="H360F5A6D96A64B8A890F4D3252F00837">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
the term
<term>
municipal
advisor
</term>
—
</text>
<subparagraph id="H97D971CE5F854F9185F0969465601413">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
means a person (who is not a municipal
entity or obligated person, or an employee of a municipal entity or obligated
person) that—
</text>
<clause id="HAC1B04148C004AE1B8EC453639F21075">
<enum>
(i)
</enum>
<text>
is
engaged, for compensation, by a municipal entity or obligated person to provide
advice to a municipal entity or obligated person with respect to municipal
financial products or the issuance of municipal securities, including advice
with respect to the structure, timing, terms, and other similar matters
concerning such financial products or issues; or
</text>
</clause>
<clause id="HEF4BBFEBE7C744A2ABF7E022D68C6395">
<enum>
(ii)
</enum>
<text>
undertakes a
solicitation of a municipal entity;
</text>
</clause>
</subparagraph>
<subparagraph id="H8C8F4813EC13462FA8064BF3F1CB1B31">
<enum>
(B)
</enum>
<text>
includes financial
advisors, guaranteed investment contract brokers, third-party marketers,
placement agents, solicitors, finders, and swap advisors, if such persons are
described in either of clauses (i) or (ii) of subparagraph (A) and are not
excluded under subparagraph (C); and
</text>
</subparagraph>
<subparagraph id="HF87F9378148A4963AA5D0DDC3512A289">
<enum>
(C)
</enum>
<text>
does not include,
solely as a result of their performing the following activities—
</text>
<clause id="H12BFED3F1F104B6CA96862979E092B88">
<enum>
(i)
</enum>
<text>
any broker,
dealer, or municipal securities dealer registered with the Commission, to the
extent that such broker, dealer, or municipal securities dealer is serving or
is seeking to serve as an underwriter, placement agent, remarketing agent,
dealer-manager, or in a similar capacity, or is providing advice related to or
in connection with any such activities and not for separate compensation, or
any person associated with such a broker, dealer, or municipal securities
dealer;
</text>
</clause>
<clause id="HD79A6256BBEC49BA9CAEC65FD6ED79FF">
<enum>
(ii)
</enum>
<text>
an investment
adviser registered under the Investment Advisers Act of 1940 (15 U.S.C. 80b–1
et seq.) or with any State or territory of the United States that is providing
investment advice (whether or not of a type that would subject a person to
registration under such Act), or any person associated with such an investment
adviser;
</text>
</clause>
<clause id="HF52EAD53BFBF4D12AF2DD235C4DE0542">
<enum>
(iii)
</enum>
<text>
any person
registered under the Commodity Exchange Act (
<external-xref legal-doc="usc" parsable-cite="usc/7/1">
7 U.S.C. 1 et seq.
</external-xref>
) or this Act in
relation to such person’s activities with respect to swaps or security-based
swaps that is providing advice related to swaps or security-based swaps, or
providing advice that is related to or in connection with any such activities
and not for separate compensation, or any person associated with such
person;
</text>
</clause>
<clause id="H78D291B6C5A54DA982C3C3C4DC01F49E">
<enum>
(iv)
</enum>
<text>
a
financial institution engaging in any of the activities referred to in clause
(i), (ii), or (iii) pursuant to an exemption from registration, acting as a
dealer or principal with respect to deposits, foreign exchange, or identified
banking products (as defined in paragraphs (1) through (5) of section 206(a) of
the Gramm-Leach-Bliley Act (
<external-xref legal-doc="usc" parsable-cite="usc/15/78c">
15 U.S.C. 78c(a)
</external-xref>
)), providing other traditional
banking or trust services otherwise subject to a fiduciary duty under State or
Federal law, providing administrative or operational services or support, or
providing advice that is related to or in connection with any such activities
and not for separate compensation;
</text>
</clause>
<clause id="H6AA7E9B943E245309878A8EAF807A7DE">
<enum>
(v)
</enum>
<text>
any person subject
to regulation by a State insurance regulator providing insurance products or
services or providing advice that is related to or in connection with any such
activities and not for separate compensation;
</text>
</clause>
<clause id="H81039AC89BF64209B2FA7A2AF3528409">
<enum>
(vi)
</enum>
<text>
an accountant (or
person associated with such accountant) providing customary and usual
accounting services, including any attestation or audit service or issuing
letters for underwriters for a municipal entity or providing advice that is
related to or in connection with any such activities and not for separate
compensation;
</text>
</clause>
<clause id="HBAE26A3CDD664ABE9B8F03970C62DD6C">
<enum>
(vii)
</enum>
<text>
any attorney
offering legal advice or providing services that are of a traditional legal
nature;
</text>
</clause>
<clause id="H0135A093E6BB475EB24509817637B535">
<enum>
(viii)
</enum>
<text>
an engineer
providing engineering advice; or
</text>
</clause>
<clause id="HE1CC98A2EF8A4833877CCD2741E2C497">
<enum>
(ix)
</enum>
<text>
any elected or
appointed member of a governing body of a municipal entity or obligated person,
with respect to such member’s role on the governing
body;
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HF2E432E98F454DC99F0AF3FC0F7FEAD8">
<enum>
7.
</enum>
<header>
Definition of
solicitation of a municipal entity or obligated person
</header>
<text display-inline="no-display-inline">
Section 15B(e)(9) of the Securities Exchange
Act of 1934 (
<external-xref legal-doc="usc" parsable-cite="usc/15/78o-4">
15 U.S.C. 78o–4(e)(9)
</external-xref>
) is amended by striking
<quote>
or on behalf
of a municipal entity; and
</quote>
and inserting the following:
<quote>
a
municipal entity, but communications on behalf of a fund or other collective
investment vehicle shall not be deemed to be on behalf of any investment
adviser that advises or manages such fund or investment
vehicle;
</quote>
.
</text>
</section>
<section id="H292C52475BF542399A24103406F6BEB5">
<enum>
8.
</enum>
<header>
Definition of
municipal derivative
</header>
<text display-inline="no-display-inline">
Section
15B(e) of the Securities Exchange Act of 1934 (
<external-xref legal-doc="usc" parsable-cite="usc/15/78o-4">
15 U.S.C. 78o–4(e)
</external-xref>
) is
amended—
</text>
<paragraph id="H606E7D7E5C2A43B2ADFAAA25F4850DBF">
<enum>
(1)
</enum>
<text>
in paragraph (10),
by striking the period on the end and inserting a semicolon; and
</text>
</paragraph>
<paragraph id="HE902C80A1D674775BDFFCE43AEAF353A">
<enum>
(2)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H9C94B0D45DE94A4AAC4F74D9F1D77AD3" style="OLC">
<paragraph id="HD6CDC6C9597B46DD8E47BE7FCCD0C66E">
<enum>
(11)
</enum>
<text display-inline="yes-display-inline">
the term
<term>
municipal derivative
</term>
means a swap or security-based swap in which a municipal entity is a
counterparty;
and
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H8669631698254DD0B765D7ACA33DC33E">
<enum>
9.
</enum>
<header>
Definition of on
behalf of
</header>
<text display-inline="no-display-inline">
Section 15B(e) of
the Securities Exchange Act of 1934 (
<external-xref legal-doc="usc" parsable-cite="usc/15/78o-4">
15 U.S.C. 78o–4(e)
</external-xref>
), as amended by section
7, is further amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H133C64998BD340AEB6D94F3158347463" style="OLC">
<paragraph id="H2506D3C614D3459A8FA03C177D0D5AF1">
<enum>
(12)
</enum>
<text display-inline="yes-display-inline">
the term to provide advice
<quote>
on behalf
of a municipal entity or obligated person
</quote>
means to provide advice to a
person that is known to be engaged by a municipal entity or obligated person to
provide services to such municipal entity or obligated person in connection
with the issuance of municipal
securities.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 797 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Stivers (for himself, Ms. Moore , and Mr. Pearce ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Exchange Act of 1934 to clarify provisions relating to the regulation of municipal advisors, and for other purposes.
1. Short title This Act may be cited as the Municipal Advisor Oversight Improvement Act of 2013 . 2. Registration of municipal securities dealers Section 15B(a)(1)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(a)(1)(B) ) is amended by striking or on behalf of . 3. Municipal Securities Rulemaking Board; rules and regulations Section 15B(b)(2)(L) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(b)(2)(L) ) is amended— (1) in clause (iii), by striking and at the end; (2) in clause (iv), by striking the period and inserting ; and ; and (3) by adding at the end the following: (v) not regulate as a municipal advisor the activities of a person referred to in subparagraph (C) of subsection (e)(4), to the extent that such activities are described under such subparagraph. . 4. Discipline of municipal securities dealers; censure; suspension or revocation of registration (a) In general Section 15B(c)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(c)(1) ) is amended to read as follows: (1) No broker, dealer, or municipal securities dealer shall make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce or attempt to induce the purchase or sale of, any municipal security, and no broker, dealer, municipal securities dealer, or municipal advisor shall make use of the mails or any means or instrumentality of interstate commerce to provide advice to or on behalf of a municipal entity or obligated person with respect to municipal financial products, the issuance of municipal securities, or to undertake a solicitation of a municipal entity or obligated person, in contravention of any rule of the Board. A municipal advisor, when acting pursuant to an engagement described in subsection (e)(4)(A)(i), and any person associated with such municipal advisor, shall be deemed to have a fiduciary duty with respect to such engagement to any municipal entity for whom such municipal advisor acts as a municipal advisor, and no municipal advisor may engage in any act, practice, or course of business which is not consistent with such municipal advisor's fiduciary duty or that is in contravention of any rule of the Board. In issuing regulations to carry out the previous sentence and subsection (b)(2)(L)(i), the Board shall— (A) require that a municipal advisor act in accordance with its fiduciary duty to its municipal entity clients, but only in connection with those specific activities involving such municipal entity client described under subsection (e)(4)(A)(i) (and not excluded under subsection (e)(4)(C)); (B) specify when such duties begin and terminate in relation to such activities; and (C) not prohibit principal transactions by municipal advisors or the receipt of compensation based on commissions or other standard compensation in relation to the purchase or sale of a security or other instrument (including deposit or foreign exchange), except that the Board— (i) may issue rules requiring a municipal advisor to only engage in such transactions or receive such compensation in a manner that is consistent with the municipal advisor’s fiduciary duty; and (ii) may prohibit a municipal advisor that has been engaged to provide advice with respect to an underwritten offering of securities from concurrently acting as an underwriter of such offering. . (b) Technical correction (1) In general Section 975(c)(5) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended to read as follows: (5) in paragraph (4), by inserting or municipal advisor after municipal securities dealer each place that term appears; . (2) Effective date The amendment made by paragraph (1) shall take effect on the date of the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as if included in such Act. 5. Definition of investment strategies Section 15B(e)(3) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(e)(3) ) is amended to read as follows: (3) the term investment strategies — (A) means plans or programs for the investment of the direct proceeds of municipal securities (but not other public funds) that are not municipal derivatives or guaranteed investment contracts, and the recommendation of and brokerage of municipal escrow investments, where, with respect to the municipal advisor offering such plans, programs, or recommendations, such proceeds of municipal securities and municipal escrow investments— (i) are known or should be known to the municipal advisor to be comprised of funds or investments maintained in a segregated account that is exclusively for the purpose of maintaining such proceeds or escrow investment; or (ii) have been identified to the municipal advisor, in writing, as funds or investments that constitute the proceeds of municipal securities or municipal escrow investments; and (B) does not include— (i) merely acting as a broker or principal with respect to the purchase or sale of a security or other instrument (including deposit or foreign exchange); (ii) providing a list of, or price quotations for, investment options or securities or other instruments which may be available for purchase or investment or which satisfy investment criteria specified by a municipal entity; (iii) acting as a custodian; (iv) providing generalized information concerning investments which are not tailored to the specific investment objectives of the municipal entity; or (v) providing advice with respect to matters other than the investment of funds or financial products; . 6. Definition of municipal advisor Section 15B(e)(4) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(e)(4) ) is amended to read as follows: (4) the term municipal advisor — (A) means a person (who is not a municipal entity or obligated person, or an employee of a municipal entity or obligated person) that— (i) is engaged, for compensation, by a municipal entity or obligated person to provide advice to a municipal entity or obligated person with respect to municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues; or (ii) undertakes a solicitation of a municipal entity; (B) includes financial advisors, guaranteed investment contract brokers, third-party marketers, placement agents, solicitors, finders, and swap advisors, if such persons are described in either of clauses (i) or (ii) of subparagraph (A) and are not excluded under subparagraph (C); and (C) does not include, solely as a result of their performing the following activities— (i) any broker, dealer, or municipal securities dealer registered with the Commission, to the extent that such broker, dealer, or municipal securities dealer is serving or is seeking to serve as an underwriter, placement agent, remarketing agent, dealer-manager, or in a similar capacity, or is providing advice related to or in connection with any such activities and not for separate compensation, or any person associated with such a broker, dealer, or municipal securities dealer; (ii) an investment adviser registered under the Investment Advisers Act of 1940 (15 U.S.C. 80b–1 et seq.) or with any State or territory of the United States that is providing investment advice (whether or not of a type that would subject a person to registration under such Act), or any person associated with such an investment adviser; (iii) any person registered under the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ) or this Act in relation to such person’s activities with respect to swaps or security-based swaps that is providing advice related to swaps or security-based swaps, or providing advice that is related to or in connection with any such activities and not for separate compensation, or any person associated with such person; (iv) a financial institution engaging in any of the activities referred to in clause (i), (ii), or (iii) pursuant to an exemption from registration, acting as a dealer or principal with respect to deposits, foreign exchange, or identified banking products (as defined in paragraphs (1) through (5) of section 206(a) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 78c(a) )), providing other traditional banking or trust services otherwise subject to a fiduciary duty under State or Federal law, providing administrative or operational services or support, or providing advice that is related to or in connection with any such activities and not for separate compensation; (v) any person subject to regulation by a State insurance regulator providing insurance products or services or providing advice that is related to or in connection with any such activities and not for separate compensation; (vi) an accountant (or person associated with such accountant) providing customary and usual accounting services, including any attestation or audit service or issuing letters for underwriters for a municipal entity or providing advice that is related to or in connection with any such activities and not for separate compensation; (vii) any attorney offering legal advice or providing services that are of a traditional legal nature; (viii) an engineer providing engineering advice; or (ix) any elected or appointed member of a governing body of a municipal entity or obligated person, with respect to such member’s role on the governing body; . 7. Definition of solicitation of a municipal entity or obligated person Section 15B(e)(9) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(e)(9) ) is amended by striking or on behalf of a municipal entity; and and inserting the following: a municipal entity, but communications on behalf of a fund or other collective investment vehicle shall not be deemed to be on behalf of any investment adviser that advises or manages such fund or investment vehicle; . 8. Definition of municipal derivative Section 15B(e) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(e) ) is amended— (1) in paragraph (10), by striking the period on the end and inserting a semicolon; and (2) by adding at the end the following: (11) the term municipal derivative means a swap or security-based swap in which a municipal entity is a counterparty; and . 9. Definition of on behalf of Section 15B(e) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(e) ), as amended by section 7, is further amended by adding at the end the following: (12) the term to provide advice on behalf of a municipal entity or obligated person means to provide advice to a person that is known to be engaged by a municipal entity or obligated person to provide services to such municipal entity or obligated person in connection with the issuance of municipal securities. . |
113-hr-798-ih-dtd | 113-hr-798 | 113 | hr | 798 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr798ih.xml | BILLS-113hr798ih.xml | 2023-01-08 17:37:50.635 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H08F56BB9200548189924A46B3F96AA37" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 798 IH: Workforce Investment Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-15
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 798
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="T000266">
Mr. Tierney
</sponsor>
(for
himself,
<cosponsor name-id="H000636">
Mr. Hinojosa
</cosponsor>
, and
<cosponsor name-id="M000725">
Mr. George Miller of California
</cosponsor>
)
introduced the following bill; which was referred to the
<committee-name committee-id="HED00">
Committee on Education and the
Workforce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To reauthorize the Workforce Investment Act of 1998 to
strengthen the United States workforce investment system through innovation in,
and alignment and improvement of, employment, training, and education programs,
and to promote national economic growth, and for other
purposes.
</official-title>
</form>
<legis-body id="H9949D33489DE4A908F8B9CBB1631B732" style="OLC">
<section id="HDAAE50E06F4A408091654AB530216DF2" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title and table of
contents
</header>
<subsection id="H76A6F235B482465D8A31DE9A3A4B799E">
<enum>
(a)
</enum>
<header>
Short
title
</header>
<text display-inline="yes-display-inline">
This Act may be cited
as the
<quote>
<short-title>
Workforce Investment Act of
2013
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="H056618CD4A2247E2947B33A18251630C">
<enum>
(b)
</enum>
<header>
Table of
contents
</header>
<text>
The table of contents for this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="HDAAE50E06F4A408091654AB530216DF2" level="section">
Sec. 1. Short title and table of contents.
</toc-entry>
<toc-entry idref="H4C28EC65E0B3445EB60B8AF9E017CBE2" level="section">
Sec. 2. Purposes and principles.
</toc-entry>
<toc-entry idref="H09EAAD12DA2D453AA03E0C3BF21BE12B" level="title">
Title I—Workforce Investment Systems
</toc-entry>
<toc-entry idref="H67E82D571CC34B649C73A5CB972B3948" level="subtitle">
Subtitle A—Definitions
</toc-entry>
<toc-entry idref="H9AA90C87AB8C439AB98267BB4E712618" level="section">
Sec. 101. Definitions.
</toc-entry>
<toc-entry idref="H9F3DFDB088EC4963B73DA1A7BDF8CD1B" level="subtitle">
Subtitle B—Statewide and Local Workforce Investment
Systems
</toc-entry>
<toc-entry idref="H467A837A34ED4B64914B96E4CAFC0310" level="section">
Sec. 111. State workforce investment boards and requirements
for State plans.
</toc-entry>
<toc-entry idref="H6E290E9A005E41BB9EFD6329BB016BA9" level="section">
Sec. 112. State unified plan.
</toc-entry>
<toc-entry idref="H25B3773FCB744ECA8033128291D163F9" level="section">
Sec. 113. Local workforce investment areas and
boards.
</toc-entry>
<toc-entry idref="H06B36C502CE0484F94CD365186D90CBE" level="section">
Sec. 114. Additional one-stop programs and
activities.
</toc-entry>
<toc-entry idref="H1BC35827D45E4DF8A4874E98E16DE939" level="section">
Sec. 115. Providers of training services.
</toc-entry>
<toc-entry idref="HD29FAB426B404339BDBF627049EE19AA" level="section">
Sec. 116. Youth activities.
</toc-entry>
<toc-entry idref="H8011277E979F4DBAAC071E647AF6DB19" level="section">
Sec. 117. Adult and dislocated worker training
activities.
</toc-entry>
<toc-entry idref="H4A20383CAF39403F98004447C70A953C" level="section">
Sec. 118. Unified performance accountability
system.
</toc-entry>
<toc-entry idref="H1D40AB7001EB46A1990E88EFFFD1F88A" level="section">
Sec. 119. Authorization of funding for one-stop
infrastructure.
</toc-entry>
<toc-entry idref="H5751DF66820D46DBBCEACDC3AFA0B124" level="subtitle">
Subtitle C—Job Corps
</toc-entry>
<toc-entry idref="HECCDCBBD33834082ACF56CA12AE09BD1" level="section">
Sec. 131. Purposes.
</toc-entry>
<toc-entry idref="HAA3619AFB2EC469DBFD3952543DD57B9" level="section">
Sec. 132. Definitions.
</toc-entry>
<toc-entry idref="H1C3A5A1F43894436BDED51EABFE39B9B" level="section">
Sec. 133. Individuals eligible for the Job Corps.
</toc-entry>
<toc-entry idref="HD683E85A63004AE4BBA9701EEA76B6DF" level="section">
Sec. 134. Recruitment, screening, selection, and assignment of
enrollees.
</toc-entry>
<toc-entry idref="HB9A452B479C940969B73527B20F6BBE4" level="section">
Sec. 135. Enrollment.
</toc-entry>
<toc-entry idref="HE090D205E6BE476B9F1A5D20BA703FBD" level="section">
Sec. 136. Job Corps centers.
</toc-entry>
<toc-entry idref="H5AA059071CBD4AD0903D07D3DC875499" level="section">
Sec. 137. Program activities.
</toc-entry>
<toc-entry idref="HAEBA55ACB1AE4A43B2433579A7E931FD" level="section">
Sec. 138. Support.
</toc-entry>
<toc-entry idref="H3E8DC4B903E544BBB311C6B701022202" level="section">
Sec. 139. Community participation.
</toc-entry>
<toc-entry idref="H25FDC5E01946437EB066BBB7AEDC98B0" level="section">
Sec. 140. Industry councils.
</toc-entry>
<toc-entry idref="H5E59172A41224BFC84D5D00B0515A736" level="section">
Sec. 141. Experimental, research, and demonstration projects
and College Corps program.
</toc-entry>
<toc-entry idref="HDC5BA8610D544240A7CED719138036E4" level="section">
Sec. 142. Technical amendment.
</toc-entry>
<toc-entry idref="H639345FD1F8249EF8CE06F90FA886C83" level="section">
Sec. 143. Performance accountability and
management.
</toc-entry>
<toc-entry idref="H76FEAD4FD07B4DAFA115F72CC50A16EF" level="section">
Sec. 144. Authorization of appropriations.
</toc-entry>
<toc-entry idref="H0B691A901B4A4A63ADD9AEBCB5D7F517" level="subtitle">
Subtitle D—National Programs
</toc-entry>
<toc-entry idref="H97D7835F19EB4FD7B5D37E853F4F8787" level="section">
Sec. 151. Native American programs.
</toc-entry>
<toc-entry idref="H5ED5F699A76D4FF9A5673F5F6EA48D65" level="section">
Sec. 152. Migrant and seasonal farmworker programs.
</toc-entry>
<toc-entry idref="HC2F3E6867AA64CEA81BDF9B8AD0182CC" level="section">
Sec. 153. Veterans workforce investment programs.
</toc-entry>
<toc-entry idref="HB637D56F920C47DFA0347AC3F09EA453" level="section">
Sec. 154. Repeal.
</toc-entry>
<toc-entry idref="H2557700A42804933BC7919EEF74CB436" level="section">
Sec. 155. Technical assistance.
</toc-entry>
<toc-entry idref="H0532F216F6C4400E93EA9254D22919F2" level="section">
Sec. 156. Innovation projects.
</toc-entry>
<toc-entry idref="H4A61BC49093443E38ADA404A53162DF0" level="section">
Sec. 157. Workforce and youth innovation and best practices
grants.
</toc-entry>
<toc-entry idref="H8C7494E9669F4515B1DA069C3D5BE2F3" level="section">
Sec. 158. Evaluations.
</toc-entry>
<toc-entry idref="HC52F8F9174DA4210B8E47B5B5DC8A5BA" level="section">
Sec. 159. National dislocated worker grants.
</toc-entry>
<toc-entry idref="H398B1EF5484D40E3ACF88225B954C129" level="section">
Sec. 160. Youthbuild program.
</toc-entry>
<toc-entry idref="H7187B03A6F884085BBCFE4A3EA3C80AE" level="section">
Sec. 161. Authorization of appropriations.
</toc-entry>
<toc-entry idref="H038A0F7B8C7647F58010AB4DBD9C4D3D" level="section">
Sec. 162. Transition grants to States.
</toc-entry>
<toc-entry idref="H83DD863144FF43FB9C1E224B9E2A378E" level="section">
Sec. 163. Interagency agreement.
</toc-entry>
<toc-entry idref="HB90044A6A78C494EA214D542D95D855D" level="subtitle">
Subtitle E—Administration
</toc-entry>
<toc-entry idref="H42980078A96940F89D15B7B416C0DB3B" level="section">
Sec. 171. Requirements and restrictions.
</toc-entry>
<toc-entry idref="HC9FC2B0C31084583A1DB5345052B3900" level="section">
Sec. 172. Fiscal controls or sanctions.
</toc-entry>
<toc-entry idref="HB7CB795BE1974AE087666F04D6307DBC" level="section">
Sec. 173. Reports, recordkeeping, investigations.
</toc-entry>
<toc-entry idref="H124A9C4BB3C8482986BB1C08EA04334A" level="section">
Sec. 174. Administrative provisions.
</toc-entry>
<toc-entry idref="H6989FFEEE92F42258D1DE9A3F7049EEC" level="section">
Sec. 175. Repeals.
</toc-entry>
<toc-entry idref="HEB91E0750F5943F8B0732589B9FE63B5" level="section">
Sec. 176. General program requirements.
</toc-entry>
<toc-entry idref="H0DD5EBDC82924A6999867FD1D85C1DE3" level="section">
Sec. 177. Office of Disability Employment Policy.
</toc-entry>
<toc-entry idref="H1EA7CC51105F4DDEB1681710CACFB4FC" level="section">
Sec. 178. Independent evaluation of the efficiency and
effectiveness of the Federal Workforce Investment System.
</toc-entry>
<toc-entry idref="H9A39E787452843599EF6E8E162F5AA8C" level="subtitle">
Subtitle F—Community College to Career Fund
</toc-entry>
<toc-entry idref="HEBE071AC2AAE40E5BB884BE09B886320" level="section">
Sec. 181. Community College to Career Fund.
</toc-entry>
<toc-entry idref="H88CBBE66748F4B4196ED076973D2A833" level="title">
Title II—Adult Education and Literacy
</toc-entry>
<toc-entry idref="H4F508DC8707547A39C70B06D282B0889" level="section">
Sec. 201. Purposes, definitions, and miscellaneous
provisions.
</toc-entry>
<toc-entry idref="HAFA91A7E1FC4415781FD91C04694C715" level="section">
Sec. 202. Amendments to subtitle A.
</toc-entry>
<toc-entry idref="H7739B77BB2BD472E823709B51C375286" level="section">
Sec. 203. Amendments to subtitle B.
</toc-entry>
<toc-entry idref="H7E485C5BAF6541D586A9C37572C99672" level="section">
Sec. 204. Amendments to subtitle C.
</toc-entry>
<toc-entry idref="HF82948D8E123499BA1B2E6E7650DF372" level="section">
Sec. 205. Amendments to subtitle D.
</toc-entry>
<toc-entry idref="H9F4172A3CA634C78BA08237C6E77EA3D" level="title">
Title III—Amendments to the Wagner-Peyser Act
</toc-entry>
<toc-entry idref="HFB256BE7D7F14D0FA78933E330FEE981" level="section">
Sec. 301. Employment service offices.
</toc-entry>
<toc-entry idref="H27B8BD9DA9BF4DC7A7DA60DBAF21CAC0" level="section">
Sec. 302. Definitions.
</toc-entry>
<toc-entry idref="HF777CB94D94F4AAEA78164896894FBE3" level="section">
Sec. 303. Federal and State employment service
offices.
</toc-entry>
<toc-entry idref="H034E2C2A41AE449BAB71A030907F30EA" level="section">
Sec. 304. Allotment of sums.
</toc-entry>
<toc-entry idref="HCEF5CCE3790A449D86FFA362BA6A115A" level="section">
Sec. 305. Use of sums.
</toc-entry>
<toc-entry idref="HDDBB8F9CAD474474B34D6E1EBDC20772" level="section">
Sec. 306. State plan.
</toc-entry>
<toc-entry idref="H2495D7EA64224906A0DA8D4D56F8A765" level="section">
Sec. 307. Performance accountability measures.
</toc-entry>
<toc-entry idref="H0C76E11FACA8469983FB55261CCFB3A2" level="section">
Sec. 308. Pilot projects.
</toc-entry>
<toc-entry idref="HCC2E14B83FA4414CA58081699A7EB149" level="section">
Sec. 309. Labor market information system.
</toc-entry>
<toc-entry idref="HB616B628D3D54227B1A4953145114F01" level="title">
Title IV—Amendments to the Rehabilitation Act of 1973
</toc-entry>
<toc-entry idref="HAF58C1D56263450380622DFE8440A488" level="subtitle">
Subtitle A—Introductory Provisions
</toc-entry>
<toc-entry idref="HFF688E91A052415F82400D48F2AC6EC8" level="section">
Sec. 401. References.
</toc-entry>
<toc-entry idref="H66563ACCE30C469DB6F2AE9DC3AD6D4C" level="section">
Sec. 402. Findings, purpose, policy.
</toc-entry>
<toc-entry idref="HF98EE523371B44A4A92C6D8FAFD49476" level="section">
Sec. 403. Rehabilitation Services Administration.
</toc-entry>
<toc-entry idref="H516CDA3E3DB9433EB32A3ACE65B84341" level="section">
Sec. 404. Definitions.
</toc-entry>
<toc-entry idref="H87F80A3C088842A39BD182DAAB98A228" level="section">
Sec. 405. Administration of the Act.
</toc-entry>
<toc-entry idref="HE385A690AEBD4209A8CB600AA4DDFE1A" level="section">
Sec. 406. Reports.
</toc-entry>
<toc-entry idref="H41EAF5869AB34EF0AF7C679A0B167A12" level="section">
Sec. 407. Evaluation.
</toc-entry>
<toc-entry idref="H9CA5D61B83DD42D096CFC7170E6950BE" level="section">
Sec. 408. Carryover.
</toc-entry>
<toc-entry idref="HD53A715B7CA9408C90A7259E29F44247" level="section">
Sec. 409. Traditionally underserved populations.
</toc-entry>
<toc-entry idref="H226617803A584D5F97EFB92EF5ED57CC" level="subtitle">
Subtitle B—Vocational rehabilitation services
</toc-entry>
<toc-entry idref="H2A188B47EB664756BA2ABA8CC4EE96F4" level="section">
Sec. 411. Declaration of policy; authorization of
appropriations.
</toc-entry>
<toc-entry idref="H9275DC6465F047799EEE2CC07B818107" level="section">
Sec. 412. State plans.
</toc-entry>
<toc-entry idref="H3E85F7605B4D4DBB837E0BB1BB471D68" level="section">
Sec. 413. Eligibility and individualized plan for
employment.
</toc-entry>
<toc-entry idref="H8B4F99485AB34769A1F3D5D8D53B4CFF" level="section">
Sec. 414. Vocational rehabilitation services.
</toc-entry>
<toc-entry idref="HC6A4F41446F34992BD40AFBDB7543F50" level="section">
Sec. 415. State Rehabilitation Council.
</toc-entry>
<toc-entry idref="H628492B5A16E4929AE2D604C0393E59F" level="section">
Sec. 416. Performance accountability measures.
</toc-entry>
<toc-entry idref="HA449392D7630490887466AB4C452594B" level="section">
Sec. 417. Monitoring and review.
</toc-entry>
<toc-entry idref="HDE852FF468254ED6BD51EEEDB57F06D5" level="section">
Sec. 418. Training and services for employers.
</toc-entry>
<toc-entry idref="H26490123A711478EB74048D9D0891AC5" level="section">
Sec. 419. State allotments.
</toc-entry>
<toc-entry idref="H1E27C79578A147458D495E35E97CBF4B" level="section">
Sec. 420. Client Assistance Program.
</toc-entry>
<toc-entry idref="HAB8897C34E0544CAA4B69B2431233349" level="section">
Sec. 421. Technical assistance for quality
services.
</toc-entry>
<toc-entry idref="H0DEBA2F6FA824457A4601171AA500C72" level="section">
Sec. 422. Pre-employment transition services.
</toc-entry>
<toc-entry idref="H56F96202BB4C4FE198362F1CB630E41D" level="section">
Sec. 423. American Indian vocational rehabilitation
services.
</toc-entry>
<toc-entry idref="HBCD3CD53042044B98B8228CAA969F94D" level="subtitle">
Subtitle C—Research and Training
</toc-entry>
<toc-entry idref="H9E536D03D7F54E80B0FD387D8E66E977" level="section">
Sec. 431. Purpose.
</toc-entry>
<toc-entry idref="H326D601BD77E4859B8CE05812634420C" level="section">
Sec. 432. Authorization of appropriations.
</toc-entry>
<toc-entry idref="HE2EC8225C81346FE8FBCDE3FF5BC27D3" level="section">
Sec. 433. National Institute on Disability and Rehabilitation
Research.
</toc-entry>
<toc-entry idref="HE17F49BA11544B1E9FB4A80B33366D6F" level="section">
Sec. 434. Interagency Committee.
</toc-entry>
<toc-entry idref="HA8DCA8877BF84E8ABAF7EBD639BAE442" level="section">
Sec. 435. Research and other covered activities.
</toc-entry>
<toc-entry idref="HB699451A9C0E4BCABC777FF8051C3862" level="section">
Sec. 436. Rehabilitation Research Advisory Council.
</toc-entry>
<toc-entry idref="HF9A737A5379E4B72A251BC505021F347" level="section">
Sec. 437. Definition of covered school.
</toc-entry>
<toc-entry idref="H096629BC9E9D4D4CB578228B914DA6CB" level="subtitle">
Subtitle D—Professional Development and Special Projects and
Demonstration
</toc-entry>
<toc-entry idref="H50DFFA724818466DADA8E80962415DDA" level="section">
Sec. 441. Training.
</toc-entry>
<toc-entry idref="H5D9A7CCCCEA94C0B95D34C7056740496" level="section">
Sec. 442. Demonstration and training programs.
</toc-entry>
<toc-entry idref="HC2CCC84C56F44962900EAB0948FB5908" level="section">
Sec. 443. Migrant and seasonal farmworkers.
</toc-entry>
<toc-entry idref="H6402C0EDA4754B91912302987DC4482F" level="section">
Sec. 444. Recreational programs.
</toc-entry>
<toc-entry idref="H927B8972FFA2461EB947BAE0DEE81E21" level="subtitle">
Subtitle E—National Council on Disability
</toc-entry>
<toc-entry idref="H21315205CAE54999A52B0608908A9527" level="section">
Sec. 451. Report.
</toc-entry>
<toc-entry idref="HEB56570504284149AA893DAC457E2AA8" level="section">
Sec. 452. Authorization of appropriations.
</toc-entry>
<toc-entry idref="HF48BA604C8984C1F9759DF5BBCC8709F" level="subtitle">
Subtitle F—Rights and advocacy
</toc-entry>
<toc-entry idref="HC41CC108253948F4A2447928896D2729" level="section">
Sec. 456. Board and Council.
</toc-entry>
<toc-entry idref="H4E065F37962243008D6A7F94E8E2126A" level="section">
Sec. 457. Protection and advocacy of individual
rights.
</toc-entry>
<toc-entry idref="HE38A4D093C9D40F890000D8EE97C8011" level="section">
Sec. 458. Standards for accessible medical diagnostic
equipment.
</toc-entry>
<toc-entry idref="HCF8E70575F9A494ABE62282F6E128C28" level="subtitle">
Subtitle G—Employment Opportunities for Individuals With
Disabilities
</toc-entry>
<toc-entry idref="H569EBA01D4E34EED9104734B1D9EC008" level="section">
Sec. 461. Projects with industry.
</toc-entry>
<toc-entry idref="H5390E640580645BF923C47031B76FA1F" level="section">
Sec. 462. Authorization of appropriations.
</toc-entry>
<toc-entry idref="H9D8D62DB9330434D9465FD7C6FC3CD5B" level="section">
Sec. 463. Supported employment services.
</toc-entry>
<toc-entry idref="HCB42DBF26B964661A0D32745EB499102" level="subtitle">
Subtitle H—Independent Living Services and Centers for
Independent Living
</toc-entry>
<toc-entry idref="H77A37F187DC14DDA9E91F46EC1740E45" level="chapter">
Chapter 1—General provisions
</toc-entry>
<toc-entry idref="HAB778DBF53434788BA9CF132DA6CD842" level="section">
Sec. 471. Purpose.
</toc-entry>
<toc-entry idref="H527B3F444DAF45148A9183EC8475FB55" level="section">
Sec. 472. Independent Living Administration.
</toc-entry>
<toc-entry idref="HE7C7B2F0A1F4453E864C2D664038F03E" level="section">
Sec. 473. Definitions.
</toc-entry>
<toc-entry idref="HB8B45B460F65401BB3D7BFE780FE5EF0" level="section">
Sec. 474. State plan.
</toc-entry>
<toc-entry idref="HC31841AE60844DA6ACF89323FC53E12A" level="section">
Sec. 475. Statewide Independent Living Council.
</toc-entry>
<toc-entry idref="H4D409C670399468CBDAA9742F5D67DF1" level="section">
Sec. 476. Responsibilities of the ILA Director.
</toc-entry>
<toc-entry idref="H4ADE53A4EB9F49A2A5BED2FF681DA044" level="chapter">
Chapter 2—Independent living services
</toc-entry>
<toc-entry idref="HC15D34B893814E8F9821856AB04487A2" level="section">
Sec. 477. Administration.
</toc-entry>
<toc-entry idref="H050AB0D884DF4A3B9191354F03B29442" level="chapter">
Chapter 3—Centers for independent living
</toc-entry>
<toc-entry idref="H706053B2E6DD4291A3C3367040F6EB12" level="section">
Sec. 481. Program authorization.
</toc-entry>
<toc-entry idref="H1C5A865C085B4EA69C66AD9524400B87" level="section">
Sec. 482. Centers.
</toc-entry>
<toc-entry idref="H4A22EF78D2E649709771DF08E9CE6273" level="section">
Sec. 483. Standards and assurances.
</toc-entry>
<toc-entry idref="H00AFF06D2BF74B228AD96B0EC65645B1" level="section">
Sec. 484. Authorization of appropriations.
</toc-entry>
<toc-entry idref="HF0EF6149E56B4143AB8D4F54C960495C" level="chapter">
Chapter 4—Independent Living Services for Older Individuals who
are Blind
</toc-entry>
<toc-entry idref="H5304FB3A80704C06A357B747775E0426" level="section">
Sec. 486. Independent living services for older individuals who
are blind.
</toc-entry>
<toc-entry idref="HF18FD82E024846C5973BC1C1E504525C" level="section">
Sec. 487. Program of grants.
</toc-entry>
<toc-entry idref="HD72017FFC7FD4882ABA1E129566AA300" level="section">
Sec. 488. Independent living services for older individuals who
are blind authorization of appropriations.
</toc-entry>
<toc-entry idref="HDEBF394584844197A53D0A22CED9D5F7" level="subtitle">
Subtitle I—Increasing employment opportunities for individuals
with disabilities
</toc-entry>
<toc-entry idref="H0FAB6B2F75A544AFB15178D9393749B7" level="section">
Sec. 491. Disability employment.
</toc-entry>
<toc-entry idref="H3F790E1D5D9E4848BF94DCABBF31BC3C" level="section">
Sec. 492. Table of contents.
</toc-entry>
</toc>
</subsection>
</section>
<section id="H4C28EC65E0B3445EB60B8AF9E017CBE2">
<enum>
2.
</enum>
<header>
Purposes and
principles
</header>
<text display-inline="no-display-inline">
The purposes of
this Act include the following:
</text>
<paragraph id="H786EB511A4944254911958A40B4C3AFD">
<enum>
(1)
</enum>
<text>
To increase
economic growth by improving the education and skills of American
workers.
</text>
</paragraph>
<paragraph commented="no" id="H56EEBDD684BA4004B97026B905FD9F3F">
<enum>
(2)
</enum>
<text>
To ensure middle
class prosperity through strong investment in talent and workforce
development.
</text>
</paragraph>
<paragraph id="H071D4F42761C404DB2C3437707BE856B">
<enum>
(3)
</enum>
<text>
To prepare the
unemployed, the underemployed, and those most disadvantaged with skills to
match up with employer needs.
</text>
</paragraph>
<paragraph id="HC093BB08964B463AB6879954FA090736">
<enum>
(4)
</enum>
<text>
To provide
individuals streamlined access to in-demand skills training and employment
services by aligning education, training and workforce investment
programs.
</text>
</paragraph>
<paragraph id="H9914951907314779A7C091585ED29A27">
<enum>
(5)
</enum>
<text>
To strengthen
engagement with employers in in-demand industries and all sectors to meet the
needs of employers.
</text>
</paragraph>
<paragraph id="H8258405470E745308C36EE193AF05691">
<enum>
(6)
</enum>
<text>
To improve the
competitiveness and dynamism of the Nation’s future workforce by investing in
college and career-ready pathways for young adults.
</text>
</paragraph>
<paragraph id="H2F5751FA73844A5288B6CF846DC9F966">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
To ensure accountability and efficiency
through system performance measures that incentivize continuous improvement in
services for workers and employers.
</text>
</paragraph>
<paragraph id="HC51AFBB7454C40C0AA4881346E00FB37">
<enum>
(8)
</enum>
<text>
To encourage
private sector partnerships connecting employers, labor unions, community
colleges, workforce boards and related stakeholders to develop workforce skills
that meet employer needs, including career pathways, recognized postsecondary
credentials, and regional planning.
</text>
</paragraph>
</section>
<title id="H09EAAD12DA2D453AA03E0C3BF21BE12B">
<enum>
I
</enum>
<header>
Workforce
Investment Systems
</header>
<subtitle id="H67E82D571CC34B649C73A5CB972B3948">
<enum>
A
</enum>
<header>
Definitions
</header>
<section commented="no" id="H9AA90C87AB8C439AB98267BB4E712618">
<enum>
101.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 101 is amended—
</text>
<paragraph commented="no" id="HE6A0A31439AF4FC79ADFB10652FDB35E">
<enum>
(1)
</enum>
<text>
by striking
paragraph (24) and by redesignating—
</text>
<subparagraph commented="no" id="H0CEADB27F8624543906789397375410B">
<enum>
(A)
</enum>
<text>
paragraphs (52)
and (53) as paragraphs (60) and (61), respectively;
</text>
</subparagraph>
<subparagraph commented="no" id="H4DA8C58E397D4F3D9637C166188AA038">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
paragraphs (40) through (51) as paragraphs
(47) through (58), respectively;
</text>
</subparagraph>
<subparagraph commented="no" id="H7E8516E1FC274725AA01BC87D059D981">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
paragraphs (25) through (39) as paragraphs
(31) through (45), respectively;
</text>
</subparagraph>
<subparagraph commented="no" id="H26265D06903042D8A76B5AC738373893">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
paragraphs (18) through (23) as paragraphs
(25) through (30), respectively;
</text>
</subparagraph>
<subparagraph commented="no" id="HA021FAA66E4B42D49BF6BE27A0C10D96">
<enum>
(E)
</enum>
<text>
paragraph (17) as
paragraph (22);
</text>
</subparagraph>
<subparagraph commented="no" id="HB4CC4AE6AC26451BB5DEBFC7A9344E91">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
paragraphs (12) through (16) as paragraphs
(16) through (20), respectively;
</text>
</subparagraph>
<subparagraph commented="no" id="HCAA0E898459949E69810D6DBB2050DD2">
<enum>
(G)
</enum>
<text display-inline="yes-display-inline">
paragraphs (8) through (11), as paragraphs
(11) through (14), respectively; and
</text>
</subparagraph>
<subparagraph commented="no" id="HC71B486CB3EB4C3A847F532C80106BC0">
<enum>
(H)
</enum>
<text display-inline="yes-display-inline">
paragraphs (5) through (7) as paragraphs
(6) through (8), respectively;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H620D775BEF444FE9818D158498F98293">
<enum>
(2)
</enum>
<text>
by inserting after
paragraph (4) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB14F37FB796D42ABABA5C3118447780C" style="OLC">
<paragraph commented="no" id="H758BFECCA70E40D48081B144DBEFCF27">
<enum>
(5)
</enum>
<header>
Career
pathway
</header>
<subparagraph commented="no" id="H6226C16A8A764693B58F3180F3D21A5B">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The term
<term>
career
pathway
</term>
means a sequence of education, training, and other supportive
services, clearly articulated from one level of instruction to the next, that
are designed to prepare individuals to meet a set of career-related objectives
as referenced in subparagraph (C).
</text>
</subparagraph>
<subparagraph commented="no" id="H321684528DD14382AC2B3E74F4DA9209">
<enum>
(B)
</enum>
<header>
Services
</header>
<text>
The
services referred to in subparagraph (A) shall be—
</text>
<clause commented="no" id="HD9B7B34A540249779617B06D00B6672E">
<enum>
(i)
</enum>
<text>
aligned with the
skill needs of industries in the State or regional economy involved;
</text>
</clause>
<clause commented="no" id="H0C893C5E02B24BC0AC20F01CFD83EFE7">
<enum>
(ii)
</enum>
<text>
designed to
increase an individual’s educational and skill attainment, and improve the
individual’s employment outcomes and ability to meet career-related objectives,
by—
</text>
<subclause commented="no" id="H877FD7AD869B45EA9CE43D3B446E70A4">
<enum>
(I)
</enum>
<text>
preparing
individuals for the full range of secondary or postsecondary education options,
including apprenticeships registered under the Act of August 16, 1937 (commonly
known as the
<quote>
National Apprenticeship Act
</quote>
; 50 Stat. 664, chapter
663;
<external-xref legal-doc="usc" parsable-cite="usc/29/50">
29 U.S.C. 50 et seq.
</external-xref>
) (referred to individually in this Act as an
<quote>
apprenticeship
</quote>
, except in section 273);
</text>
</subclause>
<subclause commented="no" id="H714F69AD6B0145248949C299F5B4B0D3">
<enum>
(II)
</enum>
<text>
including
supportive services and counseling to support individuals in achieving their
education and career goals;
</text>
</subclause>
<subclause commented="no" id="HB9E3397A20AC4738BF7BD7660AD74E4F">
<enum>
(III)
</enum>
<text>
including, as
appropriate for an individual, education offered concurrently with and in the
context of workforce preparation activities and training for a specific
occupation or occupational cluster; and
</text>
</subclause>
<subclause commented="no" id="H6AEFE88984F5439DA4035623627FD6F5">
<enum>
(IV)
</enum>
<text>
when participants
are adults, organizing courses to meet adult participants’ needs including
flexible scheduling, multiple entry and exit points (that may correspond with
work and stackable credentials), giving credit for learning toward credentials
and adopting other strategies that accelerate the educational and career
advancement of the participant to the extent practicable; and
</text>
</subclause>
</clause>
<clause commented="no" id="HF350FD5F37064BB99FF90B69AFB6FE38">
<enum>
(iii)
</enum>
<text>
at a minimum,
provided through the alignment of core programs authorized under this Act with
postsecondary education and training programs, consistent with descriptions
included in the State and local plans.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="HCAA9F3B19B5743BE84385BC04BB54CEB">
<enum>
(C)
</enum>
<header>
Objectives
</header>
<text>
The
objectives referred to in subparagraph (A) include—
</text>
<clause commented="no" id="H991254DB4B6F468E9BAC4B453FC0023E">
<enum>
(i)
</enum>
<text>
enabling an
individual to attain a secondary school diploma or its recognized equivalent,
and at least 1 recognized postsecondary credential; and
</text>
</clause>
<clause commented="no" id="H0CFE6BBEB3CE44B5BAC4747849C7643D">
<enum>
(ii)
</enum>
<text>
helping a worker
enter or advance within a specific occupation or occupational
cluster.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H441FB358D00D4866B4751C25AD078AA3">
<enum>
(3)
</enum>
<text>
by inserting after
paragraph (8) (as so redesignated), the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3E972DEC141944AC9BA8A11A804A9F47" style="OLC">
<paragraph commented="no" id="H31A3E54EB1D042EFAD8F37905B9EB449">
<enum>
(9)
</enum>
<header>
Core
program
</header>
<text>
The term
<term>
core programs
</term>
means—
</text>
<subparagraph commented="no" id="HC349D6CC74E84008A6FE64FC8BDA8513">
<enum>
(A)
</enum>
<text>
chapter 4 and 5 of
subtitle B of title I (relating to youth workforce investment activities and
adult and dislocated worker employment and training activities);
</text>
</subparagraph>
<subparagraph commented="no" id="HDFA9235A7D444CBD95A0009F12899177">
<enum>
(B)
</enum>
<text>
title II (relating
to adult education and literacy activities);
</text>
</subparagraph>
<subparagraph commented="no" id="HA2E81356868C4E88B8B79F35C6A10E5E">
<enum>
(C)
</enum>
<text>
sections 1 through
13 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) (relating to employment
services); and
</text>
</subparagraph>
<subparagraph commented="no" id="H4FA5159C1C6A4822A37DE6FF332005F9">
<enum>
(D)
</enum>
<text>
title I of the
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
), other than section 112 or
part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741) (relating to vocational
rehabilitation services).
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HC2426D627BEA41F8AB178D93570A5748">
<enum>
(10)
</enum>
<header>
Costs of
Infrastructure
</header>
<text display-inline="yes-display-inline">
The term
<term>
costs of infrastructure
</term>
, used with respect to a one-stop center,
means the nonpersonnel costs that are necessary for the operation of the
one-stop center, including the rental costs of the facilities, the costs of
utilities and maintenance, equipment (including assessment-related products and
adaptive technology for individuals with disabilities), and technology to
facilitate access to the one-stop
center.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H29D1E13B04F74BC6B280A192EE549042">
<enum>
(4)
</enum>
<text>
by inserting after
paragraph (14) (as so redesignated), the following:
</text>
<quoted-block display-inline="no-display-inline" id="H689E14AD9AA14EC69AABAFB83AE883E8" style="OLC">
<paragraph commented="no" id="HB355DD2534A347B788D16C681F4D35D6">
<enum>
(15)
</enum>
<header>
Economic
self-sufficiency
</header>
<text display-inline="yes-display-inline">
The term
<term>
economic self-sufficiency
</term>
means, with respect to a worker, earning
a wage sufficient to support a family adequately and, over time, to save for
emergency expenses and adequate retirement income, based on factors such
as—
</text>
<subparagraph commented="no" id="H2E77C33EA58D417C953227DC05C4D741">
<enum>
(A)
</enum>
<text>
family
size;
</text>
</subparagraph>
<subparagraph commented="no" id="HF1C2050AE7EF454DA1C907AAF32FF1DF">
<enum>
(B)
</enum>
<text>
the cost of living
in the worker’s community; and
</text>
</subparagraph>
<subparagraph commented="no" id="H5238C99D7A7F4C8ABBFA541BBE5EC8C0">
<enum>
(C)
</enum>
<text>
other factors that
may vary by
region.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H0B1D2B1E3E214360817A12CC90C62E01">
<enum>
(5)
</enum>
<text>
by inserting after
paragraph (20) (as so redesignated), the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7DE4B20BC5FD437696B2708FD90D5301" style="OLC">
<paragraph commented="no" id="H07C184615D6C47DBA1369189C723D9B4">
<enum>
(21)
</enum>
<header>
In-demand
industry sector or occupation
</header>
<subparagraph commented="no" id="H990126FDF0894CF8B97E01623961B063">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The term
<term>
in-demand industry sector or occupation
</term>
means—
</text>
<clause commented="no" id="HD02C1B8E80E34BFDB2678AE4CAA4295A">
<enum>
(i)
</enum>
<text>
an industry sector
that—
</text>
<subclause commented="no" id="HB035E125DE8C43CAB3D67A68FE221424">
<enum>
(I)
</enum>
<text>
has a substantial
current or forecasted impact on the regional economy overall, including
attracting, expanding or retaining businesses or jobs (including, at a minimum,
jobs that lead to economic self-sufficiency and opportunities for advancement)
in the region;
</text>
</subclause>
<subclause commented="no" id="HB00022EA73E94D5AAF17E639FA341C14">
<enum>
(II)
</enum>
<text>
contributes to
the growth of other supporting businesses, or the growth of other industry
sectors within the region;
</text>
</subclause>
<subclause commented="no" id="H9A46E3A82EF0492E97001DDA2C3EF445">
<enum>
(III)
</enum>
<text>
provides workers
with jobs that have competitive, family-sustaining wages and benefits;
and
</text>
</subclause>
<subclause commented="no" id="H31E050F48F2B4FCDB9B7A52C1D18888A">
<enum>
(IV)
</enum>
<text>
includes
occupations that provide opportunities for career advancement; or
</text>
</subclause>
</clause>
<clause commented="no" id="HDCB9BC3B2C2A4846A0108391BA8B188D">
<enum>
(ii)
</enum>
<text>
an occupation
that—
</text>
<subclause commented="no" id="HE81A45D032154B36904E3A67D7032AFF">
<enum>
(I)
</enum>
<text>
has a significant
presence in an industry sector;
</text>
</subclause>
<subclause commented="no" id="H33A4F0E409CD429D9A5AC64F29564F8A">
<enum>
(II)
</enum>
<text>
has a shortage of
available skilled workers;
</text>
</subclause>
<subclause commented="no" id="H7FE869F51B184A89924B47D154ADAAF0">
<enum>
(III)
</enum>
<text>
pays
competitive, family-sustaining wages and benefits that enable workers to
achieve economic self-sufficiency, or can reasonably be expected to lead to a
position with such wages and benefits;
</text>
</subclause>
<subclause commented="no" id="H09C5B7F993204AE2AE673F70D57B28D8">
<enum>
(IV)
</enum>
<text>
provides
opportunities for career advancement; and
</text>
</subclause>
<subclause commented="no" id="H2BF9BA65FDD144049757AC5B71C9B837">
<enum>
(V)
</enum>
<text>
has a significant
impact in a region’s economy.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph commented="no" id="HF2E163193B8649529FFF8636FD99722A">
<enum>
(B)
</enum>
<header>
Determination
</header>
<text>
The
determination of whether an industry sector or occupation is an in-demand
industry sector or occupation under this paragraph shall be made using
national, State, or regional labor market
information.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H5E2251AB161E449C875B5070AE200CCE">
<enum>
(6)
</enum>
<text>
by inserting after
paragraph (22) (as so redesignated), the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2635E977A98C45B09AF5E29AF442A1A4" style="OLC">
<paragraph commented="no" id="H96BA901421BC489C8BFF108ECA45886E">
<enum>
(23)
</enum>
<header>
Individual with
barriers to employment
</header>
<text display-inline="yes-display-inline">
The
term
<term>
individual with barriers to employment
</term>
means an individual
with any characteristic that substantially limits an individual’s ability to
obtain employment, including indicators of poor work history, lack of work
experience or access to employment in nontraditional occupations, long-term
unemployment, lack of educational or occupational skills attainment,
dislocation from high-wage and high-benefit employment, low levels of literacy
or English proficiency, disability status, homelessness, ex-offender status, or
receipt of welfare.
</text>
</paragraph>
<paragraph commented="no" id="H90D900214C9E43278EB01C26EB3F5A01">
<enum>
(24)
</enum>
<header>
Industry or
sector partnership
</header>
<text>
The term
<term>
industry or sector
partnership
</term>
means a workforce collaborative that—
</text>
<subparagraph commented="no" id="H237DFCD030FC4CE98C26463326E426B0">
<enum>
(A)
</enum>
<text>
organizes key
stakeholders in an industry cluster into a working group that focuses on the
workforce needs of the industry cluster and that includes, at the appropriate
stage of development of the partnership—
</text>
<clause commented="no" id="H0CFA2DF73A734083A7FA40C777075CBE">
<enum>
(i)
</enum>
<text>
representatives of
multiple businesses or other employers in the industry cluster, including small
and medium-sized employers when practicable;
</text>
</clause>
<clause commented="no" id="H0ECC3D94D31142089E1D1E001B6E04B5">
<enum>
(ii)
</enum>
<text>
representatives
of a recognized State labor organization or central labor council, a union
representing employees in the industry or sector and another labor
representative, as appropriate;
</text>
</clause>
<clause commented="no" id="H6928BF99DE3C41FDA7DAAF04534FB33B">
<enum>
(iii)
</enum>
<text>
1 or more
representatives of an institution of higher education with, or another provider
of, education or training programs that support the industry cluster, including
career and technical education providers; and
</text>
</clause>
<clause commented="no" id="HD4B7D1AF4CD4460D99FF06DC4F3EE2AD">
<enum>
(iv)
</enum>
<text>
the State
workforce agency providing labor market information and employment services
under the Wagner-Peyser Act; and
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="HD913D394C10A4BB1AA4004E29D805CB5">
<enum>
(B)
</enum>
<text>
may include
representatives of—
</text>
<clause commented="no" id="H0B142B275E9844448D97825B32E9DD16">
<enum>
(i)
</enum>
<text>
State or local
government;
</text>
</clause>
<clause commented="no" id="H56916A54465D458CAF4C54CCA4337D1A">
<enum>
(ii)
</enum>
<text>
State or local
economic development agencies;
</text>
</clause>
<clause commented="no" id="H11523784CFEC4C8EB012604869406604">
<enum>
(iii)
</enum>
<text>
State boards or
local boards, as appropriate;
</text>
</clause>
<clause commented="no" id="HBA95026014A948B2817128BB7B46DA6E">
<enum>
(iv)
</enum>
<text>
any local board
that has established through its local plan a concentration of an industry
cluster within its area;
</text>
</clause>
<clause commented="no" id="HABA45E911F464D72A2C0A630424A5C7D">
<enum>
(v)
</enum>
<text>
business or trade
associations;
</text>
</clause>
<clause commented="no" id="H378F15D5ADD8447792BEDA5EA1047BD9">
<enum>
(vi)
</enum>
<text>
nonprofit
organizations, community-based organizations, or intermediaries;
</text>
</clause>
<clause commented="no" id="HE6B300C8BB3E4010A295329EAA765CC3">
<enum>
(vii)
</enum>
<text>
philanthropic
organizations; and
</text>
</clause>
<clause commented="no" id="HBF10550DF0E34C7898B9019063912029">
<enum>
(viii)
</enum>
<text>
other
organizations, as determined to be necessary by the members comprising the
industry or sector
partnership.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="HE0CCBFFF56944943B2646A93895AA014">
<enum>
(7)
</enum>
<text>
in paragraph (36)
(as so redesignated), by striking
<quote>
as appropriate to the occupation for
which the participant is being trained
</quote>
and inserting
<quote>
to a period
not in excess of that generally required for acquisition of skills needed for
the position with a particular occupation and
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="HA0E8B0FC387F4BEC850041E9D3CA92CC">
<enum>
(8)
</enum>
<text>
by inserting after
paragraph (44) (as so redesignated), the following:
</text>
<quoted-block display-inline="no-display-inline" id="H0B22B40466F142A3A0FCAD13471819C2" style="OLC">
<paragraph commented="no" id="HEDA31634886244A9A7B5FC155491E40F">
<enum>
(45)
</enum>
<header>
Recognized
postsecondary credential
</header>
<text display-inline="yes-display-inline">
The
term
<term>
recognized postsecondary credential
</term>
means a credential
awarded by a training provider or educational institution based on completion
of all requirements for a program of study, including coursework or tests or
other performance evaluations. The term includes an industry-recognized
certificate, a certificate of completion of an apprenticeship, or an associate
or baccalaureate degree.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="HDEF9E9293A294083BAD05A93050CB2EE">
<enum>
(9)
</enum>
<text>
by inserting after
paragraph (57) (as so redesignated), the following:
</text>
<quoted-block display-inline="no-display-inline" id="HECA9CCFB41664FCFAD112E6C7D0D3C2D" style="OLC">
<paragraph commented="no" id="H1A41E5B9019C42198D6F176240EC62B0">
<enum>
(58)
</enum>
<header>
Workplace
learning advisor
</header>
<text display-inline="yes-display-inline">
The term
<term>
workplace learning advisor
</term>
means an individual employed by an
organization who has the knowledge and skill necessary to advise other
employees of that organization about the education, skill development, job
training, career counseling services, and credentials, including services
provided through the workforce investment system, required to progress toward
career goals of such employees in order to meet employer requirements related
to job openings and career advancements that support economic
self-sufficiency.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
<subtitle id="H9F3DFDB088EC4963B73DA1A7BDF8CD1B">
<enum>
B
</enum>
<header>
Statewide and
Local Workforce Investment Systems
</header>
<section id="H467A837A34ED4B64914B96E4CAFC0310">
<enum>
111.
</enum>
<header>
State workforce
investment boards and requirements for State plans
</header>
<subsection id="H4F49935138B24F0C862D92B2C84E51B3">
<enum>
(a)
</enum>
<header>
Size and
functions of the State boards
</header>
<text display-inline="yes-display-inline">
Section 111 is amended—
</text>
<paragraph id="H35DBFAFFFDDB4653BE8E486144EE9AA8">
<enum>
(1)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="HF8FE98DC7C1A478DBA8CA474E6316AFA">
<enum>
(A)
</enum>
<text>
in paragraph
(1)(C)—
</text>
<clause commented="no" id="HB78F2745816747E1854B0B49F1B65EC7">
<enum>
(i)
</enum>
<text>
by amending clause
(i)(I), by striking
<quote>
including
</quote>
and inserting
<quote>
shall
include
</quote>
; and
</text>
</clause>
<clause id="H9210CB09CABB4FF4A3B5BA877BD7CAD0">
<enum>
(ii)
</enum>
<text>
by
amending clause (vi) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H3DE6AF64856B49F99A69268544D2194F" style="OLC">
<clause id="H271C1F0377064421A4C2DC845A901379">
<enum>
(vi)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="HEE8B08FB6FD84E0883F2EDF4D8DD43CA">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
lead State officials with primary
responsibility for the program and activities that are described in section
121(b)(2)(B)(1) (i) through (iv); and
</text>
</subclause>
<subclause id="HDE81AA332BC749BFA2E8BA0C062B41C5" indent="up1">
<enum>
(II)
</enum>
<text>
the State agency officials responsible
for economic development;
</text>
</subclause>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H4FAB3018393243179AAE60672DBA8E4D">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H817C03AE30874F31A07D136A093A1185" style="OLC">
<paragraph commented="no" id="HCD52C0506E944C538539136936CD605C">
<enum>
(4)
</enum>
<header>
Worker
representation
</header>
<text display-inline="yes-display-inline">
Not less than
20 percent of the Board shall be comprised of representatives of the workforce
within the State, and—
</text>
<subparagraph id="HC04B274E0527494B8A356435AA073606">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
shall include representatives described in
clause (iii) of section 117(b)(2)(A);
</text>
</subparagraph>
<subparagraph id="HAB32D6472CE049F9A4BC72051D91A413">
<enum>
(B)
</enum>
<text>
may include
representatives of community-based organizations that have demonstrated
experience and expertise in addressing the employment needs of individuals with
barriers to employment, including organizations that provide or support
competitive, integrated employment for individuals with disabilities;
and
</text>
</subparagraph>
<subparagraph id="H8321ADE249FF4760A7FE30898AD51538">
<enum>
(C)
</enum>
<text>
may include
representatives of organizations that have demonstrated experience and
expertise in addressing the employment, training, or education needs of
eligible youth, including representatives of organizations that serve
out-of-school
youth.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HE0F8FF16CD1042E096B82A0B0F10CD90">
<enum>
(2)
</enum>
<text>
in subsection
(d)—
</text>
<subparagraph id="H3071249C18BD429395B451AF3A840CB2">
<enum>
(A)
</enum>
<text>
in paragraph (8),
by striking
<quote>
; and
</quote>
and inserting a semicolon;
</text>
</subparagraph>
<subparagraph id="HBC9E3711D4F34E25998B2AD89523CBC5">
<enum>
(B)
</enum>
<text>
in paragraph (9),
by striking the period and inserting a semicolon; and
</text>
</subparagraph>
<subparagraph id="HCAC1F4F155EA424A845F95EB2F3FDB17">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HED9AA6291C1B49659257702504B0CB53" style="OLC">
<paragraph id="H5B0B3B1563F74C9692D2748EFCB13760">
<enum>
(10)
</enum>
<text display-inline="yes-display-inline">
promotion in the development of guidance on
career pathways by aligning workforce investment programs for the purpose of
providing individuals with barriers to employment, including low-skilled adults
and youth, with the employment, training, education, and supportive services
the individuals need to attain the necessary credentials to secure and advance
in employment;
</text>
</paragraph>
<paragraph id="H0240B4AA4014457FB3BD4CCFE4A1E686">
<enum>
(11)
</enum>
<text>
promotion in the
development of sector initiatives such as industry or sector partnerships
relating to in-demand industry sectors and occupations;
</text>
</paragraph>
<paragraph id="HCAE8295814824333B9C56680D53ACFF0">
<enum>
(12)
</enum>
<text>
provision of
guidance on the alignment and delivery of services between the local boards,
one-stop operator, and State entities carrying out relevant State-administered
programs;
</text>
</paragraph>
<paragraph id="H423877957D7E47C38A8B2F2569FD662F">
<enum>
(13)
</enum>
<text>
provision of
technical assistance to local boards, one-stop partners, one-stop operators,
and providers, as appropriate, in local areas concerning planning and
delivering services; and
</text>
</paragraph>
<paragraph id="H00B5FCB9E25A4F189DEC4E57372FC334">
<enum>
(14)
</enum>
<text>
staff training
and education across programs supported under workforce investment systems in
local
areas.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HE87AE589DE664D589152A3E1B705A912">
<enum>
(b)
</enum>
<header>
Required content
of State plans
</header>
<text>
Section 112 is amended—
</text>
<paragraph id="H5E21C766DAE04E119D6025228D9DA222">
<enum>
(1)
</enum>
<text>
in subsection (a),
by striking
<quote>
a single State plan (referred to in this title as the
<quote>
State plan
</quote>
)
</quote>
and inserting
<quote>
a single State plan
(referred to in this title as the
<quote>
State plan
</quote>
) that shall include
the State plans of all core program and
</quote>
;
</text>
</paragraph>
<paragraph id="HE392AF0529D44B3C8896AECF78E5D937">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H5CD88B5D2DEE43F38573AED845AD4961">
<enum>
(A)
</enum>
<text>
in paragraph
(4)—
</text>
<clause id="H9AEE4960ED7A447D8A80CFFBD128A2D2">
<enum>
(i)
</enum>
<text>
in
subparagraph (C), by striking
<quote>
; and
</quote>
and inserting a semicolon;
and
</text>
</clause>
<clause id="H5C6003A717CA49ADAF211A461D831CCF">
<enum>
(ii)
</enum>
<text>
by
adding at the end the following new subparagraphs:
</text>
<quoted-block display-inline="no-display-inline" id="H68B9FCA0BF2F4E6C98CC273282CF6F03" style="OLC">
<subparagraph id="HFF0996A3EF9948F9AA13069E493BD9A7">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
the State’s strategic vision and goals for
preparing an educated and skilled workforce (including preparing youth and
individuals with barriers to employment) and for meeting the skilled workforce
needs of employers, including goals relating to performance accountability
measures based on primary indicators of performance described in section
136(b)(2), in order to support economic growth and economic self-sufficiency;
and
</text>
</subparagraph>
<subparagraph id="H596A7386B8644301B9110EE2628413A7">
<enum>
(F)
</enum>
<text>
a strategy not
inconsistent with the program requirements of the core programs for aligning
the core programs, as well as other resources available to the State, to
achieve the strategic vision and goals described in subparagraph (E), including
how the State will meet performance accountability measures based on the
system-wide indicators described in section 136(b)(2)(A) in order to support
program alignment.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H5CD1F6F1817F464B88C911CDE7155D69">
<enum>
(B)
</enum>
<text>
in paragraph
(8)(A)—
</text>
<clause id="H74C88DCDA58044C4B03B571F037A0B00">
<enum>
(i)
</enum>
<text>
in
clauses (ix) and (x), respectively, by striking
<quote>
; and
</quote>
and
inserting a semicolon; and
</text>
</clause>
<clause id="H86ED4EC0FC064302831474EC900A7FB0">
<enum>
(ii)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2F11E0F1807C43EDA92E945DD5C5121F" style="OLC">
<clause id="H925D6F35396A46CEBB81BFEB6B405A0D">
<enum>
(xi)
</enum>
<text display-inline="yes-display-inline">
apprenticeship programs registered under
the National Apprenticeship Act (50 Stat. 664, chapter 663; 29 U.S.C. 50 et
seq.);
</text>
</clause>
<clause id="HD650CA804AEF48C7A9E700BD064DFA24">
<enum>
(xii)
</enum>
<text>
State labor
certification activities for employment-based immigration programs authorized
under the Immigration and Nationality Act; and
</text>
</clause>
<clause id="H9FE3A39C16CE40DAA21F9EEBEA40F555">
<enum>
(xiii)
</enum>
<text>
employment,
training, and literacy services carried out by public
libraries.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HE1018FAC8B514CE89013205F33C79AD7">
<enum>
(C)
</enum>
<text>
in paragraph
(12)(B), by inserting before the semicolon the following:
<quote>
, and, after
consultation with the local boards, specifying the minimum amount of Federal
assistance under section 133(b) (2) and (3) provided to each local area that is
to be spent on training
</quote>
;
</text>
</subparagraph>
<subparagraph id="H029949E36ACB4619958C378CF4FAD862">
<enum>
(D)
</enum>
<text>
in paragraph
(17)(B), by striking
<quote>
; and
</quote>
and inserting a semicolon;
</text>
</subparagraph>
<subparagraph id="HB9F83140C5D044BDA852455F729AF193">
<enum>
(E)
</enum>
<text>
in paragraph
(18)(D), by striking the period and inserting a semicolon; and
</text>
</subparagraph>
<subparagraph commented="no" id="HA7E5FEEB2E8C41E4BBBE48B9B270B505">
<enum>
(F)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7F8458220BFD456AA9F147B4A9790F2D" style="OLC">
<paragraph commented="no" id="H346E6A7323E445E98147CBC74AD9F995">
<enum>
(19)
</enum>
<text display-inline="yes-display-inline">
a process for providing guidance to local
areas and conducting oversight to ensure implementation of priority of service
for adult employment and training activities; in accordance with section
134(d)(4)(E);
</text>
</paragraph>
<paragraph commented="no" id="H3E8F64E8C83D4CEF8A5D51ED327BEF2D">
<enum>
(20)
</enum>
<text display-inline="yes-display-inline">
a description of how the State will develop
and implement career pathways and career and technical education by aligning
workforce investment programs for the purpose of providing individuals,
including low-skill adults and youth, with the employment, training, education,
and supportive services the individuals need to attain the necessary
credentials to secure and advance in employment;
</text>
</paragraph>
<paragraph commented="no" id="H33641824ACD74574953860C1B58D4A9F">
<enum>
(21)
</enum>
<text>
an objective
assessment of the needs of individuals in the State or outlying area for adult
education and literacy activities, including individuals with barriers to
employment;
</text>
</paragraph>
<paragraph commented="no" id="H4E43D0D7A1F74E0993AE8DA67D93CFF1">
<enum>
(22)
</enum>
<text>
a description of
how the eligible agency will develop program strategies for populations that
include, at a minimum—
</text>
<subparagraph commented="no" id="H30276C12FC16446391CB9F4715ADD351">
<enum>
(A)
</enum>
<text>
low-income
students;
</text>
</subparagraph>
<subparagraph commented="no" id="H9714C94A0067471DB165943A5D52A1E3">
<enum>
(B)
</enum>
<text>
individuals with
disabilities;
</text>
</subparagraph>
<subparagraph commented="no" id="H621A773C0FF4454EBA6D9DDDBB068AA6">
<enum>
(C)
</enum>
<text>
single parents and
displaced homemakers; and
</text>
</subparagraph>
<subparagraph commented="no" id="HEEA1E3E5B6D64C9FAC9220E50080F478">
<enum>
(D)
</enum>
<text>
individuals with
multiple barriers to educational enhancement, including individuals with
limited English proficiency; and
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H3243668C0B0F4EF5BBE5917DC3241103">
<enum>
(23)
</enum>
<text>
a description of
how the adult education and literacy activities that will be carried out with
any funds received under this subtitle will be integrated with other adult
education, career development, and employment and training activities in the
State or outlying area served by the eligible
agency.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HFB17A231A17547F792EF7A61E69023DF">
<enum>
(3)
</enum>
<text>
in subsection (c),
by striking
<quote>
Secretary of
</quote>
and inserting
<quote>
appropriate
Secretary of each core program
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section id="H6E290E9A005E41BB9EFD6329BB016BA9">
<enum>
112.
</enum>
<header>
State unified
plan
</header>
<text display-inline="no-display-inline">
The Workforce Investment
Act of 1998 is further amended—
</text>
<paragraph id="HEE54E96903B247509CBC07F5D02D7403">
<enum>
(1)
</enum>
<text>
by striking
section 501; and
</text>
</paragraph>
<paragraph id="H8E2EA2E9AC4142F7B0BA79CA3B4446B4">
<enum>
(2)
</enum>
<text>
by inserting after
section 112 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2162A038ECB448BDB5CEE3E539BC4F7C" style="OLC">
<section id="H66E2744F26434AA2B48237B468F3C376">
<enum>
113.
</enum>
<header>
State unified
plan
</header>
<subsection id="H9C9A311FCE994E74A9DB28F253384B24">
<enum>
(a)
</enum>
<header>
Purpose
</header>
<text display-inline="yes-display-inline">
The purpose of the State unified plan
required by this section is to align education, training, and workforce
development programs in support of a comprehensive workforce investment
system.
</text>
</subsection>
<subsection id="H9A4E9361DCAB43589250E8E859A841A8">
<enum>
(b)
</enum>
<header>
Definition of
Appropriate Secretary
</header>
<text>
In this section, the term
<term>
appropriate
Secretary
</term>
means the head of the Federal agency who exercises
administrative authority over an activity or program described in subsection
(c).
</text>
</subsection>
<subsection id="H4364AA71282F4A9D8A71D73CF180C721">
<enum>
(c)
</enum>
<header>
State Unified
Plan
</header>
<paragraph id="H4E8B7B433D274F4894195D9A4C8A22EE">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
A State shall develop
and submit to the appropriate Secretaries a State unified plan for the core
programs and may develop and submit one or more of the program and activities
described in paragraph (2) in lieu of submitting two or more plans, for the
programs and activities and the core programs.
</text>
</paragraph>
<paragraph id="H63D0E8A972024092ACA9B836E2D10CE2">
<enum>
(2)
</enum>
<header>
Programs
</header>
<text>
The
programs and activities referred to in paragraph (1) are as follows:
</text>
<subparagraph id="HBCE87C50C3164EFD9BF10658E9E0D833">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
Career and technical education programs at
the secondary and postsecondary level authorized under the Carl D. Perkins
Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2301">
20 U.S.C. 2301 et seq.
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="H44426D737F424F0EBC7C2E3EF2AC2FE9">
<enum>
(B)
</enum>
<text>
Programs
authorized under part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.).
</text>
</subparagraph>
<subparagraph id="HED6ECA74B50841FCB70A4AADFA8CD07C">
<enum>
(C)
</enum>
<text>
Programs
authorized under section 6(d)(4) of the Food and Nutrition Act of 2008 (7
U.S.C. 2015(d)(4)).
</text>
</subparagraph>
<subparagraph id="H52E390BD7B574A54AD502B72AD5C970B">
<enum>
(D)
</enum>
<text>
Work programs
authorized under section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(o)).
</text>
</subparagraph>
<subparagraph id="H049C8C248CA546248D023DFC23A1FC0C">
<enum>
(E)
</enum>
<text>
Activities
authorized under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271
et seq.).
</text>
</subparagraph>
<subparagraph id="H4D370A5D56134DB9B56200F4691B10B0">
<enum>
(F)
</enum>
<text>
Activities
authorized under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/41">
chapter 41
</external-xref>
of title 38, United States Code.
</text>
</subparagraph>
<subparagraph id="H699C4CEB93E04E2FBC5CFB8EC5A4AC96">
<enum>
(G)
</enum>
<text>
Programs
authorized under State unemployment compensation laws (in accordance with
applicable Federal law).
</text>
</subparagraph>
<subparagraph id="H86EEAD5AB5704CD7BE2732951E67003C">
<enum>
(H)
</enum>
<text>
Programs
authorized under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et
seq.).
</text>
</subparagraph>
<subparagraph id="H4A3D758AD6FE4CB1A08F3DE4E965E7D1">
<enum>
(I)
</enum>
<text>
Employment and
training activities carried out by the Department of Housing and Urban
Development.
</text>
</subparagraph>
<subparagraph id="H52501E31094D45159D032D9771C2106C">
<enum>
(J)
</enum>
<text>
Employment and
training activities carried out under the Community Services Block Grant Act
(
<external-xref legal-doc="usc" parsable-cite="usc/42/9901">
42 U.S.C. 9901 et seq.
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="H43E09300052A432784423DE0A38DC6A5">
<enum>
(K)
</enum>
<text>
Programs
authorized under section 212 of the Second Chance Act of 2007 (42 U.S.C.
17532).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H7385D419BD7345B5AA30968A689FA336">
<enum>
(d)
</enum>
<header>
Requirements
</header>
<paragraph id="HF62BFAB21ABD47439A3CBBA76CAE74E7">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The portion of a
unified plan covering the core programs shall be subject to the requirements of
section 112 and to the additional requirements contained in the authorizing
statute of the core program, if any. The portion of such plan covering a
program or activity described in subsection (b)(2) shall be subject to the
requirements, if any, applicable to a plan or application for assistance for
that program or activity.
</text>
</paragraph>
<paragraph id="H7FC2EA4C9BB241878746CDC86882C7EE">
<enum>
(2)
</enum>
<header>
Additional
submission not required
</header>
<text>
A State that submits a State unified plan
covering an activity or program described in subsection (b) that is approved
under subsection (d) shall not be required to submit any other plan or
application in order to receive Federal funds to carry out the activity or
program.
</text>
</paragraph>
<paragraph id="H33AF29B6D5894B11B8E1488BD393097A">
<enum>
(3)
</enum>
<header>
Coordination
</header>
<text>
A
State unified plan shall include—
</text>
<subparagraph id="H47184D006C584F57BD7F344BC6289812">
<enum>
(A)
</enum>
<text>
a description of
the methods used for joint planning and coordination of the programs and
activities included in the unified plan; and
</text>
</subparagraph>
<subparagraph id="H0416C3308C384072A2D3F12E464F0F1D">
<enum>
(B)
</enum>
<text>
an assurance that
the methods included an opportunity for the entities responsible for planning
or administering such programs and activities to review and comment on all
portions of the unified plan.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HC972A0F872834012A2047B96F7411B67">
<enum>
(e)
</enum>
<header>
Approval by the
Appropriate Secretaries
</header>
<paragraph id="H9C863DF4DDDF47E6B80C49EFBB5D163C">
<enum>
(1)
</enum>
<header>
Jurisdiction
</header>
<text>
The
appropriate Secretary shall have the authority to approve the portion of the
State unified plan relating to the activity or program over which the
appropriate Secretary exercises administrative authority. On the approval of
the appropriate Secretary, the portion of the plan relating to the activity or
program shall be implemented by the State pursuant to the applicable portion of
the State unified plan.
</text>
</paragraph>
<paragraph id="H1D6FEBDE414648B9A7237FD41DF38CAF">
<enum>
(2)
</enum>
<header>
Approval of core
programs
</header>
<text display-inline="yes-display-inline">
No portion of the
plan relating to a core program shall be implemented until the appropriate
Secretary approves the corresponding portions of the plan for all core
programs. Other core programs may continue in operation while new plan
provisions are revised or are awaiting approval.
</text>
</paragraph>
<paragraph id="H18E2A089D7A4494B9858DFD8D80CB8F6">
<enum>
(3)
</enum>
<header>
Timing of
approval
</header>
<subparagraph id="H99A7FFBD60A44845B461AC5B45AD6034">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Except as provided in subparagraphs (B) and (C), a
portion of the State unified plan covering the core programs or a program or
activity described in subsection (a)(2) shall be considered to be approved by
the appropriate Secretary at the end of the 90-day period beginning on the day
the plan is submitted.
</text>
</subparagraph>
<subparagraph id="HFCF8B16F13604A8ABD9EF5FD9A9DDC93">
<enum>
(B)
</enum>
<header>
Plan approved by
3 or more appropriate Secretaries
</header>
<text>
If an appropriate Secretary
other than the Secretary of Labor or the Secretary of Education has authority
to approve a portion of a unified plan, that portion of the unified plan shall
be considered to be approved by the appropriate Secretary at the end of the
90-day period beginning on the day the plan is submitted.
</text>
</subparagraph>
<subparagraph id="H8F3749243A1A4DFAB942D19EA7CF5370">
<enum>
(C)
</enum>
<header>
Disapproval
</header>
<text>
The
portion shall not be considered to be approved if the appropriate Secretary
makes a written determination, during the 90-day period, that the portion is
not consistent with the requirements of the Federal law authorizing or
applicable to the program or activity involved, including the criteria for
approval of a plan or application, if any, under such law, or the plan is not
consistent with the requirements of this section.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H90C95CDF95C44C34BD7A062F9F3F0DFD">
<enum>
(4)
</enum>
<header>
Local
jurisdiction
</header>
<text display-inline="yes-display-inline">
The appropriate
local board shall approve the portion of the State unified plan relating to the
activity or program over which the appropriate local board exercises
administrative authority. On the approval of the appropriate local board, the
portion of the plan relating to the activity or program shall be implemented by
the State pursuant to the applicable portion of the State unified
plan.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H25B3773FCB744ECA8033128291D163F9">
<enum>
113.
</enum>
<header>
Local workforce
investment areas and boards
</header>
<subsection id="H2635E59E8D78419D8926A2809A462ABA">
<enum>
(a)
</enum>
<header>
Planning process
for different types of regions
</header>
<text display-inline="yes-display-inline">
Section 116(c)(1) is amended—
</text>
<paragraph commented="no" id="HA210B914BC6A4074A43FEA1C687778F6">
<enum>
(1)
</enum>
<text>
by striking
<quote>
As part of
</quote>
and inserting:
</text>
<quoted-block display-inline="no-display-inline" id="HA22B7F116146449C94889A915F9EA3EE" style="OLC">
<subparagraph commented="no" id="H2271DAE690544BB3998895A814FA50E4">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
As part
of
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H8081FA31BC47491AB490532941DF257A">
<enum>
(2)
</enum>
<text>
by striking
<quote>
may
</quote>
each place it appears and inserting
<quote>
shall
</quote>
;
and
</text>
</paragraph>
<paragraph commented="no" id="H1D70EACE92824F0A85AC71773B798935">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H503F2F2090F8430A8D9CB2AFA10BDAC8" style="OLC">
<subparagraph commented="no" id="HC0C4C038B99F4058BE590A9B46172564">
<enum>
(B)
</enum>
<header>
Planning for
cooperative initiatives and arrangements
</header>
<text>
In the regions comprised
of 2 or more local areas, the State shall, in consultation with local boards,
require regional planning, and service delivery, by local boards in those
regions. For the purpose of administrative efficiency, the State shall require
the local boards in a planning region to participate in a regional planning
process for cooperative initiatives and arrangements that result in—
</text>
<clause commented="no" id="H5CCC8B50E0C74C36AA85F3FBD0FBA124">
<enum>
(i)
</enum>
<text>
the establishment
and implementation of regional service strategies and activities, including
service delivery cooperative arrangements and regional approaches to address
the employment and training needs of the region, including strategies that meet
the need of individuals with barriers to employment;
</text>
</clause>
<clause commented="no" id="HC1126A1B038E4630A21DF110E1FFDE56">
<enum>
(ii)
</enum>
<text>
as appropriate,
the development and implementation of initiatives involving in-demand industry
sectors or occupations;
</text>
</clause>
<clause commented="no" id="H881F80B3146A4852898E20E362137442">
<enum>
(iii)
</enum>
<text>
the collection
and analysis of regional labor market data (in conjunction with the State);
and
</text>
</clause>
<clause commented="no" id="H60A5EB1C02404669A01A89BB15C2B13B">
<enum>
(iv)
</enum>
<text>
the establishment
of administrative and infrastructural cost sharing, as appropriate.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H11774CA2598B4B8098E02EFE8B08E9FE">
<enum>
(C)
</enum>
<header>
Regional
plans
</header>
<text>
The State, after consultation with the local boards and
chief elected officials for the planning region, shall require the local boards
and officials to collaborate in order to prepare, submit, and obtain approval
of a single regional plan. Such plan shall include a description of the
cooperative initiatives and arrangements developed pursuant to clause (iii) and
incorporate local plans for each of the local areas in the planning region,
which shall contain strategies that are consistent and aligned with each
other.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" id="HF089BC494F794C0B976DB2B34114BAD4">
<enum>
(b)
</enum>
<header>
Composition of
the board and inclusion of public libraries
</header>
<text>
Section
117(b)(2)(A)(iv) is amended by striking
<quote>
individuals with disabilities
and
</quote>
and inserting
<quote>
public libraries, individuals with
disabilities, and
</quote>
.
</text>
</subsection>
<subsection id="HC71730105414494A95D3C9DA6600EF7C">
<enum>
(c)
</enum>
<header>
Worker
representation
</header>
<text>
Section 117(b) is further amended by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE28EB619B6F440B88F78459F7107B1A1" style="OLC">
<paragraph commented="no" id="H02038C818C8840A1A98632FB0C95CF37">
<enum>
(5)
</enum>
<header>
Worker
representation
</header>
<text display-inline="yes-display-inline">
Not less than
20 percent of the Board shall be comprised of representatives of the workforce
within the local area, and—
</text>
<subparagraph id="HE7F3A6693F62414890439793523D4E0F">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
shall include representatives described in
clause (iii) of paragraph (2)(A);
</text>
</subparagraph>
<subparagraph id="H6859ACE170124AADB9321461C07EF08C">
<enum>
(B)
</enum>
<text>
may include
representatives of community-based organizations that have demonstrated
experience and expertise in addressing the employment needs of individuals with
barriers to employment, including organizations that provide or support
competitive, integrated employment for individuals with disabilities;
and
</text>
</subparagraph>
<subparagraph id="HBBDC4D718AF94669B06A4CAF595AB565">
<enum>
(C)
</enum>
<text>
may include
representatives of organizations that have demonstrated experience and
expertise in addressing the employment, training, or education needs of
eligible youth, including representatives of organizations that serve
out-of-school
youth.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H8DE51AAF9999449086882A7B16163CA4">
<enum>
(d)
</enum>
<header>
Required
functions of the local boards
</header>
<text>
Section 117(d) is amended—
</text>
<paragraph id="HCCCEDDBC081F4570A70DA927CDEC596D">
<enum>
(1)
</enum>
<text>
in the matter
preceding paragraph (1), by striking
<quote>
The functions
</quote>
and inserting
<quote>
Consistent with section 118, the functions
</quote>
;
</text>
</paragraph>
<paragraph id="H0F37DA0894734FBCA679D068F8AAAEAE">
<enum>
(2)
</enum>
<text>
by amending
paragraph (1) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HC04AD4A389DC4F88B75BC9F048A65377" style="OLC">
<paragraph id="HE8094D61F80442D79E78B636BEC01A60">
<enum>
(1)
</enum>
<header>
Local
plan
</header>
<text display-inline="yes-display-inline">
The local board, in
partnership with the chief elected official for the local area involved, shall
develop and submit a local plan to the Governor that meets the requirements in
section 118. If the local area is part of a planning region that includes other
local areas, the local board shall collaborate with the other local boards and
chief elected officials from such other local areas in the development and
submission of the local plan as described in section
116(c)(1)(A).
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H280DA0364BB3406CA9C114A4059E85E8">
<enum>
(3)
</enum>
<text>
in paragraph
(3)(B)(i)—
</text>
<subparagraph id="H696681CFCCC44046AC726C1F1CC91756">
<enum>
(A)
</enum>
<text>
in subclause (II),
by inserting
<quote>
or the local board
</quote>
after
<quote>
entity
</quote>
;
</text>
</subparagraph>
<subparagraph id="H78BE61EE6C3F4CFAA62AC43519D5B2B5">
<enum>
(B)
</enum>
<text>
in subclause
(III), by inserting
<quote>
adult education, literacy and employment
services
</quote>
after
<quote>
workforce investment activities
</quote>
;
</text>
</subparagraph>
<subparagraph id="HB8AAE8A5791D47DC844BFA211C499AB0">
<enum>
(C)
</enum>
<text>
in subclause
(III)(ii), by adding at the end the following:
<quote>
which staff, including
staff of a one-stop center, report to and are responsible to the local board
and not the chief elected official
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HFA93B5CF5EE24C3494A3858C4AB68FCF">
<enum>
(4)
</enum>
<text>
in paragraph (4)
by striking
<quote>
with respect
</quote>
through
<quote>
in local area
</quote>
and inserting
<quote>
in its local area over the core programs as described in
this Act
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="HA532583B780B4A61BA6AE6C571E46C6A">
<enum>
(5)
</enum>
<text>
in paragraph
(8)—
</text>
<subparagraph commented="no" id="HDAB190A009E84F2CB6E3AC486B85CF42">
<enum>
(A)
</enum>
<text>
in the paragraph
heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
connecting
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
convening
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="H45430E731CBB427C98207BA699FD0B4B">
<enum>
(B)
</enum>
<text>
by striking
<quote>
connecting
</quote>
and inserting
<quote>
convening
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H5DC6DCBC4161424F96C81ECAD3CCB36E">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
<quote>
and to link youth, dislocated workers and others to
opportunities for employment, internships, registered apprenticeships, or
work-based learning
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H1A025DFA79104C3BAD26AB8991FCA559">
<enum>
(6)
</enum>
<text>
by adding at the
end the following new paragraphs:
</text>
<quoted-block display-inline="no-display-inline" id="H355274FE95CA49C08A03289A6EE32D58" style="OLC">
<paragraph commented="no" id="HBDC2AE86B47345ABA5F059E151843BD3">
<enum>
(9)
</enum>
<header>
Career pathways
development
</header>
<text display-inline="yes-display-inline">
The local board,
in consultation with the State board and with representatives of secondary,
postsecondary, career and technical education, and adult education programs,
shall lead efforts in the local area to develop and implement career pathways
within the local area by aligning the employment, training, education, and
supportive services that are needed by adults and youth, particularly
individuals with barriers to employment.
</text>
</paragraph>
<paragraph id="HB578D04D45F94FAAA56470F9A6E1F505">
<enum>
(10)
</enum>
<header>
Workforce
research and regional labor market analysis
</header>
<text display-inline="yes-display-inline">
In order to assist in the development and
implementation of the local plan, the local board shall coordinate with the
State public employment services under the Wagner-Peyser Act (29 U.S.C. 49 et
seq.) to—
</text>
<subparagraph id="H36D16FE487B448A09F62B71B575783AB">
<enum>
(A)
</enum>
<text>
utilize analyses
of the economic conditions in the region, the needed knowledge and skills for
the region, the workforce in the region, and workforce development activities
(including education and training) in the region described in section
118(b)(1), and regularly update such information;
</text>
</subparagraph>
<subparagraph id="H20B84D97642845B5B6F6DE34BE8BFB53">
<enum>
(B)
</enum>
<text>
assist the
Governor in developing the statewide labor market information system described
in section 15(e) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(e)
</external-xref>
), specifically in
the collection, analysis, and utilization of labor market information for the
region; and
</text>
</subparagraph>
<subparagraph id="H3A74E89B816D44D999251C2747ECF257">
<enum>
(C)
</enum>
<text>
assemble and
utilize such other research, data collection, and analysis related to the
workforce needs of the regional economy as the board, after receiving input
from a wide array of stakeholders, determines to be necessary to carry out its
functions.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCD687620A6C34E24996611E70E7A31A2">
<enum>
(11)
</enum>
<header>
Proven and
promising practices
</header>
<text>
The local board shall lead efforts in the
local area to—
</text>
<subparagraph id="H1C8B63E85BE34A34B691AC7ABBC8A288">
<enum>
(A)
</enum>
<text>
identify and
promote proven and promising strategies and initiatives for meeting the needs
of employers, and workers and job seekers (including individuals with barriers
to employment) in the local workforce investment system, including providing
physical and programmatic accessibility, in accordance with section 288 and
applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), to the one-stop delivery system; and
</text>
</subparagraph>
<subparagraph id="H7EB7C0DED1894E6B8CD659B90818286E">
<enum>
(B)
</enum>
<text>
identify and
disseminate information, in coordination with the Department of Labor and the
State board, on proven and promising practices carried out in other local areas
for meeting such needs.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB818E48B3768421D860884B347CFB008">
<enum>
(12)
</enum>
<header>
Technology
</header>
<text>
The
local board shall develop strategies for using technology to maximize the
accessibility and effectiveness of the local workforce investment system for
employers, and workers and job seekers, by—
</text>
<subparagraph id="HBBF59C38662843FC833E47D2887C9023">
<enum>
(A)
</enum>
<text>
facilitating
connections among the reporting systems of the one-stop partner programs to
support a comprehensive workforce investment system in the local area;
</text>
</subparagraph>
<subparagraph id="H6206E8B17DC74046B3241073E1488C94">
<enum>
(B)
</enum>
<text>
facilitating
access to services provided throughout the one-stop delivery system involved,
including facilitating the access in remote areas;
</text>
</subparagraph>
<subparagraph id="HD21B54AF1DE0429284F9EB9016D44430">
<enum>
(C)
</enum>
<text>
identifying
strategies for better meeting the needs of individuals with barriers to
employment, including strategies that augment traditional service delivery and
technologies that increase access to services and programs of the one-stop
delivery system for individuals with disabilities and other barriers to
employment; and
</text>
</subparagraph>
<subparagraph id="H997490BF25024D7CACAB42CB91DF6DB1">
<enum>
(D)
</enum>
<text>
leveraging
resources and capacity within the local workforce investment system, including
resources and capacity for services for individuals with barriers to
employment.
</text>
</subparagraph>
</paragraph>
<paragraph id="H39D764D6A0724345B0564634DF65537C">
<enum>
(13)
</enum>
<header>
Advertising
</header>
<text>
The
local board shall plan for advertising one-stop services throughout the local
area.
</text>
</paragraph>
<paragraph id="H49ABD436FDDA4225B8BEDDA8A6C3BBFD">
<enum>
(14)
</enum>
<header>
Transition
</header>
<text display-inline="yes-display-inline">
The local board shall develop strategies to
ensure that services provided in the local area are coordinated with and meet
the transition goals and services developed for children with disabilities
under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities
Education Act.
</text>
</paragraph>
<paragraph id="H0F85C0B038584659B56E084E6569F196">
<enum>
(15)
</enum>
<header>
Literacy
</header>
<text>
The
local board shall ensure that one-stop operators in the local area develop and
implement policies to ensure that the literacy and English language skills of
an adult or eligible youth are not barriers to accessing services, including
training services, that are available to assist individuals obtain and maintain
employment.
</text>
</paragraph>
<paragraph id="H49B3BBC60DC44FEB91CBCD6F4E6272C8">
<enum>
(16)
</enum>
<header>
Sector
initiatives
</header>
<text>
The local board shall develop and expand sector
initiatives in the local area or region which may include the convening of
industry or sector partnerships relating to in-demand industry sectors and
occupations.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H95FF8556FF8043D9B142B91B932C2416">
<enum>
(e)
</enum>
<header>
Contents of the
local plan
</header>
<text display-inline="yes-display-inline">
Section 118(b) is
amended—
</text>
<paragraph commented="no" id="HB0ACD2BD8B1F41DAB7052474DE038F15">
<enum>
(1)
</enum>
<text>
in paragraph (1),
by striking
<quote>
an identification of—
</quote>
and inserting
<quote>
based on
a labor market study and input solicited from local businesses, an
identification of—
</quote>
</text>
</paragraph>
<paragraph id="HEF313A32B1F04409A353380214290F7E">
<enum>
(2)
</enum>
<text>
by redesignating
paragraphs (7) through (10) as paragraphs (8) through (11), respectively, and
by inserting after paragraph (6) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF3FA6AFD8315448AA888E46282F36C58" style="OLC">
<paragraph id="H3E9FE900BBA24D2581A2BFED82EDBFE5">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
a description of how the local board will
coordinate workforce investment activities carried out in the local area with
apprenticeship programs registered under the National Apprenticeship Act (50
Stat. 664, chapter 663; 29 U.S.C. 50 et
seq.);
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H9DBB2072C99341758C8E45FDBF00E510">
<enum>
(3)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HEDC40C7B58A841C1909EB3102532E980" style="OLC">
<paragraph commented="no" id="H29423BA82A404D00BCC5EEAFDD74EF7A">
<enum>
(12)
</enum>
<text display-inline="yes-display-inline">
a description of the procedure or process
for implementing a priority of service for adult employment and training
activities in accordance with section 134(d)(4)(E); and
</text>
</paragraph>
<paragraph commented="no" id="H42684F318AA94B2D8E1325C70E1BCC32">
<enum>
(13)
</enum>
<text>
a description of
how the local board will coordinate workforce investment activities carried out
in the local area with employment, training, and literacy services carried out
by public
libraries.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
<section id="H06B36C502CE0484F94CD365186D90CBE">
<enum>
114.
</enum>
<header>
Additional
one-stop programs and activities
</header>
<text display-inline="no-display-inline">
Section 121 is amended—
</text>
<paragraph id="H2AB210B5C5D147D3B0AD73D4E9D7F8F2">
<enum>
(1)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="HB4AAF11221A7402484705A6F77F6275D">
<enum>
(A)
</enum>
<text>
in paragraph
(1)(B)—
</text>
<clause id="H7616CF528BC84D09B26A43C46A0817B9">
<enum>
(i)
</enum>
<text>
in
clause (xi), by striking
<quote>
; and
</quote>
and inserting a semicolon;
</text>
</clause>
<clause id="HDF4E5D5070534BF0A06D953E183C8B91">
<enum>
(ii)
</enum>
<text>
in
clause (xii), by striking the period and inserting a semicolon; and
</text>
</clause>
<clause id="H19084EF247F24CDFAF8E90E3DDAE6F54">
<enum>
(iii)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H71AEA2B0465C43F5BB61BBA74ED23CB9" style="OLC">
<clause id="HA019686D38C8498FB1383C59B96DBD24">
<enum>
(xiii)
</enum>
<text display-inline="yes-display-inline">
programs authorized under section 212 of
the Second Chance Act of 2007 (
<external-xref legal-doc="usc" parsable-cite="usc/42/17532">
42 U.S.C. 17532
</external-xref>
); and
</text>
</clause>
<clause id="H4CEE04E1B8624CF8A955F6225095C614">
<enum>
(xiv)
</enum>
<text>
programs
authorized under part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.), subject to subparagraph (C).
</text>
</clause>
<subparagraph id="H742D4AAC2C634514B59C74101CEC0281">
<enum>
(A)
</enum>
<header>
Determination by
the Governor
</header>
<clause id="H077D7D4DE77E45DAAF0BA31F3257D902">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
An entity that carries out a program referred to in
subparagraph (B)(xiv) shall be included in the one-stop partners for the local
area, as a required partner, for purposes of this Act and the other core
program provisions that are not part of this Act, unless the Governor provides
the notification described in clause (ii).
</text>
</clause>
<clause id="HE509A8ADB6434E198654BE91B72E2569">
<enum>
(ii)
</enum>
<header>
Notification
</header>
<text>
The
notification referred to in clause (i) is a notification that—
</text>
<subclause id="HB177CDE076EB42CDBF580B3AFEB1D77A">
<enum>
(I)
</enum>
<text>
is made in writing
of a determination by the Governor not to include such entity in the one-stop
partners described in clause (i); and
</text>
</subclause>
<subclause id="H4685F5B2694B4F6E8DC4F05BF0AD444C">
<enum>
(II)
</enum>
<text>
is provided to
the Secretary and the Secretary of Health and Human
Services.
</text>
</subclause>
</clause>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HB61AA17D59CC413DAC9B50F50809E4DF">
<enum>
(B)
</enum>
<text>
in paragraph
(2)(B), by striking clause (i) and redesignating clauses (ii) through (v) as
clauses (i) through (iv), respectively; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H9F3283E585C044F1B52DB59CDCADD983">
<enum>
(2)
</enum>
<text>
in subsection
(e)—
</text>
<subparagraph id="HC57EDFF9561C4044A0AC8A80281C7AF6">
<enum>
(A)
</enum>
<text>
by striking
<quote>
If a one-stop
</quote>
and inserting:
</text>
<quoted-block display-inline="no-display-inline" id="H4FC1A47D71464EED8B5E5701BF9BD92D" style="OLC">
<paragraph id="H46FBA730260F417CA0877C2BB0BAA669">
<enum>
(1)
</enum>
<header>
Existing
systems
</header>
<text display-inline="yes-display-inline">
If a
one-stop
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H57ABCA2010E540AD92D76FFF5F4623B7">
<enum>
(B)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H0A2723DB5B7B4459B55F648551AC1B55" style="OLC">
<paragraph id="H65A999BC140347318183D23EF8677FFF">
<enum>
(2)
</enum>
<header>
Collocation of
Wagner-Peyser services
</header>
<text display-inline="yes-display-inline">
Consistent with section 3(d) of the
Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49b">
29 U.S.C. 49b(d)
</external-xref>
), and in order to improve service delivery,
avoid duplication of services, and enhance coordination of services, the
employment service offices in each State and the one-stop centers established
under this title shall be collocated to the extent practicable.
</text>
</paragraph>
<paragraph id="H6ED4219A84B2452289E9546A530F8E50">
<enum>
(3)
</enum>
<header>
Use of common
one-stop delivery system identifier
</header>
<text display-inline="yes-display-inline">
Each one-stop delivery system shall include
in the identification of products, programs, activities, services, facilities,
and related property and materials, a common one-stop delivery identifier. The
identifier shall be developed by the Secretary of Labor, in consultation with
heads of other appropriate departments and agencies, and representatives of
State boards and local boards and of other stakeholders in the one-stop
delivery system, not later than the beginning of the second full program year
after the date of enactment of this Act. Such common identifier may consist of
a logo, phrase, or other identifier that informs users of the one-stop delivery
system that such product, programs, activities, services, facilities, property,
or materials are being provided through such system. Nothing in this paragraph
shall be construed to prohibit one-stop partners, States, or local areas from
having additional identifiers.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section id="H1BC35827D45E4DF8A4874E98E16DE939">
<enum>
115.
</enum>
<header>
Providers of
training services
</header>
<text display-inline="no-display-inline">
Section 122
is amended—
</text>
<paragraph id="HBF15D85FDB2E4D25B00F90A622B1CC9E">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="H78165C3333004816A1D6C6203ECC525C">
<enum>
(A)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="HDC8F5667855644B798A4D70622A73D06">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)(ii), by striking
<quote>
or certificate
</quote>
and inserting
<quote>
recognized postsecondary credential
</quote>
; and
</text>
</clause>
<clause id="H1F66F4893FA7443F83E36660E52A508F">
<enum>
(ii)
</enum>
<text>
in
subparagraph (C), by inserting
<quote>
, which may include joint
labor-management organizations, sector partnerships, and eligible providers of
adult education and literacy activities under title II if such activities are
provided in combination with occupational skills training
</quote>
before the
period; and
</text>
</clause>
</subparagraph>
<subparagraph id="H4DFDFF25BABC44A1BEC609679F43303D">
<enum>
(B)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H37AD6891FF344BFCA15FC98F877E292D" style="OLC">
<paragraph id="H992B76A4C3CC40BEA1219CB231C44F6D">
<enum>
(3)
</enum>
<header>
Inclusion on
list of eligible providers
</header>
<text display-inline="yes-display-inline">
A
private provider described in subparagraph (C) of paragraph (2) shall comply
with the criteria, information requirements, and procedures established under
this section to be included on the list of eligible training services described
in paragraph (3). A public provider described in subparagraph (A) and a
provider described in subparagraph (B) of paragraph (2) shall be included and
maintained on the list of eligible providers of training services described in
subsection (d) for so long as they comply with the requirements of this section
and for so long as a provider described in subparagraph (B) remains registered
as described in such
subparagraph.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H30F07796F84440B19BDEDBCE4D4DD845">
<enum>
(2)
</enum>
<text>
in subsection
(d)(1)(A) is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1078A04D359E435FBA3F181BCFE41580" style="OLC">
<clause commented="no" id="H1AA79BBD187F4DBCB8896F57299AA04C">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
information on the performance of the
provider with respect to the performance accountability measures described in
section 136 for such participants (taking into consideration the
characteristics of the population served and relevant economic conditions), and
information specifying the percentage of such participants who entered
unsubsidized employment in an occupation related to the program, to the extent
practicable; and
</text>
</clause>
<clause id="HDE4E64EF56564234A7881105BF70A7AA">
<enum>
(iv)
</enum>
<text>
information on
secondary or postsecondary diploma or its recognized equivalent, or recognized
postsecondary credentials received by such participants;
and
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="HD6826233FBE64B51B89003835E212C59">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in subsection (e), by inserting after the
first sentence the following:
<quote>
The list of providers shall also be based
on the identified labor market needs of employers in the local area based on
input solicited from local business and identified in the local plan pursuant
to section 118(b)(1).
</quote>
; and
</text>
</paragraph>
<paragraph id="H193C304569544B5C8A600BC35C6C2C4D">
<enum>
(4)
</enum>
<text>
in subsection
(h)—
</text>
<subparagraph id="H826124EED2AF4A1B9B2F0C8C2A69CEE0">
<enum>
(A)
</enum>
<text>
in the subsection
heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
or
customized training
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
incumbent worker
training, customized training, and other training
exceptions
</header-in-text>
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HF2915F3EAF6248BBA528B50F56116221">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in paragraph (1), by striking
<quote>
or
customized training
</quote>
and inserting
<quote>
incumbent worker training,
customized training, internships, and paid or unpaid work experience
opportunities, or transitional employment
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="HD29FAB426B404339BDBF627049EE19AA">
<enum>
116.
</enum>
<header>
Youth
activities
</header>
<subsection commented="no" id="H82CBD9ABB0AD4013993C0CAFDA857166">
<enum>
(a)
</enum>
<header>
Definition of
disadvantaged youth and State allotments
</header>
<text display-inline="yes-display-inline">
Section 127 is amended—
</text>
<paragraph commented="no" id="HE251A4C867FD4B19839E1930FCB0237C">
<enum>
(1)
</enum>
<text>
by amending
subsection (a) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HD5EC26DF83E94ABAA6DAC85A1788AAA7" style="OLC">
<subsection commented="no" id="H3F5581678DFB4C509A2C1105021063F4">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Secretary shall
use the amount appropriated under section 137(a) for a fiscal year to make
allotments and grants in accordance with subparagraphs (A) and (B) of
subsection (b)(1) and make funds available for use under section 166 (relating
to Native American
programs).
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="HF7B6535CECBD4D6BA878F83D9262EC2C">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph commented="no" id="H2466A20EA68E4B42BE6E2155212C7E8B">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
</text>
</subparagraph>
<subparagraph commented="no" id="H7D986D113EF14DBF894783FFBC2F573A">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in paragraph (2) by amending subparagraph
(C) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HF0511CFA78FF4779916C723EF86BBC53" style="OLC">
<subparagraph commented="no" id="HD5B1B541E8F14654AA052457AF5E1532">
<enum>
(C)
</enum>
<header>
Disadvantaged
youth
</header>
<text display-inline="yes-display-inline">
Subject to paragraph
(3), the term
<term>
disadvantaged youth
</term>
means an individual who—
</text>
<clause commented="no" id="H24000796CCCA4F779712CBD819F48EB4">
<enum>
(i)
</enum>
<text>
is age 16 through
24; and
</text>
</clause>
<clause commented="no" id="H874814D22DE04BECB83D06092067680A">
<enum>
(ii)
</enum>
<text>
received an
income, or is a member of a family that received a total family income, that,
in relation to family size, does not exceed 150 percent of the poverty
line.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H98BDDE68AA944449A7500BC783114694">
<enum>
(3)
</enum>
<text>
in subsection (c),
by amending paragraph (2) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H41FF8AA9E3B5463A99225D3516E1FC1A" style="OLC">
<paragraph id="HA2A4641A66D547ED9092484AB7FC8943">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text display-inline="yes-display-inline">
The amount available for reallotment for a
program year is equal to the amount by which the unobligated balance from State
allotments to the State at the end of the program year prior to the program
year for which the determination is made, exceeds 10 percent of the total
amount of funds available to the State for that prior program year, consisting
of the State allotment to the State for such prior program year (including
amounts from State allotments to the State, for all program years before that
prior program year) that remained
available.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HA2627585C5D94261B8C96B7D3C47DA88">
<enum>
(b)
</enum>
<header>
Within State
allocations
</header>
<text display-inline="yes-display-inline">
Section 128(c)(2)
is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H49DA8CC99B874EDCB081252E59C26D96" style="OLC">
<paragraph id="H87FD1A92DD184FEC9A9751DDD1A32CB4">
<enum>
(2)
</enum>
<header>
Amount
</header>
<subparagraph id="H50A355DECFC64F55A88FE5F8D4F6D960">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The amount available
for allocation for a program year is equal to the amount by which the balance
that is unobligated and unencumbered for training services at the end of the
program year prior to the program year for which the determination is made,
exceeds 10 percent of the total amount of funds available to the local area for
that prior program year, consisting of the local allocation to the local area
for such prior program year (including amounts from local allocations to the
local area, for all program years before that prior program year) that remained
available.
</text>
</subparagraph>
<subparagraph id="H236BEE2AA6B94412AB7BA48262C3A077">
<enum>
(B)
</enum>
<header>
Balance of
funds
</header>
<text>
For purposes of this paragraph, the balance that is
unobligated and unencumbered for training services is the amount that is the
difference between—
</text>
<clause id="HB512CDF09CDC430689F088AED5962781">
<enum>
(i)
</enum>
<text>
the total amount
of funds available to the local area under this section for that prior program
year consisting of the local allocation to the local area for such prior
program year (including amounts from local allocations to the local area for
all program years before that prior program year) that remained available;
and
</text>
</clause>
<clause id="H3270033EB8DB48618ABDA974D9DEAB88">
<enum>
(ii)
</enum>
<text>
the amount, from
that total amount of available funds, that is obligated or encumbered (in
accordance with generally accepted accounting principles) for training services
during such prior program year, except that for purposes of this paragraph the
amount included as encumbered for raining services shall not exceed 10 percent
of the total amount of available funds described in clause
(i).
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection commented="no" id="HC673BB322B1B444DA1F96081E8891587">
<enum>
(c)
</enum>
<header>
Required
statewide youth activities
</header>
<text>
Section 129(b)(2) is amended—
</text>
<paragraph commented="no" id="HC4A5331A88AA413BA24B86A967D16437">
<enum>
(1)
</enum>
<text>
in subparagraph
(C)—
</text>
<subparagraph commented="no" id="H9373BF12E6534E7E9EFB77F82FF92409">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
, or that fail to meet local performance accountability
measures,
</quote>
after
<quote>
concentrations of eligible youth
</quote>
;
and
</text>
</subparagraph>
<subparagraph commented="no" id="HB0331D1B52E74BF3B201F9D81D6712CB">
<enum>
(B)
</enum>
<text>
by striking the
period at the end and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HA9C71597597343889CF2CD76E4B09225">
<enum>
(2)
</enum>
<text>
by adding at the
end the following new subparagraph:
</text>
<quoted-block id="H9C5AEB1D02A34C7FB5E892D993148241" style="OLC">
<subparagraph commented="no" id="H8AF8FB737AA4413A98DE40A2D92EF263">
<enum>
(D)
</enum>
<text>
providing
technical assistance to, as appropriate, local boards, one-stop operators, and
eligible providers, including support for the training or staff in
evidence-based practices for serving eligible youth (including joint training)
and facilitating remote access to services provided through the one-stop
delivery
system.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H59BC66DDFE974976B9E1A783C4FF6839">
<enum>
(d)
</enum>
<header>
Local elements
and requirements
</header>
<text>
Section 129(c) is amended—
</text>
<paragraph commented="no" id="H84765B632EF24C29AD4337EDF1062A20">
<enum>
(1)
</enum>
<text>
in paragraph
(1)—
</text>
<subparagraph commented="no" id="HD3750A5FAD744BF6AD866B88065F5B5D">
<enum>
(A)
</enum>
<text>
in subparagraph
(B), by striking
<quote>
shall identify an
</quote>
and inserting
<quote>
shall
identify career pathways that include education and employment goals
</quote>
;
and
</text>
</subparagraph>
<subparagraph commented="no" id="HBAE211AEF7C14195988283E5B9A81DCA">
<enum>
(B)
</enum>
<text>
in subparagraph
(C)—
</text>
<clause commented="no" id="H5EDD38D617534CD9A8D71470AEDBDE9E">
<enum>
(i)
</enum>
<text>
in clause (i), by
striking
<quote>
, in appropriate cases
</quote>
;
</text>
</clause>
<clause commented="no" id="HB0E1157412C649E5B91562C4354EF5D1">
<enum>
(ii)
</enum>
<text>
in clause (ii),
by striking
<quote>
strong linkages between academic and occupational
learning
</quote>
and inserting
<quote>
activities leading to the attainment of a
secondary school diploma or its recognized equivalent, or a recognized
postsecondary credential
</quote>
; and
</text>
</clause>
<clause commented="no" id="HEB3D111604984AF882AED445A872F80E">
<enum>
(iii)
</enum>
<text>
in clause
(iv)—
</text>
<subclause commented="no" id="HFC82AEE66FB548CAA851D2591D391FA2">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
employers, including small employers, and in-demand occupations
</quote>
after
<quote>
effective connections to
</quote>
; and
</text>
</subclause>
<subclause commented="no" id="HF0F11CE6EA904C98AA94DBE09CB7D449">
<enum>
(II)
</enum>
<text>
by striking
subclauses (I) and (II);
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HC2A175D3A5904F51B813FAA389852DFC">
<enum>
(2)
</enum>
<text>
in paragraph
(2)—
</text>
<subparagraph commented="no" id="H226C734F3E224D99A62E44AFAA3F548D">
<enum>
(A)
</enum>
<text>
by striking
subparagraph (C) and redesignating subparagraphs (D) through (J) as
subparagraphs (C) through (I), respectively;
</text>
</subparagraph>
<subparagraph commented="no" id="HE29E0BEF036342CAB05D4273A8F59800">
<enum>
(B)
</enum>
<text>
in subparagraph
(C) (as so redesignated)—
</text>
<clause commented="no" id="H9E9EE70ECEE4484D83E79928F16EF7A5">
<enum>
(i)
</enum>
<text>
by striking
<quote>
work experiences as appropriate,
</quote>
and inserting
<quote>
work
experiences that include academic, area career and technical education or
occupational education to ensure youth are college and career ready,
</quote>
;
and
</text>
</clause>
<clause commented="no" id="H06176F70D1CE482999E4FA435AECE18D">
<enum>
(ii)
</enum>
<text>
after
<quote>
including internships,
</quote>
by inserting
<quote>
summer employment,
pre-apprenticeships programs, on-the-job training,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H6FE6773915AB495BB3A5587A5056BC7B">
<enum>
(C)
</enum>
<text>
in subparagraph
(E) (as so redesignated), by inserting
<quote>
such as youth service and
conservation corps,
</quote>
after
<quote>
include community
service
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="H59D44EA432384898A343508D59D94F11">
<enum>
(D)
</enum>
<text>
in subparagraph
(F) (as so redesignated), by inserting
<quote>
, financial literacy education,
and entrepreneurial skills training
</quote>
after
<quote>
supportive
services
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H4BF3E5E653A04ADBAC5BE520BBB08F65">
<enum>
(E)
</enum>
<text>
in subparagraph
(I) (as so redesignated), after
<quote>
which
</quote>
, by inserting
<quote>
shall
include career counseling and career exploration services, as appropriate,
and
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H0A9A9B0237374646A6E2C842DFBEB635">
<enum>
(3)
</enum>
<text>
in paragraph
(3)(C), by inserting
<quote>
and family members, mentors,
</quote>
after
<quote>
parents
</quote>
; and
</text>
</paragraph>
<paragraph id="HB2706929C0FC442087FB8016EFEDF4B6">
<enum>
(4)
</enum>
<text>
by amending
paragraph (4)(A) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H29E885ADBA2A478096ED23BF6217A2F4" style="OLC">
<subparagraph id="H9C64C54C071B4211B8FEBD86074E8A61">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
For any program year,
not less than 60 percent of the funds described in paragraph (1) shall be used
to provide youth workforce investment activities for out-of-school
youth.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
<section id="H8011277E979F4DBAAC071E647AF6DB19">
<enum>
117.
</enum>
<header>
Adult and
dislocated worker training activities
</header>
<subsection id="H386AFE27C05545E5B245243628112486">
<enum>
(a)
</enum>
<header>
Definition of
disadvantaged adult
</header>
<text display-inline="yes-display-inline">
Section
132(b)(1)(v)(IV) is amended by striking
<quote>
does not exceed and all that
follow
</quote>
and inserting
<quote>
150 percent of the poverty
line.
</quote>
.
</text>
</subsection>
<subsection id="H0378C5A6C8E04724AD807D7043C5CF36">
<enum>
(b)
</enum>
<header>
Reallotment
</header>
<text>
Section
132(c)(2) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H49CEC38001874D7192665563CF527935" style="OLC">
<paragraph id="H0917C5A873214263BDF2A2CA06B6C25D">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text display-inline="yes-display-inline">
The amount available for reallotment for a
program year is equal to the amount by which the unobligated balance from State
allotments to the State at the end of the program year prior to the program
year for which the determination is made, exceeds 10 percent of the total
amount of funds available to the State for that prior program year, consisting
of the State allotment to the State for such prior program year (including
amounts from State allotments to the State, for all program years before that
prior program year) that remained
available.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection commented="no" id="HD49B0C78EB304B03AFA9878CCB4E8BA5">
<enum>
(c)
</enum>
<header>
Transfer
authority
</header>
<text>
Section 133(b)(4) is amended by striking
<quote>
20
percent
</quote>
both places it appears and inserting
<quote>
30
percent
</quote>
.
</text>
</subsection>
<subsection id="HD8441E798255412E8B6C9DBE0212AF63">
<enum>
(d)
</enum>
<header>
within State
Reallocation
</header>
<text>
Section 133(c) 2 is amended to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="H79CFEA83D4184EF1BBCE923747063BA2" style="OLC">
<paragraph id="H7C4035A18F98409180BCF7AE8327A5DB">
<enum>
(2)
</enum>
<header>
Amount
</header>
<subparagraph id="HF4F9FDB6A5F34C15A81DE588EE0A7402">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The amount available
for allocation for a program year is equal to the amount by which the balance
that is unobligated and unencumbered for training services at the end of the
program year prior to the program year for which the determination is made,
exceeds 10 percent of the total amount of funds available to the local area for
that prior program year, consisting of the local allocation to the local area
for such prior program year (including amounts from local allocations to the
local area, for all program years before that prior program year) that remained
available.
</text>
</subparagraph>
<subparagraph id="H8B2CA0D7198C46CF95B1F8A6EDE0E02F">
<enum>
(B)
</enum>
<header>
Balance of
funds
</header>
<text>
For purposes of this paragraph, the balance that is
unobligated and unencumbered for training services is the amount that is the
difference between—
</text>
<clause id="HCCD1A48848D3488F9294DC7A803B498E">
<enum>
(i)
</enum>
<text>
the total amount
of funds available to the local area under this section for that prior program
year consisting of the local allocation to the local area for such prior
program year (including amounts from local allocations to the local area for
all program years before that prior program year) that remained available;
and
</text>
</clause>
<clause id="HB09CFA4807564C37A92201FD8C764E0C">
<enum>
(ii)
</enum>
<text>
the amount, from
that total amount of available funds, that is obligated or encumbered (in
accordance with generally accepted accounting principles) for training services
during such prior program year, except that for purposes of this paragraph the
amount included as encumbered for raining services shall not exceed 10 percent
of the total amount of available funds described in clause
(i).
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H210C54D216314D3B82F83ACC95BAB4D4">
<enum>
(e)
</enum>
<header>
Use of
unobligated rapid-Response funds
</header>
<text>
Section 134(a)(2) is
amended—
</text>
<paragraph id="H8C52637594254371A7908D3753D0744B">
<enum>
(1)
</enum>
<text>
in subparagraph
(A)—
</text>
<subparagraph id="H335C8F1897AB4ECD8C1B35D263DB90BD">
<enum>
(A)
</enum>
<text>
by redesignating
clauses (i) and (ii) as subclauses (I) and (II), respectively;
</text>
</subparagraph>
<subparagraph id="HE679D032627F47519658675A6B3FBAAB">
<enum>
(B)
</enum>
<text>
by striking
<quote>
A State shall use
</quote>
and inserting:
</text>
<quoted-block display-inline="no-display-inline" id="H304DE2A2A2C94CE0AEF642A3D8BA8F64" style="OLC">
<clause id="H72B29228E3ED414695B7E873F82F66F5">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
A State shall
use
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H1D3AD85BED474F4CAF73255760D93329">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6F3EF59968FD419CA4BC41E4524E4A8A" style="OLC">
<clause id="H8598B065D94B401CB99CD0358DA75FE7">
<enum>
(ii)
</enum>
<header>
Use of
unobligated funds
</header>
<text display-inline="yes-display-inline">
Funds
reserved by a Governor under section 133(a)(2) to carry out this subparagraph
that remain unobligated after the first program year for which such funds were
allotted may be used by the Governor to carry out statewide activities
authorized under subparagraph (B) or paragraph (3)(A), in addition to
activities under this subparagraph.
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H2FC0184E22BD4C7D939142AEC4231CC8">
<enum>
(2)
</enum>
<text>
in subparagraph
(B)—
</text>
<subparagraph id="HA13842D754344F42AD5376EA9134C264">
<enum>
(A)
</enum>
<text>
in clause (v), by
striking
<quote>
; and
</quote>
and inserting a semicolon;
</text>
</subparagraph>
<subparagraph id="H9FCAB34E896141A591DEE195D9FF9127">
<enum>
(B)
</enum>
<text>
in clause (vi), by
striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HC93E242462EF43D09691C80DC9CF1E5A">
<enum>
(C)
</enum>
<text>
by adding at the
end the following new clause:
</text>
<quoted-block display-inline="no-display-inline" id="H7F960398424E4566AB215E5BC5925AD4" style="OLC">
<clause id="H3A9A598BFE304BC585DCC6676F223A47">
<enum>
(vii)
</enum>
<text display-inline="yes-display-inline">
developing, implementing, and using layoff
aversion strategies in collaboration with appropriate economic development and
private sector entities, for implementation of strategies that may include
early identification of firms at risk of layoffs, use of feasability studies to
assess the needs of and options for at-risk firms and the delivery of
employment, training, economic development, investment and financial
restructuring activities to address identified risk
factors.
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</subsection>
<subsection commented="no" id="HAD934AA34B9448AE97910D92E64D209F">
<enum>
(f)
</enum>
<header>
Shared
services
</header>
<text>
Section 134(d)(1)(B) is amended—
</text>
<paragraph commented="no" id="H3BE6E3F708FC48039AAAA3938BAF8518">
<enum>
(1)
</enum>
<text>
by striking
<quote>
A portion
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H81A42655DC784C90A2EAC25167E594AC" style="OLC">
<clause commented="no" id="H160BB8A453F046CF82B15DCD096C9973">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
A portion
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H93E6DC59245B4B4EBDC204F597F4EA48">
<enum>
(2)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HDB539D178CDF4228AF15F77E1D0F1543" style="OLC">
<clause commented="no" id="H45C260804CC34C029396DC996C46E115">
<enum>
(ii)
</enum>
<header>
Additional
costs of one-stop
</header>
<text display-inline="yes-display-inline">
Subject to
the memorandum of understanding described in section 121(c) for the one-stop
delivery system involved, in addition to the funds provided for one-stop
infrastructure described in section 137(d), a portion of funds made available
under Federal law authorizing the programs described in section 121(b) and
administered by one-stop partners, or the noncash resources available under
such programs, shall be used to pay the additional costs relating to the
operation of the one-stop delivery system that are not paid from the funds
provided under section 137(d), as determined in accordance with clause (iv), to
the extent not inconsistent with the Federal law involved. Such costs shall
include the costs of the provision of core services described in section
134(d)(2) applicable to each program and may include common costs that are not
paid from the funds provided under section 137(d).
</text>
</clause>
<clause commented="no" id="H64BD9D2EFB47488F98CA4B40DEA1D2D3">
<enum>
(iii)
</enum>
<header>
Shared
services
</header>
<text>
Costs of shared services may include costs of services
that are authorized for and may be commonly provided through the one-stop
partner programs to any individuals, such as initial intake, assessment of
needs, appraisal of basic skills, identification of appropriate services to
meet such needs, referrals to other one-stop partners, and other similar
services.
</text>
</clause>
<clause commented="no" id="H9AC9D9CFE593454E8C6EF8457280F2F8">
<enum>
(iv)
</enum>
<header>
determination
and guidance
</header>
<text>
The method for determining the appropriate portion
of funds and noncash resources to be provided by the one-stop partner for each
program for a one-stop center shall be determined as part of the development of
the memorandum or understanding under subsection (c) for the one-stop center
and shall be stated in the memorandum. The State board shall provide guidance
to facilitate the determination, for purposes of the memorandum of
understanding, of an appropriate allocation of the funds and noncash resources
in local
areas.
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H4011B9C845854E6EB56570C8D66F2F3F">
<enum>
(g)
</enum>
<header>
Training
services
</header>
<text>
Section 134(d)(4) is amended—
</text>
<paragraph id="H5DED5211A9BC47C8B661363531349791">
<enum>
(1)
</enum>
<text>
in subparagraph
(B), by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H59BD6474B4AF4F218ADAB68F0923C0A7" style="OLC">
<clause id="HE0F1BB069664409CBC72403ACF454D9A">
<enum>
(iii)
</enum>
<header>
Rule of
construction
</header>
<text display-inline="yes-display-inline">
Nothing in this
paragraph shall be construed to require an individual to receive core or
intensive services under paragraphs (2) or (3), respectively, prior to
receiving training services under this
paragraph.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HDECF02C43DA6489F8B94F6FD063E94C0">
<enum>
(2)
</enum>
<text>
in subparagraph
(D)—
</text>
<subparagraph id="H525169C55E364A0FA6977CCA09C58632">
<enum>
(A)
</enum>
<text>
in clause (ix), by
striking
<quote>
; and
</quote>
and inserting a semicolon; and
</text>
</subparagraph>
<subparagraph id="H98992FD9A6854F98B990BFCEB9EBB53D">
<enum>
(B)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H113A5FF115EC4A9E8F858A49A1D07027" style="OLC">
<clause id="HD8C0796D30074105AADCB4913BCCDA15">
<enum>
(x)
</enum>
<text display-inline="yes-display-inline">
education, training, and skill upgrading
for individuals to work and maintain proficiency as workplace learning advisors
in programs sponsored by employers or joint labor-management
partnerships.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H8B4E8CE678004979BA7A03BD9BDA4C9B">
<enum>
(3)
</enum>
<text>
in subparagraph
(E)—
</text>
<subparagraph id="H93E6C6C6AF1B4853BCD81ADA2FE4C3B1">
<enum>
(A)
</enum>
<text>
by striking
<quote>
In the event
</quote>
through
<quote>
priority
</quote>
and inserting
<quote>
With respect to funds allocated to a local area for adult employment and
training activities, priority
</quote>
;
</text>
</subparagraph>
<subparagraph id="H56DB9B0D40654F9CBB53893AFF18AEFD">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
individuals with barriers to employment
</quote>
after
<quote>
public
assistance and other
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H5F8074FA09B742089AA5FBDF5664B668">
<enum>
(C)
</enum>
<text>
by striking
<quote>
making determination related to
</quote>
and inserting
<quote>
implementing
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H8BF21638E8C24A098BA64970154D39B1">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
by striking subparagraph (G) and inserting
the following:
</text>
<quoted-block display-inline="no-display-inline" id="H0E472F5051364D39A9DDB9033666768A" style="OLC">
<subparagraph id="H5EFA409AB62A44678D587B6463B666BD">
<enum>
(G)
</enum>
<header>
Use of
individual training accounts
</header>
<clause id="H09327629D02C4CED8CD928351E098E6B">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
Except as provided in clause (ii), training services
provided under this paragraph shall be provided through the use of individual
training accounts in accordance with this paragraph, and shall be provided to
eligible individuals through the one-stop delivery system.
</text>
</clause>
<clause id="HBFB54D23E2A24104BC94A48801C3BB07">
<enum>
(ii)
</enum>
<header>
Training
contracts
</header>
<text>
Training services authorized under this paragraph may
be provided pursuant to a contract for services in lieu of an individual
training account if—
</text>
<subclause id="H6ABE064DC699431D8CC3205E7001A79A">
<enum>
(I)
</enum>
<text>
the requirements
of subparagraph (F) are met;
</text>
</subclause>
<subclause id="H1F9063FDC1D14522AB6A0FD255EEA9F0">
<enum>
(II)
</enum>
<text>
such services are
on-the-job training, registered apprenticeships, customized training, incumbent
worker training, entrpreneurial skills training, or transitional
employment;
</text>
</subclause>
<subclause id="H6C18CA12FB76474AB867C46BA775DAAD">
<enum>
(III)
</enum>
<text>
the local board
determines there are an insufficient number of eligible providers of training
services in the local area involved (such as in a rural area) to accomplish the
purposes of a system of individual training accounts;
</text>
</subclause>
<subclause id="H3268E1A290854188810FFFEC5D2B6742">
<enum>
(IV)
</enum>
<text>
the local board
determines that there is a training services program of demonstrated
effectiveness offered in the local area by a community-based organization or
another private organization to serve individuals with barriers to employment;
or
</text>
</subclause>
<subclause id="H3DCC8CEB0761498295D55BC663694AFC">
<enum>
(V)
</enum>
<text>
the local board
determines that it would be most appropriate to award a contract to an
institution of higher education or other eligible provider of training
services, including area career and technical education centers in order to
facilitate the training of multiple individuals in in-demand industry sectors
or occupations and that such contract does not limit customer choice.
</text>
</subclause>
</clause>
<clause id="HF3394F7B50E947F6894E7EE8E2452BE9">
<enum>
(iii)
</enum>
<header>
Linkage to
occupations in demand
</header>
<text>
Training services provided under this
paragraph shall be directly linked to an in-demand industry sector or
occupation in the local area or region, or in another area to which an adult or
dislocated worker receiving such services is willing to relocate, except that a
local board may approve training services for occupations determined by the
local board to be in sectors of the economy that have a high potential for
sustained demand or growth in the local area.
</text>
</clause>
<clause id="H928DEF5ACD95485D812C9827AF723D9A">
<enum>
(iv)
</enum>
<header>
Rule of
construction
</header>
<text>
Nothing in this paragraph shall be construed to
preclude the combined use of individual training accounts and contracts in the
provision of training services, including arrangements that allow individuals
receiving individual training accounts to obtain training services that are
contracted for under clause (ii).
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HFB719D27D29746AAAEBA904D0D1361A2">
<enum>
(5)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD1EF2B34ECEF42CA9D42B971874AF1E3" style="OLC">
<subparagraph id="H70938162935E4153B6587B1BF78F55BC">
<enum>
(H)
</enum>
<header>
Reimbursement
for on-the-job training
</header>
<clause id="H33F2B981698E4D5D8997284CF5A42896">
<enum>
(i)
</enum>
<header>
Reimbursement
level
</header>
<text>
For purposes of the provision of on-the-job training under
this paragraph, the Governor or local board involved may increase the amount of
the reimbursement described in section 101(31) to an amount of up to 75 percent
of the wage rate of a participant for a program carried out under this chapter,
if, respectively—
</text>
<subclause commented="no" id="H244979A124474F778DD70422C0B60D4B">
<enum>
(I)
</enum>
<text>
the Governor
approves the increase with respect to a program carried out with funds reserved
by the State under that chapter, taking into account the factors described in
clause (ii); or
</text>
</subclause>
<subclause id="HB4F341D08C73407E89D2FC32759388CF">
<enum>
(II)
</enum>
<text>
the local board
approves the increase with respect to a program carried out with funds
allocated to a local area under such chapter, taking into account those
factors.
</text>
</subclause>
</clause>
<clause id="H7FCF18F8265841CE90721F1675F8B28E">
<enum>
(ii)
</enum>
<header>
Factors
</header>
<text>
For
purposes of clause (i), the Governor or local board, respectively, shall take
into account factors consisting of—
</text>
<subclause id="H7F86FBDFE742409FA761DA14193FA512">
<enum>
(I)
</enum>
<text>
the
characteristics of the participants;
</text>
</subclause>
<subclause id="HB8211A62AA9444C0948AFC6090BC0FD7">
<enum>
(II)
</enum>
<text>
the size and
resources of the employer;
</text>
</subclause>
<subclause id="H8A12381A22D546489FD324CD4ED220A3">
<enum>
(III)
</enum>
<text>
the likely
employment opportunities available to workers who complete an on-the-job
training program; and
</text>
</subclause>
<subclause id="HFB3B8BCA1D2544BD974567349A9AC177">
<enum>
(IV)
</enum>
<text>
such other
factors as the Governor or local board, respectively, may determine to be
appropriate, which may include the number of employees participating in the
training, wage and benefit levels of those employees (at present and
anticipated upon completion of the training), relation of the training to the
competitiveness of a participant, and other employer-provided training and
advancement
opportunities.
</text>
</subclause>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H90613001CB714A2B83FD6915515BEA8C">
<enum>
(h)
</enum>
<header>
Incumbent worker
training programs and transitional jobs
</header>
<text>
Section 134(e) is
amended—
</text>
<paragraph id="H7D0B460A3A8F4643AF542412E4F687F0">
<enum>
(1)
</enum>
<text>
in paragraph
(1)—
</text>
<subparagraph id="H811B5EB65BD74514A948D2F0E8C3B955">
<enum>
(A)
</enum>
<text>
in subparagraph
(A), by striking
<quote>
; and
</quote>
and inserting a semicolon;
</text>
</subparagraph>
<subparagraph id="HA52899E6B5534D658B9EB21D0B6F1568">
<enum>
(B)
</enum>
<text>
in subparagraph
(B), by striking the period at the end and inserting
<quote>
; and
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="H060C0D9E08994AC7B5FE55BF9A1CC115">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1B0359ABCD9D4AB796FE18ABD1B72A42" style="OLC">
<subparagraph id="HBFD09318B7D8417D8B38AD871FF2105A">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
work support activities designed to assist
low-wage workers in retaining and enhancing employment, such as the provision
of activities described in this section during nontraditional hours and the
provision of child care while such activities are being
provided.
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HAD8E3BDB98E44D80BE57E0EF42A3FF5D">
<enum>
(2)
</enum>
<text>
by adding at the
end the following new paragraphs:
</text>
<quoted-block display-inline="no-display-inline" id="HE77317DAF5824EA2A1D1FC8BEB6154FD" style="OLC">
<paragraph id="H62FE64FEBF4745BA930060E4A0FAE8E5">
<enum>
(4)
</enum>
<header>
Incumbent worker
training programs
</header>
<subparagraph id="H29E2F9F1A32C4326AF9B97CC24FD2E86">
<enum>
(A)
</enum>
<header>
In
general
</header>
<clause id="HFBEB84C63B2441FB83A27C303D983996">
<enum>
(i)
</enum>
<header>
Standard
reservation of funds
</header>
<text>
Except as provided in clause (ii), the local
board may reserve and use not more than 15 percent of the funds allocated to
the local area involved under section 133(b) to pay for the Federal share of
the cost of providing training through a training program for incumbent
workers, carried out in accordance with this paragraph.
</text>
</clause>
<clause id="H74D8C95D73D2491DA77C8E91DDAC5B00">
<enum>
(ii)
</enum>
<header>
Increased
reservation of funds
</header>
<text>
If the local board determines that there is
sufficient evidence that use of the funds reserved under clause (i) led to
employee retention by and contributed to creation of new jobs with employers
that participated in incumbent worker training programs, the local board may
reserve and use not more than a total of 20 percent of such funds to pay for
the Federal share of such costs.
</text>
</clause>
<clause id="HB919562B1C6749B9852B5416B27878D7">
<enum>
(iii)
</enum>
<header>
Determination
of eligibility
</header>
<text>
For the purpose of determining the eligibility of
an employer to receive funding under clause (i), the local board shall take
into account factors consisting of—
</text>
<subclause id="H2FAEDDB1BB0A42CE82ACA603D45F5FB8">
<enum>
(I)
</enum>
<text>
the
characteristics of the participants in the program;
</text>
</subclause>
<subclause id="HF1BE4AF078BD48A0A24206C02258512C">
<enum>
(II)
</enum>
<text>
the relationship
of the training to the competitiveness of a participant and the employer;
and
</text>
</subclause>
<subclause id="HF5E3CECB83274749A3D9ECE619705EF9">
<enum>
(III)
</enum>
<text>
such other
factors as the local board may determine to be appropriate, which may include
the number of employees participating in the training, the wage and benefit
levels of those employees (at present and anticipated upon completion of the
training), and the existence of other training and advancement opportunities
provided by the employer.
</text>
</subclause>
</clause>
<clause id="H37C589EBB8214160B08D56C4BE47026C">
<enum>
(iv)
</enum>
<header>
Statewide
impact
</header>
<text>
The Governor or State board involved may make
recommendations to the local board for providing incumbent worker training that
has statewide impact.
</text>
</clause>
</subparagraph>
<subparagraph id="H44BCE184430C4EC489C44557F4FB549D">
<enum>
(B)
</enum>
<header>
Training
activities
</header>
<text>
The training program for incumbent workers carried out
under this paragraph shall be carried out by the local board in conjunction
with the employers or groups of employers of such workers, or a
labor-management partnership, including joint registered apprenticeship
programs, for the purpose of assisting such workers in obtaining the skills
necessary to retain employment or avert layoffs.
</text>
</subparagraph>
<subparagraph id="H87613591B1E74A5888422497D664778F">
<enum>
(C)
</enum>
<header>
Employer payment
of non-Federal share
</header>
<text>
Employers participating in the program
carried out under this paragraph shall be required to pay for the non-Federal
share of the cost of providing the training to incumbent workers of the
employers.
</text>
</subparagraph>
<subparagraph id="H55A0B93893AE46FE9DF8C43C2AB22D23">
<enum>
(D)
</enum>
<header>
Non-Federal
share
</header>
<clause id="HF64E5BD795F8456E8D142AEFCA6C057D">
<enum>
(i)
</enum>
<header>
Factors
</header>
<text>
Subject
to clause (ii), the local board shall establish the non-Federal share of such
cost (taking into consideration such other factors as the number of employees
participating in the training, the wage and benefit levels of the employees (at
the beginning and anticipated upon completion of the training), the
relationship of the training to the competitiveness of the employer and
employees, and the availability of other employer-provided training and
advancement opportunities).
</text>
</clause>
<clause id="H4F17067DEA104755AD8867A9E09E54CB">
<enum>
(ii)
</enum>
<header>
Limits
</header>
<text>
The
non-Federal share shall not be less than—
</text>
<subclause id="H8C330CC5E3B84D09A64EB2FDF72AF217">
<enum>
(I)
</enum>
<text>
10 percent of the
cost for employers with not more than 50 employees;
</text>
</subclause>
<subclause id="H6BDC82E967904194886406633BEE4949">
<enum>
(II)
</enum>
<text>
25 percent of the
cost, for employers with more than 50 employees but not more than 100
employees; and
</text>
</subclause>
<subclause id="H3866E95DE48046B0906AF5FB545B519E">
<enum>
(III)
</enum>
<text>
50 percent of
the cost, for employers with more than 100 employees.
</text>
</subclause>
</clause>
<clause id="HF4E01A2C8D2240288B577775019645D7">
<enum>
(iii)
</enum>
<header>
Calculation of
employer share
</header>
<text>
The non-Federal share provided by an employer
participating in the program may include the amount of the wages paid by the
employer to a worker while the worker is attending a training program under
this paragraph.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="HB55466526BB941558C21FF1D66F49F9F">
<enum>
(E)
</enum>
<header>
Worker
protections
</header>
<text>
If an incumbent worker training program is proposed
for an employer whose workers are covered by a collective bargaining agreement,
the union representing those workers will be consulted regarding the incumbent
worker training program and concur prior to the start of the program.
</text>
</subparagraph>
</paragraph>
<paragraph id="H24DE6C74D9824C608424BD23CC60E28E">
<enum>
(5)
</enum>
<header>
Transitional
jobs
</header>
<text>
The local board may use not more than 15 percent of the
funds allocated to the local area involved under section 133(b) to provide
transitional jobs under subsection (c)(4) that—
</text>
<subparagraph id="H4DB2E1D3F5FF46F592AF11BCD3F79815">
<enum>
(A)
</enum>
<text>
are time-limited
work experiences in integrated settings that are subsidized and are in the
public, private, or nonprofit sectors for individuals with barriers to
employment who are chronically unemployed, have no employment experience or
have an inconsistent work history;
</text>
</subparagraph>
<subparagraph id="HC87ACD7B0B9D4C80AF23BE6668BA74A9">
<enum>
(B)
</enum>
<text>
are combined with
comprehensive employment and supportive services;
</text>
</subparagraph>
<subparagraph id="H55B6D2537E9B436A801A8EFFE4BD9E9D">
<enum>
(C)
</enum>
<text>
are designed to
assist the individuals described in subparagraph (A) to establish a work
history, demonstrate success in the workplace, and develop the skills that lead
to entry into and retention in unsubsidized employment; and
</text>
</subparagraph>
<subparagraph id="HABDED75D63B6451489F27853578C09FA">
<enum>
(D)
</enum>
<text>
assist in
placement or hiring to an unsubsidized
job.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
<section id="H4A20383CAF39403F98004447C70A953C">
<enum>
118.
</enum>
<header>
Unified
performance accountability system
</header>
<text display-inline="no-display-inline">
Section 136 is amended to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="H50B8BBFB0665484EB32AD08BE264B4DD" style="OLC">
<section id="HCD24F682D72249AE9CF9F55125B571C3">
<enum>
136.
</enum>
<header>
Unified
performance accountability system
</header>
<subsection id="HD4032CC8DB0444CABC2137EB9AD0CBBE">
<enum>
(a)
</enum>
<header>
Purpose
</header>
<text display-inline="yes-display-inline">
The purpose of this section is to establish
shared performance accountability measures that apply across the core programs
to assess the effectiveness of States and local areas in achieving positive
outcomes for individuals served by those programs.
</text>
</subsection>
<subsection id="HF691985F933C44C9A050B9A309007DC2">
<enum>
(b)
</enum>
<header>
State unified
performance accountability measures
</header>
<paragraph id="H151649EBE7D74435A338B64E7B4FA764">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
For each State, the unified performance accountability
measures for the core programs shall consist of—
</text>
<subparagraph id="HD0A3B00970464888855097C1A6E0B99A">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H3E3980880F464A4DAB219DF03C7D891D">
<enum>
(i)
</enum>
<text>
the primary indicators
of performance described in paragraph (2)(A); and
</text>
</clause>
<clause id="H8BF4ECFF142540A599691159547D7B4E" indent="up1">
<enum>
(ii)
</enum>
<text>
the additional indicators of
performance (if any) identified by the State under paragraph (2)(B); and
</text>
</clause>
</subparagraph>
<subparagraph id="H319A8051BCC344E3B73418E023B61333">
<enum>
(B)
</enum>
<text>
A State adjusted
level of performance for each indicator described in subparagraph (A).
</text>
</subparagraph>
</paragraph>
<paragraph id="HAC91E12272634669B73151C007F3115B">
<enum>
(2)
</enum>
<header>
Indicators of
performance
</header>
<subparagraph id="H32B8498CEED04E1AA7574ECECA2B945A">
<enum>
(A)
</enum>
<header>
Primary
indicators of performance
</header>
<clause id="H13478BF84DBC47C9BB091260017A0E9E">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
The State primary indicators of performance for
activities provided under the adult and dislocated worker programs authorized
under chapter 6 of subtitle B of title I, the program of adult education and
literacy activities authorized under title II, the employment services program
authorized under sections 1 through 13 of the Wagner-Peyser Act (29 U.S.C. 49
et seq.) (except that subclauses (IV) and (V) shall not apply to such program),
and the program authorized under title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C.
732, 741), shall consist of—
</text>
<subclause id="H1BABC917CC0D4D18BD2E019B62384227">
<enum>
(I)
</enum>
<text>
the percentage and
number of program participants who are in unsubsidized employment during the
second quarter after exit from the program;
</text>
</subclause>
<subclause id="HE1E02276DEE746ACA67CD4A5812327E4">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
the percentage and number of program
participants who are in unsubsidized employment during the fourth quarter after
exit from the program;
</text>
</subclause>
<subclause id="HC2D1BEBAC0DC4F2888CD701E5E2AA819">
<enum>
(III)
</enum>
<text display-inline="yes-display-inline">
the median earnings of program participants
who are in unsubsidized employment during the second quarter after exit from
the program compared to the median earnings of such participants prior to the
training;
</text>
</subclause>
<subclause id="HE242A1BBAD034EE191A470AE7E49DC80">
<enum>
(IV)
</enum>
<text>
the percentage of
program participants who obtain a recognized postsecondary credential,
including in a registered apprenticeship or on-the-job training program, or a
secondary school diploma or its recognized equivalent (subject to clause
(iii)), during participation in or within 1 year after exit from the
program;
</text>
</subclause>
<subclause id="H2116DC68231D43CCA284B794CD7E2E08">
<enum>
(V)
</enum>
<text display-inline="yes-display-inline">
the percentage of program participants who,
during a program year, are in an education or training program, including a
registered apprenticeship or on-the-job training program, that leads to a
recognized postsecondary credential or a secondary school diploma or its
recognized equivalent, or employment and who are achieving measurable basic
skill gains toward such a credential or employment; and
</text>
</subclause>
<subclause id="H166BD12F12794199AF41236E0B2B6294">
<enum>
(VI)
</enum>
<text>
the indicators of
effectiveness in serving employers established pursuant to clause (iv).
</text>
</subclause>
</clause>
<clause id="HCDF86264257B4C5DBC9A10526C07D805">
<enum>
(ii)
</enum>
<header>
Primary
indicators of performance for eligible youth
</header>
<text>
The primary
indicators of performance for the youth program authorized under chapter 4 of
this subtitle shall consist of—
</text>
<subclause id="HB127559EA89849FA96F7957290F7F4AC">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
the percentage and number of program
participants who are in education or training activities, or in unsubsidized
employment during the second quarter after exit from the program;
</text>
</subclause>
<subclause id="H75488A1F70C64B2B9B807F9878669B65">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
the percentage and number of program
participants who are in education or training activities, or in unsubsidized
employment, during the fourth quarter after exit from the program;
</text>
</subclause>
<subclause id="H23FD570D8E4349A585EFBBB241BCB1B2">
<enum>
(III)
</enum>
<text display-inline="yes-display-inline">
the median earnings of program participants
who are in unsubsidized employment during the second quarter after exit from
the program compared to the median earnings of such participants prior to the
training;
</text>
</subclause>
<subclause id="H789494E7B0934A75A64CCB23CD22771F">
<enum>
(IV)
</enum>
<text>
the percentage of
program participants who obtain a recognized postsecondary credential described
in clause (i)(IV), or a secondary school diploma or its recognized equivalent
subject to clause (iii) during participation in or within 1 year after exit
from the program;
</text>
</subclause>
<subclause id="H41F11CDB27C9413496CC8EEAD5A549CF">
<enum>
(V)
</enum>
<text>
the percentage of
program participants who, during a program year, are in an education or
training program that leads to a recognized postsecondary credential or a
secondary school diploma or its recognized equivalent, or employment and who
are achieving measurable basic skill gains toward such a secondary credential
or employment; and
</text>
</subclause>
<subclause id="H87E0DBEBB29D4034ABE78FB58E32244D">
<enum>
(VI)
</enum>
<text>
the indicators of
effectiveness in serving employers established pursuant to clause (iv).
</text>
</subclause>
</clause>
<clause id="HD5E2341AD73D4044AE369CF5B580AD6E">
<enum>
(iii)
</enum>
<header>
Indicator
relating to credential
</header>
<text>
For purposes of clause (i)(IV) or
(ii)(IV), program participants who obtain a secondary school diploma or its
recognized equivalent shall be included in the percentage counted as meeting
the criterion under such clause only if such participants, in addition to
obtaining such diploma or its recognized equivalent, have obtained or retained
employment, have been removed from public assistance, or are in an education or
training program leading to a recognized postsecondary credential described in
clause (i)(IV) within 1 year after exit from the program.
</text>
</clause>
<clause id="HC82469BCE0844E88853C5AE8E3DB4328">
<enum>
(iv)
</enum>
<header>
Indicator for
services to employers
</header>
<text>
Prior to the commencement of the second
full program year after the date of enactment of this Act, for purposes of
clauses (i)(VI) and (ii)(V), the Secretary of Labor and the Secretary of
Education after consultation with the representatives described in subsection
(h)(2), shall jointly develop and establish, for purposes of this subparagraph,
1 or more primary indicators of performance that indicate the effectiveness of
the core programs in serving employers.
</text>
</clause>
</subparagraph>
<subparagraph id="H5F7183F6E6AC4CA4B93E0A522EB087E9">
<enum>
(B)
</enum>
<header>
Additional
indicators
</header>
<text>
A State may identify in the State plan additional
performance accountability indicators.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1D822F0B3A4245D6A17E69C8EC46B65B">
<enum>
(3)
</enum>
<header>
Levels of
performance
</header>
<subparagraph id="H40B9FA57C0B14511914021E56C655B0C">
<enum>
(A)
</enum>
<header>
State adjusted
levels of performance for primary indicators
</header>
<clause id="HB14066AEFDAD4E51B6E029252ADCCF53">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
For each State submitting a State plan, there shall be
established, in accordance with this subparagraph, levels of performance for
each of the corresponding primary indicators of performance described in
paragraph (2) for each of the programs described in clause (ii).
</text>
</clause>
<clause id="H41E88A15F91C446687B624806B9DB0B1">
<enum>
(ii)
</enum>
<header>
Included
programs
</header>
<text>
The programs included under clause (i) are—
</text>
<subclause id="H333BB26B6FE24C07856F6A09BADD09B1">
<enum>
(I)
</enum>
<text>
the youth program
authorized under chapter 4 of this subtitle;
</text>
</subclause>
<subclause id="H1EFC76C4EF284EF3970E82FC02F79EDF">
<enum>
(II)
</enum>
<text>
the adult program
authorized under chapter 5 of this subtitle;
</text>
</subclause>
<subclause id="HE7406883E3D7431FB4D6E5A264BDA51C">
<enum>
(III)
</enum>
<text>
the dislocated
worker program authorized under chapter 5 of this subtitle;
</text>
</subclause>
<subclause id="HCD1FE1F3BD29406D9C05CD8ACFB785CA">
<enum>
(IV)
</enum>
<text>
the program of
adult education and literacy activities authorized under title II;
</text>
</subclause>
<subclause id="HD64577A8D2374C39AF49F21964981EA4">
<enum>
(V)
</enum>
<text>
the employment
services program authorized under sections 1 through 13 of the Wagner-Peyser
Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
); and
</text>
</subclause>
<subclause id="HA583392FE5BF47A283A87C6742F4A8AA">
<enum>
(VI)
</enum>
<text>
the program
authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.), other than section 112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
,
741).
</text>
</subclause>
</clause>
<clause id="H5CCA816F81BA4B7180E2956EB7D52414">
<enum>
(iii)
</enum>
<header>
Identification
of State plan
</header>
<text>
Each State shall identify, in the State plan,
expected levels of performance for each of the corresponding primary indicators
of performance for each of the programs described in clause (ii) for the first
2 program years covered by the State plan.
</text>
</clause>
<clause id="H8AA72A865DC6482F96E29B979909799F">
<enum>
(iv)
</enum>
<header>
Agreement of
State adjusted levels of performance
</header>
<subclause id="H23EE12EB0E5B48D58C7EC5D98F260942">
<enum>
(I)
</enum>
<header>
First 2
years
</header>
<text>
The State shall reach agreement with the Secretary of Labor
and the Secretary of Education on levels of performance for each indicator
described in clause (iii) for each of the programs described in clause (ii) for
each of the first 2 program years covered by the State plan. In reaching the
agreement, the State and Secretaries shall take into account the levels
identified in the State plan under clause (iii) and the factors described in
clause (v). The levels agreed to shall be considered to be the State adjusted
levels of performance for the State for such program years and shall be
incorporated into the State plan prior to the approval of such plan.
</text>
</subclause>
<subclause id="H6E508FFDEAC54531880820CD901A7B2F">
<enum>
(II)
</enum>
<header>
Third and
fourth year
</header>
<text>
The State and the Secretaries shall reach agreement,
prior to the third program year covered by the State plan, on levels of
performance for each indicator described in clause (iii) for each of the
programs described in clause (ii) for each of the third and fourth program
years covered by the State plan. In reaching the agreement, the State and
Secretaries shall take into account the factors described in clause (v). The
levels agreed to shall be considered to be the State adjusted levels of
performance for the State for such program years and shall be incorporated into
the State plan as a modification to the plan.
</text>
</subclause>
</clause>
<clause id="H0733E1568AE54BA0B00C6E2FBD27B8ED">
<enum>
(v)
</enum>
<header>
Factors
</header>
<text>
In
reaching the agreements described in clause (iv), the State and Secretaries
shall—
</text>
<subclause id="H9EE5AE6C494A496A8CE8A29D90434E84">
<enum>
(I)
</enum>
<text>
take into account
how the levels involved compare with the State adjusted levels of performance
established for other States;
</text>
</subclause>
<subclause id="HB26DFF8BFFAD41A9A21F8113E6A1AF30">
<enum>
(II)
</enum>
<text>
ensure that the
levels involved are adjusted, using the objective statistical model established
by the Secretaries pursuant to clause (viii), based on the difference among
States in economic conditions (including differences in unemployment rates and
job losses or gains in particular industries) and the characteristics of
participants when the participants entered the program involved, including
indicators of poor work history, lack of work experience, lack of educational
or occupational skills attainment, dislocation from high-wage and high-benefit
employment, low levels of literacy or English proficiency, disability status,
homelessness, ex-offender status, and welfare dependency;
</text>
</subclause>
<subclause id="H95EFD1A69CF14FDCAE66AEC1DCFBED55">
<enum>
(III)
</enum>
<text>
take into
account the extent to which the levels involved promote continuous improvement
in performance accountability on the performance accountability measures by
such State and ensure optimal return on the investment of Federal funds;
and
</text>
</subclause>
<subclause id="HD2DCE2B04706421B93A043465869A0F4">
<enum>
(IV)
</enum>
<text>
take into account
the extent to which the levels involved will assist the State in meeting the
goals described in clause (vi).
</text>
</subclause>
</clause>
<clause id="HA1DC1680944E43FA950818E89331D822">
<enum>
(vi)
</enum>
<header>
Goals
</header>
<text>
In
order to promote enhanced performance outcomes and to facilitate the process of
reaching agreements with the States under clause (iv), the Secretary of labor
and the Secretary of Education shall establish performance goals for the core
programs, in accordance with the Government Performance and Results Act of 1993
and in consultation with States and other appropriate parties. Such goals shall
be long-term goals for the adjusted levels of performance to be achieved by
each of the programs described in clause (ii) regarding the corresponding
primary indicators of performance described in paragraph (2)(A).
</text>
</clause>
<clause id="HAEDB4CDB216D4FD38313A4E62720EE20">
<enum>
(vii)
</enum>
<header>
Revisions
based on economic conditions and individuals served during the program
year
</header>
<text>
The Secretary of Labor and the Secretary of Education shall,
in accordance with the objective statistical model developed pursuant to clause
(viii), revise the State adjusted levels of performance applicable for each of
the programs described in clause (ii), for a program year and a State, to
reflect the economic conditions and characteristics of participants (as
described in clause (v)(II)) in that program during such program year in a such
State.
</text>
</clause>
<clause id="HD842377433774D76ADCC0121A7D9A9AB">
<enum>
(viii)
</enum>
<header>
Statistical
adjustment model
</header>
<text>
The Secretary of Labor and the Secretary of
Education, after consultation with the representatives described in subsection
(h)(2), shall develop and disseminate an objective statistical model that will
be used to make the adjustments in the State adjusted levels of performance for
economic conditions and characteristics of participants under clauses (v) and
(vii).
</text>
</clause>
</subparagraph>
<subparagraph id="H1E3A7186E659424E9463166B31EB305E">
<enum>
(B)
</enum>
<header>
Levels of
performance for additional indicators
</header>
<text>
The State may identify, in
the State plan, State levels of performance for each of the additional
indicators identified under paragraph (2)(B). Such levels shall be considered
to be State adjusted levels of performance for purposes of this section.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HBEC5EB31623C49A984491E645E4D79A4">
<enum>
(c)
</enum>
<header>
Local
performance accountability measures
</header>
<paragraph id="H1BC5F665A4BF4B4C850DA4BEC8663C90">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
For each local area in a State designated under section
116, the local performance accountability measures for each of the program
described in subclauses (I) through (III) of subsection (b)(3)(A)(ii) shall
consist of—
</text>
<subparagraph id="HF31587D8B85C4CB2BF973909ED5D8487">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="HFFDD3F1D345245CAB1732E8FCCBB883B">
<enum>
(i)
</enum>
<text>
the primary indicators
of performance described in subsection (b)(2)(A) that are applicable to such
programs; and
</text>
</clause>
<clause id="HD09D45F6235A4D31AB49F2790D9C3222" indent="up1">
<enum>
(ii)
</enum>
<text>
additional indicators of
performance, if any, identified by the State for such programs under subsection
(b)(2)(B); and
</text>
</clause>
</subparagraph>
<subparagraph id="HE89560EDD0E34FBB900D58D0ED1F6E2C">
<enum>
(B)
</enum>
<text>
the local level of
performance for each indicator described in subparagraph (A).
</text>
</subparagraph>
</paragraph>
<paragraph id="H8BB976C0A59D4B3BA54DD83638F63FFB">
<enum>
(2)
</enum>
<header>
Local level of
performance
</header>
<text>
The local board, the chief elected official, and the
Governor shall negotiate and reach agreement on local levels of performance
based on the State adjusted levels of performance established under subsection
(b)(3)(A).
</text>
</paragraph>
<paragraph id="H20B70970431E4C9DBCDDAC2042AA33AB">
<enum>
(3)
</enum>
<header>
Adjustment
factors
</header>
<text>
In negotiating the local levels of performance, the local
board, the chief elected official, and the Governor shall make adjustments for
the expected economic conditions and the expected characteristics of
participants to be served in the local area, using the statistical adjustment
model developed pursuant to subsection (b)(3)(A)(viii). In addition, the
negotiated local levels of performance applicable to a program year shall be
revised to reflect the economic conditions experienced and the characteristics
of the populations served in the local area during such program year using the
statistical adjustment model.
</text>
</paragraph>
</subsection>
<subsection id="HB4904B18F49145A2A02BEB3864966C76">
<enum>
(d)
</enum>
<header>
Performance
accountability reports
</header>
<paragraph id="H762095B9D4B549AFA857F992C1A642F8">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Not later than 6 months after the date of enactment of
the Workforce Investment Act of 2012, the Secretary of Labor and the Secretary
of Education shall jointly develop a template for performance reports that
shall be used by States, local boards, and eligible providers of training
services under section 122 to report on outcomes achieved by the core programs,
and to report on quantifiable benchmarks established in the State plan as
described in section 112 or the State unified plan described in section 113
that demonstrate annual improvement with respect to each of the system-wide
performance indicators established under subsection (j)(2) of this
section.
</text>
</paragraph>
<paragraph id="HA896AAF5AF994F78A8692B2CF9865DA2">
<enum>
(2)
</enum>
<header>
Contents of
State performance reports
</header>
<text>
The performance report for a State
shall include, subject to paragraph (5)(C)—
</text>
<subparagraph id="H99539FC846A94908A687AE4C8AF84498">
<enum>
(A)
</enum>
<text>
information
specifying the levels of performance achieved with respect to the primary
indicators of performance described in subsection (b)(2)(A) for each of the
programs described in subsection (b)(3)(A)(ii) and the State adjusted levels of
performance with respect to such indicators for each program;
</text>
</subparagraph>
<subparagraph id="HB9A10FECAB9D4C75AED334BAD833C143">
<enum>
(B)
</enum>
<text>
information
specifying the levels of performance achieved with respect to the primary
indicators of performance described in subsection (b)(2)(A) for each of the
programs described in subsection (b)(3)(A)(ii) with respect to individuals with
barriers to employment, disaggregated by each subpopulation of such
individuals;
</text>
</subparagraph>
<subparagraph id="HFEB748EAAEEC4B4E8D9EB19EA24F39E5">
<enum>
(C)
</enum>
<text>
the total number
of participants served by each type of service of the programs described in
subsection (b)(3)(A)(ii), and the types of core, intensive, and training
services provided;
</text>
</subparagraph>
<subparagraph id="H8287641DC8F349C5B9E292F62A56A026">
<enum>
(D)
</enum>
<text>
the number of
individuals with barriers to employment served by each type of service by each
of the programs described in subsection (b)(3)(A)(ii), disaggregated by each
subpopulation of such individuals;
</text>
</subparagraph>
<subparagraph id="HDF759492B8564707A3CA7FFC170C97FD">
<enum>
(E)
</enum>
<text>
the number of
participants who are enrolled in more than 1 of the programs described in
subsection (b)(3)(A)(ii); and
</text>
</subparagraph>
<subparagraph id="HC8B3DFD894BE43F6849A1E8526344FF5">
<enum>
(F)
</enum>
<text>
other information
that facilitates comparisons of programs with programs in other States.
</text>
</subparagraph>
</paragraph>
<paragraph id="H672A891771A341E89569B5C40FDA73B0">
<enum>
(3)
</enum>
<header>
Contents of
local area performance reports
</header>
<text>
The performance reports for a
local area shall include, subject to paragraph (5)(C)—
</text>
<subparagraph id="H96919E23A4804D0592D80AEF322E9D79">
<enum>
(A)
</enum>
<text>
information
specifying the levels of performance achieved with respect to the primary
indicators of performance described in subsection (b)(2)(A) for each of the
programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii),
and the local adjusted levels of performance with respect to such indicators
for each program;
</text>
</subparagraph>
<subparagraph id="HA8DDFB96C82A469F9996F53D8D8B2AD5">
<enum>
(B)
</enum>
<text>
information
specifying the levels of performance achieved with respect to the primary
indicators of performance described in subsection (b)(2)(A) for each of the
programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii)
with respect to individuals with barriers to employment, disaggregated by each
subpopulation of such individuals;
</text>
</subparagraph>
<subparagraph id="HED2EF6D081CC4C87B735DBAEB8E06579">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the total number of participants served by
each of the programs described in subclauses (I) through (III) of subsection
(b)(3)(A)(ii), and the types of core, intensive, and training services
provided;
</text>
</subparagraph>
<subparagraph id="HC8A4A09474DA47358CEEBCBEA153409C">
<enum>
(D)
</enum>
<text>
the number of
individuals with barriers to employment served by each of the programs
described in subclauses (I) through (III) of subsection (b)(3)(A)(ii),
disaggregated by each subpopulation of such individuals;
</text>
</subparagraph>
<subparagraph id="HE2DEC7AFEA9B400B88ED05D67E7E8FBE">
<enum>
(E)
</enum>
<text>
the number of
participants who are enrolled in any of the programs described in subclauses
(I) through (III) of subsection (b)(3)(A)(ii) who are enrolled in more than 1
program described in subsection (b)(3)(A)(ii); and
</text>
</subparagraph>
<subparagraph id="H9DF95F9159EF483D89237044057D7428">
<enum>
(F)
</enum>
<text>
other information
that facilitates comparisons of programs with programs in other local areas (or
planning regions, as appropriate).
</text>
</subparagraph>
</paragraph>
<paragraph id="HF0FC904127014D4B9418D13E6A8CEE17">
<enum>
(4)
</enum>
<header>
Contents of
eligible training providers performance reports
</header>
<text>
The performance
report for an eligible provider of training services under section 122 shall
include, subject to paragraph (5)(C), with respect to each program of training
services, including core, intensive, and training services, of such
provider—
</text>
<subparagraph id="HA4280701A71E4271ABB6CC5870DB23D5">
<enum>
(A)
</enum>
<text>
information
specifying the levels of performance achieved with respect to the primary
indicators of performance described in subclauses (I) through (IV) of
subsection (b)(2)(A)(i) with respect to participants served under the adult and
dislocated worker programs under chapter 5 of this subtitle; and
</text>
</subparagraph>
<subparagraph id="H5F8C288AB6DB49E1B9B52CA7A7542C8F">
<enum>
(B)
</enum>
<text>
the number of
participants served under each of the adult and dislocated worker programs
under chapter 5 of this subtitle and the number of individuals with barriers to
employment served under each of such programs, disaggregated by each
subpopulation of such individuals.
</text>
</subparagraph>
</paragraph>
<paragraph id="H910DDD74901742CDACB1C8FBD812FD49">
<enum>
(5)
</enum>
<header>
Publication
</header>
<subparagraph id="H87EF3BB5E3DD459AB30C7E47B64528D3">
<enum>
(A)
</enum>
<header>
State
performance reports
</header>
<text>
The Secretary of Labor and the Secretary of
Education shall annually make publically available, including by electronic
means, the performance reports for States and local areas containing the
information described in paragraph (2).
</text>
</subparagraph>
<subparagraph id="H61579DBE0F68459FACE3CFD4AA15EE67">
<enum>
(B)
</enum>
<header>
Local area and
eligible training provider performance reports
</header>
<text>
The State shall
make publically available, including by electronic means, the performance
reports for the local areas containing the information described in paragraph
(3) and the performance reports for eligible providers of training services
containing the information described in paragraph (4).
</text>
</subparagraph>
<subparagraph id="HB7190F58629C4A9BA1491CB3283C4539">
<enum>
(C)
</enum>
<header>
Rules for
reporting of data
</header>
<text>
The disaggregation of data under this
subsection shall not be required when the number of participants in a category
is insufficient to yield statistically reliable information or when the results
would reveal personally identifiable information about an individual
participant.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H17AE704197F5493EB225B58B861AD813">
<enum>
(e)
</enum>
<header>
Evaluation of
State programs
</header>
<paragraph commented="no" id="H3E0B96FDA38F4652A3605A9FED64D08B">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Using funds authorized under a core program and made
available to carry out this section, the State, in coordination with local
boards in the State and the State agencies responsible for the administration
of the core programs, shall conduct ongoing evaluations of activities carried
out in the State under such programs and in accordance with the State unified
plan. The State, local boards, and State agencies shall conduct the evaluations
in order to promote, establish, implement, and utilize methods for continuously
improving core program activities in order to achieve high-level performance
within, and high-level outcomes from, the workforce investment system. To the
maximum extent practicable, the State shall coordinate the valuations with the
evaluations provided for the Secretary of Labor and Secretary of Education
under section 172, section 343(b)(3)(E), section 10(b) of the Wagner-Peyser Act
(
<external-xref legal-doc="usc" parsable-cite="usc/29/49i">
29 U.S.C. 49i(b)
</external-xref>
), and sections 12(a)(5), 14, and 107 of the Rehabilitation
Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/709">
29 U.S.C. 709(a)(5)
</external-xref>
, 711, 727) (applied with respect to programs
carried out under title I of that Act).
</text>
</paragraph>
<paragraph id="H81611EA036BD4CE48DD7AD594D95416A">
<enum>
(2)
</enum>
<header>
Design
</header>
<text>
The
evaluations conducted under this subsection shall be designed in conjunction
with the State board, State agencies responsible for the administration of the
core programs, and local boards and shall include analysis of customer feedback
and outcome and process measures in the statewide workforce investment system.
The evaluations may include the use of control groups.
</text>
</paragraph>
<paragraph id="H06B0938D31B2410C8FBEE1C9B5275ABF">
<enum>
(3)
</enum>
<header>
Results
</header>
<text>
The
State shall periodically prepare, submit to the State board and local boards in
the State, and make available to the public, including by electronic means,
reports containing the results of evaluations conducted under this subsection,
to promote the efficiency and effectiveness of the workforce investment
system.
</text>
</paragraph>
</subsection>
<subsection id="H347B0DFF32404492B298488FB8532294">
<enum>
(f)
</enum>
<header>
Sanctions for
State failure To meet State performance accountability measures
</header>
<paragraph id="H84B6E93296724A00A2A1BACD8B13B6B0">
<enum>
(1)
</enum>
<header>
States
</header>
<subparagraph id="H5F7E6E091A9F48A89C3AD93E1293C564">
<enum>
(A)
</enum>
<header>
Technical
assistance
</header>
<text>
If a State fails to meet the State adjusted levels of
performance relating to indicators described in subsection (b)(2)(A) for a
program for any program year, the Secretary of Labor and the Secretary of
Education shall, upon request, provide technical assistance, including
assistance in the development of a performance improvement plan.
</text>
</subparagraph>
<subparagraph id="H2545F8456DA7480F8AA9C4F9FC0CBC71">
<enum>
(B)
</enum>
<header>
Reduction in
amount of grant
</header>
<text>
If such failure continues for a second
consecutive year, or if a State fails to submit a report under subsection (d)
for any program year, the Secretary of Labor or the Secretary of Education, as
appropriate, may reduce by not more than 5 percent, the amount of the allotment
that would (in the absence of this paragraph) be payable to the State under
such program for the immediately succeeding program year. Such penalty shall be
based on the degree of failure to meet State adjusted levels of
performance.
</text>
</subparagraph>
</paragraph>
<paragraph id="H6A8074EDD944498EB9C59D81154F92AF">
<enum>
(2)
</enum>
<header>
Funds resulting
from reduced allotments
</header>
<text>
The Secretary of Labor or the Secretary
of Education, as appropriate, shall use any amount retained, as a result of a
reduction in an allotment to a State made under paragraph (1)(B), to provide
technical assistance to the States the Secretaries determine to be appropriate
to improve the performance of their core programs.
</text>
</paragraph>
</subsection>
<subsection id="H0DE6096973C44A158FA4C7A17A7254AF">
<enum>
(g)
</enum>
<header>
Sanctions for
local area failure To meet local performance accountability measures
</header>
<paragraph id="H6866E9190E0F429EB6C7B352CA115C6D">
<enum>
(1)
</enum>
<header>
Technical
assistance
</header>
<text>
If a local area fails to meet local performance
accountability measures established under subsection (c) for the youth, adult,
or dislocated worker program authorized under chapter 2 or 3 of subtitle B of
title I for a program described in subsection (d)(2)(A) for any program year,
the Governor, or upon request by the Governor, the Secretary of Labor, shall
provide technical assistance, which may include assistance in the development
of a performance improvement plan, or the development of a modified local plan
or regional plan.
</text>
</paragraph>
<paragraph id="H3B46FF6BC88E4DF0B30FBD5262A47120">
<enum>
(2)
</enum>
<header>
Corrective
actions
</header>
<subparagraph id="H3EB60DC31F1C41599625B3ECC699FA2A">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
If such failure continues for a second consecutive year,
the Governor shall take corrective actions, which may include development of a
reorganization plan through which the Governor may—
</text>
<clause id="H216D35B528C74207A55CA9E4E7818BE9">
<enum>
(i)
</enum>
<text>
require the
appointment and certification of a new local board, consistent with the
criteria established under section 117(b)(1);
</text>
</clause>
<clause id="HF4FE942AC1704B9D923D8CFC567BC152">
<enum>
(ii)
</enum>
<text>
prohibit the use
of eligible providers and one-stop partners identified as achieving a poor
level of performance;
</text>
</clause>
<clause id="H6DDC008889264C62A37AE8106C0F3126">
<enum>
(iii)
</enum>
<text>
redesignate the
local area in accordance with section 116; or
</text>
</clause>
<clause id="HB4160B3CBF7B45138A3310DB2DF242E4">
<enum>
(iv)
</enum>
<text>
take such other
actions as the Governor determines are appropriate.
</text>
</clause>
</subparagraph>
<subparagraph id="H7CC76BE134E64AFEA988D340480D20F9">
<enum>
(B)
</enum>
<header>
Appeal by local
area
</header>
<clause id="H25242E69008C480D9A1D0A6DBDD1556B">
<enum>
(i)
</enum>
<header>
Appeal to
governor
</header>
<text>
The local board and chief elected official for a local
area that is subject to a reorganization plan under subparagraph (A) may, not
later than 30 days after receiving notice of the reorganization plan, appeal to
the Governor to rescind or revise such plan. In such case, the Governor shall
make a final decision not later than 30 days after the receipt of the
appeal.
</text>
</clause>
<clause id="H4146A6E34D1943929CC2E32B5BA215A7">
<enum>
(ii)
</enum>
<header>
subsequent
action
</header>
<text>
The local board and chief elected official for a local
area may, not later than 30 days after receiving a decision from the Governor
pursuant to clause (i), appeal such decision to the Secretary of Labor. In such
case, the Secretary shall make a final decision not later than 30 days after
the receipt of the appeal.
</text>
</clause>
</subparagraph>
<subparagraph id="H50A551AC8A5C4D8BA3831DAA7A502244">
<enum>
(C)
</enum>
<header>
Effective
date
</header>
<text>
The decision made by the Governor under subparagraph (B)(i)
shall become effective at the time the Governor issues the decision pursuant to
such clause. Such decision shall remain effective unless the Secretary of Labor
rescinds or revises such plan pursuant to subparagraph (B)(ii).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HD1B842620C7A47B8A1D82B8794DF0175">
<enum>
(h)
</enum>
<header>
Definitions of
indicators of performance
</header>
<paragraph id="H4AE8F14FD80E4FDA9D2CB2F556EF8AAA">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In order to ensure nationwide comparability of
performance data, the Secretary of Labor and the Secretary of Education, after
consultation with representatives described in paragraph (2), shall issue
definitions for the indicators described in this section.
</text>
</paragraph>
<paragraph id="H345D996557C34665829D58B046B11F00">
<enum>
(2)
</enum>
<header>
Representatives
</header>
<text>
The
representatives referred to in paragraph (1) are representatives of States and
political subdivisions, business and industry, employees, eligible providers of
activities carried out through the core programs, educators, researchers,
participants, the lead State agency officials with responsibility for the
programs carried out through the core programs, individuals with expertise in
service individuals with barriers to employment, and other interested
parties.
</text>
</paragraph>
</subsection>
<subsection id="H276E10C4B4044D4CA7D1C042E8508FA4">
<enum>
(i)
</enum>
<header>
Fiscal and
management accountability information systems
</header>
<paragraph id="H87CCB24096864887B67DA5A5425353EF">
<enum>
(1)
</enum>
<header>
Wage
records
</header>
<text>
In measuring the progress of the State across all core
programs as identified in section 136(b)(2)(A) on State and local performance
accountability measures, a State shall utilize quarterly wage records,
consistent with State law. The Secretary of Labor shall make arrangements,
consistent with State law, to ensure that the wage records of any State are
available to any other State to the extent that such wage records are required
by the State in carrying out the State plan of the State or completing the
annual report described in subsection (d).
</text>
</paragraph>
<paragraph id="H0517C6C8BD8A4448A8D3E253436C4884">
<enum>
(2)
</enum>
<header>
Confidentiality
</header>
<text>
In
carrying out the requirements of this Act, the State shall comply with section
444 of the General Education Provisions Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1232g">
20 U.S.C. 1232g
</external-xref>
).
</text>
</paragraph>
</subsection>
<subsection id="H4F67ACFC065F49099CD9930145E3DB23">
<enum>
(j)
</enum>
<header>
System-Wide
improvements
</header>
<paragraph commented="no" id="H64ED753E454A4D3DB4A9F84E705A1C0B">
<enum>
(1)
</enum>
<header>
Purpose
</header>
<text>
The
purpose of this subsection is to establish system-wide improvements across all
programs to enhance data collection, ensure accountability and increase
administrative efficiencies in employment and training programs that will
expand the capacity and improve the performance of the workforce system.
</text>
</paragraph>
<paragraph id="HBF4BC5CB3D2748EFB41424AA37A8ACD3">
<enum>
(2)
</enum>
<header>
Development and
implementation
</header>
<subparagraph id="H07FC69837B1041D1A2E3259DAAA009F2">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The Secretary of Labor and the Secretary of Education,
after consultation with the representatives described in subsection (h)(2),
shall develop system-wide performance measures across the one-stop partner
programs described in section 121(b) to measure the collective effectiveness of
the workforce investment system in aligning and coordinating the core programs
and other one-stop partner programs, employers as a meaningful system partner
to address businesses and other employer immediate and long-term skilled
workforce needs in in-demand, high-growth, and other occupations important to a
State, regional, or local economy, expanding access to education and training
for participants (including participants with barriers to employment), and
establishing or strengthening credential attainment and measurement strategies.
Not later than the beginning of the third program year, the Secretary of Labor
and the Secretary of Education after consultation with the representatives
described in subsection (h)(2), shall develop system-wide performance
accountability measures.
</text>
</subparagraph>
<subparagraph id="HD299A344B2D54430AD7DD2DE69ED0CEC">
<enum>
(B)
</enum>
<header>
Benchmarks
</header>
<text>
Not
later than the beginning of the third program year, each State shall include in
the State plan described in section 112 or the State unified plan described in
section 113 quantifiable benchmarks that demonstrate annual improvement with
respect to each of the system-wide performance indicators established under
this section.
</text>
</subparagraph>
<subparagraph id="H0AC4CF2A1F2E463A97B1F63B84990991">
<enum>
(C)
</enum>
<header>
Requirements
</header>
<text>
For
each State, the system-wide performance accountability measures shall consist
of—
</text>
<clause id="H8F865DAE1FE1478A8BC05B39CE5A268E">
<enum>
(i)
</enum>
<text>
the indicators of
performance described in paragraph (3) (A) through (D);
</text>
</clause>
<clause id="H9DB80F03DCED4C299462CAD6ACA2028E">
<enum>
(ii)
</enum>
<text>
any other
indicators established by the Secretary of Labor and the Secretary of Education
in consultation with the representatives described in subsection (h)(2);
and
</text>
</clause>
<clause id="H693D78F4CAA74036ACC4860C595CAA9C">
<enum>
(iii)
</enum>
<text>
a State adjusted
level of performance for each indicator described in paragraph (3).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H1F39CB913ED4468E8DC2BF735F925AAE">
<enum>
(3)
</enum>
<header>
Indicators of
performance
</header>
<text>
The indicators of system-wide performance shall be
measured from baseline data collected in the first year after the date of
enactment of this subsection and shall consist of the following:
</text>
<subparagraph commented="no" id="H4C074614D4C54ABFBDE93DD21140FCEE">
<enum>
(A)
</enum>
<header>
Indicators of
effectiveness in engaging employers as a system partner
</header>
<text>
The State
indicators of effectiveness in serving employers shall at a minimum consist
of—
</text>
<clause commented="no" id="HBFD8131C1E494E388C2B7A9ACE9937F6">
<enum>
(i)
</enum>
<text>
the number and
percentage of employers in the State using one-stops;
</text>
</clause>
<clause id="H190CC3E8B99D4323964FF93C958B56F2">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
the total number of returning employers in
the State using one-stops and one-stop partner program services, including
training;
</text>
</clause>
<clause id="H09A1FCC598424AEAB8D92312BAEFE140">
<enum>
(iii)
</enum>
<text>
the number of
training modules created for specific employers or groups of employers;
and
</text>
</clause>
<clause id="H00F223A795AB4FC7AA7C3B63A38EF503">
<enum>
(iv)
</enum>
<text>
the size of each
employer in the State using one-stops and one-stop partner programs
services.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H1EB9BCBE5B0D49CC9857F0C5D32248AD">
<enum>
(B)
</enum>
<header>
Indicators of
expanded access to training services
</header>
<text>
The State indicators of
expanded access to training services shall at a minimum consist of—
</text>
<clause commented="no" id="H5B94B241457C4A6E80D30E4CAFA089F7">
<enum>
(i)
</enum>
<text>
the number and
percentage of participants who received training or education services under a
one-stop partner program;
</text>
</clause>
<clause commented="no" id="H153D1B6735BA4F3AA484F01CE84DE043">
<enum>
(ii)
</enum>
<text>
the number and
percentage of participants and youth with barriers to employment who received
services from a one-stop partner program resulting in entry into an education
and training program that leads to employment or a recognized postsecondary
credential;
</text>
</clause>
<clause commented="no" id="H65BA60710F59483B8324A6AF59C788BA">
<enum>
(iii)
</enum>
<text>
the total number
and percentage of participants concurrently enrolled in two or more core
programs, or in at least one other one-stop partner program;
</text>
</clause>
<clause commented="no" id="H370B13314A124DD78FCAAAF8124DBA6D">
<enum>
(iv)
</enum>
<text>
the number and
percentage of participants engaged in career pathways; and
</text>
</clause>
<clause commented="no" id="H35AC760423C74BD69DF8C72ED54AD955">
<enum>
(v)
</enum>
<text display-inline="yes-display-inline">
the total number and percentage of
participants who are enrolled and whose training is co-funded by Pell grants or
other sources of financial aid.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H9EE23A38214C4D4E987308CDE607EE44">
<enum>
(C)
</enum>
<header>
Indicators of
credential attainment and measurement
</header>
<text>
The State indicators of
credential attainment and measurement shall at a minimum consist of the total
number and percentage of recognized postsecondary credentials earned during the
program year by, or awarded to, participants of programs described in section
136(b)(3)(A)(i).
</text>
</subparagraph>
<subparagraph commented="no" id="H9E0CF208C0AC4C8F9682B769E0B40492">
<enum>
(D)
</enum>
<header>
Additional
indicators
</header>
<text>
A State may identify in a State plan additional
system-wide performance accountability indicators.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB2614BA750A94C0294291E2623B854D5">
<enum>
(4)
</enum>
<header>
Levels of
performance
</header>
<subparagraph id="H569C417DBF3B4B35B62D03651BB8E8DF">
<enum>
(A)
</enum>
<header>
State adjusted
levels of performance for system-wide performance accountability
indicators
</header>
<clause id="HA924115B02734766BDA3228D17ECD1C0">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
For each State submitting a State plan under section 112
or section 113, there shall be established, in accordance with this paragraph,
levels of performance for each of the system-wide performance accountability
indicators that shall measure aggregate performance for the programs referred
to in section 121(b)(1)(B), and which may include data from programs referred
to in section 121(b)(2)(B).
</text>
</clause>
<clause id="H51341DD0CFD443DFACBDCFBF098A0E63">
<enum>
(ii)
</enum>
<header>
Identification
in State plan
</header>
<text>
Prior to the third program year after enactment of
this Act, each State shall identify, in the State plan, expected levels of
performance for each of the corresponding system-wide performance
accountability indicators under subsection (j)(2) for each of the third and
fourth program years covered by the State plan.
</text>
</clause>
<clause id="H2EDA6BB3223B4F73909E6C1E89F806E6">
<enum>
(iii)
</enum>
<header>
Agreement on
State adjusted levels of performance
</header>
<text>
The State shall reach
agreement with the Secretary of Labor and the Secretary of Education on levels
of performance for each indicator under subsection (j)(2) for each of the third
and fourth program years covered by the State plan. In reaching the agreement,
the State and Secretaries shall take into account the levels identified in the
State plan under clause (ii), and may take into account the factors described
in subsection (c)(3)(A)(v).
</text>
</clause>
</subparagraph>
<subparagraph id="H1553C7211C4343579E5BA657E8190C92">
<enum>
(B)
</enum>
<header>
Levels of
performance for additional indicators
</header>
<text>
The State may identify, in
the State plan, State levels of performance for each of the additional
indicators identified under subsection (j)(2)(E). Such levels shall be
considered the State adjusted levels of performance for purposes of this
section.
</text>
</subparagraph>
<subparagraph id="H800A0D8A7C4A4320BC55F5410FF9A503">
<enum>
(C)
</enum>
<header>
Failure to meet
system-wide performance accountability measures
</header>
<text>
If a State fails
to meet State adjusted levels of performance relating to indicators described
in paragraph (3) for any program year the Secretary of Labor and the Secretary
of Education shall, upon request, provide technical assistance, including
assistance in the development of a performance improvement plan.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HD5AB9CA7253E4A60BB24EED27C7A64BC">
<enum>
(5)
</enum>
<header>
Reports
</header>
<text>
Not
later than 1 year after the date of the enactment of the Workforce Investment
Act of 2012, the Secretary of Labor shall report to the Committee on Education
and the Workforce on the indicators described in paragraph (2) of this section
and provide recommendations to the Committee on improving coordination and
increasing efficiencies in one-stop partner
programs.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H1D40AB7001EB46A1990E88EFFFD1F88A">
<enum>
119.
</enum>
<header>
Authorization
of funding for one-stop infrastructure
</header>
<text display-inline="no-display-inline">
Section 137 is amended by adding at the end
the following:
</text>
<quoted-block display-inline="no-display-inline" id="H568F8CCC36FF45FAB769EA2351694D0A" style="OLC">
<subsection commented="no" id="HC7CA59D5CA3F4ECBB3F3079C163B2B45">
<enum>
(d)
</enum>
<header>
One-Stop
infrastructure
</header>
<paragraph commented="no" id="H75769EDBBE1543829F937EDA7AFA1999">
<enum>
(1)
</enum>
<header>
Authorization of
Appropriations
</header>
<text>
In addition to the funds authorized under
subsections (a), (b), and (c), there is authorized to be appropriated an
additional amount equal to 3 percent of the total of amounts appropriated under
such subsections, for costs of infrastructure including rental costs and other
expenses associated with establishing and maintaining one-stop centers in
accordance with section 121.
</text>
</paragraph>
<paragraph commented="no" id="HDE7F6F8FD0D2444EB2C869605287B3D6">
<enum>
(2)
</enum>
<header>
Allotment
</header>
<text>
The
Secretary shall allot the funds appropriated pursuant to paragraph (1) for each
fiscal year among the States as follows:
</text>
<subparagraph commented="no" id="HF1962EA4E5DB49E7AB924F145CC2A0EC">
<enum>
(A)
</enum>
<text>
Two-thirds of such
sums shall be allotted on the basis of the relative number of individuals in
the civilian labor force in each State as compared to the total number of such
individuals in all States.
</text>
</subparagraph>
<subparagraph commented="no" id="HBB4BAD14CE1D49B786B0B7FFD2335B86">
<enum>
(B)
</enum>
<text>
One-third of such
sums shall be allotted on the basis of the relative number of unemployed
individuals in each State as compared to the total number of such individuals
in all States.
</text>
</subparagraph>
<continuation-text commented="no" continuation-text-level="paragraph">
For purposes of this paragraph, the
number of individuals in the civilian labor force and the number of unemployed
individuals shall be based on data for the most recent calendar year available,
as determined by the
Secretary.
</continuation-text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
<subtitle id="H5751DF66820D46DBBCEACDC3AFA0B124">
<enum>
C
</enum>
<header>
Job Corps
</header>
<section id="HECCDCBBD33834082ACF56CA12AE09BD1">
<enum>
131.
</enum>
<header>
Purposes
</header>
<text display-inline="no-display-inline">
Section 141(1) is amended to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="H29A25D8CA0224E3DBCAFF34A1D589B0A" style="OLC">
<paragraph id="H5F7E7E600C7E473887CFA4B34919C540">
<enum>
(1)
</enum>
<text>
to maintain a
national Job Corps program, carried out in partnership with States and
communities, to—
</text>
<subparagraph id="HB2093F22F7B9435E8D09922E84429C5A">
<enum>
(A)
</enum>
<text>
assist eligible
youth to connect to the labor force by providing them with intensive social,
academic, career and technical education, and service-learning opportunities,
in primarily residential centers, in order for such youth to obtain secondary
school diplomas or recognized postsecondary credentials leading to—
</text>
<clause id="HE4429F04CC1746C996661015E0446D19">
<enum>
(i)
</enum>
<text>
successful
careers, in in-demand industry sectors or occupations or the Armed Forces, that
will result in economic self-sufficiency and opportunities for advancement;
or
</text>
</clause>
<clause id="HD48B527752134218A34139F36E3B9E67">
<enum>
(ii)
</enum>
<text>
enrollment in
postsecondary education; and
</text>
</clause>
</subparagraph>
<subparagraph id="H7A40A1BAE6A04E4195AFA3DBED0ABF65">
<enum>
(B)
</enum>
<text>
support
responsible
citizenship;
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HAA3619AFB2EC469DBFD3952543DD57B9">
<enum>
132.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 142 is amended—
</text>
<paragraph id="H9C3E55CCCCD04EDCA863289890E5E2EA">
<enum>
(1)
</enum>
<text>
in paragraph
(2)—
</text>
<subparagraph id="HE7C1D17F80FD475CB9B2640A7496788C">
<enum>
(A)
</enum>
<text>
by striking
<quote>
customer service
</quote>
;
</text>
</subparagraph>
<subparagraph id="H3B162DF00FAE4EE5B8E7CCEA48B207C8">
<enum>
(B)
</enum>
<text>
by striking
<quote>
intake
</quote>
and inserting
<quote>
assessment
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HFF695D7A8AE94A6D8068BCF8A81D99CB">
<enum>
(C)
</enum>
<text>
by striking
<quote>
a Jobs Corps center
</quote>
and inserting
<quote>
support the purposes of
the Jobs Corps
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H866EA07C9B8A44F1BAF34ACD6906AED3">
<enum>
(2)
</enum>
<text>
in paragraph (4),
by striking
<quote>
before completing the requirements
</quote>
and all that
follows and inserting
<quote>
prior to becoming a graduate.
</quote>
;
</text>
</paragraph>
<paragraph id="H402F30503224422281195C549D6750DD">
<enum>
(3)
</enum>
<text>
in paragraph (5),
by striking
<quote>
has completed the requirements
</quote>
and all that follows
and inserting the following:
<quote>
who, as a result of participation in the
Job Corps program, has received a secondary school diploma or recognized
equivalent or completed the requirements of a career and technical education
and training program that prepares individuals for employment leading to
economic self-sufficiency or entrance into postsecondary education or
training.
</quote>
; and
</text>
</paragraph>
<paragraph id="H0D3493F745204A50B04806727A2376DD">
<enum>
(4)
</enum>
<text>
in paragraph (9),
by striking
<quote>
area served by a regional office of the Employment and
Training Administration
</quote>
and inserting
<quote>
defined by the
Secretary
</quote>
.
</text>
</paragraph>
</section>
<section id="H1C3A5A1F43894436BDED51EABFE39B9B">
<enum>
133.
</enum>
<header>
Individuals
eligible for the Job Corps
</header>
<text display-inline="no-display-inline">
Section 144 is amended by adding at the end
the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2697EB87DEFE4A3C83EE58FD38CC6D71" style="OLC">
<paragraph commented="no" id="HB7E60D896EF74A37922F29BC2A1AB14C">
<enum>
(4)
</enum>
<header>
Special rule for
veterans
</header>
<text>
Notwithstanding the requirement of paragraph (2), a
veteran of the Armed Forces shall be eligible to become an enrollee under this
section if the individual—
</text>
<subparagraph commented="no" id="H412D95775C624E5FA1E11872254554BE">
<enum>
(A)
</enum>
<text>
meets the
requirements of paragraphs (1) and (3); and
</text>
</subparagraph>
<subparagraph commented="no" id="H09B81ABE12334C1B9657A060123E7382">
<enum>
(B)
</enum>
<text>
does not meet the
requirement of paragraph (2) because the military income earned by such
individual within the 6-month period prior to the individual’s application for
Job Corps prevents the individual from meeting such
requirement.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HD683E85A63004AE4BBA9701EEA76B6DF">
<enum>
134.
</enum>
<header>
Recruitment,
screening, selection, and assignment of enrollees
</header>
<text display-inline="no-display-inline">
Section 145 is amended—
</text>
<paragraph id="H30CCFFEAFD8D43AAA76BB7E724B33E78">
<enum>
(1)
</enum>
<text>
in subsection
(a)(2)—
</text>
<subparagraph id="HEB5B4AACD1614A5A8ACA10F4C8CF9CF7">
<enum>
(A)
</enum>
<text>
in subparagraph
(C)(i), by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and
technical education and training
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H729ECD94E9494C749C184F996078E534">
<enum>
(B)
</enum>
<text>
by amending
subparagraph (E) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HB67BEBA705DE4C3085ED8B95EECD33B6" style="OLC">
<subparagraph id="H4680258BE3CF45E894281EE13CBDFCF3">
<enum>
(E)
</enum>
<text>
assure appropriate
representation of enrollees from urban areas and from rural
areas.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HFB8ADACB97084D01B13B050029B1151F">
<enum>
(2)
</enum>
<text>
in subsection
(a)(3)—
</text>
<subparagraph id="H5736EEB7DA274F12875D4FD65134CC4C">
<enum>
(A)
</enum>
<text>
in subparagraph
(B), by striking
<quote>
; and
</quote>
and inserting a semicolon;
</text>
</subparagraph>
<subparagraph id="H5BD28EB8F3344F1EACC19D344D175D8A">
<enum>
(B)
</enum>
<text>
in subparagraph
(C), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H639CB4ABC6C34EB2906BB6B161ED6C84">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H02825AD5B07D4FEC8690590A255838B4" style="OLC">
<subparagraph id="H16DC07718EC2437BAB42012EF51B670A">
<enum>
(D)
</enum>
<text>
child welfare
agencies that are responsible for children in foster care and children eligible
for assistance under section 477 of the Social Security Act (42 U.S.C.
677).
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H86DE6037B4614F728D3CEEC2625442E5">
<enum>
(3)
</enum>
<text>
in subsection
(b)(1)(B), by inserting
<quote>
and agrees to such rules
</quote>
after
<quote>
failure to observe the rules
</quote>
;
</text>
</paragraph>
<paragraph id="H553CE8BF76004F3FBCED258A2C89049D">
<enum>
(4)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H56CBF7D51B4B4AAABD3C6137BE8A0DC4">
<enum>
(A)
</enum>
<text>
in paragraph (1)
in the matter preceding subparagraph (A), by striking
<quote>
an
assignment
</quote>
and inserting
<quote>
a
</quote>
;
</text>
</subparagraph>
<subparagraph id="H288B8A72293C4BD195CCF8499DF072E5">
<enum>
(B)
</enum>
<text>
in paragraph (2),
in the matter preceding subparagraph (A), by striking
<quote>
the Secretary
shall, every 2 years, analyze, for the Job Corps center—
</quote>
and inserting
<quote>
every 2 years the Secretary, in consultation with operators of Job Corps
centers, shall analyze relevant factors relating to each Job Corps center,
including—
</quote>
;
</text>
</subparagraph>
<subparagraph id="H30B249D1557F446FAB72A151BAE5D811">
<enum>
(C)
</enum>
<text>
in subparagraph
(B), by striking
<quote>
; and
</quote>
and inserting a semicolon;
</text>
</subparagraph>
<subparagraph id="H8BE96CDCBD8244EBB69F44AA870DFDCA">
<enum>
(D)
</enum>
<text>
in subparagraph
(C)—
</text>
<clause id="H3ECBE502E32C4E02A550E276C33F8F46">
<enum>
(i)
</enum>
<text>
by
inserting
<quote>
the education, training, and supportive
</quote>
after
<quote>
including
</quote>
; and
</text>
</clause>
<clause id="H47E9D7173A194CA686AECE1951945863">
<enum>
(ii)
</enum>
<text>
by
adding
<quote>
and
</quote>
after the semicolon; and
</text>
</clause>
</subparagraph>
<subparagraph id="H9BD5F09907694723A465402D558F27B2">
<enum>
(E)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD5915F8F0F594135B3E61389CD79B81D" style="OLC">
<subparagraph id="H1D5C95F8C1794B9CAE36DD70A017BD9F">
<enum>
(D)
</enum>
<text>
the performance of
the Job Corps center relating to the expected levels of performance for the
indicators described in section 159(c)(1), and whether any actions have been
taken with respect to such center pursuant to paragraphs (2) and (3) of section
159(f).
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H8CE0BC5E8A5F4D6D8B7AC1BA121C088F">
<enum>
(5)
</enum>
<text>
in subsection
(d)—
</text>
<subparagraph id="H5DAF0C9B02344DAF95F0BFD3B78673FD">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="HBFD14101AE1C467AB275C5347D46D7CF">
<enum>
(i)
</enum>
<text>
in
the matter preceding subparagraph (A), by striking
<quote>
is closest to the
home of the enrollee, except that the
</quote>
and inserting
<quote>
offers the
type of career and technical education and training selected by the individual
and, among the centers that offer such education and training, is closest to
the home of the individual. The
</quote>
; and
</text>
</clause>
<clause id="H8678CA08506247A39E2BBA8D75C98A3B">
<enum>
(ii)
</enum>
<text>
by
striking subparagraph (A) and redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
</text>
</clause>
</subparagraph>
<subparagraph id="H78E78D821A8D4699AC1E30267DC7360E">
<enum>
(B)
</enum>
<text>
in paragraph (2),
by striking
<quote>
to the home of
</quote>
and inserting
<quote>
to the home of
that offers the career and technical education and training desired by
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="HB9A452B479C940969B73527B20F6BBE4">
<enum>
135.
</enum>
<header>
Enrollment
</header>
<text display-inline="no-display-inline">
Section 146(b) is amended—
</text>
<paragraph id="H435AC76847784CC7B1B2E6FC14429841">
<enum>
(1)
</enum>
<text>
in paragraph (1),
by striking
<quote>
or
</quote>
; and
</text>
</paragraph>
<paragraph id="H2427867AD40444FCB6F44D0981E81EC5">
<enum>
(2)
</enum>
<text>
by redesignating
paragraph (2) as paragraph (4) and inserting after paragraph (1) the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HDC689D1C580F417DA85EED30E2EC4708" style="OLC">
<paragraph id="H947A8E970FFB46818AE476BD3A248F0F">
<enum>
(2)
</enum>
<text>
in the case of an
individual with a disability who would reasonably be expected to meet the
standards for a Job Corps graduate, as defined under section 142(5), if allowed
to participate in the Job Corps for not more than 1 additional year;
</text>
</paragraph>
<paragraph id="HF273EDB11D264A45B70737EE127F58D3">
<enum>
(3)
</enum>
<text>
in the case of an
individual who participates in national service, as authorized by a Civilian
Conservation Center program, who would be granted an enrollment extension in
the Job Corps for the amount of time equal to the period of national service;
or
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HE090D205E6BE476B9F1A5D20BA703FBD">
<enum>
136.
</enum>
<header>
Job Corps
centers
</header>
<text display-inline="no-display-inline">
Section 147 is
amended—
</text>
<paragraph id="H7CACA1192EA9469D9343C22820463A8E">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="H554C16D0F86A425EA328C763C16E5C90">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="H79225881CFA74640A3A9A631BFF0A644">
<enum>
(i)
</enum>
<text>
in
subparagraph (A), by striking
<quote>
vocational
</quote>
both places it appears
and inserting
<quote>
career and technical
</quote>
; and
</text>
</clause>
<clause id="H73F70548FBD04857A48D5748D7C10267">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B), by inserting
<quote>
, or other entity with the necessary
capacity,
</quote>
after
<quote>
local entity
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H145106BA2C484F7E95F09F7C85A63B8B">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H9A5362115AAA483494B5C82EFD1AE664">
<enum>
(i)
</enum>
<text>
in
subparagraph (A), by striking
<quote>
subsections (c) and (d) of section 303 of
the Federal Property and Administrative Services Act of 1949 (41 U.S.C.
253)
</quote>
and inserting
<quote>
subsections (a) and (b) of section 3304 of
title 41, United States Code,
</quote>
; and
</text>
</clause>
<clause id="HD44D72D9D1FC4047B0A5BBDFB2B79D1D">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B)(i)—
</text>
<subclause id="H46256B8037104DBB963F11D58FAAD04C">
<enum>
(I)
</enum>
<text>
in subclause (II),
by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and technical
education and
</quote>
;
</text>
</subclause>
<subclause id="HC8BF9CF232594AF2851C3826F445BC45">
<enum>
(II)
</enum>
<text>
in subclause
(III), by striking
<quote>
is familiar with the surrounding communities,
</quote>
and inserting
<quote>
demonstrates relationships with the surrounding
communities, employers, labor organizations, workforce boards,
</quote>
;
and
</text>
</subclause>
<subclause id="H99872F0D1FBC44449671D75468FE572B">
<enum>
(III)
</enum>
<text>
by amending
subclause (IV) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H0606D55964554279AC4BD7A1AFF6FDF3" style="OLC">
<subclause id="HCF682A412EBA4FA58383ECD764F2A673">
<enum>
(IV)
</enum>
<text>
the performance
of the entity, if any, relating to operating or providing activities described
in this subtitle to a Job Corps center, including the entity's demonstrated
effectiveness in assisting individuals in achieving the primary indicators of
performance for eligible youth described in section
136(b)(2)(A)(ii).
</text>
</subclause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H90E66CEE64184DA397083F507072C8F7">
<enum>
(2)
</enum>
<text>
by amending
subsection (c) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H1FC62BB6445D4F349BD81C4FDA66AD92" style="OLC">
<subsection id="H9247969C8556457FAB9BF24A9F2809C4">
<enum>
(c)
</enum>
<header>
Civilian
conservation centers
</header>
<paragraph id="HADC0F48D3E694A35A2DBB86BDF3B696D">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Job Corps centers may include Civilian Conservation
Centers, operated under an agreement between the Secretary of Labor and the
Secretary of Agriculture, that are located primarily in rural areas. Such
centers shall provide, in addition to academics, career and technical education
and training, and workforce preparation skills training, programs of work
experience to conserve, develop, or manage public natural resources or public
recreational areas or to develop community projects in the public
interest.
</text>
</paragraph>
<paragraph id="H58C46033298B4B30B387FE81FEC0C3F7">
<enum>
(2)
</enum>
<header>
Assistance
during disasters
</header>
<text>
Enrollees in Civilian Conservation Centers may
provide assistance in addressing national, State, and local disasters,
consistent with current child labor laws and regulations. The Secretary of
Agriculture shall ensure that with respect to the provision of such assistance
the enrollees are properly trained, equipped, supervised, and dispatched
consistent with standards for the conservation and rehabilitation of wildlife
established under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et
seq.).
</text>
</paragraph>
<paragraph id="H82BB5E307A714E8BAD9AFDC9F5671C1B">
<enum>
(3)
</enum>
<header>
National
liaison
</header>
<text>
The Secretary of Agriculture shall designate a Job Corps
National Liaison to support the agreement under this section between the
Departments of Labor and
Agriculture.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H5AA059071CBD4AD0903D07D3DC875499">
<enum>
137.
</enum>
<header>
Program
activities
</header>
<text display-inline="no-display-inline">
Section 148 is
amended—
</text>
<paragraph id="HCFFE9B16881741B4BE677D6B67DC0E92">
<enum>
(1)
</enum>
<text>
by amending
subsection (a) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H541FA167A0ED488BBFED849A39C229BC" style="OLC">
<subsection id="H9C83A0180A2B489EB30E5AA4F2873A9F">
<enum>
(a)
</enum>
<header>
Activities
provided by job corps centers
</header>
<paragraph id="H535AC9C708F14FD29EAB2EEE61C55BD0">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Each Job Corps center shall provide enrollees with an
intensive, organized, and supervised program of education, including English
language acquisition programs, career and technical education and training,
work experience, work-based learning, recreational activities, physical
rehabilitation and development, and counseling, which may include information
about financial literacy. Each Job Corps center shall provide enrollees
assigned to the center with access to core services described in section
134(c)(2) and the intensive services described in section 134(c)(3).
</text>
</paragraph>
<paragraph id="H944776F612FB4D7C90239CB1D4DC839F">
<enum>
(2)
</enum>
<header>
Relationship to
opportunities
</header>
<subparagraph id="H802E8992DD4742F6A534B737A94B8EF2">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The activities provided under this subsection shall be
targeted to helping enrollees, on completion of their enrollment—
</text>
<clause id="H41B9017176954E24BBE152CDF845ECF1">
<enum>
(i)
</enum>
<text>
secure and
maintain meaningful unsubsidized employment;
</text>
</clause>
<clause id="H096553DEE95C4F4C815AB27272D02961">
<enum>
(ii)
</enum>
<text>
enroll in and
complete secondary education or postsecondary education or training programs,
including other suitable career and technical education and training, and
registered apprenticeship programs; or
</text>
</clause>
<clause id="H52099DB1A05042CA8581D937BBBB25AF">
<enum>
(iii)
</enum>
<text>
satisfy Armed
Forces requirements.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H87177EAC14FF4811B58E25C00A25916B">
<enum>
(3)
</enum>
<header>
Link to
employment opportunities
</header>
<text>
The career and technical education and
training provided shall be linked to the employment opportunities in the local
area in which the enrollee intends to seek employment after
graduation.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H3A8E3ECCCEB84CDA93BD598EDF7EFBA3">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H9B2E7B93A3F740EC9F7174F4B8DC60DF">
<enum>
(A)
</enum>
<text>
in the subsection
heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
Education and Vocational
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
Academic and Career and
Technical Education and
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="HFD0265F6B9824835AB8DCCD35B70994D">
<enum>
(B)
</enum>
<text>
by striking
<quote>
education and vocational
</quote>
and inserting
<quote>
career and
technical education
</quote>
;
</text>
</subparagraph>
<subparagraph id="HCB5A231B23E845FAA4B365C77AE5D2C8">
<enum>
(C)
</enum>
<text>
by striking
<quote>
vocational educational
</quote>
and inserting
<quote>
career and technical
educational
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HD6E6C1E95F2D4586A4EF7BEA39CB67AD">
<enum>
(D)
</enum>
<text>
by striking
<quote>
or technical institutes
</quote>
and inserting
<quote>
technical
institutes, or national service providers
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H0490BEB17DFA43FEAF29C077B33CF644">
<enum>
(3)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="HA9666F69F5CE4926ACCB1F6302979586">
<enum>
(A)
</enum>
<text>
by amending
paragraph (2) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H58CF56A759284958B54F80D43D1A940C" style="OLC">
<paragraph id="H741B5C5702A34216A12E060249DA3890">
<enum>
(2)
</enum>
<header>
Benefits
</header>
<text>
During
the period of participation in an advanced career training program, an enrollee
shall be eligible for full Job Corps benefits, or a monthly stipend equal to
the average value of the residential support, food, allowances, and other
benefits provided to enrollees assigned to residential Job Corps
centers.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H40E391382B534D03B6876217AD5AEA2E">
<enum>
(B)
</enum>
<text>
in paragraph (3),
by striking
<quote>
Each year,
</quote>
and inserting
<quote>
The Secretary shall
develop standards by which
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H9FD99A9546D843E79EE0B874793A8C2B">
<enum>
(4)
</enum>
<text>
by amending
subsection (d) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HB488EFEA7CC742A6BDD429A6319EBBF3" style="OLC">
<subsection id="H80AFDAC81F9E44AFA6B83A1D8E374A92">
<enum>
(d)
</enum>
<header>
Graduate
services
</header>
<text>
In order to promote the retention of graduates in
employment or postsecondary education, the Secretary shall arrange for the
provision of job placement and support services to graduates for up to 12
months after the date of graduation. One-stop partners, may support the
provision of these services, including services from the State vocational
rehabilitation agency to supplement job placement and job development efforts
for Job Corps graduates who are individuals with
disabilities.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HAEBA55ACB1AE4A43B2433579A7E931FD">
<enum>
138.
</enum>
<header>
Support
</header>
<text display-inline="no-display-inline">
Section 150(b) is amended—
</text>
<paragraph id="H9DC0715943D8447BAC952426A1BFB71A">
<enum>
(1)
</enum>
<text>
in the subsection
heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
Readjustment allowances
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
Transition allowances and
support
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="H070B661FE908458E95C05DD5917EC708">
<enum>
(2)
</enum>
<text>
in paragraph
(1)—
</text>
<subparagraph id="H74DA2442AAF7447A87A9B2A654FA64B3">
<enum>
(A)
</enum>
<text>
in the paragraph
heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
graduates
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
allowances for
graduates
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="HFC8CA614BABD48CBADA2AC232427BE73">
<enum>
(B)
</enum>
<text>
in the first
sentence, by striking
<quote>
readjustment
</quote>
and inserting
<quote>
transition
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H68BE2AF7A561436D90ECDCCAE208877A">
<enum>
(C)
</enum>
<text>
by striking the
second and third sentences, and inserting the following:
<quote>
The transition
allowance shall be incentive-based to reflect a graduate’s completion of
academic, career and technical education or training, and attainment of
recognized postsecondary credentials.
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H3BB437A5CE464A9FA51C9C861FA84C95">
<enum>
(3)
</enum>
<text>
by amending
paragraph (2) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H65907C1291464627853E7E7C255763F0" style="OLC">
<paragraph id="H5547F2E52E5C4804B8870DF9EBCA9CD0">
<enum>
(2)
</enum>
<header>
Transition
support for former enrollees
</header>
<text>
The Secretary may arrange for the
provision of 3 months of employment services for former
enrollees.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H3E8DC4B903E544BBB311C6B701022202">
<enum>
139.
</enum>
<header>
Community
participation
</header>
<text display-inline="no-display-inline">
Section 153 is
amended—
</text>
<paragraph id="H209492CF8F0C47B49085DD52C080A87C">
<enum>
(1)
</enum>
<text>
by amending
subsections (a) and (b) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H3AD593E0EBC7411392C458751FAE455C" style="OLC">
<subsection id="HF63AA3723F9342D5A08F0D86730EBF27">
<enum>
(a)
</enum>
<header>
Business and
community participation
</header>
<text>
The director of each Job Corps center
shall ensure the establishment and development of the business and community
networks described in subsection (b) in order to enhance the effectiveness of
such centers. At centers where a national training contractor provides career
and technical education training, and has direct and long-standing linkages to
registered apprenticeship programs or affiliated national employer groups, the
national training contractor shall have the lead in maintaining networks with
the programs described in clauses (ii) and (iii) of subsections
(b)(1)(C).
</text>
</subsection>
<subsection id="H048A18AC633249D1A44D63980A07E0F7">
<enum>
(b)
</enum>
<header>
Networks
</header>
<text>
The
activities carried out by each Job Corps center under this section shall
include—
</text>
<paragraph id="H79E25801F10C4826B329B7B776FB49B7">
<enum>
(1)
</enum>
<text>
establishing and
developing relationships and networks with—
</text>
<subparagraph id="HE676D63A33194980B7D2899DE834B6C3">
<enum>
(A)
</enum>
<text>
local and distant
employers, to the extent practicable, in coordination with other Federal and
non-Federal programs that conduct similar outreach to employers;
</text>
</subparagraph>
<subparagraph id="H428CA763B02C43AFB3783675619EAF7E">
<enum>
(B)
</enum>
<text>
applicable
one-stop centers and applicable local boards, for the purpose of
providing—
</text>
<clause id="HB804C78C190848548E02DEB8C749CEC7">
<enum>
(i)
</enum>
<text>
information to,
and referral of, potential enrollees; and
</text>
</clause>
<clause id="H2A37B7D3F4E74E8F90E91E5A3FCCF8FA">
<enum>
(ii)
</enum>
<text>
job opportunities
for Job Corps graduates; and
</text>
</clause>
</subparagraph>
<subparagraph id="HD4093BFEDAF849F7BA9A662428D36A35">
<enum>
(C)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H5499CC0A6108400AA44AA7B8171CCD13">
<enum>
(i)
</enum>
<text>
youth programs;
</text>
</clause>
<clause id="HA67040C1E5834C6BAA24EAB10CFF0676" indent="up1">
<enum>
(ii)
</enum>
<text>
registered apprenticeship
programs, labor-management organizations and local labor organizations;
</text>
</clause>
<clause id="H2B5D743897304993B806D41691F7E549" indent="up1">
<enum>
(iii)
</enum>
<text>
employers and contractors that
support national training contractor programs; and
</text>
</clause>
<clause id="H15DDFAEB9C984CBCBF4907DF949159C3" indent="up1">
<enum>
(iv)
</enum>
<text>
community-based organizations,
non-profit organizations, and intermediaries providing workforce
development-related services; and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HE41B00FC18E94FE8A328DE24B76BE534">
<enum>
(2)
</enum>
<text>
establishing and
developing relationships with members of the community in which the Job Corps
center is located, informing members of the community about the projects of the
Job Corps center and changes in the rules, procedures, or activities of the
center that may affect the community, and planning events of mutual interest to
the community and the Job Corps center.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H73B96E8BE81A4625A0FECACE80301A58">
<enum>
(2)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H388772E61F0B4615984F616165E42310">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Liaison for
</quote>
and inserting
<quote>
director of a
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="HEBE6D758FCF647C3B72117BD5FF12BBF">
<enum>
(B)
</enum>
<text>
by striking
<quote>
establish and develop
</quote>
and inserting
<quote>
ensure the
establishment and development of
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H25FDC5E01946437EB066BBB7AEDC98B0">
<enum>
140.
</enum>
<header>
Industry
councils
</header>
<text display-inline="no-display-inline">
Section 154 is
amended—
</text>
<paragraph id="H8D2D841040774EA183936AFBC9313398">
<enum>
(1)
</enum>
<text>
in subsection (a),
by striking
<quote>
after consultation with the Liaison
</quote>
; and
</text>
</paragraph>
<paragraph id="HC100BA1717FB43CC984F1BC189EADE96">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="HF94580B636F6459A98DD57C31237B2C7">
<enum>
(A)
</enum>
<text>
in paragraph
(1)(A)(ii), by striking
<quote>
area
</quote>
and inserting
<quote>
areas in which
enrollees will be seeking employment
</quote>
;
</text>
</subparagraph>
<subparagraph id="H85E2CF835B0948C3B3C22CFC08FAB87B">
<enum>
(B)
</enum>
<text>
by adding after
paragraph (2) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H12054A3966934D828837CC7C8455D1EC" style="OLC">
<paragraph id="H87BADFAE3AF843B087CE27544F86C654">
<enum>
(3)
</enum>
<header>
Employers
outside of local area
</header>
<text>
The industry council for a Job Corps center
may include, or otherwise provide for consultation with, employers from outside
the local area who are likely to hire a significant number of enrollees from
the Job Corps center.
</text>
</paragraph>
<paragraph id="HF3B5A9FD51EC400B87CDB9BB322C57BD">
<enum>
(4)
</enum>
<header>
Special rule for
single State local areas
</header>
<text>
In the case of a single State local area
designated under section 116(b), the industry council shall include a
representative of the State Board.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H90E8912EA73748158D9B3B19A7C411F4">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
in subsection (c), by striking
<quote>
vocational
</quote>
each place it appears and inserting
<quote>
career and
technical education and
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H5E59172A41224BFC84D5D00B0515A736">
<enum>
141.
</enum>
<header>
Experimental,
research, and demonstration projects and College Corps program
</header>
<subsection id="HEE90684A807B4DE084788B6BBC039F00">
<enum>
(a)
</enum>
<header>
Miscellaneous
amendments
</header>
<text display-inline="yes-display-inline">
Section 156 is
amended—
</text>
<paragraph id="H7AB84B4D20884B4DAA090FAF2512A465">
<enum>
(1)
</enum>
<text>
by striking
<quote>
The Secretary
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
In general
</header-in-text>
.—The
Secretary
</quote>
;
</text>
</paragraph>
<paragraph id="H720E2FB1A6C7438597C1B2B80A2EE48E">
<enum>
(2)
</enum>
<text>
by striking
<quote>
program and may waive
</quote>
and inserting
<quote>
program. The
Secretary may waive
</quote>
; and
</text>
</paragraph>
<paragraph id="H2EFF7951433B4103814045EC38042D94">
<enum>
(3)
</enum>
<text>
by inserting
before the period the following:
<quote>
if the Secretary informs the Committee
on Health, Education, Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of Representatives, in writing, not
less than 90 days in advance of issuing such waiver.
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HF045BD1700B148498974635E90541996">
<enum>
(b)
</enum>
<header>
College
Corps
</header>
<text>
Section 156 is further amended by adding at the end the
following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H618997C91A2A4971AE56A95F2FD981B5" style="OLC">
<subsection commented="no" id="H735856C00A4B4F5E9947150A0728C9F6">
<enum>
(b)
</enum>
<header>
College
Corps
</header>
<paragraph commented="no" id="H22408FC24E2943E8BB7C1B320958FE0C">
<enum>
(1)
</enum>
<header>
Establishment
</header>
<text display-inline="yes-display-inline">
The Secretary of Labor and the Secretary of
Education shall jointly establish a demonstration project under this section to
be known as the
<quote>
College Corps
</quote>
that provide at-risk youth
intensive education and skills training in order to prepare such youth for
college and for high-skilled employment that can only be achieved with a
college degree.
</text>
</paragraph>
<paragraph commented="no" id="H2E9026A4873A4A3F829CC178BB1104F5">
<enum>
(2)
</enum>
<header>
Selection of
sites
</header>
<text display-inline="yes-display-inline">
The Secretary of Labor
and the Secretary of Education shall jointly select sites to participate, on a
competitive basis, from among underperforming Jobs Corps centers in areas with
low levels of college attainment.
</text>
</paragraph>
<paragraph id="HE666E0FF82B042AAB109C7073471FBF0">
<enum>
(3)
</enum>
<header>
Eligible
operators
</header>
<text display-inline="yes-display-inline">
The Secretary shall
select College Corps center operators on a competitive basis from among
nonprofit organizations with prior success operating high-performing, college
and career-ready education residential programs for at-risk young
people.
</text>
</paragraph>
<paragraph id="H4CC6A0690A764310862FFB6EA1EE7658">
<enum>
(4)
</enum>
<header>
Administration
projects
</header>
<subparagraph id="HE6C28E4C559E480EA0555F5A6BC642D0">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall administer the College Corps sites in
collaboration with the Secretary of Education with the development of an
interagency agreement that identifies the duties and responsibilities of the
Departments under these projects.
</text>
</subparagraph>
<subparagraph id="HCCA0F9E77E5C45A79E6209DE842B0185">
<enum>
(B)
</enum>
<header>
Partnerships
</header>
<text>
As
part of the interagency agreement, the Secretary of Education will be
responsible for partnering with a State or local education agency for the
purposes of granting a high school diploma that adheres to college and career
ready standards and accessing State and local education dollars.
</text>
</subparagraph>
<subparagraph id="HF537042928954DDDA49CBB07F6143EB7">
<enum>
(C)
</enum>
<header>
Deadline
</header>
<text>
A
grant, contract, or cooperative agreement to operate at least one center shall
be awarded to an eligible operative within 1 year from enactment.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H20A0C8EEC17A497F9A29DEC5F361F685">
<enum>
(5)
</enum>
<header>
Eligible
participants
</header>
<text>
Individuals eligible to participate in College Corps
projects under this subsection shall be low-income youth who are in 6th or 7th
grade at the time they begin participation who meet at least two of the
following criteria:
</text>
<subparagraph commented="no" id="HFACAF698248146ED9071F53520F1C128">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
Have a record of suspensions, office
referrals, or chronic truancy.
</text>
</subparagraph>
<subparagraph commented="no" id="H5C7F5E2946A640F38916A1B90C5779D8">
<enum>
(B)
</enum>
<text>
Have failed to
achieve proficiency on State assessment in mathematics, reading, or
both.
</text>
</subparagraph>
<subparagraph commented="no" id="HF04D5EA4F98440C6926428FAF7E0C9F1">
<enum>
(C)
</enum>
<text>
Live in a
household that is headed by a single parent or non-custodial parent.
</text>
</subparagraph>
<subparagraph commented="no" id="HE57F09391A4E460CB3DAE71604B0CB71">
<enum>
(D)
</enum>
<text>
Is homeless or is
a foster child.
</text>
</subparagraph>
<subparagraph commented="no" id="HF2604C39973A4FA3A2542C3F6745481E">
<enum>
(E)
</enum>
<text>
Live in a
household that is public housing or receives public housing assistance.
</text>
</subparagraph>
<subparagraph commented="no" id="H40BCE5E2190545F2A378C0FD766905F4">
<enum>
(F)
</enum>
<text>
Have an immediate
family member who is or has been
incarcerated.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HDC5BA8610D544240A7CED719138036E4">
<enum>
142.
</enum>
<header>
Technical
amendment
</header>
<text display-inline="no-display-inline">
Section 158(c)(1) is
amended by striking
<quote>
title II of the Federal Property and Administrative
Services Act of 1949 (
<external-xref legal-doc="usc" parsable-cite="usc/40/481">
40 U.S.C. 481 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
chapter 5 of title 40, United States Code,
</quote>
.
</text>
</section>
<section id="H639345FD1F8249EF8CE06F90FA886C83">
<enum>
143.
</enum>
<header>
Performance
accountability and management
</header>
<text display-inline="no-display-inline">
Section 159 is amended—
</text>
<paragraph id="HFBF0217A384746868069941FB6A60923">
<enum>
(1)
</enum>
<text>
in the section
heading, by striking
<quote>
<header-in-text level="section" style="OLC">
management information
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
Performance accountability
and management
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="H87544F1ED811467D922893B238F0C0FC">
<enum>
(2)
</enum>
<text>
by striking
subsections (c) through (f), redesignating subsection (g) as subsection (j),
and inserting after subsection (b) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD17B2C36EB774FCC8BC18AC89483C3B2" style="OLC">
<subsection id="H7D2C62AC974540D382E5F1D70F1BC56A">
<enum>
(c)
</enum>
<header>
Information on
indicators of performance
</header>
<paragraph id="H4F8FCFF734B6407A8D4959F0F4A7FA58">
<enum>
(1)
</enum>
<header>
Levels of
performance and indicators
</header>
<text>
The Secretary shall annually establish
expected levels of performance for Job Corps centers and the Job Corps program
relating to each of the primary indicators of performance for eligible youth
activities described in section 136(b)(2)(A)(ii).
</text>
</paragraph>
<paragraph id="H397B7BE503CF421EACE313366363787A">
<enum>
(2)
</enum>
<header>
Performance of
recruiters
</header>
<text>
The Secretary shall also establish performance
indicators, and expected performance levels on the performance indicators, for
recruitment service providers serving the Job Corps program. The performance
indicators shall relate to the number of enrollees recruited, compared to the
established goals for such recruitment, and the number of enrollees who remain
committed to the program for 90 days after enrollment.
</text>
</paragraph>
<paragraph id="HF044A6931CDC4F6C866BA9760DCC642A">
<enum>
(3)
</enum>
<header>
Performance of
career transition service providers
</header>
<text display-inline="yes-display-inline">
The Secretary also shall establish
performance indicators, and expected levels of performance for such indicators,
for local and national career transition service provides serving the Job Corps
program. The performance indicators shall include the number of graduates and
former enrollees—
</text>
<subparagraph id="H0B1E92DB82534F34AC91B801AB9F5F0C">
<enum>
(A)
</enum>
<text>
who entered an
unsubsidized employment related to the training they received at Job Corps and
their average wage; and
</text>
</subparagraph>
<subparagraph id="HA5337A718E2E4C78A9EB9FDFCFEB718B">
<enum>
(B)
</enum>
<text>
who entered other
types of unsubsidized employment, the military, postsecondary education, or
advanced training programs, including registered apprenticeship programs, and
their average wage, if applicable.
</text>
</subparagraph>
</paragraph>
<paragraph id="H4340A84A021F4DECB8231B6A313E4E0C">
<enum>
(4)
</enum>
<header>
Report
</header>
<text>
The
Secretary shall collect, and annually submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on Education and
the Workforce of the House of Representatives, a report containing—
</text>
<subparagraph id="HDD19D06E318C487CB9378EF369FA1875">
<enum>
(A)
</enum>
<text>
information on the
performance of each Job Corps center, and the Job Corps program, on the
performance indicators described in paragraph (1), as compared to the expected
level of performance established under such paragraph for each performance
accountability measure; and
</text>
</subparagraph>
<subparagraph id="HD37F56E97F734564B064418AAC1E98FE">
<enum>
(B)
</enum>
<text>
information on the
performance of the service providers described in paragraph (2) on the
performance indicators established under such paragraph, as compared to the
expected performance levels for the performance indicators.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HC038578963844DF0AFB15C38B594AF30">
<enum>
(d)
</enum>
<header>
Additional
information
</header>
<paragraph id="H0360D4C235684B44B97B5C8E0BB66ADC">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall also collect, and submit in the
report described in subsection (c), information on the performance of each Job
Corps center, and the Job Corps program, regarding—
</text>
<subparagraph id="HE863EF2316E1418398B65A9C4AD32F27">
<enum>
(A)
</enum>
<text>
the number of
enrollees entering and completing by field of education or training;
</text>
</subparagraph>
<subparagraph id="HE67206D553954AB19DE5ECC5F65B7075">
<enum>
(B)
</enum>
<text>
demographic
information on the enrollees served, including age, race, gender, and education
and income level;
</text>
</subparagraph>
<subparagraph id="HBF2F9C761A0643DDBFBC0D035DFF5BE8">
<enum>
(C)
</enum>
<text>
the number of
graduates who entered the Armed Forces;
</text>
</subparagraph>
<subparagraph id="HDCB09D956E0549A687FA64BBDB9B256B">
<enum>
(D)
</enum>
<text>
the number of
graduates who entered unsubsidized employment related to the career and
technical education and training received through the Job Corps program and the
number who entered unsubsidized employment not related to the education and
training received;
</text>
</subparagraph>
<subparagraph id="H7EEF548483C745B8B23999D3301AD688">
<enum>
(E)
</enum>
<text>
the starting
hourly wages of graduates and whether they receive other forms of compensation
and benefits;
</text>
</subparagraph>
<subparagraph id="H4B5C5316501F4905BAB06D083E1E8070">
<enum>
(F)
</enum>
<text>
the number and
percentage of former enrollees, including the number dismissed under the zero
tolerance policy described in section 152(b); and
</text>
</subparagraph>
<subparagraph id="H52E4AEEF418E4DF6AD685C34416E051B">
<enum>
(G)
</enum>
<text>
any additional
information required by the Secretary.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB2C500B5EB2748299F1EFD4F78E28865">
<enum>
(2)
</enum>
<header>
Rules for
reporting of data
</header>
<text>
The disaggregation of data under this
subsection shall not be required when the number of individuals in a category
is insufficient to yield statistically reliable information or when the results
would reveal personally identifiable information about an individual.
</text>
</paragraph>
</subsection>
<subsection id="HB065F4FBA082421D962A628DAFAC9560">
<enum>
(e)
</enum>
<header>
Methods
</header>
<text>
The
Secretary shall collect the information described in subsections (c) and (d),
using methods described in section 136(i)(2) and consistent with State law, by
entering into agreements with the States to access such data for Job Corps
enrollees, former enrollees, and graduates.
</text>
</subsection>
<subsection id="H4F877C2297314670B232FB16456D027E">
<enum>
(f)
</enum>
<header>
Performance
assessments and improvements
</header>
<paragraph id="HA855FA5AE69F4B2E90D0231057590FDA">
<enum>
(1)
</enum>
<header>
Assessments
</header>
<text>
The
Secretary shall conduct an annual assessment of the performance of each Job
Corps center. Based on the assessment, the Secretary shall take measures to
continuously improve the performance of the Job Corps program.
</text>
</paragraph>
<paragraph id="HF370B1B0AF694C2BBA43C7CD33122AEE">
<enum>
(2)
</enum>
<header>
Performance
improvement
</header>
<text>
With respect to a Job Corps center that fails to meet
the expected levels of performance relating to the primary indicators of
performance specified in subsection (c)(1), the Secretary shall develop and
implement a performance improvement plan. Such a plan shall require action to
be taken during a one-year period, including—
</text>
<subparagraph id="H19B7326268F04106A7066BB9B0C0EB94">
<enum>
(A)
</enum>
<text>
providing
technical assistance to the center;
</text>
</subparagraph>
<subparagraph id="H9F21178E9136483E9EC6C64CFF44A79A">
<enum>
(B)
</enum>
<text>
changing the
career and technical education and training offered at the center;
</text>
</subparagraph>
<subparagraph id="HBE8F0D2EC7E14AD1AEC34A933EDF82CB">
<enum>
(C)
</enum>
<text>
changing the
management staff of the center;
</text>
</subparagraph>
<subparagraph id="H55C2325639C8450E8553D70FF7BAAA00">
<enum>
(D)
</enum>
<text>
replacing the
operator of the center;
</text>
</subparagraph>
<subparagraph id="HFE78FE5979BA4F4FBD4F5741A497305C">
<enum>
(E)
</enum>
<text>
reducing the
capacity of the center;
</text>
</subparagraph>
<subparagraph id="HF8EA1EF334EC41A191D3861A78C27EBE">
<enum>
(F)
</enum>
<text>
relocating the
center; or
</text>
</subparagraph>
<subparagraph id="HB9742BFA179A4556840E533D7D31002F">
<enum>
(G)
</enum>
<text>
closing the
center.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA13619FF83F140C99DA52EF352B81D1E">
<enum>
(3)
</enum>
<header>
Additional
performance improvement
</header>
<text>
In addition to the performance
improvement plans required under paragraph (2), the Secretary may develop and
implement additional performance improvement plans. Such a plan shall require
improvements, including the actions described in such paragraph, for a Job
Corps center that fails to meet criteria established by the Secretary other
than the expected levels of performance described in such paragraph.
</text>
</paragraph>
<paragraph id="HB1802800AA234B38A07170C5C033A72D">
<enum>
(4)
</enum>
<header>
Civilian
conservation centers
</header>
<text>
With respect to a Civilian Conservation
Center that fails to meet the expected levels of performance relating to the
primary indicators of performance specified in subsection (c)(1), or fails to
improve performance as described in paragraph (2), the Secretary, in
consultation with the Secretary of Agriculture, may select an entity to operate
a Civilian Conservation Center on a competitive basis, in accordance with the
requirements of section 147(a)(2)(B).
</text>
</paragraph>
</subsection>
<subsection commented="no" id="H489FD53023564CB499CE572BA7B820E6">
<enum>
(g)
</enum>
<header>
Participant
health and safety
</header>
<text>
The Secretary shall require that an entity that
has entered into a contract with a Job Corps operator to provide work-based
learning activities for any Job Corps enrollee under this subtitle shall comply
with the Occupational Safety and Health Act of 1970 (
<external-xref legal-doc="usc" parsable-cite="usc/20/651">
20 U.S.C. 651 et seq.
</external-xref>
) or,
as appropriate, under the corresponding State Occupational Safety and Health
Act of 1970 requirements in the State in which such activities occur.
</text>
</subsection>
<subsection id="H9D4DAD32305948BAB60BBB21868859F2">
<enum>
(h)
</enum>
<header>
Buildings and
facilities
</header>
<text>
The Secretary shall collect, and submit in the report
described in subsection (c), information regarding the state of Job Corps
buildings and facilities. Such report shall include—
</text>
<paragraph id="HBABCD106F43D42898BB8C9FA997C0448">
<enum>
(1)
</enum>
<text>
a review of
requested construction, rehabilitation, and acquisition projects, by each Job
Corps center; and
</text>
</paragraph>
<paragraph id="H022BCABDFAC14F7D95C8487ACCFCEBEE">
<enum>
(2)
</enum>
<text>
a review of new
facilities under construction.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="H260C3236F11C402D880AA1F58693C923">
<enum>
(i)
</enum>
<header>
National and
community service
</header>
<text>
The Secretary shall include in the report
described in subsection (c) available information regarding the national and
community service activities of enrollees, particularly those enrollees at
Civilian Conservation
Centers.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H76FEAD4FD07B4DAFA115F72CC50A16EF">
<enum>
144.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
Section 161
is amended by striking
<quote>
fiscal years 1999 through 2003
</quote>
and
inserting
<quote>
fiscal years 2013 through 2017
</quote>
.
</text>
</section>
</subtitle>
<subtitle id="H0B691A901B4A4A63ADD9AEBCB5D7F517">
<enum>
D
</enum>
<header>
National
Programs
</header>
<section id="H97D7835F19EB4FD7B5D37E853F4F8787">
<enum>
151.
</enum>
<header>
Native American
programs
</header>
<text display-inline="no-display-inline">
Section 166 is
amended—
</text>
<paragraph id="HA255D636FC3944A7B5D2C5F9F171A0AB">
<enum>
(1)
</enum>
<text>
in subsection
(a)(1)(B), by inserting
<quote>
and to equip them with the entrepreneurial
skills necessary for successful self-employment
</quote>
after
<quote>
workforce
</quote>
;
</text>
</paragraph>
<paragraph id="H81FE0B6D17DD41F9ACB0287A32B2C5D9">
<enum>
(2)
</enum>
<text>
in subsection
(c)(2), by adding at the end the following:
<quote>
The Secretary may exercise
the waiver authority of the preceding sentence not more than once during any
4-year period with respect to any single recipient.
</quote>
;
</text>
</paragraph>
<paragraph id="HDF76F870F3304DFEB6D75B1941E120C0">
<enum>
(3)
</enum>
<text>
in subsection
(d)—
</text>
<subparagraph id="H5448120EC7B34D85ACB5ADB62EEAF6E9">
<enum>
(A)
</enum>
<text>
in paragraph
(1)(B)—
</text>
<clause id="H61E64152678B462DAE22DC3D1B8FC006">
<enum>
(i)
</enum>
<text>
by
inserting
<quote>
Alaska Natives
</quote>
after
<quote>
Indians
</quote>
;
</text>
</clause>
<clause id="H763D0CCC1AEB41D2BFB5CEE9EAC847EC">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
unsubsidized
</quote>
; and
</text>
</clause>
<clause id="HCB95FC7A915A436A95731E957F34E709">
<enum>
(iii)
</enum>
<text>
by
inserting
<quote>
leading to self-sufficiency and the development of the
academic, occupational, and literacy skills of such individuals
</quote>
before
the period; and
</text>
</clause>
</subparagraph>
<subparagraph id="H879239A817F444DD906111D5C5E35DEC">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H7260A841089C48F29FD41C6367088013">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)(i), by inserting
<quote>
, including training on
entrepreneurial skills
</quote>
before the semicolon; and
</text>
</clause>
<clause id="HB267FE051B1941C1A1A5D6B30B6ECFBE">
<enum>
(ii)
</enum>
<text>
in
subparagraph (A)(ii), by inserting
<quote>
Alaska Native
</quote>
after
<quote>
Indian
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H49C52158242B41E1A3103820E6FB5C9D">
<enum>
(4)
</enum>
<text>
in subsection
(e)—
</text>
<subparagraph id="HD194F155F1A548919E8B9B4CEC9B7937">
<enum>
(A)
</enum>
<text>
in paragraph
(3)—
</text>
<clause id="H65CCA306EAC14E92BCE88140FF01C42A">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
unsubsidized
</quote>
; and
</text>
</clause>
<clause id="HEBFEC555EC644B92AFB6C1E6F573384A">
<enum>
(ii)
</enum>
<text>
by
inserting
<quote>
leading to self-sufficiency
</quote>
before the semicolon;
and
</text>
</clause>
</subparagraph>
<subparagraph id="H8252EBA28D914CE9816F253B88923B0C">
<enum>
(B)
</enum>
<text>
in paragraph
(5)—
</text>
<clause id="H14CB9060B9BC47D39F2C92A35C7E132C">
<enum>
(i)
</enum>
<text>
by
inserting
<quote>
accountability
</quote>
after
<quote>
performance
</quote>
;
and
</text>
</clause>
<clause id="H194FB836C8B04BF8A76DC40464465E70">
<enum>
(ii)
</enum>
<text>
by
inserting
<quote>
, which shall include the primary indicators of performance
described in section 136(b)(2)(A) and expected levels of performance for such
indicators, in accordance with subsection (h)
</quote>
before the period;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HB816A2E600254CAB95F3932E26B9D3A8">
<enum>
(5)
</enum>
<text>
by redesignating
subsections (h) through (j) as subsections (i) through (k), respectively, and
inserting after subsection (g) the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H5C374C9321C8480B8857E2FDF44FE921" style="OLC">
<subsection id="H3BABA9D3DBA140CA95D32234B8F1BE5A">
<enum>
(h)
</enum>
<header>
Performance
Accountability Measures
</header>
<paragraph id="H5B44DD01C1974020A87303F814830DAC">
<enum>
(1)
</enum>
<header>
Additional
performance indicators and standards
</header>
<subparagraph id="HE8F27DFDE4C84E7889DE136AA10E5CA8">
<enum>
(A)
</enum>
<header>
Development of
indicators and standards
</header>
<text>
The Secretary, in consultation with the
Native American Employment and Training Council, shall develop a set of
performance indicators and standards that is in addition to the primary
indicators of performance described in section 136(b)(2)(A) and that shall be
applicable to programs under this section.
</text>
</subparagraph>
<subparagraph id="HDB0FA0C2155F43578F2F9CD2EE3C1865">
<enum>
(B)
</enum>
<header>
Special
considerations
</header>
<text>
Such performance indicators and standards shall
take into account—
</text>
<clause id="H8DF61F3EE96243A793D225F1ED8C75EB">
<enum>
(i)
</enum>
<text>
the purpose of
this section as described in subsection (a)(1);
</text>
</clause>
<clause id="H23B3ECA5513741AD9E546CC7F3AEE64B">
<enum>
(ii)
</enum>
<text>
the needs of the
groups served by this section, including the differences in needs among such
groups in various geographic service areas; and
</text>
</clause>
<clause id="HF90EAB60618A463683F31A0E1480EEC8">
<enum>
(iii)
</enum>
<text>
the economic
circumstances of the communities served, including differences in circumstances
among various geographic service areas.
</text>
</clause>
</subparagraph>
<subparagraph id="H62F4FD63F69840F58F13DEA5D86AFE05">
<enum>
(C)
</enum>
<header>
Agreement on
adjusted levels of performance
</header>
<text>
The Secretary and the entity
described in subsection (c) shall reach agreement on the levels of performance
for each of the primary indicators of performance described in section
136(b)(2)(A), taking into account economic conditions, characteristics of the
individuals served, and other appropriate factors and using, to the extent
practicable, the statistical adjustment model under section 136(b)(3)(A)(viii).
The levels agreed to shall be the adjusted levels of performance and shall be
incorporated in the program
plan.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H491DCEF8CD39475A9BCA7076D369E09C">
<enum>
(6)
</enum>
<text>
in subsection (i)
(as so redesignated)—
</text>
<subparagraph id="H0BCC4F1D4DF94C3C995DE43D9923BB84">
<enum>
(A)
</enum>
<text>
in paragraph
(2)(A)—
</text>
<clause id="H2F6991DE192748879ED1C2244CB431B3">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
performance measures
</quote>
and inserting
<quote>
regulations
relating to the performance accountability measures
</quote>
; and
</text>
</clause>
<clause id="HE3B5FCBD489542F6BC0BCDBF66A3EA67">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
such subsection, taking into account the economic circumstances
of such entities
</quote>
and inserting
<quote>
this section
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H02C12B94640840F09C5D77920317D60D">
<enum>
(B)
</enum>
<text>
in paragraph
(4)(A), by inserting
<quote>
and to provide the advice described in subparagraph
(C)
</quote>
before the period; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HE3899599320A4C0F9B6DFCC509365997">
<enum>
(7)
</enum>
<text>
in subsection (k)
(as so redesignated)—
</text>
<subparagraph id="HB276B6409C28457992650ABEA406D584">
<enum>
(A)
</enum>
<text>
in paragraph (1)
by striking
<quote>
American Samoans who reside in Hawaii for the co-location of
federally funded and State-funded
</quote>
and inserting
<quote>
the Cook Inlet
Tribal Council, Incorporated, and the University of Hawaii at Maui, for the
unique populations who reside in Alaska or Hawaii, respectively, to improve job
training and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H2E69D14662EA4811920A63347F04805E">
<enum>
(B)
</enum>
<text>
in paragraph (2),
by striking
<quote>
fiscal year 1999
</quote>
and inserting
<quote>
each of fiscal
years 2013 through 2017
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H5ED5F699A76D4FF9A5673F5F6EA48D65">
<enum>
152.
</enum>
<header>
Migrant and
seasonal farmworker programs
</header>
<text display-inline="no-display-inline">
Section 167 is amended—
</text>
<paragraph id="HA430B6432A454CB28EDE46007B0FF75E">
<enum>
(1)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H8EFC1F0E16BA4ACCB95F8B82AD5278FF">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
and deliver
</quote>
after
<quote>
administer
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H5D987405F0124E1A9889171ACB168C7D">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
workforce investment
</quote>
after
<quote>
including
youth
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HF72ED5CFC5F549D98017BCC5AA50D5B2">
<enum>
(2)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H56C4D8B0E1754D899B032A87BB421D7D">
<enum>
(A)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H6FC284C7ACF84748B14892FC07160389">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)—
</text>
<subclause id="H95214FF6D6F9423CB75D71472046ED67">
<enum>
(I)
</enum>
<text>
by striking
<quote>
identify
</quote>
and inserting
<quote>
describe the population to be
served and identify
</quote>
; and
</text>
</subclause>
<subclause id="H12DF49F1C2134990AA3447C6107476E8">
<enum>
(II)
</enum>
<text>
by inserting
<quote>
, including upgraded employment in agriculture
</quote>
before the
semicolon;
</text>
</subclause>
</clause>
<clause id="H63B0E71D18154A828E665AAC3AA662AF">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B), by striking
<quote>
; and
</quote>
and inserting a
semicolon;
</text>
</clause>
<clause id="H043949A0492941328E330502DDAFFD01">
<enum>
(iii)
</enum>
<text>
in
subparagraph (C)—
</text>
<subclause id="HCDF83667FA944CB4B2B72398EF8EBEEA">
<enum>
(I)
</enum>
<text>
by striking
<quote>
indicators of performance
</quote>
and inserting
<quote>
performance
accountability measures
</quote>
; and
</text>
</subclause>
<subclause id="H9928B13D4F724FFCA435925698C533FA">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
by inserting
<quote>
, which shall include
the expected levels of performance for the primary indicators of performance
described in section 136(b)(2)(A)
</quote>
before the semicolon; and
</text>
</subclause>
</clause>
<clause id="H8654E0D52F964224B4ADAB123E05A2EC">
<enum>
(iv)
</enum>
<text>
by
inserting after subparagraph (C) the following new subparagraphs:
</text>
<quoted-block display-inline="no-display-inline" id="HAA0DC48FDF1341598AB2A02B88F371DA" style="OLC">
<subparagraph id="H7F5EADC127F34B78AAC620B0043ACA3D">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
describe the availability and accessibility
of local resources such as supportive services, services provided through
one-stop delivery systems, and education and training services, and how the
resources can be made available to the population to be served; and
</text>
</subparagraph>
<subparagraph id="HCA76FA418F47448D981F2F5C8F0E9D62">
<enum>
(E)
</enum>
<text>
describe the plan
for providing services under this section, including strategies and systems for
outreach, career planning, assessment, and delivery through one-stop delivery
systems.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H2D901D6FB9DE48CF84280D3AC2D962AC">
<enum>
(B)
</enum>
<text>
by redesignating
paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and inserting
after paragraph (2) the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H3719A20E3F184EC4A38F8329B3B31DF8" style="OLC">
<paragraph id="H497EDF9568814598A0B7A62E1A1A8924">
<enum>
(3)
</enum>
<header>
Agreement on
adjusted levels of performance
</header>
<text display-inline="yes-display-inline">
The Secretary and the entity described in
subsection (b) shall reach agreement on the levels of performance for each of
the primary indicators of performance described in section 136(b)(2)(A), taking
into account economic conditions, characteristics of the individuals served,
and other appropriate factors, and using, to the extent practicable the
statistical adjustment model under section 136(b)(3)(A)(viii). The levels
agreed to shall be the adjusted levels of performance and shall be incorporated
in the program plan.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HCEDD1F5562664CDFAE79DB471F2F6896">
<enum>
(C)
</enum>
<text>
in paragraph
(5)(B) (as so redesignated)—
</text>
<clause id="HCFA55FCDE248469C9675AAF6549A5853">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
grant or contract
</quote>
the first place it appears and
inserting
<quote>
grant, contract, or agreement
</quote>
;
</text>
</clause>
<clause id="H2086A4E6D32C459F82BF0E22889E833C">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
under the terms of the grant agreement or
contract
</quote>
;
</text>
</clause>
<clause id="H3ADB88EB4C0F4F75998336F2B2C04CF8">
<enum>
(iii)
</enum>
<text>
by
striking
<quote>
requirement
</quote>
and inserting
<quote>
requirements
</quote>
;
</text>
</clause>
<clause id="H44CD9F11521147DBBCFA08D548AD5681">
<enum>
(iv)
</enum>
<text>
by
striking
<quote>
plan described in paragraph (1)
</quote>
and inserting
<quote>
program plan
</quote>
; and
</text>
</clause>
<clause id="H615405B6B3414C41A8B2990D21444531">
<enum>
(v)
</enum>
<text>
by
striking
<quote>
grant or contract
</quote>
the second place it appears and
inserting
<quote>
period of the grant, contract, or agreement
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H4F11815C3EA849E88E3450A4FEC24DB5">
<enum>
(3)
</enum>
<text>
by amending
subsection (d) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H0C4E7BD1439A4507B0A24A0B1993B044" style="OLC">
<subsection id="H8B0349E1238D4540BEA75E2439B30255">
<enum>
(d)
</enum>
<header>
Authorized
activities
</header>
<text>
Funds made available under this section and section
127 shall be used to carry out workforce investment activities (including youth
workforce investment activities) and provide related assistance for eligible
migrant and seasonal farmworkers, which may include—
</text>
<paragraph id="HF93FBE526F9643EE8915D312A9B3A517">
<enum>
(1)
</enum>
<text>
outreach,
employment, training, educational assistance, literacy assistance, English
language and literacy instruction, pesticide and worker safety training,
housing (including permanent housing), supportive services, and school dropout
prevention activities;
</text>
</paragraph>
<paragraph id="H18748E4585744D379EA2A1515C24AA31">
<enum>
(2)
</enum>
<text>
followup services
for those individuals placed in employment;
</text>
</paragraph>
<paragraph id="H79EDB93F7B9A44EE9B3F162ABA1A456D">
<enum>
(3)
</enum>
<text>
self-employment
and related business or micro-enterprise development education as needed by
eligible individuals as identified pursuant to the plan required by subsection
(c);
</text>
</paragraph>
<paragraph id="H80C785055432438691F12048E18B810D">
<enum>
(4)
</enum>
<text>
customized career
and technical education in occupations that will lead to higher wages, enhanced
benefits, and long-term employment in agriculture or another area; and
</text>
</paragraph>
<paragraph id="HD0E62511292B47D494F2F84D52711885">
<enum>
(5)
</enum>
<text>
technical
assistance to improve coordination of services and implement best practices
relating to service delivery through one-stop delivery
systems.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HDACB6F0AFCA8471AAE91347545A08370">
<enum>
(4)
</enum>
<text>
by amending
subsection (f) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H5C26B11F00B24EAB94C4ECFD8AC4DD17" style="OLC">
<subsection id="H398DBD71608C46BCA093818AD2821E0A">
<enum>
(f)
</enum>
<header>
Regulations
</header>
<text>
The
Secretary shall establish regulations to carry out this section, including
regulations relating to how economic and demographic barriers to employment of
eligible migrant and seasonal farmworkers should be considered and included in
the negotiations leading to the adjusted levels of performance described in
subsection
(c).
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HD8110B84712344DF8791A039A2A32661">
<enum>
(5)
</enum>
<text>
in subsection (g),
by striking
<quote>
(enacted by the Single Audit Act of 1984)
</quote>
;
and
</text>
</paragraph>
<paragraph id="HD3CA5AFEB45E4884BFFE9C62DBD293E1">
<enum>
(6)
</enum>
<text>
by amending
subsection (h) and deleting subsection (i) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HD1EF1A108492410ABADFBAD1E1C5A334" style="OLC">
<subsection id="H556D5C7EC59A46E2971254CE4D2F4027">
<enum>
(h)
</enum>
<header>
Funding
allocation
</header>
<text>
From the funds appropriated and made available to
carry out this section, the Secretary may reserve not more than 1 percent for
national purposes, such as providing technical assistance to eligible
entities.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HC2F3E6867AA64CEA81BDF9B8AD0182CC">
<enum>
153.
</enum>
<header>
Veterans
workforce investment programs
</header>
<text display-inline="no-display-inline">
Section 168 is amended—
</text>
<paragraph id="HE05C138789E84B2BB4BD4E5873322F51">
<enum>
(1)
</enum>
<text>
in subsection
(a)(3)(A), by inserting
<quote>
, including services provided by one-stop
operators and one-stop partners
</quote>
before the semicolon;
</text>
</paragraph>
<paragraph id="H06157E8FAF03430E81539E00E3CB5D3B">
<enum>
(2)
</enum>
<text>
in subsection
(b)(2)(A), by inserting
<quote>
accountability
</quote>
after
<quote>
performance
</quote>
; and
</text>
</paragraph>
<paragraph id="H8A25A7F8A9684A3D8768563D0107C840">
<enum>
(3)
</enum>
<text>
by adding at the
end of subsection (b) the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H10C4A16DD24943DABFD5B04DDADEF790" style="OLC">
<paragraph id="HB3DFCC8DCCDB436B846C5C75E7B86D73">
<enum>
(3)
</enum>
<header>
Performance
accountability measures
</header>
<text>
In carrying out the responsibilities
relating to performance accountability measures described in paragraph (2)(A),
the Assistant Secretary for Veterans’ Employment and Training shall, for each
grant or contract under this section providing education, training, or
employment services to veterans, include among such measures the primary
indicators of performance described in section 136(b)(2)(A)(i) and adjusted
levels of performance for each such indicator that are agreed to by the
Assistant Secretary and the recipient of the grant or
contract.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HB637D56F920C47DFA0347AC3F09EA453">
<enum>
154.
</enum>
<header>
Repeal
</header>
<text display-inline="no-display-inline">
Section 169 is repealed.
</text>
</section>
<section id="H2557700A42804933BC7919EEF74CB436">
<enum>
155.
</enum>
<header>
Technical
assistance
</header>
<text display-inline="no-display-inline">
Section 170 is
amended by adding at the end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H3D4C94062E7E4761AD3963A7D179B9AF" style="OLC">
<subsection display-inline="no-display-inline" id="H538568C5E9D641ABA6285E47F0F33EAC">
<enum>
(c)
</enum>
<header>
Promising and
proven practices coordination
</header>
<text>
Consistent with the identification
and dissemination of promising and proven practices under subtitle B of title
I, the Secretary shall—
</text>
<paragraph id="H97D7B9AF60344931A4F18AEDAEA72016">
<enum>
(1)
</enum>
<text>
establish a system
through which States and local areas share information regarding promising and
proven practices with regard to the operation of workforce investment
activities under this Act;
</text>
</paragraph>
<paragraph id="HCF2D27D015ED4DEFAE647093A598D166">
<enum>
(2)
</enum>
<text>
evaluate and
disseminate information regarding such promising and proven practices and
identify knowledge gaps; and
</text>
</paragraph>
<paragraph id="H3B4BC0E233AE49E9B755096ABB4B009D">
<enum>
(3)
</enum>
<text>
commission
research under section 170(c) to address knowledge gaps identified under
paragraph
(2).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H0532F216F6C4400E93EA9254D22919F2">
<enum>
156.
</enum>
<header>
Innovation
projects
</header>
<text display-inline="no-display-inline">
Section 171 is
amended—
</text>
<paragraph id="HDEC981E614A643F5A4F29663FDBBA6C9">
<enum>
(1)
</enum>
<text>
in the section
heading, by striking
<quote>
<header-in-text level="section" style="OLC">
Demonstration, pilot, Multiservice, research and multistate
projects
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
Innovation
projects
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="HCA167CC22C284902AA2D633F59CF5033">
<enum>
(2)
</enum>
<text>
by amending
subsections (b) and (c) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H158D6DECF0EE4D419C8DDE44CF7993AA" style="OLC">
<subsection id="HE50DF608B32C4239A717B7D1B4CE7696">
<enum>
(b)
</enum>
<header>
Innovation
projects
</header>
<paragraph id="H2F70E588C6234F5F85145C11151C44F3">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall, through grants or contracts, carry
out demonstration and pilot projects that are consistent with the priorities
specified in the plan published under subsection (a) and that are for the
purposes of developing and implementing techniques and approaches, and
demonstrating the effectiveness of specialized methods, in addressing
employment and training needs. Such projects shall—
</text>
<subparagraph id="H8369B6AE99FA477C9BC388B581335245">
<enum>
(A)
</enum>
<text>
include the
provision of direct services to individuals;
</text>
</subparagraph>
<subparagraph id="H95BDCF9BD4EE423B90C6CCC38478D5B3">
<enum>
(B)
</enum>
<text>
be subject to
measures of performance that include the primary indicators of performance
described in section 136(b)(2)(A) as well as other appropriate indicators;
and
</text>
</subparagraph>
<subparagraph id="H59E4908DDBAF4DFAA466636B3F908386">
<enum>
(C)
</enum>
<text>
include an
evaluation component as appropriate to the program design.
</text>
</subparagraph>
</paragraph>
<paragraph id="H23402B2B9D374429A2BED511AB8FB9A8">
<enum>
(2)
</enum>
<header>
Types of
projects
</header>
<text>
Such projects may include—
</text>
<subparagraph id="H7473C449CBC54BBBABC75F89F1C0D7F6">
<enum>
(A)
</enum>
<text>
projects that
assist employers in connecting with the workforce investment system established
under this Act in order to facilitate the recruitment, employment, and
retention of workers for jobs with career pathways and to provide information
to such system on skills and high-growth occupations;
</text>
</subparagraph>
<subparagraph id="HCD33D372C13D42E9AD7ACED3936C530F">
<enum>
(B)
</enum>
<text>
projects that
focus on opportunities for employment in industries and sectors of industries
that are experiencing, or are likely to experience, high rates of growth,
including health care and advanced manufacturing sectors, and have jobs with
wages and benefits leading to economic self-sufficiency;
</text>
</subparagraph>
<subparagraph id="HD2CC3323AFC44EFBB52F0301A0BF72F3">
<enum>
(C)
</enum>
<text>
projects that
focus on local partnerships of industry, labor, community colleges, area career
and technical education centers community-based organizations, and economic
development organizations, to promote opportunities for dislocated workers and
long-term unemployed to receive training and related services for employment
and access to career ladders in high-demand sectors;
</text>
</subparagraph>
<subparagraph commented="no" id="H4223D28209E2450D9CF037F5DC9D928F">
<enum>
(D)
</enum>
<text>
projects to
determine the feasibility of, and potential means to replicate, measuring the
compensation, including the wages, benefits, and other incentives provided by
an employer, received by program participants by using data other than or in
addition to data available through wage records, for potential use as a
performance indicator;
</text>
</subparagraph>
<subparagraph id="H90CF1632406540DE92247347E7B24774">
<enum>
(E)
</enum>
<text>
projects to
develop and implement promising or proven approaches and technologies,
including the use of distance education and activities to increase the digital
literacy of older individuals, in order to deliver employment related,
work-based training services and recognized postsecondary credentials;
</text>
</subparagraph>
<subparagraph id="HB4395609C8A64FD48C2C53034AC7319F">
<enum>
(F)
</enum>
<text>
projects that
provide retention grants, which grants shall—
</text>
<clause id="H84EB57B6AB1140C4A2EA4B7622FD615B">
<enum>
(i)
</enum>
<text>
be
provided to job training and apprenticeship programs that have demonstrated
expertise in serving low-income individuals and that offer instruction,
assessment, and professional coaching, for each low-income individual who is
retained in such employment with such employer for a period of 1 year;
and
</text>
</clause>
<clause id="HB9AEBE217E2945B2942AE2C52EA9CACE">
<enum>
(ii)
</enum>
<text>
be provided
taking into account the economic benefit received by the Federal Government
from the employment and retention of the individual, including the economic
benefit from tax revenue and decreased public subsidies;
</text>
</clause>
</subparagraph>
<subparagraph id="H12458044454A4B13A5D799949FD6F83C">
<enum>
(G)
</enum>
<text>
projects utilizing
a pay-for-performance approach for providers of education, training, and
employment services to individuals with barriers to employment, including
services targeted to addressing the specific challenges and conditions that
have created barriers for participants in programs under this Act;
</text>
</subparagraph>
<subparagraph id="HEDF2748346F2442DA8A77D95F0722288">
<enum>
(H)
</enum>
<text>
projects that
provide comprehensive education and training services, and support services, in
coordination with local boards, for populations in targeted high poverty areas
where the greatest barriers to employment exist, including ex-offenders,
out-of-school youth, and public assistance recipient populations; and
</text>
</subparagraph>
<subparagraph commented="no" id="H662ED50236744F79A576207D30671851">
<enum>
(I)
</enum>
<text>
projects that seek
to replicate exemplary youth programs that have demonstrated effectiveness in 2
or more noncontiguous local areas in preparing youth for success in the
workforce.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5B8CAAAF40C04797B323FCDFBE6CAAB0">
<enum>
(3)
</enum>
<header>
Conditions
</header>
<subparagraph id="H91611E5D2BC2464D8CF3ECFC05204005">
<enum>
(A)
</enum>
<header>
Competitive
awards
</header>
<text>
Grants or contracts awarded for carrying out demonstration
and pilot projects under this subsection shall be awarded on a competitive
basis and in accordance with generally applicable Federal requirements.
</text>
</subparagraph>
<subparagraph id="H44BB77E558AA4710B82033DCEED0B39F">
<enum>
(B)
</enum>
<header>
Time
limits
</header>
<text>
The Secretary shall establish appropriate time limits for
carrying out demonstration and pilot projects under this
subsection.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H8366073FD6214523A90DEB109FD8F62E">
<enum>
(3)
</enum>
<text>
in subsection
(e)(7), by striking
<quote>
(
<external-xref legal-doc="public-law" parsable-cite="pl/109/58">
Public Law 109–58
</external-xref>
)
</quote>
and inserting
<quote>
(42
U.S.C. 15852)
</quote>
.
</text>
</paragraph>
</section>
<section id="H4A61BC49093443E38ADA404A53162DF0">
<enum>
157.
</enum>
<header>
Workforce and
youth innovation and best practices grants
</header>
<text display-inline="no-display-inline">
The Workforce Investment Act of 1998 is
further amended by inserting after section 171 the following new
sections:
</text>
<quoted-block display-inline="no-display-inline" id="HCC2E178269844061B866456695948B05" style="OLC">
<section id="H61008DEFEC394F319FFD76E6EB675CD0">
<enum>
171A.
</enum>
<header>
Workforce
innovation and best practices grants
</header>
<subsection id="H4C5A650E8E944921BD2344680000B9EF">
<enum>
(a)
</enum>
<header>
Purpose
</header>
<text>
It
is the purpose of this section to—
</text>
<paragraph id="HAD0CE9ECAA684988B6ABE853EFB5C979">
<enum>
(1)
</enum>
<text>
promote the
development of comprehensive workforce investment systems at the State,
regional, and local levels that reflect the alignment of strategies and
activities across the core programs and, where appropriate, across other
workforce development, education, economic development, and human services
programs, to provide effective, high quality, and client-centered services to
job seekers and workers, youth, and employers;
</text>
</paragraph>
<paragraph id="H302E7F55C89846A582600D55F95DCC2F">
<enum>
(2)
</enum>
<text>
promote innovation
and to improve, replicate, and expand models and service delivery strategies of
demonstrated effectiveness in meeting the education, training, and employment
needs of job seekers and workers, and youth, including such individuals with
barriers to employment, and employers; and
</text>
</paragraph>
<paragraph id="H8C59E79B4F604D52BE15051C334303A1">
<enum>
(3)
</enum>
<text>
establish and
improve programs for youth that provide access to career pathways that include
the attainment of a recognized postsecondary credential or employment that
leads to economic self-sufficiency.
</text>
</paragraph>
</subsection>
<subsection id="H7F13805A8C614A79A077BF67729EF24E">
<enum>
(b)
</enum>
<header>
Program
authorized
</header>
<text display-inline="yes-display-inline">
From amounts
appropriated to carry out this section, the Secretary of Labor and the
Secretary of Education, in accordance with section 176, shall—
</text>
<paragraph id="H0F4A60ABCA5344E5B904C8BE278CF341">
<enum>
(1)
</enum>
<text>
for the first
program year that begins after the date of enactment of the
<short-title>
Workforce Investment Act of
2013
</short-title>
, award transition grants in accordance with section 175;
and
</text>
</paragraph>
<paragraph id="HA21A1A4810B840589E4691CA8C356FF7">
<enum>
(2)
</enum>
<text>
with funds not
awarded for transition grants under paragraph (1) for the first program years
that begins after the date of enactment of the
<short-title>
Workforce Investment Act of
2013
</short-title>
, and for subsequent years, award workforce innovation and
best practices grants to eligible entities in accordance with subsection
(c).
</text>
</paragraph>
</subsection>
<subsection id="H61AACDD9DA4C4A9FB4CC12706E74296E">
<enum>
(c)
</enum>
<header>
Workforce
innovation and best practices grants to eligible entities
</header>
<paragraph id="H861AB38713E04A4989730A17F729216D">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
From funds described in subsection (b)(1), the Secretary
of Labor and the Secretary of Education shall award workforce innovation and
replication grants on a competitive basis to eligible entities in accordance
with paragraph (2) to be used for the purposes set forth in subsection
(a).
</text>
</paragraph>
<paragraph id="HA866DEF3781A4070826142C78BCCCB6D">
<enum>
(2)
</enum>
<header>
Eligible
entities
</header>
<subparagraph id="HF4F57DEBE39748BA9E68F41C2CFC9687">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
To be eligible to receive a grant under this subsection,
a State partnership or regional entity shall meet the requirements of this
paragraph, submit an application in accordance with subsection (e), and be in
partnership with one or more of the following:
</text>
<clause id="HA141D62095874AD68997DD8B5026C131">
<enum>
(i)
</enum>
<text>
A
nonprofit organization with relevant expertise, including a community-based
organization.
</text>
</clause>
<clause id="HCC51B06F0841485297E3C72AECA43F1A">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
An institution of higher education,
including a community college.
</text>
</clause>
<clause id="H77F92EC7512542AE9BDC6AED09780BA5">
<enum>
(iii)
</enum>
<text>
A joint
labor-management partnership.
</text>
</clause>
</subparagraph>
<subparagraph id="H1FA33852470B4C6F8B2AD87B87B2EC99">
<enum>
(B)
</enum>
<header>
State
partnership
</header>
<text>
For a State partnership to be eligible for funding
under this subsection, a Governor of a State shall—
</text>
<clause id="H1A8572D2D9994A199C5452B5BE36FC4B">
<enum>
(i)
</enum>
<text>
submit the
application in partnership with the State board and with 1 or more regional
entities in the State described in subparagraph (C); and
</text>
</clause>
<clause id="HFEF6FADB9EBA42A191F1079408EC47D5">
<enum>
(ii)
</enum>
<text>
demonstrate that
the State has—
</text>
<subclause id="HD979220905354EB2B8154EED741EAE0A">
<enum>
(I)
</enum>
<text>
aligned the core
programs;
</text>
</subclause>
<subclause id="HBE4942A7C7F6469983CCC74D74137830">
<enum>
(II)
</enum>
<text>
made significant
progress towards aligning the core programs with other workforce investment
programs; and
</text>
</subclause>
<subclause id="H979B729EF916424F93E99845A298A3C9">
<enum>
(III)
</enum>
<text>
achieved the
alignments described in subclauses (I) and (II) consistent with the State
plan.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HD218BDF6D05F4F00B7DEEDEFC78B4ADC">
<enum>
(C)
</enum>
<header>
Regional
entities
</header>
<text>
To be identified as a regional entity and to be eligible
for funding under this subsection, a local board for a local area that is
aligned with a region, or all of the local boards for local areas that comprise
a planning region under section 116(c), shall demonstrate that—
</text>
<clause id="H2DCC280DFAD94B3081BBA7093C39B336">
<enum>
(i)
</enum>
<text>
the application
has been developed in consultation with the State and is not duplicative of
other applications under this subsection submitted by a State partnership;
and
</text>
</clause>
<clause id="H60DA631661C64196A20751F20A4E46D1">
<enum>
(ii)
</enum>
<text>
the local board,
or all of the local boards for the planning region, has—
</text>
<subclause id="HA56555D33D15480C807F041A7306A098">
<enum>
(I)
</enum>
<text>
worked with the
core programs to achieve alignment of such programs in the region;
</text>
</subclause>
<subclause id="H377C41C967654B78AE75DA285BBF03B8">
<enum>
(II)
</enum>
<text>
made significant
progress towards aligning the core programs with other workforce investment
programs in the region; and
</text>
</subclause>
<subclause id="H42BF1C5ABF1A4B869BF4D5C31CC50417">
<enum>
(III)
</enum>
<text>
achieved the
alignments described in subclauses (I) and (II) consistent with the State
plan.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HE40CB125EC1C42F6AD0EFB5E38E6F8B5">
<enum>
(d)
</enum>
<header>
Types of Grants
authorized
</header>
<paragraph id="HB06601063D8D430EA5D6A3C46E00440E">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
From amounts appropriated to carry out this section, the
Secretary of Labor and the Secretary of Education shall award eligible entities
one or more of the following:
</text>
<subparagraph id="H353076D5220C4ECD9998EB9E756E8682">
<enum>
(A)
</enum>
<header>
Planning
grant
</header>
<text>
The Secretary of Labor and the Secretary of Education may
award a planning grant under this section, not to exceed a total of $250,000
for a 1-year period, to an eligible entity that—
</text>
<clause id="H39D2F56E7BC3444FB5E5FC4EAA5ECE31">
<enum>
(i)
</enum>
<text>
is
preparing to establish an innovative workforce investment project; and
</text>
</clause>
<clause id="H27E678F1203244479122574E7DE37A74">
<enum>
(ii)
</enum>
<text>
has not received
a grant under this section.
</text>
</clause>
</subparagraph>
<subparagraph id="H28EB72D1110442CBB24352CEF6E14AE2">
<enum>
(B)
</enum>
<header>
Innovation
grant
</header>
<text>
The Secretaries may award an innovation grant under this
section, not to exceed a total of $3,000,000 for a 2-year period to an eligible
entity that—
</text>
<clause id="H099F0A96964F426EA87E6145D548C291">
<enum>
(i)
</enum>
<text>
has already
received a planning grant under this section; or
</text>
</clause>
<clause id="HB577555A92214BC18F0FBC17DF015218">
<enum>
(ii)
</enum>
<text>
has already
established an innovative workforce investment project.
</text>
</clause>
</subparagraph>
<subparagraph id="H3949DA221632450BBEB98B4BBDC15CCC">
<enum>
(C)
</enum>
<header>
Sustainability
grant
</header>
<text>
The Secretaries may award a sustainability grant, not to
exceed a total of $2,000,000 for a 2-year period or $5,000,000 for a 5-year
period, to an eligible entity that—
</text>
<clause id="HD38EDDC0993F463891EA7C14107CFE82">
<enum>
(i)
</enum>
<text>
has established an
innovative workforce investment project that has demonstrated measurable
improvements as measured by the performance measures set forth in section 136;
and
</text>
</clause>
<clause id="H3F85A62D89F34745BF2740EDAD83F5A3">
<enum>
(ii)
</enum>
<text>
seeks to expand
or replicate that project on the State, local, or regional level.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H62FB6293F056465390C822867EB9CA4C">
<enum>
(2)
</enum>
<header>
Federal and
non-Federal share
</header>
<text display-inline="yes-display-inline">
The Federal
share for the grants described in paragraph (1) shall be—
</text>
<subparagraph id="H0A02656B9519421DB25A1D0CF5D70F6F">
<enum>
(A)
</enum>
<text>
for a planning
grant described in paragraph (1)(A), 100 percent;
</text>
</subparagraph>
<subparagraph id="HB41839AFD15D4235AD9E627A8D6F1FA4">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
for an innovation grant described in
paragraph (1)(B)—
</text>
<clause id="H3CFE8EDE7E864246AF8B4F80F1ADB68D">
<enum>
(i)
</enum>
<text>
90
percent of the costs of the activities carried out under the grant, in the
first year of the grant;
</text>
</clause>
<clause id="H283BE412F2D34BA0B1A48BC80DEA7F91">
<enum>
(ii)
</enum>
<text>
80 percent of
such costs in the second year of the grant; and
</text>
</clause>
<clause id="H826E790BCB7F4B70B971F9D06F9C3F42">
<enum>
(iii)
</enum>
<text>
70 percent of
such costs in the third year of the grant; and
</text>
</clause>
</subparagraph>
<subparagraph id="H54E6DFD251ED4192A6D8BA8542E38C0E">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
for a sustainability grant described in
paragraph (1)(C)—
</text>
<clause id="H3F3589740D4D4987A24508D823B851B0">
<enum>
(i)
</enum>
<text>
for an eligible
entity that receives a 2-year grant—
</text>
<subclause id="H28BF688495EB442E955A4BA051E20C88">
<enum>
(I)
</enum>
<text>
not more than 50
percent of the costs of the activities carried out under the grant, in the
first year of the grant; and
</text>
</subclause>
<subclause id="H8F20B2641D53419398CBB6614CB8CE2D">
<enum>
(II)
</enum>
<text>
not more than 30
percent of such costs in the second year of the grant; and
</text>
</subclause>
</clause>
<clause id="HA47930492B5A437D862D6152CCE7E12A">
<enum>
(ii)
</enum>
<text>
for an eligible
entity that receives a 5-year grant—
</text>
<subclause id="H08658A7082784F469F60EAEE4DF8E30D">
<enum>
(I)
</enum>
<text>
not more than 70
percent of the costs of the activities carried out under the grant, in the
first year of the grant;
</text>
</subclause>
<subclause id="H03DA37E08D254F408D0B22AFBB573C31">
<enum>
(II)
</enum>
<text>
not more than 60
percent of such costs in the second year of the grant;
</text>
</subclause>
<subclause id="H1A2206D8389A4584A091339F80AA6271">
<enum>
(III)
</enum>
<text>
not more than 50
percent of such costs in the third year of the grant;
</text>
</subclause>
<subclause id="HDCA2922599214FE9AD6B4FFF20E843C1">
<enum>
(IV)
</enum>
<text>
not more than 40
percent of such costs in the fourth year of the grant; and
</text>
</subclause>
<subclause id="H131BB1944D0A4798AF7266091B56859F">
<enum>
(V)
</enum>
<text>
not more than 30
percent of such costs in the fifth year of the grant.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H14631793C0664A34848335409199EDD2">
<enum>
(3)
</enum>
<header>
Non-Federal
share
</header>
<text display-inline="yes-display-inline">
The non-Federal share
of an innovation or sustainability grant under this section may be in cash or
in-kind, and may come from State, local, philanthropic, private, or other
resources.
</text>
</paragraph>
<paragraph id="H15DBA6D471A145B3BF70CC286D18E6BB">
<enum>
(4)
</enum>
<header>
Financial
hardship waiver
</header>
<text>
The Secretary of Labor and the Secretary of
Education may waive or reduce the matching share of an eligible entity that has
submitted an application under this subsection if such entity demonstrates a
need for such waiver or reduction due to financial hardship as defined by the
Secretary of Labor and the Secretary of Education.
</text>
</paragraph>
<paragraph id="H3429F70CE53B41A18073580E597AB4FE">
<enum>
(5)
</enum>
<header>
Fiscal
agent
</header>
<text>
Each eligible entity that is a State consortia or
partnership receiving a grant under this subsection shall designate an entity
in the partnership as the fiscal agent for purposes of this grant.
</text>
</paragraph>
<paragraph id="H623212F83C5748119A45081A83ADD380">
<enum>
(6)
</enum>
<header>
Supplement not
supplant
</header>
<text>
Federal funds awarded under this section shall be used
to supplement, not supplant non-Federal resources that would be used to support
activities carried out as part of the innovative workforce investment
project.
</text>
</paragraph>
<paragraph id="HDF079C8DEC054697A5BBB686159BFF4E">
<enum>
(7)
</enum>
<header>
Grant
period
</header>
<subparagraph id="HBFDB220BB90A41AC97DE1F376E1E92D1">
<enum>
(A)
</enum>
<header>
Planning
grants
</header>
<text>
Grants awarded under paragraph (1)(A) shall be made for a
period of not longer than 1 year.
</text>
</subparagraph>
<subparagraph id="H39F207DE889445D69A7A38EE0E734517">
<enum>
(B)
</enum>
<header>
Innovation
grant
</header>
<text>
Grants awarded under paragraph (1)(B) shall be made for a
period of no longer than 3 years.
</text>
</subparagraph>
<subparagraph id="HB677E37F1563479DB9C5E32D1E200A59">
<enum>
(C)
</enum>
<header>
Sustainability
grant
</header>
<text>
Grants awarded under paragraph (1)(C) shall be made for a
period of no longer than 5 years.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H640CEC3EF76C48FABB14AFE2A1E2AEF3">
<enum>
(e)
</enum>
<header>
Application
</header>
<text>
An
eligible entity seeking a grant under this section shall submit an application
to the Secretary of Labor and the Secretary of Education at such time, in such
manner, and containing such information as the Secretary of Labor and the
Secretary of Education may require. An application submitted under this
paragraph may include the following:
</text>
<paragraph id="H6473DBEE0B434809A6ADF0CD1D528A0C">
<enum>
(1)
</enum>
<text>
A description of
the eligible entity, evidence of the eligible entity’s capacity to carry out
activities in support of the strategic objectives identified in the application
under paragraph (4), and, if the eligible entity is a partnership, a
description of the expected participation and responsibilities of each of the
partners.
</text>
</paragraph>
<paragraph id="HA83AAA4028914EDDBE60D1839ECA8369">
<enum>
(2)
</enum>
<text>
A description of
the industry or targeted industry cluster that will be served through the
project, including a description of how the skilled workforce needs of small-
and medium-sized employers connected with that industry or industries will be
addressed.
</text>
</paragraph>
<paragraph id="H79D69BDE0DAC43C78D319A6BCF3764B1">
<enum>
(3)
</enum>
<text>
A description of
the target worker populations to be served through the project, including a
description of target worker populations with significant barriers to
employment and a description of strategies that will be used to help overcome
such barriers.
</text>
</paragraph>
<paragraph id="HC4D41E63A33D4456B1B37E1D08062AAF">
<enum>
(4)
</enum>
<text>
A description of
the strategic objectives that the eligible entity seeks to achieve through the
funded project for—
</text>
<subparagraph id="HDE869E3CB6DC4D04AF682200ECC8B822">
<enum>
(A)
</enum>
<text>
implementing
career pathways strategies, which may include—
</text>
<clause id="H2FC73D8A8B10499DBD12D8E789ED6B7D">
<enum>
(i)
</enum>
<text>
providing clear
linkages between remedial, academic and occupational programs within
educational institutions, and articulation of credits across
institutions;
</text>
</clause>
<clause id="HFE24E14C3AC746D29FC3D23F49E24159">
<enum>
(ii)
</enum>
<text>
designing
curricula in terms of competencies required for education and career
advancement, and, where possible, tied to industry skill standards,
certifications or licensing requirements including those developed by industry
or sector partnerships;
</text>
</clause>
<clause id="H2EA29912A8FC47AF91FEC7E161DA08C2">
<enum>
(iii)
</enum>
<text>
offering
programs at times and places (including workplaces) convenient for working
adults and structured in small modules or
<quote>
chunks
</quote>
, each leading
to recognized credential;
</text>
</clause>
<clause id="H1DC3095B7616459AB39A39F72321E12A">
<enum>
(iv)
</enum>
<text>
allowing
flexibility to enter and exit education as participants’ circumstances
permit;
</text>
</clause>
<clause id="HEB33AEEA4C0C48F697E4455F7551DB79">
<enum>
(v)
</enum>
<text>
providing support
services, including career assessment and counseling, case management, child
care, transportation, financial aid and job placement;
</text>
</clause>
<clause id="HE4DB976FC066401BB96C4612A7A89AA2">
<enum>
(vi)
</enum>
<text>
creating
<quote>
bridge programs
</quote>
for educationally disadvantaged youths and
adults that teach basic skills such as office communication, math and problem
solving in the context of training for advancement to better jobs and
postsecondary training; and
</text>
</clause>
<clause id="HDC94A7FDEB984061AD2091A772D707A3">
<enum>
(vii)
</enum>
<text>
aligning both
public and private funding sources, such as the Carl D. Perkins Career and
Technical Education Act, Workforce Investment Act, Adult Education and Family
Literacy Act, Temporary Assistance to Needy Families, State and Federal
financial aid, and employer tuition reimbursement;
</text>
</clause>
</subparagraph>
<subparagraph id="H616E8554463E40BF91212C01BB9E2225">
<enum>
(B)
</enum>
<text>
implementing
industry or sector partnerships, which may include—
</text>
<clause id="HC5F2077CCCA4413CAF11BCA58BD564B5">
<enum>
(i)
</enum>
<text>
recruiting key
stakeholders in the targeted industry cluster, such as multiple businesses and
employers, labor organizations, local boards, and education and training
providers, and regularly convening the stakeholders in a collaborative
structure that supports the sharing of information, ideas, and challenges
common to the targeted industry cluster;
</text>
</clause>
<clause id="HC2AFD84822314B1A8C2E51638781428E">
<enum>
(ii)
</enum>
<text>
identifying the
training needs of multiple businesses, especially skill gaps critical to
competitiveness and innovation in the targeted industry cluster;
</text>
</clause>
<clause id="HB7A301B1F9E547009F76BD29359AAD61">
<enum>
(iii)
</enum>
<text>
facilitating
economies of scale by aggregating training and education needs of multiple
employers;
</text>
</clause>
<clause id="H3BFFBF9794BB4E1ABEBD713988D56A9E">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
helping postsecondary educational
institutions, training institutions, apprenticeship programs, area career and
technical education centers, and all other training programs authorized under
this Act, align curricula, entrance requirements and programs to industry
demand and nationally portable, recognized postsecondary credentials (or, if
not available for the targeted industry, other credentials, as determined
appropriate by the Secretary), particularly for higher skill, high-priority
occupations validated by the industry;
</text>
</clause>
<clause id="H00FA1D51D8744A148A18F846C519856D">
<enum>
(v)
</enum>
<text>
ensuring that the
State agency carrying out the State program under the Wagner-Peyser Act (29
U.S.C. 49 et seq.), including staff of the agency that provide services under
such Act, shall inform recipients of unemployment insurance of the job and
training opportunities that may result from the implementation of this
grant;
</text>
</clause>
<clause id="HEEB8321442284D5AA3C863A6E1CCED6A">
<enum>
(vi)
</enum>
<text>
informing and
collaborating with organizations such as youth councils, business-education
partnerships, apprenticeship programs, secondary schools, and postsecondary
educational institutions, and with parents and career counselors, for the
purpose of addressing the challenges of connecting disadvantaged adults and
disadvantaged youth as defined in section in this Act to careers;
</text>
</clause>
<clause id="H1D0D90F8E57245718D4ABB79918DAEA0">
<enum>
(vii)
</enum>
<text>
helping
companies identify, and work together to address, common organizational and
human resource challenges, such as—
</text>
<subclause id="HE3E2E68E73C74A4EB6E9A726989C70D0">
<enum>
(I)
</enum>
<text>
recruiting new
workers;
</text>
</subclause>
<subclause id="HAF9732A6E8CC45C28949AD2F78F99C25">
<enum>
(II)
</enum>
<text>
implementing
effective workplace practices;
</text>
</subclause>
<subclause id="H9BBD729232294AF09C37B3989BB18D5C">
<enum>
(III)
</enum>
<text>
retraining
dislocated and incumbent workers;
</text>
</subclause>
<subclause id="H6822793E3C2A40CABB3D173D086288D7">
<enum>
(IV)
</enum>
<text>
implementing a
high-performance work organization;
</text>
</subclause>
<subclause id="H037442389446495E817681754B496B56">
<enum>
(V)
</enum>
<text>
recruiting and
retaining women in nontraditional occupation;
</text>
</subclause>
<subclause id="H6E8534C791174AD283EC1D66FF9DB099">
<enum>
(VI)
</enum>
<text>
adopting new
technologies; and
</text>
</subclause>
<subclause id="H2138F4E4995041A084832C21CC3A6FE9">
<enum>
(VII)
</enum>
<text>
fostering
experiential and contextualized on-the-job learning;
</text>
</subclause>
</clause>
<clause id="H6FEEEDD19B8D423CA7ACFB2DE825303D">
<enum>
(viii)
</enum>
<text>
developing and
strengthening career ladders within and across companies, in order to enable
dislocated, incumbent and entry-level workers to improve skills and advance to
higher-wage jobs;
</text>
</clause>
<clause id="H0A47A0A7171A479EA7BB832F11FE7DDF">
<enum>
(ix)
</enum>
<text>
improving job
quality through improving wages, benefits, and working conditions;
</text>
</clause>
<clause id="H834E3BD0FF174A589DB07BFF7B9ABB73">
<enum>
(x)
</enum>
<text>
helping partner
companies, industry or sector partnerships to attract potential employees from
a diverse job seeker base, including individuals with barriers to employment
(such as job seekers who are low income, youth, older workers, and individuals
who have completed a term of imprisonment), by identifying such barriers
through analysis of the existing labor market and implementing strategies to
help such workers overcome such barriers; and
</text>
</clause>
<clause id="H2570FC5860C8437FBD93CFBD95C38687">
<enum>
(xi)
</enum>
<text>
strengthening
connections among businesses in the targeted industry cluster, leading to
cooperation beyond workforce issues that will improve competitiveness and job
quality, such as joint purchasing, market research, or centers for technology
and innovation; and
</text>
</clause>
</subparagraph>
<subparagraph id="H713211A3EB0B4063A951524E589780D7">
<enum>
(C)
</enum>
<text>
implementing
credential attainment and measurement strategies, which may include—
</text>
<clause id="HEB32775AAF3647EFB1819239876A4E85">
<enum>
(i)
</enum>
<text>
establishing a
cross agency committee (such as the State workforce investment board, a
legislative task force, a P–20 Council, or some other agreed upon group) that
is specifically focused on low and middle skill education and training outcomes
to measure credential attainment through the State’s workforce investment and
training programs, by—
</text>
<subclause id="HC85090C2ED47496A914E62EAFB86ED4B">
<enum>
(I)
</enum>
<text>
tracking,
counting, measuring and public reporting credential attainment rates for all
programs providing education and training beyond a high school diploma but less
than a 4-year degree;
</text>
</subclause>
<subclause id="HADBE9F5FA2054F3296A2C3A7030D0BC6">
<enum>
(II)
</enum>
<text>
measuring the
result of workforce training programs leading to an recognized postsecondary
credential, certificate of degree;
</text>
</subclause>
<subclause id="H3E36E5CA30C24F1399C6597FEDA69E52">
<enum>
(III)
</enum>
<text>
establishing
statewide policies, goals, and guidelines for the collection of credential
outcome data for all employment and training programs and related programs and
services within the State;
</text>
</subclause>
<subclause id="H390B8BBFE90448629B331B4711379F41">
<enum>
(IV)
</enum>
<text>
engaging other
related departments and agencies that may have data or are involved in
activities related to workforce development and job training;
</text>
</subclause>
<subclause id="HA8B1FC98D0D64DA5A095D6C07485D7B6">
<enum>
(V)
</enum>
<text>
establishing
standards and data collection infrastructure to assess the number of
industry-recognized middle skill credentials or certificates produced through
Federal or State programs, and their relation to labor market needs;
</text>
</subclause>
<subclause id="H92E08F65EDA74C3CBA15A8508693AB99">
<enum>
(VI)
</enum>
<text>
setting
credential attainment goals in high demand industry sector then monitor and
measure progress over time; and
</text>
</subclause>
<subclause id="H95F25BC8176E453AB1903FADA9F49FB7">
<enum>
(VII)
</enum>
<text>
providing an
annual assessment and report to the Governor and Legislature about the type of
credential outcomes produced by programs and provide recommendations to better
align efforts across agencies to meet employer demand;
</text>
</subclause>
</clause>
<clause id="HE538D911A8494F89B252B7005CBF66B7">
<enum>
(ii)
</enum>
<text>
ensuring the
collection of credential outcome data from a range of public workforce and
education programs to ensure State agencies and programs are increasing the
number of workers with the skills and credentials needed to fill the projected
demand for middle and high skilled jobs;
</text>
</clause>
<clause id="H1B3D18FA7979433B935D797789CFC1AB">
<enum>
(iii)
</enum>
<text>
using the data
in order to assess workforce system outcomes, establish credential attainment
goals, measure progress, and hold agencies accountable to increase the skills
of the workforce; and
</text>
</clause>
<clause id="HC9FEEA3122AA4528967357F4AFF02375">
<enum>
(iv)
</enum>
<text>
developing a
comprehensive workforce system report that provides individual agency outcomes
and statewide representation of the credential attainment outcomes of the
State’s workforce investment system.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H6106A40E2ED44B7B86C2E18C903AEEB2">
<enum>
(5)
</enum>
<text>
A description of a
pay-for-performance approach for providers of education, training, and
employment services to individuals with barriers to employment, including
services targeted to addressing the specific challenges and conditions that
have created barriers for participants in programs under this Act.
</text>
</paragraph>
</subsection>
<subsection id="H49FC1EF9690B4E859CC68E19538592AC">
<enum>
(f)
</enum>
<header>
Award
basis
</header>
<paragraph id="HC89EC15A7AA3480CAC2740F06C0B84B1">
<enum>
(1)
</enum>
<header>
Geographic
distribution
</header>
<text>
The Secretary of Labor and the Secretary of
Education shall award competitive grants under this section in a manner to
ensure geographic diversity.
</text>
</paragraph>
<paragraph id="H677AC211884F4F4B9D18D169BC430319">
<enum>
(2)
</enum>
<header>
Priorities
</header>
<text>
In
awarding grants under this section, the Secretaries shall give priority to
eligible entities that—
</text>
<subparagraph id="H3B66D80D8D5A4ACFA26F3AE1208F7BC0">
<enum>
(A)
</enum>
<text>
provide evidence
of past or current investments in workforce innovation projects that
incorporate one or more of the priority strategies;
</text>
</subparagraph>
<subparagraph id="H837C26505DD849B8B840F32CA7FB0688">
<enum>
(B)
</enum>
<text>
focus on
addressing the skill needs of multiple employers, including small- and
medium-sized businesses; or
</text>
</subparagraph>
<subparagraph id="H233F6FEF677146D09F8A1C6458732D95">
<enum>
(C)
</enum>
<text>
target services to
low-income individuals, low-skill individuals, long-term unemployed, and other
populations with barriers to employment.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H4F407FEC40C241919B5440FF8C50D3C9">
<enum>
(g)
</enum>
<header>
Activities
</header>
<paragraph id="HE611449346524E2181C9226BBEFA4AF6">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
An eligible entity receiving a grant under this section
shall carry out the activities necessary to meet the strategic objectives,
including planning activities if applicable, described in the entity’s
application in a manner that—
</text>
<subparagraph id="H3BFF29DEE55149708BF6FF2BD1916C53">
<enum>
(A)
</enum>
<text>
integrates
services and funding sources in a way that enhances the effectiveness of the
activities; and
</text>
</subparagraph>
<subparagraph id="HE5DFEBC3401A4B90966CFD4403D8CD20">
<enum>
(B)
</enum>
<text>
uses grant funds
awarded under this section efficiently.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2B2849452A93468F9504C7C2AF34B5BE">
<enum>
(2)
</enum>
<header>
Administrative
costs
</header>
<text>
An eligible entity may retain a portion of a grant awarded
under this section for a fiscal year to carry out the administration of this
section in an amount not to exceed 5 percent of the grant amount.
</text>
</paragraph>
</subsection>
<subsection id="HBDC02E6F3AF74A379A751CCB1721DBE4">
<enum>
(h)
</enum>
<header>
Evaluation and
progress reports
</header>
<paragraph id="HFEC7D47622C744F6BA0D2DD3E8BD46B5">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Not later than 1 year after receiving a grant under this
section, and annually thereafter during the grant period, an eligible entity
shall report to the Secretary of Labor and the Secretary of Education, and to
the Governor of the State that the eligible entity serves, on the spending and
activities funded pursuant to a grant under this section, including an
evaluation of the progress the eligible entity has made toward the strategic
objectives identified in the application and measure the progress using the
performance accountability measures identified in the application.
</text>
</paragraph>
<paragraph id="HA6EE6E1B322244379CFB2667AB6351EB">
<enum>
(2)
</enum>
<header>
Public
availability
</header>
<text>
The Secretary shall transmit such reports to the
Congress and make such reports available to the public.
</text>
</paragraph>
</subsection>
<subsection id="H550F68E699924C039A98AD95C3562AA2">
<enum>
(i)
</enum>
<header>
Administration
by the Secretaries
</header>
<paragraph id="HCBAF6EBAC8DE496BA9515295909F57D3">
<enum>
(1)
</enum>
<header>
Administrative
costs
</header>
<text>
The Secretaries may jointly retain a total of not more than
3 percent of the funds appropriated to carry out this section for each fiscal
year to administer this section, including technical assistance and evaluation
activities.
</text>
</paragraph>
<paragraph id="H323C12C7C5864E20AEA73CAE2665D08C">
<enum>
(2)
</enum>
<header>
Technical
assistance and oversight
</header>
<text>
The Secretaries shall provide technical
assistance and oversight to assist the eligible entities in applying for and
administering grants awarded under this section, including technical assistance
and through the collection and dissemination of information on best
practices.
</text>
</paragraph>
<paragraph id="H91A65809D25B43EA98A875B9C255598F">
<enum>
(3)
</enum>
<header>
Performance
accountability measures
</header>
<text>
The Secretaries shall issue a range of
performance measures, with quantifiable benchmarks, and methodologies that
eligible entities may use to evaluate the effectiveness of each type of
activity in making progress toward the strategic objectives described in the
application. Such measures shall consider the benefits of the innovative
workforce development projects and its activities for workers, firms,
industries, and communities.
</text>
</paragraph>
<paragraph id="HE92BC8541105497EB08A8B2E51767D1D">
<enum>
(4)
</enum>
<header>
Dissemination
</header>
<text>
The
Secretaries shall—
</text>
<subparagraph id="H30CB42D6D6544DC5AAE33FBC156AE350">
<enum>
(A)
</enum>
<text>
coordinate the
annual review of each eligible entity receiving a grant under this section and
produce an overview report that, at a minimum, includes each funded project and
best practices identified;
</text>
</subparagraph>
<subparagraph id="H2C6863F252B94EE889283B417A418A4A">
<enum>
(B)
</enum>
<text>
make resource
materials, including all reports published and all data collected under this
section, available on the Internet; and
</text>
</subparagraph>
<subparagraph id="H21CDA56E0B96456FAB9FC90EF6C614F0">
<enum>
(C)
</enum>
<text>
conduct
conferences and seminars to—
</text>
<clause id="H8AF5B7409B9E401EAE9FC313E80E2462">
<enum>
(i)
</enum>
<text>
disseminate
information on best practices developed by eligible entities receiving a grant
under this section; and
</text>
</clause>
<clause id="HB8E003DC60D4450995F666812B6CBC70">
<enum>
(ii)
</enum>
<text>
provide
information to interested stakeholders.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H2E092483577244E3A75F12B53B8240FD">
<enum>
(5)
</enum>
<header>
Report to
Congress
</header>
<text>
Not later than 24 months after the date of enactment of
the
<short-title>
Workforce Investment Act of
2013
</short-title>
and on an annual basis thereafter, the Secretaries shall
transmit a report to Congress on the grant program established by this section.
The report shall include a description of—
</text>
<subparagraph id="H136226A55E714B2CB1A37F67659DC0EB">
<enum>
(A)
</enum>
<text>
the eligible
entities receiving funding;
</text>
</subparagraph>
<subparagraph id="HA620DB4490624962AD1B8571A6BB2490">
<enum>
(B)
</enum>
<text>
the spending and
activities carried out by the eligible entities;
</text>
</subparagraph>
<subparagraph id="HFE6C911BACFA488EBB71325F6E6ECB02">
<enum>
(C)
</enum>
<text>
how the eligible
entities were selected to receive funding under this section; and
</text>
</subparagraph>
<subparagraph id="H0105B507F0FE4290BA1E5A1BBCB49271">
<enum>
(D)
</enum>
<text>
an assessment of
the results achieved by the grant program including findings from the annual
reviews conducted under subsection (i).
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="HC2B685A49E074D0B8B49B814C34D670E">
<enum>
171B.
</enum>
<header>
Youth
Innovation and best practices grants
</header>
<subsection id="H59AFE9CA18C44E958C8838FC8177E8E6">
<enum>
(a)
</enum>
<header>
Program
authorized
</header>
<paragraph id="H8216FF6090A04A94B23899A59EB4CA6D">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary of Labor and the Secretary of Education,
shall—
</text>
<subparagraph id="HCD7B50718EAE43D78CF9A5A0F29E3A08">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
for the first program year that begins
after the date of enactment of the Workforce Investment Act of 2012, award
transition grants in accordance with section 176; and
</text>
</subparagraph>
<subparagraph id="H9B32666D2CDD41A885F21C716E648D43">
<enum>
(B)
</enum>
<text>
with funds not
awarded for transition grants under paragraph (1) for the first program year
that begins after the date of enactment of the Workforce Investment Act of
2012, and with the funds reserved for each program year thereafter, award youth
innovation and replication grants to eligible entities described in subsection
(c) for the purposes described in subsection (b).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HDA3030A1FEC443E59A20292EC92820B1">
<enum>
(b)
</enum>
<header>
Authorization
and purpose of grants
</header>
<paragraph id="H3587D307A9D541A694D120C3A7DFF4EF">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
From funds appropriated pursuant to section 174, the
Secretary of Labor and the Secretary of Education shall award youth innovation
and replication grants on a competitive basis to eligible entities described in
subsection (c).
</text>
</paragraph>
<paragraph id="H9FF34BE22D334AADA86327ABACEBE533">
<enum>
(2)
</enum>
<header>
Use of
funds
</header>
<text>
The grants awarded under this section shall be used to
support the demonstration of innovative new strategies and activities, or the
replication and expansion of effective evidence-based strategies and activities
that are designed to substantially improve education and employment outcomes
for eligible youth, including preparation for post secondary education and
training and for careers. Such strategies and activities shall include—
</text>
<subparagraph id="HB6CB026ABF1F432BA14A76ADF9435078">
<enum>
(A)
</enum>
<text>
establishing
career pathways in in-demand industry sectors and occupations for eligible
youth, in collaboration with other Federal, State, and local programs, and
public and private entities;
</text>
</subparagraph>
<subparagraph id="HB2AD0895363D41C5A349F556727D3291">
<enum>
(B)
</enum>
<text>
developing and
implementing a comprehensive strategy, for an area of high poverty, that
provides education and training programs, resources, and other activities that
prepare youth for postsecondary education and training and for employment that
leads to economic self-sufficiency;
</text>
</subparagraph>
<subparagraph id="H989DE0107FC94E24831CB4DECC93B552">
<enum>
(C)
</enum>
<text>
developing and
implementing strategies and activities that provide opportunities for youth
with disabilities to receive education, training, and employment services that
lead to a recognized postsecondary credential or integrated, competitive
employment, including through incorporating elements of the individualized
education program and related services under the Individuals with Disabilities
in Education Act;
</text>
</subparagraph>
<subparagraph id="H57E2A90F26334D4BBC64C40EE6A74D4C">
<enum>
(D)
</enum>
<text>
developing and
implementing evidence-based strategies and activities, such as—
</text>
<clause id="H6525C745DAE047448532332E3467D0A7">
<enum>
(i)
</enum>
<text>
education offered
concurrently and contextually with workforce preparation and training for a
specific occupation or occupational cluster;
</text>
</clause>
<clause id="H269EEF17B24442259361EFC08212C3A9">
<enum>
(ii)
</enum>
<text>
career
academies;
</text>
</clause>
<clause id="HE7AFF25C407E406DB14E2A44779CEA36">
<enum>
(iii)
</enum>
<text>
dropout
prevention and recovery strategies;
</text>
</clause>
<clause id="H62DA3E82DB8D49938BBC43FE96341A8F">
<enum>
(iv)
</enum>
<text>
paid or unpaid
work experience, including summer employment opportunities and employment
opportunities available throughout the school year, combined with academic
learning leading to a recognized postsecondary credential;
</text>
</clause>
<clause id="H07FD3FEC2EE94D6199CCFE72CC00CE96">
<enum>
(v)
</enum>
<text>
innovative
programs for youth facing multiple barriers to employment that arrange for the
provision of or provide supportive services combined with education, training,
including preparation for postsecondary education and training, or employment
activities; or
</text>
</clause>
<clause id="HD70247295D7149FA9CD0C9E1B69BCA18">
<enum>
(vi)
</enum>
<text>
to include youth
service and conservation corps programs in which a project undertaken is
credited as qualifying experience for higher education, job training, or
careers in public service; or
</text>
</clause>
</subparagraph>
<subparagraph id="HB13DF369D88046DEA5DC0E5C9AF93FB3">
<enum>
(E)
</enum>
<text>
other
evidence-based strategies or activities designed to improve the education and
employment outcomes for youth.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H70115D46024F4031ADDC7DC0E2C5FA78">
<enum>
(c)
</enum>
<header>
Eligible
entities and application
</header>
<paragraph id="HED0D94210A7440508710820EC81CD2F7">
<enum>
(1)
</enum>
<header>
Eligible
entities
</header>
<text>
An entity eligible to receive a grant under this section
shall include—
</text>
<subparagraph id="HED9D401E250D429990A19DF4B09A628F">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H34637A5A17A74A07B99C6A99974AE201">
<enum>
(i)
</enum>
<text>
the Governor of a State
in coordination with the State board and with a local board for a local area
that is aligned with a region, or with all boards for local areas that comprise
a planning region, under section 116(c); or
</text>
</clause>
<clause id="H43598A14324C4D3F8CC290C2D49CBA2F" indent="up1">
<enum>
(ii)
</enum>
<text>
a local board for a local area
that is aligned with a region, or all local boards for local areas that
comprise a planning region, under section 116(c), in consultation with the
standing committee on youth associated with the local board; and
</text>
</clause>
</subparagraph>
<subparagraph id="HF1E98A9A93514FB3AAB4192AEE7349A8">
<enum>
(B)
</enum>
<text>
one or more of the
following:
</text>
<clause id="H0A576B34503D4336ACAC6939ACBFD8BF">
<enum>
(i)
</enum>
<text>
A
State education agency.
</text>
</clause>
<clause id="H2E0829275B034A2FBC11BEF61C805775">
<enum>
(ii)
</enum>
<text>
A
local education agency.
</text>
</clause>
<clause id="H2C6D3042280B4DCAA6B64F7FC6CDB971">
<enum>
(iii)
</enum>
<text>
A nonprofit
organization with expertise serving eligible youth, including a community-based
organization, youth corps, or an intermediary.
</text>
</clause>
<clause id="HF5600223E1964509BC893AA9AF1121CC">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
An institution of higher education,
including a community college and an area career and technical education
center.
</text>
</clause>
<clause id="H40EDB59A785A4F0089D52A85AD2FAEA1">
<enum>
(v)
</enum>
<text>
A
joint labor-management partnership.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H7487009AC22D44C6A40BECD7F55187DB">
<enum>
(2)
</enum>
<header>
Application
</header>
<text>
To
receive a grant under this subsection, an eligible entity shall submit an
application to the Secretary of Labor and the Secretary of Education at such
time, in such manner, and containing such information, consistent with this
paragraph, as the Secretaries may require. Each such application shall describe
the innovation and replication strategies and activities that the eligible
entity will carry out to strengthen the workforce investment system in the
State or region in order to substantially improve education and employment
outcomes for youth, such as youth with disabilities, served by such system, and
may include—
</text>
<subparagraph id="H49FE62ADACA2400387917CC4B1B1CFE7">
<enum>
(A)
</enum>
<text>
a description of
the region in the State or the State, as applicable, that will be the focus of
grant activities, including analyses of economic conditions, skill needs, the
workforce, and the workforce development services (including the strengths and
weaknesses of such services and the capacity to provide such services) that are
relevant to the proposed strategies and activities that would be carried out
under the grant;
</text>
</subparagraph>
<subparagraph id="HF7E159AF8B01452CB4FDE35E8E01EDE5">
<enum>
(B)
</enum>
<text>
a description of
the youth populations to be served, including individuals with barriers to
employment who are youth, and the skill needs of those populations;
</text>
</subparagraph>
<subparagraph id="HC0AE929E4F2645F6A471DF1695786AC0">
<enum>
(C)
</enum>
<text>
a description of
the promising strategies and activities the eligible entity is proposing to
demonstrate, or the evidence-based strategies and activities that the eligible
entity is proposing to expand or replicate;
</text>
</subparagraph>
<subparagraph id="H0F296783E7C145A1A1AFF3AF264A1F72">
<enum>
(D)
</enum>
<text>
a description of
how the eligible entity will meaningfully involve youth in the design and
implementation of the proposed strategies and activities;
</text>
</subparagraph>
<subparagraph id="HDCC71BFC29574145B41A5EDDF3843291">
<enum>
(E)
</enum>
<text>
a description of
how, in carrying out such strategies and activities, the eligible entity
will—
</text>
<clause id="H5AB063DD55CD452089E91B02ACDBC08D">
<enum>
(i)
</enum>
<text>
collaborate to
leverage resources among strategic partners to achieve the purposes of the
grant, and to provide the matching share described in subsection (d)(2);
and
</text>
</clause>
<clause id="H6B0A0ECC6DB54BCAB6AC370AFC9058AC">
<enum>
(ii)
</enum>
<text>
ensure the
sustainability of the programs and activities supported by the grant after
grant funds are no longer available;
</text>
</clause>
</subparagraph>
<subparagraph id="H40C1553853A747BA845244C5E3AD6D15">
<enum>
(F)
</enum>
<text>
a description of
how the strategies and activities will be aligned with the State plan and the
local plans in the region of the State that will be the focus of grant
activities;
</text>
</subparagraph>
<subparagraph id="H7F9D2A7327504604A356BAF6913428DE">
<enum>
(G)
</enum>
<text>
a description of
the outcomes, including outcomes for the performance accountability measures
based on indicators of performance described in section 136(b)(2)(A)(ii), to be
achieved by the proposed strategies and activities; and
</text>
</subparagraph>
<subparagraph id="H0AD761B223B84BD99A701AF76D125707">
<enum>
(H)
</enum>
<text>
a description of
how the eligible entity will—
</text>
<clause id="H8988777CDA0F4CEFB449AFF512853A7A">
<enum>
(i)
</enum>
<text>
use
technology;
</text>
</clause>
<clause id="HAA2F3C22ADB6486ABEEDEB0D4EBE8D38">
<enum>
(ii)
</enum>
<text>
collect
data;
</text>
</clause>
<clause id="H6C723287E55E46C5A90150F6B8F176EC">
<enum>
(iii)
</enum>
<text>
made data
publicly available; and
</text>
</clause>
<clause id="H88084E08151846FF9FB8819D9FC5E7D9">
<enum>
(iv)
</enum>
<text>
use technology
and date to improve program delivery, activities, and administration.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HE758326533074580B624CE8EE76D3508">
<enum>
(d)
</enum>
<header>
Matching funds
requirements
</header>
<paragraph id="HF2181CA277F04791A0AA7871F84AF423">
<enum>
(1)
</enum>
<header>
Innovation fund
share
</header>
<text>
The amount of the share of the funds provided under this
section shall be not greater than 50 percent of the cost of the programs and
activities that are carried out under the grant.
</text>
</paragraph>
<paragraph id="H498915D24BA14810A41CF2A8F2E5896C">
<enum>
(2)
</enum>
<header>
Matching
share
</header>
<subparagraph id="H4F75A47CE29E4DB4A2584DE7EABFFB7E">
<enum>
(A)
</enum>
<header>
In
general
</header>
<clause id="HF7195A2E2C6A4B57A0D95679CE1EA7CA">
<enum>
(i)
</enum>
<header>
Amount
</header>
<text>
The
amount of the matching share under this subsection for a program year may not
be less than 50 percent of the costs of the programs and activities that are
carried out under the grant.
</text>
</clause>
<clause id="H400DC83F8C77475A87B02B8188F24B19">
<enum>
(ii)
</enum>
<header>
In cash or
kind
</header>
<text>
The matching share may be in cash or in kind (fairly
evaluated).
</text>
</clause>
<clause id="HC74CB52E630C49DFBA7C55F9CC792F47">
<enum>
(iii)
</enum>
<header>
Sources
</header>
<text>
Not
more than 50 percent of the matching share required under this subsection may
be provided from Federal resources, of which not less than 50 percent shall be
provided from Federal resources from the partner programs identified in the
application other than resources provided under the core programs. Non-Federal
sources for the matching share may include State resources, local resources,
contributions from private organizations, or a combination of such resources
and contributions.
</text>
</clause>
</subparagraph>
<subparagraph id="H175F6882647C4A27A5E6A1060D4484F9">
<enum>
(B)
</enum>
<header>
Financial
hardship waiver
</header>
<text>
The Secretary of Labor and the Secretary of
Education may waive or reduce the matching share of an eligible entity that has
submitted an application under this subsection if such entity demonstrates a
need for such waiver or reduction due to extreme financial hardship as defined
by the Secretary of Labor and the Secretary of Education.
</text>
</subparagraph>
<subparagraph id="H2C2BB0FC736642089150B547B9A48350">
<enum>
(C)
</enum>
<header>
Supplement not
supplant
</header>
<text>
The Federal and matching share required by this
subsection shall be used to supplement and not supplant other Federal and State
funds used to carry out activities described in this subsection.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H15B92251B22A4B9C8A544AC10114A11E">
<enum>
(e)
</enum>
<header>
Grant
period
</header>
<text>
Grants awarded under this subsection shall be awarded for
periods of not more than 3 years in duration and may not be renewed.
</text>
</subsection>
<subsection id="HCCE6A1D05F0D433D86EADC31D874071D">
<enum>
(f)
</enum>
<header>
Reporting
</header>
<text>
The
Secretary of Labor and the Secretary of Education are authorized to establish
appropriate reporting requirements for grantees under this subsection.
</text>
</subsection>
<subsection id="H8A6AA57AABB241E6B23FCFADA48810E0">
<enum>
(g)
</enum>
<header>
Technical
assistance and evaluation
</header>
<text>
For each program year for which funds
are available to carry out this section, the Secretary of Labor and the
Secretary of Education may reserve a total of not more than 3 percent of the
amount available to carry out this subsection to provide technical assistance
to applicants and grantees under this subsection and to evaluate projects
carried out under this subsection. The Secretaries shall ensure that the
results of the evaluations are publicly available, including through electronic
means.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H8C7494E9669F4515B1DA069C3D5BE2F3">
<enum>
158.
</enum>
<header>
Evaluations
</header>
<text display-inline="no-display-inline">
Section 172 is amended—
</text>
<paragraph id="H8131A31B097C42F6A39B1ED7BBE516E1">
<enum>
(1)
</enum>
<text>
in subsection
(a)(2), by inserting
<quote>
accountability
</quote>
after
<quote>
performance
</quote>
;
</text>
</paragraph>
<paragraph id="HB15FBED1521942188B83B758863BF10D">
<enum>
(2)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H0856AA37A06B441188C92F9468299944">
<enum>
(A)
</enum>
<text>
by striking
<quote>
as least
</quote>
and inserting
<quote>
at least
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HD6FC78AAC6E0477E8227ECB342FDEE25">
<enum>
(B)
</enum>
<text>
by striking
<quote>
2005
</quote>
and inserting
<quote>
2016
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H4ECB2FE44FF64F08AB3CEC84EBCB1E22">
<enum>
(3)
</enum>
<text>
in subsection (e),
by striking
<quote>
Labor and Human Resources
</quote>
and inserting
<quote>
Health, Education, Labor, and Pensions
</quote>
; and
</text>
</paragraph>
<paragraph id="H5AFEC5DC76B248EEAAC25BD07768E2A6">
<enum>
(4)
</enum>
<text>
by redesignating
subsection (f) as subsection (g) and inserting after subsection (e) the
following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H67C12D1AAFE24859A1ECB89C2FC64061" style="OLC">
<subsection id="H1E3F4CF5C019439B998579D5B7298648">
<enum>
(f)
</enum>
<header>
Publication of
reports
</header>
<text>
If an entity that enters into a contract or other
arrangement with the Secretary to conduct an evaluation of a program or
activity under this section requests permission from the Secretary to publish a
report resulting from the evaluation, such entity may publish the report unless
the Secretary denies the request during the 90-day period beginning on the date
the Secretary receives such
request.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HC52F8F9174DA4210B8E47B5B5DC8A5BA">
<enum>
159.
</enum>
<header>
National
dislocated worker grants
</header>
<text display-inline="no-display-inline">
Section 173 is amended—
</text>
<paragraph id="H9ACBE9A9C643462685884491D9761024">
<enum>
(1)
</enum>
<text>
in the section
heading, by striking
<quote>
<header-in-text level="section" style="OLC">
emergency
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
dislocated
worker
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="HEC50C435A893482B9C198E3E1DD311DD">
<enum>
(2)
</enum>
<text>
by striking
subsection (b) and redesignating subsection (a) as subsection (b), and
inserting before such redesignated subsection the following new
subsection:
</text>
<quoted-block display-inline="no-display-inline" id="HF34A8AB20893406FABFD751C1521D4EE" style="OLC">
<subsection id="HAAC2A35643A1413385AB159142B972E5">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text>
In
this section—
</text>
<paragraph id="HE1AFAE86DDF147AF960D09A47CFB94E3">
<enum>
(1)
</enum>
<text>
the term
<term>
emergency or disaster
</term>
means—
</text>
<subparagraph id="H27984EB1B9B541989B72E88C125DF31F">
<enum>
(A)
</enum>
<text>
an emergency or a
major disaster, as defined in paragraphs (1) and (2), respectively, of section
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122 (1) and (2)); or
</text>
</subparagraph>
<subparagraph id="HA15FF1D8985040289FF2D7793F0575AA">
<enum>
(B)
</enum>
<text>
an emergency or
disaster situation of national significance that could result in a potentially
large loss of employment, as declared or otherwise recognized by the chief
official of a Federal agency with authority for or jurisdiction over the
Federal response to the emergency or disaster situation; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HE6820AE606E24D0AB53FC8DBADF77A9C">
<enum>
(2)
</enum>
<text>
the term
<term>
disaster area
</term>
means an area that has suffered or in which has
occurred an emergency or
disaster.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HA5B48F1393FE49AF973A8FCD44AFD80D">
<enum>
(3)
</enum>
<text>
in subsection (b)
(as so redesignated)—
</text>
<subparagraph id="H260309070EBD4114A0FD666A07A361A9">
<enum>
(A)
</enum>
<text>
by striking
paragraph (4) and redesignating paragraphs (1) through (3) and (4) as
subparagraphs (A) through (C), respectively, and moving such subparagraphs (as
so redesignated) 2 ems to the right;
</text>
</subparagraph>
<subparagraph id="HFD5AA1282B9048EE8BFB2C20AF9E1D33">
<enum>
(B)
</enum>
<text>
in the matter
preceding subparagraph (A) (as so redesignated)—
</text>
<clause id="H97CDE2E3732A4C00894501AC13869DA3">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
The Secretary
</quote>
and inserting:
</text>
<quoted-block display-inline="no-display-inline" id="H9AE5E63D148F41D2B901952667AD4334" style="OLC">
<paragraph id="H813808496C2942ED86F6A91118AC967C">
<enum>
(1)
</enum>
<header>
Grants
</header>
<text display-inline="yes-display-inline">
The
Secretary
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HA93C16AEC65B4FD2AE714FC3F5801857">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
emergency grants in a timely manner
</quote>
and inserting
<quote>
dislocated worker grants
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HBACEE391E8E74CEAA58A704A55B9BA62">
<enum>
(C)
</enum>
<text>
in subparagraph
(A) (as so redesignated), by striking
<quote>
subsection (c)
</quote>
and
inserting
<quote>
subsection (c)(1)(B)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H65FA6A876BBB447FA85A4DB40B26EAE7">
<enum>
(D)
</enum>
<text>
in subsection (B)
(as so redesignated), by striking
<quote>
an area that has suffered
</quote>
and
all that follows and insert
<quote>
a disaster area, to provide disaster relief
employment in the disaster area
</quote>
;
</text>
</subparagraph>
<subparagraph id="H2118586BF01F4D5AAC9D34F5DAB80BE8">
<enum>
(E)
</enum>
<text>
in subparagraph
(C) (as so redesignated), by striking
<quote>
paragraphs (1) and (2)
</quote>
and
inserting
<quote>
subparagraphs (A) and (B)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H434E88DF30E34995876FAD8EBDAA872F">
<enum>
(F)
</enum>
<text>
by inserting after
subparagraph (C) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD877D2BDF8C44C44B5E650DF1756CCFE" style="OLC">
<subparagraph id="H3B247A69B1BC43AEA2B9C1FD1514D038">
<enum>
(D)
</enum>
<text>
to provide
additional assistance to a State board or local board serving an area
where—
</text>
<clause id="HCCBC406CFB1243A3A502325899EB613C">
<enum>
(i)
</enum>
<text>
a
higher-than-average demand for employment and training activities for
dislocated members of the Armed Forces, spouses described in section
101(14)(E), or members of the Armed Forces described in subsection
(c)(2)(A)(iv), exceeds State and local resources for providing such activities;
and
</text>
</clause>
<clause id="H516F2081E77A4385819987CEC320A0A2">
<enum>
(ii)
</enum>
<text>
such activities
are to be carried out in partnership with the Department of Defense and
Department of Veterans Affairs transition assistance programs; and
</text>
</clause>
</subparagraph>
<subparagraph id="HD9874DD7E47945A5A891AEF46AFF5FCB">
<enum>
(E)
</enum>
<text>
from funds
appropriated under section 174(c), to a State or entity described in subsection
(c)(1)(B) to carry out—
</text>
<clause id="H92D0BAE1E3474B0D9952ED12A959302C">
<enum>
(i)
</enum>
<text>
subsection (e),
including providing assistance to eligible individuals; and
</text>
</clause>
<clause id="H74C03A170DE447748E5786269082AB19">
<enum>
(ii)
</enum>
<text>
subsection (f),
including providing assistance to eligible individuals.
</text>
</clause>
</subparagraph>
<paragraph id="HD3F9F42D25724ED5AD6C5FC7DFC6803B">
<enum>
(2)
</enum>
<header>
Decisions and
obligations
</header>
<text display-inline="yes-display-inline">
The Secretary
shall issue a final decision on a complete application for a national
dislocated worker grant under this subsection not later than 45 calendar days
after receipt of the application.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H6E309DFBCCED47D4993145258820A591">
<enum>
(4)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H490D91CC48BF4B64AA5F6E81CE906AB0">
<enum>
(A)
</enum>
<text>
in paragraph
(1)(A), by striking
<quote>
subsection (a)(1)
</quote>
and inserting
<quote>
subsection (b)(1)(B)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA8DC1ADC83E2412D8254148360AF09BE">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H18AB90EAC68047BC8CEE95D77BD05656">
<enum>
(i)
</enum>
<text>
in
the matter preceding subparagraph (A), by striking
<quote>
emergency
</quote>
and
inserting
<quote>
dislocated worker
</quote>
; and
</text>
</clause>
<clause id="H7672B3A7B175452A8C67C221E950E3F6">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (C), by striking
<quote>
emergency
</quote>
and inserting
<quote>
dislocated worker
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H80BD4DAC4A564B61A898183EF7A52B93">
<enum>
(5)
</enum>
<text>
in subsection
(d)—
</text>
<subparagraph id="HC554F5A621874707AEA91161FB82A180">
<enum>
(A)
</enum>
<text>
by striking
<quote>
subsection (a)(2)
</quote>
each place it appears and inserting
<quote>
subsection (b)(1)(B)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H912F4BB4212E4A9182E0DA9FBF45D42E">
<enum>
(B)
</enum>
<text>
in paragraph
(1)(A)—
</text>
<clause id="H60BF5C393C0B4559807334898DF2A72D">
<enum>
(i)
</enum>
<text>
by
inserting
<quote>
, in coordination with the Administrator of the Federal
Emergency Management Agency, as applicable,
</quote>
after
<quote>
shall be
used
</quote>
; and
</text>
</clause>
<clause id="HD01A9C8CF3B44869A86F1B12C15723C3">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
structures
</quote>
and inserting
<quote>
public
structures
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HAA79F04313734E1E90370A7B7A08883C">
<enum>
(C)
</enum>
<text>
in paragraph (2),
by inserting
<quote>
emergency or
</quote>
after
<quote>
consequence of
the
</quote>
;
</text>
</subparagraph>
<subparagraph id="HBD094DA06D0547AB81EEA5291E69E4D5">
<enum>
(D)
</enum>
<text>
in paragraph
(3)—
</text>
<clause id="H7CB915EDDAFA4E0A8AE27964306E0A9B">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
No individual
</quote>
and inserting:
</text>
<quoted-block display-inline="no-display-inline" id="HA848C6D2FCA14A509BA5D6E13A4FDA57" style="OLC">
<subparagraph id="H0DBEADCC57B044D1AC6CDD90AA966C00">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Except as provided in
subparagraph (B), no
individual
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H4EFB521E9FAC4E46B860033A22BB6D84">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
natural disaster
</quote>
and inserting
<quote>
emergency or
disaster
</quote>
; and
</text>
</clause>
<clause id="HB19518220A5F404887F8B479F8678C17">
<enum>
(iii)
</enum>
<text>
by
adding at the end the following new subparagraph:
</text>
<quoted-block display-inline="no-display-inline" id="H0D1C660DC764497C8601AC90D06E2C39" style="OLC">
<subparagraph id="H713ACCDE195247AA9056E47161DC9402">
<enum>
(B)
</enum>
<header>
Extension
</header>
<text>
At
the request of a State, the Secretary may extend such employment, related to
recovery from a single emergency or disaster involving the State, for not more
than an additional 6 months.
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HA8E2BA9A9D3B42BBA3A018E37507E413">
<enum>
(E)
</enum>
<text>
by adding at the
end the following new paragraphs:
</text>
<quoted-block display-inline="no-display-inline" id="H5DF26677286D43709911F499F57D2379" style="OLC">
<paragraph commented="no" display-inline="no-display-inline" id="H43EBD1BABE1F4C109F83315EC40838CA">
<enum>
(4)
</enum>
<header display-inline="yes-display-inline">
Use of available funds
</header>
<text display-inline="yes-display-inline">
Funds made available under subsection
(b)(1)(B) shall be available to assist workers described in paragraph (2) who
are affected by an emergency or disaster, including workers who have relocated
from an area in which an emergency or disaster has been declared or otherwise
recognized, as appropriate. Under conditions determined by the Secretary and
following notification to the Secretary, a State may use such funds, that are
appropriated for any fiscal year and available for expenditure under any grant
awarded to the State under this section, to provide any assistance authorized
under this subsection. Funds used pursuant to the authority provided under this
paragraph shall be subject to the liability and reimbursement requirements
described in paragraph (5).
</text>
</paragraph>
<paragraph id="HAB881B3299524C3080532CA98F075CCF">
<enum>
(5)
</enum>
<header>
Liability and
reimbursement
</header>
<text>
Nothing in this Act shall be construed to relieve
liability, by a responsible party that is liable under Federal law, for any
costs incurred by the United States under subsection (b)(1)(B) or this
subsection, including the responsibility to provide reimbursement for such
costs to the United
States.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H2DE5AA28EF54436FA1B0B3A1AB3920B1">
<enum>
(6)
</enum>
<text>
by striking
subsection (e) and redesignating subsections (f) and (g) as subsections (e) and
(f), respectively;
</text>
</paragraph>
<paragraph id="H298AB316EEF747E799C1CBC04042017F">
<enum>
(7)
</enum>
<text>
in subsection (e)
(as so redesignated)—
</text>
<subparagraph id="H298EEE91581D411389067B0064113CA0">
<enum>
(A)
</enum>
<text>
by striking
<quote>
paragraph (4)(A) of subsection (a)
</quote>
each place it appears and
inserting
<quote>
subsection (b)(1)(E)(i)
</quote>
;
</text>
</subparagraph>
<subparagraph id="HB0F30A7EBDFA48D2940FEE8C1967E746">
<enum>
(B)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="H952EEFC3137243A4BAC96CD54A7F5B64">
<enum>
(i)
</enum>
<text>
in
subparagraph (A), by striking
<quote>
clauses (i) through (v)
</quote>
and
inserting
<quote>
clauses (i) through (iv)
</quote>
;
</text>
</clause>
<clause id="H5A2954BBFDD84A2A92FA1C61880A2A24">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B)(iii), by striking
<quote>
enactment of this clause
</quote>
and
inserting
<quote>
enactment of the American Recovery and Reinvestment Act of
2009 (
<external-xref legal-doc="public-law" parsable-cite="pl/111/5">
Public Law 111–5
</external-xref>
, 123 Stat. 115)
</quote>
; and
</text>
</clause>
<clause id="HAED50A51F2E74AEA923831C7CE67F797">
<enum>
(iii)
</enum>
<text>
in
subparagraph (C), by striking
<quote>
subsection (g)
</quote>
and inserting
<quote>
subsection (f)
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H1A8F7EBF887C4CA6AE8F556A55E23976">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
in paragraph (2), by striking
<quote>
subsection (g)
</quote>
and inserting
<quote>
subsection
(f)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H665D036259C9455A94FE44ABABACCC89">
<enum>
(D)
</enum>
<text>
in paragraph
(3)(A)(i), by striking
<quote>
not later than
</quote>
and inserting
<quote>
notwithstanding subsection (b)(2), not later than
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HD788D7E980464D228E3B153B10FE4EBC">
<enum>
(E)
</enum>
<text>
in paragraph
(7)(A)—
</text>
<clause id="HD15D4F6BD2A74D72847AE81723D3D4E5">
<enum>
(i)
</enum>
<text>
in
clause (i), by striking
<quote>
section 4980B
</quote>
and inserting
<quote>
section 4980B(f)(4)
</quote>
; and
</text>
</clause>
<clause id="HD978AA1A0FA949E3BB78431280F34538">
<enum>
(ii)
</enum>
<text>
in
clause (ii)(I), by striking
<quote>
clause (i), (ii), or (vi) of paragraph
(2)(A))
</quote>
and inserting
<quote>
subparagraph (A), (B), or (F) of section
35(e)(1) of such Code)
</quote>
; and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H48A409EACA924085AD50B758D423A44F">
<enum>
(8)
</enum>
<text>
in subsection (f),
(as so redesignated)—
</text>
<subparagraph id="HE6D26F217ADD494EA35D2A085D374750">
<enum>
(A)
</enum>
<text>
by striking
<quote>
paragraph (4)(A) of subsection (a)
</quote>
each place it appears and
inserting
<quote>
subsection (b)(1)(E)(i)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H0EED464FBC4C4C02912532D550AAA60F">
<enum>
(B)
</enum>
<text>
in paragraph (1),
by striking
<quote>
subsection (f)(1)(A)
</quote>
and inserting
<quote>
subsection
(e)(1)(A)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H2C9628A0E85A4733890894673AB1FD1A">
<enum>
(C)
</enum>
<text>
in paragraph
(4)—
</text>
<clause id="H643ED8FB3D5143598B4AF55EC632C9F3">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)—
</text>
<subclause id="HF4C8E0DB2F574213A19B339090A643B0">
<enum>
(I)
</enum>
<text>
in the matter
preceding clause (i), by striking
<quote>
this subsection
</quote>
and inserting
<quote>
subsection (b)(1)(E)(ii)
</quote>
; and
</text>
</subclause>
<subclause id="H77E6925E27D542CAB5C72B3F8BD04DCA">
<enum>
(II)
</enum>
<text>
in clause (i), by
striking
<quote>
not later than
</quote>
and inserting
<quote>
notwithstanding
subsection (b)(2), not later than
</quote>
; and
</text>
</subclause>
</clause>
<clause id="H642913F245764B998A7FA2832F6E19A6">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B), by striking
<quote>
174(c)(1)(B)
</quote>
and inserting
<quote>
subsection (b)(1)(E)(ii)
</quote>
.
</text>
</clause>
</subparagraph>
</paragraph>
</section>
<section id="H398B1EF5484D40E3ACF88225B954C129">
<enum>
160.
</enum>
<header>
Youthbuild
program
</header>
<text display-inline="no-display-inline">
Section 173A is
amended—
</text>
<paragraph id="H6848C1654AE245D0A02BB830E01A8CD0">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="HB2EABBBEBFAA43B6A6B0AEF3D6EC58B1">
<enum>
(A)
</enum>
<text>
in paragraph (3),
by striking
<quote>
; and
</quote>
and inserting a semicolon;
</text>
</subparagraph>
<subparagraph id="HFC949DE775BD44E09A70BC985BA4B556">
<enum>
(B)
</enum>
<text>
in paragraph (4),
by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HE3B443B1230C45439748922BF077F737">
<enum>
(C)
</enum>
<text>
by inserting after
paragraph (4) the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H9FEB6C4FCA9A46C09198DF18D1A6AA99" style="OLC">
<paragraph id="H3244765DB00E46C992CF1199CA4F1E77">
<enum>
(5)
</enum>
<text>
to improve the
quality and energy efficiency of community and other nonprofit and public
facilities, including those facilities that are used to serve homeless and
low-income
families.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H78C1E18776A84ED58D1FA554159FB6EF">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="HD476BBEBF1F6412E9C32B1114DD26659">
<enum>
(A)
</enum>
<text>
by striking
paragraph (8) and redesignating paragraphs (9) through (13) as paragraphs (8)
through (12), respectively;
</text>
</subparagraph>
<subparagraph id="H7B6E2ED472B04DDE99CBF5CDCB0F1563">
<enum>
(B)
</enum>
<text>
in paragraph (11)
(as so redesignated), by striking
<quote>
means housing provided
</quote>
and all
that follows and inserting
<quote>
has the meaning given the term in section
401(29) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360(29)).
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H588F7A186E9244149946730C8D877D21">
<enum>
(C)
</enum>
<text>
in paragraph (12)
(as so redesignated), by striking
<quote>
or construction
</quote>
and inserting
<quote>
construction, or energy efficiency enhancement
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H062A7701B39849328532865B9169AC61">
<enum>
(3)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H07A23DF0CE3448078D839664F994DCD6">
<enum>
(A)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="HE3562753B9DF4ACA88AAB531722D2CF7">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (A)(i), by striking
<quote>
or construction
</quote>
and inserting
<quote>
construction, or energy
efficiency enhancement
</quote>
;
</text>
</clause>
<clause id="H53ADFA2C3E0D4FA5AF487FCAA3269837">
<enum>
(ii)
</enum>
<text>
in
subparagraph (A)(iv)—
</text>
<subclause id="HF7DC5DEBD96647DD84DF85BB99D49D05">
<enum>
(I)
</enum>
<text>
in subclause (II),
by striking
<quote>
individuals with limited English proficiency
</quote>
and
inserting
<quote>
participants who are English language learners
</quote>
;
and
</text>
</subclause>
<subclause id="HB9838CBDCCC148B1AFF377EE17B9F40E">
<enum>
(II)
</enum>
<text>
in subclause
(III), by striking
<quote>
General Education Development (GED) credential, or
other State-recognized equivalent (including recognized alternative
standard
</quote>
and inserting
<quote>
or its recognized equivalent including
recognized certificates of attendance or similar documents
</quote>
;
</text>
</subclause>
</clause>
<clause id="HC6C2AC5A5DE64E8EBE3F6629981AA155">
<enum>
(iii)
</enum>
<text>
in
subparagraph (A)(vii)—
</text>
<subclause id="H4581BC9E86D346DE851C30B27C393131">
<enum>
(I)
</enum>
<text>
by striking
<quote>
supportive services
</quote>
; and
</text>
</subclause>
<subclause id="H3D2827F22E94491AB0295C45C3CCCEA3">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
by inserting
<quote>
or training
</quote>
after
<quote>
postsecondary education
</quote>
;
</text>
</subclause>
</clause>
<clause id="H26A5DD2A928B4E69BED2B0385AD992D6">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (B), by striking
<quote>
or
construction
</quote>
and inserting
<quote>
construction, or energy efficiency
enhancement
</quote>
;
</text>
</clause>
<clause id="H2184BACDA9894F3590863D9E88CB4B25">
<enum>
(v)
</enum>
<text>
in
subparagraph (C)—
</text>
<subclause id="H07AA3738E70C4D98A2D64E74D50A9C2C">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
or construction
</quote>
and inserting
<quote>
construction, or energy efficiency enhancement
</quote>
;
and
</text>
</subclause>
<subclause id="H2B5ED8AF93F8488EB04D7F2CF1526C89">
<enum>
(II)
</enum>
<text>
by striking
<quote>
10 percent
</quote>
and inserting
<quote>
15 percent
</quote>
; and
</text>
</subclause>
</clause>
<clause id="HF29BF286084A4F4AB26F375C6E586041">
<enum>
(vi)
</enum>
<text>
in
subparagraph (D), by inserting
<quote>
, including recruitment and selection of
participants,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H39DA7E21E5B84713855E021BAF63DECB">
<enum>
(B)
</enum>
<text>
in paragraph
(3)(B)—
</text>
<clause id="H6F72C5DF0E5942D99CF950AC21191DF8">
<enum>
(i)
</enum>
<text>
in
clause (i), by inserting
<quote>
construction and
</quote>
after
<quote>
opportunities in
</quote>
;
</text>
</clause>
<clause id="H855028FAEC2948E59E5E1D6007E08A4A">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
in clauses (iii) and (vi), by striking
<quote>
or construction
</quote>
each place it appears and inserting
<quote>
construction, or energy efficiency enhancement
</quote>
;
</text>
</clause>
<clause id="H949AC20F266C43D5AE3426A53B26265C">
<enum>
(iii)
</enum>
<text>
in
clause (x), by striking
<quote>
vocational education
</quote>
and inserting
<quote>
career and technical education and training
</quote>
;
</text>
</clause>
<clause id="H66C884B3B0BE44928A9829AEE67C6793">
<enum>
(iv)
</enum>
<text>
in
clause (xii)—
</text>
<subclause id="H0BEFEF2C42644BA98BE4850B5EB524D2">
<enum>
(I)
</enum>
<text>
by striking
<quote>
results
</quote>
and inserting
<quote>
levels
</quote>
;
</text>
</subclause>
<subclause id="H9DCE220BA0104033BA85400BE4B25DE2">
<enum>
(II)
</enum>
<text>
by striking
<quote>
common
</quote>
and inserting
<quote>
primary
</quote>
; and
</text>
</subclause>
<subclause id="H9B8EB444A4D4475EB4F0CA935923E9B7">
<enum>
(III)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
youth and lifelong
learning, as identified by the Secretary
</quote>
and inserting
<quote>
eligible
youth described in section 136(b)(2)(A)(ii)
</quote>
;
</text>
</subclause>
</clause>
<clause id="H215F3D88229F4A2488945E38BA76114C">
<enum>
(v)
</enum>
<text>
in
clause (xvi)—
</text>
<subclause id="H0F7C309EF74846C2BA3EB73B33E26C42">
<enum>
(I)
</enum>
<text>
in subclause (II),
by inserting
<quote>
energy efficiency enhancement
</quote>
after
<quote>
construction
</quote>
; and
</text>
</subclause>
<subclause id="H5996C10CFE5345F09BD24105C3BBB3E1">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
in subclause (III), by striking
<quote>
vocational education
</quote>
and inserting
<quote>
career and technical
education and training
</quote>
; and
</text>
</subclause>
</clause>
<clause id="H09A40645B0A34D8E9B986EF74BD6F95D">
<enum>
(vi)
</enum>
<text display-inline="yes-display-inline">
in clause (xvii)(I), by inserting
<quote>
energy efficiency enhancement
</quote>
after
<quote>
construction
</quote>
;
and
</text>
</clause>
</subparagraph>
<subparagraph id="HBDAFAF32E5B84D4EBDE29CCF01B94CE8">
<enum>
(C)
</enum>
<text>
in paragraph
(4)—
</text>
<clause id="H474194A9A1934350B61626F44495F4E3">
<enum>
(i)
</enum>
<text>
in
subparagraph (C)—
</text>
<subclause id="HAF52EF341A974A3891001EA8FA0E616C">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
community and
</quote>
after
<quote>
which the housing and
</quote>
;
and
</text>
</subclause>
<subclause id="H6D264F2653BF491BA5A234204881C985">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
or construction
</quote>
each place it appears and inserting
<quote>
construction, or energy efficiency
enhancement
</quote>
; and
</text>
</subclause>
</clause>
<clause id="H47D662022EF14A4DBA7ACC51CE02828A">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (J)—
</text>
<subclause id="H201C9580D7384C6C97EC4677DDF94DB5">
<enum>
(I)
</enum>
<text>
in clause (ii), by
inserting
<quote>
energy efficiency enhancement
</quote>
after
<quote>
construction
</quote>
; and
</text>
</subclause>
<subclause id="H84150601F1CF4703A7EBAA62FA55798C">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
in clause (iii), by striking
<quote>
vocational education
</quote>
and inserting
<quote>
career and technical
education and training
</quote>
;
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HDC835D669B064D61B22774035AF43696">
<enum>
(4)
</enum>
<text>
in subsection (d),
by striking
<quote>
or construction
</quote>
each place it appears and inserting
<quote>
construction, or energy efficiency enhancement
</quote>
;
</text>
</paragraph>
<paragraph id="H7E16F1FD788143718E4B5073E1C1AE15">
<enum>
(5)
</enum>
<text>
in subsection
(e)(1)—
</text>
<subparagraph id="HC7C57EEFCD134449AD71901CC651FE01">
<enum>
(A)
</enum>
<text>
in subparagraph
(A)(iii), by inserting
<quote>
, or an individual who was a school dropout and
has subsequently re-enrolled
</quote>
before the period; and
</text>
</subparagraph>
<subparagraph id="HD3B8CA04F963441A8F73FDBAC01BD550">
<enum>
(B)
</enum>
<text>
in amending
subparagraph (B)(i) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HC8FEC3534F354CCA999D4F366FBD994D" style="OLC">
<clause id="H85544EA4097048E39376D414CEEBAFDF">
<enum>
(i)
</enum>
<text>
are basic skills
deficient, despite attainment of a secondary school diploma or its recognized
equivalent (including recognized certificates of attendance or similar
documents for individuals with disabilities);
or
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H559F54F7452C44C9B153F7A3F0A0EFE4">
<enum>
(6)
</enum>
<text>
in subsection
(f)(2)—
</text>
<subparagraph id="H7A0FD4E32EC94215AF7F2DB1DF0C0613">
<enum>
(A)
</enum>
<text>
in subparagraph
(A), by inserting
<quote>
, or to support pilot and demonstration projects or
program evaluations with recipients of grants under subsection (c) as directed
by the Secretary, including pilot or demonstration projects that create new
career tracks for Youthbuild participants in areas such as health care and
manufacturing
</quote>
before the period; and
</text>
</subparagraph>
<subparagraph id="HB568315607E74B4FA632206A9F82BE5A">
<enum>
(B)
</enum>
<text>
in subparagraph
(B), by striking
<quote>
shall reserve
</quote>
and inserting
<quote>
shall
reserve not less than 3 percent and not more than
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H5D382DD0E3394283A33F91E0D14E699B">
<enum>
(7)
</enum>
<text>
in subsection (g),
by striking
<quote>
postsecondary educational institutions
</quote>
and inserting
<quote>
institutions of higher education
</quote>
; and
</text>
</paragraph>
<paragraph id="H1F2FA31B11EC4C0DA38EB4FA76C4C37B">
<enum>
(8)
</enum>
<text>
by amending
subsection (h) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HE622682A0B134C72886C62788C3B7A63" style="OLC">
<subsection id="HA09A7E1D95EC457DB8A53A8F7947C129">
<enum>
(h)
</enum>
<header>
Authorization of
appropriations
</header>
<text>
There are authorized to be appropriated for each
of fiscal years 2013 through 2017 such sums as may be necessary to carry out
this
section.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section commented="no" id="H7187B03A6F884085BBCFE4A3EA3C80AE">
<enum>
161.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
Subsections
(a) and (b) of section 174 are amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HC61E9179D5174748919AE19AF6D94ADD" style="OLC">
<subsection commented="no" id="HDBC5AEA9E41F42FA9FFA6A2FE5428B2C">
<enum>
(a)
</enum>
<header>
Native American
programs; migrant and seasonal farmworker programs; veterans’ workforce
investment programs
</header>
<paragraph commented="no" id="H9ABBB042E67842CFA0BE448EC637D279">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Subject to paragraph (2), there are authorized to be
appropriated to carry out sections 166 through 168 such sums as may be
necessary for each of the fiscal years 2013 through 2017.
</text>
</paragraph>
<paragraph commented="no" id="H73C07105FC904D0E92803E8ADC64EEED">
<enum>
(2)
</enum>
<header>
Reservations
</header>
<text>
Of
the amount appropriated pursuant to the authorization of appropriations under
paragraph (1) for a fiscal year, the Secretary shall—
</text>
<subparagraph commented="no" id="H74DD202A0ACD467D92E67635E99D222C">
<enum>
(A)
</enum>
<text>
reserve not less
than $55,000,000 for carrying out section 166;
</text>
</subparagraph>
<subparagraph commented="no" id="H9910198701914142AFC65013AF80C299">
<enum>
(B)
</enum>
<text>
reserve not less
than $70,000,000 for carrying out section 167; and
</text>
</subparagraph>
<subparagraph commented="no" id="H45635663BC9B43D380A774D9CEDE7E67">
<enum>
(C)
</enum>
<text>
reserve not less
than $7,300,000 for carrying out section 168.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection commented="no" id="H1664E0F0CF304ADAA8631443A0BAA6A1">
<enum>
(b)
</enum>
<header>
Technical
assistance; innovation grants
</header>
<text>
There are authorized to be
appropriated to carry out sections 169 through 171 such sums as may be
necessary for each of the fiscal years 2013 through
2017.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H038A0F7B8C7647F58010AB4DBD9C4D3D">
<enum>
162.
</enum>
<header>
Transition
grants to States
</header>
<text display-inline="no-display-inline">
Subtitle D is
further amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF464AA70E47C48CDA5FEFC208D758C0C" style="OLC">
<section id="H67FEF09606884AA4A271AA25AC7BA98D">
<enum>
175.
</enum>
<header>
Transition
Grants to States
</header>
<subsection id="H1B1E90B6EC3B4DD9AD65E274EBB0D51A">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
For the program year
described in section 171A, from the funds allocated for awards described in
section 171A and section 171B, the Secretary of Labor and the Secretary of
Education shall award, on a competitive basis, transition grants to States. The
Secretaries, to the extent practicable and consistent with the purposes of the
transition grants under this section, shall award transition grants in a manner
that maximizes the number of States benefitting from such grants.
</text>
</subsection>
<subsection id="H23562A93807B4CADBD5C143BA900C57F">
<enum>
(b)
</enum>
<header>
Application
</header>
<text>
To
be eligible to receive a grant under this section, the Governor of a State, in
coordination with the State board and in consultation with the local boards,
shall submit an application to the Secretary of Labor and the Secretary of
Education, at such time, in a such manner, and containing such information,
consistent with this subsection, as the Secretaries may require,
including—
</text>
<paragraph id="HBA7BA5EB4DBD4D2FB0BF88C3E4274014">
<enum>
(1)
</enum>
<text>
a description of
how the grant funds will be used to carry out the transition activities
described in subsection (d);
</text>
</paragraph>
<paragraph id="H1BB34F8F858D42E5A2A7B71ECB4D54FC">
<enum>
(2)
</enum>
<text>
a description of
the process by which the State will award funds to local areas in accordance
with subsection (d)(2); and
</text>
</paragraph>
<paragraph id="H1C369A34E7F94F37ACAA52CA935CC87C">
<enum>
(3)
</enum>
<text>
assurances that
all the entities carrying out core programs in the State will participate in
the activities.
</text>
</paragraph>
</subsection>
<subsection id="HED2D22432A6D4F578C57AFE5E851E33F">
<enum>
(c)
</enum>
<header>
Grant
period
</header>
<text>
Grants awarded under this subsection shall be awarded for
periods of not more than 2 years in duration and may not be renewed.
</text>
</subsection>
<subsection id="H95075989AE2846D395A1C4B057132DA2">
<enum>
(d)
</enum>
<header>
Use of
funds
</header>
<text>
A State that receives a grant under this section—
</text>
<paragraph id="HBCA165FB66114F988378AAE62B301195">
<enum>
(1)
</enum>
<text>
may reserve not
more than 40 percent of the grant funds for transition activities to assist in
the development of the State plan under section 112 or 113; and
</text>
</paragraph>
<paragraph id="H935DA17A425743DA843885C3B3F6237B">
<enum>
(2)
</enum>
<text>
shall use not less
than 60 percent of the grant funds to award subgrants to local areas for
transition activities to assist in the development local and regional plans
under section 116(c) and 118, with a priority in making such awards to local
areas most in need of resources to make the transition to meeting the
requirements of the Workforce Investment Act of 2012.
</text>
</paragraph>
</subsection>
<subsection id="HAF3F371075354BD0BDAA6FA086FBEB04">
<enum>
(e)
</enum>
<header>
Limitations
</header>
<text>
No
State may—
</text>
<paragraph id="HA5E5E638AE1E4C9D992FDA41EB508EFA">
<enum>
(1)
</enum>
<text>
receive more than
1 grant under this section; and
</text>
</paragraph>
<paragraph id="H54DD3A7801434224811F07E9E4034FA5">
<enum>
(2)
</enum>
<text>
receive a grant
under this section concurrently with a grant under section 171A or 171B for the
first program year that commences after the date of enactment of the Workforce
Investment Act of
2011.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H83DD863144FF43FB9C1E224B9E2A378E">
<enum>
163.
</enum>
<header>
Interagency
agreement
</header>
<text display-inline="no-display-inline">
Subtitle D is
further amended by adding after section 175 (as added by section 112) the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H3213DA576C0844A5A8329A7253806EEF" style="OLC">
<section id="HF2320D927E844A5EAE4860D56C9C28E4">
<enum>
176.
</enum>
<header>
Interagency
agreement
</header>
<subsection id="H7A1D51E72F584AFF948CB2EC5E435B01">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Secretary of
Education and the Secretary of Labor shall jointly develop policies for the
administration of this subtitle in accordance with such terms as the
Secretaries shall set forth in an interagency agreement. Such interagency
agreement, at a minimum, shall include a description of the respective roles
and responsibilities of the Secretaries in carrying out this subtitle (both
jointly and separately), including—
</text>
<paragraph id="HE1027C86E131478C96AD7EB1644674A9">
<enum>
(1)
</enum>
<text>
how the funds
available under this subtitle will be obligated and disbursed and compliance
with applicable laws (including regulations) will be ensured, as well as how
the grantees will be selected and monitored, and a peer review process for
selection of grantees that includes program practitioners and national experts
will be carried out;
</text>
</paragraph>
<paragraph id="HD1861F6FE5F8436793035BF0E5FE32E3">
<enum>
(2)
</enum>
<text>
how evaluations
and research will be conducted on the effectiveness of grants awarded under
this subtitle in addressing the education and employment needs of job seekers
and workers, youth, and employers;
</text>
</paragraph>
<paragraph id="HC5EEB3585F194E7E80F0AFEE766C9ABC">
<enum>
(3)
</enum>
<text>
how technical
assistance will be provided to applicants and grant recipients;
</text>
</paragraph>
<paragraph id="H517C168C02A046AF854A6003E1BB4A70">
<enum>
(4)
</enum>
<text>
how information
will be disseminated, including through electronic means, on best practices and
effective strategies and service delivery models for activities carried out
under this subtitle; and
</text>
</paragraph>
<paragraph id="HE59F3B07ACB24BDD868B889A0071E690">
<enum>
(5)
</enum>
<text>
how policies and
processes critical to the successful achievement of the education, training,
and employment goals of this subtitle will be established.
</text>
</paragraph>
</subsection>
<subsection id="H40FB128FAC8F4F3D91C3110ECCDF2ECA">
<enum>
(b)
</enum>
<header>
Transfer
authority
</header>
<text>
The Secretary of Labor and the Secretary of Education
shall have the authority to transfer funds between the Department of Labor and
the Department of Education to carry out this subtitle in accordance with the
agreement described in subsection (a).
</text>
</subsection>
<subsection id="H0D3031AAED7D4C9AAA7096C44CD08153">
<enum>
(c)
</enum>
<header>
Reports
</header>
<text>
The
Secretary of Labor and the Secretary of Education shall jointly develop and
submit a biennial report to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and Workforce of the
House of Representatives, describing—
</text>
<paragraph id="H19DF340C9CEB4E54ABB132D1039666D4">
<enum>
(1)
</enum>
<text>
actions the
Departments have taken to—
</text>
<subparagraph id="H4C17DD39D88E48C2A62BAC8D63F97CE9">
<enum>
(A)
</enum>
<text>
assess the
effectiveness of the projects carried out under this subtitle; and
</text>
</subparagraph>
<subparagraph id="H52273469FBD14EEBB1E6B3735C30A0AF">
<enum>
(B)
</enum>
<text>
facilitate the
coordination of the programs carried out through the grants awarded with other
education, employment and training programs;
</text>
</subparagraph>
</paragraph>
<paragraph id="HCCC8641DB2A84440B56BF2F2508D7CCF">
<enum>
(2)
</enum>
<text>
barriers that
impede effectiveness of projects carried out under this subtitle;
</text>
</paragraph>
<paragraph id="H0064AF9DE0A14F0791A9BF000510C725">
<enum>
(3)
</enum>
<text>
the best practices
and effective strategies and service delivery models that the Departments have
identified pursuant to this subtitle and actions the Departments have taken to
promptly disseminate information, including through electronic means, on such
best practices, service delivery models, and effective strategies; and
</text>
</paragraph>
<paragraph id="HCE5CFE50523B4ED19EA41F824FA2D962">
<enum>
(4)
</enum>
<text>
the actions the
Departments have taken to leverage resources provided under Federal law other
than this subtitle and non-Federal resources, to improve the workforce
investment system nationwide, including in States, regions, and local areas
that have not received funds under this
subtitle.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
<subtitle id="HB90044A6A78C494EA214D542D95D855D">
<enum>
E
</enum>
<header>
Administration
</header>
<section id="H42980078A96940F89D15B7B416C0DB3B">
<enum>
171.
</enum>
<header>
Requirements
and restrictions
</header>
<text display-inline="no-display-inline">
Section 181
is amended—
</text>
<paragraph id="HF6DC934CFBAE41A1B3F937B0833D6371">
<enum>
(1)
</enum>
<text>
in subsection (a),
by amending subparagraph (B) of paragraph (1) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H1560738D58CB4B9685D170878EE3BD83" style="OLC">
<subparagraph id="H408D3D02B48B49BE9E09A0D33FA3C19A">
<enum>
(B)
</enum>
<header>
Rule of
construction
</header>
<text>
The reference in subparagraph (A) to section 6(a)(1)
of the Fair Labor Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/206">
29 U.S.C. 206(a)(1)
</external-xref>
) shall not be
applicable for individuals in territorial jurisdictions in which section 6 of
the Fair Labor Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/206">
29 U.S.C. 206
</external-xref>
) does not
apply.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H6F79DA4B255E446FB61EB7A8A05F443A">
<enum>
(2)
</enum>
<text>
in subsection
(b)(1) by striking
<quote>
investment
</quote>
and inserting
<quote>
development
</quote>
;
</text>
</paragraph>
<paragraph id="H045B6707908349B2B33E3FFE959657D7">
<enum>
(3)
</enum>
<text>
in subsection
(c)(1), by inserting
<quote>
or allocation
</quote>
after
<quote>
an
allotment
</quote>
;
</text>
</paragraph>
<paragraph id="H242ACE242F8742208E2B76C1C51E33BB">
<enum>
(4)
</enum>
<text>
in subsection
(d)(2)—
</text>
<subparagraph id="HF325D1A71CF64B25AEA0036876C66C85">
<enum>
(A)
</enum>
<text>
by striking
<quote>
employment and training activity
</quote>
and inserting
<quote>
employment
or training activity
</quote>
;
</text>
</subparagraph>
<subparagraph id="H9D7891C40DA044D8BCE10537B46802BE">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
incumbent worker training, transitional employment,
</quote>
after
<quote>
on-the-job training,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HB9F4FC57B304480290C9C33102790C7E">
<enum>
(C)
</enum>
<text>
in paragraph (3),
by inserting
<quote>
(or that has provided funding to an entity that has
violated such paragraph)
</quote>
after
<quote>
violated such
paragraph
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HF4C0F7431190402F89098E66D5F35470">
<enum>
(5)
</enum>
<text>
in subsection
(e)—
</text>
<subparagraph id="HD087ADCE63574FD68EEFE71B2D6A0A63">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
to carry out an activity
</quote>
after
<quote>
No funds
available
</quote>
;
</text>
</subparagraph>
<subparagraph id="H02EE061EF5624B5EA95CF1B178ABAC27">
<enum>
(B)
</enum>
<text>
by striking
<quote>
and similar activities
</quote>
and inserting
<quote>
or similar
activities
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA5C29AA2FF934D399114273A7BA91074">
<enum>
(C)
</enum>
<text>
by striking
<quote>
title. No funds available under subtitle B
</quote>
and inserting
<quote>
or under subtitle C. No funds received to carry out an activity under
subtitle B or C
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HA73CC852A8524BD6B96616561FFFB891">
<enum>
(6)
</enum>
<text>
in subsection (f),
by inserting
<quote>
or subtitle C
</quote>
after
<quote>
subtitle B
</quote>
both
places it appears.
</text>
</paragraph>
</section>
<section id="HC9FC2B0C31084583A1DB5345052B3900">
<enum>
172.
</enum>
<header>
Fiscal controls
or sanctions
</header>
<text display-inline="no-display-inline">
Section 184 is
amended—
</text>
<paragraph id="HE968BF2C89DE4C3BBBD68D92D0713086">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="H2A871A2979E84C959A1AA958E4F64393">
<enum>
(A)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="HCEA334CBC7AB4E64A42368AF45D48508">
<enum>
(i)
</enum>
<text>
in
subparagraph (A), by striking
<quote>
the appropriate circulars
</quote>
and
inserting
<quote>
appropriate circulars or rules
</quote>
; and
</text>
</clause>
<clause id="H8CB395043BDC41C3ADF160E75C1F860D">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B)(ii), by striking
<quote>
administration of youth
activities
</quote>
and inserting:
</text>
<quoted-block display-inline="no-display-inline" id="H24D5394AF93C44DF81CFD64F6E135468" style="OLC">
<clause id="H44D4B0F7FD7F42EF9DADD0ECF4021BF1">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
administration of youth workforce
investment activities.
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H0F81DC63F2694F9E938C87DE5CF1AABA">
<enum>
(B)
</enum>
<text>
in paragraphs
(5)(A), (6)(C), and (7) (A) and (B), by inserting
<quote>
with the
requirements
</quote>
afer
<quote>
compliance
</quote>
each place it
appears;
</text>
</subparagraph>
</paragraph>
<paragraph id="H8DA1F260654B4297AF52D33A4CCA17AB">
<enum>
(2)
</enum>
<text>
in subsection
(b)(1)(B)(v), by inserting
<quote>
with the provision
</quote>
after
<quote>
compliance
</quote>
;
</text>
</paragraph>
<paragraph id="H78FDB39B023F409CB069A7D3E3B0B10C">
<enum>
(3)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H38D911470CE944DE84D99075A8A2F9E3">
<enum>
(A)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H44A4AD6FE1BE4530A88B63723CB74DD9">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
made available
</quote>
and inserting
<quote>
received
</quote>
;
</text>
</clause>
<clause id="H389412C2857F450E9B2DA6068BFA86C8">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
offset repayment
</quote>
and inserting
<quote>
require payment
by offsetting the amount
</quote>
; and
</text>
</clause>
<clause id="HD362D5B042A140DCA4DED33E524D1097">
<enum>
(iii)
</enum>
<text>
by
inserting
<quote>
under this title
</quote>
after
<quote>
may be entitled
</quote>
;
and
</text>
</clause>
</subparagraph>
<subparagraph id="H7F4BF6D2B2704C3C8128AC5C8970D24E">
<enum>
(B)
</enum>
<text>
in paragraph (4),
by inserting
<quote>
(subsequent to the program year for which the determination
was made)
</quote>
after
<quote>
allocations
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HAE79E2B678734CF2B0DA352285033799">
<enum>
(4)
</enum>
<text>
in subsection
(d)(1), by striking
<quote>
paragraphs (2) and (3) of
</quote>
.
</text>
</paragraph>
</section>
<section id="HB7CB795BE1974AE087666F04D6307DBC">
<enum>
173.
</enum>
<header>
Reports,
recordkeeping, investigations
</header>
<text display-inline="no-display-inline">
Section 185(c) is amended—
</text>
<paragraph id="HEA945E9FF6FD4B3FB15C0C916C2916A2">
<enum>
(1)
</enum>
<text>
in paragraph (2),
by striking
<quote>
; and
</quote>
and inserting a semicolon;
</text>
</paragraph>
<paragraph id="H25E06F16CE684374BFE292162871CB5F">
<enum>
(2)
</enum>
<text>
in paragraph (3),
by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="H1C4C2DEFC6764DFD9743FA41B3489C05">
<enum>
(3)
</enum>
<text>
by adding at the
end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H44C68243C551469F955B92BA29945043" style="OLC">
<paragraph id="H87631871BC5048E4AE064B0A19EE1FD9">
<enum>
(4)
</enum>
<text>
shall, to the
extent practicable, submit or make available (including through electronic
means) any reports, records, plans, or any other data that are required to be
submitted or made available, respectively, under this
title.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H124A9C4BB3C8482986BB1C08EA04334A">
<enum>
174.
</enum>
<header>
Administrative
provisions
</header>
<text display-inline="no-display-inline">
Section 189 is
amended—
</text>
<paragraph id="HF5FA69B8A23E4DA2B402005EDAA4D992">
<enum>
(1)
</enum>
<text>
in subsection (a),
by striking
<quote>
section 204 of the Intergovernmental Cooperation Act of
1968
</quote>
and inserting
<quote>
section 6504 of title 31, United States
Code
</quote>
;
</text>
</paragraph>
<paragraph id="H637105DD66524ED1A7E40B722B0D05CC">
<enum>
(2)
</enum>
<text>
in subsection (g),
by amending paragraph (2) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H6AEFEC30055F4BF9B43C411ED0E98608" style="OLC">
<paragraph id="HB12BFD2C95964C0D8FF12B87FE1193F2">
<enum>
(2)
</enum>
<header>
Availability
</header>
<subparagraph id="HB35D67F75E104BFF9872997C6C4D3DA3">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Funds obligated for any program year for a program or
activity funded under subtitle B may be expended by each State receiving such
funds during that program year and the 2 succeeding program years. Funds
received by local areas from States under subtitle B during a program year may
be expended during that program year and the succeeding program year.
</text>
</subparagraph>
<subparagraph id="HE56CE0C7FF914DBD87C16FBCE804F949">
<enum>
(B)
</enum>
<header>
Certain national
activities
</header>
<clause id="HCFAA3DFA77264867B2910EC733B5FE9A">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
Funds obligated for any program year for any program or
activity carried out under section 170 or 171 shall remain available until
expended.
</text>
</clause>
<clause id="HFE55917C358E425BB33FF4754DB9C76B">
<enum>
(ii)
</enum>
<header>
Incremental
funding basis
</header>
<text>
A contract or arrangement entered into under the
authority of section 170(c) (relating to research projects, studies and
reports, and multistate projects) or section 171 (relating to evaluations),
including a long-term, nonseverable services contract, may be funded on an
incremental basis with annual appropriations or other available funds.
</text>
</clause>
</subparagraph>
<subparagraph id="HDB468420EBB54F5598B313E8C9E50137">
<enum>
(C)
</enum>
<header>
Special
rule
</header>
<text>
No amount of the funds obligated for a program year for a
program or activity funded under this title shall be deobligated on account of
a rate of expenditure that is consistent with a State plan, an operating plan
described in section 151, or a plan, grant agreement, contract, application, or
other agreement described in subtitle D, as
appropriate.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HFDB38CFC81EB4AA39DD20A68D941E3E4">
<enum>
(3)
</enum>
<text>
in subsection
(i)—
</text>
<subparagraph id="H1D1C6CADFE374504A740BD5043E180F8">
<enum>
(A)
</enum>
<text>
in paragraph (3),
by inserting
<quote>
accountability
</quote>
after
<quote>
performance
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="H7E6B45DC51214D87BB8D2D2F8868FB02">
<enum>
(B)
</enum>
<text>
in paragraph
(4)—
</text>
<clause id="HD2D2D2DFC1514B8B9C731971B391682D">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)(i)—
</text>
<subclause id="H98EDA20D51EA48DCA9EFD4FFAF4B6FB4">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
the funding of infrastructure costs for one-stop centers,
</quote>
after
<quote>
functions of local areas and local boards
</quote>
; and
</text>
</subclause>
<subclause id="H91F60BC2ED8848899FE17AF514CCEACC">
<enum>
(II)
</enum>
<text>
by inserting
<quote>
, and other requirements relating to the basic purposes of this
title
</quote>
before the period;
</text>
</subclause>
</clause>
<clause id="H7007F63706C444129B0B5519675EFEFF">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B)—
</text>
<subclause id="H6C5800DEA76D4833AE04F260EC79629C">
<enum>
(I)
</enum>
<text>
in the matter
preceding clause (i), by striking
<quote>
investment
</quote>
and inserting
<quote>
development
</quote>
; and
</text>
</subclause>
<subclause id="H5D301F8CF8B74CBD8D2F4E7276512AD9">
<enum>
(II)
</enum>
<text>
in clause (v), by
striking
<quote>
an opportunity to comment on such request has been provided to
the local board
</quote>
and inserting
<quote>
, in the case of a waiver for a
local area, an opportunity to comment on such request has been provided to the
local board for the local area for which the waiver is
requested
</quote>
;
</text>
</subclause>
</clause>
<clause id="HDC90C0341FE54571BC6A5E99C3385E28">
<enum>
(iii)
</enum>
<text>
in
subparagraph (C), by inserting
<quote>
for which the waiver was
requested
</quote>
after
<quote>
ensure that the local area
</quote>
; and
</text>
</clause>
<clause id="H6AE681541BB744998EF711340BE8B3BC">
<enum>
(iv)
</enum>
<text>
by
adding at the end the following new subparagraph:
</text>
<quoted-block display-inline="no-display-inline" id="H814CA7CD44514C698FCE6164C9E2EE58" style="OLC">
<subparagraph id="H80CEE230E1844EF380B402CDA154E85D">
<enum>
(D)
</enum>
<header>
Expedited
determination regarding provision of waivers
</header>
<text>
If the Secretary has
approved a waiver of statutory or regulatory requirements for a State or local
area pursuant to this subsection, the Secretary shall expedite the
determination regarding the provision of that waiver, for another State or
local
area.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
</section>
<section id="H6989FFEEE92F42258D1DE9A3F7049EEC">
<enum>
175.
</enum>
<header>
Repeals
</header>
<text display-inline="no-display-inline">
The Act is further amended by striking
section 190, and redesignating sections 191 through 195 as sections 190 through
194, respectively.
</text>
</section>
<section id="HEB91E0750F5943F8B0732589B9FE63B5">
<enum>
176.
</enum>
<header>
General program
requirements
</header>
<text display-inline="no-display-inline">
Section 194 (as
redesignated by section 185) is amended by adding at the end the following new
paragraphs:
</text>
<quoted-block display-inline="no-display-inline" id="HC456953E4048426D8D8B20A5DE228E33" style="OLC">
<paragraph id="HB5E96ED807DD46AF80DB821CD7044043">
<enum>
(14)
</enum>
<text>
Funds provided
under this title shall not be used to establish or operate a stand-alone
fee-for-service enterprise in a situation in which a private sector employment
agency (as defined in section 701 of the Civil Rights Act of 1964 (42 U.S.C.
2000e)) is providing full access to similar or related services in such a
manner as to fully meet the identified need. For purposes of this paragraph,
such an enterprise does not include a one-stop delivery system described in
section 121(e).
</text>
</paragraph>
<paragraph commented="no" id="H1E4FF78D52AE459CAB00276A449BEB2F">
<enum>
(15)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HC42A4839E69C4D8CA934F357DA2A1866">
<enum>
(A)
</enum>
<text>
None of the funds
available under this title shall be used by a recipient or subrecipient of such
funds to pay the salary and bonuses of an individual, either as direct costs or
indirect costs, at a rate in excess of the annual rate of basic pay prescribed
for level II of the Executive Schedule under
<external-xref legal-doc="usc" parsable-cite="usc/5/5313">
section 5313
</external-xref>
of title 5, United
States Code.
</text>
</subparagraph>
<subparagraph commented="no" id="HBD2EC62D6C10441F80E96C76505F2730" indent="up1">
<enum>
(B)
</enum>
<text>
The limitation described in
subparagraph (A) shall not apply to vendors providing goods and services as
defined in Office of Management and Budget Circular A–133.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H61DF93B35ED04358B3DD026DCE7F5AFC" indent="up1">
<enum>
(C)
</enum>
<text>
In a case in which a State is a
recipient of such funds, the State may establish a lower limit than is provided
in subparagraph (A) for salaries and bonuses of those receiving salaries and
bonuses from a subrecipient of such funds, taking into account factors
including the relative cost of living in the State, the compensation levels for
comparable State or local government employees, and the size of the
organizations that administer the Federal programs
involved.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H0DD5EBDC82924A6999867FD1D85C1DE3">
<enum>
177.
</enum>
<header>
Office of
Disability Employment Policy
</header>
<text display-inline="no-display-inline">
Subtitle E is further amended by adding at
the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6180CA54D29F45918CF8F9CEA0488753" style="OLC">
<section id="H4638305DAB874C10BA0730677D47C136">
<enum>
195.
</enum>
<header>
Office of
Disability Employment Policy
</header>
<subsection id="H8CEB503D858C4703B210314FFA62F24D">
<enum>
(a)
</enum>
<header>
Purpose
</header>
<text>
The
purpose of this section is to establish an Office of Disability Employment
Policy—
</text>
<paragraph id="H9BB69611B42B43A49CF89F37231D4AD9">
<enum>
(1)
</enum>
<text>
to help develop
and support national policies and practices that will increase employment and
economic advancement opportunities for all individuals with disabilities;
and
</text>
</paragraph>
<paragraph id="H1523B113D4A4435C8B4111D633C6AE12">
<enum>
(2)
</enum>
<text>
to ensure that
such individuals are fully integrated into the 21st century workforce.
</text>
</paragraph>
</subsection>
<subsection id="H2E5201F9720F449095E99EB4ADFD19B8">
<enum>
(b)
</enum>
<header>
Office
</header>
<text>
There
is established within the Department of Labor an Office of Disability
Employment Policy (referred to in this section as the
<quote>
Office
</quote>
).
Except as otherwise specifically provided in this Act, such Office shall be the
principal entity carrying out the functions described in this section.
</text>
</subsection>
<subsection id="HF7116330E836427FB4EAA8B177207624">
<enum>
(c)
</enum>
<header>
Assistant
secretary
</header>
<paragraph id="HFE3E5BBED52240D7AC97A81FB73949F3">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Office shall be headed by an Assistant Secretary of
Disability Employment Policy (referred to in this title as the
<quote>
Assistant
Secretary
</quote>
) appointed by the President by and with the advice and
consent of the Senate. Except as otherwise specifically provided in this Act,
the Assistant Secretary shall be the principal officer carrying out the
functions described in this section.
</text>
</paragraph>
<paragraph id="HE3697525BAE8454B8CEB29754C615BB0">
<enum>
(2)
</enum>
<header>
Experience
</header>
<text>
The
Assistant Secretary shall be an individual with substantial experience in, and
a thorough knowledge of, disability employment policy, training and educational
opportunities for individuals with disabilities (including youth with
disabilities), public benefit programs for individuals with disabilities, job
development, and the barriers that may limit employment and economic
advancement opportunities of individuals with disabilities.
</text>
</paragraph>
<paragraph id="HDD72494A52B04559A887773B6B590840">
<enum>
(3)
</enum>
<header>
Goals and
direction
</header>
<text>
In carrying out the functions of the Office, the
Assistant Secretary shall be guided by the goals of achieving equal
opportunity, full participation, economic self-sufficiency, and independent
living for all individuals with disabilities, to the greatest extent possible.
In the performance of the functions of the Office, the Assistant Secretary
shall be directly responsible to the Secretary of Labor.
</text>
</paragraph>
</subsection>
<subsection id="H5CCA034FD72F4B469D2BE87657B27F3F">
<enum>
(d)
</enum>
<header>
Functions
</header>
<text>
The
Assistant Secretary shall provide national leadership, and encourage
interagency collaboration, on increasing employment and training opportunities
for individuals with disabilities through the development of policies and
initiatives (taking into account relevant information from other Federal
agencies and including the awarding of grants as appropriate) that—
</text>
<paragraph id="H97F2CCC9B0EF4D3A90D31C8FC13BB244">
<enum>
(1)
</enum>
<text>
eliminate barriers
to the employment and training of individuals with disabilities;
</text>
</paragraph>
<paragraph id="H36F53CE92E9B4AC99D17D2309B32C75D">
<enum>
(2)
</enum>
<text>
advance
opportunities for employment, and identify strategies that increase employment
opportunities in the private sector, for individuals with disabilities,
including recruitment, retention, and promotion of such individuals;
</text>
</paragraph>
<paragraph id="HF9A8BD7188AF4AAAA48B5541B02E51A5">
<enum>
(3)
</enum>
<text>
identify and
remove disincentives that limit or prevent the full employment of individuals
with disabilities who are receiving benefits through Federal or State programs
such as medical assistance under a State Medicaid program under title XIX of
the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1396">
42 U.S.C. 1396 et seq.
</external-xref>
), disability insurance benefits
under title II of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/401">
42 U.S.C. 401 et seq.
</external-xref>
), or
supplemental security income benefits under title XVI of the Social Security
Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1381">
42 U.S.C. 1381 et seq.
</external-xref>
);
</text>
</paragraph>
<paragraph id="H0692EB5E8BDF420C90B317CC600A67B3">
<enum>
(4)
</enum>
<text>
advise and assist
the Department of Labor and other Federal agencies in the development of
policies and practices that increase employment opportunities in the Federal
Government for individuals with disabilities, including outreach to and
recruitment, retention, and promotion of such individuals;
</text>
</paragraph>
<paragraph id="H9CAD0E79090741F59AB5E021D1B24675">
<enum>
(5)
</enum>
<text>
assist youth with
disabilities, including such youth who are out-of-school youth, in successfully
transitioning into the workforce;
</text>
</paragraph>
<paragraph id="HC42B8E4A74ED42128F30345F6CECC00B">
<enum>
(6)
</enum>
<text>
increase access
for individuals with disabilities seeking employment, education, and training
services from a one-stop delivery system described in section 221(e) of the
Workforce Investment Act of 2012, and other public and private providers of
such services and supports;
</text>
</paragraph>
<paragraph id="HDAA6C65762DB4F648EA19808EA5C3202">
<enum>
(7)
</enum>
<text>
increase
coordination of activities between State vocational rehabilitation programs and
the workforce development systems (as defined in section 101 of such Act),
including the one-stop centers (as defined in such section 101), including
assisting individuals with disabilities in maximizing the services available
through such programs, systems, and centers;
</text>
</paragraph>
<paragraph id="H06ECFB7E31174658865EA720BD3BE7A3">
<enum>
(8)
</enum>
<text>
leverage available
public and system resources to address individual and systematic employment
barriers for individuals with disabilities, and assist such individuals in
navigating the process of coordinating their public benefits, including health
care;
</text>
</paragraph>
<paragraph id="H5AD28862775C43138A3F30347423862A">
<enum>
(9)
</enum>
<text>
increase
employment opportunities for individuals with significant disabilities in
competitive integrated employment; and
</text>
</paragraph>
<paragraph id="HB64EF4E3397B445C805C3CC3E362007A">
<enum>
(10)
</enum>
<text>
meet other
objectives, as specified by the Secretary of Labor, that will increase
employment and training opportunities for individuals with disabilities.
</text>
</paragraph>
</subsection>
<subsection id="H5E9F170DD5784D58BE2B2232820D5083">
<enum>
(e)
</enum>
<header>
Report
</header>
<text>
For
each fiscal year, beginning with the first full fiscal year following the date
of enactment of the Workforce Investment Act of 2013, the Secretary of Labor
shall prepare a report and submit the report to the Committee on Education and
the Workforce of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, not later than 90 days after the
end of that fiscal year. The report shall summarize the Office’s progress
in—
</text>
<paragraph id="H150E51A401CA468893518FC175985AE2">
<enum>
(1)
</enum>
<text>
meeting the
general objectives specified in paragraphs (1) and (2) of subsection
(a);
</text>
</paragraph>
<paragraph id="H6FC2EF4BC9A04B0DA8AA78F14B7BBA82">
<enum>
(2)
</enum>
<text>
meeting each of
the 4 goals specified in subsection (c)(3); and
</text>
</paragraph>
<paragraph id="H98C29739044E4629BF90ABF95B1C254A">
<enum>
(3)
</enum>
<text>
developing the
specific policies and initiatives specified in subsection (d).
</text>
</paragraph>
</subsection>
<subsection id="HC3C5CF756C9442B393D0810C23B44AD3">
<enum>
(f)
</enum>
<header>
Authorization of
appropriations
</header>
<text>
There are authorized to be appropriated to carry
out this section such sums as may be necessary for each of fiscal years 2013
through
2017.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H1EA7CC51105F4DDEB1681710CACFB4FC">
<enum>
178.
</enum>
<header>
Independent
evaluation of the efficiency and effectiveness of the Federal Workforce
Investment System
</header>
<subsection id="HA87355DDD91646E3B800A4A75921F1BB">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
In this section—
</text>
<paragraph id="H6106DD0130C84646AF107BAD5B47C68C">
<enum>
(1)
</enum>
<text>
the term
<term>
Federal job training program
</term>
means any federally funded employment
and training program; and
</text>
</paragraph>
<paragraph id="HE73EB964A6014AA3AF341F3110B44FB6">
<enum>
(2)
</enum>
<text>
the term
<term>
individual with barriers to employment
</term>
has the meaning given such
term in section 101(23) of the Workforce Investment Act of 2013.
</text>
</paragraph>
</subsection>
<subsection id="H09F7B66306C84F8299371ACB059917AE">
<enum>
(b)
</enum>
<header>
Evaluation by
the Government Accountability Office
</header>
<paragraph id="H4DA1C3AAF8BE4B1E8E733B7373DDF59B">
<enum>
(1)
</enum>
<header>
Evaluation
</header>
<text>
The
Comptroller General shall conduct an evaluation of the operations of federally
funded job training programs in order to evaluate their efficiency and
effectiveness in providing job training services to eligible participants,
particularly individuals with barriers to employment. The evaluation shall
consider—
</text>
<subparagraph id="H1C7183917E3145DAB6B4445B6256A674">
<enum>
(A)
</enum>
<text>
the findings of
the January 2011 report of the Government Accountability Office entitled
<quote>
Multiple Employment and Training Programs: Providing Information,
Co-locating Services and Consolidating Administrative Structures could Promote
Efficiencies
</quote>
(GAO–11–92);
</text>
</subparagraph>
<subparagraph id="H226D4725A0C34E7ABB7CD2E5C3B0E95A">
<enum>
(B)
</enum>
<text>
whether programs
need to be enhanced in order to more effectively provide needed
services;
</text>
</subparagraph>
<subparagraph id="HC6A5F77708144A3AAFE0A706FA579F6B">
<enum>
(C)
</enum>
<text>
whether programs
are effectively aligned to provide needed services to different eligible
populations; and
</text>
</subparagraph>
<subparagraph id="H447CA0FA166D4853837EF0E6A81E0C9F">
<enum>
(D)
</enum>
<text>
whether any
programs provide duplicative services to their participants and, if so,
why.
</text>
</subparagraph>
</paragraph>
<paragraph id="HE70B70593C8B46A18362F9FFF16A2C21">
<enum>
(2)
</enum>
<header>
Consultation and
recommendations
</header>
<text>
The Comptroller General shall consult with the
States, local workforce investment boards, businesses, labor organizations,
workforce advocates and community organizations, and relevant education-related
organizations in preparing its evaluation and may make any recommendations to
improve the efficiency and effectiveness of training programs and attain needed
levels of services and accessibility of services.
</text>
</paragraph>
<paragraph id="H924627EB8A2F4BA6BCB23D01C9CA5781">
<enum>
(3)
</enum>
<header>
Submission of
Plan
</header>
<text>
Not later than 12 months after the date of enactment of this
Act, the Comptroller General shall submit the evaluation and any plan for
improvement to the appropriate committees of Congress.
</text>
</paragraph>
</subsection>
</section>
</subtitle>
<subtitle commented="no" id="H9A39E787452843599EF6E8E162F5AA8C">
<enum>
F
</enum>
<header>
Community College
to Career Fund
</header>
<section commented="no" id="HEBE071AC2AAE40E5BB884BE09B886320" section-type="subsequent-section">
<enum>
181.
</enum>
<header>
Community College to
Career Fund
</header>
<text display-inline="no-display-inline">
Title I is further
amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H06232F27381243C2B74A8022FE3101AA" style="OLC">
<subtitle id="H7DE775692DCD42E59D92318500E01BB7">
<enum>
F
</enum>
<header>
Community College
to Career Fund
</header>
<section id="H005DA26BE0724407B46DD9E6391F4443">
<enum>
199.
</enum>
<header>
Community
College and Industry Partnerships Program
</header>
<subsection id="H66D02AF186654A19A1B3307F093AE3F2">
<enum>
(a)
</enum>
<header>
Grants
authorized
</header>
<text display-inline="yes-display-inline">
From funds
appropriated under section 199D(1), the Secretary of Labor and the Secretary of
Education, in accordance with the interagency agreement described in section
199E, shall award competitive grants to eligible entities described in
subsection (b) for the purpose of developing, offering, improving or providing
educational or career training programs for workers.
</text>
</subsection>
<subsection commented="no" id="H6548A138254F45EE8B08F587F6E6626C">
<enum>
(b)
</enum>
<header>
Eligible
entity
</header>
<paragraph id="H7534DF1D215E40C3946AB9BEB90B150A">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Entities eligible for
a grant under this section are any of the following (or a consortium of any of
the following) in partnership with employers or an association of
employers—
</text>
<subparagraph id="H8619B4F1DD6C494C93588B4BEEFA3474">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
a junior or community college (as defined
in section 312(f) of the Higher Education Act of 1965 (20 U.S.C.
1085(f)));
</text>
</subparagraph>
<subparagraph id="H93191E24717F439DA10D5F48C5239160">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
a four-year public institution of higher
education (as defined in section 101 of the Higher Education Act of 1965) that
offers two-year degrees, will use funds provided under this section for
activities at the certificate and associate degree levels, and is not
reasonably close, as determined by the Secretaries, to a community
college;
</text>
</subparagraph>
<subparagraph id="H10422DBB3E8C4197992A0F1C31769E95">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
a tribal college or university (as defined
in section 316(b) of the Higher Education Act); or
</text>
</subparagraph>
<subparagraph id="H3881802B7F124019A18149AFA2F181E7">
<enum>
(D)
</enum>
<text>
at the discretion
of the Secretaries, a private, not-for-profit, two-year institution of higher
education in Puerto Rico, Guam, the United States Virgin Islands, American
Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the
Marshall Islands, the Federated States of Micronesia, or the Republic of
Palau.
</text>
</subparagraph>
</paragraph>
<paragraph id="HE6203312CF9B42F58D74C3C13519DEFC">
<enum>
(2)
</enum>
<header>
Additional
Partnerships
</header>
<text>
In addition to partnering with employers or an
association of employers, the eligible entities described in paragraph (1) may
partner with any of the organizations described in subparagraphs (A) through
(D). Any such partnership shall collaborate with, and may include, the State or
local workforce investment board.
</text>
<subparagraph id="H203C8E4EC64246348259D473308E9757">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
An adult education provider or institution
of higher education (as defined in section 101 of the Higher Education Act of
1965).
</text>
</subparagraph>
<subparagraph id="HA994AE9CD09D421182D9AB7596E9FF2E">
<enum>
(B)
</enum>
<text>
A community-based
organization.
</text>
</subparagraph>
<subparagraph id="H6F0999B65D594244822057CC7229B530">
<enum>
(C)
</enum>
<text>
A joint-labor
management partnership.
</text>
</subparagraph>
<subparagraph id="H8EB5E9FA29764E0696745D5D37E61586">
<enum>
(D)
</enum>
<text>
Any other
organization that the Secretaries considers appropriate.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H2F51269552614C52B3D2851021EC4F63">
<enum>
(c)
</enum>
<header>
Application
</header>
<text display-inline="yes-display-inline">
An eligible entity seeking a grant under
this section shall submit a grant proposal to the Secretaries at such time and
containing such information as the Secretaries determine is required, including
a detailed description of—
</text>
<paragraph id="H56A306C5F8D648C1B2EDABC48642ED9D">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
the specific project for which the grant
proposal is submitted, including the manner in which the grant will be used to
develop, offer, improve, or provide an educational or career training
program;
</text>
</paragraph>
<paragraph id="H789B4FB5CE9440B9A26085A816D85FAC">
<enum>
(2)
</enum>
<text>
the extent to
which the project will meet the educational or career training needs of workers
in the area served by the eligible entity;
</text>
</paragraph>
<paragraph id="H2F76E53728EE49E0ABD6F4FC4C129C75">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
the extent to which the project will meet
the needs of employers in the region for skilled workers in in-demand industry
sectors and occupations;
</text>
</paragraph>
<paragraph id="H20E2BDDD92AE4DF98523B88C79D89E4A">
<enum>
(4)
</enum>
<text>
the extent to
which the project submitted fits within any overall strategic plan developed by
an eligible entity; and
</text>
</paragraph>
<paragraph id="HB2E96F6D314244E28D3B7527DA08DF85">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
any previous experience of the eligible
entity in providing educational or career training programs, the absence of
which shall not automatically disqualify an eligible institution from receiving
a grant under this section.
</text>
</paragraph>
</subsection>
<subsection id="H7DB90F4908A54541AA379FE2A26E3733">
<enum>
(d)
</enum>
<header>
Criteria for
award
</header>
<paragraph id="H572C59122EA94A258E46BFB42CDBBE88">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Grants under this section shall be awarded based on
criteria established by the Secretaries, that include the following:
</text>
<subparagraph id="HB97CB71C3D7C46C0A4A95B931E987471">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
A determination of the merits of the grant
proposal submitted by the eligible entity to develop, offer, improve, or
provide educational or career training programs to be made available to
workers.
</text>
</subparagraph>
<subparagraph id="H46B7FFF089EC416C889875FF32761531">
<enum>
(B)
</enum>
<text>
An assessment of
the likely employment opportunities available in the region to individuals who
complete an educational or career training program that the eligible entity
proposes to develop, offer, improve, or provide.
</text>
</subparagraph>
<subparagraph id="H127FD6D2156E4DDC90E6E1B85A722270">
<enum>
(C)
</enum>
<text>
An assessment of
prior demand for training programs by individuals eligible for training served
by the eligible entity as well as availability and capacity of existing
training programs to meet future demand for training programs.
</text>
</subparagraph>
</paragraph>
<paragraph id="H7201E1A717EF42F9B864A2FDC130009F">
<enum>
(2)
</enum>
<header>
Priority
</header>
<text display-inline="yes-display-inline">
The Secretaries shall give priority to
eligible entities that—
</text>
<subparagraph id="HFA865BE74F0C4EDC88BA713EE5FED0EA">
<enum>
(A)
</enum>
<text>
include a
partnership with a business or industry or sector partnership that—
</text>
<clause id="HFA27E58E74994B298E11C075AC15F31E">
<enum>
(i)
</enum>
<text>
pays a portion of
the costs of such programs; or
</text>
</clause>
<clause id="HB5D28CB99DC246DF91AA2EC0EFC7A591">
<enum>
(ii)
</enum>
<text>
agrees to hire
individuals who have completed a particular postsecondary degree, certificate,
or credential resulting from the training program of the eligible
entity;
</text>
</clause>
</subparagraph>
<subparagraph id="H3E3996888E9744EDA1EB2E4CB3C39D17">
<enum>
(B)
</enum>
<text>
enter into a
partnership with a labor organization or labor-management training program that
provides technical expertise for occupationally specific education necessary
for a recognized postsecondary credential leading to a skill occupation in an
in-demand industry sector;
</text>
</subparagraph>
<subparagraph id="HDA12C2CCE123444CABF782F455C231EC">
<enum>
(C)
</enum>
<text>
are focused on
serving individuals with barriers to employment, low-income, non-traditional
students as defined in section 803(j) of the Higher Education Act (20 U.S.C.
11561(c)(j)), students who are dislocated workers, students who are veterans,
or students who are long-term unemployed;
</text>
</subparagraph>
<subparagraph id="H7C35AE67D10C416E99E5FCD84318D042">
<enum>
(D)
</enum>
<text>
are community
colleges serving areas with high unemployment rates, including rural areas;
and
</text>
</subparagraph>
<subparagraph id="HCFD56A1B7CBA4193B2906566C0FCBCAD">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
are eligible entities that include an
institution of higher education eligible for assistance under title III or V of
the Higher Education Act of 1965.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HAAD7CA805BE14268A1A839E690BFEE4A">
<enum>
(e)
</enum>
<header>
Use of
funds
</header>
<text>
Grants awarded under this section shall be used for one or
more of the following:
</text>
<paragraph id="H2FF6E12FBB03447C8FFC1BA71BB4EA8E">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
The development, offering, improvement, or
provision of academic programs or training programs, that provide relevant job
training for skilled occupations that will meet the needs of employers in
in-demand industries sectors, and which may include registered apprenticeship
programs, on-the-job training programs, and programs that support employers in
upgrading the skills of their workforce.
</text>
</paragraph>
<paragraph id="H3AAF7EDC6B9848A7ADFBC412B345EA9B">
<enum>
(2)
</enum>
<text>
The development
and implementation of policies and programs to expand opportunities for
students to earn a recognized postsecondary credential or degree in in-demand
industry sectors and occupations, including by—
</text>
<subparagraph id="H0DB7A7D315524FA9A094BF59435763B6">
<enum>
(A)
</enum>
<text>
facilitating the
transfer of academic credits between institutions of higher education,
including the transfer of academic credits for courses in the same field of
study;
</text>
</subparagraph>
<subparagraph id="H784932F21BCB4C73A61ACB47DCFB161A">
<enum>
(B)
</enum>
<text>
expanding
articulation agreements and policies that guarantee transfer between such
institutions, including through common course numbering and general core
curriculum; and
</text>
</subparagraph>
<subparagraph id="H41765E0F52944502AF6FAA579A2FDF0C">
<enum>
(C)
</enum>
<text>
developing or
enhancing student support services programs.
</text>
</subparagraph>
</paragraph>
<paragraph id="HBE0E7930AA144825B763056C3D030706">
<enum>
(3)
</enum>
<text>
The creation of
workforce programs that provide a sequence of education and occupational
training that leads to a recognized postsecondary credential or degree,
including programs that—
</text>
<subparagraph id="H40C49985849F4D5C8B35CD558A625DF9">
<enum>
(A)
</enum>
<text>
blend basic skills
and occupational training;
</text>
</subparagraph>
<subparagraph id="HC992CBFB71084B21A8D55846323E36D6">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
facilitate means of transitioning from
non-credit occupational, basic skills, or developmental coursework to
for-credit coursework within and across institutions;
</text>
</subparagraph>
<subparagraph id="H0B2CAA0D14F5413E93D40A586E024C5A">
<enum>
(C)
</enum>
<text>
build or enhance
linkages including the development of dual enrollment programs and early
college high schools between secondary education or adult education programs
(including programs established under the Carl D. Perkins Career and Technical
Education Act of 2006 and title II of this Act);
</text>
</subparagraph>
<subparagraph id="HD51DDC5073E346E880583A71490FA593">
<enum>
(D)
</enum>
<text>
implement other
innovative programs designed to increase the provision of training for
students, including students who are veteran members of the National Guard or
Reserves, to enter skilled occupations in in-demand industry sectors;
and
</text>
</subparagraph>
<subparagraph id="H58AB9DDC690F4EC69EFBA73219ACD40E">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
support paid internships that will allow
students to simultaneously earn credit for work-based learning and gain
relevant employment experience in an in-demand industry sector or occupation,
which shall include opportunities that transition individuals into
employment.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2CE627DE02354ABFB22CF91AE3966A34">
<enum>
(4)
</enum>
<text>
The support of
regional or national in-demand industry sectors to develop skills consortia
that will identify pressing workforce needs and develop solutions such
as—
</text>
<subparagraph id="HFCA965EFB2BB4EE699A69746F2150843">
<enum>
(A)
</enum>
<text>
standardizing
industry certifications;
</text>
</subparagraph>
<subparagraph id="H73BFDE0CE62B49E0BB2CAD6F92E720B3">
<enum>
(B)
</enum>
<text>
developing new
training technologies; and
</text>
</subparagraph>
<subparagraph id="H3F8BF600D91C41D0B9AD68EA0D12FEB0">
<enum>
(C)
</enum>
<text>
collaborating with
industry employers to define and describe how specific skills lead to
particular jobs and career opportunities.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H3CE478D641FF402CAC64A1D3446AE950">
<enum>
199A.
</enum>
<header>
Pay-for-Performance
and Pay-for-Success Job Training projects
</header>
<subsection id="H15E33B921ECB441AA78837CF1B4E94E3">
<enum>
(a)
</enum>
<header>
Award grants
authorized
</header>
<text display-inline="yes-display-inline">
From funds
appropriated under section 199D(2), the Secretary of Labor and the Secretary of
Education, in accordance with the interagency agreement described in section
199E, shall award grants on a competitive basis to eligible entities described
in subsection (b) who meet specific performance outcomes and criteria
established by the Secretaries under subsection (c). Projects funded by grants
under this section shall be referred to as either Pay-for-Performance or
Pay-for-Success projects, as set forth in subsection (b).
</text>
</subsection>
<subsection commented="no" id="H22376B8EB70149A985D873B0B35C4D1D">
<enum>
(b)
</enum>
<header>
Eligible
entity
</header>
<text display-inline="yes-display-inline">
To be eligible to
receive a grant under this section an entity shall be a State or local
organization (which may be a local workforce organization) in partnership with
entities such as community colleges and other training providers who—
</text>
<paragraph id="HFE94E3BC4EBB42E99597A145DA653575">
<enum>
(1)
</enum>
<text>
in the case of
Pay-for-Performance projects, agree to be reimbursed primarily on the basis of
achievement of specified performance outcomes and criteria agreed upon by the
Secretaries under subsection (c); or
</text>
</paragraph>
<paragraph id="H3A78403F23CA4A56B4ACAE9D27424ED7">
<enum>
(2)
</enum>
<text>
in the case of
Pay-for-Success projects, include partnerships with investors, such as
philanthropic organizations that provide funding for a specific project or
projects to address a clear and measurable job training need in the community
or region and agree to be reimbursed under the grant only if the project or
projects meet specified performance outcomes and criteria agreed to by the
Secretaries under subsection (c).
</text>
</paragraph>
</subsection>
<subsection id="H08A3CB42CBA84309BFA0DA49F6BB8CC9">
<enum>
(c)
</enum>
<header>
Performance
outcomes and criteria
</header>
<text display-inline="yes-display-inline">
Not
later than 6 months after the date of the enactment of this subtitle, the
Secretary of Labor and the Secretary of Education shall establish and publish
specific performance measures for the initial qualification of eligible
entities to receive a grant under this section. At a minimum, to receive an
award an eligible entity shall—
</text>
<paragraph id="HC96FE04434FE4912B8B9F8B2D6AB4C28">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
identify a particular program area and
client population that is not achieving optimal outcomes;
</text>
</paragraph>
<paragraph id="H2AED016494844808A3C69074EAF3977B">
<enum>
(2)
</enum>
<text>
provide evidence
that the proposed strategy would achieve better results;
</text>
</paragraph>
<paragraph id="H1717F40F223E44B6BC55920A8E941FED">
<enum>
(3)
</enum>
<text>
clearly articulate
and quantify the improved outcomes of such new approach;
</text>
</paragraph>
<paragraph id="H681B64AF35AC4782AEBCC8CC260D7A42">
<enum>
(4)
</enum>
<text>
for
Pay-for-Success projects, specify a monetary value that would need to paid to
obtain such results and explain the basis for such value;
</text>
</paragraph>
<paragraph id="H2FB3CC7C42FD4DA198294D5121F354FC">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
identify data that would be required to
evaluate whether outcomes are being achieved for a target population and a
comparison group;
</text>
</paragraph>
<paragraph id="H8D129F705D474F0097E127AEAD7B7019">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
identify estimated savings that would
result from the improved outcomes, including to other programs or units of
government;
</text>
</paragraph>
<paragraph id="HEE18C8138D8140CB8191821FE089A2E9">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
demonstrate the capacity to collect
required data, track outcomes, and validate those outcomes; and
</text>
</paragraph>
<paragraph id="H7FF0D8F7D7044798980EDB1CBD7AB0CA">
<enum>
(8)
</enum>
<text>
any other criteria
the Secretaries may require.
</text>
</paragraph>
</subsection>
<subsection id="H5629AA14BA994FACBEB34F6D62EA9C4F">
<enum>
(d)
</enum>
<header>
Period of
availability for pay-for-Success projects
</header>
<text display-inline="yes-display-inline">
Funds appropriated to carry out
Pay-for-Success projects pursuant to section 199D(2) shall, upon obligation,
remain available for disbursement until expended, notwithstanding section 1552
of title 31, United States Code, and, if later deobligated, in whole or in
part, be available until expended for additional Pay-for-Success grants under
this section.
</text>
</subsection>
</section>
<section id="H3DFF1B0714FE4312945CE3E814A38AE2">
<enum>
199B.
</enum>
<header>
Bring Jobs
Back to America grants
</header>
<subsection id="H47596717939B44118F17B86998C0C2E2">
<enum>
(a)
</enum>
<header>
Grants
authorized
</header>
<text display-inline="yes-display-inline">
From funds
appropriated under section 199D(3), the Secretary of Labor and the Secretary of
Education, in accordance with the interagency agreement described in section
199E, shall award grants to State or local governments for job training and
recruiting activities that can quickly provided businesses with skilled workers
in order to encourage businesses to remain in or relocate to areas served by
such governments. The Secretaries shall coordinate with the Secretary of
Commerce in carrying out this section.
</text>
</subsection>
<subsection id="H8C6D78309B71434FAE840C593C78DAC4">
<enum>
(b)
</enum>
<header>
Purpose and use
of funds
</header>
<text display-inline="yes-display-inline">
Grants awarded under
this section may be used by a State or local government to issue subgrants to
eligible entities as designated by the Secretaries, including those described
in section 199(b), to assist such eligible entities in providing training
necessary to provide skilled workers for businesses that have relocated or are
considering relocating operations outside the United States, and may instead
relocate to the areas served by such governments.
</text>
</subsection>
<subsection id="H58C0B7746EFE4C5EAEFC100DEE030721">
<enum>
(c)
</enum>
<header>
Application
</header>
<text display-inline="yes-display-inline">
A State or local government seeking a grant
under the program established under subsection (a) shall submit an application
to the Secretaries in such manner and containing such information as the
Secretaries may require. At a minimum, each application shall include—
</text>
<paragraph id="H826E93EF08BC4FCAA33C7635FAE492F4">
<enum>
(1)
</enum>
<text>
a description of
the eligible entity or entities the State or local government proposes to
assist in providing job training or recruiting activities;
</text>
</paragraph>
<paragraph id="H7E0F4CB247FC4CE1B839A59FA794E9FA">
<enum>
(2)
</enum>
<text>
a description of
the proposed or existing business facility, including the number of jobs
relating to such facility and the average wage or salary of those jobs;
and
</text>
</paragraph>
<paragraph id="H3F72BE40370B4322A5C7591A2F098F59">
<enum>
(3)
</enum>
<text>
a description of
any other resources that the State has committed to assisting such business in
locating such facility, including tax incentives provided, bonding authority
exercised, and land granted.
</text>
</paragraph>
</subsection>
<subsection id="H203696E9540B43D0B7B4128459719438">
<enum>
(d)
</enum>
<header>
Criteria
</header>
<text>
The
Secretaries shall award grants to State and local governments that—
</text>
<paragraph id="HB851D03D6EC74E2D9D606CCA25D10035">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
the Secretaries determine are most likely
to succeed with a grant under the program in assisting an eligible entity in
providing the training necessary to cause a business or businesses to remain in
or relocate to areas served by such governments;
</text>
</paragraph>
<paragraph id="HBDFB2AB429E64045B0FC5C50F681962C">
<enum>
(2)
</enum>
<text>
will fund training
programs that will result in the greatest number and quality of jobs;
</text>
</paragraph>
<paragraph id="H712FD9863A0C4B92A07FD6134BDEB133">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
have committed State or other resources, to
the extent of their ability as determined by the Secretaries, to assist a
business or businesses to remain in or relocate to areas served by such
governments; and
</text>
</paragraph>
<paragraph id="H2979595F0306424FBAEF1191FB9F84E8">
<enum>
(4)
</enum>
<text>
have met such
other criteria as the Secretaries consider appropriate, including criteria
relating to marketing plans, benefits to ongoing regional or State strategies
for economic development and job growth.
</text>
</paragraph>
</subsection>
</section>
<section id="HF11A1AD5970148A2A94F69FD829BA694">
<enum>
199C.
</enum>
<header>
Grants for
Entrepreneur and Small Business startup training
</header>
<subsection id="H337D01FB80514B119F7BFFD1F7772CD3">
<enum>
(a)
</enum>
<header>
Grants
authorized
</header>
<text display-inline="yes-display-inline">
From funds
appropriated under section 199D(4), the Secretary of Labor and the Secretary of
Education, in accordance with the interagency agreement described in section
199E, shall award competitive grants to eligible entities described in
subsection (b) to provide training in starting a small business and
entrepreneurship. The Secretaries shall coordinate with the Administrator of
the Small Business Administration in carrying out this section including in the
development of criteria and selection of proposals.
</text>
</subsection>
<subsection id="HACB8BFAA81BA47F897AA350968FF94A7">
<enum>
(b)
</enum>
<header>
Eligible
entity
</header>
<paragraph id="H055881866AAB4A9FB0B0555B40A4AA80">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Entities eligible for
a grant under this section are any of the following (or a consortium of any of
the following) in partnership with at least one local or regional economic
development entity described in paragraph (2)—
</text>
<subparagraph id="HF899043951BF4860A9CE2A9EFFF34438">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
a junior or community college (as defined
in section 312(f) of the Higher Education Act of 1965 (20 U.S.C.
1085(f)));
</text>
</subparagraph>
<subparagraph id="HAC6D2BEFDF3B4697A752EAF2C0C28329">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
a four-year public institution of higher
education (as defined in section 101 of the Higher Education Act of 1965) that
offers two-year degrees, will use funds provided under this section for
activities at the certificate and associate degree levels, and is not
reasonably close, as determined by the Secretaries, to a community
college;
</text>
</subparagraph>
<subparagraph id="HDDBFA5F5B88449C78552CA7DE2DB5CF4">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
a tribal college or university (as defined
in section 316(b) of the Higher Education Act); or
</text>
</subparagraph>
<subparagraph id="H3A1340AA1CC847069D9F9AF646B7DE4F">
<enum>
(D)
</enum>
<text>
at the discretion
of the Secretaries, a private, not-for-profit, two-year institution of higher
education in Puerto Rico, Guam, the United States Virgin Islands, American
Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the
Marshall Islands, the Federated States of Micronesia, or the Republic of
Palau.
</text>
</subparagraph>
</paragraph>
<paragraph id="HBE5BE4D76D9E4FB59A2DFDF64BE64B8D">
<enum>
(2)
</enum>
<header>
Additional
Partnerships
</header>
<text display-inline="yes-display-inline">
Local or
regional economic development entities described in this paragraph are the
following:
</text>
<subparagraph id="H7A9DC7D591354F6386631D567F09B9C8">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
Small business development centers.
</text>
</subparagraph>
<subparagraph id="HF23BB0D095F74BA19FCA4B3E63DD2CF4">
<enum>
(B)
</enum>
<text>
Women’s business
centers.
</text>
</subparagraph>
<subparagraph id="HE206DB43EE7D45079B8C13F0B081EE2F">
<enum>
(C)
</enum>
<text>
Regional
innovation clusters.
</text>
</subparagraph>
<subparagraph id="HDAAE22717B8348A9B9780F1ED2159B0D">
<enum>
(D)
</enum>
<text>
Local accelerators
or incubators.
</text>
</subparagraph>
<subparagraph id="HC789C00A4AE942BFA7B77878868A187D">
<enum>
(E)
</enum>
<text>
State or local
economic development agencies.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HF564103FEB85456583428A4E2C6C7295">
<enum>
(c)
</enum>
<header>
Application
</header>
<text display-inline="yes-display-inline">
An eligible entity seeking a grant under
this section shall submit a grant proposal in such manner and containing such
information as the Secretaries and the Small Business Administrator shall
require. Such information shall include the manner in which entrepreneurship
training and education will be provided, the role of partners in such an
arrangement, and the manner in which the proposal will integrate and partner
with local economic development resources.
</text>
</subsection>
<subsection id="H90CABC755E50485C840E189BB9B6A1AA">
<enum>
(d)
</enum>
<header>
Use of
funds
</header>
<text display-inline="yes-display-inline">
Grants awarded under
this section shall be used to provide training in entrepreneurship and starting
a small business, including through online courses, intensive seminars, and
comprehensive courses.
</text>
</subsection>
</section>
<section id="HC1DA6B8453694A0DB390BD560BF3802E">
<enum>
199D.
</enum>
<header>
Authorization
of Appropriations
</header>
<subsection id="HA87FFBD00EDD46998A5D02B3667C21B2">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
There is authorized
to be appropriated $8,000,000,000 to carry out this subtitle, of which
$4,000,000,000 is authorized to be appropriated to the Secretary of Labor and
$4,000,000,000 is authorized to be appropriated to the Secretary of Education.
Such amounts shall be used to carry out the programs authorized by this
subtitle as follows:
</text>
<paragraph id="HD8BCFD80759447FCA5E1EBA963C93F64">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
$7,000,000,000 is authorized for the
program established by section 199;
</text>
</paragraph>
<paragraph id="HC29B86D1BC204E9AB007A31279114451">
<enum>
(2)
</enum>
<text>
$500,000,000 is
authorized for the program established by section 199A;
</text>
</paragraph>
<paragraph id="H3FA079E8247845068569B87D9FC35917">
<enum>
(3)
</enum>
<text>
$250,000,000 is
authorized for the program established by section 199B;
</text>
</paragraph>
<paragraph id="HA0712A33852A49C0A49D80D47EC985C9">
<enum>
(4)
</enum>
<text>
$250,000,000 is
authorized for the program established by section 199C; and
</text>
</paragraph>
<paragraph id="H78CD67DB2E614EDEA6AFC39DFC927C04">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
Not more than 5 percent of the amounts
authorized under paragraphs (1) through (4) may be used by the Secretaries to
administer each respective program, including providing technical assistance
and carrying out evaluations.
</text>
</paragraph>
</subsection>
<subsection id="HFEA5536DB178426FAA61B29AAED9DE21">
<enum>
(b)
</enum>
<header>
Period of
availability
</header>
<text display-inline="yes-display-inline">
Except as
provided in section 199A(d), the funds appropriated pursuant to subsection (a)
shall be available for Federal obligation for the fiscal year for which the
funds are appropriated and the succeeding 2 fiscal years.
</text>
</subsection>
</section>
<section id="H2D98938D1AE94DB8B8E3798388102D63">
<enum>
199E.
</enum>
<header>
Interagency
agreement
</header>
<subsection id="H9B9F8FA360EB44728853D5FA90901734">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Secretary of
Labor and the Secretary of Education shall jointly develop policies for the
administration of this subtitle in accordance with such terms as the
Secretaries shall set forth in an interagency agreement. Such interagency
agreement, at a minimum, shall include a description of the respective roles
and responsibilities of the Secretaries in carrying out this subtitle (both
jointly and separately), including—
</text>
<paragraph id="H834048D8EBA6426A80027D7BE7D37335">
<enum>
(1)
</enum>
<text>
how the funds
available under this subtitle will be obligated and disbursed and compliance
with applicable laws (including regulations) will be ensured, as well as how
the grantees will be selected and monitored;
</text>
</paragraph>
<paragraph id="H0B3820BBF6634EBB96A9C39309C2A36B">
<enum>
(2)
</enum>
<text>
how evaluations
and research will be conducted on the effectiveness of grants awarded under
this subtitle in addressing the education and employment needs of workers, and
employers;
</text>
</paragraph>
<paragraph id="H669EC05055BC4FA884D6A120355C2D14">
<enum>
(3)
</enum>
<text>
how technical
assistance will be provided to applicants and grant recipients;
</text>
</paragraph>
<paragraph id="H560EC4D65DFA4783A82669C79254F9CC">
<enum>
(4)
</enum>
<text>
how information
will be disseminated, including through electronic means, on best practices and
effective strategies and service delivery models for activities carried out
under this subtitle; and
</text>
</paragraph>
<paragraph id="H5102594A3BC141AF86A9F354E20B2E1C">
<enum>
(5)
</enum>
<text>
how policies and
processes critical to the successful achievement of the education, training,
and employment goals of this subtitle will be established.
</text>
</paragraph>
</subsection>
<subsection id="H52D39204095141C4A9281E7C8494DD37">
<enum>
(b)
</enum>
<header>
Transfer
authority
</header>
<text>
The Secretary of Labor and the Secretary of Education
shall have the authority to transfer funds between the Department of Labor and
the Department of Education to carry out this subtitle in accordance with the
agreement described in subsection (a). The Secretary of Labor and the Secretary
of Education shall have the ability to transfer funds to the Secretary of
Commerce and the Administrator of the Small Business Administration to carry
out sections 199B and 199C, respectively.
</text>
</subsection>
<subsection id="H76791A82EB124713AFA20B25FAA01091">
<enum>
(c)
</enum>
<header>
Reports
</header>
<text>
The
Secretary of Labor and the Secretary of Education shall jointly develop and
submit a biennial report to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the Workforce of the
House of Representatives, describing the activities carried out under this
subtitle and the outcomes of such
activities.
</text>
</subsection>
</section>
</subtitle>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
</title>
<title id="H88CBBE66748F4B4196ED076973D2A833">
<enum>
II
</enum>
<header>
Adult Education
and Literacy
</header>
<section id="H4F508DC8707547A39C70B06D282B0889">
<enum>
201.
</enum>
<header>
Purposes,
definitions, and miscellaneous provisions
</header>
<subsection id="HA5A41A177C4D4B4199215AA1EAB2538D">
<enum>
(a)
</enum>
<header>
Purpose
</header>
<text display-inline="yes-display-inline">
Section 202 is amended to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="H21470D00EFB1469DAD77DCA07D04D4CC" style="OLC">
<section id="H5BF6E2D5609D4ECB9D68CA0BE687B0E7">
<enum>
202.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
It is the purpose of this title to create a
partnership among the Federal Government, States, and localities to provide, on
a voluntary basis, adult education and literacy activities, in order to—
</text>
<paragraph id="HD5C5D2F884A843D2A9E85260062A3921">
<enum>
(1)
</enum>
<text>
assist adults to
become literate and obtain the knowledge and skills necessary for employment
and economic self-sufficiency;
</text>
</paragraph>
<paragraph id="H66E1671C09AB4709B5E977A0B849D01A">
<enum>
(2)
</enum>
<text>
assist adults who
are parents to obtain the education and skills that—
</text>
<subparagraph id="HC0C5C010000D4845B167DEAA8BB1E196">
<enum>
(A)
</enum>
<text>
are necessary to
becoming full partners in the educational development of their children;
and
</text>
</subparagraph>
<subparagraph id="H3C54ABCA4379417C80C04A12D810354C">
<enum>
(B)
</enum>
<text>
lead to
sustainable improvements in the economic opportunities for their family;
</text>
</subparagraph>
</paragraph>
<paragraph id="H1AC34798947F45ED80567526B18299C8">
<enum>
(3)
</enum>
<text>
assist adults in
attaining a secondary school diploma or its equivalent and in the transition to
and success in postsecondary education and training, including through career
pathways;
</text>
</paragraph>
<paragraph id="HADE302557B004BD686EFE5D2A61540AE">
<enum>
(4)
</enum>
<text>
assist immigrants
and other individuals who are English language learners in improving their
reading, writing, speaking, and comprehension skills in English;
</text>
</paragraph>
<paragraph id="HDE49D65394B44F40B5114D21E40E20EE">
<enum>
(5)
</enum>
<text>
assist immigrants
in acquiring an understanding of the American system of government and the
responsibilities of citizenship;
</text>
</paragraph>
<paragraph id="H46768FE390544D99B54E862D6FFE5BFB">
<enum>
(6)
</enum>
<text>
assist States in
expanding a 21st century delivery system for adult education, literacy, and
workplace skills services that meet the needs of adults at all skill
levels;
</text>
</paragraph>
<paragraph id="H2C3BE3CFA631483197438F871D766B3B">
<enum>
(7)
</enum>
<text>
assist adults in
developing technology literacy; and
</text>
</paragraph>
<paragraph id="HD6D4EEFD6A1845B19A5309DA358FD346">
<enum>
(8)
</enum>
<text display-inline="yes-display-inline">
enable more adults to complete adult
education and enter and succeed in postsecondary education and
employment.
</text>
</paragraph>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H92C57943D7DF450894ECECB219F30821">
<enum>
(b)
</enum>
<header>
Definitions
</header>
<text>
Section
203 is amended—
</text>
<paragraph id="H2C93D366C7EA427288CF6A6D8C8759CF">
<enum>
(1)
</enum>
<text>
by amending
paragraph (1) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HD8A11F7C6D0F4CB8848883DBA71A46D1" style="OLC">
<paragraph commented="no" id="HA4DAD124C53C4AB18D42EAB27A017D73">
<enum>
(1)
</enum>
<header>
Adult
education
</header>
<text>
The term
<term>
adult education
</term>
means academic
instruction and services below the postsecondary level that increase an
individual’s ability to—
</text>
<subparagraph commented="no" id="HD41313D6BDBB4053970E4365E596DAB1">
<enum>
(A)
</enum>
<text>
read, write, and
speak in English and perform mathematics or other activities necessary for the
attainment of a secondary school diploma or its recognized equivalent;
</text>
</subparagraph>
<subparagraph commented="no" id="H16389C89145D4572BE1A88AC5F4168F1">
<enum>
(B)
</enum>
<text>
transition to and
success in postsecondary education and training; or
</text>
</subparagraph>
<subparagraph commented="no" id="H44939B72A7F04469A46D45B9AB652D98">
<enum>
(C)
</enum>
<text>
obtain
employment.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H50B2F4623BAF44278CD82C236EA60703">
<enum>
(2)
</enum>
<text>
in paragraph (2),
by striking
<quote>
activities described in section 231(b)
</quote>
and inserting
<quote>
programs, activities, and services that include adult education,
literacy, workplace adult education and literacy activities, family literacy
activities, English language acquisition activities, workforce preparation
activities, or integrated education and training
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="HDF611FE9139E47F7866E630827857E97">
<enum>
(3)
</enum>
<text>
by striking
paragraphs (3), (8), (9), (10), (13), (14), and (17) and redesignating
paragraphs (4), (7), (11), (12), (15), (16), and (18) as paragraphs (3), (9),
(10), (11), (13), (14), and (15), respectively;
</text>
</paragraph>
<paragraph id="H3199262B954D46459FF7BC05F0359A6A">
<enum>
(4)
</enum>
<text>
in paragraph (3)
(as so redesignated), by inserting
<quote>
activities
</quote>
after
<quote>
literacy
</quote>
;
</text>
</paragraph>
<paragraph id="H80B6A077BF5E4A2CA8B8E8D18E4A96F5">
<enum>
(5)
</enum>
<text>
by inserting after
paragraph (3) (as so redesignated) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H23519B619348432DA516291AC6261EF0" style="OLC">
<paragraph commented="no" id="H2C2785A7AC8948FBAA1CD6052CB8A5CB">
<enum>
(4)
</enum>
<header>
Eligible
individual
</header>
<text>
The term
<term>
eligible individual
</term>
means an
individual—
</text>
<subparagraph commented="no" id="HA66B48F07DCA494EB4EF14EE2F783EEA">
<enum>
(A)
</enum>
<text>
who has attained
16 years of age;
</text>
</subparagraph>
<subparagraph commented="no" id="H86E5423CD5E94CDEAB5F1AB3A9F9D295">
<enum>
(B)
</enum>
<text>
who is not
enrolled or required to be enrolled in secondary school under State law;
and
</text>
</subparagraph>
<subparagraph commented="no" id="H180B203AC84A400AADB4F688FFCB3358">
<enum>
(C)
</enum>
<text>
who—
</text>
<clause commented="no" id="H274E9AEF926642718D48F81474205AC7">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
is unable to compute or solve problems, or
read, write, or speak English at a level necessary to function on the job, in
the individuals’ family, or in society;
</text>
</clause>
<clause commented="no" id="HD2343D200BB443AE9A32AB7A79BEAC72">
<enum>
(ii)
</enum>
<text>
does not have a
secondary school diploma or its recognized equivalent, and has not achieved an
equivalent level of education; or
</text>
</clause>
<clause commented="no" id="HD31465007F754F149C5CF11C4F8C2107">
<enum>
(iii)
</enum>
<text>
is an English
language
learner.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HF628AD2EB3C9415C8B1CBD6AA12FD028">
<enum>
(6)
</enum>
<text>
in paragraph
(5)—
</text>
<subparagraph id="H340B33903CB946129A154FDA027077A0">
<enum>
(A)
</enum>
<text>
by striking
<quote>
means—
</quote>
and inserting
<quote>
means an organization that has
demonstrated effectiveness in providing adult education and literacy activities
that may include—
</quote>
;
</text>
</subparagraph>
<subparagraph id="HC59EB3126AAC475188B0DD5922288F04">
<enum>
(B)
</enum>
<text>
in subparagraphs
(B) and (C), by striking
<quote>
of demonstrated effectiveness
</quote>
both
places it appears;
</text>
</subparagraph>
<subparagraph id="H8AB9E4DC70794762AA0EC654E836062D">
<enum>
(C)
</enum>
<text>
in subparagraph
(H), by striking
<quote>
literacy services
</quote>
and all that follows and
inserting
<quote>
adult education and literacy activities to eligible
individuals;
</quote>
;
</text>
</subparagraph>
<subparagraph id="HD16A844144CA4B7CA37C7AFA1ABAAA23">
<enum>
(D)
</enum>
<text>
in subparagraph
(I), by striking the period at the end and inserting
<quote>
; and
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="H6CF44F727ECB42749E69663EF371EE80">
<enum>
(E)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC49D9199D06043D4B5B8201F6398954E" style="OLC">
<subparagraph commented="no" id="H59E91537B6D6418297C8B0B32F9FCA30">
<enum>
(J)
</enum>
<text>
a partnership
between an employer and an entity described in any of subparagraphs (A) through
(I).
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HDDEE750E1231483988AEFDFC88A32B0B">
<enum>
(7)
</enum>
<text>
by amending
paragraph (6) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HDE57EDE918ED4081BDC5147BBF139413" style="OLC">
<paragraph commented="no" id="HC383F603DDBD44D199EE4D2C83BF740F">
<enum>
(6)
</enum>
<header>
English language
acquisition program
</header>
<text>
The term
<term>
English language acquisition
program
</term>
means a program of instruction—
</text>
<subparagraph commented="no" id="H215A65BFBA2344DF9C5A65727309BE2A">
<enum>
(A)
</enum>
<text>
designed to help
eligible individuals who are English language learners achieve competence in
reading, writing, speaking, and comprehension of the English language;
</text>
</subparagraph>
<subparagraph commented="no" id="H5A645EDFE43B45AFA9C12A220AC2A416">
<enum>
(B)
</enum>
<text>
that may lead
to—
</text>
<clause commented="no" id="H742F8107970D4255811E5ED4C6E30E13">
<enum>
(i)
</enum>
<text>
attainment of a
secondary school diploma or its recognized equivalent;
</text>
</clause>
<clause commented="no" id="H27ECCACD217D4A73A4EE6B35A58483D4">
<enum>
(ii)
</enum>
<text>
transition to
success in postsecondary education and training; and
</text>
</clause>
<clause commented="no" id="HAECC5646FB4B4191A7B8F0EF93FFAED7">
<enum>
(iii)
</enum>
<text>
employment or
career advancement; and
</text>
</clause>
</subparagraph>
<subparagraph id="HBD0848EEB36340A8ADE1B06C45F047AD">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
that such programs may be sequential,
integrated, or concurrent in
nature.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H11362DD8400E4DE7A28520854A1AEFF5">
<enum>
(8)
</enum>
<text>
by inserting after
paragraph (6) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H615ADB60E3F246C39ECCFF506D3CDD53" style="OLC">
<paragraph commented="no" id="H197FC2CE34F4486986A87169643DB411">
<enum>
(7)
</enum>
<header>
English language
learner
</header>
<text>
The term
<term>
English language learner
</term>
when used
with respect to an eligible individual, means an eligible individual who has
limited ability in reading, writing, speaking, or comprehending the English
language, and—
</text>
<subparagraph commented="no" id="H1260C4A87BD94341BC222FF8E7B3D264">
<enum>
(A)
</enum>
<text>
whose native
language is a language other than English; or
</text>
</subparagraph>
<subparagraph commented="no" id="HCC3EC05E81974803A10C972A8AB2128E">
<enum>
(B)
</enum>
<text>
who lives in a
family or community environment where a language other than English is the
dominant language.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H177FC50A8B744C4B87891214002A9DC5">
<enum>
(8)
</enum>
<header>
High quality
literacy instruction
</header>
<text display-inline="yes-display-inline">
The term
<term>
high quality literacy instruction
</term>
means developmentally
appropriate, explicit, and systematic instruction that provides students
with—
</text>
<subparagraph id="HEC1FD3157D4C438B92E9369BC165F8BC">
<enum>
(A)
</enum>
<text>
early development
and grade-level mastery of oral language skills, both listening and speaking,
phonological awareness, using a wide vocabulary, conventional forms of grammar,
and academic language;
</text>
</subparagraph>
<subparagraph id="HF8EB1EDA47624EF78386513ABF3C0D04">
<enum>
(B)
</enum>
<text>
the ability to
read regularly spelled words and high-frequency irregularly spelled words and
to decode regularly spelled unfamiliar words accurately, using phonemic
awareness, print awareness, alphabet knowledge, and knowledge of English
spelling patterns;
</text>
</subparagraph>
<subparagraph id="H659D9FE9B5F7470CA74CDB52470630DD">
<enum>
(C)
</enum>
<text>
the ability to
read texts accurately, fluently, and with comprehension, relying on knowledge
of the vocabulary in those texts and of the background information that the
students possess;
</text>
</subparagraph>
<subparagraph id="HB08A61368C144FCBB196F6F03175B8DD">
<enum>
(D)
</enum>
<text>
the ability to
read with a purpose and the capacity to differentiate purposes and to select
and apply comprehension strategies appropriate to achieving the purpose;
</text>
</subparagraph>
<subparagraph id="H065FFF7F71274326A345E4B81BD1E915">
<enum>
(E)
</enum>
<text>
an understanding
of, and ability to adapt to, the varying demands of different genres, formats,
and types of texts across the core content areas in order to comprehend texts
of appropriate levels of complexity and content, including texts necessary for
mastery of grade-level standards;
</text>
</subparagraph>
<subparagraph id="H85A32688DF614EC4AD804624981ADDB6">
<enum>
(F)
</enum>
<text>
the ability to
effectively access, critically evaluate, and appropriately synthesize
information from a variety of sources and formats;
</text>
</subparagraph>
<subparagraph id="H4FBB0A62AE0A4E5188525D85BD6FEF4C">
<enum>
(G)
</enum>
<text>
the development
and maintenance of a motivation to read and write, as reflected in habits of
reading and writing regularly and or discussing one’s reading and writing with
others; and
</text>
</subparagraph>
<subparagraph id="H22D77125517B460CBDEF87892D27862A">
<enum>
(H)
</enum>
<text>
the ability to
write clearly, accurately, and quickly so as to communicate ideas and deepen
comprehension, in ways that fit purpose, audience, occasion, discipline, and
format; adhere to conventions of spelling and punctuation; and benefit from
revision so as to improve clarity, coherence, logical development, and the
precise use of
language.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H743379B8A92B424EA35FC40CC77B264B">
<enum>
(9)
</enum>
<text>
in paragraph
(9)—
</text>
<subparagraph id="H3424C32BD7AE45CDA94FE622D283EFEC">
<enum>
(A)
</enum>
<text>
in the paragraph
heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Services
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
Activities
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="H005064E3FAFF4153A5DC5474B8268751">
<enum>
(B)
</enum>
<text>
in the matter
preceding subparagraph (A)—
</text>
<clause id="H02D95CEAAAA64555BC44A5BD4A948143">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
services
</quote>
both places it appears and inserting
<quote>
activities
</quote>
; and
</text>
</clause>
<clause id="HFAD4BE40D3E64670A325096B603143E1">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
changes in a family
</quote>
and inserting
<quote>
improvements
in the economic prospects for a family and that better enable parents to
support their children’s learning needs
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H2A24B7A202B8488DB5E6982A1E2B3647">
<enum>
(C)
</enum>
<text>
by striking
subparagraph (C) and redesignating subparagraphs (A) and (B) as subparagraphs
(B) and (C), respectively; and
</text>
</subparagraph>
<subparagraph id="H4475F532380C437CA5E6942D79D0E742">
<enum>
(D)
</enum>
<text>
by inserting
before subparagraph (B) (as so redesignated) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H8085413B9A1A4978A46AA62061179D4F" style="OLC">
<subparagraph commented="no" id="H68F6165F2D3540A4A971CF188AC4A387">
<enum>
(A)
</enum>
<text>
Parent adult
education and literacy activities that lead to readiness for the attainment of
a secondary school diploma or its recognized equivalent postsecondary education
or training, employment, career advancement, and economic
self-sufficiency.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HBBFC316D01FF49F5A4922DA8F3D8DAD8">
<enum>
(10)
</enum>
<text>
by inserting
after paragraph (10) (as so redesignated) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA88B68D09C6946238E6EF0D5CB75C3D7" style="OLC">
<paragraph commented="no" id="HD0E9173B59324C78AD33524670F516EA">
<enum>
(11)
</enum>
<header>
Integrated
education and training
</header>
<text>
The term
<term>
integrated education and
training
</term>
means services that provide adult education and literacy
activities contextually and concurrently with workforce preparation activities
and workforce training for a specific occupation or occupational cluster. Such
services may include offering adult education services concurrent with
credit-bearing postsecondary education and training, including through
co-instruction.
</text>
</paragraph>
<paragraph id="HBC5D2D19EC4148B2B5FE5E2550C7C461">
<enum>
(12)
</enum>
<header>
Integrated
English literacy and civics education
</header>
<text display-inline="yes-display-inline">
The term
<term>
integrated English literacy
and civics education
</term>
means an integrated program of educational services
for immigrant and other limited English proficient adults, including immigrant
professionals with degrees and credentials in their native countries, that
enables them to achieve competency in the English language and acquire the
basic and more advanced skills needed to function effectively as parents,
workers, and citizens. Such programs shall include instruction in literacy and
English language acquisition and instruction on the rights and responsibilities
of citizenship and civic participation, and may include workforce
training.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H3F2B73764B354D049E571327BB27FAA4">
<enum>
(11)
</enum>
<text>
by amending
paragraph (15) (as so redesignated) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H2595D9C6AD8D4A4DADD23D8E7A7DB03C" style="OLC">
<paragraph commented="no" id="HD582EF8D833E4C00BDF259AFA2AE428C">
<enum>
(15)
</enum>
<header>
Workplace adult
education and literacy activities
</header>
<text>
The term
<term>
workplace adult
education and literacy activities
</term>
means adult education and literacy
activities offered by an eligible provider in collaboration with an employer or
employee organization at a workplace or an off-site location that is designed
to improve the productivity of the
workforce.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H4AFDD3C12A6B4245BE34A5FA88282DB2">
<enum>
(12)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H975E74B5C339454D9D129EB093508E8D" style="OLC">
<paragraph commented="no" id="HDCB7882841794165822B29B43F8C03C1">
<enum>
(16)
</enum>
<header>
Workforce
preparation activities
</header>
<text>
The term
<term>
workforce preparation
activities
</term>
means activities, programs, or services designed to help an
individual acquire a combination of basic academic skills, critical thinking
skills, and self-management skills, including competencies in utilizing
resources, using information, working with others, understanding systems,
working with technology, and skills necessary for successful transition into
and completion of postsecondary education or training, or
employment.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H37AD27A219CA4A95B6A383FE6EEED3D4">
<enum>
(c)
</enum>
<header>
Home
schools
</header>
<text>
Section 204 is amended—
</text>
<paragraph id="H9A130F0289D646878081739E65D98368">
<enum>
(1)
</enum>
<text>
by inserting
<quote>
whether a home school is treated as a home school or a private school
under State law,
</quote>
after
<quote>
home schools,
</quote>
; and
</text>
</paragraph>
<paragraph id="H8D73549A9E264AE2A2ADE6984DC34FEC">
<enum>
(2)
</enum>
<text>
by striking
<quote>
an English literacy program
</quote>
and all that follows and inserting
<quote>
adult education and literacy activities.
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H4E2AE9BD3CFE4B04AE0780D62A26C678">
<enum>
(d)
</enum>
<header>
Rule of
construction
</header>
<text>
Title II is further amended by redesignating section
205 as section 206 and inserting after section 204 the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA70775C3C59B4924B0ABFC4B9369ADED" style="OLC">
<section id="H685F93C4ED464C89BF0D053749829126">
<enum>
205.
</enum>
<header>
Rule of
construction regarding postsecondary transition and concurrent enrollment
activities
</header>
<text display-inline="no-display-inline">
Nothing in this
title shall be construed to prohibit or discourage the use of funds provided
under this title for adult education and literacy activities that help eligible
individuals transition to and succeed in postsecondary education, including
credit-bearing coursework, and training or employment, or for concurrent
enrollment
activities.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HDE021C6318724D3BA12F3887472D77F3">
<enum>
(e)
</enum>
<header>
Authorization of
Appropriations
</header>
<text>
Section 206 (as so redesignated) is
amended—
</text>
<paragraph id="H57BEF3094C6D480CA6CB4BDD4211BD24">
<enum>
(1)
</enum>
<text>
by inserting
<quote>
$1,100,000,000 for fiscal year 2013 and
</quote>
after
<quote>
to carry
out this title
</quote>
; and
</text>
</paragraph>
<paragraph commented="no" id="HF8B4D2626472491EAE2C4183013BE2C2">
<enum>
(2)
</enum>
<text>
by striking
<quote>
of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
succeeding fiscal year
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HBA0E7BB287A7440D906A1D7F49951328">
<enum>
(f)
</enum>
<header>
Technical
amendment
</header>
<text>
Title II is further amended—
</text>
<paragraph id="H3A59B6EDFB6A4B26BE40F4F9A613CF1C">
<enum>
(1)
</enum>
<text>
by striking
subtitle B;
</text>
</paragraph>
<paragraph id="H8AF49BA2F0DB4098B15BDE855D4ED897">
<enum>
(2)
</enum>
<text>
by striking the
subtitle A designation; and
</text>
</paragraph>
<paragraph id="HE240F4676B84403EA761AF524EBC0B49">
<enum>
(3)
</enum>
<text>
by redesignating
chapters 1 through 4 as subtitles A through D, respectively.
</text>
</paragraph>
</subsection>
</section>
<section id="HAFA91A7E1FC4415781FD91C04694C715">
<enum>
202.
</enum>
<header>
Amendments to
subtitle A
</header>
<subsection id="H222154D546DA4636ACFC80E20B5CAF11">
<enum>
(a)
</enum>
<header>
Reservation of
funds, eligible agencies, allotments
</header>
<text display-inline="yes-display-inline">
Section 211 is amended—
</text>
<paragraph id="H9138B15434BD409F97EC322FA2FFB89B">
<enum>
(1)
</enum>
<text>
by amending
subsection (a) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HD9ED719BE1A94309BCAB9A2E25DA40A4" style="OLC">
<subsection commented="no" id="H2983AF2534604B539BAC318E4F4935B2">
<enum>
(a)
</enum>
<header>
Reservation of
funds
</header>
<text>
From the sum appropriated under section 206 for a fiscal
year, the Secretary—
</text>
<paragraph commented="no" id="HE630E720B2644B4B81569526A1E0438F">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
shall reserve $250,000,000 to carry out
section 242(c)(1)(E);
</text>
</paragraph>
<paragraph id="HCD208FA8DA94422AA4246C68004A0F5B">
<enum>
(2)
</enum>
<text>
shall reserve 1.5
percent to carry out the remainder of section 242, except that the amount so
reserved shall not exceed $15,000,000;
</text>
</paragraph>
<paragraph commented="no" id="HB1041F9D42B24B3CA25AD30B996D2D6E">
<enum>
(3)
</enum>
<text>
shall reserve 1.5
percent to carry out section 243, except that the amount so reserved shall not
exceed $12,000,000; and
</text>
</paragraph>
<paragraph commented="no" id="HD1EDC06B3BC74125AAB9A7BD6FC380AC">
<enum>
(4)
</enum>
<text>
shall reserve 12
percent of the amount that remains after reserving funds under paragraphs (1)
and (2) to carry out section
244.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H9C8BE4A8FFE84320A645BBA7238D2F82">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="HEC472206127347D8B93BC739A7553659">
<enum>
(A)
</enum>
<text>
by striking
<quote>
section 205
</quote>
and inserting
<quote>
section 206
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H369A8D628D744486A0F1213D6C2F2F84">
<enum>
(B)
</enum>
<text>
by striking
<quote>
section 224
</quote>
and inserting
<quote>
section 112 or a State unified
plan approved under section 113
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H7C54224F7B6B460E9C17555D089EB557">
<enum>
(3)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="HD51246227206478E8CF03F4BEAC4F9ED">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="H34CB21EA01ED4300B5B8119CF6ED8605">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
section 205
</quote>
and inserting
<quote>
section
206
</quote>
;
</text>
</clause>
<clause commented="no" id="H8D40F9DDC8094718ADF4BF6F35EA3BE5">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
section 224
</quote>
and inserting
<quote>
section 112 or a State unified
plan approved under section 113
</quote>
;
</text>
</clause>
<clause id="H230297C623BD42E59D9A3B6B5120D941">
<enum>
(iii)
</enum>
<text>
in
subparagraph (A)—
</text>
<subclause id="H344BCDC4D16E4701B531665E976FF36A">
<enum>
(I)
</enum>
<text>
by striking
<quote>
$100,000
</quote>
and inserting
<quote>
$250,000
</quote>
; and
</text>
</subclause>
<subclause id="H8706A49B921B462E9F444DD7FF53AFB5">
<enum>
(II)
</enum>
<text>
by inserting
<quote>
except as provided in subsection (e)
</quote>
after
<quote>
outlying
area
</quote>
; and
</text>
</subclause>
</clause>
<clause id="HC31C9DCE02FB4FE19AB295A1AB99F662">
<enum>
(iv)
</enum>
<text>
in
subparagraph (B), by striking
<quote>
$250,000
</quote>
and inserting
<quote>
$350,000
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H80BFB335B8E34F7E95C423B80E7AAEED">
<enum>
(B)
</enum>
<text>
in paragraph (2),
by striking
<quote>
section 205
</quote>
and inserting
<quote>
section
206
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H92F654505F4848BEA97BCB5AAB77A102">
<enum>
(4)
</enum>
<text>
by amending
subsection (f) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H2783A3A78D4A422796C059FC84F4AB46" style="OLC">
<subsection id="HA5414DA0346A4AA49CCEED08D5876CD0">
<enum>
(f)
</enum>
<header>
Hold-Harmless
provisions
</header>
<paragraph id="H4E0E661542DA42ECB0E16EED8780FE13">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Notwithstanding subsection (c), for fiscal year 2011 and
each succeeding fiscal year, no eligible agency shall receive an allotment
under this section that is less than 90 percent of the allotment the eligible
agency received for the preceding fiscal year under this section.
</text>
</paragraph>
<paragraph id="H9BF118FEBA1D48DAB758361224853AA2">
<enum>
(2)
</enum>
<header>
100 Percent
allotment
</header>
<text>
Notwithstanding paragraph (1) of subsection (e), for a
fiscal year for which an eligible agency receives only an initial allotment
under subsection (c)(1) (and no additional allotment under subsection (c)(2))
the eligible agency shall receive an allotment under this section that is equal
to 100 percent of the initial allotment under subsection (c)(1).
</text>
</paragraph>
<paragraph id="H79B1F3473E8945B5A6C5D1CD4E96B245">
<enum>
(3)
</enum>
<header>
Ratable
reduction
</header>
<text>
If for any fiscal year the amount available for
allotment under this title is insufficient to satisfy the provisions of
paragraphs (1) and (2), the Secretary shall ratably reduce the payments to all
eligible agencies, as necessary.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H4AE0E4CB8F6345739A990E2341D70B45">
<enum>
(5)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HCA72515679934EC19254849BE07A5453" style="OLC">
<subsection id="HAC6A40AE296E439696A2716BFF3058B5">
<enum>
(h)
</enum>
<header>
Study and
report
</header>
<paragraph id="H4BEDB67492914C4CA2337EC1D707FDF8">
<enum>
(1)
</enum>
<header>
Study
</header>
<text>
The
Comptroller General of the United States shall conduct a study concerning the
formula described in this section and, in conducting the study, shall, at a
minimum—
</text>
<subparagraph id="H1EE1DD57C6BC4E698767BA2326118FF1">
<enum>
(A)
</enum>
<text>
examine whether
the formula results in a distribution of funds that sufficiently targets the
entire population of individuals eligible for adult education and literacy
activities under this title;
</text>
</subparagraph>
<subparagraph id="H887621F113ED41D791BC2AE5CF59CAD8">
<enum>
(B)
</enum>
<text>
examine whether
the data used to count qualified adults, for purposes of the formula,
accurately identify the population of individuals eligible for the activities;
and
</text>
</subparagraph>
<subparagraph id="H9BF8459330984220AC2A4B287926DAE4">
<enum>
(C)
</enum>
<text>
develop
recommendations, as necessary, for improving the formula so that the formula
results in a distribution of funds that better serves that population and the
data used to count qualified adults accurately measure that population.
</text>
</subparagraph>
</paragraph>
<paragraph id="H84262418141F45F19B09EB508EED3BE9">
<enum>
(2)
</enum>
<header>
Report
</header>
<text>
Not
later than 3 years after the date of enactment of the
<short-title>
Workforce Investment Act of
2013
</short-title>
, the Comptroller General shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of Representatives a report containing
the results of the study described in paragraph
(1).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H05560FD077AC471EB92519605EF57D3A">
<enum>
(b)
</enum>
<header>
Performance
accountability system
</header>
<text>
Section 212 is amended to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="HE23CA7538B7E4A289C4A58B942DF4BD1" style="OLC">
<section commented="no" id="HF582A7E3ECAA46D59CE108CA405CF0B5">
<enum>
212.
</enum>
<header>
Performance
accountability system
</header>
<text display-inline="no-display-inline">
Programs
and activities authorized in this title are subject to the performance
accountability provisions described in section 136. Additional indicators shall
include the following:
</text>
<paragraph id="H0A89E85677514E95AEF144F63C9ADE95">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
Demonstrated improvements in literacy skill
levels in reading, writing, and speaking the English language, numeracy,
English language acquisition, and other literacy skills.
</text>
</paragraph>
<paragraph id="H1EF37F24A1554CD090DA23A62D493B82">
<enum>
(2)
</enum>
<text>
Receipt of a
secondary school diploma or its equivalent.
</text>
</paragraph>
<paragraph id="H756F49BC15E64270965F8E491FCFDBE0">
<enum>
(3)
</enum>
<text>
Attainment of an
industry-recognized workforce readiness credential or other recognized
postsecondary credential, the attainment of which requires skills below the
postsecondary level.
</text>
</paragraph>
<paragraph id="H4E9534FFAA4E4F3CBCF6B926790423E0">
<enum>
(4)
</enum>
<text>
Placement in,
retention in, or completion of a postsecondary education or training
program.
</text>
</paragraph>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H7739B77BB2BD472E823709B51C375286">
<enum>
203.
</enum>
<header>
Amendments to
subtitle B
</header>
<subsection id="H92EFAFAF290D439AA17B6781F344DB20">
<enum>
(a)
</enum>
<header>
State
administration
</header>
<text display-inline="yes-display-inline">
Section 221 is
amended—
</text>
<paragraph id="HC1DEBE08A437448C9BD9C8977850F60F">
<enum>
(1)
</enum>
<text>
in paragraph (1),
by striking
<quote>
submission, and implementation of the State plan
</quote>
and
inserting
<quote>
implementation, and monitoring of the relevant components of
the State unified plan in section 112 or the State unified plan in section
113
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HC6A83DD4246A4895859C776C9366DE5D">
<enum>
(b)
</enum>
<header>
State
distribution and matching requirement
</header>
<text>
Section 222 is
amended—
</text>
<paragraph id="H4964565012E0434F87CC788D2573A7AD">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="H4CDA70C0A03D4BC9B9A220D5A0E2FC87">
<enum>
(A)
</enum>
<text>
in the matter
preceding paragraph (1), by striking
<quote>
this subtitle
</quote>
and inserting
<quote>
section 211(b)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H0B63D54C0AF34E40A53A5FBED71266F6">
<enum>
(B)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="HA257B90A4D8C4B559DB6415B28ED6827">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
82.5 percent
</quote>
and inserting
<quote>
80
percent
</quote>
;
</text>
</clause>
<clause id="HC8AE3C8BF20C4ECEAE1264EA4911D388">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
10 percent
</quote>
and inserting
<quote>
not less than 10
percent
</quote>
; and
</text>
</clause>
<clause id="H370F63D8FEBF430B803630C0F1CA08DB">
<enum>
(iii)
</enum>
<text>
by
striking
<quote>
of the 82.5 percent
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H13CDE36EF21345EE832B4188D13A1EDE">
<enum>
(C)
</enum>
<text>
in paragraph (2),
by striking
<quote>
12.5 percent
</quote>
and inserting
<quote>
15
percent
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H7C6C9B3E606144169037A21A8F8CCB7D">
<enum>
(D)
</enum>
<text>
in paragraph (3),
by striking
<quote>
$65,000
</quote>
and inserting
<quote>
$75,000
</quote>
;
and
</text>
</subparagraph>
</paragraph>
<paragraph id="HCC0911B4EB21428181BE7AFB8AA164E7">
<enum>
(2)
</enum>
<text>
in subsection
(b)(1), by striking
<quote>
equal to—
</quote>
and inserting
<quote>
that is not
less than—
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HA61BC68B132940B5953FF21A13791C58">
<enum>
(c)
</enum>
<header>
State leadership
activities
</header>
<text>
Section 223 is amended by amending subsection (a) to
read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H010162EA056646A3BCF8AD0CEEE04901" style="OLC">
<subsection id="H60BF095BBA624368BD8A2561C2C64040">
<enum>
(a)
</enum>
<header>
Activities
</header>
<paragraph id="H84372CACD3A04AEF8A62C925FFE711EC">
<enum>
(1)
</enum>
<header>
Required
</header>
<text>
Each
eligible agency shall use funds made available under section 222(a)(2) and from
other funds available to the State for such purposes, for the following adult
education and literacy activities to develop or enhance the adult education
system of the State or outlying area:
</text>
<subparagraph id="HB30951F9458A44F4B2B6B1B91F2E955F">
<enum>
(A)
</enum>
<text>
The alignment of
adult education and literacy activities with other core programs and one-stop
partners, including eligible providers, to implement the strategy identified in
the unified State plan under section 112 or the State unified plan under
section 113, including the development of career pathways to provide access to
employment and training services for individuals in adult education and
literacy activities.
</text>
</subparagraph>
<subparagraph id="HF1B9D9EB21A9415AA7F19156F9259720">
<enum>
(B)
</enum>
<text>
The establishment
or operation of high-quality professional development programs to improve the
instruction provided pursuant to local activities required under section
231(b), including instruction incorporating the essential components of
reading, writing, and numeracy instruction and instruction for English language
learners as such components relate to adults, instruction related to the
specific needs of adult learners, instruction provided by volunteers or by
personnel of a State or outlying area, and dissemination of information about
models and promising practices related to such programs.
</text>
</subparagraph>
<subparagraph id="H5960CF63A6DF4929883D1FF6D68197C3">
<enum>
(C)
</enum>
<text>
The provision of
technical assistance to eligible providers of adult education and literacy
activities, including technical assistance in—
</text>
<clause id="H784EE7AA3C994AB6AF206196F8C36D4D">
<enum>
(i)
</enum>
<text>
the development
and dissemination of instructional and programmatic practices based on
available evidence-based research, where appropriate, in reading, writing,
speaking, mathematics, English language acquisition programs, distance
education, and staff training;
</text>
</clause>
<clause id="H8842EB90F9764B3A99F3A49C4802170C">
<enum>
(ii)
</enum>
<text>
the role of
eligible providers as a one-stop partner in providing access to employment,
education, and training services;
</text>
</clause>
<clause id="H7B31B1F207454927BB3D8D5CA6C26ED3">
<enum>
(iii)
</enum>
<text>
the use of
technology, including for staff training, to eligible providers, especially the
use of technology to improve system efficiencies;
</text>
</clause>
<clause id="HA615FA23EC0B44A7AD54B5C04E01B88D">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
the development of content and models for
career pathways, including integrated education and training, career bridge
programs or instruction, and postsecondary transition activities; and
</text>
</clause>
<clause id="H3E24822CA776469F952500F81F318135">
<enum>
(v)
</enum>
<text>
the acquisition
and implementation of technology tools, applications, and other resources that
will—
</text>
<subclause commented="no" id="H13E3958C59584099889B3862ECCAAD2E">
<enum>
(I)
</enum>
<text>
help in enhancing
or redesigning adult education, literacy, and workplace skills curricula to
improve technology literacy for adult learners;
</text>
</subclause>
<subclause commented="no" id="HFD93A16212C843E09C0E5CCBEBB22B92">
<enum>
(II)
</enum>
<text>
facilitate
assessments for data analysis to enable individualized instruction; and
</text>
</subclause>
<subclause commented="no" id="H2A44561648164388B245891D27D736E1">
<enum>
(III)
</enum>
<text>
be employed in
professional development activities.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H3B5579A867934B8A876C743BFA4BC0F9">
<enum>
(D)
</enum>
<text>
The monitoring and
evaluation of the quality of, and the improvement in, adult education and
literacy activities and the dissemination of information about models and
proven or promising practices within the State.
</text>
</subparagraph>
<subparagraph commented="no" id="H9CE58D4BFE5243D1917C8B3D446BC36B">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
The assessment of the quality of the adult
education teacher workforce in the State, which shall include taking actions to
improve that quality, including by establishing a requirement that all paid
professionals have at least a bachelor’s degree and that volunteers be required
to be supervised or supported by a paid professional with a bachelor’s degree,
and through such actions as working in partnership with colleges and
universities to improve the quality of adult education teacher preparation and
increase access to high-quality preparation programs.
</text>
</subparagraph>
<subparagraph id="H25E4A9D9B36446289572D1BEAB3F33C0">
<enum>
(F)
</enum>
<text>
The development of
rigorous content standards and aligned assessments for their adult education
programs that reflect accepted standards for college- and career-readiness that
are aligned with the college- and career-ready standards the State develops and
implements in compliance with section 14006(d)(4) of the American Recovery and
Reinvestment Act of 2009.
</text>
</subparagraph>
</paragraph>
<paragraph id="HAD204BE58FB14F0FB5FDED692803E93A">
<enum>
(2)
</enum>
<header>
Permissible
activities
</header>
<text>
Each eligible agency may use funds made available
under section 222(a)(2) for 1 or more of the following adult education and
literacy activities:
</text>
<subparagraph id="H3B9AA605DF2A4FCCB7855E4DAAEBFB57">
<enum>
(A)
</enum>
<text>
The support of
State or regional networks of literacy resource centers.
</text>
</subparagraph>
<subparagraph id="HCB5DB29B545744AA94E127E8D19E426D">
<enum>
(B)
</enum>
<text>
The development
and implementation of technology applications, including online and on-air
educational digital content, translation technology, or distance education,
including professional development to support the use of instructional
technology.
</text>
</subparagraph>
<subparagraph id="HAE07B15C75ED4D2FBC6E3B3E437F000F">
<enum>
(C)
</enum>
<text>
The development
and dissemination of curricula, including curricula incorporating the essential
components of reading instruction as such components relate to adults.
</text>
</subparagraph>
<subparagraph id="HE12CC47BC6AF470196964D723D5D6465">
<enum>
(D)
</enum>
<text>
The dissemination
of content and models for integrated education and training and career
pathways, including the provision of technical assistance to eligible providers
in the State administering such programs.
</text>
</subparagraph>
<subparagraph id="H992B5EEDF5CC4AA2837BCDCD17E488F2">
<enum>
(E)
</enum>
<text>
The provision of
assistance to eligible providers in developing and implementing programs that
achieve the objectives of this title and in measuring the progress of those
programs in achieving such objectives, including meeting the State adjusted
levels of performance described in section 136(b)(3).
</text>
</subparagraph>
<subparagraph id="H26398CBA40A54E32AFB51F2078148C0D">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
The provision of assistance to eligible
providers in the development of new data management systems required by the
performance accountability system described in section 136(b).
</text>
</subparagraph>
<subparagraph id="HB27408EBCFEE4EDAAA6D6CECC8760A75">
<enum>
(G)
</enum>
<text>
The development
and implementation of a system to assist in the transition from adult education
to postsecondary education, including linkages with postsecondary educational
institutions or institutions of higher education.
</text>
</subparagraph>
<subparagraph id="HDC52ACFE4AD8481BBB53BC6D20F4C8E7">
<enum>
(H)
</enum>
<text>
The integration of
literacy and English language instruction with occupational skill training,
including promoting linkages with employers.
</text>
</subparagraph>
<subparagraph id="H7E5744CB39B34060ABA12D174DDD79C2">
<enum>
(I)
</enum>
<text>
Activities to
promote workplace adult education and literacy activities.
</text>
</subparagraph>
<subparagraph id="H126AA41FF46F480BA6C38382C15DA919">
<enum>
(J)
</enum>
<text>
Activities to
promote and complement local outreach initiatives described in section
243(b)(3)(G).
</text>
</subparagraph>
<subparagraph id="H1A860164CDB644F9B6D26765BEEB7198">
<enum>
(K)
</enum>
<text>
In cooperation
with efforts funded under sections 242 and 243, development and piloting
of—
</text>
<clause id="H628EEF8156D04378BC8BAACD8C1A0FD6">
<enum>
(i)
</enum>
<text>
promising and
proven assessment tools and strategies that—
</text>
<subclause id="H8BD234DAFA0A4A5B93A9BF6235F9A067">
<enum>
(I)
</enum>
<text>
are based on
evidence-based research, where available and appropriate; and
</text>
</subclause>
<subclause id="HA0F55E4A41BB404692F4BEBB9128598C">
<enum>
(II)
</enum>
<text>
identify the
needs and capture the gains of students at all levels, with particular emphasis
on—
</text>
<item id="HAD2238B4DC764D208F508F4255BF5897">
<enum>
(aa)
</enum>
<text>
students at the
lowest achievement level;
</text>
</item>
<item id="HD1EACCE4641746EC9D4BFA03B68AD3EB">
<enum>
(bb)
</enum>
<text>
students who are
English language learners; and
</text>
</item>
<item id="H145A137DFA264E228D66C2FD51186B0E">
<enum>
(cc)
</enum>
<text>
adults with
learning disabilities;
</text>
</item>
</subclause>
</clause>
<clause id="H7A208DB67E16479E856840C3EEE48650">
<enum>
(ii)
</enum>
<text>
strategies for
improving teacher quality and retention;
</text>
</clause>
<clause id="H7DB02D31D7274A76A7DCA23A0A911087">
<enum>
(iii)
</enum>
<text>
assistance in
converting evidence-based research into practice; and
</text>
</clause>
<clause id="H1ACC8FC4CE084A7FA3AFC52350AC0B28">
<enum>
(iv)
</enum>
<text>
strategies in the
use of technology, including online and on-air educational digital content to
improve technology literacy for adult learners.
</text>
</clause>
</subparagraph>
<subparagraph id="H36F7F85C6AB0402A9867B2F3D3623B63">
<enum>
(L)
</enum>
<text>
The development
and implementation of programs and services to meet the needs of adult learners
with learning disabilities who are English language learners.
</text>
</subparagraph>
<subparagraph id="HCBE58403F5CA49818716FBF7F5B917F2">
<enum>
(M)
</enum>
<text display-inline="yes-display-inline">
Family literacy activities that promote
adult education and help parents become their child’s first teacher.
</text>
</subparagraph>
<subparagraph id="HB44818D850EB4AE1BBFCFD15F220BFE6">
<enum>
(N)
</enum>
<text>
Support for
recruitment and outreach for instructors, students, and employers.
</text>
</subparagraph>
<subparagraph id="HF7420BC153E04E898C1B16BB9AA295B0">
<enum>
(O)
</enum>
<text>
Other activities
of statewide significance that promote the purpose of this title.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA8F8C133D41E4DBEA9A7CFF8001F2506">
<enum>
(3)
</enum>
<header>
Digital
learning
</header>
<text display-inline="yes-display-inline">
Each eligible agency
may reserve up to 10 percent of the funds made available under section
(222)(a)(2) for grants to an entity that owns and operates a television public
broadcast station, as defined in section 397(6) of the Communications Act of
1934 (
<external-xref legal-doc="usc" parsable-cite="usc/47/397">
47 U.S.C. 397(6)
</external-xref>
) (including a partnership of such entities), in
partnership with an eligible agency, State Board described in section 111, or
institution of higher education to develop, disseminate, and provide online and
on-air education and training services for adults, including:
</text>
<subparagraph id="H0B3F399342C14CA7A95BE413325E720F">
<enum>
(A)
</enum>
<text>
the development,
training and use of innovative, high-quality tools, products, and educational
digital content and services for—
</text>
<clause id="H2041281ACE0B453F8CFBCBD998B00A86">
<enum>
(i)
</enum>
<text>
adult education
and literacy, GED preparation, workforce training, and related outreach
(including community and family) services;
</text>
</clause>
<clause id="H205F175B8AF14C048F3E6F3960452439">
<enum>
(ii)
</enum>
<text>
professional
development; and
</text>
</clause>
<clause id="H0FB20D8B0ABF438C8061FFB969D4FDB3">
<enum>
(iii)
</enum>
<text>
English language
education and services for non-English speakers;
</text>
</clause>
</subparagraph>
<subparagraph id="H6C30D3B1A2954C088F755B59FA3C8139">
<enum>
(B)
</enum>
<text>
the development
and implementation of technology applications, including online and on-air
education digital content, translation technology, or distance education,
including professional development to support the use of instructional
technology; and
</text>
</subparagraph>
<subparagraph id="H171673138BF44CA0B3A07B2B4BAE4C9B">
<enum>
(C)
</enum>
<text>
developing and
piloting strategies in the use of technology through online and on-air
educational digital content, including to improve technology literacy for adult
learners.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HFF93F394EDE14459A2BD93438BF73AAE">
<enum>
(d)
</enum>
<header>
State
plan
</header>
<text>
Section 224 is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H11B6EFC1C5C34297BEA370BB506AB3A8" style="OLC">
<section id="H6BD4BCB5C69A43D8B78B27F9F3677D41">
<enum>
224.
</enum>
<header>
State
Plan
</header>
<text display-inline="no-display-inline">
Each State desiring to
receive funds under this title for any fiscal year shall submit and have
approved by the Secretary and the Secretary of Labor a State plan in accordance
with section 112 or a State unified plan in accordance with section
113.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H6E8B4F626E7C428A81C0A9396FD8FC6C">
<enum>
(e)
</enum>
<header>
Programs for
corrections education and other institutionalized
individuals
</header>
<text>
Section 225 is amended—
</text>
<paragraph id="HA723A26E71394A2BB848CEB873B7CE96">
<enum>
(1)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="HB9AE57AD33814C26A620464BCCBF9CCB">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
in paragraph (1), by striking
<quote>
basic
education
</quote>
and inserting
<quote>
adult education and literacy
activities
</quote>
;
</text>
</subparagraph>
<subparagraph id="HA3AF47DBF8B94D80AEB2B36023C36247">
<enum>
(B)
</enum>
<text>
in paragraph (2),
by striking
<quote>
education programs
</quote>
and inserting
<quote>
education,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H4A2DE6D4E5FB4D98985FC97BA12A4AE7">
<enum>
(C)
</enum>
<text>
by striking
paragraphs (3) and (4) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB0125778547947ED9120CCD3AA90B033" style="OLC">
<paragraph id="H5E0547FDC576476DA12AEB14734C9BD8">
<enum>
(3)
</enum>
<text>
secondary school
credit;
</text>
</paragraph>
<paragraph id="HFCCBAF0B740A4837BCFB497678477B70">
<enum>
(4)
</enum>
<text>
integrated
education and training;
</text>
</paragraph>
<paragraph id="H0E68932D756A44DF917EC863CBC69710">
<enum>
(5)
</enum>
<text>
career
pathways;
</text>
</paragraph>
<paragraph id="H9BB47A9C8F404F1786EA58C5E8C11789">
<enum>
(6)
</enum>
<text>
concurrent
enrollment;
</text>
</paragraph>
<paragraph id="H506EE806E08B49DA863C7EFBE6EAC7F2">
<enum>
(7)
</enum>
<text>
postsecondary
correctional education linked to employment;
</text>
</paragraph>
<paragraph id="HCC7FC6F18472404B9E7E57C55B430C50">
<enum>
(8)
</enum>
<text>
peer tutoring;
and
</text>
</paragraph>
<paragraph id="HA90368A60DCC43FD881137666B300DA7">
<enum>
(9)
</enum>
<text>
transition to
re-entry initiatives and other post-release services with the goal of reducing
recidivism.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H56295049AC9B4D35A6ABC1CAFACA868C">
<enum>
(2)
</enum>
<text>
by striking
subsection (d) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5EC3A92DCA4C4951828C246F9A988B35" style="OLC">
<subsection id="H04FE021718444718ABF9AA16F39DE1E8">
<enum>
(d)
</enum>
<header>
Report
</header>
<text>
In
addition to any report required under section 136, each eligible agency that
receives assistance provided under this section shall annually prepare and
submit to the Secretary a report on the progress, as described in section 136,
of the eligible agency with respect to the programs and activities carried out
under this section, including the rate of recidivism for the criminal offenders
served.
</text>
</subsection>
<subsection id="H5F96A36B80FF4AE0AFABE2E03D3DCF1E">
<enum>
(e)
</enum>
<header>
Definitions
</header>
<text>
In
this section:
</text>
<paragraph id="H36FBA15B767843A0BC62D0387646C315">
<enum>
(1)
</enum>
<header>
Correctional
institution
</header>
<text>
The term
<term>
correctional institution
</term>
means
any—
</text>
<subparagraph id="HDC69DEECF81E4104AA6DC9201DD9413D">
<enum>
(A)
</enum>
<text>
prison;
</text>
</subparagraph>
<subparagraph id="H573AB5EE337941FDB68F258231DD6F6E">
<enum>
(B)
</enum>
<text>
jail;
</text>
</subparagraph>
<subparagraph id="H5A8A02EA76954B4EA0EDE54C2CD07596">
<enum>
(C)
</enum>
<text>
reformatory;
</text>
</subparagraph>
<subparagraph id="HAE1D241B809D41168FD6D5A86F19C681">
<enum>
(D)
</enum>
<text>
work farm;
</text>
</subparagraph>
<subparagraph id="HBD1FDBD45A5D4481B4AF72F56DCA6EAF">
<enum>
(E)
</enum>
<text>
detention center;
or
</text>
</subparagraph>
<subparagraph id="H0F4A48BE2B064EDD81CD751C1F6EE370">
<enum>
(F)
</enum>
<text>
halfway house,
community-based rehabilitation center, or any other similar institution
designed for the confinement or rehabilitation of criminal offenders.
</text>
</subparagraph>
</paragraph>
<paragraph id="HDFBCF688BC4441F585CB069FAE35721C">
<enum>
(2)
</enum>
<header>
Criminal
offender
</header>
<text>
The term
<term>
criminal offender
</term>
means any
individual who is charged with or convicted of any criminal
offense.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
<section id="H7E485C5BAF6541D586A9C37572C99672">
<enum>
204.
</enum>
<header>
Amendments to
subtitle C
</header>
<subsection id="H08C45AC3E28C41FC91E869EA4E2694E6">
<enum>
(a)
</enum>
<header>
Grants and
contracts for eligible providers
</header>
<text display-inline="yes-display-inline">
Section 231 is amended—
</text>
<paragraph id="HA01B431528DD4788BC01457EDD614399">
<enum>
(1)
</enum>
<text>
in subsection (b),
by striking
<quote>
one or more programs that provide
</quote>
and all that
follows and inserting
<quote>
programs that provide adult education and literacy
activities, programs that provide such activities concurrently with
postsecondary education or training or employment activities, and
credit-bearing postsecondary coursework.
</quote>
;
</text>
</paragraph>
<paragraph id="H9FD79C658CBA499C8EAEFB636A6AA0FA">
<enum>
(2)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H8B517028B4604CD091B8254CC699B04B">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Each eligible
</quote>
and inserting:
</text>
<quoted-block display-inline="no-display-inline" id="H8B73C201362B4F47BD3AF0A0C18D83A8" style="OLC">
<paragraph id="H40E016F2AC38403E94B66A390DF46705">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Each
eligible
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H7C05B21FCACC4C76911874D27D72CDD7">
<enum>
(B)
</enum>
<text>
by redesignating
paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving
such subparagraphs 2 ems to the right;
</text>
</subparagraph>
<subparagraph id="HAA51F317D6EE40EB96349C02E498AB5E">
<enum>
(C)
</enum>
<text>
in subparagraph
(A) (as so redesignated), by inserting
<quote>
and compete
</quote>
after
<quote>
apply
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HB2C8FCDFC76F42C48E28DA90297A0051">
<enum>
(D)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC1631B9218FC4E68AB899271E267200D" style="OLC">
<paragraph id="H2DD4438245EC4B9798212A03A3279B53">
<enum>
(2)
</enum>
<header>
GAO
study
</header>
<text>
Not later than the second program year following the date
of enactment of the Workforce Investment Act of 2013, the Comptroller General
shall conduct a study to determine how the provisions of paragraph (1) have
been implemented and whether such provisions accomplished the purposes of such
paragraph.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H1AC3DAB584964FD5A665899CC48EE821">
<enum>
(3)
</enum>
<text>
in subsection
(d)—
</text>
<subparagraph commented="no" id="HE0DDF6A660D9483E8D410B740D9282A5">
<enum>
(A)
</enum>
<text>
by striking
<quote>
section 203(1)
</quote>
and inserting
<quote>
section 203(4)
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="HFAFE5C22DDAA4998A79992BE466DDB3A">
<enum>
(B)
</enum>
<text>
by striking
<quote>
other than adult education activities
</quote>
and inserting
<quote>
other
than activities for eligible individuals
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H94AE662C83804682866EF8BF50C9114D">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
in subsection (e)—
</text>
<subparagraph id="H2F5FC33E8D9242D999438BB934A778A8">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by striking
<quote>
will establish measurable goals for participant
outcomes
</quote>
and insert
</text>
<quoted-block display-inline="yes-display-inline" id="H4B1B47C5592A4EDD905014C0BF728BFB" style="OLC">
<text>
would be responsive
to—
</text>
<subparagraph id="H6DB415A854644648A2D02F2AA5DC90F0">
<enum>
(A)
</enum>
<text>
regional needs as
identified in the local plan under section 118; and
</text>
</subparagraph>
<subparagraph id="HDB480798316A43EFB930EEC1E2714CDC">
<enum>
(B)
</enum>
<text>
serving
individuals in the community who were identified in such plan as most in need
of adult education and literacy activities, including individuals—
</text>
<clause id="HDE6CE00BC5854DCB9AFF9290A5D92AA3">
<enum>
(i)
</enum>
<text>
who have low
levels of literacy skills;
</text>
</clause>
<clause id="HDC193084AD8B48DC9217DA13F2B6D94F">
<enum>
(ii)
</enum>
<text>
who have learning
disabilities; or
</text>
</clause>
<clause id="H38E950899BD0477D9EC2AFE1F2DDCEC1">
<enum>
(iii)
</enum>
<text>
who are English
language
learners;
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H5F2DBF0BE60F449591AD750452BA92C4">
<enum>
(B)
</enum>
<text>
by amending
paragraphs (2) through (8) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HC1AF4C75D2E147B1A942C5E2542ADFC6" style="OLC">
<paragraph id="H6DC31DBE0E954BFEBA2B8456DE8FC2E3">
<enum>
(2)
</enum>
<text>
capacity,
including past effectiveness in improving the English language, reading, and
mathematic skills of eligible individuals of the eligible provider, to meet and
exceed State-adjusted levels of performance for the primary indicators of
performance described in section 136 for eligible individuals, especially with
respect to eligible individuals who have low levels of literacy;
</text>
</paragraph>
<paragraph id="HA9ACC82E5AA8414BB2452784A10B7BC2">
<enum>
(3)
</enum>
<text>
the extent to
which the eligible provider demonstrates alignment between proposed activities
and services and the strategy and goals of the local plan under section 118, as
well as with the activities and services of the one-stop partners;
</text>
</paragraph>
<paragraph id="H46B1C8FCC2EB41C89B1DE86A1023C77F">
<enum>
(4)
</enum>
<text>
whether the
eligible provider’s program uses instructional practices that include the
essential components of reading instruction;
</text>
</paragraph>
<paragraph id="H1B8ABB3EBF834C5B82FEC590ACDA6122">
<enum>
(5)
</enum>
<text>
whether the
eligible provider’s activities are built on a strong foundation of
evidence-based research on available and effective educational
practices;
</text>
</paragraph>
<paragraph id="HC49A55EBB7034F6EAFB0DDCEAEA10B7F">
<enum>
(6)
</enum>
<text>
whether the
eligible provider’s activities effectively employ advances in technology and
delivery systems, including distance education;
</text>
</paragraph>
<paragraph id="H00DDF0AA37944B4585E6C124D605CFD4">
<enum>
(7)
</enum>
<text>
whether the
eligible provider’s activities provide learning in context, including through
integrated education and training, so that an individual acquires the skills
needed to transition to and success in completing postsecondary education and
training programs, obtain and advance in employment leading to economic
self-sufficiency, and exercise the rights and responsibilities of
citizenship;
</text>
</paragraph>
<paragraph id="H31715F8D92B948F08141C981B4A392C2">
<enum>
(8)
</enum>
<text>
whether the
eligible provider’s activities are delivered by instructors, counselors, and
administrators who meet minimum qualifications established by the State, and
who have access to professional development, including through electronic
means;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H5135A98F1654424EB8644CD68FB5ACBE">
<enum>
(C)
</enum>
<text>
in paragraph
(9)—
</text>
<clause id="H4782B920164D40FAB515495B2CFBC673">
<enum>
(i)
</enum>
<text>
by
inserting
<quote>
eligible provider’s
</quote>
after
<quote>
whether
the
</quote>
;
</text>
</clause>
<clause id="H4DBF1FE252C14728BCE6C48119B783F2">
<enum>
(ii)
</enum>
<text>
by
inserting
<quote>
education, training, and social service
</quote>
after
<quote>
other available
</quote>
;
</text>
</clause>
<clause id="HB8FE039145FC42448CDF4C9EBEB224B0">
<enum>
(iii)
</enum>
<text>
by
inserting
<quote>
local workforce investment boards,
</quote>
after
<quote>
postsecondary educational institutions,
</quote>
; and
</text>
</clause>
<clause id="H361A9C68535B4EE3BF9ECEA1269AB475">
<enum>
(iv)
</enum>
<text>
by
inserting
<quote>
, business, industry, labor organizations, community-based
organizations, nonprofit organizations, and intermediaries, for the development
of career pathways
</quote>
before the semicolon;
</text>
</clause>
</subparagraph>
<subparagraph id="HAF7572AE6333482E85B27C461269AB3C">
<enum>
(D)
</enum>
<text>
in paragraph
(10)—
</text>
<clause id="HF08F9C60E8C5437DA0A86E8311E37867">
<enum>
(i)
</enum>
<text>
by
inserting
<quote>
eligible provider’s
</quote>
after
<quote>
whether
the
</quote>
;
</text>
</clause>
<clause id="H1D557ADB2E8341A5940D84E5C4D96076">
<enum>
(ii)
</enum>
<text>
by
inserting
<quote>
coordination with Federal, State, and local
</quote>
after
<quote>
schedules and
</quote>
; and
</text>
</clause>
<clause id="H8469F94452BB4CDFB804A8A93B67A8F8">
<enum>
(iii)
</enum>
<text>
by
striking
<quote>
and transportation
</quote>
and inserting
<quote>
transportation,
mental health services, and career planning
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H1FF1FEC435D8498EB17FDBC1CAAC0808">
<enum>
(E)
</enum>
<text>
by striking
paragraphs (11) and (12) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD6D5478184E54E5A90DE1C31A711C266" style="OLC">
<paragraph id="H4E2DBCE850CE46D283035626FD94333F">
<enum>
(11)
</enum>
<text>
the capacity of
the eligible provider to provide integrated education and training;
</text>
</paragraph>
<paragraph id="H9379ACAAD02648B1829B2CB413D39E08">
<enum>
(12)
</enum>
<text display-inline="yes-display-inline">
whether the eligible provider maintains an
information management system that has the capacity to report measurable
participant outcomes (consistent with section 136) and monitor program
performance;
</text>
</paragraph>
<paragraph id="H89F34DA4F23C421C9F5BB8EEE3B849A0">
<enum>
(13)
</enum>
<text>
the capacity of
the eligible provider to offer or connect individuals with career pathways that
will lead to economic self-sufficiency;
</text>
</paragraph>
<paragraph id="H4B586A7388A241C2A06F85B47CFC731B">
<enum>
(14)
</enum>
<text>
whether the local
areas in which the eligible provider is located have demonstrated need for
additional English language acquisition programs, integrated English literacy,
and civics education programs; and
</text>
</paragraph>
<paragraph id="HDC0C52BFC3E948E09E12298918F7C9A1">
<enum>
(15)
</enum>
<text>
the capacity of
the eligible provider to serve eligible individuals with disabilities,
including individuals with learning
disabilities.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H70B19BDE4C5D4C8DA5AF90355D646B7D">
<enum>
(b)
</enum>
<header>
Local
application
</header>
<text>
Section 232 is amended—
</text>
<paragraph id="HAA207DDDD8864E69B53D33BA5D4D5243">
<enum>
(1)
</enum>
<text>
in the matter
preceding paragraph (1), by striking
<quote>
under this subtitle
</quote>
and
inserting
<quote>
from an eligible agency
</quote>
;
</text>
</paragraph>
<paragraph id="H41E67E28F6E740CA8A7E533BA1C8CD73">
<enum>
(2)
</enum>
<text>
in paragraph (1),
by striking
<quote>
; and
</quote>
and inserting
<quote>
consistent with the
requirements of this title;
</quote>
; and
</text>
</paragraph>
<paragraph id="HD52EEB7B32BA4ECFB33E52C3F54F7845">
<enum>
(3)
</enum>
<text>
by striking the
period at the end of paragraph (2) and inserting a semicolon, and after such
paragraph inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H754D7867C84949B8999B91A173663782" style="OLC">
<paragraph id="H47E14111C02D46E99DC50B8E031B7AB6">
<enum>
(3)
</enum>
<text>
a description of
how the eligible provider will provide services in alignment with the local
plan under section 118, including how such provider will promote concurrent
enrollment in programs and activities under titles I and II, as appropriate, to
assist eligible individuals in accessing and succeeding in postsecondary
education and job training services and how such provider will promote access
to career pathways;
</text>
</paragraph>
<paragraph id="HB4E87B5E3AD44026A7D019DAA81ED7E3">
<enum>
(4)
</enum>
<text>
a description of
how the eligible provider will meet the State adjusted levels of performance
described in section 136(b)(3), including how such provider will collect data
to report on such performance indicators;
</text>
</paragraph>
<paragraph id="HFA017CA73EE949C9BAEDA2A5612B81FA">
<enum>
(5)
</enum>
<text>
a description of
how the eligible provider will fulfill one-stop partner responsibilities as
described in section 121(b)(1)(A), as appropriate;
</text>
</paragraph>
<paragraph id="HD07062C16EC941578446340685EEA6A8">
<enum>
(6)
</enum>
<text>
a description of
how the eligible provider will provide services in a manner that meets the
needs of eligible individuals; and
</text>
</paragraph>
<paragraph id="H3AC48200D64F4A7B91A9EEB62DBFBB18">
<enum>
(7)
</enum>
<text>
information that
addresses the considerations described under section 231(e), as
applicable.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HB6AB883BC6474C49A2103A54369B630D">
<enum>
(c)
</enum>
<header>
Local
administrative cost limits
</header>
<text>
Section 233 is amended—
</text>
<paragraph id="H62ED865BE52B436AA390EE4CB3AB35DB">
<enum>
(1)
</enum>
<text>
in subsection
(a)(2), by striking
<quote>
personnel development and interagency
coordination
</quote>
and inserting
<quote>
(including carrying out the
requirements of section 136), professional development, and the activities
described in paragraphs (3) and (5) of section 232
</quote>
; and
</text>
</paragraph>
<paragraph id="HD89B42A2EC0D49349398D238C1FA245B">
<enum>
(2)
</enum>
<text>
in subsection (b),
by striking
<quote>
adequate planning, administration, personnel development,
and interagency coordination
</quote>
and inserting
<quote>
the eligible provider
to carry out the activities described in subsection (a)(2)
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section id="HF82948D8E123499BA1B2E6E7650DF372">
<enum>
205.
</enum>
<header>
Amendments to
subtitle D
</header>
<subsection id="H6544F80223AD487C9E0A92A27E17F1D8">
<enum>
(a)
</enum>
<header>
Administrative
provisions
</header>
<text display-inline="yes-display-inline">
Section 241(b) is
amended—
</text>
<paragraph id="H80C1EFCDCBE04458A5989CE1C462686E">
<enum>
(1)
</enum>
<text>
in paragraph
(1)(A), by striking
<quote>
adult education and literacy activities
</quote>
and
inserting
<quote>
activities under this title
</quote>
; and
</text>
</paragraph>
<paragraph id="HAF61D9DD4F2C4E319531115E4D135395">
<enum>
(2)
</enum>
<text>
in paragraph (4),
by striking
<quote>
1 fiscal year only
</quote>
and inserting
<quote>
not more
than 1 fiscal year
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HED9694D5DE1A40A48392537881AE5707">
<enum>
(b)
</enum>
<header>
National
institute for adult education and literacy
</header>
<text>
Section 242 is
amended—
</text>
<paragraph id="HEEE68F24EDC2440DB225F325F8648A47">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="HD6312FC88C3C483E96C9CC11EA64C4CB">
<enum>
(A)
</enum>
<text>
in the matter
preceding paragraph (1), by inserting
<quote>
Adult Education and
</quote>
after
<quote>
Institute for
</quote>
;
</text>
</subparagraph>
<subparagraph id="H9AAC73C21E1D44198DEF282A7F649D0D">
<enum>
(B)
</enum>
<text>
in paragraph (1),
by striking
<quote>
literacy
</quote>
and inserting
<quote>
effective adult
education and literacy activities for adults and families, including the
identification of research topics
</quote>
;
</text>
</subparagraph>
<subparagraph id="H2663F2F8BFCB4611973D9F7C7FA28325">
<enum>
(C)
</enum>
<text>
by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and inserting
after paragraph (1) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H88CCA2038FDF4FCD8C306933342DEEE5" style="OLC">
<paragraph id="H9975436EBE9C4AC8BEADEA24DE7106DE">
<enum>
(2)
</enum>
<text>
supports the
development and replication of promising and proven approaches to adult
education and literacy activities and programs of demonstrated
effectiveness;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HB2600D60B6984CDEADFA84F5B3D4039F">
<enum>
(D)
</enum>
<text>
in paragraph (3)
(as so redesignated), by striking
<quote>
literacy
</quote>
and inserting
<quote>
and disseminates information on adult education and literacy
activities,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H8EE661443F0B479B80271D6F43306328">
<enum>
(E)
</enum>
<text>
in paragraph (4)
(as so redesignated), by striking
<quote>
programs by—
</quote>
and all that
follows through subparagraph (A) and
inserting
</text>
<quoted-block display-inline="yes-display-inline" id="H7C9F7D4F056D4388980C811B114A4D50" style="OLC">
<text>
activities
by—
</text>
<subparagraph id="H5A3676CACB5C4E4CB9558CACE4D23012">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
providing advice on the efforts of the
Department of Education, Department of Labor, and the Department of Health and
Human Services and other relevant agencies to achieve the goals of adult
education and literacy programs and programs consistent with title I, within
and across such agencies;
</text>
</subparagraph>
<subparagraph id="HFB31B764F93A4888B53C8EC9721E59EC">
<enum>
(B)
</enum>
<text>
coordinating and
participating in the Federal effort to identify, produce, and disseminate
information on adult education and literacy activities that are derived from
available evidence-based research and effective programs that serve adults and
families, including individuals with learning disabilities; and
</text>
</subparagraph>
<subparagraph id="H526404890ADE4CCDBC7288CC7541AC92">
<enum>
(C)
</enum>
<text>
providing current
information annually on effective practices and research in adult education and
literacy activities to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Education and the Workforce of the House of
Representatives, and the relevant Federal
agencies.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H0A31273F2C9F44538A3FAB7928DC48E5">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H491EDB55D3964FA3A7BA5E6A1FECFC69">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
in paragraph (1), by inserting
<quote>
Adult
Education and
</quote>
after
<quote>
Institute for
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H5C01DAE36DEB479394E054A59A39883E">
<enum>
(B)
</enum>
<text>
in paragraph (2),
by striking
<quote>
separate
</quote>
and inserting
<quote>
independent
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H6B3D0A081D6F4C4483D79A38826D54C0">
<enum>
(3)
</enum>
<text>
by amending
subsection (c) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HEA78F82EE9E64D86885D4B8164D39F0D" style="OLC">
<subsection id="HA8E19B36D480426D8AE672555FCFFE3F">
<enum>
(c)
</enum>
<header>
Duties
</header>
<paragraph id="H977BC98FB4EC4F199ABCBBB018198597">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In order to reinforce and support the alignment of
activities and programs consistent with provisions under title I, the Institute
is authorized—
</text>
<subparagraph id="H1DDEE6F45B05454CA72FE41806D0FC4D">
<enum>
(A)
</enum>
<text>
to maintain a
national electronic database of information that disseminates information to
the broadest possible audience within the adult education and literacy field,
and that includes—
</text>
<clause id="HC8D8DF67D9F849829E7BF85D8359E10B">
<enum>
(i)
</enum>
<text>
best practices and
research regarding the provision of adult education and literacy activities,
including instruction in the essential components of reading instruction,
integrated education and training, and the integration of English literacy and
civics education;
</text>
</clause>
<clause id="H63A45A4474034EF0A3D05BF43454EAE8">
<enum>
(ii)
</enum>
<text>
public and
private adult education and literacy activities and programs, and Federal,
State, and local policies, affecting the provision of adult education and
literacy activities at the national, State, and local levels;
</text>
</clause>
<clause id="H3BB99949378A4AE786E8F85947FD2B2D">
<enum>
(iii)
</enum>
<text>
opportunities
for technical assistance, meetings, conferences, and other opportunities that
lead to the improvement of adult education and literacy activities;
</text>
</clause>
<clause id="H8F3B161A43EA4D97B04A2B5B040004B4">
<enum>
(iv)
</enum>
<text>
a
list of eligible providers; and
</text>
</clause>
<clause id="H43E7E0D1D36F4A56ADEF5A32F6027C45">
<enum>
(v)
</enum>
<text display-inline="yes-display-inline">
best practices in reading research,
numeracy instruction, and service to English language learners;
</text>
</clause>
</subparagraph>
<subparagraph id="H0EE259D91BCC4F14B19D34A58B4EF25C">
<enum>
(B)
</enum>
<text>
to coordinate the
support of promising and proven research, as defined by the Institute of
Education Sciences, and development on adult education and literacy activities
for adults and for employers across Federal agencies, and to carry out basic
and applied research and development on topics that are not being investigated
by other organizations or agencies, such as the special literacy needs of
individuals with learning disabilities;
</text>
</subparagraph>
<subparagraph id="HDA263EA37AAF4992A847476D8775DC3F">
<enum>
(C)
</enum>
<text>
to provide policy
and technical assistance to Federal, State, and local entities for the
improvement of policy and programs relating to adult education and literacy
activities;
</text>
</subparagraph>
<subparagraph id="H1178B92A901D4B4190DC49580C48A366">
<enum>
(D)
</enum>
<text>
to fund a network
of State or regional adult education and literacy resource centers to assist
State eligible agencies, eligible providers, and private nonprofit efforts to
improve adult education and literacy activities by—
</text>
<clause id="HD3D7FB93F0854C5A8A0CB93D62C950E5">
<enum>
(i)
</enum>
<text>
encouraging the
coordination of adult education and literacy activities;
</text>
</clause>
<clause id="H5B6BA5B7837849ACB1670CCB3990D5D9">
<enum>
(ii)
</enum>
<text>
enhancing the
capacity of State eligible agencies and eligible providers to deliver adult
education and literacy activities; and
</text>
</clause>
<clause id="H84FCB5E7765D415BB67C41D897C5FD2A">
<enum>
(iii)
</enum>
<text>
serving as a
link between the Institute and eligible providers of adult education and
literacy activities for the purpose of sharing information, data, research,
expertise, and literacy resources, and for soliciting research needs;
</text>
</clause>
</subparagraph>
<subparagraph id="H01E9797CCACD4D4BAAD9FBBA55ED5D32">
<enum>
(E)
</enum>
<text>
to establish and
maintain a national adult learning and technology resource center to—
</text>
<clause id="HBFCFAFE0F1784428BB56569003BA1710">
<enum>
(i)
</enum>
<text>
develop frameworks
for technology-based learning and professional development materials for adult
education, literacy, and workplace skills;
</text>
</clause>
<clause id="HDC8E84D2DB3C4D859B3C77823A530F67">
<enum>
(ii)
</enum>
<text>
support distance
education for professional development for eligible entities and eligible
providers of adult education, literacy, and workplace skills services;
</text>
</clause>
<clause id="H5257E670E4D9426CADFE8461A3C84ACE">
<enum>
(iii)
</enum>
<text>
coordinate and
share information on the innovative uses of technology, such as the use of
assistive technology to deliver digital content to adult learners; and
</text>
</clause>
<clause id="H0F2323CD8C7E43B28B549315B2A593A6">
<enum>
(iv)
</enum>
<text>
be accessible to
the public through the website of the center;
</text>
</clause>
</subparagraph>
<subparagraph id="HCEF62FAC562641269C5D8ECA26DF74C7">
<enum>
(F)
</enum>
<text>
to advise Congress
and Federal departments and agencies regarding the development of policy with
respect to adult education and literacy activities;
</text>
</subparagraph>
<subparagraph id="H17DAD54DC48D4688AA50952BD2639DEC">
<enum>
(G)
</enum>
<text>
to undertake other
activities that lead to the improvement of the Nation’s adult education and
literacy delivery system and that complement other such efforts being
undertaken by public and private agencies and organizations, including
activities that relate to the acquisition of skills in reading, writing,
English language acquisition, and mathematics;
</text>
</subparagraph>
<subparagraph commented="no" id="HF133A14E5A4F4E169EEC43CD92D566C4">
<enum>
(H)
</enum>
<text>
to assist States
that are pursuing the implementation of standards-based educational
improvements and related standards-based assessment instruments for eligible
providers through the dissemination of training, technical assistance, and
related support; and
</text>
</subparagraph>
<subparagraph id="HD29AEA0FBE454A51BA57898AEA20AB4A">
<enum>
(I)
</enum>
<text>
to develop and
disseminate best practices on the education, training, professional
development, certification, and credentialing of adult education instructors,
including how the use of technology can contribute to such efforts.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2D7C0C98E7F549BA888A4C2494E36777">
<enum>
(2)
</enum>
<header>
Grants,
contracts, and cooperative agreements
</header>
<text>
The Institute may award
competitive grants to, or enter into contracts or cooperative agreements with,
individuals, public or private institutions, agencies, organizations, or
consortia of such institutions, agencies, or organizations to carry out the
activities of the Institute.
</text>
</paragraph>
<paragraph id="HD803CB9FC88E4FD1B59CAED4B5BE2DB6">
<enum>
(3)
</enum>
<header>
Coordination
</header>
<text>
In
identifying and supporting promising and proven research the Institute shall
use standards for research quality that are consistent with those of the
Institute of Education Sciences.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HB3E628C35C904593BB28A9E059349551">
<enum>
(4)
</enum>
<text>
in subsection
(d)(1), by striking
<quote>
research, or innovation
</quote>
and inserting
<quote>
or research
</quote>
;
</text>
</paragraph>
<paragraph id="H270A924CE39445BA8ED8503F9F22DFCE">
<enum>
(5)
</enum>
<text>
in subsection
(e)—
</text>
<subparagraph id="H818A9180462A40BAB2EBE561081C393C">
<enum>
(A)
</enum>
<text>
in the subsection
heading, by inserting
<quote>
<header-in-text level="subsection" style="OLC">
Adult Education and
</header-in-text>
</quote>
after
<quote>
<header-in-text level="subsection" style="OLC">
Institute
for
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="H67386F7D87FE4F74A1593F755CA334A5">
<enum>
(B)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="H2E70099E7D894D09BFC4C4EEBCA24984">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (A), by inserting
<quote>
Adult Education and
</quote>
after
<quote>
Institute for
</quote>
;
</text>
</clause>
<clause id="H5E42D4BF6EFB490E87FF779F6E5D1765">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B)(i)—
</text>
<subclause id="H3D018CBD620344F69B8C717528320664">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
adult education and
</quote>
after
<quote>
organizations and providers
of
</quote>
; and
</text>
</subclause>
<subclause id="H175B3007EABC4231864320D3309BD917">
<enum>
(II)
</enum>
<text>
by striking
<quote>
English literacy
</quote>
and inserting
<quote>
English language
acquisition
</quote>
;
</text>
</subclause>
</clause>
<clause id="H30F8770FBF99467C87F03DF98E6D09DD">
<enum>
(iii)
</enum>
<text>
in
subparagraph (B)(ii), by striking
<quote>
literacy programs
</quote>
and
inserting
<quote>
or have participated in or partnered with workplace adult
education and literacy activities
</quote>
;
</text>
</clause>
<clause id="H9365D49C77A74008B2C55690536DD6B5">
<enum>
(iv)
</enum>
<text>
in
subparagraph (B)(iii), by striking
<quote>
literacy
</quote>
both places it
appears and inserting
<quote>
adult education and literacy
</quote>
;
</text>
</clause>
<clause id="HFA8F404F25F448D6917A3987DCA9748B">
<enum>
(v)
</enum>
<text>
in
subparagraph (B)(iv), by inserting
<quote>
adult education and literacy
research, including adult
</quote>
after
<quote>
area of
</quote>
;
</text>
</clause>
<clause id="HFF3B7BECD730488B80FC81F12CAC894D">
<enum>
(vi)
</enum>
<text>
in
subparagraph (B)(vi), by striking
<quote>
and
</quote>
;
</text>
</clause>
<clause id="H8930F9169D944D39A16004ED7BD8DE39">
<enum>
(vii)
</enum>
<text>
in
subparagraph (B)(vii), by striking the period and inserting
<quote>
;
and
</quote>
; and
</text>
</clause>
<clause id="HD57665D5B5064480BBAEC0D27A5A52CD">
<enum>
(viii)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H02A79C329A8E401099E7E41889010B84" style="OLC">
<clause id="H04B96A1014A54BDC8577B1CF7FD0B6EE">
<enum>
(viii)
</enum>
<text>
institutions of
higher education or postsecondary educational
institutions.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H533A73F661C541E2A4BAE367B9758529">
<enum>
(C)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="HD829C272AA3A4D028C3C341C4C9545AF">
<enum>
(i)
</enum>
<text>
in
subparagraph (B), by striking
<quote>
and
</quote>
;
</text>
</clause>
<clause id="HC87C6D26A5544A318745A9D39A86FDFF">
<enum>
(ii)
</enum>
<text>
in
subparagraph (C), by striking the period at the end and inserting
<quote>
;
and
</quote>
; and
</text>
</clause>
<clause id="H1D36D13F07364DE7BA1C5BB7B45B4830">
<enum>
(iii)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H20792224D06D45AEBA9CBD0AF4AABE77" style="OLC">
<subparagraph id="H0F91F4BC6EF84C60AF9AA9496566EF1B">
<enum>
(D)
</enum>
<text>
review the
biennial report submitted to Congress pursuant to subsection
(k).
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H7B23636D8DF1460EAA119601D2DA2A24">
<enum>
(D)
</enum>
<text>
in paragraph
(5)—
</text>
<clause id="HCD1AE8C5FF824427AC2A45173798BFBA">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
Any
</quote>
and inserting
<quote>
A
</quote>
; and
</text>
</clause>
<clause id="H9F35E44621824B67B7239BA6C1A3418E">
<enum>
(ii)
</enum>
<text>
by
inserting
<quote>
at a meeting for which there is a quorum
</quote>
before the
period;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HA2D179B34F4A44D592145F8CD7383505">
<enum>
(6)
</enum>
<text>
in subsection
(k)—
</text>
<subparagraph id="H2A400E1A36A34C6CA0868BC27A01F2E9">
<enum>
(A)
</enum>
<text>
in the matter
preceding paragraph (1)—
</text>
<clause id="H744CB3F3DC754F73A3A102D875112F52">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
The
</quote>
and inserting
<quote>
not later than one year after
the date of enactment of the Workforce Investment Act of 2013, and biennially
thereafter, the
</quote>
; and
</text>
</clause>
<clause id="H917DE119457C4AD78B4F045BF661FC7A">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
Committee on Labor and Human Resources of the Senate
</quote>
and inserting
<quote>
Committee on Health, Education, Labor and Pensions of the
Senate and the relevant agencies
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H2EA57F6DB48E4E0B83766E30D6543573">
<enum>
(B)
</enum>
<text>
in paragraph (1),
by inserting
<quote>
adult education and
</quote>
after
<quote>
field of
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="HE8877EC4934046AA804C93A3974548DB">
<enum>
(C)
</enum>
<text>
in paragraph (2),
by striking
<quote>
adult education and
</quote>
after
<quote>
goals of
the
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H80B4EA26525447069EA685BE26DEDD08">
<enum>
(7)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC2628BEEF05F42DBA4C89DFF7B83BC5A" style="OLC">
<subsection commented="no" id="H157F2239FC9C4C1ABA46B91BBC583614">
<enum>
(m)
</enum>
<header>
National
institute for literacy
</header>
<text>
Any reference in any other Federal law,
Executive order, rule, regulation, or delegation of authority, or any document
of or pertaining to—
</text>
<paragraph commented="no" id="H232A1BBD38D342D09D6C010B450ACB7C">
<enum>
(1)
</enum>
<text>
the head of the
National Institute for Literacy shall be treated as a reference to the head of
the National Institute for Adult Education and Literacy; and
</text>
</paragraph>
<paragraph commented="no" id="H87D2699CA5FE483291414B86E0C485B3">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
the National Institute for Literacy shall
be treated as a reference to the National Institute for Adult Education and
Literacy.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H55E77A2D52244E6E9D75E8E2F5C127FD">
<enum>
(c)
</enum>
<header>
National
Leadership activities
</header>
<text>
Section 243 is amended—
</text>
<paragraph id="H73797FB57612419695584CB5BDF56519">
<enum>
(1)
</enum>
<text>
in the matter
preceding paragraph (1)—
</text>
<subparagraph id="H56F5B91EA8F94F9DB250BDB2FD703ECC">
<enum>
(A)
</enum>
<text>
by striking
<quote>
The Secretary
</quote>
and inserting:
</text>
<quoted-block display-inline="no-display-inline" id="HE52626D1EF174AB3B3B9647EA16E69BF" style="OLC">
<subsection id="H5A44CC69CD5942A9BCC48CC651BFFFE6">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The
Secretary
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HC4074904702C4087BC92F358808E6D4A">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
and outcomes
</quote>
after
<quote>
the quality
</quote>
;
</text>
</subparagraph>
<subparagraph id="H9F4ADB90D52F4634B293140ABBA2ADB2">
<enum>
(C)
</enum>
<text>
by striking
<quote>
programs
</quote>
and inserting
<quote>
activities and programs
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="HF473B51BB4824B19897A89D1582D9E6A">
<enum>
(D)
</enum>
<text>
by striking
<quote>
Such activities may include the following:
</quote>
and inserting:
</text>
<quoted-block display-inline="no-display-inline" id="H3AD3F3AFB68F49EE87315B0076F5C968" style="OLC">
<subsection id="H51B64E372872449E8B09C65689533406">
<enum>
(b)
</enum>
<header>
Allowable
activities
</header>
<text display-inline="yes-display-inline">
The national
leadership activities described in subsection (a) may include the
following:
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H05685F78F732459CB6C43D6DFA922E86">
<enum>
(2)
</enum>
<text>
in paragraph
(1)—
</text>
<subparagraph id="HD6330A6DE8FA4BC5B28B0B515157A5A1">
<enum>
(A)
</enum>
<text>
by redesignating
subparagraphs (A) through (C) as subparagraphs (B) through (D), respectively
and inserting before subparagraph (B) (as so redesignated) the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H312BE3283D6B47FB99D1F6DEE526C029" style="OLC">
<subparagraph id="H7D6B66D2E38B4C3880A60FBC3E24B55E">
<enum>
(A)
</enum>
<text>
assistance to help
States meet the requirements of section
136;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H576FC21B23EB41558E8835496B9BEC51">
<enum>
(B)
</enum>
<text>
in subparagraph
(B) (as so redesignated)—
</text>
<clause id="HE0CB0613837F438282E3FC0BD2432099">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
developing and using performance measures
</quote>
and inserting
<quote>
using performance accountability measures based on indicators described
in section 136, and data systems
</quote>
; and
</text>
</clause>
<clause id="H5DFC3454C116412AB6E259391F0701CD">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
, including family literacy services
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H3EBD9BE57605483E9FA73BB807ACEE52">
<enum>
(C)
</enum>
<text>
in subparagraph
(C) (as so redesignated), by striking
<quote>
including family literacy
services
</quote>
and all that follows and inserting
<quote>
utilizing
evidence-based research where available;
</quote>
;
</text>
</subparagraph>
<subparagraph id="H61698735BEB14CB6BDA3ACCE227B0F63">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (D) (as so
redesignated)—
</text>
<clause id="HBED216DA2B2747388120747C93863D8F">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
learning
</quote>
and inserting
<quote>
education
</quote>
;
and
</text>
</clause>
<clause id="H92E3C9A269EA4D3ABAA75E64A41B4EBF">
<enum>
(ii)
</enum>
<text>
by
striking the period and inserting the following:
<quote>
, including through the
use of instructional models that blend in-person and online instruction;
and
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="HF4E54B50E42E4DCB895DE4ABFA3E12EB">
<enum>
(E)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2D829E3D40064010BB62AACD35BEDD81" style="OLC">
<subparagraph id="H93BAB477134C4B2F9EC407B02332892A">
<enum>
(E)
</enum>
<text>
assistance in the
development and dissemination of promising and proven models for addressing the
digital literacy needs of adults, including older
adults.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HB829BB4C461F443A9999D4FAD4E9379E">
<enum>
(3)
</enum>
<text>
by redesignating
paragraph (2) as paragraph (3), and inserting after paragraph (1) the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HB29DF0A158C4410EB6AFEE0CFCBC627B" style="OLC">
<paragraph id="HDB08CA3249704DEEBC68AD321B4F5CF0">
<enum>
(2)
</enum>
<text>
A program of
grants, contracts, or cooperative agreements awarded on a competitive basis to
national, regional, or local networks of private nonprofit organizations,
public libraries, or institutions of higher education to build the capacity of
such networks’ members to—
</text>
<subparagraph id="H2BDFD5A8133D473798D49EFDDBA61002">
<enum>
(A)
</enum>
<text>
meet the
performance requirements, described in section 136, of eligible providers under
this title; and
</text>
</subparagraph>
<subparagraph id="H945F1F243F97498B87314B9CB3593EFC">
<enum>
(B)
</enum>
<text>
involve eligible
individuals in program improvement.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H434B6214A6B84386AB983AEA3EF1B5CC">
<enum>
(4)
</enum>
<text>
in paragraph (3)
(as so redesignated)—
</text>
<subparagraph id="H8944C7E6B75245F1A977E1FEF80D52C9">
<enum>
(A)
</enum>
<text>
in the matter
preceding subparagraph (A), by inserting
<quote>
institutions of higher
education,
</quote>
after
<quote>
postsecondary educational
institutions,
</quote>
;
</text>
</subparagraph>
<subparagraph id="HFC65A70EB4E34561AACE724B7036C7F1">
<enum>
(B)
</enum>
<text>
in subparagraph
(A), by striking
<quote>
phonemic awareness
</quote>
and all that follows through
<quote>
reading comprehension
</quote>
and inserting
<quote>
the essential
components of reading instruction
</quote>
;
</text>
</subparagraph>
<subparagraph id="H5D1B8B651CFE4A5DABACDD94B885EF4A">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (B), by striking
<quote>
,
including family literacy services
</quote>
;
</text>
</subparagraph>
<subparagraph id="H0910CFD026BF464E914C379A64C2A952">
<enum>
(D)
</enum>
<text>
in subparagraph
(C), by striking
<quote>
research, such as
</quote>
and inserting:
<quote>
research, including evidence-based research where available, on national
literacy basic skill acquisition for adult learning, including
</quote>
;
</text>
</subparagraph>
<subparagraph id="H1693D34A5AB74DF6AF34E5756FA6E213">
<enum>
(E)
</enum>
<text>
in subparagraph
(D)—
</text>
<clause id="H6820934CDB19460C89A9E21B51AE7697">
<enum>
(i)
</enum>
<text>
in
clause (i), by striking the semicolon and
inserting
</text>
<quoted-block display-inline="yes-display-inline" id="H164EBC841268448EACE5FA589C62DA9D" style="OLC">
<text>
, which may include programs
that—
</text>
<subclause id="H708E7513FE3F4D5897F70FF5980CD568">
<enum>
(I)
</enum>
<text>
accelerate
learning outcomes for eligible individuals with the lowest literacy
levels;
</text>
</subclause>
<subclause id="HFF5B973C8F094063AEAD06AD84BF1D51">
<enum>
(II)
</enum>
<text>
promote career
pathways for eligible individuals;
</text>
</subclause>
<subclause id="H53773EE417A04ABEA2A355DC14825D0E">
<enum>
(III)
</enum>
<text>
promote
concurrent enrollment programs in adult education and credit bearing
postsecondary coursework; and
</text>
</subclause>
<subclause id="H0D06AE6A76C4470B98731397DEFBB6FF">
<enum>
(IV)
</enum>
<text>
develop
high-quality professional development activities for eligible
providers;
</text>
</subclause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H44478B317B214ECC8774EC3AE49437F0">
<enum>
(ii)
</enum>
<text>
in
clause (ii), by striking
<quote>
such as the development
</quote>
and all that
follows and inserting
</text>
<quoted-block display-inline="yes-display-inline" id="H6EC62631AEEB47C1BC5466C0CBBE9982" style="OLC">
<text>
such
as—
</text>
<subclause id="H9390852F0D984966BA3FD6BFBA5E61B6">
<enum>
(I)
</enum>
<text>
programs for skill
certification;
</text>
</subclause>
<subclause id="H12D29DB9E54C41C79242FCBA0D4D541B">
<enum>
(II)
</enum>
<text>
the
identification of effective strategies for working with adults with learning
disabilities and with adults who are English language learners;
</text>
</subclause>
<subclause id="HD9BFCA5831EB4B61BCBE2A83A3B5E04C">
<enum>
(III)
</enum>
<text>
integrated
education and training programs;
</text>
</subclause>
<subclause id="HBC7B19B8A3B740DEB8F1CD647A9C4664">
<enum>
(IV)
</enum>
<text>
programs
providing adult education and literacy activities coordinated with employment
services;
</text>
</subclause>
<subclause id="H2037A28CEF234FAA8D0D11F0EB8C354E">
<enum>
(V)
</enum>
<text display-inline="yes-display-inline">
family literacy activities that promote
adult education and help parents become their child’s first teacher; and
</text>
</subclause>
<subclause id="H095495BD38594FE5AC65AFAA95E4638D">
<enum>
(VI)
</enum>
<text>
postsecondary
education and training transition
programs;
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H460F28C6E579435E99A66110D8194080">
<enum>
(F)
</enum>
<text>
in subparagraph
(E)—
</text>
<clause id="HD2CE929440864070B107FB821114CFFE">
<enum>
(i)
</enum>
<text>
in
the matter preceding clause (i), by striking
<quote>
through studies and
analyses conducted independently
</quote>
;
</text>
</clause>
<clause id="H680446D078A848CE80E365BE6D94A7CD">
<enum>
(ii)
</enum>
<text>
in
clause (i)—
</text>
<subclause id="H78EB7981C42145E89EEC0EE380068381">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
accountability
</quote>
after
<quote>
performance
</quote>
;
</text>
</subclause>
<subclause id="HACF302F7C4F948C797681BF96FF4671B">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
by inserting
<quote>
, including interim
measures connected to increasing advancement along a career pathway,
</quote>
after
<quote>
measures of accountability
</quote>
; and
</text>
</subclause>
<subclause id="HF4AB97824C514D8299A2EA8F1B3126CF">
<enum>
(III)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
, including family
literacy services
</quote>
;
</text>
</subclause>
</clause>
<clause id="H582C11176A5448E7BFC3142686366B06">
<enum>
(iii)
</enum>
<text>
in
clause (ii)—
</text>
<subclause id="H192B320B330D425D8E4007C55AA67EE3">
<enum>
(I)
</enum>
<text>
by striking
<quote>
including family literacy services
</quote>
; and
</text>
</subclause>
<subclause id="H8F9976967F3C4D2B98B1C0ED425A797F">
<enum>
(II)
</enum>
<text>
by striking
<quote>
adults (and of children
</quote>
and all that follows through
<quote>
in
such activities
</quote>
and inserting
<quote>
eligible individuals,
lead
</quote>
;
</text>
</subclause>
</clause>
<clause id="H5AD90EE4057C42788397B5FB3C761F83">
<enum>
(iv)
</enum>
<text>
in
clause (iii)—
</text>
<subclause id="HC1ECA5B52FC94B9386CF22A5058EA9A7">
<enum>
(I)
</enum>
<text>
by striking
<quote>
adults
</quote>
and inserting
<quote>
eligible individuals
</quote>
;
</text>
</subclause>
<subclause id="H464110292934439D83FF94EB984BCC27">
<enum>
(II)
</enum>
<text>
by striking
<quote>
family
</quote>
; and
</text>
</subclause>
<subclause id="HCBFB46A4AFDF4A6890C89D73F136BF02">
<enum>
(III)
</enum>
<text>
by striking
<quote>
programs
</quote>
and inserting
<quote>
activities
</quote>
; and
</text>
</subclause>
</clause>
<clause id="H9BA287C288DE4958A0CBF60BE853BB55">
<enum>
(v)
</enum>
<text>
in
clause (iv), by striking
<quote>
eligible agencies have distributed
</quote>
and
all that follows and inserting
<quote>
different types of providers measurably
improve the skills of eligible individuals in adult education and literacy
activities;
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H37CFC59BB00A4A8A98ECA1B472352691">
<enum>
(G)
</enum>
<text>
by redesignating
subparagraphs (F), (G) and (H) as subparagraphs (G), (H), and (K),
respectively;
</text>
</subparagraph>
<subparagraph id="HF3A74446DA2F4DACAF70AB9D9DD92367">
<enum>
(H)
</enum>
<text>
by inserting after
subparagraph (E) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC3D471866B324E02B28A452C27B468FB" style="OLC">
<subparagraph id="HEB8332C886194421B6C6115F1EDB233E">
<enum>
(F)
</enum>
<text>
carrying out
research on the relationship between instructional quality, including education
levels, certification status, and experience of instructors, and the
performance outcomes of eligible providers consistent with section
136;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H3AE9307EFC204525A78C9B7313DA78C7">
<enum>
(I)
</enum>
<text>
in subparagraph
(G) (as so redesignated)—
</text>
<clause id="H8CE34205299145F785D73796DE345BB4">
<enum>
(i)
</enum>
<text>
by
inserting
<quote>
of programs
</quote>
after
<quote>
building
</quote>
; and
</text>
</clause>
<clause id="HCC0C26D6AAFA42ED92F41DE8098A999D">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
subtitle
</quote>
and inserting
<quote>
title
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H5B38385A25F143ECAE41A2B82184C119">
<enum>
(J)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (H) (as so redesignated),
by striking
<quote>
; and
</quote>
and inserting a semicolon and inserting after
such subparagraph the following:
</text>
<quoted-block display-inline="no-display-inline" id="HAB47A0CE662B4636BDF4B9928FC3B8C5" style="OLC">
<subparagraph id="H830087BD4C214246ACBDD455F2EFCDC9">
<enum>
(I)
</enum>
<text>
supporting the
development of an entity that would produce and distribute technology-based
programs and materials for adult education and literacy activities using an
interconnection system (as defined in section 397 of the Communications Act of
1934 (
<external-xref legal-doc="usc" parsable-cite="usc/47/397">
47 U.S.C. 397
</external-xref>
)) and expand the effective outreach and use of such
programs and materials to eligible providers;
</text>
</subparagraph>
<subparagraph id="H3DEA991C3A92431EAC353FFD09A19542">
<enum>
(J)
</enum>
<text>
determining how
participation in adult education and literacy activities prepares eligible
individuals for entry into postsecondary education and employment and, in the
case of programs carried out in correctional institutions, has an effect on
recidivism;
and
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H50477E025520407F82FB5F9B2574A928">
<enum>
(d)
</enum>
<header>
Integrated
English literacy and civics education
</header>
<text>
Subtitle D, as redesignated
by section 201(f), is further amended by adding after section 243 the following
new section:
</text>
<quoted-block display-inline="no-display-inline" id="HAD2C7114F0BB47AD98B3D03ABA93CDD6" style="OLC">
<section id="H5055EBC515914E93AA8841F813D33172">
<enum>
244.
</enum>
<header>
Integrated
English literacy and civics education
</header>
<subsection id="H2891D4A8D16B47F1918165437BAA3F55">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
From funds made available under section 211(a)(1)(C) for
each fiscal year, the Secretary shall award grants to States, from allotments
under subsection (b), for integrated English literacy and civics
education.
</text>
</subsection>
<subsection id="H42524488BF704DAB9B3619C73908775D">
<enum>
(b)
</enum>
<header>
Allotment
</header>
<paragraph id="HFF65BB2C01B24559ADAF5B2A47452CCA">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Subject to paragraph (2), from amounts made available
under section 211(a)(1)(C) for a fiscal year, the Secretary shall
allocate—
</text>
<subparagraph id="H04126AB0F8014E13B8D12158A5174292">
<enum>
(A)
</enum>
<text>
65 percent to the
States on the basis of a State’s need for integrated English literacy and
civics education, as determined by calculating each State’s share of a 10-year
average of the data of the Office of Immigration Statistics of the Department
of Homeland Security for immigrants admitted for legal permanent residence for
the 10 most recent years; and
</text>
</subparagraph>
<subparagraph id="H79456E3E8A86438B8C9F319146B87BEA">
<enum>
(B)
</enum>
<text>
35 percent to the
States on the basis of whether the State experienced growth, as measured by the
average of the 3 most recent years for which the data of the Office of
Immigration Statistics of the Department of Homeland Security for immigrants
admitted for legal permanent residence are available.
</text>
</subparagraph>
</paragraph>
<paragraph id="H485F664D4B224A019BAA651DE031BCF8">
<enum>
(2)
</enum>
<header>
Minimum
</header>
<text>
No
State shall receive an allotment under paragraph (1) in an amount that is less
than $60,000.
</text>
</paragraph>
</subsection>
<subsection id="HBC6A287273F34D0A8396795437E8FF5F">
<enum>
(c)
</enum>
<header>
Study To
determine continued need
</header>
<text display-inline="yes-display-inline">
Not
later than 2 years after the date of the enactment of the Workforce Investment
Act of 2012 and every 2 years thereafter, the Secretaries of Education, Labor,
and Homeland Security shall submit a report to Congress about the
English-language instruction needs of adult immigrants. It shall include
changes in national, State and county-level approaches and requirements in
English-language instruction; data on the composition of recent immigration
flows and immigrant settlement patterns across States; and estimated
instructional needs based on the English ability and educational attainment of
recent immigrants from top immigrant-sending countries. Such study shall be
commissioned by the Institute of Education Sciences, with its design conducted
in collaboration with the Departments of Labor and Homeland
Security.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
</title>
<title id="H9F4172A3CA634C78BA08237C6E77EA3D">
<enum>
III
</enum>
<header>
Amendments to
the Wagner-Peyser Act
</header>
<section id="HFB256BE7D7F14D0FA78933E330FEE981">
<enum>
301.
</enum>
<header>
Employment
service offices
</header>
<text display-inline="no-display-inline">
Section 1 of
the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49
</external-xref>
) is amended by inserting
<quote>
service
</quote>
before
<quote>
offices
</quote>
.
</text>
</section>
<section id="H27B8BD9DA9BF4DC7A7DA60DBAF21CAC0">
<enum>
302.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 2 of the Wagner-Peyser Act (29
U.S.C. 49a) is amended—
</text>
<paragraph id="HA94EACFCE3CB47079E09A786B9B62D34">
<enum>
(1)
</enum>
<text>
by redesignating
paragraphs (2) through (5) as paragraphs (3) through (6), respectively;
</text>
</paragraph>
<paragraph id="HF9B79F448EFD43B9987C63C8F8FD3F9B">
<enum>
(2)
</enum>
<text>
by inserting after
paragraph (1) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HFA8CF1CEACC54B7FAD56E9E8D31EC39D" style="OLC">
<paragraph id="HA08F65451600485A9407945929B1D102">
<enum>
(2)
</enum>
<text>
the term
<term>
employment service office
</term>
means a local office of a State
agency;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HDFD559317BDB42BC94FAADD8B42CCC86">
<enum>
(3)
</enum>
<text>
in paragraph (3)
(as so redesignated)—
</text>
<subparagraph id="H4AC5B58DA2724A2883559A47CB7B1528">
<enum>
(A)
</enum>
<text>
by striking
<quote>
investment board
</quote>
each place it appears and inserting
<quote>
development board
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H44DE1A7168794BA9925A69D3A4734766">
<enum>
(B)
</enum>
<text>
by striking
<quote>
of 1998
</quote>
and inserting
<quote>
of 2011
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HB1012C4FE50547249D16ECAF7FA789AE">
<enum>
(4)
</enum>
<text>
in paragraph (4)
(as so redesignated)—
</text>
<subparagraph id="HC01F6B1DCE244FA4BFC368842E7E9099">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
134(c)
</quote>
and
inserting
<quote>
221(e)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H12544B6548A44A809BA7DBF900142384">
<enum>
(B)
</enum>
<text>
by striking
<quote>
1998
</quote>
and inserting
<quote>
2011
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H98827F97AE8D4FCA8A31F0B70517EE65">
<enum>
(5)
</enum>
<text>
in paragraph (5)
(as so redesignated), by striking
<quote>
and
</quote>
at the end;
</text>
</paragraph>
<paragraph id="H028664D61DED49EC9D7E74DE60511227">
<enum>
(6)
</enum>
<text>
in paragraph (6)
(as so redesignated), by striking the period and inserting
<quote>
;
and
</quote>
; and
</text>
</paragraph>
<paragraph id="H75818025D3534156BE96A87F0AA90F2A">
<enum>
(7)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H22B61785A0914A07B4A3EE30B31F3ABA" style="OLC">
<paragraph id="H5E5396047BB841E0BB05321A1325C950">
<enum>
(7)
</enum>
<text>
except in section
15, the term
<term>
State agency
</term>
, used without further description, means
an agency designated or authorized under section 4; and
</text>
</paragraph>
<paragraph id="H26FC283D73514715A0B25D8864BFF8F8">
<enum>
(8)
</enum>
<text display-inline="yes-display-inline">
the term
<term>
workplace learning
advisor
</term>
, has the meaning given the terms in section 101 of the Workforce
Investment Act of 1998.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HF777CB94D94F4AAEA78164896894FBE3">
<enum>
303.
</enum>
<header>
Federal and
State employment service offices
</header>
<subsection commented="no" id="HE365DEFC84ED475A81DA44A752B2584C">
<enum>
(a)
</enum>
<header>
Coordination
</header>
<text>
Section
3(a) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49b">
29 U.S.C. 49b(a)
</external-xref>
) is amended by striking
<quote>
services
</quote>
and inserting
<quote>
service offices
</quote>
.
</text>
</subsection>
<subsection id="H0FD93CFDAEE64175A028DD1059428F2E">
<enum>
(b)
</enum>
<header>
Public labor
exchange services system
</header>
<text>
Section 3(c)(2) of the Wagner-Peyser Act
(
<external-xref legal-doc="usc" parsable-cite="usc/29/49b">
29 U.S.C. 49b(c)(2)
</external-xref>
) is amended by inserting
<quote>
, and identify and
disseminate information on best practices for such system
</quote>
before the
semicolon.
</text>
</subsection>
<subsection id="H4DB2C7734D00468A9021AB02CE8B3E6F">
<enum>
(c)
</enum>
<header>
One-Stop
centers
</header>
<text>
Section 3 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49b">
29 U.S.C. 49b
</external-xref>
) is
amended by inserting after subsection (c) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H28A90953526244AFA1F2E822AF0C6E5D" style="traditional">
<subsection id="HE6A1310785EA4197AA804FD40BF9C866">
<enum>
(d)
</enum>
<text>
In order to
improve service delivery, avoid duplication of services, and enhance
coordination of services, the employment service offices in each State and the
one-stop centers shall be collocated to the extent practicable.
</text>
</subsection>
<subsection id="H80F4AB45887F4AB3B6784831BE17AE2C">
<enum>
(e)
</enum>
<text>
The Secretary, in
consultation with States, is authorized to assist the States in the development
of national electronic tools that may be used to improve access to workforce
information for individuals through—
</text>
<paragraph id="HCDDD0D3A8F9E4673AB22A960FF9B4586">
<enum>
(1)
</enum>
<text>
the one-stop
delivery systems established as described in section 121(e) of the Workforce
Investment Act of 2012; and
</text>
</paragraph>
<paragraph id="H19B1C1CA7B6549F5A187DAE9C273C6D6">
<enum>
(2)
</enum>
<text>
such other
delivery systems as the Secretary determines to be
appropriate.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H034E2C2A41AE449BAB71A030907F30EA">
<enum>
304.
</enum>
<header>
Allotment of
sums
</header>
<text display-inline="no-display-inline">
Section 6 of the
Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49e">
29 U.S.C. 49e
</external-xref>
) is amended—
</text>
<paragraph id="HDF38B1F9FAC34A898A1174FB61660490">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="H99E87397153947D2A0584A91F0371E8D">
<enum>
(A)
</enum>
<text>
by striking
<quote>
From
</quote>
and inserting
<quote>
After making the reservation required
by subsection (c), from
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HC8293F12867A4C6ABACA6F097AC1464E">
<enum>
(B)
</enum>
<text>
by striking
<quote>
amounts appropriated pursuant to section 5
</quote>
and inserting
<quote>
funds appropriated and (except for Guam) certified under section 5 and
made available for allotments under this section
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H2E628F7297FF4DDABE824F5C0FEF4FE1">
<enum>
(2)
</enum>
<text>
in subsection
(b)(1)—
</text>
<subparagraph id="H131FE487D6A6484FA930BD82BAA4595D">
<enum>
(A)
</enum>
<text>
in the matter
preceding subparagraph (A)—
</text>
<clause id="H3EA435831114436A8B678ADD5F678A47">
<enum>
(i)
</enum>
<text>
by
inserting before
<quote>
the Secretary
</quote>
the following
<quote>
after making
the allotments required by subsection (a),
</quote>
; and
</text>
</clause>
<clause id="H56F6DEBBE5C2472991C569717E5C69C7">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
sums
</quote>
and all that follows through
<quote>
this
Act
</quote>
and inserting
<quote>
funds described in subsection
(a)
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H580588A0991D45EF826BF5B500850E09">
<enum>
(B)
</enum>
<text>
in each of
subparagraphs (A) and (B), by striking
<quote>
sums
</quote>
and inserting
<quote>
remainder
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H62B2365E20A747FDAB133B1D7CC9DBCE">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
<quote>
For purposes of this paragraph, the term
<term>
State
</term>
does not include Guam or the Virgin Islands.
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="HCEF5CCE3790A449D86FFA362BA6A115A">
<enum>
305.
</enum>
<header>
Use of
sums
</header>
<subsection id="H2DD5C9362D7841DC81EE8CBAA4E8EF33">
<enum>
(a)
</enum>
<header>
Resources for
unemployment insurance claimants
</header>
<text display-inline="yes-display-inline">
Section 7(a)(3) of the Wagner-Peyser Act
(
<external-xref legal-doc="usc" parsable-cite="usc/29/49f">
29 U.S.C. 49f(a)(3)
</external-xref>
) is amended—
</text>
<paragraph id="H8C73E23D3C274AE5AB304B0F69592F33">
<enum>
(1)
</enum>
<text>
by striking
<quote>
and
</quote>
at the end of subparagraph (E);
</text>
</paragraph>
<paragraph id="H4EDB7A17EB964846B7497AFBA6E3F34B">
<enum>
(2)
</enum>
<text>
by striking the
period at the end of subparagraph (F) and inserting
<quote>
; and
</quote>
;
and
</text>
</paragraph>
<paragraph id="H79306E6B541745279174FADCCD11BC9E">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
by inserting after subparagraph (F) the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H6CD8DF06AE3A49A9AEAE17DE5D34EEE0" style="traditional">
<subparagraph id="H23B7B8B378CA4F2C819C9BA3A4240D0B">
<enum>
(G)
</enum>
<text>
providing
unemployment insurance claimants and other unemployed individuals with
referrals to, and application assistance for, training and education resources
and programs, including Federal Pell Grants under subpart 1 of part A of title
IV of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1070a">
20 U.S.C. 1070a et seq.
</external-xref>
), educational
assistance under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/30">
chapter 30
</external-xref>
of title 38, United States Code (commonly referred
to as the Montgomery GI Bill), and chapter 33 of that title (Post-9/11 Veterans
Educational Assistance), student assistance under title IV of the Higher
Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1070">
20 U.S.C. 1070 et seq.
</external-xref>
), State student higher education
assistance, and training and education programs provided under titles I and II
of the Workforce Investment Act of 2012, and title I of the Rehabilitation Act
of 1973 (29 U.S.C. 720 et
seq.).
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" id="H963BC0FD4F5F4D2F9C9F5DD10CA2D33C">
<enum>
(b)
</enum>
<header>
State
activities
</header>
<text>
Section 7(b) of the Wagner-Peyser Act (29 U.S.C.
49f(b)) is amended—
</text>
<paragraph commented="no" id="HEAE19B99526D46EEA31CBED5AB5BABDE">
<enum>
(1)
</enum>
<text>
in paragraph (1),
by striking
<quote>
performance standards established by the Secretary
</quote>
and inserting
<quote>
the performance accountability measures that are based on
indicators described in section 136(b)(2)(A)(i) of the Workforce Investment Act
of 2012
</quote>
; and
</text>
</paragraph>
<paragraph commented="no" id="HDB43EEA707C84D59B2B65BB19A49A775">
<enum>
(2)
</enum>
<text>
in paragraph (2),
by inserting
<quote>
offices
</quote>
after
<quote>
employment
service
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H408A24EA02E94173B23A1AEBCEDF04FD">
<enum>
(c)
</enum>
<header>
Providing
additional funds
</header>
<text>
Section 7(c)(2) of the Wagner-Peyser Act (29
U.S.C. 49f(c)(2)) is amended by striking
<quote>
1998
</quote>
and inserting
<quote>
2011
</quote>
.
</text>
</subsection>
<subsection id="HA2B37CFA705C44C09C36DA3EEE7306B4">
<enum>
(d)
</enum>
<header>
Other services
and activities
</header>
<text>
Section 7(d) of the Wagner-Peyser Act (29 U.S.C.
49f(d)) is amended by striking
<quote>
1998
</quote>
and inserting
<quote>
2011
</quote>
.
</text>
</subsection>
<subsection id="H97602921348F47189E45C7073A3F6344">
<enum>
(e)
</enum>
<header>
Conforming
amendment
</header>
<text>
Section 7(e) of the Wagner-Peyser Act (29 U.S.C.
49f(e)) is amended by striking
<quote>
labor employment statistics
</quote>
and
inserting
<quote>
labor market information
</quote>
.
</text>
</subsection>
</section>
<section id="HDDBB8F9CAD474474B34D6E1EBDC20772">
<enum>
306.
</enum>
<header>
State
plan
</header>
<text display-inline="no-display-inline">
Section 8 of the
Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49g">
29 U.S.C. 49g
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H82081984C64D4F8EB824F9F38D2EDFBA" style="traditional">
<section id="H3F705B6A280545C18CC57BE49B0F5010">
<enum>
8.
</enum>
<text display-inline="yes-display-inline">
Any State desiring to receive assistance
under section 6 shall prepare and submit to, and have approved by, the
Secretary and the Secretary of Education, a State plan in accordance with
section 112 or 113 of the Workforce Investment Act of
2011.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H2495D7EA64224906A0DA8D4D56F8A765">
<enum>
307.
</enum>
<header>
Performance
accountability measures
</header>
<text display-inline="no-display-inline">
Section 13(a) of the Wagner-Peyser Act (29
U.S.C. 49l(a)) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HF07408860DFA4D429B4CB7C5E33EDD4A" style="traditional">
<subsection id="H5BCD680E59DE456CA528B1A3483C5475">
<enum>
(a)
</enum>
<text display-inline="yes-display-inline">
The activities carried out pursuant to
section 7 shall be subject to the performance accountability measures that are
based on indicators described in section 136(b)(2)(A)(i) of the Workforce
Investment Act of
2011.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H0C76E11FACA8469983FB55261CCFB3A2">
<enum>
308.
</enum>
<header>
Pilot
projects
</header>
<text display-inline="no-display-inline">
The Wagner-Peyser Act
is amended by inserting after section 13 (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l">
29 U.S.C. 49l
</external-xref>
) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HDC90F0E14F974AA68FA3D8B8E6CEC9F7" style="OLC">
<section id="HF8ECBFB318704D24931FD1BC02A2AFCE">
<enum>
13A.
</enum>
<header>
Pilot
projects
</header>
<subsection id="HF788B1AAA1094D3B87F4C699AF24C6DB">
<enum>
(a)
</enum>
<header>
Grants
</header>
<text>
From
funds appropriated under subsection (f), the Secretary, in consultation with
the Secretary of Education, shall establish and carry out a pilot program. In
carrying out the program, the Secretary shall annually make grants, on a
competitive basis, to State agencies to cooperate in the administration of this
Act by carrying out pilot projects that enhance the professional development
and provision of services by the staff of such State agencies.
</text>
</subsection>
<subsection id="H8A0DC9DDE60142D1A78CE83A601EB3B5">
<enum>
(b)
</enum>
<header>
Use of
funds
</header>
<text>
Funds made available under this section may be used to
enable a State agency to—
</text>
<paragraph id="HD7092A2AA9D4461191F9690813091099">
<enum>
(1)
</enum>
<text>
make available a
broad range of career guidance services, including career planning, aptitude
and interest assessments, provision of labor market information, job placement
services, and evaluations of the outcomes for recipients of such
services;
</text>
</paragraph>
<paragraph id="H3E0DA5A0BE4A4BA18AFB0009D29B7865">
<enum>
(2)
</enum>
<text>
strengthen the
capacity of the State agency to identify job openings through the use of
technology, and through intensive outreach to small- and medium-size employers
while using and enhancing the business and employer services authorized under
this Act;
</text>
</paragraph>
<paragraph id="HEA9A906559B94DA39906AAE5B33CA259">
<enum>
(3)
</enum>
<text>
provide
professional development and career advancement opportunities for staff of a
State agency in order to upgrade their skills and competencies in the provision
of career development activities, employer outreach, job placement, and other
services authorized under this Act, including upgrading those skills and
competencies through the training of such staff to improve their knowledge of,
and ability to effectively interact with, staff and programs of one-stop
partners and other entities administering workforce development
programs;
</text>
</paragraph>
<paragraph id="H025C888925484B05A78532902E578E54">
<enum>
(4)
</enum>
<text>
identify and
implement strategies for State agency staff to provide technical assistance and
training to assist other providers of workforce development activities,
including workplace learning advisors, in providing counseling and
employment-related services to workers and job seekers, and employers;
and
</text>
</paragraph>
<paragraph id="HFE50E237FD9641B5A7EDABFDFAD28E72">
<enum>
(5)
</enum>
<text>
identify and
implement new strategies for integrating counseling and technology to enhance
the provision of employment-related services under this Act.
</text>
</paragraph>
</subsection>
<subsection id="H03963193C1CB4934824C6BE96DF5E627">
<enum>
(c)
</enum>
<header>
Applications
</header>
<text>
A
State agency that seeks a grant under this section shall submit an application
to the Secretary at such time, in such manner, and containing such information
as the Secretary may require.
</text>
</subsection>
<subsection id="H6162C75F4A7B40DEB1F79357A24DDFBB">
<enum>
(d)
</enum>
<header>
Priority
</header>
<text>
In
awarding grants under this section, the Secretary, in consultation with the
Secretary of Education, shall—
</text>
<paragraph id="H1CBF6212B2D04079B6FE302713D27F97">
<enum>
(1)
</enum>
<text>
give priority to a
State agency that—
</text>
<subparagraph id="HA131861CACE24CD7B55DCC7E43AC0674">
<enum>
(A)
</enum>
<text>
demonstrates
participation by employees of the agency and their organized representatives in
the planning of the proposed pilot project;
</text>
</subparagraph>
<subparagraph id="HED32067ADDCB46BA86F87AB8C78AB958">
<enum>
(B)
</enum>
<text>
demonstrates
participation by the employees, or provides an assurance that the employees
will participate, in the implementation of the pilot project; and
</text>
</subparagraph>
<subparagraph id="H586B3499F786479CA23E0D2E8E94D753">
<enum>
(C)
</enum>
<text>
demonstrates that
the State agency has established a partnership, or provides an assurance that
the agency will establish a partnership, with a relevant professional
organization, or with an institution of higher education; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H02E8ECB2612A46E5B654F2D8DADAFB06">
<enum>
(2)
</enum>
<text>
ensure geographic
diversity and diversity with respect to the population density of the States in
which projects under this section will be carried out.
</text>
</paragraph>
</subsection>
<subsection id="H3331B32158D6494EA5B4E4D0FE6F32CD">
<enum>
(e)
</enum>
<header>
Authorization of
appropriations
</header>
<text>
There is authorized to be appropriated to carry
out this section such sums as may be necessary for each of fiscal years 2013
through
2017.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HCC2E14B83FA4414CA58081699A7EB149">
<enum>
309.
</enum>
<header>
Labor market
information system
</header>
<subsection id="H539D8A50E45A4BBEB7AD2714DF0D4B17">
<enum>
(a)
</enum>
<header>
Heading
</header>
<text display-inline="yes-display-inline">
The section heading for section 15 of the
Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2
</external-xref>
) is amended by striking
<quote>
<header-in-text level="section" style="OLC">
Employment
statistics
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
labor market information
system
</header-in-text>
</quote>
.
</text>
</subsection>
<subsection id="HDF4E6A4D7A5A420983E16FC43AA8F7BE">
<enum>
(b)
</enum>
<header>
Name of
system
</header>
<text>
Section 15(a)(1) of the Wagner-Peyser Act (29 U.S.C.
49l–2(a)(1)) is amended by striking
<quote>
employment statistics system of
employment statistics
</quote>
and inserting
<quote>
labor market information
system
</quote>
.
</text>
</subsection>
<subsection id="HBF7D2D5A6FA84B2385775D61CFBFA2EA">
<enum>
(c)
</enum>
<header>
System
responsibilities
</header>
<text>
Section 15(b) of the Wagner-Peyser Act (29
U.S.C. 49l–2(b)) is amended—
</text>
<paragraph id="H68C340933AE84FD4A6E0644185645F66">
<enum>
(1)
</enum>
<text>
by striking
paragraph (1) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA17E4AA1001544A79B58052E11423034" style="OLC">
<paragraph id="H25853298AE4F423B98E9C848F8A6A20B">
<enum>
(1)
</enum>
<header>
In
general
</header>
<subparagraph id="HD2BDBF6B600641049FC6FD7EEB6F5C65">
<enum>
(A)
</enum>
<header>
Structure
</header>
<text>
The
labor market information system described in subsection (a) shall be evaluated
and improved by the Secretary, in consultation with the Workforce Information
Advisory Council established in subsection (d).
</text>
</subparagraph>
<subparagraph id="H84296314398B494CAEF6886214A8DAB5">
<enum>
(B)
</enum>
<header>
Grants and
responsibilities
</header>
<clause id="H31D1D45299B7498BB50FD9FC413EAE5C">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall carry out the provisions of this
section in a timely manner, through grants to or agreements with States.
</text>
</clause>
<clause id="HE6AC3C949EC54B16B848513B7CFB4B7B">
<enum>
(ii)
</enum>
<header>
Distribution of
funds
</header>
<text>
Using amounts appropriated under subsection (g), the
Secretary shall provide funds through those grants and agreements. In
distributing the funds (relating to labor market information funding) for
fiscal years 2013 through 2017, the Secretary shall continue to distribute the
funds to States in the manner in which the Secretary distributed funds to the
States under this section for fiscal years 2004 through
2008.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H867CFE6E311F43548D911D410D6E2D59">
<enum>
(2)
</enum>
<text>
by striking
paragraph (2) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H9B0E6B57D65A4D128658DADD4EF0CC47" style="OLC">
<paragraph id="H54FA740D20BF4DBEB9ADC3B750139693">
<enum>
(2)
</enum>
<header>
Duties
</header>
<text>
The
Secretary, with respect to data collection, analysis, and dissemination of
labor market information for the system, shall carry out the following
duties:
</text>
<subparagraph id="HEAE6936491B5428B85F7D6D9EBE3D366">
<enum>
(A)
</enum>
<text>
Assign
responsibilities within the Department of Labor for elements of the labor
market information system described in subsection (a) to ensure that the
statistical and administrative data collected is consistent with appropriate
Bureau of Labor Statistics standards and definitions, and that the information
is accessible and understandable to users of such data.
</text>
</subparagraph>
<subparagraph id="HDB54224858DB4C32AC9499D71502D1D0">
<enum>
(B)
</enum>
<text>
Actively seek the
cooperation of heads of other Federal agencies to establish and maintain
mechanisms for ensuring complementarity and nonduplication in the development
and operation of statistical and administrative data collection
activities.
</text>
</subparagraph>
<subparagraph id="HD70426F8482D4894882282EB0513764C">
<enum>
(C)
</enum>
<text>
Solicit, receive,
and evaluate the recommendations from the Workforce Information Advisory
Council established in subsection (d) concerning the evaluation and improvement
of the labor market information system described in subsection (a) and respond
in writing to the Council regarding the recommendations.
</text>
</subparagraph>
<subparagraph id="H3D6A2DC9B1E14222AB376017DD105D26">
<enum>
(D)
</enum>
<text>
Through the Bureau
of Labor Statistics and the Employment and Training Administration, and in
collaboration with States, develop and maintain the elements of the labor
market information system described in subsection (a), including the
development of consistent procedures and definitions for use by the States in
collecting the data and information described in subparagraphs (A) and (B) of
subsection (a)(1).
</text>
</subparagraph>
<subparagraph id="H31FDBE596F8D440FAB43B1D711C3617D">
<enum>
(E)
</enum>
<text>
Establish
procedures for the system to ensure that—
</text>
<clause id="H5BBA71EA1D3D4665A4270BC8D1647B03">
<enum>
(i)
</enum>
<text>
such data and
information are timely; and
</text>
</clause>
<clause id="H8CBB89734123460491FCE0983787B08D">
<enum>
(ii)
</enum>
<text>
paperwork and
reporting for the system are reduced to a
minimum.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H91A96C34519E4FFFB9F40CC8CD742858">
<enum>
(d)
</enum>
<header>
Two-Year
plan
</header>
<text>
Section 15 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2
</external-xref>
) is
amended by striking subsection (c) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB1F12748B88C41BB8B960715605B5A55" style="OLC">
<subsection id="HCF2513DC959C4DDDA54F67B8C23EB602">
<enum>
(c)
</enum>
<header>
Two-Year
plan
</header>
<text>
The Secretary, acting through the Commissioner of Labor
Statistics and the Assistant Secretary for Employment and Training, and in
consultation with the Workforce Information Advisory Council described in
subsection (d) and heads of other appropriate Federal agencies, shall prepare a
2-year plan for the labor market information system. The plan shall be
developed and implemented in a manner that takes into account the activities
described in State plans submitted by States under section 112 or 113 of the
Workforce Investment Act of 2012 and shall be submitted to the Committee on
Education and the Workforce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate. The plan shall
include—
</text>
<paragraph id="H07EE9FD51B1541F2B4E6379D608BD6AA">
<enum>
(1)
</enum>
<text>
a description of
how the Secretary will work with the States to manage the nationwide labor
market information system described in subsection (a) and the statewide
workforce and labor market information systems that comprise the nationwide
system;
</text>
</paragraph>
<paragraph id="H0F8D6A5845784509BCB271DB6E23685F">
<enum>
(2)
</enum>
<text>
a description of
the steps to be taken in the following 2 years to carry out the duties
described in subsection (b)(2);
</text>
</paragraph>
<paragraph id="HD2454130CE2440CAAA7A64340F00FBD3">
<enum>
(3)
</enum>
<text>
an evaluation of
the performance of the system, with particular attention to the improvements
needed at the State and local levels;
</text>
</paragraph>
<paragraph id="HA3C21F7706024298B8EA504C7EE14936">
<enum>
(4)
</enum>
<text>
a description of
the involvement of States in the development of the plan, through consultation
by the Secretary with the Workforce Information Advisory Council in accordance
with subsection (d); and
</text>
</paragraph>
<paragraph id="H8E77FBA0CEA948CCA6C4D30DFE92D27D">
<enum>
(5)
</enum>
<text>
a description of
the written recommendations received from the Workforce Information Advisory
Council established under subsection (d), and the extent to which those
recommendations were incorporated into the
plan.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H5B8A4C681C6F444785FE83181162335A">
<enum>
(e)
</enum>
<header>
Workforce
information advisory council
</header>
<text>
Section 15 of the Wagner-Peyser Act
(
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2
</external-xref>
) is amended by striking subsection (d) and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HBCEBBD5A82CD45AB803AA00CB51E6A8E" style="OLC">
<subsection id="H8649DC1E2AEE4F898E2D9DAC0FFC281F">
<enum>
(d)
</enum>
<header>
Workforce
information advisory council
</header>
<paragraph id="HFE0D6B4761B843408960A9093ACDBA48">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary, through the Commissioner of Labor
Statistics and the Assistant Secretary of Labor for Employment and Training,
shall formally consult at least twice annually with the Workforce Information
Advisory Council established in accordance with paragraph (2). Such
consultations shall address the evaluation and improvement of the nationwide
labor market information system described in subsection (a) and the statewide
labor market information systems that comprise the nationwide system and how
the Department of Labor and the States will cooperate in the management of such
systems. The Council shall provide written recommendations to the Secretary
concerning the evaluation and improvement of the nationwide system, including
any recommendations regarding the 2-year plan described in subsection
(c).
</text>
</paragraph>
<paragraph id="HBC7F3A7AE1E44C60BD2A647FF4D67FF8">
<enum>
(2)
</enum>
<header>
Establishment of
council
</header>
<subparagraph id="H48A58AD7797143AAA2FF5535D2DC6557">
<enum>
(A)
</enum>
<header>
Establishment
</header>
<text>
The
Secretary shall establish an advisory council that shall be known as the
Workforce Information Advisory Council (referred to in this section as the
<quote>
Council
</quote>
) to participate in the consultations and provide the
recommendations described in paragraph (1).
</text>
</subparagraph>
<subparagraph id="H96DF47E965224E66B5E58175BCE6A392">
<enum>
(B)
</enum>
<header>
Membership
</header>
<text>
The
Secretary shall appoint the members of the Council, which shall consist
of—
</text>
<clause id="HF0FE757819CC4CE192C4C6884B17FB1D">
<enum>
(i)
</enum>
<text>
4
members who are representatives of lead State agencies with responsibility for
workforce investment activities, or State agencies described in section 4, who
have been nominated by such agencies or by a national organization that
represents such agencies;
</text>
</clause>
<clause id="HFDCA84DB8DD545FCBD7F2EE69A49988B">
<enum>
(ii)
</enum>
<text>
4
members who are representatives of the State labor market information directors
affiliated with the State agencies that perform the duties described in
subsection (e)(2), who have been nominated by the directors;
</text>
</clause>
<clause id="H2EA4B27865C9446C822A7A3A21BBA830">
<enum>
(iii)
</enum>
<text>
1 member who is
a representative of providers of training services under section 122 of the
Workforce Investment Act of 2012;
</text>
</clause>
<clause id="H917DCA5B08F44671BA2C88450865A26F">
<enum>
(iv)
</enum>
<text>
1
member who is a representative of economic development entities;
</text>
</clause>
<clause id="H5B7635A94D4A4B2CBFD170B347D49793">
<enum>
(v)
</enum>
<text>
1
member who is a representative of businesses, who has been nominated by
national business organizations or trade associations;
</text>
</clause>
<clause id="HFB743A40BA6E4139B7A5068DA46312BD">
<enum>
(vi)
</enum>
<text>
1
member who is a representative of labor organizations, who has been nominated
by a national labor federation;
</text>
</clause>
<clause id="H66BC5CA33DED4D01966FE5063B85C447">
<enum>
(vii)
</enum>
<text>
1 member who is
a representative of local workforce investment boards, who has been nominated
by a national organization representing such boards; and
</text>
</clause>
<clause id="HFFAB78C8303F41CEB9D92AA7E91E95D7">
<enum>
(viii)
</enum>
<text>
1 member who is
a representative of research entities that utilize labor market
information.
</text>
</clause>
</subparagraph>
<subparagraph id="HEA8F2FC5CB124706A8A06485F33FEF24">
<enum>
(C)
</enum>
<header>
Geographic
diversity
</header>
<text>
The Secretary shall ensure that the membership of the
Council is geographically diverse and that no 2 of the members appointed under
clauses (i), (ii), and (vii) represent the same State.
</text>
</subparagraph>
<subparagraph id="H49EB0CE5248E4075868D6DD92FFA3F63">
<enum>
(D)
</enum>
<header>
Period of
appointment; vacancies
</header>
<clause id="HAC24086AD3DD419598F3ADF594EFA0A1">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
Each member of the Council shall be appointed for a term
of 3 years, except that the initial terms for members may be 1, 2, or 3 years
in order to establish a rotation in which one-third of the members are selected
each year. Any such member may be appointed for not more than 2 consecutive
terms.
</text>
</clause>
<clause id="HBB2887FA13A04B849CA5DD4E9841D39A">
<enum>
(ii)
</enum>
<header>
Vacancies
</header>
<text>
Any
member appointed to fill a vacancy occurring before the expiration of the term
for which the member's predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after the expiration of that
member's term until a successor has taken office.
</text>
</clause>
</subparagraph>
<subparagraph id="H115812FE7F04478991ABB97CFB6C016F">
<enum>
(E)
</enum>
<header>
Travel
expenses
</header>
<text>
The members of the Council shall not receive
compensation for the performance of services for the Council, but shall be
allowed travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or regular places of
business in the performance of services for the Council. Notwithstanding
<external-xref legal-doc="usc" parsable-cite="usc/31/1342">
section 1342
</external-xref>
of title 31, United States Code, the Secretary may accept the
voluntary and uncompensated services of members of the
Council.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HEB3F74F5CCDC4B88927B455C2A7FFC90">
<enum>
(f)
</enum>
<header>
State
responsibilities
</header>
<text>
Section 15(e) of the Wagner-Peyser Act (29
U.S.C. 49l–2(e)) is amended—
</text>
<paragraph id="H35289E5A4A994E3DB72A192E18B8C08F">
<enum>
(1)
</enum>
<text>
by striking
<quote>
employment statistics
</quote>
each place it appears and inserting
<quote>
labor market information
</quote>
;
</text>
</paragraph>
<paragraph id="H5F4B99A534FD4355A4045AE1BDB6E16B">
<enum>
(2)
</enum>
<text>
in paragraph
(1)(A) by striking
<quote>
annual plan
</quote>
and inserting
<quote>
plan
described in subsection (c)
</quote>
; and
</text>
</paragraph>
<paragraph id="HD3BBFA02E5A24C199489FD75CBFD99F0">
<enum>
(3)
</enum>
<text>
in paragraph
(2)—
</text>
<subparagraph id="HE2BD0344A24244C4903F41FCB7E87423">
<enum>
(A)
</enum>
<text>
in subparagraph
(G), by inserting
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="H4645CE2A715F4D33A13F30175C74D588">
<enum>
(B)
</enum>
<text>
by striking
subparagraph (H);
</text>
</subparagraph>
<subparagraph id="HC14A4F73A53349E18E4D77D8ABDA8899">
<enum>
(C)
</enum>
<text>
in subparagraph
(I), by striking
<quote>
section 136(f)(2) of the Workforce Investment Act of
1998
</quote>
and inserting
<quote>
section 131(i)(2) of the Workforce Investment
Act of 2012
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HBB056CE71808453885AECE441A8029F6">
<enum>
(D)
</enum>
<text>
by redesignating
subparagraph (I) as subparagraph (H).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H56D90C6CDF554A6F88E1FB02FE57AF3E">
<enum>
(g)
</enum>
<header>
Authorization of
appropriations
</header>
<text>
Section 15(g) of the Wagner-Peyser Act (29 U.S.C.
49l–2(g)) is amended by striking
<quote>
1999 through 2004
</quote>
and inserting
<quote>
2013 through 2017
</quote>
.
</text>
</subsection>
</section>
</title>
<title id="HB616B628D3D54227B1A4953145114F01">
<enum>
IV
</enum>
<header>
Amendments to the
Rehabilitation Act of 1973
</header>
<subtitle id="HAF58C1D56263450380622DFE8440A488">
<enum>
A
</enum>
<header>
Introductory
Provisions
</header>
<section id="HFF688E91A052415F82400D48F2AC6EC8">
<enum>
401.
</enum>
<header>
References
</header>
<text display-inline="no-display-inline">
Except as otherwise specifically provided,
whenever in this title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a provision, the amendment or repeal shall be
considered to be made to a provision of the Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.).
</text>
</section>
<section id="H66563ACCE30C469DB6F2AE9DC3AD6D4C">
<enum>
402.
</enum>
<header>
Findings,
purpose, policy
</header>
<subsection id="H2AC0ADDA81BE4B05B2E2BB2B8FCEB2A6">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text>
Section
2(a) is amended—
</text>
<paragraph id="H7EB88E8CCCCF4285926A2164C1B3331C">
<enum>
(1)
</enum>
<text>
in paragraph (5),
by striking
<quote>
and
</quote>
at the end;
</text>
</paragraph>
<paragraph id="HBD99C52EDEF64735B14D02939421AD08">
<enum>
(2)
</enum>
<text>
in paragraph (6),
by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="H065D830118CB4264A1B6C827D8B24964">
<enum>
(3)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HCE01F0A21A164B1B81644B7118196A3D" style="OLC">
<paragraph id="HF2039430E4C4474BB4AD838093C5CDF7">
<enum>
(7)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HB9C495C4F9B143B4AC9F72D03EBC63A1">
<enum>
(A)
</enum>
<text>
a high proportion of
students are leaving secondary education without being employed in competitive
integrated employment, or being enrolled in postsecondary education; and
</text>
</subparagraph>
<subparagraph id="H648416B97E554BFAA3902DF9AF403EFB" indent="up1">
<enum>
(B)
</enum>
<text>
there is a substantial need to support
such students as they transition from school to postsecondary
life.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HCC73A71FE466495CA0920CE36680A111">
<enum>
(b)
</enum>
<header>
Purpose
</header>
<text>
Section
2(b) (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701(b)
</external-xref>
) is amended—
</text>
<paragraph id="HEF499A3983414BCAA6B0FDF9D04D9683">
<enum>
(1)
</enum>
<text>
in paragraph
(1)—
</text>
<subparagraph id="H6E19441A6E224E7BBBF400182F10D536">
<enum>
(A)
</enum>
<text>
in the matter
preceding subparagraph (A), by striking
<quote>
with disabilities
</quote>
and
all that follows through
<quote>
economic
</quote>
and inserting
<quote>
with
disabilities, including individuals with the most significant disabilities, to
maximize opportunities for competitive integrated employment and to achieve
economic
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HE88CA28C5A72477DB3E3D51A7AB34932">
<enum>
(B)
</enum>
<text>
at the end of
subparagraph (F), by striking
<quote>
and
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HA892E62817C346E099C0C3AFFAC02CB6">
<enum>
(2)
</enum>
<text>
in paragraph (2),
by striking the period at the end and inserting a semicolon; and
</text>
</paragraph>
<paragraph id="HCD3DE1858AC843C9827E09DD9583DCA0">
<enum>
(3)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H51C8C4CF55DF45868A80E663795E03E7" style="OLC">
<paragraph id="HFD932FA25AB44B0BAA27B911742CB6E2">
<enum>
(3)
</enum>
<text>
to increase
employment opportunities and employment outcomes for individuals with
disabilities, including through encouraging meaningful involvement by employers
and vocational rehabilitation service providers on successful and prospective
employment and placement strategies; and
</text>
</paragraph>
<paragraph id="H308FFD51069C4F319BDB1108EE2B3315">
<enum>
(4)
</enum>
<text>
to ensure, to the
greatest extent possible, that youth with disabilities and students with
disabilities who are transitioning from receipt of special education services
under the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1400">
20 U.S.C. 1400 et seq.
</external-xref>
)
and receiving accommodations and supports consistent with section 504 of the
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/794">
29 U.S.C. 794
</external-xref>
) are either continuing their
education or employed in competitive integrated
employment.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
<section id="HF98EE523371B44A4A92C6D8FAFD49476">
<enum>
403.
</enum>
<header>
Rehabilitation
Services Administration
</header>
<text display-inline="no-display-inline">
Section 3 (
<external-xref legal-doc="usc" parsable-cite="usc/29/702">
29 U.S.C. 702
</external-xref>
) is amended—
</text>
<paragraph id="H66C74933E63E4D84AA143B11449AC130">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="H968324A38D4948A1B6FF1B1B7E9D011F">
<enum>
(A)
</enum>
<text>
in the first
sentence, by striking
<quote>
Office of the Secretary
</quote>
and inserting
<quote>
Office of Special Education and Rehabilitative Services
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="HE208715EBB5C4313A09DF0FE9A212A17">
<enum>
(B)
</enum>
<text>
in the second
sentence, by striking
<quote>
IV and V
</quote>
and inserting
<quote>
IV, V, VII,
and VIII
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H308B623CC4734C21B8E68AF9FE7425AA">
<enum>
(C)
</enum>
<text>
by striking the
last 3 sentences and inserting
<quote>
The functions of the Commissioner shall
not be delegated to any officer, unless the officer is directly responsible to
the Assistant Secretary for Special Education and Rehabilitative
Services.
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H204C1B3CCD864E9884FF5CA2C833D702">
<enum>
(2)
</enum>
<text>
by redesignating
subsection (b) as subsection (c);
</text>
</paragraph>
<paragraph id="H85F5BB53B9A245F1919DA1A35D3E4857">
<enum>
(3)
</enum>
<text>
by inserting after
subsection (a) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H013C520B1C504C669DCB90CDDDC27297" style="OLC">
<subsection id="H1E750DBC1ED9491C94DFE3DADCE4AD8E">
<enum>
(b)
</enum>
<text>
The Secretary
shall ensure that—
</text>
<paragraph id="H5739646191694844804E904FCD3ABBDF">
<enum>
(1)
</enum>
<text>
the Rehabilitation
Services Administration provides oversight of, conducts monitoring of, and
provides technical assistance to, the designated State agencies funded under
this Act; and
</text>
</paragraph>
<paragraph id="H05B65ECDFB9F40BD9ECD9EE5C5FF88C8">
<enum>
(2)
</enum>
<text>
the staff
providing such oversight, monitoring, and technical assistance includes
individuals who have training in and experience with the programs administered
by the Rehabilitation Services
Administration.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HCC391FB9CA62456094C2205EAF53B939">
<enum>
(4)
</enum>
<text>
in subsection (c),
as redesignated by paragraph (2), by striking
<quote>
for the programs
</quote>
and all that follows and insert
<quote>
in a manner that is consistent with the
purposes of the program for which the funds are appropriated and of this Act,
as enumerated in section 2(b)
</quote>
.
</text>
</paragraph>
</section>
<section id="H516CDA3E3DB9433EB32A3ACE65B84341">
<enum>
404.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 7 (
<external-xref legal-doc="usc" parsable-cite="usc/29/705">
29 U.S.C. 705
</external-xref>
) is amended—
</text>
<paragraph id="H424258B17AEA4DD0B332FF8B2BA10B2F">
<enum>
(1)
</enum>
<text>
in paragraph
(2)—
</text>
<subparagraph id="HC63FF11EAA504EE4A9D8EF16F782D2C3">
<enum>
(A)
</enum>
<text>
in the matter
preceding subparagraph (A), by inserting after
<quote>
means
</quote>
the
following:
<quote>
an assessment that presumes the attainment of an employment
outcome for all individuals with disabilities (including individuals with
significant disabilities and individuals with the most significant
disabilities), and that relies on
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HBA59B25D46A342C2A599E401CD8BAEAC">
<enum>
(B)
</enum>
<text>
in subparagraph
(B)—
</text>
<clause id="H04C93579971A4A96BCA8A5C0B55CA026">
<enum>
(i)
</enum>
<text>
in
clause (iii), by striking
<quote>
and
</quote>
at the end;
</text>
</clause>
<clause id="H97E2FC2853DB46B09DD4340AF577FC29">
<enum>
(ii)
</enum>
<text>
in
clause (iv), by striking the semicolon and inserting
<quote>
; and
</quote>
;
and
</text>
</clause>
<clause id="HA259CA21794146D197CF9978026760DF">
<enum>
(iii)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HCF1BA79D26C7492AB03A5C670D3CAA53" style="OLC">
<clause id="H7651B6D9870642E6B0B72A0ECF76CB08">
<enum>
(v)
</enum>
<text>
to
the maximum extent possible, relies on information obtained from experiences in
integrated employment settings in the community, and other integrated community
settings;
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H9BC792FB57E049058131B972468ECAAF">
<enum>
(2)
</enum>
<text>
in paragraph
(5)—
</text>
<subparagraph id="H0CAADB9412C9459C8F61607BBFECB24E">
<enum>
(A)
</enum>
<text>
in the matter
preceding subparagraph (A), by striking
<quote>
for employment, including career
advancement
</quote>
and inserting
<quote>
for competitive integrated employment
and for career advancement, including
</quote>
;
</text>
</subparagraph>
<subparagraph id="HD9AE6037CE7F4458A803C44611B20B93">
<enum>
(B)
</enum>
<text>
by redesignating
subparagraphs (O) through (Q) as subparagraphs (P) through (R);
</text>
</subparagraph>
<subparagraph id="H0C80533DF94F469CBB705420AC3B6C1A">
<enum>
(C)
</enum>
<text>
by inserting after
subparagraph (N) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4E19E5D62ED641DBAE2535A3D259285D" style="OLC">
<subparagraph id="HEC64CB03093A4D298DD1D18931A6FF97">
<enum>
(O)
</enum>
<text>
customized
employment services;
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HD254C415EBB9451BBCF8275C3470CCE4">
<enum>
(D)
</enum>
<text>
in subparagraph
(R), as redesignated by subparagraph (B) of this paragraph, by striking
<quote>
(P)
</quote>
and inserting
<quote>
(Q)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HE593FDE2195B4E699A12D78FBD8C09AB">
<enum>
(3)
</enum>
<text>
by redesignating
paragraphs (6) as paragraph (7) and inserting after paragraph (5) the following
new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H03DB620E8CAC4873BBA5AE913654DE52" style="OLC">
<paragraph commented="no" id="HF6AAD7A034634CAA8B4EF2788D330B35">
<enum>
(6)
</enum>
<header>
Competitive
integrated employment
</header>
<subparagraph commented="no" id="H859DAE19707D4D21B28AF22691F2BE51">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The term
<term>
competitive integrated employment
</term>
means work by an employee who is
an individual with a disability—
</text>
<clause commented="no" id="HCF058B9BD6AC491AA8C52AC326EF2F07">
<enum>
(i)
</enum>
<text>
that is
compensated at a rate that—
</text>
<subclause commented="no" id="HD05656AB3EA045CDBEA133E79F7E4AB1">
<enum>
(I)
</enum>
<text>
is the same rate
as the rate for other employees who are not individuals with disabilities, and
who are similarly situated in similar occupations by the same employer and who
have similar training, experience, and skills; and
</text>
</subclause>
<subclause commented="no" id="H689DFCBAE44C41AD8DF78CFEF2E74F92">
<enum>
(II)
</enum>
<text>
shall be in
accordance with the applicable law, but in no event less than the higher of the
rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)) or the applicable State or local minimum wage law;
</text>
</subclause>
</clause>
<clause commented="no" id="HA40ED8BFCA31428E813B34DF5818228E">
<enum>
(ii)
</enum>
<text>
for which the
employee receives health and employment benefits comparable to those of other
employees;
</text>
</clause>
<clause commented="no" id="H9CD9C42727164D9FA1D8E1F50BF0DD66">
<enum>
(iii)
</enum>
<text>
that is at a
location typically found in the community where the employee interacts
frequently with other employees and individuals who are not individuals with
disabilities to the same extent that non-disabled employees in comparable
positions interact with others; and
</text>
</clause>
<clause commented="no" id="HA9815DF27E2143E2B55FEE1975F04242">
<enum>
(iv)
</enum>
<text>
that provides
opportunities for advancement that are equivalent to those for other employees
who are not individuals with disabilities and who have comparable
positions.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="HB065B135D9A0422BBE7231661BCF040E">
<enum>
(B)
</enum>
<header>
Inclusion of
customized or supported employment
</header>
<text>
The term
<term>
competitive
integrated employment
</term>
includes integrated employment resulting from the
provision of customized employment strategies or supported employment services,
provided the work involved satisfies the criteria described in subparagraph
(A).
</text>
</subparagraph>
<subparagraph commented="no" id="H8EA2ACBD23714895BE75D105BC046488">
<enum>
(C)
</enum>
<header>
Inclusion of
Self-Employment or Micro-enterprises
</header>
<text>
The term
<term>
competitive
integrated employment
</term>
includes self-employment or micro-enterprises, as
long as the work involved satisfies the criteria described in subparagraph
(A).
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HD773778B13564286A6B61DBE8CB24A9B">
<enum>
(4)
</enum>
<text>
by redesignating
paragraphs (8) through (28) as paragraphs (9) through (29), respectively, and
inserting after paragraph (7) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H27720845ACB74975AB2BF10E10437B6B" style="OLC">
<paragraph id="HBEF15B70F902461C8A5B51D1ECB50AD7">
<enum>
(8)
</enum>
<header>
Customized
employment
</header>
<text>
The term
<term>
customized employment
</term>
means an
employment outcome in competitive integrated employment, for an individual with
a significant disability, that is based on an individualized determination of
the strengths, needs, and interests of the individual with a significant
disability, is designed to meet the specific abilities of the individual with a
significant disability and the business needs of the employer, and is carried
out through flexible strategies, such as—
</text>
<subparagraph id="H1437940A5D3D4E54A3394750DD0CFBCD">
<enum>
(A)
</enum>
<text>
job exploration by
the individual; and
</text>
</subparagraph>
<subparagraph id="H2BE7D613031B4DB0974F5522D3D9E739">
<enum>
(B)
</enum>
<text>
working with an
employer to facilitate placement, including—
</text>
<clause id="H25D8EE0EBC1D4C0481AB1250B5E512A3">
<enum>
(i)
</enum>
<text>
customizing a job
description based on current employer needs or on previously unidentified and
unmet employer needs;
</text>
</clause>
<clause id="H433568E64EB743899CD02ECDA07C3E2A">
<enum>
(ii)
</enum>
<text>
developing a set
of job duties (including a work schedule) and specifics of supervision
(including performance evaluation and review), and determining job
location;
</text>
</clause>
<clause id="HD213EAD227CE4ADFB1E096D54A0172B1">
<enum>
(iii)
</enum>
<text>
representation
by a professional chosen by the individual, or self-representation by the
individual, in working with an employer to facilitate placement; and
</text>
</clause>
<clause id="H08B93C624F424CB9B1C96BAC5542AEA3">
<enum>
(iv)
</enum>
<text>
providing
services and supports at the job
location.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H68638E5B5160499AB4DB795534E12F97">
<enum>
(5)
</enum>
<text>
in paragraph (12)
(as so redesignated)—
</text>
<subparagraph id="H1BDD88A5DCBC4E4E8203497644A2AED2">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (A), by striking
<quote>
competitive employment in the integrated labor market
</quote>
and
inserting
<quote>
competitive integrated employment
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H2B6DDC2A53FF4876AB545A0524CD0363">
<enum>
(B)
</enum>
<text>
in subparagraph
(C), by inserting
<quote>
customized employment,
</quote>
after
<quote>
outcome
of
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H23FE4208401A4161AE9B22DFD57167CF">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
in paragraph (18) (as so
redesignated)—
</text>
<subparagraph id="H835E6FCC7060423D8695EED89221FAE5">
<enum>
(A)
</enum>
<text>
by striking the
<quote>
and
</quote>
at the end of subparagraph (C);
</text>
</subparagraph>
<subparagraph id="H66B106BDD7274AB38E2C3E3C0B776D22">
<enum>
(B)
</enum>
<text>
in subparagraph
(D), by striking the period at the end and inserting a semicolon; and
</text>
</subparagraph>
<subparagraph id="H06AC39F58C634477B120C6D181443252">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H8BABFF3A650643C78870437AF2917372" style="OLC">
<subparagraph id="HDD5EB46DC9A44BA091A6145BC35038C3">
<enum>
(E)
</enum>
<text>
transition and
prevention services that—
</text>
<clause id="H9449CC37668E44C6835A0F43548E231A">
<enum>
(i)
</enum>
<text>
facilitate the
transition of individuals with significant disabilities from nursing homes and
other institutions to home and community-based residences, with the required
supports and services;
</text>
</clause>
<clause id="H242C3B1EED3A4771B9CB3D1F34A02179">
<enum>
(ii)
</enum>
<text>
provide
assistance to individuals with significant disabilities who are at risk of
entering institutions so that the individuals may remain in the community;
and
</text>
</clause>
<clause id="H1ED83B200128473E836CFAC8A804363A">
<enum>
(iii)
</enum>
<text>
facilitate the
transition of youth (including students) who are individuals with significant
disabilities, who were eligible for individualized education programs under
section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C.
1414(d)), and who have completed their secondary education or otherwise left
school, to postsecondary life, including employment; and
</text>
</clause>
</subparagraph>
<subparagraph id="H6E6D8CBEEA6A4F649D29A2F15F04EB24">
<enum>
(F)
</enum>
<text>
services to
promote full access to community life.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H2F84454D65394FA69E6A6D806A1F7A97">
<enum>
(7)
</enum>
<text>
in paragraph
(21)(B), by striking
<quote>
and VII
</quote>
and inserting
<quote>
VII, and
VIII
</quote>
;
</text>
</paragraph>
<paragraph id="H6942585F221A4D008A3FEB34429E8980">
<enum>
(8)
</enum>
<text>
by redesignating
paragraphs (29) through (34) as paragraphs (32) through (37),
respectively;
</text>
</paragraph>
<paragraph id="H2ABFF284AEC34CCAA2F41E255A66EF2C">
<enum>
(9)
</enum>
<text>
by inserting after
paragraph (29) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2E88C55977194824AF905E6ED1720609" style="OLC">
<paragraph id="HFE6B99D9C7F2490F9E56F61783DB8BA9">
<enum>
(30)
</enum>
<header>
Post-employment
service
</header>
<text>
The term
<term>
post-employment service
</term>
means a
service identified under section 103(a) that is—
</text>
<subparagraph id="HE88A2F16ED0B43DE97BAC74A5DEA8E8B">
<enum>
(A)
</enum>
<text>
provided
subsequent to the achievement of an employment outcome; and
</text>
</subparagraph>
<subparagraph id="H2313F3F0C8BF4145ABEC373B2F47BA2A">
<enum>
(B)
</enum>
<text>
necessary for an
individual to maintain or regain an employment outcome in competitive
integrated employment, consistent with the individual's strengths, resources,
priorities, concerns, abilities, capabilities, interests, and informed
choice.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H561ABEC3945A4188B14062A4CB1F7F14">
<enum>
(31)
</enum>
<header>
Pre-employment
transition services
</header>
<subparagraph commented="no" id="H6CBA830F50D64DD3BE6B91B1139C087A">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The term
<term>
pre-employment transition services
</term>
means a coordinated set activities for an eligible student with a disability,
designed within an outcome-oriented process, that promotes movement from school
to any of the following post-school activities: postsecondary education,
vocational training, competitive integrated employment (including supported
employment), adult education, adult services, independent living, or community
participation.
</text>
</subparagraph>
<subparagraph commented="no" id="HF7028A06BEFE4720B6392197E148EE35">
<enum>
(B)
</enum>
<header>
Specific
services
</header>
<text>
The term
<term>
pre-employment transition services
</term>
means a set of services, that is available to students with disabilities, and
that makes available, at a minimum—
</text>
<clause commented="no" id="HAB5F13DD42F64337B0BBA72274DDA5B6">
<enum>
(i)
</enum>
<text>
career
counseling;
</text>
</clause>
<clause commented="no" id="H5C72AC27084D4BD0BA024698DD186B60">
<enum>
(ii)
</enum>
<text>
work-based
learning experience, including in-school and after school work experience, or
work experience outside the traditional school setting (such as experience
through job training or internships), that is provided in an integrated
environment to the maximum extent possible;
</text>
</clause>
<clause commented="no" id="H562AF8F89432478FA9305548F9D4314A">
<enum>
(iii)
</enum>
<text>
counseling on
opportunities for enrollment in a comprehensive transition or postsecondary
educational program at an institution of higher education;
</text>
</clause>
<clause commented="no" id="H2B2D5A566F584892BEEE64705E9CD255">
<enum>
(iv)
</enum>
<text>
school-based
preparatory employment experiences such as role playing, social skills
development, and independent living training, coordinated with any transition
services provided by the local educational agency under the Individuals with
Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1400">
20 U.S.C. 1400 et seq.
</external-xref>
); and
</text>
</clause>
<clause commented="no" id="H06962A00D28A47D8A5056B1E79447F1B">
<enum>
(v)
</enum>
<text>
training in
self-advocacy, individual rights, self-determination skills, and the informed
consent process, as well as peer mentoring.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="HB83C75D6F335480D94E31207F9BFB78A">
<enum>
(C)
</enum>
<header>
Coordinated set
of activities
</header>
<text>
For purposes of subparagraph (A), the coordinated
set of activities shall be based on the individual student’s needs, taking into
account the student’s preferences and interests, and shall include education
and training, community experiences, the development of employment and other
adult living objectives, and, when appropriate, acquisition of daily living
skills and functional vocational
evaluation.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H09B748F7131449D2878E3CC874ED6FF4">
<enum>
(10)
</enum>
<text display-inline="yes-display-inline">
by redesignating paragraphs (35) through
(39) as paragraphs (39) through (43), respectively, and inserting after
paragraph (37) (as so redesignated) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA840AE93A5F84AD8A87182FE18ECD264" style="OLC">
<paragraph id="H319F75001B2645D4B7486F3BF3439C7F">
<enum>
(38)
</enum>
<header>
Student with a
disability
</header>
<subparagraph id="HB2AB69A7F5414E83B188DE67878B2356">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The term
<term>
student with a disability
</term>
means an
individual with a disability who—
</text>
<clause id="HAAC26A9072F94E76913AD1FC4B59A342">
<enum>
(i)
</enum>
<text>
attends a
secondary school;
</text>
</clause>
<clause id="H82A26A534F9847C082C3C5D38AF43F13">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H8D93AE4A38464C1E8132DF1F164F6433">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
is not younger than the earliest age for
the provision of transition services under section 614(d)(1)(A)(i)(VIII) of the
Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1414">
20 U.S.C. 1414(d)(1)(A)(i)(VIII)
</external-xref>
);
and
</text>
</subclause>
<subclause id="HAE28186AACBB4856A320522752A7463E" indent="up1">
<enum>
(II)
</enum>
<item commented="no" display-inline="yes-display-inline" id="HC096311E9D014505B7F4A09836E47EE8">
<enum>
(aa)
</enum>
<text>
is not older than 21
years of age; or
</text>
</item>
<item id="H8E0F0AFE9A7B48DF98384C894A5AFF2A" indent="up1">
<enum>
(bb)
</enum>
<text>
if the State law for the State provides
for a higher maximum age for receipt of services under the Individuals with
Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1400">
20 U.S.C. 1400 et seq.
</external-xref>
), is not older than that
maximum age; and
</text>
</item>
</subclause>
</clause>
<clause id="H441B8998B3FD4DAEACBC7800553112A3">
<enum>
(iii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="HEB4A6ECCB8BC4D278B4196596CEFA5A7">
<enum>
(I)
</enum>
<text>
is eligible for, and
receiving, special education or related services under part B of the
Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1411">
20 U.S.C. 1411 et seq.
</external-xref>
); or
</text>
</subclause>
<subclause id="H374209C811B94122B36CBF7CF2FCB28C" indent="up1">
<enum>
(II)
</enum>
<text>
is an individual with a disability, for
purposes of section
504.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HA075EC1D5AA64FBCA400118B7805775C">
<enum>
(11)
</enum>
<text>
by striking
paragraphs (38) and (39), as redesignated by paragraph (12), and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H9EE6BD7BE6294A65BAC1F2593488628D" style="OLC">
<paragraph id="H991B866C6FEF4B419ED4692371F8ECE1">
<enum>
(38)
</enum>
<header>
Supported
employment
</header>
<text display-inline="yes-display-inline">
The term
<term>
supported employment
</term>
means an employment outcome in competitive
integrated employment, including customized employment, that is consistent with
the strengths, resources, priorities, concerns, abilities, capabilities,
interests, and informed choice of the individuals involved, for individuals
with the most significant disabilities—
</text>
<subparagraph id="H8807BEDD7B724E7EB17724D702D66293">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H1389613E4C844297B768B2353A3A1326">
<enum>
(i)
</enum>
<text>
for whom competitive
integrated employment has not historically occurred; or
</text>
</clause>
<clause id="H6C0CAD143D1C456F8C7F56A9199FE5BC" indent="up1">
<enum>
(ii)
</enum>
<text>
for whom competitive integrated
employment has been interrupted or intermittent as a result of a significant
disability;
</text>
</clause>
</subparagraph>
<subparagraph id="HCE125D9DACB74D02BCB09A7D50207C11">
<enum>
(B)
</enum>
<text>
who, because of
the nature and severity of their disability—
</text>
<clause id="HDC3CECA7DD714AC9B5EC2D090A1D64D4">
<enum>
(i)
</enum>
<text>
need intensive
supported employment services for the period described in paragraph (39);
and
</text>
</clause>
<clause id="H95704255061743F6A9300904BE061942">
<enum>
(ii)
</enum>
<text>
need extended
services described in paragraph (13) in order to continue to perform in such
work beyond the period described in paragraph (39); and
</text>
</clause>
</subparagraph>
<subparagraph id="HF3A9C992A46D469D9CF0BB12599E93F3">
<enum>
(C)
</enum>
<text>
to the extent that
on-going extended services, as described in paragraph (13) of this section, are
needed, the designated State unit will assist the individual in identifying
providers of those services.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0B6EDBE3A9DA4C59A848A49D1BA4DB96">
<enum>
(39)
</enum>
<header>
Supported
employment services
</header>
<text>
The term
<term>
supported employment
services
</term>
means ongoing support services, including customized
employment, needed to support and maintain an individual with a most
significant disability in an employment, outcome that—
</text>
<subparagraph id="HAA80E53D798C4C8585CEF5634720AAFD">
<enum>
(A)
</enum>
<text>
are provided
singly or in combination and organized and made available in such a way as to
assist an eligible individual to succeed in competitive integrated
employment;
</text>
</subparagraph>
<subparagraph id="HB02118A0814044C3A4BF0886C4C3BA51">
<enum>
(B)
</enum>
<text>
are based on a
determination of the needs of an eligible individual, as specified in an
individualized plan for employment; and
</text>
</subparagraph>
<subparagraph id="H83D96460F15D4FA4A418E61C4924A2B3">
<enum>
(C)
</enum>
<text>
are provided by
the designated State unit for a period of not more than 24 months, except that
the period may be extended, if necessary, in order to achieve the employment
outcome identified in the individualized plan for
employment.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HD0FE60FD9CAA4F97B6A023B5F2C69FDF">
<enum>
(12)
</enum>
<text display-inline="yes-display-inline">
by inserting after paragraph (43) (as so
redesignated) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5E0ED934AC644A78B0BC6BC45B03A933" style="OLC">
<paragraph id="HB4CABCD94A0048D6B2FDDEA23B1ECA1F">
<enum>
(44)
</enum>
<header>
Youth with a
disability
</header>
<text display-inline="yes-display-inline">
The term
<term>
youth with a disability
</term>
means an individual with a disability
who—
</text>
<subparagraph id="H8736E7C220A948918AB27E77772DC2CC">
<enum>
(A)
</enum>
<text>
is not younger
than 14 years of age; and
</text>
</subparagraph>
<subparagraph id="HE563847E691A44519C1B434BCC3B0A40">
<enum>
(B)
</enum>
<text>
is not older than
24 years of
age.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H87F80A3C088842A39BD182DAAB98A228">
<enum>
405.
</enum>
<header>
Administration
of the Act
</header>
<text display-inline="no-display-inline">
Section 12(a)(1)
(
<external-xref legal-doc="usc" parsable-cite="usc/29/709">
29 U.S.C. 709
</external-xref>
) is amended—
</text>
<paragraph id="H1889A17970C64476AC90FDB067D24A88">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
(1)
</quote>
and
inserting
<quote>
(1)(A)
</quote>
; and
</text>
</paragraph>
<paragraph id="HEEFEBB5D85304346BFCEF69370C124D1">
<enum>
(2)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5249D7FEDDBE401CBB915FE23E9A15D8" style="OLC">
<subparagraph id="HED461BF38CCA4C6EBA0F76A6F149CDA6" indent="up1">
<enum>
(B)
</enum>
<text>
provide technical assistance to the
designated State units on developing successful partnerships with local and
multi-State businesses to increase the employment of individuals with
disabilities; and
</text>
</subparagraph>
<subparagraph id="H8C354C9990FD43D6ACB52B2FDE4D72DF" indent="up1">
<enum>
(C)
</enum>
<text>
provide technical assistance to
providers and organizations on developing self-employment opportunities and
outcomes for individuals with
disabilities.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HE385A690AEBD4209A8CB600AA4DDFE1A">
<enum>
406.
</enum>
<header>
Reports
</header>
<text display-inline="no-display-inline">
Section 13 (
<external-xref legal-doc="usc" parsable-cite="usc/29/710">
29 U.S.C. 710
</external-xref>
) is
amended—
</text>
<paragraph id="HCBA2990DF6894142925CAA690EF4CFB4">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in section (c)—
</text>
<subparagraph id="H7136385728334CAE98A1A96A9938EB5C">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
(c)
</quote>
and
inserting
<quote>
(c)(1)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H0B3FEA8C92464F68BF094688B5194B39">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC7BA27F104ED46668D84688DC8D0DE36" style="OLC">
<paragraph id="H59D61F4E08044FCCB61C105DF7C474A3" indent="up1">
<enum>
(2)
</enum>
<text>
The ILA Director described in section
701A shall include, in the annual report, information on the extent to which
centers for independent living receiving funds under part C of title VII have
complied with the standards and assurances set forth in section 725. The ILA
Director may identify individual centers for independent living in the analysis
contained in that information. The ILA Director shall include in the report the
results of onsite compliance reviews, identifying individual centers for
independent living and other recipients of assistance under part C of title
VII.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H4371C9B0F22345BC9157F8DD6FFCEE02">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7C0FCC28423B4F1E935ED8DBF65B5144" style="OLC">
<subsection id="H919048E9F70842E8869D44E6DA462F6A">
<enum>
(d)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="HA4856CB7AE8948309D3D61683964A7EE">
<enum>
(1)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HFFA3BED0276445D697F908ADCEC891C2">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
The Commissioner shall ensure that the
reports, information, and data described in subparagraph (B) are made publicly
available in a timely and accessible manner, including through electronic
means, in order to inform the public about the administration and performance
of programs in each State under this Act.
</text>
</subparagraph>
<subparagraph id="H1BA4CAD9D691487BA06C01C893476006" indent="up2">
<enum>
(B)
</enum>
<text>
The reports, information, and data
referred to in subparagraph (A) shall consist of—
</text>
<clause id="H2A304CDC5911463C8BD7BD8D8E05EC9F">
<enum>
(i)
</enum>
<text>
reports submitted by a designated
State agency or designated State unit under this Act;
</text>
</clause>
<clause id="H234340DDCA2F47AB87019920BFBCE520">
<enum>
(ii)
</enum>
<text>
accountability information, including
State performance information relating to evaluation standards and performance
indicators, and additional performance accountability indicators, under section
106, including information on compliance with such standards, indicators, and
measures, relating to individuals with disabilities, submitted by a designated
State agency or designated State unit under this Act, or submitted by a State
to the Secretary of Labor or the Secretary of Education under section 136 of
the Workforce Investment Act of 1998;
</text>
</clause>
<clause id="HC1CACAE83D5642B6976163B262D95093">
<enum>
(iii)
</enum>
<text>
data collected from each designated
State unit under this Act; and
</text>
</clause>
<clause commented="no" id="H4284525E10B541FBA3BA639BFBDCC10F">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
reports from monitoring conducted under
this Act, including relevant reports required under section 136 of the
Workforce Investment Act of 1998 and other relevant reports, information, and
data required under title I of such Act.
</text>
</clause>
</subparagraph>
<subparagraph id="H28948E4395804676A0D581B43A1F2580" indent="up2">
<enum>
(C)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H3E0EFE09D5AF418196078C4B790EF35B">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
The Commissioner shall ensure that the
information described in clause (ii) is made publicly available in a timely and
accessible manner, including through electronic means.
</text>
</clause>
<clause id="H1C848F58856C4E0D900CF1D1B78925F0" indent="up1">
<enum>
(ii)
</enum>
<text>
The information referred to in
clause (i) is—
</text>
<subclause id="H1A828366B8D6401F9A30C79C064539B6">
<enum>
(I)
</enum>
<text>
the reports, information, and data
required to be submitted by designated State units or designated State agencies
under this Act;
</text>
</subclause>
<subclause id="H1C5E0512E4F74413AE07050CAA52EA2B">
<enum>
(II)
</enum>
<text>
evaluations, studies, and audits
conducted by Federal agencies, concerning programs carried out under this Act;
and
</text>
</subclause>
<subclause id="H8EA22D1C40A2441F999176B60DE081A3">
<enum>
(III)
</enum>
<text>
a list that specifies the designated
State unit or designated State agency for each State, including a link to the
website maintained by each such unit or agency.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HF4398FB11D134A8E8BAFCCC24125090E" indent="up1">
<enum>
(2)
</enum>
<text>
The Commissioner shall maintain
public use read-only access to the State and aggregated reports, and analyzed
data, concerning programs carried out under this Act, that are filed and
maintained in the Rehabilitation Services Administration management information
system or a system maintained by the Department of
Education.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H41EAF5869AB34EF0AF7C679A0B167A12">
<enum>
407.
</enum>
<header>
Evaluation
</header>
<text display-inline="no-display-inline">
Section 14(f)(2) (
<external-xref legal-doc="usc" parsable-cite="usc/29/711">
29 U.S.C. 711(f)(2)
</external-xref>
) is
amended by striking
<quote>
nonintegrated to integrated employment
</quote>
and
inserting
<quote>
nonintegrated to competitive integrated
employment
</quote>
.
</text>
</section>
<section id="H9CA5D61B83DD42D096CFC7170E6950BE">
<enum>
408.
</enum>
<header>
Carryover
</header>
<text display-inline="no-display-inline">
Section 19 (
<external-xref legal-doc="usc" parsable-cite="usc/29/716">
29 U.S.C. 716
</external-xref>
) is
amended—
</text>
<paragraph id="H432D9A5B7E3B49A5AA10AD6ADA274E01">
<enum>
(1)
</enum>
<text>
in subsection (a),
by striking
<quote>
part B of title I
</quote>
and all that follows through
<quote>
including
</quote>
and inserting
<quote>
part B of title I (except the
client assistance program funded under section 112), part B of title VI, or
chapter 2 and 4 of title VII including
</quote>
; and
</text>
</paragraph>
<paragraph id="HBD3513A8DAF54F9F8AFE1D6E67274AD4">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H15C0CC872AD94FAEA7D6D9C31D990E4A" style="OLC">
<subsection id="H514BAE6817C34DB699B3C93E1C263964">
<enum>
(c)
</enum>
<header>
Client
assistance program; protection and advocacy of individual rights
</header>
<paragraph id="HEEBA4126D99F41AD97E8656B9548AD3B">
<enum>
(1)
</enum>
<header>
Appropriated
amounts
</header>
<text>
Notwithstanding any other provision of law, any funds
appropriated for a fiscal year to carry out a grant program under section 112
or 509 (except as provided in section 509(b)), including any funds reallotted
during that fiscal year under such grant program, that are not obligated and
expended by a recipient prior to the beginning of the succeeding fiscal year,
shall remain available for obligation and expenditure by such recipient during
such succeeding fiscal year.
</text>
</paragraph>
<paragraph id="H1CB7DA5308014E9CAE868D3637E1EED1">
<enum>
(2)
</enum>
<header>
Program
income
</header>
<text>
Notwithstanding any other provision of law, any amount of
program income received by a recipient under a grant program under section 112
or 509 in a fiscal year that is not obligated and expended by the recipient
prior to the beginning of the succeeding fiscal year, shall remain available
until expended.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HD53A715B7CA9408C90A7259E29F44247">
<enum>
409.
</enum>
<header>
Traditionally
underserved populations
</header>
<text display-inline="no-display-inline">
Section 21 (
<external-xref legal-doc="usc" parsable-cite="usc/29/718">
29 U.S.C. 718
</external-xref>
) is amended in
subsection (a), by striking paragraphs (1) and (2) and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H4E72A65BC2D14407BC85D6B63FE595CA" style="OLC">
<paragraph id="H346084EE865A43F78141B3FE25B3D4B7">
<enum>
(1)
</enum>
<header>
Racial
profile
</header>
<text>
The demographic profile of the United States is changing
at an unprecedented rate, with the population of the Nation becoming far more
ethnically diverse than in the past. Within the United States, while the rate
of increase from 2000 to 2010 for White Americans was 7.9 percent, the rate of
increase during that period for racial and ethnic minorities was much higher:
42.0 percent for Latinos, 11.4 percent for African-Americans, and 34.9 percent
for Asian-Americans.
</text>
</paragraph>
<paragraph id="H861251C1E4614E209192329E34403894">
<enum>
(2)
</enum>
<header>
Rate of
disability
</header>
<text>
Ethnic and racial minorities tend to have disabling
conditions at a disproportionately high rate. In 2005—
</text>
<subparagraph id="HDE4D10B8E2CE457E9427B5CDA8637118">
<enum>
(A)
</enum>
<text>
among Americans
ages 25 through 64, the rate of disability was 17.3 percent;
</text>
</subparagraph>
<subparagraph id="H040D5F04077149358E89C648F7E1258E">
<enum>
(B)
</enum>
<text>
among
African-Americans in that age range, the disability rate was more than twice as
high, at 21.3 percent; and
</text>
</subparagraph>
<subparagraph id="H098815C188AA48CBA110AFB4A1D41AD3">
<enum>
(C)
</enum>
<text>
for American
Indians in the same age range, the disability rate was 25.6 percent of the
general
population.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
<subtitle id="H226617803A584D5F97EFB92EF5ED57CC">
<enum>
B
</enum>
<header>
Vocational
rehabilitation services
</header>
<section id="H2A188B47EB664756BA2ABA8CC4EE96F4">
<enum>
411.
</enum>
<header>
Declaration of
policy; authorization of appropriations
</header>
<subsection id="HD280C43069F14D35A9D67AC7D5B47CDD">
<enum>
(a)
</enum>
<header>
Findings;
purpose; policy
</header>
<text>
Section 100(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720(a)
</external-xref>
) is
amended—
</text>
<paragraph id="HE4A0A007821F474AB1E01C0940627DE0">
<enum>
(1)
</enum>
<text>
in paragraph
(1)(C), by striking
<quote>
gainful employment in integrated settings
</quote>
and inserting
<quote>
gainful employment in competitive integrated employment
settings
</quote>
;
</text>
</paragraph>
<paragraph id="H67E1657C8509419A957E6A5D7583E63D">
<enum>
(2)
</enum>
<text>
in paragraph
(2)(B), by striking
<quote>
gainful employment
</quote>
and inserting
<quote>
high
quality employment that will increase opportunities for economic
self-sufficiency
</quote>
; and
</text>
</paragraph>
<paragraph id="H5D36CA7DE25A4FC2B00BE4CE1FED1B8E">
<enum>
(3)
</enum>
<text>
in paragraph
(3)—
</text>
<subparagraph id="H02343147BD984397B73FECEA335C2369">
<enum>
(A)
</enum>
<text>
in subparagraph
(B), by striking
<quote>
gainful employment in integrated settings
</quote>
and
inserting
<quote>
competitive integrated employment
</quote>
;
</text>
</subparagraph>
<subparagraph id="H058C7CA10C104367B627D666A4393BB0">
<enum>
(B)
</enum>
<text>
in subparagraph
(C)(ii), by striking
<quote>
for the individuals
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H8FF2463A711A48FDACFEB777F24B6FE3">
<enum>
(C)
</enum>
<text>
in subparagraph
(E), by inserting
<quote>
should
</quote>
before
<quote>
facilitate
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HCD62E6134C634C1AA3BF7035A27D76F6">
<enum>
(b)
</enum>
<header>
Authorization of
appropriations
</header>
<text>
Section 100(b)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720(b)(1)
</external-xref>
) is amended
by striking
<quote>
fiscal years 1999 through 2003
</quote>
and inserting
<quote>
fiscal years 2013 through 2017
</quote>
.
</text>
</subsection>
</section>
<section commented="no" id="H9275DC6465F047799EEE2CC07B818107">
<enum>
412.
</enum>
<header>
State
plans
</header>
<subsection commented="no" id="H57F34C0D086C4FBABB8C88137BEA4361">
<enum>
(a)
</enum>
<header>
Plan
requirements
</header>
<text>
Section 101(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(a)
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="HC32ABD0F36044679847D6A8BA227403C">
<enum>
(1)
</enum>
<text>
in paragraph
(1)—
</text>
<subparagraph commented="no" id="HD85AB145AB8B4EE691F076B05F5C4F42">
<enum>
(A)
</enum>
<text>
in subparagraph
(A), by striking
<quote>
to participate
</quote>
and all that follows and
inserting
<quote>
to receive funds under this title for a fiscal year, a State
shall submit, and have approved by the Secretary and the Secretary of Labor a
State plan in accordance with section 112, or a State unified plan in
accordance with section 113. The State plan or State unified plan shall include
the provisions of a State plan for vocational rehabilitation services,
described in this subsection.
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="H8C059F676DB344A1B576C51A7B71494A">
<enum>
(B)
</enum>
<text>
in subparagraph
(B)—
</text>
<clause commented="no" id="H057C0A3D80F04A4A9285952564ECFD40">
<enum>
(i)
</enum>
<text>
by striking
<quote>
in the State plan for vocational rehabilitation services,
</quote>
and
inserting
<quote>
as part of the vocational rehabilitation services portion of
the State plan or State unified plan submitted in accordance with subparagraph
(A),
</quote>
; and
</text>
</clause>
<clause commented="no" id="H375CF2776CCA42D48F24F4EFB310509F">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
Rehabilitation Act Amendments of 1998
</quote>
and inserting
<quote>
Workforce Investment Act of 2012
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="HE327DC86F84B4076940B4123F48979DA">
<enum>
(C)
</enum>
<text>
in subparagraph
(C)—
</text>
<clause commented="no" id="H74689F2C1F564367A6CD33899D328714">
<enum>
(i)
</enum>
<text>
by striking
<quote>
The State plan shall remain in effect subject to the submission of such
modifications
</quote>
and inserting
<quote>
The vocational rehabilitation
services portion of the State plan or State unified plan submitted in
accordance with subparagraph (A) shall remain in effect until the State is
required to submit the plan in accordance with subparagraph (A) or until the
submission of such modifications
</quote>
; and
</text>
</clause>
<clause commented="no" id="H7EE10FA6913E472888112760B18CAD20">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
, until the State submits and receives approval of a new State
plan
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H40A805D836904E419A248A4B5DC603C0">
<enum>
(2)
</enum>
<text>
in paragraph
(2)—
</text>
<subparagraph commented="no" id="H5443B3CF19604F8ABE93CB6C912824CD">
<enum>
(A)
</enum>
<text>
in subparagraph
(A), by striking
<quote>
The State plan
</quote>
and inserting
<quote>
The State
plan for vocational rehabilitation services
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H474B9477103A4222AD15652F594AAA08">
<enum>
(B)
</enum>
<text>
in subparagraph
(B)(ii)—
</text>
<clause commented="no" id="H84DF52DE13CC4918A90DB3D39ABF8125">
<enum>
(i)
</enum>
<text>
in subclause
(III), by striking
<quote>
and
</quote>
at the end;
</text>
</clause>
<clause commented="no" id="HF69B0F3B29BC4669A4B51B54F2004F10">
<enum>
(ii)
</enum>
<text>
in subclause
(IV), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</clause>
<clause commented="no" id="HDBBC88ACD638413A8D96E29A6F1EDF44">
<enum>
(iii)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6BFC3C245DB547DB88B38C8D995C4D9E" style="OLC">
<subclause commented="no" id="H7489A538509A4523A3C3A666E91BEBB9">
<enum>
(V)
</enum>
<item commented="no" display-inline="yes-display-inline" id="HEDB45CC050124940804C208AEB3F18BB">
<enum>
(aa)
</enum>
<text>
has the authority and
responsibility within the State to ensure that the funds appropriated under
this title are expended only in a manner that is consistent with the purposes
of this title; and
</text>
</item>
<item commented="no" id="HE9403FF047004253832E3EA2D32D17E0" indent="up1">
<enum>
(bb)
</enum>
<text>
the authority and responsibility
described in subparagraph (aa) may not be delegated to or performed by another
agency, including the designated State agency for the vocational rehabilitation
program, and or
individual.
</text>
</item>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H0CB64568861240D699F4EB62A3477CF1">
<enum>
(3)
</enum>
<text>
in paragraph
(5)—
</text>
<subparagraph commented="no" id="HDB9187A15C124D039559CE33DAFE7C74">
<enum>
(A)
</enum>
<text>
in subparagraph
(C), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph commented="no" id="HDA19583E9A4C45C78B70E0FCC1F39A8E">
<enum>
(B)
</enum>
<text>
by redesignating
subparagraph (D) as subparagraph (E); and
</text>
</subparagraph>
<subparagraph commented="no" id="H08E0B0318D9D4BF2A7ECE1A42F82CDE9">
<enum>
(C)
</enum>
<text>
by inserting after
subparagraph (C) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H9F87E3BFDAE6426A865CD5982FA90CC5" style="OLC">
<subparagraph commented="no" id="HAC3B90E7B71C45C6A29A05A5086408D5">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
notwithstanding subparagraph (C), assure
that the designated State unit may give priority for the provision of services
to those eligible individuals who require specific services or equipment in
accordance with an approved individualized plan for employment to maintain an
employment outcome under the vocational rehabilitation program;
and
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H0F195CEC7E714BCCA9C906D4AC344EA0">
<enum>
(4)
</enum>
<text>
in paragraph
(6)(B), by striking
<quote>
to employ and advance in employment
</quote>
and
inserting
<quote>
to recruit, employ, and advance in competitive integrated
employment
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="HD3A7BFCC54F943BEB246FCFB0104F453">
<enum>
(5)
</enum>
<text>
in paragraph
(7)(A)(v)—
</text>
<subparagraph commented="no" id="HC2AC015CB399411C9BCF36B12E67BF32">
<enum>
(A)
</enum>
<text>
by striking
subclause (I) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HEF812B848E044472A46F4EFE33FF7F00" style="OLC">
<subclause commented="no" id="H8B0A873671774BEA8EA20C9D9FB90458">
<enum>
(I)
</enum>
<text>
a system for the
continuing education of rehabilitation professionals and paraprofessionals
within the designated State unit, particularly with respect to rehabilitation
technology, including training implemented in coordination with entities
carrying out State programs under section 4 of the Assistive Technology Act of
1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3003">
29 U.S.C. 3003
</external-xref>
);
and
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HE72C9BEF61EA4F869659C1BD04B4B7F2">
<enum>
(6)
</enum>
<text>
in paragraph
(8)—
</text>
<subparagraph commented="no" id="HD996FD9763834F15B286352D2FD0693B">
<enum>
(A)
</enum>
<text>
in subparagraph
(A), by striking
<quote>
(5)(D)
</quote>
and inserting
<quote>
(5)(E)
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="H00B8F41ED8734FBC9D700871D3DFB480">
<enum>
(B)
</enum>
<text>
in subparagraph
(B)—
</text>
<clause commented="no" id="H0AE270A926EE4964841EEB663E7E9777">
<enum>
(i)
</enum>
<text>
in the matter
preceding clause (i) by striking
<quote>
(5)(D)
</quote>
and inserting
<quote>
(5)(E)
</quote>
; and
</text>
</clause>
<clause commented="no" id="HAC7828340BB744828BB4F91EBA2951C6">
<enum>
(ii)
</enum>
<text>
in clause (iv),
by striking
<quote>
(5)(D)
</quote>
and inserting
<quote>
(5)(E)
</quote>
;
and
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H69225E696674475883D8306B54295844">
<enum>
(C)
</enum>
<text>
in subparagraph
(C)(i), by striking
<quote>
(5)(D)
</quote>
and inserting
<quote>
(5)(E)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H4398C8C83C894FBDB71C53262B760EC8">
<enum>
(7)
</enum>
<text>
in paragraph
(10)—
</text>
<subparagraph commented="no" id="H12DC5466D4494658886250C1008332EE">
<enum>
(A)
</enum>
<text>
in subparagraph
(B), by striking
<quote>
annual
</quote>
and all that follows through
<quote>
of
1998
</quote>
and inserting
<quote>
annual reporting of information, on eligible
individuals receiving the services, that is necessary to assess the State's
performance on those primary indicators of performance (described in section
136(b)(2)(A) of the Workforce Investment Act of 2012)
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="H657375920AF047BCB37C1E489D3606EB">
<enum>
(B)
</enum>
<text>
in subparagraph
(C)—
</text>
<clause commented="no" id="HADC1F71C3A754B07B81F818C6D732143">
<enum>
(i)
</enum>
<text>
in the matter
preceding clause (i), by inserting
<quote>
, from each individual State,
</quote>
after
<quote>
additional data
</quote>
;
</text>
</clause>
<clause commented="no" id="HB6F7BB0A6384498A9D7CBF21C239D6DB">
<enum>
(ii)
</enum>
<text>
in clause
(i)(II), by striking
<quote>
determined
</quote>
and all that follows and
inserting
<quote>
determined to be ineligible for vocational rehabilitation
services, and the reason for such determination of ineligibility (disaggregated
by type of disability, and age);
</quote>
;
</text>
</clause>
<clause commented="no" id="H2B4C368699634329B1BCFD1CBC42EFC8">
<enum>
(iii)
</enum>
<text>
in clause
(ii)—
</text>
<subclause commented="no" id="HA9BB3AA9E89941B89FADD014854714B0">
<enum>
(I)
</enum>
<text>
in subclause (I),
by striking
<quote>
(5)(D)
</quote>
and inserting
<quote>
(5)(E)
</quote>
;
</text>
</subclause>
<subclause commented="no" id="HAB299CAF70E642839E3AE4AC1E66DF34">
<enum>
(II)
</enum>
<text>
in subclause
(II), by striking
<quote>
and
</quote>
at the end; and
</text>
</subclause>
<subclause commented="no" id="H1A153E65E77C4701A91AA5A61D06D878">
<enum>
(III)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H6D824F49E8B047488BD0006CD0F6B14B" style="OLC">
<subclause commented="no" id="HEBBE9F25372D43009484BBCD2F2041ED">
<enum>
(IV)
</enum>
<text>
the total number
of individuals with ongoing open cases (disaggregated by individuals who are in
training settings, and individuals who are in postsecondary education), and the
services individuals described in this subclause are receiving;
</text>
</subclause>
<subclause commented="no" id="HD82667CD12F645BA9FD51D36DACB5F18">
<enum>
(V)
</enum>
<text>
the total number
of students with disabilities that are receiving pre-employment transition
services, and the total cost for providing those services for each full fiscal
year after the date of enactment of the Workforce Investment Act of
2012;
</text>
</subclause>
<subclause commented="no" id="HEE03D3EF2AC34D7492BB6A66F7BDBF46">
<enum>
(VI)
</enum>
<text>
the total number
of students with disabilities that are receiving transition services, and the
total cost for providing those services for each full fiscal year after the
date of enactment of the Workforce Investment Act of 2012;
</text>
</subclause>
<subclause commented="no" id="H0527881AFF81438AA14A91F82D400F7C">
<enum>
(VII)
</enum>
<text>
the number of
individuals referred to one-stop centers, as defined in section 134(c) of the
Workforce Investment Act of 1998; and
</text>
</subclause>
<subclause commented="no" id="H8BE4D63548DB42079E536876B6D43D14">
<enum>
(VIII)
</enum>
<text>
the number of
individuals referred from such one-stop centers to designated State units and
the outcomes of such
referrals;
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause commented="no" id="H6EE749B54CAB492080542253DFDCDF22">
<enum>
(iv)
</enum>
<text>
by striking all
of clause (iii) and inserting the following:
</text>
<quoted-block id="H166BBEF4D4B14280BE55F82FF56D50DA" style="OLC">
<clause commented="no" id="H069ADAF555364A46B10E1E487F2F0CD6">
<enum>
(iii)
</enum>
<text>
the number of
applicants and eligible recipients, including the numbers of individuals with
significant disabilities, who exited the program carried out under this title
and the number who achieved employment outcomes after receiving vocational
rehabilitation services, including—
</text>
<subclause commented="no" id="H332B6DEA41AA48ED84AE7204E35AF027">
<enum>
(I)
</enum>
<text>
the number of
youth with disabilities who—
</text>
<item commented="no" id="HC1A187CACBFC4BDA9AFE7EF1C100931F">
<enum>
(aa)
</enum>
<text>
entered
postsecondary education and the earnings of such youth who completed
postsecondary education, by academic fields;
</text>
</item>
<item commented="no" id="H757665DDD2B14CF7BDBE1CC1854AFEAD">
<enum>
(bb)
</enum>
<text>
attained academic
levels and job skills needed for employment, such as a high school diploma,
certificate, or other educational credential required for the employment
outcome specified in the individual’s individualized plan for
employment;
</text>
</item>
<item commented="no" id="HFE0FEF6BCC9447C387052DA7840C33F6">
<enum>
(cc)
</enum>
<text>
entered
postsecondary training or programs for apprenticeships registered under the Act
of August 16, 1937 (commonly known as the
<quote>
National Apprenticeship
Act
</quote>
; 50 Stat. 664, chapter 663;
<external-xref legal-doc="usc" parsable-cite="usc/29/50">
29 U.S.C. 50 et seq.
</external-xref>
); and
</text>
</item>
<item commented="no" id="HC4A02B9D86D540C8B69AABD41C2F4118">
<enum>
(dd)
</enum>
<text>
the number of
youth with disabilities who entered employment;
</text>
</item>
</subclause>
<subclause commented="no" id="H39C6269D555D4365929440BCC388D713">
<enum>
(II)
</enum>
<text>
for individuals
who obtained an employment outcome with wages—
</text>
<item commented="no" id="HD926EDB864CE43F3A24BCAEF5A5BF98C">
<enum>
(aa)
</enum>
<text>
the average
length of time for obtaining employment;
</text>
</item>
<item commented="no" id="H2821D7536B214A719BE64FEFB82D7D41">
<enum>
(bb)
</enum>
<text>
the average
earnings of individuals who obtained an employment outcome;
</text>
</item>
<item commented="no" id="HF185919BEDE94C4EB33AB5256F22A69E">
<enum>
(cc)
</enum>
<text>
the number who
earned the minimum wage rate specified in section 6(a)(1) of the Fair Labor
Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/206">
29 U.S.C. 206(a)(1)
</external-xref>
) or another wage level set by the
Commissioner, during such employment; and
</text>
</item>
<item commented="no" id="H62FED1DE4E7249E3B444DAF27BE4DF07">
<enum>
(dd)
</enum>
<text>
the number who
received employment benefits from an employer during such employment;
</text>
</item>
</subclause>
<subclause commented="no" id="HDD0485BE4B4B4076B5C151DD1DF02E9C">
<enum>
(III)
</enum>
<text>
a comparison,
among individuals who obtained employment, of the number of individuals who no
longer used public benefits; and
</text>
</subclause>
<subclause commented="no" id="HCCA5B76F84304E4CB12CE1E8E4CB69DF">
<enum>
(IV)
</enum>
<text>
for those
individuals who received supported employment services—
</text>
<item commented="no" id="HB554102397D44BADBDEFD1505F86CF22">
<enum>
(aa)
</enum>
<text>
the number of
individuals who were employed 6 months after receiving such services;
</text>
</item>
<item commented="no" id="H8D5F738F4C98493695F2462EDDECB472">
<enum>
(bb)
</enum>
<text>
the number of
individuals who were employed 12 months after receiving such services;
and
</text>
</item>
<item commented="no" id="HD15802805D004A9D961656643AC3536C">
<enum>
(cc)
</enum>
<text>
the number of
individuals who earned wages at not less than the minimum wage rate determined
under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) during their employment; and
</text>
</item>
</subclause>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
<clause commented="no" id="H58672806A375470FBCBA4EE3FB408FF7">
<enum>
(v)
</enum>
<text>
by striking clause
(iv) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5BAC2B05CB7F47F090F127A4652EFD8C" style="OLC">
<clause commented="no" id="H9C09AF39F4EE4ABD89496B7964DD3347">
<enum>
(iv)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H365BBAF2CB4647E3AF86370ED7ED49AD">
<enum>
(I)
</enum>
<text>
the transition from
school to postsecondary life, including employment, and achievement of the
postsecondary vocational goals, of students with disabilities served under the
program carried out under this title; and
</text>
</subclause>
<subclause commented="no" id="HF8D77E71E20240E5B3C5F5B5391631CB" indent="up1">
<enum>
(II)
</enum>
<text>
the provision of supported employment
services;
and
</text>
</subclause>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph commented="no" id="HAD489713212C40229726351A3054D696">
<enum>
(C)
</enum>
<text>
in subparagraph
(E)(ii), by striking
<quote>
of the State
</quote>
and all that follows and
inserting
<quote>
of the State in meeting the standards and indicators
established pursuant to section 106.
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H07E6E563403B433C8121A31E617DEB76">
<enum>
(D)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC985AC67D6734327A52056B17F734D56" style="OLC">
<subparagraph commented="no" id="HADD1E5D975394EEDB5A10587A67B55D2">
<enum>
(G)
</enum>
<header>
Rules for
reporting of data
</header>
<text>
The disaggregation of data under this section
shall not be required within a category if the number of participants in a
category is insufficient to yield statistically reliable information, or
required if the results would reveal personally identifiable information about
an individual participant.
</text>
</subparagraph>
<subparagraph commented="no" id="H1E4A65C185884B238DEBD766177CFFDD">
<enum>
(H)
</enum>
<header>
Comprehensive
report
</header>
<text>
The State plan shall specify that the Commissioner will
provide an annual comprehensive report that includes the reports and data
required under this section, as well as a summary of the reports and data, for
each fiscal year. The Commissioner shall submit the report to the Committee on
Education and the Workforce of the House of Representatives, the Committee on
Appropriations of the House of Representatives, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee on
Appropriations of the Senate, not later than 180 days after the end of the
fiscal year
involved.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H8C6663D99C6F4E7F85860F0FED0F8521">
<enum>
(8)
</enum>
<text>
in paragraph
(11)—
</text>
<subparagraph commented="no" id="H934A10F2B0FE4635A9AB2F7EC380B706">
<enum>
(A)
</enum>
<text>
in subparagraph
(A)(i)(II), by inserting
<quote>
(including programmatic accessibility and
physical accessibility)
</quote>
after
<quote>
program
accessibility
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="H86E2FB52126942F4A79BA83D9086DAFF">
<enum>
(B)
</enum>
<text>
in subparagraph
(C)—
</text>
<clause commented="no" id="H7C995BCF24CF46F49EBEC575DAEE5883">
<enum>
(i)
</enum>
<text>
by inserting
<quote>
the State programs carried out under section 4 of the Assistive
Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3003">
29 U.S.C. 3003
</external-xref>
),
</quote>
after
<quote>
including
</quote>
;
</text>
</clause>
<clause commented="no" id="H4DF9879BB2FB439DA9DC315BB7E175CF">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
noneducational agencies serving out-of-school youth,
</quote>
after
<quote>
Agriculture
</quote>
; and
</text>
</clause>
<clause commented="no" id="H34BB116C01244C90A56C62F006C3D2FC">
<enum>
(iii)
</enum>
<text>
by striking
<quote>
such agencies and programs
</quote>
and inserting
<quote>
such Federal,
State, and local agencies and programs
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="HCE8DA9672A2F4C1ABF26E1D2BEC55623">
<enum>
(C)
</enum>
<text>
in subparagraph
(D)—
</text>
<clause commented="no" id="H15A0957E19294E0E8F139664604BD13F">
<enum>
(i)
</enum>
<text>
in clause (ii), by
striking
<quote>
completion
</quote>
and inserting
<quote>
implementation
</quote>
;
</text>
</clause>
<clause commented="no" id="HC149080EB03D46899D2649DDDEED9F06">
<enum>
(ii)
</enum>
<text>
by redesignating
clauses (iii) and (iv) as clauses (iv) and (v), respectively; and
</text>
</clause>
<clause commented="no" id="H3EBC937E8EF54A7F887F5803017658D7">
<enum>
(iii)
</enum>
<text>
by inserting
after clause (ii) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA00400E65DC444238E14C05DE93C4D4A" style="OLC">
<clause commented="no" id="H62383700D3ED4C9E87BDAF363CEA252A">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
identifying options for additional
education and training, in order to facilitate the provision of services for
youth with disabilities, including transition services for students with
disabilities, such as services provided under section
114;
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph commented="no" id="H0237BB91FDDB45BE9C53C5FE4B6C290B">
<enum>
(D)
</enum>
<text>
by redesignating
subparagraphs (E) and (F) as subparagraphs (F) and (H), respectively;
</text>
</subparagraph>
<subparagraph commented="no" id="H6D58D3EBE55D42B5A74F95423AEE2267">
<enum>
(E)
</enum>
<text>
by inserting after
subparagraph (D) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H61FA1A27FBD141ABA8931E7071192129" style="OLC">
<subparagraph commented="no" id="HD5B06C3BFB654B9CB3B1DC58F3EFA87D">
<enum>
(E)
</enum>
<header>
Coordination
with employers
</header>
<text display-inline="yes-display-inline">
The State plan
shall contain plans, policies, and procedures for coordination between the
designated State units, State workforce investment boards, local workforce
investment boards, and employers that provide for building relationships with
employers and identifying community-based competitive integrated employment
opportunities and career exploration opportunities, in order to facilitate the
provision of transition services for youth with disabilities and students with
disabilities, such as services provided under section
114;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph commented="no" id="H2CC67C0BD93942A8B21E1B9B91520805">
<enum>
(F)
</enum>
<text>
in subparagraph
(F), as redesignated by subparagraph (E) of this paragraph—
</text>
<clause commented="no" id="HFAF89B837572406FBEDB93E488943AC5">
<enum>
(i)
</enum>
<text>
by inserting
<quote>
chapter 1 of
</quote>
after
<quote>
part C of
</quote>
; and
</text>
</clause>
<clause commented="no" id="H813BE903559449AEAB7E94CA8844C1B0">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
, as appropriate
</quote>
before the period;
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="HBC86837D81B149E69CC2C03A52C06B7F">
<enum>
(G)
</enum>
<text>
by inserting after
subparagraph (F), as redesignated by subparagraph (E) of this paragraph, the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H3F26EA4FCEF346E8B3F2C6A85F278F9D" style="OLC">
<subparagraph commented="no" id="H63A5FCADF9F241F6ADEEDF405422C4C4">
<enum>
(G)
</enum>
<header>
Cooperative
agreement regarding individuals eligible for home and community-based waiver
programs
</header>
<text>
The State plan shall include an assurance that the
designated State unit has entered into a formal cooperative agreement with the
State agency responsible for administering the State Medicaid plan under title
XIX of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1396">
42 U.S.C. 1396 et seq.
</external-xref>
) and the State
designated agency described in section 125(d) of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (
<external-xref legal-doc="usc" parsable-cite="usc/42/15025">
42 U.S.C. 15025
</external-xref>
) with respect to the
delivery of vocational rehabilitation services, including extended services,
for individuals with the most significant disabilities who have been determined
to be eligible for home- and community-based services under a Medicaid waiver,
Medicaid State plan amendment, or other authority related to a State Medicaid
program. The agreement shall describe strategies for collaboration and
coordination in providing vocational rehabilitation services to such
individuals receiving Medicaid home- and community-based services in a manner
consistent with the person-centered planning process required by
Medicaid.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph commented="no" id="H649723736A704A79BDC051C8F58F48C8">
<enum>
(H)
</enum>
<text>
in subparagraph
(H), as redesignated by subparagraph (E) of this paragraph—
</text>
<clause commented="no" id="H6F92CF7696E24C619847ED9477DB45C8">
<enum>
(i)
</enum>
<text>
in clause
(ii)—
</text>
<subclause commented="no" id="HE331DD4D7ABB4627956750547BFDB536">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
on or
</quote>
before
<quote>
near
</quote>
; and
</text>
</subclause>
<subclause commented="no" id="H546E60BD77484EA998F5A40F4996BBE7">
<enum>
(II)
</enum>
<text>
by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
</clause>
<clause commented="no" id="H65A40AF6EFD14DBBBAD229C8D5887AED">
<enum>
(ii)
</enum>
<text>
by redesignating
clause (iii) as clause (iv); and
</text>
</clause>
<clause commented="no" id="H79D7143617F2409CA9B7DF2C5AC03F6E">
<enum>
(iii)
</enum>
<text>
by inserting
after clause (ii) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H77B637AEC01D420EABE107335A06AD9C" style="OLC">
<clause commented="no" id="HE2D99BE78D034FA8A63AD03BD9AFEF1C">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
strategies for the provision of transition
planning, by personnel of the designated State unit, the State educational
agency, and the recipient of funds under part C, that will facilitate the
development and implementation of the individualized education programs under
section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C.
1414(d)) and, as appropriate, the development and completion of the
individualized plans for employment under section 102, in order to enable
students with disabilities to achieve employment
outcomes;
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph commented="no" id="H7F08A73F8DB848A5A5C7F64E7D4F0595">
<enum>
(I)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA3CDE48C6D1C4215B4D6AD9AF320342C" style="OLC">
<subparagraph commented="no" id="HED29886B22FF4126B3E9C0B18C780DED">
<enum>
(I)
</enum>
<header>
Coordination
with assistive technology programs
</header>
<text>
The State plan shall include
an assurance that the designated State unit, and the lead agency and
implementing entity (if any) designated by the Governor of the State under
section 4 of the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3003">
29 U.S.C. 3003
</external-xref>
), have
developed working relationships and will enter into agreements for the
coordination of their activities, including the referral of individuals with
disabilities to programs and activities described in that section.
</text>
</subparagraph>
<subparagraph commented="no" id="HEE36C7D232614A3F946FC79C6E5FBD9F">
<enum>
(J)
</enum>
<header>
Coordination
with ticket to work and self-sufficiency program
</header>
<text>
The State plan
shall include an assurance that the designated State unit will coordinate
activities with any other State agency that is functioning as an employment
network under the Ticket to Work and Self-Sufficiency Program established under
section 1148 of the Social Security Act (42 U.S.C.
1320b–19).
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HD58448E4592C4AE6A2B33CCF145B2D5C">
<enum>
(9)
</enum>
<text>
in paragraph
(14)—
</text>
<subparagraph commented="no" id="HD4E80234DAE943B18E50E3D9894FCE92">
<enum>
(A)
</enum>
<text>
in the paragraph
header, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Annual
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
Semiannual
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="HCC7F2D4BAD8346D9A0CF09949FBEB7AF">
<enum>
(B)
</enum>
<text>
in subparagraph
(A)—
</text>
<clause commented="no" id="H6AA4703A9F364909902D5D046836D9FC">
<enum>
(i)
</enum>
<text>
by striking
<quote>
annual
</quote>
and inserting
<quote>
semiannual
</quote>
;
</text>
</clause>
<clause commented="no" id="H82E7A5BBE1654096A5AC2F6ED75126B2">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
(and thereafter
</quote>
and all that follows through
<quote>
representative)
</quote>
and inserting
<quote>
, and annually
thereafter
</quote>
; and
</text>
</clause>
<clause commented="no" id="HF115B9BDE7924037B6E0DE5EBA56295C">
<enum>
(iii)
</enum>
<text>
by striking
<quote>
to competitive
</quote>
and all that follows and inserting the following:
<quote>
to competitive integrated employment or training for competitive
integrated employment;
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H1BCBAC80BDBF4194A74E86301C9B8067">
<enum>
(C)
</enum>
<text>
in subparagraph
(B), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph commented="no" id="H3AE28D2A945149CDAD44B93C97B007D7">
<enum>
(D)
</enum>
<text>
in subparagraph
(C), by striking
<quote>
the individuals described
</quote>
and all that follows
and inserting
<quote>
individuals in attaining competitive integrated
employment; and
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="HA1E5FDB7EAE74A9A923BEA314E44CCD2">
<enum>
(E)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD9FCA7A7B8264A9283FF346955D99028" style="OLC">
<subparagraph commented="no" id="HD53EA7981AED44808292E98D27D99AC0">
<enum>
(D)
</enum>
<text>
an assurance that
the State will report the information generated under subparagraphs (A), (B),
and (C), for each of the individuals, to the Administrator of the Wage and Hour
Division of the Department of Labor for each fiscal year, not later than 60
days after the end of the fiscal year.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HB236F48DBED7460DB2B06B736C098425">
<enum>
(10)
</enum>
<text>
in paragraph
(15)—
</text>
<subparagraph commented="no" id="H7FF41EF9328C488DA222AC7C88E7FD40">
<enum>
(A)
</enum>
<text>
in subparagraph
(A)—
</text>
<clause commented="no" id="H6A0B0908065549739EC9BA4894D60202">
<enum>
(i)
</enum>
<text>
in clause
(i)—
</text>
<subclause commented="no" id="HB567761FA08C4375B78F783BC10C91B3">
<enum>
(I)
</enum>
<text>
in subclause (II),
by striking
<quote>
and
</quote>
at the end; and
</text>
</subclause>
<subclause commented="no" id="HAAEE05CB3D4448B09C7DEA3941FEC0B2">
<enum>
(II)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5C4A7B12C6D54659921F98A14D185149" style="OLC">
<subclause commented="no" id="HD1FC58A15CAF4E07AE6B440194B84DC1">
<enum>
(IV)
</enum>
<text>
individuals with
disabilities receiving Medicaid home- and community-based waiver habilitation
services (reference), including pre-vocational and supported employment
services; and
</text>
</subclause>
<subclause commented="no" id="HC181202089214BD6B77010646EF734B1">
<enum>
(V)
</enum>
<text>
youth with
disabilities, and students with disabilities, including their need for
pre-employment transition services described in section 114 or other transition
services; and
</text>
</subclause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause commented="no" id="H8C9FFFC3CC904F49856C8FAD0477D541">
<enum>
(ii)
</enum>
<text>
by striking
clauses (ii) and (iii) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H89313B2ADBA94C748F920A14E5EA672B" style="OLC">
<clause commented="no" id="H6E259CF016394ADD8728AC347418A9C4">
<enum>
(ii)
</enum>
<text>
include an
assessment of the needs of individuals with disabilities for transition
services and pre-employment transition services provided under this Act, and
coordinated with transition services provided under the Individuals with
Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1400">
20 U.S.C. 1400 et seq.
</external-xref>
), and an assessment as to
whether the transition and pre-employment transition services provided under
those Acts meet the needs of individuals with
disabilities.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph commented="no" id="H78D3F05F496E4089A097543A17EF08D2">
<enum>
(B)
</enum>
<text>
in subparagraph
(B)—
</text>
<clause commented="no" id="H4470963F3CAC454D980710CA86C63724">
<enum>
(i)
</enum>
<text>
by redesignating
clause (iii) as clause (iv); and
</text>
</clause>
<clause commented="no" id="H76C8B908968E4411A009005F36ED110A">
<enum>
(ii)
</enum>
<text>
by inserting
after clause (ii) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF48F502AE84C4904B953ED0407A7C772" style="OLC">
<clause commented="no" id="H9C4C2D07DFF84DFB8357BD0F7E1122A8">
<enum>
(iii)
</enum>
<text>
the number of
individuals who are eligible for services under this title, but are not
receiving such services due to an order of selection;
and
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph commented="no" id="HA18DD2F760B941ADA6C5D73B50B32811">
<enum>
(C)
</enum>
<text>
in subparagraph
(D)—
</text>
<clause commented="no" id="H4B701A2E0EAD460C94B522F8456DBBEA">
<enum>
(i)
</enum>
<text>
by redesignating
clauses (iii) through (v) as clauses (iv) through (vi); and
</text>
</clause>
<clause commented="no" id="HD6D5E7A1D0794FFD95287277BE93BAA8">
<enum>
(ii)
</enum>
<text>
by inserting
after clause (ii) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3FAFCDAC3E1944A2ADD0C437084C4A36" style="OLC">
<clause commented="no" id="H00790158BF174C18A95976BE55931E2A">
<enum>
(iii)
</enum>
<text>
the methods to
be used to improve and expand vocational rehabilitation services for students
with disabilities, including the coordination of services designed to
facilitate the transition of such students from the receipt of educational
services in school to postsecondary life (including the receipt of vocational
rehabilitation services under this title, postsecondary education, employment,
and pre-employment transition services under section
114);
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H673E301A62F64AE4AF15B3A35460FBC8">
<enum>
(11)
</enum>
<text>
in paragraph
(20)—
</text>
<subparagraph commented="no" id="H3DC58EA064D7464289FBEAD7A3884A4F">
<enum>
(A)
</enum>
<text>
by redesignating
subparagraph (B) as subparagraph (C); and
</text>
</subparagraph>
<subparagraph commented="no" id="H65394E9ADEF84173AFCD2528EC54FBDD">
<enum>
(B)
</enum>
<text>
by inserting after
subparagraph (A) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD642002E3C9846679B16DE1604307BF1" style="OLC">
<subparagraph commented="no" id="H33A9D5EED42F4ED8BB38CE2D87592D5D">
<enum>
(B)
</enum>
<header>
Information on
assistance for beneficiaries of assistance under title II or XVI of the Social
Security Act
</header>
<text>
The State plan shall include an assurance that the
designated State unit will make available, to individuals entitled to benefits
under title II or XVI of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/401">
42 U.S.C. 401 et seq.
</external-xref>
, 1381
et seq.) on the basis of a disability or blindness—
</text>
<clause commented="no" id="H51BDB8C685C84D8DB13807253AB38512">
<enum>
(i)
</enum>
<text>
information on the
availability of benefits and medical assistance authorized under the State
Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) or under the Medicare program under title XVIII of the Social Security
Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1395">
42 U.S.C. 1395 et seq.
</external-xref>
), and medical assistance authorized under other
federally funded programs;
</text>
</clause>
<clause commented="no" id="HE2A1DBC0B44F4DB3B2171F7D69A46FE1">
<enum>
(ii)
</enum>
<text>
information on
the availability of assistance through benefits planning and assistance
programs authorized under section 1149 of the Social Security Act (42 U.S.C.
1320b–20) and services provided by the State protection and advocacy system and
authorized under section 1150 of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1320b-21">
42 U.S.C. 1320b–21
</external-xref>
);
and
</text>
</clause>
<clause commented="no" id="H46103B97E2BE4932949D07F4ECDE9254">
<enum>
(iii)
</enum>
<text>
in the case of
individuals who are also eligible for a ticket under the Ticket to Work and
Self-Sufficiency Program established under section 1148 of the Social Security
Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1320b-19">
42 U.S.C. 1320b–19
</external-xref>
), general information regarding the options for using
the ticket and information on how to contact a program manager of the Ticket to
Work and Self-Sufficiency Program to obtain information on approved employment
networks, on providers for the benefits planning and assistance programs
described in clause (ii) in the State, and on the services provided by the
State protection and advocacy system and described in clause
(ii).
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HB0C6F40D6D3B45FE9288A9F649C70676">
<enum>
(12)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H490B50FCC6464C399D940F11FD00C7F8" style="OLC">
<paragraph commented="no" id="HCCD0F63DFF0240A98DF9171254B3002A">
<enum>
(25)
</enum>
<header>
Services for
students with disabilities
</header>
<text>
The State plan shall provide an
assurance satisfactory to the Secretary that, with respect to students with
disabilities, the State—
</text>
<subparagraph commented="no" id="H71EF2C5E2B7D4987BF389E79CF9661C3">
<enum>
(A)
</enum>
<text>
has developed and
will implement—
</text>
<clause commented="no" id="H62FED31865EF456384590E46BF1B84DE">
<enum>
(i)
</enum>
<text>
strategies to
address the needs identified in the assessments described in paragraph (15);
and
</text>
</clause>
<clause commented="no" id="HB34A419BB7854CF6B9F74A4865239819">
<enum>
(ii)
</enum>
<text>
strategies to
achieve the goals and priorities identified by the State, in accordance with
paragraph (15), to improve and expand vocational rehabilitation services for
students with disabilities on a statewide basis; and
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H44B17A68AA634B0A8C1E2B82268EA95E">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
has developed and will implement a plan to
carry out the provision of pre-employment transition services in accordance
with section 114.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H9FE8E93169EC473287580AD26118E683">
<enum>
(26)
</enum>
<header>
Job growth and
development
</header>
<text display-inline="yes-display-inline">
The State plan
shall provide an assurance describing how the State will utilize initiatives
involving in-demand industry sectors or occupations as defined in section 101
of the Workforce Investment Act of 2012 to increase competitive integrated
employment opportunities for individuals with
disabilities.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" id="H016D2DDA493E45B58A211E9B510FE2F4">
<enum>
(b)
</enum>
<header>
Approval
</header>
<text>
Section
101(b) (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(b)
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H5043F055276F41B1944F4A6D394394C9" style="OLC">
<subsection commented="no" id="H0B2DE2D7D0D941AFA6DF7CA6CE48E1E3">
<enum>
(b)
</enum>
<header>
Submission;
approval; modification
</header>
<text>
The State plan for vocational
rehabilitation services shall be subject to—
</text>
<paragraph commented="no" id="H88F33C306E3D427FB88297E252D1D8B8">
<enum>
(1)
</enum>
<text>
section 112 of the
Workforce Investment Act of 1998, in a case in which that plan is a portion of
the State plan described in that section 112; and
</text>
</paragraph>
<paragraph commented="no" id="H03F51B04CE34482EA5833D792E8DF1E6">
<enum>
(2)
</enum>
<text>
section 113 of
such Act in a case in which that State plan for vocational rehabilitation
services is a portion of the State unified plan described in that section
113.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection commented="no" id="H4BC024716CB943DE817B60CFD2352E20">
<enum>
(c)
</enum>
<header>
Construction
</header>
<text display-inline="yes-display-inline">
Section 101 (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721
</external-xref>
) is amended by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3AAA4117A5204BDD93B6D6688A36930D" style="OLC">
<subsection commented="no" display-inline="no-display-inline" id="H539EEA58517F422CA82291C01ACDDD1C">
<enum>
(c)
</enum>
<header display-inline="yes-display-inline">
Construction
</header>
<text display-inline="yes-display-inline">
Nothing in this part shall be construed to
reduce the obligation of a local educational agency or any other agency to
provide or pay for any transition services that are allowable under the
programs of the respective
agencies.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H3E85F7605B4D4DBB837E0BB1BB471D68">
<enum>
413.
</enum>
<header>
Eligibility and
individualized plan for employment
</header>
<subsection id="H5EE2594D2E7D42E29CC4A45382672DF4">
<enum>
(a)
</enum>
<header>
Eligibility
</header>
<text>
Section
102(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/722">
29 U.S.C. 722(a)
</external-xref>
) is amended—
</text>
<paragraph id="H11239C2A32E44BDDB81EF88C7168D2BC">
<enum>
(1)
</enum>
<text>
in paragraph
(2)—
</text>
<subparagraph id="HBCB2934D6B72413AAF221986B4C99640">
<enum>
(A)
</enum>
<text>
in subparagraph
(A)—
</text>
<clause id="HC53119107C7046FEBE227733715E9EF9">
<enum>
(i)
</enum>
<text>
in
the subparagraph header, by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
Demonstration
</header-in-text>
</quote>
and
inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
Applicants
</header-in-text>
</quote>
; and
</text>
</clause>
<clause id="H18F5F83FBBB6436BA0355EF879514D4B">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
, unless
</quote>
and all that follows and inserting a period;
and
</text>
</clause>
</subparagraph>
<subparagraph id="H37EE54DC00524FE0BED4AE993A13628B">
<enum>
(B)
</enum>
<text>
in subparagraph
(B)—
</text>
<clause id="H29B46A2E2A904895A83BDD9481BBD8F3">
<enum>
(i)
</enum>
<text>
in
the subparagraph header, by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
Methods
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
Responsibilities
</header-in-text>
</quote>
;
</text>
</clause>
<clause id="H60F205A8E0BD46F8B9F87432EE2A766B">
<enum>
(ii)
</enum>
<text>
in
the first sentence—
</text>
<subclause id="H786614050A18475CAC39518FE558AD3A">
<enum>
(I)
</enum>
<text>
by striking
<quote>
In making the demonstration required under subparagraph (A),
</quote>
and
inserting
<quote>
Prior to determining under this subsection that an applicant
described in subparagraph (A) is unable to benefit due to the severity of the
individual's disability or that the individual is ineligible for vocational
rehabilitation services,
</quote>
; and
</text>
</subclause>
<subclause id="H642ADBBE8FA44651B4AAC240ABBA1D08">
<enum>
(II)
</enum>
<text>
by striking
<quote>
, except under
</quote>
and all that follows and inserting a period;
and
</text>
</subclause>
</clause>
<clause id="H13AB483C8C11434AB9B6C34C33F76F14">
<enum>
(iii)
</enum>
<text>
in
the second sentence, by striking
<quote>
individual or to determine
</quote>
and
all that follows and inserting
<quote>
individual. In providing the trial
experiences, the designated State unit shall provide the individual with the
opportunity to try different employment experiences, including supported
employment, and the opportunity to become employed in competitive integrated
employment.
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H9DD7AA3ABCB949D3886036CD01F820DF">
<enum>
(2)
</enum>
<text>
in paragraph
(3)(A)(ii), by striking
<quote>
outcome from
</quote>
and all that follows and
inserting
<quote>
outcome, including supported employment, from vocational
rehabilitation services due to the current (as of the date of the
determination) severity of the disability of the individual.
</quote>
;
</text>
</paragraph>
<paragraph id="H05F14D73FB7F497EBD89A73426DD55D7">
<enum>
(3)
</enum>
<text>
in paragraph
(5)—
</text>
<subparagraph id="H0B7AE1731B464008AA7F5D32C10D5794">
<enum>
(A)
</enum>
<text>
in the matter
preceding subparagraph (A)—
</text>
<clause id="H5FD62AC9358D42AFB639D27E8EB607DE">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
If an individual
</quote>
and inserting
<quote>
If, after the
designated State unit carries out the activities described in paragraph (2)(B),
a review of existing data, and, to the extent necessary, the assessment
activities described in section 7(2)(A)(ii), an individual
</quote>
; and
</text>
</clause>
<clause id="H9F9524F3771E4DFC84AA578CD3C3709E">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
is determined
</quote>
and all that follows through
<quote>
not
to be
</quote>
and inserting
<quote>
is determined not to be
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HC1D13475B9534D44A5719AFDAFD1B701">
<enum>
(B)
</enum>
<text>
by redesignating
subparagraphs (A) through (D) as subparagraphs (B) through (E),
respectively;
</text>
</subparagraph>
<subparagraph id="H4E7FE467A4AA46EF890B1A8177E0B5C3">
<enum>
(C)
</enum>
<text>
by inserting
before subparagraph (B) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB9A529F4CAC24C32B80D1F8DD8EB19A9" style="OLC">
<subparagraph id="H154F984EC3C2482B8B782E5D3B4DE3ED">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the ineligibility determination shall be an
individualized one, based on the available data, and shall not be based on
disability category;
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H73F11D980D3540DF973EE853B266C122">
<enum>
(D)
</enum>
<text>
in clause (i) of
subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by
inserting after
<quote>
determination
</quote>
the following:
<quote>
, including
clear and convincing evidence that forms the basis for the determination of
ineligibility
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H0E99CC4030B44E70B782331A83DBA92B">
<enum>
(4)
</enum>
<text>
in paragraph (6),
by striking
<quote>
60 days
</quote>
each place it appears and inserting
<quote>
45 days
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H4DDD1F7C66F2452E9010DABC1C78210C">
<enum>
(b)
</enum>
<header>
Development of
an individualized plan for employment, and related
information
</header>
<text>
Section 102(b) (
<external-xref legal-doc="usc" parsable-cite="usc/29/722">
29 U.S.C. 722(b)
</external-xref>
)—
</text>
<paragraph id="H814E8EEBF59B4C12BFB4E8FACCC559F9">
<enum>
(1)
</enum>
<text>
in paragraph
(1)—
</text>
<subparagraph id="H251CEFAF3B4F4E4F97A5AF7B7AEDD846">
<enum>
(A)
</enum>
<text>
by redesignating
subparagraphs (B), (C), and (D) as subparagraphs (C), and (D), and (E),
respectively; and
</text>
</subparagraph>
<subparagraph id="H99B4C2FA0CB140818AD9B1A57A67EB8D">
<enum>
(B)
</enum>
<text>
by inserting after
subparagraph (A) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6E18B114BCD5434DA16300317EB77E5B" style="OLC">
<subparagraph id="HA19ADF5A66194B76914B6C445AF4FEA6">
<enum>
(B)
</enum>
<text>
information on the
availability of assistance from consumer organizations, as defined in section
106(a)(4) (including a listing of such organizations) that can assist an
individual in the development of an individualized plan for
employment;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HD6261E7DE24F482A8516CA0C869AD131">
<enum>
(2)
</enum>
<text>
in paragraph (3),
as redesignated by paragraph (2) of this subsection—
</text>
<subparagraph id="H89E67D61BF6548ADA028643941372187">
<enum>
(A)
</enum>
<text>
in subparagraph
(E)—
</text>
<clause id="HE041A4BED8D6479092ECEA7C3AB6796C">
<enum>
(i)
</enum>
<text>
in
clause (i), by striking
<quote>
and
</quote>
at the end;
</text>
</clause>
<clause id="H372D68500DE243709BD3422E63E16433">
<enum>
(ii)
</enum>
<text>
in
clause (ii), by striking the period and inserting
<quote>
; and
</quote>
;
and
</text>
</clause>
<clause id="HB3BA4FEBB4A846C180406A99D86CD754">
<enum>
(iii)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H41F4FFA0B4EB422BA9A11626BFE53E64" style="OLC">
<clause id="HCC23935CC08A4A11AC674ED6EF64F755">
<enum>
(iii)
</enum>
<text>
amended, as
necessary, to include the post-employment services and service providers that
are necessary for the individual to maintain or regain employment, consistent
with the individual's strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed
choice.
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H3EF7E719F9BA4FC39F00B81DDF9D9594">
<enum>
(B)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB4A8BD71CC584EBD9820145A81F18DA2" style="OLC">
<subparagraph id="HDF51C716FE96410F84BF1AFBCE131D4A">
<enum>
(F)
</enum>
<header>
Timeframe for
completing the individualized plan for employment
</header>
<text>
The
individualized plan for employment shall be developed as soon as possible, but
not later than a deadline of 90 days after the date of the determination of
eligibility described in paragraph (1), unless the designated State unit and
the eligible individual agree to an extension of that deadline to a specific
date by which the individualized plan for employment shall be completed.
</text>
</subparagraph>
<subparagraph id="H59AA7E3D2D764EFA8C25AD98034B8A92">
<enum>
(G)
</enum>
<header>
Failure to
develop the individualized plan for employment within the specified
timeframe
</header>
<text>
In the event the individualized plan for employment is
not completed by the deadline or extended deadline, as appropriate, under
subparagraph (F), the eligible individual shall have the right to request both
mediation and an impartial due process hearing according to the procedures
described in subsection (c). At such hearing, the hearing officer shall have
the authority to order the designated State unit to complete the individualized
plan for employment within a specific period of time, not to exceed 60 days
from the date of the decision, in addition to any other authority given to the
officer under this section.
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H429CB97FA5964D7DAAE01970B92F4160">
<enum>
(3)
</enum>
<text>
in paragraph
(3)—
</text>
<subparagraph id="H512031CD503D4727AF48B8718214D225">
<enum>
(A)
</enum>
<text>
in subparagraph
(A), by striking
<quote>
choice of the
</quote>
and all that follows and
inserting
<quote>
choice of the eligible individual, consistent with the
employment outcome of competitive integrated employment (except that in the
case of an eligible individual who is a student, the description may be a
description of the student's projected employment outcome);
</quote>
;
</text>
</subparagraph>
<subparagraph id="H25AF3816E71A4294945F6089FF9F72A5">
<enum>
(B)
</enum>
<text>
in subparagraph
(B)(i)—
</text>
<clause id="H2048C1AD4B614CFC98BEEC5C2ED89A9E">
<enum>
(i)
</enum>
<text>
by
redesignating subclause (II) as subclause (III); and
</text>
</clause>
<clause id="H6C61F0A49FFE4426A18EFD311F5B8E44">
<enum>
(ii)
</enum>
<text>
by
striking subclause (I) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H909D205B6ADD4510A497766E91403D38" style="OLC">
<subclause id="H6EC521120EC540E09310DCC039FAE3B0" indent="up1">
<enum>
(I)
</enum>
<text>
needed to achieve the employment outcome,
including, as appropriate—
</text>
<item id="HA1353A57361B4F7EBEE48FF4553450F2">
<enum>
(aa)
</enum>
<text>
the provision of assistive technology
devices and assistive technology services (including referrals described in
section 103(a)(3) to the device reutilization programs and demonstrations
described in subparagraphs (B) and (D) of section 4(e)(2) of the Assistive
Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3003">
29 U.S.C. 3003(e)(2)
</external-xref>
)) through agreements developed
under section 101(a)(11)(H); and
</text>
</item>
<item id="HE71E0AA264B143D1B83983AFD934A441">
<enum>
(bb)
</enum>
<text>
personal assistance services
(including training in the management of such services);
</text>
</item>
</subclause>
<subclause id="H058933C393E54FA181D18FF8F1704E21" indent="up1">
<enum>
(II)
</enum>
<text>
in the case of a plan for an eligible
individual that is a student, the specific transition services and supports
(including work experience, mentoring activities, and supported employment)
needed to achieve the student's employment outcome or projected employment
outcome; and
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H4A35D9569C524AD28B9506AD7773BB5E">
<enum>
(C)
</enum>
<text>
in subparagraph
(F), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="HB02A0FC8AFF548B0B5531539C398C793">
<enum>
(D)
</enum>
<text>
in subparagraph
(G), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H74FB37E2EE1646DAB4DF5E6B97BB278C">
<enum>
(E)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB0E43915E247429095FC88CCB28E901D" style="OLC">
<subparagraph id="H3DE4B4D0E68B498ABA062317F35DD205">
<enum>
(H)
</enum>
<text display-inline="yes-display-inline">
for an individual who also is receiving
assistance from an employment network under the Ticket to Work and
Self-Sufficiency Program established under section 1148 of the Social Security
Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1320b-19">
42 U.S.C. 1320b–19
</external-xref>
), a list of the services that are listed in the
individual work plan that the individual developed with the employment network
under subsection (g) of that section, and a description of how responsibility
for service delivery will be divided between the employment network and the
designated State unit in accordance with the agreement between the two parties
required under the Ticket to Work and Self-Sufficiency
Program.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H6A0D66A53D0844AE95BF21CF0E8D1CC2">
<enum>
(c)
</enum>
<header>
Procedures
</header>
<text>
Section
102(c) (
<external-xref legal-doc="usc" parsable-cite="usc/29/722">
29 U.S.C. 722(c)
</external-xref>
) is amended—
</text>
<paragraph id="H6471B3545F3842B2B7B8D365D53DC8AF">
<enum>
(1)
</enum>
<text>
in paragraph (1),
by adding at the end the following:
<quote>
These procedures also shall allow
for the review of any delay in the vocational rehabilitation
process.
</quote>
;
</text>
</paragraph>
<paragraph id="HA28420E44F2E4181A4E9E7E18FD32CE6">
<enum>
(2)
</enum>
<text>
in paragraph
(2)—
</text>
<subparagraph id="HE4D51C0777744258AE2E6B245942256D">
<enum>
(A)
</enum>
<text>
in subparagraph
(A)—
</text>
<clause id="HE8289E626EEB46F592121DA09E55A635">
<enum>
(i)
</enum>
<text>
in
clause (ii), by striking
<quote>
and
</quote>
at the end;
</text>
</clause>
<clause id="H23FD36C4BE7F46F093CE110F3B14DDC4">
<enum>
(ii)
</enum>
<text>
in
clause (iii), by striking the period and inserting
<quote>
; and
</quote>
;
and
</text>
</clause>
<clause id="HC50B7044E3A544E2A2E0F73DBB0AA9BF">
<enum>
(iii)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HBE6D3FBCFF264717AF81F7D991BD2C7F" style="OLC">
<clause id="HF0B8012C033B45EDB25E8755C8AD0D4A">
<enum>
(iv)
</enum>
<text>
any applicable
State limit on the time by which a request for mediation under paragraph (4) or
a hearing under paragraph (5) shall be made, and any required procedure by
which the request shall be made.
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HEFEB027849BA4241AC31D614DAB1447E">
<enum>
(B)
</enum>
<text>
in subparagraph
(B)(iii), by inserting
<quote>
the denial,
</quote>
before
<quote>
reduction,
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H390E94D95D3E45C389952F2B75D48D3E">
<enum>
(3)
</enum>
<text>
in paragraph
(5)—
</text>
<subparagraph id="HD86E363827354FAABC7FBED5EB6DF213">
<enum>
(A)
</enum>
<text>
by striking
subparagraph (A) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H15460591C3B34726827279FEB6687F12" style="OLC">
<subparagraph id="H453BBBBB25D04A5E97B403D2D8FF1FD3">
<enum>
(A)
</enum>
<header>
Officer
</header>
<text>
A
due process hearing described in paragraph (2) shall be conducted by an
impartial hearing officer who, on reviewing all the evidence presented, shall
issue a written decision based on the provisions of the approved State plan,
requirements specified in this Act (including regulations implementing this
Act), and State regulations and policies that are consistent with the Federal
requirements specified in this title. The officer shall provide the written
decision to the applicant or eligible individual, or, as appropriate, the
applicant’s representative or individual’s representative, and to the
designated State unit. The impartial hearing officer shall have the authority
to render a decision and require actions, consistent with the requirements
specified in this title (including regulations implementing this title),
regarding all aspects of the applicant's or eligible individual's vocational
rehabilitation services under this
title.
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H0945850F5AED47E59905CD0655CE91FB">
<enum>
(B)
</enum>
<text>
in subparagraph
(B), by striking
<quote>
in laws (including regulations)
</quote>
and inserting
<quote>
about Federal and State laws (including regulations) and the approved
State plan
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H8B4F99485AB34769A1F3D5D8D53B4CFF">
<enum>
414.
</enum>
<header>
Vocational
rehabilitation services
</header>
<text display-inline="no-display-inline">
Section 103 (
<external-xref legal-doc="usc" parsable-cite="usc/29/723">
29 U.S.C. 723
</external-xref>
) is
amended—
</text>
<paragraph id="H697FBC76C2D049D2ABBBAB1FA7EDAF4F">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (a)—
</text>
<subparagraph id="H143E0371A4AF4A83B602B1113A4E8B2E">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking paragraph (15) and inserting
the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4C55AA729243433AB5B5494A0DE9AE49" style="OLC">
<paragraph commented="no" display-inline="no-display-inline" id="HD840B6C9AABE4752AB6AABBD7BE10C4B">
<enum>
(15)
</enum>
<text display-inline="yes-display-inline">
transition services for students with
disabilities, that facilitate the transition from school to postsecondary life,
such as achievement of an employment outcome in competitive integrated
employment, or pre-employment transition services described in section
114;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H9AE4FDC932874AFFA2DD19AAC913DB7F">
<enum>
(B)
</enum>
<text>
by redesignating
paragraphs (17) and (18) as paragraphs (18) and (19), respectively;
</text>
</subparagraph>
<subparagraph id="H2DC638439A8D49F1B7637481272B2A05">
<enum>
(C)
</enum>
<text>
by inserting after
paragraph (16) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H44E75275B0D24C69B0A6F9FFC19A2F6B" style="OLC">
<paragraph id="H4888F83E051F4DB189B9DC81C4AC0D5D">
<enum>
(17)
</enum>
<text display-inline="yes-display-inline">
customized employment
services;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HD831ACB9FE254F7EB44DD0C2E41E7DB3">
<enum>
(D)
</enum>
<text>
in paragraph (18),
as redesignated by subparagraph (C) of this paragraph, by striking the
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="HAF7BB7C32DB64C919A59642F36DF4E6B">
<enum>
(E)
</enum>
<text>
in paragraph (19),
as redesignated by subparagraph (C) of this paragraph, by striking the period
and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HF54CEA37EF404DF0A5CEFFC4E9355617">
<enum>
(F)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HEA55F41D5C964E8B8AFD2D6BA31B9855" style="OLC">
<paragraph id="H13A50A50CF4C45ED98DD6A44C3913AB0">
<enum>
(20)
</enum>
<text>
mentoring
services.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H6570142121AC46AE98E01838FDBFC5D4">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H140BA38F0A804E3AAB916C07A6BD5AC7">
<enum>
(A)
</enum>
<text>
in paragraph
(2)(A), by striking the second sentence and inserting
<quote>
Such programs
shall be used to provide services that promote integration into the community
and that result in competitive integrated employment, including supported
employment and customized employment.
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H8D1CD49F66604D9FBD18E5065D898C9C">
<enum>
(B)
</enum>
<text>
by striking
paragraph (6) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5F5053DA140040ADADFE8204DF65092D" style="OLC">
<paragraph id="HC4C4FBB3FF954DECB237788F4A0A3329">
<enum>
(6)
</enum>
<text>
Consultation and
technical assistance services to assist State educational agencies and local
educational agencies in planning for the transition of students with
disabilities from school to postsecondary life, including
employment.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section id="HC6A4F41446F34992BD40AFBDB7543F50">
<enum>
415.
</enum>
<header>
State
Rehabilitation Council
</header>
<text display-inline="no-display-inline">
Section
105 (
<external-xref legal-doc="usc" parsable-cite="usc/29/725">
29 U.S.C. 725
</external-xref>
) is amended—
</text>
<paragraph id="H9C8D944C5CBD4C5A83EBA8BA78670450">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (b)(1)—
</text>
<subparagraph id="H400775B747CC405CAAC451C547E64C86">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (A)—
</text>
<clause id="H023E9318F1FC4EDD995DFA6F43189566">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
by striking clause (ix) and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HAAEC098C8944474A8D9253EE87E3B1AC" style="OLC">
<clause commented="no" id="H5F17297602D947C8B2F52D6C235066CE">
<enum>
(ix)
</enum>
<text>
in a State in
which one or more projects are funded under section 121 and in which such
services are provided through those projects, at least one representative of
the directors of the projects located in such
State;
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H5618B79CAF18494797A45B44073BAFDB">
<enum>
(ii)
</enum>
<text>
in
clause (x), by striking
<quote>
and
</quote>
at the end;
</text>
</clause>
<clause id="H6399CA2A3091498B8E34CA58723B3082">
<enum>
(iii)
</enum>
<text>
in
clause (xi), by striking the period and inserting
<quote>
; and
</quote>
;
and
</text>
</clause>
<clause id="H47B7847BAA5A4A7DBF080721F4389AAD">
<enum>
(iv)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB80799943AC94B9898412D69A6948416" style="OLC">
<clause id="H171AF67BB3D44DB2AAD67DE02DFDB9C2">
<enum>
(xii)
</enum>
<text>
the director of
the State's comprehensive statewide program of technology-related assistance
funded under section 4 of the Assistive Technology Act of 1998 (29 U.S.C.
3003).
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H044CE76949E047B989C5949C37500DE3">
<enum>
(B)
</enum>
<text>
in subparagraph
(B)—
</text>
<clause id="HC70DE4D7D1EC43588A05929A227F42C7">
<enum>
(i)
</enum>
<text>
in
clause (xi), by striking
<quote>
and
</quote>
at the end;
</text>
</clause>
<clause id="H71C48F88EDF34BB69C82256A1E77AC2F">
<enum>
(ii)
</enum>
<text>
in
clause (xii), by striking the period and inserting
<quote>
; and
</quote>
;
and
</text>
</clause>
<clause id="HAA55A4CD8B1749619AC967C765A42542">
<enum>
(iii)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H38215C277B1A446780F674BE3C1FD4A7" style="OLC">
<clause id="HB68B3CFF866F4F9384CF66A950C4EC7C">
<enum>
(xiii)
</enum>
<text>
the director of
the State's comprehensive statewide program of technology-related assistance
funded under section 4 of the Assistive Technology Act of 1998 (29 U.S.C.
3003).
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H9E9755114A394060B874146ADCA39058">
<enum>
(2)
</enum>
<text>
in subsection
(c)(6), by striking
<quote>
Service Act
</quote>
and all that follows and
inserting
<quote>
Service Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/300x-3">
42 U.S.C. 300x–3(a)
</external-xref>
) and the State workforce
investment board, and with the activities of entities carrying out programs
under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et
seq.);
</quote>
.
</text>
</paragraph>
</section>
<section commented="no" id="H628492B5A16E4929AE2D604C0393E59F">
<enum>
416.
</enum>
<header>
Performance
accountability measures
</header>
<text display-inline="no-display-inline">
Section 106 (
<external-xref legal-doc="usc" parsable-cite="usc/29/726">
29 U.S.C. 726
</external-xref>
) is
amended—
</text>
<paragraph commented="no" id="H16C2394E06F14294BB19E64AD4ABC078">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by striking subsection (a) and inserting
the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC183838984874ED880FDB35DEA323F82" style="OLC">
<subsection commented="no" id="H4694143C2A15405C98D4160C68203B5F">
<enum>
(a)
</enum>
<header>
In
general
</header>
<paragraph commented="no" id="H508B0FA7B30742A88A87C9C2A00582FD">
<enum>
(1)
</enum>
<header>
Standards and
indicators
</header>
<text>
The evaluation standards and performance indicators
for the vocational rehabilitation program carried out under this title shall be
subject to the performance accountability provisions described in section
136(b) of the Workforce Investment Act of 2012.
</text>
</paragraph>
<paragraph commented="no" id="H014F09863F304D99B087B26E4F85A3BB">
<enum>
(2)
</enum>
<header>
Additional
performance accountability indicators
</header>
<subparagraph commented="no" id="HFC33445814B34AD59AE05F35A22A3A66">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Subject to subparagraph (B), the Commissioner may
establish through regulation additional performance accountability indicators,
which may include outcome and related measures of program performance.
</text>
</subparagraph>
<subparagraph commented="no" id="HCDDC34761E42436DBE3830C04523BA6E">
<enum>
(B)
</enum>
<header>
Comment
</header>
<text>
Such
additional performance accountability indicators shall be developed with input
from State vocational rehabilitation agencies, related professional and
consumer organizations, recipients of vocational rehabilitation services, and
other interested parties.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HD915A1C4A6F2476AA0CA4C72AD868F6C">
<enum>
(3)
</enum>
<header>
Reports
</header>
<text>
Each
State that receives funds under this title shall submit a report to the
Commissioner containing information on any additional performance
accountability indicators established under paragraph (2).
</text>
</paragraph>
<paragraph commented="no" id="H5D8368C8C0F943209648F4FF03BAE882">
<enum>
(4)
</enum>
<header>
Consumer
organization
</header>
<text>
In this subsection, the term
<term>
consumer
organization
</term>
means a membership organization, or disability advocacy
group, for which a majority of the members of the board of directors of the
organization or group are individuals with disabilities or family members of
individuals with disabilities.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H2E8E2D12ADAD433984AF058FBDA503F7">
<enum>
(2)
</enum>
<text>
in subsection
(b)(2)(B), by striking clause (i) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H9996F611CF934AF593BBFFF675D09B79" style="OLC">
<clause commented="no" id="H0A1102845D784F49A649A423BEBB5B55">
<enum>
(i)
</enum>
<text>
on a biannual
basis, review the program improvement efforts of the State and, if the State
has not improved its performance to acceptable levels, as determined by the
Commissioner, direct the State to make revisions to the plan to improve
performance;
and
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HA449392D7630490887466AB4C452594B">
<enum>
417.
</enum>
<header>
Monitoring and
review
</header>
<subsection id="H8C4E4529778A41A19EB1A51E3BC21CAA">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 107(a) (29
U.S.C. 727(a)) is amended—
</text>
<paragraph id="H028A76ADE1B44752B61714F9C053CDFF">
<enum>
(1)
</enum>
<text>
in paragraph
(3)(E), by inserting before the period the following:
<quote>
, including
personnel of a client assistance program under section 112, and past or current
recipients of vocational rehabilitation services
</quote>
; and
</text>
</paragraph>
<paragraph id="H1D32C324265B4031AC9E45D3D1CBF97C">
<enum>
(2)
</enum>
<text>
in paragraph
(4)—
</text>
<subparagraph id="HB358575B582542F1ABBFF55826AB1A2C">
<enum>
(A)
</enum>
<text>
by striking
subparagraphs (A) and (B) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H03691D4DEBA3418DA34E0CC2E1541249" style="OLC">
<subparagraph id="H609179F574674BF0892E2118EEF393FA">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H58419030540E44FA83F640A87580F0EC">
<enum>
(i)
</enum>
<text>
the eligibility process
to ensure compliance with the requirements set forth in section 102(a);
and
</text>
</clause>
<clause id="HEF8656EED1C4454DBE078DCDC1C6BA32" indent="up1">
<enum>
(ii)
</enum>
<text>
implementation of an order of
selection, if applicable, to ensure compliance with the requirements set forth
in section 101(a)(5); and
</text>
</clause>
</subparagraph>
<subparagraph id="H0001D72B66B04A4690A71DF8FFBA0738">
<enum>
(B)
</enum>
<text>
the provision of
services to ensure compliance with section
103;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HD037413F69F64E3E84ABE22B1AFF680D">
<enum>
(B)
</enum>
<text>
in subparagraph
(C), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="HC3C9A5F652F44175BDFE564544CF26FC">
<enum>
(C)
</enum>
<text>
by redesignating
subparagraph (D) as subparagraph (E); and
</text>
</subparagraph>
<subparagraph id="HA2FBBDF074904BC38EF9627F7CC0095F">
<enum>
(D)
</enum>
<text>
by inserting after
subparagraph (C) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H0979E97AB5DF4DC3BBF368F53CABBB37" style="OLC">
<subparagraph id="H05648870DE2F4A989C781AE87ADEFBD3">
<enum>
(D)
</enum>
<text>
data on
individuals determined to be ineligible for services due to severity of their
disability, to determine if systematic changes could result in increased
capacity to meet the needs of such individuals;
and
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</subsection>
<subsection commented="no" id="H8694EFF3A4AA40DCA09CB31BE1B81619">
<enum>
(b)
</enum>
<header>
Review
</header>
<text>
Section
107(d) of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/727">
29 U.S.C. 727(d)
</external-xref>
) is amended, in
paragraphs (1) and (2), by striking
<quote>
a final determination of the
Commissioner under section 101(b) or subsection (c)
</quote>
and inserting
<quote>
a final determination on a State plan for vocational rehabilitation
services under the procedures referenced in section 101(b), or a final
determination by the Commissioner under subsection (c)
</quote>
.
</text>
</subsection>
</section>
<section id="HDE852FF468254ED6BD51EEEDB57F06D5">
<enum>
418.
</enum>
<header>
Training and
services for employers
</header>
<text display-inline="no-display-inline">
Section
109 (
<external-xref legal-doc="usc" parsable-cite="usc/29/728a">
29 U.S.C. 728a
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HADD5FC50076A4062948408DB555D8490" style="OLC">
<section id="H59482C32316D4C8288B3AD5A1571C6B8">
<enum>
109.
</enum>
<header>
Training and
services for employers
</header>
<text display-inline="no-display-inline">
A State
may expend payments received under section 111 to educate and provide services
to employers who have hired or are interested in hiring individuals with
disabilities under programs carried out under this title, including—
</text>
<paragraph id="H8A8F0F19F4AE46ADBF23D31945A3F0A7">
<enum>
(1)
</enum>
<text>
providing training
and technical assistance to employers regarding the employment of individuals
with disabilities, including disability awareness, and the requirements of the
Americans with Disabilities Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12101">
42 U.S.C. 12101 et seq.
</external-xref>
) and other
employment-related laws;
</text>
</paragraph>
<paragraph id="H8C97556ECE584C8EA4B1D8798BC6AC47">
<enum>
(2)
</enum>
<text>
working with
employers to—
</text>
<subparagraph id="H35EF1D104CE74A8288C95ED8B5D54534">
<enum>
(A)
</enum>
<text>
provide
opportunities for work-based learning experience (including internships,
short-term employment, apprenticeships, and fellowships), such as opportunities
in conjunction with pre-employment transition services;
</text>
</subparagraph>
<subparagraph id="H7E4CC1B6488848B08902CD92F081C439">
<enum>
(B)
</enum>
<text>
recruit qualified
applicants with disabilities;
</text>
</subparagraph>
<subparagraph id="HE8BF2F2BA44A4BF09B71809F47027C36">
<enum>
(C)
</enum>
<text>
train employees
with disabilities; and
</text>
</subparagraph>
<subparagraph id="HCFD4238CEF584526920A3E4BF57AD012">
<enum>
(D)
</enum>
<text>
promote retention
of employees who are at risk of losing a job due to disability-related
barriers;
</text>
</subparagraph>
</paragraph>
<paragraph id="H47D74CE2316B429F8D91E6B33F38F51E">
<enum>
(3)
</enum>
<text>
providing
consultations, technical assistance, and support to employers on workplace
accommodations, assistive technology, and facilities and workplace
access;
</text>
</paragraph>
<paragraph id="H02F8B67860ED4F77BFD73AAFD215A852">
<enum>
(4)
</enum>
<text>
assisting
employers with utilizing available financial support, including tax credits and
deductions available for hiring or accommodating individuals with disabilities;
and
</text>
</paragraph>
<paragraph id="H858D9F358B8D433EBDBC9FA57460246B">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
supporting the development of working
relationships between State vocational rehabilitation agencies, the workforce
investment system, their community partners, and employers on multi-State and
national levels, including—
</text>
<subparagraph id="H31DB7EDE721240A69BB4B28CC316EEA6">
<enum>
(A)
</enum>
<text>
encouraging
employers to recruit qualified individuals with disabilities for available
employment opportunities;
</text>
</subparagraph>
<subparagraph id="HFE4544E4A801484EBD8C603E17FB5061">
<enum>
(B)
</enum>
<text>
facilitating such
recruitment by disseminating information about specific available employment
opportunities to qualified individuals who are recipients of vocational
rehabilitation services under this subtitle, or who are applicants for such
services;
</text>
</subparagraph>
<subparagraph id="H5BB9D36D6C734F539F4562090B90323C">
<enum>
(C)
</enum>
<text>
matching qualified
individuals who are recipients of vocational rehabilitation services under this
subtitle, or who are applicants for such services, with employers that have
available employment opportunities on the local, regional, or national level;
and
</text>
</subparagraph>
<subparagraph id="HDAAF652C0EB449DF80753E1C21E7834A">
<enum>
(D)
</enum>
<text>
providing support
services, as appropriate, to employers to facilitate the hiring of qualified
individuals who are recipients of vocational rehabilitation services under this
subtitle, or who are applicants for such
services.
</text>
</subparagraph>
</paragraph>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H26490123A711478EB74048D9D0891AC5">
<enum>
419.
</enum>
<header>
State
allotments
</header>
<subsection id="HA73CC9E9528949719682E0B18A529173">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 110 (29
U.S.C. 730) is amended—
</text>
<paragraph id="HAB802E196C194AEEB8F3CDD0A073FAAB">
<enum>
(1)
</enum>
<text>
in subsection
(a)(1), by striking
<quote>
Subject to the provisions of subsection (c)
</quote>
and inserting
<quote>
Subject to the provisions of subsections (c), (d), and
(e), and section 303(d)
</quote>
; and
</text>
</paragraph>
<paragraph id="H15356C6F2B07460E9E4F3D59BFF4A61E">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by striking subsections (b) and (c) and
inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1DF3FDBEA0A743A997F4897BBEFE05EE" style="traditional">
<subsection id="H68096B8900ED4A7E815B3D523F20E512">
<enum>
(b)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="HF5295E260E3E42A9ADCA3C149E1C4D92">
<enum>
(1)
</enum>
<text>
Not later than 45 days
prior to the end of the fiscal year, the Commissioner shall determine, after
reasonable opportunity for the submission to the Commissioner of comments by
the State agency administering or supervising the program established under
this title, whether any amount from the payment of an allotment to a State
under section 111(a) for any fiscal year will not be utilized by such State in
carrying out the purposes of this title.
</text>
</paragraph>
<paragraph id="HD440FB7E8CC1493FAFC33067EEE02AA2" indent="up1">
<enum>
(2)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H93D16DE6348E4A8393BDC191877EECA6">
<enum>
(A)
</enum>
<text>
As soon as practicable
but not later than the end of the fiscal year, the Commissioner shall reallot
the amount available under paragraph (1) to other States, consistent with
subparagraphs (B) and (C), for carrying out the purposes of this title to the
extent the Commissioner determines that another State will be able to use an
additional amount, during that fiscal year or the subsequent fiscal year for
carrying out such purposes.
</text>
</subparagraph>
<subparagraph id="HA9C9F02755774878B5781025365E7E4C" indent="up1">
<enum>
(B)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H84A8F100967F47B5BF06B5654B6DE6A0">
<enum>
(i)
</enum>
<text>
The Commissioner shall
reallot a portion of the amount available under paragraph (1) for a fiscal year
to each State whose allotment under subsection (a) for such fiscal year is less
than such State's allotment under subsection (a) for the immediately preceding
fiscal year, adjusted by the percentage change in the funds available for
subsection (a) from the immediately preceding fiscal year.
</text>
</clause>
<clause id="H42FBF1BA19644186BA84A00AE2356126" indent="up1">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="HD67903E4D4BF414BAA02258D15983CFE">
<enum>
(I)
</enum>
<text>
Subject to subclause
(II), a State that is eligible to receive a reallotment under clause (i) shall
receive a portion for a fiscal year from the amount available for reallotment
under paragraph (1) that is equal to the difference between—
</text>
<item id="HF8E4BF3037AF4FE89D2AA8BB72C820F9" indent="up1">
<enum>
(aa)
</enum>
<text>
the amount such State was allotted
under subsection (a) for such fiscal year; and
</text>
</item>
<item id="HE819FA9395224968BDBDFAA3A1C2AA11" indent="up1">
<enum>
(bb)
</enum>
<text>
the amount such State was allotted
under subsection (a) for the immediately preceding fiscal year, adjusted by the
percentage change in the funds available for subsection (a) from the
immediately preceding fiscal year.
</text>
</item>
</subclause>
<subclause id="H40214E47FEEE45AA95E80A00E3CE210F" indent="up1">
<enum>
(II)
</enum>
<text>
If the amount available for
reallotment under paragraph (1) is insufficient to provide each State eligible
to receive a reallotment under clause (i) with the portion described in
subclause (I), the amount reallotted to each eligible State shall be determined
by the Commissioner.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HEC4E4FB042634103A536D7D4E3184083" indent="up1">
<enum>
(C)
</enum>
<text>
If there are funds remaining after
each State eligible to receive a reallotment under subparagraph (B)(i) receives
the portion described in subparagraph (B)(ii), the Commissioner shall reallot
the remaining funds among the States requesting a reallotment.
</text>
</subparagraph>
</paragraph>
<paragraph id="H706982BEC27246BD80D5F14C50C28A4C" indent="up1">
<enum>
(3)
</enum>
<text>
The Commissioner shall reallot an
amount to a State under this subsection only if the State will be able to make
sufficient payments from non-Federal sources to pay for the non-Federal share
of the cost of vocational rehabilitation services under the State plan for the
fiscal year for which the amount was appropriated.
</text>
</paragraph>
<paragraph id="HEF58D2DE77BD4190A7AFC5B1A35F21F9" indent="up1">
<enum>
(4)
</enum>
<text>
For the purposes of this part, any
portion made available to a State for any fiscal year pursuant to this
subsection shall be regarded as an increase of such State's allotment (as
determined under the preceding provisions of this section) for such
year.
</text>
</paragraph>
</subsection>
<subsection id="H2A9075B2295E4770A1421C1A51DEE712">
<enum>
(c)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="H21CFECAB3751492C94ACEF856C8BAB52">
<enum>
(1)
</enum>
<text>
For fiscal year 2012 and
for each fiscal year thereafter, the Commissioner shall reserve, from the funds
appropriated under section 100(b)(1) for each fiscal year, an amount that is
not less than 1.23 percent and not more than 1.5 percent of those funds in
order to carry out section 121, provided that the minimum percentage that may
be reserved shall increase by 0.01 percent for each succeeding fiscal year
after fiscal year 2012.
</text>
</paragraph>
<paragraph id="HC5652421AF69411C95D48F94DBDB9E28" indent="up1">
<enum>
(2)
</enum>
<text>
Notwithstanding paragraph (1), there
shall be no increase in the minimum percentage of funds reserved under
paragraph (1) unless there is an equivalent increase in the funds appropriated
under section
100(b)(1).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H29E31D8836654811AA7AB8433E14204A">
<enum>
(b)
</enum>
<header>
Reservation for
Transition and Pre-Employment Transition Services
</header>
<text display-inline="yes-display-inline">
Section 110 (
<external-xref legal-doc="usc" parsable-cite="usc/29/730">
29 U.S.C. 730
</external-xref>
) is amended by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H39B94FE9B80B40C5836C8E5373AD7133" style="OLC">
<subsection id="H07CF8EEF5FF44831A1435E5F497F5613">
<enum>
(d)
</enum>
<text>
From any State
allotment under subsection (a) for a fiscal year, the State shall reserve not
less than 10 percent of the allotted funds for the provision of transition
services to assist students with disabilities and youth with disabilities in
transitioning from education or training to employment, which includes
pre-employment transition services under section
114.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H1E27C79578A147458D495E35E97CBF4B">
<enum>
420.
</enum>
<header>
Client
Assistance Program
</header>
<text display-inline="no-display-inline">
Section 112
(
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
) is amended—
</text>
<paragraph id="H5203D689D27E4E45999E36433BCC54BC">
<enum>
(1)
</enum>
<text>
in subsection (a),
in the first sentence—
</text>
<subparagraph id="H6DFD7322D9464226BAB90258F9054C30">
<enum>
(A)
</enum>
<text>
by striking
<quote>
grants to States
</quote>
and inserting
<quote>
grants to agencies
designated under subsection (c) (referred to individually in this section as a
<quote>
designated CAP agency
</quote>
)
</quote>
;
</text>
</subparagraph>
<subparagraph id="HE7DE444147394BEF95DF67BB20EE5B8A">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
including under sections 114,
</quote>
after
<quote>
all available
benefits under this Act,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H13DFA0963D2A4D7BA1723447B765C971">
<enum>
(C)
</enum>
<text>
by inserting
<quote>
and eligibility
</quote>
after
<quote>
to ensure the protection of the
rights
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H005EF28389FB48599E1CB0EB83EFD728">
<enum>
(2)
</enum>
<text>
in subsection (b),
by striking the matter preceding paragraph (1) and inserting
<quote>
Neither an
agency within the State, nor the State, may receive payments from an allotment
under subsection (e) in any fiscal year unless the State has designated under
subsection (c) an agency that—
</quote>
;
</text>
</paragraph>
<paragraph id="H6F7894CE83434AB79A884B1F77BE294F">
<enum>
(3)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="HFAAB298D641E4B2B8128840726FE1E49">
<enum>
(A)
</enum>
<text>
in paragraph (2),
by inserting
<quote>
(as defined in section 106(a))
</quote>
after
<quote>
consumer organizations
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H8DCBDF1E1BDB4B3CA9C99AE2EA4709BA">
<enum>
(B)
</enum>
<text>
in paragraph (3),
by striking
<quote>
agency designated under this subsection
</quote>
and
inserting
<quote>
designated CAP agency
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H790AAD2EE33540F289E504B915DBDF7F">
<enum>
(4)
</enum>
<text>
in subsection (d),
by striking
<quote>
agency designated under subsection (c) of this
section
</quote>
and inserting
<quote>
designated CAP agency
</quote>
;
</text>
</paragraph>
<paragraph id="H0B57E7BEDF6D486A9F35564E42B206DE">
<enum>
(5)
</enum>
<text>
in subsection
(e)—
</text>
<subparagraph id="HA00B45A588E14338AC58B3AC605D6A15">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="H888D909120164CEDBE7FFCA9B2CCCF27">
<enum>
(i)
</enum>
<text>
by
striking subparagraph (A) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD327D931A937427FBA90F2DA23AC73EF" style="OLC">
<subparagraph id="HC51BDB1B8F284C6E9D60CBD015AC1DB2" indent="up2">
<enum>
(A)
</enum>
<text>
After reserving funds under
subparagraphs (E) and (F), the Secretary shall allot the remainder of the sums
appropriated for each fiscal year under this section among the designated CAP
agencies within the States on the basis of relative population of each State,
except that no such agency shall receive less than
$50,000.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H885967645301459C8E5849E952D0987F">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B), by inserting
<quote>
the designated CAP agencies located
in
</quote>
before
<quote>
American Samoa
</quote>
; and
</text>
</clause>
<clause id="H07F6B4B6F76C461B83DB1E440B353F1D">
<enum>
(iii)
</enum>
<text>
by
striking subparagraph (D) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H924D4BFCA5254EF0A575FF6CE85D6671" style="OLC">
<subparagraph id="HCDC007A3374C459FB09582A3D04B4CA0" indent="up2">
<enum>
(D)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H949496F76A9A4DB58A451F1C122D47AE">
<enum>
(i)
</enum>
<text>
For any fiscal year for
which the funds appropriated for such fiscal year under subsection (h) exceed
$7,500,000, the minimum allotment under this subsection shall be $100,000 for
the designated CAP agencies located in States and $45,000 for the designated
CAP agencies located in territories.
</text>
</clause>
<clause id="HBF35510EE4B8407A9BA91B596BA6D1BE" indent="up1">
<enum>
(ii)
</enum>
<text>
For any fiscal year for which the
total amount appropriated under subsection (h) exceeds the total amount
appropriated under such subsection (or the corresponding provision) for the
preceding fiscal year, the Secretary shall increase each of the minimum
allotments under clause (i) by a percentage that shall not exceed the
percentage increase, calculated by dividing such total amount for the fiscal
year involved by such total amount for the preceding fiscal year.
</text>
</clause>
</subparagraph>
<subparagraph id="H04D7371777BA4D7DB9F1DFFD08314094" indent="up2">
<enum>
(E)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="HBEDB38C1290144D29FF3D3E2388D6884">
<enum>
(i)
</enum>
<text>
For any fiscal year for
which the amount appropriated under subsection (h) equals or exceeds
$13,000,000, the Secretary shall reserve funds appropriated under subsection
(h) to make a grant to the protection and advocacy system serving the American
Indian Consortium, to provide designated CAP agency services in accordance with
the requirements of this section. The amount of such a grant shall be the same
amount as is provided to a territory under subparagraph (B), as increased under
clauses (i) and, if applicable, (ii) of subparagraph (D).
</text>
</clause>
<clause id="H493A259E11F44FB3AB55C9D5D44060FD" indent="up1">
<enum>
(ii)
</enum>
<text>
In this subparagraph:
</text>
<subclause id="H1588295785A14B0BBB4A82DD3D3CAF2C">
<enum>
(I)
</enum>
<text>
The term
<term>
American Indian
Consortium
</term>
has the meaning given the term in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C.
15002).
</text>
</subclause>
<subclause id="HE62BD4B6B5D6498D895AB0D328CF6EB2">
<enum>
(II)
</enum>
<text>
The term
<term>
protection and
advocacy system
</term>
means a protection and advocacy system established under
subtitle C of title I of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (
<external-xref legal-doc="usc" parsable-cite="usc/42/15041">
42 U.S.C. 15041 et seq.
</external-xref>
).
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HFDC08264570D44FA8602399FBE39EEF1" indent="up2">
<enum>
(F)
</enum>
<text>
For any fiscal year for which the
amount appropriated under subsection (h) equals or exceeds $14,000,000, the
Secretary shall reserve not less than 1.8 percent and not more than 2.2 percent
of such amount to provide a grant for training and technical assistance for the
programs established under this section. Such training and technical assistance
shall be coordinated with activities provided under section
509(c)(1)(A).
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H46F3A46BB342440786349F15441E6E9A">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H47C07512AE504BDD854ED0D1AA00B2AC">
<enum>
(i)
</enum>
<text>
except as provided
in clause (ii), by striking
<quote>
State
</quote>
each place it appears and
inserting
<quote>
designated CAP agency
</quote>
; and
</text>
</clause>
<clause id="HDDE4695098854BC5AA6A85F3F34E9FDD">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
States
</quote>
each place it appears and inserting
<quote>
designated CAP agencies
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H514A448EBBDB4D6B86CE0D7AE4C6484D">
<enum>
(C)
</enum>
<text>
in paragraph (3),
by striking
<quote>
agency designated
</quote>
and all that follows and inserting
<quote>
designated CAP agency the amount specified in the application approved
under subsection (f).
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HBD9C5AE982E7490FB571E794EF97B0F5">
<enum>
(6)
</enum>
<text>
in subsection (f),
by striking
<quote>
State
</quote>
and inserting
<quote>
designated CAP
agency
</quote>
;
</text>
</paragraph>
<paragraph id="H2E16FA4BB5BD457EAD7EC55FF7F3E76F">
<enum>
(7)
</enum>
<text>
in paragraph (1)
of subsection (g), by striking
<quote>
such programs
</quote>
and inserting
<quote>
the designated CAP agency of a State
</quote>
; and
</text>
</paragraph>
<paragraph id="H232718653CFB4817B1816CE7F83E529C">
<enum>
(8)
</enum>
<text>
in subsection (h),
by striking
<quote>
1999 through 2003
</quote>
and inserting
<quote>
2013 through
2017
</quote>
.
</text>
</paragraph>
</section>
<section id="HAB8897C34E0544CAA4B69B2431233349">
<enum>
421.
</enum>
<header>
Technical
assistance for quality services
</header>
<text display-inline="no-display-inline">
Part B of title I (
<external-xref legal-doc="usc" parsable-cite="usc/29/730">
29 U.S.C. 730 et seq.
</external-xref>
),
is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HCBB102CD57DF430DB7DAC004CF3C6570" style="OLC">
<section id="H0B93A1D46B2347C587352C98E92D39DF">
<enum>
113.
</enum>
<header>
Additional
technical assistance
</header>
<text display-inline="no-display-inline">
The
Commissioner shall provide technical assistance for programs provided under
this title regarding improving the quality of vocational rehabilitation
services provided through the programs, including—
</text>
<paragraph id="HE4F0EE4C6BE648A68C1AC3E99A176674">
<enum>
(1)
</enum>
<text>
consulting with
the Department of Labor, the Small Business Administration, other appropriate
Federal agencies, State and local workforce investment boards, and businesses
or business-led intermediaries;
</text>
</paragraph>
<paragraph id="H9F74D290216B44B384B7F458BC99FDF8">
<enum>
(2)
</enum>
<text>
based on
information obtained through the consultations, providing—
</text>
<subparagraph id="H43A4E2C0F6AE497F877BDF1AE3007DB1">
<enum>
(A)
</enum>
<text>
technical
assistance that improves quality by enabling designated State units to develop
successful partnerships with local and multi-State businesses in an effort to
employ individuals with disabilities; and
</text>
</subparagraph>
<subparagraph id="H3FE2D787A6474B16B5232C35385F0807">
<enum>
(B)
</enum>
<text>
technical
assistance on developing self-employment opportunities and improving employment
outcomes for individuals with disabilities; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H69B7165A02394FCEB4476EF52E62D1E7">
<enum>
(3)
</enum>
<text>
providing
technical assistance to improve the quality of vocation rehabilitation services
programs carried out under section 121.
</text>
</paragraph>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H0DEBA2F6FA824457A4601171AA500C72">
<enum>
422.
</enum>
<header>
Pre-employment
transition services
</header>
<text display-inline="no-display-inline">
Part B of
title I (
<external-xref legal-doc="usc" parsable-cite="usc/29/730">
29 U.S.C. 730 et seq.
</external-xref>
), as amended by section 521, is further amended
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H39172DB5A3C4488F926A92615B8AB757" style="OLC">
<section id="HBEEDDA3A8C304B768BDAEB1E52E172A7">
<enum>
114.
</enum>
<header>
Provision of
pre-employment transition services for students with disabilities
</header>
<subsection id="H45D6285BEB2845DD8D92A612FE8B3247">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
From the funds
reserved under section 110(d), and funds made available from State, local, and
private funding sources (consistent with requirements that apply to the
acceptance and use of such funds), each State shall ensure that—
</text>
<paragraph id="H0EB7351DB3774296A3F32DE3E9CA9B17">
<enum>
(1)
</enum>
<text>
the designated
State unit shall provide, or arrange for the provision of, pre-employment
transition services for all students with disabilities who are in need of such
services; and
</text>
</paragraph>
<paragraph id="H025BE30D8A394489BB3AC01FE527A610">
<enum>
(2)
</enum>
<text>
the designated
State unit will not expend more than 5 percent of the funds reserved to carry
out this section to pay for the administrative costs associated with providing
pre-employment transition services under this section.
</text>
</paragraph>
</subsection>
<subsection id="H1D26A8955CA049799996E3BA5959F74C">
<enum>
(b)
</enum>
<header>
Local
pre-Employment transition coordinator
</header>
<paragraph id="HE1A3F459BAE44B908338ED4197FB48C2">
<enum>
(1)
</enum>
<header>
Coordinator
</header>
<text>
Each
local office of a designated State unit shall designate at least 1 staff person
to carry out the responsibilities of a Local Pre-Employment Transition
Coordinator for students with disabilities, as well as appropriate staff to
support the Coordinator in carrying out the responsibilities as described in
paragraph (2).
</text>
</paragraph>
<paragraph id="H2827969572994711A6D353D4F03609BF">
<enum>
(2)
</enum>
<header>
Responsibilities
</header>
<text>
It
shall be the responsibility of a Local Pre-Employment Transition Coordinator
to—
</text>
<subparagraph id="H472E8A0E8A3649BDB2F77C1D43F11140">
<enum>
(A)
</enum>
<text>
attend
individualized education program meetings, as appropriate, for students with
disabilities;
</text>
</subparagraph>
<subparagraph id="H6BFE7B0EADD546D481F2BDEC1AFCA536">
<enum>
(B)
</enum>
<text>
work with the
local workforce investment boards, one-stop centers, and employers to develop
job opportunities for students with disabilities, including internships, summer
employment opportunities and other employment opportunities available
throughout the school year, and apprenticeships; and
</text>
</subparagraph>
<subparagraph id="HEA9F6411CE204EB0AE5DFD322DC9B692">
<enum>
(C)
</enum>
<text>
work with schools,
including those carrying out activities under section 614(d)(1)(A)(i)(VIII) of
the Individuals with Disabilities Education Act (20 U.S.C.
1414(d)(1)(A)(i)(VIII)), to coordinate and ensure the provision of
pre-employment transition services for students with disabilities, including
services described in clauses (i) through (v) of section 7(30)(B).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HC7F4A8DA2C5042128720B5409576EF9D">
<enum>
(c)
</enum>
<header>
National
pre-Employment transition coordination
</header>
<paragraph id="HE5E25A57602C473C8D48115026644119">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary of Education and the Secretary of Labor
shall each designate a lead staff person to fulfill the responsibilities of a
National Pre-Employment Transition Coordinator for Students with Disabilities.
The National Pre-Employment Transition Coordinators shall work cooperatively,
and with other Federal agencies including the Corporation for National and
Community Service, to develop and coordinate—
</text>
<subparagraph id="H94A5B2AEDA2F4CF2912E0000666D561F">
<enum>
(A)
</enum>
<text>
agency policies
related to pre-employment transition services; and
</text>
</subparagraph>
<subparagraph id="HA904DFD74911490791B6DBF891D2504C">
<enum>
(B)
</enum>
<text>
resources to
increase job opportunities for students with disabilities, including
internships, summer employment opportunities and other employment opportunities
available throughout the school year, and apprenticeships.
</text>
</subparagraph>
</paragraph>
<paragraph id="H902C111BD13D458A9D350262DB743453">
<enum>
(2)
</enum>
<header>
Construction
</header>
<text>
Nothing
in this subsection shall be construed to prohibit either Secretary from
assigning additional responsibilities, other than the responsibilities
described in this subsection, to a staff person designated under this
subsection.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H56F96202BB4C4FE198362F1CB630E41D">
<enum>
423.
</enum>
<header>
American Indian
vocational rehabilitation services
</header>
<text display-inline="no-display-inline">
Section 121 (
<external-xref legal-doc="usc" parsable-cite="usc/29/741">
29 U.S.C. 741
</external-xref>
) is
amended—
</text>
<paragraph id="HCA861D4728A845A59B7347EC1D544C29">
<enum>
(1)
</enum>
<text>
in subsection (a),
in the first sentence, by inserting before the period the following:
<quote>
(referred to in this section as
<quote>
eligible individuals
</quote>
),
consistent with such eligible individuals' strengths, resources, priorities,
concerns, abilities, capabilities, interests, and informed choice, so that such
individuals may prepare for, and engage in, high quality employment that will
increase opportunities for economic self-sufficiency
</quote>
;
</text>
</paragraph>
<paragraph id="H94437FE05F9D40E9A52E895835F31AE8">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="HAD72A44449544FD68ED144823D9096ED">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="HAE5A56080F9C4DB8B22E26032CEBE841">
<enum>
(i)
</enum>
<text>
in
subparagraph (B), by striking
<quote>
and
</quote>
at the end;
</text>
</clause>
<clause id="H27659464E08D42D683075E299459F0F8">
<enum>
(ii)
</enum>
<text>
in
subparagraph (C), by striking the period and inserting
<quote>
; and
</quote>
;
and
</text>
</clause>
<clause id="H80B82C73613B4C64AE2248DAE4E888A9">
<enum>
(iii)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4CFA71D137E8459BAD1C39EB924DE874" style="OLC">
<subparagraph id="HE83E772DAC0B4B49884B38480B3CE32A">
<enum>
(D)
</enum>
<text>
contains
assurances that—
</text>
<clause id="H1912616ABE3740B1849A8564EDE26C48">
<enum>
(i)
</enum>
<text>
all decisions
affecting eligibility for vocational rehabilitation services, the nature and
scope of available vocational rehabilitation services, and the provision of
such services, will be made by a representative of the tribal vocational
rehabilitation program funded through the grant; and
</text>
</clause>
<clause id="HE242DC8D6588497AA6DEA7B6DD9E3AD4">
<enum>
(ii)
</enum>
<text>
such decisions
will not be delegated to another agency or
individual.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H7AB4178FAD944EF28C0109E6343508E3">
<enum>
(B)
</enum>
<text>
by striking
paragraphs (3) and (4) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H216C509DF666432FBDD2478441F28461" style="OLC">
<paragraph id="HAB75318DB31D4B8DB27C8A4ADD499007" indent="up1">
<enum>
(3)
</enum>
<text>
If an application is approved under
this part for a grant, the resulting grant shall be for 5 years, if the grant
recipient complies with the program requirements for the program carried out
under this part (including the regulations promulgated for the program). The
grant shall be renewed for additional 5-year periods if the Commissioner
determines that the grant recipient demonstrated acceptable past performance
and the grant recipient submits, and obtains approval by the Commissioner, for
a plan, including a proposed budget, that identifies future performance
criteria, goals, and objectives. The State shall continue to provide vocational
rehabilitation services under the State plan to American Indians residing on or
near a reservation whenever such State includes any such American Indians in
its State population under section 110(a)(1).
</text>
</paragraph>
<paragraph id="H41B48E1C2F8E4276850361EF139F0A2B" indent="up1">
<enum>
(4)
</enum>
<text>
In allocating funds for grants under
this part, the Secretary shall give priority to paying the continuation costs
of projects in existence on the date of the allocation and may provide for
increases in funding for such projects that the Secretary determines to be
necessary.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H9C31A143B7044BC6B49B9AD3AA3B2392">
<enum>
(3)
</enum>
<text>
by redesignating
subsection (c) as subsection (d); and
</text>
</paragraph>
<paragraph id="HA457687ECF1F4E1E83312E0AD3893E80">
<enum>
(4)
</enum>
<text>
by inserting after
subsection (b) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD04C43C580684B93A114C5BE10DCC598" style="OLC">
<subsection id="H0CBBEB4D0E0B4EC3A4614578589DBC8C">
<enum>
(c)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="H0B7F7B95DC9B427C8B56AA9480292AAD">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
From the funds appropriated and made
available to carry out this part for any fiscal year, beginning with fiscal
year 2012, the Commissioner shall first reserve not less than 1.8 percent and
not more than 2 percent of the funds to provide training and technical
assistance to governing bodies described in subsection (a) for such fiscal
year.
</text>
</paragraph>
<paragraph id="H1BAAC2A05344431F80C1E055D8159268" indent="up1">
<enum>
(2)
</enum>
<text>
From the funds reserved under
paragraph (1), the Commissioner shall make grants to, and enter into contracts
and other arrangements with, entities that have experience in the operation of
vocational rehabilitation services programs under this section to provide such
training and technical assistance with respect to developing, conducting,
administering, and evaluating such programs.
</text>
</paragraph>
<paragraph id="H77E7D707408D4F70929C8A81E6652C0C" indent="up1">
<enum>
(3)
</enum>
<text>
The Commissioner shall conduct a
survey of the governing bodies regarding training and technical assistance
needs in order to determine funding priorities for such grants, contracts, or
other arrangements.
</text>
</paragraph>
<paragraph id="H760597CA2D2A400F8555A8C21DCCC754" indent="up1">
<enum>
(4)
</enum>
<text>
To be eligible to receive a grant or
enter into a contract or other arrangement under this section, such an entity
shall submit an application to the Commissioner at such time, in such manner,
and containing a proposal to provide such training and technical assistance,
and containing such additional information as the Commissioner may require. The
Commissioner shall provide for peer review of grant applications by panels that
include persons who are not government employees and who have experience in the
operation of vocational rehabilitation services programs under this
section.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
<subtitle id="HBCD3CD53042044B98B8228CAA969F94D">
<enum>
C
</enum>
<header>
Research and
Training
</header>
<section id="H9E536D03D7F54E80B0FD387D8E66E977">
<enum>
431.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
Section 200 (
<external-xref legal-doc="usc" parsable-cite="usc/29/760">
29 U.S.C. 760
</external-xref>
) is
amended—
</text>
<paragraph id="H6B3DAFC570264F9DBB96E8D92357AF78">
<enum>
(1)
</enum>
<text>
in paragraph (1),
by inserting
<quote>
technical assistance,
</quote>
after
<quote>
training,
</quote>
;
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HEA916D8356074B9BAF8BCDEADD6F5E07">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in paragraph (2), by inserting
<quote>
technical assistance,
</quote>
after
<quote>
training,
</quote>
;
</text>
</paragraph>
<paragraph id="HBE44DD4A049D4DA4B2FE08B9E6C534CB">
<enum>
(3)
</enum>
<text>
in paragraph
(3)—
</text>
<subparagraph id="H60266A2B698B4E3DB695922DA27BF0CB">
<enum>
(A)
</enum>
<text>
in the matter
preceding subparagraph (A)—
</text>
<clause id="H0429E6B21C5A496E95D81FDB4FB23084">
<enum>
(i)
</enum>
<text>
by
inserting
<quote>
, use, and adoption
</quote>
after
<quote>
transfer
</quote>
;
and
</text>
</clause>
<clause id="H1E1BFB277BED44D39DCACFBFC2B5CADF">
<enum>
(ii)
</enum>
<text>
by
inserting
<quote>
in a timely and efficient manner,
</quote>
after
<quote>
disabilities
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H67AE9121600C476BA4AFCAC1F979CB16">
<enum>
(B)
</enum>
<text>
in subparagraph
(D), by inserting
<quote>
and dissemination of research findings to individuals
with disabilities and other interested entities
</quote>
after
<quote>
technology
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HB9E49783A4404663A0A13A2EE747E4EF">
<enum>
(4)
</enum>
<text>
in paragraph (5),
by striking
<quote>
and
</quote>
after the semicolon;
</text>
</paragraph>
<paragraph id="H52EFA39F6D0744FAB3D398C2EFBC06F2">
<enum>
(5)
</enum>
<text>
in paragraph (6),
by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="H5C2C0D7A6EB6495DAACF7E805F43FC14">
<enum>
(6)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H80A6F00102CC4EFB9559762BAFF4E3CE" style="OLC">
<paragraph id="H1CC1915E8FC2428EB8B4951C45E32C56">
<enum>
(7)
</enum>
<text>
identify effective
strategies for supporting the employment of individuals with disabilities in
competitive integrated
employment.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H326D601BD77E4859B8CE05812634420C">
<enum>
432.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
Section
201(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/761">
29 U.S.C. 761(a)
</external-xref>
) is amended—
</text>
<paragraph id="HC9BB7AB6DFCF481C937BAFC334215634">
<enum>
(1)
</enum>
<text>
in paragraph (1),
by striking
<quote>
1999 through 2003
</quote>
and inserting
<quote>
2013 through
2017
</quote>
; and
</text>
</paragraph>
<paragraph id="HBD756E21AA99496EAD36422D2BABB6E1">
<enum>
(2)
</enum>
<text>
in paragraph (2),
by striking
<quote>
1999 through 2003
</quote>
and inserting
<quote>
2013 through
2017
</quote>
.
</text>
</paragraph>
</section>
<section id="HE2EC8225C81346FE8FBCDE3FF5BC27D3">
<enum>
433.
</enum>
<header>
National
Institute on Disability and Rehabilitation Research
</header>
<text display-inline="no-display-inline">
Section 202 (
<external-xref legal-doc="usc" parsable-cite="usc/29/762">
29 U.S.C. 762
</external-xref>
) is
amended—
</text>
<paragraph id="HC74982C38F1E4653B055BB2E3AEE2248">
<enum>
(1)
</enum>
<text>
in subsection
(a)(1)(A)—
</text>
<subparagraph id="H3CFA664C373F467580C95516A580DCA9">
<enum>
(A)
</enum>
<text>
in clause (ii), by
striking
<quote>
and training; and
</quote>
and inserting
<quote>
, training, and
technical assistance;
</quote>
;
</text>
</subparagraph>
<subparagraph id="HD5C596ADA9564585B269648D939B97F2">
<enum>
(B)
</enum>
<text>
by redesignating
clause (iii) as clause (iv); and
</text>
</subparagraph>
<subparagraph id="H1E783E87A27244CCBA90E2E745C316C7">
<enum>
(C)
</enum>
<text>
by inserting after
clause (ii) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA52E65C870BF4C9B99C457EF7A617D3C" style="OLC">
<clause id="H9BDF959567D048D9AE2C680452C88C2A">
<enum>
(iii)
</enum>
<text>
knowledge
translation and dissemination; and
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HE81990D86B1046978679641AE4C09BEF">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H7F1FCA1C99FE4210A1730556CE5F6925">
<enum>
(A)
</enum>
<text>
in paragraph (3),
by striking
<quote>
in rehabilitation
</quote>
and inserting
<quote>
on disability
and rehabilitation
</quote>
;
</text>
</subparagraph>
<subparagraph id="H611BD8EC928049C49682C17F1F05FC63">
<enum>
(B)
</enum>
<text>
in paragraph
(4)—
</text>
<clause id="HB0F2417C32034C5EA933865D13B964BD">
<enum>
(i)
</enum>
<text>
in
the matter preceding subparagraph (A), by inserting
<quote>
education, health
and health care,
</quote>
after
<quote>
independent living,
</quote>
; and
</text>
</clause>
<clause id="H5014D73C21DA40FABFAB321969486784">
<enum>
(ii)
</enum>
<text>
by
striking subparagraphs (A) through (D) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2935C246B6C54AC5820F39285E2102C1" style="OLC">
<subparagraph id="H9C18B936E40C4DDDBB959FBF9A8E54C9">
<enum>
(A)
</enum>
<text>
public and private
entities, including—
</text>
<clause id="H16B236E551534D8C9D5017E57D07A281">
<enum>
(i)
</enum>
<text>
elementary schools
and secondary schools (as defined in section 9101 of the Elementary and
Secondary Education Act of 1965);
</text>
</clause>
<clause id="H0478FD83FF0B4F519870A0693CE20766">
<enum>
(ii)
</enum>
<text>
institutions of
higher education; and
</text>
</clause>
<clause id="HFEBD1832537D45D99D656F45DB16EC37">
<enum>
(iii)
</enum>
<text>
nongovernmental
agencies and organizations;
</text>
</clause>
</subparagraph>
<subparagraph id="HFD74428CB9944B73A41C0216EF2CB668">
<enum>
(B)
</enum>
<text>
rehabilitation
practitioners;
</text>
</subparagraph>
<subparagraph id="H28291F4DDF1D4824A9F278D370628685">
<enum>
(C)
</enum>
<text>
employers and
organizations representing employers with respect to employment-based
educational materials or research;
</text>
</subparagraph>
<subparagraph id="H5D5550119D234209B86F277DE4D0D432">
<enum>
(D)
</enum>
<text>
individuals with
disabilities (especially such individuals who are members of minority groups or
of populations that are unserved or underserved by programs under this
Act);
</text>
</subparagraph>
<subparagraph id="H5F5751025D754DA4944317100146B547">
<enum>
(E)
</enum>
<text>
the individuals'
representatives for the individuals described in subparagraph (D); and
</text>
</subparagraph>
<subparagraph id="HC1A5AFE863464358A4999F00A2E58C8F">
<enum>
(F)
</enum>
<text>
the Committee on
Health, Education, Labor, and Pensions of the Senate, the Committee on
Appropriations of the Senate, the Committee on Education and the Workforce of
the House of Representatives, the Committee on Appropriations of the House of
Representatives, and the National Council on
Disability;
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H63D1F252D64C45E7AB99F7F0DE7B6E8B">
<enum>
(C)
</enum>
<text>
in paragraph
(6)—
</text>
<clause id="H899AEA728B3C404388DAB988E0EFB4E7">
<enum>
(i)
</enum>
<text>
by
inserting
<quote>
disability and
</quote>
after
<quote>
advances in
</quote>
;
and
</text>
</clause>
<clause id="H7A3212801B984FE7B021A670EBA14952">
<enum>
(ii)
</enum>
<text>
by
inserting
<quote>
education, health and health care,
</quote>
after
<quote>
independent living,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H1E794140FF5940DC9EB3A13FFD7FFE30">
<enum>
(D)
</enum>
<text>
in paragraph (7),
by striking
<quote>
taking whatever action is necessary to keep the Congress
fully and currently informed
</quote>
and inserting
<quote>
reporting to Congress
on a continuing and yearly basis
</quote>
;
</text>
</subparagraph>
<subparagraph id="HD7D99062AAE746E6A573CF7B3CB36683">
<enum>
(E)
</enum>
<text>
in paragraph (8),
by striking
<quote>
health, income,
</quote>
and inserting
<quote>
health and
health care, income, education,
</quote>
;
</text>
</subparagraph>
<subparagraph id="H686DC7D683BC430A916924FD3011F6B7">
<enum>
(F)
</enum>
<text>
in paragraph (10),
by striking
<quote>
and telecommuting; and
</quote>
and inserting
<quote>
,
supported employment (including customized employment), and
telecommuting;
</quote>
;
</text>
</subparagraph>
<subparagraph id="H57A6452759F342E181D0DD95635517A3">
<enum>
(G)
</enum>
<text>
in paragraph (11),
by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HDDA372EFDEB948B7859B6DB55F098FEE">
<enum>
(H)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H92D3FBECA8374794A66547115279828A" style="OLC">
<paragraph id="H3BD2122BA17F4875A5BC400054193940">
<enum>
(12)
</enum>
<text>
ensuring that the
research activities and findings, demonstration projects, reports, evaluations,
studies, information described in this section, as well as information about
any reports in progress, will be made publicly available in a timely manner,
including through electronic means (such as the website of the Department of
Education and other relevant government agency websites) in order to inform the
public about the research and activities performed under this
title.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H73F561820CB84295A0F2A08C9F2376E6">
<enum>
(3)
</enum>
<text>
in subsection
(d)(1), in the second sentence, by inserting before the period the following:
<quote>
, and shall not be an employee of the Department of Education during the
90-day period before such appointment
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="H3F61053B9E984F3881873E1A03D8BB89">
<enum>
(4)
</enum>
<text>
in subsection
(f)(1), by striking the second sentence and inserting the following:
<quote>
The
scientific peer review shall be conducted by individuals who are not Department
of Education employees, who are scientists or other experts in the disability
and rehabilitation field (including the independent living field), including
individuals with disabilities and the individuals’ representatives, and who
have sufficient knowledge to review applications for the financial assistance.
Such panel shall include a member of the covered school community (for any
activity resulting in educational materials or a product to be used in a
covered school), a member of the business community (for an activity resulting
in a product to be used in an employment activity), a member of the assistive
technology community (for an activity relating to assistive technology), and an
accessible electronic and information technology vendor or manufacturer (for an
activity relating to accessible electronic and information technology). The
peer review panel shall include a director of a designated State unit for a
panel that considers research related to the operation or administration of the
vocational rehabilitation program.
</quote>
;
</text>
</paragraph>
<paragraph id="HCF1555CCB0BC45CD946780927DA34FB5">
<enum>
(5)
</enum>
<text>
in subsection
(h)—
</text>
<subparagraph id="H0D5779AC7013408BB792B47760112A90">
<enum>
(A)
</enum>
<text>
in paragraph
(1)(A)—
</text>
<clause id="HE9ADCE52094F43B98DACB2A31209269D">
<enum>
(i)
</enum>
<text>
by
inserting
<quote>
disability and
</quote>
after
<quote>
priorities for
</quote>
;
and
</text>
</clause>
<clause id="H8CBADD892F05499DB9E48C7786AA041E">
<enum>
(ii)
</enum>
<text>
by
inserting
<quote>
dissemination,
</quote>
after
<quote>
training,
</quote>
;
and
</text>
</clause>
</subparagraph>
<subparagraph id="HFDB3BD535B484460931BB7E5182AF0B9">
<enum>
(B)
</enum>
<text>
in paragraph
(2)(A), by striking
<quote>
, especially in the area of
employment
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HC324D092072E4BDABBB6FC126D6BCFB0">
<enum>
(6)
</enum>
<text>
by redesignating
subsections (i), (j), and (k), as subsections (j), (k), and (l),
respectively;
</text>
</paragraph>
<paragraph commented="no" id="H86E65748882C48B3A6612BD830CF0552">
<enum>
(7)
</enum>
<text>
by inserting after
subsection (h) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H132DD3F683B54CAA94CFCCD6ACCED9C3" style="OLC">
<subsection commented="no" id="H397AAB83D89C4D35B329C3EE9AF77023">
<enum>
(i)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="H23359715FAE3489293D77874F7BCF89C">
<enum>
(1)
</enum>
<text>
The Director shall
determine if entities that received financial assistance under this title are
complying with the applicable requirements of this Act and achieving measurable
goals, described in section 204(d)(2), that are consistent with the
requirements of the programs under which the entities received the financial
assistance.
</text>
</paragraph>
<paragraph commented="no" id="H5D802F4B3CFF4E78924D0D17D1942534" indent="up1">
<enum>
(2)
</enum>
<text>
To assist the Director in carrying
out the responsibilities described in paragraph (1), the Director shall require
recipients of financial assistance under this title to submit relevant
information to evaluate program outcomes with respect to the measurable goals
described in section 204(d)(2) pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/34/75">
section 75.118
</external-xref>
of title 34, Code of
Federal
Regulations.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H3D59C4B8EC1144C99D9EE8292C26198C">
<enum>
(8)
</enum>
<text>
in subsection (k),
as redesignated by paragraph (6), by striking paragraph (3); and
</text>
</paragraph>
<paragraph commented="no" id="H71A23659C97942B4A7F83C6466FA6D38">
<enum>
(9)
</enum>
<text>
by striking
subsection (l), as redesignated by paragraph (6), and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HE84133ED34FD41BEB49BB62A6C9B1539" style="OLC">
<subsection commented="no" id="H1C5D91DC794D41BD9826A842379501B9">
<enum>
(l)
</enum>
<text>
The Director shall
make grants to institutions of higher education for the training of
rehabilitation researchers, including individuals with disabilities and
traditionally underserved populations of individuals with disabilities, as
described in section 21, with particular attention to research areas
that—
</text>
<paragraph commented="no" id="H20CDBADC47F54697A6D91BA6A0F9233A">
<enum>
(1)
</enum>
<text>
support the
implementation and objectives of this Act; and
</text>
</paragraph>
<paragraph commented="no" id="HDD6768448EE04018A226ACC520733551">
<enum>
(2)
</enum>
<text>
improve the
effectiveness of services authorized under this Act.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="HB6D412B82E6A495995029CBAF050522B">
<enum>
(m)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="HFD8FC1931F8346F490D86C3A3ECC55A8">
<enum>
(1)
</enum>
<text>
Not later than December
31 of each year, the Director shall prepare, and submit to the Secretary, the
Committee on Health, Education, Labor, and Pensions of the Senate, and the
Committee on Education and the Workforce of the House of Representatives, a
report on the activities funded under this title.
</text>
</paragraph>
<paragraph commented="no" id="H9D6C8C70B8844C2199302F90EF943DC8" indent="up1">
<enum>
(2)
</enum>
<text>
The report under paragraph (1) shall
include—
</text>
<subparagraph commented="no" id="HA6DD5436161E4BFE8F8B8E83A1D854DB">
<enum>
(A)
</enum>
<text>
a compilation and summary of the
information provided by recipients of financial assistance for such activities
under this title;
</text>
</subparagraph>
<subparagraph commented="no" id="HA1AE7B8C59FD42E98698E341DE93F74D">
<enum>
(B)
</enum>
<text>
a summary of recipients of financial
assistance received under this title and the progress of the recipients of
financial assistance in achieving the measurable goals described in section
204(d)(2); and
</text>
</subparagraph>
<subparagraph commented="no" id="H737B03201C1946C6A7BC1F63BEBE0BE3">
<enum>
(C)
</enum>
<text>
a summary of practical implications of
research outcomes and anticipated next steps.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection commented="no" id="H11D073BFB23E4EF48CB65DB5C52CD279">
<enum>
(n)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="H488854DB82F8421D90806C1EA4804A38">
<enum>
(1)
</enum>
<text>
If the Director
determines that an entity that receives financial assistance under this title
fails to comply with the applicable requirements of this Act, or to make
progress toward achieving the measurable goals described in section 204(d)(2),
with respect to the covered activities involved, the Director shall enact
monitoring and enforcement measures pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/34/75">
section 75.253
</external-xref>
of title 34,
Code of Federal Regulations.
</text>
</paragraph>
<paragraph commented="no" id="H7ADAEBD4A0714F44B15B8DC97A90EDBC" indent="up1">
<enum>
(2)
</enum>
<text>
As part of the annual report required
under subsection (m), the Secretary shall describe each action taken by the
Secretary under paragraph (1) and the outcomes of such
action.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HE17F49BA11544B1E9FB4A80B33366D6F">
<enum>
434.
</enum>
<header>
Interagency
Committee
</header>
<text display-inline="no-display-inline">
Section 203 (29
U.S.C. 763) is amended—
</text>
<paragraph id="H24C0B19E1B22497986FF6788EBB927CF">
<enum>
(1)
</enum>
<text>
in subsection
(a)(1)—
</text>
<subparagraph id="H0D1D06A841C3484DB1992999EBB2A060">
<enum>
(A)
</enum>
<text>
by striking
<quote>
and cooperation
</quote>
and inserting
<quote>
, cooperation, and
collaboration
</quote>
;
</text>
</subparagraph>
<subparagraph id="H2E4B82D4F8B04BC4A279D034958D567C">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
disability and
</quote>
after
<quote>
agencies conducting
</quote>
;
</text>
</subparagraph>
<subparagraph id="HD9942D63031A4E0481750F8DE9C93CEC">
<enum>
(C)
</enum>
<text>
by inserting
<quote>
the Chairman of the National Council on Disability, the Assistant
Secretary for Disability Employment Policy, the Secretary of Defense, the
Director of the Office on Disability of the Department of Health and Human
Services,
</quote>
after
<quote>
Assistant Secretary for Special Education and
Rehabilitative Services,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HAAD9A962998D475AA517AD11B7D16A55">
<enum>
(D)
</enum>
<text>
by striking
<quote>
and the Director of the National Science Foundation.
</quote>
and
inserting
<quote>
the Director of the National Science Foundation, the Secretary
of Commerce, and the Administrator of the Small Business
Administration.
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HE175D99C44504D5BA478F741EFDF5B46">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H48FFFB122372466AA248E73EC9807311">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by striking
<quote>
from targeted individuals
</quote>
and inserting
<quote>
individuals with disabilities and their representatives
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="HC22D019AAC5D4547AAFCF7D0492F833C">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="HB3C66CDC95AA4D838BED7609C30463E7">
<enum>
(i)
</enum>
<text>
by
striking subparagraphs (A) and (B) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H921A4303730C494DB710A86A7041EA06" style="OLC">
<subparagraph id="H18751B7C615841F49AFCECD272C86A44">
<enum>
(A)
</enum>
<text>
share information
regarding the range of assistive technology research, rehabilitation research,
and research that incorporates the principles of universal design, that is
being carried out by members of the Committee and other Federal departments and
organizations;
</text>
</subparagraph>
<subparagraph id="H777BCD1E10D3407698F34F9CF39E8731">
<enum>
(B)
</enum>
<text>
identify and make
efforts to address, gaps in assistive technology research, rehabilitation
research, and research that incorporates the principles of universal design,
that are not being adequately
addressed;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HC3D3D2F80CFD4BB0ADEBFA6CC5FBC45A">
<enum>
(ii)
</enum>
<text>
in
subparagraph (D)—
</text>
<subclause id="H929532778F914EF9A5FC5BA976106C30">
<enum>
(I)
</enum>
<text>
by striking
<quote>
and research that incorporates the principles of universal
design
</quote>
and inserting
<quote>
, rehabilitation research, and research
that incorporates the principles of universal design
</quote>
; and
</text>
</subclause>
<subclause id="H9C438242F9574094B55E21FE00935854">
<enum>
(II)
</enum>
<text>
by striking
<quote>
and
</quote>
after the semicolon; and
</text>
</subclause>
</clause>
<clause id="HA2908AA5A66F4C2EB9A188CE059F667F">
<enum>
(iii)
</enum>
<text>
in
subparagraph (E), by striking
<quote>
and research that incorporates the
principles of universal design.
</quote>
and inserting
<quote>
, rehabilitation
research, and research that incorporates the principles of universal design;
and
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H1A2F234CBB2A4648978A2A8BDD266FF2">
<enum>
(3)
</enum>
<text>
by striking
subsection (d);
</text>
</paragraph>
<paragraph id="H041C17BCECD84197A79B32DCDB98D6A6">
<enum>
(4)
</enum>
<text>
by redesignating
subsection (c) as subsection (d);
</text>
</paragraph>
<paragraph id="H16605872BDF0440E99AD0EA1420D7746">
<enum>
(5)
</enum>
<text>
by inserting after
subsection (b) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4FAA2D62C185443E9A7313FF1B567617" style="OLC">
<subsection id="HB0CB478D87624919AE6FF5023D7E7D9B">
<enum>
(c)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="H6174EFEFD5C94871B5D7A2D7CC91B3B8">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
Not later than 2 years after the date of
enactment of the Workforce Investment Act of 2012, and periodically thereafter,
the Committee shall host a disability and rehabilitation research summit, for
the purposes of establishing a research agenda to ensure projects are relevant
and applicable, bringing together policymakers, representatives from Federal
agencies conducting disability and rehabilitation research, nongovernmental
funders of rehabilitation research, and organizations representing individuals
with disabilities, researchers, and providers.
</text>
</paragraph>
<paragraph id="HC4583D8D49624BCC9681F1D39AB7CB49" indent="up1">
<enum>
(2)
</enum>
<text>
Based on the proceedings of the
summit described in paragraph (1), the Committee shall develop a comprehensive
Government-wide strategic plan for disability and rehabilitation research. The
strategic plan shall include measurable goals and objectives, action-oriented
measures, timetables, budgets, and assignment of responsible individuals and
agencies for carrying out research activities. At a minimum, the strategic plan
shall include—
</text>
<subparagraph id="HFF842AAB73324C47930A18F2493A51EA">
<enum>
(A)
</enum>
<text>
research priorities and
recommendations;
</text>
</subparagraph>
<subparagraph id="H25ABE82D47924887B8F54082A5DE9097">
<enum>
(B)
</enum>
<text>
the development of a searchable
Government-wide inventory of disability and rehabilitation research for trend
and data analysis across Federal agencies;
</text>
</subparagraph>
<subparagraph id="H692CA78B10EA4990B39B5B1D0C9DEFE6">
<enum>
(C)
</enum>
<text>
a set of guiding principles and
policies and procedures for conducting and administering disability and
rehabilitation research across Federal agencies; and
</text>
</subparagraph>
<subparagraph id="H875DB8CDEE664B3E83E2D8E032367C4D">
<enum>
(D)
</enum>
<text>
a summary of underemphasized and of
duplicative areas of research.
</text>
</subparagraph>
</paragraph>
<paragraph id="HDC1DDCE204DE403A94FD1FD8D41559A0" indent="up1">
<enum>
(3)
</enum>
<text>
Not later than 90 days after the
conclusion of the summit described in paragraph (1), the strategic plan
described in paragraph (2) shall be submitted to the President and the
Committee on Health, Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House of
Representatives.
</text>
</paragraph>
<paragraph id="HF3F2B11BF7E64245943FA270B8A2FB80" indent="up1">
<enum>
(4)
</enum>
<text>
The annual report prepared by the
Committee under subsection (d) shall include an annual accounting of the
progress made in implementing the strategic plan described in paragraph (2),
including achievement of measurable goals and objectives, timetables, budgets,
and the assignment of responsible individuals and agencies.
</text>
</paragraph>
<paragraph commented="no" id="HFCE54E2755AF43AD9B399196662226D1" indent="up1">
<enum>
(5)
</enum>
<text>
The Committee shall have the
authority to facilitate collaborative projects among Federal agencies by
receiving the transfer of funds from such
agencies.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H5C061EB10D4A41A8BAF99E65DC6C03C9">
<enum>
(6)
</enum>
<text>
in subsection (d),
as redesignated by paragraph (4), by striking paragraph (1) and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H7092DD350A9D4B908A4DE0085564D634" style="OLC">
<paragraph id="H163FCC7F655E48E79A4B8E0E4905374A">
<enum>
(1)
</enum>
<text>
describes the
progress of the Committee in fulfilling the duties described in subsections (b)
and (c), and including specifically for subsection (c)—
</text>
<subparagraph id="HF68930869FAE4B5EB6EF800BC9A5FB87">
<enum>
(A)
</enum>
<text>
a report of the
progress made in implementing the strategic plan;
</text>
</subparagraph>
<subparagraph id="H0D877880679542F1806EB80440AD6E5B">
<enum>
(B)
</enum>
<text>
a description of
the achievement of measurable goals, objectives, and timetables;
</text>
</subparagraph>
<subparagraph id="HF32FE08435044652B5BC9E6552D85F40">
<enum>
(C)
</enum>
<text>
detailed budgetary
information; and
</text>
</subparagraph>
<subparagraph id="H95E93E58B2194BD28E193153C065AB43">
<enum>
(D)
</enum>
<text>
the assignment of
responsible individuals and agencies.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H3FA1A23E41334DD389561F28B258600D">
<enum>
(7)
</enum>
<text>
in subsection
(e)—
</text>
<subparagraph id="H852388D274204DD48C5EFCC6FC744AB6">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subparagraph>
<subparagraph id="HD10ADF1DB0D449048034668158624DD0">
<enum>
(B)
</enum>
<text>
in paragraph (2),
by striking the period at the end and inserting
<quote>
; and
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="HB8A72F38787443F482AFC5F073C4A6F3">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H79B0066679D94A88A3B3D918720D1B91" style="OLC">
<paragraph id="H6AAD292E982C4CE88F65211DFD6ECCE9">
<enum>
(3)
</enum>
<text>
the term
<term>
rehabilitation research
</term>
means research on issues and topics
related to attaining maximum self sufficiency and function by individuals with
disabilities, including research on assistive technology and universal design,
employment, education, health and function, and community integration and
participation.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section id="HA8DCA8877BF84E8ABAF7EBD639BAE442">
<enum>
435.
</enum>
<header>
Research and
other covered activities
</header>
<text display-inline="no-display-inline">
Section 204 (
<external-xref legal-doc="usc" parsable-cite="usc/20/764">
20 U.S.C. 764
</external-xref>
) is
amended—
</text>
<paragraph id="HE24D90BE1C034D65A95C246937013F76">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (a)—
</text>
<subparagraph id="H28F05BE27E0D4772B85AB8BE7C9B9099">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="HAEECA0E0E7F946E5992EB216D609C29A">
<enum>
(i)
</enum>
<text>
by
inserting
<quote>
have practical real life applications and
</quote>
before
<quote>
maximize
</quote>
; and
</text>
</clause>
<clause id="H9CFAA7BEC079443AA77DFAD262D6E4ED">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
employment, independent living,
</quote>
and inserting
<quote>
employment, education, independent living, health and health
care,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HC3C71901F18A4C7B92808464BD78AB1C">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="HEB807F3C8A4F46BAAFF564580DA49F12">
<enum>
(i)
</enum>
<text>
in
subparagraph (A), by inserting
<quote>
and from which the research findings can
be transferred to practice
</quote>
after
<quote>
State agencies
</quote>
;
and
</text>
</clause>
<clause id="H57801E78161A4515BED414C4912DB7B7">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B)—
</text>
<subclause id="H6A01F8944D9146A3B3FA20B2B9E993D0">
<enum>
(I)
</enum>
<text>
by striking clause
(ii) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3DB637C4E4E84DF181793F68C181C0E5" style="OLC">
<clause id="H251F74C00B38478D971A16724EDB9456" indent="up2">
<enum>
(ii)
</enum>
<text>
studies and analysis of policies and
the interaction of how particular factors (industrial, vocational, educational,
employment, social, recreational, psychiatric, psychological, economic, and
health and health care), including for traditionally underserved populations as
described in section 21, affect the rehabilitation of individuals with
disabilities;
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="HFA791BA1023648D394E0902B52DAF4E5">
<enum>
(II)
</enum>
<text>
in clause (iii),
by striking
<quote>
are homebound
</quote>
and inserting
<quote>
have significant
challenges attempting to engage with community life outside of their
homes
</quote>
;
</text>
</subclause>
<subclause id="H0D76B20AC576414FA85900D1DB29F5FD">
<enum>
(III)
</enum>
<text>
in clause (iv),
by inserting
<quote>
, including the principles of universal design and the
interoperability of products and services
</quote>
after
<quote>
disabilities
</quote>
;
</text>
</subclause>
<subclause id="H22989AA56B074DE180D86C81F8068BEF">
<enum>
(IV)
</enum>
<text>
in clause (v), by
inserting
<quote>
, and to promote employment opportunities in competitive
integrated employment
</quote>
after
<quote>
employment
</quote>
;
</text>
</subclause>
<subclause id="HF409D56E7E714017B429DF733CFD1282">
<enum>
(V)
</enum>
<text>
in clause (vi), by
striking
<quote>
and
</quote>
after the semicolon;
</text>
</subclause>
<subclause id="HD499EAFDB941486EAF2E3FF95455262D">
<enum>
(VI)
</enum>
<text>
in clause (vii),
by striking
<quote>
and assistive technology.
</quote>
and inserting
<quote>
,
assistive technology, and communications technology; and
</quote>
; and
</text>
</subclause>
<subclause id="H1ACAC4FBC6E7490EBFCC6C62BBC5B504">
<enum>
(VII)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF68B765157C147BC9D7BFD5FCA039BD1" style="OLC">
<clause id="H746FCB19B5BC4113B9F02B717CD6694C" indent="up2">
<enum>
(viii)
</enum>
<text>
studies, analyses, and other
activities affecting employment outcomes as defined in section 7(11), including
self-employment and telecommuting, of individuals with
disabilities.
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H9F8C003D7A784AD89B1319674C144E20">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3531F07568864B6EA6F52FCB226DC4FC" style="OLC">
<paragraph id="H4F7274F973ED4529BEE624B890FB31E3" indent="up1">
<enum>
(3)
</enum>
<text>
In carrying out this section, the
Director shall emphasize covered activities that include plans for—
</text>
<subparagraph id="H448A347828AD4574B57154079D4AD698">
<enum>
(A)
</enum>
<text>
dissemination of high quality
materials, scientifically valid research results, or findings, conclusions, and
recommendations resulting from covered activities, including through electronic
means (such as the website of the Department of Education), so that such
information is available in a timely manner to the general public; or
</text>
</subparagraph>
<subparagraph id="H2846A66E7097470B970F68DE298F7703">
<enum>
(B)
</enum>
<text>
the commercialization of marketable
products, research results, or findings, resulting from the covered
activities.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HA3377FEFDBAE40B39989365C8E7F3FEB">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H65CD3AC4993E47CF9E622DC6755E966E">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by striking
<quote>
(18)
</quote>
both places the term appears and inserting
<quote>
(17)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H1792AC5B08EC48138346422793E0CF2E">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H3E52B71ACDAE48FEBD80CA1C801BDAB6">
<enum>
(i)
</enum>
<text>
in
subparagraph (A), by striking clauses (i) and (ii) and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HB0515CE278594B4EAD16BDEF12DF3268" style="OLC">
<clause id="H6553315C868440EEA43303B3E251628D" indent="up2">
<enum>
(i)
</enum>
<text>
be operated in collaboration with
institutions of higher education or providers of rehabilitation services,
developers or providers of assistive technology devices, assistive technology
services, or information technology devices or services, or providers of other
appropriate services; and
</text>
</clause>
<clause id="HFADEC3E9945145B4BFDCE349C22F6565" indent="up2">
<enum>
(ii)
</enum>
<text>
serve as centers of national
excellence and national or regional resources for individuals with
disabilities, as well as providers, educators, and
researchers.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H68CFD2BF38C7425A80A2F5A69D6AAC46">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B)—
</text>
<subclause id="HFC771431026D46A1850F1A5C63B58935">
<enum>
(I)
</enum>
<text>
in clause (i), by
striking
<quote>
alleviate or stabilize
</quote>
and all that follows through the
semicolon and inserting
<quote>
maximize health and function (including
alleviating or stabilizing conditions, or preventing secondary conditions), and
promote maximum social and economic independence of individuals with
disabilities, including promoting the ability of the individuals to prepare
for, secure, retain, regain, or advance in employment;
</quote>
;
</text>
</subclause>
<subclause id="HE1CFBEF3BACB4AC7A60C20A4506648A9">
<enum>
(II)
</enum>
<text>
in clause (iii),
by striking
<quote>
and
</quote>
after the semicolon; and
</text>
</subclause>
<subclause id="HC6CF69AA40F3473091CE7D464A7D65C6">
<enum>
(III)
</enum>
<text>
by striking
clause (iv) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB07C731AD94943E4A48E464BD9D1DBEF" style="OLC">
<clause id="H4D23F426A3B947FA91DCA0F9ADF832A6" indent="up2">
<enum>
(iv)
</enum>
<text>
serving as an informational and
technical assistance resource to individuals with disabilities, as well as to
providers, educators, and researchers, through conferences, workshops, public
education programs, in-service training programs, and similar activities and
providing knowledge translation to promote the use of research findings through
training, technical assistance, and dissemination, including identifying
potential new areas of research; and
</text>
</clause>
<clause id="HBC91CB9EB9284CA597CE387A13547E70" indent="up2">
<enum>
(v)
</enum>
<text>
developing practical applications for
the findings of the research of the
Centers.
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="HF7D4331C1B214647BF74A513E3DEC46F">
<enum>
(iii)
</enum>
<text>
in
subparagraph (C)—
</text>
<subclause id="H7D5F8AF0C1E04ECF8E35F58984EAE545">
<enum>
(I)
</enum>
<text>
in clause (i), by
inserting
<quote>
, including research on assistive technology devices,
assistive technology services, and accessible electronic and information
technology devices
</quote>
after
<quote>
research
</quote>
;
</text>
</subclause>
<subclause id="H8AF2345D10AD40438CE9320D9CFFE1B4">
<enum>
(II)
</enum>
<text>
in clause (ii),
by striking
<quote>
and social
</quote>
and inserting
<quote>
, social, and
economic
</quote>
;
</text>
</subclause>
<subclause id="HB80BCBF561B74CDA80960FB240F514B8">
<enum>
(III)
</enum>
<text>
by striking
clauses (iii) through (vi) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H42260A747FA949B8A3008E30BB625310" style="OLC">
<clause id="H35D2AFA9277546FDAB134E4C459C585A" indent="up2">
<enum>
(iii)
</enum>
<text>
improving the evaluation process for
determining the assistive technology needs of individuals with
disabilities;
</text>
</clause>
<clause id="H4F87CCE2A71C4F3D9D57FE2FB21D72FF" indent="up2">
<enum>
(iv)
</enum>
<text>
research related to vocational
rehabilitation, including the use of assistive technology devices and
accessible electronic and information technology devices in employment;
</text>
</clause>
<clause id="H66F66E8D44FC4C288AEB82E0D86569CA" indent="up2">
<enum>
(v)
</enum>
<text>
continuation of research that promotes
the emotional, social, educational, and functional growth of children who are
individuals with disabilities, as well as their integration in school,
employment, and community activities;
</text>
</clause>
<clause id="H71CDBA190BCB40D7B14EC491339A3A49" indent="up2">
<enum>
(vi)
</enum>
<text>
continuation of research to develop
and evaluate interventions, policies, and services that support families of
children and adults who are individuals with disabilities;
</text>
</clause>
<clause id="H7E56A342065A4FBCAAD99E7A99AD7626" indent="up2">
<enum>
(vii)
</enum>
<text>
continuation of research that will
improve services and policies that foster the independence and social
integration of individuals with disabilities, and enable individuals with
disabilities, including individuals with intellectual disabilities and other
developmental disabilities, to live in their communities; and
</text>
</clause>
<clause id="H3ECDADD556154A4790878F210C3EFF5D" indent="up2">
<enum>
(viii)
</enum>
<text>
research, dissemination, and
technical assistance on best practices in supported employment and other
strategies to promote competitive integrated employment for persons with the
most significant
disabilities.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="HFB8265BE257B4122BFDE8DC1498D2024">
<enum>
(IV)
</enum>
<text>
by striking
subparagraph (D) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H194B634F8814425A908020A596C4B01E" style="OLC">
<subparagraph id="H824479C6F8FF4C94B1F9A9394C0CEE6A" indent="up2">
<enum>
(D)
</enum>
<text>
Training of students preparing to be
rehabilitation personnel or to provide rehabilitative, assistive, or supportive
services (such as rehabilitation counseling, personal care services, direct
care, job coaching, aides in school based setting, or advice or assistance in
utilizing assistive technology devices, assistive technology services, and
accessible electronic and information technology devices and services) shall be
an important priority for each such
Center.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H88ACBAE668624EC984409BBE57268FE2">
<enum>
(V)
</enum>
<text>
by striking
subparagraph (I); and
</text>
</subclause>
<subclause id="HBDCE9E172CB4419F8EFAFF741ABE50D1">
<enum>
(VI)
</enum>
<text>
by redesignating
subparagraphs (J) through (O) as subparagraphs (I) through (N),
respectively;
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H194AF54CD7764E2092F0EB7372239A23">
<enum>
(C)
</enum>
<text>
in paragraph
(3)—
</text>
<clause id="HB01A52FC2AC74F89B2812D3DFA2572D7">
<enum>
(i)
</enum>
<text>
in
subparagraph (B)—
</text>
<subclause id="H0B580451FFCD4EFF922B18EB092E8BFC">
<enum>
(I)
</enum>
<text>
in clause
(ii)(II), by striking
<quote>
employment
</quote>
and inserting
<quote>
educational, employment,
</quote>
; and
</text>
</subclause>
<subclause id="H21FA6AE88F4C4BB2A16DACB32123132A">
<enum>
(II)
</enum>
<text>
in clause
(iii)(II), by striking
<quote>
employment
</quote>
and inserting
<quote>
educational, employment,
</quote>
;
</text>
</subclause>
</clause>
<clause id="H48386666B6324910AA6954C616452097">
<enum>
(ii)
</enum>
<text>
in
subparagraph (D)(ii), by adding at the end the following:
<quote>
Each such
Center conducting an activity relating to assistive technology or relating to
accessible electronic and information technology shall include in the advisory
committee a member of the assistive technology or accessible electronic and
information technology community, respectively. Each such Center conducting an
activity resulting in educational materials or a product to be used in a
covered school, or resulting in a product to be used in an employment activity,
shall include in the advisory committee a member of the covered school
community, or a member of the business community, respectively.
</quote>
;
and
</text>
</clause>
<clause id="H24479DF8965D4CEFBDEF558F4A102A0F">
<enum>
(iii)
</enum>
<text>
in
subparagraph (G)(ii), by inserting
<quote>
the success of any commercialized
product researched or developed through the Center,
</quote>
after
<quote>
individuals with disabilities,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H31BE22353E8A4797895A0BC9C840CCDB">
<enum>
(D)
</enum>
<text>
in paragraph
(4)(B)—
</text>
<clause id="H048627C7ED7043AAAFA9719C10861E24">
<enum>
(i)
</enum>
<text>
in
clause (i)—
</text>
<subclause id="H9047310B4CD34641AEB83EA4AB2CB52C">
<enum>
(I)
</enum>
<text>
by striking
<quote>
special
</quote>
and inserting
<quote>
unique
</quote>
; and
</text>
</subclause>
<subclause id="H473EA2E91F7D4AFF9E339AC5D3199934">
<enum>
(II)
</enum>
<text>
by inserting
<quote>
social and functional needs, and
</quote>
before
<quote>
acute
care
</quote>
; and
</text>
</subclause>
</clause>
<clause id="H23D29BE19E4A4A83806D556CABF7539D">
<enum>
(ii)
</enum>
<text>
in
clause (iv), by inserting
<quote>
education, health and health care,
</quote>
after
<quote>
employment,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H6417D385B436470FB7147ADA5778CE78">
<enum>
(E)
</enum>
<text>
in paragraph
(8)—
</text>
<clause commented="no" id="H89BEC7A568B9420BA88CF6102D7701AB">
<enum>
(i)
</enum>
<text>
by striking
<quote>
Veteran’s Administration
</quote>
and inserting
<quote>
Department of
Veterans Affairs, the Department of Defense, the Substance Abuse and Mental
Health Services Administration, the Federal Communications Commission,
</quote>
;
and
</text>
</clause>
<clause commented="no" id="HF0B70D63E7B547D09490DE64682A4794">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
the Department of Commerce, the Small Business Administration, the
Department of Labor,
</quote>
after
<quote>
Space Administration,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H19DAD75963FA4DC7AD71C70DD9017723">
<enum>
(F)
</enum>
<text>
by striking
paragraphs (9) and (11);
</text>
</subparagraph>
<subparagraph id="HE651654A97854A9FB4D2F44006414A45">
<enum>
(G)
</enum>
<text>
by redesignating
paragraphs (10), (12), (13), (14), (15), (16), (17), and (18), as paragraphs
(9), (10), (11), (12), (13), (14), (15), and (16), respectively;
</text>
</subparagraph>
<subparagraph id="H8D93E6C878D043B882C65E2D02614278">
<enum>
(H)
</enum>
<text>
in paragraph (11),
as redesignated by subparagraph (G)—
</text>
<clause id="H6B9891AFD0B74171A8957764B1919025">
<enum>
(i)
</enum>
<text>
in
the matter preceding subparagraph (A), by striking
<quote>
employment needs of
individuals with disabilities,
</quote>
and inserting
<quote>
employment needs,
opportunities, and outcomes (including those relating to self-employment,
supported employment, and telecommuting) of individuals with disabilities,
including older individuals with disabilities, students with disabilities who
are transitioning from school to postsecondary life, including employment, and
out of school youth with disabilities,
</quote>
;
</text>
</clause>
<clause id="H981CAE1871E0491983FEA09BC4DB2C9C">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B), by inserting
<quote>
and employment related
</quote>
after
<quote>
the employment
</quote>
;
</text>
</clause>
<clause id="H184878E531974A79A2B2094594E5C2E0">
<enum>
(iii)
</enum>
<text>
in
subparagraph (E), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</clause>
<clause id="H2BBF15FBD9B549ACADC47E5DC30CD68A">
<enum>
(iv)
</enum>
<text>
in
subparagraph (F), by striking the period at the end and inserting
<quote>
;
and
</quote>
; and
</text>
</clause>
<clause id="H1D9DE2A32ACF4CA792B4C0A87C242BE1">
<enum>
(v)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1B4AD5D7FC974D9689ED9C2D4B5DB834" style="OLC">
<subparagraph id="HE95495CC665849A382238F694B561D3A">
<enum>
(G)
</enum>
<text>
develop models and
alternatives to help transition sheltered workshops for individuals with
disabilities to competitive integrated employment for such individuals, and
develop recommendations for decreasing reliance on the special minimum wage
certificate program under section 14(c) of the Fair Labor Standards Act of 1938
(29 U.S.C.
214(c)).
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HDBF8FADCE1D64918BEAF5929893183C4">
<enum>
(I)
</enum>
<text>
in paragraph (14),
as redesignated by subparagraph (G), by striking
<quote>
and access to gainful
employment.
</quote>
and inserting
<quote>
, full participation, equal
opportunity, and economic self-sufficiency.
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H99EE3DBEFF1949FE92ABCFEE935E997B">
<enum>
(J)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2B3ED71F715A4819B0D1FEFAC1F73454" style="OLC">
<paragraph id="H021A030B3DAB449694BBCFEF9493D351" indent="up1">
<enum>
(17)
</enum>
<text>
Research grants may be used to
provide for research and training concerning the delivery of vocational
rehabilitation services. Such projects and activities may include projects and
activities designed to—
</text>
<subparagraph id="H85F8AD91FCFC402C9A666DA6B7A151F3">
<enum>
(A)
</enum>
<text>
identify, develop, and evaluate
evidence-based practices or policies that are effective in improving employment
outcomes for individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="H9CFF9EC913AA4EB0BCB67A12CBDF963B">
<enum>
(B)
</enum>
<text>
conduct research related to improving
the provision of services for underserved or special populations, such as
strategies to enhance employment services and outcomes for middle-aged and
older workers with disabilities or American Indians with disabilities;
</text>
</subparagraph>
<subparagraph id="H85C60931A833484FA0DF47D6E776286E">
<enum>
(C)
</enum>
<text>
conduct research on the delivery of
vocational rehabilitation services to rural areas;
</text>
</subparagraph>
<subparagraph id="H08F97045393D4126B620AB24237031D4">
<enum>
(D)
</enum>
<text>
demonstrate innovative models of
service delivery or testing methods of service delivery that have the potential
to improve the effectiveness of programs authorized under this Act, including
the use of assistive technology devices and accessible electronic and
information technology devices in employment;
</text>
</subparagraph>
<subparagraph id="HC5AEAABA586C4344A6AFE37406A0BBD7">
<enum>
(E)
</enum>
<text>
conduct research on ways to improve
the performance of State vocational rehabilitation agencies;
</text>
</subparagraph>
<subparagraph id="HE2ABBC9AADF6469B8316C58CF018F994">
<enum>
(F)
</enum>
<text>
disseminate and promote the
implementation of evidence-based practices identified through these activities;
and
</text>
</subparagraph>
<subparagraph id="H32860AC2BC3149989533DADB55880A66">
<enum>
(G)
</enum>
<text>
conduct rigorous evaluations of
programs and activities administered by the Rehabilitation Services
Administration or supported under this
Act.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H1864FED0C7984003892AE91DE8B40E23">
<enum>
(3)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF69F6CD6B2DE41CDBBFE751C6066268F" style="OLC">
<subsection id="H32182057CD5D4A7080CFD053D39D8864">
<enum>
(d)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="H812C9B3504C5466299D3EAD0A0E4EF8D">
<enum>
(1)
</enum>
<text>
The Director shall award
the grants, contracts, or other financial assistance under this title on a
competitive basis.
</text>
</paragraph>
<paragraph id="H5521E6A55EFA4CF2AFE5DF367EA197BA" indent="up1">
<enum>
(2)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H0F834816E9314DCE85864B54E8F32922">
<enum>
(A)
</enum>
<text>
To be eligible to
receive financial assistance under this section for a covered activity, an
entity shall submit an application to the Director at such time, in such
manner, and containing such information as the Director may require.
</text>
</subparagraph>
<subparagraph id="H29A6FDBB8C614953A73DCCC2D1D4B4C4" indent="up1">
<enum>
(B)
</enum>
<text>
The application shall include
information describing—
</text>
<clause id="H02328BAB1B7B43E0B83CCB0E87B7B9BB">
<enum>
(i)
</enum>
<text>
measurable goals, as established
through
<external-xref legal-doc="usc" parsable-cite="usc/31/1115">
section 1115
</external-xref>
of title 31, United States Code, and a timeline and
specific plan for meeting the goals, that the applicant has set for addressing
priorities related to—
</text>
<subclause id="HC42C2479D7A74F2489A02088B3CCF552">
<enum>
(I)
</enum>
<text>
commercialization of a marketable
product (including a marketable curriculum or research) resulting from the
covered activity;
</text>
</subclause>
<subclause id="H31686E689A40471998CC77C0C998BC5E">
<enum>
(II)
</enum>
<text>
in the case of a covered activity
relating to technology, technology transfer;
</text>
</subclause>
<subclause id="HA16C676E3F2E4147AEB294660F9FD6B9">
<enum>
(III)
</enum>
<text>
in the case of research,
dissemination of research results to, as applicable, Government entities,
individuals with disabilities, covered schools, the business community, the
assistive technology community, and the accessible electronic and information
technology community; and
</text>
</subclause>
<subclause id="H93D8F1A2F8EE4BBDA62FD26825334C2E">
<enum>
(IV)
</enum>
<text>
other priorities as required by
the Director; and
</text>
</subclause>
</clause>
<clause id="H36A1744E2568420D941BE84B6679D7D8">
<enum>
(ii)
</enum>
<text>
how the applicant will quantifiably
measure the goals to determine whether the goals have been accomplished.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HDB848EC7187048D58E8F659570F50241" indent="up1">
<enum>
(3)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H51C2CA40D94741138754F1ED396F2E2A">
<enum>
(A)
</enum>
<text>
In the case of an
application for financial assistance under this section to carry out a covered
activity that results in the development of a marketable product, the
application shall also include a commercialization and dissemination plan, as
appropriate, containing commercialization and marketing strategies for the
product involved, and strategies for disseminating information about the
product. The financial assistance shall not be used to carry out the
commercialization and marketing strategies.
</text>
</subparagraph>
<subparagraph id="H6872CEF58E574E17BFB435A7BF2FACC5" indent="up1">
<enum>
(B)
</enum>
<text>
In the case of any other application
for financial assistance to carry out a covered activity under this section,
the application shall also include a dissemination plan, containing strategies
for disseminating educational materials, research results, or findings,
conclusions, and recommendations, resulting from the covered
activity.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HB699451A9C0E4BCABC777FF8051C3862">
<enum>
436.
</enum>
<header>
Rehabilitation
Research Advisory Council
</header>
<text display-inline="no-display-inline">
Section 205 (
<external-xref legal-doc="usc" parsable-cite="usc/29/765">
29 U.S.C. 765
</external-xref>
) is
amended—
</text>
<paragraph id="H9CC08285B6C04AD58368EA455AE9D127">
<enum>
(1)
</enum>
<text>
in subsection (a),
by inserting
<quote>
not less than
</quote>
after
<quote>
composed of
</quote>
;
and
</text>
</paragraph>
<paragraph id="H2AE0B3A507B647FDBFD6A612B38E08C5">
<enum>
(2)
</enum>
<text>
by striking
subsection (c) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5D8E4C2B7EF64CA6ADF12AAEAF888D7E" style="OLC">
<subsection id="H31698FB8CFF0409A93BD531956524970">
<enum>
(c)
</enum>
<header>
Qualifications
</header>
<text>
Members
of the Council shall include representatives of rehabilitation professionals,
rehabilitation researchers, the directors of community rehabilitation programs,
the business community (including a representative of the small business
community) that has experience with the system of vocational rehabilitation
services carried out under this Act and with hiring individuals with
disabilities, assistive technology developers and manufacturers, information
technology vendors and manufacturers, entities carrying out programs under the
Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3001">
29 U.S.C. 3001 et seq.
</external-xref>
), covered school
professionals, individuals with disabilities, and the individuals’
representatives. At least one-half of the members shall be individuals with
disabilities or the individuals’
representatives.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HF9A737A5379E4B72A251BC505021F347">
<enum>
437.
</enum>
<header>
Definition of
covered school
</header>
<text display-inline="no-display-inline">
Title II (29
U.S.C. 760) is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE6FF643F4FD547A98B43D538DE88B905" style="OLC">
<section id="H94410FCC4E874F7FB44DFCD09B5DD757">
<enum>
206.
</enum>
<header>
Definition of
covered school
</header>
<text display-inline="no-display-inline">
In this title,
the term
<term>
covered school
</term>
means an elementary school or secondary
school (as such terms are defined in section 9101 of the Elementary and
Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/7801">
20 U.S.C. 7801
</external-xref>
)) or an institution of higher
education.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
<subtitle id="H096629BC9E9D4D4CB578228B914DA6CB">
<enum>
D
</enum>
<header>
Professional
Development and Special Projects and Demonstration
</header>
<section id="H50DFFA724818466DADA8E80962415DDA">
<enum>
441.
</enum>
<header>
Training
</header>
<text display-inline="no-display-inline">
Section 302 (
<external-xref legal-doc="usc" parsable-cite="usc/29/772">
29 U.S.C. 772
</external-xref>
) is
amended—
</text>
<paragraph id="HDF5007F948C34563BD73B9BE50827607">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="H299D229FF743494A9DAA7030F17AA7C9">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="HE0BE2057C4DA40BBB9DA320942396913">
<enum>
(i)
</enum>
<text>
in
subparagraph (E)—
</text>
<subclause id="H90100A34C44948F2A8BF0898767D90A9">
<enum>
(I)
</enum>
<text>
by striking all
after
<quote>
deliver
</quote>
and inserting
<quote>
supported employment services
and customized employment services to individuals with the most significant
disabilities
</quote>
; and
</text>
</subclause>
<subclause id="H242A251D679B43E78845FAB322944B83">
<enum>
(II)
</enum>
<text>
by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subclause>
</clause>
<clause id="H8253FD8D40954E139367C583593E4FBF">
<enum>
(ii)
</enum>
<text>
in
subparagraph (F), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</clause>
<clause id="H3F0197C9AA33429BB3A341F8C81FDD1F">
<enum>
(iii)
</enum>
<text>
in
subparagraph (G), by striking the period at the end and inserting
<quote>
;
and
</quote>
; and
</text>
</clause>
<clause id="H73CD1F296FB944BBBE6D0600642F3E33">
<enum>
(iv)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD76EB906947244B58ACF9B06AC9273D6" style="OLC">
<subparagraph id="H52C609E38789471FBCABB929DB764016">
<enum>
(H)
</enum>
<text>
personnel trained
in providing assistive technology
services.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H14D789F3C20D4574A8A446ABB07FDB9A">
<enum>
(2)
</enum>
<text>
in subsection
(b)(1)(B)(i), by striking
<quote>
or prosthetics and orthotics
</quote>
and
inserting
<quote>
prosthetics and orthotics, rehabilitation teaching for the
blind, or orientation and mobility instruction
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="H6443BF998FFA476ABCD571D0413C29DF">
<enum>
(3)
</enum>
<text>
in subsection
(g)—
</text>
<subparagraph commented="no" id="HF5CF0DD0B17847F784CE2A670294B8F7">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by adding after the period the following:
<quote>
Any technical assistance
provided to community rehabilitation programs shall be focused on the
employment outcome of competitive integrated employment for individuals with
disabilities.
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="HEB4C4DFDB21B44BEB264D56B8B2A00C1">
<enum>
(B)
</enum>
<text>
in paragraph
(3)—
</text>
<clause commented="no" id="H8835CFA43C684E27BDEF90034F087D98">
<enum>
(i)
</enum>
<text>
in subparagraph
(A), by striking clause (iv) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H45F4376DAA3244B480D5CFB04BDD0C21" style="OLC">
<clause commented="no" id="H494E53A32E5F4A8399A0745A94BDDE68">
<enum>
(iv)
</enum>
<text>
for the 2 years
following the date of enactment of the Workforce Investment Act of 2012, to
provide training regarding the amendments made to this
Act.
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
<clause commented="no" id="HB0D8A3F1CF2D40C2A08704FD3ECD6C1D">
<enum>
(ii)
</enum>
<text>
in subparagraph
(B), by striking
<quote>
on the date of enactment of the Rehabilitation Act
Amendments of 1998
</quote>
and inserting
<quote>
on the date of enactment of the
Workforce Investment Act of 2012
</quote>
; and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HBD3B5C33E3904A0393315CC51DE2D4A4">
<enum>
(4)
</enum>
<text>
in subsection (i),
by striking
<quote>
fiscal years 1999 through 2003
</quote>
and inserting
<quote>
fiscal years 2013 through 2017
</quote>
.
</text>
</paragraph>
</section>
<section id="H5D9A7CCCCEA94C0B95D34C7056740496">
<enum>
442.
</enum>
<header>
Demonstration
and training programs
</header>
<text display-inline="no-display-inline">
Section
303 (
<external-xref legal-doc="usc" parsable-cite="usc/29/773">
29 U.S.C. 773
</external-xref>
) is amended—
</text>
<paragraph id="H3C2419E710434EE7978D87D4BBED0A2C">
<enum>
(1)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H472E49BF52D047B68E7767932A83754F">
<enum>
(A)
</enum>
<text>
in paragraph
(5)—
</text>
<clause id="H5F72BE4E102F49499EA95695E5EA806E">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)—
</text>
<subclause id="HBB71EFA9E81440D891EA97CF9A9AF945">
<enum>
(I)
</enum>
<text>
by striking clause
(i) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H57B63E5493BB413C97A082AD1BACA384" style="OLC">
<clause id="H1D968FED8C2E4C63A2479F6C032416D6">
<enum>
(i)
</enum>
<text>
special projects
and demonstration programs focused on improving transition from education to
competitive integrated employment for youth who are individuals with
significant disabilities;
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="HD4217582C4834E43BA372300BB87F8DA">
<enum>
(II)
</enum>
<text>
by striking
clause (iii) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6F6965D7C4DD4F71A056211382D6379B" style="OLC">
<clause id="H4D3BFA486D684F2C98CDC51A38B66BE5">
<enum>
(iii)
</enum>
<text>
increasing
competitive integrated employment for individuals with significant
disabilities.
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H14ACC80982964F9A82EDA29DCA84D0F8">
<enum>
(B)
</enum>
<text>
by striking
paragraph (6);
</text>
</subparagraph>
</paragraph>
<paragraph id="HB46695DA06984E50A49528FD85C6ECAF">
<enum>
(2)
</enum>
<text>
in subsection
(c)(2)—
</text>
<subparagraph id="H9E908BD162184963A6595FBFAAE07EAE">
<enum>
(A)
</enum>
<text>
in subparagraph
(E), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subparagraph>
<subparagraph id="HA47DFDEE43524F579D0C2ADE120A9BD5">
<enum>
(B)
</enum>
<text>
by redesignating
subparagraph (F) as subparagraph (G); and
</text>
</subparagraph>
<subparagraph id="HA846D8409A354630B6E0917FB2F4086E">
<enum>
(C)
</enum>
<text>
by inserting after
subparagraph (E) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2877E4B0C012446A813AD7F08A69B245" style="OLC">
<subparagraph id="HCF01C827292C4A69A43309C6960F6BC7">
<enum>
(F)
</enum>
<text>
to provide support
and guidance in helping individuals with significant disabilities, including
students with disabilities, transition to competitive integrated employment;
and
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H0A3A5214CB514B0A83057177D10EF5B3">
<enum>
(3)
</enum>
<text>
by amending
subsection (e) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HE042747109D2497F80FDD129726A9657" style="OLC">
<subsection id="H2F296561F4E749A191D8EE7340122B7E">
<enum>
(e)
</enum>
<header>
Authorization of
appropriations
</header>
<text display-inline="yes-display-inline">
For the
purpose of carrying out this section (other than subsections (c) and (e)),
there are authorized to be appropriated such sums as may be necessary for each
of the fiscal years 2013 through
2017.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HC2CCC84C56F44962900EAB0948FB5908">
<enum>
443.
</enum>
<header>
Migrant and
seasonal farmworkers
</header>
<text display-inline="no-display-inline">
Section
304(b) (
<external-xref legal-doc="usc" parsable-cite="usc/29/774">
29 U.S.C. 774(b)
</external-xref>
) is amended by striking
<quote>
fiscal years 1999
through 2003
</quote>
and inserting
<quote>
fiscal years 2013 through
2017
</quote>
.
</text>
</section>
<section id="H6402C0EDA4754B91912302987DC4482F">
<enum>
444.
</enum>
<header>
Recreational
programs
</header>
<text display-inline="no-display-inline">
Section 305 (29
U.S.C. 776) is amended—
</text>
<paragraph id="HAC062EC7BC044F4BB3C07D07EDE3F481">
<enum>
(1)
</enum>
<text>
in subsection
(a)(1)(B), by striking
<quote>
construction of facilities for aquatic
rehabilitation therapy,
</quote>
; and
</text>
</paragraph>
<paragraph id="HD97B9F6316D740A997756FAB04F8E6BC">
<enum>
(2)
</enum>
<text>
in subsection (b),
by striking
<quote>
fiscal years 1999 through 2003
</quote>
and inserting
<quote>
fiscal years 2013 through 2017
</quote>
.
</text>
</paragraph>
</section>
</subtitle>
<subtitle id="H927B8972FFA2461EB947BAE0DEE81E21">
<enum>
E
</enum>
<header>
National Council
on Disability
</header>
<section id="H21315205CAE54999A52B0608908A9527">
<enum>
451.
</enum>
<header>
Report
</header>
<text display-inline="no-display-inline">
Section 401 (
<external-xref legal-doc="usc" parsable-cite="usc/29/781">
29 U.S.C. 781
</external-xref>
) is amended by
striking subsection (c).
</text>
</section>
<section id="HEB56570504284149AA893DAC457E2AA8">
<enum>
452.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
Section 405
(
<external-xref legal-doc="usc" parsable-cite="usc/29/785">
29 U.S.C. 785
</external-xref>
) is amended by striking
<quote>
fiscal years 1999 through
2003
</quote>
and inserting
<quote>
fiscal years 2013 through
2017
</quote>
.
</text>
</section>
</subtitle>
<subtitle id="HF48BA604C8984C1F9759DF5BBCC8709F">
<enum>
F
</enum>
<header>
Rights and
advocacy
</header>
<section id="HC41CC108253948F4A2447928896D2729">
<enum>
456.
</enum>
<header>
Board and
Council
</header>
<subsection id="HB6E288A3CA30463C8082C4E8D2652FEC">
<enum>
(a)
</enum>
<header>
Architectural
and transportation barriers compliance board
</header>
<text display-inline="yes-display-inline">
Section 502(j) (
<external-xref legal-doc="usc" parsable-cite="usc/29/792">
29 U.S.C. 792(j)
</external-xref>
) is
amended by striking
<quote>
1999 through 2003
</quote>
and inserting
<quote>
2013
through 2017
</quote>
.
</text>
</subsection>
<subsection id="H78721D48C10A4B53959EC2655BAFB108">
<enum>
(b)
</enum>
<header>
Program or
activity
</header>
<text display-inline="yes-display-inline">
Section 504(b)(2)(B)
(
<external-xref legal-doc="usc" parsable-cite="usc/29/794">
29 U.S.C. 794(b)(2)(B)
</external-xref>
) is amended by striking
<quote>
vocational
education
</quote>
and inserting
<quote>
career and technical
education
</quote>
.
</text>
</subsection>
<subsection id="H7EB499B961B7419781408B24936F4E15">
<enum>
(c)
</enum>
<header>
Interagency
Disability Coordinating Council
</header>
<text display-inline="yes-display-inline">
Section 507(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/794c">
29 U.S.C. 794c(a)
</external-xref>
) is
amended by inserting
<quote>
the Chairperson of the National Council on
Disability,
</quote>
before
<quote>
and such other
</quote>
.
</text>
</subsection>
</section>
<section id="H4E065F37962243008D6A7F94E8E2126A">
<enum>
457.
</enum>
<header>
Protection and
advocacy of individual rights
</header>
<text display-inline="no-display-inline">
Section 509 (
<external-xref legal-doc="usc" parsable-cite="usc/29/794e">
29 U.S.C. 794e
</external-xref>
) is
amended—
</text>
<paragraph id="H42DD40967405491581B84F5226585E37">
<enum>
(1)
</enum>
<text>
in subsection
(c)(1)(A), by inserting
<quote>
a grant or contract for
</quote>
before
<quote>
training
</quote>
;
</text>
</paragraph>
<paragraph id="HB41C7D6786BC4C598154CD1BF8A8116C">
<enum>
(2)
</enum>
<text>
in subsection
(f)—
</text>
<subparagraph id="H03D37740AAE948B09209B932D46C40E4">
<enum>
(A)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="HF2524DC182B94242BE127AE03DA21369">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
general
</quote>
and all that follows through
<quote>
records
</quote>
and inserting
<quote>
general authorities (including
rights and remedies), including the authority to access records
</quote>
;
and
</text>
</clause>
<clause id="H1F9F28984A3E47079C278BFFD6B124AA">
<enum>
(ii)
</enum>
<text>
by
inserting
<quote>
of title I
</quote>
after
<quote>
subtitle C
</quote>
;
and
</text>
</clause>
</subparagraph>
<subparagraph id="H3487192ACEBF4A118C95A1672EB6F43A">
<enum>
(B)
</enum>
<text>
in paragraph (3),
by striking
<quote>
authority
</quote>
and inserting
<quote>
authority (including
the right)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H84312A906CB9483DB317134CCCFB9824">
<enum>
(3)
</enum>
<text>
in subsection
(g)(2), by striking
<quote>
was paid
</quote>
and all that follows and inserting
<quote>
was paid, except that program income generated from the amount paid to
an eligible system for a fiscal year shall remain available to such system in
accordance with section 19 of this Act.
</quote>
;
</text>
</paragraph>
<paragraph id="H21692CFCBDB642A89640B0A863CC3557">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
in subsection (l), by striking
<quote>
1999
through 2003
</quote>
and inserting
<quote>
2013 through 2017
</quote>
;
</text>
</paragraph>
<paragraph id="H695845B397EE478CB612931249CE3B01">
<enum>
(5)
</enum>
<text>
by redesignating
subsections (l) and (m) as subsections (m) and (n), respectively; and
</text>
</paragraph>
<paragraph id="HD4D0A2E2B8A349BDAC27D8B0BE229AD5">
<enum>
(6)
</enum>
<text>
by inserting after
subsection (k) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H43CD3483059645FDB751F995F318F732" style="OLC">
<subsection id="H4005A90F3B264E10937C83B46AACDAFC">
<enum>
(l)
</enum>
<header>
System
authority
</header>
<text>
For purposes of serving persons eligible for services
under this section, an eligible system shall have the same general authorities,
including access to records, as the system is afforded under subtitle C of
title I of the Developmental Disabilities Assistance and Bill of Rights Act of
2000 (
<external-xref legal-doc="usc" parsable-cite="usc/42/15041">
42 U.S.C. 15041 et seq.
</external-xref>
), as determined by the Commissioner of the
Administration on Developmental
Disabilities.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HE38A4D093C9D40F890000D8EE97C8011">
<enum>
458.
</enum>
<header>
Standards for
accessible medical diagnostic equipment
</header>
<text display-inline="no-display-inline">
Section 510 (
<external-xref legal-doc="usc" parsable-cite="usc/29/794f">
29 U.S.C. 794f
</external-xref>
) is
amended—
</text>
<paragraph id="HB6C28ED3B16A48FFA0D848438C2BD717">
<enum>
(1)
</enum>
<text>
by redesignating
subsection (c) as subsection (d);
</text>
</paragraph>
<paragraph id="H503B12BA52B549B6B147A2DA9F000FBC">
<enum>
(2)
</enum>
<text>
by inserting after
subsection (b) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H234C1850A47944CF9368BEF46BBD1228" style="OLC">
<subsection id="H993656B730324024970BE20FB0A3D6C1">
<enum>
(c)
</enum>
<header>
Regulations
</header>
<text>
Not
later than 6 months after the date of the issuance of the standards under
subsection (a), each appropriate Federal agency authorized to promulgate
regulations under section 504 or the Americans with Disabilities Act of 1990
shall prescribe regulations in an accessible format, to the extent necessary to
carry out the provisions of this section, section 504, and the Americans with
Disabilities Act of 1990, as applicable, that include accessibility standards
that are consistent with the standards issued under subsection
(a).
</text>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H0125FBD9A00C4A6FBEA7475FAA0FE79A">
<enum>
(3)
</enum>
<text>
in subsection (d),
as redesignated by paragraph (1), by adding at the end the following:
<quote>
Not later than 6 months after the date of the issuance of such amended
standards, each Federal agency covered by subsection (c) shall prescribe
revised regulations, in an accessible format, that are consistent with the
amended standards.
</quote>
.
</text>
</paragraph>
</section>
</subtitle>
<subtitle id="HCF8E70575F9A494ABE62282F6E128C28">
<enum>
G
</enum>
<header>
Employment
Opportunities for Individuals With Disabilities
</header>
<section id="H569EBA01D4E34EED9104734B1D9EC008">
<enum>
461.
</enum>
<header>
Projects with
industry
</header>
<text display-inline="no-display-inline">
Section 611 (29
U.S.C. 795) is amended—
</text>
<paragraph id="HFEAEC923B4C349E393BFEC55FCB81F08">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="H4E6F31C56ADE4D1EB3AFACEAAAC39620">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="H185DB7153CDF4B5A89DC712817075324">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
in the competitive
</quote>
and inserting
<quote>
in competitive
integrated employment in the
</quote>
; and
</text>
</clause>
<clause id="H39FD19DE6E3C4D8AA3BE117812354C24">
<enum>
(ii)
</enum>
<text>
by
inserting
<quote>
locally
</quote>
after
<quote>
career
advancement
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HAAE4B15B76844C1BB3AE27EB4F2600BB">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H175067BE861943AEAFE27A90D52FA0EA">
<enum>
(i)
</enum>
<text>
in
the matter preceding subparagraph (A)—
</text>
<subclause id="HCEF403A8942D48D0AC6E2EEEF17FE723">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
local and national
</quote>
after
<quote>
jointly financed
</quote>
;
and
</text>
</subclause>
<subclause id="HE4EDF56BFDEC404E99007CD334B05BA8">
<enum>
(II)
</enum>
<text>
by inserting
<quote>
in competitive integrated employment
</quote>
after
<quote>
career
opportunities
</quote>
;
</text>
</subclause>
</clause>
<clause id="H7CB614769C394FCEAA381439DD2E5D6D">
<enum>
(ii)
</enum>
<text>
in
subparagraph (A)—
</text>
<subclause id="H8E0B60DF51D44734A895BE639418A8DF">
<enum>
(I)
</enum>
<text>
by striking clause
(ii) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB9824D5434854F1E8FBE1DB8BA083601" style="OLC">
<clause id="H7353F52603494B36843900C725D361E0" indent="up1">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
identify job and career availability within
the community in consultations with local workforce investment boards,
consistent with the existing and emerging in-demand industry sectors and
occupations as defined in section 101 of the Workforce Investment Act of 2012,
and the employment needs of employers in those industry sectors and
occupations;
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H0CAEA04200934A52B7852C91A3212C3C">
<enum>
(II)
</enum>
<text>
in clause (iii),
by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subclause>
<subclause id="H209A37CD3F574402A173BD0C9C30AADA">
<enum>
(III)
</enum>
<text>
in clause (iv),
by inserting
<quote>
and
</quote>
after the semicolon; and
</text>
</subclause>
<subclause id="H05C619F426AC4914907FB86FBEB8140F">
<enum>
(IV)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H29F7CFB6E06945A7BA59A614002F5F91" style="OLC">
<clause id="H8790071CCB6A43CABFC359AC3072B18F" indent="up1">
<enum>
(v)
</enum>
<text>
coordinate such training and job
placement activities with the local workforce investment boards described in
clause (ii) as appropriate, and with the Job Corps center industry councils
established under section 154 of the Workforce Investment Act of
2012.
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="H96B76C0E881C43F9BE1BEDD0193C39F0">
<enum>
(iii)
</enum>
<text>
in
subparagraph (C)—
</text>
<subclause id="H1495EE7426654489857E7536841C216E">
<enum>
(I)
</enum>
<text>
in clause (i), by
striking
<quote>
and
</quote>
after the semicolon;
</text>
</subclause>
<subclause id="HAE5A69FF0E7C4A9785DD13616D925033">
<enum>
(II)
</enum>
<text>
by redesignating
clause (ii) as clause (iii); and
</text>
</subclause>
<subclause id="HF8990B48759245BD97B7488DA854F28D">
<enum>
(III)
</enum>
<text>
by inserting
after clause (i) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H32879295D3F94685A85C2281BC32CBAD" style="OLC">
<clause id="H1915D28756354A858CE2E301EF4D7AEE" indent="up1">
<enum>
(ii)
</enum>
<text>
internship programs for
individuals with disabilities who seek employment;
and
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HDDCAE5948571449FAC211AA3912ECC34">
<enum>
(2)
</enum>
<text>
in subsection
(e)(2), by striking
<quote>
in States, portions of States, Indian tribes, or
tribal organizations
</quote>
and inserting
<quote>
nationally or in States, in
portions of States, across multiple States, or in Indian tribes or tribal
organizations
</quote>
; and
</text>
</paragraph>
<paragraph id="HFA8279215EF94DE09F86EC22C1BD87C4">
<enum>
(3)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H02AE9CC7F0D94726B79262CA54CF0F57" style="OLC">
<subsection id="H38510D89C64D416DA13C0FC388E58441">
<enum>
(i)
</enum>
<header>
Prohibited use
of funds
</header>
<text>
Grant funds awarded under this section shall not be used
to support services in sheltered workshops or segregated
settings.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H5390E640580645BF923C47031B76FA1F">
<enum>
462.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
Section 612
(
<external-xref legal-doc="usc" parsable-cite="usc/29/795a">
29 U.S.C. 795a
</external-xref>
) is amended by striking
<quote>
fiscal years 1999 through
2003
</quote>
and inserting
<quote>
fiscal years 2013 through
2017
</quote>
.
</text>
</section>
<section id="H9D8D62DB9330434D9465FD7C6FC3CD5B">
<enum>
463.
</enum>
<header>
Supported
employment services
</header>
<text display-inline="no-display-inline">
Part B of
title VI (
<external-xref legal-doc="usc" parsable-cite="usc/29/795g">
29 U.S.C. 795g
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H8933E29B4B0D4182A8595A55FFEC4E82" style="OLC">
<part id="HE5237D50776047438ACDD10CD7BB1B83">
<enum>
B
</enum>
<header>
Supported
employment services
</header>
<section id="HFE6E278CD5974A88A69342B6068299E2">
<enum>
621.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
It is the purpose of this part to authorize
allotments, in addition to grants for vocational rehabilitation services under
title I, to assist States in developing collaborative programs with appropriate
entities to provide supported employment services for individuals with the most
significant disabilities, including youth with the most significant
disabilities, to enable such individuals to achieve an employment outcome of
supported employment in competitive integrated employment.
</text>
</section>
<section id="H233752F007EB447BB60004317FA3272E">
<enum>
622.
</enum>
<header>
Allotments
</header>
<subsection id="HE921EF6BEF4241629DC27368DC0E594E">
<enum>
(a)
</enum>
<header>
In
general
</header>
<paragraph id="H92162E3172344EC99A61E3DA650A0765">
<enum>
(1)
</enum>
<header>
States
</header>
<text>
The
Secretary shall allot the sums appropriated for each fiscal year to carry out
this part among the States on the basis of relative population of each State,
except that—
</text>
<subparagraph id="HD36D8E805A5E4617B842C87FCF5BA607">
<enum>
(A)
</enum>
<text>
no State shall
receive less than $250,000, or
<fraction>
1/3
</fraction>
of 1 percent of the
sums appropriated for the fiscal year for which the allotment is made,
whichever amount is greater; and
</text>
</subparagraph>
<subparagraph id="HC8715A2DBF9948A9856D3E323B86E1C2">
<enum>
(B)
</enum>
<text>
if the sums
appropriated to carry out this part for the fiscal year exceed the sums
appropriated to carry out this part for fiscal year 1992 by $1,000,000 or more,
no State shall receive less than $300,000, or
<fraction>
1/3
</fraction>
of 1
percent of the sums appropriated for the fiscal year for which the allotment is
made, whichever amount is greater.
</text>
</subparagraph>
</paragraph>
<paragraph id="HDBB2ADCEFB8D423BABD16294779EDC40">
<enum>
(2)
</enum>
<header>
Certain
territories
</header>
<subparagraph id="H2F58944F5F894FF8A0B1764A1337901A">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
For the purposes of this subsection, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands shall not be considered to be States.
</text>
</subparagraph>
<subparagraph id="H94B4DABEB44149D290FB7157D2F17E75">
<enum>
(B)
</enum>
<header>
Allotment
</header>
<text>
Each
jurisdiction described in subparagraph (A) shall be allotted not less than
<fraction>
1/8
</fraction>
of 1 percent of the amounts appropriated for the
fiscal year for which the allotment is made.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H9C7EC1CE282D4698943704FE2B134EBA">
<enum>
(b)
</enum>
<header>
Reallotment
</header>
<text>
Whenever
the Commissioner determines that any amount of an allotment to a State for any
fiscal year will not be expended by such State for carrying out the provisions
of this part, the Commissioner shall make such amount available for carrying
out the provisions of this part to one or more of the States that the
Commissioner determines will be able to use additional amounts during such year
for carrying out such provisions. Any amount made available to a State for any
fiscal year pursuant to the preceding sentence shall, for the purposes of this
section, be regarded as an increase in the allotment of the State (as
determined under the preceding provisions of this section) for such
year.
</text>
</subsection>
<subsection id="H746A3BC75E974EFA83E77F9EF3DFBE46">
<enum>
(c)
</enum>
<header>
Limitations on
administrative costs
</header>
<text>
A State that receives an allotment under
this part shall not use more than 5 percent of the funds made available through
the allotment to pay for administrative costs.
</text>
</subsection>
<subsection id="H4C2F9ACE67964611A14F9CB4C2BF002D">
<enum>
(d)
</enum>
<header>
Services for
youth with the most significant disabilities
</header>
<text>
A State that
receives an allotment under this part shall expend half of the allotment for
the provision of supported employment services, including extended services, to
youth with the most significant disabilities in order to assist those youth to
achieve an employment outcome in supported employment.
</text>
</subsection>
</section>
<section id="HA9B2B9053EDD4EB0BB04801562100F46">
<enum>
623.
</enum>
<header>
Availability of
services
</header>
<subsection id="H6B63697388384FEEABDBA14B6FBE8861">
<enum>
(a)
</enum>
<header>
Supported
employment services
</header>
<text>
Funds provided under this part may be used to
provide supported employment services to individuals who are eligible under
this part.
</text>
</subsection>
<subsection id="H8BC307CF61384E998ECFF927472AD3AE">
<enum>
(b)
</enum>
<header>
Extended
services
</header>
<text>
Except as provided in paragraph (c), funds provided
under this part, or title I, may not be used to provide extended services to
individuals who are eligible under this part or title I.
</text>
</subsection>
<subsection id="HC0DA4CA0A9FA44EFA7F08EEF6E05FDDA">
<enum>
(c)
</enum>
<header>
Extended
services for youth with the most significant disabilities
</header>
<text>
Funds
allotted under this part, or title I, and used for the provision of services
under this part to youth with the most significant disabilities pursuant to
section 622(d) of this part, may be used to provide extended services to youth
with the most significant disabilities for a period not to exceed four
years.
</text>
</subsection>
</section>
<section id="HBEB0FFCB428E4F0F8F1352AB3A4D8FC2">
<enum>
624.
</enum>
<header>
Eligibility
</header>
<text display-inline="no-display-inline">
An individual, including a youth with a
disability, shall be eligible under this part to receive supported employment
services authorized under this part if—
</text>
<paragraph id="H5851E9340BD54399B98465A4BCE28797">
<enum>
(1)
</enum>
<text>
the individual,
including a youth with a disability, is eligible for vocational rehabilitation
services under title I;
</text>
</paragraph>
<paragraph id="H0F6F1358A7574C40B01DF912BD5FAD44">
<enum>
(2)
</enum>
<text>
the individual,
including a youth, is determined to be an individual with a most significant
disability; and
</text>
</paragraph>
<paragraph id="H415D82D24E124621B842A260149AB250">
<enum>
(3)
</enum>
<text>
a comprehensive
assessment of rehabilitation needs of the individual or youth described in
section 7(2)(B), including an evaluation of rehabilitation, career, and job
needs, identifies supported employment as the appropriate employment outcome
for the individual or youth.
</text>
</paragraph>
</section>
<section id="HCD10462B76424156AE10072617AC4376">
<enum>
625.
</enum>
<header>
State
plan
</header>
<subsection id="HD5B509D9829847C6A2F16EDC8DF7F571">
<enum>
(a)
</enum>
<header>
State plan
supplements
</header>
<text>
To be eligible for an allotment under this part, a
State shall submit to the Commissioner, as part of the State plan under section
101, a State plan supplement for providing supported employment services
authorized under this Act to individuals, including youth with the most
significant disabilities, who are eligible under this Act to receive the
services. Each State shall make such annual revisions in the plan supplement as
may be necessary.
</text>
</subsection>
<subsection id="HA3F124166CD641EA848D02294E67C534">
<enum>
(b)
</enum>
<header>
Contents
</header>
<text>
Each
such plan supplement shall—
</text>
<paragraph id="HC61A3832DD624F3B88BE41C0196A9905">
<enum>
(1)
</enum>
<text>
indicate each
designated State agency as the agency to administer the program assisted under
this part;
</text>
</paragraph>
<paragraph id="HEB7EDA9CC6794914840C24FB5816202C">
<enum>
(2)
</enum>
<text>
summarize the
results of the comprehensive, statewide assessment conducted under section
101(a)(15)(A)(i), with respect to the rehabilitation needs of individuals,
including youth, with significant disabilities and the need for supported
employment services, including needs related to coordination;
</text>
</paragraph>
<paragraph id="H6A167C2B09F14A63A83D40D6A65B02BA">
<enum>
(3)
</enum>
<text>
describe the
quality, scope, and extent of supported employment services authorized under
this Act to be provided to individuals, including youth with the most
significant disabilities, who are eligible under this Act to receive the
services and specify the goals and plans of the State with respect to the
distribution of funds received under section 622;
</text>
</paragraph>
<paragraph id="H5A8A635E05C1409F82085DDCFD2F113B">
<enum>
(4)
</enum>
<text>
demonstrate
evidence of the efforts of the designated State agency to identify and make
arrangements (including entering into cooperative agreements) with other State
agencies and other appropriate entities to assist in the provision of supported
employment services;
</text>
</paragraph>
<paragraph id="HA27C504DEA6B46CBA2C8F90368B866E5">
<enum>
(5)
</enum>
<text>
demonstrate
evidence of the efforts of the designated State agency to identify and make
arrangements (including entering into cooperative agreements) with other public
or nonprofit agencies or organizations within the State, employers, natural
supports, and other entities with respect to the provision of extended
services;
</text>
</paragraph>
<paragraph id="H06C49993805646DD9762398386C01C51">
<enum>
(6)
</enum>
<text>
a description of
the activities to be conducted under this part, using the funds specified in
section 622(d) of this title, for providing supported employment services to
youth with the most significant disabilities, including—
</text>
<subparagraph id="H4060CFEE36894CF98061A3967467B94F">
<enum>
(A)
</enum>
<text>
the provision of
extended services for a period not to exceed four years; and
</text>
</subparagraph>
<subparagraph id="HBBEA8CC7395B4EF3A03A961027684672">
<enum>
(B)
</enum>
<text>
how the State will
use the funds specified in section 622(d) to leverage other public and private
funds to increase resources for extended services and expand supported
employment opportunities for youth with the most significant
disabilities;
</text>
</subparagraph>
</paragraph>
<paragraph id="H9796BC2408D24728A01A53731C608488">
<enum>
(7)
</enum>
<text>
provide assurances
that—
</text>
<subparagraph id="H6AB5C9F8066B4A318C80257C25F15989">
<enum>
(A)
</enum>
<text>
funds made
available under this part will only be used to provide supported employment
services authorized under this Act to individuals, including youth, who are
eligible under this part to receive the services;
</text>
</subparagraph>
<subparagraph id="H557E81D0CC2A4E87B4646EE48208F96A">
<enum>
(B)
</enum>
<text>
the comprehensive
assessments of individuals with significant disabilities, including youth with
the most significant disabilities, conducted under section 102(b)(1) and funded
under title I will include consideration of supported employment as an
appropriate employment outcome;
</text>
</subparagraph>
<subparagraph id="H5537EFF5C1024DAEA268CC8A1138E82C">
<enum>
(C)
</enum>
<text>
an individualized
plan for employment, as required by section 102, will be developed and updated
using funds under title I in order to—
</text>
<clause id="H62E82B1E6CD8416A8884B60B4F7DBD80">
<enum>
(i)
</enum>
<text>
specify the
supported employment services to be provided, including as appropriate for
youth with the most significant disabilities, transition services and
pre-employment transition services provided in accordance with sections
101(a)(25) and 114;
</text>
</clause>
<clause id="H65CDF56F3D90496BA75212D9DB171DA6">
<enum>
(ii)
</enum>
<text>
specify the
expected extended services needed, including the extended services that may be
provided to youth with the most significant disabilities under this part, in
accordance with an approved individualized plan for employment, for a period
not to exceed four years; and
</text>
</clause>
<clause id="H70D19AFBFDE843C0A31AF4E1D1AA23D0">
<enum>
(iii)
</enum>
<text>
identify, as
appropriate, the source of extended services, which may include natural
supports, or to the extent that it is not possible to identify the source of
extended services at the time the individualized plan for employment is
developed;
</text>
</clause>
</subparagraph>
<subparagraph id="H2965183D2FD74D0F9BE7ABF98ECFBF02">
<enum>
(D)
</enum>
<text>
the State will use
funds provided under this part only to supplement, and not supplant, the funds
provided under title I, in providing supported employment services specified in
the individualized plan for employment;
</text>
</subparagraph>
<subparagraph id="HC25FE8F5EF924165A6BDA9DF2B085EAD">
<enum>
(E)
</enum>
<text>
services provided
under an individualized plan for employment will be coordinated with services
provided under other individualized plans established under other Federal or
State programs;
</text>
</subparagraph>
<subparagraph id="HFEE28505191D4543876AAF7687CC09B0">
<enum>
(F)
</enum>
<text>
to the extent jobs
skills training is provided, the training will be provided onsite;
</text>
</subparagraph>
<subparagraph id="H90D49A32FC1B4B1D9F06C3DE660EDCD7">
<enum>
(G)
</enum>
<text>
supported
employment services will include placement in an integrated setting based on
the unique strengths, resources, priorities, concerns, abilities, capabilities,
interests, and informed choice of individuals with the most significant
disabilities;
</text>
</subparagraph>
<subparagraph id="HA058436679594F63BE7186989E501585">
<enum>
(H)
</enum>
<text>
the State agencies
designated under paragraph (1) will expend not more than 5 percent of the
allotment of the State under this part for administrative costs of carrying out
this part; and
</text>
</subparagraph>
<subparagraph id="H4CD011E5E600482A93E6413E85C139ED">
<enum>
(I)
</enum>
<text>
with respect to
supported employment services provided to youth with the most significant
disabilities with the funds described in section 622(d), the designated State
agency will provide, directly or indirectly through public or private entities,
non-Federal contributions towards the grant award in an amount that is not less
than 10 percent of such costs; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H4DC605D83ABD48F0AE741DCE95A48011">
<enum>
(8)
</enum>
<text>
contain such other
information and be submitted in such manner as the Commissioner may
require.
</text>
</paragraph>
</subsection>
</section>
<section id="HC4C9ED334066481D94759CD4540284AD">
<enum>
626.
</enum>
<header>
Restriction
</header>
<text display-inline="no-display-inline">
Each State agency designated under section
625(b)(1) shall collect the information required by section 101(a)(10)
separately for eligible—
</text>
<paragraph id="HB5ABDD88FD2342919719AA73814A4F08">
<enum>
(1)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H3019F4D4A5394BD29E66AD52DEA712D2">
<enum>
(A)
</enum>
<text>
individuals receiving
supported employment services under this part; and
</text>
</subparagraph>
<subparagraph id="H872077D4EB4E4AA385F33006DC75D773" indent="up1">
<enum>
(B)
</enum>
<text>
individuals receiving supported
employment services under title I; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HE1461EA1DA4544C5AD982F329A5C4FA4">
<enum>
(2)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HC8FE3E644FFC457BBBDAF15C2BFD53A6">
<enum>
(A)
</enum>
<text>
youth receiving
supported employment services under this part; and
</text>
</subparagraph>
<subparagraph id="H9C83567DDD2F417F8C8B241D95DB8F6A" indent="up1">
<enum>
(B)
</enum>
<text>
youth receiving supported employment
services under title I.
</text>
</subparagraph>
</paragraph>
</section>
<section id="HF0C7F712234E493189BBF075EF6413CF">
<enum>
627.
</enum>
<header>
Savings
provision
</header>
<subsection id="H61E0BFB38E9D45BBB685369ED4314829">
<enum>
(a)
</enum>
<header>
Supported
employment services
</header>
<text>
Nothing in this Act shall be construed to
prohibit a State from providing supported employment services in accordance
with the State plan submitted under section 101 by using funds made available
through a State allotment under section 110.
</text>
</subsection>
<subsection id="HB73C188E260F4298923962CF272F359C">
<enum>
(b)
</enum>
<header>
Post-Employment
services
</header>
<text>
Nothing in this part shall be construed to prohibit a
State from providing discrete post-employment services in accordance with the
State plan submitted under section 101 by using funds made available through a
State allotment under section 110 to an individual who is eligible under this
subpart.
</text>
</subsection>
</section>
<section id="H4CDB25999A5C4679AA81A7C12DB59207">
<enum>
628.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
There is
authorized to be appropriated to carry out this part, including for technical
assistance, such sums as may be necessary for each of the fiscal years 2013
through
2017.
</text>
</section>
</part>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
<subtitle id="HCB42DBF26B964661A0D32745EB499102">
<enum>
H
</enum>
<header>
Independent Living
Services and Centers for Independent Living
</header>
<chapter id="H77A37F187DC14DDA9E91F46EC1740E45">
<enum>
1
</enum>
<header>
General
provisions
</header>
<section id="HAB778DBF53434788BA9CF132DA6CD842">
<enum>
471.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
Section 701 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796">
29 U.S.C. 796
</external-xref>
) is amended, in
paragraph (3), by inserting before the period the following:
<quote>
, with the
goal of improving the independence of and equal opportunity for individuals
with disabilities
</quote>
.
</text>
</section>
<section id="H527B3F444DAF45148A9183EC8475FB55">
<enum>
472.
</enum>
<header>
Independent
Living Administration
</header>
<text display-inline="no-display-inline">
Title
VII (
<external-xref legal-doc="usc" parsable-cite="usc/29/796">
29 U.S.C. 796 et seq.
</external-xref>
) is amended by inserting after section 701 the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H755C4E81A737414BAA41FEC45BB09155" style="OLC">
<section id="H6A0F6E56154741D284FA3051D3C1D9FD">
<enum>
701A.
</enum>
<header>
Independent
Living Administration
</header>
<subsection id="H504BDEBA8A1B4271B73EB025D87D743F">
<enum>
(a)
</enum>
<header>
Establishment
</header>
<text>
In
order to promote the philosophy and purpose of section 701, there is
established within the Department of Education an Independent Living
Administration, independent of the Rehabilitation Services
Administration.
</text>
</subsection>
<subsection id="H23E284909D9B48B88D852D64E635C18B">
<enum>
(b)
</enum>
<header>
Director
</header>
<text>
The
Independent Living Administration shall be headed by a Director (referred to in
this title as the
<quote>
ILA Director
</quote>
) appointed by the Secretary. The
ILA Director shall not have been an employee of the Department of Education
during the 90-day period before such appointment, and shall have substantial
knowledge of independent living services. The Independent Living Administration
shall be the principal agency, and the ILA Director shall be the principal
officer, of the Department for carrying out this title. The ILA Director shall
have the same reporting relationship as is outlined in section 202(a)(2), and
shall be a different individual than the Commissioner.
</text>
</subsection>
<subsection id="H278E07850EF84532AB5A4844AD079039">
<enum>
(c)
</enum>
<header>
General
Counsel
</header>
<text>
The Office of the General Counsel of the Department of
Education shall designate 1 or more individuals, with substantial background in
and knowledge of independent living services and centers for independent living
under this title, to provide advice, support, and technical assistance to the
ILA Director.
</text>
</subsection>
<subsection id="HBB1BAFA100054B91B9AA4C0D4B921FD6">
<enum>
(d)
</enum>
<header>
Input
</header>
<text>
The
ILA Director shall have the authority to seek such input and advice, including
convening meetings, as the ILA Director determines to be appropriate with
respect to the policies and conduct of the Independent Living
Administration.
</text>
</subsection>
<subsection id="HEBBD59F84FE64B5FA677C9C4EA9DB9BA">
<enum>
(e)
</enum>
<header>
Staff
</header>
<text>
The
Secretary shall ensure that—
</text>
<paragraph id="H61F61459FCCA4277A2D6BAF2DB58AC7A">
<enum>
(1)
</enum>
<text>
the Independent
Living Administration has sufficient staff to provide oversight of, conduct
auditing of, and provide technical assistance to, the centers for independent
living and Statewide Independent Living Councils funded under this Act;
and
</text>
</paragraph>
<paragraph id="HFC58B9BD79544B59A43C0EEFBDA3663A">
<enum>
(2)
</enum>
<text>
such staff
includes qualified individuals who have significant experience with centers for
independent living or Statewide Independent Living Councils described in
section
705.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HE7C7B2F0A1F4453E864C2D664038F03E">
<enum>
473.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 702 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796a">
29 U.S.C. 796a
</external-xref>
) is
amended—
</text>
<paragraph id="HFFB5C4BCB3CD43BEA9F726A277A8F9D8">
<enum>
(1)
</enum>
<text>
in paragraph
(1)—
</text>
<subparagraph id="H5ABD4EA2484B4E0D9F8D22E5CF6A460D">
<enum>
(A)
</enum>
<text>
in the matter
before subparagraph (A), by inserting
<quote>
for individuals with significant
disabilities (regardless of age or income)
</quote>
before
<quote>
that—
</quote>
;
</text>
</subparagraph>
<subparagraph id="H58387DAD59104A8DADF68021F9C8C2CC">
<enum>
(B)
</enum>
<text>
in subparagraph
(A), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="H28273F7EC7054FA9A1AD30167479A9CD">
<enum>
(C)
</enum>
<text>
in subparagraph
(B), by striking the period and inserting
<quote>
, including, at a minimum,
independent living core services as defined in section 7(17); and
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="H2EE5EFA1C15B4A7AB9EB955BE41B3F95">
<enum>
(D)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H67FD54DB1BDF468AA0F19C530ADB4B48" style="OLC">
<subparagraph id="H38562C040EDA4429BC0C6E0798AB7918">
<enum>
(C)
</enum>
<text>
has sufficient
staff to provide the services described in subparagraph
(B).
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H0568F8549F3245A69E5D69889784A48E">
<enum>
(2)
</enum>
<text>
in paragraph (2),
by striking the period and inserting the following: “, both in terms of—
</text>
<quoted-block display-inline="no-display-inline" id="H969A08A8C28846A18FFEFD2B6B785FE0" style="OLC">
<subparagraph id="H0A1C79A494454FDE96A882D399D830F5">
<enum>
(A)
</enum>
<text>
the management,
staffing, decisionmaking, and operation of the center; and
</text>
</subparagraph>
<subparagraph id="H227EFB14373F4E22BB8E62EE9ACAA1C1">
<enum>
(B)
</enum>
<text>
the center's
establishment of policies, direction, and provision of
services.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HB8B45B460F65401BB3D7BFE780FE5EF0">
<enum>
474.
</enum>
<header>
State
plan
</header>
<text display-inline="no-display-inline">
Section 704 (29 U.S.C.
796c) is amended—
</text>
<paragraph id="HB6FAF53E8E1E41B094295DB22F8C6964">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="HAD47925ABA6D4302BE167C9D63F0F0A8">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause commented="no" id="HA080C259B59A4C3EAB4A2B01FC39AF77">
<enum>
(i)
</enum>
<text>
by inserting after
<quote>
State plan
</quote>
the following:
<quote>
developed and signed in
accordance with paragraph (2),
</quote>
; and
</text>
</clause>
<clause commented="no" id="H9690C80DCC304D05AD467AE75EF419FB">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
ILA
Director
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H879E1B417492407984A15D758A01DC40">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="HEB22C3C6DC4644328F7B911D7D99864A">
<enum>
(i)
</enum>
<text>
in
the matter preceding subparagraph (A), by striking
<quote>
developed and signed
by
</quote>
; and
</text>
</clause>
<clause id="H779B379B1DC04AD38EE5EAA4B99DCA43">
<enum>
(ii)
</enum>
<text>
by
striking subparagraphs (A) and (B) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H92F48C927D6745279A89A958F95CA017" style="OLC">
<subparagraph id="HD1E140477A9E415FB5900E0B8FE72D44">
<enum>
(A)
</enum>
<text>
developed by the
chairperson of the Statewide Independent Living Council, the director of the
designated State entity described in subsection (c), and the directors of the
centers for independent living in the State, after receiving public input from
individuals with disabilities throughout the State; and
</text>
</subparagraph>
<subparagraph id="H11D071C531224BB3B348C285DAE1F7AC">
<enum>
(B)
</enum>
<text>
signed by—
</text>
<clause id="HCF41B43ACDC7443BA75B5969AEDF1589">
<enum>
(i)
</enum>
<text>
the chairperson of
the Statewide Independent Living Council, acting on behalf of and at the
direction of the Council;
</text>
</clause>
<clause id="H625D65C90663459B9D3E06693ACC1305">
<enum>
(ii)
</enum>
<text>
the director of
the designated State entity described in subsection (c); and
</text>
</clause>
<clause id="H8F718AA9AC6E4A16A51355D91D0E1D84">
<enum>
(iii)
</enum>
<text>
not less than 51
percent of the directors of the centers for independent living in the
State.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H0F61624DAEDE42C5BDAF70C294F6278D">
<enum>
(C)
</enum>
<text>
in paragraph
(3)—
</text>
<clause id="H92321F6720FD4975B7920FF9DE78146F">
<enum>
(i)
</enum>
<text>
in
subparagraph (A), by striking
<quote>
State independent living services
</quote>
and inserting
<quote>
independent living services in the State
</quote>
;
</text>
</clause>
<clause id="HC6E4592C0E164A4FA96BB7E14E17FEAA">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B), by striking
<quote>
and
</quote>
at the end; and
</text>
</clause>
<clause id="H207449EEEF984721BDDC470CA8AECAAB">
<enum>
(iii)
</enum>
<text>
by
striking subparagraph (C) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA8F46C76135A480E887374CF6DF35120" style="OLC">
<subparagraph id="HB32B9C4A5F004AD89D4B8D987587D8B8">
<enum>
(C)
</enum>
<text>
working
relationships and collaboration between—
</text>
<clause id="HBF5E93CFA455430287EA833EB89E9F42">
<enum>
(i)
</enum>
<text>
centers for
independent living; and
</text>
</clause>
<clause id="HCEBF4CD1454349098FEE8BE8BE238EBE">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H06C07A46FB604A9D886560F4FD74D7FB">
<enum>
(I)
</enum>
<text>
entities carrying out
programs that provide independent living services, including those serving
older individuals;
</text>
</subclause>
<subclause id="HF65941887FA5454EA5776F71DC61506A" indent="up1">
<enum>
(II)
</enum>
<text>
other community-based organizations that
provide or coordinate the provision of housing, transportation, employment,
information and referral assistance, services, and supports for individuals
with significant disabilities; and
</text>
</subclause>
<subclause id="HA223F4C33A4341BCAAEB409C9175B101" indent="up1">
<enum>
(III)
</enum>
<text>
entities carrying out the vocational
rehabilitation program established under title I, and other programs providing
services for individuals with disabilities; and
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H5DA3E9A6CC05456BB628C51326BD47B0">
<enum>
(D)
</enum>
<text>
cooperative
agreements and partnerships to provide a seamless model for provision of
services to individuals with disabilities and to avoid duplication of
services.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H600C5C68B2BF45B698BFCD4B9F26DAFA">
<enum>
(D)
</enum>
<text>
in paragraph (4),
by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
ILA Director
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H7599FD5CCECD446C87B812FD87F029C1">
<enum>
(E)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3C5CDB70D02B4E02A3CA5C66820A823F" style="OLC">
<paragraph id="H21CCFCC2D6A84F51A78F2C78774DADA2">
<enum>
(5)
</enum>
<header>
Statewide
basis
</header>
<text>
The State plan shall provide for the provision of
independent living services on a statewide basis, to the greatest extent
possible, including through the establishment of additional centers for
independent living or focused outreach to serve underserved
populations.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H76D340B0BB304D7396E72628906F98AC">
<enum>
(2)
</enum>
<text>
in subsection (b),
by striking the period and inserting the following:
<quote>
, as well as a plan
for funding the administrative costs of the Council.
</quote>
;
</text>
</paragraph>
<paragraph id="H8815C7CFFD9D4E4F97D5A127365FA6E4">
<enum>
(3)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="HF59F07C9CDD8422C88438954F28AC273">
<enum>
(A)
</enum>
<text>
in the subsection
heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
unit
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
entity
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="HD25244CC799B4457B441F3709FE87BA2">
<enum>
(B)
</enum>
<text>
in the matter
preceding paragraph (1), by striking
<quote>
the designated State unit of such
State
</quote>
and inserting
<quote>
a State entity of such State (referred to in
this title as the
<quote>
designated State entity
</quote>
), which may be the
designated State unit, an entity within the designated State agency, or an
entity within a different State agency,
</quote>
;
</text>
</subparagraph>
<subparagraph id="H3E69A65976224B2CA63EC5561142E618">
<enum>
(C)
</enum>
<text>
in paragraphs (3)
and (4), by striking
<quote>
Commissioner
</quote>
each place it appears and
inserting
<quote>
ILA Director
</quote>
;
</text>
</subparagraph>
<subparagraph id="H386FDF5AC8474440A5F9264CEF49B805">
<enum>
(D)
</enum>
<text>
in paragraph (3),
by striking
<quote>
and
</quote>
at the end; and
</text>
</subparagraph>
<subparagraph id="HC1E05F89DA174F26816CDBE10BDB331A">
<enum>
(E)
</enum>
<text>
in paragraph (4),
by striking the period and inserting
<quote>
; and
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H0E3D29E9DF834E97A187A6159F4183CD">
<enum>
(4)
</enum>
<text>
in subsection (i),
by striking paragraphs (1) and (2) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6E353EA8E2024A44881791F22A410529" style="OLC">
<paragraph id="H918FAA7CDA1A429E9B69BCF97F124DBF">
<enum>
(1)
</enum>
<text>
the Statewide
Independent Living Council;
</text>
</paragraph>
<paragraph id="H822C7B997C6E4D41ADA68F9D1BDCB537">
<enum>
(2)
</enum>
<text>
centers for
independent living;
</text>
</paragraph>
<paragraph id="HA0FEC61251514C7AA16F4411F1C41CAD">
<enum>
(3)
</enum>
<text>
the designated
State entity; and
</text>
</paragraph>
<paragraph id="HCC9D6431F978414DAD870601C8A5B6E3">
<enum>
(4)
</enum>
<text>
other State
agencies or entities represented on the Council, other councils that address
the needs and issues of specific disability populations, and other public and
private entities determined to be appropriate by the
Council.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H4C86C6B2A4384FE3BAD7263B416486EA">
<enum>
(5)
</enum>
<text>
in subsection
(m)—
</text>
<subparagraph id="H0207A137E5134944B8D36D11FF3F8EBB">
<enum>
(A)
</enum>
<text>
in paragraph (4),
by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
ILA Director
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H7CF91D2933FA48BBB57E500497B240FC">
<enum>
(B)
</enum>
<text>
in paragraph (5),
by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
ILA Director
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HD1B6621175314894A6597632DBB2495B">
<enum>
(6)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD291E4CABFA24B669D86A36C4054595A" style="OLC">
<subsection id="HA82ACB0263C7498BAEB3A3BFB1CC5883">
<enum>
(o)
</enum>
<header>
Promoting full
access to community life
</header>
<paragraph id="H7094CB5818AC4D058F04D4E75D4FDBF1">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The plan shall describe how the State will provide
independent living services that promote full access to community life for
individuals with significant disabilities.
</text>
</paragraph>
<paragraph id="HAB6DF558E5F1417C849488A179A6CF2A">
<enum>
(2)
</enum>
<header>
Services
</header>
<text>
The
services shall include—
</text>
<subparagraph id="H9284D058C2944A3F9DB17D9F0D815358">
<enum>
(A)
</enum>
<text>
facilitating
transitions of individuals with significant disabilities from nursing homes and
other institutions, to home- and community-based residences, with the requisite
supports and services;
</text>
</subparagraph>
<subparagraph id="H55D92784F8544D7B8DBF90F2EFC376AF">
<enum>
(B)
</enum>
<text>
providing
assistance to individuals with significant disabilities that are at risk of
entering institutions so that the individuals may remain in the community;
and
</text>
</subparagraph>
<subparagraph id="H91F3E53EFD64498196BE922F82B4CFAF">
<enum>
(C)
</enum>
<text>
facilitating
transitions of youth (including students) who are individuals with significant
disabilities, who were eligible for individualized education programs under
section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C.
1414(d)), and who have completed their secondary education or otherwise left
school, to postsecondary life, including
employment.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HC31841AE60844DA6ACF89323FC53E12A">
<enum>
475.
</enum>
<header>
Statewide
Independent Living Council
</header>
<text display-inline="no-display-inline">
Section 705 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796d">
29 U.S.C. 796d
</external-xref>
) is
amended—
</text>
<paragraph id="H632EE9798AEF4F0A9820722F66A6F875">
<enum>
(1)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="HC26A8A4E94E94DE1816AA74C7E0E7440">
<enum>
(A)
</enum>
<text>
by striking
paragraph (2) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H28BD4942B53A4D619E8858F5915ECDF3" style="OLC">
<paragraph id="H40080E6ECE444EDEAE0A6755BAB6DB1E">
<enum>
(2)
</enum>
<header>
Composition
</header>
<text>
The
Council shall include—
</text>
<subparagraph id="H6E8F6FC85A1B458DBE920C0205565910">
<enum>
(A)
</enum>
<text>
among its voting
members, at least 1 director of a center for independent living chosen by the
directors of centers for independent living within the State;
</text>
</subparagraph>
<subparagraph id="H200E40BC7301422CB452565344613DBE">
<enum>
(B)
</enum>
<text>
among its voting
members, for a State in which 1 or more centers are funded under section
721(c)(4), at least 1 representative of the directors of the centers;
and
</text>
</subparagraph>
<subparagraph commented="no" id="HFC019ED370CD4C4BBD6D957794932E86">
<enum>
(C)
</enum>
<text>
as ex officio,
nonvoting members, a representative of the designated State entity, and
representatives from State agencies that provide services for individuals with
disabilities.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HFE37C1C60441476089F5735955E03B4B">
<enum>
(B)
</enum>
<text>
in paragraph
(3)—
</text>
<clause id="HE1C612EE9055463A9AA8A7A331E90851">
<enum>
(i)
</enum>
<text>
by
redesignating subparagraphs (C) through (F) as subparagraphs (D) through (G),
respectively;
</text>
</clause>
<clause id="HD45AE6366CBC4437810A24A99BA933A4">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B), by striking
<quote>
parents and guardians of
</quote>
;
and
</text>
</clause>
<clause id="HD1763C22E7FC4E039AA031A03ED75AF1">
<enum>
(iii)
</enum>
<text>
by
inserting after paragraph (B) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC45462C22C50438A966BADA5576B5D89" style="OLC">
<subparagraph id="H1EAB97B086A149E89408F495842FC066">
<enum>
(C)
</enum>
<text>
parents and
guardians of individuals with
disabilities;
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph commented="no" id="H0A4EFC28E726405B8CE0BFD5B49B16C8">
<enum>
(C)
</enum>
<text>
in paragraph
(5)(B), by striking
<quote>
paragraph (3)
</quote>
and inserting
<quote>
paragraph
(1)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H7196BD393E4A465E87D354B593DBB319">
<enum>
(2)
</enum>
<text>
by striking
subsection (c) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5CA80CE9F2AE41C2AF931FD15DFDEDBA" style="OLC">
<subsection id="H2AB9858002514C6687198AC2A10171E6">
<enum>
(c)
</enum>
<header>
Functions
</header>
<paragraph id="H1CF265FCCEE84E8A9A5D452874072F9A">
<enum>
(1)
</enum>
<header>
Duties
</header>
<text>
The
Council shall—
</text>
<subparagraph id="H1AD89BC54B2A4BD7A6B9B651592DAC88">
<enum>
(A)
</enum>
<text>
in conjunction
with the directors of the centers for independent living in the State, and the
designated State entity, jointly develop and sign the State plan as provided in
section 704(a)(2);
</text>
</subparagraph>
<subparagraph id="H26DAEB87F84C4F43AAB60A4A68124100">
<enum>
(B)
</enum>
<text>
monitor, review,
and evaluate the implementation of the State plan;
</text>
</subparagraph>
<subparagraph id="H6556A9205CBA42AFA941D1A57A29ABE4">
<enum>
(C)
</enum>
<text>
have at least 4
regularly scheduled meetings per year, and ensure that such meetings of the
Council are open to the public and sufficient advance notice of such meetings
is provided;
</text>
</subparagraph>
<subparagraph id="H5814049BAE6F43ECA97ED2BCA4AA9779">
<enum>
(D)
</enum>
<text>
submit to the ILA
Director such periodic reports as the ILA Director may reasonably request, and
keep such records, and afford such access to such records, as the ILA Director
finds necessary to verify the information in such reports; and
</text>
</subparagraph>
<subparagraph id="HB81B9E6CC3AE478B98C59C44D19F3073">
<enum>
(E)
</enum>
<text>
as appropriate,
coordinate activities with the State Rehabilitation Council established under
section 105, if the State has such a Council, or the commission described in
section 101(a)(21)(A), if the State has such a commission, and councils that
address the needs of specific disability populations and issues under other
Federal law.
</text>
</subparagraph>
</paragraph>
<paragraph id="H69BAEDA39294437FA01E296C1F10F387">
<enum>
(2)
</enum>
<header>
Authorities
</header>
<text>
The
Council may, consistent with the State plan described in section 704, unless
prohibited by State law—
</text>
<subparagraph id="HA6DBE41DE30C4867A8BD9804B11B0172">
<enum>
(A)
</enum>
<text>
facilitate the
improvement and coordination of services provided to individuals with
disabilities by centers for independent living, the designated State unit,
other government agencies, and community organizations;
</text>
</subparagraph>
<subparagraph id="H251C587D5540448A94F9B34D2D306BC6">
<enum>
(B)
</enum>
<text>
conduct resource
development activities to obtain funding from public and private resources to
support the activities described in this subsection or to support the provision
of independent living services by centers for independent living; and
</text>
</subparagraph>
<subparagraph id="HA4D847B3BDAE4525AC4C13D9C44688D2">
<enum>
(C)
</enum>
<text>
perform such other
functions, consistent with the purpose of this chapter and comparable to other
functions described in this subsection, as the Council determines to be
appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5C0D6CF0353D418AA536E7A07219B6BD">
<enum>
(3)
</enum>
<header>
Limitation
</header>
<text>
The
Council shall not provide independent living services directly to individuals
with significant disabilities or manage such
services.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HA1D210F98F514A23A18CD73D750764AF">
<enum>
(3)
</enum>
<text>
in subsection
(e)—
</text>
<subparagraph id="HDF5FF368B3D44D7DA2B34A7C977AFBCF">
<enum>
(A)
</enum>
<text>
in paragraph (1),
in the first sentence, by striking
<quote>
prepare
</quote>
and all that follows
through
<quote>
a plan
</quote>
and inserting
<quote>
prepare, in conjunction with
the designated State entity, a plan
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H7F1380009E054E118F07E0A78CA99BE0">
<enum>
(B)
</enum>
<text>
in paragraph (3),
by striking
<quote>
agency
</quote>
and inserting
<quote>
entity
</quote>
;
and
</text>
</subparagraph>
</paragraph>
<paragraph id="HA0A57386E92C436999F4A5AEA99E695B">
<enum>
(4)
</enum>
<text>
in subsection
(f)—
</text>
<subparagraph id="H0206E24F68B34D89B97AA210DAA2A00D">
<enum>
(A)
</enum>
<text>
by striking
<quote>
such resources
</quote>
and inserting
<quote>
available resources
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="HC1123F39C63E4EA69BC4D621CE2FCAA4">
<enum>
(B)
</enum>
<text>
by striking
<quote>
(including
</quote>
and all that follows through
<quote>
compensation
</quote>
and inserting
<quote>
(such as personal assistance
services), and to pay reasonable compensation
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H4D409C670399468CBDAA9742F5D67DF1">
<enum>
476.
</enum>
<header>
Responsibilities
of the ILA Director
</header>
<text display-inline="no-display-inline">
Section
706 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796d-1">
29 U.S.C. 796d–1
</external-xref>
) is amended—
</text>
<paragraph id="H7AA8CFDDC186402C943CE9621ECE3E5A">
<enum>
(1)
</enum>
<text>
by striking the
title of the section and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC67673B7B966431590F3D4ED10CE2D05" style="OLC">
<section id="HA50D22174E9142B48C95742D732775D4">
<enum>
706.
</enum>
<header>
Responsibilities
of the ILA
Director
</header>
</section>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H21B80B0B84124C678F0EEAF6E1F23965">
<enum>
(2)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="HEA056DA17D314142AD08365B907E4A2D">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
ILA Director
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HF13A540589344E9FAE8B733ED357F573">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H64F68783A5C24D5FA7DE420BF4DDB6B1">
<enum>
(i)
</enum>
<text>
in
subparagraph (A), by striking
<quote>
Commissioner
</quote>
each place it appears
and inserting
<quote>
ILA Director
</quote>
; and
</text>
</clause>
<clause id="H98ABF33555E8419BA4173158CA9B6919">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B)—
</text>
<subclause id="HA94E514F07AA42AC93D17C5C83178B8B">
<enum>
(I)
</enum>
<text>
in clause
(i)—
</text>
<item id="H6A79FAD42C164C2DAAC45F13A1352FC7">
<enum>
(aa)
</enum>
<text>
by
striking
<quote>
Secretary
</quote>
and inserting
<quote>
Secretary or the
Commissioner
</quote>
; and
</text>
</item>
<item id="H823E116E66744F2D8E3EB631328FCDC1">
<enum>
(bb)
</enum>
<text>
by
striking
<quote>
to the Commissioner; and
</quote>
and inserting
<quote>
to the
ILA Director;
</quote>
;
</text>
</item>
</subclause>
<subclause id="HD09606BD14AA454A886454888D7E832D">
<enum>
(II)
</enum>
<text>
by redesignating
clause (ii) as clause (iii); and
</text>
</subclause>
<subclause id="HE77F0B9CFBF74DE78FD2C47342F57959">
<enum>
(III)
</enum>
<text>
by inserting
after clause (i) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4CD14AA8AC284B0E9C7AFB17895AA67A" style="OLC">
<clause id="H119797770D1445149DFAA528DBCF160A">
<enum>
(ii)
</enum>
<text>
to the State
agency shall be deemed to be references to the designated State entity;
and
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H3ED15C3E1D374BB2AD791C8EE9E6ED74">
<enum>
(3)
</enum>
<text>
by striking
subsection (b) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB0D73D9E448A49B3BCEE3478889370F3" style="OLC">
<subsection id="H66066C900A8C4B57B05594112EFCDEE9">
<enum>
(b)
</enum>
<header>
Indicators
</header>
<text>
Not
later than 1 year after the date of enactment of the Workforce Investment Act
of 2012, the ILA Director shall develop and publish in the Federal Register
indicators of minimum compliance for centers for independent living (consistent
with the standards set forth in section 725), and indicators of minimum
compliance for Statewide Independent Living
Councils.
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H71ABB5171BCF459E8E2C2330752EAFB0">
<enum>
(4)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H0232FDFD9C3C490D83A492CD08FCECE8">
<enum>
(A)
</enum>
<text>
by striking
paragraph (1) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H0295EFF4E51E40E79988B209A87B505B" style="OLC">
<paragraph id="HE11535D9659F4AED9A45FB0194EC058A">
<enum>
(1)
</enum>
<header>
Reviews
</header>
<subparagraph id="H04ED5D460BFC4F179E8728E384E7868E">
<enum>
(A)
</enum>
<header>
Types of
reviews
</header>
<text>
The ILA Director shall annually conduct—
</text>
<clause id="H06C29EA1DC3B4184B3F36C5F856A0472">
<enum>
(i)
</enum>
<text>
onsite compliance
reviews of at least 15 percent of the centers for independent living that
receive funds under section 722 and shall periodically conduct such a review of
each such center;
</text>
</clause>
<clause id="H8B4A3F489EB74044BBB26335110C1757">
<enum>
(ii)
</enum>
<text>
onsite compliance
reviews of at least one-third of the designated State units that receive
funding under section 723, and, to the extent necessary to determine the
compliance of such a State unit with subsections (f) and (g) of section 723,
centers that receive funding under section 723 in such State; and
</text>
</clause>
<clause id="H8B53759703774DD2B943B9CE93FB3965">
<enum>
(iii)
</enum>
<text>
onsite
compliance reviews for at least 10 percent of the Statewide Independent Living
Councils established in each State under section 705.
</text>
</clause>
</subparagraph>
<subparagraph id="H65A2E8B61DDB4DDB8C64848031681266">
<enum>
(B)
</enum>
<header>
Selections
</header>
<text>
The
ILA Director shall select the centers, State units, and Councils described in
this paragraph for review on a random
basis.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H8E5C8E25CD474DCCA4B770AD317ACB3F">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="HCCECB3CE5B444C768FC429068FADB0A0">
<enum>
(i)
</enum>
<text>
in
the matter preceding subparagraph (A), by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
ILA Director
</quote>
;
</text>
</clause>
<clause id="H27EBEB6D691041EFABF9ED8FEA623FBA">
<enum>
(ii)
</enum>
<text>
in
subparagraph (A), by striking
<quote>
such a review
</quote>
and inserting
<quote>
a review described in paragraph (1)
</quote>
; and
</text>
</clause>
<clause id="H37E677A7562845AFBEC5FCDDA788AD86">
<enum>
(iii)
</enum>
<text>
in
subparagraphs (A) and (B), by striking
<quote>
Department
</quote>
each place it
appears and inserting
<quote>
Independent Living Administration
</quote>
;
and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HC7940622BCA44B39BBCA805CCB353E47">
<enum>
(5)
</enum>
<text>
by striking
subsection (d).
</text>
</paragraph>
</section>
</chapter>
<chapter id="H4ADE53A4EB9F49A2A5BED2FF681DA044">
<enum>
2
</enum>
<header>
Independent living
services
</header>
<section id="HC15D34B893814E8F9821856AB04487A2">
<enum>
477.
</enum>
<header>
Administration
</header>
<subsection id="H57FF63E044EB4D869D4DD1C3B1C31474">
<enum>
(a)
</enum>
<header>
Allotments
</header>
<text>
Section
711 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e">
29 U.S.C. 796e
</external-xref>
) is amended—
</text>
<paragraph id="H422435288C2445AB9EB1E7148363797C">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="H8CD221A7D937474794AA01F92BAA9546">
<enum>
(A)
</enum>
<text>
in paragraph
(1)(A)—
</text>
<clause id="H9094C53E91CE4DDFAC057F825D5B4705">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
Except
</quote>
and inserting
<quote>
After the reservation
required by section 711A is made, and except
</quote>
; and
</text>
</clause>
<clause id="HA3845D338C944AC5B0F87881548B300A">
<enum>
(ii)
</enum>
<text>
by
inserting
<quote>
the remainder of the
</quote>
before
<quote>
sums
appropriated
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H1C5B7C788B1C48FDB81EF177985F1691">
<enum>
(B)
</enum>
<text>
in paragraph
(2)(B), by striking
<quote>
amounts made available for purposes of this
part
</quote>
and inserting
<quote>
remainder described in paragraph
(1)(A)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H48DEDB4E106D4391834EBB571ED0F8A5">
<enum>
(2)
</enum>
<text>
in subsections
(a), (b), and (c), by striking
<quote>
Commissioner
</quote>
each place it
appears and inserting
<quote>
ILA Director
</quote>
; and
</text>
</paragraph>
<paragraph id="H4E596C393CB440B6BC822BF0198C100D">
<enum>
(3)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HCB9484DEE2E642F4B85DF3601A75606C" style="OLC">
<subsection id="HBA276144B22A433B86C3D30CF9F1B8B5">
<enum>
(d)
</enum>
<header>
Administration
</header>
<text>
Funds
allotted or made available to a State under this section shall be administered
by the designated State entity, in accordance with the approved State plan,
except for States covered by section
723.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H0EDBC46141334BF7B4E576B7E1AC7237">
<enum>
(b)
</enum>
<header>
Training and
technical assistance
</header>
<text>
Part B of title VII is amended by inserting
after section 711 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e">
29 U.S.C. 796e
</external-xref>
) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF89E5BA0C9E741A98EEFABE533EF48B7" style="OLC">
<section id="HA776FEDB20A348FCB00A1D30411EDE95">
<enum>
711A.
</enum>
<header>
Training and
technical assistance
</header>
<subsection id="HB7026A4F407F41628C844003A0225924">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
From the funds appropriated to carry out this part for
any fiscal year, beginning with fiscal year 2012, the ILA Director shall first
reserve not less than 1.8 percent and not more than 2 percent of the funds to
provide training and technical assistance to Statewide Independent Living
Councils for such fiscal year.
</text>
</subsection>
<subsection id="H707C027F987C4143B305961DF042AAAD">
<enum>
(b)
</enum>
<header>
Allocation
</header>
<text>
From
the funds reserved under subsection (a), the ILA Director shall make grants to,
and enter into contracts and other arrangements with, entities that have
experience in the operation of Statewide Independent Living Councils to provide
such training and technical assistance with respect to developing, conducting,
administering, and evaluating Statewide Independent Living Councils.
</text>
</subsection>
<subsection id="HF7F50DC9BEE04F47AF407B3367EAC66D">
<enum>
(c)
</enum>
<header>
Funding
priorities
</header>
<text>
The ILA Director shall conduct a survey of Statewide
Independent Living Councils regarding training and technical assistance needs
in order to determine funding priorities for such grants, contracts, or other
arrangements.
</text>
</subsection>
<subsection id="HF9F57A233B3444809832A9D06F9CFEBA">
<enum>
(d)
</enum>
<header>
Review
</header>
<text>
To
be eligible to receive a grant or enter into a contract or other arrangement
under this section, such an entity shall submit an application to the ILA
Director at such time, in such manner, and containing a proposal to provide
such training and technical assistance, and containing such additional
information as the ILA Director may require. The ILA Director shall provide for
peer review of grant applications by panels that include persons who are not
government employees and who have experience in the operation of Statewide
Independent Living
Councils.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H39E95680DB6F46E1A7F170B0F4702D9C">
<enum>
(c)
</enum>
<header>
Payments
</header>
<text display-inline="yes-display-inline">
Section 712(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e-1">
29 U.S.C. 796e–1(a)
</external-xref>
) is
amended by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
ILA
Director.
</quote>
</text>
</subsection>
<subsection id="HC62D77959D544E04B3B2DFD3287F6917">
<enum>
(d)
</enum>
<header>
Authorized uses
of funds
</header>
<text display-inline="yes-display-inline">
Section 713 (29
U.S.C. 796e–2) is amended—
</text>
<paragraph commented="no" id="H7E535F49DDC94A5B8771CA0895768872">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by striking the matter preceding paragraph
(1) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB255E14826BF4E7A9A245A652552BD41" style="OLC">
<subsection commented="no" id="HB2B55DB3179048D9B51B3EAA5AF5FD06">
<enum>
(a)
</enum>
<header>
In
General
</header>
<text>
The State may use funds received under this part (but not
more than 30 percent of the funds paid to the State under section 712) to
provide the resources described in section 705(e), relating to the Statewide
Independent Living Council, may retain funds under section 704(c)(5), and shall
distribute the remainder of the funds received under this part in a manner
consistent with the approved State plan under section 704 for the activities
described in subsection (b).
</text>
</subsection>
<subsection commented="no" id="HD480579DC16447B98C26A8F6B519A178">
<enum>
(b)
</enum>
<header>
Activities
</header>
<text>
The
State may use the remainder of the funds described in subsection
(a)—
</text>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H019E7C3A475E4C0DB351BBAE981FCA9C">
<enum>
(2)
</enum>
<text>
in paragraph (1),
by inserting
<quote>
, particularly those in unserved areas of the State
</quote>
after
<quote>
disabilities
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HD6BCB6E7B7424FDA95D964F9876E7254">
<enum>
(e)
</enum>
<header>
Authorization of
appropriations
</header>
<text display-inline="yes-display-inline">
Section 714
(
<external-xref legal-doc="usc" parsable-cite="usc/29/796e-3">
29 U.S.C. 796e–3
</external-xref>
) is amended by striking
<quote>
1999 through 2003
</quote>
and
inserting
<quote>
2013 through 2017
</quote>
.
</text>
</subsection>
</section>
</chapter>
<chapter id="H050AB0D884DF4A3B9191354F03B29442">
<enum>
3
</enum>
<header>
Centers for
independent living
</header>
<section id="H706053B2E6DD4291A3C3367040F6EB12">
<enum>
481.
</enum>
<header>
Program
authorization
</header>
<text display-inline="no-display-inline">
Section 721 (29
U.S.C. 796f) is amended—
</text>
<paragraph id="H1C56D3E9DC2D42BAA752140D3EF506C3">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="HA497DA4FB5C7464F92F8716B9C6F991B">
<enum>
(A)
</enum>
<text>
by striking
<quote>
1999
</quote>
and inserting
<quote>
2012
</quote>
;
</text>
</subparagraph>
<subparagraph id="H376FA48313E54256A4AB5E15AE64E891">
<enum>
(B)
</enum>
<text>
by striking
<quote>
Commissioner shall allot
</quote>
and inserting
<quote>
ILA Director shall
make available
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H77E5F47FEEFD464AB51EF83F1B256383">
<enum>
(C)
</enum>
<text>
by inserting
<quote>
, centers for independent living,
</quote>
after
<quote>
States
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HAF5F0E3B30C047F196FB14F30BDBA5FB">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H05DEF59C27CB488AAE24BD1200401BAC">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="HAC80356743184E8A902C3076EAED6A95">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
For
</quote>
and all that follows through
<quote>
Commissioner
</quote>
and inserting
<quote>
From the funds appropriated to
carry out this part for any fiscal year, beginning with fiscal year 2012, the
ILA Director
</quote>
;
</text>
</clause>
<clause id="H70B5E20651654126A247C2839EBC3C38">
<enum>
(ii)
</enum>
<text>
by
inserting
<quote>
not less than 1.8 percent and not more than 2 percent of the
funds
</quote>
after
<quote>
reserve
</quote>
; and
</text>
</clause>
<clause id="HF8D41A28B4EB449390A869F8B23368C7">
<enum>
(iii)
</enum>
<text>
by
striking
<quote>
eligible agencies
</quote>
and all that follows and inserting
<quote>
centers for independent living and eligible agencies for such fiscal
year.
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H9490F10278F44EDEB99AAC63FC4D12E4">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H9EBC12BB7B2E4081B92FDA600A8754B0">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
Commissioner
</quote>
and inserting
<quote>
ILA Director
</quote>
;
and
</text>
</clause>
<clause id="HAA2700E2EC6140AFA312F0C22072BDFC">
<enum>
(ii)
</enum>
<text>
by
inserting
<quote>
fiscal management of,
</quote>
before
<quote>
planning,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HC0CAEF23B163449AAF5A8731B1949246">
<enum>
(C)
</enum>
<text>
in paragraphs (3),
(4), and (5), by striking
<quote>
Commissioner
</quote>
each place it appears and
inserting
<quote>
ILA Director
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H6A7EF8F284A948B6A6A6D27597B14F74">
<enum>
(D)
</enum>
<text>
in paragraph (3),
by striking
<quote>
Statewide Independent Living Councils and
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H91CA1B8BEB2A46E0B8D717F167C6A91C">
<enum>
(3)
</enum>
<text>
by striking
subsection (c) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1EF07E8B343B4362ADD32678DB628882" style="OLC">
<subsection id="H9D62B865E91A4AD2B3D44F30F1373532">
<enum>
(c)
</enum>
<header>
Allotments to
States
</header>
<paragraph id="H16F5CA24EA8A4638B7F766EA6BA805C0">
<enum>
(1)
</enum>
<header>
Definitions
</header>
<text>
In
this subsection:
</text>
<subparagraph id="HF93641B5A2404E61800E8D390CCE4633">
<enum>
(A)
</enum>
<header>
Additional
appropriation
</header>
<text>
The term
<term>
additional appropriation
</term>
means the amount (if any) by which the appropriation for a fiscal year exceeds
the total of—
</text>
<clause id="H646C09D985DE4B01ACD3150301A38DFD">
<enum>
(i)
</enum>
<text>
the amount
reserved under subsection (b) for that fiscal year; and
</text>
</clause>
<clause id="H1FB9005378BA4F8EA51EDE82F7388766">
<enum>
(ii)
</enum>
<text>
the appropriation
for fiscal year 2008.
</text>
</clause>
</subparagraph>
<subparagraph id="H57B9DA0C35EC48E19228F5637068E907">
<enum>
(B)
</enum>
<header>
Appropriation
</header>
<text>
The
term
<term>
appropriation
</term>
means the amount appropriated to carry out this
part.
</text>
</subparagraph>
<subparagraph id="H40BA8BB94FC84D3BAFCD26FCC7DA49DB">
<enum>
(C)
</enum>
<header>
Base
appropriation
</header>
<text>
The term
<term>
base appropriation
</term>
means the
portion of the appropriation for a fiscal year that is equal to the lesser
of—
</text>
<clause id="HCD0C4BBAC485471286D1D838DAE0590F">
<enum>
(i)
</enum>
<text>
an
amount equal to 100 percent of the appropriation, minus the amount reserved
under subsection (b) for that fiscal year; or
</text>
</clause>
<clause id="HB3FB8848E21B49889C482ABC3982A086">
<enum>
(ii)
</enum>
<text>
the appropriation
for fiscal year 2008.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H99C3FAAEFBA74F6188AADCFD8F7EFA07">
<enum>
(2)
</enum>
<header>
Allotments to
States from base appropriation
</header>
<text>
After the reservation required by
subsection (b) has been made, the ILA Director shall allot to each State whose
State plan has been approved under section 706 an amount that bears the same
ratio to the base appropriation as the amount the State received under this
subsection for fiscal year 2008 bears to the total amount that all States
received under this subsection for fiscal year 2008.
</text>
</paragraph>
<paragraph id="HF9E62797FE144284BBAD8E17CFB59B42">
<enum>
(3)
</enum>
<header>
Allotments to
States of additional appropriation
</header>
<text>
From the portion of any
additional appropriation for each fiscal year that remains after the
application of paragraph (4), the ILA Director shall allot to each State whose
State plan has been approved under section 706 an amount equal to the sum
of—
</text>
<subparagraph id="H68043AC5482B4962B6364568060A11B5">
<enum>
(A)
</enum>
<text>
an amount that
bears the same ratio to 50 percent of the portion as the population of the
State bears to the population of all States; and
</text>
</subparagraph>
<subparagraph id="H531D1F8C3CB04C8DBABE903F13EFE8B9">
<enum>
(B)
</enum>
<text>
<fraction>
1/56
</fraction>
of 50 percent of that portion.
</text>
</subparagraph>
</paragraph>
<paragraph id="H71D88A6DA901450281E017C729A0F5C7">
<enum>
(4)
</enum>
<header>
Grants for
centers for American Indians
</header>
<subparagraph id="HCAB95E027FA4421AADD2D983D6AD0E71">
<enum>
(A)
</enum>
<header>
Grants
</header>
<text>
The
ILA Director may reserve not more than 5 percent of the additional
appropriation for any fiscal year. The ILA Director shall use the reserved
funds to make individual grants to support new or existing centers for
independent living run by, or in conjunction with, the governing bodies of
American Indian tribes located on Federal or State reservations (including
consortia of such governing bodies). A governing body that receives such a
grant shall use the grant funds for such a center that serves American Indians
who are individuals with disabilities residing on or near such a
reservation.
</text>
</subparagraph>
<subparagraph id="HFC2CBE0D20184D458748B1CFA3D438A7">
<enum>
(B)
</enum>
<header>
Applications
</header>
<clause id="H4771DEDD23D8485086BB95CD4D612490">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
To be eligible to receive a grant under this paragraph
for an independent living center, a governing body, or a governing body in
conjunction with a center for independent living, shall submit an application
to the ILA Director at such time, in such manner and containing such
information as the ILA Director may require, and obtain approval for the
application.
</text>
</clause>
<clause id="H1642E31910764E65B495EFCC21BD6DB5">
<enum>
(ii)
</enum>
<header>
Contents
</header>
<text>
At
a minimum, the application shall contain an assurance that the center—
</text>
<subclause id="H41FC362C2C604DAF9ADC1F47AB6C84A1">
<enum>
(I)
</enum>
<text>
will meet the
definition of a center for independent living under section 702;
</text>
</subclause>
<subclause id="HDE91A35C86184C34878FE4782F7E2EA5">
<enum>
(II)
</enum>
<text>
will provide
independent living core services (as defined in section 7(17)) to American
Indians described in subparagraph (A) and, in appropriate cases, may provide to
such American Indians services traditionally used by Indian tribes;
</text>
</subclause>
<subclause id="HE1C3BA1B785444A88746E7FED67B004D">
<enum>
(III)
</enum>
<text>
will have
sufficient staff to provide the services described in subclause (II);
and
</text>
</subclause>
<subclause id="HA0BBB79B004640F3B0BD5A78A0C322BC">
<enum>
(IV)
</enum>
<text>
will comply with
the standards and provide and comply with the assurances for centers for
independent living under section 725.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HF775ABF28EB3404081851890F8C6F18E">
<enum>
(C)
</enum>
<header>
Carryover
authority
</header>
<text>
Notwithstanding any other provision of law, any funds
provided through a grant made under subparagraph (A) to an individual grant
recipient for a fiscal year that are not obligated or expended by the recipient
prior to the beginning of the succeeding fiscal year shall remain available for
obligation and expenditure by such recipient during that succeeding fiscal year
and the subsequent fiscal year.
</text>
</subparagraph>
<subparagraph id="H4CF297FB53104B9C8334E2738BB92D77">
<enum>
(D)
</enum>
<header>
Reservation
</header>
<text>
In
this paragraph, the term
<term>
reservation
</term>
has the meaning given the
term in section 121(d).
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H4B599ECA5772424C86DC8F3C783FD350">
<enum>
(4)
</enum>
<text>
in subsection (d),
by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
ILA Director
</quote>
; and
</text>
</paragraph>
<paragraph id="H6B30E7C9DEFD45F7B9162CBF2BDCCCA6">
<enum>
(5)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H9A047DDE010B4816BE2AF12ED8B007E3" style="OLC">
<subsection id="HA4536C754BFE4FFA9147C4C37DF0BCF0">
<enum>
(e)
</enum>
<header>
Carryover
authority
</header>
<text>
Notwithstanding any other provision of law—
</text>
<paragraph id="H2BA0AD91F4A149B58B4E88073C665FDE">
<enum>
(1)
</enum>
<text>
any funds
appropriated for a fiscal year to carry out a grant program under section 722
or 723, that are not obligated and expended by the recipients prior to the
beginning of the succeeding fiscal year shall remain available for obligation
and expenditure by such recipients during that succeeding fiscal year and the
subsequent fiscal year; and
</text>
</paragraph>
<paragraph id="H4466FFCB3E344CA29D9BCD8C6DF62447">
<enum>
(2)
</enum>
<text>
any amounts of
program income received by recipients under a grant program under section 722
or 723 in a fiscal year, that are not obligated and expended by the recipients
prior to the beginning of the succeeding fiscal year, shall remain available
for obligation and expenditure by such recipients during that succeeding fiscal
year and the subsequent fiscal year.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H1C5A865C085B4EA69C66AD9524400B87">
<enum>
482.
</enum>
<header>
Centers
</header>
<subsection commented="no" display-inline="no-display-inline" id="H9177EC7858FF41AF80386363481674DE">
<enum>
(a)
</enum>
<header display-inline="yes-display-inline">
Centers in States in which Federal funding
exceeds State funding
</header>
<text display-inline="yes-display-inline">
Section
722 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-1">
29 U.S.C. 796f–1
</external-xref>
) is amended—
</text>
<paragraph id="HA0048EB89A4246469C013A4DF5B43CE0">
<enum>
(1)
</enum>
<text>
in subsections
(a), (b), and (c), by striking
<quote>
Commissioner
</quote>
each place it
appears and inserting
<quote>
ILA Director
</quote>
;
</text>
</paragraph>
<paragraph id="H1B48B490CFED48DBB33C6A9233298844">
<enum>
(2)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H7AE544D1BC3247029C6333D394AE90E1">
<enum>
(A)
</enum>
<text>
by striking
<quote>
grants
</quote>
and inserting
<quote>
grants for a fiscal year
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="H3806854D33BB41328E5AC22F85037B28">
<enum>
(B)
</enum>
<text>
by striking
<quote>
by September 30, 1997
</quote>
and inserting
<quote>
for the preceding
fiscal year
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H5273FB8050A840FFACABF9F813A586C2">
<enum>
(3)
</enum>
<text>
in subsection
(d)—
</text>
<subparagraph id="HEE90CEECA987494FAC4075C03AF3CA29">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="H5E0280E3A8E24B40A9AFED93D8C9D85A">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
Commissioner
</quote>
and inserting
<quote>
ILA Director
</quote>
;
and
</text>
</clause>
<clause id="H710EF39982A74C3489A0B09AB68A7F39">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
region, consistent
</quote>
and all that follows and inserting
<quote>
region. The ILA Director's determination of the most qualified applicant
shall be consistent with the provisions in the State plan setting forth the
design of the State for establishing a statewide network of centers for
independent living.
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H068C7A3356F14DD29F5E64B10F5FB726">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="HF11CE0E339B54924955B0BA6B600AC4F">
<enum>
(i)
</enum>
<text>
in
the matter preceding subparagraph (A), by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
ILA Director
</quote>
; and
</text>
</clause>
<clause id="H5761D7CCCC7D44898926EDD48D10F97B">
<enum>
(ii)
</enum>
<text>
by
striking subparagraph (A) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1115B4954462442C9DFD26C3130D367A" style="OLC">
<subparagraph id="H8299F469016140ACB0B84B611C8A4F75">
<enum>
(A)
</enum>
<text>
shall consider
comments regarding the application—
</text>
<clause id="H19B75C15908E49028C27ABD4B17ACF31">
<enum>
(i)
</enum>
<text>
by
individuals with disabilities and other interested parties within the new
region proposed to be served;
</text>
</clause>
<clause id="H92954ED1AE284E9BAD3CCC22F0E83DA9">
<enum>
(ii)
</enum>
<text>
if any, by the
Statewide Independent Living Council in the State in which the applicant is
located;
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H999E53FD91484AC6A3C470746EAEB70C">
<enum>
(iii)
</enum>
<text>
in
subparagraph (C), by inserting
<quote>
, and consistent with the other
objectives of this title
</quote>
before the period; and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H0A33624FCC2342DDB9DD79D60463D144">
<enum>
(4)
</enum>
<text>
in subsections (e)
and (g) by striking
<quote>
Commissioner
</quote>
each place it appears and
inserting
<quote>
ILA Director.
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H26566014AF8E45A49318FF03AF80D053">
<enum>
(b)
</enum>
<header>
Centers in
States in which State funding exceeds Federal funding
</header>
<text display-inline="yes-display-inline">
Section 723 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-2">
29 U.S.C. 796f–2
</external-xref>
) is
amended—
</text>
<paragraph id="HE3B07F1C160A432BB11295B0883626D1">
<enum>
(1)
</enum>
<text>
in subsections
(a), (b), (g), (h), and (i), by striking
<quote>
Commissioner
</quote>
each place
it appears and inserting
<quote>
ILA Director
</quote>
;
</text>
</paragraph>
<paragraph id="HA9DE4BB5857244CCAC272C47699CB51E">
<enum>
(2)
</enum>
<text>
in subsection (a),
in the header of paragraph (3), by striking
<quote>
<header-in-text level="paragraph" style="OLC">
commissioner
</header-in-text>
</quote>
and
inserting
<quote>
<header-in-text level="paragraph" style="OLC">
ILA
director
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="H2775F5BED19E4A9DB6F00678EEE41473">
<enum>
(3)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="HA0641A8A0853400DA1ABD3D0F90674D3">
<enum>
(A)
</enum>
<text>
by striking
<quote>
grants
</quote>
and inserting
<quote>
grants for a fiscal year
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="HA78AAB438A984D8EA4D632135C5F3EF9">
<enum>
(B)
</enum>
<text>
by striking
<quote>
by September 30, 1997
</quote>
and inserting
<quote>
for the preceding
fiscal year
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H8AA04D03E3C24E2BB1895BF97DE17C9A">
<enum>
(c)
</enum>
<header>
Centers operated
by State agencies
</header>
<text display-inline="yes-display-inline">
Section 724
(
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-3">
29 U.S.C. 796f–3
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="H3C6E3CAB976C4287A91A85AD75A3D27C">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in the matter preceding paragraph
(1)—
</text>
<subparagraph commented="no" id="H8875D2E0A2204627A9DAE537B57310F8">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
1993
</quote>
and
inserting
<quote>
2012
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="HB007065F15FE448DAA52C0DBFCDF8675">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
Rehabilitation Act
Amendments of 1998
</quote>
and inserting
<quote>
Workforce Investment Act of
2012
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="HBBE8234524E940EAB1D30C09D616FAD9">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
1994
</quote>
and
inserting
<quote>
2012
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H940E70D975214B8E8234CF82D57B3FFF">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
ILA Director
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section id="H4A22EF78D2E649709771DF08E9CE6273">
<enum>
483.
</enum>
<header>
Standards and
assurances
</header>
<text display-inline="no-display-inline">
Section 725 (29
U.S.C. 796f–4) is amended—
</text>
<paragraph id="H9CA2582DE29F461BB1ED0BE5A360AE7C">
<enum>
(1)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="HED2E8FB5E4394929B701FB2A10724FB8">
<enum>
(A)
</enum>
<text>
in paragraph
(1)(D), by striking
<quote>
to society
</quote>
and inserting
<quote>
, both
within the community and throughout the United States,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H49C74B605BAC44A2BFDDFE6171E17ED8">
<enum>
(B)
</enum>
<text>
in paragraph
(5)—
</text>
<clause id="HFE5DDCCA81104A18ABE1C3B02AE7FAFE">
<enum>
(i)
</enum>
<text>
by
inserting
<quote>
(as defined in section 7(17))
</quote>
after
<quote>
core
services
</quote>
; and
</text>
</clause>
<clause id="H4B063DC3B7954E04AEDF2216E5C75831">
<enum>
(ii)
</enum>
<text>
by
inserting before the period the following:
<quote>
to eligible individuals, to
promote full access to community life
</quote>
; and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HD05DF2A6E6254A118514225D45A2509E">
<enum>
(2)
</enum>
<text>
in subsection (c),
by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
ILA Director
</quote>
.
</text>
</paragraph>
</section>
<section id="H00AFF06D2BF74B228AD96B0EC65645B1">
<enum>
484.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
Section 727
(
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-6">
29 U.S.C. 796f–6
</external-xref>
) is amended by striking
<quote>
fiscal years 1999 through
2003
</quote>
and inserting
<quote>
fiscal years 2013 through
2017
</quote>
.
</text>
</section>
</chapter>
<chapter id="HF0EF6149E56B4143AB8D4F54C960495C">
<enum>
4
</enum>
<header>
Independent Living
Services for Older Individuals who are Blind
</header>
<section id="H5304FB3A80704C06A357B747775E0426">
<enum>
486.
</enum>
<header>
Independent
living services for older individuals who are blind
</header>
<text display-inline="no-display-inline">
Chapter 2 of title VII of the
<act-name parsable-cite="REH">
Rehabilitation Act of 1973
</act-name>
(29 U.S.C.
796j et seq.) is amended—
</text>
<paragraph id="HA8E89AD9912448BC947AEB29F55F43A9">
<enum>
(1)
</enum>
<text>
by redesignating
sections 752 and 753 as sections 753 and 754, respectively; and
</text>
</paragraph>
<paragraph id="HBA8305877A9D489AA345144530AEE5CC">
<enum>
(2)
</enum>
<text>
by inserting after
section 751 the following:
</text>
<quoted-block id="H2DF666DD90B44B3BB263224430D5BFCA" style="OLC">
<section id="HDB6442CE84D74D3190FDC0A559B93B87">
<enum>
752.
</enum>
<header>
Training and
technical assistance
</header>
<subsection id="HC0B9016CBC914B9EB04B0DE3BBCB0689">
<enum>
(a)
</enum>
<header>
Grants;
Contracts; Other Arrangements
</header>
<text>
For any fiscal year for which the
funds appropriated to carry out this chapter exceed the funds appropriated to
carry out this chapter for fiscal year 2008, the Commissioner shall first
reserve from such excess, to provide training and technical assistance to
designated State agencies, or other providers of independent living services
for older individuals who are blind, that are funded under this chapter for
such fiscal year, not less than 1.8 percent, and not more than 2 percent, of
the funds appropriated to carry out this chapter for the fiscal year
involved.
</text>
</subsection>
<subsection id="HD6CF1CF9EA2A422ABD552FBE170CF5C8">
<enum>
(b)
</enum>
<header>
Allocation
</header>
<text>
From
the funds reserved under subsection (a), the Commissioner shall make grants to,
and enter into contracts and other arrangements with, entities that demonstrate
expertise in the provision of services to older individuals who are blind, to
provide training and technical assistance with respect to planning, developing,
conducting, administering, and evaluating independent living programs for older
individuals who are blind.
</text>
</subsection>
<subsection id="H8B707571ABE249668188840AA8F7C4AB">
<enum>
(c)
</enum>
<header>
Funding
Priorities
</header>
<text>
The Commissioner shall conduct a survey of designated
State agencies that receive grants under section 753 regarding training and
technical assistance needs in order to determine funding priorities for grants,
contracts, and other arrangements under this section.
</text>
</subsection>
<subsection id="H2CCA7095618B42BE82F33CEE33E81B0E">
<enum>
(d)
</enum>
<header>
Application
</header>
<text>
To
be eligible to receive a grant or enter into a contract or other arrangement
under this section, an entity shall submit an application to the Commissioner
at such time, in such manner, containing a proposal to provide such training
and technical assistance, and containing such additional information as the
Commissioner may require.
</text>
</subsection>
<subsection id="H357760B7A8FA41D5BA928A2DF9DA3EA9">
<enum>
(e)
</enum>
<header>
Prohibition on
Combined Funds
</header>
<text>
No funds reserved by the Commissioner under this
section may be combined with funds appropriated under any other Act or portion
of this Act if the purpose of combining funds is to make a single discretionary
grant or a single discretionary payment, unless such reserved funds are
separately identified in the agreement for such grant or payment and are used
for the purposes of this
chapter.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HF18FD82E024846C5973BC1C1E504525C">
<enum>
487.
</enum>
<header>
Program of
grants
</header>
<text display-inline="no-display-inline">
Section 753 of the
<act-name parsable-cite="REH">
Rehabilitation Act of 1973
</act-name>
(29 U.S.C.
796k), as redesignated by section 586, is amended—
</text>
<paragraph id="H31D7F085923D4FCB99B47760C5B8FA94">
<enum>
(1)
</enum>
<text>
by striking
subsection (h);
</text>
</paragraph>
<paragraph id="H30B578EBE33B46A48EC3B6B380A72881">
<enum>
(2)
</enum>
<text>
by redesignating
subsections (i) and (j) as subsections (h) and (i), respectively;
</text>
</paragraph>
<paragraph id="H508A140FC9514C65A7A4DCF757A81EB4">
<enum>
(3)
</enum>
<text>
in subsection (b),
by striking
<quote>
section 753
</quote>
and inserting
<quote>
section
754
</quote>
;
</text>
</paragraph>
<paragraph id="HBAD6647D1BAC46EBAFD5C7B2C4BBBB42">
<enum>
(4)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="HF8037F5937C549A485F0ED8F3901B075">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by striking
<quote>
section 753
</quote>
and inserting
<quote>
section
754
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H2B7ADBEEF71F46739FF7B44CF34E1E6B">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H5F5D1C8ED5414D9CB3DB85AD397103F8">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
subsection (j)
</quote>
and inserting
<quote>
subsection
(i)
</quote>
; and
</text>
</clause>
<clause id="H773033C1B72D4C89AB460435A31290BB">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
subsection (i)
</quote>
and inserting
<quote>
subsection
(h)
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H6BBD8D1435304831B4E6B9DC708069F5">
<enum>
(5)
</enum>
<text>
in subsection (g),
by inserting
<quote>
, or contracts with,
</quote>
after
<quote>
grants
to
</quote>
;
</text>
</paragraph>
<paragraph id="H07AC74C3CFB94D2EB0D85D92BD2D4874">
<enum>
(6)
</enum>
<text>
in subsection (h),
as redesignated by paragraph (2)—
</text>
<subparagraph id="H498EEB33E68840D8945B879462C6965D">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by striking
<quote>
subsection (j)(4)
</quote>
and inserting
<quote>
subsection
(i)(4)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H9F0AFCC6EC5D4F8281D8E97168E3C577">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H54B0AA601F034A7B876CEA3DAE21F9E2">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)(vi), by adding
<quote>
and
</quote>
after the semicolon;
</text>
</clause>
<clause id="HAA301237167F43CAAA2D8AF698B9514C">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B)(ii)(III), by striking
<quote>
; and
</quote>
and inserting a
period; and
</text>
</clause>
<clause id="H3B919ABDC60D4840859CBE8B0D299AB3">
<enum>
(iii)
</enum>
<text>
by
striking subparagraph (C); and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H1AA5407159194443A3D00EB73EC096D6">
<enum>
(7)
</enum>
<text>
in subsection (i),
as redesignated by paragraph (2)—
</text>
<subparagraph id="H00697E6938E7406A89076A7219034490">
<enum>
(A)
</enum>
<text>
by striking
paragraph (2) and inserting the following:
</text>
<quoted-block id="H3F311DA7AEF849BB81C96B5F6276E14A" style="OLC">
<paragraph id="HF828CAA0C86E4FCF8FE4032CE5600937">
<enum>
(2)
</enum>
<header>
Minimum
allotment
</header>
<subparagraph id="H94065AC2A1554F51B7DBCCFEB23B016E">
<enum>
(A)
</enum>
<header>
States
</header>
<text>
In
the case of any of the several States, the District of Columbia, or the
Commonwealth of Puerto Rico, the amount referred to in paragraph (1)(A) for a
fiscal year is the greater of—
</text>
<clause id="H54B9FD669EAB40DF8F318FB27EE692F8">
<enum>
(i)
</enum>
<text>
$350,000;
</text>
</clause>
<clause id="HBB5A0F8F1E544873A1288E738FA96809">
<enum>
(ii)
</enum>
<text>
an amount equal
to the amount the State, the District of Columbia, or the Commonwealth of
Puerto Rico received to carry out this chapter for fiscal year 2008; or
</text>
</clause>
<clause id="H56AE2FA55BA84908A8F9188DA75887D1">
<enum>
(iii)
</enum>
<text>
an amount equal
to
<fraction>
1/3
</fraction>
of 1 percent of the amount appropriated under
section 754, and not reserved under section 752, for the fiscal year and
available for allotments under subsection (a).
</text>
</clause>
</subparagraph>
<subparagraph id="H2D77D2AB96554FC8AAB494DB21669C4E">
<enum>
(B)
</enum>
<header>
Certain
territories
</header>
<text>
In the case of Guam, American Samoa, the United
States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, the
amount referred to in paragraph (1)(A) for a fiscal year is
$60,000.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HADAF2CADF2454EADB4F0D8E0A5CD7A89">
<enum>
(B)
</enum>
<text>
in paragraph
(3)(A), by striking
<quote>
section 753
</quote>
and inserting
<quote>
section
754, and not reserved under section 752,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H3A894348117240BFAAAD495CCCF4C202">
<enum>
(C)
</enum>
<text>
in paragraph
(4)(B)(i), by striking
<quote>
subsection (i)
</quote>
and inserting
<quote>
subsection (h)
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="HD72017FFC7FD4882ABA1E129566AA300">
<enum>
488.
</enum>
<header>
Independent
living services for older individuals who are blind authorization of
appropriations
</header>
<text display-inline="no-display-inline">
Section 754 of
the
<act-name parsable-cite="REH">
Rehabilitation Act of 1973 (29 U.S.C.
796l)
</act-name>
, as redesignated by section 586, is amended by striking
<quote>
fiscal years 1999 through 2003
</quote>
and inserting
<quote>
fiscal years
2013 through 2017
</quote>
.
</text>
</section>
</chapter>
</subtitle>
<subtitle id="HDEBF394584844197A53D0A22CED9D5F7">
<enum>
I
</enum>
<header>
Increasing
employment opportunities for individuals with disabilities
</header>
<section id="H0FAB6B2F75A544AFB15178D9393749B7">
<enum>
491.
</enum>
<header>
Disability
employment
</header>
<text display-inline="no-display-inline">
The Rehabilitation
Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
) is amended by adding at the end the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HA462EB0EDE2448319578B97CE00A2127" style="OLC">
<title id="HB76256EEF71C49F4A167042B5074F314">
<enum>
VIII
</enum>
<header>
Increasing
Employment Opportunities for Individuals with Disabilities
</header>
<section id="H900B4D8F3FB54A16999FB89E90440A3F">
<enum>
801.
</enum>
<header>
Public
education campaigns about hiring individuals with disabilities
</header>
<subsection id="HC6948BF3EDFD46F6844ACC7D09B09D66">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Not later than 120
days after the date of enactment of the Workforce Investment Act of 2012, the
Secretary of Labor, acting through the Assistant Secretary and in coordination
with the Commissioner of the Rehabilitation Services Administration, the
Commissioner of Social Security, the Commissioner of the Internal Revenue
Service, and the heads of other relevant Federal agencies and divisions of
Federal agencies, shall develop and carry out public education campaigns that
educate employers (including small businesses), employees (including
individuals with disabilities), and members of the general public (including
young adults) on the benefits of hiring individuals with disabilities. The
public education campaign for employers (including small businesses) shall
include information on—
</text>
<paragraph id="H9C4BD007B23D41A89C7DC102FB21A460">
<enum>
(1)
</enum>
<text>
the work
opportunity credit under
<external-xref legal-doc="usc" parsable-cite="usc/26/51">
section 51
</external-xref>
of the Internal Revenue Code of 1986;
and
</text>
</paragraph>
<paragraph id="H136BB2F85ACE48AFAAB3509189F1C409">
<enum>
(2)
</enum>
<text>
tax incentives
available to businesses to help cover the cost of improving accessibility,
including—
</text>
<subparagraph id="H5B7F63EDC9384CC89C0416AFD82ADD75">
<enum>
(A)
</enum>
<text>
the disabled
access credit under
<external-xref legal-doc="usc" parsable-cite="usc/26/44">
section 44
</external-xref>
of the Internal Revenue Code of 1986; and
</text>
</subparagraph>
<subparagraph id="H70DBBBA0060746D99AF6D1B15669DCCF">
<enum>
(B)
</enum>
<text>
the tax deduction
available under
<external-xref legal-doc="usc" parsable-cite="usc/26/190">
section 190
</external-xref>
of the Internal Revenue Code of 1986, for expenses
for architectural barrier removal.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H68E6A4F691BC4A448DA2852C435FDF0F">
<enum>
(b)
</enum>
<header>
Educational
materials
</header>
<text>
The public education campaigns described in subsection
(a) shall include, as necessary, different educational materials in order to
adequately target and educate, small businesses, employers generally,
employees, and members of the general public, including educational materials
on work incentives that may assist individuals with disabilities in leaving
programs of public benefits, entering the workforce, advancing their economic
status, and contributing to and participating more fully in their
communities.
</text>
</subsection>
</section>
</title>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H3F790E1D5D9E4848BF94DCABBF31BC3C">
<enum>
492.
</enum>
<header>
Table of
contents
</header>
<text display-inline="no-display-inline">
The table of contents
in section 1(b) is amended—
</text>
<paragraph id="HC0FF3BBE592842DF948E446B374ADA31">
<enum>
(1)
</enum>
<text>
by striking the
item relating to section 109 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H899817A8A0CB45CAB5468BB538C412CB" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 109. Training and services
for employers.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HF9C1E1EE473544D5953C53DD8052AA24">
<enum>
(2)
</enum>
<text>
by inserting after
the item relating to section 112 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H9AF6509CBD594E708DE4255DD87D75BF" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 113. Additional technical
assistance.
</toc-entry>
<toc-entry bold="off" level="section">
Sec. 114. Pre-employment
transition
services.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H98E45A3D3B294D22800801DC2CB0E689">
<enum>
(3)
</enum>
<text>
by inserting after
the item relating to section 205 the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF20BA213379840AA9D3A4D72AC443AFB" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 206. Definition of covered
school.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H2AC29DD8F4AF4FAF974673CCB8C32135">
<enum>
(4)
</enum>
<text>
by inserting after
the item relating to section 509 the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD576D0A7011A4774839B10FF3D585C4E" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 510. Establishment of
standards for accessible medical diagnostic
equipment.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H9DF3EBDF66054B97BF7FC6A886949E4A">
<enum>
(5)
</enum>
<text>
by striking the
items relating to part B of title VI and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H9F90B714FBB74092AEF93D7A81EE9F51" style="OLC">
<toc>
<toc-entry level="part">
Part B—Supported employment
services
</toc-entry>
<toc-entry level="section">
Sec. 620. Authorization of
appropriations.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H4EFF8703DD3443B791D58312D2D9D65C">
<enum>
(6)
</enum>
<text>
in the items
relating to title VII—
</text>
<subparagraph id="H2427B8010F1E4B3C8A558357835B8221">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="HBAC49DB799334D3DA19C56DD8B74E1B1">
<enum>
(i)
</enum>
<text>
by inserting after the
item relating to section 701 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H946302DA42624E328FEBEACD9B7CEB21" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 701A. Independent Living
Administration.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<continuation-text continuation-text-level="subparagraph">
and
</continuation-text>
<clause id="HE4CB451942714F02973BB79710C8A224" indent="up1">
<enum>
(ii)
</enum>
<text>
by striking the item relating to
section 706 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H59A1A0624D1C4AC980B77B2D398FA82A" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 706. Responsibilities of
the ILA
Director.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H912D06D9186D4B1D8A79FDA0D6EE6773">
<enum>
(B)
</enum>
<text>
by inserting after
the item relating to section 711 the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF6897D0AAD5F425BB8CAADB578655C53" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 711A. Training and
technical
assistance.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
<continuation-text continuation-text-level="subparagraph">
and
</continuation-text>
</subparagraph>
<subparagraph id="H7859249BDB674D05BC13A5F1FF6BF0F3">
<enum>
(C)
</enum>
<text>
by striking the
items relating to sections 752 and 753 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H30E0B4ABA6AD43C5912A892D28249B0D" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 752. Training and
technical assistance.
</toc-entry>
<toc-entry bold="off" level="section">
Sec. 753. Program of
grants.
</toc-entry>
<toc-entry bold="off" level="section">
Sec. 754. Authorization of
appropriations.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
<continuation-text continuation-text-level="subparagraph">
and
</continuation-text>
</subparagraph>
</paragraph>
<paragraph id="H26EDB509CC7344B7B4A33A64A44221A7">
<enum>
(7)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1BB13FC828B2499486F0B3ACC8BEAD42" style="OLC">
<toc>
<toc-entry bold="off" level="title">
TITLE VIII—INCREASING EMPLOYMENT
OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES
</toc-entry>
<toc-entry bold="off" level="section">
Sec. 801. Public education
campaigns about hiring individuals with
disabilities.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
</title>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 798 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Tierney (for himself, Mr. Hinojosa , and Mr. George Miller of California ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To reauthorize the Workforce Investment Act of 1998 to strengthen the United States workforce investment system through innovation in, and alignment and improvement of, employment, training, and education programs, and to promote national economic growth, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Workforce Investment Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Purposes and principles. Title I—Workforce Investment Systems Subtitle A—Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 111. State workforce investment boards and requirements for State plans. Sec. 112. State unified plan. Sec. 113. Local workforce investment areas and boards. Sec. 114. Additional one-stop programs and activities. Sec. 115. Providers of training services. Sec. 116. Youth activities. Sec. 117. Adult and dislocated worker training activities. Sec. 118. Unified performance accountability system. Sec. 119. Authorization of funding for one-stop infrastructure. Subtitle C—Job Corps Sec. 131. Purposes. Sec. 132. Definitions. Sec. 133. Individuals eligible for the Job Corps. Sec. 134. Recruitment, screening, selection, and assignment of enrollees. Sec. 135. Enrollment. Sec. 136. Job Corps centers. Sec. 137. Program activities. Sec. 138. Support. Sec. 139. Community participation. Sec. 140. Industry councils. Sec. 141. Experimental, research, and demonstration projects and College Corps program. Sec. 142. Technical amendment. Sec. 143. Performance accountability and management. Sec. 144. Authorization of appropriations. Subtitle D—National Programs Sec. 151. Native American programs. Sec. 152. Migrant and seasonal farmworker programs. Sec. 153. Veterans workforce investment programs. Sec. 154. Repeal. Sec. 155. Technical assistance. Sec. 156. Innovation projects. Sec. 157. Workforce and youth innovation and best practices grants. Sec. 158. Evaluations. Sec. 159. National dislocated worker grants. Sec. 160. Youthbuild program. Sec. 161. Authorization of appropriations. Sec. 162. Transition grants to States. Sec. 163. Interagency agreement. Subtitle E—Administration Sec. 171. Requirements and restrictions. Sec. 172. Fiscal controls or sanctions. Sec. 173. Reports, recordkeeping, investigations. Sec. 174. Administrative provisions. Sec. 175. Repeals. Sec. 176. General program requirements. Sec. 177. Office of Disability Employment Policy. Sec. 178. Independent evaluation of the efficiency and effectiveness of the Federal Workforce Investment System. Subtitle F—Community College to Career Fund Sec. 181. Community College to Career Fund. Title II—Adult Education and Literacy Sec. 201. Purposes, definitions, and miscellaneous provisions. Sec. 202. Amendments to subtitle A. Sec. 203. Amendments to subtitle B. Sec. 204. Amendments to subtitle C. Sec. 205. Amendments to subtitle D. Title III—Amendments to the Wagner-Peyser Act Sec. 301. Employment service offices. Sec. 302. Definitions. Sec. 303. Federal and State employment service offices. Sec. 304. Allotment of sums. Sec. 305. Use of sums. Sec. 306. State plan. Sec. 307. Performance accountability measures. Sec. 308. Pilot projects. Sec. 309. Labor market information system. Title IV—Amendments to the Rehabilitation Act of 1973 Subtitle A—Introductory Provisions Sec. 401. References. Sec. 402. Findings, purpose, policy. Sec. 403. Rehabilitation Services Administration. Sec. 404. Definitions. Sec. 405. Administration of the Act. Sec. 406. Reports. Sec. 407. Evaluation. Sec. 408. Carryover. Sec. 409. Traditionally underserved populations. Subtitle B—Vocational rehabilitation services Sec. 411. Declaration of policy; authorization of appropriations. Sec. 412. State plans. Sec. 413. Eligibility and individualized plan for employment. Sec. 414. Vocational rehabilitation services. Sec. 415. State Rehabilitation Council. Sec. 416. Performance accountability measures. Sec. 417. Monitoring and review. Sec. 418. Training and services for employers. Sec. 419. State allotments. Sec. 420. Client Assistance Program. Sec. 421. Technical assistance for quality services. Sec. 422. Pre-employment transition services. Sec. 423. American Indian vocational rehabilitation services. Subtitle C—Research and Training Sec. 431. Purpose. Sec. 432. Authorization of appropriations. Sec. 433. National Institute on Disability and Rehabilitation Research. Sec. 434. Interagency Committee. Sec. 435. Research and other covered activities. Sec. 436. Rehabilitation Research Advisory Council. Sec. 437. Definition of covered school. Subtitle D—Professional Development and Special Projects and Demonstration Sec. 441. Training. Sec. 442. Demonstration and training programs. Sec. 443. Migrant and seasonal farmworkers. Sec. 444. Recreational programs. Subtitle E—National Council on Disability Sec. 451. Report. Sec. 452. Authorization of appropriations. Subtitle F—Rights and advocacy Sec. 456. Board and Council. Sec. 457. Protection and advocacy of individual rights. Sec. 458. Standards for accessible medical diagnostic equipment. Subtitle G—Employment Opportunities for Individuals With Disabilities Sec. 461. Projects with industry. Sec. 462. Authorization of appropriations. Sec. 463. Supported employment services. Subtitle H—Independent Living Services and Centers for Independent Living Chapter 1—General provisions Sec. 471. Purpose. Sec. 472. Independent Living Administration. Sec. 473. Definitions. Sec. 474. State plan. Sec. 475. Statewide Independent Living Council. Sec. 476. Responsibilities of the ILA Director. Chapter 2—Independent living services Sec. 477. Administration. Chapter 3—Centers for independent living Sec. 481. Program authorization. Sec. 482. Centers. Sec. 483. Standards and assurances. Sec. 484. Authorization of appropriations. Chapter 4—Independent Living Services for Older Individuals who are Blind Sec. 486. Independent living services for older individuals who are blind. Sec. 487. Program of grants. Sec. 488. Independent living services for older individuals who are blind authorization of appropriations. Subtitle I—Increasing employment opportunities for individuals with disabilities Sec. 491. Disability employment. Sec. 492. Table of contents. 2. Purposes and principles The purposes of this Act include the following: (1) To increase economic growth by improving the education and skills of American workers. (2) To ensure middle class prosperity through strong investment in talent and workforce development. (3) To prepare the unemployed, the underemployed, and those most disadvantaged with skills to match up with employer needs. (4) To provide individuals streamlined access to in-demand skills training and employment services by aligning education, training and workforce investment programs. (5) To strengthen engagement with employers in in-demand industries and all sectors to meet the needs of employers. (6) To improve the competitiveness and dynamism of the Nation’s future workforce by investing in college and career-ready pathways for young adults. (7) To ensure accountability and efficiency through system performance measures that incentivize continuous improvement in services for workers and employers. (8) To encourage private sector partnerships connecting employers, labor unions, community colleges, workforce boards and related stakeholders to develop workforce skills that meet employer needs, including career pathways, recognized postsecondary credentials, and regional planning. I Workforce Investment Systems A Definitions 101. Definitions Section 101 is amended— (1) by striking paragraph (24) and by redesignating— (A) paragraphs (52) and (53) as paragraphs (60) and (61), respectively; (B) paragraphs (40) through (51) as paragraphs (47) through (58), respectively; (C) paragraphs (25) through (39) as paragraphs (31) through (45), respectively; (D) paragraphs (18) through (23) as paragraphs (25) through (30), respectively; (E) paragraph (17) as paragraph (22); (F) paragraphs (12) through (16) as paragraphs (16) through (20), respectively; (G) paragraphs (8) through (11), as paragraphs (11) through (14), respectively; and (H) paragraphs (5) through (7) as paragraphs (6) through (8), respectively; (2) by inserting after paragraph (4) the following: (5) Career pathway (A) In general The term career pathway means a sequence of education, training, and other supportive services, clearly articulated from one level of instruction to the next, that are designed to prepare individuals to meet a set of career-related objectives as referenced in subparagraph (C). (B) Services The services referred to in subparagraph (A) shall be— (i) aligned with the skill needs of industries in the State or regional economy involved; (ii) designed to increase an individual’s educational and skill attainment, and improve the individual’s employment outcomes and ability to meet career-related objectives, by— (I) preparing individuals for the full range of secondary or postsecondary education options, including apprenticeships registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ) (referred to individually in this Act as an apprenticeship , except in section 273); (II) including supportive services and counseling to support individuals in achieving their education and career goals; (III) including, as appropriate for an individual, education offered concurrently with and in the context of workforce preparation activities and training for a specific occupation or occupational cluster; and (IV) when participants are adults, organizing courses to meet adult participants’ needs including flexible scheduling, multiple entry and exit points (that may correspond with work and stackable credentials), giving credit for learning toward credentials and adopting other strategies that accelerate the educational and career advancement of the participant to the extent practicable; and (iii) at a minimum, provided through the alignment of core programs authorized under this Act with postsecondary education and training programs, consistent with descriptions included in the State and local plans. (C) Objectives The objectives referred to in subparagraph (A) include— (i) enabling an individual to attain a secondary school diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; and (ii) helping a worker enter or advance within a specific occupation or occupational cluster. ; (3) by inserting after paragraph (8) (as so redesignated), the following: (9) Core program The term core programs means— (A) chapter 4 and 5 of subtitle B of title I (relating to youth workforce investment activities and adult and dislocated worker employment and training activities); (B) title II (relating to adult education and literacy activities); (C) sections 1 through 13 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) (relating to employment services); and (D) title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741) (relating to vocational rehabilitation services). (10) Costs of Infrastructure The term costs of infrastructure , used with respect to a one-stop center, means the nonpersonnel costs that are necessary for the operation of the one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, equipment (including assessment-related products and adaptive technology for individuals with disabilities), and technology to facilitate access to the one-stop center. ; (4) by inserting after paragraph (14) (as so redesignated), the following: (15) Economic self-sufficiency The term economic self-sufficiency means, with respect to a worker, earning a wage sufficient to support a family adequately and, over time, to save for emergency expenses and adequate retirement income, based on factors such as— (A) family size; (B) the cost of living in the worker’s community; and (C) other factors that may vary by region. ; (5) by inserting after paragraph (20) (as so redesignated), the following: (21) In-demand industry sector or occupation (A) In general The term in-demand industry sector or occupation means— (i) an industry sector that— (I) has a substantial current or forecasted impact on the regional economy overall, including attracting, expanding or retaining businesses or jobs (including, at a minimum, jobs that lead to economic self-sufficiency and opportunities for advancement) in the region; (II) contributes to the growth of other supporting businesses, or the growth of other industry sectors within the region; (III) provides workers with jobs that have competitive, family-sustaining wages and benefits; and (IV) includes occupations that provide opportunities for career advancement; or (ii) an occupation that— (I) has a significant presence in an industry sector; (II) has a shortage of available skilled workers; (III) pays competitive, family-sustaining wages and benefits that enable workers to achieve economic self-sufficiency, or can reasonably be expected to lead to a position with such wages and benefits; (IV) provides opportunities for career advancement; and (V) has a significant impact in a region’s economy. (B) Determination The determination of whether an industry sector or occupation is an in-demand industry sector or occupation under this paragraph shall be made using national, State, or regional labor market information. ; (6) by inserting after paragraph (22) (as so redesignated), the following: (23) Individual with barriers to employment The term individual with barriers to employment means an individual with any characteristic that substantially limits an individual’s ability to obtain employment, including indicators of poor work history, lack of work experience or access to employment in nontraditional occupations, long-term unemployment, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, homelessness, ex-offender status, or receipt of welfare. (24) Industry or sector partnership The term industry or sector partnership means a workforce collaborative that— (A) organizes key stakeholders in an industry cluster into a working group that focuses on the workforce needs of the industry cluster and that includes, at the appropriate stage of development of the partnership— (i) representatives of multiple businesses or other employers in the industry cluster, including small and medium-sized employers when practicable; (ii) representatives of a recognized State labor organization or central labor council, a union representing employees in the industry or sector and another labor representative, as appropriate; (iii) 1 or more representatives of an institution of higher education with, or another provider of, education or training programs that support the industry cluster, including career and technical education providers; and (iv) the State workforce agency providing labor market information and employment services under the Wagner-Peyser Act; and (B) may include representatives of— (i) State or local government; (ii) State or local economic development agencies; (iii) State boards or local boards, as appropriate; (iv) any local board that has established through its local plan a concentration of an industry cluster within its area; (v) business or trade associations; (vi) nonprofit organizations, community-based organizations, or intermediaries; (vii) philanthropic organizations; and (viii) other organizations, as determined to be necessary by the members comprising the industry or sector partnership. ; (7) in paragraph (36) (as so redesignated), by striking as appropriate to the occupation for which the participant is being trained and inserting to a period not in excess of that generally required for acquisition of skills needed for the position with a particular occupation and ; (8) by inserting after paragraph (44) (as so redesignated), the following: (45) Recognized postsecondary credential The term recognized postsecondary credential means a credential awarded by a training provider or educational institution based on completion of all requirements for a program of study, including coursework or tests or other performance evaluations. The term includes an industry-recognized certificate, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree. ; and (9) by inserting after paragraph (57) (as so redesignated), the following: (58) Workplace learning advisor The term workplace learning advisor means an individual employed by an organization who has the knowledge and skill necessary to advise other employees of that organization about the education, skill development, job training, career counseling services, and credentials, including services provided through the workforce investment system, required to progress toward career goals of such employees in order to meet employer requirements related to job openings and career advancements that support economic self-sufficiency. . B Statewide and Local Workforce Investment Systems 111. State workforce investment boards and requirements for State plans (a) Size and functions of the State boards Section 111 is amended— (1) in subsection (b)— (A) in paragraph (1)(C)— (i) by amending clause (i)(I), by striking including and inserting shall include ; and (ii) by amending clause (vi) to read as follows: (vi) (I) lead State officials with primary responsibility for the program and activities that are described in section 121(b)(2)(B)(1) (i) through (iv); and (II) the State agency officials responsible for economic development; ; and (B) by adding at the end the following: (4) Worker representation Not less than 20 percent of the Board shall be comprised of representatives of the workforce within the State, and— (A) shall include representatives described in clause (iii) of section 117(b)(2)(A); (B) may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that provide or support competitive, integrated employment for individuals with disabilities; and (C) may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth. . (2) in subsection (d)— (A) in paragraph (8), by striking ; and and inserting a semicolon; (B) in paragraph (9), by striking the period and inserting a semicolon; and (C) by adding at the end the following: (10) promotion in the development of guidance on career pathways by aligning workforce investment programs for the purpose of providing individuals with barriers to employment, including low-skilled adults and youth, with the employment, training, education, and supportive services the individuals need to attain the necessary credentials to secure and advance in employment; (11) promotion in the development of sector initiatives such as industry or sector partnerships relating to in-demand industry sectors and occupations; (12) provision of guidance on the alignment and delivery of services between the local boards, one-stop operator, and State entities carrying out relevant State-administered programs; (13) provision of technical assistance to local boards, one-stop partners, one-stop operators, and providers, as appropriate, in local areas concerning planning and delivering services; and (14) staff training and education across programs supported under workforce investment systems in local areas. . (b) Required content of State plans Section 112 is amended— (1) in subsection (a), by striking a single State plan (referred to in this title as the State plan ) and inserting a single State plan (referred to in this title as the State plan ) that shall include the State plans of all core program and ; (2) in subsection (b)— (A) in paragraph (4)— (i) in subparagraph (C), by striking ; and and inserting a semicolon; and (ii) by adding at the end the following new subparagraphs: (E) the State’s strategic vision and goals for preparing an educated and skilled workforce (including preparing youth and individuals with barriers to employment) and for meeting the skilled workforce needs of employers, including goals relating to performance accountability measures based on primary indicators of performance described in section 136(b)(2), in order to support economic growth and economic self-sufficiency; and (F) a strategy not inconsistent with the program requirements of the core programs for aligning the core programs, as well as other resources available to the State, to achieve the strategic vision and goals described in subparagraph (E), including how the State will meet performance accountability measures based on the system-wide indicators described in section 136(b)(2)(A) in order to support program alignment. ; (B) in paragraph (8)(A)— (i) in clauses (ix) and (x), respectively, by striking ; and and inserting a semicolon; and (ii) by adding at the end the following: (xi) apprenticeship programs registered under the National Apprenticeship Act (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); (xii) State labor certification activities for employment-based immigration programs authorized under the Immigration and Nationality Act; and (xiii) employment, training, and literacy services carried out by public libraries. ; (C) in paragraph (12)(B), by inserting before the semicolon the following: , and, after consultation with the local boards, specifying the minimum amount of Federal assistance under section 133(b) (2) and (3) provided to each local area that is to be spent on training ; (D) in paragraph (17)(B), by striking ; and and inserting a semicolon; (E) in paragraph (18)(D), by striking the period and inserting a semicolon; and (F) by adding at the end the following: (19) a process for providing guidance to local areas and conducting oversight to ensure implementation of priority of service for adult employment and training activities; in accordance with section 134(d)(4)(E); (20) a description of how the State will develop and implement career pathways and career and technical education by aligning workforce investment programs for the purpose of providing individuals, including low-skill adults and youth, with the employment, training, education, and supportive services the individuals need to attain the necessary credentials to secure and advance in employment; (21) an objective assessment of the needs of individuals in the State or outlying area for adult education and literacy activities, including individuals with barriers to employment; (22) a description of how the eligible agency will develop program strategies for populations that include, at a minimum— (A) low-income students; (B) individuals with disabilities; (C) single parents and displaced homemakers; and (D) individuals with multiple barriers to educational enhancement, including individuals with limited English proficiency; and (23) a description of how the adult education and literacy activities that will be carried out with any funds received under this subtitle will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency. ; and (3) in subsection (c), by striking Secretary of and inserting appropriate Secretary of each core program . 112. State unified plan The Workforce Investment Act of 1998 is further amended— (1) by striking section 501; and (2) by inserting after section 112 the following: 113. State unified plan (a) Purpose The purpose of the State unified plan required by this section is to align education, training, and workforce development programs in support of a comprehensive workforce investment system. (b) Definition of Appropriate Secretary In this section, the term appropriate Secretary means the head of the Federal agency who exercises administrative authority over an activity or program described in subsection (c). (c) State Unified Plan (1) In general A State shall develop and submit to the appropriate Secretaries a State unified plan for the core programs and may develop and submit one or more of the program and activities described in paragraph (2) in lieu of submitting two or more plans, for the programs and activities and the core programs. (2) Programs The programs and activities referred to in paragraph (1) are as follows: (A) Career and technical education programs at the secondary and postsecondary level authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ). (B) Programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (C) Programs authorized under section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)). (D) Work programs authorized under section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)). (E) Activities authorized under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.). (F) Activities authorized under chapter 41 of title 38, United States Code. (G) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law). (H) Programs authorized under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.). (I) Employment and training activities carried out by the Department of Housing and Urban Development. (J) Employment and training activities carried out under the Community Services Block Grant Act ( 42 U.S.C. 9901 et seq. ). (K) Programs authorized under section 212 of the Second Chance Act of 2007 (42 U.S.C. 17532). (d) Requirements (1) In general The portion of a unified plan covering the core programs shall be subject to the requirements of section 112 and to the additional requirements contained in the authorizing statute of the core program, if any. The portion of such plan covering a program or activity described in subsection (b)(2) shall be subject to the requirements, if any, applicable to a plan or application for assistance for that program or activity. (2) Additional submission not required A State that submits a State unified plan covering an activity or program described in subsection (b) that is approved under subsection (d) shall not be required to submit any other plan or application in order to receive Federal funds to carry out the activity or program. (3) Coordination A State unified plan shall include— (A) a description of the methods used for joint planning and coordination of the programs and activities included in the unified plan; and (B) an assurance that the methods included an opportunity for the entities responsible for planning or administering such programs and activities to review and comment on all portions of the unified plan. (e) Approval by the Appropriate Secretaries (1) Jurisdiction The appropriate Secretary shall have the authority to approve the portion of the State unified plan relating to the activity or program over which the appropriate Secretary exercises administrative authority. On the approval of the appropriate Secretary, the portion of the plan relating to the activity or program shall be implemented by the State pursuant to the applicable portion of the State unified plan. (2) Approval of core programs No portion of the plan relating to a core program shall be implemented until the appropriate Secretary approves the corresponding portions of the plan for all core programs. Other core programs may continue in operation while new plan provisions are revised or are awaiting approval. (3) Timing of approval (A) In general Except as provided in subparagraphs (B) and (C), a portion of the State unified plan covering the core programs or a program or activity described in subsection (a)(2) shall be considered to be approved by the appropriate Secretary at the end of the 90-day period beginning on the day the plan is submitted. (B) Plan approved by 3 or more appropriate Secretaries If an appropriate Secretary other than the Secretary of Labor or the Secretary of Education has authority to approve a portion of a unified plan, that portion of the unified plan shall be considered to be approved by the appropriate Secretary at the end of the 90-day period beginning on the day the plan is submitted. (C) Disapproval The portion shall not be considered to be approved if the appropriate Secretary makes a written determination, during the 90-day period, that the portion is not consistent with the requirements of the Federal law authorizing or applicable to the program or activity involved, including the criteria for approval of a plan or application, if any, under such law, or the plan is not consistent with the requirements of this section. (4) Local jurisdiction The appropriate local board shall approve the portion of the State unified plan relating to the activity or program over which the appropriate local board exercises administrative authority. On the approval of the appropriate local board, the portion of the plan relating to the activity or program shall be implemented by the State pursuant to the applicable portion of the State unified plan. . 113. Local workforce investment areas and boards (a) Planning process for different types of regions Section 116(c)(1) is amended— (1) by striking As part of and inserting: (A) As part of ; (2) by striking may each place it appears and inserting shall ; and (3) by adding at the end the following: (B) Planning for cooperative initiatives and arrangements In the regions comprised of 2 or more local areas, the State shall, in consultation with local boards, require regional planning, and service delivery, by local boards in those regions. For the purpose of administrative efficiency, the State shall require the local boards in a planning region to participate in a regional planning process for cooperative initiatives and arrangements that result in— (i) the establishment and implementation of regional service strategies and activities, including service delivery cooperative arrangements and regional approaches to address the employment and training needs of the region, including strategies that meet the need of individuals with barriers to employment; (ii) as appropriate, the development and implementation of initiatives involving in-demand industry sectors or occupations; (iii) the collection and analysis of regional labor market data (in conjunction with the State); and (iv) the establishment of administrative and infrastructural cost sharing, as appropriate. (C) Regional plans The State, after consultation with the local boards and chief elected officials for the planning region, shall require the local boards and officials to collaborate in order to prepare, submit, and obtain approval of a single regional plan. Such plan shall include a description of the cooperative initiatives and arrangements developed pursuant to clause (iii) and incorporate local plans for each of the local areas in the planning region, which shall contain strategies that are consistent and aligned with each other. . (b) Composition of the board and inclusion of public libraries Section 117(b)(2)(A)(iv) is amended by striking individuals with disabilities and and inserting public libraries, individuals with disabilities, and . (c) Worker representation Section 117(b) is further amended by adding at the end the following: (5) Worker representation Not less than 20 percent of the Board shall be comprised of representatives of the workforce within the local area, and— (A) shall include representatives described in clause (iii) of paragraph (2)(A); (B) may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that provide or support competitive, integrated employment for individuals with disabilities; and (C) may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth. . (d) Required functions of the local boards Section 117(d) is amended— (1) in the matter preceding paragraph (1), by striking The functions and inserting Consistent with section 118, the functions ; (2) by amending paragraph (1) to read as follows: (1) Local plan The local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor that meets the requirements in section 118. If the local area is part of a planning region that includes other local areas, the local board shall collaborate with the other local boards and chief elected officials from such other local areas in the development and submission of the local plan as described in section 116(c)(1)(A). ; and (3) in paragraph (3)(B)(i)— (A) in subclause (II), by inserting or the local board after entity ; (B) in subclause (III), by inserting adult education, literacy and employment services after workforce investment activities ; (C) in subclause (III)(ii), by adding at the end the following: which staff, including staff of a one-stop center, report to and are responsible to the local board and not the chief elected official ; (4) in paragraph (4) by striking with respect through in local area and inserting in its local area over the core programs as described in this Act ; (5) in paragraph (8)— (A) in the paragraph heading, by striking connecting and inserting convening ; (B) by striking connecting and inserting convening ; and (C) by adding at the end the following: and to link youth, dislocated workers and others to opportunities for employment, internships, registered apprenticeships, or work-based learning ; and (6) by adding at the end the following new paragraphs: (9) Career pathways development The local board, in consultation with the State board and with representatives of secondary, postsecondary, career and technical education, and adult education programs, shall lead efforts in the local area to develop and implement career pathways within the local area by aligning the employment, training, education, and supportive services that are needed by adults and youth, particularly individuals with barriers to employment. (10) Workforce research and regional labor market analysis In order to assist in the development and implementation of the local plan, the local board shall coordinate with the State public employment services under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) to— (A) utilize analyses of the economic conditions in the region, the needed knowledge and skills for the region, the workforce in the region, and workforce development activities (including education and training) in the region described in section 118(b)(1), and regularly update such information; (B) assist the Governor in developing the statewide labor market information system described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) ), specifically in the collection, analysis, and utilization of labor market information for the region; and (C) assemble and utilize such other research, data collection, and analysis related to the workforce needs of the regional economy as the board, after receiving input from a wide array of stakeholders, determines to be necessary to carry out its functions. (11) Proven and promising practices The local board shall lead efforts in the local area to— (A) identify and promote proven and promising strategies and initiatives for meeting the needs of employers, and workers and job seekers (including individuals with barriers to employment) in the local workforce investment system, including providing physical and programmatic accessibility, in accordance with section 288 and applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), to the one-stop delivery system; and (B) identify and disseminate information, in coordination with the Department of Labor and the State board, on proven and promising practices carried out in other local areas for meeting such needs. (12) Technology The local board shall develop strategies for using technology to maximize the accessibility and effectiveness of the local workforce investment system for employers, and workers and job seekers, by— (A) facilitating connections among the reporting systems of the one-stop partner programs to support a comprehensive workforce investment system in the local area; (B) facilitating access to services provided throughout the one-stop delivery system involved, including facilitating the access in remote areas; (C) identifying strategies for better meeting the needs of individuals with barriers to employment, including strategies that augment traditional service delivery and technologies that increase access to services and programs of the one-stop delivery system for individuals with disabilities and other barriers to employment; and (D) leveraging resources and capacity within the local workforce investment system, including resources and capacity for services for individuals with barriers to employment. (13) Advertising The local board shall plan for advertising one-stop services throughout the local area. (14) Transition The local board shall develop strategies to ensure that services provided in the local area are coordinated with and meet the transition goals and services developed for children with disabilities under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act. (15) Literacy The local board shall ensure that one-stop operators in the local area develop and implement policies to ensure that the literacy and English language skills of an adult or eligible youth are not barriers to accessing services, including training services, that are available to assist individuals obtain and maintain employment. (16) Sector initiatives The local board shall develop and expand sector initiatives in the local area or region which may include the convening of industry or sector partnerships relating to in-demand industry sectors and occupations. . (e) Contents of the local plan Section 118(b) is amended— (1) in paragraph (1), by striking an identification of— and inserting based on a labor market study and input solicited from local businesses, an identification of— (2) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively, and by inserting after paragraph (6) the following: (7) a description of how the local board will coordinate workforce investment activities carried out in the local area with apprenticeship programs registered under the National Apprenticeship Act (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); ; and (3) by adding at the end the following: (12) a description of the procedure or process for implementing a priority of service for adult employment and training activities in accordance with section 134(d)(4)(E); and (13) a description of how the local board will coordinate workforce investment activities carried out in the local area with employment, training, and literacy services carried out by public libraries. . 114. Additional one-stop programs and activities Section 121 is amended— (1) in subsection (b)— (A) in paragraph (1)(B)— (i) in clause (xi), by striking ; and and inserting a semicolon; (ii) in clause (xii), by striking the period and inserting a semicolon; and (iii) by adding at the end the following: (xiii) programs authorized under section 212 of the Second Chance Act of 2007 ( 42 U.S.C. 17532 ); and (xiv) programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), subject to subparagraph (C). (A) Determination by the Governor (i) In general An entity that carries out a program referred to in subparagraph (B)(xiv) shall be included in the one-stop partners for the local area, as a required partner, for purposes of this Act and the other core program provisions that are not part of this Act, unless the Governor provides the notification described in clause (ii). (ii) Notification The notification referred to in clause (i) is a notification that— (I) is made in writing of a determination by the Governor not to include such entity in the one-stop partners described in clause (i); and (II) is provided to the Secretary and the Secretary of Health and Human Services. ; and (B) in paragraph (2)(B), by striking clause (i) and redesignating clauses (ii) through (v) as clauses (i) through (iv), respectively; and (2) in subsection (e)— (A) by striking If a one-stop and inserting: (1) Existing systems If a one-stop ; and (B) by adding at the end the following: (2) Collocation of Wagner-Peyser services Consistent with section 3(d) of the Wagner-Peyser Act ( 29 U.S.C. 49b(d) ), and in order to improve service delivery, avoid duplication of services, and enhance coordination of services, the employment service offices in each State and the one-stop centers established under this title shall be collocated to the extent practicable. (3) Use of common one-stop delivery system identifier Each one-stop delivery system shall include in the identification of products, programs, activities, services, facilities, and related property and materials, a common one-stop delivery identifier. The identifier shall be developed by the Secretary of Labor, in consultation with heads of other appropriate departments and agencies, and representatives of State boards and local boards and of other stakeholders in the one-stop delivery system, not later than the beginning of the second full program year after the date of enactment of this Act. Such common identifier may consist of a logo, phrase, or other identifier that informs users of the one-stop delivery system that such product, programs, activities, services, facilities, property, or materials are being provided through such system. Nothing in this paragraph shall be construed to prohibit one-stop partners, States, or local areas from having additional identifiers. . 115. Providers of training services Section 122 is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A)(ii), by striking or certificate and inserting recognized postsecondary credential ; and (ii) in subparagraph (C), by inserting , which may include joint labor-management organizations, sector partnerships, and eligible providers of adult education and literacy activities under title II if such activities are provided in combination with occupational skills training before the period; and (B) by adding at the end the following: (3) Inclusion on list of eligible providers A private provider described in subparagraph (C) of paragraph (2) shall comply with the criteria, information requirements, and procedures established under this section to be included on the list of eligible training services described in paragraph (3). A public provider described in subparagraph (A) and a provider described in subparagraph (B) of paragraph (2) shall be included and maintained on the list of eligible providers of training services described in subsection (d) for so long as they comply with the requirements of this section and for so long as a provider described in subparagraph (B) remains registered as described in such subparagraph. ; (2) in subsection (d)(1)(A) is amended by adding at the end the following: (iii) information on the performance of the provider with respect to the performance accountability measures described in section 136 for such participants (taking into consideration the characteristics of the population served and relevant economic conditions), and information specifying the percentage of such participants who entered unsubsidized employment in an occupation related to the program, to the extent practicable; and (iv) information on secondary or postsecondary diploma or its recognized equivalent, or recognized postsecondary credentials received by such participants; and ; (3) in subsection (e), by inserting after the first sentence the following: The list of providers shall also be based on the identified labor market needs of employers in the local area based on input solicited from local business and identified in the local plan pursuant to section 118(b)(1). ; and (4) in subsection (h)— (A) in the subsection heading, by striking or customized training and inserting incumbent worker training, customized training, and other training exceptions ; and (B) in paragraph (1), by striking or customized training and inserting incumbent worker training, customized training, internships, and paid or unpaid work experience opportunities, or transitional employment . 116. Youth activities (a) Definition of disadvantaged youth and State allotments Section 127 is amended— (1) by amending subsection (a) to read as follows: (a) In general The Secretary shall use the amount appropriated under section 137(a) for a fiscal year to make allotments and grants in accordance with subparagraphs (A) and (B) of subsection (b)(1) and make funds available for use under section 166 (relating to Native American programs). ; (2) in subsection (b)— (A) in paragraph (1), by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in paragraph (2) by amending subparagraph (C) to read as follows: (C) Disadvantaged youth Subject to paragraph (3), the term disadvantaged youth means an individual who— (i) is age 16 through 24; and (ii) received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed 150 percent of the poverty line. ; and (3) in subsection (c), by amending paragraph (2) to read as follows: (2) Amount The amount available for reallotment for a program year is equal to the amount by which the unobligated balance from State allotments to the State at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the State for that prior program year, consisting of the State allotment to the State for such prior program year (including amounts from State allotments to the State, for all program years before that prior program year) that remained available. . (b) Within State allocations Section 128(c)(2) is amended to read as follows: (2) Amount (A) In general The amount available for allocation for a program year is equal to the amount by which the balance that is unobligated and unencumbered for training services at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the local area for that prior program year, consisting of the local allocation to the local area for such prior program year (including amounts from local allocations to the local area, for all program years before that prior program year) that remained available. (B) Balance of funds For purposes of this paragraph, the balance that is unobligated and unencumbered for training services is the amount that is the difference between— (i) the total amount of funds available to the local area under this section for that prior program year consisting of the local allocation to the local area for such prior program year (including amounts from local allocations to the local area for all program years before that prior program year) that remained available; and (ii) the amount, from that total amount of available funds, that is obligated or encumbered (in accordance with generally accepted accounting principles) for training services during such prior program year, except that for purposes of this paragraph the amount included as encumbered for raining services shall not exceed 10 percent of the total amount of available funds described in clause (i). . (c) Required statewide youth activities Section 129(b)(2) is amended— (1) in subparagraph (C)— (A) by inserting , or that fail to meet local performance accountability measures, after concentrations of eligible youth ; and (B) by striking the period at the end and inserting ; and ; and (2) by adding at the end the following new subparagraph: (D) providing technical assistance to, as appropriate, local boards, one-stop operators, and eligible providers, including support for the training or staff in evidence-based practices for serving eligible youth (including joint training) and facilitating remote access to services provided through the one-stop delivery system. . (d) Local elements and requirements Section 129(c) is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking shall identify an and inserting shall identify career pathways that include education and employment goals ; and (B) in subparagraph (C)— (i) in clause (i), by striking , in appropriate cases ; (ii) in clause (ii), by striking strong linkages between academic and occupational learning and inserting activities leading to the attainment of a secondary school diploma or its recognized equivalent, or a recognized postsecondary credential ; and (iii) in clause (iv)— (I) by inserting employers, including small employers, and in-demand occupations after effective connections to ; and (II) by striking subclauses (I) and (II); (2) in paragraph (2)— (A) by striking subparagraph (C) and redesignating subparagraphs (D) through (J) as subparagraphs (C) through (I), respectively; (B) in subparagraph (C) (as so redesignated)— (i) by striking work experiences as appropriate, and inserting work experiences that include academic, area career and technical education or occupational education to ensure youth are college and career ready, ; and (ii) after including internships, by inserting summer employment, pre-apprenticeships programs, on-the-job training, ; (C) in subparagraph (E) (as so redesignated), by inserting such as youth service and conservation corps, after include community service ; (D) in subparagraph (F) (as so redesignated), by inserting , financial literacy education, and entrepreneurial skills training after supportive services ; and (E) in subparagraph (I) (as so redesignated), after which , by inserting shall include career counseling and career exploration services, as appropriate, and ; (3) in paragraph (3)(C), by inserting and family members, mentors, after parents ; and (4) by amending paragraph (4)(A) to read as follows: (A) In general For any program year, not less than 60 percent of the funds described in paragraph (1) shall be used to provide youth workforce investment activities for out-of-school youth. . 117. Adult and dislocated worker training activities (a) Definition of disadvantaged adult Section 132(b)(1)(v)(IV) is amended by striking does not exceed and all that follow and inserting 150 percent of the poverty line. . (b) Reallotment Section 132(c)(2) is amended to read as follows: (2) Amount The amount available for reallotment for a program year is equal to the amount by which the unobligated balance from State allotments to the State at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the State for that prior program year, consisting of the State allotment to the State for such prior program year (including amounts from State allotments to the State, for all program years before that prior program year) that remained available. . (c) Transfer authority Section 133(b)(4) is amended by striking 20 percent both places it appears and inserting 30 percent . (d) within State Reallocation Section 133(c) 2 is amended to read as follows: (2) Amount (A) In general The amount available for allocation for a program year is equal to the amount by which the balance that is unobligated and unencumbered for training services at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the local area for that prior program year, consisting of the local allocation to the local area for such prior program year (including amounts from local allocations to the local area, for all program years before that prior program year) that remained available. (B) Balance of funds For purposes of this paragraph, the balance that is unobligated and unencumbered for training services is the amount that is the difference between— (i) the total amount of funds available to the local area under this section for that prior program year consisting of the local allocation to the local area for such prior program year (including amounts from local allocations to the local area for all program years before that prior program year) that remained available; and (ii) the amount, from that total amount of available funds, that is obligated or encumbered (in accordance with generally accepted accounting principles) for training services during such prior program year, except that for purposes of this paragraph the amount included as encumbered for raining services shall not exceed 10 percent of the total amount of available funds described in clause (i). . (e) Use of unobligated rapid-Response funds Section 134(a)(2) is amended— (1) in subparagraph (A)— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (B) by striking A State shall use and inserting: (i) In general A State shall use ; and (C) by adding at the end the following: (ii) Use of unobligated funds Funds reserved by a Governor under section 133(a)(2) to carry out this subparagraph that remain unobligated after the first program year for which such funds were allotted may be used by the Governor to carry out statewide activities authorized under subparagraph (B) or paragraph (3)(A), in addition to activities under this subparagraph. ; and (2) in subparagraph (B)— (A) in clause (v), by striking ; and and inserting a semicolon; (B) in clause (vi), by striking the period and inserting ; and ; and (C) by adding at the end the following new clause: (vii) developing, implementing, and using layoff aversion strategies in collaboration with appropriate economic development and private sector entities, for implementation of strategies that may include early identification of firms at risk of layoffs, use of feasability studies to assess the needs of and options for at-risk firms and the delivery of employment, training, economic development, investment and financial restructuring activities to address identified risk factors. . (f) Shared services Section 134(d)(1)(B) is amended— (1) by striking A portion and inserting the following: (i) In general A portion ; and (2) by adding at the end the following: (ii) Additional costs of one-stop Subject to the memorandum of understanding described in section 121(c) for the one-stop delivery system involved, in addition to the funds provided for one-stop infrastructure described in section 137(d), a portion of funds made available under Federal law authorizing the programs described in section 121(b) and administered by one-stop partners, or the noncash resources available under such programs, shall be used to pay the additional costs relating to the operation of the one-stop delivery system that are not paid from the funds provided under section 137(d), as determined in accordance with clause (iv), to the extent not inconsistent with the Federal law involved. Such costs shall include the costs of the provision of core services described in section 134(d)(2) applicable to each program and may include common costs that are not paid from the funds provided under section 137(d). (iii) Shared services Costs of shared services may include costs of services that are authorized for and may be commonly provided through the one-stop partner programs to any individuals, such as initial intake, assessment of needs, appraisal of basic skills, identification of appropriate services to meet such needs, referrals to other one-stop partners, and other similar services. (iv) determination and guidance The method for determining the appropriate portion of funds and noncash resources to be provided by the one-stop partner for each program for a one-stop center shall be determined as part of the development of the memorandum or understanding under subsection (c) for the one-stop center and shall be stated in the memorandum. The State board shall provide guidance to facilitate the determination, for purposes of the memorandum of understanding, of an appropriate allocation of the funds and noncash resources in local areas. . (g) Training services Section 134(d)(4) is amended— (1) in subparagraph (B), by adding at the end the following: (iii) Rule of construction Nothing in this paragraph shall be construed to require an individual to receive core or intensive services under paragraphs (2) or (3), respectively, prior to receiving training services under this paragraph. ; (2) in subparagraph (D)— (A) in clause (ix), by striking ; and and inserting a semicolon; and (B) by adding at the end the following: (x) education, training, and skill upgrading for individuals to work and maintain proficiency as workplace learning advisors in programs sponsored by employers or joint labor-management partnerships. ; (3) in subparagraph (E)— (A) by striking In the event through priority and inserting With respect to funds allocated to a local area for adult employment and training activities, priority ; (B) by inserting individuals with barriers to employment after public assistance and other ; and (C) by striking making determination related to and inserting implementing ; (4) by striking subparagraph (G) and inserting the following: (G) Use of individual training accounts (i) In general Except as provided in clause (ii), training services provided under this paragraph shall be provided through the use of individual training accounts in accordance with this paragraph, and shall be provided to eligible individuals through the one-stop delivery system. (ii) Training contracts Training services authorized under this paragraph may be provided pursuant to a contract for services in lieu of an individual training account if— (I) the requirements of subparagraph (F) are met; (II) such services are on-the-job training, registered apprenticeships, customized training, incumbent worker training, entrpreneurial skills training, or transitional employment; (III) the local board determines there are an insufficient number of eligible providers of training services in the local area involved (such as in a rural area) to accomplish the purposes of a system of individual training accounts; (IV) the local board determines that there is a training services program of demonstrated effectiveness offered in the local area by a community-based organization or another private organization to serve individuals with barriers to employment; or (V) the local board determines that it would be most appropriate to award a contract to an institution of higher education or other eligible provider of training services, including area career and technical education centers in order to facilitate the training of multiple individuals in in-demand industry sectors or occupations and that such contract does not limit customer choice. (iii) Linkage to occupations in demand Training services provided under this paragraph shall be directly linked to an in-demand industry sector or occupation in the local area or region, or in another area to which an adult or dislocated worker receiving such services is willing to relocate, except that a local board may approve training services for occupations determined by the local board to be in sectors of the economy that have a high potential for sustained demand or growth in the local area. (iv) Rule of construction Nothing in this paragraph shall be construed to preclude the combined use of individual training accounts and contracts in the provision of training services, including arrangements that allow individuals receiving individual training accounts to obtain training services that are contracted for under clause (ii). ; and (5) by adding at the end the following: (H) Reimbursement for on-the-job training (i) Reimbursement level For purposes of the provision of on-the-job training under this paragraph, the Governor or local board involved may increase the amount of the reimbursement described in section 101(31) to an amount of up to 75 percent of the wage rate of a participant for a program carried out under this chapter, if, respectively— (I) the Governor approves the increase with respect to a program carried out with funds reserved by the State under that chapter, taking into account the factors described in clause (ii); or (II) the local board approves the increase with respect to a program carried out with funds allocated to a local area under such chapter, taking into account those factors. (ii) Factors For purposes of clause (i), the Governor or local board, respectively, shall take into account factors consisting of— (I) the characteristics of the participants; (II) the size and resources of the employer; (III) the likely employment opportunities available to workers who complete an on-the-job training program; and (IV) such other factors as the Governor or local board, respectively, may determine to be appropriate, which may include the number of employees participating in the training, wage and benefit levels of those employees (at present and anticipated upon completion of the training), relation of the training to the competitiveness of a participant, and other employer-provided training and advancement opportunities. . (h) Incumbent worker training programs and transitional jobs Section 134(e) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking ; and and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) work support activities designed to assist low-wage workers in retaining and enhancing employment, such as the provision of activities described in this section during nontraditional hours and the provision of child care while such activities are being provided. ; and (2) by adding at the end the following new paragraphs: (4) Incumbent worker training programs (A) In general (i) Standard reservation of funds Except as provided in clause (ii), the local board may reserve and use not more than 15 percent of the funds allocated to the local area involved under section 133(b) to pay for the Federal share of the cost of providing training through a training program for incumbent workers, carried out in accordance with this paragraph. (ii) Increased reservation of funds If the local board determines that there is sufficient evidence that use of the funds reserved under clause (i) led to employee retention by and contributed to creation of new jobs with employers that participated in incumbent worker training programs, the local board may reserve and use not more than a total of 20 percent of such funds to pay for the Federal share of such costs. (iii) Determination of eligibility For the purpose of determining the eligibility of an employer to receive funding under clause (i), the local board shall take into account factors consisting of— (I) the characteristics of the participants in the program; (II) the relationship of the training to the competitiveness of a participant and the employer; and (III) such other factors as the local board may determine to be appropriate, which may include the number of employees participating in the training, the wage and benefit levels of those employees (at present and anticipated upon completion of the training), and the existence of other training and advancement opportunities provided by the employer. (iv) Statewide impact The Governor or State board involved may make recommendations to the local board for providing incumbent worker training that has statewide impact. (B) Training activities The training program for incumbent workers carried out under this paragraph shall be carried out by the local board in conjunction with the employers or groups of employers of such workers, or a labor-management partnership, including joint registered apprenticeship programs, for the purpose of assisting such workers in obtaining the skills necessary to retain employment or avert layoffs. (C) Employer payment of non-Federal share Employers participating in the program carried out under this paragraph shall be required to pay for the non-Federal share of the cost of providing the training to incumbent workers of the employers. (D) Non-Federal share (i) Factors Subject to clause (ii), the local board shall establish the non-Federal share of such cost (taking into consideration such other factors as the number of employees participating in the training, the wage and benefit levels of the employees (at the beginning and anticipated upon completion of the training), the relationship of the training to the competitiveness of the employer and employees, and the availability of other employer-provided training and advancement opportunities). (ii) Limits The non-Federal share shall not be less than— (I) 10 percent of the cost for employers with not more than 50 employees; (II) 25 percent of the cost, for employers with more than 50 employees but not more than 100 employees; and (III) 50 percent of the cost, for employers with more than 100 employees. (iii) Calculation of employer share The non-Federal share provided by an employer participating in the program may include the amount of the wages paid by the employer to a worker while the worker is attending a training program under this paragraph. (E) Worker protections If an incumbent worker training program is proposed for an employer whose workers are covered by a collective bargaining agreement, the union representing those workers will be consulted regarding the incumbent worker training program and concur prior to the start of the program. (5) Transitional jobs The local board may use not more than 15 percent of the funds allocated to the local area involved under section 133(b) to provide transitional jobs under subsection (c)(4) that— (A) are time-limited work experiences in integrated settings that are subsidized and are in the public, private, or nonprofit sectors for individuals with barriers to employment who are chronically unemployed, have no employment experience or have an inconsistent work history; (B) are combined with comprehensive employment and supportive services; (C) are designed to assist the individuals described in subparagraph (A) to establish a work history, demonstrate success in the workplace, and develop the skills that lead to entry into and retention in unsubsidized employment; and (D) assist in placement or hiring to an unsubsidized job. . 118. Unified performance accountability system Section 136 is amended to read as follows: 136. Unified performance accountability system (a) Purpose The purpose of this section is to establish shared performance accountability measures that apply across the core programs to assess the effectiveness of States and local areas in achieving positive outcomes for individuals served by those programs. (b) State unified performance accountability measures (1) In general For each State, the unified performance accountability measures for the core programs shall consist of— (A) (i) the primary indicators of performance described in paragraph (2)(A); and (ii) the additional indicators of performance (if any) identified by the State under paragraph (2)(B); and (B) A State adjusted level of performance for each indicator described in subparagraph (A). (2) Indicators of performance (A) Primary indicators of performance (i) In general The State primary indicators of performance for activities provided under the adult and dislocated worker programs authorized under chapter 6 of subtitle B of title I, the program of adult education and literacy activities authorized under title II, the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.) (except that subclauses (IV) and (V) shall not apply to such program), and the program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), shall consist of— (I) the percentage and number of program participants who are in unsubsidized employment during the second quarter after exit from the program; (II) the percentage and number of program participants who are in unsubsidized employment during the fourth quarter after exit from the program; (III) the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program compared to the median earnings of such participants prior to the training; (IV) the percentage of program participants who obtain a recognized postsecondary credential, including in a registered apprenticeship or on-the-job training program, or a secondary school diploma or its recognized equivalent (subject to clause (iii)), during participation in or within 1 year after exit from the program; (V) the percentage of program participants who, during a program year, are in an education or training program, including a registered apprenticeship or on-the-job training program, that leads to a recognized postsecondary credential or a secondary school diploma or its recognized equivalent, or employment and who are achieving measurable basic skill gains toward such a credential or employment; and (VI) the indicators of effectiveness in serving employers established pursuant to clause (iv). (ii) Primary indicators of performance for eligible youth The primary indicators of performance for the youth program authorized under chapter 4 of this subtitle shall consist of— (I) the percentage and number of program participants who are in education or training activities, or in unsubsidized employment during the second quarter after exit from the program; (II) the percentage and number of program participants who are in education or training activities, or in unsubsidized employment, during the fourth quarter after exit from the program; (III) the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program compared to the median earnings of such participants prior to the training; (IV) the percentage of program participants who obtain a recognized postsecondary credential described in clause (i)(IV), or a secondary school diploma or its recognized equivalent subject to clause (iii) during participation in or within 1 year after exit from the program; (V) the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or a secondary school diploma or its recognized equivalent, or employment and who are achieving measurable basic skill gains toward such a secondary credential or employment; and (VI) the indicators of effectiveness in serving employers established pursuant to clause (iv). (iii) Indicator relating to credential For purposes of clause (i)(IV) or (ii)(IV), program participants who obtain a secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have obtained or retained employment, have been removed from public assistance, or are in an education or training program leading to a recognized postsecondary credential described in clause (i)(IV) within 1 year after exit from the program. (iv) Indicator for services to employers Prior to the commencement of the second full program year after the date of enactment of this Act, for purposes of clauses (i)(VI) and (ii)(V), the Secretary of Labor and the Secretary of Education after consultation with the representatives described in subsection (h)(2), shall jointly develop and establish, for purposes of this subparagraph, 1 or more primary indicators of performance that indicate the effectiveness of the core programs in serving employers. (B) Additional indicators A State may identify in the State plan additional performance accountability indicators. (3) Levels of performance (A) State adjusted levels of performance for primary indicators (i) In general For each State submitting a State plan, there shall be established, in accordance with this subparagraph, levels of performance for each of the corresponding primary indicators of performance described in paragraph (2) for each of the programs described in clause (ii). (ii) Included programs The programs included under clause (i) are— (I) the youth program authorized under chapter 4 of this subtitle; (II) the adult program authorized under chapter 5 of this subtitle; (III) the dislocated worker program authorized under chapter 5 of this subtitle; (IV) the program of adult education and literacy activities authorized under title II; (V) the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ); and (VI) the program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741). (iii) Identification of State plan Each State shall identify, in the State plan, expected levels of performance for each of the corresponding primary indicators of performance for each of the programs described in clause (ii) for the first 2 program years covered by the State plan. (iv) Agreement of State adjusted levels of performance (I) First 2 years The State shall reach agreement with the Secretary of Labor and the Secretary of Education on levels of performance for each indicator described in clause (iii) for each of the programs described in clause (ii) for each of the first 2 program years covered by the State plan. In reaching the agreement, the State and Secretaries shall take into account the levels identified in the State plan under clause (iii) and the factors described in clause (v). The levels agreed to shall be considered to be the State adjusted levels of performance for the State for such program years and shall be incorporated into the State plan prior to the approval of such plan. (II) Third and fourth year The State and the Secretaries shall reach agreement, prior to the third program year covered by the State plan, on levels of performance for each indicator described in clause (iii) for each of the programs described in clause (ii) for each of the third and fourth program years covered by the State plan. In reaching the agreement, the State and Secretaries shall take into account the factors described in clause (v). The levels agreed to shall be considered to be the State adjusted levels of performance for the State for such program years and shall be incorporated into the State plan as a modification to the plan. (v) Factors In reaching the agreements described in clause (iv), the State and Secretaries shall— (I) take into account how the levels involved compare with the State adjusted levels of performance established for other States; (II) ensure that the levels involved are adjusted, using the objective statistical model established by the Secretaries pursuant to clause (viii), based on the difference among States in economic conditions (including differences in unemployment rates and job losses or gains in particular industries) and the characteristics of participants when the participants entered the program involved, including indicators of poor work history, lack of work experience, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, homelessness, ex-offender status, and welfare dependency; (III) take into account the extent to which the levels involved promote continuous improvement in performance accountability on the performance accountability measures by such State and ensure optimal return on the investment of Federal funds; and (IV) take into account the extent to which the levels involved will assist the State in meeting the goals described in clause (vi). (vi) Goals In order to promote enhanced performance outcomes and to facilitate the process of reaching agreements with the States under clause (iv), the Secretary of labor and the Secretary of Education shall establish performance goals for the core programs, in accordance with the Government Performance and Results Act of 1993 and in consultation with States and other appropriate parties. Such goals shall be long-term goals for the adjusted levels of performance to be achieved by each of the programs described in clause (ii) regarding the corresponding primary indicators of performance described in paragraph (2)(A). (vii) Revisions based on economic conditions and individuals served during the program year The Secretary of Labor and the Secretary of Education shall, in accordance with the objective statistical model developed pursuant to clause (viii), revise the State adjusted levels of performance applicable for each of the programs described in clause (ii), for a program year and a State, to reflect the economic conditions and characteristics of participants (as described in clause (v)(II)) in that program during such program year in a such State. (viii) Statistical adjustment model The Secretary of Labor and the Secretary of Education, after consultation with the representatives described in subsection (h)(2), shall develop and disseminate an objective statistical model that will be used to make the adjustments in the State adjusted levels of performance for economic conditions and characteristics of participants under clauses (v) and (vii). (B) Levels of performance for additional indicators The State may identify, in the State plan, State levels of performance for each of the additional indicators identified under paragraph (2)(B). Such levels shall be considered to be State adjusted levels of performance for purposes of this section. (c) Local performance accountability measures (1) In general For each local area in a State designated under section 116, the local performance accountability measures for each of the program described in subclauses (I) through (III) of subsection (b)(3)(A)(ii) shall consist of— (A) (i) the primary indicators of performance described in subsection (b)(2)(A) that are applicable to such programs; and (ii) additional indicators of performance, if any, identified by the State for such programs under subsection (b)(2)(B); and (B) the local level of performance for each indicator described in subparagraph (A). (2) Local level of performance The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local levels of performance based on the State adjusted levels of performance established under subsection (b)(3)(A). (3) Adjustment factors In negotiating the local levels of performance, the local board, the chief elected official, and the Governor shall make adjustments for the expected economic conditions and the expected characteristics of participants to be served in the local area, using the statistical adjustment model developed pursuant to subsection (b)(3)(A)(viii). In addition, the negotiated local levels of performance applicable to a program year shall be revised to reflect the economic conditions experienced and the characteristics of the populations served in the local area during such program year using the statistical adjustment model. (d) Performance accountability reports (1) In general Not later than 6 months after the date of enactment of the Workforce Investment Act of 2012, the Secretary of Labor and the Secretary of Education shall jointly develop a template for performance reports that shall be used by States, local boards, and eligible providers of training services under section 122 to report on outcomes achieved by the core programs, and to report on quantifiable benchmarks established in the State plan as described in section 112 or the State unified plan described in section 113 that demonstrate annual improvement with respect to each of the system-wide performance indicators established under subsection (j)(2) of this section. (2) Contents of State performance reports The performance report for a State shall include, subject to paragraph (5)(C)— (A) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) and the State adjusted levels of performance with respect to such indicators for each program; (B) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) with respect to individuals with barriers to employment, disaggregated by each subpopulation of such individuals; (C) the total number of participants served by each type of service of the programs described in subsection (b)(3)(A)(ii), and the types of core, intensive, and training services provided; (D) the number of individuals with barriers to employment served by each type of service by each of the programs described in subsection (b)(3)(A)(ii), disaggregated by each subpopulation of such individuals; (E) the number of participants who are enrolled in more than 1 of the programs described in subsection (b)(3)(A)(ii); and (F) other information that facilitates comparisons of programs with programs in other States. (3) Contents of local area performance reports The performance reports for a local area shall include, subject to paragraph (5)(C)— (A) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii), and the local adjusted levels of performance with respect to such indicators for each program; (B) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii) with respect to individuals with barriers to employment, disaggregated by each subpopulation of such individuals; (C) the total number of participants served by each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii), and the types of core, intensive, and training services provided; (D) the number of individuals with barriers to employment served by each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii), disaggregated by each subpopulation of such individuals; (E) the number of participants who are enrolled in any of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii) who are enrolled in more than 1 program described in subsection (b)(3)(A)(ii); and (F) other information that facilitates comparisons of programs with programs in other local areas (or planning regions, as appropriate). (4) Contents of eligible training providers performance reports The performance report for an eligible provider of training services under section 122 shall include, subject to paragraph (5)(C), with respect to each program of training services, including core, intensive, and training services, of such provider— (A) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subclauses (I) through (IV) of subsection (b)(2)(A)(i) with respect to participants served under the adult and dislocated worker programs under chapter 5 of this subtitle; and (B) the number of participants served under each of the adult and dislocated worker programs under chapter 5 of this subtitle and the number of individuals with barriers to employment served under each of such programs, disaggregated by each subpopulation of such individuals. (5) Publication (A) State performance reports The Secretary of Labor and the Secretary of Education shall annually make publically available, including by electronic means, the performance reports for States and local areas containing the information described in paragraph (2). (B) Local area and eligible training provider performance reports The State shall make publically available, including by electronic means, the performance reports for the local areas containing the information described in paragraph (3) and the performance reports for eligible providers of training services containing the information described in paragraph (4). (C) Rules for reporting of data The disaggregation of data under this subsection shall not be required when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant. (e) Evaluation of State programs (1) In general Using funds authorized under a core program and made available to carry out this section, the State, in coordination with local boards in the State and the State agencies responsible for the administration of the core programs, shall conduct ongoing evaluations of activities carried out in the State under such programs and in accordance with the State unified plan. The State, local boards, and State agencies shall conduct the evaluations in order to promote, establish, implement, and utilize methods for continuously improving core program activities in order to achieve high-level performance within, and high-level outcomes from, the workforce investment system. To the maximum extent practicable, the State shall coordinate the valuations with the evaluations provided for the Secretary of Labor and Secretary of Education under section 172, section 343(b)(3)(E), section 10(b) of the Wagner-Peyser Act ( 29 U.S.C. 49i(b) ), and sections 12(a)(5), 14, and 107 of the Rehabilitation Act of 1973 ( 29 U.S.C. 709(a)(5) , 711, 727) (applied with respect to programs carried out under title I of that Act). (2) Design The evaluations conducted under this subsection shall be designed in conjunction with the State board, State agencies responsible for the administration of the core programs, and local boards and shall include analysis of customer feedback and outcome and process measures in the statewide workforce investment system. The evaluations may include the use of control groups. (3) Results The State shall periodically prepare, submit to the State board and local boards in the State, and make available to the public, including by electronic means, reports containing the results of evaluations conducted under this subsection, to promote the efficiency and effectiveness of the workforce investment system. (f) Sanctions for State failure To meet State performance accountability measures (1) States (A) Technical assistance If a State fails to meet the State adjusted levels of performance relating to indicators described in subsection (b)(2)(A) for a program for any program year, the Secretary of Labor and the Secretary of Education shall, upon request, provide technical assistance, including assistance in the development of a performance improvement plan. (B) Reduction in amount of grant If such failure continues for a second consecutive year, or if a State fails to submit a report under subsection (d) for any program year, the Secretary of Labor or the Secretary of Education, as appropriate, may reduce by not more than 5 percent, the amount of the allotment that would (in the absence of this paragraph) be payable to the State under such program for the immediately succeeding program year. Such penalty shall be based on the degree of failure to meet State adjusted levels of performance. (2) Funds resulting from reduced allotments The Secretary of Labor or the Secretary of Education, as appropriate, shall use any amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B), to provide technical assistance to the States the Secretaries determine to be appropriate to improve the performance of their core programs. (g) Sanctions for local area failure To meet local performance accountability measures (1) Technical assistance If a local area fails to meet local performance accountability measures established under subsection (c) for the youth, adult, or dislocated worker program authorized under chapter 2 or 3 of subtitle B of title I for a program described in subsection (d)(2)(A) for any program year, the Governor, or upon request by the Governor, the Secretary of Labor, shall provide technical assistance, which may include assistance in the development of a performance improvement plan, or the development of a modified local plan or regional plan. (2) Corrective actions (A) In general If such failure continues for a second consecutive year, the Governor shall take corrective actions, which may include development of a reorganization plan through which the Governor may— (i) require the appointment and certification of a new local board, consistent with the criteria established under section 117(b)(1); (ii) prohibit the use of eligible providers and one-stop partners identified as achieving a poor level of performance; (iii) redesignate the local area in accordance with section 116; or (iv) take such other actions as the Governor determines are appropriate. (B) Appeal by local area (i) Appeal to governor The local board and chief elected official for a local area that is subject to a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan. In such case, the Governor shall make a final decision not later than 30 days after the receipt of the appeal. (ii) subsequent action The local board and chief elected official for a local area may, not later than 30 days after receiving a decision from the Governor pursuant to clause (i), appeal such decision to the Secretary of Labor. In such case, the Secretary shall make a final decision not later than 30 days after the receipt of the appeal. (C) Effective date The decision made by the Governor under subparagraph (B)(i) shall become effective at the time the Governor issues the decision pursuant to such clause. Such decision shall remain effective unless the Secretary of Labor rescinds or revises such plan pursuant to subparagraph (B)(ii). (h) Definitions of indicators of performance (1) In general In order to ensure nationwide comparability of performance data, the Secretary of Labor and the Secretary of Education, after consultation with representatives described in paragraph (2), shall issue definitions for the indicators described in this section. (2) Representatives The representatives referred to in paragraph (1) are representatives of States and political subdivisions, business and industry, employees, eligible providers of activities carried out through the core programs, educators, researchers, participants, the lead State agency officials with responsibility for the programs carried out through the core programs, individuals with expertise in service individuals with barriers to employment, and other interested parties. (i) Fiscal and management accountability information systems (1) Wage records In measuring the progress of the State across all core programs as identified in section 136(b)(2)(A) on State and local performance accountability measures, a State shall utilize quarterly wage records, consistent with State law. The Secretary of Labor shall make arrangements, consistent with State law, to ensure that the wage records of any State are available to any other State to the extent that such wage records are required by the State in carrying out the State plan of the State or completing the annual report described in subsection (d). (2) Confidentiality In carrying out the requirements of this Act, the State shall comply with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (j) System-Wide improvements (1) Purpose The purpose of this subsection is to establish system-wide improvements across all programs to enhance data collection, ensure accountability and increase administrative efficiencies in employment and training programs that will expand the capacity and improve the performance of the workforce system. (2) Development and implementation (A) In general The Secretary of Labor and the Secretary of Education, after consultation with the representatives described in subsection (h)(2), shall develop system-wide performance measures across the one-stop partner programs described in section 121(b) to measure the collective effectiveness of the workforce investment system in aligning and coordinating the core programs and other one-stop partner programs, employers as a meaningful system partner to address businesses and other employer immediate and long-term skilled workforce needs in in-demand, high-growth, and other occupations important to a State, regional, or local economy, expanding access to education and training for participants (including participants with barriers to employment), and establishing or strengthening credential attainment and measurement strategies. Not later than the beginning of the third program year, the Secretary of Labor and the Secretary of Education after consultation with the representatives described in subsection (h)(2), shall develop system-wide performance accountability measures. (B) Benchmarks Not later than the beginning of the third program year, each State shall include in the State plan described in section 112 or the State unified plan described in section 113 quantifiable benchmarks that demonstrate annual improvement with respect to each of the system-wide performance indicators established under this section. (C) Requirements For each State, the system-wide performance accountability measures shall consist of— (i) the indicators of performance described in paragraph (3) (A) through (D); (ii) any other indicators established by the Secretary of Labor and the Secretary of Education in consultation with the representatives described in subsection (h)(2); and (iii) a State adjusted level of performance for each indicator described in paragraph (3). (3) Indicators of performance The indicators of system-wide performance shall be measured from baseline data collected in the first year after the date of enactment of this subsection and shall consist of the following: (A) Indicators of effectiveness in engaging employers as a system partner The State indicators of effectiveness in serving employers shall at a minimum consist of— (i) the number and percentage of employers in the State using one-stops; (ii) the total number of returning employers in the State using one-stops and one-stop partner program services, including training; (iii) the number of training modules created for specific employers or groups of employers; and (iv) the size of each employer in the State using one-stops and one-stop partner programs services. (B) Indicators of expanded access to training services The State indicators of expanded access to training services shall at a minimum consist of— (i) the number and percentage of participants who received training or education services under a one-stop partner program; (ii) the number and percentage of participants and youth with barriers to employment who received services from a one-stop partner program resulting in entry into an education and training program that leads to employment or a recognized postsecondary credential; (iii) the total number and percentage of participants concurrently enrolled in two or more core programs, or in at least one other one-stop partner program; (iv) the number and percentage of participants engaged in career pathways; and (v) the total number and percentage of participants who are enrolled and whose training is co-funded by Pell grants or other sources of financial aid. (C) Indicators of credential attainment and measurement The State indicators of credential attainment and measurement shall at a minimum consist of the total number and percentage of recognized postsecondary credentials earned during the program year by, or awarded to, participants of programs described in section 136(b)(3)(A)(i). (D) Additional indicators A State may identify in a State plan additional system-wide performance accountability indicators. (4) Levels of performance (A) State adjusted levels of performance for system-wide performance accountability indicators (i) In general For each State submitting a State plan under section 112 or section 113, there shall be established, in accordance with this paragraph, levels of performance for each of the system-wide performance accountability indicators that shall measure aggregate performance for the programs referred to in section 121(b)(1)(B), and which may include data from programs referred to in section 121(b)(2)(B). (ii) Identification in State plan Prior to the third program year after enactment of this Act, each State shall identify, in the State plan, expected levels of performance for each of the corresponding system-wide performance accountability indicators under subsection (j)(2) for each of the third and fourth program years covered by the State plan. (iii) Agreement on State adjusted levels of performance The State shall reach agreement with the Secretary of Labor and the Secretary of Education on levels of performance for each indicator under subsection (j)(2) for each of the third and fourth program years covered by the State plan. In reaching the agreement, the State and Secretaries shall take into account the levels identified in the State plan under clause (ii), and may take into account the factors described in subsection (c)(3)(A)(v). (B) Levels of performance for additional indicators The State may identify, in the State plan, State levels of performance for each of the additional indicators identified under subsection (j)(2)(E). Such levels shall be considered the State adjusted levels of performance for purposes of this section. (C) Failure to meet system-wide performance accountability measures If a State fails to meet State adjusted levels of performance relating to indicators described in paragraph (3) for any program year the Secretary of Labor and the Secretary of Education shall, upon request, provide technical assistance, including assistance in the development of a performance improvement plan. (5) Reports Not later than 1 year after the date of the enactment of the Workforce Investment Act of 2012, the Secretary of Labor shall report to the Committee on Education and the Workforce on the indicators described in paragraph (2) of this section and provide recommendations to the Committee on improving coordination and increasing efficiencies in one-stop partner programs. . 119. Authorization of funding for one-stop infrastructure Section 137 is amended by adding at the end the following: (d) One-Stop infrastructure (1) Authorization of Appropriations In addition to the funds authorized under subsections (a), (b), and (c), there is authorized to be appropriated an additional amount equal to 3 percent of the total of amounts appropriated under such subsections, for costs of infrastructure including rental costs and other expenses associated with establishing and maintaining one-stop centers in accordance with section 121. (2) Allotment The Secretary shall allot the funds appropriated pursuant to paragraph (1) for each fiscal year among the States as follows: (A) Two-thirds of such sums shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State as compared to the total number of such individuals in all States. (B) One-third of such sums shall be allotted on the basis of the relative number of unemployed individuals in each State as compared to the total number of such individuals in all States. For purposes of this paragraph, the number of individuals in the civilian labor force and the number of unemployed individuals shall be based on data for the most recent calendar year available, as determined by the Secretary. . C Job Corps 131. Purposes Section 141(1) is amended to read as follows: (1) to maintain a national Job Corps program, carried out in partnership with States and communities, to— (A) assist eligible youth to connect to the labor force by providing them with intensive social, academic, career and technical education, and service-learning opportunities, in primarily residential centers, in order for such youth to obtain secondary school diplomas or recognized postsecondary credentials leading to— (i) successful careers, in in-demand industry sectors or occupations or the Armed Forces, that will result in economic self-sufficiency and opportunities for advancement; or (ii) enrollment in postsecondary education; and (B) support responsible citizenship; . 132. Definitions Section 142 is amended— (1) in paragraph (2)— (A) by striking customer service ; (B) by striking intake and inserting assessment ; and (C) by striking a Jobs Corps center and inserting support the purposes of the Jobs Corps ; (2) in paragraph (4), by striking before completing the requirements and all that follows and inserting prior to becoming a graduate. ; (3) in paragraph (5), by striking has completed the requirements and all that follows and inserting the following: who, as a result of participation in the Job Corps program, has received a secondary school diploma or recognized equivalent or completed the requirements of a career and technical education and training program that prepares individuals for employment leading to economic self-sufficiency or entrance into postsecondary education or training. ; and (4) in paragraph (9), by striking area served by a regional office of the Employment and Training Administration and inserting defined by the Secretary . 133. Individuals eligible for the Job Corps Section 144 is amended by adding at the end the following: (4) Special rule for veterans Notwithstanding the requirement of paragraph (2), a veteran of the Armed Forces shall be eligible to become an enrollee under this section if the individual— (A) meets the requirements of paragraphs (1) and (3); and (B) does not meet the requirement of paragraph (2) because the military income earned by such individual within the 6-month period prior to the individual’s application for Job Corps prevents the individual from meeting such requirement. . 134. Recruitment, screening, selection, and assignment of enrollees Section 145 is amended— (1) in subsection (a)(2)— (A) in subparagraph (C)(i), by striking vocational and inserting career and technical education and training ; and (B) by amending subparagraph (E) to read as follows: (E) assure appropriate representation of enrollees from urban areas and from rural areas. ; (2) in subsection (a)(3)— (A) in subparagraph (B), by striking ; and and inserting a semicolon; (B) in subparagraph (C), by striking the period and inserting ; and ; and (C) by adding at the end the following: (D) child welfare agencies that are responsible for children in foster care and children eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677). ; (3) in subsection (b)(1)(B), by inserting and agrees to such rules after failure to observe the rules ; (4) in subsection (c)— (A) in paragraph (1) in the matter preceding subparagraph (A), by striking an assignment and inserting a ; (B) in paragraph (2), in the matter preceding subparagraph (A), by striking the Secretary shall, every 2 years, analyze, for the Job Corps center— and inserting every 2 years the Secretary, in consultation with operators of Job Corps centers, shall analyze relevant factors relating to each Job Corps center, including— ; (C) in subparagraph (B), by striking ; and and inserting a semicolon; (D) in subparagraph (C)— (i) by inserting the education, training, and supportive after including ; and (ii) by adding and after the semicolon; and (E) by adding at the end the following: (D) the performance of the Job Corps center relating to the expected levels of performance for the indicators described in section 159(c)(1), and whether any actions have been taken with respect to such center pursuant to paragraphs (2) and (3) of section 159(f). ; and (5) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking is closest to the home of the enrollee, except that the and inserting offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The ; and (ii) by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in paragraph (2), by striking to the home of and inserting to the home of that offers the career and technical education and training desired by . 135. Enrollment Section 146(b) is amended— (1) in paragraph (1), by striking or ; and (2) by redesignating paragraph (2) as paragraph (4) and inserting after paragraph (1) the following: (2) in the case of an individual with a disability who would reasonably be expected to meet the standards for a Job Corps graduate, as defined under section 142(5), if allowed to participate in the Job Corps for not more than 1 additional year; (3) in the case of an individual who participates in national service, as authorized by a Civilian Conservation Center program, who would be granted an enrollment extension in the Job Corps for the amount of time equal to the period of national service; or . 136. Job Corps centers Section 147 is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A), by striking vocational both places it appears and inserting career and technical ; and (ii) in subparagraph (B), by inserting , or other entity with the necessary capacity, after local entity ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) and inserting subsections (a) and (b) of section 3304 of title 41, United States Code, ; and (ii) in subparagraph (B)(i)— (I) in subclause (II), by striking vocational and inserting career and technical education and ; (II) in subclause (III), by striking is familiar with the surrounding communities, and inserting demonstrates relationships with the surrounding communities, employers, labor organizations, workforce boards, ; and (III) by amending subclause (IV) to read as follows: (IV) the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity's demonstrated effectiveness in assisting individuals in achieving the primary indicators of performance for eligible youth described in section 136(b)(2)(A)(ii). ; and (2) by amending subsection (c) to read as follows: (c) Civilian conservation centers (1) In general The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall provide, in addition to academics, career and technical education and training, and workforce preparation skills training, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest. (2) Assistance during disasters Enrollees in Civilian Conservation Centers may provide assistance in addressing national, State, and local disasters, consistent with current child labor laws and regulations. The Secretary of Agriculture shall ensure that with respect to the provision of such assistance the enrollees are properly trained, equipped, supervised, and dispatched consistent with standards for the conservation and rehabilitation of wildlife established under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.). (3) National liaison The Secretary of Agriculture shall designate a Job Corps National Liaison to support the agreement under this section between the Departments of Labor and Agriculture. . 137. Program activities Section 148 is amended— (1) by amending subsection (a) to read as follows: (a) Activities provided by job corps centers (1) In general Each Job Corps center shall provide enrollees with an intensive, organized, and supervised program of education, including English language acquisition programs, career and technical education and training, work experience, work-based learning, recreational activities, physical rehabilitation and development, and counseling, which may include information about financial literacy. Each Job Corps center shall provide enrollees assigned to the center with access to core services described in section 134(c)(2) and the intensive services described in section 134(c)(3). (2) Relationship to opportunities (A) In general The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment— (i) secure and maintain meaningful unsubsidized employment; (ii) enroll in and complete secondary education or postsecondary education or training programs, including other suitable career and technical education and training, and registered apprenticeship programs; or (iii) satisfy Armed Forces requirements. (3) Link to employment opportunities The career and technical education and training provided shall be linked to the employment opportunities in the local area in which the enrollee intends to seek employment after graduation. ; (2) in subsection (b)— (A) in the subsection heading, by striking Education and Vocational and inserting Academic and Career and Technical Education and ; (B) by striking education and vocational and inserting career and technical education ; (C) by striking vocational educational and inserting career and technical educational ; and (D) by striking or technical institutes and inserting technical institutes, or national service providers ; (3) in subsection (c)— (A) by amending paragraph (2) to read as follows: (2) Benefits During the period of participation in an advanced career training program, an enrollee shall be eligible for full Job Corps benefits, or a monthly stipend equal to the average value of the residential support, food, allowances, and other benefits provided to enrollees assigned to residential Job Corps centers. ; and (B) in paragraph (3), by striking Each year, and inserting The Secretary shall develop standards by which ; and (4) by amending subsection (d) to read as follows: (d) Graduate services In order to promote the retention of graduates in employment or postsecondary education, the Secretary shall arrange for the provision of job placement and support services to graduates for up to 12 months after the date of graduation. One-stop partners, may support the provision of these services, including services from the State vocational rehabilitation agency to supplement job placement and job development efforts for Job Corps graduates who are individuals with disabilities. . 138. Support Section 150(b) is amended— (1) in the subsection heading, by striking Readjustment allowances and inserting Transition allowances and support ; (2) in paragraph (1)— (A) in the paragraph heading, by striking graduates and inserting allowances for graduates ; (B) in the first sentence, by striking readjustment and inserting transition ; and (C) by striking the second and third sentences, and inserting the following: The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of recognized postsecondary credentials. ; and (3) by amending paragraph (2) to read as follows: (2) Transition support for former enrollees The Secretary may arrange for the provision of 3 months of employment services for former enrollees. . 139. Community participation Section 153 is amended— (1) by amending subsections (a) and (b) to read as follows: (a) Business and community participation The director of each Job Corps center shall ensure the establishment and development of the business and community networks described in subsection (b) in order to enhance the effectiveness of such centers. At centers where a national training contractor provides career and technical education training, and has direct and long-standing linkages to registered apprenticeship programs or affiliated national employer groups, the national training contractor shall have the lead in maintaining networks with the programs described in clauses (ii) and (iii) of subsections (b)(1)(C). (b) Networks The activities carried out by each Job Corps center under this section shall include— (1) establishing and developing relationships and networks with— (A) local and distant employers, to the extent practicable, in coordination with other Federal and non-Federal programs that conduct similar outreach to employers; (B) applicable one-stop centers and applicable local boards, for the purpose of providing— (i) information to, and referral of, potential enrollees; and (ii) job opportunities for Job Corps graduates; and (C) (i) youth programs; (ii) registered apprenticeship programs, labor-management organizations and local labor organizations; (iii) employers and contractors that support national training contractor programs; and (iv) community-based organizations, non-profit organizations, and intermediaries providing workforce development-related services; and (2) establishing and developing relationships with members of the community in which the Job Corps center is located, informing members of the community about the projects of the Job Corps center and changes in the rules, procedures, or activities of the center that may affect the community, and planning events of mutual interest to the community and the Job Corps center. ; and (2) in subsection (c)— (A) by striking Liaison for and inserting director of a ; and (B) by striking establish and develop and inserting ensure the establishment and development of . 140. Industry councils Section 154 is amended— (1) in subsection (a), by striking after consultation with the Liaison ; and (2) in subsection (b)— (A) in paragraph (1)(A)(ii), by striking area and inserting areas in which enrollees will be seeking employment ; (B) by adding after paragraph (2) the following: (3) Employers outside of local area The industry council for a Job Corps center may include, or otherwise provide for consultation with, employers from outside the local area who are likely to hire a significant number of enrollees from the Job Corps center. (4) Special rule for single State local areas In the case of a single State local area designated under section 116(b), the industry council shall include a representative of the State Board. ; and (C) in subsection (c), by striking vocational each place it appears and inserting career and technical education and . 141. Experimental, research, and demonstration projects and College Corps program (a) Miscellaneous amendments Section 156 is amended— (1) by striking The Secretary and inserting (a) In general .—The Secretary ; (2) by striking program and may waive and inserting program. The Secretary may waive ; and (3) by inserting before the period the following: if the Secretary informs the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, in writing, not less than 90 days in advance of issuing such waiver. . (b) College Corps Section 156 is further amended by adding at the end the following new subsection: (b) College Corps (1) Establishment The Secretary of Labor and the Secretary of Education shall jointly establish a demonstration project under this section to be known as the College Corps that provide at-risk youth intensive education and skills training in order to prepare such youth for college and for high-skilled employment that can only be achieved with a college degree. (2) Selection of sites The Secretary of Labor and the Secretary of Education shall jointly select sites to participate, on a competitive basis, from among underperforming Jobs Corps centers in areas with low levels of college attainment. (3) Eligible operators The Secretary shall select College Corps center operators on a competitive basis from among nonprofit organizations with prior success operating high-performing, college and career-ready education residential programs for at-risk young people. (4) Administration projects (A) In general The Secretary shall administer the College Corps sites in collaboration with the Secretary of Education with the development of an interagency agreement that identifies the duties and responsibilities of the Departments under these projects. (B) Partnerships As part of the interagency agreement, the Secretary of Education will be responsible for partnering with a State or local education agency for the purposes of granting a high school diploma that adheres to college and career ready standards and accessing State and local education dollars. (C) Deadline A grant, contract, or cooperative agreement to operate at least one center shall be awarded to an eligible operative within 1 year from enactment. (5) Eligible participants Individuals eligible to participate in College Corps projects under this subsection shall be low-income youth who are in 6th or 7th grade at the time they begin participation who meet at least two of the following criteria: (A) Have a record of suspensions, office referrals, or chronic truancy. (B) Have failed to achieve proficiency on State assessment in mathematics, reading, or both. (C) Live in a household that is headed by a single parent or non-custodial parent. (D) Is homeless or is a foster child. (E) Live in a household that is public housing or receives public housing assistance. (F) Have an immediate family member who is or has been incarcerated. . 142. Technical amendment Section 158(c)(1) is amended by striking title II of the Federal Property and Administrative Services Act of 1949 ( 40 U.S.C. 481 et seq. ) and inserting chapter 5 of title 40, United States Code, . 143. Performance accountability and management Section 159 is amended— (1) in the section heading, by striking management information and inserting Performance accountability and management ; and (2) by striking subsections (c) through (f), redesignating subsection (g) as subsection (j), and inserting after subsection (b) the following: (c) Information on indicators of performance (1) Levels of performance and indicators The Secretary shall annually establish expected levels of performance for Job Corps centers and the Job Corps program relating to each of the primary indicators of performance for eligible youth activities described in section 136(b)(2)(A)(ii). (2) Performance of recruiters The Secretary shall also establish performance indicators, and expected performance levels on the performance indicators, for recruitment service providers serving the Job Corps program. The performance indicators shall relate to the number of enrollees recruited, compared to the established goals for such recruitment, and the number of enrollees who remain committed to the program for 90 days after enrollment. (3) Performance of career transition service providers The Secretary also shall establish performance indicators, and expected levels of performance for such indicators, for local and national career transition service provides serving the Job Corps program. The performance indicators shall include the number of graduates and former enrollees— (A) who entered an unsubsidized employment related to the training they received at Job Corps and their average wage; and (B) who entered other types of unsubsidized employment, the military, postsecondary education, or advanced training programs, including registered apprenticeship programs, and their average wage, if applicable. (4) Report The Secretary shall collect, and annually submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, a report containing— (A) information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraph (1), as compared to the expected level of performance established under such paragraph for each performance accountability measure; and (B) information on the performance of the service providers described in paragraph (2) on the performance indicators established under such paragraph, as compared to the expected performance levels for the performance indicators. (d) Additional information (1) In general The Secretary shall also collect, and submit in the report described in subsection (c), information on the performance of each Job Corps center, and the Job Corps program, regarding— (A) the number of enrollees entering and completing by field of education or training; (B) demographic information on the enrollees served, including age, race, gender, and education and income level; (C) the number of graduates who entered the Armed Forces; (D) the number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps program and the number who entered unsubsidized employment not related to the education and training received; (E) the starting hourly wages of graduates and whether they receive other forms of compensation and benefits; (F) the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b); and (G) any additional information required by the Secretary. (2) Rules for reporting of data The disaggregation of data under this subsection shall not be required when the number of individuals in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual. (e) Methods The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(i)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates. (f) Performance assessments and improvements (1) Assessments The Secretary shall conduct an annual assessment of the performance of each Job Corps center. Based on the assessment, the Secretary shall take measures to continuously improve the performance of the Job Corps program. (2) Performance improvement With respect to a Job Corps center that fails to meet the expected levels of performance relating to the primary indicators of performance specified in subsection (c)(1), the Secretary shall develop and implement a performance improvement plan. Such a plan shall require action to be taken during a one-year period, including— (A) providing technical assistance to the center; (B) changing the career and technical education and training offered at the center; (C) changing the management staff of the center; (D) replacing the operator of the center; (E) reducing the capacity of the center; (F) relocating the center; or (G) closing the center. (3) Additional performance improvement In addition to the performance improvement plans required under paragraph (2), the Secretary may develop and implement additional performance improvement plans. Such a plan shall require improvements, including the actions described in such paragraph, for a Job Corps center that fails to meet criteria established by the Secretary other than the expected levels of performance described in such paragraph. (4) Civilian conservation centers With respect to a Civilian Conservation Center that fails to meet the expected levels of performance relating to the primary indicators of performance specified in subsection (c)(1), or fails to improve performance as described in paragraph (2), the Secretary, in consultation with the Secretary of Agriculture, may select an entity to operate a Civilian Conservation Center on a competitive basis, in accordance with the requirements of section 147(a)(2)(B). (g) Participant health and safety The Secretary shall require that an entity that has entered into a contract with a Job Corps operator to provide work-based learning activities for any Job Corps enrollee under this subtitle shall comply with the Occupational Safety and Health Act of 1970 ( 20 U.S.C. 651 et seq. ) or, as appropriate, under the corresponding State Occupational Safety and Health Act of 1970 requirements in the State in which such activities occur. (h) Buildings and facilities The Secretary shall collect, and submit in the report described in subsection (c), information regarding the state of Job Corps buildings and facilities. Such report shall include— (1) a review of requested construction, rehabilitation, and acquisition projects, by each Job Corps center; and (2) a review of new facilities under construction. (i) National and community service The Secretary shall include in the report described in subsection (c) available information regarding the national and community service activities of enrollees, particularly those enrollees at Civilian Conservation Centers. . 144. Authorization of appropriations Section 161 is amended by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . D National Programs 151. Native American programs Section 166 is amended— (1) in subsection (a)(1)(B), by inserting and to equip them with the entrepreneurial skills necessary for successful self-employment after workforce ; (2) in subsection (c)(2), by adding at the end the following: The Secretary may exercise the waiver authority of the preceding sentence not more than once during any 4-year period with respect to any single recipient. ; (3) in subsection (d)— (A) in paragraph (1)(B)— (i) by inserting Alaska Natives after Indians ; (ii) by striking unsubsidized ; and (iii) by inserting leading to self-sufficiency and the development of the academic, occupational, and literacy skills of such individuals before the period; and (B) in paragraph (2)— (i) in subparagraph (A)(i), by inserting , including training on entrepreneurial skills before the semicolon; and (ii) in subparagraph (A)(ii), by inserting Alaska Native after Indian ; (4) in subsection (e)— (A) in paragraph (3)— (i) by striking unsubsidized ; and (ii) by inserting leading to self-sufficiency before the semicolon; and (B) in paragraph (5)— (i) by inserting accountability after performance ; and (ii) by inserting , which shall include the primary indicators of performance described in section 136(b)(2)(A) and expected levels of performance for such indicators, in accordance with subsection (h) before the period; (5) by redesignating subsections (h) through (j) as subsections (i) through (k), respectively, and inserting after subsection (g) the following new subsection: (h) Performance Accountability Measures (1) Additional performance indicators and standards (A) Development of indicators and standards The Secretary, in consultation with the Native American Employment and Training Council, shall develop a set of performance indicators and standards that is in addition to the primary indicators of performance described in section 136(b)(2)(A) and that shall be applicable to programs under this section. (B) Special considerations Such performance indicators and standards shall take into account— (i) the purpose of this section as described in subsection (a)(1); (ii) the needs of the groups served by this section, including the differences in needs among such groups in various geographic service areas; and (iii) the economic circumstances of the communities served, including differences in circumstances among various geographic service areas. (C) Agreement on adjusted levels of performance The Secretary and the entity described in subsection (c) shall reach agreement on the levels of performance for each of the primary indicators of performance described in section 136(b)(2)(A), taking into account economic conditions, characteristics of the individuals served, and other appropriate factors and using, to the extent practicable, the statistical adjustment model under section 136(b)(3)(A)(viii). The levels agreed to shall be the adjusted levels of performance and shall be incorporated in the program plan. ; (6) in subsection (i) (as so redesignated)— (A) in paragraph (2)(A)— (i) by striking performance measures and inserting regulations relating to the performance accountability measures ; and (ii) by striking such subsection, taking into account the economic circumstances of such entities and inserting this section ; and (B) in paragraph (4)(A), by inserting and to provide the advice described in subparagraph (C) before the period; and (7) in subsection (k) (as so redesignated)— (A) in paragraph (1) by striking American Samoans who reside in Hawaii for the co-location of federally funded and State-funded and inserting the Cook Inlet Tribal Council, Incorporated, and the University of Hawaii at Maui, for the unique populations who reside in Alaska or Hawaii, respectively, to improve job training and ; and (B) in paragraph (2), by striking fiscal year 1999 and inserting each of fiscal years 2013 through 2017 . 152. Migrant and seasonal farmworker programs Section 167 is amended— (1) in subsection (b)— (A) by inserting and deliver after administer ; and (B) by inserting workforce investment after including youth ; (2) in subsection (c)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking identify and inserting describe the population to be served and identify ; and (II) by inserting , including upgraded employment in agriculture before the semicolon; (ii) in subparagraph (B), by striking ; and and inserting a semicolon; (iii) in subparagraph (C)— (I) by striking indicators of performance and inserting performance accountability measures ; and (II) by inserting , which shall include the expected levels of performance for the primary indicators of performance described in section 136(b)(2)(A) before the semicolon; and (iv) by inserting after subparagraph (C) the following new subparagraphs: (D) describe the availability and accessibility of local resources such as supportive services, services provided through one-stop delivery systems, and education and training services, and how the resources can be made available to the population to be served; and (E) describe the plan for providing services under this section, including strategies and systems for outreach, career planning, assessment, and delivery through one-stop delivery systems. ; (B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and inserting after paragraph (2) the following new paragraph: (3) Agreement on adjusted levels of performance The Secretary and the entity described in subsection (b) shall reach agreement on the levels of performance for each of the primary indicators of performance described in section 136(b)(2)(A), taking into account economic conditions, characteristics of the individuals served, and other appropriate factors, and using, to the extent practicable the statistical adjustment model under section 136(b)(3)(A)(viii). The levels agreed to shall be the adjusted levels of performance and shall be incorporated in the program plan. ; and (C) in paragraph (5)(B) (as so redesignated)— (i) by striking grant or contract the first place it appears and inserting grant, contract, or agreement ; (ii) by striking under the terms of the grant agreement or contract ; (iii) by striking requirement and inserting requirements ; (iv) by striking plan described in paragraph (1) and inserting program plan ; and (v) by striking grant or contract the second place it appears and inserting period of the grant, contract, or agreement ; (3) by amending subsection (d) to read as follows: (d) Authorized activities Funds made available under this section and section 127 shall be used to carry out workforce investment activities (including youth workforce investment activities) and provide related assistance for eligible migrant and seasonal farmworkers, which may include— (1) outreach, employment, training, educational assistance, literacy assistance, English language and literacy instruction, pesticide and worker safety training, housing (including permanent housing), supportive services, and school dropout prevention activities; (2) followup services for those individuals placed in employment; (3) self-employment and related business or micro-enterprise development education as needed by eligible individuals as identified pursuant to the plan required by subsection (c); (4) customized career and technical education in occupations that will lead to higher wages, enhanced benefits, and long-term employment in agriculture or another area; and (5) technical assistance to improve coordination of services and implement best practices relating to service delivery through one-stop delivery systems. ; (4) by amending subsection (f) to read as follows: (f) Regulations The Secretary shall establish regulations to carry out this section, including regulations relating to how economic and demographic barriers to employment of eligible migrant and seasonal farmworkers should be considered and included in the negotiations leading to the adjusted levels of performance described in subsection (c). ; (5) in subsection (g), by striking (enacted by the Single Audit Act of 1984) ; and (6) by amending subsection (h) and deleting subsection (i) to read as follows: (h) Funding allocation From the funds appropriated and made available to carry out this section, the Secretary may reserve not more than 1 percent for national purposes, such as providing technical assistance to eligible entities. . 153. Veterans workforce investment programs Section 168 is amended— (1) in subsection (a)(3)(A), by inserting , including services provided by one-stop operators and one-stop partners before the semicolon; (2) in subsection (b)(2)(A), by inserting accountability after performance ; and (3) by adding at the end of subsection (b) the following new paragraph: (3) Performance accountability measures In carrying out the responsibilities relating to performance accountability measures described in paragraph (2)(A), the Assistant Secretary for Veterans’ Employment and Training shall, for each grant or contract under this section providing education, training, or employment services to veterans, include among such measures the primary indicators of performance described in section 136(b)(2)(A)(i) and adjusted levels of performance for each such indicator that are agreed to by the Assistant Secretary and the recipient of the grant or contract. . 154. Repeal Section 169 is repealed. 155. Technical assistance Section 170 is amended by adding at the end the following new subsection: (c) Promising and proven practices coordination Consistent with the identification and dissemination of promising and proven practices under subtitle B of title I, the Secretary shall— (1) establish a system through which States and local areas share information regarding promising and proven practices with regard to the operation of workforce investment activities under this Act; (2) evaluate and disseminate information regarding such promising and proven practices and identify knowledge gaps; and (3) commission research under section 170(c) to address knowledge gaps identified under paragraph (2). . 156. Innovation projects Section 171 is amended— (1) in the section heading, by striking Demonstration, pilot, Multiservice, research and multistate projects and inserting Innovation projects ; (2) by amending subsections (b) and (c) to read as follows: (b) Innovation projects (1) In general The Secretary shall, through grants or contracts, carry out demonstration and pilot projects that are consistent with the priorities specified in the plan published under subsection (a) and that are for the purposes of developing and implementing techniques and approaches, and demonstrating the effectiveness of specialized methods, in addressing employment and training needs. Such projects shall— (A) include the provision of direct services to individuals; (B) be subject to measures of performance that include the primary indicators of performance described in section 136(b)(2)(A) as well as other appropriate indicators; and (C) include an evaluation component as appropriate to the program design. (2) Types of projects Such projects may include— (A) projects that assist employers in connecting with the workforce investment system established under this Act in order to facilitate the recruitment, employment, and retention of workers for jobs with career pathways and to provide information to such system on skills and high-growth occupations; (B) projects that focus on opportunities for employment in industries and sectors of industries that are experiencing, or are likely to experience, high rates of growth, including health care and advanced manufacturing sectors, and have jobs with wages and benefits leading to economic self-sufficiency; (C) projects that focus on local partnerships of industry, labor, community colleges, area career and technical education centers community-based organizations, and economic development organizations, to promote opportunities for dislocated workers and long-term unemployed to receive training and related services for employment and access to career ladders in high-demand sectors; (D) projects to determine the feasibility of, and potential means to replicate, measuring the compensation, including the wages, benefits, and other incentives provided by an employer, received by program participants by using data other than or in addition to data available through wage records, for potential use as a performance indicator; (E) projects to develop and implement promising or proven approaches and technologies, including the use of distance education and activities to increase the digital literacy of older individuals, in order to deliver employment related, work-based training services and recognized postsecondary credentials; (F) projects that provide retention grants, which grants shall— (i) be provided to job training and apprenticeship programs that have demonstrated expertise in serving low-income individuals and that offer instruction, assessment, and professional coaching, for each low-income individual who is retained in such employment with such employer for a period of 1 year; and (ii) be provided taking into account the economic benefit received by the Federal Government from the employment and retention of the individual, including the economic benefit from tax revenue and decreased public subsidies; (G) projects utilizing a pay-for-performance approach for providers of education, training, and employment services to individuals with barriers to employment, including services targeted to addressing the specific challenges and conditions that have created barriers for participants in programs under this Act; (H) projects that provide comprehensive education and training services, and support services, in coordination with local boards, for populations in targeted high poverty areas where the greatest barriers to employment exist, including ex-offenders, out-of-school youth, and public assistance recipient populations; and (I) projects that seek to replicate exemplary youth programs that have demonstrated effectiveness in 2 or more noncontiguous local areas in preparing youth for success in the workforce. (3) Conditions (A) Competitive awards Grants or contracts awarded for carrying out demonstration and pilot projects under this subsection shall be awarded on a competitive basis and in accordance with generally applicable Federal requirements. (B) Time limits The Secretary shall establish appropriate time limits for carrying out demonstration and pilot projects under this subsection. ; and (3) in subsection (e)(7), by striking ( Public Law 109–58 ) and inserting (42 U.S.C. 15852) . 157. Workforce and youth innovation and best practices grants The Workforce Investment Act of 1998 is further amended by inserting after section 171 the following new sections: 171A. Workforce innovation and best practices grants (a) Purpose It is the purpose of this section to— (1) promote the development of comprehensive workforce investment systems at the State, regional, and local levels that reflect the alignment of strategies and activities across the core programs and, where appropriate, across other workforce development, education, economic development, and human services programs, to provide effective, high quality, and client-centered services to job seekers and workers, youth, and employers; (2) promote innovation and to improve, replicate, and expand models and service delivery strategies of demonstrated effectiveness in meeting the education, training, and employment needs of job seekers and workers, and youth, including such individuals with barriers to employment, and employers; and (3) establish and improve programs for youth that provide access to career pathways that include the attainment of a recognized postsecondary credential or employment that leads to economic self-sufficiency. (b) Program authorized From amounts appropriated to carry out this section, the Secretary of Labor and the Secretary of Education, in accordance with section 176, shall— (1) for the first program year that begins after the date of enactment of the Workforce Investment Act of 2013 , award transition grants in accordance with section 175; and (2) with funds not awarded for transition grants under paragraph (1) for the first program years that begins after the date of enactment of the Workforce Investment Act of 2013 , and for subsequent years, award workforce innovation and best practices grants to eligible entities in accordance with subsection (c). (c) Workforce innovation and best practices grants to eligible entities (1) In general From funds described in subsection (b)(1), the Secretary of Labor and the Secretary of Education shall award workforce innovation and replication grants on a competitive basis to eligible entities in accordance with paragraph (2) to be used for the purposes set forth in subsection (a). (2) Eligible entities (A) In general To be eligible to receive a grant under this subsection, a State partnership or regional entity shall meet the requirements of this paragraph, submit an application in accordance with subsection (e), and be in partnership with one or more of the following: (i) A nonprofit organization with relevant expertise, including a community-based organization. (ii) An institution of higher education, including a community college. (iii) A joint labor-management partnership. (B) State partnership For a State partnership to be eligible for funding under this subsection, a Governor of a State shall— (i) submit the application in partnership with the State board and with 1 or more regional entities in the State described in subparagraph (C); and (ii) demonstrate that the State has— (I) aligned the core programs; (II) made significant progress towards aligning the core programs with other workforce investment programs; and (III) achieved the alignments described in subclauses (I) and (II) consistent with the State plan. (C) Regional entities To be identified as a regional entity and to be eligible for funding under this subsection, a local board for a local area that is aligned with a region, or all of the local boards for local areas that comprise a planning region under section 116(c), shall demonstrate that— (i) the application has been developed in consultation with the State and is not duplicative of other applications under this subsection submitted by a State partnership; and (ii) the local board, or all of the local boards for the planning region, has— (I) worked with the core programs to achieve alignment of such programs in the region; (II) made significant progress towards aligning the core programs with other workforce investment programs in the region; and (III) achieved the alignments described in subclauses (I) and (II) consistent with the State plan. (d) Types of Grants authorized (1) In general From amounts appropriated to carry out this section, the Secretary of Labor and the Secretary of Education shall award eligible entities one or more of the following: (A) Planning grant The Secretary of Labor and the Secretary of Education may award a planning grant under this section, not to exceed a total of $250,000 for a 1-year period, to an eligible entity that— (i) is preparing to establish an innovative workforce investment project; and (ii) has not received a grant under this section. (B) Innovation grant The Secretaries may award an innovation grant under this section, not to exceed a total of $3,000,000 for a 2-year period to an eligible entity that— (i) has already received a planning grant under this section; or (ii) has already established an innovative workforce investment project. (C) Sustainability grant The Secretaries may award a sustainability grant, not to exceed a total of $2,000,000 for a 2-year period or $5,000,000 for a 5-year period, to an eligible entity that— (i) has established an innovative workforce investment project that has demonstrated measurable improvements as measured by the performance measures set forth in section 136; and (ii) seeks to expand or replicate that project on the State, local, or regional level. (2) Federal and non-Federal share The Federal share for the grants described in paragraph (1) shall be— (A) for a planning grant described in paragraph (1)(A), 100 percent; (B) for an innovation grant described in paragraph (1)(B)— (i) 90 percent of the costs of the activities carried out under the grant, in the first year of the grant; (ii) 80 percent of such costs in the second year of the grant; and (iii) 70 percent of such costs in the third year of the grant; and (C) for a sustainability grant described in paragraph (1)(C)— (i) for an eligible entity that receives a 2-year grant— (I) not more than 50 percent of the costs of the activities carried out under the grant, in the first year of the grant; and (II) not more than 30 percent of such costs in the second year of the grant; and (ii) for an eligible entity that receives a 5-year grant— (I) not more than 70 percent of the costs of the activities carried out under the grant, in the first year of the grant; (II) not more than 60 percent of such costs in the second year of the grant; (III) not more than 50 percent of such costs in the third year of the grant; (IV) not more than 40 percent of such costs in the fourth year of the grant; and (V) not more than 30 percent of such costs in the fifth year of the grant. (3) Non-Federal share The non-Federal share of an innovation or sustainability grant under this section may be in cash or in-kind, and may come from State, local, philanthropic, private, or other resources. (4) Financial hardship waiver The Secretary of Labor and the Secretary of Education may waive or reduce the matching share of an eligible entity that has submitted an application under this subsection if such entity demonstrates a need for such waiver or reduction due to financial hardship as defined by the Secretary of Labor and the Secretary of Education. (5) Fiscal agent Each eligible entity that is a State consortia or partnership receiving a grant under this subsection shall designate an entity in the partnership as the fiscal agent for purposes of this grant. (6) Supplement not supplant Federal funds awarded under this section shall be used to supplement, not supplant non-Federal resources that would be used to support activities carried out as part of the innovative workforce investment project. (7) Grant period (A) Planning grants Grants awarded under paragraph (1)(A) shall be made for a period of not longer than 1 year. (B) Innovation grant Grants awarded under paragraph (1)(B) shall be made for a period of no longer than 3 years. (C) Sustainability grant Grants awarded under paragraph (1)(C) shall be made for a period of no longer than 5 years. (e) Application An eligible entity seeking a grant under this section shall submit an application to the Secretary of Labor and the Secretary of Education at such time, in such manner, and containing such information as the Secretary of Labor and the Secretary of Education may require. An application submitted under this paragraph may include the following: (1) A description of the eligible entity, evidence of the eligible entity’s capacity to carry out activities in support of the strategic objectives identified in the application under paragraph (4), and, if the eligible entity is a partnership, a description of the expected participation and responsibilities of each of the partners. (2) A description of the industry or targeted industry cluster that will be served through the project, including a description of how the skilled workforce needs of small- and medium-sized employers connected with that industry or industries will be addressed. (3) A description of the target worker populations to be served through the project, including a description of target worker populations with significant barriers to employment and a description of strategies that will be used to help overcome such barriers. (4) A description of the strategic objectives that the eligible entity seeks to achieve through the funded project for— (A) implementing career pathways strategies, which may include— (i) providing clear linkages between remedial, academic and occupational programs within educational institutions, and articulation of credits across institutions; (ii) designing curricula in terms of competencies required for education and career advancement, and, where possible, tied to industry skill standards, certifications or licensing requirements including those developed by industry or sector partnerships; (iii) offering programs at times and places (including workplaces) convenient for working adults and structured in small modules or chunks , each leading to recognized credential; (iv) allowing flexibility to enter and exit education as participants’ circumstances permit; (v) providing support services, including career assessment and counseling, case management, child care, transportation, financial aid and job placement; (vi) creating bridge programs for educationally disadvantaged youths and adults that teach basic skills such as office communication, math and problem solving in the context of training for advancement to better jobs and postsecondary training; and (vii) aligning both public and private funding sources, such as the Carl D. Perkins Career and Technical Education Act, Workforce Investment Act, Adult Education and Family Literacy Act, Temporary Assistance to Needy Families, State and Federal financial aid, and employer tuition reimbursement; (B) implementing industry or sector partnerships, which may include— (i) recruiting key stakeholders in the targeted industry cluster, such as multiple businesses and employers, labor organizations, local boards, and education and training providers, and regularly convening the stakeholders in a collaborative structure that supports the sharing of information, ideas, and challenges common to the targeted industry cluster; (ii) identifying the training needs of multiple businesses, especially skill gaps critical to competitiveness and innovation in the targeted industry cluster; (iii) facilitating economies of scale by aggregating training and education needs of multiple employers; (iv) helping postsecondary educational institutions, training institutions, apprenticeship programs, area career and technical education centers, and all other training programs authorized under this Act, align curricula, entrance requirements and programs to industry demand and nationally portable, recognized postsecondary credentials (or, if not available for the targeted industry, other credentials, as determined appropriate by the Secretary), particularly for higher skill, high-priority occupations validated by the industry; (v) ensuring that the State agency carrying out the State program under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), including staff of the agency that provide services under such Act, shall inform recipients of unemployment insurance of the job and training opportunities that may result from the implementation of this grant; (vi) informing and collaborating with organizations such as youth councils, business-education partnerships, apprenticeship programs, secondary schools, and postsecondary educational institutions, and with parents and career counselors, for the purpose of addressing the challenges of connecting disadvantaged adults and disadvantaged youth as defined in section in this Act to careers; (vii) helping companies identify, and work together to address, common organizational and human resource challenges, such as— (I) recruiting new workers; (II) implementing effective workplace practices; (III) retraining dislocated and incumbent workers; (IV) implementing a high-performance work organization; (V) recruiting and retaining women in nontraditional occupation; (VI) adopting new technologies; and (VII) fostering experiential and contextualized on-the-job learning; (viii) developing and strengthening career ladders within and across companies, in order to enable dislocated, incumbent and entry-level workers to improve skills and advance to higher-wage jobs; (ix) improving job quality through improving wages, benefits, and working conditions; (x) helping partner companies, industry or sector partnerships to attract potential employees from a diverse job seeker base, including individuals with barriers to employment (such as job seekers who are low income, youth, older workers, and individuals who have completed a term of imprisonment), by identifying such barriers through analysis of the existing labor market and implementing strategies to help such workers overcome such barriers; and (xi) strengthening connections among businesses in the targeted industry cluster, leading to cooperation beyond workforce issues that will improve competitiveness and job quality, such as joint purchasing, market research, or centers for technology and innovation; and (C) implementing credential attainment and measurement strategies, which may include— (i) establishing a cross agency committee (such as the State workforce investment board, a legislative task force, a P–20 Council, or some other agreed upon group) that is specifically focused on low and middle skill education and training outcomes to measure credential attainment through the State’s workforce investment and training programs, by— (I) tracking, counting, measuring and public reporting credential attainment rates for all programs providing education and training beyond a high school diploma but less than a 4-year degree; (II) measuring the result of workforce training programs leading to an recognized postsecondary credential, certificate of degree; (III) establishing statewide policies, goals, and guidelines for the collection of credential outcome data for all employment and training programs and related programs and services within the State; (IV) engaging other related departments and agencies that may have data or are involved in activities related to workforce development and job training; (V) establishing standards and data collection infrastructure to assess the number of industry-recognized middle skill credentials or certificates produced through Federal or State programs, and their relation to labor market needs; (VI) setting credential attainment goals in high demand industry sector then monitor and measure progress over time; and (VII) providing an annual assessment and report to the Governor and Legislature about the type of credential outcomes produced by programs and provide recommendations to better align efforts across agencies to meet employer demand; (ii) ensuring the collection of credential outcome data from a range of public workforce and education programs to ensure State agencies and programs are increasing the number of workers with the skills and credentials needed to fill the projected demand for middle and high skilled jobs; (iii) using the data in order to assess workforce system outcomes, establish credential attainment goals, measure progress, and hold agencies accountable to increase the skills of the workforce; and (iv) developing a comprehensive workforce system report that provides individual agency outcomes and statewide representation of the credential attainment outcomes of the State’s workforce investment system. (5) A description of a pay-for-performance approach for providers of education, training, and employment services to individuals with barriers to employment, including services targeted to addressing the specific challenges and conditions that have created barriers for participants in programs under this Act. (f) Award basis (1) Geographic distribution The Secretary of Labor and the Secretary of Education shall award competitive grants under this section in a manner to ensure geographic diversity. (2) Priorities In awarding grants under this section, the Secretaries shall give priority to eligible entities that— (A) provide evidence of past or current investments in workforce innovation projects that incorporate one or more of the priority strategies; (B) focus on addressing the skill needs of multiple employers, including small- and medium-sized businesses; or (C) target services to low-income individuals, low-skill individuals, long-term unemployed, and other populations with barriers to employment. (g) Activities (1) In general An eligible entity receiving a grant under this section shall carry out the activities necessary to meet the strategic objectives, including planning activities if applicable, described in the entity’s application in a manner that— (A) integrates services and funding sources in a way that enhances the effectiveness of the activities; and (B) uses grant funds awarded under this section efficiently. (2) Administrative costs An eligible entity may retain a portion of a grant awarded under this section for a fiscal year to carry out the administration of this section in an amount not to exceed 5 percent of the grant amount. (h) Evaluation and progress reports (1) In general Not later than 1 year after receiving a grant under this section, and annually thereafter during the grant period, an eligible entity shall report to the Secretary of Labor and the Secretary of Education, and to the Governor of the State that the eligible entity serves, on the spending and activities funded pursuant to a grant under this section, including an evaluation of the progress the eligible entity has made toward the strategic objectives identified in the application and measure the progress using the performance accountability measures identified in the application. (2) Public availability The Secretary shall transmit such reports to the Congress and make such reports available to the public. (i) Administration by the Secretaries (1) Administrative costs The Secretaries may jointly retain a total of not more than 3 percent of the funds appropriated to carry out this section for each fiscal year to administer this section, including technical assistance and evaluation activities. (2) Technical assistance and oversight The Secretaries shall provide technical assistance and oversight to assist the eligible entities in applying for and administering grants awarded under this section, including technical assistance and through the collection and dissemination of information on best practices. (3) Performance accountability measures The Secretaries shall issue a range of performance measures, with quantifiable benchmarks, and methodologies that eligible entities may use to evaluate the effectiveness of each type of activity in making progress toward the strategic objectives described in the application. Such measures shall consider the benefits of the innovative workforce development projects and its activities for workers, firms, industries, and communities. (4) Dissemination The Secretaries shall— (A) coordinate the annual review of each eligible entity receiving a grant under this section and produce an overview report that, at a minimum, includes each funded project and best practices identified; (B) make resource materials, including all reports published and all data collected under this section, available on the Internet; and (C) conduct conferences and seminars to— (i) disseminate information on best practices developed by eligible entities receiving a grant under this section; and (ii) provide information to interested stakeholders. (5) Report to Congress Not later than 24 months after the date of enactment of the Workforce Investment Act of 2013 and on an annual basis thereafter, the Secretaries shall transmit a report to Congress on the grant program established by this section. The report shall include a description of— (A) the eligible entities receiving funding; (B) the spending and activities carried out by the eligible entities; (C) how the eligible entities were selected to receive funding under this section; and (D) an assessment of the results achieved by the grant program including findings from the annual reviews conducted under subsection (i). 171B. Youth Innovation and best practices grants (a) Program authorized (1) In general The Secretary of Labor and the Secretary of Education, shall— (A) for the first program year that begins after the date of enactment of the Workforce Investment Act of 2012, award transition grants in accordance with section 176; and (B) with funds not awarded for transition grants under paragraph (1) for the first program year that begins after the date of enactment of the Workforce Investment Act of 2012, and with the funds reserved for each program year thereafter, award youth innovation and replication grants to eligible entities described in subsection (c) for the purposes described in subsection (b). (b) Authorization and purpose of grants (1) In general From funds appropriated pursuant to section 174, the Secretary of Labor and the Secretary of Education shall award youth innovation and replication grants on a competitive basis to eligible entities described in subsection (c). (2) Use of funds The grants awarded under this section shall be used to support the demonstration of innovative new strategies and activities, or the replication and expansion of effective evidence-based strategies and activities that are designed to substantially improve education and employment outcomes for eligible youth, including preparation for post secondary education and training and for careers. Such strategies and activities shall include— (A) establishing career pathways in in-demand industry sectors and occupations for eligible youth, in collaboration with other Federal, State, and local programs, and public and private entities; (B) developing and implementing a comprehensive strategy, for an area of high poverty, that provides education and training programs, resources, and other activities that prepare youth for postsecondary education and training and for employment that leads to economic self-sufficiency; (C) developing and implementing strategies and activities that provide opportunities for youth with disabilities to receive education, training, and employment services that lead to a recognized postsecondary credential or integrated, competitive employment, including through incorporating elements of the individualized education program and related services under the Individuals with Disabilities in Education Act; (D) developing and implementing evidence-based strategies and activities, such as— (i) education offered concurrently and contextually with workforce preparation and training for a specific occupation or occupational cluster; (ii) career academies; (iii) dropout prevention and recovery strategies; (iv) paid or unpaid work experience, including summer employment opportunities and employment opportunities available throughout the school year, combined with academic learning leading to a recognized postsecondary credential; (v) innovative programs for youth facing multiple barriers to employment that arrange for the provision of or provide supportive services combined with education, training, including preparation for postsecondary education and training, or employment activities; or (vi) to include youth service and conservation corps programs in which a project undertaken is credited as qualifying experience for higher education, job training, or careers in public service; or (E) other evidence-based strategies or activities designed to improve the education and employment outcomes for youth. (c) Eligible entities and application (1) Eligible entities An entity eligible to receive a grant under this section shall include— (A) (i) the Governor of a State in coordination with the State board and with a local board for a local area that is aligned with a region, or with all boards for local areas that comprise a planning region, under section 116(c); or (ii) a local board for a local area that is aligned with a region, or all local boards for local areas that comprise a planning region, under section 116(c), in consultation with the standing committee on youth associated with the local board; and (B) one or more of the following: (i) A State education agency. (ii) A local education agency. (iii) A nonprofit organization with expertise serving eligible youth, including a community-based organization, youth corps, or an intermediary. (iv) An institution of higher education, including a community college and an area career and technical education center. (v) A joint labor-management partnership. (2) Application To receive a grant under this subsection, an eligible entity shall submit an application to the Secretary of Labor and the Secretary of Education at such time, in such manner, and containing such information, consistent with this paragraph, as the Secretaries may require. Each such application shall describe the innovation and replication strategies and activities that the eligible entity will carry out to strengthen the workforce investment system in the State or region in order to substantially improve education and employment outcomes for youth, such as youth with disabilities, served by such system, and may include— (A) a description of the region in the State or the State, as applicable, that will be the focus of grant activities, including analyses of economic conditions, skill needs, the workforce, and the workforce development services (including the strengths and weaknesses of such services and the capacity to provide such services) that are relevant to the proposed strategies and activities that would be carried out under the grant; (B) a description of the youth populations to be served, including individuals with barriers to employment who are youth, and the skill needs of those populations; (C) a description of the promising strategies and activities the eligible entity is proposing to demonstrate, or the evidence-based strategies and activities that the eligible entity is proposing to expand or replicate; (D) a description of how the eligible entity will meaningfully involve youth in the design and implementation of the proposed strategies and activities; (E) a description of how, in carrying out such strategies and activities, the eligible entity will— (i) collaborate to leverage resources among strategic partners to achieve the purposes of the grant, and to provide the matching share described in subsection (d)(2); and (ii) ensure the sustainability of the programs and activities supported by the grant after grant funds are no longer available; (F) a description of how the strategies and activities will be aligned with the State plan and the local plans in the region of the State that will be the focus of grant activities; (G) a description of the outcomes, including outcomes for the performance accountability measures based on indicators of performance described in section 136(b)(2)(A)(ii), to be achieved by the proposed strategies and activities; and (H) a description of how the eligible entity will— (i) use technology; (ii) collect data; (iii) made data publicly available; and (iv) use technology and date to improve program delivery, activities, and administration. (d) Matching funds requirements (1) Innovation fund share The amount of the share of the funds provided under this section shall be not greater than 50 percent of the cost of the programs and activities that are carried out under the grant. (2) Matching share (A) In general (i) Amount The amount of the matching share under this subsection for a program year may not be less than 50 percent of the costs of the programs and activities that are carried out under the grant. (ii) In cash or kind The matching share may be in cash or in kind (fairly evaluated). (iii) Sources Not more than 50 percent of the matching share required under this subsection may be provided from Federal resources, of which not less than 50 percent shall be provided from Federal resources from the partner programs identified in the application other than resources provided under the core programs. Non-Federal sources for the matching share may include State resources, local resources, contributions from private organizations, or a combination of such resources and contributions. (B) Financial hardship waiver The Secretary of Labor and the Secretary of Education may waive or reduce the matching share of an eligible entity that has submitted an application under this subsection if such entity demonstrates a need for such waiver or reduction due to extreme financial hardship as defined by the Secretary of Labor and the Secretary of Education. (C) Supplement not supplant The Federal and matching share required by this subsection shall be used to supplement and not supplant other Federal and State funds used to carry out activities described in this subsection. (e) Grant period Grants awarded under this subsection shall be awarded for periods of not more than 3 years in duration and may not be renewed. (f) Reporting The Secretary of Labor and the Secretary of Education are authorized to establish appropriate reporting requirements for grantees under this subsection. (g) Technical assistance and evaluation For each program year for which funds are available to carry out this section, the Secretary of Labor and the Secretary of Education may reserve a total of not more than 3 percent of the amount available to carry out this subsection to provide technical assistance to applicants and grantees under this subsection and to evaluate projects carried out under this subsection. The Secretaries shall ensure that the results of the evaluations are publicly available, including through electronic means. . 158. Evaluations Section 172 is amended— (1) in subsection (a)(2), by inserting accountability after performance ; (2) in subsection (c)— (A) by striking as least and inserting at least ; and (B) by striking 2005 and inserting 2016 ; (3) in subsection (e), by striking Labor and Human Resources and inserting Health, Education, Labor, and Pensions ; and (4) by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following new subsection: (f) Publication of reports If an entity that enters into a contract or other arrangement with the Secretary to conduct an evaluation of a program or activity under this section requests permission from the Secretary to publish a report resulting from the evaluation, such entity may publish the report unless the Secretary denies the request during the 90-day period beginning on the date the Secretary receives such request. . 159. National dislocated worker grants Section 173 is amended— (1) in the section heading, by striking emergency and inserting dislocated worker ; (2) by striking subsection (b) and redesignating subsection (a) as subsection (b), and inserting before such redesignated subsection the following new subsection: (a) Definitions In this section— (1) the term emergency or disaster means— (A) an emergency or a major disaster, as defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122 (1) and (2)); or (B) an emergency or disaster situation of national significance that could result in a potentially large loss of employment, as declared or otherwise recognized by the chief official of a Federal agency with authority for or jurisdiction over the Federal response to the emergency or disaster situation; and (2) the term disaster area means an area that has suffered or in which has occurred an emergency or disaster. ; (3) in subsection (b) (as so redesignated)— (A) by striking paragraph (4) and redesignating paragraphs (1) through (3) and (4) as subparagraphs (A) through (C), respectively, and moving such subparagraphs (as so redesignated) 2 ems to the right; (B) in the matter preceding subparagraph (A) (as so redesignated)— (i) by striking The Secretary and inserting: (1) Grants The Secretary ; and (ii) by striking emergency grants in a timely manner and inserting dislocated worker grants ; (C) in subparagraph (A) (as so redesignated), by striking subsection (c) and inserting subsection (c)(1)(B) ; (D) in subsection (B) (as so redesignated), by striking an area that has suffered and all that follows and insert a disaster area, to provide disaster relief employment in the disaster area ; (E) in subparagraph (C) (as so redesignated), by striking paragraphs (1) and (2) and inserting subparagraphs (A) and (B) ; and (F) by inserting after subparagraph (C) the following: (D) to provide additional assistance to a State board or local board serving an area where— (i) a higher-than-average demand for employment and training activities for dislocated members of the Armed Forces, spouses described in section 101(14)(E), or members of the Armed Forces described in subsection (c)(2)(A)(iv), exceeds State and local resources for providing such activities; and (ii) such activities are to be carried out in partnership with the Department of Defense and Department of Veterans Affairs transition assistance programs; and (E) from funds appropriated under section 174(c), to a State or entity described in subsection (c)(1)(B) to carry out— (i) subsection (e), including providing assistance to eligible individuals; and (ii) subsection (f), including providing assistance to eligible individuals. (2) Decisions and obligations The Secretary shall issue a final decision on a complete application for a national dislocated worker grant under this subsection not later than 45 calendar days after receipt of the application. ; (4) in subsection (c)— (A) in paragraph (1)(A), by striking subsection (a)(1) and inserting subsection (b)(1)(B) ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking emergency and inserting dislocated worker ; and (ii) in subparagraph (C), by striking emergency and inserting dislocated worker ; (5) in subsection (d)— (A) by striking subsection (a)(2) each place it appears and inserting subsection (b)(1)(B) ; (B) in paragraph (1)(A)— (i) by inserting , in coordination with the Administrator of the Federal Emergency Management Agency, as applicable, after shall be used ; and (ii) by striking structures and inserting public structures ; (C) in paragraph (2), by inserting emergency or after consequence of the ; (D) in paragraph (3)— (i) by striking No individual and inserting: (A) In general Except as provided in subparagraph (B), no individual ; (ii) by striking natural disaster and inserting emergency or disaster ; and (iii) by adding at the end the following new subparagraph: (B) Extension At the request of a State, the Secretary may extend such employment, related to recovery from a single emergency or disaster involving the State, for not more than an additional 6 months. ; and (E) by adding at the end the following new paragraphs: (4) Use of available funds Funds made available under subsection (b)(1)(B) shall be available to assist workers described in paragraph (2) who are affected by an emergency or disaster, including workers who have relocated from an area in which an emergency or disaster has been declared or otherwise recognized, as appropriate. Under conditions determined by the Secretary and following notification to the Secretary, a State may use such funds, that are appropriated for any fiscal year and available for expenditure under any grant awarded to the State under this section, to provide any assistance authorized under this subsection. Funds used pursuant to the authority provided under this paragraph shall be subject to the liability and reimbursement requirements described in paragraph (5). (5) Liability and reimbursement Nothing in this Act shall be construed to relieve liability, by a responsible party that is liable under Federal law, for any costs incurred by the United States under subsection (b)(1)(B) or this subsection, including the responsibility to provide reimbursement for such costs to the United States. ; (6) by striking subsection (e) and redesignating subsections (f) and (g) as subsections (e) and (f), respectively; (7) in subsection (e) (as so redesignated)— (A) by striking paragraph (4)(A) of subsection (a) each place it appears and inserting subsection (b)(1)(E)(i) ; (B) in paragraph (1)— (i) in subparagraph (A), by striking clauses (i) through (v) and inserting clauses (i) through (iv) ; (ii) in subparagraph (B)(iii), by striking enactment of this clause and inserting enactment of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 , 123 Stat. 115) ; and (iii) in subparagraph (C), by striking subsection (g) and inserting subsection (f) ; (C) in paragraph (2), by striking subsection (g) and inserting subsection (f) ; (D) in paragraph (3)(A)(i), by striking not later than and inserting notwithstanding subsection (b)(2), not later than ; and (E) in paragraph (7)(A)— (i) in clause (i), by striking section 4980B and inserting section 4980B(f)(4) ; and (ii) in clause (ii)(I), by striking clause (i), (ii), or (vi) of paragraph (2)(A)) and inserting subparagraph (A), (B), or (F) of section 35(e)(1) of such Code) ; and (8) in subsection (f), (as so redesignated)— (A) by striking paragraph (4)(A) of subsection (a) each place it appears and inserting subsection (b)(1)(E)(i) ; (B) in paragraph (1), by striking subsection (f)(1)(A) and inserting subsection (e)(1)(A) ; and (C) in paragraph (4)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking this subsection and inserting subsection (b)(1)(E)(ii) ; and (II) in clause (i), by striking not later than and inserting notwithstanding subsection (b)(2), not later than ; and (ii) in subparagraph (B), by striking 174(c)(1)(B) and inserting subsection (b)(1)(E)(ii) . 160. Youthbuild program Section 173A is amended— (1) in subsection (a)— (A) in paragraph (3), by striking ; and and inserting a semicolon; (B) in paragraph (4), by striking the period and inserting ; and ; and (C) by inserting after paragraph (4) the following new paragraph: (5) to improve the quality and energy efficiency of community and other nonprofit and public facilities, including those facilities that are used to serve homeless and low-income families. ; (2) in subsection (b)— (A) by striking paragraph (8) and redesignating paragraphs (9) through (13) as paragraphs (8) through (12), respectively; (B) in paragraph (11) (as so redesignated), by striking means housing provided and all that follows and inserting has the meaning given the term in section 401(29) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(29)). ; and (C) in paragraph (12) (as so redesignated), by striking or construction and inserting construction, or energy efficiency enhancement ; (3) in subsection (c)— (A) in paragraph (2)— (i) in subparagraph (A)(i), by striking or construction and inserting construction, or energy efficiency enhancement ; (ii) in subparagraph (A)(iv)— (I) in subclause (II), by striking individuals with limited English proficiency and inserting participants who are English language learners ; and (II) in subclause (III), by striking General Education Development (GED) credential, or other State-recognized equivalent (including recognized alternative standard and inserting or its recognized equivalent including recognized certificates of attendance or similar documents ; (iii) in subparagraph (A)(vii)— (I) by striking supportive services ; and (II) by inserting or training after postsecondary education ; (iv) in subparagraph (B), by striking or construction and inserting construction, or energy efficiency enhancement ; (v) in subparagraph (C)— (I) by striking or construction and inserting construction, or energy efficiency enhancement ; and (II) by striking 10 percent and inserting 15 percent ; and (vi) in subparagraph (D), by inserting , including recruitment and selection of participants, ; (B) in paragraph (3)(B)— (i) in clause (i), by inserting construction and after opportunities in ; (ii) in clauses (iii) and (vi), by striking or construction each place it appears and inserting construction, or energy efficiency enhancement ; (iii) in clause (x), by striking vocational education and inserting career and technical education and training ; (iv) in clause (xii)— (I) by striking results and inserting levels ; (II) by striking common and inserting primary ; and (III) by striking youth and lifelong learning, as identified by the Secretary and inserting eligible youth described in section 136(b)(2)(A)(ii) ; (v) in clause (xvi)— (I) in subclause (II), by inserting energy efficiency enhancement after construction ; and (II) in subclause (III), by striking vocational education and inserting career and technical education and training ; and (vi) in clause (xvii)(I), by inserting energy efficiency enhancement after construction ; and (C) in paragraph (4)— (i) in subparagraph (C)— (I) by inserting community and after which the housing and ; and (II) by striking or construction each place it appears and inserting construction, or energy efficiency enhancement ; and (ii) in subparagraph (J)— (I) in clause (ii), by inserting energy efficiency enhancement after construction ; and (II) in clause (iii), by striking vocational education and inserting career and technical education and training ; (4) in subsection (d), by striking or construction each place it appears and inserting construction, or energy efficiency enhancement ; (5) in subsection (e)(1)— (A) in subparagraph (A)(iii), by inserting , or an individual who was a school dropout and has subsequently re-enrolled before the period; and (B) in amending subparagraph (B)(i) to read as follows: (i) are basic skills deficient, despite attainment of a secondary school diploma or its recognized equivalent (including recognized certificates of attendance or similar documents for individuals with disabilities); or ; (6) in subsection (f)(2)— (A) in subparagraph (A), by inserting , or to support pilot and demonstration projects or program evaluations with recipients of grants under subsection (c) as directed by the Secretary, including pilot or demonstration projects that create new career tracks for Youthbuild participants in areas such as health care and manufacturing before the period; and (B) in subparagraph (B), by striking shall reserve and inserting shall reserve not less than 3 percent and not more than ; (7) in subsection (g), by striking postsecondary educational institutions and inserting institutions of higher education ; and (8) by amending subsection (h) to read as follows: (h) Authorization of appropriations There are authorized to be appropriated for each of fiscal years 2013 through 2017 such sums as may be necessary to carry out this section. . 161. Authorization of appropriations Subsections (a) and (b) of section 174 are amended to read as follows: (a) Native American programs; migrant and seasonal farmworker programs; veterans’ workforce investment programs (1) In general Subject to paragraph (2), there are authorized to be appropriated to carry out sections 166 through 168 such sums as may be necessary for each of the fiscal years 2013 through 2017. (2) Reservations Of the amount appropriated pursuant to the authorization of appropriations under paragraph (1) for a fiscal year, the Secretary shall— (A) reserve not less than $55,000,000 for carrying out section 166; (B) reserve not less than $70,000,000 for carrying out section 167; and (C) reserve not less than $7,300,000 for carrying out section 168. (b) Technical assistance; innovation grants There are authorized to be appropriated to carry out sections 169 through 171 such sums as may be necessary for each of the fiscal years 2013 through 2017. . 162. Transition grants to States Subtitle D is further amended by adding at the end the following: 175. Transition Grants to States (a) In general For the program year described in section 171A, from the funds allocated for awards described in section 171A and section 171B, the Secretary of Labor and the Secretary of Education shall award, on a competitive basis, transition grants to States. The Secretaries, to the extent practicable and consistent with the purposes of the transition grants under this section, shall award transition grants in a manner that maximizes the number of States benefitting from such grants. (b) Application To be eligible to receive a grant under this section, the Governor of a State, in coordination with the State board and in consultation with the local boards, shall submit an application to the Secretary of Labor and the Secretary of Education, at such time, in a such manner, and containing such information, consistent with this subsection, as the Secretaries may require, including— (1) a description of how the grant funds will be used to carry out the transition activities described in subsection (d); (2) a description of the process by which the State will award funds to local areas in accordance with subsection (d)(2); and (3) assurances that all the entities carrying out core programs in the State will participate in the activities. (c) Grant period Grants awarded under this subsection shall be awarded for periods of not more than 2 years in duration and may not be renewed. (d) Use of funds A State that receives a grant under this section— (1) may reserve not more than 40 percent of the grant funds for transition activities to assist in the development of the State plan under section 112 or 113; and (2) shall use not less than 60 percent of the grant funds to award subgrants to local areas for transition activities to assist in the development local and regional plans under section 116(c) and 118, with a priority in making such awards to local areas most in need of resources to make the transition to meeting the requirements of the Workforce Investment Act of 2012. (e) Limitations No State may— (1) receive more than 1 grant under this section; and (2) receive a grant under this section concurrently with a grant under section 171A or 171B for the first program year that commences after the date of enactment of the Workforce Investment Act of 2011. . 163. Interagency agreement Subtitle D is further amended by adding after section 175 (as added by section 112) the following: 176. Interagency agreement (a) In general The Secretary of Education and the Secretary of Labor shall jointly develop policies for the administration of this subtitle in accordance with such terms as the Secretaries shall set forth in an interagency agreement. Such interagency agreement, at a minimum, shall include a description of the respective roles and responsibilities of the Secretaries in carrying out this subtitle (both jointly and separately), including— (1) how the funds available under this subtitle will be obligated and disbursed and compliance with applicable laws (including regulations) will be ensured, as well as how the grantees will be selected and monitored, and a peer review process for selection of grantees that includes program practitioners and national experts will be carried out; (2) how evaluations and research will be conducted on the effectiveness of grants awarded under this subtitle in addressing the education and employment needs of job seekers and workers, youth, and employers; (3) how technical assistance will be provided to applicants and grant recipients; (4) how information will be disseminated, including through electronic means, on best practices and effective strategies and service delivery models for activities carried out under this subtitle; and (5) how policies and processes critical to the successful achievement of the education, training, and employment goals of this subtitle will be established. (b) Transfer authority The Secretary of Labor and the Secretary of Education shall have the authority to transfer funds between the Department of Labor and the Department of Education to carry out this subtitle in accordance with the agreement described in subsection (a). (c) Reports The Secretary of Labor and the Secretary of Education shall jointly develop and submit a biennial report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Workforce of the House of Representatives, describing— (1) actions the Departments have taken to— (A) assess the effectiveness of the projects carried out under this subtitle; and (B) facilitate the coordination of the programs carried out through the grants awarded with other education, employment and training programs; (2) barriers that impede effectiveness of projects carried out under this subtitle; (3) the best practices and effective strategies and service delivery models that the Departments have identified pursuant to this subtitle and actions the Departments have taken to promptly disseminate information, including through electronic means, on such best practices, service delivery models, and effective strategies; and (4) the actions the Departments have taken to leverage resources provided under Federal law other than this subtitle and non-Federal resources, to improve the workforce investment system nationwide, including in States, regions, and local areas that have not received funds under this subtitle. . E Administration 171. Requirements and restrictions Section 181 is amended— (1) in subsection (a), by amending subparagraph (B) of paragraph (1) to read as follows: (B) Rule of construction The reference in subparagraph (A) to section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) shall not be applicable for individuals in territorial jurisdictions in which section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) does not apply. ; (2) in subsection (b)(1) by striking investment and inserting development ; (3) in subsection (c)(1), by inserting or allocation after an allotment ; (4) in subsection (d)(2)— (A) by striking employment and training activity and inserting employment or training activity ; (B) by inserting incumbent worker training, transitional employment, after on-the-job training, ; and (C) in paragraph (3), by inserting (or that has provided funding to an entity that has violated such paragraph) after violated such paragraph ; (5) in subsection (e)— (A) by inserting to carry out an activity after No funds available ; (B) by striking and similar activities and inserting or similar activities ; and (C) by striking title. No funds available under subtitle B and inserting or under subtitle C. No funds received to carry out an activity under subtitle B or C ; and (6) in subsection (f), by inserting or subtitle C after subtitle B both places it appears. 172. Fiscal controls or sanctions Section 184 is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by striking the appropriate circulars and inserting appropriate circulars or rules ; and (ii) in subparagraph (B)(ii), by striking administration of youth activities and inserting: (iii) administration of youth workforce investment activities. ; and (B) in paragraphs (5)(A), (6)(C), and (7) (A) and (B), by inserting with the requirements afer compliance each place it appears; (2) in subsection (b)(1)(B)(v), by inserting with the provision after compliance ; (3) in subsection (c)— (A) in paragraph (2)— (i) by striking made available and inserting received ; (ii) by striking offset repayment and inserting require payment by offsetting the amount ; and (iii) by inserting under this title after may be entitled ; and (B) in paragraph (4), by inserting (subsequent to the program year for which the determination was made) after allocations ; and (4) in subsection (d)(1), by striking paragraphs (2) and (3) of . 173. Reports, recordkeeping, investigations Section 185(c) is amended— (1) in paragraph (2), by striking ; and and inserting a semicolon; (2) in paragraph (3), by striking the period and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) shall, to the extent practicable, submit or make available (including through electronic means) any reports, records, plans, or any other data that are required to be submitted or made available, respectively, under this title. . 174. Administrative provisions Section 189 is amended— (1) in subsection (a), by striking section 204 of the Intergovernmental Cooperation Act of 1968 and inserting section 6504 of title 31, United States Code ; (2) in subsection (g), by amending paragraph (2) to read as follows: (2) Availability (A) In general Funds obligated for any program year for a program or activity funded under subtitle B may be expended by each State receiving such funds during that program year and the 2 succeeding program years. Funds received by local areas from States under subtitle B during a program year may be expended during that program year and the succeeding program year. (B) Certain national activities (i) In general Funds obligated for any program year for any program or activity carried out under section 170 or 171 shall remain available until expended. (ii) Incremental funding basis A contract or arrangement entered into under the authority of section 170(c) (relating to research projects, studies and reports, and multistate projects) or section 171 (relating to evaluations), including a long-term, nonseverable services contract, may be funded on an incremental basis with annual appropriations or other available funds. (C) Special rule No amount of the funds obligated for a program year for a program or activity funded under this title shall be deobligated on account of a rate of expenditure that is consistent with a State plan, an operating plan described in section 151, or a plan, grant agreement, contract, application, or other agreement described in subtitle D, as appropriate. ; and (3) in subsection (i)— (A) in paragraph (3), by inserting accountability after performance ; and (B) in paragraph (4)— (i) in subparagraph (A)(i)— (I) by inserting the funding of infrastructure costs for one-stop centers, after functions of local areas and local boards ; and (II) by inserting , and other requirements relating to the basic purposes of this title before the period; (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking investment and inserting development ; and (II) in clause (v), by striking an opportunity to comment on such request has been provided to the local board and inserting , in the case of a waiver for a local area, an opportunity to comment on such request has been provided to the local board for the local area for which the waiver is requested ; (iii) in subparagraph (C), by inserting for which the waiver was requested after ensure that the local area ; and (iv) by adding at the end the following new subparagraph: (D) Expedited determination regarding provision of waivers If the Secretary has approved a waiver of statutory or regulatory requirements for a State or local area pursuant to this subsection, the Secretary shall expedite the determination regarding the provision of that waiver, for another State or local area. . 175. Repeals The Act is further amended by striking section 190, and redesignating sections 191 through 195 as sections 190 through 194, respectively. 176. General program requirements Section 194 (as redesignated by section 185) is amended by adding at the end the following new paragraphs: (14) Funds provided under this title shall not be used to establish or operate a stand-alone fee-for-service enterprise in a situation in which a private sector employment agency (as defined in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e)) is providing full access to similar or related services in such a manner as to fully meet the identified need. For purposes of this paragraph, such an enterprise does not include a one-stop delivery system described in section 121(e). (15) (A) None of the funds available under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of the annual rate of basic pay prescribed for level II of the Executive Schedule under section 5313 of title 5, United States Code. (B) The limitation described in subparagraph (A) shall not apply to vendors providing goods and services as defined in Office of Management and Budget Circular A–133. (C) In a case in which a State is a recipient of such funds, the State may establish a lower limit than is provided in subparagraph (A) for salaries and bonuses of those receiving salaries and bonuses from a subrecipient of such funds, taking into account factors including the relative cost of living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the Federal programs involved. . 177. Office of Disability Employment Policy Subtitle E is further amended by adding at the end the following: 195. Office of Disability Employment Policy (a) Purpose The purpose of this section is to establish an Office of Disability Employment Policy— (1) to help develop and support national policies and practices that will increase employment and economic advancement opportunities for all individuals with disabilities; and (2) to ensure that such individuals are fully integrated into the 21st century workforce. (b) Office There is established within the Department of Labor an Office of Disability Employment Policy (referred to in this section as the Office ). Except as otherwise specifically provided in this Act, such Office shall be the principal entity carrying out the functions described in this section. (c) Assistant secretary (1) In general The Office shall be headed by an Assistant Secretary of Disability Employment Policy (referred to in this title as the Assistant Secretary ) appointed by the President by and with the advice and consent of the Senate. Except as otherwise specifically provided in this Act, the Assistant Secretary shall be the principal officer carrying out the functions described in this section. (2) Experience The Assistant Secretary shall be an individual with substantial experience in, and a thorough knowledge of, disability employment policy, training and educational opportunities for individuals with disabilities (including youth with disabilities), public benefit programs for individuals with disabilities, job development, and the barriers that may limit employment and economic advancement opportunities of individuals with disabilities. (3) Goals and direction In carrying out the functions of the Office, the Assistant Secretary shall be guided by the goals of achieving equal opportunity, full participation, economic self-sufficiency, and independent living for all individuals with disabilities, to the greatest extent possible. In the performance of the functions of the Office, the Assistant Secretary shall be directly responsible to the Secretary of Labor. (d) Functions The Assistant Secretary shall provide national leadership, and encourage interagency collaboration, on increasing employment and training opportunities for individuals with disabilities through the development of policies and initiatives (taking into account relevant information from other Federal agencies and including the awarding of grants as appropriate) that— (1) eliminate barriers to the employment and training of individuals with disabilities; (2) advance opportunities for employment, and identify strategies that increase employment opportunities in the private sector, for individuals with disabilities, including recruitment, retention, and promotion of such individuals; (3) identify and remove disincentives that limit or prevent the full employment of individuals with disabilities who are receiving benefits through Federal or State programs such as medical assistance under a State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), disability insurance benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), or supplemental security income benefits under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (4) advise and assist the Department of Labor and other Federal agencies in the development of policies and practices that increase employment opportunities in the Federal Government for individuals with disabilities, including outreach to and recruitment, retention, and promotion of such individuals; (5) assist youth with disabilities, including such youth who are out-of-school youth, in successfully transitioning into the workforce; (6) increase access for individuals with disabilities seeking employment, education, and training services from a one-stop delivery system described in section 221(e) of the Workforce Investment Act of 2012, and other public and private providers of such services and supports; (7) increase coordination of activities between State vocational rehabilitation programs and the workforce development systems (as defined in section 101 of such Act), including the one-stop centers (as defined in such section 101), including assisting individuals with disabilities in maximizing the services available through such programs, systems, and centers; (8) leverage available public and system resources to address individual and systematic employment barriers for individuals with disabilities, and assist such individuals in navigating the process of coordinating their public benefits, including health care; (9) increase employment opportunities for individuals with significant disabilities in competitive integrated employment; and (10) meet other objectives, as specified by the Secretary of Labor, that will increase employment and training opportunities for individuals with disabilities. (e) Report For each fiscal year, beginning with the first full fiscal year following the date of enactment of the Workforce Investment Act of 2013, the Secretary of Labor shall prepare a report and submit the report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, not later than 90 days after the end of that fiscal year. The report shall summarize the Office’s progress in— (1) meeting the general objectives specified in paragraphs (1) and (2) of subsection (a); (2) meeting each of the 4 goals specified in subsection (c)(3); and (3) developing the specific policies and initiatives specified in subsection (d). (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2013 through 2017. . 178. Independent evaluation of the efficiency and effectiveness of the Federal Workforce Investment System (a) Definitions In this section— (1) the term Federal job training program means any federally funded employment and training program; and (2) the term individual with barriers to employment has the meaning given such term in section 101(23) of the Workforce Investment Act of 2013. (b) Evaluation by the Government Accountability Office (1) Evaluation The Comptroller General shall conduct an evaluation of the operations of federally funded job training programs in order to evaluate their efficiency and effectiveness in providing job training services to eligible participants, particularly individuals with barriers to employment. The evaluation shall consider— (A) the findings of the January 2011 report of the Government Accountability Office entitled Multiple Employment and Training Programs: Providing Information, Co-locating Services and Consolidating Administrative Structures could Promote Efficiencies (GAO–11–92); (B) whether programs need to be enhanced in order to more effectively provide needed services; (C) whether programs are effectively aligned to provide needed services to different eligible populations; and (D) whether any programs provide duplicative services to their participants and, if so, why. (2) Consultation and recommendations The Comptroller General shall consult with the States, local workforce investment boards, businesses, labor organizations, workforce advocates and community organizations, and relevant education-related organizations in preparing its evaluation and may make any recommendations to improve the efficiency and effectiveness of training programs and attain needed levels of services and accessibility of services. (3) Submission of Plan Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit the evaluation and any plan for improvement to the appropriate committees of Congress. F Community College to Career Fund 181. Community College to Career Fund Title I is further amended by adding at the end the following: F Community College to Career Fund 199. Community College and Industry Partnerships Program (a) Grants authorized From funds appropriated under section 199D(1), the Secretary of Labor and the Secretary of Education, in accordance with the interagency agreement described in section 199E, shall award competitive grants to eligible entities described in subsection (b) for the purpose of developing, offering, improving or providing educational or career training programs for workers. (b) Eligible entity (1) In general Entities eligible for a grant under this section are any of the following (or a consortium of any of the following) in partnership with employers or an association of employers— (A) a junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1085(f))); (B) a four-year public institution of higher education (as defined in section 101 of the Higher Education Act of 1965) that offers two-year degrees, will use funds provided under this section for activities at the certificate and associate degree levels, and is not reasonably close, as determined by the Secretaries, to a community college; (C) a tribal college or university (as defined in section 316(b) of the Higher Education Act); or (D) at the discretion of the Secretaries, a private, not-for-profit, two-year institution of higher education in Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. (2) Additional Partnerships In addition to partnering with employers or an association of employers, the eligible entities described in paragraph (1) may partner with any of the organizations described in subparagraphs (A) through (D). Any such partnership shall collaborate with, and may include, the State or local workforce investment board. (A) An adult education provider or institution of higher education (as defined in section 101 of the Higher Education Act of 1965). (B) A community-based organization. (C) A joint-labor management partnership. (D) Any other organization that the Secretaries considers appropriate. (c) Application An eligible entity seeking a grant under this section shall submit a grant proposal to the Secretaries at such time and containing such information as the Secretaries determine is required, including a detailed description of— (1) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, improve, or provide an educational or career training program; (2) the extent to which the project will meet the educational or career training needs of workers in the area served by the eligible entity; (3) the extent to which the project will meet the needs of employers in the region for skilled workers in in-demand industry sectors and occupations; (4) the extent to which the project submitted fits within any overall strategic plan developed by an eligible entity; and (5) any previous experience of the eligible entity in providing educational or career training programs, the absence of which shall not automatically disqualify an eligible institution from receiving a grant under this section. (d) Criteria for award (1) In general Grants under this section shall be awarded based on criteria established by the Secretaries, that include the following: (A) A determination of the merits of the grant proposal submitted by the eligible entity to develop, offer, improve, or provide educational or career training programs to be made available to workers. (B) An assessment of the likely employment opportunities available in the region to individuals who complete an educational or career training program that the eligible entity proposes to develop, offer, improve, or provide. (C) An assessment of prior demand for training programs by individuals eligible for training served by the eligible entity as well as availability and capacity of existing training programs to meet future demand for training programs. (2) Priority The Secretaries shall give priority to eligible entities that— (A) include a partnership with a business or industry or sector partnership that— (i) pays a portion of the costs of such programs; or (ii) agrees to hire individuals who have completed a particular postsecondary degree, certificate, or credential resulting from the training program of the eligible entity; (B) enter into a partnership with a labor organization or labor-management training program that provides technical expertise for occupationally specific education necessary for a recognized postsecondary credential leading to a skill occupation in an in-demand industry sector; (C) are focused on serving individuals with barriers to employment, low-income, non-traditional students as defined in section 803(j) of the Higher Education Act (20 U.S.C. 11561(c)(j)), students who are dislocated workers, students who are veterans, or students who are long-term unemployed; (D) are community colleges serving areas with high unemployment rates, including rural areas; and (E) are eligible entities that include an institution of higher education eligible for assistance under title III or V of the Higher Education Act of 1965. (e) Use of funds Grants awarded under this section shall be used for one or more of the following: (1) The development, offering, improvement, or provision of academic programs or training programs, that provide relevant job training for skilled occupations that will meet the needs of employers in in-demand industries sectors, and which may include registered apprenticeship programs, on-the-job training programs, and programs that support employers in upgrading the skills of their workforce. (2) The development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary credential or degree in in-demand industry sectors and occupations, including by— (A) facilitating the transfer of academic credits between institutions of higher education, including the transfer of academic credits for courses in the same field of study; (B) expanding articulation agreements and policies that guarantee transfer between such institutions, including through common course numbering and general core curriculum; and (C) developing or enhancing student support services programs. (3) The creation of workforce programs that provide a sequence of education and occupational training that leads to a recognized postsecondary credential or degree, including programs that— (A) blend basic skills and occupational training; (B) facilitate means of transitioning from non-credit occupational, basic skills, or developmental coursework to for-credit coursework within and across institutions; (C) build or enhance linkages including the development of dual enrollment programs and early college high schools between secondary education or adult education programs (including programs established under the Carl D. Perkins Career and Technical Education Act of 2006 and title II of this Act); (D) implement other innovative programs designed to increase the provision of training for students, including students who are veteran members of the National Guard or Reserves, to enter skilled occupations in in-demand industry sectors; and (E) support paid internships that will allow students to simultaneously earn credit for work-based learning and gain relevant employment experience in an in-demand industry sector or occupation, which shall include opportunities that transition individuals into employment. (4) The support of regional or national in-demand industry sectors to develop skills consortia that will identify pressing workforce needs and develop solutions such as— (A) standardizing industry certifications; (B) developing new training technologies; and (C) collaborating with industry employers to define and describe how specific skills lead to particular jobs and career opportunities. 199A. Pay-for-Performance and Pay-for-Success Job Training projects (a) Award grants authorized From funds appropriated under section 199D(2), the Secretary of Labor and the Secretary of Education, in accordance with the interagency agreement described in section 199E, shall award grants on a competitive basis to eligible entities described in subsection (b) who meet specific performance outcomes and criteria established by the Secretaries under subsection (c). Projects funded by grants under this section shall be referred to as either Pay-for-Performance or Pay-for-Success projects, as set forth in subsection (b). (b) Eligible entity To be eligible to receive a grant under this section an entity shall be a State or local organization (which may be a local workforce organization) in partnership with entities such as community colleges and other training providers who— (1) in the case of Pay-for-Performance projects, agree to be reimbursed primarily on the basis of achievement of specified performance outcomes and criteria agreed upon by the Secretaries under subsection (c); or (2) in the case of Pay-for-Success projects, include partnerships with investors, such as philanthropic organizations that provide funding for a specific project or projects to address a clear and measurable job training need in the community or region and agree to be reimbursed under the grant only if the project or projects meet specified performance outcomes and criteria agreed to by the Secretaries under subsection (c). (c) Performance outcomes and criteria Not later than 6 months after the date of the enactment of this subtitle, the Secretary of Labor and the Secretary of Education shall establish and publish specific performance measures for the initial qualification of eligible entities to receive a grant under this section. At a minimum, to receive an award an eligible entity shall— (1) identify a particular program area and client population that is not achieving optimal outcomes; (2) provide evidence that the proposed strategy would achieve better results; (3) clearly articulate and quantify the improved outcomes of such new approach; (4) for Pay-for-Success projects, specify a monetary value that would need to paid to obtain such results and explain the basis for such value; (5) identify data that would be required to evaluate whether outcomes are being achieved for a target population and a comparison group; (6) identify estimated savings that would result from the improved outcomes, including to other programs or units of government; (7) demonstrate the capacity to collect required data, track outcomes, and validate those outcomes; and (8) any other criteria the Secretaries may require. (d) Period of availability for pay-for-Success projects Funds appropriated to carry out Pay-for-Success projects pursuant to section 199D(2) shall, upon obligation, remain available for disbursement until expended, notwithstanding section 1552 of title 31, United States Code, and, if later deobligated, in whole or in part, be available until expended for additional Pay-for-Success grants under this section. 199B. Bring Jobs Back to America grants (a) Grants authorized From funds appropriated under section 199D(3), the Secretary of Labor and the Secretary of Education, in accordance with the interagency agreement described in section 199E, shall award grants to State or local governments for job training and recruiting activities that can quickly provided businesses with skilled workers in order to encourage businesses to remain in or relocate to areas served by such governments. The Secretaries shall coordinate with the Secretary of Commerce in carrying out this section. (b) Purpose and use of funds Grants awarded under this section may be used by a State or local government to issue subgrants to eligible entities as designated by the Secretaries, including those described in section 199(b), to assist such eligible entities in providing training necessary to provide skilled workers for businesses that have relocated or are considering relocating operations outside the United States, and may instead relocate to the areas served by such governments. (c) Application A State or local government seeking a grant under the program established under subsection (a) shall submit an application to the Secretaries in such manner and containing such information as the Secretaries may require. At a minimum, each application shall include— (1) a description of the eligible entity or entities the State or local government proposes to assist in providing job training or recruiting activities; (2) a description of the proposed or existing business facility, including the number of jobs relating to such facility and the average wage or salary of those jobs; and (3) a description of any other resources that the State has committed to assisting such business in locating such facility, including tax incentives provided, bonding authority exercised, and land granted. (d) Criteria The Secretaries shall award grants to State and local governments that— (1) the Secretaries determine are most likely to succeed with a grant under the program in assisting an eligible entity in providing the training necessary to cause a business or businesses to remain in or relocate to areas served by such governments; (2) will fund training programs that will result in the greatest number and quality of jobs; (3) have committed State or other resources, to the extent of their ability as determined by the Secretaries, to assist a business or businesses to remain in or relocate to areas served by such governments; and (4) have met such other criteria as the Secretaries consider appropriate, including criteria relating to marketing plans, benefits to ongoing regional or State strategies for economic development and job growth. 199C. Grants for Entrepreneur and Small Business startup training (a) Grants authorized From funds appropriated under section 199D(4), the Secretary of Labor and the Secretary of Education, in accordance with the interagency agreement described in section 199E, shall award competitive grants to eligible entities described in subsection (b) to provide training in starting a small business and entrepreneurship. The Secretaries shall coordinate with the Administrator of the Small Business Administration in carrying out this section including in the development of criteria and selection of proposals. (b) Eligible entity (1) In general Entities eligible for a grant under this section are any of the following (or a consortium of any of the following) in partnership with at least one local or regional economic development entity described in paragraph (2)— (A) a junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1085(f))); (B) a four-year public institution of higher education (as defined in section 101 of the Higher Education Act of 1965) that offers two-year degrees, will use funds provided under this section for activities at the certificate and associate degree levels, and is not reasonably close, as determined by the Secretaries, to a community college; (C) a tribal college or university (as defined in section 316(b) of the Higher Education Act); or (D) at the discretion of the Secretaries, a private, not-for-profit, two-year institution of higher education in Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. (2) Additional Partnerships Local or regional economic development entities described in this paragraph are the following: (A) Small business development centers. (B) Women’s business centers. (C) Regional innovation clusters. (D) Local accelerators or incubators. (E) State or local economic development agencies. (c) Application An eligible entity seeking a grant under this section shall submit a grant proposal in such manner and containing such information as the Secretaries and the Small Business Administrator shall require. Such information shall include the manner in which entrepreneurship training and education will be provided, the role of partners in such an arrangement, and the manner in which the proposal will integrate and partner with local economic development resources. (d) Use of funds Grants awarded under this section shall be used to provide training in entrepreneurship and starting a small business, including through online courses, intensive seminars, and comprehensive courses. 199D. Authorization of Appropriations (a) In general There is authorized to be appropriated $8,000,000,000 to carry out this subtitle, of which $4,000,000,000 is authorized to be appropriated to the Secretary of Labor and $4,000,000,000 is authorized to be appropriated to the Secretary of Education. Such amounts shall be used to carry out the programs authorized by this subtitle as follows: (1) $7,000,000,000 is authorized for the program established by section 199; (2) $500,000,000 is authorized for the program established by section 199A; (3) $250,000,000 is authorized for the program established by section 199B; (4) $250,000,000 is authorized for the program established by section 199C; and (5) Not more than 5 percent of the amounts authorized under paragraphs (1) through (4) may be used by the Secretaries to administer each respective program, including providing technical assistance and carrying out evaluations. (b) Period of availability Except as provided in section 199A(d), the funds appropriated pursuant to subsection (a) shall be available for Federal obligation for the fiscal year for which the funds are appropriated and the succeeding 2 fiscal years. 199E. Interagency agreement (a) In general The Secretary of Labor and the Secretary of Education shall jointly develop policies for the administration of this subtitle in accordance with such terms as the Secretaries shall set forth in an interagency agreement. Such interagency agreement, at a minimum, shall include a description of the respective roles and responsibilities of the Secretaries in carrying out this subtitle (both jointly and separately), including— (1) how the funds available under this subtitle will be obligated and disbursed and compliance with applicable laws (including regulations) will be ensured, as well as how the grantees will be selected and monitored; (2) how evaluations and research will be conducted on the effectiveness of grants awarded under this subtitle in addressing the education and employment needs of workers, and employers; (3) how technical assistance will be provided to applicants and grant recipients; (4) how information will be disseminated, including through electronic means, on best practices and effective strategies and service delivery models for activities carried out under this subtitle; and (5) how policies and processes critical to the successful achievement of the education, training, and employment goals of this subtitle will be established. (b) Transfer authority The Secretary of Labor and the Secretary of Education shall have the authority to transfer funds between the Department of Labor and the Department of Education to carry out this subtitle in accordance with the agreement described in subsection (a). The Secretary of Labor and the Secretary of Education shall have the ability to transfer funds to the Secretary of Commerce and the Administrator of the Small Business Administration to carry out sections 199B and 199C, respectively. (c) Reports The Secretary of Labor and the Secretary of Education shall jointly develop and submit a biennial report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, describing the activities carried out under this subtitle and the outcomes of such activities. . II Adult Education and Literacy 201. Purposes, definitions, and miscellaneous provisions (a) Purpose Section 202 is amended to read as follows: 202. Purpose It is the purpose of this title to create a partnership among the Federal Government, States, and localities to provide, on a voluntary basis, adult education and literacy activities, in order to— (1) assist adults to become literate and obtain the knowledge and skills necessary for employment and economic self-sufficiency; (2) assist adults who are parents to obtain the education and skills that— (A) are necessary to becoming full partners in the educational development of their children; and (B) lead to sustainable improvements in the economic opportunities for their family; (3) assist adults in attaining a secondary school diploma or its equivalent and in the transition to and success in postsecondary education and training, including through career pathways; (4) assist immigrants and other individuals who are English language learners in improving their reading, writing, speaking, and comprehension skills in English; (5) assist immigrants in acquiring an understanding of the American system of government and the responsibilities of citizenship; (6) assist States in expanding a 21st century delivery system for adult education, literacy, and workplace skills services that meet the needs of adults at all skill levels; (7) assist adults in developing technology literacy; and (8) enable more adults to complete adult education and enter and succeed in postsecondary education and employment. . (b) Definitions Section 203 is amended— (1) by amending paragraph (1) to read as follows: (1) Adult education The term adult education means academic instruction and services below the postsecondary level that increase an individual’s ability to— (A) read, write, and speak in English and perform mathematics or other activities necessary for the attainment of a secondary school diploma or its recognized equivalent; (B) transition to and success in postsecondary education and training; or (C) obtain employment. ; (2) in paragraph (2), by striking activities described in section 231(b) and inserting programs, activities, and services that include adult education, literacy, workplace adult education and literacy activities, family literacy activities, English language acquisition activities, workforce preparation activities, or integrated education and training ; (3) by striking paragraphs (3), (8), (9), (10), (13), (14), and (17) and redesignating paragraphs (4), (7), (11), (12), (15), (16), and (18) as paragraphs (3), (9), (10), (11), (13), (14), and (15), respectively; (4) in paragraph (3) (as so redesignated), by inserting activities after literacy ; (5) by inserting after paragraph (3) (as so redesignated) the following: (4) Eligible individual The term eligible individual means an individual— (A) who has attained 16 years of age; (B) who is not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) is unable to compute or solve problems, or read, write, or speak English at a level necessary to function on the job, in the individuals’ family, or in society; (ii) does not have a secondary school diploma or its recognized equivalent, and has not achieved an equivalent level of education; or (iii) is an English language learner. ; (6) in paragraph (5)— (A) by striking means— and inserting means an organization that has demonstrated effectiveness in providing adult education and literacy activities that may include— ; (B) in subparagraphs (B) and (C), by striking of demonstrated effectiveness both places it appears; (C) in subparagraph (H), by striking literacy services and all that follows and inserting adult education and literacy activities to eligible individuals; ; (D) in subparagraph (I), by striking the period at the end and inserting ; and ; and (E) by adding at the end the following: (J) a partnership between an employer and an entity described in any of subparagraphs (A) through (I). ; (7) by amending paragraph (6) to read as follows: (6) English language acquisition program The term English language acquisition program means a program of instruction— (A) designed to help eligible individuals who are English language learners achieve competence in reading, writing, speaking, and comprehension of the English language; (B) that may lead to— (i) attainment of a secondary school diploma or its recognized equivalent; (ii) transition to success in postsecondary education and training; and (iii) employment or career advancement; and (C) that such programs may be sequential, integrated, or concurrent in nature. ; (8) by inserting after paragraph (6) the following: (7) English language learner The term English language learner when used with respect to an eligible individual, means an eligible individual who has limited ability in reading, writing, speaking, or comprehending the English language, and— (A) whose native language is a language other than English; or (B) who lives in a family or community environment where a language other than English is the dominant language. (8) High quality literacy instruction The term high quality literacy instruction means developmentally appropriate, explicit, and systematic instruction that provides students with— (A) early development and grade-level mastery of oral language skills, both listening and speaking, phonological awareness, using a wide vocabulary, conventional forms of grammar, and academic language; (B) the ability to read regularly spelled words and high-frequency irregularly spelled words and to decode regularly spelled unfamiliar words accurately, using phonemic awareness, print awareness, alphabet knowledge, and knowledge of English spelling patterns; (C) the ability to read texts accurately, fluently, and with comprehension, relying on knowledge of the vocabulary in those texts and of the background information that the students possess; (D) the ability to read with a purpose and the capacity to differentiate purposes and to select and apply comprehension strategies appropriate to achieving the purpose; (E) an understanding of, and ability to adapt to, the varying demands of different genres, formats, and types of texts across the core content areas in order to comprehend texts of appropriate levels of complexity and content, including texts necessary for mastery of grade-level standards; (F) the ability to effectively access, critically evaluate, and appropriately synthesize information from a variety of sources and formats; (G) the development and maintenance of a motivation to read and write, as reflected in habits of reading and writing regularly and or discussing one’s reading and writing with others; and (H) the ability to write clearly, accurately, and quickly so as to communicate ideas and deepen comprehension, in ways that fit purpose, audience, occasion, discipline, and format; adhere to conventions of spelling and punctuation; and benefit from revision so as to improve clarity, coherence, logical development, and the precise use of language. ; (9) in paragraph (9)— (A) in the paragraph heading, by striking Services and inserting Activities ; (B) in the matter preceding subparagraph (A)— (i) by striking services both places it appears and inserting activities ; and (ii) by striking changes in a family and inserting improvements in the economic prospects for a family and that better enable parents to support their children’s learning needs ; (C) by striking subparagraph (C) and redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (D) by inserting before subparagraph (B) (as so redesignated) the following: (A) Parent adult education and literacy activities that lead to readiness for the attainment of a secondary school diploma or its recognized equivalent postsecondary education or training, employment, career advancement, and economic self-sufficiency. ; (10) by inserting after paragraph (10) (as so redesignated) the following: (11) Integrated education and training The term integrated education and training means services that provide adult education and literacy activities contextually and concurrently with workforce preparation activities and workforce training for a specific occupation or occupational cluster. Such services may include offering adult education services concurrent with credit-bearing postsecondary education and training, including through co-instruction. (12) Integrated English literacy and civics education The term integrated English literacy and civics education means an integrated program of educational services for immigrant and other limited English proficient adults, including immigrant professionals with degrees and credentials in their native countries, that enables them to achieve competency in the English language and acquire the basic and more advanced skills needed to function effectively as parents, workers, and citizens. Such programs shall include instruction in literacy and English language acquisition and instruction on the rights and responsibilities of citizenship and civic participation, and may include workforce training. ; (11) by amending paragraph (15) (as so redesignated) to read as follows: (15) Workplace adult education and literacy activities The term workplace adult education and literacy activities means adult education and literacy activities offered by an eligible provider in collaboration with an employer or employee organization at a workplace or an off-site location that is designed to improve the productivity of the workforce. ; and (12) by adding at the end the following: (16) Workforce preparation activities The term workforce preparation activities means activities, programs, or services designed to help an individual acquire a combination of basic academic skills, critical thinking skills, and self-management skills, including competencies in utilizing resources, using information, working with others, understanding systems, working with technology, and skills necessary for successful transition into and completion of postsecondary education or training, or employment. . (c) Home schools Section 204 is amended— (1) by inserting whether a home school is treated as a home school or a private school under State law, after home schools, ; and (2) by striking an English literacy program and all that follows and inserting adult education and literacy activities. . (d) Rule of construction Title II is further amended by redesignating section 205 as section 206 and inserting after section 204 the following: 205. Rule of construction regarding postsecondary transition and concurrent enrollment activities Nothing in this title shall be construed to prohibit or discourage the use of funds provided under this title for adult education and literacy activities that help eligible individuals transition to and succeed in postsecondary education, including credit-bearing coursework, and training or employment, or for concurrent enrollment activities. . (e) Authorization of Appropriations Section 206 (as so redesignated) is amended— (1) by inserting $1,100,000,000 for fiscal year 2013 and after to carry out this title ; and (2) by striking of the fiscal years 1999 through 2003 and inserting succeeding fiscal year . (f) Technical amendment Title II is further amended— (1) by striking subtitle B; (2) by striking the subtitle A designation; and (3) by redesignating chapters 1 through 4 as subtitles A through D, respectively. 202. Amendments to subtitle A (a) Reservation of funds, eligible agencies, allotments Section 211 is amended— (1) by amending subsection (a) to read as follows: (a) Reservation of funds From the sum appropriated under section 206 for a fiscal year, the Secretary— (1) shall reserve $250,000,000 to carry out section 242(c)(1)(E); (2) shall reserve 1.5 percent to carry out the remainder of section 242, except that the amount so reserved shall not exceed $15,000,000; (3) shall reserve 1.5 percent to carry out section 243, except that the amount so reserved shall not exceed $12,000,000; and (4) shall reserve 12 percent of the amount that remains after reserving funds under paragraphs (1) and (2) to carry out section 244. ; (2) in subsection (b)— (A) by striking section 205 and inserting section 206 ; and (B) by striking section 224 and inserting section 112 or a State unified plan approved under section 113 ; and (3) in subsection (c)— (A) in paragraph (1)— (i) by striking section 205 and inserting section 206 ; (ii) by striking section 224 and inserting section 112 or a State unified plan approved under section 113 ; (iii) in subparagraph (A)— (I) by striking $100,000 and inserting $250,000 ; and (II) by inserting except as provided in subsection (e) after outlying area ; and (iv) in subparagraph (B), by striking $250,000 and inserting $350,000 ; and (B) in paragraph (2), by striking section 205 and inserting section 206 ; (4) by amending subsection (f) to read as follows: (f) Hold-Harmless provisions (1) In general Notwithstanding subsection (c), for fiscal year 2011 and each succeeding fiscal year, no eligible agency shall receive an allotment under this section that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this section. (2) 100 Percent allotment Notwithstanding paragraph (1) of subsection (e), for a fiscal year for which an eligible agency receives only an initial allotment under subsection (c)(1) (and no additional allotment under subsection (c)(2)) the eligible agency shall receive an allotment under this section that is equal to 100 percent of the initial allotment under subsection (c)(1). (3) Ratable reduction If for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraphs (1) and (2), the Secretary shall ratably reduce the payments to all eligible agencies, as necessary. ; and (5) by adding at the end the following: (h) Study and report (1) Study The Comptroller General of the United States shall conduct a study concerning the formula described in this section and, in conducting the study, shall, at a minimum— (A) examine whether the formula results in a distribution of funds that sufficiently targets the entire population of individuals eligible for adult education and literacy activities under this title; (B) examine whether the data used to count qualified adults, for purposes of the formula, accurately identify the population of individuals eligible for the activities; and (C) develop recommendations, as necessary, for improving the formula so that the formula results in a distribution of funds that better serves that population and the data used to count qualified adults accurately measure that population. (2) Report Not later than 3 years after the date of enactment of the Workforce Investment Act of 2013 , the Comptroller General shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report containing the results of the study described in paragraph (1). . (b) Performance accountability system Section 212 is amended to read as follows: 212. Performance accountability system Programs and activities authorized in this title are subject to the performance accountability provisions described in section 136. Additional indicators shall include the following: (1) Demonstrated improvements in literacy skill levels in reading, writing, and speaking the English language, numeracy, English language acquisition, and other literacy skills. (2) Receipt of a secondary school diploma or its equivalent. (3) Attainment of an industry-recognized workforce readiness credential or other recognized postsecondary credential, the attainment of which requires skills below the postsecondary level. (4) Placement in, retention in, or completion of a postsecondary education or training program. . 203. Amendments to subtitle B (a) State administration Section 221 is amended— (1) in paragraph (1), by striking submission, and implementation of the State plan and inserting implementation, and monitoring of the relevant components of the State unified plan in section 112 or the State unified plan in section 113 . (b) State distribution and matching requirement Section 222 is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking this subtitle and inserting section 211(b) ; (B) in paragraph (1)— (i) by striking 82.5 percent and inserting 80 percent ; (ii) by striking 10 percent and inserting not less than 10 percent ; and (iii) by striking of the 82.5 percent ; (C) in paragraph (2), by striking 12.5 percent and inserting 15 percent ; and (D) in paragraph (3), by striking $65,000 and inserting $75,000 ; and (2) in subsection (b)(1), by striking equal to— and inserting that is not less than— . (c) State leadership activities Section 223 is amended by amending subsection (a) to read as follows: (a) Activities (1) Required Each eligible agency shall use funds made available under section 222(a)(2) and from other funds available to the State for such purposes, for the following adult education and literacy activities to develop or enhance the adult education system of the State or outlying area: (A) The alignment of adult education and literacy activities with other core programs and one-stop partners, including eligible providers, to implement the strategy identified in the unified State plan under section 112 or the State unified plan under section 113, including the development of career pathways to provide access to employment and training services for individuals in adult education and literacy activities. (B) The establishment or operation of high-quality professional development programs to improve the instruction provided pursuant to local activities required under section 231(b), including instruction incorporating the essential components of reading, writing, and numeracy instruction and instruction for English language learners as such components relate to adults, instruction related to the specific needs of adult learners, instruction provided by volunteers or by personnel of a State or outlying area, and dissemination of information about models and promising practices related to such programs. (C) The provision of technical assistance to eligible providers of adult education and literacy activities, including technical assistance in— (i) the development and dissemination of instructional and programmatic practices based on available evidence-based research, where appropriate, in reading, writing, speaking, mathematics, English language acquisition programs, distance education, and staff training; (ii) the role of eligible providers as a one-stop partner in providing access to employment, education, and training services; (iii) the use of technology, including for staff training, to eligible providers, especially the use of technology to improve system efficiencies; (iv) the development of content and models for career pathways, including integrated education and training, career bridge programs or instruction, and postsecondary transition activities; and (v) the acquisition and implementation of technology tools, applications, and other resources that will— (I) help in enhancing or redesigning adult education, literacy, and workplace skills curricula to improve technology literacy for adult learners; (II) facilitate assessments for data analysis to enable individualized instruction; and (III) be employed in professional development activities. (D) The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities and the dissemination of information about models and proven or promising practices within the State. (E) The assessment of the quality of the adult education teacher workforce in the State, which shall include taking actions to improve that quality, including by establishing a requirement that all paid professionals have at least a bachelor’s degree and that volunteers be required to be supervised or supported by a paid professional with a bachelor’s degree, and through such actions as working in partnership with colleges and universities to improve the quality of adult education teacher preparation and increase access to high-quality preparation programs. (F) The development of rigorous content standards and aligned assessments for their adult education programs that reflect accepted standards for college- and career-readiness that are aligned with the college- and career-ready standards the State develops and implements in compliance with section 14006(d)(4) of the American Recovery and Reinvestment Act of 2009. (2) Permissible activities Each eligible agency may use funds made available under section 222(a)(2) for 1 or more of the following adult education and literacy activities: (A) The support of State or regional networks of literacy resource centers. (B) The development and implementation of technology applications, including online and on-air educational digital content, translation technology, or distance education, including professional development to support the use of instructional technology. (C) The development and dissemination of curricula, including curricula incorporating the essential components of reading instruction as such components relate to adults. (D) The dissemination of content and models for integrated education and training and career pathways, including the provision of technical assistance to eligible providers in the State administering such programs. (E) The provision of assistance to eligible providers in developing and implementing programs that achieve the objectives of this title and in measuring the progress of those programs in achieving such objectives, including meeting the State adjusted levels of performance described in section 136(b)(3). (F) The provision of assistance to eligible providers in the development of new data management systems required by the performance accountability system described in section 136(b). (G) The development and implementation of a system to assist in the transition from adult education to postsecondary education, including linkages with postsecondary educational institutions or institutions of higher education. (H) The integration of literacy and English language instruction with occupational skill training, including promoting linkages with employers. (I) Activities to promote workplace adult education and literacy activities. (J) Activities to promote and complement local outreach initiatives described in section 243(b)(3)(G). (K) In cooperation with efforts funded under sections 242 and 243, development and piloting of— (i) promising and proven assessment tools and strategies that— (I) are based on evidence-based research, where available and appropriate; and (II) identify the needs and capture the gains of students at all levels, with particular emphasis on— (aa) students at the lowest achievement level; (bb) students who are English language learners; and (cc) adults with learning disabilities; (ii) strategies for improving teacher quality and retention; (iii) assistance in converting evidence-based research into practice; and (iv) strategies in the use of technology, including online and on-air educational digital content to improve technology literacy for adult learners. (L) The development and implementation of programs and services to meet the needs of adult learners with learning disabilities who are English language learners. (M) Family literacy activities that promote adult education and help parents become their child’s first teacher. (N) Support for recruitment and outreach for instructors, students, and employers. (O) Other activities of statewide significance that promote the purpose of this title. (3) Digital learning Each eligible agency may reserve up to 10 percent of the funds made available under section (222)(a)(2) for grants to an entity that owns and operates a television public broadcast station, as defined in section 397(6) of the Communications Act of 1934 ( 47 U.S.C. 397(6) ) (including a partnership of such entities), in partnership with an eligible agency, State Board described in section 111, or institution of higher education to develop, disseminate, and provide online and on-air education and training services for adults, including: (A) the development, training and use of innovative, high-quality tools, products, and educational digital content and services for— (i) adult education and literacy, GED preparation, workforce training, and related outreach (including community and family) services; (ii) professional development; and (iii) English language education and services for non-English speakers; (B) the development and implementation of technology applications, including online and on-air education digital content, translation technology, or distance education, including professional development to support the use of instructional technology; and (C) developing and piloting strategies in the use of technology through online and on-air educational digital content, including to improve technology literacy for adult learners. . (d) State plan Section 224 is amended to read as follows: 224. State Plan Each State desiring to receive funds under this title for any fiscal year shall submit and have approved by the Secretary and the Secretary of Labor a State plan in accordance with section 112 or a State unified plan in accordance with section 113. . (e) Programs for corrections education and other institutionalized individuals Section 225 is amended— (1) in subsection (b)— (A) in paragraph (1), by striking basic education and inserting adult education and literacy activities ; (B) in paragraph (2), by striking education programs and inserting education, ; and (C) by striking paragraphs (3) and (4) and inserting the following: (3) secondary school credit; (4) integrated education and training; (5) career pathways; (6) concurrent enrollment; (7) postsecondary correctional education linked to employment; (8) peer tutoring; and (9) transition to re-entry initiatives and other post-release services with the goal of reducing recidivism. ; and (2) by striking subsection (d) and inserting the following: (d) Report In addition to any report required under section 136, each eligible agency that receives assistance provided under this section shall annually prepare and submit to the Secretary a report on the progress, as described in section 136, of the eligible agency with respect to the programs and activities carried out under this section, including the rate of recidivism for the criminal offenders served. (e) Definitions In this section: (1) Correctional institution The term correctional institution means any— (A) prison; (B) jail; (C) reformatory; (D) work farm; (E) detention center; or (F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Criminal offender The term criminal offender means any individual who is charged with or convicted of any criminal offense. . 204. Amendments to subtitle C (a) Grants and contracts for eligible providers Section 231 is amended— (1) in subsection (b), by striking one or more programs that provide and all that follows and inserting programs that provide adult education and literacy activities, programs that provide such activities concurrently with postsecondary education or training or employment activities, and credit-bearing postsecondary coursework. ; (2) in subsection (c)— (A) by striking Each eligible and inserting: (1) In general Each eligible ; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs 2 ems to the right; (C) in subparagraph (A) (as so redesignated), by inserting and compete after apply ; and (D) by adding at the end the following: (2) GAO study Not later than the second program year following the date of enactment of the Workforce Investment Act of 2013, the Comptroller General shall conduct a study to determine how the provisions of paragraph (1) have been implemented and whether such provisions accomplished the purposes of such paragraph. ; (3) in subsection (d)— (A) by striking section 203(1) and inserting section 203(4) ; and (B) by striking other than adult education activities and inserting other than activities for eligible individuals ; and (4) in subsection (e)— (A) in paragraph (1), by striking will establish measurable goals for participant outcomes and insert would be responsive to— (A) regional needs as identified in the local plan under section 118; and (B) serving individuals in the community who were identified in such plan as most in need of adult education and literacy activities, including individuals— (i) who have low levels of literacy skills; (ii) who have learning disabilities; or (iii) who are English language learners; ; (B) by amending paragraphs (2) through (8) to read as follows: (2) capacity, including past effectiveness in improving the English language, reading, and mathematic skills of eligible individuals of the eligible provider, to meet and exceed State-adjusted levels of performance for the primary indicators of performance described in section 136 for eligible individuals, especially with respect to eligible individuals who have low levels of literacy; (3) the extent to which the eligible provider demonstrates alignment between proposed activities and services and the strategy and goals of the local plan under section 118, as well as with the activities and services of the one-stop partners; (4) whether the eligible provider’s program uses instructional practices that include the essential components of reading instruction; (5) whether the eligible provider’s activities are built on a strong foundation of evidence-based research on available and effective educational practices; (6) whether the eligible provider’s activities effectively employ advances in technology and delivery systems, including distance education; (7) whether the eligible provider’s activities provide learning in context, including through integrated education and training, so that an individual acquires the skills needed to transition to and success in completing postsecondary education and training programs, obtain and advance in employment leading to economic self-sufficiency, and exercise the rights and responsibilities of citizenship; (8) whether the eligible provider’s activities are delivered by instructors, counselors, and administrators who meet minimum qualifications established by the State, and who have access to professional development, including through electronic means; ; (C) in paragraph (9)— (i) by inserting eligible provider’s after whether the ; (ii) by inserting education, training, and social service after other available ; (iii) by inserting local workforce investment boards, after postsecondary educational institutions, ; and (iv) by inserting , business, industry, labor organizations, community-based organizations, nonprofit organizations, and intermediaries, for the development of career pathways before the semicolon; (D) in paragraph (10)— (i) by inserting eligible provider’s after whether the ; (ii) by inserting coordination with Federal, State, and local after schedules and ; and (iii) by striking and transportation and inserting transportation, mental health services, and career planning ; and (E) by striking paragraphs (11) and (12) and inserting the following: (11) the capacity of the eligible provider to provide integrated education and training; (12) whether the eligible provider maintains an information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and monitor program performance; (13) the capacity of the eligible provider to offer or connect individuals with career pathways that will lead to economic self-sufficiency; (14) whether the local areas in which the eligible provider is located have demonstrated need for additional English language acquisition programs, integrated English literacy, and civics education programs; and (15) the capacity of the eligible provider to serve eligible individuals with disabilities, including individuals with learning disabilities. . (b) Local application Section 232 is amended— (1) in the matter preceding paragraph (1), by striking under this subtitle and inserting from an eligible agency ; (2) in paragraph (1), by striking ; and and inserting consistent with the requirements of this title; ; and (3) by striking the period at the end of paragraph (2) and inserting a semicolon, and after such paragraph inserting the following: (3) a description of how the eligible provider will provide services in alignment with the local plan under section 118, including how such provider will promote concurrent enrollment in programs and activities under titles I and II, as appropriate, to assist eligible individuals in accessing and succeeding in postsecondary education and job training services and how such provider will promote access to career pathways; (4) a description of how the eligible provider will meet the State adjusted levels of performance described in section 136(b)(3), including how such provider will collect data to report on such performance indicators; (5) a description of how the eligible provider will fulfill one-stop partner responsibilities as described in section 121(b)(1)(A), as appropriate; (6) a description of how the eligible provider will provide services in a manner that meets the needs of eligible individuals; and (7) information that addresses the considerations described under section 231(e), as applicable. . (c) Local administrative cost limits Section 233 is amended— (1) in subsection (a)(2), by striking personnel development and interagency coordination and inserting (including carrying out the requirements of section 136), professional development, and the activities described in paragraphs (3) and (5) of section 232 ; and (2) in subsection (b), by striking adequate planning, administration, personnel development, and interagency coordination and inserting the eligible provider to carry out the activities described in subsection (a)(2) . 205. Amendments to subtitle D (a) Administrative provisions Section 241(b) is amended— (1) in paragraph (1)(A), by striking adult education and literacy activities and inserting activities under this title ; and (2) in paragraph (4), by striking 1 fiscal year only and inserting not more than 1 fiscal year . (b) National institute for adult education and literacy Section 242 is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting Adult Education and after Institute for ; (B) in paragraph (1), by striking literacy and inserting effective adult education and literacy activities for adults and families, including the identification of research topics ; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and inserting after paragraph (1) the following: (2) supports the development and replication of promising and proven approaches to adult education and literacy activities and programs of demonstrated effectiveness; ; (D) in paragraph (3) (as so redesignated), by striking literacy and inserting and disseminates information on adult education and literacy activities, ; and (E) in paragraph (4) (as so redesignated), by striking programs by— and all that follows through subparagraph (A) and inserting activities by— (A) providing advice on the efforts of the Department of Education, Department of Labor, and the Department of Health and Human Services and other relevant agencies to achieve the goals of adult education and literacy programs and programs consistent with title I, within and across such agencies; (B) coordinating and participating in the Federal effort to identify, produce, and disseminate information on adult education and literacy activities that are derived from available evidence-based research and effective programs that serve adults and families, including individuals with learning disabilities; and (C) providing current information annually on effective practices and research in adult education and literacy activities to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, and the relevant Federal agencies. ; (2) in subsection (b)— (A) in paragraph (1), by inserting Adult Education and after Institute for ; and (B) in paragraph (2), by striking separate and inserting independent ; (3) by amending subsection (c) to read as follows: (c) Duties (1) In general In order to reinforce and support the alignment of activities and programs consistent with provisions under title I, the Institute is authorized— (A) to maintain a national electronic database of information that disseminates information to the broadest possible audience within the adult education and literacy field, and that includes— (i) best practices and research regarding the provision of adult education and literacy activities, including instruction in the essential components of reading instruction, integrated education and training, and the integration of English literacy and civics education; (ii) public and private adult education and literacy activities and programs, and Federal, State, and local policies, affecting the provision of adult education and literacy activities at the national, State, and local levels; (iii) opportunities for technical assistance, meetings, conferences, and other opportunities that lead to the improvement of adult education and literacy activities; (iv) a list of eligible providers; and (v) best practices in reading research, numeracy instruction, and service to English language learners; (B) to coordinate the support of promising and proven research, as defined by the Institute of Education Sciences, and development on adult education and literacy activities for adults and for employers across Federal agencies, and to carry out basic and applied research and development on topics that are not being investigated by other organizations or agencies, such as the special literacy needs of individuals with learning disabilities; (C) to provide policy and technical assistance to Federal, State, and local entities for the improvement of policy and programs relating to adult education and literacy activities; (D) to fund a network of State or regional adult education and literacy resource centers to assist State eligible agencies, eligible providers, and private nonprofit efforts to improve adult education and literacy activities by— (i) encouraging the coordination of adult education and literacy activities; (ii) enhancing the capacity of State eligible agencies and eligible providers to deliver adult education and literacy activities; and (iii) serving as a link between the Institute and eligible providers of adult education and literacy activities for the purpose of sharing information, data, research, expertise, and literacy resources, and for soliciting research needs; (E) to establish and maintain a national adult learning and technology resource center to— (i) develop frameworks for technology-based learning and professional development materials for adult education, literacy, and workplace skills; (ii) support distance education for professional development for eligible entities and eligible providers of adult education, literacy, and workplace skills services; (iii) coordinate and share information on the innovative uses of technology, such as the use of assistive technology to deliver digital content to adult learners; and (iv) be accessible to the public through the website of the center; (F) to advise Congress and Federal departments and agencies regarding the development of policy with respect to adult education and literacy activities; (G) to undertake other activities that lead to the improvement of the Nation’s adult education and literacy delivery system and that complement other such efforts being undertaken by public and private agencies and organizations, including activities that relate to the acquisition of skills in reading, writing, English language acquisition, and mathematics; (H) to assist States that are pursuing the implementation of standards-based educational improvements and related standards-based assessment instruments for eligible providers through the dissemination of training, technical assistance, and related support; and (I) to develop and disseminate best practices on the education, training, professional development, certification, and credentialing of adult education instructors, including how the use of technology can contribute to such efforts. (2) Grants, contracts, and cooperative agreements The Institute may award competitive grants to, or enter into contracts or cooperative agreements with, individuals, public or private institutions, agencies, organizations, or consortia of such institutions, agencies, or organizations to carry out the activities of the Institute. (3) Coordination In identifying and supporting promising and proven research the Institute shall use standards for research quality that are consistent with those of the Institute of Education Sciences. ; (4) in subsection (d)(1), by striking research, or innovation and inserting or research ; (5) in subsection (e)— (A) in the subsection heading, by inserting Adult Education and after Institute for ; (B) in paragraph (1)— (i) in subparagraph (A), by inserting Adult Education and after Institute for ; (ii) in subparagraph (B)(i)— (I) by inserting adult education and after organizations and providers of ; and (II) by striking English literacy and inserting English language acquisition ; (iii) in subparagraph (B)(ii), by striking literacy programs and inserting or have participated in or partnered with workplace adult education and literacy activities ; (iv) in subparagraph (B)(iii), by striking literacy both places it appears and inserting adult education and literacy ; (v) in subparagraph (B)(iv), by inserting adult education and literacy research, including adult after area of ; (vi) in subparagraph (B)(vi), by striking and ; (vii) in subparagraph (B)(vii), by striking the period and inserting ; and ; and (viii) by adding at the end the following: (viii) institutions of higher education or postsecondary educational institutions. ; (C) in paragraph (2)— (i) in subparagraph (B), by striking and ; (ii) in subparagraph (C), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (D) review the biennial report submitted to Congress pursuant to subsection (k). ; and (D) in paragraph (5)— (i) by striking Any and inserting A ; and (ii) by inserting at a meeting for which there is a quorum before the period; (6) in subsection (k)— (A) in the matter preceding paragraph (1)— (i) by striking The and inserting not later than one year after the date of enactment of the Workforce Investment Act of 2013, and biennially thereafter, the ; and (ii) by striking Committee on Labor and Human Resources of the Senate and inserting Committee on Health, Education, Labor and Pensions of the Senate and the relevant agencies ; (B) in paragraph (1), by inserting adult education and after field of ; and (C) in paragraph (2), by striking adult education and after goals of the ; and (7) by adding at the end the following: (m) National institute for literacy Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to— (1) the head of the National Institute for Literacy shall be treated as a reference to the head of the National Institute for Adult Education and Literacy; and (2) the National Institute for Literacy shall be treated as a reference to the National Institute for Adult Education and Literacy. . (c) National Leadership activities Section 243 is amended— (1) in the matter preceding paragraph (1)— (A) by striking The Secretary and inserting: (a) In general The Secretary ; (B) by inserting and outcomes after the quality ; (C) by striking programs and inserting activities and programs ; and (D) by striking Such activities may include the following: and inserting: (b) Allowable activities The national leadership activities described in subsection (a) may include the following: ; (2) in paragraph (1)— (A) by redesignating subparagraphs (A) through (C) as subparagraphs (B) through (D), respectively and inserting before subparagraph (B) (as so redesignated) the following: (A) assistance to help States meet the requirements of section 136; ; (B) in subparagraph (B) (as so redesignated)— (i) by striking developing and using performance measures and inserting using performance accountability measures based on indicators described in section 136, and data systems ; and (ii) by striking , including family literacy services ; (C) in subparagraph (C) (as so redesignated), by striking including family literacy services and all that follows and inserting utilizing evidence-based research where available; ; (D) in subparagraph (D) (as so redesignated)— (i) by striking learning and inserting education ; and (ii) by striking the period and inserting the following: , including through the use of instructional models that blend in-person and online instruction; and ; and (E) by adding at the end the following: (E) assistance in the development and dissemination of promising and proven models for addressing the digital literacy needs of adults, including older adults. ; (3) by redesignating paragraph (2) as paragraph (3), and inserting after paragraph (1) the following: (2) A program of grants, contracts, or cooperative agreements awarded on a competitive basis to national, regional, or local networks of private nonprofit organizations, public libraries, or institutions of higher education to build the capacity of such networks’ members to— (A) meet the performance requirements, described in section 136, of eligible providers under this title; and (B) involve eligible individuals in program improvement. ; and (4) in paragraph (3) (as so redesignated)— (A) in the matter preceding subparagraph (A), by inserting institutions of higher education, after postsecondary educational institutions, ; (B) in subparagraph (A), by striking phonemic awareness and all that follows through reading comprehension and inserting the essential components of reading instruction ; (C) in subparagraph (B), by striking , including family literacy services ; (D) in subparagraph (C), by striking research, such as and inserting: research, including evidence-based research where available, on national literacy basic skill acquisition for adult learning, including ; (E) in subparagraph (D)— (i) in clause (i), by striking the semicolon and inserting , which may include programs that— (I) accelerate learning outcomes for eligible individuals with the lowest literacy levels; (II) promote career pathways for eligible individuals; (III) promote concurrent enrollment programs in adult education and credit bearing postsecondary coursework; and (IV) develop high-quality professional development activities for eligible providers; ; and (ii) in clause (ii), by striking such as the development and all that follows and inserting such as— (I) programs for skill certification; (II) the identification of effective strategies for working with adults with learning disabilities and with adults who are English language learners; (III) integrated education and training programs; (IV) programs providing adult education and literacy activities coordinated with employment services; (V) family literacy activities that promote adult education and help parents become their child’s first teacher; and (VI) postsecondary education and training transition programs; ; (F) in subparagraph (E)— (i) in the matter preceding clause (i), by striking through studies and analyses conducted independently ; (ii) in clause (i)— (I) by inserting accountability after performance ; (II) by inserting , including interim measures connected to increasing advancement along a career pathway, after measures of accountability ; and (III) by striking , including family literacy services ; (iii) in clause (ii)— (I) by striking including family literacy services ; and (II) by striking adults (and of children and all that follows through in such activities and inserting eligible individuals, lead ; (iv) in clause (iii)— (I) by striking adults and inserting eligible individuals ; (II) by striking family ; and (III) by striking programs and inserting activities ; and (v) in clause (iv), by striking eligible agencies have distributed and all that follows and inserting different types of providers measurably improve the skills of eligible individuals in adult education and literacy activities; ; (G) by redesignating subparagraphs (F), (G) and (H) as subparagraphs (G), (H), and (K), respectively; (H) by inserting after subparagraph (E) the following: (F) carrying out research on the relationship between instructional quality, including education levels, certification status, and experience of instructors, and the performance outcomes of eligible providers consistent with section 136; ; (I) in subparagraph (G) (as so redesignated)— (i) by inserting of programs after building ; and (ii) by striking subtitle and inserting title ; and (J) in subparagraph (H) (as so redesignated), by striking ; and and inserting a semicolon and inserting after such subparagraph the following: (I) supporting the development of an entity that would produce and distribute technology-based programs and materials for adult education and literacy activities using an interconnection system (as defined in section 397 of the Communications Act of 1934 ( 47 U.S.C. 397 )) and expand the effective outreach and use of such programs and materials to eligible providers; (J) determining how participation in adult education and literacy activities prepares eligible individuals for entry into postsecondary education and employment and, in the case of programs carried out in correctional institutions, has an effect on recidivism; and . (d) Integrated English literacy and civics education Subtitle D, as redesignated by section 201(f), is further amended by adding after section 243 the following new section: 244. Integrated English literacy and civics education (a) In general From funds made available under section 211(a)(1)(C) for each fiscal year, the Secretary shall award grants to States, from allotments under subsection (b), for integrated English literacy and civics education. (b) Allotment (1) In general Subject to paragraph (2), from amounts made available under section 211(a)(1)(C) for a fiscal year, the Secretary shall allocate— (A) 65 percent to the States on the basis of a State’s need for integrated English literacy and civics education, as determined by calculating each State’s share of a 10-year average of the data of the Office of Immigration Statistics of the Department of Homeland Security for immigrants admitted for legal permanent residence for the 10 most recent years; and (B) 35 percent to the States on the basis of whether the State experienced growth, as measured by the average of the 3 most recent years for which the data of the Office of Immigration Statistics of the Department of Homeland Security for immigrants admitted for legal permanent residence are available. (2) Minimum No State shall receive an allotment under paragraph (1) in an amount that is less than $60,000. (c) Study To determine continued need Not later than 2 years after the date of the enactment of the Workforce Investment Act of 2012 and every 2 years thereafter, the Secretaries of Education, Labor, and Homeland Security shall submit a report to Congress about the English-language instruction needs of adult immigrants. It shall include changes in national, State and county-level approaches and requirements in English-language instruction; data on the composition of recent immigration flows and immigrant settlement patterns across States; and estimated instructional needs based on the English ability and educational attainment of recent immigrants from top immigrant-sending countries. Such study shall be commissioned by the Institute of Education Sciences, with its design conducted in collaboration with the Departments of Labor and Homeland Security. . III Amendments to the Wagner-Peyser Act 301. Employment service offices Section 1 of the Wagner-Peyser Act ( 29 U.S.C. 49 ) is amended by inserting service before offices . 302. Definitions Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) is amended— (1) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (2) by inserting after paragraph (1) the following: (2) the term employment service office means a local office of a State agency; ; (3) in paragraph (3) (as so redesignated)— (A) by striking investment board each place it appears and inserting development board ; and (B) by striking of 1998 and inserting of 2011 ; (4) in paragraph (4) (as so redesignated)— (A) by striking 134(c) and inserting 221(e) ; and (B) by striking 1998 and inserting 2011 ; (5) in paragraph (5) (as so redesignated), by striking and at the end; (6) in paragraph (6) (as so redesignated), by striking the period and inserting ; and ; and (7) by adding at the end the following: (7) except in section 15, the term State agency , used without further description, means an agency designated or authorized under section 4; and (8) the term workplace learning advisor , has the meaning given the terms in section 101 of the Workforce Investment Act of 1998. . 303. Federal and State employment service offices (a) Coordination Section 3(a) of the Wagner-Peyser Act ( 29 U.S.C. 49b(a) ) is amended by striking services and inserting service offices . (b) Public labor exchange services system Section 3(c)(2) of the Wagner-Peyser Act ( 29 U.S.C. 49b(c)(2) ) is amended by inserting , and identify and disseminate information on best practices for such system before the semicolon. (c) One-Stop centers Section 3 of the Wagner-Peyser Act ( 29 U.S.C. 49b ) is amended by inserting after subsection (c) the following: (d) In order to improve service delivery, avoid duplication of services, and enhance coordination of services, the employment service offices in each State and the one-stop centers shall be collocated to the extent practicable. (e) The Secretary, in consultation with States, is authorized to assist the States in the development of national electronic tools that may be used to improve access to workforce information for individuals through— (1) the one-stop delivery systems established as described in section 121(e) of the Workforce Investment Act of 2012; and (2) such other delivery systems as the Secretary determines to be appropriate. . 304. Allotment of sums Section 6 of the Wagner-Peyser Act ( 29 U.S.C. 49e ) is amended— (1) in subsection (a)— (A) by striking From and inserting After making the reservation required by subsection (c), from ; and (B) by striking amounts appropriated pursuant to section 5 and inserting funds appropriated and (except for Guam) certified under section 5 and made available for allotments under this section ; and (2) in subsection (b)(1)— (A) in the matter preceding subparagraph (A)— (i) by inserting before the Secretary the following after making the allotments required by subsection (a), ; and (ii) by striking sums and all that follows through this Act and inserting funds described in subsection (a) ; (B) in each of subparagraphs (A) and (B), by striking sums and inserting remainder ; and (C) by adding at the end the following: For purposes of this paragraph, the term State does not include Guam or the Virgin Islands. . 305. Use of sums (a) Resources for unemployment insurance claimants Section 7(a)(3) of the Wagner-Peyser Act ( 29 U.S.C. 49f(a)(3) ) is amended— (1) by striking and at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ; and ; and (3) by inserting after subparagraph (F) the following: (G) providing unemployment insurance claimants and other unemployed individuals with referrals to, and application assistance for, training and education resources and programs, including Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ), educational assistance under chapter 30 of title 38, United States Code (commonly referred to as the Montgomery GI Bill), and chapter 33 of that title (Post-9/11 Veterans Educational Assistance), student assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), State student higher education assistance, and training and education programs provided under titles I and II of the Workforce Investment Act of 2012, and title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.). . (b) State activities Section 7(b) of the Wagner-Peyser Act (29 U.S.C. 49f(b)) is amended— (1) in paragraph (1), by striking performance standards established by the Secretary and inserting the performance accountability measures that are based on indicators described in section 136(b)(2)(A)(i) of the Workforce Investment Act of 2012 ; and (2) in paragraph (2), by inserting offices after employment service . (c) Providing additional funds Section 7(c)(2) of the Wagner-Peyser Act (29 U.S.C. 49f(c)(2)) is amended by striking 1998 and inserting 2011 . (d) Other services and activities Section 7(d) of the Wagner-Peyser Act (29 U.S.C. 49f(d)) is amended by striking 1998 and inserting 2011 . (e) Conforming amendment Section 7(e) of the Wagner-Peyser Act (29 U.S.C. 49f(e)) is amended by striking labor employment statistics and inserting labor market information . 306. State plan Section 8 of the Wagner-Peyser Act ( 29 U.S.C. 49g ) is amended to read as follows: 8. Any State desiring to receive assistance under section 6 shall prepare and submit to, and have approved by, the Secretary and the Secretary of Education, a State plan in accordance with section 112 or 113 of the Workforce Investment Act of 2011. . 307. Performance accountability measures Section 13(a) of the Wagner-Peyser Act (29 U.S.C. 49l(a)) is amended to read as follows: (a) The activities carried out pursuant to section 7 shall be subject to the performance accountability measures that are based on indicators described in section 136(b)(2)(A)(i) of the Workforce Investment Act of 2011. . 308. Pilot projects The Wagner-Peyser Act is amended by inserting after section 13 ( 29 U.S.C. 49l ) the following: 13A. Pilot projects (a) Grants From funds appropriated under subsection (f), the Secretary, in consultation with the Secretary of Education, shall establish and carry out a pilot program. In carrying out the program, the Secretary shall annually make grants, on a competitive basis, to State agencies to cooperate in the administration of this Act by carrying out pilot projects that enhance the professional development and provision of services by the staff of such State agencies. (b) Use of funds Funds made available under this section may be used to enable a State agency to— (1) make available a broad range of career guidance services, including career planning, aptitude and interest assessments, provision of labor market information, job placement services, and evaluations of the outcomes for recipients of such services; (2) strengthen the capacity of the State agency to identify job openings through the use of technology, and through intensive outreach to small- and medium-size employers while using and enhancing the business and employer services authorized under this Act; (3) provide professional development and career advancement opportunities for staff of a State agency in order to upgrade their skills and competencies in the provision of career development activities, employer outreach, job placement, and other services authorized under this Act, including upgrading those skills and competencies through the training of such staff to improve their knowledge of, and ability to effectively interact with, staff and programs of one-stop partners and other entities administering workforce development programs; (4) identify and implement strategies for State agency staff to provide technical assistance and training to assist other providers of workforce development activities, including workplace learning advisors, in providing counseling and employment-related services to workers and job seekers, and employers; and (5) identify and implement new strategies for integrating counseling and technology to enhance the provision of employment-related services under this Act. (c) Applications A State agency that seeks a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Priority In awarding grants under this section, the Secretary, in consultation with the Secretary of Education, shall— (1) give priority to a State agency that— (A) demonstrates participation by employees of the agency and their organized representatives in the planning of the proposed pilot project; (B) demonstrates participation by the employees, or provides an assurance that the employees will participate, in the implementation of the pilot project; and (C) demonstrates that the State agency has established a partnership, or provides an assurance that the agency will establish a partnership, with a relevant professional organization, or with an institution of higher education; and (2) ensure geographic diversity and diversity with respect to the population density of the States in which projects under this section will be carried out. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2013 through 2017. . 309. Labor market information system (a) Heading The section heading for section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 ) is amended by striking Employment statistics and inserting labor market information system . (b) Name of system Section 15(a)(1) of the Wagner-Peyser Act (29 U.S.C. 49l–2(a)(1)) is amended by striking employment statistics system of employment statistics and inserting labor market information system . (c) System responsibilities Section 15(b) of the Wagner-Peyser Act (29 U.S.C. 49l–2(b)) is amended— (1) by striking paragraph (1) and inserting the following: (1) In general (A) Structure The labor market information system described in subsection (a) shall be evaluated and improved by the Secretary, in consultation with the Workforce Information Advisory Council established in subsection (d). (B) Grants and responsibilities (i) In general The Secretary shall carry out the provisions of this section in a timely manner, through grants to or agreements with States. (ii) Distribution of funds Using amounts appropriated under subsection (g), the Secretary shall provide funds through those grants and agreements. In distributing the funds (relating to labor market information funding) for fiscal years 2013 through 2017, the Secretary shall continue to distribute the funds to States in the manner in which the Secretary distributed funds to the States under this section for fiscal years 2004 through 2008. ; and (2) by striking paragraph (2) and inserting the following: (2) Duties The Secretary, with respect to data collection, analysis, and dissemination of labor market information for the system, shall carry out the following duties: (A) Assign responsibilities within the Department of Labor for elements of the labor market information system described in subsection (a) to ensure that the statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions, and that the information is accessible and understandable to users of such data. (B) Actively seek the cooperation of heads of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities. (C) Solicit, receive, and evaluate the recommendations from the Workforce Information Advisory Council established in subsection (d) concerning the evaluation and improvement of the labor market information system described in subsection (a) and respond in writing to the Council regarding the recommendations. (D) Through the Bureau of Labor Statistics and the Employment and Training Administration, and in collaboration with States, develop and maintain the elements of the labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1). (E) Establish procedures for the system to ensure that— (i) such data and information are timely; and (ii) paperwork and reporting for the system are reduced to a minimum. . (d) Two-Year plan Section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 ) is amended by striking subsection (c) and inserting the following: (c) Two-Year plan The Secretary, acting through the Commissioner of Labor Statistics and the Assistant Secretary for Employment and Training, and in consultation with the Workforce Information Advisory Council described in subsection (d) and heads of other appropriate Federal agencies, shall prepare a 2-year plan for the labor market information system. The plan shall be developed and implemented in a manner that takes into account the activities described in State plans submitted by States under section 112 or 113 of the Workforce Investment Act of 2012 and shall be submitted to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. The plan shall include— (1) a description of how the Secretary will work with the States to manage the nationwide labor market information system described in subsection (a) and the statewide workforce and labor market information systems that comprise the nationwide system; (2) a description of the steps to be taken in the following 2 years to carry out the duties described in subsection (b)(2); (3) an evaluation of the performance of the system, with particular attention to the improvements needed at the State and local levels; (4) a description of the involvement of States in the development of the plan, through consultation by the Secretary with the Workforce Information Advisory Council in accordance with subsection (d); and (5) a description of the written recommendations received from the Workforce Information Advisory Council established under subsection (d), and the extent to which those recommendations were incorporated into the plan. . (e) Workforce information advisory council Section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 ) is amended by striking subsection (d) and inserting the following: (d) Workforce information advisory council (1) In general The Secretary, through the Commissioner of Labor Statistics and the Assistant Secretary of Labor for Employment and Training, shall formally consult at least twice annually with the Workforce Information Advisory Council established in accordance with paragraph (2). Such consultations shall address the evaluation and improvement of the nationwide labor market information system described in subsection (a) and the statewide labor market information systems that comprise the nationwide system and how the Department of Labor and the States will cooperate in the management of such systems. The Council shall provide written recommendations to the Secretary concerning the evaluation and improvement of the nationwide system, including any recommendations regarding the 2-year plan described in subsection (c). (2) Establishment of council (A) Establishment The Secretary shall establish an advisory council that shall be known as the Workforce Information Advisory Council (referred to in this section as the Council ) to participate in the consultations and provide the recommendations described in paragraph (1). (B) Membership The Secretary shall appoint the members of the Council, which shall consist of— (i) 4 members who are representatives of lead State agencies with responsibility for workforce investment activities, or State agencies described in section 4, who have been nominated by such agencies or by a national organization that represents such agencies; (ii) 4 members who are representatives of the State labor market information directors affiliated with the State agencies that perform the duties described in subsection (e)(2), who have been nominated by the directors; (iii) 1 member who is a representative of providers of training services under section 122 of the Workforce Investment Act of 2012; (iv) 1 member who is a representative of economic development entities; (v) 1 member who is a representative of businesses, who has been nominated by national business organizations or trade associations; (vi) 1 member who is a representative of labor organizations, who has been nominated by a national labor federation; (vii) 1 member who is a representative of local workforce investment boards, who has been nominated by a national organization representing such boards; and (viii) 1 member who is a representative of research entities that utilize labor market information. (C) Geographic diversity The Secretary shall ensure that the membership of the Council is geographically diverse and that no 2 of the members appointed under clauses (i), (ii), and (vii) represent the same State. (D) Period of appointment; vacancies (i) In general Each member of the Council shall be appointed for a term of 3 years, except that the initial terms for members may be 1, 2, or 3 years in order to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms. (ii) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (E) Travel expenses The members of the Council shall not receive compensation for the performance of services for the Council, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Council. . (f) State responsibilities Section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l–2(e)) is amended— (1) by striking employment statistics each place it appears and inserting labor market information ; (2) in paragraph (1)(A) by striking annual plan and inserting plan described in subsection (c) ; and (3) in paragraph (2)— (A) in subparagraph (G), by inserting and at the end; (B) by striking subparagraph (H); (C) in subparagraph (I), by striking section 136(f)(2) of the Workforce Investment Act of 1998 and inserting section 131(i)(2) of the Workforce Investment Act of 2012 ; and (D) by redesignating subparagraph (I) as subparagraph (H). (g) Authorization of appropriations Section 15(g) of the Wagner-Peyser Act (29 U.S.C. 49l–2(g)) is amended by striking 1999 through 2004 and inserting 2013 through 2017 . IV Amendments to the Rehabilitation Act of 1973 A Introductory Provisions 401. References Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the amendment or repeal shall be considered to be made to a provision of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). 402. Findings, purpose, policy (a) Findings Section 2(a) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period and inserting ; and ; and (3) by adding at the end the following: (7) (A) a high proportion of students are leaving secondary education without being employed in competitive integrated employment, or being enrolled in postsecondary education; and (B) there is a substantial need to support such students as they transition from school to postsecondary life. . (b) Purpose Section 2(b) ( 29 U.S.C. 701(b) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking with disabilities and all that follows through economic and inserting with disabilities, including individuals with the most significant disabilities, to maximize opportunities for competitive integrated employment and to achieve economic ; and (B) at the end of subparagraph (F), by striking and ; (2) in paragraph (2), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (3) to increase employment opportunities and employment outcomes for individuals with disabilities, including through encouraging meaningful involvement by employers and vocational rehabilitation service providers on successful and prospective employment and placement strategies; and (4) to ensure, to the greatest extent possible, that youth with disabilities and students with disabilities who are transitioning from receipt of special education services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) and receiving accommodations and supports consistent with section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) are either continuing their education or employed in competitive integrated employment. . 403. Rehabilitation Services Administration Section 3 ( 29 U.S.C. 702 ) is amended— (1) in subsection (a)— (A) in the first sentence, by striking Office of the Secretary and inserting Office of Special Education and Rehabilitative Services ; (B) in the second sentence, by striking IV and V and inserting IV, V, VII, and VIII ; and (C) by striking the last 3 sentences and inserting The functions of the Commissioner shall not be delegated to any officer, unless the officer is directly responsible to the Assistant Secretary for Special Education and Rehabilitative Services. ; (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following: (b) The Secretary shall ensure that— (1) the Rehabilitation Services Administration provides oversight of, conducts monitoring of, and provides technical assistance to, the designated State agencies funded under this Act; and (2) the staff providing such oversight, monitoring, and technical assistance includes individuals who have training in and experience with the programs administered by the Rehabilitation Services Administration. ; and (4) in subsection (c), as redesignated by paragraph (2), by striking for the programs and all that follows and insert in a manner that is consistent with the purposes of the program for which the funds are appropriated and of this Act, as enumerated in section 2(b) . 404. Definitions Section 7 ( 29 U.S.C. 705 ) is amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting after means the following: an assessment that presumes the attainment of an employment outcome for all individuals with disabilities (including individuals with significant disabilities and individuals with the most significant disabilities), and that relies on ; and (B) in subparagraph (B)— (i) in clause (iii), by striking and at the end; (ii) in clause (iv), by striking the semicolon and inserting ; and ; and (iii) by adding at the end the following: (v) to the maximum extent possible, relies on information obtained from experiences in integrated employment settings in the community, and other integrated community settings; ; (2) in paragraph (5)— (A) in the matter preceding subparagraph (A), by striking for employment, including career advancement and inserting for competitive integrated employment and for career advancement, including ; (B) by redesignating subparagraphs (O) through (Q) as subparagraphs (P) through (R); (C) by inserting after subparagraph (N) the following: (O) customized employment services; ; and (D) in subparagraph (R), as redesignated by subparagraph (B) of this paragraph, by striking (P) and inserting (Q) ; (3) by redesignating paragraphs (6) as paragraph (7) and inserting after paragraph (5) the following new paragraph: (6) Competitive integrated employment (A) In general The term competitive integrated employment means work by an employee who is an individual with a disability— (i) that is compensated at a rate that— (I) is the same rate as the rate for other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; and (II) shall be in accordance with the applicable law, but in no event less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State or local minimum wage law; (ii) for which the employee receives health and employment benefits comparable to those of other employees; (iii) that is at a location typically found in the community where the employee interacts frequently with other employees and individuals who are not individuals with disabilities to the same extent that non-disabled employees in comparable positions interact with others; and (iv) that provides opportunities for advancement that are equivalent to those for other employees who are not individuals with disabilities and who have comparable positions. (B) Inclusion of customized or supported employment The term competitive integrated employment includes integrated employment resulting from the provision of customized employment strategies or supported employment services, provided the work involved satisfies the criteria described in subparagraph (A). (C) Inclusion of Self-Employment or Micro-enterprises The term competitive integrated employment includes self-employment or micro-enterprises, as long as the work involved satisfies the criteria described in subparagraph (A). ; (4) by redesignating paragraphs (8) through (28) as paragraphs (9) through (29), respectively, and inserting after paragraph (7) the following: (8) Customized employment The term customized employment means an employment outcome in competitive integrated employment, for an individual with a significant disability, that is based on an individualized determination of the strengths, needs, and interests of the individual with a significant disability, is designed to meet the specific abilities of the individual with a significant disability and the business needs of the employer, and is carried out through flexible strategies, such as— (A) job exploration by the individual; and (B) working with an employer to facilitate placement, including— (i) customizing a job description based on current employer needs or on previously unidentified and unmet employer needs; (ii) developing a set of job duties (including a work schedule) and specifics of supervision (including performance evaluation and review), and determining job location; (iii) representation by a professional chosen by the individual, or self-representation by the individual, in working with an employer to facilitate placement; and (iv) providing services and supports at the job location. ; (5) in paragraph (12) (as so redesignated)— (A) in subparagraph (A), by striking competitive employment in the integrated labor market and inserting competitive integrated employment ; and (B) in subparagraph (C), by inserting customized employment, after outcome of ; (6) in paragraph (18) (as so redesignated)— (A) by striking the and at the end of subparagraph (C); (B) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (E) transition and prevention services that— (i) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the required supports and services; (ii) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and (iii) facilitate the transition of youth (including students) who are individuals with significant disabilities, who were eligible for individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)), and who have completed their secondary education or otherwise left school, to postsecondary life, including employment; and (F) services to promote full access to community life. ; (7) in paragraph (21)(B), by striking and VII and inserting VII, and VIII ; (8) by redesignating paragraphs (29) through (34) as paragraphs (32) through (37), respectively; (9) by inserting after paragraph (29) the following: (30) Post-employment service The term post-employment service means a service identified under section 103(a) that is— (A) provided subsequent to the achievement of an employment outcome; and (B) necessary for an individual to maintain or regain an employment outcome in competitive integrated employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. (31) Pre-employment transition services (A) In general The term pre-employment transition services means a coordinated set activities for an eligible student with a disability, designed within an outcome-oriented process, that promotes movement from school to any of the following post-school activities: postsecondary education, vocational training, competitive integrated employment (including supported employment), adult education, adult services, independent living, or community participation. (B) Specific services The term pre-employment transition services means a set of services, that is available to students with disabilities, and that makes available, at a minimum— (i) career counseling; (ii) work-based learning experience, including in-school and after school work experience, or work experience outside the traditional school setting (such as experience through job training or internships), that is provided in an integrated environment to the maximum extent possible; (iii) counseling on opportunities for enrollment in a comprehensive transition or postsecondary educational program at an institution of higher education; (iv) school-based preparatory employment experiences such as role playing, social skills development, and independent living training, coordinated with any transition services provided by the local educational agency under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); and (v) training in self-advocacy, individual rights, self-determination skills, and the informed consent process, as well as peer mentoring. (C) Coordinated set of activities For purposes of subparagraph (A), the coordinated set of activities shall be based on the individual student’s needs, taking into account the student’s preferences and interests, and shall include education and training, community experiences, the development of employment and other adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. ; (10) by redesignating paragraphs (35) through (39) as paragraphs (39) through (43), respectively, and inserting after paragraph (37) (as so redesignated) the following: (38) Student with a disability (A) In general The term student with a disability means an individual with a disability who— (i) attends a secondary school; (ii) (I) is not younger than the earliest age for the provision of transition services under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(A)(i)(VIII) ); and (II) (aa) is not older than 21 years of age; or (bb) if the State law for the State provides for a higher maximum age for receipt of services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), is not older than that maximum age; and (iii) (I) is eligible for, and receiving, special education or related services under part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ); or (II) is an individual with a disability, for purposes of section 504. ; (11) by striking paragraphs (38) and (39), as redesignated by paragraph (12), and inserting the following: (38) Supported employment The term supported employment means an employment outcome in competitive integrated employment, including customized employment, that is consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individuals involved, for individuals with the most significant disabilities— (A) (i) for whom competitive integrated employment has not historically occurred; or (ii) for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability; (B) who, because of the nature and severity of their disability— (i) need intensive supported employment services for the period described in paragraph (39); and (ii) need extended services described in paragraph (13) in order to continue to perform in such work beyond the period described in paragraph (39); and (C) to the extent that on-going extended services, as described in paragraph (13) of this section, are needed, the designated State unit will assist the individual in identifying providers of those services. (39) Supported employment services The term supported employment services means ongoing support services, including customized employment, needed to support and maintain an individual with a most significant disability in an employment, outcome that— (A) are provided singly or in combination and organized and made available in such a way as to assist an eligible individual to succeed in competitive integrated employment; (B) are based on a determination of the needs of an eligible individual, as specified in an individualized plan for employment; and (C) are provided by the designated State unit for a period of not more than 24 months, except that the period may be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for employment. ; and (12) by inserting after paragraph (43) (as so redesignated) the following: (44) Youth with a disability The term youth with a disability means an individual with a disability who— (A) is not younger than 14 years of age; and (B) is not older than 24 years of age. . 405. Administration of the Act Section 12(a)(1) ( 29 U.S.C. 709 ) is amended— (1) by striking (1) and inserting (1)(A) ; and (2) by adding at the end the following: (B) provide technical assistance to the designated State units on developing successful partnerships with local and multi-State businesses to increase the employment of individuals with disabilities; and (C) provide technical assistance to providers and organizations on developing self-employment opportunities and outcomes for individuals with disabilities. . 406. Reports Section 13 ( 29 U.S.C. 710 ) is amended— (1) in section (c)— (A) by striking (c) and inserting (c)(1) ; and (B) by adding at the end the following: (2) The ILA Director described in section 701A shall include, in the annual report, information on the extent to which centers for independent living receiving funds under part C of title VII have complied with the standards and assurances set forth in section 725. The ILA Director may identify individual centers for independent living in the analysis contained in that information. The ILA Director shall include in the report the results of onsite compliance reviews, identifying individual centers for independent living and other recipients of assistance under part C of title VII. ; and (2) by adding at the end the following: (d) (1) (A) The Commissioner shall ensure that the reports, information, and data described in subparagraph (B) are made publicly available in a timely and accessible manner, including through electronic means, in order to inform the public about the administration and performance of programs in each State under this Act. (B) The reports, information, and data referred to in subparagraph (A) shall consist of— (i) reports submitted by a designated State agency or designated State unit under this Act; (ii) accountability information, including State performance information relating to evaluation standards and performance indicators, and additional performance accountability indicators, under section 106, including information on compliance with such standards, indicators, and measures, relating to individuals with disabilities, submitted by a designated State agency or designated State unit under this Act, or submitted by a State to the Secretary of Labor or the Secretary of Education under section 136 of the Workforce Investment Act of 1998; (iii) data collected from each designated State unit under this Act; and (iv) reports from monitoring conducted under this Act, including relevant reports required under section 136 of the Workforce Investment Act of 1998 and other relevant reports, information, and data required under title I of such Act. (C) (i) The Commissioner shall ensure that the information described in clause (ii) is made publicly available in a timely and accessible manner, including through electronic means. (ii) The information referred to in clause (i) is— (I) the reports, information, and data required to be submitted by designated State units or designated State agencies under this Act; (II) evaluations, studies, and audits conducted by Federal agencies, concerning programs carried out under this Act; and (III) a list that specifies the designated State unit or designated State agency for each State, including a link to the website maintained by each such unit or agency. (2) The Commissioner shall maintain public use read-only access to the State and aggregated reports, and analyzed data, concerning programs carried out under this Act, that are filed and maintained in the Rehabilitation Services Administration management information system or a system maintained by the Department of Education. . 407. Evaluation Section 14(f)(2) ( 29 U.S.C. 711(f)(2) ) is amended by striking nonintegrated to integrated employment and inserting nonintegrated to competitive integrated employment . 408. Carryover Section 19 ( 29 U.S.C. 716 ) is amended— (1) in subsection (a), by striking part B of title I and all that follows through including and inserting part B of title I (except the client assistance program funded under section 112), part B of title VI, or chapter 2 and 4 of title VII including ; and (2) by adding at the end the following: (c) Client assistance program; protection and advocacy of individual rights (1) Appropriated amounts Notwithstanding any other provision of law, any funds appropriated for a fiscal year to carry out a grant program under section 112 or 509 (except as provided in section 509(b)), including any funds reallotted during that fiscal year under such grant program, that are not obligated and expended by a recipient prior to the beginning of the succeeding fiscal year, shall remain available for obligation and expenditure by such recipient during such succeeding fiscal year. (2) Program income Notwithstanding any other provision of law, any amount of program income received by a recipient under a grant program under section 112 or 509 in a fiscal year that is not obligated and expended by the recipient prior to the beginning of the succeeding fiscal year, shall remain available until expended. . 409. Traditionally underserved populations Section 21 ( 29 U.S.C. 718 ) is amended in subsection (a), by striking paragraphs (1) and (2) and inserting the following: (1) Racial profile The demographic profile of the United States is changing at an unprecedented rate, with the population of the Nation becoming far more ethnically diverse than in the past. Within the United States, while the rate of increase from 2000 to 2010 for White Americans was 7.9 percent, the rate of increase during that period for racial and ethnic minorities was much higher: 42.0 percent for Latinos, 11.4 percent for African-Americans, and 34.9 percent for Asian-Americans. (2) Rate of disability Ethnic and racial minorities tend to have disabling conditions at a disproportionately high rate. In 2005— (A) among Americans ages 25 through 64, the rate of disability was 17.3 percent; (B) among African-Americans in that age range, the disability rate was more than twice as high, at 21.3 percent; and (C) for American Indians in the same age range, the disability rate was 25.6 percent of the general population. . B Vocational rehabilitation services 411. Declaration of policy; authorization of appropriations (a) Findings; purpose; policy Section 100(a) ( 29 U.S.C. 720(a) ) is amended— (1) in paragraph (1)(C), by striking gainful employment in integrated settings and inserting gainful employment in competitive integrated employment settings ; (2) in paragraph (2)(B), by striking gainful employment and inserting high quality employment that will increase opportunities for economic self-sufficiency ; and (3) in paragraph (3)— (A) in subparagraph (B), by striking gainful employment in integrated settings and inserting competitive integrated employment ; (B) in subparagraph (C)(ii), by striking for the individuals ; and (C) in subparagraph (E), by inserting should before facilitate . (b) Authorization of appropriations Section 100(b)(1) ( 29 U.S.C. 720(b)(1) ) is amended by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . 412. State plans (a) Plan requirements Section 101(a) ( 29 U.S.C. 721(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking to participate and all that follows and inserting to receive funds under this title for a fiscal year, a State shall submit, and have approved by the Secretary and the Secretary of Labor a State plan in accordance with section 112, or a State unified plan in accordance with section 113. The State plan or State unified plan shall include the provisions of a State plan for vocational rehabilitation services, described in this subsection. ; (B) in subparagraph (B)— (i) by striking in the State plan for vocational rehabilitation services, and inserting as part of the vocational rehabilitation services portion of the State plan or State unified plan submitted in accordance with subparagraph (A), ; and (ii) by striking Rehabilitation Act Amendments of 1998 and inserting Workforce Investment Act of 2012 ; and (C) in subparagraph (C)— (i) by striking The State plan shall remain in effect subject to the submission of such modifications and inserting The vocational rehabilitation services portion of the State plan or State unified plan submitted in accordance with subparagraph (A) shall remain in effect until the State is required to submit the plan in accordance with subparagraph (A) or until the submission of such modifications ; and (ii) by striking , until the State submits and receives approval of a new State plan ; (2) in paragraph (2)— (A) in subparagraph (A), by striking The State plan and inserting The State plan for vocational rehabilitation services ; and (B) in subparagraph (B)(ii)— (i) in subclause (III), by striking and at the end; (ii) in subclause (IV), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (V) (aa) has the authority and responsibility within the State to ensure that the funds appropriated under this title are expended only in a manner that is consistent with the purposes of this title; and (bb) the authority and responsibility described in subparagraph (aa) may not be delegated to or performed by another agency, including the designated State agency for the vocational rehabilitation program, and or individual. ; (3) in paragraph (5)— (A) in subparagraph (C), by striking and at the end; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: (D) notwithstanding subparagraph (C), assure that the designated State unit may give priority for the provision of services to those eligible individuals who require specific services or equipment in accordance with an approved individualized plan for employment to maintain an employment outcome under the vocational rehabilitation program; and ; (4) in paragraph (6)(B), by striking to employ and advance in employment and inserting to recruit, employ, and advance in competitive integrated employment ; (5) in paragraph (7)(A)(v)— (A) by striking subclause (I) and inserting the following: (I) a system for the continuing education of rehabilitation professionals and paraprofessionals within the designated State unit, particularly with respect to rehabilitation technology, including training implemented in coordination with entities carrying out State programs under section 4 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003 ); and ; (6) in paragraph (8)— (A) in subparagraph (A), by striking (5)(D) and inserting (5)(E) ; (B) in subparagraph (B)— (i) in the matter preceding clause (i) by striking (5)(D) and inserting (5)(E) ; and (ii) in clause (iv), by striking (5)(D) and inserting (5)(E) ; and (C) in subparagraph (C)(i), by striking (5)(D) and inserting (5)(E) ; (7) in paragraph (10)— (A) in subparagraph (B), by striking annual and all that follows through of 1998 and inserting annual reporting of information, on eligible individuals receiving the services, that is necessary to assess the State's performance on those primary indicators of performance (described in section 136(b)(2)(A) of the Workforce Investment Act of 2012) ; (B) in subparagraph (C)— (i) in the matter preceding clause (i), by inserting , from each individual State, after additional data ; (ii) in clause (i)(II), by striking determined and all that follows and inserting determined to be ineligible for vocational rehabilitation services, and the reason for such determination of ineligibility (disaggregated by type of disability, and age); ; (iii) in clause (ii)— (I) in subclause (I), by striking (5)(D) and inserting (5)(E) ; (II) in subclause (II), by striking and at the end; and (III) by adding at the end the following: (IV) the total number of individuals with ongoing open cases (disaggregated by individuals who are in training settings, and individuals who are in postsecondary education), and the services individuals described in this subclause are receiving; (V) the total number of students with disabilities that are receiving pre-employment transition services, and the total cost for providing those services for each full fiscal year after the date of enactment of the Workforce Investment Act of 2012; (VI) the total number of students with disabilities that are receiving transition services, and the total cost for providing those services for each full fiscal year after the date of enactment of the Workforce Investment Act of 2012; (VII) the number of individuals referred to one-stop centers, as defined in section 134(c) of the Workforce Investment Act of 1998; and (VIII) the number of individuals referred from such one-stop centers to designated State units and the outcomes of such referrals; ; (iv) by striking all of clause (iii) and inserting the following: (iii) the number of applicants and eligible recipients, including the numbers of individuals with significant disabilities, who exited the program carried out under this title and the number who achieved employment outcomes after receiving vocational rehabilitation services, including— (I) the number of youth with disabilities who— (aa) entered postsecondary education and the earnings of such youth who completed postsecondary education, by academic fields; (bb) attained academic levels and job skills needed for employment, such as a high school diploma, certificate, or other educational credential required for the employment outcome specified in the individual’s individualized plan for employment; (cc) entered postsecondary training or programs for apprenticeships registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ); and (dd) the number of youth with disabilities who entered employment; (II) for individuals who obtained an employment outcome with wages— (aa) the average length of time for obtaining employment; (bb) the average earnings of individuals who obtained an employment outcome; (cc) the number who earned the minimum wage rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or another wage level set by the Commissioner, during such employment; and (dd) the number who received employment benefits from an employer during such employment; (III) a comparison, among individuals who obtained employment, of the number of individuals who no longer used public benefits; and (IV) for those individuals who received supported employment services— (aa) the number of individuals who were employed 6 months after receiving such services; (bb) the number of individuals who were employed 12 months after receiving such services; and (cc) the number of individuals who earned wages at not less than the minimum wage rate determined under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) during their employment; and ; and (v) by striking clause (iv) and inserting the following: (iv) (I) the transition from school to postsecondary life, including employment, and achievement of the postsecondary vocational goals, of students with disabilities served under the program carried out under this title; and (II) the provision of supported employment services; and ; (C) in subparagraph (E)(ii), by striking of the State and all that follows and inserting of the State in meeting the standards and indicators established pursuant to section 106. ; and (D) by adding at the end the following: (G) Rules for reporting of data The disaggregation of data under this section shall not be required within a category if the number of participants in a category is insufficient to yield statistically reliable information, or required if the results would reveal personally identifiable information about an individual participant. (H) Comprehensive report The State plan shall specify that the Commissioner will provide an annual comprehensive report that includes the reports and data required under this section, as well as a summary of the reports and data, for each fiscal year. The Commissioner shall submit the report to the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the Senate, not later than 180 days after the end of the fiscal year involved. ; (8) in paragraph (11)— (A) in subparagraph (A)(i)(II), by inserting (including programmatic accessibility and physical accessibility) after program accessibility ; (B) in subparagraph (C)— (i) by inserting the State programs carried out under section 4 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003 ), after including ; (ii) by inserting noneducational agencies serving out-of-school youth, after Agriculture ; and (iii) by striking such agencies and programs and inserting such Federal, State, and local agencies and programs ; (C) in subparagraph (D)— (i) in clause (ii), by striking completion and inserting implementation ; (ii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (iii) by inserting after clause (ii) the following: (iii) identifying options for additional education and training, in order to facilitate the provision of services for youth with disabilities, including transition services for students with disabilities, such as services provided under section 114; ; (D) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (H), respectively; (E) by inserting after subparagraph (D) the following: (E) Coordination with employers The State plan shall contain plans, policies, and procedures for coordination between the designated State units, State workforce investment boards, local workforce investment boards, and employers that provide for building relationships with employers and identifying community-based competitive integrated employment opportunities and career exploration opportunities, in order to facilitate the provision of transition services for youth with disabilities and students with disabilities, such as services provided under section 114; ; (F) in subparagraph (F), as redesignated by subparagraph (E) of this paragraph— (i) by inserting chapter 1 of after part C of ; and (ii) by inserting , as appropriate before the period; (G) by inserting after subparagraph (F), as redesignated by subparagraph (E) of this paragraph, the following: (G) Cooperative agreement regarding individuals eligible for home and community-based waiver programs The State plan shall include an assurance that the designated State unit has entered into a formal cooperative agreement with the State agency responsible for administering the State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) and the State designated agency described in section 125(d) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ) with respect to the delivery of vocational rehabilitation services, including extended services, for individuals with the most significant disabilities who have been determined to be eligible for home- and community-based services under a Medicaid waiver, Medicaid State plan amendment, or other authority related to a State Medicaid program. The agreement shall describe strategies for collaboration and coordination in providing vocational rehabilitation services to such individuals receiving Medicaid home- and community-based services in a manner consistent with the person-centered planning process required by Medicaid. ; (H) in subparagraph (H), as redesignated by subparagraph (E) of this paragraph— (i) in clause (ii)— (I) by inserting on or before near ; and (II) by striking and at the end; (ii) by redesignating clause (iii) as clause (iv); and (iii) by inserting after clause (ii) the following: (iii) strategies for the provision of transition planning, by personnel of the designated State unit, the State educational agency, and the recipient of funds under part C, that will facilitate the development and implementation of the individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)) and, as appropriate, the development and completion of the individualized plans for employment under section 102, in order to enable students with disabilities to achieve employment outcomes; ; and (I) by adding at the end the following: (I) Coordination with assistive technology programs The State plan shall include an assurance that the designated State unit, and the lead agency and implementing entity (if any) designated by the Governor of the State under section 4 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003 ), have developed working relationships and will enter into agreements for the coordination of their activities, including the referral of individuals with disabilities to programs and activities described in that section. (J) Coordination with ticket to work and self-sufficiency program The State plan shall include an assurance that the designated State unit will coordinate activities with any other State agency that is functioning as an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act (42 U.S.C. 1320b–19). ; (9) in paragraph (14)— (A) in the paragraph header, by striking Annual and inserting Semiannual ; (B) in subparagraph (A)— (i) by striking annual and inserting semiannual ; (ii) by striking (and thereafter and all that follows through representative) and inserting , and annually thereafter ; and (iii) by striking to competitive and all that follows and inserting the following: to competitive integrated employment or training for competitive integrated employment; ; (C) in subparagraph (B), by striking and at the end; (D) in subparagraph (C), by striking the individuals described and all that follows and inserting individuals in attaining competitive integrated employment; and ; and (E) by adding at the end the following: (D) an assurance that the State will report the information generated under subparagraphs (A), (B), and (C), for each of the individuals, to the Administrator of the Wage and Hour Division of the Department of Labor for each fiscal year, not later than 60 days after the end of the fiscal year. ; (10) in paragraph (15)— (A) in subparagraph (A)— (i) in clause (i)— (I) in subclause (II), by striking and at the end; and (II) by adding at the end the following: (IV) individuals with disabilities receiving Medicaid home- and community-based waiver habilitation services (reference), including pre-vocational and supported employment services; and (V) youth with disabilities, and students with disabilities, including their need for pre-employment transition services described in section 114 or other transition services; and ; and (ii) by striking clauses (ii) and (iii) and inserting the following: (ii) include an assessment of the needs of individuals with disabilities for transition services and pre-employment transition services provided under this Act, and coordinated with transition services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), and an assessment as to whether the transition and pre-employment transition services provided under those Acts meet the needs of individuals with disabilities. ; (B) in subparagraph (B)— (i) by redesignating clause (iii) as clause (iv); and (ii) by inserting after clause (ii) the following: (iii) the number of individuals who are eligible for services under this title, but are not receiving such services due to an order of selection; and ; and (C) in subparagraph (D)— (i) by redesignating clauses (iii) through (v) as clauses (iv) through (vi); and (ii) by inserting after clause (ii) the following: (iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to postsecondary life (including the receipt of vocational rehabilitation services under this title, postsecondary education, employment, and pre-employment transition services under section 114); ; (11) in paragraph (20)— (A) by redesignating subparagraph (B) as subparagraph (C); and (B) by inserting after subparagraph (A) the following: (B) Information on assistance for beneficiaries of assistance under title II or XVI of the Social Security Act The State plan shall include an assurance that the designated State unit will make available, to individuals entitled to benefits under title II or XVI of the Social Security Act ( 42 U.S.C. 401 et seq. , 1381 et seq.) on the basis of a disability or blindness— (i) information on the availability of benefits and medical assistance authorized under the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), and medical assistance authorized under other federally funded programs; (ii) information on the availability of assistance through benefits planning and assistance programs authorized under section 1149 of the Social Security Act (42 U.S.C. 1320b–20) and services provided by the State protection and advocacy system and authorized under section 1150 of the Social Security Act ( 42 U.S.C. 1320b–21 ); and (iii) in the case of individuals who are also eligible for a ticket under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act ( 42 U.S.C. 1320b–19 ), general information regarding the options for using the ticket and information on how to contact a program manager of the Ticket to Work and Self-Sufficiency Program to obtain information on approved employment networks, on providers for the benefits planning and assistance programs described in clause (ii) in the State, and on the services provided by the State protection and advocacy system and described in clause (ii). ; and (12) by adding at the end the following: (25) Services for students with disabilities The State plan shall provide an assurance satisfactory to the Secretary that, with respect to students with disabilities, the State— (A) has developed and will implement— (i) strategies to address the needs identified in the assessments described in paragraph (15); and (ii) strategies to achieve the goals and priorities identified by the State, in accordance with paragraph (15), to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis; and (B) has developed and will implement a plan to carry out the provision of pre-employment transition services in accordance with section 114. (26) Job growth and development The State plan shall provide an assurance describing how the State will utilize initiatives involving in-demand industry sectors or occupations as defined in section 101 of the Workforce Investment Act of 2012 to increase competitive integrated employment opportunities for individuals with disabilities. . (b) Approval Section 101(b) ( 29 U.S.C. 721(b) ) is amended to read as follows: (b) Submission; approval; modification The State plan for vocational rehabilitation services shall be subject to— (1) section 112 of the Workforce Investment Act of 1998, in a case in which that plan is a portion of the State plan described in that section 112; and (2) section 113 of such Act in a case in which that State plan for vocational rehabilitation services is a portion of the State unified plan described in that section 113. . (c) Construction Section 101 ( 29 U.S.C. 721 ) is amended by adding at the end the following: (c) Construction Nothing in this part shall be construed to reduce the obligation of a local educational agency or any other agency to provide or pay for any transition services that are allowable under the programs of the respective agencies. . 413. Eligibility and individualized plan for employment (a) Eligibility Section 102(a) ( 29 U.S.C. 722(a) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) in the subparagraph header, by striking Demonstration and inserting Applicants ; and (ii) by striking , unless and all that follows and inserting a period; and (B) in subparagraph (B)— (i) in the subparagraph header, by striking Methods and inserting Responsibilities ; (ii) in the first sentence— (I) by striking In making the demonstration required under subparagraph (A), and inserting Prior to determining under this subsection that an applicant described in subparagraph (A) is unable to benefit due to the severity of the individual's disability or that the individual is ineligible for vocational rehabilitation services, ; and (II) by striking , except under and all that follows and inserting a period; and (iii) in the second sentence, by striking individual or to determine and all that follows and inserting individual. In providing the trial experiences, the designated State unit shall provide the individual with the opportunity to try different employment experiences, including supported employment, and the opportunity to become employed in competitive integrated employment. ; (2) in paragraph (3)(A)(ii), by striking outcome from and all that follows and inserting outcome, including supported employment, from vocational rehabilitation services due to the current (as of the date of the determination) severity of the disability of the individual. ; (3) in paragraph (5)— (A) in the matter preceding subparagraph (A)— (i) by striking If an individual and inserting If, after the designated State unit carries out the activities described in paragraph (2)(B), a review of existing data, and, to the extent necessary, the assessment activities described in section 7(2)(A)(ii), an individual ; and (ii) by striking is determined and all that follows through not to be and inserting is determined not to be ; (B) by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively; (C) by inserting before subparagraph (B) the following: (A) the ineligibility determination shall be an individualized one, based on the available data, and shall not be based on disability category; ; and (D) in clause (i) of subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by inserting after determination the following: , including clear and convincing evidence that forms the basis for the determination of ineligibility ; and (4) in paragraph (6), by striking 60 days each place it appears and inserting 45 days . (b) Development of an individualized plan for employment, and related information Section 102(b) ( 29 U.S.C. 722(b) )— (1) in paragraph (1)— (A) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), and (D), and (E), respectively; and (B) by inserting after subparagraph (A) the following: (B) information on the availability of assistance from consumer organizations, as defined in section 106(a)(4) (including a listing of such organizations) that can assist an individual in the development of an individualized plan for employment; ; (2) in paragraph (3), as redesignated by paragraph (2) of this subsection— (A) in subparagraph (E)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iii) amended, as necessary, to include the post-employment services and service providers that are necessary for the individual to maintain or regain employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. ; and (B) by adding at the end the following: (F) Timeframe for completing the individualized plan for employment The individualized plan for employment shall be developed as soon as possible, but not later than a deadline of 90 days after the date of the determination of eligibility described in paragraph (1), unless the designated State unit and the eligible individual agree to an extension of that deadline to a specific date by which the individualized plan for employment shall be completed. (G) Failure to develop the individualized plan for employment within the specified timeframe In the event the individualized plan for employment is not completed by the deadline or extended deadline, as appropriate, under subparagraph (F), the eligible individual shall have the right to request both mediation and an impartial due process hearing according to the procedures described in subsection (c). At such hearing, the hearing officer shall have the authority to order the designated State unit to complete the individualized plan for employment within a specific period of time, not to exceed 60 days from the date of the decision, in addition to any other authority given to the officer under this section. ; and (3) in paragraph (3)— (A) in subparagraph (A), by striking choice of the and all that follows and inserting choice of the eligible individual, consistent with the employment outcome of competitive integrated employment (except that in the case of an eligible individual who is a student, the description may be a description of the student's projected employment outcome); ; (B) in subparagraph (B)(i)— (i) by redesignating subclause (II) as subclause (III); and (ii) by striking subclause (I) and inserting the following: (I) needed to achieve the employment outcome, including, as appropriate— (aa) the provision of assistive technology devices and assistive technology services (including referrals described in section 103(a)(3) to the device reutilization programs and demonstrations described in subparagraphs (B) and (D) of section 4(e)(2) of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003(e)(2) )) through agreements developed under section 101(a)(11)(H); and (bb) personal assistance services (including training in the management of such services); (II) in the case of a plan for an eligible individual that is a student, the specific transition services and supports (including work experience, mentoring activities, and supported employment) needed to achieve the student's employment outcome or projected employment outcome; and ; (C) in subparagraph (F), by striking and at the end; (D) in subparagraph (G), by striking the period and inserting ; and ; and (E) by adding at the end the following: (H) for an individual who also is receiving assistance from an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act ( 42 U.S.C. 1320b–19 ), a list of the services that are listed in the individual work plan that the individual developed with the employment network under subsection (g) of that section, and a description of how responsibility for service delivery will be divided between the employment network and the designated State unit in accordance with the agreement between the two parties required under the Ticket to Work and Self-Sufficiency Program. . (c) Procedures Section 102(c) ( 29 U.S.C. 722(c) ) is amended— (1) in paragraph (1), by adding at the end the following: These procedures also shall allow for the review of any delay in the vocational rehabilitation process. ; (2) in paragraph (2)— (A) in subparagraph (A)— (i) in clause (ii), by striking and at the end; (ii) in clause (iii), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iv) any applicable State limit on the time by which a request for mediation under paragraph (4) or a hearing under paragraph (5) shall be made, and any required procedure by which the request shall be made. ; and (B) in subparagraph (B)(iii), by inserting the denial, before reduction, ; and (3) in paragraph (5)— (A) by striking subparagraph (A) and inserting the following: (A) Officer A due process hearing described in paragraph (2) shall be conducted by an impartial hearing officer who, on reviewing all the evidence presented, shall issue a written decision based on the provisions of the approved State plan, requirements specified in this Act (including regulations implementing this Act), and State regulations and policies that are consistent with the Federal requirements specified in this title. The officer shall provide the written decision to the applicant or eligible individual, or, as appropriate, the applicant’s representative or individual’s representative, and to the designated State unit. The impartial hearing officer shall have the authority to render a decision and require actions, consistent with the requirements specified in this title (including regulations implementing this title), regarding all aspects of the applicant's or eligible individual's vocational rehabilitation services under this title. ; and (B) in subparagraph (B), by striking in laws (including regulations) and inserting about Federal and State laws (including regulations) and the approved State plan . 414. Vocational rehabilitation services Section 103 ( 29 U.S.C. 723 ) is amended— (1) in subsection (a)— (A) by striking paragraph (15) and inserting the following: (15) transition services for students with disabilities, that facilitate the transition from school to postsecondary life, such as achievement of an employment outcome in competitive integrated employment, or pre-employment transition services described in section 114; ; (B) by redesignating paragraphs (17) and (18) as paragraphs (18) and (19), respectively; (C) by inserting after paragraph (16) the following: (17) customized employment services; ; (D) in paragraph (18), as redesignated by subparagraph (C) of this paragraph, by striking the and at the end; (E) in paragraph (19), as redesignated by subparagraph (C) of this paragraph, by striking the period and inserting ; and ; and (F) by adding at the end the following: (20) mentoring services. ; and (2) in subsection (b)— (A) in paragraph (2)(A), by striking the second sentence and inserting Such programs shall be used to provide services that promote integration into the community and that result in competitive integrated employment, including supported employment and customized employment. ; and (B) by striking paragraph (6) and inserting the following: (6) Consultation and technical assistance services to assist State educational agencies and local educational agencies in planning for the transition of students with disabilities from school to postsecondary life, including employment. . 415. State Rehabilitation Council Section 105 ( 29 U.S.C. 725 ) is amended— (1) in subsection (b)(1)— (A) in subparagraph (A)— (i) by striking clause (ix) and inserting the following: (ix) in a State in which one or more projects are funded under section 121 and in which such services are provided through those projects, at least one representative of the directors of the projects located in such State; ; (ii) in clause (x), by striking and at the end; (iii) in clause (xi), by striking the period and inserting ; and ; and (iv) by adding at the end the following: (xii) the director of the State's comprehensive statewide program of technology-related assistance funded under section 4 of the Assistive Technology Act of 1998 (29 U.S.C. 3003). ; and (B) in subparagraph (B)— (i) in clause (xi), by striking and at the end; (ii) in clause (xii), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (xiii) the director of the State's comprehensive statewide program of technology-related assistance funded under section 4 of the Assistive Technology Act of 1998 (29 U.S.C. 3003). ; and (2) in subsection (c)(6), by striking Service Act and all that follows and inserting Service Act ( 42 U.S.C. 300x–3(a) ) and the State workforce investment board, and with the activities of entities carrying out programs under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.); . 416. Performance accountability measures Section 106 ( 29 U.S.C. 726 ) is amended— (1) by striking subsection (a) and inserting the following: (a) In general (1) Standards and indicators The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this title shall be subject to the performance accountability provisions described in section 136(b) of the Workforce Investment Act of 2012. (2) Additional performance accountability indicators (A) In general Subject to subparagraph (B), the Commissioner may establish through regulation additional performance accountability indicators, which may include outcome and related measures of program performance. (B) Comment Such additional performance accountability indicators shall be developed with input from State vocational rehabilitation agencies, related professional and consumer organizations, recipients of vocational rehabilitation services, and other interested parties. (3) Reports Each State that receives funds under this title shall submit a report to the Commissioner containing information on any additional performance accountability indicators established under paragraph (2). (4) Consumer organization In this subsection, the term consumer organization means a membership organization, or disability advocacy group, for which a majority of the members of the board of directors of the organization or group are individuals with disabilities or family members of individuals with disabilities. ; and (2) in subsection (b)(2)(B), by striking clause (i) and inserting the following: (i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State to make revisions to the plan to improve performance; and . 417. Monitoring and review (a) In general Section 107(a) (29 U.S.C. 727(a)) is amended— (1) in paragraph (3)(E), by inserting before the period the following: , including personnel of a client assistance program under section 112, and past or current recipients of vocational rehabilitation services ; and (2) in paragraph (4)— (A) by striking subparagraphs (A) and (B) and inserting the following: (A) (i) the eligibility process to ensure compliance with the requirements set forth in section 102(a); and (ii) implementation of an order of selection, if applicable, to ensure compliance with the requirements set forth in section 101(a)(5); and (B) the provision of services to ensure compliance with section 103; ; (B) in subparagraph (C), by striking and at the end; (C) by redesignating subparagraph (D) as subparagraph (E); and (D) by inserting after subparagraph (C) the following: (D) data on individuals determined to be ineligible for services due to severity of their disability, to determine if systematic changes could result in increased capacity to meet the needs of such individuals; and . (b) Review Section 107(d) of the Rehabilitation Act of 1973 ( 29 U.S.C. 727(d) ) is amended, in paragraphs (1) and (2), by striking a final determination of the Commissioner under section 101(b) or subsection (c) and inserting a final determination on a State plan for vocational rehabilitation services under the procedures referenced in section 101(b), or a final determination by the Commissioner under subsection (c) . 418. Training and services for employers Section 109 ( 29 U.S.C. 728a ) is amended to read as follows: 109. Training and services for employers A State may expend payments received under section 111 to educate and provide services to employers who have hired or are interested in hiring individuals with disabilities under programs carried out under this title, including— (1) providing training and technical assistance to employers regarding the employment of individuals with disabilities, including disability awareness, and the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) and other employment-related laws; (2) working with employers to— (A) provide opportunities for work-based learning experience (including internships, short-term employment, apprenticeships, and fellowships), such as opportunities in conjunction with pre-employment transition services; (B) recruit qualified applicants with disabilities; (C) train employees with disabilities; and (D) promote retention of employees who are at risk of losing a job due to disability-related barriers; (3) providing consultations, technical assistance, and support to employers on workplace accommodations, assistive technology, and facilities and workplace access; (4) assisting employers with utilizing available financial support, including tax credits and deductions available for hiring or accommodating individuals with disabilities; and (5) supporting the development of working relationships between State vocational rehabilitation agencies, the workforce investment system, their community partners, and employers on multi-State and national levels, including— (A) encouraging employers to recruit qualified individuals with disabilities for available employment opportunities; (B) facilitating such recruitment by disseminating information about specific available employment opportunities to qualified individuals who are recipients of vocational rehabilitation services under this subtitle, or who are applicants for such services; (C) matching qualified individuals who are recipients of vocational rehabilitation services under this subtitle, or who are applicants for such services, with employers that have available employment opportunities on the local, regional, or national level; and (D) providing support services, as appropriate, to employers to facilitate the hiring of qualified individuals who are recipients of vocational rehabilitation services under this subtitle, or who are applicants for such services. . 419. State allotments (a) In general Section 110 (29 U.S.C. 730) is amended— (1) in subsection (a)(1), by striking Subject to the provisions of subsection (c) and inserting Subject to the provisions of subsections (c), (d), and (e), and section 303(d) ; and (2) by striking subsections (b) and (c) and inserting the following: (b) (1) Not later than 45 days prior to the end of the fiscal year, the Commissioner shall determine, after reasonable opportunity for the submission to the Commissioner of comments by the State agency administering or supervising the program established under this title, whether any amount from the payment of an allotment to a State under section 111(a) for any fiscal year will not be utilized by such State in carrying out the purposes of this title. (2) (A) As soon as practicable but not later than the end of the fiscal year, the Commissioner shall reallot the amount available under paragraph (1) to other States, consistent with subparagraphs (B) and (C), for carrying out the purposes of this title to the extent the Commissioner determines that another State will be able to use an additional amount, during that fiscal year or the subsequent fiscal year for carrying out such purposes. (B) (i) The Commissioner shall reallot a portion of the amount available under paragraph (1) for a fiscal year to each State whose allotment under subsection (a) for such fiscal year is less than such State's allotment under subsection (a) for the immediately preceding fiscal year, adjusted by the percentage change in the funds available for subsection (a) from the immediately preceding fiscal year. (ii) (I) Subject to subclause (II), a State that is eligible to receive a reallotment under clause (i) shall receive a portion for a fiscal year from the amount available for reallotment under paragraph (1) that is equal to the difference between— (aa) the amount such State was allotted under subsection (a) for such fiscal year; and (bb) the amount such State was allotted under subsection (a) for the immediately preceding fiscal year, adjusted by the percentage change in the funds available for subsection (a) from the immediately preceding fiscal year. (II) If the amount available for reallotment under paragraph (1) is insufficient to provide each State eligible to receive a reallotment under clause (i) with the portion described in subclause (I), the amount reallotted to each eligible State shall be determined by the Commissioner. (C) If there are funds remaining after each State eligible to receive a reallotment under subparagraph (B)(i) receives the portion described in subparagraph (B)(ii), the Commissioner shall reallot the remaining funds among the States requesting a reallotment. (3) The Commissioner shall reallot an amount to a State under this subsection only if the State will be able to make sufficient payments from non-Federal sources to pay for the non-Federal share of the cost of vocational rehabilitation services under the State plan for the fiscal year for which the amount was appropriated. (4) For the purposes of this part, any portion made available to a State for any fiscal year pursuant to this subsection shall be regarded as an increase of such State's allotment (as determined under the preceding provisions of this section) for such year. (c) (1) For fiscal year 2012 and for each fiscal year thereafter, the Commissioner shall reserve, from the funds appropriated under section 100(b)(1) for each fiscal year, an amount that is not less than 1.23 percent and not more than 1.5 percent of those funds in order to carry out section 121, provided that the minimum percentage that may be reserved shall increase by 0.01 percent for each succeeding fiscal year after fiscal year 2012. (2) Notwithstanding paragraph (1), there shall be no increase in the minimum percentage of funds reserved under paragraph (1) unless there is an equivalent increase in the funds appropriated under section 100(b)(1). . (b) Reservation for Transition and Pre-Employment Transition Services Section 110 ( 29 U.S.C. 730 ) is amended by adding at the end the following: (d) From any State allotment under subsection (a) for a fiscal year, the State shall reserve not less than 10 percent of the allotted funds for the provision of transition services to assist students with disabilities and youth with disabilities in transitioning from education or training to employment, which includes pre-employment transition services under section 114. . 420. Client Assistance Program Section 112 ( 29 U.S.C. 732 ) is amended— (1) in subsection (a), in the first sentence— (A) by striking grants to States and inserting grants to agencies designated under subsection (c) (referred to individually in this section as a designated CAP agency ) ; (B) by inserting including under sections 114, after all available benefits under this Act, ; and (C) by inserting and eligibility after to ensure the protection of the rights ; (2) in subsection (b), by striking the matter preceding paragraph (1) and inserting Neither an agency within the State, nor the State, may receive payments from an allotment under subsection (e) in any fiscal year unless the State has designated under subsection (c) an agency that— ; (3) in subsection (c)— (A) in paragraph (2), by inserting (as defined in section 106(a)) after consumer organizations ; and (B) in paragraph (3), by striking agency designated under this subsection and inserting designated CAP agency ; (4) in subsection (d), by striking agency designated under subsection (c) of this section and inserting designated CAP agency ; (5) in subsection (e)— (A) in paragraph (1)— (i) by striking subparagraph (A) and inserting the following: (A) After reserving funds under subparagraphs (E) and (F), the Secretary shall allot the remainder of the sums appropriated for each fiscal year under this section among the designated CAP agencies within the States on the basis of relative population of each State, except that no such agency shall receive less than $50,000. ; (ii) in subparagraph (B), by inserting the designated CAP agencies located in before American Samoa ; and (iii) by striking subparagraph (D) and inserting the following: (D) (i) For any fiscal year for which the funds appropriated for such fiscal year under subsection (h) exceed $7,500,000, the minimum allotment under this subsection shall be $100,000 for the designated CAP agencies located in States and $45,000 for the designated CAP agencies located in territories. (ii) For any fiscal year for which the total amount appropriated under subsection (h) exceeds the total amount appropriated under such subsection (or the corresponding provision) for the preceding fiscal year, the Secretary shall increase each of the minimum allotments under clause (i) by a percentage that shall not exceed the percentage increase, calculated by dividing such total amount for the fiscal year involved by such total amount for the preceding fiscal year. (E) (i) For any fiscal year for which the amount appropriated under subsection (h) equals or exceeds $13,000,000, the Secretary shall reserve funds appropriated under subsection (h) to make a grant to the protection and advocacy system serving the American Indian Consortium, to provide designated CAP agency services in accordance with the requirements of this section. The amount of such a grant shall be the same amount as is provided to a territory under subparagraph (B), as increased under clauses (i) and, if applicable, (ii) of subparagraph (D). (ii) In this subparagraph: (I) The term American Indian Consortium has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002). (II) The term protection and advocacy system means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ). (F) For any fiscal year for which the amount appropriated under subsection (h) equals or exceeds $14,000,000, the Secretary shall reserve not less than 1.8 percent and not more than 2.2 percent of such amount to provide a grant for training and technical assistance for the programs established under this section. Such training and technical assistance shall be coordinated with activities provided under section 509(c)(1)(A). ; (B) in paragraph (2)— (i) except as provided in clause (ii), by striking State each place it appears and inserting designated CAP agency ; and (ii) by striking States each place it appears and inserting designated CAP agencies ; and (C) in paragraph (3), by striking agency designated and all that follows and inserting designated CAP agency the amount specified in the application approved under subsection (f). ; (6) in subsection (f), by striking State and inserting designated CAP agency ; (7) in paragraph (1) of subsection (g), by striking such programs and inserting the designated CAP agency of a State ; and (8) in subsection (h), by striking 1999 through 2003 and inserting 2013 through 2017 . 421. Technical assistance for quality services Part B of title I ( 29 U.S.C. 730 et seq. ), is amended by adding at the end the following: 113. Additional technical assistance The Commissioner shall provide technical assistance for programs provided under this title regarding improving the quality of vocational rehabilitation services provided through the programs, including— (1) consulting with the Department of Labor, the Small Business Administration, other appropriate Federal agencies, State and local workforce investment boards, and businesses or business-led intermediaries; (2) based on information obtained through the consultations, providing— (A) technical assistance that improves quality by enabling designated State units to develop successful partnerships with local and multi-State businesses in an effort to employ individuals with disabilities; and (B) technical assistance on developing self-employment opportunities and improving employment outcomes for individuals with disabilities; and (3) providing technical assistance to improve the quality of vocation rehabilitation services programs carried out under section 121. . 422. Pre-employment transition services Part B of title I ( 29 U.S.C. 730 et seq. ), as amended by section 521, is further amended by adding at the end the following: 114. Provision of pre-employment transition services for students with disabilities (a) In general From the funds reserved under section 110(d), and funds made available from State, local, and private funding sources (consistent with requirements that apply to the acceptance and use of such funds), each State shall ensure that— (1) the designated State unit shall provide, or arrange for the provision of, pre-employment transition services for all students with disabilities who are in need of such services; and (2) the designated State unit will not expend more than 5 percent of the funds reserved to carry out this section to pay for the administrative costs associated with providing pre-employment transition services under this section. (b) Local pre-Employment transition coordinator (1) Coordinator Each local office of a designated State unit shall designate at least 1 staff person to carry out the responsibilities of a Local Pre-Employment Transition Coordinator for students with disabilities, as well as appropriate staff to support the Coordinator in carrying out the responsibilities as described in paragraph (2). (2) Responsibilities It shall be the responsibility of a Local Pre-Employment Transition Coordinator to— (A) attend individualized education program meetings, as appropriate, for students with disabilities; (B) work with the local workforce investment boards, one-stop centers, and employers to develop job opportunities for students with disabilities, including internships, summer employment opportunities and other employment opportunities available throughout the school year, and apprenticeships; and (C) work with schools, including those carrying out activities under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)), to coordinate and ensure the provision of pre-employment transition services for students with disabilities, including services described in clauses (i) through (v) of section 7(30)(B). (c) National pre-Employment transition coordination (1) In general The Secretary of Education and the Secretary of Labor shall each designate a lead staff person to fulfill the responsibilities of a National Pre-Employment Transition Coordinator for Students with Disabilities. The National Pre-Employment Transition Coordinators shall work cooperatively, and with other Federal agencies including the Corporation for National and Community Service, to develop and coordinate— (A) agency policies related to pre-employment transition services; and (B) resources to increase job opportunities for students with disabilities, including internships, summer employment opportunities and other employment opportunities available throughout the school year, and apprenticeships. (2) Construction Nothing in this subsection shall be construed to prohibit either Secretary from assigning additional responsibilities, other than the responsibilities described in this subsection, to a staff person designated under this subsection. . 423. American Indian vocational rehabilitation services Section 121 ( 29 U.S.C. 741 ) is amended— (1) in subsection (a), in the first sentence, by inserting before the period the following: (referred to in this section as eligible individuals ), consistent with such eligible individuals' strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high quality employment that will increase opportunities for economic self-sufficiency ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by striking and at the end; (ii) in subparagraph (C), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (D) contains assurances that— (i) all decisions affecting eligibility for vocational rehabilitation services, the nature and scope of available vocational rehabilitation services, and the provision of such services, will be made by a representative of the tribal vocational rehabilitation program funded through the grant; and (ii) such decisions will not be delegated to another agency or individual. ; and (B) by striking paragraphs (3) and (4) and inserting the following: (3) If an application is approved under this part for a grant, the resulting grant shall be for 5 years, if the grant recipient complies with the program requirements for the program carried out under this part (including the regulations promulgated for the program). The grant shall be renewed for additional 5-year periods if the Commissioner determines that the grant recipient demonstrated acceptable past performance and the grant recipient submits, and obtains approval by the Commissioner, for a plan, including a proposed budget, that identifies future performance criteria, goals, and objectives. The State shall continue to provide vocational rehabilitation services under the State plan to American Indians residing on or near a reservation whenever such State includes any such American Indians in its State population under section 110(a)(1). (4) In allocating funds for grants under this part, the Secretary shall give priority to paying the continuation costs of projects in existence on the date of the allocation and may provide for increases in funding for such projects that the Secretary determines to be necessary. ; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following: (c) (1) From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2012, the Commissioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide training and technical assistance to governing bodies described in subsection (a) for such fiscal year. (2) From the funds reserved under paragraph (1), the Commissioner shall make grants to, and enter into contracts and other arrangements with, entities that have experience in the operation of vocational rehabilitation services programs under this section to provide such training and technical assistance with respect to developing, conducting, administering, and evaluating such programs. (3) The Commissioner shall conduct a survey of the governing bodies regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, or other arrangements. (4) To be eligible to receive a grant or enter into a contract or other arrangement under this section, such an entity shall submit an application to the Commissioner at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the Commissioner may require. The Commissioner shall provide for peer review of grant applications by panels that include persons who are not government employees and who have experience in the operation of vocational rehabilitation services programs under this section. . C Research and Training 431. Purpose Section 200 ( 29 U.S.C. 760 ) is amended— (1) in paragraph (1), by inserting technical assistance, after training, ; (2) in paragraph (2), by inserting technical assistance, after training, ; (3) in paragraph (3)— (A) in the matter preceding subparagraph (A)— (i) by inserting , use, and adoption after transfer ; and (ii) by inserting in a timely and efficient manner, after disabilities ; and (B) in subparagraph (D), by inserting and dissemination of research findings to individuals with disabilities and other interested entities after technology ; (4) in paragraph (5), by striking and after the semicolon; (5) in paragraph (6), by striking the period and inserting ; and ; and (6) by adding at the end the following: (7) identify effective strategies for supporting the employment of individuals with disabilities in competitive integrated employment. . 432. Authorization of appropriations Section 201(a) ( 29 U.S.C. 761(a) ) is amended— (1) in paragraph (1), by striking 1999 through 2003 and inserting 2013 through 2017 ; and (2) in paragraph (2), by striking 1999 through 2003 and inserting 2013 through 2017 . 433. National Institute on Disability and Rehabilitation Research Section 202 ( 29 U.S.C. 762 ) is amended— (1) in subsection (a)(1)(A)— (A) in clause (ii), by striking and training; and and inserting , training, and technical assistance; ; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: (iii) knowledge translation and dissemination; and ; (2) in subsection (b)— (A) in paragraph (3), by striking in rehabilitation and inserting on disability and rehabilitation ; (B) in paragraph (4)— (i) in the matter preceding subparagraph (A), by inserting education, health and health care, after independent living, ; and (ii) by striking subparagraphs (A) through (D) and inserting the following: (A) public and private entities, including— (i) elementary schools and secondary schools (as defined in section 9101 of the Elementary and Secondary Education Act of 1965); (ii) institutions of higher education; and (iii) nongovernmental agencies and organizations; (B) rehabilitation practitioners; (C) employers and organizations representing employers with respect to employment-based educational materials or research; (D) individuals with disabilities (especially such individuals who are members of minority groups or of populations that are unserved or underserved by programs under this Act); (E) the individuals' representatives for the individuals described in subparagraph (D); and (F) the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Appropriations of the Senate, the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, and the National Council on Disability; . (C) in paragraph (6)— (i) by inserting disability and after advances in ; and (ii) by inserting education, health and health care, after independent living, ; (D) in paragraph (7), by striking taking whatever action is necessary to keep the Congress fully and currently informed and inserting reporting to Congress on a continuing and yearly basis ; (E) in paragraph (8), by striking health, income, and inserting health and health care, income, education, ; (F) in paragraph (10), by striking and telecommuting; and and inserting , supported employment (including customized employment), and telecommuting; ; (G) in paragraph (11), by striking the period and inserting ; and ; and (H) by adding at the end the following: (12) ensuring that the research activities and findings, demonstration projects, reports, evaluations, studies, information described in this section, as well as information about any reports in progress, will be made publicly available in a timely manner, including through electronic means (such as the website of the Department of Education and other relevant government agency websites) in order to inform the public about the research and activities performed under this title. ; (3) in subsection (d)(1), in the second sentence, by inserting before the period the following: , and shall not be an employee of the Department of Education during the 90-day period before such appointment ; (4) in subsection (f)(1), by striking the second sentence and inserting the following: The scientific peer review shall be conducted by individuals who are not Department of Education employees, who are scientists or other experts in the disability and rehabilitation field (including the independent living field), including individuals with disabilities and the individuals’ representatives, and who have sufficient knowledge to review applications for the financial assistance. Such panel shall include a member of the covered school community (for any activity resulting in educational materials or a product to be used in a covered school), a member of the business community (for an activity resulting in a product to be used in an employment activity), a member of the assistive technology community (for an activity relating to assistive technology), and an accessible electronic and information technology vendor or manufacturer (for an activity relating to accessible electronic and information technology). The peer review panel shall include a director of a designated State unit for a panel that considers research related to the operation or administration of the vocational rehabilitation program. ; (5) in subsection (h)— (A) in paragraph (1)(A)— (i) by inserting disability and after priorities for ; and (ii) by inserting dissemination, after training, ; and (B) in paragraph (2)(A), by striking , especially in the area of employment ; (6) by redesignating subsections (i), (j), and (k), as subsections (j), (k), and (l), respectively; (7) by inserting after subsection (h) the following: (i) (1) The Director shall determine if entities that received financial assistance under this title are complying with the applicable requirements of this Act and achieving measurable goals, described in section 204(d)(2), that are consistent with the requirements of the programs under which the entities received the financial assistance. (2) To assist the Director in carrying out the responsibilities described in paragraph (1), the Director shall require recipients of financial assistance under this title to submit relevant information to evaluate program outcomes with respect to the measurable goals described in section 204(d)(2) pursuant to section 75.118 of title 34, Code of Federal Regulations. ; (8) in subsection (k), as redesignated by paragraph (6), by striking paragraph (3); and (9) by striking subsection (l), as redesignated by paragraph (6), and inserting the following: (l) The Director shall make grants to institutions of higher education for the training of rehabilitation researchers, including individuals with disabilities and traditionally underserved populations of individuals with disabilities, as described in section 21, with particular attention to research areas that— (1) support the implementation and objectives of this Act; and (2) improve the effectiveness of services authorized under this Act. (m) (1) Not later than December 31 of each year, the Director shall prepare, and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives, a report on the activities funded under this title. (2) The report under paragraph (1) shall include— (A) a compilation and summary of the information provided by recipients of financial assistance for such activities under this title; (B) a summary of recipients of financial assistance received under this title and the progress of the recipients of financial assistance in achieving the measurable goals described in section 204(d)(2); and (C) a summary of practical implications of research outcomes and anticipated next steps. (n) (1) If the Director determines that an entity that receives financial assistance under this title fails to comply with the applicable requirements of this Act, or to make progress toward achieving the measurable goals described in section 204(d)(2), with respect to the covered activities involved, the Director shall enact monitoring and enforcement measures pursuant to section 75.253 of title 34, Code of Federal Regulations. (2) As part of the annual report required under subsection (m), the Secretary shall describe each action taken by the Secretary under paragraph (1) and the outcomes of such action. . 434. Interagency Committee Section 203 (29 U.S.C. 763) is amended— (1) in subsection (a)(1)— (A) by striking and cooperation and inserting , cooperation, and collaboration ; (B) by inserting disability and after agencies conducting ; (C) by inserting the Chairman of the National Council on Disability, the Assistant Secretary for Disability Employment Policy, the Secretary of Defense, the Director of the Office on Disability of the Department of Health and Human Services, after Assistant Secretary for Special Education and Rehabilitative Services, ; and (D) by striking and the Director of the National Science Foundation. and inserting the Director of the National Science Foundation, the Secretary of Commerce, and the Administrator of the Small Business Administration. ; (2) in subsection (b)— (A) in paragraph (1), by striking from targeted individuals and inserting individuals with disabilities and their representatives ; and (B) in paragraph (2)— (i) by striking subparagraphs (A) and (B) and inserting the following: (A) share information regarding the range of assistive technology research, rehabilitation research, and research that incorporates the principles of universal design, that is being carried out by members of the Committee and other Federal departments and organizations; (B) identify and make efforts to address, gaps in assistive technology research, rehabilitation research, and research that incorporates the principles of universal design, that are not being adequately addressed; ; (ii) in subparagraph (D)— (I) by striking and research that incorporates the principles of universal design and inserting , rehabilitation research, and research that incorporates the principles of universal design ; and (II) by striking and after the semicolon; and (iii) in subparagraph (E), by striking and research that incorporates the principles of universal design. and inserting , rehabilitation research, and research that incorporates the principles of universal design; and ; (3) by striking subsection (d); (4) by redesignating subsection (c) as subsection (d); (5) by inserting after subsection (b) the following: (c) (1) Not later than 2 years after the date of enactment of the Workforce Investment Act of 2012, and periodically thereafter, the Committee shall host a disability and rehabilitation research summit, for the purposes of establishing a research agenda to ensure projects are relevant and applicable, bringing together policymakers, representatives from Federal agencies conducting disability and rehabilitation research, nongovernmental funders of rehabilitation research, and organizations representing individuals with disabilities, researchers, and providers. (2) Based on the proceedings of the summit described in paragraph (1), the Committee shall develop a comprehensive Government-wide strategic plan for disability and rehabilitation research. The strategic plan shall include measurable goals and objectives, action-oriented measures, timetables, budgets, and assignment of responsible individuals and agencies for carrying out research activities. At a minimum, the strategic plan shall include— (A) research priorities and recommendations; (B) the development of a searchable Government-wide inventory of disability and rehabilitation research for trend and data analysis across Federal agencies; (C) a set of guiding principles and policies and procedures for conducting and administering disability and rehabilitation research across Federal agencies; and (D) a summary of underemphasized and of duplicative areas of research. (3) Not later than 90 days after the conclusion of the summit described in paragraph (1), the strategic plan described in paragraph (2) shall be submitted to the President and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. (4) The annual report prepared by the Committee under subsection (d) shall include an annual accounting of the progress made in implementing the strategic plan described in paragraph (2), including achievement of measurable goals and objectives, timetables, budgets, and the assignment of responsible individuals and agencies. (5) The Committee shall have the authority to facilitate collaborative projects among Federal agencies by receiving the transfer of funds from such agencies. ; (6) in subsection (d), as redesignated by paragraph (4), by striking paragraph (1) and inserting the following: (1) describes the progress of the Committee in fulfilling the duties described in subsections (b) and (c), and including specifically for subsection (c)— (A) a report of the progress made in implementing the strategic plan; (B) a description of the achievement of measurable goals, objectives, and timetables; (C) detailed budgetary information; and (D) the assignment of responsible individuals and agencies. ; and (7) in subsection (e)— (A) in paragraph (1), by striking and after the semicolon; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) the term rehabilitation research means research on issues and topics related to attaining maximum self sufficiency and function by individuals with disabilities, including research on assistive technology and universal design, employment, education, health and function, and community integration and participation. . 435. Research and other covered activities Section 204 ( 20 U.S.C. 764 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting have practical real life applications and before maximize ; and (ii) by striking employment, independent living, and inserting employment, education, independent living, health and health care, ; (B) in paragraph (2)— (i) in subparagraph (A), by inserting and from which the research findings can be transferred to practice after State agencies ; and (ii) in subparagraph (B)— (I) by striking clause (ii) and inserting the following: (ii) studies and analysis of policies and the interaction of how particular factors (industrial, vocational, educational, employment, social, recreational, psychiatric, psychological, economic, and health and health care), including for traditionally underserved populations as described in section 21, affect the rehabilitation of individuals with disabilities; ; (II) in clause (iii), by striking are homebound and inserting have significant challenges attempting to engage with community life outside of their homes ; (III) in clause (iv), by inserting , including the principles of universal design and the interoperability of products and services after disabilities ; (IV) in clause (v), by inserting , and to promote employment opportunities in competitive integrated employment after employment ; (V) in clause (vi), by striking and after the semicolon; (VI) in clause (vii), by striking and assistive technology. and inserting , assistive technology, and communications technology; and ; and (VII) by adding at the end the following: (viii) studies, analyses, and other activities affecting employment outcomes as defined in section 7(11), including self-employment and telecommuting, of individuals with disabilities. ; and (C) by adding at the end the following: (3) In carrying out this section, the Director shall emphasize covered activities that include plans for— (A) dissemination of high quality materials, scientifically valid research results, or findings, conclusions, and recommendations resulting from covered activities, including through electronic means (such as the website of the Department of Education), so that such information is available in a timely manner to the general public; or (B) the commercialization of marketable products, research results, or findings, resulting from the covered activities. ; (2) in subsection (b)— (A) in paragraph (1), by striking (18) both places the term appears and inserting (17) ; (B) in paragraph (2)— (i) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: (i) be operated in collaboration with institutions of higher education or providers of rehabilitation services, developers or providers of assistive technology devices, assistive technology services, or information technology devices or services, or providers of other appropriate services; and (ii) serve as centers of national excellence and national or regional resources for individuals with disabilities, as well as providers, educators, and researchers. ; (ii) in subparagraph (B)— (I) in clause (i), by striking alleviate or stabilize and all that follows through the semicolon and inserting maximize health and function (including alleviating or stabilizing conditions, or preventing secondary conditions), and promote maximum social and economic independence of individuals with disabilities, including promoting the ability of the individuals to prepare for, secure, retain, regain, or advance in employment; ; (II) in clause (iii), by striking and after the semicolon; and (III) by striking clause (iv) and inserting the following: (iv) serving as an informational and technical assistance resource to individuals with disabilities, as well as to providers, educators, and researchers, through conferences, workshops, public education programs, in-service training programs, and similar activities and providing knowledge translation to promote the use of research findings through training, technical assistance, and dissemination, including identifying potential new areas of research; and (v) developing practical applications for the findings of the research of the Centers. ; and (iii) in subparagraph (C)— (I) in clause (i), by inserting , including research on assistive technology devices, assistive technology services, and accessible electronic and information technology devices after research ; (II) in clause (ii), by striking and social and inserting , social, and economic ; (III) by striking clauses (iii) through (vi) and inserting the following: (iii) improving the evaluation process for determining the assistive technology needs of individuals with disabilities; (iv) research related to vocational rehabilitation, including the use of assistive technology devices and accessible electronic and information technology devices in employment; (v) continuation of research that promotes the emotional, social, educational, and functional growth of children who are individuals with disabilities, as well as their integration in school, employment, and community activities; (vi) continuation of research to develop and evaluate interventions, policies, and services that support families of children and adults who are individuals with disabilities; (vii) continuation of research that will improve services and policies that foster the independence and social integration of individuals with disabilities, and enable individuals with disabilities, including individuals with intellectual disabilities and other developmental disabilities, to live in their communities; and (viii) research, dissemination, and technical assistance on best practices in supported employment and other strategies to promote competitive integrated employment for persons with the most significant disabilities. ; (IV) by striking subparagraph (D) and inserting the following: (D) Training of students preparing to be rehabilitation personnel or to provide rehabilitative, assistive, or supportive services (such as rehabilitation counseling, personal care services, direct care, job coaching, aides in school based setting, or advice or assistance in utilizing assistive technology devices, assistive technology services, and accessible electronic and information technology devices and services) shall be an important priority for each such Center. ; (V) by striking subparagraph (I); and (VI) by redesignating subparagraphs (J) through (O) as subparagraphs (I) through (N), respectively; (C) in paragraph (3)— (i) in subparagraph (B)— (I) in clause (ii)(II), by striking employment and inserting educational, employment, ; and (II) in clause (iii)(II), by striking employment and inserting educational, employment, ; (ii) in subparagraph (D)(ii), by adding at the end the following: Each such Center conducting an activity relating to assistive technology or relating to accessible electronic and information technology shall include in the advisory committee a member of the assistive technology or accessible electronic and information technology community, respectively. Each such Center conducting an activity resulting in educational materials or a product to be used in a covered school, or resulting in a product to be used in an employment activity, shall include in the advisory committee a member of the covered school community, or a member of the business community, respectively. ; and (iii) in subparagraph (G)(ii), by inserting the success of any commercialized product researched or developed through the Center, after individuals with disabilities, ; (D) in paragraph (4)(B)— (i) in clause (i)— (I) by striking special and inserting unique ; and (II) by inserting social and functional needs, and before acute care ; and (ii) in clause (iv), by inserting education, health and health care, after employment, ; (E) in paragraph (8)— (i) by striking Veteran’s Administration and inserting Department of Veterans Affairs, the Department of Defense, the Substance Abuse and Mental Health Services Administration, the Federal Communications Commission, ; and (ii) by inserting the Department of Commerce, the Small Business Administration, the Department of Labor, after Space Administration, ; (F) by striking paragraphs (9) and (11); (G) by redesignating paragraphs (10), (12), (13), (14), (15), (16), (17), and (18), as paragraphs (9), (10), (11), (12), (13), (14), (15), and (16), respectively; (H) in paragraph (11), as redesignated by subparagraph (G)— (i) in the matter preceding subparagraph (A), by striking employment needs of individuals with disabilities, and inserting employment needs, opportunities, and outcomes (including those relating to self-employment, supported employment, and telecommuting) of individuals with disabilities, including older individuals with disabilities, students with disabilities who are transitioning from school to postsecondary life, including employment, and out of school youth with disabilities, ; (ii) in subparagraph (B), by inserting and employment related after the employment ; (iii) in subparagraph (E), by striking and after the semicolon; (iv) in subparagraph (F), by striking the period at the end and inserting ; and ; and (v) by adding at the end the following: (G) develop models and alternatives to help transition sheltered workshops for individuals with disabilities to competitive integrated employment for such individuals, and develop recommendations for decreasing reliance on the special minimum wage certificate program under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)). ; (I) in paragraph (14), as redesignated by subparagraph (G), by striking and access to gainful employment. and inserting , full participation, equal opportunity, and economic self-sufficiency. ; and (J) by adding at the end the following: (17) Research grants may be used to provide for research and training concerning the delivery of vocational rehabilitation services. Such projects and activities may include projects and activities designed to— (A) identify, develop, and evaluate evidence-based practices or policies that are effective in improving employment outcomes for individuals with disabilities; (B) conduct research related to improving the provision of services for underserved or special populations, such as strategies to enhance employment services and outcomes for middle-aged and older workers with disabilities or American Indians with disabilities; (C) conduct research on the delivery of vocational rehabilitation services to rural areas; (D) demonstrate innovative models of service delivery or testing methods of service delivery that have the potential to improve the effectiveness of programs authorized under this Act, including the use of assistive technology devices and accessible electronic and information technology devices in employment; (E) conduct research on ways to improve the performance of State vocational rehabilitation agencies; (F) disseminate and promote the implementation of evidence-based practices identified through these activities; and (G) conduct rigorous evaluations of programs and activities administered by the Rehabilitation Services Administration or supported under this Act. ; and (3) by adding at the end the following: (d) (1) The Director shall award the grants, contracts, or other financial assistance under this title on a competitive basis. (2) (A) To be eligible to receive financial assistance under this section for a covered activity, an entity shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. (B) The application shall include information describing— (i) measurable goals, as established through section 1115 of title 31, United States Code, and a timeline and specific plan for meeting the goals, that the applicant has set for addressing priorities related to— (I) commercialization of a marketable product (including a marketable curriculum or research) resulting from the covered activity; (II) in the case of a covered activity relating to technology, technology transfer; (III) in the case of research, dissemination of research results to, as applicable, Government entities, individuals with disabilities, covered schools, the business community, the assistive technology community, and the accessible electronic and information technology community; and (IV) other priorities as required by the Director; and (ii) how the applicant will quantifiably measure the goals to determine whether the goals have been accomplished. (3) (A) In the case of an application for financial assistance under this section to carry out a covered activity that results in the development of a marketable product, the application shall also include a commercialization and dissemination plan, as appropriate, containing commercialization and marketing strategies for the product involved, and strategies for disseminating information about the product. The financial assistance shall not be used to carry out the commercialization and marketing strategies. (B) In the case of any other application for financial assistance to carry out a covered activity under this section, the application shall also include a dissemination plan, containing strategies for disseminating educational materials, research results, or findings, conclusions, and recommendations, resulting from the covered activity. . 436. Rehabilitation Research Advisory Council Section 205 ( 29 U.S.C. 765 ) is amended— (1) in subsection (a), by inserting not less than after composed of ; and (2) by striking subsection (c) and inserting the following: (c) Qualifications Members of the Council shall include representatives of rehabilitation professionals, rehabilitation researchers, the directors of community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services carried out under this Act and with hiring individuals with disabilities, assistive technology developers and manufacturers, information technology vendors and manufacturers, entities carrying out programs under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ), covered school professionals, individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives. . 437. Definition of covered school Title II (29 U.S.C. 760) is amended by adding at the end the following: 206. Definition of covered school In this title, the term covered school means an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or an institution of higher education. . D Professional Development and Special Projects and Demonstration 441. Training Section 302 ( 29 U.S.C. 772 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (E)— (I) by striking all after deliver and inserting supported employment services and customized employment services to individuals with the most significant disabilities ; and (II) by striking and after the semicolon; (ii) in subparagraph (F), by striking and after the semicolon; (iii) in subparagraph (G), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (H) personnel trained in providing assistive technology services. ; (2) in subsection (b)(1)(B)(i), by striking or prosthetics and orthotics and inserting prosthetics and orthotics, rehabilitation teaching for the blind, or orientation and mobility instruction ; (3) in subsection (g)— (A) in paragraph (1), by adding after the period the following: Any technical assistance provided to community rehabilitation programs shall be focused on the employment outcome of competitive integrated employment for individuals with disabilities. ; and (B) in paragraph (3)— (i) in subparagraph (A), by striking clause (iv) and inserting the following: (iv) for the 2 years following the date of enactment of the Workforce Investment Act of 2012, to provide training regarding the amendments made to this Act. ; and (ii) in subparagraph (B), by striking on the date of enactment of the Rehabilitation Act Amendments of 1998 and inserting on the date of enactment of the Workforce Investment Act of 2012 ; and (4) in subsection (i), by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . 442. Demonstration and training programs Section 303 ( 29 U.S.C. 773 ) is amended— (1) in subsection (b)— (A) in paragraph (5)— (i) in subparagraph (A)— (I) by striking clause (i) and inserting the following: (i) special projects and demonstration programs focused on improving transition from education to competitive integrated employment for youth who are individuals with significant disabilities; ; and (II) by striking clause (iii) and inserting the following: (iii) increasing competitive integrated employment for individuals with significant disabilities. ; and (B) by striking paragraph (6); (2) in subsection (c)(2)— (A) in subparagraph (E), by striking and after the semicolon; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following: (F) to provide support and guidance in helping individuals with significant disabilities, including students with disabilities, transition to competitive integrated employment; and ; and (3) by amending subsection (e) to read as follows: (e) Authorization of appropriations For the purpose of carrying out this section (other than subsections (c) and (e)), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2013 through 2017. . 443. Migrant and seasonal farmworkers Section 304(b) ( 29 U.S.C. 774(b) ) is amended by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . 444. Recreational programs Section 305 (29 U.S.C. 776) is amended— (1) in subsection (a)(1)(B), by striking construction of facilities for aquatic rehabilitation therapy, ; and (2) in subsection (b), by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . E National Council on Disability 451. Report Section 401 ( 29 U.S.C. 781 ) is amended by striking subsection (c). 452. Authorization of appropriations Section 405 ( 29 U.S.C. 785 ) is amended by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . F Rights and advocacy 456. Board and Council (a) Architectural and transportation barriers compliance board Section 502(j) ( 29 U.S.C. 792(j) ) is amended by striking 1999 through 2003 and inserting 2013 through 2017 . (b) Program or activity Section 504(b)(2)(B) ( 29 U.S.C. 794(b)(2)(B) ) is amended by striking vocational education and inserting career and technical education . (c) Interagency Disability Coordinating Council Section 507(a) ( 29 U.S.C. 794c(a) ) is amended by inserting the Chairperson of the National Council on Disability, before and such other . 457. Protection and advocacy of individual rights Section 509 ( 29 U.S.C. 794e ) is amended— (1) in subsection (c)(1)(A), by inserting a grant or contract for before training ; (2) in subsection (f)— (A) in paragraph (2)— (i) by striking general and all that follows through records and inserting general authorities (including rights and remedies), including the authority to access records ; and (ii) by inserting of title I after subtitle C ; and (B) in paragraph (3), by striking authority and inserting authority (including the right) ; (3) in subsection (g)(2), by striking was paid and all that follows and inserting was paid, except that program income generated from the amount paid to an eligible system for a fiscal year shall remain available to such system in accordance with section 19 of this Act. ; (4) in subsection (l), by striking 1999 through 2003 and inserting 2013 through 2017 ; (5) by redesignating subsections (l) and (m) as subsections (m) and (n), respectively; and (6) by inserting after subsection (k) the following: (l) System authority For purposes of serving persons eligible for services under this section, an eligible system shall have the same general authorities, including access to records, as the system is afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), as determined by the Commissioner of the Administration on Developmental Disabilities. . 458. Standards for accessible medical diagnostic equipment Section 510 ( 29 U.S.C. 794f ) is amended— (1) by redesignating subsection (c) as subsection (d); (2) by inserting after subsection (b) the following: (c) Regulations Not later than 6 months after the date of the issuance of the standards under subsection (a), each appropriate Federal agency authorized to promulgate regulations under section 504 or the Americans with Disabilities Act of 1990 shall prescribe regulations in an accessible format, to the extent necessary to carry out the provisions of this section, section 504, and the Americans with Disabilities Act of 1990, as applicable, that include accessibility standards that are consistent with the standards issued under subsection (a). ; and (3) in subsection (d), as redesignated by paragraph (1), by adding at the end the following: Not later than 6 months after the date of the issuance of such amended standards, each Federal agency covered by subsection (c) shall prescribe revised regulations, in an accessible format, that are consistent with the amended standards. . G Employment Opportunities for Individuals With Disabilities 461. Projects with industry Section 611 (29 U.S.C. 795) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking in the competitive and inserting in competitive integrated employment in the ; and (ii) by inserting locally after career advancement ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A)— (I) by inserting local and national after jointly financed ; and (II) by inserting in competitive integrated employment after career opportunities ; (ii) in subparagraph (A)— (I) by striking clause (ii) and inserting the following: (ii) identify job and career availability within the community in consultations with local workforce investment boards, consistent with the existing and emerging in-demand industry sectors and occupations as defined in section 101 of the Workforce Investment Act of 2012, and the employment needs of employers in those industry sectors and occupations; ; (II) in clause (iii), by striking and after the semicolon; (III) in clause (iv), by inserting and after the semicolon; and (IV) by adding at the end the following: (v) coordinate such training and job placement activities with the local workforce investment boards described in clause (ii) as appropriate, and with the Job Corps center industry councils established under section 154 of the Workforce Investment Act of 2012. ; and (iii) in subparagraph (C)— (I) in clause (i), by striking and after the semicolon; (II) by redesignating clause (ii) as clause (iii); and (III) by inserting after clause (i) the following: (ii) internship programs for individuals with disabilities who seek employment; and ; (2) in subsection (e)(2), by striking in States, portions of States, Indian tribes, or tribal organizations and inserting nationally or in States, in portions of States, across multiple States, or in Indian tribes or tribal organizations ; and (3) by adding at the end the following: (i) Prohibited use of funds Grant funds awarded under this section shall not be used to support services in sheltered workshops or segregated settings. . 462. Authorization of appropriations Section 612 ( 29 U.S.C. 795a ) is amended by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . 463. Supported employment services Part B of title VI ( 29 U.S.C. 795g ) is amended to read as follows: B Supported employment services 621. Purpose It is the purpose of this part to authorize allotments, in addition to grants for vocational rehabilitation services under title I, to assist States in developing collaborative programs with appropriate entities to provide supported employment services for individuals with the most significant disabilities, including youth with the most significant disabilities, to enable such individuals to achieve an employment outcome of supported employment in competitive integrated employment. 622. Allotments (a) In general (1) States The Secretary shall allot the sums appropriated for each fiscal year to carry out this part among the States on the basis of relative population of each State, except that— (A) no State shall receive less than $250,000, or 1/3 of 1 percent of the sums appropriated for the fiscal year for which the allotment is made, whichever amount is greater; and (B) if the sums appropriated to carry out this part for the fiscal year exceed the sums appropriated to carry out this part for fiscal year 1992 by $1,000,000 or more, no State shall receive less than $300,000, or 1/3 of 1 percent of the sums appropriated for the fiscal year for which the allotment is made, whichever amount is greater. (2) Certain territories (A) In general For the purposes of this subsection, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall not be considered to be States. (B) Allotment Each jurisdiction described in subparagraph (A) shall be allotted not less than 1/8 of 1 percent of the amounts appropriated for the fiscal year for which the allotment is made. (b) Reallotment Whenever the Commissioner determines that any amount of an allotment to a State for any fiscal year will not be expended by such State for carrying out the provisions of this part, the Commissioner shall make such amount available for carrying out the provisions of this part to one or more of the States that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the State (as determined under the preceding provisions of this section) for such year. (c) Limitations on administrative costs A State that receives an allotment under this part shall not use more than 5 percent of the funds made available through the allotment to pay for administrative costs. (d) Services for youth with the most significant disabilities A State that receives an allotment under this part shall expend half of the allotment for the provision of supported employment services, including extended services, to youth with the most significant disabilities in order to assist those youth to achieve an employment outcome in supported employment. 623. Availability of services (a) Supported employment services Funds provided under this part may be used to provide supported employment services to individuals who are eligible under this part. (b) Extended services Except as provided in paragraph (c), funds provided under this part, or title I, may not be used to provide extended services to individuals who are eligible under this part or title I. (c) Extended services for youth with the most significant disabilities Funds allotted under this part, or title I, and used for the provision of services under this part to youth with the most significant disabilities pursuant to section 622(d) of this part, may be used to provide extended services to youth with the most significant disabilities for a period not to exceed four years. 624. Eligibility An individual, including a youth with a disability, shall be eligible under this part to receive supported employment services authorized under this part if— (1) the individual, including a youth with a disability, is eligible for vocational rehabilitation services under title I; (2) the individual, including a youth, is determined to be an individual with a most significant disability; and (3) a comprehensive assessment of rehabilitation needs of the individual or youth described in section 7(2)(B), including an evaluation of rehabilitation, career, and job needs, identifies supported employment as the appropriate employment outcome for the individual or youth. 625. State plan (a) State plan supplements To be eligible for an allotment under this part, a State shall submit to the Commissioner, as part of the State plan under section 101, a State plan supplement for providing supported employment services authorized under this Act to individuals, including youth with the most significant disabilities, who are eligible under this Act to receive the services. Each State shall make such annual revisions in the plan supplement as may be necessary. (b) Contents Each such plan supplement shall— (1) indicate each designated State agency as the agency to administer the program assisted under this part; (2) summarize the results of the comprehensive, statewide assessment conducted under section 101(a)(15)(A)(i), with respect to the rehabilitation needs of individuals, including youth, with significant disabilities and the need for supported employment services, including needs related to coordination; (3) describe the quality, scope, and extent of supported employment services authorized under this Act to be provided to individuals, including youth with the most significant disabilities, who are eligible under this Act to receive the services and specify the goals and plans of the State with respect to the distribution of funds received under section 622; (4) demonstrate evidence of the efforts of the designated State agency to identify and make arrangements (including entering into cooperative agreements) with other State agencies and other appropriate entities to assist in the provision of supported employment services; (5) demonstrate evidence of the efforts of the designated State agency to identify and make arrangements (including entering into cooperative agreements) with other public or nonprofit agencies or organizations within the State, employers, natural supports, and other entities with respect to the provision of extended services; (6) a description of the activities to be conducted under this part, using the funds specified in section 622(d) of this title, for providing supported employment services to youth with the most significant disabilities, including— (A) the provision of extended services for a period not to exceed four years; and (B) how the State will use the funds specified in section 622(d) to leverage other public and private funds to increase resources for extended services and expand supported employment opportunities for youth with the most significant disabilities; (7) provide assurances that— (A) funds made available under this part will only be used to provide supported employment services authorized under this Act to individuals, including youth, who are eligible under this part to receive the services; (B) the comprehensive assessments of individuals with significant disabilities, including youth with the most significant disabilities, conducted under section 102(b)(1) and funded under title I will include consideration of supported employment as an appropriate employment outcome; (C) an individualized plan for employment, as required by section 102, will be developed and updated using funds under title I in order to— (i) specify the supported employment services to be provided, including as appropriate for youth with the most significant disabilities, transition services and pre-employment transition services provided in accordance with sections 101(a)(25) and 114; (ii) specify the expected extended services needed, including the extended services that may be provided to youth with the most significant disabilities under this part, in accordance with an approved individualized plan for employment, for a period not to exceed four years; and (iii) identify, as appropriate, the source of extended services, which may include natural supports, or to the extent that it is not possible to identify the source of extended services at the time the individualized plan for employment is developed; (D) the State will use funds provided under this part only to supplement, and not supplant, the funds provided under title I, in providing supported employment services specified in the individualized plan for employment; (E) services provided under an individualized plan for employment will be coordinated with services provided under other individualized plans established under other Federal or State programs; (F) to the extent jobs skills training is provided, the training will be provided onsite; (G) supported employment services will include placement in an integrated setting based on the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of individuals with the most significant disabilities; (H) the State agencies designated under paragraph (1) will expend not more than 5 percent of the allotment of the State under this part for administrative costs of carrying out this part; and (I) with respect to supported employment services provided to youth with the most significant disabilities with the funds described in section 622(d), the designated State agency will provide, directly or indirectly through public or private entities, non-Federal contributions towards the grant award in an amount that is not less than 10 percent of such costs; and (8) contain such other information and be submitted in such manner as the Commissioner may require. 626. Restriction Each State agency designated under section 625(b)(1) shall collect the information required by section 101(a)(10) separately for eligible— (1) (A) individuals receiving supported employment services under this part; and (B) individuals receiving supported employment services under title I; and (2) (A) youth receiving supported employment services under this part; and (B) youth receiving supported employment services under title I. 627. Savings provision (a) Supported employment services Nothing in this Act shall be construed to prohibit a State from providing supported employment services in accordance with the State plan submitted under section 101 by using funds made available through a State allotment under section 110. (b) Post-Employment services Nothing in this part shall be construed to prohibit a State from providing discrete post-employment services in accordance with the State plan submitted under section 101 by using funds made available through a State allotment under section 110 to an individual who is eligible under this subpart. 628. Authorization of appropriations There is authorized to be appropriated to carry out this part, including for technical assistance, such sums as may be necessary for each of the fiscal years 2013 through 2017. . H Independent Living Services and Centers for Independent Living 1 General provisions 471. Purpose Section 701 ( 29 U.S.C. 796 ) is amended, in paragraph (3), by inserting before the period the following: , with the goal of improving the independence of and equal opportunity for individuals with disabilities . 472. Independent Living Administration Title VII ( 29 U.S.C. 796 et seq. ) is amended by inserting after section 701 the following: 701A. Independent Living Administration (a) Establishment In order to promote the philosophy and purpose of section 701, there is established within the Department of Education an Independent Living Administration, independent of the Rehabilitation Services Administration. (b) Director The Independent Living Administration shall be headed by a Director (referred to in this title as the ILA Director ) appointed by the Secretary. The ILA Director shall not have been an employee of the Department of Education during the 90-day period before such appointment, and shall have substantial knowledge of independent living services. The Independent Living Administration shall be the principal agency, and the ILA Director shall be the principal officer, of the Department for carrying out this title. The ILA Director shall have the same reporting relationship as is outlined in section 202(a)(2), and shall be a different individual than the Commissioner. (c) General Counsel The Office of the General Counsel of the Department of Education shall designate 1 or more individuals, with substantial background in and knowledge of independent living services and centers for independent living under this title, to provide advice, support, and technical assistance to the ILA Director. (d) Input The ILA Director shall have the authority to seek such input and advice, including convening meetings, as the ILA Director determines to be appropriate with respect to the policies and conduct of the Independent Living Administration. (e) Staff The Secretary shall ensure that— (1) the Independent Living Administration has sufficient staff to provide oversight of, conduct auditing of, and provide technical assistance to, the centers for independent living and Statewide Independent Living Councils funded under this Act; and (2) such staff includes qualified individuals who have significant experience with centers for independent living or Statewide Independent Living Councils described in section 705. . 473. Definitions Section 702 ( 29 U.S.C. 796a ) is amended— (1) in paragraph (1)— (A) in the matter before subparagraph (A), by inserting for individuals with significant disabilities (regardless of age or income) before that— ; (B) in subparagraph (A), by striking and at the end; (C) in subparagraph (B), by striking the period and inserting , including, at a minimum, independent living core services as defined in section 7(17); and ; and (D) by adding at the end the following: (C) has sufficient staff to provide the services described in subparagraph (B). ; and (2) in paragraph (2), by striking the period and inserting the following: “, both in terms of— (A) the management, staffing, decisionmaking, and operation of the center; and (B) the center's establishment of policies, direction, and provision of services. . 474. State plan Section 704 (29 U.S.C. 796c) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting after State plan the following: developed and signed in accordance with paragraph (2), ; and (ii) by striking Commissioner each place it appears and inserting ILA Director ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking developed and signed by ; and (ii) by striking subparagraphs (A) and (B) and inserting the following: (A) developed by the chairperson of the Statewide Independent Living Council, the director of the designated State entity described in subsection (c), and the directors of the centers for independent living in the State, after receiving public input from individuals with disabilities throughout the State; and (B) signed by— (i) the chairperson of the Statewide Independent Living Council, acting on behalf of and at the direction of the Council; (ii) the director of the designated State entity described in subsection (c); and (iii) not less than 51 percent of the directors of the centers for independent living in the State. ; (C) in paragraph (3)— (i) in subparagraph (A), by striking State independent living services and inserting independent living services in the State ; (ii) in subparagraph (B), by striking and at the end; and (iii) by striking subparagraph (C) and inserting the following: (C) working relationships and collaboration between— (i) centers for independent living; and (ii) (I) entities carrying out programs that provide independent living services, including those serving older individuals; (II) other community-based organizations that provide or coordinate the provision of housing, transportation, employment, information and referral assistance, services, and supports for individuals with significant disabilities; and (III) entities carrying out the vocational rehabilitation program established under title I, and other programs providing services for individuals with disabilities; and (D) cooperative agreements and partnerships to provide a seamless model for provision of services to individuals with disabilities and to avoid duplication of services. ; (D) in paragraph (4), by striking Commissioner each place it appears and inserting ILA Director ; and (E) by adding at the end the following: (5) Statewide basis The State plan shall provide for the provision of independent living services on a statewide basis, to the greatest extent possible, including through the establishment of additional centers for independent living or focused outreach to serve underserved populations. ; (2) in subsection (b), by striking the period and inserting the following: , as well as a plan for funding the administrative costs of the Council. ; (3) in subsection (c)— (A) in the subsection heading, by striking unit and inserting entity ; (B) in the matter preceding paragraph (1), by striking the designated State unit of such State and inserting a State entity of such State (referred to in this title as the designated State entity ), which may be the designated State unit, an entity within the designated State agency, or an entity within a different State agency, ; (C) in paragraphs (3) and (4), by striking Commissioner each place it appears and inserting ILA Director ; (D) in paragraph (3), by striking and at the end; and (E) in paragraph (4), by striking the period and inserting ; and ; (4) in subsection (i), by striking paragraphs (1) and (2) and inserting the following: (1) the Statewide Independent Living Council; (2) centers for independent living; (3) the designated State entity; and (4) other State agencies or entities represented on the Council, other councils that address the needs and issues of specific disability populations, and other public and private entities determined to be appropriate by the Council. ; (5) in subsection (m)— (A) in paragraph (4), by striking Commissioner each place it appears and inserting ILA Director ; and (B) in paragraph (5), by striking Commissioner each place it appears and inserting ILA Director ; and (6) by adding at the end the following: (o) Promoting full access to community life (1) In general The plan shall describe how the State will provide independent living services that promote full access to community life for individuals with significant disabilities. (2) Services The services shall include— (A) facilitating transitions of individuals with significant disabilities from nursing homes and other institutions, to home- and community-based residences, with the requisite supports and services; (B) providing assistance to individuals with significant disabilities that are at risk of entering institutions so that the individuals may remain in the community; and (C) facilitating transitions of youth (including students) who are individuals with significant disabilities, who were eligible for individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)), and who have completed their secondary education or otherwise left school, to postsecondary life, including employment. . 475. Statewide Independent Living Council Section 705 ( 29 U.S.C. 796d ) is amended— (1) in subsection (b)— (A) by striking paragraph (2) and inserting the following: (2) Composition The Council shall include— (A) among its voting members, at least 1 director of a center for independent living chosen by the directors of centers for independent living within the State; (B) among its voting members, for a State in which 1 or more centers are funded under section 721(c)(4), at least 1 representative of the directors of the centers; and (C) as ex officio, nonvoting members, a representative of the designated State entity, and representatives from State agencies that provide services for individuals with disabilities. ; (B) in paragraph (3)— (i) by redesignating subparagraphs (C) through (F) as subparagraphs (D) through (G), respectively; (ii) in subparagraph (B), by striking parents and guardians of ; and (iii) by inserting after paragraph (B) the following: (C) parents and guardians of individuals with disabilities; ; and (C) in paragraph (5)(B), by striking paragraph (3) and inserting paragraph (1) ; (2) by striking subsection (c) and inserting the following: (c) Functions (1) Duties The Council shall— (A) in conjunction with the directors of the centers for independent living in the State, and the designated State entity, jointly develop and sign the State plan as provided in section 704(a)(2); (B) monitor, review, and evaluate the implementation of the State plan; (C) have at least 4 regularly scheduled meetings per year, and ensure that such meetings of the Council are open to the public and sufficient advance notice of such meetings is provided; (D) submit to the ILA Director such periodic reports as the ILA Director may reasonably request, and keep such records, and afford such access to such records, as the ILA Director finds necessary to verify the information in such reports; and (E) as appropriate, coordinate activities with the State Rehabilitation Council established under section 105, if the State has such a Council, or the commission described in section 101(a)(21)(A), if the State has such a commission, and councils that address the needs of specific disability populations and issues under other Federal law. (2) Authorities The Council may, consistent with the State plan described in section 704, unless prohibited by State law— (A) facilitate the improvement and coordination of services provided to individuals with disabilities by centers for independent living, the designated State unit, other government agencies, and community organizations; (B) conduct resource development activities to obtain funding from public and private resources to support the activities described in this subsection or to support the provision of independent living services by centers for independent living; and (C) perform such other functions, consistent with the purpose of this chapter and comparable to other functions described in this subsection, as the Council determines to be appropriate. (3) Limitation The Council shall not provide independent living services directly to individuals with significant disabilities or manage such services. ; (3) in subsection (e)— (A) in paragraph (1), in the first sentence, by striking prepare and all that follows through a plan and inserting prepare, in conjunction with the designated State entity, a plan ; and (B) in paragraph (3), by striking agency and inserting entity ; and (4) in subsection (f)— (A) by striking such resources and inserting available resources ; and (B) by striking (including and all that follows through compensation and inserting (such as personal assistance services), and to pay reasonable compensation . 476. Responsibilities of the ILA Director Section 706 ( 29 U.S.C. 796d–1 ) is amended— (1) by striking the title of the section and inserting the following: 706. Responsibilities of the ILA Director ; (2) in subsection (a)— (A) in paragraph (1), by striking Commissioner each place it appears and inserting ILA Director ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking Commissioner each place it appears and inserting ILA Director ; and (ii) in subparagraph (B)— (I) in clause (i)— (aa) by striking Secretary and inserting Secretary or the Commissioner ; and (bb) by striking to the Commissioner; and and inserting to the ILA Director; ; (II) by redesignating clause (ii) as clause (iii); and (III) by inserting after clause (i) the following: (ii) to the State agency shall be deemed to be references to the designated State entity; and ; (3) by striking subsection (b) and inserting the following: (b) Indicators Not later than 1 year after the date of enactment of the Workforce Investment Act of 2012, the ILA Director shall develop and publish in the Federal Register indicators of minimum compliance for centers for independent living (consistent with the standards set forth in section 725), and indicators of minimum compliance for Statewide Independent Living Councils. ; (4) in subsection (c)— (A) by striking paragraph (1) and inserting the following: (1) Reviews (A) Types of reviews The ILA Director shall annually conduct— (i) onsite compliance reviews of at least 15 percent of the centers for independent living that receive funds under section 722 and shall periodically conduct such a review of each such center; (ii) onsite compliance reviews of at least one-third of the designated State units that receive funding under section 723, and, to the extent necessary to determine the compliance of such a State unit with subsections (f) and (g) of section 723, centers that receive funding under section 723 in such State; and (iii) onsite compliance reviews for at least 10 percent of the Statewide Independent Living Councils established in each State under section 705. (B) Selections The ILA Director shall select the centers, State units, and Councils described in this paragraph for review on a random basis. ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking Commissioner and inserting ILA Director ; (ii) in subparagraph (A), by striking such a review and inserting a review described in paragraph (1) ; and (iii) in subparagraphs (A) and (B), by striking Department each place it appears and inserting Independent Living Administration ; and (5) by striking subsection (d). 2 Independent living services 477. Administration (a) Allotments Section 711 ( 29 U.S.C. 796e ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A)— (i) by striking Except and inserting After the reservation required by section 711A is made, and except ; and (ii) by inserting the remainder of the before sums appropriated ; and (B) in paragraph (2)(B), by striking amounts made available for purposes of this part and inserting remainder described in paragraph (1)(A) ; (2) in subsections (a), (b), and (c), by striking Commissioner each place it appears and inserting ILA Director ; and (3) by adding at the end the following: (d) Administration Funds allotted or made available to a State under this section shall be administered by the designated State entity, in accordance with the approved State plan, except for States covered by section 723. . (b) Training and technical assistance Part B of title VII is amended by inserting after section 711 ( 29 U.S.C. 796e ) the following: 711A. Training and technical assistance (a) In general From the funds appropriated to carry out this part for any fiscal year, beginning with fiscal year 2012, the ILA Director shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide training and technical assistance to Statewide Independent Living Councils for such fiscal year. (b) Allocation From the funds reserved under subsection (a), the ILA Director shall make grants to, and enter into contracts and other arrangements with, entities that have experience in the operation of Statewide Independent Living Councils to provide such training and technical assistance with respect to developing, conducting, administering, and evaluating Statewide Independent Living Councils. (c) Funding priorities The ILA Director shall conduct a survey of Statewide Independent Living Councils regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, or other arrangements. (d) Review To be eligible to receive a grant or enter into a contract or other arrangement under this section, such an entity shall submit an application to the ILA Director at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the ILA Director may require. The ILA Director shall provide for peer review of grant applications by panels that include persons who are not government employees and who have experience in the operation of Statewide Independent Living Councils. . (c) Payments Section 712(a) ( 29 U.S.C. 796e–1(a) ) is amended by striking Commissioner and inserting ILA Director. (d) Authorized uses of funds Section 713 (29 U.S.C. 796e–2) is amended— (1) by striking the matter preceding paragraph (1) and inserting the following: (a) In General The State may use funds received under this part (but not more than 30 percent of the funds paid to the State under section 712) to provide the resources described in section 705(e), relating to the Statewide Independent Living Council, may retain funds under section 704(c)(5), and shall distribute the remainder of the funds received under this part in a manner consistent with the approved State plan under section 704 for the activities described in subsection (b). (b) Activities The State may use the remainder of the funds described in subsection (a)— ; and (2) in paragraph (1), by inserting , particularly those in unserved areas of the State after disabilities . (e) Authorization of appropriations Section 714 ( 29 U.S.C. 796e–3 ) is amended by striking 1999 through 2003 and inserting 2013 through 2017 . 3 Centers for independent living 481. Program authorization Section 721 (29 U.S.C. 796f) is amended— (1) in subsection (a)— (A) by striking 1999 and inserting 2012 ; (B) by striking Commissioner shall allot and inserting ILA Director shall make available ; and (C) by inserting , centers for independent living, after States ; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking For and all that follows through Commissioner and inserting From the funds appropriated to carry out this part for any fiscal year, beginning with fiscal year 2012, the ILA Director ; (ii) by inserting not less than 1.8 percent and not more than 2 percent of the funds after reserve ; and (iii) by striking eligible agencies and all that follows and inserting centers for independent living and eligible agencies for such fiscal year. ; (B) in paragraph (2)— (i) by striking Commissioner and inserting ILA Director ; and (ii) by inserting fiscal management of, before planning, ; (C) in paragraphs (3), (4), and (5), by striking Commissioner each place it appears and inserting ILA Director ; and (D) in paragraph (3), by striking Statewide Independent Living Councils and ; (3) by striking subsection (c) and inserting the following: (c) Allotments to States (1) Definitions In this subsection: (A) Additional appropriation The term additional appropriation means the amount (if any) by which the appropriation for a fiscal year exceeds the total of— (i) the amount reserved under subsection (b) for that fiscal year; and (ii) the appropriation for fiscal year 2008. (B) Appropriation The term appropriation means the amount appropriated to carry out this part. (C) Base appropriation The term base appropriation means the portion of the appropriation for a fiscal year that is equal to the lesser of— (i) an amount equal to 100 percent of the appropriation, minus the amount reserved under subsection (b) for that fiscal year; or (ii) the appropriation for fiscal year 2008. (2) Allotments to States from base appropriation After the reservation required by subsection (b) has been made, the ILA Director shall allot to each State whose State plan has been approved under section 706 an amount that bears the same ratio to the base appropriation as the amount the State received under this subsection for fiscal year 2008 bears to the total amount that all States received under this subsection for fiscal year 2008. (3) Allotments to States of additional appropriation From the portion of any additional appropriation for each fiscal year that remains after the application of paragraph (4), the ILA Director shall allot to each State whose State plan has been approved under section 706 an amount equal to the sum of— (A) an amount that bears the same ratio to 50 percent of the portion as the population of the State bears to the population of all States; and (B) 1/56 of 50 percent of that portion. (4) Grants for centers for American Indians (A) Grants The ILA Director may reserve not more than 5 percent of the additional appropriation for any fiscal year. The ILA Director shall use the reserved funds to make individual grants to support new or existing centers for independent living run by, or in conjunction with, the governing bodies of American Indian tribes located on Federal or State reservations (including consortia of such governing bodies). A governing body that receives such a grant shall use the grant funds for such a center that serves American Indians who are individuals with disabilities residing on or near such a reservation. (B) Applications (i) In general To be eligible to receive a grant under this paragraph for an independent living center, a governing body, or a governing body in conjunction with a center for independent living, shall submit an application to the ILA Director at such time, in such manner and containing such information as the ILA Director may require, and obtain approval for the application. (ii) Contents At a minimum, the application shall contain an assurance that the center— (I) will meet the definition of a center for independent living under section 702; (II) will provide independent living core services (as defined in section 7(17)) to American Indians described in subparagraph (A) and, in appropriate cases, may provide to such American Indians services traditionally used by Indian tribes; (III) will have sufficient staff to provide the services described in subclause (II); and (IV) will comply with the standards and provide and comply with the assurances for centers for independent living under section 725. (C) Carryover authority Notwithstanding any other provision of law, any funds provided through a grant made under subparagraph (A) to an individual grant recipient for a fiscal year that are not obligated or expended by the recipient prior to the beginning of the succeeding fiscal year shall remain available for obligation and expenditure by such recipient during that succeeding fiscal year and the subsequent fiscal year. (D) Reservation In this paragraph, the term reservation has the meaning given the term in section 121(d). ; (4) in subsection (d), by striking Commissioner each place it appears and inserting ILA Director ; and (5) by adding at the end the following: (e) Carryover authority Notwithstanding any other provision of law— (1) any funds appropriated for a fiscal year to carry out a grant program under section 722 or 723, that are not obligated and expended by the recipients prior to the beginning of the succeeding fiscal year shall remain available for obligation and expenditure by such recipients during that succeeding fiscal year and the subsequent fiscal year; and (2) any amounts of program income received by recipients under a grant program under section 722 or 723 in a fiscal year, that are not obligated and expended by the recipients prior to the beginning of the succeeding fiscal year, shall remain available for obligation and expenditure by such recipients during that succeeding fiscal year and the subsequent fiscal year. . 482. Centers (a) Centers in States in which Federal funding exceeds State funding Section 722 ( 29 U.S.C. 796f–1 ) is amended— (1) in subsections (a), (b), and (c), by striking Commissioner each place it appears and inserting ILA Director ; (2) in subsection (c)— (A) by striking grants and inserting grants for a fiscal year ; and (B) by striking by September 30, 1997 and inserting for the preceding fiscal year ; (3) in subsection (d)— (A) in paragraph (1)— (i) by striking Commissioner and inserting ILA Director ; and (ii) by striking region, consistent and all that follows and inserting region. The ILA Director's determination of the most qualified applicant shall be consistent with the provisions in the State plan setting forth the design of the State for establishing a statewide network of centers for independent living. ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking Commissioner and inserting ILA Director ; and (ii) by striking subparagraph (A) and inserting the following: (A) shall consider comments regarding the application— (i) by individuals with disabilities and other interested parties within the new region proposed to be served; (ii) if any, by the Statewide Independent Living Council in the State in which the applicant is located; ; and (iii) in subparagraph (C), by inserting , and consistent with the other objectives of this title before the period; and (4) in subsections (e) and (g) by striking Commissioner each place it appears and inserting ILA Director. . (b) Centers in States in which State funding exceeds Federal funding Section 723 ( 29 U.S.C. 796f–2 ) is amended— (1) in subsections (a), (b), (g), (h), and (i), by striking Commissioner each place it appears and inserting ILA Director ; (2) in subsection (a), in the header of paragraph (3), by striking commissioner and inserting ILA director ; and (3) in subsection (c)— (A) by striking grants and inserting grants for a fiscal year ; and (B) by striking by September 30, 1997 and inserting for the preceding fiscal year . (c) Centers operated by State agencies Section 724 ( 29 U.S.C. 796f–3 ) is amended— (1) in the matter preceding paragraph (1)— (A) by striking 1993 and inserting 2012 ; (B) by striking Rehabilitation Act Amendments of 1998 and inserting Workforce Investment Act of 2012 ; and (C) by striking 1994 and inserting 2012 ; and (2) by striking Commissioner each place it appears and inserting ILA Director . 483. Standards and assurances Section 725 (29 U.S.C. 796f–4) is amended— (1) in subsection (b)— (A) in paragraph (1)(D), by striking to society and inserting , both within the community and throughout the United States, ; and (B) in paragraph (5)— (i) by inserting (as defined in section 7(17)) after core services ; and (ii) by inserting before the period the following: to eligible individuals, to promote full access to community life ; and (2) in subsection (c), by striking Commissioner each place it appears and inserting ILA Director . 484. Authorization of appropriations Section 727 ( 29 U.S.C. 796f–6 ) is amended by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . 4 Independent Living Services for Older Individuals who are Blind 486. Independent living services for older individuals who are blind Chapter 2 of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796j et seq.) is amended— (1) by redesignating sections 752 and 753 as sections 753 and 754, respectively; and (2) by inserting after section 751 the following: 752. Training and technical assistance (a) Grants; Contracts; Other Arrangements For any fiscal year for which the funds appropriated to carry out this chapter exceed the funds appropriated to carry out this chapter for fiscal year 2008, the Commissioner shall first reserve from such excess, to provide training and technical assistance to designated State agencies, or other providers of independent living services for older individuals who are blind, that are funded under this chapter for such fiscal year, not less than 1.8 percent, and not more than 2 percent, of the funds appropriated to carry out this chapter for the fiscal year involved. (b) Allocation From the funds reserved under subsection (a), the Commissioner shall make grants to, and enter into contracts and other arrangements with, entities that demonstrate expertise in the provision of services to older individuals who are blind, to provide training and technical assistance with respect to planning, developing, conducting, administering, and evaluating independent living programs for older individuals who are blind. (c) Funding Priorities The Commissioner shall conduct a survey of designated State agencies that receive grants under section 753 regarding training and technical assistance needs in order to determine funding priorities for grants, contracts, and other arrangements under this section. (d) Application To be eligible to receive a grant or enter into a contract or other arrangement under this section, an entity shall submit an application to the Commissioner at such time, in such manner, containing a proposal to provide such training and technical assistance, and containing such additional information as the Commissioner may require. (e) Prohibition on Combined Funds No funds reserved by the Commissioner under this section may be combined with funds appropriated under any other Act or portion of this Act if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment, unless such reserved funds are separately identified in the agreement for such grant or payment and are used for the purposes of this chapter. . 487. Program of grants Section 753 of the Rehabilitation Act of 1973 (29 U.S.C. 796k), as redesignated by section 586, is amended— (1) by striking subsection (h); (2) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively; (3) in subsection (b), by striking section 753 and inserting section 754 ; (4) in subsection (c)— (A) in paragraph (1), by striking section 753 and inserting section 754 ; and (B) in paragraph (2)— (i) by striking subsection (j) and inserting subsection (i) ; and (ii) by striking subsection (i) and inserting subsection (h) ; (5) in subsection (g), by inserting , or contracts with, after grants to ; (6) in subsection (h), as redesignated by paragraph (2)— (A) in paragraph (1), by striking subsection (j)(4) and inserting subsection (i)(4) ; and (B) in paragraph (2)— (i) in subparagraph (A)(vi), by adding and after the semicolon; (ii) in subparagraph (B)(ii)(III), by striking ; and and inserting a period; and (iii) by striking subparagraph (C); and (7) in subsection (i), as redesignated by paragraph (2)— (A) by striking paragraph (2) and inserting the following: (2) Minimum allotment (A) States In the case of any of the several States, the District of Columbia, or the Commonwealth of Puerto Rico, the amount referred to in paragraph (1)(A) for a fiscal year is the greater of— (i) $350,000; (ii) an amount equal to the amount the State, the District of Columbia, or the Commonwealth of Puerto Rico received to carry out this chapter for fiscal year 2008; or (iii) an amount equal to 1/3 of 1 percent of the amount appropriated under section 754, and not reserved under section 752, for the fiscal year and available for allotments under subsection (a). (B) Certain territories In the case of Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, the amount referred to in paragraph (1)(A) for a fiscal year is $60,000. ; (B) in paragraph (3)(A), by striking section 753 and inserting section 754, and not reserved under section 752, ; and (C) in paragraph (4)(B)(i), by striking subsection (i) and inserting subsection (h) . 488. Independent living services for older individuals who are blind authorization of appropriations Section 754 of the Rehabilitation Act of 1973 (29 U.S.C. 796l) , as redesignated by section 586, is amended by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . I Increasing employment opportunities for individuals with disabilities 491. Disability employment The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is amended by adding at the end the following: VIII Increasing Employment Opportunities for Individuals with Disabilities 801. Public education campaigns about hiring individuals with disabilities (a) In general Not later than 120 days after the date of enactment of the Workforce Investment Act of 2012, the Secretary of Labor, acting through the Assistant Secretary and in coordination with the Commissioner of the Rehabilitation Services Administration, the Commissioner of Social Security, the Commissioner of the Internal Revenue Service, and the heads of other relevant Federal agencies and divisions of Federal agencies, shall develop and carry out public education campaigns that educate employers (including small businesses), employees (including individuals with disabilities), and members of the general public (including young adults) on the benefits of hiring individuals with disabilities. The public education campaign for employers (including small businesses) shall include information on— (1) the work opportunity credit under section 51 of the Internal Revenue Code of 1986; and (2) tax incentives available to businesses to help cover the cost of improving accessibility, including— (A) the disabled access credit under section 44 of the Internal Revenue Code of 1986; and (B) the tax deduction available under section 190 of the Internal Revenue Code of 1986, for expenses for architectural barrier removal. (b) Educational materials The public education campaigns described in subsection (a) shall include, as necessary, different educational materials in order to adequately target and educate, small businesses, employers generally, employees, and members of the general public, including educational materials on work incentives that may assist individuals with disabilities in leaving programs of public benefits, entering the workforce, advancing their economic status, and contributing to and participating more fully in their communities. . 492. Table of contents The table of contents in section 1(b) is amended— (1) by striking the item relating to section 109 and inserting the following: Sec. 109. Training and services for employers. ; (2) by inserting after the item relating to section 112 the following: Sec. 113. Additional technical assistance. Sec. 114. Pre-employment transition services. ; (3) by inserting after the item relating to section 205 the following: Sec. 206. Definition of covered school. ; (4) by inserting after the item relating to section 509 the following: Sec. 510. Establishment of standards for accessible medical diagnostic equipment. ; (5) by striking the items relating to part B of title VI and inserting the following: Part B—Supported employment services Sec. 620. Authorization of appropriations. ; (6) in the items relating to title VII— (A) (i) by inserting after the item relating to section 701 the following: Sec. 701A. Independent Living Administration. ; and (ii) by striking the item relating to section 706 and inserting the following: Sec. 706. Responsibilities of the ILA Director. ; (B) by inserting after the item relating to section 711 the following: Sec. 711A. Training and technical assistance. ; and (C) by striking the items relating to sections 752 and 753 and inserting the following: Sec. 752. Training and technical assistance. Sec. 753. Program of grants. Sec. 754. Authorization of appropriations. ; and (7) by adding at the end the following: TITLE VIII—INCREASING EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES Sec. 801. Public education campaigns about hiring individuals with disabilities. . |
113-hr-799-ih-dtd | 113-hr-799 | 113 | hr | 799 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr799ih.xml | BILLS-113hr799ih.xml | 2023-01-08 17:37:49.509 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H1A0E48EBC1D446C487B5F909CE25D430" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 799 IH: Fisheries Disaster Relief and Research Investment Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-15
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 799
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="T000266">
Mr. Tierney
</sponsor>
(for himself,
<cosponsor name-id="M000133">
Mr. Markey
</cosponsor>
,
<cosponsor name-id="K000375">
Mr. Keating
</cosponsor>
,
<cosponsor name-id="L000562">
Mr. Lynch
</cosponsor>
,
<cosponsor name-id="J000255">
Mr. Jones
</cosponsor>
,
<cosponsor name-id="L000559">
Mr. Langevin
</cosponsor>
, and
<cosponsor name-id="C001084">
Mr. Cicilline
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name committee-id="HII00">
Committee on Natural Resources
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To provide exclusive funding to support fisheries and the communities that rely upon them, to clear unnecessary regulatory burdens and streamline Federal fisheries management, and for other purposes.
</official-title>
</form>
<legis-body id="H3033EA7E82764DB0A5D28D24C4B3D6CD" style="OLC">
<section id="H44B63967081441B18B2355B4797A9536" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Fisheries Disaster Relief and Research Investment Act
</short-title>
</quote>
.
</text>
</section>
<section id="H068AE9D1A447456DB9BC9A3A4CF5AE9E">
<enum>
2.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 2(a) of the Act of August 11, 1939 (commonly known as the
<quote>
Saltonstall-Kennedy Act
</quote>
) (
<external-xref legal-doc="usc" parsable-cite="usc/15/713c-3">
15 U.S.C. 713c–3(a)
</external-xref>
), is amended—
</text>
<paragraph id="H8AA7296E5B554EE18970AD326F73D6AB">
<enum>
(1)
</enum>
<text>
by redesignating paragraph (1) as paragraph (2);
</text>
</paragraph>
<paragraph id="HBB18DD43C05F420A815831A802942B3A">
<enum>
(2)
</enum>
<text>
by inserting before paragraph (2), as redesignated, the following:
</text>
<quoted-block display-inline="no-display-inline" id="H43A5BEEABAC24778A331A8896300AD30" style="OLC">
<paragraph id="H2D439A254BB949BDA45F4182B3E7BDC6">
<enum>
(1)
</enum>
<text>
The term
<term>
fishery investment committee
</term>
means a committee of a regional fishery management council established under subsection (c)(1).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HBDBDB84E222C476892F9E8CFF64E7B4C">
<enum>
(3)
</enum>
<text>
by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (4), (5), (6), and (7), respectively;
</text>
</paragraph>
<paragraph id="HC1B38E2C378C40078476E19E4E832B25">
<enum>
(4)
</enum>
<text>
by inserting before paragraph (4), as redesignated, the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6F0D19E310A44D8DB7EF11E8FEF59085" style="OLC">
<paragraph id="H52E7998243EC4032A77EDB657F3C2A24">
<enum>
(3)
</enum>
<text>
The term
<term>
regional fishery investment plan
</term>
means a plan developed by a fishery investment committee under subsection (c)(2).
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H33A5367915AD4EC89B01973A4F54050B">
<enum>
(5)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7636B422883848CB99AAB3E1AF6C14F7" style="OLC">
<paragraph commented="no" id="HD4374ABDC5344FA09A8FC32C13044086">
<enum>
(8)
</enum>
<text>
The applicable definition under section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1802">
16 U.S.C. 1802
</external-xref>
), shall apply to any term used in this Act that is not defined under this subsection.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H146F2136DD2A4159B849C85CB39A78F3">
<enum>
3.
</enum>
<header>
Regional fisheries investment grant program
</header>
<subsection id="HEFF5B95618C64FECBA61CE5A685B2171">
<enum>
(a)
</enum>
<header>
Regional Fisheries Investment Grant Program and Fishery Investment Plans
</header>
<text>
Section 2 of the Act of August 11, 1939 (commonly known as the
<quote>
Saltonstall-Kennedy Act
</quote>
) (
<external-xref legal-doc="usc" parsable-cite="usc/15/713c-3">
15 U.S.C. 713c–3
</external-xref>
), is amended by amending subsection (c) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H0B326BAFA3FC488187FA3D6EF92D8099" style="OLC">
<subsection id="H80F2880292B5454F9FAF4490502F03AF">
<enum>
(c)
</enum>
<header>
Strengthening Regional Fisheries Management
</header>
<paragraph id="H69DE7CD83ACC487896B2C7AEAEB01F46">
<enum>
(1)
</enum>
<header>
Fishery investment committees
</header>
<subparagraph id="HEC8061C9D325469588E867D79045A454">
<enum>
(A)
</enum>
<header>
Establishment
</header>
<text>
Each Council shall establish and maintain, under the authority of section 302(g) of the Magnuson-Stevens Fishery Conservation and Management Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1852">
16 U.S.C. 1852(g)
</external-xref>
), a fishery investment committee. Each fishery investment committee shall be comprised of not more than 13 individuals.
</text>
</subparagraph>
<subparagraph id="H4D22C6655B504BA3921DD8ED93A6C76A">
<enum>
(B)
</enum>
<header>
Authority
</header>
<text>
Each fishery investment committee shall—
</text>
<clause id="HD66071E5D0E84D3CBBE684164322C8A4">
<enum>
(i)
</enum>
<text>
develop a regional fishery investment plan under subsection (c)(2);
</text>
</clause>
<clause id="HFEC07A3E26F04E649656B0A6ABB06216">
<enum>
(ii)
</enum>
<text>
review grant applications and projects to implement its regional fishery investment plan; and
</text>
</clause>
<clause id="H9E9B9CBA3BE0418CB889970658A6FEFD">
<enum>
(iii)
</enum>
<text>
make recommendations, based on its findings, to the Council on grant applications and projects to implement its regional fishery investment plan.
</text>
</clause>
</subparagraph>
<subparagraph id="H0527A102204643B39EADAB9B5B974AD7">
<enum>
(C)
</enum>
<header>
Membership
</header>
<clause id="H828B51B64FD744ACA050427A4D323BF5">
<enum>
(i)
</enum>
<header>
Qualifications
</header>
<text>
Each member of a fishery investment committee shall be an individual who, by reason of the individual's occupational experience or other experience, scientific expertise, or training, is knowledgeable of the conservation and management of, or the commercial or recreational catch of, the fishery resources of the geographical area concerned.
</text>
</clause>
<clause id="HA384C61737B046B5848B4F18242621CF">
<enum>
(ii)
</enum>
<header>
Nominations
</header>
<text>
Each member of a fishery investment committee—
</text>
<subclause id="H2EAAEE8BD02845E1B70912B33C5EEB45">
<enum>
(I)
</enum>
<text>
shall be nominated and elected by the applicable Council during a public meeting of the Council;
</text>
</subclause>
<subclause id="H64CAFC0078A149049D642310C150AA1B">
<enum>
(II)
</enum>
<text>
shall serve for a 3-year term; and
</text>
</subclause>
<subclause id="H9F3E7AA8D6EE41BFA96052171BD7D39D">
<enum>
(III)
</enum>
<text>
may be re-elected for an additional 3-year consecutive term.
</text>
</subclause>
</clause>
<clause id="H46858C479B6A4038A0DD8C73BE7CA489">
<enum>
(iii)
</enum>
<header>
Conflicts of interest
</header>
<text>
A member of a fishery investment committee shall recuse himself or herself from considering any grant application that the member has a financial interest that would require disclosure under section 302(j)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1852">
16 U.S.C. 1852(j)(2)
</external-xref>
).
</text>
</clause>
</subparagraph>
<subparagraph id="H2F61A2E963E94B58BAAAEF59C0B45CE5">
<enum>
(D)
</enum>
<header>
Composition
</header>
<text>
Each fishery investment committee shall be multi-disciplinary, reflect the geographic balance of the Council, and include at least 1 representative of—
</text>
<clause id="HEAA5EE30919542C685E6432C33911233">
<enum>
(i)
</enum>
<text>
the commercial fishing community;
</text>
</clause>
<clause id="HD722C4449A98429E88473AF4DCBC205D">
<enum>
(ii)
</enum>
<text>
the private recreational angling community;
</text>
</clause>
<clause id="H8662C39427B548E3A3F4A77F4A5A1C23">
<enum>
(iii)
</enum>
<text>
the for-profit charter fishing community;
</text>
</clause>
<clause id="HC7AD5962E16142BFB09A7273E3C5F803">
<enum>
(iv)
</enum>
<text>
the public interest in marine conservation who—
</text>
<subclause id="H38C07B3B14D24B448C1F1D681926CEB2">
<enum>
(I)
</enum>
<text>
does not derive an annual income from commercial or recreational fishing; and
</text>
</subclause>
<subclause id="H23AD0579BEE44580AF8159B51DB10D62">
<enum>
(II)
</enum>
<text>
is not employed by any person who derives an annual income from commercial or recreational fishing;
</text>
</subclause>
</clause>
<clause id="H29B9041D4AC84BF0839DEFC9D02581E7">
<enum>
(v)
</enum>
<text>
each State government in the region;
</text>
</clause>
<clause id="H862EADFA66854FA0AD0BCB96B40DDDF9">
<enum>
(vi)
</enum>
<text>
relevant interstate commissions;
</text>
</clause>
<clause id="HC1C868B74DDE4BEA8FC7D4A06F615594">
<enum>
(vii)
</enum>
<text>
federally recognized tribes, where applicable; and
</text>
</clause>
<clause id="H8144DF58AB9F4FF2A5A5E3CDE5856E4D">
<enum>
(viii)
</enum>
<text>
research institutions.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H6447BF2A9E2A4EC1ACDD54E167DEFC21">
<enum>
(2)
</enum>
<header>
Regional Fishery Investment Plans
</header>
<text>
Each fishery investment committee shall develop a regional fishery investment plan that identifies critical research, conservation, and management needs and corresponding actions to facilitate rebuilding and maintaining healthy fish populations and sustainable fisheries over a 5-year period. Each plan shall—
</text>
<subparagraph id="HD62018B6371B4E8E95FBDFB7B778D5B7">
<enum>
(A)
</enum>
<text>
be consistent with the current 5-year research priority plans developed under section 302(h)(7) of the Magnuson-Stevens Fishery Conservation and Management Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1852">
16 U.S.C. 1852(h)(7)
</external-xref>
);
</text>
</subparagraph>
<subparagraph id="HA0A724EAF70D4DC091462BEF37A8155D">
<enum>
(B)
</enum>
<text>
include areas of investment that are critical for rebuilding and maintaining healthy United States fish populations and promoting sustainable fisheries, including—
</text>
<clause id="H3173EE11F96D4425A2F9689CB9EAB218">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
stock surveys, stock assessments and analysis, and cooperative fishery research, in conjunction with the National Oceanic and Atmospheric Administration, involving fishery participants, academic institutions, and other interested parties;
</text>
</clause>
<clause id="H794BBE6761E940A399B9E384DA55FEA9">
<enum>
(ii)
</enum>
<text>
efforts to improve the collection and accuracy of fishery catch data, including—
</text>
<subclause id="HEC80B770CA3C48E0B7741358FD780843">
<enum>
(I)
</enum>
<text>
expanding the use of, and research and development on, catch monitoring and reporting programs and technology, both at-sea and shoreside, including the use of electronic monitoring devices and satellite tracking systems; and
</text>
</subclause>
<subclause id="H43320FE8964E48EAB77DA6836D59BB35">
<enum>
(II)
</enum>
<text>
improving data collection for recreational fisheries, including improvements to the Marine Recreational Fishery Statistics Survey in accordance with section 401(g)(3) of the Magnuson-Stevens Fishery Conservation and Management Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1881">
16 U.S.C. 1881(g)(3)
</external-xref>
);
</text>
</subclause>
</clause>
<clause id="H4EDE127F34E64C82AA1C0C98860CF5C5">
<enum>
(iii)
</enum>
<text>
analyzing the social and economic impacts of fishery management decisions;
</text>
</clause>
<clause id="HC937E6EB11274D8296E71BF3ECE6582E">
<enum>
(iv)
</enum>
<text>
providing financial assistance to, and investment in, fishermen and fishing communities through—
</text>
<subclause id="H6095EBC123C343DCA98D1C6E291477F9">
<enum>
(I)
</enum>
<text>
fishing capacity reduction, including vessel, permit, and gear buybacks; and
</text>
</subclause>
<subclause id="HAF3C0307B97A4759B91F5550B3EC5E6C">
<enum>
(II)
</enum>
<text>
investment in permit banks or trusts and other entities, including community fishing associations and projects designed to help sustain fishery dependent communities and small-scale fisheries;
</text>
</subclause>
</clause>
<clause id="HDB9B55C409354BF097450F98AF4E7243">
<enum>
(v)
</enum>
<text>
development of methods or technologies to improve the quality and value of fish landed;
</text>
</clause>
<clause id="HC763037BCD5641219A969CC698999866">
<enum>
(vi)
</enum>
<text>
research and development of conservation engineering technologies and methods in both commercial and recreational fisheries; and
</text>
</clause>
<clause id="HCA147899E940412E85E63A055563C554">
<enum>
(vii)
</enum>
<text>
habitat restoration and protection;
</text>
</clause>
</subparagraph>
<subparagraph id="HF1D82E4CC7AA43209A6427C03977FDE7">
<enum>
(C)
</enum>
<text>
be revised by the regional fishery investment committee and approved by the Council at least once every 5 years;
</text>
</subparagraph>
<subparagraph id="HEED142873FF640E8AFBBD67FCAC8F202">
<enum>
(D)
</enum>
<text>
be submitted to the Secretary for review to ensure the plan is consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1801">
16 U.S.C. 1801 et seq.
</external-xref>
), and this section;
</text>
</subparagraph>
<subparagraph id="H145D6F431D2A4803A7C39FB0AABC7826">
<enum>
(E)
</enum>
<text>
be published in the Federal Register and made available for public comment; and
</text>
</subparagraph>
<subparagraph id="H9E4EC087B655489A94D704D1E6FFA2EA">
<enum>
(F)
</enum>
<text>
become effective not later than 60 days after the date of receipt unless the Secretary makes a negative consistency finding.
</text>
</subparagraph>
</paragraph>
<paragraph id="H73450D628ADF49B8845B64ADF782744B">
<enum>
(3)
</enum>
<header>
Negative consistency finding
</header>
<text>
If the Secretary makes a negative consistency finding under paragraph (2)(F), each portion of the plan that is the subject of the negative consistency finding shall not be effective until it is made consistent by the regional fishery investment committee and the Council.
</text>
</paragraph>
<paragraph id="H96F3FB19A3DD4FBFA7826B83F23C6EAE">
<enum>
(4)
</enum>
<header>
Regional Fishery Investment Grant Program
</header>
<text>
Not later than 30 days after the date of enactment of the
<short-title>
Fisheries Disaster Relief and Research Investment Act
</short-title>
, the Secretary shall establish an annual competitive grant program to provide funds for projects, activities, and research that advance the regional priorities that are included in the regional fishery investment plans.
</text>
<subparagraph id="HC3B8BA81AD3B470681DCE50A8B88F810">
<enum>
(A)
</enum>
<header>
Eligible recipients
</header>
<text>
State, Federal, regional, or private entities or persons shall be eligible for funding with preference given to public-private partnerships.
</text>
</subparagraph>
<subparagraph id="H6399059208674BF3887423A331BF3215">
<enum>
(B)
</enum>
<header>
Awards
</header>
<text>
The Secretary may only award a grant for a project, activity, or research that—
</text>
<clause id="H8FB76678E082431BBE657E95F2744A15">
<enum>
(i)
</enum>
<text>
implements regional fishery investment plans; and
</text>
</clause>
<clause id="H38710EF3F2C6400B98B882756559142A">
<enum>
(ii)
</enum>
<text>
has been recommended for funding by the respective regional fishery investment committee and approved by the Council.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H956C0140E9664C739CB4AEA9D56F1A36">
<enum>
(b)
</enum>
<header>
National Fisheries Investment Program
</header>
<text>
Section 2(d) of the Act of August 11, 1939 (commonly known as the
<quote>
Saltonstall-Kennedy Act
</quote>
) (
<external-xref legal-doc="usc" parsable-cite="usc/15/713c-3">
15 U.S.C. 713c–3(d)
</external-xref>
), is amended—
</text>
<paragraph id="H07BA645631A24A9EBC88D837C0A1BFC1">
<enum>
(1)
</enum>
<text>
in paragraph (1), by striking
<quote>
research and development addressed to such aspects of United States fisheries (including, but not limited to, harvesting, processing, marketing, and associated infrastructures) if not adequately covered by projects assisted under subsection (c), as the Secretary deems appropriate
</quote>
and inserting
<quote>
fisheries research and investment that supports rebuilding and maintaining healthy United States fish populations and promotes sustainable fisheries. The program shall address fisheries needs and problems described under subsection (e)(1)(B).
</quote>
; and
</text>
</paragraph>
<paragraph id="H2F5C64AC7DE74FF3835918DF43E06CEA">
<enum>
(2)
</enum>
<text>
in paragraph (2)—
</text>
<subparagraph id="H0E36B5ED7E6A41CAB6BC5E48CC5BBA83">
<enum>
(A)
</enum>
<text>
by striking
<quote>
, after consultation with appropriate representatives of the fishing industry,
</quote>
;
</text>
</subparagraph>
<subparagraph id="H64D2CA45CBE745879B52492BFDBC52EC">
<enum>
(B)
</enum>
<text>
by striking
<quote>
Merchant Marine and Fisheries
</quote>
and inserting
<quote>
Natural Resources
</quote>
;
</text>
</subparagraph>
<subparagraph id="H0BC80AB25A5942F8887C7626C696D027">
<enum>
(C)
</enum>
<text>
in subparagraph (A), by striking
<quote>
development goals and funding priorities under paragraph (1)
</quote>
and inserting
<quote>
investment priorities
</quote>
;
</text>
</subparagraph>
<subparagraph id="H463B1264F1A64677970DC4583FBBB3BB">
<enum>
(D)
</enum>
<text>
in subparagraph (B), by striking
<quote>
all pending projects assisted under subsection (c)
</quote>
and all that follows and inserting
<quote>
the projects funded by the Secretary under this subsection; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H7E3DA7A268AA4EA4A9C3AB131D3EDF93">
<enum>
(E)
</enum>
<text>
in subparagraph (C), by striking
<quote>
each project assisted
</quote>
and all that follows and inserting
<quote>
how well the project met the fisheries needs described in subsection (e)(1).
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H991C3FA5FD7D45E886FC1A535B9ED61A">
<enum>
(c)
</enum>
<header>
Division of resources
</header>
<text>
Section 2(e)(1) of the Act of August 11, 1939 (commonly known as the
<quote>
Saltonstall-Kennedy Act
</quote>
) (
<external-xref legal-doc="usc" parsable-cite="usc/15/713c-3">
15 U.S.C. 713c–3(e)(1)
</external-xref>
), is amended—
</text>
<paragraph id="H75F3C3D42FF3452B88D74B994651AAC6">
<enum>
(1)
</enum>
<text>
by striking
<quote>
moneys
</quote>
each place it appears and inserting
<quote>
monies
</quote>
;
</text>
</paragraph>
<paragraph id="H7C022CE793C3496595F61487CFAC2D7E">
<enum>
(2)
</enum>
<text>
by striking
<quote>
purpose of promoting
</quote>
and inserting
<quote>
purposes of investing in
</quote>
;
</text>
</paragraph>
<paragraph id="HC900331118444B2C8F9CDAA110028349">
<enum>
(3)
</enum>
<text>
by inserting
<quote>
or diverted
</quote>
following
<quote>
shall be transferred
</quote>
; and
</text>
</paragraph>
<paragraph id="H08B0C10E7D4940F79C27093ECCF1B540">
<enum>
(4)
</enum>
<text>
by striking subparagraph (A) and all the follows through the end of the paragraph and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HDA8D2AA216C04D93A59DA072CD3E897D" style="OLC">
<subparagraph id="HB32726ECF21C4DDF98A4F09976E83FB9">
<enum>
(A)
</enum>
<text>
The Secretary shall allocate 70 percent of such monies available at the beginning of each fiscal year to the 8 Council regions and the Secretary in accordance with the following formula pursuant to subsection (c):
</text>
<clause id="HD918AB8F0ED2489BAD6E07CDCDD9F803">
<enum>
(i)
</enum>
<text>
One-half allocated equally among the Council regions.
</text>
</clause>
<clause id="HFDCA005F24574F3A81B748960983953D">
<enum>
(ii)
</enum>
<text>
One-half allocated proportionally among the Council regions based on the combined economic impact of commercial landings and recreational fishing in each region.
</text>
</clause>
</subparagraph>
<subparagraph id="HA31674B16FE644D5BF82CD0439AC5D01">
<enum>
(B)
</enum>
<text>
20 percent of such monies shall be available to the Secretary under subsection (d) for projects addressing fisheries needs and problems, as identified by the Secretary, as follows:
</text>
<clause id="HD55D5FA1AD284D86AAEDFC1BC001986C">
<enum>
(i)
</enum>
<text>
Up to one-fifth shall be allocated to, and apportioned as the Secretary deems appropriate among, the Atlantic States Marine Fisheries Commission, the Gulf States Marine Fisheries Commission, and the Pacific States Marine Fisheries Commission.
</text>
</clause>
<clause id="HA1F4564DCE69452BB196FB8D39235FB3">
<enum>
(ii)
</enum>
<text>
Up to one-fifth shall be allocated to seafood promotion and sustainable certification efforts.
</text>
</clause>
<clause id="H63E4A85C04E44CCEA3F596840C3794C6">
<enum>
(iii)
</enum>
<text>
Up to one-fifth shall be allocated to improve fisheries’ management through research, monitoring or evaluation, and modification of regulations and procedures.
</text>
</clause>
<clause id="H990AAFA5B01D4E849C96AA920DCBE2BE">
<enum>
(iv)
</enum>
<text>
Up to one-fifth shall be allocated to fisheries’ disasters, and shoreside infrastructure and access needs.
</text>
</clause>
<clause id="H74D7324FBA4E41ECB2BA747E9221E64A">
<enum>
(v)
</enum>
<text>
Up to one-fifth shall be allocated to other special needs, including management of highly migratory species and international fisheries.
</text>
</clause>
</subparagraph>
<subparagraph id="HE81A0B206BF7411DA3066830F5BED8B7">
<enum>
(C)
</enum>
<text>
Any of such monies remaining after the annual fiscal year allocations made pursuant to subparagraph (B) shall remain available to the Secretary without fiscal year limitation for future such allocations.
</text>
</subparagraph>
<paragraph id="H6751540DE2734570B677F1BAF671FB6B">
<enum>
(2)
</enum>
<header>
Limitation
</header>
<text>
Not more than 10 percent of the monies referred to in paragraph (1) each fiscal year may be used to offset receipts for the National Oceanic and Atmospheric Administration’s Operations, Research, and Facilities account.
</text>
</paragraph>
<paragraph id="H57F59408D5204B788A6E0DAC98B5FF1B">
<enum>
(3)
</enum>
<header>
Annual notification
</header>
<text>
The Secretary shall notify annually each Council of funds available for grants in its region.
</text>
</paragraph>
<paragraph id="H22212F1F36264FE0AFFFBA2A07C65720">
<enum>
(4)
</enum>
<header>
Administrative costs
</header>
<text>
Prior to the allocation of monies under paragraph (1) each fiscal year, the Secretary—
</text>
<subparagraph id="HA3C47555D0D64CC98C1E88693CD0F24F">
<enum>
(A)
</enum>
<text>
may reserve up to 3 percent of such monies for the administration of the grant program; and
</text>
</subparagraph>
<subparagraph id="H564A9D2659854C168A347138D0246A84">
<enum>
(B)
</enum>
<text>
shall distribute 3 percent of such monies equally among each of the 8 Councils for the development and implementation of fishery investment plans and grant review.
</text>
</subparagraph>
</paragraph>
<paragraph id="HBF6B7A461F524B59A1035CDD351644FD">
<enum>
(5)
</enum>
<header>
Maintenance of effort
</header>
<text>
Except as provided in paragraph (2), the Secretary may not reduce or eliminate funding for any research, survey, monitoring, or assessment activities necessary to meet the conservation and management requirements of the Magnuson-Stevens Fishery Conservation and Management Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1801">
16 U.S.C. 1801 et seq.
</external-xref>
) as a result of funding provided under this section.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H90D900E6E62B414BA0906B79E5C7BCDE">
<enum>
(d)
</enum>
<header>
Fishery disaster assistance funding
</header>
<text display-inline="yes-display-inline">
Notwithstanding any provision of section 2 of the Act of August 11, 1939 (commonly known as the
<quote>
Saltonstall-Kennedy Act
</quote>
) (
<external-xref legal-doc="usc" parsable-cite="usc/15/713c-3">
15 U.S.C. 713c–3
</external-xref>
) and the amendments made by this Act, the Secretary of Commerce shall cause the amount transferred to the Secretary for fiscal year 2014 under subsection (b)(1) of such section to be distributed among eligible recipients of assistance for commercial fishery failures and fishery disasters declared by the Secretary of Commerce in calendar year 2012 under sections 308(b) and 308(d) of the Interjurisdicitional Fisheries Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/4107">
16 U.S.C. 4107
</external-xref>
) and sections 312(a) and 315 of the Magnuson-Stevens Fishery Conservation and Management Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1861a">
16 U.S.C. 1861a(a)
</external-xref>
and 1864).
</text>
</subsection>
</section>
<section id="HBA7552E697404B1D89038FB3ED828AC7">
<enum>
4.
</enum>
<header>
Focusing assets for improved fisheries outcomes
</header>
<text display-inline="no-display-inline">
Section 2(b) of the Act of August 11, 1939 (commonly known as the
<quote>
Saltonstall-Kennedy Act
</quote>
) (
<external-xref legal-doc="usc" parsable-cite="usc/15/713c-3">
15 U.S.C. 713c–3(b)
</external-xref>
), is amended—
</text>
<paragraph id="H69282E83D1D44937A7199C1611F2A109">
<enum>
(1)
</enum>
<text>
by striking
<quote>
(1)
</quote>
;
</text>
</paragraph>
<paragraph id="H68EE52D66C7B4DB8823B509729A1C9D3">
<enum>
(2)
</enum>
<text>
by striking
<quote>
and ending on June 30, 1957,
</quote>
;
</text>
</paragraph>
<paragraph id="H1FD228384D354BBFB182993AA03A67E6">
<enum>
(3)
</enum>
<text>
by striking
<quote>
moneys
</quote>
the first place it appears and inserting
<quote>
monies
</quote>
; and
</text>
</paragraph>
<paragraph id="H631F62BEBF9A4EDF9CCC25DD6771AF34">
<enum>
(4)
</enum>
<text>
by striking
<quote>
shall be maintained in a separate fund only for
</quote>
and all that follows and inserting
<quote>
and shall only be used for the purposes described under subsection (c).
</quote>
.
</text>
</paragraph>
</section>
<section id="H2259844F6817462EAAC26747A2505B60">
<enum>
5.
</enum>
<header>
Regulation and procedure streamlining
</header>
<subsection id="H9126BF2FAE5F4F7B8172BA588A97714F">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
For the 2 fiscal years following the date of enactment of this Act, the Secretary of Commerce shall use funds available under section 2(e)(2) of the Act of August 11, 1939 (commonly known as the
<quote>
Saltonstall-Kennedy Act
</quote>
) (
<external-xref legal-doc="usc" parsable-cite="usc/15/713c-3">
15 U.S.C. 713c–3
</external-xref>
), to conduct a review of the regulations and procedures used to implement title III of the Magnuson-Stevens Fishery Conservation and Management Act (90 Stat. 346).
</text>
</subsection>
<subsection id="H1DD20EEADEC843A09DDEA9D2FA0687CE">
<enum>
(b)
</enum>
<header>
Review requirements
</header>
<text>
The review under subsection (a) shall—
</text>
<paragraph id="H6C904C2D9AAB43BBBEC633BEC434D16F">
<enum>
(1)
</enum>
<text>
identify redundant and inefficient regulations and procedures;
</text>
</paragraph>
<paragraph id="HB8BB2491D80C4C6E88DB04D0AA86F174">
<enum>
(2)
</enum>
<text>
make recommendations for streamlining such regulations and procedures, including recommendations to eliminate unnecessary paperwork, reduce bureaucratic restrictions, and speed the inclusion of new information into management decisions; and
</text>
</paragraph>
<paragraph id="H13556865A7BA47ED938D99BE19B36615">
<enum>
(3)
</enum>
<text>
ensure that any recommended modifications to regulations or procedures are consistent with the Magnuson-Stevens Fishery Conservation and Management Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1801">
16 U.S.C. 1801 et seq.
</external-xref>
), and any other applicable law.
</text>
</paragraph>
</subsection>
</section>
<section id="HAE2756E86C054CD9A38F7278E7D09EF6">
<enum>
6.
</enum>
<header>
Promulgation of regulations
</header>
<text display-inline="no-display-inline">
Not later than 90 days after the date of enactment of this Act, the Secretary shall promulgate regulations to implement the requirements of this Act.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 799 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Tierney (for himself, Mr. Markey , Mr. Keating , Mr. Lynch , Mr. Jones , Mr. Langevin , and Mr. Cicilline ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide exclusive funding to support fisheries and the communities that rely upon them, to clear unnecessary regulatory burdens and streamline Federal fisheries management, and for other purposes.
1. Short title This Act may be cited as the Fisheries Disaster Relief and Research Investment Act . 2. Definitions Section 2(a) of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act ) ( 15 U.S.C. 713c–3(a) ), is amended— (1) by redesignating paragraph (1) as paragraph (2); (2) by inserting before paragraph (2), as redesignated, the following: (1) The term fishery investment committee means a committee of a regional fishery management council established under subsection (c)(1). ; (3) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (4), (5), (6), and (7), respectively; (4) by inserting before paragraph (4), as redesignated, the following: (3) The term regional fishery investment plan means a plan developed by a fishery investment committee under subsection (c)(2). ; and (5) by adding at the end the following: (8) The applicable definition under section 3 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1802 ), shall apply to any term used in this Act that is not defined under this subsection. . 3. Regional fisheries investment grant program (a) Regional Fisheries Investment Grant Program and Fishery Investment Plans Section 2 of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act ) ( 15 U.S.C. 713c–3 ), is amended by amending subsection (c) to read as follows: (c) Strengthening Regional Fisheries Management (1) Fishery investment committees (A) Establishment Each Council shall establish and maintain, under the authority of section 302(g) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(g) ), a fishery investment committee. Each fishery investment committee shall be comprised of not more than 13 individuals. (B) Authority Each fishery investment committee shall— (i) develop a regional fishery investment plan under subsection (c)(2); (ii) review grant applications and projects to implement its regional fishery investment plan; and (iii) make recommendations, based on its findings, to the Council on grant applications and projects to implement its regional fishery investment plan. (C) Membership (i) Qualifications Each member of a fishery investment committee shall be an individual who, by reason of the individual's occupational experience or other experience, scientific expertise, or training, is knowledgeable of the conservation and management of, or the commercial or recreational catch of, the fishery resources of the geographical area concerned. (ii) Nominations Each member of a fishery investment committee— (I) shall be nominated and elected by the applicable Council during a public meeting of the Council; (II) shall serve for a 3-year term; and (III) may be re-elected for an additional 3-year consecutive term. (iii) Conflicts of interest A member of a fishery investment committee shall recuse himself or herself from considering any grant application that the member has a financial interest that would require disclosure under section 302(j)(2) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(j)(2) ). (D) Composition Each fishery investment committee shall be multi-disciplinary, reflect the geographic balance of the Council, and include at least 1 representative of— (i) the commercial fishing community; (ii) the private recreational angling community; (iii) the for-profit charter fishing community; (iv) the public interest in marine conservation who— (I) does not derive an annual income from commercial or recreational fishing; and (II) is not employed by any person who derives an annual income from commercial or recreational fishing; (v) each State government in the region; (vi) relevant interstate commissions; (vii) federally recognized tribes, where applicable; and (viii) research institutions. (2) Regional Fishery Investment Plans Each fishery investment committee shall develop a regional fishery investment plan that identifies critical research, conservation, and management needs and corresponding actions to facilitate rebuilding and maintaining healthy fish populations and sustainable fisheries over a 5-year period. Each plan shall— (A) be consistent with the current 5-year research priority plans developed under section 302(h)(7) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(h)(7) ); (B) include areas of investment that are critical for rebuilding and maintaining healthy United States fish populations and promoting sustainable fisheries, including— (i) stock surveys, stock assessments and analysis, and cooperative fishery research, in conjunction with the National Oceanic and Atmospheric Administration, involving fishery participants, academic institutions, and other interested parties; (ii) efforts to improve the collection and accuracy of fishery catch data, including— (I) expanding the use of, and research and development on, catch monitoring and reporting programs and technology, both at-sea and shoreside, including the use of electronic monitoring devices and satellite tracking systems; and (II) improving data collection for recreational fisheries, including improvements to the Marine Recreational Fishery Statistics Survey in accordance with section 401(g)(3) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881(g)(3) ); (iii) analyzing the social and economic impacts of fishery management decisions; (iv) providing financial assistance to, and investment in, fishermen and fishing communities through— (I) fishing capacity reduction, including vessel, permit, and gear buybacks; and (II) investment in permit banks or trusts and other entities, including community fishing associations and projects designed to help sustain fishery dependent communities and small-scale fisheries; (v) development of methods or technologies to improve the quality and value of fish landed; (vi) research and development of conservation engineering technologies and methods in both commercial and recreational fisheries; and (vii) habitat restoration and protection; (C) be revised by the regional fishery investment committee and approved by the Council at least once every 5 years; (D) be submitted to the Secretary for review to ensure the plan is consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ), and this section; (E) be published in the Federal Register and made available for public comment; and (F) become effective not later than 60 days after the date of receipt unless the Secretary makes a negative consistency finding. (3) Negative consistency finding If the Secretary makes a negative consistency finding under paragraph (2)(F), each portion of the plan that is the subject of the negative consistency finding shall not be effective until it is made consistent by the regional fishery investment committee and the Council. (4) Regional Fishery Investment Grant Program Not later than 30 days after the date of enactment of the Fisheries Disaster Relief and Research Investment Act , the Secretary shall establish an annual competitive grant program to provide funds for projects, activities, and research that advance the regional priorities that are included in the regional fishery investment plans. (A) Eligible recipients State, Federal, regional, or private entities or persons shall be eligible for funding with preference given to public-private partnerships. (B) Awards The Secretary may only award a grant for a project, activity, or research that— (i) implements regional fishery investment plans; and (ii) has been recommended for funding by the respective regional fishery investment committee and approved by the Council. . (b) National Fisheries Investment Program Section 2(d) of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act ) ( 15 U.S.C. 713c–3(d) ), is amended— (1) in paragraph (1), by striking research and development addressed to such aspects of United States fisheries (including, but not limited to, harvesting, processing, marketing, and associated infrastructures) if not adequately covered by projects assisted under subsection (c), as the Secretary deems appropriate and inserting fisheries research and investment that supports rebuilding and maintaining healthy United States fish populations and promotes sustainable fisheries. The program shall address fisheries needs and problems described under subsection (e)(1)(B). ; and (2) in paragraph (2)— (A) by striking , after consultation with appropriate representatives of the fishing industry, ; (B) by striking Merchant Marine and Fisheries and inserting Natural Resources ; (C) in subparagraph (A), by striking development goals and funding priorities under paragraph (1) and inserting investment priorities ; (D) in subparagraph (B), by striking all pending projects assisted under subsection (c) and all that follows and inserting the projects funded by the Secretary under this subsection; and ; and (E) in subparagraph (C), by striking each project assisted and all that follows and inserting how well the project met the fisheries needs described in subsection (e)(1). . (c) Division of resources Section 2(e)(1) of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act ) ( 15 U.S.C. 713c–3(e)(1) ), is amended— (1) by striking moneys each place it appears and inserting monies ; (2) by striking purpose of promoting and inserting purposes of investing in ; (3) by inserting or diverted following shall be transferred ; and (4) by striking subparagraph (A) and all the follows through the end of the paragraph and inserting the following: (A) The Secretary shall allocate 70 percent of such monies available at the beginning of each fiscal year to the 8 Council regions and the Secretary in accordance with the following formula pursuant to subsection (c): (i) One-half allocated equally among the Council regions. (ii) One-half allocated proportionally among the Council regions based on the combined economic impact of commercial landings and recreational fishing in each region. (B) 20 percent of such monies shall be available to the Secretary under subsection (d) for projects addressing fisheries needs and problems, as identified by the Secretary, as follows: (i) Up to one-fifth shall be allocated to, and apportioned as the Secretary deems appropriate among, the Atlantic States Marine Fisheries Commission, the Gulf States Marine Fisheries Commission, and the Pacific States Marine Fisheries Commission. (ii) Up to one-fifth shall be allocated to seafood promotion and sustainable certification efforts. (iii) Up to one-fifth shall be allocated to improve fisheries’ management through research, monitoring or evaluation, and modification of regulations and procedures. (iv) Up to one-fifth shall be allocated to fisheries’ disasters, and shoreside infrastructure and access needs. (v) Up to one-fifth shall be allocated to other special needs, including management of highly migratory species and international fisheries. (C) Any of such monies remaining after the annual fiscal year allocations made pursuant to subparagraph (B) shall remain available to the Secretary without fiscal year limitation for future such allocations. (2) Limitation Not more than 10 percent of the monies referred to in paragraph (1) each fiscal year may be used to offset receipts for the National Oceanic and Atmospheric Administration’s Operations, Research, and Facilities account. (3) Annual notification The Secretary shall notify annually each Council of funds available for grants in its region. (4) Administrative costs Prior to the allocation of monies under paragraph (1) each fiscal year, the Secretary— (A) may reserve up to 3 percent of such monies for the administration of the grant program; and (B) shall distribute 3 percent of such monies equally among each of the 8 Councils for the development and implementation of fishery investment plans and grant review. (5) Maintenance of effort Except as provided in paragraph (2), the Secretary may not reduce or eliminate funding for any research, survey, monitoring, or assessment activities necessary to meet the conservation and management requirements of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) as a result of funding provided under this section. . (d) Fishery disaster assistance funding Notwithstanding any provision of section 2 of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act ) ( 15 U.S.C. 713c–3 ) and the amendments made by this Act, the Secretary of Commerce shall cause the amount transferred to the Secretary for fiscal year 2014 under subsection (b)(1) of such section to be distributed among eligible recipients of assistance for commercial fishery failures and fishery disasters declared by the Secretary of Commerce in calendar year 2012 under sections 308(b) and 308(d) of the Interjurisdicitional Fisheries Act ( 16 U.S.C. 4107 ) and sections 312(a) and 315 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a(a) and 1864). 4. Focusing assets for improved fisheries outcomes Section 2(b) of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act ) ( 15 U.S.C. 713c–3(b) ), is amended— (1) by striking (1) ; (2) by striking and ending on June 30, 1957, ; (3) by striking moneys the first place it appears and inserting monies ; and (4) by striking shall be maintained in a separate fund only for and all that follows and inserting and shall only be used for the purposes described under subsection (c). . 5. Regulation and procedure streamlining (a) In general For the 2 fiscal years following the date of enactment of this Act, the Secretary of Commerce shall use funds available under section 2(e)(2) of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act ) ( 15 U.S.C. 713c–3 ), to conduct a review of the regulations and procedures used to implement title III of the Magnuson-Stevens Fishery Conservation and Management Act (90 Stat. 346). (b) Review requirements The review under subsection (a) shall— (1) identify redundant and inefficient regulations and procedures; (2) make recommendations for streamlining such regulations and procedures, including recommendations to eliminate unnecessary paperwork, reduce bureaucratic restrictions, and speed the inclusion of new information into management decisions; and (3) ensure that any recommended modifications to regulations or procedures are consistent with the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ), and any other applicable law. 6. Promulgation of regulations Not later than 90 days after the date of enactment of this Act, the Secretary shall promulgate regulations to implement the requirements of this Act. |
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113 HR 800 IH: To amend part B of title XVIII of the Social Security Act to exclude customary prompt pay discounts from manufacturers to wholesalers from the average sales price for drugs and biologicals under Medicare.
</dc:title>
<dc:publisher>
U.S. House of Representatives
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2013-02-15
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I
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113th CONGRESS
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1st Session
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<legis-num>
H. R. 800
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<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="W000413">
Mr. Whitfield
</sponsor>
(for himself,
<cosponsor name-id="G000410">
Mr. Gene Green of Texas
</cosponsor>
,
<cosponsor name-id="N000181">
Mr. Nunes
</cosponsor>
,
<cosponsor name-id="K000188">
Mr. Kind
</cosponsor>
,
<cosponsor name-id="D000197">
Ms. DeGette
</cosponsor>
,
<cosponsor name-id="G000568">
Mr. Griffith of Virginia
</cosponsor>
,
<cosponsor name-id="S001185">
Ms. Sewell of Alabama
</cosponsor>
,
<cosponsor name-id="R000572">
Mr. Rogers of Michigan
</cosponsor>
,
<cosponsor name-id="C001075">
Mr. Cassidy
</cosponsor>
,
<cosponsor name-id="B001259">
Mr. Braley of Iowa
</cosponsor>
,
<cosponsor name-id="S000250">
Mr. Sessions
</cosponsor>
,
<cosponsor name-id="B001243">
Mrs. Blackburn
</cosponsor>
,
<cosponsor name-id="S000364">
Mr. Shimkus
</cosponsor>
,
<cosponsor name-id="W000791">
Mr. Walden
</cosponsor>
,
<cosponsor name-id="H001047">
Mr. Himes
</cosponsor>
,
<cosponsor name-id="G000558">
Mr. Guthrie
</cosponsor>
,
<cosponsor name-id="H000067">
Mr. Hall
</cosponsor>
,
<cosponsor name-id="T000462">
Mr. Tiberi
</cosponsor>
,
<cosponsor name-id="O000168">
Mr. Olson
</cosponsor>
,
<cosponsor name-id="W000806">
Mr. Webster of Florida
</cosponsor>
,
<cosponsor name-id="C001069">
Mr. Courtney
</cosponsor>
,
<cosponsor name-id="H001032">
Mr. Holt
</cosponsor>
,
<cosponsor name-id="T000193">
Mr. Thompson of Mississippi
</cosponsor>
,
<cosponsor name-id="S001156">
Ms. Linda T. Sánchez of California
</cosponsor>
,
<cosponsor name-id="C001036">
Mrs. Capps
</cosponsor>
,
<cosponsor name-id="B001242">
Mr. Bishop of New York
</cosponsor>
,
<cosponsor name-id="H000324">
Mr. Hastings of Florida
</cosponsor>
,
<cosponsor name-id="G000550">
Mr. Gingrey of Georgia
</cosponsor>
,
<cosponsor name-id="F000461">
Mr. Flores
</cosponsor>
,
<cosponsor name-id="B001248">
Mr. Burgess
</cosponsor>
,
<cosponsor name-id="C001049">
Mr. Clay
</cosponsor>
, and
<cosponsor name-id="C001068">
Mr. Cohen
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and Commerce
</committee-name>
, and in addition to the Committee on
<committee-name committee-id="HWM00">
Ways and Means
</committee-name>
, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend part B of title XVIII of the Social Security Act to exclude customary prompt pay discounts from manufacturers to wholesalers from the average sales price for drugs and biologicals under Medicare.
</official-title>
</form>
<legis-body id="H15386A5DC6F947F6A04B0538AC87C4DB" style="OLC">
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<enum>
1.
</enum>
<header>
Excluding customary prompt pay discounts from manufacturers to wholesalers from the average sales price for Medicare payments for drugs and biologicals
</header>
<subsection id="H3BEE0127E7F646C4B256205EFDF70A11">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Section 1847A(c)(3) of the Social Security Act (42 U.S.C. 1395w–3a(c)(3)) is amended—
</text>
<paragraph id="H74A8CC5ED9094F4C994350B8D0F8E505">
<enum>
(1)
</enum>
<text>
in the first sentence, by inserting
<quote>
(other than customary prompt pay discounts extended to wholesalers)
</quote>
after
<quote>
prompt pay discounts
</quote>
; and
</text>
</paragraph>
<paragraph id="HA0F06E3A41974111802DAF2561A8FCB2">
<enum>
(2)
</enum>
<text>
in the second sentence, by inserting
<quote>
(other than customary prompt pay discounts extended to wholesalers)
</quote>
after
<quote>
other price concessions
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H2BF5C0D3FB0D4C4F83A64EE338A6DB9F">
<enum>
(b)
</enum>
<header>
Effective date
</header>
<text>
The amendments made by this section shall apply to drugs and biologicals that are furnished on or after January 1, 2014.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 800 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Whitfield (for himself, Mr. Gene Green of Texas , Mr. Nunes , Mr. Kind , Ms. DeGette , Mr. Griffith of Virginia , Ms. Sewell of Alabama , Mr. Rogers of Michigan , Mr. Cassidy , Mr. Braley of Iowa , Mr. Sessions , Mrs. Blackburn , Mr. Shimkus , Mr. Walden , Mr. Himes , Mr. Guthrie , Mr. Hall , Mr. Tiberi , Mr. Olson , Mr. Webster of Florida , Mr. Courtney , Mr. Holt , Mr. Thompson of Mississippi , Ms. Linda T. Sánchez of California , Mrs. Capps , Mr. Bishop of New York , Mr. Hastings of Florida , Mr. Gingrey of Georgia , Mr. Flores , Mr. Burgess , Mr. Clay , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend part B of title XVIII of the Social Security Act to exclude customary prompt pay discounts from manufacturers to wholesalers from the average sales price for drugs and biologicals under Medicare.
1. Excluding customary prompt pay discounts from manufacturers to wholesalers from the average sales price for Medicare payments for drugs and biologicals (a) In general Section 1847A(c)(3) of the Social Security Act (42 U.S.C. 1395w–3a(c)(3)) is amended— (1) in the first sentence, by inserting (other than customary prompt pay discounts extended to wholesalers) after prompt pay discounts ; and (2) in the second sentence, by inserting (other than customary prompt pay discounts extended to wholesalers) after other price concessions . (b) Effective date The amendments made by this section shall apply to drugs and biologicals that are furnished on or after January 1, 2014. |
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113 HR 801 EH: Holding Company Registration Threshold Equalization Act of 2014
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U.S. House of Representatives
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113th CONGRESS
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2d Session
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<legis-num>
H. R. 801
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<current-chamber display="no">
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<legis-type>
AN ACT
</legis-type>
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To amend the Securities Exchange Act of 1934 to make the shareholder threshold for registration of savings and loan holding companies the same as for bank holding companies.
</official-title>
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<legis-body id="H649B0FF7B0AF47C98B028442930049E3" style="OLC">
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1.
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</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Holding Company Registration Threshold Equalization Act of 2014
</short-title>
</quote>
.
</text>
</section>
<section id="H9D5FE42EC8514F51949BD27FEDD260DD">
<enum>
2.
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<header>
Registration threshold for savings and loan holding companies
</header>
<text display-inline="no-display-inline">
The Securities Exchange Act of 1934 (
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15 U.S.C. 78a et seq.
</external-xref>
) is amended—
</text>
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(1)
</enum>
<text>
in section 12(g)—
</text>
<subparagraph id="H5BA623F1A9C1483F923EEB3099A8D847">
<enum>
(A)
</enum>
<text>
in paragraph (1)(B), by inserting after
<quote>
is a bank
</quote>
the following:
<quote>
, a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act),
</quote>
; and
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(B)
</enum>
<text display-inline="yes-display-inline">
in paragraph (4), by inserting after
<quote>
case of a bank
</quote>
the following:
<quote>
, a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act),
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HF52071A667BB428EB46F8631242A2366">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in section 15(d), by striking
<quote>
case of bank
</quote>
and inserting the following:
<quote>
case of a bank, a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act),
</quote>
.
</text>
</paragraph>
</section>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20140114">
Passed the House of Representatives January 14, 2014.
</attestation-date>
<attestor display="no">
Karen L. Haas,
</attestor>
<role>
Clerk.
</role>
</attestation-group>
</attestation>
<endorsement display="yes"/>
</bill>
| I 113th CONGRESS 2d Session H. R. 801 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Securities Exchange Act of 1934 to make the shareholder threshold for registration of savings and loan holding companies the same as for bank holding companies.
1. Short title This Act may be cited as the Holding Company Registration Threshold Equalization Act of 2014 . 2. Registration threshold for savings and loan holding companies The Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) is amended— (1) in section 12(g)— (A) in paragraph (1)(B), by inserting after is a bank the following: , a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act), ; and (B) in paragraph (4), by inserting after case of a bank the following: , a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act), ; and (2) in section 15(d), by striking case of bank and inserting the following: case of a bank, a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act), .
Passed the House of Representatives January 14, 2014. Karen L. Haas, Clerk. |
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113th CONGRESS
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H. R. 801
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IN THE HOUSE OF REPRESENTATIVES
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February 15, 2013
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Mr. Womack
</sponsor>
(for
himself,
<cosponsor name-id="H001047">
Mr. Himes
</cosponsor>
,
<cosponsor name-id="W000812">
Mrs. Wagner
</cosponsor>
, and
<cosponsor name-id="D000620">
Mr. Delaney
</cosponsor>
) introduced the following
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Committee
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<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Securities Exchange Act of 1934 to make the
shareholder threshold for registration of savings and loan holding companies
the same as for bank holding companies.
</official-title>
</form>
<legis-body id="H649B0FF7B0AF47C98B028442930049E3" style="OLC">
<section id="H34F218EB6E9B469AA3143FF6FFEDD339" section-type="section-one">
<enum>
1.
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<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Holding Company Registration Threshold Equalization Act of
2013
</short-title>
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.
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</section>
<section id="H9D5FE42EC8514F51949BD27FEDD260DD">
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2.
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<header>
Registration
threshold for savings and loan holding companies
</header>
<text display-inline="no-display-inline">
The Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) is amended—
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(1)
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(1)(B), by inserting after
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is a bank
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the following:
<quote>
, a
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(B)
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in paragraph (4), by inserting after
<quote>
case of a bank
</quote>
the following:
<quote>
, a savings and loan
holding company (as defined in section 10 of the Home Owners' Loan
Act),
</quote>
; and
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<paragraph id="HF52071A667BB428EB46F8631242A2366">
<enum>
(2)
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in section 15(d), by striking
<quote>
case
of bank
</quote>
and inserting the following:
<quote>
case of a bank, a savings
and loan holding company (as defined in section 10 of the Home Owners' Loan
Act),
</quote>
.
</text>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 801 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Womack (for himself, Mr. Himes , Mrs. Wagner , and Mr. Delaney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Exchange Act of 1934 to make the shareholder threshold for registration of savings and loan holding companies the same as for bank holding companies.
1. Short title This Act may be cited as the Holding Company Registration Threshold Equalization Act of 2013 . 2. Registration threshold for savings and loan holding companies The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended— (1) in section 12(g)— (A) in paragraph (1)(B), by inserting after is a bank the following: , a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act), ; and (B) in paragraph (4), by inserting after case of a bank the following: , a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act), ; and (2) in section 15(d), by striking case of bank and inserting the following: case of a bank, a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act), . |
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113 HR 801 : Holding Company Registration Threshold Equalization Act of 2014
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U.S. House of Representatives
</dc:publisher>
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2014-01-15
</dc:date>
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text/xml
</dc:format>
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EN
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
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IIB
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
2d Session
</session>
<legis-num>
H. R. 801
</legis-num>
<current-chamber display="yes">
IN THE SENATE OF THE UNITED STATES
</current-chamber>
<action>
<action-date date="20140115">
January 15, 2014
</action-date>
<action-desc>
Received; read twice and referred to the
<committee-name committee-id="SSBK00">
Committee on Banking, Housing, and Urban Affairs
</committee-name>
</action-desc>
</action>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
To amend the Securities Exchange Act of 1934 to make the shareholder threshold for registration of savings and loan holding companies the same as for bank holding companies.
</official-title>
</form>
<legis-body id="H649B0FF7B0AF47C98B028442930049E3" style="OLC">
<section id="H34F218EB6E9B469AA3143FF6FFEDD339" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Holding Company Registration Threshold Equalization Act of 2014
</short-title>
</quote>
.
</text>
</section>
<section id="H9D5FE42EC8514F51949BD27FEDD260DD">
<enum>
2.
</enum>
<header>
Registration threshold for savings and loan holding companies
</header>
<text display-inline="no-display-inline">
The Securities Exchange Act of 1934 (
<external-xref legal-doc="usc" parsable-cite="usc/15/78a">
15 U.S.C. 78a et seq.
</external-xref>
) is amended—
</text>
<paragraph id="HFA179247D3104671ADACFE705E58EF3A">
<enum>
(1)
</enum>
<text>
in section 12(g)—
</text>
<subparagraph id="H5BA623F1A9C1483F923EEB3099A8D847">
<enum>
(A)
</enum>
<text>
in paragraph (1)(B), by inserting after
<quote>
is a bank
</quote>
the following:
<quote>
, a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act),
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HAC9E8614783A4A1098FC3B005648FC6E">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in paragraph (4), by inserting after
<quote>
case of a bank
</quote>
the following:
<quote>
, a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act),
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HF52071A667BB428EB46F8631242A2366">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in section 15(d), by striking
<quote>
case of bank
</quote>
and inserting the following:
<quote>
case of a bank, a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act),
</quote>
.
</text>
</paragraph>
</section>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20140114">
Passed the House of Representatives January 14, 2014.
</attestation-date>
<attestor display="yes">
Karen L. Haas,
</attestor>
<role>
Clerk
</role>
</attestation-group>
</attestation>
</bill>
| IIB 113th CONGRESS 2d Session H. R. 801 IN THE SENATE OF THE UNITED STATES January 15, 2014 Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs AN ACT To amend the Securities Exchange Act of 1934 to make the shareholder threshold for registration of savings and loan holding companies the same as for bank holding companies.
1. Short title This Act may be cited as the Holding Company Registration Threshold Equalization Act of 2014 . 2. Registration threshold for savings and loan holding companies The Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) is amended— (1) in section 12(g)— (A) in paragraph (1)(B), by inserting after is a bank the following: , a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act), ; and (B) in paragraph (4), by inserting after case of a bank the following: , a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act), ; and (2) in section 15(d), by striking case of bank and inserting the following: case of a bank, a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act), .
Passed the House of Representatives January 14, 2014. Karen L. Haas, Clerk |
113-hr-801-rh-dtd | 113-hr-801 | 113 | hr | 801 | rh | bills | data/govinfo/BILLS/113/2/hr/BILLS-113hr801rh.xml | BILLS-113hr801rh.xml | 2023-01-07 05:50:01.387 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 801 RH: Holding Company Registration Threshold Equalization Act of 2013
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U.S. House of Representatives
</dc:publisher>
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2014-01-14
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text/xml
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EN
</dc:language>
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
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IB
</distribution-code>
<calendar display="yes">
Union Calendar No. 242
</calendar>
<congress display="yes">
113th CONGRESS
</congress>
<session display="yes">
2d Session
</session>
<legis-num>
H. R. 801
</legis-num>
<associated-doc display="yes" role="report">
[Report No. 113–325]
</associated-doc>
<current-chamber display="yes">
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="W000809">
Mr. Womack
</sponsor>
(for himself,
<cosponsor name-id="H001047">
Mr. Himes
</cosponsor>
,
<cosponsor name-id="W000812">
Mrs. Wagner
</cosponsor>
, and
<cosponsor name-id="D000620">
Mr. Delaney
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name committee-id="HBA00">
Committee on Financial Services
</committee-name>
</action-desc>
</action>
<action>
<action-date date="20140114">
January 14, 2014
</action-date>
<action-desc>
Additional sponsors:
<cosponsor name-id="Q000023">
Mr. Quigley
</cosponsor>
,
<cosponsor name-id="P000598">
Mr. Polis
</cosponsor>
, and
<cosponsor name-id="R000586">
Mr. Renacci
</cosponsor>
</action-desc>
</action>
<action>
<action-date date="20140114">
January 14, 2014
</action-date>
<action-desc>
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
<pagebreak/>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title display="yes">
To amend the Securities Exchange Act of 1934 to make the shareholder threshold for registration of savings and loan holding companies the same as for bank holding companies.
<pagebreak/>
</official-title>
</form>
<legis-body id="H649B0FF7B0AF47C98B028442930049E3" style="OLC">
<section id="H34F218EB6E9B469AA3143FF6FFEDD339" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Holding Company Registration Threshold Equalization Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="H9D5FE42EC8514F51949BD27FEDD260DD">
<enum>
2.
</enum>
<header>
Registration threshold for savings and loan holding companies
</header>
<text display-inline="no-display-inline">
The Securities Exchange Act of 1934 (
<external-xref legal-doc="usc" parsable-cite="usc/15/78a">
15 U.S.C. 78a et seq.
</external-xref>
) is amended—
</text>
<paragraph id="HFA179247D3104671ADACFE705E58EF3A">
<enum>
(1)
</enum>
<text>
in section 12(g)—
</text>
<subparagraph id="H5BA623F1A9C1483F923EEB3099A8D847">
<enum>
(A)
</enum>
<text>
in paragraph (1)(B), by inserting after
<quote>
is a bank
</quote>
the following:
<quote>
, a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act),
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HAC9E8614783A4A1098FC3B005648FC6E">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in paragraph (4), by inserting after
<quote>
case of a bank
</quote>
the following:
<quote>
, a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act),
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HF52071A667BB428EB46F8631242A2366">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in section 15(d), by striking
<quote>
case of bank
</quote>
and inserting the following:
<quote>
case of a bank, a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act),
</quote>
.
</text>
</paragraph>
</section>
</legis-body>
<endorsement display="yes">
<action-date date="20140114">
January 14, 2014
</action-date>
<action-desc>
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
</action-desc>
</endorsement>
</bill>
| IB Union Calendar No. 242 113th CONGRESS 2d Session H. R. 801 [Report No. 113–325] IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Womack (for himself, Mr. Himes , Mrs. Wagner , and Mr. Delaney ) introduced the following bill; which was referred to the Committee on Financial Services January 14, 2014 Additional sponsors: Mr. Quigley , Mr. Polis , and Mr. Renacci January 14, 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To amend the Securities Exchange Act of 1934 to make the shareholder threshold for registration of savings and loan holding companies the same as for bank holding companies.
1. Short title This Act may be cited as the Holding Company Registration Threshold Equalization Act of 2013 . 2. Registration threshold for savings and loan holding companies The Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) is amended— (1) in section 12(g)— (A) in paragraph (1)(B), by inserting after is a bank the following: , a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act), ; and (B) in paragraph (4), by inserting after case of a bank the following: , a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act), ; and (2) in section 15(d), by striking case of bank and inserting the following: case of a bank, a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act), .
January 14, 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed |
113-hr-802-ih-dtd | 113-hr-802 | 113 | hr | 802 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr802ih.xml | BILLS-113hr802ih.xml | 2023-01-08 17:37:49.060 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H3CE218025713472796433247C413F2E1" public-private="private">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 802 IH: For the relief of Roberto Luis Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona, and Pablo Dunoyer Cardona.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-15
</dc:date>
<dc:format>
text/xml
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EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
<distribution-code display="yes">
V
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 802
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130215">
February 15, 2013
</action-date>
<action-desc>
<sponsor name-id="H001048">
Mr. Hunter
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HJU00">
Committee on the
Judiciary
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
For the relief of Roberto Luis Dunoyer Mejia, Consuelo
Cardona Molina, Camilo Dunoyer Cardona, and Pablo Dunoyer
Cardona.
</official-title>
</form>
<legis-body id="H0ED46299F6BE499295AD4F7742FE5A43" style="OLC">
<section id="HA7E9CEDDB567471C8680B349DC0259C2" section-type="section-one">
<enum>
1.
</enum>
<header>
Permanent resident status for
Roberto Luis Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona,
and Pablo Dunoyer Cardona
</header>
<subsection id="H6C45E8C0512043A38A08C0E1AC617018">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Notwithstanding
subsections (a) and (b) of section 201 of the Immigration and Nationality Act,
Roberto Luis Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona,
and Pablo Dunoyer Cardona shall each be eligible for issuance of an immigrant
visa or for adjustment of status to that of an alien lawfully admitted for
permanent residence upon filing an application for issuance of an immigrant
visa under section 204 of such Act or for adjustment of status to lawful
permanent resident.
</text>
</subsection>
<subsection id="H618D85239DF542D8BF7D0E8FBBC205F6">
<enum>
(b)
</enum>
<header>
Adjustment of
status
</header>
<text display-inline="yes-display-inline">
If Roberto Luis
Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona, or Pablo
Dunoyer Cardona enters the United States before the filing deadline specified
in subsection (c), he or she shall be considered to have entered and remained
lawfully and shall, if otherwise eligible, be eligible for adjustment of status
under section 245 of the Immigration and Nationality Act as of the date of the
enactment of this Act.
</text>
</subsection>
<subsection id="H135D17C19A3D4A15BB0997308CD3783B">
<enum>
(c)
</enum>
<header>
Deadline for
application and payment of fees
</header>
<text>
Subsections (a) and (b) shall
apply only if the application for issuance of an immigrant visa or the
application for adjustment of status is filed with appropriate fees within 2
years after the date of the enactment of this Act.
</text>
</subsection>
<subsection id="HF05BE5FCF03D49BC8670A9822F941F5F">
<enum>
(d)
</enum>
<header>
Reduction of
immigrant visa number
</header>
<text display-inline="yes-display-inline">
Upon
the granting of an immigrant visa or permanent residence to Roberto Luis
Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona, and Pablo
Dunoyer Cardona, the Secretary of State shall instruct the proper officer to
reduce by 4, during the current or next following fiscal year, the total number
of immigrant visas that are made available to natives of the country of the
aliens’ birth under section 203(a) of the Immigration and Nationality Act or,
if applicable, the total number of immigrant visas that are made available to
natives of the country of the aliens’ birth under section 202(e) of such
Act.
</text>
</subsection>
<subsection id="H93EC171FC7454E75B415DF46FF755841">
<enum>
(e)
</enum>
<header>
Denial of
preferential immigration treatment for certain relatives
</header>
<text display-inline="yes-display-inline">
The natural parents, brothers, and sisters
of Roberto Luis Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona,
and Pablo Dunoyer Cardona shall not, by virtue of such relationship, be
accorded any right, privilege, or status under the Immigration and Nationality
Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| V 113th CONGRESS 1st Session H. R. 802 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Hunter introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Roberto Luis Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona, and Pablo Dunoyer Cardona.
1. Permanent resident status for Roberto Luis Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona, and Pablo Dunoyer Cardona (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Roberto Luis Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona, and Pablo Dunoyer Cardona shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status If Roberto Luis Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona, or Pablo Dunoyer Cardona enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number Upon the granting of an immigrant visa or permanent residence to Roberto Luis Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona, and Pablo Dunoyer Cardona, the Secretary of State shall instruct the proper officer to reduce by 4, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives The natural parents, brothers, and sisters of Roberto Luis Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona, and Pablo Dunoyer Cardona shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. |
113-hr-803-eas-dtd | 113-hr-803 | 113 | hr | 803 | eas | bills | data/govinfo/BILLS/113/2/hr/BILLS-113hr803eas.xml | BILLS-113hr803eas.xml | 2023-01-07 02:37:01.694 | dtd | amendment-doc | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<amendment-doc amend-degree="first" amend-type="engrossed-amendment">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 803 EAS: Workforce Innovation and Opportunity Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2014-06-25
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<engrossed-amendment-form>
<congress display="no">
113th CONGRESS
</congress>
<session display="no">
2d Session
</session>
<legis-num display="no">
H.R. 803
</legis-num>
<current-chamber display="yes">
In the Senate of the United States,
</current-chamber>
<action>
<action-date date="20140625">
June 25, 2014.
</action-date>
</action>
<legis-type display="yes">
Amendments:
</legis-type>
</engrossed-amendment-form>
<engrossed-amendment-body>
<section id="id2583103d3c834554be9e3298b5b3f1b1" section-type="resolved">
<text>
That the bill from the House of Representatives (H.R. 803) entitled
<quote>
An Act to reform and strengthen the workforce investment system of the Nation to put Americans back
to work and make the United States more competitive in the 21st century.
</quote>
, do pass with the following
</text>
</section>
<amendment>
<amendment-instruction blank-lines-after="0">
<text>
Strike all after the enacting clause and insert the following:
</text>
</amendment-instruction>
<amendment-block blank-lines-after="1" changed="added" reported-display-style="italic">
<section id="id1ceed516-78bd-44ee-8400-5858b095e17a" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title; table of contents
</header>
<subsection id="id5be44fce-3236-4f7f-9ac7-613cbfa6ad59">
<enum>
(a)
</enum>
<header>
Short title
</header>
<text>
This Act may be cited as the
<quote>
<short-title>
Workforce Innovation and Opportunity Act
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="idfed60079-956a-4202-8174-b2395cec8353">
<enum>
(b)
</enum>
<header>
Table of contents
</header>
<text>
The table of contents for this Act is as follows:
</text>
<toc changed="added" reported-display-style="italic">
<toc-entry idref="id1ceed516-78bd-44ee-8400-5858b095e17a" level="section">
Sec. 1. Short title; table of contents.
</toc-entry>
<toc-entry idref="id67afacc7-5e9c-4a37-8fed-a0d47622e49a" level="section">
Sec. 2. Purposes.
</toc-entry>
<toc-entry idref="idd056ec85-9ab4-46ae-bbac-02513ea72f25" level="section">
Sec. 3. Definitions.
</toc-entry>
<toc-entry level="title">
TITLE I—Workforce development activities
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—System alignment
</toc-entry>
<toc-entry level="chapter">
Chapter 1—State provisions
</toc-entry>
<toc-entry level="section">
Sec. 101. State workforce development boards.
</toc-entry>
<toc-entry level="section">
Sec. 102. Unified State plan.
</toc-entry>
<toc-entry level="section">
Sec. 103. Combined State plan.
</toc-entry>
<toc-entry level="chapter">
Chapter 2—Local provisions
</toc-entry>
<toc-entry level="section">
Sec. 106. Workforce development areas.
</toc-entry>
<toc-entry level="section">
Sec. 107. Local workforce development boards.
</toc-entry>
<toc-entry level="section">
Sec. 108. Local plan.
</toc-entry>
<toc-entry level="chapter">
Chapter 3—Board Provisions
</toc-entry>
<toc-entry level="section">
Sec. 111. Funding of State and local boards.
</toc-entry>
<toc-entry level="chapter">
Chapter 4—Performance accountability
</toc-entry>
<toc-entry level="section">
Sec. 116. Performance accountability system.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—Workforce investment activities and providers
</toc-entry>
<toc-entry level="chapter">
Chapter 1—Workforce investment activities and providers
</toc-entry>
<toc-entry level="section">
Sec. 121. Establishment of one-stop delivery systems.
</toc-entry>
<toc-entry level="section">
Sec. 122. Identification of eligible providers of training services.
</toc-entry>
<toc-entry level="section">
Sec. 123. Eligible providers of youth workforce investment activities.
</toc-entry>
<toc-entry level="chapter">
Chapter 2—Youth workforce investment activities
</toc-entry>
<toc-entry level="section">
Sec. 126. General authorization.
</toc-entry>
<toc-entry level="section">
Sec. 127. State allotments.
</toc-entry>
<toc-entry level="section">
Sec. 128. Within State allocations.
</toc-entry>
<toc-entry level="section">
Sec. 129. Use of funds for youth workforce investment activities.
</toc-entry>
<toc-entry level="chapter">
Chapter 3—Adult and dislocated worker employment and training activities
</toc-entry>
<toc-entry level="section">
Sec. 131. General authorization.
</toc-entry>
<toc-entry level="section">
Sec. 132. State allotments.
</toc-entry>
<toc-entry level="section">
Sec. 133. Within State allocations.
</toc-entry>
<toc-entry level="section">
Sec. 134. Use of funds for employment and training activities.
</toc-entry>
<toc-entry level="chapter">
Chapter 4—General workforce investment provisions
</toc-entry>
<toc-entry level="section">
Sec. 136. Authorization of appropriations.
</toc-entry>
</toc>
<toc changed="added" reported-display-style="italic">
<toc-entry level="subtitle">
Subtitle C—Job Corps
</toc-entry>
<toc-entry level="section">
Sec. 141. Purposes.
</toc-entry>
<toc-entry level="section">
Sec. 142. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 143. Establishment.
</toc-entry>
<toc-entry level="section">
Sec. 144. Individuals eligible for the Job Corps.
</toc-entry>
<toc-entry level="section">
Sec. 145. Recruitment, screening, selection, and assignment of enrollees.
</toc-entry>
<toc-entry level="section">
Sec. 146. Enrollment.
</toc-entry>
<toc-entry level="section">
Sec. 147. Job Corps centers.
</toc-entry>
<toc-entry level="section">
Sec. 148. Program activities.
</toc-entry>
<toc-entry level="section">
Sec. 149. Counseling and job placement.
</toc-entry>
<toc-entry level="section">
Sec. 150. Support.
</toc-entry>
<toc-entry level="section">
Sec. 151. Operations.
</toc-entry>
<toc-entry level="section">
Sec. 152. Standards of conduct.
</toc-entry>
<toc-entry level="section">
Sec. 153. Community participation.
</toc-entry>
<toc-entry level="section">
Sec. 154. Workforce councils.
</toc-entry>
<toc-entry level="section">
Sec. 155. Advisory committees.
</toc-entry>
<toc-entry level="section">
Sec. 156. Experimental projects and technical assistance.
</toc-entry>
<toc-entry level="section">
Sec. 157. Application of provisions of Federal law.
</toc-entry>
<toc-entry level="section">
Sec. 158. Special provisions.
</toc-entry>
<toc-entry level="section">
Sec. 159. Management information.
</toc-entry>
<toc-entry level="section">
Sec. 160. General provisions.
</toc-entry>
<toc-entry level="section">
Sec. 161. Job Corps oversight and reporting.
</toc-entry>
<toc-entry level="section">
Sec. 162. Authorization of appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—National programs
</toc-entry>
<toc-entry level="section">
Sec. 166. Native American programs.
</toc-entry>
<toc-entry level="section">
Sec. 167. Migrant and seasonal farmworker programs.
</toc-entry>
<toc-entry level="section">
Sec. 168. Technical assistance.
</toc-entry>
<toc-entry level="section">
Sec. 169. Evaluations and research.
</toc-entry>
<toc-entry level="section">
Sec. 170. National dislocated worker grants.
</toc-entry>
<toc-entry level="section">
Sec. 171. YouthBuild program.
</toc-entry>
<toc-entry level="section">
Sec. 172. Authorization of appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle E—Administration
</toc-entry>
<toc-entry level="section">
Sec. 181. Requirements and restrictions.
</toc-entry>
<toc-entry level="section">
Sec. 182. Prompt allocation of funds.
</toc-entry>
<toc-entry level="section">
Sec. 183. Monitoring.
</toc-entry>
<toc-entry level="section">
Sec. 184. Fiscal controls; sanctions.
</toc-entry>
<toc-entry level="section">
Sec. 185. Reports; recordkeeping; investigations.
</toc-entry>
<toc-entry level="section">
Sec. 186. Administrative adjudication.
</toc-entry>
<toc-entry level="section">
Sec. 187. Judicial review.
</toc-entry>
<toc-entry level="section">
Sec. 188. Nondiscrimination.
</toc-entry>
<toc-entry level="section">
Sec. 189. Secretarial administrative authorities and responsibilities.
</toc-entry>
<toc-entry level="section">
Sec. 190. Workforce flexibility plans.
</toc-entry>
<toc-entry level="section">
Sec. 191. State legislative authority.
</toc-entry>
<toc-entry level="section">
Sec. 192. Transfer of Federal equity in State employment security agency real property to the
States.
</toc-entry>
<toc-entry level="section">
Sec. 193. Continuation of State activities and policies.
</toc-entry>
<toc-entry level="section">
Sec. 194. General program requirements.
</toc-entry>
<toc-entry level="section">
Sec. 195. Restrictions on lobbying activities.
</toc-entry>
<toc-entry level="title">
TITLE II—Adult education and literacy
</toc-entry>
<toc-entry level="section">
Sec. 201. Short title.
</toc-entry>
<toc-entry level="section">
Sec. 202. Purpose.
</toc-entry>
<toc-entry level="section">
Sec. 203. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 204. Home schools.
</toc-entry>
<toc-entry level="section">
Sec. 205. Rule of construction regarding postsecondary transition and concurrent enrollment
activities.
</toc-entry>
<toc-entry level="section">
Sec. 206. Authorization of appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Federal provisions
</toc-entry>
<toc-entry level="section">
Sec. 211. Reservation of funds; grants to eligible agencies; allotments.
</toc-entry>
<toc-entry level="section">
Sec. 212. Performance accountability system.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—State provisions
</toc-entry>
<toc-entry level="section">
Sec. 221. State administration.
</toc-entry>
<toc-entry level="section">
Sec. 222. State distribution of funds; matching requirement.
</toc-entry>
<toc-entry level="section">
Sec. 223. State leadership activities.
</toc-entry>
<toc-entry level="section">
Sec. 224. State plan.
</toc-entry>
<toc-entry level="section">
Sec. 225. Programs for corrections education and other institutionalized individuals.
</toc-entry>
<toc-entry level="subtitle">
Subtitle C—Local provisions
</toc-entry>
<toc-entry level="section">
Sec. 231. Grants and contracts for eligible providers.
</toc-entry>
<toc-entry level="section">
Sec. 232. Local application.
</toc-entry>
<toc-entry level="section">
Sec. 233. Local administrative cost limits.
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—General provisions
</toc-entry>
<toc-entry level="section">
Sec. 241. Administrative provisions.
</toc-entry>
<toc-entry level="section">
Sec. 242. National leadership activities.
</toc-entry>
<toc-entry level="section">
Sec. 243. Integrated English literacy and civics education.
</toc-entry>
<toc-entry level="title">
TITLE III—Amendments to the Wagner-Peyser Act
</toc-entry>
<toc-entry level="section">
Sec. 301. Employment service offices.
</toc-entry>
<toc-entry level="section">
Sec. 302. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 303. Federal and State employment service offices.
</toc-entry>
<toc-entry level="section">
Sec. 304. Allotment of sums.
</toc-entry>
<toc-entry level="section">
Sec. 305. Use of sums.
</toc-entry>
<toc-entry level="section">
Sec. 306. State plan.
</toc-entry>
<toc-entry level="section">
Sec. 307. Performance measures.
</toc-entry>
<toc-entry level="section">
Sec. 308. Workforce and labor market information system.
</toc-entry>
<toc-entry level="title">
TITLE IV—Amendments to the Rehabilitation Act of 1973
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Introductory Provisions
</toc-entry>
<toc-entry level="section">
Sec. 401. References.
</toc-entry>
<toc-entry level="section">
Sec. 402. Findings, purpose, policy.
</toc-entry>
<toc-entry level="section">
Sec. 403. Rehabilitation Services Administration.
</toc-entry>
<toc-entry level="section">
Sec. 404. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 405. Administration of the Act.
</toc-entry>
<toc-entry level="section">
Sec. 406. Reports.
</toc-entry>
<toc-entry level="section">
Sec. 407. Evaluation and information.
</toc-entry>
<toc-entry level="section">
Sec. 408. Carryover.
</toc-entry>
<toc-entry level="section">
Sec. 409. Traditionally underserved populations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—Vocational rehabilitation services
</toc-entry>
<toc-entry level="section">
Sec. 411. Declaration of policy; authorization of appropriations.
</toc-entry>
<toc-entry level="section">
Sec. 412. State plans.
</toc-entry>
<toc-entry level="section">
Sec. 413. Eligibility and individualized plan for employment.
</toc-entry>
<toc-entry level="section">
Sec. 414. Vocational rehabilitation services.
</toc-entry>
<toc-entry level="section">
Sec. 415. State Rehabilitation Council.
</toc-entry>
<toc-entry level="section">
Sec. 416. Evaluation standards and performance indicators.
</toc-entry>
<toc-entry level="section">
Sec. 417. Monitoring and review.
</toc-entry>
<toc-entry level="section">
Sec. 418. Training and services for employers.
</toc-entry>
<toc-entry level="section">
Sec. 419. State allotments.
</toc-entry>
<toc-entry level="section">
Sec. 420. Payments to States.
</toc-entry>
<toc-entry level="section">
Sec. 421. Client assistance program.
</toc-entry>
<toc-entry level="section">
Sec. 422. Pre-employment transition services.
</toc-entry>
<toc-entry level="section">
Sec. 423. American Indian vocational rehabilitation services.
</toc-entry>
<toc-entry level="section">
Sec. 424. Vocational rehabilitation services client information.
</toc-entry>
<toc-entry level="subtitle">
Subtitle C—Research and Training
</toc-entry>
<toc-entry level="section">
Sec. 431. Purpose.
</toc-entry>
<toc-entry level="section">
Sec. 432. Authorization of appropriations.
</toc-entry>
<toc-entry level="section">
Sec. 433. National Institute on Disability, Independent Living, and Rehabilitation Research.
</toc-entry>
<toc-entry level="section">
Sec. 434. Interagency committee.
</toc-entry>
<toc-entry level="section">
Sec. 435. Research and other covered activities.
</toc-entry>
<toc-entry level="section">
Sec. 436. Disability, Independent Living, and Rehabilitation Research Advisory Council.
</toc-entry>
<toc-entry level="section">
Sec. 437. Definition of covered school.
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—Professional Development and Special Projects and Demonstration
</toc-entry>
<toc-entry level="section">
Sec. 441. Purpose; training.
</toc-entry>
<toc-entry level="section">
Sec. 442. Demonstration, training, and technical assistance programs.
</toc-entry>
<toc-entry level="section">
Sec. 443. Migrant and seasonal farmworkers; recreational programs.
</toc-entry>
<toc-entry level="subtitle">
Subtitle E—National Council on Disability
</toc-entry>
<toc-entry level="section">
Sec. 451. Establishment.
</toc-entry>
<toc-entry level="section">
Sec. 452. Report.
</toc-entry>
<toc-entry level="section">
Sec. 453. Authorization of appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle F—Rights and advocacy
</toc-entry>
<toc-entry level="section">
Sec. 456. Interagency Committee, Board, and Council.
</toc-entry>
<toc-entry level="section">
Sec. 457. Protection and advocacy of individual rights.
</toc-entry>
<toc-entry level="section">
Sec. 458. Limitations on use of subminimum wage.
</toc-entry>
<toc-entry level="subtitle">
Subtitle G—Employment Opportunities for Individuals With Disabilities
</toc-entry>
<toc-entry level="section">
Sec. 461. Employment opportunities for individuals with disabilities.
</toc-entry>
<toc-entry level="subtitle">
Subtitle H—Independent Living Services and Centers for Independent Living
</toc-entry>
<toc-entry level="chapter">
Chapter 1—Individuals with significant disabilities
</toc-entry>
<toc-entry level="subchapter">
SUBCHAPTER A—General provisions
</toc-entry>
<toc-entry level="section">
Sec. 471. Purpose.
</toc-entry>
<toc-entry level="section">
Sec. 472. Administration of the independent living program.
</toc-entry>
<toc-entry level="section">
Sec. 473. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 474. State plan.
</toc-entry>
<toc-entry level="section">
Sec. 475. Statewide Independent Living Council.
</toc-entry>
<toc-entry level="section">
Sec. 475A. Responsibilities of the Administrator.
</toc-entry>
<toc-entry level="subchapter">
SUBCHAPTER B—Independent living services
</toc-entry>
<toc-entry level="section">
Sec. 476. Administration.
</toc-entry>
<toc-entry level="subchapter">
SUBCHAPTER C—Centers for independent living
</toc-entry>
<toc-entry level="section">
Sec. 481. Program authorization.
</toc-entry>
<toc-entry level="section">
Sec. 482. Centers.
</toc-entry>
<toc-entry level="section">
Sec. 483. Standards and assurances.
</toc-entry>
<toc-entry level="section">
Sec. 484. Authorization of appropriations.
</toc-entry>
<toc-entry level="chapter">
Chapter 2—Independent Living Services for Older Individuals who are Blind
</toc-entry>
<toc-entry level="section">
Sec. 486. Independent living services for older individuals who are blind.
</toc-entry>
<toc-entry level="section">
Sec. 487. Program of grants.
</toc-entry>
<toc-entry level="section">
Sec. 488. Independent living services for older individuals who are blind authorization of
appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle I—General provisions
</toc-entry>
<toc-entry level="section">
Sec. 491. Transfer of functions regarding independent living to Department of Health and Human
Services, and savings provisions.
</toc-entry>
<toc-entry level="section">
Sec. 492. Table of contents.
</toc-entry>
<toc-entry level="title">
TITLE V—General provisions
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Workforce investment
</toc-entry>
<toc-entry level="section">
Sec. 501. Privacy.
</toc-entry>
<toc-entry level="section">
Sec. 502. Buy-American requirements.
</toc-entry>
<toc-entry level="section">
Sec. 503. Transition provisions.
</toc-entry>
<toc-entry level="section">
Sec. 504. Reduction of reporting burdens and requirements.
</toc-entry>
<toc-entry bold="off" level="section">
Sec. 505. Report on data capability of Federal and State databases and data exchange agreements.
</toc-entry>
<toc-entry level="section">
Sec. 506. Effective dates.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—Amendments to other laws
</toc-entry>
<toc-entry level="section">
Sec. 511. Repeal of the Workforce Investment Act of 1998.
</toc-entry>
<toc-entry level="section">
Sec. 512. Conforming amendments.
</toc-entry>
<toc-entry level="section">
Sec. 513. References.
</toc-entry>
</toc>
</subsection>
</section>
<section id="id67afacc7-5e9c-4a37-8fed-a0d47622e49a">
<enum>
2.
</enum>
<header>
Purposes
</header>
<text display-inline="no-display-inline">
The purposes of this Act are the following:
</text>
<paragraph id="idd6c9b8ff-671e-492e-b2db-6b3114e262b6">
<enum>
(1)
</enum>
<text>
To increase, for individuals in the United States, particularly those individuals with barriers to
employment, access to and opportunities for the employment, education,
training, and support services they need to succeed in the labor market.
</text>
</paragraph>
<paragraph id="id4dc0fcca-fdad-4bcc-96c3-451c8359d919">
<enum>
(2)
</enum>
<text>
To support the alignment of workforce investment, education, and economic development systems in
support of a comprehensive, accessible, and high-quality workforce
development system in the United States.
</text>
</paragraph>
<paragraph id="id1066a229-c240-4ed1-923b-d54c7b15536e">
<enum>
(3)
</enum>
<text>
To improve the quality and labor market relevance of workforce investment, education, and economic
development efforts to provide America's workers with the skills and
credentials necessary to secure and advance in employment with
family-sustaining wages and to provide America's employers with the
skilled workers the employers need to succeed in a global economy.
</text>
</paragraph>
<paragraph id="id83ebd34c-c4cb-4d98-95b8-a75befd7477c">
<enum>
(4)
</enum>
<text>
To promote improvement in the structure of and delivery of services through the United States
workforce development system to better address the employment and skill
needs of workers, jobseekers, and employers.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="id6666c586-9555-41fb-915f-6cbc319262bb">
<enum>
(5)
</enum>
<text>
To increase the prosperity of workers and employers in the United States, the economic growth of
communities, regions, and States, and the global competitiveness of the
United States.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="id8CA687E61C384117880E2AE7F8AC0EFE">
<enum>
(6)
</enum>
<text>
For purposes of subtitle A and B of title I, to provide
workforce investment activities, through statewide and local workforce
development systems, that increase the employment, retention, and earnings of
participants, and increase attainment of
recognized postsecondary credentials by participants, and as a result, improve
the quality of the workforce, reduce welfare dependency, increase economic
self-sufficiency, meet the skill requirements of employers, and enhance the
productivity and competitiveness of the Nation.
</text>
</paragraph>
</section>
<section id="idd056ec85-9ab4-46ae-bbac-02513ea72f25">
<enum>
3.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act, and the core program provisions that are not in this Act, except as otherwise
expressly provided:
</text>
<paragraph id="idb803833c16f74b06b9b913d3c39e2f17">
<enum>
(1)
</enum>
<header>
Administrative costs
</header>
<text>
The term
<term>
administrative costs
</term>
means expenditures incurred by State boards and local boards, direct recipients
(including State grant recipients under subtitle B of title I and
recipients of
awards under subtitles C and D of title I), local grant recipients, local
fiscal
agents or local grant subrecipients, and one-stop operators in the
performance of administrative functions and in carrying out activities
under title I that are not related to the direct provision of
workforce investment services (including services to participants and
employers). Such costs include both personnel and nonpersonnel costs and
both
direct and indirect costs.
</text>
</paragraph>
<paragraph id="id1687fea4-d04e-478b-bbb3-7ea7ac983a04">
<enum>
(2)
</enum>
<header>
Adult
</header>
<text>
Except as otherwise specified in section 132, the term
<term>
adult
</term>
means an individual who is age 18 or older.
</text>
</paragraph>
<paragraph id="id57fcba8a-0a6b-4a4c-b99c-ccfdae823a99">
<enum>
(3)
</enum>
<header>
Adult education; adult education and literacy activities
</header>
<text>
The terms
<term>
adult education
</term>
and
<term>
adult education and literacy activities
</term>
have the meanings given the terms in section 203.
</text>
</paragraph>
<paragraph id="idf53438b2-81ac-46c3-97ae-06b1269fb402">
<enum>
(4)
</enum>
<header>
Area career and technical education school
</header>
<text>
The term
<term>
area career and technical education school
</term>
has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education
Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2302">
20 U.S.C. 2302
</external-xref>
).
</text>
</paragraph>
<paragraph id="id5ba9f5a4-b4cd-4b00-93f9-e242ae5cd613">
<enum>
(5)
</enum>
<header>
Basic skills deficient
</header>
<text>
The term
<term>
basic skills deficient
</term>
means, with respect to an individual—
</text>
<subparagraph id="id5a7278f3-15fe-41f3-a5b5-70a91ba823cb">
<enum>
(A)
</enum>
<text>
who is a youth, that the individual has English reading, writing, or computing skills at or below
the 8th grade level on a generally accepted standardized test; or
</text>
</subparagraph>
<subparagraph id="id857ccfca-7db8-4f4b-99d9-028d37e1ec4f">
<enum>
(B)
</enum>
<text>
who is a youth or adult, that the individual is unable to compute or solve problems, or read,
write, or speak English, at a level necessary to function on the job, in
the individual's family, or in society.
</text>
</subparagraph>
</paragraph>
<paragraph id="iddeb64ec7-f8ed-430e-b7be-d6a6f1d9bc6e">
<enum>
(6)
</enum>
<header>
Career and technical education
</header>
<text>
The term
<term>
career and technical education
</term>
has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education
Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2302">
20 U.S.C. 2302
</external-xref>
).
</text>
</paragraph>
<paragraph id="id8e226db9-cdb0-4dad-a750-4f7c9a005ba2">
<enum>
(7)
</enum>
<header>
Career pathway
</header>
<text>
The term
<term>
career pathway
</term>
means a combination of rigorous and high-quality education, training, and other services that—
</text>
<subparagraph id="idf81692a6-2205-43e3-a703-e13d8f4e8a1a">
<enum>
(A)
</enum>
<text>
aligns with the skill needs of industries in the economy of the State or regional economy involved;
</text>
</subparagraph>
<subparagraph id="id150d7e3c-babf-4e0c-87e1-d8d9b4688e69">
<enum>
(B)
</enum>
<text>
prepares an individual to be successful in any of a
full range of secondary or postsecondary education
options, including
apprenticeships registered under the Act of August 16, 1937 (commonly
known as the
<quote>
National Apprenticeship Act
</quote>
; 50 Stat. 664, chapter 663;
<external-xref legal-doc="usc" parsable-cite="usc/29/50">
29 U.S.C. 50 et seq.
</external-xref>
) (referred to individually in this Act as an
<quote>
apprenticeship
</quote>
, except in section 171);
</text>
</subparagraph>
<subparagraph id="id8a76a734-d079-4ca9-ac36-258ec9e3b6a0">
<enum>
(C)
</enum>
<text>
includes counseling to support an individual in achieving the individual's education and career
goals;
</text>
</subparagraph>
<subparagraph id="id9f3de23a-0aff-4c7c-9c18-ad1cbbce0ac3">
<enum>
(D)
</enum>
<text>
includes, as appropriate, education offered concurrently with and in the same
context as workforce preparation activities and training for a specific
occupation or occupational cluster;
</text>
</subparagraph>
<subparagraph id="ida69965be-fe24-4cec-b158-b1f3be46c006">
<enum>
(E)
</enum>
<text>
organizes education, training, and other services to meet the particular needs of an individual
in a manner that accelerates the educational and career advancement of the
individual to the extent practicable;
</text>
</subparagraph>
<subparagraph id="id9df56cbb-175d-4edf-9410-6979915668f5">
<enum>
(F)
</enum>
<text>
enables an individual to attain a secondary school diploma or its recognized equivalent, and at
least 1
recognized postsecondary credential; and
</text>
</subparagraph>
<subparagraph id="id2502c1cd-4589-47a7-9fe7-1345e15e1fdb">
<enum>
(G)
</enum>
<text>
helps an individual enter or advance within a specific occupation or occupational cluster.
</text>
</subparagraph>
</paragraph>
<paragraph id="id402fd0a5-8f3c-4552-b682-a4c9d7045514">
<enum>
(8)
</enum>
<header>
Career planning
</header>
<text>
The term
<term>
career planning
</term>
means the provision of a client-centered approach in the delivery of services, designed—
</text>
<subparagraph id="ide37ba97f-4552-4531-85d2-0c09688cb54f">
<enum>
(A)
</enum>
<text>
to prepare and coordinate comprehensive employment plans, such as service strategies, for
participants to ensure access to necessary workforce investment activities
and supportive services, using, where feasible, computer-based
technologies; and
</text>
</subparagraph>
<subparagraph id="id0a9ecd96-5f21-4570-9a04-7a636bf1d92b">
<enum>
(B)
</enum>
<text>
to provide job, education, and career counseling, as appropriate during program participation and
after job placement.
</text>
</subparagraph>
</paragraph>
<paragraph id="id63eec1a3-66f1-45e6-962c-1816c21525bd">
<enum>
(9)
</enum>
<header>
Chief elected official
</header>
<text>
The term
<term>
chief elected official
</term>
means—
</text>
<subparagraph id="id6c42f56a-68a2-43a5-aa79-4c91247329ab">
<enum>
(A)
</enum>
<text>
the chief elected executive officer of a unit of general local government in a local area; and
</text>
</subparagraph>
<subparagraph id="idb2159881-f80d-4f1b-b62b-620c17d91d15">
<enum>
(B)
</enum>
<text>
in a case in which a local area includes more than 1 unit of general local government, the
individuals designated under the agreement described in section
107(c)(1)(B).
</text>
</subparagraph>
</paragraph>
<paragraph id="idd1605627-0f36-49fb-bba0-930611c76c72">
<enum>
(10)
</enum>
<header>
Community-based organization
</header>
<text>
The term
<term>
community-based organization
</term>
means a private nonprofit organization (which may include a faith-based organization), that is
representative of a community or a significant segment of a community and
that has demonstrated expertise and effectiveness in the field of
workforce development.
</text>
</paragraph>
<paragraph id="id8831215b-8e19-44e5-8e2e-6f65bdc594dc">
<enum>
(11)
</enum>
<header>
Competitive integrated employment
</header>
<text>
The term
<term>
competitive integrated employment
</term>
has the meaning given the term in section 7 of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/705">
29 U.S.C. 705
</external-xref>
), for
individuals with disabilities.
</text>
</paragraph>
<paragraph id="id30dc6aa5-f53d-4473-9984-e4fc0c54b2ca">
<enum>
(12)
</enum>
<header>
Core program
</header>
<text>
The term
<term>
core programs
</term>
means a program authorized under a core program provision.
</text>
</paragraph>
<paragraph id="idfd678ed1-0fc4-4960-9e9e-dc4e7fdef87c">
<enum>
(13)
</enum>
<header>
Core program provision
</header>
<text>
The term
<term>
core program provision
</term>
means—
</text>
<subparagraph id="iddea89e53-1c89-44e8-8226-68856a0a438c">
<enum>
(A)
</enum>
<text>
chapters 2 and 3 of subtitle B of title I (relating to youth workforce investment activities and
adult and dislocated worker employment and training activities);
</text>
</subparagraph>
<subparagraph id="ida6b79752-24bb-4948-a83f-7f7467767b2f">
<enum>
(B)
</enum>
<text>
title II (relating to adult education and literacy activities);
</text>
</subparagraph>
<subparagraph id="id95074e97-f6ca-4bd9-8da8-d2e19cd43933">
<enum>
(C)
</enum>
<text>
sections 1 through 13 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) (relating to employment
services); and
</text>
</subparagraph>
<subparagraph id="ida64093fc-62f9-4ed4-be7f-c81a5b08f908">
<enum>
(D)
</enum>
<text>
title I of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
), other than section 112 or part C
of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741) (relating to vocational rehabilitation
services).
</text>
</subparagraph>
</paragraph>
<paragraph id="ida15f895e-c8a8-4747-908f-3cd20684a4c0">
<enum>
(14)
</enum>
<header>
Customized training
</header>
<text>
The term
<term>
customized training
</term>
means training—
</text>
<subparagraph id="id3da2ac01-fdaa-4967-ac1f-9fe324f3f266">
<enum>
(A)
</enum>
<text>
that is designed to meet the specific requirements of an employer (including a group of employers);
</text>
</subparagraph>
<subparagraph id="id8a3aa37c-2281-4c9e-95ee-a7410bf844de">
<enum>
(B)
</enum>
<text>
that is conducted with a commitment by the employer to employ an individual upon successful
completion of the training; and
</text>
</subparagraph>
<subparagraph id="idad622f85-2a35-4c6c-b1b9-c8eaf73ea1b6">
<enum>
(C)
</enum>
<text>
for which the employer pays—
</text>
<clause id="id9380956b-4988-4665-801e-2a7004ab99a3">
<enum>
(i)
</enum>
<text>
a significant portion of the cost of training, as determined by the local board involved, taking
into account the size of the employer and such other factors as the local
board determines to be appropriate, which may include the number of
employees participating in training, wage and benefit levels of those
employees (at present and anticipated upon completion of the training),
relation of the training to the competitiveness of a participant, and
other employer-provided training and advancement opportunities; and
</text>
</clause>
<clause id="id9e5a7e3f-3f52-4783-b531-0843a1f9e0d8">
<enum>
(ii)
</enum>
<text>
in the case of customized training (as defined in subparagraphs (A) and (B)) involving an employer
located in multiple local areas in the State, a significant portion of the
cost of the training, as determined by the Governor of the State, taking
into account the size of the employer and such other factors as the
Governor determines to be appropriate.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id9a5d4e46-67a0-4fd9-8059-52080f86c3d6">
<enum>
(15)
</enum>
<header>
Dislocated worker
</header>
<text>
The term
<term>
dislocated worker
</term>
means an individual who—
</text>
<subparagraph id="idaba5d1ab-644f-4072-bb96-0e1dd2b2768b">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="id6d24f1c1-efc0-4b9a-997c-4ea4f0253987">
<enum>
(i)
</enum>
<text>
has been terminated or laid off, or who has received a notice of termination or layoff, from
employment;
</text>
</clause>
<clause changed="added" id="id1264e4a5-f236-43b3-ac80-5c6c80ce8804" indent="up1" reported-display-style="italic">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="id2c0a32f8-8066-4a4c-a8aa-d1695194a74c">
<enum>
(I)
</enum>
<text>
is eligible for or has exhausted entitlement to unemployment compensation; or
</text>
</subclause>
<subclause changed="added" id="id1e46331b-34dc-4315-9791-84b9f6fb2867" indent="up1" reported-display-style="italic">
<enum>
(II)
</enum>
<text>
has been employed for a duration sufficient to demonstrate, to the appropriate entity at a one-stop
center referred to in section 121(e), attachment to the workforce, but is
not eligible for unemployment compensation due to insufficient earnings or
having performed services for an employer that were not covered under a
State unemployment compensation law; and
</text>
</subclause>
</clause>
<clause changed="added" id="id38d95225-9ca9-4c80-a906-9bbac4859458" indent="up1" reported-display-style="italic">
<enum>
(iii)
</enum>
<text>
is unlikely to return to a previous industry or occupation;
</text>
</clause>
</subparagraph>
<subparagraph id="id68d39cb0-ae0b-4ec3-99a3-303b50d3891d">
<enum>
(B)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="idd031fd1c-8397-4f56-8f05-be6e6926e057">
<enum>
(i)
</enum>
<text>
has been terminated or laid off, or has received a notice of termination or layoff, from employment
as a result of any permanent closure of, or any substantial layoff at, a
plant, facility, or enterprise;
</text>
</clause>
<clause changed="added" id="id77759608-2bb3-493b-b261-3eb6555c944f" indent="up1" reported-display-style="italic">
<enum>
(ii)
</enum>
<text>
is employed at a facility at which the employer has made a general announcement that such facility
will close within 180 days; or
</text>
</clause>
<clause changed="added" id="id4ee2cd74-6a31-4862-bce8-c13a36df02ea" indent="up1" reported-display-style="italic">
<enum>
(iii)
</enum>
<text>
for purposes of eligibility to receive services other than training services described in section
134(c)(3), career services described in section 134(c)(2)(A)(xii), or
supportive services, is employed at a facility at which the employer has
made a general announcement that such facility will close;
</text>
</clause>
</subparagraph>
<subparagraph id="id77c71a2f-be45-423b-8cb4-6fcdbbc3f6bf">
<enum>
(C)
</enum>
<text>
was self-employed (including employment as a farmer, a rancher, or a fisherman) but is unemployed
as a result of general economic conditions in the community in which the
individual resides or because of natural disasters;
</text>
</subparagraph>
<subparagraph id="id7F706374915C4029B6A9A0D38545A926">
<enum>
(D)
</enum>
<text>
is a displaced homemaker; or
</text>
</subparagraph>
<subparagraph id="ida7128bc0-5a6d-4667-9e40-9f8e773cccd4">
<enum>
(E)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="id261efaaf-fcd6-420c-a84e-348447c29993">
<enum>
(i)
</enum>
<text>
is the spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) of
title 10, United States Code), and who has experienced a loss of
employment as a direct result of relocation to accommodate a permanent
change in duty station of such member; or
</text>
</clause>
<clause changed="added" id="idcd09f177-57d7-4109-9585-dd9d567ede64" indent="up1" reported-display-style="italic">
<enum>
(ii)
</enum>
<text>
is the spouse of a member of the Armed Forces on active duty and who meets the criteria described
in paragraph (16)(B).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="idb8d9f105-e85d-4773-8f0e-02ea3fd1b4ea">
<enum>
(16)
</enum>
<header>
Displaced homemaker
</header>
<text>
The term
<term>
displaced homemaker
</term>
means an individual who has been providing unpaid services to family members in the home and who—
</text>
<subparagraph id="id495d3c25-7cda-424d-9804-b2b2aea667b3">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="idf0d0dff7-cf49-4e72-b488-7030427b9944">
<enum>
(i)
</enum>
<text>
has been dependent on the income of another family member but is no longer supported by that
income; or
</text>
</clause>
<clause changed="added" id="id0fe04322-685c-44a3-bf55-24e5bcb5fd8d" indent="up1" reported-display-style="italic">
<enum>
(ii)
</enum>
<text>
is the dependent spouse of a member of the Armed Forces on active duty (as defined in section
101(d)(1) of title 10, United States Code) and whose family income is
significantly reduced because of a deployment (as defined in section
991(b) of title 10, United States Code, or pursuant to paragraph (4) of
such section), a call or order to active duty pursuant to a provision of
law referred to in
<external-xref legal-doc="usc" parsable-cite="usc/10/101">
section 101(a)(13)(B)
</external-xref>
of title 10, United States Code,
a permanent change of station, or the service-connected (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/38/101">
section 101(16)
</external-xref>
of title 38, United States Code) death or disability of
the member; and
</text>
</clause>
</subparagraph>
<subparagraph id="idc3d842b0-7814-454b-8bbc-22528bc7e003">
<enum>
(B)
</enum>
<text>
is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
</text>
</subparagraph>
</paragraph>
<paragraph id="idc12a6b33-60fa-4076-977f-b30d1a05af2f">
<enum>
(17)
</enum>
<header>
Economic development agency
</header>
<text>
The term
<term>
economic development agency
</term>
includes a local planning or zoning commission or board, a community development agency, or
another local agency or institution responsible for regulating, promoting,
or assisting in local economic development.
</text>
</paragraph>
<paragraph id="id1363551e-4e56-4338-91c0-3dddf0c1206f">
<enum>
(18)
</enum>
<header>
Eligible youth
</header>
<text>
Except as provided in subtitles C and D of title I, the term
<term>
eligible youth
</term>
means an in-school youth or out-of-school youth.
</text>
</paragraph>
<paragraph id="id1ea011e1-e247-464e-92bf-674bb9516df4">
<enum>
(19)
</enum>
<header>
Employment and training activity
</header>
<text>
The term
<term>
employment and training activity
</term>
means an activity described in section 134 that is carried out for an adult or dislocated worker.
</text>
</paragraph>
<paragraph id="idd9641a8a-ce95-4220-af81-8f4448009ac0">
<enum>
(20)
</enum>
<header>
English language acquisition program
</header>
<text>
The term
<term>
English language acquisition program
</term>
has the meaning given the term in section 203.
</text>
</paragraph>
<paragraph id="id181a30bf-93e7-4a83-afaa-722f3f0ab8f3">
<enum>
(21)
</enum>
<header>
English language learner
</header>
<text>
The term
<term>
English language learner
</term>
has the meaning given the term in section 203.
</text>
</paragraph>
<paragraph commented="no" id="idc8ce4216-008e-481e-adaa-9cdb302ae3a2">
<enum>
(22)
</enum>
<header>
Governor
</header>
<text>
The term
<term>
Governor
</term>
means the chief executive of a State or an outlying area.
</text>
</paragraph>
<paragraph id="id1b66e827-d0cf-43ae-b970-597596b044e6">
<enum>
(23)
</enum>
<header>
In-demand industry sector or occupation
</header>
<subparagraph id="idc9802dde-44ae-4933-a37b-22bfb219923a">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The term
<term>
in-demand industry sector or occupation
</term>
means—
</text>
<clause id="id5ff260a5-06ea-4ca2-9546-3c0d7e870879">
<enum>
(i)
</enum>
<text>
an industry sector that has a substantial current or potential impact (including through jobs that
lead to economic self-sufficiency and opportunities for advancement) on
the State, regional, or local economy, as appropriate, and
that
contributes to the growth or stability of other supporting businesses, or
the growth of other industry sectors; or
</text>
</clause>
<clause id="id5fd7aed5-c761-424a-9190-bfd12003e929">
<enum>
(ii)
</enum>
<text>
an occupation that currently has or is projected to have a number of positions (including positions
that lead to economic self-sufficiency and opportunities for advancement)
in an industry sector so as to have a significant impact on the State,
regional, or local economy, as appropriate.
</text>
</clause>
</subparagraph>
<subparagraph id="idd99d4e55-a8d2-4830-b6c2-7fb1e7ec3c87">
<enum>
(B)
</enum>
<header>
Determination
</header>
<text>
The determination of whether an industry sector or occupation is in-demand under this paragraph
shall be made by the State board or local board, as appropriate, using
State and regional business and labor market projections, including the
use of labor market information.
</text>
</subparagraph>
</paragraph>
<paragraph id="id1273c4cd-0eb1-4f73-b86c-b35483d96326">
<enum>
(24)
</enum>
<header>
Individual with a barrier to employment
</header>
<text>
The term
<term>
individual with a barrier to employment
</term>
means a member of 1 or more of the following populations:
</text>
<subparagraph id="id3166a57f-3f8a-4988-8c9b-2df2220cdcb5">
<enum>
(A)
</enum>
<text>
Displaced homemakers.
</text>
</subparagraph>
<subparagraph id="id7ddc5bae-741e-4d61-9d6e-5289c674211a">
<enum>
(B)
</enum>
<text>
Low-income individuals.
</text>
</subparagraph>
<subparagraph id="id053a7b3c-4536-4e7e-9a96-986934c625e7">
<enum>
(C)
</enum>
<text>
Indians, Alaska Natives, and Native Hawaiians, as such terms are defined in section 166.
</text>
</subparagraph>
<subparagraph id="idd3f390ad-b388-4c92-a823-c2cbe0491bcc">
<enum>
(D)
</enum>
<text>
Individuals with disabilities, including youth who are individuals with disabilities.
</text>
</subparagraph>
<subparagraph id="idef14ae92-dfad-4fed-a1f9-a5e4b660497c">
<enum>
(E)
</enum>
<text>
Older individuals.
</text>
</subparagraph>
<subparagraph id="id12468ad2-b2e5-48d9-99b3-7af1dc491168">
<enum>
(F)
</enum>
<text>
Ex-offenders.
</text>
</subparagraph>
<subparagraph id="idd854d2dd-e1e5-40c1-95bf-f0a12be959ef">
<enum>
(G)
</enum>
<text>
Homeless individuals (as defined in section 41403(6) of the Violence Against Women Act of 1994 (42
U.S.C. 14043e–2(6))), or homeless children and youths (as
defined in section 725(2) of the McKinney-Vento Homeless Assistance Act
(
<external-xref legal-doc="usc" parsable-cite="usc/42/11434a">
42 U.S.C. 11434a(2)
</external-xref>
)).
</text>
</subparagraph>
<subparagraph id="idd1797d91-2daf-45e5-aabd-15c81d25977f">
<enum>
(H)
</enum>
<text>
Youth who are in or have aged out of the foster care system.
</text>
</subparagraph>
<subparagraph id="id912bfa1e-25e0-4db4-8c64-f7e992eb9574">
<enum>
(I)
</enum>
<text>
Individuals who are English language learners, individuals who have low levels of literacy, and
individuals facing substantial cultural barriers.
</text>
</subparagraph>
<subparagraph id="idaa8d1684-b1b7-42af-bffd-c641b74a0beb">
<enum>
(J)
</enum>
<text>
Eligible migrant and seasonal farmworkers, as defined in section 167(i).
</text>
</subparagraph>
<subparagraph id="id8a16401a-32fa-49eb-8504-22f9a8e0980e">
<enum>
(K)
</enum>
<text>
Individuals within 2 years of exhausting lifetime eligibility under part A of title IV of the
Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/601">
42 U.S.C. 601 et seq.
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="id4f79aaa7-c521-4bfa-8c68-fed784ae184c">
<enum>
(L)
</enum>
<text>
Single parents (including single pregnant women).
</text>
</subparagraph>
<subparagraph id="idCFF7F599C7714F78A0033002207EBA3D">
<enum>
(M)
</enum>
<text>
Long-term unemployed individuals.
</text>
</subparagraph>
<subparagraph id="id95bfd204-9e3d-4e2f-b3c1-6f7d691cc46a">
<enum>
(N)
</enum>
<text>
Such other groups as the Governor involved determines to have barriers to employment.
</text>
</subparagraph>
</paragraph>
<paragraph id="ide0998504-8579-4bb9-a1cc-12033c9ff11e">
<enum>
(25)
</enum>
<header>
Individual with a disability
</header>
<subparagraph id="id619bbf09-5c89-4f8f-991f-73b824885323">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The term
<term>
individual with a disability
</term>
means an individual with a disability as defined in section 3 of the Americans with Disabilities
Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12102">
42 U.S.C. 12102
</external-xref>
).
</text>
</subparagraph>
<subparagraph commented="no" id="id8b3d4392-8088-4bcd-a92f-38c92e37d010">
<enum>
(B)
</enum>
<header>
Individuals with disabilities
</header>
<text>
The term
<term>
individuals with disabilities
</term>
means more than 1 individual with a disability.
</text>
</subparagraph>
</paragraph>
<paragraph id="id3f0ec925-7852-4c7f-b285-3eee258a552a">
<enum>
(26)
</enum>
<header>
Industry or sector partnership
</header>
<text>
The term
<term>
industry or sector partnership
</term>
means a workforce collaborative, convened by or acting in partnership with a State board or local
board, that—
</text>
<subparagraph id="id72162582-4f29-48aa-9fe7-3c716f149eaf">
<enum>
(A)
</enum>
<text>
organizes key stakeholders in an industry cluster into a working group that focuses on the shared
goals and human resources needs of the industry cluster and that includes,
at the appropriate stage of development of the partnership—
</text>
<clause id="id8c4c1a7f-92d9-41db-8edd-95cd01db7c32">
<enum>
(i)
</enum>
<text>
representatives of multiple businesses or other employers in the industry cluster, including small
and medium-sized employers when practicable;
</text>
</clause>
<clause id="id8bdced2f-97d5-4c54-935f-9b49fbe195f1">
<enum>
(ii)
</enum>
<text>
1 or more representatives of a recognized State labor organization or central labor council, or
another labor representative, as appropriate; and
</text>
</clause>
<clause id="id9eb9cb76-c0a4-469c-8f27-36c2597a7fd9">
<enum>
(iii)
</enum>
<text>
1 or more representatives of an institution of higher education with, or another provider of,
education or training programs that support the industry cluster; and
</text>
</clause>
</subparagraph>
<subparagraph id="iddee669a1-d7c2-4592-8fe5-d76eb1c7d760">
<enum>
(B)
</enum>
<text>
may include representatives of—
</text>
<clause id="idcdb2c724-afd5-40eb-b067-5a70d6537e1b">
<enum>
(i)
</enum>
<text>
State or local government;
</text>
</clause>
<clause id="id58b4948f-d2e5-4a3f-9dd5-6386a18b8758">
<enum>
(ii)
</enum>
<text>
State or local economic development agencies;
</text>
</clause>
<clause id="iddb5e1422-b747-4eca-af7c-d148f0987181">
<enum>
(iii)
</enum>
<text>
State boards or local boards, as appropriate;
</text>
</clause>
<clause id="idd91059fd-014a-49b5-a9ae-6b246c659b94">
<enum>
(iv)
</enum>
<text>
a State workforce agency or other entity providing employment services;
</text>
</clause>
<clause id="id1ddaac54-ee3b-42ec-aad1-290f84d55751">
<enum>
(v)
</enum>
<text>
other State or local agencies;
</text>
</clause>
<clause id="id08041998-03fa-47a8-a45a-2f6b0fae9786">
<enum>
(vi)
</enum>
<text>
business or trade associations;
</text>
</clause>
<clause id="id71338409-7d44-4f4d-9ce4-ea50d7fae75c">
<enum>
(vii)
</enum>
<text>
economic development organizations;
</text>
</clause>
<clause id="id0e28996a-ec7f-4e5e-8064-9f9fc8800046">
<enum>
(viii)
</enum>
<text>
nonprofit organizations, community-based organizations, or intermediaries;
</text>
</clause>
<clause id="id152f7061-b3fa-4913-aefb-cf5eb72911a2">
<enum>
(ix)
</enum>
<text>
philanthropic organizations;
</text>
</clause>
<clause id="ide422ab7d-8f8b-4b1f-bd83-e07609b5817d">
<enum>
(x)
</enum>
<text>
industry associations; and
</text>
</clause>
<clause id="id55b4dc57-b874-438e-9557-519a0c2aa47a">
<enum>
(xi)
</enum>
<text>
other organizations, as determined to be necessary by the members comprising the industry or sector
partnership.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id37c0a6b7-10e8-4109-98cc-e95f12267cd5">
<enum>
(27)
</enum>
<header>
In-school youth
</header>
<text>
The term
<term>
in-school youth
</term>
means a youth described in section 129(a)(1)(C).
</text>
</paragraph>
<paragraph id="idd2f60963-125d-4263-87d1-8281503503a4">
<enum>
(28)
</enum>
<header>
Institution of higher education
</header>
<text>
The term
<term>
institution of higher education
</term>
has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1),
of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1001">
20 U.S.C. 1001
</external-xref>
, 1002(a)(1)).
</text>
</paragraph>
<paragraph id="ida4549658-a437-48a9-bb9a-48f887e54435">
<enum>
(29)
</enum>
<header>
Integrated education and training
</header>
<text>
The term
<term>
integrated education and training
</term>
has the meaning given the term in section 203.
</text>
</paragraph>
<paragraph id="idec12b7cf-4705-4d82-93ff-115fc2e01cae">
<enum>
(30)
</enum>
<header>
Labor market area
</header>
<text>
The term
<term>
labor market area
</term>
means an economically integrated geographic area within which individuals can reside and find
employment within a reasonable distance or can readily change employment
without changing their place of residence. Such an area shall be
identified in accordance with criteria used by the Bureau of Labor
Statistics of the Department of Labor in defining such areas or similar
criteria established by a Governor.
</text>
</paragraph>
<paragraph id="ide8aa4e29-645e-4ea1-bebb-1bb0a5003365">
<enum>
(31)
</enum>
<header>
Literacy
</header>
<text>
The term
<term>
literacy
</term>
has the meaning given the term in section 203.
</text>
</paragraph>
<paragraph id="idd3739608-0b43-4c89-9ff9-bbae0e4e69c4">
<enum>
(32)
</enum>
<header>
Local area
</header>
<text>
The term
<term>
local area
</term>
means a local workforce investment area designated under section 106, subject to sections
106(c)(3)(A), 107(c)(4)(B)(i), and 189(i).
</text>
</paragraph>
<paragraph id="id7d684a3b-7c6a-48ce-86d8-972c6f3a8229">
<enum>
(33)
</enum>
<header>
Local board
</header>
<text>
The term
<term>
local board
</term>
means a local workforce development board established under section 107, subject to section
107(c)(4)(B)(i).
</text>
</paragraph>
<paragraph id="ida90f0030-63e3-4a75-b8b8-d1b30aa7f138">
<enum>
(34)
</enum>
<header>
Local educational agency
</header>
<text>
The term
<term>
local educational agency
</term>
has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of
1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/7801">
20 U.S.C. 7801
</external-xref>
).
</text>
</paragraph>
<paragraph id="id7e94ca40-402b-4385-8902-b46b4f3eb71b">
<enum>
(35)
</enum>
<header>
Local plan
</header>
<text>
The term
<term>
local plan
</term>
means a plan submitted under section 108, subject to section 106(c)(3)(B).
</text>
</paragraph>
<paragraph id="id99d6b463-2bdb-44df-9b2d-5ef6f5bcfc48">
<enum>
(36)
</enum>
<header>
Low-income individual
</header>
<subparagraph id="id4B425FC043B048C3870B09FFF8693F96">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The term
<term>
low-income individual
</term>
means an individual who—
</text>
<clause id="idaaf1a2ab-5a74-4d50-83b4-cb57a47aa429">
<enum>
(i)
</enum>
<text>
receives, or in the past 6 months has received, or is a member of a family that is receiving or in
the past 6 months has received, assistance through the supplemental
nutrition assistance program established under the Food and Nutrition Act
of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2011">
7 U.S.C. 2011 et seq.
</external-xref>
), the program of block grants to States for
temporary assistance for needy families program under part A of title IV
of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/601">
42 U.S.C. 601 et seq.
</external-xref>
), or the supplemental
security income program established under title XVI of the Social Security
Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1381">
42 U.S.C. 1381 et seq.
</external-xref>
), or State or local income-based public
assistance;
</text>
</clause>
<clause id="id4a41e529-bc1a-465f-9c6e-3743ae25142b">
<enum>
(ii)
</enum>
<text>
is in a family with total family income that does not exceed the higher of—
</text>
<subclause id="id38ED774FA23B405DAA78A38A0F10DBFC">
<enum>
(I)
</enum>
<text>
the poverty line; or
</text>
</subclause>
<subclause id="id4583097141A04761AFA98B2300A970A1">
<enum>
(II)
</enum>
<text>
70 percent of the lower living standard income level;
</text>
</subclause>
</clause>
<clause id="idbee7c5bc-b661-4a0a-8cd5-e018f102bfde">
<enum>
(iii)
</enum>
<text>
is a homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994
(
<external-xref legal-doc="usc" parsable-cite="usc/42/14043e-2">
42 U.S.C. 14043e–2(6)
</external-xref>
)), or a homeless child or
youth (as defined under section 725(2) of the McKinney-Vento Homeless
Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/11434a">
42 U.S.C. 11434a(2)
</external-xref>
));
</text>
</clause>
<clause id="idd1b4e299-041b-402a-9752-36caa8d7eac4">
<enum>
(iv)
</enum>
<text>
receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell
National School Lunch Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1751">
42 U.S.C. 1751 et seq.
</external-xref>
);
</text>
</clause>
<clause id="iddb98fa42-1482-4eeb-820f-456bb181a97d">
<enum>
(v)
</enum>
<text>
is a foster child on behalf of whom State or local government payments are made; or
</text>
</clause>
<clause id="id0065a157-a951-4b5a-a9f8-d262efede7f3">
<enum>
(vi)
</enum>
<text>
is an individual with a disability whose own income meets the income requirement of clause (ii),
but who is a member of a family whose income does not meet this
requirement.
</text>
</clause>
</subparagraph>
<subparagraph id="ID20DF35FAF4E542F8893EDD2B864AE96E">
<enum>
(B)
</enum>
<header>
Lower living standard income level
</header>
<text>
The term
<term>
lower living standard income level
</term>
means that income level (adjusted for regional, metropolitan, urban, and rural differences and
family size) determined annually by the Secretary of Labor based on the
most recent
lower living family budget issued by the Secretary.
</text>
</subparagraph>
</paragraph>
<paragraph id="id429650d2-c317-4c5b-ab7a-bd875620be8e">
<enum>
(37)
</enum>
<header>
Nontraditional employment
</header>
<text>
The term
<term>
nontraditional employment
</term>
refers to occupations or fields of work, for which individuals from the gender involved comprise
less than 25 percent of the individuals employed in each such occupation
or field of work.
</text>
</paragraph>
<paragraph id="id9eaf530f-c37f-4a7d-8f65-48a18a93b5e0">
<enum>
(38)
</enum>
<header>
Offender
</header>
<text>
The term
<term>
offender
</term>
means an adult or juvenile—
</text>
<subparagraph id="id00599b33-64cd-4d58-88b4-e10a1564f9f3">
<enum>
(A)
</enum>
<text>
who is or has been subject to any stage of the criminal justice process, and for whom services
under this Act may be beneficial; or
</text>
</subparagraph>
<subparagraph id="ide51c4ec9-e5c4-4b53-8446-8e587ce79a71">
<enum>
(B)
</enum>
<text>
who requires assistance in overcoming artificial barriers to employment resulting from a record of
arrest or conviction.
</text>
</subparagraph>
</paragraph>
<paragraph id="idddc5b751-b19f-49e1-b64d-631c64507e74">
<enum>
(39)
</enum>
<header>
Older individual
</header>
<text>
The term
<term>
older individual
</term>
means an individual age 55 or older.
</text>
</paragraph>
<paragraph id="idcee63213-09d4-4719-b407-ae7c1448e77b">
<enum>
(40)
</enum>
<header>
One-stop center
</header>
<text>
The term
<term>
one-stop center
</term>
means a site described in section 121(e)(2).
</text>
</paragraph>
<paragraph id="id710416c1-4de0-4e76-ab34-37f3081e78b5">
<enum>
(41)
</enum>
<header>
One-stop operator
</header>
<text>
The term
<term>
one-stop operator
</term>
means 1 or more entities designated or certified under section 121(d).
</text>
</paragraph>
<paragraph id="idd87c0464-f8f6-46d0-b0dc-9752fc98a626">
<enum>
(42)
</enum>
<header>
One-stop partner
</header>
<text>
The term
<term>
one-stop partner
</term>
means—
</text>
<subparagraph id="id62219624-4ea9-4606-92c0-252c7075a66c">
<enum>
(A)
</enum>
<text>
an entity described in section 121(b)(1); and
</text>
</subparagraph>
<subparagraph id="id1e5651f0-52e9-4a33-9056-16e6e21661b2">
<enum>
(B)
</enum>
<text>
an entity described in section 121(b)(2) that is participating, with the approval of the local
board and chief elected official, in the operation of a one-stop delivery
system.
</text>
</subparagraph>
</paragraph>
<paragraph id="id8d3ec2a6-4acf-49af-ba26-bf13ddcaaab1">
<enum>
(43)
</enum>
<header>
One-stop partner program
</header>
<text>
The term
<term>
one-stop partner program
</term>
means a program or activities described in section 121(b) of a one-stop partner.
</text>
</paragraph>
<paragraph id="id69d40782-14f3-4da6-b119-39db9fe6775b">
<enum>
(44)
</enum>
<header>
On-the-job training
</header>
<text>
The term
<term>
on-the-job training
</term>
means training by an employer that is provided to a paid participant while engaged in productive
work in a job that—
</text>
<subparagraph id="id8af437b6-ac28-4a06-b577-52077d7ecaa6">
<enum>
(A)
</enum>
<text>
provides knowledge or skills essential to the full and adequate performance of the job;
</text>
</subparagraph>
<subparagraph id="id77607baf-a724-4f30-97cc-23deaec6f58d">
<enum>
(B)
</enum>
<text>
is made available through a program that provides reimbursement to the employer of up to 50 percent
of the wage rate of the participant, except as provided in section
134(c)(3)(H), for the extraordinary costs of providing the training and
additional supervision related to the training; and
</text>
</subparagraph>
<subparagraph id="ide85cff66-3c16-4862-9941-b1b96b5ea5f7">
<enum>
(C)
</enum>
<text>
is limited in duration as appropriate to the occupation for which the participant is being trained,
taking into account the content of the training, the prior work experience
of the participant, and the service strategy of the participant, as
appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="id5fb5ea85-5054-4dbc-a27e-79695ebf410b">
<enum>
(45)
</enum>
<header>
Outlying area
</header>
<text>
The term
<term>
outlying area
</term>
means—
</text>
<subparagraph id="ida70b3f16-7456-48ec-960a-dd74ce13f6f1">
<enum>
(A)
</enum>
<text>
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States
Virgin Islands; and
</text>
</subparagraph>
<subparagraph id="id26d54c32-d17e-4f66-9849-2ddb3b039f80">
<enum>
(B)
</enum>
<text>
the Republic of Palau, except during any period for which the Secretary of Labor and the Secretary
of Education determine that a Compact of Free Association is in effect and
contains provisions for training and education assistance prohibiting the
assistance provided under this Act.
</text>
</subparagraph>
</paragraph>
<paragraph id="id38ab5168-84f5-4665-950a-383ccc6bd9b1">
<enum>
(46)
</enum>
<header>
Out-of-school youth
</header>
<text>
The term
<term>
out-of-school youth
</term>
means a youth described in section 129(a)(1)(B).
</text>
</paragraph>
<paragraph id="ide81df1033e49429196afa4c4cbe1ace8">
<enum>
(47)
</enum>
<header>
Pay-for-performance contract strategy
</header>
<text>
The term
<term>
pay-for-performance contract strategy
</term>
means a procurement strategy that uses pay-for-performance contracts in the provision of training
services described in section 134(c)(3) or activities described in
section 129(c)(2), and includes—
</text>
<subparagraph id="idf9e954d7e4114e8eb081999fd17d202f">
<enum>
(A)
</enum>
<text>
contracts, each of which shall specify a fixed amount that will be paid to an eligible service
provider
(which may include a local or national
community-based organization or intermediary, community college, or other
training provider, that is eligible under section 122 or 123, as
appropriate) based on the achievement of specified levels of performance
on the primary indicators of
performance described in section 116(b)(2)(A) for target populations as
identified by the local board (including individuals with barriers to
employment), within a defined timetable, and which may provide for bonus
payments to
such service provider to expand capacity to provide effective
training;
</text>
</subparagraph>
<subparagraph id="idd6208c75ac7746d19d5b7ddab16ff403">
<enum>
(B)
</enum>
<text>
a strategy for independently validating the achievement of the performance described in
subparagraph (A); and
</text>
</subparagraph>
<subparagraph id="idafef141742b64d64962d8e639d0c0b6a">
<enum>
(C)
</enum>
<text>
a description of how the State or local area will reallocate funds not paid to a provider because
the achievement of the performance described in subparagraph (A) did not
occur, for further activities related to such a procurement
strategy, subject to section 189(g)(4).
</text>
</subparagraph>
</paragraph>
<paragraph id="id041d9870-51ab-4a33-942c-f56f6f64675c">
<enum>
(48)
</enum>
<header>
Planning region
</header>
<text>
The term
<term>
planning region
</term>
means a region described in subparagraph (B) or (C) of section 106(a)(2), subject to section
107(c)(4)(B)(i).
</text>
</paragraph>
<paragraph id="idd983372b-1436-4305-8296-00d54ac955fc">
<enum>
(49)
</enum>
<header>
Poverty line
</header>
<text>
The term
<term>
poverty line
</term>
means the poverty line (as defined by the Office of Management and Budget, and revised annually in
accordance with section 673(2) of the Community Services Block Grant Act
(
<external-xref legal-doc="usc" parsable-cite="usc/42/9902">
42 U.S.C. 9902(2)
</external-xref>
)) applicable to a family of the size involved.
</text>
</paragraph>
<paragraph id="id78b9be56-e751-4682-87b8-e8448a92ae96">
<enum>
(50)
</enum>
<header>
Public assistance
</header>
<text>
The term
<term>
public assistance
</term>
means Federal, State, or local government cash payments for which eligibility is determined by a
needs or income test.
</text>
</paragraph>
<paragraph id="id5e2818d1-61ff-4746-b03c-c1476320d238">
<enum>
(51)
</enum>
<header>
Rapid response activity
</header>
<text>
The term
<term>
rapid response activity
</term>
means an activity provided by a State, or by an entity designated by a State, with funds provided
by the State under section 134(a)(1)(A), in the case of a permanent
closure or mass layoff at a plant, facility, or enterprise, or a natural
or other disaster, that results in mass job dislocation, in order to
assist dislocated workers in obtaining reemployment as soon as possible,
with services including—
</text>
<subparagraph id="idf6f28955-863b-4d1d-b201-8053486af600">
<enum>
(A)
</enum>
<text>
the establishment of onsite contact with employers and employee representatives—
</text>
<clause id="id3dec30f5-4dc5-4a98-92d3-337fa297f52a">
<enum>
(i)
</enum>
<text>
immediately after the State is notified of a current or projected permanent closure or mass layoff;
or
</text>
</clause>
<clause id="id900d95e9-83ca-4f20-8244-d0d66b0ad6c9">
<enum>
(ii)
</enum>
<text>
in the case of a disaster, immediately after the State is made aware of mass job dislocation as a
result of such disaster;
</text>
</clause>
</subparagraph>
<subparagraph id="id6992fa53-bdb9-41b0-a3d0-d99eec44ab0e">
<enum>
(B)
</enum>
<text>
the provision of information on and access to available employment and training activities;
</text>
</subparagraph>
<subparagraph id="id3e99ffb6-27f4-46ff-a6c1-c0ed97474810">
<enum>
(C)
</enum>
<text>
assistance in establishing a labor-management committee, voluntarily agreed to by labor and
management, with the ability to devise and implement a strategy for
assessing the employment and training needs of dislocated workers and
obtaining services to meet such needs;
</text>
</subparagraph>
<subparagraph id="id27c16d6c-3dff-4e0d-9358-8e1e249f4902">
<enum>
(D)
</enum>
<text>
the provision of emergency assistance adapted to the particular closure, layoff, or disaster; and
</text>
</subparagraph>
<subparagraph id="idde627ad1-62cd-4819-b0b7-c8ec68d35667">
<enum>
(E)
</enum>
<text>
the provision of assistance to the local community in developing a coordinated response and in
obtaining access to State economic development assistance.
</text>
</subparagraph>
</paragraph>
<paragraph id="id8a662be1-9d0f-40ae-b170-6fa6561c00fe">
<enum>
(52)
</enum>
<header>
Recognized postsecondary credential
</header>
<text>
The term
<term>
recognized postsecondary credential
</term>
means a credential consisting of an industry-recognized certificate or certification, a
certificate of completion of an apprenticeship, a license recognized by
the State involved or Federal Government, or an associate or baccalaureate
degree.
</text>
</paragraph>
<paragraph id="id1aeff6aa-a1e5-492c-b897-a294c4e23423">
<enum>
(53)
</enum>
<header>
Region
</header>
<text>
The term
<term>
region
</term>
, used without further description, means a region identified under section 106(a), subject to
section 107(c)(4)(B)(i) and except as provided in section
106(b)(1)(B)(ii).
</text>
</paragraph>
<paragraph id="ida12700ab-293b-470f-80e0-cea641f0cdff">
<enum>
(54)
</enum>
<header>
School dropout
</header>
<text>
The term
<term>
school dropout
</term>
means an individual who is no longer attending any school and who has not received a secondary
school diploma or its recognized equivalent.
</text>
</paragraph>
<paragraph id="id45c73c33-8f43-4f40-9c0b-1c41088b98c0">
<enum>
(55)
</enum>
<header>
Secondary school
</header>
<text>
The term
<term>
secondary school
</term>
has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of
1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/7801">
20 U.S.C. 7801
</external-xref>
).
</text>
</paragraph>
<paragraph id="id693f6c66-c6f8-4c59-a094-39d9a139992a">
<enum>
(56)
</enum>
<header>
State
</header>
<text>
The term
<term>
State
</term>
means each of the several States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
</text>
</paragraph>
<paragraph id="id8cbcd828-a027-4c7b-b7be-40902be68a7e">
<enum>
(57)
</enum>
<header>
State board
</header>
<text>
The term
<term>
State board
</term>
means a State workforce development board established under section 101.
</text>
</paragraph>
<paragraph id="id44411746-3b02-4ee4-9453-f404dd6068dd">
<enum>
(58)
</enum>
<header>
State plan
</header>
<text>
The term
<term>
State plan
</term>
, used without further description, means a unified State plan under section 102 or a combined
State plan under
section 103.
</text>
</paragraph>
<paragraph id="id5d53235c-5b2b-45f3-ac94-c7474a4fcde1">
<enum>
(59)
</enum>
<header>
Supportive services
</header>
<text>
The term
<term>
supportive services
</term>
means services such as transportation, child care, dependent care, housing, and needs-related
payments, that are necessary to enable an individual to participate in
activities authorized under this Act.
</text>
</paragraph>
<paragraph id="id70890159-d6db-4076-bdb0-60cd822a92db">
<enum>
(60)
</enum>
<header>
Training services
</header>
<text>
The term
<term>
training services
</term>
means services described in section 134(c)(3).
</text>
</paragraph>
<paragraph id="id099618c0-1f89-4cbc-962b-2461e740e9fe">
<enum>
(61)
</enum>
<header>
Unemployed individual
</header>
<text>
The term
<term>
unemployed individual
</term>
means an individual who is without a job and who wants and is available for work. The
determination of whether an individual is without a job, for purposes of
this paragraph, shall be made in accordance with the criteria used by the
Bureau of Labor Statistics of the Department of Labor in defining
individuals as unemployed.
</text>
</paragraph>
<paragraph id="id455fa8ec-ec6b-4abb-87d3-cfebf6b9f342">
<enum>
(62)
</enum>
<header>
Unit of general local government
</header>
<text>
The term
<term>
unit of general local government
</term>
means any general purpose political subdivision of a State that has the power to levy taxes and
spend funds, as well as general corporate and police powers.
</text>
</paragraph>
<paragraph id="id77ed9692-60fb-45a9-a381-0efe70a138a2">
<enum>
(63)
</enum>
<header>
Veteran; related definition
</header>
<subparagraph id="idfa4424c1-96de-440c-97bb-559b61f9e58b">
<enum>
(A)
</enum>
<header>
Veteran
</header>
<text>
The term
<term>
veteran
</term>
has the meaning given the term in
<external-xref legal-doc="usc" parsable-cite="usc/38/101">
section 101
</external-xref>
of title 38, United States Code.
</text>
</subparagraph>
<subparagraph id="id5c96dc46-c471-45b5-8466-31a393d47199">
<enum>
(B)
</enum>
<header>
Recently separated veteran
</header>
<text>
The term
<term>
recently separated veteran
</term>
means any veteran who applies for participation under this Act within 48 months after the
discharge or release from active military, naval, or air service.
</text>
</subparagraph>
</paragraph>
<paragraph id="id8e12567d-a536-4f53-a9c7-3c55e1096417">
<enum>
(64)
</enum>
<header>
Vocational rehabilitation program
</header>
<text>
The term
<term>
vocational rehabilitation program
</term>
means a program authorized under a provision covered under paragraph (13)(D).
</text>
</paragraph>
<paragraph commented="no" id="ide648ddd5-f8aa-477f-a302-e6d6d3763679">
<enum>
(65)
</enum>
<header>
Workforce development activity
</header>
<text>
The term
<term>
workforce development activity
</term>
means an activity carried out through a workforce development program.
</text>
</paragraph>
<paragraph commented="no" id="id70793f96-544e-4834-975b-498f2aee6765">
<enum>
(66)
</enum>
<header>
Workforce development program
</header>
<text>
The term
<term>
workforce development program
</term>
means a program made available through a workforce development system.
</text>
</paragraph>
<paragraph id="ida71fe47a-973a-4359-b5b2-2cf3a9cb042e">
<enum>
(67)
</enum>
<header>
Workforce development system
</header>
<text>
The term
<term>
workforce development system
</term>
means a system that makes available the core programs, the other one-stop partner programs, and
any other programs providing employment and training services as
identified by a State board or local board.
</text>
</paragraph>
<paragraph id="id21935e9b-a17e-4784-9ccc-44e535bf58f1">
<enum>
(68)
</enum>
<header>
Workforce investment activity
</header>
<text>
The term
<term>
workforce investment activity
</term>
means an employment and training activity, and a youth workforce investment activity.
</text>
</paragraph>
<paragraph id="id6c2e197d-a94f-4aed-9931-5cc7f53c35ff">
<enum>
(69)
</enum>
<header>
Workforce preparation activities
</header>
<text>
The term
<term>
workforce preparation activities
</term>
has the meaning given the term in section 203.
</text>
</paragraph>
<paragraph id="ide28fd08f-fd70-4660-b059-aad7a4c10ab2">
<enum>
(70)
</enum>
<header>
Workplace learning advisor
</header>
<text>
The term
<term>
workplace learning advisor
</term>
means an individual employed by an organization who has the knowledge and skills necessary to
advise other employees of that organization about the education, skill
development, job training, career counseling services, and credentials,
including services provided through the workforce development system,
required to progress toward career goals of such employees in order to
meet employer requirements related to job openings and career advancements
that support economic self-sufficiency.
</text>
</paragraph>
<paragraph id="id94d065cd-5fc1-412a-b751-81a151f1cf53">
<enum>
(71)
</enum>
<header>
Youth workforce investment activity
</header>
<text>
The term
<term>
youth workforce investment activity
</term>
means an activity described in section 129 that is carried out for eligible youth (or as described
in section 129(a)(3)(A)).
</text>
</paragraph>
</section>
<title id="idBCBDE70EC824407090D79A0E61809D71" style="OLC">
<enum>
I
</enum>
<header>
Workforce development activities
</header>
<subtitle id="idf1bcf032-9c4b-4fce-9a9b-3e62f576f15b">
<enum>
A
</enum>
<header>
System alignment
</header>
<chapter id="id779d3c24-2058-4cac-943c-71f3d6982867">
<enum>
1
</enum>
<header>
State provisions
</header>
<section id="id68c576ad-3300-48d1-9154-fae5320a62d8">
<enum>
101.
</enum>
<header>
State workforce development boards
</header>
<subsection id="id30aed6ba-b8ba-4489-8f69-6a58ad2efb31">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
The Governor of a State shall establish a State workforce development board to carry out the
functions described in subsection (d).
</text>
</subsection>
<subsection id="id43a3cf57-891d-40ed-87c6-f34caf03bd63">
<enum>
(b)
</enum>
<header>
Membership
</header>
<paragraph id="id82b1b08e-a378-46f4-9d6f-d34853abd9cf">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The State board shall include—
</text>
<subparagraph id="idc9a8c86d-81f1-4c44-8040-1238f86b7ead">
<enum>
(A)
</enum>
<text>
the Governor;
</text>
</subparagraph>
<subparagraph id="idd16818fc-3790-4178-b583-5605214b6b67">
<enum>
(B)
</enum>
<text>
a member of each chamber of the State legislature (to the extent consistent with State law),
appointed by the appropriate presiding officers of such chamber; and
</text>
</subparagraph>
<subparagraph id="id81bb7e1b-3f97-4b4f-acef-96ac516fb5b7">
<enum>
(C)
</enum>
<text>
members appointed by the Governor, of which—
</text>
<clause id="id42e70592-8ce3-4415-b0fe-e373ba682935">
<enum>
(i)
</enum>
<text>
a majority shall be representatives of businesses in the State, who—
</text>
<subclause id="idfd40fda3-2da8-418b-bc65-181e0f6de017">
<enum>
(I)
</enum>
<text>
are owners of businesses, chief executives or operating officers of businesses, or other business
executives or employers with optimum policymaking or hiring authority, and
who, in addition, may be members of a local board described in section
107(b)(2)(A)(i);
</text>
</subclause>
<subclause id="ida1408bb1-29e3-47e2-be74-106dad3cf73f">
<enum>
(II)
</enum>
<text>
represent businesses (including small businesses), or organizations representing businesses
described in this subclause, that provide employment opportunities that,
at a minimum, include high-quality, work-relevant training and development
in in-demand
industry sectors or occupations in the State; and
</text>
</subclause>
<subclause id="idc40bb430-1d2a-43ee-bdf0-44646ed8cc17">
<enum>
(III)
</enum>
<text>
are appointed from among individuals nominated by State business organizations and business trade
associations;
</text>
</subclause>
</clause>
<clause id="idf63bce41-7c8b-454c-b07b-5a583b6b20a8">
<enum>
(ii)
</enum>
<text>
not less than 20 percent shall be representatives of the workforce within the State, who—
</text>
<subclause id="id974ac532-f2ef-42da-8abf-e5c25976b043">
<enum>
(I)
</enum>
<text>
shall include representatives of labor organizations, who have been nominated by State labor
federations;
</text>
</subclause>
<subclause id="idc455e4da48f44e72ac04c04d6ae48be3">
<enum>
(II)
</enum>
<text>
shall include a representative, who shall be a member of a labor organization or a training
director, from a joint labor-management apprenticeship program, or if no
such joint program exists in the State, such a representative of an
apprenticeship program in the State;
</text>
</subclause>
<subclause id="id36f24deb-e201-4e10-abc8-69e4df84c017">
<enum>
(III)
</enum>
<text>
may include representatives of community-based organizations that have demonstrated experience and
expertise in addressing the employment, training, or education needs of
individuals with barriers to employment, including organizations that
serve veterans or that provide or support competitive, integrated
employment for individuals with disabilities; and
</text>
</subclause>
<subclause id="id60e6c022-86ce-40b9-922c-afbd70a28810">
<enum>
(IV)
</enum>
<text>
may include representatives of organizations that have demonstrated experience and expertise in
addressing the employment, training, or education needs of eligible youth,
including representatives of organizations that serve out-of-school youth;
and
</text>
</subclause>
</clause>
<clause id="id415b7435-8206-4c72-b2a9-65d3e6863037">
<enum>
(iii)
</enum>
<text>
the balance—
</text>
<subclause id="ida21bd3e7-e261-49fb-84c2-03b504cc3cde">
<enum>
(I)
</enum>
<text>
shall include representatives of government, who—
</text>
<item id="id16a26c3e-fe4c-4902-ba79-911ff0d4a71e">
<enum>
(aa)
</enum>
<text>
shall include the lead State officials with primary responsibility for the core programs; and
</text>
</item>
<item id="idc3795274-beb7-414d-b9d4-75031fbf06d5">
<enum>
(bb)
</enum>
<text>
shall include chief elected officials (collectively representing both cities and counties, where
appropriate); and
</text>
</item>
</subclause>
<subclause id="id6311aa90-36d3-41f3-ba8d-406e5e607b95">
<enum>
(II)
</enum>
<text>
may include such other representatives and officials as the Governor may designate, such as—
</text>
<item id="id929BC8C7D2C04E0897A441DFF6FA8E3F">
<enum>
(aa)
</enum>
<text>
the State agency officials from agencies that are one-stop partners not specified in subclause (I)
(including additional one-stop partners whose programs are covered by the
State plan, if any);
</text>
</item>
<item id="id885F902F18B84E8FADE0D294DD3C440E">
<enum>
(bb)
</enum>
<text>
State agency officials responsible for economic development or juvenile justice programs in the
State;
</text>
</item>
<item id="id3FA114A21F0B436B8B6B897E61D5B0DD">
<enum>
(cc)
</enum>
<text>
individuals who represent an Indian tribe or tribal organization, as such terms are defined in
section 166(b); and
</text>
</item>
<item id="id9EEBD703DDE941BDB8544AB8C1397DFF">
<enum>
(dd)
</enum>
<text>
State agency officials responsible for education programs in the State, including chief executive
officers of community colleges and other institutions of higher education.
</text>
</item>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id6ab1cc58-6e1e-47bd-89bb-ca9ad4811b08">
<enum>
(2)
</enum>
<header>
Diverse and distinct representation
</header>
<text>
The members of the State board shall represent diverse geographic areas of the State, including
urban, rural, and suburban areas.
</text>
</paragraph>
<paragraph id="id2010d912-70ac-4289-8ec3-15a782ec5a1c">
<enum>
(3)
</enum>
<header>
No representation of multiple categories
</header>
<text>
No person shall serve as a member for more than 1 of—
</text>
<subparagraph id="id9a9b0571-4db4-4438-9355-e36864bb95c4">
<enum>
(A)
</enum>
<text>
the category described in paragraph (1)(C)(i); or
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="idf37261cc-ba3d-4ead-8996-f309446611d2">
<enum>
(B)
</enum>
<text>
1 category described in a subclause of clause (ii) or (iii) of paragraph (1)(C).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="id8c21c153-c9be-49cc-a7de-4bc0878f1409">
<enum>
(c)
</enum>
<header>
Chairperson
</header>
<text>
The Governor shall select a chairperson for the State board from among the representatives
described in subsection (b)(1)(C)(i).
</text>
</subsection>
<subsection id="idd88383a21d224943ac6d74453bfd19ee">
<enum>
(d)
</enum>
<header>
Functions
</header>
<text>
The State board shall assist the Governor in—
</text>
<paragraph id="id60bde11863fd4673992d696a8c1d8932">
<enum>
(1)
</enum>
<text>
the development, implementation, and modification of the State plan;
</text>
</paragraph>
<paragraph id="id4fc9ca7f36f447d7af334b6d597d5883">
<enum>
(2)
</enum>
<text>
consistent with paragraph (1), the review of statewide policies, of statewide programs, and of
recommendations on
actions that should be taken by the State to align workforce development
programs in the State in a manner that supports a comprehensive and
streamlined workforce development system in the State, including the
review and provision of comments on the State plans, if
any, for
programs and activities of one-stop partners that are not core programs;
</text>
</paragraph>
<paragraph id="id1edc7d2b4d264d999f37fea83d9a3c38">
<enum>
(3)
</enum>
<text>
the development and continuous improvement of the workforce development system in the State,
including—
</text>
<subparagraph id="id10e0da12d3b34e4d86ddd2d71ec75ce4">
<enum>
(A)
</enum>
<text>
the identification of barriers and means for removing barriers to better coordinate, align, and
avoid
duplication among the programs and activities carried out through the
system;
</text>
</subparagraph>
<subparagraph id="id80dbb82b0e7f4e7292c3f7466ce06c15">
<enum>
(B)
</enum>
<text>
the development of strategies to support the use of career pathways for the purpose of providing
individuals, including low-skilled adults, youth, and
individuals with
barriers to employment (including individuals with disabilities), with
workforce investment activities, education, and supportive services to
enter or retain employment;
</text>
</subparagraph>
<subparagraph id="idb5a77765735945a5ac78e3e16f2ddbfb">
<enum>
(C)
</enum>
<text>
the development of strategies for providing effective outreach to and improved access for
individuals and employers who could benefit from services provided through
the workforce development system;
</text>
</subparagraph>
<subparagraph id="idaf7ac03094d6412e84dfb0c51c6bcd95">
<enum>
(D)
</enum>
<text>
the development and expansion of strategies for meeting the needs of employers, workers, and
jobseekers, particularly through industry or sector
partnerships related
to in-demand industry sectors and occupations;
</text>
</subparagraph>
<subparagraph id="id9f1e015623734fdebdf241112ae88c49">
<enum>
(E)
</enum>
<text>
the identification of regions, including planning regions, for the purposes of section 106(a), and
the designation of local areas under section 106, after consultation
with local boards and
chief elected officials;
</text>
</subparagraph>
<subparagraph id="id5810cfb699174b2aa23fdf71b2143d80">
<enum>
(F)
</enum>
<text>
the development and continuous improvement of the one-stop delivery system in local areas,
including providing assistance to local boards, one-stop operators,
one-stop partners, and providers with planning and delivering services,
including training services and supportive services, to support effective
delivery
of services to workers, jobseekers, and employers; and
</text>
</subparagraph>
<subparagraph id="id330278eecd1d40af8d6b97e99a0d0ca2">
<enum>
(G)
</enum>
<text>
the development of strategies to support staff training and awareness across programs supported
under the workforce development system;
</text>
</subparagraph>
</paragraph>
<paragraph id="idcf9e9087366f4964acaf02c67cf92b8f">
<enum>
(4)
</enum>
<text>
the development and updating of comprehensive State performance accountability measures, including
State adjusted levels of performance, to assess the effectiveness of the
core programs in the State as required under section 116(b);
</text>
</paragraph>
<paragraph id="id096f897b1d7748d5a146da17971273df">
<enum>
(5)
</enum>
<text>
the identification and dissemination of information on best practices, including best practices
for—
</text>
<subparagraph id="id4ee63c9fc9ff4f4fac801486e396162c">
<enum>
(A)
</enum>
<text>
the effective operation of one-stop centers, relating to the use of business outreach,
partnerships, and service delivery strategies, including strategies for
serving individuals with barriers to employment;
</text>
</subparagraph>
<subparagraph id="id43cc24fb00ae4c9a9b829f404051ac0e">
<enum>
(B)
</enum>
<text>
the development of effective local boards, which may include information on factors that contribute
to enabling local boards to exceed negotiated local levels of performance,
sustain fiscal integrity, and achieve other measures of effectiveness; and
</text>
</subparagraph>
<subparagraph id="id2c9e62787e2f42249d4ba90635d12e19">
<enum>
(C)
</enum>
<text>
effective training programs that respond to real-time labor market analysis, that effectively use
direct assessment and prior learning assessment to measure an individual's
prior knowledge, skills, competencies, and experiences, and that evaluate
such skills, and competencies for adaptability, to support efficient
placement into
employment or career pathways;
</text>
</subparagraph>
</paragraph>
<paragraph id="idf0e44dc482874035ac593b1e9b81d7a9">
<enum>
(6)
</enum>
<text>
the development and review of statewide policies affecting the coordinated provision of services
through the State’s one-stop delivery system described in section 121(e),
including the development of—
</text>
<subparagraph id="id75f08170107049198c2e39cbf3c4b48a">
<enum>
(A)
</enum>
<text>
objective criteria and procedures for use by local boards in assessing the effectiveness and
continuous improvement of one-stop centers described in such section;
</text>
</subparagraph>
<subparagraph id="id160b420aac114cd6a3c8ea59aa2fa282">
<enum>
(B)
</enum>
<text>
guidance for the allocation of one-stop center infrastructure funds under section 121(h); and
</text>
</subparagraph>
<subparagraph id="iddc4cea4d5dbf47ae9415e7c1f3cd8fc2">
<enum>
(C)
</enum>
<text>
policies relating to the appropriate roles and contributions of entities carrying out one-stop
partner programs within
the one-stop delivery system, including approaches to facilitating
equitable and efficient cost allocation in such system;
</text>
</subparagraph>
</paragraph>
<paragraph id="id8c80e351975b4f4baea445e04eba1156">
<enum>
(7)
</enum>
<text>
the development of strategies for technological improvements to facilitate access to, and improve
the quality of, services and activities provided through the
one-stop
delivery system, including such improvements to—
</text>
<subparagraph id="idc68baee2f0c2448d82976775171fa9f2">
<enum>
(A)
</enum>
<text>
enhance digital literacy skills (as defined in section 202 of the Museum and Library Services Act
(
<external-xref legal-doc="usc" parsable-cite="usc/20/9101">
20 U.S.C. 9101
</external-xref>
); referred to in this Act as
<quote>
digital literacy skills
</quote>
);
</text>
</subparagraph>
<subparagraph id="id39dfc60a80f3445fa6ddc3765b9f212e">
<enum>
(B)
</enum>
<text>
accelerate the acquisition of skills and recognized postsecondary credentials by participants;
</text>
</subparagraph>
<subparagraph id="idc849aa8c71f54c65a13b00534ffa6743">
<enum>
(C)
</enum>
<text>
strengthen the professional development of providers and workforce professionals; and
</text>
</subparagraph>
<subparagraph id="id5e7dcc6efa9749b5aa9ad6e2f93917f6">
<enum>
(D)
</enum>
<text>
ensure such technology is accessible to individuals with disabilities and individuals residing in
remote areas;
</text>
</subparagraph>
</paragraph>
<paragraph id="idf5bebb7eb46f4d57bb033acb20e89fdf">
<enum>
(8)
</enum>
<text>
the development of strategies for aligning technology and data systems across one-stop partner
programs to enhance service delivery and improve efficiencies in reporting
on performance accountability measures (including the design and
implementation of common intake, data collection, case management
information, and performance accountability measurement and reporting
processes and the
incorporation of local input into such design and implementation, to
improve coordination of services across one-stop partner programs);
</text>
</paragraph>
<paragraph id="id5da3f2f8dfd3409483d7f18a0d37972c">
<enum>
(9)
</enum>
<text>
the development of allocation formulas for the distribution of funds for employment and training
activities for adults, and youth workforce investment activities, to local
areas as permitted under sections 128(b)(3) and 133(b)(3);
</text>
</paragraph>
<paragraph id="id4748f77f905340a0a5d0e7016c9392f9">
<enum>
(10)
</enum>
<text>
the preparation of the annual reports described in paragraphs (1) and (2) of section 116(d);
</text>
</paragraph>
<paragraph id="idcec41439bf2b4a9eb561908f33f499b1">
<enum>
(11)
</enum>
<text>
the development of the statewide workforce and labor market information system described in section
15(e) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(e)
</external-xref>
); and
</text>
</paragraph>
<paragraph id="id68eb2da6ba28496ea306606eeee1b460">
<enum>
(12)
</enum>
<text>
the development of such other policies as may promote statewide objectives for, and enhance the
performance of, the workforce development system in the State.
</text>
</paragraph>
</subsection>
<subsection id="idf9e020cc32cf468889d94abe077caa76">
<enum>
(e)
</enum>
<header>
Alternative entity
</header>
<paragraph id="idbd2a37a94b554d19a50d3d7f642457c6">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
For the purposes of complying with subsections (a), (b), and (c), a State may use any State entity
(including a State council, State workforce development board (within the
meaning of the Workforce Investment Act of 1998, as in effect on the day
before the date of enactment of this Act), combination of regional
workforce
development boards, or similar entity) that—
</text>
<subparagraph id="idbcdd2424785f41688182e781247af48a">
<enum>
(A)
</enum>
<text>
was in existence on the day before the date of enactment of the Workforce Investment Act of 1998;
</text>
</subparagraph>
<subparagraph id="ide5b7859218ef4afba54d000d45590302">
<enum>
(B)
</enum>
<text>
is substantially similar to the State board described in subsections (a) through (c); and
</text>
</subparagraph>
<subparagraph id="idb61b8e822c474e738f48ae41ca0932e6">
<enum>
(C)
</enum>
<text>
includes representatives of business in the State and representatives of labor organizations in the
State.
</text>
</subparagraph>
</paragraph>
<paragraph id="id976cb854dd5147b8ac923e7dd2072ec4">
<enum>
(2)
</enum>
<header>
References
</header>
<text>
A reference in this Act, or a core program provision that is not in this Act, to a State board
shall be considered to include such an entity.
</text>
</paragraph>
</subsection>
<subsection id="id7d0cd56c7815463eb48ffb032b37b131">
<enum>
(f)
</enum>
<header>
Conflict of interest
</header>
<text>
A member of a State board may not—
</text>
<paragraph id="id23f7f3f5fb0b4e1e86d6fafd0a9646f2">
<enum>
(1)
</enum>
<text>
vote on a matter under consideration by the State board—
</text>
<subparagraph id="ida26ac9f555674d2f8c5479eba48a5011">
<enum>
(A)
</enum>
<text>
regarding the provision of services by such member (or by an entity that such member represents);
or
</text>
</subparagraph>
<subparagraph id="ide11ff5b4fb9548abaa92cf0e62a0cfb7">
<enum>
(B)
</enum>
<text>
that would provide direct financial benefit to such member or the immediate family of such member;
or
</text>
</subparagraph>
</paragraph>
<paragraph id="idd91b8ac6d42f45348efbdb0a7a6cf276">
<enum>
(2)
</enum>
<text>
engage in any other activity determined by the Governor to constitute a conflict of interest as
specified in the State plan.
</text>
</paragraph>
</subsection>
<subsection id="id5e6e9fb995cf4d698815e625b36c1bad">
<enum>
(g)
</enum>
<header>
Sunshine provision
</header>
<text>
The State board shall make available to the public, on a regular basis through electronic means and
open meetings, information regarding the activities of the State board,
including information regarding the State plan, or a modification to the
State plan, prior to submission of the plan or modification of the plan,
respectively, information regarding membership, and, on request, minutes
of formal meetings of the State board.
</text>
</subsection>
<subsection id="idad1327da4b64483db110db3a3af380f1">
<enum>
(h)
</enum>
<header>
Authority To hire staff
</header>
<paragraph id="idbf209df1e0dc4b7a85feb83d0bbd67e9">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The State board may hire a director and other staff to assist in carrying out the functions
described in subsection (d) using funds available as described in section
129(b)(3) or 134(a)(3)(B)(i).
</text>
</paragraph>
<paragraph id="id5E077FB84CDE4BF3A61C679C5BA88896">
<enum>
(2)
</enum>
<header>
Qualifications
</header>
<text>
The State board shall establish and apply a set of objective qualifications for the position of
director, that ensures that the individual selected has the requisite
knowledge, skills, and abilities, to meet identified
benchmarks
and to assist in effectively carrying out the functions of the State
board.
</text>
</paragraph>
<paragraph id="id56e9e3c5d7114ac19dfd5804b611cf36">
<enum>
(3)
</enum>
<header>
Limitation on rate
</header>
<text>
The director and staff described in paragraph (1) shall be subject to the limitations on the
payment of salary and bonuses described in section 194(15).
</text>
</paragraph>
</subsection>
</section>
<section id="id543b1abf4a1e4395a97d0cf10bddd35f">
<enum>
102.
</enum>
<header>
Unified State plan
</header>
<subsection id="id35c3951e38344cc39ade0622f5048cb3">
<enum>
(a)
</enum>
<header>
Plan
</header>
<text>
For a State to be eligible to receive allotments for the core programs, the Governor shall submit
to the Secretary of Labor for the approval process described under
subsection (c)(2),
a unified State plan. The unified State plan shall outline a 4-year
strategy for the core programs of the State and meet the requirements of
this section.
</text>
</subsection>
<subsection id="id03ced29b257341f48fdc9c087fdec0e8">
<enum>
(b)
</enum>
<header>
Contents
</header>
<paragraph id="idaaae7d3bf3ff46ba9c706864e4fbbad6">
<enum>
(1)
</enum>
<header>
Strategic planning elements
</header>
<text>
The unified State plan shall include strategic planning elements consisting of a strategic vision
and goals for preparing an educated and skilled workforce, that include—
</text>
<subparagraph id="ida6bbf49afcb54129a061e632dbe1d6c6">
<enum>
(A)
</enum>
<text>
an analysis of the economic conditions in the State, including—
</text>
<clause id="id0fa8f8d2633e46c7b3431f3e15bf2e31">
<enum>
(i)
</enum>
<text>
existing and emerging in-demand industry sectors and occupations; and
</text>
</clause>
<clause id="id2eb7aa21874a47f1be1d8b95de774bc3">
<enum>
(ii)
</enum>
<text>
the employment needs of employers, including a description of the knowledge, skills, and abilities,
needed in those industries and occupations;
</text>
</clause>
</subparagraph>
<subparagraph id="id78aa076d9fa54d1fb9b6048a9edb5ec2">
<enum>
(B)
</enum>
<text>
an analysis of the current workforce, employment and
unemployment data, labor market trends, and
the educational and skill levels of the workforce, including
individuals
with barriers to employment (including individuals with disabilities), in
the State;
</text>
</subparagraph>
<subparagraph id="id9cd17f77bfb94c469541cf41ad8af827">
<enum>
(C)
</enum>
<text>
an analysis of the workforce development activities (including
education and training) in the
State, including an analysis of the strengths and weaknesses of such
activities, and the capacity of State entities to provide such activities,
in
order to address the identified education and skill needs of the workforce
and the employment needs of employers in the State;
</text>
</subparagraph>
<subparagraph id="id7e3b15539f934f67b8b47361f61c87b0">
<enum>
(D)
</enum>
<text>
a description of the State’s strategic vision and goals for preparing an educated and skilled
workforce (including preparing youth and individuals with barriers to
employment) and for meeting the skilled workforce needs of employers,
including goals relating to performance accountability measures based on
primary indicators of performance described in section 116(b)(2)(A), in
order to support economic growth and economic self-sufficiency, and of how
the State will assess the overall effectiveness of the workforce
investment system in the State; and
</text>
</subparagraph>
<subparagraph id="idd437eb91d3f44eab8659764f2f53f884">
<enum>
(E)
</enum>
<text>
taking into account analyses described in subparagraphs (A) through (C), a strategy for aligning
the core programs, as well as other resources available to the State, to
achieve the strategic vision and goals described in subparagraph (D).
</text>
</subparagraph>
</paragraph>
<paragraph id="id04fb68efbc1541eebff73af7a7520aea">
<enum>
(2)
</enum>
<header>
Operational planning elements
</header>
<subparagraph id="id877c0c8ff22841e8ad4f71bf09367a50">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The unified State plan shall include the operational planning elements contained in this paragraph,
which shall support the strategy described in paragraph (1)(E), including
a description of how the State board will implement the functions under
section 101(d).
</text>
</subparagraph>
<subparagraph id="id674a3797c66d46438d9b6757d9251641">
<enum>
(B)
</enum>
<header>
Implementation of state strategy
</header>
<text>
The unified State plan shall describe how the lead State agency with responsibility for the
administration of a core program will implement the strategy described in
paragraph (1)(E), including a description of—
</text>
<clause id="idf415f702bfd54cdfad70ef5f35e5959d">
<enum>
(i)
</enum>
<text>
the activities that will be funded by the entities carrying out the respective core programs to
implement the strategy and how such activities will be aligned across the
programs and among the entities administering the programs, including
using co-enrollment and other strategies;
</text>
</clause>
<clause id="id09d8a68889fa4e41bdd27b3ce863bcf7">
<enum>
(ii)
</enum>
<text>
how the activities described in clause (i) will be aligned with activities provided under
employment,
training, education, including career and technical education, and human
services programs not covered by the plan, as appropriate, assuring
coordination of, and avoiding duplication among, the activities referred
to in this clause;
</text>
</clause>
<clause id="id564d3ecaccc64a1eadf5b7db9ca60159">
<enum>
(iii)
</enum>
<text>
how the entities carrying out the respective core programs will coordinate activities and provide
comprehensive, high-quality services including supportive
services, to individuals;
</text>
</clause>
<clause id="ide2c4622c309141c59f40a71a9bf118f6">
<enum>
(iv)
</enum>
<text>
how the State’s strategy will engage the State’s community colleges and area career and technical
education schools as partners in the workforce development system and
enable the State to leverage other Federal, State, and local investments
that have enhanced access to workforce development programs at those
institutions;
</text>
</clause>
<clause id="id7f04d8c9950f47c4b784407b34bc252e">
<enum>
(v)
</enum>
<text>
how the activities described in clause (i) will be coordinated with economic development
strategies and activities in the State; and
</text>
</clause>
<clause commented="no" id="idD389AA5D03774B3493457883C4BF80FD">
<enum>
(vi)
</enum>
<text>
how the State's strategy will improve access to activities leading to a recognized postsecondary
credential (including a credential that is an industry-recognized
certificate or certification, portable, and stackable).
</text>
</clause>
</subparagraph>
<subparagraph id="id4f129a051ab34df6b89f113cc73e11aa">
<enum>
(C)
</enum>
<header>
State operating systems and policies
</header>
<text>
The unified State plan shall describe the State operating systems and policies that will support
the implementation of the strategy described in paragraph (1)(E),
including a description of—
</text>
<clause id="idbe00ebf89c12444886b5afbfa6359fc6">
<enum>
(i)
</enum>
<text>
the State board, including the activities to assist members of the State board and the staff of
such board in carrying out the functions of the State board effectively
(but
funds for such activities may not be used for long-distance travel
expenses for training or development activities available locally or
regionally);
</text>
</clause>
<clause id="ida6ec1f1de660411d8025daa6379722d4">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="id285C9AACA71F4AD5BC335D4D935733C0">
<enum>
(I)
</enum>
<text>
how the respective core programs will be assessed each year, including an assessment of the
quality, effectiveness, and improvement of programs (analyzed by local
area, or by provider), based on State performance accountability measures
described in section 116(b); and
</text>
</subclause>
<subclause changed="added" id="idCD958ECCF8144B9D84B18E4C44FE0D6B" indent="up1" reported-display-style="italic">
<enum>
(II)
</enum>
<text>
how other one-stop partner programs will be assessed each year;
</text>
</subclause>
</clause>
<clause id="ide997b9dc7d5144a591f649b4d14487db">
<enum>
(iii)
</enum>
<text>
the results of an assessment of the effectiveness of the core programs and other one-stop partner
programs during the preceding 2-year period;
</text>
</clause>
<clause id="id3fb8b313a44e48f4ace1173c76cf4adc">
<enum>
(iv)
</enum>
<text>
the methods and factors the State will use in distributing funds under the core programs, in
accordance with the provisions authorizing such distributions;
</text>
</clause>
<clause id="idd357bf9b8f7746a4b55d21ff3f552311">
<enum>
(v)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="idC620115FAF454BA38E949F9964834C80">
<enum>
(I)
</enum>
<text>
how the lead State agencies with responsibility for the administration of the core programs will
align and integrate available workforce and education data on core
programs, unemployment insurance programs, and education through
postsecondary education;
</text>
</subclause>
<subclause changed="added" id="id121F233256184A1F932778CEE8C5D87E" indent="up1" reported-display-style="italic">
<enum>
(II)
</enum>
<text>
how such agencies will use the workforce development system to assess the progress of participants
that are exiting from core
programs in entering, persisting in, and completing postsecondary
education, or entering or remaining in employment; and
</text>
</subclause>
<subclause changed="added" id="idE3DDFA82A13F45BC9D5D2DBD5D5A196D" indent="up1" reported-display-style="italic">
<enum>
(III)
</enum>
<text>
the privacy safeguards incorporated in such system, including safeguards required by section 444 of
the General Education Provisions Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1232g">
20 U.S.C. 1232g
</external-xref>
) and other
applicable Federal laws;
</text>
</subclause>
</clause>
<clause id="id806883f8326d4d77b60a1ed157e16d6b">
<enum>
(vi)
</enum>
<text>
how the State will implement the priority of service provisions for veterans in accordance with the
requirements of
<external-xref legal-doc="usc" parsable-cite="usc/38/4215">
section 4215
</external-xref>
of title 38, United States Code;
</text>
</clause>
<clause id="id70b3fa31631045029a797a69dbba45fe">
<enum>
(vii)
</enum>
<text>
how the one-stop delivery system, including one-stop operators and the one-stop partners, will
comply with section 188, if applicable, and applicable provisions of the
Americans with Disabilities Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12101">
42 U.S.C. 12101 et seq.
</external-xref>
),
regarding the physical and programmatic accessibility of facilities,
programs, services, technology, and materials, for individuals with
disabilities, including complying through providing staff training and
support for addressing the needs of individuals with disabilities; and
</text>
</clause>
<clause id="idcae4e3a73b574c22b7dff503bf91d4f0">
<enum>
(viii)
</enum>
<text>
such other operational planning elements as the Secretary of Labor or the Secretary of Education,
as
appropriate, determines to be necessary for effective State operating
systems and policies.
</text>
</clause>
</subparagraph>
<subparagraph id="id5859da9426964f439fa6595f96106092">
<enum>
(D)
</enum>
<header>
Program-specific requirements
</header>
<text>
The unified State plan shall include—
</text>
<clause id="idcbe3bc68842740c08eef127a8b03e739">
<enum>
(i)
</enum>
<text>
with respect to activities carried out under subtitle B, a description of—
</text>
<subclause id="id7113668c47cc42c39660307d8a1a9a04">
<enum>
(I)
</enum>
<text>
State policies or guidance, for the statewide workforce development system and for use of State
funds for workforce investment activities;
</text>
</subclause>
<subclause id="id3d43c27ae4704c54984aad5a243ac5ca">
<enum>
(II)
</enum>
<text>
the local areas designated in the State, including the process used for designating local areas,
and the process used for identifying any planning regions under section
106(a), including a description of how the State consulted with the local
boards and chief elected officials in determining the planning regions;
</text>
</subclause>
<subclause id="id9be33aa13f424e81841c5b761b21f05f">
<enum>
(III)
</enum>
<text>
the appeals process referred to in section 106(b)(5), relating to designation of local areas;
</text>
</subclause>
<subclause id="id41694aa30e8143d1ac229a82e2631840">
<enum>
(IV)
</enum>
<text>
the appeals process referred to in section 121(h)(2)(E), relating to determinations for
infrastructure funding; and
</text>
</subclause>
<subclause id="id6397842729584b76a06b16bd1508f259">
<enum>
(V)
</enum>
<text>
with respect to youth workforce investment activities authorized in section 129, information
identifying the criteria to be used by local boards in awarding grants for
youth workforce investment activities and describing how the local boards
will take into consideration the ability of
the providers to meet performance accountability measures based on primary
indicators of performance for the youth program as described in section
116(b)(2)(A)(ii) in awarding such grants;
</text>
</subclause>
</clause>
<clause id="id7aa77dee69624129be3451c685af6fac">
<enum>
(ii)
</enum>
<text>
with respect to activities carried out under title II, a description of—
</text>
<subclause id="id06b1916d530b4afb9cbaf9636fc72025">
<enum>
(I)
</enum>
<text>
how the eligible agency will, if applicable, align content standards for adult education with
State-adopted challenging academic content standards, as adopted under
section 1111(b)(1) of the Elementary and Secondary Education Act of 1965
(
<external-xref legal-doc="usc" parsable-cite="usc/20/6311">
20 U.S.C. 6311(b)(1)
</external-xref>
);
</text>
</subclause>
<subclause id="id01187f293d9d438d8a84d401394e2059">
<enum>
(II)
</enum>
<text>
how the State will fund local activities using considerations specified in section 231(e) for—
</text>
<item id="id46ebb06d338d47898b03fbbe6b22a2b8">
<enum>
(aa)
</enum>
<text>
activities under section 231(b);
</text>
</item>
<item id="idc605e0082808479fbbaf1da1001a8ba8">
<enum>
(bb)
</enum>
<text>
programs for corrections education under section 225;
</text>
</item>
<item id="id337a0007e0d04f30aa2a602f27d11d76">
<enum>
(cc)
</enum>
<text>
programs for integrated English literacy and civics education under section 243; and
</text>
</item>
<item id="idad6c207f6c49470eb6fae632f9801e8b">
<enum>
(dd)
</enum>
<text>
integrated education and training;
</text>
</item>
</subclause>
<subclause id="idd7e05db37a324beba45485cd3d85f926">
<enum>
(III)
</enum>
<text>
how the State will use the funds to carry out activities under section 223;
</text>
</subclause>
<subclause id="idda12543c56064b1db07ad4f2dcae6c94">
<enum>
(IV)
</enum>
<text>
how the State will use the funds to carry out activities under section 243;
</text>
</subclause>
<subclause id="id2baad407dd7e4588af9fb4ce50a8e84e">
<enum>
(V)
</enum>
<text>
how the eligible agency will assess the quality of providers of adult education and literacy
activities under title II and take actions to improve such quality,
including providing the activities described in section 223(a)(1)(B);
</text>
</subclause>
</clause>
<clause id="id874a83813c4e45e1aba7e1f0e825bfd4">
<enum>
(iii)
</enum>
<text>
with respect to programs carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720
et seq.), other than section 112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
,
741), the information described in section 101(a) of that Act (29 U.S.C.
721(a)); and
</text>
</clause>
<clause id="id01161021f19f4401a67dd765b9e68c3e">
<enum>
(iv)
</enum>
<text>
information on such additional specific requirements for a program referenced in any of clauses (i)
through (iii) or the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) as the
Secretary of Labor determines to be necessary to administer that program
but
cannot reasonably be applied across all such programs.
</text>
</clause>
</subparagraph>
<subparagraph id="id549289c7d21e4cda8aa4d69537d71a5e">
<enum>
(E)
</enum>
<header>
Assurances
</header>
<text>
The unified State plan shall include assurances—
</text>
<clause id="id7f1225ebc5ad438a9430daceac7266e8">
<enum>
(i)
</enum>
<text>
that the State has established a policy identifying circumstances that may present a conflict of
interest for a State board or local board member, or the entity or class
of officials that the member represents, and procedures to resolve such
conflicts;
</text>
</clause>
<clause id="id1504b3e175604dc3aafa06d0085cf7fb">
<enum>
(ii)
</enum>
<text>
that the State has established a policy to provide to the public (including individuals with
disabilities) access to meetings of State boards and local boards, and
information regarding activities of State boards and local boards, such as
data on board membership and minutes;
</text>
</clause>
<clause id="idb1b4d62fc6c14ca5aa9b73fde66a5583">
<enum>
(iii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="id15B8A454ABCA40029B57C1610043B409">
<enum>
(I)
</enum>
<text>
that the lead State agencies with responsibility for the administration of core programs reviewed
and commented on the appropriate operational planning elements of the
unified State plan, and approved the elements as serving the needs of the
populations served by such programs; and
</text>
</subclause>
<subclause changed="added" id="id6CD1BA7E5DE0410C8FC7267B35D58B62" indent="up1" reported-display-style="italic">
<enum>
(II)
</enum>
<text>
that the State obtained input into the development of the unified State plan and provided an
opportunity for comment on the plan by representatives of local boards and
chief elected officials, businesses, labor organizations, institutions of
higher education, other primary stakeholders, and the general public and
that the unified State plan is available and accessible to the general
public;
</text>
</subclause>
</clause>
<clause id="id0a6600a32d4049969cb20df748de9fef">
<enum>
(iv)
</enum>
<text>
that the State has established, in accordance with section 116(i), fiscal control and fund
accounting procedures that may be necessary to ensure the proper
disbursement of, and accounting for, funds paid to the State through
allotments made for adult, dislocated worker, and youth programs to carry
out workforce investment activities under chapters 2 and 3 of subtitle B;
</text>
</clause>
<clause id="id15be9705f44344e8877d216a61414c2a">
<enum>
(v)
</enum>
<text>
that the State has taken appropriate action to secure compliance with uniform administrative
requirements in this Act, including that the State will annually monitor
local areas to ensure compliance and otherwise take appropriate action to
secure
compliance with the uniform administrative requirements under section
184(a)(3);
</text>
</clause>
<clause id="id0ffe9f8b2fdb488c83bd26c821455637">
<enum>
(vi)
</enum>
<text>
that the State has taken the appropriate action to be in compliance with section 188, if
applicable;
</text>
</clause>
<clause id="idffb68620570441b38558a3c8b0bf8c32">
<enum>
(vii)
</enum>
<text>
that the Federal funds received to carry out a core program will not be expended for any purpose
other than for activities authorized with respect to such funds under that
core program;
</text>
</clause>
<clause id="idcb094c261f3e48e79b3b9954fe65d1b7">
<enum>
(viii)
</enum>
<text>
that the eligible agency under title II will—
</text>
<subclause id="idc94382b6bda94efc929138ebe3eb760c">
<enum>
(I)
</enum>
<text>
expend the funds appropriated to carry out that title only in a manner consistent with fiscal
requirements under section 241(a) (regarding supplement and not supplant
provisions); and
</text>
</subclause>
<subclause id="idd8173d6ad63b449eace1ac13d910da90">
<enum>
(II)
</enum>
<text>
ensure that there is at least 1 eligible provider serving each local area;
</text>
</subclause>
</clause>
<clause id="id55afc91762b34321bedab045837cbf03">
<enum>
(ix)
</enum>
<text>
that the State will pay an appropriate share (as defined by the State board) of the costs of
carrying out section 116, from funds made available through each of the
core programs; and
</text>
</clause>
<clause id="id33c09132ab874f81a39fc7db5f2cae21">
<enum>
(x)
</enum>
<text>
regarding such other matters as the Secretary of Labor or the Secretary of Education, as
appropriate, determines to be necessary for the administration of the core
programs.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id9C271C504A344D1B96B32B5DE1382A87">
<enum>
(3)
</enum>
<header>
Existing analysis
</header>
<text>
As appropriate, a State may use an existing analysis in order to carry out the requirements of
paragraph (1) concerning an analysis.
</text>
</paragraph>
</subsection>
<subsection id="id66d6f46eba084d728c554b6f6f321179">
<enum>
(c)
</enum>
<header>
Plan submission and approval
</header>
<paragraph id="id973f2bd9a566439884f022e088a5924d">
<enum>
(1)
</enum>
<header>
Submission
</header>
<subparagraph id="idc22a871f024b4137b55e20412e2bdf37">
<enum>
(A)
</enum>
<header>
Initial plan
</header>
<text>
The initial unified State plan under this section (after the date of enactment of the Workforce
Innovation and Opportunity Act) shall be submitted to the Secretary of
Labor not
later than 120 days prior to the commencement of the second full program
year after the date of enactment of this Act.
</text>
</subparagraph>
<subparagraph id="id5ca939de8372443d849f2b01f2db8b72">
<enum>
(B)
</enum>
<header>
Subsequent plans
</header>
<text>
Except as provided in subparagraph (A), a unified State plan shall be submitted to the Secretary of
Labor not later than 120
days prior to the end of the 4-year period covered by the preceding
unified State plan.
</text>
</subparagraph>
</paragraph>
<paragraph id="idc00671a6cb334a33980cfd42ae7744a5">
<enum>
(2)
</enum>
<header>
Submission and approval
</header>
<subparagraph id="idC04B35539F784BB39EF17F255641C9A1">
<enum>
(A)
</enum>
<header>
Submission
</header>
<text>
In approving a unified State plan under this section, the Secretary shall submit the portion of the
unified State plan covering a program or activity to the head of the
Federal agency that administers the program or activity for the approval
of such portion by such head.
</text>
</subparagraph>
<subparagraph id="id8AE863E738FD488793BFF9DFDC5DB849">
<enum>
(B)
</enum>
<header>
Approval
</header>
<text>
A unified State plan shall be subject to the approval of both the Secretary of Labor and the
Secretary of Education, after approval of the Commissioner of the
Rehabilitation Services Administration for the portion of the plan
described in subsection (b)(2)(D)(iii).
The plan shall be considered to be approved at the
end of the 90-day period beginning on the day the plan is submitted,
unless the Secretary of Labor or the Secretary of Education makes a
written determination, during the 90-day period, that the plan is
inconsistent with the provisions of this section or the provisions
authorizing the core programs, as appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="id784f268c536d4fe4848e11562ab20324">
<enum>
(3)
</enum>
<header>
Modifications
</header>
<subparagraph id="id0b16082dcf67497496d637e17b9b67fb">
<enum>
(A)
</enum>
<header>
Modifications
</header>
<text>
At the end of the first 2-year period of any 4-year unified State plan, the State board shall
review the unified State plan, and the Governor shall submit modifications
to the plan to reflect changes in labor market and economic conditions or
in other factors affecting the implementation of the unified State plan.
</text>
</subparagraph>
<subparagraph id="id40a76d72b69045739c4012e0264c134b">
<enum>
(B)
</enum>
<header>
Approval
</header>
<text>
A modified unified State plan submitted for the review required under subparagraph (A) shall be
subject to the approval requirements described in paragraph (2). A
Governor may submit a modified unified State plan at such other times as
the Governor determines to be appropriate, and such modified unified State
plan shall also be subject to the approval requirements described in
paragraph (2).
</text>
</subparagraph>
</paragraph>
<paragraph id="idbb16cf2f857642c699d606f3d24c6c7c">
<enum>
(4)
</enum>
<header>
Early implementers
</header>
<text>
The Secretary of Labor, in conjunction with the Secretary of Education, shall
establish a process for approving and may approve unified State plans that
meet the requirements of this section and are submitted to cover periods
commencing prior to the second full program year described in paragraph
(1)(A).
</text>
</paragraph>
</subsection>
</section>
<section id="id8b1abf53-1e9e-4fe1-b167-3449cedfdf79">
<enum>
103.
</enum>
<header>
Combined State plan
</header>
<subsection id="id7d0b0e02-5beb-427f-96ca-999cd0135b78">
<enum>
(a)
</enum>
<header>
In general
</header>
<paragraph id="idb00832a1-ac97-4ef6-9196-3aa0ffebf97c">
<enum>
(1)
</enum>
<header>
Authority To submit plan
</header>
<text>
A State may develop and submit to the appropriate Secretaries a combined State plan for the core
programs and 1 or more of the programs and activities described in
paragraph (2) in lieu of submitting 2 or more plans, for the programs and
activities and the core programs.
</text>
</paragraph>
<paragraph id="ided17f581-58f2-4b0d-9763-f42d39ae9bff">
<enum>
(2)
</enum>
<header>
Programs
</header>
<text>
The programs and activities referred to in paragraph (1) are as follows:
</text>
<subparagraph id="id9735429f-7cf2-45fc-9009-07f3cf6ad249">
<enum>
(A)
</enum>
<text>
Career and technical education programs authorized under the Carl D. Perkins Career and Technical
Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2301">
20 U.S.C. 2301 et seq.
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="idb7d58242-af74-4783-9d08-37287683b6ec">
<enum>
(B)
</enum>
<text>
Programs authorized under part A of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/601">
42 U.S.C. 601 et seq.
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="idd9048950-1b6a-4fda-af63-47d95ac9c8c0">
<enum>
(C)
</enum>
<text>
Programs authorized under section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d)(4)).
</text>
</subparagraph>
<subparagraph id="id8fdebc0b-e833-4ea9-97b6-303c89bf22f6">
<enum>
(D)
</enum>
<text>
Work programs authorized under section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(o)).
</text>
</subparagraph>
<subparagraph id="id44d1bd4d-be85-406e-8b70-ceffce571e2b">
<enum>
(E)
</enum>
<text>
Activities authorized under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et
seq.).
</text>
</subparagraph>
<subparagraph id="idb6dcc2e1-1911-4a71-bfcf-0a1f4c9f97c9">
<enum>
(F)
</enum>
<text>
Activities authorized under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/41">
chapter 41
</external-xref>
of title 38, United States Code.
</text>
</subparagraph>
<subparagraph id="id7c31e707-ee18-45ba-8107-6aa76e0e9cb7">
<enum>
(G)
</enum>
<text>
Programs authorized under State unemployment compensation laws (in accordance with applicable
Federal law).
</text>
</subparagraph>
<subparagraph id="id161c7848-4bdb-43d3-a992-8dd8cc29320c">
<enum>
(H)
</enum>
<text>
Programs authorized under title V of the Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056">
42 U.S.C. 3056 et seq.
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="ida1802af8-dd36-4657-b758-d1b15ac104d9">
<enum>
(I)
</enum>
<text>
Employment and training activities carried out by the Department of Housing and Urban Development.
</text>
</subparagraph>
<subparagraph id="id82433dd3-ce7b-4c88-a0b8-cb2874d5f877">
<enum>
(J)
</enum>
<text>
Employment and training activities carried out under the Community Services Block Grant Act (42
U.S.C. 9901 et seq.).
</text>
</subparagraph>
<subparagraph id="id1efc0a0c-7add-4534-b4be-72bda07130d6">
<enum>
(K)
</enum>
<text>
Programs authorized under section 212 of the Second Chance Act of 2007 (
<external-xref legal-doc="usc" parsable-cite="usc/42/17532">
42 U.S.C. 17532
</external-xref>
).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="idf1c8d351-694a-48ad-85a0-653181d9ec01">
<enum>
(b)
</enum>
<header>
Requirements
</header>
<paragraph id="id7a8328b0-da4f-4da0-b32d-9df50144d0a5">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The portion of a combined plan covering the core programs shall be subject to the requirements of
section 102 (including section 102(c)(3)). The portion of such plan
covering a program or activity described in subsection (a)(2) shall be
subject to the requirements, if any, applicable to a plan or application
for assistance for that program or activity, under the Federal law
authorizing the program or activity. At the election of the State, section
102(c)(3) may apply to that portion.
</text>
</paragraph>
<paragraph id="idebf5ea17-e23e-4614-a2a6-c8f52ab3b324">
<enum>
(2)
</enum>
<header>
Additional submission not required
</header>
<text>
A State that submits a combined plan that is approved under subsection (c) shall not be required to
submit any other plan or application in order to receive Federal funds to
carry out the core programs or the program or activities described in
subsection (a)(2) that are covered by the combined plan.
</text>
</paragraph>
<paragraph id="id23763b31-f3e2-400e-8916-2f694d5e1d6f">
<enum>
(3)
</enum>
<header>
Coordination
</header>
<text>
A combined plan shall include—
</text>
<subparagraph id="idde067f26-512b-4a5c-b642-774d09b3766d">
<enum>
(A)
</enum>
<text>
a description of the methods used for joint planning and coordination of the core programs and the
other programs and activities covered by the combined plan; and
</text>
</subparagraph>
<subparagraph id="ida2437025-37b4-40dc-bdb0-bb6cda2daa69">
<enum>
(B)
</enum>
<text>
an assurance that the methods included an opportunity for the entities responsible for planning or
administering the core programs and the other programs and activities to
review and comment on all portions of the combined plan.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="idee34809d-143b-4170-b0e6-42c9f98821a0">
<enum>
(c)
</enum>
<header>
Approval by the appropriate secretaries
</header>
<paragraph id="id7df7db48-966c-47f9-bef0-e8877c98b40d">
<enum>
(1)
</enum>
<header>
Jurisdiction
</header>
<text>
The appropriate Secretary shall have the authority to approve the corresponding portion of a
combined plan as described in subsection (d). On the approval of the
appropriate Secretary, that portion of the combined plan, covering a
program or activity, shall be implemented by the State pursuant to that
portion of the combined plan, and the Federal law authorizing the program
or activity.
</text>
</paragraph>
<paragraph id="id55322d08-8cd3-4a7e-9596-268dd22f74f8">
<enum>
(2)
</enum>
<header>
Approval of core programs
</header>
<text>
No portion of the plan relating to a core program shall be implemented until the appropriate
Secretary approves the corresponding portions of the plan for all core
programs.
</text>
</paragraph>
<paragraph id="ida8f25276-79fd-4f49-bbbe-15520868df13">
<enum>
(3)
</enum>
<header>
Timing of approval
</header>
<subparagraph id="id18bf7dce-443f-4ddb-aa51-dee68ef46853">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Except as provided in subparagraphs (B) and (C), a portion of the combined State plan covering the
core programs or a program or activity described in subsection (a)(2)
shall be considered to be approved by the appropriate Secretary at the end
of the 90-day period beginning on the day the plan is submitted.
</text>
</subparagraph>
<subparagraph id="ided7e2bd3-0d06-44c9-899f-290bbdac15f0">
<enum>
(B)
</enum>
<header>
Plan approved by 3 or more appropriate Secretaries
</header>
<text>
If an appropriate Secretary other than the Secretary of Labor or the Secretary of Education has
authority to approve a portion of a combined plan, that portion of the
combined plan shall be considered to be approved by the appropriate
Secretary at the end of the 120-day period beginning on the day the plan
is submitted.
</text>
</subparagraph>
<subparagraph id="id5722d908-15cc-49e5-aae9-cfd7cb8b8cd1">
<enum>
(C)
</enum>
<header>
Disapproval
</header>
<text>
The portion shall not be considered to be approved if the appropriate Secretary makes a written
determination, during the 90-day period (or the 120-day period, for an
appropriate Secretary covered by subparagraph (B)), that the portion is
not consistent with the requirements of the Federal law authorizing or
applicable to the program or activity involved, including the criteria for
approval of a plan or application, if any, under such law, or the plan is
not consistent with the requirements of this section.
</text>
</subparagraph>
</paragraph>
<paragraph id="idacd7ba8e-41dd-4f7e-835c-4b3ee4513563">
<enum>
(4)
</enum>
<header>
Special rule
</header>
<text>
In paragraph (3), the term
<quote>
criteria for approval of a plan or application
</quote>
, with respect to a State and a core program or a program under the Carl D. Perkins Career and
Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2301">
20 U.S.C. 2301 et seq.
</external-xref>
), includes a
requirement for agreement between the State and the appropriate
Secretaries regarding State performance measures or State
performance accountability measures, as the case may be, including levels
of performance.
</text>
</paragraph>
</subsection>
<subsection id="id5e77d448e7ed47b4bb6cb45b43912f6d">
<enum>
(d)
</enum>
<header>
Appropriate secretary
</header>
<text>
In this section, the term
<term>
appropriate Secretary
</term>
means—
</text>
<paragraph id="idada4a4fb81c34a97a84a340d0130c03f">
<enum>
(1)
</enum>
<text>
with respect to the portion of a combined plan relating to any of the core programs (including a
description, and an assurance concerning that program, specified in
subsection (b)(3)), the Secretary of Labor and the Secretary of Education;
and
</text>
</paragraph>
<paragraph id="id1a3cf73c5b0142e3be066536753fc648">
<enum>
(2)
</enum>
<text>
with respect to the portion of a combined plan relating to a program or activity described in
subsection (a)(2) (including a description, and an assurance concerning
that program or activity, specified in subsection (b)(3)), the head of the
Federal agency who exercises plan or application approval authority for
the program or activity under the Federal law authorizing the program or
activity, or, if there are no planning or application requirements for
such program or activity, exercises administrative authority over the
program or activity under that Federal law.
</text>
</paragraph>
</subsection>
</section>
</chapter>
<chapter id="id03BC3EE7F1E54D2EB7FA1896A20DE2F2">
<enum>
2
</enum>
<header>
Local provisions
</header>
<section id="id602f0ea8-5b43-4002-b003-d8cd572682c3">
<enum>
106.
</enum>
<header>
Workforce development areas
</header>
<subsection id="id0FAD4FA9CE34479490481084DA1A5473">
<enum>
(a)
</enum>
<header>
Regions
</header>
<paragraph id="idae9e419ce2724090a75b91f5a403eeb8">
<enum>
(1)
</enum>
<header>
Identification
</header>
<text>
Before the second full program year after the date of enactment of this Act, in order for a State
to receive an allotment under section 127(b) or 132(b) and as part of the
process
for developing the State plan, a State shall identify regions in the State
after consultation with the local boards and chief elected officials in
the local areas and consistent with the considerations described in
subsection (b)(1)(B).
</text>
</paragraph>
<paragraph id="id0454b568a081454593baf4252c2c712a">
<enum>
(2)
</enum>
<header>
Types of regions
</header>
<text>
For purposes of this Act, the State shall identify—
</text>
<subparagraph id="id6da6dbc94ec74efda7b9eb051d08a7c7">
<enum>
(A)
</enum>
<text>
which regions are comprised of 1 local area that is aligned with the region;
</text>
</subparagraph>
<subparagraph id="id88bd65ac893f4c278c1d189ed6c65e56">
<enum>
(B)
</enum>
<text>
which regions are comprised of 2 or more local areas that are (collectively) aligned with the
region (referred to as planning regions, consistent with section 3);
and
</text>
</subparagraph>
<subparagraph id="idE9A89FF223684E478E4A3ECFAF0C3BFE">
<enum>
(C)
</enum>
<text>
which, of the regions described in subparagraph (B), are interstate areas contained
within 2 or more States, and consist of labor market areas, economic
development areas, or other appropriate contiguous subareas of those
States.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="idbeb83a40d9b44738b346cd03a0ee1a3c">
<enum>
(b)
</enum>
<header>
Local areas
</header>
<paragraph id="id70fc95fbc10147059b3e5a1e865d4490">
<enum>
(1)
</enum>
<header>
In general
</header>
<subparagraph id="id399d58865bee498d856d49442c837c77">
<enum>
(A)
</enum>
<header>
Process
</header>
<text>
Except as provided in subsection (d), and consistent with paragraphs (2) and (3), in order for a
State to receive an allotment under section 127(b) or 132(b), the Governor
of the State shall designate local workforce development areas within the
State—
</text>
<clause id="id7b351c346b5148a1b97a5913ffa3da21">
<enum>
(i)
</enum>
<text>
through consultation with the State board; and
</text>
</clause>
<clause id="id7e9df970a571488c88080b45fc1d16aa">
<enum>
(ii)
</enum>
<text>
after consultation with chief elected officials and local boards, and after consideration of
comments received through the public comment process as described in
section 102(b)(2)(E)(iii)(II).
</text>
</clause>
</subparagraph>
<subparagraph id="id7b154a2e436443ec9a2459bf96562601">
<enum>
(B)
</enum>
<header>
Considerations
</header>
<text>
The Governor shall designate local areas (except for those local areas described in paragraphs (2)
and
(3)) based on considerations consisting of the extent to which the
areas—
</text>
<clause id="idedab4d39d43946128ea6bd26b3ea408e">
<enum>
(i)
</enum>
<text>
are consistent with labor market areas in the State;
</text>
</clause>
<clause id="idf14126cbe3634e7db35688186aa7f808">
<enum>
(ii)
</enum>
<text>
are consistent with regional economic development areas in the State; and
</text>
</clause>
<clause id="id6d66177f1b314912a0af4a9af82f0b76">
<enum>
(iii)
</enum>
<text>
have available the Federal and non-Federal resources necessary to effectively administer activities
under subtitle B and other applicable provisions of this Act, including
whether the areas have the appropriate education and training providers,
such as institutions of higher education and area career and technical
education schools.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id5b7577d3f3964b09baea7c89b3aaf0ba">
<enum>
(2)
</enum>
<header>
Initial designation
</header>
<text>
During the first 2 full program years following the date of enactment of this Act, the Governor
shall approve a request for initial designation as a local area from any
area that was designated as a local area for purposes of the Workforce
Investment Act of 1998 for the 2-year period preceding
the date of enactment of this Act, performed successfully, and sustained
fiscal integrity.
</text>
</paragraph>
<paragraph id="id55853eae43ce4a15a8777f81d20d1c0b">
<enum>
(3)
</enum>
<header>
Subsequent designation
</header>
<text>
After the period for which a local area is initially designated under paragraph (2), the Governor
shall approve a request for subsequent designation as a local area from
such local area, if such area—
</text>
<subparagraph id="idbceedbba6e994d2a8013f30db96e1d5d">
<enum>
(A)
</enum>
<text>
performed successfully;
</text>
</subparagraph>
<subparagraph id="idc186104590f1429aad05940706e3728a">
<enum>
(B)
</enum>
<text>
sustained fiscal integrity; and
</text>
</subparagraph>
<subparagraph id="id64827fa11e2044e6b335055a8703cb91">
<enum>
(C)
</enum>
<text>
in the case of a local area in a planning region, met the requirements described in subsection
(c)(1).
</text>
</subparagraph>
</paragraph>
<paragraph id="idbddba779c67e45dca891fe615aeccbe4">
<enum>
(4)
</enum>
<header>
Designation on recommendation of State board
</header>
<text>
The Governor may approve a request from any unit of general local government (including a
combination of such units) for designation of an area as a local area if
the State board determines, based on the considerations described in
paragraph (1)(B), and recommends to the Governor, that such area should be
so
designated.
</text>
</paragraph>
<paragraph id="idbaab480b54064758b667ad6ec6e2d52f">
<enum>
(5)
</enum>
<header>
Appeals
</header>
<text>
A unit of general local government (including a combination of such units) or grant recipient that
requests but is not granted designation of an area as a local area under
paragraph (2) or (3) may submit an appeal to the State board under an
appeal process established in the State plan. If the appeal does not
result in such a designation, the Secretary of Labor, after receiving a
request for review from the unit or grant recipient and on determining
that the unit or grant recipient was not accorded procedural rights under
the appeals process described in the State plan, as specified in section
102(b)(2)(D)(i)(III), or that the area meets the requirements of paragraph
(2) or (3), may require that the area be designated as a local area under
such paragraph.
</text>
</paragraph>
<paragraph id="id01127c685f244474be7142e0e70e2aea">
<enum>
(6)
</enum>
<header>
Redesignation assistance
</header>
<text>
On the request of all of the local areas in a planning region, the State shall provide funding from
funds made available under sections 128(a) and 133(a)(1) to assist the
local areas in carrying out activities to facilitate the redesignation of
the local areas to a single local area.
</text>
</paragraph>
</subsection>
<subsection id="idf5ca7c5e0d93462c905b594061dfd981">
<enum>
(c)
</enum>
<header>
Regional coordination
</header>
<paragraph id="id9c49956b5388497da9407e6aa8a6c458">
<enum>
(1)
</enum>
<header>
Regional planning
</header>
<text>
The local boards and chief elected officials in each planning region described in subparagraph (B)
or (C) of subsection (a)(2) shall engage in a
regional planning process that results in—
</text>
<subparagraph id="idcfa49eac4e5a4b598ba3ffc5fb65f0cd">
<enum>
(A)
</enum>
<text>
the preparation of a regional plan, as described in paragraph (2);
</text>
</subparagraph>
<subparagraph id="id5381cfd0b22d4070b0e5217bdc1486c3">
<enum>
(B)
</enum>
<text>
the establishment of regional service strategies, including use of cooperative service delivery
agreements;
</text>
</subparagraph>
<subparagraph id="idc796bef08ae940928c9aa0cbed42facb">
<enum>
(C)
</enum>
<text>
the development and implementation of sector initiatives for in-demand industry sectors or
occupations for the region;
</text>
</subparagraph>
<subparagraph id="id0d37a5d6ab854b598d7468cd0024045d">
<enum>
(D)
</enum>
<text>
the collection and analysis of regional labor market data (in conjunction with the State);
</text>
</subparagraph>
<subparagraph id="id9ad24a096c1549fc9a88772c2562a113">
<enum>
(E)
</enum>
<text>
the establishment of administrative cost arrangements, including the pooling of funds for
administrative
costs, as appropriate, for the region;
</text>
</subparagraph>
<subparagraph id="idc56d06070f544f9d8009dfd89773d8d1">
<enum>
(F)
</enum>
<text>
the coordination of transportation and other supportive services, as appropriate, for the region;
</text>
</subparagraph>
<subparagraph id="idb9ac810a08dc458cb01e3747def1d02d">
<enum>
(G)
</enum>
<text>
the coordination of services with regional economic development services and providers; and
</text>
</subparagraph>
<subparagraph id="idf77210f82bb64a4fafa701c06ed4d60d">
<enum>
(H)
</enum>
<text>
the establishment of an agreement concerning how the planning region will collectively negotiate
and reach agreement with Governor on local
levels of performance for, and report on, the performance
accountability measures described in section 116(c), for local areas or
the planning region.
</text>
</subparagraph>
</paragraph>
<paragraph id="id80086E10F5A347CC8F5D57A314861503">
<enum>
(2)
</enum>
<header>
Regional plans
</header>
<text>
The State, after consultation with local boards and chief elected officials for the planning
regions, shall require the local boards and chief elected officials within
a planning
region to prepare, submit, and obtain approval of a single regional plan
that includes a description of the activities described in paragraph (1)
and that incorporates local plans for each of the local areas in
the planning region. The State shall provide technical assistance and
labor market data, as requested by local areas, to assist with such
regional planning and subsequent service delivery efforts.
</text>
</paragraph>
<paragraph commented="no" id="idf2d4b7c7-51f5-432e-a743-cd847955889f">
<enum>
(3)
</enum>
<header>
References
</header>
<text>
In this Act, and the core program provisions that are not in this Act:
</text>
<subparagraph commented="no" id="id090ced57-19de-4e4c-b3bf-79c32c14e1a5">
<enum>
(A)
</enum>
<header>
Local area
</header>
<text>
Except as provided in section 101(d)(9), this section, paragraph (1)(B) or (4) of section 107(c),
or section 107(d)(12)(B), or in any text that provides an accompanying
provision specifically for a planning region, the term
<term>
local area
</term>
in a provision includes a reference to a planning region for purposes of implementation of that
provision by the corresponding local areas in the region.
</text>
</subparagraph>
<subparagraph commented="no" id="id47370fb1-933d-46c7-9346-dfdf7f2e3c6c">
<enum>
(B)
</enum>
<header>
Local plan
</header>
<text>
Except as provided in this subsection, the term
<term>
local plan
</term>
includes a reference to the portion of a regional plan developed with respect to the corresponding
local area within the region, and any regionwide provision of that plan
that impacts or relates to the local area.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="id2832a92c6bca4b7ab4a8a28f1d6e938a">
<enum>
(d)
</enum>
<header>
Single state local areas
</header>
<paragraph id="idca7eb0a0bc4b4b06b4de6b46b24312bf">
<enum>
(1)
</enum>
<header>
Continuation of previous designation
</header>
<text>
The Governor of any State that was a single State local area for purposes of title I of the
Workforce Investment Act of 1998, as in effect on July 1, 2013, may
designate the State as a single State local area for purposes of this
title. In the case of such designation, the Governor shall identify the
State as a local area in the State plan.
</text>
</paragraph>
<paragraph id="idf0b5b87398794637b2923305c8cb3532">
<enum>
(2)
</enum>
<header>
Effect on local plan and local functions
</header>
<text>
In any case in which a State is designated as a local area pursuant to this subsection, the local
plan prepared under section 108 for the area shall be submitted for
approval as part of the State plan. In such a State, the State board shall
carry out the functions of a local board, as specified in this Act or the
provisions authorizing a core program, but the State shall not be required
to meet and report on a set of local performance accountability measures.
</text>
</paragraph>
</subsection>
<subsection id="id2cc9cc2bc3754d08bea65c611344978d">
<enum>
(e)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
For purposes of this section:
</text>
<paragraph id="id2b51b36d2b754afa9dd8e4737a1ce7cb">
<enum>
(1)
</enum>
<header>
Performed successfully
</header>
<text>
The term
<term>
performed successfully
</term>
, used with respect to a local area, means the local area met or exceeded the adjusted levels of
performance for primary indicators of performance described in section
116(b)(2)(A) (or, if applicable, core indicators of performance
described in section 136(b)(2)(A) of the Workforce Investment Act of 1998,
as in effect the day before the date of enactment of this Act) for each of
the last 2 consecutive years for which data are available preceding the
determination of performance under this paragraph.
</text>
</paragraph>
<paragraph id="id9ad5277eb25340b2b25c6efc2eac039d">
<enum>
(2)
</enum>
<header>
Sustained fiscal integrity
</header>
<text>
The term
<term>
sustained fiscal integrity
</term>
, used with respect to a local area, means that the Secretary has not made a formal determination,
during either of the last 2 consecutive years preceding the determination
regarding such integrity, that either the grant recipient or the
administrative entity of the area misexpended funds provided under
subtitle B (or, if applicable, title I of the Workforce Investment Act
of 1998 as in effect prior to the effective date of such subtitle B) due
to willful disregard of the requirements of the provision involved, gross
negligence, or failure to comply with accepted standards of
administration.
</text>
</paragraph>
</subsection>
</section>
<section id="id09a140fa-fe19-4891-a499-6a6fb5e71fe0">
<enum>
107.
</enum>
<header>
Local workforce development boards
</header>
<subsection id="id3c9df050-ad9e-4308-a33b-59ed54d20b99">
<enum>
(a)
</enum>
<header>
Establishment
</header>
<text>
Except as provided in subsection (c)(2)(A), there shall be established, and certified by the
Governor of the State, a local workforce development board in each local
area of a State to carry out the functions described in subsection (d)
(and any functions specified for the local board under this Act or the
provisions establishing a core program) for such area.
</text>
</subsection>
<subsection id="id61291401-7bd0-4ce7-82e3-df1b721a861b">
<enum>
(b)
</enum>
<header>
Membership
</header>
<paragraph id="id4d57aa6d-4ef1-40b3-a646-7c134d5a443a">
<enum>
(1)
</enum>
<header>
State criteria
</header>
<text>
The Governor, in partnership with the State board, shall establish criteria for use by chief
elected officials in the local areas for appointment of members of the
local boards in such local areas in accordance with the requirements of
paragraph (2).
</text>
</paragraph>
<paragraph id="idf4f85611-bf1e-4aff-bede-f74c94a9cbfa">
<enum>
(2)
</enum>
<header>
Composition
</header>
<text>
Such criteria shall require that, at a minimum—
</text>
<subparagraph id="id7dd14f56-646f-4373-94be-704547317f48">
<enum>
(A)
</enum>
<text>
a majority of the members of each local board shall be representatives of business in the local
area, who—
</text>
<clause id="id028a7e51-d8ce-4dc8-8375-6feb2cc9e6c7">
<enum>
(i)
</enum>
<text>
are owners of businesses, chief executives or operating officers of businesses, or other business
executives or employers with optimum policymaking or hiring authority;
</text>
</clause>
<clause id="id7dc78ba9-3d54-4fda-bef3-420375257b5d">
<enum>
(ii)
</enum>
<text>
represent businesses, including small businesses, or organizations representing businesses
described in this clause, that provide employment opportunities that, at a
minimum, include
high-quality, work-relevant training and development in in-demand industry
sectors or occupations in the local area; and
</text>
</clause>
<clause id="id71e114d4-72ae-4a2b-863c-96016451d410">
<enum>
(iii)
</enum>
<text>
are appointed from among individuals nominated by local business organizations and business trade
associations;
</text>
</clause>
</subparagraph>
<subparagraph id="id26aef035-7fcd-4670-98c8-c19ffad47dcd">
<enum>
(B)
</enum>
<text>
not less than 20 percent of the members of each local board shall be representatives of the
workforce within the local area, who—
</text>
<clause id="idb0080181-7040-4fed-9fcf-daec6078bbfd">
<enum>
(i)
</enum>
<text>
shall include representatives of labor organizations (for a local area in which employees are
represented by labor organizations), who have been nominated by local
labor federations, or (for a local area in which no employees are
represented by such organizations) other representatives of employees;
</text>
</clause>
<clause id="id735018fd999742968b47065dd3fda686">
<enum>
(ii)
</enum>
<text>
shall include a representative, who shall be a member of a labor organization or a training
director,
from a joint labor-management apprenticeship program, or if no such joint
program exists in the area, such a representative of an apprenticeship
program in the area, if such a program exists;
</text>
</clause>
<clause id="ide8c95ab8-fc57-4711-8fa2-fa4857b3fb8a">
<enum>
(iii)
</enum>
<text>
may include representatives of community-based organizations that have demonstrated experience and
expertise in addressing the employment needs of individuals with barriers
to employment, including organizations that serve veterans or that provide
or support competitive integrated employment for individuals with
disabilities; and
</text>
</clause>
<clause id="idd87ff65f-7d08-43bf-9b76-535ebae4bf83">
<enum>
(iv)
</enum>
<text>
may include representatives of organizations that have demonstrated experience and expertise in
addressing the employment, training, or education needs of eligible youth,
including representatives of organizations that serve out-of-school youth;
</text>
</clause>
</subparagraph>
<subparagraph id="id19343a4a-e13e-4bfa-be63-f1101a902723">
<enum>
(C)
</enum>
<text>
each local board shall include representatives of entities administering education and training
activities in the local area, who—
</text>
<clause id="idf59dadd4-2b60-4331-8bc6-b8aa9c8d647f">
<enum>
(i)
</enum>
<text>
shall include a representative of eligible providers administering adult education and literacy
activities under title II;
</text>
</clause>
<clause id="id98c16f84-47b3-4cad-9c3f-f96df0889dcf">
<enum>
(ii)
</enum>
<text>
shall include a representative of institutions of higher education providing workforce investment
activities (including community colleges);
</text>
</clause>
<clause id="id8d732e93-a310-4e9e-aa1e-a9e74812a983">
<enum>
(iii)
</enum>
<text>
may include representatives of local educational agencies, and of community-based organizations
with demonstrated experience and expertise in addressing the education or
training needs of individuals with barriers to employment;
</text>
</clause>
</subparagraph>
<subparagraph id="id80dc7499-f32b-49f0-aa40-599f8def459e">
<enum>
(D)
</enum>
<text>
each local board shall include representatives of governmental and economic and community
development entities serving the local area, who—
</text>
<clause id="id91c9d15e-f7fc-4025-84f6-7e898fb095f2">
<enum>
(i)
</enum>
<text>
shall include a representative of economic and community development entities;
</text>
</clause>
<clause id="id19ec491b-5671-4a4c-86d3-053ac7150351">
<enum>
(ii)
</enum>
<text>
shall include an appropriate representative from the State employment service office under the
Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) serving the local area;
</text>
</clause>
<clause id="id18ba6db1-0d75-455f-9b1e-4b11f2fbb1fd">
<enum>
(iii)
</enum>
<text>
shall include an appropriate representative of the programs carried out under title I of the
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
), other than section 112
or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741), serving the local area;
</text>
</clause>
<clause id="id8b16f9f7-2c0f-46b9-9b36-0be118e6037f">
<enum>
(iv)
</enum>
<text>
may include representatives of agencies or entities administering programs serving the local area
relating to transportation, housing, and public assistance; and
</text>
</clause>
<clause id="id5c9ccfef-42ca-44da-b6eb-7b72a7869eb0">
<enum>
(v)
</enum>
<text>
may include representatives of philanthropic organizations serving the local area; and
</text>
</clause>
</subparagraph>
<subparagraph id="id1b7379fe-69d4-469a-86ce-16f5191c7f33">
<enum>
(E)
</enum>
<text>
each local board may include such other individuals or representatives of entities as the chief
elected official in the local area may determine to be appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="id225ba98c-fd7e-4618-b550-a7d50df4f917">
<enum>
(3)
</enum>
<header>
Chairperson
</header>
<text>
The members of the local board shall elect a chairperson for the local board from among the
representatives described in paragraph (2)(A).
</text>
</paragraph>
<paragraph id="id0585e3eb-03ad-44f9-8583-67d99de41a46">
<enum>
(4)
</enum>
<header>
Standing committees
</header>
<subparagraph id="id6de43a35-d5e0-4891-b799-480b89998234">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The local board may designate and direct the activities of standing committees to provide
information and to assist the local board in carrying out activities under
this section. Such standing committees shall be chaired by a member of the
local board, may include other members of the local board, and shall
include other individuals appointed by the local board who are not members
of the local board and who the local board determines have appropriate
experience and expertise. At a minimum, the local board may designate
each of the following:
</text>
<clause id="id9951f1f1-3683-4166-9dae-543e8379d9bc">
<enum>
(i)
</enum>
<text>
A standing committee to provide information and assist with operational and other issues relating
to the one-stop delivery system, which may include as members
representatives of the one-stop partners.
</text>
</clause>
<clause id="id0199e8cc-8dcc-4c59-948b-3b632c80f67c">
<enum>
(ii)
</enum>
<text>
A standing committee to provide information and to assist with planning, operational, and other
issues relating to the provision of services to youth, which shall include
community-based organizations with a demonstrated record of success in
serving eligible youth.
</text>
</clause>
<clause id="idafd90f55-ef33-48fb-bfa4-8a776a9a6115">
<enum>
(iii)
</enum>
<text>
A standing committee to provide information and to assist with operational and other issues
relating to the provision of services to individuals with disabilities,
including issues relating to compliance with section 188, if applicable,
and applicable
provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.) regarding providing programmatic and physical access to the
services, programs, and activities of the one-stop delivery system, as
well as appropriate training for staff on providing supports for or
accommodations to, and finding employment opportunities for, individuals
with disabilities.
</text>
</clause>
</subparagraph>
<subparagraph id="idb97c7e23-c89d-4eab-8486-0eef475b669e">
<enum>
(B)
</enum>
<header>
Additional committees
</header>
<text>
The local board may designate standing committees in addition to the standing committees specified
in subparagraph (A).
</text>
</subparagraph>
<subparagraph id="idb9fd5b56-8abe-4a49-aa25-b56f998732a8">
<enum>
(C)
</enum>
<header>
Designation of entity
</header>
<text>
Nothing in this paragraph shall be construed to prohibit the designation of an existing (as of the
date of enactment of this Act) entity, such as an effective youth council,
to fulfill the requirements of this paragraph as long as the entity meets
the requirements of this paragraph.
</text>
</subparagraph>
</paragraph>
<paragraph id="id8c9eb178-fff6-4dcc-b62e-1d95fe52de87">
<enum>
(5)
</enum>
<header>
Authority of board members
</header>
<text>
Members of the board that represent organizations, agencies, or other entities shall be individuals
with optimum policymaking authority within the organizations, agencies, or
entities. The members of the board shall represent diverse geographic
areas within the local area.
</text>
</paragraph>
<paragraph id="id6a1765e1-880b-4c73-9328-dbd520e5b15a">
<enum>
(6)
</enum>
<header>
Special rule
</header>
<text>
If there are multiple eligible providers serving the local area by administering adult education
and literacy activities under title II, or multiple institutions of
higher education serving the local area by providing workforce investment
activities, each representative on the local board described in clause (i)
or (ii) of paragraph (2)(C), respectively, shall be appointed from among
individuals nominated by local providers representing such providers or
institutions, respectively.
</text>
</paragraph>
</subsection>
<subsection id="idbb2adc79-c0fa-4b81-b443-68b87a2e4df9">
<enum>
(c)
</enum>
<header>
Appointment and certification of board
</header>
<paragraph id="id7fa5448c-ec4a-4103-a72a-d93cbd3f54ee">
<enum>
(1)
</enum>
<header>
Appointment of board members and assignment of responsibilities
</header>
<subparagraph id="id947b0fdd-2b03-45ad-9b19-f2d221dcaecc">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The chief elected official in a local area is authorized to appoint the members of the local board
for such area, in accordance with the State criteria established under
subsection (b).
</text>
</subparagraph>
<subparagraph id="idb741731e-8eeb-4483-822e-ad756a5050a3">
<enum>
(B)
</enum>
<header>
Multiple units of local government in area
</header>
<clause id="id36c6a5ab-08a4-40d9-8e15-40e2515ac540">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
In a case in which a local area includes more than 1 unit of general local government, the chief
elected officials of such units may execute an agreement that specifies
the respective roles of the individual chief elected officials—
</text>
<subclause id="idcf7db5be-123d-46c9-acc8-380a724b2d11">
<enum>
(I)
</enum>
<text>
in the appointment of the members of the local board from the individuals nominated or recommended
to be such members in accordance with the criteria established under
subsection (b); and
</text>
</subclause>
<subclause id="idcb7aec30-f904-4d8f-9336-be89cbf503cb">
<enum>
(II)
</enum>
<text>
in carrying out any other responsibilities assigned to such officials under this title.
</text>
</subclause>
</clause>
<clause id="idac3d00d1-d7dd-4bf8-af14-3f1334783909">
<enum>
(ii)
</enum>
<header>
Lack of agreement
</header>
<text>
If, after a reasonable effort, the chief elected officials are unable to reach agreement as
provided under clause (i), the Governor may appoint the members of the
local board from individuals so nominated or recommended.
</text>
</clause>
</subparagraph>
<subparagraph id="iddda6a7a9-ed48-4af9-b002-756aba5ee7f4">
<enum>
(C)
</enum>
<header>
Concentrated employment programs
</header>
<text>
In the case of an area that was designated as a local area in accordance with section 116(a)(2)(B)
of the Workforce Investment Act of 1998 (as in effect on the day before
the date of enactment of this Act), and that remains a local area on that
date, the governing body of the concentrated employment program involved
shall act in consultation with the chief elected official in the local
area to appoint members of the local board, in accordance with the State
criteria established under subsection (b), and to carry out any other
responsibility relating to workforce investment activities assigned to
such official under this Act.
</text>
</subparagraph>
</paragraph>
<paragraph id="ide88080cf-1571-4344-a2ab-06ce725b7d02">
<enum>
(2)
</enum>
<header>
Certification
</header>
<subparagraph id="id34d550b1-4e96-4501-ad74-e8bf8642af3f">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The Governor shall, once every 2 years, certify 1 local board for each local area in the State.
</text>
</subparagraph>
<subparagraph id="idc9fa2544-20d3-4fac-970c-e9ac6f2530ae">
<enum>
(B)
</enum>
<header>
Criteria
</header>
<text>
Such certification shall be based on criteria established under subsection (b), and for a second or
subsequent certification, the extent to which the local board has ensured
that workforce investment activities carried out in the local area have
enabled the local area to meet the corresponding performance
accountability measures and achieve sustained fiscal integrity, as defined
in section 106(e)(2).
</text>
</subparagraph>
<subparagraph id="idf8b66536-59b0-4ed1-9916-4e10b204ac05">
<enum>
(C)
</enum>
<header>
Failure to achieve certification
</header>
<text>
Failure of a local board to achieve certification shall result in appointment and certification of
a new local board for the local area pursuant to the process described in
paragraph (1) and this paragraph.
</text>
</subparagraph>
</paragraph>
<paragraph id="idb1a9ea3b-8a9c-4f7d-97a4-048567fcfc82">
<enum>
(3)
</enum>
<header>
Decertification
</header>
<subparagraph id="idbb4b1ec2-110b-4516-a0b4-7ad88844578c">
<enum>
(A)
</enum>
<header>
Fraud, abuse, failure to carry out functions
</header>
<text>
Notwithstanding paragraph (2), the Governor shall have the authority to decertify a local board at
any time after providing notice and an opportunity for comment, for—
</text>
<clause id="id52f96ddc-c359-4f5d-9304-ff0e7c228539">
<enum>
(i)
</enum>
<text>
fraud or abuse; or
</text>
</clause>
<clause id="id3dde909c-c2cc-4826-b210-2eaed7fb3a6f">
<enum>
(ii)
</enum>
<text>
failure to carry out the functions specified for the local board in subsection (d).
</text>
</clause>
</subparagraph>
<subparagraph id="id36a9fbfd-ac72-4bf3-8fa4-7204773a5eb4">
<enum>
(B)
</enum>
<header>
Nonperformance
</header>
<text>
Notwithstanding paragraph (2), the Governor may decertify a local board if a local area fails to
meet the local performance accountability measures for such local area in
accordance with section 116(c) for 2 consecutive program years.
</text>
</subparagraph>
<subparagraph id="id7d231183-2c4a-4bc3-8719-f688298ccf4c">
<enum>
(C)
</enum>
<header>
Reorganization plan
</header>
<text>
If the Governor decertifies a local board for a local area under subparagraph (A) or (B), the
Governor may require that a new local board be appointed and certified for
the local area pursuant to a reorganization plan developed by the
Governor, in consultation with the chief elected official in the local
area and in accordance with the criteria established under subsection (b).
</text>
</subparagraph>
</paragraph>
<paragraph id="id28f062c1-331b-43c6-90d1-ff6fd1e95de7">
<enum>
(4)
</enum>
<header>
Single state local area
</header>
<subparagraph id="idf38db58e-fdba-485f-ac88-190c70b33782">
<enum>
(A)
</enum>
<header>
State board
</header>
<text>
Notwithstanding subsection (b) and paragraphs (1) and (2), if a State described in section 106(d)
indicates in the State plan that the State will be treated as a single
State local area, for purposes of the application of this Act or the
provisions authorizing a core program, the State board shall carry out any
of the functions of a local board under this Act or the provisions
authorizing a core program, including the functions described in
subsection (d).
</text>
</subparagraph>
<subparagraph commented="no" id="id09cb65f4-39f7-4f5e-a722-172a5a5f7bd8">
<enum>
(B)
</enum>
<header>
References
</header>
<clause commented="no" id="id76eb8548-5c71-4e1a-819b-478cfbf98a85">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
Except as provided in clauses (ii) and (iii), with respect to such a State, a reference in this Act
or a core program provision to a local board shall be considered to be a
reference to the State board, and a reference in the Act or provision to a
local area or region shall be considered to be a reference to the State.
</text>
</clause>
<clause commented="no" id="id888cbb99-4509-471d-9644-dd03ed6c8408">
<enum>
(ii)
</enum>
<header>
Plans
</header>
<text>
The State board shall prepare a local plan under section 108 for the State, and submit the plan for
approval as part of the State plan.
</text>
</clause>
<clause commented="no" id="id4651021f-a024-46e8-981b-65df485fc378">
<enum>
(iii)
</enum>
<header>
Performance accountability measures
</header>
<text>
The State shall not be required to meet and report on a set of local performance accountability
measures.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="id09dfcdd5-9bee-486f-ab59-98d57537d22b">
<enum>
(d)
</enum>
<header>
Functions of local board
</header>
<text>
Consistent with section 108, the functions of the local board shall include the following:
</text>
<paragraph id="id947fd59c-f2a2-4514-895e-ece5286d042b">
<enum>
(1)
</enum>
<header>
Local plan
</header>
<text>
The local board, in partnership with the chief elected official for the local area involved, shall
develop and submit a local plan to the Governor that meets the
requirements in section 108. If the local area is part of a planning
region that includes other local areas, the local board shall collaborate
with the other local boards and chief elected officials from such other
local areas in the preparation and submission of a regional plan as
described in section 106(c)(2).
</text>
</paragraph>
<paragraph id="id04e2fa07-2230-4099-ad1f-a1101d596490">
<enum>
(2)
</enum>
<header>
Workforce research and regional labor market analysis
</header>
<text>
In order to assist in the development and implementation of the local plan, the local board shall—
</text>
<subparagraph id="idb285a331-f9f6-4cf7-aa3b-d9bc53565756">
<enum>
(A)
</enum>
<text>
carry out analyses of the economic conditions in the region, the needed knowledge and skills for
the region, the workforce in the region, and workforce development
activities (including education and training) in the region described in
section 108(b)(1)(D), and regularly update such information;
</text>
</subparagraph>
<subparagraph id="id3fc4d0cb-1599-48af-b276-440a50127906">
<enum>
(B)
</enum>
<text>
assist the Governor in developing the statewide workforce and labor market information system
described in section 15(e) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(e)
</external-xref>
),
specifically in the collection, analysis, and utilization of workforce and
labor market information for the region; and
</text>
</subparagraph>
<subparagraph id="id1e9fb41f-0b25-45f3-9405-4036cf70b819">
<enum>
(C)
</enum>
<text>
conduct such other research, data collection, and analysis related to the workforce needs of the
regional economy as the board, after receiving input from a wide array of
stakeholders, determines to be necessary to carry out its functions.
</text>
</subparagraph>
</paragraph>
<paragraph id="id67b41355-1c22-4efe-b1c1-53ebec6e66d9">
<enum>
(3)
</enum>
<header>
Convening, brokering, leveraging
</header>
<text>
The local board shall convene local workforce development system stakeholders to assist in the
development of the local plan under section 108 and in identifying
non-Federal expertise and resources to leverage support for workforce
development activities. The local board, including standing committees,
may engage such stakeholders in carrying out the functions described in
this subsection.
</text>
</paragraph>
<paragraph id="id9d4da4c2-bcae-486f-a992-6be681f36de9">
<enum>
(4)
</enum>
<header>
Employer engagement
</header>
<text>
The local board shall lead efforts to engage with a diverse range of employers and with entities in
the region involved—
</text>
<subparagraph id="id7b0849b2-0ba2-4b9c-b1a1-db440a959b7c">
<enum>
(A)
</enum>
<text>
to promote business representation (particularly representatives with optimal policymaking or
hiring authority from employers whose employment opportunities reflect
existing and emerging employment opportunities in the region) on the local
board;
</text>
</subparagraph>
<subparagraph id="id7cd97762-e189-4554-9eb2-5ba1b2c2ab33">
<enum>
(B)
</enum>
<text>
to develop effective linkages (including the use of intermediaries) with employers in the region to
support employer utilization of the local workforce development system and
to support local workforce investment activities;
</text>
</subparagraph>
<subparagraph id="id74ba1356-7e3c-413d-9ec6-9a166388399d">
<enum>
(C)
</enum>
<text>
to ensure that workforce investment activities meet the needs of employers and support economic
growth in the region, by enhancing communication, coordination, and
collaboration among employers, economic development entities, and service
providers; and
</text>
</subparagraph>
<subparagraph id="id332f55d2-c4dc-4aa3-a424-db4b1e6627f4">
<enum>
(D)
</enum>
<text>
to develop and implement proven or promising strategies for meeting the employment and skill needs
of workers and employers (such as the establishment of industry and sector
partnerships), that provide the skilled workforce needed by employers in
the region, and that expand employment and career advancement
opportunities for workforce development system participants in in-demand
industry sectors or occupations.
</text>
</subparagraph>
</paragraph>
<paragraph id="id8fd8b7ae-f5d7-4f31-b8de-891712d96a2c">
<enum>
(5)
</enum>
<header>
Career pathways development
</header>
<text>
The local board, with representatives of secondary and postsecondary education programs, shall lead
efforts in the local area to develop and implement career pathways within
the local area by aligning the employment, training, education, and
supportive services that are needed by adults and youth, particularly
individuals with barriers to employment.
</text>
</paragraph>
<paragraph id="id07fdf12a-9393-4e65-9992-73f6616c5d7c">
<enum>
(6)
</enum>
<header>
Proven and promising practices
</header>
<text>
The local board shall lead efforts in the local area to—
</text>
<subparagraph id="idb6e57de6-f379-4336-bf2e-60e875e23daa">
<enum>
(A)
</enum>
<text>
identify and promote proven and promising strategies and initiatives for meeting the needs of
employers, and workers and jobseekers (including individuals with barriers
to employment) in the local workforce development system, including
providing physical and programmatic accessibility, in accordance with
section 188, if applicable, and applicable provisions of the Americans
with Disabilities
Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12101">
42 U.S.C. 12101 et seq.
</external-xref>
), to the one-stop delivery system;
and
</text>
</subparagraph>
<subparagraph id="id401f4499-e197-4bb0-82c6-4370a753e05f">
<enum>
(B)
</enum>
<text>
identify and disseminate information on proven and promising practices carried out in other local
areas for meeting such needs.
</text>
</subparagraph>
</paragraph>
<paragraph id="idd14f97ad-1fe4-4e7c-a306-adc30f196c4c">
<enum>
(7)
</enum>
<header>
Technology
</header>
<text>
The local board shall develop strategies for using technology to maximize the accessibility and
effectiveness of the local workforce development system for employers,
and workers and jobseekers, by—
</text>
<subparagraph id="id0b36bc73-a73a-4238-b984-41370a51fec1">
<enum>
(A)
</enum>
<text>
facilitating connections among the intake and case management information systems of the one-stop
partner programs to support a comprehensive workforce development system
in the local area;
</text>
</subparagraph>
<subparagraph id="idc8843028-49fc-487c-8bbe-41c961550e93">
<enum>
(B)
</enum>
<text>
facilitating access to services provided through the one-stop delivery system involved, including
facilitating the access in remote areas;
</text>
</subparagraph>
<subparagraph id="idba2ffaf0-edf4-41c2-a7aa-229ab78aa16f">
<enum>
(C)
</enum>
<text>
identifying strategies for better meeting the needs of individuals with barriers to employment,
including strategies that augment traditional service delivery, and
increase access to services and programs of the one-stop delivery system,
such as improving digital literacy skills; and
</text>
</subparagraph>
<subparagraph id="idf3adf41d-6814-481d-b451-f88845cecc42">
<enum>
(D)
</enum>
<text>
leveraging resources and capacity within the local workforce development system, including
resources and capacity for services for individuals with barriers to
employment.
</text>
</subparagraph>
</paragraph>
<paragraph id="idccda6534-1459-465c-9e91-6c682de151eb">
<enum>
(8)
</enum>
<header>
Program oversight
</header>
<text>
The local board, in partnership with the chief elected official for the local area, shall—
</text>
<subparagraph id="id2016b84b-3fb6-4251-9481-c3f3891ab5bb">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="id21528bb2-9a62-499a-833f-7100f9654413">
<enum>
(i)
</enum>
<text>
conduct oversight for local youth workforce investment activities authorized under section 129(c),
local employment and training activities authorized under subsections (c)
and (d) of section 134, and
the one-stop delivery system in the local area; and
</text>
</clause>
<clause changed="added" id="id7b79d100-d24e-4689-8881-75dddc9b919d" indent="up1" reported-display-style="italic">
<enum>
(ii)
</enum>
<text>
ensure the appropriate use and management of the funds provided under subtitle B
for
the activities and system described in clause (i); and
</text>
</clause>
</subparagraph>
<subparagraph id="idd732e8b8-5a58-4f30-9e1c-08e8e78a175c">
<enum>
(B)
</enum>
<text>
for workforce development activities, ensure the appropriate use, management, and investment of
funds to maximize performance outcomes under section 116.
</text>
</subparagraph>
</paragraph>
<paragraph id="id9209c90c-e52e-4562-a431-c7ff48a98725">
<enum>
(9)
</enum>
<header>
Negotiation of local performance accountability measures
</header>
<text>
The local board, the chief elected official, and the Governor shall negotiate and reach agreement
on local performance accountability measures as described in section
116(c).
</text>
</paragraph>
<paragraph id="idda42e264-4898-4851-8dcb-a2157ba81343">
<enum>
(10)
</enum>
<header>
Selection of operators and providers
</header>
<subparagraph id="id435f196e-e37a-4b88-8195-cddac4ac08bf">
<enum>
(A)
</enum>
<header>
Selection of one-stop operators
</header>
<text>
Consistent with section 121(d), the local board, with the agreement of the chief elected official
for the local area—
</text>
<clause id="ida53bbf1f-db0f-4fc4-b32f-9bad5f1f6551">
<enum>
(i)
</enum>
<text>
shall designate or certify one-stop operators as described in section 121(d)(2)(A); and
</text>
</clause>
<clause id="id7585db08-5324-4432-bb1d-3778ad929dfb">
<enum>
(ii)
</enum>
<text>
may terminate for cause the eligibility of such operators.
</text>
</clause>
</subparagraph>
<subparagraph id="id6bda7506-6d94-4783-b58e-af5320740102">
<enum>
(B)
</enum>
<header>
Selection of youth providers
</header>
<text>
Consistent with section 123, the local board—
</text>
<clause id="idc45094aa-5975-48b9-a421-382c2c250643">
<enum>
(i)
</enum>
<text>
shall identify eligible providers of youth workforce investment activities in the local area by
awarding grants or contracts on a competitive basis (except as provided in
section 123(b)), based on the recommendations of the youth standing
committee, if such a committee is established for the local area under
subsection (b)(4); and
</text>
</clause>
<clause id="ida6f6b5d4-95f5-4f47-b843-a455fc6e61e1">
<enum>
(ii)
</enum>
<text>
may terminate for cause the eligibility of such providers.
</text>
</clause>
</subparagraph>
<subparagraph id="id8e0ab9a9-ad2e-46bc-ac71-7b291e30c920">
<enum>
(C)
</enum>
<header>
Identification of eligible providers of training services
</header>
<text>
Consistent with section 122, the local board shall identify eligible providers of training services
in the local area.
</text>
</subparagraph>
<subparagraph id="idc85d0747-7329-41ae-9e72-5fcb69236b5c">
<enum>
(D)
</enum>
<header>
Identification of eligible providers of career services
</header>
<text>
If the one-stop operator does not provide career services described in section 134(c)(2) in a
local area, the local board shall identify eligible providers of those
career services in the local area by awarding contracts.
</text>
</subparagraph>
<subparagraph id="id2106ea71-b3a3-4ef4-9626-c8e9b9b54454">
<enum>
(E)
</enum>
<header>
Consumer choice requirements
</header>
<text>
Consistent with section 122 and paragraphs (2) and (3) of section 134(c), the local board shall
work with the State to ensure there are sufficient numbers and types of
providers of career services and training services (including eligible
providers with expertise in assisting individuals with disabilities and
eligible providers with expertise in assisting adults in need of adult
education and literacy activities) serving the local area and providing
the services involved in a manner that maximizes consumer choice, as well
as providing opportunities that lead to competitive integrated employment
for individuals with disabilities.
</text>
</subparagraph>
</paragraph>
<paragraph id="id174a9d65-a35d-4766-a587-fca7474a23ed">
<enum>
(11)
</enum>
<header>
Coordination with education providers
</header>
<subparagraph id="id76f8bdda-cc7a-40bd-ad12-2bef63f38ca7">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The local board shall coordinate activities with education and training providers in the local
area, including providers of workforce investment activities, providers of
adult education and literacy activities under title II, providers of
career and technical education (as defined in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2302">
20 U.S.C. 2302
</external-xref>
)) and
local agencies administering plans under title I of the Rehabilitation Act
of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
), other than section 112 or part C of that
title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741).
</text>
</subparagraph>
<subparagraph id="id8401d03e-937d-43d5-afcc-77b39d26539e">
<enum>
(B)
</enum>
<header>
Applications and agreements
</header>
<text>
The coordination described in subparagraph (A) shall include—
</text>
<clause commented="no" id="idcea27cf7-0a81-41c7-b01c-90183c07236c">
<enum>
(i)
</enum>
<text>
consistent with section 232—
</text>
<subclause commented="no" id="id0fd5e57a-06cd-4fd7-9004-90eb253983f2">
<enum>
(I)
</enum>
<text>
reviewing the applications to provide adult education and literacy activities under title II for
the local area, submitted under such section to the eligible agency by
eligible providers, to determine whether such applications are consistent
with the local plan; and
</text>
</subclause>
<subclause commented="no" id="idfceae2a2-7c9f-428a-be1d-dcb3af9a8c38">
<enum>
(II)
</enum>
<text>
making recommendations to the eligible agency to promote alignment with such plan; and
</text>
</subclause>
</clause>
<clause id="idcd6c4143-86aa-4bbe-91ec-18b6c08d144f">
<enum>
(ii)
</enum>
<text>
replicating cooperative agreements in accordance with subparagraph (B) of section 101(a)(11) of the
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(a)(11)
</external-xref>
), and implementing
cooperative agreements in accordance with that section with the local
agencies administering plans under title I of that Act (29 U.S.C. 720 et
seq.) (other than section 112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741)
and subject to section 121(f)), with respect to efforts that will enhance
the provision of services to individuals with disabilities and other
individuals, such as cross training of staff, technical assistance, use
and sharing of information, cooperative efforts with employers, and other
efforts at cooperation, collaboration, and coordination.
</text>
</clause>
</subparagraph>
<subparagraph id="id4f066420-4d12-4793-899b-6d679304dcdc">
<enum>
(C)
</enum>
<header>
Cooperative agreement
</header>
<text>
In this paragraph, the term
<quote>
cooperative agreement
</quote>
means an agreement entered into by a State designated agency or State designated unit under
subparagraph (A) of section 101(a)(11) of the Rehabilitation Act of 1973.
</text>
</subparagraph>
</paragraph>
<paragraph id="id5aac0826-04f1-420e-9292-7f10686b5720">
<enum>
(12)
</enum>
<header>
Budget and administration
</header>
<subparagraph id="ide3b76918-0f02-4ae6-aefa-3e9f78fd3c98">
<enum>
(A)
</enum>
<header>
Budget
</header>
<text>
The local board shall develop a budget for the activities of the local board in the local area,
consistent with the local plan and the duties of the local board under
this section, subject to the approval of the chief elected official.
</text>
</subparagraph>
<subparagraph id="idda932088-8b01-4e22-b00d-4038eee4162a">
<enum>
(B)
</enum>
<header>
Administration
</header>
<clause id="id8d73664d-9b03-4fc8-be7e-4764e90e203f">
<enum>
(i)
</enum>
<header>
Grant recipient
</header>
<subclause id="id436220a6-2528-4eab-8a3d-5321f09cb74d">
<enum>
(I)
</enum>
<header>
In general
</header>
<text>
The chief elected official in a local area shall serve as the local grant recipient for, and shall
be liable for any misuse of, the grant funds allocated to the local area
under sections 128 and 133, unless the chief elected official reaches an
agreement with the Governor for the Governor to act as the local grant
recipient and bear such liability.
</text>
</subclause>
<subclause id="iddf32d8f6-5435-4e3e-8a47-e8910ee806fc">
<enum>
(II)
</enum>
<header>
Designation
</header>
<text>
In order to assist in administration of the grant funds, the chief elected official or the
Governor, where the Governor serves as the local grant recipient for a
local area, may designate an entity to serve as a local grant subrecipient
for such funds or as a local fiscal agent. Such designation shall not
relieve the chief elected official or the Governor of the liability for
any misuse of grant funds as described in subclause (I).
</text>
</subclause>
<subclause id="idb2331cff-e6ab-4bc8-beb9-3ea9a6ec63fc">
<enum>
(III)
</enum>
<header>
Disbursal
</header>
<text>
The local grant recipient or an entity designated under subclause (II) shall disburse the grant
funds for workforce investment activities at the direction of the local
board, pursuant to the requirements of this title. The local
grant recipient or entity designated under subclause (II) shall disburse
the funds immediately on receiving such direction from the local board.
</text>
</subclause>
</clause>
<clause id="id6a3c54c3-4700-47be-96b5-6dea1dbed180">
<enum>
(ii)
</enum>
<header>
Grants and donations
</header>
<text>
The local board may solicit and accept grants and donations from sources other than Federal funds
made available under this Act.
</text>
</clause>
<clause id="id479b2b85-9a73-47c5-a8af-0f9c067803d5">
<enum>
(iii)
</enum>
<header>
Tax-exempt status
</header>
<text>
For purposes of carrying out duties under this Act, local boards may incorporate, and may operate
as entities described in section 501(c)(3) of the Internal Revenue Code of
1986 that are exempt from taxation under section 501(a) of such Code.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id019d074b-81c1-4980-9624-be3bcbf33846">
<enum>
(13)
</enum>
<header>
Accessibility for individuals with disabilities
</header>
<text>
The local board shall annually assess the physical and programmatic accessibility, in accordance
with section 188, if applicable, and applicable provisions of the
Americans with
Disabilities Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12101">
42 U.S.C. 12101 et seq.
</external-xref>
), of all one-stop
centers in the local area.
</text>
</paragraph>
</subsection>
<subsection id="ida5df21f5-52ad-46a0-a559-831452e60c87">
<enum>
(e)
</enum>
<header>
Sunshine provision
</header>
<text>
The local board shall make available to the public, on a regular basis through electronic means and
open meetings, information regarding the activities of the local board,
including information regarding the local plan prior to submission of the
plan, and regarding membership, the designation and certification of
one-stop operators, and the award of grants or contracts to eligible
providers of youth workforce investment activities, and on request,
minutes of formal meetings of the local board.
</text>
</subsection>
<subsection id="ida17eeb15-fcea-4663-bfcb-bcf076337c3d">
<enum>
(f)
</enum>
<header>
Staff
</header>
<paragraph id="idba66e5e1-6f9d-453c-83f4-3dbd24a861ef">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The local board may hire a director and other staff to assist in carrying out the functions
described in subsection (d) using funds available under sections 128(b)
and 133(b) as
described in section 128(b)(4).
</text>
</paragraph>
<paragraph id="idEF753B4E26D945A691C21210275F4C32">
<enum>
(2)
</enum>
<header>
Qualifications
</header>
<text>
The local board shall establish and apply a
set of objective qualifications for the position of director, that ensures
that the individual selected has the requisite
knowledge, skills, and abilities, to meet identified benchmarks and to
assist in
effectively carrying out the functions of the local board.
</text>
</paragraph>
<paragraph id="id44bebf44-b031-4da4-a439-3af55cf34173">
<enum>
(3)
</enum>
<header>
Limitation on rate
</header>
<text>
The director and staff described in paragraph (1) shall be subject to the limitations on the
payment of salaries and bonuses described in section 194(15).
</text>
</paragraph>
</subsection>
<subsection id="id59328b24-61bb-4409-ae80-afce3b8874d5">
<enum>
(g)
</enum>
<header>
Limitations
</header>
<paragraph id="id4a31a54f-14b5-48a4-94c0-59812e6b2d23">
<enum>
(1)
</enum>
<header>
Training services
</header>
<subparagraph id="id3ff010c9-aacd-4bec-81a9-2974caf4e10f">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Except as provided in subparagraph (B), no local board may provide training services.
</text>
</subparagraph>
<subparagraph id="ida4e2ba03-4855-4d67-b502-e366fe5db654">
<enum>
(B)
</enum>
<header>
Waivers of training prohibition
</header>
<text>
The Governor of the State in which a local board is located may, pursuant to a request from the
local board, grant a written waiver of the prohibition set forth in
subparagraph (A) (relating to the provision of training services) for a
program of training services, if the local board—
</text>
<clause id="id5076ddd0-08cd-4b61-a520-5925e376d91a">
<enum>
(i)
</enum>
<text>
submits to the Governor a proposed request for the waiver that includes—
</text>
<subclause id="iddf6814ec-05a6-449c-8431-bf7f78f5095b">
<enum>
(I)
</enum>
<text>
satisfactory evidence that there is an insufficient number of eligible providers of such a program
of training services to meet local demand in the local area;
</text>
</subclause>
<subclause id="idd3c3e02a-5c75-44c1-b9b7-fdbcd75bcafa">
<enum>
(II)
</enum>
<text>
information demonstrating that the board meets the requirements for an eligible provider of
training services under section 122; and
</text>
</subclause>
<subclause id="iddea52df3-9033-4cb5-89e5-663191683284">
<enum>
(III)
</enum>
<text>
information demonstrating that the program of training services prepares participants for an
in-demand industry sector or occupation in the local area;
</text>
</subclause>
</clause>
<clause id="idb3f86d4c-e16c-4915-bce7-27e6f7590acb">
<enum>
(ii)
</enum>
<text>
makes the proposed request available to eligible providers of training services and other
interested members of the public for a public comment period of not less
than 30 days; and
</text>
</clause>
<clause id="id38f7fca0-6660-4b88-bae3-2e547a966ba7">
<enum>
(iii)
</enum>
<text>
includes, in the final request for the waiver, the evidence and information described in clause (i)
and the comments received pursuant to clause (ii).
</text>
</clause>
</subparagraph>
<subparagraph id="idf1d46c5a-8170-4be1-ba6a-c853ee60cfa1">
<enum>
(C)
</enum>
<header>
Duration
</header>
<text>
A waiver granted to a local board under subparagraph (B) shall apply for a period that shall not
exceed the duration of the local plan. The waiver may be renewed for
additional periods under subsequent local plans, not to exceed the
durations of such subsequent plans, pursuant to requests from the local
board, if the board meets the requirements of subparagraph (B) in making
the requests.
</text>
</subparagraph>
<subparagraph id="id8c0bc094-ddb3-4523-804a-272cc6063c3b">
<enum>
(D)
</enum>
<header>
Revocation
</header>
<text>
The Governor shall have the authority to revoke the waiver during the appropriate period described
in subparagraph (C) if the Governor determines the waiver is no longer
needed or that the local board involved has engaged in a pattern of
inappropriate referrals to training services operated by the local board.
</text>
</subparagraph>
</paragraph>
<paragraph id="idd6da6d26-24eb-4ac6-8cc1-d6cf2ee21530">
<enum>
(2)
</enum>
<header>
Career services; designation or certification as one-stop operators
</header>
<text>
A local board may provide career services described in section 134(c)(2) through a one-stop
delivery system or be
designated or certified as a one-stop operator only with the agreement of
the chief elected official in the local area and the Governor.
</text>
</paragraph>
<paragraph id="idbeef27af-a95b-4b3f-8833-8eef2b3f91a0">
<enum>
(3)
</enum>
<header>
Limitation on authority
</header>
<text>
Nothing in this Act shall be construed to provide a local board with the authority to mandate
curricula for schools.
</text>
</paragraph>
</subsection>
<subsection id="id86dce760-1d48-4736-ae45-a30e85879425">
<enum>
(h)
</enum>
<header>
Conflict of interest
</header>
<text>
A member of a local board, or a member of a standing committee, may not—
</text>
<paragraph id="id642ba338-a26d-4b25-a978-a7cd8999fbc0">
<enum>
(1)
</enum>
<text>
vote on a matter under consideration by the local board—
</text>
<subparagraph id="idfa66bb06-1e7a-4eb9-aa6c-85d339fe3fd0">
<enum>
(A)
</enum>
<text>
regarding the provision of services by such member (or by an entity that such member represents);
or
</text>
</subparagraph>
<subparagraph id="iddeffd821-f38b-4901-bdf1-1ea1c3e6a74a">
<enum>
(B)
</enum>
<text>
that would provide direct financial benefit to such member or the immediate family of such member;
or
</text>
</subparagraph>
</paragraph>
<paragraph id="id69a792b5-c79c-4358-8899-d215d0c33ca9">
<enum>
(2)
</enum>
<text>
engage in any other activity determined by the Governor to constitute a conflict of interest as
specified in the State plan.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="idee46c972-cf8e-4fbc-bcaf-b73b29953741">
<enum>
(i)
</enum>
<header>
Alternative entity
</header>
<paragraph commented="no" id="id4d760fba-8ae5-4650-b8d8-cc427fc5df50">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
For purposes of complying with subsections (a), (b), and (c), a State may use any local entity
(including a local council, regional workforce development board, or
similar entity) that—
</text>
<subparagraph commented="no" id="idf8f17db0-0c96-4a9b-b8c2-7f5401de172b">
<enum>
(A)
</enum>
<text>
is established to serve the local area (or the service delivery area that most closely corresponds
to the local area);
</text>
</subparagraph>
<subparagraph commented="no" id="id5526fc02-c4b2-4f35-b777-c4afd3a2affb">
<enum>
(B)
</enum>
<text>
was in existence on the day before the date of enactment of this Act, pursuant to State law; and
</text>
</subparagraph>
<subparagraph commented="no" id="id349fc009-6efe-4b92-9219-9ae6af01514d">
<enum>
(C)
</enum>
<text>
includes—
</text>
<clause commented="no" id="id44cfbf10-b92d-4458-9909-0af4b31f0fa0">
<enum>
(i)
</enum>
<text>
representatives of business in the local area; and
</text>
</clause>
<clause commented="no" id="idafadfbb8-19b1-4f66-b742-a72ed7797fb4">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="idf946cd50-0be0-4065-84db-e26242fa9ba3">
<enum>
(I)
</enum>
<text>
representatives of labor organizations (for a local area in which employees are represented by
labor organizations), nominated by local labor federations; or
</text>
</subclause>
<subclause changed="added" commented="no" id="id5c116273-d4d2-40b2-bb19-99d3e4a7cecc" indent="up1" reported-display-style="italic">
<enum>
(II)
</enum>
<text>
other representatives of employees in the local area (for a local area in which no employees are
represented by such organizations).
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="id93489778-f4f7-4858-875e-febc66157ba7">
<enum>
(2)
</enum>
<header>
References
</header>
<text>
A reference in this Act or a core program provision to a local board, shall include a reference to
such an entity.
</text>
</paragraph>
</subsection>
</section>
<section id="id2e81a784-eadd-4824-97cf-3e9c0f22432f">
<enum>
108.
</enum>
<header>
Local plan
</header>
<subsection id="id3e885093-1517-4889-8576-ee717e08cb5e">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Each local board shall develop and submit to the Governor a comprehensive 4-year local plan, in
partnership with the chief elected official. The local plan shall support
the strategy described in the State plan in accordance with section
102(b)(1)(E), and otherwise be consistent with the State plan. If the
local area is part of a planning region, the local board shall comply with
section 106(c) in the preparation and submission of a regional plan.
At the end of the first 2-year period of the 4-year local plan, each local
board shall review the local plan and the local board, in partnership with
the chief elected official, shall prepare and submit modifications to the
local plan to reflect changes in labor market and economic conditions or
in other factors affecting the implementation of the local plan.
</text>
</subsection>
<subsection id="ide8ee806b-3a96-4881-bca4-350a33f4f376">
<enum>
(b)
</enum>
<header>
Contents
</header>
<text>
The local plan shall include—
</text>
<paragraph id="id1c1d1d51-f73e-4e57-9585-cad67239d35d">
<enum>
(1)
</enum>
<text>
a description of the strategic planning elements consisting of—
</text>
<subparagraph id="ida59ffbee-8fe0-4580-be25-c976e64eba51">
<enum>
(A)
</enum>
<text>
an analysis of the regional economic conditions including—
</text>
<clause id="idc5eb8b58-a9fd-42ed-ba3b-fb6f94c83597">
<enum>
(i)
</enum>
<text>
existing and emerging in-demand industry sectors and occupations; and
</text>
</clause>
<clause id="idcdb36c07-88ee-4676-b3b2-6556af75f150">
<enum>
(ii)
</enum>
<text>
the employment needs of employers in those industry sectors and occupations;
</text>
</clause>
</subparagraph>
<subparagraph id="idc3054d72-cc2d-45b8-8500-a059a002c509">
<enum>
(B)
</enum>
<text>
an analysis of the knowledge and skills needed to meet the employment needs of the employers in the
region, including employment needs in in-demand industry sectors and
occupations;
</text>
</subparagraph>
<subparagraph id="idac0bc05c-bc80-414d-af24-829dbe6aaa49">
<enum>
(C)
</enum>
<text>
an analysis of the workforce in the region, including current labor force employment (and
unemployment) data, and information on labor market trends, and the
educational and skill levels of the workforce in the region, including
individuals with barriers to employment;
</text>
</subparagraph>
<subparagraph id="id5d8ab325-8788-48b4-a53d-0a0ba83e6182">
<enum>
(D)
</enum>
<text>
an analysis of the workforce development activities (including education and training) in the
region, including an analysis of the strengths and weaknesses of such
services, and the capacity to provide such services, to address the
identified education and skill needs of the workforce and the employment
needs of employers in the region;
</text>
</subparagraph>
<subparagraph id="id408bf398-cc05-4d41-aa08-52aa767c7275">
<enum>
(E)
</enum>
<text>
a description of the local board’s strategic vision and goals for preparing an educated and skilled
workforce (including youth and individuals with barriers to employment),
including goals relating to the performance accountability measures based
on primary indicators of performance described in section 116(b)(2)(A) in
order to support regional economic growth and economic self-sufficiency;
and
</text>
</subparagraph>
<subparagraph id="idc34f46d5-4d25-49e7-ae88-5c8a44455db5">
<enum>
(F)
</enum>
<text>
taking into account analyses described in subparagraphs (A) through (D), a strategy to work with
the entities that carry out the core programs to align resources available
to the local area, to achieve the strategic vision and goals described in
subparagraph (E);
</text>
</subparagraph>
</paragraph>
<paragraph id="idfc7de6bb-fc6d-49d1-ac39-2c33610297e2">
<enum>
(2)
</enum>
<text>
a description of the workforce development system in the local area that identifies the programs
that are included in that system and how the local board will work with
the entities carrying out core programs and other workforce development
programs to support alignment to provide services, including programs of
study authorized under the Carl D. Perkins Career and Technical Education
Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2301">
20 U.S.C. 2301 et seq.
</external-xref>
), that support the strategy identified
in the State plan under section 102(b)(1)(E);
</text>
</paragraph>
<paragraph id="ide21ebbb4-dc59-4a42-993d-d68e934cbd11">
<enum>
(3)
</enum>
<text>
a description of how the local board, working with the entities carrying out core programs, will
expand access to employment, training, education, and supportive services
for eligible individuals, particularly eligible individuals with barriers
to employment, including how the local board will facilitate the
development of career pathways and co-enrollment, as appropriate, in core
programs, and improve access to activities leading to a recognized
postsecondary credential (including a credential that is an
industry-recognized certificate or certification, portable, and
stackable);
</text>
</paragraph>
<paragraph id="idbc9f450f-44a3-4e28-b247-bd3c5a15fd7c">
<enum>
(4)
</enum>
<text>
a description of the strategies and services that will be used in the local area—
</text>
<subparagraph id="idaea20169-5bcc-4baf-b5d3-e67b1173d295">
<enum>
(A)
</enum>
<text>
in order to—
</text>
<clause id="id892e9e1c-5238-419e-af11-c65b939b7b82">
<enum>
(i)
</enum>
<text>
facilitate engagement of employers, including small employers and employers in in-demand industry
sectors and occupations, in workforce development programs;
</text>
</clause>
<clause id="id548da404-f794-4423-b1f3-18d539b24137">
<enum>
(ii)
</enum>
<text>
support a local workforce development system that meets the needs of businesses in the local area;
</text>
</clause>
<clause id="id1e4bf256-4248-4c20-92b8-24cd61f905d3">
<enum>
(iii)
</enum>
<text>
better coordinate workforce development programs and economic development; and
</text>
</clause>
<clause id="idcee35be5-1796-481d-b0b2-5f2720bd9ab0">
<enum>
(iv)
</enum>
<text>
strengthen linkages between the one-stop delivery system and unemployment insurance programs; and
</text>
</clause>
</subparagraph>
<subparagraph id="id5a1254e2-246f-4329-bd6f-d668f444dd59">
<enum>
(B)
</enum>
<text>
that may include the implementation of initiatives such as incumbent worker training programs,
on-the-job training programs, customized training programs, industry and
sector strategies, career pathways initiatives, utilization of effective
business intermediaries, and other business services and strategies,
designed to meet the needs of employers in the corresponding region in
support of the strategy described in paragraph (1)(F);
</text>
</subparagraph>
</paragraph>
<paragraph id="idef91f881-9bc7-4cdd-b4dc-f0c659a0ec03">
<enum>
(5)
</enum>
<text>
a description of how the local board will coordinate workforce investment activities carried out in
the local area with economic development activities carried out in the
region in which the local area is located (or planning region), and
promote entrepreneurial skills training and microenterprise services;
</text>
</paragraph>
<paragraph id="iddb9179fd-9a31-4b00-b686-a90c76cee193">
<enum>
(6)
</enum>
<text>
a description of the one-stop delivery system in the local area, including—
</text>
<subparagraph id="id582952bc-bc32-4954-92a6-198aeafaf01f">
<enum>
(A)
</enum>
<text>
a description of how the local board will ensure the continuous improvement of eligible providers
of services through the system and ensure that such providers meet the
employment needs of local employers, and workers and jobseekers;
</text>
</subparagraph>
<subparagraph id="id8b5f100c-60e2-4084-a1ed-7fe91371e7e1">
<enum>
(B)
</enum>
<text>
a description of how the local board will facilitate access to services provided through the
one-stop delivery system, including in remote areas, through the use of
technology and through other means;
</text>
</subparagraph>
<subparagraph id="id511a7e9c-923f-4cda-97c7-6f611021344d">
<enum>
(C)
</enum>
<text>
a description of how entities within the one-stop delivery system, including one-stop operators and
the one-stop partners, will comply with section 188, if applicable, and
applicable
provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.) regarding the physical and programmatic accessibility of
facilities, programs and services, technology, and materials for
individuals with disabilities, including providing staff training and
support for addressing the needs of individuals with disabilities; and
</text>
</subparagraph>
<subparagraph id="idb9575247-f590-4c2b-95e0-ffe1c93f9236">
<enum>
(D)
</enum>
<text>
a description of the roles and resource contributions of the one-stop partners;
</text>
</subparagraph>
</paragraph>
<paragraph id="iddccaff00-1b9e-4bd9-acce-454b5f21280e">
<enum>
(7)
</enum>
<text>
a description and assessment of the type and availability of adult and dislocated worker employment
and training activities in the local area;
</text>
</paragraph>
<paragraph id="id352ed233-3a0f-41f5-99da-9dd5a5c83744">
<enum>
(8)
</enum>
<text>
a description of how the local board will coordinate workforce investment activities carried out in
the local area with statewide rapid response activities, as described in
section 134(a)(2)(A);
</text>
</paragraph>
<paragraph id="id3926725f-08f2-4a2f-8507-94fb55e6bcb4">
<enum>
(9)
</enum>
<text>
a description and assessment of the type and availability of youth workforce investment activities
in the local area, including activities for youth who are individuals with
disabilities, which description and assessment shall include an
identification of successful models of such youth workforce investment
activities;
</text>
</paragraph>
<paragraph id="idbab5c5c7-6fbc-43ac-ab63-4698b1453796">
<enum>
(10)
</enum>
<text>
a description of how the local board will coordinate education and workforce investment activities
carried out in the local area with relevant secondary and postsecondary
education programs and activities to coordinate strategies, enhance
services, and avoid duplication of services;
</text>
</paragraph>
<paragraph id="id16546c25-bf80-4b8e-b351-eb91b8d9dc34">
<enum>
(11)
</enum>
<text>
a description of how the local board will coordinate workforce investment activities carried out
under this title in the local area with the provision of
transportation, including public transportation, and other appropriate
supportive services in the local area;
</text>
</paragraph>
<paragraph id="id62cec8a9-0e54-46e1-80a7-031252069906">
<enum>
(12)
</enum>
<text>
a description of plans and strategies for, and assurances concerning, maximizing coordination of
services provided by the State employment service under the Wagner-Peyser
Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) and services provided in the local area through
the one-stop delivery system, to improve service delivery and avoid
duplication of services;
</text>
</paragraph>
<paragraph commented="no" id="idb9501365-88e8-4d35-b4a3-0431936c3cea">
<enum>
(13)
</enum>
<text>
a description of how the local board will coordinate workforce investment activities carried out
under this title in the local area with the provision of adult
education and literacy activities under title II in the local area,
including a description of how the local board will carry out, consistent
with subparagraphs (A) and (B)(i) of section 107(d)(11) and section 232,
the review of local applications submitted under title II;
</text>
</paragraph>
<paragraph commented="no" id="id2bdf5017-989d-4592-a7f0-543dc697ad04">
<enum>
(14)
</enum>
<text>
a description of the replicated cooperative agreements (as defined in section 107(d)(11)) between
the local board or other local entities described in section 101(a)(11)(B)
of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(a)(11)(B)
</external-xref>
) and the local
office of a designated State agency or designated State unit administering
programs carried out under title I of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
)
(other than section 112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741) and
subject to section 121(f)) in accordance with section 101(a)(11) of such
Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(a)(11)
</external-xref>
) with respect to efforts that will enhance the
provision of services to individuals with disabilities and to other
individuals, such as cross training of staff, technical assistance, use
and sharing of information, cooperative efforts with employers, and other
efforts at cooperation, collaboration, and coordination;
</text>
</paragraph>
<paragraph id="id2f931342-bfb6-4f14-a700-b8fcd89b4356">
<enum>
(15)
</enum>
<text>
an identification of the entity responsible for the disbursal of grant funds described in section
107(d)(12)(B)(i)(III), as determined by the chief elected official or the
Governor under section 107(d)(12)(B)(i);
</text>
</paragraph>
<paragraph id="id4854f84a-1efa-4344-bc43-d216e904855a">
<enum>
(16)
</enum>
<text>
a description of the competitive process to be used to award the subgrants and contracts in the
local area for activities carried out under this title;
</text>
</paragraph>
<paragraph id="idd71f168c-2e88-4aa8-926b-3ba41afdad81">
<enum>
(17)
</enum>
<text>
a description of the local levels of performance negotiated with the Governor and chief elected
official pursuant to section 116(c), to be used to measure the performance
of the local area and to be used by the local board for measuring the
performance of the local fiscal agent (where appropriate), eligible
providers under subtitle B, and the one-stop delivery system, in the local
area;
</text>
</paragraph>
<paragraph id="id0356da6c-12c7-42e4-b445-57eece6aea23">
<enum>
(18)
</enum>
<text>
a description of the actions the local board will take toward becoming or remaining a
high-performing board, consistent with the factors developed by the State
board pursuant to section 101(d)(6);
</text>
</paragraph>
<paragraph id="idf8392b80-0ec6-4b05-97a4-1a2c448bcf22">
<enum>
(19)
</enum>
<text>
a description of how training services under chapter 3 of subtitle B will be provided
in accordance with section 134(c)(3)(G), including, if contracts for the
training services will be used, how the use of such contracts will be
coordinated with the use of individual training accounts under that
chapter and how the local board will ensure informed customer choice in
the selection of training programs regardless of how the training services
are to be provided;
</text>
</paragraph>
<paragraph id="id8e6b9953-ad09-45a9-8640-0919c5d4fba0">
<enum>
(20)
</enum>
<text>
a description of the process used by the local board, consistent with subsection (d), to provide an
opportunity for public comment, including comment by representatives of
businesses and comment by representatives of labor organizations, and
input into the development of the local plan, prior to submission of the
plan;
</text>
</paragraph>
<paragraph id="id16ac0afb-6d8f-4514-ace2-e0a5d96c38d4">
<enum>
(21)
</enum>
<text>
a description of how one-stop centers are implementing and transitioning to an integrated,
technology-enabled intake and case management information system for
programs carried out under this Act and programs carried out by one-stop
partners; and
</text>
</paragraph>
<paragraph id="id4cac28ef-5241-4e23-93b7-68b3ebec4a1c">
<enum>
(22)
</enum>
<text>
such other information as the Governor may require.
</text>
</paragraph>
</subsection>
<subsection id="idE8D8BC90D5D943C1900887048DE69108">
<enum>
(c)
</enum>
<header>
Existing analysis
</header>
<text>
As appropriate, a local area may use an existing analysis in order to carry out the requirements of
subsection (b)(1) concerning an analysis.
</text>
</subsection>
<subsection id="idae42bd7d-056d-476d-bc55-654643b35fb6">
<enum>
(d)
</enum>
<header>
Process
</header>
<text>
Prior to the date on which the local board submits a local plan under this section, the local board
shall—
</text>
<paragraph id="ida613b189-c143-4c9e-ba05-2dcbc871bff0">
<enum>
(1)
</enum>
<text>
make available copies of a proposed local plan to the public through electronic and other means,
such as public hearings and local news media;
</text>
</paragraph>
<paragraph id="id489a9ec7-013e-426a-ba52-8a3c0212d9fd">
<enum>
(2)
</enum>
<text>
allow members of the public, including representatives of business, representatives of labor
organizations, and representatives of education to submit to the local
board comments on the proposed local plan, not later than the end of the
30-day period beginning on the date on which the proposed local plan is
made available; and
</text>
</paragraph>
<paragraph id="idaef87d18-3005-4944-b289-a3bcde756924">
<enum>
(3)
</enum>
<text>
include with the local plan submitted to the Governor under this section any such comments that
represent disagreement with the plan.
</text>
</paragraph>
</subsection>
<subsection id="id6d2b0f90-b2ff-4f68-ac6d-3df54315e653">
<enum>
(e)
</enum>
<header>
Plan submission and approval
</header>
<text>
A local plan submitted to the Governor under this section (including a modification to such a local
plan) shall be considered to be approved by the Governor at the end of the
90-day period beginning on the day the Governor receives the plan
(including such a modification), unless the Governor makes a written
determination during the 90-day period that—
</text>
<paragraph id="id624bfedf-4a79-490a-be04-0827dceb00a0">
<enum>
(1)
</enum>
<text>
deficiencies in activities carried out under this subtitle or subtitle B have been
identified, through audits conducted under section 184 or otherwise, and
the local area has not made acceptable progress in implementing corrective
measures to address the deficiencies;
</text>
</paragraph>
<paragraph id="id950abd7d-e5ea-4f4c-a601-e82c8b52b238">
<enum>
(2)
</enum>
<text>
the plan does not comply with the applicable provisions of this Act; or
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="idc4c0e976-da1a-4424-8b7e-f7537a7391e5">
<enum>
(3)
</enum>
<text>
the plan does not align with the State plan, including failing to provide for alignment of the core
programs to support the strategy identified in the State plan in
accordance with section 102(b)(1)(E).
</text>
</paragraph>
</subsection>
</section>
</chapter>
<chapter id="id135c857e-9225-42a5-9fb6-fc4ea3a29487">
<enum>
3
</enum>
<header>
Board Provisions
</header>
<section commented="no" id="id40ab182d-91c2-4251-ae06-125ed10d0cea">
<enum>
111.
</enum>
<header>
Funding of State and local boards
</header>
<subsection commented="no" id="iddbe80ced-0031-4a87-9291-f9f2370f706e">
<enum>
(a)
</enum>
<header>
State boards
</header>
<text>
In funding a State board under this subtitle, a State—
</text>
<paragraph commented="no" id="ida8b4d6f3-a63c-42da-b701-f319d204955a">
<enum>
(1)
</enum>
<text>
shall use funds available as described in section 129(b)(3) or 134(a)(3)(B); and
</text>
</paragraph>
<paragraph commented="no" id="id37f8077a-ee67-4a37-9307-9266457bc2d6">
<enum>
(2)
</enum>
<text>
may use non-Federal funds available to the State that the State determines are appropriate and
available for that use.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="idd6ecf788-8d17-4ab2-b457-d6102db997ea">
<enum>
(b)
</enum>
<header>
Local boards
</header>
<text>
In funding a local board under this subtitle, the chief elected official and local board for the
local area—
</text>
<paragraph commented="no" id="idb0d1c313-6b8c-40b7-83b7-3938319f8de3">
<enum>
(1)
</enum>
<text>
shall use funds available as described in section 128(b)(4); and
</text>
</paragraph>
<paragraph commented="no" id="idc4d265b5-b3cf-43f6-88a1-d32b1726dd15">
<enum>
(2)
</enum>
<text>
may use non-Federal funds available to the local area that the chief elected official and local
board determine are appropriate and available for that use.
</text>
</paragraph>
</subsection>
</section>
</chapter>
<chapter id="id003F6542A39E4529A37105FE9ACAE66B" style="OLC">
<enum>
4
</enum>
<header>
Performance accountability
</header>
<section commented="no" id="idbd47a11f-e3a0-4a68-b9af-ea5efc764ad8">
<enum>
116.
</enum>
<header>
Performance accountability system
</header>
<subsection id="id4780d48d-64ff-41e5-8cac-6a95e3c59ade">
<enum>
(a)
</enum>
<header>
Purpose
</header>
<text>
The purpose of this section is to establish performance accountability measures that apply across
the core programs to assess the effectiveness of States and local areas
(for core programs described in subtitle B) in achieving positive outcomes
for individuals served by those programs.
</text>
</subsection>
<subsection id="id896526fa-963d-40b4-a278-17dc85a231ae">
<enum>
(b)
</enum>
<header>
State performance accountability measures
</header>
<paragraph id="id151de341-4741-4d20-82fc-93bdd0397243">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
For each State, the performance accountability measures for the core programs shall consist of—
</text>
<subparagraph id="idada8da55-e124-412d-82d6-bea54a770a82">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="idc0888929-a4d5-49fd-85af-48f1385f7093">
<enum>
(i)
</enum>
<text>
the primary indicators of performance described in paragraph (2)(A); and
</text>
</clause>
<clause changed="added" id="id5e875198-3c95-41ad-bd34-7f7895f6c913" indent="up1" reported-display-style="italic">
<enum>
(ii)
</enum>
<text>
the additional indicators of performance (if any) identified by the State under paragraph (2)(B);
and
</text>
</clause>
</subparagraph>
<subparagraph id="id3147bc2c-9498-44ba-ad52-7ec2e6b82071">
<enum>
(B)
</enum>
<text>
a State adjusted level of performance for each indicator described in subparagraph (A).
</text>
</subparagraph>
</paragraph>
<paragraph id="idf67c20fc-5491-4b20-90f4-a0fcdb535b27">
<enum>
(2)
</enum>
<header>
Indicators of performance
</header>
<subparagraph id="id61e2395d-d167-4b4d-8acb-7ebb0467d403">
<enum>
(A)
</enum>
<header>
Primary indicators of performance
</header>
<clause id="id30b584a5-874d-488e-9039-b123791dbd7b">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
The State primary indicators of performance for activities provided under the adult and dislocated
worker programs authorized under chapter 3 of subtitle B, the
program of adult education and literacy activities authorized under title
II, the employment services program authorized under sections 1 through
13 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) (except that subclauses
(IV) and (V) shall not apply to such program), and the program authorized
under title I of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
),
other than section 112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741), shall
consist of—
</text>
<subclause id="id6a795b4abefc4786bd4246d9743f84ec">
<enum>
(I)
</enum>
<text>
the percentage of program participants who are in unsubsidized employment during the second quarter
after exit from the program;
</text>
</subclause>
<subclause id="ide379434b5e5b4f52baa5981f07cfde4e">
<enum>
(II)
</enum>
<text>
the percentage of program participants who are in unsubsidized employment during the fourth quarter
after exit from the program;
</text>
</subclause>
<subclause id="id657691dd70034f1b8072d44dc01b8e33">
<enum>
(III)
</enum>
<text>
the median earnings of program participants who are in unsubsidized employment during the second
quarter after exit from the program;
</text>
</subclause>
<subclause id="id8ff2f5b4-bd77-406b-a2e7-d3d547362a30">
<enum>
(IV)
</enum>
<text>
the percentage of program participants who obtain a recognized postsecondary credential, or a
secondary school diploma or its recognized equivalent (subject to clause
(iii)), during participation in or within 1 year after exit from the
program;
</text>
</subclause>
<subclause id="idf4bf4030-e2f8-41ca-825f-d43f20f1d3f0">
<enum>
(V)
</enum>
<text>
the percentage of program participants who, during a program year, are in an education or training
program that leads to a recognized postsecondary credential or employment
and who are achieving measurable skill gains toward such a credential or
employment; and
</text>
</subclause>
<subclause id="id0b4b33ea-c764-4c36-8438-944d5f9bbb07">
<enum>
(VI)
</enum>
<text>
the indicators of effectiveness in serving employers established pursuant to clause (iv).
</text>
</subclause>
</clause>
<clause id="idebd56e52-f0fb-4a42-a0be-2d9319821a80">
<enum>
(ii)
</enum>
<header>
Primary indicators for eligible youth
</header>
<text>
The primary indicators of performance for the youth program authorized under chapter 2 of subtitle
B shall consist of—
</text>
<subclause id="id6a70da093eb94040acc5ddc9af6cc0fd">
<enum>
(I)
</enum>
<text>
the percentage of program participants who are in education or training activities, or in
unsubsidized employment, during the second quarter after exit from the
program;
</text>
</subclause>
<subclause id="id99ddab33e34443e1b07ae0725bccccce">
<enum>
(II)
</enum>
<text>
the percentage of program participants who are in education or training activities, or in
unsubsidized employment, during the fourth quarter after exit from the
program; and
</text>
</subclause>
<subclause id="idffaa0f6287664827babfa7173ab46a37">
<enum>
(III)
</enum>
<text>
the primary indicators of performance described in subclauses (III) through (VI) of subparagraph
(A)(i).
</text>
</subclause>
</clause>
<clause id="id6ef4dd86-365d-409a-8006-d9f95cf664df">
<enum>
(iii)
</enum>
<header>
Indicator relating to credential
</header>
<text>
For purposes of clause (i)(IV), or clause (ii)(III) with respect to clause (i)(IV), program
participants who obtain a secondary school
diploma or its recognized equivalent shall be included in the percentage
counted as meeting the criterion under such clause only if such
participants, in addition to obtaining such diploma or its recognized
equivalent, have obtained or retained employment or are in an education or
training program leading to a recognized postsecondary credential within 1
year after exit from the program.
</text>
</clause>
<clause id="id9adcfcf3-8ce6-4de6-b164-58b579c8f11d">
<enum>
(iv)
</enum>
<header>
Indicator for services to employers
</header>
<text>
Prior to the commencement of the second full program year after the date of enactment of this Act,
for purposes of clauses (i)(VI), or clause (ii)(III) with respect to
clause (i)(IV), the Secretary of Labor and
the Secretary of Education, after consultation with the representatives
described in paragraph (4)(B), shall jointly develop and establish, for
purposes of this subparagraph, 1 or more primary indicators of performance
that indicate the effectiveness of the core programs in serving employers.
</text>
</clause>
</subparagraph>
<subparagraph id="id110b92b6-d54e-4f1f-b0fe-867e81eff7b4">
<enum>
(B)
</enum>
<header>
Additional indicators
</header>
<text>
A State may identify in the State plan additional performance accountability indicators.
</text>
</subparagraph>
</paragraph>
<paragraph id="idcbfcd01f-554a-4a0b-8cb1-80befbbdece1">
<enum>
(3)
</enum>
<header>
Levels of performance
</header>
<subparagraph id="id0ffdbb72-7358-4366-8220-8a452f19f39d">
<enum>
(A)
</enum>
<header>
State adjusted levels of performance for primary indicators
</header>
<clause id="idc5ebd4cf-8b75-4842-8b6b-9d2fef4bbe8f">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
For each State submitting a State plan, there shall be established, in accordance with this
subparagraph, levels of performance for each of the corresponding primary
indicators of performance described in paragraph (2) for each of the
programs described in clause (ii).
</text>
</clause>
<clause id="id4e83c223-72d2-47f5-af42-10eb50b2908f">
<enum>
(ii)
</enum>
<header>
Included programs
</header>
<text>
The programs included under clause (i) are—
</text>
<subclause id="id4fada5c7-2688-436f-adca-62e50dabf179">
<enum>
(I)
</enum>
<text>
the youth program authorized under chapter 2 of subtitle B;
</text>
</subclause>
<subclause id="id35afe1a1-4a94-4470-9474-68706fd9a2b9">
<enum>
(II)
</enum>
<text>
the adult program authorized under chapter 3 of subtitle B;
</text>
</subclause>
<subclause id="id3862f61e-0334-4efa-ae86-f42b359c620a">
<enum>
(III)
</enum>
<text>
the dislocated worker program authorized under chapter 3 of subtitle B;
</text>
</subclause>
<subclause id="idf3b2e2c3-4679-408c-aafd-4772f7c0ec46">
<enum>
(IV)
</enum>
<text>
the program of adult education and literacy activities authorized under title II;
</text>
</subclause>
<subclause id="id6b5942c7-5c5e-462e-bd6a-8f119433ab57">
<enum>
(V)
</enum>
<text>
the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act (29
U.S.C. 49 et seq.); and
</text>
</subclause>
<subclause id="id37811481-0027-4b44-acf1-4a0cc0aee64f">
<enum>
(VI)
</enum>
<text>
the program authorized under title I of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
),
other than section 112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741).
</text>
</subclause>
</clause>
<clause id="idfcdd678c-7c4a-4f13-8f55-7b5f30c3f6b7">
<enum>
(iii)
</enum>
<header>
Identification in State plan
</header>
<text>
Each State shall identify, in the State plan, expected levels of performance for each of the
corresponding primary indicators of performance for each of the programs
described in clause (ii) for the first 2 program years covered by the
State plan.
</text>
</clause>
<clause id="id167a03d5-73b6-4d93-84be-35235a88dc32">
<enum>
(iv)
</enum>
<header>
Agreement on State adjusted levels of performance
</header>
<subclause id="id1cc9cce8-1d22-446d-9465-a31903067ce1">
<enum>
(I)
</enum>
<header>
First 2 years
</header>
<text>
The State shall reach agreement with the Secretary of Labor, in conjunction with the Secretary of
Education on
levels of performance for each indicator described in clause (iii) for
each of the programs described in clause (ii) for each of the first 2
program years covered by the State plan. In reaching the agreement, the
State and the Secretary of Labor in conjunction with the Secretary of
Education shall take into account the levels identified in the
State plan under clause (iii) and the factors described in clause (v). The
levels agreed to shall be considered to be the State adjusted levels of
performance for the State for such program years and shall be incorporated
into the State plan prior to the approval of such plan.
</text>
</subclause>
<subclause id="id7aff3ba5e71e43aa95b3a8a5e0addba9">
<enum>
(II)
</enum>
<header>
Third and fourth year
</header>
<text>
The State and the Secretary of Labor, in conjunction with the Secretary of Education, shall reach
agreement, prior to the third program year covered by the State plan, on
levels of performance for each indicator described in clause (iii) for
each of the programs described in clause (ii) for each of the third and
fourth program years covered by the State plan. In reaching the agreement,
the State and Secretary of Labor, in conjunction with the Secretary of
Education, shall take into account the factors described in clause (v).
The levels agreed to shall be considered to be the State adjusted levels
of performance for the State for such program years and shall be
incorporated into the State plan as a modification to the plan.
</text>
</subclause>
</clause>
<clause id="id7a3efe8f-71eb-4506-944f-2c0b5ba4cf2c">
<enum>
(v)
</enum>
<header>
Factors
</header>
<text>
In reaching the agreements described in clause (iv), the State and Secretaries shall—
</text>
<subclause id="id817f6328-b132-4ab4-a225-5ae06afb9b1c">
<enum>
(I)
</enum>
<text>
take into account how the levels involved compare with the State adjusted levels of performance
established for other States;
</text>
</subclause>
<subclause id="id2fc72472-5bcc-4b4e-a468-b033669c611e">
<enum>
(II)
</enum>
<text>
ensure that the levels involved are adjusted, using the objective statistical model established by
the Secretaries pursuant to clause (viii), based on—
</text>
<item id="id3a069e40-459f-42c1-b143-0b9b02975645">
<enum>
(aa)
</enum>
<text>
the differences among States in actual economic conditions (including differences in unemployment
rates and job losses or gains in particular industries); and
</text>
</item>
<item id="idecc0af30-ce91-4fb4-b4ac-53ad80570966">
<enum>
(bb)
</enum>
<text>
the characteristics of participants when the participants entered the program involved, including
indicators of poor work history, lack of work experience, lack of
educational or occupational skills attainment, dislocation from high-wage
and high-benefit employment, low levels of literacy or English
proficiency, disability status, homelessness, ex-offender status, and
welfare dependency;
</text>
</item>
</subclause>
<subclause id="id50da92de-0f14-4087-a736-23e70c4fa71c">
<enum>
(III)
</enum>
<text>
take into account the extent to which the levels involved promote continuous improvement in
performance accountability on the performance accountability measures by
such State and ensure optimal return on the investment of Federal funds;
and
</text>
</subclause>
<subclause commented="no" id="iddf616a65-3fec-4aff-80ea-21ae949027a2">
<enum>
(IV)
</enum>
<text>
take into account the extent to which the levels involved will assist the State in meeting the
goals described in clause (vi).
</text>
</subclause>
</clause>
<clause commented="no" id="id780d3533-390e-4ec1-8b52-fe03d5bd178f">
<enum>
(vi)
</enum>
<header>
Goals
</header>
<text>
In order to promote enhanced performance outcomes and to facilitate the process of reaching
agreements with the States under clause (iv), the Secretary of Labor, in
conjunction with the Secretary of Education, shall establish performance
goals for the core
programs, in accordance with the Government Performance and Results Act of
1993 (
<external-xref legal-doc="public-law" parsable-cite="pl/103/62">
Public Law 103–62
</external-xref>
; 107 Stat. 285) and the amendments made by that
Act, and in consultation with States and other appropriate parties. Such
goals shall be long-term goals for the adjusted levels of performance to
be achieved by each of the programs described in clause (ii) regarding the
corresponding primary indicators of performance described in paragraph
(2)(A).
</text>
</clause>
<clause id="id754aba15-24f2-4a16-b9cf-677f3d3eb586">
<enum>
(vii)
</enum>
<header>
Revisions based on economic conditions and individuals served during the program year
</header>
<text>
The Secretary of Labor, in conjunction with the Secretary of Education, shall, in accordance with
the objective
statistical model developed pursuant to clause (viii), revise the State
adjusted levels of performance applicable for each of the programs
described in clause (ii), for a program year and a State, to reflect the
actual economic conditions and characteristics of participants (as
described in clause (v)(II)) in that program during such program year in
such State.
</text>
</clause>
<clause id="idcaa19358-3eb7-413d-bf38-58fb1206bbdc">
<enum>
(viii)
</enum>
<header>
Statistical adjustment model
</header>
<text>
The Secretary of Labor and the Secretary of Education, after consultation with the representatives
described in paragraph (4)(B), shall develop and disseminate an objective
statistical model that will be used to make the adjustments in the State
adjusted levels of performance for actual economic conditions and
characteristics of participants under clauses (v) and (vii).
</text>
</clause>
</subparagraph>
<subparagraph id="idf25e901a-9313-4566-8f9f-97eaa15938f6">
<enum>
(B)
</enum>
<header>
Levels of performance for additional indicators
</header>
<text>
The State may identify, in the State plan, State levels of performance for each of the additional
indicators identified under paragraph (2)(B). Such levels shall be
considered to be State adjusted levels of performance for purposes of this
section.
</text>
</subparagraph>
</paragraph>
<paragraph id="ide27fc2be-2b9d-4dda-9d01-5ee11c54da49">
<enum>
(4)
</enum>
<header>
Definitions of indicators of performance
</header>
<subparagraph id="idf757e310-d9a0-4db3-8038-93184b67d1f5">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
In order to ensure nationwide comparability of performance data, the Secretary of Labor and the
Secretary of Education, after consultation with representatives described
in subparagraph (B), shall issue definitions for the indicators described
in
paragraph (2).
</text>
</subparagraph>
<subparagraph id="id47f07346-02de-45c3-9716-db0778beffe5">
<enum>
(B)
</enum>
<header>
Representatives
</header>
<text>
The representatives referred to in subparagraph (A) are representatives of States and political
subdivisions, business and industry, employees, eligible providers of
activities carried out through the core programs, educators, researchers,
participants, the lead State agency officials with responsibility for the
programs carried out through the core programs, individuals with expertise
in serving individuals with barriers to employment, and other interested
parties.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="idb62222b7-0bfc-4b8c-b21d-728c1601e34f">
<enum>
(c)
</enum>
<header>
Local performance accountability measures for subtitle B
</header>
<paragraph id="ida8e55456-3eb2-468e-9231-204f73d3f410">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
For each local area in a State designated under section 106, the local performance accountability
measures for each of the programs described in subclauses (I) through
(III) of subsection (b)(3)(A)(ii) shall consist of—
</text>
<subparagraph id="id63545416-ad4a-400c-97b1-4567b27cf2aa">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="id354b67b6-a345-412a-9d45-7823fb212421">
<enum>
(i)
</enum>
<text>
the primary indicators of performance described in subsection (b)(2)(A) that are applicable to such
programs; and
</text>
</clause>
<clause changed="added" id="id66efdda3-24bd-4422-9ed2-105c3b692a61" indent="up1" reported-display-style="italic">
<enum>
(ii)
</enum>
<text>
additional indicators of performance, if any, identified by the State for such programs under
subsection (b)(2)(B); and
</text>
</clause>
</subparagraph>
<subparagraph id="idfe9393ee-135e-462c-845b-8eb501635114">
<enum>
(B)
</enum>
<text>
the local level of performance for each indicator described in subparagraph (A).
</text>
</subparagraph>
</paragraph>
<paragraph id="ida2f57ae1-c453-41e4-a31c-c2b1d09cc98c">
<enum>
(2)
</enum>
<header>
Local level of performance
</header>
<text>
The local board, the chief elected official, and the Governor shall negotiate and reach agreement
on local levels of performance based on the State adjusted levels of
performance established under subsection (b)(3)(A).
</text>
</paragraph>
<paragraph id="id359a3cae-2ecf-4206-94b4-16dd42da0a25">
<enum>
(3)
</enum>
<header>
Adjustment factors
</header>
<text>
In negotiating the local levels of performance, the local board, the chief elected official, and
the Governor shall make adjustments for the expected economic conditions
and the expected characteristics of participants to be served in the local
area, using the statistical adjustment model developed pursuant to
subsection (b)(3)(A)(viii). In addition, the negotiated local levels of
performance applicable to a program year shall be revised to reflect the
actual economic conditions experienced and the characteristics of the
populations served in the local area during such program year using the
statistical adjustment model.
</text>
</paragraph>
</subsection>
<subsection id="idc336cb71-31e9-42bd-804a-78c23aa3c272">
<enum>
(d)
</enum>
<header>
Performance reports
</header>
<paragraph id="ida90d67b0991842e98268566a8c77f21c">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Not later than 12 months after the date of enactment of this Act, the Secretary of Labor, in
conjunction with the Secretary of Education, shall develop a template for
performance reports that shall be used by States, local boards, and
eligible providers of training services under section 122 to report on
outcomes achieved by the core programs. In developing such templates, the
Secretary of Labor, in conjunction with the Secretary of Education, will
take into account the need to maximize the value of the templates for
workers, jobseekers, employers, local elected officials, State officials,
Federal policymakers, and other key stakeholders.
</text>
</paragraph>
<paragraph id="idd705f327-9511-42b4-88e8-88f532dd7d1d">
<enum>
(2)
</enum>
<header>
Contents of State performance reports
</header>
<text>
The performance report for a State shall include, subject to paragraph (5)(C)—
</text>
<subparagraph id="id59354157-985c-400c-9017-243120958c71">
<enum>
(A)
</enum>
<text>
information specifying the levels of performance achieved with respect to the primary indicators of
performance described in subsection (b)(2)(A) for each of the programs
described in subsection (b)(3)(A)(ii) and the State adjusted levels of
performance with respect to such indicators for each program;
</text>
</subparagraph>
<subparagraph id="id851cef8f-d4d1-4cbd-b5e7-450feb676cb3">
<enum>
(B)
</enum>
<text>
information specifying the levels of performance achieved with respect to the primary indicators of
performance described in subsection (b)(2)(A) for each of the programs
described in subsection (b)(3)(A)(ii) with respect to individuals with
barriers to employment, disaggregated by each subpopulation of such
individuals, and by race, ethnicity, sex, and age;
</text>
</subparagraph>
<subparagraph id="id6f3723ce-89bb-4073-8108-4b4d7410fb36">
<enum>
(C)
</enum>
<text>
the total number of participants served by each of the programs described in subsection
(b)(3)(A)(ii);
</text>
</subparagraph>
<subparagraph id="id5f0b1da8eda3485d866cc85d5f003448">
<enum>
(D)
</enum>
<text>
the number of participants who received career and training services, respectively, during
the most recent program year and the 3 preceding program years, and the
amount of funds spent on each type of service;
</text>
</subparagraph>
<subparagraph id="id4b53c8628c5e49c78926eb7d74ff4d69">
<enum>
(E)
</enum>
<text>
the number of participants who exited from career and training services, respectively,
during the most recent program year and the 3 preceding program years;
</text>
</subparagraph>
<subparagraph id="id045808f3e94243a3a272d6c48359db57">
<enum>
(F)
</enum>
<text>
the average cost per participant of those participants who received career and training
services, respectively, during the most recent program year and the
3 preceding program years;
</text>
</subparagraph>
<subparagraph id="id0bf16ec2e63a48e680168cb20a845e92">
<enum>
(G)
</enum>
<text>
the percentage of participants in a program authorized under this subtitle who received training
services and
obtained unsubsidized employment in a field related to the training
received;
</text>
</subparagraph>
<subparagraph id="id849dcd5b8b8241e29b1b676ac4e8b0f2">
<enum>
(H)
</enum>
<text>
the number of individuals with barriers to employment served by each of the programs
described in
subsection (b)(3)(A)(ii), disaggregated by each subpopulation of such
individuals;
</text>
</subparagraph>
<subparagraph id="id9f4ab5aa4b59451b931d4d03355858fd">
<enum>
(I)
</enum>
<text>
the number of participants who are enrolled in more than 1 of the programs described in subsection
(b)(3)(A)(ii);
</text>
</subparagraph>
<subparagraph id="idcd82ca2a6abf4a34a80c4c8a4f8ff464">
<enum>
(J)
</enum>
<text>
the percentage of the State’s annual allotment under section 132(b) that the State spent on
administrative costs;
</text>
</subparagraph>
<subparagraph id="id6002CDCFD25D450B9DAFDE1C0D79032A">
<enum>
(K)
</enum>
<text>
in the case of a State in which local areas are implementing pay-for-performance contract
strategies for programs—
</text>
<clause id="idBDB15E465D004A06BB1164233C9AF8AE">
<enum>
(i)
</enum>
<text>
the performance of service providers entering into contracts for such strategies, measured
against the levels of
performance specified in the contracts for such strategies; and
</text>
</clause>
<clause id="id175D7A2AFB9140559F68DFD69F1F4732">
<enum>
(ii)
</enum>
<text>
an evaluation of the design of the programs and performance of the strategies, and, where possible,
the level of satisfaction with the
strategies among employers and participants benefitting from the
strategies; and
</text>
</clause>
</subparagraph>
<subparagraph id="id1f2ed457c72a49b4a02aec6797679f91">
<enum>
(L)
</enum>
<text>
other information that facilitates comparisons of programs with programs in other States.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="id96300a4d-0086-4bca-8eeb-a6e5e99c25a8">
<enum>
(3)
</enum>
<header>
Contents of local area performance reports
</header>
<text>
The performance reports for a local area shall include, subject to paragraph (6)(C)—
</text>
<subparagraph id="id1377e36268294af08c4429f44a653d5e">
<enum>
(A)
</enum>
<text>
the information specified in subparagraphs (A) through (L) of paragraph (2), for each of the
programs described in subclauses (I) through
(III) of subsection (b)(3)(A)(ii);
</text>
</subparagraph>
<subparagraph id="id1b5d628ab6614729b8c28f64921afa80">
<enum>
(B)
</enum>
<text>
the percentage of the local area’s allocation under sections 128(b) and 133(b) that the local area
spent on administrative costs; and
</text>
</subparagraph>
<subparagraph id="idb88e6a80f8a1474f9581e480a0dc4fc0">
<enum>
(C)
</enum>
<text>
other information that facilitates comparisons of programs with programs in other local areas (or
planning regions, as appropriate).
</text>
</subparagraph>
</paragraph>
<paragraph id="id5e523321-7011-45b0-b134-97ba8937306e">
<enum>
(4)
</enum>
<header>
Contents of eligible training providers performance reports
</header>
<text>
The performance report for an eligible provider of training services under section 122 shall
include, subject to paragraph (6)(C), with respect to each program of
study (or the equivalent) of such provider—
</text>
<subparagraph id="ide2421ebb-9783-4484-8ba8-c2f89c88f40a">
<enum>
(A)
</enum>
<text>
information specifying the levels of performance achieved with respect to the primary indicators of
performance described in subclauses (I) through (IV) of subsection
(b)(2)(A)(i) with respect to all individuals engaging in the program of
study (or the equivalent);
</text>
</subparagraph>
<subparagraph id="id3d99c4db7d53470d8e0973108d469171">
<enum>
(B)
</enum>
<text>
the total number of individuals exiting from the program of study (or the equivalent);
</text>
</subparagraph>
<subparagraph id="id460f8435d371425b8dfaae10f232be99">
<enum>
(C)
</enum>
<text>
the total number of participants who received training services through each of the adult program
and
the dislocated worker program authorized under chapter 3 of subtitle B,
disaggregated by the type of entity that provided the training, during the
most recent program year and the 3 preceding program years;
</text>
</subparagraph>
<subparagraph id="iddcf5c2c0a62a45568ae7b1a05b50c544">
<enum>
(D)
</enum>
<text>
the total number of participants who exited from training services, disaggregated by the type of
entity
that provided the training, during the most recent program year and the
3 preceding program years;
</text>
</subparagraph>
<subparagraph id="idf431a061f6d5476c80df0eab37586277">
<enum>
(E)
</enum>
<text>
the average cost per participant for the participants who received training services,
disaggregated by the type of entity that provided the training, during
the
most recent program year and the 3 preceding program years; and
</text>
</subparagraph>
<subparagraph id="ida2058b70d8394280af8a813f858bcc06">
<enum>
(F)
</enum>
<text>
the number of individuals with barriers to employment served by each of the adult program and the
dislocated worker program authorized under chapter 3 of subtitle B,
disaggregated by each subpopulation of such individuals, and by race,
ethnicity, sex, and age.
</text>
</subparagraph>
</paragraph>
<paragraph id="id0425d8268b814751b75ad9f437ce14dd">
<enum>
(5)
</enum>
<header>
Data validation
</header>
<text>
In preparing the State reports described in this subsection, each State shall establish procedures,
consistent with guidelines issued by the Secretary, in conjunction with
the Secretary of Education, to ensure the information contained in the
reports is valid and reliable.
</text>
</paragraph>
<paragraph id="id4954dc21-e236-4977-b3ec-2203dfab7e9f">
<enum>
(6)
</enum>
<header>
Publication
</header>
<subparagraph id="id1a907bd1-9308-453d-9d4d-ee9c939d5dfe">
<enum>
(A)
</enum>
<header>
State performance reports
</header>
<text>
The Secretary of Labor and the Secretary of Education shall annually make available (including by
electronic means), in an easily understandable format, the performance
reports for States containing the information described in paragraph (2).
</text>
</subparagraph>
<subparagraph id="id80604a63-fd61-48c6-83fc-8c9494ea0af4">
<enum>
(B)
</enum>
<header>
Local area and eligible training provider performance reports
</header>
<text>
The State shall make available (including by electronic means), in an easily understandable format,
the performance reports for the local areas containing the information
described in paragraph (3) and the performance reports for eligible
providers of training services containing the information described in
paragraph (4).
</text>
</subparagraph>
<subparagraph id="id171166a1-89c6-4d49-8f70-9f5b809b05ef">
<enum>
(C)
</enum>
<header>
Rules for reporting of data
</header>
<text>
The disaggregation of data under this subsection shall not be required when the number of
participants in a category is insufficient to yield statistically reliable
information or when the results would reveal personally identifiable
information about an individual participant.
</text>
</subparagraph>
<subparagraph id="id64aa2e52-8d55-4c58-9ed3-0c32c4d63e2e">
<enum>
(D)
</enum>
<header>
Dissemination to congress
</header>
<text>
The Secretary of Labor and the Secretary of Education shall make available (including by electronic
means) a summary of the reports, and the reports, required under this
subsection to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate. The Secretaries shall prepare and make available
with the reports a set of recommendations for improvements
in and adjustments to pay-for-performance contract strategies used under
subtitle B.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="id40451788-9f8c-4817-adf6-eb68201b792c">
<enum>
(e)
</enum>
<header>
Evaluation of State programs
</header>
<paragraph id="idb79464b1-2869-4c61-bfc1-6d6d86d4c0af">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Using funds authorized under a core program and made available to carry out this section, the
State, in coordination with local boards in the State and the State
agencies responsible for the administration of the core programs, shall
conduct ongoing evaluations of activities carried out in the State under
such programs. The State, local boards, and State agencies shall conduct
the evaluations in order to promote, establish, implement, and utilize
methods for continuously improving core program activities in order to
achieve high-level performance within, and high-level outcomes from, the
workforce development system. The State shall coordinate the evaluations
with the evaluations provided for by the Secretary of Labor and the
Secretary of Education under section 169, section 242(c)(2)(D), and
sections 12(a)(5), 14, and 107 of the Rehabilitation Act of 1973 (29
U.S.C. 709(a)(5), 711, 727) (applied with respect to programs carried out
under title I of that Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
)) and the investigations
provided for by the Secretary of Labor under section 10(b) of the
Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49i">
29 U.S.C. 49i(b)
</external-xref>
).
</text>
</paragraph>
<paragraph id="id95802298-cd1a-48fe-9752-778d50f95f06">
<enum>
(2)
</enum>
<header>
Design
</header>
<text>
The evaluations conducted under this subsection shall be designed in conjunction with the State
board, State agencies responsible for the administration of the core
programs, and local boards and shall include analysis of customer feedback
and outcome and process measures in the statewide workforce development
system. The evaluations shall use designs that employ the most rigorous
analytical and statistical methods that are reasonably feasible, such as
the use of control groups.
</text>
</paragraph>
<paragraph id="idf9911a9b-257e-4edf-bc87-0786e6c914b3">
<enum>
(3)
</enum>
<header>
Results
</header>
<text>
The State shall annually prepare, submit to the State board and local boards in the State, and make
available to the public (including by electronic means), reports
containing the results of evaluations conducted under this subsection, to
promote the efficiency and effectiveness of the workforce development
system.
</text>
</paragraph>
<paragraph id="id04cfa1f0-0d87-4efd-b3ef-867607ee53b3">
<enum>
(4)
</enum>
<header>
Cooperation with federal evaluations
</header>
<text>
The State shall, to the extent practicable, cooperate in the conduct of evaluations (including
related research projects) provided for by the Secretary of Labor or the
Secretary of Education under the provisions of Federal law identified in
paragraph (1). Such cooperation shall include the provision of data (in
accordance with appropriate privacy protections established by the
Secretary of Labor), the provision of responses to surveys, and allowing
site visits in a timely manner, for the Secretaries or their agents.
</text>
</paragraph>
</subsection>
<subsection id="idad5213ee-3c42-4080-9fb9-0c15991bfafc">
<enum>
(f)
</enum>
<header>
Sanctions for State failure To meet state performance accountability measures
</header>
<paragraph id="id9abc9c10-f400-48c7-8660-f9cc3c5ea64e">
<enum>
(1)
</enum>
<header>
States
</header>
<subparagraph id="id01033c56-5901-495b-98cb-691f1707c7ee">
<enum>
(A)
</enum>
<header>
Technical assistance
</header>
<text>
If a State fails to meet the State adjusted levels of performance relating to indicators described
in subsection (b)(2)(A) for a program for any program year, the Secretary
of Labor and the Secretary of Education shall provide technical
assistance, including assistance in the development of a performance
improvement plan.
</text>
</subparagraph>
<subparagraph id="ided78c27a76e146f297990a6777fb9a59">
<enum>
(B)
</enum>
<header>
Reduction in amount of grant
</header>
<text>
If such failure continues for a second consecutive year, or (except in the case of exceptional
circumstances as determined by the Secretary of Labor or the Secretary of
Education, as appropriate) a State fails to submit a report under
subsection (d) for any program year, the percentage of each amount that
would (in the absence of this paragraph) be reserved by the Governor under
section 128(a) for the immediately succeeding program year shall be
reduced by 5 percentage points until such date as the
Secretary of Labor or the Secretary of Education, as appropriate,
determines that the State meets such State adjusted levels of performance
and has submitted such reports for the appropriate
program years.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="ida869681e-0fe0-4119-a485-399872097ce7">
<enum>
(g)
</enum>
<header>
Sanctions for local area failure To meet local performance accountability measures
</header>
<paragraph id="idf908cabe-4e43-4149-879e-88f4489a6c72">
<enum>
(1)
</enum>
<header>
Technical assistance
</header>
<text>
If a local area fails to meet local performance accountability measures established under
subsection (c) for the youth, adult, or dislocated worker program
authorized under chapter 2 or 3 of subtitle B for a program
described in subsection (d)(2)(A) for any program year, the Governor, or
upon request by the Governor, the Secretary of Labor, shall provide
technical assistance, which may include assistance in the development of a
performance improvement plan or the development of a modified local plan
(or regional plan).
</text>
</paragraph>
<paragraph id="id80acc45a-65d1-4ec6-8670-80ca364c55c5">
<enum>
(2)
</enum>
<header>
Corrective actions
</header>
<subparagraph id="id457d2eaf-9df9-4165-b8a8-8259243403cb">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
If such failure continues for a third consecutive year, the Governor shall take corrective
actions, which shall include development of a reorganization plan through
which the Governor shall—
</text>
<clause id="ida882cb35-a278-4ef9-9155-9def6929c0da">
<enum>
(i)
</enum>
<text>
require the appointment and certification of a new local board, consistent with the criteria
established under section 107(b);
</text>
</clause>
<clause id="id42ac5c3f-49c1-4f6c-87ad-4080bf72f5d4">
<enum>
(ii)
</enum>
<text>
prohibit the use of eligible providers and one-stop partners identified as achieving a poor level
of performance; or
</text>
</clause>
<clause id="id84e85d40-3766-4f32-b582-1eb55d085d81">
<enum>
(iii)
</enum>
<text>
take such other significant actions as the Governor determines are appropriate.
</text>
</clause>
</subparagraph>
<subparagraph id="idf1e69948-e190-4c60-a79a-cda73efff1e4">
<enum>
(B)
</enum>
<header>
Appeal by local area
</header>
<clause id="id3a384fe5-a3d7-4f2a-9ace-a85b81763da3">
<enum>
(i)
</enum>
<header>
Appeal to Governor
</header>
<text>
The local board and chief elected official for a local area that is subject to a reorganization
plan under subparagraph (A) may, not later than 30 days after receiving
notice of the reorganization plan, appeal to the Governor to rescind or
revise such plan. In such case, the Governor shall make a final decision
not later than 30 days after the receipt of the appeal.
</text>
</clause>
<clause id="id84532ef1-5ee8-4ca1-9cde-37e9f9752924">
<enum>
(ii)
</enum>
<header>
Subsequent action
</header>
<text>
The local board and chief elected official for a local area may, not later than 30 days after
receiving a decision from the Governor pursuant to clause (i), appeal such
decision to the Secretary of Labor. In such case, the Secretary shall make
a final decision not later than 30 days after the receipt of the appeal.
</text>
</clause>
</subparagraph>
<subparagraph id="idf49472eb-6d50-4e68-bb14-de9f4f476679">
<enum>
(C)
</enum>
<header>
Effective date
</header>
<text>
The decision made by the Governor under subparagraph (B)(i) shall become effective at the time the
Governor issues the decision pursuant to such clause. Such decision shall
remain effective unless the Secretary of Labor rescinds or revises such
plan pursuant to subparagraph (B)(ii).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="idCE515B7CF8844362AE2598FE65D5352A">
<enum>
(h)
</enum>
<header>
Establishing Pay-for-Performance Contract Strategy Incentives
</header>
<text>
Using non-Federal funds, the Governor may establish incentives for local boards to implement
pay-for-performance contract strategies for the delivery of training
services described in section 134(c)(3) or activities described in
section 129(c)(2) in the local areas served by the local boards.
</text>
</subsection>
<subsection id="ide5bc91a9-fa3e-4207-ac07-ba1bf7d76f70">
<enum>
(i)
</enum>
<header>
Fiscal and management accountability information systems
</header>
<paragraph id="id678ea0f2-5ab7-4fd6-9dd1-ef78962e43e6">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Using funds authorized under a core program and made available to carry out this chapter, the
Governor, in coordination with the State board, the State agencies
administering the core programs, local boards, and chief elected officials
in the State, shall establish and operate a fiscal and management
accountability information system based on guidelines established by the
Secretary of Labor and the Secretary of Education after consultation with
the Governors of States, chief elected officials, and one-stop partners.
Such guidelines shall promote efficient collection and use of fiscal and
management information for reporting and monitoring the use of funds
authorized under the core programs and for preparing the annual report
described in subsection (d).
</text>
</paragraph>
<paragraph id="idca703774-b8aa-49a4-840b-05b20793a67f">
<enum>
(2)
</enum>
<header>
Wage records
</header>
<text>
In measuring the progress of the State on State and local performance accountability measures, a
State shall utilize quarterly wage records, consistent with State law. The
Secretary of Labor shall make arrangements, consistent with State law, to
ensure that the wage records of any State are available to any other State
to the extent that such wage records are required by the State in carrying
out the State plan of the State or completing the annual report described
in subsection (d).
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="id8ce75305-615b-4d7d-aa46-7f3ac7eee609">
<enum>
(3)
</enum>
<header>
Confidentiality
</header>
<text>
In carrying out the requirements of this Act, the State shall comply with section 444 of the
General Education Provisions Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1232g">
20 U.S.C. 1232g
</external-xref>
).
</text>
</paragraph>
</subsection>
</section>
</chapter>
</subtitle>
<subtitle id="id04EE6DD3BE5F4B0FBE85C8642F92A1C3">
<enum>
B
</enum>
<header>
Workforce
investment activities and providers
</header>
<chapter id="id4E990AE8F8A84AD28DDB5E292EDDB5F1">
<enum>
1
</enum>
<header>
Workforce
investment activities and providers
</header>
<section id="id61F73E594B1F4C47816B5E9637F33C1D">
<enum>
121.
</enum>
<header>
Establishment of one-stop delivery systems
</header>
<subsection id="IDedd02e2688f64ac780101c5a79a61aa4">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Consistent with an approved State plan, the local board
for a local area, with the agreement of the chief elected official for the
local area, shall—
</text>
<paragraph id="IDefd21f116bc84792b915a9abbe33709b">
<enum>
(1)
</enum>
<text>
develop and enter
into the memorandum of understanding described in subsection (c) with one-stop
partners;
</text>
</paragraph>
<paragraph id="ID378c55fb420c41d0a24fa880a76a081d">
<enum>
(2)
</enum>
<text>
designate or
certify one-stop operators under subsection (d); and
</text>
</paragraph>
<paragraph id="IDdc1fcd2acb464d748a2750f16aec2e37">
<enum>
(3)
</enum>
<text>
conduct oversight
with respect to the one-stop delivery system in the local area.
</text>
</paragraph>
</subsection>
<subsection id="ID5234b9043f194aa0b0785820948cf867">
<enum>
(b)
</enum>
<header>
One-stop
partners
</header>
<paragraph id="ID9101943059fe4dc583117298a8e22a84">
<enum>
(1)
</enum>
<header>
Required
partners
</header>
<subparagraph id="IDccb8f3389c35481d9f0c22c955a4842a">
<enum>
(A)
</enum>
<header>
Roles and
responsibilities of one-stop partners
</header>
<text>
Each entity that carries
out a program or activities described in subparagraph (B) in a local area
shall—
</text>
<clause id="ID54f923bf91634129abc960e29efe8f8c">
<enum>
(i)
</enum>
<text>
provide
access through the one-stop delivery system to such program or activities
carried out by the entity, including making the career services described in
section 134(c)(2)
that are applicable to the program or activities available at
the one-stop centers (in addition to any other appropriate locations);
</text>
</clause>
<clause id="IDebe0bed0e5cb4d98b1bd4eccc5b8682e">
<enum>
(ii)
</enum>
<text>
use a
portion of the funds available for the program and activities to maintain the
one-stop delivery system, including payment of the infrastructure costs of
one-stop centers in accordance with subsection (h);
</text>
</clause>
<clause id="IDefb1eb542388463499ab1c859417cf7d">
<enum>
(iii)
</enum>
<text>
enter
into a local memorandum of understanding with the local board, relating to the
operation of the one-stop system, that meets the requirements of subsection
(c);
</text>
</clause>
<clause id="ID373a9384541c404fad7251aae719e859">
<enum>
(iv)
</enum>
<text>
participate in
the operation of the one-stop system consistent with the terms of the
memorandum of understanding, the requirements of this title, and the
requirements of the Federal laws authorizing the program or activities;
and
</text>
</clause>
<clause id="ID6698fce0ddcc41d2b1debb05f03335b0">
<enum>
(v)
</enum>
<text>
provide
representation on the State board to the extent provided under section 101.
</text>
</clause>
</subparagraph>
<subparagraph id="ID0b82b6a7adcb4744a18584aefc1a96e0">
<enum>
(B)
</enum>
<header>
Programs and
activities
</header>
<text>
The programs and activities referred to in
subparagraph (A) consist of—
</text>
<clause id="IDb4828b9b1767437bbdb53207e3139224">
<enum>
(i)
</enum>
<text>
programs
authorized under this title;
</text>
</clause>
<clause id="ID30f6ebda5bc64f1a8e546501abfc1642">
<enum>
(ii)
</enum>
<text>
programs
authorized under the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
);
</text>
</clause>
<clause id="IDa7fdba23ec6142b4a31acc04d32705e1">
<enum>
(iii)
</enum>
<text>
adult
education and literacy activities authorized under title II;
</text>
</clause>
<clause id="ID4b3994523f624789b5f6d22e825cb9b4">
<enum>
(iv)
</enum>
<text>
programs
authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.) (other than section 112 or part C of title I of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
,
741);
</text>
</clause>
<clause id="ID3d972510b9c446c989efa750ec5f1831">
<enum>
(v)
</enum>
<text>
activities
authorized under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et
seq.);
</text>
</clause>
<clause id="IDbbf96610f60146b09f0de4cf79e9ca87">
<enum>
(vi)
</enum>
<text>
career
and technical education programs at the postsecondary level authorized under
the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301
et seq.);
</text>
</clause>
<clause id="IDfddcd5fd4ec0467696ee0a7ca4dcfaf7">
<enum>
(vii)
</enum>
<text>
activities
authorized under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271
et seq.);
</text>
</clause>
<clause id="ID67bd2371881d4b7185c25209deaad574">
<enum>
(viii)
</enum>
<text>
activities
authorized under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/41">
chapter 41
</external-xref>
of title 38, United States Code;
</text>
</clause>
<clause id="ID757b4aac48ef41b1800ab6f22f8ecfa3">
<enum>
(ix)
</enum>
<text>
employment and
training activities carried out under the Community Services Block Grant Act
(
<external-xref legal-doc="usc" parsable-cite="usc/42/9901">
42 U.S.C. 9901 et seq.
</external-xref>
);
</text>
</clause>
<clause id="IDc85f2e1c82944fc39bf354c30d17886f">
<enum>
(x)
</enum>
<text>
employment and
training activities carried out by the Department of Housing and Urban
Development;
</text>
</clause>
<clause id="IDa9fd3f559b934cd3a9d1827f1243e5e0">
<enum>
(xi)
</enum>
<text>
programs
authorized under State unemployment compensation laws (in accordance with
applicable Federal law);
</text>
</clause>
<clause id="IDfd9f6e15d07145dc992848168164ee19">
<enum>
(xii)
</enum>
<text>
programs
authorized under section 212 of the Second Chance Act of 2007 (42 U.S.C.
17532); and
</text>
</clause>
<clause id="ID7577f9647a6c4ec5861fca2098eab9af">
<enum>
(xiii)
</enum>
<text>
programs
authorized under part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.), subject to subparagraph (C).
</text>
</clause>
</subparagraph>
<subparagraph id="ID2084901a281640b496bb4a0ee199bfb4">
<enum>
(C)
</enum>
<header>
Determination
by the Governor
</header>
<clause id="ID28ae1ce63ec84422a45dc960ba9a5897">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
An entity that carries out a program referred to in
subparagraph (B)(xiii) shall be included in the one-stop partners for the local
area, as a required partner, for purposes of this Act and the other core
program provisions that are not part of this Act, unless the Governor provides
the notification described in clause (ii).
</text>
</clause>
<clause id="ID589b96263f0f4b7497b8cb18f5b19431">
<enum>
(ii)
</enum>
<header>
Notification
</header>
<text>
The
notification referred to in clause (i) is a notification that—
</text>
<subclause id="ID994bb50d0c144e1aa85cb74911e0e189">
<enum>
(I)
</enum>
<text>
is
made in writing of a determination by the Governor not to include such entity
in the one-stop partners described in clause (i); and
</text>
</subclause>
<subclause id="IDc349e88279e94c3bae9dafb4b5628933">
<enum>
(II)
</enum>
<text>
is
provided to the Secretary of Labor (referred to in this subtitle, and subtitles C
through E, as the
<quote>
Secretary
</quote>
) and the Secretary of Health and Human
Services.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="IDec88f62056ee416eaa3ac432e439f6db">
<enum>
(2)
</enum>
<header>
Additional
partners
</header>
<subparagraph id="ID39b9107442574a37a4743bf4e4e4c46a">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
With the approval of the local board and chief elected
official, in addition to the entities described in paragraph (1), other
entities that carry out workforce development programs described in
subparagraph (B) may be one-stop partners for the local area and carry out the
responsibilities described in paragraph (1)(A).
</text>
</subparagraph>
<subparagraph id="ID718f2661d9f44debae709ff90f038e3a">
<enum>
(B)
</enum>
<header>
Programs
</header>
<text>
The
programs referred to in subparagraph (A) may include—
</text>
<clause id="IDee32590aa1664a18988401937a1570ec">
<enum>
(i)
</enum>
<text>
employment and
training programs administered by the Social Security Administration, including
the Ticket to Work and Self-Sufficiency Program established under section 1148
of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1320b-19">
42 U.S.C. 1320b–19
</external-xref>
);
</text>
</clause>
<clause id="ID7f9bc7454d204b2b9f63ac7bf3e601fe">
<enum>
(ii)
</enum>
<text>
employment and
training programs carried out by the Small Business Administration;
</text>
</clause>
<clause id="ID60a6b2385ee646d5a6e09129959943ce">
<enum>
(iii)
</enum>
<text>
programs
authorized under section 6(d)(4) of the Food and Nutrition Act of 2008 (7
U.S.C. 2015(d)(4));
</text>
</clause>
<clause id="idB0A6BF44B9BB40A1A16FB66555752DA5">
<enum>
(iv)
</enum>
<text>
work
programs authorized under section 6(o) of the Food and Nutrition Act of 2008 (7
U.S.C. 2015(o));
</text>
</clause>
<clause id="id2CAC5938A30B4B6A9CA06451E8B3F248">
<enum>
(v)
</enum>
<text>
programs carried
out under section 112 of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
);
</text>
</clause>
<clause id="ID82aa53c0ddd24cdcb31f1445344ecee7">
<enum>
(vi)
</enum>
<text>
programs
authorized under the National and Community Service Act of 1990 (42 U.S.C.
12501 et seq.); and
</text>
</clause>
<clause id="IDa338066b63f1472b920978389882d855">
<enum>
(vii)
</enum>
<text>
other
appropriate Federal, State, or local programs, including employment, education,
and training programs provided by public libraries or in the private
sector.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="ID40f17722e43547efbf3161f192cc9ac1">
<enum>
(c)
</enum>
<header>
Memorandum of
understanding
</header>
<paragraph id="ID7c95e2081c0045d29c445c3e146ddfa8">
<enum>
(1)
</enum>
<header>
Development
</header>
<text>
The
local board, with the agreement of the chief elected official, shall develop
and enter into a memorandum of understanding (between the local board and the
one-stop partners), consistent with paragraph (2), concerning the operation of
the one-stop delivery system in the local area.
</text>
</paragraph>
<paragraph id="IDc93d41adab1a45f58a688740df982a87">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
Each
memorandum of understanding shall contain—
</text>
<subparagraph id="IDa4c33f98cce84c90ae3a5765e86baf40">
<enum>
(A)
</enum>
<text>
provisions
describing—
</text>
<clause id="IDec22afd2e15844b2bbeecf90e2926d2b">
<enum>
(i)
</enum>
<text>
the
services to be provided through the one-stop delivery system consistent with
the requirements of this section, including the manner in which the services
will be coordinated and delivered through such system;
</text>
</clause>
<clause id="IDa6cb201eb2474448bbbc180bcb054cb3">
<enum>
(ii)
</enum>
<text>
how
the costs of such services and the operating costs of such system will be
funded, including—
</text>
<subclause id="idDA8B7EEFC83B46C1BD4416A3A0009845">
<enum>
(I)
</enum>
<text>
funding through
cash and in-kind contributions (fairly evaluated), which contributions may
include funding from philanthropic organizations or other private entities, or
through other alternative financing options, to provide a stable and equitable
funding stream for ongoing one-stop delivery system operations; and
</text>
</subclause>
<subclause id="idCFB626C49EB44D01B0B4083FF897E123">
<enum>
(II)
</enum>
<text>
funding of the
infrastructure costs of one-stop centers in accordance with subsection
(h);
</text>
</subclause>
</clause>
<clause id="ID3d5063973c98482bb02a7ced41e59171">
<enum>
(iii)
</enum>
<text>
methods of
referral of individuals between the one-stop operator and the one-stop partners
for appropriate services and activities;
</text>
</clause>
<clause id="IDece97569981e4680a2dc3f511e392c30">
<enum>
(iv)
</enum>
<text>
methods to
ensure the needs of workers and youth, and individuals with barriers to
employment, including individuals with disabilities, are addressed in the
provision of necessary and appropriate access to services, including access to
technology and materials, made available through the one-stop delivery system;
and
</text>
</clause>
<clause id="ID00311d9d5ceb470497a4e5a68db8e2ba">
<enum>
(v)
</enum>
<text>
the
duration of the memorandum of understanding and the procedures for amending the
memorandum during the duration of the memorandum, and assurances that such
memorandum shall be reviewed not less than once every 3-year period to ensure
appropriate funding and delivery of services; and
</text>
</clause>
</subparagraph>
<subparagraph id="ID26b51106b85d476da856df176461b455">
<enum>
(B)
</enum>
<text>
such other
provisions, consistent with the requirements of this title, as the parties to
the agreement determine to be appropriate.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="IDb8ac44c5aea74a3896a2cac44775b47a">
<enum>
(d)
</enum>
<header>
One-stop
operators
</header>
<paragraph id="IDb6a683d9011e411f9b43e7ceeefcec65">
<enum>
(1)
</enum>
<header>
Local designation and
certification
</header>
<text>
Consistent with paragraphs (2) and (3), the local
board, with the agreement of the chief elected official, is authorized to
designate or certify one-stop operators and to terminate for cause the
eligibility of such operators.
</text>
</paragraph>
<paragraph id="ID87f5a46142de48deac5f265b74d5af41">
<enum>
(2)
</enum>
<header>
Eligibility
</header>
<text>
To
be eligible to receive funds made available under this subtitle to operate a
one-stop center referred to in subsection (e), an entity (which may be a
consortium of entities)—
</text>
<subparagraph id="ID663afca110fd4e5291fa8af19b1211c7">
<enum>
(A)
</enum>
<text>
shall be
designated or certified as a one-stop operator through
a competitive process; and
</text>
</subparagraph>
<subparagraph id="ID783ab33ce04c4557b179b165c50171c4">
<enum>
(B)
</enum>
<text>
shall be an
entity (public, private, or nonprofit), or consortium of entities (including a
consortium of entities that, at a minimum, includes 3 or more of the
one-stop partners described in subsection (b)(1)), of demonstrated
effectiveness, located in the local area, which may include—
</text>
<clause id="IDe30786651dd54e87b3c547d202f952de">
<enum>
(i)
</enum>
<text>
an
institution of higher education;
</text>
</clause>
<clause id="ID0a11d8ae9669411da7171acd14dc6742">
<enum>
(ii)
</enum>
<text>
an
employment service State agency established under the Wagner-Peyser Act (29
U.S.C. 49 et seq.), on behalf of the local office of the agency;
</text>
</clause>
<clause id="ID1aa1bf6ee16c490bb2c0b8ad66ecca6a">
<enum>
(iii)
</enum>
<text>
a
community-based organization, nonprofit organization, or intermediary;
</text>
</clause>
<clause id="IDc2514394ed9547ca91d28ad53ae7e343">
<enum>
(iv)
</enum>
<text>
a
private for-profit entity;
</text>
</clause>
<clause id="IDba0e84cb917c456b9154d2c0730429ad">
<enum>
(v)
</enum>
<text>
a
government agency; and
</text>
</clause>
<clause id="ID089626c35cdc446684c12ece3266ed1c">
<enum>
(vi)
</enum>
<text>
another
interested organization or entity, which may include a local chamber of
commerce or other business organization, or a labor organization.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="ID1d3bf169440c4c1dac8b166a8516ca11">
<enum>
(3)
</enum>
<header>
Exception
</header>
<text>
Elementary
schools and secondary schools shall not be eligible for designation or
certification as one-stop operators, except that nontraditional public
secondary schools and area career and technical education schools may be
eligible for such designation or certification.
</text>
</paragraph>
<paragraph id="ID560ae43cace74294bee7224892a037e8">
<enum>
(4)
</enum>
<header>
Additional
requirements
</header>
<text>
The State and local boards shall ensure that in
carrying out activities under this title, one-stop operators—
</text>
<subparagraph id="ID278fe52c87f543cbb142b69a2e50a113">
<enum>
(A)
</enum>
<text>
disclose any
potential conflicts of interest arising from the relationships of the operators
with particular training service providers or other service providers;
</text>
</subparagraph>
<subparagraph id="IDf14a991caeb54fc1bfba79dc07a1fef1">
<enum>
(B)
</enum>
<text>
do not establish
practices that create disincentives to providing services to individuals with
barriers to employment who may require longer-term services, such as intensive
employment, training, and education services; and
</text>
</subparagraph>
<subparagraph id="ID4101104936b54cbb992ba543d4882c4d">
<enum>
(C)
</enum>
<text>
comply with
Federal regulations, and procurement policies, relating to the calculation and
use of profits.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="IDec96d3597a7b4668bfa5e0f999fd59dc">
<enum>
(e)
</enum>
<header>
Establishment
of one-stop delivery system
</header>
<paragraph id="IDf6e48a834a8a4f6c8e1e0f0d2f231f30">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
There shall be established in each local area in a State
that receives an allotment under section 132(b) a one-stop delivery system,
which shall—
</text>
<subparagraph id="IDe862eff364e649fe986a30c85dcc859c">
<enum>
(A)
</enum>
<text>
provide the
career services described in section 134(c)(2);
</text>
</subparagraph>
<subparagraph id="ID91c315946df14b74848a023a56014f84">
<enum>
(B)
</enum>
<text>
provide
access to training services as described in section 134(c)(3), including serving as
the point of access to
training services for participants in accordance with section 134(c)(3)(G);
</text>
</subparagraph>
<subparagraph id="ID89e04ecb6cd74df79511ffd1da41668b">
<enum>
(C)
</enum>
<text>
provide
access to the employment and training activities carried out under section 134(d),
if any;
</text>
</subparagraph>
<subparagraph id="ID65914b22f29d44008d56a5a6c2ece0d0">
<enum>
(D)
</enum>
<text>
provide
access to programs and activities carried out by one-stop partners described in
subsection (b); and
</text>
</subparagraph>
<subparagraph id="ID9151078b42024091be69b77548eecd8b">
<enum>
(E)
</enum>
<text>
provide
access to the data, information, and analysis described in section 15(a) of the
Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(a)
</external-xref>
) and all job search, placement,
recruitment, and other labor exchange services authorized under the
Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
).
</text>
</subparagraph>
</paragraph>
<paragraph id="ID9559d1840b874cadace0a35d81f5e7b3">
<enum>
(2)
</enum>
<header>
One-stop
delivery
</header>
<text>
The one-stop delivery system—
</text>
<subparagraph id="IDd50002600d694c0e9201c0212816a659">
<enum>
(A)
</enum>
<text>
at a minimum,
shall make each of the programs, services, and activities described in
paragraph (1) accessible at not less than 1 physical center in each local area
of the State; and
</text>
</subparagraph>
<subparagraph id="ID11cf131bad9d43b8bb6e6d67bc282110">
<enum>
(B)
</enum>
<text>
may also make
programs, services, and activities described in paragraph (1) available—
</text>
<clause id="ID7e9e7770d8234b16a8c56d55f11c1ffa">
<enum>
(i)
</enum>
<text>
through
a network of affiliated sites that can provide 1 or more of the programs,
services, and activities to individuals; and
</text>
</clause>
<clause id="IDc5349faa8147428aaa8f12e82710289f">
<enum>
(ii)
</enum>
<text>
through a
network of eligible one-stop partners—
</text>
<subclause id="IDdc2090e463654da9925f39171d624acb">
<enum>
(I)
</enum>
<text>
in
which each partner provides 1 or more of the programs, services, and activities
to such individuals and is accessible at an affiliated site that consists of a
physical location or an electronically or technologically linked access point;
and
</text>
</subclause>
<subclause id="ID3d4feab3c85c45019ba199500ed0fc18">
<enum>
(II)
</enum>
<text>
that assures
individuals that information on the availability of the career services will be
available regardless of where the individuals initially enter the statewide
workforce development system, including information made available through an
access point described in subclause (I);
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="IDabea76d67b5840fd8086f1836735c8ec">
<enum>
(C)
</enum>
<text>
may have
specialized centers to address special needs, such as the needs of dislocated
workers, youth, or key industry sectors or clusters; and
</text>
</subparagraph>
<subparagraph id="IDa4bdc43a079e4e5c942e8d7a3a0f5e00">
<enum>
(D)
</enum>
<text>
as applicable and
practicable, shall make programs, services, and activities accessible to
individuals through electronic means in a manner that improves efficiency,
coordination, and quality in the delivery of one-stop partner services.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID3134037b03c647fbb049ba48657e48a1">
<enum>
(3)
</enum>
<header>
Colocation of
wagner-peyser services
</header>
<text>
Consistent with section 3(d) of the
Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49b">
29 U.S.C. 49b(d)
</external-xref>
), and in order to improve service delivery,
avoid duplication of services, and enhance coordination of services, including
location of staff to ensure access to services in underserved areas, the
employment service offices in each State shall be colocated with one-stop
centers established under this title.
</text>
</paragraph>
<paragraph commented="no" id="ID2c5f7759f435482c8b44b59b058fd8c8">
<enum>
(4)
</enum>
<header>
Use of common
one-stop delivery system identifier
</header>
<text>
In addition to using any
State or locally developed identifier, each one-stop delivery system shall
include in the identification of products, programs, activities, services,
facilities, and related property and materials, a common one-stop delivery
system identifier. The identifier shall be developed by the Secretary, in
consultation with heads of other appropriate departments and agencies, and
representatives of State boards and local boards and of other stakeholders in
the one-stop delivery system, not later than the beginning of the second full
program year after the date of enactment of this Act. Such common identifier
may consist of a logo, phrase, or other identifier that informs users of the
one-stop delivery system that such products, programs, activities, services,
facilities, property, or materials are being provided through such system.
Nothing in this paragraph shall be construed to prohibit one-stop partners,
States, or local areas from having additional identifiers.
</text>
</paragraph>
</subsection>
<subsection id="id3D0FBAE0E0A943299FDECB5A9C36EA50">
<enum>
(f)
</enum>
<header>
Application to
certain vocational rehabilitation programs
</header>
<paragraph id="ID42d0bc8d7d8c4c41a1d97eb08448c9dc">
<enum>
(1)
</enum>
<header>
Limitation
</header>
<text>
Nothing
in this section shall be construed to apply to part C of title I of the
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/741">
29 U.S.C. 741
</external-xref>
).
</text>
</paragraph>
<paragraph id="IDfaffed3c20e94eed8a0dfabe49fa96cc">
<enum>
(2)
</enum>
<header>
Client
assistance
</header>
<text>
Nothing in this Act shall be construed to require that
any entity carrying out a client assistance program authorized under section
112 of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
)—
</text>
<subparagraph id="idC9F9A465D2944C7F84B038C22E165B24">
<enum>
(A)
</enum>
<text>
be included as a
mandatory one-stop partner under subsection (b)(1); or
</text>
</subparagraph>
<subparagraph id="idCE42E000507948FD89801DF27E2D0382">
<enum>
(B)
</enum>
<text>
if the entity is
included as an additional one-stop partner under subsection (b)(2)—
</text>
<clause id="ID270dd31fb6a44815863a4cfb79521996">
<enum>
(i)
</enum>
<text>
violate
the requirement of section 112(c)(1)(A) of that Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732(c)(1)(A)
</external-xref>
)
that the entity be independent of any agency that provides treatment, services,
or rehabilitation to individuals under that Act; or
</text>
</clause>
<clause id="ID3d3cbc5904094b2cb2c3a98c7aa467c9">
<enum>
(ii)
</enum>
<text>
carry
out any activity not authorized under section 112 of that Act (including
appropriate Federal regulations).
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="ID775637d257bd47b39d3e2dc363851b40">
<enum>
(g)
</enum>
<header>
Certification and continuous
improvement of one-stop centers
</header>
<paragraph id="ID4c4d76125d10446c8babf7bd47ef46d1">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In order to be eligible to receive infrastructure funding described in subsection
(h), the State board, in consultation with chief elected
officials and local boards, shall establish objective criteria and procedures
for use by local boards in assessing at least once
every 3 years the
effectiveness, physical
and programmatic accessibility in accordance with section 188, if applicable, and
the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq), and continuous
improvement of one-stop centers and the one-stop delivery system, consistent
with the requirements of section 101(d)(6).
</text>
</paragraph>
<paragraph id="ID9898cf9c34f049d49dfe8d156f22c462">
<enum>
(2)
</enum>
<header>
Criteria
</header>
<text>
The
criteria and procedures developed under this subsection shall include standards
relating to service coordination achieved by the one-stop delivery system with
respect to the programs administered by the one-stop partners at the one-stop
centers. Such criteria and procedures shall—
</text>
<subparagraph id="idF3AE5493C5FC472F85F313CEAEE9D364">
<enum>
(A)
</enum>
<text>
be developed in a
manner that is consistent with the guidelines, guidance, and policies provided
by the Governor and by the State board, in consultation with the chief elected
officials and local boards, for such partners’ participation under subsections
(h)(1) and (i); and
</text>
</subparagraph>
<subparagraph id="idBED79A56184149A29CA04FE6C67BC27D">
<enum>
(B)
</enum>
<text>
include such
factors relating to the effectiveness, accessibility, and improvement of the
one-stop delivery system as the State board determines to be
appropriate, including at a minimum how well the one-stop center—
</text>
<clause id="id3714b12f3b5849f7aa26c545c1d48556">
<enum>
(i)
</enum>
<text>
supports the achievement of the
negotiated local levels of
performance for the indicators of performance described in section
116(b)(2) for
the local area;
</text>
</clause>
<clause id="id7667b6e4486f4029b02738927eacfe7f">
<enum>
(ii)
</enum>
<text>
integrates available services; and
</text>
</clause>
<clause id="id57a94e0b2890424881e342031233e624">
<enum>
(iii)
</enum>
<text>
meets the workforce development and employment needs of local employers and participants.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="ID99865f494053474ca2adaf91a8226a20">
<enum>
(3)
</enum>
<header>
Local
criteria
</header>
<text>
Consistent with the criteria developed under paragraph
(1) by the State, a local board in the State may develop additional criteria
(or higher levels of service coordination than required for the State-developed
criteria) relating to service coordination achieved by the one-stop delivery
system, for purposes of assessments described in paragraph (1), in order to
respond to labor market, economic, and demographic, conditions and trends in
the local area.
</text>
</paragraph>
<paragraph id="ida22935b00a0c4bbdade383bc84a4e71f">
<enum>
(4)
</enum>
<header>
Effect of certification
</header>
<text>
One-stop centers certified under this subsection shall be eligible to receive the infrastructure
funding described in subsection (h).
</text>
</paragraph>
<paragraph id="ID94d9cad364d1464f9b61a777c0827f33">
<enum>
(5)
</enum>
<header>
Review and
update
</header>
<text>
The criteria and procedures established under this
subsection shall be reviewed and updated by the State board or the local board,
as the case may be, as part of the biennial process for review and modification
of State and local plans described in sections 102(c)(2) and 108(a).
</text>
</paragraph>
</subsection>
<subsection id="ID03ac6e4370c64e1eb4fb8acccfdaeef6">
<enum>
(h)
</enum>
<header>
Funding of
one-stop infrastructure
</header>
<paragraph id="ID980447ec8ab84dbf87a943e14d47bbd0">
<enum>
(1)
</enum>
<header>
In
general
</header>
<subparagraph id="ID4252499d3d934a64ab7431a1edcb989e">
<enum>
(A)
</enum>
<header>
Options for
infrastructure funding
</header>
<clause id="ID11be762df1644ea79ce8a13398a2caf1">
<enum>
(i)
</enum>
<header>
Local
options
</header>
<text>
The local board, chief elected officials, and one-stop
partners described in subsection (b)(1) in a local area may fund the costs of
infrastructure of one-stop centers in the local area through—
</text>
<subclause id="ID58591c56e5ae41cdb8c6811a74694b1a">
<enum>
(I)
</enum>
<text>
methods agreed on
by the local board, chief elected officials, and one-stop partners (and described
in the memorandum of understanding described in subsection (c)); or
</text>
</subclause>
<subclause id="IDd4fa804667ab4e3cba2bbbf75c90794a">
<enum>
(II)
</enum>
<text>
if no consensus agreement on methods is reached under subclause (I), the
State infrastructure funding mechanism described in paragraph (2).
</text>
</subclause>
</clause>
<clause id="ID2de9bd252528433f93d5a78509c8d65c">
<enum>
(ii)
</enum>
<header>
Failure to
reach consensus agreement on funding methods
</header>
<text>
Beginning July 1,
2016, if the local board, chief elected officials, and one-stop partners
described in subsection (b)(1) in a local area fail to reach consensus
agreement on methods of sufficiently funding the costs of infrastructure of
one-stop centers for a program year, the State infrastructure funding mechanism
described in paragraph (2) shall be applicable to such local area for that
program year and for each subsequent program year for which those entities and
individuals fail to reach such agreement.
</text>
</clause>
</subparagraph>
<subparagraph id="IDc4d4e854f18a4717bc644c6a7333329c">
<enum>
(B)
</enum>
<header>
Guidance for
infrastructure funding
</header>
<text>
In addition to carrying out the
requirements relating to the State infrastructure funding mechanism described
in paragraph (2), the Governor, after consultation with chief elected
officials, local boards, and the State board, and consistent with the guidance
and policies provided by the State board under subparagraphs (B) and (C)(i) of
section 101(d)(7), shall provide, for the use of local areas under subparagraph
(A)(i)(I)—
</text>
<clause id="ID7caaa224d376482f8bfb475d96521fd9">
<enum>
(i)
</enum>
<text>
guidelines for
State-administered one-stop partner programs, for determining such programs’
contributions to a one-stop delivery system, based on such programs'
proportionate use of such system consistent with chapter II of title 2, Code of
Federal Regulations (or any corresponding similar regulation or ruling),
including determining funding for the costs of infrastructure, which
contributions shall be negotiated pursuant to the memorandum of understanding
under subsection (c); and
</text>
</clause>
<clause id="ID969f94acb56943e3aaf7d500e926fa7d">
<enum>
(ii)
</enum>
<text>
guidance to
assist local boards, chief elected officials, and one-stop partners in local
areas in determining equitable and stable methods of funding the costs of
infrastructure of one-stop centers in such areas.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="ID4abdbef43f3a4abc9656f96782de1c80">
<enum>
(2)
</enum>
<header>
State one-stop
infrastructure funding
</header>
<subparagraph id="idB3D12A2DCE184643B27A3380E86B5803">
<enum>
(A)
</enum>
<header>
Definition
</header>
<text>
In
this paragraph, the term
<term>
covered portion
</term>
, used with respect to
funding for a fiscal year for a program described in subsection (b)(1), means a
portion determined under subparagraph (C) of the Federal funds provided to a
State (including local areas within the State) under the Federal law
authorizing that program described in subsection (b)(1) for the fiscal year
(taking into account the availability of funding for purposes related to
infrastructure from philanthropic organizations, private entities, or other
alternative financing options).
</text>
</subparagraph>
<subparagraph id="ID55041dd0adf64e65b76f91902cb56e4b">
<enum>
(B)
</enum>
<header>
Partner
contributions
</header>
<text>
Subject to subparagraph (D), for local areas in a
State that are not covered by paragraph (1)(A)(i)(I), the covered portions of
funding for a fiscal year shall be provided to the Governor from the programs
described in subsection (b)(1), to assist in paying the costs of infrastructure
of one-stop centers in those local areas of the State not adequately funded
under the option described in paragraph (1)(A)(i)(I).
</text>
</subparagraph>
<subparagraph id="ID024e56c727f24ee9b19dc10b186d85ea">
<enum>
(C)
</enum>
<header>
Determination
of Governor
</header>
<clause id="ID482af47bb6b04955ba75cc49e61eadb6">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
Subject to clause (ii) and subparagraph (D), the
Governor, after consultation with chief elected officials, local boards, and
the State board, shall determine the portion of funds to be provided under
subparagraph (B) by each one-stop partner from each program described in
subparagraph (B). In making such determination for the purpose of determining
funding contributions, for funding pursuant to clause (i)(II) or (ii) of
paragraph (1)(A) by each partner, the Governor shall calculate amounts for the
proportionate use of the one-stop centers in the State, consistent with chapter
II of title 2, Code of Federal Regulations (or any corresponding similar
regulation or ruling), taking into account the costs of administration of the
one-stop delivery system for purposes not related to one-stop centers, for each
partner. The Governor shall exclude from such determination of funds the
amounts for proportionate use of one-stop centers attributable to the programs
of one-stop partners for those local areas of the State where the costs of
infrastructure of one-stop centers are funded under the option described in
paragraph (1)(A)(i)(I). The Governor shall also take into account the statutory
requirements for each partner program and the partner program’s ability to
fulfill such requirements.
</text>
</clause>
<clause id="IDb25358a139a24f23b6c5464db25972c7">
<enum>
(ii)
</enum>
<header>
Special
rule
</header>
<text>
In a State in which the State constitution or a State
statute places policymaking authority that is independent of the authority of
the Governor in an entity or official with respect to the funds provided for
adult education and literacy activities authorized under title II,
postsecondary career and technical education activities authorized under the
Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.), or vocational rehabilitation services offered under a provision covered
by section 3(13)(D), the determination described in clause (i) with respect
to the programs authorized under that title, Act, or provision shall be made
by the chief officer of the entity, or the official, with such authority in
consultation with the Governor.
</text>
</clause>
</subparagraph>
<subparagraph id="ID11ac708b6c2d4ad5bfae666226c24323">
<enum>
(D)
</enum>
<header>
Limitations
</header>
<clause id="ID3e7a9ee6ad1f4fdc8bfee7afb431440a">
<enum>
(i)
</enum>
<header>
Provision from
administrative funds
</header>
<subclause id="id5E55DEF6BB1F41618BEF2D8A237CDABC">
<enum>
(I)
</enum>
<header>
In
general
</header>
<text>
Subject to subclause (II), the funds provided under this
paragraph by each one-stop partner shall be provided only from funds available
for the costs of administration under the program administered by such partner,
and shall be subject to the program's limitations with respect to the portion
of funds under such program that may be used for administration.
</text>
</subclause>
<subclause commented="no" id="idFD2B4325F9E94425A5713DEC9F675E74">
<enum>
(II)
</enum>
<header>
Exceptions
</header>
<text>
Nothing
in this clause shall be construed to apply to the programs carried out under
this title, or under title V of the Older Americans Act of 1965 (42 U.S.C. 3056
et seq.).
</text>
</subclause>
</clause>
<clause id="idE13EAD51B53842A6B8A89E06CB2578D1">
<enum>
(ii)
</enum>
<header>
Cap
on required contributions
</header>
<text>
For local areas in a State that are not
covered by paragraph (1)(A)(i)(I), the following rules shall apply:
</text>
<subclause id="ID77878c6bb4444b71bf93eebd9ae6861f">
<enum>
(I)
</enum>
<header>
Wia formula
programs and employment service
</header>
<text>
The portion of funds required to
be contributed under this paragraph from a program authorized under chapter 2
or 3, or the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) shall not exceed 3
percent of the amount of Federal funds provided to carry out that program in
the State for a fiscal year.
</text>
</subclause>
<subclause id="ID84e9c6e6356145ceb0652b21926ae20e">
<enum>
(II)
</enum>
<header>
Other one-stop
partners
</header>
<text>
The portion of funds required to be contributed under
this paragraph from a program described in subsection (b)(1) other than the
programs described in subclause (I) shall not exceed 1.5 percent of the amount of
Federal funds provided to carry out that program in the State for a fiscal
year.
</text>
</subclause>
<subclause commented="no" id="IDb337191ea5aa4f9f97e3dc8b6be21214">
<enum>
(III)
</enum>
<header>
Vocational
rehabilitation
</header>
<text>
Notwithstanding subclauses (I) and (II), an entity
administering a program described in subsection (b)(1)(B)(iv) shall not be
required to provide from that program, under this paragraph, a portion that
exceeds—
</text>
<item commented="no" id="IDa3770fc33a154044884479ceac45bac3">
<enum>
(aa)
</enum>
<text>
0.75 percent of
the amount of Federal funds provided to carry out such program in the State for
the second full program year that begins after the date of enactment of this
Act;
</text>
</item>
<item commented="no" id="IDfeb3bac85de24b5eaa553cf1717adb7c">
<enum>
(bb)
</enum>
<text>
1.0 percent of
the amount provided to carry out such program in the State for the third full
program year that begins after such date;
</text>
</item>
<item commented="no" id="ID793b580f66f84cf380cd00e612ceb965">
<enum>
(cc)
</enum>
<text>
1.25 percent of
the amount provided to carry out such program in the State for the fourth full
program year that begins after such date; and
</text>
</item>
<item commented="no" id="IDd4b3cf9c5b54468badbf67f4170327d8">
<enum>
(dd)
</enum>
<text>
1.5 percent of
the amount provided to carry out such program in the State for the fifth and
each succeeding full program year that begins after such date.
</text>
</item>
</subclause>
</clause>
<clause id="IDbcb8a261025745369d30217be0dd583c">
<enum>
(iii)
</enum>
<header>
Federal
direct spending programs
</header>
<text>
For local areas in a State that are not
covered by paragraph (1)(A)(i)(I), an entity administering a program funded
with direct spending as defined in section 250(c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as in effect on February 15, 2014 (2 U.S.C.
900(c)(8)) shall not be required to provide, for purposes of this paragraph, an
amount in excess of the amount determined under subparagraph (C)(i) to be
equivalent to the cost of the proportionate use of the one-stop centers for the
one-stop partner for such program in the State.
</text>
</clause>
<clause id="ID1ceafb5b6b104d3781c2f00173f9796e">
<enum>
(iv)
</enum>
<header>
Native
American programs
</header>
<text>
One-stop partners for Native American programs
established under section 166 shall not be subject to the provisions of this
subsection (other than this clause) or subsection (i). For purposes of
subsection (c)(2)(A)(ii)(II), the method for determining the appropriate
portion of funds to be provided by such partners to pay for the costs of
infrastructure of a one-stop center shall be determined as part of the
development of the memorandum of understanding under subsection (c) for the
one-stop center and shall be stated in the memorandum.
</text>
</clause>
</subparagraph>
<subparagraph id="IDfc7641268a284476a359d378ea58f57f">
<enum>
(E)
</enum>
<header>
Appeal by
one-stop partners
</header>
<text>
The Governor shall establish a process,
described under section 102(b)(2)(D)(i)(IV), for a one-stop partner
administering a program described in subsection (b)(1) to appeal a
determination regarding the portion of funds to be provided under this
paragraph. Such a determination may be appealed under the process on the basis
that such determination is inconsistent with the requirements of this
paragraph. Such process shall ensure prompt resolution of the appeal in order
to ensure the funds are distributed in a timely manner, consistent with the
requirements of section 182(e).
</text>
</subparagraph>
</paragraph>
<paragraph id="ID7449d325202f4731a8054c68b62f67dd">
<enum>
(3)
</enum>
<header>
Allocation by
Governor
</header>
<subparagraph id="id6F72F50305D24680B1AB3112B50BFBC7">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
From the funds provided under paragraph (1), the Governor
shall allocate the funds to local areas described in subparagraph (B) in
accordance with the formula established under subparagraph (B) for the purposes
of assisting in paying the costs of infrastructure of one-stop centers.
</text>
</subparagraph>
<subparagraph id="ID0a9e26377715489e8209be1a02d7ba6c">
<enum>
(B)
</enum>
<header>
Allocation
formula
</header>
<text>
The State board shall develop a formula to be used by the
Governor to allocate the funds provided under paragraph (1) to local areas not
funding costs of infrastructure under the option described in paragraph
(1)(A)(i)(I). The formula shall be based on factors including the number of
one-stop centers in a local area, the population served by such centers, the
services provided by such centers, and other factors relating to the
performance of such centers that the State board determines are
appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID1a439adfbd284bfdb9d9af8ca4cd4f61">
<enum>
(4)
</enum>
<header>
Costs of
infrastructure
</header>
<text>
In this subsection, the term
<quote>
costs of
infrastructure
</quote>
, used with respect to a one-stop center, means the
nonpersonnel costs that are necessary for the general operation of the one-stop
center, including the rental costs of the facilities, the costs of utilities
and maintenance, equipment (including assessment-related products and assistive
technology for individuals with disabilities), and technology to facilitate
access to the one-stop center, including the center’s planning and outreach
activities.
</text>
</paragraph>
</subsection>
<subsection id="IDee2ac9fb2e2e411a8173034060d2776b">
<enum>
(i)
</enum>
<header>
Other
funds
</header>
<paragraph id="ID851cbe089a4941ab91208244f05b0e14">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Subject to the memorandum of understanding described in
subsection (c) for the one-stop delivery system involved, in addition to the
funds provided to carry out subsection (h), a portion of funds made available
under Federal law authorizing the programs described in subsection (b) and
administered by one-stop partners, or the noncash resources available under
such programs, shall be used to pay the additional costs relating to the
operation of the one-stop delivery system that are not paid from the funds
provided under subsection (h), as determined in accordance with paragraph (3),
to the extent not inconsistent with the Federal law involved. Such costs shall
include the costs of the provision of career services described in section
134(c)(2)
applicable to each program and may include common costs that are not
paid from the funds provided under subsection (h).
</text>
</paragraph>
<paragraph id="IDcacd5d55cd934a1cb5c6185eeb69e5a6">
<enum>
(2)
</enum>
<header>
Shared
services
</header>
<text>
The costs described under paragraph (1) may include
costs of services that are authorized for and may be commonly provided through
the one-stop partner programs to any individual, such as initial intake,
assessment of needs, appraisal of basic skills, identification of appropriate
services to meet such needs, referrals to other one-stop partners, and other
similar services.
</text>
</paragraph>
<paragraph id="ID06f6023c2ecf425ea5a2742cac58251b">
<enum>
(3)
</enum>
<header>
Determination
and guidance
</header>
<text>
The method for determining the appropriate portion
of funds and noncash resources to be provided by the one-stop partner for each
program under paragraph (1) for a one-stop center shall be determined as part
of the development of the memorandum of understanding under subsection (c) for
the one-stop center and shall be stated in the memorandum. The State board
shall provide guidance to facilitate the determination, for purposes of the
memorandum of understanding, of an appropriate allocation of the funds and
noncash resources in local areas, consistent with the requirements of section
101(d)(6)(C).
</text>
</paragraph>
</subsection>
</section>
<section id="idA9C4549C5BE74DDAA5DBF1A9F7E25705">
<enum>
122.
</enum>
<header>
Identification
of eligible providers of training services
</header>
<subsection id="ID7806284bf3aa4934b15262db6acf2733">
<enum>
(a)
</enum>
<header>
Eligibility
</header>
<paragraph id="IDa233fd08507347f6a30178b3d79bbd9a">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Except as provided in subsection (h), the Governor, after
consultation with the State board, shall establish criteria, information
requirements, and procedures regarding the eligibility of providers of training
services to receive funds provided under section 133(b) for the provision of
training services in local areas in the State.
</text>
</paragraph>
<paragraph id="ID5004805f19fb4b7a96e20e0dff71eb44">
<enum>
(2)
</enum>
<header>
Providers
</header>
<text>
Subject
to the provisions of this section, to be eligible to receive those funds for
the provision of training services, the provider shall be—
</text>
<subparagraph id="ID608e06cfb5524d619aa6f853875ef186">
<enum>
(A)
</enum>
<text>
an institution of
higher education that provides a program that leads to a recognized
postsecondary credential;
</text>
</subparagraph>
<subparagraph id="ID9f6e06a3303d4a8daa159f1333b90dbe">
<enum>
(B)
</enum>
<text>
an entity that
carries out programs registered under the Act of August 16, 1937 (commonly
known as the
<quote>
National Apprenticeship Act
</quote>
; 50 Stat. 664, chapter
663;
<external-xref legal-doc="usc" parsable-cite="usc/29/50">
29 U.S.C. 50 et seq.
</external-xref>
); or
</text>
</subparagraph>
<subparagraph id="ID8a81c8f7bc2048dcbfd683699264b25b">
<enum>
(C)
</enum>
<text>
another public or
private provider of a program of training services, which may include joint
labor-management organizations, and eligible providers of adult education and
literacy activities under title II if such activities are provided in
combination with occupational skills training.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID26c4de7acdb14b498abb35c267ef13e1">
<enum>
(3)
</enum>
<header>
Inclusion in
list of eligible providers
</header>
<text>
A provider described in subparagraph
(A) or (C) of paragraph (2) shall comply with the criteria, information
requirements, and procedures established under this section to be included on
the list of eligible providers of training services described in subsection
(d). A provider described in paragraph (2)(B) shall be included and maintained
on the list of eligible providers of training services described in subsection
(d) for so long as the corresponding program of the provider remains registered
as described in paragraph (2)(B).
</text>
</paragraph>
</subsection>
<subsection id="ID58a7840ad11c440ab535476c0eaff589">
<enum>
(b)
</enum>
<header>
Criteria and
information requirements
</header>
<paragraph id="ID4fc99bb9480e4a19b9362c5e42aef5dc">
<enum>
(1)
</enum>
<header>
State
criteria
</header>
<text>
In establishing criteria pursuant to subsection (a), the
Governor shall take into account each of the following:
</text>
<subparagraph id="ID2b95e1fe377d4193a41bc24a6e72e0b4">
<enum>
(A)
</enum>
<text>
The performance
of providers of training services with respect to—
</text>
<clause id="id30E0D99ED2E24DD8A8412315626BB15E">
<enum>
(i)
</enum>
<text>
the
performance accountability measures and other matters for which information is
required under paragraph (2); and
</text>
</clause>
<clause id="id5DDF1731CEBC44E8B92C9D63F9EC6B12">
<enum>
(ii)
</enum>
<text>
other
appropriate measures of performance outcomes determined by the Governor for
those participants receiving training services under this subtitle (taking into
consideration the characteristics of the population served and relevant
economic conditions), and the outcomes of the program through which those
training services were provided for students in general with respect to
employment and earnings as defined under section 116(b)(2).
</text>
</clause>
</subparagraph>
<subparagraph id="ID85c4204574984fb4a88e3563f53e3bce">
<enum>
(B)
</enum>
<text>
The need to
ensure access to training services throughout the State, including in rural areas,
and through the
use of technology.
</text>
</subparagraph>
<subparagraph id="ID7706fe5a90c545f6977bcb671b7724bc">
<enum>
(C)
</enum>
<text>
Information
reported to State agencies with respect to Federal and State programs involving
training services (other than the program carried out under this subtitle),
including one-stop partner programs.
</text>
</subparagraph>
<subparagraph id="id5a6481417a344d1ca5ca0c07ede9cb4a">
<enum>
(D)
</enum>
<text>
The degree to which the training programs of such providers relate to in-demand industry sectors
and
occupations in the State.
</text>
</subparagraph>
<subparagraph id="IDfe86b0dd618d428698f51ad73dc58dbb">
<enum>
(E)
</enum>
<text>
The requirements
for State licensing of providers of training services, and the licensing status
of providers of training services if applicable.
</text>
</subparagraph>
<subparagraph id="ID8c8c6e26d5e740e489a26dca303f5851">
<enum>
(F)
</enum>
<text>
Ways in which the
criteria can encourage, to the extent practicable, the providers to use
industry-recognized certificates or certifications.
</text>
</subparagraph>
<subparagraph id="ID01385730a9d24487b1670372bce22096">
<enum>
(G)
</enum>
<text>
The ability of
the providers to offer programs that lead to recognized postsecondary
credentials.
</text>
</subparagraph>
<subparagraph commented="no" id="idDE7FDAD9E2FB45DFBEBAF87D0F5635F9">
<enum>
(H)
</enum>
<text>
The quality of a
program of training services, including a program of training services that
leads to a recognized postsecondary credential.
</text>
</subparagraph>
<subparagraph id="IDb4523f01eaf140df9e1cdb9d8f7781b9">
<enum>
(I)
</enum>
<text>
The ability of
the providers to provide training services to individuals who are employed and
individuals with barriers to employment.
</text>
</subparagraph>
<subparagraph id="IDcb82132f8f7442aebd0ea8c5453aa393">
<enum>
(J)
</enum>
<text>
Such other
factors as the Governor determines are appropriate to ensure—
</text>
<clause id="ID560b3355be844b0b88e10d52004071bf">
<enum>
(i)
</enum>
<text>
the
accountability of the providers;
</text>
</clause>
<clause id="ID2650d6bb46064e6daa8265b2f9dfe9fd">
<enum>
(ii)
</enum>
<text>
that
the one-stop centers in the State will ensure that such providers meet the
needs of local employers and participants;
</text>
</clause>
<clause id="ID5043dd1aa215488db6b2848bd82ae5c6">
<enum>
(iii)
</enum>
<text>
the
informed choice of participants among training services providers; and
</text>
</clause>
<clause id="ID01ec8cf8b051432f9f716714b10c9173">
<enum>
(iv)
</enum>
<text>
that
the collection of information required to demonstrate compliance with the
criteria is not unduly burdensome or costly to providers.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="IDbc75a03fa17f499dbb2d7000083fbb3c">
<enum>
(2)
</enum>
<header>
State
information requirements
</header>
<text>
The information requirements established
by the Governor shall require that a provider of training services submit
appropriate, accurate, and timely information to the State, to enable the State
to carry out subsection (d), with respect to participants receiving training
services under this subtitle in the applicable program, including—
</text>
<subparagraph id="ID3c0935a6a3f949f4bdbd456b9f21803e">
<enum>
(A)
</enum>
<text>
information on
the performance of the provider with respect to the performance accountability
measures described in section 116 for such participants (taking into
consideration the characteristics of the population served and relevant
economic conditions), and information specifying the percentage of such
participants who entered unsubsidized employment in an occupation related to
the program, to the extent practicable;
</text>
</subparagraph>
<subparagraph id="ID0f74f2ae9b3b47c6aaa37b466948015e">
<enum>
(B)
</enum>
<text>
information on
recognized postsecondary credentials received by such participants;
</text>
</subparagraph>
<subparagraph id="IDe6f65716347a49ce9e9fa4b13a44d207">
<enum>
(C)
</enum>
<text>
information on
cost of attendance, including costs of tuition and fees, for participants in the
program;
</text>
</subparagraph>
<subparagraph id="ID0871e3735ea148008b4610ab2496b438">
<enum>
(D)
</enum>
<text>
information on
the program completion rate for such participants; and
</text>
</subparagraph>
<subparagraph id="id2E13D0763F0C4E5C96921E5F7980C7BC">
<enum>
(E)
</enum>
<text>
information on
the criteria described in paragraph (1).
</text>
</subparagraph>
</paragraph>
<paragraph id="IDde64bdeda52044129ec64a8a953411d3">
<enum>
(3)
</enum>
<header>
Local criteria
and information requirements
</header>
<text>
A local board in the State may
establish criteria and information requirements in addition to the criteria and
information requirements established by the Governor, or may require higher
levels of performance than required for the criteria established by the
Governor, for purposes of determining the eligibility of providers of training
services to receive funds described in subsection (a) for the provision of
training services in the local area involved.
</text>
</paragraph>
<paragraph id="ID687d5cd740804a629afd69bd240eddea">
<enum>
(4)
</enum>
<header>
Criteria and
information requirements to establish initial eligibility
</header>
<subparagraph id="id46C06C78E99D45C88D3478411BE16C97">
<enum>
(A)
</enum>
<header>
Purpose
</header>
<text>
The
purpose of this paragraph is to enable the providers of programs carried out
under chapter 3 to offer the highest quality training services and be
responsive to in-demand and emerging industries by providing training services
for those industries.
</text>
</subparagraph>
<subparagraph id="IDb750e0a2448c4984b720d2563175dfb8">
<enum>
(B)
</enum>
<header>
Initial
eligibility
</header>
<text>
Providers may seek initial eligibility under this
paragraph as providers of training services and may receive that initial
eligibility for only 1 fiscal year for a particular program. The
criteria and information
requirements established by the Governor under this paragraph shall require
that a provider who has not previously been an eligible provider of training
services under this section (or section 122 of the Workforce Investment Act of
1998, as in effect on the day before the date of enactment of this Act) provide
the information described in subparagraph (C).
</text>
</subparagraph>
<subparagraph id="ID19569097319c4113b9d8e59aee4668fa">
<enum>
(C)
</enum>
<header>
Information
</header>
<text>
The
provider shall provide verifiable program-specific performance information
based on criteria established by the State as described in subparagraph (D)
that supports the provider’s ability to serve participants under this
subtitle.
</text>
</subparagraph>
<subparagraph id="id226561746D80441280A439257C27C172">
<enum>
(D)
</enum>
<header>
Criteria
</header>
<text>
The
criteria described in subparagraph (C) shall include at least—
</text>
<clause id="idC6139A7FEE844B3580E18E68BD0EF66A">
<enum>
(i)
</enum>
<text>
a
factor related to indicators described in section 116;
</text>
</clause>
<clause id="id51212C8D29F243C88FBEA2C54C400E2E">
<enum>
(ii)
</enum>
<text>
a
factor concerning whether the provider is in a partnership with
business;
</text>
</clause>
<clause id="id5FD4895E58CB4F47963F82AD31B98D8F">
<enum>
(iii)
</enum>
<text>
other
factors that indicate high-quality training services, including the factor
described
in paragraph (1)(H); and
</text>
</clause>
<clause id="idFBE41FBBA5854E23A7E51BE06874DF79">
<enum>
(iv)
</enum>
<text>
a
factor concerning alignment of the training services with in-demand industry
sectors and
occupations, to the extent
practicable.
</text>
</clause>
</subparagraph>
<subparagraph id="IDdf9cdfc4df7a443dade2c6d5c097aed5">
<enum>
(E)
</enum>
<header>
Provision
</header>
<text>
The
provider shall provide the information described in subparagraph (C) to the
Governor and the local board in a manner that will permit the Governor and the
local board to make a decision on inclusion of the provider on the list of
eligible providers described in subsection (d).
</text>
</subparagraph>
<subparagraph id="idaf79ffa96ef949a8b860013a01db1147">
<enum>
(F)
</enum>
<header>
Limitation
</header>
<text>
A provider that receives initial eligibility under this paragraph for a program shall be subject to
the requirements under subsection (c) for that
program after such initial eligibility
expires.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="ID62c66bf9337f4cae8d8daa6397f30eb1">
<enum>
(c)
</enum>
<header>
Procedures
</header>
<paragraph id="id3568BB9E8799458396722BB6BA0CB5F2">
<enum>
(1)
</enum>
<header>
Application
procedures
</header>
<text>
The procedures established under subsection (a) shall
identify the application process for a provider of training services to become
eligible to receive funds provided under section 133(b) for the provision of
training services. The procedures shall identify the respective roles of the
State and local areas in receiving and reviewing the applications and in making
determinations of such eligibility based on the criteria, information, and
procedures established under this section. The procedures shall also establish
a process for a provider of training services to appeal a denial or termination
of eligibility under this section that includes an opportunity for a hearing
and prescribes appropriate time limits to ensure prompt resolution of the
appeal.
</text>
</paragraph>
<paragraph id="ID6ad16f82011d481a94730fc0593c5d68">
<enum>
(2)
</enum>
<header>
Renewal
procedures
</header>
<text>
The procedures established by the Governor shall also
provide for biennial review and renewal of eligibility under this section for
providers of training services.
</text>
</paragraph>
</subsection>
<subsection id="IDe8168e7fed6641a8b356f4e4d9b278cd">
<enum>
(d)
</enum>
<header>
List and
information to assist participants in choosing providers
</header>
<paragraph id="id8A08963B04B443349EDCE8D11BDC6FFA">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In order to facilitate and assist participants in
choosing employment and training activities and in choosing providers of
training services, the Governor shall ensure that an appropriate list of
providers determined to be eligible under this section to offer a program in
the State (and, as appropriate, in a local area), accompanied by information
identifying the recognized postsecondary credential offered by the provider and
other appropriate information, is prepared. The list shall be provided to the local
boards in the State, and made available to such participants and to
members of the public through
the one-stop delivery system in
the State.
</text>
</paragraph>
<paragraph id="id73D0EFA916174EC89086AA3676389F12">
<enum>
(2)
</enum>
<header>
Accompanying
information
</header>
<text>
The accompanying information shall—
</text>
<subparagraph id="idB62EC02758A34D84A6B9B92EC6E20E8A">
<enum>
(A)
</enum>
<text>
with respect to
providers described in subparagraphs (A) and (C) of subsection (a)(2), consist
of information provided by such providers, disaggregated by local areas served,
as applicable, in accordance with subsection (b);
</text>
</subparagraph>
<subparagraph id="id3825799205F949DF8AA31D6B3E268928">
<enum>
(B)
</enum>
<text>
with respect to
providers described in subsection (b)(4), consist of information provided by
such providers in accordance with subsection (b)(4); and
</text>
</subparagraph>
<subparagraph id="id16AFAA83A5D54A42BF6E179305229709">
<enum>
(C)
</enum>
<text>
such other
information as the Governor determines to be appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="id430DCCDB2B8040D5B57C73C2BC492C5E">
<enum>
(3)
</enum>
<header>
Availability
</header>
<text>
The
list and the accompanying information shall be made available to such
participants and to members of the public through the one-stop delivery system
in the State, in a manner that does not reveal personally identifiable
information about an individual participant.
</text>
</paragraph>
<paragraph id="ide9f61c540c814892bc25ee6189336afa">
<enum>
(4)
</enum>
<header>
Limitation
</header>
<text>
In carrying out the requirements of this subsection, no personally identifiable information
regarding a student, including a Social Security number, student
identification number, or other identifier, may be disclosed without the
prior written consent of the parent or student in compliance with
section 444 of the General Education Provisions Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1232g">
20 U.S.C. 1232g
</external-xref>
).
</text>
</paragraph>
</subsection>
<subsection id="IDf0d6ce6f92c34429bee8763f2cdd73c4">
<enum>
(e)
</enum>
<header>
Opportunity to
submit comments
</header>
<text>
In establishing, under this section, criteria,
information requirements, procedures, and the list of eligible providers
described in subsection (d), the Governor shall provide an opportunity for
interested members of the public to make recommendations and submit comments
regarding such criteria, information requirements, procedures, and list.
</text>
</subsection>
<subsection id="ID8367f16eff474c28b2b5c24d5dba4f8c">
<enum>
(f)
</enum>
<header>
Enforcement
</header>
<paragraph id="ID908bf1c1f178405cb0703d198c1518da">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The procedures established under this section shall
provide the following:
</text>
<subparagraph id="IDcbec1eec73194a74ba5424e9200f31be">
<enum>
(A)
</enum>
<header>
Intentionally
supplying inaccurate information
</header>
<text>
Upon a determination, by an
individual or entity specified in the procedures, that a provider of training
services, or individual providing information on behalf of the provider,
violated this section (or section 122 of the Workforce Investment Act of 1998,
as in effect on the day before the date of enactment of this Act) by
intentionally supplying inaccurate information under this section, the
eligibility of such provider to receive funds under chapter 3 shall be
terminated for a period of time that is not less than 2 years.
</text>
</subparagraph>
<subparagraph id="ID796e0b9714aa4efaa773cb243072bbb3">
<enum>
(B)
</enum>
<header>
Substantial
violations
</header>
<text>
Upon a determination, by an individual or entity
specified in the procedures, that a provider of training services substantially
violated any requirement under this title (or title I of the Workforce
Investment Act of 1998, as in effect on the day before such date of enactment),
the eligibility of such provider to receive funds under chapter 3 for the
program involved shall be terminated for a period of not less than 2 years.
</text>
</subparagraph>
<subparagraph id="ID35fefd359c184ad2b25aff15f17083b6">
<enum>
(C)
</enum>
<header>
Repayment
</header>
<text>
A
provider of training services whose eligibility is terminated under
subparagraph (A) or (B) shall be liable for the repayment of funds received
under chapter 5 of subtitle B of title I of the Workforce Investment Act of
1998, as in effect on the day before such date of enactment, or chapter 3 of
this subtitle during a period of violation described in such
subparagraph.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID4ca275c5e04a47c88f757faa94005b08">
<enum>
(2)
</enum>
<header>
Construction
</header>
<text>
Paragraph
(1) shall be construed to provide remedies and penalties that supplement, but
shall not supplant, civil and criminal remedies and penalties specified in
other provisions of law.
</text>
</paragraph>
</subsection>
<subsection id="ID3e075c9ba0fa4942a11e995090a6b272">
<enum>
(g)
</enum>
<header>
Agreements with
other States
</header>
<text>
States may enter into agreements, on a reciprocal
basis, to permit eligible providers of training services to accept individual
training accounts provided in another State.
</text>
</subsection>
<subsection id="ID875550c0c3a54cda9f6e776f0cae2fba">
<enum>
(h)
</enum>
<header>
On-the-job
training, customized training, incumbent worker training, and other training
exceptions
</header>
<paragraph id="ID973ead20dd774531935622aaba7de0c3">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Providers of on-the-job training, customized training,
incumbent worker training, internships, and paid or unpaid work experience
opportunities, or transitional employment shall not be subject to the
requirements of subsections (a) through (f).
</text>
</paragraph>
<paragraph id="ID49d6ee3de4c14cfd988ebdd434136461">
<enum>
(2)
</enum>
<header>
Collection and
dissemination of information
</header>
<text>
A one-stop operator in a local area
shall collect such performance information from providers of on-the-job
training, customized training, incumbent worker training, internships, paid or
unpaid work experience opportunities, and transitional employment as the
Governor may require, and use the information to determine whether the
providers meet such performance criteria as the Governor may require. The
one-stop operator shall disseminate information identifying such providers that
meet the criteria as eligible providers, and the performance information,
through the one-stop delivery system. Providers determined to meet the criteria
shall be considered to be identified as eligible providers of training
services.
</text>
</paragraph>
</subsection>
<subsection id="IDa7d042e714f144038558281feb20b0d2">
<enum>
(i)
</enum>
<header>
Transition
period for implementation
</header>
<text>
The Governor and local boards shall
implement the requirements of this section not later than 12 months after the
date of enactment of this Act. In order to facilitate early implementation of
this section, the Governor may establish transition procedures under which
providers eligible to provide training services under chapter 5 of subtitle B
of title I of the Workforce Investment Act of 1998, as such chapter was in
effect on the day before the date of enactment of this Act, may continue to be
eligible to provide such services until December 31, 2015, or until such
earlier date as the Governor determines to be appropriate.
</text>
</subsection>
</section>
<section id="ID0b247dcf47c547b2b37ecb9f81e93726">
<enum>
123.
</enum>
<header>
Eligible
providers of youth workforce investment activities
</header>
<subsection id="IDf76b913dc5d84d55ab973bc06e8a8a74">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
From the funds allocated under section 128(b) to a local
area, the local board for such area shall award grants or contracts on a
competitive basis to providers of youth workforce investment activities
identified based on the criteria in the State plan (including such quality
criteria as the Governor shall establish for a training program that leads to a
recognized postsecondary credential), and taking into consideration the ability of
the providers to meet performance accountability measures based on primary
indicators of performance for the youth program as described in section
116(b)(2)(A)(ii)), as described in section 102(b)(2)(D)(i)(V),
and shall conduct oversight with respect to such
providers.
</text>
</subsection>
<subsection id="ID8936fb40e58a4010b48111a86c18e960">
<enum>
(b)
</enum>
<header>
Exceptions
</header>
<text>
A
local board may award grants or contracts on a sole-source basis if such board
determines there is an insufficient number of eligible providers of youth
workforce investment activities in the local area involved (such as a rural
area) for grants and contracts to be awarded on a competitive basis under
subsection (a).
</text>
</subsection>
</section>
</chapter>
<chapter id="id58B60EE8D9594AEBAA9607DB38BF2E33">
<enum>
2
</enum>
<header>
Youth
workforce investment activities
</header>
<section id="id0FA756AA8C784001BF601D7F1F5528E7">
<enum>
126.
</enum>
<header>
General
authorization
</header>
<text display-inline="no-display-inline">
The Secretary
shall make an allotment under section 127(b)(1)(C) to each State that meets the
requirements of section 102 or 103 and a grant under section 127(b)(1)(B) to
each outlying area that complies with the requirements of this title, to assist
the State or outlying area, and to enable the State or outlying area to assist
local areas, for the purpose of providing workforce investment activities for
eligible youth in the State or outlying area and in the local areas.
</text>
</section>
<section id="ID14e41b1e64bb42ceb2e8b66da23bf87a">
<enum>
127.
</enum>
<header>
State
allotments
</header>
<subsection id="IDf53d561800f84f6d9a11a19c00c7d591">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall—
</text>
<paragraph id="ID8884E7CB01524FED95513D1D9B4DC93E">
<enum>
(1)
</enum>
<text>
for
each fiscal year for which the amount appropriated under section 136(a) exceeds
$925,000,000, reserve 4 percent of the excess amount
to provide youth workforce investment
activities under section 167 (relating to migrant and seasonal farmworkers);
and
</text>
</paragraph>
<paragraph id="ID0F04740A86DC4EDCA278ACA3C82A8817">
<enum>
(2)
</enum>
<text>
use
the remainder of the amount appropriated under section 136(a) for a fiscal year
to make allotments and grants in accordance with subsection (b).
</text>
</paragraph>
</subsection>
<subsection id="IDc2776b3ff2854c47ba5e6bacf96b96f7">
<enum>
(b)
</enum>
<header>
Allotment among
States
</header>
<paragraph id="ID60adc5c2d71d443ca37ef5f6ef1e5a43">
<enum>
(1)
</enum>
<header>
Youth workforce
investment activities
</header>
<subparagraph id="ID0e16f9633efa4ab99d0d358bfc259520">
<enum>
(A)
</enum>
<header>
Native
americans
</header>
<text>
From the amount appropriated under section 136(a) for a
fiscal year that is not reserved under subsection (a)(1), the Secretary shall
reserve not more than 1
<fraction>
1/2
</fraction>
percent of such amount to
provide youth workforce investment activities under section 166 (relating to
Native Americans).
</text>
</subparagraph>
<subparagraph id="ID13fdf1fce6ae4111900c30d5ec5c45cf">
<enum>
(B)
</enum>
<header>
Outlying
areas
</header>
<clause id="ID6c2cbfe9225a497eaaf9060689215936">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
From the amount appropriated under section 136(a) for
each fiscal year that is not reserved under subsection (a)(1) and subparagraph
(A), the Secretary shall reserve not more than
<fraction>
1/4
</fraction>
of 1
percent of such amount to provide assistance to the outlying areas to carry out
youth workforce investment activities and statewide workforce investment
activities.
</text>
</clause>
<clause commented="no" id="IDe739295ca0254937a157311222471b34">
<enum>
(ii)
</enum>
<header>
Limitation for
outlying areas
</header>
<subclause commented="no" id="ID9239c87cc8ab46ad9e64c0ffbfc0ba89">
<enum>
(I)
</enum>
<header>
Competitive
grants
</header>
<text>
The Secretary shall use funds reserved under clause (i) to
award grants to outlying areas to carry out youth workforce investment
activities and statewide workforce investment activities.
</text>
</subclause>
<subclause commented="no" id="ID078eb6cf73b0499cb3e4cf79f9881221">
<enum>
(II)
</enum>
<header>
Award
basis
</header>
<text>
The Secretary shall award grants pursuant to subclause (I)
on a competitive basis and pursuant to the recommendations of experts in the
field of employment and training, working through the Pacific Region
Educational Laboratory in Honolulu, Hawaii.
</text>
</subclause>
<subclause commented="no" id="ID3ca89a239edf44a3b5b6329c630b42af">
<enum>
(III)
</enum>
<header>
Administrative
costs
</header>
<text>
The Secretary may provide not more than 5 percent of the
funds made available for grants under subclause (I) to pay the administrative
costs of the Pacific Region Educational Laboratory in Honolulu, Hawaii,
regarding activities assisted under this clause.
</text>
</subclause>
</clause>
<clause commented="no" id="ID7d2282ec05304314889e1ba1e6a5f362">
<enum>
(iii)
</enum>
<header>
Additional
requirement
</header>
<text>
The provisions of section 501 of
<external-xref legal-doc="public-law" parsable-cite="pl/95/134">
Public Law 95–134
</external-xref>
(
<external-xref legal-doc="usc" parsable-cite="usc/48/1469a">
48 U.S.C. 1469a
</external-xref>
), permitting the consolidation of grants by the outlying
areas, shall not apply to assistance provided to those areas, including Palau,
under this subparagraph.
</text>
</clause>
</subparagraph>
<subparagraph id="IDb5b6a68683fa4350ad70404103d8c841">
<enum>
(C)
</enum>
<header>
States
</header>
<clause id="IDf42e76cd8e624cc9bcdb7acda57d01ac">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
From the remainder of the amount appropriated under
section 136(a) for a fiscal year that exists after the Secretary determines the
amounts to be reserved under subsection (a)(1) and subparagraphs (A) and (B),
the Secretary shall make allotments to the States in accordance with clause
(ii) for youth workforce investment activities and statewide workforce investment
activities.
</text>
</clause>
<clause id="ID867E957A21AA4751BEC7B6FF7477CFE9">
<enum>
(ii)
</enum>
<header>
Formula
</header>
<text>
Subject to clauses (iii) and (iv), of the remainder—
</text>
<subclause id="ID557ED246A89946D99BD5EFA8654A82F1">
<enum>
(I)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative number of unemployed individuals in areas
of substantial unemployment in each State, compared to the total number of
unemployed individuals in areas of substantial unemployment in all States;
</text>
</subclause>
<subclause id="ID08069D37B7174ACB812ABA2E3F5476AF">
<enum>
(II)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative excess number of unemployed individuals in
each State, compared to the total excess number of unemployed individuals
in all States; and
</text>
</subclause>
<subclause id="ID6A8DC31DE3B842B5BF72B2A420B85594">
<enum>
(III)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative number of disadvantaged youth in each
State, compared to the total number of disadvantaged youth in all States,
except as described in clause (iii).
</text>
</subclause>
</clause>
<clause id="IDAF8C2E4A27214D67AD5F7B9964748D99">
<enum>
(iii)
</enum>
<header>
Calculation
</header>
<text>
In determining an allotment under clause (ii)(III) for any State in which there is an area that was
designated as a local area as described in section 107(c)(1)(C), the
allotment
shall be based on the higher of—
</text>
<subclause id="ID41AA5BD8F30F42CB88A22B7C470FFA14">
<enum>
(I)
</enum>
<text>
the number of individuals who are age 16 through 21 in families with an income below the low-income
level in such area; or
</text>
</subclause>
<subclause id="ID96D3BC3A58F44BF6AE1C2F780A3377F8">
<enum>
(II)
</enum>
<text>
the number of disadvantaged youth in such area.
</text>
</subclause>
</clause>
<clause id="ID39C5E36072C24B948DED0BAA2DF42124">
<enum>
(iv)
</enum>
<header>
Minimum and maximum percentages and minimum allotments
</header>
<text>
In making allotments under this subparagraph, the Secretary shall ensure the following:
</text>
<subclause id="ID91FC70C212724656BABC3C70EEAF48B6">
<enum>
(I)
</enum>
<header>
Minimum percentage and allotment
</header>
<text>
Subject to subclause (IV), the Secretary shall ensure that no State shall receive an allotment for
a fiscal year that is less than the greater of—
</text>
<item id="ID7F9E318D25C847BCAF002861378D97E2">
<enum>
(aa)
</enum>
<text>
an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal
year; or
</text>
</item>
<item commented="no" id="ID21BAD24E81F145AA9CB79AF94402481C">
<enum>
(bb)
</enum>
<text>
100 percent of the allotments of the State under section 127(b)(1)(C) of the Workforce Investment
Act
of 1998 (as in effect on the day before the date of enactment of this Act)
for fiscal year 2014.
</text>
</item>
</subclause>
<subclause id="ID04EDD7B4918C412D90EAA039983C0F00">
<enum>
(II)
</enum>
<header>
Small state minimum allotment
</header>
<text>
Subject to subclauses (I), (III), and (IV), the Secretary shall ensure that no State shall receive
an allotment under this subparagraph that is less than the total of—
</text>
<item id="IDF8BBCB3C8C09460D819B8723FFDE279E">
<enum>
(aa)
</enum>
<text>
<fraction>
3/10
</fraction>
of 1 percent of $1,000,000,000 of the remainder described in clause (i) for the fiscal year;
and
</text>
</item>
<item id="ID31AFDEDCF6A84872A42905CCE4230851">
<enum>
(bb)
</enum>
<text>
if the remainder described in clause (i) for the fiscal year exceeds $1,000,000,000,
<fraction>
2/5
</fraction>
of 1 percent of the excess.
</text>
</item>
</subclause>
<subclause id="ID7307CF134B344ECB9977F71DD1AFB376">
<enum>
(III)
</enum>
<header>
Maximum percentage
</header>
<text>
Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment
percentage for a fiscal year that is more than 130 percent of the
allotment percentage of the State for the preceding fiscal year.
</text>
</subclause>
<subclause id="ID49B9A89110DC4DAE926B3F1E638064BE">
<enum>
(IV)
</enum>
<header>
Minimum funding
</header>
<text>
In any fiscal year in which the remainder described in clause (i) does not exceed
$1,000,000,000, the minimum allotments under subclauses (I) and (II) shall
be calculated by the methodology specified in section 127(b)(1)(C)(iv)(IV)
of the Workforce Investment Act of 1998 (as in effect
on the day before the date of enactment of this Act).
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="IDED1D2289A4384EA78C7C97CD753EFD24">
<enum>
(2)
</enum>
<header>
Definitions
</header>
<text>
For the purpose of the formula specified in paragraph (1)(C):
</text>
<subparagraph id="IDB35EF2AC787D40DE8B32C91344201129">
<enum>
(A)
</enum>
<header>
Allotment percentage
</header>
<text>
The term
<term>
allotment percentage
</term>
, used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the
remainder described in paragraph (1)(C)(i) that is received through an
allotment made under paragraph (1)(C) for the fiscal year. The term, used
with respect to fiscal year 2014, means the percentage of the amount
allotted to States under section 127(b)(1)(C) of the
Workforce Investment Act of 1998 (as in effect on the day before the date
of
enactment of this Act) that is received under such section by the State
involved for fiscal
year 2014.
</text>
</subparagraph>
<subparagraph id="ID07335086116E44D9BA151841141B5B5E">
<enum>
(B)
</enum>
<header>
Area of substantial unemployment
</header>
<text>
The term
<term>
area of substantial unemployment
</term>
means any area that is of sufficient size and scope to sustain a program of workforce investment
activities carried out under this subtitle and that has an average rate of
unemployment of at least 6.5 percent for the most recent 12 months, as
determined by the Secretary. For purposes of this subparagraph,
determinations of areas of substantial unemployment shall be made once
each fiscal year.
</text>
</subparagraph>
<subparagraph id="ID96A27A45DB6A4806A38E9362286F2E41">
<enum>
(C)
</enum>
<header>
Disadvantaged youth
</header>
<text>
Subject to paragraph (3), the term
<term>
disadvantaged youth
</term>
means an individual who is age 16 through 21 who received an income, or is a member of a family
that received a total family income, that, in relation to family size,
does not exceed the higher of—
</text>
<clause id="IDDD0F4E9033074ABBA265BAD6C253C5B9">
<enum>
(i)
</enum>
<text>
the poverty line; or
</text>
</clause>
<clause id="ID8828B4A6A0444FE6886D3C621EA2BDF7">
<enum>
(ii)
</enum>
<text>
70 percent of the lower living standard income level.
</text>
</clause>
</subparagraph>
<subparagraph id="ID6E33C75EA912438DB25956DD03B1C9C4">
<enum>
(D)
</enum>
<header>
Excess number
</header>
<text>
The term
<term>
excess number
</term>
means, used with respect to the excess number of unemployed individuals within a State, the higher
of—
</text>
<clause id="IDE59B7C3D786F40A8B8427A1E5FD83B0B">
<enum>
(i)
</enum>
<text>
the number that represents the number of unemployed individuals in excess of 4.5 percent of the
civilian labor force in the State; or
</text>
</clause>
<clause id="IDA420B595FA77442391399040E703C8E2">
<enum>
(ii)
</enum>
<text>
the number that represents the number of unemployed individuals in excess of 4.5 percent of the
civilian labor force in areas of substantial unemployment in such State.
</text>
</clause>
</subparagraph>
<subparagraph id="IDFCA1C3428BA44C3F98661684EE642D77">
<enum>
(E)
</enum>
<header>
Low-income level
</header>
<text>
The term
<term>
low-income level
</term>
means $7,000 with respect to income in 1969, and for any later year means that amount that bears
the same relationship to $7,000 as the Consumer Price Index for that year
bears to the Consumer Price Index for 1969, rounded to the nearest $1,000.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="ID8835599FF58E4F1DB61039CC74FCBC88">
<enum>
(3)
</enum>
<header>
Special rule
</header>
<text>
For the purpose of the formula specified in paragraph (1)(C), the Secretary shall, as appropriate
and to the extent practicable, exclude college students and members of the
Armed Forces from the determination of the number of disadvantaged youth.
</text>
</paragraph>
</subsection>
<subsection id="IDa6fbc51581624546a7b14348b3231980">
<enum>
(c)
</enum>
<header>
Reallotment
</header>
<paragraph id="ID7cfb6849b1264e109450410d322d4c8e">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall, in accordance with this subsection,
reallot to eligible States amounts that are made available to States from
allotments made under this section or a corresponding provision of the
Workforce Investment Act of 1998 for youth workforce investment activities and
statewide workforce investment activities (referred to individually in this
subsection as a
<quote>
State allotment
</quote>
) and that are available for
reallotment.
</text>
</paragraph>
<paragraph id="IDbacf0eb7158c4d3cb8e65db921ef59a5">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text>
The
amount available for reallotment for a program year is equal to the amount by
which the unobligated balance of the State allotment, at the end of
the program year prior to the program year for which the determination under this
paragraph is made,
exceeds 20 percent of such allotment for the prior program year.
</text>
</paragraph>
<paragraph id="ID6a1d9f868e8a4cb49797af231792de2f">
<enum>
(3)
</enum>
<header>
Reallotment
</header>
<text>
In
making reallotments to eligible States of amounts available pursuant to
paragraph (2) for a program year, the Secretary shall allot to each eligible
State an amount based on the relative amount of the State allotment for the
program year for which the determination is made, as compared to the total
amount of the State allotments for all eligible States for such program
year.
</text>
</paragraph>
<paragraph id="IDe158845e487a46febb072cd9f62efaf7">
<enum>
(4)
</enum>
<header>
Eligibility
</header>
<text>
For
purposes of this subsection, an eligible State means a State that does not have
an amount available for reallotment under paragraph (2) for the program year
for which the determination under paragraph (2) is made.
</text>
</paragraph>
<paragraph id="ID28a3f160b0f244b0ba20f5b2cb04d264">
<enum>
(5)
</enum>
<header>
Procedures
</header>
<text>
The
Governor shall prescribe uniform procedures for the obligation of funds by
local areas within the State in order to avoid the requirement that funds be
made available for reallotment under this subsection. The Governor shall
further prescribe equitable procedures for making funds available from the
State and local areas in the event that a State is required to make funds
available for reallotment under this subsection.
</text>
</paragraph>
</subsection>
</section>
<section id="ID12df7ec5367d4277b957b576de23fd69">
<enum>
128.
</enum>
<header>
Within State
allocations
</header>
<subsection id="IDd86fc1caa6584aafa929f040a0491258">
<enum>
(a)
</enum>
<header>
Reservations
for statewide activities
</header>
<paragraph id="ID38446dc997944f8485dea76e1f0d6150">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Governor shall reserve not more than 15 percent of
each of the amounts allotted to the State under section 127(b)(1)(C) and
paragraphs (1)(B) and (2)(B) of section 132(b) for a fiscal year for statewide
workforce investment activities.
</text>
</paragraph>
<paragraph id="ID6f14e6c1ac45464e80ad374b4d26e36d">
<enum>
(2)
</enum>
<header>
Use of
funds
</header>
<text>
Regardless of whether the reserved amounts were allotted
under section 127(b)(1)(C), or under paragraph (1)(B) or (2)(B) of section 132(b),
the Governor may use the reserved amounts to carry out statewide
activities under section 129(b) or statewide employment and training
activities, for adults or dislocated workers, under section 134(a).
</text>
</paragraph>
</subsection>
<subsection id="ID84876d5576814ee29e2c139f5a3369ee">
<enum>
(b)
</enum>
<header>
Within State
allocations
</header>
<paragraph id="id0ebf3e3221394d498d9acfbd008a2087">
<enum>
(1)
</enum>
<header>
Methods
</header>
<text>
The Governor, acting in accordance with the State plan, and after consulting with chief elected
officials and local boards in the local areas, shall allocate the funds
that are allotted
to the State for youth activities and statewide workforce investment
activities under section 127(b)(1)(C) and are not reserved under
subsection (a), in accordance with paragraph (2) or (3).
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="ID8CC0AD05D126492FBB12F472F2998BA0">
<enum>
(2)
</enum>
<header>
Formula allocation
</header>
<subparagraph id="ID546B470921F348F6BF92ADA9652D4DC8">
<enum>
(A)
</enum>
<header>
Youth activities
</header>
<clause id="IDAB7640DB6F014A79B584629348A8140B">
<enum>
(i)
</enum>
<header>
Allocation
</header>
<text>
In allocating the funds described in paragraph (1) to local areas, a State may allocate—
</text>
<subclause id="ID1FA61238351843419A2938D3F50A4D06">
<enum>
(I)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent of the funds on the basis described in section 127(b)(1)(C)(ii)(I);
</text>
</subclause>
<subclause id="IDC5ABF8630FA84FDB9368A45FBD3D6D03">
<enum>
(II)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent of the funds on the basis described in section 127(b)(1)(C)(ii)(II); and
</text>
</subclause>
<subclause id="ID0842789AC2354104B0420521C0BD4BAB">
<enum>
(III)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent of the funds on the basis described in clauses (ii)(III) and (iii) of section
127(b)(1)(C).
</text>
</subclause>
</clause>
<clause id="ID2F9ACCA2099A4C9986EB28BD3B5AC301">
<enum>
(ii)
</enum>
<header>
Minimum percentage
</header>
<text>
The local area shall not receive an
allocation percentage for a fiscal year that is less than 90 percent of
the average allocation percentage of the local area for the 2 preceding
fiscal years. Amounts necessary for increasing such allocations to local
areas to comply with the preceding sentence shall be obtained by ratably
reducing the allocations to be made to other local areas under this
subparagraph.
</text>
</clause>
<clause id="IDEF20594786AF4F66993179D67E907824">
<enum>
(iii)
</enum>
<header>
Definition
</header>
<text>
In this subparagraph, the term
<term>
allocation percentage
</term>
, used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the
funds referred to in clause (i), received through an allocation made under
this subparagraph, for the fiscal year. The term, used with respect to
fiscal year 2013 or 2014, means a percentage of the funds referred
to in section 128(b)(1) of the Workforce Investment Act of 1998 (as in
effect on the day before the date of enactment of this Act), received
through an allocation made under paragraph (2) or (3) of section 128(b) of
the Workforce
Investment Act of 1998 (as so in effect), for the fiscal year 2013 or
2014, respectively.
</text>
</clause>
</subparagraph>
<subparagraph id="ID60F6F78A28AF4B7EA4F7DE1AC4BB67E3">
<enum>
(B)
</enum>
<header>
Application
</header>
<text>
For purposes of carrying out subparagraph (A)—
</text>
<clause id="IDC1F8D63C4603438AB1620505A3A54008">
<enum>
(i)
</enum>
<text>
references in section 127(b) to a State shall be deemed to be references to a local area;
</text>
</clause>
<clause id="ID1B3CC6DF837840EF8C8F3DEB31FACB49">
<enum>
(ii)
</enum>
<text>
references in section 127(b) to all States shall be deemed to be references to all local areas in
the State involved; and
</text>
</clause>
<clause id="IDBC0CC45A015147D8AEB97D8506798F1D">
<enum>
(iii)
</enum>
<text>
except as described in clause (i), references in section 127(b)(1) to the term
<term>
excess number
</term>
shall be considered to be references to the term as defined in section 127(b)(2).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="ID8DACD23381D04E66B5A13A7FF9F384C5">
<enum>
(3)
</enum>
<header>
Youth discretionary allocation
</header>
<text>
In lieu of making the allocation described in paragraph (2), in allocating the funds described
in paragraph (1) to local areas, a State may distribute—
</text>
<subparagraph commented="no" display-inline="no-display-inline" id="id00926A0D4E404DAEA5C1611E8EE6BD20">
<enum>
(A)
</enum>
<text>
a portion equal to not less than 70 percent of the funds in accordance with paragraph (2)(A); and
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="idACBBC84C9FAE4B17BEEFE6864EA40233">
<enum>
(B)
</enum>
<text>
the remaining portion of the funds on the basis of a formula that—
</text>
<clause id="IDFDCBE807B25C491DBDA52D2FAD484BD2">
<enum>
(i)
</enum>
<text>
incorporates additional factors (other than the factors described in paragraph (2)(A)) relating to—
</text>
<subclause id="ID41910A98EC3A4B2981CDA5D433F10248">
<enum>
(I)
</enum>
<text>
excess youth poverty in urban, rural, and suburban local areas; and
</text>
</subclause>
<subclause id="ID64875743CB0C4B8CB9DDA2232191401F">
<enum>
(II)
</enum>
<text>
excess unemployment above the State average in urban, rural, and suburban local areas; and
</text>
</subclause>
</clause>
<clause id="ID72365CC57A0A455A8C061F933A5AEEDA">
<enum>
(ii)
</enum>
<text>
was developed by the State board and approved by the Secretary as part of the State plan.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="ID7b03842916ff4c3ba189633ebede744a">
<enum>
(4)
</enum>
<header>
Local
administrative cost limit
</header>
<subparagraph id="IDb636c97b1409440783ece86fd11ebec7">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Of the amount allocated to a local area under this
subsection and section 133(b) for a fiscal year, not more than 10 percent of
the amount may be used by the local board involved for the administrative costs
of carrying out local workforce investment activities under this chapter or
chapter 3.
</text>
</subparagraph>
<subparagraph id="IDb5d6cba171354d0681e5e4bc9377826d">
<enum>
(B)
</enum>
<header>
Use of
funds
</header>
<text>
Funds made available for administrative costs under
subparagraph (A) may be used for the administrative costs of any of the local
workforce investment activities described in this chapter or chapter 3,
regardless of whether the funds were allocated under this subsection or section
133(b).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="IDa6c29f03f1df4d0a891db399994c82fb">
<enum>
(c)
</enum>
<header>
Reallocation
among local areas
</header>
<paragraph id="ID278972b3f9194c42a7292b5dd8f96d9b">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Governor may, in accordance with this subsection and
after consultation with the State board, reallocate to eligible local areas
within the State amounts that are made available to local areas from
allocations made under this section or a corresponding provision of the
Workforce Investment Act of 1998 for youth workforce investment activities
(referred to individually in this subsection as a
<quote>
local
allocation
</quote>
) and that are available for reallocation.
</text>
</paragraph>
<paragraph id="idE7451B4B34874EF18BD8E2C35EEB6DCE">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text>
The amount available for reallocation for a program year is equal to the amount by which the
unobligated balance of the local allocation, at the
end of the program year
prior to the program year for which the determination under this paragraph
is made, exceeds 20 percent of such allocation for the prior program year.
</text>
</paragraph>
<paragraph id="ID4923bf4b0d794ddda049bbe2ff8756d9">
<enum>
(3)
</enum>
<header>
Reallocation
</header>
<text>
In
making reallocations to eligible local areas of amounts available pursuant to
paragraph (2) for a program year, the Governor shall allocate to each eligible
local area within the State an amount based on the relative amount of the local
allocation for the program year for which the determination is made, as
compared to the total amount of the local allocations for all eligible local
areas in the State for such program year.
</text>
</paragraph>
<paragraph id="IDdb47cc8e049043a7b406de284eeae651">
<enum>
(4)
</enum>
<header>
Eligibility
</header>
<text>
For
purposes of this subsection, an eligible local area means a local area that
does not have an amount available for reallocation under paragraph (2) for the
program year for which the determination under paragraph (2) is made.
</text>
</paragraph>
</subsection>
</section>
<section id="ID517b735634c041eaa6047e244dce2610">
<enum>
129.
</enum>
<header>
Use
of funds for youth workforce investment activities
</header>
<subsection id="IDa09f92a5867e458a926112dd804cfd50">
<enum>
(a)
</enum>
<header>
Youth
participant eligibility
</header>
<paragraph id="IDe0ff2fad4a4c4e27b070a9a7b9ec9fb8">
<enum>
(1)
</enum>
<header>
Eligibility
</header>
<subparagraph id="IDd679bbe1cec04082bd8b396f78663425">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
To be eligible to participate in activities carried out
under this chapter during any program year an individual shall, at the time the
eligibility determination is made, be an out-of-school youth or an in-school
youth.
</text>
</subparagraph>
<subparagraph id="IDd182aa016e8a4dd9b39a39d698030615">
<enum>
(B)
</enum>
<header>
Out-of-school
youth
</header>
<text>
In this title, the term
<term>
out-of-school youth
</term>
means an individual who is—
</text>
<clause id="ID1a4097d2c0134262957eb270a891c141">
<enum>
(i)
</enum>
<text>
not
attending any school (as defined under State law);
</text>
</clause>
<clause id="ID226bd77d34134f519a440d68c7948a81">
<enum>
(ii)
</enum>
<text>
not
younger than age 16 or older than age 24; and
</text>
</clause>
<clause id="ID13d681f27e094ba9975b0e270da792a5">
<enum>
(iii)
</enum>
<text>
one
or more of the following:
</text>
<subclause id="ID5c3e464b96404d1197554d81dd685617">
<enum>
(I)
</enum>
<text>
A
school dropout.
</text>
</subclause>
<subclause id="ID819dd9b4ec7643b8adbfa4bcfbb8e0e2">
<enum>
(II)
</enum>
<text>
A
youth who is within the age of compulsory school attendance, but has not
attended school for at least the most recent complete school year calendar
quarter.
</text>
</subclause>
<subclause id="ID1995b2b2365341bcb03d6f5903b116b8">
<enum>
(III)
</enum>
<text>
A
recipient of a secondary school diploma or its recognized equivalent who is a
low-income individual and is—
</text>
<item id="ID8034ea922ae0465caa1bad0985ab72f9">
<enum>
(aa)
</enum>
<text>
basic
skills deficient; or
</text>
</item>
<item id="ID9d60d08d08914f169973be5641233bd5">
<enum>
(bb)
</enum>
<text>
an
English language learner.
</text>
</item>
</subclause>
<subclause id="ID8317e3e7853a49b48e78344032c8baad">
<enum>
(IV)
</enum>
<text>
An
individual who is subject to the juvenile or adult justice system.
</text>
</subclause>
<subclause id="ID46e6b88ed8984a269f37b4b7c39f5b82">
<enum>
(V)
</enum>
<text>
A
homeless individual (as defined in section 41403(6) of the Violence Against
Women Act of 1994 (
<external-xref legal-doc="usc" parsable-cite="usc/42/14043e-2">
42 U.S.C. 14043e–2(6)
</external-xref>
)), a homeless child or
youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance
Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/11434a">
42 U.S.C. 11434a(2)
</external-xref>
)), a runaway, in foster care or has aged out of the foster
care
system, a child eligible for assistance under section 477 of the Social
Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/677">
42 U.S.C. 677
</external-xref>
), or in an out-of-home placement.
</text>
</subclause>
<subclause id="ID9e7cb2455f9849a7bd93b97c56663228">
<enum>
(VI)
</enum>
<text>
An
individual who is pregnant or parenting.
</text>
</subclause>
<subclause id="ID90131f4039d24602b5bb8139bfb0a27a">
<enum>
(VII)
</enum>
<text>
A
youth who is an individual with a disability.
</text>
</subclause>
<subclause commented="no" id="IDb797eaeee51047a088541a8dbdd38b0e">
<enum>
(VIII)
</enum>
<text>
A low-income
individual who requires additional assistance to enter or complete an
educational program or to secure or hold employment.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="ID2f202024abf04d3c8397e967746af6b7">
<enum>
(C)
</enum>
<header>
In-school
youth
</header>
<text>
In this section, the term
<term>
in-school youth
</term>
means an individual who is—
</text>
<clause id="ID7bf7266f10af453db63d7b937dbea40f">
<enum>
(i)
</enum>
<text>
attending school
(as defined by State law);
</text>
</clause>
<clause id="IDd32a6746baa14b63845d7074bc38c52e">
<enum>
(ii)
</enum>
<text>
not
younger than age 14 or (unless an individual with a disability who is attending
school under State law) older than age 21;
</text>
</clause>
<clause id="ID9ffa488751a14d42912b7b7aeb8b2c4c">
<enum>
(iii)
</enum>
<text>
a
low-income individual; and
</text>
</clause>
<clause id="ID6fa082f7599c4e5495432683823873b0">
<enum>
(iv)
</enum>
<text>
one or
more of the following:
</text>
<subclause id="ID4192dec29a6f4f0d8986fb385df855b5">
<enum>
(I)
</enum>
<text>
Basic skills
deficient.
</text>
</subclause>
<subclause id="ID9653bf25d1c948aea51b7416c28515f2">
<enum>
(II)
</enum>
<text>
An
English language learner.
</text>
</subclause>
<subclause id="IDcd20824d9fd745148028532a9f91b3e1">
<enum>
(III)
</enum>
<text>
An
offender.
</text>
</subclause>
<subclause id="IDfebb0cf65b344ab9a85cd650eaa1362c">
<enum>
(IV)
</enum>
<text>
A
homeless individual (as defined in section 41403(6) of the Violence Against
Women Act of 1994 (
<external-xref legal-doc="usc" parsable-cite="usc/42/14043e-2">
42 U.S.C. 14043e–2(6)
</external-xref>
)), a homeless child or
youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance
Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/11434a">
42 U.S.C. 11434a(2)
</external-xref>
)), a runaway, in foster care or has aged out of the foster
care
system, a child eligible for assistance under section 477 of the Social
Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/677">
42 U.S.C. 677
</external-xref>
), or in an out-of-home placement.
</text>
</subclause>
<subclause id="ID4e2094a9aeee4689ba83e4b853e00648">
<enum>
(V)
</enum>
<text>
Pregnant or
parenting.
</text>
</subclause>
<subclause id="ID1daa72692aad40d1b288cd9a4271ac0e">
<enum>
(VI)
</enum>
<text>
A
youth who is an individual with a disability.
</text>
</subclause>
<subclause commented="no" id="ID5d131d3a473c45bfbda84573de6f9b7e">
<enum>
(VII)
</enum>
<text>
An individual
who requires additional assistance to complete an educational program or to
secure or hold employment.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="ID630d9169f0f44e94be3b33a0ae09f6a7">
<enum>
(2)
</enum>
<header>
Special
rule
</header>
<text>
For the purpose of this subsection, the term
<term>
low-income
</term>
, used with respect to an individual, also includes a
youth living in a high-poverty area.
</text>
</paragraph>
<paragraph id="id0AF294873AE347BA8E53FF8FA11EEA1E">
<enum>
(3)
</enum>
<header>
Exception and
limitation
</header>
<subparagraph id="idAC12125975844B0FB2DECB71DC18D7E0">
<enum>
(A)
</enum>
<header>
Exception for
persons who are not low-income individuals
</header>
<clause id="id3E7BF05066AE45738C4839C2F601598C">
<enum>
(i)
</enum>
<header>
Definition
</header>
<text>
In
this subparagraph, the term
<term>
covered individual
</term>
means an in-school
youth, or an out-of-school youth who is described in subclause (III) or (VIII)
of paragraph (1)(B)(iii).
</text>
</clause>
<clause id="id882011CFB1294FD7809CD767AA972F9D">
<enum>
(ii)
</enum>
<header>
Exception
</header>
<text>
In
each local area, not more than 5 percent of the individuals assisted under this
section may be persons who would be covered individuals, except that the
persons are not low-income individuals.
</text>
</clause>
</subparagraph>
<subparagraph id="id3D373ED50F8A4316828B63E8DAE46889">
<enum>
(B)
</enum>
<header>
Limitation
</header>
<text>
In
each local area, not more than 5 percent of the in-school youth assisted under
this section may be eligible under paragraph (1) because the youth are
in-school youth described in paragraph (1)(C)(iv)(VII).
</text>
</subparagraph>
</paragraph>
<paragraph id="IDb957cd7dc02d45619dcab651f0e68ecd">
<enum>
(4)
</enum>
<header>
Out-of-school
priority
</header>
<subparagraph id="ID006d6991026f4eae90633fc06dc63e8d">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
For any program year, not less than 75 percent of the
funds allotted under section 127(b)(1)(C), reserved under section 128(a), and
available for statewide activities under subsection (b), and not less
than 75 percent of funds available to local areas under subsection (c), shall
be used to provide youth workforce investment activities for out-of-school
youth.
</text>
</subparagraph>
<subparagraph id="IDda39f0efa5ea426bb3dc6b8e9ff01bb1">
<enum>
(B)
</enum>
<header>
Exception
</header>
<text>
A
State that receives a minimum allotment under section 127(b)(1) in accordance
with section 127(b)(1)(C)(iv) or under section 132(b)(1) in accordance with
section 132(b)(1)(B)(iv) may decrease the percentage described in subparagraph
(A) to not less than 50 percent for a local area in the State, if—
</text>
<clause id="ID8216f718dccc42be944a1d0f78a349b7">
<enum>
(i)
</enum>
<text>
after
an analysis of the in-school youth and out-of-school youth populations in the
local area, the State determines that the local area will be unable to use at
least 75 percent of the funds available for activities under subsection (c) to
serve out-of-school youth due to a low number of out-of-school youth;
and
</text>
</clause>
<clause id="ID86fa60f2b2f94494af314fac097e3d59">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="idD04AFDB438D14D1EB8CF2F0C393EA011">
<enum>
(I)
</enum>
<text>
the State submits to
the Secretary, for the local area, a request including a proposed percentage
decreased
to not less than 50 percent for purposes of subparagraph (A),
and a
summary of the analysis
described in clause (i); and
</text>
</subclause>
<subclause changed="added" id="id750C01DFE0C144CBA2CC41F79CD233F6" indent="up1" reported-display-style="italic">
<enum>
(II)
</enum>
<text>
the request is approved by the
Secretary.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="IDc3829f5fd89e43caa68f190096d2e4ff">
<enum>
(5)
</enum>
<header>
Consistency
with compulsory school attendance laws
</header>
<text>
In providing assistance
under this section to an individual who is required to attend school under
applicable State compulsory school attendance laws, the priority in providing
such assistance shall be for the individual to attend school regularly.
</text>
</paragraph>
</subsection>
<subsection id="ID56ec0d332b1a4cdfbce1be34e53b971f">
<enum>
(b)
</enum>
<header>
Statewide
activities
</header>
<paragraph id="ID508425abacdf4ee1b6e03978e7d56b39">
<enum>
(1)
</enum>
<header>
Required Statewide Youth Activities
</header>
<text>
Funds reserved by a Governor as described in sections
128(a) and 133(a)(1) shall be used, regardless of whether the funds were
allotted to the State under section 127(b)(1)(C) or under paragraph (1)(B) or
(2)(B) of section 132(b) for statewide activities, which shall include—
</text>
<subparagraph id="IDd04306a194c044beac9f0bdba27a9705">
<enum>
(A)
</enum>
<text>
conducting evaluations under
section 116(e) of activities authorized under this chapter and chapter 3 in
coordination with evaluations carried out by the Secretary under section 169(a);
</text>
</subparagraph>
<subparagraph id="idd61121de88e44253a1571c37f19daeda">
<enum>
(B)
</enum>
<text>
disseminating a list of eligible providers of youth workforce investment activities, as determined
under section 123;
</text>
</subparagraph>
<subparagraph id="IDe539e0b473ea44968f245cd50bc53285">
<enum>
(C)
</enum>
<text>
providing
assistance to local areas as described in subsections (b)(6) and (c)(2) of section
106, for local coordination of activities carried out under this
title;
</text>
</subparagraph>
<subparagraph id="IDb0927399448047ffa7740423222b7f6c">
<enum>
(D)
</enum>
<text>
operating a
fiscal and management accountability information system under section
116(i);
</text>
</subparagraph>
<subparagraph id="ID4e9cad89145e49f08d6b7480b70223a5">
<enum>
(E)
</enum>
<text>
carrying out
monitoring and oversight of activities carried out under this chapter and
chapter 3, which may include a review comparing the services provided to male
and female youth; and
</text>
</subparagraph>
<subparagraph id="ID907c03abd36344e3b0e7f5dba9bf2236">
<enum>
(F)
</enum>
<text>
providing
additional assistance to local areas that have high concentrations of eligible
youth.
</text>
</subparagraph>
</paragraph>
<paragraph id="id910d91d84a0a4170be3952154090fe5c">
<enum>
(2)
</enum>
<header>
Allowable statewide youth activities
</header>
<text>
Funds reserved by a Governor as described in sections 128(a) and 133(a)(1) may be used,
regardless of whether the funds were allotted to the State under section
127(b)(1)(C) or under paragraph (1)(B) or (2)(B) of section 132(b), for
statewide activities, which may include—
</text>
<subparagraph id="id6ecaf63e907643d2a27db29bc68eab6f">
<enum>
(A)
</enum>
<text>
conducting—
</text>
<clause id="ide6a1737bc2804d03831cae76e6f9aaf3">
<enum>
(i)
</enum>
<text>
research related to meeting the education and employment needs of eligible youth; and
</text>
</clause>
<clause id="idaec99620a1f44c9caa84f9193dc0c57f">
<enum>
(ii)
</enum>
<text>
demonstration projects related to meeting the education and employment needs of eligible youth;
</text>
</clause>
</subparagraph>
<subparagraph id="ID022bf39af1784428ab7f5e8b1760f3c7">
<enum>
(B)
</enum>
<text>
supporting the
development of alternative, evidence-based programs and other activities that
enhance the
choices available to eligible youth and encourage such youth to reenter and
complete secondary education, enroll in postsecondary education and advanced
training, progress through a career pathway, and enter into unsubsidized
employment that leads to
economic self-sufficiency;
</text>
</subparagraph>
<subparagraph id="IDb1639b49740549c9845aad79ce17d953">
<enum>
(C)
</enum>
<text>
supporting the
provision of career services described in section 134(c)(2) in the one-stop
delivery system in the State;
</text>
</subparagraph>
<subparagraph id="ID8d2d0ce5d8ee42ffa75be8f92a3d2b4a">
<enum>
(D)
</enum>
<text>
supporting
financial literacy, including—
</text>
<clause id="IDa799b9b5e7934cea9539160723ad84e4">
<enum>
(i)
</enum>
<text>
supporting the
ability of participants to create household budgets, initiate savings plans,
and make informed financial decisions about education, retirement, home
ownership, wealth building, or other savings goals;
</text>
</clause>
<clause id="ID603be31a2f91415cb5fdee3587bba8c1">
<enum>
(ii)
</enum>
<text>
supporting the
ability to manage spending, credit, and debt, including credit card debt,
effectively;
</text>
</clause>
<clause id="IDead25d4a091d459898e050771d49db7e">
<enum>
(iii)
</enum>
<text>
increasing
awareness of the availability and significance of credit reports and credit
scores in obtaining credit, including determining their accuracy (and how to
correct inaccuracies in the reports and scores), and their effect on credit
terms;
</text>
</clause>
<clause id="IDc2332142a05b49bab46f002570536b36">
<enum>
(iv)
</enum>
<text>
supporting the
ability to understand, evaluate, and compare financial products, services, and
opportunities; and
</text>
</clause>
<clause id="IDa36d46c7634b4fe28f7e990f3f353b81">
<enum>
(v)
</enum>
<text>
supporting
activities that address the particular financial literacy needs of non-English
speakers, including providing the support through the development and
distribution of multilingual financial literacy and education materials; and
</text>
</clause>
</subparagraph>
<subparagraph id="id58bad15925c04243a85c5bf7d2711430">
<enum>
(E)
</enum>
<text>
providing technical assistance to, as appropriate, local boards, chief
elected officials, one-stop operators, one-stop partners, and eligible
providers, in local areas, which provision of technical assistance shall
include the development and training of staff, the development of
exemplary program activities, the provision of technical assistance to
local areas that fail to meet local performance accountability measures
described in section 116(c), and the provision of technology to facilitate
remote access to services provided through the one-stop delivery system in
the State.
</text>
</subparagraph>
</paragraph>
<paragraph id="IDf03db7d8fb5241e7adf9ae22956a6e4d">
<enum>
(3)
</enum>
<header>
Limitation
</header>
<text>
Not
more than 5 percent of the funds allotted to a State under section 127(b)(1)(C)
shall be used by the State for administrative activities carried out under this
subsection or section 134(a).
</text>
</paragraph>
</subsection>
<subsection id="IDb43da6df900e4841b7741745e7b8f109">
<enum>
(c)
</enum>
<header>
Local elements
and requirements
</header>
<paragraph id="ID9e9fc79400a1447181f955e2a3ced20e">
<enum>
(1)
</enum>
<header>
Program
design
</header>
<text>
Funds allocated to a local area for eligible youth under
section 128(b) shall be used to carry out, for eligible youth, programs
that—
</text>
<subparagraph id="IDacd832d028ab4dbf9d6eac3d484a8b38">
<enum>
(A)
</enum>
<text>
provide an
objective assessment of the academic levels, skill levels, and service needs of
each participant, which assessment shall include a review of basic skills,
occupational skills, prior work experience, employability, interests, aptitudes
(including interests and aptitudes for nontraditional jobs), supportive service
needs, and developmental needs of such participant, for the purpose of
identifying appropriate services and career pathways for participants, except
that a new assessment of a participant is not required if the provider carrying
out such a program determines it is appropriate to use a recent assessment of
the participant conducted pursuant to another education or training
program;
</text>
</subparagraph>
<subparagraph id="ID9ff007195b494c53923881af499a1d83">
<enum>
(B)
</enum>
<text>
develop service
strategies for each participant that are directly linked to 1 or more of the
indicators of performance described in section 116(b)(2)(A)(ii), and that shall
identify career pathways that include education and employment goals
(including, in appropriate circumstances, nontraditional employment),
appropriate achievement objectives, and appropriate services for the
participant taking into account the assessment conducted pursuant to
subparagraph (A), except that a new service strategy for a participant is not
required if the provider carrying out such a program determines it is
appropriate to use a recent service strategy developed for the participant
under another education or training program;
</text>
</subparagraph>
<subparagraph id="IDd6df72d2328747a09eaee8d64343905b">
<enum>
(C)
</enum>
<text>
provide—
</text>
<clause id="ID567d28908c3b41178ad88c1c09d937de">
<enum>
(i)
</enum>
<text>
activities
leading to the attainment of a secondary school diploma or its recognized
equivalent, or a recognized postsecondary credential;
</text>
</clause>
<clause id="ID609aa21a3a6149bda9c36c8531fb63c4">
<enum>
(ii)
</enum>
<text>
preparation for
postsecondary educational and training opportunities;
</text>
</clause>
<clause id="ID11b952b3fa864e36aafbd1c875d9df6a">
<enum>
(iii)
</enum>
<text>
strong linkages
between academic instruction (based on State academic content and student
academic achievement standards established under section 1111 of the Elementary
and Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/6311">
20 U.S.C. 6311
</external-xref>
)) and occupational
education that lead to the attainment of recognized postsecondary
credentials;
</text>
</clause>
<clause id="IDdfc3f589f3d34b00974e66483c42fc23">
<enum>
(iv)
</enum>
<text>
preparation for
unsubsidized employment opportunities, in appropriate cases; and
</text>
</clause>
<clause id="ID212a8834d35c487c9253e2dfd162deb6">
<enum>
(v)
</enum>
<text>
effective
connections to employers, including small employers, in in-demand industry
sectors and occupations of the local and regional labor markets; and
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="idA141A55475704231B07E5E555407973D">
<enum>
(D)
</enum>
<text>
at the discretion of the local board, implement a pay-for-performance contract strategy for
elements
described in paragraph (2), for which the local board may reserve
and use not more than 10 percent of the total funds allocated to the local
area under section 128(b).
</text>
</subparagraph>
</paragraph>
<paragraph id="ID82fd7eef6ac44cdb80af8ca76996f0a8">
<enum>
(2)
</enum>
<header>
Program
elements
</header>
<text>
In order to support the attainment of a secondary school
diploma or its recognized equivalent, entry into postsecondary education, and
career readiness for participants, the programs described in paragraph (1)
shall provide elements consisting of—
</text>
<subparagraph id="ID00613becdf654ae686215bd15bdb60f9">
<enum>
(A)
</enum>
<text>
tutoring, study
skills training, instruction, and evidence-based dropout prevention and recovery
strategies that lead to
completion of the requirements for a secondary school diploma or its recognized
equivalent (including a recognized certificate of attendance or similar
document for individuals with disabilities) or for a recognized postsecondary
credential;
</text>
</subparagraph>
<subparagraph id="ID2ab829e0537b446a939a9bcb46e6e884">
<enum>
(B)
</enum>
<text>
alternative
secondary school services, or dropout recovery services, as appropriate;
</text>
</subparagraph>
<subparagraph id="ID5d2e6776cbba499d9642bb0960fd762a">
<enum>
(C)
</enum>
<text>
paid and unpaid
work experiences that have as a component academic and occupational education,
which may include—
</text>
<clause id="ID10f83eed39414cf9a15e1db52fec2127">
<enum>
(i)
</enum>
<text>
summer
employment opportunities and other employment opportunities available
throughout the school year;
</text>
</clause>
<clause id="ID1a04a446901c48b9947ac4658e4dc119">
<enum>
(ii)
</enum>
<text>
pre-apprenticeship
programs;
</text>
</clause>
<clause id="ID17ed8e3b8b6449988ca5322b669ddee4">
<enum>
(iii)
</enum>
<text>
internships and
job shadowing; and
</text>
</clause>
<clause id="IDf9092bf2f35441f0b20dfa4054af2e0d">
<enum>
(iv)
</enum>
<text>
on-the-job
training opportunities;
</text>
</clause>
</subparagraph>
<subparagraph id="ID6c61d7756ebc46d589e9916d7d434487">
<enum>
(D)
</enum>
<text>
occupational
skill training, which shall include priority consideration for training programs
that lead to recognized postsecondary credentials that are aligned with
in-demand industry sectors or occupations in the local area involved, if the
local board determines that the programs meet the quality criteria described in
section 123;
</text>
</subparagraph>
<subparagraph id="ID637b85db7f0b4293989e716e94b863a3">
<enum>
(E)
</enum>
<text>
education offered
concurrently with and in the same context as workforce preparation activities
and training for a specific occupation or occupational cluster;
</text>
</subparagraph>
<subparagraph id="IDa54d9b24c579456d89e706c78a52eef8">
<enum>
(F)
</enum>
<text>
leadership
development opportunities, which may include community service and
peer-centered activities encouraging responsibility and other positive social
and civic behaviors, as appropriate;
</text>
</subparagraph>
<subparagraph id="IDc828d023d0f04416a28dae1450862c61">
<enum>
(G)
</enum>
<text>
supportive
services;
</text>
</subparagraph>
<subparagraph id="ID302750af41d34367a7d37a3c189fe804">
<enum>
(H)
</enum>
<text>
adult mentoring
for the period of participation and a subsequent period, for a total of not
less than 12 months;
</text>
</subparagraph>
<subparagraph id="IDadc37597a5fb491bb5b98c1cba0b8278">
<enum>
(I)
</enum>
<text>
followup services
for not less than 12 months after the completion of participation, as
appropriate;
</text>
</subparagraph>
<subparagraph id="ID95dd6959c9214ac282ab6a2b2aa415a0">
<enum>
(J)
</enum>
<text>
comprehensive
guidance and counseling, which may include drug and alcohol abuse counseling
and referral, as appropriate;
</text>
</subparagraph>
<subparagraph id="IDbf5fef3290fc4ddb8c50ceb1934f30e6">
<enum>
(K)
</enum>
<text>
financial
literacy education;
</text>
</subparagraph>
<subparagraph id="IDde3e8c8dc2054b92a92bf2a846567c73">
<enum>
(L)
</enum>
<text>
entrepreneurial
skills training;
</text>
</subparagraph>
<subparagraph id="ID9844cea84e424bf993d9b9697327f770">
<enum>
(M)
</enum>
<text>
services that
provide labor market and employment information about in-demand industry
sectors or occupations available in the local area, such as career awareness,
career counseling, and career exploration services; and
</text>
</subparagraph>
<subparagraph id="ID462b07752a8b4e5db2f85b58b3a46910">
<enum>
(N)
</enum>
<text>
activities that
help youth prepare for and transition to postsecondary education and
training.
</text>
</subparagraph>
</paragraph>
<paragraph id="IDf95cc0b2cf2d4c1b8ecb8f74c7c65c7d">
<enum>
(3)
</enum>
<header>
Additional
requirements
</header>
<subparagraph id="ID9336edc58dbd421ca6b53a020e667eb7">
<enum>
(A)
</enum>
<header>
Information and
referrals
</header>
<text>
Each local board shall ensure that each participant
shall be provided—
</text>
<clause id="ID873d9104f45848cd9481733b8e263746">
<enum>
(i)
</enum>
<text>
information on
the full array of applicable or appropriate services that are available through
the local board or other eligible providers or one-stop partners, including
those providers or partners receiving funds under this subtitle; and
</text>
</clause>
<clause id="IDfa5eece1ec9b463b9727b011c4320e8b">
<enum>
(ii)
</enum>
<text>
referral to
appropriate training and educational programs that have the capacity to serve
the participant either on a sequential or concurrent basis.
</text>
</clause>
</subparagraph>
<subparagraph id="ID5d282b26d3064ff9b5bac3528d8b65cd">
<enum>
(B)
</enum>
<header>
Applicants not
meeting enrollment requirements
</header>
<text>
Each eligible provider of a
program of youth workforce investment activities shall ensure that an eligible
applicant who does not meet the enrollment requirements of the particular
program or who cannot be served shall be referred for further assessment, as
necessary, and referred to appropriate programs in accordance with subparagraph
(A) to meet the basic skills and training needs of the applicant.
</text>
</subparagraph>
<subparagraph id="IDdd7f29df16c549a2bf339829e826a5c5">
<enum>
(C)
</enum>
<header>
Involvement in
design and implementation
</header>
<text>
The local board shall ensure that
parents, participants, and other members of the community with experience
relating to programs for youth are involved in the design and implementation of
the programs described in paragraph (1).
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="ID4dcb53be70604a95870e908dd92bc591">
<enum>
(4)
</enum>
<header>
Priority
</header>
<text>
Not
less than 20 percent of the funds allocated to the local area as described in
paragraph (1) shall be used to provide in-school youth and out-of-school youth
with activities under paragraph (2)(C).
</text>
</paragraph>
<paragraph commented="no" id="ID8e449dfbbbcd4c62b9a5864ad2fdefe1">
<enum>
(5)
</enum>
<header>
Rule of
construction
</header>
<text>
Nothing in this chapter shall be construed to
require that each of the elements described in subparagraphs of paragraph (2)
be offered by each provider of youth services.
</text>
</paragraph>
<paragraph id="IDeb66ef96c30c48b0a1e04babc514664c">
<enum>
(6)
</enum>
<header>
Prohibitions
</header>
<subparagraph id="IDccfb2f24b21a4f2b845a9c1158356088">
<enum>
(A)
</enum>
<header>
Prohibition
against Federal control of education
</header>
<text>
No provision of this Act
shall be construed to authorize any department, agency, officer, or employee of
the United States to exercise any direction, supervision, or control over the
curriculum, program of instruction, administration, or personnel of any
educational institution, school, or school system, or over the selection of
library resources, textbooks, or other printed or published instructional
materials by any educational institution, school, or school system.
</text>
</subparagraph>
<subparagraph id="ID76c76bfc193d4117ac68e0efd830ca18">
<enum>
(B)
</enum>
<header>
Noninterference
and nonreplacement of regular academic requirements
</header>
<text>
No funds
described in paragraph (1) shall be used to provide an activity for eligible
youth who are not school dropouts if participation in the activity would
interfere with or replace the regular academic requirements of the
youth.
</text>
</subparagraph>
</paragraph>
<paragraph id="IDa79f9d0b9eb441fa9db860283b4e1ea5">
<enum>
(7)
</enum>
<header>
Linkages
</header>
<text>
In
coordinating the programs authorized under this section, local boards shall
establish linkages with local educational agencies responsible for services to
participants as appropriate.
</text>
</paragraph>
<paragraph id="ID9edbe36daaa744f3b079d1134c0956fd">
<enum>
(8)
</enum>
<header>
Volunteers
</header>
<text>
The
local board shall make opportunities available for individuals who have
successfully participated in programs carried out under this section to
volunteer assistance to participants in the form of mentoring, tutoring, and
other activities.
</text>
</paragraph>
</subsection>
</section>
</chapter>
<chapter id="idDD4F70EF78EC492FBB0CE9A79588359C">
<enum>
3
</enum>
<header>
Adult
and dislocated worker employment and training activities
</header>
<section id="idF8BCDCA2C7B14E2BACADC051C8A32A43">
<enum>
131.
</enum>
<header>
General
authorization
</header>
<text display-inline="no-display-inline">
The Secretary
shall make allotments under paragraphs (1)(B) and (2)(B) of section 132(b) to
each State that meets the requirements of section 102 or 103 and grants under
paragraphs (1)(A) and (2)(A) of section 132(b) to each outlying area that
complies with the requirements of this title, to assist the State or outlying
area, and to enable the State or outlying area to assist local areas, for the
purpose of providing workforce investment activities for adults, and dislocated
workers, in the State or outlying area and in the local areas.
</text>
</section>
<section id="ID7299228fe7534dbb9264720b66ffab30">
<enum>
132.
</enum>
<header>
State
allotments
</header>
<subsection id="ID4b21aa07ca8343f4aa18430747a533f7">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall—
</text>
<paragraph id="ID1a31f7518859484e9a259a7ae6b5955a">
<enum>
(1)
</enum>
<text>
make
allotments and grants from the amount appropriated under section 136(b) for a
fiscal year in accordance with subsection (b)(1); and
</text>
</paragraph>
<paragraph id="ID8eec4657904741c0b516649a694c0a44">
<enum>
(2)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="id6A1510E1A3D442E498BB466037B11606">
<enum>
(A)
</enum>
<text>
reserve 20 percent of
the amount appropriated under section 136(c) for the fiscal year for use under
subsection (b)(2)(A), and under sections 168(b) (relating to dislocated worker
technical assistance), 169(c) (relating to dislocated worker projects), and 170
(relating to national dislocated worker grants); and
</text>
</subparagraph>
<subparagraph changed="added" id="idA0CAE24329C54267A9B1BDA581AF8F71" indent="up1" reported-display-style="italic">
<enum>
(B)
</enum>
<text>
make allotments from 80 percent of the
amount appropriated under section 136(c) for the fiscal year in accordance with
subsection (b)(2)(B).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="ID42990bd4bb384d04bc711f011fbd4213">
<enum>
(b)
</enum>
<header>
Allotment among
States
</header>
<paragraph id="IDa042c75b38ed4e5295a72ac39243124f">
<enum>
(1)
</enum>
<header>
Adult
employment and training activities
</header>
<subparagraph id="ID8560bc4d2e3a4f71b581b8feb56f74c1">
<enum>
(A)
</enum>
<header>
Reservation for
outlying areas
</header>
<clause id="ID99474b045d47470c89deb62cc162fe0b">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
From the amount made available under subsection (a)(1)
for a fiscal year, the Secretary shall reserve not more than
<fraction>
1/4
</fraction>
of 1 percent of such amount to provide assistance to
the outlying areas.
</text>
</clause>
<clause id="ID6ca8fd7422b34ce4bba187fc9b2300b5">
<enum>
(ii)
</enum>
<header>
Applicability
of additional requirements
</header>
<text>
From the amount reserved under clause
(i), the Secretary shall provide assistance to the outlying areas for adult
employment and training activities and statewide workforce investment
activities in accordance with the requirements of section 127(b)(1)(B).
</text>
</clause>
</subparagraph>
<subparagraph id="ID95939181b2b744038e52c2cf17902400">
<enum>
(B)
</enum>
<header>
States
</header>
<clause id="ID7e3278d773a74f2b86bc92145608d41b">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
After determining the amount to be reserved under
subparagraph (A), the Secretary shall allot the remainder of the amount made
available under
subsection (a)(1) for that fiscal year to the States pursuant to clause (ii)
for adult employment and training activities and statewide workforce investment
activities.
</text>
</clause>
<clause id="ID41BE5312559241E8B5E58FF0CE853996">
<enum>
(ii)
</enum>
<header>
Formula
</header>
<text>
Subject to clauses (iii) and (iv), of the remainder—
</text>
<subclause id="ID8A5F42D079174ECA84DC68F3A57E9C52">
<enum>
(I)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative number of unemployed individuals in areas
of substantial unemployment in each State, compared to the total number of
unemployed individuals in areas of substantial unemployment in all States;
</text>
</subclause>
<subclause id="IDCFF6C357AB77435CA3CBC8E9F94D2A36">
<enum>
(II)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative excess number of unemployed individuals in
each State, compared to the total excess number of unemployed individuals
in all States; and
</text>
</subclause>
<subclause id="IDD8311C374B234C799E70430C3AF4DB55">
<enum>
(III)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative number of disadvantaged adults in each
State, compared to the total number of disadvantaged adults in all States,
except as described in clause (iii).
</text>
</subclause>
</clause>
<clause id="ID74C1927EB55D4CE894CF6ACEDD780963">
<enum>
(iii)
</enum>
<header>
Calculation
</header>
<text>
In determining an allotment under clause (ii)(III) for any State in which there is an area that was
designated as a local area as described in section 107(c)(1)(C), the
allotment shall be based on the
higher of—
</text>
<subclause id="IDF255C46B5E204B1F9B54482BF3732209">
<enum>
(I)
</enum>
<text>
the number of adults in families with an income below the low-income level in such area; or
</text>
</subclause>
<subclause id="ID6A390E403BC8404490CF4BA54BB72C7B">
<enum>
(II)
</enum>
<text>
the number of disadvantaged adults in such area.
</text>
</subclause>
</clause>
<clause id="ID9113B36605C94B15A51E364638D67374">
<enum>
(iv)
</enum>
<header>
Minimum and maximum percentages and minimum allotments
</header>
<text>
In making allotments under this subparagraph, the Secretary shall ensure the following:
</text>
<subclause id="ID1BDD935389C24CDF892948EF55C70266">
<enum>
(I)
</enum>
<header>
Minimum percentage and allotment
</header>
<text>
Subject to subclause (IV), the Secretary shall ensure that no State shall receive an allotment for
a fiscal year that is an amount based on 90 percent of the allotment
percentage of the State for the preceding fiscal
year.
</text>
</subclause>
<subclause id="ID0923101B2FEE46CBA9B5BF7836C57CF3">
<enum>
(II)
</enum>
<header>
Small state minimum allotment
</header>
<text>
Subject to subclauses (I), (III), and (IV), the Secretary shall ensure that no State shall receive
an allotment under this subparagraph that is less than the total of—
</text>
<item id="IDEEF4E7AE477A46BAA6477797A3BC5F64">
<enum>
(aa)
</enum>
<text>
<fraction>
3/10
</fraction>
of 1 percent of $960,000,000 of the remainder described in clause (i) for the fiscal year; and
</text>
</item>
<item id="ID1180A0D83E0645569F15F324F046D45A">
<enum>
(bb)
</enum>
<text>
if the remainder described in clause (i) for the fiscal year exceeds $960,000,000,
<fraction>
2/5
</fraction>
of 1 percent of the excess.
</text>
</item>
</subclause>
<subclause id="ID0BC96C4D9B2C455795F8AD0E46B61CEB">
<enum>
(III)
</enum>
<header>
Maximum percentage
</header>
<text>
Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment
percentage for a fiscal year that is more
than 130 percent of the
allotment percentage of the State for the preceding fiscal year.
</text>
</subclause>
<subclause id="IDF69B5A67A186418B9720300FA8A9C7D0">
<enum>
(IV)
</enum>
<header>
Minimum funding
</header>
<text>
In any fiscal year in which the remainder described in clause (i) does not exceed $960,000,000, the
minimum allotments under subclauses (I) and (II) shall be calculated by
the methodology specified in section 132(b)(1)(B)(iv)(IV) of the Workforce
Investment Act of 1998 (as in effect on the day before the date of
enactment of
this Act).
</text>
</subclause>
</clause>
<clause id="IDB7ACBEB418D24B5796C2521E62BB13EA">
<enum>
(v)
</enum>
<header>
Definitions
</header>
<text>
For the purpose of the formula specified in this subparagraph:
</text>
<subclause id="ID68CFC700E4004140AD185007C7C7776C">
<enum>
(I)
</enum>
<header>
Adult
</header>
<text>
The term
<term>
adult
</term>
means an individual who is not less than age 22 and not more than age 72.
</text>
</subclause>
<subclause id="ID351FB86820DA4525BBDEA9ACD7FFA45B">
<enum>
(II)
</enum>
<header>
Allotment percentage
</header>
<text>
The term
<term>
allotment percentage
</term>
, used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the
remainder described in clause (i) that is received through an allotment
made under this subparagraph for the fiscal year. The term, used with
respect to fiscal year 2014, means the percentage of the amount
allotted to States under section 132(b)(1)(B) of the Workforce Investment
Act of 1998 (as in effect on the day before the date of enactment of this
Act) that is received under such section by the State involved for fiscal
year
2014.
</text>
</subclause>
<subclause id="ID69F85543DA5E463EB5A429B2C308F3B1">
<enum>
(III)
</enum>
<header>
Area of substantial unemployment
</header>
<text>
The term
<term>
area of substantial unemployment
</term>
means any area that is of sufficient size and scope to sustain a program of workforce investment
activities carried out under this subtitle and that has an average rate of
unemployment of at least 6.5 percent for the most recent 12 months, as
determined by the Secretary. For purposes of this subclause,
determinations of areas of substantial unemployment shall be made once
each fiscal year.
</text>
</subclause>
<subclause id="ID07664A3CF90D4CE0AB75B0D612E4F9DA">
<enum>
(IV)
</enum>
<header>
Disadvantaged adult
</header>
<text>
Subject to subclause (V), the term
<term>
disadvantaged adult
</term>
means an adult who received an income, or is a member of a family that received a total family
income, that, in relation to family size, does not exceed the higher of—
</text>
<item id="ID8F212972B4E74CF394F9C6D95332444F">
<enum>
(aa)
</enum>
<text>
the poverty line; or
</text>
</item>
<item id="ID3C5AAEFA75DD459484730244754B7F4B">
<enum>
(bb)
</enum>
<text>
70 percent of the lower living standard income level.
</text>
</item>
</subclause>
<subclause id="ID02FDA887A1E44E29A6C82DE4D1DCAC96">
<enum>
(V)
</enum>
<header>
Disadvantaged adult special rule
</header>
<text>
The Secretary shall, as appropriate and to the extent practicable, exclude college students and
members of the Armed Forces from the determination of the number of
disadvantaged adults.
</text>
</subclause>
<subclause id="IDF9D2EC41387C4335BEB3D2A4BE680D68">
<enum>
(VI)
</enum>
<header>
Excess number
</header>
<text>
The term
<term>
excess number
</term>
means, used with respect to the excess number of unemployed individuals within a State, the higher
of—
</text>
<item id="ID5846B2ACE49343818729E74B903992BC">
<enum>
(aa)
</enum>
<text>
the number that represents the number of unemployed individuals in excess of 4.5 percent of the
civilian labor force in the State; or
</text>
</item>
<item id="ID50891D709C644CAA8DD048C2F37001F8">
<enum>
(bb)
</enum>
<text>
the number that represents the number of unemployed individuals in excess of 4.5 percent of the
civilian labor force in areas of substantial unemployment in such State.
</text>
</item>
</subclause>
<subclause id="ID74D9959D832D46B4BAB2212A2EEED309">
<enum>
(VII)
</enum>
<header>
Low-income level
</header>
<text>
The term
<term>
low-income level
</term>
means $7,000 with respect to income in 1969, and for any later year means that amount that bears
the same relationship to $7,000 as the Consumer Price Index for that year
bears to the Consumer Price Index for 1969, rounded to the nearest $1,000.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="IDb9cf053ad5e54457ba97c59143b868cc">
<enum>
(2)
</enum>
<header>
Dislocated
worker employment and training activities
</header>
<subparagraph id="IDad7bea9ce54144f69d3f9d825a11fb7b">
<enum>
(A)
</enum>
<header>
Reservation for
outlying areas
</header>
<clause id="ID67d0aee7995d4e58b4d97b5d5643fd7b">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
From the amount made available under subsection (a)(2)(A)
for a fiscal year, the Secretary shall reserve not more than
<fraction>
1/4
</fraction>
of 1 percent of the amount appropriated under section 136(c) for the fiscal year to provide
assistance to the outlying areas.
</text>
</clause>
<clause id="ID8335cd15a4344e5bae80dc428cb5bd20">
<enum>
(ii)
</enum>
<header>
Applicability
of additional requirements
</header>
<text>
From the amount reserved under clause
(i), the Secretary shall provide assistance to the outlying areas for
dislocated worker employment and training activities and statewide workforce
investment activities in accordance with the requirements of section 127(b)(1)(B).
</text>
</clause>
</subparagraph>
<subparagraph id="ID55cd4b26cfec49458ddc3ebf0bf29a71">
<enum>
(B)
</enum>
<header>
States
</header>
<clause id="ID8C901CB87A8246DC90EDFA4E0BCFFFED">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
The Secretary shall allot the amount referred to in subsection (a)(2)(B) for a fiscal year to the
States pursuant to clause (ii) for dislocated worker employment and
training activities and statewide workforce investment activities.
</text>
</clause>
<clause id="IDA100D1BA65D947FC8BD754C2DD4024F7">
<enum>
(ii)
</enum>
<header>
Formula
</header>
<text>
Subject to clause (iii), of the amount—
</text>
<subclause id="ID6B970BD53BC14EBBBE92F0DEF96AAAA6">
<enum>
(I)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative number of unemployed individuals in each
State, compared to the total number of unemployed individuals in all
States;
</text>
</subclause>
<subclause id="IDE0F72A7031ED40F4999F1A337FCE1A46">
<enum>
(II)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative excess number of unemployed individuals in
each State, compared to the total excess number of unemployed individuals
in all States; and
</text>
</subclause>
<subclause id="ID1ADB68991F6B475EB1DCE0F1FB653B4D">
<enum>
(III)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative number of individuals in each State who
have been unemployed for 15 weeks or more, compared to the total number of
individuals in all States who have been unemployed for 15 weeks or more.
</text>
</subclause>
</clause>
<clause id="idA63EE6DE688B48E1992E6F56F61DFD8E">
<enum>
(iii)
</enum>
<header>
Minimum and maximum percentages and minimum allotments
</header>
<text>
In making allotments under this subparagraph, for fiscal year 2016 and each subsequent fiscal year,
the Secretary shall ensure the following:
</text>
<subclause id="id7639B3A7E8514651A3F07BC1B15A660A">
<enum>
(I)
</enum>
<header>
Minimum percentage and allotment
</header>
<text>
The Secretary shall ensure that no State shall receive an allotment for
a fiscal year that is an amount based on 90 percent of the allotment
percentage of the State for the preceding fiscal
year.
</text>
</subclause>
<subclause id="id733E6BC959854F65A6B897213A3AE50F">
<enum>
(II)
</enum>
<header>
Maximum percentage
</header>
<text>
Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment
percentage for a fiscal year that is more
than 130 percent of the
allotment percentage of the State for the preceding fiscal year.
</text>
</subclause>
</clause>
<clause id="ID10971aa5afd34bd48086d1c31dc2777a">
<enum>
(iv)
</enum>
<header>
Definitions
</header>
<text>
For the purpose of the formula specified in this subparagraph:
</text>
<subclause id="ID2a78c909bb374acfac21c79795ba0cb1">
<enum>
(I)
</enum>
<header>
Allotment
percentage
</header>
<text>
The term
<term>
allotment percentage
</term>
, used with
respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of
the amount described in clause (i) that is received through an allotment made under
this subparagraph for the fiscal year.
</text>
</subclause>
<subclause id="ID165ca049ef544d32989f6e43378e637d">
<enum>
(II)
</enum>
<header>
Excess
number
</header>
<text>
The term
<term>
excess number
</term>
means, used with
respect to the excess number of unemployed individuals within a State, the
number that represents the number of unemployed individuals in excess of 4.5
percent of the civilian labor force in the State.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="IDd7a3480bf479434d9fe014102f4032d5">
<enum>
(c)
</enum>
<header>
Reallotment
</header>
<paragraph id="ID80acadae0e854fa98bf32531bac4fa26">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall, in accordance with this subsection,
reallot to eligible States amounts that are made available to States from
allotments made under this section or a corresponding provision of the
Workforce Investment Act of 1998 for employment and training activities and
statewide workforce investment activities (referred to individually in this
subsection as a
<quote>
State allotment
</quote>
) and that are available for
reallotment.
</text>
</paragraph>
<paragraph id="ID751782a9690e4d05a47599cd246ef7b8">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text>
The
amount available for reallotment for a program year for programs funded under
subsection (b)(1)(B) (relating to adult employment and training) or for
programs funded under subsection (b)(2)(B) (relating to dislocated worker
employment and training) is equal to the amount by which the unobligated
balance of the State allotments for adult employment and training
activities or dislocated worker employment and training activities,
respectively, at the end of the program year prior to the program year for
which the determination under this paragraph is made, exceeds 20 percent of such
allotments for the prior program year.
</text>
</paragraph>
<paragraph id="IDd382dc396470456cae7de92f8af60c3d">
<enum>
(3)
</enum>
<header>
Reallotment
</header>
<text>
In
making reallotments to eligible States of amounts available pursuant to
paragraph (2) for a program year, the Secretary shall allot to each eligible
State an amount based on the relative amount of the State allotment under
paragraph (1)(B) or (2)(B), respectively, of subsection (b) for the program
year for which the determination is made, as compared to the total amount of
the State allotments under paragraph (1)(B) or (2)(B), respectively, of
subsection (b) for all eligible States for such program year.
</text>
</paragraph>
<paragraph id="ID55c19e50e92c42359b6226b4b260e68f">
<enum>
(4)
</enum>
<header>
Eligibility
</header>
<text>
For
purposes of this subsection, an eligible State means—
</text>
<subparagraph id="IDb378b5ec49d8490db341dc2421c34da7">
<enum>
(A)
</enum>
<text>
with respect to
funds allotted through a State allotment for adult employment and training
activities, a State that does not have an amount of such funds available for
reallotment under paragraph (2) for the program year for which the
determination under paragraph (2) is made; and
</text>
</subparagraph>
<subparagraph id="ID38965a6111de425cbd19a2b31ab7c7cd">
<enum>
(B)
</enum>
<text>
with respect to
funds allotted through a State allotment for dislocated worker employment and
training activities, a State that does not have an amount of such funds
available for reallotment under paragraph (2) for the program year for which
the determination under paragraph (2) is made.
</text>
</subparagraph>
</paragraph>
<paragraph id="IDc8a256bba61b4d94932c6dc671388a84">
<enum>
(5)
</enum>
<header>
Procedures
</header>
<text>
The
Governor shall prescribe uniform procedures for the obligation of funds by
local areas within the State in order to avoid the requirement that funds be
made available for reallotment under this subsection. The Governor shall
further prescribe equitable procedures for making funds available from the
State and local areas in the event that a State is required to make funds
available for reallotment under this subsection.
</text>
</paragraph>
</subsection>
</section>
<section id="IDee67f08c650e4ab1ae1af4e178e8f167">
<enum>
133.
</enum>
<header>
Within State
allocations
</header>
<subsection id="IDebfa4b553a1b4b0985eeef59d89e4d61">
<enum>
(a)
</enum>
<header>
Reservations
for State activities
</header>
<paragraph id="ID5becf4b9d46a43cabffe6196c562999b">
<enum>
(1)
</enum>
<header>
Statewide
workforce investment activities
</header>
<text>
The Governor shall make the
reservation required under section 128(a).
</text>
</paragraph>
<paragraph id="ID9832c3d5e77c432387968d1c6eaac9be">
<enum>
(2)
</enum>
<header>
Statewide rapid
response activities
</header>
<text>
The Governor shall reserve not more than 25
percent of the total amount allotted to the State under section 132(b)(2)(B)
for a fiscal year for statewide rapid response activities described in section
134(a)(2)(A).
</text>
</paragraph>
</subsection>
<subsection id="ID0a596d6e1389472aaa30012cd7590621">
<enum>
(b)
</enum>
<header>
Within State
allocation
</header>
<paragraph id="IDb3cd520b41304fa193d559b50843da7a">
<enum>
(1)
</enum>
<header>
Methods
</header>
<text>
The
Governor, acting in accordance with the State plan, and after consulting with
chief elected officials and local boards in the local areas, shall
allocate—
</text>
<subparagraph id="IDcae86152d1d04f9884993396a9529973">
<enum>
(A)
</enum>
<text>
the funds that
are allotted to the State for adult employment and training activities and
statewide workforce investment activities under section 132(b)(1)(B) and are
not reserved under subsection (a)(1), in accordance with paragraph (2) or (3);
and
</text>
</subparagraph>
<subparagraph id="IDa755f2dc761a436492f444aad93ef02e">
<enum>
(B)
</enum>
<text>
the funds that
are allotted to the State for dislocated worker employment and training
activities and statewide workforce investment activities under section 132(b)(2)(B)
and are not reserved under paragraph (1) or (2) of subsection (a),
in accordance with paragraph (2).
</text>
</subparagraph>
</paragraph>
<paragraph id="ID1840fdd3a7724aef87306643fe0be588">
<enum>
(2)
</enum>
<header>
Formula
allocations
</header>
<subparagraph id="idCD20D7CD937644B3860A220D28B0C9DB">
<enum>
(A)
</enum>
<header>
Adult employment and training activities
</header>
<clause id="ID844D8DD5E58D48409347DA8C93272C8C">
<enum>
(i)
</enum>
<header>
Allocation
</header>
<text>
In allocating the funds described in paragraph (1)(A) to local areas, a State may allocate—
</text>
<subclause id="IDD0820BD695784AC58EC8467969C00B44">
<enum>
(I)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent of the funds on the basis described in section 132(b)(1)(B)(ii)(I);
</text>
</subclause>
<subclause id="ID5225F1CC1A8B4D7081D50A24B7AF7B0E">
<enum>
(II)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent of the funds on the basis described in section 132(b)(1)(B)(ii)(II); and
</text>
</subclause>
<subclause id="ID35BFF4096F514BFBAF96868E52448CD4">
<enum>
(III)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent of the funds on the basis described in clauses (ii)(III) and (iii) of section
132(b)(1)(B).
</text>
</subclause>
</clause>
<clause id="ID1157D99F200F4CAE9523CA8E67282549">
<enum>
(ii)
</enum>
<header>
Minimum percentage
</header>
<text>
The local area shall not receive an
allocation percentage for a fiscal year that is less than 90 percent of
the average allocation percentage of the local area for the 2 preceding
fiscal years. Amounts necessary for increasing such allocations to local
areas to comply with the preceding sentence shall be obtained by ratably
reducing the allocations to be made to other local areas under this
subparagraph.
</text>
</clause>
<clause id="ID8994642c356a490bb2f0d5ab3a9475e1">
<enum>
(iii)
</enum>
<header>
Definition
</header>
<text>
In
this subparagraph, the term
<term>
allocation percentage
</term>
, used with
respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of
the funds referred to in clause (i), received through an allocation made under this
subparagraph, for the fiscal year. The term, used with respect
to fiscal year 2013 or 2014, means a percentage of the amount allocated to
local areas under paragraphs (2)(A) and (3) of section 133(b) of the Workforce
Investment Act of 1998 (as in effect on the day before the date of enactment of
this Act), received through an allocation made under paragraph (2)(A) or (3) of
that section for fiscal year 2013 or
2014, respectively.
</text>
</clause>
</subparagraph>
<subparagraph id="IDa801cb2448a340ebb3a4704ac7a961be">
<enum>
(B)
</enum>
<header>
Dislocated
worker employment and training activities
</header>
<clause id="ID7FDBD7F0F3944F0D974A778E01FB5276">
<enum>
(i)
</enum>
<header>
Allocation
</header>
<text>
In allocating the funds described in paragraph (1)(B) to local areas, a State shall allocate the
funds based on an allocation formula prescribed by the Governor of the
State. Such formula may be amended by the Governor not more than once for
each program year. Such formula shall utilize the most appropriate
information available to the Governor to distribute amounts to address the
State's worker readjustment assistance needs.
</text>
</clause>
<clause id="IDFD13AEA97D894FB9A42996AFE0CCBC82">
<enum>
(ii)
</enum>
<header>
Information
</header>
<text>
The information described in clause (i) shall include insured unemployment data, unemployment
concentrations, plant closing and mass layoff data, declining industries
data, farmer-rancher economic hardship data, and long-term unemployment
data.
</text>
</clause>
<clause commented="no" id="IDa89c662029f848c1ab0cfab12cab0c93">
<enum>
(iii)
</enum>
<header>
Minimum
percentage
</header>
<text>
The local
area shall not receive an allocation percentage for fiscal year 2016 or a
subsequent fiscal year that is less
than 90 percent of the average allocation percentage of the local area for the
2 preceding fiscal years. Amounts necessary for increasing such allocations to
local areas to comply with the preceding sentence shall be obtained by ratably
reducing the allocations to be made to other local areas under this
subparagraph.
</text>
</clause>
<clause commented="no" id="ID508448047ca44fce9d07aed85208cabf">
<enum>
(iv)
</enum>
<header>
Definition
</header>
<text>
In
this subparagraph, the term
<term>
allocation percentage
</term>
, used with
respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of
the funds referred to in clause (i), received through an allocation made under
this subparagraph for the fiscal year. The term, used with respect
to fiscal year 2014, means a percentage of the amount allocated to
local areas under section 133(b)(2)(B) of the Workforce Investment Act of 1998
(as in effect on the day before the date of enactment of this Act), received
through an allocation made under that section for fiscal year 2014.
</text>
</clause>
</subparagraph>
<subparagraph id="ID4DC7D128DD1F4D78BEE993E4F494DCE6">
<enum>
(C)
</enum>
<header>
Application
</header>
<text>
For purposes of carrying out subparagraph (A)—
</text>
<clause id="ID01683BC769E74074920BAC51B032CCCC">
<enum>
(i)
</enum>
<text>
references in section 132(b) to a State shall be deemed to be references to a local area;
</text>
</clause>
<clause id="ID037FD7CFAE374E879EFA4FB9D8EF534E">
<enum>
(ii)
</enum>
<text>
references in section 132(b) to all States shall be deemed to be references to all local areas in
the State involved; and
</text>
</clause>
<clause id="ID1F070AC8F5BC4B8D8E500E5506937FD5">
<enum>
(iii)
</enum>
<text>
except as described in clause (i), references in section 132(b)(1) to the term
<term>
excess number
</term>
shall be considered to be references to the term as defined in section 132(b)(1).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="IDBB6B15E3462B4E80959C0E5E2425303B">
<enum>
(3)
</enum>
<header>
Adult employment and training discretionary allocations
</header>
<text>
In lieu of making the allocation described in paragraph (2)(A), in allocating the funds described
in paragraph (1)(A) to local areas, a State may distribute—
</text>
<subparagraph id="ID428545CD6ACF4C80B7470CA2435B9FAC">
<enum>
(A)
</enum>
<text>
a portion equal to not less than 70 percent of the funds in accordance with paragraph (2)(A); and
</text>
</subparagraph>
<subparagraph id="IDF7171EB45EEE4D4180798D76B1E065CA">
<enum>
(B)
</enum>
<text>
the remaining portion of the funds on the basis of a formula that—
</text>
<clause id="ID123E7E0B2FD1437181C9E17A75DA7257">
<enum>
(i)
</enum>
<text>
incorporates additional factors (other than the factors described in paragraph (2)(A)) relating to—
</text>
<subclause id="ID950615AD3F504C839610D221E9537540">
<enum>
(I)
</enum>
<text>
excess poverty in urban, rural, and suburban local areas; and
</text>
</subclause>
<subclause id="ID2A07C8C29A2545399F059C5935770056">
<enum>
(II)
</enum>
<text>
excess unemployment above the State average in urban, rural, and suburban local areas; and
</text>
</subclause>
</clause>
<clause id="IDFEAFAEA73EF5448E90717BB7EF0A5F8E">
<enum>
(ii)
</enum>
<text>
was developed by the State board and approved by the Secretary as part of the State plan.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id8D2A7F8B64154A7A8B6E7DD0EACB4D95">
<enum>
(4)
</enum>
<header>
Transfer
authority
</header>
<text>
A local board may transfer, if such a transfer is
approved by the Governor, up to and including 100 percent of the funds
allocated to the local area under paragraph (2)(A) or (3), and up to and
including 100 percent of the funds allocated to the local area under paragraph
(2)(B), for a fiscal year between—
</text>
<subparagraph id="id110152d3a62d4d4bad0473a385b00106">
<enum>
(A)
</enum>
<text>
adult employment
and training activities; and
</text>
</subparagraph>
<subparagraph id="id6e08018bcfdf40cfb973e35296840997">
<enum>
(B)
</enum>
<text>
dislocated worker
employment and training activities.
</text>
</subparagraph>
</paragraph>
<paragraph id="IDa8abc4cc1b254d66b397cf72d5a8ed55">
<enum>
(5)
</enum>
<header>
Allocation
</header>
<subparagraph id="IDd82a2b7e62d54a78ab50dd5a950102d1">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The Governor shall allocate the funds described in
paragraph (1) to local areas under paragraphs (2) and (3) for the purpose of
providing a single system of employment and training activities for adults and
dislocated workers in accordance with subsections (c) and (d) of section 134.
</text>
</subparagraph>
<subparagraph id="ID20bc22220af14ea0b3456e6bad2255f8">
<enum>
(B)
</enum>
<header>
Additional
requirements
</header>
<clause id="IDcf2d5a9b7dd34f269762f78555841d96">
<enum>
(i)
</enum>
<header>
Adults
</header>
<text>
Funds
allocated under paragraph (2)(A) or (3) shall be used by a local area to
contribute to the costs of the one-stop delivery system described in section 121(e)
as determined under section 121(h) and to pay
for employment and training activities provided to adults in the local area,
consistent with section 134.
</text>
</clause>
<clause id="ID77e7cbf1ef704669b997f312f1373919">
<enum>
(ii)
</enum>
<header>
Dislocated
workers
</header>
<text>
Funds allocated under paragraph (2)(B) shall be used by a
local area to contribute to the costs of the one-stop delivery system described
in section 121(e) as determined under section 121(h)
and to pay for employment and training activities provided to dislocated
workers in the local area, consistent with section 134.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="IDcf0490986547406183d8842159bb283e">
<enum>
(c)
</enum>
<header>
Reallocation
among local areas
</header>
<paragraph id="ID901dcb1fe5d7443e9dbc83c08b136a6a">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Governor may, in accordance with this subsection and after consultation with the State board,
reallocate to eligible local areas within the State amounts that are made
available to local areas from allocations made under paragraph (2)(A) or (3) of
subsection (b) or a corresponding provision of the
Workforce Investment Act of 1998 for adult employment and training activities, or
under subsection
(b)(2)(B) or a corresponding provision of the
Workforce Investment Act of 1998 for dislocated worker employment and training
activities (referred to
individually in this subsection as a
<quote>
local allocation
</quote>
) and that
are available for reallocation.
</text>
</paragraph>
<paragraph id="ID74cc58f98f67404fb856edbcf7eccda8">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text>
The amount available for reallocation for a program year—
</text>
<subparagraph id="idED1F3C73A0C344F49480AE294185C3D8">
<enum>
(A)
</enum>
<text>
for adult employment and training activities is equal to the amount by which the
unobligated balance of the local allocation under paragraph (2)(A) or
(3) of subsection (b) for such activities, at the end of the program year
prior to the program year for which the determination under this
subparagraph
is made, exceeds 20 percent of such allocation for the prior program year;
and
</text>
</subparagraph>
<subparagraph id="id44AF7D35089E4F7FB62FB2F7DF36688E">
<enum>
(B)
</enum>
<text>
for dislocated worker employment and training activities is equal to the amount by which the
unobligated balance of the local allocation under subsection (b)(2)(B) for
such activities, at the end of the program year
prior to the program year for which the determination under this
subparagraph
is made, exceeds 20 percent of such allocation for the prior program year.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID44db818605d447a9a0ebe164be6dcc7c">
<enum>
(3)
</enum>
<header>
Reallocation
</header>
<text>
In
making reallocations to eligible local areas of amounts available pursuant to
paragraph (2) for a program year, the Governor shall allocate to each eligible
local area within the State—
</text>
<subparagraph id="ID666a8c5bfe294d87aa99e199cdbed01b">
<enum>
(A)
</enum>
<text>
with respect to
such available amounts that were allocated under paragraph (2)(A) or (3) of
subsection (b), an amount based on the relative amount of the local allocation
under paragraph (2)(A) or (3) of subsection (b), as appropriate, for the
program year for which the determination is made, as compared to the total
amount of the local allocations under paragraph (2)(A) or (3) of subsection
(b), as appropriate, for all eligible local areas in the State for such program
year; and
</text>
</subparagraph>
<subparagraph id="ID73ad76f7f28746e4910031e022169417">
<enum>
(B)
</enum>
<text>
with respect to
such available amounts that were allocated under subsection (b)(2)(B), an
amount based on the relative amount of the local allocation under subsection
(b)(2)(B) for the program year for which the determination is made, as compared
to the total amount of the local allocations under subsection (b)(2)(B) for all
eligible local areas in the State for
such program year.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID9a0f125f80da4781ba9785b5ce788213">
<enum>
(4)
</enum>
<header>
Eligibility
</header>
<text>
For
purposes of this subsection, an eligible local area means—
</text>
<subparagraph id="IDcf59d9f7d1a04ce2b6bf145832634c36">
<enum>
(A)
</enum>
<text>
with respect to
funds allocated through a local allocation for adult employment and training
activities, a local area that does not have an amount of such funds available
for reallocation under paragraph (2) for the program year for which the
determination under paragraph (2) is made; and
</text>
</subparagraph>
<subparagraph id="ID47435bd4fc224d5eb9643508a89d4cbf">
<enum>
(B)
</enum>
<text>
with respect to
funds allocated through a local allocation for dislocated worker employment and
training activities, a local area that does not have an amount of such funds
available for reallocation under paragraph (2) for the program year for which
the determination under paragraph (2) is made.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="ID24dac448b43c45e4ab08df9c39b4740d">
<enum>
134.
</enum>
<header>
Use
of funds for employment and training activities
</header>
<subsection id="ID744ff120b515486f89386608c1d0cd39">
<enum>
(a)
</enum>
<header>
Statewide
employment and training activities
</header>
<paragraph id="IDa4978624b636430da416407d07da87b6">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Funds reserved by a Governor—
</text>
<subparagraph id="IDeb2a9c0050d549658be5c5c372fe8e24">
<enum>
(A)
</enum>
<text>
as described in
section 133(a)(2) shall be used to carry out the statewide rapid response
activities described in paragraph (2)(A); and
</text>
</subparagraph>
<subparagraph id="IDe09c7d6b70004537a86fb6589f8061c9">
<enum>
(B)
</enum>
<text>
as described in
sections 128(a) and 133(a)(1)—
</text>
<clause id="ID01452666aad046499f54fbdb18e592a8">
<enum>
(i)
</enum>
<text>
shall
be used to carry out the statewide employment and training activities described
in paragraph (2)(B); and
</text>
</clause>
<clause id="ID56a2862421d4453a836ce971b5f82116">
<enum>
(ii)
</enum>
<text>
may be
used to carry out any of the statewide employment and training activities
described in paragraph (3),
</text>
</clause>
<continuation-text continuation-text-level="subparagraph">
regardless of
whether the funds were allotted to the State under section 127(b)(1) or under
paragraph (1) or (2) of section 132(b).
</continuation-text>
</subparagraph>
</paragraph>
<paragraph id="ID490ebf97d8c245b6a136dcd93eaee68a">
<enum>
(2)
</enum>
<header>
Required
statewide employment and training activities
</header>
<subparagraph id="IDba0d0236e257430b9646840a2d62d7c7">
<enum>
(A)
</enum>
<header>
Statewide rapid
response activities
</header>
<clause id="IDe9334b6c8c6d409fb364d7dbd8369d91">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
A State shall carry out statewide rapid response
activities using funds reserved by the Governor for the State under section
133(a)(2), which activities shall include—
</text>
<subclause id="IDfec0ccdad791477f9b5b439819f58c97">
<enum>
(I)
</enum>
<text>
provision of
rapid response activities, carried out in local areas by the State or by an
entity designated by the State, working in conjunction with the local boards
and the chief elected officials for the local areas; and
</text>
</subclause>
<subclause id="IDa3cc0896a6e4491490b9a5d8957c174b">
<enum>
(II)
</enum>
<text>
provision of
additional assistance to local areas that experience disasters, mass layoffs,
or plant closings, or other events that precipitate substantial increases in
the number of unemployed individuals, carried out in local areas by the State,
working in conjunction with the local boards and the chief elected officials
for the local areas.
</text>
</subclause>
</clause>
<clause id="ID46851001f2e4434da3e8c9fc64a882dc">
<enum>
(ii)
</enum>
<header>
Use
of unobligated funds
</header>
<text>
Funds reserved by a Governor under section 133(a)(2), and section 133(a)(2) of the Workforce
Investment Act of 1998 (as in
effect on the day before the date of enactment of this Act), to carry out this
subparagraph that remain unobligated after the first program year for which
such funds were allotted may be used by the Governor to carry out statewide
activities authorized under subparagraph (B) or paragraph (3)(A), in addition
to activities under this subparagraph.
</text>
</clause>
</subparagraph>
<subparagraph id="IDe1cb73af56a840dfb08f8ef1683685c7">
<enum>
(B)
</enum>
<header>
Statewide
employment and training activities
</header>
<text>
Funds reserved by a Governor
under sections 128(a)(1) and 133(a)(1) and not used under paragraph (1)(A)
(regardless of whether the funds were allotted to the States under section
127(b)(1)(C) or paragraph (1)(B) or (2)(B) of section 132(b)) shall be
used for
statewide employment and training activities, including—
</text>
<clause id="ID9f821a5b81cf4108bf014e2fc6f3b24b">
<enum>
(i)
</enum>
<text>
providing assistance to—
</text>
<subclause id="ID1a6e8046d45c436895afae863bd1a7a8">
<enum>
(I)
</enum>
<text>
State entities
and agencies, local areas, and one-stop partners in carrying out the activities
described in the State plan, including the coordination and alignment of data
systems used to carry out the requirements of this Act;
</text>
</subclause>
<subclause id="IDf0cbcfd6abb64200be4a71b5edf1d237">
<enum>
(II)
</enum>
<text>
local areas for
carrying out the regional planning and service delivery efforts
required
under section 106(c);
</text>
</subclause>
<subclause id="id240dd125db2546a7b63ce71b8a96d55e">
<enum>
(III)
</enum>
<text>
local areas by providing information on and support for the effective development, convening, and
implementation of industry or sector partnerships; and
</text>
</subclause>
<subclause id="ID3e4e8eb3dbb940dab820ccc54a097eb3">
<enum>
(IV)
</enum>
<text>
local areas,
one-stop operators, one-stop partners, and eligible providers, including the
development and training of staff, which may include the development and
training of staff to provide opportunities for individuals with barriers to
employment to enter in-demand industry sectors or occupations and
nontraditional occupations, the development of exemplary program activities,
and the provision of technical assistance to local areas that fail to meet
local performance accountability measures described in section 116(c);
</text>
</subclause>
</clause>
<clause commented="no" id="IDdff0ba7965a84808945bd726fde21bc8">
<enum>
(ii)
</enum>
<text>
providing
assistance to local areas as described in section 106(b)(6);
</text>
</clause>
<clause id="IDd801df993de8467a8088926f77f6e5c9">
<enum>
(iii)
</enum>
<text>
operating a
fiscal and management accountability information system in accordance with
section 116(i);
</text>
</clause>
<clause id="IDb1de488917db45dd8240fd7e79fe9d19">
<enum>
(iv)
</enum>
<text>
carrying out
monitoring and oversight of activities carried out under this chapter and
chapter 2;
</text>
</clause>
<clause id="ID40cc0c576d544df5a9273b908c54b1a6">
<enum>
(v)
</enum>
<text>
disseminating—
</text>
<subclause id="ID8b3b3b416563464088bddb702b0b124d">
<enum>
(I)
</enum>
<text>
the
State list of eligible providers of training services, including eligible
providers of nontraditional training services and eligible providers of
apprenticeship programs described in section 122(a)(2)(B);
</text>
</subclause>
<subclause id="ID7e10d5d8b53e41e2958ba686692b5b2f">
<enum>
(II)
</enum>
<text>
information
identifying eligible providers of on-the-job training, customized training,
incumbent worker training, internships, paid or unpaid work experience
opportunities, or transitional jobs;
</text>
</subclause>
<subclause id="ID32b8460c0ac74d6fa25746cb861e8f04">
<enum>
(III)
</enum>
<text>
information on
effective outreach to, partnerships with, and services for, business;
</text>
</subclause>
<subclause id="ID0fbd2db4fe7f4db39adf8966a53ede99">
<enum>
(IV)
</enum>
<text>
information on
effective service delivery strategies to serve workers and job seekers;
</text>
</subclause>
<subclause id="ID91bfbc97e0904462beedbcb0c4466609">
<enum>
(V)
</enum>
<text>
performance
information and information on the cost of attendance (including tuition and
fees) for
participants in applicable programs, as described in subsections (d) and (h) of
section 122; and
</text>
</subclause>
<subclause id="ID10f321203e434e67be4100f85720812b">
<enum>
(VI)
</enum>
<text>
information on
physical and programmatic accessibility, in accordance with section 188, if
applicable, and the
Americans with Disabilities Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12101">
42 U.S.C. 12101 et seq.
</external-xref>
), for
individuals with disabilities; and
</text>
</subclause>
</clause>
<clause id="ID221f3f9a08374cccbec9df4dc8ea6b28">
<enum>
(vi)
</enum>
<text>
conducting
evaluations under section 116(e) of activities authorized under this chapter
and chapter 2 in coordination with evaluations carried out by the Secretary
under section 169(a).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="ID74c1583e0db94199b8c4a548729050fc">
<enum>
(3)
</enum>
<header>
Allowable
statewide employment and training activities
</header>
<subparagraph id="IDdad52d7703824e5eaef7c78a353eb5f3">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Funds reserved by a Governor under sections 128(a)(1) and
133(a)(1) and not used under paragraph (1)(A) or (2)(B) (regardless of whether
the funds were allotted to the State under section 127(b)(1)(C) or paragraph
(1)(B) or (2)(B) of section 132(b)) may be used to carry out additional
statewide employment and training activities, which may include—
</text>
<clause id="id390a52da28eb4fe2ade839982f6428ca">
<enum>
(i)
</enum>
<text>
implementing innovative programs and strategies designed to meet the needs of all employers
(including small employers) in the State, which programs and strategies
may include incumbent worker
training programs, customized training, sectoral and industry cluster
strategies and implementation of industry or sector partnerships, career
pathway
programs, microenterprise and
entrepreneurial training and support programs, utilization of effective
business intermediaries, layoff aversion strategies, activities to improve
linkages between the one-stop delivery system in the State and all
employers (including small employers) in the State, and other business
services and strategies that better engage employers in workforce
investment activities and make the workforce development system more
relevant to the needs of State and local businesses, consistent with the
objectives of this title;
</text>
</clause>
<clause id="IDf1dbf53b3ce0432cb0593ccc83dbfda5">
<enum>
(ii)
</enum>
<text>
developing
strategies for effectively serving individuals with barriers to employment and
for coordinating programs and services among one-stop partners;
</text>
</clause>
<clause id="id486414b39fb4453a83e086e5344d2611">
<enum>
(iii)
</enum>
<text>
the development or identification of education and training programs that respond to real-time
labor market analysis, that utilize direct assessment and prior learning
assessment to measure and provide credit for prior knowledge, skills,
competencies, and experiences, that evaluate such skills and competencies
for
adaptability, that ensure credits are portable and stackable for more
skilled
employment, and that accelerate course or credential completion;
</text>
</clause>
<clause id="ID15c97badee9a4676a022a5c023005cd3">
<enum>
(iv)
</enum>
<text>
implementing
programs to increase the number of individuals training for and placed in
nontraditional employment;
</text>
</clause>
<clause id="ID6ea7ec3428484434a8bd55f391a13d8b">
<enum>
(v)
</enum>
<text>
carrying out
activities to facilitate remote access to services, including training services
described in subsection (c)(3), provided through a one-stop delivery system,
including facilitating access through the use of technology;
</text>
</clause>
<clause id="ID50edf7b422a34e4c94ef6a95fb191d39">
<enum>
(vi)
</enum>
<text>
supporting the
provision of career services described in subsection (c)(2) in the one-stop
delivery systems in the State;
</text>
</clause>
<clause id="IDd8222dd9ff34473791bc7fcca806be12">
<enum>
(vii)
</enum>
<text>
coordinating
activities with the child welfare system to facilitate provision of services
for children and youth who are eligible for assistance under
section 477 of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/677">
42 U.S.C. 677
</external-xref>
);
</text>
</clause>
<clause id="ID196cf944d04e46c199f2bacb96986786">
<enum>
(viii)
</enum>
<text>
activities—
</text>
<subclause id="ID7d1049eca3d84ef1ab0ae42aa4d6c3a4">
<enum>
(I)
</enum>
<text>
to
improve coordination of workforce investment activities with economic
development activities;
</text>
</subclause>
<subclause id="ID8f4fb2500a2a4c5d89db24b8f3a45146">
<enum>
(II)
</enum>
<text>
to
improve coordination of employment and training activities with—
</text>
<item id="idA13B9723475A4E169025E05C0D4FCA78">
<enum>
(aa)
</enum>
<text>
child support
services, and assistance provided by State and local agencies carrying out part
D of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/651">
42 U.S.C. 651 et seq.
</external-xref>
);
</text>
</item>
<item id="ID32df689cf6834e808cabcef813ae3780">
<enum>
(bb)
</enum>
<text>
cooperative
extension programs carried out by the Department of Agriculture;
</text>
</item>
<item id="IDdbd5b9dba66346e681f4e3a0f6ec2783">
<enum>
(cc)
</enum>
<text>
programs carried
out in local areas for individuals with disabilities, including programs
carried out by State agencies relating to intellectual disabilities and
developmental disabilities, activities carried out by Statewide Independent
Living Councils established under section 705 of the Rehabilitation Act of 1973
(
<external-xref legal-doc="usc" parsable-cite="usc/29/796d">
29 U.S.C. 796d
</external-xref>
), programs funded under part B of chapter 1 of title VII of
such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e">
29 U.S.C. 796e et seq.
</external-xref>
), and activities carried out by centers for
independent living, as defined in section 702 of such Act (29 U.S.C.
796a);
</text>
</item>
<item id="id9836c79012ce461d8fc90df2de5f9af7">
<enum>
(dd)
</enum>
<text>
adult education and literacy activities, including those provided by public libraries;
</text>
</item>
<item id="id7c1cace57e9e46c98171488dd0790910">
<enum>
(ee)
</enum>
<text>
activities in the corrections system that assist ex-offenders in reentering the workforce; and
</text>
</item>
<item id="idd5425a8f6439472db08eef2e918ab122">
<enum>
(ff)
</enum>
<text>
financial literacy activities including those described in section 129(b)(2)(D); and
</text>
</item>
</subclause>
<subclause id="IDcf166a0dddbb471ca82d235e2b1384ea">
<enum>
(III)
</enum>
<text>
consisting of development and dissemination of workforce and labor market information;
</text>
</subclause>
</clause>
<clause id="ID892b27af294e43b29ae85fe9ff8e874c">
<enum>
(ix)
</enum>
<text>
conducting research and demonstration projects related
to meeting the employment and education needs of adult and dislocated workers;
</text>
</clause>
<clause id="IDecd82a6a5a0c4e768314cd1942420778">
<enum>
(x)
</enum>
<text>
implementing
promising services for workers and businesses, which may include providing
support for education, training, skill upgrading, and statewide networking for
employees to become workplace learning advisors and maintain proficiency in
carrying out the activities associated with such advising;
</text>
</clause>
<clause id="id9ED3B74F51C345099352955AC4E4236C">
<enum>
(xi)
</enum>
<text>
providing
incentive grants to local areas for performance by the local areas on local
performance accountability measures described in section 116(c);
</text>
</clause>
<clause id="IDf300f2c26f8d46d8984c326e39eb2bae">
<enum>
(xii)
</enum>
<text>
adopting,
calculating, or commissioning for approval an economic self-sufficiency
standard for the State that specifies the income needs of families, by family
size, the number and ages of children in the family, and substate geographical
considerations;
</text>
</clause>
<clause id="ID54102f078dd44f8eb145bedea77ef296">
<enum>
(xiii)
</enum>
<text>
developing and
disseminating common intake procedures and related items, including
registration processes, materials, or software; and
</text>
</clause>
<clause commented="no" id="id2FC1D948CA97482597CB66F039157394">
<enum>
(xiv)
</enum>
<text>
providing technical assistance to local areas that are implementing pay-for-performance contract
strategies, which technical assistance may include providing assistance
with data collection, meeting data entry requirements, identifying levels
of performance, and conducting evaluations of such strategies.
</text>
</clause>
</subparagraph>
<subparagraph id="IDc6d6f759f14a4c52a277ec5f1c0116d9">
<enum>
(B)
</enum>
<header>
Limitation
</header>
<clause id="ID770c60a4f7054243acbd61d83fa57f2b">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
Of the funds allotted to a State under sections 127(b)
and 132(b) and reserved as described in sections 128(a) and 133(a)(1) for a
fiscal year—
</text>
<subclause id="ID32f4a1ed020440afa6b46a7998236f4b">
<enum>
(I)
</enum>
<text>
not
more than 5 percent of the amount allotted under section 127(b)(1);
</text>
</subclause>
<subclause id="IDd4a837aa171148c6bdc7b7d8f4647253">
<enum>
(II)
</enum>
<text>
not
more than 5 percent of the amount allotted under section 132(b)(1); and
</text>
</subclause>
<subclause id="ID3c2e1374c886495abcd49bd5b37cec1e">
<enum>
(III)
</enum>
<text>
not more than 5
percent of the amount allotted under section 132(b)(2),
</text>
</subclause>
<continuation-text continuation-text-level="clause">
may be used by the
State for the administration of statewide youth workforce investment activities
carried out under section 129 and statewide employment and training activities
carried out under this section.
</continuation-text>
</clause>
<clause id="ID00613e12921f41558b7cba813fd9e3a0">
<enum>
(ii)
</enum>
<header>
Use
of funds
</header>
<text>
Funds made available for administrative costs under
clause (i) may be used for the administrative cost of any of the statewide
youth workforce investment activities or statewide employment and training
activities, regardless of whether the funds were allotted to the State under
section 127(b)(1) or paragraph (1) or (2) of section 132(b).
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="IDb956d0022abd4af1b1ad4bb8c93a3aef">
<enum>
(b)
</enum>
<header>
Local
employment and training activities
</header>
<text>
Funds allocated to a local
area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b),
and funds allocated to a local area for dislocated workers under
section 133(b)(2)(B)—
</text>
<paragraph id="ID33b1e964a6fa44a68bf5c2e7fa1fc3dd">
<enum>
(1)
</enum>
<text>
shall be used to
carry out employment and training activities described in subsection (c) for
adults or dislocated workers, respectively; and
</text>
</paragraph>
<paragraph id="IDd70fb3440e2d40d68415911b5da808a1">
<enum>
(2)
</enum>
<text>
may
be used to carry out employment and training activities described in subsection
(d) for adults or dislocated workers, respectively.
</text>
</paragraph>
</subsection>
<subsection id="ID7762f9eaa2c44ad597eba7ce39462b14">
<enum>
(c)
</enum>
<header>
Required local
employment and training activities
</header>
<paragraph id="ID1e1c533d03dd4f8e9cac60fcc6c96af1">
<enum>
(1)
</enum>
<header>
In
general
</header>
<subparagraph id="IDfc7706a21b3c415eba61420fbfad3849">
<enum>
(A)
</enum>
<header>
Allocated
funds
</header>
<text>
Funds allocated to a local area for adults under paragraph
(2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the
local area for dislocated workers under section 133(b)(2)(B), shall be
used—
</text>
<clause id="ID6297665534d74332b8702080addeac49">
<enum>
(i)
</enum>
<text>
to
establish a one-stop delivery system described in section 121(e);
</text>
</clause>
<clause id="IDa0763444e9dd41fe9525089b91c37a89">
<enum>
(ii)
</enum>
<text>
to
provide the career services described in paragraph (2) to adults and dislocated
workers, respectively, through the one-stop delivery system in accordance with
such paragraph;
</text>
</clause>
<clause id="ID9b352e1d93934c1eb95e95fab87e7f7f">
<enum>
(iii)
</enum>
<text>
to
provide training services described in paragraph (3) to adults and dislocated
workers, respectively, described in such paragraph;
</text>
</clause>
<clause id="IDb95acc3d1a17484daa23a31f26f0316f">
<enum>
(iv)
</enum>
<text>
to
establish and develop relationships and networks with large and small employers
and their intermediaries; and
</text>
</clause>
<clause id="id8c3d7a563014434a9c352cc7ac52e84e">
<enum>
(v)
</enum>
<text>
to develop, convene, or implement industry or sector partnerships.
</text>
</clause>
</subparagraph>
<subparagraph id="ID099b98269d4a480780ebcdb596478757">
<enum>
(B)
</enum>
<header>
Other
funds
</header>
<text>
Consistent with subsections (h) and (i) of section 121, a
portion of the funds made available under Federal law authorizing the programs
and activities described in section 121(b)(1)(B), including the Wagner-Peyser
Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
), shall be used as described in clauses (i) and (ii)
of subparagraph (A), to the extent not inconsistent with the Federal law
involved.
</text>
</subparagraph>
</paragraph>
<paragraph id="IDbbb4997763ce4e7099db3f586d45c4c0">
<enum>
(2)
</enum>
<header>
Career
services
</header>
<subparagraph id="idD90D333E6FE141D7BC11626F8DC80EC5">
<enum>
(A)
</enum>
<header>
Services provided
</header>
<text>
Funds described in paragraph (1) shall be used to
provide career services, which shall be available to individuals who are adults
or dislocated workers through the one-stop delivery system and shall, at a
minimum, include—
</text>
<clause id="ID19d7a5b85a8d494c90c3945afc426df6">
<enum>
(i)
</enum>
<text>
determinations of
whether the individuals are eligible to receive assistance under this
subtitle;
</text>
</clause>
<clause id="ID7b6b4ae69eed4f898e23e4892b8e23dc">
<enum>
(ii)
</enum>
<text>
outreach, intake
(which may include worker profiling), and orientation to the information and
other services available through the one-stop delivery system;
</text>
</clause>
<clause id="ID03da712342674123a59991b97af7b9e6">
<enum>
(iii)
</enum>
<text>
initial
assessment of skill levels (including literacy, numeracy, and English language
proficiency), aptitudes, abilities (including skills gaps), and supportive
service needs;
</text>
</clause>
<clause id="ID0afe932813354326bc89dbb85f490914">
<enum>
(iv)
</enum>
<text>
labor exchange
services, including—
</text>
<subclause id="ID68026114584f4f8897a9f513c5e36dc9">
<enum>
(I)
</enum>
<text>
job
search and placement assistance and, in appropriate cases, career counseling,
including—
</text>
<item id="ID96273239fa80468398a7e3e14b8db658">
<enum>
(aa)
</enum>
<text>
provision of
information on in-demand industry sectors and occupations; and
</text>
</item>
<item id="IDbac17503ed6a4dac8639f11ae5d9556f">
<enum>
(bb)
</enum>
<text>
provision of
information on nontraditional employment; and
</text>
</item>
</subclause>
<subclause id="IDf7400b942c764637948ffb42d17988b3">
<enum>
(II)
</enum>
<text>
appropriate
recruitment and other business services on behalf of employers, including small
employers, in the local area, which services may include services described in
this subsection, such as providing information and referral to specialized
business services not traditionally offered through the one-stop delivery
system;
</text>
</subclause>
</clause>
<clause id="IDa2fa3c6fa553473ba5d58122bccd5382">
<enum>
(v)
</enum>
<text>
provision of
referrals to and coordination of activities with other programs and services,
including programs and services within the one-stop delivery system and, in
appropriate cases, other workforce development programs;
</text>
</clause>
<clause id="IDac44cfd8a9c64d89a8d8cc9b1eb0fed4">
<enum>
(vi)
</enum>
<text>
provision of
workforce and labor market employment statistics information, including the
provision of accurate information relating to local, regional, and national
labor market areas, including—
</text>
<subclause id="IDe77ee5a97ab8429eaea669659dcf70c9">
<enum>
(I)
</enum>
<text>
job
vacancy listings in such labor market areas;
</text>
</subclause>
<subclause id="IDbfd2da26e6d5446682446a038d703c38">
<enum>
(II)
</enum>
<text>
information on
job skills necessary to obtain the jobs described in subclause (I); and
</text>
</subclause>
<subclause id="IDd16e31f8197847a89a4a1765038948e0">
<enum>
(III)
</enum>
<text>
information
relating to local occupations in demand and the earnings, skill requirements,
and opportunities for advancement for such occupations; and
</text>
</subclause>
</clause>
<clause id="ID79f3587ce26d4544be9f38b9d38f2e7c">
<enum>
(vii)
</enum>
<text>
provision of
performance information and program cost information on eligible providers of
training services as described in section 122, provided by program, and
eligible providers of youth workforce investment activities described in
section 123, providers of adult education described in title II, providers of
career and technical education activities at the postsecondary level, and
career and technical education activities available to school dropouts, under
the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301
et seq.), and providers of vocational rehabilitation services described in
title I of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
);
</text>
</clause>
<clause id="ID8a2a3b739bc1418d997672584777e10b">
<enum>
(viii)
</enum>
<text>
provision of
information, in formats that are usable by and understandable to one-stop
center customers, regarding how the local area is performing on the local
performance accountability measures described in section 116(c) and any
additional performance information with respect to the one-stop delivery system
in the local area;
</text>
</clause>
<clause id="id8769A9D30AAD420E894DB1384FE3CE86">
<enum>
(ix)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="id860AF740230542E68FE4F51E4F78C099">
<enum>
(I)
</enum>
<text>
provision of
information, in formats that are usable by and understandable to one-stop
center customers, relating to the availability of supportive services or
assistance, including child care, child support, medical or child health
assistance under title XIX or XXI of the Social Security Act (42 U.S.C. 1396 et
seq. and 1397aa et seq.), benefits under the supplemental nutrition assistance
program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.), assistance through the earned income tax credit under section 32 of the
Internal Revenue Code of 1986, and assistance under a State program for
temporary assistance for needy families funded under part A of title IV of the
Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/601">
42 U.S.C. 601 et seq.
</external-xref>
) and other supportive services and
transportation provided through funds made available under such part, available
in the local area; and
</text>
</subclause>
<subclause changed="added" id="id2F06F66E165A419AAE898E96E29CE8E1" indent="up1" reported-display-style="italic">
<enum>
(II)
</enum>
<text>
referral to the services or
assistance described in subclause (I), as appropriate;
</text>
</subclause>
</clause>
<clause id="ID816db11a030b47a48f3b92e0803f7766">
<enum>
(x)
</enum>
<text>
provision of
information and assistance regarding filing claims for unemployment
compensation;
</text>
</clause>
<clause id="ID9343395dcfcc49ceb0af9234295fb8ce">
<enum>
(xi)
</enum>
<text>
assistance in
establishing eligibility for programs of financial aid assistance for training
and education programs that are not funded under this Act;
</text>
</clause>
<clause id="id3975d35aa0e247e1b7cadf2351a9a6d8">
<enum>
(xii)
</enum>
<text>
services, if determined to be appropriate in order for an individual to obtain or retain
employment, that consist of—
</text>
<subclause id="idbf53587f55294fa7b2e007565cfb6918">
<enum>
(I)
</enum>
<text>
comprehensive and specialized assessments of the skill levels and service needs of adults and
dislocated workers, which may include—
</text>
<item id="id4061b48b8f6d453289c0917a3fff0afd">
<enum>
(aa)
</enum>
<text>
diagnostic testing and use of other assessment tools; and
</text>
</item>
<item id="id8075e5cdcc924024b77e8beba95ff6f1">
<enum>
(bb)
</enum>
<text>
in-depth interviewing and evaluation to identify employment barriers and appropriate employment
goals;
</text>
</item>
</subclause>
<subclause id="id42bd6e57f60e461aa9d4219254edf04a">
<enum>
(II)
</enum>
<text>
development of an individual employment plan, to identify the employment goals, appropriate
achievement objectives, and appropriate combination of services for the
participant to achieve the employment goals, including providing
information on eligible providers of training services pursuant to
paragraph (3)(F)(ii), and career pathways to attain career objectives;
</text>
</subclause>
<subclause id="id9fc90028f7b848c0a9a690403843496b">
<enum>
(III)
</enum>
<text>
group counseling;
</text>
</subclause>
<subclause id="id69a55c0ca570453a9f0f15fab7584a10">
<enum>
(IV)
</enum>
<text>
individual counseling;
</text>
</subclause>
<subclause id="id54a888651d9749cc99e6b596aa6046f5">
<enum>
(V)
</enum>
<text>
career planning;
</text>
</subclause>
<subclause id="idf17afd50688e49d9a8c5c19db77efaa0">
<enum>
(VI)
</enum>
<text>
short-term prevocational services, including development of learning skills, communication skills,
interviewing skills, punctuality, personal maintenance skills, and
professional conduct, to prepare individuals for unsubsidized employment
or training;
</text>
</subclause>
<subclause id="id1d2f2907fb80471eb1571b7bfbd060d8">
<enum>
(VII)
</enum>
<text>
internships and work experiences that are linked to careers;
</text>
</subclause>
<subclause id="id70973c31d3914957be96d1d28885b962">
<enum>
(VIII)
</enum>
<text>
workforce preparation activities;
</text>
</subclause>
<subclause id="ida780da146a74426a81cd2538f36da7cb">
<enum>
(IX)
</enum>
<text>
financial literacy services, such as the activities described in section 129(b)(2)(D);
</text>
</subclause>
<subclause id="id64b6ae17c90c4e11a8e22bc4da7ed68b">
<enum>
(X)
</enum>
<text>
out-of-area job search assistance and relocation assistance; or
</text>
</subclause>
<subclause id="idf215d3bc4ec548299925bd5130b167c6">
<enum>
(XI)
</enum>
<text>
English language acquisition and integrated education and training programs; and
</text>
</subclause>
</clause>
<clause id="ID266bb2cf9e204603ad583a1b4dc4a0a5">
<enum>
(xiii)
</enum>
<text>
followup
services, including counseling regarding the workplace, for participants in
workforce investment activities authorized under this subtitle who are placed
in unsubsidized employment, for not less than 12 months after the first day of
the employment, as appropriate.
</text>
</clause>
</subparagraph>
<subparagraph id="idd1d99a6d465a4512ad85d2e825ec611f">
<enum>
(B)
</enum>
<header>
Use of previous assessments
</header>
<text>
A one-stop operator or one-stop partner shall not be required to conduct a new interview,
evaluation, or assessment of a participant under subparagraph (A)(xii) if
the
one-stop operator or one-stop partner determines that it is appropriate to
use a recent interview, evaluation, or assessment of the participant
conducted pursuant to another education or training program.
</text>
</subparagraph>
<subparagraph id="ID8d45c5cc0b894b749d3a56f7f7e94171">
<enum>
(C)
</enum>
<header>
Delivery of
services
</header>
<text>
The career services described in subparagraph (A) shall be provided through the
one-stop delivery system—
</text>
<clause id="ID66d9952c70eb4c33ad44ed40510c5aee">
<enum>
(i)
</enum>
<text>
directly through
one-stop operators identified pursuant to section 121(d); or
</text>
</clause>
<clause id="IDf7571ccd767d40c3a4b809ad9cc80b84">
<enum>
(ii)
</enum>
<text>
through
contracts with service providers, which may include contracts with public,
private for-profit, and private nonprofit service providers, approved by the
local board.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="ID4bd13bc21b694179a156f21978228d1e">
<enum>
(3)
</enum>
<header>
Training
services
</header>
<subparagraph id="ID40420a58342f4335be1f908a652c962d">
<enum>
(A)
</enum>
<header>
In
general
</header>
<clause id="IDada722cfed59412990804885df08cc17">
<enum>
(i)
</enum>
<header>
Eligibility
</header>
<text>
Except
as provided in clause (ii), funds allocated to a local area for adults under
paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated
to the local area for dislocated workers under section 133(b)(2)(B), shall be
used to provide training services to adults and dislocated workers,
respectively—
</text>
<subclause id="ID8ce780b514e342ea99b7b236946ec3ad">
<enum>
(I)
</enum>
<text>
who,
after an interview, evaluation, or assessment, and career planning, have been
determined by a one-stop operator or one-stop partner, as appropriate,
to—
</text>
<item id="IDdde9b6635f5c4cd9a1f1c793a4a7c5ae">
<enum>
(aa)
</enum>
<text>
be
unlikely or unable to obtain or retain employment, that leads to economic
self-sufficiency or wages comparable to or higher than wages from previous
employment, through the career services described in paragraph (2)(A)(xii);
</text>
</item>
<item id="ID0a073f7a0d3a4d45bf8732c8df235525">
<enum>
(bb)
</enum>
<text>
be in
need of training services to obtain or retain employment that leads to economic
self-sufficiency or wages comparable to or higher than wages from previous
employment; and
</text>
</item>
<item id="ID65e0fc2e7876447aa2dbe0f68d73a9a5">
<enum>
(cc)
</enum>
<text>
have the
skills and qualifications to successfully participate in the selected program
of training services;
</text>
</item>
</subclause>
<subclause id="ID117f63e277e14361bf82857b19851fec">
<enum>
(II)
</enum>
<text>
who
select programs of training services that are directly linked to the employment
opportunities in the local area or the planning region, or in another area
to which
the adults or dislocated workers are willing to commute or relocate;
</text>
</subclause>
<subclause id="ID6f09d9d87e9d40588877d36c1ef16a69">
<enum>
(III)
</enum>
<text>
who meet the
requirements of subparagraph (B); and
</text>
</subclause>
<subclause id="IDcd0eac03de8a4c4884df64050fb77263">
<enum>
(IV)
</enum>
<text>
who
are determined to be eligible in accordance with the priority system in effect
under subparagraph (E).
</text>
</subclause>
</clause>
<clause id="IDfd744ade100844938b06268e12a4630e">
<enum>
(ii)
</enum>
<header>
Use
of previous assessments
</header>
<text>
A one-stop operator or one-stop partner
shall not be required to conduct a new interview, evaluation, or assessment of
a participant under clause (i) if the one-stop operator or one-stop partner
determines that it is appropriate to use a recent interview, evaluation, or
assessment of the participant conducted pursuant to another education or
training program.
</text>
</clause>
<clause id="ID39cae1978957459b8cd8a0b124d864eb">
<enum>
(iii)
</enum>
<header>
Rule of
construction
</header>
<text>
Nothing in this subparagraph shall be construed to
mean an individual is required to receive career services prior to
receiving training services.
</text>
</clause>
</subparagraph>
<subparagraph id="IDe2d4481a24444dffae7b49fc82786639">
<enum>
(B)
</enum>
<header>
Qualification
</header>
<clause id="IDfe8d6bfa090e451eb2f0e522f31d96f5">
<enum>
(i)
</enum>
<header>
Requirement
</header>
<text>
Notwithstanding
section 479B of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1087uu">
20 U.S.C. 1087uu
</external-xref>
) and except
as provided in clause (ii), provision of such training services shall be
limited to individuals who—
</text>
<subclause id="ID7066e0d8c0824cd19198e6266ecc8725">
<enum>
(I)
</enum>
<text>
are
unable to obtain other grant assistance for such services, including Federal
Pell Grants established under subpart 1 of part A of title IV of the Higher
Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1070a">
20 U.S.C. 1070a et seq.
</external-xref>
); or
</text>
</subclause>
<subclause id="ID053bc6288a674806af538369030bb59e">
<enum>
(II)
</enum>
<text>
require
assistance beyond the assistance made available under other grant assistance
programs, including Federal Pell Grants.
</text>
</subclause>
</clause>
<clause id="ID539711599f534281928ec9e1bf43e61e">
<enum>
(ii)
</enum>
<header>
Reimbursements
</header>
<text>
Training
services may be provided under this paragraph to an individual who otherwise
meets the requirements of this paragraph while an application for a Federal
Pell Grant is pending, except that if such individual is subsequently awarded a
Federal Pell Grant, appropriate reimbursement shall be made to the local area
from such Federal Pell Grant.
</text>
</clause>
<clause id="ID4a0e327d3f83422f890f2a4ac97485d6">
<enum>
(iii)
</enum>
<header>
Consideration
</header>
<text>
In
determining whether an individual requires assistance under clause (i)(II), a
one-stop operator (or one-stop partner, where appropriate) may take into
consideration the full cost of participating in training services, including
the costs of dependent care and transportation, and other appropriate
costs.
</text>
</clause>
</subparagraph>
<subparagraph id="ID1521acb9cf6448c886ecb763c37982e3">
<enum>
(C)
</enum>
<header>
Provider
qualification
</header>
<text>
Training services shall be provided through
providers identified in accordance with section 122.
</text>
</subparagraph>
<subparagraph id="ID9d69a58d0da147cfb7e6c210090d062f">
<enum>
(D)
</enum>
<header>
Training
services
</header>
<text>
Training services may include—
</text>
<clause id="ID3b6bc7e607dd46329a3ad8f035ee418c">
<enum>
(i)
</enum>
<text>
occupational
skills training, including training for nontraditional employment;
</text>
</clause>
<clause id="ID97bfdbf499984aa08e26f96cbbcb2f18">
<enum>
(ii)
</enum>
<text>
on-the-job
training;
</text>
</clause>
<clause id="IDd0d9dde6af7f4c8697fde20b3ee81ff6">
<enum>
(iii)
</enum>
<text>
incumbent
worker training in accordance with subsection (d)(4);
</text>
</clause>
<clause id="IDb07c70e16b5d4804afe08acdf165c3b6">
<enum>
(iv)
</enum>
<text>
programs that
combine workplace training with related instruction, which may include
cooperative education programs;
</text>
</clause>
<clause id="IDe3bb2bc81b9b462196c3f0abb8fcaf19">
<enum>
(v)
</enum>
<text>
training programs
operated by the private sector;
</text>
</clause>
<clause id="ID4fb7a63289af4c95b3d4138926b98bc2">
<enum>
(vi)
</enum>
<text>
skill
upgrading and retraining;
</text>
</clause>
<clause id="IDef01681af1ee447da8a10cfeb25fb371">
<enum>
(vii)
</enum>
<text>
entrepreneurial
training;
</text>
</clause>
<clause id="IDe9aa9e95f4ae4f9aa56a6eeb293c16a4">
<enum>
(viii)
</enum>
<text>
transitional
jobs in accordance with subsection (d)(5);
</text>
</clause>
<clause id="ID0f3faaecf17a4b58824d0734911f13d7">
<enum>
(ix)
</enum>
<text>
job
readiness training provided in combination with services described in any of
clauses (i) through (viii);
</text>
</clause>
<clause id="ID6f78d99a59624f3ca1412d8f354f7fbd">
<enum>
(x)
</enum>
<text>
adult
education and literacy activities, including activities of English language
acquisition and integrated education and training programs, provided
concurrently or in combination with services described in any of clauses (i)
through (vii); and
</text>
</clause>
<clause id="IDd7ab5b09037644e29ce7f34b75ad821d">
<enum>
(xi)
</enum>
<text>
customized
training conducted with a commitment by an employer or group of employers to
employ an individual upon successful completion of the training.
</text>
</clause>
</subparagraph>
<subparagraph id="IDcee337c34f7148b1b981957ff731d198">
<enum>
(E)
</enum>
<header>
Priority
</header>
<text>
With
respect to funds allocated to a local area for adult employment and training
activities under paragraph (2)(A) or (3) of section 133(b), priority shall be
given to recipients of public assistance, other low-income individuals, and
individuals who are basic skills deficient for receipt of career services described
in
paragraph
(2)(A)(xii)
and training services. The appropriate local board and the Governor shall
direct the one-stop operators in the local area with regard to making
determinations related to such priority.
</text>
</subparagraph>
<subparagraph id="IDf05ff02cfc8e49aabd09df805aa889cb">
<enum>
(F)
</enum>
<header>
Consumer choice
requirements
</header>
<clause id="IDdd2918245cb145b392f0a8a16ed56577">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
Training services provided under this paragraph shall be
provided in a manner that maximizes consumer choice in the selection of an
eligible provider of such services.
</text>
</clause>
<clause id="ID859777247cc24917aded74e6156b2eb4">
<enum>
(ii)
</enum>
<header>
Eligible
providers
</header>
<text>
Each local board, through one-stop centers, shall make
available the list of eligible providers of training services described in
section 122(d), and accompanying information, in accordance with section 122(d).
</text>
</clause>
<clause id="IDee933925a7eb449b86b9cf9be1a03c10">
<enum>
(iii)
</enum>
<header>
Individual
training accounts
</header>
<text>
An individual who seeks training services and
who is eligible pursuant to subparagraph (A), may, in consultation with a
career planner, select an eligible provider of training services from the list
of providers described in clause (ii). Upon such selection, the one-stop
operator involved shall, to the extent practicable, refer such individual to
the eligible provider of training services, and arrange for payment for such
services through an individual training account.
</text>
</clause>
<clause id="ID7fe7052105ef4a1c8dd923697b6e7cc1">
<enum>
(iv)
</enum>
<header>
Coordination
</header>
<text>
Each
local board may, through one-stop centers, coordinate funding for individual
training accounts with funding from other Federal, State, local, or private job
training programs or sources to assist the individual in obtaining training
services.
</text>
</clause>
<clause commented="no" id="ide62bd7ddbb624bdaae1eaee48eec8050">
<enum>
(v)
</enum>
<header>
Additional
information
</header>
<text>
Priority consideration shall, consistent with clause (i), be given to programs that
lead to recognized postsecondary credentials that are aligned with in-demand
industry sectors or occupations in the local area involved.
</text>
</clause>
</subparagraph>
<subparagraph id="IDc3f600eb13784829bd78786c06ad83bf">
<enum>
(G)
</enum>
<header>
Use of
individual training accounts
</header>
<clause id="ID3fc1d8d905d449cbb32e91becbcdb113">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
Except as provided in clause (ii), training services
provided under this paragraph shall be provided through the use of individual
training accounts in accordance with this paragraph, and shall be provided to
eligible individuals through the one-stop delivery system.
</text>
</clause>
<clause id="IDcd7f0fb5c0a04dc395ba2387559dedec">
<enum>
(ii)
</enum>
<header>
Training
contracts
</header>
<text>
Training services authorized under this paragraph may
be provided pursuant to a contract for services in lieu of an individual
training account if—
</text>
<subclause id="id6A38C25DF7DE4ECD9234297A0465EA74">
<enum>
(I)
</enum>
<text>
the
requirements of subparagraph (F) are met;
</text>
</subclause>
<subclause id="ID739c282f90864362864c599a5a99ad72">
<enum>
(II)
</enum>
<text>
such services
are on-the-job training, customized training, incumbent worker training, or
transitional employment;
</text>
</subclause>
<subclause id="ID1401080591004e4fbc1dbc6b32f71ef8">
<enum>
(III)
</enum>
<text>
the local board
determines there are an insufficient number of eligible providers of training
services in the local area involved (such as in a rural area) to accomplish the
purposes of a system of individual training accounts;
</text>
</subclause>
<subclause id="IDecf1bb544a2943b3b4e493c869174653">
<enum>
(IV)
</enum>
<text>
the
local board determines that there is a training services program of
demonstrated effectiveness offered in the local area by a community-based
organization or another private organization to serve individuals with barriers
to employment;
</text>
</subclause>
<subclause id="ID3885b3ade8504a2b9c8622bf1b692f9b">
<enum>
(V)
</enum>
<text>
the
local board determines that—
</text>
<item id="id7481CE111EEF4BF08EF27E9D7176DBAE">
<enum>
(aa)
</enum>
<text>
it would
be most appropriate to award a contract to an institution of higher education
or other eligible provider of training services in order to facilitate the
training of multiple individuals in in-demand industry sectors or occupations;
and
</text>
</item>
<item id="id1D7C38207EE549ACB32C8AFC93DED6EF">
<enum>
(bb)
</enum>
<text>
such
contract does not limit customer choice; or
</text>
</item>
</subclause>
<subclause id="id46ACB8C9BD9D48FD8E8E2D413E153369">
<enum>
(VI)
</enum>
<text>
the contract is a pay-for-performance contract.
</text>
</subclause>
</clause>
<clause id="ID1e3e4def38ad48b3bfb6cbf2230ca9f2">
<enum>
(iii)
</enum>
<header>
Linkage to
occupations in demand
</header>
<text>
Training services provided under this
paragraph shall be directly linked to an in-demand industry sector or
occupation in the local area or the planning region, or in another area to which an
adult or
dislocated worker receiving such services is willing to relocate, except that a
local board may approve training services for occupations determined by the
local board to be in sectors of the economy that have a high potential for
sustained demand or growth in the local area.
</text>
</clause>
<clause id="IDd79952a7aa1640c9b3ca719bd4d1d502">
<enum>
(iv)
</enum>
<header>
Rule
of construction
</header>
<text>
Nothing in this paragraph shall be construed to
preclude the combined use of individual training accounts and contracts in the
provision of training services, including arrangements that allow individuals
receiving individual training accounts to obtain training services that are
contracted for under clause (ii).
</text>
</clause>
</subparagraph>
<subparagraph id="id88BA8DD6D5AB4D39B95C36845C6AC1CD">
<enum>
(H)
</enum>
<header>
Reimbursement
for on-the-job training
</header>
<clause id="id5EE1D1E1ECD64AB3A046AE71C1AE5674">
<enum>
(i)
</enum>
<header>
Reimbursement
level
</header>
<text>
For purposes of the provision of on-the-job training under
this paragraph, the Governor or local board involved may increase the amount of
the reimbursement described in section 3(44) to an amount of up to 75 percent
of the wage rate of a participant for a program carried out under chapter 2 or
this chapter, if, respectively—
</text>
<subclause id="id42450365FE874ECDBBB99EC2E3F2177A">
<enum>
(I)
</enum>
<text>
the
Governor approves the increase with respect to a program carried out with funds
reserved by the State under that chapter, taking into account the factors
described in clause (ii); or
</text>
</subclause>
<subclause id="idE8F4F0530F284CB990145D494B580F2B">
<enum>
(II)
</enum>
<text>
the
local board approves the increase with respect to a program carried out with
funds allocated to a local area under such chapter, taking into account those
factors.
</text>
</subclause>
</clause>
<clause id="id99D270B055C14D12AB030384239AE583">
<enum>
(ii)
</enum>
<header>
Factors
</header>
<text>
For
purposes of clause (i), the Governor or local board, respectively, shall take
into account factors consisting of—
</text>
<subclause id="idBF02C28C216C4B8B811F5788B4EC7514">
<enum>
(I)
</enum>
<text>
the
characteristics of the participants;
</text>
</subclause>
<subclause id="id6992D2ABC9AB4CFDA7C1CCBEBD1C03E0">
<enum>
(II)
</enum>
<text>
the
size of the employer;
</text>
</subclause>
<subclause id="id44F515A74E994184B5054C443EAC2CA9">
<enum>
(III)
</enum>
<text>
the quality of
employer-provided training and advancement opportunities; and
</text>
</subclause>
<subclause commented="no" display-inline="no-display-inline" id="id5CD687B31A9844E8AAE10D1E33E61132">
<enum>
(IV)
</enum>
<text>
such other
factors as the Governor or local board, respectively, may determine to be
appropriate, which may include the number of employees participating in the
training, wage and benefit levels of those employees (at present and
anticipated upon completion of the training), and relation of the training to
the competitiveness of a participant.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="ID823007b3e6de44a88f2d22a4cff4e62a">
<enum>
(d)
</enum>
<header>
Permissible
local employment and training activities
</header>
<paragraph id="ID70c3fdec280c4e71877dcd4c7c30bf91">
<enum>
(1)
</enum>
<header>
In
general
</header>
<subparagraph id="ID6db190888c7e47e1bfa70cf10a3091f6">
<enum>
(A)
</enum>
<header>
Activities
</header>
<text>
Funds
allocated to a local area for adults under paragraph (2)(A) or (3), as
appropriate, of section 133(b), and funds allocated to the local area for
dislocated workers under section 133(b)(2)(B), may be used to provide, through
the one-stop delivery system involved (and through collaboration with the local
board, for the purpose of the activities described in clauses (vii) and
(ix))—
</text>
<clause id="ID21ef2b6241cd41d3a2bb1fd07a07c4f0">
<enum>
(i)
</enum>
<text>
customized
screening and referral of qualified participants in training services described
in subsection (c)(3) to employers;
</text>
</clause>
<clause id="ID486174b54b2b45409b22435e500a5c0f">
<enum>
(ii)
</enum>
<text>
customized
employment-related services to employers, employer associations, or other such
organizations on a fee-for-service basis;
</text>
</clause>
<clause commented="no" id="id1CF4027917E04085A708A60176D2006B">
<enum>
(iii)
</enum>
<text>
implementation of a pay-for-performance contract strategy for training services, for which the
local board may reserve
and use not more than 10 percent of the total funds allocated to the local
area under paragraph (2) or (3) of section 133(b);
</text>
</clause>
<clause id="IDc9a35bcee40a496cb905cd0cbab846b9">
<enum>
(iv)
</enum>
<text>
customer
support to enable individuals with barriers to employment (including
individuals with disabilities) and veterans, to navigate among multiple
services and activities for such populations;
</text>
</clause>
<clause id="IDbefd6f457c9c41e8a68750ebd85dba0d">
<enum>
(v)
</enum>
<text>
technical
assistance for one-stop operators, one-stop partners, and
eligible providers of training services, regarding the provision of services to
individuals with disabilities in local areas, including the development and
training of staff, the provision of outreach, intake, assessments, and service
delivery, the coordination of services across providers and programs, and the
development of performance accountability measures;
</text>
</clause>
<clause id="ID2a3a91e5220d4bdfb889afd8cb335095">
<enum>
(vi)
</enum>
<text>
employment and
training activities provided in coordination with—
</text>
<subclause id="id3FF05B43D1A14A949757C62580005CD6">
<enum>
(I)
</enum>
<text>
child support enforcement
activities of the State and local agencies carrying out part D of title IV of
the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/651">
42 U.S.C. 651 et seq.
</external-xref>
);
</text>
</subclause>
<subclause id="ID6517d8f1d637456b883f6980fe426c38">
<enum>
(II)
</enum>
<text>
child support
services, and assistance, provided by State and local agencies carrying out
part D of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/651">
42 U.S.C. 651 et seq.
</external-xref>
);
</text>
</subclause>
<subclause id="ID7eb33e7af8ab4466af8793c37654bdeb">
<enum>
(III)
</enum>
<text>
cooperative
extension programs carried out by the Department of Agriculture; and
</text>
</subclause>
<subclause id="ID6378feb9629d4cac921b922c8b6a8c9b">
<enum>
(IV)
</enum>
<text>
activities to
facilitate remote access to services provided through a one-stop delivery
system, including facilitating access through the use of technology;
</text>
</subclause>
</clause>
<clause id="IDcbab2c52c6cf4515afedb53e5821ce1e">
<enum>
(vii)
</enum>
<text>
activities—
</text>
<subclause id="IDf3139fb206234f7f8203e465470ad110">
<enum>
(I)
</enum>
<text>
to
improve coordination between workforce investment activities and economic
development activities carried out within the local area involved, and to
promote entrepreneurial skills training and microenterprise services;
</text>
</subclause>
<subclause id="IDc2f3b5b09173438280582cd0a64fafd4">
<enum>
(II)
</enum>
<text>
to
improve services and linkages between the local workforce investment system
(including the local one-stop delivery system) and employers, including small
employers, in the local area, through services described in this section;
and
</text>
</subclause>
<subclause id="id7713C0BB0684436F81EBA95F8B949DE8">
<enum>
(III)
</enum>
<text>
to
strengthen linkages between the one-stop delivery system and unemployment
insurance programs;
</text>
</subclause>
</clause>
<clause id="ID6641a55e22e64651bd47cac724cf3c13">
<enum>
(viii)
</enum>
<text>
training programs
for displaced homemakers and for individuals training for nontraditional
occupations, in conjunction with programs operated in the local area;
</text>
</clause>
<clause id="IDb6abb1c94f514c72a02109048eee75a5">
<enum>
(ix)
</enum>
<text>
activities to
provide business services and strategies that meet the workforce investment
needs of area employers, as determined by the local board, consistent with the
local plan under section 108, which services—
</text>
<subclause id="ID2e3d524581c34162acc1f9a89db8ae0b">
<enum>
(I)
</enum>
<text>
may
be provided through effective business intermediaries working in conjunction
with the local board, and may also be provided on a fee-for-service basis or
through the leveraging of economic development, philanthropic, and other public
and private resources in a manner determined appropriate by the local board;
and
</text>
</subclause>
<subclause id="IDed8f48edc6524fa9a7a3a8d73180ee6e">
<enum>
(II)
</enum>
<text>
may
include—
</text>
<item id="ID6b46983ca5014179aa19da66e4e0bad5">
<enum>
(aa)
</enum>
<text>
developing and
implementing industry sector strategies (including strategies involving
industry partnerships, regional skills alliances, industry skill panels, and
sectoral skills partnerships);
</text>
</item>
<item id="ID0b15e79137654d249eabe2c786991c53">
<enum>
(bb)
</enum>
<text>
developing and
delivering innovative workforce investment services and strategies for area
employers, which may include career pathways, skills upgrading, skill standard
development and certification for recognized postsecondary credential or other
employer use, apprenticeship, and other effective initiatives for meeting the
workforce investment needs of area employers and workers;
</text>
</item>
<item id="ID4ffd67f992ca4dab9798493d6db936f2">
<enum>
(cc)
</enum>
<text>
assistance to
area employers in managing reductions in force in coordination with rapid
response activities provided under subsection (a)(2)(A) and with strategies for
the aversion of layoffs, which strategies may include early identification of
firms at risk of layoffs, use of feasibility studies to assess the needs of and
options for at-risk firms, and the delivery of employment and training
activities to address risk factors; and
</text>
</item>
<item id="IDcd63818066f54e868bf4ed8311562202">
<enum>
(dd)
</enum>
<text>
the
marketing of business services offered under this title, to appropriate area
employers, including small and mid-sized employers;
</text>
</item>
</subclause>
</clause>
<clause id="IDef5f8a72a27042cd89cfc0fddad52dfd">
<enum>
(x)
</enum>
<text>
activities to
adjust the economic self-sufficiency standards referred to in subsection
(a)(3)(A)(xii) for local factors, or activities to adopt, calculate, or
commission for approval, economic self-sufficiency standards for the local
areas that specify the income needs of families, by family size, the number and
ages of children in the family, and substate geographical
considerations;
</text>
</clause>
<clause id="ID5708a1a5597741569a4f8ae823f835f4">
<enum>
(xi)
</enum>
<text>
improved
coordination between employment and training activities and programs carried
out in the local area for individuals with disabilities, including programs
carried out by State agencies relating to intellectual disabilities and
developmental disabilities, activities carried out by Statewide Independent
Living Councils established under section 705 of the Rehabilitation Act of 1973
(
<external-xref legal-doc="usc" parsable-cite="usc/29/796d">
29 U.S.C. 796d
</external-xref>
), programs funded under part B of chapter 1 of title VII of
such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e">
29 U.S.C. 796e et seq.
</external-xref>
), and activities carried out by centers for
independent living, as defined in section 702 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/796a">
29 U.S.C. 796a
</external-xref>
); and
</text>
</clause>
<clause id="ID038d54af4b544aa8b0a8cbf6b809549e">
<enum>
(xii)
</enum>
<text>
implementation
of promising services to workers and businesses, which may include support for
education, training, skill upgrading, and statewide networking for employees to
become workplace learning advisors and maintain proficiency in carrying out the
activities associated with such advising.
</text>
</clause>
</subparagraph>
<subparagraph id="ID4ac258fd8fff4c77930f7c97b5a11c34">
<enum>
(B)
</enum>
<header>
Work support
activities for low-wage workers
</header>
<clause id="ID46e097ab9d674fd4a6a7ac73f6b7bdb1">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
Funds allocated to a local area for adults under
paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated
to the local area for dislocated workers under section 133(b)(2)(B), may be
used to provide, through the one-stop delivery system involved, work support
activities designed to assist low-wage workers in retaining and enhancing
employment. The one-stop partners of the system shall coordinate the
appropriate programs and resources of the partners with the activities and
resources provided under this subparagraph.
</text>
</clause>
<clause id="ID1d6af37a8d58440ab1b73144273200a0">
<enum>
(ii)
</enum>
<header>
Activities
</header>
<text>
The
work support activities described in clause (i) may include the provision of
activities described in this section through the one-stop delivery system in a
manner that enhances the opportunities of such workers to participate in the
activities, such as the provision of activities described in this section
during nontraditional hours and the provision of onsite child care while such
activities are being provided.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="ID147b004d503b49f88013f0d607c35c0b">
<enum>
(2)
</enum>
<header>
Supportive
services
</header>
<text>
Funds allocated to a local area for adults under
paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated
to the local area for dislocated workers under section 133(b)(2)(B), may be
used to provide supportive services to adults and dislocated workers,
respectively—
</text>
<subparagraph id="ID3ccce51ee68f42cdbc168c21d3136ee5">
<enum>
(A)
</enum>
<text>
who are
participating in programs with activities authorized in paragraph (2) or (3) of
subsection (c); and
</text>
</subparagraph>
<subparagraph id="IDe68c95b06f4b4b0785b2cb33171cbfee">
<enum>
(B)
</enum>
<text>
who are unable to
obtain such supportive services through other programs providing such
services.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID365b4cb7dffe4d29b0fb45cd2065edac">
<enum>
(3)
</enum>
<header>
Needs-related
payments
</header>
<subparagraph id="ID77284a26bf04478e9b160c646e71128c">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Funds allocated to a local area for adults under
paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated
to the local area for dislocated workers under section 133(b)(2)(B), may be
used to provide needs-related payments to adults and dislocated workers,
respectively, who are unemployed and do not qualify for (or have ceased to
qualify for) unemployment compensation for the purpose of enabling such
individuals to participate in programs of training services under subsection
(c)(3).
</text>
</subparagraph>
<subparagraph id="IDf0957d56e1a0418bb3c1c543962b46b3">
<enum>
(B)
</enum>
<header>
Additional
eligibility requirements
</header>
<text>
In addition to the requirements
contained in subparagraph (A), a dislocated worker who has ceased to qualify
for unemployment compensation may be eligible to receive needs-related payments
under this paragraph only if such worker was enrolled in the training
services—
</text>
<clause id="ID7bd84a1199284095907501d5f00b2d03">
<enum>
(i)
</enum>
<text>
by the
end of the 13th week after the most recent layoff that resulted in a
determination of the worker’s eligibility for employment and training
activities for dislocated workers under this subtitle; or
</text>
</clause>
<clause id="ID1e1ea1b7ae254d84b1f4602bdc8d98b4">
<enum>
(ii)
</enum>
<text>
if
later, by the end of the 8th week after the worker is informed that a
short-term layoff will exceed 6 months.
</text>
</clause>
</subparagraph>
<subparagraph id="ID187d9f0734e942128bd3aad92d4b6a81">
<enum>
(C)
</enum>
<header>
Level of
payments
</header>
<text>
The level of a needs-related payment made to a
dislocated worker under this paragraph shall not exceed the greater of—
</text>
<clause id="IDb0a3d8ae79064b6a9212ade92ac82657">
<enum>
(i)
</enum>
<text>
the
applicable level of unemployment compensation; or
</text>
</clause>
<clause id="IDa9aff5a358a24ba79c73d77d3f3f49bb">
<enum>
(ii)
</enum>
<text>
if
such worker did not qualify for unemployment compensation, an amount equal to
the poverty line, for an equivalent period, which amount shall be adjusted to
reflect changes in total family income.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="ID15c07fbd3ab54730a2b2611055420262">
<enum>
(4)
</enum>
<header>
Incumbent
worker training programs
</header>
<subparagraph id="ID2a70354e2b27450eab53b35025801ba5">
<enum>
(A)
</enum>
<header>
In
general
</header>
<clause id="id1CE0359CF8E24DA39633D06AA60A107A">
<enum>
(i)
</enum>
<header>
Standard
reservation of funds
</header>
<text>
The local
board may reserve and use not more than 20 percent of the funds allocated to
the local area involved under section 133(b) to pay for the Federal share of
the cost of providing training through a training program for incumbent
workers, carried out in accordance with this paragraph.
</text>
</clause>
<clause id="idD594876B21624A7A8D1B46E47736A718">
<enum>
(ii)
</enum>
<header>
Determination
of eligibility
</header>
<text>
For the purpose of determining the eligibility of
an employer to receive funding under clause (i), the local board shall take
into account factors consisting of—
</text>
<subclause id="id3E05DB08122946E9AA9B333E8E34A365">
<enum>
(I)
</enum>
<text>
the
characteristics of the participants in the program;
</text>
</subclause>
<subclause id="id256B05439A6049FD968B8728A5EB47AA">
<enum>
(II)
</enum>
<text>
the
relationship of the training to the competitiveness of a participant and the
employer; and
</text>
</subclause>
<subclause id="id19FBA16EC8B34D5086E9D3FEB1337825">
<enum>
(III)
</enum>
<text>
such other
factors as the local board may determine to be appropriate, which may include
the number of employees participating in the training, the wage and benefit
levels of those employees (at present and anticipated upon completion of the
training), and the existence of other training and advancement opportunities
provided by the employer.
</text>
</subclause>
</clause>
<clause id="id6436E617EC3F47BEA0EFA7078D221D0B">
<enum>
(iii)
</enum>
<header>
Statewide
impact
</header>
<text>
The Governor or State board involved may make
recommendations to the local board for providing incumbent worker training that
has statewide impact.
</text>
</clause>
</subparagraph>
<subparagraph id="ID475b21d4b4ea416cb8c74afd9bffd5df">
<enum>
(B)
</enum>
<header>
Training
activities
</header>
<text>
The training program for incumbent workers carried out
under this paragraph shall be carried out by the local board in conjunction
with the employers or groups of employers of such workers (which may include
employers in partnership with other entities for the purposes of delivering
training) for the purpose of assisting such workers in obtaining the skills
necessary to retain employment or avert layoffs.
</text>
</subparagraph>
<subparagraph id="IDf1cba0cbdfcf48b39aa868e671982cf9">
<enum>
(C)
</enum>
<header>
Employer
payment of non-federal share
</header>
<text>
Employers participating in the
program carried out under this paragraph shall be required to pay for the
non-Federal share of the cost of providing the training to incumbent workers of
the employers.
</text>
</subparagraph>
<subparagraph id="id4CFDF1B1DBB54AE3BA985F7C44E9B4B5">
<enum>
(D)
</enum>
<header>
Non-federal
share
</header>
<clause id="idEDA66ED08E71451C9E004F00BBB675DA">
<enum>
(i)
</enum>
<header>
Factors
</header>
<text>
Subject
to clause (ii), the local board shall establish the non-Federal share of such
cost (taking into consideration such other factors as the number of employees
participating in the training, the wage and benefit levels of the employees (at
the beginning and anticipated upon completion of the training), the
relationship of the training to the competitiveness of the employer and
employees, and the availability of other employer-provided training and
advancement opportunities.
</text>
</clause>
<clause id="id3B69FABA33DB45D4AE9BF8BEBA30C242">
<enum>
(ii)
</enum>
<header>
Limits
</header>
<text>
The
non-Federal share shall not be less than—
</text>
<subclause id="ID8abc8ae7a6f64ab79b88f5d94c2b063f">
<enum>
(I)
</enum>
<text>
10
percent of the cost, for employers with not more than 50 employees;
</text>
</subclause>
<subclause id="IDdb82368ffd1f4fd4b3caba4acc53f9bd">
<enum>
(II)
</enum>
<text>
25
percent of the cost, for employers with more than 50 employees but not more
than 100 employees; and
</text>
</subclause>
<subclause id="ID00dee3a59b23413b834ab2b13a87bbd2">
<enum>
(III)
</enum>
<text>
50
percent of the cost, for employers with more than 100 employees.
</text>
</subclause>
</clause>
<clause id="ID13edfa588a644b038027fd1386ed4e94">
<enum>
(iii)
</enum>
<header>
Calculation
of employer share
</header>
<text>
The non-Federal share provided by an employer
participating in the program may include the amount of the wages paid by the
employer to a worker while the worker is attending a training program under
this paragraph. The employer may provide the share in cash or in kind, fairly
evaluated.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="ID7634774ab95644689b65be348dbbfbf0">
<enum>
(5)
</enum>
<header>
Transitional
jobs
</header>
<text>
The local board may use not more than 10 percent of the
funds allocated to the local area involved under section 133(b) to provide
transitional jobs under subsection (c)(3) that—
</text>
<subparagraph id="ID6ce669c11b63448f8f5fbc00610b4fb7">
<enum>
(A)
</enum>
<text>
are time-limited
work experiences that are subsidized and are in the public, private, or
nonprofit sectors for individuals with barriers to employment who are
chronically unemployed or have an inconsistent work history;
</text>
</subparagraph>
<subparagraph id="ID22b5da001ec149d1a5df0efcaa0e58f5">
<enum>
(B)
</enum>
<text>
are combined with
comprehensive employment and supportive services; and
</text>
</subparagraph>
<subparagraph id="ID22fba6ee976e4095bb08d95bc27a6261">
<enum>
(C)
</enum>
<text>
are designed to
assist the individuals described in subparagraph (A) to establish a work
history, demonstrate success in the workplace, and develop the skills that lead
to entry into and retention in unsubsidized employment.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
</chapter>
<chapter id="idF8605C13DAC64AA59FF0253340DFDB0F">
<enum>
4
</enum>
<header>
General workforce
investment provisions
</header>
<section id="idE9ECEA68F1B349798567AC99167978C5">
<enum>
136.
</enum>
<header>
Authorization
of appropriations
</header>
<subsection id="idE244278E79D74FF6B609579E7EE752DF">
<enum>
(a)
</enum>
<header>
Youth workforce
investment activities
</header>
<text>
There are authorized to be appropriated to
carry out the activities described in section 127(a), $820,430,000 for fiscal
year 2015, $883,800,000 for fiscal year 2016, $902,139,000 for fiscal year
2017, $922,148,000 for fiscal year 2018, $943,828,000 for fiscal year
2019, and $963,837,000 for fiscal year 2020.
</text>
</subsection>
<subsection id="id292DB68C947C44EEB10A72643DDE55DC">
<enum>
(b)
</enum>
<header>
Adult
employment and training activities
</header>
<text>
There are authorized to be
appropriated to carry out the activities described in section 132(a)(1),
$766,080,000 for fiscal
year 2015, $825,252,000 for fiscal year 2016, $842,376,000 for fiscal year
2017, $861,060,000 for fiscal year 2018, $881,303,000 for fiscal year
2019, and $899,987,000 for fiscal year 2020.
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="idD63FBE6FB85445488AE485DFBF55C012">
<enum>
(c)
</enum>
<header>
Dislocated
worker employment and training activities
</header>
<text>
There are authorized to
be appropriated to carry out the activities described in section 132(a)(2),
$1,222,457,000 for fiscal
year 2015, $1,316,880,000 for fiscal year 2016, $1,344,205,000 for fiscal
year 2017, $1,374,019,000 for fiscal year 2018, $1,406,322,000 for fiscal
year 2019, and $1,436,137,000 for fiscal year 2020.
</text>
</subsection>
</section>
</chapter>
</subtitle>
<subtitle id="idA0E04AB11B764725BF9EF2AFD5241208">
<enum>
C
</enum>
<header>
Job
Corps
</header>
<section id="ID04ba4c959747437e89d1dda6c29ba288">
<enum>
141.
</enum>
<header>
Purposes
</header>
<text display-inline="no-display-inline">
The purposes of this subtitle are—
</text>
<paragraph id="ID69c7bf03cd3e4121a9a836c6a499ba01">
<enum>
(1)
</enum>
<text>
to
maintain a national Job Corps program, carried out in partnership with States
and communities, to—
</text>
<subparagraph id="id71A2C33BA1694C5F93C3EFAD2089FC56">
<enum>
(A)
</enum>
<text>
assist eligible
youth to connect to the labor force by providing them with intensive social,
academic, career and technical education, and service-learning opportunities,
in primarily residential centers, in order for such youth to obtain secondary
school diplomas or recognized postsecondary
credentials leading to—
</text>
<clause id="idDBA10EF6F34B4394BA7777855B84377A">
<enum>
(i)
</enum>
<text>
successful
careers, in in-demand industry sectors or occupations or the Armed Forces, that
will result in economic self-sufficiency and opportunities for advancement;
or
</text>
</clause>
<clause id="id0E2D0148E35D410FAA049CAFB1AFB67F">
<enum>
(ii)
</enum>
<text>
enrollment in
postsecondary education, including an apprenticeship program; and
</text>
</clause>
</subparagraph>
<subparagraph id="idDD4BBB8F188C4025A360F478F579F526">
<enum>
(B)
</enum>
<text>
support
responsible citizenship;
</text>
</subparagraph>
</paragraph>
<paragraph id="IDacb508e8d4d7498a97b5a3019bd27027">
<enum>
(2)
</enum>
<text>
to
set forth standards and procedures for selecting individuals as enrollees in
the Job Corps;
</text>
</paragraph>
<paragraph id="ID7134dd4f377b47e0ba9c3ea4f3d75559">
<enum>
(3)
</enum>
<text>
to
authorize the establishment of Job Corps centers in which enrollees will
participate in intensive programs of activities described in this subtitle;
and
</text>
</paragraph>
<paragraph id="IDd48afc52bd404753a356076eb1f0a3c2">
<enum>
(4)
</enum>
<text>
to
prescribe various other powers, duties, and responsibilities incident to the
operation and continuing development of the Job Corps.
</text>
</paragraph>
</section>
<section id="ID1021cb99e968457183d7916661515117">
<enum>
142.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this subtitle:
</text>
<paragraph id="ID1c3d6ff742d149f7a3cbe1cedb728e85">
<enum>
(1)
</enum>
<header>
Applicable
local board
</header>
<text>
The term
<term>
applicable local board
</term>
means a
local board—
</text>
<subparagraph id="IDc5429e923d71498d996a5f880f377e25">
<enum>
(A)
</enum>
<text>
that provides
information for a Job Corps center on local employment opportunities and the
job skills needed to obtain the opportunities; and
</text>
</subparagraph>
<subparagraph id="ID52a00233ef5d4163b9a30525bcf9e541">
<enum>
(B)
</enum>
<text>
that serves
communities in which the graduates of the Job Corps center seek
employment.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID88620ab8be7b45418f487bf6946f3789">
<enum>
(2)
</enum>
<header>
Applicable
one-stop center
</header>
<text>
The term
<term>
applicable one-stop center
</term>
means a one-stop center that provides services, such as referral, assessment,
recruitment, and placement, to support the purposes of the Job Corps.
</text>
</paragraph>
<paragraph id="IDde177185693c40fc9294e2bc76f55f34">
<enum>
(3)
</enum>
<header>
Enrollee
</header>
<text>
The
term
<term>
enrollee
</term>
means an individual who has voluntarily applied for,
been selected for, and enrolled in the Job Corps program, and remains with the
program, but has not yet become a graduate.
</text>
</paragraph>
<paragraph id="IDcc75d43181d445838334b8b64155c38b">
<enum>
(4)
</enum>
<header>
Former
enrollee
</header>
<text>
The term
<term>
former enrollee
</term>
means an
individual who has voluntarily applied for, been selected for, and enrolled in
the Job Corps program, but left the program prior to becoming a
graduate.
</text>
</paragraph>
<paragraph id="ID622196fa40464fd782b52efb1a26b391">
<enum>
(5)
</enum>
<header>
Graduate
</header>
<text>
The
term
<term>
graduate
</term>
means an individual who has voluntarily applied for,
been selected for, and enrolled in the Job Corps program and who, as a result
of participation in the Job Corps program, has received a secondary school
diploma or recognized equivalent, or completed the requirements of a career and
technical education and training program that prepares individuals for
employment leading to economic self-sufficiency or entrance into postsecondary
education or training.
</text>
</paragraph>
<paragraph id="ID94ce658d46be4569a8f21bc60cabb1d1">
<enum>
(6)
</enum>
<header>
Job
corps
</header>
<text>
The term
<term>
Job Corps
</term>
means the Job Corps
described in section 143.
</text>
</paragraph>
<paragraph id="ID999880e35dc24c2996be0996a211fd04">
<enum>
(7)
</enum>
<header>
Job corps
center
</header>
<text>
The term
<term>
Job Corps center
</term>
means a center
described in section 147.
</text>
</paragraph>
<paragraph id="ID9967293999824b4da4396930454ea722">
<enum>
(8)
</enum>
<header>
Operator
</header>
<text>
The
term
<term>
operator
</term>
means an entity selected under this subtitle to
operate a Job Corps center.
</text>
</paragraph>
<paragraph id="ID5a1f4192e15c438eb83fe5c43893af19">
<enum>
(9)
</enum>
<header>
Region
</header>
<text>
The
term
<term>
region
</term>
means an area defined by the Secretary.
</text>
</paragraph>
<paragraph id="IDe6ba027483844107ad90bfb108254da8">
<enum>
(10)
</enum>
<header>
Service
provider
</header>
<text>
The term
<term>
service provider
</term>
means an entity
selected under this subtitle to provide services described in this subtitle to
a Job Corps center.
</text>
</paragraph>
</section>
<section id="ID359eb65e798c4b93ae03aeba99c35417">
<enum>
143.
</enum>
<header>
Establishment
</header>
<text display-inline="no-display-inline">
There shall be within the Department of
Labor a
<quote>
Job Corps
</quote>
.
</text>
</section>
<section id="ID18390b385adf4e7597d5bf0d6b701e1b">
<enum>
144.
</enum>
<header>
Individuals
eligible for the Job Corps
</header>
<subsection id="IDeb0b3e65a1e84761b1b68fe55f2ea518">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
To be eligible to become an enrollee, an individual shall
be—
</text>
<paragraph id="IDa8f04e7275434d298dabf9079dbd47df">
<enum>
(1)
</enum>
<text>
not
less than age 16 and not more than age 21 on the date of enrollment, except
that—
</text>
<subparagraph id="IDf1e5cac7be354f0ea07d4769e55bf474">
<enum>
(A)
</enum>
<text>
not more than 20
percent of the individuals enrolled in the Job Corps may be not less than age
22 and not more than age 24 on the date of enrollment; and
</text>
</subparagraph>
<subparagraph id="ID3ee48d7c95d54d12948f41ad057935ea">
<enum>
(B)
</enum>
<text>
either such
maximum age limitation may be waived by the Secretary, in accordance with
regulations of the Secretary, in the case of an individual with a
disability;
</text>
</subparagraph>
</paragraph>
<paragraph id="IDfcb7cc8ff8594880ab9b002f263cc526">
<enum>
(2)
</enum>
<text>
a
low-income individual; and
</text>
</paragraph>
<paragraph id="IDc0d4aed2241c4547bb477f70c1f83b09">
<enum>
(3)
</enum>
<text>
an
individual who is one or more of the following:
</text>
<subparagraph id="ID14c3aa70b6cd4511902b23d66e5af440">
<enum>
(A)
</enum>
<text>
Basic skills
deficient.
</text>
</subparagraph>
<subparagraph id="ID2beb0748bd7d4aeca9d06e7d52e8a3e8">
<enum>
(B)
</enum>
<text>
A
school dropout.
</text>
</subparagraph>
<subparagraph id="ID2f776fe82cd8446fafc5a70b93a008c7">
<enum>
(C)
</enum>
<text>
A
homeless individual (as defined in section 41403(6) of the Violence Against
Women Act of 1994 (
<external-xref legal-doc="usc" parsable-cite="usc/42/14043e-2">
42 U.S.C. 14043e–2(6)
</external-xref>
)), a homeless child or
youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance
Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/11434a">
42 U.S.C. 11434a(2)
</external-xref>
)), a runaway, an individual in foster care, or an
individual who
was in foster care and has aged out of the foster care system.
</text>
</subparagraph>
<subparagraph id="ID339b1fd41f5d453ca8e346cff1dbbf6d">
<enum>
(D)
</enum>
<text>
A
parent.
</text>
</subparagraph>
<subparagraph id="ID156d0b2649354e329a6f90cfea4031dd">
<enum>
(E)
</enum>
<text>
An individual who
requires additional education, career and technical education or training, or
workforce preparation skills to be able to obtain and retain employment that
leads to economic self-sufficiency.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="IDbf2fce98e80d4c72ad6143be6940749f">
<enum>
(b)
</enum>
<header>
Special rule
for veterans
</header>
<text>
Notwithstanding the requirement of subsection
(a)(2), a veteran shall be eligible to become an enrollee under subsection (a)
if the individual—
</text>
<paragraph id="ID8a781eea6513407093c6ede9fa77fd86">
<enum>
(1)
</enum>
<text>
meets the
requirements of paragraphs (1) and (3) of such subsection; and
</text>
</paragraph>
<paragraph id="IDb24017f94f0d48b58d1859df2f1807db">
<enum>
(2)
</enum>
<text>
does
not meet the requirement of subsection (a)(2) because the military income
earned by such individual within the 6-month period prior to the individual’s
application for Job Corps prevents the individual from meeting such
requirement.
</text>
</paragraph>
</subsection>
</section>
<section id="ID53e27ac09126410b81b9275267c48d8f">
<enum>
145.
</enum>
<header>
Recruitment,
screening, selection, and assignment of enrollees
</header>
<subsection id="IDdba844a9901d46caa13dd412a327dd71">
<enum>
(a)
</enum>
<header>
Standards and
procedures
</header>
<paragraph id="IDa3e44490961e424bbd313a72576d72a1">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall prescribe specific standards and
procedures for the recruitment, screening, and selection of eligible applicants
for the Job Corps, after considering recommendations from Governors of States,
local boards, and other interested parties.
</text>
</paragraph>
<paragraph id="ID73d1b8f9288e4ade9bb98b9385e644bd">
<enum>
(2)
</enum>
<header>
Methods
</header>
<text>
In
prescribing standards and procedures under paragraph (1), the Secretary, at a
minimum, shall—
</text>
<subparagraph id="ID3ba148e5113f40648bac115f11f1276e">
<enum>
(A)
</enum>
<text>
prescribe
procedures for informing enrollees that drug tests will be administered to the
enrollees and the results received within 45 days after the enrollees enroll in
the Job Corps;
</text>
</subparagraph>
<subparagraph id="ID947e91805421438e9982c04dee558faa">
<enum>
(B)
</enum>
<text>
establish
standards for recruitment of Job Corps applicants;
</text>
</subparagraph>
<subparagraph id="ID4b5de574102d4f17a64ff04bf54706af">
<enum>
(C)
</enum>
<text>
establish
standards and procedures for—
</text>
<clause id="ID946cbf9f6de44efe931d9fc97d68164f">
<enum>
(i)
</enum>
<text>
determining, for
each applicant, whether the educational and career and technical education and
training needs of the applicant can best be met through the Job Corps program
or an alternative program in the community in which the applicant resides;
and
</text>
</clause>
<clause id="ID4e853323222b484790db6c4d7b227646">
<enum>
(ii)
</enum>
<text>
obtaining from
each applicant pertinent data relating to background, needs, and interests for
determining eligibility and potential assignment;
</text>
</clause>
</subparagraph>
<subparagraph id="ID05fc254dc1904a9f928de1da65659ab4">
<enum>
(D)
</enum>
<text>
where
appropriate, take measures to improve the professional capability of the
individuals conducting screening of the applicants; and
</text>
</subparagraph>
<subparagraph id="IDd68db1789c284915b8b31b20ce4216a3">
<enum>
(E)
</enum>
<text>
assure
appropriate representation of enrollees from urban areas and from rural
areas.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID49298c6fe43449258680c8d51a14a29b">
<enum>
(3)
</enum>
<header>
Implementation
</header>
<text>
The standards and procedures shall be implemented
through arrangements with—
</text>
<subparagraph id="ID66d09330d69e4c38bb91fbc32f7f4125">
<enum>
(A)
</enum>
<text>
applicable
one-stop centers;
</text>
</subparagraph>
<subparagraph id="id79eb403775e84cf9868ae240d0d3c7ee">
<enum>
(B)
</enum>
<text>
organizations that have a demonstrated record of effectiveness in serving at-risk youth and placing
such youth into employment, including community action agencies, business
organizations, or labor organizations; and
</text>
</subparagraph>
<subparagraph id="id706C0317DA1141E48EF4BE57FF385775">
<enum>
(C)
</enum>
<text>
child welfare
agencies that are responsible for children and youth
eligible
for benefits and services under section 477 of the Social Security Act (42 U.S.C.
677).
</text>
</subparagraph>
</paragraph>
<paragraph id="ID7af94fea0691428990867d878e390aff">
<enum>
(4)
</enum>
<header>
Consultation
</header>
<text>
The
standards and procedures shall provide for necessary consultation with
individuals and organizations, including court, probation, parole, law
enforcement, education, welfare, and medical authorities and advisers.
</text>
</paragraph>
<paragraph id="ID4db85451f96b4d37b039ae0fdf7bc94e">
<enum>
(5)
</enum>
<header>
Reimbursement
</header>
<text>
The
Secretary is authorized to enter into contracts with and make payments to
individuals and organizations for the cost of conducting recruitment,
screening, and selection of eligible applicants for the Job Corps, as provided
for in this section. The Secretary shall make no payment to any individual or
organization solely as compensation for referring the names of applicants for
the Job Corps.
</text>
</paragraph>
</subsection>
<subsection id="ID22143d33b20b4bc185596fc0639a81c3">
<enum>
(b)
</enum>
<header>
Special
limitations on selection
</header>
<paragraph id="ID230764b768904bfda9acf3bfed70820b">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
No individual shall be selected as an enrollee unless the
individual or organization implementing the standards and procedures described
in subsection (a) determines that—
</text>
<subparagraph id="ID55fae4431d3f4bab8a4468e1ef92bc4d">
<enum>
(A)
</enum>
<text>
there is a
reasonable expectation that the individual considered for selection can
participate successfully in group situations and activities, and is not likely
to engage in behavior that would prevent other enrollees from receiving the
benefit of the Job Corps program or be incompatible with the maintenance of
sound discipline and satisfactory relationships between the Job Corps center to
which the individual might be assigned and communities surrounding the Job
Corps center;
</text>
</subparagraph>
<subparagraph id="ID16a49abb81094d8194ec7153682115b3">
<enum>
(B)
</enum>
<text>
the individual
manifests a basic understanding of both the rules to which the individual will
be subject and of the consequences of failure to observe the rules, and agrees
to comply with such rules; and
</text>
</subparagraph>
<subparagraph id="IDb50a4b0d3de441279c3023c53617efc0">
<enum>
(C)
</enum>
<text>
the individual
has passed a background check conducted in accordance with procedures
established by the Secretary and with applicable State
and local laws.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID3d3f67a8adbb4adf9aa5b5d57f176be2">
<enum>
(2)
</enum>
<header>
Individuals on
probation, parole, or supervised release
</header>
<text>
An individual on
probation, parole, or supervised release may be selected as an enrollee only if
release from the supervision of the probation or parole official involved is
satisfactory to the official and the Secretary and does not violate applicable
laws (including regulations). No individual shall be denied a position in the
Job Corps solely on the basis of individual contact with the criminal justice
system except for a disqualifying conviction as specified in paragraph (3).
</text>
</paragraph>
<paragraph commented="no" id="id7a0060dd57f44a7eac25f6743d9c7cb0">
<enum>
(3)
</enum>
<header>
Individuals convicted of certain crimes
</header>
<text>
An individual shall not be selected as an enrollee if the individual has been convicted of a felony
consisting of murder (as described in
<external-xref legal-doc="usc" parsable-cite="usc/18/1111">
section 1111
</external-xref>
of title 18, United
States Code), child abuse, or a crime involving rape or sexual assault.
</text>
</paragraph>
</subsection>
<subsection id="ID358e280b766245ebb79f2b0497efac3d">
<enum>
(c)
</enum>
<header>
Assignment
plan
</header>
<paragraph id="IDd499e6690e17447c9c922c5030116c66">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Every 2 years, the Secretary shall develop and implement
a plan for assigning enrollees to Job Corps centers. In developing the plan,
the Secretary shall, based on the analysis described in paragraph (2),
establish targets, applicable to each Job Corps center, for—
</text>
<subparagraph id="ID5642e143e6c54500b878474aed0c5feb">
<enum>
(A)
</enum>
<text>
the maximum attainable percentage of enrollees at the Job Corps center that reside in the
State in which the center is located; and
</text>
</subparagraph>
<subparagraph id="ID11ee3c5112104b1e9a0c2f909fcf255d">
<enum>
(B)
</enum>
<text>
the maximum attainable percentage of enrollees at the Job Corps center that reside in the
region in which the center is located, and in surrounding regions.
</text>
</subparagraph>
</paragraph>
<paragraph id="IDfde09e3ce3e148d680ab871cb48d1710">
<enum>
(2)
</enum>
<header>
Analysis
</header>
<text>
In
order to develop the plan described in paragraph (1), every 2 years the
Secretary, in consultation with operators of Job Corps centers, shall analyze
relevant factors relating to each Job Corps center, including—
</text>
<subparagraph id="IDf7e8773323624f10ba1021b674408c52">
<enum>
(A)
</enum>
<text>
the size of the
population of individuals eligible to participate in Job Corps in the State and
region in which the Job Corps center is located, and in surrounding
regions;
</text>
</subparagraph>
<subparagraph id="ID24cd13f5ce6a48db938e25cdc2247bea">
<enum>
(B)
</enum>
<text>
the relative
demand for participation in the Job Corps in the State and region, and in
surrounding regions;
</text>
</subparagraph>
<subparagraph id="IDf8406686047b4e609169db6cb9f6ed5a">
<enum>
(C)
</enum>
<text>
the capacity and
utilization of the Job Corps center, including the education, training, and
supportive services provided through the center; and
</text>
</subparagraph>
<subparagraph id="ID263d024a04ba4b8ab06b9fcf103512ab">
<enum>
(D)
</enum>
<text>
the performance
of the Job Corps center relating to the expected levels of performance for the
indicators described in section 159(c)(1), and whether any actions have been
taken with respect to such center pursuant to paragraphs (2) and (3) of section
159(f).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="IDe1c33445c01c4208ab53f92b48b640f0">
<enum>
(d)
</enum>
<header>
Assignment of
individual enrollees
</header>
<paragraph id="IDee7d5f4743b34feb9898820b6bce1ddf">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
After an individual has been selected for the Job Corps
in accordance with the standards and procedures of the Secretary under
subsection (a), the enrollee shall be assigned to the Job Corps center that
offers the type of career and technical education and training selected by the
individual and, among the centers that offer such education and training, is
closest to the home of the individual. The Secretary may waive this requirement
if—
</text>
<subparagraph id="ID8bd99cc805fb4c54876fb7f6a1ce0d38">
<enum>
(A)
</enum>
<text>
the enrollee
would be unduly delayed in participating in the Job Corps program because the
closest center is operating at full capacity; or
</text>
</subparagraph>
<subparagraph id="IDc6abd413059e4209a4292ce00eebe6d2">
<enum>
(B)
</enum>
<text>
the parent or
guardian of the enrollee requests assignment of the enrollee to another Job
Corps center due to circumstances in the community of the enrollee that would
impair prospects for successful participation in the Job Corps program.
</text>
</subparagraph>
</paragraph>
<paragraph id="IDa8d6f047cf6c430fb0d22a819c279406">
<enum>
(2)
</enum>
<header>
Enrollees who
are younger than 18
</header>
<text>
An enrollee who is younger than 18 shall not
be assigned to a Job Corps center other than the center closest to the home
that offers the career and technical education and training desired by the
enrollee pursuant to paragraph (1) if the parent or guardian of the enrollee
objects to the assignment.
</text>
</paragraph>
</subsection>
</section>
<section id="IDa3f81f2a8b8a43f7af513b4c944b2312">
<enum>
146.
</enum>
<header>
Enrollment
</header>
<subsection id="IDc2a0326897fe4e28886870e08f73fe62">
<enum>
(a)
</enum>
<header>
Relationship
between enrollment and military obligations
</header>
<text>
Enrollment in the Job
Corps shall not relieve any individual of obligations under the Military
Selective Service Act (50 U.S.C. App. 451 et seq.).
</text>
</subsection>
<subsection id="IDa2b9220c1f8841aaa0b6c56cac3ae8a5">
<enum>
(b)
</enum>
<header>
Period of
enrollment
</header>
<text>
No individual may be enrolled in the Job Corps for
more than 2 years, except—
</text>
<paragraph id="IDbbd8f70fb1fb4962aca33b39acb23f18">
<enum>
(1)
</enum>
<text>
in a
case in which completion of an advanced career training program under section
148(c) would require an individual to participate in the Job Corps for not
more
than one additional year;
</text>
</paragraph>
<paragraph id="ID752acb97e22349838bfa1d73ea8f6656">
<enum>
(2)
</enum>
<text>
in
the case of an individual with a disability who would reasonably be expected to
meet the standards for a Job Corps graduate, as defined under section 142(5),
if allowed to participate in the Job Corps for not more than 1 additional
year;
</text>
</paragraph>
<paragraph id="ID592c390878294a73aad551cfcc4e2849">
<enum>
(3)
</enum>
<text>
in
the case of an individual who participates in national service, as authorized
by a Civilian Conservation Center program, who would be granted an enrollment
extension in the Job Corps for the amount of time equal to the period of
national service; or
</text>
</paragraph>
<paragraph id="IDedbbec6bd3d94751ae3c26f019502e34">
<enum>
(4)
</enum>
<text>
as
the Secretary may authorize in a special case.
</text>
</paragraph>
</subsection>
</section>
<section id="IDbf0ed3af61b1495aa0c44fe08d1bdf65">
<enum>
147.
</enum>
<header>
Job
Corps centers
</header>
<subsection id="ID397f5e483bac49a7971a54f4f49ae640">
<enum>
(a)
</enum>
<header>
Operators and
service providers
</header>
<paragraph id="ID985d02190fc5436a87d4982ccb641961">
<enum>
(1)
</enum>
<header>
Eligible
entities
</header>
<subparagraph id="ID7c926b0a3e5d4389b63901183071f759">
<enum>
(A)
</enum>
<header>
Operators
</header>
<text>
The
Secretary shall enter into an agreement with a Federal, State, or local agency,
an area career and technical education school, a residential career and
technical education school, or a private organization, for the operation of
each Job Corps center.
</text>
</subparagraph>
<subparagraph id="ID029efbcd83ba476b8385f52d6d11532f">
<enum>
(B)
</enum>
<header>
Providers
</header>
<text>
The
Secretary may enter into an agreement with a local entity, or other entity with
the necessary capacity, to provide activities described in this subtitle to a
Job Corps center.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID140c1ef74a234f36b033567c5489a0f1">
<enum>
(2)
</enum>
<header>
Selection
process
</header>
<subparagraph id="ID785f6adba9af4447bc8e497454f98c54">
<enum>
(A)
</enum>
<header>
Competitive
basis
</header>
<text>
Except as provided in subsections (a) and (b) of section
3304 of title 41, United States Code, the Secretary shall select on a
competitive basis an entity to operate a Job Corps center and entities to
provide activities described in this subtitle to the Job Corps center. In
developing a solicitation for an operator or service provider, the Secretary
shall consult with the Governor of the State in which the center is located,
the workforce council
for the Job Corps center (if established), and the
applicable local board regarding the contents of such solicitation, including
elements that will promote the consistency of the activities carried out
through the center with the objectives set forth in the State plan or in a
local plan.
</text>
</subparagraph>
<subparagraph id="IDed401ed2f346455d806c2c5fb80312d0">
<enum>
(B)
</enum>
<header>
Recommendations
and considerations
</header>
<clause id="ID43972518e7c149aaa1e9c0e55eff6747">
<enum>
(i)
</enum>
<header>
Operators
</header>
<text>
In
selecting an entity to operate a Job Corps center, the Secretary shall
consider—
</text>
<subclause id="id026fedb6f4d841d7bf15ffe4a5b64eee">
<enum>
(I)
</enum>
<text>
the ability of the entity to coordinate the activities carried out through the Job Corps center
with activities carried out under the appropriate State plan and local
plans;
</text>
</subclause>
<subclause id="id18070a0b5d374853a3f40d1a8c80528b">
<enum>
(II)
</enum>
<text>
the ability of the entity to offer career and technical education and training that has been
proposed by the workforce
council under section 154(c), and the degree to which such
education and training reflects employment opportunities in the local
areas in which enrollees at the center intend to seek employment;
</text>
</subclause>
<subclause id="id83333a1bc8224f82bc1be297c424969e">
<enum>
(III)
</enum>
<text>
the degree to which the entity demonstrates relationships with the surrounding communities,
employers, labor organizations, State boards, local boards, applicable
one-stop centers, and the State and region in which the center is located;
</text>
</subclause>
<subclause id="id42ae141aba4e4f549b23f2486854dd0e">
<enum>
(IV)
</enum>
<text>
the performance of the entity, if any, relating to operating or providing activities described in
this subtitle to a Job Corps center, including information regarding the
entity in any reports developed by the Office of Inspector General of the
Department of Labor and the entity’s demonstrated
effectiveness in assisting individuals in achieving the primary indicators
of performance for eligible youth described in section 116(b)(2)(A)(ii);
and
</text>
</subclause>
<subclause id="id4243922d5f2e4f55b8c90cdff90de688">
<enum>
(V)
</enum>
<text>
the ability of the entity to demonstrate a record of successfully assisting at-risk youth to
connect to the workforce, including providing them with intensive
academics and career and technical education and training.
</text>
</subclause>
</clause>
<clause id="id37e0f046ac774ee7a2f56795cfcd3b6e">
<enum>
(ii)
</enum>
<header>
Providers
</header>
<text>
In selecting a service provider for a Job Corps center, the Secretary shall consider the factors
described in clause (i).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="ide42e582ba0b24bdcb4d7c41f49781160">
<enum>
(3)
</enum>
<header>
Additional selection factors
</header>
<text>
To be eligible to operate a Job Corps center, an entity shall submit to the Secretary, at such time
and in such manner as the Secretary may require, information related to
additional selection factors, which shall include the following:
</text>
<subparagraph id="idca213b5db1444323a6fc16565d312b88">
<enum>
(A)
</enum>
<text>
A description of the program activities that will be offered at the center and how the
academics and career and technical education and training reflect State
and
local employment opportunities, including opportunities in in-demand
industry sectors
and
occupations recommended by the workforce council under section
154(c)(2)(A).
</text>
</subparagraph>
<subparagraph id="id665b78f5d9ab4fa6a6c0ca603a94ff64">
<enum>
(B)
</enum>
<text>
A description of the counseling, placement, and support activities that will be offered at the
center, including a description of the strategies and procedures the
entity will use to place graduates into unsubsidized employment or
education leading to a recognized postsecondary credential upon completion
of the program.
</text>
</subparagraph>
<subparagraph id="idc1d4e8470d9a498dbbddb08fbecafcdb">
<enum>
(C)
</enum>
<text>
A description of the demonstrated record of effectiveness that the entity has in placing at-risk
youth into employment and postsecondary education, including past
performance of operating a Job Corps center under this subtitle or
subtitle C of title I of the Workforce Investment Act of 1998, and as
appropriate, the entity’s demonstrated effectiveness in assisting
individuals in achieving the indicators of performance for
eligible youth described in section 116(b)(2)(A)(ii).
</text>
</subparagraph>
<subparagraph id="id1bd8117611dd41cb8c62da8c3934e6a4">
<enum>
(D)
</enum>
<text>
A description of the relationships that the entity has developed with State boards, local
boards, applicable one-stop centers, employers, labor organizations, State
and local educational agencies, and the surrounding communities in
which
the center is located, in an effort to promote a comprehensive statewide
workforce development system.
</text>
</subparagraph>
<subparagraph id="id1e7b3bc14977422f9ea29810f0d6d9ba">
<enum>
(E)
</enum>
<text>
A description of the entity’s ability to coordinate the activities carried out through the Job
Corps center with activities carried out under the appropriate State plan
and local plans.
</text>
</subparagraph>
<subparagraph id="ida1f46d9a82994783ab4c667cc10a11f6">
<enum>
(F)
</enum>
<text>
A description of the strong fiscal controls the entity has in place to ensure proper accounting of
Federal funds, and a description of how the entity will meet the
requirements of section 159(a).
</text>
</subparagraph>
<subparagraph id="ide183f0470ad445b2ba40cc9119bb36e6">
<enum>
(G)
</enum>
<text>
A description of the steps to be taken to control costs in accordance with section 159(a)(3).
</text>
</subparagraph>
<subparagraph id="id438c85a40bc34e0b9639898cc3ad2563">
<enum>
(H)
</enum>
<text>
A detailed budget of the activities that will be supported using funds under this subtitle and
non-Federal resources.
</text>
</subparagraph>
<subparagraph id="idde0b67fe1f5e4cb695dba5e3fe408b8e">
<enum>
(I)
</enum>
<text>
An assurance the entity is licensed to operate in the State in which the center is located.
</text>
</subparagraph>
<subparagraph id="idb4516e6351834a35858c7788a2fe2ad9">
<enum>
(J)
</enum>
<text>
An assurance the entity will comply with basic health and safety codes, which shall include the
disciplinary measures described in
section 152(b).
</text>
</subparagraph>
<subparagraph id="idD9924E35B3524D89A3286064B30B55EE">
<enum>
(K)
</enum>
<text>
Any other information on additional selection factors that the Secretary may require.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="id862c51314d0a4adb9a7a37f940f51efd">
<enum>
(b)
</enum>
<header>
High-performing centers
</header>
<paragraph id="id0d70479af44c4bf6ac4eccaeb170c9c3">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
If an entity meets the requirements described in paragraph (2) as applied to a particular Job Corps
center, such entity shall be allowed to compete in any competitive
selection process carried out for an award to operate such center.
</text>
</paragraph>
<paragraph id="id67c7134bb83549c28bec957d525b2267">
<enum>
(2)
</enum>
<header>
High performance
</header>
<text>
An entity shall be considered to be an operator of a high-performing center if the Job Corps
center
operated by the entity—
</text>
<subparagraph id="idfa80570072d2401d9751c14368ea5f63">
<enum>
(A)
</enum>
<text>
is ranked among the top 20 percent of Job Corps centers for the most recent preceding program year;
and
</text>
</subparagraph>
<subparagraph id="id3e86bd5f3efb42eb91d5775790c588a7">
<enum>
(B)
</enum>
<text>
meets the expected levels of performance established under section 159(c)(1) and, with respect to
each
of
the primary indicators of performance for eligible youth described in
section
116(b)(2)(A)(ii)—
</text>
<clause id="idd1a26c02ef7845c2958207b27dc78284">
<enum>
(i)
</enum>
<text>
for the period of the most recent preceding 3 program years for which information is available
at the time the determination is made, achieved an average of 100 percent,
or higher, of the expected level of performance established under section
159(c)(1) for the indicator; and
</text>
</clause>
<clause id="id93ece7b96a37437eabe676e73b379ac1">
<enum>
(ii)
</enum>
<text>
for the most recent preceding program year for which information is available at the time the
determination is made, achieved 100 percent, or higher, of the expected
level of performance established under such section for the indicator.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="ida33662c4522c4d2ab83e2d6091900705">
<enum>
(3)
</enum>
<header>
Transition
</header>
<text>
If any of the program years described in paragraph (2)(B) precedes the implementation of the
establishment of expected levels of performance under section 159(c) and
the application of the primary indicators of performance for eligible
youth described in
section 116(b)(2)(A)(ii), an entity shall be considered an operator of a
high-performing center during that period if the Job Corps center operated
by the entity—
</text>
<subparagraph id="idaa8c8ad0b08644e6b7ea40aa6453ad4f">
<enum>
(A)
</enum>
<text>
meets the requirements of paragraph (2)(B)
with respect to such preceding program years using
the
performance of the Job Corps center regarding the national goals or
targets established by the Office of the Job Corps under the previous
performance accountability system for—
</text>
<clause id="ide4215e20d2554559839d5d8e4acb27b8">
<enum>
(i)
</enum>
<text>
the 6-month follow-up placement rate of graduates in employment, the military, education, or
training;
</text>
</clause>
<clause id="id9522a5142daa48e3a462786173294385">
<enum>
(ii)
</enum>
<text>
the 12–month follow-up placement rate of graduates in employment, the military, education, or
training;
</text>
</clause>
<clause id="ida03311ec3807443e9aecd812bbfc1ec3">
<enum>
(iii)
</enum>
<text>
the 6-month follow-up average weekly earnings of graduates;
</text>
</clause>
<clause id="idc1c90d467ed7469a931a59f952137786">
<enum>
(iv)
</enum>
<text>
the rate of attainment of secondary school diplomas or their recognized equivalent;
</text>
</clause>
<clause id="id308e73ba726543b3b6657c9d5a4df5e1">
<enum>
(v)
</enum>
<text>
the rate of attainment of completion certificates for career and technical training;
</text>
</clause>
<clause id="id5d5abe0d6267461fbe7cd6ec783647cc">
<enum>
(vi)
</enum>
<text>
average literacy gains; and
</text>
</clause>
<clause id="idb498b2636f5c4cdeb94ede6cfc5dbdb0">
<enum>
(vii)
</enum>
<text>
average numeracy gains; or
</text>
</clause>
</subparagraph>
<subparagraph id="idfdcfaa23d3f54415bdaabab23d98f6d0">
<enum>
(B)
</enum>
<text>
is ranked among the top 5 percent of Job Corps centers for the most recent preceding program
year.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="ID483fbbf885cd4afba1376d6ad8f1673d">
<enum>
(c)
</enum>
<header>
Character and
activities
</header>
<text>
Job Corps centers may be residential or nonresidential
in character, and shall be designed and operated so as to provide enrollees, in
a well-supervised setting, with access to activities described in this
subtitle. In any year, no more than 20 percent of the individuals enrolled in
the Job Corps may be nonresidential participants in the Job Corps.
</text>
</subsection>
<subsection id="IDde4dc6121793442faa90eefacb250d81">
<enum>
(d)
</enum>
<header>
Civilian
conservation centers
</header>
<paragraph id="IDa6d5fff96bd640cd8a077bd4c600d940">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Job Corps centers may include Civilian Conservation
Centers, operated under an agreement between the Secretary of Labor and the
Secretary of Agriculture, that are located primarily in rural areas. Such
centers shall provide, in addition to academics, career and technical education
and training, and workforce preparation skills training, programs of work
experience to conserve, develop, or manage public natural resources or public
recreational areas or to develop community projects in the public interest.
</text>
</paragraph>
<paragraph id="ID2183924aed5b4a19ace4d7e66cd3bd8d">
<enum>
(2)
</enum>
<header>
Assistance
during disasters
</header>
<text>
Enrollees in Civilian Conservation Centers may
provide assistance in addressing national, State, and local disasters,
consistent with current child labor laws (including regulations). The Secretary
of Agriculture shall ensure that with respect to the provision of such
assistance the enrollees are properly trained, equipped, supervised, and
dispatched consistent with standards for the conservation and rehabilitation of
wildlife established under the Fish and Wildlife Coordination Act (16 U.S.C.
661 et seq.).
</text>
</paragraph>
<paragraph id="ID610b6dbbd2294d51a93548648095b09c">
<enum>
(3)
</enum>
<header>
National
liaison
</header>
<text>
The Secretary of Agriculture shall designate a Job Corps
National Liaison to support the agreement under this section between the
Departments of Labor and Agriculture.
</text>
</paragraph>
</subsection>
<subsection id="IDc14772cd09f94bf4a13f2294df152d35">
<enum>
(e)
</enum>
<header>
Indian
tribes
</header>
<paragraph id="IDc5bd861bf12b4f0a9df9fb3dab15a939">
<enum>
(1)
</enum>
<header>
General
authority
</header>
<text>
The Secretary may enter into agreements with Indian
tribes to operate Job Corps centers for Indians.
</text>
</paragraph>
<paragraph id="IDa78cc17a7402467384a7a506ebd8a0e7">
<enum>
(2)
</enum>
<header>
Definitions
</header>
<text>
In
this subsection, the terms
<term>
Indian
</term>
and
<term>
Indian tribe
</term>
have the meanings given such terms in subsections (d) and (e), respectively, of
section 4 of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).
</text>
</paragraph>
</subsection>
<subsection id="id710125c02ea949b89bf3c57a8b2534ac">
<enum>
(f)
</enum>
<header>
Length of agreement
</header>
<text>
The agreement described in subsection (a)(1)(A) shall be for not more than a 2-year period. The
Secretary may exercise any contractual option to renew the agreement in
1-year increments for not more than 3 additional years, consistent
with the requirements of subsection (g).
</text>
</subsection>
<subsection id="id9c387d5fcd2d4cb2996189d4d0892ef7">
<enum>
(g)
</enum>
<header>
Renewal conditions
</header>
<paragraph id="id32597b86620043c5aa69ab3a614e6a47">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Subject to paragraph (2), the Secretary shall not renew the terms of an agreement for any
1-year additional period described in subsection (f) for an entity to
operate a particular Job Corps center if, for both of the 2 most recent
preceding program years for which information is available at the time the
determination is made, or if a second program year is not available, the
preceding year for which information is available, such center—
</text>
<subparagraph id="id39cb326baec047769fcdc6813c1aaf00">
<enum>
(A)
</enum>
<text>
has been ranked in the lowest 10 percent of Job Corps centers; and
</text>
</subparagraph>
<subparagraph id="id5d56a5323f6c44909a48da68485b3894">
<enum>
(B)
</enum>
<text>
failed to achieve an average of 50 percent or higher of the expected level of performance under
section
159(c)(1) with respect to each of the primary indicators of performance
for
eligible youth
described in section 116(b)(2)(A)(ii).
</text>
</subparagraph>
</paragraph>
<paragraph id="idc0d1ce3ac3194a95abdb857456be5007">
<enum>
(2)
</enum>
<header>
Exception
</header>
<text>
Notwithstanding paragraph (1), the Secretary may exercise an option to renew the agreement for no
more than 2 additional years if the Secretary determines such renewal
would be in the best interest of the Job Corps program, taking into
account factors
including—
</text>
<subparagraph id="idCCB65B18DFD340AA8BD38B15E223C844">
<enum>
<added-phrase reported-display-style="italic">
(A)
</added-phrase>
</enum>
<text>
significant improvements in program performance in carrying out a performance improvement plan
under section 159(f)(2);
</text>
</subparagraph>
<subparagraph id="ide254ec22f1b94659b357d35e4753a2a0">
<enum>
(B)
</enum>
<text>
that the performance is due to circumstances beyond the control of the entity, such as an emergency
or disaster, as defined in section 170(a)(1);
</text>
</subparagraph>
<subparagraph id="id0e06d34244424f1a8aded564ece5c636">
<enum>
(C)
</enum>
<text>
a significant disruption in the operations of the center, including in the ability to continue to
provide services to students, or significant increase in the cost of such
operations; or
</text>
</subparagraph>
<subparagraph id="id3d425bef3b234ab5b85488a7316d41f9">
<enum>
(D)
</enum>
<text>
a significant disruption in the procurement process with respect to carrying out a
competition for the selection of a center operator.
</text>
</subparagraph>
</paragraph>
<paragraph id="id2794458EC9274C079AEB98E11CF61B49">
<enum>
<added-phrase reported-display-style="italic">
(3)
</added-phrase>
</enum>
<header>
Detailed explanation
</header>
<text>
If the Secretary exercises an option under paragraph (2), the Secretary shall provide,
to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate, a detailed explanation of the rationale for
exercising such option.
</text>
</paragraph>
<paragraph id="idda4bff1ce96648beb0ccecfb81bae876">
<enum>
(4)
</enum>
<header>
Additional considerations
</header>
<text>
The Secretary shall only renew the agreement of an entity to operate a Job Corps center if the
entity—
</text>
<subparagraph id="id71aeb1310569498288eb04dd6a01f121">
<enum>
(A)
</enum>
<text>
has a satisfactory record of integrity and business ethics;
</text>
</subparagraph>
<subparagraph id="id290d37467da14a1283b00a1b8f9b037c">
<enum>
(B)
</enum>
<text>
has adequate financial resources to perform the agreement;
</text>
</subparagraph>
<subparagraph id="idae857bd02b274f06bc19fd43f95fd649">
<enum>
(C)
</enum>
<text>
has the necessary organization, experience, accounting and operational controls, and technical
skills; and
</text>
</subparagraph>
<subparagraph id="id17ba5702f04f4bd1877bd9e1eb17b193">
<enum>
(D)
</enum>
<text>
is otherwise qualified and eligible under applicable laws and regulations, including that the
contractor is not under suspension or debarred from eligibility for
Federal contracts.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="IDac6194246ea644a0bcb8050762e62d24">
<enum>
148.
</enum>
<header>
Program
activities
</header>
<subsection id="ID2ae2ca26cfbf4b5592e0c6c01995a0c9">
<enum>
(a)
</enum>
<header>
Activities
provided by job corps centers
</header>
<paragraph id="ID86229537124b4808a4987fde42a281ce">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Each Job Corps center shall provide enrollees with an
intensive, well organized, and fully supervised program of education, including
English language acquisition programs, career and technical education and
training, work experience, work-based learning, recreational activities,
physical rehabilitation and development, driver's education, and counseling,
which may include information about financial literacy. Each Job Corps center
shall provide enrollees assigned to the center with access to career services
described in clauses (i) through (xi) of section 134(c)(2)(A).
</text>
</paragraph>
<paragraph id="IDe8ccf5b637334a31b436459272d160f8">
<enum>
(2)
</enum>
<header>
Relationship to
opportunities
</header>
<text>
The activities provided under this subsection shall
be targeted to helping enrollees, on completion of their enrollment—
</text>
<subparagraph id="id6045902A516F4C85A18FC540536BCD58">
<enum>
(A)
</enum>
<text>
secure and
maintain meaningful unsubsidized employment;
</text>
</subparagraph>
<subparagraph id="id5D6F85B0D91B41CAABB9CCB4EDE4E136">
<enum>
(B)
</enum>
<text>
enroll in and
complete secondary education or postsecondary
education or training programs, including other suitable career and technical
education and training, and apprenticeship programs; or
</text>
</subparagraph>
<subparagraph id="id21207C003E2A486A927D99C963A5D718">
<enum>
(C)
</enum>
<text>
satisfy Armed
Forces requirements.
</text>
</subparagraph>
</paragraph>
<paragraph id="id24126067fe2d4303a70f8cfa82447fe4">
<enum>
(3)
</enum>
<header>
Link to employment opportunities
</header>
<text>
The career and technical education and training provided shall be linked to employment
opportunities in in-demand industry sectors and occupations in the State
or local area in which the Job Corps center is located and, to the extent
practicable, in the State or local area in which the enrollee intends to
seek
employment after graduation.
</text>
</paragraph>
</subsection>
<subsection id="IDd7b5510efd8d4817a8ee740e44ab8364">
<enum>
(b)
</enum>
<header>
Academic and
career and technical education and training
</header>
<text>
The Secretary may
arrange for career and technical education and training of enrollees through local
public or private educational agencies, career and
technical educational institutions, technical institutes, or national service
providers, whenever such entities provide education and training substantially
equivalent in cost and quality to that which the Secretary could provide
through other means.
</text>
</subsection>
<subsection id="ID086c5b883a74435eab0e9aac9add5349">
<enum>
(c)
</enum>
<header>
Advanced career
training programs
</header>
<paragraph id="ID5942d74a751c4ad994d8f2a666732abd">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary may arrange for programs of advanced career
training for selected enrollees in which the enrollees may continue to
participate for a period of not to exceed 1 year in addition to the period of
participation to which the enrollees would otherwise be limited. The advanced
career training may be provided through the eligible providers of training
services identified under section 122.
</text>
</paragraph>
<paragraph id="ID48e8ea9799f64ad0a69bff7c48005f12">
<enum>
(2)
</enum>
<header>
Benefits
</header>
<text>
During
the period of participation in an advanced career training program, an enrollee
shall be eligible for full Job Corps benefits, or a monthly stipend equal to
the average value of the residential support, food, allowances, and other
benefits provided to enrollees assigned to residential Job Corps
centers.
</text>
</paragraph>
<paragraph id="id4667eff47a78434a891259c80e86fb13">
<enum>
(3)
</enum>
<header>
Demonstration
</header>
<text>
The Secretary shall develop standards by which any operator seeking to enroll additional enrollees
in an advanced career training program shall demonstrate, before the
operator may carry out such additional enrollment, that—
</text>
<subparagraph id="id1acfaed86f394f51aa6c489ee89c711f">
<enum>
(A)
</enum>
<text>
participants in such program have achieved a satisfactory rate of completion and placement in
training-related jobs; and
</text>
</subparagraph>
<subparagraph id="idaa8ce2766ab44ac695e2440679efb118">
<enum>
(B)
</enum>
<text>
for the most recently preceding 2 program years, such operator has, on average, met or exceeded
the expected levels of performance under section 159(c)(1) for each of the
primary indicators of
performance for eligible youth
described in section 116(b)(2)(A)(ii).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="IDd8b3a6277c9b4144b4eda0c74969c82c">
<enum>
(d)
</enum>
<header>
Graduate
services
</header>
<text>
In order to promote the retention of graduates in
employment or postsecondary education, the Secretary shall arrange for the
provision of job placement and support services to graduates for up to 12
months after the date of graduation. Multiple resources, including one-stop
partners, may support the provision of these services, including services from
the State vocational rehabilitation agency, to supplement job placement and job
development efforts for Job Corps graduates who are individuals with
disabilities.
</text>
</subsection>
<subsection id="IDb738adebb4344a03bb1feda2007b4080">
<enum>
(e)
</enum>
<header>
Child
care
</header>
<text>
The Secretary shall, to the extent practicable, provide
child care at or near Job Corps centers, for individuals who require child care
for their children in order to participate in the Job Corps.
</text>
</subsection>
</section>
<section id="ID421aa3892f3e49138b5f8dac64fe1973">
<enum>
149.
</enum>
<header>
Counseling and
job placement
</header>
<subsection id="ID07d962b51da1446ea853f39257bde873">
<enum>
(a)
</enum>
<header>
Assessment and
counseling
</header>
<text>
The Secretary shall arrange for assessment and
counseling for each enrollee at regular intervals to measure progress in the
academic and career and technical education and training programs carried out
through the Job Corps.
</text>
</subsection>
<subsection id="IDc99f6e6258ae40fa80be21da4c620c9a">
<enum>
(b)
</enum>
<header>
Placement
</header>
<text>
The
Secretary shall arrange for assessment and counseling for enrollees prior to
their scheduled graduations to determine their capabilities and, based on their
capabilities, shall place the enrollees in
employment leading to economic self-sufficiency for which the enrollees are
trained or assist the enrollees in participating in further activities
described in this subtitle. In arranging for the placement of graduates in
jobs, the Secretary shall utilize the one-stop delivery system to the maximum
extent practicable.
</text>
</subsection>
<subsection id="IDda9c3d6090aa44d094fbd95a9a2353c8">
<enum>
(c)
</enum>
<header>
Status and
progress
</header>
<text>
The Secretary shall determine the status and progress of
enrollees scheduled for graduation and make every effort to assure that their
needs for further activities described in this subtitle are met.
</text>
</subsection>
<subsection id="IDef9050ec00d44e818796a15708c381a4">
<enum>
(d)
</enum>
<header>
Services to
former enrollees
</header>
<text>
The Secretary may provide such services as the
Secretary determines to be appropriate under this subtitle to former
enrollees.
</text>
</subsection>
</section>
<section id="IDb1e83a31f3a7491c940a3b3c124a6165">
<enum>
150.
</enum>
<header>
Support
</header>
<subsection id="ID04ce14882fc24019900a6c30540a1619">
<enum>
(a)
</enum>
<header>
Personal
allowances
</header>
<text>
The Secretary may provide enrollees assigned to Job
Corps centers with such personal allowances as the Secretary may determine to
be necessary or appropriate to meet the needs of the enrollees.
</text>
</subsection>
<subsection id="ID68d175bf70a44545abd97bac9fa10f9a">
<enum>
(b)
</enum>
<header>
Transition
allowances
</header>
<text>
The Secretary shall arrange for a transition allowance
to be paid to graduates. The transition allowance shall be incentive-based to
reflect a graduate’s completion of academic, career and technical education
or training, and attainment of recognized postsecondary
credentials.
</text>
</subsection>
<subsection id="ID786fee1d03e44e7486501eff59f37a44">
<enum>
(c)
</enum>
<header>
Transition
support
</header>
<text>
The Secretary may arrange for the provision of 3 months
of employment services for former enrollees.
</text>
</subsection>
</section>
<section id="IDf6aaf9fa08dd4cfe95150f072727c20c">
<enum>
151.
</enum>
<header>
Operations
</header>
<subsection id="IDdaa86e8c8c404b229e0cb5e57bc036fc">
<enum>
(a)
</enum>
<header>
Operating plan
</header>
<text>
The provisions of the contract between the Secretary and
an entity selected to operate a Job Corps center shall, at a minimum, serve as
an operating plan for the Job Corps center.
</text>
</subsection>
<subsection id="ID9ba1f24f8ed74d719f9ff91e3e18ef37">
<enum>
(b)
</enum>
<header>
Additional
information
</header>
<text>
The Secretary may require the operator, in order to
remain eligible to operate the Job Corps center, to submit such additional
information as the Secretary may require, which shall be considered part of the
operating plan.
</text>
</subsection>
<subsection id="IDe34af498b55a47d2a38c1d4e6eeba7cd">
<enum>
(c)
</enum>
<header>
Availability
</header>
<text>
The
Secretary shall make the operating plan described in subsections (a) and (b),
excluding any proprietary information, available to the public.
</text>
</subsection>
</section>
<section id="ID45de740bf50f46da97d917c4bf4ae13a">
<enum>
152.
</enum>
<header>
Standards of
conduct
</header>
<subsection id="ID1260ebb99e40447390cf074f9aecf452">
<enum>
(a)
</enum>
<header>
Provision and
enforcement
</header>
<text>
The Secretary shall provide, and directors of Job
Corps centers shall stringently enforce, standards of conduct within the
centers. Such standards of conduct shall include provisions forbidding the
actions described in subsection (b)(2)(A).
</text>
</subsection>
<subsection id="ID1b580848ba464715b392b3a798592f2b">
<enum>
(b)
</enum>
<header>
Disciplinary
measures
</header>
<paragraph id="ID6ff7b680caef410cbd9d6f5561144f2f">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
To promote the proper behavioral standards in the Job
Corps, the directors of Job Corps centers shall have the authority to take
appropriate disciplinary measures against enrollees if such a director
determines that an enrollee has committed a violation of the standards of
conduct. The director shall dismiss the enrollee from the Job Corps if the
director determines that the retention of the enrollee in the Job Corps will
jeopardize the enforcement of such standards, threaten the safety of staff,
students, or the local community, or diminish the opportunities of other
enrollees.
</text>
</paragraph>
<paragraph id="ID867db046bcb14725a10ca41c2113f13d">
<enum>
(2)
</enum>
<header>
Zero tolerance
policy and drug testing
</header>
<subparagraph id="ID347f269a7b6d433fab6df15b55602a38">
<enum>
(A)
</enum>
<header>
Guidelines
</header>
<text>
The
Secretary shall adopt guidelines establishing a zero tolerance policy for an
act of violence, for use, sale, or possession of a controlled substance, for
abuse of alcohol, or for other illegal or disruptive activity.
</text>
</subparagraph>
<subparagraph id="IDc5b833bc672349058f6fb2c9e797f8e9">
<enum>
(B)
</enum>
<header>
Drug
testing
</header>
<text>
The Secretary shall require drug testing of all enrollees
for controlled substances in accordance with procedures prescribed by the
Secretary under section 145(a).
</text>
</subparagraph>
<subparagraph id="IDee333c732fef42658cdadf642bbb56c5">
<enum>
(C)
</enum>
<header>
Definitions
</header>
<text>
In
this paragraph:
</text>
<clause id="ID9a427e1f92da4005ab89f935535f1a7f">
<enum>
(i)
</enum>
<header>
Controlled
substance
</header>
<text>
The term
<term>
controlled substance
</term>
has the
meaning given the term in section 102 of the Controlled Substances Act (21
U.S.C. 802).
</text>
</clause>
<clause id="IDe84ac8fe308c40c0914e101f1f712289">
<enum>
(ii)
</enum>
<header>
Zero
tolerance policy
</header>
<text>
The term
<term>
zero tolerance policy
</term>
means a policy under which an enrollee shall be automatically dismissed from
the Job Corps after a determination by the director that the enrollee has
carried out an action described in subparagraph (A).
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="IDf437b04334ef4e0b968a6bb8eaafb45b">
<enum>
(c)
</enum>
<header>
Appeal
</header>
<text>
A
disciplinary measure taken by a director under this section shall be subject to
expeditious appeal in accordance with procedures established by the
Secretary.
</text>
</subsection>
</section>
<section id="IDb8479e61f3024a9dbf36b7b6d47439e7">
<enum>
153.
</enum>
<header>
Community
participation
</header>
<subsection id="id1499b1f6dd1a4ef2badf60e626bcd834">
<enum>
(a)
</enum>
<header>
Business and community participation
</header>
<text>
The director of each Job Corps center shall ensure the establishment and development of the
mutually beneficial business and community relationships and networks
described in subsection (b), including the use of local boards,
in order to enhance the
effectiveness of such centers.
</text>
</subsection>
<subsection id="IDd79bc361058f47ef89ea77847f6e56d2">
<enum>
(b)
</enum>
<header>
Networks
</header>
<text>
The
activities carried out by each Job Corps center under this section shall
include—
</text>
<paragraph id="IDa18d63345a814afa9d02885ffee649ac">
<enum>
(1)
</enum>
<text>
establishing and
developing relationships and networks with—
</text>
<subparagraph id="IDe119bdb811ae4b9a9eda5b11b6e772f7">
<enum>
(A)
</enum>
<text>
local and distant
employers, to the extent practicable, in coordination with
entities carrying out other Federal and
non-Federal programs that conduct similar outreach to employers;
</text>
</subparagraph>
<subparagraph id="ID3e1e0e502fc74faabf859be8b97a5ffd">
<enum>
(B)
</enum>
<text>
applicable
one-stop centers and applicable local boards, for the purpose of
providing—
</text>
<clause id="idB7DBEA3C876349BDB63E164EFA48196A">
<enum>
(i)
</enum>
<text>
information to,
and referral of, potential enrollees; and
</text>
</clause>
<clause id="idD1759D7D122F429980514DE620A40B8C">
<enum>
(ii)
</enum>
<text>
job
opportunities for Job Corps graduates; and
</text>
</clause>
</subparagraph>
<subparagraph id="ID3992450f58ed4c5daddf229634b2f203">
<enum>
(C)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="id83336837C35D4178B160BF90D4A08D09">
<enum>
(i)
</enum>
<text>
entities carrying out
relevant apprenticeship programs and youth programs;
</text>
</clause>
<clause changed="added" id="idBB13136F9EC24F5BA26CCD5B7D9CE17C" indent="up1" reported-display-style="italic">
<enum>
(ii)
</enum>
<text>
labor-management organizations and
local labor organizations;
</text>
</clause>
<clause changed="added" id="id03F0404A91724AABBFE3B53703FDFB2A" indent="up1" reported-display-style="italic">
<enum>
(iii)
</enum>
<text>
employers and contractors that
support national training contractor programs; and
</text>
</clause>
<clause changed="added" id="id6EEA9FC0BBBB4AFDB1523AC6B04D2B71" indent="up1" reported-display-style="italic">
<enum>
(iv)
</enum>
<text>
community-based organizations,
non-profit organizations, and intermediaries providing workforce
development-related services; and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="ID8a872452aa6c4b70bb49d4f63b11aa07">
<enum>
(2)
</enum>
<text>
establishing and
developing relationships with members of the community in which the Job Corps
center is located, informing members of the community about the projects of the
Job Corps center and changes in the rules, procedures, or activities of the
center that may affect the community, and planning events of mutual interest to
the community and the Job Corps center.
</text>
</paragraph>
</subsection>
<subsection id="ID05b5c2ec130749e4b98f90efc747d809">
<enum>
(c)
</enum>
<header>
New
centers
</header>
<text>
The director of a Job Corps center that is not yet
operating shall ensure the establishment and development of the relationships
and networks described in subsection (b) at least 3 months prior to the date on
which the center accepts the first enrollee at the center.
</text>
</subsection>
</section>
<section id="ID361c7730711944099deffef3377e9932">
<enum>
154.
</enum>
<header>
Workforce
councils
</header>
<subsection id="ID3d99fa1c0b4849d6b6a56f78e47cca3d">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Each Job Corps center shall have a workforce council,
appointed by the director of the center, in accordance with procedures
established by the Secretary.
</text>
</subsection>
<subsection id="IDcb4da5705f204899b5dc8fd7e33d2ec2">
<enum>
(b)
</enum>
<header>
Workforce
council composition
</header>
<paragraph id="IDb2e328631aa0418e98112f35e9f18141">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
A workforce council shall be comprised of—
</text>
<subparagraph id="ID465e2c2ba09d47448de0371a709baa6b">
<enum>
(A)
</enum>
<text>
a
majority of members who shall be owners of business concerns, chief executives
or chief operating officers of nongovernmental employers, or other private
sector employers, who—
</text>
<clause id="ID7206fafba7714fdca93771cfc618c9b7">
<enum>
(i)
</enum>
<text>
have
substantial management, hiring, or policy responsibility; and
</text>
</clause>
<clause id="ID70ec72c620bd4a80bd3aa5ae2af351dc">
<enum>
(ii)
</enum>
<text>
represent
businesses with employment opportunities that reflect the employment
opportunities of the applicable local areas in which enrollees will be seeking
employment;
</text>
</clause>
</subparagraph>
<subparagraph id="IDd072790e68ef4161ab98335990721c58">
<enum>
(B)
</enum>
<text>
representatives
of labor organizations (where present) and representatives of employees;
and
</text>
</subparagraph>
<subparagraph id="ID8468a325534b47ebad2d7197c98fc9c9">
<enum>
(C)
</enum>
<text>
enrollees and
graduates of the Job Corps.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID4f18cc964f3b44d89a106a1d95ef06b1">
<enum>
(2)
</enum>
<header>
Local
board
</header>
<text>
The workforce council may include members of the applicable
local boards who meet the requirements described in paragraph (1).
</text>
</paragraph>
<paragraph id="ID2ebf568ef58942d58d246127d77467c3">
<enum>
(3)
</enum>
<header>
Employers
outside of local area
</header>
<text>
The workforce council for a Job Corps center
may include, or otherwise provide for consultation with, employers from outside
the local area who are likely to hire a significant number of enrollees from the
Job Corps
center.
</text>
</paragraph>
<paragraph id="IDf483e9c360a6469997664b21a7f4960f">
<enum>
(4)
</enum>
<header>
Special rule
for single State local areas
</header>
<text>
In the case of a single State local
area designated under section 106(d), the workforce council shall include a
representative of the State Board.
</text>
</paragraph>
</subsection>
<subsection id="IDe75c6f1009d04feba215ee53b116369f">
<enum>
(c)
</enum>
<header>
Responsibilities
</header>
<text>
The
responsibilities of the workforce council shall be—
</text>
<paragraph id="IDc1b7e4408491478d9f28821adaf4eb2a">
<enum>
(1)
</enum>
<text>
to
work closely with all applicable local boards in order to determine, and
recommend to the Secretary, appropriate career and technical education and
training for the center;
</text>
</paragraph>
<paragraph id="ID746c90de8a8b4805ad3b83d5428e9119">
<enum>
(2)
</enum>
<text>
to
review all the relevant labor market information, including related information in
the State plan or the local plan, to—
</text>
<subparagraph id="IDe33683f9171e49cab4c12e178240a943">
<enum>
(A)
</enum>
<text>
recommend the in-demand industry sectors or occupations in the area in which the Job Corps center
operates;
</text>
</subparagraph>
<subparagraph id="idC50E05263CE04EDBB828519619FB1A2F">
<enum>
(B)
</enum>
<text>
determine the
employment opportunities in the local areas in which the enrollees intend to
seek employment after graduation;
</text>
</subparagraph>
<subparagraph id="IDe61a3b97b93049f5af300489f9994a5c">
<enum>
(C)
</enum>
<text>
determine the
skills and education that are necessary to obtain the employment opportunities;
and
</text>
</subparagraph>
<subparagraph id="ID66e8e550c3a64f649f0764ac5290abe2">
<enum>
(D)
</enum>
<text>
recommend to the
Secretary the type of career and technical education and training that should
be implemented at the center to enable the enrollees to obtain the employment
opportunities; and
</text>
</subparagraph>
</paragraph>
<paragraph id="IDf7d541494f3d425d8c137246505f1993">
<enum>
(3)
</enum>
<text>
to
meet at least once every 6 months to reevaluate the labor market information,
and other relevant information, to determine, and recommend to the Secretary,
any necessary changes in the career and technical education and training
provided at the center.
</text>
</paragraph>
</subsection>
<subsection id="ID3d27e9b0651d486095b34edba6a61d4c">
<enum>
(d)
</enum>
<header>
New
centers
</header>
<text>
The workforce council for a Job Corps center that is not
yet operating shall carry out the responsibilities described in subsection (c)
at least 3 months prior to the date on which the center accepts the first
enrollee at the center.
</text>
</subsection>
</section>
<section id="ID5c267382b7674046b508e22968795cb2">
<enum>
155.
</enum>
<header>
Advisory
committees
</header>
<text display-inline="no-display-inline">
The Secretary may
establish and use advisory committees in connection with
the operation of the Job Corps program, and the operation of Job Corps centers,
whenever the Secretary determines that the availability of outside advice and
counsel on a regular basis would be of substantial benefit in identifying and
overcoming problems, in planning program or center development, or in
strengthening relationships between the Job Corps and agencies, institutions,
or groups engaged in related activities.
</text>
</section>
<section id="IDd0ea95afd9574e7aa2ba888b37a36fda">
<enum>
156.
</enum>
<header>
Experimental projects and technical assistance
</header>
<subsection id="id7E0A54E09380478D9CED5026116260D7">
<enum>
(a)
</enum>
<header>
Projects
</header>
<text display-inline="yes-display-inline">
The Secretary may carry out experimental,
research, or demonstration projects relating to carrying out the Job Corps
program. The Secretary may waive any provisions of this subtitle that the
Secretary finds would prevent the Secretary from carrying out the projects if
the Secretary informs the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education, Labor, and Pensions
of the Senate, in writing, not less than 90 days in advance of issuing such
waiver.
</text>
</subsection>
<subsection id="idd1723389a88d4294a61c14e61fe015ce">
<enum>
(b)
</enum>
<header>
Technical assistance
</header>
<text>
From the funds provided under section 162 (for the purposes of administration), the Secretary may
reserve
<fraction>
1/4
</fraction>
of 1 percent to provide, directly or through grants,
contracts, or other agreements or arrangements as the Secretary considers
appropriate, technical assistance for the Job Corps program for the
purpose of improving program quality. Such assistance shall include—
</text>
<paragraph id="idF953DD1AD9FB473C912586D6AD8232F1">
<enum>
(1)
</enum>
<text>
assisting Job Corps centers and programs—
</text>
<subparagraph id="id15588bffa8934d659ef33271b46af576">
<enum>
(A)
</enum>
<text>
in correcting deficiencies under, and violations of, this subtitle;
</text>
</subparagraph>
<subparagraph id="id076acf90577147abb88714d1d74f57ae">
<enum>
(B)
</enum>
<text>
in meeting or exceeding the expected levels of performance under section 159(c)(1) for the
indicators of performance described in section 116(b)(2)(A);
</text>
</subparagraph>
<subparagraph id="idee24f194038542f6a856cf22003808a2">
<enum>
(C)
</enum>
<text>
in the development of sound management practices, including financial management procedures; and
</text>
</subparagraph>
</paragraph>
<paragraph id="id6066fa8e3ce84566860ad48359c0b510">
<enum>
(2)
</enum>
<text>
assisting entities, including entities not currently operating a Job Corps center, in developing
the additional selection factors information described in section
147(a)(3).
</text>
</paragraph>
</subsection>
</section>
<section id="ID2ddf4fe5986b4fcfb74abe69659a4258">
<enum>
157.
</enum>
<header>
Application of
provisions of Federal law
</header>
<subsection id="ID9e8a1ea8b4194dfaa8d82255e199f861">
<enum>
(a)
</enum>
<header>
Enrollees not
considered To be Federal employees
</header>
<paragraph id="IDc02a73ae7e4c4c3899f8524469f8a78e">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Except as otherwise provided in this subsection and in
<external-xref legal-doc="usc" parsable-cite="usc/5/8143">
section 8143(a)
</external-xref>
of title 5, United States Code, enrollees shall not be
considered to be Federal employees and shall not be subject to the provisions
of law relating to Federal employment, including such provisions regarding
hours of work, rates of compensation, leave, unemployment compensation, and
Federal employee benefits.
</text>
</paragraph>
<paragraph id="IDbdf682d180ff45d4b56a0629ee79d62f">
<enum>
(2)
</enum>
<header>
Provisions
relating to taxes and Social Security benefits
</header>
<text>
For purposes of
the Internal Revenue Code of 1986 and title II of the Social Security Act (42
U.S.C. 401 et seq.), enrollees shall be deemed to be employees of the United
States and any service performed by an individual as an enrollee shall be
deemed to be performed in the employ of the United States.
</text>
</paragraph>
<paragraph id="ID771ecc9c2a72440ab161a5636329b353">
<enum>
(3)
</enum>
<header>
Provisions
relating to compensation to Federal employees for work
injuries
</header>
<text>
For purposes of subchapter I of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/81">
chapter 81
</external-xref>
of title 5,
United States Code (relating to compensation to Federal employees for work
injuries), enrollees shall be deemed to be civil employees of the Government of
the United States within the meaning of the term
<quote>
employee
</quote>
as
defined in
<external-xref legal-doc="usc" parsable-cite="usc/5/8101">
section 8101
</external-xref>
of title 5, United States Code, and the provisions of
such subchapter shall apply as specified in
<external-xref legal-doc="usc" parsable-cite="usc/5/8143">
section 8143(a)
</external-xref>
of title 5, United
States Code.
</text>
</paragraph>
<paragraph id="IDe92f36f3c8ad42ddbb03421714a65b50">
<enum>
(4)
</enum>
<header>
Federal tort
claims provisions
</header>
<text>
For purposes of the Federal tort claims
provisions in title 28, United States Code, enrollees shall be considered to be
employees of the Government.
</text>
</paragraph>
</subsection>
<subsection id="ID2e311d15a3f846d58bde0fe357d2e1ea">
<enum>
(b)
</enum>
<header>
Adjustments and
settlements
</header>
<text>
Whenever the Secretary finds a claim for damages to a
person or property resulting from the operation of the Job Corps to be a proper
charge against the United States, and the claim is not cognizable under section
2672 of title 28, United States Code, the Secretary may adjust and settle the
claim in an amount not exceeding $1,500.
</text>
</subsection>
<subsection id="ID87fc0612bce54dfc9e43de897468bde6">
<enum>
(c)
</enum>
<header>
Personnel of
the uniformed services
</header>
<text>
Personnel of the uniformed services who
are detailed or assigned to duty in the performance of agreements made by the
Secretary for the support of the Job Corps shall not be counted in computing
strength under any law limiting the strength of such services or in computing
the percentage authorized by law for any grade in such services.
</text>
</subsection>
</section>
<section id="ID2ad1e53a607e4f29a6973c94b8b38fb6">
<enum>
158.
</enum>
<header>
Special
provisions
</header>
<subsection id="ID623f03d23b984a00915d6f3b95557a49">
<enum>
(a)
</enum>
<header>
Enrollment
</header>
<text>
The
Secretary shall ensure that women and men have an equal opportunity to
participate in the Job Corps program, consistent with section 145.
</text>
</subsection>
<subsection id="ID858f40cec0f646908829e062dda80571">
<enum>
(b)
</enum>
<header>
Studies,
evaluations, proposals, and data
</header>
<text>
The Secretary shall assure that
all studies, evaluations, proposals, and data produced or developed with
Federal funds in the course of carrying out the Job Corps program shall become
the property of the United States.
</text>
</subsection>
<subsection id="ID4889ad9e7fdc4d2ab59aa1ba0c26c78e">
<enum>
(c)
</enum>
<header>
Transfer of
property
</header>
<paragraph id="ID5f0c0ad083ff462ba6b87579183771f7">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Notwithstanding
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/40/5">
chapter 5
</external-xref>
of title 40, United States
Code, and any other provision of law, the Secretary and the Secretary of
Education shall receive priority by the Secretary of Defense for the direct
transfer, on a nonreimbursable basis, of the property described in paragraph
(2) for use in carrying out programs under this Act or under any other
Act.
</text>
</paragraph>
<paragraph id="ID3350b37b6ec1465285258388a4ee509f">
<enum>
(2)
</enum>
<header>
Property
</header>
<text>
The
property described in this paragraph is real and personal property under the
control of the Department of Defense that is not used by such Department,
including property that the Secretary of Defense determines is in excess of
current and projected requirements of such Department.
</text>
</paragraph>
</subsection>
<subsection id="ID1e419740347f4dc583c114ba1f794e31">
<enum>
(d)
</enum>
<header>
Gross
receipts
</header>
<text>
Transactions conducted by a private for-profit or
nonprofit entity that is an operator or service provider for a Job Corps center
shall not be considered to be generating gross receipts. Such an operator or
service provider shall not be liable, directly or indirectly, to any State or
subdivision of a State (nor to any person acting on behalf of such a State or
subdivision) for any gross receipts taxes, business privilege taxes measured by
gross receipts, or any similar taxes imposed on, or measured by, gross receipts
in connection with any payments made to or by such entity for operating or
providing services to a Job Corps center. Such an operator or service provider
shall not be liable to any State or subdivision of a State to collect or pay
any sales, excise, use, or similar tax imposed on the sale to or use by such
operator or service provider of any property, service, or other item in
connection with the operation of or provision of services to a Job Corps
center.
</text>
</subsection>
<subsection id="ID13db02dc35124db7a8d7e24811355f5a">
<enum>
(e)
</enum>
<header>
Management
fee
</header>
<text>
The Secretary shall provide each operator and (in an
appropriate case, as determined by the Secretary) service provider with an
equitable and negotiated management fee of not less than 1 percent of the
amount of the funding provided under the appropriate agreement specified in
section 147.
</text>
</subsection>
<subsection id="IDe98cf153babc4ee08d251571ce6792bf">
<enum>
(f)
</enum>
<header>
Donations
</header>
<text>
The
Secretary may accept on behalf of the Job Corps or individual Job Corps centers
charitable donations of cash or other assistance, including equipment and
materials, if such donations are available for appropriate use for the purposes
set forth in this subtitle.
</text>
</subsection>
<subsection id="ID7f7b25bc389b433c9f8a341c7a06c2b5">
<enum>
(g)
</enum>
<header>
Sale of
property
</header>
<text>
Notwithstanding any other provision of law, if the
Administrator of General Services sells a Job Corps center facility, the
Administrator shall transfer the proceeds from the sale to the Secretary, who
shall use the proceeds to carry out the Job Corps program.
</text>
</subsection>
</section>
<section id="IDeb711144d52a47e190bf71f2cb79dff7">
<enum>
159.
</enum>
<header>
Management
information
</header>
<subsection id="ID546e1a0396074962a52709fe1b3dc504">
<enum>
(a)
</enum>
<header>
Financial
management information system
</header>
<paragraph id="IDa94aca2f06be46c981fc11c0459cc1a3">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall establish procedures to ensure that
each operator, and each service provider, maintains a financial management
information system that will provide—
</text>
<subparagraph id="IDe04e4fdb54784188b8f8ae8f0ad1e421">
<enum>
(A)
</enum>
<text>
accurate,
complete, and current disclosures of the costs of Job Corps operations;
and
</text>
</subparagraph>
<subparagraph id="ID52e4654f3f5c4bf8b5312fba2dc9feec">
<enum>
(B)
</enum>
<text>
sufficient data
for the effective evaluation of activities carried out through the Job Corps
program.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID5f89a693c90c4247977ff9e3f8d73d24">
<enum>
(2)
</enum>
<header>
Accounts
</header>
<text>
Each
operator and service provider shall maintain funds received under this subtitle
in accounts in a manner that ensures timely and accurate reporting as required
by the Secretary.
</text>
</paragraph>
<paragraph id="IDc4cbf568b8d14a6d9ac38a1a0152ea42">
<enum>
(3)
</enum>
<header>
Fiscal
responsibility
</header>
<text>
Operators shall remain fiscally responsible and
control costs, regardless of whether the funds made available for Job Corps
centers are incrementally increased or decreased between fiscal years.
</text>
</paragraph>
</subsection>
<subsection id="ID28126882d0a744eba996589e5846b81c">
<enum>
(b)
</enum>
<header>
Audit
</header>
<paragraph id="IDfdf5e77f04bc4427bb37f55cce0d6272">
<enum>
(1)
</enum>
<header>
Access
</header>
<text>
The
Secretary, the Inspector General of the Department of Labor, the Comptroller
General of the United States, and any of their duly authorized representatives,
shall have access to any books, documents, papers, and records of the operators
and service providers described in subsection (a) that are pertinent to the Job
Corps program, for purposes of conducting surveys, audits, and evaluations of
the operators and service providers.
</text>
</paragraph>
<paragraph id="ID8b1305223bb9406aafb70b542af6a1ca">
<enum>
(2)
</enum>
<header>
Surveys,
audits, and evaluations
</header>
<text>
The Secretary shall survey, audit, or
evaluate, or arrange for the survey, audit, or evaluation of, the operators and
service providers, using Federal auditors or independent public accountants.
The Secretary shall conduct such surveys, audits, or evaluations not less often
than once every 3 years.
</text>
</paragraph>
</subsection>
<subsection id="ID8c4e2c7360d14fb4bd64beacb672e6c9">
<enum>
(c)
</enum>
<header>
Information on
indicators of performance
</header>
<paragraph id="ID0b7504b7067b438fa3534bf96cdb2c2e">
<enum>
(1)
</enum>
<header>
Levels of
performance and indicators
</header>
<text>
The Secretary shall annually establish
expected levels of performance for a Job Corps
center and the Job Corps program relating to each of the primary indicators of
performance for eligible youth described in section 116(b)(2)(A)(ii).
</text>
</paragraph>
<paragraph id="ID73c80aad80de40c984b8d13b6eb3c4d3">
<enum>
(2)
</enum>
<header>
Performance of
recruiters
</header>
<text>
The Secretary shall also establish
performance indicators, and expected levels of performance on
the performance indicators, for recruitment service providers serving the Job
Corps program. The performance indicators shall relate to—
</text>
<subparagraph id="id4F105ACB02454DE2A698BA91F39C630B">
<enum>
(A)
</enum>
<text>
the number of
enrollees recruited, compared to the established goals for such recruitment,
and the number of enrollees who remain committed to the program for 90 days
after enrollment; and
</text>
</subparagraph>
<subparagraph commented="no" id="idADE333D60E0547A6A60511C284E6C2AD">
<enum>
(B)
</enum>
<text>
the measurements described in subparagraphs (I), (L), and (M) of subsection (d)(1).
</text>
</subparagraph>
</paragraph>
<paragraph id="id75051fc740b444bd93ba891ffef10786">
<enum>
(3)
</enum>
<header>
Performance of career transition service providers
</header>
<text>
The Secretary shall also establish performance indicators, and expected performance levels on the
performance indicators, for career transition service providers serving
the
Job Corps program. The performance indicators shall relate to—
</text>
<subparagraph id="id70551E65D2494BB9BB96CFC065577046">
<enum>
(A)
</enum>
<text>
the
primary indicators of performance for eligible youth described in
section 116(b)(2)(A)(ii); and
</text>
</subparagraph>
<subparagraph id="id07AD8325920B41C6B63352D708606261">
<enum>
(B)
</enum>
<text>
the measurements described in subparagraphs (D),
(E), (H), (J), and (K) of subsection (d)(1).
</text>
</subparagraph>
</paragraph>
<paragraph id="ID746c318fae1c48ffb9b7ae47ffa85df4">
<enum>
(4)
</enum>
<header>
Report
</header>
<text>
The
Secretary shall collect, and annually submit to the Committee on Education and
the Workforce of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, a report including—
</text>
<subparagraph id="id445F511570164CC6B4F3205D66C536A8">
<enum>
(A)
</enum>
<text>
information on
the performance of each Job Corps center, and the Job Corps program, based on the
performance indicators described in paragraph (1), as compared to the expected
level of performance established under such paragraph for each performance
indicator; and
</text>
</subparagraph>
<subparagraph id="idB1A85B3D9195472BAD748E86340C574F">
<enum>
(B)
</enum>
<text>
information on
the performance of the service providers described in paragraphs (2) and (3) on the
performance indicators established under such paragraphs, as compared to the
expected level of performance established for each performance indicator.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="ID30e8cb85d59049a7a44fd74b1b420a7a">
<enum>
(d)
</enum>
<header>
Additional
information
</header>
<paragraph id="IDa3d22200091c4aa0ac27e8979c0792e4">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall also collect, and submit in the
report described in subsection (c)(4), information on the performance of each Job
Corps center, and the Job Corps program, regarding—
</text>
<subparagraph id="idc3ad07587721404e9f6181ad805f97f1">
<enum>
(A)
</enum>
<text>
the number of enrollees served;
</text>
</subparagraph>
<subparagraph id="idbe0680892d2341438b700ee8249d6ef7">
<enum>
(B)
</enum>
<text>
demographic information on the enrollees served, including age, race, gender, and education and
income level;
</text>
</subparagraph>
<subparagraph id="idcf40b8bbdf0645bb8a45bedbb5b6cb23">
<enum>
(C)
</enum>
<text>
the number of graduates of a Job Corps center;
</text>
</subparagraph>
<subparagraph id="iddedc7fa5109a4c499e3b95f4a002fd53">
<enum>
(D)
</enum>
<text>
the number of graduates who entered the Armed Forces;
</text>
</subparagraph>
<subparagraph id="idb29fcc55a7b14fc6b3138d4dbe8e4920">
<enum>
(E)
</enum>
<text>
the number of graduates who entered apprenticeship programs;
</text>
</subparagraph>
<subparagraph id="idfdbe6b20ea0f4edf81b479767e351e85">
<enum>
(F)
</enum>
<text>
the number of graduates who received a regular secondary school diploma;
</text>
</subparagraph>
<subparagraph id="id5d742ccaec8b44dfbda16342e69b72f8">
<enum>
(G)
</enum>
<text>
the number of graduates who received a State recognized equivalent of a secondary school diploma;
</text>
</subparagraph>
<subparagraph id="ida5bbc57ba94340f79adc1c47aa882493">
<enum>
(H)
</enum>
<text>
the number of graduates who entered unsubsidized employment related to the career and technical
education and training received through the Job Corps program and the
number who entered unsubsidized employment not related to the education
and training received;
</text>
</subparagraph>
<subparagraph id="id84ac03be3be748c788b24561d71e9e0e">
<enum>
(I)
</enum>
<text>
the percentage and number of former enrollees, including the number dismissed under the zero
tolerance policy described in section 152(b);
</text>
</subparagraph>
<subparagraph id="id805738f350ed46e4a146aa18a2a7f325">
<enum>
(J)
</enum>
<text>
the percentage and number of graduates who enter postsecondary education;
</text>
</subparagraph>
<subparagraph id="id7ce9e951699b4bb98b1d632d68c8b8b6">
<enum>
(K)
</enum>
<text>
the average wage of graduates who enter unsubsidized employment—
</text>
<clause id="id11d80091cd024efc85804e969f626aa6">
<enum>
(i)
</enum>
<text>
on the first day of such employment; and
</text>
</clause>
<clause id="id3ccefddd2378464dbb34c4da563abb4b">
<enum>
(ii)
</enum>
<text>
on the day that is 6 months after such first day;
</text>
</clause>
</subparagraph>
<subparagraph id="id2aeba59cff4545389b581b8612a5f1e1">
<enum>
(L)
</enum>
<text>
the percentages of enrollees described in subparagraphs (A) and (B) of section 145(c)(1), as
compared to the percentage targets established by the Secretary under such
section for the center;
</text>
</subparagraph>
<subparagraph id="id85a4c38a5dd44aa3b16d8c6bb8b2c1c4">
<enum>
(M)
</enum>
<text>
the cost per enrollee, which is calculated by comparing the number of enrollees at the center in a
program year to the total budget for such center in the same program year;
</text>
</subparagraph>
<subparagraph id="id54353ae185ee48b79e351efc18daa8a9">
<enum>
(N)
</enum>
<text>
the cost per graduate, which is calculated by comparing the number of graduates of the center in a
program year compared to the total budget for such center in the same
program year; and
</text>
</subparagraph>
<subparagraph id="idea2cb328313c46fb840b6648ab978cf4">
<enum>
(O)
</enum>
<text>
any additional information required by the Secretary.
</text>
</subparagraph>
</paragraph>
<paragraph id="id84EB015DC83E48EAB948B8EFBBFC020D">
<enum>
(2)
</enum>
<header>
Rules for
reporting of data
</header>
<text>
The disaggregation of data under this
subsection shall not be required when the number of individuals in a category
is insufficient to yield statistically reliable information or when the results
would reveal personally identifiable information about an individual.
</text>
</paragraph>
</subsection>
<subsection id="ID788bbc98b0cb4fe3be772e13e783998b">
<enum>
(e)
</enum>
<header>
Methods
</header>
<text>
The
Secretary shall collect the information described in subsections (c) and (d),
using methods described in section 116(i)(2) and consistent with State law, by
entering into agreements with the States to access such data for Job Corps
enrollees, former enrollees, and graduates.
</text>
</subsection>
<subsection id="IDd71d67e135dd4363bcbe337398ca90c2">
<enum>
(f)
</enum>
<header>
Performance
assessments and improvements
</header>
<paragraph id="ID9e1bf2730f8f48238c3842065f16b0df">
<enum>
(1)
</enum>
<header>
Assessments
</header>
<text>
The
Secretary shall conduct an annual assessment of the performance of each Job
Corps center. Based on the assessment, the Secretary shall take measures to
continuously improve the performance of the Job Corps program.
</text>
</paragraph>
<paragraph id="ID1dec689bb05d46bebcc6ae39ab26cff7">
<enum>
(2)
</enum>
<header>
Performance
improvement
</header>
<text>
With respect to a Job Corps center that fails to meet
the expected levels of performance relating to the primary indicators of
performance specified in subsection (c)(1), the Secretary shall develop and
implement a performance improvement plan. Such a plan shall require action to
be taken during a 1-year period, including—
</text>
<subparagraph id="ID23045188e8b34123ad5f6f9936ae35e5">
<enum>
(A)
</enum>
<text>
providing
technical assistance to the center;
</text>
</subparagraph>
<subparagraph id="ID5b77cef33d2e4c08a2e8fc35c0154c1f">
<enum>
(B)
</enum>
<text>
changing the
career and technical education and training offered at the center;
</text>
</subparagraph>
<subparagraph id="ID4c907be733ac4d1dab6aaeaad4977c82">
<enum>
(C)
</enum>
<text>
changing the
management staff of the center;
</text>
</subparagraph>
<subparagraph id="ID6d4a7e2f22a040e38b231fdcbbc5e2cd">
<enum>
(D)
</enum>
<text>
replacing the
operator of the center;
</text>
</subparagraph>
<subparagraph id="ID0ddce3f4343e4600994d31946d4d3054">
<enum>
(E)
</enum>
<text>
reducing the
capacity of the center;
</text>
</subparagraph>
<subparagraph id="ID572ebd879fac466bba9360f45d4a03cf">
<enum>
(F)
</enum>
<text>
relocating the
center; or
</text>
</subparagraph>
<subparagraph id="ID5e97bcdbbcbc4ed8ad768096c9eab8be">
<enum>
(G)
</enum>
<text>
closing the
center.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID8eb5cc26e1e245d69a1f2964c40c853c">
<enum>
(3)
</enum>
<header>
Additional
performance improvement
</header>
<text>
In addition to the performance
improvement plans required under paragraph (2), the Secretary may develop and
implement additional performance improvement plans. Such a plan shall require
improvements, including the actions described in such paragraph, for a Job
Corps center that fails to meet criteria established by the Secretary other
than the expected levels of performance described in such paragraph.
</text>
</paragraph>
<paragraph id="IDb48c205eb09c43308cb840f502168379">
<enum>
(4)
</enum>
<header>
Civilian
conservation centers
</header>
<text>
With respect to a Civilian Conservation
Center that fails to meet the expected levels of performance relating to the
primary indicators of performance specified in subsection (c)(1) or
fails to improve performance as described in paragraph (2) after 3 program
years, the Secretary, in
consultation
with the Secretary of Agriculture, shall select an entity to operate the Civilian
Conservation Center on a competitive basis, in accordance with the requirements
of section 147.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="ID7ce4bdd1ec5441d098b5ed6039f1a6d9">
<enum>
(g)
</enum>
<header>
Participant
health and safety
</header>
<paragraph commented="no" id="id9B4BF03F2FED42EFBB9B5ECD5637C2D3">
<enum>
(1)
</enum>
<header>
Center
</header>
<text>
The Secretary shall ensure that a review by an appropriate Federal, State, or local entity of the
physical condition and health-related activities of each Job Corps center
occurs annually.
</text>
</paragraph>
<paragraph commented="no" id="id3DF8A4044841467298C2BBAFC758566D">
<enum>
(2)
</enum>
<header>
Work-based learning locations
</header>
<text>
The Secretary shall require that an entity that
has entered into a contract to provide work-based learning activities for
any Job Corps enrollee under this subtitle shall comply with the Occupational
Safety and Health Act of 1970 (
<external-xref legal-doc="usc" parsable-cite="usc/29/651">
29 U.S.C. 651 et seq.
</external-xref>
) or, as appropriate, under
the corresponding State Occupational Safety and Health Act of 1970 requirements
in the State in which such activities occur.
</text>
</paragraph>
</subsection>
<subsection id="ID43c83b745d554581854375c866d0f0a1">
<enum>
(h)
</enum>
<header>
Buildings and
facilities
</header>
<text>
The Secretary shall collect, and submit in the report
described in subsection (c)(4), information regarding the state of Job Corps
buildings and facilities. Such report shall include—
</text>
<paragraph id="IDe29d0b0f3fd24a8692109014af218003">
<enum>
(1)
</enum>
<text>
a
review of requested construction, rehabilitation, and acquisition projects, by
each Job Corps center; and
</text>
</paragraph>
<paragraph id="ID636013990bb94e29ae083513d49074fa">
<enum>
(2)
</enum>
<text>
a
review of new facilities under construction.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="IDdbcbaf1587ea4973bd8d5e7d62a8445a">
<enum>
(i)
</enum>
<header>
National and
community service
</header>
<text>
The Secretary shall include in the report
described in subsection (c)(4) available information regarding the national and
community service activities of enrollees, particularly those enrollees at
Civilian Conservation Centers.
</text>
</subsection>
<subsection id="IDbdb67688b20c44348e91cf0974b19b6c">
<enum>
(j)
</enum>
<header>
Closure of job
corps center
</header>
<text>
Prior to the closure of any Job Corps center, the
Secretary shall ensure—
</text>
<paragraph id="ID9fe68e9aab2a430ca2299162c09137f2">
<enum>
(1)
</enum>
<text>
that
the proposed decision to close the center is announced in advance to the
general public through publication in the Federal Register or other appropriate
means;
</text>
</paragraph>
<paragraph id="ID3f7c0022d728453888a77d2d248a783c">
<enum>
(2)
</enum>
<text>
the
establishment of a reasonable comment period, not to exceed 30 days, for
interested individuals to submit written comments to the Secretary; and
</text>
</paragraph>
<paragraph id="ID232d72b6b94d452b822b6fb4b72dd06d">
<enum>
(3)
</enum>
<text>
that
the Member of Congress who represents the district in which such center is
located is notified within a reasonable period of time in advance of any final
decision to close the center.
</text>
</paragraph>
</subsection>
</section>
<section id="IDc4164bd9e48145b6b66d2d328e3ecc1f">
<enum>
160.
</enum>
<header>
General
provisions
</header>
<text display-inline="no-display-inline">
The Secretary is
authorized to—
</text>
<paragraph id="IDe8ba9b3df02347cc815da8c8a0ff905d">
<enum>
(1)
</enum>
<text>
disseminate, with
regard to the provisions of
<external-xref legal-doc="usc" parsable-cite="usc/39/3204">
section 3204
</external-xref>
of title 39, United States Code, data
and information in such forms as the Secretary shall determine to be
appropriate, to public agencies, private organizations, and the general
public;
</text>
</paragraph>
<paragraph id="IDe9d9618cb32d47018fa498288617abfb">
<enum>
(2)
</enum>
<text>
subject to
section 157(b), collect or compromise all obligations to or held by the
Secretary and exercise all legal or equitable rights accruing to the Secretary
in connection with the payment of obligations until such time as such
obligations may be referred to the Attorney General for suit or collection;
and
</text>
</paragraph>
<paragraph id="ID511a49a3961146a58477fb66e23ec802">
<enum>
(3)
</enum>
<text>
expend funds made
available for purposes of this subtitle—
</text>
<subparagraph id="IDedc3c6a09e264c4eb3cc28bc0213b9b8">
<enum>
(A)
</enum>
<text>
for printing and
binding, in accordance with applicable law (including regulation); and
</text>
</subparagraph>
<subparagraph id="IDeff0a7c1cbeb4f04b9131fb09cb1a286">
<enum>
(B)
</enum>
<text>
without regard to
any other law (including regulation), for rent of buildings and space in
buildings and for repair, alteration, and improvement of buildings and space in
buildings rented by the Secretary, except that the Secretary shall not expend
funds under the authority of this subparagraph—
</text>
<clause id="IDd7ec873cc2264d6a9278f46cc3517b88">
<enum>
(i)
</enum>
<text>
except
when necessary to obtain an item, service, or facility, that is required in the
proper administration of this subtitle, and that otherwise could not be
obtained, or could not be obtained in the quantity or quality needed, or at the
time, in the form, or under the conditions in which the item, service, or
facility is needed; and
</text>
</clause>
<clause id="ID9aa3019fa4d244daac00ecb199a3aaa0">
<enum>
(ii)
</enum>
<text>
prior
to having given written notification to the Administrator of General Services
(if the expenditure would affect an activity that otherwise would be under the
jurisdiction of the General Services Administration) of the intention of the
Secretary to make the expenditure, and the reasons and justifications for the
expenditure.
</text>
</clause>
</subparagraph>
</paragraph>
</section>
<section id="idFF5BF37FAA6D4C92AE5C58208FA28E4D">
<enum>
161.
</enum>
<header>
Job
Corps oversight and reporting
</header>
<subsection id="id7773C108E3524B7D87B664D87AB4A005">
<enum>
(a)
</enum>
<header>
Temporary
financial reporting
</header>
<paragraph id="id23F12F7413AC4929A3AEFB44F3AD9CF8">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
During the periods described in paragraphs (2) and
(3)(B), the Secretary shall prepare and submit to the applicable committees
financial reports regarding the Job Corps program under this subtitle. Each
such financial report shall include—
</text>
<subparagraph id="idFFC7C893CDDA4454AC2D5968E637EDEE">
<enum>
(A)
</enum>
<text>
information
regarding the implementation of the financial oversight measures suggested in
the May 31, 2013, report of the Office of Inspector General of the Department
of Labor entitled
<quote>
The U.S. Department of Labor's Employment and Training
Administration Needs to Strengthen Controls over Job Corps
Funds
</quote>
;
</text>
</subparagraph>
<subparagraph id="idA63ABB2B53764C158635635EE9956FA9">
<enum>
(B)
</enum>
<text>
a
description of any budgetary shortfalls for the program for the period covered
by the financial report, and the reasons for such shortfalls; and
</text>
</subparagraph>
<subparagraph id="id42269D24CA044E63BFA53BC4C1EFC92D">
<enum>
(C)
</enum>
<text>
a
description and explanation for any approval for contract expenditures that are
in excess of the amounts provided for under the contract.
</text>
</subparagraph>
</paragraph>
<paragraph id="idB2DE68DD2B544B62A06648C1413D94B0">
<enum>
(2)
</enum>
<header>
Timing of
reports
</header>
<text>
The Secretary shall submit a financial report under
paragraph (1) once every 6 months beginning on the date of enactment of this
Act, for a 3-year period. After the completion of such 3-year period, the
Secretary shall submit a financial report under such paragraph once a year for
the next 2 years, unless additional reports are required under paragraph
(3)(B).
</text>
</paragraph>
<paragraph id="id1308FF7AC22448098B151B540899D1D7">
<enum>
(3)
</enum>
<header>
Reporting
requirements in cases of budgetary shortfalls
</header>
<text>
If any financial
report required under this subsection finds that the Job Corps program under
this subtitle has a budgetary shortfall for the period covered by the report,
the Secretary shall—
</text>
<subparagraph id="idB1D3E07CF71D47229F2E06C4DAADB3A3">
<enum>
(A)
</enum>
<text>
not later than 90
days after the budgetary shortfall was identified, submit a report to the
applicable committees explaining how the budgetary shortfall will be addressed;
and
</text>
</subparagraph>
<subparagraph id="idB4AB008ACD6C4EF6AB7EF438B8CE3D48">
<enum>
(B)
</enum>
<text>
submit an
additional financial report under paragraph (1) for each
6-month period subsequent to the finding of the budgetary
shortfall until the Secretary demonstrates, through such
report, that the Job Corps program has no budgetary shortfall.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="idBCF1E968C46B474D984CB0D3CCFE486B">
<enum>
(b)
</enum>
<header>
Third-party
review
</header>
<text>
Every 5 years after the date of enactment of this Act, the
Secretary shall provide for a third-party review of the Job Corps program under
this subtitle that addresses all of the areas described in subparagraphs (A)
through (G) of section 169(a)(2).
The results of the review shall be submitted
to the Committee on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the
Senate.
</text>
</subsection>
<subsection id="idFA8A2B7F6C6D4D0089F371CD7D87926C">
<enum>
(c)
</enum>
<header>
Criteria for
Job Corps center closures
</header>
<text>
By not later than December 1, 2014, the
Secretary shall establish written criteria that the Secretary shall use to
determine when a Job Corps center supported under this subtitle is to be closed
and how to carry out such closure, and shall submit such criteria to the
applicable committees.
</text>
</subsection>
<subsection id="idE821514EBFA4442C83CD5633A03E1952">
<enum>
(d)
</enum>
<header>
Definition of
applicable committees
</header>
<text>
In this section, the term
<quote>
applicable
committees
</quote>
means—
</text>
<paragraph id="id715C11A6A7B84F80A8C1C2B394A2EB1E">
<enum>
(1)
</enum>
<text>
the
Committee on Education and the Workforce of the House of
Representatives;
</text>
</paragraph>
<paragraph id="id3A8CBBA49BDF4808AD8C5B05D8200C5E">
<enum>
(2)
</enum>
<text>
the
Subcommittee on Labor, Health and Human Services, Education, and Related
Agencies of the Committee of Appropriations of the House of
Representatives;
</text>
</paragraph>
<paragraph id="id9B24FFD7B36E4FE9B3B26E9B07DC94D6">
<enum>
(3)
</enum>
<text>
the
Committee on Health, Education, Labor, and Pensions of the Senate; and
</text>
</paragraph>
<paragraph id="id97F580729CD24E95950D28EB304F7B56">
<enum>
(4)
</enum>
<text>
the
Subcommittee on Labor, Health and Human Services, Education, and Related
Agencies of the Committee of Appropriations of the Senate.
</text>
</paragraph>
</subsection>
</section>
<section id="ID5fa4c49b79594525a5479ee84fb77d86">
<enum>
162.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
There are
authorized to be appropriated to carry out this subtitle—
</text>
<paragraph id="id42F722FF936645F397547D84C917BF2F">
<enum>
(1)
</enum>
<text>
$1,688,155,000 for fiscal year 2015;
</text>
</paragraph>
<paragraph id="idF96D9ED8C274429F9127D2E2AB90B3B5">
<enum>
(2)
</enum>
<text>
$1,818,548,000 for fiscal year 2016;
</text>
</paragraph>
<paragraph id="idB261FEA38E24409EA048445E248CFE3A">
<enum>
(3)
</enum>
<text>
$1,856,283,000 for fiscal year 2017;
</text>
</paragraph>
<paragraph id="idD22C29A7F9614F40B7F67DEEFC64F91C">
<enum>
(4)
</enum>
<text>
$1,897,455,000 for fiscal year 2018;
</text>
</paragraph>
<paragraph id="idCC5B3A838B1D414EAD8AE93AFAB87442">
<enum>
(5)
</enum>
<text>
$1,942,064,000 for fiscal year 2019; and
</text>
</paragraph>
<paragraph id="id4879AF18FC8C40538A488785C95C60B9">
<enum>
(6)
</enum>
<text>
$1,983,236,000 for fiscal year 2020.
</text>
</paragraph>
</section>
</subtitle>
<subtitle id="idA40D79DEC6D04382862D9DC9E232641A">
<enum>
D
</enum>
<header>
National
programs
</header>
<section id="ID261719eb92a845b5b7fc3f03f8240f44">
<enum>
166.
</enum>
<header>
Native
American programs
</header>
<subsection id="IDfdb748f4e0004321bc02054075b8ebd7">
<enum>
(a)
</enum>
<header>
Purpose
</header>
<paragraph id="ID286430d04bc24e12b65969caf7ec20c5">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The purpose of this section is to support employment and
training activities for Indian, Alaska Native, and Native Hawaiian individuals
in order—
</text>
<subparagraph id="ID96b98618193c494e8a3d565c06b34f35">
<enum>
(A)
</enum>
<text>
to develop more
fully the academic, occupational, and literacy skills of such
individuals;
</text>
</subparagraph>
<subparagraph id="ID80495481722643498a6cbb90572a90a8">
<enum>
(B)
</enum>
<text>
to make such
individuals more competitive in the workforce and to equip them with the
entrepreneurial skills necessary for successful self-employment; and
</text>
</subparagraph>
<subparagraph id="IDbff185ae826a43f9acb23d272cc4ad36">
<enum>
(C)
</enum>
<text>
to promote the
economic and social development of Indian, Alaska Native, and Native Hawaiian
communities in accordance with the goals and values of such communities.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID032c5b36f4764002a1eaa0f8205bc8ce">
<enum>
(2)
</enum>
<header>
Indian
policy
</header>
<text>
All programs assisted under this section shall be
administered in a manner consistent with the principles of the Indian
Self-Determination and Education Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/25/450">
25 U.S.C. 450 et seq.
</external-xref>
) and the
government-to-government relationship between the Federal Government and Indian
tribal governments.
</text>
</paragraph>
</subsection>
<subsection id="ID07fb2d51a61e49079b01d897eee2c433">
<enum>
(b)
</enum>
<header>
Definitions
</header>
<text>
As
used in this section:
</text>
<paragraph id="ID599af89b21b14714a2daf0fea697cb18">
<enum>
(1)
</enum>
<header>
Alaska
native
</header>
<text>
The term
<term>
Alaska Native
</term>
includes a Native and
a descendant of a Native, as such terms are defined in subsections (b) and (r)
of section 3 of the Alaska Native Claims Settlement Act (
<external-xref legal-doc="usc" parsable-cite="usc/43/1602">
43 U.S.C. 1602(b)
</external-xref>
,
(r)).
</text>
</paragraph>
<paragraph id="IDc49bea7f789345dfbff8f663249ade2f">
<enum>
(2)
</enum>
<header>
Indian, indian
tribe, and tribal organization
</header>
<text>
The terms
<term>
Indian
</term>
,
<term>
Indian tribe
</term>
, and
<term>
tribal organization
</term>
have the
meanings given such terms in subsections (d), (e), and (l), respectively, of
section 4 of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).
</text>
</paragraph>
<paragraph id="ID48c638b2fe374677b56a48322c365e03">
<enum>
(3)
</enum>
<header>
Native hawaiian
and native hawaiian organization
</header>
<text>
The terms
<term>
Native
Hawaiian
</term>
and
<term>
Native Hawaiian organization
</term>
have the meanings
given such terms in section 7207 of the Native Hawaiian Education Act (20
U.S.C. 7517).
</text>
</paragraph>
</subsection>
<subsection id="ID19d89c76e8b44fc18571f487a6ed271b">
<enum>
(c)
</enum>
<header>
Program
authorized
</header>
<text>
Every 4 years, the Secretary shall, on a competitive
basis, make grants to, or enter into contracts or cooperative agreements with,
Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled
organizations serving Indians, or Native Hawaiian organizations to carry out
the authorized activities described in subsection (d).
</text>
</subsection>
<subsection id="ID1b4ee15645f943979df06e3572f1ab99">
<enum>
(d)
</enum>
<header>
Authorized
activities
</header>
<paragraph id="ID6e18d8620f5143008092352d7ffebde0">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Funds made available under subsection (c) shall be used
to carry out the activities described in paragraph (2) that—
</text>
<subparagraph id="IDfe12a3365646432ba1cf2a155ae86e14">
<enum>
(A)
</enum>
<text>
are consistent
with this section; and
</text>
</subparagraph>
<subparagraph id="ID062e8c47f43048dca43da1d5a424e586">
<enum>
(B)
</enum>
<text>
are necessary to
meet the needs of Indians, Alaska Natives, or Native Hawaiians preparing to
enter, reenter, or retain unsubsidized employment leading to self-sufficiency.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID59188f2ba00b4a9a88e24b2e06e6963a">
<enum>
(2)
</enum>
<header>
Workforce
development activities and supplemental services
</header>
<subparagraph id="ID728aece7656841abaa4fc7d742baf7f2">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Funds made available under subsection (c) shall be used
for—
</text>
<clause id="ID7f4eba5994ff40a5b1a91f427a6a483e">
<enum>
(i)
</enum>
<text>
comprehensive
workforce development activities for Indians, Alaska Natives, or Native
Hawaiians, including training on entrepreneurial skills; or
</text>
</clause>
<clause id="ID59cbe5d681ad41fc9073247e911ff4d1">
<enum>
(ii)
</enum>
<text>
supplemental
services for Indian, Alaska Native, or Native Hawaiian youth on or near Indian
reservations and in Oklahoma, Alaska, or Hawaii.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="IDaa1feaef2735448dad7f1570f1ea7bb8">
<enum>
(B)
</enum>
<header>
Special
rule
</header>
<text>
Notwithstanding any other provision of this section,
individuals who were eligible to participate in programs under section 401 of
the Job Training Partnership Act (as such section was in effect on the day
before the date of enactment of the Workforce Investment Act of 1998) shall be
eligible to participate in an activity assisted under this section.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="ID5813c437fe584d6b854eb0511690d33d">
<enum>
(e)
</enum>
<header>
Program
plan
</header>
<text>
In order to receive a grant or enter into a contract or
cooperative agreement under this section, an entity described in subsection (c)
shall submit to the Secretary a program plan that describes a 4-year strategy
for meeting the needs of Indian, Alaska Native, or Native Hawaiian individuals,
as appropriate, in the area served by such entity. Such plan shall—
</text>
<paragraph id="ID918a0c824e024b89890bb54e7c53d418">
<enum>
(1)
</enum>
<text>
be
consistent with the purpose of this section;
</text>
</paragraph>
<paragraph id="ID8efc107eab4e4c0cab17436d7c61ca03">
<enum>
(2)
</enum>
<text>
identify the
population to be served;
</text>
</paragraph>
<paragraph id="IDc35b8a48246c4b599974936b38834335">
<enum>
(3)
</enum>
<text>
identify the
education and employment needs of the population to be served and the manner in
which the activities to be provided will strengthen the ability of the
individuals served to obtain or retain unsubsidized employment leading to
self-sufficiency;
</text>
</paragraph>
<paragraph id="ID9c2ae38f98844939969ecc717d77226b">
<enum>
(4)
</enum>
<text>
describe the
activities to be provided and the manner in which such activities are to be
integrated with other appropriate activities; and
</text>
</paragraph>
<paragraph id="ID1478500d07d44b579b147b102c2a9322">
<enum>
(5)
</enum>
<text>
describe, after
the entity submitting the plan consults with the Secretary, the performance
accountability measures to be used to assess the performance of entities in
carrying out the activities assisted under this section, which shall include
the primary indicators of performance described in section 116(b)(2)(A) and
expected levels of performance for such indicators, in accordance with
subsection (h).
</text>
</paragraph>
</subsection>
<subsection id="ID380c695fb6f34b5aaba69629822f8d0e">
<enum>
(f)
</enum>
<header>
Consolidation
of funds
</header>
<text>
Each entity receiving assistance under subsection (c)
may consolidate such assistance with assistance received from related programs
in accordance with the provisions of the Indian Employment, Training and
Related Services Demonstration Act of 1992 (
<external-xref legal-doc="usc" parsable-cite="usc/25/3401">
25 U.S.C. 3401 et seq.
</external-xref>
).
</text>
</subsection>
<subsection id="ID829f2139a8904a03a8df35a5ad8e545e">
<enum>
(g)
</enum>
<header>
Nonduplicative
and nonexclusive services
</header>
<text>
Nothing in this section shall be
construed—
</text>
<paragraph id="ID254acd0d57d148adbc8950a1a1fb2871">
<enum>
(1)
</enum>
<text>
to
limit the eligibility of any entity described in subsection (c) to participate
in any activity offered by a State or local entity under this Act; or
</text>
</paragraph>
<paragraph id="IDaa648311cecc48b3bb898898f61ef2b2">
<enum>
(2)
</enum>
<text>
to
preclude or discourage any agreement, between any entity described in
subsection (c) and any State or local entity, to facilitate the provision of
services by such entity or to the population served by such entity.
</text>
</paragraph>
</subsection>
<subsection id="idC32B904730514887977458B8A6513324">
<enum>
(h)
</enum>
<header>
Performance
accountability measures
</header>
<paragraph id="id7220D2B630014D31A8A45A088910E890">
<enum>
(1)
</enum>
<header>
Additional
performance indicators and standards
</header>
<subparagraph id="IDbffeddc2251b4112b9cb1de67c3b910e">
<enum>
(A)
</enum>
<header>
Development of
indicators and standards
</header>
<text>
The Secretary, in consultation with the
Native American Employment and Training Council, shall develop a set of
performance indicators and standards that is in addition to the primary
indicators of performance described in section 116(b)(2)(A) and that shall be
applicable to programs under this section.
</text>
</subparagraph>
<subparagraph id="ID730653aa4cba45fdacd6d2bd219da6b8">
<enum>
(B)
</enum>
<header>
Special
considerations
</header>
<text>
Such performance indicators and standards shall
take into account—
</text>
<clause id="IDb02226deaee14785b67cbb9d52e1faed">
<enum>
(i)
</enum>
<text>
the
purpose of this section as described in subsection (a)(1);
</text>
</clause>
<clause id="IDcb24e9cd8daf4672aab437926374a37f">
<enum>
(ii)
</enum>
<text>
the
needs of the groups served by this section, including the differences in needs
among such groups in various geographic service areas; and
</text>
</clause>
<clause id="ID330b609b2dbe434dbf6156f649827555">
<enum>
(iii)
</enum>
<text>
the
economic circumstances of the communities served, including differences in
circumstances among various geographic service areas.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="ID64003a09d907481cb8c20c9331daf6c4">
<enum>
(2)
</enum>
<header>
Agreement on
adjusted levels of performance
</header>
<text>
The Secretary and the entity
described in subsection (c) shall reach agreement on the levels of performance
for each of the primary indicators of performance described in section
116(b)(2)(A), taking into account economic conditions, characteristics of
the
individuals served, and other appropriate factors and using, to the extent
practicable, the statistical adjustment model under section 116(b)(3)(A)(viii).
The levels agreed to shall be the adjusted levels of performance and shall be
incorporated in the program plan.
</text>
</paragraph>
</subsection>
<subsection id="ID2f2d319baa0e496181cdc4289d94341c">
<enum>
(i)
</enum>
<header>
Administrative
provisions
</header>
<paragraph id="ID51dd535b56ee4177b39514e78d18f33f">
<enum>
(1)
</enum>
<header>
Organizational
unit established
</header>
<text>
The Secretary shall designate a single
organizational unit within the Department of Labor that shall have primary
responsibility for the administration of the activities authorized under this
section.
</text>
</paragraph>
<paragraph id="ID03a04d08d71247968affb393cb06f40d">
<enum>
(2)
</enum>
<header>
Regulations
</header>
<text>
The
Secretary shall consult with the entities described in subsection (c)
in—
</text>
<subparagraph id="IDb542e08e00e949ef9692f4f9663ed0bc">
<enum>
(A)
</enum>
<text>
establishing
regulations to carry out this section, including regulations relating to the
performance accountability measures for entities receiving assistance under
this section; and
</text>
</subparagraph>
<subparagraph id="ID733995b813284eb681b5fa7cec72cff4">
<enum>
(B)
</enum>
<text>
developing a
funding distribution plan that takes into consideration previous levels of
funding (prior to the date of enactment of this Act) to such entities.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID5cc24f6c6ebd487a9dd4c954ab666dc2">
<enum>
(3)
</enum>
<header>
Waivers
</header>
<subparagraph id="IDfd0a2185c52f477a97f3b632924d10b7">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
With respect to an entity described in subsection (c),
the Secretary, notwithstanding any other provision of law, may, pursuant to a
request submitted by such entity that meets the requirements established under
subparagraph (B), waive any of the statutory or regulatory requirements of this
title that are inconsistent with the specific needs of the entity
described in such subsection, except that the Secretary may not waive
requirements relating to wage and labor standards, worker rights, participation
and protection of workers and participants, grievance procedures, and judicial
review.
</text>
</subparagraph>
<subparagraph id="ID126e5719853b482a8702038f9de00538">
<enum>
(B)
</enum>
<header>
Request and
approval
</header>
<text>
An entity described in subsection (c) that requests a
waiver under subparagraph (A) shall submit a plan to the Secretary to improve
the program of workforce investment activities carried out by the entity, which
plan shall meet the requirements established by the Secretary and shall be
generally consistent with the requirements of section 189(i)(3)(B).
</text>
</subparagraph>
</paragraph>
<paragraph id="IDc87237334a87407683d6aa372d61a990">
<enum>
(4)
</enum>
<header>
Advisory
council
</header>
<subparagraph id="IDaa3512d7e5a94d4b848de33d13c2b02c">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Using funds made available to carry out this section, the
Secretary shall establish a Native American Employment and Training Council to
facilitate the consultation described in paragraph (2) and to provide the
advice described in subparagraph (C).
</text>
</subparagraph>
<subparagraph id="IDfa6a8a6d9999475eb6d070e8e22e396c">
<enum>
(B)
</enum>
<header>
Composition
</header>
<text>
The
Council shall be composed of individuals, appointed by the Secretary, who are
representatives of the entities described in subsection (c).
</text>
</subparagraph>
<subparagraph id="ID890e0ac800d54946a8befbcf6b4e7bcd">
<enum>
(C)
</enum>
<header>
Duties
</header>
<text>
The
Council shall advise the Secretary on the operation and administration of the
programs assisted under this section, including the selection of the individual
appointed as head of the unit established under paragraph (1).
</text>
</subparagraph>
<subparagraph id="IDee7b840c353541eb9faa63bd12fddb6b">
<enum>
(D)
</enum>
<header>
Personnel
matters
</header>
<clause id="IDebe92d6afce24a668dbaf223ddc28f95">
<enum>
(i)
</enum>
<header>
Compensation of
members
</header>
<text>
Members of the Council shall serve without
compensation.
</text>
</clause>
<clause id="ID9c234d937bd8414983d2b4804c293db0">
<enum>
(ii)
</enum>
<header>
Travel
expenses
</header>
<text>
The members of the Council shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/57">
chapter 57
</external-xref>
of title 5, United
States Code, while away from their homes or regular places of business in the
performance of services for the Council.
</text>
</clause>
<clause id="ID4d7a20c5cf8b43e7ae6516bce7ccdfe1">
<enum>
(iii)
</enum>
<header>
Administrative
support
</header>
<text>
The Secretary shall provide the Council with such
administrative support as may be necessary to perform the functions of the
Council.
</text>
</clause>
</subparagraph>
<subparagraph id="ID7c36afddf7194754a71b63451dabcd2d">
<enum>
(E)
</enum>
<header>
Chairperson
</header>
<text>
The
Council shall select a chairperson from among its members.
</text>
</subparagraph>
<subparagraph id="IDb18f0ecb539340bab8263746073be4af">
<enum>
(F)
</enum>
<header>
Meetings
</header>
<text>
The
Council shall meet not less than twice each year.
</text>
</subparagraph>
<subparagraph id="ID22d5b69b252f463a816fb77450b9a3bf">
<enum>
(G)
</enum>
<header>
Application
</header>
<text>
Section
14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Council.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID62c59167ad2f4bf7bc4d35788c44833c">
<enum>
(5)
</enum>
<header>
Technical
assistance
</header>
<text>
The Secretary, acting through the unit established
under paragraph (1), is authorized to provide technical assistance to entities
described in subsection (c) that receive assistance under such subsection to
enable such entities to improve the activities authorized under this section
that are provided by such entities.
</text>
</paragraph>
<paragraph id="ID8724df3479bb48958d6dfa3447156310">
<enum>
(6)
</enum>
<header>
Agreement for
certain federally recognized indian tribes to transfer funds to the
program
</header>
<text>
A federally recognized Indian tribe that administers
funds provided under this section and funds provided by more than one State
under other sections of this title may enter into an agreement with the
Secretary and the Governors of the affected States to transfer the funds
provided by the States to the program administered by the tribe under this
section.
</text>
</paragraph>
</subsection>
<subsection id="IDa19ad6f359614627922695b05ffea6a7">
<enum>
(j)
</enum>
<header>
Compliance with
single audit requirements; related requirement
</header>
<text>
Grants made and contracts and cooperative agreements entered into under this section shall be
subject to
the requirements of chapter 75 of subtitle V of title 31, United States Code,
and charging of costs under this section shall be subject to appropriate
circulars issued by the Office of Management and Budget.
</text>
</subsection>
<subsection id="IDb774cec7e4b5434ebd4ce1029e30fbdf">
<enum>
(k)
</enum>
<header>
Assistance to
unique populations in Alaska and Hawaii
</header>
<paragraph id="IDbe7e5c26ad7542488d346dbdb61c3404">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Notwithstanding any other provision of law, the Secretary
is authorized to award grants, on a competitive basis, to entities with
demonstrated experience and expertise in developing and implementing
programs for the unique populations who reside in Alaska or Hawaii,
including public and private nonprofit organizations, tribal
organizations, American Indian tribal colleges or universities,
institutions of higher education, or consortia of such organizations or
institutions, to improve job training and workforce investment activities
for such unique populations.
</text>
</paragraph>
<paragraph id="IDd749f11b7b2d45659394f553669b7b70">
<enum>
(2)
</enum>
<header>
Authorization
of appropriations
</header>
<text>
There are authorized to be appropriated to
carry out this subsection—
</text>
<subparagraph id="id47EE1B9511AE45329F5E19DB8D099ACF">
<enum>
(A)
</enum>
<text>
$461,000 for fiscal year 2015;
</text>
</subparagraph>
<subparagraph id="id51C9A4BE43BE4BA492C7FF23C879FD4B">
<enum>
(B)
</enum>
<text>
$497,000 for fiscal year 2016;
</text>
</subparagraph>
<subparagraph id="id144949FC75DA45B793D573DA21882916">
<enum>
(C)
</enum>
<text>
$507,000 for fiscal year 2017;
</text>
</subparagraph>
<subparagraph id="idEE53F889594E45EBB2DBBD3C325BE261">
<enum>
(D)
</enum>
<text>
$518,000 for fiscal year 2018;
</text>
</subparagraph>
<subparagraph id="id9B8B7661EC314497BBF14747DD024820">
<enum>
(E)
</enum>
<text>
$530,000 for fiscal year 2019; and
</text>
</subparagraph>
<subparagraph id="id4150796F6AB441E89C175038C4A40E90">
<enum>
(F)
</enum>
<text>
$542,000 for fiscal year 2020.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="ID481c37229bc14c98b35f950cca2e997c">
<enum>
167.
</enum>
<header>
Migrant and
seasonal farmworker programs
</header>
<subsection id="ID651b0a9024074528aaf61757a211cbfa">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Every 4 years, the Secretary shall, on a competitive
basis, make grants to, or enter into contracts with, eligible entities to carry
out the activities described in subsection (d).
</text>
</subsection>
<subsection id="ID847566852c9b45cdb6210758f3e4db7a">
<enum>
(b)
</enum>
<header>
Eligible
entities
</header>
<text>
To be eligible to receive a grant or enter into a
contract under this section, an entity shall have an understanding of the
problems of eligible migrant and seasonal farmworkers (including dependents), a
familiarity with the area to be served, and the ability to demonstrate a
capacity to administer and deliver effectively a diversified program of
workforce investment activities (including youth workforce investment
activities) and related assistance for eligible migrant and seasonal
farmworkers.
</text>
</subsection>
<subsection id="ID9fc9514220c44552852aaac10ca8b48a">
<enum>
(c)
</enum>
<header>
Program
plan
</header>
<paragraph id="ID0e5b5fc932074873a76a661bb8653e4b">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
To be eligible to receive a grant or enter into a
contract under this section, an entity described in subsection (b) shall submit
to the Secretary a plan that describes a 4-year strategy for meeting the needs
of eligible migrant and seasonal farmworkers in the area to be served by such
entity.
</text>
</paragraph>
<paragraph id="ID5ad4213bf06d459ca548724ae2252e2f">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
Such
plan shall—
</text>
<subparagraph id="ID054eddb4d6694b98b67df572ce67be59">
<enum>
(A)
</enum>
<text>
describe the
population to be served and identify the education and employment needs of the
population to be served and the manner in which the services to be provided
will strengthen the ability of the eligible migrant and seasonal farmworkers
and dependents to obtain or retain unsubsidized employment, or stabilize their
unsubsidized employment, including upgraded employment in agriculture;
</text>
</subparagraph>
<subparagraph id="IDbe44538dc3e14504b0c9f1b07e83109a">
<enum>
(B)
</enum>
<text>
describe the
related assistance and supportive services to be provided and the manner in
which such assistance and services are to be integrated and coordinated with
other appropriate services;
</text>
</subparagraph>
<subparagraph id="ID46872691396b4717a9bf47f986674860">
<enum>
(C)
</enum>
<text>
describe the
performance accountability measures to be used to assess the performance of
such entity in carrying out the activities assisted under this section, which
shall include the expected levels of performance for the primary indicators of
performance described in section 116(b)(2)(A);
</text>
</subparagraph>
<subparagraph id="ID7992355034874bf4aafa4ebbb65d9479">
<enum>
(D)
</enum>
<text>
describe the
availability and accessibility of local resources, such as supportive services,
services provided through one-stop delivery systems, and education and
training services, and how the resources can be
made available to the population to be
served; and
</text>
</subparagraph>
<subparagraph id="ID59b271a891ea4fec926aa7fc2d2c2748">
<enum>
(E)
</enum>
<text>
describe the plan
for providing services under this section, including strategies and systems for
outreach, career planning, assessment, and delivery through one-stop delivery
systems.
</text>
</subparagraph>
</paragraph>
<paragraph id="IDebeffffc0ccc4db89193244b72322556">
<enum>
(3)
</enum>
<header>
Agreement on
adjusted levels of performance
</header>
<text>
The Secretary and the entity
described in subsection (b) shall reach agreement on the levels of performance
for each of the primary indicators of performance described in section
116(b)(2)(A), taking into account economic conditions, characteristics of
the
individuals served, and other appropriate factors, and using, to the extent
practicable, the statistical adjustment model under section 116(b)(3)(A)(viii).
The levels agreed to shall be the adjusted levels of performance and shall be
incorporated in the program plan.
</text>
</paragraph>
<paragraph id="ID87c2d4d93cd540acbbb4f19bccaeac9b">
<enum>
(4)
</enum>
<header>
Administration
</header>
<text>
Grants
and contracts awarded under this section shall be centrally administered by the
Department of Labor and competitively awarded by the Secretary using procedures
consistent with standard Federal Government competitive procurement
policies.
</text>
</paragraph>
</subsection>
<subsection id="ID60a8ede7083d46f5ad1ad32dbd5e3e5c">
<enum>
(d)
</enum>
<header>
Authorized
activities
</header>
<text>
Funds made available under this section and section 127(a)(1) shall be used to carry out workforce
investment activities (including youth
workforce investment activities) and provide related assistance for eligible
migrant and seasonal farmworkers, which may include—
</text>
<paragraph id="idECD206BE3CA7400B884F7F8F87578C32">
<enum>
(1)
</enum>
<text>
outreach,
employment, training, educational assistance, literacy assistance, English
language and literacy instruction, pesticide and worker safety training,
housing (including permanent housing), supportive services, and school dropout
prevention and recovery activities;
</text>
</paragraph>
<paragraph id="idF9E65EE3F86642EDAB8AD9E3E3C13BA3">
<enum>
(2)
</enum>
<text>
followup services
for those individuals placed in employment;
</text>
</paragraph>
<paragraph id="idC6796A87230A4548BD3651FCA1055282">
<enum>
(3)
</enum>
<text>
self-employment
and related business or micro-enterprise development or education as needed by
eligible individuals as identified pursuant to the plan required by subsection
(c);
</text>
</paragraph>
<paragraph id="idAC1DED2A0C8C4771B592DC6AE2FBA0C0">
<enum>
(4)
</enum>
<text>
customized career
and technical education in occupations that will lead to higher wages, enhanced
benefits, and long-term employment in agriculture or another area; and
</text>
</paragraph>
<paragraph id="id7F2702BB50294E7C8956872E9BC9AA63">
<enum>
(5)
</enum>
<text>
technical
assistance to improve coordination of services and implement best practices
relating to service delivery through one-stop delivery systems.
</text>
</paragraph>
</subsection>
<subsection id="ID32a36309e002474f91f0de1ba6c39719">
<enum>
(e)
</enum>
<header>
Consultation
with governors and local boards
</header>
<text>
In making grants and entering
into contracts under this section, the Secretary shall consult with the
Governors and local boards of the States in which the eligible entities will
carry out the activities described in subsection (d).
</text>
</subsection>
<subsection id="ID8a864d0b92fc4f1b98297eaced35461d">
<enum>
(f)
</enum>
<header>
Regulations
</header>
<text>
The
Secretary shall consult with eligible migrant and seasonal farmworkers groups
and States in establishing regulations to carry out this section, including
regulations relating to how economic and demographic barriers to employment of
eligible migrant and seasonal farmworkers should be considered and included in
the negotiations leading to the adjusted levels of performance described in
subsection (c)(3).
</text>
</subsection>
<subsection id="IDc6968e8111a0490289d03a9bde5448ad">
<enum>
(g)
</enum>
<header>
Compliance with
single audit requirements; related requirement
</header>
<text>
Grants made and
contracts entered into under this section shall be subject to the requirements
of chapter 75 of subtitle V of title 31, United States Code and charging of
costs under this section shall be subject to appropriate circulars issued by
the Office of Management and Budget.
</text>
</subsection>
<subsection id="ID5128db4c62d54a5083a4ee76de96cfdb">
<enum>
(h)
</enum>
<header>
Funding
allocation
</header>
<text>
From the funds appropriated and made available to
carry out this section, the Secretary shall reserve not more than 1 percent for
discretionary purposes, such as providing technical assistance to eligible
entities.
</text>
</subsection>
<subsection id="ID0f5572cd7dae42a384b7d59e14f21a84">
<enum>
(i)
</enum>
<header>
Definitions
</header>
<text>
In
this section:
</text>
<paragraph commented="no" display-inline="no-display-inline" id="ID0CCD2BF0D8224EBE81730118E292F1D8">
<enum>
(1)
</enum>
<header display-inline="yes-display-inline">
Eligible migrant and seasonal farmworkers
</header>
<text display-inline="yes-display-inline">
The term
<term>
eligible migrant and seasonal farmworkers
</term>
means individuals who are eligible migrant farmworkers or are eligible seasonal farmworkers.
</text>
</paragraph>
<paragraph id="IDf460db5ec4cf4cfab0d4a0602c5e3c32">
<enum>
(2)
</enum>
<header>
Eligible
migrant farmworker
</header>
<text>
The term
<term>
eligible migrant
farmworker
</term>
means—
</text>
<subparagraph id="ID9bfd79661a264a0e9861257e38ea3451">
<enum>
(A)
</enum>
<text>
an eligible
seasonal farmworker described in paragraph (3)(A) whose agricultural labor
requires travel to a job site such that the farmworker is unable to return to a
permanent place of residence within the same day; and
</text>
</subparagraph>
<subparagraph id="ID74cb299318b541da8b13eb0d10d7c71b">
<enum>
(B)
</enum>
<text>
a
dependent of the farmworker described in subparagraph (A).
</text>
</subparagraph>
</paragraph>
<paragraph id="IDce83cdcac5764d31b8d13f1c13e4ae1e">
<enum>
(3)
</enum>
<header>
Eligible
seasonal farmworker
</header>
<text>
The term
<term>
eligible seasonal
farmworker
</term>
means—
</text>
<subparagraph id="ID2891fb2b36af48cfa65f0a7c3a052961">
<enum>
(A)
</enum>
<text>
a
low-income individual who—
</text>
<clause id="idFF0057F17A3642E89F46056FEA21003B">
<enum>
(i)
</enum>
<text>
for 12
consecutive months out of the 24 months prior to application for the program
involved, has been primarily employed in agricultural or fish farming labor
that is characterized by chronic unemployment or underemployment; and
</text>
</clause>
<clause id="id2D56CC7297D04A0ABBC6FF1D12317724">
<enum>
(ii)
</enum>
<text>
faces
multiple barriers to economic self-sufficiency; and
</text>
</clause>
</subparagraph>
<subparagraph id="ID1eae4567d5a7494c8704615e025d494d">
<enum>
(B)
</enum>
<text>
a
dependent of the person described in subparagraph (A).
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="ID4025edd50f2a4b5790288cafc656cbe9">
<enum>
168.
</enum>
<header>
Technical
assistance
</header>
<subsection id="ID29ddd57b1b31489fb57a07d964b80399">
<enum>
(a)
</enum>
<header>
General
technical assistance
</header>
<paragraph id="ID4a3e42a6c3b14b5ebb2be86a3261454f">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall ensure that the Department has sufficient capacity to, and does, provide,
coordinate, and support the
development of, appropriate training, technical assistance, staff development,
and other activities, including—
</text>
<subparagraph id="idD22289245D3E4D96AA32817BB135E3A3">
<enum>
(A)
</enum>
<text>
assistance in
replicating programs of demonstrated effectiveness, to States and
localities;
</text>
</subparagraph>
<subparagraph id="idBC06504EEF8A4B55B5A3B4544DABCB81">
<enum>
(B)
</enum>
<text>
the training of
staff providing rapid response services;
</text>
</subparagraph>
<subparagraph id="id270219FDADE24D1BAE2B3A88A3A331C6">
<enum>
(C)
</enum>
<text>
the training of
other staff of recipients of funds under this title, including the staff of
local boards and State boards;
</text>
</subparagraph>
<subparagraph id="id2186E62D1AC945CE8B59F4D63EF0CE3B">
<enum>
(D)
</enum>
<text>
the training of
members of State boards and local boards;
</text>
</subparagraph>
<subparagraph id="idf9747ac9ed4743c8988173cddda83a88">
<enum>
(E)
</enum>
<text>
assistance in the
development and implementation of integrated, technology-enabled intake and
case management information systems for programs carried out under this Act and
programs carried out by one-stop partners, such as standard sets of technical
requirements for the systems, offering interfaces that States could use in
conjunction with their current (as of the first date of implementation of the
systems) intake and case management information systems that would facilitate
shared registration across programs;
</text>
</subparagraph>
<subparagraph id="idD6B0B78BEDA14CEBAF9FBD13E6D5D3A5">
<enum>
(F)
</enum>
<text>
assistance regarding accounting and program operations to States and localities (when such
assistance would not supplant assistance provided by the State);
</text>
</subparagraph>
<subparagraph id="id6BBEADB0E8574C40A324BF862CBD8609">
<enum>
(G)
</enum>
<text>
peer review
activities under this title; and
</text>
</subparagraph>
<subparagraph id="idC7673277A5134762848478AD744E1D1D">
<enum>
(H)
</enum>
<text>
in particular,
assistance to States in making transitions to implement the provisions of this
Act.
</text>
</subparagraph>
</paragraph>
<paragraph id="id961CF467F7F1434C997AE58A0F7C0B9A">
<enum>
(2)
</enum>
<header>
Form of
assistance
</header>
<subparagraph id="idD1B303F608B64FAAAB97C2A0C923D9F0">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
In order to carry out paragraph (1) on behalf of a State
or recipient of financial assistance under section 166 or 167, the
Secretary, after consultation with the State or grant recipient, may award
grants or enter into contracts or cooperative agreements.
</text>
</subparagraph>
<subparagraph id="ID6a2d690aba40406aa6d042b9ea360dce">
<enum>
(B)
</enum>
<header>
Limitation
</header>
<text>
Grants
or contracts awarded under paragraph (1) to entities other than States or local
units of government that are for amounts in excess of $100,000 shall only be
awarded on a competitive basis.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="ID9d38304d6866493f9249cfe1d075f7ac">
<enum>
(b)
</enum>
<header>
Dislocated
worker technical assistance
</header>
<paragraph id="IDfdd02379758a4884af3ab42c737d70dd">
<enum>
(1)
</enum>
<header>
Authority
</header>
<text>
Of
the amounts available pursuant to section 132(a)(2)(A), the Secretary shall
reserve not more than 5 percent of such amounts to provide technical assistance
to States that do not meet the State performance accountability measures for the
primary indicators of performance described in section 116(b)(2)(A)(i)
with respect to employment and training
activities for dislocated workers. Using such reserved funds, the Secretary may
provide such assistance to other States, local areas, and other entities
involved in providing assistance to dislocated workers, to promote the
continuous improvement of assistance provided to dislocated workers, under this
title.
</text>
</paragraph>
<paragraph id="ID148b9704664d4b288e72f97df826baae">
<enum>
(2)
</enum>
<header>
Training
</header>
<text>
Amounts
reserved under this subsection may be used to provide for the training of
staff, including specialists, who provide rapid response services. Such
training shall include instruction in proven methods of promoting,
establishing, and assisting labor-management committees. Such projects shall be
administered through the Employment and Training Administration of the
Department.
</text>
</paragraph>
</subsection>
<subsection id="ID12bd6e7b218f42fc9ead349e9e02ce46">
<enum>
(c)
</enum>
<header>
Promising and
proven practices coordination
</header>
<text>
The Secretary shall—
</text>
<paragraph id="ID5733345405ed451b8148942b09d8f9d4">
<enum>
(1)
</enum>
<text>
establish a
system through which States may share information regarding promising and
proven practices with regard to the operation of workforce investment
activities under this Act;
</text>
</paragraph>
<paragraph id="ID54101f6cdcd24f9ea893db2322ffb48d">
<enum>
(2)
</enum>
<text>
evaluate and
disseminate information regarding such promising and proven practices and
identify knowledge gaps; and
</text>
</paragraph>
<paragraph id="IDfe67a96b6f2d467a8064ef8b63f2d3a9">
<enum>
(3)
</enum>
<text>
commission
research under section 169(b) to address knowledge gaps identified under
paragraph (2).
</text>
</paragraph>
</subsection>
</section>
<section id="IDe32b7b1d3a11426d8a4b5afec6c24bcc">
<enum>
169.
</enum>
<header>
Evaluations
and research
</header>
<subsection id="IDcf1395bf644f4bfc9006b4570eb81880">
<enum>
(a)
</enum>
<header>
Evaluations
</header>
<paragraph id="id1D4558486EAE47D6A3D605E3BD4F5CA9">
<enum>
(1)
</enum>
<header>
Evaluations of
programs and activities carried out under this title
</header>
<subparagraph id="id94D423FFD45A47A698FD685FBF8FF905">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
For the purpose of improving the management and effectiveness
of programs and activities carried out under this title, the
Secretary, through grants, contracts, or cooperative agreements, shall provide for
the continuing evaluation of the programs and
activities under this title, including those programs and activities carried out
under this
section.
</text>
</subparagraph>
<subparagraph id="id2C2C87DA0AAA4E82A197EA3A78CFAD4D">
<enum>
(B)
</enum>
<header>
Periodic independent evaluation
</header>
<text>
The evaluations carried out under this paragraph shall include an independent evaluation, at
least once every 4 years, of the
programs and activities
carried out under this title.
</text>
</subparagraph>
</paragraph>
<paragraph id="id72974BE313D9450DB0B22065A92249EC">
<enum>
(2)
</enum>
<header>
Evaluation subjects
</header>
<text>
Each evaluation
carried out under paragraph (1) shall address—
</text>
<subparagraph id="ID590788550fc24144abd6fc5d27e7d5c3">
<enum>
(A)
</enum>
<text>
the general
effectiveness of such programs and activities in relation to their cost,
including the extent to which the programs and activities—
</text>
<clause id="ID221ba01962c041a5b4a84aeceb7e29f1">
<enum>
(i)
</enum>
<text>
improve
the employment competencies of participants in comparison to
comparably-situated individuals who did not participate in such programs and
activities; and
</text>
</clause>
<clause id="ID8115178378c94c14b64006c99bd17edd">
<enum>
(ii)
</enum>
<text>
to the
extent feasible, increase the level of total employment over the level that
would have existed in the absence of such programs and activities;
</text>
</clause>
</subparagraph>
<subparagraph id="ID70f64d5136b546f6b6978fc683ea5d76">
<enum>
(B)
</enum>
<text>
the effectiveness
of the performance accountability measures relating to such programs and
activities;
</text>
</subparagraph>
<subparagraph id="ID770276642f7347e197c5dd35f3f2ba4f">
<enum>
(C)
</enum>
<text>
the effectiveness
of the structure and mechanisms for delivery of services through such programs
and activities, including the coordination and integration of services through
such programs and activities;
</text>
</subparagraph>
<subparagraph id="IDbea9cb6cfd3d4dfa9dbab6c10a7e37c4">
<enum>
(D)
</enum>
<text>
the impact of
such programs and activities on the community, businesses, and participants
involved;
</text>
</subparagraph>
<subparagraph id="ID999ab39e0fb64b2aa7bcef9f4f817eab">
<enum>
(E)
</enum>
<text>
the impact of
such programs and activities on related programs and activities;
</text>
</subparagraph>
<subparagraph id="ID5feddf17812b46a69cecf51020fe1b63">
<enum>
(F)
</enum>
<text>
the extent to
which such programs and activities meet the needs of various demographic
groups; and
</text>
</subparagraph>
<subparagraph id="IDf6717e5a710941fe9b2eadbe2d0a3fcb">
<enum>
(G)
</enum>
<text>
such other
factors as may be appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID41da6cd9205c48a99d18a9807a39deb6">
<enum>
(3)
</enum>
<header>
Evaluations of
other programs and activities
</header>
<text>
The Secretary may conduct
evaluations of other federally funded employment-related programs and
activities under other provisions of law.
</text>
</paragraph>
<paragraph id="ID3529a0ed7ed34de59d3b73613b76eb91">
<enum>
(4)
</enum>
<header>
Techniques
</header>
<text>
Evaluations
conducted under this subsection shall utilize appropriate and rigorous methodology
and
research designs, including the use of control groups chosen by scientific
random assignment methodologies. The Secretary shall conduct at least 1
multisite control group evaluation under this subsection by the end of fiscal
year 2019, and thereafter shall ensure that such an analysis is included in the
independent evaluation described in paragraph (1)(B) that is conducted at
least once every 4 years.
</text>
</paragraph>
<paragraph id="IDf0ad898034b342ac86856ed14be0f1a3">
<enum>
(5)
</enum>
<header>
Reports
</header>
<text>
The
entity carrying out an evaluation described in paragraph (1) or (2) shall
prepare and submit to the Secretary a draft report and a final report
containing the results of the evaluation.
</text>
</paragraph>
<paragraph id="IDe3b68aa5184344cc96121087aeec923a">
<enum>
(6)
</enum>
<header>
Reports to
congress
</header>
<text>
Not later than 30 days after the completion of a draft
report under paragraph (5), the Secretary shall transmit the draft report to
the Committee on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor and Pensions of the Senate. Not
later than 60 days after the completion of a final report under such paragraph,
the Secretary shall transmit the final report to such committees.
</text>
</paragraph>
<paragraph id="idBD6CB3F7B60444C09BAE5FA5B66DC662">
<enum>
(7)
</enum>
<header>
Public availability
</header>
<text>
Not later than 30 days after the date the Secretary transmits the final report as described in
paragraph (6), the Secretary shall make that final report available to the
general public on the Internet, on the Web site of the Department of
Labor.
</text>
</paragraph>
<paragraph id="IDd6b60b7aa1da4e8684c6a83da929e80b">
<enum>
(8)
</enum>
<header>
Publication of
reports
</header>
<text>
If an entity that enters into a contract or other
arrangement with the Secretary to conduct an evaluation of a program or
activity under this subsection requests permission from the Secretary to
publish a report resulting from the evaluation, such entity may publish the
report unless the Secretary denies the request during the 90-day period
beginning on the date the Secretary receives such request.
</text>
</paragraph>
<paragraph id="IDb20bf79a7e6445938d87fcadbe726273">
<enum>
(9)
</enum>
<header>
Coordination
</header>
<text>
The
Secretary shall ensure the coordination of evaluations carried out by States
pursuant to section 116(e) with the evaluations carried out under this
subsection.
</text>
</paragraph>
</subsection>
<subsection id="idf71cfec226c74094bec5eeee24eacab0">
<enum>
(b)
</enum>
<header>
Research,
studies, and multistate projects
</header>
<paragraph id="id151586692eb04b86bfd3ee87c292353f">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
After consultation with States, localities, and other
interested parties, the Secretary shall, every 2 years, publish in the Federal
Register, a plan that describes the research, studies, and multistate project
priorities of the Department of Labor concerning employment and training for
the 5-year period following the submission of the plan. The plan shall be
consistent with the purposes of this title, including the purpose
of aligning and coordinating core programs with other one-stop partner
programs. Copies of the plan shall be transmitted to the Committee on Education
and the Workforce of the House of Representatives, the Committee on Health,
Education, Labor, and Pensions of the Senate, the Department of Education, and
other relevant Federal agencies.
</text>
</paragraph>
<paragraph id="id40fe332e5305489097b096b8f761a6ef">
<enum>
(2)
</enum>
<header>
Factors
</header>
<text>
The
plan published under paragraph (1) shall contain strategies to address national
employment and training problems and take into account factors such as—
</text>
<subparagraph id="id55371057b3d54d26ad1d81a0e06baca1">
<enum>
(A)
</enum>
<text>
the availability
of existing research (as of the date of the publication);
</text>
</subparagraph>
<subparagraph id="id23331ec55c044dcd94c6fb195013d3e7">
<enum>
(B)
</enum>
<text>
the need to
ensure results that have interstate validity;
</text>
</subparagraph>
<subparagraph id="id04cc6865957b4ac4ba0a0ee68df999af">
<enum>
(C)
</enum>
<text>
the benefits of
economies of scale and the efficiency of proposed projects; and
</text>
</subparagraph>
<subparagraph id="idf88b4ff02abf47f783f36daf4eeed65e">
<enum>
(D)
</enum>
<text>
the likelihood
that the results of the projects will be useful to policymakers and
stakeholders in addressing employment and training problems.
</text>
</subparagraph>
</paragraph>
<paragraph id="idd1d425a211864de297d32d721cb973a2">
<enum>
(3)
</enum>
<header>
Research
projects
</header>
<text>
The Secretary shall, through grants or contracts, carry
out research projects that will contribute to the solution of employment and
training problems in the United States and that are consistent with the
priorities specified in the plan published under paragraph (1).
</text>
</paragraph>
<paragraph id="idbe84ee4367574593b6215a91f2d7d6ab">
<enum>
(4)
</enum>
<header>
Studies and
reports
</header>
<subparagraph id="id890f17cb63ba46bdba5d6ef938099202">
<enum>
(A)
</enum>
<header>
Net impact
studies and reports
</header>
<text>
The Secretary of Labor, in coordination with the
Secretary of Education and other relevant Federal agencies, may conduct studies
to determine the net impact and best practices of programs, services, and
activities carried out under this Act.
</text>
</subparagraph>
<subparagraph id="idb1d29d1b710040ba98d226943345f91c">
<enum>
(B)
</enum>
<header>
Study on
resources available to assist disconnected youth
</header>
<text>
The Secretary of
Labor, in coordination with the Secretary of Education, may conduct a study
examining the
characteristics of eligible youth that result in such youth being significantly
disconnected from education and workforce participation, the
ways in which such youth could have greater opportunities for education
attainment and obtaining employment, and the
resources available to assist such
youth in obtaining the skills, credentials, and work experience necessary to become
economically self-sufficient.
</text>
</subparagraph>
<subparagraph id="id55cc8cd740eb4f8d8b40860ff049e61d">
<enum>
(C)
</enum>
<header>
Study of
effectiveness of workforce development system in meeting business
needs
</header>
<text>
Using funds available to carry out this subsection
jointly with funds available to the Secretary of Commerce, the Administrator of
the Small Business Administration, and the Secretary of Education, the
Secretary of Labor, in coordination with the Secretary of Commerce, the
Administrator of the Small Business Administration, and the Secretary of
Education, may conduct a study of the effectiveness of the workforce
development system in meeting the needs of business, such as through the use of
industry or sector partnerships, with particular attention
to the needs of small business, including in assisting workers to obtain the
skills needed to utilize emerging technologies.
</text>
</subparagraph>
<subparagraph id="id06e656319dd9473690a19edc791c0d65">
<enum>
(D)
</enum>
<header>
Study on
participants entering nontraditional occupations
</header>
<text>
The Secretary of
Labor, in coordination with the Secretary of Education, may conduct a study
examining the
number and percentage of individuals who receive employment and training
activities and who enter nontraditional occupations, successful
strategies to place and support
the retention of individuals in nontraditional employment (such as by providing
post-placement assistance to participants in the form of exit interviews,
mentoring, networking, and leadership development), and the
degree to which recipients of employment and training activities are informed
of the possibility of, or directed to begin, training or education needed for
entrance into nontraditional occupations.
</text>
</subparagraph>
<subparagraph id="id94bd7f59c001475fa1b1931b06c7fe3d">
<enum>
(E)
</enum>
<header>
Study on
performance indicators
</header>
<text>
The Secretary of Labor, in coordination with the
Secretary of Education, may conduct studies to determine the feasibility of,
and potential means to replicate, measuring the compensation, including the
wages, benefits, and other incentives provided by an employer, received by
program participants by using data other than or in addition to data available
through wage records, for potential use as a performance indicator.
</text>
</subparagraph>
<subparagraph id="id8761410364fb4ee380943c902afb5957">
<enum>
(F)
</enum>
<header>
Study on job
training for recipients of public housing assistance
</header>
<text>
The Secretary of Labor, in coordination with the
Secretary of Housing and Urban Development, may conduct studies to assist
public housing authorities to provide, to recipients of public housing
assistance, job training programs that successfully upgrade job skills and
employment in, and access to, jobs with opportunity for advancement and
economic self-sufficiency for such recipients.
</text>
</subparagraph>
<subparagraph id="id0d7179e8b11646ee9ba5db97b8c79dc2">
<enum>
(G)
</enum>
<header>
Study on
improving employment prospects for older individuals
</header>
<text>
The Secretary of Labor, in coordination with the
Secretary of Education and the Secretary of Health and Human Services, may
conduct studies that lead to better design and implementation of, in
conjunction with employers, local boards or State boards, community colleges or
area career and technical education schools, and other organizations, effective
evidence-based strategies to provide services to workers who are low-income,
low-skilled older individuals that increase the workers’ skills and employment
prospects.
</text>
</subparagraph>
<subparagraph id="id0c5ef214a47c4df68cc8d70b394f1553">
<enum>
(H)
</enum>
<header>
Study on prior
learning
</header>
<text>
The Secretary of Labor, in coordination with other
heads of Federal agencies, as appropriate, may conduct studies that, through
convening
stakeholders from the fields of education, workforce, business, labor, defense,
and veterans services, and experts in such fields, develop guidelines for
assessing, accounting for, and utilizing the prior learning of individuals,
including dislocated workers and veterans, in order to provide the individuals
with postsecondary educational credit for such prior learning that leads to the
attainment of a recognized postsecondary credential identified under section 122(d)
and employment.
</text>
</subparagraph>
<subparagraph id="id0140ac33c0684de1b81591c0bdf5cff0">
<enum>
(I)
</enum>
<header>
Study on career pathways for health care providers and providers of early education and child care
</header>
<text>
The Secretary of Labor, in coordination with the Secretary of Education and the Secretary of Health
and Human Services, shall conduct a multistate study to develop,
implement, and build upon career advancement models and practices for
low-wage health care providers or providers of early education and child
care, including faculty education and distance education programs.
</text>
</subparagraph>
<subparagraph id="id0a03ec80f9a64a8abf4b943c20b77086">
<enum>
(J)
</enum>
<header>
Study on equivalent pay
</header>
<text>
The Secretary shall conduct a multistate study to develop and disseminate strategies for ensuring
that programs and activities carried out under this Act are placing
individuals in jobs, education, and training that lead to equivalent pay
for men and women, including strategies to increase the participation of
women in high-wage, high-demand occupations in which women are
underrepresented.
</text>
</subparagraph>
<subparagraph id="id7972E5E7714943F1A9AA5A1E0D20BD90">
<enum>
(K)
</enum>
<header>
Reports
</header>
<text>
The Secretary shall prepare and disseminate to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the Workforce of
the House of Representatives, and to the public, including through
electronic means, reports containing the results of the studies conducted
under this paragraph.
</text>
</subparagraph>
</paragraph>
<paragraph id="id33c90c59e6f54dc5979e21435a552f42">
<enum>
(5)
</enum>
<header>
Multistate
projects
</header>
<subparagraph id="idc88f99d9046c44908bed10d0ae2eff3d">
<enum>
(A)
</enum>
<header>
Authority
</header>
<text>
The
Secretary may, through grants or contracts, carry out multistate projects that
require demonstrated expertise that is available at the national level to
effectively disseminate best practices and models for implementing employment
and training services, address the specialized employment and training needs of
particular service populations, or address industry-wide skill shortages, to
the extent such projects are consistent with the priorities specified in the
plan published under paragraph (1).
</text>
</subparagraph>
<subparagraph id="idcbaf065985a144bfaeb60884418a71fb">
<enum>
(B)
</enum>
<header>
Design of
grants
</header>
<text>
Agreements for grants or contracts awarded under this paragraph shall be
designed to obtain information relating to the provision of services under
different economic conditions or to various demographic groups in order to
provide guidance at the national and State levels about how best to administer
specific employment and training services.
</text>
</subparagraph>
</paragraph>
<paragraph id="id5284f0064ff744b69e1c2e82490f0412">
<enum>
(6)
</enum>
<header>
Limitations
</header>
<subparagraph id="id8f912268f659459ca045b32dc9b3b908">
<enum>
(A)
</enum>
<header>
Competitive
awards
</header>
<text>
A grant or contract awarded for carrying out a project
under this subsection in an amount that exceeds $100,000 shall be awarded only
on a competitive basis, except that a noncompetitive award may be made in the
case of a project that is funded jointly with other public or private sector
entities that provide a substantial portion of assistance under the grant or
contract for the project.
</text>
</subparagraph>
<subparagraph id="id9a1bd2791a884561a92f5fc5be303d1a">
<enum>
(B)
</enum>
<header>
Time
limits
</header>
<text>
A grant or contract shall not be awarded under this
subsection to the same organization for more than 3 consecutive years unless
such grant or contract is competitively reevaluated within such period.
</text>
</subparagraph>
<subparagraph id="ide599a59f271e4f14b28da39b86d3c748">
<enum>
(C)
</enum>
<header>
Peer
review
</header>
<clause id="id016cfe2fd1c84368b5ad28fcc314533b">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall utilize a peer review process—
</text>
<subclause id="id7641218bbd0c43c28caced734756fc60">
<enum>
(I)
</enum>
<text>
to
review and evaluate all applications for grants in amounts that exceed $500,000
that are submitted under this section; and
</text>
</subclause>
<subclause id="id171d63e352664d4b93aa4a710c110f9b">
<enum>
(II)
</enum>
<text>
to
review and designate exemplary and promising programs under this
section.
</text>
</subclause>
</clause>
<clause id="idd2a6512bc3c74d2186ec578c19201eda">
<enum>
(ii)
</enum>
<header>
Availability
of funds
</header>
<text>
The Secretary is authorized to use funds provided under
this section to carry out peer review activities under this
subparagraph.
</text>
</clause>
</subparagraph>
<subparagraph id="ida6c55bf8c2c5446a94355779aa76fe5b">
<enum>
(D)
</enum>
<header>
Priority
</header>
<text>
In
awarding grants or contracts under this subsection, priority shall be provided
to entities with recognized expertise in the methods, techniques, and knowledge
of workforce investment activities. The Secretary shall establish appropriate time
limits for the duration of such projects.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="id9009cf44a3794235a5be1e0deea22354">
<enum>
(c)
</enum>
<header>
Dislocated
worker projects
</header>
<text>
Of the amount made available pursuant to section 132(a)(2)(A) for any program year, the Secretary
shall use not more than 10
percent of such amount to carry out demonstration and pilot projects,
multiservice projects, and multistate projects relating to the employment and
training needs of dislocated workers. Of the requirements of this section, such
projects shall be subject only to the provisions relating to review and
evaluation of applications under subsection (b)(6)(C). Such projects may
include demonstration and pilot projects relating to promoting self-employment,
promoting job creation, averting dislocations, assisting dislocated farmers,
assisting dislocated fishermen, and promoting public works. Such projects shall
be administered by the Secretary, acting through the Assistant Secretary for
Employment and Training.
</text>
</subsection>
</section>
<section id="idCEF15D81F0D341AAB8EE5B8751ECDB56">
<enum>
170.
</enum>
<header>
National
dislocated worker grants
</header>
<subsection id="idE0EE3A73C7094DFD992E454CE3D1599F">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text>
In
this section:
</text>
<paragraph id="id39972FBB024544E09CAFA4689C270DD5">
<enum>
(1)
</enum>
<header>
Emergency or
disaster
</header>
<text>
The term
<term>
emergency or disaster
</term>
means—
</text>
<subparagraph id="id93B813ECDD7F4803934299CF78C74646">
<enum>
(A)
</enum>
<text>
an emergency or a
major disaster, as defined in paragraphs (1) and (2), respectively, of section
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122 (1) and (2)); or
</text>
</subparagraph>
<subparagraph id="idC43EA974DA4349A987EB642554C9B893">
<enum>
(B)
</enum>
<text>
an emergency or
disaster situation of national significance that could result in a potentially
large loss of employment, as declared or otherwise recognized by the chief
official of a Federal agency with authority for or jurisdiction over the
Federal response to the emergency or disaster situation.
</text>
</subparagraph>
</paragraph>
<paragraph id="idDDF13D489F9F44799C69C76E2B49D87D">
<enum>
(2)
</enum>
<header>
Disaster
area
</header>
<text>
The term
<term>
disaster area
</term>
means an area that has suffered or in which has occurred an emergency or
disaster.
</text>
</paragraph>
</subsection>
<subsection id="IDf2b17234650944aa9b0862d1c0e8c3d4">
<enum>
(b)
</enum>
<header>
In
general
</header>
<paragraph id="idECE1B62D44B14DC08B74056F6EF14E00">
<enum>
(1)
</enum>
<header>
Grants
</header>
<text>
The
Secretary is authorized to award national dislocated worker grants—
</text>
<subparagraph id="IDe79832f3fc6e4f55b6ed81192f1f2bb7">
<enum>
(A)
</enum>
<text>
to an entity
described in subsection (c)(1)(B) to provide employment and training assistance
to workers affected by major economic dislocations, such as plant closures,
mass layoffs, or closures and realignments of military installations;
</text>
</subparagraph>
<subparagraph id="ID2341539eb227479fa4765888b5cbb68b">
<enum>
(B)
</enum>
<text>
to provide
assistance to—
</text>
<clause id="id93AB44CC23C94607A4E61D3F02244222">
<enum>
(i)
</enum>
<text>
the
Governor of any State within the boundaries of which is a disaster area, to
provide disaster relief employment in the disaster area; or
</text>
</clause>
<clause id="ID70b8277ad12d4920a96aead5040d854f">
<enum>
(ii)
</enum>
<text>
the
Governor of any State to which a substantial number of workers from an area in
which an emergency or disaster has been declared or otherwise recognized have
relocated;
</text>
</clause>
</subparagraph>
<subparagraph id="ID25036c52e0bc48c68815066550e07da8">
<enum>
(C)
</enum>
<text>
to provide
additional assistance to a State board or local board for eligible dislocated
workers in a case in which the State board or local board has expended the
funds provided under this section to carry out activities described in
subparagraphs (A) and (B) and can demonstrate the need for additional funds to
provide appropriate services for such workers, in accordance with requirements
prescribed by the Secretary; and
</text>
</subparagraph>
<subparagraph id="ID5ca9a70a7d2e49f599151016738e777b">
<enum>
(D)
</enum>
<text>
to provide
additional assistance to a State board or local board serving an area
where—
</text>
<clause id="idADCE817C4DCA4DAB9CFD0219D6B8FF09">
<enum>
(i)
</enum>
<text>
a
higher-than-average demand for employment and training activities for
dislocated members of the Armed Forces, spouses described in section
3(15)(E), or members of the Armed Forces described in subsection
(c)(2)(A)(iv), exceeds State and local resources for providing such activities;
and
</text>
</clause>
<clause id="idEBFEA6107B8045DE84F17A3B03F74F39">
<enum>
(ii)
</enum>
<text>
such
activities are to be carried out in partnership with the Department of Defense
and Department of Veterans Affairs transition assistance programs.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="IDe54f5968cd4e4583b266d56a596fa8dd">
<enum>
(2)
</enum>
<header>
Decisions and
obligations
</header>
<text>
The Secretary shall issue a final decision on an
application for a national dislocated worker grant under this subsection not
later than 45 calendar days after receipt of the application. The Secretary
shall issue a notice of obligation for such grant not later than 10 days after
the award of such grant.
</text>
</paragraph>
</subsection>
<subsection id="ID36807b7e972c49db95ac87845498fe5a">
<enum>
(c)
</enum>
<header>
Employment and
training assistance requirements
</header>
<paragraph id="IDff7a18d4d88f45e0808e23af915766ab">
<enum>
(1)
</enum>
<header>
Grant recipient
eligibility
</header>
<subparagraph id="ID71c1cd91e26c479f8f40c32991210ffa">
<enum>
(A)
</enum>
<header>
Application
</header>
<text>
To
be eligible to receive a grant under subsection (b)(1)(A), an entity shall
submit an application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
</text>
</subparagraph>
<subparagraph id="IDcdb17c9d2969406e93c7174390d34fc8">
<enum>
(B)
</enum>
<header>
Eligible
entity
</header>
<text>
In this paragraph, the term
<term>
entity
</term>
means a
State, a local board, an entity described in section 166(c), an entity
determined to be eligible by the Governor of the State involved, and any other
entity that demonstrates to the Secretary the capability to effectively respond
to the circumstances relating to particular dislocations.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID456535aaae294c639baf8d1155035a3e">
<enum>
(2)
</enum>
<header>
Participant
eligibility
</header>
<subparagraph id="ID8d336eeedda94f4393760e88b5628233">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
In order to be eligible to receive employment and
training assistance under a national dislocated worker grant awarded pursuant
to subsection (b)(1)(A), an individual shall be—
</text>
<clause id="IDe24f1f3b6e0d4a45b71ed40567c01f89">
<enum>
(i)
</enum>
<text>
a
dislocated worker;
</text>
</clause>
<clause id="ID31135d016b1646ffb9dfaf080df56ac5">
<enum>
(ii)
</enum>
<text>
a
civilian employee of the Department of Defense or the Department of Energy
employed at a military installation that is being closed, or that will undergo
realignment, within the next 24 months after the date of the determination of
eligibility;
</text>
</clause>
<clause id="IDd3265a5648c64cf8b28ee2ef435a8e30">
<enum>
(iii)
</enum>
<text>
an
individual who is employed in a nonmanagerial position with a Department of
Defense contractor, who is determined by the Secretary of Defense to be at risk
of termination from employment as a result of reductions in defense
expenditures, and whose employer is converting operations from defense to
nondefense applications in order to prevent worker layoffs; or
</text>
</clause>
<clause id="ID0394dd664ec34efe88a0ab77d9978e6e">
<enum>
(iv)
</enum>
<text>
a
member of the Armed Forces who—
</text>
<subclause id="ID2abe9b054a404573839e2f0585b3a637">
<enum>
(I)
</enum>
<text>
was
on active duty or full-time National Guard duty;
</text>
</subclause>
<subclause id="IDeaa33b3e88dc4e019d66fdbb56228a02">
<enum>
(II)
</enum>
<item commented="no" display-inline="yes-display-inline" id="idD4594DC79EF74AA7870B90DD8496BFFC">
<enum>
(aa)
</enum>
<text>
is involuntarily
separated (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/10/1141">
section 1141
</external-xref>
of title 10, United States Code) from
active duty or full-time National Guard duty; or
</text>
</item>
<item changed="added" id="idF507945A116640A689BBD866F0284E41" indent="up1" reported-display-style="italic">
<enum>
(bb)
</enum>
<text>
is separated from active duty or
full-time National Guard duty pursuant to a special separation benefits program
under
<external-xref legal-doc="usc" parsable-cite="usc/10/1174a">
section 1174a
</external-xref>
of title 10, United States Code, or the voluntary
separation incentive program under section 1175 of that title;
</text>
</item>
</subclause>
<subclause id="IDcbd5e74d12e64e02b29bccea86b0ffe2">
<enum>
(III)
</enum>
<text>
is
not entitled to retired or retained pay incident to the separation described in
subclause (II); and
</text>
</subclause>
<subclause id="ID6b1188eb45fa4222b911357e3f886648">
<enum>
(IV)
</enum>
<text>
applies for such
employment and training assistance before the end of the 180-day period
beginning on the date of that separation.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="ID59ec4aff25ca4bc79fcaddd237c03eb3">
<enum>
(B)
</enum>
<header>
Retraining
assistance
</header>
<text>
The individuals described in subparagraph (A)(iii)
shall be eligible for retraining assistance to upgrade skills by obtaining
marketable skills needed to support the conversion described in subparagraph
(A)(iii).
</text>
</subparagraph>
<subparagraph id="IDa4cca8b0c6014749843cf71e6041cd3d">
<enum>
(C)
</enum>
<header>
Additional
requirements
</header>
<text>
The Secretary shall establish and publish additional
requirements related to eligibility for employment and training assistance
under the national dislocated worker grants to ensure effective use of the
funds available for this purpose.
</text>
</subparagraph>
<subparagraph id="ID10a7749c5167459893ba23b09416b9fe">
<enum>
(D)
</enum>
<header>
Definitions
</header>
<text>
In
this paragraph, the terms
<term>
military installation
</term>
and
<term>
realignment
</term>
have the meanings given the terms in section 2910 of
the Defense Base Closure and Realignment Act of 1990 (
<external-xref legal-doc="public-law" parsable-cite="pl/101/510">
Public Law 101–510
</external-xref>
; 10
U.S.C. 2687 note).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="ID1e49b9f6ceb94121bd849a76773c8699">
<enum>
(d)
</enum>
<header>
Disaster relief
employment assistance requirements
</header>
<paragraph id="ID5a90f12eccd84c3c926108b0274e44b4">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Funds made available under subsection (b)(1)(B)—
</text>
<subparagraph id="ID4e86a1fa7c5149c498c206e91b8c2ea6">
<enum>
(A)
</enum>
<text>
shall be used, in
coordination with the Administrator of the Federal Emergency Management Agency,
as applicable, to provide disaster relief employment on projects that provide
food, clothing, shelter, and other humanitarian assistance for emergency and
disaster
victims, and projects regarding demolition, cleaning, repair, renovation, and
reconstruction of damaged and destroyed structures, facilities, and lands
located within the disaster area and in offshore areas related to the emergency
or disaster;
</text>
</subparagraph>
<subparagraph id="ID80de09ae4f3b46009f34a9eb10eeb67f">
<enum>
(B)
</enum>
<text>
may be expended
through public and private agencies and organizations engaged in such projects;
and
</text>
</subparagraph>
<subparagraph id="ID642eda4215894d82a9f9a47d43a50994">
<enum>
(C)
</enum>
<text>
may be expended
to provide employment and training activities.
</text>
</subparagraph>
</paragraph>
<paragraph id="IDd1ff5e6715f64a9a8d80ad618eedb30b">
<enum>
(2)
</enum>
<header>
Eligibility
</header>
<text>
An
individual shall be eligible to be offered disaster relief employment under
subsection (b)(1)(B) if such individual—
</text>
<subparagraph id="idD9EA96E61CFB450B816879477354F719">
<enum>
(A)
</enum>
<text>
is a dislocated
worker;
</text>
</subparagraph>
<subparagraph id="id7E5FDDEB3DC7484D9D85E7B415B2937A">
<enum>
(B)
</enum>
<text>
is a long-term
unemployed individual;
</text>
</subparagraph>
<subparagraph id="id3AAE5FAE311E4143AAB58DFFD366E6B1">
<enum>
(C)
</enum>
<text>
is temporarily or
permanently laid off as a consequence of the emergency or disaster; or
</text>
</subparagraph>
<subparagraph id="idFA4B20B8B62B4A63A0DD82327B925AB0">
<enum>
(D)
</enum>
<text>
in the case of an
individual who is self-employed, becomes unemployed or significantly
underemployed as a result of the emergency or disaster.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID48a161d97dd54889b0e81fdfe079a215">
<enum>
(3)
</enum>
<header>
Limitations on
disaster relief employment
</header>
<subparagraph id="idB62EA8A668CC4078AE8CA4B74C66B708">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Except as provided in subparagraph (B), no individual
shall be employed under subsection (b)(1)(B) for more than 12 months for work
related to recovery from a single emergency or disaster.
</text>
</subparagraph>
<subparagraph id="id33933706C3A4495CAFBF5CC481C11002">
<enum>
(B)
</enum>
<header>
Extension
</header>
<text>
At
the request of a State, the Secretary may extend such employment, related to
recovery from a single emergency or disaster involving the State, for not more
than an additional 12 months.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="id709D2BA59A164AB5A6DE72DC6AAD619D">
<enum>
(4)
</enum>
<header display-inline="yes-display-inline">
Use of available funds
</header>
<text display-inline="yes-display-inline">
Funds made available under subsection
(b)(1)(B) shall be available to assist workers described in paragraph (2) who
are affected by an emergency or disaster, including workers who have relocated
from an area in which an emergency or disaster has been declared or otherwise
recognized, as appropriate. Under conditions determined by the Secretary and
following notification to the Secretary, a State may use such funds, that are
appropriated for any fiscal year and available for expenditure under any grant
awarded to the State under this section, to provide any assistance authorized
under this subsection. Funds used pursuant to the authority provided under this
paragraph shall be subject to the liability and reimbursement requirements
described in paragraph (5).
</text>
</paragraph>
<paragraph id="idC6018C55317746F0AC000CCCD0EC5703">
<enum>
(5)
</enum>
<header>
Liability and
reimbursement
</header>
<text>
Nothing in this Act shall be construed to relieve
liability, by a responsible party that is liable under Federal law, for any
costs incurred by the United States under subsection (b)(1)(B) or this
subsection, including the responsibility to provide reimbursement for such
costs to the United States.
</text>
</paragraph>
</subsection>
</section>
<section id="id298CC9AE9F3B4193B327A95845F0212D">
<enum>
171.
</enum>
<header>
YouthBuild
program
</header>
<subsection id="ID6ec7c79c045d47eead7a6fda04c79928">
<enum>
(a)
</enum>
<header>
Statement of
purpose
</header>
<text>
The purposes of this section are—
</text>
<paragraph id="IDccda7fd266cb49f49c29fac9d3bb1da3">
<enum>
(1)
</enum>
<text>
to
enable disadvantaged youth to obtain the education and employment skills
necessary to achieve economic self-sufficiency in occupations in demand and
postsecondary education and training opportunities;
</text>
</paragraph>
<paragraph id="ID607a9d94df4a4d3dabe5d16f93b4e230">
<enum>
(2)
</enum>
<text>
to
provide disadvantaged youth with opportunities for meaningful work and service
to their communities;
</text>
</paragraph>
<paragraph id="ID1c6f6ad1a0524ec5ba554cab851bea94">
<enum>
(3)
</enum>
<text>
to
foster the development of employment and leadership skills and commitment to
community development among youth in low-income communities;
</text>
</paragraph>
<paragraph id="IDeece262708994124be84b989cbdc0ef2">
<enum>
(4)
</enum>
<text>
to
expand the supply of permanent affordable housing for homeless individuals and
low-income families by utilizing the energies and talents of disadvantaged
youth; and
</text>
</paragraph>
<paragraph id="ID1eb3e0af038044e5958c90a102cbad30">
<enum>
(5)
</enum>
<text>
to
improve the quality and energy efficiency of community and other nonprofit and
public facilities, including those facilities that are used to serve homeless
and low-income families.
</text>
</paragraph>
</subsection>
<subsection id="ID1294669eaef34c11b9a91f4656ebf1a8">
<enum>
(b)
</enum>
<header>
Definitions
</header>
<text>
In
this section:
</text>
<paragraph id="IDc218472cd3744fc1a79ebeb9c8c491bf">
<enum>
(1)
</enum>
<header>
Adjusted
income
</header>
<text>
The term
<term>
adjusted income
</term>
has the meaning
given the term in section 3(b) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)).
</text>
</paragraph>
<paragraph id="IDa4f157013e0b46fd92f42d5b29a7ee9b">
<enum>
(2)
</enum>
<header>
Applicant
</header>
<text>
The
term
<term>
applicant
</term>
means an eligible entity that has submitted an
application under subsection (c).
</text>
</paragraph>
<paragraph id="ID63d5ac2d4fc7414d861a56b7d11e96a3">
<enum>
(3)
</enum>
<header>
Eligible
entity
</header>
<text>
The term
<term>
eligible entity
</term>
means a public or
private nonprofit agency or organization (including a consortium of such
agencies or organizations), including—
</text>
<subparagraph id="ID92793bd0768741f095c514cdbf6cf012">
<enum>
(A)
</enum>
<text>
a
community-based organization;
</text>
</subparagraph>
<subparagraph id="IDa39011d888f746bb8df456bdebc2e110">
<enum>
(B)
</enum>
<text>
a
faith-based organization;
</text>
</subparagraph>
<subparagraph id="ID858446a95900478c8adaddfea73f76de">
<enum>
(C)
</enum>
<text>
an entity
carrying out activities under this title, such as a local board;
</text>
</subparagraph>
<subparagraph id="IDf36907cba57d4d34a97261899ba2d7e7">
<enum>
(D)
</enum>
<text>
a
community action agency;
</text>
</subparagraph>
<subparagraph id="ID9550d634930e405e9c3ab19132c6b66e">
<enum>
(E)
</enum>
<text>
a
State or local housing development agency;
</text>
</subparagraph>
<subparagraph id="ID6290cc97876240208697544b78f01455">
<enum>
(F)
</enum>
<text>
an Indian tribe
or other agency primarily serving Indians;
</text>
</subparagraph>
<subparagraph id="IDeceae9a912364b6abecb850e31f956a3">
<enum>
(G)
</enum>
<text>
a
community development corporation;
</text>
</subparagraph>
<subparagraph id="IDe6c2c7ddfc2c4bf6a85331a1a4323745">
<enum>
(H)
</enum>
<text>
a
State or local youth service or conservation corps; and
</text>
</subparagraph>
<subparagraph id="ID837b698b9c16457b8e6cfd744c73fc67">
<enum>
(I)
</enum>
<text>
any other entity
eligible to provide education or employment training under a Federal program
(other than the program carried out under this section).
</text>
</subparagraph>
</paragraph>
<paragraph id="ID6c1eefaef7a7414f802242d4d403556b">
<enum>
(4)
</enum>
<header>
Homeless
individual
</header>
<text>
The term
<term>
homeless individual
</term>
means a
homeless individual (as defined in section 41403(6) of the Violence Against
Women Act of 1994 (
<external-xref legal-doc="usc" parsable-cite="usc/42/14043e-2">
42 U.S.C. 14043e–2(6)
</external-xref>
)) or a homeless child
or youth (as defined in section 725(2) of the McKinney-Vento Homeless
Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/11434a">
42 U.S.C. 11434a(2)
</external-xref>
)).
</text>
</paragraph>
<paragraph id="IDeafe54d6253d46fdb284236186d6864b">
<enum>
(5)
</enum>
<header>
Housing
development agency
</header>
<text>
The term
<term>
housing development
agency
</term>
means any agency of a State or local government, or any private
nonprofit organization, that is engaged in providing housing for homeless
individuals or low-income families.
</text>
</paragraph>
<paragraph id="ID3a49f1124df0477d99c52fda92672205">
<enum>
(6)
</enum>
<header>
Income
</header>
<text>
The
term
<term>
income
</term>
has the meaning given the term in section 3(b) of the
United States Housing Act of 1937 (
<external-xref legal-doc="usc" parsable-cite="usc/42/1437a">
42 U.S.C. 1437a(b)
</external-xref>
).
</text>
</paragraph>
<paragraph id="ID7cdc51881d9c49abb6b9ba652fc2623b">
<enum>
(7)
</enum>
<header>
Indian; indian
tribe
</header>
<text>
The terms
<term>
Indian
</term>
and
<term>
Indian tribe
</term>
have the meanings given such terms in section 4 of the Indian
Self-Determination and Education Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/25/450b">
25 U.S.C. 450b
</external-xref>
).
</text>
</paragraph>
<paragraph id="ID57c3a61ecf4a425c9a94914e08b0586a">
<enum>
(8)
</enum>
<header>
Low-income
family
</header>
<text>
The term
<term>
low-income family
</term>
means a family
described in section 3(b)(2) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(2)).
</text>
</paragraph>
<paragraph id="ID8601dff6a6714522beacf9c0bf70896a">
<enum>
(9)
</enum>
<header>
Qualified
national nonprofit agency
</header>
<text>
The term
<term>
qualified national
nonprofit agency
</term>
means a nonprofit agency that—
</text>
<subparagraph id="IDfda4e85fb6f74c5ba5df3fd7d6f62d12">
<enum>
(A)
</enum>
<text>
has significant
national experience providing services consisting of training, information,
technical assistance, and data management to YouthBuild programs or similar
projects; and
</text>
</subparagraph>
<subparagraph id="IDf9eb3c055abd493997e26c24e791c6ff">
<enum>
(B)
</enum>
<text>
has the capacity
to provide those services.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID9a75539a2ea448a5a644d40823560aa4">
<enum>
(10)
</enum>
<header>
Registered
apprenticeship program
</header>
<text>
The term
<term>
registered apprenticeship
program
</term>
means an apprenticeship program—
</text>
<subparagraph id="IDe7ec81eefd2c4e409b4eef30a3f0ef5e">
<enum>
(A)
</enum>
<text>
registered under
the Act of August 16, 1937 (commonly known as the
<quote>
National
Apprenticeship Act
</quote>
; 50 Stat. 664, chapter 663;
<external-xref legal-doc="usc" parsable-cite="usc/29/50">
29 U.S.C. 50 et seq.
</external-xref>
);
and
</text>
</subparagraph>
<subparagraph id="ID306786b10c194082b22bf931e4778360">
<enum>
(B)
</enum>
<text>
that meets such
other criteria as may be established by the Secretary under this
section.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID4a5864d11d0441548f35c7d3d181fddf">
<enum>
(11)
</enum>
<header>
Transitional
housing
</header>
<text>
The term
<term>
transitional housing
</term>
has the
meaning given the term in section 401(29) of the McKinney-Vento Homeless
Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/11360">
42 U.S.C. 11360(29)
</external-xref>
).
</text>
</paragraph>
<paragraph id="ID24ca46f098d2433c876fe2786db93104">
<enum>
(12)
</enum>
<header>
YouthBuild
program
</header>
<text>
The term
<term>
YouthBuild program
</term>
means any
program that receives assistance under this section and provides disadvantaged
youth with opportunities for employment, education, leadership development, and
training through the rehabilitation (which, for purposes of this section, shall
include energy efficiency enhancements) or
construction of housing for homeless individuals and low-income families,
and of
public facilities.
</text>
</paragraph>
</subsection>
<subsection id="ID00f4df1d5e86416e959270fd7c18519a">
<enum>
(c)
</enum>
<header>
YouthBuild
grants
</header>
<paragraph id="ID7ff1bb216a3e423fbf7c2786187e0932">
<enum>
(1)
</enum>
<header>
Amounts of
grants
</header>
<text>
The Secretary is authorized to make grants to applicants
for the purpose of carrying out YouthBuild programs approved under this
section.
</text>
</paragraph>
<paragraph id="ID3973f0f5f3b94bd8b75cad30bfe89de8">
<enum>
(2)
</enum>
<header>
Eligible
activities
</header>
<text>
An entity that receives a grant under this subsection
shall use the funds made available through the grant to carry out a YouthBuild
program, which may include the following activities:
</text>
<subparagraph id="IDac505e38835b44deaf49531ba2ab7239">
<enum>
(A)
</enum>
<text>
Education and
workforce investment activities including—
</text>
<clause id="ID2251f6d7de434de5999eb9c6fe26f1c7">
<enum>
(i)
</enum>
<text>
work
experience and skills training (coordinated, to the maximum extent feasible,
with preapprenticeship and registered apprenticeship programs) in the
activities
described in subparagraphs (B) and (C) related to rehabilitation or construction,
and, if approved by the Secretary, in additional in-demand industry
sectors or
occupations in the region in which the program operates;
</text>
</clause>
<clause id="IDe51b32d52be246b987f4a347abec591d">
<enum>
(ii)
</enum>
<text>
occupational
skills training;
</text>
</clause>
<clause id="IDbe7403b369e2404f85b6080eac07fe80">
<enum>
(iii)
</enum>
<text>
other
paid and unpaid work experiences, including internships and job
shadowing;
</text>
</clause>
<clause id="ID9de4df1d1653425798a545879447b825">
<enum>
(iv)
</enum>
<text>
services and
activities designed to meet the educational needs of participants,
including—
</text>
<subclause id="ID693140ca5f3247f2825b101abd9553af">
<enum>
(I)
</enum>
<text>
basic skills
instruction and remedial education;
</text>
</subclause>
<subclause id="IDa0f9d28e6565406890ca8f2bd21ea7a7">
<enum>
(II)
</enum>
<text>
language
instruction educational programs for participants who are English language
learners;
</text>
</subclause>
<subclause id="IDf089d7f98c38452893323d6ad456cf3d">
<enum>
(III)
</enum>
<text>
secondary
education services and activities, including tutoring, study skills training,
and school dropout prevention and recovery activities, designed to lead to the
attainment of a
secondary school diploma or its recognized equivalent (including recognized
certificates of attendance or similar documents for individuals with
disabilities);
</text>
</subclause>
<subclause id="IDaa6611cc322f4ee7abe2a86bfaa04a82">
<enum>
(IV)
</enum>
<text>
counseling and
assistance in obtaining postsecondary education and required financial aid;
and
</text>
</subclause>
<subclause id="IDc49b098f514442f98b5270529e64e4f7">
<enum>
(V)
</enum>
<text>
alternative
secondary school services;
</text>
</subclause>
</clause>
<clause id="ID03e5e04c280a418e9de61af8c1088b52">
<enum>
(v)
</enum>
<text>
counseling
services and related activities, such as comprehensive guidance and counseling
on drug and alcohol abuse and referral;
</text>
</clause>
<clause id="ID865c550a35204d128b057fee87c3e0ca">
<enum>
(vi)
</enum>
<text>
activities
designed to develop employment and leadership skills, which may include
community service and peer-centered activities encouraging responsibility and
other positive social behaviors, and activities related to youth policy
committees that participate in decision-making related to the program;
</text>
</clause>
<clause id="ID55626208a49845b48308ab56de79d4b1">
<enum>
(vii)
</enum>
<text>
supportive
services and provision of need-based stipends necessary to enable individuals
to participate in the program and to assist individuals, for a period not to
exceed 12 months after the completion of training, in obtaining or retaining
employment, or applying for and transitioning to postsecondary education or
training; and
</text>
</clause>
<clause id="IDe06e03742a9b43718ca921a14825aeeb">
<enum>
(viii)
</enum>
<text>
job
search and assistance.
</text>
</clause>
</subparagraph>
<subparagraph id="IDd2d42357b2ae4b699fa01b39db28f5a6">
<enum>
(B)
</enum>
<text>
Supervision and
training for participants in the rehabilitation or construction of housing,
including residential housing for homeless
individuals or low-income families, or transitional housing for homeless
individuals, and, if approved by the Secretary, in additional in-demand
industry
sectors or
occupations in the region in which the program operates.
</text>
</subparagraph>
<subparagraph id="ID856689c804d84009956e1c711aa8f9bf">
<enum>
(C)
</enum>
<text>
Supervision and
training for participants—
</text>
<clause id="id9E6DD62D67D04DA98E3CD676A28FAC23">
<enum>
(i)
</enum>
<text>
in the rehabilitation or construction of community and
other public facilities, except that
not more than 15 percent of funds appropriated to carry out this section may be
used for such supervision and training; and
</text>
</clause>
<clause id="id81AA33574A0C4457ADDD7B1D2B76862F">
<enum>
(ii)
</enum>
<text>
if approved by the Secretary,
in additional in-demand industry sectors or occupations in the region in
which the
program operates.
</text>
</clause>
</subparagraph>
<subparagraph id="ID0d710844d6624648b864815c414a7a3c">
<enum>
(D)
</enum>
<text>
Payment of
administrative costs of the applicant, including recruitment and selection of
participants, except that not more than 10 percent of the amount of assistance
provided under this subsection to the grant recipient may be used for such
costs.
</text>
</subparagraph>
<subparagraph id="ID2fc484a20fb84dc09f496f843d2f4026">
<enum>
(E)
</enum>
<text>
Adult
mentoring.
</text>
</subparagraph>
<subparagraph id="IDc29d11c0e49744248701dc9733616cda">
<enum>
(F)
</enum>
<text>
Provision of
wages, stipends, or benefits to participants in the program.
</text>
</subparagraph>
<subparagraph id="ID4458492653e54872be17c958bc0952e4">
<enum>
(G)
</enum>
<text>
Ongoing training
and technical assistance that are related to developing and carrying out the
program.
</text>
</subparagraph>
<subparagraph id="IDe58955f276c34be18de133f4d6a7291e">
<enum>
(H)
</enum>
<text>
Follow-up
services.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID6fd3e8ca3acf4d9ca5b83f07c66333bb">
<enum>
(3)
</enum>
<header>
Application
</header>
<subparagraph id="IDcf0ab3fbd3e6493b9e9fa199c84e1726">
<enum>
(A)
</enum>
<header>
Form and
procedure
</header>
<text>
To be qualified to receive a grant under this
subsection, an eligible entity shall submit an application at such time, in
such manner, and containing such information as the Secretary may
require.
</text>
</subparagraph>
<subparagraph id="IDecda3291667849ff856a3b213c805f07">
<enum>
(B)
</enum>
<header>
Minimum
requirements
</header>
<text>
The Secretary shall require that the application
contain, at a minimum—
</text>
<clause id="IDe81ac85179274054a333de8a4fd8f898">
<enum>
(i)
</enum>
<text>
labor
market information for the labor market area where the proposed program will be
implemented, including both current data (as of the date of submission of the
application) and projections on career opportunities in construction and
in-demand industry sectors or occupations;
</text>
</clause>
<clause id="IDe7b251c55b784d4fbaca2deddf3b366d">
<enum>
(ii)
</enum>
<text>
a
request for the grant, specifying the amount of the grant requested and its
proposed uses;
</text>
</clause>
<clause id="ID182069967c8d43c88b66428600125679">
<enum>
(iii)
</enum>
<text>
a
description of the applicant and a statement of its qualifications, including a
description of the applicant’s relationship with local boards, one-stop
operators, local unions, entities carrying out registered apprenticeship
programs, other community groups, and employers, and the applicant’s past
experience, if any, with rehabilitation or construction of housing or public
facilities, and with youth education and
employment training programs;
</text>
</clause>
<clause id="ID5383e28b64e4409cb3d81182fdd1daa3">
<enum>
(iv)
</enum>
<text>
a
description of the proposed site for the proposed program;
</text>
</clause>
<clause id="IDd55e67b272974e949948ed1117b6aaf9">
<enum>
(v)
</enum>
<text>
a
description of the educational and job training activities, work opportunities,
postsecondary education and training opportunities, and other services that
will be provided to participants, and how those activities, opportunities, and
services will prepare youth for employment in in-demand industry sectors or
occupations in the
labor market area described in clause (i);
</text>
</clause>
<clause id="ID2db23e7866ad46148d04afd6312a3e61">
<enum>
(vi)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="idF4CF84E24333424DB2A9DC3FFF36AAEE">
<enum>
(I)
</enum>
<text>
a
description of the proposed activities to be undertaken under the grant related to
rehabilitation or construction, and, in the case of an applicant
requesting approval from the Secretary to also carry out additional
activities related to in-demand industry sectors or occupations, a
description of such additional proposed activities; and
</text>
</subclause>
<subclause changed="added" id="idA15EEB8FF52A494C92689D7868C55987" indent="up1" reported-display-style="italic">
<enum>
(II)
</enum>
<text>
the anticipated
schedule for carrying out all activities proposed under subclause (I);
</text>
</subclause>
</clause>
<clause id="ID32bf10d31e364bc08afbc2f76d98fff1">
<enum>
(vii)
</enum>
<text>
a
description of the manner in which eligible youth will be recruited and
selected as participants, including a description of arrangements that will be
made with local boards, one-stop operators, faith- and community-based
organizations, State educational agencies or local educational agencies
(including agencies of Indian tribes), public assistance agencies, the courts
of jurisdiction, agencies operating shelters for homeless individuals and other
agencies that serve youth who are homeless individuals, foster care agencies,
and other appropriate public and private agencies;
</text>
</clause>
<clause id="ID4494b178f5b744ef87d8dcb5f2390fc5">
<enum>
(viii)
</enum>
<text>
a
description of the special outreach efforts that will be undertaken to recruit
eligible young women (including young women with dependent children) as
participants;
</text>
</clause>
<clause id="ID9c7499d68b1247a0926d3291dce7cff0">
<enum>
(ix)
</enum>
<text>
a
description of the specific role of employers in the proposed program, such as
their role in developing the proposed program and assisting in service
provision and in placement activities;
</text>
</clause>
<clause id="ID60dc0de8ccb242b6979f8a342615a1af">
<enum>
(x)
</enum>
<text>
a
description of how the proposed program will be coordinated with other Federal,
State, and local activities and activities conducted by Indian tribes, such as
local workforce investment activities, career and technical education and
training programs, adult and language instruction educational programs,
activities conducted by public schools, activities conducted by community
colleges, national service programs, and other job training provided with funds
available under this title;
</text>
</clause>
<clause id="IDab9bc3dba7c3471aad3fb7b6e8076663">
<enum>
(xi)
</enum>
<text>
assurances that
there will be a sufficient number of adequately trained supervisory personnel
in the proposed program;
</text>
</clause>
<clause id="IDcadf6c51f0ee4300a28b1608fe3c7fcf">
<enum>
(xii)
</enum>
<text>
a
description of the levels of performance to be achieved with respect to the
primary indicators of
performance for eligible youth described in section 116(b)(2)(A)(ii);
</text>
</clause>
<clause id="IDe7fe556d5e804ffc8e70e623cd875622">
<enum>
(xiii)
</enum>
<text>
a
description of the applicant’s relationship with local building trade unions
regarding their involvement in training to be provided through the proposed
program, the relationship of the proposed program to established registered
apprenticeship programs and employers, the ability of the applicant to grant an
industry-recognized certificate or certification through the program, and
the
quality of the program leading to the certificate or certification;
</text>
</clause>
<clause id="ID2c755c934b384c6aa1fbcdf4e263aa55">
<enum>
(xiv)
</enum>
<text>
a
description of activities that will be undertaken to develop the leadership
skills of participants;
</text>
</clause>
<clause id="IDfab00c7d6deb4292b0b374d8e8095551">
<enum>
(xv)
</enum>
<text>
a
detailed budget and a description of the system of fiscal controls, and
auditing and accountability procedures, that will be used to ensure fiscal
soundness for the proposed program;
</text>
</clause>
<clause id="ID05843d617b7048ef8f5dec82467dc99b">
<enum>
(xvi)
</enum>
<text>
a
description of the commitments for any additional resources (in addition to the
funds made available through the grant) to be made available to the proposed
program from—
</text>
<subclause id="IDbbaffcdcf87b436da9b86a427da9aaca">
<enum>
(I)
</enum>
<text>
the
applicant;
</text>
</subclause>
<subclause id="IDc4dc99c21cd940aaaaeb58a4cd5826eb">
<enum>
(II)
</enum>
<text>
recipients of
other Federal, State, or local housing and community development assistance that
will sponsor any part of the rehabilitation or construction, operation and
maintenance, or other housing and community
development activities undertaken as part of the proposed program; or
</text>
</subclause>
<subclause id="ID1d30f1f025204ba0ba9a4f6894e56807">
<enum>
(III)
</enum>
<text>
entities
carrying out other Federal, State, or local activities or activities conducted
by Indian tribes, including career and technical education and training
programs, adult and language instruction educational programs, and job training
provided with funds available under this title;
</text>
</subclause>
</clause>
<clause id="ID3d5009dbf39f4564b3ea17e122a6bdd3">
<enum>
(xvii)
</enum>
<text>
information
identifying, and a description of, the financing proposed for any—
</text>
<subclause id="ID40d306fa971143f487b32c262e41961c">
<enum>
(I)
</enum>
<text>
rehabilitation of the property involved;
</text>
</subclause>
<subclause id="ID1bcbaacc95554fe2ade302d94a5a9444">
<enum>
(II)
</enum>
<text>
acquisition of
the property; or
</text>
</subclause>
<subclause id="ID9c63ac2a39a044e88689d9f8746b475e">
<enum>
(III)
</enum>
<text>
construction of
the property;
</text>
</subclause>
</clause>
<clause id="ID541312c09924442aac6181dfa16aa2f5">
<enum>
(xviii)
</enum>
<text>
information
identifying, and a description of, the entity that will operate and manage the
property;
</text>
</clause>
<clause id="ID184c222c16444a50be4c1e86113a568a">
<enum>
(xix)
</enum>
<text>
information
identifying, and a description of, the data collection systems to be
used;
</text>
</clause>
<clause id="ID9a194b7589f740be893024ef894f2a80">
<enum>
(xx)
</enum>
<text>
a
certification, by a public official responsible for the housing strategy for
the State or unit of general local government within which the proposed program
is located, that the proposed program is consistent with the housing strategy;
and
</text>
</clause>
<clause id="IDd8e7208a87084add8c4d320336e51c9c">
<enum>
(xxi)
</enum>
<text>
a
certification that the applicant will comply with the requirements of the Fair
Housing Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3601">
42 U.S.C. 3601 et seq.
</external-xref>
) and will affirmatively further fair
housing.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="ID218119bd25e947758e16eebf8681621f">
<enum>
(4)
</enum>
<header>
Selection
criteria
</header>
<text>
For an applicant to be eligible to receive a grant under
this subsection, the applicant and the applicant’s proposed program shall meet
such selection criteria as the Secretary shall establish under this section,
which shall include criteria relating to—
</text>
<subparagraph id="IDd17f446e63224f5fb86d4be4472811f0">
<enum>
(A)
</enum>
<text>
the
qualifications or potential capabilities of an applicant;
</text>
</subparagraph>
<subparagraph id="ID32c6a56726674547bf5a02b3caf03a64">
<enum>
(B)
</enum>
<text>
an applicant’s
potential for developing a successful YouthBuild program;
</text>
</subparagraph>
<subparagraph id="ID9625e452609344c89b17ee9b802719d1">
<enum>
(C)
</enum>
<text>
the need for an
applicant’s proposed program, as determined by the degree of economic distress
of the community from which participants would be recruited (measured by
indicators such as poverty, youth unemployment, and the number of individuals
who have dropped out of secondary school) and of the community in which the
housing and community and public facilities proposed to be rehabilitated or
constructed is located (measured by
indicators such as incidence of homelessness, shortage of affordable housing,
and poverty);
</text>
</subparagraph>
<subparagraph id="ID852ae32823d54f21af479a12ee14b64d">
<enum>
(D)
</enum>
<text>
the commitment of
an applicant to providing skills training, leadership development, and
education to participants;
</text>
</subparagraph>
<subparagraph id="IDa243b9fab18846e49882df22d742dc01">
<enum>
(E)
</enum>
<text>
the focus of a
proposed program on preparing youth for in-demand industry sectors or occupations,
or postsecondary
education and training opportunities;
</text>
</subparagraph>
<subparagraph id="IDc66e2927d38440dcb9c01be3004fe909">
<enum>
(F)
</enum>
<text>
the extent of an
applicant’s coordination of activities to be carried out through the proposed
program with local boards, one-stop operators, and one-stop partners
participating in the operation of the one-stop delivery system involved, or the
extent of the applicant’s good faith efforts in achieving such
coordination;
</text>
</subparagraph>
<subparagraph id="IDcd082d8f84394f78b0a91190e1fec170">
<enum>
(G)
</enum>
<text>
the extent of the
applicant’s coordination of activities with public education, criminal justice,
housing and community development, national service, or postsecondary education
or other systems that relate to the goals of the proposed program;
</text>
</subparagraph>
<subparagraph id="ID89e327802309405b9471a99aa7babc36">
<enum>
(H)
</enum>
<text>
the extent of an
applicant’s coordination of activities with employers in the local area
involved;
</text>
</subparagraph>
<subparagraph id="ID0ea82384308a4748b010b5cb0979e1ab">
<enum>
(I)
</enum>
<text>
the extent to
which a proposed program provides for inclusion of tenants who were previously
homeless individuals in the rental housing provided through the program;
</text>
</subparagraph>
<subparagraph id="IDdde43dc105f145d688221dfc2ac93d28">
<enum>
(J)
</enum>
<text>
the commitment of
additional resources (in addition to the funds made available through the
grant) to a proposed program by—
</text>
<clause id="ID8cd70eabce2f4068b25f1a4bc25a1227">
<enum>
(i)
</enum>
<text>
an
applicant;
</text>
</clause>
<clause id="IDa8af66b75a0245bea7a5e27b772ff9fd">
<enum>
(ii)
</enum>
<text>
recipients of
other Federal, State, or local housing and community development assistance who
will sponsor any part of the rehabilitation or construction, operation and
maintenance, or other housing and community
development activities undertaken as part of the proposed program; or
</text>
</clause>
<clause id="IDaa8f6a37f9e947779c724ba0e5ffcd5a">
<enum>
(iii)
</enum>
<text>
entities
carrying out other Federal, State, or local activities or activities conducted
by Indian tribes, including career and technical education and training
programs, adult and language instruction educational programs, and job training
provided with funds available under this title;
</text>
</clause>
</subparagraph>
<subparagraph id="ID3c9cf84a7e7748d7879e48dae45739ae">
<enum>
(K)
</enum>
<text>
the applicant’s
potential to serve different regions, including rural areas and States that
have not previously received grants for YouthBuild programs; and
</text>
</subparagraph>
<subparagraph id="IDbf276c73c7754797af0590656a6264b4">
<enum>
(L)
</enum>
<text>
such other
factors as the Secretary determines to be appropriate for purposes of carrying
out the proposed program in an effective and efficient manner.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID1c0e334c1858432ea72c05f821a4acef">
<enum>
(5)
</enum>
<header>
Approval
</header>
<text>
To
the extent practicable, the Secretary shall notify each applicant, not later
than 5 months after the date of receipt of the application by the Secretary,
whether the application is approved or not approved.
</text>
</paragraph>
</subsection>
<subsection id="IDdabd8e7f4d774632ae449bd7d0d8b214">
<enum>
(d)
</enum>
<header>
Use of housing
units
</header>
<text>
Residential housing units rehabilitated or constructed using funds made available under
subsection (c), shall be available solely—
</text>
<paragraph id="IDb6c6e52d3f054f9b847c629a4e475e7b">
<enum>
(1)
</enum>
<text>
for
rental by, or sale to, homeless individuals or low-income families; or
</text>
</paragraph>
<paragraph id="ID22020051e3634d48a329a57c1019ca71">
<enum>
(2)
</enum>
<text>
for
use as transitional or permanent housing, for the purpose of assisting in the
movement of homeless individuals to independent living.
</text>
</paragraph>
</subsection>
<subsection id="IDb40638df28cf435eb02aaa01a43ad5d2">
<enum>
(e)
</enum>
<header>
Additional
program requirements
</header>
<paragraph id="IDbc02a96995c94427af6dba21c54cec37">
<enum>
(1)
</enum>
<header>
Eligible
participants
</header>
<subparagraph id="ID9c85c8deaa0e429c8e3a0412ddb1214c">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Except as provided in subparagraph (B), an individual may
participate in a YouthBuild program only if such individual is—
</text>
<clause id="ID26d53113da2740a091e6fe67c22fa5da">
<enum>
(i)
</enum>
<text>
not
less than age 16 and not more than age 24, on the date of enrollment;
</text>
</clause>
<clause id="ID88d025037c614dfe8c5ccab6e0803dc7">
<enum>
(ii)
</enum>
<text>
a
member of a low-income family, a youth in foster care (including youth aging
out of foster care), a youth offender, a youth who is an individual with a
disability, a child of incarcerated parents, or a migrant youth; and
</text>
</clause>
<clause id="ID2006eaa9b6ba4d57a1d6e83727248d54">
<enum>
(iii)
</enum>
<text>
a
school dropout, or an individual who was a school dropout and has subsequently
reenrolled.
</text>
</clause>
</subparagraph>
<subparagraph id="IDf3fba1c749e1448d9326084f646079ba">
<enum>
(B)
</enum>
<header>
Exception for
individuals not meeting income or educational need
requirements
</header>
<text>
Not more than 25 percent of the participants in such
program may be individuals who do not meet the requirements of clause (ii) or
(iii) of subparagraph (A), but who—
</text>
<clause id="IDb0fc5fa2ebc94a4995d1de4a5a9af0bd">
<enum>
(i)
</enum>
<text>
are
basic skills deficient, despite attainment of a secondary school diploma or its
recognized equivalent (including recognized certificates of attendance or
similar documents for individuals with disabilities); or
</text>
</clause>
<clause id="IDa3a2e0002a5a424480d5a78ba19475f6">
<enum>
(ii)
</enum>
<text>
have
been referred by a local secondary school for participation in a YouthBuild
program leading to the attainment of a secondary school diploma.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="ID94b1284fc5ce4e63b5116cfc3670b4d2">
<enum>
(2)
</enum>
<header>
Participation
limitation
</header>
<text>
An eligible individual selected for participation in a
YouthBuild program shall be offered full-time participation in the program for
a period of not less than 6 months and not more than 24 months.
</text>
</paragraph>
<paragraph id="IDf070b8eb0fb94cea8d0f84db02ca8527">
<enum>
(3)
</enum>
<header>
Minimum time
devoted to educational services and activities
</header>
<text>
A YouthBuild
program receiving assistance under subsection (c) shall be structured so that
participants in the program are offered—
</text>
<subparagraph id="ID0c3f10bb67c04c3388061007a58e4d68">
<enum>
(A)
</enum>
<text>
education and
related services and activities designed to meet educational needs, such as
those specified in clauses (iv) through (vii) of subsection (c)(2)(A), during
at least 50 percent of the time during which the participants participate in
the program; and
</text>
</subparagraph>
<subparagraph id="IDeef1ac44b37243378b77b09a08da321f">
<enum>
(B)
</enum>
<text>
work and skill
development activities, such as those specified in clauses (i), (ii), (iii), and
(viii) of subsection (c)(2)(A), during at least 40 percent of the time during
which the participants participate in the program.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID312182bb90fc4c98985a6e4a1694fb47">
<enum>
(4)
</enum>
<header>
Authority
restriction
</header>
<text>
No provision of this section may be construed to
authorize any agency, officer, or employee of the United States to exercise any
direction, supervision, or control over the curriculum, program of instruction,
administration, or personnel of any educational institution (including a
school) or school system, or over the selection of library resources,
textbooks, or other printed or published instructional materials by any
educational institution or school system.
</text>
</paragraph>
<paragraph id="ID3d913242288746e1bde418df68616c2c">
<enum>
(5)
</enum>
<header>
State and local
standards
</header>
<text>
All educational programs and activities supported with
funds provided under subsection (c) shall be consistent with applicable State
and local educational standards. Standards and procedures for the programs and
activities that relate to awarding academic credit for and certifying
educational attainment in such programs and activities shall be consistent with
applicable State and local educational standards.
</text>
</paragraph>
</subsection>
<subsection id="IDbc1e9db9e2f44d1a83dfbb41c7310732">
<enum>
(f)
</enum>
<header>
Levels of
performance and indicators
</header>
<paragraph id="ID8d290549c3534dbca8121e024183ce50">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall annually establish expected levels of
performance for YouthBuild programs relating to each of the primary indicators
of performance for eligible youth activities described in section 116(b)(2)(A)(ii).
</text>
</paragraph>
<paragraph id="IDe6bb44d58ddb46e782a3bb136c26d2b5">
<enum>
(2)
</enum>
<header>
Additional
indicators
</header>
<text>
The Secretary may establish expected levels of
performance for additional indicators for YouthBuild programs, as the Secretary
determines appropriate.
</text>
</paragraph>
</subsection>
<subsection id="ID6136fdb0d5ef4dcb9a71729e57c6c826">
<enum>
(g)
</enum>
<header>
Management and
technical assistance
</header>
<paragraph id="IDffef9e85976f4890a08ac7640595f910">
<enum>
(1)
</enum>
<header>
Secretary
assistance
</header>
<text>
The Secretary may enter into contracts with 1 or more
entities to provide assistance to the Secretary in the management, supervision,
and coordination of the program carried out under this section.
</text>
</paragraph>
<paragraph id="ID36d0f7dc853b4687a987e4a6e5c0a378">
<enum>
(2)
</enum>
<header>
Technical
assistance
</header>
<subparagraph id="IDae4be0ba7e4247d7872550447fd9a80d">
<enum>
(A)
</enum>
<header>
Contracts and
grants
</header>
<text>
The Secretary shall enter into contracts with or make
grants to 1 or more qualified national nonprofit agencies, in order to provide
training, information, technical assistance, program evaluation, and data
management to recipients of grants under subsection (c).
</text>
</subparagraph>
<subparagraph id="ID69ca09f06d2a4397a2378c1dee092626">
<enum>
(B)
</enum>
<header>
Reservation of
funds
</header>
<text>
Of the amounts available under subsection (i) to carry out
this section for a fiscal year, the Secretary shall reserve 5 percent to carry
out subparagraph (A).
</text>
</subparagraph>
</paragraph>
<paragraph id="ID1f9080cba8be4e168759fb98d28e6ae5">
<enum>
(3)
</enum>
<header>
Capacity
building grants
</header>
<subparagraph id="ID0922930f5d1d40458e38d3590225bd9a">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
In each fiscal year, the Secretary may use not more than
3 percent of the amounts available under subsection (i) to award grants to 1 or
more qualified national nonprofit agencies to pay for the Federal share of the
cost of capacity building activities.
</text>
</subparagraph>
<subparagraph id="ID7a639d34dcde47409228eb628c19b37a">
<enum>
(B)
</enum>
<header>
Federal
share
</header>
<text>
The Federal share of the cost described in subparagraph (A)
shall be 25 percent. The non-Federal share shall be provided from private
sources.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="IDcf8a74b7246b4d7984131465705cb680">
<enum>
(h)
</enum>
<header>
Subgrants and
contracts
</header>
<text>
Each recipient of a grant under subsection (c) to carry
out a YouthBuild program shall provide the services and activities described in
this section directly or through subgrants, contracts, or other arrangements
with local educational agencies, institutions of higher education, State or
local housing development agencies, other public agencies, including agencies
of Indian tribes, or private organizations.
</text>
</subsection>
<subsection id="ID7025695e3912442485920a21ab27e791">
<enum>
(i)
</enum>
<header>
Authorization
of appropriations
</header>
<text>
There are authorized to be appropriated to carry out this section—
</text>
<paragraph id="idEA7551A5B9BA46338E1A8558EB47B0E5">
<enum>
(1)
</enum>
<text>
$77,534,000 for fiscal year 2015;
</text>
</paragraph>
<paragraph id="id2643F0E83326482B9AA0BCCF48E12019">
<enum>
(2)
</enum>
<text>
$83,523,000 for fiscal year 2016;
</text>
</paragraph>
<paragraph id="id26E0D4861C8D42A49F13BE0B70D77C91">
<enum>
(3)
</enum>
<text>
$85,256,000 for fiscal year 2017;
</text>
</paragraph>
<paragraph id="idD8F21F2F5D3D4D088BC4C6FF19D8263E">
<enum>
(4)
</enum>
<text>
$87,147,000 for fiscal year 2018;
</text>
</paragraph>
<paragraph id="id91C91F7A46C545698187DD6772ED2B28">
<enum>
(5)
</enum>
<text>
$89,196,000 for fiscal year 2019; and
</text>
</paragraph>
<paragraph id="idBA0573158CE04EFF84925B4956779C3E">
<enum>
(6)
</enum>
<text>
$91,087,000 for fiscal year 2020.
</text>
</paragraph>
</subsection>
</section>
<section id="ID16df4db2d0a64afaa4e2120f074fc298">
<enum>
172.
</enum>
<header>
Authorization
of appropriations
</header>
<subsection id="ID30119d4e4f4b40948a4c1b153f92ed67">
<enum>
(a)
</enum>
<header>
Native American
programs
</header>
<text>
There are authorized to be appropriated to carry out section 166 (not including subsection (k) of
such section)—
</text>
<paragraph id="id70D940E9FC2E4967B4A8E968157EDA3F">
<enum>
(1)
</enum>
<text>
$46,082,000 for fiscal year 2015;
</text>
</paragraph>
<paragraph id="idEDE6A44B311A4F9598A7458C7EB1DDFF">
<enum>
(2)
</enum>
<text>
$49,641,000 for fiscal year 2016;
</text>
</paragraph>
<paragraph id="idC4A6A2F44573448D8654D8727D3A1EC0">
<enum>
(3)
</enum>
<text>
$50,671,000 for fiscal year 2017;
</text>
</paragraph>
<paragraph id="id107528B673BC4693B4AC1E1B94672FA9">
<enum>
(4)
</enum>
<text>
$51,795,000 for fiscal year 2018;
</text>
</paragraph>
<paragraph id="id6C7375185A16433AB78517576571804A">
<enum>
(5)
</enum>
<text>
$53,013,000 for fiscal year 2019; and
</text>
</paragraph>
<paragraph id="idBC9C5D0FF68A4EDCBEB9525F67CDE278">
<enum>
(6)
</enum>
<text>
$54,137,000 for fiscal year 2020.
</text>
</paragraph>
</subsection>
<subsection id="id81543845C40E4A25967FEF88FE47D272">
<enum>
(b)
</enum>
<header>
Migrant and seasonal farmworker programs
</header>
<text>
There are authorized to be appropriated to carry out section 167—
</text>
<paragraph id="id45DF7DA9980F4CE59755A27C52420CA0">
<enum>
(1)
</enum>
<text>
$81,896,000 for fiscal year 2015;
</text>
</paragraph>
<paragraph id="id373066DD050B4CF39437CC33BDF223CA">
<enum>
(2)
</enum>
<text>
$88,222,000 for fiscal year 2016;
</text>
</paragraph>
<paragraph id="id523768011C964B038E0D32E95954F2D6">
<enum>
(3)
</enum>
<text>
$90,052,000 for fiscal year 2017;
</text>
</paragraph>
<paragraph id="id18431F257A1F45EA9CE95507FD8753DD">
<enum>
(4)
</enum>
<text>
$92,050,000 for fiscal year 2018;
</text>
</paragraph>
<paragraph id="id78BF5518DB22408CA48AE6B81F7389BA">
<enum>
(5)
</enum>
<text>
$94,214,000 for fiscal year 2019; and
</text>
</paragraph>
<paragraph id="id91E86FBE118C46539E5CAFC2E6406FA1">
<enum>
(6)
</enum>
<text>
$96,211,000 for fiscal year 2020.
</text>
</paragraph>
</subsection>
<subsection id="ID0c901309360246e7bc5901dd9b459e36">
<enum>
(c)
</enum>
<header>
Technical
assistance
</header>
<text>
There are authorized to be
appropriated to carry out section 168—
</text>
<paragraph id="id7FE1429FF55F4E398781E42BBCE81C7E">
<enum>
(1)
</enum>
<text>
$3,000,000 for fiscal year 2015;
</text>
</paragraph>
<paragraph id="id7C76915AA6774869ADC9D123E30D6795">
<enum>
(2)
</enum>
<text>
$3,232,000 for fiscal year 2016;
</text>
</paragraph>
<paragraph id="id13D0B785B3BC43A6BA75288024A61F86">
<enum>
(3)
</enum>
<text>
$3,299,000 for fiscal year 2017;
</text>
</paragraph>
<paragraph id="id1B22D4E775D9487FBF4FF2BD50B7545B">
<enum>
(4)
</enum>
<text>
$3,372,000 for fiscal year 2018;
</text>
</paragraph>
<paragraph id="id99917142FA664010AAB9E745D089A8B6">
<enum>
(5)
</enum>
<text>
$3,451,000 for fiscal year 2019; and
</text>
</paragraph>
<paragraph id="id58FA5F35CEA345219DAD3A6E663809FA">
<enum>
(6)
</enum>
<text>
$3,524,000 for fiscal year 2020.
</text>
</paragraph>
</subsection>
<subsection id="id1AB7E2DCE7B148B3BD04A484224FD7B9">
<enum>
(d)
</enum>
<header>
Evaluations and research
</header>
<text>
There are authorized to be appropriated to carry out section 169—
</text>
<paragraph id="id7D5F7B1F17614534A228E72E7B8824EC">
<enum>
(1)
</enum>
<text>
$91,000,000 for fiscal year 2015;
</text>
</paragraph>
<paragraph id="idC5EA045C2B3549D2BB2B55C5251A5AF4">
<enum>
(2)
</enum>
<text>
$98,029,000 for fiscal year 2016;
</text>
</paragraph>
<paragraph id="id545C4092045A4525A85239B762D597CA">
<enum>
(3)
</enum>
<text>
$100,063,000 for fiscal year 2017;
</text>
</paragraph>
<paragraph id="id51CC7B3426FB4082A80F3CE8ABDC973D">
<enum>
(4)
</enum>
<text>
$102,282,000 for fiscal year 2018;
</text>
</paragraph>
<paragraph id="id0462808C3A4B43C8B7DEB828DA3F2DB2">
<enum>
(5)
</enum>
<text>
$104,687,000 for fiscal year 2019; and
</text>
</paragraph>
<paragraph id="idAA1D02D009D84211898DED844A0FB0B0">
<enum>
(6)
</enum>
<text>
$106,906,000 for fiscal year 2020.
</text>
</paragraph>
</subsection>
<subsection id="id9EEC2A9A64FE48028044041C4F492C45">
<enum>
(e)
</enum>
<header>
Assistance for veterans
</header>
<text display-inline="yes-display-inline">
If, as of the date of enactment of this Act, any
unobligated funds appropriated to carry out section 168 of the Workforce
Investment Act of 1998, as in effect on
the day before the date of enactment of this Act, remain available, the
Secretary of Labor shall continue to use such funds to carry out such
section, as in effect on such day, until all of such funds are expended.
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="IDe04d21a86ce04d38acc58c8a09bfa2ed">
<enum>
(f)
</enum>
<header>
Assistance for
eligible workers
</header>
<text>
If, as of the date of enactment of this Act, any
unobligated funds appropriated to carry out subsections (f) and (g) of section
173 of the Workforce Investment Act of 1998, as in effect on
the day before the date of enactment of this Act, remain available, the
Secretary of Labor shall continue to use such funds to carry out such
subsections, as in effect on such day, until all of such funds are expended.
</text>
</subsection>
</section>
</subtitle>
<subtitle id="id5DF89A0B0A2E4525A6632213C58BBBE5">
<enum>
E
</enum>
<header>
Administration
</header>
<section id="idEC7D7BD4CE964EFBA19F06028CAC6D3E">
<enum>
181.
</enum>
<header>
Requirements
and restrictions
</header>
<subsection id="ID74d03db1198247d88f31bd5272969720">
<enum>
(a)
</enum>
<header>
Benefits
</header>
<paragraph id="ID86f11395739b4986a046464971897b26">
<enum>
(1)
</enum>
<header>
Wages
</header>
<subparagraph id="IDcd2137c5c1704971a20c1b869224fc1a">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Individuals in on-the-job training or individuals
employed in activities under this title shall be
compensated at the same rates, including periodic increases, as trainees or
employees who are similarly situated in similar occupations by the same
employer and who have similar training, experience, and skills, and such rates
shall be in accordance with applicable law, but in no event less than the
higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act
of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/206">
29 U.S.C. 206(a)(1)
</external-xref>
) or the applicable State or local minimum wage
law.
</text>
</subparagraph>
<subparagraph id="ID6e0f66f4399045dea06c443d3f4efc24">
<enum>
(B)
</enum>
<header>
Rule of
construction
</header>
<text>
The reference in subparagraph (A) to section 6(a)(1)
of the Fair Labor Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/206">
29 U.S.C. 206(a)(1)
</external-xref>
) shall not be
applicable for individuals in territorial jurisdictions in which section 6(a)(1) of
the Fair Labor Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/206">
29 U.S.C. 206(a)(1)
</external-xref>
) does not apply.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID66c5a5b2f78847ab8acb5e011949948e">
<enum>
(2)
</enum>
<header>
Treatment of
allowances, earnings, and payments
</header>
<text>
Allowances, earnings, and
payments to individuals participating in programs under this title shall not be
considered as income for the purposes of determining
eligibility for and the amount of income transfer and in-kind aid furnished
under any Federal or federally assisted program based on need, other than as
provided under the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/301">
42 U.S.C. 301 et seq.
</external-xref>
).
</text>
</paragraph>
</subsection>
<subsection id="ID03992d1375a24a449ad4bcd3fe2150b7">
<enum>
(b)
</enum>
<header>
Labor
standards
</header>
<paragraph id="IDe1db2044175b47e4971ea3e3d6b084fd">
<enum>
(1)
</enum>
<header>
Limitations on
activities that impact wages of employees
</header>
<text>
No funds provided under
this title shall be used to pay the wages of incumbent
employees during their participation in economic development activities
provided through a statewide workforce development system.
</text>
</paragraph>
<paragraph id="ID53c8d271ba6c475c9d7314b545021736">
<enum>
(2)
</enum>
<header>
Displacement
</header>
<subparagraph id="ID8d7d2f5b14144d27ae39b5f1478b1a76">
<enum>
(A)
</enum>
<header>
Prohibition
</header>
<text>
A
participant in a program or activity authorized under this title (referred to in
this section as a
<quote>
specified activity
</quote>
)
shall not displace (including a partial displacement, such as a reduction in
the hours of nonovertime work, wages, or employment benefits) any currently
employed employee (as of the date of the participation).
</text>
</subparagraph>
<subparagraph id="ID5d07015ac7394420a1982c76487c7ba9">
<enum>
(B)
</enum>
<header>
Prohibition on
impairment of contracts
</header>
<text>
A specified activity shall not impair an
existing contract for services or collective bargaining agreement, and no such
activity that would be inconsistent with the terms of a collective bargaining
agreement shall be undertaken without the written concurrence of the labor
organization and employer concerned.
</text>
</subparagraph>
</paragraph>
<paragraph id="IDf267a75b2a9540ee9d2ef52ea5a8c1cb">
<enum>
(3)
</enum>
<header>
Other
prohibitions
</header>
<text>
A participant in a specified activity shall not be
employed in a job if—
</text>
<subparagraph id="ID298ac8a2dca548c380e2ef11fdaea746">
<enum>
(A)
</enum>
<text>
any other
individual is on layoff from the same or any substantially equivalent
job;
</text>
</subparagraph>
<subparagraph id="ID404cab36aea84a299e5a57dbadff26d0">
<enum>
(B)
</enum>
<text>
the employer has
terminated the employment of any regular employee or otherwise reduced the
workforce of the employer with the intention of filling the vacancy so created
with the participant; or
</text>
</subparagraph>
<subparagraph id="ID046093f354c54a798e574521fc8b2e72">
<enum>
(C)
</enum>
<text>
the job is
created in a promotional line that will infringe in any way upon the
promotional opportunities of currently employed individuals (as of the date of
the participation).
</text>
</subparagraph>
</paragraph>
<paragraph id="ID7a9e56bd645b442f8e8d46bff8d5b8ab">
<enum>
(4)
</enum>
<header>
Health and
safety
</header>
<text>
Health and safety standards established under Federal and
State law otherwise applicable to working conditions of employees shall be
equally applicable to working conditions of participants engaged in specified
activities. To the extent that a State workers’ compensation law applies,
workers’ compensation shall be provided to participants on the same basis as
the compensation is provided to other individuals in the State in similar
employment.
</text>
</paragraph>
<paragraph id="ID4e3093cc3f0f409c86563d56a985018e">
<enum>
(5)
</enum>
<header>
Employment
conditions
</header>
<text>
Individuals in on-the-job training or individuals
employed in programs and activities under this title shall be provided benefits and
working conditions at the same level and to the
same extent as other trainees or employees working a similar length of time and
doing the same type of work.
</text>
</paragraph>
<paragraph id="ID3cb1eab21beb4ae4876ac95d28722e03">
<enum>
(6)
</enum>
<header>
Opportunity to
submit comments
</header>
<text>
Interested members of the public, including
representatives of businesses and of labor organizations, shall be provided an
opportunity to submit comments to the Secretary with respect to programs and
activities proposed to be funded under subtitle B.
</text>
</paragraph>
<paragraph id="ID2e4ed5d327e341609954a105ac605cee">
<enum>
(7)
</enum>
<header>
No
impact on union organizing
</header>
<text>
Each recipient of funds under this
title shall provide to the Secretary assurances that
none of such funds will be used to assist, promote, or deter union
organizing.
</text>
</paragraph>
</subsection>
<subsection id="ID99b438ce9ca74b6ea45427c2545fb081">
<enum>
(c)
</enum>
<header>
Grievance
procedure
</header>
<paragraph id="ID8ec688da00d449babd817b5468e7ade5">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Each State and local area receiving an allotment or
allocation under this title shall
establish and maintain a procedure for grievances or complaints alleging
violations of the requirements of this title from
participants and other interested or affected parties. Such procedure shall
include an opportunity for a hearing and be completed within 60 days after the
filing of the grievance or complaint.
</text>
</paragraph>
<paragraph id="ID9959dad892e94e4f9142c69ba9bf983f">
<enum>
(2)
</enum>
<header>
Investigation
</header>
<subparagraph id="IDc504973a89554ffca1eafd42cde8e569">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall investigate an allegation of a
violation described in paragraph (1) if—
</text>
<clause id="IDd96d34dee32d4f44b52e8a5779155b11">
<enum>
(i)
</enum>
<text>
a
decision relating to such violation has not been reached within 60 days after
the date of the filing of the grievance or complaint and either party appeals
to the Secretary; or
</text>
</clause>
<clause id="IDff7217d86f724b3cbb25f25270d515d7">
<enum>
(ii)
</enum>
<text>
a
decision relating to such violation has been reached within such 60 days and
the party to which such decision is adverse appeals such decision to the
Secretary.
</text>
</clause>
</subparagraph>
<subparagraph id="ID702450356412424f8f0c87819108b813">
<enum>
(B)
</enum>
<header>
Additional
requirement
</header>
<text>
The Secretary shall make a final determination
relating to an appeal made under subparagraph (A) no later than 120 days after
receiving such appeal.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID443670129c66496abc212a9651eebfc2">
<enum>
(3)
</enum>
<header>
Remedies
</header>
<text>
Remedies
that may be imposed under this section for a violation of any requirement of
this title shall be limited—
</text>
<subparagraph id="ID0ecc10af37c541788f2de1bf9d5d6356">
<enum>
(A)
</enum>
<text>
to suspension or
termination of payments under this title;
</text>
</subparagraph>
<subparagraph id="ID547b0a9b84fe45a89419cf2af48da616">
<enum>
(B)
</enum>
<text>
to prohibition of
placement of a participant with an employer that has violated any requirement
under this title;
</text>
</subparagraph>
<subparagraph id="IDb708d2d9477146238935ac288387de11">
<enum>
(C)
</enum>
<text>
where applicable,
to reinstatement of an employee, payment of lost wages and benefits, and
reestablishment of other relevant terms, conditions, and privileges of
employment; and
</text>
</subparagraph>
<subparagraph id="ID03d91423fd34428b9ff189139f946149">
<enum>
(D)
</enum>
<text>
where
appropriate, to other equitable relief.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID2cb04936533846f48c28b5e3877c612a">
<enum>
(4)
</enum>
<header>
Rule of
construction
</header>
<text>
Nothing in paragraph (3) shall be construed to
prohibit a grievant or complainant from pursuing a remedy authorized under
another Federal, State, or local law for a violation of this title.
</text>
</paragraph>
</subsection>
<subsection id="idD4C579E73D214CE5B508125B4CA5E0E8">
<enum>
(d)
</enum>
<header>
Relocation
</header>
<paragraph id="ID081b1f9970104fb5b2872f544987095a">
<enum>
(1)
</enum>
<header>
Prohibition on
use of funds to encourage or induce relocation
</header>
<text>
No funds provided
under this title shall be used, or proposed for use,
to encourage or induce the relocation of a business or part of a business if
such relocation would result in a loss of employment for any employee of such
business at the original location and such original location is within the
United States.
</text>
</paragraph>
<paragraph id="ID8541c6b276a74f6384d2f373ca2aa054">
<enum>
(2)
</enum>
<header>
Prohibition on
use of funds after relocation
</header>
<text>
No funds provided under this title
for an employment or training activity shall be used
for customized or skill training, on-the-job training, incumbent worker
training, transitional employment, or company-specific assessments of job
applicants or employees, for any business or part of a business that has
relocated, until the date that is 120 days after the date on which such
business commences operations at the new location, if the relocation of such
business or part of a business results in a loss of employment for any employee
of such business at the original location and such original location is within
the United States.
</text>
</paragraph>
<paragraph id="ID826cb70fe142484db11b13e98fa55997">
<enum>
(3)
</enum>
<header>
Repayment
</header>
<text>
If
the Secretary determines that a violation of paragraph (1) or (2) has occurred,
the Secretary shall require the State that has violated such paragraph (or that
has provided funding to an entity that has violated such paragraph) to repay to
the United States an amount equal to the amount expended in violation of such
paragraph.
</text>
</paragraph>
</subsection>
<subsection id="ID40e6c621cda44a64bc1954f6af6e7b10">
<enum>
(e)
</enum>
<header>
Limitation on
use of funds
</header>
<text>
No funds available to carry out an activity under
this title shall be used for employment generating
activities, investment in revolving loan funds, capitalization of businesses,
investment in contract bidding resource centers, economic development
activities, or similar activities, that are not directly related to training
for eligible individuals under this title. No funds
received to carry out an activity under subtitle B shall be used for foreign
travel.
</text>
</subsection>
<subsection id="IDae16703c734a44cea2f375fa2891d827">
<enum>
(f)
</enum>
<header>
Testing and
sanctioning for use of controlled substances
</header>
<paragraph id="ID18dad81908a54cebb4d8974bed675d1b">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Notwithstanding any other provision of law, a State shall
not be prohibited by the Federal Government from—
</text>
<subparagraph id="ID6aebed9d9ec343c993a3d411ff37ed5d">
<enum>
(A)
</enum>
<text>
testing
participants in programs under subtitle B for the use of controlled substances; and
</text>
</subparagraph>
<subparagraph id="IDfb53ab6821c746638f5b8392fd0db54d">
<enum>
(B)
</enum>
<text>
sanctioning such
participants who test positive for the use of such controlled
substances.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID30a3a1194d7c4d858d75f3954af66d81">
<enum>
(2)
</enum>
<header>
Additional
requirements
</header>
<subparagraph id="ID9a0c3489c9ac4c3fa4eaf0a641b3e5e9">
<enum>
(A)
</enum>
<header>
Period of
sanction
</header>
<text>
In sanctioning participants in a program under subtitle
B who test positive for the use of
controlled substances—
</text>
<clause id="ID50176d3d618a4d67883e3a675945922b">
<enum>
(i)
</enum>
<text>
with
respect to the first occurrence for which a participant tests positive, a State
may exclude the participant from the program for a period not to exceed 6
months; and
</text>
</clause>
<clause id="ID5dab58ca64174c138c4a12101c69defc">
<enum>
(ii)
</enum>
<text>
with
respect to the second occurrence and each subsequent occurrence for which a
participant tests positive, a State may exclude the participant from the
program for a period not to exceed 2 years.
</text>
</clause>
</subparagraph>
<subparagraph id="ID0c9a32e4b6ad43b98120b2f3d0d59d34">
<enum>
(B)
</enum>
<header>
Appeal
</header>
<text>
The
testing of participants and the imposition of sanctions under this subsection
shall be subject to expeditious appeal in accordance with due process
procedures established by the State.
</text>
</subparagraph>
<subparagraph id="IDbd887bcdaa4d4a6d86e70aa277694a3c">
<enum>
(C)
</enum>
<header>
Privacy
</header>
<text>
A
State shall establish procedures for testing participants for the use of
controlled substances that ensure a maximum degree of privacy for the
participants.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID247eb1ab3fa9441cb0b5d38442dd926e">
<enum>
(3)
</enum>
<header>
Funding
requirement
</header>
<text>
In testing and sanctioning of participants for the
use of controlled substances in accordance with this subsection, the only
Federal funds that a State may use are the amounts made available for the
administration of statewide workforce investment activities under section
134(a)(3)(B).
</text>
</paragraph>
</subsection>
<subsection id="id9eee35cd638a49f5a9196d5ea25fca58">
<enum>
(g)
</enum>
<header>
Subgrant
authority
</header>
<text>
A recipient of grant funds under this title shall have
the authority to enter into subgrants in order to carry out the grant, subject
to such conditions as the Secretary may establish.
</text>
</subsection>
</section>
<section id="ID122fedfaecbc41c98094428d38635df0">
<enum>
182.
</enum>
<header>
Prompt
allocation of funds
</header>
<subsection id="ID828f3c95ddd94b7f951ca80fb292b897">
<enum>
(a)
</enum>
<header>
Allotments
based on latest available data
</header>
<text>
All allotments to States and
grants to outlying areas under this title shall be based on the latest
available data and estimates satisfactory to the Secretary. All data relating
to disadvantaged adults and disadvantaged youth shall be based on the most
recent satisfactory data from the Bureau of the Census.
</text>
</subsection>
<subsection id="IDc8c70ea0a4574316aca2ef15a4e6cf6d">
<enum>
(b)
</enum>
<header>
Publication in
Federal register relating to formula funds
</header>
<text>
Whenever the Secretary
allots funds required to be allotted under this title, the Secretary shall
publish in a timely fashion in the Federal Register the amount proposed to be
distributed to each recipient of the funds.
</text>
</subsection>
<subsection id="IDe7d101435c9b49c4834d7fb8fef55979">
<enum>
(c)
</enum>
<header>
Requirement for
funds distributed by formula
</header>
<text>
All funds required to be allotted
under section 127 or 132 shall be allotted within 45 days after the date of
enactment of the Act appropriating the funds, except that, if such funds are
appropriated in advance as authorized by section 189(g), such funds shall be
allotted or allocated not later than the March 31 preceding the program year
for which such funds are to be available for obligation.
</text>
</subsection>
<subsection id="IDd804d451a3f84c1492c7add1540be19d">
<enum>
(d)
</enum>
<header>
Publication in
Federal register relating to discretionary funds
</header>
<text>
Whenever the
Secretary utilizes a formula to allot or allocate funds made available for
distribution at the Secretary’s discretion under this title, the Secretary
shall, not later than 30 days prior to such allotment or allocation, publish
for comment in the Federal Register the formula, the rationale for the formula,
and the proposed amounts to be distributed to each State and local area. After
consideration of any comments received, the Secretary shall publish final
allotments and allocations in the Federal Register.
</text>
</subsection>
<subsection id="ID32c6c1693d704f2c8860d80e49b999dd">
<enum>
(e)
</enum>
<header>
Availability of
funds
</header>
<text>
Funds shall be made available under section 128, and funds
shall be made available under section 133, for a local area not later than 30
days after the date the funds are made available to the Governor involved,
under section 127 or 132 (as the case may be), or 7 days after the date the
local plan for the area is approved, whichever is later.
</text>
</subsection>
</section>
<section id="IDdd9796b2ac78475dad8e4b22a7c13d7a">
<enum>
183.
</enum>
<header>
Monitoring
</header>
<subsection id="IDb8574b49805e4ebda080e3899a5755b2">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Secretary is authorized to monitor all recipients of
financial assistance under this title to determine whether the recipients are
complying with the provisions of this title,
including the regulations issued under this title.
</text>
</subsection>
<subsection id="IDb0728295aa274082aa72230b1be47798">
<enum>
(b)
</enum>
<header>
Investigations
</header>
<text>
The
Secretary may investigate any matter the Secretary determines to be necessary
to determine the compliance of the recipients with this title, including the
regulations issued under this title. The investigations authorized by this
subsection may include
examining records (including making certified copies of the records),
questioning employees, and entering any premises or onto any site in which any
part of a program or activity of such a recipient is conducted or in which any
of the records of the recipient are kept.
</text>
</subsection>
<subsection id="ID4152cc477b61485fb2fa0bec50534000">
<enum>
(c)
</enum>
<header>
Additional
requirement
</header>
<text>
For the purpose of any investigation or hearing
conducted under this title by the Secretary, the provisions of section 9 of the
Federal Trade Commission Act (
<external-xref legal-doc="usc" parsable-cite="usc/15/49">
15 U.S.C. 49
</external-xref>
) (relating to the attendance of
witnesses and the production of documents) apply to the Secretary, in the same
manner and to the same extent as the provisions apply to the Federal Trade
Commission.
</text>
</subsection>
</section>
<section id="IDdd7d13c0cc2444b2afa0c9774da97038">
<enum>
184.
</enum>
<header>
Fiscal
controls; sanctions
</header>
<subsection id="ID3a18ee1e08fc4668846d35ab66e3589d">
<enum>
(a)
</enum>
<header>
Establishment
of fiscal controls by States
</header>
<paragraph id="ID0bb84d14a3f3490e91a931ce81c20962">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Each State shall establish such fiscal control and fund
accounting procedures as may be necessary to assure the proper disbursal of,
and accounting for, Federal funds allocated to local areas under subtitle B.
Such procedures shall ensure that all financial transactions carried out under
subtitle B are conducted and records maintained in accordance with generally
accepted accounting principles applicable in each State.
</text>
</paragraph>
<paragraph id="ID15a606c174a042cfa7b1295a2167bbf1">
<enum>
(2)
</enum>
<header>
Cost
principles
</header>
<subparagraph id="ID5d830072ca1f456bbcdbc1dabb8ce8d2">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Each State (including the Governor of the State), local
area (including the chief elected official for the area), and provider
receiving funds under this title shall comply with the applicable uniform cost
principles included in appropriate circulars or rules of the Office of
Management and Budget for the type of entity receiving the funds.
</text>
</subparagraph>
<subparagraph id="IDbf16900dfb7d46bb8ab606ffbc73765e">
<enum>
(B)
</enum>
<header>
Exception
</header>
<text>
The
funds made available to a State for administration of statewide workforce
investment activities in accordance with section 134(a)(3)(B) shall be
allocable to the overall administration of workforce investment activities, but
need not be specifically allocable to—
</text>
<clause id="IDcbc36e0341114320bb828495ed180f94">
<enum>
(i)
</enum>
<text>
the
administration of adult employment and training activities;
</text>
</clause>
<clause id="ID9ec23f43ee3041d796b86d669f7bc900">
<enum>
(ii)
</enum>
<text>
the
administration of dislocated worker employment and training activities;
or
</text>
</clause>
<clause id="idF749A06D91A544F58318BB5CB8CBF430">
<enum>
(iii)
</enum>
<text>
the administration
of youth workforce investment activities.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="IDd3bf5bbb78ab428e95556f8f98cc0a3a">
<enum>
(3)
</enum>
<header>
Uniform
administrative requirements
</header>
<subparagraph id="IDf40617fc461e4b519a8bae483b58109d">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Each State (including the Governor of the State), local
area (including the chief elected official for the area), and provider
receiving funds under this title shall comply with the appropriate uniform
administrative requirements for grants and agreements applicable for the type
of entity receiving the funds, as promulgated in circulars or rules of the
Office of Management and Budget.
</text>
</subparagraph>
<subparagraph id="ID792fded4772f4c2a97c906d65169db4a">
<enum>
(B)
</enum>
<header>
Additional
requirement
</header>
<text>
Procurement transactions under this title between
local boards and units of State or local governments shall be conducted only on
a cost-reimbursable basis.
</text>
</subparagraph>
</paragraph>
<paragraph id="IDc85771d7fe104a1882df886bb99e777b">
<enum>
(4)
</enum>
<header>
Monitoring
</header>
<text>
Each
Governor of a State shall conduct on an annual basis onsite monitoring of each
local area within the State to ensure compliance with the uniform
administrative requirements referred to in paragraph (3).
</text>
</paragraph>
<paragraph id="IDa0b51e5800264f58867693ab22f4222f">
<enum>
(5)
</enum>
<header>
Action by
Governor
</header>
<text>
If the Governor determines that a local area is not in
compliance with the uniform administrative requirements referred to in
paragraph (3), the Governor shall—
</text>
<subparagraph id="IDa34162fc7d784cffa7a6f321b3243c60">
<enum>
(A)
</enum>
<text>
require
corrective action to secure prompt compliance with the requirements; and
</text>
</subparagraph>
<subparagraph id="IDf56455f04eaf49eeb827b729e8eb8cab">
<enum>
(B)
</enum>
<text>
impose the
sanctions provided under subsection (b) in the event of failure to take the
required corrective action.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID309487d58d6b43668b0944da18569c39">
<enum>
(6)
</enum>
<header>
Certification
</header>
<text>
The
Governor shall, every 2 years, certify to the Secretary that—
</text>
<subparagraph id="ID2fae68dda6db4f2b9533dcf7976b2484">
<enum>
(A)
</enum>
<text>
the State has
implemented the uniform administrative requirements referred to in paragraph
(3);
</text>
</subparagraph>
<subparagraph id="ID09402b596d74415a8b0db0b6668b0ce9">
<enum>
(B)
</enum>
<text>
the State has
monitored local areas to ensure compliance with the uniform administrative
requirements as required under paragraph (4); and
</text>
</subparagraph>
<subparagraph id="ID99c5b06de96a4cb9940baa3ed63d26b5">
<enum>
(C)
</enum>
<text>
the State has
taken appropriate action to secure compliance with the requirements pursuant to
paragraph (5).
</text>
</subparagraph>
</paragraph>
<paragraph id="ID19f23b77648e4022949d6141ef39638c">
<enum>
(7)
</enum>
<header>
Action by the
Secretary
</header>
<text>
If the Secretary determines that the Governor has not
fulfilled the requirements of this subsection, the Secretary shall—
</text>
<subparagraph id="ID5ed5ad94458c4a9ba0ae0e6c9257c301">
<enum>
(A)
</enum>
<text>
require
corrective action to secure prompt compliance with the requirements of this
subsection; and
</text>
</subparagraph>
<subparagraph id="ID772be2b0f0f84c6c99672406e59bbf2d">
<enum>
(B)
</enum>
<text>
impose the
sanctions provided under subsection (e) in the event of failure of the Governor
to take the required appropriate action to secure compliance with the
requirements.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="ID24c3a19e560e4708a9b40f93a5d879de">
<enum>
(b)
</enum>
<header>
Substantial
violation
</header>
<paragraph id="ID1eca30954fa742dca1832750c2abfd02">
<enum>
(1)
</enum>
<header>
Action by
Governor
</header>
<text>
If, as a result of financial and compliance audits or
otherwise, the Governor determines that there is a substantial violation of a
specific provision of this title, and corrective action has not
been taken, the Governor shall—
</text>
<subparagraph id="ID6f79a6de4bf541bd884f0cd904dc9d82">
<enum>
(A)
</enum>
<text>
issue a notice of
intent to revoke approval of all or part of the local plan affected; or
</text>
</subparagraph>
<subparagraph id="ID80ad8436c6ef4b17bd6c73d4a51a273e">
<enum>
(B)
</enum>
<text>
impose a
reorganization plan, which may include—
</text>
<clause id="ID20134cf51b7047c88b63931642f45fb5">
<enum>
(i)
</enum>
<text>
decertifying the
local board involved;
</text>
</clause>
<clause id="ID5049acb8a5a1472db6cc24f64f7871fb">
<enum>
(ii)
</enum>
<text>
prohibiting the
use of eligible providers;
</text>
</clause>
<clause id="IDc3e03136d39f4926a57b14ebdece2df0">
<enum>
(iii)
</enum>
<text>
selecting an
alternative entity to administer the program for the local area
involved;
</text>
</clause>
<clause id="ID71fb64d93c0c425391542e97a88ce20a">
<enum>
(iv)
</enum>
<text>
merging the
local area into one or more other local areas; or
</text>
</clause>
<clause id="ID7428de7356f847828a32a580f2227c3b">
<enum>
(v)
</enum>
<text>
making
such other changes as the Secretary or Governor determines to be necessary to
secure compliance with the provision.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="IDe67acb92974b46cd85f58f5b718be3ab">
<enum>
(2)
</enum>
<header>
Appeal
</header>
<subparagraph id="ID0c6d637d227543678e495af99e307da2">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The actions taken by the Governor pursuant to
subparagraphs (A) and (B) of paragraph (1) may be appealed to the Secretary and
shall not become effective until—
</text>
<clause id="ID3f920c36c953421e95d4189269ef4084">
<enum>
(i)
</enum>
<text>
the
time for appeal has expired; or
</text>
</clause>
<clause id="IDcd02bc766bef4736ae8bc198f65bc007">
<enum>
(ii)
</enum>
<text>
the
Secretary has issued a decision.
</text>
</clause>
</subparagraph>
<subparagraph id="ID52e5ca1cbb93485e8a778d11351839d2">
<enum>
(B)
</enum>
<header>
Additional
requirement
</header>
<text>
The Secretary shall make a final decision under
subparagraph (A) not later than 45 days after the receipt of the appeal.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID780bf9b3eefd44738209408a289d775e">
<enum>
(3)
</enum>
<header>
Action by the
Secretary
</header>
<text>
If the Governor fails to take promptly an action
required under paragraph (1), the Secretary shall take such action.
</text>
</paragraph>
</subsection>
<subsection id="ID8bf108eaba604f0a92edcf8f767afc7d">
<enum>
(c)
</enum>
<header>
Repayment of
certain amounts to the United States
</header>
<paragraph id="IDc57175c71f4f490696fc8ca5772aaa1d">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Every recipient of funds under this title shall repay to
the United States amounts found not to have been expended in accordance with
this title.
</text>
</paragraph>
<paragraph id="IDea534a42df9b400dbb5703e95e15979c">
<enum>
(2)
</enum>
<header>
Offset of
repayment amount
</header>
<text>
If the Secretary determines that a State has
expended funds received under this title in a manner contrary to the
requirements of this title, the Secretary may
require repayment by offsetting the amount of such expenditures against any
other amount to which the State is or may be entitled under this title, except
as provided under subsection (d)(1).
</text>
</paragraph>
<paragraph id="ID6ebe5c6e8aa844fe9724c11aae5de50c">
<enum>
(3)
</enum>
<header>
Repayment from
deduction by State
</header>
<text>
If the Secretary requires a State to repay
funds as a result of a determination that a local area of the State has
expended funds in a manner contrary to the requirements of this title, the Governor
of the State may use an amount
deducted under paragraph (4) to repay the funds, except as provided under
subsection (e).
</text>
</paragraph>
<paragraph id="IDc231c3ec1c6447079fe0887b4b7f82fd">
<enum>
(4)
</enum>
<header>
Deduction by
State
</header>
<text>
The Governor may deduct an amount equal to the
misexpenditure described in paragraph (3) from subsequent program year
(subsequent to the program year for which the determination was made)
allocations to the local area from funds reserved for the administrative costs
of the local programs involved, as appropriate.
</text>
</paragraph>
<paragraph id="IDd5b917e4aec04a3886d9d970586840dc">
<enum>
(5)
</enum>
<header>
Limitations
</header>
<text>
A
deduction made by a State as described in paragraph (4) shall not be made until
such time as the Governor has taken appropriate corrective action to ensure
full compliance with this title within such
local area with regard to appropriate expenditures of funds under this
title.
</text>
</paragraph>
</subsection>
<subsection id="ID783952de918a41668b164ad7bf72328e">
<enum>
(d)
</enum>
<header>
Repayment of
amounts
</header>
<paragraph id="ID81a6c23801c940b48ac7e35a6150ac40">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Each recipient of funds under this title shall be liable
to repay the amounts described in subsection (c)(1), from funds other than
funds received under this title, upon a determination by the Secretary that the
misexpenditure of the amounts was due to willful disregard of the requirements
of this title, gross negligence, failure to
observe accepted standards of administration, or a pattern of misexpenditure
described in subsection (c)(1). No such determination shall be made under this
subsection or subsection (c) until notice and opportunity for a fair hearing
have been given to the recipient.
</text>
</paragraph>
<paragraph id="ID2d86d89afe8040799a0b1c8116e6c999">
<enum>
(2)
</enum>
<header>
Factors in
imposing sanctions
</header>
<text>
In determining whether to impose any sanction
authorized by this section against a recipient of funds under this title for
violations of this title (including applicable
regulations) by a subgrantee or contractor of such recipient, the Secretary
shall first determine whether such recipient has adequately demonstrated that
the recipient has—
</text>
<subparagraph id="IDf3920916995e492389d6b24dec782fd2">
<enum>
(A)
</enum>
<text>
established and
adhered to an appropriate system, for entering into and monitoring subgrant
agreements and contracts with subgrantees and contractors, that contains
acceptable standards for ensuring accountability;
</text>
</subparagraph>
<subparagraph id="ID00fb950a82534c55a164992a5a17abe5">
<enum>
(B)
</enum>
<text>
entered into a
written subgrant agreement or contract with such a subgrantee or contractor
that established clear goals and obligations in unambiguous terms;
</text>
</subparagraph>
<subparagraph id="ID0b159f18ce8e4080bb90e156681b0b54">
<enum>
(C)
</enum>
<text>
acted with due
diligence to monitor the implementation of the subgrant agreement or contract,
including carrying out the appropriate monitoring activities (including audits)
at reasonable intervals; and
</text>
</subparagraph>
<subparagraph id="ID34fb486d6e3d46ed9b1f97493a15ec46">
<enum>
(D)
</enum>
<text>
taken prompt and
appropriate corrective action upon becoming aware of any evidence of a
violation of this title, including regulations
issued under this title, by such subgrantee or
contractor.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID37a83689b44c4cce8bf6bcfa02bfa60b">
<enum>
(3)
</enum>
<header>
Waiver
</header>
<text>
If
the Secretary determines that the recipient has demonstrated substantial
compliance with the requirements of paragraph (2), the Secretary may waive the
imposition of sanctions authorized by this section upon such recipient. The
Secretary is authorized to impose any sanction consistent with the provisions
of this title and with any applicable Federal
or State law directly against any subgrantee or contractor for violation of
this title, including regulations issued under
this title.
</text>
</paragraph>
</subsection>
<subsection id="IDbe897221478a417fa367589d6036d887">
<enum>
(e)
</enum>
<header>
Immediate
termination or suspension of assistance in emergency
situations
</header>
<text>
In emergency situations, if the Secretary determines
it is necessary to protect the integrity of the funds or ensure the proper
operation of the program or activity involved, the Secretary may immediately
terminate or suspend financial assistance, in whole or in part, to the
recipient if the recipient is given prompt notice and the opportunity for a
subsequent hearing within 30 days after such termination or suspension. The
Secretary shall not delegate any of the functions or authority specified in
this subsection, other than to an officer whose appointment is required to be
made by and with the advice and consent of the Senate.
</text>
</subsection>
<subsection id="IDa316b985200148f29c1099882580382e">
<enum>
(f)
</enum>
<header>
Discrimination
against participants
</header>
<text>
If the Secretary determines that any
recipient under this title has discharged or in any other manner discriminated
against a participant or against any individual in connection with the
administration of the program involved, or against any individual because such
individual has filed any complaint or instituted or caused to be instituted any
proceeding under or related to this title, or has testified or is about to
testify in any such proceeding or an investigation under or related to this
title, or otherwise unlawfully denied to any individual a benefit to which that
individual is entitled under the provisions of this title, including
regulations issued under this title, the Secretary shall, within 30 days, take
such action or order such corrective measures, as necessary, with respect to
the recipient or the aggrieved individual, or both.
</text>
</subsection>
<subsection id="ID9fe089ce9b394851997136dbd1ddf495">
<enum>
(g)
</enum>
<header>
Remedies
</header>
<text>
The
remedies described in this section shall not be considered to be the exclusive
remedies available for violations described in this section.
</text>
</subsection>
</section>
<section id="ID0239b899a3ba4aada51fba4ac2801253">
<enum>
185.
</enum>
<header>
Reports;
recordkeeping; investigations
</header>
<subsection id="IDb7fec970ddd84fbc91453432b684fa5b">
<enum>
(a)
</enum>
<header>
Recipient
recordkeeping and reports
</header>
<paragraph id="IDc054ae52e7214afd8ce8d15190aa4b76">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Recipients of funds under this title shall keep records
that are sufficient to permit the preparation of reports required by this title
and to permit the tracing of funds to a level of
expenditure adequate to ensure that the funds have not been spent
unlawfully.
</text>
</paragraph>
<paragraph id="ID22f3057f54ae4056814ebd17bbca4e99">
<enum>
(2)
</enum>
<header>
Records and
reports regarding general performance
</header>
<text>
Every such recipient shall
maintain such records and submit such reports, in such form and containing such
information, as the Secretary may require regarding the performance of programs
and activities carried out under this title. Such records and reports shall be
submitted to the Secretary but shall not be required to be submitted more than
once each quarter unless specifically requested by Congress or a committee of
Congress, in which case an estimate regarding such information may be
provided.
</text>
</paragraph>
<paragraph id="IDb16bd0b38e35481db413a1ed761f5def">
<enum>
(3)
</enum>
<header>
Maintenance of
standardized records
</header>
<text>
In order to allow for the preparation of the
reports required under subsection (c), such recipients shall maintain
standardized records for all individual participants and provide to the
Secretary a sufficient number of such records to provide for an adequate
analysis of the records.
</text>
</paragraph>
<paragraph id="ID01a31434e4fc4308abf7abdfbacb30dd">
<enum>
(4)
</enum>
<header>
Availability to
the public
</header>
<subparagraph id="ID880215590c9c44f196068570b8f361bc">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Except as provided in subparagraph (B), records
maintained by such recipients pursuant to this subsection shall be made
available to the public upon request.
</text>
</subparagraph>
<subparagraph id="IDe44770c26f414b9c9ae0708935e88ef0">
<enum>
(B)
</enum>
<header>
Exception
</header>
<text>
Subparagraph
(A) shall not apply to—
</text>
<clause id="ID9e537bb9779e42e9ac93c37b1c5cf1c2">
<enum>
(i)
</enum>
<text>
information, the
disclosure of which would constitute a clearly unwarranted invasion of personal
privacy; and
</text>
</clause>
<clause id="ID007ec0569b09438e88eacfe71f058df2">
<enum>
(ii)
</enum>
<text>
trade
secrets, or commercial or financial information, that is—
</text>
<subclause id="id6B4C1747B4BA4EDCB8339C88F684FBF8">
<enum>
(I)
</enum>
<text>
obtained from a
person; and
</text>
</subclause>
<subclause id="id472A1EC815464053A27C24B8BDF558AA">
<enum>
(II)
</enum>
<text>
privileged or
confidential.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="ID5a39fb7b02bb4f86977ef1add127de1a">
<enum>
(C)
</enum>
<header>
Fees to recover
costs
</header>
<text>
Such recipients may charge fees sufficient to recover costs
applicable to the processing of requests for records under subparagraph
(A).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="IDbc6b7a715df44f20bc457fe28942a940">
<enum>
(b)
</enum>
<header>
Investigations
of use of funds
</header>
<paragraph id="ID431f6600e03144f0b87825fc4e90afc4">
<enum>
(1)
</enum>
<header>
In
general
</header>
<subparagraph id="ID055b8cb0055a408b8b9eff2799709ea4">
<enum>
(A)
</enum>
<header>
Secretary
</header>
<text>
In
order to evaluate compliance with the provisions of this title, the Secretary shall
conduct, in several States, in each
fiscal year, investigations of the use of funds received by recipients under
this title.
</text>
</subparagraph>
<subparagraph id="IDcfb52f77bfa24fa39888866473eab303">
<enum>
(B)
</enum>
<header>
Comptroller
general of the United States
</header>
<text>
In order to ensure compliance with
the provisions of this title, the Comptroller
General of the United States may conduct investigations of the use of funds
received under this title by any recipient.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID5f1695d6051b4d84920c2815c4501b61">
<enum>
(2)
</enum>
<header>
Prohibition
</header>
<text>
In
conducting any investigation under this title, the Secretary or the Comptroller
General of the United States may not request the compilation of any information
that the recipient is not otherwise required to compile and that is not readily
available to such recipient.
</text>
</paragraph>
<paragraph id="ID6585e4e18b2c432a8d7e4730eee3d13e">
<enum>
(3)
</enum>
<header>
Audits
</header>
<subparagraph id="IDcc072a407219482388d935202fbc9255">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
In carrying out any audit under this title (other than
any initial audit survey or any audit investigating possible criminal or
fraudulent conduct), either directly or through grant or contract, the
Secretary, the Inspector General of the Department of Labor, or the Comptroller
General of the United States shall furnish to the State, recipient, or other
entity to be audited, advance notification of the overall objectives and
purposes of the audit, and any extensive recordkeeping or data requirements to
be met, not later than 14 days (or as soon as practicable) prior to the
commencement of the audit.
</text>
</subparagraph>
<subparagraph id="ID0a30ffb6671e4e8696dfa9db87e86a43">
<enum>
(B)
</enum>
<header>
Notification
requirement
</header>
<text>
If the scope, objectives, or purposes of the audit
change substantially during the course of the audit, the entity being audited
shall be notified of the change as soon as practicable.
</text>
</subparagraph>
<subparagraph id="IDc085f5bf643e491a81fb14242fa6b535">
<enum>
(C)
</enum>
<header>
Additional
requirement
</header>
<text>
The reports on the results of such audits shall cite
the law, regulation, policy, or other criteria applicable to any finding
contained in the reports.
</text>
</subparagraph>
<subparagraph id="IDf534bfb2a1b04b23bf89311f17f678a6">
<enum>
(D)
</enum>
<header>
Rule of
construction
</header>
<text>
Nothing contained in this title shall be construed
so as to be inconsistent with the Inspector General Act of 1978 (5 U.S.C. App.)
or government auditing standards issued by the Comptroller General of the
United States.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="ID184767996bc0499999763593099daf39">
<enum>
(c)
</enum>
<header>
Grantee
information responsibilities
</header>
<text>
Each State, each local board, and
each recipient (other than a subrecipient, subgrantee, or contractor of a
recipient) receiving funds under this title—
</text>
<paragraph id="IDf6b981b4e1c54d75aee70ea9a6d0019f">
<enum>
(1)
</enum>
<text>
shall make
readily accessible such reports concerning its operations and expenditures as
shall be prescribed by the Secretary;
</text>
</paragraph>
<paragraph id="ID1e2694172915452fac8bb3e45bb4d375">
<enum>
(2)
</enum>
<text>
shall prescribe
and maintain comparable management information systems, in accordance with
guidelines that shall be prescribed by the Secretary, designed to facilitate
the uniform compilation, cross tabulation, and analysis of programmatic,
participant, and financial data, on statewide, local area, and other
appropriate bases, necessary for reporting, monitoring, and evaluating
purposes, including data necessary to comply with section 188;
</text>
</paragraph>
<paragraph id="ID25f4f2eff60c4fa7b4e8cc486f9d2505">
<enum>
(3)
</enum>
<text>
shall monitor the
performance of providers in complying with the terms of grants, contracts, or
other agreements made pursuant to this title; and
</text>
</paragraph>
<paragraph id="ID8fcafd4af10041059e0e60e99927c275">
<enum>
(4)
</enum>
<text>
shall, to the
extent practicable, submit or make available (including through electronic
means) any reports, records, plans, or any other data that are required to be
submitted or made available, respectively, under this title.
</text>
</paragraph>
</subsection>
<subsection id="ID641073e290f849d28177b575d2a1aed7">
<enum>
(d)
</enum>
<header>
Information To
be included in reports
</header>
<paragraph id="ID72641e4ee850443388e5cbb08c2751ca">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The reports required in subsection (c) shall include
information regarding programs and activities carried out under this title
pertaining to—
</text>
<subparagraph id="ID4aecc230617e4bd997d8a8a79b522048">
<enum>
(A)
</enum>
<text>
the relevant
demographic characteristics (including race, ethnicity, sex, and age) and other
related information regarding participants;
</text>
</subparagraph>
<subparagraph id="ID94e51972238241d9b60fcf6fc8e4c89e">
<enum>
(B)
</enum>
<text>
the programs and
activities in which participants are enrolled, and the length of time that
participants are engaged in such programs and activities;
</text>
</subparagraph>
<subparagraph id="ID34d0d10faae44775b08bf9f1f5e07ad6">
<enum>
(C)
</enum>
<text>
outcomes of the
programs and activities for participants, including the occupations of
participants, and placement for participants in nontraditional
employment;
</text>
</subparagraph>
<subparagraph id="IDf7b1ad80cbca41b28919cec21b2cbc34">
<enum>
(D)
</enum>
<text>
specified costs
of the programs and activities; and
</text>
</subparagraph>
<subparagraph id="ID04074c75d9564bffa63a3854b2e8b53e">
<enum>
(E)
</enum>
<text>
information
necessary to prepare reports to comply with section 188.
</text>
</subparagraph>
</paragraph>
<paragraph id="IDde58f1e2fe284d91b8a920307a53ebc3">
<enum>
(2)
</enum>
<header>
Additional
requirement
</header>
<text>
The Secretary shall ensure that all elements of the
information required for the reports described in paragraph (1) are defined and
that the information is reported uniformly.
</text>
</paragraph>
</subsection>
<subsection id="IDc3ad6dabc73849caa9e6d8eb7a9a0f9f">
<enum>
(e)
</enum>
<header>
Quarterly
financial reports
</header>
<paragraph id="ID6f9e4c5347d3481ba6cc537190d90b18">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Each local board in a State shall submit quarterly
financial reports to the Governor with respect to programs and activities
carried out under this title. Such reports shall include information
identifying all program and activity costs by cost category in accordance with
generally accepted accounting principles and by year of the appropriation
involved.
</text>
</paragraph>
<paragraph id="ide176a54436c84ce4b3f2b41a569c5d7b">
<enum>
(2)
</enum>
<header>
Additional requirement
</header>
<text>
Each State shall submit to the Secretary, and the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and the
Committee on
Education and the Workforce of the House of Representatives, on a
quarterly basis, a summary of the reports submitted to the Governor
pursuant to paragraph (1).
</text>
</paragraph>
</subsection>
<subsection id="IDb10c409eb9774d1b95eae379d12cc9ee">
<enum>
(f)
</enum>
<header>
Maintenance of
additional records
</header>
<text>
Each State and local board shall maintain
records with respect to programs and activities carried out under this title
that identify—
</text>
<paragraph id="IDff57a931bd724c76aaa2356955b9be3b">
<enum>
(1)
</enum>
<text>
any
income or profits earned, including such income or profits earned by
subrecipients; and
</text>
</paragraph>
<paragraph id="ID667abc32275645c1b93ba98271cea73b">
<enum>
(2)
</enum>
<text>
any
costs incurred (such as stand-in costs) that are otherwise allowable except for
funding limitations.
</text>
</paragraph>
</subsection>
<subsection id="ID33a974764e774a649bab957a4062ed14">
<enum>
(g)
</enum>
<header>
Cost
categories
</header>
<text>
In requiring entities to maintain records of costs by
cost category under this title, the Secretary shall require only that the costs
be categorized as administrative or programmatic costs.
</text>
</subsection>
</section>
<section id="ID4512b45be4d747feab7d1abf8b3676e6">
<enum>
186.
</enum>
<header>
Administrative
adjudication
</header>
<subsection id="IDd2ab18ede0984761b3b21b97c9ef3eec">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Whenever any applicant for financial assistance under
this title is dissatisfied because the Secretary has made a determination not
to award financial assistance in whole or in part to such applicant, the
applicant may request a hearing before an administrative law judge of the
Department of Labor. A similar hearing may also be requested by any recipient
for whom a corrective action has been required or a sanction has been imposed
by the Secretary under section 184.
</text>
</subsection>
<subsection id="ID110342138a334971b01e67fd0e80cd09">
<enum>
(b)
</enum>
<header>
Appeal
</header>
<text>
The
decision of the administrative law judge shall constitute final action by the
Secretary unless, within 20 days after receipt of the decision of the
administrative law judge, a party dissatisfied with the decision or any part of
the decision has filed exceptions with the Secretary specifically identifying
the procedure, fact, law, or policy to which exception is taken. Any exception
not specifically urged during the 20-day period shall be deemed to have been
waived. After the 20-day period the decision of the administrative law judge
shall become the final decision of the Secretary unless the Secretary, within
30 days after such filing, notifies the parties that the case involved has been
accepted for review.
</text>
</subsection>
<subsection id="ID987f6f1df5c34f22b84ccf4009cf1902">
<enum>
(c)
</enum>
<header>
Time
limit
</header>
<text>
Any case accepted for review by the Secretary under
subsection (b) shall be decided within 180 days after such acceptance. If the
case is not decided within the 180-day period, the decision of the
administrative law judge shall become the final decision of the Secretary at
the end of the 180-day period.
</text>
</subsection>
<subsection id="ID8840c394353b48619a210a68f98e66b7">
<enum>
(d)
</enum>
<header>
Additional
requirement
</header>
<text>
The provisions of section 187 shall apply to any
final action of the Secretary under this section.
</text>
</subsection>
</section>
<section id="IDc675c8289761461884cb5cae97fcb890">
<enum>
187.
</enum>
<header>
Judicial
review
</header>
<subsection id="ID8adbac7980d1484f8d5315f9cc7eedd1">
<enum>
(a)
</enum>
<header>
Review
</header>
<paragraph id="ID91d2aabe1618412393903eec7170b52a">
<enum>
(1)
</enum>
<header>
Petition
</header>
<text>
With
respect to any final order by the Secretary under section 186 by which the
Secretary awards, declines to award, or only conditionally awards, financial
assistance under this title, or any final order of the Secretary under section 186
with respect to a corrective action or sanction imposed under section 184,
any party to a proceeding that resulted in such final order may obtain review
of such final order in the United States Court of Appeals having jurisdiction
over the applicant for or recipient of the funds involved, by filing a review
petition within 30 days after the date of issuance of such final order.
</text>
</paragraph>
<paragraph id="ID4ce306b190fd4dd78ff4c140ba2af694">
<enum>
(2)
</enum>
<header>
Action on
petition
</header>
<text>
The clerk of the court shall transmit a copy of the
review petition to the Secretary, who shall file the record on which the final
order was entered as provided in
<external-xref legal-doc="usc" parsable-cite="usc/28/2112">
section 2112
</external-xref>
of title 28, United States Code.
The filing of a review petition shall not stay the order of the Secretary,
unless the court orders a stay. Petitions filed under this subsection shall be
heard expeditiously, if possible within 10 days after the date of filing of a
reply to the petition.
</text>
</paragraph>
<paragraph id="ID8cb23832c2b54b49bcaa9af908ea1471">
<enum>
(3)
</enum>
<header>
Standard and
scope of review
</header>
<text>
No objection to the order of the Secretary shall
be considered by the court unless the objection was specifically urged, in a
timely manner, before the Secretary. The review shall be limited to questions
of law and the findings of fact of the Secretary shall be conclusive if
supported by substantial evidence.
</text>
</paragraph>
</subsection>
<subsection id="IDd7e5294aaea8435382c1eaaf31373075">
<enum>
(b)
</enum>
<header>
Judgment
</header>
<text>
The
court shall have jurisdiction to make and enter a decree affirming, modifying,
or setting aside the order of the Secretary in whole or in part. The judgment
of the court regarding the order shall be final, subject to certiorari review
by the Supreme Court as provided in
<external-xref legal-doc="usc" parsable-cite="usc/28/1254">
section 1254(1)
</external-xref>
of title 28, United States
Code.
</text>
</subsection>
</section>
<section id="ID40243fa4e7d7404fb8f44f7689502645">
<enum>
188.
</enum>
<header>
Nondiscrimination
</header>
<subsection id="IDb7e37f1b52404e57b541ec969e06b0ff">
<enum>
(a)
</enum>
<header>
In
general
</header>
<paragraph id="IDeeb5f3478cec41d7925b79e83d307388">
<enum>
(1)
</enum>
<header>
Federal
financial assistance
</header>
<text>
For the purpose of applying the prohibitions
against discrimination on the basis of age under the Age Discrimination Act of
1975 (
<external-xref legal-doc="usc" parsable-cite="usc/42/6101">
42 U.S.C. 6101 et seq.
</external-xref>
), on the basis of disability under section 504 of
the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/794">
29 U.S.C. 794
</external-xref>
), on the basis of sex under title
IX of the Education Amendments of 1972 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1681">
20 U.S.C. 1681 et seq.
</external-xref>
), or on the
basis of race, color, or national origin under title VI of the Civil Rights Act
of 1964 (
<external-xref legal-doc="usc" parsable-cite="usc/42/2000d">
42 U.S.C. 2000d et seq.
</external-xref>
), programs and activities funded or otherwise
financially assisted in whole or in part under this Act are considered to be
programs and activities receiving Federal financial assistance.
</text>
</paragraph>
<paragraph id="IDec625e3c50014acf9d0f3578678d1682">
<enum>
(2)
</enum>
<header>
Prohibition of
discrimination regarding participation, benefits, and
employment
</header>
<text>
No individual shall be excluded from participation in,
denied the benefits of, subjected to discrimination under, or denied employment
in the administration of or in connection with, any such program or activity
because of race, color, religion, sex (except as otherwise permitted under
title IX of the Education Amendments of 1972), national origin, age,
disability, or political affiliation or belief.
</text>
</paragraph>
<paragraph id="IDbab9eb9c52934dde8206e24379413244">
<enum>
(3)
</enum>
<header>
Prohibition on
assistance for facilities for sectarian instruction or religious
worship
</header>
<text>
Participants shall not be employed under this title to carry out the construction, operation, or
maintenance
of any part of any facility that is used or to be used for sectarian
instruction or as a place for religious worship (except with respect to the
maintenance of a facility that is not primarily or inherently devoted to
sectarian instruction or religious worship, in a case in which the organization
operating the facility is part of a program or activity providing services to
participants).
</text>
</paragraph>
<paragraph id="ID9390e89ea8ac4bdf88d63b6871d7ca16">
<enum>
(4)
</enum>
<header>
Prohibition on
discrimination on basis of participant status
</header>
<text>
No person may
discriminate against an individual who is a participant in a program or
activity that receives funds under this title, with
respect to the terms and conditions affecting, or rights provided to, the
individual, solely because of the status of the individual as a
participant.
</text>
</paragraph>
<paragraph id="ID9faaf1c3449e47bfbb03a55cba755d38">
<enum>
(5)
</enum>
<header>
Prohibition on
discrimination against certain noncitizens
</header>
<text>
Participation in
programs and activities or receiving funds under this title shall be available
to citizens and nationals of the United States, lawfully admitted permanent
resident aliens, refugees, asylees, and parolees, and other immigrants
authorized by the Attorney General to work in the United States.
</text>
</paragraph>
</subsection>
<subsection id="ID546d1771d0a44d6b94da78f364182a75">
<enum>
(b)
</enum>
<header>
Action of
Secretary
</header>
<text>
Whenever the Secretary finds that a State or other
recipient of funds under this title has failed to comply with a provision of
law referred to in subsection (a)(1), or with paragraph (2), (3), (4), or (5)
of subsection (a), including an applicable regulation prescribed to carry out
such provision or paragraph, the Secretary shall notify such State or recipient
and shall request that the State or recipient comply. If within a reasonable
period of time, not to exceed 60 days, the State or recipient fails or refuses
to comply, the Secretary may—
</text>
<paragraph id="IDf0a7c21ec4384e6d99f720322e51908a">
<enum>
(1)
</enum>
<text>
refer the matter
to the Attorney General with a recommendation that an appropriate civil action
be instituted; or
</text>
</paragraph>
<paragraph id="IDcdcf44d0a84a42e683224c553242a50a">
<enum>
(2)
</enum>
<text>
take
such other action as may be provided by law.
</text>
</paragraph>
</subsection>
<subsection id="ID66b8366a47e44d2dab489b4c33224cc5">
<enum>
(c)
</enum>
<header>
Action of
attorney general
</header>
<text>
When a matter is referred to the Attorney
General pursuant to subsection (b)(1), or whenever the Attorney General has
reason to believe that a State or other recipient of funds under this title is
engaged in a pattern or practice of discrimination in violation of a provision
of law referred to in subsection (a)(1) or in violation of paragraph (2), (3),
(4), or (5) of subsection (a), the Attorney General may bring a civil action in
any appropriate district court of the United States for such relief as may be
appropriate, including injunctive relief.
</text>
</subsection>
<subsection id="ID8decea3b800b4e54b87a0272b117d54e">
<enum>
(d)
</enum>
<header>
Job
corps
</header>
<text>
For the purposes of this section, Job Corps members shall
be considered to be the ultimate beneficiaries of Federal financial
assistance.
</text>
</subsection>
<subsection id="ID5c29ba1e674843069bfd91f90e68344b">
<enum>
(e)
</enum>
<header>
Regulations
</header>
<text>
The
Secretary shall issue regulations necessary to implement this section not later
than 1 year after the date of enactment of the Workforce Innovation and Opportunity
Act. Such regulations shall adopt standards for determining
discrimination and
procedures for enforcement that are consistent with the Acts referred to in
subsection (a)(1), as well as procedures to ensure that complaints filed under
this section and such Acts are processed in a manner that avoids duplication of
effort.
</text>
</subsection>
</section>
<section id="ID363cc0c4d83947e6bc97c4a0d31274a6">
<enum>
189.
</enum>
<header>
Secretarial
administrative authorities and responsibilities
</header>
<subsection id="ID8de4043363714cf6ab5da1f7bef73927">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
In accordance with
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/5">
chapter 5
</external-xref>
of title 5, United States
Code, the Secretary may prescribe rules and regulations to carry out this title,
only to the extent
necessary to administer and ensure compliance with the requirements of this
title. Such rules and regulations may include provisions
making adjustments authorized by
<external-xref legal-doc="usc" parsable-cite="usc/31/6504">
section 6504
</external-xref>
of title 31, United States Code.
All such rules and regulations shall be published in the Federal Register at
least 30 days prior to their effective dates. Copies of each such rule or
regulation shall be transmitted to the appropriate committees of Congress on
the date of such publication and shall contain, with respect to each material
provision of such rule or regulation, a citation to the particular substantive
section of law that is the basis for the provision.
</text>
</subsection>
<subsection id="ID28dc285d96fa4a6883fd5a0a4a53e60d">
<enum>
(b)
</enum>
<header>
Acquisition of
certain property and services
</header>
<text>
The Secretary is authorized, in
carrying out this title, to accept, purchase, or lease in the name of the
Department of Labor, and employ or dispose of in furtherance of the purposes of
this title, any money or property, real, personal, or mixed, tangible or
intangible, received by gift, devise, bequest, or otherwise, and to accept
voluntary and uncompensated services notwithstanding the provisions of section
1342 of title 31, United States Code.
</text>
</subsection>
<subsection id="ID7a6bb6a05d0745869efccb6dcc191e1b">
<enum>
(c)
</enum>
<header>
Authority To
enter into certain agreements and To make certain
expenditures
</header>
<text>
The Secretary may make such grants, enter into such
contracts or agreements, establish such procedures, and make such payments, in
installments and in advance or by way of reimbursement, or otherwise allocate
or expend such funds under this title, as may be necessary to carry out this
title, including making expenditures for construction, repairs, and capital
improvements, and including making necessary adjustments in payments on account
of over-payments or underpayments.
</text>
</subsection>
<subsection id="ID631b538f302246d28d1b74dd3902341e">
<enum>
(d)
</enum>
<header>
Annual
report
</header>
<text>
The Secretary shall prepare and submit to the Committee on
Education and the Workforce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate an annual report
regarding the programs and activities funded under this title. The Secretary
shall include in such report—
</text>
<paragraph id="IDff53fe5f1f2344e386f3b6293851c634">
<enum>
(1)
</enum>
<text>
a
summary of the achievements, failures, and challenges of the programs and
activities in meeting the objectives of this title;
</text>
</paragraph>
<paragraph id="IDe7d238d78098452aadde895554bc317e">
<enum>
(2)
</enum>
<text>
a
summary of major findings from research, evaluations, pilot projects, and
experiments conducted under this title in the fiscal year prior to the
submission of the report;
</text>
</paragraph>
<paragraph id="ID2a456f170d6b47e9b0560cbf896fdfa4">
<enum>
(3)
</enum>
<text>
recommendations
for modifications in the programs and activities based on analysis of such
findings; and
</text>
</paragraph>
<paragraph id="IDce55d540fc3f43519b6cae4c4dfc9c4b">
<enum>
(4)
</enum>
<text>
such
other recommendations for legislative or administrative action as the Secretary
determines to be appropriate.
</text>
</paragraph>
</subsection>
<subsection id="ID18f63bb66fd84991a6c4aa04800aabf6">
<enum>
(e)
</enum>
<header>
Utilization of
services and facilities
</header>
<text>
The Secretary is authorized, in carrying
out this title, under the same procedures as
are applicable under subsection (c) or to the extent permitted by law other
than this title, to accept and use the services and
facilities of departments, agencies, and establishments of the United States.
The Secretary is also authorized, in carrying out this title, to accept and use the
services and facilities of the agencies of any
State or political subdivision of a State, with the consent of the State or
political subdivision.
</text>
</subsection>
<subsection id="IDcee18e1f8e5d4a5da7cc63170933961d">
<enum>
(f)
</enum>
<header>
Obligational
authority
</header>
<text>
Notwithstanding any other provision of this title, the
Secretary shall have no authority to enter into contracts, grant agreements, or
other financial assistance agreements under this title, except to such extent
and in such amounts as are provided in advance in appropriations Acts.
</text>
</subsection>
<subsection id="ID2e2c0e3ae2cd4a5faa567f58a8c09cac">
<enum>
(g)
</enum>
<header>
Program
year
</header>
<paragraph id="ID7293c21ed7c840d99d295e0406bad1eb">
<enum>
(1)
</enum>
<header>
In
general
</header>
<subparagraph id="ID92cc72d8e97f4b21ad4c546bacc090c8">
<enum>
(A)
</enum>
<header>
Program
year
</header>
<text>
Except as provided in subparagraph (B),
appropriations for any fiscal year for programs and activities funded under
this title shall be available for obligation only on the basis of a program
year. The program year shall begin on July 1 in the fiscal year for which the
appropriation is made.
</text>
</subparagraph>
<subparagraph id="ID9fa93bb900774ebc991a9150370f4bc4">
<enum>
(B)
</enum>
<header>
Youth workforce
investment activities
</header>
<text>
The Secretary may make available for
obligation, beginning April 1 of any fiscal year, funds appropriated for such
fiscal year to carry out youth workforce investment activities under subtitle B and
activities under section 171.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID7cc30e3cedc04378a69159275c37cec9">
<enum>
(2)
</enum>
<header>
Availability
</header>
<subparagraph id="id0DC3F558069B46068C6A7A5BEF8233FD">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Funds obligated for any program year for a program or
activity funded under subtitle B may be expended by each State receiving such
funds during that program year and the 2 succeeding program years. Funds
received by local areas from States under subtitle B during a program year may
be expended during that program year and the succeeding program year.
</text>
</subparagraph>
<subparagraph id="id657D039FBFB94556BBCE887D2A9D52DB">
<enum>
(B)
</enum>
<header>
Certain
national activities
</header>
<clause id="id283AC270AEC14A3199DA0B56E5E7E717">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
Funds obligated for any program year for any program or
activity carried out under section 169 shall remain available until
expended.
</text>
</clause>
<clause id="id3CF5FBDC8B4C47ACA6828A2F81B217FB">
<enum>
(ii)
</enum>
<header>
Incremental
funding basis
</header>
<text>
A contract or arrangement entered into under the
authority of subsection (a) or (b) of section 169 (relating to evaluations,
research projects, studies and reports, and multistate projects), including a
long-term, nonseverable services contract, may be funded on an incremental
basis with annual appropriations or other available funds.
</text>
</clause>
</subparagraph>
<subparagraph id="idCA995367DBE147B9913B0217B3E9F34D">
<enum>
(C)
</enum>
<header>
Special
rule
</header>
<text>
No amount of the funds obligated for a program year for a
program or activity funded under this title shall be deobligated on account of
a rate of expenditure that is consistent with a State plan, an operating plan
described in section 151, or a plan, grant agreement, contract, application, or
other agreement described in subtitle D, as appropriate.
</text>
</subparagraph>
<subparagraph id="ide9a10dd6d60544a4ac6ec1be44c2db3b">
<enum>
(D)
</enum>
<header>
Funds for pay-for-performance contract strategies
</header>
<text>
Funds used to carry out pay-for-performance contract strategies by local areas shall remain
available until expended.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="ID6f51ff0e03834e61aef1aa82b9c5ddb5">
<enum>
(h)
</enum>
<header>
Enforcement of
Military Selective Service Act
</header>
<text>
The Secretary shall ensure that
each individual participating in any program or activity established under this
title, or receiving any assistance or benefit under this title, has not
violated section 3 of the Military Selective Service Act (
<external-xref legal-doc="usc-appendix" parsable-cite="usc-appendix/50/453">
50 U.S.C. App. 453
</external-xref>
)
by not presenting and submitting to registration as required pursuant to such
section. The Director of the Selective Service System shall cooperate with the
Secretary to enable the Secretary to carry out this subsection.
</text>
</subsection>
<subsection id="id2478A5AA0EA541EC9589F6536A590AE6">
<enum>
(i)
</enum>
<header>
Waivers
</header>
<paragraph id="IDdec0405d5aa14c62a151d618cad0d4b8">
<enum>
(1)
</enum>
<header>
Special rule
regarding designated areas
</header>
<text>
A State that has enacted, not later
than December 31, 1997, a State law providing for the designation of service
delivery areas for the delivery of workforce investment activities, may use
such areas as local areas under this title, notwithstanding section 106.
</text>
</paragraph>
<paragraph id="IDbbfab037496d4f37aa7d4e15cb268dc1">
<enum>
(2)
</enum>
<header>
Special rule
regarding sanctions
</header>
<text>
A State that has enacted, not later than December
31, 1997, a State law providing for the sanctioning of such service delivery
areas for failure to meet performance accountability measures for workforce
investment
activities, may use the State law to sanction local areas for failure to meet
State performance accountability measures under this title.
</text>
</paragraph>
<paragraph id="IDabc712bce4f944478760070b4ca0c14c">
<enum>
(3)
</enum>
<header>
General waivers
of statutory or regulatory requirements
</header>
<subparagraph id="id2E80ADFA820B46CA8625A36AE19C6F80">
<enum>
(A)
</enum>
<header>
General
authority
</header>
<text>
Notwithstanding any other provision of law, the
Secretary may waive for a State, or a local area in a State, pursuant to a
request submitted by the Governor of the State (in consultation with
appropriate local elected officials) with a plan that meets the requirements of
subparagraph (B)—
</text>
<clause id="IDa232ad1c81b546fa930805736f9874ce">
<enum>
(i)
</enum>
<text>
any of
the statutory or regulatory requirements of subtitle A, subtitle B, or this
subtitle (except for requirements relating to wage and
labor standards, including nondisplacement protections, worker rights,
participation and protection of workers and participants, grievance procedures
and judicial review, nondiscrimination, allocation of funds to local areas,
eligibility of providers or participants, the establishment and functions of
local areas and local boards, the funding of infrastructure costs for one-stop
centers, and procedures for review and approval of plans, and other
requirements relating to the basic purposes of this title);
and
</text>
</clause>
<clause id="ID9e677050b708450293b0f67ddb478194">
<enum>
(ii)
</enum>
<text>
any of
the statutory or regulatory requirements of sections 8 through 10 of the
Wagner-Peyser Act (29 U.S.C. 49g through 49i) (excluding requirements relating
to the provision of services to unemployment insurance claimants and veterans,
and requirements relating to universal access to basic labor exchange services
without cost to jobseekers).
</text>
</clause>
</subparagraph>
<subparagraph id="IDea3918c4cb7241b0841446ed26f5dd76">
<enum>
(B)
</enum>
<header>
Requests
</header>
<text>
A
Governor requesting a waiver under subparagraph (A) shall submit a plan to the
Secretary to improve the statewide workforce development system that—
</text>
<clause id="ID57a2a1105bf64cd380553c8e8c63f2e6">
<enum>
(i)
</enum>
<text>
identifies the
statutory or regulatory requirements that are requested to be waived and the
goals that the State or local area in the State, as appropriate, intends to
achieve as a result of the waiver;
</text>
</clause>
<clause id="ID546fbabf60254531852e105d24ceb9b3">
<enum>
(ii)
</enum>
<text>
describes the
actions that the State or local area, as appropriate, has undertaken to remove
State or local statutory or regulatory barriers;
</text>
</clause>
<clause id="IDfeed4389d20a4f478cea282dcd34f0fb">
<enum>
(iii)
</enum>
<text>
describes the
goals of the waiver and the expected programmatic outcomes if the request is
granted;
</text>
</clause>
<clause id="ID02fc1df62e48462c9b0258816eaaef96">
<enum>
(iv)
</enum>
<text>
describes the
individuals impacted by the waiver; and
</text>
</clause>
<clause id="ID0b3e13d899cc4ac9967865f8cb44e60a">
<enum>
(v)
</enum>
<text>
describes the
process used to monitor the progress in implementing such a waiver, and the
process by which notice and, in the case of a waiver for a local area, an
opportunity to comment on such request has been provided to the local board for
the local area for which the waiver is requested.
</text>
</clause>
</subparagraph>
<subparagraph id="ID7496b66b70a343a097521cf9ed5c18e9">
<enum>
(C)
</enum>
<header>
Conditions
</header>
<text>
Not
later than 90 days after the date of the original submission of a request for a
waiver under subparagraph (A), the Secretary shall provide a waiver under this
subsection if and only to the extent that—
</text>
<clause id="IDd88aa3cbb1fe4a6b8ab7fe834e971164">
<enum>
(i)
</enum>
<text>
the
Secretary determines that the requirements requested to be waived impede the
ability of the State or local area, as appropriate, to implement the plan
described in subparagraph (B); and
</text>
</clause>
<clause id="IDe7e5e636e7ad45bcb7e9eb7d03955c01">
<enum>
(ii)
</enum>
<text>
the
State has executed a memorandum of understanding with the Secretary requiring
such State to meet, or ensure that the local area for which the waiver is
requested meets, agreed-upon outcomes and to implement other appropriate
measures to ensure accountability.
</text>
</clause>
</subparagraph>
<subparagraph id="IDee31ef75e9224ce6884d9942b697e066">
<enum>
(D)
</enum>
<header>
Expedited
determination regarding provision of waivers
</header>
<text>
If the Secretary has
approved a waiver of statutory or regulatory requirements for a State or local
area pursuant to this subsection, the Secretary shall expedite the
determination regarding the provision of that waiver, for another State or
local area if such waiver is in accordance with the approved State or local
plan, as appropriate.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="ID92f5204941e04b8f8de1f8f78e69315b">
<enum>
190.
</enum>
<header>
Workforce
flexibility plans
</header>
<subsection id="IDe27dd3228198487cbcd381f424bbf700">
<enum>
(a)
</enum>
<header>
Plans
</header>
<text>
A
State may submit to the Secretary, and the Secretary may approve, a workforce
flexibility plan under which the State is authorized to waive, in accordance
with the plan—
</text>
<paragraph id="ID4de40f60d8b54a3cad4764345ded9e1f">
<enum>
(1)
</enum>
<text>
any
of the statutory or regulatory requirements applicable under this title to local
areas, pursuant to applications for such
waivers from the local areas, except for requirements relating to the basic
purposes of this title, wage and labor standards, grievance
procedures and judicial review, nondiscrimination, eligibility of participants,
allocation of funds to local areas, establishment and functions of local areas
and local boards, procedures for review and approval of local plans, and worker
rights, participation, and protection;
</text>
</paragraph>
<paragraph id="IDb0d7e3f268af4dab905d1aa87480a941">
<enum>
(2)
</enum>
<text>
any
of the statutory or regulatory requirements applicable under sections 8 through
10 of the Wagner-Peyser Act (29 U.S.C. 49g through 49i) to the State (excluding
requirements relating to the provision of services to unemployment insurance
claimants and veterans, and requirements relating to universal access to basic
labor exchange services without cost to jobseekers); and
</text>
</paragraph>
<paragraph id="ID621ed79e8fe143d7adc45485b2d08b22">
<enum>
(3)
</enum>
<text>
any
of the statutory or regulatory requirements applicable under the Older
Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3001">
42 U.S.C. 3001 et seq.
</external-xref>
) to State agencies on aging with
respect to activities carried out using funds allotted under section 506(b) of
such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056d">
42 U.S.C. 3056d(b)
</external-xref>
), except for requirements relating to the basic
purposes of such Act, wage and labor standards, eligibility of participants in
the activities, and standards for grant agreements.
</text>
</paragraph>
</subsection>
<subsection id="ID017608c9020646408baa9c8cc4b245a7">
<enum>
(b)
</enum>
<header>
Content of
plans
</header>
<text>
A workforce flexibility plan implemented by a State under
subsection (a) shall include descriptions of—
</text>
<paragraph id="ID0088d984137f4adf972c8e22b8d6c7e8">
<enum>
(1)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="idA1DB7CBAB5A64219AE3C6D63D005D986">
<enum>
(A)
</enum>
<text>
the process by which
local areas in the State may submit and obtain approval by the State of
applications for waivers of requirements applicable under this title; and
</text>
</subparagraph>
<subparagraph changed="added" id="ID86e43d8baa514d26a27f50e30396fcab" indent="up1" reported-display-style="italic">
<enum>
(B)
</enum>
<text>
the requirements described in
subparagraph (A) that are likely to be waived by the State under the
plan;
</text>
</subparagraph>
</paragraph>
<paragraph id="IDc6f5467188d14eb9bbb54ddb7399fc63">
<enum>
(2)
</enum>
<text>
the
requirements applicable under sections 8 through 10 of the Wagner-Peyser Act
that are proposed to be waived, if any;
</text>
</paragraph>
<paragraph id="IDe1603dac4dbc420fa5f8ca4f6138b85b">
<enum>
(3)
</enum>
<text>
the
requirements applicable under the Older Americans Act of 1965 that are proposed
to be waived, if any;
</text>
</paragraph>
<paragraph id="ID5c6d0664a6224cab81836839472e6ec9">
<enum>
(4)
</enum>
<text>
the
outcomes to be achieved by the waivers described in paragraphs (1) through (3);
and
</text>
</paragraph>
<paragraph id="IDc082f8f7fad742b0b8704fd277a47f0e">
<enum>
(5)
</enum>
<text>
other measures to
be taken to ensure appropriate accountability for Federal funds in connection
with the waivers.
</text>
</paragraph>
</subsection>
<subsection id="ID388784c27a7c4a13a67c9da69768f74a">
<enum>
(c)
</enum>
<header>
Periods
</header>
<text>
The
Secretary may approve a workforce flexibility plan for a period of not more
than 5 years.
</text>
</subsection>
<subsection id="ID010ea8b6dbf14262849ecd6f9ea6bab2">
<enum>
(d)
</enum>
<header>
Opportunity for
public comments
</header>
<text>
Prior to submitting a workforce flexibility plan
to the Secretary for approval, the State shall provide to all interested
parties and to the general public adequate notice of and a reasonable
opportunity for comment on the waiver requests proposed to be implemented
pursuant to such plan.
</text>
</subsection>
</section>
<section id="ID71d74b5b73c94bd2bcce0c99314f5de4">
<enum>
191.
</enum>
<header>
State
legislative authority
</header>
<subsection id="IDcaf0e3b3b29b474e8570ba818ebd338b">
<enum>
(a)
</enum>
<header>
Authority of
State legislature
</header>
<text>
Nothing in this title shall be interpreted to preclude the enactment of State legislation
providing for the implementation, consistent with the provisions of this title, of
the activities assisted under this title. Any funds received by a State
under this title
shall be subject to appropriation by the State legislature, consistent with the
terms and conditions required under this title.
</text>
</subsection>
<subsection id="ID92444f29127a438682b9125547e2731d">
<enum>
(b)
</enum>
<header>
Interstate
compacts and cooperative agreements
</header>
<text>
In the event that compliance
with provisions of this title would be enhanced by compacts and
cooperative agreements between States, the consent of Congress is given to
States to enter into such compacts and agreements to facilitate such
compliance, subject to the approval of the Secretary.
</text>
</subsection>
</section>
<section id="ID81c9cda7af0e4d8e900b6b01892d9c1b">
<enum>
192.
</enum>
<header>
Transfer of
Federal equity in State employment security agency real property to the
States
</header>
<subsection id="ID67041ee8ddba4442b2dd1e2b5f40e257">
<enum>
(a)
</enum>
<header>
Transfer of
Federal equity
</header>
<text>
Notwithstanding any other provision of law, any
Federal equity acquired in real property through grants to States awarded under
title III of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/501">
42 U.S.C. 501 et seq.
</external-xref>
) or under the
Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) is transferred to the States that used
the grants for the acquisition of such equity. The portion of any real property
that is attributable to the Federal equity transferred under this section shall
be used to carry out activities authorized under this Act, title III of the
Social Security Act, or the Wagner-Peyser Act. Any disposition of such real
property shall be carried out in accordance with the procedures prescribed by
the Secretary and the portion of the proceeds from the disposition of such real
property that is attributable to the Federal equity transferred under this
section shall be used to carry out activities authorized under this Act, title
III of the Social Security Act, or the Wagner-Peyser Act.
</text>
</subsection>
<subsection id="IDf0cfdf6f41dd415d895ee2880ed8eea0">
<enum>
(b)
</enum>
<header>
Limitation on
use
</header>
<text>
A State shall not use funds awarded under this Act, title III
of the Social Security Act, or the Wagner-Peyser Act to amortize the costs of
real property that is purchased by any State on or after the date of enactment
of the Revised Continuing Appropriations Resolution, 2007.
</text>
</subsection>
</section>
<section id="IDbf64397e29794764ac2298aa75bebbe2">
<enum>
193.
</enum>
<header>
Continuation
of State activities and policies
</header>
<subsection id="ID1009716824a442bdb5a6523a0f6528f7">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Notwithstanding any other provision of this title, the Secretary may not deny approval of a State
plan for
a covered State, or an application of a covered State for financial assistance,
under this title, or find a covered State (including a
State board or Governor), or a local area (including a local board or chief
elected official) in a covered State, in violation of a provision of this title, on
the basis that—
</text>
<paragraph id="IDc3bf68ac8cee45e1851aa6bdf84c199f">
<enum>
(1)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="id872B4815B74C474A9415BCE5F8549A8B">
<enum>
(A)
</enum>
<text>
the State proposes to
allocate or disburse, allocates, or disburses, within the State, funds made
available to the State under section 127 or 132 in accordance with the
allocation formula for the type of activities involved, or in accordance with a
disbursal procedure or process, used by the State under prior consistent State
laws; or
</text>
</subparagraph>
<subparagraph changed="added" id="IDf88f485946eb403abca8a88b79615c6a" indent="up1" reported-display-style="italic">
<enum>
(B)
</enum>
<text>
a local board in the State proposes to
disburse, or disburses, within the local area, funds made available to the
State under section 127 or 132 in accordance with a disbursal procedure or
process used by a private industry council under prior consistent State
law;
</text>
</subparagraph>
</paragraph>
<paragraph id="IDd4f905db2aab44fca274d7334f047fea">
<enum>
(2)
</enum>
<text>
the
State proposes to carry out or carries out a State procedure through which
local areas use, as fiscal agents for funds made available to the State under
section 127 or 132 and allocated within the State, fiscal agents selected in
accordance with a process established under prior consistent State laws;
</text>
</paragraph>
<paragraph id="ID2f88fd55e09d4c27a8ff702042ce6427">
<enum>
(3)
</enum>
<text>
the
State proposes to carry out or carries out a State procedure through which the
local boards in the State (or the local boards, the chief elected officials in
the State, and the Governor) designate or select the one-stop partners and
one-stop operators of the statewide system in the State under prior consistent
State laws, in lieu of making the designation or certification described in
section 121 (regardless of the date the one-stop delivery systems involved have
been established);
</text>
</paragraph>
<paragraph id="ID480defce36034bb283bc58ec4f755075">
<enum>
(4)
</enum>
<text>
the
State proposes to carry out or carries out a State procedure through which the
persons responsible for selecting eligible providers for purposes of subtitle B
are permitted to determine that a provider shall not be selected to provide
both intake services under section 134(c)(2) and training services under
section 134(c)(3), under prior consistent State laws;
</text>
</paragraph>
<paragraph id="IDae88fe8921d046c4854b274d0c0d9abd">
<enum>
(5)
</enum>
<text>
the
State proposes to designate or designates a State board, or proposes to assign
or assigns functions and roles of the State board (including determining the
time periods for development and submission of a State plan required under
section 102 or 103), for purposes of subtitle A in accordance with
prior consistent State laws; or
</text>
</paragraph>
<paragraph id="IDc87dfe0a5de949ffb9776af0a2a7e300">
<enum>
(6)
</enum>
<text>
a
local board in the State proposes to use or carry out, uses, or carries out a
local plan (including assigning functions and roles of the local board) for
purposes of subtitle A in accordance with the authorities and
requirements applicable to local plans and private industry councils under
prior consistent State laws.
</text>
</paragraph>
</subsection>
<subsection id="IDa99ef50ab89a408bb0ee02799637ddb3">
<enum>
(b)
</enum>
<header>
Definition
</header>
<text>
In
this section:
</text>
<paragraph id="IDfe639d033101422eab103f3ff214cf18">
<enum>
(1)
</enum>
<header>
Covered
State
</header>
<text>
The term
<term>
covered State
</term>
means a State that
enacted State laws described in paragraph (2).
</text>
</paragraph>
<paragraph id="ID84ada704193844afa8af8611bc9b6ea9">
<enum>
(2)
</enum>
<header>
Prior
consistent State laws
</header>
<text>
The term
<term>
prior consistent State
laws
</term>
means State laws, not inconsistent with the Job Training
Partnership Act or any other applicable Federal law, that took effect on
September 1, 1993, September 1, 1995, and September 1, 1997.
</text>
</paragraph>
</subsection>
</section>
<section id="ID13e8dbcb2d47409c958760b0ba0268cf">
<enum>
194.
</enum>
<header>
General
program requirements
</header>
<text display-inline="no-display-inline">
Except as
otherwise provided in this title, the following conditions apply to
all programs under this title:
</text>
<paragraph id="ID06cc87ab6f9644c4a115ff330be9a1e8">
<enum>
(1)
</enum>
<text>
Each
program under this title shall provide employment and training
opportunities to those who can benefit from, and who are most in need of, such
opportunities. In addition, the recipients of Federal funding for programs
under this title shall make efforts to develop programs that
contribute to occupational development, upward mobility, development of new
careers, and opportunities for nontraditional employment.
</text>
</paragraph>
<paragraph id="ID41a10f63754e4c71b32c46fb1a346f53">
<enum>
(2)
</enum>
<text>
Funds provided
under this title shall only be used for activities that are in addition to
activities that would otherwise be available in the local area in the absence
of such funds.
</text>
</paragraph>
<paragraph commented="no" id="IDbd04c735a8284020bd56003171852b66">
<enum>
(3)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="id0D87761832614551BBABD4DDE1153FCF">
<enum>
(A)
</enum>
<text>
Any local area may
enter into an agreement with another local area (including a local area that is
a city or county within the same labor market) to pay or share the cost of
educating, training, or placing individuals participating in programs assisted
under this title, including the provision of supportive services.
</text>
</subparagraph>
<subparagraph changed="added" commented="no" id="id91B6BE0ECE6E4749BF6688696DA55A2A" indent="up1" reported-display-style="italic">
<enum>
(B)
</enum>
<text>
Such agreement shall be approved by
each local board for a local area entering into the agreement and shall be
described in the local plan under section 108.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID444174d8451641bcbee811ea406746ae">
<enum>
(4)
</enum>
<text>
On-the-job
training contracts under this title, shall not be
entered into with employers who have received payments under previous contracts
under this Act or the Workforce Investment Act of 1998 and have exhibited a
pattern of failing to provide on-the-job training participants with continued
long-term employment as regular employees with wages and employment benefits
(including health benefits) and working conditions at the same level and to the
same extent as other employees working a similar length of time and doing the
same type of work.
</text>
</paragraph>
<paragraph id="IDad8c7c4a8e244f6280b7b357b9b12dc7">
<enum>
(5)
</enum>
<text>
No
person or organization may charge an individual a fee for the placement or
referral of the individual in or to a workforce investment activity under this
title.
</text>
</paragraph>
<paragraph id="IDbb926ace2f5b4415bab7f427f328e2dc">
<enum>
(6)
</enum>
<text>
The
Secretary shall not provide financial assistance for any program under this
title that involves political activities.
</text>
</paragraph>
<paragraph id="ID0dfafc9be57f455fb090e25ed59d37e4">
<enum>
(7)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="id36F1D2C19B2E4FE3B2459541118A947D">
<enum>
(A)
</enum>
<text>
Income under any
program administered by a public or private nonprofit entity may be retained by
such entity only if such income is used to continue to carry out the
program.
</text>
</subparagraph>
<subparagraph changed="added" id="id6349A32E854747689CA69820FCA24A6C" indent="up1" reported-display-style="italic">
<enum>
(B)
</enum>
<text>
Income subject to the requirements of
subparagraph (A) shall include—
</text>
<clause id="id1BA6F20600484718A12FF4BBBE3FE9D9">
<enum>
(i)
</enum>
<text>
receipts from goods or services
(including conferences) provided as a result of activities funded under this
title;
</text>
</clause>
<clause id="idB9397E77B7234EA2B72F5214E5D34256">
<enum>
(ii)
</enum>
<text>
funds provided to a service
provider under this title that are in excess of the costs associated with the
services provided; and
</text>
</clause>
<clause id="id8C362C4A585C4E6D86AAC651D938CA82">
<enum>
(iii)
</enum>
<text>
interest income earned on funds
received under this title.
</text>
</clause>
</subparagraph>
<subparagraph changed="added" id="id25BFD86D7DBC473E8DAE034E30DCEBC9" indent="up1" reported-display-style="italic">
<enum>
(C)
</enum>
<text>
For purposes of this paragraph, each
entity receiving financial assistance under this title shall maintain records
sufficient to determine the amount of such income received and the purposes for
which such income is expended.
</text>
</subparagraph>
</paragraph>
<paragraph id="IDf86e28cb56604da5a5683173b236a5cd">
<enum>
(8)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="idB8597CAC1A2D45B398A3062A644EB693">
<enum>
(A)
</enum>
<text>
The Secretary shall
notify the Governor and the appropriate local board and chief elected official
of, and consult with the Governor and such board and official concerning, any
activity to be funded by the Secretary under this title within the
corresponding State or local area.
</text>
</subparagraph>
<subparagraph changed="added" id="id13E9F9C640774732B0443224AEDCE04D" indent="up1" reported-display-style="italic">
<enum>
(B)
</enum>
<text>
The Governor shall notify the
appropriate local board and chief elected official of, and consult with such
board and official concerning, any activity to be funded by the Governor under
this title within the corresponding local area.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID5a9a8f94deac435d875d20afbb7308aa">
<enum>
(9)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="idE00652909E534B0EAE427619733E100E">
<enum>
(A)
</enum>
<text>
All education programs
for youth supported with funds provided under chapter 2 of subtitle B shall be
consistent with applicable State and local educational standards.
</text>
</subparagraph>
<subparagraph changed="added" id="idAE52C2A86D124F5E810A5D83D09CA8C5" indent="up1" reported-display-style="italic">
<enum>
(B)
</enum>
<text>
Standards and procedures with respect
to awarding academic credit and certifying educational attainment in programs
conducted under such chapter shall be consistent with the requirements of
applicable State and local law, including regulation.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID9c45b73091c145b1a4375517c566beec">
<enum>
(10)
</enum>
<text>
No
funds available under this title may be used for public service
employment except as specifically authorized under this title.
</text>
</paragraph>
<paragraph id="ID3edb6c9b804247929df9de5ebc7cf5cd">
<enum>
(11)
</enum>
<text>
The
Federal requirements governing the title, use, and disposition of real
property, equipment, and supplies purchased with funds provided under this
title shall be the corresponding Federal requirements
generally applicable to such items purchased through Federal grants to States
and local governments.
</text>
</paragraph>
<paragraph id="ID921207e655df4f5d9947fb56574c252b">
<enum>
(12)
</enum>
<text>
Nothing in this
title shall be construed to provide an individual with
an entitlement to a service under this title.
</text>
</paragraph>
<paragraph id="IDd7b9b00d5d0b48e7b4dcf7e8bae4ac5f">
<enum>
(13)
</enum>
<text>
Services,
facilities, or equipment funded under this title may be used, as appropriate,
on a fee-for-service basis, by employers in a local area in order to provide
employment and training activities to incumbent workers—
</text>
<subparagraph id="IDef96ef6a5340433f95fd048a4a6bf584">
<enum>
(A)
</enum>
<text>
when such
services, facilities, or equipment are not in use for the provision of services
for eligible participants under this title;
</text>
</subparagraph>
<subparagraph id="ID0aa30bfffda04cc6a596584f863ee16a">
<enum>
(B)
</enum>
<text>
if such use for
incumbent workers would not have an adverse effect on the provision of services
to eligible participants under this title; and
</text>
</subparagraph>
<subparagraph id="ID3eff6e77ea2f4dd39a6125190ece0e6b">
<enum>
(C)
</enum>
<text>
if the income
derived from such fees is used to carry out the programs authorized under this
title.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID9dc8a3846ff54139bfc2855c5cd496c0">
<enum>
(14)
</enum>
<text>
Funds provided
under this title shall not be used to establish or operate a stand-alone
fee-for-service enterprise in a situation in which a private sector employment
agency (as defined in section 701 of the Civil Rights Act of 1964 (42 U.S.C.
2000e)) is providing full access to similar or related services in such a
manner as to fully meet the identified need. For purposes of this paragraph,
such an enterprise does not include a one-stop delivery system described in
section 121(e).
</text>
</paragraph>
<paragraph commented="no" id="IDc86d74eb346a4b05b99680cbed1cf640">
<enum>
(15)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="id4E038C16F2D64E65AF35C71816A54C9D">
<enum>
(A)
</enum>
<text>
None of the funds
available under this title shall be used by a recipient or subrecipient of such
funds to pay the salary and bonuses of an individual, either as direct costs or
indirect costs, at a rate in excess of the annual rate of basic pay prescribed
for level II of the Executive Schedule under
<external-xref legal-doc="usc" parsable-cite="usc/5/5313">
section 5313
</external-xref>
of title 5, United
States Code.
</text>
</subparagraph>
<subparagraph changed="added" commented="no" display-inline="no-display-inline" id="id6D156217555B4DA4A317E56A9034753A" indent="up1" reported-display-style="italic">
<enum>
(B)
</enum>
<text>
The limitation described in
subparagraph (A) shall not apply to vendors providing goods and services as
defined in Office of Management and Budget Circular A–133. In a case in which a
State is a recipient of such funds, the State may establish a lower limit than
is provided in subparagraph (A) for salaries and bonuses of those receiving
salaries and bonuses from a subrecipient of such funds, taking into account
factors including the relative cost of living in the State, the compensation
levels for comparable State or local government employees, and the size of the
organizations that administer the Federal programs involved.
</text>
</subparagraph>
</paragraph>
</section>
<section id="id504de0c23d7043759cc8c2a80a481114">
<enum>
195.
</enum>
<header>
Restrictions on lobbying activities
</header>
<subsection id="id9989DC34C40248B9BA84EBE1264934CA">
<enum>
(a)
</enum>
<header>
Publicity restrictions
</header>
<paragraph id="idDE34465A92234B45A601B2EADC714B64">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
No funds provided under this Act shall be used for—
</text>
<subparagraph id="id012a04dec1a44ccaab6f2e0641cd3cc1">
<enum>
(A)
</enum>
<text>
publicity or propaganda purposes; or
</text>
</subparagraph>
<subparagraph id="id2d7e9d07cd784398a3b648cc13522f08">
<enum>
(B)
</enum>
<text>
the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation designed to
support or defeat—
</text>
<clause id="idEC7E9F2C9F9D4FADAC70BFE8C005111D">
<enum>
(i)
</enum>
<text>
the enactment of legislation before Congress or any
State or local legislature or
legislative body; or
</text>
</clause>
<clause id="idD388AAEC2B8A4DB59FE7B3D24E876B8C">
<enum>
(ii)
</enum>
<text>
any proposed or pending regulation, administrative action, or order issued by the executive branch
of any State or local government.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id61E0536C149C468F85B5F5C209184F67">
<enum>
(2)
</enum>
<header>
Exception
</header>
<text>
Paragraph (1) shall not apply to—
</text>
<subparagraph id="idA0733CACD3F4471FA5385CB727D8C4EB">
<enum>
(A)
</enum>
<text>
normal and recognized executive-legislative relationships;
</text>
</subparagraph>
<subparagraph id="id57F9E44E0B0446B890ED7022E90B2762">
<enum>
(B)
</enum>
<text>
the preparation, distribution, or use of the materials described in paragraph (1)(B) in
presentation to Congress or any State or local legislature or
legislative body; or
</text>
</subparagraph>
<subparagraph id="id1BB0C5E59E144EA295CAAD897E7A8EF1">
<enum>
(C)
</enum>
<text>
such preparation, distribution, or use of such materials in presentation to the
executive branch of any State or local government.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="id4f87eb7213f241c5be0bb6e780aadfbd">
<enum>
(b)
</enum>
<header>
Salary restrictions
</header>
<paragraph id="idE0C762F28CC848CA9D51E2B18F33AB1B">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
No funds provided under this Act shall be used to pay the salary or expenses
of any grant or
contract recipient, or agent acting for such recipient, related to any
activity designed to influence the enactment or issuance of legislation,
appropriations, regulations, administrative action, or an Executive order
proposed or pending before Congress or any State government, or a State or
local
legislature or legislative body.
</text>
</paragraph>
<paragraph id="id5000533981684E319241168876A76DED">
<enum>
(2)
</enum>
<header>
Exception
</header>
<text>
Paragraph (1) shall not apply to—
</text>
<subparagraph id="id199FDC12698D4E759DD83948F9C5ECA9">
<enum>
(A)
</enum>
<text>
normal and recognized executive-legislative relationships; or
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="idCECE8470D53C4A85B517A63EFC19374E">
<enum>
(B)
</enum>
<text>
participation
by an agency or officer of a State, local, or tribal government in
policymaking and administrative processes within the executive branch of
that government.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
</subtitle>
</title>
<title id="id3167DE1179F7471E8E7302EAAFECDBCB">
<enum>
II
</enum>
<header>
Adult
education and literacy
</header>
<section id="ID60287e3c81c149c1bac9d1fa76f4b181">
<enum>
201.
</enum>
<header>
Short
title
</header>
<text display-inline="no-display-inline">
This title may be cited
as the
<quote>
Adult Education and Family Literacy Act
</quote>
.
</text>
</section>
<section id="ID5d9f26c598ee454cb1cb934ec0e2ab8c">
<enum>
202.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
It is the purpose of this title to create a
partnership among the Federal Government, States, and localities to provide, on
a voluntary basis, adult education and literacy activities, in order to—
</text>
<paragraph id="IDca08115f23754a0a9e988e30b61f1c81">
<enum>
(1)
</enum>
<text>
assist adults to
become literate and obtain the knowledge and skills necessary for employment
and economic self-sufficiency;
</text>
</paragraph>
<paragraph id="IDa19e64d985cf4868aba64db986f7cad4">
<enum>
(2)
</enum>
<text>
assist adults who
are parents or family members to obtain the education and skills that—
</text>
<subparagraph id="id112499917E674A63BACBF8407E0F0566">
<enum>
(A)
</enum>
<text>
are necessary to
becoming full partners in the educational development of their children;
and
</text>
</subparagraph>
<subparagraph id="id31CB3C3C446B47DAB287E9517A2B7B54">
<enum>
(B)
</enum>
<text>
lead to
sustainable improvements in the economic opportunities for their family;
</text>
</subparagraph>
</paragraph>
<paragraph id="IDb2514506ce594e8090e55d2f289b7102">
<enum>
(3)
</enum>
<text>
assist adults in
attaining a secondary school diploma and in the transition to postsecondary
education and training, including through career pathways; and
</text>
</paragraph>
<paragraph id="ID662e04aca41b40aca631ddda5c40ca28">
<enum>
(4)
</enum>
<text>
assist immigrants
and other individuals who are English language learners in—
</text>
<subparagraph id="idF672040604C74EEF9E5AF8E516830893">
<enum>
(A)
</enum>
<text>
improving
their—
</text>
<clause id="id87A96543FBF6471A95C92CE2BE706144">
<enum>
(i)
</enum>
<text>
reading, writing,
speaking, and comprehension skills in English; and
</text>
</clause>
<clause id="idC9697475A5344A7F80BEEC2AFF0DD859">
<enum>
(ii)
</enum>
<text>
mathematics
skills; and
</text>
</clause>
</subparagraph>
<subparagraph id="idA111A46C05DE45119FE91C713C2822B8">
<enum>
(B)
</enum>
<text>
acquiring an
understanding of the American system of Government, individual freedom, and the
responsibilities of citizenship.
</text>
</subparagraph>
</paragraph>
</section>
<section commented="no" id="IDc322d776aa784eb2bdbad817c561fb57">
<enum>
203.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this title:
</text>
<paragraph commented="no" id="ID2f9bc17b6997411db7969bda2eebbc51">
<enum>
(1)
</enum>
<header>
Adult
education
</header>
<text>
The term
<term>
adult education
</term>
means academic
instruction and education services below the postsecondary level that increase
an individual’s ability to—
</text>
<subparagraph commented="no" id="id1DB150A1146942BFB41E52575C6ACDBC">
<enum>
(A)
</enum>
<text>
read, write, and
speak in English and perform mathematics or other activities necessary for the
attainment of a secondary school diploma or its recognized equivalent;
</text>
</subparagraph>
<subparagraph commented="no" id="idADDD9C3224CA46F883F5B751391B01B8">
<enum>
(B)
</enum>
<text>
transition to
postsecondary education and training; and
</text>
</subparagraph>
<subparagraph commented="no" id="idD4F5A6FEA07E4B07B7084C6E264FCBF1">
<enum>
(C)
</enum>
<text>
obtain
employment.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="ID45eb0f9389894bb487197992ae8cd19f">
<enum>
(2)
</enum>
<header>
Adult education
and literacy activities
</header>
<text>
The term
<term>
adult education and
literacy activities
</term>
means programs, activities, and services that
include adult education, literacy, workplace adult education and literacy
activities, family literacy activities, English language acquisition
activities, integrated English literacy and civics education, workforce
preparation activities, or integrated education and training.
</text>
</paragraph>
<paragraph commented="no" id="ID1c7c0442cb124f30b0c87ac22adcd742">
<enum>
(3)
</enum>
<header>
Eligible
agency
</header>
<text>
The term
<term>
eligible agency
</term>
means the sole
entity or agency in a State or an outlying area responsible for administering
or supervising policy for adult education and literacy activities in the State
or outlying area, respectively, consistent with the law of the State or
outlying area, respectively.
</text>
</paragraph>
<paragraph commented="no" id="IDbfddecc88de64832a562e8c6a6e703f8">
<enum>
(4)
</enum>
<header>
Eligible
individual
</header>
<text>
The term
<term>
eligible individual
</term>
means an
individual—
</text>
<subparagraph commented="no" id="ID9d0152ab09a14bb7a2cb47cbd2bc32d5">
<enum>
(A)
</enum>
<text>
who has attained
16 years of age;
</text>
</subparagraph>
<subparagraph commented="no" id="IDc01a18d06b114690859fb42a971420ed">
<enum>
(B)
</enum>
<text>
who is not
enrolled or required to be enrolled in secondary school under State law;
and
</text>
</subparagraph>
<subparagraph commented="no" id="IDbab8ecd21740405d87ce570b0f9f7b0f">
<enum>
(C)
</enum>
<text>
who—
</text>
<clause commented="no" id="IDa5ee6a7d5c3d4dfd8bb66ac937d2a05b">
<enum>
(i)
</enum>
<text>
is basic skills
deficient;
</text>
</clause>
<clause commented="no" id="ID4557b384fac241128557335d886766fd">
<enum>
(ii)
</enum>
<text>
does not have a
secondary school diploma or its recognized equivalent, and has not achieved an
equivalent level of education; or
</text>
</clause>
<clause commented="no" id="ID7ce8f2608a694c00b057b7d3a7624bd4">
<enum>
(iii)
</enum>
<text>
is an English
language learner.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="ID683941d71ef54508a259b6c55c205e80">
<enum>
(5)
</enum>
<header>
Eligible
provider
</header>
<text>
The term
<term>
eligible provider
</term>
means an
organization that has demonstrated effectiveness in providing adult education
and literacy activities that may include —
</text>
<subparagraph commented="no" id="IDb4dca9b3d1b84a8ba806c7a8012159b9">
<enum>
(A)
</enum>
<text>
a local
educational agency;
</text>
</subparagraph>
<subparagraph commented="no" id="ID60384388d5c541668cca4d28982933df">
<enum>
(B)
</enum>
<text>
a community-based
organization or faith-based organization;
</text>
</subparagraph>
<subparagraph commented="no" id="ID35be74bee9b64fd6b04f703324dacc47">
<enum>
(C)
</enum>
<text>
a volunteer
literacy organization;
</text>
</subparagraph>
<subparagraph commented="no" id="ID66dd2c09553948fc81b364ef91f4cc71">
<enum>
(D)
</enum>
<text>
an institution of
higher education;
</text>
</subparagraph>
<subparagraph commented="no" id="IDfdfe4d67d94743c69838d64fd6e91d60">
<enum>
(E)
</enum>
<text>
a public or
private nonprofit agency;
</text>
</subparagraph>
<subparagraph commented="no" id="IDcd407131bf06458b962cc4892c28012c">
<enum>
(F)
</enum>
<text>
a library;
</text>
</subparagraph>
<subparagraph commented="no" id="ID4014d6bc4e9749c082974d04aabd3e86">
<enum>
(G)
</enum>
<text>
a public housing
authority;
</text>
</subparagraph>
<subparagraph commented="no" id="IDf53a905d0ad846c9897467247f67ba29">
<enum>
(H)
</enum>
<text>
a nonprofit
institution that is not described in any of subparagraphs (A) through (G) and
has the ability to provide adult education and literacy activities to eligible
individuals;
</text>
</subparagraph>
<subparagraph commented="no" id="ID2fb8d70fa88e49738b6bd44bcd2cc6f2">
<enum>
(I)
</enum>
<text>
a consortium or
coalition of the agencies, organizations, institutions, libraries, or
authorities described in any of subparagraphs (A) through (H); and
</text>
</subparagraph>
<subparagraph commented="no" id="ID80512011b8544c54bec6c66c1c1d6c61">
<enum>
(J)
</enum>
<text>
a partnership
between an employer and an entity described in any of subparagraphs (A) through
(I).
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="IDe17362faa6894278b24fc67578289fc2">
<enum>
(6)
</enum>
<header>
English
language acquisition program
</header>
<text>
The term
<term>
English language
acquisition program
</term>
means a program of instruction—
</text>
<subparagraph commented="no" id="idB8E1C0A860EF40E7B1459DBDD750F1AA">
<enum>
(A)
</enum>
<text>
designed to help
eligible individuals who are English language learners achieve competence in
reading, writing, speaking, and comprehension of the English language;
and
</text>
</subparagraph>
<subparagraph commented="no" id="id1956810F10724DBCB58A3818CCA264DD">
<enum>
(B)
</enum>
<text>
that leads
to—
</text>
<clause commented="no" id="idCC17914A43C946AE8FF1489FDEB454BD">
<enum>
(i)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="idB6D005EAFFAE4D909394373C6E5B5C6A">
<enum>
(I)
</enum>
<text>
attainment of a
secondary school diploma or its recognized equivalent; and
</text>
</subclause>
<subclause changed="added" commented="no" id="idF454DFA5268A41AAAE2838E8177839E5" indent="up1" reported-display-style="italic">
<enum>
(II)
</enum>
<text>
transition to postsecondary education
and training; or
</text>
</subclause>
</clause>
<clause commented="no" id="idF020BC14C3A74B66A3425374B80A70FA">
<enum>
(ii)
</enum>
<text>
employment.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="IDf794d5f9b74146ffa5892082f58c9d8f">
<enum>
(7)
</enum>
<header>
English
language learner
</header>
<text>
The term
<term>
English language learner
</term>
when used with respect to an eligible individual, means an eligible individual
who has limited ability in reading, writing, speaking, or comprehending the
English language, and—
</text>
<subparagraph commented="no" id="ID48d64bd7e021495b9babaf45dc1f0786">
<enum>
(A)
</enum>
<text>
whose native
language is a language other than English; or
</text>
</subparagraph>
<subparagraph commented="no" id="ID92c69ca9d8844a7d99d46bb94b979d72">
<enum>
(B)
</enum>
<text>
who lives in a
family or community environment where a language other than English is the
dominant language.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="ID134a5bd6ca774546ba925418e57022e6">
<enum>
(8)
</enum>
<header>
Essential
components of reading instruction
</header>
<text>
The term
<term>
essential
components of reading instruction
</term>
has the meaning given the term in
section 1208 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6368).
</text>
</paragraph>
<paragraph commented="no" id="ID22363ec42c9f4ac0bfea4d5eb0f3c07b">
<enum>
(9)
</enum>
<header>
Family literacy
activities
</header>
<text>
The term
<term>
family literacy activities
</term>
means
activities that are of sufficient intensity and quality, to make sustainable
improvements in the economic prospects for a family and that better enable
parents or family members to support their children’s learning needs, and that
integrate all of the following activities:
</text>
<subparagraph commented="no" id="ID8dd3a9840f1149d5a9fe4cef545cf93f">
<enum>
(A)
</enum>
<text>
Parent or family
adult education and literacy activities that lead to readiness for
postsecondary education or training, career advancement, and economic
self-sufficiency.
</text>
</subparagraph>
<subparagraph commented="no" id="IDab696c1a0e2b4a5996eda3ae8fbbc922">
<enum>
(B)
</enum>
<text>
Interactive
literacy activities between parents or family members and their
children.
</text>
</subparagraph>
<subparagraph commented="no" id="IDce8cc60dad654f05afd7984a9566630f">
<enum>
(C)
</enum>
<text>
Training for
parents or family members regarding how to be the primary teacher for their
children and full partners in the education of their children.
</text>
</subparagraph>
<subparagraph commented="no" id="ID8684dd7f4d554b248ca37c2fb89fc1ae">
<enum>
(D)
</enum>
<text>
An
age-appropriate education to prepare children for success in school and life
experiences.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="ID04ac1d80c8ef41c9b3022bdc7fb0f086">
<enum>
(10)
</enum>
<header>
Institution of
higher education
</header>
<text>
The term
<term>
institution of higher
education
</term>
has the meaning given the term in section 101 of the Higher
Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1001">
20 U.S.C. 1001
</external-xref>
).
</text>
</paragraph>
<paragraph commented="no" id="IDae6939732af941cf896463fe1186c0b7">
<enum>
(11)
</enum>
<header>
Integrated
education and training
</header>
<text>
The term
<term>
integrated education and
training
</term>
means a service approach that provides adult education and
literacy activities concurrently and contextually with workforce preparation
activities and workforce training for a specific occupation or occupational
cluster for the purpose of educational and career advancement.
</text>
</paragraph>
<paragraph commented="no" id="id7DB97902B91D484293833B7182C2FA23">
<enum>
(12)
</enum>
<header>
Integrated
english literacy and civics education
</header>
<text>
The term
<term>
integrated
English literacy and civics education
</term>
means education services provided
to English language learners who are adults, including professionals with
degrees and credentials in their native countries, that enables such adults to
achieve competency in the English language and acquire the basic and more
advanced skills needed to function effectively as parents, workers, and
citizens in the United States. Such services shall include instruction in
literacy and English language acquisition and instruction on the rights and
responsibilities of citizenship and civic participation, and may include
workforce training.
</text>
</paragraph>
<paragraph commented="no" id="ID5119460573cd4366a3a3ecf5de7bf0ab">
<enum>
(13)
</enum>
<header>
Literacy
</header>
<text>
The
term
<term>
literacy
</term>
means an individual’s ability to read, write, and
speak in English, compute, and solve problems, at levels of proficiency
necessary to function on the job, in the family of the individual, and in
society.
</text>
</paragraph>
<paragraph commented="no" id="IDd6738a66ef6549898977263d12c58c4b">
<enum>
(14)
</enum>
<header>
Postsecondary
educational institution
</header>
<text>
The term
<term>
postsecondary educational
institution
</term>
means—
</text>
<subparagraph commented="no" id="ID8a6fb5eae6e9490a95b573bcc503e611">
<enum>
(A)
</enum>
<text>
an institution of
higher education that provides not less than a 2-year program of instruction
that is acceptable for credit toward a bachelor’s degree;
</text>
</subparagraph>
<subparagraph commented="no" id="IDdf259c1e6f904f42b5c67488841f4813">
<enum>
(B)
</enum>
<text>
a tribally
controlled college or university; or
</text>
</subparagraph>
<subparagraph commented="no" id="ID342922c8f6674e0087646e57aee9c341">
<enum>
(C)
</enum>
<text>
a nonprofit
educational institution offering certificate or apprenticeship programs at the
postsecondary level.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="ID63c8b7415c0a43eca5d2e4b91dbdca57">
<enum>
(15)
</enum>
<header>
Secretary
</header>
<text>
The
term
<term>
Secretary
</term>
means the Secretary of Education.
</text>
</paragraph>
<paragraph commented="no" id="IDcb4152cae9b84ab0aec0c15307352026">
<enum>
(16)
</enum>
<header>
Workplace
adult education and literacy activities
</header>
<text>
The term
<term>
workplace
adult education and literacy activities
</term>
means adult education and
literacy activities offered by an eligible provider in collaboration with an
employer or employee organization at a workplace or an off-site location that
is designed to improve the productivity of the workforce.
</text>
</paragraph>
<paragraph commented="no" id="IDb0a394c116424929a728a8051ad48ae6">
<enum>
(17)
</enum>
<header>
Workforce
preparation activities
</header>
<text>
The term
<term>
workforce preparation
activities
</term>
means activities, programs, or services designed to help an
individual acquire a combination of basic academic skills, critical thinking
skills, digital literacy skills, and self-management skills, including
competencies in utilizing resources, using information, working with others,
understanding systems, and obtaining skills necessary for successful transition
into and
completion of postsecondary education or training, or employment.
</text>
</paragraph>
</section>
<section id="ID2e4d196326314ec5804a91b84ef4bbfa">
<enum>
204.
</enum>
<header>
Home
schools
</header>
<text display-inline="no-display-inline">
Nothing in this title
shall be construed to affect home schools, whether a home school is treated as
a home school or a private school under State law, or to compel a parent or
family member engaged in home schooling to participate in adult education and
literacy activities.
</text>
</section>
<section id="ID16d8dc845c844d0189502c1c79baf5b5">
<enum>
205.
</enum>
<header>
Rule of
construction regarding postsecondary transition and concurrent enrollment
activities
</header>
<text display-inline="no-display-inline">
Nothing in this
title shall be construed to prohibit or discourage the use of funds provided
under this title for adult education and literacy activities that help eligible
individuals transition to postsecondary education and training or employment,
or for concurrent enrollment activities.
</text>
</section>
<section id="IDe3d6593548a8442da82bf5396387723b">
<enum>
206.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
There are
authorized to be appropriated to carry out this title $577,667,000 for fiscal year
2015, $622,286,000 for fiscal year 2016, $635,198,000 for fiscal year
2017, $649,287,000 for fiscal year 2018, $664,552,000 for fiscal year
2019, and $678,640,000 for fiscal year 2020.
</text>
</section>
<subtitle id="idDAA0E6E34ACF409686181CDC6E90B080">
<enum>
A
</enum>
<header>
Federal
provisions
</header>
<section id="ID4cabf92488a0429593164de23bf35e83">
<enum>
211.
</enum>
<header>
Reservation of
funds; grants to eligible agencies; allotments
</header>
<subsection id="ID9ef1c04287354599ba6d9839aec21eab">
<enum>
(a)
</enum>
<header>
Reservation of
funds
</header>
<text>
From the sum appropriated under section 206 for a fiscal
year, the Secretary—
</text>
<paragraph id="IDac897aab282f4b928fa10ac624a3a2d4">
<enum>
(1)
</enum>
<text>
shall reserve 2
percent to carry out section 242, except that the amount so
reserved shall not exceed $15,000,000; and
</text>
</paragraph>
<paragraph id="ID70fa2c2cdc03490b9d18bd654a8268ff">
<enum>
(2)
</enum>
<text>
shall reserve 12
percent of the amount that remains after reserving funds under paragraph (1) to
carry out section 243.
</text>
</paragraph>
</subsection>
<subsection id="ID9c1a048f13a64f27b68b465c6e115bcf">
<enum>
(b)
</enum>
<header>
Grants to
eligible agencies
</header>
<paragraph id="ID91e3fff72d9740ce8915aab11127d56a">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
From the sum appropriated under section 206 and not
reserved under subsection (a) for a fiscal year, the Secretary shall award a
grant to each eligible agency having a unified State plan approved under
section 102 or a combined State plan approved under section 103 in an amount
equal to the sum of the initial allotment under subsection (c)(1) and the
additional allotment under subsection (c)(2) for the eligible agency for the
fiscal year, subject to subsections (f) and (g), to enable the eligible agency
to carry out the activities assisted under this title.
</text>
</paragraph>
<paragraph id="IDf58f3e181a5346b49214fc6bd1d9451d">
<enum>
(2)
</enum>
<header>
Purpose of
grants
</header>
<text>
The Secretary may award a grant under paragraph (1) only
if the eligible entity involved agrees to expend the grant for adult education
and literacy activities in accordance with the provisions of this title.
</text>
</paragraph>
</subsection>
<subsection id="ID128cc451c2c242699c5203bcbc264146">
<enum>
(c)
</enum>
<header>
Allotments
</header>
<paragraph id="ID9ec3fb895d0b423c86baf9bb93d96f44">
<enum>
(1)
</enum>
<header>
Initial
allotments
</header>
<text>
From the sum appropriated under section 206 and not
reserved under subsection (a) for a fiscal year, the Secretary shall allot to
each eligible agency having a unified State plan approved under section 102 or
a combined State plan approved under section 103—
</text>
<subparagraph id="IDf08e12fbc79d451d9a067ee9deb24ee1">
<enum>
(A)
</enum>
<text>
$100,000, in the
case of an eligible agency serving an outlying area; and
</text>
</subparagraph>
<subparagraph id="ID4cee13999b12466b8109f1b211b46727">
<enum>
(B)
</enum>
<text>
$250,000, in the
case of any other eligible agency.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID760aa41a49444618ab44d9cab5d76c85">
<enum>
(2)
</enum>
<header>
Additional
allotments
</header>
<text>
From the sum appropriated under section 206, not
reserved under subsection (a), and not allotted under paragraph (1), for a
fiscal year, the Secretary shall allot to each eligible agency that receives an
initial allotment under paragraph (1) an additional amount that bears the same
relationship to such sum as the number of qualifying adults in the State or
outlying area served by the eligible agency bears to the number of such adults
in all States and outlying areas.
</text>
</paragraph>
</subsection>
<subsection id="IDd74a39a1063c48e49ed89b221b3a4e21">
<enum>
(d)
</enum>
<header>
Qualifying
adult
</header>
<text>
For the purpose of subsection (c)(2), the term
<quote>
qualifying adult
</quote>
means an adult who—
</text>
<paragraph id="ID5ddb014f89a3439cb70d857635006c1b">
<enum>
(1)
</enum>
<text>
is
at least 16 years of age;
</text>
</paragraph>
<paragraph id="ID53fda589a87b452da7a609fab9e3c798">
<enum>
(2)
</enum>
<text>
is
beyond the age of compulsory school attendance under the law of the State or
outlying area;
</text>
</paragraph>
<paragraph id="IDb1c37377e9604cbfb0ccf716cd1b6337">
<enum>
(3)
</enum>
<text>
does
not have a secondary school diploma or its recognized equivalent; and
</text>
</paragraph>
<paragraph id="IDa587fb8f669243f0a07ba0ce496f2831">
<enum>
(4)
</enum>
<text>
is
not enrolled in secondary school.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="IDe0f255307aa349e8bead9f895af31d6f">
<enum>
(e)
</enum>
<header>
Special rule
</header>
<paragraph commented="no" id="IDdc8f79f213594b27bc4ce63e29d9aa62">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall
award grants to Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, or the Republic of Palau to carry out activities
described in this title in accordance with the provisions of this title,
as determined by the Secretary.
</text>
</paragraph>
<paragraph commented="no" id="IDb7332d8debba4d8f9b3e29d9fdbcb3ca">
<enum>
(2)
</enum>
<header>
Award basis
</header>
<text>
The Secretary shall award grants pursuant to paragraph (1) on a competitive basis and pursuant to
the recommendations from the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
</text>
</paragraph>
<paragraph commented="no" id="id17899A14AEFE43BEB6345220CDA36645">
<enum>
(3)
</enum>
<header>
Termination of eligibility
</header>
<text>
Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a
grant under this title except during the period described in section
3(45).
</text>
</paragraph>
<paragraph commented="no" id="IDf952124f8db74034acb4574ee289e529">
<enum>
(4)
</enum>
<header>
Administrative
costs
</header>
<text>
The Secretary may provide not more than 5 percent of the
funds made available for grants under this subsection to pay the administrative
costs of the Pacific Region Educational Laboratory regarding activities
assisted under this subsection.
</text>
</paragraph>
</subsection>
<subsection id="IDec363190f3984e50a44e4ddb8933d0f9">
<enum>
(f)
</enum>
<header>
Hold-harmless
provisions
</header>
<paragraph id="ID87a6e8ff76074777aaea337593534eaa">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Notwithstanding subsection (c), for fiscal year 2015 and each succeeding fiscal year, no eligible
agency
shall receive an allotment under this section that is less than 90 percent of
the allotment the eligible agency received for the preceding fiscal year under
this section.
</text>
</paragraph>
<paragraph id="IDedd0144e1f25445fbecb800381ae0dba">
<enum>
(2)
</enum>
<header>
Ratable
reduction
</header>
<text>
If for any fiscal year the amount available for
allotment under this title is insufficient to satisfy the provisions of
paragraph (1) the Secretary shall ratably reduce the payments to all
eligible agencies, as necessary.
</text>
</paragraph>
</subsection>
<subsection id="IDa531e19ce1554334afa4fbda994e3380">
<enum>
(g)
</enum>
<header>
Reallotment
</header>
<text>
The
portion of any eligible agency’s allotment under this title for a fiscal year
that the Secretary determines will not be required for the period such
allotment is available for carrying out activities under this title, shall be
available for reallotment from time to time, on such dates during such period
as the Secretary shall fix, to other eligible agencies in proportion to the
original allotments to such agencies under this title for such year.
</text>
</subsection>
</section>
<section id="ID4244badaebea4c18bdc2ea9bbb0ab54d">
<enum>
212.
</enum>
<header>
Performance
accountability system
</header>
<text display-inline="no-display-inline">
Programs
and activities authorized in this title are subject to the performance
accountability provisions described in section 116.
</text>
</section>
</subtitle>
<subtitle id="id6C92557158D742F9B1A49B1A2CC4B7DB">
<enum>
B
</enum>
<header>
State
provisions
</header>
<section id="ID543f75af16c343918382b1f7b8f64f50">
<enum>
221.
</enum>
<header>
State
administration
</header>
<text display-inline="no-display-inline">
Each eligible
agency shall be responsible for the State or outlying area administration of
activities under this title, including—
</text>
<paragraph id="ID61b3db67e0654c708d99cdbda4beb837">
<enum>
(1)
</enum>
<text>
the
development, implementation, and monitoring of the relevant components of the
unified State plan in section 102 or the combined State plan in section
103;
</text>
</paragraph>
<paragraph id="IDeb912c0b980a46f596aa00859b501fd2">
<enum>
(2)
</enum>
<text>
consultation with
other appropriate agencies, groups, and individuals that are involved in, or
interested in, the development and implementation of activities assisted under
this title; and
</text>
</paragraph>
<paragraph id="ID99a3e9cc968a49ca970b46ef3d62c290">
<enum>
(3)
</enum>
<text>
coordination and
nonduplication with other Federal and State education, training, corrections,
public housing, and social service programs.
</text>
</paragraph>
</section>
<section id="IDd90fbf924dec444aa01f126ac52fc617">
<enum>
222.
</enum>
<header>
State
distribution of funds; matching requirement
</header>
<subsection id="IDc21e7a0dff9a418395380fb2d0701e08">
<enum>
(a)
</enum>
<header>
State
distribution of funds
</header>
<text>
Each eligible agency receiving a grant
under section 211(b) for a fiscal year—
</text>
<paragraph id="IDee61452b6c734ed48baef94da5ccab68">
<enum>
(1)
</enum>
<text>
shall use not
less than 82.5 percent of the grant funds to award grants and contracts under
section 231 and to carry out section 225, of which not more than 20 percent of
such amount shall be available to carry out section 225;
</text>
</paragraph>
<paragraph id="ID242ea0d4af9c409294b8caa6685f32b5">
<enum>
(2)
</enum>
<text>
shall use not
more than 12.5 percent of the grant funds to carry out State leadership
activities under section 223; and
</text>
</paragraph>
<paragraph id="ID6ec1d40e62ad4fce9294e538fe434b0f">
<enum>
(3)
</enum>
<text>
shall use not
more than 5 percent of the grant funds, or $85,000, whichever is greater, for
the administrative expenses of the eligible agency.
</text>
</paragraph>
</subsection>
<subsection id="ID03840cbd49ee47fb8bcbb6a0e113d2de">
<enum>
(b)
</enum>
<header>
Matching
requirement
</header>
<paragraph id="IDbbb45f09d4ad4169893e25e2c9d55bb8">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In order to receive a grant from the Secretary under
section 211(b) each eligible agency shall provide, for the costs to be incurred
by the eligible agency in carrying out the adult education and literacy
activities for which the grant is awarded, a non-Federal contribution in an
amount that is not less than—
</text>
<subparagraph id="ID8383eccc2cdd4ed3af0bd890ca4ee53c">
<enum>
(A)
</enum>
<text>
in the case of an
eligible agency serving an outlying area, 12 percent of the total amount of
funds expended for adult education and literacy activities in the outlying
area, except that the Secretary may decrease the amount of funds required under
this subparagraph for an eligible agency; and
</text>
</subparagraph>
<subparagraph id="ID2fd3e68381c8478cac1b30795211dbb9">
<enum>
(B)
</enum>
<text>
in the case of an
eligible agency serving a State, 25 percent of the total amount of funds
expended for adult education and literacy activities in the State.
</text>
</subparagraph>
</paragraph>
<paragraph id="IDdaa4de26051e49048f3e4366a23cb3da">
<enum>
(2)
</enum>
<header>
Non-Federal
contribution
</header>
<text>
An eligible agency’s non-Federal contribution
required under paragraph (1) may be provided in cash or in kind, fairly
evaluated, and shall include only non-Federal funds that are used for adult
education and literacy activities in a manner that is consistent with the
purpose of this title.
</text>
</paragraph>
</subsection>
</section>
<section id="IDfc48470c088944008fd469fcae79df8b">
<enum>
223.
</enum>
<header>
State
leadership activities
</header>
<subsection id="ID123a516ecbb24242b4d3a323cce978f3">
<enum>
(a)
</enum>
<header>
Activities
</header>
<paragraph id="IDa07feb3ab44147a091bdec7675fd4d14">
<enum>
(1)
</enum>
<header>
Required
</header>
<text>
Each
eligible agency shall use funds made available under section 222(a)(2) for the
following adult education and literacy activities to develop or enhance the
adult education system of the State or outlying area:
</text>
<subparagraph id="ID08140ecfbb57481582c02cd1beef7727">
<enum>
(A)
</enum>
<text>
The alignment of
adult education and literacy activities with other core programs and one-stop
partners, including eligible providers, to implement the strategy identified in
the unified State plan under section 102 or the combined State plan under
section 103, including the development of career pathways to provide access to
employment and training services for individuals in adult education and
literacy activities.
</text>
</subparagraph>
<subparagraph id="ID195613a677874d5cb3d6a95685552d64">
<enum>
(B)
</enum>
<text>
The establishment
or operation of high quality professional development programs to improve the
instruction provided pursuant to local activities required under section
231(b), including instruction incorporating the essential components of reading
instruction as such components relate to adults, instruction related to the
specific needs of adult learners, instruction provided by volunteers or by
personnel of a State or outlying area, and dissemination of information about
models and promising practices related to such programs.
</text>
</subparagraph>
<subparagraph id="ID070ff196a1964f95a656809d8c9d7b31">
<enum>
(C)
</enum>
<text>
The provision of
technical assistance to eligible providers of adult education and literacy
activities receiving funds under this title, including—
</text>
<clause id="ID0aebd7430c7942d182836098f6499e8c">
<enum>
(i)
</enum>
<text>
the
development and dissemination of instructional and programmatic practices based
on the most rigorous or scientifically valid research available and
appropriate, in reading, writing, speaking, mathematics, English language
acquisition programs, distance education, and staff training;
</text>
</clause>
<clause id="ID4d4c33693c144e83a5fe18c327b93548">
<enum>
(ii)
</enum>
<text>
the
role of eligible providers as a one-stop partner to provide access to
employment, education, and training services; and
</text>
</clause>
<clause id="ID80cdb8b5b643414c855d1d87ef101e4c">
<enum>
(iii)
</enum>
<text>
assistance in
the use of technology, including for staff training, to eligible providers,
especially the use of technology to improve system efficiencies.
</text>
</clause>
</subparagraph>
<subparagraph id="IDfa568ae277ce4c639f852639fbc37b8f">
<enum>
(D)
</enum>
<text>
The monitoring
and evaluation of the quality of, and the improvement in, adult education and
literacy activities and the dissemination of information about models and
proven or promising practices within the State.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID73b6bfaa3edd42f790531a3973717d21">
<enum>
(2)
</enum>
<header>
Permissible
activities
</header>
<text>
Each eligible agency may use funds made available
under section 222(a)(2) for 1 or more of the following adult education and
literacy activities:
</text>
<subparagraph id="id7E27B95688DF4CE2BA3A27F368E23CA5">
<enum>
(A)
</enum>
<text>
The support of
State or regional networks of literacy resource centers.
</text>
</subparagraph>
<subparagraph id="ID51e1b4af286b4d3db9382b4404fda6b5">
<enum>
(B)
</enum>
<text>
The development
and implementation of technology applications, translation technology, or
distance education, including professional development to support the use of
instructional technology.
</text>
</subparagraph>
<subparagraph id="IDf48c7b5866074cecae0536146778ba10">
<enum>
(C)
</enum>
<text>
Developing and
disseminating curricula, including curricula incorporating the essential
components of reading instruction as such components relate to adults.
</text>
</subparagraph>
<subparagraph id="IDc70cfecb935844ebb2baaab5a2ac6dcf">
<enum>
(D)
</enum>
<text>
Developing
content and models for integrated education and training and career pathways.
</text>
</subparagraph>
<subparagraph id="IDcee7512d4d334243a96e2d4f10096f13">
<enum>
(E)
</enum>
<text>
The provision of
assistance to eligible providers in developing and implementing programs that
achieve the objectives of this title and in measuring the progress of those
programs in achieving such objectives, including meeting the State adjusted
levels of performance described in section 116(b)(3).
</text>
</subparagraph>
<subparagraph id="ID36b4070b8fd9427db36119e73ff1ab86">
<enum>
(F)
</enum>
<text>
The development
and implementation of a system to assist in the transition from adult education
to postsecondary education, including linkages with postsecondary educational
institutions or institutions of higher education.
</text>
</subparagraph>
<subparagraph id="ID2366ab295d8041bfab8366bce37d6898">
<enum>
(G)
</enum>
<text>
Integration of
literacy and English language instruction with occupational skill training,
including promoting linkages with employers.
</text>
</subparagraph>
<subparagraph id="IDe81f36a8fc1a42fba75bffde59c6756a">
<enum>
(H)
</enum>
<text>
Activities to
promote workplace adult education and literacy activities.
</text>
</subparagraph>
<subparagraph id="ID1006f52e2aca4a9594dd63c4f075cb76">
<enum>
(I)
</enum>
<text>
Identifying
curriculum frameworks and aligning rigorous content standards that—
</text>
<clause id="ID366983f9ebd74a7abb2fd8ba075173ee">
<enum>
(i)
</enum>
<text>
specify
what adult learners should know and be able to do in the areas of reading and
language arts, mathematics, and English language acquisition; and
</text>
</clause>
<clause id="IDabb4d8e841a1406ab3225add8c6b19b0">
<enum>
(ii)
</enum>
<text>
take
into consideration the following:
</text>
<subclause id="IDe4a4177f7f7247dc824ec18c806fa929">
<enum>
(I)
</enum>
<text>
State adopted
academic standards.
</text>
</subclause>
<subclause id="IDb4825d0fb45b4acf841ddbfcdee5fadc">
<enum>
(II)
</enum>
<text>
The
current adult skills and literacy assessments used in the State or outlying
area.
</text>
</subclause>
<subclause id="ID4adeb223f94845c3a00d95d774d71866">
<enum>
(III)
</enum>
<text>
The primary
indicators of performance described in section 116.
</text>
</subclause>
<subclause id="ID3bdf4507c3c94ef28cdc1f5ee5a9c385">
<enum>
(IV)
</enum>
<text>
Standards and
academic requirements for enrollment in nonremedial, for-credit courses in
postsecondary educational institutions or institutions of higher education
supported by the State or outlying area.
</text>
</subclause>
<subclause id="IDf29f9906dd3a445ba9195f520a0aef1d">
<enum>
(V)
</enum>
<text>
Where
appropriate, the content of occupational and industry skill standards widely
used by business and industry in the State or outlying area.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="IDccadf78ef039445b9407d39968497adb">
<enum>
(J)
</enum>
<text>
Developing and piloting of strategies for
improving teacher quality and retention.
</text>
</subparagraph>
<subparagraph id="ID7639a5cef387437fa818f365be89a736">
<enum>
(K)
</enum>
<text>
The development
and implementation of programs and services to meet the needs of adult learners
with learning disabilities or English language learners, which may include new and
promising assessment tools and strategies that are based on scientifically
valid research, where appropriate, and identify the needs and capture the
gains of such students at the lowest achievement levels.
</text>
</subparagraph>
<subparagraph id="IDc84284b635cb468596dd3c668e019186">
<enum>
(L)
</enum>
<text>
Outreach to instructors, students, and employers.
</text>
</subparagraph>
<subparagraph id="ID73b0884e948549cd9e783114bd84e760">
<enum>
(M)
</enum>
<text>
Other activities
of statewide significance that promote the purpose of this title.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="ID16e0fc7f084b45e7bdc3576f2fb3bb67">
<enum>
(b)
</enum>
<header>
Collaboration
</header>
<text>
In
carrying out this section, eligible agencies shall collaborate where possible,
and avoid duplicating efforts, in order to maximize the impact of the
activities described in subsection (a).
</text>
</subsection>
<subsection id="ID7acd9e9fc1d54b5791dd8fe48d996640">
<enum>
(c)
</enum>
<header>
State-imposed
requirements
</header>
<text>
Whenever a State or outlying area implements any
rule or policy relating to the administration or operation of a program
authorized under this title that has the effect of imposing a requirement that
is not imposed under Federal law (including any rule or policy based on a State
or outlying area interpretation of a Federal statute, regulation, or
guideline), the State or outlying area shall identify, to eligible providers,
the rule or policy as being imposed by the State or outlying area.
</text>
</subsection>
</section>
<section id="ID0623f18c45de4871a64732bbccf8b5dc">
<enum>
224.
</enum>
<header>
State
plan
</header>
<text display-inline="no-display-inline">
Each State desiring to
receive funds under this title for any fiscal year shall submit and have
approved a unified State plan in
accordance with section 102 or a combined State plan in accordance with section
103.
</text>
</section>
<section id="IDc456540e29a54b6d96271ba54fc5f440">
<enum>
225.
</enum>
<header>
Programs for
corrections education and other institutionalized individuals
</header>
<subsection id="ID496a403debc34a7aa3b2b86e0947c289">
<enum>
(a)
</enum>
<header>
Program
authorized
</header>
<text>
From funds made available under section 222(a)(1) for
a fiscal year, each eligible agency shall carry out corrections education and
education for other institutionalized individuals.
</text>
</subsection>
<subsection id="ID58b0683f5a2b433c84ab3898b8a627fc">
<enum>
(b)
</enum>
<header>
Uses of
funds
</header>
<text>
The funds described in subsection (a) shall be used for the
cost of educational programs for criminal offenders in correctional
institutions and for other institutionalized individuals, including academic
programs for—
</text>
<paragraph id="ID0e435f3561a74cf19e67ca129c6b48c9">
<enum>
(1)
</enum>
<text>
adult education
and literacy activities;
</text>
</paragraph>
<paragraph id="IDea927f91c49c4aaebd1ca7a89a60cec3">
<enum>
(2)
</enum>
<text>
special
education, as determined by the eligible agency;
</text>
</paragraph>
<paragraph id="ID1661beba587d41dca44551b8998aa214">
<enum>
(3)
</enum>
<text>
secondary school
credit;
</text>
</paragraph>
<paragraph id="ID02771d840f5b416ab27036d1628c5f12">
<enum>
(4)
</enum>
<text>
integrated
education and training;
</text>
</paragraph>
<paragraph id="ID01ddb97e446e41e6b34fd8a118f382ca">
<enum>
(5)
</enum>
<text>
career
pathways;
</text>
</paragraph>
<paragraph id="IDc1907e326dc74d86b7060bcb32d9346a">
<enum>
(6)
</enum>
<text>
concurrent
enrollment;
</text>
</paragraph>
<paragraph id="IDb9f0622eceb544bfb7c70d2e8ae5b6e1">
<enum>
(7)
</enum>
<text>
peer
tutoring; and
</text>
</paragraph>
<paragraph id="ID6532cebaa9914647b0357afd21e83995">
<enum>
(8)
</enum>
<text>
transition to
re-entry initiatives and other postrelease services with the goal of reducing
recidivism.
</text>
</paragraph>
</subsection>
<subsection id="IDb1b032899ebf431f815ef55d3fcc6066">
<enum>
(c)
</enum>
<header>
Priority
</header>
<text>
Each
eligible agency that is using assistance provided under this section to carry
out a program for criminal offenders within a correctional institution shall
give priority to serving individuals who are likely to leave the correctional
institution within 5 years of participation in the program.
</text>
</subsection>
<subsection id="IDed0c50ed66cb4eaea3e18058dc36afa6">
<enum>
(d)
</enum>
<header>
Report
</header>
<text>
In
addition to any report required under section 116, each eligible agency that
receives assistance provided under this section shall annually prepare and
submit to the Secretary a report on the progress, as described in section 116,
of the eligible agency with respect to the programs and activities carried out
under this section, including the relative rate of recidivism for the criminal
offenders served.
</text>
</subsection>
<subsection id="ID4348052991c34fe193a44930da71bc6a">
<enum>
(e)
</enum>
<header>
Definitions
</header>
<text>
In
this section:
</text>
<paragraph id="ID49ff60153d7841a6b562cf179dbbcba1">
<enum>
(1)
</enum>
<header>
Correctional
institution
</header>
<text>
The term
<term>
correctional institution
</term>
means
any—
</text>
<subparagraph id="IDa1b3c0dbe3ce4501938554e619e9bbfb">
<enum>
(A)
</enum>
<text>
prison;
</text>
</subparagraph>
<subparagraph id="ID28f719dff1434b30a9dbc0b4b7358d61">
<enum>
(B)
</enum>
<text>
jail;
</text>
</subparagraph>
<subparagraph id="ID398ef9ddba7f46be87dbe982ded107e1">
<enum>
(C)
</enum>
<text>
reformatory;
</text>
</subparagraph>
<subparagraph id="ID75313546bdb343c1a77f56116740954c">
<enum>
(D)
</enum>
<text>
work farm;
</text>
</subparagraph>
<subparagraph id="IDd522c2c8fb314ed2b5d79ff05c4af80f">
<enum>
(E)
</enum>
<text>
detention center;
or
</text>
</subparagraph>
<subparagraph id="IDe78cd5f84ed242e588e3ffc3c534c54d">
<enum>
(F)
</enum>
<text>
halfway house,
community-based rehabilitation center, or any other similar institution
designed for the confinement or rehabilitation of criminal offenders.
</text>
</subparagraph>
</paragraph>
<paragraph id="IDa9752aa1d22a40928089ed812b839838">
<enum>
(2)
</enum>
<header>
Criminal
offender
</header>
<text>
The term
<term>
criminal offender
</term>
means any
individual who is charged with or convicted of any criminal offense.
</text>
</paragraph>
</subsection>
</section>
</subtitle>
<subtitle id="idE9A016B3F4804006AE4825C0147A7CEA">
<enum>
C
</enum>
<header>
Local
provisions
</header>
<section id="IDe836fbf5fa3b483bac7dfd49edf22056">
<enum>
231.
</enum>
<header>
Grants and
contracts for eligible providers
</header>
<subsection id="IDc1047ef11c9a4971941a4f2328828a86">
<enum>
(a)
</enum>
<header>
Grants and
contracts
</header>
<text>
From grant funds made available under section
222(a)(1), each eligible agency shall award multiyear grants or contracts, on a
competitive basis, to eligible providers within the State or outlying area to
enable the eligible providers to develop, implement, and improve adult
education and literacy activities within the State.
</text>
</subsection>
<subsection id="ID8ec2db156b1646f58269af5c827d5723">
<enum>
(b)
</enum>
<header>
Required local
activities
</header>
<text>
The eligible agency shall require that each eligible
provider receiving a grant or contract under subsection (a) use the grant or
contract to establish or operate programs that provide adult education and
literacy activities, including programs that provide such activities
concurrently.
</text>
</subsection>
<subsection id="ID92150e8cdbd74713987cf60aad23d8e0">
<enum>
(c)
</enum>
<header>
Direct and
equitable access; same process
</header>
<text display-inline="yes-display-inline">
Each eligible agency
receiving funds under this title shall ensure that—
</text>
<paragraph id="IDb4619b250ca347579f8b23e13c883241">
<enum>
(1)
</enum>
<text>
all eligible
providers have direct and equitable access to apply and compete for grants or
contracts under this section; and
</text>
</paragraph>
<paragraph id="ID8f4856a625334cdf965bd6d4994c661b">
<enum>
(2)
</enum>
<text>
the same grant or
contract announcement process and application process is used for all eligible
providers in the State or outlying area.
</text>
</paragraph>
</subsection>
<subsection id="IDc49f794134fa479ca5a1f3f8241e86db">
<enum>
(d)
</enum>
<header>
Special
rule
</header>
<text>
Each eligible agency awarding a grant or contract under this
section shall not use any funds made available under this title for adult
education and literacy activities for the purpose of supporting or providing
programs, services, or activities for individuals who are not individuals
described in subparagraphs (A) and (B) of section 203(4), except that such
agency may use such funds for such purpose if such programs, services, or
activities are related to family literacy activities. In providing family
literacy activities under this title, an eligible provider shall attempt to
coordinate with programs and services that are not assisted under this title
prior to using funds for adult education and literacy activities under this
title for activities other than activities for eligible individuals.
</text>
</subsection>
<subsection id="IDd9955fc276e9448db13cf0070599c195">
<enum>
(e)
</enum>
<header>
Considerations
</header>
<text>
In
awarding grants or contracts under this section, the eligible agency shall
consider—
</text>
<paragraph id="ID54320b8661bd46b599799d2d997c12aa">
<enum>
(1)
</enum>
<text>
the
degree to which the eligible provider would be responsive to—
</text>
<subparagraph id="id862349BA24CB46039A8ABF4F3D11D27B">
<enum>
(A)
</enum>
<text>
regional needs as
identified in the local plan under section 108; and
</text>
</subparagraph>
<subparagraph id="idEC6307DBB99C454B996E91FC12566A05">
<enum>
(B)
</enum>
<text>
serving
individuals in the community who were identified in such plan as most in need
of adult education and literacy activities, including individuals—
</text>
<clause id="id16FBC70D34F041A0A8B5D0825B20D499">
<enum>
(i)
</enum>
<text>
who
have low levels of literacy skills; or
</text>
</clause>
<clause id="idE23ADA7C70B24A84AF9A32DA6CEC5FE3">
<enum>
(ii)
</enum>
<text>
who
are English language learners;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="idD69AF89E260648FBB8DD693443E9226A">
<enum>
(2)
</enum>
<text>
the ability of the eligible provider to serve eligible individuals with disabilities, including
eligible individuals with learning disabilities;
</text>
</paragraph>
<paragraph id="IDcbc1619acadd40859f8c51c6e1c4e3d0">
<enum>
(3)
</enum>
<text>
past effectiveness of the eligible provider in improving the literacy of eligible individuals, to
meet State-adjusted levels of performance for the
primary indicators of performance described in section 116, especially with respect
to eligible individuals who have low
levels of literacy;
</text>
</paragraph>
<paragraph id="IDcaafc3e1a7c64c928a477cac031bc175">
<enum>
(4)
</enum>
<text>
the
extent to which the eligible provider demonstrates alignment between proposed
activities and services and the strategy and goals of the local plan under
section 108, as well as the activities and services of the one-stop
partners;
</text>
</paragraph>
<paragraph id="ID226461a21adf457a9e855ef9672591b9">
<enum>
(5)
</enum>
<text>
whether the
eligible provider’s program—
</text>
<subparagraph id="IDc0a691d926984a719007c3d1eaa9a56d">
<enum>
(A)
</enum>
<text>
is of sufficient
intensity and quality, and based on the most rigorous research available so
that participants achieve substantial learning gains; and
</text>
</subparagraph>
<subparagraph id="ID19e0f0d4a0ee4dbd8194c55675bfdf23">
<enum>
(B)
</enum>
<text>
uses
instructional practices that include the essential components of reading
instruction;
</text>
</subparagraph>
</paragraph>
<paragraph id="ID4eede0f4159844f3a0b66d15019c63f6">
<enum>
(6)
</enum>
<text>
whether the
eligible provider’s activities, including whether reading, writing, speaking,
mathematics, and English language acquisition instruction delivered by the
eligible provider, are based on the best practices derived from the most
rigorous research available and appropriate, including scientifically
valid research and
effective educational practice;
</text>
</paragraph>
<paragraph id="ID8c72e1f1863947c09d05d80347b69b03">
<enum>
(7)
</enum>
<text>
whether the
eligible provider’s activities effectively use technology, services, and
delivery systems, including distance education in a manner sufficient to increase
the amount and quality of learning and how such technology, services, and
systems lead to improved performance;
</text>
</paragraph>
<paragraph id="ID4b33dc26d49b45ddb63331553dbd8992">
<enum>
(8)
</enum>
<text>
whether the
eligible provider’s activities provide learning in context, including through
integrated education and training, so that an individual acquires the skills
needed to transition to and complete postsecondary education and training
programs, obtain and advance in employment leading to economic
self-sufficiency, and to exercise the rights and responsibilities of
citizenship;
</text>
</paragraph>
<paragraph id="IDc90ebd2628bb4a83827f6185221bac5c">
<enum>
(9)
</enum>
<text>
whether the
eligible provider’s activities are delivered by well-trained instructors,
counselors, and administrators who meet any minimum qualifications established
by the State, where applicable, and who have access to high quality
professional development, including through electronic means;
</text>
</paragraph>
<paragraph id="IDd131b48f33ad407391620fb73989c961">
<enum>
(10)
</enum>
<text>
whether the
eligible provider’s activities coordinate with other available education,
training, and social service resources in the community, such as by
establishing strong links with elementary schools and secondary schools,
postsecondary educational institutions, institutions of higher education, local
workforce investment boards, one-stop centers, job training programs, and
social service agencies, business, industry, labor organizations,
community-based organizations, nonprofit organizations, and intermediaries, for
the development of career pathways;
</text>
</paragraph>
<paragraph id="ID8fd205e1cd60490ea26fdb0579e8d3b8">
<enum>
(11)
</enum>
<text>
whether the
eligible provider’s activities offer flexible schedules and coordination with
Federal, State, and local support services (such as child care, transportation,
mental health services, and career planning) that are necessary to enable
individuals, including individuals with disabilities or other special needs, to
attend and complete programs;
</text>
</paragraph>
<paragraph id="IDd9a52f0416634e4196c3155482d4ae9c">
<enum>
(12)
</enum>
<text>
whether the
eligible provider maintains a high-quality information management system that
has the capacity to report measurable participant outcomes (consistent with
section 116) and to monitor program performance; and
</text>
</paragraph>
<paragraph id="IDf36762070cb340db8b6e9ed3d6d21d6b">
<enum>
(13)
</enum>
<text>
whether the
local areas in which the eligible provider is located have a demonstrated need
for additional English language acquisition programs and civics education
programs.
</text>
</paragraph>
</subsection>
</section>
<section id="ID812e5fa5526a48e69427a95a50b31274">
<enum>
232.
</enum>
<header>
Local
application
</header>
<text display-inline="no-display-inline">
Each eligible
provider desiring a grant or contract from an eligible agency shall submit an
application to the eligible agency containing such information and assurances
as the eligible agency may require, including—
</text>
<paragraph id="IDf248e891f5a54a8f8e557d287f7605ac">
<enum>
(1)
</enum>
<text>
a
description of how funds awarded under this title will be spent consistent with
the requirements of this title;
</text>
</paragraph>
<paragraph id="IDbf7517a904ac4b8fb1ec16f87a1784c3">
<enum>
(2)
</enum>
<text>
a
description of any cooperative arrangements the eligible provider has with
other agencies, institutions, or organizations for the delivery of adult
education and literacy activities;
</text>
</paragraph>
<paragraph id="ID7d6b39947b5f4021aee578b79c8bca64">
<enum>
(3)
</enum>
<text>
a
description of how the eligible provider will provide services in alignment
with the local plan under section 108, including how such provider will promote
concurrent enrollment in programs and activities under title I, as
appropriate;
</text>
</paragraph>
<paragraph id="IDb885b8cfc60e4c2fb2dc34a0e0db0b8d">
<enum>
(4)
</enum>
<text>
a
description of how the eligible provider will meet the State adjusted levels of
performance described in section 116(b)(3), including how such provider will
collect data to report on such performance indicators;
</text>
</paragraph>
<paragraph id="IDdfd6b162a03b481a96ca70acc051f28d">
<enum>
(5)
</enum>
<text>
a
description of how the eligible provider will fulfill one-stop partner
responsibilities as described in section 121(b)(1)(A), as appropriate;
</text>
</paragraph>
<paragraph id="IDe387492972d6457bb7d4d197b2cda168">
<enum>
(6)
</enum>
<text>
a
description of how the eligible provider will provide services in a manner that
meets the needs of eligible individuals; and
</text>
</paragraph>
<paragraph id="ID498c0707598e4918a8d1be34db186086">
<enum>
(7)
</enum>
<text>
information that
addresses the considerations described under section 231(e), as
applicable.
</text>
</paragraph>
</section>
<section id="IDd2847871a9584d66a6fc3914d70f2489">
<enum>
233.
</enum>
<header>
Local
administrative cost limits
</header>
<subsection id="ID755d3e280bfb4deb82d2e86a1e44cfc7">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Subject to subsection (b), of the amount that is made
available under this title to an eligible provider—
</text>
<paragraph id="IDc10dde6195c2411d968896ce28de2c44">
<enum>
(1)
</enum>
<text>
not
less than 95 percent shall be expended for carrying out adult education and
literacy activities; and
</text>
</paragraph>
<paragraph id="IDbb2a562fe1ca4bee882a115a602b7743">
<enum>
(2)
</enum>
<text>
the
remaining amount, not to exceed 5 percent, shall be used for planning,
administration (including carrying out the requirements of section 116),
professional development, and the activities described in paragraphs (3) and
(5) of section 232.
</text>
</paragraph>
</subsection>
<subsection id="ID583a851900074b60aacb8ba3c6abcb83">
<enum>
(b)
</enum>
<header>
Special
rule
</header>
<text>
In cases where the cost limits described in subsection (a)
are too restrictive to allow for the activities described in subsection (a)(2),
the eligible provider shall negotiate with the eligible agency in order to
determine an adequate level of funds to be used for noninstructional
purposes.
</text>
</subsection>
</section>
</subtitle>
<subtitle id="id59D68837A36D4B3FB1165FC53F750AF8">
<enum>
D
</enum>
<header>
General
provisions
</header>
<section id="ID44336a7b46a446faacb7bf875a0b5942">
<enum>
241.
</enum>
<header>
Administrative
provisions
</header>
<subsection id="IDd64c012333f3490990ac6eed8d9de8e6">
<enum>
(a)
</enum>
<header>
Supplement not
supplant
</header>
<text>
Funds made available for adult education and literacy
activities under this title shall supplement and not supplant other State or
local public funds expended for adult education and literacy activities.
</text>
</subsection>
<subsection id="ID85f98fd52ee042b7b915fa9b014fbe72">
<enum>
(b)
</enum>
<header>
Maintenance of
effort
</header>
<paragraph id="ID59fe9b961c704cda8f51e6a28f615ac3">
<enum>
(1)
</enum>
<header>
In
general
</header>
<subparagraph id="ID8f403b30b2db47858d8da152b79655e8">
<enum>
(A)
</enum>
<header>
Determination
</header>
<text>
An
eligible agency may receive funds under this title for any fiscal year if the
Secretary finds that the fiscal effort per student or the aggregate
expenditures of such eligible agency for activities under this title, in the
second preceding fiscal year, were not less than 90 percent of the fiscal
effort per student or the aggregate expenditures of such eligible agency for
adult education and literacy activities in the third preceding fiscal
year.
</text>
</subparagraph>
<subparagraph id="IDe87429b3986147caa282919033bd5091">
<enum>
(B)
</enum>
<header>
Proportionate
reduction
</header>
<text>
Subject to paragraphs (2), (3), and (4), for any fiscal
year with respect to which the Secretary determines under subparagraph (A) that
the fiscal effort or the aggregate expenditures of an eligible agency for the
preceding program year were less than such effort or expenditures for the
second preceding program year, the Secretary—
</text>
<clause id="IDae5a95574b494f26a8b8c22af2bd1221">
<enum>
(i)
</enum>
<text>
shall
determine the percentage decreases in such effort or in such expenditures;
and
</text>
</clause>
<clause id="IDa7e1bce1572d464d90414c0ddf5886d3">
<enum>
(ii)
</enum>
<text>
shall
decrease the payment made under this title for such program year to the agency
for adult education and literacy activities by the lesser of such
percentages.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="IDc92e6d34050241519a19d738a4fa4bd5">
<enum>
(2)
</enum>
<header>
Computation
</header>
<text>
In
computing the fiscal effort and aggregate expenditures under paragraph (1), the
Secretary shall exclude capital expenditures and special one-time project
costs.
</text>
</paragraph>
<paragraph id="IDa776d87d376a4870a0254f0d841df2fc">
<enum>
(3)
</enum>
<header>
Decrease in
Federal support
</header>
<text>
If the amount made available for adult education
and literacy activities under this title for a fiscal year is less than the
amount made available for adult education and literacy activities under this
title for the preceding fiscal year, then the fiscal effort per student and the
aggregate expenditures of an eligible agency required in order to avoid a
reduction under paragraph (1)(B) shall be decreased by the same percentage as
the percentage decrease in the amount so made available.
</text>
</paragraph>
<paragraph id="ID469865c0503d44cb9d2cd4d2f8533376">
<enum>
(4)
</enum>
<header>
Waiver
</header>
<text>
The
Secretary may waive the requirements of this subsection for not more than 1
fiscal year, if the Secretary determines that a waiver would be equitable due
to exceptional or uncontrollable circumstances, such as a natural disaster or
an unforeseen and precipitous decline in the financial resources of the State
or outlying area of the eligible agency. If the Secretary grants a waiver under
the preceding sentence for a fiscal year, the level of effort required under
paragraph (1) shall not be reduced in the subsequent fiscal year because of the
waiver.
</text>
</paragraph>
</subsection>
</section>
<section id="ID07826bf31f8f43539bb49c3a9ef4f910">
<enum>
242.
</enum>
<header>
National
leadership activities
</header>
<subsection id="ID893209beab4842208b45c8b5764262e7">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall establish and carry out a program of
national leadership activities to enhance the quality and outcomes of adult
education and literacy activities and programs nationwide.
</text>
</subsection>
<subsection id="idE3C519AF4B2945388AE65D7C3E46F186">
<enum>
(b)
</enum>
<header>
Required
activities
</header>
<text>
The national leadership activities described in
subsection (a) shall include technical assistance, including—
</text>
<paragraph id="idD25667384B9047869B5D5079803FDC5A">
<enum>
(1)
</enum>
<text>
assistance to
help States meet the requirements of section 116;
</text>
</paragraph>
<paragraph id="idC552A433881748ECAAACD3D1A066128D">
<enum>
(2)
</enum>
<text>
upon
request by a State, assistance provided to eligible providers in using
performance accountability measures based on indicators described in section
116, and data systems for the improvement of adult education and literacy
activities;
</text>
</paragraph>
<paragraph id="id3D7F613E0D5747EDB5B9ACA983588E62">
<enum>
(3)
</enum>
<text>
carrying out
rigorous research and evaluation on effective adult education and literacy
activities, as well as estimating the number of adults functioning at the
lowest levels of literacy proficiency, which shall be coordinated across relevant
Federal agencies, including the Institute of Education Sciences; and
</text>
</paragraph>
<paragraph id="id81D351626CD84CEAB442C9278F0ED474">
<enum>
(4)
</enum>
<text>
carrying out an independent evaluation at least once every 4 years of the programs and activities
under this title, taking into consideration the evaluation subjects
referred to in section 169(a)(2).
</text>
</paragraph>
</subsection>
<subsection id="ID3874a530bc444fc39e1a4efd79fe5304">
<enum>
(c)
</enum>
<header>
Allowable
activities
</header>
<text>
The national leadership activities described in
subsection (a) may include the following:
</text>
<paragraph id="IDc4b4ad0468dd479bb64daccef80c59a8">
<enum>
(1)
</enum>
<text>
Technical
assistance, including—
</text>
<subparagraph id="IDe44662cc8782413cb7e5d5581e13e919">
<enum>
(A)
</enum>
<text>
assistance
related to professional development activities, and assistance for the purposes
of developing, improving, identifying, and disseminating the most successful
methods and techniques for providing adult education and literacy activities,
based on scientifically valid research where available;
</text>
</subparagraph>
<subparagraph id="ID6d63ee1b8d6c412080b3b82ab1d4cc8b">
<enum>
(B)
</enum>
<text>
assistance in
distance education and promoting and improving the use of technology in the
classroom, including instruction in English language acquisition for English
language learners;
</text>
</subparagraph>
<subparagraph id="IDa0cf6e6404ea4c02b16d5df4f2cc2068">
<enum>
(C)
</enum>
<text>
assistance in the
development and dissemination of proven models for addressing the digital
literacy needs of adults, including older adults; and
</text>
</subparagraph>
<subparagraph id="idEE81598D3C264532949A5A46E08CD4FF">
<enum>
(D)
</enum>
<text>
supporting efforts aimed at strengthening programs at the State and local levels, such as technical
assistance in program planning, assessment, evaluation, and monitoring of
activities carried out under this title.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID134603538a814e4cbf741f8b19c4b15f">
<enum>
(2)
</enum>
<text>
Funding national
leadership activities either directly
or through grants, contracts, or cooperative agreements awarded on a
competitive basis to or with postsecondary educational institutions,
institutions of higher education, public or private organizations or agencies
(including public libraries),
or consortia of such institutions, organizations, or agencies, which may include—
</text>
<subparagraph id="IDb42d4f768f1b45b096a46db5557c825b">
<enum>
(A)
</enum>
<text>
developing,
improving, and identifying the most successful methods and techniques for
addressing the education needs of adults, including instructional practices
using the essential components of reading instruction based on the work of the
National Institute of Child Health and Human Development;
</text>
</subparagraph>
<subparagraph id="id621EC5CA171B4BCBB1221183257B8CC7">
<enum>
(B)
</enum>
<text>
supporting national, regional, or local networks of private nonprofit organizations, public
libraries, or institutions of higher education to strengthen the ability
of such networks’ members to meet the performance requirements described
in section 116 of eligible providers;
</text>
</subparagraph>
<subparagraph id="ID27644638bba54f948d157033fa52e88d">
<enum>
(C)
</enum>
<text>
increasing the
effectiveness, and improving the quality, of adult education and literacy
activities, which may include—
</text>
<clause id="idda27a6e71ae841e78371c6a92055e4f7">
<enum>
(i)
</enum>
<text>
carrying out rigorous research;
</text>
</clause>
<clause id="id14972c497f3b435ab396ed9ec9aa7307">
<enum>
(ii)
</enum>
<text>
carrying out demonstration programs;
</text>
</clause>
<clause id="idc6f3b6c644bb444597055f7078b6d850">
<enum>
(iii)
</enum>
<text>
accelerating learning outcomes for eligible individuals with the lowest literacy levels;
</text>
</clause>
<clause id="idbf8503ad47d8434da0e91cb89f6af8f6">
<enum>
(iv)
</enum>
<text>
developing and promoting career pathways for eligible individuals;
</text>
</clause>
<clause id="idba8dc3361e554b7b8549163cfdb6c507">
<enum>
(v)
</enum>
<text>
promoting concurrent enrollment programs in adult education and credit bearing postsecondary
coursework;
</text>
</clause>
<clause id="id1182a9cf82bd4398a01420a4ae4cef65">
<enum>
(vi)
</enum>
<text>
developing high-quality professional development activities for eligible providers; and
</text>
</clause>
<clause id="idebb79b61cb7d4ec6aa9db46941971601">
<enum>
(vii)
</enum>
<text>
developing, replicating, and disseminating information on best practices and innovative programs,
such as—
</text>
<subclause id="id900c085006b742e0afb30b72d9ac24ff">
<enum>
(I)
</enum>
<text>
the identification of effective strategies for working with adults with learning disabilities and
with adults who are English language learners;
</text>
</subclause>
<subclause id="id04c363ee875d4eed8d774478058882b7">
<enum>
(II)
</enum>
<text>
integrated education and training programs;
</text>
</subclause>
<subclause id="id168abd59a8fd485291395e264c3cb975">
<enum>
(III)
</enum>
<text>
workplace adult education and literacy activities; and
</text>
</subclause>
<subclause id="idd5afea179c284ec99bc658edef2c871e">
<enum>
(IV)
</enum>
<text>
postsecondary education and training transition programs;
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="ID9ff9614d63224705984a865153db6d36">
<enum>
(D)
</enum>
<text>
providing for the
conduct of an independent evaluation and assessment of adult education and
literacy activities through grants and contracts awarded on a competitive
basis, which shall include descriptions of—
</text>
<clause id="ID37da7f3f66784c6e8eed88a79a5dcbea">
<enum>
(i)
</enum>
<text>
the
effect of performance accountability measures and other measures of
accountability on the delivery of adult education and literacy
activities;
</text>
</clause>
<clause id="ID6f19ef352ad944f49e67d0f664dc6c10">
<enum>
(ii)
</enum>
<text>
the
extent to which the adult education and literacy activities increase the
literacy skills of eligible individuals, lead to involvement in education and
training, enhance the employment and earnings of such participants, and, if
applicable, lead to other positive outcomes, such as success in re-entry and
reductions in recidivism in the case of prison-based adult education and
literacy activities;
</text>
</clause>
<clause id="ID30bedcbbbf074be4ae7e7b0321735684">
<enum>
(iii)
</enum>
<text>
the
extent to which the provision of support services to eligible individuals
enrolled in adult education and literacy activities increase the rate of
enrollment in, and successful completion of, such programs; and
</text>
</clause>
<clause id="ID8efd7e15183246359a9709dd23c41fc7">
<enum>
(iv)
</enum>
<text>
the
extent to which different types of providers measurably improve the skills of
eligible individuals in adult education and literacy activities;
</text>
</clause>
</subparagraph>
<subparagraph id="IDbedea7eab6d94b2d8ce1c566f4d919de">
<enum>
(E)
</enum>
<text>
collecting data,
such as data regarding the improvement of both local and State data systems,
through technical assistance and development of model performance data
collection systems;
</text>
</subparagraph>
<subparagraph id="IDe1537a79ac7a43dd809f6e7512405029">
<enum>
(F)
</enum>
<text>
determining how
participation in adult education and literacy activities prepares eligible
individuals for entry into postsecondary education and employment and, in the
case of programs carried out in correctional institutions, has an effect on
recidivism; and
</text>
</subparagraph>
<subparagraph id="ID0bb25f121aff461eac597abe665d2d97">
<enum>
(G)
</enum>
<text>
other activities
designed to enhance the quality of adult education and literacy activities
nationwide.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="ID6402e8eb5de54528bbbe59abb68c7e3f">
<enum>
243.
</enum>
<header>
Integrated
English literacy and civics education
</header>
<subsection id="IDddc1589e7a1a44d5a2c6a826ea52acd9">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
From funds made available under section 211(a)(2) for
each fiscal year, the Secretary shall award grants to States, from allotments
under subsection (b), for integrated English literacy and civics
education, in combination with integrated education and training activities.
</text>
</subsection>
<subsection id="ID2033e3dccbd64f72a1c1d7237a81b00e">
<enum>
(b)
</enum>
<header>
Allotment
</header>
<paragraph id="IDf2b79786ad9347fabee5ab268e3a36d5">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Subject to paragraph (2), from amounts made available
under section 211(a)(2) for a fiscal year, the Secretary shall allocate—
</text>
<subparagraph id="ID4490fb90e2f843268753c923d8cae47b">
<enum>
(A)
</enum>
<text>
65 percent to the
States on the basis of a State’s need for integrated English literacy and
civics education, as determined by calculating each State’s share of a 10-year
average of the data of the Office of Immigration Statistics of the Department
of Homeland Security for immigrants admitted for legal permanent residence for
the 10 most recent years; and
</text>
</subparagraph>
<subparagraph id="IDbb2cf532b5384214b9d203f19ddfba9c">
<enum>
(B)
</enum>
<text>
35 percent to the
States on the basis of whether the State experienced growth, as measured by the
average of the 3 most recent years for which the data of the Office of
Immigration Statistics of the Department of Homeland Security for immigrants
admitted for legal permanent residence are available.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID8d6ca08049df4ab3a13a4f02b13bc00c">
<enum>
(2)
</enum>
<header>
Minimum
</header>
<text>
No
State shall receive an allotment under paragraph (1) in an amount that is less
than $60,000.
</text>
</paragraph>
</subsection>
<subsection id="idee2bc7b1580d4ffb9e34ae5810b30976">
<enum>
(c)
</enum>
<header>
Goal
</header>
<text>
Each program that receives funding under this section shall be designed to—
</text>
<paragraph id="id73ac9ce6fc7b48779063978f1e0c079f">
<enum>
(1)
</enum>
<text>
prepare adults who are English language learners for, and place such adults in, unsubsidized
employment in in-demand industries and occupations that lead to economic
self-sufficiency; and
</text>
</paragraph>
<paragraph id="idedbe0b8b8db34b27b27ee5fca0a643b8">
<enum>
(2)
</enum>
<text>
integrate with the local workforce development system and its functions to carry out the activities
of the program.
</text>
</paragraph>
</subsection>
<subsection id="id4524978f89ab42719e13ab1e1db7245d">
<enum>
(d)
</enum>
<header>
Report
</header>
<text>
The Secretary shall prepare and submit to the Committee on Education and the Workforce of the House
of Representatives, and the Committee on Health, Education, Labor, and
Pensions of the Senate and make available to the public, a report on the
activities carried out under this section.
</text>
</subsection>
</section>
</subtitle>
</title>
<title id="id45403260001B478CB8B4A16C922E9EB9">
<enum>
III
</enum>
<header>
Amendments to the Wagner-Peyser Act
</header>
<section id="idE04E39D155A943DD8947D2711C828E41">
<enum>
301.
</enum>
<header>
Employment service offices
</header>
<text display-inline="no-display-inline">
Section 1 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49
</external-xref>
) is amended by inserting
<quote>
service
</quote>
before
<quote>
offices
</quote>
.
</text>
</section>
<section id="id4589B8D4F2344A40ABAE213FD71573D4">
<enum>
302.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 2 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49a">
29 U.S.C. 49a
</external-xref>
) is amended—
</text>
<paragraph id="idD0A85468C185449FB266715E628C3EDA">
<enum>
(1)
</enum>
<text>
by striking paragraph (1) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id6D8723EB3940419C8418BBFAE42F62D4" reported-display-style="italic" style="OLC">
<paragraph commented="no" id="id0CB037403FAF4CD28F3D848D734B16D6">
<enum>
(1)
</enum>
<text>
the terms
<term>
chief elected official
</term>
,
<term>
institution of higher education
</term>
,
<term>
one-stop center
</term>
,
<term>
one-stop partner
</term>
,
<term>
training services
</term>
,
<term>
workforce development activity
</term>
, and
<term>
workplace learning advisor
</term>
, have the meaning given the terms in section 3 of the Workforce Innovation and Opportunity Act;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="idCFE85CCD0C794CC0B4E1E4E6DA59095F">
<enum>
(2)
</enum>
<text>
in paragraph (2)—
</text>
<subparagraph id="id66A9B59DC7D447F684DA3BE399339B73">
<enum>
(A)
</enum>
<text>
by striking
<quote>
investment board
</quote>
each place it appears and inserting
<quote>
development board
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id7610A8A82A9F428BBA0E0198674CA92A">
<enum>
(B)
</enum>
<text>
by striking
<quote>
section 117 of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
section 107 of the Workforce Innovation and Opportunity Act
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="idB38C3ABCCBB6469F8EA9CF43C9A2E672">
<enum>
(3)
</enum>
<text>
in paragraph (3)—
</text>
<subparagraph id="idDFFAD5272C494A6F970E2CB923767004">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
134(c)
</quote>
and inserting
<quote>
121(e)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id1EBF13E880D64E368FED48099CCADF94">
<enum>
(B)
</enum>
<text>
by striking
<quote>
Workforce Investment Act of 1998
</quote>
and inserting
<quote>
Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="id800D6F0836DA445393605ADB50537274">
<enum>
(4)
</enum>
<text>
in paragraph (4), by striking
<quote>
and
</quote>
at the end;
</text>
</paragraph>
<paragraph id="id1D467A8DE14F4FB7B6D2DB8980A22709">
<enum>
(5)
</enum>
<text>
in paragraph (5), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="id8B3A6EB02B504ADCAB676698AC2382FC">
<enum>
(6)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id2B98FB4E9D8A4DA8ABBBC139A9EC2FD2" reported-display-style="italic" style="OLC">
<paragraph id="id43A71F23226A42ECB5735F37537765CD">
<enum>
(6)
</enum>
<text>
the term
<term>
employment service office
</term>
means a local office of a State agency; and
</text>
</paragraph>
<paragraph id="idEAC0BF7641D447B3B6264558E50345C0">
<enum>
(7)
</enum>
<text>
except in section 15, the term
<term>
State agency
</term>
, used without further description, means an agency designated or authorized under section 4.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="idBC7B83179ABF4F38B1F591BFE43AD372">
<enum>
303.
</enum>
<header>
Federal and State employment service offices
</header>
<subsection commented="no" id="idF1FD45B1D57646F7B67F8C528C6B52D0">
<enum>
(a)
</enum>
<header>
Coordination
</header>
<text>
Section 3(a) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49b">
29 U.S.C. 49b(a)
</external-xref>
) is amended by striking
<quote>
services
</quote>
and inserting
<quote>
service offices
</quote>
.
</text>
</subsection>
<subsection id="ID42a452d1b26a418596dd6b9749cffdc5">
<enum>
(b)
</enum>
<header>
Public labor exchange services system
</header>
<text>
Section 3(c) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49b">
29 U.S.C. 49b(c)
</external-xref>
) is amended—
</text>
<paragraph id="idA0303559EDD74F509B132DAEE411405E">
<enum>
(1)
</enum>
<text>
in paragraph (2), by striking the semicolon and inserting
<quote>
, and identify and disseminate information on best practices for such system; and
</quote>
; and
</text>
</paragraph>
<paragraph id="idA54593DDEF454F8C9129A697BE261489">
<enum>
(2)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id09B68A07840E4269A15D6A7B5BB8387F" reported-display-style="italic" style="OLC">
<paragraph id="id04327610C0AB4470AEE112FAA2D41D1E">
<enum>
(4)
</enum>
<text>
in coordination with the State agencies and the staff of such agencies, assist in the planning and
implementation of activities to enhance the professional development and
career advancement opportunities of such staff, in order to strengthen the
provision of a broad range of career guidance services, the
identification
of job openings (including providing intensive outreach to small and
medium-sized
employers and enhanced employer services), the provision of technical
assistance and training to other providers of workforce development
activities (including workplace learning advisors) relating to counseling
and employment-related services, and the development of new strategies
for
coordinating counseling and technology.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="id8814281408A847C4976A6C7BE26F9A17">
<enum>
(c)
</enum>
<header>
One-stop centers
</header>
<text>
Section 3 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49b">
29 U.S.C. 49b
</external-xref>
) is amended by inserting after subsection (c) the
following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idF37DDC78CB954EDA9615E4D6776165B7" reported-display-style="italic" style="traditional">
<subsection id="idFC219D792D404CE38BDD5F78DE144256">
<enum>
(d)
</enum>
<text>
In order to improve service delivery, avoid duplication of services, and enhance coordination of
services, including location of staff to ensure access to services under
section 7(a) statewide in underserved areas, employment service offices in
each State shall be colocated with one-stop centers.
</text>
</subsection>
<subsection id="ID49a24eadad0240df98e069376170de14">
<enum>
(e)
</enum>
<text>
The Secretary, in consultation with States, is authorized to assist the States in the development
of national electronic tools that may be used to improve access to
workforce information for individuals through—
</text>
<paragraph id="ID8a401dc210124c38a6bc73ea8af1f04b">
<enum>
(1)
</enum>
<text>
the one-stop delivery systems established as described in section 121(e) of the Workforce
Innovation and Opportunity Act; and
</text>
</paragraph>
<paragraph id="IDea9227bfc79d4c5bbf6af1eef93bfdb2">
<enum>
(2)
</enum>
<text>
such other delivery systems as the Secretary determines to be appropriate.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="id7287093C929E42F2AA17839E806CAAC9">
<enum>
304.
</enum>
<header>
Allotment of sums
</header>
<text display-inline="no-display-inline">
Section 6 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49e">
29 U.S.C. 49e
</external-xref>
) is amended—
</text>
<paragraph id="ID5c3d08a97df345d99922ed22fecd0dda">
<enum>
(1)
</enum>
<text>
in subsection (a), by striking
<quote>
amounts appropriated pursuant to section 5
</quote>
and inserting
<quote>
funds appropriated and (except for Guam) certified under section 5 and made available for
allotments under this section
</quote>
; and
</text>
</paragraph>
<paragraph id="IDd5040eda9501448a905ff053650801e2">
<enum>
(2)
</enum>
<text>
in subsection (b)(1)—
</text>
<subparagraph id="idDE95EF9A2A78413BBE2190CC4C2FB5AF">
<enum>
(A)
</enum>
<text>
in the matter preceding subparagraph (A)—
</text>
<clause id="id5C6926571E9D46B8A0E38F5D85C4D59D">
<enum>
(i)
</enum>
<text>
by inserting before
<quote>
the Secretary
</quote>
the following
<quote>
after making the allotments required by subsection (a),
</quote>
; and
</text>
</clause>
<clause id="id255DD4B7BBF14CE2B6813282869B0BC0">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
sums
</quote>
and all that follows through
<quote>
this Act
</quote>
and inserting
<quote>
funds described in subsection (a)
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="idED4D0BB8438E4AF3AF249EAC4F678933">
<enum>
(B)
</enum>
<text>
in each of subparagraphs (A) and (B), by striking
<quote>
sums
</quote>
and inserting
<quote>
remainder
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id6548F954D3124D72B046C9FA71A73580">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
<quote>
For purposes of this paragraph, the term
<term>
State
</term>
does not include Guam or the Virgin Islands.
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="id2E9E833D3F6742048A219C4D2EEC3319">
<enum>
305.
</enum>
<header>
Use of sums
</header>
<subsection id="id37B2E093CFC64E1FA12EC8DBF652CB72">
<enum>
(a)
</enum>
<header>
Improved coordination
</header>
<text>
Section 7(a)(1) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49f">
29 U.S.C. 49f(a)(1)
</external-xref>
) is amended by inserting
<quote>
, including unemployment insurance claimants,
</quote>
after
<quote>
seekers
</quote>
.
</text>
</subsection>
<subsection id="id94183B3ECE714DEFBE556DA36BE1F485">
<enum>
(b)
</enum>
<header>
Resources for unemployment insurance claimants
</header>
<text display-inline="yes-display-inline">
Section 7(a)(3) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49f">
29 U.S.C. 49f(a)(3)
</external-xref>
) is amended—
</text>
<paragraph id="idA4D577CBB5244496A6A11850F758F3F5">
<enum>
(1)
</enum>
<text>
by striking
<quote>
and
</quote>
at the end of subparagraph (E);
</text>
</paragraph>
<paragraph id="id3AD4937914224F798F4931E67744B329">
<enum>
(2)
</enum>
<text>
in subparagraph (F)—
</text>
<subparagraph id="idDF9BE9BC448842A09C19E65DD0F19B58">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
, including making eligibility assessments,
</quote>
after
<quote>
system
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idAECF9BA5B4F1463AB7AD867366642F86">
<enum>
(B)
</enum>
<text>
by striking the period at the end and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="idF808E29AC8BB4F29B71951ED3DB921C7">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
by inserting after subparagraph (F) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id6984A12FA92043079112A69A929D97A8" reported-display-style="italic" style="traditional">
<subparagraph id="ID2b5d0dae5d5941f8b854bff3aedd8cc6">
<enum>
(G)
</enum>
<text>
providing unemployment insurance claimants with referrals to, and application assistance for,
training and education resources and programs, including Federal Pell
Grants under subpart 1 of part A of title IV of the Higher Education Act
of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1070a">
20 U.S.C. 1070a et seq.
</external-xref>
), educational assistance under chapter 30
of title 38, United States Code (commonly referred to as the Montgomery GI
Bill), and chapter 33 of that title (Post-9/11 Veterans Educational
Assistance), student assistance under title IV of the Higher Education Act
of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1070">
20 U.S.C. 1070 et seq.
</external-xref>
), State student higher education
assistance, and training and education programs provided under titles I
and II of the Workforce Innovation and Opportunity Act, and title I of the
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
).
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" id="id12D2231B3C5943B7AC486A9DFA9410C9">
<enum>
(c)
</enum>
<header>
State activities
</header>
<text>
Section 7(b) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49f">
29 U.S.C. 49f(b)
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="id46AA4802D39A40ADB28C1AD50A8D6760">
<enum>
(1)
</enum>
<text>
in paragraph (1), by striking
<quote>
performance standards established by the Secretary
</quote>
and inserting
<quote>
the performance accountability measures that are based on indicators described in section
116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="idB4DB6F23458048FEA719B16DD81F9175">
<enum>
(2)
</enum>
<text>
in paragraph (2), by inserting
<quote>
offices
</quote>
after
<quote>
employment service
</quote>
; and
</text>
</paragraph>
<paragraph id="id722a124555de484cbad753e19124f7be">
<enum>
(3)
</enum>
<text>
in paragraph (3), by inserting
<quote>
, and models for enhancing professional development and career advancement opportunities of State
agency staff, as described in section 3(c)(4)
</quote>
after
<quote>
subsection (a)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="id3C12EAD551294198A7B8C0CE72AD58DD">
<enum>
(d)
</enum>
<header>
Providing additional funds
</header>
<text>
Subsections (c)(2) and (d) of section 7 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49f">
29 U.S.C. 49f
</external-xref>
) are amended by
striking
<quote>
the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="id638A50EA2AA34041B9D203359426423A">
<enum>
(e)
</enum>
<header>
Conforming amendment
</header>
<text>
Section 7(e) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49f">
29 U.S.C. 49f(e)
</external-xref>
) is amended by striking
<quote>
labor employment statistics
</quote>
and inserting
<quote>
workforce and labor market information
</quote>
.
</text>
</subsection>
</section>
<section id="id36D40A342E3D434AB7EFC5FA00DCE0D1">
<enum>
306.
</enum>
<header>
State plan
</header>
<text display-inline="no-display-inline">
Section 8 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49g">
29 U.S.C. 49g
</external-xref>
) is amended to read as follows:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id83000FF070E64AAB995B0BC5286C482F" reported-display-style="italic" style="traditional">
<section id="IDb6586863a81b474e9df7e6df0d03b178">
<enum>
8.
</enum>
<text display-inline="yes-display-inline">
Any State desiring to receive assistance under section 6 shall prepare and submit to, and have
approved by, the Secretary and the Secretary of Education, a State plan in
accordance with section 102 or 103 of the Workforce Innovation and
Opportunity Act.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="IDb26f0d62138049dcb1650caaee627261">
<enum>
307.
</enum>
<header>
Performance measures
</header>
<text display-inline="no-display-inline">
Section 13(a) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l">
29 U.S.C. 49l(a)
</external-xref>
) is amended to read as follows:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id88B331238D1847339DDABE6300BE4FAF" reported-display-style="italic" style="traditional">
<subsection id="id1A01CAB5517B42DD9B578BB8ED237705">
<enum>
(a)
</enum>
<text display-inline="yes-display-inline">
The activities carried out pursuant to section 7 shall be subject to the performance accountability
measures that are based on indicators described in section 116(b)(2)(A)(i)
of the Workforce Innovation and Opportunity Act.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="idDCCB4698F2E14810B639C1DC4BD089D6">
<enum>
308.
</enum>
<header>
Workforce and labor market information system
</header>
<subsection id="idE19C656557B94B30B1934FB3FC742D6B">
<enum>
(a)
</enum>
<header>
Heading
</header>
<text display-inline="yes-display-inline">
The section heading for section 15 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2
</external-xref>
) is amended by
striking
<quote>
<header-in-text level="section" style="OLC">
Employment statistics
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
Workforce and labor market information system
</header-in-text>
</quote>
.
</text>
</subsection>
<subsection id="idC4E97652186C47EBB4D24AF6FFA80210">
<enum>
(b)
</enum>
<header>
Name of system
</header>
<text>
Section 15(a)(1) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(a)(1)
</external-xref>
) is amended by striking
<quote>
employment statistics system of employment statistics
</quote>
and inserting
<quote>
workforce and labor market information system
</quote>
.
</text>
</subsection>
<subsection id="ID44168a9da0304d849fb23b49318784ec">
<enum>
(c)
</enum>
<header>
System responsibilities
</header>
<text>
Section 15(b) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(b)
</external-xref>
) is amended—
</text>
<paragraph id="id14C54264785E4AD7930ADD28B8A5A6CD">
<enum>
(1)
</enum>
<text>
by striking paragraph (1) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id15C5AF90B4ED4B2981C151049C548F27" reported-display-style="italic" style="OLC">
<paragraph id="idFF26320E78024783A528891B82B930BD">
<enum>
(1)
</enum>
<header>
In general
</header>
<subparagraph id="ID0c7bc3c1f3de45eea3070548f690c5c2">
<enum>
(A)
</enum>
<header>
Structure
</header>
<text>
The workforce and labor market information system described in subsection (a) shall be evaluated
and improved by the Secretary, in consultation with the Workforce
Information Advisory Council established in subsection (d).
</text>
</subparagraph>
<subparagraph id="ID825735d29cac4cf385d551dec4f65fb0">
<enum>
(B)
</enum>
<header>
Grants and responsibilities
</header>
<clause id="IDffe997fada2a40539771dadab20e5f9b">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
The Secretary shall carry out the provisions of this section in a timely manner, through grants to
or agreements with States.
</text>
</clause>
<clause id="ID938462b001ba4d68a93b050b5e2d0e9e">
<enum>
(ii)
</enum>
<header>
Distribution of funds
</header>
<text>
Using amounts appropriated under subsection (g), the Secretary shall provide funds through those
grants and agreements. In distributing the funds (relating to workforce
and labor market information funding) for fiscal years 2015 through 2020,
the Secretary shall continue to distribute the funds to States in the
manner in which the Secretary distributed funds to the States under this
section for fiscal years 2004 through 2008.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="id5DD6569EAAAC408CA3B9871824AF8472">
<enum>
(2)
</enum>
<text>
by striking paragraph (2) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idC67AF35D8B534A9BA0D81D3CF80FC215" reported-display-style="italic" style="OLC">
<paragraph id="idE346B38FC3DE4B819F3490F91EB06795">
<enum>
(2)
</enum>
<header>
Duties
</header>
<text>
The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor
market information for the system, shall carry out the following duties:
</text>
<subparagraph id="idB84F044B05D94E82853DAF1577E30E45">
<enum>
(A)
</enum>
<text>
Assign responsibilities within the Department of Labor for elements of the workforce and labor
market information system described in subsection (a) to ensure that the
statistical and administrative data collected is consistent with
appropriate Bureau of Labor Statistics standards and definitions, and that
the information is accessible and understandable to users of such data.
</text>
</subparagraph>
<subparagraph id="ID6C47EB32EC5B4B94A81C4805A3E3E9C2">
<enum>
(B)
</enum>
<text>
Actively seek the cooperation of heads of other Federal agencies to establish and maintain
mechanisms for ensuring complementarity and nonduplication in the
development and operation of statistical and administrative data
collection activities.
</text>
</subparagraph>
<subparagraph id="ID33406ae3458240a093c19baf02b87b02">
<enum>
(C)
</enum>
<text>
Solicit, receive, and evaluate the recommendations from the Workforce Information Advisory Council
established in subsection (d) concerning the evaluation and improvement of
the workforce and labor market information system described in subsection
(a) and respond in writing to the Council regarding the recommendations.
</text>
</subparagraph>
<subparagraph id="ID5AF42E6C597C41AC9919763F764B30A8">
<enum>
(D)
</enum>
<text>
Eliminate gaps and duplication in statistical undertakings.
</text>
</subparagraph>
<subparagraph id="ID1D17A0F8B3C04B139A38164552C1EC39">
<enum>
(E)
</enum>
<text>
Through the Bureau of Labor Statistics and the Employment and Training Administration, and in
collaboration with States, develop and maintain the elements of the
workforce and labor market information system described in subsection (a),
including the development of consistent procedures and definitions for use
by the States in collecting the data and information described in
subparagraphs (A) and (B) of subsection (a)(1).
</text>
</subparagraph>
<subparagraph id="ID5DB46A3990614DC1B92135C851DADC86">
<enum>
(F)
</enum>
<text>
Establish procedures for the system to ensure that—
</text>
<clause id="ID78DACA542B59442EB8AE3F26520F75D3">
<enum>
(i)
</enum>
<text>
such data and information are timely; and
</text>
</clause>
<clause id="IDB10567D5D7104ADE914A43C7C6A4026C">
<enum>
(ii)
</enum>
<text>
paperwork and reporting for the system are reduced to a minimum.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="ID79ef46c2d00d429f95aedb270018f244">
<enum>
(d)
</enum>
<header>
Two-year plan
</header>
<text>
Section 15 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2
</external-xref>
) is amended by striking subsection (c) and
inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idE5A7549525474220B4251FEBFBE1623F" reported-display-style="italic" style="OLC">
<subsection id="id28D8C3158C0F45C5B8BCB8EB44A9800B">
<enum>
(c)
</enum>
<header>
Two-year plan
</header>
<text>
The Secretary, acting through the Commissioner of Labor Statistics and the Assistant Secretary for
Employment and Training, and in consultation with the Workforce
Information Advisory Council described in subsection (d) and heads of
other appropriate Federal agencies, shall prepare a 2-year plan for the
workforce and labor market information system. The plan shall be developed
and implemented in a manner that takes into account the activities
described in State plans submitted by States under section 102 or 103 of
the Workforce Innovation and Opportunity Act and shall be submitted to the
Committee on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the Senate.
The plan shall include—
</text>
<paragraph id="ID289512049d6442dc82c80ba4920cb1b6">
<enum>
(1)
</enum>
<text>
a description of how the Secretary will work with the States to manage the nationwide workforce and
labor market information system described in subsection (a) and the
statewide workforce and labor market information systems that comprise the
nationwide system;
</text>
</paragraph>
<paragraph id="ID5c4e2992eb8f4381befef2352a5265dc">
<enum>
(2)
</enum>
<text>
a description of the steps to be taken in the following 2 years to carry out the duties described
in subsection (b)(2);
</text>
</paragraph>
<paragraph id="ID746508b71e5e45d29a73c1e6a557a163">
<enum>
(3)
</enum>
<text>
an evaluation of the performance of the system, with particular attention to the improvements
needed at the State and local levels;
</text>
</paragraph>
<paragraph id="IDe6fc27bda0e04b13ae8e2cea89e96afb">
<enum>
(4)
</enum>
<text>
a description of the involvement of States in the development of the plan, through consultation by
the Secretary with the Workforce Information Advisory Council in
accordance with subsection (d); and
</text>
</paragraph>
<paragraph id="ID015edf338f264230bd879f8dd19999a9">
<enum>
(5)
</enum>
<text>
a description of the written recommendations received from the Workforce Information Advisory
Council established under subsection (d), and the extent to which those
recommendations were incorporated into the plan.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="ID1366543318c8418382ad44be56c06a6e">
<enum>
(e)
</enum>
<header>
Workforce information advisory council
</header>
<text>
Section 15 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2
</external-xref>
) is amended by striking subsection (d) and
inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id70EE0A2090A14ED58D897926EDE248F6" reported-display-style="italic" style="OLC">
<subsection id="id130F63072B514682B593C6D8586D8E59">
<enum>
(d)
</enum>
<header>
Workforce information advisory council
</header>
<paragraph id="ID1597d71548a24deca22b6e47c978da14">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Secretary, through the Commissioner of Labor Statistics and the Assistant Secretary for
Employment and Training, shall formally consult at least twice annually
with the Workforce Information Advisory Council established in accordance
with paragraph (2). Such consultations shall address the evaluation and
improvement of the nationwide workforce and labor market information
system described in subsection (a) and the statewide workforce and labor
market information systems that comprise the nationwide system and how the
Department of Labor and the States will cooperate in the management of
such systems. The Council shall provide written recommendations to the
Secretary concerning the evaluation and improvement of the nationwide
system, including any recommendations regarding the 2-year plan described
in subsection (c).
</text>
</paragraph>
<paragraph id="IDe1021f86cbea4cf29543c7d96de03334">
<enum>
(2)
</enum>
<header>
Establishment of council
</header>
<subparagraph id="ID4fbcd31ed044433b99097cda4e42bbba">
<enum>
(A)
</enum>
<header>
Establishment
</header>
<text>
The Secretary shall establish an advisory council that shall be known as the Workforce Information
Advisory Council (referred to in this section as the
<quote>
Council
</quote>
) to participate in the consultations and provide the recommendations described in paragraph (1).
</text>
</subparagraph>
<subparagraph id="ID45eb8f73846b401f9ceeb3220731e502">
<enum>
(B)
</enum>
<header>
Membership
</header>
<text>
The Secretary shall appoint the members of the Council, which shall consist of—
</text>
<clause id="IDf5671de42f4e4312b25de9f8fd279254">
<enum>
(i)
</enum>
<text>
4 members who are representatives of lead State agencies with responsibility for workforce
investment activities, or State agencies described in section 4, who have
been nominated by such agencies or by a national organization that
represents such agencies;
</text>
</clause>
<clause id="IDb3a2f55196964eb89bf30eae56aabe31">
<enum>
(ii)
</enum>
<text>
4 members who are representatives of the State workforce and labor market information directors
affiliated with the State agencies that perform the duties described in
subsection (e)(2), who have been nominated by the directors;
</text>
</clause>
<clause id="ID3af46dc293d2445283cc04efa9594659">
<enum>
(iii)
</enum>
<text>
1 member who is a representative of providers of training services under section 122 of the
Workforce Innovation and Opportunity Act;
</text>
</clause>
<clause id="ID296a13ec6273429793e72c5447845fb7">
<enum>
(iv)
</enum>
<text>
1 member who is a representative of economic development entities;
</text>
</clause>
<clause id="ID8592098638db4c7bae9903c364e1e97e">
<enum>
(v)
</enum>
<text>
1 member who is a representative of businesses, who has been nominated by national business
organizations or trade associations;
</text>
</clause>
<clause id="ID7f69656f03d444819f01ac0f2df91a7b">
<enum>
(vi)
</enum>
<text>
1 member who is a representative of labor organizations, who has been nominated by a national labor
federation;
</text>
</clause>
<clause id="ID4a5501ecbbf6435db7fe8350779dd906">
<enum>
(vii)
</enum>
<text>
1 member who is a representative of local workforce development boards, who has been nominated by a
national organization representing such boards; and
</text>
</clause>
<clause id="ID898153f7120a424d91f195b21bedb41b">
<enum>
(viii)
</enum>
<text>
1 member who is a representative of research entities that utilize workforce and labor market
information.
</text>
</clause>
</subparagraph>
<subparagraph id="IDe215f2eb7309474b9aeaf5529420826b">
<enum>
(C)
</enum>
<header>
Geographic diversity
</header>
<text>
The Secretary shall ensure that the membership of the Council is geographically diverse and that no
2 of the members appointed under clauses (i), (ii), and (vii) represent
the same State.
</text>
</subparagraph>
<subparagraph id="id7741B2063CB24E40938DBD5F1BDFD6AF">
<enum>
(D)
</enum>
<header>
Period of appointment; vacancies
</header>
<clause id="idB53CE4A23FC04F5C8B518E71A577BA53">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
Each member of the Council shall be appointed for a term of 3 years, except that the initial terms
for members may be 1, 2, or 3 years in order to establish a rotation in
which one-third of the members are selected each year. Any such member may
be appointed for not more than 2 consecutive terms.
</text>
</clause>
<clause id="id875D2A625AB748FF8FF89993C090B3FC">
<enum>
(ii)
</enum>
<header>
Vacancies
</header>
<text>
Any member appointed to fill a vacancy occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for the
remainder of that term. A member may serve after the expiration of that
member's term until a successor has taken office.
</text>
</clause>
</subparagraph>
<subparagraph id="ID727E11A29415415D888DBF1631255C36">
<enum>
(E)
</enum>
<header>
Travel expenses
</header>
<text>
The members of the Council shall not receive compensation for the performance of services for the
Council, but shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies under
subchapter I of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/57">
chapter 57
</external-xref>
of title 5, United States Code, while away from
their homes or regular places of business in the performance of services
for the Council. Notwithstanding
<external-xref legal-doc="usc" parsable-cite="usc/31/1342">
section 1342
</external-xref>
of title 31, United States
Code, the Secretary may accept the voluntary and uncompensated services of
members of the Council.
</text>
</subparagraph>
<subparagraph id="id64193DFB6F41453E83221D9870998A44">
<enum>
(F)
</enum>
<header>
Permanent council
</header>
<text>
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="idBF063070F2554E648DC8777034BB6C9F">
<enum>
(f)
</enum>
<header>
State responsibilities
</header>
<text>
Section 15(e) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(e)
</external-xref>
) is amended—
</text>
<paragraph id="id6309BB7B866748DFA39188C93BAA1170">
<enum>
(1)
</enum>
<text>
by striking
<quote>
employment statistics
</quote>
each place it appears and inserting
<quote>
workforce and labor market information
</quote>
;
</text>
</paragraph>
<paragraph id="id4399893F8B7949B6BD3060DB457EB780">
<enum>
(2)
</enum>
<text>
in paragraph (1)(A) by striking
<quote>
annual plan
</quote>
and inserting
<quote>
plan described in subsection (c)
</quote>
;
</text>
</paragraph>
<paragraph id="id93DED6A0CDD54898B3A7B1F90421A535">
<enum>
(3)
</enum>
<text>
in paragraph (2)—
</text>
<subparagraph id="id70FEC77294F342ACA3125C7BFD88977C">
<enum>
(A)
</enum>
<text>
in subparagraph (G), by inserting
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="id2E53FDBC4B9C45D4891D38818F2E6C65">
<enum>
(B)
</enum>
<text>
by striking subparagraph (H);
</text>
</subparagraph>
<subparagraph id="id33C79464BAEA48BDA73C9A553768C6A6">
<enum>
(C)
</enum>
<text>
in subparagraph (I), by striking
<quote>
section 136(f)(2) of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
section 116(i)(2) of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idE6CE0D253B744A0DAF58816A74A54747">
<enum>
(D)
</enum>
<text>
by redesignating subparagraph (I) as subparagraph (H).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="id90A2E67935B5418A8E4A186F9AD63C88">
<enum>
(g)
</enum>
<header>
Authorization of appropriations
</header>
<text>
Section 15(g) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(g)
</external-xref>
) is amended by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2004
</quote>
and inserting
<quote>
$60,153,000 for fiscal year 2015, $64,799,000 for fiscal year 2016, $66,144,000 for fiscal year
2017, $67,611,000 for fiscal year 2018, $69,200,000 for fiscal year 2019,
and $70,667,000 for fiscal year 2020
</quote>
.
</text>
</subsection>
</section>
</title>
<title id="id3E45DDAC29B146BEBB040BB5FD3F0CE5">
<enum>
IV
</enum>
<header>
Amendments to the Rehabilitation Act of 1973
</header>
<subtitle id="id927787E892A34FAC9C04921AA376BC9E">
<enum>
A
</enum>
<header>
Introductory Provisions
</header>
<section id="HA0428D1181934C5B95E373B64CC86045">
<enum>
401.
</enum>
<header>
References
</header>
<text display-inline="no-display-inline">
Except as otherwise specifically provided, whenever in this title an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a provision, the
amendment or repeal shall be considered to be made to a provision of the
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
).
</text>
</section>
<section id="id47555423B2E84005AE256CF434594116">
<enum>
402.
</enum>
<header>
Findings, purpose, policy
</header>
<subsection id="idBFCF3B870C404031B55AEEEB5BCB5C08">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text>
Section 2(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701(a)
</external-xref>
) is amended—
</text>
<paragraph id="idA62F59B3C5CA49C7ABD48C78B6CA52D0">
<enum>
(1)
</enum>
<text>
in paragraph (4), by striking
<quote>
workforce investment systems under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
workforce development systems defined in section 3 of the Workforce Innovation and Opportunity Act
</quote>
;
</text>
</paragraph>
<paragraph id="idC9CD25C5F6FE41E3A26BD730A8B430A7">
<enum>
(2)
</enum>
<text>
in paragraph (5), by striking
<quote>
and
</quote>
at the end;
</text>
</paragraph>
<paragraph id="id6043644D7466451EA74665AA772F6D80">
<enum>
(3)
</enum>
<text>
in paragraph (6), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="idBFA0508888FD45E19232D0281D558C5E">
<enum>
(4)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idF94BB316333141B78340C7B303C56BE3" reported-display-style="italic" style="OLC">
<paragraph id="IDa9ce0e0f20634ec8a2c6664e030df092">
<enum>
(7)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="id521F490A04A64E92814274BEBF0A09A0">
<enum>
(A)
</enum>
<text>
a high proportion of students with disabilities is leaving secondary education without being
employed in competitive integrated employment, or being enrolled in
postsecondary education; and
</text>
</subparagraph>
<subparagraph changed="added" id="idE627DBB00CEF44CBB7FCFB136BA3CF8D" indent="up1" reported-display-style="italic">
<enum>
(B)
</enum>
<text>
there is a substantial need to support such students as they transition from school to
postsecondary life.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="id3D6068A0B21D464CA2608DA872BB877D">
<enum>
(b)
</enum>
<header>
Purpose
</header>
<text>
Section 2(b) (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701(b)
</external-xref>
) is amended—
</text>
<paragraph id="id532440BF6D964058A132AE6807BCD91E">
<enum>
(1)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="id0DD13B9BEC564D85A884498C4EC0D59E">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
workforce investment systems implemented in accordance with title I of the Workforce Investment Act
of 1998
</quote>
and inserting
<quote>
workforce development systems defined in section 3 of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id673C8DF4850745CC89692AC2DF43AA14">
<enum>
(B)
</enum>
<text>
at the end of subparagraph (F), by striking
<quote>
and
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="id47D5B18B48EE48CE82C609F33F0702E7">
<enum>
(2)
</enum>
<text>
by redesignating paragraph (2) as paragraph (3);
</text>
</paragraph>
<paragraph id="id02453E463B584602B152D4F2E7F952EB">
<enum>
(3)
</enum>
<text>
by inserting after paragraph (1) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id14a0d4eaabe2436f9b7264c7042b8dbe" reported-display-style="italic" style="OLC">
<paragraph id="id0cd16eddee604019b618281f946befbb">
<enum>
(2)
</enum>
<text>
to maximize opportunities for individuals with disabilities, including individuals with significant
disabilities, for competitive integrated employment;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="idEAE3F5B213B84CDEB6259049DA7035B4">
<enum>
(4)
</enum>
<text>
in paragraph (3), as redesignated by paragraph (2), by striking the period at the end and inserting
a semicolon; and
</text>
</paragraph>
<paragraph id="id71B50635F1AC437DAAC1676F1CCC07D5">
<enum>
(5)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id200F03D072614BDCB37507F3B700ED7E" reported-display-style="italic" style="OLC">
<paragraph id="IDaf17bbf73e5447839929ebce513bf331">
<enum>
(4)
</enum>
<text>
to increase employment opportunities and employment outcomes for individuals with disabilities,
including through encouraging meaningful input by employers and vocational
rehabilitation service providers on successful and prospective employment
and placement strategies; and
</text>
</paragraph>
<paragraph id="IDacf75a58ece3405fb1b13a7d39c321ad">
<enum>
(5)
</enum>
<text>
to ensure, to the greatest extent possible, that youth with disabilities and students with
disabilities who are transitioning from receipt of special education
services under the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) and receipt of services under section 504 of this Act have
opportunities for postsecondary success.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
<section id="idD455C84BC4CC49DDBF4B013A89921CF7">
<enum>
403.
</enum>
<header>
Rehabilitation Services Administration
</header>
<text display-inline="no-display-inline">
Section 3 (
<external-xref legal-doc="usc" parsable-cite="usc/29/702">
29 U.S.C. 702
</external-xref>
) is amended—
</text>
<paragraph id="id2E06278C22EB41BD9142076FA4896D07">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="id987B284B54B5428597F9AA78F092FEBB">
<enum>
(A)
</enum>
<text>
in the first sentence, by inserting
<quote>
in the Department of Education
</quote>
after
<quote>
Secretary
</quote>
;
</text>
</subparagraph>
<subparagraph id="id9F4A34E7F7F14E01890C9DC63CFB430A">
<enum>
(B)
</enum>
<text>
by striking the second sentence and inserting
<quote>
Such Administration shall be the principal agency, and the Commissioner shall be the principal
officer, of the Department for purposes of carrying out titles I, III, VI,
and chapter 2 of title VII.
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id4F6E58D1A83E4DC7B2FA062A34BF4DA2">
<enum>
(C)
</enum>
<text>
in the fourth and sixth sentences, by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
the first place it appears; and
</text>
</subparagraph>
</paragraph>
<paragraph id="id39D8FBCC43CD4437BA4E1CFBAE4DB833">
<enum>
(2)
</enum>
<text>
in subsection (b), by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
.
</text>
</paragraph>
</section>
<section id="id0501BBFD0D4246F08E253FAC3854FBAB">
<enum>
404.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 7 (
<external-xref legal-doc="usc" parsable-cite="usc/29/705">
29 U.S.C. 705
</external-xref>
) is amended—
</text>
<paragraph id="id31FCB3848469401FA2396823F623A469">
<enum>
(1)
</enum>
<text>
in paragraph (2)(B)—
</text>
<subparagraph id="idDC8BB5E83DB84BD981FC14A2A43375B0">
<enum>
(A)
</enum>
<text>
in clause (iii), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="idBBAD13507FDD4E909F6C2ED78F87E036">
<enum>
(B)
</enum>
<text>
in clause (iv), by striking the semicolon and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id98066864A0FF49508130F48AD441016A">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id32D1C33ABF0040C8A26CBA02CE7FB91A" reported-display-style="italic" style="OLC">
<clause id="ID61407a189251407183808768df9b1397">
<enum>
(v)
</enum>
<text>
to the maximum extent possible, relies on information obtained from experiences in integrated
employment settings in the community, and other integrated community
settings;
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="idBAF3BEEC8D224F568351A09E98041CD2">
<enum>
(2)
</enum>
<text>
by striking paragraphs (3) and (4) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id38A5C2594F124EA783CAF556643AAD93" reported-display-style="italic" style="OLC">
<paragraph id="ID42fdf627f76c4748bb168e531f348092">
<enum>
(3)
</enum>
<header>
Assistive technology terms
</header>
<subparagraph id="ID154c6d6ffd084ca8aa1fb6045e8f7466">
<enum>
(A)
</enum>
<header>
Assistive technology
</header>
<text>
The term
<term>
assistive technology
</term>
has the meaning given such term in section 3 of the Assistive Technology Act of 1998 (29 U.S.C.
3002).
</text>
</subparagraph>
<subparagraph id="ID5858d75e33254157ba085b12a6747423">
<enum>
(B)
</enum>
<header>
Assistive technology device
</header>
<text>
The term
<term>
assistive technology device
</term>
has the meaning given such term in section 3 of the Assistive Technology Act of 1998, except that
the reference in such section to the term
<term>
individuals with disabilities
</term>
shall be deemed to mean more than 1 individual with a disability as defined in paragraph (20)(A)).
</text>
</subparagraph>
<subparagraph id="IDe98fe6c5a08d4f6191c3a8f4f5781a6a">
<enum>
(C)
</enum>
<header>
Assistive technology service
</header>
<text>
The term
<term>
assistive technology service
</term>
has the meaning given such term in section 3 of the Assistive Technology Act of 1998, except that
the reference in such section—
</text>
<clause id="ID8d33f62b08894a37bf13b08f24b1f969">
<enum>
(i)
</enum>
<text>
to the term
<term>
individual with a disability
</term>
shall be deemed to mean an individual with a disability, as defined in paragraph (20)(A); and
</text>
</clause>
<clause id="ID03f8f5c80da74a25a53dafc336a6e781">
<enum>
(ii)
</enum>
<text>
to the term
<term>
individuals with disabilities
</term>
shall be deemed to mean more than 1 such individual.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="id3FC5B453990142908B2855ABA4548301">
<enum>
(3)
</enum>
<text>
by redesignating paragraph (5) as paragraph (4);
</text>
</paragraph>
<paragraph id="id94A8BBC714E042688889F13B5E7FD534">
<enum>
(4)
</enum>
<text>
in paragraph (4), as redesignated by paragraph (3)—
</text>
<subparagraph id="id3B92FFF13E264518A1B634F7587F3BCC">
<enum>
(A)
</enum>
<text>
by redesignating subparagraphs (O) through (Q) as subparagraphs (P) through (R), respectively;
</text>
</subparagraph>
<subparagraph id="idB549F7C161574D84B971D0930205B656">
<enum>
(B)
</enum>
<text>
by inserting after subparagraph (N) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id682E77C0EC0547188BEF80DFF4CC14C5" reported-display-style="italic" style="OLC">
<subparagraph id="id24B74AE9A7DF482EBA3A4152CEDE5986">
<enum>
(O)
</enum>
<text>
customized employment;
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="id715F4F2118514CAEAE300F48C1407054">
<enum>
(C)
</enum>
<text>
in subparagraph (R), as redesignated by subparagraph (A) of this paragraph, by striking
<quote>
(P)
</quote>
and inserting
<quote>
(Q)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="id0CDDEA8A7C28429B9C8BC39106B52129">
<enum>
(5)
</enum>
<text>
by inserting before paragraph (6) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idDFDFAF84D4AE45CF94C5B5E1298CD117" reported-display-style="italic" style="OLC">
<paragraph id="idF5615A92F58B418CB918DD3F4487E0D5">
<enum>
(5)
</enum>
<header>
Competitive integrated employment
</header>
<text>
The term
<term>
competitive integrated employment
</term>
means work that is performed on a full-time or part-time basis (including self-employment)—
</text>
<subparagraph id="idba120ee88c074572b4c96170dcbf5c17">
<enum>
(A)
</enum>
<text>
for which an individual—
</text>
<clause id="idd39aad123a2f4627bd22c08fdf4cec6c">
<enum>
(i)
</enum>
<text>
is compensated at a rate that—
</text>
<subclause id="idf6fb1e4bd12744669fa0431da9a47c9b">
<enum>
(I)
</enum>
<item commented="no" display-inline="yes-display-inline" id="id3B75E0658AC64C58A89378E647D28F7D">
<enum>
(aa)
</enum>
<text>
shall be not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor
Standards Act of
1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/206">
29 U.S.C. 206(a)(1)
</external-xref>
) or the rate specified in the applicable State
or local minimum wage
law; and
</text>
</item>
<item changed="added" id="id5797cade73824c17b42275232c54cc1a" indent="up1" reported-display-style="italic">
<enum>
(bb)
</enum>
<text>
is not less than the customary rate paid by the employer for the same or similar work performed by
other employees who are not individuals with disabilities, and who are
similarly situated in similar occupations by the same employer and who
have similar training, experience, and skills; or
</text>
</item>
</subclause>
<subclause id="ide9f4514f0afd43ebb15f09f739bbb689">
<enum>
(II)
</enum>
<text>
in the case of an individual who is self-employed, yields an income that is comparable to the
income received by other
individuals who are not individuals with disabilities, and who are
self-employed in similar occupations or on similar tasks and who have
similar training, experience, and skills; and
</text>
</subclause>
</clause>
<clause id="idEAF694B3D0B445698EC55C9D4E954C8D">
<enum>
(ii)
</enum>
<text>
is eligible for the level of benefits provided to other employees;
</text>
</clause>
</subparagraph>
<subparagraph id="id7364efce944f48d29a3ae9174c8d96b1">
<enum>
(B)
</enum>
<text>
that is at a location where the employee interacts with other persons who are not individuals with
disabilities (not including supervisory personnel or individuals who are
providing services to such employee) to the same extent that individuals
who are not individuals with disabilities and who are in comparable
positions interact
with other persons; and
</text>
</subparagraph>
<subparagraph id="ida1ecffebd5194089ac955bfc29645120">
<enum>
(C)
</enum>
<text>
that, as appropriate, presents opportunities for advancement that are similar to those for other
employees who are not individuals with disabilities and who have similar
positions.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="id9C2F9C143B4F40E181994E09C55DA950">
<enum>
(6)
</enum>
<text>
in paragraph (6)(B), by striking
<quote>
includes
</quote>
and all that follows through
<quote>
fees
</quote>
and inserting
<quote>
includes architects' fees
</quote>
;
</text>
</paragraph>
<paragraph id="idFDEB8E6132E44CCE9ED8CAAD189F2075">
<enum>
(7)
</enum>
<text>
by inserting after paragraph (6) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id883D1824CBD04D66A7AD079A0A5FAD25" reported-display-style="italic" style="OLC">
<paragraph id="IDafcefe3637c944f9be3f493af32e4302">
<enum>
(7)
</enum>
<header>
Customized employment
</header>
<text>
The term
<term>
customized employment
</term>
means competitive integrated employment, for an individual with a significant disability, that is
based on an individualized determination of the strengths, needs, and
interests of the individual with a significant disability, is designed to
meet the specific abilities of the individual with a significant
disability and the business needs of the employer, and is carried out
through flexible strategies, such as—
</text>
<subparagraph id="ID3955ea234a5543a2b56c89d517138221">
<enum>
(A)
</enum>
<text>
job exploration by the individual;
</text>
</subparagraph>
<subparagraph id="ID18f3158a18784afe8c3f75ed9808a07d">
<enum>
(B)
</enum>
<text>
working with an employer to facilitate placement, including—
</text>
<clause id="ID6a5640c4a7ec464dacd372b0b3bd9c30">
<enum>
(i)
</enum>
<text>
customizing a job description based on current employer needs or on previously unidentified and
unmet employer needs;
</text>
</clause>
<clause id="IDcf1d750f0008414e81ac72786b4f9886">
<enum>
(ii)
</enum>
<text>
developing a set of job duties, a work schedule and job arrangement, and specifics of supervision
(including performance evaluation and review), and determining a job
location;
</text>
</clause>
<clause id="ID135de5f97817402b8e73428ba8ebed65">
<enum>
(iii)
</enum>
<text>
representation by a professional chosen by the individual, or self-representation of the
individual, in working with an employer to facilitate placement; and
</text>
</clause>
<clause id="ID0815a6f88e5f45e7acfcd83f014608fd">
<enum>
(iv)
</enum>
<text>
providing services and supports at the job location.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="id35ABFBFD4A76458986F52BAA706CB031">
<enum>
(8)
</enum>
<text>
in paragraph (11)—
</text>
<subparagraph id="id8DED0419CF82408898BE42ACDA211088">
<enum>
(A)
</enum>
<text>
in subparagraph (C)—
</text>
<clause id="id9822127B18474C27ABD5229A2B5AD557">
<enum>
(i)
</enum>
<text>
by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
; and
</text>
</clause>
<clause id="idFCA60AE270CF47E98310BFD465CC3669">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
customized employment,
</quote>
before
<quote>
self-employment,
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="idCCEDAF41116A47EC98C242CB3CD4DB69">
<enum>
(9)
</enum>
<text>
in paragraph (12), by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
each place it appears;
</text>
</paragraph>
<paragraph commented="no" id="id81C065E57E9845458263486DA23B4BDD">
<enum>
(10)
</enum>
<text>
in paragraph (14)(C), by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
;
</text>
</paragraph>
<paragraph id="id6EC103E9EF484A379CF7BC0B90ED8E95">
<enum>
(11)
</enum>
<text>
in paragraph (17)—
</text>
<subparagraph id="id9DCBCF672B0C4DE79256956FEE659BDE">
<enum>
(A)
</enum>
<text>
in subparagraph (C), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="id4F84019EAE1740DF88EDC13138BA2982">
<enum>
(B)
</enum>
<text>
in subparagraph (D), by striking the period at the end and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id3AD9D7E2369549818AC1B8CE6B741FB4">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idA2EF297621CC43B6891F5B9BA75CD031" reported-display-style="italic" style="OLC">
<subparagraph id="IDe89c4e375d81429882f8c5b4a571a0ee">
<enum>
(E)
</enum>
<text>
services that—
</text>
<clause id="ID69bbc7f208ed4cca9a36fc16f9561e14">
<enum>
(i)
</enum>
<text>
facilitate the transition of individuals with significant disabilities from nursing homes and other
institutions to home and community-based residences, with the requisite
supports and services;
</text>
</clause>
<clause id="ID899bcf5643724ec3b6daaab806eb3625">
<enum>
(ii)
</enum>
<text>
provide assistance to individuals with significant disabilities who are at risk of entering
institutions so that the individuals may remain in the community; and
</text>
</clause>
<clause id="ID8fbb2e7d769041e6870c69933dec5583">
<enum>
(iii)
</enum>
<text>
facilitate the transition of youth who are individuals with significant
disabilities, who were eligible for individualized education programs
under section 614(d) of the Individuals with Disabilities Education Act
(
<external-xref legal-doc="usc" parsable-cite="usc/20/1414">
20 U.S.C. 1414(d)
</external-xref>
), and who have completed their secondary education or
otherwise left school, to postsecondary life.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="id0B2D3847D84544A8B32D12960BC11992">
<enum>
(12)
</enum>
<text>
in paragraph (18), by striking
<quote>
term
</quote>
and all that follows through
<quote>
includes—
</quote>
and inserting
<quote>
term
<quote>
independent living services
</quote>
includes—
</quote>
;
</text>
</paragraph>
<paragraph id="idA532741A6E3E47BE8F37A51E2CDBC0A7">
<enum>
(13)
</enum>
<text>
in paragraph (19)—
</text>
<subparagraph id="idBE084A3D90E74341AA81BE81A91D9982">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by inserting before the period the following:
<quote>
and includes a Native and a descendant of a Native, as such terms are defined in subsections (b)
and (r) of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idECC845709AA148A493A51618D3F94091">
<enum>
(B)
</enum>
<text>
in subparagraph (B), by inserting before the period the following:
<quote>
and a tribal organization (as defined in section 4(l) of the Indian Self-Determination and
Education Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/25/450b">
25 U.S.C. 450b(l)
</external-xref>
))
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="id09B757FCE13A4490870F9482584050D0">
<enum>
(14)
</enum>
<text>
in paragraph (23), by striking
<quote>
section 101
</quote>
and inserting
<quote>
section 102
</quote>
;
</text>
</paragraph>
<paragraph id="idA1B1E01C5A794363BF58C8E74EB78312">
<enum>
(15)
</enum>
<text>
by striking paragraph (25) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id70D8C0B1245045509BF7B5AE57BE7862" reported-display-style="italic" style="OLC">
<paragraph id="id53C5CB772EDB4F0E8F1CE9DEDFD524BF">
<enum>
(25)
</enum>
<header>
Local workforce development board
</header>
<text>
The term
<quote>
local workforce development board
</quote>
means a local board, as defined in section 3 of the Workforce Innovation and Opportunity Act.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="id7562DE76325647CE83609F1CF7EEFAEC">
<enum>
(16)
</enum>
<text>
by striking paragraph (37);
</text>
</paragraph>
<paragraph id="id681B540B1BDC4379AC7C3498EE6BD6E9">
<enum>
(17)
</enum>
<text>
by redesignating paragraphs (29) through (39) as paragraphs (31) through (36), and (38) through
(41), respectively;
</text>
</paragraph>
<paragraph id="idCD7AF00014BE41D797900B085200DE81">
<enum>
(18)
</enum>
<text>
by inserting after paragraph (28) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idF5D7BB9010BC4F89B4851F2F056F5675" reported-display-style="italic" style="OLC">
<paragraph id="IDed5d7c41ef1d46d38a1612357b226d70">
<enum>
(30)
</enum>
<header>
Pre-employment transition services
</header>
<text>
The term
<term>
pre-employment transition services
</term>
means services provided in accordance with section 113.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="idBFBB1D9EC3DF4E1BB5EAF8A10B060934">
<enum>
(19)
</enum>
<text>
by striking paragraph (33), as redesignated by paragraph (17), and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id1A81BFC0AEEE4D3DB83B87CCB9E4F1FE" reported-display-style="italic" style="OLC">
<paragraph id="idA343FD76E16A44C3818D4E5FA85E78EB">
<enum>
(33)
</enum>
<header>
Secretary
</header>
<text>
Unless where the context otherwise requires, the term
<term>
Secretary
</term>
—
</text>
<subparagraph commented="no" id="idB344C54F7A2F4C25826ABE1DDEE57FE5">
<enum>
(A)
</enum>
<text>
used in title I, III, IV, V, VI, or chapter 2 of title VII, means the Secretary of Education; and
</text>
</subparagraph>
<subparagraph id="id69BF5E3C40CA4D2181B80FA082B88E52">
<enum>
(B)
</enum>
<text>
used in title II or chapter 1 of title VII, means the Secretary of Health and Human Services.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="idEA5E68B479704CCC97A607E524ADC23B">
<enum>
(20)
</enum>
<text>
by striking paragraphs (35) and (36), as redesignated by paragraph (17), and inserting the
following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idD320E78F88754F3BA30FCA61A30284DB" reported-display-style="italic" style="OLC">
<paragraph commented="no" display-inline="no-display-inline" id="id6CFDBF9028284E1F8950DBA8DF00ACA7">
<enum>
(35)
</enum>
<header display-inline="yes-display-inline">
State workforce development board
</header>
<text display-inline="yes-display-inline">
The term
<quote>
State workforce development board
</quote>
means a State board, as defined in section 3 of the Workforce Innovation and Opportunity Act.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="id32FD7B94BBB34BDDAD19B116D6CA6E26">
<enum>
(36)
</enum>
<header display-inline="yes-display-inline">
Statewide workforce development system
</header>
<text display-inline="yes-display-inline">
The term
<quote>
statewide workforce development system
</quote>
means a workforce development system, as defined in section 3 of the Workforce Innovation and
Opportunity Act.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="id0796051F3F054EAC8100E88595ACCFB8">
<enum>
(21)
</enum>
<text>
by inserting after that paragraph (36) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id4E25B65818074DB494F4154FDBAFC2DF" reported-display-style="italic" style="OLC">
<paragraph id="ID96042a619d9c469dbcbe1fb69dd9bdad">
<enum>
(37)
</enum>
<header>
Student with a disability
</header>
<subparagraph id="IDa428a73648b846e5a88387f3e0147e7b">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The term
<term>
student with a disability
</term>
means an individual with a disability who—
</text>
<clause id="ID40fc07ca65ab41d1811f9c1e02349c0d">
<enum>
(i)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="id673D75118CF84059BEF6C3703060E2B9">
<enum>
(I)
</enum>
<item commented="no" display-inline="yes-display-inline" id="idB3293943E74E4D209072346346FC5D37">
<enum>
(aa)
</enum>
<text>
is not younger than the earliest age for the provision of transition services under section
614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act
(
<external-xref legal-doc="usc" parsable-cite="usc/20/1414">
20 U.S.C. 1414(d)(1)(A)(i)(VIII)
</external-xref>
); or
</text>
</item>
<item changed="added" commented="no" id="id0FE48FC183E04597991E9BE5C76B71E8" indent="up2" reported-display-style="italic">
<enum>
(bb)
</enum>
<text>
if the State involved elects to use a lower minimum age for receipt of pre-employment transition
services under this Act, is not younger than that minimum age; and
</text>
</item>
</subclause>
<subclause changed="added" id="ID4ca236fc1dad474ab82aa77ea2fdd01b" indent="up1" reported-display-style="italic">
<enum>
(II)
</enum>
<item commented="no" display-inline="yes-display-inline" id="id8902319E44C748BCA4C318D757434CE2">
<enum>
(aa)
</enum>
<text>
is not older than 21 years of age; or
</text>
</item>
<item changed="added" id="id47218EE1371242BDBF257D5FE73714AB" indent="up1" reported-display-style="italic">
<enum>
(bb)
</enum>
<text>
if the State law for the State provides for a higher maximum age for receipt of services under the
Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1400">
20 U.S.C. 1400 et seq.
</external-xref>
), is
not older than that maximum age; and
</text>
</item>
</subclause>
</clause>
<clause id="IDf7433285c4834db8b41f482d46b29e36">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="id147B8500A74A4D74A6D1FF35F28DF2C7">
<enum>
(I)
</enum>
<text>
is eligible for, and receiving, special education or related services under part B of the
Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1411">
20 U.S.C. 1411 et seq.
</external-xref>
); or
</text>
</subclause>
<subclause changed="added" id="id25D15DA2DF07434CBB5F318F5B41A48F" indent="up1" reported-display-style="italic">
<enum>
(II)
</enum>
<text>
is an individual with a disability, for purposes of section 504.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="ID65d6b7936759427ab7511df27de2e0c6">
<enum>
(B)
</enum>
<header>
Students with disabilities
</header>
<text>
The term
<term>
students with disabilities
</term>
means more than 1 student with a disability.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="id6DE0F242F7774C10A57170F29D270C34">
<enum>
(22)
</enum>
<text>
by striking paragraphs (38) and (39), as redesignated by paragraph (17), and inserting the
following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id7202E58748524937B1E92C0196B4099E" reported-display-style="italic" style="OLC">
<paragraph id="ID1943a8053aac436180504e9566059688">
<enum>
(38)
</enum>
<header>
Supported employment
</header>
<text>
The term
<term>
supported employment
</term>
means competitive integrated employment, including customized employment, or employment in an
integrated work setting in which individuals are working on a short-term
basis toward competitive integrated employment, that is individualized
and customized consistent with the strengths, abilities, interests, and
informed choice of the individuals involved, for individuals with the most
significant disabilities—
</text>
<subparagraph id="ID4393fe709d4a485aa9350d167fc8f952">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="idF327DAF172CB4051B7ABABBCB44BD9FB">
<enum>
(i)
</enum>
<text>
for whom competitive integrated employment has not historically occurred; or
</text>
</clause>
<clause changed="added" id="id6C7D1B8394374F2D86DFEB4B8132F4F5" indent="up1" reported-display-style="italic">
<enum>
(ii)
</enum>
<text>
for whom competitive integrated employment has been interrupted or intermittent as a result of a
significant disability; and
</text>
</clause>
</subparagraph>
<subparagraph id="ID623499014e5a4163a3e1dd85a37ed178">
<enum>
(B)
</enum>
<text>
who, because of the nature and severity of their disability, need intensive supported employment
services and extended services after the transition described in
paragraph (13)(C), in order to perform the work involved.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID7a478c60afa744c09dbceca4f207e843">
<enum>
(39)
</enum>
<header>
Supported employment services
</header>
<text>
The term
<term>
supported employment services
</term>
means ongoing support services, including customized employment, needed to support and maintain an
individual with a most significant disability in supported employment,
that—
</text>
<subparagraph id="ID22ed1dd832754a9c99f802276ce4fc65">
<enum>
(A)
</enum>
<text>
are provided singly or in combination and are organized and made available in such a way as to
assist an eligible individual to achieve competitive integrated
employment;
</text>
</subparagraph>
<subparagraph id="IDdfc75f447552433795df9b5b9977bcec">
<enum>
(B)
</enum>
<text>
are based on a determination of the needs of an eligible individual, as specified in an
individualized plan for employment; and
</text>
</subparagraph>
<subparagraph id="IDc80a53cda01f4c94be8b5e97a216bae3">
<enum>
(C)
</enum>
<text>
are provided by the designated State unit for a period of not more than 24 months, except that
period may be extended, if necessary, in order to achieve the employment
outcome identified in the individualized plan for employment.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="id05C69B18FAC048499D5F0726EF460C78">
<enum>
(23)
</enum>
<text>
in paragraph (41), as redesignated by paragraph (17), by striking
<quote>
as defined in section 101 of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
as defined in section 3 of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</paragraph>
<paragraph id="id37A8FBF931E84F06AE40B83B2113454D">
<enum>
(24)
</enum>
<text>
by inserting after paragraph (41), as redesignated by paragraph (17), the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id2279C5B931034026AE2900B7996F1E23" reported-display-style="italic" style="OLC">
<paragraph id="ID73aca5ca8c9c42bfbb4ed89c2364bf47">
<enum>
(42)
</enum>
<header>
Youth with a disability
</header>
<subparagraph id="id8FDC46237A5E4D6C82EFEFECCD908983">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The term
<term>
youth with a disability
</term>
means an individual with a disability who—
</text>
<clause id="ID90650e19e8404eeca55e36e73d1c4551">
<enum>
(i)
</enum>
<text>
is not younger than 14 years of age; and
</text>
</clause>
<clause id="IDadaf540701634b2c80036b925a02d219">
<enum>
(ii)
</enum>
<text>
is not older than 24 years of age.
</text>
</clause>
</subparagraph>
<subparagraph id="idF36D540D677A4C8682721C8B6233AA10">
<enum>
(B)
</enum>
<header>
Youth with disabilities
</header>
<text>
The term
<term>
youth with disabilities
</term>
means more than 1 youth with a disability.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="id6F4D568AE2E344CAA37F67E18151B041">
<enum>
405.
</enum>
<header>
Administration of the Act
</header>
<subsection id="id9D96B910C9C4469DA4A55C2397B6A2D2">
<enum>
(a)
</enum>
<header>
Promulgation
</header>
<text>
Section 8(a)(2) (
<external-xref legal-doc="usc" parsable-cite="usc/29/706">
29 U.S.C. 706(a)(2)
</external-xref>
) is amended by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
.
</text>
</subsection>
<subsection id="id76FD5FDF0F3F42639D1CF0C2885B2707">
<enum>
(b)
</enum>
<header>
Privacy
</header>
<text>
Section 11 (
<external-xref legal-doc="usc" parsable-cite="usc/29/708">
29 U.S.C. 708
</external-xref>
) is amended—
</text>
<paragraph id="id6069DB896EE643768E08148A006A71D6">
<enum>
(1)
</enum>
<text>
by inserting
<quote>
(a)
</quote>
before
<quote>
The provisions
</quote>
; and
</text>
</paragraph>
<paragraph id="id71CF677346FD455BA623BE3D39306656">
<enum>
(2)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id8B8D01515A474097827F8FA4F8C85E3C" reported-display-style="italic" style="OLC">
<subsection id="id48A5E493F2F44199BE5F1C128847F108">
<enum>
(b)
</enum>
<text>
Section 501 of the Workforce Innovation and Opportunity Act shall apply, as specified in that
section, to
amendments to this Act that were made by the Workforce Innovation and
Opportunity Act.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="id036c1e9c0d8c4693b7525fdaadf44648">
<enum>
(c)
</enum>
<header>
Administration
</header>
<text>
Section 12 (
<external-xref legal-doc="usc" parsable-cite="usc/29/709">
29 U.S.C. 709
</external-xref>
) is amended—
</text>
<paragraph id="id8154a44164df4576bcc9d6eec9a12769">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="id6BACF1E756D9463BADAEEA0857D08CE2">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="id0905ef00b7fa4a6483881effb1422b72">
<enum>
(i)
</enum>
<text>
by striking
<quote>
(1)
</quote>
and inserting
<quote>
(1)(A)
</quote>
; and
</text>
</clause>
<clause id="ide90aed54587a4486b3dd3b43b0900917">
<enum>
(ii)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idDF59FD5BC8F245DE90DC31E97833ACE9" reported-display-style="italic" style="OLC">
<subparagraph id="IDd14fcd2fdb4148cb8c917456b93f829a">
<enum>
(B)
</enum>
<text>
provide technical assistance to the designated State units on developing successful partnerships
with local and multi-State businesses in an effort to increase the
employment of individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="ID98d8efde47c44306ac57bf78d546b1d2">
<enum>
(C)
</enum>
<text>
provide technical assistance to providers and organizations on developing self-employment
opportunities and outcomes for individuals with disabilities; and
</text>
</subparagraph>
<subparagraph id="idD1EEF8F292A54232BB1E193434BB0F82">
<enum>
(D)
</enum>
<text>
provide technical assistance to entities carrying out community rehabilitation programs to build
their internal capacity to provide individualized services and supports
leading to competitive integrated employment, and to transition
individuals with disabilities away from nonintegrated settings;
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="idB74C974AFE5444AFA149FF2AACBA287C">
<enum>
(B)
</enum>
<text>
in paragraph (2), by striking
<quote>
, centers for independent living,
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="id2bcee48d8d1f411b836c73dd84ffe3f9">
<enum>
(2)
</enum>
<text>
in subsection (c), by striking
<quote>
Commissioner
</quote>
the first place it appears and inserting
<quote>
Secretary of Education
</quote>
;
</text>
</paragraph>
<paragraph id="idcb73ec22e7674dfda6dc07d2df8b540a">
<enum>
(3)
</enum>
<text>
in subsection (d), by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
;
</text>
</paragraph>
<paragraph id="id4e40c5b55b7e41f38a91c13e65adaba1">
<enum>
(4)
</enum>
<text>
in subsection (e)—
</text>
<subparagraph id="idfa3c2d8165b14fd687aedeb5e426c1c3">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Rehabilitation Act Amendments of 1998
</quote>
each place it appears and inserting
<quote>
Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id4c24a20a24524a15bfac048c908b44a5">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="iddf93dc35796a4ab39435454641c3f181">
<enum>
(5)
</enum>
<text>
in subsection (f), by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
;
</text>
</paragraph>
<paragraph id="idB04D0F0911B546B6BE1BA1C300544ADD">
<enum>
(6)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="id5D77B8E31C1B414C897D4404F3D155A1">
<enum>
(A)
</enum>
<text>
in subsection (c), by striking
<quote>
(c)
</quote>
and inserting
<quote>
(c)(1)
</quote>
;
</text>
</subparagraph>
<subparagraph changed="added" id="id786C12AD9ABD4E0B8D9B080028A7E4FF" indent="up1" reported-display-style="italic">
<enum>
(B)
</enum>
<text>
in subsection (d), by striking
<quote>
(d)
</quote>
and inserting
<quote>
(d)(1)
</quote>
;
</text>
</subparagraph>
<subparagraph changed="added" id="idFBD33B3463264248A728F81B6CF82E6C" indent="up1" reported-display-style="italic">
<enum>
(C)
</enum>
<text>
in subsection (e), by striking
<quote>
(e)
</quote>
and inserting
<quote>
(2)
</quote>
;
</text>
</subparagraph>
<subparagraph changed="added" id="id53D7B9BBC70C4BAC8D7302D12957E3F1" indent="up1" reported-display-style="italic">
<enum>
(D)
</enum>
<text>
in subsection (f), by striking
<quote>
(f)
</quote>
and inserting
<quote>
(2)
</quote>
; and
</text>
</subparagraph>
<subparagraph changed="added" id="id59BB24407FA540FDBC366A5FE7A8D5F8" indent="up1" reported-display-style="italic">
<enum>
(E)
</enum>
<text>
by moving paragraph (2) (as redesignated by subparagraph (D)) to the end of subsection (c); and
</text>
</subparagraph>
</paragraph>
<paragraph id="id63fd810f5177420eb369d06f678f3561">
<enum>
(7)
</enum>
<text>
by inserting after subsection (d) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id2b5554ed098b4cb5bb246ebb07b3f34c" reported-display-style="italic" style="OLC">
<subsection id="id2AD4F0CC90A349B38D68D28848DB058D">
<enum>
(e)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="id60F8EEE9BC9C4673B3F4C759DDCD1912">
<enum>
(1)
</enum>
<text>
The Administrator of the Administration for Community
Living (referred to in this subsection as the
<quote>
Administrator
</quote>
) may carry out the authorities and shall carry out the responsibilities of the Commissioner
described in paragraphs (1)(A) and (2) through (4) of subsection (a),
and subsection (b), except that, for purposes of applying
subsections (a) and (b), a reference in those subsections—
</text>
<subparagraph changed="added" id="id34BB4C83C6624289A2006930355A8BE3" indent="up1" reported-display-style="italic">
<enum>
(A)
</enum>
<text>
to facilitating meaningful and effective participation shall be
considered to be a reference to facilitating meaningful and effective
collaboration with
independent living programs, and promoting a philosophy of independent
living for individuals with disabilities in community activities; and
</text>
</subparagraph>
<subparagraph changed="added" id="id1170AE6A1A9D4F6997E163750396F0E8" indent="up1" reported-display-style="italic">
<enum>
(B)
</enum>
<text>
to training for personnel shall be considered to be a reference to
training for the personnel of
centers for independent living and Statewide Independent Living Councils.
</text>
</subparagraph>
</paragraph>
<paragraph changed="added" id="id554F14F3126846DF882C50D441F2AED8" indent="up1" reported-display-style="italic">
<enum>
(2)
</enum>
<text>
The Secretary of Health and Human Services may carry out the authorities
and shall carry out the responsibilities of the Secretary of Education
described in subsections (c) and (d).
</text>
</paragraph>
</subsection>
<subsection id="idcdd0f74ebd344a74a6a49b4fe8772750">
<enum>
(f)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="id226147B092AB443E90A28842BA51975A">
<enum>
(1)
</enum>
<text>
In subsections (a) through (d), a reference to
<quote>
this Act
</quote>
means a provision of this Act that the Secretary of Education has authority to carry out; and
</text>
</paragraph>
<paragraph changed="added" id="id58c655d8bdbd4fd2b637affd34b352c1" indent="up1" reported-display-style="italic">
<enum>
(2)
</enum>
<text>
In subsection (e), for purposes of applying subsections (a) through (d), a reference in those
subsections to
<quote>
this Act
</quote>
means a provision of this Act that the Secretary of Health and Human Services has authority to
carry out.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
<section id="id3430463788A14BF6ADA0CF6B84A7B0CF">
<enum>
406.
</enum>
<header>
Reports
</header>
<text display-inline="no-display-inline">
Section 13 (
<external-xref legal-doc="usc" parsable-cite="usc/29/710">
29 U.S.C. 710
</external-xref>
) is amended—
</text>
<paragraph id="id8C2D537406E4431BB108DAA4109A8A67">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in section (c)—
</text>
<subparagraph id="id00E1B56DE062477DA599364C7E28FEC1">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
(c)
</quote>
and inserting
<quote>
(c)(1)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id0B6E550829F045ABABE5EB9C414FE6F9">
<enum>
(B)
</enum>
<text>
in the second sentence, by striking
<quote>
section 136(d) of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
section 116(d)(2) of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="id13EEA11A38754A0C9F68B3C9DDD488E8">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id6AF0765999284C63941D32524899C933" reported-display-style="italic" style="OLC">
<subsection id="idC0E09A1050674167AC85899646F37F53">
<enum>
(d)
</enum>
<text>
The Commissioner shall ensure that the report described in this section is made publicly available
in a timely manner, including through electronic means, in order to inform
the public about the administration and performance of programs under this
Act.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="idCF776D108E494CBDB29313A56D40B01E">
<enum>
407.
</enum>
<header>
Evaluation and information
</header>
<subsection id="idf9a496482eb54ab9a2b925f7384a163a">
<enum>
(a)
</enum>
<header>
Evaluation
</header>
<text>
Section 14 (
<external-xref legal-doc="usc" parsable-cite="usc/29/711">
29 U.S.C. 711
</external-xref>
) is amended—
</text>
<paragraph id="idd8614da815934b3dbbd43645cbea4d05">
<enum>
(1)
</enum>
<text>
by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
each place it appears;
</text>
</paragraph>
<paragraph id="idcac27bf765e34c22b3a059d336095583">
<enum>
(2)
</enum>
<text>
in subsection (f)(2), by inserting
<quote>
competitive
</quote>
before
<quote>
integrated employment
</quote>
;
</text>
</paragraph>
<paragraph id="id2030577D07DD461989855081EB98E815">
<enum>
(3)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="id5A07502DF4804ED59583D1F5790E4CDC">
<enum>
(A)
</enum>
<text>
in subsection (b), by striking
<quote>
(b)
</quote>
and inserting
<quote>
(b)(1)
</quote>
;
</text>
</subparagraph>
<subparagraph changed="added" id="idE661A25CC04847339A8CBD78A47C5C4C" indent="up1" reported-display-style="italic">
<enum>
(B)
</enum>
<text>
in subsection (c), by striking
<quote>
(c)
</quote>
and inserting
<quote>
(2)
</quote>
;
</text>
</subparagraph>
<subparagraph changed="added" id="id95D7DBD882A6485CB86A3B7F953102F8" indent="up1" reported-display-style="italic">
<enum>
(C)
</enum>
<text>
in subsection (d), by striking
<quote>
(d)
</quote>
and inserting
<quote>
(3)
</quote>
; and
</text>
</subparagraph>
<subparagraph changed="added" id="idFEB23E03F56540D1BFAD0A1F88237FCB" indent="up1" reported-display-style="italic">
<enum>
(D)
</enum>
<text>
by redesignating subsections (e) and (f) as subsections (c) and (d), respectively;
</text>
</subparagraph>
</paragraph>
<paragraph id="id34c42eac16d1419ebf28acec21284f00">
<enum>
(4)
</enum>
<text>
by inserting after subsection (d), as redesignated by paragraph (3)(D), the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id19CD39A1A51644F196613858EE30E36A" reported-display-style="italic" style="OLC">
<subsection id="id4E2AAAB9F1DD4E4FA0D9129C6F399975">
<enum>
(e)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="id5CE9A34F208F4866A18BCDBFAFC6182D">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
The Secretary of Health and
Human Services may carry out the authorities and shall carry out the
responsibilities of the Secretary of Education described in subsections
(a) and (b).
</text>
</paragraph>
<paragraph changed="added" id="id082D1585556A414E8B5EEFB901577651" indent="up1" reported-display-style="italic">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
The Administrator of the Administration for Community Living may carry out the authorities and
shall carry out the responsibilities of the Commissioner described in
subsections (a) and (d)(1), except that, for
purposes of applying those subsections, a reference in those subsections
to exemplary practices shall be considered to be a reference to
exemplary practices concerning independent living services and centers for
independent living.
</text>
</paragraph>
</subsection>
<subsection id="idd483c805b2844b7d97bb246ba09af332">
<enum>
(f)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="idE5025867F6B2482AAAFB660C0A6B0282">
<enum>
(1)
</enum>
<text>
In subsections (a) through (d), a reference to
<quote>
this Act
</quote>
means a provision of this Act that the Secretary of Education has authority to carry out; and
</text>
</paragraph>
<paragraph changed="added" id="id388E6953674C4BE09C30310EC1EB5BFD" indent="up1" reported-display-style="italic">
<enum>
(2)
</enum>
<text>
In subsection (e), for purposes of applying subsections (a), (b), and (d), a reference in those
subsections to
<quote>
this Act
</quote>
means a provision of this Act that the Secretary of Health and Human Services has authority to
carry out.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="id8B47B8388BA24136A3E8DDFA1C56F289">
<enum>
(b)
</enum>
<header>
Information
</header>
<text>
Section 15 (
<external-xref legal-doc="usc" parsable-cite="usc/29/712">
29 U.S.C. 712
</external-xref>
) is amended—
</text>
<paragraph id="id1D066BB1CF124D8995E9966C08E2B406">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="idE4103528F28546C79DCB3BC242949183">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
each place it appears; and
</text>
</subparagraph>
<subparagraph id="id018F83B784E34451BC571F9E2C7B1F26">
<enum>
(B)
</enum>
<text>
in paragraph (1), by striking
<quote>
State workforce investment boards
</quote>
and inserting
<quote>
State workforce development boards
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="id4E58CA82659F4B0CA1679289A1CE1F56">
<enum>
(2)
</enum>
<text>
in subsection (b), by striking
<quote>
Secretary
</quote>
and inserting
<quote>
Secretary of Education
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section id="id56BEF36AE0F44A5FB31F44790C0FFEE9">
<enum>
408.
</enum>
<header>
Carryover
</header>
<text display-inline="no-display-inline">
Section 19(a)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/29/716">
29 U.S.C. 716(a)(1)
</external-xref>
) is amended by striking
<quote>
part B of title VI
</quote>
and inserting
<quote>
title VI
</quote>
.
</text>
</section>
<section id="id2561AABEB5BA4AC1925957B41BE5ECEF">
<enum>
409.
</enum>
<header>
Traditionally underserved populations
</header>
<text display-inline="no-display-inline">
Section 21 (
<external-xref legal-doc="usc" parsable-cite="usc/29/718">
29 U.S.C. 718
</external-xref>
) is amended—
</text>
<paragraph id="idA90BC1484BC14016A1047A36F9218FDC">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="id553F6CB0B33C40B2959FBDBB0A91B0A2">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="id53DF3DC423F14FAFB5F7B606FBD3730B">
<enum>
(i)
</enum>
<text>
in the first sentence, by striking
<quote>
racial
</quote>
and inserting
<quote>
demographic
</quote>
;
</text>
</clause>
<clause id="idC5F41EA7D57341A9A7927AB58DD85FA0">
<enum>
(ii)
</enum>
<text>
in the second sentence—
</text>
<subclause id="id2D856ED2DEC7431EB77CEFBCFCE6E577">
<enum>
(I)
</enum>
<text>
by striking
<quote>
rate of increase
</quote>
the first place it appears and inserting
<quote>
percentage increase from 2000 to 2010
</quote>
;
</text>
</subclause>
<subclause id="idEE092A94F5C84093B7E026EF3FEB768B">
<enum>
(II)
</enum>
<text>
by striking
<quote>
is 3.2
</quote>
and inserting
<quote>
was 9.7
</quote>
;
</text>
</subclause>
<subclause id="id64D90D678DAD46F2BFFCBF536EDA1100">
<enum>
(III)
</enum>
<text>
by striking
<quote>
rate of increase
</quote>
and inserting
<quote>
percentage increase
</quote>
;
</text>
</subclause>
<subclause id="id87F17A06982C44B0B7C1F26F29AB8B4D">
<enum>
(IV)
</enum>
<text>
by striking
<quote>
is much
</quote>
and inserting
<quote>
was much
</quote>
;
</text>
</subclause>
<subclause id="idE06BB7F67CA143CB9C7385EB27C5CBC2">
<enum>
(V)
</enum>
<text>
by striking
<quote>
38.6
</quote>
and inserting
<quote>
43.0
</quote>
;
</text>
</subclause>
<subclause id="idEEE3D933796F49389509536C1E7397B9">
<enum>
(VI)
</enum>
<text>
by striking
<quote>
14.6
</quote>
and inserting
<quote>
12.3
</quote>
;
</text>
</subclause>
<subclause id="id06A207C914EB4E1A8CFF70CF6718C784">
<enum>
(VII)
</enum>
<text>
by striking
<quote>
40.1
</quote>
and inserting
<quote>
43.2
</quote>
; and
</text>
</subclause>
<subclause id="id76F00D0F42C248CA962B7D944EA6CC91">
<enum>
(VIII)
</enum>
<text>
by striking
<quote>
and other ethnic groups
</quote>
; and
</text>
</subclause>
</clause>
<clause id="idB62CD46EE9004B42988EF8AF3347F8FC">
<enum>
(iii)
</enum>
<text>
by striking the last sentence; and
</text>
</clause>
</subparagraph>
<subparagraph id="idDAA483B4CC9F4F3C8CED878571F302BC">
<enum>
(B)
</enum>
<text>
in paragraph (2), by striking the second and third sentences and inserting the following: “In 2011—
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id5FA1492F442A40B8BC919A25995179BB" reported-display-style="italic" style="OLC">
<subparagraph id="id1C0D4FD3230844B088CC670D27E91D8E">
<enum>
(A)
</enum>
<text>
among Americans ages 16 through 64, the rate of disability was 12.1 percent;
</text>
</subparagraph>
<subparagraph id="idD9A1089681C0426A8C72D493A668E7B1">
<enum>
(B)
</enum>
<text>
among African-Americans in that age range, the disability rate was more than twice as high, at 27.1
percent; and
</text>
</subparagraph>
<subparagraph id="id5FD33A405C424FF0B074491E54F4FA40">
<enum>
(C)
</enum>
<text>
for American Indians and Alaska Natives in the same age range, the disability rate was also more
than twice as high, at 27.0 percent.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="id9FFB7850E95F44B7BAA71D6D02EC8D0A">
<enum>
(2)
</enum>
<text>
in subsection (b)(1), by striking
<quote>
National Institute on Disability and Rehabilitation Research
</quote>
and inserting
<quote>
National Institute on Disability, Independent Living, and Rehabilitation Research
</quote>
; and
</text>
</paragraph>
<paragraph id="idA7A29AD6EBE94EB5B5888D5251B044EC">
<enum>
(3)
</enum>
<text>
in subsection (c), by striking
<quote>
Director
</quote>
and inserting
<quote>
Director of the National Institute on Disability, Independent Living, and Rehabilitation Research
</quote>
.
</text>
</paragraph>
</section>
</subtitle>
<subtitle id="id8CCB8A6E223B47B3B020D88CAAF9B10D">
<enum>
B
</enum>
<header>
Vocational rehabilitation services
</header>
<section id="idAEA8C55381CE458EA4631297AD53A022">
<enum>
411.
</enum>
<header>
Declaration of policy; authorization of appropriations
</header>
<subsection id="idAC3E8A26C58D400382DB43369853C2AC">
<enum>
(a)
</enum>
<header>
Findings; purpose; policy
</header>
<text>
Section 100(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720(a)
</external-xref>
) is amended—
</text>
<paragraph id="id5843E7312B8440F187D0585B759777E2">
<enum>
(1)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="idDA910BDFA5754CE1A19089008CC2A217">
<enum>
(A)
</enum>
<text>
in subparagraph (C), by striking
<quote>
integrated
</quote>
and inserting
<quote>
competitive integrated employment
</quote>
;
</text>
</subparagraph>
<subparagraph id="idE3339F20EE1E4153ACD4859D26BA0714">
<enum>
(B)
</enum>
<text>
in subparagraph (D)(iii), by striking
<quote>
medicare and medicaid
</quote>
and inserting
<quote>
Medicare and Medicaid
</quote>
;
</text>
</subparagraph>
<subparagraph id="id04FAFD7BF4634356BDC9CAA06E08AFC6">
<enum>
(C)
</enum>
<text>
in subparagraph (F), by striking
<quote>
investment
</quote>
and inserting
<quote>
development
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id8F592F7425A948B382DA0EAAACF90A17">
<enum>
(D)
</enum>
<text>
in subparagraph (G)—
</text>
<clause id="id92930E07E9CF4C75B9CA15768E266BF0">
<enum>
(i)
</enum>
<text>
by striking
<quote>
workforce investment systems
</quote>
and inserting
<quote>
workforce development systems
</quote>
; and
</text>
</clause>
<clause id="idA1FB348630EA46D1BE6F9A883673EB90">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
workforce investment activities
</quote>
and inserting
<quote>
workforce development activities
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="idF68CB6C13D294C0A9024F8A548CF33F8">
<enum>
(2)
</enum>
<text>
in paragraph (2)—
</text>
<subparagraph id="id49B34CFF4AAB47D69E373F16C9692DA0">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idCB7AEC1B7CF34106B18846650E304A6A">
<enum>
(B)
</enum>
<text>
in subparagraph (B), by striking
<quote>
and informed choice,
</quote>
and inserting
<quote>
informed choice, and economic self-sufficiency,
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="idED67162C87104BBAAFE793BB0097341F">
<enum>
(3)
</enum>
<text>
in paragraph (3)—
</text>
<subparagraph id="idABE3533D2EB0474C8E0471B44B54795F">
<enum>
(A)
</enum>
<text>
in subparagraph (B), by striking
<quote>
gainful employment in integrated settings
</quote>
and inserting
<quote>
competitive integrated employment
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id63F9EAB9A1BF4A20864800FC1E38BA88">
<enum>
(B)
</enum>
<text>
in subparagraph (E), by inserting
<quote>
should
</quote>
before
<quote>
facilitate
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="id86F330F2BBCE4E9888F4ACA0C6A5C5AF">
<enum>
(b)
</enum>
<header>
Authorization of appropriations
</header>
<text>
Section 100(b)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720(b)(1)
</external-xref>
) is amended by striking
<quote>
such sums as may be necessary for fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$3,302,053,000 for each of the fiscal years 2015 through 2020
</quote>
.
</text>
</subsection>
</section>
<section id="id2D0EBD4DA753460485D8412815A07C3D">
<enum>
412.
</enum>
<header>
State plans
</header>
<subsection id="idB97CD5CC339F464ABE7E594EF867000C">
<enum>
(a)
</enum>
<header>
Plan requirements
</header>
<text>
Section 101(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(a)
</external-xref>
) is amended—
</text>
<paragraph id="idE76B565FC16E433FBBB5AB1CEF82239F">
<enum>
(1)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="idC948B09FC44042E288CD94A83DA4E9F4">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
to participate
</quote>
and all that follows and inserting
<quote>
to receive funds under this title for a fiscal year, a State shall submit, and have approved by the
Secretary and the Secretary of Labor, a unified State plan in
accordance with section 102, or a combined State plan in accordance with
section 103, of the Workforce Innovation and Opportunity Act. The unified
or
combined State plan shall include, in the portion of the plan described in
section 102(b)(2)(D) of such Act (referred to in this subsection as the
<quote>
vocational rehabilitation services portion
</quote>
), the provisions of a State plan for vocational rehabilitation services, described in this
subsection.
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id4E8FD7FB79334730A093FC105D8C5C62">
<enum>
(B)
</enum>
<text>
in subparagraph (B)—
</text>
<clause id="id24D32ED787264FEF9469E6F61F1B6FCF">
<enum>
(i)
</enum>
<text>
by striking
<quote>
in the State plan for vocational rehabilitation services,
</quote>
and inserting
<quote>
as part of the vocational rehabilitation services portion of the unified or combined State plan
submitted in accordance with subparagraph (A),
</quote>
; and
</text>
</clause>
<clause id="id4B4D8A1D4F9345AD8859D1DE8B182972">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
Rehabilitation Act Amendments of 1998
</quote>
and inserting
<quote>
Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="id42858B7BDDE34D57ACAF032AE48D1438">
<enum>
(C)
</enum>
<text>
in subparagraph (C)—
</text>
<clause id="id8D7EE86975214996B8A8C4BE694D2D21">
<enum>
(i)
</enum>
<text>
by striking
<quote>
The State plan shall remain in effect subject to the submission of such modifications
</quote>
and inserting
<quote>
The vocational rehabilitation services portion of the unified or combined State plan submitted in
accordance with subparagraph (A) shall remain in effect until the State
submits and receives approval of a new State plan in accordance with
subparagraph (A), or until the submission of such modifications
</quote>
; and
</text>
</clause>
<clause commented="no" id="idB1EBAEF4865B45559263E5BD2DD8078F">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
, until the State submits and receives approval of a new State plan
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id8FA53D26C9AC435AAB3BCA3F7F4E507B">
<enum>
(2)
</enum>
<text>
in paragraph (2)—
</text>
<subparagraph id="idAC2A4F0A82CC4D94B854E450091B7666">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
The State plan
</quote>
and inserting
<quote>
The State plan for vocational rehabilitation services
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idF2888DE654AB4DE3A0138F2A5AB0161E">
<enum>
(B)
</enum>
<text>
in subparagraph (B)(ii)—
</text>
<clause id="id9702244D8993430AB40B9C1A7401ACF1">
<enum>
(i)
</enum>
<text>
in subclause (II), by inserting
<quote>
who is responsible for the day-to-day operation of the vocational rehabilitation program
</quote>
before the semicolon;
</text>
</clause>
<clause id="id12C960025C664CCD978D6EAA19CF04BC">
<enum>
(ii)
</enum>
<text>
in subclause (III), by striking
<quote>
and
</quote>
at the end;
</text>
</clause>
<clause id="id10F6EEE1558E4A4692020573EAEE4FA9">
<enum>
(iii)
</enum>
<text>
in subclause (IV), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</clause>
<clause id="id7FC735538E69418CAF6ED5171B086172">
<enum>
(iv)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id47F64A633EE840BA9820E9CC0B4AAFF7" reported-display-style="italic" style="OLC">
<subclause id="idFEC651B12124442E999FD7178FD81839">
<enum>
(V)
</enum>
<text>
has the sole authority and responsibility within the designated State agency described in
subparagraph (A) to expend funds made available under this
title in a manner that is consistent with the purposes of this title.
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id391FC7E9487C4B4B97C30A657C7D68C2">
<enum>
(3)
</enum>
<text>
in paragraph (5)—
</text>
<subparagraph id="idE205C277C7FC4B51A0AB3535752E1435">
<enum>
(A)
</enum>
<text>
in subparagraph (C), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="idC528DDD6D440423EBDF220A5B6D58B90">
<enum>
(B)
</enum>
<text>
by redesignating subparagraph (D) as subparagraph (E); and
</text>
</subparagraph>
<subparagraph id="id8B9FF8869B8F43528722F426DDB7FC04">
<enum>
(C)
</enum>
<text>
by inserting after subparagraph (C) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id6774DC1F300749908E263D642886BE06" reported-display-style="italic" style="OLC">
<subparagraph id="ID8fbc5f683db24c6e8655a28eb1eabc9b">
<enum>
(D)
</enum>
<text>
notwithstanding subparagraph (C), permit the State, in its discretion, to elect to serve eligible
individuals (whether or not receiving vocational rehabilitation services)
who require specific services or equipment to maintain employment; and
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="id228D3ABB2CF44221A2C3D69D20F24BEE">
<enum>
(4)
</enum>
<text>
in paragraph (7)—
</text>
<subparagraph id="id4EE69D6A1F5645F49FA0E0923213594E">
<enum>
(A)
</enum>
<text>
in subparagraph (A)(v)—
</text>
<clause id="idDD57DC7D7E1C4FA4BCFC4C28F5F0EEB9">
<enum>
(i)
</enum>
<text>
in subclause (I), after
<quote>
rehabilitation technology
</quote>
insert the following:
<quote>
, including training implemented in coordination with entities carrying out State programs under
section 4 of the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3003">
29 U.S.C. 3003
</external-xref>
)
</quote>
; and
</text>
</clause>
<clause id="id5F85AD1E824949F9967CA090E99DCECD">
<enum>
(ii)
</enum>
<text>
in subclause (II), by striking
<quote>
Rehabilitation Act Amendments of 1998
</quote>
and inserting
<quote>
Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="id45CCAE2A051A4D7BA57958BCE54C5566">
<enum>
(B)
</enum>
<text>
in subparagraph (B), by striking clause (ii) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id5566AD0C71A849A38115E3920C7EE78E" reported-display-style="italic" style="OLC">
<clause id="id166DDD6AB6E5468186D4E7E426F2D5F4">
<enum>
(ii)
</enum>
<text>
the establishment and maintenance of education and experience requirements, to ensure that the
personnel have a 21st century understanding of the evolving labor force
and the needs of individuals with disabilities, including requirements
for—
</text>
<subclause id="idDCF8AB3B716744F68C8545739964E645">
<enum>
(I)
</enum>
<item commented="no" display-inline="yes-display-inline" id="idBD00D786C20C4E69A48FF15E90268729">
<enum>
(aa)
</enum>
<text>
attainment of a baccalaureate degree in a field of study reasonably related to vocational
rehabilitation, to indicate a level of competency and skill demonstrating
basic preparation in a field of study such as vocational rehabilitation
counseling, social work, psychology, disability studies, business
administration, human resources, special education, supported employment,
customized employment, economics, or another field that reasonably
prepares individuals to work with consumers and employers; and
</text>
</item>
<item changed="added" id="idC436BA76430B41FD97F7B1F07445D750" indent="up1" reported-display-style="italic">
<enum>
(bb)
</enum>
<text>
demonstrated paid or unpaid experience, for not less than 1 year, consisting of—
</text>
<subitem id="id9A91CD480CD14535AE1D18660434D992">
<enum>
(AA)
</enum>
<text>
direct work with individuals with disabilities in a setting such as an independent living center;
</text>
</subitem>
<subitem id="id4317D23432C5482AA7F44E7EC71B6C6F">
<enum>
(BB)
</enum>
<text>
direct service or advocacy activities that provide such individual with experience and skills in
working with individuals with disabilities; or
</text>
</subitem>
<subitem id="idA8E40A2247FA4DF0AD4C1A85268C37C8">
<enum>
(CC)
</enum>
<text>
direct experience as an employer, as a small business owner or operator, or in self-employment, or
other experience in human resources, recruitment, or experience in
supervising employees, training, or other activities that provide
experience in competitive integrated employment environments; or
</text>
</subitem>
</item>
</subclause>
<subclause id="id4A13F50078104FC08E78C971194AD052">
<enum>
(II)
</enum>
<text>
attainment of a master's or doctoral degree in a field of study such as vocational rehabilitation
counseling, law, social work, psychology, disability studies, business
administration, human resources, special education, management, public
administration, or another field that reasonably provides competence in
the employment sector, in a disability field, or in both business-related
and rehabilitation-related fields; and
</text>
</subclause>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="idDDA9870EB65D4B0D845FEF96B5E9020E">
<enum>
(5)
</enum>
<text>
in paragraph (8)—
</text>
<subparagraph id="idE0404140E03949E2B61AC419D4F9AA19">
<enum>
(A)
</enum>
<text>
in subparagraph (A)(i)—
</text>
<clause id="id11daa16403f74ea79c7973582cd0d5da">
<enum>
(i)
</enum>
<text>
by inserting
<quote>
an accommodation or auxiliary aid or service or
</quote>
after
<quote>
prior to providing
</quote>
; and
</text>
</clause>
<clause id="id12AEBEE945B74D5DAC78788F9245135B">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
(5)(D)
</quote>
and inserting
<quote>
(5)(E)
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="id529E025BED284A8C92FE2FB94198501E">
<enum>
(B)
</enum>
<text>
in subparagraph (B)—
</text>
<clause id="id96A0622C542E413FB2F4AA2061143956">
<enum>
(i)
</enum>
<text>
in the matter preceding clause (i)—
</text>
<subclause id="id9F4F0DBC3F724C34A940BAC4D6D06E6F">
<enum>
(I)
</enum>
<text>
by striking
<quote>
medicaid
</quote>
and inserting
<quote>
Medicaid
</quote>
;
</text>
</subclause>
<subclause id="id8C8F51B1C37D4E59A570EBF61A6FA55B">
<enum>
(II)
</enum>
<text>
by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
;
</text>
</subclause>
<subclause id="idFB958A098B354E33A0B12C28920A7D1E">
<enum>
(III)
</enum>
<text>
by striking
<quote>
(5)(D)
</quote>
and inserting
<quote>
(5)(E)
</quote>
;
</text>
</subclause>
<subclause id="id76a7654107554e10a804e6248e76c0c4">
<enum>
(IV)
</enum>
<text>
by inserting
<quote>
and, if appropriate, accommodations or auxiliary aids and services,
</quote>
before
<quote>
that are included
</quote>
; and
</text>
</subclause>
<subclause id="id595cac3d8aa64eaea6512b9aaaad21d2">
<enum>
(V)
</enum>
<text>
by striking
<quote>
provision of such vocational rehabilitation services
</quote>
and inserting
<quote>
provision of such vocational rehabilitation services (including, if appropriate, accommodations or
auxiliary aids
and services)
</quote>
; and
</text>
</subclause>
</clause>
<clause commented="no" id="id9EB07C576FD8473796802973415E3E43">
<enum>
(ii)
</enum>
<text>
in clause (iv)—
</text>
<subclause commented="no" id="idE65897E6EC034DDDB763052D33E4B36D">
<enum>
(I)
</enum>
<text>
by striking
<quote>
(5)(D)
</quote>
and inserting
<quote>
(5)(E)
</quote>
; and
</text>
</subclause>
<subclause commented="no" id="id66B0BA2F55634AB6A406E6CE84F879F2">
<enum>
(II)
</enum>
<text>
by inserting
<quote>
, and accommodations or auxiliary aids and services
</quote>
before the period; and
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="id90B38445B5524CB9962B66B44214D917">
<enum>
(C)
</enum>
<text>
in subparagraph (C)(i), by striking
<quote>
(5)(D)
</quote>
and inserting
<quote>
(5)(E)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="idDCC1A84B718B4394B7C203CFB6EBD03E">
<enum>
(6)
</enum>
<text>
in paragraph (10)—
</text>
<subparagraph id="id9E61648A70EC45879F1B04A1E75F6AE6">
<enum>
(A)
</enum>
<text>
in subparagraph (B), by striking
<quote>
annual
</quote>
and all that follows through
<quote>
of 1998
</quote>
and inserting
<quote>
annual reporting of information, on eligible individuals receiving the services, that is necessary
to assess the State's performance on the standards and indicators
described in section 106(a)
</quote>
;
</text>
</subparagraph>
<subparagraph id="id886D277CED4E450483A4AC00EC1C968D">
<enum>
(B)
</enum>
<text>
in subparagraph (C)—
</text>
<clause id="id97F92A9787F841E98AF36E6A7C428C85">
<enum>
(i)
</enum>
<text>
in the matter preceding clause (i), by inserting
<quote>
, from each State,
</quote>
after
<quote>
additional data
</quote>
;
</text>
</clause>
<clause id="id39816572F11F4E9D9FF46825A67B9C76">
<enum>
(ii)
</enum>
<text>
by striking clause (i) and inserting:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id1B54A85D05DE42049C284D6CAD7AE596" reported-display-style="italic" style="OLC">
<clause id="id09C73B21D89F4178AD4E44B74418DEBB">
<enum>
(i)
</enum>
<text>
the number of applicants and the number of individuals determined to be eligible or ineligible for
the program carried out under this title, including the number of
individuals determined to be ineligible (disaggregated by type of
disability and age);
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="idCBE4ED9856F0417D9E3C11D9E6CE6A9A">
<enum>
(iii)
</enum>
<text>
in clause (ii)—
</text>
<subclause id="idF5DBAA7E796E4DA090A2C17CD9F050F9">
<enum>
(I)
</enum>
<text>
in subclause (I), by striking
<quote>
(5)(D)
</quote>
and inserting
<quote>
(5)(E)
</quote>
;
</text>
</subclause>
<subclause id="idD940EE57FB9A48F1BBB09C960CB9327D">
<enum>
(II)
</enum>
<text>
in subclause (II), by striking
<quote>
and
</quote>
at the end; and
</text>
</subclause>
<subclause id="idDF1DA30235DA4A658F07DD40D1D80A3F">
<enum>
(III)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id1edbe0e57b6748c5aeb86dde596b6e62" reported-display-style="italic" style="OLC">
<subclause id="id38143475a5634f6d80a23618f3dbe101">
<enum>
(IV)
</enum>
<text>
the number of individuals with open cases (disaggregated by those who are receiving training and
those who are in postsecondary education), and the type of services the
individuals
are receiving (including supported employment);
</text>
</subclause>
<subclause id="iddd16a70459824ffbbf196ae777ac0b9d">
<enum>
(V)
</enum>
<text>
the number of students with disabilities who are receiving pre-employment transition services under
this title: and
</text>
</subclause>
<subclause id="id5263dce2bf4f415198701f516bec59f6">
<enum>
(VI)
</enum>
<text>
the number of individuals referred to State vocational rehabilitation programs by one-stop
operators
(as defined in section 3 of the Workforce Innovation and Opportunity
Act),
and the number of individuals referred to such one-stop operators by
State
vocational rehabilitation programs;
</text>
</subclause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="idDF06849ECCAF4504AFD90F15E2B0DB53">
<enum>
(iv)
</enum>
<text>
in clause (iv)(I), by inserting before the semicolon the following:
<quote>
and, for those who achieved employment outcomes, the average length of time to obtain employment
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="id575FFC402CD54145A6172484B1790042">
<enum>
(C)
</enum>
<text>
in subparagraph (D)(i), by striking
<quote>
title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
title I of the Workforce Innovation and Opportunity Act
</quote>
;
</text>
</subparagraph>
<subparagraph id="id3FAC73EE48044B6B80830C79EDA16453">
<enum>
(D)
</enum>
<text>
in subparagraph (E)(ii), by striking
<quote>
of the State
</quote>
and all that follows and inserting
<quote>
of the State in meeting the standards and indicators established pursuant to section 106.
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id281C0B2038F4421E9A119400AB4F553C">
<enum>
(E)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id2864F0C5B0E64A71838099E76251018B" reported-display-style="italic" style="OLC">
<subparagraph id="idBECFEAF4F78E445B9E36B28C16BBD6BC">
<enum>
(G)
</enum>
<header>
Rules for reporting of data
</header>
<text>
The disaggregation of data under this Act shall not be required within a category if the
number
of individuals in a category is insufficient to yield statistically
reliable information, or if the results would reveal personally
identifiable information about an individual.
</text>
</subparagraph>
<subparagraph id="IDa8f079cd5f4f4a1cbbdd43cba60ad871">
<enum>
(H)
</enum>
<header>
Comprehensive report
</header>
<text>
The State plan shall specify that the Commissioner will provide an annual comprehensive report that
includes the reports and data required under this section, as well as a
summary of the reports and data, for each fiscal year. The Commissioner
shall submit the report to the Committee on Education and the Workforce of
the House of Representatives, the Committee on Appropriations of the House
of Representatives, the Committee on Health, Education, Labor, and
Pensions of the Senate, and the Committee on Appropriations of the Senate,
not later than 90 days after the end of the fiscal year involved.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="idF8D3F1F560904C5D854ECB1D6D6A5BFC">
<enum>
(7)
</enum>
<text>
in paragraph (11)—
</text>
<subparagraph id="id110D442A209549E69DF4580D995A24EE">
<enum>
(A)
</enum>
<text>
in subparagraph (A)—
</text>
<clause id="idA508AE11A151480A98EB23A8868C0239">
<enum>
(i)
</enum>
<text>
in the subparagraph header, by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
workforce investment systems
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
workforce development systems
</header-in-text>
</quote>
;
</text>
</clause>
<clause id="id585F4B953CDC42ACA1712D66E7D37171">
<enum>
(ii)
</enum>
<text>
in the matter preceding clause (i), by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
;
</text>
</clause>
<clause id="id40092845FCA24275BE8B5F7435170E08">
<enum>
(iii)
</enum>
<text>
in clause (i)(II)—
</text>
<subclause id="id2A6DF0D9337C4C2BAE14A88C288CA2BF">
<enum>
(I)
</enum>
<text>
by striking
<quote>
investment
</quote>
and inserting
<quote>
development
</quote>
; and
</text>
</subclause>
<subclause id="idEEAD328D3F354188BAAD56D4CCE1D179">
<enum>
(II)
</enum>
<text>
by inserting
<quote>
(including programmatic accessibility and physical accessibility)
</quote>
after
<quote>
program accessibility
</quote>
;
</text>
</subclause>
</clause>
<clause id="id649E64249A7D4FB9843E5290FAE6E198">
<enum>
(iv)
</enum>
<text>
in clause (ii), by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
; and
</text>
</clause>
<clause id="idA28685587268408183D7626828DA068E">
<enum>
(v)
</enum>
<text>
in clause (v), by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="idB0FA32E42F2E45ADA6BAF20B359C8502">
<enum>
(B)
</enum>
<text>
in subparagraph (B), by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
;
</text>
</subparagraph>
<subparagraph id="idB54D6EDAB55347679CAFDBCC415A80B0">
<enum>
(C)
</enum>
<text>
in subparagraph (C)—
</text>
<clause id="idB18E7EA5A7194B578203EE7AB1C8233F">
<enum>
(i)
</enum>
<text>
by inserting
<quote>
the State programs carried out under section 4 of the Assistive Technology Act of 1998 (29 U.S.C.
3003),
</quote>
after
<quote>
including
</quote>
;
</text>
</clause>
<clause id="idE55690E4CFF54CCF83A8D4B5167B982D">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
, noneducational agencies serving out-of-school youth,
</quote>
after
<quote>
Agriculture
</quote>
; and
</text>
</clause>
<clause id="id4913240455944281ACE7A6ACB39DE04A">
<enum>
(iii)
</enum>
<text>
by striking
<quote>
such agencies and programs
</quote>
and inserting
<quote>
such Federal, State, and local agencies and programs
</quote>
; and
</text>
</clause>
<clause id="idA73A88A78E28400AA30ABE47C9589E00">
<enum>
(iv)
</enum>
<text>
by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="idEE1973709BDF4420A278888D0C3EF14E">
<enum>
(D)
</enum>
<text>
in subparagraph (D)—
</text>
<clause id="id8659F44977694B66A562BE001CFF7033">
<enum>
(i)
</enum>
<text>
in the matter preceding clause (i), by inserting
<quote>
, including pre-employment transition services,
</quote>
before
<quote>
under this title
</quote>
;
</text>
</clause>
<clause id="id61E24A492AF04DC8A90A621F5521B092">
<enum>
(ii)
</enum>
<text>
in clause (i), by inserting
<quote>
, which may be provided using alternative means for meeting participation (such as video
conferences and conference calls),
</quote>
after
<quote>
consultation and technical assistance
</quote>
; and
</text>
</clause>
<clause id="id86937FCE02444EF1922EB512076985B9">
<enum>
(iii)
</enum>
<text>
in clause (ii), by striking
<quote>
completion
</quote>
and inserting
<quote>
implementation
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="idF005978EAAE8466BB3CE00B994A89AD6">
<enum>
(E)
</enum>
<text>
by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (H), respectively;
</text>
</subparagraph>
<subparagraph id="idB8A5F647B5974BC3BC852E96ED5BE60D">
<enum>
(F)
</enum>
<text>
by inserting after subparagraph (D) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id62ad842e0fcf4aaeaecb077c66f9946b" reported-display-style="italic" style="OLC">
<subparagraph id="id270973659d6a4efdb29a1ae7d3bbb6eb">
<enum>
(E)
</enum>
<header>
Coordination with employers
</header>
<text>
The State plan shall describe how the designated State unit will work with employers to identify
competitive integrated employment opportunities and career exploration
opportunities, in order to facilitate the provision of—
</text>
<clause id="idf9e257ac842d42019f29f6099dfe8754">
<enum>
(i)
</enum>
<text>
vocational rehabilitation services; and
</text>
</clause>
<clause id="idbcbd70b791db474f9318267fc4e3c314">
<enum>
(ii)
</enum>
<text>
transition services for youth with disabilities and students with disabilities, such as
pre-employment transition services.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="id6EF8188D923B4AA48CAD5284818479C0">
<enum>
(G)
</enum>
<text>
in subparagraph (F), as redesignated by subparagraph (E) of this paragraph—
</text>
<clause id="id6586D7FA8B774F679F9FC88837BE2688">
<enum>
(i)
</enum>
<text>
by inserting
<quote>
chapter 1 of
</quote>
after
<quote>
part C of
</quote>
; and
</text>
</clause>
<clause id="id4101FD2E5FD5466281BB4BBFA1E08E01">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
, as appropriate
</quote>
before the period;
</text>
</clause>
</subparagraph>
<subparagraph id="id7B6F05C292C64ABE9DCD9E7EE05F1B2F">
<enum>
(H)
</enum>
<text>
by inserting after subparagraph (F), as redesignated by subparagraph (E) of this paragraph, the
following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id4177505F8FD942789279A6AAC9034FAB" reported-display-style="italic" style="OLC">
<subparagraph id="ID4b749bea580545208e867fe85047a15c">
<enum>
(G)
</enum>
<header>
Cooperative agreement regarding individuals eligible for home and community-based waiver programs
</header>
<text>
The State plan shall include an assurance that the designated State unit has entered into a formal
cooperative agreement with the State agency responsible for administering
the State Medicaid plan under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) and the State agency with primary responsibility for
providing services and supports for individuals with intellectual
disabilities and individuals with developmental disabilities, with respect
to the delivery of vocational rehabilitation services, including extended
services, for individuals with the most significant disabilities who have
been determined to be eligible for home and community-based services under
a Medicaid waiver, Medicaid State plan amendment, or other authority
related to a State Medicaid program.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="idE16C93C94CC9419FA5162E1ACA9101EE">
<enum>
(I)
</enum>
<text>
in subparagraph (H), as redesignated by subparagraph (E) of this paragraph—
</text>
<clause id="idEC167FCBD16B437EBA0DA4B91CDF97BE">
<enum>
(i)
</enum>
<text>
in clause (ii)—
</text>
<subclause id="id2101EBACE4CF4908B1C6826A804174D8">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
on or
</quote>
before
<quote>
near
</quote>
; and
</text>
</subclause>
<subclause id="id042C9215FD82479EA32B8284436E6764">
<enum>
(II)
</enum>
<text>
by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
</clause>
<clause id="id4B8492B1EFFE4178A3A80A4A4D6FCBF4">
<enum>
(ii)
</enum>
<text>
by redesignating clause (iii) as clause (iv); and
</text>
</clause>
<clause id="id633942BDC43F49F5AEAAEB35A86B8B31">
<enum>
(iii)
</enum>
<text>
by inserting after clause (ii) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id804d490576594b06bacb6d8d065f2121" reported-display-style="italic" style="OLC">
<clause id="idc3702349365c4edf9157d8c685ac00d7">
<enum>
(iii)
</enum>
<text>
strategies for the provision of transition planning, by personnel of the designated State unit,
the State educational agency, and the recipient of funds under part C,
that will facilitate the development and approval of the individualized
plans for employment under section 102; and
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="idD7F4272A566C4384B41042BF9CAAC905">
<enum>
(J)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id43475F415B104584B87EB653712967BE" reported-display-style="italic" style="OLC">
<subparagraph id="ID2b3a824f75634047b8d2c7f65c07a31e">
<enum>
(I)
</enum>
<header>
Coordination with assistive technology programs
</header>
<text>
The State plan shall include an assurance that the designated State unit, and the lead agency and
implementing entity (if any) designated by the Governor of the State under
section 4 of the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3003">
29 U.S.C. 3003
</external-xref>
), have
developed working relationships and will enter into agreements for the
coordination of their activities, including the referral of individuals
with disabilities to programs and activities described in that section.
</text>
</subparagraph>
<subparagraph id="ID433509cc83fb423db59fe578410d35ca">
<enum>
(J)
</enum>
<header>
Coordination with ticket to work and self-sufficiency program
</header>
<text>
The State plan shall include an assurance that the designated State unit will coordinate activities
with any other State agency that is functioning as an employment network
under the Ticket to Work and Self-Sufficiency Program established under
section 1148 of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1320b-19">
42 U.S.C. 1320b–19
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="id7489987f454140dc814e7b768391216a">
<enum>
(K)
</enum>
<header>
Interagency cooperation
</header>
<text>
The State plan shall describe how the designated State agency or agencies (if more than 1 agency is
designated under paragraph (2)(A)) will collaborate with the State agency
responsible for administering the State Medicaid plan under title XIX of
the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1396">
42 U.S.C. 1396 et seq.
</external-xref>
), the State agency
responsible for providing
services for individuals with developmental disabilities, and the State
agency responsible for providing mental health services, to develop
opportunities for community-based employment in integrated settings, to
the greatest extent practicable.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="idD515727CC19D4783A75C17F1BF27F5DE">
<enum>
(8)
</enum>
<text>
in paragraph (14)—
</text>
<subparagraph id="idF83907946CA343EE86F21F5018177CDA">
<enum>
(A)
</enum>
<text>
in the paragraph header, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Annual
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
Semiannual
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="id3DB4B0DE245D4B1C97137CAD9378B6A3">
<enum>
(B)
</enum>
<text>
in subparagraph (A)—
</text>
<clause id="idFF13F971AAAD4D52BF12626393FA7E6E">
<enum>
(i)
</enum>
<text>
by striking
<quote>
an annual
</quote>
and inserting
<quote>
a semiannual
</quote>
;
</text>
</clause>
<clause id="id7cef2725b3454b7da26e332da7803df4">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
has achieved an employment outcome
</quote>
and inserting
<quote>
is employed
</quote>
;
</text>
</clause>
<clause id="idAB8B7E169B8F40E08D9BDE4AEF250D3F">
<enum>
(iii)
</enum>
<text>
by striking
<quote>
achievement of the outcome
</quote>
and all that follows through
<quote>
representative)
</quote>
and inserting
<quote>
beginning of such employment, and annually thereafter
</quote>
;
</text>
</clause>
<clause id="id85EC80DB2400452C8001A86EDF787399">
<enum>
(iv)
</enum>
<text>
by striking
<quote>
to competitive
</quote>
and all that follows and inserting the following:
<quote>
to competitive integrated employment or training for competitive integrated employment;
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="id85DD0B9D311847DBB7AF3D08C044A0A5">
<enum>
(C)
</enum>
<text>
in subparagraph (B), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="id8DCF5F360E3C4723B57756D37CFF2A3F">
<enum>
(D)
</enum>
<text>
in subparagraph (C), by striking
<quote>
the individuals described
</quote>
and all that follows and inserting
<quote>
individuals described in subparagraph (A) in attaining competitive integrated employment; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id202D5BE6F8D74D828B9B327C4FAA2338">
<enum>
(E)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id8FCC0D6C82B94A6FB9AC374F19A40F50" reported-display-style="italic" style="OLC">
<subparagraph id="id665F72514DEA4B8E9FFE72026EEC2245">
<enum>
(D)
</enum>
<text>
an assurance that the State will report the information generated under subparagraphs (A), (B), and
(C), for each of the individuals, to the Administrator of the Wage and
Hour Division of the Department of Labor for each fiscal year, not later
than 60 days after the end of the fiscal year.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="id3E8FE949B5D54A2EBC307BB0A8E997F1">
<enum>
(9)
</enum>
<text>
in paragraph (15)—
</text>
<subparagraph id="idFF9CEFA3C565477F9ABBF163C65525AC">
<enum>
(A)
</enum>
<text>
in subparagraph (A)—
</text>
<clause id="id0BF9F6647963465AB50236E0AD377176">
<enum>
(i)
</enum>
<text>
in clause (i)—
</text>
<subclause id="idB66F724FCB7A4AEEBB1C98C781A8EB09">
<enum>
(I)
</enum>
<text>
in subclause (II), by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
<subclause id="id7EC4A5E7D5C5487FB74CEB63427F1DE2">
<enum>
(II)
</enum>
<text>
in subclause (III)—
</text>
<item id="id95F27AA78A7A44599764350949CF00C1">
<enum>
(aa)
</enum>
<text>
by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
; and
</text>
</item>
<item id="id20D190B66C90418786E88A42997F283D">
<enum>
(bb)
</enum>
<text>
by adding
<quote>
and
</quote>
at the end; and
</text>
</item>
</subclause>
<subclause id="idC245E33105304A4789334CD299BC0CE4">
<enum>
(III)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id555F99A8C68D4B698F08A98757617E56" reported-display-style="italic" style="OLC">
<subclause id="IDe2a9a90915d044f89580a25e13581644">
<enum>
(IV)
</enum>
<text>
youth with disabilities, and students with disabilities, including their need for pre-employment
transition services or other transition services;
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="id524C2CEFA1F54307A1568FD14C4FCEA3">
<enum>
(ii)
</enum>
<text>
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and
</text>
</clause>
<clause id="id8D003CFE86B54FE6BDC509E737C93396">
<enum>
(iii)
</enum>
<text>
by inserting after clause (i) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id53ff8cfc0b1d44999423556c4b7910e3" reported-display-style="italic" style="OLC">
<clause id="id3a55d5bdd7e0447f8f5984992833d591">
<enum>
(ii)
</enum>
<text>
include an assessment of the needs of individuals with disabilities for transition services and
pre-employment transition services, and the extent to which such services
provided under this Act are coordinated with transition services provided
under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.) in order to meet the needs of individuals with disabilities.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="idDF170587922441FCB865EC6616C1067D">
<enum>
(B)
</enum>
<text>
in subparagraph (B)—
</text>
<clause id="id5C9898770DE449A0B4D86D144C348411">
<enum>
(i)
</enum>
<text>
in clause (ii)—
</text>
<subclause id="idE926A020AEC9421EA54BA7E2A04F17A0">
<enum>
(I)
</enum>
<text>
by striking
<quote>
part B of title VI
</quote>
and inserting
<quote>
title VI
</quote>
; and
</text>
</subclause>
<subclause id="id6A2A7076666C4E5899AD32A5FB294DD5">
<enum>
(II)
</enum>
<text>
by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
</clause>
<clause id="id209D1EEA3BDA483199C1BA4A0B74AF27">
<enum>
(ii)
</enum>
<text>
by redesignating clause (iii) as clause (iv); and
</text>
</clause>
<clause id="id6790B82404924903855CEDC136573EF8">
<enum>
(iii)
</enum>
<text>
by inserting after clause (ii) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idD3690EE47505466297AF9D5C70E12AF4" reported-display-style="italic" style="OLC">
<clause id="IDd6f2809ab2fc4b3fbd1ee8ce48ae2d62">
<enum>
(iii)
</enum>
<text>
the number of individuals who are eligible for services under this title, but are not receiving
such services due to an order of selection; and
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="id439FED469D6245E5807DEED88269553A">
<enum>
(C)
</enum>
<text>
in subparagraph (D)—
</text>
<clause id="id03D6C6CB80E8412381AB7F7C35DFC763">
<enum>
(i)
</enum>
<text>
by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively;
</text>
</clause>
<clause id="id127567498DFB4251A78F560D7B83F918">
<enum>
(ii)
</enum>
<text>
by inserting after clause (ii) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id2AEDA4A2D10C420186C6291A8BA7F609" reported-display-style="italic" style="OLC">
<clause id="ID7d080d32c9454011a7099dae095b0387">
<enum>
(iii)
</enum>
<text>
the methods to be used to improve and expand vocational rehabilitation services for students with
disabilities, including the coordination of services designed to
facilitate the transition of such students from the receipt of educational
services in school to postsecondary life (including the receipt of
vocational rehabilitation services under this title, postsecondary
education, employment, and pre-employment transition services);
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="id02941345E7494B39A630FE03D642EEAA">
<enum>
(iii)
</enum>
<text>
in clause (vi), as redesignated by clause (i) of this subparagraph, by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="idDA4DA3D8CEE64A06BBD33CEF2D2973EA">
<enum>
(10)
</enum>
<text>
in paragraph (20), in subparagraphs (A) and (B)(i), by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
;
</text>
</paragraph>
<paragraph id="idA3C845D4E431478987EFA0BAA4754F37">
<enum>
(11)
</enum>
<text>
in paragraph (22), by striking
<quote>
part B of title VI
</quote>
and inserting
<quote>
title VI
</quote>
; and
</text>
</paragraph>
<paragraph id="id0341A39756424ECBA83E026459A99D20">
<enum>
(12)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idF0A7DB675E004A1084C71CF03327826B" reported-display-style="italic" style="OLC">
<paragraph id="ID6fd75e78b88a4916ac234137ea3c1418">
<enum>
(25)
</enum>
<header>
Services for students with disabilities
</header>
<text>
The State plan shall provide an assurance that, with respect to students with disabilities, the
State—
</text>
<subparagraph id="id338E8CB0C9B54C16BEDE287AF289326A">
<enum>
(A)
</enum>
<text>
has developed and will implement—
</text>
<clause id="IDa8f7fb32b433449d9e239113bf985bc6">
<enum>
(i)
</enum>
<text>
strategies to address the needs identified in the assessments described in paragraph (15); and
</text>
</clause>
<clause id="ID44b0dee2097047f5adf5ba43c229d57e">
<enum>
(ii)
</enum>
<text>
strategies to achieve the goals and priorities identified by the State, in accordance with
paragraph (15), to improve and expand vocational rehabilitation services
for students with disabilities on a statewide basis; and
</text>
</clause>
</subparagraph>
<subparagraph id="id4529983099F342E59D126E09B16010F6">
<enum>
(B)
</enum>
<text>
has developed and will implement strategies to provide pre-employment transition
services.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID0497a4c5d2d941f08d3f5227e19c9e1f">
<enum>
(26)
</enum>
<header>
Job growth and development
</header>
<text>
The State plan shall provide an assurance describing how the State will utilize initiatives
involving in-demand industry sectors or occupations under sections 106(c)
and 108 of the Workforce Innovation and Opportunity Act to increase
competitive
integrated employment opportunities for individuals with disabilities.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="id6AD017BC54454137BDCBA605C66C8DA4">
<enum>
(b)
</enum>
<header>
Approval
</header>
<text>
Section 101(b) (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(b)
</external-xref>
) is amended to read as follows:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id5AF52934F71D4614B8B753AD3E5247AB" reported-display-style="italic" style="OLC">
<subsection id="id9D347F46B4574C19A7FE86FD22C01EF7">
<enum>
(b)
</enum>
<header>
Submission; approval; modification
</header>
<text>
The State plan for vocational rehabilitation services shall be subject to—
</text>
<paragraph id="id671EB0A2F254433F9A6121FABD8061CB">
<enum>
(1)
</enum>
<text>
subsection (c) of section 102 of the Workforce Innovation and Opportunity Act, in a case in which
that plan
is a portion of the unified State plan described in that section 102; and
</text>
</paragraph>
<paragraph id="idC0AC7C8D04564124A6B056D8DF85DA2A">
<enum>
(2)
</enum>
<text>
subsection (b), and paragraphs (1), (2), and (3) of subsection (c), of section 103 of such Act in a
case in which that State plan for vocational rehabilitation services is a
portion of the combined State plan described in that section 103.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="id0D3F2FDAA6B04C9EAFF197987559E5D3">
<enum>
(c)
</enum>
<header>
Construction
</header>
<text display-inline="yes-display-inline">
Section 101 (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idB13185315BEA420B8883F5BC6A6E7468" reported-display-style="italic" style="OLC">
<subsection commented="no" display-inline="no-display-inline" id="id07A0D534F3F740318C45CB0FDC401010">
<enum>
(c)
</enum>
<header display-inline="yes-display-inline">
Construction
</header>
<text display-inline="yes-display-inline">
Nothing in this part shall be construed to reduce the obligation under the Individuals with
Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1400">
20 U.S.C. 1400 et seq.
</external-xref>
) of a local
educational agency or
any other agency to provide or pay for any transition services that are
also considered special education or related services and that are
necessary for ensuring a free appropriate public education to children
with disabilities within the State involved.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="id90AD5F1D724041BFB8B6E4694DA6B999">
<enum>
413.
</enum>
<header>
Eligibility and individualized plan for employment
</header>
<subsection id="idFEBFE1AD55F748C7B10D3CA585E49C2B">
<enum>
(a)
</enum>
<header>
Eligibility
</header>
<text>
Section 102(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/722">
29 U.S.C. 722(a)
</external-xref>
) is amended—
</text>
<paragraph id="id4AD6CB874E1145239969D2F05A78701C">
<enum>
(1)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="id1CA50E8150DE4B5EAD5767A839DCE369">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
is an
</quote>
and inserting
<quote>
has undergone an assessment for determining eligibility and vocational rehabilitation needs and as
a result has been determined to be an
</quote>
;
</text>
</subparagraph>
<subparagraph id="id8029EEFC1162486CB776CEC5177EF674">
<enum>
(B)
</enum>
<text>
in subparagraph (B), by striking
<quote>
or regain employment.
</quote>
and inserting
<quote>
advance in, or regain employment that is consistent with the individual's strengths, resources,
priorities, concerns, abilities, capabilities, interests, and informed
choice.
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id423E1D3224B34A5F9C9A2D1AC492F9C3">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
<quote>
For purposes of an assessment for determining eligibility and vocational rehabilitation
needs under this Act, an individual shall be presumed to have a goal of an
employment
outcome.
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="idD710EB04E7E744B795871FD05D8DC2E7">
<enum>
(2)
</enum>
<text>
in paragraph (2)—
</text>
<subparagraph id="idA41155D54CB243CDA5D6054CA5AFF1DA">
<enum>
(A)
</enum>
<text>
in subparagraph (A)—
</text>
<clause id="id092F3F3BE01A41B79D2D6F5F7F9E872F">
<enum>
(i)
</enum>
<text>
in the subparagraph header, by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
Demonstration
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
Applicants
</header-in-text>
</quote>
; and
</text>
</clause>
<clause id="idBFC2D03EF4CA4FE9AC6F8B62F7A948A0">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
, unless
</quote>
and all that follows and inserting a period; and
</text>
</clause>
</subparagraph>
<subparagraph id="id5C7B5748935E43D38F9EBEDAB7781C62">
<enum>
(B)
</enum>
<text>
in subparagraph (B)—
</text>
<clause id="idC7464722F36646B3B3AC8543A3FDAF48">
<enum>
(i)
</enum>
<text>
in the subparagraph header, by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
Methods
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
Responsibilities
</header-in-text>
</quote>
;
</text>
</clause>
<clause id="idAB6D0D45C8ED44B3944E6A56712BAEC9">
<enum>
(ii)
</enum>
<text>
in the first sentence—
</text>
<subclause id="id115592D58AB44F93B045551E85A69719">
<enum>
(I)
</enum>
<text>
by striking
<quote>
In making the demonstration required under subparagraph (A),
</quote>
and inserting
<quote>
Prior to determining under this subsection that an applicant described in subparagraph (A) is
unable to benefit due to the severity of the individual's disability or
that the individual is ineligible for vocational rehabilitation services,
</quote>
; and
</text>
</subclause>
<subclause id="id6DC0543A33D24AA48D8CD3DC41B364BA">
<enum>
(II)
</enum>
<text>
by striking
<quote>
, except under
</quote>
and all that follows and inserting a period; and
</text>
</subclause>
</clause>
<clause id="id67C94202F3C0470399A8FAE3D599D5EA">
<enum>
(iii)
</enum>
<text>
in the second sentence, by striking
<quote>
individual or to determine
</quote>
and all that follows and inserting
<quote>
individual. In providing the trial experiences, the designated State unit shall provide the
individual with the opportunity to try different employment experiences,
including supported employment, and the opportunity to become employed in
competitive integrated employment.
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="idA0854BCC7DFD4924B1F9C7784824CC3F">
<enum>
(3)
</enum>
<text>
in paragraph (3)(A)(ii), by striking
<quote>
outcome from
</quote>
and all that follows and inserting
<quote>
outcome due to the severity of the individual's disability
(as of the date of the determination).
</quote>
; and
</text>
</paragraph>
<paragraph id="id601E104E42224EB6935D12CABD0D5C6C">
<enum>
(4)
</enum>
<text>
in paragraph (5)—
</text>
<subparagraph id="id8D3F38694CE144BD92F16509AD34D2D8">
<enum>
(A)
</enum>
<text>
in the matter preceding subparagraph (A)—
</text>
<clause id="id2706CD130A114F029C2199CC060BE920">
<enum>
(i)
</enum>
<text>
by striking
<quote>
If an individual
</quote>
and inserting
<quote>
If, after the designated State unit carries out the activities described in paragraph (2)(B), a
review of existing data, and, to the extent necessary, the assessment
activities described in section 7(2)(A)(ii), an individual
</quote>
; and
</text>
</clause>
<clause id="id34C71B5193B94987BA5FC22CF9EE0DBF">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
title is determined
</quote>
and all that follows through
<quote>
not to be
</quote>
and inserting
<quote>
title is determined not to be
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="id2A8BCEB7531F4544B0AA946755AB7E68">
<enum>
(B)
</enum>
<text>
by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively;
</text>
</subparagraph>
<subparagraph id="idA0D81C8B39254F788E141375948BCE0E">
<enum>
(C)
</enum>
<text>
by inserting before subparagraph (B), as redesignated by subparagraph (B) of this paragraph, the
following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idF73EE08BB45145C290C6DD1B31A48557" reported-display-style="italic" style="OLC">
<subparagraph id="IDf374e7e1f496403eb59dab04c07d3fa2">
<enum>
(A)
</enum>
<text>
the ineligibility determination shall be an individualized one, based on the available data, and
shall not be based on assumptions about broad categories of disabilities;
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="id025E462708E14903934BBD8E7CDC8103">
<enum>
(D)
</enum>
<text>
in clause (i) of subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by
inserting after
<quote>
determination
</quote>
the following:
<quote>
, including the clear and convincing evidence that forms the basis for the determination of
ineligibility
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="id335957AE83C94F398C304B89C10788EC">
<enum>
(b)
</enum>
<header>
Development of an individualized plan for employment, and related information
</header>
<text>
Section 102(b) (
<external-xref legal-doc="usc" parsable-cite="usc/29/722">
29 U.S.C. 722(b)
</external-xref>
) is amended—
</text>
<paragraph id="id80850D4EA2CD45E9A6C8EF7DAA6EB906">
<enum>
(1)
</enum>
<text>
in paragraph (1)(A)—
</text>
<subparagraph id="idE5C03B69247D4B36BE5FC8F6F09C476E">
<enum>
(A)
</enum>
<text>
by striking
<quote>
, to the extent determined to be appropriate by the eligible individual,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idEE0B446F63CE40B3805DA82736D41366">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
or, as appropriate, a disability advocacy organization
</quote>
after
<quote>
counselor
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="id9D2A8FD61F53426BA6DA8B2E8FFCC0CA">
<enum>
(2)
</enum>
<text>
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
</text>
</paragraph>
<paragraph id="id00CF96476F8B4B1792D484F652306F53">
<enum>
(3)
</enum>
<text>
by inserting after paragraph (1) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id67EBC37DF343497FA6AB28A419737B9E" reported-display-style="italic" style="OLC">
<paragraph id="id1EE31D52AD0648AD8436452F551E908A">
<enum>
(2)
</enum>
<header>
Individuals desiring to enter the workforce
</header>
<text>
For an individual entitled to benefits under title II or XVI of the Social Security Act (42 U.S.C.
401 et seq., 1381 et seq.) on the basis of a disability or blindness, the
designated State unit shall provide to the individual general information
on additional supports and assistance for individuals with disabilities
desiring to enter the workforce, including assistance with benefits
planning.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="id2C042F23512A42629A7A95960470AC1A">
<enum>
(4)
</enum>
<text>
in paragraph (3), as redesignated by paragraph (2) of this subsection—
</text>
<subparagraph id="idBF07472231CC4EA7831C36734C0801D8">
<enum>
(A)
</enum>
<text>
in subparagraph (E)—
</text>
<clause id="id2D358054D60240B081940D71709A3490">
<enum>
(i)
</enum>
<text>
in clause (i), by striking
<quote>
and
</quote>
at the end;
</text>
</clause>
<clause id="id660239F66F054312B64AC4EEF2B428DC">
<enum>
(ii)
</enum>
<text>
in clause (ii), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</clause>
<clause id="id3DFA5F5D766A4B058D874C592593CD6E">
<enum>
(iii)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id42BC48604BEF41228C69D990670164BE" reported-display-style="italic" style="OLC">
<clause id="ID0b8f1b3c0c6f42a68c645b43deb2ebe2">
<enum>
(iii)
</enum>
<text>
amended, as necessary, to include the postemployment services and service providers that are
necessary for the individual to maintain or regain employment, consistent
with the individual's strengths, resources, priorities, concerns,
abilities, capabilities, interests, and informed choice.
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="id422EDAD517E5445DB7D1797397030A56">
<enum>
(B)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id7C1FC6B50EFF4746AD8AF2C1F479E852" reported-display-style="italic" style="OLC">
<subparagraph id="IDa43834d1c9c740edbb68d35be2ab3878">
<enum>
(F)
</enum>
<header>
Timeframe for completing the individualized plan for employment
</header>
<text>
The individualized plan for employment shall be developed as soon as possible, but not later than a
deadline of 90 days after the date of the determination of eligibility
described in paragraph (1), unless the designated State unit and the
eligible individual agree to an extension of that deadline to a specific
date by which the individualized plan for employment shall be completed.
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="id3F8CD780A8844E8A945C1F6C775E7CB4">
<enum>
(5)
</enum>
<text>
in paragraph (4), as redesignated by paragraph (2) of this subsection—
</text>
<subparagraph id="idDC8FC84A7CAD4B01B698DC0B28DF70EE">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
choice of the
</quote>
and all that follows and inserting
<quote>
choice of the eligible individual, consistent with the general goal of competitive integrated
employment (except that in the case of an eligible individual who is a
student, the description may be a description of the student's projected
postschool employment outcome);
</quote>
;
</text>
</subparagraph>
<subparagraph id="id7A84B93D1F2B4D8A932DD982C532CB0E">
<enum>
(B)
</enum>
<text>
in subparagraph (B)(i)—
</text>
<clause id="id9D499150E2A64CE89FC5D78CDD0BAEC4">
<enum>
(i)
</enum>
<text>
by redesignating subclause (II) as subclause (III); and
</text>
</clause>
<clause id="id1CCAAC2FAAC441C4A1B1A5BFB62CA838">
<enum>
(ii)
</enum>
<text>
by striking subclause (I) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idC8E94706F87E49658DC59BF10451D34C" reported-display-style="italic" style="OLC">
<subclause id="ID29fb170739ab4610a54b3442205beb2a" indent="up1">
<enum>
(I)
</enum>
<text>
needed to achieve the employment outcome, including, as appropriate—
</text>
<item id="id6CEB3A6674504E8C8920D26989CE4710">
<enum>
(aa)
</enum>
<text>
the provision of assistive technology devices and assistive technology services (including
referrals described in section 103(a)(3) to the device reutilization
programs and demonstrations described in subparagraphs (B) and (D) of
section 4(e)(2) of the Assistive Technology Act of 1998 (29 U.S.C.
3003(e)(2)) through agreements developed under section 101(a)(11)(I); and
</text>
</item>
<item id="id161B2F9BFE364C1B9035D03496587470">
<enum>
(bb)
</enum>
<text>
personal assistance services (including training in the management of such services);
</text>
</item>
</subclause>
<subclause id="id9E62FBF02C924AB08C53374E117C8766" indent="up1">
<enum>
(II)
</enum>
<text>
in the case of a plan for an eligible individual that is a student, the specific transition
services and supports needed to achieve the student's employment
outcome or projected postschool employment outcome; and
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="idCE8C062F84F146BE88615331D769DD44">
<enum>
(C)
</enum>
<text>
in subparagraph (F), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="id1BC68566ADC14222B84E3B6CE9F208BA">
<enum>
(D)
</enum>
<text>
in subparagraph (G), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id69F3F30F9D014670AD44A53B8A1B169C">
<enum>
(E)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idFA979CA60AF54082B911013CCA60C851" reported-display-style="italic" style="OLC">
<subparagraph id="ID0cf19e11ac9244e68779489fdea94300">
<enum>
(H)
</enum>
<text>
for an individual who also is receiving assistance from an employment network under the Ticket to
Work and Self-Sufficiency Program established under section 1148 of the
Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1320b-19">
42 U.S.C. 1320b–19
</external-xref>
), a description
of how responsibility for service delivery will be divided between the
employment network and the designated State unit.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</subsection>
<subsection id="id96899FD658E34DC5984CB9CA7277AA7C">
<enum>
(c)
</enum>
<header>
Procedures
</header>
<text>
Section 102(c) (
<external-xref legal-doc="usc" parsable-cite="usc/29/722">
29 U.S.C. 722(c)
</external-xref>
) is amended—
</text>
<paragraph id="idA1F1B1D62D594530A4E65F98C642EF99">
<enum>
(1)
</enum>
<text>
in paragraph (1), by adding at the end the following:
<quote>
The procedures shall allow an applicant or an eligible individual the opportunity
to request mediation, an impartial due process hearing, or both
procedures.
</quote>
;
</text>
</paragraph>
<paragraph id="id8893946AFBEB4ADAA0B3B2580E840D0F">
<enum>
(2)
</enum>
<text>
in paragraph (2)(A)—
</text>
<subparagraph id="id1C17CB44F79743F98001D62C158E04B8">
<enum>
(A)
</enum>
<text>
in clause (ii), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="id94D84D135699479CA35D737D08D6784A">
<enum>
(B)
</enum>
<text>
in clause (iii), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id3A2A29D394904C16AC46DDDF05E0816A">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idBDADD165104947FBB3493D1FF8BCC7A0" reported-display-style="italic" style="OLC">
<clause id="ID3b9171349568462e9093b3fe4909661f">
<enum>
(iv)
</enum>
<text>
any applicable State limit on the time by which a request for mediation under paragraph (4) or a
hearing under paragraph (5) shall be made, and any required procedure by
which the request shall be made.
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="id5308D747029F43DEA78F0F2A42077BD2">
<enum>
(3)
</enum>
<text>
in paragraph (5)—
</text>
<subparagraph id="idF58C17105BC146FCAE573E33F916DB6E">
<enum>
(A)
</enum>
<text>
by striking subparagraph (A) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idB9AB2BF0A1104819A152814F6EF103F6" reported-display-style="italic" style="OLC">
<subparagraph id="IDb48a52fda2a44d01a12a4593dcdd00c4">
<enum>
(A)
</enum>
<header>
Officer
</header>
<text>
A due process hearing described in paragraph (2) shall be conducted by an impartial hearing officer
who, on reviewing the evidence presented, shall issue a written decision
based on the provisions of the approved State plan, requirements specified
in this Act (including regulations implementing this Act), and State
regulations and policies that are consistent with the Federal requirements
specified in this title. The officer shall provide the written decision to
the applicant or eligible individual, or, as appropriate, the applicant’s
representative or individual’s representative, and to the designated State
unit. The impartial hearing officer shall have the authority to render a
decision and require actions regarding the applicant's or eligible
individual's
vocational
rehabilitation services under this title.
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="id4A54C924B4AB47A1B7680DB4E80C898A">
<enum>
(B)
</enum>
<text>
in subparagraph (B), by striking
<quote>
in laws
</quote>
and inserting
<quote>
about Federal laws
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="id6F05B5ACEA5F408BB23189C3E2264EB8">
<enum>
414.
</enum>
<header>
Vocational rehabilitation services
</header>
<text display-inline="no-display-inline">
Section 103 (
<external-xref legal-doc="usc" parsable-cite="usc/29/723">
29 U.S.C. 723
</external-xref>
) is amended—
</text>
<paragraph id="idAF3C18386B9F4AFE962AEE9B404BCB5A">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (a)—
</text>
<subparagraph id="idD46E5B91DC03468DB2C50D4C5F74C95C">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
in paragraph (13), by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
;
</text>
</subparagraph>
<subparagraph id="idE55E93C6667A4CE18061368D8C1C53D9">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
by striking paragraph (15) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id285153D265D248FA9A4EE4CFCF0658E5" reported-display-style="italic" style="OLC">
<paragraph commented="no" display-inline="no-display-inline" id="IDc4b0d9877d6f4ea4bb0998ad8eed7d01">
<enum>
(15)
</enum>
<text display-inline="yes-display-inline">
transition services for students with disabilities, that facilitate the transition from school to
postsecondary life, such as achievement of an employment outcome in
competitive integrated employment, or pre-employment transition services;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="id517AC7FDBF4C44FAA4CECE1612D12B26">
<enum>
(C)
</enum>
<text>
by redesignating paragraphs (17) and (18) as paragraphs (19) and (20), respectively; and
</text>
</subparagraph>
<subparagraph id="idC0303425312A4489A26091502DB19B47">
<enum>
(D)
</enum>
<text>
by inserting after paragraph (16) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idB418F4C0402247A1B43A16F167011212" reported-display-style="italic" style="OLC">
<paragraph id="idF26A76EF5CCB4CDE888EC30C6C36D97F">
<enum>
(17)
</enum>
<text>
customized employment;
</text>
</paragraph>
<paragraph id="id73D2DF2FDF5E4F7F93D6127038F3A900">
<enum>
(18)
</enum>
<text>
encouraging qualified individuals who are eligible to receive services
under this title to pursue advanced training
in a science, technology,
engineering, or mathematics (including computer science) field, medicine,
law,
or business;
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="idDDCFE3CD7F124DBCAEC0C7A670579559">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="idD8F8B656B67E4F2EA0A280F8DB20041C">
<enum>
(A)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="idD3A138F4DF214140A1E00EAEC1F343E6">
<enum>
(i)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="id293AAB17E9C6466492907A0DA3FD629C">
<enum>
(I)
</enum>
<text>
by striking
<quote>
(A)
</quote>
; and
</text>
</subclause>
<subclause id="id2E77159B0EA242EF8C022309FEAC0183">
<enum>
(II)
</enum>
<text>
by striking the second sentence and inserting
<quote>
Such programs shall be used to provide services described in this section that promote integration
into the community and that prepare individuals with disabilities for
competitive integrated employment,
including supported employment and customized employment.
</quote>
; and
</text>
</subclause>
</clause>
<clause id="id01914109eee34170a258342064d1fae2">
<enum>
(ii)
</enum>
<text>
by striking subparagraph (B);
</text>
</clause>
</subparagraph>
<subparagraph id="id10de28951dbc468a9fb4404c45c787ff">
<enum>
(B)
</enum>
<text>
by striking paragraph (5) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id8A42BAD9206B4E31BBE9C1DB960B8DF6" reported-display-style="italic" style="OLC">
<paragraph id="id6219A898EF4F46829D63853AB6765C52">
<enum>
(5)
</enum>
<text>
Technical assistance to businesses that are seeking to employ individuals with disabilities.
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="idD676259C0B1540A89AE939DD56D30768">
<enum>
(C)
</enum>
<text>
by striking paragraph (6) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idF97372F1EE694997B15F88219D6A68C4" reported-display-style="italic" style="OLC">
<paragraph id="id7936FAC564954D75AB5CB58EB62C22F0">
<enum>
(6)
</enum>
<text>
Consultation and technical assistance services to assist State educational agencies and local
educational agencies in planning for the transition of students with
disabilities from school to postsecondary life, including employment.
</text>
</paragraph>
<paragraph id="idDA70DE16F6044334ABE88C3825CFA125">
<enum>
(7)
</enum>
<text>
Transition services to youth with disabilities and students with disabilities, for which a
vocational rehabilitation counselor works in concert with educational
agencies, providers of job training programs, providers of services under
the Medicaid program under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.), entities designated by the State to provide services for
individuals with developmental disabilities, centers for independent
living (as defined in section 702), housing and transportation
authorities, workforce development systems, and businesses and employers.
</text>
</paragraph>
<paragraph id="id70fc1f8b42bc45f6bddfba79c2bb5a1a">
<enum>
(8)
</enum>
<text>
The establishment, development, or improvement of assistive technology demonstration, loan,
reutilization, or financing programs in coordination with activities
authorized under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et
seq.) to
promote access to assistive technology for individuals with disabilities
and employers.
</text>
</paragraph>
<paragraph id="id96fb716936d24a519929ef994ba4628e">
<enum>
(9)
</enum>
<text>
Support (including, as appropriate, tuition) for advanced training in a science, technology,
engineering, or mathematics (including computer science) field, medicine,
law,
or business, provided after an individual eligible to receive services
under this title, demonstrates—
</text>
<subparagraph id="idadf4099bc4b7495888520099d705109a">
<enum>
(A)
</enum>
<text>
such eligibility;
</text>
</subparagraph>
<subparagraph id="id0dfc7113f2f748dab9c1729117aa6511">
<enum>
(B)
</enum>
<text>
previous completion of a bachelor's degree program at an institution of higher education or
scheduled completion of such degree program prior to matriculating in the
program for which the individual proposes to use the support; and
</text>
</subparagraph>
<subparagraph id="id90062f9f439245e89e7e4ce707bc7f8c">
<enum>
(C)
</enum>
<text>
acceptance by a program at an institution of higher education in the United States that
confers a master’s degree in a science, technology, engineering,
or mathematics (including computer science) field, a juris doctor degree,
a
master of business administration degree, or a doctor of medicine
degree,
</text>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
except that the limitations of subsection (a)(5) that apply to training services shall apply to
support described in this paragraph, and nothing in this
paragraph shall prevent any designated State unit from providing similar
support to individuals with
disabilities within the State who are eligible to receive support
under this title and who are not served under this paragraph.
</continuation-text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section id="idB15C73BFE4D9448DA5A0D87AD679F600">
<enum>
415.
</enum>
<header>
State Rehabilitation Council
</header>
<text display-inline="no-display-inline">
Section 105 (
<external-xref legal-doc="usc" parsable-cite="usc/29/725">
29 U.S.C. 725
</external-xref>
) is amended—
</text>
<paragraph id="id3F8802D39B894A9BBD2023A722FBBF1E">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (b)(1)(A)—
</text>
<subparagraph id="id347AAEE77E0745289C48E32764FAC86C">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking clause (ix) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idD9BE74EB374F4D53B0F4E7C8CA0283DE" reported-display-style="italic" style="OLC">
<clause id="IDb2ef2994755148778ac8d3b344295cf8">
<enum>
(ix)
</enum>
<text>
in a State in which one or more projects are funded under section 121, at least one representative
of the
directors of the projects located in such State;
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="id68E2782D4C824C2D91E782109C02F06C">
<enum>
(B)
</enum>
<text>
in clause (xi), by striking
<quote>
State workforce investment board
</quote>
and inserting
<quote>
State workforce development board
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="id0497C047C54041F683EA52C4FE1DAFF6">
<enum>
(2)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="idC46F4E7BDC574A3E9D51CC6D997F1BCA">
<enum>
(A)
</enum>
<text>
in the matter preceding paragraph (1), by striking
<quote>
State workforce investment board
</quote>
and inserting
<quote>
State workforce development board
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id9657FAB1BE9948FB98CF4B9A02C1CB61">
<enum>
(B)
</enum>
<text>
in paragraph (6), by striking
<quote>
Service Act
</quote>
and all that follows and inserting
<quote>
Service Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/300x-3">
42 U.S.C. 300x–3(a)
</external-xref>
) and the State workforce development board, and with the
activities of entities carrying out programs under the Assistive
Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3001">
29 U.S.C. 3001 et seq.
</external-xref>
);
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section commented="no" id="id41E49C9DCC2D4C6EA4984F61C680AB79">
<enum>
416.
</enum>
<header>
Evaluation standards and performance indicators
</header>
<text display-inline="no-display-inline">
Section 106 (
<external-xref legal-doc="usc" parsable-cite="usc/29/726">
29 U.S.C. 726
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="idFD3DCEFA7B53481F82B35439574DC149">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by striking subsection (a) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idCEAF1FEFE9444F67B677A256B69F13F7" reported-display-style="italic" style="OLC">
<subsection id="IDee620403d5c54e6290cadcb19fc87ee4">
<enum>
(a)
</enum>
<header>
In general
</header>
<paragraph id="ID72629907b4f64630b751059f26eef8bc">
<enum>
(1)
</enum>
<header>
Standards and indicators
</header>
<text>
The evaluation standards and performance indicators for the vocational rehabilitation program
carried out under this title shall be subject to the performance
accountability provisions described in section 116(b) of the Workforce
Innovation and Opportunity Act.
</text>
</paragraph>
<paragraph id="ID5b991f315aef4eb88b0a1557fdaaf540">
<enum>
(2)
</enum>
<header>
Additional performance accountability indicators
</header>
<text>
A State may establish and provide information on additional performance accountability indicators,
which shall be identified
in the State plan submitted under section 101.
</text>
</paragraph>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="idB7C8773602984D1D8DE122B7572536EA">
<enum>
(2)
</enum>
<text>
in subsection (b)(2)(B)(i), by striking
<quote>
review the program
</quote>
and all that follows through
<quote>
request the State
</quote>
and inserting
<quote>
on a biannual basis, review the program improvement efforts of the State and, if the State has not
improved its performance to acceptable levels, as determined by the
Commissioner, direct the State
</quote>
.
</text>
</paragraph>
</section>
<section id="id82BF29FC02B24924B4FAF89AD38F5A08">
<enum>
417.
</enum>
<header>
Monitoring and review
</header>
<subsection id="id92114193AF24481C97F1CC1EE045C317">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Section 107 (
<external-xref legal-doc="usc" parsable-cite="usc/29/727">
29 U.S.C. 727
</external-xref>
) is amended—
</text>
<paragraph id="idC0FEFF8E1D334D80AFF7DADA2ABB1F7C">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="id321559408E4A4112A41545B78253F19A">
<enum>
(A)
</enum>
<text>
in paragraph (3)(E), by inserting before the period the following:
<quote>
, including personnel of a client assistance program under section 112, and past or current
recipients of vocational rehabilitation services
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idADB1DED259B14B41BAE29D15F464EE79">
<enum>
(B)
</enum>
<text>
in paragraph (4)—
</text>
<clause id="id4B3C893BA10340509A54E816B30F281C">
<enum>
(i)
</enum>
<text>
by striking subparagraphs (A) and (B) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id474885626B694E57B73506DEE0FD0131" reported-display-style="italic" style="OLC">
<subparagraph id="ID8610c459a05148fb886bce66facd8bda">
<enum>
(A)
</enum>
<text>
the eligibility process, including the process related to the determination of ineligibility under
section 102(a)(5);
</text>
</subparagraph>
<subparagraph id="ID381b997ef6ca4710a39df7e94f30707a">
<enum>
(B)
</enum>
<text>
the provision of services, including supported employment services and pre-employment transition
services, and, if applicable, the order of
selection;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="idA1E1A970C57F42A0BC26E03C257758E5">
<enum>
(ii)
</enum>
<text>
in subparagraph (C), by striking
<quote>
and
</quote>
at the end;
</text>
</clause>
<clause id="id915924045FF24E38BA1C1AD35764343E">
<enum>
(iii)
</enum>
<text>
by redesignating subparagraph (D) as subparagraph (E); and
</text>
</clause>
<clause id="id44E4D74598104049B9BF4D63A3D27D9F">
<enum>
(iv)
</enum>
<text>
by inserting after subparagraph (C) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idD9883DDE8804401093879B3296AD8654" reported-display-style="italic" style="OLC">
<subparagraph id="IDb75f6f2653cd4ca3a5169cc0fabe00ac">
<enum>
(D)
</enum>
<text>
data reported under section 101(a)(10)(C)(i); and
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id4CAA208091194C9D895933FD99DC797F">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="idD4FA5B44676B4AD3A5F4EA6C42E57A49">
<enum>
(A)
</enum>
<text>
in paragraph (1), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="id57BA1E9A16F74D23B28451440D9A383E">
<enum>
(B)
</enum>
<text>
in paragraph (2), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id33955E3475B544CD93B26DE97F88389E">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id6ED1C75738504B46B3A339618DBBE249" reported-display-style="italic" style="OLC">
<paragraph id="idd84958a264934895bd1420c4b69d8830">
<enum>
(3)
</enum>
<text>
provide technical assistance to programs under this title to—
</text>
<subparagraph id="id1242BD049A9A4E6B947D65D57DCF7638">
<enum>
(A)
</enum>
<text>
promote high-quality employment outcomes for individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="idDFE0C217A7CC479589596DA864CDE3EF">
<enum>
(B)
</enum>
<text>
integrate veterans who are individuals with disabilities into their communities and to support the
veterans to obtain and retain competitive integrated employment;
</text>
</subparagraph>
<subparagraph id="id06A602FAFEFA4C039F01DB28A560167E">
<enum>
(C)
</enum>
<text>
develop, improve, and disseminate information on procedures, practices, and strategies, including
for the preparation of personnel, to better enable individuals with
intellectual disabilities and other individuals with disabilities to
participate in postsecondary educational experiences and to obtain and
retain competitive integrated employment; and
</text>
</subparagraph>
<subparagraph id="id67E15DBA019B4260AC0ED742D849F01C">
<enum>
(D)
</enum>
<text>
apply evidence-based findings to facilitate systemic improvements in the transition of youth with
disabilities to postsecondary life.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</subsection>
<subsection id="id20EF8A58C06146BAB408E734DA88EE0E">
<enum>
(b)
</enum>
<header>
Technical amendment
</header>
<text>
Section 108(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/728">
29 U.S.C. 728(a)
</external-xref>
) is amended by striking
<quote>
part B of title VI
</quote>
and inserting
<quote>
title VI
</quote>
.
</text>
</subsection>
</section>
<section id="id5C9CB14226EF4B2B88280932EF453281">
<enum>
418.
</enum>
<header>
Training and services for employers
</header>
<text display-inline="no-display-inline">
Section 109 (
<external-xref legal-doc="usc" parsable-cite="usc/29/728a">
29 U.S.C. 728a
</external-xref>
) is amended to read as follows:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id711945F924DA4CE98AA001EF3AA3CB3E" reported-display-style="italic" style="OLC">
<section id="IDee7ff585a81946e8a41dc3a6159aa6a7">
<enum>
109.
</enum>
<header>
Training and services for employers
</header>
<text display-inline="no-display-inline">
A State may expend payments received under section 111 to educate and provide services to employers
who have hired or are interested in hiring individuals with disabilities
under programs carried out under this title, including—
</text>
<paragraph id="id8C4232F0B6D746C881A0469D94001F62">
<enum>
(1)
</enum>
<text>
providing training and technical assistance to employers regarding the employment of individuals
with disabilities, including disability awareness, and the requirements of
the Americans with Disabilities Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12101">
42 U.S.C. 12101 et seq.
</external-xref>
) and
other employment-related laws;
</text>
</paragraph>
<paragraph id="id2293bc598f7f4e1a8f699377b45813a1">
<enum>
(2)
</enum>
<text>
working with employers to—
</text>
<subparagraph id="idf452813629a14077b33c6cb6ca727db6">
<enum>
(A)
</enum>
<text>
provide opportunities for work-based learning experiences (including internships, short-term
employment, apprenticeships, and fellowships), and opportunities for
pre-employment transition services;
</text>
</subparagraph>
<subparagraph id="idafde6f8c9ede4f20932becb469743811">
<enum>
(B)
</enum>
<text>
recruit qualified applicants who are individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="id37c70561ea194d5783ee240b5ad93e8c">
<enum>
(C)
</enum>
<text>
train employees who are individuals with disabilities; and
</text>
</subparagraph>
<subparagraph id="id42be45fb97404a90858e09b2ab8b0750">
<enum>
(D)
</enum>
<text>
promote awareness of disability-related obstacles to continued employment;
</text>
</subparagraph>
</paragraph>
<paragraph id="id2b6893e8093a4a1e9b5b7234352cc26f">
<enum>
(3)
</enum>
<text>
providing consultation, technical assistance, and support to employers on workplace accommodations,
assistive technology, and facilities and workplace access through
collaboration with community partners and employers, across States and
nationally, to enable the employers to recruit, job match, hire, and
retain
qualified individuals
with disabilities who are recipients of vocational rehabilitation services
under this title, or who are applicants for such services; and
</text>
</paragraph>
<paragraph id="id471595b74a624a1b815d394779cc7b9d">
<enum>
(4)
</enum>
<text>
assisting employers with utilizing available financial support for hiring or accommodating
individuals with disabilities.
</text>
</paragraph>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="id1919BDC9CF3B49C3AD27957AC0B6C4BA">
<enum>
419.
</enum>
<header>
State allotments
</header>
<text display-inline="no-display-inline">
Section 110 (
<external-xref legal-doc="usc" parsable-cite="usc/29/730">
29 U.S.C. 730
</external-xref>
) is amended—
</text>
<paragraph id="id22E40618C086492A938842E9AD606E4B">
<enum>
(1)
</enum>
<text>
in subsection (a)(1), by striking
<quote>
Subject to the provisions of subsection (c)
</quote>
and inserting
<quote>
Subject to the provisions of subsections (c) and (d),
</quote>
;
</text>
</paragraph>
<paragraph id="idC1B464D4023C4ACABEE6B0754F7F9C21">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in subsection (c)—
</text>
<subparagraph id="idE46EAB95280742C6BC598C1DC3F09C2C">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
in paragraph (1), by striking
<quote>
1987
</quote>
and inserting
<quote>
2015
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id3C70AC8551A1467192808A1BE770BDFC">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="id45884F23FD634093B7E450AB2F34EB4E">
<enum>
(i)
</enum>
<text>
by striking
<quote>
Secretary
</quote>
and all that follows through
<quote>
(B)
</quote>
and inserting
<quote>
Secretary,
</quote>
; and
</text>
</clause>
<clause id="idDF283DADA1364414A9936050952F6FFB">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
2000 through 2003
</quote>
and inserting
<quote>
2015 through 2020
</quote>
; and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="idD5FE8E1E6B7D4CC18470A7A60B39D829">
<enum>
(3)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idC520240FF42744718705C7B8C9B241BA" reported-display-style="italic" style="OLC">
<subsection id="id30FBF55D748D467EB6BE63B30C318981">
<enum>
(d)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="id7C852C98F4ED4535A355AD5568AEE5DF">
<enum>
(1)
</enum>
<text>
From any State allotment under subsection (a) for a fiscal year, the State shall reserve not less
than 15 percent of the allotted funds for the provision of pre-employment
transition services.
</text>
</paragraph>
<paragraph changed="added" id="id53D53F68F6774DB293B3100AB8F1A78B" indent="up1" reported-display-style="italic">
<enum>
(2)
</enum>
<text>
Such reserved funds shall not be used to pay for the administrative costs of providing
pre-employment transition services.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="id29A3EF5F040341AC9901765C3D320EE5">
<enum>
420.
</enum>
<header>
Payments to States
</header>
<text display-inline="no-display-inline">
Section 111(a)(2)(B) (
<external-xref legal-doc="usc" parsable-cite="usc/29/731">
29 U.S.C. 731(a)(2)(B)
</external-xref>
) is amended—
</text>
<paragraph id="id9E86EE6E81194910999DA7C83BD955C1">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
For fiscal year 1994 and each fiscal year thereafter, the
</quote>
and inserting
<quote>
The
</quote>
;
</text>
</paragraph>
<paragraph id="idDE4DD9A85C6646F98D79D93406F9D0F4">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
this title for the previous
</quote>
and inserting
<quote>
this title for any previous
</quote>
; and
</text>
</paragraph>
<paragraph id="id39971DE335EA4656AA4FD9BAC0E079A4">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
year preceding the previous
</quote>
and inserting
<quote>
year preceding that previous
</quote>
.
</text>
</paragraph>
</section>
<section id="id4DDC1C8C5204478782EFAB9D323CF448">
<enum>
421.
</enum>
<header>
Client assistance program
</header>
<text display-inline="no-display-inline">
Section 112 (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
) is amended—
</text>
<paragraph id="idBAA373123EB04E22A77D5B68D6AC332E">
<enum>
(1)
</enum>
<text>
in subsection (a), in the first sentence, by inserting
<quote>
including under sections 113 and 511,
</quote>
after
<quote>
all available benefits under this Act,
</quote>
;
</text>
</paragraph>
<paragraph id="idF556F601B8D14104B4EDFB6C25F0371C">
<enum>
(2)
</enum>
<text>
in subsection (b), by striking
<quote>
not later than October 1, 1984,
</quote>
;
</text>
</paragraph>
<paragraph id="id6918FCF91E794E39B10C08B066B7C8AE">
<enum>
(3)
</enum>
<text>
in subsection (e)(1)—
</text>
<subparagraph id="idD6C71463EF064054A062643D1BB5B03E">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
The Secretary shall allot
</quote>
and inserting
<quote>
After reserving funds under subparagraphs (E) and (F), the Secretary shall allot the remainder of
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idA2625F710FED4BF49F094CF7F69A6770">
<enum>
(B)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id80B4AC5C5CB947039A027941F0FB7846" reported-display-style="italic" style="OLC">
<subparagraph id="id53D78076145B4C2BB8B65EF66A46C040" indent="up2">
<enum>
(E)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="id44B72287A2E84C82AD41E7CA14FC89AA">
<enum>
(i)
</enum>
<text>
The Secretary shall reserve funds appropriated under subsection (h) to make
a grant to the protection and advocacy system serving the American Indian
Consortium to provide services in accordance with this section. The
amount of such a grant shall be the same amount as is provided to a
territory under
this subsection.
</text>
</clause>
<clause changed="added" id="id90214EA87085426F81EE508453D70722" indent="up1" reported-display-style="italic">
<enum>
(ii)
</enum>
<text>
In this subparagraph:
</text>
<subclause id="idBDDA33F7A5504B748C756B0145C6A771">
<enum>
(I)
</enum>
<text>
The term
<term>
American Indian Consortium
</term>
has the meaning given the term in section 102 of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (
<external-xref legal-doc="usc" parsable-cite="usc/42/15002">
42 U.S.C. 15002
</external-xref>
).
</text>
</subclause>
<subclause id="idCD0C45297AA34B8AB59EE636E66D47B7">
<enum>
(II)
</enum>
<text>
The term
<term>
protection and advocacy system
</term>
means a protection and advocacy system established under subtitle C of title I of the
Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15041 et seq.).
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="id5DE4902921C1412C98EF666BA67BAB67" indent="up2">
<enum>
(F)
</enum>
<text>
For any fiscal year for which the amount appropriated under subsection (h) equals or exceeds
$14,000,000, the Secretary may reserve not less than 1.8 percent and not
more than 2.2 percent of such amount to provide a grant for training and
technical assistance for the programs established under this section. Such
training and technical assistance shall be coordinated with activities
provided under section 509(c)(1)(A).
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="id5B37EB254F3A482C84F42FA7D938BB65">
<enum>
(4)
</enum>
<text>
by striking subsection (h) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id681BACAA97334CDCA730B05A5CEC5573" reported-display-style="italic" style="OLC">
<subsection id="id37D2136F896F42B3A3B86EAC4608BF8F">
<enum>
(h)
</enum>
<text>
There are authorized to be appropriated to carry out the provisions of this section—
</text>
<paragraph id="id18BB0EB5AFB849BEA29F50C1A1C762EE">
<enum>
(1)
</enum>
<text>
$12,000,000 for fiscal year 2015;
</text>
</paragraph>
<paragraph id="id13F1B116534C470699EA0DB9685D45C0">
<enum>
(2)
</enum>
<text>
$12,927,000 for fiscal year 2016;
</text>
</paragraph>
<paragraph id="idA01F9300457D452AB97415BE725C4204">
<enum>
(3)
</enum>
<text>
$13,195,000 for fiscal year 2017;
</text>
</paragraph>
<paragraph id="id91874A322331459EA49465BDE1AA8265">
<enum>
(4)
</enum>
<text>
$13,488,000 for fiscal year 2018;
</text>
</paragraph>
<paragraph id="id134C2AABE0304492A4B90187DB2EFA2C">
<enum>
(5)
</enum>
<text>
$13,805,000 for fiscal year 2019; and
</text>
</paragraph>
<paragraph id="idE78FB11EBCF7438EB923202B89A417C3">
<enum>
(6)
</enum>
<text>
$14,098,000 for fiscal year 2020.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="id3E6D725A75EA498A815C9BA55DA47691">
<enum>
422.
</enum>
<header>
Pre-employment transition services
</header>
<text display-inline="no-display-inline">
Part B of title I (
<external-xref legal-doc="usc" parsable-cite="usc/29/730">
29 U.S.C. 730 et seq.
</external-xref>
) is further amended by adding
at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idD23CFBBE9E074BCF8068D60569305EE2" reported-display-style="italic" style="OLC">
<section id="idE3A56953FC8245F6813418718EC70F4A">
<enum>
113.
</enum>
<header>
Provision of pre-employment transition services
</header>
<subsection id="id789c6a7c22f1406db8d24c3383f88706">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
From the funds reserved under section 110(d), and any funds made available from State, local, or
private funding sources, each State shall ensure that the designated State
unit, in collaboration with the local educational agencies involved, shall
provide, or arrange for the provision of, pre-employment transition
services for all students with disabilities in need of such services who
are eligible or potentially eligible for services under this title.
</text>
</subsection>
<subsection id="id057afa95b6814d93ae8cc327a4920868">
<enum>
(b)
</enum>
<header>
Required activities
</header>
<text>
Funds available under subsection (a) shall be used to make available to students with disabilities
described in subsection (a)—
</text>
<paragraph id="id24116952b1124187965da91e84b08631">
<enum>
(1)
</enum>
<text>
job exploration counseling;
</text>
</paragraph>
<paragraph id="idc57c335e7ee94856a21bff084cd06218">
<enum>
(2)
</enum>
<text>
work-based learning experiences, which may include in-school or after school opportunities, or
experience outside the traditional school setting (including internships),
that is provided in an integrated environment to the maximum extent
possible;
</text>
</paragraph>
<paragraph id="id41fb6ccdae1344829addb1f2778a4aa9">
<enum>
(3)
</enum>
<text>
counseling on opportunities for enrollment in comprehensive transition or postsecondary
educational programs at institutions of higher education;
</text>
</paragraph>
<paragraph id="idafd8bfe86951400b8c50ca72481be90c">
<enum>
(4)
</enum>
<text>
workplace readiness training to develop social skills and independent living; and
</text>
</paragraph>
<paragraph id="id05b0f1424c8e4780ada05ea33a180dc2">
<enum>
(5)
</enum>
<text>
instruction in self-advocacy, which may include peer mentoring.
</text>
</paragraph>
</subsection>
<subsection id="id8cdc92392f564ea18b043d9a44a56e89">
<enum>
(c)
</enum>
<header>
Authorized activities
</header>
<text>
Funds available under subsection (a) and remaining after the provision of the required activities
described in subsection (b) may be used to improve the
transition of students with disabilities described in subsection (a) from
school to postsecondary
education or an employment outcome by—
</text>
<paragraph id="idc28a91741d274e8aab3581bbf307e1bb">
<enum>
(1)
</enum>
<text>
implementing effective strategies to increase the likelihood of independent living and inclusion in
communities and competitive integrated workplaces;
</text>
</paragraph>
<paragraph id="id34691a3d08fe428b9072c809fb71c78f">
<enum>
(2)
</enum>
<text>
developing and improving strategies for individuals with intellectual disabilities and individuals
with significant disabilities to live independently, participate in
postsecondary education experiences, and obtain and retain competitive
integrated employment;
</text>
</paragraph>
<paragraph id="idadcc8725cc70482c9054fed46a3fac5e">
<enum>
(3)
</enum>
<text>
providing instruction to vocational rehabilitation counselors, school transition personnel, and
other persons supporting students with disabilities;
</text>
</paragraph>
<paragraph id="idb0dea108486f4826b23c8fdfce540367">
<enum>
(4)
</enum>
<text>
disseminating information about innovative, effective, and efficient approaches to achieve the
goals of this section;
</text>
</paragraph>
<paragraph id="id64fbc7ed4f524e55b5d33af7cd443743">
<enum>
(5)
</enum>
<text>
coordinating activities with transition services provided by local educational agencies under the
Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1400">
20 U.S.C. 1400 et seq.
</external-xref>
);
</text>
</paragraph>
<paragraph id="idf2e86ce9252944f790efe463d790708b">
<enum>
(6)
</enum>
<text>
applying evidence-based findings to improve policy, procedure, practice, and the preparation of
personnel, in order to better achieve the goals of this section;
</text>
</paragraph>
<paragraph id="idce7f25d4efe44caeb2376b5099c95650">
<enum>
(7)
</enum>
<text>
developing model transition demonstration projects;
</text>
</paragraph>
<paragraph id="id2c0148bb10584f29aa2f0eb6c91a2635">
<enum>
(8)
</enum>
<text>
establishing or supporting multistate or regional partnerships involving States, local educational
agencies, designated State units, developmental disability
agencies, private businesses, or other participants to achieve the goals
of this section; and
</text>
</paragraph>
<paragraph id="idfb1d741f89354fde946b4c80985b6662">
<enum>
(9)
</enum>
<text>
disseminating information and strategies to improve the transition to postsecondary activities of
individuals who are members
of traditionally unserved populations.
</text>
</paragraph>
</subsection>
<subsection id="idBD077698C8114E249AD210288012A179">
<enum>
(d)
</enum>
<header>
Pre-Employment transition coordination
</header>
<text>
Each local office of a designated State unit shall carry out
responsibilities consisting of—
</text>
<paragraph id="id82203CABC5C648008ED2045388FC3441">
<enum>
(1)
</enum>
<text>
attending individualized education program meetings for students with disabilities, when invited;
</text>
</paragraph>
<paragraph id="id15F8A27AFAEE4D5D8925A61B796B0730">
<enum>
(2)
</enum>
<text>
working with the local workforce development boards, one-stop centers, and employers to develop
work
opportunities for students with disabilities, including internships,
summer employment and other employment opportunities
available throughout the school year, and apprenticeships;
</text>
</paragraph>
<paragraph id="id82995146087D426F929A0D00537EECEC">
<enum>
(3)
</enum>
<text>
work with schools, including those carrying out activities under section 614(d)(1)(A)(i)(VIII) of
the Individuals with Disabilities Education Act (20 U.S.C.
1414(d)(1)(A)(i)(VIII)), to coordinate and ensure the provision of
pre-employment transition services under this section; and
</text>
</paragraph>
<paragraph id="id91CAFBE5E8A74B89B3748075A37E95B6">
<enum>
(4)
</enum>
<text>
when invited, attend person-centered planning meetings for individuals receiving services under
title XIX of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1396">
42 U.S.C. 1396 et seq.
</external-xref>
).
</text>
</paragraph>
</subsection>
<subsection id="id611F5B3D2BBA49BF83F830129A8DB177">
<enum>
(e)
</enum>
<header>
National pre-employment transition coordination
</header>
<text>
The Secretary shall support designated State agencies
providing services under this section, highlight best State practices, and
consult with other Federal agencies to advance the goals of this section.
</text>
</subsection>
<subsection id="id87ed291b45b54f888e378ee645f76a81">
<enum>
(f)
</enum>
<header>
Support
</header>
<text>
In carrying out this section, States shall address the transition needs of all students with
disabilities, including
such students with physical, sensory, intellectual, and
mental health disabilities.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="id778A83CF095647CB8D8D8CC80402386F">
<enum>
423.
</enum>
<header>
American Indian vocational rehabilitation services
</header>
<text display-inline="no-display-inline">
Section 121 (
<external-xref legal-doc="usc" parsable-cite="usc/29/741">
29 U.S.C. 741
</external-xref>
) is amended—
</text>
<paragraph id="idD1255CFCCF3147CDA4A43B24D73210EF">
<enum>
(1)
</enum>
<text>
in subsection (a), in the first sentence, by inserting before the period the following:
<quote>
(referred to in this section as
<quote>
eligible individuals
</quote>
), consistent with such eligible individuals' strengths, resources, priorities, concerns,
abilities, capabilities, interests, and informed choice, so that such
individuals may prepare for, and engage in, high-quality employment that
will increase opportunities for economic self-sufficiency
</quote>
;
</text>
</paragraph>
<paragraph id="id1CAFC3524E2B4E56B63C6FCD38B06FC5">
<enum>
(2)
</enum>
<text>
in subsection (b)(1)—
</text>
<subparagraph id="id9F4D5874CBD1479D9790F5CCC69C0ECA">
<enum>
(A)
</enum>
<text>
in subparagraph (B), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="idC820D354CE354427A87962F8FC24626C">
<enum>
(B)
</enum>
<text>
in subparagraph (C), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idEEA0A0845FE54F88A6A9A2DEAEFD0B43">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id0515272C3A7E45DAB53CF6594AC62725" reported-display-style="italic" style="OLC">
<subparagraph id="IDf82f3677662b4bd880a2ac30278bd655">
<enum>
(D)
</enum>
<text>
contains assurances that—
</text>
<clause id="ID9b286c1acadc44399fdead81cb02c0ef">
<enum>
(i)
</enum>
<text>
all decisions affecting eligibility for vocational rehabilitation services, the nature and scope of
available vocational rehabilitation services and the provision of such
services will, consistent with this title, be made by a representative of
the tribal vocational
rehabilitation program funded through the grant; and
</text>
</clause>
<clause id="ID33290a9ef7dd49e48b5d0aa2b6854d4d">
<enum>
(ii)
</enum>
<text>
such decisions will not be delegated to another agency or individual.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="id22DCE4589FCF4FF5AD64F707164C9F63">
<enum>
(3)
</enum>
<text>
by redesignating subsection (c) as subsection (d); and
</text>
</paragraph>
<paragraph id="id45129C611CFD4825AAE6CBA822D515BF">
<enum>
(4)
</enum>
<text>
by inserting after subsection (b) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id68AAF62E69E3407580444B7EF0FE0A04" reported-display-style="italic" style="OLC">
<subsection id="ID61f8de1b76054506ab9593a349e753bf">
<enum>
(c)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="id8FD75E3CE20049EBB76375882EDDBAE8">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
From the funds appropriated and made available to carry out this part for any fiscal year,
beginning with fiscal year 2015, the Commissioner shall first reserve not
less than 1.8 percent and not more than 2 percent of the funds to provide
training and technical assistance to governing bodies described in
subsection (a) for such fiscal year.
</text>
</paragraph>
<paragraph changed="added" id="id649A39C18E704EC49AC673DDC29AF028" indent="up1" reported-display-style="italic">
<enum>
(2)
</enum>
<text>
From the funds reserved under paragraph (1), the Commissioner shall make grants to, or enter into
contracts or other cooperative agreements with, entities that have
experience in
the operation of vocational rehabilitation services programs under this
section to provide such training and technical assistance with respect to
developing, conducting, administering, and evaluating such programs.
</text>
</paragraph>
<paragraph changed="added" id="idFEA62E2BE4ED46789C21969444701C55" indent="up1" reported-display-style="italic">
<enum>
(3)
</enum>
<text>
The Commissioner shall conduct a survey of the governing bodies regarding training and technical
assistance needs in order to determine funding priorities for such grants,
contracts, or cooperative agreements.
</text>
</paragraph>
<paragraph changed="added" id="id5479A334E0BD44B5AA43241C7C66C60E" indent="up1" reported-display-style="italic">
<enum>
(4)
</enum>
<text>
To be eligible to receive a grant or enter into a contract or cooperative agreement under this
section,
such an entity shall submit an application to the Commissioner at such
time, in such manner, and containing a proposal to provide such training
and technical assistance, and containing such additional information as
the Commissioner may require. The Commissioner shall provide for peer
review of applications by panels that include persons who are not
government employees and who have experience in the operation of
vocational rehabilitation services programs under this section.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="idDE150F244DEF4BA1BF2DE4BA9C0A0680">
<enum>
424.
</enum>
<header>
Vocational rehabilitation services client information
</header>
<text display-inline="no-display-inline">
Section 131(a)(2) (
<external-xref legal-doc="usc" parsable-cite="usc/29/751">
29 U.S.C. 751(a)(2)
</external-xref>
) is amended by striking
<quote>
title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</section>
</subtitle>
<subtitle id="idAFDDBA597C2543F1B7A3862F4C00DB05">
<enum>
C
</enum>
<header>
Research and Training
</header>
<section id="idC320EDF0613B4F618A2F95DF2202E4F0">
<enum>
431.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
Section 200 (
<external-xref legal-doc="usc" parsable-cite="usc/29/760">
29 U.S.C. 760
</external-xref>
) is amended—
</text>
<paragraph id="idDA5FF7CC0E2D4F1BA8ECB866FA104C6D">
<enum>
(1)
</enum>
<text>
in paragraph (1), by inserting
<quote>
technical assistance,
</quote>
after
<quote>
training,
</quote>
;
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="id40C4CA7CC3364F98B415A0A5D2810F1E">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in paragraph (2), by inserting
<quote>
technical assistance,
</quote>
after
<quote>
training,
</quote>
;
</text>
</paragraph>
<paragraph id="id40C98A0A7FF14E4FADE08BF3CBB1A1CF">
<enum>
(3)
</enum>
<text>
in paragraph (3), in the matter preceding subparagraph (A)—
</text>
<subparagraph id="id2BFA5EAF8B1246E98EEEE1D2AC6EECC9">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
and use
</quote>
after
<quote>
transfer
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id96D5B4034BB44921A45CA25686C1EBD0">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
, in a timely and efficient manner,
</quote>
after
<quote>
disabilities
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="id9B599F35585B4776A1DEDF9BB74226D9">
<enum>
(4)
</enum>
<text>
in paragraph (4), by striking
<quote>
distribution
</quote>
and inserting
<quote>
dissemination
</quote>
;
</text>
</paragraph>
<paragraph id="id46A6C517AD084370BCDFEDFA030C4DAD">
<enum>
(5)
</enum>
<text>
in paragraph (5)—
</text>
<subparagraph id="id3DBA390FE20E45AFB7ADC62F67C0155A">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
, including individuals with intellectual and psychiatric disabilities,
</quote>
after
<quote>
disabilities
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id800A149DABF8434DBB96E98E3BC8821E">
<enum>
(B)
</enum>
<text>
by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subparagraph>
</paragraph>
<paragraph id="id320DCE283F9E4C19B1D05ADF623F885D">
<enum>
(6)
</enum>
<text>
by redesignating paragraph (6) as paragraph (7);
</text>
</paragraph>
<paragraph id="id07052968DCC54450BBAF23AAD91928DD">
<enum>
(7)
</enum>
<text>
by inserting after paragraph (5) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id2D90D7FC726849898A1A159CDA7F2F85" reported-display-style="italic" style="OLC">
<paragraph id="id393229d36c524126be32ab41a47a4368">
<enum>
(6)
</enum>
<text>
identify strategies for effective coordination of services to job seekers with disabilities
available through programs of one-stop partners, as defined in section 3
of the Workforce Innovation and Opportunity Act;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="idC50C80110EEC49E7A1E1D618937D14F1">
<enum>
(8)
</enum>
<text>
in paragraph (7), as redesignated by paragraph (6), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="id3B85CFDC2FC647F5A7F479CD41D26E38">
<enum>
(9)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idFF751A8DB05649F595839DFE01FC202B" reported-display-style="italic" style="OLC">
<paragraph id="ID2ea555072e3949599adc710c151c61db">
<enum>
(8)
</enum>
<text>
identify effective strategies for supporting the employment of individuals with disabilities in
competitive integrated employment.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section commented="no" id="id027309A4D1FE4347B7BB8D5932E06E53">
<enum>
432.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
Section 201 (
<external-xref legal-doc="usc" parsable-cite="usc/29/761">
29 U.S.C. 761
</external-xref>
) is amended to read as follows:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id52A9AA96EE0D4F9EB3038A32D9CB312C" reported-display-style="italic" style="OLC">
<section commented="no" id="id011F7CF2E3064CCD8923D0BE9675BA14">
<enum>
201.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
There are authorized to be appropriated to carry out this title $103,970,000 for fiscal year 2015,
$112,001,000 for fiscal
year 2016, $114,325,000 for fiscal
year 2017, $116,860,000 for fiscal year 2018, $119,608,000 for fiscal year
2019, and $122,143,000 for fiscal year 2020.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="id1CDA4B6ABB1640CB9FEF8673430D5DEF">
<enum>
433.
</enum>
<header>
National Institute on Disability, Independent Living, and Rehabilitation Research
</header>
<text display-inline="no-display-inline">
Section 202 (
<external-xref legal-doc="usc" parsable-cite="usc/29/762">
29 U.S.C. 762
</external-xref>
) is amended—
</text>
<paragraph id="id94983C5C08934E9B89AE476B47B688A6">
<enum>
(1)
</enum>
<text>
in the section heading, by inserting
<quote>
,
<header-in-text level="section" style="traditional">
Independent Living,
</header-in-text>
</quote>
after
<quote>
<header-in-text level="section" style="traditional">
Disability
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="idEB5C29E413D94BBD98F77CF327B118A1">
<enum>
(2)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="id30AA781980614052A5CEEF6FD75E0024">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="idAE32B0D9AF9B415194200D1227FE0F4C">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
Department of Education
</quote>
and all that follows through
<quote>
which
</quote>
and inserting
<quote>
Administration for Community Living of the Department of Health and Human Services a National
Institute on Disability, Independent Living, and Rehabilitation Research
(referred to in this title as the
<quote>
Institute
</quote>
), which
</quote>
; and
</text>
</clause>
<clause id="idAA7E5FC25D8240309A29E60C71F541F3">
<enum>
(ii)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="idDBBE5C0993AC4A4EBAA172DD5144E693">
<enum>
(I)
</enum>
<text>
in clause (ii), by striking
<quote>
and training; and
</quote>
and inserting
<quote>
, training, and technical assistance;
</quote>
;
</text>
</subclause>
<subclause id="idAE90C2709DAF4DDE99BD047CA15A87F1">
<enum>
(II)
</enum>
<text>
by redesignating clause (iii) as clause (iv); and
</text>
</subclause>
<subclause id="id1386860E78B640D88A016F92E76B47D7">
<enum>
(III)
</enum>
<text>
by inserting after clause (ii) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id80C43C3B520D40E4BADB3733620C2270" reported-display-style="italic" style="OLC">
<clause id="id137970DBC0884573ABE20955C6278E62" indent="up1">
<enum>
(iii)
</enum>
<text>
outreach and information that clarifies research implications for policy and practice; and
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
<subparagraph id="id6417876EEFC449E78FE83171D67B2357">
<enum>
(B)
</enum>
<text>
in paragraph (2), by striking
<quote>
directly
</quote>
and all that follows through the period and inserting
<quote>
directly responsible to the Administrator for the Administration for Community Living of the
Department of Health and Human Services.
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="idDE4AC821B0C149B3A70094DC4B438328">
<enum>
(3)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="id70A664D6F70E41838FFDBF3C2567F771">
<enum>
(A)
</enum>
<text>
in paragraph (2), by striking subparagraph (B) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idD19B1255528A4B208B72128F16DBDDF2" reported-display-style="italic" style="OLC">
<subparagraph id="IDac926eeb98174442baacb0896b9cb29c">
<enum>
(B)
</enum>
<text>
private organizations engaged in research relating to—
</text>
<clause id="id7B704AEC2D354FE285E5FF8D5DE1E9CB">
<enum>
(i)
</enum>
<text>
independent living;
</text>
</clause>
<clause id="idAB693B31A7A64F41BF9843F89B67AB78">
<enum>
(ii)
</enum>
<text>
rehabilitation; or
</text>
</clause>
<clause id="idB43A8B2E065B415DA9729F53F32E5D70">
<enum>
(iii)
</enum>
<text>
providing rehabilitation or independent living services;
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="id2C72BB0375614DAB945FB492C998DEE1">
<enum>
(B)
</enum>
<text>
in paragraph (3), by striking
<quote>
in rehabilitation
</quote>
and inserting
<quote>
on disability, independent living, and rehabilitation
</quote>
;
</text>
</subparagraph>
<subparagraph id="idAF43436AD0D843AB97D1F4AFA0A25B6F">
<enum>
(C)
</enum>
<text>
in paragraph (4)—
</text>
<clause id="id62BC72BFA06F4BE3B071F7732F9A58E4">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by inserting
<quote>
education, health and wellness,
</quote>
after
<quote>
independent living,
</quote>
; and
</text>
</clause>
<clause id="idD6189BDDB65541E5B673F3EDA41C59B9">
<enum>
(ii)
</enum>
<text>
by striking subparagraphs (A) through (D) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id0D64054F7EC649029B887A3AE993842A" reported-display-style="italic" style="OLC">
<subparagraph id="IDA66C9678110544E29212490B11FDFE8B">
<enum>
(A)
</enum>
<text>
public and private entities, including—
</text>
<clause id="IDBBF5A33274054A5D8ACA07A838830E1D">
<enum>
(i)
</enum>
<text>
elementary schools and secondary schools (as defined in section 9101 of the Elementary and
Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/7801">
20 U.S.C. 7801
</external-xref>
)); and
</text>
</clause>
<clause id="IDEF56E86B42274A6891E77E380C3E4ABD">
<enum>
(ii)
</enum>
<text>
institutions of higher education;
</text>
</clause>
</subparagraph>
<subparagraph id="ID1BD380885A9847B89A2EC6E167AF70F0">
<enum>
(B)
</enum>
<text>
rehabilitation practitioners;
</text>
</subparagraph>
<subparagraph id="id0039383A1F974F0B9EA3203D770FBFA8">
<enum>
(C)
</enum>
<text>
employers and organizations representing employers with respect to employment-based educational
materials or research;
</text>
</subparagraph>
<subparagraph id="IDFCAD33626F914BA997675BE7A6A08E92">
<enum>
(D)
</enum>
<text>
individuals with disabilities (especially such individuals who are members of minority groups or of
populations that are unserved or underserved by programs under this Act);
</text>
</subparagraph>
<subparagraph id="ID27C4426B3BE648B5A7A71F775EFBB220">
<enum>
(E)
</enum>
<text>
the individuals' representatives for the individuals described in subparagraph (D); and
</text>
</subparagraph>
<subparagraph id="idFCD95676EDD24D81AAF9995CDEA85847">
<enum>
(F)
</enum>
<text>
the Committee on Education and the Workforce of the House of Representatives, the Committee on
Appropriations of the House of Representatives, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee on
Appropriations of the Senate;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="idCC7F4C0E3BEB49CCA9EBE9822D18C093">
<enum>
(D)
</enum>
<text>
in paragraph (6)—
</text>
<clause id="id96F79091CB234BC8AC98E1F660029A07">
<enum>
(i)
</enum>
<text>
by striking
<quote>
advances in rehabilitation
</quote>
and inserting
<quote>
advances in disability, independent living, and rehabilitation
</quote>
; and
</text>
</clause>
<clause id="id357C4B729102430F997362BB1EFBFE6F">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
education, health and wellness,
</quote>
after
<quote>
employment, independent living,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="id5FF82CE272944DB3AA5BC5B7B6ADA480">
<enum>
(E)
</enum>
<text>
by striking paragraph (7);
</text>
</subparagraph>
<subparagraph id="id7FC74F6F5FB04B76B0C276B64DCBDF10">
<enum>
(F)
</enum>
<text>
by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively;
</text>
</subparagraph>
<subparagraph id="id30CC1142DFF1416A8949A6680898238C">
<enum>
(G)
</enum>
<text>
in paragraph (7), as redesignated by subparagraph (F)—
</text>
<clause id="idD156C7DF71C646DA8FF5BCE8AF69DB8E">
<enum>
(i)
</enum>
<text>
by striking
<quote>
health, income,
</quote>
and inserting
<quote>
health and wellness, income, education,
</quote>
; and
</text>
</clause>
<clause id="idCECD3B796DE04390885E3BA9515C1DEC">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
and evaluation of vocational and other
</quote>
and inserting
<quote>
and evaluation of independent living, vocational, and
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="idEC611C4E16684ED4AC66DDC6928FCE4C">
<enum>
(H)
</enum>
<text>
in paragraph (8), as redesignated by subparagraph (F), by striking
<quote>
with vocational rehabilitation services for the purpose of identifying effective rehabilitation
programs and policies that promote the independence of individuals with
disabilities and achievement of long-term vocational goals
</quote>
and inserting
<quote>
with independent living and vocational rehabilitation services for the purpose of identifying
effective independent living and rehabilitation programs and policies that
promote the independence of individuals with disabilities and achievement
of long-term independent living and employment goals
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idE16F3C6A13A749F6A3875B373A7D7BEB">
<enum>
(I)
</enum>
<text>
in paragraph (9), as redesignated by subparagraph (F), by striking
<quote>
and telecommuting; and
</quote>
and inserting
<quote>
, supported employment (including customized employment), and telecommuting; and
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="id00055CB5EA1E4A0E91E791A7559299B9">
<enum>
(4)
</enum>
<text>
in subsection (d)(1), by striking the second sentence and inserting the following:
<quote>
The Director shall be an individual with substantial knowledge of and experience in independent
living, rehabilitation, and research administration.
</quote>
;
</text>
</paragraph>
<paragraph id="idBC0F51BDD1FD4A21A5110055872C0FBE">
<enum>
(5)
</enum>
<text>
in subsection (f)(1), by striking the second sentence and inserting the following:
<quote>
The scientific peer review shall be conducted by individuals who are not Department of Health and
Human Services employees. The Secretary shall consider for peer review
individuals who are scientists or other experts in disability, independent
living, and rehabilitation, including individuals with disabilities and
the individuals’ representatives, and who have sufficient expertise to
review the projects.
</quote>
;
</text>
</paragraph>
<paragraph id="id9DAE67D581D640C5BD3E361849A8D43C">
<enum>
(6)
</enum>
<text>
in subsection (h)—
</text>
<subparagraph id="id90ED8A62016544D6A82C0DF9544F5A2D">
<enum>
(A)
</enum>
<text>
in paragraph (1)(A)—
</text>
<clause id="id7E2889FB7FBE483CA89D80C050CB8433">
<enum>
(i)
</enum>
<text>
by striking
<quote>
priorities for rehabilitation research,
</quote>
and inserting
<quote>
priorities for disability, independent living, and rehabilitation research,
</quote>
; and
</text>
</clause>
<clause id="id2B69BF7C64F44469ACC1A57BD9C61A7E">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
dissemination,
</quote>
after
<quote>
training,
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="idBE389CE71C2C4C01807868A42CD6DDA8">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="idF10FE7E09CF84417BDA54824BD860FED">
<enum>
(i)
</enum>
<text>
in subparagraph (A), by striking
<quote>
especially in the area of employment
</quote>
and inserting
<quote>
especially in the areas of employment and independent living
</quote>
;
</text>
</clause>
<clause id="id643D72F0E882411B9AAE4366C4C2089C">
<enum>
(ii)
</enum>
<text>
in subparagraph (D)—
</text>
<subclause id="id499499547DBD48D29AFAA1EE3EE94C75">
<enum>
(I)
</enum>
<text>
by striking
<quote>
developed by the Director
</quote>
and inserting
<quote>
coordinated with the strategic plan required under section 203(c)
</quote>
;
</text>
</subclause>
<subclause id="idEFDCCE649CF44D87977736017731954B">
<enum>
(II)
</enum>
<text>
in clause (i), by striking
<quote>
Rehabilitation
</quote>
and inserting
<quote>
Disability, Independent Living, and Rehabilitation
</quote>
;
</text>
</subclause>
<subclause id="id2A454FAD3FCE4F989ACF8CA9232F3AA7">
<enum>
(III)
</enum>
<text>
in clause (ii), by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
Administrator
</quote>
; and
</text>
</subclause>
<subclause id="idA1C641B6F5184ECBA99572542E5B11BD">
<enum>
(IV)
</enum>
<text>
in clause (iv), by striking
<quote>
researchers in the rehabilitation field
</quote>
and inserting
<quote>
researchers in the independent living and rehabilitation fields
</quote>
;
</text>
</subclause>
</clause>
<clause id="id3F4D33CE54E044C089C848B9773435C7">
<enum>
(iii)
</enum>
<text>
by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;
</text>
</clause>
<clause id="idD648D16DFB3C418A8FD6659F946E413C">
<enum>
(iv)
</enum>
<text>
by inserting after subparagraph (D) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idD4119E2607B04F86A66B6FEA3BF2623E" reported-display-style="italic" style="OLC">
<subparagraph id="id2575791A2649445782FE9DE75C188BC6" indent="up1">
<enum>
(E)
</enum>
<text>
be developed by the Director;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="idD1A7AF2AA361431F8D560C431152F942">
<enum>
(v)
</enum>
<text>
in subparagraph (F), as redesignated by clause (iii), by inserting
<quote>
and information that clarifies implications of the results for practice,
</quote>
after
<quote>
covered activities,
</quote>
; and
</text>
</clause>
<clause id="id51FB6AF2FB1F41B8AE3C350EB62314A7">
<enum>
(vi)
</enum>
<text>
in subparagraph (G), as redesignated by clause (iii), by inserting
<quote>
and information that clarifies implications of the results for practice
</quote>
after
<quote>
covered activities
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id16D674A899CB43D5A14872BF5CFBDAC3">
<enum>
(7)
</enum>
<text>
in subsection (j), by striking paragraph (3); and
</text>
</paragraph>
<paragraph id="idA31D191D3833489FB8B647CA0909179F">
<enum>
(8)
</enum>
<text>
by striking subsection (k) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id494763E46F9C47FB8CDC82EA28CACC00" reported-display-style="italic" style="OLC">
<subsection id="IDd43da86488c4437d8ee01690a586620f">
<enum>
(k)
</enum>
<text>
The Director shall make grants to institutions of higher education for the training of independent
living and rehabilitation researchers, including individuals with
disabilities and traditionally underserved populations of individuals with
disabilities, as described in section 21, with particular attention to
research areas that—
</text>
<paragraph id="id2F7FD81FE64C4E329B85924B61B759CF">
<enum>
(1)
</enum>
<text>
support the implementation and objectives of this Act; and
</text>
</paragraph>
<paragraph id="idFE77A4E523B14199946B9517E49FD088">
<enum>
(2)
</enum>
<text>
improve the effectiveness of services authorized under this Act.
</text>
</paragraph>
</subsection>
<subsection id="IDe07ec83e77e145a5abb3f08b4b6c5ec4">
<enum>
(l)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="id2F1E44AC2A7D481792A7A65BCB40F91D">
<enum>
(1)
</enum>
<text>
Not later than December 31 of each year, the Director shall prepare, and submit to the Secretary,
the Committee on Health, Education, Labor, and Pensions of the Senate, and
the Committee on Education and the Workforce of the House of
Representatives, a report on the activities funded under this title.
</text>
</paragraph>
<paragraph changed="added" id="id73A9ED7037DC42DCB4B8E6274E0A7200" indent="up1" reported-display-style="italic">
<enum>
(2)
</enum>
<text>
The report under paragraph (1) shall include—
</text>
<subparagraph id="idAF458645D90C4898848210C4CCE24489">
<enum>
(A)
</enum>
<text>
a compilation and summary of the information provided by recipients of funding for such activities
under this title;
</text>
</subparagraph>
<subparagraph id="idE4CCBD3392D54FCC9457C6BF2A30D607">
<enum>
(B)
</enum>
<text>
a summary describing the funding received under this title and the progress of the recipients of
the funding in achieving the measurable goals described in section
204(d)(2); and
</text>
</subparagraph>
<subparagraph id="idB7831EC8E7EC4D8489CAADE2B5CFD924">
<enum>
(C)
</enum>
<text>
a summary of implications of research outcomes on practice.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="IDededaa96b31946b5b3ca7c87ee56da08">
<enum>
(m)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="id7241A651BCD24FD597E7C45F7D800448">
<enum>
(1)
</enum>
<text>
If the Director determines that an entity that receives funding under this title fails to comply
with the applicable requirements of this Act, or to make progress toward
achieving the measurable goals described in section 204(d)(2), with
respect to the covered activities involved, the Director shall utilize
available monitoring and enforcement measures.
</text>
</paragraph>
<paragraph changed="added" id="id4BC92DDA687A41F8911D291A8204E0C9" indent="up1" reported-display-style="italic">
<enum>
(2)
</enum>
<text>
As part of the annual report required under subsection (l), the Secretary shall describe each
action taken by the Secretary under paragraph (1) and the outcomes of such
action.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="id51EB02B4283C48F6A1B9ED9937BEC6EA">
<enum>
434.
</enum>
<header>
Interagency committee
</header>
<text display-inline="no-display-inline">
Section 203 (
<external-xref legal-doc="usc" parsable-cite="usc/29/763">
29 U.S.C. 763
</external-xref>
) is amended—
</text>
<paragraph id="id25FCED60F34C4A6092AAA6BC4E0AB2AD">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="id3EDC58912BB34E3698F7F9830CB87DE8">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="idCA84E1A022CC4FF7A7C66D8BB95FAA09">
<enum>
(i)
</enum>
<text>
by striking
<quote>
conducting rehabilitation research
</quote>
and inserting
<quote>
conducting disability, independent living, and rehabilitation research
</quote>
;
</text>
</clause>
<clause id="idEEBD1611C32F4007A67DC2453275030D">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
chaired by the Director
</quote>
and inserting
<quote>
chaired by the Secretary, or the Secretary's designee,
</quote>
;
</text>
</clause>
<clause id="id7415C7AE5C454A82BB6D54ABF1D0F4BB">
<enum>
(iii)
</enum>
<text>
by inserting
<quote>
the Assistant Secretary of Labor for Disability Employment Policy, the Secretary of Defense, the
Administrator of the Administration for Community Living,
</quote>
after
<quote>
Assistant Secretary for Special Education and Rehabilitative Services,
</quote>
; and
</text>
</clause>
<clause id="id5D847B50660A4A688D3BCB8B2101B2B2">
<enum>
(iv)
</enum>
<text>
by striking
<quote>
and the Director of the National Science Foundation.
</quote>
and inserting
<quote>
the Director of the National Science Foundation and the Administrator of the Small Business
Administration.
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="idE70D47384E7B48D9ADA67A7F2558A3B9">
<enum>
(B)
</enum>
<text>
in paragraph (2), by inserting
<quote>
, and for not less than 1 of such meetings at least every 2 years, the Committee shall invite
policymakers, representatives from other Federal agencies conducting
relevant research, individuals with disabilities, organizations
representing individuals with disabilities, researchers, and providers, to
offer input on the Committee’s work, including the development and
implementation of the strategic plan required under subsection (c)
</quote>
after
<quote>
each year
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="idF8E5BD1831C24DA88C4C32B3C8B92F70">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="id7F52F0391CB4486AA19AC944D2103133">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="id742B48E043054D9EA0FCAEF30D317991">
<enum>
(i)
</enum>
<text>
by striking
<quote>
from targeted individuals
</quote>
and inserting
<quote>
individuals with disabilities
</quote>
; and
</text>
</clause>
<clause id="id8F0E1F25A92E4C31A60DFC525F7C5295">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
independent living and
</quote>
before
<quote>
rehabilitation
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="id015C27E6F420428499A2779117940D87">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="idA339F022732B4061A9967E3FA89EEBA0">
<enum>
(i)
</enum>
<text>
in subparagraph (A), by inserting
<quote>
independent living research,
</quote>
after
<quote>
assistive technology research,
</quote>
;
</text>
</clause>
<clause id="idB8883812CD28469CA59B8303AA71F8FD">
<enum>
(ii)
</enum>
<text>
in subparagraph (B), by inserting
<quote>
, independent living research,
</quote>
after
<quote>
technology research
</quote>
;
</text>
</clause>
<clause id="id576C7567CFAC4C49B22F713060FCF920">
<enum>
(iii)
</enum>
<text>
in subparagraph (D), by striking
<quote>
and research that incorporates the principles of universal design
</quote>
and inserting
<quote>
, independent living research, and research that incorporates the principles of universal design
</quote>
; and
</text>
</clause>
<clause id="id6D669E9ACCE54562A89D91BD4721DFDD">
<enum>
(iv)
</enum>
<text>
in subparagraph (E), by striking
<quote>
and research that incorporates the principles of universal design.
</quote>
and inserting
<quote>
, independent living research, and research that incorporates the principles of universal design.
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id1973A42AD8EA4B09A091D3842BE6D1AB">
<enum>
(3)
</enum>
<text>
by striking subsection (d);
</text>
</paragraph>
<paragraph id="id4797E9459273490FA5FDF046D1687A8C">
<enum>
(4)
</enum>
<text>
by redesignating subsection (c) as subsection (d);
</text>
</paragraph>
<paragraph id="idC3220572161E46A88537D27DF7B0E627">
<enum>
(5)
</enum>
<text>
by inserting after subsection (b) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idDBB4F6E8C400432CAD2472ED76D4AF02" reported-display-style="italic" style="OLC">
<subsection id="ID4783ec04cb434530abb2fa17e3cc1f7b">
<enum>
(c)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="id865FFBB5639B44ACAA49FD8EC840A35F">
<enum>
(1)
</enum>
<text>
The Committee shall develop a comprehensive government wide strategic plan for disability,
independent living, and rehabilitation research.
</text>
</paragraph>
<paragraph changed="added" id="id679C9F4235EA4AA0A9788FD470948CA2" indent="up1" reported-display-style="italic">
<enum>
(2)
</enum>
<text>
The strategic plan shall include, at a minimum—
</text>
<subparagraph id="idec1481d26f7c45b3838c5e6b903172a5">
<enum>
(A)
</enum>
<text>
a description of the—
</text>
<clause id="id85bbd7105ec64eaaaaf6c0b4bdae064b">
<enum>
(i)
</enum>
<text>
measurable goals and objectives;
</text>
</clause>
<clause id="id038ef802b2b647819c552b33a30adbde">
<enum>
(ii)
</enum>
<text>
existing resources each agency will devote to carrying out the plan;
</text>
</clause>
<clause id="idaab90d94eb1b40c3998773244c823c94">
<enum>
(iii)
</enum>
<text>
timetables for completing the projects outlined in the plan; and
</text>
</clause>
<clause id="id87c96612c38040678a98663bc07a9a9b">
<enum>
(iv)
</enum>
<text>
assignment of responsible individuals and agencies for carrying out the research activities;
</text>
</clause>
</subparagraph>
<subparagraph id="id7d95bfd969c54e048dd9bf012e45325c">
<enum>
(B)
</enum>
<text>
research priorities and recommendations;
</text>
</subparagraph>
<subparagraph id="id7d3e2049465d4971abd86e5a130d4fd7">
<enum>
(C)
</enum>
<text>
a description of how funds from each agency will be combined, as appropriate, for projects
administered among Federal agencies, and how such funds will be
administered;
</text>
</subparagraph>
<subparagraph id="id525d30142ca143bf9bb87ff8a5b15294">
<enum>
(D)
</enum>
<text>
the development and ongoing maintenance of a searchable government wide inventory of disability,
independent living, and rehabilitation research for trend and data
analysis across Federal agencies;
</text>
</subparagraph>
<subparagraph id="idc7e1ce378ad54889bbbdcdd47ece2bdf">
<enum>
(E)
</enum>
<text>
guiding principles, policies, and procedures, consistent with the best research practices
available, for conducting and administering disability, independent
living, and rehabilitation research across Federal agencies; and
</text>
</subparagraph>
<subparagraph id="id15730dec5c1c4bc1bbabc057046878a1">
<enum>
(F)
</enum>
<text>
a summary of underemphasized and duplicative areas of research.
</text>
</subparagraph>
</paragraph>
<paragraph changed="added" id="iddfdc3cf24ac04935838ba01c3b96e99a" indent="up1" reported-display-style="italic">
<enum>
(3)
</enum>
<text>
The strategic plan described in this subsection shall be submitted to the President and the
Committee on Health, Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House of Representatives.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="id1EBCCC3E856C4D8B994CA519FB23A5CE">
<enum>
(6)
</enum>
<text>
in subsection (d), as redesignated by paragraph (4)—
</text>
<subparagraph id="id9E8AF7091C0C407CB1044FA8367E5474">
<enum>
(A)
</enum>
<text>
in the matter preceding paragraph (1), by striking
<quote>
Committee on Labor and Human Resources of the Senate
</quote>
and inserting
<quote>
Committee on Health, Education, Labor, and Pensions of the Senate
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idEBEEF2840CE34ECBAA771DEEB37D4F78">
<enum>
(B)
</enum>
<text>
by striking paragraph (1) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id169D369C16064280B5ECC12F1644C792" reported-display-style="italic" style="OLC">
<paragraph id="IDa4790fa5df7d4137990b4ac3f01bfeba">
<enum>
(1)
</enum>
<text>
describes the progress of the Committee in fulfilling the duties described in subsections (b) and
(c), and including specifically for subsection (c)—
</text>
<subparagraph id="IDc199f1a75df745d6a03373a63f0ed2fe">
<enum>
(A)
</enum>
<text>
a report of the progress made in implementing the strategic plan, including progress toward
implementing the elements described in subsection (c)(2)(A); and
</text>
</subparagraph>
<subparagraph id="IDf58cfe4458da42c18643708342259dbb">
<enum>
(B)
</enum>
<text>
detailed budget information.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="id9D4DE3E79BF54550B364281AE6DE6F2E">
<enum>
(7)
</enum>
<text>
in subsection (e), by striking paragraph (2) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id6541C581BCE64DEF9AD386FA33D36AD1" reported-display-style="italic" style="OLC">
<paragraph commented="no" id="ID8b6dd4d34746466da675a42c39e00a8c">
<enum>
(2)
</enum>
<text>
the term
<quote>
independent living
</quote>
, used in connection with research, means research on issues and topics related to attaining
maximum self-sufficiency and function by individuals with disabilities,
including research on assistive technology and universal design,
employment, education, health and wellness, and community integration and
participation.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="id2CDBC3FA4758416981A0F42F6917EFDB">
<enum>
435.
</enum>
<header>
Research and other covered activities
</header>
<text display-inline="no-display-inline">
Section 204 (
<external-xref legal-doc="usc" parsable-cite="usc/29/764">
29 U.S.C. 764
</external-xref>
) is amended—
</text>
<paragraph id="id03C368D9CB26432B8347CB94640EE2B8">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (a)—
</text>
<subparagraph id="idBA28E8DF625443479CE29CE8E5ED23B1">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="id0373EEC590EF4A7593974AF0BA764AF8">
<enum>
(i)
</enum>
<text>
by striking
<quote>
pay
</quote>
and inserting
<quote>
fund
</quote>
;
</text>
</clause>
<clause id="id2C97043DA40048CBAB40AD2C3E97713B">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
have practical applications and
</quote>
before
<quote>
maximize
</quote>
; and
</text>
</clause>
<clause id="id7D126D56B57D4EAA8959B84078A52274">
<enum>
(iii)
</enum>
<text>
by striking
<quote>
employment, independent living,
</quote>
and inserting
<quote>
employment, education, independent living, health and wellness,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="id6ECC3C92C04947F5A8AD073D1D854F8A">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="id870DAF0EB89F4E2BB5803EEB9A7B0DEE">
<enum>
(i)
</enum>
<text>
in subparagraph (A), by inserting
<quote>
and from which the research findings, conclusions, or recommendations can be transferred to
practice
</quote>
after
<quote>
State agencies
</quote>
;
</text>
</clause>
<clause id="id2467FF4724C64D80BD85B6F2445687BD">
<enum>
(ii)
</enum>
<text>
in subparagraph (B)—
</text>
<subclause id="id9A1DB60F5B1947E683C5597E78A1D6C8">
<enum>
(I)
</enum>
<text>
by striking clause (ii) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id84CAE8783A4640E181EC6D2533E383FD" reported-display-style="italic" style="OLC">
<clause id="ID6fd69be8254649d7aeea516115aaea39" indent="up2">
<enum>
(ii)
</enum>
<text>
studies and analyses of factors related to industrial, vocational, educational, employment, social,
recreational, psychiatric, psychological, economic, and health and
wellness variables affecting individuals with disabilities, including
traditionally
underserved populations as described in section 21, and how those
variables affect such individuals' ability to live independently and their
participation in the work force;
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="id961680491F124D72BCF55D94262E987A">
<enum>
(II)
</enum>
<text>
in clause (iii), by striking
<quote>
are homebound
</quote>
and all that follows and inserting
<quote>
have significant challenges engaging in community life outside their homes and individuals who are
in institutional settings;
</quote>
;
</text>
</subclause>
<subclause id="idB93C27C7B402405A814CBD640F7E4175">
<enum>
(III)
</enum>
<text>
in clause (iv), by inserting
<quote>
, including the principles of universal design and the interoperability of products and services
</quote>
after
<quote>
disabilities
</quote>
;
</text>
</subclause>
<subclause id="idD13B9DE5099C4169A267B0EF99F4FF04">
<enum>
(IV)
</enum>
<text>
in clause (v), by inserting
<quote>
, and to promoting employment opportunities in competitive integrated employment
</quote>
after
<quote>
employment
</quote>
;
</text>
</subclause>
<subclause id="id65A927237C0742E6958800E7A31FEF1F">
<enum>
(V)
</enum>
<text>
in clause (vi), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subclause>
<subclause id="id0F93D771897F4DD296EEEDDFD9067B8A">
<enum>
(VI)
</enum>
<text>
in clause (vii), by striking
<quote>
and assistive technology.
</quote>
and inserting
<quote>
, assistive technology, and communications technology; and
</quote>
; and
</text>
</subclause>
<subclause id="idF4517BD3EB5C4F1AB0624991526FD65D">
<enum>
(VII)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idAE1F076CF1F943248080B88A0063D7FF" reported-display-style="italic" style="OLC">
<clause id="ID8e20e0b85f5840b2830867acdffb775f" indent="up2">
<enum>
(viii)
</enum>
<text>
studies, analyses, and other activities affecting employment outcomes as defined in section 7(11),
including self-employment and telecommuting, of individuals with
disabilities.
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
<subparagraph id="id71695A84820E4AF98AD26981E8764EB2">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id58F16789FD0349CA9CC828C00E288AEC" reported-display-style="italic" style="OLC">
<paragraph id="IDbc065d522dd94f7ab015fa17a2f048c9" indent="up1">
<enum>
(3)
</enum>
<text>
In carrying out this section, the Director shall emphasize covered activities that include plans
for—
</text>
<subparagraph id="IDc74546bc8b744100a7baa6ad20c6d63e">
<enum>
(A)
</enum>
<text>
dissemination of high-quality materials, of scientifically valid research results, or of findings,
conclusions, and recommendations resulting from covered activities,
including through electronic means (such as the website of the Department
of Health and Human Services), so that such information is available in a
timely manner to the general public; or
</text>
</subparagraph>
<subparagraph id="ID8a1b60bb70444899bb942afa6359c642">
<enum>
(B)
</enum>
<text>
the commercialization of marketable products, research results, or findings, resulting from the
covered activities.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="idEFD4A8DDF4AF441B8AA67E0F47193387">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="id8432885AB831462A88DDA1358B3E5D1C">
<enum>
(A)
</enum>
<text>
in paragraph (1), by striking
<quote>
(18)
</quote>
both places the term appears and inserting
<quote>
(17)
</quote>
;
</text>
</subparagraph>
<subparagraph id="id1B071B4138B34E9AAB4E6BD61B66FBAC">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="idF9C20143D0C84BC08E66B2F63991973D">
<enum>
(i)
</enum>
<text>
in subparagraph (A), by striking clauses (i) and (ii) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id3F96B316CA4E4B28AA0F7D16AEDA8D0B" reported-display-style="italic" style="OLC">
<clause id="ID694b271ba5dd4849a1436fadeee66b9f" indent="up2">
<enum>
(i)
</enum>
<text>
be operated in collaboration with institutions of higher education, providers of rehabilitation
services, developers or providers of assistive technology devices,
assistive technology services, or information technology devices or
services, as appropriate, or providers of other appropriate services; and
</text>
</clause>
<clause id="IDc2972720cff84e6b867721aae4d828bf" indent="up2">
<enum>
(ii)
</enum>
<text>
serve as centers of national excellence and national or regional resources for individuals with
disabilities, as well as providers, educators, and researchers.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="id10D281FCF85A41759082DB08707BC00B">
<enum>
(ii)
</enum>
<text>
in subparagraph (B)—
</text>
<subclause id="id95916E2990CD4F0685C28C598D558B13">
<enum>
(I)
</enum>
<text>
in clause (i)—
</text>
<item id="id03d275eb2d384e38b4f0f90885eb0482">
<enum>
(aa)
</enum>
<text>
by adding
<quote>
independent living and
</quote>
after
<quote>
research in
</quote>
;
</text>
</item>
<item id="idEA17701379284684B2392C48C38947D7">
<enum>
(bb)
</enum>
<text>
by adding
<quote>
independent living and
</quote>
after
<quote>
will improve
</quote>
; and
</text>
</item>
<item id="idcaeb328d90884d4e9f119da861036831">
<enum>
(cc)
</enum>
<text>
by striking
<quote>
alleviate or stabilize
</quote>
and all that follows and inserting
<quote>
maximize health and function (including alleviating or stabilizing conditions, or preventing
secondary conditions), and promote maximum social and economic
independence of individuals with disabilities, including promoting the
ability of the individuals to prepare for, secure, retain, regain, or
advance in employment;
</quote>
;
</text>
</item>
</subclause>
<subclause id="idECD3C9C4CB9E4CA4B0DF3F93FD988485">
<enum>
(II)
</enum>
<text>
by redesignating clauses (ii), (iii), and (iv), as clauses (iii), (iv), and (v), respectively;
</text>
</subclause>
<subclause id="id9D6725B14D3A4A47B23CEFE930A5BFF6">
<enum>
(III)
</enum>
<text>
by inserting after clause (i) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id28591044100E4662B8BC9A05BB054B7B" reported-display-style="italic" style="OLC">
<clause id="id5F9523D7EF2F464E85982797306F8149" indent="up2">
<enum>
(ii)
</enum>
<text>
conducting research in, and dissemination of, employer-based practices to facilitate the
identification, recruitment, accommodation, advancement, and retention of
qualified individuals with disabilities;
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="id7D725D82400A4A1F8F621217FFCACC5D">
<enum>
(IV)
</enum>
<text>
in clause (iii), as redesignated by subclause (II), by inserting
<quote>
independent living and
</quote>
before
<quote>
rehabilitation services
</quote>
;
</text>
</subclause>
<subclause id="id1831BD8C51A14A9FBCD00C71B12D2526">
<enum>
(V)
</enum>
<text>
in clause (iv), as redesignated by subclause (II)—
</text>
<item id="id1AE79E7771D041CCAA108B1D338C7FDF">
<enum>
(aa)
</enum>
<text>
by inserting
<quote>
independent living and
</quote>
before
<quote>
rehabilitation
</quote>
each place the term appears; and
</text>
</item>
<item id="id10B647DA7806461F9ABC2A98AF13527E">
<enum>
(bb)
</enum>
<text>
by striking
<quote>
and
</quote>
after the semicolon; and
</text>
</item>
</subclause>
<subclause id="id2A028E80C0DD433E813FDDF3CCB30AA3">
<enum>
(VI)
</enum>
<text>
by striking clause (v), as redesignated by subclause (II), and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id2FDD077647BE4397AA166C0B75DAA87C" reported-display-style="italic" style="OLC">
<clause id="ID553309a627f44f24bdbf97c0ca23cd33" indent="up2">
<enum>
(v)
</enum>
<text>
serving as an informational and technical assistance resource to individuals with disabilities, as
well as to providers, educators, and researchers, by providing outreach
and information that clarifies research implications for practice and
identifies potential new areas of research; and
</text>
</clause>
<clause id="ID6f14c6a0e5384ed8971792645a78adbf" indent="up2">
<enum>
(vi)
</enum>
<text>
developing practical applications for the research findings of the Centers.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="id90EF6360F3054C81BF84B83AE91B154C">
<enum>
(iii)
</enum>
<text>
in subparagraph (C)—
</text>
<subclause id="id98C44B1C36474FE7B0827FC8074D8AB1">
<enum>
(I)
</enum>
<text>
in clause (i), by inserting
<quote>
, including research on assistive technology devices, assistive technology services, and accessible
electronic and information technology devices
</quote>
after
<quote>
research
</quote>
;
</text>
</subclause>
<subclause id="idE031317E4F4642A3986D072A738A8DEC">
<enum>
(II)
</enum>
<text>
in clause (ii)—
</text>
<item id="idB3E93CA7CEDD444995B6FE2C53653970">
<enum>
(aa)
</enum>
<text>
by striking
<quote>
and social
</quote>
and inserting
<quote>
, social, and economic
</quote>
; and
</text>
</item>
<item id="id8FB6FF157A1C45B69AD334E650AA7E4A">
<enum>
(bb)
</enum>
<text>
by inserting
<quote>
independent living and
</quote>
before
<quote>
rehabilitation
</quote>
; and
</text>
</item>
</subclause>
<subclause id="idA91429F2E6664AEBB9E6695D766BA45A">
<enum>
(III)
</enum>
<text>
by striking clauses (iii) and (iv);
</text>
</subclause>
<subclause id="id1E01D302F9104967A2A0AAB373EB1D4C">
<enum>
(IV)
</enum>
<text>
by redesignating clauses (v) and (vi) as clauses (iii) and (iv), respectively;
</text>
</subclause>
<subclause id="idF3662EECEE394C9E91FC9268AB3DEAE2">
<enum>
(V)
</enum>
<text>
in clause (iii), as redesignated by subclause (IV), by striking
<quote>
to develop
</quote>
and all that follows and inserting
<quote>
that promotes the emotional, social, educational, and functional growth of
children who are individuals with disabilities, as well as their
integration in school, employment, and community activities;
</quote>
;
</text>
</subclause>
<subclause id="id2795FEBC7C6E4698B00240E2C081AFA6">
<enum>
(VI)
</enum>
<text>
in clause (iv), as redesignated by subclause (IV), by striking
<quote>
that will improve
</quote>
and all that follows and inserting
<quote>
to develop and evaluate interventions, policies, and services that support
families of those children and adults who are individuals with
disabilities;
</quote>
; and
</text>
</subclause>
<subclause id="id5C7BD0F88D2D4E3BB69AB0E8B4708C86">
<enum>
(VII)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id7330303FDDDC40208542A7FBF2303FF8" reported-display-style="italic" style="OLC">
<clause id="ID2ad373c0834a403abf476e341d602c8e" indent="up2">
<enum>
(v)
</enum>
<text>
continuation of research that will improve services and policies that foster the independence and
social integration of individuals with disabilities, and enable
individuals with disabilities, including individuals with intellectual
disabilities and other developmental disabilities, to live in their
communities; and
</text>
</clause>
<clause id="ID902b7b5bd336426fa2a4658dd5c42994" indent="up2">
<enum>
(vi)
</enum>
<text>
research, dissemination, and technical assistance, on best practices in vocational rehabilitation,
including supported employment and
other strategies to promote competitive integrated employment for persons
with the most significant disabilities.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="idD26FD6EEEFE04AE3BD042A4A67A41374">
<enum>
(iv)
</enum>
<text>
by striking subparagraph (D) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id50E82E8770C04DE8AB9CA36569FC7874" reported-display-style="italic" style="OLC">
<subparagraph id="IDb953be2015a74acbbb2286e3bb4a0a7f" indent="up2">
<enum>
(D)
</enum>
<text>
Training of students preparing to be independent living or rehabilitation personnel or to provide
independent living, rehabilitative, assistive, or supportive services
(such as rehabilitation counseling, personal care services, direct care,
job coaching, aides in school based settings, or advice or assistance in
utilizing assistive technology devices, assistive technology services, and
accessible electronic and information technology devices and services)
shall be an important priority for each such Center.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="id3AAFB516BF5E41A88B381C50F4B0C69D">
<enum>
(v)
</enum>
<text>
in subparagraph (E), by striking
<quote>
comprehensive
</quote>
;
</text>
</clause>
<clause id="id515F91C90F394F44ACC6F53356DE64E1">
<enum>
(vi)
</enum>
<text>
in subparagraph (G)(i), by inserting
<quote>
independent living and
</quote>
before
<quote>
rehabilitation-related
</quote>
;
</text>
</clause>
<clause id="id620168D6001840BFA990A3534E2778F9">
<enum>
(vii)
</enum>
<text>
by striking subparagraph (I); and
</text>
</clause>
<clause id="id1F6292A3E9DE455CA58858BB1764E7E8">
<enum>
(viii)
</enum>
<text>
by redesignating subparagraphs (J) through (O) as subparagraphs (I) through (N), respectively;
</text>
</clause>
</subparagraph>
<subparagraph id="idBF726881702B4843A9063605D352DB3F">
<enum>
(C)
</enum>
<text>
in paragraph (3)—
</text>
<clause id="id292816C640804780807996A4525DF5A1">
<enum>
(i)
</enum>
<text>
in subparagraph (A), by inserting
<quote>
independent living strategies and
</quote>
before
<quote>
rehabilitation technology
</quote>
;
</text>
</clause>
<clause id="id21EF166C615C477C9A8F232B61F69E06">
<enum>
(ii)
</enum>
<text>
in subparagraph (B)—
</text>
<subclause id="idD06985925B0546E88866C25189AEC3D5">
<enum>
(I)
</enum>
<text>
in clause (i)(I), by inserting
<quote>
independent living and
</quote>
before
<quote>
rehabilitation problems
</quote>
;
</text>
</subclause>
<subclause id="id7E34E95843754DC7B35A37C4A93EC78A">
<enum>
(II)
</enum>
<text>
in clause (ii)(II), by striking
<quote>
employment
</quote>
and inserting
<quote>
educational, employment,
</quote>
; and
</text>
</subclause>
<subclause id="idCC4BFB4BF18B4560817A68C602C11622">
<enum>
(III)
</enum>
<text>
in clause (iii)(II), by striking
<quote>
employment
</quote>
and inserting
<quote>
educational, employment,
</quote>
;
</text>
</subclause>
</clause>
<clause id="idC47415AA8EEB4538ADFB4FAC83E00C5F">
<enum>
(iii)
</enum>
<text>
in subparagraph (D)(i)(II), by striking
<quote>
postschool
</quote>
and inserting
<quote>
postsecondary education, competitive integrated employment, and other age-appropriate
</quote>
; and
</text>
</clause>
<clause id="idAFE088E77691478FA81F49ECA1377AE8">
<enum>
(iv)
</enum>
<text>
in subparagraph (G)(ii), by inserting
<quote>
the impact of any commercialized product researched or developed through the Center,
</quote>
after
<quote>
individuals with disabilities,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="idCB90917BC4E846D4891380DDC536DEC9">
<enum>
(D)
</enum>
<text>
in paragraph (4)(B)—
</text>
<clause id="idDC51797839744072819ACEBC3E89EF0A">
<enum>
(i)
</enum>
<text>
in clause (i)—
</text>
<subclause id="id18F226F151A84C37B649AEC8DA4E791F">
<enum>
(I)
</enum>
<text>
by striking
<quote>
vocational
</quote>
and inserting
<quote>
independent living, employment,
</quote>
;
</text>
</subclause>
<subclause id="id14BC7486F46B4EF08DD5BCE0B41AC6ED">
<enum>
(II)
</enum>
<text>
by striking
<quote>
special
</quote>
and inserting
<quote>
unique
</quote>
; and
</text>
</subclause>
<subclause id="idFF4DE8738A054026A1D2A6E122CBC771">
<enum>
(III)
</enum>
<text>
by inserting
<quote>
social and functional needs, and
</quote>
before
<quote>
acute care
</quote>
; and
</text>
</subclause>
</clause>
<clause id="idEB3FEA2ED5314150BD3982BF80EF1727">
<enum>
(ii)
</enum>
<text>
in clause (iv), by inserting
<quote>
education, health and wellness,
</quote>
after
<quote>
employment,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="idCD1279E1E1EF4486951182F710826A34">
<enum>
(E)
</enum>
<text>
by striking paragraph (8) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id7B81F3245EE04B029297E98B3FE19D90" reported-display-style="italic" style="OLC">
<paragraph id="IDbe39991816d344b9970ea20a497074c6" indent="up1">
<enum>
(8)
</enum>
<text>
Grants may be used to conduct a program of joint projects with other administrations and offices of
the Department of Health and Human Services, the National Science
Foundation, the Department of Veterans Affairs, the Department of Defense,
the Federal Communications Commission, the National Aeronautics and Space
Administration, the Small Business Administration, the Department of
Labor, other Federal agencies, and private industry in areas of joint
interest involving rehabilitation.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="idDE4C6C3545C441508BA8D934689CF5A5">
<enum>
(F)
</enum>
<text>
by striking paragraphs (9) and (11);
</text>
</subparagraph>
<subparagraph id="idD64C788607924FC6A791DFBE98A9CFE4">
<enum>
(G)
</enum>
<text>
by redesignating paragraphs (10), (12), (13), (14), (15), (16), (17), and (18), as paragraphs (9),
(10), (11), (12), (13), (14), (15), and (16), respectively;
</text>
</subparagraph>
<subparagraph id="id9B5352CC5BC24F70B286F4A0FD1C0EED">
<enum>
(H)
</enum>
<text>
in paragraph (11), as redesignated by subparagraph (G)—
</text>
<clause commented="no" id="idD29936A5AEBB4259B15A42D47095D005">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
employment needs of individuals with disabilities, including
</quote>
and inserting
<quote>
employment needs, opportunities, and outcomes (including those relating to self-employment,
supported employment, and telecommuting) of individuals with disabilities,
including
</quote>
;
</text>
</clause>
<clause id="id26758908E6A5480ABF25B1F591CC0540">
<enum>
(ii)
</enum>
<text>
in subparagraph (B), by inserting
<quote>
and employment related
</quote>
after
<quote>
the employment
</quote>
;
</text>
</clause>
<clause id="idE505F8068F0D44059C0C109FAE4074A7">
<enum>
(iii)
</enum>
<text>
in subparagraph (E), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</clause>
<clause id="id4319E638D0B0475BA4257CD3F8A86181">
<enum>
(iv)
</enum>
<text>
in subparagraph (F), by striking the period at the end and inserting a semicolon; and
</text>
</clause>
<clause id="idADDF441BE0C24AA0A461B53D66CE1F12">
<enum>
(v)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idDB0C022998DC4DA498F8FE9BAF5791E7" reported-display-style="italic" style="OLC">
<subparagraph id="IDd1c731397379469bab80cc6d1c064fe9" indent="up1">
<enum>
(G)
</enum>
<text>
develop models to facilitate the successful transition of individuals with disabilities from
nonintegrated employment and employment that is compensated at a wage less
than the Federal minimum wage to competitive integrated employment;
</text>
</subparagraph>
<subparagraph id="idC5F9EA470C7C49F387994E14CA34BA1A" indent="up1">
<enum>
(H)
</enum>
<text>
develop models to maximize opportunities for integrated community living, including employment and
independent living, for individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="idE2B2E9A2637A4D1FBAD9943C6160FB9C" indent="up1">
<enum>
(I)
</enum>
<text>
provide training and continuing education for personnel involved with community living for
individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="id2ED090B9E19A46EC98E54A6ECFEBD736" indent="up1">
<enum>
(J)
</enum>
<text>
develop model procedures for testing and evaluating the community living related needs of
individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="id254D8AAECB694D2B80D68324832438A7" indent="up1">
<enum>
(K)
</enum>
<text>
develop model training programs to teach individuals with disabilities skills which will lead to
integrated community living and full participation in the community; and
</text>
</subparagraph>
<subparagraph id="id782B624913F4492DBA25521001B6526A" indent="up1">
<enum>
(L)
</enum>
<text>
develop new approaches for long-term services and supports for individuals with disabilities,
including supports necessary for competitive integrated employment.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="idAF54A46429D24EFA943BE97FF8743805">
<enum>
(I)
</enum>
<text>
in paragraph (12), as redesignated by subparagraph (G)—
</text>
<clause id="id5B1C7003D2A749318E87777616E5238E">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by inserting
<quote>
an independent living or
</quote>
after
<quote>
conduct
</quote>
;
</text>
</clause>
<clause id="id1F15D41637124D119A454CC443D84FC1">
<enum>
(ii)
</enum>
<text>
in subparagraph (D), by inserting
<quote>
independent living or
</quote>
before
<quote>
rehabilitation
</quote>
; and
</text>
</clause>
<clause id="id2B006191D5D2486DA1F01694332E37FA">
<enum>
(iii)
</enum>
<text>
in the matter following subparagraph (E), by striking
<quote>
National Institute on Disability and Rehabilitation Research
</quote>
and inserting
<quote>
National Institute on Disability, Independent Living, and Rehabilitation Research
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="id503CCAC82ACA4549948C116E1880AFA0">
<enum>
(J)
</enum>
<text>
in paragraph (13), as redesignated by subparagraph (G), by inserting
<quote>
independent living and
</quote>
before
<quote>
rehabilitation needs
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id93561F6FE2604C0093443C62F92E1D67">
<enum>
(K)
</enum>
<text>
in paragraph (14), as redesignated by subparagraph (G), by striking
<quote>
and access to gainful employment.
</quote>
and inserting
<quote>
, full participation, and economic self-sufficiency.
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="idE4241E809BD74EE69457AFFAAD1F288D">
<enum>
(3)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id792F4EB590AD4531877C8E918117468C" reported-display-style="italic" style="OLC">
<subsection id="IDa2fc29edc13041cfb8b9876d0ee2d2b2">
<enum>
(d)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="idC942532B99184CAC906A72EBC9D085F2">
<enum>
(1)
</enum>
<text>
In awarding grants, contracts, or cooperative agreements under this title, the Director shall award
the
funding on a competitive basis.
</text>
</paragraph>
<paragraph changed="added" id="idCC718618539E45E09B6F0D69FEECB367" indent="up1" reported-display-style="italic">
<enum>
(2)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="idADDC574BE74C4076B92A5C8BE94A2499">
<enum>
(A)
</enum>
<text>
To be eligible to receive funds under this section for a covered activity, an entity described in
subsection (a)(1) shall submit
an application to the Director at such time, in such manner, and
containing such information as the Director may require.
</text>
</subparagraph>
<subparagraph changed="added" id="id1167CDE0073345AAA94B3CFBA8D62E78" indent="up1" reported-display-style="italic">
<enum>
(B)
</enum>
<text>
The application shall include information describing—
</text>
<clause id="id8C44C10D108C458A9AF90A8BEA873449">
<enum>
(i)
</enum>
<text>
measurable goals, as established through
<external-xref legal-doc="usc" parsable-cite="usc/31/1115">
section 1115
</external-xref>
of title 31, United States Code, and a
timeline and specific plan for meeting the goals, that the applicant has
established;
</text>
</clause>
<clause id="id1454A0424C164938B5B747DF9C54DB25">
<enum>
(ii)
</enum>
<text>
how the project will address 1 or more of the following: commercialization of a marketable product,
technology transfer (if
applicable), dissemination of any research results, and other priorities
as established by the Director; and
</text>
</clause>
<clause id="idA4553835EA7D45B3A65B09F737842ECD">
<enum>
(iii)
</enum>
<text>
how the applicant will quantifiably measure the goals to determine whether such goals have been
accomplished.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph changed="added" id="id2DD18CD2D46C43FDAFEDCF54B0F48523" indent="up1" reported-display-style="italic">
<enum>
(3)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="idFE9F6BA86D0B460A8A329C7496364F61">
<enum>
(A)
</enum>
<text>
In the case of an application for funding under this section to carry out a covered activity that
results in the development of a marketable product, the application shall
also include a commercialization and dissemination plan, as appropriate,
containing commercialization and marketing strategies for the product
involved, and strategies for disseminating information about the product.
The funding received under this section shall not be used to carry out the
commercialization and
marketing strategies.
</text>
</subparagraph>
<subparagraph changed="added" id="id2F7F01CB5C02472D891915C10DDB0335" indent="up1" reported-display-style="italic">
<enum>
(B)
</enum>
<text>
In the case of any other application for funding to carry out a covered activity under this
section, the application shall also include a dissemination plan,
containing strategies for disseminating educational materials, research
results, or findings, conclusions, and recommendations, resulting from the
covered activity.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="id4DF08390FF854A9EAC23CD874EAA748B">
<enum>
436.
</enum>
<header>
Disability, Independent Living, and Rehabilitation Research Advisory Council
</header>
<text display-inline="no-display-inline">
Section 205 (
<external-xref legal-doc="usc" parsable-cite="usc/29/765">
29 U.S.C. 765
</external-xref>
) is amended—
</text>
<paragraph id="id0D0C15C50AAF4CA3AA918D5B5A9A26FC">
<enum>
(1)
</enum>
<text>
in the section heading, by inserting
<quote>
<header-in-text level="section" style="OLC">
Disability, Independent Living, and
</header-in-text>
</quote>
before
<quote>
<header-in-text level="section" style="OLC">
Rehabilitation
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="id84AD105E423449769230D7F77559319E">
<enum>
(2)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="id8747848CCA5B4FB4AFB501977A491632">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Department of Education a Rehabilitation Research Advisory Council
</quote>
and inserting
<quote>
Department of Health and Human Services a Disability, Independent Living, and Rehabilitation
Research Advisory Council
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id79EEFFE2F21744CD95A0FDE893E15160">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
not less than
</quote>
after
<quote>
composed of
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="id05FEE3AF8102494E9B2D160EE29DA076">
<enum>
(3)
</enum>
<text>
by striking subsection (c) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id17B0DB282ECA48C4936FF32B9BC42C83" reported-display-style="italic" style="OLC">
<subsection id="IDf31c8dc6c03a415194aa94cf8edbe44f">
<enum>
(c)
</enum>
<header>
Qualifications
</header>
<text>
Members of the Council shall be generally representative of the community of disability,
independent living, and rehabilitation professionals, the community of
disability, independent living, and rehabilitation researchers, the
directors of independent living centers and community rehabilitation
programs, the business community (including a representative of the small
business community) that has experience with the system of vocational
rehabilitation services and independent living services carried out under
this Act and with hiring individuals with disabilities, the community of
stakeholders involved in assistive technology, the community of covered
school professionals, and the community of individuals with disabilities,
and the individuals’ representatives. At least one-half of the members
shall be individuals with disabilities or the individuals’
representatives.
</text>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="idC787B8C5C7B44FF5970B94016C1F596A">
<enum>
(4)
</enum>
<text>
in subsection (g), by striking
<quote>
Department of Education
</quote>
and inserting
<quote>
Department of Health and Human Services
</quote>
.
</text>
</paragraph>
</section>
<section id="idE3BAF9968FAB456E950158985C95AA26">
<enum>
437.
</enum>
<header>
Definition of covered school
</header>
<text display-inline="no-display-inline">
Title II (
<external-xref legal-doc="usc" parsable-cite="usc/29/760">
29 U.S.C. 760 et seq.
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idC526283246D242988CB477C9BB603586" reported-display-style="italic" style="OLC">
<section id="IDe57ef55ce54b47cead74c1e3b2bd8ade">
<enum>
206.
</enum>
<header>
Definition of covered school
</header>
<subsection id="IDfa0c5f1d1708488f8dcddc8e0335b4f2">
<enum/>
<text display-inline="yes-display-inline">
In this title, the term
<term>
covered school
</term>
means an elementary school or secondary school (as such terms are defined in section 9101 of the
Elementary and Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/7801">
20 U.S.C. 7801
</external-xref>
)) or an
institution of higher education.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
<subtitle id="id359D97B175E8411687ADF3EC0A80EA51">
<enum>
D
</enum>
<header>
Professional Development and Special Projects and Demonstration
</header>
<section id="id8A16E6A42A25488FA8847245C6DFB2B1">
<enum>
441.
</enum>
<header>
Purpose; training
</header>
<subsection id="id192DB1E442964A4A8684B8C7225DF1A1">
<enum>
(a)
</enum>
<header>
Purpose
</header>
<text>
Section 301(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/771">
29 U.S.C. 771(a)
</external-xref>
) is amended—
</text>
<paragraph id="idBC2A959230A34B31A81D098AF9D1D46F">
<enum>
(1)
</enum>
<text>
in paragraph (2), by inserting
<quote>
and
</quote>
after the semicolon;
</text>
</paragraph>
<paragraph id="idD2CA020EF7F245199BC03958EE9DA926">
<enum>
(2)
</enum>
<text>
by striking paragraphs (3) and (4);
</text>
</paragraph>
<paragraph id="id1C47D6EC5C584B7D838B3D428DE0009A">
<enum>
(3)
</enum>
<text>
by redesignating paragraph (5) as paragraph (3); and
</text>
</paragraph>
<paragraph id="id409C48804FDE4F3DA5EC8F715CF29D4A">
<enum>
(4)
</enum>
<text>
in paragraph (3), as redesignated by paragraph (3), by striking
<quote>
workforce investment systems
</quote>
and inserting
<quote>
workforce development systems
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="id6457C0DE826D4D5AB6C6781AA2FB17EA">
<enum>
(b)
</enum>
<header>
Training
</header>
<text display-inline="yes-display-inline">
Section 302 (
<external-xref legal-doc="usc" parsable-cite="usc/29/772">
29 U.S.C. 772
</external-xref>
) is amended—
</text>
<paragraph id="id8C63681722F24454B7B6E3BDA337A3EF">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="id79E495D9E78B43569D7EE455F55AB43F">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="id307B7BF61A784D1DBDE8D47CBE73DDFD">
<enum>
(i)
</enum>
<text>
in subparagraph (E), by striking all after
<quote>
deliver
</quote>
and inserting
<quote>
supported employment services and customized employment services to individuals with the most
significant disabilities;
</quote>
;
</text>
</clause>
<clause id="idEEFE2BEB4FC747D7B2386BBC7D7E45FF">
<enum>
(ii)
</enum>
<text>
in subparagraph (F), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</clause>
<clause id="id3DB5A787A7964CC2867589DAFB2ACBFE">
<enum>
(iii)
</enum>
<text>
in subparagraph (G), by striking the period at the end and inserting
<quote>
; and
</quote>
; and
</text>
</clause>
<clause id="idE4DE64BAD1AE49F2A775055C81824D13">
<enum>
(iv)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id09E6ECFC7AEF4430910151FF710E8836" reported-display-style="italic" style="OLC">
<subparagraph id="id21433CB1B5DA4E5E8E4A461DFB33F5ED">
<enum>
(H)
</enum>
<text>
personnel trained in providing assistive technology services.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="idF006CAA96B1441698B542BB948290EF9">
<enum>
(B)
</enum>
<text>
in paragraph (4)—
</text>
<clause id="id1046481E360C40B2B76617AE40AF1347">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
subtitle B of title I of the Workforce Innovation and Opportunity Act
</quote>
;
</text>
</clause>
<clause id="id590CB8A7A01F42EA8114BAAA323EE475">
<enum>
(ii)
</enum>
<text>
in subparagraph (A), by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
; and
</text>
</clause>
<clause id="idF8FCF8F1A17F44D7825ED30E14556970">
<enum>
(iii)
</enum>
<text>
in subparagraph (B), by striking
<quote>
section 134(c) of the Workforce Investment Act of 1998.
</quote>
and inserting
<quote>
section 121(e) of the Workforce Innovation and Opportunity Act.
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="idD4BD2BF8CB7B4EB1BB01C97C35039C90">
<enum>
(C)
</enum>
<text>
in paragraph (5), by striking
<quote>
title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
subtitle B of title I of the Workforce Innovation and Opportunity Act
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="idCD58E438A9AF4670AC7D1D7B2A22D601">
<enum>
(2)
</enum>
<text>
in subsection (b)(1)(B)(i), by striking
<quote>
or prosthetics and orthotics
</quote>
and inserting
<quote>
prosthetics and orthotics, vision rehabilitation therapy, orientation and mobility instruction, or
low vision therapy
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="id9CFC14A4505F4303B882926E4C11AAD0">
<enum>
(3)
</enum>
<text>
in subsection (g)—
</text>
<subparagraph commented="no" id="id535E77FD2E5D41F188E94A670750483A">
<enum>
(A)
</enum>
<text>
in the subsection heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
and In-Service Training
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="id05EDDD4DF44B4F7DAD30D9D8AA88EE81">
<enum>
(B)
</enum>
<text>
in paragraph (1), by adding after the period the following:
<quote>
Any technical assistance provided to community rehabilitation programs shall be focused on the
employment outcome of competitive integrated employment for individuals
with disabilities.
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="id5449A836E5464D488B96B104A3BBF80D">
<enum>
(C)
</enum>
<text>
by striking paragraph (3);
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="id87912F18B1334906942CAEA7E3487F98">
<enum>
(4)
</enum>
<text>
in subsection (h), by striking
<quote>
section 306
</quote>
and inserting
<quote>
section 304
</quote>
; and
</text>
</paragraph>
<paragraph id="id06B753005C4947458F214CF90D745CA9">
<enum>
(5)
</enum>
<text>
in subsection (i), by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003.
</quote>
and inserting
<quote>
$33,657,000 for fiscal year 2015, $36,257,000 for fiscal year 2016, $37,009,000 for fiscal year
2017, $37,830,000 for fiscal year 2018, $38,719,000 for fiscal year 2019,
and $39,540,000 for fiscal year 2020.
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section id="idD0F51AF88B6B48A6A7B4C07257AB7915">
<enum>
442.
</enum>
<header>
Demonstration, training, and technical assistance programs
</header>
<text display-inline="no-display-inline">
Section 303 (
<external-xref legal-doc="usc" parsable-cite="usc/29/773">
29 U.S.C. 773
</external-xref>
) is amended—
</text>
<paragraph id="idECDC3C18B8C447179F8C0531C9E5144A">
<enum>
(1)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="id17E5F32604BD4F0184790F999441CD85">
<enum>
(A)
</enum>
<text>
in paragraph (1), by striking
<quote>
section 306
</quote>
and inserting
<quote>
section 304
</quote>
;
</text>
</subparagraph>
<subparagraph id="id01BF08D936C743FB9543BCD65FDBCAC1">
<enum>
(B)
</enum>
<text>
in paragraph (3)(A), by striking
<quote>
National Institute on Disability and Rehabilitation Research
</quote>
and inserting
<quote>
National Institute on Disability, Independent Living, and Rehabilitation Research
</quote>
;
</text>
</subparagraph>
<subparagraph id="id497297446E584373ACD590F8975033D5">
<enum>
(C)
</enum>
<text>
in paragraph (5)—
</text>
<clause id="idC201E9EC889F4894A90F021D9E2CB439">
<enum>
(i)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="id1ECF89D3E303467D92B822F3EDF767A2">
<enum>
(I)
</enum>
<text>
by striking clause (i) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id9F7AC5ECF07D4594AA64E3DEC9567625" reported-display-style="italic" style="OLC">
<clause id="idA0B9893BF47C40AFA6A10949F95BF909">
<enum>
(i)
</enum>
<text>
initiatives focused on improving transition from education, including postsecondary education, to
employment, particularly in competitive integrated employment, for youth
who are individuals with significant disabilities;
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="id28C7FB68356C472A8A7854078ECEB6A0">
<enum>
(II)
</enum>
<text>
by striking clause (iii) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idE07D1C90A9A24F479726CCA21E38B596" reported-display-style="italic" style="OLC">
<clause id="idEE4438F826EA4FB1AC19BD2867EC3445">
<enum>
(iii)
</enum>
<text>
increasing competitive integrated employment for individuals with significant disabilities.
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="idFB70AE480AC84A47919C76FA10A5D6D6">
<enum>
(ii)
</enum>
<text>
in subparagraph (B)(viii), by striking
<quote>
under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
under subtitle B of title I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="idAD855548D16A4CC69CD2A936D07BDD8F">
<enum>
(D)
</enum>
<text>
by striking paragraph (6);
</text>
</subparagraph>
</paragraph>
<paragraph id="id8CA7574ACFE747499D704BA315281E36">
<enum>
(2)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="id6DA39F5CBEFD4F16874F50D4B5A85303">
<enum>
(A)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="id1477A383C44B474D9D44D68313DDA2D4">
<enum>
(i)
</enum>
<text>
in subparagraph (E), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</clause>
<clause id="id076AB0F94D0A448AB0C4F256DB9F3916">
<enum>
(ii)
</enum>
<text>
by redesignating subparagraph (F) as subparagraph (G); and
</text>
</clause>
<clause id="id3ECBF61453F745D38E044D083164F03D">
<enum>
(iii)
</enum>
<text>
by inserting after subparagraph (E) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idEA550CFCD28546C484D23C3771CE16AF" reported-display-style="italic" style="OLC">
<subparagraph id="id915F2AA7586E42E992D40020505942EF">
<enum>
(F)
</enum>
<text>
to provide support and guidance in helping individuals with significant disabilities, including
students with disabilities, transition to competitive integrated
employment; and
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="id877E4053B7F246438FC401C75EFB6928">
<enum>
(B)
</enum>
<text>
in paragraph (4)—
</text>
<clause id="idAD4BCE2A291742E3A7CE00E375B19F09">
<enum>
(i)
</enum>
<text>
in subparagraph (A)(ii)—
</text>
<subclause id="idC196096C4AB6423D99387D40F34966D5">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
the
</quote>
after
<quote>
closely with
</quote>
; and
</text>
</subclause>
<subclause id="id7E9DB316FCE14060837A3B1EB65CE265">
<enum>
(II)
</enum>
<text>
by inserting
<quote>
, the community parent resource centers established pursuant to section 672 of such Act, and the
eligible entities receiving awards under section 673 of such Act
</quote>
after
<quote>
Individuals with Disabilities Education Act
</quote>
; and
</text>
</subclause>
</clause>
<clause id="id9A171F9E7C26496B9104BE7F2537B321">
<enum>
(ii)
</enum>
<text>
in subparagraph (C), by inserting
<quote>
, and demonstrate the capacity for serving,
</quote>
after
<quote>
shall serve
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="id6438DE8FD4F0461C926D58E2E18F4EFE">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id7594064EC7C74DD2AC99F240098E764D" reported-display-style="italic" style="OLC">
<paragraph id="idEEA7F12FE11F4EB3959EF9796C135F4B">
<enum>
(8)
</enum>
<header>
Reservation
</header>
<text>
From the amount appropriated to carry out this section for a fiscal year, 20 percent of such
amount or $500,000, whichever is less, may be reserved to carry out
paragraph (6).
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="id8AE406141E4E479BA8B309721C22D019">
<enum>
(3)
</enum>
<text>
by striking subsection (e) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id54F1CA5B4C4C4541BBE9707485828976" reported-display-style="italic" style="OLC">
<subsection id="id9B0AD1D0B1B94A2AAE43B5EF5621487C">
<enum>
(e)
</enum>
<header>
Authorization of appropriations
</header>
<text>
For the purpose of carrying out this section there are authorized to be appropriated $5,796,000 for
fiscal year 2015, $6,244,000 for fiscal year 2016, $6,373,000 for fiscal
year 2017, $6,515,000 for fiscal year 2018, $6,668,000 for fiscal year
2019, and $6,809,000 for fiscal year 2020.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="id09E1DC777AAB44F18CAED707B031AEBC">
<enum>
443.
</enum>
<header>
Migrant and seasonal farmworkers; recreational programs
</header>
<text display-inline="no-display-inline">
The Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="id22133662F1104CFF98DA724AFC629710">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by striking sections 304 and 305;
</text>
</paragraph>
<paragraph id="idCCC6808DB9FC4F43AB5A09827D21AC73">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by redesignating section 306 as section 304.
</text>
</paragraph>
</section>
</subtitle>
<subtitle id="idE512362700684EE0A483FF6FBA48B405">
<enum>
E
</enum>
<header>
National Council on Disability
</header>
<section id="id9AB0A2C127B24B52BE9469E35824693A">
<enum>
451.
</enum>
<header>
Establishment
</header>
<text display-inline="no-display-inline">
Section 400 (
<external-xref legal-doc="usc" parsable-cite="usc/29/780">
29 U.S.C. 780
</external-xref>
) is amended—
</text>
<paragraph id="id1816E1A8AD214A38AD0A38E22DE0B01E">
<enum>
(1)
</enum>
<text>
in subsection (a)(1)—
</text>
<subparagraph id="idC8E8470BD2994E2D989604E7A7901010">
<enum>
(A)
</enum>
<text>
by redesignating subparagraph (C) as subparagraph (D);
</text>
</subparagraph>
<subparagraph id="id9C36198D16F344AC8FAB2C0CCED9645E">
<enum>
(B)
</enum>
<text>
by striking subparagraphs (A) and (B) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id2DCD6F858C3D4A1882DC0DCF286A1974" reported-display-style="italic" style="OLC">
<subparagraph id="id593E8E98D2FE4A1AA7E4CEAC81017CFD" indent="up2">
<enum>
(A)
</enum>
<text>
There is established within the Federal Government a National Council on Disability (referred to in
this title as the
<quote>
National Council
</quote>
), which, subject to subparagraph (B), shall be composed of 9 members, of which—
</text>
<clause id="id0b8278341403413d8aed9f8f10ba814e">
<enum>
(i)
</enum>
<text>
5 shall be appointed by the President;
</text>
</clause>
<clause id="id2bf4a2fc0e5242f3b712ce2679fb0868">
<enum>
(ii)
</enum>
<text>
1 shall be appointed by the Majority Leader of the Senate;
</text>
</clause>
<clause id="idd4b1cb62ae4847ba838c4059a8d8d56f">
<enum>
(iii)
</enum>
<text>
1 shall be appointed by the Minority Leader of the Senate;
</text>
</clause>
<clause id="id1ad1122933f14244a3eda516ece21267">
<enum>
(iv)
</enum>
<text>
1 shall be appointed by the Speaker of the House of Representatives; and
</text>
</clause>
<clause id="idfdb15668406c461b85a2a001a11670fb">
<enum>
(v)
</enum>
<text>
1 shall be appointed by the Minority Leader of the House of Representatives.
</text>
</clause>
</subparagraph>
<subparagraph id="id4402ff54c9fd41d4892bc00c3aa3c6f4" indent="up2">
<enum>
(B)
</enum>
<text>
The National Council shall transition from 15 members (as of the date of enactment of the Workforce
Innovation and Opportunity Act) to 9 members as follows:
</text>
<clause id="id116f46de209744f4990a666cc2fdd42d">
<enum>
(i)
</enum>
<text>
On the first 4 expirations of National Council terms (after that date), replacement members shall
be appointed
to the National Council in the following order and manner:
</text>
<subclause id="id7ae651af7b8d41e6b4894f3248e8feb0">
<enum>
(I)
</enum>
<text>
1 shall be appointed by the Majority Leader of the Senate.
</text>
</subclause>
<subclause id="idcf1471f05bb2453383e539311a691064">
<enum>
(II)
</enum>
<text>
1 shall be appointed by the Minority Leader of the Senate.
</text>
</subclause>
<subclause id="id6ac974bf35dc40899a0dd2358d43529e">
<enum>
(III)
</enum>
<text>
1 shall be appointed by the Speaker of the House of Representatives.
</text>
</subclause>
<subclause id="idce84481f4f5644368a9c7c5b7619ea1e">
<enum>
(IV)
</enum>
<text>
1 shall be appointed by the Minority Leader of the House of Representatives.
</text>
</subclause>
</clause>
<clause id="id5214e8870a964acfaa76ebfbff231216">
<enum>
(ii)
</enum>
<text>
On the next 6 expirations of National Council terms (after the 4 expirations described in clause
(i) occur), no replacement members shall be appointed to the National
Council.
</text>
</clause>
</subparagraph>
<subparagraph id="id6059d886ec544c49bbef0e4e811cc38a" indent="up2">
<enum>
(C)
</enum>
<text>
For any vacancy on the National Council that occurs after the transition described in subparagraph
(B), the vacancy shall be filled in the same
manner as the original appointment was made.
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="idF031CA52322946BC88759CE40A6CAF7A">
<enum>
(C)
</enum>
<text>
in subparagraph (D), as redesignated by subparagraph (A) of this paragraph, in the first sentence—
</text>
<clause commented="no" id="id68418E9EB65F4BE89A3344784A37C455">
<enum>
(i)
</enum>
<text>
by inserting
<quote>
national leaders on disability policy,
</quote>
after
<quote>
guardians of individuals with disabilities,
</quote>
; and
</text>
</clause>
<clause id="id3A3329FD02084EF5840B18A29419C1EC">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
policy or programs
</quote>
and inserting
<quote>
policy or issues that affect individuals with disabilities
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id1238128AF4E94C6D93210B12A5BA6B29">
<enum>
(2)
</enum>
<text>
in subsection (b), by striking
<quote>
, except
</quote>
and all that follows and inserting a period; and
</text>
</paragraph>
<paragraph id="id8BE420BD31584B138D4DD2040A202E63">
<enum>
(3)
</enum>
<text>
in subsection (d), by striking
<quote>
Eight
</quote>
and inserting
<quote>
Five
</quote>
.
</text>
</paragraph>
</section>
<section id="id5C4481C16E514D638053FE9F018B9956">
<enum>
452.
</enum>
<header>
Report
</header>
<text display-inline="no-display-inline">
Section 401 (
<external-xref legal-doc="usc" parsable-cite="usc/29/781">
29 U.S.C. 781
</external-xref>
) is amended—
</text>
<paragraph id="id6E508DA4148948E68943FCD24313F200">
<enum>
(1)
</enum>
<text>
in paragraphs (1) and (3) of subsection (a), by striking
<quote>
National Institute on Disability and Rehabilitation Research
</quote>
and inserting
<quote>
National Institute on Disability, Independent Living, and Rehabilitation Research
</quote>
; and
</text>
</paragraph>
<paragraph id="id13C2ED3B209F4014B12E02E40B895BB0">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by striking subsection (c).
</text>
</paragraph>
</section>
<section commented="no" display-inline="no-display-inline" id="idCB8E083666734D89A4CBB71209A6E78D" section-type="subsequent-section">
<enum>
453.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
Section 405 (
<external-xref legal-doc="usc" parsable-cite="usc/29/785">
29 U.S.C. 785
</external-xref>
) is amended by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003.
</quote>
and inserting
<quote>
$3,186,000 for fiscal year 2015, $3,432,000 for fiscal year 2016, $3,503,000 for fiscal year 2017,
$3,581,000 for fiscal year 2018, $3,665,000 for fiscal year 2019, and
$3,743,000 for fiscal year 2020.
</quote>
.
</text>
</section>
</subtitle>
<subtitle id="idFC3D8CF6DECF40CAB5163762B087B709">
<enum>
F
</enum>
<header>
Rights and advocacy
</header>
<section id="id84D4BE7E22B54106AFAED8F12F27C248">
<enum>
456.
</enum>
<header>
Interagency Committee, Board, and Council
</header>
<subsection id="idE157BFFC225B404187E97B21AD1B8B96">
<enum>
(a)
</enum>
<header>
Interagency committee
</header>
<text>
Section 501 (
<external-xref legal-doc="usc" parsable-cite="usc/29/791">
29 U.S.C. 791
</external-xref>
) is amended—
</text>
<paragraph id="id7C44037D6DF84D1B9683F885A0CA9673">
<enum>
(1)
</enum>
<text>
by striking subsection (f); and
</text>
</paragraph>
<paragraph id="id7D0A8490B85240C6ACBBB1B633CA831B">
<enum>
(2)
</enum>
<text>
by redesignating subsection (g) as subsection (f).
</text>
</paragraph>
</subsection>
<subsection id="id7DF29047C24E4B738FB29954FF5F7C1B">
<enum>
(b)
</enum>
<header>
Architectural and transportation barriers compliance board
</header>
<text display-inline="yes-display-inline">
Section 502(j) (
<external-xref legal-doc="usc" parsable-cite="usc/29/792">
29 U.S.C. 792(j)
</external-xref>
) is amended by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003.
</quote>
and inserting
<quote>
$7,448,000 for fiscal year 2015, $8,023,000 for fiscal year 2016, $8,190,000 for fiscal year 2017,
$8,371,000 for fiscal year 2018, $8,568,000 for fiscal year 2019, and
$8,750,000 for fiscal year 2020.
</quote>
.
</text>
</subsection>
<subsection id="id8C00A172B59A4EC7B173D1217819D19C">
<enum>
(c)
</enum>
<header>
Program or activity
</header>
<text display-inline="yes-display-inline">
Section 504(b)(2)(B) (
<external-xref legal-doc="usc" parsable-cite="usc/29/794">
29 U.S.C. 794(b)(2)(B)
</external-xref>
) is amended by striking
<quote>
vocational education
</quote>
and inserting
<quote>
career and technical education
</quote>
.
</text>
</subsection>
<subsection id="id9444587F5B594A40B8B78D693AB20097">
<enum>
(d)
</enum>
<header>
Interagency Disability Coordinating Council
</header>
<text display-inline="yes-display-inline">
Section 507(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/794c">
29 U.S.C. 794c(a)
</external-xref>
) is amended by inserting
<quote>
the Chairperson of the National Council on Disability,
</quote>
before
<quote>
and such other
</quote>
.
</text>
</subsection>
</section>
<section id="id9B2E8C606CBC4AD085D70F1F050A8635">
<enum>
457.
</enum>
<header>
Protection and advocacy of individual rights
</header>
<text display-inline="no-display-inline">
Section 509 (
<external-xref legal-doc="usc" parsable-cite="usc/29/794e">
29 U.S.C. 794e
</external-xref>
) is amended—
</text>
<paragraph id="id38E532581B414314A25485C0AAD319B4">
<enum>
(1)
</enum>
<text>
in subsection (c)(1)(A), by inserting
<quote>
a grant, contract, or cooperative agreement for
</quote>
before
<quote>
training
</quote>
;
</text>
</paragraph>
<paragraph id="idE7695544FA4E40F7ABBE1578E97135CC">
<enum>
(2)
</enum>
<text>
in subsection (f)(2)—
</text>
<subparagraph id="id798515AAA3CA49AA83D5FC6FF5E092DC">
<enum>
(A)
</enum>
<text>
by striking
<quote>
general
</quote>
and all that follows through
<quote>
records
</quote>
and inserting
<quote>
general authorities, including the authority to access records
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idEA28E6094EED463FBCB4EDD873D2B40C">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
of title I
</quote>
after
<quote>
subtitle C
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="id22341F9A15814033B59DA89E545EEBF0">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in subsection (l), by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003.
</quote>
and inserting
<quote>
$17,650,000 for fiscal year 2015, $19,013,000 for fiscal year 2016, $19,408,000 for fiscal year
2017, $19,838,000 for fiscal year 2018, $20,305,000 for fiscal year 2019,
and $20,735,000 for fiscal year 2020.
</quote>
.
</text>
</paragraph>
</section>
<section id="idD858670DE61F408F92182226DA54DBE9">
<enum>
458.
</enum>
<header>
Limitations on use of subminimum wage
</header>
<subsection id="idE381A944A6DE48B583A02372CE6424F2">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Title V (
<external-xref legal-doc="usc" parsable-cite="usc/29/791">
29 U.S.C. 791 et seq.
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id0F0DF3A886DF441C8FE27C3437D47ADC" reported-display-style="italic" style="OLC">
<section id="id912EF8060A0F48A6B5BDFB8FBC280DE2">
<enum>
511.
</enum>
<header>
Limitations on use of subminimum wage
</header>
<subsection id="idB6FF73664FF1491284C09D2051CFBC86">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
No entity, including a contractor or subcontractor of the entity, which holds a special wage
certificate as described in section 14(c) of the Fair Labor Standards Act
of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/214">
29 U.S.C. 214(c)
</external-xref>
) may compensate an individual with a disability
who is age 24 or younger at a wage (referred to in this section as a
<quote>
subminimum wage
</quote>
) that is less than the Federal minimum wage unless 1 of the following conditions is met:
</text>
<paragraph id="id433d622ac38e45c8a0e212a3d2e27b14">
<enum>
(1)
</enum>
<text>
The individual is currently employed, as of the effective date of this section, by an entity that
holds a valid certificate pursuant to section 14(c) of the Fair Labor
Standards Act of 1938.
</text>
</paragraph>
<paragraph id="idc0f15b2724cd402ba62c0461dcb98722">
<enum>
(2)
</enum>
<text>
The individual, before beginning work that is compensated at a subminimum wage, has completed, and
produces documentation indicating completion of, each of the following
actions:
</text>
<subparagraph id="id491e9df7e2e94752bc374cef56ce1e44">
<enum>
(A)
</enum>
<text>
The individual has received pre-employment transition services that are available to the individual
under section 113, or transition services under the Individuals with
Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1400">
20 U.S.C. 1400 et seq.
</external-xref>
) such as transition
services available to the individual under section 614(d) of that Act (20
U.S.C. 1414(d)).
</text>
</subparagraph>
<subparagraph id="id7f30858a051d45c8bf95bf120f327b88">
<enum>
(B)
</enum>
<text>
The individual has applied for vocational rehabilitation services under title I, with the result
that—
</text>
<clause id="id1e7e819b3fea4eb491497e59f9baed0a">
<enum>
(i)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="id7804213894B94B44BE04EA48C017C755">
<enum>
(I)
</enum>
<text>
the individual has been found ineligible for such services pursuant to that title and has
documentation consistent with section 102(a)(5)(C) regarding the
determination of ineligibility; or
</text>
</subclause>
<subclause changed="added" id="id32C6D7086CAA4193B01798A639C1C581" indent="up1" reported-display-style="italic">
<enum>
(II)
</enum>
<item commented="no" display-inline="yes-display-inline" id="id43A17E5F85EC4989AAF3DC072E3F2BAB">
<enum>
(aa)
</enum>
<text>
the individual has been determined to be eligible for vocational rehabilitation services;
</text>
</item>
<item changed="added" id="id6D03260B06BC47D6A049066CD5D62B63" indent="up1" reported-display-style="italic">
<enum>
(bb)
</enum>
<text>
the individual has an individualized plan for employment under section 102;
</text>
</item>
<item changed="added" id="idD74DACFDDE794C6D8D08F5C0CA332472" indent="up1" reported-display-style="italic">
<enum>
(cc)
</enum>
<text>
the individual has been working toward an employment outcome specified in such individualized plan
for employment, with appropriate supports and services, including
supported employment services, for a reasonable period of time without
success; and
</text>
</item>
<item changed="added" id="idDD10FC959AD94993895B360A4F9DFA48" indent="up1" reported-display-style="italic">
<enum>
(dd)
</enum>
<text>
the individual’s vocational rehabilitation case is closed; and
</text>
</item>
</subclause>
</clause>
<clause id="idC363CA07A68E4997B50207A36B9DB871">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="idDDE8932CB9D540F7931DC5C9DB7918BE">
<enum>
(I)
</enum>
<text>
the individual has been provided career counseling, and information and referrals to Federal and
State programs and other resources in the individual's geographic area
that offer employment-related services and supports designed to enable the
individual to explore, discover, experience, and attain competitive
integrated employment; and
</text>
</subclause>
<subclause changed="added" id="id77508D2A907A41A7A7679462C7C9ED67" indent="up1" reported-display-style="italic">
<enum>
(II)
</enum>
<text>
such counseling and information and referrals are not for employment compensated at a subminimum
wage provided by an entity described in this
subsection, and such employment-related services are not compensated at a
subminimum wage and do not directly result in employment
compensated at a subminimum wage provided by an entity
described in this subsection.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="idd7ccc3e1f41b44b4858574be11d7f266">
<enum>
(b)
</enum>
<header>
Construction
</header>
<paragraph id="id1300812c65cd4f21bd043a46a021b0cc">
<enum>
(1)
</enum>
<header>
Rule
</header>
<text>
Nothing in this section shall be construed to—
</text>
<subparagraph id="id678e580781294a83aada58115bdf0eca">
<enum>
(A)
</enum>
<text>
change the purpose of this Act described in section 2(b)(2), to empower individuals with
disabilities to maximize opportunities for competitive integrated
employment; or
</text>
</subparagraph>
<subparagraph id="ide8a81934d8154d7f87ae239e90cabd8d">
<enum>
(B)
</enum>
<text>
preference employment compensated at a subminimum wage as an acceptable vocational rehabilitation
strategy or successful employment outcome, as defined in section 7(11).
</text>
</subparagraph>
</paragraph>
<paragraph id="ide6aca3cee1734683bdb6f1d85977b1c7">
<enum>
(2)
</enum>
<header>
Contracts
</header>
<text>
A local educational agency (as defined in section 9101 of the Elementary and Secondary Education
Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/7801">
20 U.S.C. 7801
</external-xref>
)) or a State educational agency (as defined in
such section)
may not enter into a contract or other arrangement with an entity
described in subsection (a) for the purpose of operating a program for an
individual who is age 24 or younger under which work is compensated at a
subminimum wage.
</text>
</paragraph>
<paragraph id="id866d3781e54040479031c069b407fc5c">
<enum>
(3)
</enum>
<header>
Voidability
</header>
<text>
The provisions in this section shall be construed in a manner consistent with the provisions of the
Fair Labor Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/201">
29 U.S.C. 201 et seq.
</external-xref>
), as amended
before or after the effective date of this Act.
</text>
</paragraph>
</subsection>
<subsection id="id465276809AA94DFAA8B692FCF45B94FF">
<enum>
(c)
</enum>
<header>
During employment
</header>
<paragraph id="id13BFC3388B1649CEB3F6A9A741EAB244">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The entity described in subsection (a) may not continue to employ an individual, regardless of age,
at a subminimum
wage unless, after the individual begins work at that wage, at the
intervals described in paragraph (2), the individual (with, in an
appropriate case, the individual's parent or guardian)—
</text>
<subparagraph id="id3856C7FB3AA94530BDAFAF5D5BF2A885">
<enum>
(A)
</enum>
<text>
is provided by the designated State unit career counseling, and information and referrals described
in subsection (a)(2)(B)(ii),
delivered in a manner that facilitates independent decisionmaking and
informed choice, as the individual makes decisions regarding employment
and career advancement; and
</text>
</subparagraph>
<subparagraph id="id81836B52DED842CCA966BB66D1F38F37">
<enum>
(B)
</enum>
<text>
is informed by the employer of self-advocacy, self-determination, and peer mentoring training
opportunities available in the individual's geographic area, provided by
an entity that does not have any financial interest in the individual's
employment outcome, under applicable Federal and State programs or other
sources.
</text>
</subparagraph>
</paragraph>
<paragraph id="id8A94FBFBA0394006A9EE68CDEE81AB3D">
<enum>
(2)
</enum>
<header>
Timing
</header>
<text>
The actions required under subparagraphs (A) and (B) of paragraph (1) shall be carried out once
every 6 months for the first year of the individual's employment at a
subminimum wage, and annually thereafter for the duration of such
employment.
</text>
</paragraph>
<paragraph id="id56c221dadbe64be3af33a626fd57f0ea">
<enum>
(3)
</enum>
<header>
Small business exception
</header>
<text>
In the event that the entity described in subsection (a) is a business with fewer than 15
employees, such entity can satisfy the requirements of subparagraphs (A)
and (B) of paragraph (1) by referring the individual, at the intervals
described in paragraph (2), to the designated State unit for the
counseling, information, and referrals described in paragraph (1)(A) and
the information described in paragraph (1)(B).
</text>
</paragraph>
</subsection>
<subsection id="IDb8c16405b20c4df7baae894155f260d1">
<enum>
(d)
</enum>
<header>
Documentation
</header>
<paragraph id="id2166B4C02E1E4907A6E61DD66F905DC8">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The designated State unit, in consultation with the State educational agency, shall develop a new
process or utilize an existing process, consistent with guidelines
developed by the Secretary, to document the completion of the actions
described in subparagraphs (A) and (B) of subsection (a)(2) by a
youth with a disability who is an individual with a disability.
</text>
</paragraph>
<paragraph id="idB8BF46FB6DB344EC9826A2D54EFDFD37">
<enum>
(2)
</enum>
<header>
Documentation process
</header>
<text>
Such process shall require that—
</text>
<subparagraph id="ID4f2c6f9db9b9412881584c7928435821">
<enum>
(A)
</enum>
<text>
in the case of a student with a disability, for documentation of actions described in subsection
(a)(2)(A)—
</text>
<clause id="IDe887f329a56b4f1cbb4b82462a2beb1d">
<enum>
(i)
</enum>
<text>
if such a student with a disability receives and completes each category of required activities in
section 113(b), such completion of services shall be documented by the
designated State unit in a manner consistent with this section;
</text>
</clause>
<clause id="ID0fefa8a182c5459a9104fc0db07d4723">
<enum>
(ii)
</enum>
<text>
if such a student with a disability receives and completes any transition services available for
students with disabilities under the Individuals with Disabilities
Education Act, including those provided under section
614(d)(1)(A)(i)(VIII) (
<external-xref legal-doc="usc" parsable-cite="usc/20/1414">
20 U.S.C. 1414(d)(1)(A)(i)(VIII)
</external-xref>
), such completion
of services shall be documented by the appropriate school official
responsible for the provision of such transition services, in a manner
consistent
with this section; and
</text>
</clause>
<clause id="IDe50a260ab5dc4c6c89bfe69afc39acb2">
<enum>
(iii)
</enum>
<text>
the designated State unit shall provide the final documentation, in a form and
manner consistent with this section, of the completion of pre-employment
transition services as described in clause (i), or transition services
under the Individuals with Disabilities Education Act as described in
clause (ii), to the student with a disability within a reasonable period
of time following the completion; and
</text>
</clause>
</subparagraph>
<subparagraph id="id62D97388636842A9A5A4ACBD9475FF51">
<enum>
(B)
</enum>
<text>
when an individual has completed the actions described in subsection (a)(2)(B), the designated
State unit shall provide the individual
a document indicating such completion, in a manner consistent with this
section, within a reasonable time period following the completion of the
actions described in this subparagraph.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="id48143D96E57D41B5AD3F4872568C7BBE">
<enum>
(e)
</enum>
<header>
Verification
</header>
<paragraph id="id27A412E6348243B79A66A7E98DB7E8A0">
<enum>
(1)
</enum>
<header>
Before employment
</header>
<text>
Before an individual covered by subsection (a)(2) begins work for an entity described in subsection
(a) at a subminimum wage,
the entity shall review such documentation
received by the individual
under subsection (d), and provided by the individual to the entity, that
indicates that the individual has completed the actions described in
subparagraphs (A) and (B) of subsection (a)(2) and the entity shall
maintain copies of such documentation.
</text>
</paragraph>
<paragraph id="id654BCD048DB648759077E89BE163DF60">
<enum>
(2)
</enum>
<header>
During employment
</header>
<subparagraph id="id6017D784252A4F1A9A60AE2EE00138EE">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
In order to continue to employ an individual at a subminimum wage, the entity described in
subsection (a) shall verify
completion of the requirements of subsection (c), including reviewing any
relevant documents provided by the individual, and shall maintain copies
of the documentation described in subsection (d).
</text>
</subparagraph>
<subparagraph id="id74AA84BECE61494DAEBA65E740B1AE6A">
<enum>
(B)
</enum>
<header>
Review of documentation
</header>
<text>
The entity described in subsection (a) shall be subject to review of individual documentation
described in subsection (d) by a representative working directly for the
designated State unit or the Department of Labor at such a time and in
such a manner as may be necessary to fulfill the intent of this section,
consistent with regulations established by the designated State unit or
the Secretary of Labor.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="id9C618B1C766945CFADB0D58343C6E146">
<enum>
(f)
</enum>
<header>
Federal minimum wage
</header>
<text>
In this section, the term
<term>
Federal minimum wage
</term>
means the rate applicable under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)).
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="idDD703BD553FF417782BB19C2FDBE5062">
<enum>
(b)
</enum>
<header>
Effective date
</header>
<text>
This section takes effect 2 years after the date of enactment of the Workforce Innovation and
Opportunity Act.
</text>
</subsection>
</section>
</subtitle>
<subtitle id="id61DAD4C1014A4D6CB8834C3BDDCCC0B2">
<enum>
G
</enum>
<header>
Employment Opportunities for Individuals With Disabilities
</header>
<section id="idCA97B0A1903D48ED94E9F3F0CAE3626E">
<enum>
461.
</enum>
<header>
Employment opportunities for individuals with disabilities
</header>
<text display-inline="no-display-inline">
Title VI (
<external-xref legal-doc="usc" parsable-cite="usc/29/795">
29 U.S.C. 795 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="id07F7F12D697843A1A670B913BFF0B0FC">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by striking part A;
</text>
</paragraph>
<paragraph id="id7DB3885477BA46399B5B25DDAB9E197E">
<enum>
(2)
</enum>
<text>
by striking the part heading relating to part B;
</text>
</paragraph>
<paragraph id="id4C4C1268C23E4FA995E6B6AC2DF4BC39">
<enum>
(3)
</enum>
<text>
by redesignating sections 621 through 628 as sections 602 through 609, respectively;
</text>
</paragraph>
<paragraph id="id3A516BE6FA2A46198674728C5DF4558E">
<enum>
(4)
</enum>
<text>
in section 602, as redesignated by paragraph (3)—
</text>
<subparagraph id="idB627D9FAE3304833A07125236F840D2D">
<enum>
(A)
</enum>
<text>
by striking
<quote>
part
</quote>
and inserting
<quote>
title
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idC66D43351E0D43F08321BC49993EFF54">
<enum>
(B)
</enum>
<text>
by striking
<quote>
individuals with the most significant disabilities
</quote>
and all that follows and inserting
<quote>
individuals with the most significant disabilities, including youth with the most significant
disabilities, to enable such individuals to achieve an employment outcome
of supported employment in competitive integrated employment.
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="idEB76CB288A4C4126B3CDE157826E6677">
<enum>
(5)
</enum>
<text>
in section 603, as redesignated by paragraph (3)—
</text>
<subparagraph id="id7E05B65E82074BD287EE910043B43FC1">
<enum>
(A)
</enum>
<text>
in subsection (a)—
</text>
<clause id="id12364237BEBA4810B9C44DED4FC0C335">
<enum>
(i)
</enum>
<text>
in paragraph (1)—
</text>
<subclause id="id266E92CB65E64BE29F29A55EBF9292C6">
<enum>
(I)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
part
</quote>
and inserting
<quote>
title
</quote>
;
</text>
</subclause>
<subclause id="idD976F1E2030749E9B0ABFBD878126EE4">
<enum>
(II)
</enum>
<text>
in subparagraph (A), by inserting
<quote>
amount
</quote>
after
<quote>
whichever
</quote>
; and
</text>
</subclause>
<subclause id="id97F6ADB3E08D43A6BA511ACA2A634A63">
<enum>
(III)
</enum>
<text>
in subparagraph (B)—
</text>
<item id="id8C4BAED9759C4198B96CE884F9699DF2">
<enum>
(aa)
</enum>
<text>
by striking
<quote>
part for the fiscal year
</quote>
and inserting
<quote>
title for the fiscal year
</quote>
;
</text>
</item>
<item id="idFEB49E8C919E46C1B2220997101A1630">
<enum>
(bb)
</enum>
<text>
by striking
<quote>
this part in fiscal year 1992
</quote>
and inserting
<quote>
part B of this title (as in effect on September 30, 1992) in fiscal year 1992
</quote>
; and
</text>
</item>
<item id="id04CCF35A59874D34A969690FDF8D1CDF">
<enum>
(cc)
</enum>
<text>
by inserting
<quote>
amount
</quote>
after
<quote>
whichever
</quote>
; and
</text>
</item>
</subclause>
</clause>
<clause id="idF91CF28170EE445CB6B4AD0B9CEC5503">
<enum>
(ii)
</enum>
<text>
in paragraph (2)(B), by striking
<quote>
one-eighth of one percent
</quote>
and inserting
<quote>
<fraction>
1/8
</fraction>
of 1 percent
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="id34F6F2F94DBB4D1C8BCE106C67662136">
<enum>
(B)
</enum>
<text>
in subsection (b)—
</text>
<clause id="id81C278B1B2404BD1ABD0770F12C67BF9">
<enum>
(i)
</enum>
<text>
by inserting
<quote>
under subsection (a)
</quote>
after
<quote>
allotment to a State
</quote>
;
</text>
</clause>
<clause id="id87AC998014B046FEAD9757BB36BE4C67">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
part
</quote>
each place the term appears and inserting
<quote>
title
</quote>
; and
</text>
</clause>
<clause id="id60B00BB668EC432E898A7CC67AFB2DFF">
<enum>
(iii)
</enum>
<text>
by striking
<quote>
one or more
</quote>
and inserting
<quote>
1 or more
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="id47EECFCB085A4783A3CE84603F59C290">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idC289702FA3414B6CABCA3CB42A3C6AA7" reported-display-style="italic" style="OLC">
<subsection id="idC8CE52E77CA84B4893AEB89BFC9D0214">
<enum>
(c)
</enum>
<header>
Limitations on administrative costs
</header>
<text>
A State that receives an allotment under this title shall not use more than 2.5 percent of such
allotment to pay for administrative costs.
</text>
</subsection>
<subsection id="idADCFCE1E9B1B4882BFF2C0564839571A">
<enum>
(d)
</enum>
<header>
Services for youth with the most significant disabilities
</header>
<text>
A State that receives an allotment under this title shall reserve and expend half of such allotment
for the provision of supported employment services, including extended
services, to youth with the most significant disabilities in order to
assist those youth in achieving an employment outcome in supported
employment.
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="id8ED141F6E6F14F478AECD373E829D0BC">
<enum>
(6)
</enum>
<text>
by striking section 604, as redesignated by paragraph (3), and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id519FD16DFCC24D7CBDCEC68B8D258B39" reported-display-style="italic" style="OLC">
<section id="id5D6B59AE846F446C93F524A75E1D25E1">
<enum>
604.
</enum>
<header>
Availability of services
</header>
<subsection id="idC6A478710A954B74A04DFAAF8A66E486">
<enum>
(a)
</enum>
<header>
Supported employment services
</header>
<text display-inline="yes-display-inline">
Funds provided under this title may be used to provide supported employment services to individuals
who are eligible under this title.
</text>
</subsection>
<subsection id="id369E08C77BAC4539BA5B4837E92185B8">
<enum>
(b)
</enum>
<header>
Extended services
</header>
<paragraph id="idD68900DF878B4540A8F52EDEBA985608">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Except as provided in paragraph (2), funds provided under this title, or title I, may not be used
to
provide extended services to individuals under this title or title I.
</text>
</paragraph>
<paragraph id="idA84FF18C37B44D5486CDB4AC653A240F">
<enum>
(2)
</enum>
<header>
Extended services for youth with the most significant disabilities
</header>
<text>
Funds allotted under this title, or title I, and used for the provision of services under this
title to youth with the most significant disabilities pursuant to section
603(d), may be used to provide extended services to youth with the most
significant disabilities. Such extended services shall be available for a
period not to exceed 4 years.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="idADEC61D4E2A844A78B86DD41C2AAF7BA">
<enum>
(7)
</enum>
<text>
in section 605, as redesignated by paragraph (3)—
</text>
<subparagraph id="id61F2073BB89E4853A314592830BEA606">
<enum>
(A)
</enum>
<text>
in the matter preceding paragraph (1)—
</text>
<clause id="idCB2FE709807649D38A973F6E52A9F4C2">
<enum>
(i)
</enum>
<text>
by inserting
<quote>
, including a youth with a disability,
</quote>
after
<quote>
An individual
</quote>
; and
</text>
</clause>
<clause id="id833090D097634217AAC145E86F735457">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
this part
</quote>
and inserting
<quote>
this title
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="idEF0FFA2FCBB44CD1969F93B061F382AE">
<enum>
(B)
</enum>
<text>
in paragraph (1), by inserting
<quote>
under title I
</quote>
after
<quote>
rehabilitation services
</quote>
;
</text>
</subparagraph>
<subparagraph id="id85ADA374CFA74E6C86ADD0F8C7900C8A">
<enum>
(C)
</enum>
<text>
in paragraph (2), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subparagraph>
<subparagraph id="idCD95A3B8E1B6446F8A3DB5101AF2F566">
<enum>
(D)
</enum>
<text>
by redesignating paragraph (3) as paragraph (4);
</text>
</subparagraph>
<subparagraph id="id70FAAC97EA5441C3B8E688FFDF69FD3E">
<enum>
(E)
</enum>
<text>
by inserting after paragraph (2) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idF653B6CEE280477E8B2D52C6C12906B8" reported-display-style="italic" style="OLC">
<paragraph id="idCB0E380D47D944B183C7306BCF2FE20B">
<enum>
(3)
</enum>
<text>
for purposes of activities carried out with funds described in section 603(d), the individual is a
youth with a disability, as defined in section (7)(42); and
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="id660D04AB84AC43AB9068B84CAE916B48">
<enum>
(F)
</enum>
<text>
in paragraph (4), as redesignated by subparagraph (D), by striking
<quote>
assessment of rehabilitation needs
</quote>
and inserting
<quote>
assessment of the rehabilitation needs
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="idA6E719BC6B864CE4B4C903DA66316B68">
<enum>
(8)
</enum>
<text>
in section 606, as redesignated by paragraph (3)—
</text>
<subparagraph id="id5D5766999F5A49C2A608CB8A75B561DA">
<enum>
(A)
</enum>
<text>
in subsection (a)—
</text>
<clause id="id0B46B5D94D5E43C1BF92CF7E523C542F">
<enum>
(i)
</enum>
<text>
by striking
<quote>
this part
</quote>
and inserting
<quote>
this title
</quote>
; and
</text>
</clause>
<clause id="id8DDFA82F2E31495EA5E9AC5E031009DC">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
, including youth with the most significant disabilities,
</quote>
after
<quote>
individuals
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="id08FDA6D42E8E4F199478485B86E67A44">
<enum>
(B)
</enum>
<text>
in subsection (b)—
</text>
<clause id="idEAEC6719F27B449BA9CBDA51AB3F968D">
<enum>
(i)
</enum>
<text>
in paragraph (1), by striking
<quote>
this part
</quote>
and inserting
<quote>
this title
</quote>
;
</text>
</clause>
<clause id="id0989F2414BB946E294B4CA3D024098B1">
<enum>
(ii)
</enum>
<text>
in paragraph (2), by inserting
<quote>
, including youth,
</quote>
after
<quote>
rehabilitation needs of individuals
</quote>
;
</text>
</clause>
<clause id="id7051F2CEEE0C4323A23182F77D00766A">
<enum>
(iii)
</enum>
<text>
in paragraph (3)—
</text>
<subclause id="idA2BC0B8C2D2F43F98977CD7B1446003F">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
, including youth with the most significant disabilities,
</quote>
after
<quote>
provided to individuals
</quote>
; and
</text>
</subclause>
<subclause id="id5298B5C7AA384F7985E5F75200A5C8A2">
<enum>
(II)
</enum>
<text>
by striking
<quote>
section 622
</quote>
and inserting
<quote>
section 603
</quote>
;
</text>
</subclause>
</clause>
<clause id="idAF856E055F9F4A8A9D9BFE52964DFC73">
<enum>
(iv)
</enum>
<text>
by striking paragraph (7);
</text>
</clause>
<clause id="id4044D036161149CF95CF94C865068AB5">
<enum>
(v)
</enum>
<text>
by redesignating paragraph (6) as paragraph (7);
</text>
</clause>
<clause id="id17B0C42BA777471CB64A3CB3932D9D29">
<enum>
(vi)
</enum>
<text>
by inserting after paragraph (5) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idF0E3EE279EEE41DD96B76794E9D957B8" reported-display-style="italic" style="OLC">
<paragraph id="id05AFA64CDE604338ACFB30E4261B54FF">
<enum>
(6)
</enum>
<text>
describe the activities to be conducted pursuant to section 603(d) for youth with the most
significant disabilities, including—
</text>
<subparagraph id="id8043E0D33A6348AD81BCC8174A53C6C4">
<enum>
(A)
</enum>
<text>
the provision of extended services for a period not to exceed 4 years; and
</text>
</subparagraph>
<subparagraph id="id58ECC590C4DD4372AAF7BF26C64211AC">
<enum>
(B)
</enum>
<text>
how the State will use the funds reserved in section 603(d) to leverage other public and private
funds to increase resources for extended services and expand supported
employment opportunities for youth with the most significant disabilities;
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="id0EF2F1BD5CED4DA09FB78EE0DAE618AA">
<enum>
(vii)
</enum>
<text>
in paragraph (7), as redesignated by clause (v)—
</text>
<subclause id="id741BC4A35BA54CB689F6BEC9B9557604">
<enum>
(I)
</enum>
<text>
in subparagraph (A), by striking
<quote>
under this part
</quote>
both places the term appears and inserting
<quote>
under this title
</quote>
;
</text>
</subclause>
<subclause id="id11A34682DC194EAE887A7271D6A6B15E">
<enum>
(II)
</enum>
<text>
in subparagraph (B), by inserting
<quote>
, including youth with the most significant disabilities,
</quote>
after
<quote>
significant disabilities
</quote>
;
</text>
</subclause>
<subclause id="idF2EA03B76EB94CEE821341FE7163CA24">
<enum>
(III)
</enum>
<text>
in subparagraph (C)—
</text>
<item id="id9B3DF172337747CDA7FF1FE4E12E6BB2">
<enum>
(aa)
</enum>
<text>
in clause (i), by inserting
<quote>
, including, as appropriate, for youth with the most significant disabilities, transition services
and pre-employment transition services
</quote>
after
<quote>
services to be provided
</quote>
;
</text>
</item>
<item id="idCA36F35EE8274C6D827A8E8C681B6E87">
<enum>
(bb)
</enum>
<text>
in clause (ii), by inserting
<quote>
, including the extended services that may be provided to youth with the most significant
disabilities under this title, in accordance with an approved
individualized plan for employment, for a period not to exceed 4 years
</quote>
after
<quote>
services needed
</quote>
; and
</text>
</item>
<item id="idCC1F8EF816D34C7AB455D27461474377">
<enum>
(cc)
</enum>
<text>
in clause (iii)—
</text>
<subitem id="id221807389D7E472CBBFC8D8E4C0E161F">
<enum>
(AA)
</enum>
<text>
by striking
<quote>
identify the source of extended services,
</quote>
and inserting
<quote>
identify, as appropriate, the source of extended services,
</quote>
;
</text>
</subitem>
<subitem id="idC1F4B82C44674638B41D5E9C4B793D44">
<enum>
(BB)
</enum>
<text>
by striking
<quote>
or to the extent
</quote>
and inserting
<quote>
or indicate
</quote>
; and
</text>
</subitem>
<subitem id="idE68CD501C39C4322980EC734C7DE598A">
<enum>
(CC)
</enum>
<text>
by striking
<quote>
employment is developed
</quote>
and all that follows and inserting
<quote>
employment is developed;
</quote>
</text>
</subitem>
</item>
</subclause>
<subclause id="id8F11CFF25F654D1B9DE19B81689BF722">
<enum>
(IV)
</enum>
<text>
in subparagraph (D), by striking
<quote>
under this part
</quote>
and inserting
<quote>
under this title
</quote>
;
</text>
</subclause>
<subclause id="id08131876A236460F8032E9522450AAE1">
<enum>
(V)
</enum>
<text>
in subparagraph (F), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subclause>
<subclause id="id8D77E6E597AF422F9CCBB177B3DDB4CA">
<enum>
(VI)
</enum>
<text>
in subparagraph (G), by striking
<quote>
for the maximum number of hours possible
</quote>
; and
</text>
</subclause>
<subclause id="id83D74C30310841A9855848CD82E23C9E">
<enum>
(VII)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id1A3ECD7C1B0741508222CF2D1941E42B" reported-display-style="italic" style="OLC">
<subparagraph id="id7677F091990B4E1A8A5465EBC9BE5C6D">
<enum>
(H)
</enum>
<text>
the State agencies designated under paragraph (1) will expend not more than 2.5 percent of the
allotment of the State under this title for administrative costs of
carrying out this title; and
</text>
</subparagraph>
<subparagraph id="id967312A591C94CA4BE3FF69146DCD8D5">
<enum>
(I)
</enum>
<text>
with respect to supported employment services provided to youth with the most significant
disabilities pursuant to section 603(d), the designated State agency will
provide, directly or indirectly through public or private entities,
non-Federal contributions in an amount that is not less than 10 percent of
the costs of carrying out such services; and
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id9D591525E8D74D69BB2ED1E3658AC767">
<enum>
(9)
</enum>
<text>
by striking section 607, as redesignated by paragraph (3), and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id10C24A0CA468413EBE0FA9FD479867CA" reported-display-style="italic" style="OLC">
<section id="id08086B97A4994F1DAAECFFFC33E69D25">
<enum>
607.
</enum>
<header>
Restriction
</header>
<text display-inline="no-display-inline">
Each State agency designated under section 606(b)(1) shall collect the information required by
section 101(a)(10) separately for—
</text>
<paragraph id="idB79EDA83369C4EE298EE34605B6681CA">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
eligible individuals receiving supported employment services under this title;
</text>
</paragraph>
<paragraph id="idE4EB7DECBEDC48A38DA43CE96F5D5FB2">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
eligible individuals receiving supported employment services under title I;
</text>
</paragraph>
<paragraph id="id4AC6EC0D24B54BCCA52B244101AC5CF4">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
eligible youth receiving supported employment services under this title; and
</text>
</paragraph>
<paragraph id="idB55E3159D31045B984F7050604BCB2AF">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
eligible youth receiving supported employment services under title I.
</text>
</paragraph>
</section>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="idDD9C235E3BC14EA989F520CF5F90CF17">
<enum>
(10)
</enum>
<text>
in section 608(b), as redesignated by paragraph (3), by striking
<quote>
this part
</quote>
both places the terms appears and inserting
<quote>
this title
</quote>
; and
</text>
</paragraph>
<paragraph id="idD50D45CFA8EB447EA50A3F05DF751E4D">
<enum>
(11)
</enum>
<text>
by striking section 609, as redesignated by paragraph (3), and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id8769920E26E1477FA2694AA1621B1603" reported-display-style="italic" style="OLC">
<section id="ID1f756648e1864cf9bc7b4ccbb9c94d35">
<enum>
609.
</enum>
<header>
Advisory Committee on Increasing Competitive Integrated Employment for Individuals with
Disabilities
</header>
<subsection id="ID5d66166be5c242d8bee1cf4b5733f5ec">
<enum>
(a)
</enum>
<header>
Establishment
</header>
<text>
Not later than 60 days after the date of enactment of the Workforce Innovation and Opportunity Act,
the
Secretary of Labor shall establish an Advisory Committee on Increasing
Competitive Integrated Employment for Individuals with Disabilities
(referred to in this section as the
<quote>
Committee
</quote>
).
</text>
</subsection>
<subsection id="ID6a7e2bfe25dd45aea0a8906ce2a8da4a">
<enum>
(b)
</enum>
<header>
Appointment and vacancies
</header>
<paragraph id="idCD174D2534ED4E47B541B545869362BB">
<enum>
(1)
</enum>
<header>
Appointment
</header>
<text>
The Secretary of Labor shall appoint the members of the Committee described in subsection (c)(6),
in accordance with subsection (c).
</text>
</paragraph>
<paragraph commented="no" id="idFD153DFCADF44D8B801BD1973E1B81BB">
<enum>
(2)
</enum>
<header>
Vacancies
</header>
<text>
Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner,
in accordance with the same paragraph of subsection (c), as the original
appointment or designation was made.
</text>
</paragraph>
</subsection>
<subsection id="ID066ce2d8a5b64a56980b16e38fa57bd5">
<enum>
(c)
</enum>
<header>
Composition
</header>
<text display-inline="yes-display-inline">
The Committee shall be composed of—
</text>
<paragraph id="ID3e121677954d4de3960b3a382be12636">
<enum>
(1)
</enum>
<text>
the Assistant Secretary for Disability Employment Policy, the Assistant
Secretary for Employment and Training, and the Administrator of the Wage
and Hour Division, of the Department of Labor;
</text>
</paragraph>
<paragraph id="IDed2621b78f094da5916834dfb1b47b22">
<enum>
(2)
</enum>
<text>
the Commissioner of the Administration on Intellectual and Developmental Disabilities, or the
Commissioner's
designee;
</text>
</paragraph>
<paragraph id="id00FFE957FBD04F4EBB319DBFDBAD63EB">
<enum>
(3)
</enum>
<text>
the Director of the Centers for Medicare & Medicaid Services of the Department of Health and Human Services, or the Director's designee;
</text>
</paragraph>
<paragraph id="id6A9F3ACA6C104A16BF0E9C1FFC3D8E25">
<enum>
(4)
</enum>
<text>
the Commissioner of Social Security, or the Commissioner's designee;
</text>
</paragraph>
<paragraph id="idA06C950D96764FFD97A1C15F9575A1E1">
<enum>
(5)
</enum>
<text>
the Commissioner of the Rehabilitation Services Administration, or the
Commissioner's designee; and
</text>
</paragraph>
<paragraph id="IDb28816803acc4b1e821cc03691d55f3a">
<enum>
(6)
</enum>
<text>
representatives from constituencies consisting of—
</text>
<subparagraph id="ID9fc3d60ba63b49a481356bd3024570ee">
<enum>
(A)
</enum>
<text>
self-advocates for individuals with intellectual or developmental disabilities;
</text>
</subparagraph>
<subparagraph id="ID4a2b24cc3ca8403e926749c5e1ebb107">
<enum>
(B)
</enum>
<text>
providers of employment services, including those that employ individuals with intellectual or
developmental disabilities in competitive integrated employment;
</text>
</subparagraph>
<subparagraph id="IDcc0747fc4e594c8eae847860294a4242">
<enum>
(C)
</enum>
<text>
representatives of national disability advocacy organizations for adults with intellectual or
developmental disabilities;
</text>
</subparagraph>
<subparagraph id="IDcc08237f91f34257b0329f0e3faa4709">
<enum>
(D)
</enum>
<text>
experts with a background in academia or research and expertise in employment and wage policy
issues for individuals with intellectual or developmental disabilities;
</text>
</subparagraph>
<subparagraph id="ID7ec3caec65394abda387a2c7ab5334d9">
<enum>
(E)
</enum>
<text>
representatives from the employer community or national employer organizations; and
</text>
</subparagraph>
<subparagraph id="ID251dd75ac67d466080dac663b413612b">
<enum>
(F)
</enum>
<text>
other individuals or representatives of organizations with expertise on increasing
opportunities for competitive integrated employment for individuals with
disabilities.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="IDf6452df404c94275856932d5bb9b36a3">
<enum>
(d)
</enum>
<header>
Chairperson
</header>
<text>
The Committee shall elect a Chairperson of the Committee from among the appointed
members of the Committee.
</text>
</subsection>
<subsection id="idFB52EEEB6CBC4117B77538A6EA5BB966">
<enum>
(e)
</enum>
<header>
Meetings
</header>
<text>
The Committee shall meet at the call of the Chairperson, but not less than 8 times.
</text>
</subsection>
<subsection id="ID5a50baa9045c47f1aae3d882d03931a5">
<enum>
(f)
</enum>
<header>
Duties
</header>
<text>
The Committee shall study, and prepare findings, conclusions, and recommendations for the Secretary
of Labor on—
</text>
<paragraph id="IDba00116b77774df5aa70c1ec4508933b">
<enum>
(1)
</enum>
<text>
ways to increase the employment opportunities for individuals with intellectual or developmental
disabilities or other individuals with significant disabilities in
competitive
integrated employment;
</text>
</paragraph>
<paragraph id="IDfad0daf6c5634723aa3f824610e96408">
<enum>
(2)
</enum>
<text>
the use of the certificate program carried out under section 14(c) of the Fair
Labor Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/214">
29 U.S.C. 214(c)
</external-xref>
) for the employment of
individuals with intellectual or developmental disabilities, or other
individuals with significant disabilities; and
</text>
</paragraph>
<paragraph id="ID2c839b5e171247cca8a6a002236f0c79">
<enum>
(3)
</enum>
<text>
ways to improve oversight of the use of such certificates.
</text>
</paragraph>
</subsection>
<subsection id="ID551547fb971f4f339af76ae1bbb5c206">
<enum>
(g)
</enum>
<header>
Committee personnel matters
</header>
<paragraph commented="no" id="ID408a218c4de94fc09197f60395d6595a">
<enum>
(1)
</enum>
<header>
Travel expenses
</header>
<text>
The members of the Committee shall not receive compensation for the performance of services for the
Committee, but shall be allowed reasonable travel expenses, including per
diem in
lieu of subsistence, at rates authorized for employees of agencies under
subchapter I of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/57">
chapter 57
</external-xref>
of title 5, United States Code, while away from
their homes or regular places of business in the performance of services
for the Committee. Notwithstanding
<external-xref legal-doc="usc" parsable-cite="usc/31/1342">
section 1342
</external-xref>
of title 31, United States
Code, the Secretary may accept the voluntary and uncompensated services of
members of the Committee.
</text>
</paragraph>
<paragraph id="ID025ced56e6c94d88aef147bf88245501">
<enum>
(2)
</enum>
<header>
Staff
</header>
<text>
The Secretary of Labor may designate such personnel as may be necessary to enable the Committee to
perform its duties.
</text>
</paragraph>
<paragraph id="IDddcb1f4ca3bc4529be7bba8d7ff65ff2">
<enum>
(3)
</enum>
<header>
Detail of government employees
</header>
<text>
Any Federal Government employee, with the approval of the head of the appropriate Federal agency,
may be detailed to the Committee without reimbursement, and such detail
shall be without interruption or loss of civil service status or
privilege.
</text>
</paragraph>
<paragraph id="ID9d138d67003c4a999b81357c5b32a807">
<enum>
(4)
</enum>
<header>
Facilities, equipment, and services
</header>
<text>
The Secretary of Labor shall make available to the Committee, under such arrangements as
may be
appropriate, necessary equipment, supplies, and services.
</text>
</paragraph>
</subsection>
<subsection id="ID77dbb393c4ff4ced8bb8dce926bab602">
<enum>
(h)
</enum>
<header>
Reports
</header>
<paragraph id="IDec5f414f3f0040fb99306a2f17d8500a">
<enum>
(1)
</enum>
<header>
Interim and final reports
</header>
<text>
The Committee shall prepare and submit to the Secretary of Labor, as well as the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of Representatives—
</text>
<subparagraph id="idE83D36528310430CAF028793CF94838D">
<enum>
(A)
</enum>
<text>
an interim report that summarizes the progress of the Committee, along with any interim findings,
conclusions, and recommendations as described in subsection (f); and
</text>
</subparagraph>
<subparagraph id="id88A9F27278B6471885EB21A3DAF19D6B">
<enum>
(B)
</enum>
<text>
a final report that states final findings, conclusions, and
recommendations as described in subsection (f).
</text>
</subparagraph>
</paragraph>
<paragraph id="id9AE060245C9D4B9F8DB08FAA8D9F2100">
<enum>
(2)
</enum>
<header>
Preparation and submission
</header>
<text>
The reports shall be prepared and submitted—
</text>
<subparagraph id="id46F7FAD79E094D429F8D74CD5BBAED9C">
<enum>
(A)
</enum>
<text>
in the case of the interim report, not later than 1 year after the date on which the Committee is
established under subsection (a); and
</text>
</subparagraph>
<subparagraph id="id1D5B84F926EB4602AD75D54DA6AA1CC3">
<enum>
(B)
</enum>
<text>
in the case of the final report, not later than 2 years after the date on which the Committee is
established under subsection (a).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="idEF9D167513594EFA9175A065EBF65C09">
<enum>
(i)
</enum>
<header>
Termination
</header>
<text display-inline="yes-display-inline">
The Committee shall terminate on the day after the date on which the Committee submits the final
report.
</text>
</subsection>
</section>
<section id="id1D700152B0994733B76EA4DB4D624717">
<enum>
610.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
There is authorized to be appropriated to carry out this title $27,548,000 for fiscal year 2015,
$29,676,000 for fiscal year 2016, $30,292,000 for fiscal year 2017,
$30,963,000 for fiscal year 2018, $31,691,000 for fiscal year 2019, and
$32,363,000 for fiscal year 2020.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
<subtitle id="id2B3DD086D1E144269630021D79DE83E4">
<enum>
H
</enum>
<header>
Independent Living Services and Centers for Independent Living
</header>
<chapter id="idC8626B1F75D54F93B6CCBED4B7217F49">
<enum>
1
</enum>
<header>
Individuals with significant disabilities
</header>
<subchapter id="id9543427792814AA98EEA48A4AED8EFC7" style="OLC">
<enum>
A
</enum>
<header>
General provisions
</header>
<section id="idE5CEA302ECC246E7AC5E997ADD41AC20">
<enum>
471.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
Section 701 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796">
29 U.S.C. 796
</external-xref>
) is amended, in paragraph (3)—
</text>
<paragraph id="idAF0E08B7F784445081D73CEBDC17C171">
<enum>
(1)
</enum>
<text>
by striking
<quote>
part B of title VI
</quote>
and inserting
<quote>
title VI
</quote>
; and
</text>
</paragraph>
<paragraph id="idE7FA8D23778E4416A3F696E70A102179">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by inserting before the period the
following:
<quote>
, with the goal of improving the independence of individuals with
disabilities
</quote>
.
</text>
</paragraph>
</section>
<section id="id7F5F4EC87D35414EAAE873E3FE5F1D6A">
<enum>
472.
</enum>
<header>
Administration of the independent living program
</header>
<text display-inline="no-display-inline">
Title VII (
<external-xref legal-doc="usc" parsable-cite="usc/29/796">
29 U.S.C. 796 et seq.
</external-xref>
) is amended by inserting after section 701 the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id8415A147197044B8A666094C0197F1F8" reported-display-style="italic" style="OLC">
<section id="id4652E349CF264D888A452B8D0254AE56">
<enum>
701A.
</enum>
<header>
Administration of the independent living program
</header>
<text display-inline="no-display-inline">
There is established within the Administration for Community Living of the Department of Health and
Human Services, an Independent Living Administration. The Independent
Living Administration
shall be headed by a Director (referred to in this section as the
<quote>
Director
</quote>
) appointed by the Secretary of Health and Human Services. The Director shall be an individual with
substantial knowledge of independent living services. The Independent
Living Administration shall be the principal agency, and the Director
shall be the principal officer, to carry out this chapter. In performing
the functions of the office, the Director shall be directly responsible to
the Administrator of the Administration for Community Living of the
Department of Health and Human Services. The Secretary shall ensure that
the Independent Living Administration has sufficient resources (including
designating at least 1 individual from the Office of General Counsel
who is knowledgeable about independent living services) to
provide
technical assistance and support to, and oversight of, the programs funded
under this chapter.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="id4EEDC938C5F448AF96A3C85B03061EA6">
<enum>
473.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 702 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796a">
29 U.S.C. 796a
</external-xref>
) is amended—
</text>
<paragraph id="id752F735C238E48AE9CBA2E6D4D1C0CD9">
<enum>
(1)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="idA094CA8BF1E54E949387A7C0C29D7D30">
<enum>
(A)
</enum>
<text>
in the matter before subparagraph (A), by inserting
<quote>
for individuals with significant disabilities (regardless of age or income)
</quote>
before
<quote>
that—
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id444277E19C0649D5A83EF27DC3142530">
<enum>
(B)
</enum>
<text>
in subparagraph (B), by striking the period and inserting
<quote>
, including, at a minimum, independent living core services as defined in section 7(17).
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="id3C95C43FBC1A49348032754C5CC51A37">
<enum>
(2)
</enum>
<text>
in paragraph (2), by striking the period and inserting the following:
<quote>
, in terms of the management, staffing, decisionmaking, operation, and provisions of
services, of the center.
</quote>
;
</text>
</paragraph>
<paragraph id="id6F72CF5E103B4767A1E4AF207884BD08">
<enum>
(3)
</enum>
<text>
by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and
</text>
</paragraph>
<paragraph id="id685E3A5A5B9B40D48A78D6E9323112FD">
<enum>
(4)
</enum>
<text>
by inserting before paragraph (2) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id95A2D81F80CE44D89925AB678C7558EB" reported-display-style="italic" style="OLC">
<paragraph id="id53EDAF148F6C419980C20FD40A5111DD">
<enum>
(1)
</enum>
<header>
Administrator
</header>
<text>
The term
<term>
Administrator
</term>
means the Administrator of the Administration for Community Living of the Department of Health and
Human Services.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="idECBE598EABD14DE4864D0C1EAC6ABAC2">
<enum>
474.
</enum>
<header>
State plan
</header>
<text display-inline="no-display-inline">
Section 704 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796c">
29 U.S.C. 796c
</external-xref>
) is amended—
</text>
<paragraph id="id631965B4A4574F94AE85C5E65E0B2616">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="id15ED5E090F5D4F31A7CD157C5413D163">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause commented="no" id="idB1C54D393E9D48FE90A92DBB73994471">
<enum>
(i)
</enum>
<text>
by inserting after
<quote>
State plan
</quote>
the following:
<quote>
developed and signed in accordance with paragraph (2),
</quote>
; and
</text>
</clause>
<clause commented="no" id="id20198277D2854BE18FBBCEB3370F4C42">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="id9EFB700C07B542B29161945E781BC3A1">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="idC6DC77DB2B3D4A33A9B0F55785A29923">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
developed and signed by
</quote>
; and
</text>
</clause>
<clause id="id323BC3E4445A42B1BCFA76DB72CDADEF">
<enum>
(ii)
</enum>
<text>
by striking subparagraphs (A) and (B) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id52A7521A836C4F969C2F0E09D36C4A9B" reported-display-style="italic" style="OLC">
<subparagraph id="ID41d0a36090524765a805206fe0373274">
<enum>
(A)
</enum>
<text>
developed by the chairperson of the Statewide Independent Living Council, and the directors of the
centers for independent living in the State, after receiving public input
from individuals with disabilities and other stakeholders throughout the
State; and
</text>
</subparagraph>
<subparagraph id="id619F9AE5E82649E890EE75B5FD1FAF10">
<enum>
(B)
</enum>
<text>
signed by—
</text>
<clause id="idD1CDAF85804E43F48B060CFD3F77BDA5">
<enum>
(i)
</enum>
<text>
the chairperson of the Statewide Independent Living Council, acting on behalf of and at the
direction of the Council;
</text>
</clause>
<clause id="IDeeb00289ff7b4d72b8722c26adb024f7">
<enum>
(ii)
</enum>
<text>
the director of the designated State entity described in subsection (c); and
</text>
</clause>
<clause id="ID11bc4579004446c7b94d2ea208a15e1a">
<enum>
(iii)
</enum>
<text>
not less than 51 percent of the directors of the centers for independent living in the State.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="id4658D8529C09489B8245346347E3C18D">
<enum>
(C)
</enum>
<text>
in paragraph (3)—
</text>
<clause id="idB1A752231AAD4527BB1380C90FE10512">
<enum>
(i)
</enum>
<text>
in subparagraph (A), by striking
<quote>
State independent living services
</quote>
and inserting
<quote>
independent living services in the State
</quote>
; and
</text>
</clause>
<clause id="idD7D4E5944B454DC3AEAE1F8CE15D035B">
<enum>
(ii)
</enum>
<text>
by striking subparagraph (C) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id372D36A9A78A4F1BB9BCC573CEAFB583" reported-display-style="italic" style="OLC">
<subparagraph id="id5B3700BD11404B5BAFB926B041325BB6">
<enum>
(C)
</enum>
<text>
working relationships and collaboration between—
</text>
<clause id="id8A758170A2584566867645D6A5D3B591">
<enum>
(i)
</enum>
<text>
centers for independent living; and
</text>
</clause>
<clause id="id975C07A86A5C4B7895AA5F43338BA3FD">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="id4889341510B540E781E5BE0F314FAAF2">
<enum>
(I)
</enum>
<text>
entities carrying out programs that provide independent living services, including those serving
older individuals;
</text>
</subclause>
<subclause changed="added" id="IDb70121b6b07148a1b2ae5c893114f33a" indent="up1" reported-display-style="italic">
<enum>
(II)
</enum>
<text>
other community-based organizations that provide or coordinate the provision of housing,
transportation, employment, information and referral assistance, services,
and supports for individuals with significant disabilities; and
</text>
</subclause>
<subclause changed="added" id="id46F7159C33E34394A0326FEA61C0FF7E" indent="up1" reported-display-style="italic">
<enum>
(III)
</enum>
<text>
entities carrying out other programs providing services for individuals with disabilities.
</text>
</subclause>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="id969CA0A626184B619BE8C299DE3C34FF">
<enum>
(D)
</enum>
<text>
in paragraph (4), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idB99893AB563D455DB551DF29107C8CF3">
<enum>
(E)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idDED38191B6454A6E95395F3467CB20A9" reported-display-style="italic" style="OLC">
<paragraph id="ID9c611d575ea24d13b25914d0772d8b09">
<enum>
(5)
</enum>
<header>
Statewideness
</header>
<text>
The State plan shall describe strategies for providing independent living services on a
statewide basis, to the greatest extent possible.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="idAC04C62B9D1745149541E675A98D82F6">
<enum>
(2)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="id8F66D0296F5E4EB8BF0FAE59F4D1D324">
<enum>
(A)
</enum>
<text>
in the subsection heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
unit
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
entity
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="idCE2F443B7075432A8D66BC8435DB893F">
<enum>
(B)
</enum>
<text>
in the matter preceding paragraph (1), by striking
<quote>
the designated State unit of such State
</quote>
and inserting
<quote>
a State entity of such State (referred to in this title as the
<quote>
designated State entity
</quote>
)
</quote>
;
</text>
</subparagraph>
<subparagraph id="idC07D46A0A05A417EAA59025FEC938E40">
<enum>
(C)
</enum>
<text>
in paragraphs (3) and (4), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
;
</text>
</subparagraph>
<subparagraph id="id1932FFD263544E52A7C5FC49929B1AE9">
<enum>
(D)
</enum>
<text>
in paragraph (3), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="id7C9F15499FCF45F6AADF5A58E089F0A1">
<enum>
(E)
</enum>
<text>
in paragraph (4), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idF25BB4A2AFA2402697F751837AAA9D59">
<enum>
(F)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idECB8C24924B34D09920DD572DE1AB995" reported-display-style="italic" style="OLC">
<paragraph id="idFD4132D6F7E04762918CEF2E9C08896A">
<enum>
(5)
</enum>
<text>
retain not more than 5 percent of the funds received by the State for any fiscal year under part
B, for the performance of the services outlined in paragraphs (1) through
(4).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="id8C44C1A270434030B247BE6C65F1FB94">
<enum>
(3)
</enum>
<text>
in subsection (i), by striking paragraphs (1) and (2) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idA45261C51FC74B52B1D3647B16934118" reported-display-style="italic" style="OLC">
<paragraph id="ID40079b641c9f4769a046f6e1235a03b5">
<enum>
(1)
</enum>
<text>
the Statewide Independent Living Council;
</text>
</paragraph>
<paragraph id="IDf2b093f0ead14358a83be783485a55fb">
<enum>
(2)
</enum>
<text>
centers for independent living;
</text>
</paragraph>
<paragraph id="id31A6777F810F4A7B9E94BB42078EE402">
<enum>
(3)
</enum>
<text>
the designated State entity; and
</text>
</paragraph>
<paragraph id="ID5dfa124945e249f3b341fdae109460bb">
<enum>
(4)
</enum>
<text>
other State agencies or entities represented on the Council, other councils that address the needs
and issues of specific disability populations, and other public and
private entities determined to be appropriate by the Council.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="id59AD3FBB015849DCB7ECD6781F230AA9">
<enum>
(4)
</enum>
<text>
in subsection (m)—
</text>
<subparagraph id="IDe7e2e7e651c9487fa245447ea7b0a8a7">
<enum>
(A)
</enum>
<text>
in paragraph (4), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
; and
</text>
</subparagraph>
<subparagraph id="ID83fdc8d27ea94757ab631aa3c72e65b2">
<enum>
(B)
</enum>
<text>
in paragraph (5), by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
Administrator
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="id67F88802FC3940FAA36BA15BECF8F14D">
<enum>
(5)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id4D0F34B32277434E8FD7E8E6C97AE213" reported-display-style="italic" style="OLC">
<subsection id="ID48bed5875bee4a598adc5a09bb445c27">
<enum>
(o)
</enum>
<header>
Promoting full access to community life
</header>
<text>
The plan shall describe how the State will provide independent living services described in section
7(18) that promote full
access to community life for individuals with significant disabilities.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="id05C9B5FC4BF84A6E81C24F138D699CFB">
<enum>
475.
</enum>
<header>
Statewide Independent Living Council
</header>
<text display-inline="no-display-inline">
Section 705 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796d">
29 U.S.C. 796d
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="idC40DAE938388406AB6BF1A4A5AAE65A6">
<enum>
(1)
</enum>
<text>
in subsection (a), by inserting
<quote>
and maintain
</quote>
after
<quote>
shall establish
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="id3DD1F97EF922471EB99F2FC26C0098B5">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph commented="no" id="id939AF5817BCB4FDAA57C579CE8C571E8">
<enum>
(A)
</enum>
<text>
in paragraph (2)—
</text>
<clause commented="no" id="idA221556DB7DC48009DE10595F51C05AF">
<enum>
(i)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause commented="no" id="id32236CB3F78444C18FC081A9275D4B58">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
among its voting members,
</quote>
before
<quote>
at least
</quote>
; and
</text>
</subclause>
<subclause commented="no" id="id3CFFA53F17A345A392AEBF0CFCF43CDC">
<enum>
(II)
</enum>
<text>
by striking
<quote>
one
</quote>
and inserting
<quote>
1
</quote>
; and
</text>
</subclause>
</clause>
<clause commented="no" id="idAF985908888F47EDA4A63DE9C513B2E3">
<enum>
(ii)
</enum>
<text>
by striking subparagraphs (B) and (C) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idE8609E6DD0404C92B18B433F26EABD47" reported-display-style="italic" style="OLC">
<subparagraph commented="no" id="IDdfede2b69f4d4a7ea4a4b71e4739dcf2">
<enum>
(B)
</enum>
<text>
among its voting members, for a State in which 1 or more centers for independent living are run by,
or in conjunction with, the governing bodies of American Indian tribes
located on Federal or State reservations, at least 1 representative of the
directors of such centers; and
</text>
</subparagraph>
<subparagraph commented="no" id="IDd2c9c211c2cf497d9ada3713574f7843">
<enum>
(C)
</enum>
<text>
as ex officio, nonvoting members, a representative of the designated State entity, and
representatives from State agencies that provide services for individuals
with disabilities.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="id13C18ED2BDEE4B0CB85DF26AF027D921">
<enum>
(B)
</enum>
<text>
in paragraph (3)—
</text>
<clause id="id6AF1AB91D1DC41ABA8109EA0D6A89D57">
<enum>
(i)
</enum>
<text>
by redesignating subparagraphs (C) through (F) as subparagraphs (D) through (G), respectively;
</text>
</clause>
<clause id="idB2FFB0490E724E288890AEB2F3241874">
<enum>
(ii)
</enum>
<text>
in subparagraph (B), by striking
<quote>
parents and guardians of
</quote>
; and
</text>
</clause>
<clause id="idD4580D7896004969A2C5DA71F0908FBF">
<enum>
(iii)
</enum>
<text>
by inserting after paragraph (B) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idD76C93B14CD54B61B5397CEA273FAC81" reported-display-style="italic" style="OLC">
<subparagraph id="ID92ab311fa85e45038be7a82d1aa8516f">
<enum>
(C)
</enum>
<text>
parents and guardians of individuals with disabilities;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph commented="no" id="id5B642D74067241D68C9FC7AC923BD4DD">
<enum>
(C)
</enum>
<text>
in paragraph (5)(B), by striking
<quote>
paragraph (3)
</quote>
and inserting
<quote>
paragraph (1)
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="id6DDA27A2BE194BD5ABFF6ACBA280EFDA">
<enum>
(D)
</enum>
<text>
in paragraph (6)(B), by inserting
<quote>
, other than a representative described in paragraph (2)(A) if there is
only one center for independent living within the State,
</quote>
after
<quote>
the Council
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="idCF51538A1F4142308C3582F093765C98">
<enum>
(3)
</enum>
<text>
by striking subsection (c) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id4BEA62FE7AD443179D2690118CB18560" reported-display-style="italic" style="OLC">
<subsection id="ID5c2f6c5e467441efb8a1b1ec2b180f5d">
<enum>
(c)
</enum>
<header>
Functions
</header>
<paragraph id="ID19759308c8284ed4b84d87d00dbf7a75">
<enum>
(1)
</enum>
<header>
Duties
</header>
<text>
The Council shall—
</text>
<subparagraph id="ID64030e7ef21445c69fdcbf230908740f">
<enum>
(A)
</enum>
<text>
develop the State plan as provided in section 704(a)(2);
</text>
</subparagraph>
<subparagraph id="ID50616c5079b74355b51a76cbd16b0c8d">
<enum>
(B)
</enum>
<text>
monitor, review, and evaluate the implementation of the State plan;
</text>
</subparagraph>
<subparagraph id="ID432e8701ba5b483897a78971f6698d1e">
<enum>
(C)
</enum>
<text>
meet regularly, and ensure that such meetings of the Council
are open to the public and sufficient advance notice of such meetings is
provided;
</text>
</subparagraph>
<subparagraph id="idD4E444E58F3841C7A2522931FDDB5727">
<enum>
(D)
</enum>
<text>
submit to the Administrator such periodic reports as the Administrator may reasonably request, and
keep such records, and afford such access to such records, as the
Administrator
finds necessary to verify the information in such reports; and
</text>
</subparagraph>
<subparagraph id="ID00a74afa1dd745b383b5081bef5641cf">
<enum>
(E)
</enum>
<text>
as appropriate, coordinate activities with other entities in the State that provide services
similar to or complementary to independent living services, such as
entities that facilitate the provision of or provide long-term
community-based services and supports.
</text>
</subparagraph>
</paragraph>
<paragraph id="ID6558d86ad8c0497e818129804df528fe">
<enum>
(2)
</enum>
<header>
Authorities
</header>
<text>
The Council may, consistent with the State plan described in section 704, unless prohibited by
State law—
</text>
<subparagraph id="ID0b7b4937dd8242b3afef666d1ce05cab">
<enum>
(A)
</enum>
<text>
in order to improve services provided to individuals with disabilities, work with centers for
independent
living to coordinate services with public and private entities;
</text>
</subparagraph>
<subparagraph id="ID59ad61310c9348ca901e9d481f14cf37">
<enum>
(B)
</enum>
<text>
conduct resource development activities to
support the activities described in this subsection or to support the
provision of independent living services by centers for independent
living; and
</text>
</subparagraph>
<subparagraph id="ID84f39e0f6a414b499fb069cb1dce6488">
<enum>
(C)
</enum>
<text>
perform such other functions, consistent with the purpose of this chapter and comparable to other
functions described in this subsection, as the Council determines to be
appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="idA16B5737C00E48C3A02307D78BA9748F">
<enum>
(3)
</enum>
<header>
Limitation
</header>
<text>
The Council shall not provide independent living services directly to individuals with significant
disabilities or manage such services.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="id6FA80E55A7AF44099479D5E38C9D9B73">
<enum>
(4)
</enum>
<text>
in subsection (e)—
</text>
<subparagraph id="idF3CEB377038E41769DE60C366BE28FB8">
<enum>
(A)
</enum>
<text>
in paragraph (1), in the first sentence, by striking
<quote>
prepare
</quote>
and all that follows through
<quote>
a plan
</quote>
and inserting
<quote>
prepare, in conjunction with the designated State entity, a plan
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id13D36594EF504C7091E00EE6F98D5D08">
<enum>
(B)
</enum>
<text>
in paragraph (3), by striking
<quote>
State agency
</quote>
and inserting
<quote>
State entity
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="idD94D4772C99D40C48B97B5053E06EDF3">
<enum>
(5)
</enum>
<text>
in subsection (f)—
</text>
<subparagraph id="id84C30F198BF14D7DA9280C38B28DDD58">
<enum>
(A)
</enum>
<text>
by striking
<quote>
such resources
</quote>
and inserting
<quote>
available resources
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idE64E516811054BDFB20BFEDD7247E0A0">
<enum>
(B)
</enum>
<text>
by striking
<quote>
(including
</quote>
and all that follows through
<quote>
compensation
</quote>
and inserting
<quote>
(such as personal assistance services), and to pay reasonable compensation
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="id1F71A9F272584BAA8416D1C50147864A">
<enum>
475A.
</enum>
<header>
Responsibilities of the Administrator
</header>
<text display-inline="no-display-inline">
Section 706 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796d-1">
29 U.S.C. 796d–1
</external-xref>
) is amended—
</text>
<paragraph id="idAF7E5DAD43B544FA9195206F4532A0BA">
<enum>
(1)
</enum>
<text>
by striking the title of the section and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id3B8D8C77BF0543FCBAA32B768FA8E146" reported-display-style="italic" style="OLC">
<section id="id0414831E0A33475394F002200ED4F6AD">
<enum>
706.
</enum>
<header>
Responsibilities of the Administrator
</header>
</section>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="idA37C5310F2064924A446FB81BE66665A">
<enum>
(2)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="idAC99C47940924D47A02B23BC45E64DE8">
<enum>
(A)
</enum>
<text>
in paragraph (1), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id4346130E2E084F619D2AD9FFB73E5C97">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="idDE64C065EF584B4E817EDA282598896F">
<enum>
(i)
</enum>
<text>
in subparagraph (A), by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
Administrator
</quote>
; and
</text>
</clause>
<clause id="id3F8AC58BD79C402695B13AB8B2410CC0">
<enum>
(ii)
</enum>
<text>
in subparagraph (B)—
</text>
<subclause id="idA00036141AE44B06B9585388CDDA848C">
<enum>
(I)
</enum>
<text>
in clause (i)—
</text>
<item id="id8146AE650B1547B891F1CE0849217269">
<enum>
(aa)
</enum>
<text>
by inserting
<quote>
or the Commissioner
</quote>
after
<quote>
to the Secretary
</quote>
; and
</text>
</item>
<item id="id2338288437924231A017E61665116EAE">
<enum>
(bb)
</enum>
<text>
by striking
<quote>
to the Commissioner; and
</quote>
and inserting
<quote>
to the Administrator;
</quote>
;
</text>
</item>
</subclause>
<subclause id="id32CACAF0DB3B41309096243B28AF3B21">
<enum>
(II)
</enum>
<text>
by redesignating clause (ii) as clause (iii); and
</text>
</subclause>
<subclause id="idAAC6216F7AD847DEB174FF9328982C8A">
<enum>
(III)
</enum>
<text>
by inserting after clause (i) the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idEB70637D846F4645990885AA4D380595" reported-display-style="italic" style="OLC">
<clause id="ID92bcf858f5244a46a5e261e2db3dbdd4">
<enum>
(ii)
</enum>
<text>
to the State agency shall be deemed to be references to the designated State entity; and
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id60F1BF2B4091404AAAD3F4093D71D770">
<enum>
(3)
</enum>
<text>
by striking subsection (b) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idB76232B3F1614AE5ADF13FC8DE77C7E0" reported-display-style="italic" style="OLC">
<subsection id="IDacc9fa04dac64b41b4c8e8ee79bc76e8">
<enum>
(b)
</enum>
<header>
Indicators
</header>
<text>
Not later than 1 year after the date of enactment of the Workforce Innovation and Opportunity Act,
the Administrator shall develop and publish in the Federal Register
indicators
of
minimum compliance for centers for independent living (consistent with the
standards set forth in section 725), and indicators of minimum compliance
for Statewide Independent Living Councils.
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="idDF89A90CB085405A9E2C7FEC5CCBE450">
<enum>
(4)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="id07E368F184614531B0A010C7AFB3BD70">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="id2844F9D168E743AF9FBD0801DA014AE8">
<enum>
(i)
</enum>
<text>
by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
; and
</text>
</clause>
<clause id="id49D9253487A3465C90C0F6D0F6DADD1C">
<enum>
(ii)
</enum>
<text>
by striking the last sentence;
</text>
</clause>
</subparagraph>
<subparagraph id="id208F480C2E58460797BF0AACE43639AF">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="id892EEEFD41714F9DB60D9F8C3676C83D">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
Administrator
</quote>
;
</text>
</clause>
<clause id="id1B65DAC0A1DF4740803046CA4E94462D">
<enum>
(ii)
</enum>
<text>
in subparagraph (A), by striking
<quote>
such a review
</quote>
and inserting
<quote>
a review described in paragraph (1)
</quote>
; and
</text>
</clause>
<clause id="idA5A6CC2BFE994B6EB7D582A508A3D334">
<enum>
(iii)
</enum>
<text>
in subparagraphs (A) and (B), by striking
<quote>
Department
</quote>
each place it appears and inserting
<quote>
Department of Health and Human Services
</quote>
; and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="idD0F3B80669184E09AE077C42C5CFD529">
<enum>
(5)
</enum>
<text>
by striking subsection (d) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idDB011A8E2AC5409B9A2936E4A065B22C" reported-display-style="italic" style="OLC">
<subsection id="id37F8162B051E45A095450DDA099FAF39">
<enum>
(d)
</enum>
<header>
Reports
</header>
<paragraph id="id91FFEA5E69E345719A4374303EE12911">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Director described in section 701A shall provide to the Administrator of the Administration for
Community Living and the Administrator shall include, in an annual
report, information on
the
extent to which centers for independent living receiving funds under part
C have complied with the standards and
assurances set forth in section 725. The Director may identify
individual centers for independent living in the analysis contained in
that information. The Director shall include in the report the
results
of onsite compliance reviews, identifying individual centers for
independent living and other recipients of assistance under part C.
</text>
</paragraph>
<paragraph id="idF98C1E6103E44180B1DC703AFA23C038">
<enum>
(2)
</enum>
<header>
Public availability
</header>
<text>
The Director shall ensure that the report described in this subsection is made publicly available
in a timely manner, including through electronic means, in order to inform
the public about the administration and performance of programs under this
Act.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subchapter>
<subchapter id="id872C78C7CCE845ADBD600B0DC5733A15" style="OLC">
<enum>
B
</enum>
<header>
Independent living services
</header>
<section id="idB1CA5175378A4EBA90D952C05AE66E2B">
<enum>
476.
</enum>
<header>
Administration
</header>
<subsection id="idE2D425B70CAC47428030DDCFD112297F">
<enum>
(a)
</enum>
<header>
Allotments
</header>
<text>
Section 711 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e">
29 U.S.C. 796e
</external-xref>
) is amended—
</text>
<paragraph id="id13DFAC8535F64C598691E7B947D35033">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="id181DB8E6A8C34F71B2D4E8A0AC387FBB">
<enum>
(A)
</enum>
<text>
in paragraph (1)(A)—
</text>
<clause id="id83B7C1FEE110476EB797CE5CF1BCB6E6">
<enum>
(i)
</enum>
<text>
by striking
<quote>
Except
</quote>
and inserting
<quote>
After the reservation required by section 711A is made, and except
</quote>
; and
</text>
</clause>
<clause id="idD34821ACC076480F86C28772210B2424">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
the remainder of the
</quote>
before
<quote>
sums appropriated
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="idF2E57227B08F45DCB74C14EE9EF45E6E">
<enum>
(B)
</enum>
<text>
in paragraph (2)(B), by striking
<quote>
amounts made available for purposes of this part
</quote>
and inserting
<quote>
remainder described in paragraph (1)(A)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="id6C70B885C98D475A9D7F1D538079BFC0">
<enum>
(2)
</enum>
<text>
in subsections (a), (b), and (c), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
; and
</text>
</paragraph>
<paragraph id="id6174C8979514480CAE73B7614795C41D">
<enum>
(3)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idE6871A3D8BB5420888AB97479383A514" reported-display-style="italic" style="OLC">
<subsection id="idD8262BD8FBCB4B63A7C43227CC914BEB">
<enum>
(d)
</enum>
<header>
Administration
</header>
<text>
Funds allotted or made available to a State under this section shall be administered by the
designated State entity, in accordance with the approved State plan.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="idAE5C9F6DCA7B477DA9EF812F945DE2BA">
<enum>
(b)
</enum>
<header>
Training and technical assistance
</header>
<text>
Part B of chapter 1 of title VII is amended by inserting after section 711 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e">
29 U.S.C. 796e
</external-xref>
) the
following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idFBC9715C5BBB48FAB3DDBAA947070243" reported-display-style="italic" style="traditional">
<section id="IDbb7382c0702e4c8fabacd4b1ffd0034d">
<enum>
711A.
</enum>
<header>
Training and technical assistance
</header>
<subsection commented="no" display-inline="yes-display-inline" id="id4D17C76AB73A4CE697AEA6D69FDFAA23">
<enum>
(a)
</enum>
<text>
From the funds appropriated and made available to carry out this part for any fiscal year,
beginning with fiscal year
2015, the Administrator shall first reserve not less than 1.8 percent and
not more than 2 percent of the funds to provide, either directly or
through grants,
contracts, or cooperative agreements, training and technical
assistance to Statewide Independent Living Councils established under
section 705 for such fiscal year.
</text>
</subsection>
<subsection changed="added" id="IDd44a9f0d654747d2a704ce364815ee22" reported-display-style="italic">
<enum>
(b)
</enum>
<text>
The Administrator shall conduct a survey of such Statewide Independent Living Councils regarding
training
and technical assistance needs in order to determine funding priorities
for such training and technical assistance.
</text>
</subsection>
<subsection changed="added" id="ID74e4af9e8e2042128db19c6510e332da" reported-display-style="italic">
<enum>
(c)
</enum>
<text>
To be eligible to receive a grant or enter into a contract or cooperative agreement under
this
section,
an entity shall submit an application to the Administrator at such
time, in such manner, containing a proposal to provide such training
and technical assistance, and containing such additional information, as
the Administrator may require. The Administrator shall provide for peer
review of applications by panels that include persons who are not
government employees and who have experience in the operation of such
Statewide
Independent Living Councils.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="id7C9A713A7EB14E1185ECE19C50B5CF54">
<enum>
(c)
</enum>
<header>
Payments
</header>
<text display-inline="yes-display-inline">
Section 712(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e-1">
29 U.S.C. 796e–1(a)
</external-xref>
) is amended by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
Administrator
</quote>
.
</text>
</subsection>
<subsection id="idC7F902506E7B48E799418F7B78B5DE86">
<enum>
(d)
</enum>
<header>
Authorized uses of funds
</header>
<text display-inline="yes-display-inline">
Section 713 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e-2">
29 U.S.C. 796e–2
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="id652A680F5CFF4C4795E13AF6E52731C2">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by striking the matter preceding paragraph (1) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idEAC154A73A1A4EAD86FCDFCE13DF334A" reported-display-style="italic" style="OLC">
<subsection commented="no" id="id4203FEEAAABF439090DAADDAFA62648E">
<enum>
(a)
</enum>
<header>
In General
</header>
<text>
The State may use funds received under this part to provide the resources described in section
705(e) (but may not use more than 30 percent of the funds paid to the
State under section 712 for such resources unless the State specifies that
a greater percentage of the funds is needed for such resources in a State
plan approved under section 706), relating to the Statewide Independent
Living Council, may retain funds under section 704(c)(5), and shall
distribute the remainder of the funds received under this part in a manner
consistent with the approved State plan for the activities described in
subsection (b).
</text>
</subsection>
<subsection commented="no" id="id62F31DE2AB314FEDA0DC09E827E9EF0A">
<enum>
(b)
</enum>
<header>
Activities
</header>
<text>
The State may use the remainder of the funds described in subsection (a)—
</text>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="id6287269D2FC942AEA0558CAB25D72CC8">
<enum>
(2)
</enum>
<text>
in paragraph (1), by inserting
<quote>
, particularly those in unserved areas of the State
</quote>
after
<quote>
disabilities
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="id4071FD709401440186521E889118B149">
<enum>
(e)
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="yes-display-inline">
Section 714 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e-3">
29 U.S.C. 796e–3
</external-xref>
) is amended by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003.
</quote>
and inserting
<quote>
$22,878,000 for fiscal year 2015, $24,645,000 for fiscal year 2016, $25,156,000 for fiscal year
2017, $25,714,000 for fiscal year 2018, $26,319,000 for fiscal year 2019,
and $26,877,000 for fiscal year 2020.
</quote>
.
</text>
</subsection>
</section>
</subchapter>
<subchapter id="idC3854A6926624090AF4652236D05C242" style="OLC">
<enum>
C
</enum>
<header>
Centers for independent living
</header>
<section id="idED18C15A13E6400285A2C86EB5EC31BE">
<enum>
481.
</enum>
<header>
Program authorization
</header>
<text display-inline="no-display-inline">
Section 721 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796f">
29 U.S.C. 796f
</external-xref>
) is amended—
</text>
<paragraph id="idBF8D3B181D8E484AB5F96629E887FEC2">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="idB969DDF2C1AB4E03862C5555ECBC58C2">
<enum>
(A)
</enum>
<text>
by striking
<quote>
1999
</quote>
and inserting
<quote>
2015
</quote>
;
</text>
</subparagraph>
<subparagraph id="id1CEC24AEC79346299FF0E37B10986BA6">
<enum>
(B)
</enum>
<text>
by striking
<quote>
Commissioner shall allot
</quote>
and inserting
<quote>
Administrator shall make available
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id306BFF041FF94D52AF043AACD5122625">
<enum>
(C)
</enum>
<text>
by inserting
<quote>
, centers for independent living,
</quote>
after
<quote>
States
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="id29F51D28354446F4807F9E7BF698F8A7">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="id02451AC4646246B59925EA6A09CE1F81">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="id2BEE2514895241C3B7D76AA3FE1CEB46">
<enum>
(i)
</enum>
<text>
in the paragraph heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
other arrangements
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
cooperative agreements
</header-in-text>
</quote>
;
</text>
</clause>
<clause id="id654FA3D6C9FB4998AB43527324ECAA90">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
For
</quote>
and all that follows through
<quote>
Commissioner
</quote>
and inserting
<quote>
From the funds appropriated to carry out this part for any fiscal year, beginning with fiscal year
2015, the Administrator
</quote>
;
</text>
</clause>
<clause id="id404D03CBAA4E45C4B9A985F38829EA1A">
<enum>
(iii)
</enum>
<text>
by striking
<quote>
reserve from such excess
</quote>
and inserting
<quote>
reserve not less than 1.8 percent and not more than 2 percent of the funds
</quote>
; and
</text>
</clause>
<clause id="idBBECAC1115094CDEA60BE2D5159967C9">
<enum>
(iv)
</enum>
<text>
by striking
<quote>
eligible agencies
</quote>
and all that follows and inserting
<quote>
centers for independent living and eligible agencies for such fiscal year.
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="ID3bd3ae6eb7cc4d2a9b4219d2a6182823">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="id2D9B693B09BA4367AFFDE70A07D291D6">
<enum>
(i)
</enum>
<text>
by striking
<quote>
Commissioner shall make grants to, and enter into contracts and other arrangements with,
</quote>
and inserting
<quote>
Administrator shall make grants to, or enter into contracts or cooperative agreements with,
</quote>
; and
</text>
</clause>
<clause id="id0389E124657B44B2AC9C3A579074BBE5">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
fiscal management of,
</quote>
before
<quote>
planning,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="ID659f374cc2d74007b35fd4e072467f7d">
<enum>
(C)
</enum>
<text>
in paragraphs (3), (4), and (5), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id7F0061262C7B4F63A61E54E327BA1F55">
<enum>
(D)
</enum>
<text>
in paragraph (3), by striking
<quote>
Statewide Independent Living Councils and
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="id65AF1A075D65401C8D04F2DA284AD6AB">
<enum>
(3)
</enum>
<text>
in paragraph (4), by striking
<quote>
other arrangement
</quote>
and inserting
<quote>
cooperative agreement
</quote>
;
</text>
</paragraph>
<paragraph id="id0444D05A61244EA3A7B30BC1463614D7">
<enum>
(4)
</enum>
<text>
in subsection (c), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
; and
</text>
</paragraph>
<paragraph id="id430C3A138CA14F74B918F4846C3EF273">
<enum>
(5)
</enum>
<text>
in subsection (d), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
.
</text>
</paragraph>
</section>
<section id="id09B069003FC642B2901D61C836DF29E9">
<enum>
482.
</enum>
<header>
Centers
</header>
<subsection commented="no" display-inline="no-display-inline" id="id6962CF1A7485431786951D08BCCD5CEE">
<enum>
(a)
</enum>
<header display-inline="yes-display-inline">
Centers in States in which Federal funding exceeds State funding
</header>
<text display-inline="yes-display-inline">
Section 722 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-1">
29 U.S.C. 796f–1
</external-xref>
) is amended—
</text>
<paragraph id="id91056CE590874D69A6BDC0541E03268B">
<enum>
(1)
</enum>
<text>
in subsections (a), (b), and (c), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
;
</text>
</paragraph>
<paragraph id="idEDA98C4269954938AA287CD7F9244523">
<enum>
(2)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="id1F7ABB859EAD426487A2E494818C5F96">
<enum>
(A)
</enum>
<text>
by striking
<quote>
grants
</quote>
and inserting
<quote>
grants for a fiscal year
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id2F97B38C0F28479A9E781E3BD8FDB380">
<enum>
(B)
</enum>
<text>
by striking
<quote>
by September 30, 1997
</quote>
and inserting
<quote>
for the preceding fiscal year
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="id808D2D8C10FF46D098FEB359BD3B65FC">
<enum>
(3)
</enum>
<text>
in subsection (d)—
</text>
<subparagraph id="idE6140B19B3544F6F80AC4C605D503DDE">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="id0F77A5B2732640BDB1F630B6B3A99EC4">
<enum>
(i)
</enum>
<text>
by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
Administrator
</quote>
; and
</text>
</clause>
<clause id="id41445A357EBA4E519374D324100A03CF">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
region, consistent
</quote>
and all that follows and inserting
<quote>
region. The Administrator's determination of the most qualified applicant shall be consistent with
the provisions in the State plan setting forth the design of the State for
establishing a statewide network of centers for independent living.
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="id62344AAA47D74AF2B240F138C84CBB57">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="idB1CB69AB3C0F40DC9A63D7F34EBB2DA6">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
Administrator
</quote>
; and
</text>
</clause>
<clause id="idD092F70450EB4F3A8E02804F3F24458C">
<enum>
(ii)
</enum>
<text>
by striking subparagraph (A) and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id347D36C8B77E4FB3A9C6C12ED474716F" reported-display-style="italic" style="OLC">
<subparagraph id="idC69D266E216F4DD88B3996300A93708B">
<enum>
(A)
</enum>
<text>
shall consider comments regarding the application—
</text>
<clause id="id3B2D0A52F32F4566A46091DAEC870732">
<enum>
(i)
</enum>
<text>
by individuals with disabilities and other interested parties within the new region proposed to be
served; and
</text>
</clause>
<clause id="idC2AE402E8FF64A089AAAB99A5B2FAA0D">
<enum>
(ii)
</enum>
<text>
if any, by the Statewide Independent Living Council in the State in which the applicant is located;
</text>
</clause>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="idF1A5E00D1C0F4652B7F68D4699EFF343">
<enum>
(4)
</enum>
<text>
in subsections (e) and (g) by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator.
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="idAC4A89AA5F794EFCABA9B87589F2AE03">
<enum>
(b)
</enum>
<header>
Centers in States in which State funding exceeds Federal funding
</header>
<text display-inline="yes-display-inline">
Section 723 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-2">
29 U.S.C. 796f–2
</external-xref>
) is amended—
</text>
<paragraph id="id3BE54E7C8A224E4DBF3FEDFAB1F0A5DB">
<enum>
(1)
</enum>
<text>
in subsections (a), (b), (g), (h), and (i), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="id3F5E182D2B2E454588A106E21D99202D">
<enum>
(2)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph commented="no" id="id4F33ED016B404B2795407D5B55C320A7">
<enum>
(A)
</enum>
<text>
in paragraph (1)(A)(ii), by inserting
<quote>
of a designated State unit
</quote>
after
<quote>
director
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idDDA69A875AB043A2B175771227E1D310">
<enum>
(B)
</enum>
<text>
in the heading of paragraph (3), by striking
<quote>
<header-in-text level="paragraph" style="OLC">
commissioner
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
administrator
</header-in-text>
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="idFD7A2E9F6C964822B8F2F0AF6B5F1570">
<enum>
(3)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="idD384E1E8296C4E02ABECBE046B351005">
<enum>
(A)
</enum>
<text>
by striking
<quote>
grants
</quote>
and inserting
<quote>
grants for a fiscal year
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id4B63F204BEE74ACCABB16B2593B14754">
<enum>
(B)
</enum>
<text>
by striking
<quote>
by September 30, 1997
</quote>
and inserting
<quote>
for the preceding fiscal year
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="idDF3CF19AF02F46CCAE4995E89B97979C">
<enum>
(c)
</enum>
<header>
Centers operated by State agencies
</header>
<text display-inline="yes-display-inline">
Section 724 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-3">
29 U.S.C. 796f–3
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="id063065E871F04099A83BFADA7FB8E3F8">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in the matter preceding paragraph (1)—
</text>
<subparagraph commented="no" id="id6233C9A6D52D47A19366905001CABF3F">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
1993
</quote>
and inserting
<quote>
2015
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="id4B05A7DED67044FEA620E93C8D9A76C5">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
Rehabilitation Act Amendments of 1998
</quote>
and inserting
<quote>
Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="id3A23A13A5B44446D9563D5FF49D37B38">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
1994
</quote>
and inserting
<quote>
2015
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="id62BCDC4CC4624ACC9FEFFFE0291B8403">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section id="id33DDB2858801455D9252947ABC0B7A2C">
<enum>
483.
</enum>
<header>
Standards and assurances
</header>
<text display-inline="no-display-inline">
Section 725 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-4">
29 U.S.C. 796f–4
</external-xref>
) is amended—
</text>
<paragraph id="idDC2F3EF859184116AD37FC8E4E830E7B">
<enum>
(1)
</enum>
<text>
in subsection (b)(1)(D)—
</text>
<subparagraph commented="no" id="id43DFC06A33BD46149AF476DA55DB463B">
<enum>
(A)
</enum>
<text>
by striking
<quote>
access of
</quote>
and inserting
<quote>
access for
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="idC1D4602088A5400A98CB853E70A5E946">
<enum>
(B)
</enum>
<text>
by striking
<quote>
to society and
</quote>
and inserting
<quote>
, within their communities,
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="id37DCE224290845DCA2954FE45F46B185">
<enum>
(2)
</enum>
<text>
in subsection (c), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
.
</text>
</paragraph>
</section>
<section id="id6286EF5CDEF847AA818A36271DF05CC5">
<enum>
484.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
Section 727 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-6">
29 U.S.C. 796f–6
</external-xref>
) is amended by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003.
</quote>
and inserting
<quote>
$78,305,000 for fiscal year 2015, $84,353,000 for fiscal year 2016, $86,104,000 for fiscal year
2017, $88,013,000 for fiscal year 2018, $90,083,000 for fiscal year 2019,
and $91,992,000 for fiscal year 2020.
</quote>
.
</text>
</section>
</subchapter>
</chapter>
<chapter id="idB3D538582C174DE9B253062681129651">
<enum>
2
</enum>
<header>
Independent Living Services for Older Individuals who are Blind
</header>
<section id="ID211D8A032B9F4C02A174CFAE5AA6636C">
<enum>
486.
</enum>
<header>
Independent living services for older individuals who are blind
</header>
<text display-inline="no-display-inline">
Chapter 2 of title VII (
<external-xref legal-doc="usc" parsable-cite="usc/29/796j">
29 U.S.C. 796j et seq.
</external-xref>
) is amended by inserting after section 751 the
following:
</text>
<quoted-block changed="added" id="ID15A96CC8AF704E0BAB7E6F2C091E3056" reported-display-style="italic" style="traditional">
<section id="ID17EFA4E2C12C4C43BCC66478C0F75794">
<enum>
751A.
</enum>
<header>
Training and technical assistance
</header>
<subsection commented="no" display-inline="yes-display-inline" id="id85188F224D01449189DE36504A3C88A1">
<enum>
(a)
</enum>
<text>
From the funds appropriated and made available to carry out this chapter for any fiscal year,
beginning with fiscal year 2015, the
Commissioner shall first reserve not less than 1.8 percent and not more
than 2 percent of the funds to provide, either directly or through grants,
contracts, or
cooperative agreements, training and
technical assistance to designated State agencies, or other providers of
independent living services for older individuals who are blind, that are
funded under this chapter for such fiscal year.
</text>
</subsection>
<subsection changed="added" id="ID965CB63D456F466D927EE3B163154ADC" reported-display-style="italic">
<enum>
(b)
</enum>
<text>
The Commissioner shall conduct a survey of designated State agencies that receive grants under
section 752 regarding training and technical assistance needs in order to
determine funding priorities for such training and technical assistance.
</text>
</subsection>
<subsection changed="added" id="ID04C3227D9F4B4F9AA4F65D80464E99E8" reported-display-style="italic">
<enum>
(c)
</enum>
<text>
To be eligible to receive a grant or enter into a contract or cooperative agreement under
this
section,
an entity shall submit an application to the Commissioner at such time, in
such manner, containing a proposal to provide such training and technical
assistance, and containing such additional information, as the
Commissioner
may require. The Commissioner shall provide for peer review of
applications by panels that include persons who are not government
employees and who have experience in the provision of services to older
individuals who are blind.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="IDA3E2463919134A0AB33C5C491F33A5D3">
<enum>
487.
</enum>
<header>
Program of grants
</header>
<text display-inline="no-display-inline">
Section 752 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796k">
29 U.S.C. 796k
</external-xref>
) is amended—
</text>
<paragraph id="ID05715ABF562842A3BF016E48C259F276">
<enum>
(1)
</enum>
<text>
by striking subsection (h);
</text>
</paragraph>
<paragraph id="ID5F4B72751B50472E9ABF4BD82EB4A9FF">
<enum>
(2)
</enum>
<text>
by redesignating subsections (i) and (j) as subsections (h) and (i), respectively;
</text>
</paragraph>
<paragraph id="ID27ADE1B07C134D42BDFB58E145333FF4">
<enum>
(3)
</enum>
<text>
in subsection (c)(2)—
</text>
<subparagraph id="ID271EB6ED1E6C4D2DA92B3CFF1C7A48E9">
<enum>
(A)
</enum>
<text>
by striking
<quote>
subsection (j)
</quote>
and inserting
<quote>
subsection (i)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="ID92DB4C11CA7944369A2990614FDD8005">
<enum>
(B)
</enum>
<text>
by striking
<quote>
subsection (i)
</quote>
and inserting
<quote>
subsection (h)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="IDC2DE2E22027648ADAE5BF6219C548E3E">
<enum>
(4)
</enum>
<text>
in subsection (g), by inserting
<quote>
, or contracts or cooperative agreements with,
</quote>
after
<quote>
grants to
</quote>
;
</text>
</paragraph>
<paragraph id="ID2D69311D9FB74F58AADF201E36357DEB">
<enum>
(5)
</enum>
<text>
in subsection (h), as redesignated by paragraph (2)—
</text>
<subparagraph id="IDEA7E1B56D10C4C55B8E18700825EF346">
<enum>
(A)
</enum>
<text>
in paragraph (1), by striking
<quote>
subsection (j)(4)
</quote>
and inserting
<quote>
subsection (i)(4)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="IDC200BA8F6C0C49478808019C04C5AAED">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="ID2BEFBACAFF5F48C4B7508886758FAD93">
<enum>
(i)
</enum>
<text>
in subparagraph (A)(vi), by adding
<quote>
and
</quote>
after the semicolon;
</text>
</clause>
<clause id="IDDD3AFC56597144AAB5ECB5FB983BF956">
<enum>
(ii)
</enum>
<text>
in subparagraph (B)(ii)(III), by striking
<quote>
; and
</quote>
and inserting a period; and
</text>
</clause>
<clause id="ID37BE4CD71A544888976279AB8F658EB1">
<enum>
(iii)
</enum>
<text>
by striking subparagraph (C); and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="IDF63947CCE4D94A4781DF6FDCD5830B73">
<enum>
(6)
</enum>
<text>
in subsection (i), as redesignated by paragraph (2)—
</text>
<subparagraph id="idC2F17910AC694731B1F2BF3F1C9C25A6">
<enum>
(A)
</enum>
<text>
in paragraph (2)(A)(ii), by inserting
<quote>
, and not reserved under section 751A,
</quote>
after
<quote>
section 753
</quote>
;
</text>
</subparagraph>
<subparagraph id="IDF60C6CE662434883AD3D502F287298FE">
<enum>
(B)
</enum>
<text>
in paragraph (3)(A), by inserting
<quote>
, and not reserved under section 751A,
</quote>
after
<quote>
section 753
</quote>
; and
</text>
</subparagraph>
<subparagraph id="IDF91BEC063D26431BBD95A80F923C8576">
<enum>
(C)
</enum>
<text>
in paragraph (4)(B)(i), by striking
<quote>
subsection (i)
</quote>
and inserting
<quote>
subsection (h)
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section commented="no" display-inline="no-display-inline" id="ID9299F8B09C2D4DAC9CA90313DB4E30D9" section-type="subsequent-section">
<enum>
488.
</enum>
<header>
Independent living services for older individuals who are blind authorization of appropriations
</header>
<text display-inline="no-display-inline">
Section 753 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796l">
29 U.S.C. 796l
</external-xref>
) is amended by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003.
</quote>
and inserting
<quote>
$33,317,000 for fiscal year 2015, $35,890,000 for fiscal year 2016, $36,635,000 for fiscal year
2017, $37,448,000 for fiscal year 2018, $38,328,000 for fiscal year 2019,
and $39,141,000 for fiscal year 2020.
</quote>
.
</text>
</section>
</chapter>
</subtitle>
<subtitle id="id27249784E70B47889551B96AA03DCD90">
<enum>
I
</enum>
<header>
General provisions
</header>
<section id="id5c129f1553ce46d5aff36c4cb427089f">
<enum>
491.
</enum>
<header>
Transfer of functions regarding independent living to Department of Health and Human Services, and
savings provisions
</header>
<subsection id="idc8f260ff76224440846898c12d5c2d69">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text>
For purposes of this section, unless otherwise provided or indicated by the context—
</text>
<paragraph id="idB0F3A036DA82427194E5D6FDB974DB57">
<enum>
(1)
</enum>
<text>
the term
<term>
Administration for Community Living
</term>
means the Administration for Community Living of the Department of Health and Human Services;
</text>
</paragraph>
<paragraph id="id08886b7363c2457fab00529e194c7cb1">
<enum>
(2)
</enum>
<text>
the term
<term>
Federal agency
</term>
has the meaning given to the term
<term>
agency
</term>
by
<external-xref legal-doc="usc" parsable-cite="usc/5/551">
section 551(1)
</external-xref>
of title 5, United States Code;
</text>
</paragraph>
<paragraph id="id1f6f7e9203f74fc0a93b788b264d5262">
<enum>
(3)
</enum>
<text>
the term
<term>
function
</term>
means any duty, obligation, power, authority, responsibility, right, privilege, activity, or
program; and
</text>
</paragraph>
<paragraph id="idfbf4cd014f4147338876793a61934769">
<enum>
(4)
</enum>
<text>
the term
<term>
Rehabilitation Services Administration
</term>
means the Rehabilitation Services Administration of the Office of Special Education and
Rehabilitative Services of the Department of Education.
</text>
</paragraph>
</subsection>
<subsection id="id6f663648ffef4557a51e0460aa79dd18">
<enum>
(b)
</enum>
<header>
Transfer of functions
</header>
<text>
There are transferred to the Administration for Community Living, all
functions which the Commissioner of the Rehabilitation Services
Administration exercised before the effective date of this section
(including all related functions of any officer or employee of that
Administration) under chapter 1 of title VII of the Rehabilitation Act of
1973 (29 U.S.C. 796 et
seq).
</text>
</subsection>
<subsection id="id528fddf02a4e434181183a79bb01a1ea">
<enum>
(c)
</enum>
<header>
Personnel Determinations by the office of management and budget
</header>
<text>
The Office of Management and Budget shall—
</text>
<paragraph id="id6A177B644656418A9A37BD058FDA5C63">
<enum>
(1)
</enum>
<text>
ensure that this section does not result in any net increase in full-time equivalent employees at
any Federal agency impacted by this section; and
</text>
</paragraph>
<paragraph id="id10705997D10347F7821492058AA0BFC7">
<enum>
(2)
</enum>
<text>
not later than 1 year after the effective date of this section, certify compliance with this
subsection to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate.
</text>
</paragraph>
</subsection>
<subsection id="id177adcbc81c04811a9d96c6615e06662">
<enum>
(d)
</enum>
<header>
Delegation and assignment
</header>
<text>
Except where otherwise expressly prohibited by law or otherwise provided by this section, the
Administrator of the Administration for Community Living may delegate any
of the
functions transferred to the
Administrator of such Administration by subsection (b) and any function
described in subsection (b) that was transferred or granted to such
Administrator after the effective date of
this section to such officers and employees of such Administration as the
Administrator may designate, and may authorize successive redelegations
of
such functions described in subsection (b) as may be necessary or
appropriate. No delegation of
such functions by the Administrator of the Administration for Community
Living
under
this subsection or under any other provision
of this section shall relieve such Administrator of responsibility for the
administration of such functions.
</text>
</subsection>
<subsection id="id156867e4293444168ba286f50ac85b55">
<enum>
(e)
</enum>
<header>
Reorganization
</header>
<text>
Except where otherwise expressly prohibited by law or otherwise provided by this Act, the
Administrator of the Administration for Community Living is authorized to
allocate or reallocate any function transferred under subsection (b) among
the officers of such Administration, and to consolidate, alter,
or discontinue such organizational entities in such Administration as may
be necessary or appropriate.
</text>
</subsection>
<subsection id="idde136ce6f5464ee59ec1779a7af329c9">
<enum>
(f)
</enum>
<header>
Rules
</header>
<text>
The Administrator of the Administration for Community Living is authorized to
prescribe, in accordance with the provisions of chapters 5 and 6 of title
5, United States Code, such rules and regulations as that Administrator
determines necessary or appropriate to administer and manage the functions
described in subsection (b) of that Administration.
</text>
</subsection>
<subsection id="id7ac8f625be224b2b84f1255687ec4d76">
<enum>
(g)
</enum>
<header>
Transfer and allocations of appropriations and personnel
</header>
<text>
Except as otherwise provided in this section, the personnel employed in connection with, and the
assets, liabilities, contracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and other funds employed,
used, held, arising from, available to, or to be made available in
connection with the functions transferred by subsection (b), subject to
<external-xref legal-doc="usc" parsable-cite="usc/31/1531">
section 1531
</external-xref>
of title 31, United States Code, shall be transferred to the
Administration for Community Living. Unexpended
funds transferred pursuant to this subsection shall be used only for the
purposes for which the funds were originally authorized and appropriated.
</text>
</subsection>
<subsection id="id37524fcbb35f4c8c8d2a59962782adaa">
<enum>
(h)
</enum>
<header>
Incidental transfers
</header>
<text>
The Director of the Office of Management and Budget, at such time or times as the Director shall
provide, is authorized to make such determinations as may be necessary
with regard to the functions transferred by subsection (b), and to make
such
additional incidental dispositions of personnel, assets, liabilities,
grants, contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds held, used,
arising from, available to, or to be made available in connection with
such functions, as may be necessary to carry out the provisions of this
section. The Director of the Office of Management and Budget shall provide
for the termination of the affairs of all entities terminated by this
section and for such further measures and dispositions as may be necessary
to effectuate the purposes of this section, with respect to such
functions.
</text>
</subsection>
<subsection id="id038b39d75547405b9764c4f60a3a0641">
<enum>
(i)
</enum>
<header>
Savings provisions
</header>
<paragraph id="id6a602bb022ce461a9bb87a7efcaff5cf">
<enum>
(1)
</enum>
<header>
Continuing effect of legal documents
</header>
<text>
All orders, determinations, rules, regulations, permits, agreements, grants, contracts,
certificates, licenses, registrations, privileges, and other
administrative actions—
</text>
<subparagraph id="idd6d1e29294064f729196f55aea156f4d">
<enum>
(A)
</enum>
<text>
which have been issued, made, granted, or allowed to become effective by the President, any Federal
agency or official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under subsection (b);
and
</text>
</subparagraph>
<subparagraph id="id0df3717c04a749f49153418448e34b6a">
<enum>
(B)
</enum>
<text>
which are in effect at the time this section takes effect, or were final before the effective date
of this section and are to become effective on or after the effective date
of this section,
</text>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
shall continue in effect according to their terms until modified, terminated, superseded, set
aside, or revoked in accordance with law by the President, the
Administrator of the Administration for Community Living or other
authorized
official, a court of competent
jurisdiction, or by operation of law.
</continuation-text>
</paragraph>
<paragraph id="id2553290856cd43baa8c7200ef725494d">
<enum>
(2)
</enum>
<header>
Proceedings not affected
</header>
<text>
The provisions of this section shall not affect any proceedings, including notices of proposed
rulemaking, or any application for any license, permit, certificate, or
financial assistance pending before the Rehabilitation Services
Administration at the time this section takes effect, with respect to
functions transferred by subsection (b) but such proceedings and
applications shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and payments shall be made
pursuant to such orders, as if this section had not been enacted, and
orders issued in any such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by operation of law.
Nothing in this paragraph shall be deemed to prohibit the discontinuance
or modification of any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been discontinued
or modified if this section had not been enacted.
</text>
</paragraph>
<paragraph id="ide55ad225942d4e3f8fc5197ee499cf86">
<enum>
(3)
</enum>
<header>
Suits not affected
</header>
<text>
The provisions of this section shall not affect suits commenced (with respect to functions
transferred under subsection (b)) before the effective date of this
section,
and in all such suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and with the same effect as if this
section had not been enacted.
</text>
</paragraph>
<paragraph id="id2ec33e95a982452f9f6abae2c66054a0">
<enum>
(4)
</enum>
<header>
Nonabatement of actions
</header>
<text>
No suit, action, or other proceeding commenced by or against the Rehabilitation Services
Administration (with regard to functions transferred under subsection
(b)),
or by or against any individual in the official capacity of such
individual as an officer of the Rehabilitation Services Administration
(with regard to functions transferred under subsection (b)), shall abate
by
reason of the enactment of this section.
</text>
</paragraph>
<paragraph id="idc52ed8a827df43dd87bedeb4c8ecac23">
<enum>
(5)
</enum>
<header>
Administrative actions relating to promulgation of regulations
</header>
<text>
Any administrative action relating to the preparation or promulgation of a regulation by the
Rehabilitation Services Administration (with regard to functions
transferred under subsection (b)) may be continued by the Administration
for
Community Living with the same effect as if
this section had not been enacted.
</text>
</paragraph>
</subsection>
<subsection id="id611a84e6895246d8b633c41bca23955d">
<enum>
(j)
</enum>
<header>
Separability
</header>
<text>
If a provision of this section or its application to any person or circumstance is held invalid,
neither the remainder of this section nor the application of the provision
to other persons or circumstances shall be affected.
</text>
</subsection>
<subsection id="id2AF04CDC0A8C4E8CAF5C613D4DED0039">
<enum>
(k)
</enum>
<header>
References
</header>
<text>
A reference in any other Federal law, Executive order, rule, regulation, or delegation of
authority, or any document of or relating to—
</text>
<paragraph id="idA35737CB28C540A5BA6278BF8B326F37">
<enum>
(1)
</enum>
<text>
the Commissioner of the Rehabilitation Services Administration (with regard to functions
transferred under subsection (b)), shall be deemed to refer to the
Administrator of the Administration for Community Living; and
</text>
</paragraph>
<paragraph id="idF4216555B65E43318395A7C877FD094A">
<enum>
(2)
</enum>
<text>
the Rehabilitation Services Administration (with regard to functions transferred under subsection
(b)), shall be deemed to refer to the Administration for Community
Living.
</text>
</paragraph>
</subsection>
<subsection id="id4ee2548a580a4c57986d2ccc3bab4143">
<enum>
(l)
</enum>
<header>
Transition
</header>
<text>
The Administrator of the Administration for Community Living is authorized to
utilize—
</text>
<paragraph id="id5d03234a348c4b5ebdd5efe12b892b94">
<enum>
(1)
</enum>
<text>
the services of such officers, employees, and other personnel of the Rehabilitation Services
Administration with regard to functions transferred under subsection (b);
and
</text>
</paragraph>
<paragraph id="id4d250ecadd6f4ee294025e40b6a7964d">
<enum>
(2)
</enum>
<text>
funds appropriated to such functions,
</text>
</paragraph>
<continuation-text continuation-text-level="subsection">
for such period of time as may reasonably be needed to facilitate the orderly implementation of
this section.
</continuation-text>
</subsection>
<subsection id="idD7F4B499FD2342059CD6F412AC78DA47">
<enum>
(m)
</enum>
<header>
Administration for Community Living
</header>
<paragraph id="id71954ADEDF244C6CAB7EDC5553390ADE">
<enum>
(1)
</enum>
<header>
Transfer of functions
</header>
<text>
There are transferred to the Administration for Community Living, all functions which the
Commissioner of the Rehabilitation Services Administration exercised
before the effective date of this section (including all related functions
of any officer or employee of that Administration) under the Assistive
Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3001">
29 U.S.C. 3001 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="idD0D589DB07264F69A6B8ECBADD62D310">
<enum>
(2)
</enum>
<header>
Administrative matters
</header>
<text>
Subsections (d) through (l) shall apply to transfers described in paragraph (1).
</text>
</paragraph>
</subsection>
<subsection id="id054745B55343497DBA003E062E75676A">
<enum>
(n)
</enum>
<header>
National Institute on Disability, Independent Living, and Rehabilitation Research
</header>
<paragraph id="idDAF395A6CE9D48548FB02C5A3935C80D">
<enum>
(1)
</enum>
<header>
Definitions
</header>
<text>
For purposes of this subsection, unless otherwise provided or indicated by the context—
</text>
<subparagraph id="id43362899B0EA475AB11C164FF601A2CF">
<enum>
(A)
</enum>
<text>
the term
<term>
NIDILRR
</term>
means the National Institute on Disability, Independent Living, and Rehabilitation Research of the
Administration for Community Living of the Department of Health and Human
Services; and
</text>
</subparagraph>
<subparagraph id="id15980BD9C3844EE79A9BBFAF257FA0BD">
<enum>
(B)
</enum>
<text>
the term
<term>
NIDRR
</term>
means the National Institute on Disability and Rehabilitation Research of the Office of Special
Education and Rehabilitative Services of the Department of Education.
</text>
</subparagraph>
</paragraph>
<paragraph id="id2D60012634B349AC905AC283AD9A3680">
<enum>
(2)
</enum>
<header>
Transfer of functions
</header>
<text>
There are transferred to the NIDILRR, all functions which the Director of the NIDRR exercised
before the effective date of this section (including all related functions
of any officer or employee of the NIDRR).
</text>
</paragraph>
<paragraph id="id6154549360624386B4A3FE6A31FE0D5E">
<enum>
(3)
</enum>
<header>
Administrative matters
</header>
<subparagraph id="idB6B2E5A0F0D34C10AD3EAD5B6C6E4226">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Subsections (d) through (l) shall apply to transfers described in paragraph (2).
</text>
</subparagraph>
<subparagraph id="idDF2B6BE378804618960BECD108F3C4FF">
<enum>
(B)
</enum>
<header>
References
</header>
<text>
For purposes of applying those subsections under subparagraph (A), those subsections—
</text>
<clause id="idB2A9DC76E45E414489EB884F4306101D">
<enum>
(i)
</enum>
<text>
shall apply to the NIDRR and the Director of the NIDRR in the same manner and to the same extent as
those subsections apply to the Rehabilitation Services Administration and
the Commissioner of that Administration; and
</text>
</clause>
<clause id="id52E55E6E697C4B2CA8D4EA5FD4576C70">
<enum>
(ii)
</enum>
<text>
shall apply to the NIDILRR and the Director of the NIDILRR in the same manner and to the same
extent as those subsections apply to the Administration for Community
Living and the Administrator of that Administration.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="idE4FC006168C24C07A22D6683F8AAEBFF">
<enum>
(o)
</enum>
<header>
References in Assistive Technology Act of 1998
</header>
<paragraph id="id65D7B759F0424BBB9D73D18F624D9E01">
<enum>
(1)
</enum>
<header>
Secretary
</header>
<text>
Section 3(13) of the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3002">
29 U.S.C. 3002(13)
</external-xref>
) is amended by striking
<quote>
Education
</quote>
and inserting
<quote>
Health and Human Services
</quote>
.
</text>
</paragraph>
<paragraph id="idF84CAED119974698A9995A56392C4644">
<enum>
(2)
</enum>
<header>
National activities
</header>
<text>
Section 6(d)(4) of the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3005">
29 U.S.C. 3005(d)(4)
</external-xref>
) is amended by
striking
<quote>
Education
</quote>
and inserting
<quote>
Health and Human Services
</quote>
.
</text>
</paragraph>
<paragraph id="idfb2010cea48c49738a0d1002d28cdaa4">
<enum>
(3)
</enum>
<header>
General administration
</header>
<text>
Section 7 of the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3006">
29 U.S.C. 3006
</external-xref>
) is amended—
</text>
<subparagraph id="idbb2f8f17989940098cb37c48039ee05b">
<enum>
(A)
</enum>
<text>
in subsection (a)—
</text>
<clause id="idc75c52734d0c4e22a058889aeb339713">
<enum>
(i)
</enum>
<text>
in paragraph (1), by striking
<quote>
the Assistant Secretary
</quote>
and all that follows through
<quote>
Rehabilitation Services Administration,
</quote>
and inserting
<quote>
the Administrator of the Administration for Community Living
</quote>
;
</text>
</clause>
<clause id="id844b347d479b48c78f2743f8a698fd1e">
<enum>
(ii)
</enum>
<text>
in paragraph (2), by striking
<quote>
The Assistant Secretary
</quote>
and all that follows and inserting
<quote>
The Administrator of the Administration for Community Living shall consult with the Office of
Special Education Programs of the Department of Education, the
Rehabilitation Services Administration of
the Department of Education, the Office of
Disability
Employment Policy of the Department of
Labor, the National Institute on Disability, Independent Living, and
Rehabilitation Research, and other appropriate Federal entities in the
administration of this Act.
</quote>
; and
</text>
</clause>
<clause id="id534ea2a041a34272aa2b7c3a983f5d2d">
<enum>
(iii)
</enum>
<text>
in paragraph (3), by striking
<quote>
the Rehabilitation Services Administration
</quote>
and inserting
<quote>
the Administrator of the Administration for Community Living
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="id29cf57b668b54a0c89f75e32442983a1">
<enum>
(B)
</enum>
<text>
in subsection (c)(5), by striking
<quote>
Education
</quote>
and inserting
<quote>
Health and Human Services
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="id505C1B0CD3324118B0903459A8F5B181">
<enum>
492.
</enum>
<header>
Table of contents
</header>
<text display-inline="no-display-inline">
The table of contents in section 1(b) is amended—
</text>
<paragraph id="id273F5847EA7C4DA0B6C3795855C5B5CE">
<enum>
(1)
</enum>
<text>
by striking the item relating to section 109 and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id73D46B8E3B364ACEBE3D97F1F9E58EE5" reported-display-style="italic" style="OLC">
<toc changed="added" reported-display-style="italic">
<toc-entry bold="off" level="section">
Sec. 109. Training and services for employers.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="id3E61C33A1BA3445B9EBDAF21FE8FDA9F">
<enum>
(2)
</enum>
<text>
by inserting after the item relating to section 112 the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id6CDF7361184A49A998A3375E51121ACF" reported-display-style="italic" style="OLC">
<toc changed="added" reported-display-style="italic">
<toc-entry bold="off" level="section">
Sec. 113. Provision of pre-employment transition services.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="idC0D55A0C92B345B185D7762418853099">
<enum>
(3)
</enum>
<text>
by striking the item relating to section 202 and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id7CD18E2CC31542D49519968193F08363" reported-display-style="italic" style="OLC">
<toc changed="added" reported-display-style="italic">
<toc-entry bold="off" level="section">
Sec. 202. National Institute on Disability, Independent Living, and Rehabilitation Research.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="id869D287027EA4FDDB6AF657C3B5A23C7">
<enum>
(4)
</enum>
<text>
by striking the item relating to section 205 and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id3AED7A10CD304476AD65CA8C1E2AFE1A" reported-display-style="italic" style="OLC">
<toc changed="added" reported-display-style="italic">
<toc-entry bold="off" level="section">
Sec. 205. Disability, Independent Living, and Rehabilitation Research Advisory Council.
</toc-entry>
<toc-entry bold="off" level="section">
Sec. 206. Definition of covered school.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="id9EE7D95F1DB34475B917117D22D8EA2F">
<enum>
(5)
</enum>
<text>
by striking the items relating to sections 304, 305, and 306 and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="idBFDE909CDAD94CF7A60268FEE280DA15" reported-display-style="italic" style="OLC">
<toc changed="added" reported-display-style="italic">
<toc-entry bold="off" level="section">
Sec. 304. Measuring of project outcomes and performance.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="idE17087BCA6044B5DA77C9775A694D3E2">
<enum>
(6)
</enum>
<text>
by inserting after the item relating to section 509 the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id1F2F420BA94F4C33BE55F3ED4C52E002" reported-display-style="italic" style="OLC">
<toc changed="added" reported-display-style="italic">
<toc-entry bold="off" level="section">
Sec. 511. Limitations on use of subminimum wage.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="idE365C59E9A0748D7A26825F01B88FF1F">
<enum>
(7)
</enum>
<text>
by striking the items relating to title VI and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id331FDA626EB84171A51F65F7DFAF8FA2" reported-display-style="italic" style="OLC">
<toc changed="added" reported-display-style="italic">
<toc-entry bold="off" level="section">
TITLE VI—EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES
</toc-entry>
<toc-entry bold="off" level="section">
Sec. 601. Short title.
</toc-entry>
<toc-entry level="section">
Sec. 602. Purpose.
</toc-entry>
<toc-entry level="section">
Sec. 603. Allotments.
</toc-entry>
<toc-entry level="section">
Sec. 604. Availability of services.
</toc-entry>
<toc-entry level="section">
Sec. 605. Eligibility.
</toc-entry>
<toc-entry level="section">
Sec. 606. State plan.
</toc-entry>
<toc-entry level="section">
Sec. 607. Restriction.
</toc-entry>
<toc-entry level="section">
Sec. 608. Savings provision.
</toc-entry>
<toc-entry bold="off" level="section">
Sec. 609. Advisory Committee on Increasing Competitive Integrated Employment for Individuals with
Disabilities.
</toc-entry>
<toc-entry level="section">
Sec. 610. Authorization of appropriations.
</toc-entry>
</toc>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="idD4C72B134A1648F0A5FD77228BABF870">
<enum>
(8)
</enum>
<text>
in the items relating to title VII—
</text>
<subparagraph id="id143B96CCBFC94BBA86A974908476C180">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="idBAD1DE89B2844B56A93967FD8CE7F280">
<enum>
(i)
</enum>
<text>
by inserting after the item relating to section 701 the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id9251ECC2DB6C4A669BFFFFB055CCE314" reported-display-style="italic" style="OLC">
<toc changed="added" reported-display-style="italic">
<toc-entry bold="off" level="section">
Sec. 701A. Administration of the independent living program.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<continuation-text changed="added" continuation-text-level="subparagraph" reported-display-style="italic">
and
</continuation-text>
<clause changed="added" id="idC8B20E7DB8AC419C8C951DCB0F80BC9B" indent="up1" reported-display-style="italic">
<enum>
(ii)
</enum>
<text>
by striking the item relating to section 706 and inserting the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id2A9CB8ABCE094A84B50449A6778386A6" reported-display-style="italic" style="OLC">
<toc changed="added" reported-display-style="italic">
<toc-entry bold="off" level="section">
Sec. 706. Responsibilities of the Administrator.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="id05CB29638A94423CA781A13D319869F3">
<enum>
(B)
</enum>
<text>
by inserting after the item relating to section 711 the following:
</text>
<quoted-block display-inline="no-display-inline" id="id24B681AD46E844DF971D80EC155E1F80" style="OLC">
<toc changed="added" reported-display-style="italic">
<toc-entry bold="off" level="section">
Sec. 711A. Training and technical assistance.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
<continuation-text continuation-text-level="subparagraph">
and
</continuation-text>
</subparagraph>
<subparagraph id="idBD4B010D6A0940DA8338B7002B388115">
<enum>
(C)
</enum>
<text>
by inserting after the item relating to section 751 the following:
</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id45C2AE98D8DA4F50AABF0DFE19D1819F" reported-display-style="italic" style="OLC">
<toc changed="added" reported-display-style="italic">
<toc-entry bold="off" level="section">
Sec. 751A. Training and technical assistance.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
</subtitle>
</title>
<title id="id6F7C5161F7114B21979C3E9EC7338DD9" style="OLC">
<enum>
V
</enum>
<header>
General provisions
</header>
<subtitle id="id620A586BDB6B432DAB1FA83959FEFC27">
<enum>
A
</enum>
<header>
Workforce investment
</header>
<section id="idE03F5466DC7B4C7180528F0B51E54775">
<enum>
501.
</enum>
<header>
Privacy
</header>
<subsection id="id02EF0013BCEC4A7B9D17FF60F1FFEEEB">
<enum>
(a)
</enum>
<header>
Section 444 of the General Education Provisions Act
</header>
<text>
Nothing in this Act (including the amendments made by this Act) shall be construed to supersede the
privacy protections afforded parents and students under section 444 of the
General Education Provisions Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1232g">
20 U.S.C. 1232g
</external-xref>
).
</text>
</subsection>
<subsection id="ID8B7026ECCB6D4D05AC9A9BD274258719">
<enum>
(b)
</enum>
<header>
Prohibition on Development of National Database
</header>
<paragraph commented="no" display-inline="no-display-inline" id="ID69F568F3495E43D0A5DEDE31D1067F4A">
<enum>
(1)
</enum>
<header display-inline="yes-display-inline">
In general
</header>
<text display-inline="yes-display-inline">
Nothing in this Act (including the amendments made by this Act) shall be construed to permit the
development of a national database of personally identifiable information
on individuals receiving services under title I or under the amendments
made by title IV.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="IDCA58B3733B92492A9D8FCA9B15077F07">
<enum>
(2)
</enum>
<header display-inline="yes-display-inline">
Limitation
</header>
<text display-inline="yes-display-inline">
Nothing in paragraph (1) shall be construed to prevent the proper administration of national
programs under subtitles C and D of title I, or the amendments made by
title IV (as the case may be), or to carry out program management
activities consistent with title I or the amendments made by title IV (as
the case may be).
</text>
</paragraph>
</subsection>
</section>
<section commented="no" display-inline="no-display-inline" id="ID6864765BB03F48D48456C1866F8543AE" section-type="subsequent-section">
<enum>
502.
</enum>
<header display-inline="yes-display-inline">
Buy-American requirements
</header>
<subsection commented="no" display-inline="no-display-inline" id="IDB81FB7DCB7FC4ADDAE4036F2EAD1C154">
<enum>
(a)
</enum>
<header>
Compliance with buy american act
</header>
<text>
None of the funds made available under title I or II or under the Wagner-Peyser Act (29 U.S.C. 49
et seq.) may be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with sections 8301 through 8303
of title 41, United States Code (commonly known as the
<quote>
Buy American Act
</quote>
).
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="IDEA8EDE586B3D4F3EA1CA3A32C8355426">
<enum>
(b)
</enum>
<header>
Sense of congress; requirement regarding notice
</header>
<paragraph id="ID9810B59CA4EB4AE7A42B85CF14B48B6E">
<enum>
(1)
</enum>
<header>
Purchase of american-made equipment and products
</header>
<text>
In the case of any equipment or product that may be authorized to be purchased with financial
assistance provided using funds made available under title I or II or
under the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
), it is the sense of
Congress that entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
</text>
</paragraph>
<paragraph id="ID655AD82809564611A7D3478BA889612A">
<enum>
(2)
</enum>
<header>
Notice to recipients of assistance
</header>
<text>
In providing financial assistance using funds made available under title I or II or under the
Wagner-Peyser Act, the head of each Federal agency shall provide to each
recipient of the assistance a notice describing the statement made in
paragraph (1) by Congress.
</text>
</paragraph>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="IDC212AC0D7D4F4FD5A77EFC995ED860F7">
<enum>
(c)
</enum>
<header>
Prohibition of contracts with persons falsely labeling products as made in america
</header>
<text>
If it has been finally determined by a court or Federal agency that any person intentionally
affixed a label bearing a
<quote>
Made in America
</quote>
inscription, or any inscription with the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, the person shall be
ineligible to receive any contract or subcontract made with funds made
available under title I or II or under the Wagner-Peyser Act (29 U.S.C.
49 et seq.), pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code of
Federal Regulations, as such sections were in effect on August 7, 1998, or
pursuant to any successor regulations.
</text>
</subsection>
</section>
<section commented="no" display-inline="no-display-inline" id="idE450AB2FA7B9481D94125485FA7AE856">
<enum>
503.
</enum>
<header>
Transition provisions
</header>
<subsection id="ID3b8dab6527154a33be1bb429ddb30bf0">
<enum>
(a)
</enum>
<header>
Workforce development systems and investment activities
</header>
<text>
The Secretary of Labor and the Secretary of Education shall take such actions as the Secretaries
determine to be appropriate to provide for the orderly transition from any
authority under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.) to any authority under subtitle A of title I. Such actions shall
include the
provision of guidance related to unified State planning, combined State
planning, and the
performance accountability system described in such subtitle.
</text>
</subsection>
<subsection id="ID88d467ed9706499399c3139e522e34cb">
<enum>
(b)
</enum>
<header>
Workforce investment activities
</header>
<text>
The Secretary of Labor shall take such actions as the Secretary determines to be appropriate to
provide for the orderly transition from any authority under the Workforce
Investment Act of 1998 to any authority under subtitles B through E of
title I.
</text>
</subsection>
<subsection id="ID982937550626459b8f44e2d2088e4eeb">
<enum>
(c)
</enum>
<header>
Adult education and literacy programs
</header>
<text>
The Secretary of Education shall take such actions as the Secretary determines to be appropriate to
provide for the orderly transition from any authority under the Adult
Education and Family Literacy Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/9201">
20 U.S.C. 9201 et seq.
</external-xref>
), as in effect
on the day before the date of enactment of this Act, to any authority
under the Adult Education and Family Literacy Act, as amended by this Act.
</text>
</subsection>
<subsection id="ID5fd8f9c73b2d4ff8a61e0e82e116e911">
<enum>
(d)
</enum>
<header>
Employment services activities
</header>
<text>
The Secretary of Labor shall take such actions as the Secretary determines to be appropriate to
provide for the orderly transition from any authority under the
Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
), as in effect on the day before
the date of enactment of this Act, to any authority under the
Wagner-Peyser Act, as amended by this Act.
</text>
</subsection>
<subsection commented="no" id="ID533cb13644e443e8b03336752812115c">
<enum>
(e)
</enum>
<header>
Vocational rehabilitation programs
</header>
<text>
The Secretary of Education and the Secretary of Health and Human Services
shall take such actions as the Secretaries determine to be appropriate to
provide for the orderly transition from any authority under the
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
), as in effect on the
day before the date of enactment of this Act, to any authority under the
Rehabilitation Act of 1973, as amended by this Act.
</text>
</subsection>
<subsection id="ID1be0c5ab3b8e40299647f8322757e314">
<enum>
(f)
</enum>
<header>
Regulations
</header>
<paragraph commented="no" id="ID5e42e1cee47548e89df55eb42e21f660">
<enum>
(1)
</enum>
<header>
Proposed regulations
</header>
<text>
Not later than 180 days after the date of enactment of this Act, the Secretary of Labor, the
Secretary of Education, and the Secretary of Health and Human Services, as
appropriate, shall develop and publish in the Federal Register proposed
regulations relating to the transition to, and implementation of, this Act
(including the amendments made by this Act).
</text>
</paragraph>
<paragraph commented="no" id="ID8af69db588c042138a38286dce5f59a9">
<enum>
(2)
</enum>
<header>
Final regulations
</header>
<text>
Not later than 18 months after the date of enactment of this Act, the Secretaries described in
paragraph (1), as appropriate, shall develop and publish in the Federal
Register final regulations relating to the transition to, and
implementation of, this Act (including the amendments made by this Act).
</text>
</paragraph>
</subsection>
<subsection id="ID24176d683b4d4d0ea130edf17f57d82d">
<enum>
(g)
</enum>
<header>
Expenditure of funds during transition
</header>
<paragraph commented="no" id="ID081920e9ca534f9dbf31c8e467492cca">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Subject to paragraph (2) and in accordance with regulations developed under subsection (f), States,
grant recipients, administrative entities, and other recipients of
financial assistance under the Workforce Investment Act of 1998 may expend
funds received under such Act in order to plan and
implement programs and activities authorized under this Act.
</text>
</paragraph>
<paragraph id="ID0f9b546f1b1c411eb9c0a89dd9d29de6">
<enum>
(2)
</enum>
<header>
Additional requirements
</header>
<text>
Not more than 2 percent of any allotment to any State from amounts appropriated under the Workforce
Investment Act of 1998 for fiscal year 2014 may be made available to carry
out activities authorized under paragraph (1) and not less than 50 percent
of any amount used to carry out activities authorized under paragraph (1)
shall be made available to local entities for the purposes of the
activities described in such paragraph.
</text>
</paragraph>
</subsection>
</section>
<section commented="no" id="id661E4A6A4D914FB59C3A56548F068A39">
<enum>
504.
</enum>
<header>
Reduction of reporting burdens and requirements
</header>
<text display-inline="no-display-inline">
In order to simplify reporting requirements and reduce reporting burdens, the Secretary of Labor,
the Secretary of Education, and the Secretary of Health and Human Services
shall establish procedures and criteria under which a State board and
local board may reduce reporting burdens and requirements under this Act
(including the amendments made by this Act).
</text>
</section>
<section id="id8A15F9AE97F14E608D710CF84C164007">
<enum>
505.
</enum>
<header>
Report on data capability of Federal and State databases and data exchange agreements
</header>
<subsection id="idbf64dbd86f924367888e939e82928b40">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
The Comptroller General of the
United States shall prepare and submit an interim report and a final
report to Congress regarding existing Federal and
State databases and data exchange agreements, as of the date of the
report, that contain job training information relevant to the
administration of programs authorized under this Act and the amendments
made by this Act.
</text>
</subsection>
<subsection id="idb2a447e8054c48f78220fd560c0d47a2">
<enum>
(b)
</enum>
<header>
Requirements
</header>
<text>
The report required under subsection (a) shall—
</text>
<paragraph id="id543EAEDA94084908A32B155CECDDF4C3">
<enum>
(1)
</enum>
<text>
list existing Federal and State databases and data exchange agreements described in subsection (a)
and, for each, describe—
</text>
<subparagraph id="idd07931bdd3bc42bfb37a230a67123720">
<enum>
(A)
</enum>
<text>
the purposes of the database or agreement;
</text>
</subparagraph>
<subparagraph id="id4590f09a92a1412e9e33c1bd29c5100d">
<enum>
(B)
</enum>
<text>
the data elements, such as wage and employment outcomes, contained in the database or accessible
under the agreement;
</text>
</subparagraph>
<subparagraph id="id39dfcc1d68f7412495511421be871588">
<enum>
(C)
</enum>
<text>
the data elements described in subparagraph (B) that are shared between States;
</text>
</subparagraph>
<subparagraph id="idff05da498ceb4a5189ae765a46f07ae4">
<enum>
(D)
</enum>
<text>
the Federal and State workforce training programs from which each Federal and State database
derives the data elements described in subparagraph (B);
</text>
</subparagraph>
<subparagraph id="id7228962a8735469587b3e8cd17e189cb">
<enum>
(E)
</enum>
<text>
the number and type of Federal and State agencies having access to such data;
</text>
</subparagraph>
<subparagraph id="ida54e73dff4d247bb9ccf1cd79aa3095b">
<enum>
(F)
</enum>
<text>
the number and type of private research organizations having access to, through grants, contracts,
or other agreements, such data; and
</text>
</subparagraph>
<subparagraph id="id5c3ee2213247476eb261e5b299e7254b">
<enum>
(G)
</enum>
<text>
whether the database or data exchange agreement provides for opt-out procedures for individuals
whose data is shared through the database or data exchange agreement;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="id721a6048ae714ac4a0e6b7c3d932997b">
<enum>
(2)
</enum>
<text>
study the effects that access by State workforce agencies and the Secretary of Labor to the
databases and data exchange agreements described in subsection (a) would
have on efforts to carry out this Act and the amendments made by this
Act, and on individual privacy;
</text>
</paragraph>
<paragraph commented="no" id="idd997a46387c84b0bb396f90d3b52c089">
<enum>
(3)
</enum>
<text>
explore opportunities to enhance the quality, reliability, and reporting frequency of the data
included in such databases and data exchange agreements;
</text>
</paragraph>
<paragraph id="id2cd7fdfbeb6341a0a1a7d277f972ae44">
<enum>
(4)
</enum>
<text>
describe, for each database or data exchange agreement considered by the study described in
subsection (a), the number of individuals whose data is contained in each
database or accessible through the data agreement, and the specific data
elements contained in each that could be used to personally identify an
individual;
</text>
</paragraph>
<paragraph id="id531ac22ab9564b7d98fcbf8c4af69c5f">
<enum>
(5)
</enum>
<text>
include the number of data breaches having occurred since 2004 to data systems administered by
Federal and State agencies;
</text>
</paragraph>
<paragraph id="id6EE49A4FF1A54900AFD8176EBA2D38AD">
<enum>
(6)
</enum>
<text>
include the number of data breaches regarding any type of personal data having occurred since 2004
to private research organizations with whom Federal and State agencies
contract for studies; and
</text>
</paragraph>
<paragraph id="idED4B13829E664A88B669746C8407831C">
<enum>
(7)
</enum>
<text>
include a survey of the security protocols used for protecting personal data, including best
practices
shared amongst States for access to, and administration of, data elements
stored and recommendations for improving security protocols for the safe
warehousing of data elements.
</text>
</paragraph>
</subsection>
<subsection id="id7D202CC18F7048F8B79B299DEEAD63BD">
<enum>
(c)
</enum>
<header>
Timing of reports
</header>
<paragraph id="id58242DA57B054CBABEA135C85680F6EC">
<enum>
(1)
</enum>
<header>
Interim report
</header>
<text>
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall
prepare and submit to Congress an interim report regarding the initial
findings of the report required under this section.
</text>
</paragraph>
<paragraph id="idE5074D9D33814403AC7267D2DF0F08AD">
<enum>
(2)
</enum>
<header>
Final report
</header>
<text>
Not later than 18 months after the date of enactment of this Act, the Comptroller General shall
prepare and submit to Congress the final report required under this
section.
</text>
</paragraph>
</subsection>
</section>
<section id="idDD51E37E0AA24BACAB2B06351EEA3CE8">
<enum>
506.
</enum>
<header>
Effective dates
</header>
<subsection id="id9E96D4BC0E0F46048F34F04A79D6E39C">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Except as otherwise provided in this Act, this Act, including the amendments made by this Act,
shall take
effect on the first day of the first full program year after the date of
enactment of this Act.
</text>
</subsection>
<subsection id="id6D4C803481AD459B8B9EE561F1BBDB01">
<enum>
(b)
</enum>
<header>
Application date for workforce development performance accountability system
</header>
<paragraph id="idFF7CF44BC07F4BF29CC023396F537EB0">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Section 136 of the Workforce Investment Act of 1998 (29 U.S.C.
2871), as in effect on the day before the date of enactment of this Act,
shall apply in lieu of section 116 of this Act, for the first full program
year after the date of enactment of this Act.
</text>
</paragraph>
<paragraph id="id8CC0AC80C7984601BA919EB3DF547ADA">
<enum>
(2)
</enum>
<header>
Special provisions
</header>
<text>
For purposes of the application described in paragraph (1)—
</text>
<subparagraph id="idA9085F5C97724DA2B26F1C66E9DC0D1D">
<enum>
(A)
</enum>
<text>
except as otherwise specified, a reference in section 136 of the Workforce
Investment Act of 1998 to a provision in such Act (29
U.S.C. 2801 et seq.), other than to a provision in such section or section
112 of such Act, shall be
deemed to refer
to the corresponding provision of this Act;
</text>
</subparagraph>
<subparagraph id="idE858123161654DF49280486B7EA55E8F">
<enum>
(B)
</enum>
<text>
the terms
<term>
local area
</term>
,
<quote>
local board
</quote>
,
<term>
one-stop partner
</term>
, and
<term>
State board
</term>
have the meanings given the terms in section 3 of this Act;
</text>
</subparagraph>
<subparagraph id="id3E827D94921040F58A770836D563CB84">
<enum>
(C)
</enum>
<text>
except as provided in subparagraph (B), terms used in such section 136 shall have the meanings
given the terms in section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801);
</text>
</subparagraph>
<subparagraph id="id78A28E7FF42E4DC69CBF458C40CF1223">
<enum>
(D)
</enum>
<text>
any agreement negotiated and reached under section 136(c)(2) of the Workforce Investment Act of
1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2871">
29 U.S.C. 2871(c)(2)
</external-xref>
) shall remain in effect, until a new agreement
is so negotiated and reached, for that first full program year;
</text>
</subparagraph>
<subparagraph id="id56E552AB61E448B784F10D21AF03AE85">
<enum>
(E)
</enum>
<text>
if a State or local area fails to meet levels of performance under subsection (g) or (h),
respectively, of section
136 of the Workforce Investment Act of 1998 during that first full program
year, the sanctions provided under
such subsection shall apply during the second full program year after the
date of enactment of this Act; and
</text>
</subparagraph>
<subparagraph id="id511AE260B9BE4523BBAB1DC3A0820338">
<enum>
(F)
</enum>
<text>
the Secretary shall use an amount retained, as a result of a reduction in an allotment to a State
made under section 136(g)(1)(B) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2871">
29 U.S.C. 2871(g)(1)(B)
</external-xref>
), to
provide technical assistance as described in subsections (f)(1) and (g)(1)
of section 116 of this Act, in lieu of incentive grants under section 503
of the Workforce Investment Act of 1998 (20 U.S.C.
9273) as provided in section 136(g)(2) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2871">
29 U.S.C. 2871(g)(2)
</external-xref>
).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="idD3592155A1A247E096BE1AA4639F361F">
<enum>
(c)
</enum>
<header>
Application date for State and local plan provisions
</header>
<paragraph id="id5CFC684CE2E64AC8A04E47A22EBCE896">
<enum>
(1)
</enum>
<header>
Implementation
</header>
<text>
Sections 112 and 118 of the Workforce Investment Act of 1998 (29 U.S.C.
2822, 2833), as in effect on the day before the date of enactment of this
Act,
shall apply to implementation of State and local plans, in lieu of
sections 102 and 103, and section 108, respectively, of this Act, for the
first full program year after the date of enactment of this Act.
</text>
</paragraph>
<paragraph id="id8D560D23B42A4A5C891C99915A69707B">
<enum>
(2)
</enum>
<header>
Special provisions
</header>
<text>
For purposes of the application described in paragraph (1)—
</text>
<subparagraph id="id51EA7B633F424793857C68B92FD0D739">
<enum>
(A)
</enum>
<text>
except as otherwise specified, a reference in section 112 or 118 of the Workforce
Investment Act of 1998 to a provision in such Act (29
U.S.C. 2801 et seq.), other than to a provision in or to either such
section or to section 136 of such Act, shall be
deemed to refer
to the corresponding provision of this Act;
</text>
</subparagraph>
<subparagraph id="idC163E105386F4128A9DA19847A7B760C">
<enum>
(B)
</enum>
<text>
the terms
<term>
local area
</term>
,
<quote>
local board
</quote>
,
<term>
one-stop partner
</term>
, and
<term>
State board
</term>
have the meanings given the terms in section 3 of this Act;
</text>
</subparagraph>
<subparagraph id="idA34806277E7140F89D04C36A2FE96D6E">
<enum>
(C)
</enum>
<text>
except as provided in subparagraph (B), terms used in such section 112 or 118 shall have the
meanings
given the terms in section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801); and
</text>
</subparagraph>
<subparagraph id="id08003AE19D8A40EEA74E991C29A6B839">
<enum>
(D)
</enum>
<text>
section 112(b)(18)(D) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b)(18)(D)) shall not
apply.
</text>
</subparagraph>
</paragraph>
<paragraph id="id55E4B65C84CF4FDDBC61AED26D42AB0F">
<enum>
(3)
</enum>
<header>
Submission
</header>
<text>
Sections 102, 103, and 108 of this Act shall apply to plans for the second full program year after
the date of enactment, including the development, submission, and approval
of such plans during the first full program year after such date.
</text>
</paragraph>
</subsection>
<subsection id="idE0113AEE5F87486EAB787B4CF9DB57D9">
<enum>
<added-phrase reported-display-style="italic">
(d)
</added-phrase>
</enum>
<header>
Disability provisions
</header>
<text>
Except as otherwise provided in title IV of this Act, title IV, and the amendments made by title
IV, shall take effect on the date of enactment of this Act.
</text>
</subsection>
</section>
</subtitle>
<subtitle id="id265D074516854821BA303421A53B1DFB">
<enum>
B
</enum>
<header>
Amendments to other laws
</header>
<section id="id06E3AF59271241D3979AEE1CECB92E32" section-type="subsequent-section">
<enum>
511.
</enum>
<header>
Repeal of the Workforce Investment Act of 1998
</header>
<subsection id="id8FE5C514B03E4403B672281778ADC482">
<enum>
(a)
</enum>
<header>
Workforce Investment Act of 1998
</header>
<text display-inline="yes-display-inline">
The Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
) is repealed.
</text>
</subsection>
<subsection id="id1A56CDA22E62420B8EF6E45CE65273B8">
<enum>
(b)
</enum>
<header>
Grants to States for workplace and community transition training for incarcerated individuals
</header>
<text>
Section 821 of the Higher Education Amendments of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1151">
20 U.S.C. 1151
</external-xref>
) is repealed.
</text>
</subsection>
</section>
<section id="idA3CD710B03F64424B357D51658D89A6E">
<enum>
512.
</enum>
<header>
Conforming amendments
</header>
<subsection id="id871C2C5DE7F845E6896F52D5625EF38C">
<enum>
(a)
</enum>
<header>
American Competitiveness and Workforce Improvement Act of 1998
</header>
<text>
Section 414(c)(3)(C) of the American Competitiveness and Workforce Improvement Act of 1998 (29
U.S.C. 2916a(3)(C)) is amended by striking
<quote>
entities involved in administering the workforce investment system established under title I of the
Workforce Investment Act of 1998
</quote>
and inserting
<quote>
entities involved in administering the workforce development system, as defined in section 3 of
the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="id3553C72ED3664FB6B8D641FDA40F2C97">
<enum>
(b)
</enum>
<header>
Assistive Technology Act of 1998
</header>
<text>
The Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3001">
29 U.S.C. 3001 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="idB6E420C72A704EFF94C2FE8A1D987F97">
<enum>
(1)
</enum>
<text>
Section 3(1)(C) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/3002">
29 U.S.C. 3002(1)(C)
</external-xref>
) is amended by striking
<quote>
such as a one-stop partner, as defined in section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801)
</quote>
and inserting
<quote>
such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="id107D719FFE514F7FA8C1757A272D46BB">
<enum>
(2)
</enum>
<text>
Section 4 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/3003">
29 U.S.C. 3003
</external-xref>
) is amended—
</text>
<subparagraph id="idBA76BBA7CA7E41719AD494C8E786E2E6">
<enum>
(A)
</enum>
<text>
in subsection (c)(2)(B)(i)(IV), by striking
<quote>
a representative of the State workforce investment board established under section 111 of the
Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2821">
29 U.S.C. 2821
</external-xref>
)
</quote>
and inserting
<quote>
a representative of the State workforce development board established under section 101 of the
Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idAB09190CEEA04DF8A865E76C89535C0A">
<enum>
(B)
</enum>
<text>
in subsection (e)—
</text>
<clause id="idAB2AAF95FDBF46F682B10A54651CC626">
<enum>
(i)
</enum>
<text>
in paragraph (2)(D)(i), by striking
<quote>
such as one-stop partners, as defined in section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801),
</quote>
and inserting
<quote>
such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act,
</quote>
; and
</text>
</clause>
<clause id="id080F106BFAAF4CAAA48626DB40CD5379">
<enum>
(ii)
</enum>
<text>
in paragraph (3)(B)(ii)(I)(aa), by striking
<quote>
with entities in the statewide and local workforce investment systems established under the
Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
),
</quote>
and inserting
<quote>
with entities in the statewide and local workforce development systems established under the
Workforce Innovation and Opportunity Act,
</quote>
.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="id264678ADDE9D4BA5B4F27CF502BE0CFD">
<enum>
(c)
</enum>
<header>
Alaska Natural Gas Pipeline Act
</header>
<text>
Section 113(a)(2) of the Alaska Natural Gas Pipeline Act (
<external-xref legal-doc="usc" parsable-cite="usc/15/720k">
15 U.S.C. 720k(a)(2)
</external-xref>
) is amended by
striking
<quote>
consistent with the vision and goals set forth in the State of Alaska Unified Plan, as developed
pursuant to the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
consistent with the vision and goals set forth in the State of Alaska unified plan or combined
plan, as appropriate, as developed pursuant to section 102 or 103,
as appropriate, of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="idF151F84FDF6641B4A066D4173B81CE22">
<enum>
(d)
</enum>
<header>
Atomic Energy Defense Act
</header>
<text>
Section 4604(c)(6)(A) of the Atomic Energy Defense Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/2704">
50 U.S.C. 2704(c)(6)(A)
</external-xref>
) is amended by
striking
<quote>
programs carried out by the Secretary of Labor under the Job Training Partnership Act or title I of
the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
programs carried out by the Secretary of Labor under title I of the Workforce Innovation and
Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="id646E68977E9F4BD2BE995BC2BE2D3AC5">
<enum>
(e)
</enum>
<header>
Carl D. Perkins Career and Technical Education Act of 2006
</header>
<text>
The Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2301">
20 U.S.C. 2301 et seq.
</external-xref>
) is amended
as follows:
</text>
<paragraph commented="no" id="id2FD045E521AD444D9F01DA5381BB4188">
<enum>
(1)
</enum>
<text>
Section 118(d)(2) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/2328">
20 U.S.C. 2328(d)(2)
</external-xref>
) is amended—
</text>
<subparagraph commented="no" id="id1FA9E564A11F4E13949FE2B17380B051">
<enum>
(A)
</enum>
<text>
in the paragraph heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Public law 105–220
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
Workforce Innovation and Opportunity Act
</header-in-text>
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="id518033CCB00F4132954FCAC3443D8AF5">
<enum>
(B)
</enum>
<text>
by striking
<quote>
functions and activities carried out under
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
</quote>
and inserting
<quote>
functions and activities carried out under the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="id7A655CB4741C4C8FA1FBFBBC6D9A3DDB">
<enum>
(2)
</enum>
<text>
Section 121(a)(4) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/2341">
20 U.S.C. 2341(a)(4)
</external-xref>
) is amended—
</text>
<subparagraph id="id77F58E8CBF9F42C08D12B78208716A78">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
activities undertaken by the State boards under section 111 of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
</quote>
and inserting
<quote>
activities undertaken by the State boards under section 101 of the Workforce Innovation and
Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id48308D7E8A7A498390FD48FADD5E97CC">
<enum>
(B)
</enum>
<text>
in subparagraph (B), by striking
<quote>
the service delivery system under section 121 of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
</quote>
and inserting
<quote>
the one-stop delivery system under section 121 of the Workforce Innovation and Opportunity
Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="id278B9AE3E4F74FEF920875D16251239F">
<enum>
(3)
</enum>
<text>
Section 122 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/2342">
20 U.S.C. 2342
</external-xref>
) is amended—
</text>
<subparagraph id="id2D2EC8656EBC495BBD64C06FA3EEA035">
<enum>
(A)
</enum>
<text>
in subsection (b)(1)(A)(viii), by striking
<quote>
entities participating in activities described in section 111 of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
</quote>
and inserting
<quote>
entities participating in activities described in section 101 of the Workforce Innovation and
Opportunity Act
</quote>
;
</text>
</subparagraph>
<subparagraph id="id12FE974E11A84EEE9A3E96F6118D4F49">
<enum>
(B)
</enum>
<text>
in subsection (c)(20), by striking
<quote>
the description and information specified in sections 112(b)(8) and 121(c) of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
concerning the provision of services only for postsecondary students and
school dropouts
</quote>
and inserting
<quote>
the description and information specified in subparagraphs (B) and (C)(iii) of section 102(b)(2),
and, as appropriate, section 103(b)(3)(A), and section 121(c), of the
Workforce Innovation and Opportunity Act concerning the provision of
services only
for postsecondary students and school dropouts
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id8A82637FD3FA4E5A901126E57D338001">
<enum>
(C)
</enum>
<text>
in subsection (d)(2)—
</text>
<clause id="id3D99E5F3D3844F93B2822CD134D88EF2">
<enum>
(i)
</enum>
<text>
in the paragraph heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
501 plan
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
combined plan
</header-in-text>
</quote>
; and
</text>
</clause>
<clause id="id483C9C826FBC479D9A5999585ADF52B3">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
as part of the plan submitted under section 501 of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
</quote>
and inserting
<quote>
as part of the plan submitted under section 103 of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id05C7171BAFB34D609FC55A0D3863671B">
<enum>
(4)
</enum>
<text>
Section 124(c)(13) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/2344">
20 U.S.C. 2344(c)(13)
</external-xref>
) is amended by striking
<quote>
such as through referral to the system established under section 121 of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
</quote>
and inserting
<quote>
such as through referral to the system established under section 121 of the Workforce Innovation
and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="idEF13E7C2FF68493B8F317325A3F2153A">
<enum>
(5)
</enum>
<text>
Section 134(b)(5) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/2354">
20 U.S.C. 2354(b)(5)
</external-xref>
) is amended by striking
<quote>
entities participating in activities described in section 117 of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
(if applicable)
</quote>
and inserting
<quote>
entities participating in activities described in section 107 of the Workforce Innovation and
Opportunity Act (if applicable)
</quote>
.
</text>
</paragraph>
<paragraph id="id0108F394F50F4AA786E963F57A70C951">
<enum>
(6)
</enum>
<text>
Section 135(c)(16) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/2355">
20 U.S.C. 2355(c)(16)
</external-xref>
) is amended by striking
<quote>
such as through referral to the system established under section 121 of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
(29
U.S.C. 2801 et seq.)
</quote>
and inserting
<quote>
such as through referral to the system established under section 121 of the Workforce Innovation
and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="id46328087D1B347B4A0DED15CE89930DE">
<enum>
(7)
</enum>
<text>
Section 321(b)(1) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/2411">
20 U.S.C. 2411(b)(1)
</external-xref>
) is amended by striking
<quote>
Chapters 4 and 5 of subtitle B of title I of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
</quote>
and inserting
<quote>
Chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="idB51B4A0F03494AF5AFDBF7370BFD6FF8">
<enum>
(f)
</enum>
<header>
Community Services Block Grant Act
</header>
<text>
Section 676(b)(5) of the Community Services Block Grant Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/9908">
42 U.S.C. 9908(b)(5)
</external-xref>
) is amended by
striking
<quote>
the eligible entities will coordinate the provision of employment and training activities, as
defined in section 101 of such Act, in the State and in communities with
entities providing activities through statewide and local workforce
investment systems under the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
the eligible entities will coordinate the provision of employment and training activities, as
defined in section 3 of the Workforce Innovation and Opportunity Act, in
the
State and in communities with entities providing activities through
statewide and local workforce development systems under such Act
</quote>
.
</text>
</subsection>
<subsection id="idE6542376F32A4074A44E22146794558B">
<enum>
(g)
</enum>
<header>
Compact of Free Association Amendments Act of 2003
</header>
<text>
The Compact of Free Association Amendments Act of 2003 (
<external-xref legal-doc="usc" parsable-cite="usc/48/1921">
48 U.S.C. 1921 et seq.
</external-xref>
) is amended as
follows:
</text>
<paragraph id="id3078D3A338CE487FAD65C267B1BC434B">
<enum>
(1)
</enum>
<text>
Section 105(f)(1)(B)(iii) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/48/1921d">
48 U.S.C. 1921d(f)(1)(B)(iii)
</external-xref>
) is amended by striking
<quote>
title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
), other than subtitle C of
that Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2881">
29 U.S.C. 2881 et seq.
</external-xref>
) (Job Corps), title II of the Workforce
Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/20/9201">
20 U.S.C. 9201 et seq.
</external-xref>
; commonly known as the
Adult Education and Family Literacy Act),
</quote>
and inserting
<quote>
titles I (other than subtitle C) and II of the Workforce Innovation and Opportunity Act,
</quote>
.
</text>
</paragraph>
<paragraph id="id3801EEEE7EB441908D3EE835AB84B0E4">
<enum>
(2)
</enum>
<text>
Section 108(a) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/48/1921g">
48 U.S.C. 1921g(a)
</external-xref>
) is amended by striking
<quote>
subtitle C of title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2881">
29 U.S.C. 2881 et seq.
</external-xref>
; relating to
Job Corps)
</quote>
and inserting
<quote>
subtitle C of title I of the Workforce Innovation and Opportunity Act (relating to Job Corps)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="id9684A1131AE246B29DA2EC5434B0D0B7">
<enum>
(h)
</enum>
<header>
Domestic Volunteer Service Act of 1973
</header>
<text>
Section 103(d) of the Domestic Volunteer Service Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/42/4953">
42 U.S.C. 4953(d)
</external-xref>
) is amended by
striking
<quote>
employment.
</quote>
and all that follows and inserting the following:
<quote>
employment. Whenever feasible, such efforts shall be coordinated with an appropriate local
workforce development board established under section 107 of the Workforce
Innovation and Opportunity Act.
</quote>
.
</text>
</subsection>
<subsection id="id26FC8295A4DC4C2E80301818069A6453">
<enum>
(i)
</enum>
<header>
Elementary and Secondary Education Act of 1965
</header>
<text>
The Elementary and Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/6301">
20 U.S.C. 6301 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="id220560A13C0348F995C87F5BDD5E888E">
<enum>
(1)
</enum>
<text>
Section 1203(c)(2)(A) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/6363">
20 U.S.C. 6363(c)(2)(A)
</external-xref>
) is amended—
</text>
<subparagraph id="idCAB0F61E48314B17A7C656B756781495">
<enum>
(A)
</enum>
<text>
by striking
<quote>
, in consultation with the National Institute for Literacy,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id0C9876A6966B49DB92F11C9253B6F486">
<enum>
(B)
</enum>
<text>
by striking clause (ii); and
</text>
</subparagraph>
<subparagraph id="id4D40D56200264651B416F23C55D99866">
<enum>
(C)
</enum>
<text>
by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively.
</text>
</subparagraph>
</paragraph>
<paragraph id="id2C1BF018456244B4B1F2A8407D761D81">
<enum>
(2)
</enum>
<text>
Section 1235(9)(B) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/6381d">
20 U.S.C. 6381d(9)(B)
</external-xref>
) is amended by striking
<quote>
any relevant programs under the Adult Education and Family Literacy Act, the Individuals with
Disabilities Education Act, and title I of the Workforce Investment Act of
1998
</quote>
and inserting
<quote>
any relevant programs under the Adult Education and Family Literacy Act, the Individuals with
Disabilities Education Act, and title I of the Workforce Innovation and
Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="id76C6A9A62BBB43798389149AE2B463AD">
<enum>
(3)
</enum>
<text>
Section 1423(9) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/6453">
20 U.S.C. 6453(9)
</external-xref>
) is amended by striking
<quote>
a description of how the program under this subpart will be coordinated with other Federal, State,
and local programs, such as programs under title I of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
</quote>
and inserting
<quote>
a description of how the program under this subpart will be coordinated with other Federal, State,
and local programs, such as programs under title I of the
Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="id7CE5781C17E54F779BA999EAD40185F2">
<enum>
(4)
</enum>
<text>
Section 1425(9) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/6455">
20 U.S.C. 6455(9)
</external-xref>
) is amended by striking
<quote>
coordinate funds received under this subpart with other local, State, and Federal funds available
to provide services to participating children and youth, such as funds
made available under title I of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
,
</quote>
and inserting
<quote>
coordinate funds received under this subpart with other local, State, and Federal funds available
to provide services to participating children and youth, such as funds
made available under title I of the Workforce Innovation and Opportunity
Act,
</quote>
.
</text>
</paragraph>
<paragraph id="id952EF8A6E9C7415D99B368D125C6A399">
<enum>
(5)
</enum>
<text>
Section 7202(13)(H) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/7512">
20 U.S.C. 7512(13)(H)
</external-xref>
) is amended by striking
<quote>
the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="id0F176CCC55E545509D714FBE7D324B5F">
<enum>
(j)
</enum>
<header>
Environmental Programs Assistance Act of 1984
</header>
<text>
Section 2(a) of the Environmental Programs Assistance Act of 1984 (
<external-xref legal-doc="usc" parsable-cite="usc/42/4368a">
42 U.S.C. 4368a(a)
</external-xref>
) is amended
by striking
<quote>
Funding for such grants or agreements may be made available from such programs or through title V
of the Older Americans Act of 1965 and subtitle D of title I of the
Workforce Investment Act of 1998
</quote>
and inserting
<quote>
Funding for such grants or agreements may be made available from such programs or through title V
of the Older Americans Act of 1965 and subtitle D of title I of the
Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="id475DCB69E2B448C88A4BB0435ADAD7FF">
<enum>
(k)
</enum>
<header>
Energy Conservation and Production Act
</header>
<text>
Section 414(b)(3) of the Energy Conservation and Production Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/6864">
42 U.S.C. 6864(b)(3)
</external-xref>
) is amended
by striking
<quote>
securing, to the maximum extent practicable, the services of volunteers and training participants
and public service employment workers, pursuant to title I of the
Workforce Investment Act of 1998
</quote>
and inserting
<quote>
securing, to the maximum extent practicable, the services of volunteers and training participants
and public service employment workers, pursuant to title I of the
Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="id1696BFFC4C934BCA80F47E7C022A5A47">
<enum>
(l)
</enum>
<header>
Food and Nutrition Act of 2008
</header>
<text>
The Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2011">
7 U.S.C. 2011 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph commented="no" id="id07EBB54683DD4B74BF38153A137F8245">
<enum>
(1)
</enum>
<text>
Section 5(l) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/7/2014">
7 U.S.C. 2014(l)
</external-xref>
) is amended by striking
<quote>
Notwithstanding section 181(a)(2) of the Workforce Investment Act of 1998, earnings to individuals
participating in on-the-job-training under title I of the Workforce
Investment Act of 1998
</quote>
and inserting
<quote>
Notwithstanding section 181(a)(2) of the Workforce Innovation and Opportunity Act, earnings to
individuals
participating in on-the-job training under title I of such Act
</quote>
.
</text>
</paragraph>
<paragraph id="id06144F4E0BEE482585B42E529D7EFAC6">
<enum>
(2)
</enum>
<text>
Section 6 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/7/2015">
7 U.S.C. 2015
</external-xref>
) is amended—
</text>
<subparagraph id="id0CCAF001CFCF4DB4B02E8B4864E0DB78">
<enum>
(A)
</enum>
<text>
in subsection (d)(4)(M), by striking
<quote>
activities under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
activities under title I of the Workforce Innovation and Opportunity Act
</quote>
;
</text>
</subparagraph>
<subparagraph id="id57606307DD6C4F5EA5B9FFEECE713D83">
<enum>
(B)
</enum>
<text>
in subsection (e)(3)(A), by striking
<quote>
a program under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
a program under title I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id82179A52DD49466896263199C109D989">
<enum>
(C)
</enum>
<text>
in subsection (o)(1)(A), by striking
<quote>
a program under the title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
a program under title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="id428C6B00B64443BA95F2CFD0D26302B6">
<enum>
(3)
</enum>
<text>
Section 17(b)(2) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/7/2026">
7 U.S.C. 2026(b)(2)
</external-xref>
) is amended by striking
<quote>
a program carried out under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
a program carried out under title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="idA17A3FE4E06747ED8208EFABD67E6E7C">
<enum>
(m)
</enum>
<header>
Full Employment and Balanced Growth Act of 1978
</header>
<text>
Section 206 of the Full Employment and Balanced Growth Act of 1978 (
<external-xref legal-doc="usc" parsable-cite="usc/15/3116">
15 U.S.C. 3116
</external-xref>
) is amended—
</text>
<paragraph id="id535F8D516DC846A4B31F2A8AA87B74E0">
<enum>
(1)
</enum>
<text>
in subsection (b), in the matter preceding paragraph (1), by striking
<quote>
the Secretary of Labor shall, as appropriate, fully utilize the authority provided under the Job
Training Partnership Act and title I of the Workforce Investment Act of
1998
</quote>
and inserting
<quote>
the Secretary of Labor shall, as appropriate, fully utilize the authority provided under title I of
the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</paragraph>
<paragraph id="id30BC32875E9A40C78AE6E4D6CE7429A3">
<enum>
(2)
</enum>
<text>
in subsection (c)(1), by striking
<quote>
the President shall, as may be authorized by law, establish reservoirs of public employment and
private nonprofit employment projects, to be approved by the Secretary of
Labor, through expansion of title I of the Workforce Investment Act of
1998
</quote>
and inserting
<quote>
the President shall, as may be authorized by law, establish reservoirs of public employment and
private nonprofit employment projects, to be approved by the Secretary of
Labor, through expansion of activities under title I of the
Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="id690C62BA63734818AD5B333D02DB6111">
<enum>
(n)
</enum>
<header>
Higher Education Act of 1965
</header>
<text>
The Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1001">
20 U.S.C. 1001 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="idC2948AE762514EA596700DFAB9CAA8D5">
<enum>
(1)
</enum>
<text>
Section 418A of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1070d-2">
20 U.S.C. 1070d–2
</external-xref>
) is amended—
</text>
<subparagraph id="idEBBA14EA0FBD42DCB88F222D215339B7">
<enum>
(A)
</enum>
<text>
in subsection (b)(1)(B)(ii), by striking
<quote>
section 167 of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
section 167 of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idBA8B9AC2A8CB4918B1C06B5EBF2E2842">
<enum>
(B)
</enum>
<text>
in subsection (c)(1)(A), by striking
<quote>
section 167 of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
section 167 of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="id8B2CDA27A4C948D0ACA767179FC13648">
<enum>
(2)
</enum>
<text>
Section 479(d)(1) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1087ss">
20 U.S.C. 1087ss(d)(1)
</external-xref>
) is amended by striking
<quote>
The term
<term>
dislocated worker
</term>
has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801)
</quote>
and inserting
<quote>
The term
<term>
dislocated worker
</term>
has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="idE6238F9A50D8425AAFFE8D4DF5F55461">
<enum>
(3)
</enum>
<text>
Section 479A(a) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1087tt">
20 U.S.C. 1087tt(a)
</external-xref>
) is amended by striking
<quote>
a dislocated worker (as defined in section 101 of the Workforce Investment Act of 1998)
</quote>
and inserting
<quote>
a dislocated worker (as defined in section 3 of the Workforce Innovation and Opportunity Act)
</quote>
.
</text>
</paragraph>
<paragraph id="idF3A998BF60DB4A01A1E28EF40009FDD4">
<enum>
(4)
</enum>
<text>
Section 480(b)(1)(I) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1087vv">
20 U.S.C. 1087vv(b)(1)(I)
</external-xref>
) is amended by striking
<quote>
benefits received through participation in employment and training activities under title I of the
Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
benefits received through participation in employment and training activities under title I
of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="id5251D365B2654EED9528B26F0318F4D1">
<enum>
(5)
</enum>
<text>
Section 803 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1161c">
20 U.S.C. 1161c
</external-xref>
) is amended—
</text>
<subparagraph id="id21AB9A5352C240C5914E05D3D1B62A34">
<enum>
(A)
</enum>
<text>
in subsection (i)(1), by striking
<quote>
for changes to this Act and related Acts, such as the Carl D. Perkins Career and Technical
Education Act of 2006 and the Workforce Investment Act of 1998 (including
titles I and II), to help create and sustain business and industry
workforce partnerships at institutions of higher education
</quote>
and inserting
<quote>
for changes to this Act and related Acts, such as the Carl D. Perkins Career and Technical
Education Act of 2006 and the Workforce Innovation and Opportunity Act
(including
titles I and II), to help create and sustain business and industry
workforce partnerships at institutions of higher education
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idC1549F1AF2BD45FB9009B334CCD194BE">
<enum>
(B)
</enum>
<text>
in subsection (j)(1)—
</text>
<clause id="idDC734F7B80ED4C708A4584A210682125">
<enum>
(i)
</enum>
<text>
in subparagraph (A)(ii), by striking
<quote>
local board (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801))
</quote>
and inserting
<quote>
local board (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act)
</quote>
; and
</text>
</clause>
<clause id="id6BEA83FC4B5545B2BBBD13AB0843E810">
<enum>
(ii)
</enum>
<text>
in subparagraph (B), by striking
<quote>
a State board (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801))
</quote>
and inserting
<quote>
a State board (as such term is defined in section 3 of the Workforce Innovation and Opportunity
Act)
</quote>
.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="id4386FA3C17734474A583EE954AD4582E">
<enum>
(6)
</enum>
<text>
Section 861(c)(1)(B) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1161q">
20 U.S.C. 1161q(c)(1)(B)
</external-xref>
) is amended by striking
<quote>
local boards (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801))
</quote>
and inserting
<quote>
local boards (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act)
</quote>
.
</text>
</paragraph>
<paragraph id="idCF54DEE123D0468184E677E46617FC96">
<enum>
(7)
</enum>
<text>
Section 872(b)(2)(E) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1161s">
20 U.S.C. 1161s(b)(2)(E)
</external-xref>
) is amended by striking
<quote>
local boards (as defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
))
</quote>
and inserting
<quote>
local boards (as defined in section 3 of the Workforce Innovation and Opportunity Act)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="id0A46D644FF464202BE49F15967AA42D9">
<enum>
(o)
</enum>
<header>
Housing Act of 1949
</header>
<text>
Section 504(c)(3) of the Housing Act of 1949 (
<external-xref legal-doc="usc" parsable-cite="usc/42/1474">
42 U.S.C. 1474(c)(3)
</external-xref>
) is amended by striking
<quote>
an insufficient number of volunteers and training participants and public service employment
workers, assisted pursuant to title I of the Workforce
Investment Act of 1998 or the Older American Community Service Employment
Act,
</quote>
and inserting
<quote>
an insufficient number of volunteers and training participants and public service employment
workers, assisted pursuant to title I of the Workforce Innovation and
Opportunity Act or the Community Service Senior Opportunities Act,
</quote>
.
</text>
</subsection>
<subsection id="id0A48D2646C4248C49056ED81F668E830">
<enum>
(p)
</enum>
<header>
Housing and Urban Development Act of 1968
</header>
<text>
Section 3 of the Housing and Urban Development Act of 1968 (
<external-xref legal-doc="usc" parsable-cite="usc/12/1701u">
12 U.S.C. 1701u
</external-xref>
) is amended—
</text>
<paragraph id="id0CAE736833C7447A86917001FF13EA96">
<enum>
(1)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="id7A659FEADD25492F80839F8EDD80B82E">
<enum>
(A)
</enum>
<text>
in paragraph (1)(B)(iii), by striking
<quote>
participants in YouthBuild programs receiving assistance under section 173A of the Workforce
Investment Act of 1998
</quote>
and inserting
<quote>
participants in YouthBuild programs receiving assistance under section 171 of the Workforce
Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idD753D7B5ED184A078D5588A2DB680EA2">
<enum>
(B)
</enum>
<text>
in paragraph (2)(B), by striking
<quote>
participants in YouthBuild programs receiving assistance under section 173A of the Workforce
Investment Act of 1998
</quote>
and inserting
<quote>
participants in YouthBuild programs receiving assistance under section 171 of the Workforce
Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="id7F83AC122E3A4D2A9DEFB8446CD47238">
<enum>
(2)
</enum>
<text>
in subsection (d)—
</text>
<subparagraph id="id5ABB58D11B3B414EBF75B62975FFBBC1">
<enum>
(A)
</enum>
<text>
in paragraph (1)(B)(iii), by striking
<quote>
To YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of
1998
</quote>
and inserting
<quote>
To YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and
Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idC6277121EFD544D9B896941C70DE8B67">
<enum>
(B)
</enum>
<text>
in paragraph (2)(B), by striking
<quote>
to YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of
1998
</quote>
and inserting
<quote>
to YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and
Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="idEA319BAD96854417AFAF73A279021270">
<enum>
(q)
</enum>
<header>
Immigration and Nationality Act
</header>
<text>
Section 245A(h)(4)(F) of the Immigration and Nationality Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1255a">
8 U.S.C. 1255a(h)(4)(F)
</external-xref>
) is amended
by striking
<quote>
Title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
Title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="id68B1A9F7593C46E6AB840DE7B4898524">
<enum>
(r)
</enum>
<header>
Internal Revenue Code of 1986
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/26/7527">
Section 7527(e)(2)
</external-xref>
of the Internal Revenue Code of 1986 is amended by inserting
<quote>
(as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity
Act)
</quote>
after
<quote>
of 1998
</quote>
.
</text>
</subsection>
<subsection id="id08BC5A112F664A12890B9420DABDCA73">
<enum>
(s)
</enum>
<header>
McKinney-Vento Homeless Assistance Act
</header>
<text>
Section 103(c)(2) of the McKinney-Vento Homeless Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/11302">
42 U.S.C. 11302(c)(2)
</external-xref>
) is amended
by striking
<quote>
a homeless individual shall be eligible for assistance under title I of the Workforce Investment
Act of 1998
</quote>
and inserting
<quote>
a homeless individual shall be eligible for assistance under title I of the Workforce Innovation
and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="id2F0CD861166C4AFF9AD2B0FE4B7C866A">
<enum>
(t)
</enum>
<header>
Museum and Library Services Act
</header>
<text>
The Museum and Library Services Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/9101">
20 U.S.C. 9101 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="id7A1E856811464808BD07F58A2043E988">
<enum>
(1)
</enum>
<text>
Section 204(f)(3) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/9103">
20 U.S.C. 9103(f)(3)
</external-xref>
) is amended by striking
<quote>
activities under the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
) (including
activities under section 134(c) of such Act) (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(c)
</external-xref>
)
</quote>
and inserting
<quote>
activities under the Workforce Innovation and Opportunity Act (including activities under section
121(e) of
such Act))
</quote>
.
</text>
</paragraph>
<paragraph id="id3063A7807A0B4FD0B6CCA29AE47483DF">
<enum>
(2)
</enum>
<text>
Section 224(b)(6)(C) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/9134">
20 U.S.C. 9134(b)(6)(C)
</external-xref>
) is amended—
</text>
<subparagraph id="id6C6F67E195DC403C8991FD92C6B82CD9">
<enum>
(A)
</enum>
<text>
in clause (i), by striking
<quote>
the activities carried out by the State workforce investment board under section 111(d) of the
Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2821">
29 U.S.C. 2821(d)
</external-xref>
)
</quote>
and inserting
<quote>
the activities carried out by the State workforce development board under section 101 of the
Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id321BC61C581E4B92B2377CB63C0F025F">
<enum>
(B)
</enum>
<text>
in clause (ii), by striking
<quote>
the State's one-stop delivery system established under section 134(c) of such Act (29 U.S.C.
2864(c))
</quote>
and inserting
<quote>
the State's one-stop delivery system established under section 121(e) of such Act
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="id31062AB0A1DC4AD39306F210EE5BB7EB">
<enum>
(u)
</enum>
<header>
National and Community Service Act of 1990
</header>
<text>
The National and Community Service Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12501">
42 U.S.C. 12501 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="idD03FB1D95550489D9B43299C8E738237">
<enum>
(1)
</enum>
<text>
Section 112(a)(3)(B) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/12523">
42 U.S.C. 12523(a)(3)(B)
</external-xref>
) is amended by striking
<quote>
or who may participate in a Youthbuild program under section 173A of the Workforce Investment Act
of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2918a">
29 U.S.C. 2918a
</external-xref>
)
</quote>
and inserting
<quote>
or who may participate in a Youthbuild program under section 171 of the Workforce Innovation and
Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="idB8FD4A2FB6294D1FB73B068C48AFEE58">
<enum>
(2)
</enum>
<text>
Section 199L(a) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/12655m">
42 U.S.C. 12655m(a)
</external-xref>
) is amended by striking
<quote>
coordinated with activities supported with assistance made available under programs administered by
the heads of such agencies (including title I of the Workforce Investment
Act of 1998)
</quote>
and inserting
<quote>
coordinated with activities supported with assistance made available under programs administered by
the heads of such agencies (including title I of the Workforce Innovation
and Opportunity Act)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="id1F4DE61A8EE645BE93319D10DC0A2DBA">
<enum>
(v)
</enum>
<header>
National Energy Conservation Policy Act
</header>
<text>
Section 233 of the National Energy Conservation and Policy Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/6873">
42 U.S.C. 6873
</external-xref>
) is amended, in the
matter preceding paragraph (1), by striking
<quote>
a sufficient number of volunteers and training participants and public service employment workers,
assisted pursuant to title I of the Workforce Investment Act of 1998 and
the Older American Community Service Employment Act
</quote>
and inserting
<quote>
a sufficient number of volunteers and training participants and public service employment workers,
assisted pursuant to title I of the Workforce Innovation and Opportunity
Act and
the Community Service Senior Opportunities Act
</quote>
.
</text>
</subsection>
<subsection id="id92A3402BEAE049469D889EE7568D481E">
<enum>
(w)
</enum>
<header>
Older Americans Act of 1965
</header>
<text>
The Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3001">
42 U.S.C. 3001 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="idBB202B5D9CB7453999FDFA337D68A86B">
<enum>
(1)
</enum>
<text>
Section 203 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3013">
42 U.S.C. 3013
</external-xref>
) is amended—
</text>
<subparagraph id="id44DD9E0F0DE440A0B274DD140D730DE9">
<enum>
(A)
</enum>
<text>
in subsection (a)(2), by striking
<quote>
In particular, the Secretary of Labor shall consult and cooperate with the Assistant Secretary in
carrying out title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
In particular, the Secretary of Labor shall consult and cooperate with the Assistant Secretary in
carrying out title I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id541E5E83928C4F66A7280BED57D49F2A">
<enum>
(B)
</enum>
<text>
in subsection (b)(1), by striking
<quote>
title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="idFF84D1535CAE46968431E7A1B68E4B4B">
<enum>
(2)
</enum>
<text>
Section 321(a)(12) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3030d">
42 U.S.C. 3030d(a)(12)
</external-xref>
) is amended by striking
<quote>
including programs carried out under the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
including programs carried out under the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="id19F24DB83807414EB4331275BFDA4FAF">
<enum>
(3)
</enum>
<text>
Section 502 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056">
42 U.S.C. 3056
</external-xref>
) is amended—
</text>
<subparagraph id="id161A7D7747024C7BBC3C7A3ACEE227E9">
<enum>
(A)
</enum>
<text>
in subsection (b)—
</text>
<clause id="idD1DC3FF661F648F182CA9CDC05B87455">
<enum>
(i)
</enum>
<text>
in paragraph (1)—
</text>
<subclause id="idE70F1038B3E649C59E16192292E60389">
<enum>
(I)
</enum>
<text>
in subparagraph (H), by striking
<quote>
will coordinate activities with training and other services provided under title I of the Workforce
Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
), including utilizing the
one-stop delivery system of the local workforce investment areas involved
</quote>
and inserting
<quote>
will coordinate activities with training and other services provided under title I of the
Workforce Innovation and Opportunity Act, including utilizing the one-stop
delivery system of the local workforce development areas involved
</quote>
;
</text>
</subclause>
<subclause id="idD564AB8D216C411881E2FDE978E72C26">
<enum>
(II)
</enum>
<text>
in subparagraph (O)—
</text>
<item id="idBE6879F78674439F9127DA896411D060">
<enum>
(aa)
</enum>
<text>
by striking
<quote>
through the one-stop delivery system of the local workforce investment areas involved as
established under section 134(c) of the Workforce Investment Act of 1998
(
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(c)
</external-xref>
),
</quote>
and inserting
<quote>
through the one-stop delivery system of the local workforce development areas involved as
established under section 121(e) of the Workforce Innovation and
Opportunity Act,
</quote>
; and
</text>
</item>
<item id="id9C824156CDAE420EBDB7EF6BD513DF8E">
<enum>
(bb)
</enum>
<text>
by striking
<quote>
and will be involved in the planning and operations of such system pursuant to a memorandum of
understanding with the local workforce investment board in accordance with
section 121(c) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841(c)
</external-xref>
)
</quote>
and inserting
<quote>
and will be involved in the planning and operations of such system pursuant to a memorandum of
understanding with the local workforce development board in accordance
with section 121(c) of such Act
</quote>
; and
</text>
</item>
</subclause>
<subclause id="id3B29165C33044F25B725D95D25C6C0B8">
<enum>
(III)
</enum>
<text>
in subparagraph (Q)—
</text>
<item id="idDD1C96B98FD54F2E887E1FF580E2CDBB">
<enum>
(aa)
</enum>
<text>
in clause (i), by striking
<quote>
paragraph (8), relating to coordination with other Federal programs, of section 112(b) of the
Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2822">
29 U.S.C. 2822(b)
</external-xref>
)
</quote>
and inserting
<quote>
clauses (ii) and (viii) of paragraph (2)(B), relating to coordination with other Federal programs,
of section 102(b) of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</item>
<item id="id65E70E36A046485FB561F3F0C0CC82F9">
<enum>
(bb)
</enum>
<text>
in clause (ii), by striking
<quote>
paragraph (14), relating to implementation of one-stop delivery systems, of section 112(b) of the
Workforce Investment Act of 1998
</quote>
and inserting
<quote>
paragraph (2)(C)(i), relating to implementation of one-stop delivery systems, of section 102(b) of
the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</item>
</subclause>
</clause>
<clause id="id3D174D1506E94CB7AE827EC55ECBE7D9">
<enum>
(ii)
</enum>
<text>
in paragraph (3)—
</text>
<subclause id="id83D8ABE4E8E44DAB888C8822D6D2A2DB">
<enum>
(I)
</enum>
<text>
in subparagraph (A), by striking
<quote>
An assessment and service strategy required by paragraph (1)(N) to be prepared for an eligible
individual shall satisfy any condition for an assessment and service
strategy or individual employment plan for an adult participant under
subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C.
2811 et seq.), in order to determine whether such eligible individual also
qualifies for intensive or training services described in section 134(d)
of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(d)
</external-xref>
).
</quote>
and inserting
<quote>
An assessment and service strategy required by paragraph (1)(N) to be prepared for an eligible
individual shall satisfy any condition for an assessment and service
strategy or individual employment plan for an adult participant under
subtitle B of title I of the Workforce Innovation and Opportunity Act, in
order
to determine whether such eligible individual also qualifies for career or
training services described in section 134(c) of such Act.
</quote>
; and
</text>
</subclause>
<subclause id="idA72678DB91E94417BCF2873532B786E4">
<enum>
(II)
</enum>
<text>
in subparagraph (B)—
</text>
<item id="id4E4680AFAEFF4AE187FC3A110430560C">
<enum>
(aa)
</enum>
<text>
in the subparagraph heading, by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
workforce Investment Act of 1998
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
workforce Innovation and Opportunity Act
</header-in-text>
</quote>
; and
</text>
</item>
<item id="id8672DF599955406C9E2E71AD51E019FA">
<enum>
(bb)
</enum>
<text>
by striking
<quote>
An assessment and service strategy or individual employment plan prepared under subtitle B of title
I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
An assessment and service strategy or individual employment plan prepared under subtitle B of title
I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</item>
</subclause>
</clause>
</subparagraph>
<subparagraph id="idEEC507FA3FAE432A85C16D7121420DF2">
<enum>
(B)
</enum>
<text>
in subsection (e)(2)(B)(ii), by striking
<quote>
one-stop delivery systems established under title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.)
</quote>
and inserting
<quote>
one-stop delivery systems established under section 121(e) of the Workforce Innovation and
Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="id2DBCBF70314D4B26B1B1DE3B2FB54374">
<enum>
(4)
</enum>
<text>
Section 503 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056a">
42 U.S.C. 3056a
</external-xref>
) is amended—
</text>
<subparagraph id="id09F8D65A8EAB489EB740D0E883FFF638">
<enum>
(A)
</enum>
<text>
in subsection (a)—
</text>
<clause id="id72F53D81C2054013A6468ACC0D6781D9">
<enum>
(i)
</enum>
<text>
in paragraph (2)(A), by striking
<quote>
the State and local workforce investment boards established under title I of the Workforce
Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
the State and local workforce development boards established under title I of the Workforce
Innovation and Opportunity Act
</quote>
; and
</text>
</clause>
<clause id="idF2495A29F05D4FDC862C7F28BA57BC73">
<enum>
(ii)
</enum>
<text>
in paragraph (4)(F), by striking
<quote>
plans for facilitating the coordination of activities of grantees in the State under this title
with activities carried out in the State under title I of the Workforce
Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
plans for facilitating the coordination of activities of grantees in the State under this title
with activities carried out in the State under title I of the
Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="id8B6A732905EC44E4BABEFA7B61F1363B">
<enum>
(B)
</enum>
<text>
in subsection (b)(2)(A), by striking
<quote>
with the program carried out under the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
with the program carried out under the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="id12B77C300B284556B8F7E9FFA2CEF849">
<enum>
(5)
</enum>
<text>
Section 505(c)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056c">
42 U.S.C. 3056c(c)(1)
</external-xref>
) of such Act is amended by striking
<quote>
activities carried out under other Acts, especially activities provided under the Workforce
Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
), including activities
provided through one-stop delivery systems established under section
134(c)) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(c)
</external-xref>
),
</quote>
and inserting
<quote>
activities carried out under other Acts, especially activities provided under the Workforce
Innovation and Opportunity Act, including activities provided through
one-stop
delivery systems established under section 121(e) of such Act,
</quote>
.
</text>
</paragraph>
<paragraph id="id2CCA7F2252F942DEA686CBF1B9B26D73">
<enum>
(6)
</enum>
<text>
Section 510 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056h">
42 U.S.C. 3056h
</external-xref>
) is amended—
</text>
<subparagraph id="idCA5426364EE142088988E2F421E43D7C">
<enum>
(A)
</enum>
<text>
by striking
<quote>
by local workforce investment boards and one-stop operators established under title I of the
Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
by local workforce development boards and one-stop operators established under title I of the
Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idDB4A54BCFB8E4624A26829BAD1BA23ED">
<enum>
(B)
</enum>
<text>
by striking
<quote>
such title I
</quote>
and inserting
<quote>
such title
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="idF2A76D3447A34B1EBBEECD633CAADC3E">
<enum>
(7)
</enum>
<text>
Section 511 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056i">
42 U.S.C. 3056i
</external-xref>
) is amended—
</text>
<subparagraph id="id5E1C33C33EF846519E582D225108F37D">
<enum>
(A)
</enum>
<text>
in subsection (a), by striking
<quote>
Grantees under this title shall be one-stop partners as described in subparagraphs (A) and (B)(vi)
of section 121(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C.
2841(b)(1)) in the one-stop delivery system established under section
134(c) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(c)
</external-xref>
) for the appropriate local workforce
investment areas
</quote>
and inserting
<quote>
Grantees under this title shall be one-stop partners as described in subparagraphs (A) and (B)(v)
of section 121(b)(1) of the Workforce Innovation and Opportunity Act in
the
one-stop delivery system established under section 121(e) of such Act for
the appropriate local workforce development areas
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id3FC02532E1854696BB356B6283D75551">
<enum>
(B)
</enum>
<text>
in subsection (b)(2), by striking
<quote>
be signatories of the memorandum of understanding established under section 121(c) of the Workforce
Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841(c)
</external-xref>
)
</quote>
and inserting
<quote>
be signatories of the memorandum of understanding established under section 121(c) of the Workforce
Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="idDD4013288C13441DB4F21AE9AB186952">
<enum>
(8)
</enum>
<text>
Section 518(b)(2)(F) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056p">
42 U.S.C. 3056p(b)(2)(F)
</external-xref>
) is amended by striking
<quote>
has failed to find employment after utilizing services provided under title I of the Workforce
Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
has failed to find employment after utilizing services provided under title I of the
Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="idAB1DF7FB87E9459E9C0DE5E0005C7BCD">
<enum>
(x)
</enum>
<header>
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
</header>
<text>
Section 403(c)(2)(K) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(
<external-xref legal-doc="usc" parsable-cite="usc/8/1613">
8 U.S.C. 1613(c)(2)(K)
</external-xref>
) is amended by striking
<quote>
Benefits under the title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
Benefits under title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="idFF2644D5781443D7BBD4D7A83A0483C9">
<enum>
(y)
</enum>
<header>
Patient Protection and Affordable Care Act
</header>
<text>
Section 5101(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S. 294q(d)(3)(D)) is
amended by striking
<quote>
other health care workforce programs, including those supported through the Workforce Investment
Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
),
</quote>
and inserting
<quote>
other health care workforce programs, including those supported through the Workforce Innovation
and Opportunity Act,
</quote>
.
</text>
</subsection>
<subsection id="id7B2964BCB5FE4F48978A6AF2DBBF8CC2">
<enum>
(z)
</enum>
<header>
Public Health Service Act
</header>
<text>
The Public Health Service Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/201">
42 U.S.C. 201 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="id23005CB4A9BF4AEC89416D3E388D7B0D">
<enum>
(1)
</enum>
<text>
Section 399V(e) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/280g-11">
42 U.S.C. 280g–11(e)
</external-xref>
) is amended by striking
<quote>
one-stop delivery systems under section 134(c) of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
one-stop delivery systems under section 121(e) of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="id601DAE1826084D60BC6BED3D7D2D0807">
<enum>
(2)
</enum>
<text>
Section 751(c)(1)(A) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/294a">
42 U.S.C. 294a(c)(1)(A)
</external-xref>
) is amended by striking
<quote>
the applicable one-stop delivery system under section 134(c) of the Workforce Investment Act of
1998,
</quote>
and inserting
<quote>
the applicable one-stop delivery system under section 121(e) of the Workforce Innovation and
Opportunity Act,
</quote>
.
</text>
</paragraph>
<paragraph id="idB28A80E669F348FA848DFA9FD83DC323">
<enum>
(3)
</enum>
<text>
Section 799B(23) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/295p">
42 U.S.C. 295p(23)
</external-xref>
) is amended by striking
<quote>
one-stop delivery system described in section 134(c) of the Workforce Investment Act of 1998 (29
U.S.C. 2864(c))
</quote>
and inserting
<quote>
one-stop delivery system described in section 121(e) of the Workforce Innovation and Opportunity
Act
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="id4FC4631EC0FD46F685AC9F40757C2BBB">
<enum>
(aa)
</enum>
<header>
Runaway and Homeless Youth Act
</header>
<text>
Section 322(a)(7) of the Runaway and Homeless Youth Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5714-2">
42 U.S.C. 5714–2(a)(7)
</external-xref>
) is amended by
striking
<quote>
(including services and programs for youth available under the Workforce Investment Act of 1998)
</quote>
and inserting
<quote>
(including services and programs for youth available under the Workforce Innovation and Opportunity
Act)
</quote>
.
</text>
</subsection>
<subsection id="idEBDD1FFC8E0B4199B6295ECB7CDF4DBD">
<enum>
(bb)
</enum>
<header>
Second Chance Act of 2007
</header>
<text>
The Second Chance Act of 2007 (
<external-xref legal-doc="usc" parsable-cite="usc/42/17501">
42 U.S.C. 17501 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="id7DD949C354AA42288F5549B224A2F1F6">
<enum>
(1)
</enum>
<text>
Section 212 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/17532">
42 U.S.C. 17532
</external-xref>
) is amended—
</text>
<subparagraph id="id09A36CC50BAF4CD4AAE4A7FEF6CB7A82">
<enum>
(A)
</enum>
<text>
in subsection (c)(1)(B), by striking
<quote>
in coordination with the one-stop partners and one-stop operators (as such terms are defined in
section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
)) that
provide services at any center operated under a one-stop delivery system
established under section 134(c) of the Workforce Investment Act of 1998
(
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(c)
</external-xref>
),
</quote>
and inserting
<quote>
in coordination with the one-stop partners and one-stop operators (as such terms are defined in
section 3 of the Workforce Innovation and Opportunity Act) that provide
services
at any center operated under a one-stop delivery system established under
section 121(e) of the Workforce Innovation and Opportunity Act,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id24EEEC03E4DA4318847CBF4B4AF08B9C">
<enum>
(B)
</enum>
<text>
in subsection (d)(1)(B)(iii), by striking
<quote>
the local workforce investment boards established under section 117 of the Workforce Investment Act
of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2832">
29 U.S.C. 2832
</external-xref>
)),
</quote>
and inserting
<quote>
the local workforce development boards established under section 107 of the Workforce Innovation
and Opportunity Act,
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="idA6BBDD7C8DFE4F8E80DB2636783EB19A">
<enum>
(2)
</enum>
<text>
Section 231(e) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/17541">
42 U.S.C. 17541(e)
</external-xref>
) is amended by striking
<quote>
the one-stop partners and one-stop operators (as such terms are defined in section 101 of the
Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
)) that provide services
at any center operated under a one-stop delivery system established under
section 134(c) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(c)
</external-xref>
)
</quote>
and inserting
<quote>
the one-stop partners and one-stop operators (as such terms are defined in section 3 of the
Workforce Innovation and Opportunity Act) that provide services at any
center
operated under a one-stop delivery system established under section 121(e)
of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="idD2D7E09C33BB468EB91F1FC22A180A9F">
<enum>
(cc)
</enum>
<header>
Small Business Act
</header>
<text>
Section 7(j)(13)(E) of the Small Business Act (
<external-xref legal-doc="usc" parsable-cite="usc/15/636">
15 U.S.C. 636(j)(13)(E)
</external-xref>
) is amended by striking
<quote>
an institution eligible to provide skills training or upgrading under title I of the Workforce
Investment Act of 1998
</quote>
and inserting
<quote>
an institution eligible to provide skills training or upgrading under title I of the
Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="id470D2087789645F89291BA38438AF248">
<enum>
(dd)
</enum>
<header>
Social Security Act
</header>
<text>
The Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/301">
42 U.S.C. 301 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="id731539FD511846638C9CC22DE6A2413A">
<enum>
(1)
</enum>
<text>
Section 403(a)(5) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/603">
42 U.S.C. 603(a)(5)
</external-xref>
) is amended—
</text>
<subparagraph id="idAFFA5235E92D4813A7BCE617FD748F3F">
<enum>
(A)
</enum>
<text>
in subparagraph (A)(vii)(I), by striking
<quote>
chief elected official (as defined in section 101 of the Workforce Investment Act of 1998)
</quote>
and inserting
<quote>
chief elected official (as defined in section 3 of the Workforce Innovation and Opportunity Act)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idD1BB59C108FB4FF58772AFCD5A485DA5">
<enum>
(B)
</enum>
<text>
in subparagraph (D)(ii), by striking
<quote>
local workforce investment board established for the service delivery area pursuant to title I of
the Workforce Investment Act of 1998, as appropriate
</quote>
and inserting
<quote>
local workforce development board established for the local workforce development area pursuant to
title I of the Workforce Innovation and Opportunity Act, as appropriate
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="idC31AC9AFF1694AFCA0ECFEFD30E8C1B9">
<enum>
(2)
</enum>
<text>
Section 1148(f)(1)(B) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1320b-19">
42 U.S.C. 1320b–19(f)(1)(B)
</external-xref>
) is amended by striking
<quote>
a one-stop delivery system established under subtitle B of title I of the Workforce Investment Act
of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
a one-stop delivery system established under section 121(e) of the Workforce Innovation and
Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="id22ECA5BA7A634998AF242A1A5CFF5809">
<enum>
(3)
</enum>
<text>
Section 1149(a)(3) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1320b-20">
42 U.S.C. 1320b–20(a)(3)
</external-xref>
) is amended by striking
<quote>
a one-stop delivery system established under subtitle B of title I of the Workforce Investment Act
of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
a one-stop delivery system established under section 121(e) of the Workforce Innovation and
Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph commented="no" id="idB0E54AF70A204CA3BB763ED4240C439F">
<enum>
(4)
</enum>
<text>
Section 2008(a) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1397g">
42 U.S.C. 1397g(a)
</external-xref>
) is amended—
</text>
<subparagraph commented="no" id="idFE7B1A1EE4804740AACFC4BD59E13811">
<enum>
(A)
</enum>
<text>
in paragraph (2)(B), by striking
<quote>
the State workforce investment board established under section 111 of the Workforce Investment Act
of 1998
</quote>
and inserting
<quote>
the State workforce development board established under section 101 of the Workforce Innovation and
Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="id57E3D4F58DB841F9AA0B055D9FC845B0">
<enum>
(B)
</enum>
<text>
in paragraph (4)(A), by striking
<quote>
a local workforce investment board established under section 117 of the Workforce Investment Act of
1998,
</quote>
and inserting
<quote>
a local workforce development board established under section 107 of the Workforce Innovation and
Opportunity Act,
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="id020C71350FF841BD990EAC617A3CED54">
<enum>
(ee)
</enum>
<header>
Title 18 of the United States Code
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/18/665">
Section 665
</external-xref>
of title 18 of the United States Code is amended—
</text>
<paragraph id="id7AB3A5FDDF5B4FA38F9C350046F2E056">
<enum>
(1)
</enum>
<text>
in subsection (a), by striking
<quote>
Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any
agency or organization receiving financial assistance or any funds under
the Job Training Partnership Act or title I of the Workforce Investment
Act of 1998
</quote>
and inserting
<quote>
Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any
agency or organization receiving financial assistance or any funds under
title I of the Workforce Innovation and Opportunity Act or title I of the
Workforce Investment Act of 1998
</quote>
;
</text>
</paragraph>
<paragraph id="idD4BD52847B394EF68C22DB4135FB8933">
<enum>
(2)
</enum>
<text>
in subsection (b), by striking
<quote>
a contract of employment in connection with a financial assistance agreement or contract under the
Job Training Partnership Act or title I of the Workforce Investment Act of
1998
</quote>
and inserting
<quote>
a contract of employment in connection with a financial assistance agreement or contract under
title I of the Workforce Innovation and Opportunity Act or title I of the
Workforce Investment Act of 1998
</quote>
; and
</text>
</paragraph>
<paragraph id="idD4438A3367D0439E9A1F804EE163B66C">
<enum>
(3)
</enum>
<text>
in subsection (c), by striking
<quote>
Whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede, an
investigation or inquiry under the Job Training Partnership Act or title I
of the Workforce Investment Act of 1998,
</quote>
and inserting
<quote>
Whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede, an
investigation or inquiry under title I of the Workforce Innovation and
Opportunity Act or title I of the Workforce Investment Act of 1998,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="idC6328CD74E5644F7AAB66F1407F9B403">
<enum>
(ff)
</enum>
<header>
Title 31 of the United States Code
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/31/6703">
Section 6703(a)(4)
</external-xref>
of title 31 of the United States Code is amended by striking
<quote>
Programs under title I of the Workforce Investment Act of 1998.
</quote>
and inserting
<quote>
Programs under title I of the Workforce Innovation and Opportunity Act.
</quote>
.
</text>
</subsection>
<subsection id="idE18C7FC501A44604A8E091EA0F5C52C7">
<enum>
(gg)
</enum>
<header>
Title 38 of the United States Code
</header>
<text>
Title 38 of the United States Code is amended as follows:
</text>
<paragraph id="idCFC2B5022AF94138BA36FF90D9C32EA6">
<enum>
(1)
</enum>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/38/4101">
Section 4101(9)
</external-xref>
of title 38 of the United States Code is amended by striking
<quote>
The term
<term>
intensive services
</term>
means local employment and training services of the type described in section 134(d)(3) of the
Workforce Investment Act of 1998
</quote>
and inserting
<quote>
The term
<term>
career services
</term>
means local employment and training services of the type described in section 134(c)(2) of the
Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="id4A2C99A0FB414D3D9C4B75AC82FDEEA8">
<enum>
(2)
</enum>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/38/4102A">
Section 4102A
</external-xref>
of title 38 of the United States Code is amended—
</text>
<subparagraph id="idC5E5D54F0D224577B5EB37F449C92EC7">
<enum>
(A)
</enum>
<text>
in subsection (d), by striking
<quote>
participation of qualified veterans and eligible persons in employment and training opportunities
under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
participation of qualified veterans and eligible persons in employment and training opportunities
under title I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id1118C0FD183C4D0AA8F19C70A71054E8">
<enum>
(B)
</enum>
<text>
in subsection (f)(2)(A), by striking
<quote>
be consistent with State performance measures applicable under section 136(b) of the Workforce
Investment Act of 1998
</quote>
and inserting
<quote>
be consistent with State performance accountability measures applicable under section 116(b) of the
Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="id8BB0CBA9155D44DA9F1884737C1EEB9A">
<enum>
(3)
</enum>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/38/4104A">
Section 4104A
</external-xref>
of title 38 of the United States Code is amended—
</text>
<subparagraph id="idEE255D84DCAC45849D24F6F083DC00D3">
<enum>
(A)
</enum>
<text>
in subsection (b)(1)(B), by striking
<quote>
the appropriate State boards and local boards (as such terms are defined in section 101 of the
Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
))
</quote>
and inserting
<quote>
the appropriate State boards and local boards (as such terms are defined in section 3 of the
Workforce Innovation and Opportunity Act)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idFFC2A803AFF74304AA50CA9D53F34BD3">
<enum>
(B)
</enum>
<text>
in subsection (c)(1)(A), by striking
<quote>
the appropriate State boards and local boards (as such terms are defined in section 101 of the
Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
))
</quote>
and inserting
<quote>
the appropriate State boards and local boards (as such terms are defined in section 3 of the
Workforce Innovation and Opportunity Act)
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="idDB5E385CB85A446D806108D1E1BDC7A4">
<enum>
(4)
</enum>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/38/4110B">
Section 4110B
</external-xref>
of title 38 of the United States Code is amended by striking
<quote>
enter into an agreement with the Secretary regarding the implementation of the Workforce Investment
Act of 1998 that includes the description and information described in
paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act
of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2822">
29 U.S.C. 2822(b)
</external-xref>
)
</quote>
and inserting
<quote>
enter into an agreement with the Secretary regarding the implementation of the Workforce Innovation
and Opportunity Act that includes the descriptions described in
sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce
Innovation and
Opportunity Act and a description of how the State board will carry out
the activities described in section
101(d)(3)(F) of such Act
</quote>
.
</text>
</paragraph>
<paragraph id="id3D41E491318747E3A0B263562B32A125">
<enum>
(5)
</enum>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/38/4213">
Section 4213(a)(4)
</external-xref>
of title 38 of the United States Code is amended by striking
<quote>
Any employment or training program carried out under title I of the Workforce Investment Act of
1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
Any employment or training program carried out under title I of the Workforce Innovation and
Opportunity Act
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="id768D7FE97C634A55B5DC18AAE6A75A49">
<enum>
(hh)
</enum>
<header>
Trade Act of 1974
</header>
<text>
The Trade Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/19/2101">
19 U.S.C. 2101 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="id918DD611ACC74BD491E62BBE6D7D9662">
<enum>
(1)
</enum>
<text>
Section 221(a) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/19/2271">
19 U.S.C. 2271
</external-xref>
) is amended—
</text>
<subparagraph id="id190224ECBD4146C18700735AD72B6557">
<enum>
(A)
</enum>
<text>
in paragraph (1)(C)—
</text>
<clause id="id6BAE21E092994ECFA2ECB53284737858">
<enum>
(i)
</enum>
<text>
by striking
<quote>
, one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment
Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
)) including State employment security
agencies,
</quote>
and inserting
<quote>
, one-stop operators or one-stop partners (as defined in section 3 of the Workforce Innovation and
Opportunity Act) including State employment security agencies,
</quote>
; and
</text>
</clause>
<clause id="id3047087310D546FFB0659E6894F8055D">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
or the State dislocated worker unit established under title I of such Act,
</quote>
and inserting
<quote>
or a State dislocated worker unit,
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="idDDEB25B973AC4E019DC37B731CC2A093">
<enum>
(B)
</enum>
<text>
in subsection (a)(2)(A), by striking
<quote>
rapid response activities and appropriate core and intensive services (as described in section 134
of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864
</external-xref>
)) authorized under
other Federal laws
</quote>
and inserting
<quote>
rapid response activities and appropriate career services (as described in section 134
of the Workforce Innovation and Opportunity Act) authorized under other
Federal
laws
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="id317CF824C9B446409A3A7E64E29AAA30">
<enum>
(2)
</enum>
<text>
Section 222(d)(2)(A)(iv) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/19/2272">
19 U.S.C. 2272(d)(2)(A)(iv)
</external-xref>
) is amended by striking
<quote>
one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act
of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
))
</quote>
and inserting
<quote>
one-stop operators or one-stop partners (as defined in section 3 of the Workforce Innovation and
Opportunity Act)
</quote>
.
</text>
</paragraph>
<paragraph id="id5711EEEE753B40E5809FCC1B8577C88E">
<enum>
(3)
</enum>
<text>
Section 236(a)(5) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/19/2296">
19 U.S.C. 2296(a)(5)
</external-xref>
) is amended—
</text>
<subparagraph id="idE432A5DDAEDE46689875D9C2C2E9BF19">
<enum>
(A)
</enum>
<text>
in subparagraph (B), by striking
<quote>
any training program provided by a State pursuant to title I of the Workforce Investment Act of
1998
</quote>
and inserting
<quote>
any training program provided by a State pursuant to title I of the Workforce Innovation and
Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="id5C68EDB559F24D39BB877EE23BF694E8">
<enum>
(B)
</enum>
<text>
in the flush text following subparagraph (H), by striking
<quote>
The Secretary may not limit approval of a training program under paragraph (1) to a program
provided pursuant to title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.).
</quote>
and inserting
<quote>
The Secretary may not limit approval of a training program under paragraph (1) to a program
provided pursuant to title I of the Workforce Innovation and Opportunity
Act.
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="id15E0C1BFEFF2419D8063C506B365D379">
<enum>
(4)
</enum>
<text>
Section 239 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/19/2311">
19 U.S.C. 2311
</external-xref>
) is amended—
</text>
<subparagraph id="idBCAB468DFD15448C936CDC2472D700BC">
<enum>
(A)
</enum>
<text>
in subsection (f), by striking
<quote>
Any agreement entered into under this section shall provide for the coordination of the
administration of the provisions for employment services, training, and
supplemental assistance under sections 235 and 236 of this Act and under
title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
Any agreement entered into under this section shall provide for the coordination of the
administration of the provisions for employment services, training, and
supplemental assistance under sections 235 and 236 of this Act and under
title I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idF4514FD1F8894C178AFB2B2DFF85B6F6">
<enum>
(B)
</enum>
<text>
in subsection (h), by striking
<quote>
the description and information described in paragraphs (8) and (14) of section 112(b) of the
Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2822">
29 U.S.C. 2822(b)
</external-xref>
)
</quote>
and inserting
<quote>
the descriptions described in
sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce
Innovation and
Opportunity Act, a description of how the State board will carry out the
activities described in section
101(d)(3)(F) of such Act,
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="idAE74A72FC2724551B5FEB152EBBEF6A5">
<enum>
(ii)
</enum>
<header>
United States Housing Act of 1937
</header>
<text>
Section 23 of the United States Housing Act of 1937 (
<external-xref legal-doc="usc" parsable-cite="usc/42/1437u">
42 U.S.C. 1437u
</external-xref>
) is amended—
</text>
<paragraph id="idB665959E28F44C16960E13D081E6E3A6">
<enum>
(1)
</enum>
<text>
in subsection (b)(2)(A), by striking
<quote>
lack of supportive services accessible to eligible families, which shall include insufficient
availability of resources for programs under title I of the Workforce
Investment Act of 1998
</quote>
and inserting
<quote>
lack of supportive services accessible to eligible families, which shall include insufficient
availability of resources for programs under title I of the
Workforce Innovation and Opportunity Act
</quote>
;
</text>
</paragraph>
<paragraph id="id8B1F9137BC924380A3090338BB4498A6">
<enum>
(2)
</enum>
<text>
in subsection (f)(2), by striking
<quote>
the local agencies (if any) responsible for carrying out programs under title I of the Workforce
Investment Act of 1998 or the Job Opportunities and Basic Skills Training
Program under part F of title IV of the Social Security Act,
</quote>
and inserting
<quote>
the local agencies (if any) responsible for carrying out programs under title I of the
Workforce Innovation and Opportunity Act or the Job Opportunities and
Basic Skills
Training Program under part F of title IV of the Social Security Act,
</quote>
; and
</text>
</paragraph>
<paragraph id="id92C737384C27406ABFA4B882904240E2">
<enum>
(3)
</enum>
<text>
in subsection (g)—
</text>
<subparagraph id="id971EB15CD0C745FB950009913289E3F7">
<enum>
(A)
</enum>
<text>
in paragraph (2), by striking
<quote>
any local agencies responsible for programs under title I of the Workforce Investment Act of 1998
or the Job Opportunities and Basic Skills Training Program under part F of
title IV of the Social Security Act
</quote>
and inserting
<quote>
any local agencies responsible for programs under title I of the Workforce Innovation and
Opportunity Act or the Job Opportunities and Basic Skills Training Program
under
part F of title IV of the Social Security Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="idABDED7AD7FC04199AF0565DB733DEF5B">
<enum>
(B)
</enum>
<text>
in paragraph (3)(H), by striking
<quote>
programs under title I of the Workforce Investment Act of 1998 and any other relevant employment,
child care, transportation, training, and education programs in the
applicable area
</quote>
and inserting
<quote>
programs under title I of the Workforce Innovation and Opportunity Act and any other relevant
employment, child care, transportation, training, and education programs
in the applicable area
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="id47A8BC03CFC4475196727D01A6395EE6">
<enum>
(jj)
</enum>
<header>
Violent Crime Control and Law Enforcement Act of 1994
</header>
<text>
Section 31113(a)(4)(C) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
13823(a)(4)(C)) is amended by striking
<quote>
job training programs authorized under title I of the Workforce Investment Act of 1998 or the
Family Support Act of 1988 (
<external-xref legal-doc="public-law" parsable-cite="pl/100/485">
Public Law 100–485
</external-xref>
)
</quote>
and inserting
<quote>
job training programs authorized under title I of the Workforce Innovation and Opportunity Act or
the
Family Support Act of 1988 (
<external-xref legal-doc="public-law" parsable-cite="pl/100/485">
Public Law 100–485
</external-xref>
)
</quote>
.
</text>
</subsection>
<subsection id="id4EA8EA26872E421D855533DE0DAC7F6C">
<enum>
(kk)
</enum>
<header>
Worker Adjustment and Retraining Notification Act
</header>
<text>
Section 3(a)(2) of the Worker Adjustment and Retraining Notification Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2102">
29 U.S.C. 2102(a)(2)
</external-xref>
) is
amended by striking
<quote>
the State or entity designated by the State to carry out rapid response activities under section
134(a)(2)(A) of the Workforce Investment Act of 1998,
</quote>
and inserting
<quote>
the State or entity designated by the State to carry out rapid response activities under section
134(a)(2)(A) of the Workforce Innovation and Opportunity Act,
</quote>
.
</text>
</subsection>
</section>
<section id="id9941C19B9189405EB93B7175AE2343E6">
<enum>
513.
</enum>
<header>
References
</header>
<subsection id="id3913B8CD91144A7C967467639ED4BFA4">
<enum>
(a)
</enum>
<header>
Workforce Investment Act of 1998 references
</header>
<text display-inline="yes-display-inline">
Except as otherwise specified, a reference in a Federal law to a provision of the Workforce
Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
) shall be deemed to refer
to the corresponding provision of this Act.
</text>
</subsection>
<subsection id="idB67C6913AF66488AAED81CB7831DC190">
<enum>
(b)
</enum>
<header>
Wagner-Peyser Act references
</header>
<text>
Except as otherwise specified, a reference in a Federal law to a provision of the Wagner-Peyser Act
(
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) shall be deemed to refer to the corresponding
provision of such Act, as amended by this Act.
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="id22DD66B7D4DA4DB48B6097FA5462A67E">
<enum>
(c)
</enum>
<header>
Disability-related references
</header>
<text display-inline="yes-display-inline">
Except as otherwise specified, a reference in a Federal law to a provision of the Rehabilitation
Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
) shall be deemed to refer to the
corresponding provision of such Act, as amended by this Act.
</text>
</subsection>
</section>
</subtitle>
</title>
</amendment-block>
</amendment>
</engrossed-amendment-body>
<title-amends>
<official-title-amendment>
Amend the title so as to read:
<quote>
An Act to amend the Workforce Investment Act of 1998 to strengthen the United States workforce
development system through innovation in, and alignment and improvement
of, employment, training, and education programs in the United States, and
to promote individual and national economic growth, and for other
purposes.
</quote>
.
</official-title-amendment>
</title-amends>
<attestation>
<attestation-group>
<attestor/>
<role>
Secretary
</role>
</attestation-group>
</attestation>
<endorsement/>
</amendment-doc>
| 113th CONGRESS 2d Session H.R. 803 In the Senate of the United States, June 25, 2014. Amendments:
That the bill from the House of Representatives (H.R. 803) entitled An Act to reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more competitive in the 21st century. , do pass with the following Strike all after the enacting clause and insert the following: 1. Short title; table of contents (a) Short title This Act may be cited as the Workforce Innovation and Opportunity Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. TITLE I—Workforce development activities Subtitle A—System alignment Chapter 1—State provisions Sec. 101. State workforce development boards. Sec. 102. Unified State plan. Sec. 103. Combined State plan. Chapter 2—Local provisions Sec. 106. Workforce development areas. Sec. 107. Local workforce development boards. Sec. 108. Local plan. Chapter 3—Board Provisions Sec. 111. Funding of State and local boards. Chapter 4—Performance accountability Sec. 116. Performance accountability system. Subtitle B—Workforce investment activities and providers Chapter 1—Workforce investment activities and providers Sec. 121. Establishment of one-stop delivery systems. Sec. 122. Identification of eligible providers of training services. Sec. 123. Eligible providers of youth workforce investment activities. Chapter 2—Youth workforce investment activities Sec. 126. General authorization. Sec. 127. State allotments. Sec. 128. Within State allocations. Sec. 129. Use of funds for youth workforce investment activities. Chapter 3—Adult and dislocated worker employment and training activities Sec. 131. General authorization. Sec. 132. State allotments. Sec. 133. Within State allocations. Sec. 134. Use of funds for employment and training activities. Chapter 4—General workforce investment provisions Sec. 136. Authorization of appropriations. Subtitle C—Job Corps Sec. 141. Purposes. Sec. 142. Definitions. Sec. 143. Establishment. Sec. 144. Individuals eligible for the Job Corps. Sec. 145. Recruitment, screening, selection, and assignment of enrollees. Sec. 146. Enrollment. Sec. 147. Job Corps centers. Sec. 148. Program activities. Sec. 149. Counseling and job placement. Sec. 150. Support. Sec. 151. Operations. Sec. 152. Standards of conduct. Sec. 153. Community participation. Sec. 154. Workforce councils. Sec. 155. Advisory committees. Sec. 156. Experimental projects and technical assistance. Sec. 157. Application of provisions of Federal law. Sec. 158. Special provisions. Sec. 159. Management information. Sec. 160. General provisions. Sec. 161. Job Corps oversight and reporting. Sec. 162. Authorization of appropriations. Subtitle D—National programs Sec. 166. Native American programs. Sec. 167. Migrant and seasonal farmworker programs. Sec. 168. Technical assistance. Sec. 169. Evaluations and research. Sec. 170. National dislocated worker grants. Sec. 171. YouthBuild program. Sec. 172. Authorization of appropriations. Subtitle E—Administration Sec. 181. Requirements and restrictions. Sec. 182. Prompt allocation of funds. Sec. 183. Monitoring. Sec. 184. Fiscal controls; sanctions. Sec. 185. Reports; recordkeeping; investigations. Sec. 186. Administrative adjudication. Sec. 187. Judicial review. Sec. 188. Nondiscrimination. Sec. 189. Secretarial administrative authorities and responsibilities. Sec. 190. Workforce flexibility plans. Sec. 191. State legislative authority. Sec. 192. Transfer of Federal equity in State employment security agency real property to the States. Sec. 193. Continuation of State activities and policies. Sec. 194. General program requirements. Sec. 195. Restrictions on lobbying activities. TITLE II—Adult education and literacy Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Definitions. Sec. 204. Home schools. Sec. 205. Rule of construction regarding postsecondary transition and concurrent enrollment activities. Sec. 206. Authorization of appropriations. Subtitle A—Federal provisions Sec. 211. Reservation of funds; grants to eligible agencies; allotments. Sec. 212. Performance accountability system. Subtitle B—State provisions Sec. 221. State administration. Sec. 222. State distribution of funds; matching requirement. Sec. 223. State leadership activities. Sec. 224. State plan. Sec. 225. Programs for corrections education and other institutionalized individuals. Subtitle C—Local provisions Sec. 231. Grants and contracts for eligible providers. Sec. 232. Local application. Sec. 233. Local administrative cost limits. Subtitle D—General provisions Sec. 241. Administrative provisions. Sec. 242. National leadership activities. Sec. 243. Integrated English literacy and civics education. TITLE III—Amendments to the Wagner-Peyser Act Sec. 301. Employment service offices. Sec. 302. Definitions. Sec. 303. Federal and State employment service offices. Sec. 304. Allotment of sums. Sec. 305. Use of sums. Sec. 306. State plan. Sec. 307. Performance measures. Sec. 308. Workforce and labor market information system. TITLE IV—Amendments to the Rehabilitation Act of 1973 Subtitle A—Introductory Provisions Sec. 401. References. Sec. 402. Findings, purpose, policy. Sec. 403. Rehabilitation Services Administration. Sec. 404. Definitions. Sec. 405. Administration of the Act. Sec. 406. Reports. Sec. 407. Evaluation and information. Sec. 408. Carryover. Sec. 409. Traditionally underserved populations. Subtitle B—Vocational rehabilitation services Sec. 411. Declaration of policy; authorization of appropriations. Sec. 412. State plans. Sec. 413. Eligibility and individualized plan for employment. Sec. 414. Vocational rehabilitation services. Sec. 415. State Rehabilitation Council. Sec. 416. Evaluation standards and performance indicators. Sec. 417. Monitoring and review. Sec. 418. Training and services for employers. Sec. 419. State allotments. Sec. 420. Payments to States. Sec. 421. Client assistance program. Sec. 422. Pre-employment transition services. Sec. 423. American Indian vocational rehabilitation services. Sec. 424. Vocational rehabilitation services client information. Subtitle C—Research and Training Sec. 431. Purpose. Sec. 432. Authorization of appropriations. Sec. 433. National Institute on Disability, Independent Living, and Rehabilitation Research. Sec. 434. Interagency committee. Sec. 435. Research and other covered activities. Sec. 436. Disability, Independent Living, and Rehabilitation Research Advisory Council. Sec. 437. Definition of covered school. Subtitle D—Professional Development and Special Projects and Demonstration Sec. 441. Purpose; training. Sec. 442. Demonstration, training, and technical assistance programs. Sec. 443. Migrant and seasonal farmworkers; recreational programs. Subtitle E—National Council on Disability Sec. 451. Establishment. Sec. 452. Report. Sec. 453. Authorization of appropriations. Subtitle F—Rights and advocacy Sec. 456. Interagency Committee, Board, and Council. Sec. 457. Protection and advocacy of individual rights. Sec. 458. Limitations on use of subminimum wage. Subtitle G—Employment Opportunities for Individuals With Disabilities Sec. 461. Employment opportunities for individuals with disabilities. Subtitle H—Independent Living Services and Centers for Independent Living Chapter 1—Individuals with significant disabilities SUBCHAPTER A—General provisions Sec. 471. Purpose. Sec. 472. Administration of the independent living program. Sec. 473. Definitions. Sec. 474. State plan. Sec. 475. Statewide Independent Living Council. Sec. 475A. Responsibilities of the Administrator. SUBCHAPTER B—Independent living services Sec. 476. Administration. SUBCHAPTER C—Centers for independent living Sec. 481. Program authorization. Sec. 482. Centers. Sec. 483. Standards and assurances. Sec. 484. Authorization of appropriations. Chapter 2—Independent Living Services for Older Individuals who are Blind Sec. 486. Independent living services for older individuals who are blind. Sec. 487. Program of grants. Sec. 488. Independent living services for older individuals who are blind authorization of appropriations. Subtitle I—General provisions Sec. 491. Transfer of functions regarding independent living to Department of Health and Human Services, and savings provisions. Sec. 492. Table of contents. TITLE V—General provisions Subtitle A—Workforce investment Sec. 501. Privacy. Sec. 502. Buy-American requirements. Sec. 503. Transition provisions. Sec. 504. Reduction of reporting burdens and requirements. Sec. 505. Report on data capability of Federal and State databases and data exchange agreements. Sec. 506. Effective dates. Subtitle B—Amendments to other laws Sec. 511. Repeal of the Workforce Investment Act of 1998. Sec. 512. Conforming amendments. Sec. 513. References. 2. Purposes The purposes of this Act are the following: (1) To increase, for individuals in the United States, particularly those individuals with barriers to employment, access to and opportunities for the employment, education, training, and support services they need to succeed in the labor market. (2) To support the alignment of workforce investment, education, and economic development systems in support of a comprehensive, accessible, and high-quality workforce development system in the United States. (3) To improve the quality and labor market relevance of workforce investment, education, and economic development efforts to provide America's workers with the skills and credentials necessary to secure and advance in employment with family-sustaining wages and to provide America's employers with the skilled workers the employers need to succeed in a global economy. (4) To promote improvement in the structure of and delivery of services through the United States workforce development system to better address the employment and skill needs of workers, jobseekers, and employers. (5) To increase the prosperity of workers and employers in the United States, the economic growth of communities, regions, and States, and the global competitiveness of the United States. (6) For purposes of subtitle A and B of title I, to provide workforce investment activities, through statewide and local workforce development systems, that increase the employment, retention, and earnings of participants, and increase attainment of recognized postsecondary credentials by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, increase economic self-sufficiency, meet the skill requirements of employers, and enhance the productivity and competitiveness of the Nation. 3. Definitions In this Act, and the core program provisions that are not in this Act, except as otherwise expressly provided: (1) Administrative costs The term administrative costs means expenditures incurred by State boards and local boards, direct recipients (including State grant recipients under subtitle B of title I and recipients of awards under subtitles C and D of title I), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under title I that are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and nonpersonnel costs and both direct and indirect costs. (2) Adult Except as otherwise specified in section 132, the term adult means an individual who is age 18 or older. (3) Adult education; adult education and literacy activities The terms adult education and adult education and literacy activities have the meanings given the terms in section 203. (4) Area career and technical education school The term area career and technical education school has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (5) Basic skills deficient The term basic skills deficient means, with respect to an individual— (A) who is a youth, that the individual has English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test; or (B) who is a youth or adult, that the individual is unable to compute or solve problems, or read, write, or speak English, at a level necessary to function on the job, in the individual's family, or in society. (6) Career and technical education The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (7) Career pathway The term career pathway means a combination of rigorous and high-quality education, training, and other services that— (A) aligns with the skill needs of industries in the economy of the State or regional economy involved; (B) prepares an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ) (referred to individually in this Act as an apprenticeship , except in section 171); (C) includes counseling to support an individual in achieving the individual's education and career goals; (D) includes, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster; (E) organizes education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable; (F) enables an individual to attain a secondary school diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; and (G) helps an individual enter or advance within a specific occupation or occupational cluster. (8) Career planning The term career planning means the provision of a client-centered approach in the delivery of services, designed— (A) to prepare and coordinate comprehensive employment plans, such as service strategies, for participants to ensure access to necessary workforce investment activities and supportive services, using, where feasible, computer-based technologies; and (B) to provide job, education, and career counseling, as appropriate during program participation and after job placement. (9) Chief elected official The term chief elected official means— (A) the chief elected executive officer of a unit of general local government in a local area; and (B) in a case in which a local area includes more than 1 unit of general local government, the individuals designated under the agreement described in section 107(c)(1)(B). (10) Community-based organization The term community-based organization means a private nonprofit organization (which may include a faith-based organization), that is representative of a community or a significant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce development. (11) Competitive integrated employment The term competitive integrated employment has the meaning given the term in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ), for individuals with disabilities. (12) Core program The term core programs means a program authorized under a core program provision. (13) Core program provision The term core program provision means— (A) chapters 2 and 3 of subtitle B of title I (relating to youth workforce investment activities and adult and dislocated worker employment and training activities); (B) title II (relating to adult education and literacy activities); (C) sections 1 through 13 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) (relating to employment services); and (D) title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741) (relating to vocational rehabilitation services). (14) Customized training The term customized training means training— (A) that is designed to meet the specific requirements of an employer (including a group of employers); (B) that is conducted with a commitment by the employer to employ an individual upon successful completion of the training; and (C) for which the employer pays— (i) a significant portion of the cost of training, as determined by the local board involved, taking into account the size of the employer and such other factors as the local board determines to be appropriate, which may include the number of employees participating in training, wage and benefit levels of those employees (at present and anticipated upon completion of the training), relation of the training to the competitiveness of a participant, and other employer-provided training and advancement opportunities; and (ii) in the case of customized training (as defined in subparagraphs (A) and (B)) involving an employer located in multiple local areas in the State, a significant portion of the cost of the training, as determined by the Governor of the State, taking into account the size of the employer and such other factors as the Governor determines to be appropriate. (15) Dislocated worker The term dislocated worker means an individual who— (A) (i) has been terminated or laid off, or who has received a notice of termination or layoff, from employment; (ii) (I) is eligible for or has exhausted entitlement to unemployment compensation; or (II) has been employed for a duration sufficient to demonstrate, to the appropriate entity at a one-stop center referred to in section 121(e), attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a State unemployment compensation law; and (iii) is unlikely to return to a previous industry or occupation; (B) (i) has been terminated or laid off, or has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise; (ii) is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days; or (iii) for purposes of eligibility to receive services other than training services described in section 134(c)(3), career services described in section 134(c)(2)(A)(xii), or supportive services, is employed at a facility at which the employer has made a general announcement that such facility will close; (C) was self-employed (including employment as a farmer, a rancher, or a fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters; (D) is a displaced homemaker; or (E) (i) is the spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10, United States Code), and who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or (ii) is the spouse of a member of the Armed Forces on active duty and who meets the criteria described in paragraph (16)(B). (16) Displaced homemaker The term displaced homemaker means an individual who has been providing unpaid services to family members in the home and who— (A) (i) has been dependent on the income of another family member but is no longer supported by that income; or (ii) is the dependent spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10, United States Code) and whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; and (B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment. (17) Economic development agency The term economic development agency includes a local planning or zoning commission or board, a community development agency, or another local agency or institution responsible for regulating, promoting, or assisting in local economic development. (18) Eligible youth Except as provided in subtitles C and D of title I, the term eligible youth means an in-school youth or out-of-school youth. (19) Employment and training activity The term employment and training activity means an activity described in section 134 that is carried out for an adult or dislocated worker. (20) English language acquisition program The term English language acquisition program has the meaning given the term in section 203. (21) English language learner The term English language learner has the meaning given the term in section 203. (22) Governor The term Governor means the chief executive of a State or an outlying area. (23) In-demand industry sector or occupation (A) In general The term in-demand industry sector or occupation means— (i) an industry sector that has a substantial current or potential impact (including through jobs that lead to economic self-sufficiency and opportunities for advancement) on the State, regional, or local economy, as appropriate, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors; or (ii) an occupation that currently has or is projected to have a number of positions (including positions that lead to economic self-sufficiency and opportunities for advancement) in an industry sector so as to have a significant impact on the State, regional, or local economy, as appropriate. (B) Determination The determination of whether an industry sector or occupation is in-demand under this paragraph shall be made by the State board or local board, as appropriate, using State and regional business and labor market projections, including the use of labor market information. (24) Individual with a barrier to employment The term individual with a barrier to employment means a member of 1 or more of the following populations: (A) Displaced homemakers. (B) Low-income individuals. (C) Indians, Alaska Natives, and Native Hawaiians, as such terms are defined in section 166. (D) Individuals with disabilities, including youth who are individuals with disabilities. (E) Older individuals. (F) Ex-offenders. (G) Homeless individuals (as defined in section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e–2(6))), or homeless children and youths (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) )). (H) Youth who are in or have aged out of the foster care system. (I) Individuals who are English language learners, individuals who have low levels of literacy, and individuals facing substantial cultural barriers. (J) Eligible migrant and seasonal farmworkers, as defined in section 167(i). (K) Individuals within 2 years of exhausting lifetime eligibility under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). (L) Single parents (including single pregnant women). (M) Long-term unemployed individuals. (N) Such other groups as the Governor involved determines to have barriers to employment. (25) Individual with a disability (A) In general The term individual with a disability means an individual with a disability as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (B) Individuals with disabilities The term individuals with disabilities means more than 1 individual with a disability. (26) Industry or sector partnership The term industry or sector partnership means a workforce collaborative, convened by or acting in partnership with a State board or local board, that— (A) organizes key stakeholders in an industry cluster into a working group that focuses on the shared goals and human resources needs of the industry cluster and that includes, at the appropriate stage of development of the partnership— (i) representatives of multiple businesses or other employers in the industry cluster, including small and medium-sized employers when practicable; (ii) 1 or more representatives of a recognized State labor organization or central labor council, or another labor representative, as appropriate; and (iii) 1 or more representatives of an institution of higher education with, or another provider of, education or training programs that support the industry cluster; and (B) may include representatives of— (i) State or local government; (ii) State or local economic development agencies; (iii) State boards or local boards, as appropriate; (iv) a State workforce agency or other entity providing employment services; (v) other State or local agencies; (vi) business or trade associations; (vii) economic development organizations; (viii) nonprofit organizations, community-based organizations, or intermediaries; (ix) philanthropic organizations; (x) industry associations; and (xi) other organizations, as determined to be necessary by the members comprising the industry or sector partnership. (27) In-school youth The term in-school youth means a youth described in section 129(a)(1)(C). (28) Institution of higher education The term institution of higher education has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 ( 20 U.S.C. 1001 , 1002(a)(1)). (29) Integrated education and training The term integrated education and training has the meaning given the term in section 203. (30) Labor market area The term labor market area means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence. Such an area shall be identified in accordance with criteria used by the Bureau of Labor Statistics of the Department of Labor in defining such areas or similar criteria established by a Governor. (31) Literacy The term literacy has the meaning given the term in section 203. (32) Local area The term local area means a local workforce investment area designated under section 106, subject to sections 106(c)(3)(A), 107(c)(4)(B)(i), and 189(i). (33) Local board The term local board means a local workforce development board established under section 107, subject to section 107(c)(4)(B)(i). (34) Local educational agency The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (35) Local plan The term local plan means a plan submitted under section 108, subject to section 106(c)(3)(B). (36) Low-income individual (A) In general The term low-income individual means an individual who— (i) receives, or in the past 6 months has received, or is a member of a family that is receiving or in the past 6 months has received, assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), the program of block grants to States for temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ), or the supplemental security income program established under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ), or State or local income-based public assistance; (ii) is in a family with total family income that does not exceed the higher of— (I) the poverty line; or (II) 70 percent of the lower living standard income level; (iii) is a homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6) )), or a homeless child or youth (as defined under section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) )); (iv) receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (v) is a foster child on behalf of whom State or local government payments are made; or (vi) is an individual with a disability whose own income meets the income requirement of clause (ii), but who is a member of a family whose income does not meet this requirement. (B) Lower living standard income level The term lower living standard income level means that income level (adjusted for regional, metropolitan, urban, and rural differences and family size) determined annually by the Secretary of Labor based on the most recent lower living family budget issued by the Secretary. (37) Nontraditional employment The term nontraditional employment refers to occupations or fields of work, for which individuals from the gender involved comprise less than 25 percent of the individuals employed in each such occupation or field of work. (38) Offender The term offender means an adult or juvenile— (A) who is or has been subject to any stage of the criminal justice process, and for whom services under this Act may be beneficial; or (B) who requires assistance in overcoming artificial barriers to employment resulting from a record of arrest or conviction. (39) Older individual The term older individual means an individual age 55 or older. (40) One-stop center The term one-stop center means a site described in section 121(e)(2). (41) One-stop operator The term one-stop operator means 1 or more entities designated or certified under section 121(d). (42) One-stop partner The term one-stop partner means— (A) an entity described in section 121(b)(1); and (B) an entity described in section 121(b)(2) that is participating, with the approval of the local board and chief elected official, in the operation of a one-stop delivery system. (43) One-stop partner program The term one-stop partner program means a program or activities described in section 121(b) of a one-stop partner. (44) On-the-job training The term on-the-job training means training by an employer that is provided to a paid participant while engaged in productive work in a job that— (A) provides knowledge or skills essential to the full and adequate performance of the job; (B) is made available through a program that provides reimbursement to the employer of up to 50 percent of the wage rate of the participant, except as provided in section 134(c)(3)(H), for the extraordinary costs of providing the training and additional supervision related to the training; and (C) is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate. (45) Outlying area The term outlying area means— (A) American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands; and (B) the Republic of Palau, except during any period for which the Secretary of Labor and the Secretary of Education determine that a Compact of Free Association is in effect and contains provisions for training and education assistance prohibiting the assistance provided under this Act. (46) Out-of-school youth The term out-of-school youth means a youth described in section 129(a)(1)(B). (47) Pay-for-performance contract strategy The term pay-for-performance contract strategy means a procurement strategy that uses pay-for-performance contracts in the provision of training services described in section 134(c)(3) or activities described in section 129(c)(2), and includes— (A) contracts, each of which shall specify a fixed amount that will be paid to an eligible service provider (which may include a local or national community-based organization or intermediary, community college, or other training provider, that is eligible under section 122 or 123, as appropriate) based on the achievement of specified levels of performance on the primary indicators of performance described in section 116(b)(2)(A) for target populations as identified by the local board (including individuals with barriers to employment), within a defined timetable, and which may provide for bonus payments to such service provider to expand capacity to provide effective training; (B) a strategy for independently validating the achievement of the performance described in subparagraph (A); and (C) a description of how the State or local area will reallocate funds not paid to a provider because the achievement of the performance described in subparagraph (A) did not occur, for further activities related to such a procurement strategy, subject to section 189(g)(4). (48) Planning region The term planning region means a region described in subparagraph (B) or (C) of section 106(a)(2), subject to section 107(c)(4)(B)(i). (49) Poverty line The term poverty line means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) applicable to a family of the size involved. (50) Public assistance The term public assistance means Federal, State, or local government cash payments for which eligibility is determined by a needs or income test. (51) Rapid response activity The term rapid response activity means an activity provided by a State, or by an entity designated by a State, with funds provided by the State under section 134(a)(1)(A), in the case of a permanent closure or mass layoff at a plant, facility, or enterprise, or a natural or other disaster, that results in mass job dislocation, in order to assist dislocated workers in obtaining reemployment as soon as possible, with services including— (A) the establishment of onsite contact with employers and employee representatives— (i) immediately after the State is notified of a current or projected permanent closure or mass layoff; or (ii) in the case of a disaster, immediately after the State is made aware of mass job dislocation as a result of such disaster; (B) the provision of information on and access to available employment and training activities; (C) assistance in establishing a labor-management committee, voluntarily agreed to by labor and management, with the ability to devise and implement a strategy for assessing the employment and training needs of dislocated workers and obtaining services to meet such needs; (D) the provision of emergency assistance adapted to the particular closure, layoff, or disaster; and (E) the provision of assistance to the local community in developing a coordinated response and in obtaining access to State economic development assistance. (52) Recognized postsecondary credential The term recognized postsecondary credential means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree. (53) Region The term region , used without further description, means a region identified under section 106(a), subject to section 107(c)(4)(B)(i) and except as provided in section 106(b)(1)(B)(ii). (54) School dropout The term school dropout means an individual who is no longer attending any school and who has not received a secondary school diploma or its recognized equivalent. (55) Secondary school The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (56) State The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (57) State board The term State board means a State workforce development board established under section 101. (58) State plan The term State plan , used without further description, means a unified State plan under section 102 or a combined State plan under section 103. (59) Supportive services The term supportive services means services such as transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this Act. (60) Training services The term training services means services described in section 134(c)(3). (61) Unemployed individual The term unemployed individual means an individual who is without a job and who wants and is available for work. The determination of whether an individual is without a job, for purposes of this paragraph, shall be made in accordance with the criteria used by the Bureau of Labor Statistics of the Department of Labor in defining individuals as unemployed. (62) Unit of general local government The term unit of general local government means any general purpose political subdivision of a State that has the power to levy taxes and spend funds, as well as general corporate and police powers. (63) Veteran; related definition (A) Veteran The term veteran has the meaning given the term in section 101 of title 38, United States Code. (B) Recently separated veteran The term recently separated veteran means any veteran who applies for participation under this Act within 48 months after the discharge or release from active military, naval, or air service. (64) Vocational rehabilitation program The term vocational rehabilitation program means a program authorized under a provision covered under paragraph (13)(D). (65) Workforce development activity The term workforce development activity means an activity carried out through a workforce development program. (66) Workforce development program The term workforce development program means a program made available through a workforce development system. (67) Workforce development system The term workforce development system means a system that makes available the core programs, the other one-stop partner programs, and any other programs providing employment and training services as identified by a State board or local board. (68) Workforce investment activity The term workforce investment activity means an employment and training activity, and a youth workforce investment activity. (69) Workforce preparation activities The term workforce preparation activities has the meaning given the term in section 203. (70) Workplace learning advisor The term workplace learning advisor means an individual employed by an organization who has the knowledge and skills necessary to advise other employees of that organization about the education, skill development, job training, career counseling services, and credentials, including services provided through the workforce development system, required to progress toward career goals of such employees in order to meet employer requirements related to job openings and career advancements that support economic self-sufficiency. (71) Youth workforce investment activity The term youth workforce investment activity means an activity described in section 129 that is carried out for eligible youth (or as described in section 129(a)(3)(A)). I Workforce development activities A System alignment 1 State provisions 101. State workforce development boards (a) In general The Governor of a State shall establish a State workforce development board to carry out the functions described in subsection (d). (b) Membership (1) In general The State board shall include— (A) the Governor; (B) a member of each chamber of the State legislature (to the extent consistent with State law), appointed by the appropriate presiding officers of such chamber; and (C) members appointed by the Governor, of which— (i) a majority shall be representatives of businesses in the State, who— (I) are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who, in addition, may be members of a local board described in section 107(b)(2)(A)(i); (II) represent businesses (including small businesses), or organizations representing businesses described in this subclause, that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the State; and (III) are appointed from among individuals nominated by State business organizations and business trade associations; (ii) not less than 20 percent shall be representatives of the workforce within the State, who— (I) shall include representatives of labor organizations, who have been nominated by State labor federations; (II) shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the State, such a representative of an apprenticeship program in the State; (III) may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive, integrated employment for individuals with disabilities; and (IV) may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth; and (iii) the balance— (I) shall include representatives of government, who— (aa) shall include the lead State officials with primary responsibility for the core programs; and (bb) shall include chief elected officials (collectively representing both cities and counties, where appropriate); and (II) may include such other representatives and officials as the Governor may designate, such as— (aa) the State agency officials from agencies that are one-stop partners not specified in subclause (I) (including additional one-stop partners whose programs are covered by the State plan, if any); (bb) State agency officials responsible for economic development or juvenile justice programs in the State; (cc) individuals who represent an Indian tribe or tribal organization, as such terms are defined in section 166(b); and (dd) State agency officials responsible for education programs in the State, including chief executive officers of community colleges and other institutions of higher education. (2) Diverse and distinct representation The members of the State board shall represent diverse geographic areas of the State, including urban, rural, and suburban areas. (3) No representation of multiple categories No person shall serve as a member for more than 1 of— (A) the category described in paragraph (1)(C)(i); or (B) 1 category described in a subclause of clause (ii) or (iii) of paragraph (1)(C). (c) Chairperson The Governor shall select a chairperson for the State board from among the representatives described in subsection (b)(1)(C)(i). (d) Functions The State board shall assist the Governor in— (1) the development, implementation, and modification of the State plan; (2) consistent with paragraph (1), the review of statewide policies, of statewide programs, and of recommendations on actions that should be taken by the State to align workforce development programs in the State in a manner that supports a comprehensive and streamlined workforce development system in the State, including the review and provision of comments on the State plans, if any, for programs and activities of one-stop partners that are not core programs; (3) the development and continuous improvement of the workforce development system in the State, including— (A) the identification of barriers and means for removing barriers to better coordinate, align, and avoid duplication among the programs and activities carried out through the system; (B) the development of strategies to support the use of career pathways for the purpose of providing individuals, including low-skilled adults, youth, and individuals with barriers to employment (including individuals with disabilities), with workforce investment activities, education, and supportive services to enter or retain employment; (C) the development of strategies for providing effective outreach to and improved access for individuals and employers who could benefit from services provided through the workforce development system; (D) the development and expansion of strategies for meeting the needs of employers, workers, and jobseekers, particularly through industry or sector partnerships related to in-demand industry sectors and occupations; (E) the identification of regions, including planning regions, for the purposes of section 106(a), and the designation of local areas under section 106, after consultation with local boards and chief elected officials; (F) the development and continuous improvement of the one-stop delivery system in local areas, including providing assistance to local boards, one-stop operators, one-stop partners, and providers with planning and delivering services, including training services and supportive services, to support effective delivery of services to workers, jobseekers, and employers; and (G) the development of strategies to support staff training and awareness across programs supported under the workforce development system; (4) the development and updating of comprehensive State performance accountability measures, including State adjusted levels of performance, to assess the effectiveness of the core programs in the State as required under section 116(b); (5) the identification and dissemination of information on best practices, including best practices for— (A) the effective operation of one-stop centers, relating to the use of business outreach, partnerships, and service delivery strategies, including strategies for serving individuals with barriers to employment; (B) the development of effective local boards, which may include information on factors that contribute to enabling local boards to exceed negotiated local levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness; and (C) effective training programs that respond to real-time labor market analysis, that effectively use direct assessment and prior learning assessment to measure an individual's prior knowledge, skills, competencies, and experiences, and that evaluate such skills, and competencies for adaptability, to support efficient placement into employment or career pathways; (6) the development and review of statewide policies affecting the coordinated provision of services through the State’s one-stop delivery system described in section 121(e), including the development of— (A) objective criteria and procedures for use by local boards in assessing the effectiveness and continuous improvement of one-stop centers described in such section; (B) guidance for the allocation of one-stop center infrastructure funds under section 121(h); and (C) policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including approaches to facilitating equitable and efficient cost allocation in such system; (7) the development of strategies for technological improvements to facilitate access to, and improve the quality of, services and activities provided through the one-stop delivery system, including such improvements to— (A) enhance digital literacy skills (as defined in section 202 of the Museum and Library Services Act ( 20 U.S.C. 9101 ); referred to in this Act as digital literacy skills ); (B) accelerate the acquisition of skills and recognized postsecondary credentials by participants; (C) strengthen the professional development of providers and workforce professionals; and (D) ensure such technology is accessible to individuals with disabilities and individuals residing in remote areas; (8) the development of strategies for aligning technology and data systems across one-stop partner programs to enhance service delivery and improve efficiencies in reporting on performance accountability measures (including the design and implementation of common intake, data collection, case management information, and performance accountability measurement and reporting processes and the incorporation of local input into such design and implementation, to improve coordination of services across one-stop partner programs); (9) the development of allocation formulas for the distribution of funds for employment and training activities for adults, and youth workforce investment activities, to local areas as permitted under sections 128(b)(3) and 133(b)(3); (10) the preparation of the annual reports described in paragraphs (1) and (2) of section 116(d); (11) the development of the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) ); and (12) the development of such other policies as may promote statewide objectives for, and enhance the performance of, the workforce development system in the State. (e) Alternative entity (1) In general For the purposes of complying with subsections (a), (b), and (c), a State may use any State entity (including a State council, State workforce development board (within the meaning of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act), combination of regional workforce development boards, or similar entity) that— (A) was in existence on the day before the date of enactment of the Workforce Investment Act of 1998; (B) is substantially similar to the State board described in subsections (a) through (c); and (C) includes representatives of business in the State and representatives of labor organizations in the State. (2) References A reference in this Act, or a core program provision that is not in this Act, to a State board shall be considered to include such an entity. (f) Conflict of interest A member of a State board may not— (1) vote on a matter under consideration by the State board— (A) regarding the provision of services by such member (or by an entity that such member represents); or (B) that would provide direct financial benefit to such member or the immediate family of such member; or (2) engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan. (g) Sunshine provision The State board shall make available to the public, on a regular basis through electronic means and open meetings, information regarding the activities of the State board, including information regarding the State plan, or a modification to the State plan, prior to submission of the plan or modification of the plan, respectively, information regarding membership, and, on request, minutes of formal meetings of the State board. (h) Authority To hire staff (1) In general The State board may hire a director and other staff to assist in carrying out the functions described in subsection (d) using funds available as described in section 129(b)(3) or 134(a)(3)(B)(i). (2) Qualifications The State board shall establish and apply a set of objective qualifications for the position of director, that ensures that the individual selected has the requisite knowledge, skills, and abilities, to meet identified benchmarks and to assist in effectively carrying out the functions of the State board. (3) Limitation on rate The director and staff described in paragraph (1) shall be subject to the limitations on the payment of salary and bonuses described in section 194(15). 102. Unified State plan (a) Plan For a State to be eligible to receive allotments for the core programs, the Governor shall submit to the Secretary of Labor for the approval process described under subsection (c)(2), a unified State plan. The unified State plan shall outline a 4-year strategy for the core programs of the State and meet the requirements of this section. (b) Contents (1) Strategic planning elements The unified State plan shall include strategic planning elements consisting of a strategic vision and goals for preparing an educated and skilled workforce, that include— (A) an analysis of the economic conditions in the State, including— (i) existing and emerging in-demand industry sectors and occupations; and (ii) the employment needs of employers, including a description of the knowledge, skills, and abilities, needed in those industries and occupations; (B) an analysis of the current workforce, employment and unemployment data, labor market trends, and the educational and skill levels of the workforce, including individuals with barriers to employment (including individuals with disabilities), in the State; (C) an analysis of the workforce development activities (including education and training) in the State, including an analysis of the strengths and weaknesses of such activities, and the capacity of State entities to provide such activities, in order to address the identified education and skill needs of the workforce and the employment needs of employers in the State; (D) a description of the State’s strategic vision and goals for preparing an educated and skilled workforce (including preparing youth and individuals with barriers to employment) and for meeting the skilled workforce needs of employers, including goals relating to performance accountability measures based on primary indicators of performance described in section 116(b)(2)(A), in order to support economic growth and economic self-sufficiency, and of how the State will assess the overall effectiveness of the workforce investment system in the State; and (E) taking into account analyses described in subparagraphs (A) through (C), a strategy for aligning the core programs, as well as other resources available to the State, to achieve the strategic vision and goals described in subparagraph (D). (2) Operational planning elements (A) In general The unified State plan shall include the operational planning elements contained in this paragraph, which shall support the strategy described in paragraph (1)(E), including a description of how the State board will implement the functions under section 101(d). (B) Implementation of state strategy The unified State plan shall describe how the lead State agency with responsibility for the administration of a core program will implement the strategy described in paragraph (1)(E), including a description of— (i) the activities that will be funded by the entities carrying out the respective core programs to implement the strategy and how such activities will be aligned across the programs and among the entities administering the programs, including using co-enrollment and other strategies; (ii) how the activities described in clause (i) will be aligned with activities provided under employment, training, education, including career and technical education, and human services programs not covered by the plan, as appropriate, assuring coordination of, and avoiding duplication among, the activities referred to in this clause; (iii) how the entities carrying out the respective core programs will coordinate activities and provide comprehensive, high-quality services including supportive services, to individuals; (iv) how the State’s strategy will engage the State’s community colleges and area career and technical education schools as partners in the workforce development system and enable the State to leverage other Federal, State, and local investments that have enhanced access to workforce development programs at those institutions; (v) how the activities described in clause (i) will be coordinated with economic development strategies and activities in the State; and (vi) how the State's strategy will improve access to activities leading to a recognized postsecondary credential (including a credential that is an industry-recognized certificate or certification, portable, and stackable). (C) State operating systems and policies The unified State plan shall describe the State operating systems and policies that will support the implementation of the strategy described in paragraph (1)(E), including a description of— (i) the State board, including the activities to assist members of the State board and the staff of such board in carrying out the functions of the State board effectively (but funds for such activities may not be used for long-distance travel expenses for training or development activities available locally or regionally); (ii) (I) how the respective core programs will be assessed each year, including an assessment of the quality, effectiveness, and improvement of programs (analyzed by local area, or by provider), based on State performance accountability measures described in section 116(b); and (II) how other one-stop partner programs will be assessed each year; (iii) the results of an assessment of the effectiveness of the core programs and other one-stop partner programs during the preceding 2-year period; (iv) the methods and factors the State will use in distributing funds under the core programs, in accordance with the provisions authorizing such distributions; (v) (I) how the lead State agencies with responsibility for the administration of the core programs will align and integrate available workforce and education data on core programs, unemployment insurance programs, and education through postsecondary education; (II) how such agencies will use the workforce development system to assess the progress of participants that are exiting from core programs in entering, persisting in, and completing postsecondary education, or entering or remaining in employment; and (III) the privacy safeguards incorporated in such system, including safeguards required by section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) and other applicable Federal laws; (vi) how the State will implement the priority of service provisions for veterans in accordance with the requirements of section 4215 of title 38, United States Code; (vii) how the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), regarding the physical and programmatic accessibility of facilities, programs, services, technology, and materials, for individuals with disabilities, including complying through providing staff training and support for addressing the needs of individuals with disabilities; and (viii) such other operational planning elements as the Secretary of Labor or the Secretary of Education, as appropriate, determines to be necessary for effective State operating systems and policies. (D) Program-specific requirements The unified State plan shall include— (i) with respect to activities carried out under subtitle B, a description of— (I) State policies or guidance, for the statewide workforce development system and for use of State funds for workforce investment activities; (II) the local areas designated in the State, including the process used for designating local areas, and the process used for identifying any planning regions under section 106(a), including a description of how the State consulted with the local boards and chief elected officials in determining the planning regions; (III) the appeals process referred to in section 106(b)(5), relating to designation of local areas; (IV) the appeals process referred to in section 121(h)(2)(E), relating to determinations for infrastructure funding; and (V) with respect to youth workforce investment activities authorized in section 129, information identifying the criteria to be used by local boards in awarding grants for youth workforce investment activities and describing how the local boards will take into consideration the ability of the providers to meet performance accountability measures based on primary indicators of performance for the youth program as described in section 116(b)(2)(A)(ii) in awarding such grants; (ii) with respect to activities carried out under title II, a description of— (I) how the eligible agency will, if applicable, align content standards for adult education with State-adopted challenging academic content standards, as adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) ); (II) how the State will fund local activities using considerations specified in section 231(e) for— (aa) activities under section 231(b); (bb) programs for corrections education under section 225; (cc) programs for integrated English literacy and civics education under section 243; and (dd) integrated education and training; (III) how the State will use the funds to carry out activities under section 223; (IV) how the State will use the funds to carry out activities under section 243; (V) how the eligible agency will assess the quality of providers of adult education and literacy activities under title II and take actions to improve such quality, including providing the activities described in section 223(a)(1)(B); (iii) with respect to programs carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741), the information described in section 101(a) of that Act (29 U.S.C. 721(a)); and (iv) information on such additional specific requirements for a program referenced in any of clauses (i) through (iii) or the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) as the Secretary of Labor determines to be necessary to administer that program but cannot reasonably be applied across all such programs. (E) Assurances The unified State plan shall include assurances— (i) that the State has established a policy identifying circumstances that may present a conflict of interest for a State board or local board member, or the entity or class of officials that the member represents, and procedures to resolve such conflicts; (ii) that the State has established a policy to provide to the public (including individuals with disabilities) access to meetings of State boards and local boards, and information regarding activities of State boards and local boards, such as data on board membership and minutes; (iii) (I) that the lead State agencies with responsibility for the administration of core programs reviewed and commented on the appropriate operational planning elements of the unified State plan, and approved the elements as serving the needs of the populations served by such programs; and (II) that the State obtained input into the development of the unified State plan and provided an opportunity for comment on the plan by representatives of local boards and chief elected officials, businesses, labor organizations, institutions of higher education, other primary stakeholders, and the general public and that the unified State plan is available and accessible to the general public; (iv) that the State has established, in accordance with section 116(i), fiscal control and fund accounting procedures that may be necessary to ensure the proper disbursement of, and accounting for, funds paid to the State through allotments made for adult, dislocated worker, and youth programs to carry out workforce investment activities under chapters 2 and 3 of subtitle B; (v) that the State has taken appropriate action to secure compliance with uniform administrative requirements in this Act, including that the State will annually monitor local areas to ensure compliance and otherwise take appropriate action to secure compliance with the uniform administrative requirements under section 184(a)(3); (vi) that the State has taken the appropriate action to be in compliance with section 188, if applicable; (vii) that the Federal funds received to carry out a core program will not be expended for any purpose other than for activities authorized with respect to such funds under that core program; (viii) that the eligible agency under title II will— (I) expend the funds appropriated to carry out that title only in a manner consistent with fiscal requirements under section 241(a) (regarding supplement and not supplant provisions); and (II) ensure that there is at least 1 eligible provider serving each local area; (ix) that the State will pay an appropriate share (as defined by the State board) of the costs of carrying out section 116, from funds made available through each of the core programs; and (x) regarding such other matters as the Secretary of Labor or the Secretary of Education, as appropriate, determines to be necessary for the administration of the core programs. (3) Existing analysis As appropriate, a State may use an existing analysis in order to carry out the requirements of paragraph (1) concerning an analysis. (c) Plan submission and approval (1) Submission (A) Initial plan The initial unified State plan under this section (after the date of enactment of the Workforce Innovation and Opportunity Act) shall be submitted to the Secretary of Labor not later than 120 days prior to the commencement of the second full program year after the date of enactment of this Act. (B) Subsequent plans Except as provided in subparagraph (A), a unified State plan shall be submitted to the Secretary of Labor not later than 120 days prior to the end of the 4-year period covered by the preceding unified State plan. (2) Submission and approval (A) Submission In approving a unified State plan under this section, the Secretary shall submit the portion of the unified State plan covering a program or activity to the head of the Federal agency that administers the program or activity for the approval of such portion by such head. (B) Approval A unified State plan shall be subject to the approval of both the Secretary of Labor and the Secretary of Education, after approval of the Commissioner of the Rehabilitation Services Administration for the portion of the plan described in subsection (b)(2)(D)(iii). The plan shall be considered to be approved at the end of the 90-day period beginning on the day the plan is submitted, unless the Secretary of Labor or the Secretary of Education makes a written determination, during the 90-day period, that the plan is inconsistent with the provisions of this section or the provisions authorizing the core programs, as appropriate. (3) Modifications (A) Modifications At the end of the first 2-year period of any 4-year unified State plan, the State board shall review the unified State plan, and the Governor shall submit modifications to the plan to reflect changes in labor market and economic conditions or in other factors affecting the implementation of the unified State plan. (B) Approval A modified unified State plan submitted for the review required under subparagraph (A) shall be subject to the approval requirements described in paragraph (2). A Governor may submit a modified unified State plan at such other times as the Governor determines to be appropriate, and such modified unified State plan shall also be subject to the approval requirements described in paragraph (2). (4) Early implementers The Secretary of Labor, in conjunction with the Secretary of Education, shall establish a process for approving and may approve unified State plans that meet the requirements of this section and are submitted to cover periods commencing prior to the second full program year described in paragraph (1)(A). 103. Combined State plan (a) In general (1) Authority To submit plan A State may develop and submit to the appropriate Secretaries a combined State plan for the core programs and 1 or more of the programs and activities described in paragraph (2) in lieu of submitting 2 or more plans, for the programs and activities and the core programs. (2) Programs The programs and activities referred to in paragraph (1) are as follows: (A) Career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ). (B) Programs authorized under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). (C) Programs authorized under section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)). (D) Work programs authorized under section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)). (E) Activities authorized under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.). (F) Activities authorized under chapter 41 of title 38, United States Code. (G) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law). (H) Programs authorized under title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ). (I) Employment and training activities carried out by the Department of Housing and Urban Development. (J) Employment and training activities carried out under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). (K) Programs authorized under section 212 of the Second Chance Act of 2007 ( 42 U.S.C. 17532 ). (b) Requirements (1) In general The portion of a combined plan covering the core programs shall be subject to the requirements of section 102 (including section 102(c)(3)). The portion of such plan covering a program or activity described in subsection (a)(2) shall be subject to the requirements, if any, applicable to a plan or application for assistance for that program or activity, under the Federal law authorizing the program or activity. At the election of the State, section 102(c)(3) may apply to that portion. (2) Additional submission not required A State that submits a combined plan that is approved under subsection (c) shall not be required to submit any other plan or application in order to receive Federal funds to carry out the core programs or the program or activities described in subsection (a)(2) that are covered by the combined plan. (3) Coordination A combined plan shall include— (A) a description of the methods used for joint planning and coordination of the core programs and the other programs and activities covered by the combined plan; and (B) an assurance that the methods included an opportunity for the entities responsible for planning or administering the core programs and the other programs and activities to review and comment on all portions of the combined plan. (c) Approval by the appropriate secretaries (1) Jurisdiction The appropriate Secretary shall have the authority to approve the corresponding portion of a combined plan as described in subsection (d). On the approval of the appropriate Secretary, that portion of the combined plan, covering a program or activity, shall be implemented by the State pursuant to that portion of the combined plan, and the Federal law authorizing the program or activity. (2) Approval of core programs No portion of the plan relating to a core program shall be implemented until the appropriate Secretary approves the corresponding portions of the plan for all core programs. (3) Timing of approval (A) In general Except as provided in subparagraphs (B) and (C), a portion of the combined State plan covering the core programs or a program or activity described in subsection (a)(2) shall be considered to be approved by the appropriate Secretary at the end of the 90-day period beginning on the day the plan is submitted. (B) Plan approved by 3 or more appropriate Secretaries If an appropriate Secretary other than the Secretary of Labor or the Secretary of Education has authority to approve a portion of a combined plan, that portion of the combined plan shall be considered to be approved by the appropriate Secretary at the end of the 120-day period beginning on the day the plan is submitted. (C) Disapproval The portion shall not be considered to be approved if the appropriate Secretary makes a written determination, during the 90-day period (or the 120-day period, for an appropriate Secretary covered by subparagraph (B)), that the portion is not consistent with the requirements of the Federal law authorizing or applicable to the program or activity involved, including the criteria for approval of a plan or application, if any, under such law, or the plan is not consistent with the requirements of this section. (4) Special rule In paragraph (3), the term criteria for approval of a plan or application , with respect to a State and a core program or a program under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), includes a requirement for agreement between the State and the appropriate Secretaries regarding State performance measures or State performance accountability measures, as the case may be, including levels of performance. (d) Appropriate secretary In this section, the term appropriate Secretary means— (1) with respect to the portion of a combined plan relating to any of the core programs (including a description, and an assurance concerning that program, specified in subsection (b)(3)), the Secretary of Labor and the Secretary of Education; and (2) with respect to the portion of a combined plan relating to a program or activity described in subsection (a)(2) (including a description, and an assurance concerning that program or activity, specified in subsection (b)(3)), the head of the Federal agency who exercises plan or application approval authority for the program or activity under the Federal law authorizing the program or activity, or, if there are no planning or application requirements for such program or activity, exercises administrative authority over the program or activity under that Federal law. 2 Local provisions 106. Workforce development areas (a) Regions (1) Identification Before the second full program year after the date of enactment of this Act, in order for a State to receive an allotment under section 127(b) or 132(b) and as part of the process for developing the State plan, a State shall identify regions in the State after consultation with the local boards and chief elected officials in the local areas and consistent with the considerations described in subsection (b)(1)(B). (2) Types of regions For purposes of this Act, the State shall identify— (A) which regions are comprised of 1 local area that is aligned with the region; (B) which regions are comprised of 2 or more local areas that are (collectively) aligned with the region (referred to as planning regions, consistent with section 3); and (C) which, of the regions described in subparagraph (B), are interstate areas contained within 2 or more States, and consist of labor market areas, economic development areas, or other appropriate contiguous subareas of those States. (b) Local areas (1) In general (A) Process Except as provided in subsection (d), and consistent with paragraphs (2) and (3), in order for a State to receive an allotment under section 127(b) or 132(b), the Governor of the State shall designate local workforce development areas within the State— (i) through consultation with the State board; and (ii) after consultation with chief elected officials and local boards, and after consideration of comments received through the public comment process as described in section 102(b)(2)(E)(iii)(II). (B) Considerations The Governor shall designate local areas (except for those local areas described in paragraphs (2) and (3)) based on considerations consisting of the extent to which the areas— (i) are consistent with labor market areas in the State; (ii) are consistent with regional economic development areas in the State; and (iii) have available the Federal and non-Federal resources necessary to effectively administer activities under subtitle B and other applicable provisions of this Act, including whether the areas have the appropriate education and training providers, such as institutions of higher education and area career and technical education schools. (2) Initial designation During the first 2 full program years following the date of enactment of this Act, the Governor shall approve a request for initial designation as a local area from any area that was designated as a local area for purposes of the Workforce Investment Act of 1998 for the 2-year period preceding the date of enactment of this Act, performed successfully, and sustained fiscal integrity. (3) Subsequent designation After the period for which a local area is initially designated under paragraph (2), the Governor shall approve a request for subsequent designation as a local area from such local area, if such area— (A) performed successfully; (B) sustained fiscal integrity; and (C) in the case of a local area in a planning region, met the requirements described in subsection (c)(1). (4) Designation on recommendation of State board The Governor may approve a request from any unit of general local government (including a combination of such units) for designation of an area as a local area if the State board determines, based on the considerations described in paragraph (1)(B), and recommends to the Governor, that such area should be so designated. (5) Appeals A unit of general local government (including a combination of such units) or grant recipient that requests but is not granted designation of an area as a local area under paragraph (2) or (3) may submit an appeal to the State board under an appeal process established in the State plan. If the appeal does not result in such a designation, the Secretary of Labor, after receiving a request for review from the unit or grant recipient and on determining that the unit or grant recipient was not accorded procedural rights under the appeals process described in the State plan, as specified in section 102(b)(2)(D)(i)(III), or that the area meets the requirements of paragraph (2) or (3), may require that the area be designated as a local area under such paragraph. (6) Redesignation assistance On the request of all of the local areas in a planning region, the State shall provide funding from funds made available under sections 128(a) and 133(a)(1) to assist the local areas in carrying out activities to facilitate the redesignation of the local areas to a single local area. (c) Regional coordination (1) Regional planning The local boards and chief elected officials in each planning region described in subparagraph (B) or (C) of subsection (a)(2) shall engage in a regional planning process that results in— (A) the preparation of a regional plan, as described in paragraph (2); (B) the establishment of regional service strategies, including use of cooperative service delivery agreements; (C) the development and implementation of sector initiatives for in-demand industry sectors or occupations for the region; (D) the collection and analysis of regional labor market data (in conjunction with the State); (E) the establishment of administrative cost arrangements, including the pooling of funds for administrative costs, as appropriate, for the region; (F) the coordination of transportation and other supportive services, as appropriate, for the region; (G) the coordination of services with regional economic development services and providers; and (H) the establishment of an agreement concerning how the planning region will collectively negotiate and reach agreement with Governor on local levels of performance for, and report on, the performance accountability measures described in section 116(c), for local areas or the planning region. (2) Regional plans The State, after consultation with local boards and chief elected officials for the planning regions, shall require the local boards and chief elected officials within a planning region to prepare, submit, and obtain approval of a single regional plan that includes a description of the activities described in paragraph (1) and that incorporates local plans for each of the local areas in the planning region. The State shall provide technical assistance and labor market data, as requested by local areas, to assist with such regional planning and subsequent service delivery efforts. (3) References In this Act, and the core program provisions that are not in this Act: (A) Local area Except as provided in section 101(d)(9), this section, paragraph (1)(B) or (4) of section 107(c), or section 107(d)(12)(B), or in any text that provides an accompanying provision specifically for a planning region, the term local area in a provision includes a reference to a planning region for purposes of implementation of that provision by the corresponding local areas in the region. (B) Local plan Except as provided in this subsection, the term local plan includes a reference to the portion of a regional plan developed with respect to the corresponding local area within the region, and any regionwide provision of that plan that impacts or relates to the local area. (d) Single state local areas (1) Continuation of previous designation The Governor of any State that was a single State local area for purposes of title I of the Workforce Investment Act of 1998, as in effect on July 1, 2013, may designate the State as a single State local area for purposes of this title. In the case of such designation, the Governor shall identify the State as a local area in the State plan. (2) Effect on local plan and local functions In any case in which a State is designated as a local area pursuant to this subsection, the local plan prepared under section 108 for the area shall be submitted for approval as part of the State plan. In such a State, the State board shall carry out the functions of a local board, as specified in this Act or the provisions authorizing a core program, but the State shall not be required to meet and report on a set of local performance accountability measures. (e) Definitions For purposes of this section: (1) Performed successfully The term performed successfully , used with respect to a local area, means the local area met or exceeded the adjusted levels of performance for primary indicators of performance described in section 116(b)(2)(A) (or, if applicable, core indicators of performance described in section 136(b)(2)(A) of the Workforce Investment Act of 1998, as in effect the day before the date of enactment of this Act) for each of the last 2 consecutive years for which data are available preceding the determination of performance under this paragraph. (2) Sustained fiscal integrity The term sustained fiscal integrity , used with respect to a local area, means that the Secretary has not made a formal determination, during either of the last 2 consecutive years preceding the determination regarding such integrity, that either the grant recipient or the administrative entity of the area misexpended funds provided under subtitle B (or, if applicable, title I of the Workforce Investment Act of 1998 as in effect prior to the effective date of such subtitle B) due to willful disregard of the requirements of the provision involved, gross negligence, or failure to comply with accepted standards of administration. 107. Local workforce development boards (a) Establishment Except as provided in subsection (c)(2)(A), there shall be established, and certified by the Governor of the State, a local workforce development board in each local area of a State to carry out the functions described in subsection (d) (and any functions specified for the local board under this Act or the provisions establishing a core program) for such area. (b) Membership (1) State criteria The Governor, in partnership with the State board, shall establish criteria for use by chief elected officials in the local areas for appointment of members of the local boards in such local areas in accordance with the requirements of paragraph (2). (2) Composition Such criteria shall require that, at a minimum— (A) a majority of the members of each local board shall be representatives of business in the local area, who— (i) are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority; (ii) represent businesses, including small businesses, or organizations representing businesses described in this clause, that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the local area; and (iii) are appointed from among individuals nominated by local business organizations and business trade associations; (B) not less than 20 percent of the members of each local board shall be representatives of the workforce within the local area, who— (i) shall include representatives of labor organizations (for a local area in which employees are represented by labor organizations), who have been nominated by local labor federations, or (for a local area in which no employees are represented by such organizations) other representatives of employees; (ii) shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the area, such a representative of an apprenticeship program in the area, if such a program exists; (iii) may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities; and (iv) may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth; (C) each local board shall include representatives of entities administering education and training activities in the local area, who— (i) shall include a representative of eligible providers administering adult education and literacy activities under title II; (ii) shall include a representative of institutions of higher education providing workforce investment activities (including community colleges); (iii) may include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment; (D) each local board shall include representatives of governmental and economic and community development entities serving the local area, who— (i) shall include a representative of economic and community development entities; (ii) shall include an appropriate representative from the State employment service office under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) serving the local area; (iii) shall include an appropriate representative of the programs carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741), serving the local area; (iv) may include representatives of agencies or entities administering programs serving the local area relating to transportation, housing, and public assistance; and (v) may include representatives of philanthropic organizations serving the local area; and (E) each local board may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate. (3) Chairperson The members of the local board shall elect a chairperson for the local board from among the representatives described in paragraph (2)(A). (4) Standing committees (A) In general The local board may designate and direct the activities of standing committees to provide information and to assist the local board in carrying out activities under this section. Such standing committees shall be chaired by a member of the local board, may include other members of the local board, and shall include other individuals appointed by the local board who are not members of the local board and who the local board determines have appropriate experience and expertise. At a minimum, the local board may designate each of the following: (i) A standing committee to provide information and assist with operational and other issues relating to the one-stop delivery system, which may include as members representatives of the one-stop partners. (ii) A standing committee to provide information and to assist with planning, operational, and other issues relating to the provision of services to youth, which shall include community-based organizations with a demonstrated record of success in serving eligible youth. (iii) A standing committee to provide information and to assist with operational and other issues relating to the provision of services to individuals with disabilities, including issues relating to compliance with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) regarding providing programmatic and physical access to the services, programs, and activities of the one-stop delivery system, as well as appropriate training for staff on providing supports for or accommodations to, and finding employment opportunities for, individuals with disabilities. (B) Additional committees The local board may designate standing committees in addition to the standing committees specified in subparagraph (A). (C) Designation of entity Nothing in this paragraph shall be construed to prohibit the designation of an existing (as of the date of enactment of this Act) entity, such as an effective youth council, to fulfill the requirements of this paragraph as long as the entity meets the requirements of this paragraph. (5) Authority of board members Members of the board that represent organizations, agencies, or other entities shall be individuals with optimum policymaking authority within the organizations, agencies, or entities. The members of the board shall represent diverse geographic areas within the local area. (6) Special rule If there are multiple eligible providers serving the local area by administering adult education and literacy activities under title II, or multiple institutions of higher education serving the local area by providing workforce investment activities, each representative on the local board described in clause (i) or (ii) of paragraph (2)(C), respectively, shall be appointed from among individuals nominated by local providers representing such providers or institutions, respectively. (c) Appointment and certification of board (1) Appointment of board members and assignment of responsibilities (A) In general The chief elected official in a local area is authorized to appoint the members of the local board for such area, in accordance with the State criteria established under subsection (b). (B) Multiple units of local government in area (i) In general In a case in which a local area includes more than 1 unit of general local government, the chief elected officials of such units may execute an agreement that specifies the respective roles of the individual chief elected officials— (I) in the appointment of the members of the local board from the individuals nominated or recommended to be such members in accordance with the criteria established under subsection (b); and (II) in carrying out any other responsibilities assigned to such officials under this title. (ii) Lack of agreement If, after a reasonable effort, the chief elected officials are unable to reach agreement as provided under clause (i), the Governor may appoint the members of the local board from individuals so nominated or recommended. (C) Concentrated employment programs In the case of an area that was designated as a local area in accordance with section 116(a)(2)(B) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), and that remains a local area on that date, the governing body of the concentrated employment program involved shall act in consultation with the chief elected official in the local area to appoint members of the local board, in accordance with the State criteria established under subsection (b), and to carry out any other responsibility relating to workforce investment activities assigned to such official under this Act. (2) Certification (A) In general The Governor shall, once every 2 years, certify 1 local board for each local area in the State. (B) Criteria Such certification shall be based on criteria established under subsection (b), and for a second or subsequent certification, the extent to which the local board has ensured that workforce investment activities carried out in the local area have enabled the local area to meet the corresponding performance accountability measures and achieve sustained fiscal integrity, as defined in section 106(e)(2). (C) Failure to achieve certification Failure of a local board to achieve certification shall result in appointment and certification of a new local board for the local area pursuant to the process described in paragraph (1) and this paragraph. (3) Decertification (A) Fraud, abuse, failure to carry out functions Notwithstanding paragraph (2), the Governor shall have the authority to decertify a local board at any time after providing notice and an opportunity for comment, for— (i) fraud or abuse; or (ii) failure to carry out the functions specified for the local board in subsection (d). (B) Nonperformance Notwithstanding paragraph (2), the Governor may decertify a local board if a local area fails to meet the local performance accountability measures for such local area in accordance with section 116(c) for 2 consecutive program years. (C) Reorganization plan If the Governor decertifies a local board for a local area under subparagraph (A) or (B), the Governor may require that a new local board be appointed and certified for the local area pursuant to a reorganization plan developed by the Governor, in consultation with the chief elected official in the local area and in accordance with the criteria established under subsection (b). (4) Single state local area (A) State board Notwithstanding subsection (b) and paragraphs (1) and (2), if a State described in section 106(d) indicates in the State plan that the State will be treated as a single State local area, for purposes of the application of this Act or the provisions authorizing a core program, the State board shall carry out any of the functions of a local board under this Act or the provisions authorizing a core program, including the functions described in subsection (d). (B) References (i) In general Except as provided in clauses (ii) and (iii), with respect to such a State, a reference in this Act or a core program provision to a local board shall be considered to be a reference to the State board, and a reference in the Act or provision to a local area or region shall be considered to be a reference to the State. (ii) Plans The State board shall prepare a local plan under section 108 for the State, and submit the plan for approval as part of the State plan. (iii) Performance accountability measures The State shall not be required to meet and report on a set of local performance accountability measures. (d) Functions of local board Consistent with section 108, the functions of the local board shall include the following: (1) Local plan The local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor that meets the requirements in section 108. If the local area is part of a planning region that includes other local areas, the local board shall collaborate with the other local boards and chief elected officials from such other local areas in the preparation and submission of a regional plan as described in section 106(c)(2). (2) Workforce research and regional labor market analysis In order to assist in the development and implementation of the local plan, the local board shall— (A) carry out analyses of the economic conditions in the region, the needed knowledge and skills for the region, the workforce in the region, and workforce development activities (including education and training) in the region described in section 108(b)(1)(D), and regularly update such information; (B) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) ), specifically in the collection, analysis, and utilization of workforce and labor market information for the region; and (C) conduct such other research, data collection, and analysis related to the workforce needs of the regional economy as the board, after receiving input from a wide array of stakeholders, determines to be necessary to carry out its functions. (3) Convening, brokering, leveraging The local board shall convene local workforce development system stakeholders to assist in the development of the local plan under section 108 and in identifying non-Federal expertise and resources to leverage support for workforce development activities. The local board, including standing committees, may engage such stakeholders in carrying out the functions described in this subsection. (4) Employer engagement The local board shall lead efforts to engage with a diverse range of employers and with entities in the region involved— (A) to promote business representation (particularly representatives with optimal policymaking or hiring authority from employers whose employment opportunities reflect existing and emerging employment opportunities in the region) on the local board; (B) to develop effective linkages (including the use of intermediaries) with employers in the region to support employer utilization of the local workforce development system and to support local workforce investment activities; (C) to ensure that workforce investment activities meet the needs of employers and support economic growth in the region, by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers; and (D) to develop and implement proven or promising strategies for meeting the employment and skill needs of workers and employers (such as the establishment of industry and sector partnerships), that provide the skilled workforce needed by employers in the region, and that expand employment and career advancement opportunities for workforce development system participants in in-demand industry sectors or occupations. (5) Career pathways development The local board, with representatives of secondary and postsecondary education programs, shall lead efforts in the local area to develop and implement career pathways within the local area by aligning the employment, training, education, and supportive services that are needed by adults and youth, particularly individuals with barriers to employment. (6) Proven and promising practices The local board shall lead efforts in the local area to— (A) identify and promote proven and promising strategies and initiatives for meeting the needs of employers, and workers and jobseekers (including individuals with barriers to employment) in the local workforce development system, including providing physical and programmatic accessibility, in accordance with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), to the one-stop delivery system; and (B) identify and disseminate information on proven and promising practices carried out in other local areas for meeting such needs. (7) Technology The local board shall develop strategies for using technology to maximize the accessibility and effectiveness of the local workforce development system for employers, and workers and jobseekers, by— (A) facilitating connections among the intake and case management information systems of the one-stop partner programs to support a comprehensive workforce development system in the local area; (B) facilitating access to services provided through the one-stop delivery system involved, including facilitating the access in remote areas; (C) identifying strategies for better meeting the needs of individuals with barriers to employment, including strategies that augment traditional service delivery, and increase access to services and programs of the one-stop delivery system, such as improving digital literacy skills; and (D) leveraging resources and capacity within the local workforce development system, including resources and capacity for services for individuals with barriers to employment. (8) Program oversight The local board, in partnership with the chief elected official for the local area, shall— (A) (i) conduct oversight for local youth workforce investment activities authorized under section 129(c), local employment and training activities authorized under subsections (c) and (d) of section 134, and the one-stop delivery system in the local area; and (ii) ensure the appropriate use and management of the funds provided under subtitle B for the activities and system described in clause (i); and (B) for workforce development activities, ensure the appropriate use, management, and investment of funds to maximize performance outcomes under section 116. (9) Negotiation of local performance accountability measures The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance accountability measures as described in section 116(c). (10) Selection of operators and providers (A) Selection of one-stop operators Consistent with section 121(d), the local board, with the agreement of the chief elected official for the local area— (i) shall designate or certify one-stop operators as described in section 121(d)(2)(A); and (ii) may terminate for cause the eligibility of such operators. (B) Selection of youth providers Consistent with section 123, the local board— (i) shall identify eligible providers of youth workforce investment activities in the local area by awarding grants or contracts on a competitive basis (except as provided in section 123(b)), based on the recommendations of the youth standing committee, if such a committee is established for the local area under subsection (b)(4); and (ii) may terminate for cause the eligibility of such providers. (C) Identification of eligible providers of training services Consistent with section 122, the local board shall identify eligible providers of training services in the local area. (D) Identification of eligible providers of career services If the one-stop operator does not provide career services described in section 134(c)(2) in a local area, the local board shall identify eligible providers of those career services in the local area by awarding contracts. (E) Consumer choice requirements Consistent with section 122 and paragraphs (2) and (3) of section 134(c), the local board shall work with the State to ensure there are sufficient numbers and types of providers of career services and training services (including eligible providers with expertise in assisting individuals with disabilities and eligible providers with expertise in assisting adults in need of adult education and literacy activities) serving the local area and providing the services involved in a manner that maximizes consumer choice, as well as providing opportunities that lead to competitive integrated employment for individuals with disabilities. (11) Coordination with education providers (A) In general The local board shall coordinate activities with education and training providers in the local area, including providers of workforce investment activities, providers of adult education and literacy activities under title II, providers of career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) and local agencies administering plans under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741). (B) Applications and agreements The coordination described in subparagraph (A) shall include— (i) consistent with section 232— (I) reviewing the applications to provide adult education and literacy activities under title II for the local area, submitted under such section to the eligible agency by eligible providers, to determine whether such applications are consistent with the local plan; and (II) making recommendations to the eligible agency to promote alignment with such plan; and (ii) replicating cooperative agreements in accordance with subparagraph (B) of section 101(a)(11) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a)(11) ), and implementing cooperative agreements in accordance with that section with the local agencies administering plans under title I of that Act (29 U.S.C. 720 et seq.) (other than section 112 or part C of that title ( 29 U.S.C. 732 , 741) and subject to section 121(f)), with respect to efforts that will enhance the provision of services to individuals with disabilities and other individuals, such as cross training of staff, technical assistance, use and sharing of information, cooperative efforts with employers, and other efforts at cooperation, collaboration, and coordination. (C) Cooperative agreement In this paragraph, the term cooperative agreement means an agreement entered into by a State designated agency or State designated unit under subparagraph (A) of section 101(a)(11) of the Rehabilitation Act of 1973. (12) Budget and administration (A) Budget The local board shall develop a budget for the activities of the local board in the local area, consistent with the local plan and the duties of the local board under this section, subject to the approval of the chief elected official. (B) Administration (i) Grant recipient (I) In general The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under sections 128 and 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability. (II) Designation In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I). (III) Disbursal The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board. (ii) Grants and donations The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act. (iii) Tax-exempt status For purposes of carrying out duties under this Act, local boards may incorporate, and may operate as entities described in section 501(c)(3) of the Internal Revenue Code of 1986 that are exempt from taxation under section 501(a) of such Code. (13) Accessibility for individuals with disabilities The local board shall annually assess the physical and programmatic accessibility, in accordance with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), of all one-stop centers in the local area. (e) Sunshine provision The local board shall make available to the public, on a regular basis through electronic means and open meetings, information regarding the activities of the local board, including information regarding the local plan prior to submission of the plan, and regarding membership, the designation and certification of one-stop operators, and the award of grants or contracts to eligible providers of youth workforce investment activities, and on request, minutes of formal meetings of the local board. (f) Staff (1) In general The local board may hire a director and other staff to assist in carrying out the functions described in subsection (d) using funds available under sections 128(b) and 133(b) as described in section 128(b)(4). (2) Qualifications The local board shall establish and apply a set of objective qualifications for the position of director, that ensures that the individual selected has the requisite knowledge, skills, and abilities, to meet identified benchmarks and to assist in effectively carrying out the functions of the local board. (3) Limitation on rate The director and staff described in paragraph (1) shall be subject to the limitations on the payment of salaries and bonuses described in section 194(15). (g) Limitations (1) Training services (A) In general Except as provided in subparagraph (B), no local board may provide training services. (B) Waivers of training prohibition The Governor of the State in which a local board is located may, pursuant to a request from the local board, grant a written waiver of the prohibition set forth in subparagraph (A) (relating to the provision of training services) for a program of training services, if the local board— (i) submits to the Governor a proposed request for the waiver that includes— (I) satisfactory evidence that there is an insufficient number of eligible providers of such a program of training services to meet local demand in the local area; (II) information demonstrating that the board meets the requirements for an eligible provider of training services under section 122; and (III) information demonstrating that the program of training services prepares participants for an in-demand industry sector or occupation in the local area; (ii) makes the proposed request available to eligible providers of training services and other interested members of the public for a public comment period of not less than 30 days; and (iii) includes, in the final request for the waiver, the evidence and information described in clause (i) and the comments received pursuant to clause (ii). (C) Duration A waiver granted to a local board under subparagraph (B) shall apply for a period that shall not exceed the duration of the local plan. The waiver may be renewed for additional periods under subsequent local plans, not to exceed the durations of such subsequent plans, pursuant to requests from the local board, if the board meets the requirements of subparagraph (B) in making the requests. (D) Revocation The Governor shall have the authority to revoke the waiver during the appropriate period described in subparagraph (C) if the Governor determines the waiver is no longer needed or that the local board involved has engaged in a pattern of inappropriate referrals to training services operated by the local board. (2) Career services; designation or certification as one-stop operators A local board may provide career services described in section 134(c)(2) through a one-stop delivery system or be designated or certified as a one-stop operator only with the agreement of the chief elected official in the local area and the Governor. (3) Limitation on authority Nothing in this Act shall be construed to provide a local board with the authority to mandate curricula for schools. (h) Conflict of interest A member of a local board, or a member of a standing committee, may not— (1) vote on a matter under consideration by the local board— (A) regarding the provision of services by such member (or by an entity that such member represents); or (B) that would provide direct financial benefit to such member or the immediate family of such member; or (2) engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan. (i) Alternative entity (1) In general For purposes of complying with subsections (a), (b), and (c), a State may use any local entity (including a local council, regional workforce development board, or similar entity) that— (A) is established to serve the local area (or the service delivery area that most closely corresponds to the local area); (B) was in existence on the day before the date of enactment of this Act, pursuant to State law; and (C) includes— (i) representatives of business in the local area; and (ii) (I) representatives of labor organizations (for a local area in which employees are represented by labor organizations), nominated by local labor federations; or (II) other representatives of employees in the local area (for a local area in which no employees are represented by such organizations). (2) References A reference in this Act or a core program provision to a local board, shall include a reference to such an entity. 108. Local plan (a) In general Each local board shall develop and submit to the Governor a comprehensive 4-year local plan, in partnership with the chief elected official. The local plan shall support the strategy described in the State plan in accordance with section 102(b)(1)(E), and otherwise be consistent with the State plan. If the local area is part of a planning region, the local board shall comply with section 106(c) in the preparation and submission of a regional plan. At the end of the first 2-year period of the 4-year local plan, each local board shall review the local plan and the local board, in partnership with the chief elected official, shall prepare and submit modifications to the local plan to reflect changes in labor market and economic conditions or in other factors affecting the implementation of the local plan. (b) Contents The local plan shall include— (1) a description of the strategic planning elements consisting of— (A) an analysis of the regional economic conditions including— (i) existing and emerging in-demand industry sectors and occupations; and (ii) the employment needs of employers in those industry sectors and occupations; (B) an analysis of the knowledge and skills needed to meet the employment needs of the employers in the region, including employment needs in in-demand industry sectors and occupations; (C) an analysis of the workforce in the region, including current labor force employment (and unemployment) data, and information on labor market trends, and the educational and skill levels of the workforce in the region, including individuals with barriers to employment; (D) an analysis of the workforce development activities (including education and training) in the region, including an analysis of the strengths and weaknesses of such services, and the capacity to provide such services, to address the identified education and skill needs of the workforce and the employment needs of employers in the region; (E) a description of the local board’s strategic vision and goals for preparing an educated and skilled workforce (including youth and individuals with barriers to employment), including goals relating to the performance accountability measures based on primary indicators of performance described in section 116(b)(2)(A) in order to support regional economic growth and economic self-sufficiency; and (F) taking into account analyses described in subparagraphs (A) through (D), a strategy to work with the entities that carry out the core programs to align resources available to the local area, to achieve the strategic vision and goals described in subparagraph (E); (2) a description of the workforce development system in the local area that identifies the programs that are included in that system and how the local board will work with the entities carrying out core programs and other workforce development programs to support alignment to provide services, including programs of study authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), that support the strategy identified in the State plan under section 102(b)(1)(E); (3) a description of how the local board, working with the entities carrying out core programs, will expand access to employment, training, education, and supportive services for eligible individuals, particularly eligible individuals with barriers to employment, including how the local board will facilitate the development of career pathways and co-enrollment, as appropriate, in core programs, and improve access to activities leading to a recognized postsecondary credential (including a credential that is an industry-recognized certificate or certification, portable, and stackable); (4) a description of the strategies and services that will be used in the local area— (A) in order to— (i) facilitate engagement of employers, including small employers and employers in in-demand industry sectors and occupations, in workforce development programs; (ii) support a local workforce development system that meets the needs of businesses in the local area; (iii) better coordinate workforce development programs and economic development; and (iv) strengthen linkages between the one-stop delivery system and unemployment insurance programs; and (B) that may include the implementation of initiatives such as incumbent worker training programs, on-the-job training programs, customized training programs, industry and sector strategies, career pathways initiatives, utilization of effective business intermediaries, and other business services and strategies, designed to meet the needs of employers in the corresponding region in support of the strategy described in paragraph (1)(F); (5) a description of how the local board will coordinate workforce investment activities carried out in the local area with economic development activities carried out in the region in which the local area is located (or planning region), and promote entrepreneurial skills training and microenterprise services; (6) a description of the one-stop delivery system in the local area, including— (A) a description of how the local board will ensure the continuous improvement of eligible providers of services through the system and ensure that such providers meet the employment needs of local employers, and workers and jobseekers; (B) a description of how the local board will facilitate access to services provided through the one-stop delivery system, including in remote areas, through the use of technology and through other means; (C) a description of how entities within the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) regarding the physical and programmatic accessibility of facilities, programs and services, technology, and materials for individuals with disabilities, including providing staff training and support for addressing the needs of individuals with disabilities; and (D) a description of the roles and resource contributions of the one-stop partners; (7) a description and assessment of the type and availability of adult and dislocated worker employment and training activities in the local area; (8) a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide rapid response activities, as described in section 134(a)(2)(A); (9) a description and assessment of the type and availability of youth workforce investment activities in the local area, including activities for youth who are individuals with disabilities, which description and assessment shall include an identification of successful models of such youth workforce investment activities; (10) a description of how the local board will coordinate education and workforce investment activities carried out in the local area with relevant secondary and postsecondary education programs and activities to coordinate strategies, enhance services, and avoid duplication of services; (11) a description of how the local board will coordinate workforce investment activities carried out under this title in the local area with the provision of transportation, including public transportation, and other appropriate supportive services in the local area; (12) a description of plans and strategies for, and assurances concerning, maximizing coordination of services provided by the State employment service under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) and services provided in the local area through the one-stop delivery system, to improve service delivery and avoid duplication of services; (13) a description of how the local board will coordinate workforce investment activities carried out under this title in the local area with the provision of adult education and literacy activities under title II in the local area, including a description of how the local board will carry out, consistent with subparagraphs (A) and (B)(i) of section 107(d)(11) and section 232, the review of local applications submitted under title II; (14) a description of the replicated cooperative agreements (as defined in section 107(d)(11)) between the local board or other local entities described in section 101(a)(11)(B) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a)(11)(B) ) and the local office of a designated State agency or designated State unit administering programs carried out under title I of such Act ( 29 U.S.C. 720 et seq. ) (other than section 112 or part C of that title ( 29 U.S.C. 732 , 741) and subject to section 121(f)) in accordance with section 101(a)(11) of such Act ( 29 U.S.C. 721(a)(11) ) with respect to efforts that will enhance the provision of services to individuals with disabilities and to other individuals, such as cross training of staff, technical assistance, use and sharing of information, cooperative efforts with employers, and other efforts at cooperation, collaboration, and coordination; (15) an identification of the entity responsible for the disbursal of grant funds described in section 107(d)(12)(B)(i)(III), as determined by the chief elected official or the Governor under section 107(d)(12)(B)(i); (16) a description of the competitive process to be used to award the subgrants and contracts in the local area for activities carried out under this title; (17) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 116(c), to be used to measure the performance of the local area and to be used by the local board for measuring the performance of the local fiscal agent (where appropriate), eligible providers under subtitle B, and the one-stop delivery system, in the local area; (18) a description of the actions the local board will take toward becoming or remaining a high-performing board, consistent with the factors developed by the State board pursuant to section 101(d)(6); (19) a description of how training services under chapter 3 of subtitle B will be provided in accordance with section 134(c)(3)(G), including, if contracts for the training services will be used, how the use of such contracts will be coordinated with the use of individual training accounts under that chapter and how the local board will ensure informed customer choice in the selection of training programs regardless of how the training services are to be provided; (20) a description of the process used by the local board, consistent with subsection (d), to provide an opportunity for public comment, including comment by representatives of businesses and comment by representatives of labor organizations, and input into the development of the local plan, prior to submission of the plan; (21) a description of how one-stop centers are implementing and transitioning to an integrated, technology-enabled intake and case management information system for programs carried out under this Act and programs carried out by one-stop partners; and (22) such other information as the Governor may require. (c) Existing analysis As appropriate, a local area may use an existing analysis in order to carry out the requirements of subsection (b)(1) concerning an analysis. (d) Process Prior to the date on which the local board submits a local plan under this section, the local board shall— (1) make available copies of a proposed local plan to the public through electronic and other means, such as public hearings and local news media; (2) allow members of the public, including representatives of business, representatives of labor organizations, and representatives of education to submit to the local board comments on the proposed local plan, not later than the end of the 30-day period beginning on the date on which the proposed local plan is made available; and (3) include with the local plan submitted to the Governor under this section any such comments that represent disagreement with the plan. (e) Plan submission and approval A local plan submitted to the Governor under this section (including a modification to such a local plan) shall be considered to be approved by the Governor at the end of the 90-day period beginning on the day the Governor receives the plan (including such a modification), unless the Governor makes a written determination during the 90-day period that— (1) deficiencies in activities carried out under this subtitle or subtitle B have been identified, through audits conducted under section 184 or otherwise, and the local area has not made acceptable progress in implementing corrective measures to address the deficiencies; (2) the plan does not comply with the applicable provisions of this Act; or (3) the plan does not align with the State plan, including failing to provide for alignment of the core programs to support the strategy identified in the State plan in accordance with section 102(b)(1)(E). 3 Board Provisions 111. Funding of State and local boards (a) State boards In funding a State board under this subtitle, a State— (1) shall use funds available as described in section 129(b)(3) or 134(a)(3)(B); and (2) may use non-Federal funds available to the State that the State determines are appropriate and available for that use. (b) Local boards In funding a local board under this subtitle, the chief elected official and local board for the local area— (1) shall use funds available as described in section 128(b)(4); and (2) may use non-Federal funds available to the local area that the chief elected official and local board determine are appropriate and available for that use. 4 Performance accountability 116. Performance accountability system (a) Purpose The purpose of this section is to establish performance accountability measures that apply across the core programs to assess the effectiveness of States and local areas (for core programs described in subtitle B) in achieving positive outcomes for individuals served by those programs. (b) State performance accountability measures (1) In general For each State, the performance accountability measures for the core programs shall consist of— (A) (i) the primary indicators of performance described in paragraph (2)(A); and (ii) the additional indicators of performance (if any) identified by the State under paragraph (2)(B); and (B) a State adjusted level of performance for each indicator described in subparagraph (A). (2) Indicators of performance (A) Primary indicators of performance (i) In general The State primary indicators of performance for activities provided under the adult and dislocated worker programs authorized under chapter 3 of subtitle B, the program of adult education and literacy activities authorized under title II, the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) (except that subclauses (IV) and (V) shall not apply to such program), and the program authorized under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741), shall consist of— (I) the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program; (II) the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program; (III) the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program; (IV) the percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent (subject to clause (iii)), during participation in or within 1 year after exit from the program; (V) the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment; and (VI) the indicators of effectiveness in serving employers established pursuant to clause (iv). (ii) Primary indicators for eligible youth The primary indicators of performance for the youth program authorized under chapter 2 of subtitle B shall consist of— (I) the percentage of program participants who are in education or training activities, or in unsubsidized employment, during the second quarter after exit from the program; (II) the percentage of program participants who are in education or training activities, or in unsubsidized employment, during the fourth quarter after exit from the program; and (III) the primary indicators of performance described in subclauses (III) through (VI) of subparagraph (A)(i). (iii) Indicator relating to credential For purposes of clause (i)(IV), or clause (ii)(III) with respect to clause (i)(IV), program participants who obtain a secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have obtained or retained employment or are in an education or training program leading to a recognized postsecondary credential within 1 year after exit from the program. (iv) Indicator for services to employers Prior to the commencement of the second full program year after the date of enactment of this Act, for purposes of clauses (i)(VI), or clause (ii)(III) with respect to clause (i)(IV), the Secretary of Labor and the Secretary of Education, after consultation with the representatives described in paragraph (4)(B), shall jointly develop and establish, for purposes of this subparagraph, 1 or more primary indicators of performance that indicate the effectiveness of the core programs in serving employers. (B) Additional indicators A State may identify in the State plan additional performance accountability indicators. (3) Levels of performance (A) State adjusted levels of performance for primary indicators (i) In general For each State submitting a State plan, there shall be established, in accordance with this subparagraph, levels of performance for each of the corresponding primary indicators of performance described in paragraph (2) for each of the programs described in clause (ii). (ii) Included programs The programs included under clause (i) are— (I) the youth program authorized under chapter 2 of subtitle B; (II) the adult program authorized under chapter 3 of subtitle B; (III) the dislocated worker program authorized under chapter 3 of subtitle B; (IV) the program of adult education and literacy activities authorized under title II; (V) the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.); and (VI) the program authorized under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741). (iii) Identification in State plan Each State shall identify, in the State plan, expected levels of performance for each of the corresponding primary indicators of performance for each of the programs described in clause (ii) for the first 2 program years covered by the State plan. (iv) Agreement on State adjusted levels of performance (I) First 2 years The State shall reach agreement with the Secretary of Labor, in conjunction with the Secretary of Education on levels of performance for each indicator described in clause (iii) for each of the programs described in clause (ii) for each of the first 2 program years covered by the State plan. In reaching the agreement, the State and the Secretary of Labor in conjunction with the Secretary of Education shall take into account the levels identified in the State plan under clause (iii) and the factors described in clause (v). The levels agreed to shall be considered to be the State adjusted levels of performance for the State for such program years and shall be incorporated into the State plan prior to the approval of such plan. (II) Third and fourth year The State and the Secretary of Labor, in conjunction with the Secretary of Education, shall reach agreement, prior to the third program year covered by the State plan, on levels of performance for each indicator described in clause (iii) for each of the programs described in clause (ii) for each of the third and fourth program years covered by the State plan. In reaching the agreement, the State and Secretary of Labor, in conjunction with the Secretary of Education, shall take into account the factors described in clause (v). The levels agreed to shall be considered to be the State adjusted levels of performance for the State for such program years and shall be incorporated into the State plan as a modification to the plan. (v) Factors In reaching the agreements described in clause (iv), the State and Secretaries shall— (I) take into account how the levels involved compare with the State adjusted levels of performance established for other States; (II) ensure that the levels involved are adjusted, using the objective statistical model established by the Secretaries pursuant to clause (viii), based on— (aa) the differences among States in actual economic conditions (including differences in unemployment rates and job losses or gains in particular industries); and (bb) the characteristics of participants when the participants entered the program involved, including indicators of poor work history, lack of work experience, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, homelessness, ex-offender status, and welfare dependency; (III) take into account the extent to which the levels involved promote continuous improvement in performance accountability on the performance accountability measures by such State and ensure optimal return on the investment of Federal funds; and (IV) take into account the extent to which the levels involved will assist the State in meeting the goals described in clause (vi). (vi) Goals In order to promote enhanced performance outcomes and to facilitate the process of reaching agreements with the States under clause (iv), the Secretary of Labor, in conjunction with the Secretary of Education, shall establish performance goals for the core programs, in accordance with the Government Performance and Results Act of 1993 ( Public Law 103–62 ; 107 Stat. 285) and the amendments made by that Act, and in consultation with States and other appropriate parties. Such goals shall be long-term goals for the adjusted levels of performance to be achieved by each of the programs described in clause (ii) regarding the corresponding primary indicators of performance described in paragraph (2)(A). (vii) Revisions based on economic conditions and individuals served during the program year The Secretary of Labor, in conjunction with the Secretary of Education, shall, in accordance with the objective statistical model developed pursuant to clause (viii), revise the State adjusted levels of performance applicable for each of the programs described in clause (ii), for a program year and a State, to reflect the actual economic conditions and characteristics of participants (as described in clause (v)(II)) in that program during such program year in such State. (viii) Statistical adjustment model The Secretary of Labor and the Secretary of Education, after consultation with the representatives described in paragraph (4)(B), shall develop and disseminate an objective statistical model that will be used to make the adjustments in the State adjusted levels of performance for actual economic conditions and characteristics of participants under clauses (v) and (vii). (B) Levels of performance for additional indicators The State may identify, in the State plan, State levels of performance for each of the additional indicators identified under paragraph (2)(B). Such levels shall be considered to be State adjusted levels of performance for purposes of this section. (4) Definitions of indicators of performance (A) In general In order to ensure nationwide comparability of performance data, the Secretary of Labor and the Secretary of Education, after consultation with representatives described in subparagraph (B), shall issue definitions for the indicators described in paragraph (2). (B) Representatives The representatives referred to in subparagraph (A) are representatives of States and political subdivisions, business and industry, employees, eligible providers of activities carried out through the core programs, educators, researchers, participants, the lead State agency officials with responsibility for the programs carried out through the core programs, individuals with expertise in serving individuals with barriers to employment, and other interested parties. (c) Local performance accountability measures for subtitle B (1) In general For each local area in a State designated under section 106, the local performance accountability measures for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii) shall consist of— (A) (i) the primary indicators of performance described in subsection (b)(2)(A) that are applicable to such programs; and (ii) additional indicators of performance, if any, identified by the State for such programs under subsection (b)(2)(B); and (B) the local level of performance for each indicator described in subparagraph (A). (2) Local level of performance The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local levels of performance based on the State adjusted levels of performance established under subsection (b)(3)(A). (3) Adjustment factors In negotiating the local levels of performance, the local board, the chief elected official, and the Governor shall make adjustments for the expected economic conditions and the expected characteristics of participants to be served in the local area, using the statistical adjustment model developed pursuant to subsection (b)(3)(A)(viii). In addition, the negotiated local levels of performance applicable to a program year shall be revised to reflect the actual economic conditions experienced and the characteristics of the populations served in the local area during such program year using the statistical adjustment model. (d) Performance reports (1) In general Not later than 12 months after the date of enactment of this Act, the Secretary of Labor, in conjunction with the Secretary of Education, shall develop a template for performance reports that shall be used by States, local boards, and eligible providers of training services under section 122 to report on outcomes achieved by the core programs. In developing such templates, the Secretary of Labor, in conjunction with the Secretary of Education, will take into account the need to maximize the value of the templates for workers, jobseekers, employers, local elected officials, State officials, Federal policymakers, and other key stakeholders. (2) Contents of State performance reports The performance report for a State shall include, subject to paragraph (5)(C)— (A) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) and the State adjusted levels of performance with respect to such indicators for each program; (B) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) with respect to individuals with barriers to employment, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age; (C) the total number of participants served by each of the programs described in subsection (b)(3)(A)(ii); (D) the number of participants who received career and training services, respectively, during the most recent program year and the 3 preceding program years, and the amount of funds spent on each type of service; (E) the number of participants who exited from career and training services, respectively, during the most recent program year and the 3 preceding program years; (F) the average cost per participant of those participants who received career and training services, respectively, during the most recent program year and the 3 preceding program years; (G) the percentage of participants in a program authorized under this subtitle who received training services and obtained unsubsidized employment in a field related to the training received; (H) the number of individuals with barriers to employment served by each of the programs described in subsection (b)(3)(A)(ii), disaggregated by each subpopulation of such individuals; (I) the number of participants who are enrolled in more than 1 of the programs described in subsection (b)(3)(A)(ii); (J) the percentage of the State’s annual allotment under section 132(b) that the State spent on administrative costs; (K) in the case of a State in which local areas are implementing pay-for-performance contract strategies for programs— (i) the performance of service providers entering into contracts for such strategies, measured against the levels of performance specified in the contracts for such strategies; and (ii) an evaluation of the design of the programs and performance of the strategies, and, where possible, the level of satisfaction with the strategies among employers and participants benefitting from the strategies; and (L) other information that facilitates comparisons of programs with programs in other States. (3) Contents of local area performance reports The performance reports for a local area shall include, subject to paragraph (6)(C)— (A) the information specified in subparagraphs (A) through (L) of paragraph (2), for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii); (B) the percentage of the local area’s allocation under sections 128(b) and 133(b) that the local area spent on administrative costs; and (C) other information that facilitates comparisons of programs with programs in other local areas (or planning regions, as appropriate). (4) Contents of eligible training providers performance reports The performance report for an eligible provider of training services under section 122 shall include, subject to paragraph (6)(C), with respect to each program of study (or the equivalent) of such provider— (A) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subclauses (I) through (IV) of subsection (b)(2)(A)(i) with respect to all individuals engaging in the program of study (or the equivalent); (B) the total number of individuals exiting from the program of study (or the equivalent); (C) the total number of participants who received training services through each of the adult program and the dislocated worker program authorized under chapter 3 of subtitle B, disaggregated by the type of entity that provided the training, during the most recent program year and the 3 preceding program years; (D) the total number of participants who exited from training services, disaggregated by the type of entity that provided the training, during the most recent program year and the 3 preceding program years; (E) the average cost per participant for the participants who received training services, disaggregated by the type of entity that provided the training, during the most recent program year and the 3 preceding program years; and (F) the number of individuals with barriers to employment served by each of the adult program and the dislocated worker program authorized under chapter 3 of subtitle B, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age. (5) Data validation In preparing the State reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, in conjunction with the Secretary of Education, to ensure the information contained in the reports is valid and reliable. (6) Publication (A) State performance reports The Secretary of Labor and the Secretary of Education shall annually make available (including by electronic means), in an easily understandable format, the performance reports for States containing the information described in paragraph (2). (B) Local area and eligible training provider performance reports The State shall make available (including by electronic means), in an easily understandable format, the performance reports for the local areas containing the information described in paragraph (3) and the performance reports for eligible providers of training services containing the information described in paragraph (4). (C) Rules for reporting of data The disaggregation of data under this subsection shall not be required when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant. (D) Dissemination to congress The Secretary of Labor and the Secretary of Education shall make available (including by electronic means) a summary of the reports, and the reports, required under this subsection to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. The Secretaries shall prepare and make available with the reports a set of recommendations for improvements in and adjustments to pay-for-performance contract strategies used under subtitle B. (e) Evaluation of State programs (1) In general Using funds authorized under a core program and made available to carry out this section, the State, in coordination with local boards in the State and the State agencies responsible for the administration of the core programs, shall conduct ongoing evaluations of activities carried out in the State under such programs. The State, local boards, and State agencies shall conduct the evaluations in order to promote, establish, implement, and utilize methods for continuously improving core program activities in order to achieve high-level performance within, and high-level outcomes from, the workforce development system. The State shall coordinate the evaluations with the evaluations provided for by the Secretary of Labor and the Secretary of Education under section 169, section 242(c)(2)(D), and sections 12(a)(5), 14, and 107 of the Rehabilitation Act of 1973 (29 U.S.C. 709(a)(5), 711, 727) (applied with respect to programs carried out under title I of that Act ( 29 U.S.C. 720 et seq. )) and the investigations provided for by the Secretary of Labor under section 10(b) of the Wagner-Peyser Act ( 29 U.S.C. 49i(b) ). (2) Design The evaluations conducted under this subsection shall be designed in conjunction with the State board, State agencies responsible for the administration of the core programs, and local boards and shall include analysis of customer feedback and outcome and process measures in the statewide workforce development system. The evaluations shall use designs that employ the most rigorous analytical and statistical methods that are reasonably feasible, such as the use of control groups. (3) Results The State shall annually prepare, submit to the State board and local boards in the State, and make available to the public (including by electronic means), reports containing the results of evaluations conducted under this subsection, to promote the efficiency and effectiveness of the workforce development system. (4) Cooperation with federal evaluations The State shall, to the extent practicable, cooperate in the conduct of evaluations (including related research projects) provided for by the Secretary of Labor or the Secretary of Education under the provisions of Federal law identified in paragraph (1). Such cooperation shall include the provision of data (in accordance with appropriate privacy protections established by the Secretary of Labor), the provision of responses to surveys, and allowing site visits in a timely manner, for the Secretaries or their agents. (f) Sanctions for State failure To meet state performance accountability measures (1) States (A) Technical assistance If a State fails to meet the State adjusted levels of performance relating to indicators described in subsection (b)(2)(A) for a program for any program year, the Secretary of Labor and the Secretary of Education shall provide technical assistance, including assistance in the development of a performance improvement plan. (B) Reduction in amount of grant If such failure continues for a second consecutive year, or (except in the case of exceptional circumstances as determined by the Secretary of Labor or the Secretary of Education, as appropriate) a State fails to submit a report under subsection (d) for any program year, the percentage of each amount that would (in the absence of this paragraph) be reserved by the Governor under section 128(a) for the immediately succeeding program year shall be reduced by 5 percentage points until such date as the Secretary of Labor or the Secretary of Education, as appropriate, determines that the State meets such State adjusted levels of performance and has submitted such reports for the appropriate program years. (g) Sanctions for local area failure To meet local performance accountability measures (1) Technical assistance If a local area fails to meet local performance accountability measures established under subsection (c) for the youth, adult, or dislocated worker program authorized under chapter 2 or 3 of subtitle B for a program described in subsection (d)(2)(A) for any program year, the Governor, or upon request by the Governor, the Secretary of Labor, shall provide technical assistance, which may include assistance in the development of a performance improvement plan or the development of a modified local plan (or regional plan). (2) Corrective actions (A) In general If such failure continues for a third consecutive year, the Governor shall take corrective actions, which shall include development of a reorganization plan through which the Governor shall— (i) require the appointment and certification of a new local board, consistent with the criteria established under section 107(b); (ii) prohibit the use of eligible providers and one-stop partners identified as achieving a poor level of performance; or (iii) take such other significant actions as the Governor determines are appropriate. (B) Appeal by local area (i) Appeal to Governor The local board and chief elected official for a local area that is subject to a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan. In such case, the Governor shall make a final decision not later than 30 days after the receipt of the appeal. (ii) Subsequent action The local board and chief elected official for a local area may, not later than 30 days after receiving a decision from the Governor pursuant to clause (i), appeal such decision to the Secretary of Labor. In such case, the Secretary shall make a final decision not later than 30 days after the receipt of the appeal. (C) Effective date The decision made by the Governor under subparagraph (B)(i) shall become effective at the time the Governor issues the decision pursuant to such clause. Such decision shall remain effective unless the Secretary of Labor rescinds or revises such plan pursuant to subparagraph (B)(ii). (h) Establishing Pay-for-Performance Contract Strategy Incentives Using non-Federal funds, the Governor may establish incentives for local boards to implement pay-for-performance contract strategies for the delivery of training services described in section 134(c)(3) or activities described in section 129(c)(2) in the local areas served by the local boards. (i) Fiscal and management accountability information systems (1) In general Using funds authorized under a core program and made available to carry out this chapter, the Governor, in coordination with the State board, the State agencies administering the core programs, local boards, and chief elected officials in the State, shall establish and operate a fiscal and management accountability information system based on guidelines established by the Secretary of Labor and the Secretary of Education after consultation with the Governors of States, chief elected officials, and one-stop partners. Such guidelines shall promote efficient collection and use of fiscal and management information for reporting and monitoring the use of funds authorized under the core programs and for preparing the annual report described in subsection (d). (2) Wage records In measuring the progress of the State on State and local performance accountability measures, a State shall utilize quarterly wage records, consistent with State law. The Secretary of Labor shall make arrangements, consistent with State law, to ensure that the wage records of any State are available to any other State to the extent that such wage records are required by the State in carrying out the State plan of the State or completing the annual report described in subsection (d). (3) Confidentiality In carrying out the requirements of this Act, the State shall comply with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). B Workforce investment activities and providers 1 Workforce investment activities and providers 121. Establishment of one-stop delivery systems (a) In general Consistent with an approved State plan, the local board for a local area, with the agreement of the chief elected official for the local area, shall— (1) develop and enter into the memorandum of understanding described in subsection (c) with one-stop partners; (2) designate or certify one-stop operators under subsection (d); and (3) conduct oversight with respect to the one-stop delivery system in the local area. (b) One-stop partners (1) Required partners (A) Roles and responsibilities of one-stop partners Each entity that carries out a program or activities described in subparagraph (B) in a local area shall— (i) provide access through the one-stop delivery system to such program or activities carried out by the entity, including making the career services described in section 134(c)(2) that are applicable to the program or activities available at the one-stop centers (in addition to any other appropriate locations); (ii) use a portion of the funds available for the program and activities to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) enter into a local memorandum of understanding with the local board, relating to the operation of the one-stop system, that meets the requirements of subsection (c); (iv) participate in the operation of the one-stop system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the program or activities; and (v) provide representation on the State board to the extent provided under section 101. (B) Programs and activities The programs and activities referred to in subparagraph (A) consist of— (i) programs authorized under this title; (ii) programs authorized under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ); (iii) adult education and literacy activities authorized under title II; (iv) programs authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) (other than section 112 or part C of title I of such Act ( 29 U.S.C. 732 , 741); (v) activities authorized under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.); (vi) career and technical education programs at the postsecondary level authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.); (vii) activities authorized under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.); (viii) activities authorized under chapter 41 of title 38, United States Code; (ix) employment and training activities carried out under the Community Services Block Grant Act ( 42 U.S.C. 9901 et seq. ); (x) employment and training activities carried out by the Department of Housing and Urban Development; (xi) programs authorized under State unemployment compensation laws (in accordance with applicable Federal law); (xii) programs authorized under section 212 of the Second Chance Act of 2007 (42 U.S.C. 17532); and (xiii) programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), subject to subparagraph (C). (C) Determination by the Governor (i) In general An entity that carries out a program referred to in subparagraph (B)(xiii) shall be included in the one-stop partners for the local area, as a required partner, for purposes of this Act and the other core program provisions that are not part of this Act, unless the Governor provides the notification described in clause (ii). (ii) Notification The notification referred to in clause (i) is a notification that— (I) is made in writing of a determination by the Governor not to include such entity in the one-stop partners described in clause (i); and (II) is provided to the Secretary of Labor (referred to in this subtitle, and subtitles C through E, as the Secretary ) and the Secretary of Health and Human Services. (2) Additional partners (A) In general With the approval of the local board and chief elected official, in addition to the entities described in paragraph (1), other entities that carry out workforce development programs described in subparagraph (B) may be one-stop partners for the local area and carry out the responsibilities described in paragraph (1)(A). (B) Programs The programs referred to in subparagraph (A) may include— (i) employment and training programs administered by the Social Security Administration, including the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act ( 42 U.S.C. 1320b–19 ); (ii) employment and training programs carried out by the Small Business Administration; (iii) programs authorized under section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)); (iv) work programs authorized under section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)); (v) programs carried out under section 112 of the Rehabilitation Act of 1973 ( 29 U.S.C. 732 ); (vi) programs authorized under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.); and (vii) other appropriate Federal, State, or local programs, including employment, education, and training programs provided by public libraries or in the private sector. (c) Memorandum of understanding (1) Development The local board, with the agreement of the chief elected official, shall develop and enter into a memorandum of understanding (between the local board and the one-stop partners), consistent with paragraph (2), concerning the operation of the one-stop delivery system in the local area. (2) Contents Each memorandum of understanding shall contain— (A) provisions describing— (i) the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated and delivered through such system; (ii) how the costs of such services and the operating costs of such system will be funded, including— (I) funding through cash and in-kind contributions (fairly evaluated), which contributions may include funding from philanthropic organizations or other private entities, or through other alternative financing options, to provide a stable and equitable funding stream for ongoing one-stop delivery system operations; and (II) funding of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities; (iv) methods to ensure the needs of workers and youth, and individuals with barriers to employment, including individuals with disabilities, are addressed in the provision of necessary and appropriate access to services, including access to technology and materials, made available through the one-stop delivery system; and (v) the duration of the memorandum of understanding and the procedures for amending the memorandum during the duration of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and (B) such other provisions, consistent with the requirements of this title, as the parties to the agreement determine to be appropriate. (d) One-stop operators (1) Local designation and certification Consistent with paragraphs (2) and (3), the local board, with the agreement of the chief elected official, is authorized to designate or certify one-stop operators and to terminate for cause the eligibility of such operators. (2) Eligibility To be eligible to receive funds made available under this subtitle to operate a one-stop center referred to in subsection (e), an entity (which may be a consortium of entities)— (A) shall be designated or certified as a one-stop operator through a competitive process; and (B) shall be an entity (public, private, or nonprofit), or consortium of entities (including a consortium of entities that, at a minimum, includes 3 or more of the one-stop partners described in subsection (b)(1)), of demonstrated effectiveness, located in the local area, which may include— (i) an institution of higher education; (ii) an employment service State agency established under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), on behalf of the local office of the agency; (iii) a community-based organization, nonprofit organization, or intermediary; (iv) a private for-profit entity; (v) a government agency; and (vi) another interested organization or entity, which may include a local chamber of commerce or other business organization, or a labor organization. (3) Exception Elementary schools and secondary schools shall not be eligible for designation or certification as one-stop operators, except that nontraditional public secondary schools and area career and technical education schools may be eligible for such designation or certification. (4) Additional requirements The State and local boards shall ensure that in carrying out activities under this title, one-stop operators— (A) disclose any potential conflicts of interest arising from the relationships of the operators with particular training service providers or other service providers; (B) do not establish practices that create disincentives to providing services to individuals with barriers to employment who may require longer-term services, such as intensive employment, training, and education services; and (C) comply with Federal regulations, and procurement policies, relating to the calculation and use of profits. (e) Establishment of one-stop delivery system (1) In general There shall be established in each local area in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall— (A) provide the career services described in section 134(c)(2); (B) provide access to training services as described in section 134(c)(3), including serving as the point of access to training services for participants in accordance with section 134(c)(3)(G); (C) provide access to the employment and training activities carried out under section 134(d), if any; (D) provide access to programs and activities carried out by one-stop partners described in subsection (b); and (E) provide access to the data, information, and analysis described in section 15(a) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(a) ) and all job search, placement, recruitment, and other labor exchange services authorized under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ). (2) One-stop delivery The one-stop delivery system— (A) at a minimum, shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than 1 physical center in each local area of the State; and (B) may also make programs, services, and activities described in paragraph (1) available— (i) through a network of affiliated sites that can provide 1 or more of the programs, services, and activities to individuals; and (ii) through a network of eligible one-stop partners— (I) in which each partner provides 1 or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically or technologically linked access point; and (II) that assures individuals that information on the availability of the career services will be available regardless of where the individuals initially enter the statewide workforce development system, including information made available through an access point described in subclause (I); (C) may have specialized centers to address special needs, such as the needs of dislocated workers, youth, or key industry sectors or clusters; and (D) as applicable and practicable, shall make programs, services, and activities accessible to individuals through electronic means in a manner that improves efficiency, coordination, and quality in the delivery of one-stop partner services. (3) Colocation of wagner-peyser services Consistent with section 3(d) of the Wagner-Peyser Act ( 29 U.S.C. 49b(d) ), and in order to improve service delivery, avoid duplication of services, and enhance coordination of services, including location of staff to ensure access to services in underserved areas, the employment service offices in each State shall be colocated with one-stop centers established under this title. (4) Use of common one-stop delivery system identifier In addition to using any State or locally developed identifier, each one-stop delivery system shall include in the identification of products, programs, activities, services, facilities, and related property and materials, a common one-stop delivery system identifier. The identifier shall be developed by the Secretary, in consultation with heads of other appropriate departments and agencies, and representatives of State boards and local boards and of other stakeholders in the one-stop delivery system, not later than the beginning of the second full program year after the date of enactment of this Act. Such common identifier may consist of a logo, phrase, or other identifier that informs users of the one-stop delivery system that such products, programs, activities, services, facilities, property, or materials are being provided through such system. Nothing in this paragraph shall be construed to prohibit one-stop partners, States, or local areas from having additional identifiers. (f) Application to certain vocational rehabilitation programs (1) Limitation Nothing in this section shall be construed to apply to part C of title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 741 ). (2) Client assistance Nothing in this Act shall be construed to require that any entity carrying out a client assistance program authorized under section 112 of the Rehabilitation Act of 1973 ( 29 U.S.C. 732 )— (A) be included as a mandatory one-stop partner under subsection (b)(1); or (B) if the entity is included as an additional one-stop partner under subsection (b)(2)— (i) violate the requirement of section 112(c)(1)(A) of that Act ( 29 U.S.C. 732(c)(1)(A) ) that the entity be independent of any agency that provides treatment, services, or rehabilitation to individuals under that Act; or (ii) carry out any activity not authorized under section 112 of that Act (including appropriate Federal regulations). (g) Certification and continuous improvement of one-stop centers (1) In general In order to be eligible to receive infrastructure funding described in subsection (h), the State board, in consultation with chief elected officials and local boards, shall establish objective criteria and procedures for use by local boards in assessing at least once every 3 years the effectiveness, physical and programmatic accessibility in accordance with section 188, if applicable, and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq), and continuous improvement of one-stop centers and the one-stop delivery system, consistent with the requirements of section 101(d)(6). (2) Criteria The criteria and procedures developed under this subsection shall include standards relating to service coordination achieved by the one-stop delivery system with respect to the programs administered by the one-stop partners at the one-stop centers. Such criteria and procedures shall— (A) be developed in a manner that is consistent with the guidelines, guidance, and policies provided by the Governor and by the State board, in consultation with the chief elected officials and local boards, for such partners’ participation under subsections (h)(1) and (i); and (B) include such factors relating to the effectiveness, accessibility, and improvement of the one-stop delivery system as the State board determines to be appropriate, including at a minimum how well the one-stop center— (i) supports the achievement of the negotiated local levels of performance for the indicators of performance described in section 116(b)(2) for the local area; (ii) integrates available services; and (iii) meets the workforce development and employment needs of local employers and participants. (3) Local criteria Consistent with the criteria developed under paragraph (1) by the State, a local board in the State may develop additional criteria (or higher levels of service coordination than required for the State-developed criteria) relating to service coordination achieved by the one-stop delivery system, for purposes of assessments described in paragraph (1), in order to respond to labor market, economic, and demographic, conditions and trends in the local area. (4) Effect of certification One-stop centers certified under this subsection shall be eligible to receive the infrastructure funding described in subsection (h). (5) Review and update The criteria and procedures established under this subsection shall be reviewed and updated by the State board or the local board, as the case may be, as part of the biennial process for review and modification of State and local plans described in sections 102(c)(2) and 108(a). (h) Funding of one-stop infrastructure (1) In general (A) Options for infrastructure funding (i) Local options The local board, chief elected officials, and one-stop partners described in subsection (b)(1) in a local area may fund the costs of infrastructure of one-stop centers in the local area through— (I) methods agreed on by the local board, chief elected officials, and one-stop partners (and described in the memorandum of understanding described in subsection (c)); or (II) if no consensus agreement on methods is reached under subclause (I), the State infrastructure funding mechanism described in paragraph (2). (ii) Failure to reach consensus agreement on funding methods Beginning July 1, 2016, if the local board, chief elected officials, and one-stop partners described in subsection (b)(1) in a local area fail to reach consensus agreement on methods of sufficiently funding the costs of infrastructure of one-stop centers for a program year, the State infrastructure funding mechanism described in paragraph (2) shall be applicable to such local area for that program year and for each subsequent program year for which those entities and individuals fail to reach such agreement. (B) Guidance for infrastructure funding In addition to carrying out the requirements relating to the State infrastructure funding mechanism described in paragraph (2), the Governor, after consultation with chief elected officials, local boards, and the State board, and consistent with the guidance and policies provided by the State board under subparagraphs (B) and (C)(i) of section 101(d)(7), shall provide, for the use of local areas under subparagraph (A)(i)(I)— (i) guidelines for State-administered one-stop partner programs, for determining such programs’ contributions to a one-stop delivery system, based on such programs' proportionate use of such system consistent with chapter II of title 2, Code of Federal Regulations (or any corresponding similar regulation or ruling), including determining funding for the costs of infrastructure, which contributions shall be negotiated pursuant to the memorandum of understanding under subsection (c); and (ii) guidance to assist local boards, chief elected officials, and one-stop partners in local areas in determining equitable and stable methods of funding the costs of infrastructure of one-stop centers in such areas. (2) State one-stop infrastructure funding (A) Definition In this paragraph, the term covered portion , used with respect to funding for a fiscal year for a program described in subsection (b)(1), means a portion determined under subparagraph (C) of the Federal funds provided to a State (including local areas within the State) under the Federal law authorizing that program described in subsection (b)(1) for the fiscal year (taking into account the availability of funding for purposes related to infrastructure from philanthropic organizations, private entities, or other alternative financing options). (B) Partner contributions Subject to subparagraph (D), for local areas in a State that are not covered by paragraph (1)(A)(i)(I), the covered portions of funding for a fiscal year shall be provided to the Governor from the programs described in subsection (b)(1), to assist in paying the costs of infrastructure of one-stop centers in those local areas of the State not adequately funded under the option described in paragraph (1)(A)(i)(I). (C) Determination of Governor (i) In general Subject to clause (ii) and subparagraph (D), the Governor, after consultation with chief elected officials, local boards, and the State board, shall determine the portion of funds to be provided under subparagraph (B) by each one-stop partner from each program described in subparagraph (B). In making such determination for the purpose of determining funding contributions, for funding pursuant to clause (i)(II) or (ii) of paragraph (1)(A) by each partner, the Governor shall calculate amounts for the proportionate use of the one-stop centers in the State, consistent with chapter II of title 2, Code of Federal Regulations (or any corresponding similar regulation or ruling), taking into account the costs of administration of the one-stop delivery system for purposes not related to one-stop centers, for each partner. The Governor shall exclude from such determination of funds the amounts for proportionate use of one-stop centers attributable to the programs of one-stop partners for those local areas of the State where the costs of infrastructure of one-stop centers are funded under the option described in paragraph (1)(A)(i)(I). The Governor shall also take into account the statutory requirements for each partner program and the partner program’s ability to fulfill such requirements. (ii) Special rule In a State in which the State constitution or a State statute places policymaking authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title II, postsecondary career and technical education activities authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), or vocational rehabilitation services offered under a provision covered by section 3(13)(D), the determination described in clause (i) with respect to the programs authorized under that title, Act, or provision shall be made by the chief officer of the entity, or the official, with such authority in consultation with the Governor. (D) Limitations (i) Provision from administrative funds (I) In general Subject to subclause (II), the funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the program's limitations with respect to the portion of funds under such program that may be used for administration. (II) Exceptions Nothing in this clause shall be construed to apply to the programs carried out under this title, or under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.). (ii) Cap on required contributions For local areas in a State that are not covered by paragraph (1)(A)(i)(I), the following rules shall apply: (I) Wia formula programs and employment service The portion of funds required to be contributed under this paragraph from a program authorized under chapter 2 or 3, or the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) shall not exceed 3 percent of the amount of Federal funds provided to carry out that program in the State for a fiscal year. (II) Other one-stop partners The portion of funds required to be contributed under this paragraph from a program described in subsection (b)(1) other than the programs described in subclause (I) shall not exceed 1.5 percent of the amount of Federal funds provided to carry out that program in the State for a fiscal year. (III) Vocational rehabilitation Notwithstanding subclauses (I) and (II), an entity administering a program described in subsection (b)(1)(B)(iv) shall not be required to provide from that program, under this paragraph, a portion that exceeds— (aa) 0.75 percent of the amount of Federal funds provided to carry out such program in the State for the second full program year that begins after the date of enactment of this Act; (bb) 1.0 percent of the amount provided to carry out such program in the State for the third full program year that begins after such date; (cc) 1.25 percent of the amount provided to carry out such program in the State for the fourth full program year that begins after such date; and (dd) 1.5 percent of the amount provided to carry out such program in the State for the fifth and each succeeding full program year that begins after such date. (iii) Federal direct spending programs For local areas in a State that are not covered by paragraph (1)(A)(i)(I), an entity administering a program funded with direct spending as defined in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, as in effect on February 15, 2014 (2 U.S.C. 900(c)(8)) shall not be required to provide, for purposes of this paragraph, an amount in excess of the amount determined under subparagraph (C)(i) to be equivalent to the cost of the proportionate use of the one-stop centers for the one-stop partner for such program in the State. (iv) Native American programs One-stop partners for Native American programs established under section 166 shall not be subject to the provisions of this subsection (other than this clause) or subsection (i). For purposes of subsection (c)(2)(A)(ii)(II), the method for determining the appropriate portion of funds to be provided by such partners to pay for the costs of infrastructure of a one-stop center shall be determined as part of the development of the memorandum of understanding under subsection (c) for the one-stop center and shall be stated in the memorandum. (E) Appeal by one-stop partners The Governor shall establish a process, described under section 102(b)(2)(D)(i)(IV), for a one-stop partner administering a program described in subsection (b)(1) to appeal a determination regarding the portion of funds to be provided under this paragraph. Such a determination may be appealed under the process on the basis that such determination is inconsistent with the requirements of this paragraph. Such process shall ensure prompt resolution of the appeal in order to ensure the funds are distributed in a timely manner, consistent with the requirements of section 182(e). (3) Allocation by Governor (A) In general From the funds provided under paragraph (1), the Governor shall allocate the funds to local areas described in subparagraph (B) in accordance with the formula established under subparagraph (B) for the purposes of assisting in paying the costs of infrastructure of one-stop centers. (B) Allocation formula The State board shall develop a formula to be used by the Governor to allocate the funds provided under paragraph (1) to local areas not funding costs of infrastructure under the option described in paragraph (1)(A)(i)(I). The formula shall be based on factors including the number of one-stop centers in a local area, the population served by such centers, the services provided by such centers, and other factors relating to the performance of such centers that the State board determines are appropriate. (4) Costs of infrastructure In this subsection, the term costs of infrastructure , used with respect to a one-stop center, means the nonpersonnel costs that are necessary for the general operation of the one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, equipment (including assessment-related products and assistive technology for individuals with disabilities), and technology to facilitate access to the one-stop center, including the center’s planning and outreach activities. (i) Other funds (1) In general Subject to the memorandum of understanding described in subsection (c) for the one-stop delivery system involved, in addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the programs described in subsection (b) and administered by one-stop partners, or the noncash resources available under such programs, shall be used to pay the additional costs relating to the operation of the one-stop delivery system that are not paid from the funds provided under subsection (h), as determined in accordance with paragraph (3), to the extent not inconsistent with the Federal law involved. Such costs shall include the costs of the provision of career services described in section 134(c)(2) applicable to each program and may include common costs that are not paid from the funds provided under subsection (h). (2) Shared services The costs described under paragraph (1) may include costs of services that are authorized for and may be commonly provided through the one-stop partner programs to any individual, such as initial intake, assessment of needs, appraisal of basic skills, identification of appropriate services to meet such needs, referrals to other one-stop partners, and other similar services. (3) Determination and guidance The method for determining the appropriate portion of funds and noncash resources to be provided by the one-stop partner for each program under paragraph (1) for a one-stop center shall be determined as part of the development of the memorandum of understanding under subsection (c) for the one-stop center and shall be stated in the memorandum. The State board shall provide guidance to facilitate the determination, for purposes of the memorandum of understanding, of an appropriate allocation of the funds and noncash resources in local areas, consistent with the requirements of section 101(d)(6)(C). 122. Identification of eligible providers of training services (a) Eligibility (1) In general Except as provided in subsection (h), the Governor, after consultation with the State board, shall establish criteria, information requirements, and procedures regarding the eligibility of providers of training services to receive funds provided under section 133(b) for the provision of training services in local areas in the State. (2) Providers Subject to the provisions of this section, to be eligible to receive those funds for the provision of training services, the provider shall be— (A) an institution of higher education that provides a program that leads to a recognized postsecondary credential; (B) an entity that carries out programs registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ); or (C) another public or private provider of a program of training services, which may include joint labor-management organizations, and eligible providers of adult education and literacy activities under title II if such activities are provided in combination with occupational skills training. (3) Inclusion in list of eligible providers A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria, information requirements, and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be included and maintained on the list of eligible providers of training services described in subsection (d) for so long as the corresponding program of the provider remains registered as described in paragraph (2)(B). (b) Criteria and information requirements (1) State criteria In establishing criteria pursuant to subsection (a), the Governor shall take into account each of the following: (A) The performance of providers of training services with respect to— (i) the performance accountability measures and other matters for which information is required under paragraph (2); and (ii) other appropriate measures of performance outcomes determined by the Governor for those participants receiving training services under this subtitle (taking into consideration the characteristics of the population served and relevant economic conditions), and the outcomes of the program through which those training services were provided for students in general with respect to employment and earnings as defined under section 116(b)(2). (B) The need to ensure access to training services throughout the State, including in rural areas, and through the use of technology. (C) Information reported to State agencies with respect to Federal and State programs involving training services (other than the program carried out under this subtitle), including one-stop partner programs. (D) The degree to which the training programs of such providers relate to in-demand industry sectors and occupations in the State. (E) The requirements for State licensing of providers of training services, and the licensing status of providers of training services if applicable. (F) Ways in which the criteria can encourage, to the extent practicable, the providers to use industry-recognized certificates or certifications. (G) The ability of the providers to offer programs that lead to recognized postsecondary credentials. (H) The quality of a program of training services, including a program of training services that leads to a recognized postsecondary credential. (I) The ability of the providers to provide training services to individuals who are employed and individuals with barriers to employment. (J) Such other factors as the Governor determines are appropriate to ensure— (i) the accountability of the providers; (ii) that the one-stop centers in the State will ensure that such providers meet the needs of local employers and participants; (iii) the informed choice of participants among training services providers; and (iv) that the collection of information required to demonstrate compliance with the criteria is not unduly burdensome or costly to providers. (2) State information requirements The information requirements established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State, to enable the State to carry out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including— (A) information on the performance of the provider with respect to the performance accountability measures described in section 116 for such participants (taking into consideration the characteristics of the population served and relevant economic conditions), and information specifying the percentage of such participants who entered unsubsidized employment in an occupation related to the program, to the extent practicable; (B) information on recognized postsecondary credentials received by such participants; (C) information on cost of attendance, including costs of tuition and fees, for participants in the program; (D) information on the program completion rate for such participants; and (E) information on the criteria described in paragraph (1). (3) Local criteria and information requirements A local board in the State may establish criteria and information requirements in addition to the criteria and information requirements established by the Governor, or may require higher levels of performance than required for the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) for the provision of training services in the local area involved. (4) Criteria and information requirements to establish initial eligibility (A) Purpose The purpose of this paragraph is to enable the providers of programs carried out under chapter 3 to offer the highest quality training services and be responsive to in-demand and emerging industries by providing training services for those industries. (B) Initial eligibility Providers may seek initial eligibility under this paragraph as providers of training services and may receive that initial eligibility for only 1 fiscal year for a particular program. The criteria and information requirements established by the Governor under this paragraph shall require that a provider who has not previously been an eligible provider of training services under this section (or section 122 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act) provide the information described in subparagraph (C). (C) Information The provider shall provide verifiable program-specific performance information based on criteria established by the State as described in subparagraph (D) that supports the provider’s ability to serve participants under this subtitle. (D) Criteria The criteria described in subparagraph (C) shall include at least— (i) a factor related to indicators described in section 116; (ii) a factor concerning whether the provider is in a partnership with business; (iii) other factors that indicate high-quality training services, including the factor described in paragraph (1)(H); and (iv) a factor concerning alignment of the training services with in-demand industry sectors and occupations, to the extent practicable. (E) Provision The provider shall provide the information described in subparagraph (C) to the Governor and the local board in a manner that will permit the Governor and the local board to make a decision on inclusion of the provider on the list of eligible providers described in subsection (d). (F) Limitation A provider that receives initial eligibility under this paragraph for a program shall be subject to the requirements under subsection (c) for that program after such initial eligibility expires. (c) Procedures (1) Application procedures The procedures established under subsection (a) shall identify the application process for a provider of training services to become eligible to receive funds provided under section 133(b) for the provision of training services. The procedures shall identify the respective roles of the State and local areas in receiving and reviewing the applications and in making determinations of such eligibility based on the criteria, information, and procedures established under this section. The procedures shall also establish a process for a provider of training services to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal. (2) Renewal procedures The procedures established by the Governor shall also provide for biennial review and renewal of eligibility under this section for providers of training services. (d) List and information to assist participants in choosing providers (1) In general In order to facilitate and assist participants in choosing employment and training activities and in choosing providers of training services, the Governor shall ensure that an appropriate list of providers determined to be eligible under this section to offer a program in the State (and, as appropriate, in a local area), accompanied by information identifying the recognized postsecondary credential offered by the provider and other appropriate information, is prepared. The list shall be provided to the local boards in the State, and made available to such participants and to members of the public through the one-stop delivery system in the State. (2) Accompanying information The accompanying information shall— (A) with respect to providers described in subparagraphs (A) and (C) of subsection (a)(2), consist of information provided by such providers, disaggregated by local areas served, as applicable, in accordance with subsection (b); (B) with respect to providers described in subsection (b)(4), consist of information provided by such providers in accordance with subsection (b)(4); and (C) such other information as the Governor determines to be appropriate. (3) Availability The list and the accompanying information shall be made available to such participants and to members of the public through the one-stop delivery system in the State, in a manner that does not reveal personally identifiable information about an individual participant. (4) Limitation In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including a Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or student in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (e) Opportunity to submit comments In establishing, under this section, criteria, information requirements, procedures, and the list of eligible providers described in subsection (d), the Governor shall provide an opportunity for interested members of the public to make recommendations and submit comments regarding such criteria, information requirements, procedures, and list. (f) Enforcement (1) In general The procedures established under this section shall provide the following: (A) Intentionally supplying inaccurate information Upon a determination, by an individual or entity specified in the procedures, that a provider of training services, or individual providing information on behalf of the provider, violated this section (or section 122 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act) by intentionally supplying inaccurate information under this section, the eligibility of such provider to receive funds under chapter 3 shall be terminated for a period of time that is not less than 2 years. (B) Substantial violations Upon a determination, by an individual or entity specified in the procedures, that a provider of training services substantially violated any requirement under this title (or title I of the Workforce Investment Act of 1998, as in effect on the day before such date of enactment), the eligibility of such provider to receive funds under chapter 3 for the program involved shall be terminated for a period of not less than 2 years. (C) Repayment A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, as in effect on the day before such date of enactment, or chapter 3 of this subtitle during a period of violation described in such subparagraph. (2) Construction Paragraph (1) shall be construed to provide remedies and penalties that supplement, but shall not supplant, civil and criminal remedies and penalties specified in other provisions of law. (g) Agreements with other States States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept individual training accounts provided in another State. (h) On-the-job training, customized training, incumbent worker training, and other training exceptions (1) In general Providers of on-the-job training, customized training, incumbent worker training, internships, and paid or unpaid work experience opportunities, or transitional employment shall not be subject to the requirements of subsections (a) through (f). (2) Collection and dissemination of information A one-stop operator in a local area shall collect such performance information from providers of on-the-job training, customized training, incumbent worker training, internships, paid or unpaid work experience opportunities, and transitional employment as the Governor may require, and use the information to determine whether the providers meet such performance criteria as the Governor may require. The one-stop operator shall disseminate information identifying such providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services. (i) Transition period for implementation The Governor and local boards shall implement the requirements of this section not later than 12 months after the date of enactment of this Act. In order to facilitate early implementation of this section, the Governor may establish transition procedures under which providers eligible to provide training services under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, as such chapter was in effect on the day before the date of enactment of this Act, may continue to be eligible to provide such services until December 31, 2015, or until such earlier date as the Governor determines to be appropriate. 123. Eligible providers of youth workforce investment activities (a) In general From the funds allocated under section 128(b) to a local area, the local board for such area shall award grants or contracts on a competitive basis to providers of youth workforce investment activities identified based on the criteria in the State plan (including such quality criteria as the Governor shall establish for a training program that leads to a recognized postsecondary credential), and taking into consideration the ability of the providers to meet performance accountability measures based on primary indicators of performance for the youth program as described in section 116(b)(2)(A)(ii)), as described in section 102(b)(2)(D)(i)(V), and shall conduct oversight with respect to such providers. (b) Exceptions A local board may award grants or contracts on a sole-source basis if such board determines there is an insufficient number of eligible providers of youth workforce investment activities in the local area involved (such as a rural area) for grants and contracts to be awarded on a competitive basis under subsection (a). 2 Youth workforce investment activities 126. General authorization The Secretary shall make an allotment under section 127(b)(1)(C) to each State that meets the requirements of section 102 or 103 and a grant under section 127(b)(1)(B) to each outlying area that complies with the requirements of this title, to assist the State or outlying area, and to enable the State or outlying area to assist local areas, for the purpose of providing workforce investment activities for eligible youth in the State or outlying area and in the local areas. 127. State allotments (a) In general The Secretary shall— (1) for each fiscal year for which the amount appropriated under section 136(a) exceeds $925,000,000, reserve 4 percent of the excess amount to provide youth workforce investment activities under section 167 (relating to migrant and seasonal farmworkers); and (2) use the remainder of the amount appropriated under section 136(a) for a fiscal year to make allotments and grants in accordance with subsection (b). (b) Allotment among States (1) Youth workforce investment activities (A) Native americans From the amount appropriated under section 136(a) for a fiscal year that is not reserved under subsection (a)(1), the Secretary shall reserve not more than 1 1/2 percent of such amount to provide youth workforce investment activities under section 166 (relating to Native Americans). (B) Outlying areas (i) In general From the amount appropriated under section 136(a) for each fiscal year that is not reserved under subsection (a)(1) and subparagraph (A), the Secretary shall reserve not more than 1/4 of 1 percent of such amount to provide assistance to the outlying areas to carry out youth workforce investment activities and statewide workforce investment activities. (ii) Limitation for outlying areas (I) Competitive grants The Secretary shall use funds reserved under clause (i) to award grants to outlying areas to carry out youth workforce investment activities and statewide workforce investment activities. (II) Award basis The Secretary shall award grants pursuant to subclause (I) on a competitive basis and pursuant to the recommendations of experts in the field of employment and training, working through the Pacific Region Educational Laboratory in Honolulu, Hawaii. (III) Administrative costs The Secretary may provide not more than 5 percent of the funds made available for grants under subclause (I) to pay the administrative costs of the Pacific Region Educational Laboratory in Honolulu, Hawaii, regarding activities assisted under this clause. (iii) Additional requirement The provisions of section 501 of Public Law 95–134 ( 48 U.S.C. 1469a ), permitting the consolidation of grants by the outlying areas, shall not apply to assistance provided to those areas, including Palau, under this subparagraph. (C) States (i) In general From the remainder of the amount appropriated under section 136(a) for a fiscal year that exists after the Secretary determines the amounts to be reserved under subsection (a)(1) and subparagraphs (A) and (B), the Secretary shall make allotments to the States in accordance with clause (ii) for youth workforce investment activities and statewide workforce investment activities. (ii) Formula Subject to clauses (iii) and (iv), of the remainder— (I) 33 1/3 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (II) 33 1/3 percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and (III) 33 1/3 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States, except as described in clause (iii). (iii) Calculation In determining an allotment under clause (ii)(III) for any State in which there is an area that was designated as a local area as described in section 107(c)(1)(C), the allotment shall be based on the higher of— (I) the number of individuals who are age 16 through 21 in families with an income below the low-income level in such area; or (II) the number of disadvantaged youth in such area. (iv) Minimum and maximum percentages and minimum allotments In making allotments under this subparagraph, the Secretary shall ensure the following: (I) Minimum percentage and allotment Subject to subclause (IV), the Secretary shall ensure that no State shall receive an allotment for a fiscal year that is less than the greater of— (aa) an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year; or (bb) 100 percent of the allotments of the State under section 127(b)(1)(C) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act) for fiscal year 2014. (II) Small state minimum allotment Subject to subclauses (I), (III), and (IV), the Secretary shall ensure that no State shall receive an allotment under this subparagraph that is less than the total of— (aa) 3/10 of 1 percent of $1,000,000,000 of the remainder described in clause (i) for the fiscal year; and (bb) if the remainder described in clause (i) for the fiscal year exceeds $1,000,000,000, 2/5 of 1 percent of the excess. (III) Maximum percentage Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year. (IV) Minimum funding In any fiscal year in which the remainder described in clause (i) does not exceed $1,000,000,000, the minimum allotments under subclauses (I) and (II) shall be calculated by the methodology specified in section 127(b)(1)(C)(iv)(IV) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act). (2) Definitions For the purpose of the formula specified in paragraph (1)(C): (A) Allotment percentage The term allotment percentage , used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the remainder described in paragraph (1)(C)(i) that is received through an allotment made under paragraph (1)(C) for the fiscal year. The term, used with respect to fiscal year 2014, means the percentage of the amount allotted to States under section 127(b)(1)(C) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act) that is received under such section by the State involved for fiscal year 2014. (B) Area of substantial unemployment The term area of substantial unemployment means any area that is of sufficient size and scope to sustain a program of workforce investment activities carried out under this subtitle and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. For purposes of this subparagraph, determinations of areas of substantial unemployment shall be made once each fiscal year. (C) Disadvantaged youth Subject to paragraph (3), the term disadvantaged youth means an individual who is age 16 through 21 who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of— (i) the poverty line; or (ii) 70 percent of the lower living standard income level. (D) Excess number The term excess number means, used with respect to the excess number of unemployed individuals within a State, the higher of— (i) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or (ii) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State. (E) Low-income level The term low-income level means $7,000 with respect to income in 1969, and for any later year means that amount that bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000. (3) Special rule For the purpose of the formula specified in paragraph (1)(C), the Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of disadvantaged youth. (c) Reallotment (1) In general The Secretary shall, in accordance with this subsection, reallot to eligible States amounts that are made available to States from allotments made under this section or a corresponding provision of the Workforce Investment Act of 1998 for youth workforce investment activities and statewide workforce investment activities (referred to individually in this subsection as a State allotment ) and that are available for reallotment. (2) Amount The amount available for reallotment for a program year is equal to the amount by which the unobligated balance of the State allotment, at the end of the program year prior to the program year for which the determination under this paragraph is made, exceeds 20 percent of such allotment for the prior program year. (3) Reallotment In making reallotments to eligible States of amounts available pursuant to paragraph (2) for a program year, the Secretary shall allot to each eligible State an amount based on the relative amount of the State allotment for the program year for which the determination is made, as compared to the total amount of the State allotments for all eligible States for such program year. (4) Eligibility For purposes of this subsection, an eligible State means a State that does not have an amount available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made. (5) Procedures The Governor shall prescribe uniform procedures for the obligation of funds by local areas within the State in order to avoid the requirement that funds be made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making funds available from the State and local areas in the event that a State is required to make funds available for reallotment under this subsection. 128. Within State allocations (a) Reservations for statewide activities (1) In general The Governor shall reserve not more than 15 percent of each of the amounts allotted to the State under section 127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of section 132(b) for a fiscal year for statewide workforce investment activities. (2) Use of funds Regardless of whether the reserved amounts were allotted under section 127(b)(1)(C), or under paragraph (1)(B) or (2)(B) of section 132(b), the Governor may use the reserved amounts to carry out statewide activities under section 129(b) or statewide employment and training activities, for adults or dislocated workers, under section 134(a). (b) Within State allocations (1) Methods The Governor, acting in accordance with the State plan, and after consulting with chief elected officials and local boards in the local areas, shall allocate the funds that are allotted to the State for youth activities and statewide workforce investment activities under section 127(b)(1)(C) and are not reserved under subsection (a), in accordance with paragraph (2) or (3). (2) Formula allocation (A) Youth activities (i) Allocation In allocating the funds described in paragraph (1) to local areas, a State may allocate— (I) 33 1/3 percent of the funds on the basis described in section 127(b)(1)(C)(ii)(I); (II) 33 1/3 percent of the funds on the basis described in section 127(b)(1)(C)(ii)(II); and (III) 33 1/3 percent of the funds on the basis described in clauses (ii)(III) and (iii) of section 127(b)(1)(C). (ii) Minimum percentage The local area shall not receive an allocation percentage for a fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph. (iii) Definition In this subparagraph, the term allocation percentage , used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph, for the fiscal year. The term, used with respect to fiscal year 2013 or 2014, means a percentage of the funds referred to in section 128(b)(1) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), received through an allocation made under paragraph (2) or (3) of section 128(b) of the Workforce Investment Act of 1998 (as so in effect), for the fiscal year 2013 or 2014, respectively. (B) Application For purposes of carrying out subparagraph (A)— (i) references in section 127(b) to a State shall be deemed to be references to a local area; (ii) references in section 127(b) to all States shall be deemed to be references to all local areas in the State involved; and (iii) except as described in clause (i), references in section 127(b)(1) to the term excess number shall be considered to be references to the term as defined in section 127(b)(2). (3) Youth discretionary allocation In lieu of making the allocation described in paragraph (2), in allocating the funds described in paragraph (1) to local areas, a State may distribute— (A) a portion equal to not less than 70 percent of the funds in accordance with paragraph (2)(A); and (B) the remaining portion of the funds on the basis of a formula that— (i) incorporates additional factors (other than the factors described in paragraph (2)(A)) relating to— (I) excess youth poverty in urban, rural, and suburban local areas; and (II) excess unemployment above the State average in urban, rural, and suburban local areas; and (ii) was developed by the State board and approved by the Secretary as part of the State plan. (4) Local administrative cost limit (A) In general Of the amount allocated to a local area under this subsection and section 133(b) for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities under this chapter or chapter 3. (B) Use of funds Funds made available for administrative costs under subparagraph (A) may be used for the administrative costs of any of the local workforce investment activities described in this chapter or chapter 3, regardless of whether the funds were allocated under this subsection or section 133(b). (c) Reallocation among local areas (1) In general The Governor may, in accordance with this subsection and after consultation with the State board, reallocate to eligible local areas within the State amounts that are made available to local areas from allocations made under this section or a corresponding provision of the Workforce Investment Act of 1998 for youth workforce investment activities (referred to individually in this subsection as a local allocation ) and that are available for reallocation. (2) Amount The amount available for reallocation for a program year is equal to the amount by which the unobligated balance of the local allocation, at the end of the program year prior to the program year for which the determination under this paragraph is made, exceeds 20 percent of such allocation for the prior program year. (3) Reallocation In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount of the local allocation for the program year for which the determination is made, as compared to the total amount of the local allocations for all eligible local areas in the State for such program year. (4) Eligibility For purposes of this subsection, an eligible local area means a local area that does not have an amount available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made. 129. Use of funds for youth workforce investment activities (a) Youth participant eligibility (1) Eligibility (A) In general To be eligible to participate in activities carried out under this chapter during any program year an individual shall, at the time the eligibility determination is made, be an out-of-school youth or an in-school youth. (B) Out-of-school youth In this title, the term out-of-school youth means an individual who is— (i) not attending any school (as defined under State law); (ii) not younger than age 16 or older than age 24; and (iii) one or more of the following: (I) A school dropout. (II) A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter. (III) A recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is— (aa) basic skills deficient; or (bb) an English language learner. (IV) An individual who is subject to the juvenile or adult justice system. (V) A homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6) )), a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) )), a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act ( 42 U.S.C. 677 ), or in an out-of-home placement. (VI) An individual who is pregnant or parenting. (VII) A youth who is an individual with a disability. (VIII) A low-income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment. (C) In-school youth In this section, the term in-school youth means an individual who is— (i) attending school (as defined by State law); (ii) not younger than age 14 or (unless an individual with a disability who is attending school under State law) older than age 21; (iii) a low-income individual; and (iv) one or more of the following: (I) Basic skills deficient. (II) An English language learner. (III) An offender. (IV) A homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6) )), a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) )), a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act ( 42 U.S.C. 677 ), or in an out-of-home placement. (V) Pregnant or parenting. (VI) A youth who is an individual with a disability. (VII) An individual who requires additional assistance to complete an educational program or to secure or hold employment. (2) Special rule For the purpose of this subsection, the term low-income , used with respect to an individual, also includes a youth living in a high-poverty area. (3) Exception and limitation (A) Exception for persons who are not low-income individuals (i) Definition In this subparagraph, the term covered individual means an in-school youth, or an out-of-school youth who is described in subclause (III) or (VIII) of paragraph (1)(B)(iii). (ii) Exception In each local area, not more than 5 percent of the individuals assisted under this section may be persons who would be covered individuals, except that the persons are not low-income individuals. (B) Limitation In each local area, not more than 5 percent of the in-school youth assisted under this section may be eligible under paragraph (1) because the youth are in-school youth described in paragraph (1)(C)(iv)(VII). (4) Out-of-school priority (A) In general For any program year, not less than 75 percent of the funds allotted under section 127(b)(1)(C), reserved under section 128(a), and available for statewide activities under subsection (b), and not less than 75 percent of funds available to local areas under subsection (c), shall be used to provide youth workforce investment activities for out-of-school youth. (B) Exception A State that receives a minimum allotment under section 127(b)(1) in accordance with section 127(b)(1)(C)(iv) or under section 132(b)(1) in accordance with section 132(b)(1)(B)(iv) may decrease the percentage described in subparagraph (A) to not less than 50 percent for a local area in the State, if— (i) after an analysis of the in-school youth and out-of-school youth populations in the local area, the State determines that the local area will be unable to use at least 75 percent of the funds available for activities under subsection (c) to serve out-of-school youth due to a low number of out-of-school youth; and (ii) (I) the State submits to the Secretary, for the local area, a request including a proposed percentage decreased to not less than 50 percent for purposes of subparagraph (A), and a summary of the analysis described in clause (i); and (II) the request is approved by the Secretary. (5) Consistency with compulsory school attendance laws In providing assistance under this section to an individual who is required to attend school under applicable State compulsory school attendance laws, the priority in providing such assistance shall be for the individual to attend school regularly. (b) Statewide activities (1) Required Statewide Youth Activities Funds reserved by a Governor as described in sections 128(a) and 133(a)(1) shall be used, regardless of whether the funds were allotted to the State under section 127(b)(1)(C) or under paragraph (1)(B) or (2)(B) of section 132(b) for statewide activities, which shall include— (A) conducting evaluations under section 116(e) of activities authorized under this chapter and chapter 3 in coordination with evaluations carried out by the Secretary under section 169(a); (B) disseminating a list of eligible providers of youth workforce investment activities, as determined under section 123; (C) providing assistance to local areas as described in subsections (b)(6) and (c)(2) of section 106, for local coordination of activities carried out under this title; (D) operating a fiscal and management accountability information system under section 116(i); (E) carrying out monitoring and oversight of activities carried out under this chapter and chapter 3, which may include a review comparing the services provided to male and female youth; and (F) providing additional assistance to local areas that have high concentrations of eligible youth. (2) Allowable statewide youth activities Funds reserved by a Governor as described in sections 128(a) and 133(a)(1) may be used, regardless of whether the funds were allotted to the State under section 127(b)(1)(C) or under paragraph (1)(B) or (2)(B) of section 132(b), for statewide activities, which may include— (A) conducting— (i) research related to meeting the education and employment needs of eligible youth; and (ii) demonstration projects related to meeting the education and employment needs of eligible youth; (B) supporting the development of alternative, evidence-based programs and other activities that enhance the choices available to eligible youth and encourage such youth to reenter and complete secondary education, enroll in postsecondary education and advanced training, progress through a career pathway, and enter into unsubsidized employment that leads to economic self-sufficiency; (C) supporting the provision of career services described in section 134(c)(2) in the one-stop delivery system in the State; (D) supporting financial literacy, including— (i) supporting the ability of participants to create household budgets, initiate savings plans, and make informed financial decisions about education, retirement, home ownership, wealth building, or other savings goals; (ii) supporting the ability to manage spending, credit, and debt, including credit card debt, effectively; (iii) increasing awareness of the availability and significance of credit reports and credit scores in obtaining credit, including determining their accuracy (and how to correct inaccuracies in the reports and scores), and their effect on credit terms; (iv) supporting the ability to understand, evaluate, and compare financial products, services, and opportunities; and (v) supporting activities that address the particular financial literacy needs of non-English speakers, including providing the support through the development and distribution of multilingual financial literacy and education materials; and (E) providing technical assistance to, as appropriate, local boards, chief elected officials, one-stop operators, one-stop partners, and eligible providers, in local areas, which provision of technical assistance shall include the development and training of staff, the development of exemplary program activities, the provision of technical assistance to local areas that fail to meet local performance accountability measures described in section 116(c), and the provision of technology to facilitate remote access to services provided through the one-stop delivery system in the State. (3) Limitation Not more than 5 percent of the funds allotted to a State under section 127(b)(1)(C) shall be used by the State for administrative activities carried out under this subsection or section 134(a). (c) Local elements and requirements (1) Program design Funds allocated to a local area for eligible youth under section 128(b) shall be used to carry out, for eligible youth, programs that— (A) provide an objective assessment of the academic levels, skill levels, and service needs of each participant, which assessment shall include a review of basic skills, occupational skills, prior work experience, employability, interests, aptitudes (including interests and aptitudes for nontraditional jobs), supportive service needs, and developmental needs of such participant, for the purpose of identifying appropriate services and career pathways for participants, except that a new assessment of a participant is not required if the provider carrying out such a program determines it is appropriate to use a recent assessment of the participant conducted pursuant to another education or training program; (B) develop service strategies for each participant that are directly linked to 1 or more of the indicators of performance described in section 116(b)(2)(A)(ii), and that shall identify career pathways that include education and employment goals (including, in appropriate circumstances, nontraditional employment), appropriate achievement objectives, and appropriate services for the participant taking into account the assessment conducted pursuant to subparagraph (A), except that a new service strategy for a participant is not required if the provider carrying out such a program determines it is appropriate to use a recent service strategy developed for the participant under another education or training program; (C) provide— (i) activities leading to the attainment of a secondary school diploma or its recognized equivalent, or a recognized postsecondary credential; (ii) preparation for postsecondary educational and training opportunities; (iii) strong linkages between academic instruction (based on State academic content and student academic achievement standards established under section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 )) and occupational education that lead to the attainment of recognized postsecondary credentials; (iv) preparation for unsubsidized employment opportunities, in appropriate cases; and (v) effective connections to employers, including small employers, in in-demand industry sectors and occupations of the local and regional labor markets; and (D) at the discretion of the local board, implement a pay-for-performance contract strategy for elements described in paragraph (2), for which the local board may reserve and use not more than 10 percent of the total funds allocated to the local area under section 128(b). (2) Program elements In order to support the attainment of a secondary school diploma or its recognized equivalent, entry into postsecondary education, and career readiness for participants, the programs described in paragraph (1) shall provide elements consisting of— (A) tutoring, study skills training, instruction, and evidence-based dropout prevention and recovery strategies that lead to completion of the requirements for a secondary school diploma or its recognized equivalent (including a recognized certificate of attendance or similar document for individuals with disabilities) or for a recognized postsecondary credential; (B) alternative secondary school services, or dropout recovery services, as appropriate; (C) paid and unpaid work experiences that have as a component academic and occupational education, which may include— (i) summer employment opportunities and other employment opportunities available throughout the school year; (ii) pre-apprenticeship programs; (iii) internships and job shadowing; and (iv) on-the-job training opportunities; (D) occupational skill training, which shall include priority consideration for training programs that lead to recognized postsecondary credentials that are aligned with in-demand industry sectors or occupations in the local area involved, if the local board determines that the programs meet the quality criteria described in section 123; (E) education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster; (F) leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social and civic behaviors, as appropriate; (G) supportive services; (H) adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months; (I) followup services for not less than 12 months after the completion of participation, as appropriate; (J) comprehensive guidance and counseling, which may include drug and alcohol abuse counseling and referral, as appropriate; (K) financial literacy education; (L) entrepreneurial skills training; (M) services that provide labor market and employment information about in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services; and (N) activities that help youth prepare for and transition to postsecondary education and training. (3) Additional requirements (A) Information and referrals Each local board shall ensure that each participant shall be provided— (i) information on the full array of applicable or appropriate services that are available through the local board or other eligible providers or one-stop partners, including those providers or partners receiving funds under this subtitle; and (ii) referral to appropriate training and educational programs that have the capacity to serve the participant either on a sequential or concurrent basis. (B) Applicants not meeting enrollment requirements Each eligible provider of a program of youth workforce investment activities shall ensure that an eligible applicant who does not meet the enrollment requirements of the particular program or who cannot be served shall be referred for further assessment, as necessary, and referred to appropriate programs in accordance with subparagraph (A) to meet the basic skills and training needs of the applicant. (C) Involvement in design and implementation The local board shall ensure that parents, participants, and other members of the community with experience relating to programs for youth are involved in the design and implementation of the programs described in paragraph (1). (4) Priority Not less than 20 percent of the funds allocated to the local area as described in paragraph (1) shall be used to provide in-school youth and out-of-school youth with activities under paragraph (2)(C). (5) Rule of construction Nothing in this chapter shall be construed to require that each of the elements described in subparagraphs of paragraph (2) be offered by each provider of youth services. (6) Prohibitions (A) Prohibition against Federal control of education No provision of this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution, school, or school system. (B) Noninterference and nonreplacement of regular academic requirements No funds described in paragraph (1) shall be used to provide an activity for eligible youth who are not school dropouts if participation in the activity would interfere with or replace the regular academic requirements of the youth. (7) Linkages In coordinating the programs authorized under this section, local boards shall establish linkages with local educational agencies responsible for services to participants as appropriate. (8) Volunteers The local board shall make opportunities available for individuals who have successfully participated in programs carried out under this section to volunteer assistance to participants in the form of mentoring, tutoring, and other activities. 3 Adult and dislocated worker employment and training activities 131. General authorization The Secretary shall make allotments under paragraphs (1)(B) and (2)(B) of section 132(b) to each State that meets the requirements of section 102 or 103 and grants under paragraphs (1)(A) and (2)(A) of section 132(b) to each outlying area that complies with the requirements of this title, to assist the State or outlying area, and to enable the State or outlying area to assist local areas, for the purpose of providing workforce investment activities for adults, and dislocated workers, in the State or outlying area and in the local areas. 132. State allotments (a) In general The Secretary shall— (1) make allotments and grants from the amount appropriated under section 136(b) for a fiscal year in accordance with subsection (b)(1); and (2) (A) reserve 20 percent of the amount appropriated under section 136(c) for the fiscal year for use under subsection (b)(2)(A), and under sections 168(b) (relating to dislocated worker technical assistance), 169(c) (relating to dislocated worker projects), and 170 (relating to national dislocated worker grants); and (B) make allotments from 80 percent of the amount appropriated under section 136(c) for the fiscal year in accordance with subsection (b)(2)(B). (b) Allotment among States (1) Adult employment and training activities (A) Reservation for outlying areas (i) In general From the amount made available under subsection (a)(1) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent of such amount to provide assistance to the outlying areas. (ii) Applicability of additional requirements From the amount reserved under clause (i), the Secretary shall provide assistance to the outlying areas for adult employment and training activities and statewide workforce investment activities in accordance with the requirements of section 127(b)(1)(B). (B) States (i) In general After determining the amount to be reserved under subparagraph (A), the Secretary shall allot the remainder of the amount made available under subsection (a)(1) for that fiscal year to the States pursuant to clause (ii) for adult employment and training activities and statewide workforce investment activities. (ii) Formula Subject to clauses (iii) and (iv), of the remainder— (I) 33 1/3 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (II) 33 1/3 percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and (III) 33 1/3 percent shall be allotted on the basis of the relative number of disadvantaged adults in each State, compared to the total number of disadvantaged adults in all States, except as described in clause (iii). (iii) Calculation In determining an allotment under clause (ii)(III) for any State in which there is an area that was designated as a local area as described in section 107(c)(1)(C), the allotment shall be based on the higher of— (I) the number of adults in families with an income below the low-income level in such area; or (II) the number of disadvantaged adults in such area. (iv) Minimum and maximum percentages and minimum allotments In making allotments under this subparagraph, the Secretary shall ensure the following: (I) Minimum percentage and allotment Subject to subclause (IV), the Secretary shall ensure that no State shall receive an allotment for a fiscal year that is an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year. (II) Small state minimum allotment Subject to subclauses (I), (III), and (IV), the Secretary shall ensure that no State shall receive an allotment under this subparagraph that is less than the total of— (aa) 3/10 of 1 percent of $960,000,000 of the remainder described in clause (i) for the fiscal year; and (bb) if the remainder described in clause (i) for the fiscal year exceeds $960,000,000, 2/5 of 1 percent of the excess. (III) Maximum percentage Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year. (IV) Minimum funding In any fiscal year in which the remainder described in clause (i) does not exceed $960,000,000, the minimum allotments under subclauses (I) and (II) shall be calculated by the methodology specified in section 132(b)(1)(B)(iv)(IV) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act). (v) Definitions For the purpose of the formula specified in this subparagraph: (I) Adult The term adult means an individual who is not less than age 22 and not more than age 72. (II) Allotment percentage The term allotment percentage , used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the remainder described in clause (i) that is received through an allotment made under this subparagraph for the fiscal year. The term, used with respect to fiscal year 2014, means the percentage of the amount allotted to States under section 132(b)(1)(B) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act) that is received under such section by the State involved for fiscal year 2014. (III) Area of substantial unemployment The term area of substantial unemployment means any area that is of sufficient size and scope to sustain a program of workforce investment activities carried out under this subtitle and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. For purposes of this subclause, determinations of areas of substantial unemployment shall be made once each fiscal year. (IV) Disadvantaged adult Subject to subclause (V), the term disadvantaged adult means an adult who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of— (aa) the poverty line; or (bb) 70 percent of the lower living standard income level. (V) Disadvantaged adult special rule The Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of disadvantaged adults. (VI) Excess number The term excess number means, used with respect to the excess number of unemployed individuals within a State, the higher of— (aa) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or (bb) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State. (VII) Low-income level The term low-income level means $7,000 with respect to income in 1969, and for any later year means that amount that bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000. (2) Dislocated worker employment and training activities (A) Reservation for outlying areas (i) In general From the amount made available under subsection (a)(2)(A) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent of the amount appropriated under section 136(c) for the fiscal year to provide assistance to the outlying areas. (ii) Applicability of additional requirements From the amount reserved under clause (i), the Secretary shall provide assistance to the outlying areas for dislocated worker employment and training activities and statewide workforce investment activities in accordance with the requirements of section 127(b)(1)(B). (B) States (i) In general The Secretary shall allot the amount referred to in subsection (a)(2)(B) for a fiscal year to the States pursuant to clause (ii) for dislocated worker employment and training activities and statewide workforce investment activities. (ii) Formula Subject to clause (iii), of the amount— (I) 33 1/3 percent shall be allotted on the basis of the relative number of unemployed individuals in each State, compared to the total number of unemployed individuals in all States; (II) 33 1/3 percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and (III) 33 1/3 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more. (iii) Minimum and maximum percentages and minimum allotments In making allotments under this subparagraph, for fiscal year 2016 and each subsequent fiscal year, the Secretary shall ensure the following: (I) Minimum percentage and allotment The Secretary shall ensure that no State shall receive an allotment for a fiscal year that is an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year. (II) Maximum percentage Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year. (iv) Definitions For the purpose of the formula specified in this subparagraph: (I) Allotment percentage The term allotment percentage , used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the amount described in clause (i) that is received through an allotment made under this subparagraph for the fiscal year. (II) Excess number The term excess number means, used with respect to the excess number of unemployed individuals within a State, the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State. (c) Reallotment (1) In general The Secretary shall, in accordance with this subsection, reallot to eligible States amounts that are made available to States from allotments made under this section or a corresponding provision of the Workforce Investment Act of 1998 for employment and training activities and statewide workforce investment activities (referred to individually in this subsection as a State allotment ) and that are available for reallotment. (2) Amount The amount available for reallotment for a program year for programs funded under subsection (b)(1)(B) (relating to adult employment and training) or for programs funded under subsection (b)(2)(B) (relating to dislocated worker employment and training) is equal to the amount by which the unobligated balance of the State allotments for adult employment and training activities or dislocated worker employment and training activities, respectively, at the end of the program year prior to the program year for which the determination under this paragraph is made, exceeds 20 percent of such allotments for the prior program year. (3) Reallotment In making reallotments to eligible States of amounts available pursuant to paragraph (2) for a program year, the Secretary shall allot to each eligible State an amount based on the relative amount of the State allotment under paragraph (1)(B) or (2)(B), respectively, of subsection (b) for the program year for which the determination is made, as compared to the total amount of the State allotments under paragraph (1)(B) or (2)(B), respectively, of subsection (b) for all eligible States for such program year. (4) Eligibility For purposes of this subsection, an eligible State means— (A) with respect to funds allotted through a State allotment for adult employment and training activities, a State that does not have an amount of such funds available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made; and (B) with respect to funds allotted through a State allotment for dislocated worker employment and training activities, a State that does not have an amount of such funds available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made. (5) Procedures The Governor shall prescribe uniform procedures for the obligation of funds by local areas within the State in order to avoid the requirement that funds be made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making funds available from the State and local areas in the event that a State is required to make funds available for reallotment under this subsection. 133. Within State allocations (a) Reservations for State activities (1) Statewide workforce investment activities The Governor shall make the reservation required under section 128(a). (2) Statewide rapid response activities The Governor shall reserve not more than 25 percent of the total amount allotted to the State under section 132(b)(2)(B) for a fiscal year for statewide rapid response activities described in section 134(a)(2)(A). (b) Within State allocation (1) Methods The Governor, acting in accordance with the State plan, and after consulting with chief elected officials and local boards in the local areas, shall allocate— (A) the funds that are allotted to the State for adult employment and training activities and statewide workforce investment activities under section 132(b)(1)(B) and are not reserved under subsection (a)(1), in accordance with paragraph (2) or (3); and (B) the funds that are allotted to the State for dislocated worker employment and training activities and statewide workforce investment activities under section 132(b)(2)(B) and are not reserved under paragraph (1) or (2) of subsection (a), in accordance with paragraph (2). (2) Formula allocations (A) Adult employment and training activities (i) Allocation In allocating the funds described in paragraph (1)(A) to local areas, a State may allocate— (I) 33 1/3 percent of the funds on the basis described in section 132(b)(1)(B)(ii)(I); (II) 33 1/3 percent of the funds on the basis described in section 132(b)(1)(B)(ii)(II); and (III) 33 1/3 percent of the funds on the basis described in clauses (ii)(III) and (iii) of section 132(b)(1)(B). (ii) Minimum percentage The local area shall not receive an allocation percentage for a fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph. (iii) Definition In this subparagraph, the term allocation percentage , used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph, for the fiscal year. The term, used with respect to fiscal year 2013 or 2014, means a percentage of the amount allocated to local areas under paragraphs (2)(A) and (3) of section 133(b) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), received through an allocation made under paragraph (2)(A) or (3) of that section for fiscal year 2013 or 2014, respectively. (B) Dislocated worker employment and training activities (i) Allocation In allocating the funds described in paragraph (1)(B) to local areas, a State shall allocate the funds based on an allocation formula prescribed by the Governor of the State. Such formula may be amended by the Governor not more than once for each program year. Such formula shall utilize the most appropriate information available to the Governor to distribute amounts to address the State's worker readjustment assistance needs. (ii) Information The information described in clause (i) shall include insured unemployment data, unemployment concentrations, plant closing and mass layoff data, declining industries data, farmer-rancher economic hardship data, and long-term unemployment data. (iii) Minimum percentage The local area shall not receive an allocation percentage for fiscal year 2016 or a subsequent fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph. (iv) Definition In this subparagraph, the term allocation percentage , used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph for the fiscal year. The term, used with respect to fiscal year 2014, means a percentage of the amount allocated to local areas under section 133(b)(2)(B) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), received through an allocation made under that section for fiscal year 2014. (C) Application For purposes of carrying out subparagraph (A)— (i) references in section 132(b) to a State shall be deemed to be references to a local area; (ii) references in section 132(b) to all States shall be deemed to be references to all local areas in the State involved; and (iii) except as described in clause (i), references in section 132(b)(1) to the term excess number shall be considered to be references to the term as defined in section 132(b)(1). (3) Adult employment and training discretionary allocations In lieu of making the allocation described in paragraph (2)(A), in allocating the funds described in paragraph (1)(A) to local areas, a State may distribute— (A) a portion equal to not less than 70 percent of the funds in accordance with paragraph (2)(A); and (B) the remaining portion of the funds on the basis of a formula that— (i) incorporates additional factors (other than the factors described in paragraph (2)(A)) relating to— (I) excess poverty in urban, rural, and suburban local areas; and (II) excess unemployment above the State average in urban, rural, and suburban local areas; and (ii) was developed by the State board and approved by the Secretary as part of the State plan. (4) Transfer authority A local board may transfer, if such a transfer is approved by the Governor, up to and including 100 percent of the funds allocated to the local area under paragraph (2)(A) or (3), and up to and including 100 percent of the funds allocated to the local area under paragraph (2)(B), for a fiscal year between— (A) adult employment and training activities; and (B) dislocated worker employment and training activities. (5) Allocation (A) In general The Governor shall allocate the funds described in paragraph (1) to local areas under paragraphs (2) and (3) for the purpose of providing a single system of employment and training activities for adults and dislocated workers in accordance with subsections (c) and (d) of section 134. (B) Additional requirements (i) Adults Funds allocated under paragraph (2)(A) or (3) shall be used by a local area to contribute to the costs of the one-stop delivery system described in section 121(e) as determined under section 121(h) and to pay for employment and training activities provided to adults in the local area, consistent with section 134. (ii) Dislocated workers Funds allocated under paragraph (2)(B) shall be used by a local area to contribute to the costs of the one-stop delivery system described in section 121(e) as determined under section 121(h) and to pay for employment and training activities provided to dislocated workers in the local area, consistent with section 134. (c) Reallocation among local areas (1) In general The Governor may, in accordance with this subsection and after consultation with the State board, reallocate to eligible local areas within the State amounts that are made available to local areas from allocations made under paragraph (2)(A) or (3) of subsection (b) or a corresponding provision of the Workforce Investment Act of 1998 for adult employment and training activities, or under subsection (b)(2)(B) or a corresponding provision of the Workforce Investment Act of 1998 for dislocated worker employment and training activities (referred to individually in this subsection as a local allocation ) and that are available for reallocation. (2) Amount The amount available for reallocation for a program year— (A) for adult employment and training activities is equal to the amount by which the unobligated balance of the local allocation under paragraph (2)(A) or (3) of subsection (b) for such activities, at the end of the program year prior to the program year for which the determination under this subparagraph is made, exceeds 20 percent of such allocation for the prior program year; and (B) for dislocated worker employment and training activities is equal to the amount by which the unobligated balance of the local allocation under subsection (b)(2)(B) for such activities, at the end of the program year prior to the program year for which the determination under this subparagraph is made, exceeds 20 percent of such allocation for the prior program year. (3) Reallocation In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State— (A) with respect to such available amounts that were allocated under paragraph (2)(A) or (3) of subsection (b), an amount based on the relative amount of the local allocation under paragraph (2)(A) or (3) of subsection (b), as appropriate, for the program year for which the determination is made, as compared to the total amount of the local allocations under paragraph (2)(A) or (3) of subsection (b), as appropriate, for all eligible local areas in the State for such program year; and (B) with respect to such available amounts that were allocated under subsection (b)(2)(B), an amount based on the relative amount of the local allocation under subsection (b)(2)(B) for the program year for which the determination is made, as compared to the total amount of the local allocations under subsection (b)(2)(B) for all eligible local areas in the State for such program year. (4) Eligibility For purposes of this subsection, an eligible local area means— (A) with respect to funds allocated through a local allocation for adult employment and training activities, a local area that does not have an amount of such funds available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made; and (B) with respect to funds allocated through a local allocation for dislocated worker employment and training activities, a local area that does not have an amount of such funds available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made. 134. Use of funds for employment and training activities (a) Statewide employment and training activities (1) In general Funds reserved by a Governor— (A) as described in section 133(a)(2) shall be used to carry out the statewide rapid response activities described in paragraph (2)(A); and (B) as described in sections 128(a) and 133(a)(1)— (i) shall be used to carry out the statewide employment and training activities described in paragraph (2)(B); and (ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3), regardless of whether the funds were allotted to the State under section 127(b)(1) or under paragraph (1) or (2) of section 132(b). (2) Required statewide employment and training activities (A) Statewide rapid response activities (i) In general A State shall carry out statewide rapid response activities using funds reserved by the Governor for the State under section 133(a)(2), which activities shall include— (I) provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials for the local areas; and (II) provision of additional assistance to local areas that experience disasters, mass layoffs, or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State, working in conjunction with the local boards and the chief elected officials for the local areas. (ii) Use of unobligated funds Funds reserved by a Governor under section 133(a)(2), and section 133(a)(2) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), to carry out this subparagraph that remain unobligated after the first program year for which such funds were allotted may be used by the Governor to carry out statewide activities authorized under subparagraph (B) or paragraph (3)(A), in addition to activities under this subparagraph. (B) Statewide employment and training activities Funds reserved by a Governor under sections 128(a)(1) and 133(a)(1) and not used under paragraph (1)(A) (regardless of whether the funds were allotted to the States under section 127(b)(1)(C) or paragraph (1)(B) or (2)(B) of section 132(b)) shall be used for statewide employment and training activities, including— (i) providing assistance to— (I) State entities and agencies, local areas, and one-stop partners in carrying out the activities described in the State plan, including the coordination and alignment of data systems used to carry out the requirements of this Act; (II) local areas for carrying out the regional planning and service delivery efforts required under section 106(c); (III) local areas by providing information on and support for the effective development, convening, and implementation of industry or sector partnerships; and (IV) local areas, one-stop operators, one-stop partners, and eligible providers, including the development and training of staff, which may include the development and training of staff to provide opportunities for individuals with barriers to employment to enter in-demand industry sectors or occupations and nontraditional occupations, the development of exemplary program activities, and the provision of technical assistance to local areas that fail to meet local performance accountability measures described in section 116(c); (ii) providing assistance to local areas as described in section 106(b)(6); (iii) operating a fiscal and management accountability information system in accordance with section 116(i); (iv) carrying out monitoring and oversight of activities carried out under this chapter and chapter 2; (v) disseminating— (I) the State list of eligible providers of training services, including eligible providers of nontraditional training services and eligible providers of apprenticeship programs described in section 122(a)(2)(B); (II) information identifying eligible providers of on-the-job training, customized training, incumbent worker training, internships, paid or unpaid work experience opportunities, or transitional jobs; (III) information on effective outreach to, partnerships with, and services for, business; (IV) information on effective service delivery strategies to serve workers and job seekers; (V) performance information and information on the cost of attendance (including tuition and fees) for participants in applicable programs, as described in subsections (d) and (h) of section 122; and (VI) information on physical and programmatic accessibility, in accordance with section 188, if applicable, and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), for individuals with disabilities; and (vi) conducting evaluations under section 116(e) of activities authorized under this chapter and chapter 2 in coordination with evaluations carried out by the Secretary under section 169(a). (3) Allowable statewide employment and training activities (A) In general Funds reserved by a Governor under sections 128(a)(1) and 133(a)(1) and not used under paragraph (1)(A) or (2)(B) (regardless of whether the funds were allotted to the State under section 127(b)(1)(C) or paragraph (1)(B) or (2)(B) of section 132(b)) may be used to carry out additional statewide employment and training activities, which may include— (i) implementing innovative programs and strategies designed to meet the needs of all employers (including small employers) in the State, which programs and strategies may include incumbent worker training programs, customized training, sectoral and industry cluster strategies and implementation of industry or sector partnerships, career pathway programs, microenterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, layoff aversion strategies, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce development system more relevant to the needs of State and local businesses, consistent with the objectives of this title; (ii) developing strategies for effectively serving individuals with barriers to employment and for coordinating programs and services among one-stop partners; (iii) the development or identification of education and training programs that respond to real-time labor market analysis, that utilize direct assessment and prior learning assessment to measure and provide credit for prior knowledge, skills, competencies, and experiences, that evaluate such skills and competencies for adaptability, that ensure credits are portable and stackable for more skilled employment, and that accelerate course or credential completion; (iv) implementing programs to increase the number of individuals training for and placed in nontraditional employment; (v) carrying out activities to facilitate remote access to services, including training services described in subsection (c)(3), provided through a one-stop delivery system, including facilitating access through the use of technology; (vi) supporting the provision of career services described in subsection (c)(2) in the one-stop delivery systems in the State; (vii) coordinating activities with the child welfare system to facilitate provision of services for children and youth who are eligible for assistance under section 477 of the Social Security Act ( 42 U.S.C. 677 ); (viii) activities— (I) to improve coordination of workforce investment activities with economic development activities; (II) to improve coordination of employment and training activities with— (aa) child support services, and assistance provided by State and local agencies carrying out part D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ); (bb) cooperative extension programs carried out by the Department of Agriculture; (cc) programs carried out in local areas for individuals with disabilities, including programs carried out by State agencies relating to intellectual disabilities and developmental disabilities, activities carried out by Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d ), programs funded under part B of chapter 1 of title VII of such Act ( 29 U.S.C. 796e et seq. ), and activities carried out by centers for independent living, as defined in section 702 of such Act (29 U.S.C. 796a); (dd) adult education and literacy activities, including those provided by public libraries; (ee) activities in the corrections system that assist ex-offenders in reentering the workforce; and (ff) financial literacy activities including those described in section 129(b)(2)(D); and (III) consisting of development and dissemination of workforce and labor market information; (ix) conducting research and demonstration projects related to meeting the employment and education needs of adult and dislocated workers; (x) implementing promising services for workers and businesses, which may include providing support for education, training, skill upgrading, and statewide networking for employees to become workplace learning advisors and maintain proficiency in carrying out the activities associated with such advising; (xi) providing incentive grants to local areas for performance by the local areas on local performance accountability measures described in section 116(c); (xii) adopting, calculating, or commissioning for approval an economic self-sufficiency standard for the State that specifies the income needs of families, by family size, the number and ages of children in the family, and substate geographical considerations; (xiii) developing and disseminating common intake procedures and related items, including registration processes, materials, or software; and (xiv) providing technical assistance to local areas that are implementing pay-for-performance contract strategies, which technical assistance may include providing assistance with data collection, meeting data entry requirements, identifying levels of performance, and conducting evaluations of such strategies. (B) Limitation (i) In general Of the funds allotted to a State under sections 127(b) and 132(b) and reserved as described in sections 128(a) and 133(a)(1) for a fiscal year— (I) not more than 5 percent of the amount allotted under section 127(b)(1); (II) not more than 5 percent of the amount allotted under section 132(b)(1); and (III) not more than 5 percent of the amount allotted under section 132(b)(2), may be used by the State for the administration of statewide youth workforce investment activities carried out under section 129 and statewide employment and training activities carried out under this section. (ii) Use of funds Funds made available for administrative costs under clause (i) may be used for the administrative cost of any of the statewide youth workforce investment activities or statewide employment and training activities, regardless of whether the funds were allotted to the State under section 127(b)(1) or paragraph (1) or (2) of section 132(b). (b) Local employment and training activities Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to a local area for dislocated workers under section 133(b)(2)(B)— (1) shall be used to carry out employment and training activities described in subsection (c) for adults or dislocated workers, respectively; and (2) may be used to carry out employment and training activities described in subsection (d) for adults or dislocated workers, respectively. (c) Required local employment and training activities (1) In general (A) Allocated funds Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), shall be used— (i) to establish a one-stop delivery system described in section 121(e); (ii) to provide the career services described in paragraph (2) to adults and dislocated workers, respectively, through the one-stop delivery system in accordance with such paragraph; (iii) to provide training services described in paragraph (3) to adults and dislocated workers, respectively, described in such paragraph; (iv) to establish and develop relationships and networks with large and small employers and their intermediaries; and (v) to develop, convene, or implement industry or sector partnerships. (B) Other funds Consistent with subsections (h) and (i) of section 121, a portion of the funds made available under Federal law authorizing the programs and activities described in section 121(b)(1)(B), including the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), shall be used as described in clauses (i) and (ii) of subparagraph (A), to the extent not inconsistent with the Federal law involved. (2) Career services (A) Services provided Funds described in paragraph (1) shall be used to provide career services, which shall be available to individuals who are adults or dislocated workers through the one-stop delivery system and shall, at a minimum, include— (i) determinations of whether the individuals are eligible to receive assistance under this subtitle; (ii) outreach, intake (which may include worker profiling), and orientation to the information and other services available through the one-stop delivery system; (iii) initial assessment of skill levels (including literacy, numeracy, and English language proficiency), aptitudes, abilities (including skills gaps), and supportive service needs; (iv) labor exchange services, including— (I) job search and placement assistance and, in appropriate cases, career counseling, including— (aa) provision of information on in-demand industry sectors and occupations; and (bb) provision of information on nontraditional employment; and (II) appropriate recruitment and other business services on behalf of employers, including small employers, in the local area, which services may include services described in this subsection, such as providing information and referral to specialized business services not traditionally offered through the one-stop delivery system; (v) provision of referrals to and coordination of activities with other programs and services, including programs and services within the one-stop delivery system and, in appropriate cases, other workforce development programs; (vi) provision of workforce and labor market employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including— (I) job vacancy listings in such labor market areas; (II) information on job skills necessary to obtain the jobs described in subclause (I); and (III) information relating to local occupations in demand and the earnings, skill requirements, and opportunities for advancement for such occupations; and (vii) provision of performance information and program cost information on eligible providers of training services as described in section 122, provided by program, and eligible providers of youth workforce investment activities described in section 123, providers of adult education described in title II, providers of career and technical education activities at the postsecondary level, and career and technical education activities available to school dropouts, under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), and providers of vocational rehabilitation services described in title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (viii) provision of information, in formats that are usable by and understandable to one-stop center customers, regarding how the local area is performing on the local performance accountability measures described in section 116(c) and any additional performance information with respect to the one-stop delivery system in the local area; (ix) (I) provision of information, in formats that are usable by and understandable to one-stop center customers, relating to the availability of supportive services or assistance, including child care, child support, medical or child health assistance under title XIX or XXI of the Social Security Act (42 U.S.C. 1396 et seq. and 1397aa et seq.), benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), assistance through the earned income tax credit under section 32 of the Internal Revenue Code of 1986, and assistance under a State program for temporary assistance for needy families funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) and other supportive services and transportation provided through funds made available under such part, available in the local area; and (II) referral to the services or assistance described in subclause (I), as appropriate; (x) provision of information and assistance regarding filing claims for unemployment compensation; (xi) assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act; (xii) services, if determined to be appropriate in order for an individual to obtain or retain employment, that consist of— (I) comprehensive and specialized assessments of the skill levels and service needs of adults and dislocated workers, which may include— (aa) diagnostic testing and use of other assessment tools; and (bb) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; (II) development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant to achieve the employment goals, including providing information on eligible providers of training services pursuant to paragraph (3)(F)(ii), and career pathways to attain career objectives; (III) group counseling; (IV) individual counseling; (V) career planning; (VI) short-term prevocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training; (VII) internships and work experiences that are linked to careers; (VIII) workforce preparation activities; (IX) financial literacy services, such as the activities described in section 129(b)(2)(D); (X) out-of-area job search assistance and relocation assistance; or (XI) English language acquisition and integrated education and training programs; and (xiii) followup services, including counseling regarding the workplace, for participants in workforce investment activities authorized under this subtitle who are placed in unsubsidized employment, for not less than 12 months after the first day of the employment, as appropriate. (B) Use of previous assessments A one-stop operator or one-stop partner shall not be required to conduct a new interview, evaluation, or assessment of a participant under subparagraph (A)(xii) if the one-stop operator or one-stop partner determines that it is appropriate to use a recent interview, evaluation, or assessment of the participant conducted pursuant to another education or training program. (C) Delivery of services The career services described in subparagraph (A) shall be provided through the one-stop delivery system— (i) directly through one-stop operators identified pursuant to section 121(d); or (ii) through contracts with service providers, which may include contracts with public, private for-profit, and private nonprofit service providers, approved by the local board. (3) Training services (A) In general (i) Eligibility Except as provided in clause (ii), funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), shall be used to provide training services to adults and dislocated workers, respectively— (I) who, after an interview, evaluation, or assessment, and career planning, have been determined by a one-stop operator or one-stop partner, as appropriate, to— (aa) be unlikely or unable to obtain or retain employment, that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment, through the career services described in paragraph (2)(A)(xii); (bb) be in need of training services to obtain or retain employment that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment; and (cc) have the skills and qualifications to successfully participate in the selected program of training services; (II) who select programs of training services that are directly linked to the employment opportunities in the local area or the planning region, or in another area to which the adults or dislocated workers are willing to commute or relocate; (III) who meet the requirements of subparagraph (B); and (IV) who are determined to be eligible in accordance with the priority system in effect under subparagraph (E). (ii) Use of previous assessments A one-stop operator or one-stop partner shall not be required to conduct a new interview, evaluation, or assessment of a participant under clause (i) if the one-stop operator or one-stop partner determines that it is appropriate to use a recent interview, evaluation, or assessment of the participant conducted pursuant to another education or training program. (iii) Rule of construction Nothing in this subparagraph shall be construed to mean an individual is required to receive career services prior to receiving training services. (B) Qualification (i) Requirement Notwithstanding section 479B of the Higher Education Act of 1965 ( 20 U.S.C. 1087uu ) and except as provided in clause (ii), provision of such training services shall be limited to individuals who— (I) are unable to obtain other grant assistance for such services, including Federal Pell Grants established under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ); or (II) require assistance beyond the assistance made available under other grant assistance programs, including Federal Pell Grants. (ii) Reimbursements Training services may be provided under this paragraph to an individual who otherwise meets the requirements of this paragraph while an application for a Federal Pell Grant is pending, except that if such individual is subsequently awarded a Federal Pell Grant, appropriate reimbursement shall be made to the local area from such Federal Pell Grant. (iii) Consideration In determining whether an individual requires assistance under clause (i)(II), a one-stop operator (or one-stop partner, where appropriate) may take into consideration the full cost of participating in training services, including the costs of dependent care and transportation, and other appropriate costs. (C) Provider qualification Training services shall be provided through providers identified in accordance with section 122. (D) Training services Training services may include— (i) occupational skills training, including training for nontraditional employment; (ii) on-the-job training; (iii) incumbent worker training in accordance with subsection (d)(4); (iv) programs that combine workplace training with related instruction, which may include cooperative education programs; (v) training programs operated by the private sector; (vi) skill upgrading and retraining; (vii) entrepreneurial training; (viii) transitional jobs in accordance with subsection (d)(5); (ix) job readiness training provided in combination with services described in any of clauses (i) through (viii); (x) adult education and literacy activities, including activities of English language acquisition and integrated education and training programs, provided concurrently or in combination with services described in any of clauses (i) through (vii); and (xi) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training. (E) Priority With respect to funds allocated to a local area for adult employment and training activities under paragraph (2)(A) or (3) of section 133(b), priority shall be given to recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient for receipt of career services described in paragraph (2)(A)(xii) and training services. The appropriate local board and the Governor shall direct the one-stop operators in the local area with regard to making determinations related to such priority. (F) Consumer choice requirements (i) In general Training services provided under this paragraph shall be provided in a manner that maximizes consumer choice in the selection of an eligible provider of such services. (ii) Eligible providers Each local board, through one-stop centers, shall make available the list of eligible providers of training services described in section 122(d), and accompanying information, in accordance with section 122(d). (iii) Individual training accounts An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a career planner, select an eligible provider of training services from the list of providers described in clause (ii). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through an individual training account. (iv) Coordination Each local board may, through one-stop centers, coordinate funding for individual training accounts with funding from other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services. (v) Additional information Priority consideration shall, consistent with clause (i), be given to programs that lead to recognized postsecondary credentials that are aligned with in-demand industry sectors or occupations in the local area involved. (G) Use of individual training accounts (i) In general Except as provided in clause (ii), training services provided under this paragraph shall be provided through the use of individual training accounts in accordance with this paragraph, and shall be provided to eligible individuals through the one-stop delivery system. (ii) Training contracts Training services authorized under this paragraph may be provided pursuant to a contract for services in lieu of an individual training account if— (I) the requirements of subparagraph (F) are met; (II) such services are on-the-job training, customized training, incumbent worker training, or transitional employment; (III) the local board determines there are an insufficient number of eligible providers of training services in the local area involved (such as in a rural area) to accomplish the purposes of a system of individual training accounts; (IV) the local board determines that there is a training services program of demonstrated effectiveness offered in the local area by a community-based organization or another private organization to serve individuals with barriers to employment; (V) the local board determines that— (aa) it would be most appropriate to award a contract to an institution of higher education or other eligible provider of training services in order to facilitate the training of multiple individuals in in-demand industry sectors or occupations; and (bb) such contract does not limit customer choice; or (VI) the contract is a pay-for-performance contract. (iii) Linkage to occupations in demand Training services provided under this paragraph shall be directly linked to an in-demand industry sector or occupation in the local area or the planning region, or in another area to which an adult or dislocated worker receiving such services is willing to relocate, except that a local board may approve training services for occupations determined by the local board to be in sectors of the economy that have a high potential for sustained demand or growth in the local area. (iv) Rule of construction Nothing in this paragraph shall be construed to preclude the combined use of individual training accounts and contracts in the provision of training services, including arrangements that allow individuals receiving individual training accounts to obtain training services that are contracted for under clause (ii). (H) Reimbursement for on-the-job training (i) Reimbursement level For purposes of the provision of on-the-job training under this paragraph, the Governor or local board involved may increase the amount of the reimbursement described in section 3(44) to an amount of up to 75 percent of the wage rate of a participant for a program carried out under chapter 2 or this chapter, if, respectively— (I) the Governor approves the increase with respect to a program carried out with funds reserved by the State under that chapter, taking into account the factors described in clause (ii); or (II) the local board approves the increase with respect to a program carried out with funds allocated to a local area under such chapter, taking into account those factors. (ii) Factors For purposes of clause (i), the Governor or local board, respectively, shall take into account factors consisting of— (I) the characteristics of the participants; (II) the size of the employer; (III) the quality of employer-provided training and advancement opportunities; and (IV) such other factors as the Governor or local board, respectively, may determine to be appropriate, which may include the number of employees participating in the training, wage and benefit levels of those employees (at present and anticipated upon completion of the training), and relation of the training to the competitiveness of a participant. (d) Permissible local employment and training activities (1) In general (A) Activities Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), may be used to provide, through the one-stop delivery system involved (and through collaboration with the local board, for the purpose of the activities described in clauses (vii) and (ix))— (i) customized screening and referral of qualified participants in training services described in subsection (c)(3) to employers; (ii) customized employment-related services to employers, employer associations, or other such organizations on a fee-for-service basis; (iii) implementation of a pay-for-performance contract strategy for training services, for which the local board may reserve and use not more than 10 percent of the total funds allocated to the local area under paragraph (2) or (3) of section 133(b); (iv) customer support to enable individuals with barriers to employment (including individuals with disabilities) and veterans, to navigate among multiple services and activities for such populations; (v) technical assistance for one-stop operators, one-stop partners, and eligible providers of training services, regarding the provision of services to individuals with disabilities in local areas, including the development and training of staff, the provision of outreach, intake, assessments, and service delivery, the coordination of services across providers and programs, and the development of performance accountability measures; (vi) employment and training activities provided in coordination with— (I) child support enforcement activities of the State and local agencies carrying out part D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ); (II) child support services, and assistance, provided by State and local agencies carrying out part D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ); (III) cooperative extension programs carried out by the Department of Agriculture; and (IV) activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; (vii) activities— (I) to improve coordination between workforce investment activities and economic development activities carried out within the local area involved, and to promote entrepreneurial skills training and microenterprise services; (II) to improve services and linkages between the local workforce investment system (including the local one-stop delivery system) and employers, including small employers, in the local area, through services described in this section; and (III) to strengthen linkages between the one-stop delivery system and unemployment insurance programs; (viii) training programs for displaced homemakers and for individuals training for nontraditional occupations, in conjunction with programs operated in the local area; (ix) activities to provide business services and strategies that meet the workforce investment needs of area employers, as determined by the local board, consistent with the local plan under section 108, which services— (I) may be provided through effective business intermediaries working in conjunction with the local board, and may also be provided on a fee-for-service basis or through the leveraging of economic development, philanthropic, and other public and private resources in a manner determined appropriate by the local board; and (II) may include— (aa) developing and implementing industry sector strategies (including strategies involving industry partnerships, regional skills alliances, industry skill panels, and sectoral skills partnerships); (bb) developing and delivering innovative workforce investment services and strategies for area employers, which may include career pathways, skills upgrading, skill standard development and certification for recognized postsecondary credential or other employer use, apprenticeship, and other effective initiatives for meeting the workforce investment needs of area employers and workers; (cc) assistance to area employers in managing reductions in force in coordination with rapid response activities provided under subsection (a)(2)(A) and with strategies for the aversion of layoffs, which strategies may include early identification of firms at risk of layoffs, use of feasibility studies to assess the needs of and options for at-risk firms, and the delivery of employment and training activities to address risk factors; and (dd) the marketing of business services offered under this title, to appropriate area employers, including small and mid-sized employers; (x) activities to adjust the economic self-sufficiency standards referred to in subsection (a)(3)(A)(xii) for local factors, or activities to adopt, calculate, or commission for approval, economic self-sufficiency standards for the local areas that specify the income needs of families, by family size, the number and ages of children in the family, and substate geographical considerations; (xi) improved coordination between employment and training activities and programs carried out in the local area for individuals with disabilities, including programs carried out by State agencies relating to intellectual disabilities and developmental disabilities, activities carried out by Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d ), programs funded under part B of chapter 1 of title VII of such Act ( 29 U.S.C. 796e et seq. ), and activities carried out by centers for independent living, as defined in section 702 of such Act ( 29 U.S.C. 796a ); and (xii) implementation of promising services to workers and businesses, which may include support for education, training, skill upgrading, and statewide networking for employees to become workplace learning advisors and maintain proficiency in carrying out the activities associated with such advising. (B) Work support activities for low-wage workers (i) In general Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), may be used to provide, through the one-stop delivery system involved, work support activities designed to assist low-wage workers in retaining and enhancing employment. The one-stop partners of the system shall coordinate the appropriate programs and resources of the partners with the activities and resources provided under this subparagraph. (ii) Activities The work support activities described in clause (i) may include the provision of activities described in this section through the one-stop delivery system in a manner that enhances the opportunities of such workers to participate in the activities, such as the provision of activities described in this section during nontraditional hours and the provision of onsite child care while such activities are being provided. (2) Supportive services Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), may be used to provide supportive services to adults and dislocated workers, respectively— (A) who are participating in programs with activities authorized in paragraph (2) or (3) of subsection (c); and (B) who are unable to obtain such supportive services through other programs providing such services. (3) Needs-related payments (A) In general Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), may be used to provide needs-related payments to adults and dislocated workers, respectively, who are unemployed and do not qualify for (or have ceased to qualify for) unemployment compensation for the purpose of enabling such individuals to participate in programs of training services under subsection (c)(3). (B) Additional eligibility requirements In addition to the requirements contained in subparagraph (A), a dislocated worker who has ceased to qualify for unemployment compensation may be eligible to receive needs-related payments under this paragraph only if such worker was enrolled in the training services— (i) by the end of the 13th week after the most recent layoff that resulted in a determination of the worker’s eligibility for employment and training activities for dislocated workers under this subtitle; or (ii) if later, by the end of the 8th week after the worker is informed that a short-term layoff will exceed 6 months. (C) Level of payments The level of a needs-related payment made to a dislocated worker under this paragraph shall not exceed the greater of— (i) the applicable level of unemployment compensation; or (ii) if such worker did not qualify for unemployment compensation, an amount equal to the poverty line, for an equivalent period, which amount shall be adjusted to reflect changes in total family income. (4) Incumbent worker training programs (A) In general (i) Standard reservation of funds The local board may reserve and use not more than 20 percent of the funds allocated to the local area involved under section 133(b) to pay for the Federal share of the cost of providing training through a training program for incumbent workers, carried out in accordance with this paragraph. (ii) Determination of eligibility For the purpose of determining the eligibility of an employer to receive funding under clause (i), the local board shall take into account factors consisting of— (I) the characteristics of the participants in the program; (II) the relationship of the training to the competitiveness of a participant and the employer; and (III) such other factors as the local board may determine to be appropriate, which may include the number of employees participating in the training, the wage and benefit levels of those employees (at present and anticipated upon completion of the training), and the existence of other training and advancement opportunities provided by the employer. (iii) Statewide impact The Governor or State board involved may make recommendations to the local board for providing incumbent worker training that has statewide impact. (B) Training activities The training program for incumbent workers carried out under this paragraph shall be carried out by the local board in conjunction with the employers or groups of employers of such workers (which may include employers in partnership with other entities for the purposes of delivering training) for the purpose of assisting such workers in obtaining the skills necessary to retain employment or avert layoffs. (C) Employer payment of non-federal share Employers participating in the program carried out under this paragraph shall be required to pay for the non-Federal share of the cost of providing the training to incumbent workers of the employers. (D) Non-federal share (i) Factors Subject to clause (ii), the local board shall establish the non-Federal share of such cost (taking into consideration such other factors as the number of employees participating in the training, the wage and benefit levels of the employees (at the beginning and anticipated upon completion of the training), the relationship of the training to the competitiveness of the employer and employees, and the availability of other employer-provided training and advancement opportunities. (ii) Limits The non-Federal share shall not be less than— (I) 10 percent of the cost, for employers with not more than 50 employees; (II) 25 percent of the cost, for employers with more than 50 employees but not more than 100 employees; and (III) 50 percent of the cost, for employers with more than 100 employees. (iii) Calculation of employer share The non-Federal share provided by an employer participating in the program may include the amount of the wages paid by the employer to a worker while the worker is attending a training program under this paragraph. The employer may provide the share in cash or in kind, fairly evaluated. (5) Transitional jobs The local board may use not more than 10 percent of the funds allocated to the local area involved under section 133(b) to provide transitional jobs under subsection (c)(3) that— (A) are time-limited work experiences that are subsidized and are in the public, private, or nonprofit sectors for individuals with barriers to employment who are chronically unemployed or have an inconsistent work history; (B) are combined with comprehensive employment and supportive services; and (C) are designed to assist the individuals described in subparagraph (A) to establish a work history, demonstrate success in the workplace, and develop the skills that lead to entry into and retention in unsubsidized employment. 4 General workforce investment provisions 136. Authorization of appropriations (a) Youth workforce investment activities There are authorized to be appropriated to carry out the activities described in section 127(a), $820,430,000 for fiscal year 2015, $883,800,000 for fiscal year 2016, $902,139,000 for fiscal year 2017, $922,148,000 for fiscal year 2018, $943,828,000 for fiscal year 2019, and $963,837,000 for fiscal year 2020. (b) Adult employment and training activities There are authorized to be appropriated to carry out the activities described in section 132(a)(1), $766,080,000 for fiscal year 2015, $825,252,000 for fiscal year 2016, $842,376,000 for fiscal year 2017, $861,060,000 for fiscal year 2018, $881,303,000 for fiscal year 2019, and $899,987,000 for fiscal year 2020. (c) Dislocated worker employment and training activities There are authorized to be appropriated to carry out the activities described in section 132(a)(2), $1,222,457,000 for fiscal year 2015, $1,316,880,000 for fiscal year 2016, $1,344,205,000 for fiscal year 2017, $1,374,019,000 for fiscal year 2018, $1,406,322,000 for fiscal year 2019, and $1,436,137,000 for fiscal year 2020. C Job Corps 141. Purposes The purposes of this subtitle are— (1) to maintain a national Job Corps program, carried out in partnership with States and communities, to— (A) assist eligible youth to connect to the labor force by providing them with intensive social, academic, career and technical education, and service-learning opportunities, in primarily residential centers, in order for such youth to obtain secondary school diplomas or recognized postsecondary credentials leading to— (i) successful careers, in in-demand industry sectors or occupations or the Armed Forces, that will result in economic self-sufficiency and opportunities for advancement; or (ii) enrollment in postsecondary education, including an apprenticeship program; and (B) support responsible citizenship; (2) to set forth standards and procedures for selecting individuals as enrollees in the Job Corps; (3) to authorize the establishment of Job Corps centers in which enrollees will participate in intensive programs of activities described in this subtitle; and (4) to prescribe various other powers, duties, and responsibilities incident to the operation and continuing development of the Job Corps. 142. Definitions In this subtitle: (1) Applicable local board The term applicable local board means a local board— (A) that provides information for a Job Corps center on local employment opportunities and the job skills needed to obtain the opportunities; and (B) that serves communities in which the graduates of the Job Corps center seek employment. (2) Applicable one-stop center The term applicable one-stop center means a one-stop center that provides services, such as referral, assessment, recruitment, and placement, to support the purposes of the Job Corps. (3) Enrollee The term enrollee means an individual who has voluntarily applied for, been selected for, and enrolled in the Job Corps program, and remains with the program, but has not yet become a graduate. (4) Former enrollee The term former enrollee means an individual who has voluntarily applied for, been selected for, and enrolled in the Job Corps program, but left the program prior to becoming a graduate. (5) Graduate The term graduate means an individual who has voluntarily applied for, been selected for, and enrolled in the Job Corps program and who, as a result of participation in the Job Corps program, has received a secondary school diploma or recognized equivalent, or completed the requirements of a career and technical education and training program that prepares individuals for employment leading to economic self-sufficiency or entrance into postsecondary education or training. (6) Job corps The term Job Corps means the Job Corps described in section 143. (7) Job corps center The term Job Corps center means a center described in section 147. (8) Operator The term operator means an entity selected under this subtitle to operate a Job Corps center. (9) Region The term region means an area defined by the Secretary. (10) Service provider The term service provider means an entity selected under this subtitle to provide services described in this subtitle to a Job Corps center. 143. Establishment There shall be within the Department of Labor a Job Corps . 144. Individuals eligible for the Job Corps (a) In general To be eligible to become an enrollee, an individual shall be— (1) not less than age 16 and not more than age 21 on the date of enrollment, except that— (A) not more than 20 percent of the individuals enrolled in the Job Corps may be not less than age 22 and not more than age 24 on the date of enrollment; and (B) either such maximum age limitation may be waived by the Secretary, in accordance with regulations of the Secretary, in the case of an individual with a disability; (2) a low-income individual; and (3) an individual who is one or more of the following: (A) Basic skills deficient. (B) A school dropout. (C) A homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6) )), a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) )), a runaway, an individual in foster care, or an individual who was in foster care and has aged out of the foster care system. (D) A parent. (E) An individual who requires additional education, career and technical education or training, or workforce preparation skills to be able to obtain and retain employment that leads to economic self-sufficiency. (b) Special rule for veterans Notwithstanding the requirement of subsection (a)(2), a veteran shall be eligible to become an enrollee under subsection (a) if the individual— (1) meets the requirements of paragraphs (1) and (3) of such subsection; and (2) does not meet the requirement of subsection (a)(2) because the military income earned by such individual within the 6-month period prior to the individual’s application for Job Corps prevents the individual from meeting such requirement. 145. Recruitment, screening, selection, and assignment of enrollees (a) Standards and procedures (1) In general The Secretary shall prescribe specific standards and procedures for the recruitment, screening, and selection of eligible applicants for the Job Corps, after considering recommendations from Governors of States, local boards, and other interested parties. (2) Methods In prescribing standards and procedures under paragraph (1), the Secretary, at a minimum, shall— (A) prescribe procedures for informing enrollees that drug tests will be administered to the enrollees and the results received within 45 days after the enrollees enroll in the Job Corps; (B) establish standards for recruitment of Job Corps applicants; (C) establish standards and procedures for— (i) determining, for each applicant, whether the educational and career and technical education and training needs of the applicant can best be met through the Job Corps program or an alternative program in the community in which the applicant resides; and (ii) obtaining from each applicant pertinent data relating to background, needs, and interests for determining eligibility and potential assignment; (D) where appropriate, take measures to improve the professional capability of the individuals conducting screening of the applicants; and (E) assure appropriate representation of enrollees from urban areas and from rural areas. (3) Implementation The standards and procedures shall be implemented through arrangements with— (A) applicable one-stop centers; (B) organizations that have a demonstrated record of effectiveness in serving at-risk youth and placing such youth into employment, including community action agencies, business organizations, or labor organizations; and (C) child welfare agencies that are responsible for children and youth eligible for benefits and services under section 477 of the Social Security Act (42 U.S.C. 677). (4) Consultation The standards and procedures shall provide for necessary consultation with individuals and organizations, including court, probation, parole, law enforcement, education, welfare, and medical authorities and advisers. (5) Reimbursement The Secretary is authorized to enter into contracts with and make payments to individuals and organizations for the cost of conducting recruitment, screening, and selection of eligible applicants for the Job Corps, as provided for in this section. The Secretary shall make no payment to any individual or organization solely as compensation for referring the names of applicants for the Job Corps. (b) Special limitations on selection (1) In general No individual shall be selected as an enrollee unless the individual or organization implementing the standards and procedures described in subsection (a) determines that— (A) there is a reasonable expectation that the individual considered for selection can participate successfully in group situations and activities, and is not likely to engage in behavior that would prevent other enrollees from receiving the benefit of the Job Corps program or be incompatible with the maintenance of sound discipline and satisfactory relationships between the Job Corps center to which the individual might be assigned and communities surrounding the Job Corps center; (B) the individual manifests a basic understanding of both the rules to which the individual will be subject and of the consequences of failure to observe the rules, and agrees to comply with such rules; and (C) the individual has passed a background check conducted in accordance with procedures established by the Secretary and with applicable State and local laws. (2) Individuals on probation, parole, or supervised release An individual on probation, parole, or supervised release may be selected as an enrollee only if release from the supervision of the probation or parole official involved is satisfactory to the official and the Secretary and does not violate applicable laws (including regulations). No individual shall be denied a position in the Job Corps solely on the basis of individual contact with the criminal justice system except for a disqualifying conviction as specified in paragraph (3). (3) Individuals convicted of certain crimes An individual shall not be selected as an enrollee if the individual has been convicted of a felony consisting of murder (as described in section 1111 of title 18, United States Code), child abuse, or a crime involving rape or sexual assault. (c) Assignment plan (1) In general Every 2 years, the Secretary shall develop and implement a plan for assigning enrollees to Job Corps centers. In developing the plan, the Secretary shall, based on the analysis described in paragraph (2), establish targets, applicable to each Job Corps center, for— (A) the maximum attainable percentage of enrollees at the Job Corps center that reside in the State in which the center is located; and (B) the maximum attainable percentage of enrollees at the Job Corps center that reside in the region in which the center is located, and in surrounding regions. (2) Analysis In order to develop the plan described in paragraph (1), every 2 years the Secretary, in consultation with operators of Job Corps centers, shall analyze relevant factors relating to each Job Corps center, including— (A) the size of the population of individuals eligible to participate in Job Corps in the State and region in which the Job Corps center is located, and in surrounding regions; (B) the relative demand for participation in the Job Corps in the State and region, and in surrounding regions; (C) the capacity and utilization of the Job Corps center, including the education, training, and supportive services provided through the center; and (D) the performance of the Job Corps center relating to the expected levels of performance for the indicators described in section 159(c)(1), and whether any actions have been taken with respect to such center pursuant to paragraphs (2) and (3) of section 159(f). (d) Assignment of individual enrollees (1) In general After an individual has been selected for the Job Corps in accordance with the standards and procedures of the Secretary under subsection (a), the enrollee shall be assigned to the Job Corps center that offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The Secretary may waive this requirement if— (A) the enrollee would be unduly delayed in participating in the Job Corps program because the closest center is operating at full capacity; or (B) the parent or guardian of the enrollee requests assignment of the enrollee to another Job Corps center due to circumstances in the community of the enrollee that would impair prospects for successful participation in the Job Corps program. (2) Enrollees who are younger than 18 An enrollee who is younger than 18 shall not be assigned to a Job Corps center other than the center closest to the home that offers the career and technical education and training desired by the enrollee pursuant to paragraph (1) if the parent or guardian of the enrollee objects to the assignment. 146. Enrollment (a) Relationship between enrollment and military obligations Enrollment in the Job Corps shall not relieve any individual of obligations under the Military Selective Service Act (50 U.S.C. App. 451 et seq.). (b) Period of enrollment No individual may be enrolled in the Job Corps for more than 2 years, except— (1) in a case in which completion of an advanced career training program under section 148(c) would require an individual to participate in the Job Corps for not more than one additional year; (2) in the case of an individual with a disability who would reasonably be expected to meet the standards for a Job Corps graduate, as defined under section 142(5), if allowed to participate in the Job Corps for not more than 1 additional year; (3) in the case of an individual who participates in national service, as authorized by a Civilian Conservation Center program, who would be granted an enrollment extension in the Job Corps for the amount of time equal to the period of national service; or (4) as the Secretary may authorize in a special case. 147. Job Corps centers (a) Operators and service providers (1) Eligible entities (A) Operators The Secretary shall enter into an agreement with a Federal, State, or local agency, an area career and technical education school, a residential career and technical education school, or a private organization, for the operation of each Job Corps center. (B) Providers The Secretary may enter into an agreement with a local entity, or other entity with the necessary capacity, to provide activities described in this subtitle to a Job Corps center. (2) Selection process (A) Competitive basis Except as provided in subsections (a) and (b) of section 3304 of title 41, United States Code, the Secretary shall select on a competitive basis an entity to operate a Job Corps center and entities to provide activities described in this subtitle to the Job Corps center. In developing a solicitation for an operator or service provider, the Secretary shall consult with the Governor of the State in which the center is located, the workforce council for the Job Corps center (if established), and the applicable local board regarding the contents of such solicitation, including elements that will promote the consistency of the activities carried out through the center with the objectives set forth in the State plan or in a local plan. (B) Recommendations and considerations (i) Operators In selecting an entity to operate a Job Corps center, the Secretary shall consider— (I) the ability of the entity to coordinate the activities carried out through the Job Corps center with activities carried out under the appropriate State plan and local plans; (II) the ability of the entity to offer career and technical education and training that has been proposed by the workforce council under section 154(c), and the degree to which such education and training reflects employment opportunities in the local areas in which enrollees at the center intend to seek employment; (III) the degree to which the entity demonstrates relationships with the surrounding communities, employers, labor organizations, State boards, local boards, applicable one-stop centers, and the State and region in which the center is located; (IV) the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including information regarding the entity in any reports developed by the Office of Inspector General of the Department of Labor and the entity’s demonstrated effectiveness in assisting individuals in achieving the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii); and (V) the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including providing them with intensive academics and career and technical education and training. (ii) Providers In selecting a service provider for a Job Corps center, the Secretary shall consider the factors described in clause (i). (3) Additional selection factors To be eligible to operate a Job Corps center, an entity shall submit to the Secretary, at such time and in such manner as the Secretary may require, information related to additional selection factors, which shall include the following: (A) A description of the program activities that will be offered at the center and how the academics and career and technical education and training reflect State and local employment opportunities, including opportunities in in-demand industry sectors and occupations recommended by the workforce council under section 154(c)(2)(A). (B) A description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment or education leading to a recognized postsecondary credential upon completion of the program. (C) A description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment and postsecondary education, including past performance of operating a Job Corps center under this subtitle or subtitle C of title I of the Workforce Investment Act of 1998, and as appropriate, the entity’s demonstrated effectiveness in assisting individuals in achieving the indicators of performance for eligible youth described in section 116(b)(2)(A)(ii). (D) A description of the relationships that the entity has developed with State boards, local boards, applicable one-stop centers, employers, labor organizations, State and local educational agencies, and the surrounding communities in which the center is located, in an effort to promote a comprehensive statewide workforce development system. (E) A description of the entity’s ability to coordinate the activities carried out through the Job Corps center with activities carried out under the appropriate State plan and local plans. (F) A description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a). (G) A description of the steps to be taken to control costs in accordance with section 159(a)(3). (H) A detailed budget of the activities that will be supported using funds under this subtitle and non-Federal resources. (I) An assurance the entity is licensed to operate in the State in which the center is located. (J) An assurance the entity will comply with basic health and safety codes, which shall include the disciplinary measures described in section 152(b). (K) Any other information on additional selection factors that the Secretary may require. (b) High-performing centers (1) In general If an entity meets the requirements described in paragraph (2) as applied to a particular Job Corps center, such entity shall be allowed to compete in any competitive selection process carried out for an award to operate such center. (2) High performance An entity shall be considered to be an operator of a high-performing center if the Job Corps center operated by the entity— (A) is ranked among the top 20 percent of Job Corps centers for the most recent preceding program year; and (B) meets the expected levels of performance established under section 159(c)(1) and, with respect to each of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii)— (i) for the period of the most recent preceding 3 program years for which information is available at the time the determination is made, achieved an average of 100 percent, or higher, of the expected level of performance established under section 159(c)(1) for the indicator; and (ii) for the most recent preceding program year for which information is available at the time the determination is made, achieved 100 percent, or higher, of the expected level of performance established under such section for the indicator. (3) Transition If any of the program years described in paragraph (2)(B) precedes the implementation of the establishment of expected levels of performance under section 159(c) and the application of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii), an entity shall be considered an operator of a high-performing center during that period if the Job Corps center operated by the entity— (A) meets the requirements of paragraph (2)(B) with respect to such preceding program years using the performance of the Job Corps center regarding the national goals or targets established by the Office of the Job Corps under the previous performance accountability system for— (i) the 6-month follow-up placement rate of graduates in employment, the military, education, or training; (ii) the 12–month follow-up placement rate of graduates in employment, the military, education, or training; (iii) the 6-month follow-up average weekly earnings of graduates; (iv) the rate of attainment of secondary school diplomas or their recognized equivalent; (v) the rate of attainment of completion certificates for career and technical training; (vi) average literacy gains; and (vii) average numeracy gains; or (B) is ranked among the top 5 percent of Job Corps centers for the most recent preceding program year. (c) Character and activities Job Corps centers may be residential or nonresidential in character, and shall be designed and operated so as to provide enrollees, in a well-supervised setting, with access to activities described in this subtitle. In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps. (d) Civilian conservation centers (1) In general The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall provide, in addition to academics, career and technical education and training, and workforce preparation skills training, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest. (2) Assistance during disasters Enrollees in Civilian Conservation Centers may provide assistance in addressing national, State, and local disasters, consistent with current child labor laws (including regulations). The Secretary of Agriculture shall ensure that with respect to the provision of such assistance the enrollees are properly trained, equipped, supervised, and dispatched consistent with standards for the conservation and rehabilitation of wildlife established under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.). (3) National liaison The Secretary of Agriculture shall designate a Job Corps National Liaison to support the agreement under this section between the Departments of Labor and Agriculture. (e) Indian tribes (1) General authority The Secretary may enter into agreements with Indian tribes to operate Job Corps centers for Indians. (2) Definitions In this subsection, the terms Indian and Indian tribe have the meanings given such terms in subsections (d) and (e), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (f) Length of agreement The agreement described in subsection (a)(1)(A) shall be for not more than a 2-year period. The Secretary may exercise any contractual option to renew the agreement in 1-year increments for not more than 3 additional years, consistent with the requirements of subsection (g). (g) Renewal conditions (1) In general Subject to paragraph (2), the Secretary shall not renew the terms of an agreement for any 1-year additional period described in subsection (f) for an entity to operate a particular Job Corps center if, for both of the 2 most recent preceding program years for which information is available at the time the determination is made, or if a second program year is not available, the preceding year for which information is available, such center— (A) has been ranked in the lowest 10 percent of Job Corps centers; and (B) failed to achieve an average of 50 percent or higher of the expected level of performance under section 159(c)(1) with respect to each of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii). (2) Exception Notwithstanding paragraph (1), the Secretary may exercise an option to renew the agreement for no more than 2 additional years if the Secretary determines such renewal would be in the best interest of the Job Corps program, taking into account factors including— (A) significant improvements in program performance in carrying out a performance improvement plan under section 159(f)(2); (B) that the performance is due to circumstances beyond the control of the entity, such as an emergency or disaster, as defined in section 170(a)(1); (C) a significant disruption in the operations of the center, including in the ability to continue to provide services to students, or significant increase in the cost of such operations; or (D) a significant disruption in the procurement process with respect to carrying out a competition for the selection of a center operator. (3) Detailed explanation If the Secretary exercises an option under paragraph (2), the Secretary shall provide, to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a detailed explanation of the rationale for exercising such option. (4) Additional considerations The Secretary shall only renew the agreement of an entity to operate a Job Corps center if the entity— (A) has a satisfactory record of integrity and business ethics; (B) has adequate financial resources to perform the agreement; (C) has the necessary organization, experience, accounting and operational controls, and technical skills; and (D) is otherwise qualified and eligible under applicable laws and regulations, including that the contractor is not under suspension or debarred from eligibility for Federal contracts. 148. Program activities (a) Activities provided by job corps centers (1) In general Each Job Corps center shall provide enrollees with an intensive, well organized, and fully supervised program of education, including English language acquisition programs, career and technical education and training, work experience, work-based learning, recreational activities, physical rehabilitation and development, driver's education, and counseling, which may include information about financial literacy. Each Job Corps center shall provide enrollees assigned to the center with access to career services described in clauses (i) through (xi) of section 134(c)(2)(A). (2) Relationship to opportunities The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment— (A) secure and maintain meaningful unsubsidized employment; (B) enroll in and complete secondary education or postsecondary education or training programs, including other suitable career and technical education and training, and apprenticeship programs; or (C) satisfy Armed Forces requirements. (3) Link to employment opportunities The career and technical education and training provided shall be linked to employment opportunities in in-demand industry sectors and occupations in the State or local area in which the Job Corps center is located and, to the extent practicable, in the State or local area in which the enrollee intends to seek employment after graduation. (b) Academic and career and technical education and training The Secretary may arrange for career and technical education and training of enrollees through local public or private educational agencies, career and technical educational institutions, technical institutes, or national service providers, whenever such entities provide education and training substantially equivalent in cost and quality to that which the Secretary could provide through other means. (c) Advanced career training programs (1) In general The Secretary may arrange for programs of advanced career training for selected enrollees in which the enrollees may continue to participate for a period of not to exceed 1 year in addition to the period of participation to which the enrollees would otherwise be limited. The advanced career training may be provided through the eligible providers of training services identified under section 122. (2) Benefits During the period of participation in an advanced career training program, an enrollee shall be eligible for full Job Corps benefits, or a monthly stipend equal to the average value of the residential support, food, allowances, and other benefits provided to enrollees assigned to residential Job Corps centers. (3) Demonstration The Secretary shall develop standards by which any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that— (A) participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and (B) for the most recently preceding 2 program years, such operator has, on average, met or exceeded the expected levels of performance under section 159(c)(1) for each of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii). (d) Graduate services In order to promote the retention of graduates in employment or postsecondary education, the Secretary shall arrange for the provision of job placement and support services to graduates for up to 12 months after the date of graduation. Multiple resources, including one-stop partners, may support the provision of these services, including services from the State vocational rehabilitation agency, to supplement job placement and job development efforts for Job Corps graduates who are individuals with disabilities. (e) Child care The Secretary shall, to the extent practicable, provide child care at or near Job Corps centers, for individuals who require child care for their children in order to participate in the Job Corps. 149. Counseling and job placement (a) Assessment and counseling The Secretary shall arrange for assessment and counseling for each enrollee at regular intervals to measure progress in the academic and career and technical education and training programs carried out through the Job Corps. (b) Placement The Secretary shall arrange for assessment and counseling for enrollees prior to their scheduled graduations to determine their capabilities and, based on their capabilities, shall place the enrollees in employment leading to economic self-sufficiency for which the enrollees are trained or assist the enrollees in participating in further activities described in this subtitle. In arranging for the placement of graduates in jobs, the Secretary shall utilize the one-stop delivery system to the maximum extent practicable. (c) Status and progress The Secretary shall determine the status and progress of enrollees scheduled for graduation and make every effort to assure that their needs for further activities described in this subtitle are met. (d) Services to former enrollees The Secretary may provide such services as the Secretary determines to be appropriate under this subtitle to former enrollees. 150. Support (a) Personal allowances The Secretary may provide enrollees assigned to Job Corps centers with such personal allowances as the Secretary may determine to be necessary or appropriate to meet the needs of the enrollees. (b) Transition allowances The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of recognized postsecondary credentials. (c) Transition support The Secretary may arrange for the provision of 3 months of employment services for former enrollees. 151. Operations (a) Operating plan The provisions of the contract between the Secretary and an entity selected to operate a Job Corps center shall, at a minimum, serve as an operating plan for the Job Corps center. (b) Additional information The Secretary may require the operator, in order to remain eligible to operate the Job Corps center, to submit such additional information as the Secretary may require, which shall be considered part of the operating plan. (c) Availability The Secretary shall make the operating plan described in subsections (a) and (b), excluding any proprietary information, available to the public. 152. Standards of conduct (a) Provision and enforcement The Secretary shall provide, and directors of Job Corps centers shall stringently enforce, standards of conduct within the centers. Such standards of conduct shall include provisions forbidding the actions described in subsection (b)(2)(A). (b) Disciplinary measures (1) In general To promote the proper behavioral standards in the Job Corps, the directors of Job Corps centers shall have the authority to take appropriate disciplinary measures against enrollees if such a director determines that an enrollee has committed a violation of the standards of conduct. The director shall dismiss the enrollee from the Job Corps if the director determines that the retention of the enrollee in the Job Corps will jeopardize the enforcement of such standards, threaten the safety of staff, students, or the local community, or diminish the opportunities of other enrollees. (2) Zero tolerance policy and drug testing (A) Guidelines The Secretary shall adopt guidelines establishing a zero tolerance policy for an act of violence, for use, sale, or possession of a controlled substance, for abuse of alcohol, or for other illegal or disruptive activity. (B) Drug testing The Secretary shall require drug testing of all enrollees for controlled substances in accordance with procedures prescribed by the Secretary under section 145(a). (C) Definitions In this paragraph: (i) Controlled substance The term controlled substance has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802). (ii) Zero tolerance policy The term zero tolerance policy means a policy under which an enrollee shall be automatically dismissed from the Job Corps after a determination by the director that the enrollee has carried out an action described in subparagraph (A). (c) Appeal A disciplinary measure taken by a director under this section shall be subject to expeditious appeal in accordance with procedures established by the Secretary. 153. Community participation (a) Business and community participation The director of each Job Corps center shall ensure the establishment and development of the mutually beneficial business and community relationships and networks described in subsection (b), including the use of local boards, in order to enhance the effectiveness of such centers. (b) Networks The activities carried out by each Job Corps center under this section shall include— (1) establishing and developing relationships and networks with— (A) local and distant employers, to the extent practicable, in coordination with entities carrying out other Federal and non-Federal programs that conduct similar outreach to employers; (B) applicable one-stop centers and applicable local boards, for the purpose of providing— (i) information to, and referral of, potential enrollees; and (ii) job opportunities for Job Corps graduates; and (C) (i) entities carrying out relevant apprenticeship programs and youth programs; (ii) labor-management organizations and local labor organizations; (iii) employers and contractors that support national training contractor programs; and (iv) community-based organizations, non-profit organizations, and intermediaries providing workforce development-related services; and (2) establishing and developing relationships with members of the community in which the Job Corps center is located, informing members of the community about the projects of the Job Corps center and changes in the rules, procedures, or activities of the center that may affect the community, and planning events of mutual interest to the community and the Job Corps center. (c) New centers The director of a Job Corps center that is not yet operating shall ensure the establishment and development of the relationships and networks described in subsection (b) at least 3 months prior to the date on which the center accepts the first enrollee at the center. 154. Workforce councils (a) In general Each Job Corps center shall have a workforce council, appointed by the director of the center, in accordance with procedures established by the Secretary. (b) Workforce council composition (1) In general A workforce council shall be comprised of— (A) a majority of members who shall be owners of business concerns, chief executives or chief operating officers of nongovernmental employers, or other private sector employers, who— (i) have substantial management, hiring, or policy responsibility; and (ii) represent businesses with employment opportunities that reflect the employment opportunities of the applicable local areas in which enrollees will be seeking employment; (B) representatives of labor organizations (where present) and representatives of employees; and (C) enrollees and graduates of the Job Corps. (2) Local board The workforce council may include members of the applicable local boards who meet the requirements described in paragraph (1). (3) Employers outside of local area The workforce council for a Job Corps center may include, or otherwise provide for consultation with, employers from outside the local area who are likely to hire a significant number of enrollees from the Job Corps center. (4) Special rule for single State local areas In the case of a single State local area designated under section 106(d), the workforce council shall include a representative of the State Board. (c) Responsibilities The responsibilities of the workforce council shall be— (1) to work closely with all applicable local boards in order to determine, and recommend to the Secretary, appropriate career and technical education and training for the center; (2) to review all the relevant labor market information, including related information in the State plan or the local plan, to— (A) recommend the in-demand industry sectors or occupations in the area in which the Job Corps center operates; (B) determine the employment opportunities in the local areas in which the enrollees intend to seek employment after graduation; (C) determine the skills and education that are necessary to obtain the employment opportunities; and (D) recommend to the Secretary the type of career and technical education and training that should be implemented at the center to enable the enrollees to obtain the employment opportunities; and (3) to meet at least once every 6 months to reevaluate the labor market information, and other relevant information, to determine, and recommend to the Secretary, any necessary changes in the career and technical education and training provided at the center. (d) New centers The workforce council for a Job Corps center that is not yet operating shall carry out the responsibilities described in subsection (c) at least 3 months prior to the date on which the center accepts the first enrollee at the center. 155. Advisory committees The Secretary may establish and use advisory committees in connection with the operation of the Job Corps program, and the operation of Job Corps centers, whenever the Secretary determines that the availability of outside advice and counsel on a regular basis would be of substantial benefit in identifying and overcoming problems, in planning program or center development, or in strengthening relationships between the Job Corps and agencies, institutions, or groups engaged in related activities. 156. Experimental projects and technical assistance (a) Projects The Secretary may carry out experimental, research, or demonstration projects relating to carrying out the Job Corps program. The Secretary may waive any provisions of this subtitle that the Secretary finds would prevent the Secretary from carrying out the projects if the Secretary informs the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, in writing, not less than 90 days in advance of issuing such waiver. (b) Technical assistance From the funds provided under section 162 (for the purposes of administration), the Secretary may reserve 1/4 of 1 percent to provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance for the Job Corps program for the purpose of improving program quality. Such assistance shall include— (1) assisting Job Corps centers and programs— (A) in correcting deficiencies under, and violations of, this subtitle; (B) in meeting or exceeding the expected levels of performance under section 159(c)(1) for the indicators of performance described in section 116(b)(2)(A); (C) in the development of sound management practices, including financial management procedures; and (2) assisting entities, including entities not currently operating a Job Corps center, in developing the additional selection factors information described in section 147(a)(3). 157. Application of provisions of Federal law (a) Enrollees not considered To be Federal employees (1) In general Except as otherwise provided in this subsection and in section 8143(a) of title 5, United States Code, enrollees shall not be considered to be Federal employees and shall not be subject to the provisions of law relating to Federal employment, including such provisions regarding hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (2) Provisions relating to taxes and Social Security benefits For purposes of the Internal Revenue Code of 1986 and title II of the Social Security Act (42 U.S.C. 401 et seq.), enrollees shall be deemed to be employees of the United States and any service performed by an individual as an enrollee shall be deemed to be performed in the employ of the United States. (3) Provisions relating to compensation to Federal employees for work injuries For purposes of subchapter I of chapter 81 of title 5, United States Code (relating to compensation to Federal employees for work injuries), enrollees shall be deemed to be civil employees of the Government of the United States within the meaning of the term employee as defined in section 8101 of title 5, United States Code, and the provisions of such subchapter shall apply as specified in section 8143(a) of title 5, United States Code. (4) Federal tort claims provisions For purposes of the Federal tort claims provisions in title 28, United States Code, enrollees shall be considered to be employees of the Government. (b) Adjustments and settlements Whenever the Secretary finds a claim for damages to a person or property resulting from the operation of the Job Corps to be a proper charge against the United States, and the claim is not cognizable under section 2672 of title 28, United States Code, the Secretary may adjust and settle the claim in an amount not exceeding $1,500. (c) Personnel of the uniformed services Personnel of the uniformed services who are detailed or assigned to duty in the performance of agreements made by the Secretary for the support of the Job Corps shall not be counted in computing strength under any law limiting the strength of such services or in computing the percentage authorized by law for any grade in such services. 158. Special provisions (a) Enrollment The Secretary shall ensure that women and men have an equal opportunity to participate in the Job Corps program, consistent with section 145. (b) Studies, evaluations, proposals, and data The Secretary shall assure that all studies, evaluations, proposals, and data produced or developed with Federal funds in the course of carrying out the Job Corps program shall become the property of the United States. (c) Transfer of property (1) In general Notwithstanding chapter 5 of title 40, United States Code, and any other provision of law, the Secretary and the Secretary of Education shall receive priority by the Secretary of Defense for the direct transfer, on a nonreimbursable basis, of the property described in paragraph (2) for use in carrying out programs under this Act or under any other Act. (2) Property The property described in this paragraph is real and personal property under the control of the Department of Defense that is not used by such Department, including property that the Secretary of Defense determines is in excess of current and projected requirements of such Department. (d) Gross receipts Transactions conducted by a private for-profit or nonprofit entity that is an operator or service provider for a Job Corps center shall not be considered to be generating gross receipts. Such an operator or service provider shall not be liable, directly or indirectly, to any State or subdivision of a State (nor to any person acting on behalf of such a State or subdivision) for any gross receipts taxes, business privilege taxes measured by gross receipts, or any similar taxes imposed on, or measured by, gross receipts in connection with any payments made to or by such entity for operating or providing services to a Job Corps center. Such an operator or service provider shall not be liable to any State or subdivision of a State to collect or pay any sales, excise, use, or similar tax imposed on the sale to or use by such operator or service provider of any property, service, or other item in connection with the operation of or provision of services to a Job Corps center. (e) Management fee The Secretary shall provide each operator and (in an appropriate case, as determined by the Secretary) service provider with an equitable and negotiated management fee of not less than 1 percent of the amount of the funding provided under the appropriate agreement specified in section 147. (f) Donations The Secretary may accept on behalf of the Job Corps or individual Job Corps centers charitable donations of cash or other assistance, including equipment and materials, if such donations are available for appropriate use for the purposes set forth in this subtitle. (g) Sale of property Notwithstanding any other provision of law, if the Administrator of General Services sells a Job Corps center facility, the Administrator shall transfer the proceeds from the sale to the Secretary, who shall use the proceeds to carry out the Job Corps program. 159. Management information (a) Financial management information system (1) In general The Secretary shall establish procedures to ensure that each operator, and each service provider, maintains a financial management information system that will provide— (A) accurate, complete, and current disclosures of the costs of Job Corps operations; and (B) sufficient data for the effective evaluation of activities carried out through the Job Corps program. (2) Accounts Each operator and service provider shall maintain funds received under this subtitle in accounts in a manner that ensures timely and accurate reporting as required by the Secretary. (3) Fiscal responsibility Operators shall remain fiscally responsible and control costs, regardless of whether the funds made available for Job Corps centers are incrementally increased or decreased between fiscal years. (b) Audit (1) Access The Secretary, the Inspector General of the Department of Labor, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the operators and service providers described in subsection (a) that are pertinent to the Job Corps program, for purposes of conducting surveys, audits, and evaluations of the operators and service providers. (2) Surveys, audits, and evaluations The Secretary shall survey, audit, or evaluate, or arrange for the survey, audit, or evaluation of, the operators and service providers, using Federal auditors or independent public accountants. The Secretary shall conduct such surveys, audits, or evaluations not less often than once every 3 years. (c) Information on indicators of performance (1) Levels of performance and indicators The Secretary shall annually establish expected levels of performance for a Job Corps center and the Job Corps program relating to each of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii). (2) Performance of recruiters The Secretary shall also establish performance indicators, and expected levels of performance on the performance indicators, for recruitment service providers serving the Job Corps program. The performance indicators shall relate to— (A) the number of enrollees recruited, compared to the established goals for such recruitment, and the number of enrollees who remain committed to the program for 90 days after enrollment; and (B) the measurements described in subparagraphs (I), (L), and (M) of subsection (d)(1). (3) Performance of career transition service providers The Secretary shall also establish performance indicators, and expected performance levels on the performance indicators, for career transition service providers serving the Job Corps program. The performance indicators shall relate to— (A) the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii); and (B) the measurements described in subparagraphs (D), (E), (H), (J), and (K) of subsection (d)(1). (4) Report The Secretary shall collect, and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report including— (A) information on the performance of each Job Corps center, and the Job Corps program, based on the performance indicators described in paragraph (1), as compared to the expected level of performance established under such paragraph for each performance indicator; and (B) information on the performance of the service providers described in paragraphs (2) and (3) on the performance indicators established under such paragraphs, as compared to the expected level of performance established for each performance indicator. (d) Additional information (1) In general The Secretary shall also collect, and submit in the report described in subsection (c)(4), information on the performance of each Job Corps center, and the Job Corps program, regarding— (A) the number of enrollees served; (B) demographic information on the enrollees served, including age, race, gender, and education and income level; (C) the number of graduates of a Job Corps center; (D) the number of graduates who entered the Armed Forces; (E) the number of graduates who entered apprenticeship programs; (F) the number of graduates who received a regular secondary school diploma; (G) the number of graduates who received a State recognized equivalent of a secondary school diploma; (H) the number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps program and the number who entered unsubsidized employment not related to the education and training received; (I) the percentage and number of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b); (J) the percentage and number of graduates who enter postsecondary education; (K) the average wage of graduates who enter unsubsidized employment— (i) on the first day of such employment; and (ii) on the day that is 6 months after such first day; (L) the percentages of enrollees described in subparagraphs (A) and (B) of section 145(c)(1), as compared to the percentage targets established by the Secretary under such section for the center; (M) the cost per enrollee, which is calculated by comparing the number of enrollees at the center in a program year to the total budget for such center in the same program year; (N) the cost per graduate, which is calculated by comparing the number of graduates of the center in a program year compared to the total budget for such center in the same program year; and (O) any additional information required by the Secretary. (2) Rules for reporting of data The disaggregation of data under this subsection shall not be required when the number of individuals in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual. (e) Methods The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 116(i)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates. (f) Performance assessments and improvements (1) Assessments The Secretary shall conduct an annual assessment of the performance of each Job Corps center. Based on the assessment, the Secretary shall take measures to continuously improve the performance of the Job Corps program. (2) Performance improvement With respect to a Job Corps center that fails to meet the expected levels of performance relating to the primary indicators of performance specified in subsection (c)(1), the Secretary shall develop and implement a performance improvement plan. Such a plan shall require action to be taken during a 1-year period, including— (A) providing technical assistance to the center; (B) changing the career and technical education and training offered at the center; (C) changing the management staff of the center; (D) replacing the operator of the center; (E) reducing the capacity of the center; (F) relocating the center; or (G) closing the center. (3) Additional performance improvement In addition to the performance improvement plans required under paragraph (2), the Secretary may develop and implement additional performance improvement plans. Such a plan shall require improvements, including the actions described in such paragraph, for a Job Corps center that fails to meet criteria established by the Secretary other than the expected levels of performance described in such paragraph. (4) Civilian conservation centers With respect to a Civilian Conservation Center that fails to meet the expected levels of performance relating to the primary indicators of performance specified in subsection (c)(1) or fails to improve performance as described in paragraph (2) after 3 program years, the Secretary, in consultation with the Secretary of Agriculture, shall select an entity to operate the Civilian Conservation Center on a competitive basis, in accordance with the requirements of section 147. (g) Participant health and safety (1) Center The Secretary shall ensure that a review by an appropriate Federal, State, or local entity of the physical condition and health-related activities of each Job Corps center occurs annually. (2) Work-based learning locations The Secretary shall require that an entity that has entered into a contract to provide work-based learning activities for any Job Corps enrollee under this subtitle shall comply with the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ) or, as appropriate, under the corresponding State Occupational Safety and Health Act of 1970 requirements in the State in which such activities occur. (h) Buildings and facilities The Secretary shall collect, and submit in the report described in subsection (c)(4), information regarding the state of Job Corps buildings and facilities. Such report shall include— (1) a review of requested construction, rehabilitation, and acquisition projects, by each Job Corps center; and (2) a review of new facilities under construction. (i) National and community service The Secretary shall include in the report described in subsection (c)(4) available information regarding the national and community service activities of enrollees, particularly those enrollees at Civilian Conservation Centers. (j) Closure of job corps center Prior to the closure of any Job Corps center, the Secretary shall ensure— (1) that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register or other appropriate means; (2) the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary; and (3) that the Member of Congress who represents the district in which such center is located is notified within a reasonable period of time in advance of any final decision to close the center. 160. General provisions The Secretary is authorized to— (1) disseminate, with regard to the provisions of section 3204 of title 39, United States Code, data and information in such forms as the Secretary shall determine to be appropriate, to public agencies, private organizations, and the general public; (2) subject to section 157(b), collect or compromise all obligations to or held by the Secretary and exercise all legal or equitable rights accruing to the Secretary in connection with the payment of obligations until such time as such obligations may be referred to the Attorney General for suit or collection; and (3) expend funds made available for purposes of this subtitle— (A) for printing and binding, in accordance with applicable law (including regulation); and (B) without regard to any other law (including regulation), for rent of buildings and space in buildings and for repair, alteration, and improvement of buildings and space in buildings rented by the Secretary, except that the Secretary shall not expend funds under the authority of this subparagraph— (i) except when necessary to obtain an item, service, or facility, that is required in the proper administration of this subtitle, and that otherwise could not be obtained, or could not be obtained in the quantity or quality needed, or at the time, in the form, or under the conditions in which the item, service, or facility is needed; and (ii) prior to having given written notification to the Administrator of General Services (if the expenditure would affect an activity that otherwise would be under the jurisdiction of the General Services Administration) of the intention of the Secretary to make the expenditure, and the reasons and justifications for the expenditure. 161. Job Corps oversight and reporting (a) Temporary financial reporting (1) In general During the periods described in paragraphs (2) and (3)(B), the Secretary shall prepare and submit to the applicable committees financial reports regarding the Job Corps program under this subtitle. Each such financial report shall include— (A) information regarding the implementation of the financial oversight measures suggested in the May 31, 2013, report of the Office of Inspector General of the Department of Labor entitled The U.S. Department of Labor's Employment and Training Administration Needs to Strengthen Controls over Job Corps Funds ; (B) a description of any budgetary shortfalls for the program for the period covered by the financial report, and the reasons for such shortfalls; and (C) a description and explanation for any approval for contract expenditures that are in excess of the amounts provided for under the contract. (2) Timing of reports The Secretary shall submit a financial report under paragraph (1) once every 6 months beginning on the date of enactment of this Act, for a 3-year period. After the completion of such 3-year period, the Secretary shall submit a financial report under such paragraph once a year for the next 2 years, unless additional reports are required under paragraph (3)(B). (3) Reporting requirements in cases of budgetary shortfalls If any financial report required under this subsection finds that the Job Corps program under this subtitle has a budgetary shortfall for the period covered by the report, the Secretary shall— (A) not later than 90 days after the budgetary shortfall was identified, submit a report to the applicable committees explaining how the budgetary shortfall will be addressed; and (B) submit an additional financial report under paragraph (1) for each 6-month period subsequent to the finding of the budgetary shortfall until the Secretary demonstrates, through such report, that the Job Corps program has no budgetary shortfall. (b) Third-party review Every 5 years after the date of enactment of this Act, the Secretary shall provide for a third-party review of the Job Corps program under this subtitle that addresses all of the areas described in subparagraphs (A) through (G) of section 169(a)(2). The results of the review shall be submitted to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (c) Criteria for Job Corps center closures By not later than December 1, 2014, the Secretary shall establish written criteria that the Secretary shall use to determine when a Job Corps center supported under this subtitle is to be closed and how to carry out such closure, and shall submit such criteria to the applicable committees. (d) Definition of applicable committees In this section, the term applicable committees means— (1) the Committee on Education and the Workforce of the House of Representatives; (2) the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies of the Committee of Appropriations of the House of Representatives; (3) the Committee on Health, Education, Labor, and Pensions of the Senate; and (4) the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies of the Committee of Appropriations of the Senate. 162. Authorization of appropriations There are authorized to be appropriated to carry out this subtitle— (1) $1,688,155,000 for fiscal year 2015; (2) $1,818,548,000 for fiscal year 2016; (3) $1,856,283,000 for fiscal year 2017; (4) $1,897,455,000 for fiscal year 2018; (5) $1,942,064,000 for fiscal year 2019; and (6) $1,983,236,000 for fiscal year 2020. D National programs 166. Native American programs (a) Purpose (1) In general The purpose of this section is to support employment and training activities for Indian, Alaska Native, and Native Hawaiian individuals in order— (A) to develop more fully the academic, occupational, and literacy skills of such individuals; (B) to make such individuals more competitive in the workforce and to equip them with the entrepreneurial skills necessary for successful self-employment; and (C) to promote the economic and social development of Indian, Alaska Native, and Native Hawaiian communities in accordance with the goals and values of such communities. (2) Indian policy All programs assisted under this section shall be administered in a manner consistent with the principles of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ) and the government-to-government relationship between the Federal Government and Indian tribal governments. (b) Definitions As used in this section: (1) Alaska native The term Alaska Native includes a Native and a descendant of a Native, as such terms are defined in subsections (b) and (r) of section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602(b) , (r)). (2) Indian, indian tribe, and tribal organization The terms Indian , Indian tribe , and tribal organization have the meanings given such terms in subsections (d), (e), and (l), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (3) Native hawaiian and native hawaiian organization The terms Native Hawaiian and Native Hawaiian organization have the meanings given such terms in section 7207 of the Native Hawaiian Education Act (20 U.S.C. 7517). (c) Program authorized Every 4 years, the Secretary shall, on a competitive basis, make grants to, or enter into contracts or cooperative agreements with, Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out the authorized activities described in subsection (d). (d) Authorized activities (1) In general Funds made available under subsection (c) shall be used to carry out the activities described in paragraph (2) that— (A) are consistent with this section; and (B) are necessary to meet the needs of Indians, Alaska Natives, or Native Hawaiians preparing to enter, reenter, or retain unsubsidized employment leading to self-sufficiency. (2) Workforce development activities and supplemental services (A) In general Funds made available under subsection (c) shall be used for— (i) comprehensive workforce development activities for Indians, Alaska Natives, or Native Hawaiians, including training on entrepreneurial skills; or (ii) supplemental services for Indian, Alaska Native, or Native Hawaiian youth on or near Indian reservations and in Oklahoma, Alaska, or Hawaii. (B) Special rule Notwithstanding any other provision of this section, individuals who were eligible to participate in programs under section 401 of the Job Training Partnership Act (as such section was in effect on the day before the date of enactment of the Workforce Investment Act of 1998) shall be eligible to participate in an activity assisted under this section. (e) Program plan In order to receive a grant or enter into a contract or cooperative agreement under this section, an entity described in subsection (c) shall submit to the Secretary a program plan that describes a 4-year strategy for meeting the needs of Indian, Alaska Native, or Native Hawaiian individuals, as appropriate, in the area served by such entity. Such plan shall— (1) be consistent with the purpose of this section; (2) identify the population to be served; (3) identify the education and employment needs of the population to be served and the manner in which the activities to be provided will strengthen the ability of the individuals served to obtain or retain unsubsidized employment leading to self-sufficiency; (4) describe the activities to be provided and the manner in which such activities are to be integrated with other appropriate activities; and (5) describe, after the entity submitting the plan consults with the Secretary, the performance accountability measures to be used to assess the performance of entities in carrying out the activities assisted under this section, which shall include the primary indicators of performance described in section 116(b)(2)(A) and expected levels of performance for such indicators, in accordance with subsection (h). (f) Consolidation of funds Each entity receiving assistance under subsection (c) may consolidate such assistance with assistance received from related programs in accordance with the provisions of the Indian Employment, Training and Related Services Demonstration Act of 1992 ( 25 U.S.C. 3401 et seq. ). (g) Nonduplicative and nonexclusive services Nothing in this section shall be construed— (1) to limit the eligibility of any entity described in subsection (c) to participate in any activity offered by a State or local entity under this Act; or (2) to preclude or discourage any agreement, between any entity described in subsection (c) and any State or local entity, to facilitate the provision of services by such entity or to the population served by such entity. (h) Performance accountability measures (1) Additional performance indicators and standards (A) Development of indicators and standards The Secretary, in consultation with the Native American Employment and Training Council, shall develop a set of performance indicators and standards that is in addition to the primary indicators of performance described in section 116(b)(2)(A) and that shall be applicable to programs under this section. (B) Special considerations Such performance indicators and standards shall take into account— (i) the purpose of this section as described in subsection (a)(1); (ii) the needs of the groups served by this section, including the differences in needs among such groups in various geographic service areas; and (iii) the economic circumstances of the communities served, including differences in circumstances among various geographic service areas. (2) Agreement on adjusted levels of performance The Secretary and the entity described in subsection (c) shall reach agreement on the levels of performance for each of the primary indicators of performance described in section 116(b)(2)(A), taking into account economic conditions, characteristics of the individuals served, and other appropriate factors and using, to the extent practicable, the statistical adjustment model under section 116(b)(3)(A)(viii). The levels agreed to shall be the adjusted levels of performance and shall be incorporated in the program plan. (i) Administrative provisions (1) Organizational unit established The Secretary shall designate a single organizational unit within the Department of Labor that shall have primary responsibility for the administration of the activities authorized under this section. (2) Regulations The Secretary shall consult with the entities described in subsection (c) in— (A) establishing regulations to carry out this section, including regulations relating to the performance accountability measures for entities receiving assistance under this section; and (B) developing a funding distribution plan that takes into consideration previous levels of funding (prior to the date of enactment of this Act) to such entities. (3) Waivers (A) In general With respect to an entity described in subsection (c), the Secretary, notwithstanding any other provision of law, may, pursuant to a request submitted by such entity that meets the requirements established under subparagraph (B), waive any of the statutory or regulatory requirements of this title that are inconsistent with the specific needs of the entity described in such subsection, except that the Secretary may not waive requirements relating to wage and labor standards, worker rights, participation and protection of workers and participants, grievance procedures, and judicial review. (B) Request and approval An entity described in subsection (c) that requests a waiver under subparagraph (A) shall submit a plan to the Secretary to improve the program of workforce investment activities carried out by the entity, which plan shall meet the requirements established by the Secretary and shall be generally consistent with the requirements of section 189(i)(3)(B). (4) Advisory council (A) In general Using funds made available to carry out this section, the Secretary shall establish a Native American Employment and Training Council to facilitate the consultation described in paragraph (2) and to provide the advice described in subparagraph (C). (B) Composition The Council shall be composed of individuals, appointed by the Secretary, who are representatives of the entities described in subsection (c). (C) Duties The Council shall advise the Secretary on the operation and administration of the programs assisted under this section, including the selection of the individual appointed as head of the unit established under paragraph (1). (D) Personnel matters (i) Compensation of members Members of the Council shall serve without compensation. (ii) Travel expenses The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. (iii) Administrative support The Secretary shall provide the Council with such administrative support as may be necessary to perform the functions of the Council. (E) Chairperson The Council shall select a chairperson from among its members. (F) Meetings The Council shall meet not less than twice each year. (G) Application Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. (5) Technical assistance The Secretary, acting through the unit established under paragraph (1), is authorized to provide technical assistance to entities described in subsection (c) that receive assistance under such subsection to enable such entities to improve the activities authorized under this section that are provided by such entities. (6) Agreement for certain federally recognized indian tribes to transfer funds to the program A federally recognized Indian tribe that administers funds provided under this section and funds provided by more than one State under other sections of this title may enter into an agreement with the Secretary and the Governors of the affected States to transfer the funds provided by the States to the program administered by the tribe under this section. (j) Compliance with single audit requirements; related requirement Grants made and contracts and cooperative agreements entered into under this section shall be subject to the requirements of chapter 75 of subtitle V of title 31, United States Code, and charging of costs under this section shall be subject to appropriate circulars issued by the Office of Management and Budget. (k) Assistance to unique populations in Alaska and Hawaii (1) In general Notwithstanding any other provision of law, the Secretary is authorized to award grants, on a competitive basis, to entities with demonstrated experience and expertise in developing and implementing programs for the unique populations who reside in Alaska or Hawaii, including public and private nonprofit organizations, tribal organizations, American Indian tribal colleges or universities, institutions of higher education, or consortia of such organizations or institutions, to improve job training and workforce investment activities for such unique populations. (2) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (A) $461,000 for fiscal year 2015; (B) $497,000 for fiscal year 2016; (C) $507,000 for fiscal year 2017; (D) $518,000 for fiscal year 2018; (E) $530,000 for fiscal year 2019; and (F) $542,000 for fiscal year 2020. 167. Migrant and seasonal farmworker programs (a) In general Every 4 years, the Secretary shall, on a competitive basis, make grants to, or enter into contracts with, eligible entities to carry out the activities described in subsection (d). (b) Eligible entities To be eligible to receive a grant or enter into a contract under this section, an entity shall have an understanding of the problems of eligible migrant and seasonal farmworkers (including dependents), a familiarity with the area to be served, and the ability to demonstrate a capacity to administer and deliver effectively a diversified program of workforce investment activities (including youth workforce investment activities) and related assistance for eligible migrant and seasonal farmworkers. (c) Program plan (1) In general To be eligible to receive a grant or enter into a contract under this section, an entity described in subsection (b) shall submit to the Secretary a plan that describes a 4-year strategy for meeting the needs of eligible migrant and seasonal farmworkers in the area to be served by such entity. (2) Contents Such plan shall— (A) describe the population to be served and identify the education and employment needs of the population to be served and the manner in which the services to be provided will strengthen the ability of the eligible migrant and seasonal farmworkers and dependents to obtain or retain unsubsidized employment, or stabilize their unsubsidized employment, including upgraded employment in agriculture; (B) describe the related assistance and supportive services to be provided and the manner in which such assistance and services are to be integrated and coordinated with other appropriate services; (C) describe the performance accountability measures to be used to assess the performance of such entity in carrying out the activities assisted under this section, which shall include the expected levels of performance for the primary indicators of performance described in section 116(b)(2)(A); (D) describe the availability and accessibility of local resources, such as supportive services, services provided through one-stop delivery systems, and education and training services, and how the resources can be made available to the population to be served; and (E) describe the plan for providing services under this section, including strategies and systems for outreach, career planning, assessment, and delivery through one-stop delivery systems. (3) Agreement on adjusted levels of performance The Secretary and the entity described in subsection (b) shall reach agreement on the levels of performance for each of the primary indicators of performance described in section 116(b)(2)(A), taking into account economic conditions, characteristics of the individuals served, and other appropriate factors, and using, to the extent practicable, the statistical adjustment model under section 116(b)(3)(A)(viii). The levels agreed to shall be the adjusted levels of performance and shall be incorporated in the program plan. (4) Administration Grants and contracts awarded under this section shall be centrally administered by the Department of Labor and competitively awarded by the Secretary using procedures consistent with standard Federal Government competitive procurement policies. (d) Authorized activities Funds made available under this section and section 127(a)(1) shall be used to carry out workforce investment activities (including youth workforce investment activities) and provide related assistance for eligible migrant and seasonal farmworkers, which may include— (1) outreach, employment, training, educational assistance, literacy assistance, English language and literacy instruction, pesticide and worker safety training, housing (including permanent housing), supportive services, and school dropout prevention and recovery activities; (2) followup services for those individuals placed in employment; (3) self-employment and related business or micro-enterprise development or education as needed by eligible individuals as identified pursuant to the plan required by subsection (c); (4) customized career and technical education in occupations that will lead to higher wages, enhanced benefits, and long-term employment in agriculture or another area; and (5) technical assistance to improve coordination of services and implement best practices relating to service delivery through one-stop delivery systems. (e) Consultation with governors and local boards In making grants and entering into contracts under this section, the Secretary shall consult with the Governors and local boards of the States in which the eligible entities will carry out the activities described in subsection (d). (f) Regulations The Secretary shall consult with eligible migrant and seasonal farmworkers groups and States in establishing regulations to carry out this section, including regulations relating to how economic and demographic barriers to employment of eligible migrant and seasonal farmworkers should be considered and included in the negotiations leading to the adjusted levels of performance described in subsection (c)(3). (g) Compliance with single audit requirements; related requirement Grants made and contracts entered into under this section shall be subject to the requirements of chapter 75 of subtitle V of title 31, United States Code and charging of costs under this section shall be subject to appropriate circulars issued by the Office of Management and Budget. (h) Funding allocation From the funds appropriated and made available to carry out this section, the Secretary shall reserve not more than 1 percent for discretionary purposes, such as providing technical assistance to eligible entities. (i) Definitions In this section: (1) Eligible migrant and seasonal farmworkers The term eligible migrant and seasonal farmworkers means individuals who are eligible migrant farmworkers or are eligible seasonal farmworkers. (2) Eligible migrant farmworker The term eligible migrant farmworker means— (A) an eligible seasonal farmworker described in paragraph (3)(A) whose agricultural labor requires travel to a job site such that the farmworker is unable to return to a permanent place of residence within the same day; and (B) a dependent of the farmworker described in subparagraph (A). (3) Eligible seasonal farmworker The term eligible seasonal farmworker means— (A) a low-income individual who— (i) for 12 consecutive months out of the 24 months prior to application for the program involved, has been primarily employed in agricultural or fish farming labor that is characterized by chronic unemployment or underemployment; and (ii) faces multiple barriers to economic self-sufficiency; and (B) a dependent of the person described in subparagraph (A). 168. Technical assistance (a) General technical assistance (1) In general The Secretary shall ensure that the Department has sufficient capacity to, and does, provide, coordinate, and support the development of, appropriate training, technical assistance, staff development, and other activities, including— (A) assistance in replicating programs of demonstrated effectiveness, to States and localities; (B) the training of staff providing rapid response services; (C) the training of other staff of recipients of funds under this title, including the staff of local boards and State boards; (D) the training of members of State boards and local boards; (E) assistance in the development and implementation of integrated, technology-enabled intake and case management information systems for programs carried out under this Act and programs carried out by one-stop partners, such as standard sets of technical requirements for the systems, offering interfaces that States could use in conjunction with their current (as of the first date of implementation of the systems) intake and case management information systems that would facilitate shared registration across programs; (F) assistance regarding accounting and program operations to States and localities (when such assistance would not supplant assistance provided by the State); (G) peer review activities under this title; and (H) in particular, assistance to States in making transitions to implement the provisions of this Act. (2) Form of assistance (A) In general In order to carry out paragraph (1) on behalf of a State or recipient of financial assistance under section 166 or 167, the Secretary, after consultation with the State or grant recipient, may award grants or enter into contracts or cooperative agreements. (B) Limitation Grants or contracts awarded under paragraph (1) to entities other than States or local units of government that are for amounts in excess of $100,000 shall only be awarded on a competitive basis. (b) Dislocated worker technical assistance (1) Authority Of the amounts available pursuant to section 132(a)(2)(A), the Secretary shall reserve not more than 5 percent of such amounts to provide technical assistance to States that do not meet the State performance accountability measures for the primary indicators of performance described in section 116(b)(2)(A)(i) with respect to employment and training activities for dislocated workers. Using such reserved funds, the Secretary may provide such assistance to other States, local areas, and other entities involved in providing assistance to dislocated workers, to promote the continuous improvement of assistance provided to dislocated workers, under this title. (2) Training Amounts reserved under this subsection may be used to provide for the training of staff, including specialists, who provide rapid response services. Such training shall include instruction in proven methods of promoting, establishing, and assisting labor-management committees. Such projects shall be administered through the Employment and Training Administration of the Department. (c) Promising and proven practices coordination The Secretary shall— (1) establish a system through which States may share information regarding promising and proven practices with regard to the operation of workforce investment activities under this Act; (2) evaluate and disseminate information regarding such promising and proven practices and identify knowledge gaps; and (3) commission research under section 169(b) to address knowledge gaps identified under paragraph (2). 169. Evaluations and research (a) Evaluations (1) Evaluations of programs and activities carried out under this title (A) In general For the purpose of improving the management and effectiveness of programs and activities carried out under this title, the Secretary, through grants, contracts, or cooperative agreements, shall provide for the continuing evaluation of the programs and activities under this title, including those programs and activities carried out under this section. (B) Periodic independent evaluation The evaluations carried out under this paragraph shall include an independent evaluation, at least once every 4 years, of the programs and activities carried out under this title. (2) Evaluation subjects Each evaluation carried out under paragraph (1) shall address— (A) the general effectiveness of such programs and activities in relation to their cost, including the extent to which the programs and activities— (i) improve the employment competencies of participants in comparison to comparably-situated individuals who did not participate in such programs and activities; and (ii) to the extent feasible, increase the level of total employment over the level that would have existed in the absence of such programs and activities; (B) the effectiveness of the performance accountability measures relating to such programs and activities; (C) the effectiveness of the structure and mechanisms for delivery of services through such programs and activities, including the coordination and integration of services through such programs and activities; (D) the impact of such programs and activities on the community, businesses, and participants involved; (E) the impact of such programs and activities on related programs and activities; (F) the extent to which such programs and activities meet the needs of various demographic groups; and (G) such other factors as may be appropriate. (3) Evaluations of other programs and activities The Secretary may conduct evaluations of other federally funded employment-related programs and activities under other provisions of law. (4) Techniques Evaluations conducted under this subsection shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies. The Secretary shall conduct at least 1 multisite control group evaluation under this subsection by the end of fiscal year 2019, and thereafter shall ensure that such an analysis is included in the independent evaluation described in paragraph (1)(B) that is conducted at least once every 4 years. (5) Reports The entity carrying out an evaluation described in paragraph (1) or (2) shall prepare and submit to the Secretary a draft report and a final report containing the results of the evaluation. (6) Reports to congress Not later than 30 days after the completion of a draft report under paragraph (5), the Secretary shall transmit the draft report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate. Not later than 60 days after the completion of a final report under such paragraph, the Secretary shall transmit the final report to such committees. (7) Public availability Not later than 30 days after the date the Secretary transmits the final report as described in paragraph (6), the Secretary shall make that final report available to the general public on the Internet, on the Web site of the Department of Labor. (8) Publication of reports If an entity that enters into a contract or other arrangement with the Secretary to conduct an evaluation of a program or activity under this subsection requests permission from the Secretary to publish a report resulting from the evaluation, such entity may publish the report unless the Secretary denies the request during the 90-day period beginning on the date the Secretary receives such request. (9) Coordination The Secretary shall ensure the coordination of evaluations carried out by States pursuant to section 116(e) with the evaluations carried out under this subsection. (b) Research, studies, and multistate projects (1) In general After consultation with States, localities, and other interested parties, the Secretary shall, every 2 years, publish in the Federal Register, a plan that describes the research, studies, and multistate project priorities of the Department of Labor concerning employment and training for the 5-year period following the submission of the plan. The plan shall be consistent with the purposes of this title, including the purpose of aligning and coordinating core programs with other one-stop partner programs. Copies of the plan shall be transmitted to the Committee on Education and the Workforce of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, the Department of Education, and other relevant Federal agencies. (2) Factors The plan published under paragraph (1) shall contain strategies to address national employment and training problems and take into account factors such as— (A) the availability of existing research (as of the date of the publication); (B) the need to ensure results that have interstate validity; (C) the benefits of economies of scale and the efficiency of proposed projects; and (D) the likelihood that the results of the projects will be useful to policymakers and stakeholders in addressing employment and training problems. (3) Research projects The Secretary shall, through grants or contracts, carry out research projects that will contribute to the solution of employment and training problems in the United States and that are consistent with the priorities specified in the plan published under paragraph (1). (4) Studies and reports (A) Net impact studies and reports The Secretary of Labor, in coordination with the Secretary of Education and other relevant Federal agencies, may conduct studies to determine the net impact and best practices of programs, services, and activities carried out under this Act. (B) Study on resources available to assist disconnected youth The Secretary of Labor, in coordination with the Secretary of Education, may conduct a study examining the characteristics of eligible youth that result in such youth being significantly disconnected from education and workforce participation, the ways in which such youth could have greater opportunities for education attainment and obtaining employment, and the resources available to assist such youth in obtaining the skills, credentials, and work experience necessary to become economically self-sufficient. (C) Study of effectiveness of workforce development system in meeting business needs Using funds available to carry out this subsection jointly with funds available to the Secretary of Commerce, the Administrator of the Small Business Administration, and the Secretary of Education, the Secretary of Labor, in coordination with the Secretary of Commerce, the Administrator of the Small Business Administration, and the Secretary of Education, may conduct a study of the effectiveness of the workforce development system in meeting the needs of business, such as through the use of industry or sector partnerships, with particular attention to the needs of small business, including in assisting workers to obtain the skills needed to utilize emerging technologies. (D) Study on participants entering nontraditional occupations The Secretary of Labor, in coordination with the Secretary of Education, may conduct a study examining the number and percentage of individuals who receive employment and training activities and who enter nontraditional occupations, successful strategies to place and support the retention of individuals in nontraditional employment (such as by providing post-placement assistance to participants in the form of exit interviews, mentoring, networking, and leadership development), and the degree to which recipients of employment and training activities are informed of the possibility of, or directed to begin, training or education needed for entrance into nontraditional occupations. (E) Study on performance indicators The Secretary of Labor, in coordination with the Secretary of Education, may conduct studies to determine the feasibility of, and potential means to replicate, measuring the compensation, including the wages, benefits, and other incentives provided by an employer, received by program participants by using data other than or in addition to data available through wage records, for potential use as a performance indicator. (F) Study on job training for recipients of public housing assistance The Secretary of Labor, in coordination with the Secretary of Housing and Urban Development, may conduct studies to assist public housing authorities to provide, to recipients of public housing assistance, job training programs that successfully upgrade job skills and employment in, and access to, jobs with opportunity for advancement and economic self-sufficiency for such recipients. (G) Study on improving employment prospects for older individuals The Secretary of Labor, in coordination with the Secretary of Education and the Secretary of Health and Human Services, may conduct studies that lead to better design and implementation of, in conjunction with employers, local boards or State boards, community colleges or area career and technical education schools, and other organizations, effective evidence-based strategies to provide services to workers who are low-income, low-skilled older individuals that increase the workers’ skills and employment prospects. (H) Study on prior learning The Secretary of Labor, in coordination with other heads of Federal agencies, as appropriate, may conduct studies that, through convening stakeholders from the fields of education, workforce, business, labor, defense, and veterans services, and experts in such fields, develop guidelines for assessing, accounting for, and utilizing the prior learning of individuals, including dislocated workers and veterans, in order to provide the individuals with postsecondary educational credit for such prior learning that leads to the attainment of a recognized postsecondary credential identified under section 122(d) and employment. (I) Study on career pathways for health care providers and providers of early education and child care The Secretary of Labor, in coordination with the Secretary of Education and the Secretary of Health and Human Services, shall conduct a multistate study to develop, implement, and build upon career advancement models and practices for low-wage health care providers or providers of early education and child care, including faculty education and distance education programs. (J) Study on equivalent pay The Secretary shall conduct a multistate study to develop and disseminate strategies for ensuring that programs and activities carried out under this Act are placing individuals in jobs, education, and training that lead to equivalent pay for men and women, including strategies to increase the participation of women in high-wage, high-demand occupations in which women are underrepresented. (K) Reports The Secretary shall prepare and disseminate to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, and to the public, including through electronic means, reports containing the results of the studies conducted under this paragraph. (5) Multistate projects (A) Authority The Secretary may, through grants or contracts, carry out multistate projects that require demonstrated expertise that is available at the national level to effectively disseminate best practices and models for implementing employment and training services, address the specialized employment and training needs of particular service populations, or address industry-wide skill shortages, to the extent such projects are consistent with the priorities specified in the plan published under paragraph (1). (B) Design of grants Agreements for grants or contracts awarded under this paragraph shall be designed to obtain information relating to the provision of services under different economic conditions or to various demographic groups in order to provide guidance at the national and State levels about how best to administer specific employment and training services. (6) Limitations (A) Competitive awards A grant or contract awarded for carrying out a project under this subsection in an amount that exceeds $100,000 shall be awarded only on a competitive basis, except that a noncompetitive award may be made in the case of a project that is funded jointly with other public or private sector entities that provide a substantial portion of assistance under the grant or contract for the project. (B) Time limits A grant or contract shall not be awarded under this subsection to the same organization for more than 3 consecutive years unless such grant or contract is competitively reevaluated within such period. (C) Peer review (i) In general The Secretary shall utilize a peer review process— (I) to review and evaluate all applications for grants in amounts that exceed $500,000 that are submitted under this section; and (II) to review and designate exemplary and promising programs under this section. (ii) Availability of funds The Secretary is authorized to use funds provided under this section to carry out peer review activities under this subparagraph. (D) Priority In awarding grants or contracts under this subsection, priority shall be provided to entities with recognized expertise in the methods, techniques, and knowledge of workforce investment activities. The Secretary shall establish appropriate time limits for the duration of such projects. (c) Dislocated worker projects Of the amount made available pursuant to section 132(a)(2)(A) for any program year, the Secretary shall use not more than 10 percent of such amount to carry out demonstration and pilot projects, multiservice projects, and multistate projects relating to the employment and training needs of dislocated workers. Of the requirements of this section, such projects shall be subject only to the provisions relating to review and evaluation of applications under subsection (b)(6)(C). Such projects may include demonstration and pilot projects relating to promoting self-employment, promoting job creation, averting dislocations, assisting dislocated farmers, assisting dislocated fishermen, and promoting public works. Such projects shall be administered by the Secretary, acting through the Assistant Secretary for Employment and Training. 170. National dislocated worker grants (a) Definitions In this section: (1) Emergency or disaster The term emergency or disaster means— (A) an emergency or a major disaster, as defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122 (1) and (2)); or (B) an emergency or disaster situation of national significance that could result in a potentially large loss of employment, as declared or otherwise recognized by the chief official of a Federal agency with authority for or jurisdiction over the Federal response to the emergency or disaster situation. (2) Disaster area The term disaster area means an area that has suffered or in which has occurred an emergency or disaster. (b) In general (1) Grants The Secretary is authorized to award national dislocated worker grants— (A) to an entity described in subsection (c)(1)(B) to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; (B) to provide assistance to— (i) the Governor of any State within the boundaries of which is a disaster area, to provide disaster relief employment in the disaster area; or (ii) the Governor of any State to which a substantial number of workers from an area in which an emergency or disaster has been declared or otherwise recognized have relocated; (C) to provide additional assistance to a State board or local board for eligible dislocated workers in a case in which the State board or local board has expended the funds provided under this section to carry out activities described in subparagraphs (A) and (B) and can demonstrate the need for additional funds to provide appropriate services for such workers, in accordance with requirements prescribed by the Secretary; and (D) to provide additional assistance to a State board or local board serving an area where— (i) a higher-than-average demand for employment and training activities for dislocated members of the Armed Forces, spouses described in section 3(15)(E), or members of the Armed Forces described in subsection (c)(2)(A)(iv), exceeds State and local resources for providing such activities; and (ii) such activities are to be carried out in partnership with the Department of Defense and Department of Veterans Affairs transition assistance programs. (2) Decisions and obligations The Secretary shall issue a final decision on an application for a national dislocated worker grant under this subsection not later than 45 calendar days after receipt of the application. The Secretary shall issue a notice of obligation for such grant not later than 10 days after the award of such grant. (c) Employment and training assistance requirements (1) Grant recipient eligibility (A) Application To be eligible to receive a grant under subsection (b)(1)(A), an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (B) Eligible entity In this paragraph, the term entity means a State, a local board, an entity described in section 166(c), an entity determined to be eligible by the Governor of the State involved, and any other entity that demonstrates to the Secretary the capability to effectively respond to the circumstances relating to particular dislocations. (2) Participant eligibility (A) In general In order to be eligible to receive employment and training assistance under a national dislocated worker grant awarded pursuant to subsection (b)(1)(A), an individual shall be— (i) a dislocated worker; (ii) a civilian employee of the Department of Defense or the Department of Energy employed at a military installation that is being closed, or that will undergo realignment, within the next 24 months after the date of the determination of eligibility; (iii) an individual who is employed in a nonmanagerial position with a Department of Defense contractor, who is determined by the Secretary of Defense to be at risk of termination from employment as a result of reductions in defense expenditures, and whose employer is converting operations from defense to nondefense applications in order to prevent worker layoffs; or (iv) a member of the Armed Forces who— (I) was on active duty or full-time National Guard duty; (II) (aa) is involuntarily separated (as defined in section 1141 of title 10, United States Code) from active duty or full-time National Guard duty; or (bb) is separated from active duty or full-time National Guard duty pursuant to a special separation benefits program under section 1174a of title 10, United States Code, or the voluntary separation incentive program under section 1175 of that title; (III) is not entitled to retired or retained pay incident to the separation described in subclause (II); and (IV) applies for such employment and training assistance before the end of the 180-day period beginning on the date of that separation. (B) Retraining assistance The individuals described in subparagraph (A)(iii) shall be eligible for retraining assistance to upgrade skills by obtaining marketable skills needed to support the conversion described in subparagraph (A)(iii). (C) Additional requirements The Secretary shall establish and publish additional requirements related to eligibility for employment and training assistance under the national dislocated worker grants to ensure effective use of the funds available for this purpose. (D) Definitions In this paragraph, the terms military installation and realignment have the meanings given the terms in section 2910 of the Defense Base Closure and Realignment Act of 1990 ( Public Law 101–510 ; 10 U.S.C. 2687 note). (d) Disaster relief employment assistance requirements (1) In general Funds made available under subsection (b)(1)(B)— (A) shall be used, in coordination with the Administrator of the Federal Emergency Management Agency, as applicable, to provide disaster relief employment on projects that provide food, clothing, shelter, and other humanitarian assistance for emergency and disaster victims, and projects regarding demolition, cleaning, repair, renovation, and reconstruction of damaged and destroyed structures, facilities, and lands located within the disaster area and in offshore areas related to the emergency or disaster; (B) may be expended through public and private agencies and organizations engaged in such projects; and (C) may be expended to provide employment and training activities. (2) Eligibility An individual shall be eligible to be offered disaster relief employment under subsection (b)(1)(B) if such individual— (A) is a dislocated worker; (B) is a long-term unemployed individual; (C) is temporarily or permanently laid off as a consequence of the emergency or disaster; or (D) in the case of an individual who is self-employed, becomes unemployed or significantly underemployed as a result of the emergency or disaster. (3) Limitations on disaster relief employment (A) In general Except as provided in subparagraph (B), no individual shall be employed under subsection (b)(1)(B) for more than 12 months for work related to recovery from a single emergency or disaster. (B) Extension At the request of a State, the Secretary may extend such employment, related to recovery from a single emergency or disaster involving the State, for not more than an additional 12 months. (4) Use of available funds Funds made available under subsection (b)(1)(B) shall be available to assist workers described in paragraph (2) who are affected by an emergency or disaster, including workers who have relocated from an area in which an emergency or disaster has been declared or otherwise recognized, as appropriate. Under conditions determined by the Secretary and following notification to the Secretary, a State may use such funds, that are appropriated for any fiscal year and available for expenditure under any grant awarded to the State under this section, to provide any assistance authorized under this subsection. Funds used pursuant to the authority provided under this paragraph shall be subject to the liability and reimbursement requirements described in paragraph (5). (5) Liability and reimbursement Nothing in this Act shall be construed to relieve liability, by a responsible party that is liable under Federal law, for any costs incurred by the United States under subsection (b)(1)(B) or this subsection, including the responsibility to provide reimbursement for such costs to the United States. 171. YouthBuild program (a) Statement of purpose The purposes of this section are— (1) to enable disadvantaged youth to obtain the education and employment skills necessary to achieve economic self-sufficiency in occupations in demand and postsecondary education and training opportunities; (2) to provide disadvantaged youth with opportunities for meaningful work and service to their communities; (3) to foster the development of employment and leadership skills and commitment to community development among youth in low-income communities; (4) to expand the supply of permanent affordable housing for homeless individuals and low-income families by utilizing the energies and talents of disadvantaged youth; and (5) to improve the quality and energy efficiency of community and other nonprofit and public facilities, including those facilities that are used to serve homeless and low-income families. (b) Definitions In this section: (1) Adjusted income The term adjusted income has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (2) Applicant The term applicant means an eligible entity that has submitted an application under subsection (c). (3) Eligible entity The term eligible entity means a public or private nonprofit agency or organization (including a consortium of such agencies or organizations), including— (A) a community-based organization; (B) a faith-based organization; (C) an entity carrying out activities under this title, such as a local board; (D) a community action agency; (E) a State or local housing development agency; (F) an Indian tribe or other agency primarily serving Indians; (G) a community development corporation; (H) a State or local youth service or conservation corps; and (I) any other entity eligible to provide education or employment training under a Federal program (other than the program carried out under this section). (4) Homeless individual The term homeless individual means a homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6) )) or a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) )). (5) Housing development agency The term housing development agency means any agency of a State or local government, or any private nonprofit organization, that is engaged in providing housing for homeless individuals or low-income families. (6) Income The term income has the meaning given the term in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (7) Indian; indian tribe The terms Indian and Indian tribe have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (8) Low-income family The term low-income family means a family described in section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)). (9) Qualified national nonprofit agency The term qualified national nonprofit agency means a nonprofit agency that— (A) has significant national experience providing services consisting of training, information, technical assistance, and data management to YouthBuild programs or similar projects; and (B) has the capacity to provide those services. (10) Registered apprenticeship program The term registered apprenticeship program means an apprenticeship program— (A) registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ); and (B) that meets such other criteria as may be established by the Secretary under this section. (11) Transitional housing The term transitional housing has the meaning given the term in section 401(29) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360(29) ). (12) YouthBuild program The term YouthBuild program means any program that receives assistance under this section and provides disadvantaged youth with opportunities for employment, education, leadership development, and training through the rehabilitation (which, for purposes of this section, shall include energy efficiency enhancements) or construction of housing for homeless individuals and low-income families, and of public facilities. (c) YouthBuild grants (1) Amounts of grants The Secretary is authorized to make grants to applicants for the purpose of carrying out YouthBuild programs approved under this section. (2) Eligible activities An entity that receives a grant under this subsection shall use the funds made available through the grant to carry out a YouthBuild program, which may include the following activities: (A) Education and workforce investment activities including— (i) work experience and skills training (coordinated, to the maximum extent feasible, with preapprenticeship and registered apprenticeship programs) in the activities described in subparagraphs (B) and (C) related to rehabilitation or construction, and, if approved by the Secretary, in additional in-demand industry sectors or occupations in the region in which the program operates; (ii) occupational skills training; (iii) other paid and unpaid work experiences, including internships and job shadowing; (iv) services and activities designed to meet the educational needs of participants, including— (I) basic skills instruction and remedial education; (II) language instruction educational programs for participants who are English language learners; (III) secondary education services and activities, including tutoring, study skills training, and school dropout prevention and recovery activities, designed to lead to the attainment of a secondary school diploma or its recognized equivalent (including recognized certificates of attendance or similar documents for individuals with disabilities); (IV) counseling and assistance in obtaining postsecondary education and required financial aid; and (V) alternative secondary school services; (v) counseling services and related activities, such as comprehensive guidance and counseling on drug and alcohol abuse and referral; (vi) activities designed to develop employment and leadership skills, which may include community service and peer-centered activities encouraging responsibility and other positive social behaviors, and activities related to youth policy committees that participate in decision-making related to the program; (vii) supportive services and provision of need-based stipends necessary to enable individuals to participate in the program and to assist individuals, for a period not to exceed 12 months after the completion of training, in obtaining or retaining employment, or applying for and transitioning to postsecondary education or training; and (viii) job search and assistance. (B) Supervision and training for participants in the rehabilitation or construction of housing, including residential housing for homeless individuals or low-income families, or transitional housing for homeless individuals, and, if approved by the Secretary, in additional in-demand industry sectors or occupations in the region in which the program operates. (C) Supervision and training for participants— (i) in the rehabilitation or construction of community and other public facilities, except that not more than 15 percent of funds appropriated to carry out this section may be used for such supervision and training; and (ii) if approved by the Secretary, in additional in-demand industry sectors or occupations in the region in which the program operates. (D) Payment of administrative costs of the applicant, including recruitment and selection of participants, except that not more than 10 percent of the amount of assistance provided under this subsection to the grant recipient may be used for such costs. (E) Adult mentoring. (F) Provision of wages, stipends, or benefits to participants in the program. (G) Ongoing training and technical assistance that are related to developing and carrying out the program. (H) Follow-up services. (3) Application (A) Form and procedure To be qualified to receive a grant under this subsection, an eligible entity shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (B) Minimum requirements The Secretary shall require that the application contain, at a minimum— (i) labor market information for the labor market area where the proposed program will be implemented, including both current data (as of the date of submission of the application) and projections on career opportunities in construction and in-demand industry sectors or occupations; (ii) a request for the grant, specifying the amount of the grant requested and its proposed uses; (iii) a description of the applicant and a statement of its qualifications, including a description of the applicant’s relationship with local boards, one-stop operators, local unions, entities carrying out registered apprenticeship programs, other community groups, and employers, and the applicant’s past experience, if any, with rehabilitation or construction of housing or public facilities, and with youth education and employment training programs; (iv) a description of the proposed site for the proposed program; (v) a description of the educational and job training activities, work opportunities, postsecondary education and training opportunities, and other services that will be provided to participants, and how those activities, opportunities, and services will prepare youth for employment in in-demand industry sectors or occupations in the labor market area described in clause (i); (vi) (I) a description of the proposed activities to be undertaken under the grant related to rehabilitation or construction, and, in the case of an applicant requesting approval from the Secretary to also carry out additional activities related to in-demand industry sectors or occupations, a description of such additional proposed activities; and (II) the anticipated schedule for carrying out all activities proposed under subclause (I); (vii) a description of the manner in which eligible youth will be recruited and selected as participants, including a description of arrangements that will be made with local boards, one-stop operators, faith- and community-based organizations, State educational agencies or local educational agencies (including agencies of Indian tribes), public assistance agencies, the courts of jurisdiction, agencies operating shelters for homeless individuals and other agencies that serve youth who are homeless individuals, foster care agencies, and other appropriate public and private agencies; (viii) a description of the special outreach efforts that will be undertaken to recruit eligible young women (including young women with dependent children) as participants; (ix) a description of the specific role of employers in the proposed program, such as their role in developing the proposed program and assisting in service provision and in placement activities; (x) a description of how the proposed program will be coordinated with other Federal, State, and local activities and activities conducted by Indian tribes, such as local workforce investment activities, career and technical education and training programs, adult and language instruction educational programs, activities conducted by public schools, activities conducted by community colleges, national service programs, and other job training provided with funds available under this title; (xi) assurances that there will be a sufficient number of adequately trained supervisory personnel in the proposed program; (xii) a description of the levels of performance to be achieved with respect to the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii); (xiii) a description of the applicant’s relationship with local building trade unions regarding their involvement in training to be provided through the proposed program, the relationship of the proposed program to established registered apprenticeship programs and employers, the ability of the applicant to grant an industry-recognized certificate or certification through the program, and the quality of the program leading to the certificate or certification; (xiv) a description of activities that will be undertaken to develop the leadership skills of participants; (xv) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures, that will be used to ensure fiscal soundness for the proposed program; (xvi) a description of the commitments for any additional resources (in addition to the funds made available through the grant) to be made available to the proposed program from— (I) the applicant; (II) recipients of other Federal, State, or local housing and community development assistance that will sponsor any part of the rehabilitation or construction, operation and maintenance, or other housing and community development activities undertaken as part of the proposed program; or (III) entities carrying out other Federal, State, or local activities or activities conducted by Indian tribes, including career and technical education and training programs, adult and language instruction educational programs, and job training provided with funds available under this title; (xvii) information identifying, and a description of, the financing proposed for any— (I) rehabilitation of the property involved; (II) acquisition of the property; or (III) construction of the property; (xviii) information identifying, and a description of, the entity that will operate and manage the property; (xix) information identifying, and a description of, the data collection systems to be used; (xx) a certification, by a public official responsible for the housing strategy for the State or unit of general local government within which the proposed program is located, that the proposed program is consistent with the housing strategy; and (xxi) a certification that the applicant will comply with the requirements of the Fair Housing Act ( 42 U.S.C. 3601 et seq. ) and will affirmatively further fair housing. (4) Selection criteria For an applicant to be eligible to receive a grant under this subsection, the applicant and the applicant’s proposed program shall meet such selection criteria as the Secretary shall establish under this section, which shall include criteria relating to— (A) the qualifications or potential capabilities of an applicant; (B) an applicant’s potential for developing a successful YouthBuild program; (C) the need for an applicant’s proposed program, as determined by the degree of economic distress of the community from which participants would be recruited (measured by indicators such as poverty, youth unemployment, and the number of individuals who have dropped out of secondary school) and of the community in which the housing and community and public facilities proposed to be rehabilitated or constructed is located (measured by indicators such as incidence of homelessness, shortage of affordable housing, and poverty); (D) the commitment of an applicant to providing skills training, leadership development, and education to participants; (E) the focus of a proposed program on preparing youth for in-demand industry sectors or occupations, or postsecondary education and training opportunities; (F) the extent of an applicant’s coordination of activities to be carried out through the proposed program with local boards, one-stop operators, and one-stop partners participating in the operation of the one-stop delivery system involved, or the extent of the applicant’s good faith efforts in achieving such coordination; (G) the extent of the applicant’s coordination of activities with public education, criminal justice, housing and community development, national service, or postsecondary education or other systems that relate to the goals of the proposed program; (H) the extent of an applicant’s coordination of activities with employers in the local area involved; (I) the extent to which a proposed program provides for inclusion of tenants who were previously homeless individuals in the rental housing provided through the program; (J) the commitment of additional resources (in addition to the funds made available through the grant) to a proposed program by— (i) an applicant; (ii) recipients of other Federal, State, or local housing and community development assistance who will sponsor any part of the rehabilitation or construction, operation and maintenance, or other housing and community development activities undertaken as part of the proposed program; or (iii) entities carrying out other Federal, State, or local activities or activities conducted by Indian tribes, including career and technical education and training programs, adult and language instruction educational programs, and job training provided with funds available under this title; (K) the applicant’s potential to serve different regions, including rural areas and States that have not previously received grants for YouthBuild programs; and (L) such other factors as the Secretary determines to be appropriate for purposes of carrying out the proposed program in an effective and efficient manner. (5) Approval To the extent practicable, the Secretary shall notify each applicant, not later than 5 months after the date of receipt of the application by the Secretary, whether the application is approved or not approved. (d) Use of housing units Residential housing units rehabilitated or constructed using funds made available under subsection (c), shall be available solely— (1) for rental by, or sale to, homeless individuals or low-income families; or (2) for use as transitional or permanent housing, for the purpose of assisting in the movement of homeless individuals to independent living. (e) Additional program requirements (1) Eligible participants (A) In general Except as provided in subparagraph (B), an individual may participate in a YouthBuild program only if such individual is— (i) not less than age 16 and not more than age 24, on the date of enrollment; (ii) a member of a low-income family, a youth in foster care (including youth aging out of foster care), a youth offender, a youth who is an individual with a disability, a child of incarcerated parents, or a migrant youth; and (iii) a school dropout, or an individual who was a school dropout and has subsequently reenrolled. (B) Exception for individuals not meeting income or educational need requirements Not more than 25 percent of the participants in such program may be individuals who do not meet the requirements of clause (ii) or (iii) of subparagraph (A), but who— (i) are basic skills deficient, despite attainment of a secondary school diploma or its recognized equivalent (including recognized certificates of attendance or similar documents for individuals with disabilities); or (ii) have been referred by a local secondary school for participation in a YouthBuild program leading to the attainment of a secondary school diploma. (2) Participation limitation An eligible individual selected for participation in a YouthBuild program shall be offered full-time participation in the program for a period of not less than 6 months and not more than 24 months. (3) Minimum time devoted to educational services and activities A YouthBuild program receiving assistance under subsection (c) shall be structured so that participants in the program are offered— (A) education and related services and activities designed to meet educational needs, such as those specified in clauses (iv) through (vii) of subsection (c)(2)(A), during at least 50 percent of the time during which the participants participate in the program; and (B) work and skill development activities, such as those specified in clauses (i), (ii), (iii), and (viii) of subsection (c)(2)(A), during at least 40 percent of the time during which the participants participate in the program. (4) Authority restriction No provision of this section may be construed to authorize any agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution (including a school) or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system. (5) State and local standards All educational programs and activities supported with funds provided under subsection (c) shall be consistent with applicable State and local educational standards. Standards and procedures for the programs and activities that relate to awarding academic credit for and certifying educational attainment in such programs and activities shall be consistent with applicable State and local educational standards. (f) Levels of performance and indicators (1) In general The Secretary shall annually establish expected levels of performance for YouthBuild programs relating to each of the primary indicators of performance for eligible youth activities described in section 116(b)(2)(A)(ii). (2) Additional indicators The Secretary may establish expected levels of performance for additional indicators for YouthBuild programs, as the Secretary determines appropriate. (g) Management and technical assistance (1) Secretary assistance The Secretary may enter into contracts with 1 or more entities to provide assistance to the Secretary in the management, supervision, and coordination of the program carried out under this section. (2) Technical assistance (A) Contracts and grants The Secretary shall enter into contracts with or make grants to 1 or more qualified national nonprofit agencies, in order to provide training, information, technical assistance, program evaluation, and data management to recipients of grants under subsection (c). (B) Reservation of funds Of the amounts available under subsection (i) to carry out this section for a fiscal year, the Secretary shall reserve 5 percent to carry out subparagraph (A). (3) Capacity building grants (A) In general In each fiscal year, the Secretary may use not more than 3 percent of the amounts available under subsection (i) to award grants to 1 or more qualified national nonprofit agencies to pay for the Federal share of the cost of capacity building activities. (B) Federal share The Federal share of the cost described in subparagraph (A) shall be 25 percent. The non-Federal share shall be provided from private sources. (h) Subgrants and contracts Each recipient of a grant under subsection (c) to carry out a YouthBuild program shall provide the services and activities described in this section directly or through subgrants, contracts, or other arrangements with local educational agencies, institutions of higher education, State or local housing development agencies, other public agencies, including agencies of Indian tribes, or private organizations. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $77,534,000 for fiscal year 2015; (2) $83,523,000 for fiscal year 2016; (3) $85,256,000 for fiscal year 2017; (4) $87,147,000 for fiscal year 2018; (5) $89,196,000 for fiscal year 2019; and (6) $91,087,000 for fiscal year 2020. 172. Authorization of appropriations (a) Native American programs There are authorized to be appropriated to carry out section 166 (not including subsection (k) of such section)— (1) $46,082,000 for fiscal year 2015; (2) $49,641,000 for fiscal year 2016; (3) $50,671,000 for fiscal year 2017; (4) $51,795,000 for fiscal year 2018; (5) $53,013,000 for fiscal year 2019; and (6) $54,137,000 for fiscal year 2020. (b) Migrant and seasonal farmworker programs There are authorized to be appropriated to carry out section 167— (1) $81,896,000 for fiscal year 2015; (2) $88,222,000 for fiscal year 2016; (3) $90,052,000 for fiscal year 2017; (4) $92,050,000 for fiscal year 2018; (5) $94,214,000 for fiscal year 2019; and (6) $96,211,000 for fiscal year 2020. (c) Technical assistance There are authorized to be appropriated to carry out section 168— (1) $3,000,000 for fiscal year 2015; (2) $3,232,000 for fiscal year 2016; (3) $3,299,000 for fiscal year 2017; (4) $3,372,000 for fiscal year 2018; (5) $3,451,000 for fiscal year 2019; and (6) $3,524,000 for fiscal year 2020. (d) Evaluations and research There are authorized to be appropriated to carry out section 169— (1) $91,000,000 for fiscal year 2015; (2) $98,029,000 for fiscal year 2016; (3) $100,063,000 for fiscal year 2017; (4) $102,282,000 for fiscal year 2018; (5) $104,687,000 for fiscal year 2019; and (6) $106,906,000 for fiscal year 2020. (e) Assistance for veterans If, as of the date of enactment of this Act, any unobligated funds appropriated to carry out section 168 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act, remain available, the Secretary of Labor shall continue to use such funds to carry out such section, as in effect on such day, until all of such funds are expended. (f) Assistance for eligible workers If, as of the date of enactment of this Act, any unobligated funds appropriated to carry out subsections (f) and (g) of section 173 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act, remain available, the Secretary of Labor shall continue to use such funds to carry out such subsections, as in effect on such day, until all of such funds are expended. E Administration 181. Requirements and restrictions (a) Benefits (1) Wages (A) In general Individuals in on-the-job training or individuals employed in activities under this title shall be compensated at the same rates, including periodic increases, as trainees or employees who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills, and such rates shall be in accordance with applicable law, but in no event less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or the applicable State or local minimum wage law. (B) Rule of construction The reference in subparagraph (A) to section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) shall not be applicable for individuals in territorial jurisdictions in which section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) does not apply. (2) Treatment of allowances, earnings, and payments Allowances, earnings, and payments to individuals participating in programs under this title shall not be considered as income for the purposes of determining eligibility for and the amount of income transfer and in-kind aid furnished under any Federal or federally assisted program based on need, other than as provided under the Social Security Act ( 42 U.S.C. 301 et seq. ). (b) Labor standards (1) Limitations on activities that impact wages of employees No funds provided under this title shall be used to pay the wages of incumbent employees during their participation in economic development activities provided through a statewide workforce development system. (2) Displacement (A) Prohibition A participant in a program or activity authorized under this title (referred to in this section as a specified activity ) shall not displace (including a partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits) any currently employed employee (as of the date of the participation). (B) Prohibition on impairment of contracts A specified activity shall not impair an existing contract for services or collective bargaining agreement, and no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned. (3) Other prohibitions A participant in a specified activity shall not be employed in a job if— (A) any other individual is on layoff from the same or any substantially equivalent job; (B) the employer has terminated the employment of any regular employee or otherwise reduced the workforce of the employer with the intention of filling the vacancy so created with the participant; or (C) the job is created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals (as of the date of the participation). (4) Health and safety Health and safety standards established under Federal and State law otherwise applicable to working conditions of employees shall be equally applicable to working conditions of participants engaged in specified activities. To the extent that a State workers’ compensation law applies, workers’ compensation shall be provided to participants on the same basis as the compensation is provided to other individuals in the State in similar employment. (5) Employment conditions Individuals in on-the-job training or individuals employed in programs and activities under this title shall be provided benefits and working conditions at the same level and to the same extent as other trainees or employees working a similar length of time and doing the same type of work. (6) Opportunity to submit comments Interested members of the public, including representatives of businesses and of labor organizations, shall be provided an opportunity to submit comments to the Secretary with respect to programs and activities proposed to be funded under subtitle B. (7) No impact on union organizing Each recipient of funds under this title shall provide to the Secretary assurances that none of such funds will be used to assist, promote, or deter union organizing. (c) Grievance procedure (1) In general Each State and local area receiving an allotment or allocation under this title shall establish and maintain a procedure for grievances or complaints alleging violations of the requirements of this title from participants and other interested or affected parties. Such procedure shall include an opportunity for a hearing and be completed within 60 days after the filing of the grievance or complaint. (2) Investigation (A) In general The Secretary shall investigate an allegation of a violation described in paragraph (1) if— (i) a decision relating to such violation has not been reached within 60 days after the date of the filing of the grievance or complaint and either party appeals to the Secretary; or (ii) a decision relating to such violation has been reached within such 60 days and the party to which such decision is adverse appeals such decision to the Secretary. (B) Additional requirement The Secretary shall make a final determination relating to an appeal made under subparagraph (A) no later than 120 days after receiving such appeal. (3) Remedies Remedies that may be imposed under this section for a violation of any requirement of this title shall be limited— (A) to suspension or termination of payments under this title; (B) to prohibition of placement of a participant with an employer that has violated any requirement under this title; (C) where applicable, to reinstatement of an employee, payment of lost wages and benefits, and reestablishment of other relevant terms, conditions, and privileges of employment; and (D) where appropriate, to other equitable relief. (4) Rule of construction Nothing in paragraph (3) shall be construed to prohibit a grievant or complainant from pursuing a remedy authorized under another Federal, State, or local law for a violation of this title. (d) Relocation (1) Prohibition on use of funds to encourage or induce relocation No funds provided under this title shall be used, or proposed for use, to encourage or induce the relocation of a business or part of a business if such relocation would result in a loss of employment for any employee of such business at the original location and such original location is within the United States. (2) Prohibition on use of funds after relocation No funds provided under this title for an employment or training activity shall be used for customized or skill training, on-the-job training, incumbent worker training, transitional employment, or company-specific assessments of job applicants or employees, for any business or part of a business that has relocated, until the date that is 120 days after the date on which such business commences operations at the new location, if the relocation of such business or part of a business results in a loss of employment for any employee of such business at the original location and such original location is within the United States. (3) Repayment If the Secretary determines that a violation of paragraph (1) or (2) has occurred, the Secretary shall require the State that has violated such paragraph (or that has provided funding to an entity that has violated such paragraph) to repay to the United States an amount equal to the amount expended in violation of such paragraph. (e) Limitation on use of funds No funds available to carry out an activity under this title shall be used for employment generating activities, investment in revolving loan funds, capitalization of businesses, investment in contract bidding resource centers, economic development activities, or similar activities, that are not directly related to training for eligible individuals under this title. No funds received to carry out an activity under subtitle B shall be used for foreign travel. (f) Testing and sanctioning for use of controlled substances (1) In general Notwithstanding any other provision of law, a State shall not be prohibited by the Federal Government from— (A) testing participants in programs under subtitle B for the use of controlled substances; and (B) sanctioning such participants who test positive for the use of such controlled substances. (2) Additional requirements (A) Period of sanction In sanctioning participants in a program under subtitle B who test positive for the use of controlled substances— (i) with respect to the first occurrence for which a participant tests positive, a State may exclude the participant from the program for a period not to exceed 6 months; and (ii) with respect to the second occurrence and each subsequent occurrence for which a participant tests positive, a State may exclude the participant from the program for a period not to exceed 2 years. (B) Appeal The testing of participants and the imposition of sanctions under this subsection shall be subject to expeditious appeal in accordance with due process procedures established by the State. (C) Privacy A State shall establish procedures for testing participants for the use of controlled substances that ensure a maximum degree of privacy for the participants. (3) Funding requirement In testing and sanctioning of participants for the use of controlled substances in accordance with this subsection, the only Federal funds that a State may use are the amounts made available for the administration of statewide workforce investment activities under section 134(a)(3)(B). (g) Subgrant authority A recipient of grant funds under this title shall have the authority to enter into subgrants in order to carry out the grant, subject to such conditions as the Secretary may establish. 182. Prompt allocation of funds (a) Allotments based on latest available data All allotments to States and grants to outlying areas under this title shall be based on the latest available data and estimates satisfactory to the Secretary. All data relating to disadvantaged adults and disadvantaged youth shall be based on the most recent satisfactory data from the Bureau of the Census. (b) Publication in Federal register relating to formula funds Whenever the Secretary allots funds required to be allotted under this title, the Secretary shall publish in a timely fashion in the Federal Register the amount proposed to be distributed to each recipient of the funds. (c) Requirement for funds distributed by formula All funds required to be allotted under section 127 or 132 shall be allotted within 45 days after the date of enactment of the Act appropriating the funds, except that, if such funds are appropriated in advance as authorized by section 189(g), such funds shall be allotted or allocated not later than the March 31 preceding the program year for which such funds are to be available for obligation. (d) Publication in Federal register relating to discretionary funds Whenever the Secretary utilizes a formula to allot or allocate funds made available for distribution at the Secretary’s discretion under this title, the Secretary shall, not later than 30 days prior to such allotment or allocation, publish for comment in the Federal Register the formula, the rationale for the formula, and the proposed amounts to be distributed to each State and local area. After consideration of any comments received, the Secretary shall publish final allotments and allocations in the Federal Register. (e) Availability of funds Funds shall be made available under section 128, and funds shall be made available under section 133, for a local area not later than 30 days after the date the funds are made available to the Governor involved, under section 127 or 132 (as the case may be), or 7 days after the date the local plan for the area is approved, whichever is later. 183. Monitoring (a) In general The Secretary is authorized to monitor all recipients of financial assistance under this title to determine whether the recipients are complying with the provisions of this title, including the regulations issued under this title. (b) Investigations The Secretary may investigate any matter the Secretary determines to be necessary to determine the compliance of the recipients with this title, including the regulations issued under this title. The investigations authorized by this subsection may include examining records (including making certified copies of the records), questioning employees, and entering any premises or onto any site in which any part of a program or activity of such a recipient is conducted or in which any of the records of the recipient are kept. (c) Additional requirement For the purpose of any investigation or hearing conducted under this title by the Secretary, the provisions of section 9 of the Federal Trade Commission Act ( 15 U.S.C. 49 ) (relating to the attendance of witnesses and the production of documents) apply to the Secretary, in the same manner and to the same extent as the provisions apply to the Federal Trade Commission. 184. Fiscal controls; sanctions (a) Establishment of fiscal controls by States (1) In general Each State shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursal of, and accounting for, Federal funds allocated to local areas under subtitle B. Such procedures shall ensure that all financial transactions carried out under subtitle B are conducted and records maintained in accordance with generally accepted accounting principles applicable in each State. (2) Cost principles (A) In general Each State (including the Governor of the State), local area (including the chief elected official for the area), and provider receiving funds under this title shall comply with the applicable uniform cost principles included in appropriate circulars or rules of the Office of Management and Budget for the type of entity receiving the funds. (B) Exception The funds made available to a State for administration of statewide workforce investment activities in accordance with section 134(a)(3)(B) shall be allocable to the overall administration of workforce investment activities, but need not be specifically allocable to— (i) the administration of adult employment and training activities; (ii) the administration of dislocated worker employment and training activities; or (iii) the administration of youth workforce investment activities. (3) Uniform administrative requirements (A) In general Each State (including the Governor of the State), local area (including the chief elected official for the area), and provider receiving funds under this title shall comply with the appropriate uniform administrative requirements for grants and agreements applicable for the type of entity receiving the funds, as promulgated in circulars or rules of the Office of Management and Budget. (B) Additional requirement Procurement transactions under this title between local boards and units of State or local governments shall be conducted only on a cost-reimbursable basis. (4) Monitoring Each Governor of a State shall conduct on an annual basis onsite monitoring of each local area within the State to ensure compliance with the uniform administrative requirements referred to in paragraph (3). (5) Action by Governor If the Governor determines that a local area is not in compliance with the uniform administrative requirements referred to in paragraph (3), the Governor shall— (A) require corrective action to secure prompt compliance with the requirements; and (B) impose the sanctions provided under subsection (b) in the event of failure to take the required corrective action. (6) Certification The Governor shall, every 2 years, certify to the Secretary that— (A) the State has implemented the uniform administrative requirements referred to in paragraph (3); (B) the State has monitored local areas to ensure compliance with the uniform administrative requirements as required under paragraph (4); and (C) the State has taken appropriate action to secure compliance with the requirements pursuant to paragraph (5). (7) Action by the Secretary If the Secretary determines that the Governor has not fulfilled the requirements of this subsection, the Secretary shall— (A) require corrective action to secure prompt compliance with the requirements of this subsection; and (B) impose the sanctions provided under subsection (e) in the event of failure of the Governor to take the required appropriate action to secure compliance with the requirements. (b) Substantial violation (1) Action by Governor If, as a result of financial and compliance audits or otherwise, the Governor determines that there is a substantial violation of a specific provision of this title, and corrective action has not been taken, the Governor shall— (A) issue a notice of intent to revoke approval of all or part of the local plan affected; or (B) impose a reorganization plan, which may include— (i) decertifying the local board involved; (ii) prohibiting the use of eligible providers; (iii) selecting an alternative entity to administer the program for the local area involved; (iv) merging the local area into one or more other local areas; or (v) making such other changes as the Secretary or Governor determines to be necessary to secure compliance with the provision. (2) Appeal (A) In general The actions taken by the Governor pursuant to subparagraphs (A) and (B) of paragraph (1) may be appealed to the Secretary and shall not become effective until— (i) the time for appeal has expired; or (ii) the Secretary has issued a decision. (B) Additional requirement The Secretary shall make a final decision under subparagraph (A) not later than 45 days after the receipt of the appeal. (3) Action by the Secretary If the Governor fails to take promptly an action required under paragraph (1), the Secretary shall take such action. (c) Repayment of certain amounts to the United States (1) In general Every recipient of funds under this title shall repay to the United States amounts found not to have been expended in accordance with this title. (2) Offset of repayment amount If the Secretary determines that a State has expended funds received under this title in a manner contrary to the requirements of this title, the Secretary may require repayment by offsetting the amount of such expenditures against any other amount to which the State is or may be entitled under this title, except as provided under subsection (d)(1). (3) Repayment from deduction by State If the Secretary requires a State to repay funds as a result of a determination that a local area of the State has expended funds in a manner contrary to the requirements of this title, the Governor of the State may use an amount deducted under paragraph (4) to repay the funds, except as provided under subsection (e). (4) Deduction by State The Governor may deduct an amount equal to the misexpenditure described in paragraph (3) from subsequent program year (subsequent to the program year for which the determination was made) allocations to the local area from funds reserved for the administrative costs of the local programs involved, as appropriate. (5) Limitations A deduction made by a State as described in paragraph (4) shall not be made until such time as the Governor has taken appropriate corrective action to ensure full compliance with this title within such local area with regard to appropriate expenditures of funds under this title. (d) Repayment of amounts (1) In general Each recipient of funds under this title shall be liable to repay the amounts described in subsection (c)(1), from funds other than funds received under this title, upon a determination by the Secretary that the misexpenditure of the amounts was due to willful disregard of the requirements of this title, gross negligence, failure to observe accepted standards of administration, or a pattern of misexpenditure described in subsection (c)(1). No such determination shall be made under this subsection or subsection (c) until notice and opportunity for a fair hearing have been given to the recipient. (2) Factors in imposing sanctions In determining whether to impose any sanction authorized by this section against a recipient of funds under this title for violations of this title (including applicable regulations) by a subgrantee or contractor of such recipient, the Secretary shall first determine whether such recipient has adequately demonstrated that the recipient has— (A) established and adhered to an appropriate system, for entering into and monitoring subgrant agreements and contracts with subgrantees and contractors, that contains acceptable standards for ensuring accountability; (B) entered into a written subgrant agreement or contract with such a subgrantee or contractor that established clear goals and obligations in unambiguous terms; (C) acted with due diligence to monitor the implementation of the subgrant agreement or contract, including carrying out the appropriate monitoring activities (including audits) at reasonable intervals; and (D) taken prompt and appropriate corrective action upon becoming aware of any evidence of a violation of this title, including regulations issued under this title, by such subgrantee or contractor. (3) Waiver If the Secretary determines that the recipient has demonstrated substantial compliance with the requirements of paragraph (2), the Secretary may waive the imposition of sanctions authorized by this section upon such recipient. The Secretary is authorized to impose any sanction consistent with the provisions of this title and with any applicable Federal or State law directly against any subgrantee or contractor for violation of this title, including regulations issued under this title. (e) Immediate termination or suspension of assistance in emergency situations In emergency situations, if the Secretary determines it is necessary to protect the integrity of the funds or ensure the proper operation of the program or activity involved, the Secretary may immediately terminate or suspend financial assistance, in whole or in part, to the recipient if the recipient is given prompt notice and the opportunity for a subsequent hearing within 30 days after such termination or suspension. The Secretary shall not delegate any of the functions or authority specified in this subsection, other than to an officer whose appointment is required to be made by and with the advice and consent of the Senate. (f) Discrimination against participants If the Secretary determines that any recipient under this title has discharged or in any other manner discriminated against a participant or against any individual in connection with the administration of the program involved, or against any individual because such individual has filed any complaint or instituted or caused to be instituted any proceeding under or related to this title, or has testified or is about to testify in any such proceeding or an investigation under or related to this title, or otherwise unlawfully denied to any individual a benefit to which that individual is entitled under the provisions of this title, including regulations issued under this title, the Secretary shall, within 30 days, take such action or order such corrective measures, as necessary, with respect to the recipient or the aggrieved individual, or both. (g) Remedies The remedies described in this section shall not be considered to be the exclusive remedies available for violations described in this section. 185. Reports; recordkeeping; investigations (a) Recipient recordkeeping and reports (1) In general Recipients of funds under this title shall keep records that are sufficient to permit the preparation of reports required by this title and to permit the tracing of funds to a level of expenditure adequate to ensure that the funds have not been spent unlawfully. (2) Records and reports regarding general performance Every such recipient shall maintain such records and submit such reports, in such form and containing such information, as the Secretary may require regarding the performance of programs and activities carried out under this title. Such records and reports shall be submitted to the Secretary but shall not be required to be submitted more than once each quarter unless specifically requested by Congress or a committee of Congress, in which case an estimate regarding such information may be provided. (3) Maintenance of standardized records In order to allow for the preparation of the reports required under subsection (c), such recipients shall maintain standardized records for all individual participants and provide to the Secretary a sufficient number of such records to provide for an adequate analysis of the records. (4) Availability to the public (A) In general Except as provided in subparagraph (B), records maintained by such recipients pursuant to this subsection shall be made available to the public upon request. (B) Exception Subparagraph (A) shall not apply to— (i) information, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and (ii) trade secrets, or commercial or financial information, that is— (I) obtained from a person; and (II) privileged or confidential. (C) Fees to recover costs Such recipients may charge fees sufficient to recover costs applicable to the processing of requests for records under subparagraph (A). (b) Investigations of use of funds (1) In general (A) Secretary In order to evaluate compliance with the provisions of this title, the Secretary shall conduct, in several States, in each fiscal year, investigations of the use of funds received by recipients under this title. (B) Comptroller general of the United States In order to ensure compliance with the provisions of this title, the Comptroller General of the United States may conduct investigations of the use of funds received under this title by any recipient. (2) Prohibition In conducting any investigation under this title, the Secretary or the Comptroller General of the United States may not request the compilation of any information that the recipient is not otherwise required to compile and that is not readily available to such recipient. (3) Audits (A) In general In carrying out any audit under this title (other than any initial audit survey or any audit investigating possible criminal or fraudulent conduct), either directly or through grant or contract, the Secretary, the Inspector General of the Department of Labor, or the Comptroller General of the United States shall furnish to the State, recipient, or other entity to be audited, advance notification of the overall objectives and purposes of the audit, and any extensive recordkeeping or data requirements to be met, not later than 14 days (or as soon as practicable) prior to the commencement of the audit. (B) Notification requirement If the scope, objectives, or purposes of the audit change substantially during the course of the audit, the entity being audited shall be notified of the change as soon as practicable. (C) Additional requirement The reports on the results of such audits shall cite the law, regulation, policy, or other criteria applicable to any finding contained in the reports. (D) Rule of construction Nothing contained in this title shall be construed so as to be inconsistent with the Inspector General Act of 1978 (5 U.S.C. App.) or government auditing standards issued by the Comptroller General of the United States. (c) Grantee information responsibilities Each State, each local board, and each recipient (other than a subrecipient, subgrantee, or contractor of a recipient) receiving funds under this title— (1) shall make readily accessible such reports concerning its operations and expenditures as shall be prescribed by the Secretary; (2) shall prescribe and maintain comparable management information systems, in accordance with guidelines that shall be prescribed by the Secretary, designed to facilitate the uniform compilation, cross tabulation, and analysis of programmatic, participant, and financial data, on statewide, local area, and other appropriate bases, necessary for reporting, monitoring, and evaluating purposes, including data necessary to comply with section 188; (3) shall monitor the performance of providers in complying with the terms of grants, contracts, or other agreements made pursuant to this title; and (4) shall, to the extent practicable, submit or make available (including through electronic means) any reports, records, plans, or any other data that are required to be submitted or made available, respectively, under this title. (d) Information To be included in reports (1) In general The reports required in subsection (c) shall include information regarding programs and activities carried out under this title pertaining to— (A) the relevant demographic characteristics (including race, ethnicity, sex, and age) and other related information regarding participants; (B) the programs and activities in which participants are enrolled, and the length of time that participants are engaged in such programs and activities; (C) outcomes of the programs and activities for participants, including the occupations of participants, and placement for participants in nontraditional employment; (D) specified costs of the programs and activities; and (E) information necessary to prepare reports to comply with section 188. (2) Additional requirement The Secretary shall ensure that all elements of the information required for the reports described in paragraph (1) are defined and that the information is reported uniformly. (e) Quarterly financial reports (1) In general Each local board in a State shall submit quarterly financial reports to the Governor with respect to programs and activities carried out under this title. Such reports shall include information identifying all program and activity costs by cost category in accordance with generally accepted accounting principles and by year of the appropriation involved. (2) Additional requirement Each State shall submit to the Secretary, and the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, on a quarterly basis, a summary of the reports submitted to the Governor pursuant to paragraph (1). (f) Maintenance of additional records Each State and local board shall maintain records with respect to programs and activities carried out under this title that identify— (1) any income or profits earned, including such income or profits earned by subrecipients; and (2) any costs incurred (such as stand-in costs) that are otherwise allowable except for funding limitations. (g) Cost categories In requiring entities to maintain records of costs by cost category under this title, the Secretary shall require only that the costs be categorized as administrative or programmatic costs. 186. Administrative adjudication (a) In general Whenever any applicant for financial assistance under this title is dissatisfied because the Secretary has made a determination not to award financial assistance in whole or in part to such applicant, the applicant may request a hearing before an administrative law judge of the Department of Labor. A similar hearing may also be requested by any recipient for whom a corrective action has been required or a sanction has been imposed by the Secretary under section 184. (b) Appeal The decision of the administrative law judge shall constitute final action by the Secretary unless, within 20 days after receipt of the decision of the administrative law judge, a party dissatisfied with the decision or any part of the decision has filed exceptions with the Secretary specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically urged during the 20-day period shall be deemed to have been waived. After the 20-day period the decision of the administrative law judge shall become the final decision of the Secretary unless the Secretary, within 30 days after such filing, notifies the parties that the case involved has been accepted for review. (c) Time limit Any case accepted for review by the Secretary under subsection (b) shall be decided within 180 days after such acceptance. If the case is not decided within the 180-day period, the decision of the administrative law judge shall become the final decision of the Secretary at the end of the 180-day period. (d) Additional requirement The provisions of section 187 shall apply to any final action of the Secretary under this section. 187. Judicial review (a) Review (1) Petition With respect to any final order by the Secretary under section 186 by which the Secretary awards, declines to award, or only conditionally awards, financial assistance under this title, or any final order of the Secretary under section 186 with respect to a corrective action or sanction imposed under section 184, any party to a proceeding that resulted in such final order may obtain review of such final order in the United States Court of Appeals having jurisdiction over the applicant for or recipient of the funds involved, by filing a review petition within 30 days after the date of issuance of such final order. (2) Action on petition The clerk of the court shall transmit a copy of the review petition to the Secretary, who shall file the record on which the final order was entered as provided in section 2112 of title 28, United States Code. The filing of a review petition shall not stay the order of the Secretary, unless the court orders a stay. Petitions filed under this subsection shall be heard expeditiously, if possible within 10 days after the date of filing of a reply to the petition. (3) Standard and scope of review No objection to the order of the Secretary shall be considered by the court unless the objection was specifically urged, in a timely manner, before the Secretary. The review shall be limited to questions of law and the findings of fact of the Secretary shall be conclusive if supported by substantial evidence. (b) Judgment The court shall have jurisdiction to make and enter a decree affirming, modifying, or setting aside the order of the Secretary in whole or in part. The judgment of the court regarding the order shall be final, subject to certiorari review by the Supreme Court as provided in section 1254(1) of title 28, United States Code. 188. Nondiscrimination (a) In general (1) Federal financial assistance For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 ( 42 U.S.C. 6101 et seq. ), on the basis of disability under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), on the basis of sex under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), or on the basis of race, color, or national origin under title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), programs and activities funded or otherwise financially assisted in whole or in part under this Act are considered to be programs and activities receiving Federal financial assistance. (2) Prohibition of discrimination regarding participation, benefits, and employment No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with, any such program or activity because of race, color, religion, sex (except as otherwise permitted under title IX of the Education Amendments of 1972), national origin, age, disability, or political affiliation or belief. (3) Prohibition on assistance for facilities for sectarian instruction or religious worship Participants shall not be employed under this title to carry out the construction, operation, or maintenance of any part of any facility that is used or to be used for sectarian instruction or as a place for religious worship (except with respect to the maintenance of a facility that is not primarily or inherently devoted to sectarian instruction or religious worship, in a case in which the organization operating the facility is part of a program or activity providing services to participants). (4) Prohibition on discrimination on basis of participant status No person may discriminate against an individual who is a participant in a program or activity that receives funds under this title, with respect to the terms and conditions affecting, or rights provided to, the individual, solely because of the status of the individual as a participant. (5) Prohibition on discrimination against certain noncitizens Participation in programs and activities or receiving funds under this title shall be available to citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees, asylees, and parolees, and other immigrants authorized by the Attorney General to work in the United States. (b) Action of Secretary Whenever the Secretary finds that a State or other recipient of funds under this title has failed to comply with a provision of law referred to in subsection (a)(1), or with paragraph (2), (3), (4), or (5) of subsection (a), including an applicable regulation prescribed to carry out such provision or paragraph, the Secretary shall notify such State or recipient and shall request that the State or recipient comply. If within a reasonable period of time, not to exceed 60 days, the State or recipient fails or refuses to comply, the Secretary may— (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; or (2) take such other action as may be provided by law. (c) Action of attorney general When a matter is referred to the Attorney General pursuant to subsection (b)(1), or whenever the Attorney General has reason to believe that a State or other recipient of funds under this title is engaged in a pattern or practice of discrimination in violation of a provision of law referred to in subsection (a)(1) or in violation of paragraph (2), (3), (4), or (5) of subsection (a), the Attorney General may bring a civil action in any appropriate district court of the United States for such relief as may be appropriate, including injunctive relief. (d) Job corps For the purposes of this section, Job Corps members shall be considered to be the ultimate beneficiaries of Federal financial assistance. (e) Regulations The Secretary shall issue regulations necessary to implement this section not later than 1 year after the date of enactment of the Workforce Innovation and Opportunity Act. Such regulations shall adopt standards for determining discrimination and procedures for enforcement that are consistent with the Acts referred to in subsection (a)(1), as well as procedures to ensure that complaints filed under this section and such Acts are processed in a manner that avoids duplication of effort. 189. Secretarial administrative authorities and responsibilities (a) In general In accordance with chapter 5 of title 5, United States Code, the Secretary may prescribe rules and regulations to carry out this title, only to the extent necessary to administer and ensure compliance with the requirements of this title. Such rules and regulations may include provisions making adjustments authorized by section 6504 of title 31, United States Code. All such rules and regulations shall be published in the Federal Register at least 30 days prior to their effective dates. Copies of each such rule or regulation shall be transmitted to the appropriate committees of Congress on the date of such publication and shall contain, with respect to each material provision of such rule or regulation, a citation to the particular substantive section of law that is the basis for the provision. (b) Acquisition of certain property and services The Secretary is authorized, in carrying out this title, to accept, purchase, or lease in the name of the Department of Labor, and employ or dispose of in furtherance of the purposes of this title, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise, and to accept voluntary and uncompensated services notwithstanding the provisions of section 1342 of title 31, United States Code. (c) Authority To enter into certain agreements and To make certain expenditures The Secretary may make such grants, enter into such contracts or agreements, establish such procedures, and make such payments, in installments and in advance or by way of reimbursement, or otherwise allocate or expend such funds under this title, as may be necessary to carry out this title, including making expenditures for construction, repairs, and capital improvements, and including making necessary adjustments in payments on account of over-payments or underpayments. (d) Annual report The Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate an annual report regarding the programs and activities funded under this title. The Secretary shall include in such report— (1) a summary of the achievements, failures, and challenges of the programs and activities in meeting the objectives of this title; (2) a summary of major findings from research, evaluations, pilot projects, and experiments conducted under this title in the fiscal year prior to the submission of the report; (3) recommendations for modifications in the programs and activities based on analysis of such findings; and (4) such other recommendations for legislative or administrative action as the Secretary determines to be appropriate. (e) Utilization of services and facilities The Secretary is authorized, in carrying out this title, under the same procedures as are applicable under subsection (c) or to the extent permitted by law other than this title, to accept and use the services and facilities of departments, agencies, and establishments of the United States. The Secretary is also authorized, in carrying out this title, to accept and use the services and facilities of the agencies of any State or political subdivision of a State, with the consent of the State or political subdivision. (f) Obligational authority Notwithstanding any other provision of this title, the Secretary shall have no authority to enter into contracts, grant agreements, or other financial assistance agreements under this title, except to such extent and in such amounts as are provided in advance in appropriations Acts. (g) Program year (1) In general (A) Program year Except as provided in subparagraph (B), appropriations for any fiscal year for programs and activities funded under this title shall be available for obligation only on the basis of a program year. The program year shall begin on July 1 in the fiscal year for which the appropriation is made. (B) Youth workforce investment activities The Secretary may make available for obligation, beginning April 1 of any fiscal year, funds appropriated for such fiscal year to carry out youth workforce investment activities under subtitle B and activities under section 171. (2) Availability (A) In general Funds obligated for any program year for a program or activity funded under subtitle B may be expended by each State receiving such funds during that program year and the 2 succeeding program years. Funds received by local areas from States under subtitle B during a program year may be expended during that program year and the succeeding program year. (B) Certain national activities (i) In general Funds obligated for any program year for any program or activity carried out under section 169 shall remain available until expended. (ii) Incremental funding basis A contract or arrangement entered into under the authority of subsection (a) or (b) of section 169 (relating to evaluations, research projects, studies and reports, and multistate projects), including a long-term, nonseverable services contract, may be funded on an incremental basis with annual appropriations or other available funds. (C) Special rule No amount of the funds obligated for a program year for a program or activity funded under this title shall be deobligated on account of a rate of expenditure that is consistent with a State plan, an operating plan described in section 151, or a plan, grant agreement, contract, application, or other agreement described in subtitle D, as appropriate. (D) Funds for pay-for-performance contract strategies Funds used to carry out pay-for-performance contract strategies by local areas shall remain available until expended. (h) Enforcement of Military Selective Service Act The Secretary shall ensure that each individual participating in any program or activity established under this title, or receiving any assistance or benefit under this title, has not violated section 3 of the Military Selective Service Act ( 50 U.S.C. App. 453 ) by not presenting and submitting to registration as required pursuant to such section. The Director of the Selective Service System shall cooperate with the Secretary to enable the Secretary to carry out this subsection. (i) Waivers (1) Special rule regarding designated areas A State that has enacted, not later than December 31, 1997, a State law providing for the designation of service delivery areas for the delivery of workforce investment activities, may use such areas as local areas under this title, notwithstanding section 106. (2) Special rule regarding sanctions A State that has enacted, not later than December 31, 1997, a State law providing for the sanctioning of such service delivery areas for failure to meet performance accountability measures for workforce investment activities, may use the State law to sanction local areas for failure to meet State performance accountability measures under this title. (3) General waivers of statutory or regulatory requirements (A) General authority Notwithstanding any other provision of law, the Secretary may waive for a State, or a local area in a State, pursuant to a request submitted by the Governor of the State (in consultation with appropriate local elected officials) with a plan that meets the requirements of subparagraph (B)— (i) any of the statutory or regulatory requirements of subtitle A, subtitle B, or this subtitle (except for requirements relating to wage and labor standards, including nondisplacement protections, worker rights, participation and protection of workers and participants, grievance procedures and judicial review, nondiscrimination, allocation of funds to local areas, eligibility of providers or participants, the establishment and functions of local areas and local boards, the funding of infrastructure costs for one-stop centers, and procedures for review and approval of plans, and other requirements relating to the basic purposes of this title); and (ii) any of the statutory or regulatory requirements of sections 8 through 10 of the Wagner-Peyser Act (29 U.S.C. 49g through 49i) (excluding requirements relating to the provision of services to unemployment insurance claimants and veterans, and requirements relating to universal access to basic labor exchange services without cost to jobseekers). (B) Requests A Governor requesting a waiver under subparagraph (A) shall submit a plan to the Secretary to improve the statewide workforce development system that— (i) identifies the statutory or regulatory requirements that are requested to be waived and the goals that the State or local area in the State, as appropriate, intends to achieve as a result of the waiver; (ii) describes the actions that the State or local area, as appropriate, has undertaken to remove State or local statutory or regulatory barriers; (iii) describes the goals of the waiver and the expected programmatic outcomes if the request is granted; (iv) describes the individuals impacted by the waiver; and (v) describes the process used to monitor the progress in implementing such a waiver, and the process by which notice and, in the case of a waiver for a local area, an opportunity to comment on such request has been provided to the local board for the local area for which the waiver is requested. (C) Conditions Not later than 90 days after the date of the original submission of a request for a waiver under subparagraph (A), the Secretary shall provide a waiver under this subsection if and only to the extent that— (i) the Secretary determines that the requirements requested to be waived impede the ability of the State or local area, as appropriate, to implement the plan described in subparagraph (B); and (ii) the State has executed a memorandum of understanding with the Secretary requiring such State to meet, or ensure that the local area for which the waiver is requested meets, agreed-upon outcomes and to implement other appropriate measures to ensure accountability. (D) Expedited determination regarding provision of waivers If the Secretary has approved a waiver of statutory or regulatory requirements for a State or local area pursuant to this subsection, the Secretary shall expedite the determination regarding the provision of that waiver, for another State or local area if such waiver is in accordance with the approved State or local plan, as appropriate. 190. Workforce flexibility plans (a) Plans A State may submit to the Secretary, and the Secretary may approve, a workforce flexibility plan under which the State is authorized to waive, in accordance with the plan— (1) any of the statutory or regulatory requirements applicable under this title to local areas, pursuant to applications for such waivers from the local areas, except for requirements relating to the basic purposes of this title, wage and labor standards, grievance procedures and judicial review, nondiscrimination, eligibility of participants, allocation of funds to local areas, establishment and functions of local areas and local boards, procedures for review and approval of local plans, and worker rights, participation, and protection; (2) any of the statutory or regulatory requirements applicable under sections 8 through 10 of the Wagner-Peyser Act (29 U.S.C. 49g through 49i) to the State (excluding requirements relating to the provision of services to unemployment insurance claimants and veterans, and requirements relating to universal access to basic labor exchange services without cost to jobseekers); and (3) any of the statutory or regulatory requirements applicable under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ) to State agencies on aging with respect to activities carried out using funds allotted under section 506(b) of such Act ( 42 U.S.C. 3056d(b) ), except for requirements relating to the basic purposes of such Act, wage and labor standards, eligibility of participants in the activities, and standards for grant agreements. (b) Content of plans A workforce flexibility plan implemented by a State under subsection (a) shall include descriptions of— (1) (A) the process by which local areas in the State may submit and obtain approval by the State of applications for waivers of requirements applicable under this title; and (B) the requirements described in subparagraph (A) that are likely to be waived by the State under the plan; (2) the requirements applicable under sections 8 through 10 of the Wagner-Peyser Act that are proposed to be waived, if any; (3) the requirements applicable under the Older Americans Act of 1965 that are proposed to be waived, if any; (4) the outcomes to be achieved by the waivers described in paragraphs (1) through (3); and (5) other measures to be taken to ensure appropriate accountability for Federal funds in connection with the waivers. (c) Periods The Secretary may approve a workforce flexibility plan for a period of not more than 5 years. (d) Opportunity for public comments Prior to submitting a workforce flexibility plan to the Secretary for approval, the State shall provide to all interested parties and to the general public adequate notice of and a reasonable opportunity for comment on the waiver requests proposed to be implemented pursuant to such plan. 191. State legislative authority (a) Authority of State legislature Nothing in this title shall be interpreted to preclude the enactment of State legislation providing for the implementation, consistent with the provisions of this title, of the activities assisted under this title. Any funds received by a State under this title shall be subject to appropriation by the State legislature, consistent with the terms and conditions required under this title. (b) Interstate compacts and cooperative agreements In the event that compliance with provisions of this title would be enhanced by compacts and cooperative agreements between States, the consent of Congress is given to States to enter into such compacts and agreements to facilitate such compliance, subject to the approval of the Secretary. 192. Transfer of Federal equity in State employment security agency real property to the States (a) Transfer of Federal equity Notwithstanding any other provision of law, any Federal equity acquired in real property through grants to States awarded under title III of the Social Security Act ( 42 U.S.C. 501 et seq. ) or under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) is transferred to the States that used the grants for the acquisition of such equity. The portion of any real property that is attributable to the Federal equity transferred under this section shall be used to carry out activities authorized under this Act, title III of the Social Security Act, or the Wagner-Peyser Act. Any disposition of such real property shall be carried out in accordance with the procedures prescribed by the Secretary and the portion of the proceeds from the disposition of such real property that is attributable to the Federal equity transferred under this section shall be used to carry out activities authorized under this Act, title III of the Social Security Act, or the Wagner-Peyser Act. (b) Limitation on use A State shall not use funds awarded under this Act, title III of the Social Security Act, or the Wagner-Peyser Act to amortize the costs of real property that is purchased by any State on or after the date of enactment of the Revised Continuing Appropriations Resolution, 2007. 193. Continuation of State activities and policies (a) In general Notwithstanding any other provision of this title, the Secretary may not deny approval of a State plan for a covered State, or an application of a covered State for financial assistance, under this title, or find a covered State (including a State board or Governor), or a local area (including a local board or chief elected official) in a covered State, in violation of a provision of this title, on the basis that— (1) (A) the State proposes to allocate or disburse, allocates, or disburses, within the State, funds made available to the State under section 127 or 132 in accordance with the allocation formula for the type of activities involved, or in accordance with a disbursal procedure or process, used by the State under prior consistent State laws; or (B) a local board in the State proposes to disburse, or disburses, within the local area, funds made available to the State under section 127 or 132 in accordance with a disbursal procedure or process used by a private industry council under prior consistent State law; (2) the State proposes to carry out or carries out a State procedure through which local areas use, as fiscal agents for funds made available to the State under section 127 or 132 and allocated within the State, fiscal agents selected in accordance with a process established under prior consistent State laws; (3) the State proposes to carry out or carries out a State procedure through which the local boards in the State (or the local boards, the chief elected officials in the State, and the Governor) designate or select the one-stop partners and one-stop operators of the statewide system in the State under prior consistent State laws, in lieu of making the designation or certification described in section 121 (regardless of the date the one-stop delivery systems involved have been established); (4) the State proposes to carry out or carries out a State procedure through which the persons responsible for selecting eligible providers for purposes of subtitle B are permitted to determine that a provider shall not be selected to provide both intake services under section 134(c)(2) and training services under section 134(c)(3), under prior consistent State laws; (5) the State proposes to designate or designates a State board, or proposes to assign or assigns functions and roles of the State board (including determining the time periods for development and submission of a State plan required under section 102 or 103), for purposes of subtitle A in accordance with prior consistent State laws; or (6) a local board in the State proposes to use or carry out, uses, or carries out a local plan (including assigning functions and roles of the local board) for purposes of subtitle A in accordance with the authorities and requirements applicable to local plans and private industry councils under prior consistent State laws. (b) Definition In this section: (1) Covered State The term covered State means a State that enacted State laws described in paragraph (2). (2) Prior consistent State laws The term prior consistent State laws means State laws, not inconsistent with the Job Training Partnership Act or any other applicable Federal law, that took effect on September 1, 1993, September 1, 1995, and September 1, 1997. 194. General program requirements Except as otherwise provided in this title, the following conditions apply to all programs under this title: (1) Each program under this title shall provide employment and training opportunities to those who can benefit from, and who are most in need of, such opportunities. In addition, the recipients of Federal funding for programs under this title shall make efforts to develop programs that contribute to occupational development, upward mobility, development of new careers, and opportunities for nontraditional employment. (2) Funds provided under this title shall only be used for activities that are in addition to activities that would otherwise be available in the local area in the absence of such funds. (3) (A) Any local area may enter into an agreement with another local area (including a local area that is a city or county within the same labor market) to pay or share the cost of educating, training, or placing individuals participating in programs assisted under this title, including the provision of supportive services. (B) Such agreement shall be approved by each local board for a local area entering into the agreement and shall be described in the local plan under section 108. (4) On-the-job training contracts under this title, shall not be entered into with employers who have received payments under previous contracts under this Act or the Workforce Investment Act of 1998 and have exhibited a pattern of failing to provide on-the-job training participants with continued long-term employment as regular employees with wages and employment benefits (including health benefits) and working conditions at the same level and to the same extent as other employees working a similar length of time and doing the same type of work. (5) No person or organization may charge an individual a fee for the placement or referral of the individual in or to a workforce investment activity under this title. (6) The Secretary shall not provide financial assistance for any program under this title that involves political activities. (7) (A) Income under any program administered by a public or private nonprofit entity may be retained by such entity only if such income is used to continue to carry out the program. (B) Income subject to the requirements of subparagraph (A) shall include— (i) receipts from goods or services (including conferences) provided as a result of activities funded under this title; (ii) funds provided to a service provider under this title that are in excess of the costs associated with the services provided; and (iii) interest income earned on funds received under this title. (C) For purposes of this paragraph, each entity receiving financial assistance under this title shall maintain records sufficient to determine the amount of such income received and the purposes for which such income is expended. (8) (A) The Secretary shall notify the Governor and the appropriate local board and chief elected official of, and consult with the Governor and such board and official concerning, any activity to be funded by the Secretary under this title within the corresponding State or local area. (B) The Governor shall notify the appropriate local board and chief elected official of, and consult with such board and official concerning, any activity to be funded by the Governor under this title within the corresponding local area. (9) (A) All education programs for youth supported with funds provided under chapter 2 of subtitle B shall be consistent with applicable State and local educational standards. (B) Standards and procedures with respect to awarding academic credit and certifying educational attainment in programs conducted under such chapter shall be consistent with the requirements of applicable State and local law, including regulation. (10) No funds available under this title may be used for public service employment except as specifically authorized under this title. (11) The Federal requirements governing the title, use, and disposition of real property, equipment, and supplies purchased with funds provided under this title shall be the corresponding Federal requirements generally applicable to such items purchased through Federal grants to States and local governments. (12) Nothing in this title shall be construed to provide an individual with an entitlement to a service under this title. (13) Services, facilities, or equipment funded under this title may be used, as appropriate, on a fee-for-service basis, by employers in a local area in order to provide employment and training activities to incumbent workers— (A) when such services, facilities, or equipment are not in use for the provision of services for eligible participants under this title; (B) if such use for incumbent workers would not have an adverse effect on the provision of services to eligible participants under this title; and (C) if the income derived from such fees is used to carry out the programs authorized under this title. (14) Funds provided under this title shall not be used to establish or operate a stand-alone fee-for-service enterprise in a situation in which a private sector employment agency (as defined in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e)) is providing full access to similar or related services in such a manner as to fully meet the identified need. For purposes of this paragraph, such an enterprise does not include a one-stop delivery system described in section 121(e). (15) (A) None of the funds available under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of the annual rate of basic pay prescribed for level II of the Executive Schedule under section 5313 of title 5, United States Code. (B) The limitation described in subparagraph (A) shall not apply to vendors providing goods and services as defined in Office of Management and Budget Circular A–133. In a case in which a State is a recipient of such funds, the State may establish a lower limit than is provided in subparagraph (A) for salaries and bonuses of those receiving salaries and bonuses from a subrecipient of such funds, taking into account factors including the relative cost of living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the Federal programs involved. 195. Restrictions on lobbying activities (a) Publicity restrictions (1) In general No funds provided under this Act shall be used for— (A) publicity or propaganda purposes; or (B) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat— (i) the enactment of legislation before Congress or any State or local legislature or legislative body; or (ii) any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government. (2) Exception Paragraph (1) shall not apply to— (A) normal and recognized executive-legislative relationships; (B) the preparation, distribution, or use of the materials described in paragraph (1)(B) in presentation to Congress or any State or local legislature or legislative body; or (C) such preparation, distribution, or use of such materials in presentation to the executive branch of any State or local government. (b) Salary restrictions (1) In general No funds provided under this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment or issuance of legislation, appropriations, regulations, administrative action, or an Executive order proposed or pending before Congress or any State government, or a State or local legislature or legislative body. (2) Exception Paragraph (1) shall not apply to— (A) normal and recognized executive-legislative relationships; or (B) participation by an agency or officer of a State, local, or tribal government in policymaking and administrative processes within the executive branch of that government. II Adult education and literacy 201. Short title This title may be cited as the Adult Education and Family Literacy Act . 202. Purpose It is the purpose of this title to create a partnership among the Federal Government, States, and localities to provide, on a voluntary basis, adult education and literacy activities, in order to— (1) assist adults to become literate and obtain the knowledge and skills necessary for employment and economic self-sufficiency; (2) assist adults who are parents or family members to obtain the education and skills that— (A) are necessary to becoming full partners in the educational development of their children; and (B) lead to sustainable improvements in the economic opportunities for their family; (3) assist adults in attaining a secondary school diploma and in the transition to postsecondary education and training, including through career pathways; and (4) assist immigrants and other individuals who are English language learners in— (A) improving their— (i) reading, writing, speaking, and comprehension skills in English; and (ii) mathematics skills; and (B) acquiring an understanding of the American system of Government, individual freedom, and the responsibilities of citizenship. 203. Definitions In this title: (1) Adult education The term adult education means academic instruction and education services below the postsecondary level that increase an individual’s ability to— (A) read, write, and speak in English and perform mathematics or other activities necessary for the attainment of a secondary school diploma or its recognized equivalent; (B) transition to postsecondary education and training; and (C) obtain employment. (2) Adult education and literacy activities The term adult education and literacy activities means programs, activities, and services that include adult education, literacy, workplace adult education and literacy activities, family literacy activities, English language acquisition activities, integrated English literacy and civics education, workforce preparation activities, or integrated education and training. (3) Eligible agency The term eligible agency means the sole entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and literacy activities in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively. (4) Eligible individual The term eligible individual means an individual— (A) who has attained 16 years of age; (B) who is not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) is basic skills deficient; (ii) does not have a secondary school diploma or its recognized equivalent, and has not achieved an equivalent level of education; or (iii) is an English language learner. (5) Eligible provider The term eligible provider means an organization that has demonstrated effectiveness in providing adult education and literacy activities that may include — (A) a local educational agency; (B) a community-based organization or faith-based organization; (C) a volunteer literacy organization; (D) an institution of higher education; (E) a public or private nonprofit agency; (F) a library; (G) a public housing authority; (H) a nonprofit institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education and literacy activities to eligible individuals; (I) a consortium or coalition of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H); and (J) a partnership between an employer and an entity described in any of subparagraphs (A) through (I). (6) English language acquisition program The term English language acquisition program means a program of instruction— (A) designed to help eligible individuals who are English language learners achieve competence in reading, writing, speaking, and comprehension of the English language; and (B) that leads to— (i) (I) attainment of a secondary school diploma or its recognized equivalent; and (II) transition to postsecondary education and training; or (ii) employment. (7) English language learner The term English language learner when used with respect to an eligible individual, means an eligible individual who has limited ability in reading, writing, speaking, or comprehending the English language, and— (A) whose native language is a language other than English; or (B) who lives in a family or community environment where a language other than English is the dominant language. (8) Essential components of reading instruction The term essential components of reading instruction has the meaning given the term in section 1208 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6368). (9) Family literacy activities The term family literacy activities means activities that are of sufficient intensity and quality, to make sustainable improvements in the economic prospects for a family and that better enable parents or family members to support their children’s learning needs, and that integrate all of the following activities: (A) Parent or family adult education and literacy activities that lead to readiness for postsecondary education or training, career advancement, and economic self-sufficiency. (B) Interactive literacy activities between parents or family members and their children. (C) Training for parents or family members regarding how to be the primary teacher for their children and full partners in the education of their children. (D) An age-appropriate education to prepare children for success in school and life experiences. (10) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (11) Integrated education and training The term integrated education and training means a service approach that provides adult education and literacy activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement. (12) Integrated english literacy and civics education The term integrated English literacy and civics education means education services provided to English language learners who are adults, including professionals with degrees and credentials in their native countries, that enables such adults to achieve competency in the English language and acquire the basic and more advanced skills needed to function effectively as parents, workers, and citizens in the United States. Such services shall include instruction in literacy and English language acquisition and instruction on the rights and responsibilities of citizenship and civic participation, and may include workforce training. (13) Literacy The term literacy means an individual’s ability to read, write, and speak in English, compute, and solve problems, at levels of proficiency necessary to function on the job, in the family of the individual, and in society. (14) Postsecondary educational institution The term postsecondary educational institution means— (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree; (B) a tribally controlled college or university; or (C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. (15) Secretary The term Secretary means the Secretary of Education. (16) Workplace adult education and literacy activities The term workplace adult education and literacy activities means adult education and literacy activities offered by an eligible provider in collaboration with an employer or employee organization at a workplace or an off-site location that is designed to improve the productivity of the workforce. (17) Workforce preparation activities The term workforce preparation activities means activities, programs, or services designed to help an individual acquire a combination of basic academic skills, critical thinking skills, digital literacy skills, and self-management skills, including competencies in utilizing resources, using information, working with others, understanding systems, and obtaining skills necessary for successful transition into and completion of postsecondary education or training, or employment. 204. Home schools Nothing in this title shall be construed to affect home schools, whether a home school is treated as a home school or a private school under State law, or to compel a parent or family member engaged in home schooling to participate in adult education and literacy activities. 205. Rule of construction regarding postsecondary transition and concurrent enrollment activities Nothing in this title shall be construed to prohibit or discourage the use of funds provided under this title for adult education and literacy activities that help eligible individuals transition to postsecondary education and training or employment, or for concurrent enrollment activities. 206. Authorization of appropriations There are authorized to be appropriated to carry out this title $577,667,000 for fiscal year 2015, $622,286,000 for fiscal year 2016, $635,198,000 for fiscal year 2017, $649,287,000 for fiscal year 2018, $664,552,000 for fiscal year 2019, and $678,640,000 for fiscal year 2020. A Federal provisions 211. Reservation of funds; grants to eligible agencies; allotments (a) Reservation of funds From the sum appropriated under section 206 for a fiscal year, the Secretary— (1) shall reserve 2 percent to carry out section 242, except that the amount so reserved shall not exceed $15,000,000; and (2) shall reserve 12 percent of the amount that remains after reserving funds under paragraph (1) to carry out section 243. (b) Grants to eligible agencies (1) In general From the sum appropriated under section 206 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a unified State plan approved under section 102 or a combined State plan approved under section 103 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g), to enable the eligible agency to carry out the activities assisted under this title. (2) Purpose of grants The Secretary may award a grant under paragraph (1) only if the eligible entity involved agrees to expend the grant for adult education and literacy activities in accordance with the provisions of this title. (c) Allotments (1) Initial allotments From the sum appropriated under section 206 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a unified State plan approved under section 102 or a combined State plan approved under section 103— (A) $100,000, in the case of an eligible agency serving an outlying area; and (B) $250,000, in the case of any other eligible agency. (2) Additional allotments From the sum appropriated under section 206, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sum as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas. (d) Qualifying adult For the purpose of subsection (c)(2), the term qualifying adult means an adult who— (1) is at least 16 years of age; (2) is beyond the age of compulsory school attendance under the law of the State or outlying area; (3) does not have a secondary school diploma or its recognized equivalent; and (4) is not enrolled in secondary school. (e) Special rule (1) In general From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title, as determined by the Secretary. (2) Award basis The Secretary shall award grants pursuant to paragraph (1) on a competitive basis and pursuant to the recommendations from the Pacific Region Educational Laboratory in Honolulu, Hawaii. (3) Termination of eligibility Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title except during the period described in section 3(45). (4) Administrative costs The Secretary may provide not more than 5 percent of the funds made available for grants under this subsection to pay the administrative costs of the Pacific Region Educational Laboratory regarding activities assisted under this subsection. (f) Hold-harmless provisions (1) In general Notwithstanding subsection (c), for fiscal year 2015 and each succeeding fiscal year, no eligible agency shall receive an allotment under this section that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this section. (2) Ratable reduction If for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1) the Secretary shall ratably reduce the payments to all eligible agencies, as necessary. (g) Reallotment The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year. 212. Performance accountability system Programs and activities authorized in this title are subject to the performance accountability provisions described in section 116. B State provisions 221. State administration Each eligible agency shall be responsible for the State or outlying area administration of activities under this title, including— (1) the development, implementation, and monitoring of the relevant components of the unified State plan in section 102 or the combined State plan in section 103; (2) consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title; and (3) coordination and nonduplication with other Federal and State education, training, corrections, public housing, and social service programs. 222. State distribution of funds; matching requirement (a) State distribution of funds Each eligible agency receiving a grant under section 211(b) for a fiscal year— (1) shall use not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 20 percent of such amount shall be available to carry out section 225; (2) shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and (3) shall use not more than 5 percent of the grant funds, or $85,000, whichever is greater, for the administrative expenses of the eligible agency. (b) Matching requirement (1) In general In order to receive a grant from the Secretary under section 211(b) each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and literacy activities for which the grant is awarded, a non-Federal contribution in an amount that is not less than— (A) in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and literacy activities in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and (B) in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and literacy activities in the State. (2) Non-Federal contribution An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and literacy activities in a manner that is consistent with the purpose of this title. 223. State leadership activities (a) Activities (1) Required Each eligible agency shall use funds made available under section 222(a)(2) for the following adult education and literacy activities to develop or enhance the adult education system of the State or outlying area: (A) The alignment of adult education and literacy activities with other core programs and one-stop partners, including eligible providers, to implement the strategy identified in the unified State plan under section 102 or the combined State plan under section 103, including the development of career pathways to provide access to employment and training services for individuals in adult education and literacy activities. (B) The establishment or operation of high quality professional development programs to improve the instruction provided pursuant to local activities required under section 231(b), including instruction incorporating the essential components of reading instruction as such components relate to adults, instruction related to the specific needs of adult learners, instruction provided by volunteers or by personnel of a State or outlying area, and dissemination of information about models and promising practices related to such programs. (C) The provision of technical assistance to eligible providers of adult education and literacy activities receiving funds under this title, including— (i) the development and dissemination of instructional and programmatic practices based on the most rigorous or scientifically valid research available and appropriate, in reading, writing, speaking, mathematics, English language acquisition programs, distance education, and staff training; (ii) the role of eligible providers as a one-stop partner to provide access to employment, education, and training services; and (iii) assistance in the use of technology, including for staff training, to eligible providers, especially the use of technology to improve system efficiencies. (D) The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities and the dissemination of information about models and proven or promising practices within the State. (2) Permissible activities Each eligible agency may use funds made available under section 222(a)(2) for 1 or more of the following adult education and literacy activities: (A) The support of State or regional networks of literacy resource centers. (B) The development and implementation of technology applications, translation technology, or distance education, including professional development to support the use of instructional technology. (C) Developing and disseminating curricula, including curricula incorporating the essential components of reading instruction as such components relate to adults. (D) Developing content and models for integrated education and training and career pathways. (E) The provision of assistance to eligible providers in developing and implementing programs that achieve the objectives of this title and in measuring the progress of those programs in achieving such objectives, including meeting the State adjusted levels of performance described in section 116(b)(3). (F) The development and implementation of a system to assist in the transition from adult education to postsecondary education, including linkages with postsecondary educational institutions or institutions of higher education. (G) Integration of literacy and English language instruction with occupational skill training, including promoting linkages with employers. (H) Activities to promote workplace adult education and literacy activities. (I) Identifying curriculum frameworks and aligning rigorous content standards that— (i) specify what adult learners should know and be able to do in the areas of reading and language arts, mathematics, and English language acquisition; and (ii) take into consideration the following: (I) State adopted academic standards. (II) The current adult skills and literacy assessments used in the State or outlying area. (III) The primary indicators of performance described in section 116. (IV) Standards and academic requirements for enrollment in nonremedial, for-credit courses in postsecondary educational institutions or institutions of higher education supported by the State or outlying area. (V) Where appropriate, the content of occupational and industry skill standards widely used by business and industry in the State or outlying area. (J) Developing and piloting of strategies for improving teacher quality and retention. (K) The development and implementation of programs and services to meet the needs of adult learners with learning disabilities or English language learners, which may include new and promising assessment tools and strategies that are based on scientifically valid research, where appropriate, and identify the needs and capture the gains of such students at the lowest achievement levels. (L) Outreach to instructors, students, and employers. (M) Other activities of statewide significance that promote the purpose of this title. (b) Collaboration In carrying out this section, eligible agencies shall collaborate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a). (c) State-imposed requirements Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area. 224. State plan Each State desiring to receive funds under this title for any fiscal year shall submit and have approved a unified State plan in accordance with section 102 or a combined State plan in accordance with section 103. 225. Programs for corrections education and other institutionalized individuals (a) Program authorized From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals. (b) Uses of funds The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for— (1) adult education and literacy activities; (2) special education, as determined by the eligible agency; (3) secondary school credit; (4) integrated education and training; (5) career pathways; (6) concurrent enrollment; (7) peer tutoring; and (8) transition to re-entry initiatives and other postrelease services with the goal of reducing recidivism. (c) Priority Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program. (d) Report In addition to any report required under section 116, each eligible agency that receives assistance provided under this section shall annually prepare and submit to the Secretary a report on the progress, as described in section 116, of the eligible agency with respect to the programs and activities carried out under this section, including the relative rate of recidivism for the criminal offenders served. (e) Definitions In this section: (1) Correctional institution The term correctional institution means any— (A) prison; (B) jail; (C) reformatory; (D) work farm; (E) detention center; or (F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Criminal offender The term criminal offender means any individual who is charged with or convicted of any criminal offense. C Local provisions 231. Grants and contracts for eligible providers (a) Grants and contracts From grant funds made available under section 222(a)(1), each eligible agency shall award multiyear grants or contracts, on a competitive basis, to eligible providers within the State or outlying area to enable the eligible providers to develop, implement, and improve adult education and literacy activities within the State. (b) Required local activities The eligible agency shall require that each eligible provider receiving a grant or contract under subsection (a) use the grant or contract to establish or operate programs that provide adult education and literacy activities, including programs that provide such activities concurrently. (c) Direct and equitable access; same process Each eligible agency receiving funds under this title shall ensure that— (1) all eligible providers have direct and equitable access to apply and compete for grants or contracts under this section; and (2) the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area. (d) Special rule Each eligible agency awarding a grant or contract under this section shall not use any funds made available under this title for adult education and literacy activities for the purpose of supporting or providing programs, services, or activities for individuals who are not individuals described in subparagraphs (A) and (B) of section 203(4), except that such agency may use such funds for such purpose if such programs, services, or activities are related to family literacy activities. In providing family literacy activities under this title, an eligible provider shall attempt to coordinate with programs and services that are not assisted under this title prior to using funds for adult education and literacy activities under this title for activities other than activities for eligible individuals. (e) Considerations In awarding grants or contracts under this section, the eligible agency shall consider— (1) the degree to which the eligible provider would be responsive to— (A) regional needs as identified in the local plan under section 108; and (B) serving individuals in the community who were identified in such plan as most in need of adult education and literacy activities, including individuals— (i) who have low levels of literacy skills; or (ii) who are English language learners; (2) the ability of the eligible provider to serve eligible individuals with disabilities, including eligible individuals with learning disabilities; (3) past effectiveness of the eligible provider in improving the literacy of eligible individuals, to meet State-adjusted levels of performance for the primary indicators of performance described in section 116, especially with respect to eligible individuals who have low levels of literacy; (4) the extent to which the eligible provider demonstrates alignment between proposed activities and services and the strategy and goals of the local plan under section 108, as well as the activities and services of the one-stop partners; (5) whether the eligible provider’s program— (A) is of sufficient intensity and quality, and based on the most rigorous research available so that participants achieve substantial learning gains; and (B) uses instructional practices that include the essential components of reading instruction; (6) whether the eligible provider’s activities, including whether reading, writing, speaking, mathematics, and English language acquisition instruction delivered by the eligible provider, are based on the best practices derived from the most rigorous research available and appropriate, including scientifically valid research and effective educational practice; (7) whether the eligible provider’s activities effectively use technology, services, and delivery systems, including distance education in a manner sufficient to increase the amount and quality of learning and how such technology, services, and systems lead to improved performance; (8) whether the eligible provider’s activities provide learning in context, including through integrated education and training, so that an individual acquires the skills needed to transition to and complete postsecondary education and training programs, obtain and advance in employment leading to economic self-sufficiency, and to exercise the rights and responsibilities of citizenship; (9) whether the eligible provider’s activities are delivered by well-trained instructors, counselors, and administrators who meet any minimum qualifications established by the State, where applicable, and who have access to high quality professional development, including through electronic means; (10) whether the eligible provider’s activities coordinate with other available education, training, and social service resources in the community, such as by establishing strong links with elementary schools and secondary schools, postsecondary educational institutions, institutions of higher education, local workforce investment boards, one-stop centers, job training programs, and social service agencies, business, industry, labor organizations, community-based organizations, nonprofit organizations, and intermediaries, for the development of career pathways; (11) whether the eligible provider’s activities offer flexible schedules and coordination with Federal, State, and local support services (such as child care, transportation, mental health services, and career planning) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs; (12) whether the eligible provider maintains a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 116) and to monitor program performance; and (13) whether the local areas in which the eligible provider is located have a demonstrated need for additional English language acquisition programs and civics education programs. 232. Local application Each eligible provider desiring a grant or contract from an eligible agency shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including— (1) a description of how funds awarded under this title will be spent consistent with the requirements of this title; (2) a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and literacy activities; (3) a description of how the eligible provider will provide services in alignment with the local plan under section 108, including how such provider will promote concurrent enrollment in programs and activities under title I, as appropriate; (4) a description of how the eligible provider will meet the State adjusted levels of performance described in section 116(b)(3), including how such provider will collect data to report on such performance indicators; (5) a description of how the eligible provider will fulfill one-stop partner responsibilities as described in section 121(b)(1)(A), as appropriate; (6) a description of how the eligible provider will provide services in a manner that meets the needs of eligible individuals; and (7) information that addresses the considerations described under section 231(e), as applicable. 233. Local administrative cost limits (a) In general Subject to subsection (b), of the amount that is made available under this title to an eligible provider— (1) not less than 95 percent shall be expended for carrying out adult education and literacy activities; and (2) the remaining amount, not to exceed 5 percent, shall be used for planning, administration (including carrying out the requirements of section 116), professional development, and the activities described in paragraphs (3) and (5) of section 232. (b) Special rule In cases where the cost limits described in subsection (a) are too restrictive to allow for the activities described in subsection (a)(2), the eligible provider shall negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes. D General provisions 241. Administrative provisions (a) Supplement not supplant Funds made available for adult education and literacy activities under this title shall supplement and not supplant other State or local public funds expended for adult education and literacy activities. (b) Maintenance of effort (1) In general (A) Determination An eligible agency may receive funds under this title for any fiscal year if the Secretary finds that the fiscal effort per student or the aggregate expenditures of such eligible agency for activities under this title, in the second preceding fiscal year, were not less than 90 percent of the fiscal effort per student or the aggregate expenditures of such eligible agency for adult education and literacy activities in the third preceding fiscal year. (B) Proportionate reduction Subject to paragraphs (2), (3), and (4), for any fiscal year with respect to which the Secretary determines under subparagraph (A) that the fiscal effort or the aggregate expenditures of an eligible agency for the preceding program year were less than such effort or expenditures for the second preceding program year, the Secretary— (i) shall determine the percentage decreases in such effort or in such expenditures; and (ii) shall decrease the payment made under this title for such program year to the agency for adult education and literacy activities by the lesser of such percentages. (2) Computation In computing the fiscal effort and aggregate expenditures under paragraph (1), the Secretary shall exclude capital expenditures and special one-time project costs. (3) Decrease in Federal support If the amount made available for adult education and literacy activities under this title for a fiscal year is less than the amount made available for adult education and literacy activities under this title for the preceding fiscal year, then the fiscal effort per student and the aggregate expenditures of an eligible agency required in order to avoid a reduction under paragraph (1)(B) shall be decreased by the same percentage as the percentage decrease in the amount so made available. (4) Waiver The Secretary may waive the requirements of this subsection for not more than 1 fiscal year, if the Secretary determines that a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or an unforeseen and precipitous decline in the financial resources of the State or outlying area of the eligible agency. If the Secretary grants a waiver under the preceding sentence for a fiscal year, the level of effort required under paragraph (1) shall not be reduced in the subsequent fiscal year because of the waiver. 242. National leadership activities (a) In general The Secretary shall establish and carry out a program of national leadership activities to enhance the quality and outcomes of adult education and literacy activities and programs nationwide. (b) Required activities The national leadership activities described in subsection (a) shall include technical assistance, including— (1) assistance to help States meet the requirements of section 116; (2) upon request by a State, assistance provided to eligible providers in using performance accountability measures based on indicators described in section 116, and data systems for the improvement of adult education and literacy activities; (3) carrying out rigorous research and evaluation on effective adult education and literacy activities, as well as estimating the number of adults functioning at the lowest levels of literacy proficiency, which shall be coordinated across relevant Federal agencies, including the Institute of Education Sciences; and (4) carrying out an independent evaluation at least once every 4 years of the programs and activities under this title, taking into consideration the evaluation subjects referred to in section 169(a)(2). (c) Allowable activities The national leadership activities described in subsection (a) may include the following: (1) Technical assistance, including— (A) assistance related to professional development activities, and assistance for the purposes of developing, improving, identifying, and disseminating the most successful methods and techniques for providing adult education and literacy activities, based on scientifically valid research where available; (B) assistance in distance education and promoting and improving the use of technology in the classroom, including instruction in English language acquisition for English language learners; (C) assistance in the development and dissemination of proven models for addressing the digital literacy needs of adults, including older adults; and (D) supporting efforts aimed at strengthening programs at the State and local levels, such as technical assistance in program planning, assessment, evaluation, and monitoring of activities carried out under this title. (2) Funding national leadership activities either directly or through grants, contracts, or cooperative agreements awarded on a competitive basis to or with postsecondary educational institutions, institutions of higher education, public or private organizations or agencies (including public libraries), or consortia of such institutions, organizations, or agencies, which may include— (A) developing, improving, and identifying the most successful methods and techniques for addressing the education needs of adults, including instructional practices using the essential components of reading instruction based on the work of the National Institute of Child Health and Human Development; (B) supporting national, regional, or local networks of private nonprofit organizations, public libraries, or institutions of higher education to strengthen the ability of such networks’ members to meet the performance requirements described in section 116 of eligible providers; (C) increasing the effectiveness, and improving the quality, of adult education and literacy activities, which may include— (i) carrying out rigorous research; (ii) carrying out demonstration programs; (iii) accelerating learning outcomes for eligible individuals with the lowest literacy levels; (iv) developing and promoting career pathways for eligible individuals; (v) promoting concurrent enrollment programs in adult education and credit bearing postsecondary coursework; (vi) developing high-quality professional development activities for eligible providers; and (vii) developing, replicating, and disseminating information on best practices and innovative programs, such as— (I) the identification of effective strategies for working with adults with learning disabilities and with adults who are English language learners; (II) integrated education and training programs; (III) workplace adult education and literacy activities; and (IV) postsecondary education and training transition programs; (D) providing for the conduct of an independent evaluation and assessment of adult education and literacy activities through grants and contracts awarded on a competitive basis, which shall include descriptions of— (i) the effect of performance accountability measures and other measures of accountability on the delivery of adult education and literacy activities; (ii) the extent to which the adult education and literacy activities increase the literacy skills of eligible individuals, lead to involvement in education and training, enhance the employment and earnings of such participants, and, if applicable, lead to other positive outcomes, such as success in re-entry and reductions in recidivism in the case of prison-based adult education and literacy activities; (iii) the extent to which the provision of support services to eligible individuals enrolled in adult education and literacy activities increase the rate of enrollment in, and successful completion of, such programs; and (iv) the extent to which different types of providers measurably improve the skills of eligible individuals in adult education and literacy activities; (E) collecting data, such as data regarding the improvement of both local and State data systems, through technical assistance and development of model performance data collection systems; (F) determining how participation in adult education and literacy activities prepares eligible individuals for entry into postsecondary education and employment and, in the case of programs carried out in correctional institutions, has an effect on recidivism; and (G) other activities designed to enhance the quality of adult education and literacy activities nationwide. 243. Integrated English literacy and civics education (a) In general From funds made available under section 211(a)(2) for each fiscal year, the Secretary shall award grants to States, from allotments under subsection (b), for integrated English literacy and civics education, in combination with integrated education and training activities. (b) Allotment (1) In general Subject to paragraph (2), from amounts made available under section 211(a)(2) for a fiscal year, the Secretary shall allocate— (A) 65 percent to the States on the basis of a State’s need for integrated English literacy and civics education, as determined by calculating each State’s share of a 10-year average of the data of the Office of Immigration Statistics of the Department of Homeland Security for immigrants admitted for legal permanent residence for the 10 most recent years; and (B) 35 percent to the States on the basis of whether the State experienced growth, as measured by the average of the 3 most recent years for which the data of the Office of Immigration Statistics of the Department of Homeland Security for immigrants admitted for legal permanent residence are available. (2) Minimum No State shall receive an allotment under paragraph (1) in an amount that is less than $60,000. (c) Goal Each program that receives funding under this section shall be designed to— (1) prepare adults who are English language learners for, and place such adults in, unsubsidized employment in in-demand industries and occupations that lead to economic self-sufficiency; and (2) integrate with the local workforce development system and its functions to carry out the activities of the program. (d) Report The Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate and make available to the public, a report on the activities carried out under this section. III Amendments to the Wagner-Peyser Act 301. Employment service offices Section 1 of the Wagner-Peyser Act ( 29 U.S.C. 49 ) is amended by inserting service before offices . 302. Definitions Section 2 of the Wagner-Peyser Act ( 29 U.S.C. 49a ) is amended— (1) by striking paragraph (1) and inserting the following: (1) the terms chief elected official , institution of higher education , one-stop center , one-stop partner , training services , workforce development activity , and workplace learning advisor , have the meaning given the terms in section 3 of the Workforce Innovation and Opportunity Act; ; (2) in paragraph (2)— (A) by striking investment board each place it appears and inserting development board ; and (B) by striking section 117 of the Workforce Investment Act of 1998 and inserting section 107 of the Workforce Innovation and Opportunity Act ; (3) in paragraph (3)— (A) by striking 134(c) and inserting 121(e) ; and (B) by striking Workforce Investment Act of 1998 and inserting Workforce Innovation and Opportunity Act ; and (4) in paragraph (4), by striking and at the end; (5) in paragraph (5), by striking the period and inserting ; and ; and (6) by adding at the end the following: (6) the term employment service office means a local office of a State agency; and (7) except in section 15, the term State agency , used without further description, means an agency designated or authorized under section 4. . 303. Federal and State employment service offices (a) Coordination Section 3(a) of the Wagner-Peyser Act ( 29 U.S.C. 49b(a) ) is amended by striking services and inserting service offices . (b) Public labor exchange services system Section 3(c) of the Wagner-Peyser Act ( 29 U.S.C. 49b(c) ) is amended— (1) in paragraph (2), by striking the semicolon and inserting , and identify and disseminate information on best practices for such system; and ; and (2) by adding at the end the following: (4) in coordination with the State agencies and the staff of such agencies, assist in the planning and implementation of activities to enhance the professional development and career advancement opportunities of such staff, in order to strengthen the provision of a broad range of career guidance services, the identification of job openings (including providing intensive outreach to small and medium-sized employers and enhanced employer services), the provision of technical assistance and training to other providers of workforce development activities (including workplace learning advisors) relating to counseling and employment-related services, and the development of new strategies for coordinating counseling and technology. . (c) One-stop centers Section 3 of the Wagner-Peyser Act ( 29 U.S.C. 49b ) is amended by inserting after subsection (c) the following: (d) In order to improve service delivery, avoid duplication of services, and enhance coordination of services, including location of staff to ensure access to services under section 7(a) statewide in underserved areas, employment service offices in each State shall be colocated with one-stop centers. (e) The Secretary, in consultation with States, is authorized to assist the States in the development of national electronic tools that may be used to improve access to workforce information for individuals through— (1) the one-stop delivery systems established as described in section 121(e) of the Workforce Innovation and Opportunity Act; and (2) such other delivery systems as the Secretary determines to be appropriate. . 304. Allotment of sums Section 6 of the Wagner-Peyser Act ( 29 U.S.C. 49e ) is amended— (1) in subsection (a), by striking amounts appropriated pursuant to section 5 and inserting funds appropriated and (except for Guam) certified under section 5 and made available for allotments under this section ; and (2) in subsection (b)(1)— (A) in the matter preceding subparagraph (A)— (i) by inserting before the Secretary the following after making the allotments required by subsection (a), ; and (ii) by striking sums and all that follows through this Act and inserting funds described in subsection (a) ; (B) in each of subparagraphs (A) and (B), by striking sums and inserting remainder ; and (C) by adding at the end the following: For purposes of this paragraph, the term State does not include Guam or the Virgin Islands. . 305. Use of sums (a) Improved coordination Section 7(a)(1) of the Wagner-Peyser Act ( 29 U.S.C. 49f(a)(1) ) is amended by inserting , including unemployment insurance claimants, after seekers . (b) Resources for unemployment insurance claimants Section 7(a)(3) of the Wagner-Peyser Act ( 29 U.S.C. 49f(a)(3) ) is amended— (1) by striking and at the end of subparagraph (E); (2) in subparagraph (F)— (A) by inserting , including making eligibility assessments, after system ; and (B) by striking the period at the end and inserting ; and ; and (3) by inserting after subparagraph (F) the following: (G) providing unemployment insurance claimants with referrals to, and application assistance for, training and education resources and programs, including Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ), educational assistance under chapter 30 of title 38, United States Code (commonly referred to as the Montgomery GI Bill), and chapter 33 of that title (Post-9/11 Veterans Educational Assistance), student assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), State student higher education assistance, and training and education programs provided under titles I and II of the Workforce Innovation and Opportunity Act, and title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ). . (c) State activities Section 7(b) of the Wagner-Peyser Act ( 29 U.S.C. 49f(b) ) is amended— (1) in paragraph (1), by striking performance standards established by the Secretary and inserting the performance accountability measures that are based on indicators described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act ; (2) in paragraph (2), by inserting offices after employment service ; and (3) in paragraph (3), by inserting , and models for enhancing professional development and career advancement opportunities of State agency staff, as described in section 3(c)(4) after subsection (a) . (d) Providing additional funds Subsections (c)(2) and (d) of section 7 of the Wagner-Peyser Act ( 29 U.S.C. 49f ) are amended by striking the Workforce Investment Act of 1998 and inserting the Workforce Innovation and Opportunity Act . (e) Conforming amendment Section 7(e) of the Wagner-Peyser Act ( 29 U.S.C. 49f(e) ) is amended by striking labor employment statistics and inserting workforce and labor market information . 306. State plan Section 8 of the Wagner-Peyser Act ( 29 U.S.C. 49g ) is amended to read as follows: 8. Any State desiring to receive assistance under section 6 shall prepare and submit to, and have approved by, the Secretary and the Secretary of Education, a State plan in accordance with section 102 or 103 of the Workforce Innovation and Opportunity Act. . 307. Performance measures Section 13(a) of the Wagner-Peyser Act ( 29 U.S.C. 49l(a) ) is amended to read as follows: (a) The activities carried out pursuant to section 7 shall be subject to the performance accountability measures that are based on indicators described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act. . 308. Workforce and labor market information system (a) Heading The section heading for section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 ) is amended by striking Employment statistics and inserting Workforce and labor market information system . (b) Name of system Section 15(a)(1) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(a)(1) ) is amended by striking employment statistics system of employment statistics and inserting workforce and labor market information system . (c) System responsibilities Section 15(b) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(b) ) is amended— (1) by striking paragraph (1) and inserting the following: (1) In general (A) Structure The workforce and labor market information system described in subsection (a) shall be evaluated and improved by the Secretary, in consultation with the Workforce Information Advisory Council established in subsection (d). (B) Grants and responsibilities (i) In general The Secretary shall carry out the provisions of this section in a timely manner, through grants to or agreements with States. (ii) Distribution of funds Using amounts appropriated under subsection (g), the Secretary shall provide funds through those grants and agreements. In distributing the funds (relating to workforce and labor market information funding) for fiscal years 2015 through 2020, the Secretary shall continue to distribute the funds to States in the manner in which the Secretary distributed funds to the States under this section for fiscal years 2004 through 2008. ; and (2) by striking paragraph (2) and inserting the following: (2) Duties The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties: (A) Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that the statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions, and that the information is accessible and understandable to users of such data. (B) Actively seek the cooperation of heads of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities. (C) Solicit, receive, and evaluate the recommendations from the Workforce Information Advisory Council established in subsection (d) concerning the evaluation and improvement of the workforce and labor market information system described in subsection (a) and respond in writing to the Council regarding the recommendations. (D) Eliminate gaps and duplication in statistical undertakings. (E) Through the Bureau of Labor Statistics and the Employment and Training Administration, and in collaboration with States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1). (F) Establish procedures for the system to ensure that— (i) such data and information are timely; and (ii) paperwork and reporting for the system are reduced to a minimum. . (d) Two-year plan Section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 ) is amended by striking subsection (c) and inserting the following: (c) Two-year plan The Secretary, acting through the Commissioner of Labor Statistics and the Assistant Secretary for Employment and Training, and in consultation with the Workforce Information Advisory Council described in subsection (d) and heads of other appropriate Federal agencies, shall prepare a 2-year plan for the workforce and labor market information system. The plan shall be developed and implemented in a manner that takes into account the activities described in State plans submitted by States under section 102 or 103 of the Workforce Innovation and Opportunity Act and shall be submitted to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. The plan shall include— (1) a description of how the Secretary will work with the States to manage the nationwide workforce and labor market information system described in subsection (a) and the statewide workforce and labor market information systems that comprise the nationwide system; (2) a description of the steps to be taken in the following 2 years to carry out the duties described in subsection (b)(2); (3) an evaluation of the performance of the system, with particular attention to the improvements needed at the State and local levels; (4) a description of the involvement of States in the development of the plan, through consultation by the Secretary with the Workforce Information Advisory Council in accordance with subsection (d); and (5) a description of the written recommendations received from the Workforce Information Advisory Council established under subsection (d), and the extent to which those recommendations were incorporated into the plan. . (e) Workforce information advisory council Section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 ) is amended by striking subsection (d) and inserting the following: (d) Workforce information advisory council (1) In general The Secretary, through the Commissioner of Labor Statistics and the Assistant Secretary for Employment and Training, shall formally consult at least twice annually with the Workforce Information Advisory Council established in accordance with paragraph (2). Such consultations shall address the evaluation and improvement of the nationwide workforce and labor market information system described in subsection (a) and the statewide workforce and labor market information systems that comprise the nationwide system and how the Department of Labor and the States will cooperate in the management of such systems. The Council shall provide written recommendations to the Secretary concerning the evaluation and improvement of the nationwide system, including any recommendations regarding the 2-year plan described in subsection (c). (2) Establishment of council (A) Establishment The Secretary shall establish an advisory council that shall be known as the Workforce Information Advisory Council (referred to in this section as the Council ) to participate in the consultations and provide the recommendations described in paragraph (1). (B) Membership The Secretary shall appoint the members of the Council, which shall consist of— (i) 4 members who are representatives of lead State agencies with responsibility for workforce investment activities, or State agencies described in section 4, who have been nominated by such agencies or by a national organization that represents such agencies; (ii) 4 members who are representatives of the State workforce and labor market information directors affiliated with the State agencies that perform the duties described in subsection (e)(2), who have been nominated by the directors; (iii) 1 member who is a representative of providers of training services under section 122 of the Workforce Innovation and Opportunity Act; (iv) 1 member who is a representative of economic development entities; (v) 1 member who is a representative of businesses, who has been nominated by national business organizations or trade associations; (vi) 1 member who is a representative of labor organizations, who has been nominated by a national labor federation; (vii) 1 member who is a representative of local workforce development boards, who has been nominated by a national organization representing such boards; and (viii) 1 member who is a representative of research entities that utilize workforce and labor market information. (C) Geographic diversity The Secretary shall ensure that the membership of the Council is geographically diverse and that no 2 of the members appointed under clauses (i), (ii), and (vii) represent the same State. (D) Period of appointment; vacancies (i) In general Each member of the Council shall be appointed for a term of 3 years, except that the initial terms for members may be 1, 2, or 3 years in order to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms. (ii) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (E) Travel expenses The members of the Council shall not receive compensation for the performance of services for the Council, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Council. (F) Permanent council Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. . (f) State responsibilities Section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) ) is amended— (1) by striking employment statistics each place it appears and inserting workforce and labor market information ; (2) in paragraph (1)(A) by striking annual plan and inserting plan described in subsection (c) ; (3) in paragraph (2)— (A) in subparagraph (G), by inserting and at the end; (B) by striking subparagraph (H); (C) in subparagraph (I), by striking section 136(f)(2) of the Workforce Investment Act of 1998 and inserting section 116(i)(2) of the Workforce Innovation and Opportunity Act ; and (D) by redesignating subparagraph (I) as subparagraph (H). (g) Authorization of appropriations Section 15(g) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(g) ) is amended by striking such sums as may be necessary for each of the fiscal years 1999 through 2004 and inserting $60,153,000 for fiscal year 2015, $64,799,000 for fiscal year 2016, $66,144,000 for fiscal year 2017, $67,611,000 for fiscal year 2018, $69,200,000 for fiscal year 2019, and $70,667,000 for fiscal year 2020 . IV Amendments to the Rehabilitation Act of 1973 A Introductory Provisions 401. References Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the amendment or repeal shall be considered to be made to a provision of the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ). 402. Findings, purpose, policy (a) Findings Section 2(a) ( 29 U.S.C. 701(a) ) is amended— (1) in paragraph (4), by striking workforce investment systems under title I of the Workforce Investment Act of 1998 and inserting workforce development systems defined in section 3 of the Workforce Innovation and Opportunity Act ; (2) in paragraph (5), by striking and at the end; (3) in paragraph (6), by striking the period and inserting ; and ; and (4) by adding at the end the following: (7) (A) a high proportion of students with disabilities is leaving secondary education without being employed in competitive integrated employment, or being enrolled in postsecondary education; and (B) there is a substantial need to support such students as they transition from school to postsecondary life. . (b) Purpose Section 2(b) ( 29 U.S.C. 701(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking workforce investment systems implemented in accordance with title I of the Workforce Investment Act of 1998 and inserting workforce development systems defined in section 3 of the Workforce Innovation and Opportunity Act ; and (B) at the end of subparagraph (F), by striking and ; (2) by redesignating paragraph (2) as paragraph (3); (3) by inserting after paragraph (1) the following: (2) to maximize opportunities for individuals with disabilities, including individuals with significant disabilities, for competitive integrated employment; ; (4) in paragraph (3), as redesignated by paragraph (2), by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: (4) to increase employment opportunities and employment outcomes for individuals with disabilities, including through encouraging meaningful input by employers and vocational rehabilitation service providers on successful and prospective employment and placement strategies; and (5) to ensure, to the greatest extent possible, that youth with disabilities and students with disabilities who are transitioning from receipt of special education services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and receipt of services under section 504 of this Act have opportunities for postsecondary success. . 403. Rehabilitation Services Administration Section 3 ( 29 U.S.C. 702 ) is amended— (1) in subsection (a)— (A) in the first sentence, by inserting in the Department of Education after Secretary ; (B) by striking the second sentence and inserting Such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out titles I, III, VI, and chapter 2 of title VII. ; and (C) in the fourth and sixth sentences, by inserting of Education after Secretary the first place it appears; and (2) in subsection (b), by inserting of Education after Secretary . 404. Definitions Section 7 ( 29 U.S.C. 705 ) is amended— (1) in paragraph (2)(B)— (A) in clause (iii), by striking and at the end; (B) in clause (iv), by striking the semicolon and inserting ; and ; and (C) by adding at the end the following: (v) to the maximum extent possible, relies on information obtained from experiences in integrated employment settings in the community, and other integrated community settings; ; (2) by striking paragraphs (3) and (4) and inserting the following: (3) Assistive technology terms (A) Assistive technology The term assistive technology has the meaning given such term in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002). (B) Assistive technology device The term assistive technology device has the meaning given such term in section 3 of the Assistive Technology Act of 1998, except that the reference in such section to the term individuals with disabilities shall be deemed to mean more than 1 individual with a disability as defined in paragraph (20)(A)). (C) Assistive technology service The term assistive technology service has the meaning given such term in section 3 of the Assistive Technology Act of 1998, except that the reference in such section— (i) to the term individual with a disability shall be deemed to mean an individual with a disability, as defined in paragraph (20)(A); and (ii) to the term individuals with disabilities shall be deemed to mean more than 1 such individual. ; (3) by redesignating paragraph (5) as paragraph (4); (4) in paragraph (4), as redesignated by paragraph (3)— (A) by redesignating subparagraphs (O) through (Q) as subparagraphs (P) through (R), respectively; (B) by inserting after subparagraph (N) the following: (O) customized employment; ; and (C) in subparagraph (R), as redesignated by subparagraph (A) of this paragraph, by striking (P) and inserting (Q) ; (5) by inserting before paragraph (6) the following: (5) Competitive integrated employment The term competitive integrated employment means work that is performed on a full-time or part-time basis (including self-employment)— (A) for which an individual— (i) is compensated at a rate that— (I) (aa) shall be not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or the rate specified in the applicable State or local minimum wage law; and (bb) is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; or (II) in the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities, and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and (ii) is eligible for the level of benefits provided to other employees; (B) that is at a location where the employee interacts with other persons who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that individuals who are not individuals with disabilities and who are in comparable positions interact with other persons; and (C) that, as appropriate, presents opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions. ; (6) in paragraph (6)(B), by striking includes and all that follows through fees and inserting includes architects' fees ; (7) by inserting after paragraph (6) the following: (7) Customized employment The term customized employment means competitive integrated employment, for an individual with a significant disability, that is based on an individualized determination of the strengths, needs, and interests of the individual with a significant disability, is designed to meet the specific abilities of the individual with a significant disability and the business needs of the employer, and is carried out through flexible strategies, such as— (A) job exploration by the individual; (B) working with an employer to facilitate placement, including— (i) customizing a job description based on current employer needs or on previously unidentified and unmet employer needs; (ii) developing a set of job duties, a work schedule and job arrangement, and specifics of supervision (including performance evaluation and review), and determining a job location; (iii) representation by a professional chosen by the individual, or self-representation of the individual, in working with an employer to facilitate placement; and (iv) providing services and supports at the job location. ; (8) in paragraph (11)— (A) in subparagraph (C)— (i) by inserting of Education after Secretary ; and (ii) by inserting customized employment, before self-employment, ; (9) in paragraph (12), by inserting of Education after Secretary each place it appears; (10) in paragraph (14)(C), by inserting of Education after Secretary ; (11) in paragraph (17)— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) services that— (i) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the requisite supports and services; (ii) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and (iii) facilitate the transition of youth who are individuals with significant disabilities, who were eligible for individualized education programs under section 614(d) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d) ), and who have completed their secondary education or otherwise left school, to postsecondary life. ; (12) in paragraph (18), by striking term and all that follows through includes— and inserting term independent living services includes— ; (13) in paragraph (19)— (A) in subparagraph (A), by inserting before the period the following: and includes a Native and a descendant of a Native, as such terms are defined in subsections (b) and (r) of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602) ; and (B) in subparagraph (B), by inserting before the period the following: and a tribal organization (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(l) )) ; (14) in paragraph (23), by striking section 101 and inserting section 102 ; (15) by striking paragraph (25) and inserting the following: (25) Local workforce development board The term local workforce development board means a local board, as defined in section 3 of the Workforce Innovation and Opportunity Act. ; (16) by striking paragraph (37); (17) by redesignating paragraphs (29) through (39) as paragraphs (31) through (36), and (38) through (41), respectively; (18) by inserting after paragraph (28) the following: (30) Pre-employment transition services The term pre-employment transition services means services provided in accordance with section 113. ; (19) by striking paragraph (33), as redesignated by paragraph (17), and inserting the following: (33) Secretary Unless where the context otherwise requires, the term Secretary — (A) used in title I, III, IV, V, VI, or chapter 2 of title VII, means the Secretary of Education; and (B) used in title II or chapter 1 of title VII, means the Secretary of Health and Human Services. ; (20) by striking paragraphs (35) and (36), as redesignated by paragraph (17), and inserting the following: (35) State workforce development board The term State workforce development board means a State board, as defined in section 3 of the Workforce Innovation and Opportunity Act. (36) Statewide workforce development system The term statewide workforce development system means a workforce development system, as defined in section 3 of the Workforce Innovation and Opportunity Act. ; (21) by inserting after that paragraph (36) the following: (37) Student with a disability (A) In general The term student with a disability means an individual with a disability who— (i) (I) (aa) is not younger than the earliest age for the provision of transition services under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(A)(i)(VIII) ); or (bb) if the State involved elects to use a lower minimum age for receipt of pre-employment transition services under this Act, is not younger than that minimum age; and (II) (aa) is not older than 21 years of age; or (bb) if the State law for the State provides for a higher maximum age for receipt of services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), is not older than that maximum age; and (ii) (I) is eligible for, and receiving, special education or related services under part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ); or (II) is an individual with a disability, for purposes of section 504. (B) Students with disabilities The term students with disabilities means more than 1 student with a disability. ; (22) by striking paragraphs (38) and (39), as redesignated by paragraph (17), and inserting the following: (38) Supported employment The term supported employment means competitive integrated employment, including customized employment, or employment in an integrated work setting in which individuals are working on a short-term basis toward competitive integrated employment, that is individualized and customized consistent with the strengths, abilities, interests, and informed choice of the individuals involved, for individuals with the most significant disabilities— (A) (i) for whom competitive integrated employment has not historically occurred; or (ii) for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability; and (B) who, because of the nature and severity of their disability, need intensive supported employment services and extended services after the transition described in paragraph (13)(C), in order to perform the work involved. (39) Supported employment services The term supported employment services means ongoing support services, including customized employment, needed to support and maintain an individual with a most significant disability in supported employment, that— (A) are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual to achieve competitive integrated employment; (B) are based on a determination of the needs of an eligible individual, as specified in an individualized plan for employment; and (C) are provided by the designated State unit for a period of not more than 24 months, except that period may be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for employment. ; (23) in paragraph (41), as redesignated by paragraph (17), by striking as defined in section 101 of the Workforce Investment Act of 1998 and inserting as defined in section 3 of the Workforce Innovation and Opportunity Act ; and (24) by inserting after paragraph (41), as redesignated by paragraph (17), the following: (42) Youth with a disability (A) In general The term youth with a disability means an individual with a disability who— (i) is not younger than 14 years of age; and (ii) is not older than 24 years of age. (B) Youth with disabilities The term youth with disabilities means more than 1 youth with a disability. . 405. Administration of the Act (a) Promulgation Section 8(a)(2) ( 29 U.S.C. 706(a)(2) ) is amended by inserting of Education after Secretary . (b) Privacy Section 11 ( 29 U.S.C. 708 ) is amended— (1) by inserting (a) before The provisions ; and (2) by adding at the end the following: (b) Section 501 of the Workforce Innovation and Opportunity Act shall apply, as specified in that section, to amendments to this Act that were made by the Workforce Innovation and Opportunity Act. . (c) Administration Section 12 ( 29 U.S.C. 709 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking (1) and inserting (1)(A) ; and (ii) by adding at the end the following: (B) provide technical assistance to the designated State units on developing successful partnerships with local and multi-State businesses in an effort to increase the employment of individuals with disabilities; (C) provide technical assistance to providers and organizations on developing self-employment opportunities and outcomes for individuals with disabilities; and (D) provide technical assistance to entities carrying out community rehabilitation programs to build their internal capacity to provide individualized services and supports leading to competitive integrated employment, and to transition individuals with disabilities away from nonintegrated settings; ; and (B) in paragraph (2), by striking , centers for independent living, ; (2) in subsection (c), by striking Commissioner the first place it appears and inserting Secretary of Education ; (3) in subsection (d), by inserting of Education after Secretary ; (4) in subsection (e)— (A) by striking Rehabilitation Act Amendments of 1998 each place it appears and inserting Workforce Innovation and Opportunity Act ; and (B) by inserting of Education after Secretary ; (5) in subsection (f), by inserting of Education after Secretary ; (6) (A) in subsection (c), by striking (c) and inserting (c)(1) ; (B) in subsection (d), by striking (d) and inserting (d)(1) ; (C) in subsection (e), by striking (e) and inserting (2) ; (D) in subsection (f), by striking (f) and inserting (2) ; and (E) by moving paragraph (2) (as redesignated by subparagraph (D)) to the end of subsection (c); and (7) by inserting after subsection (d) the following: (e) (1) The Administrator of the Administration for Community Living (referred to in this subsection as the Administrator ) may carry out the authorities and shall carry out the responsibilities of the Commissioner described in paragraphs (1)(A) and (2) through (4) of subsection (a), and subsection (b), except that, for purposes of applying subsections (a) and (b), a reference in those subsections— (A) to facilitating meaningful and effective participation shall be considered to be a reference to facilitating meaningful and effective collaboration with independent living programs, and promoting a philosophy of independent living for individuals with disabilities in community activities; and (B) to training for personnel shall be considered to be a reference to training for the personnel of centers for independent living and Statewide Independent Living Councils. (2) The Secretary of Health and Human Services may carry out the authorities and shall carry out the responsibilities of the Secretary of Education described in subsections (c) and (d). (f) (1) In subsections (a) through (d), a reference to this Act means a provision of this Act that the Secretary of Education has authority to carry out; and (2) In subsection (e), for purposes of applying subsections (a) through (d), a reference in those subsections to this Act means a provision of this Act that the Secretary of Health and Human Services has authority to carry out. . 406. Reports Section 13 ( 29 U.S.C. 710 ) is amended— (1) in section (c)— (A) by striking (c) and inserting (c)(1) ; and (B) in the second sentence, by striking section 136(d) of the Workforce Investment Act of 1998 and inserting section 116(d)(2) of the Workforce Innovation and Opportunity Act ; and (2) by adding at the end the following: (d) The Commissioner shall ensure that the report described in this section is made publicly available in a timely manner, including through electronic means, in order to inform the public about the administration and performance of programs under this Act. . 407. Evaluation and information (a) Evaluation Section 14 ( 29 U.S.C. 711 ) is amended— (1) by inserting of Education after Secretary each place it appears; (2) in subsection (f)(2), by inserting competitive before integrated employment ; (3) (A) in subsection (b), by striking (b) and inserting (b)(1) ; (B) in subsection (c), by striking (c) and inserting (2) ; (C) in subsection (d), by striking (d) and inserting (3) ; and (D) by redesignating subsections (e) and (f) as subsections (c) and (d), respectively; (4) by inserting after subsection (d), as redesignated by paragraph (3)(D), the following: (e) (1) The Secretary of Health and Human Services may carry out the authorities and shall carry out the responsibilities of the Secretary of Education described in subsections (a) and (b). (2) The Administrator of the Administration for Community Living may carry out the authorities and shall carry out the responsibilities of the Commissioner described in subsections (a) and (d)(1), except that, for purposes of applying those subsections, a reference in those subsections to exemplary practices shall be considered to be a reference to exemplary practices concerning independent living services and centers for independent living. (f) (1) In subsections (a) through (d), a reference to this Act means a provision of this Act that the Secretary of Education has authority to carry out; and (2) In subsection (e), for purposes of applying subsections (a), (b), and (d), a reference in those subsections to this Act means a provision of this Act that the Secretary of Health and Human Services has authority to carry out. . (b) Information Section 15 ( 29 U.S.C. 712 ) is amended— (1) in subsection (a)— (A) by inserting of Education after Secretary each place it appears; and (B) in paragraph (1), by striking State workforce investment boards and inserting State workforce development boards ; and (2) in subsection (b), by striking Secretary and inserting Secretary of Education . 408. Carryover Section 19(a)(1) ( 29 U.S.C. 716(a)(1) ) is amended by striking part B of title VI and inserting title VI . 409. Traditionally underserved populations Section 21 ( 29 U.S.C. 718 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in the first sentence, by striking racial and inserting demographic ; (ii) in the second sentence— (I) by striking rate of increase the first place it appears and inserting percentage increase from 2000 to 2010 ; (II) by striking is 3.2 and inserting was 9.7 ; (III) by striking rate of increase and inserting percentage increase ; (IV) by striking is much and inserting was much ; (V) by striking 38.6 and inserting 43.0 ; (VI) by striking 14.6 and inserting 12.3 ; (VII) by striking 40.1 and inserting 43.2 ; and (VIII) by striking and other ethnic groups ; and (iii) by striking the last sentence; and (B) in paragraph (2), by striking the second and third sentences and inserting the following: “In 2011— (A) among Americans ages 16 through 64, the rate of disability was 12.1 percent; (B) among African-Americans in that age range, the disability rate was more than twice as high, at 27.1 percent; and (C) for American Indians and Alaska Natives in the same age range, the disability rate was also more than twice as high, at 27.0 percent. ; (2) in subsection (b)(1), by striking National Institute on Disability and Rehabilitation Research and inserting National Institute on Disability, Independent Living, and Rehabilitation Research ; and (3) in subsection (c), by striking Director and inserting Director of the National Institute on Disability, Independent Living, and Rehabilitation Research . B Vocational rehabilitation services 411. Declaration of policy; authorization of appropriations (a) Findings; purpose; policy Section 100(a) ( 29 U.S.C. 720(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (C), by striking integrated and inserting competitive integrated employment ; (B) in subparagraph (D)(iii), by striking medicare and medicaid and inserting Medicare and Medicaid ; (C) in subparagraph (F), by striking investment and inserting development ; and (D) in subparagraph (G)— (i) by striking workforce investment systems and inserting workforce development systems ; and (ii) by striking workforce investment activities and inserting workforce development activities ; (2) in paragraph (2)— (A) in subparagraph (A), by striking workforce investment system and inserting workforce development system ; and (B) in subparagraph (B), by striking and informed choice, and inserting informed choice, and economic self-sufficiency, ; and (3) in paragraph (3)— (A) in subparagraph (B), by striking gainful employment in integrated settings and inserting competitive integrated employment ; and (B) in subparagraph (E), by inserting should before facilitate . (b) Authorization of appropriations Section 100(b)(1) ( 29 U.S.C. 720(b)(1) ) is amended by striking such sums as may be necessary for fiscal years 1999 through 2003 and inserting $3,302,053,000 for each of the fiscal years 2015 through 2020 . 412. State plans (a) Plan requirements Section 101(a) ( 29 U.S.C. 721(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking to participate and all that follows and inserting to receive funds under this title for a fiscal year, a State shall submit, and have approved by the Secretary and the Secretary of Labor, a unified State plan in accordance with section 102, or a combined State plan in accordance with section 103, of the Workforce Innovation and Opportunity Act. The unified or combined State plan shall include, in the portion of the plan described in section 102(b)(2)(D) of such Act (referred to in this subsection as the vocational rehabilitation services portion ), the provisions of a State plan for vocational rehabilitation services, described in this subsection. ; and (B) in subparagraph (B)— (i) by striking in the State plan for vocational rehabilitation services, and inserting as part of the vocational rehabilitation services portion of the unified or combined State plan submitted in accordance with subparagraph (A), ; and (ii) by striking Rehabilitation Act Amendments of 1998 and inserting Workforce Innovation and Opportunity Act ; and (C) in subparagraph (C)— (i) by striking The State plan shall remain in effect subject to the submission of such modifications and inserting The vocational rehabilitation services portion of the unified or combined State plan submitted in accordance with subparagraph (A) shall remain in effect until the State submits and receives approval of a new State plan in accordance with subparagraph (A), or until the submission of such modifications ; and (ii) by striking , until the State submits and receives approval of a new State plan ; (2) in paragraph (2)— (A) in subparagraph (A), by striking The State plan and inserting The State plan for vocational rehabilitation services ; and (B) in subparagraph (B)(ii)— (i) in subclause (II), by inserting who is responsible for the day-to-day operation of the vocational rehabilitation program before the semicolon; (ii) in subclause (III), by striking and at the end; (iii) in subclause (IV), by striking the period and inserting ; and ; and (iv) by adding at the end the following: (V) has the sole authority and responsibility within the designated State agency described in subparagraph (A) to expend funds made available under this title in a manner that is consistent with the purposes of this title. ; (3) in paragraph (5)— (A) in subparagraph (C), by striking and at the end; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: (D) notwithstanding subparagraph (C), permit the State, in its discretion, to elect to serve eligible individuals (whether or not receiving vocational rehabilitation services) who require specific services or equipment to maintain employment; and ; (4) in paragraph (7)— (A) in subparagraph (A)(v)— (i) in subclause (I), after rehabilitation technology insert the following: , including training implemented in coordination with entities carrying out State programs under section 4 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003 ) ; and (ii) in subclause (II), by striking Rehabilitation Act Amendments of 1998 and inserting Workforce Innovation and Opportunity Act ; and (B) in subparagraph (B), by striking clause (ii) and inserting the following: (ii) the establishment and maintenance of education and experience requirements, to ensure that the personnel have a 21st century understanding of the evolving labor force and the needs of individuals with disabilities, including requirements for— (I) (aa) attainment of a baccalaureate degree in a field of study reasonably related to vocational rehabilitation, to indicate a level of competency and skill demonstrating basic preparation in a field of study such as vocational rehabilitation counseling, social work, psychology, disability studies, business administration, human resources, special education, supported employment, customized employment, economics, or another field that reasonably prepares individuals to work with consumers and employers; and (bb) demonstrated paid or unpaid experience, for not less than 1 year, consisting of— (AA) direct work with individuals with disabilities in a setting such as an independent living center; (BB) direct service or advocacy activities that provide such individual with experience and skills in working with individuals with disabilities; or (CC) direct experience as an employer, as a small business owner or operator, or in self-employment, or other experience in human resources, recruitment, or experience in supervising employees, training, or other activities that provide experience in competitive integrated employment environments; or (II) attainment of a master's or doctoral degree in a field of study such as vocational rehabilitation counseling, law, social work, psychology, disability studies, business administration, human resources, special education, management, public administration, or another field that reasonably provides competence in the employment sector, in a disability field, or in both business-related and rehabilitation-related fields; and ; (5) in paragraph (8)— (A) in subparagraph (A)(i)— (i) by inserting an accommodation or auxiliary aid or service or after prior to providing ; and (ii) by striking (5)(D) and inserting (5)(E) ; (B) in subparagraph (B)— (i) in the matter preceding clause (i)— (I) by striking medicaid and inserting Medicaid ; (II) by striking workforce investment system and inserting workforce development system ; (III) by striking (5)(D) and inserting (5)(E) ; (IV) by inserting and, if appropriate, accommodations or auxiliary aids and services, before that are included ; and (V) by striking provision of such vocational rehabilitation services and inserting provision of such vocational rehabilitation services (including, if appropriate, accommodations or auxiliary aids and services) ; and (ii) in clause (iv)— (I) by striking (5)(D) and inserting (5)(E) ; and (II) by inserting , and accommodations or auxiliary aids and services before the period; and (C) in subparagraph (C)(i), by striking (5)(D) and inserting (5)(E) ; (6) in paragraph (10)— (A) in subparagraph (B), by striking annual and all that follows through of 1998 and inserting annual reporting of information, on eligible individuals receiving the services, that is necessary to assess the State's performance on the standards and indicators described in section 106(a) ; (B) in subparagraph (C)— (i) in the matter preceding clause (i), by inserting , from each State, after additional data ; (ii) by striking clause (i) and inserting: (i) the number of applicants and the number of individuals determined to be eligible or ineligible for the program carried out under this title, including the number of individuals determined to be ineligible (disaggregated by type of disability and age); ; (iii) in clause (ii)— (I) in subclause (I), by striking (5)(D) and inserting (5)(E) ; (II) in subclause (II), by striking and at the end; and (III) by adding at the end the following: (IV) the number of individuals with open cases (disaggregated by those who are receiving training and those who are in postsecondary education), and the type of services the individuals are receiving (including supported employment); (V) the number of students with disabilities who are receiving pre-employment transition services under this title: and (VI) the number of individuals referred to State vocational rehabilitation programs by one-stop operators (as defined in section 3 of the Workforce Innovation and Opportunity Act), and the number of individuals referred to such one-stop operators by State vocational rehabilitation programs; ; and (iv) in clause (iv)(I), by inserting before the semicolon the following: and, for those who achieved employment outcomes, the average length of time to obtain employment ; (C) in subparagraph (D)(i), by striking title I of the Workforce Investment Act of 1998 and inserting title I of the Workforce Innovation and Opportunity Act ; (D) in subparagraph (E)(ii), by striking of the State and all that follows and inserting of the State in meeting the standards and indicators established pursuant to section 106. ; and (E) by adding at the end the following: (G) Rules for reporting of data The disaggregation of data under this Act shall not be required within a category if the number of individuals in a category is insufficient to yield statistically reliable information, or if the results would reveal personally identifiable information about an individual. (H) Comprehensive report The State plan shall specify that the Commissioner will provide an annual comprehensive report that includes the reports and data required under this section, as well as a summary of the reports and data, for each fiscal year. The Commissioner shall submit the report to the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the Senate, not later than 90 days after the end of the fiscal year involved. ; (7) in paragraph (11)— (A) in subparagraph (A)— (i) in the subparagraph header, by striking workforce investment systems and inserting workforce development systems ; (ii) in the matter preceding clause (i), by striking workforce investment system and inserting workforce development system ; (iii) in clause (i)(II)— (I) by striking investment and inserting development ; and (II) by inserting (including programmatic accessibility and physical accessibility) after program accessibility ; (iv) in clause (ii), by striking workforce investment system and inserting workforce development system ; and (v) in clause (v), by striking workforce investment system and inserting workforce development system ; (B) in subparagraph (B), by striking workforce investment system and inserting workforce development system ; (C) in subparagraph (C)— (i) by inserting the State programs carried out under section 4 of the Assistive Technology Act of 1998 (29 U.S.C. 3003), after including ; (ii) by inserting , noneducational agencies serving out-of-school youth, after Agriculture ; and (iii) by striking such agencies and programs and inserting such Federal, State, and local agencies and programs ; and (iv) by striking workforce investment system and inserting workforce development system ; (D) in subparagraph (D)— (i) in the matter preceding clause (i), by inserting , including pre-employment transition services, before under this title ; (ii) in clause (i), by inserting , which may be provided using alternative means for meeting participation (such as video conferences and conference calls), after consultation and technical assistance ; and (iii) in clause (ii), by striking completion and inserting implementation ; (E) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (H), respectively; (F) by inserting after subparagraph (D) the following: (E) Coordination with employers The State plan shall describe how the designated State unit will work with employers to identify competitive integrated employment opportunities and career exploration opportunities, in order to facilitate the provision of— (i) vocational rehabilitation services; and (ii) transition services for youth with disabilities and students with disabilities, such as pre-employment transition services. ; (G) in subparagraph (F), as redesignated by subparagraph (E) of this paragraph— (i) by inserting chapter 1 of after part C of ; and (ii) by inserting , as appropriate before the period; (H) by inserting after subparagraph (F), as redesignated by subparagraph (E) of this paragraph, the following: (G) Cooperative agreement regarding individuals eligible for home and community-based waiver programs The State plan shall include an assurance that the designated State unit has entered into a formal cooperative agreement with the State agency responsible for administering the State Medicaid plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and the State agency with primary responsibility for providing services and supports for individuals with intellectual disabilities and individuals with developmental disabilities, with respect to the delivery of vocational rehabilitation services, including extended services, for individuals with the most significant disabilities who have been determined to be eligible for home and community-based services under a Medicaid waiver, Medicaid State plan amendment, or other authority related to a State Medicaid program. ; (I) in subparagraph (H), as redesignated by subparagraph (E) of this paragraph— (i) in clause (ii)— (I) by inserting on or before near ; and (II) by striking and at the end; (ii) by redesignating clause (iii) as clause (iv); and (iii) by inserting after clause (ii) the following: (iii) strategies for the provision of transition planning, by personnel of the designated State unit, the State educational agency, and the recipient of funds under part C, that will facilitate the development and approval of the individualized plans for employment under section 102; and ; and (J) by adding at the end the following: (I) Coordination with assistive technology programs The State plan shall include an assurance that the designated State unit, and the lead agency and implementing entity (if any) designated by the Governor of the State under section 4 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003 ), have developed working relationships and will enter into agreements for the coordination of their activities, including the referral of individuals with disabilities to programs and activities described in that section. (J) Coordination with ticket to work and self-sufficiency program The State plan shall include an assurance that the designated State unit will coordinate activities with any other State agency that is functioning as an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act ( 42 U.S.C. 1320b–19 ). (K) Interagency cooperation The State plan shall describe how the designated State agency or agencies (if more than 1 agency is designated under paragraph (2)(A)) will collaborate with the State agency responsible for administering the State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), the State agency responsible for providing services for individuals with developmental disabilities, and the State agency responsible for providing mental health services, to develop opportunities for community-based employment in integrated settings, to the greatest extent practicable. ; (8) in paragraph (14)— (A) in the paragraph header, by striking Annual and inserting Semiannual ; (B) in subparagraph (A)— (i) by striking an annual and inserting a semiannual ; (ii) by striking has achieved an employment outcome and inserting is employed ; (iii) by striking achievement of the outcome and all that follows through representative) and inserting beginning of such employment, and annually thereafter ; (iv) by striking to competitive and all that follows and inserting the following: to competitive integrated employment or training for competitive integrated employment; ; (C) in subparagraph (B), by striking and at the end; (D) in subparagraph (C), by striking the individuals described and all that follows and inserting individuals described in subparagraph (A) in attaining competitive integrated employment; and ; and (E) by adding at the end the following: (D) an assurance that the State will report the information generated under subparagraphs (A), (B), and (C), for each of the individuals, to the Administrator of the Wage and Hour Division of the Department of Labor for each fiscal year, not later than 60 days after the end of the fiscal year. ; (9) in paragraph (15)— (A) in subparagraph (A)— (i) in clause (i)— (I) in subclause (II), by striking and at the end; (II) in subclause (III)— (aa) by striking workforce investment system and inserting workforce development system ; and (bb) by adding and at the end; and (III) by adding at the end the following: (IV) youth with disabilities, and students with disabilities, including their need for pre-employment transition services or other transition services; ; (ii) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (iii) by inserting after clause (i) the following: (ii) include an assessment of the needs of individuals with disabilities for transition services and pre-employment transition services, and the extent to which such services provided under this Act are coordinated with transition services provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) in order to meet the needs of individuals with disabilities. ; (B) in subparagraph (B)— (i) in clause (ii)— (I) by striking part B of title VI and inserting title VI ; and (II) by striking and at the end; (ii) by redesignating clause (iii) as clause (iv); and (iii) by inserting after clause (ii) the following: (iii) the number of individuals who are eligible for services under this title, but are not receiving such services due to an order of selection; and ; and (C) in subparagraph (D)— (i) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively; (ii) by inserting after clause (ii) the following: (iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to postsecondary life (including the receipt of vocational rehabilitation services under this title, postsecondary education, employment, and pre-employment transition services); ; and (iii) in clause (vi), as redesignated by clause (i) of this subparagraph, by striking workforce investment system and inserting workforce development system ; (10) in paragraph (20), in subparagraphs (A) and (B)(i), by striking workforce investment system and inserting workforce development system ; (11) in paragraph (22), by striking part B of title VI and inserting title VI ; and (12) by adding at the end the following: (25) Services for students with disabilities The State plan shall provide an assurance that, with respect to students with disabilities, the State— (A) has developed and will implement— (i) strategies to address the needs identified in the assessments described in paragraph (15); and (ii) strategies to achieve the goals and priorities identified by the State, in accordance with paragraph (15), to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis; and (B) has developed and will implement strategies to provide pre-employment transition services. (26) Job growth and development The State plan shall provide an assurance describing how the State will utilize initiatives involving in-demand industry sectors or occupations under sections 106(c) and 108 of the Workforce Innovation and Opportunity Act to increase competitive integrated employment opportunities for individuals with disabilities. . (b) Approval Section 101(b) ( 29 U.S.C. 721(b) ) is amended to read as follows: (b) Submission; approval; modification The State plan for vocational rehabilitation services shall be subject to— (1) subsection (c) of section 102 of the Workforce Innovation and Opportunity Act, in a case in which that plan is a portion of the unified State plan described in that section 102; and (2) subsection (b), and paragraphs (1), (2), and (3) of subsection (c), of section 103 of such Act in a case in which that State plan for vocational rehabilitation services is a portion of the combined State plan described in that section 103. . (c) Construction Section 101 ( 29 U.S.C. 721 ) is amended by adding at the end the following: (c) Construction Nothing in this part shall be construed to reduce the obligation under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) of a local educational agency or any other agency to provide or pay for any transition services that are also considered special education or related services and that are necessary for ensuring a free appropriate public education to children with disabilities within the State involved. . 413. Eligibility and individualized plan for employment (a) Eligibility Section 102(a) ( 29 U.S.C. 722(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking is an and inserting has undergone an assessment for determining eligibility and vocational rehabilitation needs and as a result has been determined to be an ; (B) in subparagraph (B), by striking or regain employment. and inserting advance in, or regain employment that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. ; and (C) by adding at the end the following: For purposes of an assessment for determining eligibility and vocational rehabilitation needs under this Act, an individual shall be presumed to have a goal of an employment outcome. ; (2) in paragraph (2)— (A) in subparagraph (A)— (i) in the subparagraph header, by striking Demonstration and inserting Applicants ; and (ii) by striking , unless and all that follows and inserting a period; and (B) in subparagraph (B)— (i) in the subparagraph header, by striking Methods and inserting Responsibilities ; (ii) in the first sentence— (I) by striking In making the demonstration required under subparagraph (A), and inserting Prior to determining under this subsection that an applicant described in subparagraph (A) is unable to benefit due to the severity of the individual's disability or that the individual is ineligible for vocational rehabilitation services, ; and (II) by striking , except under and all that follows and inserting a period; and (iii) in the second sentence, by striking individual or to determine and all that follows and inserting individual. In providing the trial experiences, the designated State unit shall provide the individual with the opportunity to try different employment experiences, including supported employment, and the opportunity to become employed in competitive integrated employment. ; (3) in paragraph (3)(A)(ii), by striking outcome from and all that follows and inserting outcome due to the severity of the individual's disability (as of the date of the determination). ; and (4) in paragraph (5)— (A) in the matter preceding subparagraph (A)— (i) by striking If an individual and inserting If, after the designated State unit carries out the activities described in paragraph (2)(B), a review of existing data, and, to the extent necessary, the assessment activities described in section 7(2)(A)(ii), an individual ; and (ii) by striking title is determined and all that follows through not to be and inserting title is determined not to be ; (B) by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively; (C) by inserting before subparagraph (B), as redesignated by subparagraph (B) of this paragraph, the following: (A) the ineligibility determination shall be an individualized one, based on the available data, and shall not be based on assumptions about broad categories of disabilities; ; and (D) in clause (i) of subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by inserting after determination the following: , including the clear and convincing evidence that forms the basis for the determination of ineligibility . (b) Development of an individualized plan for employment, and related information Section 102(b) ( 29 U.S.C. 722(b) ) is amended— (1) in paragraph (1)(A)— (A) by striking , to the extent determined to be appropriate by the eligible individual, ; and (B) by inserting or, as appropriate, a disability advocacy organization after counselor ; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (3) by inserting after paragraph (1) the following: (2) Individuals desiring to enter the workforce For an individual entitled to benefits under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) on the basis of a disability or blindness, the designated State unit shall provide to the individual general information on additional supports and assistance for individuals with disabilities desiring to enter the workforce, including assistance with benefits planning. ; (4) in paragraph (3), as redesignated by paragraph (2) of this subsection— (A) in subparagraph (E)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iii) amended, as necessary, to include the postemployment services and service providers that are necessary for the individual to maintain or regain employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. ; and (B) by adding at the end the following: (F) Timeframe for completing the individualized plan for employment The individualized plan for employment shall be developed as soon as possible, but not later than a deadline of 90 days after the date of the determination of eligibility described in paragraph (1), unless the designated State unit and the eligible individual agree to an extension of that deadline to a specific date by which the individualized plan for employment shall be completed. ; and (5) in paragraph (4), as redesignated by paragraph (2) of this subsection— (A) in subparagraph (A), by striking choice of the and all that follows and inserting choice of the eligible individual, consistent with the general goal of competitive integrated employment (except that in the case of an eligible individual who is a student, the description may be a description of the student's projected postschool employment outcome); ; (B) in subparagraph (B)(i)— (i) by redesignating subclause (II) as subclause (III); and (ii) by striking subclause (I) and inserting the following: (I) needed to achieve the employment outcome, including, as appropriate— (aa) the provision of assistive technology devices and assistive technology services (including referrals described in section 103(a)(3) to the device reutilization programs and demonstrations described in subparagraphs (B) and (D) of section 4(e)(2) of the Assistive Technology Act of 1998 (29 U.S.C. 3003(e)(2)) through agreements developed under section 101(a)(11)(I); and (bb) personal assistance services (including training in the management of such services); (II) in the case of a plan for an eligible individual that is a student, the specific transition services and supports needed to achieve the student's employment outcome or projected postschool employment outcome; and ; (C) in subparagraph (F), by striking and at the end; (D) in subparagraph (G), by striking the period and inserting ; and ; and (E) by adding at the end the following: (H) for an individual who also is receiving assistance from an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act ( 42 U.S.C. 1320b–19 ), a description of how responsibility for service delivery will be divided between the employment network and the designated State unit. . (c) Procedures Section 102(c) ( 29 U.S.C. 722(c) ) is amended— (1) in paragraph (1), by adding at the end the following: The procedures shall allow an applicant or an eligible individual the opportunity to request mediation, an impartial due process hearing, or both procedures. ; (2) in paragraph (2)(A)— (A) in clause (ii), by striking and at the end; (B) in clause (iii), by striking the period and inserting ; and ; and (C) by adding at the end the following: (iv) any applicable State limit on the time by which a request for mediation under paragraph (4) or a hearing under paragraph (5) shall be made, and any required procedure by which the request shall be made. ; and (3) in paragraph (5)— (A) by striking subparagraph (A) and inserting the following: (A) Officer A due process hearing described in paragraph (2) shall be conducted by an impartial hearing officer who, on reviewing the evidence presented, shall issue a written decision based on the provisions of the approved State plan, requirements specified in this Act (including regulations implementing this Act), and State regulations and policies that are consistent with the Federal requirements specified in this title. The officer shall provide the written decision to the applicant or eligible individual, or, as appropriate, the applicant’s representative or individual’s representative, and to the designated State unit. The impartial hearing officer shall have the authority to render a decision and require actions regarding the applicant's or eligible individual's vocational rehabilitation services under this title. ; and (B) in subparagraph (B), by striking in laws and inserting about Federal laws . 414. Vocational rehabilitation services Section 103 ( 29 U.S.C. 723 ) is amended— (1) in subsection (a)— (A) in paragraph (13), by striking workforce investment system and inserting workforce development system ; (B) by striking paragraph (15) and inserting the following: (15) transition services for students with disabilities, that facilitate the transition from school to postsecondary life, such as achievement of an employment outcome in competitive integrated employment, or pre-employment transition services; ; (C) by redesignating paragraphs (17) and (18) as paragraphs (19) and (20), respectively; and (D) by inserting after paragraph (16) the following: (17) customized employment; (18) encouraging qualified individuals who are eligible to receive services under this title to pursue advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business; . (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking (A) ; and (II) by striking the second sentence and inserting Such programs shall be used to provide services described in this section that promote integration into the community and that prepare individuals with disabilities for competitive integrated employment, including supported employment and customized employment. ; and (ii) by striking subparagraph (B); (B) by striking paragraph (5) and inserting the following: (5) Technical assistance to businesses that are seeking to employ individuals with disabilities. ; and (C) by striking paragraph (6) and inserting the following: (6) Consultation and technical assistance services to assist State educational agencies and local educational agencies in planning for the transition of students with disabilities from school to postsecondary life, including employment. (7) Transition services to youth with disabilities and students with disabilities, for which a vocational rehabilitation counselor works in concert with educational agencies, providers of job training programs, providers of services under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), entities designated by the State to provide services for individuals with developmental disabilities, centers for independent living (as defined in section 702), housing and transportation authorities, workforce development systems, and businesses and employers. (8) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) to promote access to assistive technology for individuals with disabilities and employers. (9) Support (including, as appropriate, tuition) for advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business, provided after an individual eligible to receive services under this title, demonstrates— (A) such eligibility; (B) previous completion of a bachelor's degree program at an institution of higher education or scheduled completion of such degree program prior to matriculating in the program for which the individual proposes to use the support; and (C) acceptance by a program at an institution of higher education in the United States that confers a master’s degree in a science, technology, engineering, or mathematics (including computer science) field, a juris doctor degree, a master of business administration degree, or a doctor of medicine degree, except that the limitations of subsection (a)(5) that apply to training services shall apply to support described in this paragraph, and nothing in this paragraph shall prevent any designated State unit from providing similar support to individuals with disabilities within the State who are eligible to receive support under this title and who are not served under this paragraph. . 415. State Rehabilitation Council Section 105 ( 29 U.S.C. 725 ) is amended— (1) in subsection (b)(1)(A)— (A) by striking clause (ix) and inserting the following: (ix) in a State in which one or more projects are funded under section 121, at least one representative of the directors of the projects located in such State; ; and (B) in clause (xi), by striking State workforce investment board and inserting State workforce development board ; and (2) in subsection (c)— (A) in the matter preceding paragraph (1), by striking State workforce investment board and inserting State workforce development board ; and (B) in paragraph (6), by striking Service Act and all that follows and inserting Service Act ( 42 U.S.C. 300x–3(a) ) and the State workforce development board, and with the activities of entities carrying out programs under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ); . 416. Evaluation standards and performance indicators Section 106 ( 29 U.S.C. 726 ) is amended— (1) by striking subsection (a) and inserting the following: (a) In general (1) Standards and indicators The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this title shall be subject to the performance accountability provisions described in section 116(b) of the Workforce Innovation and Opportunity Act. (2) Additional performance accountability indicators A State may establish and provide information on additional performance accountability indicators, which shall be identified in the State plan submitted under section 101. ; and (2) in subsection (b)(2)(B)(i), by striking review the program and all that follows through request the State and inserting on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State . 417. Monitoring and review (a) In general Section 107 ( 29 U.S.C. 727 ) is amended— (1) in subsection (a)— (A) in paragraph (3)(E), by inserting before the period the following: , including personnel of a client assistance program under section 112, and past or current recipients of vocational rehabilitation services ; and (B) in paragraph (4)— (i) by striking subparagraphs (A) and (B) and inserting the following: (A) the eligibility process, including the process related to the determination of ineligibility under section 102(a)(5); (B) the provision of services, including supported employment services and pre-employment transition services, and, if applicable, the order of selection; ; (ii) in subparagraph (C), by striking and at the end; (iii) by redesignating subparagraph (D) as subparagraph (E); and (iv) by inserting after subparagraph (C) the following: (D) data reported under section 101(a)(10)(C)(i); and ; and (2) in subsection (b)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period and inserting ; and ; and (C) by adding at the end the following: (3) provide technical assistance to programs under this title to— (A) promote high-quality employment outcomes for individuals with disabilities; (B) integrate veterans who are individuals with disabilities into their communities and to support the veterans to obtain and retain competitive integrated employment; (C) develop, improve, and disseminate information on procedures, practices, and strategies, including for the preparation of personnel, to better enable individuals with intellectual disabilities and other individuals with disabilities to participate in postsecondary educational experiences and to obtain and retain competitive integrated employment; and (D) apply evidence-based findings to facilitate systemic improvements in the transition of youth with disabilities to postsecondary life. . (b) Technical amendment Section 108(a) ( 29 U.S.C. 728(a) ) is amended by striking part B of title VI and inserting title VI . 418. Training and services for employers Section 109 ( 29 U.S.C. 728a ) is amended to read as follows: 109. Training and services for employers A State may expend payments received under section 111 to educate and provide services to employers who have hired or are interested in hiring individuals with disabilities under programs carried out under this title, including— (1) providing training and technical assistance to employers regarding the employment of individuals with disabilities, including disability awareness, and the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) and other employment-related laws; (2) working with employers to— (A) provide opportunities for work-based learning experiences (including internships, short-term employment, apprenticeships, and fellowships), and opportunities for pre-employment transition services; (B) recruit qualified applicants who are individuals with disabilities; (C) train employees who are individuals with disabilities; and (D) promote awareness of disability-related obstacles to continued employment; (3) providing consultation, technical assistance, and support to employers on workplace accommodations, assistive technology, and facilities and workplace access through collaboration with community partners and employers, across States and nationally, to enable the employers to recruit, job match, hire, and retain qualified individuals with disabilities who are recipients of vocational rehabilitation services under this title, or who are applicants for such services; and (4) assisting employers with utilizing available financial support for hiring or accommodating individuals with disabilities. . 419. State allotments Section 110 ( 29 U.S.C. 730 ) is amended— (1) in subsection (a)(1), by striking Subject to the provisions of subsection (c) and inserting Subject to the provisions of subsections (c) and (d), ; (2) in subsection (c)— (A) in paragraph (1), by striking 1987 and inserting 2015 ; and (B) in paragraph (2)— (i) by striking Secretary and all that follows through (B) and inserting Secretary, ; and (ii) by striking 2000 through 2003 and inserting 2015 through 2020 ; and (3) by adding at the end the following: (d) (1) From any State allotment under subsection (a) for a fiscal year, the State shall reserve not less than 15 percent of the allotted funds for the provision of pre-employment transition services. (2) Such reserved funds shall not be used to pay for the administrative costs of providing pre-employment transition services. . 420. Payments to States Section 111(a)(2)(B) ( 29 U.S.C. 731(a)(2)(B) ) is amended— (1) by striking For fiscal year 1994 and each fiscal year thereafter, the and inserting The ; (2) by striking this title for the previous and inserting this title for any previous ; and (3) by striking year preceding the previous and inserting year preceding that previous . 421. Client assistance program Section 112 ( 29 U.S.C. 732 ) is amended— (1) in subsection (a), in the first sentence, by inserting including under sections 113 and 511, after all available benefits under this Act, ; (2) in subsection (b), by striking not later than October 1, 1984, ; (3) in subsection (e)(1)— (A) in subparagraph (A), by striking The Secretary shall allot and inserting After reserving funds under subparagraphs (E) and (F), the Secretary shall allot the remainder of ; and (B) by adding at the end the following: (E) (i) The Secretary shall reserve funds appropriated under subsection (h) to make a grant to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. The amount of such a grant shall be the same amount as is provided to a territory under this subsection. (ii) In this subparagraph: (I) The term American Indian Consortium has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (II) The term protection and advocacy system means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.). (F) For any fiscal year for which the amount appropriated under subsection (h) equals or exceeds $14,000,000, the Secretary may reserve not less than 1.8 percent and not more than 2.2 percent of such amount to provide a grant for training and technical assistance for the programs established under this section. Such training and technical assistance shall be coordinated with activities provided under section 509(c)(1)(A). ; and (4) by striking subsection (h) and inserting the following: (h) There are authorized to be appropriated to carry out the provisions of this section— (1) $12,000,000 for fiscal year 2015; (2) $12,927,000 for fiscal year 2016; (3) $13,195,000 for fiscal year 2017; (4) $13,488,000 for fiscal year 2018; (5) $13,805,000 for fiscal year 2019; and (6) $14,098,000 for fiscal year 2020. . 422. Pre-employment transition services Part B of title I ( 29 U.S.C. 730 et seq. ) is further amended by adding at the end the following: 113. Provision of pre-employment transition services (a) In general From the funds reserved under section 110(d), and any funds made available from State, local, or private funding sources, each State shall ensure that the designated State unit, in collaboration with the local educational agencies involved, shall provide, or arrange for the provision of, pre-employment transition services for all students with disabilities in need of such services who are eligible or potentially eligible for services under this title. (b) Required activities Funds available under subsection (a) shall be used to make available to students with disabilities described in subsection (a)— (1) job exploration counseling; (2) work-based learning experiences, which may include in-school or after school opportunities, or experience outside the traditional school setting (including internships), that is provided in an integrated environment to the maximum extent possible; (3) counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education; (4) workplace readiness training to develop social skills and independent living; and (5) instruction in self-advocacy, which may include peer mentoring. (c) Authorized activities Funds available under subsection (a) and remaining after the provision of the required activities described in subsection (b) may be used to improve the transition of students with disabilities described in subsection (a) from school to postsecondary education or an employment outcome by— (1) implementing effective strategies to increase the likelihood of independent living and inclusion in communities and competitive integrated workplaces; (2) developing and improving strategies for individuals with intellectual disabilities and individuals with significant disabilities to live independently, participate in postsecondary education experiences, and obtain and retain competitive integrated employment; (3) providing instruction to vocational rehabilitation counselors, school transition personnel, and other persons supporting students with disabilities; (4) disseminating information about innovative, effective, and efficient approaches to achieve the goals of this section; (5) coordinating activities with transition services provided by local educational agencies under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (6) applying evidence-based findings to improve policy, procedure, practice, and the preparation of personnel, in order to better achieve the goals of this section; (7) developing model transition demonstration projects; (8) establishing or supporting multistate or regional partnerships involving States, local educational agencies, designated State units, developmental disability agencies, private businesses, or other participants to achieve the goals of this section; and (9) disseminating information and strategies to improve the transition to postsecondary activities of individuals who are members of traditionally unserved populations. (d) Pre-Employment transition coordination Each local office of a designated State unit shall carry out responsibilities consisting of— (1) attending individualized education program meetings for students with disabilities, when invited; (2) working with the local workforce development boards, one-stop centers, and employers to develop work opportunities for students with disabilities, including internships, summer employment and other employment opportunities available throughout the school year, and apprenticeships; (3) work with schools, including those carrying out activities under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)), to coordinate and ensure the provision of pre-employment transition services under this section; and (4) when invited, attend person-centered planning meetings for individuals receiving services under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (e) National pre-employment transition coordination The Secretary shall support designated State agencies providing services under this section, highlight best State practices, and consult with other Federal agencies to advance the goals of this section. (f) Support In carrying out this section, States shall address the transition needs of all students with disabilities, including such students with physical, sensory, intellectual, and mental health disabilities. . 423. American Indian vocational rehabilitation services Section 121 ( 29 U.S.C. 741 ) is amended— (1) in subsection (a), in the first sentence, by inserting before the period the following: (referred to in this section as eligible individuals ), consistent with such eligible individuals' strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employment that will increase opportunities for economic self-sufficiency ; (2) in subsection (b)(1)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period and inserting ; and ; and (C) by adding at the end the following: (D) contains assurances that— (i) all decisions affecting eligibility for vocational rehabilitation services, the nature and scope of available vocational rehabilitation services and the provision of such services will, consistent with this title, be made by a representative of the tribal vocational rehabilitation program funded through the grant; and (ii) such decisions will not be delegated to another agency or individual. ; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following: (c) (1) From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2015, the Commissioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide training and technical assistance to governing bodies described in subsection (a) for such fiscal year. (2) From the funds reserved under paragraph (1), the Commissioner shall make grants to, or enter into contracts or other cooperative agreements with, entities that have experience in the operation of vocational rehabilitation services programs under this section to provide such training and technical assistance with respect to developing, conducting, administering, and evaluating such programs. (3) The Commissioner shall conduct a survey of the governing bodies regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, or cooperative agreements. (4) To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, such an entity shall submit an application to the Commissioner at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the Commissioner may require. The Commissioner shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the operation of vocational rehabilitation services programs under this section. . 424. Vocational rehabilitation services client information Section 131(a)(2) ( 29 U.S.C. 751(a)(2) ) is amended by striking title I of the Workforce Investment Act of 1998 and inserting title I of the Workforce Innovation and Opportunity Act . C Research and Training 431. Purpose Section 200 ( 29 U.S.C. 760 ) is amended— (1) in paragraph (1), by inserting technical assistance, after training, ; (2) in paragraph (2), by inserting technical assistance, after training, ; (3) in paragraph (3), in the matter preceding subparagraph (A)— (A) by inserting and use after transfer ; and (B) by inserting , in a timely and efficient manner, after disabilities ; and (4) in paragraph (4), by striking distribution and inserting dissemination ; (5) in paragraph (5)— (A) by inserting , including individuals with intellectual and psychiatric disabilities, after disabilities ; and (B) by striking and after the semicolon; (6) by redesignating paragraph (6) as paragraph (7); (7) by inserting after paragraph (5) the following: (6) identify strategies for effective coordination of services to job seekers with disabilities available through programs of one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act; ; (8) in paragraph (7), as redesignated by paragraph (6), by striking the period and inserting ; and ; and (9) by adding at the end the following: (8) identify effective strategies for supporting the employment of individuals with disabilities in competitive integrated employment. . 432. Authorization of appropriations Section 201 ( 29 U.S.C. 761 ) is amended to read as follows: 201. Authorization of appropriations There are authorized to be appropriated to carry out this title $103,970,000 for fiscal year 2015, $112,001,000 for fiscal year 2016, $114,325,000 for fiscal year 2017, $116,860,000 for fiscal year 2018, $119,608,000 for fiscal year 2019, and $122,143,000 for fiscal year 2020. . 433. National Institute on Disability, Independent Living, and Rehabilitation Research Section 202 ( 29 U.S.C. 762 ) is amended— (1) in the section heading, by inserting , Independent Living, after Disability ; (2) in subsection (a)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking Department of Education and all that follows through which and inserting Administration for Community Living of the Department of Health and Human Services a National Institute on Disability, Independent Living, and Rehabilitation Research (referred to in this title as the Institute ), which ; and (ii) in subparagraph (A)— (I) in clause (ii), by striking and training; and and inserting , training, and technical assistance; ; (II) by redesignating clause (iii) as clause (iv); and (III) by inserting after clause (ii) the following: (iii) outreach and information that clarifies research implications for policy and practice; and ; and (B) in paragraph (2), by striking directly and all that follows through the period and inserting directly responsible to the Administrator for the Administration for Community Living of the Department of Health and Human Services. ; (3) in subsection (b)— (A) in paragraph (2), by striking subparagraph (B) and inserting the following: (B) private organizations engaged in research relating to— (i) independent living; (ii) rehabilitation; or (iii) providing rehabilitation or independent living services; ; (B) in paragraph (3), by striking in rehabilitation and inserting on disability, independent living, and rehabilitation ; (C) in paragraph (4)— (i) in the matter preceding subparagraph (A), by inserting education, health and wellness, after independent living, ; and (ii) by striking subparagraphs (A) through (D) and inserting the following: (A) public and private entities, including— (i) elementary schools and secondary schools (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); and (ii) institutions of higher education; (B) rehabilitation practitioners; (C) employers and organizations representing employers with respect to employment-based educational materials or research; (D) individuals with disabilities (especially such individuals who are members of minority groups or of populations that are unserved or underserved by programs under this Act); (E) the individuals' representatives for the individuals described in subparagraph (D); and (F) the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the Senate; ; (D) in paragraph (6)— (i) by striking advances in rehabilitation and inserting advances in disability, independent living, and rehabilitation ; and (ii) by inserting education, health and wellness, after employment, independent living, ; (E) by striking paragraph (7); (F) by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively; (G) in paragraph (7), as redesignated by subparagraph (F)— (i) by striking health, income, and inserting health and wellness, income, education, ; and (ii) by striking and evaluation of vocational and other and inserting and evaluation of independent living, vocational, and ; (H) in paragraph (8), as redesignated by subparagraph (F), by striking with vocational rehabilitation services for the purpose of identifying effective rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of long-term vocational goals and inserting with independent living and vocational rehabilitation services for the purpose of identifying effective independent living and rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of long-term independent living and employment goals ; and (I) in paragraph (9), as redesignated by subparagraph (F), by striking and telecommuting; and and inserting , supported employment (including customized employment), and telecommuting; and ; (4) in subsection (d)(1), by striking the second sentence and inserting the following: The Director shall be an individual with substantial knowledge of and experience in independent living, rehabilitation, and research administration. ; (5) in subsection (f)(1), by striking the second sentence and inserting the following: The scientific peer review shall be conducted by individuals who are not Department of Health and Human Services employees. The Secretary shall consider for peer review individuals who are scientists or other experts in disability, independent living, and rehabilitation, including individuals with disabilities and the individuals’ representatives, and who have sufficient expertise to review the projects. ; (6) in subsection (h)— (A) in paragraph (1)(A)— (i) by striking priorities for rehabilitation research, and inserting priorities for disability, independent living, and rehabilitation research, ; and (ii) by inserting dissemination, after training, ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking especially in the area of employment and inserting especially in the areas of employment and independent living ; (ii) in subparagraph (D)— (I) by striking developed by the Director and inserting coordinated with the strategic plan required under section 203(c) ; (II) in clause (i), by striking Rehabilitation and inserting Disability, Independent Living, and Rehabilitation ; (III) in clause (ii), by striking Commissioner and inserting Administrator ; and (IV) in clause (iv), by striking researchers in the rehabilitation field and inserting researchers in the independent living and rehabilitation fields ; (iii) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; (iv) by inserting after subparagraph (D) the following: (E) be developed by the Director; ; (v) in subparagraph (F), as redesignated by clause (iii), by inserting and information that clarifies implications of the results for practice, after covered activities, ; and (vi) in subparagraph (G), as redesignated by clause (iii), by inserting and information that clarifies implications of the results for practice after covered activities ; (7) in subsection (j), by striking paragraph (3); and (8) by striking subsection (k) and inserting the following: (k) The Director shall make grants to institutions of higher education for the training of independent living and rehabilitation researchers, including individuals with disabilities and traditionally underserved populations of individuals with disabilities, as described in section 21, with particular attention to research areas that— (1) support the implementation and objectives of this Act; and (2) improve the effectiveness of services authorized under this Act. (l) (1) Not later than December 31 of each year, the Director shall prepare, and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives, a report on the activities funded under this title. (2) The report under paragraph (1) shall include— (A) a compilation and summary of the information provided by recipients of funding for such activities under this title; (B) a summary describing the funding received under this title and the progress of the recipients of the funding in achieving the measurable goals described in section 204(d)(2); and (C) a summary of implications of research outcomes on practice. (m) (1) If the Director determines that an entity that receives funding under this title fails to comply with the applicable requirements of this Act, or to make progress toward achieving the measurable goals described in section 204(d)(2), with respect to the covered activities involved, the Director shall utilize available monitoring and enforcement measures. (2) As part of the annual report required under subsection (l), the Secretary shall describe each action taken by the Secretary under paragraph (1) and the outcomes of such action. . 434. Interagency committee Section 203 ( 29 U.S.C. 763 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking conducting rehabilitation research and inserting conducting disability, independent living, and rehabilitation research ; (ii) by striking chaired by the Director and inserting chaired by the Secretary, or the Secretary's designee, ; (iii) by inserting the Assistant Secretary of Labor for Disability Employment Policy, the Secretary of Defense, the Administrator of the Administration for Community Living, after Assistant Secretary for Special Education and Rehabilitative Services, ; and (iv) by striking and the Director of the National Science Foundation. and inserting the Director of the National Science Foundation and the Administrator of the Small Business Administration. ; and (B) in paragraph (2), by inserting , and for not less than 1 of such meetings at least every 2 years, the Committee shall invite policymakers, representatives from other Federal agencies conducting relevant research, individuals with disabilities, organizations representing individuals with disabilities, researchers, and providers, to offer input on the Committee’s work, including the development and implementation of the strategic plan required under subsection (c) after each year ; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking from targeted individuals and inserting individuals with disabilities ; and (ii) by inserting independent living and before rehabilitation ; and (B) in paragraph (2)— (i) in subparagraph (A), by inserting independent living research, after assistive technology research, ; (ii) in subparagraph (B), by inserting , independent living research, after technology research ; (iii) in subparagraph (D), by striking and research that incorporates the principles of universal design and inserting , independent living research, and research that incorporates the principles of universal design ; and (iv) in subparagraph (E), by striking and research that incorporates the principles of universal design. and inserting , independent living research, and research that incorporates the principles of universal design. ; (3) by striking subsection (d); (4) by redesignating subsection (c) as subsection (d); (5) by inserting after subsection (b) the following: (c) (1) The Committee shall develop a comprehensive government wide strategic plan for disability, independent living, and rehabilitation research. (2) The strategic plan shall include, at a minimum— (A) a description of the— (i) measurable goals and objectives; (ii) existing resources each agency will devote to carrying out the plan; (iii) timetables for completing the projects outlined in the plan; and (iv) assignment of responsible individuals and agencies for carrying out the research activities; (B) research priorities and recommendations; (C) a description of how funds from each agency will be combined, as appropriate, for projects administered among Federal agencies, and how such funds will be administered; (D) the development and ongoing maintenance of a searchable government wide inventory of disability, independent living, and rehabilitation research for trend and data analysis across Federal agencies; (E) guiding principles, policies, and procedures, consistent with the best research practices available, for conducting and administering disability, independent living, and rehabilitation research across Federal agencies; and (F) a summary of underemphasized and duplicative areas of research. (3) The strategic plan described in this subsection shall be submitted to the President and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. ; (6) in subsection (d), as redesignated by paragraph (4)— (A) in the matter preceding paragraph (1), by striking Committee on Labor and Human Resources of the Senate and inserting Committee on Health, Education, Labor, and Pensions of the Senate ; and (B) by striking paragraph (1) and inserting the following: (1) describes the progress of the Committee in fulfilling the duties described in subsections (b) and (c), and including specifically for subsection (c)— (A) a report of the progress made in implementing the strategic plan, including progress toward implementing the elements described in subsection (c)(2)(A); and (B) detailed budget information. ; and (7) in subsection (e), by striking paragraph (2) and inserting the following: (2) the term independent living , used in connection with research, means research on issues and topics related to attaining maximum self-sufficiency and function by individuals with disabilities, including research on assistive technology and universal design, employment, education, health and wellness, and community integration and participation. . 435. Research and other covered activities Section 204 ( 29 U.S.C. 764 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking pay and inserting fund ; (ii) by inserting have practical applications and before maximize ; and (iii) by striking employment, independent living, and inserting employment, education, independent living, health and wellness, ; (B) in paragraph (2)— (i) in subparagraph (A), by inserting and from which the research findings, conclusions, or recommendations can be transferred to practice after State agencies ; (ii) in subparagraph (B)— (I) by striking clause (ii) and inserting the following: (ii) studies and analyses of factors related to industrial, vocational, educational, employment, social, recreational, psychiatric, psychological, economic, and health and wellness variables affecting individuals with disabilities, including traditionally underserved populations as described in section 21, and how those variables affect such individuals' ability to live independently and their participation in the work force; ; (II) in clause (iii), by striking are homebound and all that follows and inserting have significant challenges engaging in community life outside their homes and individuals who are in institutional settings; ; (III) in clause (iv), by inserting , including the principles of universal design and the interoperability of products and services after disabilities ; (IV) in clause (v), by inserting , and to promoting employment opportunities in competitive integrated employment after employment ; (V) in clause (vi), by striking and after the semicolon; (VI) in clause (vii), by striking and assistive technology. and inserting , assistive technology, and communications technology; and ; and (VII) by adding at the end the following: (viii) studies, analyses, and other activities affecting employment outcomes as defined in section 7(11), including self-employment and telecommuting, of individuals with disabilities. ; and (C) by adding at the end the following: (3) In carrying out this section, the Director shall emphasize covered activities that include plans for— (A) dissemination of high-quality materials, of scientifically valid research results, or of findings, conclusions, and recommendations resulting from covered activities, including through electronic means (such as the website of the Department of Health and Human Services), so that such information is available in a timely manner to the general public; or (B) the commercialization of marketable products, research results, or findings, resulting from the covered activities. ; (2) in subsection (b)— (A) in paragraph (1), by striking (18) both places the term appears and inserting (17) ; (B) in paragraph (2)— (i) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: (i) be operated in collaboration with institutions of higher education, providers of rehabilitation services, developers or providers of assistive technology devices, assistive technology services, or information technology devices or services, as appropriate, or providers of other appropriate services; and (ii) serve as centers of national excellence and national or regional resources for individuals with disabilities, as well as providers, educators, and researchers. ; (ii) in subparagraph (B)— (I) in clause (i)— (aa) by adding independent living and after research in ; (bb) by adding independent living and after will improve ; and (cc) by striking alleviate or stabilize and all that follows and inserting maximize health and function (including alleviating or stabilizing conditions, or preventing secondary conditions), and promote maximum social and economic independence of individuals with disabilities, including promoting the ability of the individuals to prepare for, secure, retain, regain, or advance in employment; ; (II) by redesignating clauses (ii), (iii), and (iv), as clauses (iii), (iv), and (v), respectively; (III) by inserting after clause (i) the following: (ii) conducting research in, and dissemination of, employer-based practices to facilitate the identification, recruitment, accommodation, advancement, and retention of qualified individuals with disabilities; ; (IV) in clause (iii), as redesignated by subclause (II), by inserting independent living and before rehabilitation services ; (V) in clause (iv), as redesignated by subclause (II)— (aa) by inserting independent living and before rehabilitation each place the term appears; and (bb) by striking and after the semicolon; and (VI) by striking clause (v), as redesignated by subclause (II), and inserting the following: (v) serving as an informational and technical assistance resource to individuals with disabilities, as well as to providers, educators, and researchers, by providing outreach and information that clarifies research implications for practice and identifies potential new areas of research; and (vi) developing practical applications for the research findings of the Centers. ; (iii) in subparagraph (C)— (I) in clause (i), by inserting , including research on assistive technology devices, assistive technology services, and accessible electronic and information technology devices after research ; (II) in clause (ii)— (aa) by striking and social and inserting , social, and economic ; and (bb) by inserting independent living and before rehabilitation ; and (III) by striking clauses (iii) and (iv); (IV) by redesignating clauses (v) and (vi) as clauses (iii) and (iv), respectively; (V) in clause (iii), as redesignated by subclause (IV), by striking to develop and all that follows and inserting that promotes the emotional, social, educational, and functional growth of children who are individuals with disabilities, as well as their integration in school, employment, and community activities; ; (VI) in clause (iv), as redesignated by subclause (IV), by striking that will improve and all that follows and inserting to develop and evaluate interventions, policies, and services that support families of those children and adults who are individuals with disabilities; ; and (VII) by adding at the end the following: (v) continuation of research that will improve services and policies that foster the independence and social integration of individuals with disabilities, and enable individuals with disabilities, including individuals with intellectual disabilities and other developmental disabilities, to live in their communities; and (vi) research, dissemination, and technical assistance, on best practices in vocational rehabilitation, including supported employment and other strategies to promote competitive integrated employment for persons with the most significant disabilities. ; (iv) by striking subparagraph (D) and inserting the following: (D) Training of students preparing to be independent living or rehabilitation personnel or to provide independent living, rehabilitative, assistive, or supportive services (such as rehabilitation counseling, personal care services, direct care, job coaching, aides in school based settings, or advice or assistance in utilizing assistive technology devices, assistive technology services, and accessible electronic and information technology devices and services) shall be an important priority for each such Center. ; (v) in subparagraph (E), by striking comprehensive ; (vi) in subparagraph (G)(i), by inserting independent living and before rehabilitation-related ; (vii) by striking subparagraph (I); and (viii) by redesignating subparagraphs (J) through (O) as subparagraphs (I) through (N), respectively; (C) in paragraph (3)— (i) in subparagraph (A), by inserting independent living strategies and before rehabilitation technology ; (ii) in subparagraph (B)— (I) in clause (i)(I), by inserting independent living and before rehabilitation problems ; (II) in clause (ii)(II), by striking employment and inserting educational, employment, ; and (III) in clause (iii)(II), by striking employment and inserting educational, employment, ; (iii) in subparagraph (D)(i)(II), by striking postschool and inserting postsecondary education, competitive integrated employment, and other age-appropriate ; and (iv) in subparagraph (G)(ii), by inserting the impact of any commercialized product researched or developed through the Center, after individuals with disabilities, ; (D) in paragraph (4)(B)— (i) in clause (i)— (I) by striking vocational and inserting independent living, employment, ; (II) by striking special and inserting unique ; and (III) by inserting social and functional needs, and before acute care ; and (ii) in clause (iv), by inserting education, health and wellness, after employment, ; (E) by striking paragraph (8) and inserting the following: (8) Grants may be used to conduct a program of joint projects with other administrations and offices of the Department of Health and Human Services, the National Science Foundation, the Department of Veterans Affairs, the Department of Defense, the Federal Communications Commission, the National Aeronautics and Space Administration, the Small Business Administration, the Department of Labor, other Federal agencies, and private industry in areas of joint interest involving rehabilitation. ; (F) by striking paragraphs (9) and (11); (G) by redesignating paragraphs (10), (12), (13), (14), (15), (16), (17), and (18), as paragraphs (9), (10), (11), (12), (13), (14), (15), and (16), respectively; (H) in paragraph (11), as redesignated by subparagraph (G)— (i) in the matter preceding subparagraph (A), by striking employment needs of individuals with disabilities, including and inserting employment needs, opportunities, and outcomes (including those relating to self-employment, supported employment, and telecommuting) of individuals with disabilities, including ; (ii) in subparagraph (B), by inserting and employment related after the employment ; (iii) in subparagraph (E), by striking and after the semicolon; (iv) in subparagraph (F), by striking the period at the end and inserting a semicolon; and (v) by adding at the end the following: (G) develop models to facilitate the successful transition of individuals with disabilities from nonintegrated employment and employment that is compensated at a wage less than the Federal minimum wage to competitive integrated employment; (H) develop models to maximize opportunities for integrated community living, including employment and independent living, for individuals with disabilities; (I) provide training and continuing education for personnel involved with community living for individuals with disabilities; (J) develop model procedures for testing and evaluating the community living related needs of individuals with disabilities; (K) develop model training programs to teach individuals with disabilities skills which will lead to integrated community living and full participation in the community; and (L) develop new approaches for long-term services and supports for individuals with disabilities, including supports necessary for competitive integrated employment. ; (I) in paragraph (12), as redesignated by subparagraph (G)— (i) in the matter preceding subparagraph (A), by inserting an independent living or after conduct ; (ii) in subparagraph (D), by inserting independent living or before rehabilitation ; and (iii) in the matter following subparagraph (E), by striking National Institute on Disability and Rehabilitation Research and inserting National Institute on Disability, Independent Living, and Rehabilitation Research ; (J) in paragraph (13), as redesignated by subparagraph (G), by inserting independent living and before rehabilitation needs ; and (K) in paragraph (14), as redesignated by subparagraph (G), by striking and access to gainful employment. and inserting , full participation, and economic self-sufficiency. ; and (3) by adding at the end the following: (d) (1) In awarding grants, contracts, or cooperative agreements under this title, the Director shall award the funding on a competitive basis. (2) (A) To be eligible to receive funds under this section for a covered activity, an entity described in subsection (a)(1) shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. (B) The application shall include information describing— (i) measurable goals, as established through section 1115 of title 31, United States Code, and a timeline and specific plan for meeting the goals, that the applicant has established; (ii) how the project will address 1 or more of the following: commercialization of a marketable product, technology transfer (if applicable), dissemination of any research results, and other priorities as established by the Director; and (iii) how the applicant will quantifiably measure the goals to determine whether such goals have been accomplished. (3) (A) In the case of an application for funding under this section to carry out a covered activity that results in the development of a marketable product, the application shall also include a commercialization and dissemination plan, as appropriate, containing commercialization and marketing strategies for the product involved, and strategies for disseminating information about the product. The funding received under this section shall not be used to carry out the commercialization and marketing strategies. (B) In the case of any other application for funding to carry out a covered activity under this section, the application shall also include a dissemination plan, containing strategies for disseminating educational materials, research results, or findings, conclusions, and recommendations, resulting from the covered activity. . 436. Disability, Independent Living, and Rehabilitation Research Advisory Council Section 205 ( 29 U.S.C. 765 ) is amended— (1) in the section heading, by inserting Disability, Independent Living, and before Rehabilitation ; (2) in subsection (a)— (A) by striking Department of Education a Rehabilitation Research Advisory Council and inserting Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council ; and (B) by inserting not less than after composed of ; (3) by striking subsection (c) and inserting the following: (c) Qualifications Members of the Council shall be generally representative of the community of disability, independent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services and independent living services carried out under this Act and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives. ; and (4) in subsection (g), by striking Department of Education and inserting Department of Health and Human Services . 437. Definition of covered school Title II ( 29 U.S.C. 760 et seq. ) is amended by adding at the end the following: 206. Definition of covered school In this title, the term covered school means an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or an institution of higher education. . D Professional Development and Special Projects and Demonstration 441. Purpose; training (a) Purpose Section 301(a) ( 29 U.S.C. 771(a) ) is amended— (1) in paragraph (2), by inserting and after the semicolon; (2) by striking paragraphs (3) and (4); (3) by redesignating paragraph (5) as paragraph (3); and (4) in paragraph (3), as redesignated by paragraph (3), by striking workforce investment systems and inserting workforce development systems . (b) Training Section 302 ( 29 U.S.C. 772 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (E), by striking all after deliver and inserting supported employment services and customized employment services to individuals with the most significant disabilities; ; (ii) in subparagraph (F), by striking and after the semicolon; (iii) in subparagraph (G), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (H) personnel trained in providing assistive technology services. ; (B) in paragraph (4)— (i) in the matter preceding subparagraph (A), by striking title I of the Workforce Investment Act of 1998 and inserting subtitle B of title I of the Workforce Innovation and Opportunity Act ; (ii) in subparagraph (A), by striking workforce investment system and inserting workforce development system ; and (iii) in subparagraph (B), by striking section 134(c) of the Workforce Investment Act of 1998. and inserting section 121(e) of the Workforce Innovation and Opportunity Act. ; and (C) in paragraph (5), by striking title I of the Workforce Investment Act of 1998 and inserting subtitle B of title I of the Workforce Innovation and Opportunity Act ; (2) in subsection (b)(1)(B)(i), by striking or prosthetics and orthotics and inserting prosthetics and orthotics, vision rehabilitation therapy, orientation and mobility instruction, or low vision therapy ; (3) in subsection (g)— (A) in the subsection heading, by striking and In-Service Training ; (B) in paragraph (1), by adding after the period the following: Any technical assistance provided to community rehabilitation programs shall be focused on the employment outcome of competitive integrated employment for individuals with disabilities. ; and (C) by striking paragraph (3); (4) in subsection (h), by striking section 306 and inserting section 304 ; and (5) in subsection (i), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003. and inserting $33,657,000 for fiscal year 2015, $36,257,000 for fiscal year 2016, $37,009,000 for fiscal year 2017, $37,830,000 for fiscal year 2018, $38,719,000 for fiscal year 2019, and $39,540,000 for fiscal year 2020. . 442. Demonstration, training, and technical assistance programs Section 303 ( 29 U.S.C. 773 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking section 306 and inserting section 304 ; (B) in paragraph (3)(A), by striking National Institute on Disability and Rehabilitation Research and inserting National Institute on Disability, Independent Living, and Rehabilitation Research ; (C) in paragraph (5)— (i) in subparagraph (A)— (I) by striking clause (i) and inserting the following: (i) initiatives focused on improving transition from education, including postsecondary education, to employment, particularly in competitive integrated employment, for youth who are individuals with significant disabilities; ; and (II) by striking clause (iii) and inserting the following: (iii) increasing competitive integrated employment for individuals with significant disabilities. ; and (ii) in subparagraph (B)(viii), by striking under title I of the Workforce Investment Act of 1998 and inserting under subtitle B of title I of the Workforce Innovation and Opportunity Act ; and (D) by striking paragraph (6); (2) in subsection (c)— (A) in paragraph (2)— (i) in subparagraph (E), by striking and after the semicolon; (ii) by redesignating subparagraph (F) as subparagraph (G); and (iii) by inserting after subparagraph (E) the following: (F) to provide support and guidance in helping individuals with significant disabilities, including students with disabilities, transition to competitive integrated employment; and ; (B) in paragraph (4)— (i) in subparagraph (A)(ii)— (I) by inserting the after closely with ; and (II) by inserting , the community parent resource centers established pursuant to section 672 of such Act, and the eligible entities receiving awards under section 673 of such Act after Individuals with Disabilities Education Act ; and (ii) in subparagraph (C), by inserting , and demonstrate the capacity for serving, after shall serve ; and (C) by adding at the end the following: (8) Reservation From the amount appropriated to carry out this section for a fiscal year, 20 percent of such amount or $500,000, whichever is less, may be reserved to carry out paragraph (6). ; and (3) by striking subsection (e) and inserting the following: (e) Authorization of appropriations For the purpose of carrying out this section there are authorized to be appropriated $5,796,000 for fiscal year 2015, $6,244,000 for fiscal year 2016, $6,373,000 for fiscal year 2017, $6,515,000 for fiscal year 2018, $6,668,000 for fiscal year 2019, and $6,809,000 for fiscal year 2020. . 443. Migrant and seasonal farmworkers; recreational programs The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is amended— (1) by striking sections 304 and 305; (2) by redesignating section 306 as section 304. E National Council on Disability 451. Establishment Section 400 ( 29 U.S.C. 780 ) is amended— (1) in subsection (a)(1)— (A) by redesignating subparagraph (C) as subparagraph (D); (B) by striking subparagraphs (A) and (B) and inserting the following: (A) There is established within the Federal Government a National Council on Disability (referred to in this title as the National Council ), which, subject to subparagraph (B), shall be composed of 9 members, of which— (i) 5 shall be appointed by the President; (ii) 1 shall be appointed by the Majority Leader of the Senate; (iii) 1 shall be appointed by the Minority Leader of the Senate; (iv) 1 shall be appointed by the Speaker of the House of Representatives; and (v) 1 shall be appointed by the Minority Leader of the House of Representatives. (B) The National Council shall transition from 15 members (as of the date of enactment of the Workforce Innovation and Opportunity Act) to 9 members as follows: (i) On the first 4 expirations of National Council terms (after that date), replacement members shall be appointed to the National Council in the following order and manner: (I) 1 shall be appointed by the Majority Leader of the Senate. (II) 1 shall be appointed by the Minority Leader of the Senate. (III) 1 shall be appointed by the Speaker of the House of Representatives. (IV) 1 shall be appointed by the Minority Leader of the House of Representatives. (ii) On the next 6 expirations of National Council terms (after the 4 expirations described in clause (i) occur), no replacement members shall be appointed to the National Council. (C) For any vacancy on the National Council that occurs after the transition described in subparagraph (B), the vacancy shall be filled in the same manner as the original appointment was made. ; and (C) in subparagraph (D), as redesignated by subparagraph (A) of this paragraph, in the first sentence— (i) by inserting national leaders on disability policy, after guardians of individuals with disabilities, ; and (ii) by striking policy or programs and inserting policy or issues that affect individuals with disabilities ; (2) in subsection (b), by striking , except and all that follows and inserting a period; and (3) in subsection (d), by striking Eight and inserting Five . 452. Report Section 401 ( 29 U.S.C. 781 ) is amended— (1) in paragraphs (1) and (3) of subsection (a), by striking National Institute on Disability and Rehabilitation Research and inserting National Institute on Disability, Independent Living, and Rehabilitation Research ; and (2) by striking subsection (c). 453. Authorization of appropriations Section 405 ( 29 U.S.C. 785 ) is amended by striking such sums as may be necessary for each of the fiscal years 1999 through 2003. and inserting $3,186,000 for fiscal year 2015, $3,432,000 for fiscal year 2016, $3,503,000 for fiscal year 2017, $3,581,000 for fiscal year 2018, $3,665,000 for fiscal year 2019, and $3,743,000 for fiscal year 2020. . F Rights and advocacy 456. Interagency Committee, Board, and Council (a) Interagency committee Section 501 ( 29 U.S.C. 791 ) is amended— (1) by striking subsection (f); and (2) by redesignating subsection (g) as subsection (f). (b) Architectural and transportation barriers compliance board Section 502(j) ( 29 U.S.C. 792(j) ) is amended by striking such sums as may be necessary for each of the fiscal years 1999 through 2003. and inserting $7,448,000 for fiscal year 2015, $8,023,000 for fiscal year 2016, $8,190,000 for fiscal year 2017, $8,371,000 for fiscal year 2018, $8,568,000 for fiscal year 2019, and $8,750,000 for fiscal year 2020. . (c) Program or activity Section 504(b)(2)(B) ( 29 U.S.C. 794(b)(2)(B) ) is amended by striking vocational education and inserting career and technical education . (d) Interagency Disability Coordinating Council Section 507(a) ( 29 U.S.C. 794c(a) ) is amended by inserting the Chairperson of the National Council on Disability, before and such other . 457. Protection and advocacy of individual rights Section 509 ( 29 U.S.C. 794e ) is amended— (1) in subsection (c)(1)(A), by inserting a grant, contract, or cooperative agreement for before training ; (2) in subsection (f)(2)— (A) by striking general and all that follows through records and inserting general authorities, including the authority to access records ; and (B) by inserting of title I after subtitle C ; and (3) in subsection (l), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003. and inserting $17,650,000 for fiscal year 2015, $19,013,000 for fiscal year 2016, $19,408,000 for fiscal year 2017, $19,838,000 for fiscal year 2018, $20,305,000 for fiscal year 2019, and $20,735,000 for fiscal year 2020. . 458. Limitations on use of subminimum wage (a) In general Title V ( 29 U.S.C. 791 et seq. ) is amended by adding at the end the following: 511. Limitations on use of subminimum wage (a) In general No entity, including a contractor or subcontractor of the entity, which holds a special wage certificate as described in section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ) may compensate an individual with a disability who is age 24 or younger at a wage (referred to in this section as a subminimum wage ) that is less than the Federal minimum wage unless 1 of the following conditions is met: (1) The individual is currently employed, as of the effective date of this section, by an entity that holds a valid certificate pursuant to section 14(c) of the Fair Labor Standards Act of 1938. (2) The individual, before beginning work that is compensated at a subminimum wage, has completed, and produces documentation indicating completion of, each of the following actions: (A) The individual has received pre-employment transition services that are available to the individual under section 113, or transition services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) such as transition services available to the individual under section 614(d) of that Act (20 U.S.C. 1414(d)). (B) The individual has applied for vocational rehabilitation services under title I, with the result that— (i) (I) the individual has been found ineligible for such services pursuant to that title and has documentation consistent with section 102(a)(5)(C) regarding the determination of ineligibility; or (II) (aa) the individual has been determined to be eligible for vocational rehabilitation services; (bb) the individual has an individualized plan for employment under section 102; (cc) the individual has been working toward an employment outcome specified in such individualized plan for employment, with appropriate supports and services, including supported employment services, for a reasonable period of time without success; and (dd) the individual’s vocational rehabilitation case is closed; and (ii) (I) the individual has been provided career counseling, and information and referrals to Federal and State programs and other resources in the individual's geographic area that offer employment-related services and supports designed to enable the individual to explore, discover, experience, and attain competitive integrated employment; and (II) such counseling and information and referrals are not for employment compensated at a subminimum wage provided by an entity described in this subsection, and such employment-related services are not compensated at a subminimum wage and do not directly result in employment compensated at a subminimum wage provided by an entity described in this subsection. (b) Construction (1) Rule Nothing in this section shall be construed to— (A) change the purpose of this Act described in section 2(b)(2), to empower individuals with disabilities to maximize opportunities for competitive integrated employment; or (B) preference employment compensated at a subminimum wage as an acceptable vocational rehabilitation strategy or successful employment outcome, as defined in section 7(11). (2) Contracts A local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or a State educational agency (as defined in such section) may not enter into a contract or other arrangement with an entity described in subsection (a) for the purpose of operating a program for an individual who is age 24 or younger under which work is compensated at a subminimum wage. (3) Voidability The provisions in this section shall be construed in a manner consistent with the provisions of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), as amended before or after the effective date of this Act. (c) During employment (1) In general The entity described in subsection (a) may not continue to employ an individual, regardless of age, at a subminimum wage unless, after the individual begins work at that wage, at the intervals described in paragraph (2), the individual (with, in an appropriate case, the individual's parent or guardian)— (A) is provided by the designated State unit career counseling, and information and referrals described in subsection (a)(2)(B)(ii), delivered in a manner that facilitates independent decisionmaking and informed choice, as the individual makes decisions regarding employment and career advancement; and (B) is informed by the employer of self-advocacy, self-determination, and peer mentoring training opportunities available in the individual's geographic area, provided by an entity that does not have any financial interest in the individual's employment outcome, under applicable Federal and State programs or other sources. (2) Timing The actions required under subparagraphs (A) and (B) of paragraph (1) shall be carried out once every 6 months for the first year of the individual's employment at a subminimum wage, and annually thereafter for the duration of such employment. (3) Small business exception In the event that the entity described in subsection (a) is a business with fewer than 15 employees, such entity can satisfy the requirements of subparagraphs (A) and (B) of paragraph (1) by referring the individual, at the intervals described in paragraph (2), to the designated State unit for the counseling, information, and referrals described in paragraph (1)(A) and the information described in paragraph (1)(B). (d) Documentation (1) In general The designated State unit, in consultation with the State educational agency, shall develop a new process or utilize an existing process, consistent with guidelines developed by the Secretary, to document the completion of the actions described in subparagraphs (A) and (B) of subsection (a)(2) by a youth with a disability who is an individual with a disability. (2) Documentation process Such process shall require that— (A) in the case of a student with a disability, for documentation of actions described in subsection (a)(2)(A)— (i) if such a student with a disability receives and completes each category of required activities in section 113(b), such completion of services shall be documented by the designated State unit in a manner consistent with this section; (ii) if such a student with a disability receives and completes any transition services available for students with disabilities under the Individuals with Disabilities Education Act, including those provided under section 614(d)(1)(A)(i)(VIII) ( 20 U.S.C. 1414(d)(1)(A)(i)(VIII) ), such completion of services shall be documented by the appropriate school official responsible for the provision of such transition services, in a manner consistent with this section; and (iii) the designated State unit shall provide the final documentation, in a form and manner consistent with this section, of the completion of pre-employment transition services as described in clause (i), or transition services under the Individuals with Disabilities Education Act as described in clause (ii), to the student with a disability within a reasonable period of time following the completion; and (B) when an individual has completed the actions described in subsection (a)(2)(B), the designated State unit shall provide the individual a document indicating such completion, in a manner consistent with this section, within a reasonable time period following the completion of the actions described in this subparagraph. (e) Verification (1) Before employment Before an individual covered by subsection (a)(2) begins work for an entity described in subsection (a) at a subminimum wage, the entity shall review such documentation received by the individual under subsection (d), and provided by the individual to the entity, that indicates that the individual has completed the actions described in subparagraphs (A) and (B) of subsection (a)(2) and the entity shall maintain copies of such documentation. (2) During employment (A) In general In order to continue to employ an individual at a subminimum wage, the entity described in subsection (a) shall verify completion of the requirements of subsection (c), including reviewing any relevant documents provided by the individual, and shall maintain copies of the documentation described in subsection (d). (B) Review of documentation The entity described in subsection (a) shall be subject to review of individual documentation described in subsection (d) by a representative working directly for the designated State unit or the Department of Labor at such a time and in such a manner as may be necessary to fulfill the intent of this section, consistent with regulations established by the designated State unit or the Secretary of Labor. (f) Federal minimum wage In this section, the term Federal minimum wage means the rate applicable under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)). . (b) Effective date This section takes effect 2 years after the date of enactment of the Workforce Innovation and Opportunity Act. G Employment Opportunities for Individuals With Disabilities 461. Employment opportunities for individuals with disabilities Title VI ( 29 U.S.C. 795 et seq. ) is amended— (1) by striking part A; (2) by striking the part heading relating to part B; (3) by redesignating sections 621 through 628 as sections 602 through 609, respectively; (4) in section 602, as redesignated by paragraph (3)— (A) by striking part and inserting title ; and (B) by striking individuals with the most significant disabilities and all that follows and inserting individuals with the most significant disabilities, including youth with the most significant disabilities, to enable such individuals to achieve an employment outcome of supported employment in competitive integrated employment. ; (5) in section 603, as redesignated by paragraph (3)— (A) in subsection (a)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking part and inserting title ; (II) in subparagraph (A), by inserting amount after whichever ; and (III) in subparagraph (B)— (aa) by striking part for the fiscal year and inserting title for the fiscal year ; (bb) by striking this part in fiscal year 1992 and inserting part B of this title (as in effect on September 30, 1992) in fiscal year 1992 ; and (cc) by inserting amount after whichever ; and (ii) in paragraph (2)(B), by striking one-eighth of one percent and inserting 1/8 of 1 percent ; (B) in subsection (b)— (i) by inserting under subsection (a) after allotment to a State ; (ii) by striking part each place the term appears and inserting title ; and (iii) by striking one or more and inserting 1 or more ; and (C) by adding at the end the following: (c) Limitations on administrative costs A State that receives an allotment under this title shall not use more than 2.5 percent of such allotment to pay for administrative costs. (d) Services for youth with the most significant disabilities A State that receives an allotment under this title shall reserve and expend half of such allotment for the provision of supported employment services, including extended services, to youth with the most significant disabilities in order to assist those youth in achieving an employment outcome in supported employment. ; (6) by striking section 604, as redesignated by paragraph (3), and inserting the following: 604. Availability of services (a) Supported employment services Funds provided under this title may be used to provide supported employment services to individuals who are eligible under this title. (b) Extended services (1) In general Except as provided in paragraph (2), funds provided under this title, or title I, may not be used to provide extended services to individuals under this title or title I. (2) Extended services for youth with the most significant disabilities Funds allotted under this title, or title I, and used for the provision of services under this title to youth with the most significant disabilities pursuant to section 603(d), may be used to provide extended services to youth with the most significant disabilities. Such extended services shall be available for a period not to exceed 4 years. ; (7) in section 605, as redesignated by paragraph (3)— (A) in the matter preceding paragraph (1)— (i) by inserting , including a youth with a disability, after An individual ; and (ii) by striking this part and inserting this title ; (B) in paragraph (1), by inserting under title I after rehabilitation services ; (C) in paragraph (2), by striking and after the semicolon; (D) by redesignating paragraph (3) as paragraph (4); (E) by inserting after paragraph (2) the following: (3) for purposes of activities carried out with funds described in section 603(d), the individual is a youth with a disability, as defined in section (7)(42); and ; and (F) in paragraph (4), as redesignated by subparagraph (D), by striking assessment of rehabilitation needs and inserting assessment of the rehabilitation needs ; (8) in section 606, as redesignated by paragraph (3)— (A) in subsection (a)— (i) by striking this part and inserting this title ; and (ii) by inserting , including youth with the most significant disabilities, after individuals ; (B) in subsection (b)— (i) in paragraph (1), by striking this part and inserting this title ; (ii) in paragraph (2), by inserting , including youth, after rehabilitation needs of individuals ; (iii) in paragraph (3)— (I) by inserting , including youth with the most significant disabilities, after provided to individuals ; and (II) by striking section 622 and inserting section 603 ; (iv) by striking paragraph (7); (v) by redesignating paragraph (6) as paragraph (7); (vi) by inserting after paragraph (5) the following: (6) describe the activities to be conducted pursuant to section 603(d) for youth with the most significant disabilities, including— (A) the provision of extended services for a period not to exceed 4 years; and (B) how the State will use the funds reserved in section 603(d) to leverage other public and private funds to increase resources for extended services and expand supported employment opportunities for youth with the most significant disabilities; ; (vii) in paragraph (7), as redesignated by clause (v)— (I) in subparagraph (A), by striking under this part both places the term appears and inserting under this title ; (II) in subparagraph (B), by inserting , including youth with the most significant disabilities, after significant disabilities ; (III) in subparagraph (C)— (aa) in clause (i), by inserting , including, as appropriate, for youth with the most significant disabilities, transition services and pre-employment transition services after services to be provided ; (bb) in clause (ii), by inserting , including the extended services that may be provided to youth with the most significant disabilities under this title, in accordance with an approved individualized plan for employment, for a period not to exceed 4 years after services needed ; and (cc) in clause (iii)— (AA) by striking identify the source of extended services, and inserting identify, as appropriate, the source of extended services, ; (BB) by striking or to the extent and inserting or indicate ; and (CC) by striking employment is developed and all that follows and inserting employment is developed; (IV) in subparagraph (D), by striking under this part and inserting under this title ; (V) in subparagraph (F), by striking and after the semicolon; (VI) in subparagraph (G), by striking for the maximum number of hours possible ; and (VII) by adding at the end the following: (H) the State agencies designated under paragraph (1) will expend not more than 2.5 percent of the allotment of the State under this title for administrative costs of carrying out this title; and (I) with respect to supported employment services provided to youth with the most significant disabilities pursuant to section 603(d), the designated State agency will provide, directly or indirectly through public or private entities, non-Federal contributions in an amount that is not less than 10 percent of the costs of carrying out such services; and ; (9) by striking section 607, as redesignated by paragraph (3), and inserting the following: 607. Restriction Each State agency designated under section 606(b)(1) shall collect the information required by section 101(a)(10) separately for— (1) eligible individuals receiving supported employment services under this title; (2) eligible individuals receiving supported employment services under title I; (3) eligible youth receiving supported employment services under this title; and (4) eligible youth receiving supported employment services under title I. ; (10) in section 608(b), as redesignated by paragraph (3), by striking this part both places the terms appears and inserting this title ; and (11) by striking section 609, as redesignated by paragraph (3), and inserting the following: 609. Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (a) Establishment Not later than 60 days after the date of enactment of the Workforce Innovation and Opportunity Act, the Secretary of Labor shall establish an Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (referred to in this section as the Committee ). (b) Appointment and vacancies (1) Appointment The Secretary of Labor shall appoint the members of the Committee described in subsection (c)(6), in accordance with subsection (c). (2) Vacancies Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner, in accordance with the same paragraph of subsection (c), as the original appointment or designation was made. (c) Composition The Committee shall be composed of— (1) the Assistant Secretary for Disability Employment Policy, the Assistant Secretary for Employment and Training, and the Administrator of the Wage and Hour Division, of the Department of Labor; (2) the Commissioner of the Administration on Intellectual and Developmental Disabilities, or the Commissioner's designee; (3) the Director of the Centers for Medicare & Medicaid Services of the Department of Health and Human Services, or the Director's designee; (4) the Commissioner of Social Security, or the Commissioner's designee; (5) the Commissioner of the Rehabilitation Services Administration, or the Commissioner's designee; and (6) representatives from constituencies consisting of— (A) self-advocates for individuals with intellectual or developmental disabilities; (B) providers of employment services, including those that employ individuals with intellectual or developmental disabilities in competitive integrated employment; (C) representatives of national disability advocacy organizations for adults with intellectual or developmental disabilities; (D) experts with a background in academia or research and expertise in employment and wage policy issues for individuals with intellectual or developmental disabilities; (E) representatives from the employer community or national employer organizations; and (F) other individuals or representatives of organizations with expertise on increasing opportunities for competitive integrated employment for individuals with disabilities. (d) Chairperson The Committee shall elect a Chairperson of the Committee from among the appointed members of the Committee. (e) Meetings The Committee shall meet at the call of the Chairperson, but not less than 8 times. (f) Duties The Committee shall study, and prepare findings, conclusions, and recommendations for the Secretary of Labor on— (1) ways to increase the employment opportunities for individuals with intellectual or developmental disabilities or other individuals with significant disabilities in competitive integrated employment; (2) the use of the certificate program carried out under section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ) for the employment of individuals with intellectual or developmental disabilities, or other individuals with significant disabilities; and (3) ways to improve oversight of the use of such certificates. (g) Committee personnel matters (1) Travel expenses The members of the Committee shall not receive compensation for the performance of services for the Committee, but shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Committee. (2) Staff The Secretary of Labor may designate such personnel as may be necessary to enable the Committee to perform its duties. (3) Detail of government employees Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (4) Facilities, equipment, and services The Secretary of Labor shall make available to the Committee, under such arrangements as may be appropriate, necessary equipment, supplies, and services. (h) Reports (1) Interim and final reports The Committee shall prepare and submit to the Secretary of Labor, as well as the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives— (A) an interim report that summarizes the progress of the Committee, along with any interim findings, conclusions, and recommendations as described in subsection (f); and (B) a final report that states final findings, conclusions, and recommendations as described in subsection (f). (2) Preparation and submission The reports shall be prepared and submitted— (A) in the case of the interim report, not later than 1 year after the date on which the Committee is established under subsection (a); and (B) in the case of the final report, not later than 2 years after the date on which the Committee is established under subsection (a). (i) Termination The Committee shall terminate on the day after the date on which the Committee submits the final report. 610. Authorization of appropriations There is authorized to be appropriated to carry out this title $27,548,000 for fiscal year 2015, $29,676,000 for fiscal year 2016, $30,292,000 for fiscal year 2017, $30,963,000 for fiscal year 2018, $31,691,000 for fiscal year 2019, and $32,363,000 for fiscal year 2020. . H Independent Living Services and Centers for Independent Living 1 Individuals with significant disabilities A General provisions 471. Purpose Section 701 ( 29 U.S.C. 796 ) is amended, in paragraph (3)— (1) by striking part B of title VI and inserting title VI ; and (2) by inserting before the period the following: , with the goal of improving the independence of individuals with disabilities . 472. Administration of the independent living program Title VII ( 29 U.S.C. 796 et seq. ) is amended by inserting after section 701 the following: 701A. Administration of the independent living program There is established within the Administration for Community Living of the Department of Health and Human Services, an Independent Living Administration. The Independent Living Administration shall be headed by a Director (referred to in this section as the Director ) appointed by the Secretary of Health and Human Services. The Director shall be an individual with substantial knowledge of independent living services. The Independent Living Administration shall be the principal agency, and the Director shall be the principal officer, to carry out this chapter. In performing the functions of the office, the Director shall be directly responsible to the Administrator of the Administration for Community Living of the Department of Health and Human Services. The Secretary shall ensure that the Independent Living Administration has sufficient resources (including designating at least 1 individual from the Office of General Counsel who is knowledgeable about independent living services) to provide technical assistance and support to, and oversight of, the programs funded under this chapter. . 473. Definitions Section 702 ( 29 U.S.C. 796a ) is amended— (1) in paragraph (1)— (A) in the matter before subparagraph (A), by inserting for individuals with significant disabilities (regardless of age or income) before that— ; and (B) in subparagraph (B), by striking the period and inserting , including, at a minimum, independent living core services as defined in section 7(17). ; (2) in paragraph (2), by striking the period and inserting the following: , in terms of the management, staffing, decisionmaking, operation, and provisions of services, of the center. ; (3) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (4) by inserting before paragraph (2) the following: (1) Administrator The term Administrator means the Administrator of the Administration for Community Living of the Department of Health and Human Services. . 474. State plan Section 704 ( 29 U.S.C. 796c ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting after State plan the following: developed and signed in accordance with paragraph (2), ; and (ii) by striking Commissioner each place it appears and inserting Administrator ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking developed and signed by ; and (ii) by striking subparagraphs (A) and (B) and inserting the following: (A) developed by the chairperson of the Statewide Independent Living Council, and the directors of the centers for independent living in the State, after receiving public input from individuals with disabilities and other stakeholders throughout the State; and (B) signed by— (i) the chairperson of the Statewide Independent Living Council, acting on behalf of and at the direction of the Council; (ii) the director of the designated State entity described in subsection (c); and (iii) not less than 51 percent of the directors of the centers for independent living in the State. ; (C) in paragraph (3)— (i) in subparagraph (A), by striking State independent living services and inserting independent living services in the State ; and (ii) by striking subparagraph (C) and inserting the following: (C) working relationships and collaboration between— (i) centers for independent living; and (ii) (I) entities carrying out programs that provide independent living services, including those serving older individuals; (II) other community-based organizations that provide or coordinate the provision of housing, transportation, employment, information and referral assistance, services, and supports for individuals with significant disabilities; and (III) entities carrying out other programs providing services for individuals with disabilities. . (D) in paragraph (4), by striking Commissioner each place it appears and inserting Administrator ; and (E) by adding at the end the following: (5) Statewideness The State plan shall describe strategies for providing independent living services on a statewide basis, to the greatest extent possible. ; (2) in subsection (c)— (A) in the subsection heading, by striking unit and inserting entity ; (B) in the matter preceding paragraph (1), by striking the designated State unit of such State and inserting a State entity of such State (referred to in this title as the designated State entity ) ; (C) in paragraphs (3) and (4), by striking Commissioner each place it appears and inserting Administrator ; (D) in paragraph (3), by striking and at the end; (E) in paragraph (4), by striking the period and inserting ; and ; and (F) by adding at the end the following: (5) retain not more than 5 percent of the funds received by the State for any fiscal year under part B, for the performance of the services outlined in paragraphs (1) through (4). ; (3) in subsection (i), by striking paragraphs (1) and (2) and inserting the following: (1) the Statewide Independent Living Council; (2) centers for independent living; (3) the designated State entity; and (4) other State agencies or entities represented on the Council, other councils that address the needs and issues of specific disability populations, and other public and private entities determined to be appropriate by the Council. ; (4) in subsection (m)— (A) in paragraph (4), by striking Commissioner each place it appears and inserting Administrator ; and (B) in paragraph (5), by striking Commissioner and inserting Administrator ; and (5) by adding at the end the following: (o) Promoting full access to community life The plan shall describe how the State will provide independent living services described in section 7(18) that promote full access to community life for individuals with significant disabilities. . 475. Statewide Independent Living Council Section 705 ( 29 U.S.C. 796d ) is amended— (1) in subsection (a), by inserting and maintain after shall establish ; (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting among its voting members, before at least ; and (II) by striking one and inserting 1 ; and (ii) by striking subparagraphs (B) and (C) and inserting the following: (B) among its voting members, for a State in which 1 or more centers for independent living are run by, or in conjunction with, the governing bodies of American Indian tribes located on Federal or State reservations, at least 1 representative of the directors of such centers; and (C) as ex officio, nonvoting members, a representative of the designated State entity, and representatives from State agencies that provide services for individuals with disabilities. ; (B) in paragraph (3)— (i) by redesignating subparagraphs (C) through (F) as subparagraphs (D) through (G), respectively; (ii) in subparagraph (B), by striking parents and guardians of ; and (iii) by inserting after paragraph (B) the following: (C) parents and guardians of individuals with disabilities; ; (C) in paragraph (5)(B), by striking paragraph (3) and inserting paragraph (1) ; and (D) in paragraph (6)(B), by inserting , other than a representative described in paragraph (2)(A) if there is only one center for independent living within the State, after the Council ; (3) by striking subsection (c) and inserting the following: (c) Functions (1) Duties The Council shall— (A) develop the State plan as provided in section 704(a)(2); (B) monitor, review, and evaluate the implementation of the State plan; (C) meet regularly, and ensure that such meetings of the Council are open to the public and sufficient advance notice of such meetings is provided; (D) submit to the Administrator such periodic reports as the Administrator may reasonably request, and keep such records, and afford such access to such records, as the Administrator finds necessary to verify the information in such reports; and (E) as appropriate, coordinate activities with other entities in the State that provide services similar to or complementary to independent living services, such as entities that facilitate the provision of or provide long-term community-based services and supports. (2) Authorities The Council may, consistent with the State plan described in section 704, unless prohibited by State law— (A) in order to improve services provided to individuals with disabilities, work with centers for independent living to coordinate services with public and private entities; (B) conduct resource development activities to support the activities described in this subsection or to support the provision of independent living services by centers for independent living; and (C) perform such other functions, consistent with the purpose of this chapter and comparable to other functions described in this subsection, as the Council determines to be appropriate. (3) Limitation The Council shall not provide independent living services directly to individuals with significant disabilities or manage such services. ; (4) in subsection (e)— (A) in paragraph (1), in the first sentence, by striking prepare and all that follows through a plan and inserting prepare, in conjunction with the designated State entity, a plan ; and (B) in paragraph (3), by striking State agency and inserting State entity ; and (5) in subsection (f)— (A) by striking such resources and inserting available resources ; and (B) by striking (including and all that follows through compensation and inserting (such as personal assistance services), and to pay reasonable compensation . 475A. Responsibilities of the Administrator Section 706 ( 29 U.S.C. 796d–1 ) is amended— (1) by striking the title of the section and inserting the following: 706. Responsibilities of the Administrator ; (2) in subsection (a)— (A) in paragraph (1), by striking Commissioner each place it appears and inserting Administrator ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking Commissioner and inserting Administrator ; and (ii) in subparagraph (B)— (I) in clause (i)— (aa) by inserting or the Commissioner after to the Secretary ; and (bb) by striking to the Commissioner; and and inserting to the Administrator; ; (II) by redesignating clause (ii) as clause (iii); and (III) by inserting after clause (i) the following: (ii) to the State agency shall be deemed to be references to the designated State entity; and ; (3) by striking subsection (b) and inserting the following: (b) Indicators Not later than 1 year after the date of enactment of the Workforce Innovation and Opportunity Act, the Administrator shall develop and publish in the Federal Register indicators of minimum compliance for centers for independent living (consistent with the standards set forth in section 725), and indicators of minimum compliance for Statewide Independent Living Councils. ; (4) in subsection (c)— (A) in paragraph (1)— (i) by striking Commissioner each place it appears and inserting Administrator ; and (ii) by striking the last sentence; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking Commissioner and inserting Administrator ; (ii) in subparagraph (A), by striking such a review and inserting a review described in paragraph (1) ; and (iii) in subparagraphs (A) and (B), by striking Department each place it appears and inserting Department of Health and Human Services ; and (5) by striking subsection (d) and inserting the following: (d) Reports (1) In general The Director described in section 701A shall provide to the Administrator of the Administration for Community Living and the Administrator shall include, in an annual report, information on the extent to which centers for independent living receiving funds under part C have complied with the standards and assurances set forth in section 725. The Director may identify individual centers for independent living in the analysis contained in that information. The Director shall include in the report the results of onsite compliance reviews, identifying individual centers for independent living and other recipients of assistance under part C. (2) Public availability The Director shall ensure that the report described in this subsection is made publicly available in a timely manner, including through electronic means, in order to inform the public about the administration and performance of programs under this Act. . B Independent living services 476. Administration (a) Allotments Section 711 ( 29 U.S.C. 796e ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A)— (i) by striking Except and inserting After the reservation required by section 711A is made, and except ; and (ii) by inserting the remainder of the before sums appropriated ; and (B) in paragraph (2)(B), by striking amounts made available for purposes of this part and inserting remainder described in paragraph (1)(A) ; (2) in subsections (a), (b), and (c), by striking Commissioner each place it appears and inserting Administrator ; and (3) by adding at the end the following: (d) Administration Funds allotted or made available to a State under this section shall be administered by the designated State entity, in accordance with the approved State plan. . (b) Training and technical assistance Part B of chapter 1 of title VII is amended by inserting after section 711 ( 29 U.S.C. 796e ) the following: 711A. Training and technical assistance (a) From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2015, the Administrator shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide, either directly or through grants, contracts, or cooperative agreements, training and technical assistance to Statewide Independent Living Councils established under section 705 for such fiscal year. (b) The Administrator shall conduct a survey of such Statewide Independent Living Councils regarding training and technical assistance needs in order to determine funding priorities for such training and technical assistance. (c) To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, an entity shall submit an application to the Administrator at such time, in such manner, containing a proposal to provide such training and technical assistance, and containing such additional information, as the Administrator may require. The Administrator shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the operation of such Statewide Independent Living Councils. . (c) Payments Section 712(a) ( 29 U.S.C. 796e–1(a) ) is amended by striking Commissioner and inserting Administrator . (d) Authorized uses of funds Section 713 ( 29 U.S.C. 796e–2 ) is amended— (1) by striking the matter preceding paragraph (1) and inserting the following: (a) In General The State may use funds received under this part to provide the resources described in section 705(e) (but may not use more than 30 percent of the funds paid to the State under section 712 for such resources unless the State specifies that a greater percentage of the funds is needed for such resources in a State plan approved under section 706), relating to the Statewide Independent Living Council, may retain funds under section 704(c)(5), and shall distribute the remainder of the funds received under this part in a manner consistent with the approved State plan for the activities described in subsection (b). (b) Activities The State may use the remainder of the funds described in subsection (a)— ; and (2) in paragraph (1), by inserting , particularly those in unserved areas of the State after disabilities . (e) Authorization of appropriations Section 714 ( 29 U.S.C. 796e–3 ) is amended by striking such sums as may be necessary for each of the fiscal years 1999 through 2003. and inserting $22,878,000 for fiscal year 2015, $24,645,000 for fiscal year 2016, $25,156,000 for fiscal year 2017, $25,714,000 for fiscal year 2018, $26,319,000 for fiscal year 2019, and $26,877,000 for fiscal year 2020. . C Centers for independent living 481. Program authorization Section 721 ( 29 U.S.C. 796f ) is amended— (1) in subsection (a)— (A) by striking 1999 and inserting 2015 ; (B) by striking Commissioner shall allot and inserting Administrator shall make available ; and (C) by inserting , centers for independent living, after States ; (2) in subsection (b)— (A) in paragraph (1)— (i) in the paragraph heading, by striking other arrangements and inserting cooperative agreements ; (ii) by striking For and all that follows through Commissioner and inserting From the funds appropriated to carry out this part for any fiscal year, beginning with fiscal year 2015, the Administrator ; (iii) by striking reserve from such excess and inserting reserve not less than 1.8 percent and not more than 2 percent of the funds ; and (iv) by striking eligible agencies and all that follows and inserting centers for independent living and eligible agencies for such fiscal year. ; (B) in paragraph (2)— (i) by striking Commissioner shall make grants to, and enter into contracts and other arrangements with, and inserting Administrator shall make grants to, or enter into contracts or cooperative agreements with, ; and (ii) by inserting fiscal management of, before planning, ; (C) in paragraphs (3), (4), and (5), by striking Commissioner each place it appears and inserting Administrator ; and (D) in paragraph (3), by striking Statewide Independent Living Councils and ; (3) in paragraph (4), by striking other arrangement and inserting cooperative agreement ; (4) in subsection (c), by striking Commissioner each place it appears and inserting Administrator ; and (5) in subsection (d), by striking Commissioner each place it appears and inserting Administrator . 482. Centers (a) Centers in States in which Federal funding exceeds State funding Section 722 ( 29 U.S.C. 796f–1 ) is amended— (1) in subsections (a), (b), and (c), by striking Commissioner each place it appears and inserting Administrator ; (2) in subsection (c)— (A) by striking grants and inserting grants for a fiscal year ; and (B) by striking by September 30, 1997 and inserting for the preceding fiscal year ; (3) in subsection (d)— (A) in paragraph (1)— (i) by striking Commissioner and inserting Administrator ; and (ii) by striking region, consistent and all that follows and inserting region. The Administrator's determination of the most qualified applicant shall be consistent with the provisions in the State plan setting forth the design of the State for establishing a statewide network of centers for independent living. ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking Commissioner and inserting Administrator ; and (ii) by striking subparagraph (A) and inserting the following: (A) shall consider comments regarding the application— (i) by individuals with disabilities and other interested parties within the new region proposed to be served; and (ii) if any, by the Statewide Independent Living Council in the State in which the applicant is located; ; and (4) in subsections (e) and (g) by striking Commissioner each place it appears and inserting Administrator. . (b) Centers in States in which State funding exceeds Federal funding Section 723 ( 29 U.S.C. 796f–2 ) is amended— (1) in subsections (a), (b), (g), (h), and (i), by striking Commissioner each place it appears and inserting Administrator ; (2) in subsection (a)— (A) in paragraph (1)(A)(ii), by inserting of a designated State unit after director ; and (B) in the heading of paragraph (3), by striking commissioner and inserting administrator ; and (3) in subsection (c)— (A) by striking grants and inserting grants for a fiscal year ; and (B) by striking by September 30, 1997 and inserting for the preceding fiscal year . (c) Centers operated by State agencies Section 724 ( 29 U.S.C. 796f–3 ) is amended— (1) in the matter preceding paragraph (1)— (A) by striking 1993 and inserting 2015 ; (B) by striking Rehabilitation Act Amendments of 1998 and inserting Workforce Innovation and Opportunity Act ; and (C) by striking 1994 and inserting 2015 ; and (2) by striking Commissioner each place it appears and inserting Administrator . 483. Standards and assurances Section 725 ( 29 U.S.C. 796f–4 ) is amended— (1) in subsection (b)(1)(D)— (A) by striking access of and inserting access for ; and (B) by striking to society and and inserting , within their communities, ; and (2) in subsection (c), by striking Commissioner each place it appears and inserting Administrator . 484. Authorization of appropriations Section 727 ( 29 U.S.C. 796f–6 ) is amended by striking such sums as may be necessary for each of the fiscal years 1999 through 2003. and inserting $78,305,000 for fiscal year 2015, $84,353,000 for fiscal year 2016, $86,104,000 for fiscal year 2017, $88,013,000 for fiscal year 2018, $90,083,000 for fiscal year 2019, and $91,992,000 for fiscal year 2020. . 2 Independent Living Services for Older Individuals who are Blind 486. Independent living services for older individuals who are blind Chapter 2 of title VII ( 29 U.S.C. 796j et seq. ) is amended by inserting after section 751 the following: 751A. Training and technical assistance (a) From the funds appropriated and made available to carry out this chapter for any fiscal year, beginning with fiscal year 2015, the Commissioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide, either directly or through grants, contracts, or cooperative agreements, training and technical assistance to designated State agencies, or other providers of independent living services for older individuals who are blind, that are funded under this chapter for such fiscal year. (b) The Commissioner shall conduct a survey of designated State agencies that receive grants under section 752 regarding training and technical assistance needs in order to determine funding priorities for such training and technical assistance. (c) To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, an entity shall submit an application to the Commissioner at such time, in such manner, containing a proposal to provide such training and technical assistance, and containing such additional information, as the Commissioner may require. The Commissioner shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the provision of services to older individuals who are blind. . 487. Program of grants Section 752 ( 29 U.S.C. 796k ) is amended— (1) by striking subsection (h); (2) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively; (3) in subsection (c)(2)— (A) by striking subsection (j) and inserting subsection (i) ; and (B) by striking subsection (i) and inserting subsection (h) ; (4) in subsection (g), by inserting , or contracts or cooperative agreements with, after grants to ; (5) in subsection (h), as redesignated by paragraph (2)— (A) in paragraph (1), by striking subsection (j)(4) and inserting subsection (i)(4) ; and (B) in paragraph (2)— (i) in subparagraph (A)(vi), by adding and after the semicolon; (ii) in subparagraph (B)(ii)(III), by striking ; and and inserting a period; and (iii) by striking subparagraph (C); and (6) in subsection (i), as redesignated by paragraph (2)— (A) in paragraph (2)(A)(ii), by inserting , and not reserved under section 751A, after section 753 ; (B) in paragraph (3)(A), by inserting , and not reserved under section 751A, after section 753 ; and (C) in paragraph (4)(B)(i), by striking subsection (i) and inserting subsection (h) . 488. Independent living services for older individuals who are blind authorization of appropriations Section 753 ( 29 U.S.C. 796l ) is amended by striking such sums as may be necessary for each of the fiscal years 1999 through 2003. and inserting $33,317,000 for fiscal year 2015, $35,890,000 for fiscal year 2016, $36,635,000 for fiscal year 2017, $37,448,000 for fiscal year 2018, $38,328,000 for fiscal year 2019, and $39,141,000 for fiscal year 2020. . I General provisions 491. Transfer of functions regarding independent living to Department of Health and Human Services, and savings provisions (a) Definitions For purposes of this section, unless otherwise provided or indicated by the context— (1) the term Administration for Community Living means the Administration for Community Living of the Department of Health and Human Services; (2) the term Federal agency has the meaning given to the term agency by section 551(1) of title 5, United States Code; (3) the term function means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (4) the term Rehabilitation Services Administration means the Rehabilitation Services Administration of the Office of Special Education and Rehabilitative Services of the Department of Education. (b) Transfer of functions There are transferred to the Administration for Community Living, all functions which the Commissioner of the Rehabilitation Services Administration exercised before the effective date of this section (including all related functions of any officer or employee of that Administration) under chapter 1 of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796 et seq). (c) Personnel Determinations by the office of management and budget The Office of Management and Budget shall— (1) ensure that this section does not result in any net increase in full-time equivalent employees at any Federal agency impacted by this section; and (2) not later than 1 year after the effective date of this section, certify compliance with this subsection to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (d) Delegation and assignment Except where otherwise expressly prohibited by law or otherwise provided by this section, the Administrator of the Administration for Community Living may delegate any of the functions transferred to the Administrator of such Administration by subsection (b) and any function described in subsection (b) that was transferred or granted to such Administrator after the effective date of this section to such officers and employees of such Administration as the Administrator may designate, and may authorize successive redelegations of such functions described in subsection (b) as may be necessary or appropriate. No delegation of such functions by the Administrator of the Administration for Community Living under this subsection or under any other provision of this section shall relieve such Administrator of responsibility for the administration of such functions. (e) Reorganization Except where otherwise expressly prohibited by law or otherwise provided by this Act, the Administrator of the Administration for Community Living is authorized to allocate or reallocate any function transferred under subsection (b) among the officers of such Administration, and to consolidate, alter, or discontinue such organizational entities in such Administration as may be necessary or appropriate. (f) Rules The Administrator of the Administration for Community Living is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as that Administrator determines necessary or appropriate to administer and manage the functions described in subsection (b) of that Administration. (g) Transfer and allocations of appropriations and personnel Except as otherwise provided in this section, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by subsection (b), subject to section 1531 of title 31, United States Code, shall be transferred to the Administration for Community Living. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated. (h) Incidental transfers The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such determinations as may be necessary with regard to the functions transferred by subsection (b), and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this section. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this section and for such further measures and dispositions as may be necessary to effectuate the purposes of this section, with respect to such functions. (i) Savings provisions (1) Continuing effect of legal documents All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions— (A) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under subsection (b); and (B) which are in effect at the time this section takes effect, or were final before the effective date of this section and are to become effective on or after the effective date of this section, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Administrator of the Administration for Community Living or other authorized official, a court of competent jurisdiction, or by operation of law. (2) Proceedings not affected The provisions of this section shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Rehabilitation Services Administration at the time this section takes effect, with respect to functions transferred by subsection (b) but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (3) Suits not affected The provisions of this section shall not affect suits commenced (with respect to functions transferred under subsection (b)) before the effective date of this section, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted. (4) Nonabatement of actions No suit, action, or other proceeding commenced by or against the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)), or by or against any individual in the official capacity of such individual as an officer of the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)), shall abate by reason of the enactment of this section. (5) Administrative actions relating to promulgation of regulations Any administrative action relating to the preparation or promulgation of a regulation by the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)) may be continued by the Administration for Community Living with the same effect as if this section had not been enacted. (j) Separability If a provision of this section or its application to any person or circumstance is held invalid, neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected. (k) References A reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to— (1) the Commissioner of the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)), shall be deemed to refer to the Administrator of the Administration for Community Living; and (2) the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)), shall be deemed to refer to the Administration for Community Living. (l) Transition The Administrator of the Administration for Community Living is authorized to utilize— (1) the services of such officers, employees, and other personnel of the Rehabilitation Services Administration with regard to functions transferred under subsection (b); and (2) funds appropriated to such functions, for such period of time as may reasonably be needed to facilitate the orderly implementation of this section. (m) Administration for Community Living (1) Transfer of functions There are transferred to the Administration for Community Living, all functions which the Commissioner of the Rehabilitation Services Administration exercised before the effective date of this section (including all related functions of any officer or employee of that Administration) under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ). (2) Administrative matters Subsections (d) through (l) shall apply to transfers described in paragraph (1). (n) National Institute on Disability, Independent Living, and Rehabilitation Research (1) Definitions For purposes of this subsection, unless otherwise provided or indicated by the context— (A) the term NIDILRR means the National Institute on Disability, Independent Living, and Rehabilitation Research of the Administration for Community Living of the Department of Health and Human Services; and (B) the term NIDRR means the National Institute on Disability and Rehabilitation Research of the Office of Special Education and Rehabilitative Services of the Department of Education. (2) Transfer of functions There are transferred to the NIDILRR, all functions which the Director of the NIDRR exercised before the effective date of this section (including all related functions of any officer or employee of the NIDRR). (3) Administrative matters (A) In general Subsections (d) through (l) shall apply to transfers described in paragraph (2). (B) References For purposes of applying those subsections under subparagraph (A), those subsections— (i) shall apply to the NIDRR and the Director of the NIDRR in the same manner and to the same extent as those subsections apply to the Rehabilitation Services Administration and the Commissioner of that Administration; and (ii) shall apply to the NIDILRR and the Director of the NIDILRR in the same manner and to the same extent as those subsections apply to the Administration for Community Living and the Administrator of that Administration. (o) References in Assistive Technology Act of 1998 (1) Secretary Section 3(13) of the Assistive Technology Act of 1998 ( 29 U.S.C. 3002(13) ) is amended by striking Education and inserting Health and Human Services . (2) National activities Section 6(d)(4) of the Assistive Technology Act of 1998 ( 29 U.S.C. 3005(d)(4) ) is amended by striking Education and inserting Health and Human Services . (3) General administration Section 7 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3006 ) is amended— (A) in subsection (a)— (i) in paragraph (1), by striking the Assistant Secretary and all that follows through Rehabilitation Services Administration, and inserting the Administrator of the Administration for Community Living ; (ii) in paragraph (2), by striking The Assistant Secretary and all that follows and inserting The Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act. ; and (iii) in paragraph (3), by striking the Rehabilitation Services Administration and inserting the Administrator of the Administration for Community Living ; and (B) in subsection (c)(5), by striking Education and inserting Health and Human Services . 492. Table of contents The table of contents in section 1(b) is amended— (1) by striking the item relating to section 109 and inserting the following: Sec. 109. Training and services for employers. ; (2) by inserting after the item relating to section 112 the following: Sec. 113. Provision of pre-employment transition services. ; (3) by striking the item relating to section 202 and inserting the following: Sec. 202. National Institute on Disability, Independent Living, and Rehabilitation Research. ; (4) by striking the item relating to section 205 and inserting the following: Sec. 205. Disability, Independent Living, and Rehabilitation Research Advisory Council. Sec. 206. Definition of covered school. ; (5) by striking the items relating to sections 304, 305, and 306 and inserting the following: Sec. 304. Measuring of project outcomes and performance. . (6) by inserting after the item relating to section 509 the following: Sec. 511. Limitations on use of subminimum wage. ; (7) by striking the items relating to title VI and inserting the following: TITLE VI—EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES Sec. 601. Short title. Sec. 602. Purpose. Sec. 603. Allotments. Sec. 604. Availability of services. Sec. 605. Eligibility. Sec. 606. State plan. Sec. 607. Restriction. Sec. 608. Savings provision. Sec. 609. Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities. Sec. 610. Authorization of appropriations. ; and (8) in the items relating to title VII— (A) (i) by inserting after the item relating to section 701 the following: Sec. 701A. Administration of the independent living program. ; and (ii) by striking the item relating to section 706 and inserting the following: Sec. 706. Responsibilities of the Administrator. ; (B) by inserting after the item relating to section 711 the following: Sec. 711A. Training and technical assistance. ; and (C) by inserting after the item relating to section 751 the following: Sec. 751A. Training and technical assistance. . V General provisions A Workforce investment 501. Privacy (a) Section 444 of the General Education Provisions Act Nothing in this Act (including the amendments made by this Act) shall be construed to supersede the privacy protections afforded parents and students under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (b) Prohibition on Development of National Database (1) In general Nothing in this Act (including the amendments made by this Act) shall be construed to permit the development of a national database of personally identifiable information on individuals receiving services under title I or under the amendments made by title IV. (2) Limitation Nothing in paragraph (1) shall be construed to prevent the proper administration of national programs under subtitles C and D of title I, or the amendments made by title IV (as the case may be), or to carry out program management activities consistent with title I or the amendments made by title IV (as the case may be). 502. Buy-American requirements (a) Compliance with buy american act None of the funds made available under title I or II or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) may be expended by an entity unless the entity agrees that in expending the funds the entity will comply with sections 8301 through 8303 of title 41, United States Code (commonly known as the Buy American Act ). (b) Sense of congress; requirement regarding notice (1) Purchase of american-made equipment and products In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available under title I or II or under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), it is the sense of Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products. (2) Notice to recipients of assistance In providing financial assistance using funds made available under title I or II or under the Wagner-Peyser Act, the head of each Federal agency shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by Congress. (c) Prohibition of contracts with persons falsely labeling products as made in america If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available under title I or II or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations, as such sections were in effect on August 7, 1998, or pursuant to any successor regulations. 503. Transition provisions (a) Workforce development systems and investment activities The Secretary of Labor and the Secretary of Education shall take such actions as the Secretaries determine to be appropriate to provide for the orderly transition from any authority under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) to any authority under subtitle A of title I. Such actions shall include the provision of guidance related to unified State planning, combined State planning, and the performance accountability system described in such subtitle. (b) Workforce investment activities The Secretary of Labor shall take such actions as the Secretary determines to be appropriate to provide for the orderly transition from any authority under the Workforce Investment Act of 1998 to any authority under subtitles B through E of title I. (c) Adult education and literacy programs The Secretary of Education shall take such actions as the Secretary determines to be appropriate to provide for the orderly transition from any authority under the Adult Education and Family Literacy Act ( 20 U.S.C. 9201 et seq. ), as in effect on the day before the date of enactment of this Act, to any authority under the Adult Education and Family Literacy Act, as amended by this Act. (d) Employment services activities The Secretary of Labor shall take such actions as the Secretary determines to be appropriate to provide for the orderly transition from any authority under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), as in effect on the day before the date of enactment of this Act, to any authority under the Wagner-Peyser Act, as amended by this Act. (e) Vocational rehabilitation programs The Secretary of Education and the Secretary of Health and Human Services shall take such actions as the Secretaries determine to be appropriate to provide for the orderly transition from any authority under the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ), as in effect on the day before the date of enactment of this Act, to any authority under the Rehabilitation Act of 1973, as amended by this Act. (f) Regulations (1) Proposed regulations Not later than 180 days after the date of enactment of this Act, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services, as appropriate, shall develop and publish in the Federal Register proposed regulations relating to the transition to, and implementation of, this Act (including the amendments made by this Act). (2) Final regulations Not later than 18 months after the date of enactment of this Act, the Secretaries described in paragraph (1), as appropriate, shall develop and publish in the Federal Register final regulations relating to the transition to, and implementation of, this Act (including the amendments made by this Act). (g) Expenditure of funds during transition (1) In general Subject to paragraph (2) and in accordance with regulations developed under subsection (f), States, grant recipients, administrative entities, and other recipients of financial assistance under the Workforce Investment Act of 1998 may expend funds received under such Act in order to plan and implement programs and activities authorized under this Act. (2) Additional requirements Not more than 2 percent of any allotment to any State from amounts appropriated under the Workforce Investment Act of 1998 for fiscal year 2014 may be made available to carry out activities authorized under paragraph (1) and not less than 50 percent of any amount used to carry out activities authorized under paragraph (1) shall be made available to local entities for the purposes of the activities described in such paragraph. 504. Reduction of reporting burdens and requirements In order to simplify reporting requirements and reduce reporting burdens, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services shall establish procedures and criteria under which a State board and local board may reduce reporting burdens and requirements under this Act (including the amendments made by this Act). 505. Report on data capability of Federal and State databases and data exchange agreements (a) In general The Comptroller General of the United States shall prepare and submit an interim report and a final report to Congress regarding existing Federal and State databases and data exchange agreements, as of the date of the report, that contain job training information relevant to the administration of programs authorized under this Act and the amendments made by this Act. (b) Requirements The report required under subsection (a) shall— (1) list existing Federal and State databases and data exchange agreements described in subsection (a) and, for each, describe— (A) the purposes of the database or agreement; (B) the data elements, such as wage and employment outcomes, contained in the database or accessible under the agreement; (C) the data elements described in subparagraph (B) that are shared between States; (D) the Federal and State workforce training programs from which each Federal and State database derives the data elements described in subparagraph (B); (E) the number and type of Federal and State agencies having access to such data; (F) the number and type of private research organizations having access to, through grants, contracts, or other agreements, such data; and (G) whether the database or data exchange agreement provides for opt-out procedures for individuals whose data is shared through the database or data exchange agreement; (2) study the effects that access by State workforce agencies and the Secretary of Labor to the databases and data exchange agreements described in subsection (a) would have on efforts to carry out this Act and the amendments made by this Act, and on individual privacy; (3) explore opportunities to enhance the quality, reliability, and reporting frequency of the data included in such databases and data exchange agreements; (4) describe, for each database or data exchange agreement considered by the study described in subsection (a), the number of individuals whose data is contained in each database or accessible through the data agreement, and the specific data elements contained in each that could be used to personally identify an individual; (5) include the number of data breaches having occurred since 2004 to data systems administered by Federal and State agencies; (6) include the number of data breaches regarding any type of personal data having occurred since 2004 to private research organizations with whom Federal and State agencies contract for studies; and (7) include a survey of the security protocols used for protecting personal data, including best practices shared amongst States for access to, and administration of, data elements stored and recommendations for improving security protocols for the safe warehousing of data elements. (c) Timing of reports (1) Interim report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall prepare and submit to Congress an interim report regarding the initial findings of the report required under this section. (2) Final report Not later than 18 months after the date of enactment of this Act, the Comptroller General shall prepare and submit to Congress the final report required under this section. 506. Effective dates (a) In general Except as otherwise provided in this Act, this Act, including the amendments made by this Act, shall take effect on the first day of the first full program year after the date of enactment of this Act. (b) Application date for workforce development performance accountability system (1) In general Section 136 of the Workforce Investment Act of 1998 (29 U.S.C. 2871), as in effect on the day before the date of enactment of this Act, shall apply in lieu of section 116 of this Act, for the first full program year after the date of enactment of this Act. (2) Special provisions For purposes of the application described in paragraph (1)— (A) except as otherwise specified, a reference in section 136 of the Workforce Investment Act of 1998 to a provision in such Act (29 U.S.C. 2801 et seq.), other than to a provision in such section or section 112 of such Act, shall be deemed to refer to the corresponding provision of this Act; (B) the terms local area , local board , one-stop partner , and State board have the meanings given the terms in section 3 of this Act; (C) except as provided in subparagraph (B), terms used in such section 136 shall have the meanings given the terms in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801); (D) any agreement negotiated and reached under section 136(c)(2) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(c)(2) ) shall remain in effect, until a new agreement is so negotiated and reached, for that first full program year; (E) if a State or local area fails to meet levels of performance under subsection (g) or (h), respectively, of section 136 of the Workforce Investment Act of 1998 during that first full program year, the sanctions provided under such subsection shall apply during the second full program year after the date of enactment of this Act; and (F) the Secretary shall use an amount retained, as a result of a reduction in an allotment to a State made under section 136(g)(1)(B) of such Act ( 29 U.S.C. 2871(g)(1)(B) ), to provide technical assistance as described in subsections (f)(1) and (g)(1) of section 116 of this Act, in lieu of incentive grants under section 503 of the Workforce Investment Act of 1998 (20 U.S.C. 9273) as provided in section 136(g)(2) of such Act ( 29 U.S.C. 2871(g)(2) ). (c) Application date for State and local plan provisions (1) Implementation Sections 112 and 118 of the Workforce Investment Act of 1998 (29 U.S.C. 2822, 2833), as in effect on the day before the date of enactment of this Act, shall apply to implementation of State and local plans, in lieu of sections 102 and 103, and section 108, respectively, of this Act, for the first full program year after the date of enactment of this Act. (2) Special provisions For purposes of the application described in paragraph (1)— (A) except as otherwise specified, a reference in section 112 or 118 of the Workforce Investment Act of 1998 to a provision in such Act (29 U.S.C. 2801 et seq.), other than to a provision in or to either such section or to section 136 of such Act, shall be deemed to refer to the corresponding provision of this Act; (B) the terms local area , local board , one-stop partner , and State board have the meanings given the terms in section 3 of this Act; (C) except as provided in subparagraph (B), terms used in such section 112 or 118 shall have the meanings given the terms in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801); and (D) section 112(b)(18)(D) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b)(18)(D)) shall not apply. (3) Submission Sections 102, 103, and 108 of this Act shall apply to plans for the second full program year after the date of enactment, including the development, submission, and approval of such plans during the first full program year after such date. (d) Disability provisions Except as otherwise provided in title IV of this Act, title IV, and the amendments made by title IV, shall take effect on the date of enactment of this Act. B Amendments to other laws 511. Repeal of the Workforce Investment Act of 1998 (a) Workforce Investment Act of 1998 The Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) is repealed. (b) Grants to States for workplace and community transition training for incarcerated individuals Section 821 of the Higher Education Amendments of 1998 ( 20 U.S.C. 1151 ) is repealed. 512. Conforming amendments (a) American Competitiveness and Workforce Improvement Act of 1998 Section 414(c)(3)(C) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a(3)(C)) is amended by striking entities involved in administering the workforce investment system established under title I of the Workforce Investment Act of 1998 and inserting entities involved in administering the workforce development system, as defined in section 3 of the Workforce Innovation and Opportunity Act . (b) Assistive Technology Act of 1998 The Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ) is amended as follows: (1) Section 3(1)(C) of such Act ( 29 U.S.C. 3002(1)(C) ) is amended by striking such as a one-stop partner, as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) and inserting such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act . (2) Section 4 of such Act ( 29 U.S.C. 3003 ) is amended— (A) in subsection (c)(2)(B)(i)(IV), by striking a representative of the State workforce investment board established under section 111 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2821 ) and inserting a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ; and (B) in subsection (e)— (i) in paragraph (2)(D)(i), by striking such as one-stop partners, as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801), and inserting such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act, ; and (ii) in paragraph (3)(B)(ii)(I)(aa), by striking with entities in the statewide and local workforce investment systems established under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), and inserting with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act, . (c) Alaska Natural Gas Pipeline Act Section 113(a)(2) of the Alaska Natural Gas Pipeline Act ( 15 U.S.C. 720k(a)(2) ) is amended by striking consistent with the vision and goals set forth in the State of Alaska Unified Plan, as developed pursuant to the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting consistent with the vision and goals set forth in the State of Alaska unified plan or combined plan, as appropriate, as developed pursuant to section 102 or 103, as appropriate, of the Workforce Innovation and Opportunity Act . (d) Atomic Energy Defense Act Section 4604(c)(6)(A) of the Atomic Energy Defense Act ( 50 U.S.C. 2704(c)(6)(A) ) is amended by striking programs carried out by the Secretary of Labor under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting programs carried out by the Secretary of Labor under title I of the Workforce Innovation and Opportunity Act . (e) Carl D. Perkins Career and Technical Education Act of 2006 The Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ) is amended as follows: (1) Section 118(d)(2) of such Act ( 20 U.S.C. 2328(d)(2) ) is amended— (A) in the paragraph heading, by striking Public law 105–220 and inserting Workforce Innovation and Opportunity Act ; and (B) by striking functions and activities carried out under Public Law 105–220 and inserting functions and activities carried out under the Workforce Innovation and Opportunity Act . (2) Section 121(a)(4) of such Act ( 20 U.S.C. 2341(a)(4) ) is amended— (A) in subparagraph (A), by striking activities undertaken by the State boards under section 111 of Public Law 105–220 and inserting activities undertaken by the State boards under section 101 of the Workforce Innovation and Opportunity Act ; and (B) in subparagraph (B), by striking the service delivery system under section 121 of Public Law 105–220 and inserting the one-stop delivery system under section 121 of the Workforce Innovation and Opportunity Act . (3) Section 122 of such Act ( 20 U.S.C. 2342 ) is amended— (A) in subsection (b)(1)(A)(viii), by striking entities participating in activities described in section 111 of Public Law 105–220 and inserting entities participating in activities described in section 101 of the Workforce Innovation and Opportunity Act ; (B) in subsection (c)(20), by striking the description and information specified in sections 112(b)(8) and 121(c) of Public Law 105–220 concerning the provision of services only for postsecondary students and school dropouts and inserting the description and information specified in subparagraphs (B) and (C)(iii) of section 102(b)(2), and, as appropriate, section 103(b)(3)(A), and section 121(c), of the Workforce Innovation and Opportunity Act concerning the provision of services only for postsecondary students and school dropouts ; and (C) in subsection (d)(2)— (i) in the paragraph heading, by striking 501 plan and inserting combined plan ; and (ii) by striking as part of the plan submitted under section 501 of Public Law 105–220 and inserting as part of the plan submitted under section 103 of the Workforce Innovation and Opportunity Act . (4) Section 124(c)(13) of such Act ( 20 U.S.C. 2344(c)(13) ) is amended by striking such as through referral to the system established under section 121 of Public Law 105–220 and inserting such as through referral to the system established under section 121 of the Workforce Innovation and Opportunity Act . (5) Section 134(b)(5) of such Act ( 20 U.S.C. 2354(b)(5) ) is amended by striking entities participating in activities described in section 117 of Public Law 105–220 (if applicable) and inserting entities participating in activities described in section 107 of the Workforce Innovation and Opportunity Act (if applicable) . (6) Section 135(c)(16) of such Act ( 20 U.S.C. 2355(c)(16) ) is amended by striking such as through referral to the system established under section 121 of Public Law 105–220 (29 U.S.C. 2801 et seq.) and inserting such as through referral to the system established under section 121 of the Workforce Innovation and Opportunity Act . (7) Section 321(b)(1) of such Act ( 20 U.S.C. 2411(b)(1) ) is amended by striking Chapters 4 and 5 of subtitle B of title I of Public Law 105–220 and inserting Chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act . (f) Community Services Block Grant Act Section 676(b)(5) of the Community Services Block Grant Act ( 42 U.S.C. 9908(b)(5) ) is amended by striking the eligible entities will coordinate the provision of employment and training activities, as defined in section 101 of such Act, in the State and in communities with entities providing activities through statewide and local workforce investment systems under the Workforce Investment Act of 1998 and inserting the eligible entities will coordinate the provision of employment and training activities, as defined in section 3 of the Workforce Innovation and Opportunity Act, in the State and in communities with entities providing activities through statewide and local workforce development systems under such Act . (g) Compact of Free Association Amendments Act of 2003 The Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921 et seq. ) is amended as follows: (1) Section 105(f)(1)(B)(iii) of such Act ( 48 U.S.C. 1921d(f)(1)(B)(iii) ) is amended by striking title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), other than subtitle C of that Act ( 29 U.S.C. 2881 et seq. ) (Job Corps), title II of the Workforce Investment Act of 1998 ( 20 U.S.C. 9201 et seq. ; commonly known as the Adult Education and Family Literacy Act), and inserting titles I (other than subtitle C) and II of the Workforce Innovation and Opportunity Act, . (2) Section 108(a) of such Act ( 48 U.S.C. 1921g(a) ) is amended by striking subtitle C of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2881 et seq. ; relating to Job Corps) and inserting subtitle C of title I of the Workforce Innovation and Opportunity Act (relating to Job Corps) . (h) Domestic Volunteer Service Act of 1973 Section 103(d) of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4953(d) ) is amended by striking employment. and all that follows and inserting the following: employment. Whenever feasible, such efforts shall be coordinated with an appropriate local workforce development board established under section 107 of the Workforce Innovation and Opportunity Act. . (i) Elementary and Secondary Education Act of 1965 The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended as follows: (1) Section 1203(c)(2)(A) of such Act ( 20 U.S.C. 6363(c)(2)(A) ) is amended— (A) by striking , in consultation with the National Institute for Literacy, ; and (B) by striking clause (ii); and (C) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively. (2) Section 1235(9)(B) of such Act ( 20 U.S.C. 6381d(9)(B) ) is amended by striking any relevant programs under the Adult Education and Family Literacy Act, the Individuals with Disabilities Education Act, and title I of the Workforce Investment Act of 1998 and inserting any relevant programs under the Adult Education and Family Literacy Act, the Individuals with Disabilities Education Act, and title I of the Workforce Innovation and Opportunity Act . (3) Section 1423(9) of such Act ( 20 U.S.C. 6453(9) ) is amended by striking a description of how the program under this subpart will be coordinated with other Federal, State, and local programs, such as programs under title I of Public Law 105–220 and inserting a description of how the program under this subpart will be coordinated with other Federal, State, and local programs, such as programs under title I of the Workforce Innovation and Opportunity Act . (4) Section 1425(9) of such Act ( 20 U.S.C. 6455(9) ) is amended by striking coordinate funds received under this subpart with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made available under title I of Public Law 105–220 , and inserting coordinate funds received under this subpart with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made available under title I of the Workforce Innovation and Opportunity Act, . (5) Section 7202(13)(H) of such Act ( 20 U.S.C. 7512(13)(H) ) is amended by striking the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting the Workforce Innovation and Opportunity Act . (j) Environmental Programs Assistance Act of 1984 Section 2(a) of the Environmental Programs Assistance Act of 1984 ( 42 U.S.C. 4368a(a) ) is amended by striking Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Investment Act of 1998 and inserting Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Innovation and Opportunity Act . (k) Energy Conservation and Production Act Section 414(b)(3) of the Energy Conservation and Production Act ( 42 U.S.C. 6864(b)(3) ) is amended by striking securing, to the maximum extent practicable, the services of volunteers and training participants and public service employment workers, pursuant to title I of the Workforce Investment Act of 1998 and inserting securing, to the maximum extent practicable, the services of volunteers and training participants and public service employment workers, pursuant to title I of the Workforce Innovation and Opportunity Act . (l) Food and Nutrition Act of 2008 The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) is amended as follows: (1) Section 5(l) of such Act ( 7 U.S.C. 2014(l) ) is amended by striking Notwithstanding section 181(a)(2) of the Workforce Investment Act of 1998, earnings to individuals participating in on-the-job-training under title I of the Workforce Investment Act of 1998 and inserting Notwithstanding section 181(a)(2) of the Workforce Innovation and Opportunity Act, earnings to individuals participating in on-the-job training under title I of such Act . (2) Section 6 of such Act ( 7 U.S.C. 2015 ) is amended— (A) in subsection (d)(4)(M), by striking activities under title I of the Workforce Investment Act of 1998 and inserting activities under title I of the Workforce Innovation and Opportunity Act ; (B) in subsection (e)(3)(A), by striking a program under title I of the Workforce Investment Act of 1998 and inserting a program under title I of the Workforce Innovation and Opportunity Act ; and (C) in subsection (o)(1)(A), by striking a program under the title I of the Workforce Investment Act of 1998 and inserting a program under title I of the Workforce Innovation and Opportunity Act . (3) Section 17(b)(2) of such Act ( 7 U.S.C. 2026(b)(2) ) is amended by striking a program carried out under title I of the Workforce Investment Act of 1998 and inserting a program carried out under title I of the Workforce Innovation and Opportunity Act . (m) Full Employment and Balanced Growth Act of 1978 Section 206 of the Full Employment and Balanced Growth Act of 1978 ( 15 U.S.C. 3116 ) is amended— (1) in subsection (b), in the matter preceding paragraph (1), by striking the Secretary of Labor shall, as appropriate, fully utilize the authority provided under the Job Training Partnership Act and title I of the Workforce Investment Act of 1998 and inserting the Secretary of Labor shall, as appropriate, fully utilize the authority provided under title I of the Workforce Innovation and Opportunity Act ; and (2) in subsection (c)(1), by striking the President shall, as may be authorized by law, establish reservoirs of public employment and private nonprofit employment projects, to be approved by the Secretary of Labor, through expansion of title I of the Workforce Investment Act of 1998 and inserting the President shall, as may be authorized by law, establish reservoirs of public employment and private nonprofit employment projects, to be approved by the Secretary of Labor, through expansion of activities under title I of the Workforce Innovation and Opportunity Act . (n) Higher Education Act of 1965 The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended as follows: (1) Section 418A of such Act ( 20 U.S.C. 1070d–2 ) is amended— (A) in subsection (b)(1)(B)(ii), by striking section 167 of the Workforce Investment Act of 1998 and inserting section 167 of the Workforce Innovation and Opportunity Act ; and (B) in subsection (c)(1)(A), by striking section 167 of the Workforce Investment Act of 1998 and inserting section 167 of the Workforce Innovation and Opportunity Act . (2) Section 479(d)(1) of such Act ( 20 U.S.C. 1087ss(d)(1) ) is amended by striking The term dislocated worker has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) and inserting The term dislocated worker has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act . (3) Section 479A(a) of such Act ( 20 U.S.C. 1087tt(a) ) is amended by striking a dislocated worker (as defined in section 101 of the Workforce Investment Act of 1998) and inserting a dislocated worker (as defined in section 3 of the Workforce Innovation and Opportunity Act) . (4) Section 480(b)(1)(I) of such Act ( 20 U.S.C. 1087vv(b)(1)(I) ) is amended by striking benefits received through participation in employment and training activities under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting benefits received through participation in employment and training activities under title I of the Workforce Innovation and Opportunity Act . (5) Section 803 of such Act ( 20 U.S.C. 1161c ) is amended— (A) in subsection (i)(1), by striking for changes to this Act and related Acts, such as the Carl D. Perkins Career and Technical Education Act of 2006 and the Workforce Investment Act of 1998 (including titles I and II), to help create and sustain business and industry workforce partnerships at institutions of higher education and inserting for changes to this Act and related Acts, such as the Carl D. Perkins Career and Technical Education Act of 2006 and the Workforce Innovation and Opportunity Act (including titles I and II), to help create and sustain business and industry workforce partnerships at institutions of higher education ; and (B) in subsection (j)(1)— (i) in subparagraph (A)(ii), by striking local board (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) and inserting local board (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act) ; and (ii) in subparagraph (B), by striking a State board (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) and inserting a State board (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act) . (6) Section 861(c)(1)(B) of such Act ( 20 U.S.C. 1161q(c)(1)(B) ) is amended by striking local boards (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) and inserting local boards (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act) . (7) Section 872(b)(2)(E) of such Act ( 20 U.S.C. 1161s(b)(2)(E) ) is amended by striking local boards (as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) and inserting local boards (as defined in section 3 of the Workforce Innovation and Opportunity Act) . (o) Housing Act of 1949 Section 504(c)(3) of the Housing Act of 1949 ( 42 U.S.C. 1474(c)(3) ) is amended by striking an insufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Investment Act of 1998 or the Older American Community Service Employment Act, and inserting an insufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Innovation and Opportunity Act or the Community Service Senior Opportunities Act, . (p) Housing and Urban Development Act of 1968 Section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701u ) is amended— (1) in subsection (c)— (A) in paragraph (1)(B)(iii), by striking participants in YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of 1998 and inserting participants in YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act ; and (B) in paragraph (2)(B), by striking participants in YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of 1998 and inserting participants in YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act ; and (2) in subsection (d)— (A) in paragraph (1)(B)(iii), by striking To YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of 1998 and inserting To YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act ; and (B) in paragraph (2)(B), by striking to YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of 1998 and inserting to YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act . (q) Immigration and Nationality Act Section 245A(h)(4)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1255a(h)(4)(F) ) is amended by striking Title I of the Workforce Investment Act of 1998 and inserting Title I of the Workforce Innovation and Opportunity Act . (r) Internal Revenue Code of 1986 Section 7527(e)(2) of the Internal Revenue Code of 1986 is amended by inserting (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act) after of 1998 . (s) McKinney-Vento Homeless Assistance Act Section 103(c)(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302(c)(2) ) is amended by striking a homeless individual shall be eligible for assistance under title I of the Workforce Investment Act of 1998 and inserting a homeless individual shall be eligible for assistance under title I of the Workforce Innovation and Opportunity Act . (t) Museum and Library Services Act The Museum and Library Services Act ( 20 U.S.C. 9101 et seq. ) is amended as follows: (1) Section 204(f)(3) of such Act ( 20 U.S.C. 9103(f)(3) ) is amended by striking activities under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) (including activities under section 134(c) of such Act) ( 29 U.S.C. 2864(c) ) and inserting activities under the Workforce Innovation and Opportunity Act (including activities under section 121(e) of such Act)) . (2) Section 224(b)(6)(C) of such Act ( 20 U.S.C. 9134(b)(6)(C) ) is amended— (A) in clause (i), by striking the activities carried out by the State workforce investment board under section 111(d) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2821(d) ) and inserting the activities carried out by the State workforce development board under section 101 of the Workforce Innovation and Opportunity Act ; and (B) in clause (ii), by striking the State's one-stop delivery system established under section 134(c) of such Act (29 U.S.C. 2864(c)) and inserting the State's one-stop delivery system established under section 121(e) of such Act . (u) National and Community Service Act of 1990 The National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq. ) is amended as follows: (1) Section 112(a)(3)(B) of such Act ( 42 U.S.C. 12523(a)(3)(B) ) is amended by striking or who may participate in a Youthbuild program under section 173A of the Workforce Investment Act of 1998 ( 29 U.S.C. 2918a ) and inserting or who may participate in a Youthbuild program under section 171 of the Workforce Innovation and Opportunity Act . (2) Section 199L(a) of such Act ( 42 U.S.C. 12655m(a) ) is amended by striking coordinated with activities supported with assistance made available under programs administered by the heads of such agencies (including title I of the Workforce Investment Act of 1998) and inserting coordinated with activities supported with assistance made available under programs administered by the heads of such agencies (including title I of the Workforce Innovation and Opportunity Act) . (v) National Energy Conservation Policy Act Section 233 of the National Energy Conservation and Policy Act ( 42 U.S.C. 6873 ) is amended, in the matter preceding paragraph (1), by striking a sufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Investment Act of 1998 and the Older American Community Service Employment Act and inserting a sufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Innovation and Opportunity Act and the Community Service Senior Opportunities Act . (w) Older Americans Act of 1965 The Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ) is amended as follows: (1) Section 203 of such Act ( 42 U.S.C. 3013 ) is amended— (A) in subsection (a)(2), by striking In particular, the Secretary of Labor shall consult and cooperate with the Assistant Secretary in carrying out title I of the Workforce Investment Act of 1998 and inserting In particular, the Secretary of Labor shall consult and cooperate with the Assistant Secretary in carrying out title I of the Workforce Innovation and Opportunity Act ; and (B) in subsection (b)(1), by striking title I of the Workforce Investment Act of 1998 and inserting title I of the Workforce Innovation and Opportunity Act . (2) Section 321(a)(12) of such Act ( 42 U.S.C. 3030d(a)(12) ) is amended by striking including programs carried out under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting including programs carried out under the Workforce Innovation and Opportunity Act . (3) Section 502 of such Act ( 42 U.S.C. 3056 ) is amended— (A) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (H), by striking will coordinate activities with training and other services provided under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), including utilizing the one-stop delivery system of the local workforce investment areas involved and inserting will coordinate activities with training and other services provided under title I of the Workforce Innovation and Opportunity Act, including utilizing the one-stop delivery system of the local workforce development areas involved ; (II) in subparagraph (O)— (aa) by striking through the one-stop delivery system of the local workforce investment areas involved as established under section 134(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(c) ), and inserting through the one-stop delivery system of the local workforce development areas involved as established under section 121(e) of the Workforce Innovation and Opportunity Act, ; and (bb) by striking and will be involved in the planning and operations of such system pursuant to a memorandum of understanding with the local workforce investment board in accordance with section 121(c) of such Act ( 29 U.S.C. 2841(c) ) and inserting and will be involved in the planning and operations of such system pursuant to a memorandum of understanding with the local workforce development board in accordance with section 121(c) of such Act ; and (III) in subparagraph (Q)— (aa) in clause (i), by striking paragraph (8), relating to coordination with other Federal programs, of section 112(b) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822(b) ) and inserting clauses (ii) and (viii) of paragraph (2)(B), relating to coordination with other Federal programs, of section 102(b) of the Workforce Innovation and Opportunity Act ; and (bb) in clause (ii), by striking paragraph (14), relating to implementation of one-stop delivery systems, of section 112(b) of the Workforce Investment Act of 1998 and inserting paragraph (2)(C)(i), relating to implementation of one-stop delivery systems, of section 102(b) of the Workforce Innovation and Opportunity Act ; and (ii) in paragraph (3)— (I) in subparagraph (A), by striking An assessment and service strategy required by paragraph (1)(N) to be prepared for an eligible individual shall satisfy any condition for an assessment and service strategy or individual employment plan for an adult participant under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), in order to determine whether such eligible individual also qualifies for intensive or training services described in section 134(d) of such Act ( 29 U.S.C. 2864(d) ). and inserting An assessment and service strategy required by paragraph (1)(N) to be prepared for an eligible individual shall satisfy any condition for an assessment and service strategy or individual employment plan for an adult participant under subtitle B of title I of the Workforce Innovation and Opportunity Act, in order to determine whether such eligible individual also qualifies for career or training services described in section 134(c) of such Act. ; and (II) in subparagraph (B)— (aa) in the subparagraph heading, by striking workforce Investment Act of 1998 and inserting workforce Innovation and Opportunity Act ; and (bb) by striking An assessment and service strategy or individual employment plan prepared under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ) and inserting An assessment and service strategy or individual employment plan prepared under subtitle B of title I of the Workforce Innovation and Opportunity Act ; and (B) in subsection (e)(2)(B)(ii), by striking one-stop delivery systems established under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) and inserting one-stop delivery systems established under section 121(e) of the Workforce Innovation and Opportunity Act . (4) Section 503 of such Act ( 42 U.S.C. 3056a ) is amended— (A) in subsection (a)— (i) in paragraph (2)(A), by striking the State and local workforce investment boards established under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting the State and local workforce development boards established under title I of the Workforce Innovation and Opportunity Act ; and (ii) in paragraph (4)(F), by striking plans for facilitating the coordination of activities of grantees in the State under this title with activities carried out in the State under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting plans for facilitating the coordination of activities of grantees in the State under this title with activities carried out in the State under title I of the Workforce Innovation and Opportunity Act ; and (B) in subsection (b)(2)(A), by striking with the program carried out under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting with the program carried out under the Workforce Innovation and Opportunity Act . (5) Section 505(c)(1) ( 42 U.S.C. 3056c(c)(1) ) of such Act is amended by striking activities carried out under other Acts, especially activities provided under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), including activities provided through one-stop delivery systems established under section 134(c)) of such Act ( 29 U.S.C. 2864(c) ), and inserting activities carried out under other Acts, especially activities provided under the Workforce Innovation and Opportunity Act, including activities provided through one-stop delivery systems established under section 121(e) of such Act, . (6) Section 510 of such Act ( 42 U.S.C. 3056h ) is amended— (A) by striking by local workforce investment boards and one-stop operators established under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting by local workforce development boards and one-stop operators established under title I of the Workforce Innovation and Opportunity Act ; and (B) by striking such title I and inserting such title . (7) Section 511 of such Act ( 42 U.S.C. 3056i ) is amended— (A) in subsection (a), by striking Grantees under this title shall be one-stop partners as described in subparagraphs (A) and (B)(vi) of section 121(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(b)(1)) in the one-stop delivery system established under section 134(c) of such Act ( 29 U.S.C. 2864(c) ) for the appropriate local workforce investment areas and inserting Grantees under this title shall be one-stop partners as described in subparagraphs (A) and (B)(v) of section 121(b)(1) of the Workforce Innovation and Opportunity Act in the one-stop delivery system established under section 121(e) of such Act for the appropriate local workforce development areas ; and (B) in subsection (b)(2), by striking be signatories of the memorandum of understanding established under section 121(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841(c) ) and inserting be signatories of the memorandum of understanding established under section 121(c) of the Workforce Innovation and Opportunity Act . (8) Section 518(b)(2)(F) of such Act ( 42 U.S.C. 3056p(b)(2)(F) ) is amended by striking has failed to find employment after utilizing services provided under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting has failed to find employment after utilizing services provided under title I of the Workforce Innovation and Opportunity Act . (x) Personal Responsibility and Work Opportunity Reconciliation Act of 1996 Section 403(c)(2)(K) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(c)(2)(K) ) is amended by striking Benefits under the title I of the Workforce Investment Act of 1998 and inserting Benefits under title I of the Workforce Innovation and Opportunity Act . (y) Patient Protection and Affordable Care Act Section 5101(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S. 294q(d)(3)(D)) is amended by striking other health care workforce programs, including those supported through the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), and inserting other health care workforce programs, including those supported through the Workforce Innovation and Opportunity Act, . (z) Public Health Service Act The Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended as follows: (1) Section 399V(e) of such Act ( 42 U.S.C. 280g–11(e) ) is amended by striking one-stop delivery systems under section 134(c) of the Workforce Investment Act of 1998 and inserting one-stop delivery systems under section 121(e) of the Workforce Innovation and Opportunity Act . (2) Section 751(c)(1)(A) of such Act ( 42 U.S.C. 294a(c)(1)(A) ) is amended by striking the applicable one-stop delivery system under section 134(c) of the Workforce Investment Act of 1998, and inserting the applicable one-stop delivery system under section 121(e) of the Workforce Innovation and Opportunity Act, . (3) Section 799B(23) of such Act ( 42 U.S.C. 295p(23) ) is amended by striking one-stop delivery system described in section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)) and inserting one-stop delivery system described in section 121(e) of the Workforce Innovation and Opportunity Act . (aa) Runaway and Homeless Youth Act Section 322(a)(7) of the Runaway and Homeless Youth Act ( 42 U.S.C. 5714–2(a)(7) ) is amended by striking (including services and programs for youth available under the Workforce Investment Act of 1998) and inserting (including services and programs for youth available under the Workforce Innovation and Opportunity Act) . (bb) Second Chance Act of 2007 The Second Chance Act of 2007 ( 42 U.S.C. 17501 et seq. ) is amended as follows: (1) Section 212 of such Act ( 42 U.S.C. 17532 ) is amended— (A) in subsection (c)(1)(B), by striking in coordination with the one-stop partners and one-stop operators (as such terms are defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) that provide services at any center operated under a one-stop delivery system established under section 134(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(c) ), and inserting in coordination with the one-stop partners and one-stop operators (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act) that provide services at any center operated under a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act, ; and (B) in subsection (d)(1)(B)(iii), by striking the local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832 )), and inserting the local workforce development boards established under section 107 of the Workforce Innovation and Opportunity Act, . (2) Section 231(e) of such Act ( 42 U.S.C. 17541(e) ) is amended by striking the one-stop partners and one-stop operators (as such terms are defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) that provide services at any center operated under a one-stop delivery system established under section 134(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(c) ) and inserting the one-stop partners and one-stop operators (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act) that provide services at any center operated under a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act . (cc) Small Business Act Section 7(j)(13)(E) of the Small Business Act ( 15 U.S.C. 636(j)(13)(E) ) is amended by striking an institution eligible to provide skills training or upgrading under title I of the Workforce Investment Act of 1998 and inserting an institution eligible to provide skills training or upgrading under title I of the Workforce Innovation and Opportunity Act . (dd) Social Security Act The Social Security Act ( 42 U.S.C. 301 et seq. ) is amended as follows: (1) Section 403(a)(5) of such Act ( 42 U.S.C. 603(a)(5) ) is amended— (A) in subparagraph (A)(vii)(I), by striking chief elected official (as defined in section 101 of the Workforce Investment Act of 1998) and inserting chief elected official (as defined in section 3 of the Workforce Innovation and Opportunity Act) ; and (B) in subparagraph (D)(ii), by striking local workforce investment board established for the service delivery area pursuant to title I of the Workforce Investment Act of 1998, as appropriate and inserting local workforce development board established for the local workforce development area pursuant to title I of the Workforce Innovation and Opportunity Act, as appropriate . (2) Section 1148(f)(1)(B) of such Act ( 42 U.S.C. 1320b–19(f)(1)(B) ) is amended by striking a one-stop delivery system established under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ) and inserting a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act . (3) Section 1149(a)(3) of such Act ( 42 U.S.C. 1320b–20(a)(3) ) is amended by striking a one-stop delivery system established under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ) and inserting a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act . (4) Section 2008(a) of such Act ( 42 U.S.C. 1397g(a) ) is amended— (A) in paragraph (2)(B), by striking the State workforce investment board established under section 111 of the Workforce Investment Act of 1998 and inserting the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ; and (B) in paragraph (4)(A), by striking a local workforce investment board established under section 117 of the Workforce Investment Act of 1998, and inserting a local workforce development board established under section 107 of the Workforce Innovation and Opportunity Act, . (ee) Title 18 of the United States Code Section 665 of title 18 of the United States Code is amended— (1) in subsection (a), by striking Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving financial assistance or any funds under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 and inserting Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving financial assistance or any funds under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998 ; (2) in subsection (b), by striking a contract of employment in connection with a financial assistance agreement or contract under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 and inserting a contract of employment in connection with a financial assistance agreement or contract under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998 ; and (3) in subsection (c), by striking Whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede, an investigation or inquiry under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998, and inserting Whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede, an investigation or inquiry under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998, . (ff) Title 31 of the United States Code Section 6703(a)(4) of title 31 of the United States Code is amended by striking Programs under title I of the Workforce Investment Act of 1998. and inserting Programs under title I of the Workforce Innovation and Opportunity Act. . (gg) Title 38 of the United States Code Title 38 of the United States Code is amended as follows: (1) Section 4101(9) of title 38 of the United States Code is amended by striking The term intensive services means local employment and training services of the type described in section 134(d)(3) of the Workforce Investment Act of 1998 and inserting The term career services means local employment and training services of the type described in section 134(c)(2) of the Workforce Innovation and Opportunity Act . (2) Section 4102A of title 38 of the United States Code is amended— (A) in subsection (d), by striking participation of qualified veterans and eligible persons in employment and training opportunities under title I of the Workforce Investment Act of 1998 and inserting participation of qualified veterans and eligible persons in employment and training opportunities under title I of the Workforce Innovation and Opportunity Act ; and (B) in subsection (f)(2)(A), by striking be consistent with State performance measures applicable under section 136(b) of the Workforce Investment Act of 1998 and inserting be consistent with State performance accountability measures applicable under section 116(b) of the Workforce Innovation and Opportunity Act . (3) Section 4104A of title 38 of the United States Code is amended— (A) in subsection (b)(1)(B), by striking the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) and inserting the appropriate State boards and local boards (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act) ; and (B) in subsection (c)(1)(A), by striking the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) and inserting the appropriate State boards and local boards (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act) . (4) Section 4110B of title 38 of the United States Code is amended by striking enter into an agreement with the Secretary regarding the implementation of the Workforce Investment Act of 1998 that includes the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822(b) ) and inserting enter into an agreement with the Secretary regarding the implementation of the Workforce Innovation and Opportunity Act that includes the descriptions described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce Innovation and Opportunity Act and a description of how the State board will carry out the activities described in section 101(d)(3)(F) of such Act . (5) Section 4213(a)(4) of title 38 of the United States Code is amended by striking Any employment or training program carried out under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting Any employment or training program carried out under title I of the Workforce Innovation and Opportunity Act . (hh) Trade Act of 1974 The Trade Act of 1974 ( 19 U.S.C. 2101 et seq. ) is amended as follows: (1) Section 221(a) of such Act ( 19 U.S.C. 2271 ) is amended— (A) in paragraph (1)(C)— (i) by striking , one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) including State employment security agencies, and inserting , one-stop operators or one-stop partners (as defined in section 3 of the Workforce Innovation and Opportunity Act) including State employment security agencies, ; and (ii) by striking or the State dislocated worker unit established under title I of such Act, and inserting or a State dislocated worker unit, ; and (B) in subsection (a)(2)(A), by striking rapid response activities and appropriate core and intensive services (as described in section 134 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864 )) authorized under other Federal laws and inserting rapid response activities and appropriate career services (as described in section 134 of the Workforce Innovation and Opportunity Act) authorized under other Federal laws . (2) Section 222(d)(2)(A)(iv) of such Act ( 19 U.S.C. 2272(d)(2)(A)(iv) ) is amended by striking one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) and inserting one-stop operators or one-stop partners (as defined in section 3 of the Workforce Innovation and Opportunity Act) . (3) Section 236(a)(5) of such Act ( 19 U.S.C. 2296(a)(5) ) is amended— (A) in subparagraph (B), by striking any training program provided by a State pursuant to title I of the Workforce Investment Act of 1998 and inserting any training program provided by a State pursuant to title I of the Workforce Innovation and Opportunity Act ; and (B) in the flush text following subparagraph (H), by striking The Secretary may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). and inserting The Secretary may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of the Workforce Innovation and Opportunity Act. . (4) Section 239 of such Act ( 19 U.S.C. 2311 ) is amended— (A) in subsection (f), by striking Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under sections 235 and 236 of this Act and under title I of the Workforce Investment Act of 1998 and inserting Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under sections 235 and 236 of this Act and under title I of the Workforce Innovation and Opportunity Act ; and (B) in subsection (h), by striking the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822(b) ) and inserting the descriptions described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce Innovation and Opportunity Act, a description of how the State board will carry out the activities described in section 101(d)(3)(F) of such Act, . (ii) United States Housing Act of 1937 Section 23 of the United States Housing Act of 1937 ( 42 U.S.C. 1437u ) is amended— (1) in subsection (b)(2)(A), by striking lack of supportive services accessible to eligible families, which shall include insufficient availability of resources for programs under title I of the Workforce Investment Act of 1998 and inserting lack of supportive services accessible to eligible families, which shall include insufficient availability of resources for programs under title I of the Workforce Innovation and Opportunity Act ; (2) in subsection (f)(2), by striking the local agencies (if any) responsible for carrying out programs under title I of the Workforce Investment Act of 1998 or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act, and inserting the local agencies (if any) responsible for carrying out programs under title I of the Workforce Innovation and Opportunity Act or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act, ; and (3) in subsection (g)— (A) in paragraph (2), by striking any local agencies responsible for programs under title I of the Workforce Investment Act of 1998 or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act and inserting any local agencies responsible for programs under title I of the Workforce Innovation and Opportunity Act or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act ; and (B) in paragraph (3)(H), by striking programs under title I of the Workforce Investment Act of 1998 and any other relevant employment, child care, transportation, training, and education programs in the applicable area and inserting programs under title I of the Workforce Innovation and Opportunity Act and any other relevant employment, child care, transportation, training, and education programs in the applicable area . (jj) Violent Crime Control and Law Enforcement Act of 1994 Section 31113(a)(4)(C) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13823(a)(4)(C)) is amended by striking job training programs authorized under title I of the Workforce Investment Act of 1998 or the Family Support Act of 1988 ( Public Law 100–485 ) and inserting job training programs authorized under title I of the Workforce Innovation and Opportunity Act or the Family Support Act of 1988 ( Public Law 100–485 ) . (kk) Worker Adjustment and Retraining Notification Act Section 3(a)(2) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102(a)(2) ) is amended by striking the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998, and inserting the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Innovation and Opportunity Act, . 513. References (a) Workforce Investment Act of 1998 references Except as otherwise specified, a reference in a Federal law to a provision of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) shall be deemed to refer to the corresponding provision of this Act. (b) Wagner-Peyser Act references Except as otherwise specified, a reference in a Federal law to a provision of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) shall be deemed to refer to the corresponding provision of such Act, as amended by this Act. (c) Disability-related references Except as otherwise specified, a reference in a Federal law to a provision of the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) shall be deemed to refer to the corresponding provision of such Act, as amended by this Act.
Amend the title so as to read: An Act to amend the Workforce Investment Act of 1998 to strengthen the United States workforce development system through innovation in, and alignment and improvement of, employment, training, and education programs in the United States, and to promote individual and national economic growth, and for other purposes. .
Secretary |
113-hr-803-eh-dtd | 113-hr-803 | 113 | hr | 803 | eh | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr803eh.xml | BILLS-113hr803eh.xml | 2023-01-08 17:29:59.493 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Engrossed-in-House" bill-type="olc" dms-id="H3C58A41F82094A8A8A34AFBA4B8FF9DF" key="H" public-private="public" stage-count="1">
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<dublinCore>
<dc:title>
113 HR 803 EH: SKILLS Act
</dc:title>
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U.S. House of Representatives
</dc:publisher>
<dc:date/>
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text/xml
</dc:format>
<dc:language>
EN
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<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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<form>
<distribution-code display="no">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 803
</legis-num>
<current-chamber display="no">
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
To reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more competitive in the 21st century.
</official-title>
</form>
<legis-body id="HF32C12C6B8024AC3A77B61540FAB77A0" style="OLC">
<section id="H55BE08DEE92F41BF9F2D050D00B7D94C" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Supporting Knowledge and Investing in Lifelong Skills Act
</short-title>
</quote>
or the
<quote>
<short-title>
SKILLS Act
</short-title>
</quote>
.
</text>
</section>
<section id="H1D69E8A5DA8F4E18AA249EC544C87ABC" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Table of contents
</header>
<text display-inline="no-display-inline">
The table of contents for this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H55BE08DEE92F41BF9F2D050D00B7D94C" level="section">
Sec. 1. Short title.
</toc-entry>
<toc-entry idref="H1D69E8A5DA8F4E18AA249EC544C87ABC" level="section">
Sec. 2. Table of contents.
</toc-entry>
<toc-entry idref="H258DB119F17E45AF884E3100D8CB3C6A" level="section">
Sec. 3. References.
</toc-entry>
<toc-entry idref="HD8E079FC33AB4DC7940C8BC78C5C9068" level="section">
Sec. 4. Effective date.
</toc-entry>
<toc-entry idref="H4098253098E248018052B26B2DAD68F9" level="title">
Title I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998
</toc-entry>
<toc-entry idref="H183F2AECFEFB49C99B1085457AD73D3F" level="subtitle">
Subtitle A—Workforce Investment Definitions
</toc-entry>
<toc-entry idref="HFC894F639E2845069FD88EE0036360F2" level="section">
Sec. 101. Definitions.
</toc-entry>
<toc-entry idref="H38B6BCA2E1CC44A09610BCD0230E641C" level="subtitle">
Subtitle B—Statewide and Local Workforce Investment Systems
</toc-entry>
<toc-entry idref="H2750325A2ACB423D9AB9A526DCF53DCD" level="section">
Sec. 102. Purpose.
</toc-entry>
<toc-entry idref="H60471340664F4EF98277107AECBE4494" level="section">
Sec. 103. State workforce investment boards.
</toc-entry>
<toc-entry idref="H37ABF8459C7445C89ABE30D2E1F6A281" level="section">
Sec. 104. State plan.
</toc-entry>
<toc-entry idref="H857274BE4C074496AC293C924893C3A1" level="section">
Sec. 105. Local workforce investment areas.
</toc-entry>
<toc-entry idref="H68FBAD1A40F94941B7C20B0BEA759963" level="section">
Sec. 106. Local workforce investment boards.
</toc-entry>
<toc-entry idref="H1E2D51B1367B4F61A4439F7B6798C7E5" level="section">
Sec. 107. Local plan.
</toc-entry>
<toc-entry idref="H00F3AFF99280448E8CEA1EBAE2584ABE" level="section">
Sec. 108. Establishment of one-stop delivery system.
</toc-entry>
<toc-entry idref="H8B04479CCE234FF2B4C26F6E86E373EB" level="section">
Sec. 109. Identification of eligible providers of training services.
</toc-entry>
<toc-entry idref="H7F6F699AB7B944E1829D8F8184727FC6" level="section">
Sec. 110. General authorization.
</toc-entry>
<toc-entry idref="H7B2C3A50F1754EF1B7ABBF2E765B6DA0" level="section">
Sec. 111. State allotments.
</toc-entry>
<toc-entry idref="H81CB0B28FEE143ED83F06B7D5493D8AC" level="section">
Sec. 112. Within State allocations.
</toc-entry>
<toc-entry idref="H761E9801EC4D42EB8E85E920ABC87825" level="section">
Sec. 113. Use of funds for employment and training activities.
</toc-entry>
<toc-entry idref="HFD96C140463040A69786A0233CC79A00" level="section">
Sec. 114. Performance accountability system.
</toc-entry>
<toc-entry idref="HBD9C9BF69B3D47B1B165485950532CDD" level="section">
Sec. 115. Authorization of appropriations.
</toc-entry>
<toc-entry idref="H905BCE55B1A14220A37ACCD787586404" level="subtitle">
Subtitle C—Job Corps
</toc-entry>
<toc-entry idref="H802255DDFC744A1DBF7731A5C1315331" level="section">
Sec. 116. Job Corps purposes.
</toc-entry>
<toc-entry idref="H079F141146F343DA957CD82341BC707E" level="section">
Sec. 117. Job Corps definitions.
</toc-entry>
<toc-entry idref="H4AF09166E8C549B6A8BBFE239F1F93B8" level="section">
Sec. 118. Individuals eligible for the Job Corps.
</toc-entry>
<toc-entry idref="HB1DA91B952B847B099165DC09131A3FE" level="section">
Sec. 119. Recruitment, screening, selection, and assignment of enrollees.
</toc-entry>
<toc-entry idref="H6945825793DE4BF99235CD1BC3A4E42E" level="section">
Sec. 120. Job Corps centers.
</toc-entry>
<toc-entry idref="HDB9946120D6C4B9AAF88759F6DA7FE79" level="section">
Sec. 121. Program activities.
</toc-entry>
<toc-entry idref="H5B332AD6DC6C4C14B003AD5CFE191314" level="section">
Sec. 122. Counseling and job placement.
</toc-entry>
<toc-entry idref="HC544420390AB4A6BB14E70C9ED143132" level="section">
Sec. 123. Support.
</toc-entry>
<toc-entry idref="HE2D9D8C81AF949E4881F59913160B5DA" level="section">
Sec. 124. Operations.
</toc-entry>
<toc-entry idref="H74A4CE9015404D429629E5CF3056C8EC" level="section">
Sec. 125. Community participation.
</toc-entry>
<toc-entry idref="H42954E70808D489392B608940C107896" level="section">
Sec. 126. Workforce councils.
</toc-entry>
<toc-entry idref="HF143C280E4DF4F1681A991BA65CC5B99" level="section">
Sec. 127. Technical assistance.
</toc-entry>
<toc-entry idref="H6D43892D9C674F38AA676427D008E323" level="section">
Sec. 128. Special provisions.
</toc-entry>
<toc-entry idref="H82B43D0F04D5409F88956FD22CD3F703" level="section">
Sec. 129. Performance accountability management.
</toc-entry>
<toc-entry idref="HADACCEA7E216461C93489C20A2F65440" level="subtitle">
Subtitle D—National Programs
</toc-entry>
<toc-entry idref="H4967A94EEC7D4F529C6206FE1B68EBBE" level="section">
Sec. 130. Technical assistance.
</toc-entry>
<toc-entry idref="H895E6A492D6D481C81A0E6DDD44FC145" level="section">
Sec. 131. Evaluations.
</toc-entry>
<toc-entry idref="HBBED5F1FC62046B99C8A15FAF9B021B5" level="subtitle">
Subtitle E—Administration
</toc-entry>
<toc-entry idref="H6B91742129D24CD994D260707E12DEB4" level="section">
Sec. 132. Requirements and restrictions.
</toc-entry>
<toc-entry idref="H802BA66F22B8412C80CDE828B2E4B4A1" level="section">
Sec. 133. Prompt allocation of funds.
</toc-entry>
<toc-entry idref="H3BEE9A571B034DA08DC6E0CB1B922D1A" level="section">
Sec. 134. Fiscal controls; sanctions.
</toc-entry>
<toc-entry idref="H5AE9598C7A7041ACB0548F1A477E0D8E" level="section">
Sec. 135. Reports to Congress.
</toc-entry>
<toc-entry idref="H2B3FC26128DB463EADC8AD0294AC78DB" level="section">
Sec. 136. Administrative provisions.
</toc-entry>
<toc-entry idref="H21F570E630A44D23A76E1B4E778BD9C4" level="section">
Sec. 137. State legislative authority.
</toc-entry>
<toc-entry idref="HA1A6EEEEA78B4CDC93F1ADE329DDA594" level="section">
Sec. 138. General program requirements.
</toc-entry>
<toc-entry idref="H00C4770F772A4259B0E23B160858D91A" level="section">
Sec. 139. Federal agency staff and restrictions on political and lobbying activities.
</toc-entry>
<toc-entry idref="H9947E1BC07E545FCB2A72780400553C5" level="subtitle">
Subtitle F—State unified plan
</toc-entry>
<toc-entry idref="HB0A5EBB03F224A2C8085F979891BA9F4" level="section">
Sec. 140. State unified plan.
</toc-entry>
<toc-entry idref="H54B8FA49A3BC44C08334BA6CE746F718" level="title">
Title II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION
</toc-entry>
<toc-entry idref="H376C1BE9D30943789E60ACE96F22AC0F" level="section">
Sec. 201. Amendment.
</toc-entry>
<toc-entry idref="HB3E4976A326C4B8FA9E768207706507A" level="title">
Title III—AMENDMENTS TO THE WAGNER-PEYSER ACT
</toc-entry>
<toc-entry idref="H97899F4862394D828601C76A133540B9" level="section">
Sec. 301. Amendments to the Wagner-Peyser Act.
</toc-entry>
<toc-entry idref="HC2B8134003EE4ABBA495F23A05A6C5B4" level="title">
Title IV—REPEALS AND CONFORMING AMENDMENTS
</toc-entry>
<toc-entry idref="HD884A361219F4C7F9C0B0464BCA9A83D" level="section">
Sec. 401. Repeals.
</toc-entry>
<toc-entry idref="H520BCF8F3AD04D52BB0910CBF9357613" level="section">
Sec. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
</toc-entry>
<toc-entry idref="H007195043B394044853B1843ECE74CF9" level="section">
Sec. 403. Amendments to the Food and Nutrition Act of 2008.
</toc-entry>
<toc-entry idref="H44689469EF8446BD9B88F20E1CD30831" level="section">
Sec. 404. Amendments to section 412 of the Immigration and Nationality Act.
</toc-entry>
<toc-entry idref="H81EDFD27619D46518F18378BE2A0E6F8" level="section">
Sec. 405. Amendments relating to the Second Chance Act of 2007.
</toc-entry>
<toc-entry idref="HDD59B6B45A2E4168BCFB6E7E81F0962D" level="section">
Sec. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968.
</toc-entry>
<toc-entry idref="H479747CBAE314158BDBDE33661A4AB31" level="section">
Sec. 407. Conforming amendments to the United States Code.
</toc-entry>
<toc-entry idref="HA87E688A14A04C99940F028453DEA032" level="section">
Sec. 408. Conforming amendment to table of contents.
</toc-entry>
<toc-entry idref="H50B8C6190CFC49AE93F3192487F49951" level="title">
Title V—AMENDMENTS TO THE REHABILITATION ACT OF 1973
</toc-entry>
<toc-entry idref="HC22C8C5CF113484B8C604FB6D0B119CD" level="section">
Sec. 501. Findings.
</toc-entry>
<toc-entry idref="HB349E2D2A53F4488B5B7EA505D1C5A8A" level="section">
Sec. 502. Rehabilitation services administration.
</toc-entry>
<toc-entry idref="H9340458489404FAF9EEC3F1B12B3B909" level="section">
Sec. 503. Definitions.
</toc-entry>
<toc-entry idref="H2DD816876AFC4C66B7E527CAAECFCA6B" level="section">
Sec. 504. State plan.
</toc-entry>
<toc-entry idref="H65ED21D289DB48728A986973FFE71793" level="section">
Sec. 505. Scope of services.
</toc-entry>
<toc-entry idref="HF4B1A7E424574F0BA7B22E97166948E5" level="section">
Sec. 506. Standards and indicators.
</toc-entry>
<toc-entry idref="H6810DF66D018435BAF2C0B530128F56B" level="section">
Sec. 507. Collaboration with industry.
</toc-entry>
<toc-entry idref="H5009510B96A74465ADB855201F8C8270" level="section">
Sec. 508. Reservation for expanded transition services.
</toc-entry>
<toc-entry idref="HF9C6F7E9A48C4C238B229138C8832218" level="section">
Sec. 509. Client assistance program.
</toc-entry>
<toc-entry idref="HA666B08EA7F44F9DA1FAB659AFB2ACCD" level="section">
Sec. 510. Title III amendments.
</toc-entry>
<toc-entry idref="H9C2DD2089E244E2EA21E28DDB5005A57" level="section">
Sec. 511. Repeal of title VI.
</toc-entry>
<toc-entry idref="H02A338DC95D44BE4836A2B547C54ABAB" level="section">
Sec. 512. Chairperson.
</toc-entry>
<toc-entry idref="H4A06DFA89EB44AFEAC829BAEB744CCC0" level="section">
Sec. 513. Authorizations of appropriations.
</toc-entry>
<toc-entry idref="H716DD78513554E6BAE17DBD50AF3BFE0" level="section">
Sec. 514. Conforming amendments.
</toc-entry>
<toc-entry idref="H2CF1DF73BE5F49F989C5B7A1D7718F97" level="title">
Title VI—Studies by the Comptroller General
</toc-entry>
<toc-entry idref="HFE2C3C78E5104FB8B573143209748961" level="section">
Sec. 601. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds.
</toc-entry>
<toc-entry idref="H3EC434384B6F452D924D78737D6E3632" level="section">
Sec. 602. Study by the Comptroller General on administrative cost savings.
</toc-entry>
</toc>
</section>
<section id="H258DB119F17E45AF884E3100D8CB3C6A">
<enum>
3.
</enum>
<header>
References
</header>
<text display-inline="no-display-inline">
Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/9201">
29 U.S.C. 9201 et seq.
</external-xref>
).
</text>
</section>
<section id="HD8E079FC33AB4DC7940C8BC78C5C9068">
<enum>
4.
</enum>
<header>
Effective date
</header>
<text display-inline="no-display-inline">
Except as otherwise provided, this Act and the amendments made by this Act shall be effective with respect to fiscal year 2014 and succeeding fiscal years.
</text>
</section>
<title id="H4098253098E248018052B26B2DAD68F9">
<enum>
I
</enum>
<header>
AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998
</header>
<subtitle id="H183F2AECFEFB49C99B1085457AD73D3F">
<enum>
A
</enum>
<header>
Workforce Investment Definitions
</header>
<section id="HFC894F639E2845069FD88EE0036360F2">
<enum>
101.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 101 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
) is amended—
</text>
<paragraph id="H8D151EE856B54FEB87EDE1953384D85D">
<enum>
(1)
</enum>
<text>
by striking paragraphs (13) and (24);
</text>
</paragraph>
<paragraph id="H7D60F2757ED34F8D96A74F1845AE69F9">
<enum>
(2)
</enum>
<text>
by redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14) through (23) as paragraphs (15) through (24), respectively;
</text>
</paragraph>
<paragraph id="HBC275C4B0A91437CA08107929EDC97F0">
<enum>
(3)
</enum>
<text>
by striking paragraphs (52) and (53);
</text>
</paragraph>
<paragraph id="HA9D64D61A20D491E9A742E141AD9897E">
<enum>
(4)
</enum>
<text>
by inserting after
<quote>
In this title:
</quote>
the following new paragraphs:
</text>
<quoted-block id="HA004F608D0B944018A020CF079A72FA2" style="OLC">
<paragraph id="HE09A6F5EB18C4467AFF671476C43B877">
<enum>
(1)
</enum>
<header>
Accrued expenditures
</header>
<text>
The term
<term>
accrued expenditures
</term>
means charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; services performed by employees, contractors, subgrantees, subcontractors, and other payees; and other amounts becoming owed under programs assisted under this title for which no current services or performance is required, such as annuities, insurance claims, and other benefit payments.
</text>
</paragraph>
<paragraph id="H95A6A0B4295B4BCA9640146529C4B773">
<enum>
(2)
</enum>
<header>
Administrative costs
</header>
<text>
The term
<term>
administrative costs
</term>
means expenditures incurred by State and local workforce investment boards, direct recipients (including State grant recipients under subtitle B and recipients of awards under subtitles C and D), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under this title which are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and non-personnel and both direct and indirect.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph display-inline="no-display-inline" id="H125C2636CB8F414FBA3B53E60B8F9103">
<enum>
(5)
</enum>
<text>
in paragraph (3) (as so redesignated), by striking
<quote>
Except in sections 127 and 132, the
</quote>
and inserting
<quote>
The
</quote>
;
</text>
</paragraph>
<paragraph id="H7A522E9A3557455BA5D8A927A84F9622">
<enum>
(6)
</enum>
<text>
by amending paragraph (5) (as so redesignated) to read as follows:
</text>
<quoted-block id="HBECE6FBE8FC443D19DAF1ECD35817234" style="OLC">
<paragraph id="HDC30B876CCCE4E60A17061418D6249D5">
<enum>
(5)
</enum>
<header>
Area career and technical education school
</header>
<text>
The term
<term>
area career and technical education school
</term>
has the meaning given the term in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2302">
20 U.S.C. 2302(3)
</external-xref>
).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HA4B6EAE2FB9F46E88EAEC7E4745B22BF">
<enum>
(7)
</enum>
<text>
in paragraph (6) (as so redesignated), by inserting
<quote>
(or such other level as the Governor may establish)
</quote>
after
<quote>
8th grade level
</quote>
;
</text>
</paragraph>
<paragraph id="HD85DE3DAC76942CC9019B57CCBAAC39F">
<enum>
(8)
</enum>
<text>
in paragraph (10)(C) (as so redesignated), by striking
<quote>
not less than 50 percent of the cost of the training
</quote>
and inserting
<quote>
a significant portion of the cost of training, as determined by the local board (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board determines to be appropriate
</quote>
;
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="H492F1F8DE22343CAA985D1DDEFD904F0">
<enum>
(9)
</enum>
<text>
in paragraph (11) (as so redesignated)—
</text>
<subparagraph id="HD3CCEFC40A1245C1A12DCE25A9F956F3">
<enum>
(A)
</enum>
<text>
in subparagraph (A)(ii)(II), by striking
<quote>
section 134(c)
</quote>
and inserting
<quote>
section 121(e)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H383E8BDE91F44D86891F724746AAE45F">
<enum>
(B)
</enum>
<text>
in subparagraph (B)(iii)—
</text>
<clause id="H5747A4EFF2D9448381284AB2977BB9EF">
<enum>
(i)
</enum>
<text>
by striking
<quote>
134(d)(4)
</quote>
and inserting
<quote>
134(c)(4)
</quote>
; and
</text>
</clause>
<clause id="H8A1807A579694A8C94DF9A60BE6FE9CF">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
intensive services described in section 134(d)(3)
</quote>
and inserting
<quote>
work ready services described in section 117(d)(5)(C)
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H198F6FD0E1474E929CEECEABCFFEE80E">
<enum>
(C)
</enum>
<text>
in subparagraph (C), by striking
<quote>
or
</quote>
after the semicolon;
</text>
</subparagraph>
<subparagraph id="H8C3413EE847941FBA131B9A43FDFFDAE">
<enum>
(D)
</enum>
<text>
in subparagraph (D), by striking the period and inserting
<quote>
; or
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HCB3285A7EE75487E8E9876AD5B4FC890">
<enum>
(E)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H890E7E963E5B4010A4F0C8C71E1CCDA9" style="OLC">
<subparagraph id="H96884D2F5F99411B9849CA616572CA4F">
<enum>
(E)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H8DA3E913A8DA4F818CF13804C9F90990">
<enum>
(i)
</enum>
<text>
is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/10/101">
section 101(d)(2)
</external-xref>
of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or
</text>
</clause>
<clause id="H31B83877D30E4E408F2F45911FEB7229" indent="up1">
<enum>
(ii)
</enum>
<text>
is the spouse of a member of the Armed Forces on active duty who meets the criteria described in paragraph (12)(B).
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H4AE8E6FC34524FA0A1E7F2471F58288B">
<enum>
(10)
</enum>
<text>
in paragraph (12)(A) (as redesignated)—
</text>
<subparagraph id="HFF1E649FEEAF44E1B078CB4297764D45">
<enum>
(A)
</enum>
<text>
by striking
<quote>
and
</quote>
after the semicolon and inserting
<quote>
or
</quote>
;
</text>
</subparagraph>
<subparagraph id="H916D9829CCD5463CB6C86A98A69233B9">
<enum>
(B)
</enum>
<text>
by striking
<quote>
(A)
</quote>
and inserting
<quote>
(A)(i)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H2FD14AC9DF7F4E879D16E70F5AD1E2A6">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HA36D618988AE41E4B6B59EDC759F62EA" style="OLC">
<clause id="H7C303F69078D495CABB687BC8EDF8BE9" indent="up1">
<enum>
(ii)
</enum>
<text>
is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/10/101">
section 101(d)(2)
</external-xref>
of title 10, United States Code) whose family income is significantly reduced because of a deployment (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/10/991">
section 991(b)
</external-xref>
of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in
<external-xref legal-doc="usc" parsable-cite="usc/10/101">
section 101(a)(13)(B)
</external-xref>
of title 10, United States Code, a permanent change of station, or the service-connected (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/38/101">
section 101(16)
</external-xref>
of title 38, United States Code) death or disability of the member; and
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H166C3C9010924834AC2C905645F5B149">
<enum>
(11)
</enum>
<text>
in paragraph (13) (as so redesignated), by inserting
<quote>
or regional
</quote>
after
<quote>
local
</quote>
each place it appears;
</text>
</paragraph>
<paragraph id="HAE4480581E6C4FD49AEAF3E7872CF06B">
<enum>
(12)
</enum>
<text>
in paragraph (14) (as so redesignated)—
</text>
<subparagraph id="H80DE123BC33E48F1BBB6BBFEF2409755">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
section 122(e)(3)
</quote>
and inserting
<quote>
section 122
</quote>
;
</text>
</subparagraph>
<subparagraph id="H9969C6758BEA4AC281AD8B3B962D33CE">
<enum>
(B)
</enum>
<text>
by striking subparagraph (B), and inserting the following:
</text>
<quoted-block id="HC161E7FB329E4189AE25947BB4317BD0" style="OLC">
<subparagraph id="H602E425C8C98429F85514CE25812B95F">
<enum>
(B)
</enum>
<text>
work ready services, means a provider who is identified or awarded a contract as described in section 117(d)(5)(C); or
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HF90A057FA0ED4A01B510EFFBD6AB5ACC">
<enum>
(C)
</enum>
<text>
by striking subparagraph (C); and
</text>
</subparagraph>
<subparagraph id="H8336A7D10E624FED99FF0870FE1A566E">
<enum>
(D)
</enum>
<text>
by redesignating subparagraph (D) as subparagraph (C).
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H774F139217B3448082A4F2549CF88924">
<enum>
(13)
</enum>
<text>
in paragraph (15) (as so redesignated), by striking
<quote>
adult or dislocated worker
</quote>
and inserting
<quote>
individual
</quote>
;
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="H389485EDEABE4DA99E9610911257042B">
<enum>
(14)
</enum>
<text>
in paragraph (25)—
</text>
<subparagraph id="H81BFCC4D60694CABB83C3454E12195D9">
<enum>
(A)
</enum>
<text>
in subparagraph (B), by striking
<quote>
higher of—
</quote>
and all that follows through clause (ii) and inserting
<quote>
poverty line for an equivalent period;
</quote>
;
</text>
</subparagraph>
<subparagraph id="H0CE38FCB12854EF6B06FBB5594338485">
<enum>
(B)
</enum>
<text>
by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and
</text>
</subparagraph>
<subparagraph id="HCCCD5367831A4E81BD034418601F1BC8">
<enum>
(C)
</enum>
<text>
by inserting after subparagraph (C) the following:
</text>
<quoted-block id="H0C40CBC728ED44D4AE5AF4E903158A75" style="OLC">
<subparagraph id="H4E957EAC414240B0BE94D84A030E8C86">
<enum>
(D)
</enum>
<text>
receives or is eligible to receive free or reduced price lunch under the Richard B. Russell National School Lunch Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1751">
42 U.S.C. 1751 et seq.
</external-xref>
);
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H6D31425CFDD14FD98132F1D06CD9FAD0">
<enum>
(15)
</enum>
<text>
in paragraph (32), by striking
<quote>
the Republic of the Marshall Islands, the Federated States of Micronesia,
</quote>
;
</text>
</paragraph>
<paragraph id="H0942C2496124454B83103D7DEFD57D06">
<enum>
(16)
</enum>
<text>
by amending paragraph (33) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HE0FC1D6C72B4448C88087996A6317B8D" style="OLC">
<paragraph id="HC071ABC630D94C76A0B91B925D9ED953">
<enum>
(33)
</enum>
<header>
Out-of-school youth
</header>
<text display-inline="yes-display-inline">
The term
<term>
out-of-school youth
</term>
means—
</text>
<subparagraph id="H6B8BFA82AEDC4532804F052BFC3434AC">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
an at-risk youth who is a school dropout; or
</text>
</subparagraph>
<subparagraph id="H1689D288C68A42DFB1A6422EE1767718">
<enum>
(B)
</enum>
<text>
an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H42A7C431AF654939A07B9933DC20ADB9">
<enum>
(17)
</enum>
<text>
in paragraph (38), by striking
<quote>
134(a)(1)(A)
</quote>
and inserting
<quote>
134(a)(1)(B)
</quote>
;
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="H8A8FA62D4ED948578794A51B0545C5D7">
<enum>
(18)
</enum>
<text>
by amending paragraph (49) to read as follows:
</text>
<quoted-block id="H67B0A72C63D64D74B508DA13556896B8" style="OLC">
<paragraph id="H6247EBBD31DD41A7B2E53D564807AFAB">
<enum>
(49)
</enum>
<header>
Veteran
</header>
<text>
The term
<term>
veteran
</term>
has the same meaning given the term in
<external-xref legal-doc="usc" parsable-cite="usc/5/2108">
section 2108(1)
</external-xref>
of title 5, United States Code.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph display-inline="no-display-inline" id="HB22CC243D7B0425695B8DFF160C460B4">
<enum>
(19)
</enum>
<text>
by amending paragraph (50) to read as follows:
</text>
<quoted-block id="H79EE5A3B800949D1B7B953D40876BFC0" style="OLC">
<paragraph id="HC4F9355F255B4D19B4B3C5A842A5ABF4">
<enum>
(50)
</enum>
<header>
Career and technical education
</header>
<text>
The term
<term>
career and technical education
</term>
has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2302">
20 U.S.C. 2302
</external-xref>
).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HAF9AB444BB674CC2BC9D7B0290DBFBBF">
<enum>
(20)
</enum>
<text>
in paragraph (51) by striking
<quote>
, and a youth activity
</quote>
; and
</text>
</paragraph>
<paragraph id="HFAAA629F5E8143B0B7A157016CC53238">
<enum>
(21)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA93DAA34DB454C98924C6791E1A9E46B" style="OLC">
<paragraph id="H647D5F0493D14ACE893CC7927FAFF569">
<enum>
(52)
</enum>
<header>
At-risk youth
</header>
<text display-inline="yes-display-inline">
Except as provided in subtitle C, the term
<term>
at-risk youth
</term>
means an individual who—
</text>
<subparagraph id="H6876FD1E41194124B208A002119CD0A4">
<enum>
(A)
</enum>
<text>
is not less than age 16 and not more than age 24;
</text>
</subparagraph>
<subparagraph id="HEFAD2519EB5A42739516E0B67AC8B32D">
<enum>
(B)
</enum>
<text>
is a low-income individual; and
</text>
</subparagraph>
<subparagraph id="HB964DD33B88A48529E564FE53572C75D">
<enum>
(C)
</enum>
<text>
is an individual who is one or more of the following:
</text>
<clause id="HDEFBC3184016468088D8730D0B25E56F">
<enum>
(i)
</enum>
<text>
a secondary school dropout;
</text>
</clause>
<clause id="HA82CF6A4B092403DACA238F666C6671A">
<enum>
(ii)
</enum>
<text>
a youth in foster care (including youth aging out of foster care);
</text>
</clause>
<clause id="HA4B28749DCEA490E965B08E31A067470">
<enum>
(iii)
</enum>
<text>
a youth offender;
</text>
</clause>
<clause id="H701A5CF00DDE4E0D8C6337CCE220D8CE">
<enum>
(iv)
</enum>
<text>
a youth who is an individual with a disability; or
</text>
</clause>
<clause id="HC725B50AEC854D138987F7B83A05C670">
<enum>
(v)
</enum>
<text>
a migrant youth.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HB11304E35E75408BB27F55E8B639A1FE">
<enum>
(53)
</enum>
<header>
Industry or sector partnership
</header>
<text display-inline="yes-display-inline">
The term
<term>
industry or sector partnership
</term>
means a partnership of a State or local board and one or more industries and other entities that have the capability to help the State or local board determine the immediate and long term skilled workforce needs of in-demand industries and other occupations important to the State or local economy, respectively.
</text>
</paragraph>
<paragraph id="H076FE13EA71A4E92A23F89BB55997D89">
<enum>
(54)
</enum>
<header>
Industry-recognized credential
</header>
<text display-inline="yes-display-inline">
The term
<term>
industry-recognized credential
</term>
means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring.
</text>
</paragraph>
<paragraph id="H3F9C3A8FA6BD434D943F49FF49EBCCA9">
<enum>
(55)
</enum>
<header>
Recognized postsecondary credential
</header>
<text display-inline="yes-display-inline">
The term ‘recognized postsecondary credential’ means a credential awarded by a training provider or postsecondary educational institution based on completion of all requirements for a program of study, including coursework or tests or other performance evaluations. The term includes an industry-recognized credential, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree.
</text>
</paragraph>
<paragraph id="HF39C79EEC33C42E285A5CA60C44D825D">
<enum>
(56)
</enum>
<header>
Pay-for-performance contract strategy
</header>
<text display-inline="yes-display-inline">
The term
<quote>
pay-for-performance contract strategy
</quote>
means a strategy in which a pay-for-performance contract to provide a program of employment and training activities incorporates—
</text>
<subparagraph id="H2D6C0D672EA143398A4478650F8325AA">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the core indicators of performance described in subclauses (I) through (IV) of section 136(b)(2)(A)(i);
</text>
</subparagraph>
<subparagraph id="HC5B3C3B80CDF402DB1C5A2AFDF299478">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
a fixed amount that will be paid to an eligible provider of such employment and training activities for each program participant who, within a defined timetable, achieves the agreed to levels of performance based upon the core indicators of performance described in subparagraph (A), and may include a bonus payment to such provider which may be used to expand the capacity of such provider;
</text>
</subparagraph>
<subparagraph id="H75F84BC62956404CB79AA5F4DBA22B3A">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the ability for an eligible provider to recoup the costs of training a program participant who has not met such core indicators of performance, but for whom the provider is able to demonstrate that such participant gained specific competencies required for education and career advancement that are, where feasible, tied to industry-recognized credentials and related standards, or State licensing requirements; and
</text>
</subparagraph>
<subparagraph id="H054498E3C4CD4B6FA40EEB8F52214663">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
the ability for an eligible provider that does not meet the requirements under section 122(a)(2) to participate in such pay-for-performance contract and to not be required to report on the performance and cost information required under section 122(d).
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
<subtitle id="H38B6BCA2E1CC44A09610BCD0230E641C">
<enum>
B
</enum>
<header>
Statewide and Local Workforce Investment Systems
</header>
<section id="H2750325A2ACB423D9AB9A526DCF53DCD">
<enum>
102.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
Section 106 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811
</external-xref>
) is amended by adding at the end the following:
<quote>
It is also the purpose of this subtitle to provide workforce investment activities in a manner that enhances employer engagement, promotes customer choices in the selection of training services, and ensures accountability in the use of the taxpayer funds.
</quote>
.
</text>
</section>
<section id="H60471340664F4EF98277107AECBE4494">
<enum>
103.
</enum>
<header>
State workforce investment boards
</header>
<text display-inline="no-display-inline">
Section 111 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2821">
29 U.S.C. 2821
</external-xref>
) is amended—
</text>
<paragraph id="H1EADD44A3CFC4E089DF56064FFAF16D8">
<enum>
(1)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="H16D67429F8A0459C9FA0EF458B98A9BD">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="H4552B42BB4394C2B900E32C3EC44CAFD">
<enum>
(i)
</enum>
<text>
by striking subparagraph (B);
</text>
</clause>
<clause id="HE1B511B52F014C3BA0B54C2957FC190A">
<enum>
(ii)
</enum>
<text>
by redesignating subparagraph (C) as subparagraph (B); and
</text>
</clause>
<clause id="H926217F7922247DDBC6318E84B41082E">
<enum>
(iii)
</enum>
<text>
in subparagraph (B) (as so redesignated)—
</text>
<subclause id="H0B98FDA351054CD5A049CEEE02F8F336">
<enum>
(I)
</enum>
<text>
by amending clause (i)(I), by striking
<quote>
section 117(b)(2)(A)(i)
</quote>
and inserting
<quote>
section 117(b)(2)(A)
</quote>
;
</text>
</subclause>
<subclause id="H7ADE8CD7173D41B79D685617D04FC19A">
<enum>
(II)
</enum>
<text>
by amending clause (i)(II) to read as follows:
</text>
<quoted-block id="H4A671262C04B4DF2A7D403B850327401" style="OLC">
<subclause id="HA7B90634069B4693BADD2CB9A0DA351B">
<enum>
(II)
</enum>
<text>
represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the State economy; and
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H040713399BCE4064A768F6AA6655825F">
<enum>
(III)
</enum>
<text>
by striking clause (iii) and inserting the following:
</text>
<quoted-block id="H4780ED58884F45F6BDC168C2A998C287" style="OLC">
<clause id="H1E6F0CF1B4AE4E68A4FE2F0E8F6B7FED">
<enum>
(iii)
</enum>
<text>
a State agency official responsible for economic development; and
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H3FA60C7C1EC54DD0BBFC8F53C4A6DFCC">
<enum>
(IV)
</enum>
<text>
by striking clauses (iv) through (vi);
</text>
</subclause>
<subclause id="HE1EAB2A6EAC34A389D4413E37AF69C60">
<enum>
(V)
</enum>
<text>
by amending clause (vii) to read as follows:
</text>
<quoted-block id="HFDFC1E26B49243AF817DCE0E18B8B494" style="OLC">
<clause id="HE04CAEF79CB742D4A5B36A7E94A6A80C">
<enum>
(vii)
</enum>
<text display-inline="yes-display-inline">
such other representatives and State agency officials as the Governor may designate, including—
</text>
<subclause id="HD533AC14B24E4DF694A9B978ABD992A3">
<enum>
(I)
</enum>
<text>
members of the State legislature;
</text>
</subclause>
<subclause id="HB643D61FC2B64C0381B6D7DE4E2B4DC8">
<enum>
(II)
</enum>
<text>
representatives of individuals and organizations that have experience with respect to youth activities;
</text>
</subclause>
<subclause id="HF5263BC644DB483CB9CEFE60292A49A5">
<enum>
(III)
</enum>
<text>
representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community-based organizations within the State;
</text>
</subclause>
<subclause id="HCAB89DFCC89D4A2395763304F0FFC020">
<enum>
(IV)
</enum>
<text>
representatives of the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners; or
</text>
</subclause>
<subclause id="H23D255BB54AA49EC84139A58159CC85A">
<enum>
(V)
</enum>
<text>
representatives of veterans service organizations.
</text>
</subclause>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H2CC479343C2947D8814CE401F23288F3">
<enum>
(VI)
</enum>
<text>
by redesignating clause (vii) (as so amended) as clause (iv); and
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HE5A2C14989A0429FB84B2E7C33D8BF87">
<enum>
(B)
</enum>
<text>
by amending paragraph (3) to read as follows:
</text>
<quoted-block id="H254B0E7EDECF480F97B26EF0F8E8A2D5" style="OLC">
<paragraph id="H16A8B3BD7D404396B2DBD7CF7492EE8C">
<enum>
(3)
</enum>
<header>
Majority
</header>
<text>
A
<fraction>
2/3
</fraction>
majority of the members of the board shall be representatives described in paragraph (1)(B)(i).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H9DB1E7908CFD411CBCBFD7EFBBA0AC66">
<enum>
(2)
</enum>
<text>
in subsection (c), by striking
<quote>
(b)(1)(C)(i)
</quote>
and inserting
<quote>
(b)(1)(B)(i)
</quote>
;
</text>
</paragraph>
<paragraph id="HF9F44423E034484AA2732EB4083B5843">
<enum>
(3)
</enum>
<text>
by amending subsection (d) to read as follows:
</text>
<quoted-block id="H45CB478B3A264FD5BA81D62FEDF1B969" style="OLC">
<subsection id="HE42F59B3EFFD43DA85710D13320BE783">
<enum>
(d)
</enum>
<header>
Functions
</header>
<text>
The State board shall assist the Governor of the State as follows:
</text>
<paragraph id="H031A1E8A92AE459E8C1FA2F7E473629E">
<enum>
(1)
</enum>
<header>
State plan
</header>
<text>
Consistent with section 112, develop a State plan.
</text>
</paragraph>
<paragraph id="HDF6F5B441D544EE58D56D59204C6005A">
<enum>
(2)
</enum>
<header>
Statewide workforce development system
</header>
<text>
Review and develop statewide policies and programs in the State in a manner that supports a comprehensive Statewide workforce development system that will result in meeting the workforce needs of the State and its local areas. Such review shall include determining whether the State should consolidate additional programs into the Workforce Investment Fund in accordance with section 501(e).
</text>
</paragraph>
<paragraph id="H360806DB8A414CDDB215060B971FD9C6">
<enum>
(3)
</enum>
<header>
Workforce and labor market information system
</header>
<text>
Develop a statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act, which may include using existing information conducted by the State economic development entity or related entity in developing such system.
</text>
</paragraph>
<paragraph id="HFDE9ECE0A24C4E11AF0F5A63B2A00024">
<enum>
(4)
</enum>
<header>
Employer engagement
</header>
<text>
Develop strategies across local areas that meet the needs of employers and support economic growth in the State by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers.
</text>
</paragraph>
<paragraph id="H477CD289AA3240318D89F98410A0D919">
<enum>
(5)
</enum>
<header>
Designation of local areas
</header>
<text>
Designate local areas as required under section 116.
</text>
</paragraph>
<paragraph id="H100FC7A065914F0795AF1CC42CA36AC2">
<enum>
(6)
</enum>
<header>
One-stop delivery system
</header>
<text>
Identify and disseminate information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies.
</text>
</paragraph>
<paragraph id="H8F2C61568DBA4797BB502EAEF50205E5">
<enum>
(7)
</enum>
<header>
Program oversight
</header>
<text>
Conduct the following program oversight:
</text>
<subparagraph id="H2A536FACAD90442EB7B07CFCF865AFBD">
<enum>
(A)
</enum>
<text>
Reviewing and approving local plans under section 118.
</text>
</subparagraph>
<subparagraph id="HE4E4785D6F2C4835AFD97D7A9ECB5DDF">
<enum>
(B)
</enum>
<text>
Ensuring the appropriate use and management of the funds provided for State employment and training activities authorized under section 134.
</text>
</subparagraph>
<subparagraph id="H74F985BC84A9468584FF0B229A791993">
<enum>
(C)
</enum>
<text>
Preparing an annual report to the Secretary described in section 136(d).
</text>
</subparagraph>
</paragraph>
<paragraph id="H3A187AB9F83B436E8F770F391F29ED3B">
<enum>
(8)
</enum>
<header>
Development of performance measures
</header>
<text>
Develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, as described under section 136(b).
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H1545D8762E5544919ECDB9BEA5F64418">
<enum>
(4)
</enum>
<text>
by striking subsection (e) and redesignating subsection (f) as subsection (e);
</text>
</paragraph>
<paragraph commented="no" id="H5835AE774836490ABBB1DB6AA091CBC0">
<enum>
(5)
</enum>
<text>
in subsection (e) (as so redesignated), by inserting
<quote>
or participate in any action taken
</quote>
after
<quote>
vote
</quote>
;
</text>
</paragraph>
<paragraph id="H897D65D7F6714E33BA2DCC8638374FAB">
<enum>
(6)
</enum>
<text>
by inserting after subsection (e) (as so redesignated), the following:
</text>
<quoted-block id="H1A09B570166C4A9F9AEF25C6E9536BA2" style="OLC">
<subsection id="HE37A26F240C144F7A076301CD1A92BA0">
<enum>
(f)
</enum>
<header>
Staff
</header>
<text>
The State board may employ staff to assist in carrying out the functions described in subsection (d).
</text>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H88F7FF8256AA423A822198646CEA8AF0">
<enum>
(7)
</enum>
<text>
in subsection (g), by inserting
<quote>
electronic means and
</quote>
after
<quote>
on a regular basis through
</quote>
.
</text>
</paragraph>
</section>
<section id="H37ABF8459C7445C89ABE30D2E1F6A281">
<enum>
104.
</enum>
<header>
State plan
</header>
<text display-inline="no-display-inline">
Section 112 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2822">
29 U.S.C. 2822
</external-xref>
)—
</text>
<paragraph id="HF67F03F85DA848CFB605D1798BA9DD57">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="HDFF0DFFEE7604A7987BF5C80CDED063D">
<enum>
(A)
</enum>
<text>
by striking
<quote>
127 or
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H7CA49328DB1547F8825547615D09E414">
<enum>
(B)
</enum>
<text>
by striking
<quote>
5-year strategy
</quote>
and inserting
<quote>
3-year strategy
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H003FD5564C8D48DCB8E5E657C0834740">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="HF7FFA52D25F040A18D8DFB9307E58744">
<enum>
(A)
</enum>
<text>
by amending paragraph (4) to read as follows:
</text>
<quoted-block id="H7AB237A006DB43B5ADC36041A5DC48AF" style="OLC">
<paragraph id="H31D6326401DC4EB9BEC5ADD2D0A0CFD8">
<enum>
(4)
</enum>
<text>
information describing—
</text>
<subparagraph id="HB83D43A9C92F46818FAB402468C2DB7A">
<enum>
(A)
</enum>
<text>
the economic conditions in the State;
</text>
</subparagraph>
<subparagraph id="H673013813677498291FD6304741AA0F5">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy;
</text>
</subparagraph>
<subparagraph id="H66C9F54A8F2C4CD3A5A3A10FEEAAC5E8">
<enum>
(C)
</enum>
<text>
the knowledge and skills of the workforce in the State; and
</text>
</subparagraph>
<subparagraph id="H526C1287E0F14C5AA3A5E812B9B8C93F">
<enum>
(D)
</enum>
<text>
workforce development activities (including education and training) in the State;
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HD04CF65BE97F4EE3A96F2CABBAA74CAA">
<enum>
(B)
</enum>
<text>
by amending paragraph (7) to read as follows:
</text>
<quoted-block id="H19DA1672D9574B6EBCA14D7F089AC074" style="OLC">
<paragraph id="HFCB2E4408C5A4BBB89E6E589891A7A16">
<enum>
(7)
</enum>
<text>
a description of the State criteria for determining the eligibility of training providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training programs relate to occupations that are in-demand;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HC9DDA041FD2D4F9FB56790340ED01ECF">
<enum>
(C)
</enum>
<text>
by amending paragraph (8) to read as follows:
</text>
<quoted-block id="H1CD0AEF58AEE483F9D2F9C7D054B009F" style="OLC">
<paragraph id="HA7516BB9BE1A448DA9A55A75E797A8FC">
<enum>
(8)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HEA6092395F1B429B97ACBA9179ED291E">
<enum>
(A)
</enum>
<text>
a description of the procedures that will be taken by the State to assure coordination of, and avoid duplication among, the programs and activities identified under section 501(b)(2); and
</text>
</subparagraph>
<subparagraph id="H88C42E492758474F8C88F7986A5C1A08" indent="up1">
<enum>
(B)
</enum>
<text>
a description of common data collection and reporting processes used for the programs and activities described in subparagraph (A), which are carried out by one-stop partners, including—
</text>
<clause id="HE256F1DCA6744276B0E3AB98B82D592F">
<enum>
(i)
</enum>
<text>
assurances that such processes use quarterly wage records for performance measures described in section 136(b)(2)(A) that are applicable to such programs or activities; or
</text>
</clause>
<clause id="H2C1B73526E6D43AD99C2667893BD422B">
<enum>
(ii)
</enum>
<text>
if such wage records are not being used for the performance measures, an identification of the barriers to using such wage records and a description of how the State will address such barriers within one year of the approval of the plan;
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H50166AEA69D648BC9835702837A8641A">
<enum>
(D)
</enum>
<text>
in paragraph (9), by striking
<quote>
, including comment by representatives of businesses and representatives of labor organizations,
</quote>
;
</text>
</subparagraph>
<subparagraph id="H102B042027804093AD88936724305FE1">
<enum>
(E)
</enum>
<text>
in paragraph (11), by striking
<quote>
under sections 127 and 132
</quote>
and inserting
<quote>
under section 132
</quote>
;
</text>
</subparagraph>
<subparagraph id="H65D2F06957C7411BADD4B69A3E166EFD">
<enum>
(F)
</enum>
<text>
by striking paragraph (12);
</text>
</subparagraph>
<subparagraph id="HB20A71FC6C7F4EA2902A8D9E7038379B">
<enum>
(G)
</enum>
<text>
by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively;
</text>
</subparagraph>
<subparagraph id="H605123847C3948B29DEC80A09245F7DD">
<enum>
(H)
</enum>
<text>
in paragraph (12) (as so redesignated), by striking
<quote>
111(f)
</quote>
and inserting
<quote>
111(e)
</quote>
;
</text>
</subparagraph>
<subparagraph id="HB31DC0BAA3F44FDB8E7F84298F2D172C">
<enum>
(I)
</enum>
<text>
in paragraph (13) (as so redesignated), by striking
<quote>
134(c)
</quote>
and inserting
<quote>
121(e)
</quote>
;
</text>
</subparagraph>
<subparagraph id="HB6E752F70F244C39B8677ED73D689790">
<enum>
(J)
</enum>
<text>
in paragraph (14) (as so redesignated), by striking
<quote>
116(a)(5)
</quote>
and inserting
<quote>
116(a)(4)
</quote>
;
</text>
</subparagraph>
<subparagraph id="HA11C85A25C66489095965FD405A24733">
<enum>
(K)
</enum>
<text>
in paragraph (16) (as so redesignated)—
</text>
<clause id="H8065102396944B73B59D2B48A8729137">
<enum>
(i)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="HF68DFA05F9C64C6B867F474706204F34">
<enum>
(I)
</enum>
<text>
in clause (ii), by striking
<quote>
to dislocated workers
</quote>
;
</text>
</subclause>
<subclause id="HE551CEFF36F5492B962606DCB9BB9C37">
<enum>
(II)
</enum>
<text>
in clause (iii), by striking
<quote>
134(d)(4)
</quote>
and inserting
<quote>
134(c)(4)
</quote>
;
</text>
</subclause>
<subclause id="HF4361899EF754BD0B5322B554A74A149">
<enum>
(III)
</enum>
<text>
by striking
<quote>
and
</quote>
at the end of clause (iii);
</text>
</subclause>
<subclause id="H02D805C5B2BE4A0CB9E0CD03244BB0CF">
<enum>
(IV)
</enum>
<text>
by amending clause (iv) to read as follows:
</text>
<quoted-block id="HF916EF8E24BE4E73A00FD62F13B6F8D0" style="OLC">
<clause id="H7ADB9DC62D214E3AA3A252444A39EE3E">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2011">
7 U.S.C. 2011 et seq.
</external-xref>
)), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled and homeless veterans), and Native Americans; and
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="HB388E31F30264A78BE241A9B10D2AAF0">
<enum>
(V)
</enum>
<text>
by adding at the end the following new clause:
</text>
<quoted-block id="H24FE5F13496F4219ABA9F0282F17228D" style="OLC">
<clause id="H992BD5E73A91487C8CCA95CF616DE1F9">
<enum>
(v)
</enum>
<text>
how the State will—
</text>
<subclause id="H0EBEA263A03A42F7839F793296CD0F08">
<enum>
(I)
</enum>
<text>
consistent with section 188 and Executive Order No. 13217 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12131">
42 U.S.C. 12131
</external-xref>
note), serve the employment and training needs of individuals with disabilities; and
</text>
</subclause>
<subclause id="H1F7F4460110445AD97C0DCC627821FA9">
<enum>
(II)
</enum>
<text>
consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle;
</text>
</subclause>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="H506619BBF2D44B11BD7C85988EBE5A34">
<enum>
(ii)
</enum>
<text>
in subparagraph (B), by striking
<quote>
to the extent practicable
</quote>
and inserting
<quote>
in accordance with the requirements of the Jobs for Veterans Act (
<external-xref legal-doc="public-law" parsable-cite="pl/107/288">
Public Law 107–288
</external-xref>
) and the amendments made by such Act
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H9AE49AE807B04EB0B4AA7EB7EF9891C8">
<enum>
(L)
</enum>
<text>
by striking paragraph (17) (as so redesignated) and inserting the following:
</text>
<quoted-block id="HFEC5988CF1414A7C95C1E527100D0A4C" style="OLC">
<paragraph display-inline="no-display-inline" id="HC472762097E84B5BB7311044EE36CE67">
<enum>
(17)
</enum>
<text>
a description of the strategies and services that will be used in the State—
</text>
<subparagraph id="H0168D36162D94DC19299FE386B55FF17">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the State economy;
</text>
</subparagraph>
<subparagraph id="HC57396DB27D243359DE1BE2FDFC74B4C">
<enum>
(B)
</enum>
<text>
to meet the needs of employers in the State; and
</text>
</subparagraph>
<subparagraph id="HC3A993B725584A30BD444AA3EFCAF951">
<enum>
(C)
</enum>
<text>
to better coordinate workforce development programs with economic development activities;
</text>
</subparagraph>
</paragraph>
<paragraph id="H6F1A589C72E24CA2A00DB3653735253B">
<enum>
(18)
</enum>
<text>
a description of how the State board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster—
</text>
<subparagraph id="H21FE9B565F6F4A3599C45B2CC3480F99">
<enum>
(A)
</enum>
<text>
to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters;
</text>
</subparagraph>
<subparagraph id="H71F24A07D9C84CE48B1B93B8CC32A5FF">
<enum>
(B)
</enum>
<text>
to address the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the State economy, and
</text>
</subparagraph>
<subparagraph id="H0E88455754D94BB18D8DAC0DEC4FDE82">
<enum>
(C)
</enum>
<text>
to address critical skill gaps within and across industries;
</text>
</subparagraph>
</paragraph>
<paragraph id="H693031ADEC0D48698BF599AAE463FE28">
<enum>
(19)
</enum>
<text>
a description of how the State will utilize technology to facilitate access to services in remote areas, which may be used throughout the State;
</text>
</paragraph>
<paragraph id="H1675AB9EDA5E413786DEABF14CBA8CDF">
<enum>
(20)
</enum>
<text>
a description of the State strategy and assistance to be provided for encouraging regional cooperation within the State and across State borders, as appropriate;
</text>
</paragraph>
<paragraph id="H63A8601954654C0AAB317529E5750970">
<enum>
(21)
</enum>
<text>
a description of the actions that will be taken by the State to foster communication, coordination, and partnerships with non-profit organizations (including public libraries, community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, to enhance the quality and comprehensiveness of services available to participants under this title;
</text>
</paragraph>
<paragraph id="H3C928D7EA03E4159928042B5A8B96C78">
<enum>
(22)
</enum>
<text>
a description of the process and methodology for determining—
</text>
<subparagraph id="H89BD82D5CCCC4AB0B41A25C1AD36B7B3">
<enum>
(A)
</enum>
<text>
one-stop partner program contributions for the cost of the infrastructure of one-stop centers under section 121(h)(1); and
</text>
</subparagraph>
<subparagraph id="H47AB87F9442041D484819F8E66C5D743">
<enum>
(B)
</enum>
<text>
the formula for allocating such infrastructure funds to local areas under section 121(h)(3);
</text>
</subparagraph>
</paragraph>
<paragraph id="HFBFD509123714495AD14FA8659A4DA30">
<enum>
(23)
</enum>
<text display-inline="yes-display-inline">
a description of the strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including—
</text>
<subparagraph id="HB571308FC1C847EF87DC7247170384E5">
<enum>
(A)
</enum>
<text>
training and internships in in-demand industries or occupations important to the State and local economy;
</text>
</subparagraph>
<subparagraph id="HB06218C9F17746FFA7A5580F5A116EB7">
<enum>
(B)
</enum>
<text>
dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and
</text>
</subparagraph>
<subparagraph id="H0FA009C0EA8A43C1B69EBF84FBAABE2A">
<enum>
(C)
</enum>
<text>
activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H2BCB2875A5DF41E78A7F5FEB31FAF352">
<enum>
(24)
</enum>
<text>
a description of—
</text>
<subparagraph id="H980C5A2A164E45CE8098AA91689F4B1D">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
how the State will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans;
</text>
</subparagraph>
<subparagraph id="H001FB254897E4C9586CFC19011082148">
<enum>
(B)
</enum>
<text>
the strategies and services that will be used in the State to assist and expedite reintegration of homeless veterans into the labor force; and
</text>
</subparagraph>
<subparagraph id="H99F823CD4EA14081932375ADD9417878">
<enum>
(C)
</enum>
<text>
the veteran population to be served in the State.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H0B8AEE7574FA4334B07D60E1E5C0FDAE">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in subsection (c), by striking
<quote>
period, that—
</quote>
and all that follows through paragraph (2) and inserting
<quote>
period, that the plan is inconsistent with the provisions of this title.
</quote>
; and
</text>
</paragraph>
<paragraph id="HA3B592C044444DDE8B382DAD8D9E87D7">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
in subsection (d), by striking
<quote>
5-year
</quote>
and inserting
<quote>
3-year
</quote>
.
</text>
</paragraph>
</section>
<section id="H857274BE4C074496AC293C924893C3A1">
<enum>
105.
</enum>
<header>
Local workforce investment areas
</header>
<text display-inline="no-display-inline">
Section 116 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2831">
29 U.S.C. 2831
</external-xref>
) is amended—
</text>
<paragraph id="H70833DCB7C7245468DCA43022A7BC448">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph display-inline="no-display-inline" id="H71F4D046BDF5474687E8FBA2FE215E00">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by amending paragraph (1) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H48B4285DE8AA479AB56BA0E8CC90D7FD" style="OLC">
<paragraph id="H6A3EA8C2DE394B72B9340B86D957D728">
<enum>
(1)
</enum>
<header>
In general
</header>
<subparagraph id="H360EEDBCEB984225BD5D12E789E63039">
<enum>
(A)
</enum>
<header>
Process
</header>
<text display-inline="yes-display-inline">
In order to receive an allotment under section 132, a State, through the State board, shall establish a process to designate local workforce investment areas within the State. Such process shall—
</text>
<clause id="H78678C86F44D419DA2EC87E2FBB5F218">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
support the statewide workforce investment system developed under section 111(d)(2) that will meet the workforce needs of the State and its local areas;
</text>
</clause>
<clause id="HFDEB14BE5A1C490D8F5C6F3E4ABF5319">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
include prior consultation with chief elected officials;
</text>
</clause>
<clause id="HD6DEFD96A446411D974020EED791B624">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
consider comments received through the public comment process as described in section 112(b)(9); and
</text>
</clause>
<clause id="H88CE342169FB4D29A34F87BB55251700">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
require the submission of an approved application under subparagraph (B).
</text>
</clause>
</subparagraph>
<subparagraph id="HC5B3D7F67CDC413D8A2426964D90DC8A">
<enum>
(B)
</enum>
<header>
Application
</header>
<text display-inline="yes-display-inline">
To be designated as a local area under this paragraph, a local or regional board (or consortiums of local or regional boards) shall submit an application to a State board at such time, in such manner, and containing such information as the State board may require, including—
</text>
<clause id="HBCB028C163C4487C9501BF0174E4299D">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
a description of the local area, including the population that will be served by the local area, and the education and training needs of its employers and workers;
</text>
</clause>
<clause id="H34338075A9174AAE9A230361AAB61D08">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
a description of how the local area is consistent or aligned with—
</text>
<subclause id="HF74F8307CE7240D4A2FC254FE13143A7">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
service delivery areas;
</text>
</subclause>
<subclause id="HDD84F159EA1B494B97CB51EAAFC8B38D">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
labor market areas; and
</text>
</subclause>
<subclause id="H22DD5E2E7F0440EF8C79C28342145BBF">
<enum>
(III)
</enum>
<text display-inline="yes-display-inline">
economic development regions;
</text>
</subclause>
</clause>
<clause id="HA2D5DBFFAAD84887915F7D62CBF86B54">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
a description of the eligible providers of education and training, including postsecondary educational institutions such as community colleges, located in the local area available to meet the needs of the local workforce;
</text>
</clause>
<clause id="H0071D906262746FEAECD45A791D8B4AA">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
a description of the distance that individuals will need to travel to receive services provided in such local area; and
</text>
</clause>
<clause id="H5F5373CE09194D8AA58924FE8D60EF16">
<enum>
(v)
</enum>
<text display-inline="yes-display-inline">
any other criteria that the State board may require.
</text>
</clause>
</subparagraph>
<subparagraph id="H0D9D0717B1764171A84B0C2F39D7B075">
<enum>
(C)
</enum>
<header>
Priority
</header>
<text display-inline="yes-display-inline">
In designating local areas under this paragraph, a State board shall give priority consideration to applicants demonstrating that a designation as a local area under this paragraph will result in the reduction of overlapping service delivery areas, local market areas, or economic development regions.
</text>
</subparagraph>
<subparagraph id="HE9503A122C3C4CECA63348BF1E2B7B0B">
<enum>
(D)
</enum>
<header>
Alignment with local plan
</header>
<text display-inline="yes-display-inline">
A State may designate an applicant as a local area under this paragraph for a period not to exceed 3 years.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HCCE89ABCD06F4F57822B623A9EE0C1BA">
<enum>
(B)
</enum>
<text>
by amending paragraph (2) to read as follows:
</text>
<quoted-block id="HFC7B30BBE2E543089BB7B936387401B4" style="OLC">
<paragraph id="HFDE15658ACB143B39157CD9BA59994E3">
<enum>
(2)
</enum>
<header>
Technical assistance
</header>
<text>
The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H79950B237CCB4820AE3828212EC78B0B">
<enum>
(C)
</enum>
<text>
by striking paragraph (3);
</text>
</subparagraph>
<subparagraph id="HDB094CDA9D544665933FDE1ECC65F7B9">
<enum>
(D)
</enum>
<text>
by striking paragraph (4);
</text>
</subparagraph>
<subparagraph id="H86516B17DCE9440587CF1F34778F657C">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
by redesignating paragraph (5) as paragraph (3); and
</text>
</subparagraph>
<subparagraph id="H13986385A4884EF68A801AED81D71FAC">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
in paragraph (3) (as so redesignated), by striking
<quote>
(2) or (3)
</quote>
both places it appears and inserting
<quote>
(1)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H0CF17B6E119D4465889C8930A1D84787">
<enum>
(2)
</enum>
<text>
by amending subsection (b) to read as follows:
</text>
<quoted-block id="H6927EB89B07F409C91859634056A28D1" style="OLC">
<subsection id="HC5403A26F9224176AA65C31E435141C2">
<enum>
(b)
</enum>
<header>
Single states
</header>
<text display-inline="yes-display-inline">
Consistent with subsection (a), the State board of a State may designate the State as a single State local area for the purposes of this title.
</text>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H2AE67F09466E4217B9108871C3E96F1E">
<enum>
(3)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="HB09AD0233EE74917A74F6EF0C426FE3F">
<enum>
(A)
</enum>
<text>
in paragraph (1), by adding at the end the following:
<quote>
The State may require the local boards for the designated region to prepare a single regional plan that incorporates the elements of the local plan under section 118 and that is submitted and approved in lieu of separate local plans under such section.
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA921B95549934B21B3B2E98ECDDE6907">
<enum>
(B)
</enum>
<text>
in paragraph (2), by striking
<quote>
employment statistics
</quote>
and inserting
<quote>
workforce and labor market information
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H68FBAD1A40F94941B7C20B0BEA759963">
<enum>
106.
</enum>
<header>
Local workforce investment boards
</header>
<text display-inline="no-display-inline">
Section 117 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2832">
29 U.S.C. 2832
</external-xref>
) is amended—
</text>
<paragraph id="H70F621C070F64AA69F50C44849A6A91B">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (b)—
</text>
<subparagraph id="H57B5DC08DD874D5D91D74B840BCA8D42">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
in paragraph (2)—
</text>
<clause id="H76E9B27302754C17A122472C1644A973">
<enum>
(i)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="HD83C52A59884496CBE914DFEFE14696B">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
include—
</quote>
and all that follows through
<quote>
representatives
</quote>
and inserting
<quote>
include representatives
</quote>
;
</text>
</subclause>
<subclause id="H3FFE1A5E1D57412A907672796B1DA341">
<enum>
(II)
</enum>
<text>
by striking clauses (ii) through (vi);
</text>
</subclause>
<subclause id="H65FDB7B823EC4C43A591265202C9F640">
<enum>
(III)
</enum>
<text>
by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively (and by moving the margins of such clauses 2 ems to the left);
</text>
</subclause>
<subclause id="HAC7C920C101248ABA618B7140E196018">
<enum>
(IV)
</enum>
<text>
by striking clause (ii) (as so redesignated) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2DBFC6D2C9C2407AB455E01AEEE97337" style="OLC">
<clause id="H2EC9AD73BE9E4C59B3A412F25EB8A3AE">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the local economy; and
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="HD266D062A6014DE9A6E9F35A10A0B2D3">
<enum>
(V)
</enum>
<text>
by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting
<quote>
; and
</quote>
; and
</text>
</subclause>
</clause>
<clause id="H4A16F12A2E9440408DB2DC363BEE7B61">
<enum>
(ii)
</enum>
<text>
by amending subparagraph (B) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H092ED7FFF53040088CEA1DCE1C1117F5" style="OLC">
<subparagraph id="H75ACFB4E4C2342DBB4490950A416819D">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate, including—
</text>
<clause id="H4A18D9DEEBD444BA8DBF3ECB5868C935">
<enum>
(i)
</enum>
<text>
a superintendent of the local secondary school system, the president or chief executive officer of a postsecondary educational institution (including a community college, where such an entity exists), or an administrator of local entities providing adult education and literacy activities;
</text>
</clause>
<clause id="H4C182B3EC266403EB7F0E36704EB902E">
<enum>
(ii)
</enum>
<text>
representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); or
</text>
</clause>
<clause id="H35BC882A3A15478A933AA0DE818DE3A3">
<enum>
(iii)
</enum>
<text>
representatives of veterans service organizations.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HBD80B3ADDB4040718E784D7DC8C7C752">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in paragraph (4)—
</text>
<clause id="HD515DB96C54942E6A938EF52E83CAE31">
<enum>
(i)
</enum>
<text>
by striking
<quote>
A majority
</quote>
and inserting
<quote>
A
<fraction>
2/3
</fraction>
majority
</quote>
; and
</text>
</clause>
<clause id="HCE999B1DFC6048C4B5256897A88CF25A">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
(2)(A)(i)
</quote>
and inserting
<quote>
(2)(A)
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H894E91392C074CEC96F5B0A6BB8A20EF">
<enum>
(C)
</enum>
<text>
in paragraph (5) by striking
<quote>
(2)(A)(i)
</quote>
and inserting
<quote>
(2)(A)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H1B85D620620C40C7B6EB422BF90BEA5B">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by striking subsection (c)(1)(C);
</text>
</paragraph>
<paragraph id="HD269F84DAF26415EA2167C7B788C6800">
<enum>
(3)
</enum>
<text>
by amending subsection (d) to read as follows:
</text>
<quoted-block id="HD30382DCF6554C0E8C3C8CC0608A37AB" style="OLC">
<subsection id="H7F3ED819F5784BB1AFF3DEE4E4840AA2">
<enum>
(d)
</enum>
<header>
Functions of local board
</header>
<text>
The functions of the local board shall include the following:
</text>
<paragraph id="H9A0C3C2E24AB4A34B1916F6472F232CE">
<enum>
(1)
</enum>
<header>
Local plan
</header>
<text>
Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor.
</text>
</paragraph>
<paragraph id="H93F052B2656A4C529DC2EF1AA96205A8">
<enum>
(2)
</enum>
<header>
Workforce research and regional labor market analysis
</header>
<subparagraph id="HA10310396AA44549A1B4A666E264F1F8">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The local board shall—
</text>
<clause id="H775CF1B4F3DD49DFBEA74D699C8D8254">
<enum>
(i)
</enum>
<text>
conduct, and regularly update, an analysis of—
</text>
<subclause id="H564AD0A13BB84EAB8D1D9FE96F6C5353">
<enum>
(I)
</enum>
<text>
the economic conditions in the local area;
</text>
</subclause>
<subclause id="H41680881D32D460AB1A27316F3065F65">
<enum>
(II)
</enum>
<text>
the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy;
</text>
</subclause>
<subclause id="H6F08FE8BB9CE45CDB40DE8D5C0B8D716">
<enum>
(III)
</enum>
<text>
the knowledge and skills of the workforce in the local area; and
</text>
</subclause>
<subclause id="H2150D7B9ECAB45BA815E5D2B71F243A0">
<enum>
(IV)
</enum>
<text>
workforce development activities (including education and training) in the local area; and
</text>
</subclause>
</clause>
<clause id="HCFE406CC90314C6595B66D2825AA5BC8">
<enum>
(ii)
</enum>
<text>
assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act.
</text>
</clause>
</subparagraph>
<subparagraph id="H21E866E4EC5042DEA949B2304439DA92">
<enum>
(B)
</enum>
<header>
Existing analysis
</header>
<text>
A local board shall use existing analysis by the local economic development entity or related entity in order to carry out requirements of subparagraph (A)(i).
</text>
</subparagraph>
</paragraph>
<paragraph id="H686612DC1F664BBEB3E1BB74454C8B0B">
<enum>
(3)
</enum>
<header>
Employer engagement
</header>
<text>
The local Board shall meet the needs of employers and support economic growth in the local area by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers.
</text>
</paragraph>
<paragraph id="H610B466AECAC4F10B16538134B5A98CE">
<enum>
(4)
</enum>
<header>
Budget and administration
</header>
<subparagraph id="H77863E69EE334D439EB01A24F75B5FAE">
<enum>
(A)
</enum>
<header>
Budget
</header>
<clause id="HEB00707C43CF4BFB8816268250FA463B">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection.
</text>
</clause>
<clause id="HE91F3896CC604E8F87569E587AAC322B">
<enum>
(ii)
</enum>
<header>
Training reservation
</header>
<text>
In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(c)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve under this clause.
</text>
</clause>
</subparagraph>
<subparagraph id="H70C6C190C47A4A1292EC907C57CE340A">
<enum>
(B)
</enum>
<header>
Administration
</header>
<clause id="HF59FA652FFD64059A8E6DAE076CE0CD8">
<enum>
(i)
</enum>
<header>
Grant recipient
</header>
<subclause id="H807184B7821F49FE8DAFF5F319BC84A3">
<enum>
(I)
</enum>
<header>
In general
</header>
<text>
The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under section 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability.
</text>
</subclause>
<subclause id="H84F3DAA51CC644E2A2333F3A5C624A26">
<enum>
(II)
</enum>
<header>
Designation
</header>
<text>
In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I).
</text>
</subclause>
<subclause id="HB54F31BB444E47E9BC9DFEB88CA36FF9">
<enum>
(III)
</enum>
<header>
Disbursal
</header>
<text>
The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board.
</text>
</subclause>
</clause>
<clause id="H38E397CCCBE2413392F4B6CE162CC058">
<enum>
(ii)
</enum>
<header>
Staff
</header>
<text>
The local board may employ staff to assist in carrying out the functions described in this subsection.
</text>
</clause>
<clause id="H42EC9DF31D644509A4837AB203383314">
<enum>
(iii)
</enum>
<header>
Grants and donations
</header>
<text>
The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H041A0F21E1684EF58D86F9ECA4108FA1">
<enum>
(5)
</enum>
<header>
Selection of operators and providers
</header>
<subparagraph id="H03FE4F64B73C4AACB49B8FFEA1B417B5">
<enum>
(A)
</enum>
<header>
Selection of one-stop operators
</header>
<text>
Consistent with section 121(d), the local board, with the agreement of the chief elected official—
</text>
<clause id="H63153C55D5A64CD4BC6AB97755A2390A">
<enum>
(i)
</enum>
<text>
shall designate or certify one-stop operators as described in section 121(d)(2)(A); and
</text>
</clause>
<clause id="HC084FAF1237C4D1080A1A1E63239D9B7">
<enum>
(ii)
</enum>
<text>
may terminate for cause the eligibility of such operators.
</text>
</clause>
</subparagraph>
<subparagraph id="H1AC95A42395C457DB17FD6EA7C18FCC5">
<enum>
(B)
</enum>
<header>
Identification of eligible training service providers
</header>
<text display-inline="yes-display-inline">
Consistent with this subtitle, the local board shall identify eligible providers of training services described in section 134(c)(4) in the local area, annually review the outcome of each such eligible provider using the criteria under section 122(b)(2), and designate eligible providers in the local area who have demonstrated the highest level of success with respect to such criteria as priority eligible providers for the following program year.
</text>
</subparagraph>
<subparagraph id="H71B9136A115A4ECC900235C19EF0BE66">
<enum>
(C)
</enum>
<header>
Identification of eligible providers of work ready services
</header>
<text>
If the one-stop operator does not provide the services described in section 134(c)(2) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts.
</text>
</subparagraph>
</paragraph>
<paragraph id="H8836920C039846CA97763853034B7C0D">
<enum>
(6)
</enum>
<header>
Program oversight
</header>
<text>
The local board, in partnership with the chief elected official, shall be responsible for—
</text>
<subparagraph id="H5AA29841BE984F329C8F66588D778C76">
<enum>
(A)
</enum>
<text>
ensuring the appropriate use and management of the funds provided for local employment and training activities authorized under section 134(b); and
</text>
</subparagraph>
<subparagraph id="H3E6D1B62D0474988B66C89C74B548BED">
<enum>
(B)
</enum>
<text>
conducting oversight of the one-stop delivery system in the local area authorized under section 121.
</text>
</subparagraph>
</paragraph>
<paragraph id="H134C1D7EF069469EB19EDFD7BB586976">
<enum>
(7)
</enum>
<header>
Negotiation of local performance measures
</header>
<text>
The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c).
</text>
</paragraph>
<paragraph id="HA9E5121E31734976A06F8D1BF98CF027">
<enum>
(8)
</enum>
<header>
Technology improvements
</header>
<text>
The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including in remote areas.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H09A3B895642847D68AE7B560E361E49C">
<enum>
(4)
</enum>
<text>
in subsection (e)—
</text>
<subparagraph id="H930CF8A52EAF4318AE40F0BB170226CF">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
electronic means and
</quote>
after
<quote>
regular basis through
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HC2BD545FD9E447F1A4F9AF9304BB1B07">
<enum>
(B)
</enum>
<text>
by striking
<quote>
and the award of grants or contracts to eligible providers of youth activities,
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H63612D1F66DB4C6BBF19D6550182AE93">
<enum>
(5)
</enum>
<text>
in subsection (f)—
</text>
<subparagraph id="HB803F4B106E1480BAB5D35505CD862CD">
<enum>
(A)
</enum>
<text>
in paragraph (1)(A), by striking
<quote>
section 134(d)(4)
</quote>
and inserting
<quote>
section 134(c)(4)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H257F3DB599074402AF186701417A3436">
<enum>
(B)
</enum>
<text>
by striking paragraph (2) and inserting the following:
</text>
<quoted-block id="HFBC9BBC8F0EA4A6DAF31D09DDEB1D0D4" style="OLC">
<paragraph id="HAB1BE0B7FC4B455B8A33211D750AD664">
<enum>
(2)
</enum>
<header>
Work ready services, designation, or certification as one-stop operators
</header>
<text>
A local board may provide work ready services described in section 134(c)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HE3D9DE2756EF4B1C9DF331263F992CBE">
<enum>
(6)
</enum>
<text>
in subsection (g)(1), by inserting
<quote>
or participate in any action taken
</quote>
after
<quote>
vote
</quote>
; and
</text>
</paragraph>
<paragraph id="HBE67800C51FC4BC0A2CB61CFD08DE3C6">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
by striking subsections (h) and (i).
</text>
</paragraph>
</section>
<section id="H1E2D51B1367B4F61A4439F7B6798C7E5">
<enum>
107.
</enum>
<header>
Local plan
</header>
<text display-inline="no-display-inline">
Section 118 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2833">
29 U.S.C. 2833
</external-xref>
) is amended—
</text>
<paragraph id="H01D957467E044936A38357D1C1119A77">
<enum>
(1)
</enum>
<text>
in subsection (a), by striking
<quote>
5-year
</quote>
and inserting
<quote>
3-year
</quote>
;
</text>
</paragraph>
<paragraph id="HC040FA0B3225416F9C0A504427193440">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by amending subsection (b) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H99E92936ED894917B55BF9F0D9EE69DB" style="OLC">
<subsection id="HA8267B385377477F973EC123B2026FA3">
<enum>
(b)
</enum>
<header>
Contents
</header>
<text display-inline="yes-display-inline">
The local plan shall include—
</text>
<paragraph id="HCE502747A1664D16BCD48D2AA5B39982">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
a description of the analysis of the local area's economic and workforce conditions conducted under section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle;
</text>
</paragraph>
<paragraph id="H9903B79BBA1A49278F99569FC4831702">
<enum>
(2)
</enum>
<text>
a description of the one-stop delivery system in the local area, including—
</text>
<subparagraph id="HB76AF11648914C4A904E7B7805DBEB50">
<enum>
(A)
</enum>
<text>
a description of how the local board will ensure—
</text>
<clause id="H557E3DC529184D1AA6719452D2A5CD24">
<enum>
(i)
</enum>
<text>
the continuous improvement of eligible providers of services through the system; and
</text>
</clause>
<clause id="H4992841386C849C7B504F3730E9B011D">
<enum>
(ii)
</enum>
<text>
that such providers meet the employment needs of local businesses and participants; and
</text>
</clause>
</subparagraph>
<subparagraph id="H56226B9EF25644E1B3039E53CD4B26BD">
<enum>
(B)
</enum>
<text>
a description of how the local board will facilitate access to services provided through the one-stop delivery system consistent with section 117(d)(8);
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H3261CC3262BA4CD99520D989D3544BF9">
<enum>
(3)
</enum>
<text>
a description of the strategies and services that will be used in the local area—
</text>
<subparagraph id="HA09B7FECF9704B2AAB77F8D2573ADA03">
<enum>
(A)
</enum>
<text>
to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the local economy;
</text>
</subparagraph>
<subparagraph id="H4428960CDBFF4D8DAF9B65CABA7016FE">
<enum>
(B)
</enum>
<text>
to meet the needs of employers in the local area;
</text>
</subparagraph>
<subparagraph id="HAED3F45A96AB4BF6BB40F4ED9CA9EF65">
<enum>
(C)
</enum>
<text>
to better coordinate workforce development programs with economic development activities; and
</text>
</subparagraph>
<subparagraph id="H6587974049894859B96FA641F4368BAD">
<enum>
(D)
</enum>
<text>
to better coordinate workforce development programs with employment, training, and literacy services carried out by nonprofit organizations, including public libraries, as appropriate;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H5DF8A67CB41649749D33CED933C8C72F">
<enum>
(4)
</enum>
<text>
a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster—
</text>
<subparagraph id="H079557C95DB14A0BA1A7FC2B8F03BCCD">
<enum>
(A)
</enum>
<text>
to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters;
</text>
</subparagraph>
<subparagraph id="HD5F226435F1C4679B3C60CE2E3AB0A32">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the local economy; and
</text>
</subparagraph>
<subparagraph id="H9F3CEEE9F0F841C7B14746D760B9CC1F">
<enum>
(C)
</enum>
<text>
to address critical skill gaps within and across industries;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H8E05699C52AC4B1186899E7E95884A0D">
<enum>
(5)
</enum>
<text>
a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(c)(4);
</text>
</paragraph>
<paragraph id="HFB03C985495F4491B53C54DF6F8063AB">
<enum>
(6)
</enum>
<text>
a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide activities, as appropriate;
</text>
</paragraph>
<paragraph id="HF40D89719CD64C68A81726D1E2E62A9E">
<enum>
(7)
</enum>
<text>
a description of how the local area will—
</text>
<subparagraph id="H32FE1A0B337A4575BBF6B90171AF57E3">
<enum>
(A)
</enum>
<text>
coordinate activities with the local area’s disability community and with services provided under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1414">
20 U.S.C. 1414(d)(1)(A)(i)(VIII)
</external-xref>
) by local educational agencies serving such local area to make available comprehensive, high-quality services to individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="HE0F1684473664C77AB3CAE914105CADF">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
consistent with section 188 and Executive Order No. 13217 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12131">
42 U.S.C. 12131
</external-xref>
note), serve the employment and training needs of individuals with disabilities, with a focus on employment that fosters independence and integration; and
</text>
</subparagraph>
<subparagraph id="HBBA581D4EAA947E6A085590B92758804">
<enum>
(C)
</enum>
<text>
consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H5A43C3339924478C850416C1EE6EC0A8">
<enum>
(8)
</enum>
<text>
a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be—
</text>
<subparagraph id="HADD8515340DE4B2B98D86BF7EF6D7901">
<enum>
(A)
</enum>
<text>
used to measure the performance of the local area; and
</text>
</subparagraph>
<subparagraph id="H3DF47ECB75444B2A942C304EAACF1A01">
<enum>
(B)
</enum>
<text>
used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="HE51673740E754CCA874040A4F01E2486">
<enum>
(9)
</enum>
<text>
a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan;
</text>
</paragraph>
<paragraph id="HCBC202021CD44DFC9270886C50E212F8">
<enum>
(10)
</enum>
<text display-inline="yes-display-inline">
a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as the Supplemental Nutrition Assistance Program), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled veterans and homeless veterans), and Native Americans;
</text>
</paragraph>
<paragraph id="H964210F172B24CBBAEB81F5C6802BB2D">
<enum>
(11)
</enum>
<text>
an identification of the entity responsible for the disbursal of grant funds described in subclause (III) of section 117(d)(4)(B)(i), as determined by the chief elected official or the Governor under such section;
</text>
</paragraph>
<paragraph id="HE7DD64C59AB8431EA26DFAF6E66862FD">
<enum>
(12)
</enum>
<text display-inline="yes-display-inline">
a description of the strategies and services that will be used in the local area to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including—
</text>
<subparagraph id="HE604D53123C24FA8AA245BC820334613">
<enum>
(A)
</enum>
<text>
training and internships in in-demand industries or occupations important to the local economy;
</text>
</subparagraph>
<subparagraph id="HC2AAF1836BC4411584900D9545A4BDCB">
<enum>
(B)
</enum>
<text>
dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and
</text>
</subparagraph>
<subparagraph id="HB6C8EF20EB2F481AB1A83BDC380B9669">
<enum>
(C)
</enum>
<text>
activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="HEC166BB4B35A41A09B3B2A848BFC4795">
<enum>
(13)
</enum>
<text display-inline="yes-display-inline">
a description of—
</text>
<subparagraph id="H3A7192FBC2004E22B321D76784FB86FA">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
how the local area will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans;
</text>
</subparagraph>
<subparagraph id="H2807AD4DA7AF4C54BCB20EBF014097D7">
<enum>
(B)
</enum>
<text>
the strategies and services that will be used in the local area to assist and expedite reintegration of homeless veterans into the labor force; and
</text>
</subparagraph>
<subparagraph id="H2CAEA48C67E54E5C9AC7BCCF674942CD">
<enum>
(C)
</enum>
<text>
the veteran population to be served in the local area;
</text>
</subparagraph>
</paragraph>
<paragraph id="HCF68985B25EC4D768B86DA93420BB10A">
<enum>
(14)
</enum>
<text>
a description of—
</text>
<subparagraph id="H810FB75EA32444C3A640072A9398BA00">
<enum>
(A)
</enum>
<text>
the duties assigned to the veteran employment specialist consistent with the requirements of section 134(f);
</text>
</subparagraph>
<subparagraph id="H4CBF36AD141244B7BF9E54B20011EA74">
<enum>
(B)
</enum>
<text>
the manner in which the veteran employment specialist is integrated into the One-Stop Career System described in section 121;
</text>
</subparagraph>
<subparagraph id="HDC4AE4ED585E41E4A82A516C02592E2C">
<enum>
(C)
</enum>
<text>
the date on which the veteran employment specialist was assigned; and
</text>
</subparagraph>
<subparagraph id="H174DC1F2669F4BF08966F11BCCDB72CC">
<enum>
(D)
</enum>
<text>
whether the veteran employment specialist has satisfactorily competed such training by the National Veterans' Employment and Training Services Institute; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H091C27E69585494CA83E91CDA1D712E2">
<enum>
(15)
</enum>
<text>
such other information as the Governor may require.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H40B43B0CE9FA4C8D8F687DC9A138F331">
<enum>
(3)
</enum>
<text>
in subsection (c)(1), by striking
<quote>
such means
</quote>
and inserting
<quote>
electronic means such
</quote>
; and
</text>
</paragraph>
<paragraph id="H39E1CCDD9DBF4FC0A6F8A6EF74F80265">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
in subsection (c)(2), by striking
<quote>
, including representatives of business and representatives of labor organizations,
</quote>
.
</text>
</paragraph>
</section>
<section id="H00F3AFF99280448E8CEA1EBAE2584ABE">
<enum>
108.
</enum>
<header>
Establishment of one-stop delivery system
</header>
<text display-inline="no-display-inline">
Section 121 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
) is amended—
</text>
<paragraph id="H1282C2BD0AAB492FB7BDD6BC7352C35A">
<enum>
(1)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="H4B5B6BA1FCA94786B46B69D536DCB778">
<enum>
(A)
</enum>
<text>
by striking subparagraph (A) of paragraph (1) and inserting the following:
</text>
<quoted-block id="H6E8395EF4E1B4D7EB7FA910D87E506EF" style="OLC">
<subparagraph id="H9014AA547B2C4D179FA1F6B10E8BD94A">
<enum>
(A)
</enum>
<header>
Roles and responsibilities of one-stop partners
</header>
<text>
Each entity that carries out a program or activities described in subparagraph (B) shall—
</text>
<clause id="HA4EF20CCF3424EA59281B79116420771">
<enum>
(i)
</enum>
<text>
provide access through the one-stop delivery system to the program and activities carried out by the entity, including making the work ready services described in section 134(c)(2) that are applicable to the program of the entity available at one-stop centers (in addition to any other appropriate locations);
</text>
</clause>
<clause id="H32E0CBA0A8C04418A421256F205EE9FE">
<enum>
(ii)
</enum>
<text>
use a portion of the funds available to the program of the entity to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h);
</text>
</clause>
<clause id="HEDF2EBFC0E0048CD98924DCE3DFB963E">
<enum>
(iii)
</enum>
<text>
enter into a local memorandum of understanding with the local board relating to the operation of the one-stop delivery system that meets the requirements of subsection (c); and
</text>
</clause>
<clause id="H20ACE24E463041459861AF210FABFD26">
<enum>
(iv)
</enum>
<text>
participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the programs carried out by the entity.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HE45D5A80163C45F8A6BC2784AF00B147">
<enum>
(B)
</enum>
<text>
in paragraph (1)(B)—
</text>
<clause id="H1DB50D4A90CD4B4AB4BC34A75D901890">
<enum>
(i)
</enum>
<text>
by striking clauses (ii), (v), and (vi);
</text>
</clause>
<clause id="HC42EE77CD18A4B9389B3414FFC3233F4">
<enum>
(ii)
</enum>
<text>
by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively;
</text>
</clause>
<clause id="H453DE7A1EF734ED8BA3183766016FC87">
<enum>
(iii)
</enum>
<text>
by redesignating clauses (vii) through (xii) as clauses (iv) through (ix), respectively;
</text>
</clause>
<clause id="H7ED62F055D94454DA409E410E16A9590">
<enum>
(iv)
</enum>
<text>
in clause (viii), as so redesignated, by striking
<quote>
and
</quote>
at the end;
</text>
</clause>
<clause id="H55C8147070EF4E0AA24BB8F2C79EAB65">
<enum>
(v)
</enum>
<text>
in clause (ix), as so redesignated, by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</clause>
<clause id="H780670DCE6374B879BC18BBB89AF9937">
<enum>
(vi)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H215C60810F8C4F48A9D1CD46DB00DB73" style="OLC">
<clause id="HF0B276F7770545DD8127EE5D3EA52BC1">
<enum>
(x)
</enum>
<text>
subject to subparagraph (C), programs authorized under part A of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/601">
42 U.S.C. 601 et seq.
</external-xref>
).
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H8BC3444962A44087A15A1C299C2A60B5">
<enum>
(C)
</enum>
<text>
by inserting after paragraph (1)(B) the following:
</text>
<quoted-block id="H3BB806B9CE9244A1BA599CE8B6862D36" style="OLC">
<subparagraph commented="no" id="H187B8F1F75EF422584121F7BB0ACD896">
<enum>
(C)
</enum>
<header>
Determination by the governor
</header>
<text display-inline="yes-display-inline">
Each entity carrying out a program described in subparagraph (B)(x) shall carry out the required partner activities described in subparagraph (A) unless the Governor of the State in which the local area is located provides the Secretary and Secretary of Health and Human Services written notice of a determination by the Governor that such entities shall not carry out such required partner activities.
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HA3E7EE077BC34CAA9D7788550FF3BEA1">
<enum>
(D)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="H99012209BE274894AA40AFBC014175F6">
<enum>
(i)
</enum>
<text>
in subparagraph (A)(i), by striking
<quote>
section 134(d)(2)
</quote>
and inserting
<quote>
section 134(c)(2)
</quote>
; and
</text>
</clause>
<clause id="H7371C78260A444C7889EB3433718FD01">
<enum>
(ii)
</enum>
<text>
in subparagraph (B)—
</text>
<subclause id="HC547092BFFA24F25BC136C7F6702FB43">
<enum>
(I)
</enum>
<text>
by striking clauses (i), (ii), and (v);
</text>
</subclause>
<subclause id="H42B7F53442194B2889DF4056EC6581E5">
<enum>
(II)
</enum>
<text>
in clause (iv), by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
<subclause id="H927A0EC0D05746E9A958395A2C06980C">
<enum>
(III)
</enum>
<text>
by redesignating clauses (iii) and (iv) as clauses (i) and (ii), respectively; and
</text>
</subclause>
<subclause id="H781507E527AD4241B9E78FFFA9E4E1A5">
<enum>
(IV)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HBB2874B2FD1F4AE08F0999ED97C2746B" style="OLC">
<clause id="HB27A7A22AFEE4AEF8C7B94E26B69BE04">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
employment and training programs administered by the Commissioner of the Social Security Administration;
</text>
</clause>
<clause id="H60474947B83E44198EC2B15C36A9B864">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
employment and training programs carried out by the Administrator of the Small Business Administration;
</text>
</clause>
<clause id="H0E0321F93C9940C5BA62D4B433D8DF66">
<enum>
(v)
</enum>
<text>
employment, training, and literacy services carried out by public libraries; and
</text>
</clause>
<clause id="H0793ED10B81C4DD8958CB5B9660B5721">
<enum>
(vi)
</enum>
<text>
other appropriate Federal, State, or local programs, including programs in the private sector.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HEF7968812D0744F2BC9C4F0D436743EC">
<enum>
(2)
</enum>
<text>
in subsection (c)(2), by amending subparagraph (A) to read as follows:
</text>
<quoted-block id="HBF67C78A24594F398C552C9321B8423C" style="OLC">
<subparagraph id="H1954230D00C841819BCDBF13BB12F9FF">
<enum>
(A)
</enum>
<text>
provisions describing—
</text>
<clause id="HBE1F73CFF7624BFF8007A77193CC8F23">
<enum>
(i)
</enum>
<text>
the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated through such system;
</text>
</clause>
<clause id="HA6F62488058F47829DDDB1E5B0F8B0A0">
<enum>
(ii)
</enum>
<text>
how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the infrastructure costs of one-stop centers in accordance with subsection (h);
</text>
</clause>
<clause id="H542A2201D1504D7387BC59EB72D14241">
<enum>
(iii)
</enum>
<text>
methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for nontraditional employment; and
</text>
</clause>
<clause id="H733CFDFF42704C5DBB808ED82E14B3A6">
<enum>
(iv)
</enum>
<text>
the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H650F85D8751C495DA854B402151DD82D">
<enum>
(3)
</enum>
<text>
in subsection (d)—
</text>
<subparagraph commented="no" id="H493BE147F49B4DF59D5B26DB297DF33E">
<enum>
(A)
</enum>
<text>
in the heading for paragraph (1), by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Designation and certification
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
Local designation and certification
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="HE5109382081941A4AF4DC15341E70F4C">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause commented="no" id="H1CA3A2CAAF6845E088E6709FD58AAEAB">
<enum>
(i)
</enum>
<text>
by striking
<quote>
section 134(c)
</quote>
and inserting
<quote>
subsection (e)
</quote>
;
</text>
</clause>
<clause commented="no" id="H5E2BA0E3DA4646ACAA3A630891042481">
<enum>
(ii)
</enum>
<text>
by amending subparagraph (A) to read as follows:
</text>
<quoted-block id="HB9293E244FB44755A8F273BACE8FF230" style="OLC">
<subparagraph commented="no" id="H596E3AAEB9EE48AD829D18480FFD6AFB">
<enum>
(A)
</enum>
<text>
shall be designated or certified as a one-stop operator through a competitive process; and
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
<clause commented="no" id="HBF39A10387CB4316BBC656098990E3DC">
<enum>
(iii)
</enum>
<text>
in subparagraph (B), by striking clause (ii) and redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H2B1D4D39B88B44B9A007647EBC70598A">
<enum>
(C)
</enum>
<text>
in paragraph (3), by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and technical
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HC2D6C38D4F5E45ACA88F9CF934326733">
<enum>
(4)
</enum>
<text>
by amending subsection (e) to read as follows:
</text>
<quoted-block id="HFAFBA2BB039A4B04A70E295A813B8EF9" style="OLC">
<subsection id="H8EC1BD35C0FC41AA947767957B90825E">
<enum>
(e)
</enum>
<header>
Establishment of one-Stop delivery system
</header>
<paragraph id="H66CD96318B18459EAC8319874868B5EF">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall—
</text>
<subparagraph id="H806B28E92E3048988F59620B31EFB539">
<enum>
(A)
</enum>
<text>
provide the work ready services described in section 134(c)(2);
</text>
</subparagraph>
<subparagraph id="HBD788C14FF5840AE9341F8F762844345">
<enum>
(B)
</enum>
<text>
provide access to training services as described in section 134(c)(4), including serving as the point of access to career enhancement accounts for training services to participants in accordance with paragraph (4)(F) of such section;
</text>
</subparagraph>
<subparagraph id="H0604B9E04B664A52BCCEB2452F360E95">
<enum>
(C)
</enum>
<text>
provide access to the activities carried out under section 134(d), if any;
</text>
</subparagraph>
<subparagraph id="HEBB49DCC099A4A2C98509F64F16BDDC5">
<enum>
(D)
</enum>
<text>
provide access to programs and activities carried out by one-stop partners that are described in subsection (b) of this section; and
</text>
</subparagraph>
<subparagraph id="HF8B06F92C29B4158A12E5995D3E1A7EA">
<enum>
(E)
</enum>
<text>
provide access to the information described in section 15(e) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(e)
</external-xref>
).
</text>
</subparagraph>
</paragraph>
<paragraph id="HAA4B211A9E5E46508A6EF1803FA4498A">
<enum>
(2)
</enum>
<header>
One-stop delivery
</header>
<text>
At a minimum, the one-stop delivery system—
</text>
<subparagraph id="H12A94DF6CBF04471806E01C888B99529">
<enum>
(A)
</enum>
<text>
shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than one physical center in each local area of the State; and
</text>
</subparagraph>
<subparagraph id="H19DFB9A95CF04A5A86EF62CB11C1311D">
<enum>
(B)
</enum>
<text>
may also make programs, services, and activities described in paragraph (1) available—
</text>
<clause id="H359449F823FA460E9B24068D7BDFD7B9">
<enum>
(i)
</enum>
<text>
through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and
</text>
</clause>
<clause id="HE7850B7D8BC14438B1A7150BFCCA2A6B">
<enum>
(ii)
</enum>
<text>
through a network of eligible one-stop partners—
</text>
<subclause id="H740131BF1F414A0EB71A67D78942745C">
<enum>
(I)
</enum>
<text>
in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically- or technologically-linked access point; and
</text>
</subclause>
<subclause id="H32EBCF5B0C9F481386F546F25BA893FB">
<enum>
(II)
</enum>
<text>
that assures individuals that information on the availability of the work ready services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I).
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H48A5091D5D7B4033B26FCFD58B54F985">
<enum>
(3)
</enum>
<header>
Specialized centers
</header>
<text>
The centers and sites described in paragraph (2) may have a specialization in addressing special needs.
</text>
</paragraph>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H77C480C6733E410E9D03780FBE6B8CBD">
<enum>
(5)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HC53202803DA04F92BE2AC12FE97DDB5E" style="OLC">
<subsection id="H3414BE8A3D0D434E80D4EB234F9C09DE">
<enum>
(g)
</enum>
<header>
Certification of one-Stop centers
</header>
<paragraph id="HFBC4158EAFD54ACA877AAA72D8BB2FB5">
<enum>
(1)
</enum>
<header>
In general
</header>
<subparagraph id="H3BEE15FD7CDF49D0A7C2128DD9BA8E06">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The State board shall establish objective procedures and criteria for certifying, at least once every 3 years, one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h).
</text>
</subparagraph>
<subparagraph id="HEE61270D68A346EC8BC3791025F30FD3">
<enum>
(B)
</enum>
<header>
Criteria
</header>
<text>
The criteria for certification under this subsection shall include—
</text>
<clause id="H9314EA9318E547FA8B6557E9347E8D28">
<enum>
(i)
</enum>
<text>
meeting all of the expected levels of performance for each of the core indicators of performance as outlined in the State plan under section 112;
</text>
</clause>
<clause id="HEF08EF450A874CCF999981BDC82D22C1">
<enum>
(ii)
</enum>
<text>
meeting minimum standards relating to the scope and degree of service integration achieved by the centers involving the programs provided by the one-stop partners; and
</text>
</clause>
<clause id="HF26CA1F100F244708881D6B9DBE50F2A">
<enum>
(iii)
</enum>
<text>
meeting minimum standards relating to how the centers ensure that eligible providers meet the employment needs of local employers and participants.
</text>
</clause>
</subparagraph>
<subparagraph id="H1903998A10584B6C9065FBF5AB80D85F">
<enum>
(C)
</enum>
<header>
Effect of certification
</header>
<text>
One-stop centers certified under this subsection shall be eligible to receive the infrastructure grants authorized under subsection (h).
</text>
</subparagraph>
</paragraph>
<paragraph id="H83EF37B72DDF4D838B5BE716DDDF12B9">
<enum>
(2)
</enum>
<header>
Local boards
</header>
<text>
Consistent with the criteria developed by the State, the local board may develop additional criteria of higher standards to respond to local labor market and demographic conditions and trends.
</text>
</paragraph>
</subsection>
<subsection id="HF9E54576EFC84A83B79CA552DF65C4DC">
<enum>
(h)
</enum>
<header>
One-Stop infrastructure funding
</header>
<paragraph id="H7B9795FDAD3B4E908E17F1592D97254F">
<enum>
(1)
</enum>
<header>
Partner contributions
</header>
<subparagraph id="H55BF0C86800F48BB8DD70F4A11A70A64">
<enum>
(A)
</enum>
<header>
Provision of funds
</header>
<text display-inline="yes-display-inline">
Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B) for a fiscal year shall be provided to the Governor by such programs to carry out this subsection.
</text>
</subparagraph>
<subparagraph id="H95D38E8C28CF46C1B8F88908068A70C6">
<enum>
(B)
</enum>
<header>
Determination of governor
</header>
<clause id="H138C84B622204EEAA298A014829E7CB1">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers by each partner, the costs of administration for purposes not related to one-stop centers for each partner, and other relevant factors described in paragraph (3).
</text>
</clause>
<clause id="H764BDAEB15DD4F6EAAD307332F76E50F">
<enum>
(ii)
</enum>
<header>
Special rule
</header>
<text>
In those States where the State constitution places policy-making authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title II of this Act and for postsecondary career education activities authorized under the Carl D. Perkins Career and Technical Education Act, the determination described in clause (i) with respect to such programs shall be made by the Governor with the appropriate entity or official with such independent policy-making authority.
</text>
</clause>
<clause id="HC5B7C11887344A9FBB2A796FFC5FBC32">
<enum>
(iii)
</enum>
<header>
Appeal by one-stop partners
</header>
<text>
The Governor shall establish a procedure for the one-stop partner administering a program described in subsection (b) to appeal a determination regarding the portion of funds to be contributed under this paragraph on the basis that such determination is inconsistent with the criteria described in the State plan or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal.
</text>
</clause>
</subparagraph>
<subparagraph id="H9734BA9FA2A7426CB032E0EFFDE59503">
<enum>
(C)
</enum>
<header>
Limitations
</header>
<clause id="HEC8C95B47C5C47B5ABD63BA210E8978B">
<enum>
(i)
</enum>
<header>
Provision from administrative funds
</header>
<text>
The funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the limitations with respect to the portion of funds under such programs that may be used for administration.
</text>
</clause>
<clause id="H547CE59CD15A479CAF0EADE7429CF0AF">
<enum>
(ii)
</enum>
<header>
Federal direct spending programs
</header>
<text>
Programs that are Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (
<external-xref legal-doc="usc" parsable-cite="usc/2/900">
2 U.S.C. 900(c)(8)
</external-xref>
) shall not, for purposes of this paragraph, be required to provide an amount in excess of the amount determined to be equivalent to the proportionate use of the one-stop centers by such programs in the State.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H415EC8E8751846AAA12F056D207411F4">
<enum>
(2)
</enum>
<header>
Allocation by governor
</header>
<text>
From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph (3) for the purposes of assisting in paying the costs of the infrastructure of one-stop centers certified under subsection (g).
</text>
</paragraph>
<paragraph id="H7379E87D967E4EF08A4869EE40F561FA">
<enum>
(3)
</enum>
<header>
Allocation formula
</header>
<text>
The State board shall develop a formula to be used by the Governor to allocate the funds described in paragraph (1). The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in the local area that have been certified, the population served by such centers, and the performance of such centers.
</text>
</paragraph>
<paragraph id="H634BD91A9F5C4D16AC9E64DAC89B2A7F">
<enum>
(4)
</enum>
<header>
Costs of infrastructure
</header>
<text>
For purposes of this subsection, the term
<term>
costs of infrastructure
</term>
means the nonpersonnel costs that are necessary for the general operation of a one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, and equipment (including assistive technology for individuals with disabilities).
</text>
</paragraph>
</subsection>
<subsection id="HBF2EEE820D344E1CBB820DB07AEC2906">
<enum>
(i)
</enum>
<header>
Other funds
</header>
<paragraph id="HBC60C8F2FEDE4A94A17352AE7A19E457">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
In addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), or the noncash resources available under such programs shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved including—
</text>
<subparagraph id="HCBED51433D0C4FEA8CD907DB8FC25BAF">
<enum>
(A)
</enum>
<text>
infrastructure costs that are in excess of the funds provided under subsection (h);
</text>
</subparagraph>
<subparagraph id="HCC688B8602D14376987F1F5973C84B56">
<enum>
(B)
</enum>
<text>
common costs that are in addition to the costs of infrastructure; and
</text>
</subparagraph>
<subparagraph id="H23C02826FB1546CB8BF87F665E10C446">
<enum>
(C)
</enum>
<text>
the costs of the provision of work ready services applicable to each program.
</text>
</subparagraph>
</paragraph>
<paragraph id="H719C545E7C3B4D8683BD187B260B7A84">
<enum>
(2)
</enum>
<header>
Determination and guidance
</header>
<text>
The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph (1) shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide guidance to facilitate the determination of appropriate allocation of the funds and noncash resources in local areas.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H8B04479CCE234FF2B4C26F6E86E373EB">
<enum>
109.
</enum>
<header>
Identification of eligible providers of training services
</header>
<text display-inline="no-display-inline">
Section 122 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2842">
29 U.S.C. 2842
</external-xref>
) is amended to read as follows:
</text>
<quoted-block id="H20E3A4BAF5B746DFAD6BD0BA682F4362" style="OLC">
<section id="H2E6CE03E7FD548F6958A38A297EDA351">
<enum>
122.
</enum>
<header>
Identification of eligible providers of training services
</header>
<subsection id="HD0A71685E3DA44CB80C0D7F8B5FB0CA3">
<enum>
(a)
</enum>
<header>
Eligibility
</header>
<paragraph id="H6B89BE3A81914CD5AC9BD65F942C5386">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Governor, after consultation with the State board, shall establish criteria and procedures regarding the eligibility of providers of training services described in section 134(c)(4) to receive funds provided under section 133(b) for the provision of such training services.
</text>
</paragraph>
<paragraph id="H4B7814C62029474FB297DD24AF9EE31F">
<enum>
(2)
</enum>
<header>
Providers
</header>
<text>
Subject to the provisions of this section, to be eligible to receive the funds provided under section 133(b) for the provision of training services, the provider shall be—
</text>
<subparagraph id="H92367335D1304AF28B4BF0E453CD0501">
<enum>
(A)
</enum>
<text>
a postsecondary educational institution that—
</text>
<clause id="HF06FEFB2DDCB422BB1759007752ED946">
<enum>
(i)
</enum>
<text>
is eligible to receive Federal funds under title IV of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1070">
20 U.S.C. 1070 et seq.
</external-xref>
); and
</text>
</clause>
<clause id="HA75036BF067C4B54856A72ECC299D15A">
<enum>
(ii)
</enum>
<text>
provides a program that leads to a recognized postsecondary credential;
</text>
</clause>
</subparagraph>
<subparagraph id="HA3D24541907E41EE9A3C318FA3DD5C29">
<enum>
(B)
</enum>
<text>
an entity that carries out programs under the Act of August 16, 1937 (commonly known as the
<quote>
National Apprenticeship Act
</quote>
; 50 Stat. 664, chapter 663;
<external-xref legal-doc="usc" parsable-cite="usc/29/50">
29 U.S.C. 50 et seq.
</external-xref>
); or
</text>
</subparagraph>
<subparagraph id="HC32776FF179D41D69C5EE847BC3ED03B">
<enum>
(C)
</enum>
<text>
another public or private provider of a program of training services.
</text>
</subparagraph>
</paragraph>
<paragraph id="H000D3BFBC4AD48829D41C3998F85A55E">
<enum>
(3)
</enum>
<header>
Inclusion in list of eligible providers
</header>
<text>
A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be included on the list of eligible providers of training services described in subsection (d) for so long as the provider remains certified by the Secretary of Labor to carry out the programs described in paragraph (2)(B).
</text>
</paragraph>
</subsection>
<subsection id="HE46DF8C00A3B416EAC09AFB9C9637143">
<enum>
(b)
</enum>
<header>
Criteria
</header>
<paragraph id="H285DC7E2B32145C7A263A56C876C2844">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The criteria established pursuant to subsection (a) shall take into account—
</text>
<subparagraph id="H266FC1BED5A648BB9AB9E1CC716E651C">
<enum>
(A)
</enum>
<text>
the performance of providers of training services with respect to the performance measures described in section 136 and other matters for which information is required under paragraph (2) and other appropriate measures of performance outcomes for those participants receiving training services under this subtitle;
</text>
</subparagraph>
<subparagraph id="H2C26C6936E4D46518E4ABBF1796F571C">
<enum>
(B)
</enum>
<text>
whether the training programs of such providers relate to occupations that are in demand;
</text>
</subparagraph>
<subparagraph id="HF380502C66B043BC8954FA9B3897C602">
<enum>
(C)
</enum>
<text>
the need to ensure access to training services throughout the State, including in rural areas;
</text>
</subparagraph>
<subparagraph id="H2B0933CFE8694183AA2CD75D0C2F2C6F">
<enum>
(D)
</enum>
<text>
the ability of providers to offer programs that lead to a recognized postsecondary credential;
</text>
</subparagraph>
<subparagraph id="H195B5B2467F04FDCA49A26A96470826D">
<enum>
(E)
</enum>
<text>
the information such providers are required to report to State agencies with respect to other Federal and State programs (other than the program carried out under this subtitle), including one-stop partner programs; and
</text>
</subparagraph>
<subparagraph id="HA26F506806D44DDAB1B07533790503A6">
<enum>
(F)
</enum>
<text>
such other factors as the Governor determines are appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB8A1E71E668B4EF5951BDCD7D53B4FE6">
<enum>
(2)
</enum>
<header>
Information
</header>
<text>
The criteria established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State for purposes of carrying out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including—
</text>
<subparagraph id="H0AB789A23C8F4E0E9A0C20E7ECC04766">
<enum>
(A)
</enum>
<text>
information on recognized postsecondary credentials received by such participants;
</text>
</subparagraph>
<subparagraph id="H0CA9D8937D554613A32D58D9E88B54C1">
<enum>
(B)
</enum>
<text>
information on costs of attendance for such participants;
</text>
</subparagraph>
<subparagraph id="H5316B823A62D4982B3FB0CEDDF335F58">
<enum>
(C)
</enum>
<text>
information on the program completion rate for such participants; and
</text>
</subparagraph>
<subparagraph id="H3AABC6591F6B4E8F9382209874B7B551">
<enum>
(D)
</enum>
<text>
information on the performance of the provider with respect to the performance measures described in section 136 for such participants.
</text>
</subparagraph>
</paragraph>
<paragraph id="H607788F215F143A98899CABFF217A679">
<enum>
(3)
</enum>
<header>
Renewal
</header>
<text>
The criteria established by the Governor shall also provide for a review every 3 years and renewal of eligibility under this section for providers of training services.
</text>
</paragraph>
<paragraph id="H557DC3EC96EF484BB7911FCF29F17A4A">
<enum>
(4)
</enum>
<header>
Local criteria
</header>
<text>
A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required under the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) to provide the services in the local area involved.
</text>
</paragraph>
<paragraph id="HA7E11356383344C78BAB42028403D762">
<enum>
(5)
</enum>
<header>
Limitation
</header>
<text>
In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or eligible student in compliance with section 444 of the General Education Provisions Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1232g">
20 U.S.C. 1232g
</external-xref>
).
</text>
</paragraph>
</subsection>
<subsection id="HA1E718D20FCA4D58AF1F9BAD8879C31A">
<enum>
(c)
</enum>
<header>
Procedures
</header>
<text>
The procedures established under subsection (a) shall—
</text>
<paragraph id="H39FA67B01FDF469190BED3E771FBFDE2">
<enum>
(1)
</enum>
<text>
identify—
</text>
<subparagraph id="H85F5C733AB87411799E452AE2C037B1D">
<enum>
(A)
</enum>
<text>
the application process for a provider of training services to become eligible to receive funds under section 133(b) for the provision of training services; and
</text>
</subparagraph>
<subparagraph id="H5E95B76B04524BAA9BE76CA928278240">
<enum>
(B)
</enum>
<text>
the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria established under this section; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HFAB1E843A84C49BDBFC234B9B5D2B9A4">
<enum>
(2)
</enum>
<text>
establish a process for a provider of training services to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal.
</text>
</paragraph>
</subsection>
<subsection id="H635B1E339F8F43AAA0DA4864816389C8">
<enum>
(d)
</enum>
<header>
Information To assist participants in choosing providers
</header>
<text>
In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list or lists of providers determined eligible under this section in the State, including information provided under subsection (b)(2) with respect to such providers, is provided to the local boards in the State and is made available to such participants and to members of the public through the one-stop delivery system in the State.
</text>
</subsection>
<subsection id="HFA561E9735C945C7900FA4D5869C025C">
<enum>
(e)
</enum>
<header>
Enforcement
</header>
<paragraph id="H2F8866A2DE7743C1AF284B565EDDA737">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The criteria and procedures established under this section shall provide the following:
</text>
<subparagraph id="H8070A17D29B241D3BC0C0FB2D029DAF2">
<enum>
(A)
</enum>
<header>
Intentionally supplying inaccurate information
</header>
<text>
Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services, or individual providing information on behalf of the provider, intentionally supplied inaccurate information under this section, the eligibility of such provider to receive funds under chapter 5 shall be terminated for a period of time that is not less than 2 years.
</text>
</subparagraph>
<subparagraph id="HCCF9539AF92A4681AD92506D50ADBA66">
<enum>
(B)
</enum>
<header>
Substantial violations
</header>
<text>
Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services substantially violated any requirement under this title, the eligibility of such provider to receive funds under the program involved shall be terminated for a period of time that is not less than 10 years.
</text>
</subparagraph>
<subparagraph id="H23A477A8E4174CA6B125153E7229DD7D">
<enum>
(C)
</enum>
<header>
Repayment
</header>
<text>
A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 during a period of noncompliance described in such subparagraph.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2242F1DC4BB84738B8FE78FA52F43D4E">
<enum>
(2)
</enum>
<header>
Construction
</header>
<text>
Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties.
</text>
</paragraph>
</subsection>
<subsection id="HD23F4C83220049BB962229D59D3B4CA2">
<enum>
(f)
</enum>
<header>
Agreements with other states
</header>
<text>
States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept career enhancement accounts provided in another State.
</text>
</subsection>
<subsection id="HD89918F7F8534318A162EC07D832666B">
<enum>
(g)
</enum>
<header>
Recommendations
</header>
<text>
In developing the criteria, procedures, and information required under this section, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State.
</text>
</subsection>
<subsection id="H129275DE82744384AC95AA10DF773209">
<enum>
(h)
</enum>
<header>
Opportunity To submit comments
</header>
<text>
During the development of the criteria, procedures, requirements for information, and the list of eligible providers required under this section, the Governor shall provide an opportunity for interested members of the public to submit comments regarding such criteria, procedures, and information.
</text>
</subsection>
<subsection id="H6F8FA6B50112437485C44BA3D29C65E5">
<enum>
(i)
</enum>
<header>
On-the-Job training or customized training exception
</header>
<paragraph id="H9AA811A89A3042E88D363CD704805E53">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (d).
</text>
</paragraph>
<paragraph id="H4EB245E26D01496496A0647594A04FB6">
<enum>
(2)
</enum>
<header>
Collection and dissemination of information
</header>
<text>
A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H7F6F699AB7B944E1829D8F8184727FC6">
<enum>
110.
</enum>
<header>
General authorization
</header>
<text display-inline="no-display-inline">
Chapter 5 of subtitle B of title I is amended—
</text>
<paragraph id="HC995FE2CB18147DE95CDCA2FC09FF9DC">
<enum>
(1)
</enum>
<text>
by striking the heading for chapter 5 and inserting the following:
<quote>
<header-in-text level="chapter" style="OLC">
Employment and training activities
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="H4918FC39D6A8400B9D3377F4FB2F7374">
<enum>
(2)
</enum>
<text>
in section 131 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2861">
29 U.S.C. 2861
</external-xref>
)—
</text>
<subparagraph id="H590A17887DC24E42967493E6178544D8">
<enum>
(A)
</enum>
<text>
by striking
<quote>
paragraphs (1)(B) and (2)(B) of
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H5D574D97E4E84646BC5722FE960AA3AB">
<enum>
(B)
</enum>
<text>
by striking
<quote>
adults, and dislocated workers,
</quote>
and inserting
<quote>
individuals
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H7B2C3A50F1754EF1B7ABBF2E765B6DA0">
<enum>
111.
</enum>
<header>
State allotments
</header>
<text display-inline="no-display-inline">
Section 132 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2862">
29 U.S.C. 2862
</external-xref>
) is amended—
</text>
<paragraph id="H3E8B96694BB34B9696B9C16099D54040">
<enum>
(1)
</enum>
<text>
by amending subsection (a) to read as follows:
</text>
<quoted-block id="HDC0481A91B8B4886A0F04D6B330138E6" style="OLC">
<subsection id="H18E6254E9885477395404B2546FC2144">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
The Secretary shall—
</text>
<paragraph id="H0E20B6B12DB744C19DBD506B2C91AA67">
<enum>
(1)
</enum>
<text>
reserve ½ of 1 percent of the total amount appropriated under section 137 for a fiscal year, of which—
</text>
<subparagraph id="H9CAB3A9F392C41A0B03ED567D62461B4">
<enum>
(A)
</enum>
<text>
50 percent shall be used to provide technical assistance under section 170; and
</text>
</subparagraph>
<subparagraph id="H74C27CA077894A1B955309A6FFE10B4B">
<enum>
(B)
</enum>
<text>
50 percent shall be used for evaluations under section 172;
</text>
</subparagraph>
</paragraph>
<paragraph id="H58CD846520254807BA640BD85C8CCFBB">
<enum>
(2)
</enum>
<text>
reserve 1 percent of the total amount appropriated under section 137 for a fiscal year to make grants to, and enter into contracts or cooperative agreements with Indian tribes, tribal organizations, Alaska-Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out employment and training activities;
</text>
</paragraph>
<paragraph id="H8B287B5B8A2C428584455F2F963B668A">
<enum>
(3)
</enum>
<text>
reserve not more than 25 percent of the total amount appropriated under section 137 for a fiscal year to carry out the Jobs Corps program under subtitle C;
</text>
</paragraph>
<paragraph id="HC8C4D41951984982BA44E1060339AFDD">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
reserve not more than 3.5 percent of the total amount appropriated under section 137 for a fiscal year to—
</text>
<subparagraph id="H81FBE57682554EDCA40DC2C11DCCB49D">
<enum>
(A)
</enum>
<text>
make grants to State or local boards to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; and
</text>
</subparagraph>
<subparagraph id="HA56E3EBD47B64CF3AD7EFF685234CCE0">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
provide assistance to Governors of States with an area that has suffered an emergency or a major disaster (as such terms are defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5122">
42 U.S.C. 5122
</external-xref>
)) to provide disaster relief employment in the area; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H2A5FEC089D0A4ACB94B20BCFDE4ED8DB">
<enum>
(5)
</enum>
<text>
from the remaining amount appropriated under section 137 for a fiscal year (after reserving funds under paragraphs (1) through (4)), make allotments in accordance with subsection (b) of this section.
</text>
</paragraph>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H94997FD01733409EB40C03EF040B8619">
<enum>
(2)
</enum>
<text>
by amending subsection (b) to read as follows:
</text>
<quoted-block id="H34CDDD661C614AB7BCA47DF69E402B4F" style="OLC">
<subsection id="HCCFF3C06FE95431EBAA14E684DD44C2D">
<enum>
(b)
</enum>
<header>
Workforce investment fund
</header>
<paragraph id="H684A0F140CD74D2491791150C7B10BED">
<enum>
(1)
</enum>
<header>
Reservation for outlying areas
</header>
<subparagraph id="H7A99520637DE49A6AA43F434B771BAA8">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
From the amount made available under subsection (a)(5) for a fiscal year, the Secretary shall reserve not more than
<fraction>
1/4
</fraction>
of 1 percent to provide assistance to the outlying areas.
</text>
</subparagraph>
<subparagraph id="H091E1B2731FE485DB2F47F10F3481737">
<enum>
(B)
</enum>
<header>
Restriction
</header>
<text display-inline="yes-display-inline">
The Republic of Palau shall cease to be eligible to receive funding under this subparagraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 (
<external-xref legal-doc="public-law" parsable-cite="pl/99/658">
Public Law 99–658
</external-xref>
)) after the date of enactment of the SKILLS Act.
</text>
</subparagraph>
</paragraph>
<paragraph id="H8558CAAB6E5845E0B3F74E6D7ED30D9A">
<enum>
(2)
</enum>
<header>
States
</header>
<subparagraph id="H2CB9D0C1F5B74E71B8D483772C7975FB">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
After determining the amount to be reserved under paragraph (1), the Secretary shall allot the remainder of the amount referred to in subsection (a)(5) for a fiscal year to the States pursuant to
<internal-xref idref="HC5FE4F048B724031B9B1AAD7EC9F9E9B" legis-path="q:H34CDDD661C614AB7BCA47DF69E402B4F:(b)(2)(B)">
subparagraph (B)
</internal-xref>
for employment and training activities and statewide workforce investment activities.
</text>
</subparagraph>
<subparagraph id="HC5FE4F048B724031B9B1AAD7EC9F9E9B">
<enum>
(B)
</enum>
<header>
Formula
</header>
<text>
Subject to
<internal-xref idref="H1942328761C244BFA032E6ED65B47FE2" legis-path="q:H34CDDD661C614AB7BCA47DF69E402B4F:(b)(2)(C)">
subparagraphs (C)
</internal-xref>
and
<internal-xref idref="H80DC28C812254B4DA37F8694C5BE04ED" legis-path="q:H34CDDD661C614AB7BCA47DF69E402B4F:(b)(2)(D)">
(D)
</internal-xref>
, of the remainder—
</text>
<clause id="H70B0EDD21A53427A8DBEB90A1568B99F">
<enum>
(i)
</enum>
<text>
25 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States;
</text>
</clause>
<clause id="H147733CF00264ECDBC27D8FFFCC87056">
<enum>
(ii)
</enum>
<text>
25 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States;
</text>
</clause>
<clause id="H84CEDACD6B964E9682650FD0D86B4EB0">
<enum>
(iii)
</enum>
<text>
25 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more; and
</text>
</clause>
<clause id="H5F03064BF6684546AB4400668BFD2108">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
25 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H1942328761C244BFA032E6ED65B47FE2">
<enum>
(C)
</enum>
<header>
Minimum and maximum percentages
</header>
<clause commented="no" id="H451F0251C9154330A2E577684E84CEA9">
<enum>
(i)
</enum>
<header>
Minimum percentage
</header>
<text>
The Secretary shall ensure that no State shall receive an allotment under this paragraph for—
</text>
<subclause commented="no" id="H92E781D877E54DEC9D7085BC0986C82B">
<enum>
(I)
</enum>
<text>
each of fiscal years 2014 through 2016, that is less than 100 percent of the allotment percentage of the State for fiscal year 2012; and
</text>
</subclause>
<subclause commented="no" id="H872F7F67C0734FB6A46F4192C0D30B4A">
<enum>
(II)
</enum>
<text>
fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year.
</text>
</subclause>
</clause>
<clause commented="no" id="HEE44E229AC27451AA55FFD1777E2DF4F">
<enum>
(ii)
</enum>
<header>
Maximum percentage
</header>
<text>
Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment under this paragraph for—
</text>
<subclause id="HD6514E17CE17427D9A7F39AC5B679682">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
each of fiscal years 2014 through 2016, that is more than 130 percent of the allotment percentage of the State for fiscal year 2012; and
</text>
</subclause>
<subclause id="H1245A624A0B84AE3B15B183B14C9F7D1">
<enum>
(II)
</enum>
<text>
fiscal year 2017 and each succeeding fiscal year, that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H80DC28C812254B4DA37F8694C5BE04ED">
<enum>
(D)
</enum>
<header>
Small state minimum allotment
</header>
<text>
Subject to
<internal-xref idref="H1942328761C244BFA032E6ED65B47FE2" legis-path="q:H34CDDD661C614AB7BCA47DF69E402B4F:(b)(2)(C)">
subparagraph (C)
</internal-xref>
, the Secretary shall ensure that no State shall receive an allotment under this paragraph for a fiscal year that is less than
<fraction>
1/5
</fraction>
of 1 percent of the remainder described in
<internal-xref idref="H2CB9D0C1F5B74E71B8D483772C7975FB" legis-path="q:H34CDDD661C614AB7BCA47DF69E402B4F:(b)(2)(A)">
subparagraph (A)
</internal-xref>
for the fiscal year.
</text>
</subparagraph>
<subparagraph id="HF22F0B32FDCF4A30BEF411D6EEE1ED01">
<enum>
(E)
</enum>
<header>
Definitions
</header>
<text>
For the purpose of the formula specified in this paragraph:
</text>
<clause commented="no" id="HC4B497CADE144A55BBDAAEAC85F15293">
<enum>
(i)
</enum>
<header>
Allotment percentage
</header>
<text display-inline="yes-display-inline">
The term
<term>
allotment percentage
</term>
—
</text>
<subclause commented="no" id="H9B1906E1A5C945929A33CEBAE6CAEFC9">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
used with respect to fiscal year 2012, means the percentage of the amounts allotted to States under title I of this Act, title V of the Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056">
42 U.S.C. 3056 et seq.
</external-xref>
), the Women in Apprenticeship and Nontraditional Occupations Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2501">
29 U.S.C. 2501 et seq.
</external-xref>
), sections
<external-xref legal-doc="usc" parsable-cite="usc/38/4103A">
4103A
</external-xref>
and
<external-xref legal-doc="usc" parsable-cite="usc/38/4104">
4104
</external-xref>
of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the State involved for fiscal year 2012; and
</text>
</subclause>
<subclause commented="no" id="HB2C5B462B49246CDBF63C753D573F7F7">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allotted to States under this paragraph for the fiscal year that is received under this paragraph by the State involved for the fiscal year.
</text>
</subclause>
</clause>
<clause commented="no" id="HBD9F664897C14EA8897EA37A808C3E1F">
<enum>
(ii)
</enum>
<header>
Disadvantaged youth
</header>
<text display-inline="yes-display-inline">
The term
<term>
disadvantaged youth
</term>
means an individual who is not less than age 16 and not more than age 24 who receives an income, or is a member of a family that received a total family income, that in relation to family size, does not exceed the higher of—
</text>
<subclause id="H9EEA69C665FA419082FC37F9281340CD">
<enum>
(I)
</enum>
<text>
the poverty line; or
</text>
</subclause>
<subclause id="HD7AC0400363041BE81747BB8A1BB95F8">
<enum>
(II)
</enum>
<text>
70 percent of the lower living standard income level.
</text>
</subclause>
</clause>
<clause id="H8CBA4FC779ED419599C74C58C2BA7EA1">
<enum>
(iii)
</enum>
<header>
Individual
</header>
<text>
The term
<term>
individual
</term>
means an individual who is age 16 or older.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H81CB0B28FEE143ED83F06B7D5493D8AC">
<enum>
112.
</enum>
<header>
Within State allocations
</header>
<text display-inline="no-display-inline">
Section 133 is amended—
</text>
<paragraph id="H8AD6C740BA4A4C5797215CB66C057E17">
<enum>
(1)
</enum>
<text>
by amending subsection (a) to read as follows:
</text>
<quoted-block id="H4419CDDA83CB4B618EB330E359FA77F1" style="OLC">
<subsection id="HEFE262FC993D45ADB9CFE3A564F925D3">
<enum>
(a)
</enum>
<header>
Reservations for Statewide workforce investment activities
</header>
<paragraph id="HB4B07A6A90F5443D9840F284064A2363">
<enum>
(1)
</enum>
<header>
Statewide employment and training activities
</header>
<text>
The Governor of a State shall reserve up to 15 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out the statewide activities described in section 134(a).
</text>
</paragraph>
<paragraph id="HA0853B29A6564D0F9149C2BF5B360E78">
<enum>
(2)
</enum>
<header>
Statewide rapid response activities
</header>
<text>
Of the amount reserved under
<internal-xref idref="HB4B07A6A90F5443D9840F284064A2363" legis-path="q:H4419CDDA83CB4B618EB330E359FA77F1:(a)(1)">
paragraph (1)
</internal-xref>
for a fiscal year, the Governor of the State shall reserve not more than 25 percent for statewide rapid response activities described in section 134(a)(4).
</text>
</paragraph>
<paragraph id="HEE23EE5672A54A7A964236990F1B1333">
<enum>
(3)
</enum>
<header>
Statewide grants for individuals with barriers to employment
</header>
<text display-inline="yes-display-inline">
Of the amount reserved under paragraph (1) for a fiscal year, the Governor of a State shall reserve 15 percent to carry out statewide activities described in section 134(a)(5).
</text>
</paragraph>
<paragraph id="H6F63801ACC5D40FE98BDD29BA782CCB4">
<enum>
(4)
</enum>
<header>
State administrative cost limit
</header>
<text display-inline="yes-display-inline">
Not more than 5 percent of the funds reserved under paragraph (1) may be used by the Governor of a State for administrative costs of carrying out the statewide activities described in section 134(a).
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H72983EEB7C764324AB412F9FD2084260">
<enum>
(2)
</enum>
<text>
by amending subsection (b) to read as follows:
</text>
<quoted-block id="HA73266B51C6944668B19CE059BE6FE90" style="OLC">
<subsection id="H1C763E058A2348A78746458235F75168">
<enum>
(b)
</enum>
<header>
Within state allocation
</header>
<paragraph id="H9B3144089FB8480E83E99C59F5391385">
<enum>
(1)
</enum>
<header>
Methods
</header>
<text>
The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas, shall—
</text>
<subparagraph id="HD5E5FA30212347AB9A590AE2FAA52657">
<enum>
(A)
</enum>
<text>
allocate the funds that are allotted to the State for employment and training activities and not reserved under subsection (a), in accordance with paragraph (2)(A); and
</text>
</subparagraph>
<subparagraph id="HF90781C17FFE4A37ADE5E8B66869D25E">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
award the funds that are reserved by the State under subsection (a)(3) through competitive grants to eligible entities, in accordance with section 134(a)(1)(C).
</text>
</subparagraph>
</paragraph>
<paragraph id="HC4A9A27E6F9344F8BAC9FBC4E47E21E4">
<enum>
(2)
</enum>
<header>
Formula allocations for the workforce investment fund
</header>
<subparagraph id="HEF59C2F0904F40B9A2F8602714B6730F">
<enum>
(A)
</enum>
<header>
Allocation
</header>
<text>
In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate—
</text>
<clause id="HD4D4DBD888AA4F55B5FC065429894B00">
<enum>
(i)
</enum>
<text>
25 percent on the basis described in section 132(b)(2)(B)(i);
</text>
</clause>
<clause id="H1A454129E14C42B8B46C1A256A863DDE">
<enum>
(ii)
</enum>
<text>
25 percent on the basis described in section 132(b)(2)(B)(ii);
</text>
</clause>
<clause id="HB077BADD920E4654BC979F1D91788823">
<enum>
(iii)
</enum>
<text>
25 percent on the basis described in section 132(b)(2)(B)(iii); and
</text>
</clause>
<clause id="H69BAC83D6E004D6E910801A5060AEAA8">
<enum>
(iv)
</enum>
<text>
25 percent on the basis described in section 132(b)(2)(B)(iv).
</text>
</clause>
</subparagraph>
<subparagraph id="HAD1CEFC444424622954C65BF8C5D14FD">
<enum>
(B)
</enum>
<header>
Minimum and maximum percentages
</header>
<clause id="HECBF542BCBB144659DF69C36223AC98F">
<enum>
(i)
</enum>
<header>
Minimum percentage
</header>
<text>
The State shall ensure that no local area shall receive an allocation under this paragraph for—
</text>
<subclause id="HB2A629966B7E41A29492C9C7C8B402F4">
<enum>
(I)
</enum>
<text>
each of fiscal years 2014 through 2016, that is less than 100 percent of the allocation percentage of the local area for fiscal year 2012; and
</text>
</subclause>
<subclause id="H51359736F2AD4682871A7E7525C64632">
<enum>
(II)
</enum>
<text>
fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allocation percentage of the local area for the preceding fiscal year.
</text>
</subclause>
</clause>
<clause id="HB05B022726BE4B35BEE0F462B225E9D1">
<enum>
(ii)
</enum>
<header>
Maximum percentage
</header>
<text>
Subject to
<internal-xref idref="HECBF542BCBB144659DF69C36223AC98F" legis-path="q:HA73266B51C6944668B19CE059BE6FE90:(b)(2)(B)(i)">
clause (i)
</internal-xref>
, the State shall ensure that no local area shall receive an allocation for a fiscal year under this paragraph for—
</text>
<subclause id="H9D6CC4AABBFD48C595FC2845C03D3947">
<enum>
(I)
</enum>
<text>
each of fiscal years 2014 through 2016, that is more than 130 percent of the allocation percentage of the local area for fiscal year 2012; and
</text>
</subclause>
<subclause id="H475A8A5570094AAEBDADFD6577E9C334">
<enum>
(II)
</enum>
<text>
fiscal year 2017 and each succeeding fiscal year, that is more than 130 percentage of the allocation percentage of the local area for the preceding fiscal year.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph commented="no" id="H3F0282C534594B1E9DAA402B14E9363C">
<enum>
(C)
</enum>
<header>
Definitions
</header>
<text>
For the purpose of the formula specified in this paragraph, the term
<term>
allocation percentage
</term>
—
</text>
<clause commented="no" id="H75C38E7E4AD24730AF5DD53D1894F5CF">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
used with respect to fiscal year 2012, means the percentage of the amounts allocated to local areas under title I of this Act, title V of the Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056">
42 U.S.C. 3056 et seq.
</external-xref>
), the Women in Apprenticeship and Nontraditional Occupations Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2501">
29 U.S.C. 2501 et seq.
</external-xref>
), sections
<external-xref legal-doc="usc" parsable-cite="usc/38/4103A">
4103A
</external-xref>
and
<external-xref legal-doc="usc" parsable-cite="usc/38/4104">
4104
</external-xref>
of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the local area involved for fiscal year 2012; and
</text>
</clause>
<clause commented="no" id="HF3E78F1F5CFB47A0BE043F47BBE823F9">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allocated to local areas for the fiscal year under this paragraph that is received under this paragraph by the local area involved for the fiscal year.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HC8614E5E4832417289F1DC4ADEC0F194">
<enum>
(3)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="H04704BC5F3E240F3BB22B4AE67E62106">
<enum>
(A)
</enum>
<text>
by amending paragraph (1) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H5533E6CC923A48F284233E63E93E819D" style="OLC">
<paragraph id="H552DA3FC3A3441BC912CE9BA9F6C9955">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
The Governor, may in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H13CE6C42EF17421B9CA1BB5E8EB0E2ED">
<enum>
(B)
</enum>
<text>
in paragraph (2), by striking
<quote>
paragraph (2)(A) or (3) of subsection (b) for such activities
</quote>
and inserting
<quote>
subsection (b) for such activities
</quote>
;
</text>
</subparagraph>
<subparagraph id="HE989F7DA9040476CBFD48B9414F9D165">
<enum>
(C)
</enum>
<text>
by amending paragraph (3) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HADB58242103F4F7589FA82A59F2239C7" style="OLC">
<paragraph id="H23388AC5217042EC9BBA05A09BA583ED">
<enum>
(3)
</enum>
<header>
Reallocations
</header>
<text display-inline="yes-display-inline">
In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(2) for such activities for such prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(2) for such activities for such prior program year.
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H6CCFEFE35BFD481B9C3D1576D80F850A">
<enum>
(D)
</enum>
<text>
in paragraph (4), by striking
<quote>
paragraph (2)(A) or (3) of
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HBAD9940F058042878B48924026146CBC">
<enum>
(4)
</enum>
<text>
by adding at the end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H98D894BC47FE4120928D39085FE3881C" style="OLC">
<subsection id="H9B441953E77F45199CA792C3449DBCFC">
<enum>
(d)
</enum>
<header>
Local administrative cost limit
</header>
<text display-inline="yes-display-inline">
Of the amounts allocated to a local area under this section for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities in the local area under this chapter.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H761E9801EC4D42EB8E85E920ABC87825">
<enum>
113.
</enum>
<header>
Use of funds for employment and training activities
</header>
<text display-inline="no-display-inline">
Section 134 is amended—
</text>
<paragraph id="HD63E3956492D45A8A9AE9B30CE29BBCF">
<enum>
(1)
</enum>
<text>
by amending subsection (a) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HB80FB4B1AA9D4E8999DE82BA5E0A61E2" style="OLC">
<subsection id="HD4C19378CDAA4451993E73C7AAD855AB">
<enum>
(a)
</enum>
<header>
Statewide Employment and Training Activities
</header>
<paragraph id="HF97DDE84E2B941D18079F6695A5ECC56">
<enum>
(1)
</enum>
<header>
In general
</header>
<subparagraph id="H855A32F258AE41DDA0CEBE5A35F7D3DA">
<enum>
(A)
</enum>
<header>
Distribution of statewide activities
</header>
<text>
Funds reserved by a Governor for a State as described in section 133(a)(1)—
</text>
<clause id="H1EEC55F76BCB4C90BA3CC5BC604C1750">
<enum>
(i)
</enum>
<text>
shall be used to carry out the statewide employment and training activities described in paragraph (2); and
</text>
</clause>
<clause id="H9C07B311BC23463FB65BF4B1A7406C19">
<enum>
(ii)
</enum>
<text>
may be used to carry out any of the statewide employment and training activities described in paragraph (3).
</text>
</clause>
</subparagraph>
<subparagraph id="HDA5DE6B9C1B54413A5DB7F5513A41168">
<enum>
(B)
</enum>
<header>
Statewide rapid response activities
</header>
<text>
Funds reserved by a Governor for a State as described in section 133(a)(2) shall be used to carry out the statewide rapid response activities described in paragraph (4).
</text>
</subparagraph>
<subparagraph id="HDFC4B6F2A6D04AFEAEB5D69377839BBA">
<enum>
(C)
</enum>
<header>
Statewide grants for individuals with barriers to employment
</header>
<text>
Funds reserved by a Governor for a State as described in section 133(a)(3) shall be used to carry out the Statewide Grants for Individuals with Barriers to Employment competition described in paragraph (5).
</text>
</subparagraph>
</paragraph>
<paragraph id="H5C4558E6A6F34EF388DE7B0B4527E21C">
<enum>
(2)
</enum>
<header>
Required Statewide employment and training activities
</header>
<text display-inline="yes-display-inline">
A State shall use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities, which shall include—
</text>
<subparagraph id="H19E5C79F6A604EC09C94C03CA67A7B15">
<enum>
(A)
</enum>
<text>
disseminating the State list of eligible providers of training described in section 122(d), information identifying eligible providers of on-the-job training and customized training described in section 122(i), and performance information and program cost information described in section 122(b)(2);
</text>
</subparagraph>
<subparagraph id="HB379DF3E69BC47E5A09AF7162E929609">
<enum>
(B)
</enum>
<text>
supporting the provision of work ready services described in subsection (c)(2) in the one-stop delivery system;
</text>
</subparagraph>
<subparagraph id="H1B5DC0D9E3D5468BB780B537BB0DDFCF">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
implementing strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, recognized postsecondary credentials, and employment experience to succeed in the labor market;
</text>
</subparagraph>
<subparagraph id="H0371CDC076AD42E9B42F4C2A6E60E476">
<enum>
(D)
</enum>
<text>
conducting evaluations under section 136(e) of activities authorized under this chapter in coordination with evaluations carried out by the Secretary under section 172;
</text>
</subparagraph>
<subparagraph id="H6A5416CC38CD4983947BD0E6F18CD6BF">
<enum>
(E)
</enum>
<text>
providing technical assistance to local areas that fail to meet local performance measures;
</text>
</subparagraph>
<subparagraph id="H6D9D8B638852499793C9EC77E47D728F">
<enum>
(F)
</enum>
<text>
operating a fiscal and management accountability system under section 136(f); and
</text>
</subparagraph>
<subparagraph id="HB352900DC14E43E38C5594DD29DF6C53">
<enum>
(G)
</enum>
<text>
carrying out monitoring and oversight of activities carried out under this chapter.
</text>
</subparagraph>
</paragraph>
<paragraph id="HDE95CEC406CC4B249ECB2F0019D1BACE">
<enum>
(3)
</enum>
<header>
Allowable statewide employment and training activities
</header>
<text>
A State may use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities which may include—
</text>
<subparagraph id="HAEFE45C09941425FB47B6CB6E735DF4A">
<enum>
(A)
</enum>
<text>
implementing innovative programs and strategies designed to meet the needs of all employers in the State, including small employers, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnerships, career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title;
</text>
</subparagraph>
<subparagraph id="H62F87F4C29054C858DCFE7B392F058FD">
<enum>
(B)
</enum>
<text>
providing incentive grants to local areas for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)), for local coordination of activities carried out under this Act, and for exemplary performance by local areas on the local performance measures;
</text>
</subparagraph>
<subparagraph id="H641D0CE80A494CDB86955C551B2FDF73">
<enum>
(C)
</enum>
<text>
developing strategies for effectively integrating programs and services among one-stop partners;
</text>
</subparagraph>
<subparagraph id="H663BB554CEBA4D6A8B2B041173419A3A">
<enum>
(D)
</enum>
<text>
carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology;
</text>
</subparagraph>
<subparagraph id="HC91F3A7CD6024B23B48BD1642CAD1241">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
incorporating pay-for-performance contracting strategies as an element in funding activities under this section and providing technical support to local areas and eligible providers in order to carry out such strategy, which may provide assistance with data collection and data entry requirements;
</text>
</subparagraph>
<subparagraph id="H63A244E9A766466C997E9A5C55F3564C">
<enum>
(F)
</enum>
<text>
carrying out the State option under subsection (f)(8); and
</text>
</subparagraph>
<subparagraph id="H7DF721CBC2DF4CC0A39CC8A763C9A6C9">
<enum>
(G)
</enum>
<text>
carrying out other activities authorized under this section that the State determines to be necessary to assist local areas in carrying out activities described in subsection (c) or (d) through the statewide workforce investment system.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0D8E9676C5084C1F9E3062624CB14AC6">
<enum>
(4)
</enum>
<header>
Statewide rapid response activities
</header>
<text display-inline="yes-display-inline">
A State shall use funds reserved as described in section 133(a)(2) to carry out statewide rapid response activities, which shall include—
</text>
<subparagraph id="HEF06D61BEB9541A1890EB66934AD09E7">
<enum>
(A)
</enum>
<text>
provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas; and
</text>
</subparagraph>
<subparagraph id="H038BAB6466274DE2A383358D4E42467E">
<enum>
(B)
</enum>
<text>
provision of additional assistance to local areas that experience disasters, mass layoffs or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas.
</text>
</subparagraph>
</paragraph>
<paragraph id="H7D0AD9F577AD464CB1E6E80786ED6A82">
<enum>
(5)
</enum>
<header>
Statewide grants for individuals with barriers to employment
</header>
<subparagraph id="H125E9FE446AD4D31B5F8F3243B9B9CE1">
<enum>
(A)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Of the funds reserved as described in section 133(a)(3), the Governor of a State—
</text>
<clause id="H1E6E35715A2B4D878758E8244F6BD967">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
may reserve up to 5 percent to provide technical assistance to, and conduct evaluations as described in section 136(e), of the programs and activities carried out under this paragraph; and
</text>
</clause>
<clause id="H00BC203D549A42B0B1642264DCA94FC0">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
using the remainder, shall award grants on a competitive basis to eligible entities described in subparagraph (B) to carry out employment and training programs authorized under this paragraph for individuals with barriers to employment that meet specific performance outcomes and criteria established by the Governor.
</text>
</clause>
</subparagraph>
<subparagraph id="H3801853F13D843EB802C5D361B061AE4">
<enum>
(B)
</enum>
<header>
Eligible entity defined
</header>
<text display-inline="yes-display-inline">
For purposes of this paragraph, the term
<term>
eligible entity
</term>
means an entity that—
</text>
<clause id="H56CC640735054A5B86D80AF96A1C54AA">
<enum>
(i)
</enum>
<text>
is a—
</text>
<subclause id="H4E5B66DD1ADA47BA9388B07873B05C9F">
<enum>
(I)
</enum>
<text>
local board or a consortium of local boards;
</text>
</subclause>
<subclause id="H370D1F78AD5544EB9C7559FF2B7C59A6">
<enum>
(II)
</enum>
<text>
nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities; or
</text>
</subclause>
<subclause id="H868BD47D72744C30BF21D5A9129BC02D">
<enum>
(III)
</enum>
<text>
consortium of the entities described in subclauses (I) and (II);
</text>
</subclause>
</clause>
<clause id="H18DAD736B9DA493BA1A5D5BD7B24D7AA">
<enum>
(ii)
</enum>
<text>
has a demonstrated record of placing individuals into unsubsidized employment and serving hard to serve individuals; and
</text>
</clause>
<clause id="HAD716F1D56CA4B9DABFBC060EF570804">
<enum>
(iii)
</enum>
<text>
agrees to be reimbursed primarily on the basis of achievement of specified performance outcomes and criteria established by the Governor.
</text>
</clause>
</subparagraph>
<subparagraph id="H2150EC9C44754AA9A81CF9793D8785D3">
<enum>
(C)
</enum>
<header>
Grant period
</header>
<clause id="HBE43A5B2E63C4838B652C2B638638333">
<enum>
(i)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
A grant under this paragraph shall be awarded for a period of 1 year.
</text>
</clause>
<clause id="HFC521022EBA449968EA60DB2A596C85D">
<enum>
(ii)
</enum>
<header>
Grant renewal
</header>
<text display-inline="yes-display-inline">
A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph.
</text>
</clause>
</subparagraph>
<subparagraph id="H67DCA3B1835442D39FB808E340B7201D">
<enum>
(D)
</enum>
<header>
Eligible Participants
</header>
<text display-inline="yes-display-inline">
To be eligible to participate in activities under this paragraph, an individual shall be a low-income individual age 16 or older or a member of a low-income family.
</text>
</subparagraph>
<subparagraph id="HC61FC498343F4B2AAA0A3EF06FC59785">
<enum>
(E)
</enum>
<header>
Use of Funds
</header>
<text display-inline="yes-display-inline">
An eligible entity receiving a grant under this paragraph shall use such funds for activities that are designed to assist eligible participants in obtaining employment and acquiring the education and skills necessary to succeed in the labor market.
</text>
</subparagraph>
<subparagraph id="H015EC4245E634D00959D57290F9285ED">
<enum>
(F)
</enum>
<header>
Applications
</header>
<text display-inline="yes-display-inline">
To be eligible to receive a grant under this paragraph, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including—
</text>
<clause id="HEE16132C531645FBA79018160C10E4A6">
<enum>
(i)
</enum>
<text>
a description of how the strategies and activities will be aligned with the State plan submitted under section 112 and the local plan submitted under section 118 with respect to the areas of the State that will be the focus of grant activities under this paragraph;
</text>
</clause>
<clause id="H25ED865CBB674E9EAF68CD076FB09F42">
<enum>
(ii)
</enum>
<text>
a description of the educational and skills training programs and activities the eligible entity will provide to eligible participants under this paragraph;
</text>
</clause>
<clause id="H9A8113D0CB614B8D8E3F9F5D6EE12325">
<enum>
(iii)
</enum>
<text>
how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities;
</text>
</clause>
<clause id="H05F43E463191405BA11D09451C7AD3FD">
<enum>
(iv)
</enum>
<text>
a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve the education and skills training for eligible participants;
</text>
</clause>
<clause id="H1C09B08E704C41EC8CA5F35D827AB139">
<enum>
(v)
</enum>
<text>
a description of the populations to be served and the skill needs of those populations, and the manner in which eligible participants will be recruited and selected as participants;
</text>
</clause>
<clause id="H1E55E6BB6C174AC4B650CC5D038EDFB5">
<enum>
(vi)
</enum>
<text>
a description of the private, public, local, and State resources that will be leveraged, in addition to the grant funds provided for the programs and activities under this paragraph, and how the entity will ensure the sustainability of such programs and activities after grant funds are no longer available;
</text>
</clause>
<clause id="H580DFC57FDEC42189196C1F5DAB39E91">
<enum>
(vii)
</enum>
<text>
a description of the extent of the involvement of employers in such programs and activities;
</text>
</clause>
<clause id="H1027A6DEA3FE4BB2941571F8A2F7C328">
<enum>
(viii)
</enum>
<text>
a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for all individuals specified in section in 136(b)(2);
</text>
</clause>
<clause id="H05E352D1D89E404CAF0FE2160CE37FB4">
<enum>
(ix)
</enum>
<text>
a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures that will be used to ensure fiscal soundness for the programs and activities provided under this paragraph; and
</text>
</clause>
<clause id="HF253FCB5420D450BA302692A1F2941E6">
<enum>
(x)
</enum>
<text>
any other criteria the Governor may require.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HEA378E26647E47B2B700C1997A1A34C5">
<enum>
(2)
</enum>
<text>
by amending subsection (b) to read as follows:
</text>
<quoted-block id="H541B3843F6A7442E8105B14C80CC93EB" style="OLC">
<subsection id="HA83A29FAABF4402EA8ADA7294AD8EB00">
<enum>
(b)
</enum>
<header>
Local employment and training activities
</header>
<text>
Funds allocated to a local area under section 133(b)—
</text>
<paragraph id="HE7D8CEA4767748D594E6AAEDB6CA09A8">
<enum>
(1)
</enum>
<text>
shall be used to carry out employment and training activities described in subsection (c); and
</text>
</paragraph>
<paragraph id="H921AA2D882A74B76B79779D09139EF57">
<enum>
(2)
</enum>
<text>
may be used to carry out employment and training activities described in subsection (d).
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H761C2BC3165D4C6485790E9D19E316A1">
<enum>
(3)
</enum>
<text>
by striking subsection (c);
</text>
</paragraph>
<paragraph id="HD6DAFD0FE3C04960A0C83F5602857F0D">
<enum>
(4)
</enum>
<text>
by redesignating subsections (d) and (e), as subsections (c) and (d), respectively;
</text>
</paragraph>
<paragraph id="H42C4458A843943A2A9F98585C67B30FF">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
in subsection (c) (as so redesignated)—
</text>
<subparagraph id="H736415DA89C64DA38828C2C21940F2CD">
<enum>
(A)
</enum>
<text>
by amending paragraph (1) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H5993F7BD891F46869ECFFA5305963F21" style="OLC">
<paragraph id="H411CDE41E25641F790634149773497E3">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Funds allocated to a local area under section 133(b) shall be used—
</text>
<subparagraph id="HEEC83DE41D87499B8717ADE2BC9A09A8">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
to establish a one-stop delivery system as described in section 121(e);
</text>
</subparagraph>
<subparagraph id="H9E711DD1C2C144379D5B8F76A8B06938">
<enum>
(B)
</enum>
<text>
to provide the work ready services described in paragraph (2) through the one-stop delivery system in accordance with such paragraph; and
</text>
</subparagraph>
<subparagraph id="H53A783ACFA9E42A6B698A44001E25FAE">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
to provide training services described in paragraph (4) in accordance with such paragraph.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H0F532C4518BE488CBE6DCEAEA4E44335">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="HD55D1437E5F64D64B1252C2D04A08C8A">
<enum>
(i)
</enum>
<text>
in the heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Core services
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
Work ready services
</header-in-text>
</quote>
;
</text>
</clause>
<clause id="HC273D9CA624D4F069898F57ED71CCA17">
<enum>
(ii)
</enum>
<text>
in the matter preceding subparagraph (A)—
</text>
<subclause id="H603A516B19914FCB830079C044901324">
<enum>
(I)
</enum>
<text>
by striking
<quote>
(1)(A)
</quote>
and inserting
<quote>
(1)(B)
</quote>
;
</text>
</subclause>
<subclause id="H2FF710902F1D4D11A121C5658B4B18CA">
<enum>
(II)
</enum>
<text>
by striking
<quote>
core services
</quote>
and inserting
<quote>
work ready services
</quote>
; and
</text>
</subclause>
<subclause id="HB6B42B5BC00F4750B148175592797122">
<enum>
(III)
</enum>
<text>
by striking
<quote>
who are adults or dislocated workers
</quote>
;
</text>
</subclause>
</clause>
<clause id="HCB9343BEE0A54463AFD3274829A0A03E">
<enum>
(iii)
</enum>
<text>
by redesignating subparagraph (K) as subparagraph (V);
</text>
</clause>
<clause id="H041C0A38C583475D868691E35AB574E7">
<enum>
(iv)
</enum>
<text>
by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively;
</text>
</clause>
<clause id="HA75B351FB38E4E12B0E1A3FCAD73F8C9">
<enum>
(v)
</enum>
<text>
by inserting after subparagraph (A) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA40788B385854BC7B692F4B41FF7D934" style="OLC">
<subparagraph id="HC57C1FCDF87C4E1C9B5C15B744985272">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
assistance in obtaining eligibility determinations under the other one-stop partner programs through activities, where appropriate and consistent with the authorizing statute of the one-stop partner program, such as assisting in the submission of applications, the provision of information on the results of such applications, and the provision of intake services and information;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause display-inline="no-display-inline" id="H10A98142C6224BBDB8A1994297D49D98">
<enum>
(vi)
</enum>
<text>
by amending subparagraph (E), as so redesignated, to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HB206BFD4C644453EB90EB84162B3D34D" style="OLC">
<subparagraph id="H69DC819CA9D94553B1E04FD294A0B56A">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
labor exchange services, including—
</text>
<clause id="H58B1954D4BE1404AAE0BC5F45BE99D27">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
job search and placement assistance, and where appropriate, career counseling;
</text>
</clause>
<clause id="HB9651446F8B645D196F00FB31FD63CD3">
<enum>
(ii)
</enum>
<text>
appropriate recruitment services for employers, including small employers, in the local area, which may include services described in this subsection, including information and referral to specialized business services not traditionally offered through the one-stop delivery system; and
</text>
</clause>
<clause id="HCD938FA5A9AD4E09AA6EBB502517373A">
<enum>
(iii)
</enum>
<text>
reemployment services provided to unemployment claimants, including claimants identified as in need of such services under the worker profiling system established under section 303(j) of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/503">
42 U.S.C. 503(j)
</external-xref>
);
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HE7684FF0564E479782068A01CF35897D">
<enum>
(vii)
</enum>
<text>
in subparagraph (F), as so redesignated, by striking
<quote>
employment statistics
</quote>
and inserting
<quote>
workforce and labor market
</quote>
;
</text>
</clause>
<clause id="H71D41DC794E8425E8755FF1A86EAF75D">
<enum>
(viii)
</enum>
<text>
in subparagraph (G), as so redesignated, by striking
<quote>
and eligible providers of youth activities described in section 123,
</quote>
;
</text>
</clause>
<clause id="HB25812B1108A4C4AA9C0AE1147E97FBD">
<enum>
(ix)
</enum>
<text>
in subparagraph (H), as so redesignated, by inserting
<quote>
under section 136
</quote>
after
<quote>
local performance measures
</quote>
;
</text>
</clause>
<clause id="HFC1BA6F7BBC44915B2B3950F6FCF823C">
<enum>
(x)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (J), as so redesignated, by inserting
<quote>
and the administration of the work test for the unemployment compensation system
</quote>
after
<quote>
compensation
</quote>
;
</text>
</clause>
<clause id="H7B1083CA97C347ADAB0A33812B8DCF5B">
<enum>
(xi)
</enum>
<text>
by amending subparagraph (K), as so redesignated, to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H7AFCBE8541544F94AEFEFDD46E8D3450" style="OLC">
<subparagraph id="H77210557D2E541C0A102EA2C774C8C38">
<enum>
(K)
</enum>
<text display-inline="yes-display-inline">
assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act and are available in the local area;
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H8CFAEC2A17B74FDFB912952B16CB29D2">
<enum>
(xii)
</enum>
<text>
by inserting the following new subparagraphs after subparagraph (K), as so redesignated:
</text>
<quoted-block display-inline="no-display-inline" id="HC80FEEAC92164EDAB6AF95B918B494B0" style="OLC">
<subparagraph id="H0A422C9E1D1548FBB55452F7F3E65036">
<enum>
(L)
</enum>
<text display-inline="yes-display-inline">
the provision of information from official publications of the Internal Revenue Service regarding Federal tax credits available to individuals relating to education, job training and employment;
</text>
</subparagraph>
<subparagraph id="H20B5DB16273D435B8F37D91A7533DB9D">
<enum>
(M)
</enum>
<text>
comprehensive and specialized assessments of the skill levels and service needs of workers, which may include—
</text>
<clause id="HB4BC6C28965E449DB3C33F4E361B7438">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
diagnostic testing and use of other assessment tools; and
</text>
</clause>
<clause id="H3C906827F4664A988AF44AB9DC343846">
<enum>
(ii)
</enum>
<text>
in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals;
</text>
</clause>
</subparagraph>
<subparagraph id="HB1379E75C4364BB991F09E21D670E7A3">
<enum>
(N)
</enum>
<text display-inline="yes-display-inline">
development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant;
</text>
</subparagraph>
<subparagraph id="HBA4220CE4296439C93D92B5763690053">
<enum>
(O)
</enum>
<text>
group counseling;
</text>
</subparagraph>
<subparagraph id="HBA3FE238892C457DA36554530C0A0E05">
<enum>
(P)
</enum>
<text>
individual counseling and career planning;
</text>
</subparagraph>
<subparagraph id="H52A2F20F40FF40FFAD92612F55BDF7F6">
<enum>
(Q)
</enum>
<text>
case management;
</text>
</subparagraph>
<subparagraph id="HF8D1B43DCF6E4EEB8F9BE98FF17BD960">
<enum>
(R)
</enum>
<text>
short-term pre-career services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training;
</text>
</subparagraph>
<subparagraph id="H97117688D201424ABBD71048B74422CD">
<enum>
(S)
</enum>
<text>
internships and work experience;
</text>
</subparagraph>
<subparagraph id="H8073C508036D4788B4284A5D5ED070CD">
<enum>
(T)
</enum>
<text>
literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if such activities are not available to participants in the local area under programs administered under the Adult Education and Family Literacy Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/2901">
20 U.S.C. 2901 et seq.
</external-xref>
);
</text>
</subparagraph>
<subparagraph id="H653CF373B973492F90211545AD2B3D56">
<enum>
(U)
</enum>
<text>
out-of-area job search assistance and relocation assistance; and
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HEEE7CDF7821249A8A925367D534A614D">
<enum>
(C)
</enum>
<text>
by amending paragraph (3) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HCC0C398FEF2B4114A00ADBCA8168F00C" style="OLC">
<paragraph id="H522A5F9F74184151992F2A16DB66D12C">
<enum>
(3)
</enum>
<header>
Delivery of services
</header>
<text>
The work ready services described in paragraph (2) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HCEDCAEE8D3804FE3BD890469D8C9A1E7">
<enum>
(D)
</enum>
<text>
in paragraph (4)—
</text>
<clause id="H9739D4EF634A4C99B8A7AAB1CEF93FB4">
<enum>
(i)
</enum>
<text>
by amending subparagraph (A) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H55139C9DF3944D1F9FE8D2E9A325A5C2" style="OLC">
<subparagraph id="H20E66607324B4DB4BF983B5BD84EE8CA">
<enum>
(A)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Funds described in paragraph (1)(C) shall be used to provide training services to individuals who—
</text>
<clause id="H7920EC7BC81F46979FA1089192B77305">
<enum>
(i)
</enum>
<text>
after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to—
</text>
<subclause id="HF3D9317524B64C199B067BB80286E2C2">
<enum>
(I)
</enum>
<text>
be in need of training services to obtain or retain employment; and
</text>
</subclause>
<subclause id="HC6C1F4C8F4724B6FA0197A0477731AA4">
<enum>
(II)
</enum>
<text>
have the skills and qualifications to successfully participate in the selected program of training services;
</text>
</subclause>
</clause>
<clause id="H184EF02F3B2447BDB7525B07B79E3357">
<enum>
(ii)
</enum>
<text>
select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the individual receiving such services are willing to commute or relocate; and
</text>
</clause>
<clause id="H06F368AC5FF849E5A11425D8BD077C46">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
who meet the requirements of subparagraph (B).
</text>
</clause>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HA03453CEB4DB4D8A85AC746A8035561A">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (B)(i), by striking
<quote>
Except
</quote>
and inserting
<quote>
Notwithstanding section 479B of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1087uu">
20 U.S.C. 1087uu
</external-xref>
) and except
</quote>
;
</text>
</clause>
<clause id="H27917DA2B45D4240A33A70D70D350D6A">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
by amending subparagraph (D) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HA69E4852011B4E1A8C7515EF89B6AA19" style="OLC">
<subparagraph id="H78248D8B524F4560B3A28BDCA68EE9DE">
<enum>
(D)
</enum>
<header>
Training services
</header>
<text>
Training services authorized under this paragraph may include—
</text>
<clause id="H014B478526DA458CA33E876A19B8C67F">
<enum>
(i)
</enum>
<text>
occupational skills training;
</text>
</clause>
<clause id="H03963E8365604CC793423AD9C7578C8B">
<enum>
(ii)
</enum>
<text>
on-the-job training;
</text>
</clause>
<clause id="H129408779BEE418199F006D5A8DFB8BA">
<enum>
(iii)
</enum>
<text>
skill upgrading and retraining;
</text>
</clause>
<clause id="HCBF904EDBE794B8FAAC4FA584357FB0C">
<enum>
(iv)
</enum>
<text>
entrepreneurial training;
</text>
</clause>
<clause id="H39DB9440D96947A8B77B46A903463CCC">
<enum>
(v)
</enum>
<text>
education activities leading to a regular secondary school diploma or its recognized equivalent in combination with, concurrently or subsequently, occupational skills training;
</text>
</clause>
<clause id="H2ADBFA67E97D4B0CA0CDEC1570C98D16">
<enum>
(vi)
</enum>
<text>
adult education and literacy activities provided in conjunction with other training authorized under this subparagraph;
</text>
</clause>
<clause id="H63A17D2891D84C9084FEDFDE271EAC6C">
<enum>
(vii)
</enum>
<text>
workplace training combined with related instruction;
</text>
</clause>
<clause id="H93BFBE2E37824B74A19B0F4651990650">
<enum>
(viii)
</enum>
<text>
occupational skills training that incorporates English language acquisition;
</text>
</clause>
<clause id="H33B0B64738BB4633AA2582FA3E8F4813">
<enum>
(ix)
</enum>
<text>
customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; and
</text>
</clause>
<clause id="H37DA266AC8B046C4B54DFE163AE59619">
<enum>
(x)
</enum>
<text>
training programs operated by the private sector.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H1C3AEAE88CD140B88FE7E72B99E3E6CE">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and
</text>
</clause>
<clause id="HBB0EAA96BD8A45AB90886C15A10555B7">
<enum>
(v)
</enum>
<text>
in subparagraph (E) (as so redesignated)—
</text>
<subclause id="H7FD83C7998194431A7025C9B6DEED554">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
in clause (ii)—
</text>
<item id="H7821579691504A9F970157771C03E2A5">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
in the matter preceding subclause (I), by striking
<quote>
subsection (c)
</quote>
and inserting
<quote>
section 121
</quote>
;
</text>
</item>
<item id="H6DAE5103DE6F41F4B74062F6DB833A6F">
<enum>
(bb)
</enum>
<text>
in subclause (I), by striking
<quote>
section 122(e)
</quote>
and inserting
<quote>
section 122(d)
</quote>
and by striking
<quote>
section 122(h)
</quote>
and inserting
<quote>
section 122(i)
</quote>
; and
</text>
</item>
<item id="H38372AE9066544A79D3F5E392DAA2076">
<enum>
(cc)
</enum>
<text>
in subclause (II), by striking
<quote>
subsections (e) and (h)
</quote>
and inserting
<quote>
subsection (i)
</quote>
; and
</text>
</item>
</subclause>
<subclause id="HAAEB069256DA4707B6E85A4C0C2803A1">
<enum>
(II)
</enum>
<text>
by striking clause (iii) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4E838D0D05914308BDCC2C987E0C44C6" style="OLC">
<clause id="H2A4144FF408246298ED1993C0A347F5C">
<enum>
(iii)
</enum>
<header>
Career enhancement accounts
</header>
<text display-inline="yes-display-inline">
An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through a career enhancement account.
</text>
</clause>
<clause id="H04EC916C2DAA4C6DB739CD31FC597B73">
<enum>
(iv)
</enum>
<header>
Coordination
</header>
<text>
Each local board may, through one-stop centers, coordinate career enhancement accounts with other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services.
</text>
</clause>
<clause id="H5A21CA6631A246C8A6C07C5168BBA559">
<enum>
(v)
</enum>
<header>
Assistance
</header>
<text>
Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts in obtaining funds (in addition to the funds provided under this section) from other programs and sources that will assist the individual in obtaining training services.
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="H25710CFB0AF5498AAF302A4035498FE5">
<enum>
(vi)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (F) (as so redesignated)—
</text>
<subclause id="H437440043FFC40F6AC566FED66C259C5">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
in the subparagraph heading, by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
individual training accounts
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
career enhancement accounts
</header-in-text>
</quote>
;
</text>
</subclause>
<subclause id="H9C29D6EA554143B197AA58559943CA04">
<enum>
(II)
</enum>
<text>
in clause (i) by striking
<quote>
individual training accounts
</quote>
and inserting
<quote>
career enhancement accounts
</quote>
;
</text>
</subclause>
<subclause id="HB9A4DF6FF41A476E8FEAF6E3039723F7">
<enum>
(III)
</enum>
<text>
in clause (ii)—
</text>
<item id="H357B415181934AEB9C3B1654A2E8510C">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
an individual training account
</quote>
and inserting
<quote>
a career enhancement account
</quote>
;
</text>
</item>
<item id="H46FD1E2B29004867A7178F6F86EFEFD5">
<enum>
(bb)
</enum>
<text>
by striking
<quote>
subparagraph (F)
</quote>
and inserting
<quote>
subparagraph (E)
</quote>
;
</text>
</item>
<item id="H393D7FCDEFC847F5A97C5CCF0015F237">
<enum>
(cc)
</enum>
<text>
in subclause (II), by striking
<quote>
individual training accounts
</quote>
and inserting
<quote>
career enhancement accounts
</quote>
;
</text>
</item>
<item id="HA35FAD512A4741E7BB1CB88E97C0D3FD">
<enum>
(dd)
</enum>
<text>
in subclause (II) by striking
<quote>
or
</quote>
after the semicolon;
</text>
</item>
<item id="H6993CADAB6044FD7B28F36DB41DF8989">
<enum>
(ee)
</enum>
<text>
in subclause (III) by striking the period and inserting
<quote>
; or
</quote>
; and
</text>
</item>
<item id="HBF00F6FE7DE6455CAB55D548B38E5064">
<enum>
(ff)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H03247CE0A5834B9EB9E95743E79547C0" style="OLC">
<subclause id="H5046352B18FA431C80953CA72EE19D8B">
<enum>
(IV)
</enum>
<text display-inline="yes-display-inline">
the local board determines that it would be most appropriate to award a contract to a postsecondary educational institution that has been identified as a priority eligible provider under section 117(d)(5)(B) in order to facilitate the training of multiple individuals in in-demand sectors or occupations, such contract may be used to enable the expansion of programs provided by a priority eligible provider, and such contract does not limit customer choice.
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</item>
</subclause>
<subclause id="H9655E46A5A4546B98E5C92219760B6F1">
<enum>
(IV)
</enum>
<text display-inline="yes-display-inline">
in clause (iii), by striking
<quote>
adult or dislocated worker
</quote>
and inserting
<quote>
individual
</quote>
; and
</text>
</subclause>
<subclause id="HED501EAFD48C4C8EB98AF418751AF672">
<enum>
(V)
</enum>
<text>
in clause (iv)—
</text>
<item id="H74593C38EF1F4F98921B89D5E250A7FE">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
by redesignating subclause (IV) as subclause (V) and inserting after subclause (III) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H48AE4903451F42F4BD6B8D8118824077" style="OLC">
<subclause id="H04EDBBD322554AD2ACACF0F0392C1F04">
<enum>
(IV)
</enum>
<text display-inline="yes-display-inline">
Individuals with disabilities.
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</item>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H45156173A7D0413ABEF7841502009939">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
in subsection (d) (as so redesignated)—
</text>
<subparagraph id="HEB03E24E165D461C833CC6D541355B32">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by amending paragraph (1) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H6748CCE509AD4F64AD1F7DF9AE9953A8" style="OLC">
<paragraph id="H01DD2DB1ED714508BFA16252813852E2">
<enum>
(1)
</enum>
<header>
Discretionary one-stop delivery activities
</header>
<subparagraph id="H39E067F8B0CB4B14BF2B611503FBC4E3">
<enum>
(A)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Funds allocated to a local area under section 133(b)(2) may be used to provide, through the one-stop delivery system—
</text>
<clause id="HF3AC8AE3683E48BEB60B039782AF85AF">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
customized screening and referral of qualified participants in training services to employers;
</text>
</clause>
<clause id="HE468BD0620514075B3783A5C70FAC6B5">
<enum>
(ii)
</enum>
<text>
customized employment-related services to employers on a fee-for-service basis;
</text>
</clause>
<clause id="H45AB7C23148B4CD7A5FF35D0011BB13A">
<enum>
(iii)
</enum>
<text>
customer supports, including transportation and childcare, to navigate among multiple services and activities for special participant populations that face multiple barriers to employment, including individuals with disabilities;
</text>
</clause>
<clause id="H2FC89833520F4D9DBB13A9FBCB2E6151">
<enum>
(iv)
</enum>
<text>
employment and training assistance provided in coordination with child support enforcement activities of the State agency carrying out subtitle D of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/651">
42 U.S.C. 651 et seq.
</external-xref>
);
</text>
</clause>
<clause id="H81D6FFCA4CB942CF8AE02D653FD85220">
<enum>
(v)
</enum>
<text>
incorporating pay-for-performance contract strategies as an element in funding activities under this section;
</text>
</clause>
<clause id="HBECB0C23CCD245C0B4181B19DA89AEB0">
<enum>
(vi)
</enum>
<text>
activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and
</text>
</clause>
<clause id="HA4E0838EFFBD49C58FA4CB08138E1136">
<enum>
(vii)
</enum>
<text>
activities to carry out business services and strategies that meet the workforce investment needs of local area employers, as determined by the local board, consistent with the local plan under section 118.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H5855E13E2F3143A9A2483695E411422F">
<enum>
(B)
</enum>
<text>
by striking paragraphs (2) and (3); and
</text>
</subparagraph>
<subparagraph id="H5A7D52411EC544B496A3A26C2485FD88">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD534AAE45DCF4623A67DB7FFE52479CA" style="OLC">
<paragraph id="H816287FCC97E42AAB710FCFC99543633">
<enum>
(2)
</enum>
<header>
Incumbent worker training programs
</header>
<subparagraph id="HBEBC26A8F24F4D6E835E33671F8DA095">
<enum>
(A)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
The local board may use funds allocated to a local area under section 133(b)(2) to carry out incumbent worker training programs in accordance with this paragraph.
</text>
</subparagraph>
<subparagraph id="H9625E01388A74BDC9C131BD70BEFCBE4">
<enum>
(B)
</enum>
<header>
Training activities
</header>
<text>
The training programs for incumbent workers under this paragraph shall be carried out by the local area in conjunction with the employers of such workers for the purpose of assisting such workers in obtaining the skills necessary to retain employment and avert layoffs.
</text>
</subparagraph>
<subparagraph id="HD750A85490F745A8A27E6544AEAB6504">
<enum>
(C)
</enum>
<header>
Employer match required
</header>
<clause id="HE6B6C51A5BB84D9E8A4C351F47FAAAD4">
<enum>
(i)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Employers participating in programs under this paragraph shall be required to pay a proportion of the costs of providing the training to the incumbent workers of the employers. The local board shall establish the required portion of such costs, which may include in-kind contributions.
</text>
</clause>
<clause id="H252E0B3BDDC04101A16F840CF02CEEAF">
<enum>
(ii)
</enum>
<header>
Calculation of match
</header>
<text>
The wages paid by an employer to a worker while they are attending training may be included as part of the required payment of the employer.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HEE205E2D3DE84375A8574129B0DAAF95">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2A3367E0D4344008ACC0AF2EAE91B30E" style="OLC">
<subsection id="HC99CBCC9149B4E278E62DB8B9B332215">
<enum>
(e)
</enum>
<header>
Priority for Placement in Private Sector Jobs
</header>
<text display-inline="yes-display-inline">
In providing employment and training activities authorized under this section, the State and local board shall give priority to placing participants in jobs in the private sector.
</text>
</subsection>
<subsection id="H4F08DB9273F2468798F4BAB54FC34BF1">
<enum>
(f)
</enum>
<header>
Veteran employment specialist
</header>
<paragraph id="H5FE1EFBD7FAD4451BC456E6F578C9149">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Subject to paragraph (8), a local board shall hire and employ one or more veteran employment specialist to carry out employment, training, and placement services under this subsection in the local area served by the local board.
</text>
</paragraph>
<paragraph id="H8693BBCFB21547F1B93E6352B6FC00AB">
<enum>
(2)
</enum>
<header>
Principal duties
</header>
<text>
A veteran employment specialist in a local area shall—
</text>
<subparagraph id="H4CA78CA619B84F8B90423A737D42CA0C">
<enum>
(A)
</enum>
<text>
conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including—
</text>
<clause id="H6C8BF5DCF1F74793B6EAF18087713E7A">
<enum>
(i)
</enum>
<text>
conducting seminars for employers; and
</text>
</clause>
<clause id="H81B691E20A7E4B07BDEB327EFCA8791A">
<enum>
(ii)
</enum>
<text>
in conjunction with employers, conducting job search workshops, and establishing job search groups; and
</text>
</clause>
</subparagraph>
<subparagraph id="HA5B8087CAC7748D99AA2157EEC52E37D">
<enum>
(B)
</enum>
<text>
facilitate employment, training, supportive, and placement services furnished to veterans, including disabled and homeless veterans, in the local area.
</text>
</subparagraph>
</paragraph>
<paragraph id="HEA9371F0A3604ECF9949AC7BFA727F44">
<enum>
(3)
</enum>
<header>
Hiring preference for veterans and individuals with expertise in serving veterans
</header>
<text display-inline="yes-display-inline">
Subject to paragraph (8), a local board shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to carry out the services described in paragraph (2) in the local area served by the local board. In hiring an individual to serve as a veteran employment specialist, a local board shall give preference to veterans and other individuals in the following order:
</text>
<subparagraph id="H6A822353D7CA45B795C0FE78D462D009">
<enum>
(A)
</enum>
<text>
To service-connected disabled veterans.
</text>
</subparagraph>
<subparagraph id="H4E43245253414175AD93E6B0B5861953">
<enum>
(B)
</enum>
<text>
If no veteran described in subparagraph (A) is available, to veterans.
</text>
</subparagraph>
<subparagraph id="HB085474BE1014FC9B764B71CE6E83337">
<enum>
(C)
</enum>
<text>
If no veteran described in subparagraph (A) or (B) is available, to any member of the Armed Forces transitioning out of military service.
</text>
</subparagraph>
<subparagraph id="HCF17D3D0FF2A40228517B64E77E953D9">
<enum>
(D)
</enum>
<text>
If no veteran described in subparagraph (A), (B), or (C) is available, to any spouse of a veteran or a spouse of a member of the Armed Forces transitioning out of military service.
</text>
</subparagraph>
<subparagraph id="H141D30F512E944BCB6F56300E8055396">
<enum>
(E)
</enum>
<text>
If no veteran described in subparagraph (A), (B), or (C) is available and no spouse described in paragraph (D) is available, to any other individuals with expertise in serving veterans.
</text>
</subparagraph>
</paragraph>
<paragraph id="H55E60B64D98C41D79B716818F68C37B6">
<enum>
(4)
</enum>
<header>
Administration and reporting
</header>
<subparagraph id="HAD0CC295608C4303A1ED989A68DF3AB1">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Each veteran employment specialist shall be administratively responsible to the manager of the one-stop delivery center in the local area and shall provide, at a minimum, quarterly reports to the manager of such center and to the Director for Veterans’ Employment and Training for the State on the performance and compliance by the specialist with Federal law and regulations with respect to the—
</text>
<clause id="H5CD2AF7AADFE4947B353B1F817963455">
<enum>
(i)
</enum>
<text>
principal duties and special services for veterans described in paragraph (2); and
</text>
</clause>
<clause id="H193613ED8E10418FA8D0B28238334FE2">
<enum>
(ii)
</enum>
<text>
hiring preferences described in paragraph (3) for veterans and individuals with expertise in serving veterans.
</text>
</clause>
</subparagraph>
<subparagraph id="HBFF0F6C5614245B49A2AC3AA7C5004F3">
<enum>
(B)
</enum>
<header>
Report to Secretary
</header>
<text>
Each State shall submit to the Secretary an annual report on the qualifications used by the local board in making hiring determinations for a veteran employment specialist and the salary structure under which such specialist is compensated.
</text>
</subparagraph>
<subparagraph id="H905E6F31287B475282810E3D1A60639F">
<enum>
(C)
</enum>
<header>
Report to Congress
</header>
<text display-inline="yes-display-inline">
The Secretary shall submit to the Committee on Education and the Workforce and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the Senate an annual report summarizing the reports submitted under subparagraph (B), including summaries of outcomes achieved by participating veterans disaggregated by local areas.
</text>
</subparagraph>
</paragraph>
<paragraph id="H6F7DD286267944E5AEBCD117285F6729">
<enum>
(5)
</enum>
<header>
Part-time employees
</header>
<text>
A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this subsection on a halftime basis.
</text>
</paragraph>
<paragraph id="H2B1006EB6F824E71BEB42E7F91BFD8DA">
<enum>
(6)
</enum>
<header>
Training requirements
</header>
<text>
Each veteran employment specialist described in paragraph (2) shall satisfactorily complete training provided by the National Veterans' Employment and Training Institute during the three-year period that begins on the date on which the employee is so assigned.
</text>
</paragraph>
<paragraph id="H78AA8D9A976D47BF86EE1D4B4A509B29">
<enum>
(7)
</enum>
<header>
Specialist’s duties
</header>
<text display-inline="yes-display-inline">
A full-time veteran employment specialist shall perform only duties related to the employment, training, supportive, and placement services under this subsection, and shall not perform other non-veteran-related duties if such duties detract from the specialist’s ability to perform the specialist's duties related to employment, training, and placement services under this subsection.
</text>
</paragraph>
<paragraph id="H8695FDC55C7844E8B628D5445D9CD8B0">
<enum>
(8)
</enum>
<header>
State option
</header>
<text display-inline="yes-display-inline">
At the request of a local board, a State may assume the duties assigned to the local board under paragraphs (1) and (3), including the hiring and employment of one or more veteran employment specialist for placement in the local area served by the local board.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HFD96C140463040A69786A0233CC79A00">
<enum>
114.
</enum>
<header>
Performance accountability system
</header>
<text display-inline="no-display-inline">
Section 136 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2871">
29 U.S.C. 2871
</external-xref>
) is amended—
</text>
<paragraph id="HCE8D30EB50AF480C9CD7806AAB7E1E49">
<enum>
(1)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="H82B1D3FB696F4E82AF7BCED1441E9B64">
<enum>
(A)
</enum>
<text>
by amending paragraphs (1) and (2) to read as follows:
</text>
<quoted-block id="H1AC9F097029747248EF50B7360AB7571" style="OLC">
<paragraph id="H6F9299C652904748A0CDC8054B877490">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
For each State, the State performance measures shall consist of—
</text>
<subparagraph id="H8A0EDE2280A545D389CAC8A0BC707915">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="HED86A916CB554999B6B6A11593DABB7E">
<enum>
(i)
</enum>
<text>
the core indicators of performance described in paragraph (2)(A); and
</text>
</clause>
<clause id="H456758BBE806401F9907BD486CBE2988" indent="up1">
<enum>
(ii)
</enum>
<text>
additional indicators of performance (if any) identified by the State under paragraph (2)(B); and
</text>
</clause>
</subparagraph>
<subparagraph id="HED51752352654496A9CA54FD7C1212A3">
<enum>
(B)
</enum>
<text>
a State adjusted level of performance for each indicator described in subparagraph (A).
</text>
</subparagraph>
</paragraph>
<paragraph id="HAD2323B69DCE4D819402953F214834AF">
<enum>
(2)
</enum>
<header>
Indicators of performance
</header>
<subparagraph id="H24078532177A42DA8ED3DF523AD0E58C">
<enum>
(A)
</enum>
<header>
Core indicators of performance
</header>
<clause id="H322251AE49B74BEAA90196026928373C">
<enum>
(i)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
The core indicators of performance for the program of employment and training activities authorized under sections 132(a)(2) and 134, the program of adult education and literacy activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
), other than section 112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741), shall consist of the following indicators of performance, each disaggregated by the populations identified in the State and local plans:
</text>
<subclause id="HE9BCD9C12B6E4A9D98B185DA828808D3">
<enum>
(I)
</enum>
<text>
The percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program.
</text>
</subclause>
<subclause id="H4CB4F82586CD4D819C9EA61C185728C0">
<enum>
(II)
</enum>
<text>
The percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program.
</text>
</subclause>
<subclause id="H156B0D733444475A88DE3042E08ED74F">
<enum>
(III)
</enum>
<text>
The median earnings of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program compared to the median earnings of such participants prior to the training received under such program.
</text>
</subclause>
<subclause id="H183D1D9E567E4F9C93FCC4F238C0BE0A">
<enum>
(IV)
</enum>
<text>
The percentage and number of program participants who obtain a recognized postsecondary credential, a registered apprenticeship, an industry-recognized credential, or a regular secondary school diploma or its recognized equivalent (subject to clause (ii)), during participation in or within 1 year after exit from program.
</text>
</subclause>
<subclause id="H79E54FF0413647D99149E8205A86D880">
<enum>
(V)
</enum>
<text display-inline="yes-display-inline">
The percentage and number of program participants who, during a program year—
</text>
<item id="H4A6C06ACEE5F4804BABCAF6906F2C411">
<enum>
(aa)
</enum>
<text>
are in an education or training program that leads to a recognized postsecondary credential, a registered apprenticeship or on-the-job training program, an industry-recognized credential, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; and
</text>
</item>
<item id="HEB914653BC1148A99D58530FFF69E65F">
<enum>
(bb)
</enum>
<text>
are achieving measurable basic skill gains toward such a credential or employment.
</text>
</item>
</subclause>
<subclause id="HF9F562E953E74210B1ED2FC787494239">
<enum>
(VI)
</enum>
<text display-inline="yes-display-inline">
The percentage and number of program participants who obtain unsubsidized employment in the field relating to the training services described in section 134(c)(4) that such participants received.
</text>
</subclause>
</clause>
<clause id="H4A2B4A1ADCA643CE9D2F5E4145644565">
<enum>
(ii)
</enum>
<header>
Indicator relating to credential
</header>
<text>
For purposes of clause (i)(IV), program participants who obtain a regular secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have, within 1 year after exit from the program, obtained or retained employment, have been removed from public assistance, or are in an education or training program leading to a recognized postsecondary credential.
</text>
</clause>
</subparagraph>
<subparagraph id="HF7A9D1C36CD4449F94AA49E8C6102972">
<enum>
(B)
</enum>
<header>
Additional indicators
</header>
<text>
A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H93588E8298024AE29ECA8039A899D0C0">
<enum>
(B)
</enum>
<text>
in paragraph (3)—
</text>
<clause id="HEB08A0EC5FA2424297BAD5C0C2F334D3">
<enum>
(i)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="HE9CC55B99DD045A2A971BD8F1AAF25DC">
<enum>
(I)
</enum>
<text>
in the heading, by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
and customer satisfaction indicator
</header-in-text>
</quote>
;
</text>
</subclause>
<subclause id="H7C07EA18BEA34E7E85F0605FB74B9479">
<enum>
(II)
</enum>
<text>
in clause (i), by striking
<quote>
and the customer satisfaction indicator described in paragraph (2)(B)
</quote>
;
</text>
</subclause>
<subclause id="H111587B489D84833B81D2CE792CF567E">
<enum>
(III)
</enum>
<text>
in clause (ii), by striking
<quote>
and the customer satisfaction indicator of performance, for the first 3
</quote>
and inserting
<quote>
, for all 3
</quote>
;
</text>
</subclause>
<subclause id="H564D8601934945BD9951039AAC02709A">
<enum>
(IV)
</enum>
<text>
in clause (iii)—
</text>
<item id="HDA99839C26484AE6AED41EBE3F1D4D94">
<enum>
(aa)
</enum>
<text>
in the heading, by striking
<quote>
<header-in-text level="clause" style="OLC">
for first 3 years
</header-in-text>
</quote>
; and
</text>
</item>
<item id="H044A0FF93BAE4E9BBE18E7AE8D3FABFE">
<enum>
(bb)
</enum>
<text>
by striking
<quote>
and the customer satisfaction indicator of performance, for the first 3 program years
</quote>
and inserting
<quote>
for all 3 program years
</quote>
;
</text>
</item>
</subclause>
<subclause id="HB341DBF0583547F68202FF909775152C">
<enum>
(V)
</enum>
<text>
in clause (iv)—
</text>
<item id="HD7962CD8F8A846928683F2592A0FA041">
<enum>
(aa)
</enum>
<text>
by striking
<quote>
or (v)
</quote>
;
</text>
</item>
<item id="H68E78E478B6F45878FFCE9C697B6C0DE">
<enum>
(bb)
</enum>
<text>
by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and
</text>
</item>
<item id="H66C99B5AB56340E38F401BB69700A9F1">
<enum>
(cc)
</enum>
<text>
in subclause (I) (as so redesignated)—
</text>
<subitem id="HEDB7A7B38F28426891584D368977F2A0">
<enum>
(AA)
</enum>
<text>
by striking
<quote>
taking into account
</quote>
and inserting
<quote>
which shall be adjusted based on
</quote>
;
</text>
</subitem>
<subitem id="HE63D87579DCA47AAABCA6B0284FD7B28">
<enum>
(BB)
</enum>
<text>
by inserting
<quote>
, such as unemployment rates and job losses or gains in particular industries
</quote>
after
<quote>
economic conditions
</quote>
; and
</text>
</subitem>
<subitem id="H28A26A125A0048E09A6322D18A4B0820">
<enum>
(CC)
</enum>
<text>
by inserting
<quote>
, such as indicators of poor work experience, dislocation from high-wage employment, low levels of literacy or English proficiency, disability status, including the number of veterans with disabilities, and welfare dependency
</quote>
after
<quote>
program
</quote>
;
</text>
</subitem>
</item>
</subclause>
<subclause id="H39D78E3C63F048E08E3DBDAF19570C4F">
<enum>
(VI)
</enum>
<text>
by striking clause (v) and redesignating clause (vi) as clause (v); and
</text>
</subclause>
<subclause id="HD93E4F93A0964D489DB48C939ED85A6B">
<enum>
(VII)
</enum>
<text>
in clause (v) (as so redesignated),
</text>
<item id="H79D3F928FB8C46808C4697B29F9C4A6D">
<enum>
(aa)
</enum>
<text>
by striking
<quote>
described in clause (iv)(II)
</quote>
and inserting
<quote>
described in clause (iv)(I)
</quote>
; and
</text>
</item>
<item id="H4D334F82A2D142A28E36561A2E38D44E">
<enum>
(bb)
</enum>
<text>
by striking
<quote>
or (v)
</quote>
; and
</text>
</item>
</subclause>
</clause>
<clause id="H5BDFF6AEF0BD4F728372BA82C05C5D02">
<enum>
(ii)
</enum>
<text>
in subparagraph (B), by striking
<quote>
paragraph (2)(C)
</quote>
and inserting
<quote>
paragraph (2)(B)
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HCF1B0EA533A448B89A147A6C818FA451">
<enum>
(2)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="H1C41831EFB504ADF85A2E5CA56D58D8D">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by amending clause (i) of paragraph (1)(A) to read as follows:
<quote>
(i) the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsections, other than statewide workforce investment activities; and
</quote>
;
</text>
</subparagraph>
<subparagraph id="H8E9430E381EA4369BFD4B3BF3DD70E1A">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in clause (ii) of paragraph (1)(A), by striking
<quote>
(b)(2)(C)
</quote>
and inserting
<quote>
(b)(2)(B)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H587F156E9BAE44E0A6517CC1AD1BF477">
<enum>
(C)
</enum>
<text>
by amending paragraph (3) to read as follows:
</text>
<quoted-block id="H7935E5EC6D20488DAC3891689D2ED16F" style="OLC">
<paragraph id="H5CBDF3EDE6B243F8BE856BEC4D16A09B">
<enum>
(3)
</enum>
<header>
Determinations
</header>
<text>
In determining such local levels of performance, the local board, the chief elected official, and the Governor shall ensure such levels are adjusted based on the specific economic characteristics (such as unemployment rates and job losses or gains in particular industries), demographic characteristics, or other characteristics of the population to be served in the local area.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HDA93F105EE044E7785DBA8C84D317164">
<enum>
(3)
</enum>
<text>
in subsection (d)—
</text>
<subparagraph id="H8C4A8D73EF704075AF06379A79B809A5">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="H8EFAAB80DAF34F57A493BDF82DF54594">
<enum>
(i)
</enum>
<text>
by striking
<quote>
127 or
</quote>
;
</text>
</clause>
<clause id="HD96F4FE7D91B463E9EB0C8AA3D907582">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
and the customer satisfaction indicator
</quote>
each place it appears; and
</text>
</clause>
<clause id="H2DBB0C264E8C425EAFE35A34806A896C">
<enum>
(iii)
</enum>
<text>
in the last sentence, by inserting before the period the following:
<quote>
, and on the amount and percentage of the State’s annual allotment under section 132 the State spends on administrative costs and on the amount and percentage of its annual allocation under section 133 each local area in the State spends on administrative costs
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HAB9C30FF297D4F87AC54D38B33D48491">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="H39D3946630C94074A2D66E91BD936638">
<enum>
(i)
</enum>
<text>
by striking subparagraphs (A), (B), and (D);
</text>
</clause>
<clause id="H114F7B1D07F04A2DBB44A9ED03355DCD">
<enum>
(ii)
</enum>
<text>
by redesignating subparagraph (C) as subparagraph (A);
</text>
</clause>
<clause id="HBA039A0210E048C6A976DCF720AA36CB">
<enum>
(iii)
</enum>
<text>
by redesignating subparagraph (E) as subparagraph (B);
</text>
</clause>
<clause id="HA3F971B9D2D14B7280275A3CA73528F9">
<enum>
(iv)
</enum>
<text>
in subparagraph (B), as so redesignated—
</text>
<subclause id="H66DE51ABE9944285A67C49C7CC40515C">
<enum>
(I)
</enum>
<text>
by striking
<quote>
(excluding participants who received only self-service and informational activities)
</quote>
; and
</text>
</subclause>
<subclause id="HE6DF3A46AE824FE2AE825CC28D71F670">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
</clause>
<clause id="H4F3EF09ACA5D41EDACF2ACCD28DA8334">
<enum>
(v)
</enum>
<text display-inline="yes-display-inline">
by striking subparagraph (F);
</text>
</clause>
<clause id="H59B693468E034B4F8504B4117DEE96D5">
<enum>
(vi)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HF013C4F557E64F11924D9A7CE56843FB" style="OLC">
<subparagraph id="HB07DD4FD7BC34879B9A712BB14CDA7BD">
<enum>
(C)
</enum>
<text>
with respect to each local area in the State—
</text>
<clause id="HFD3F604CF4834BC7AEEB0EC730305EEC">
<enum>
(i)
</enum>
<text>
the number of individuals who received work ready services described under section 134(c)(2) and the number of individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, where the individuals received the training, disaggregated by the type of entity that provided the training, and the amount of funds spent on each type of service;
</text>
</clause>
<clause id="HB598D53842FC408BA315C952D2975F4E">
<enum>
(ii)
</enum>
<text>
the number of individuals who successfully exited out of work ready services described under section 134(c)(2) and the number of individuals who exited out of training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and
</text>
</clause>
<clause id="HE1DA045C85614930A4A5D48406D1AAAC">
<enum>
(iii)
</enum>
<text>
the average cost per participant of those individuals who received work ready services described under section 134(c)(2) and the average cost per participant of those individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and
</text>
</clause>
</subparagraph>
<subparagraph id="H787718B0A70C451AA5F57A40D24887E2">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
the amount of funds spent on training services and discretionary one-stop delivery activities, disaggregated by the populations identified in the State and local plans.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H98DC9EFD8DF84907ACB116E1C4B90BC2">
<enum>
(C)
</enum>
<text>
in paragraph (3)(A), by striking
<quote>
through publication
</quote>
and inserting
<quote>
through electronic means
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H676085D54DD94C58A391CEA8B30FA21E">
<enum>
(D)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HC5F380687C6049CEB61095A41F32D385" style="OLC">
<paragraph id="H0D0809C453464D83947D103CDB3764A5">
<enum>
(4)
</enum>
<header>
Data validation
</header>
<text>
In preparing the reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, to ensure the information contained in the report is valid and reliable.
</text>
</paragraph>
<paragraph id="HBFB329894BF24B5986967B49784E220D">
<enum>
(5)
</enum>
<header>
State and local policies
</header>
<subparagraph id="H586410FD097945B19899968F5FD5C33A">
<enum>
(A)
</enum>
<header>
State policies
</header>
<text>
Each State that receives an allotment under section 132 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the State board and make such repository available to the public, including by electronic means.
</text>
</subparagraph>
<subparagraph id="HEF6BBB6928704E5484E819C8C26AAB58">
<enum>
(B)
</enum>
<header>
Local policies
</header>
<text>
Each local area that receives an allotment under section 133 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the local board and make such repository available to the public, including by electronic means.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HBF08367BFB2341509E29F7CF7842B849">
<enum>
(4)
</enum>
<text>
in subsection (g)—
</text>
<subparagraph id="H931786AADAFC4139A831DE9D816A7A36">
<enum>
(A)
</enum>
<text>
in paragraph (1)(A), by striking
<quote>
or (B)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H18FCAB4353274CFDAB31A358B825A76E">
<enum>
(B)
</enum>
<text>
in paragraph (1)(B), by striking
<quote>
may reduce by not more than 5 percent,
</quote>
and inserting
<quote>
shall reduce
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HE0655BB4239A4EBB85EC4EF03A60BD96">
<enum>
(C)
</enum>
<text>
by striking paragraph (2) and inserting the following:
</text>
<quoted-block id="H978757C55C394F07BA0ABA3FF6BB0FB9" style="OLC">
<paragraph id="H2DABB90038D24D919A4ECDF14C2D925E">
<enum>
(2)
</enum>
<header>
Funds resulting from reduced allotments
</header>
<text>
The Secretary shall return to the Treasury the amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HE66CEBF1728A43E7B74E60534300DFC6">
<enum>
(5)
</enum>
<text>
in subsection (h)(1), by striking
<quote>
or (B)
</quote>
;
</text>
</paragraph>
<paragraph id="H4F80EBDA0FA2496D81B9C45A07F10B89">
<enum>
(6)
</enum>
<text>
in subsection (h)(2)—
</text>
<subparagraph id="H59A1E158320040008D170C83A4CD1A04">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by amending the matter preceding clause (i) to read as follows:
</text>
<quoted-block id="HB5CC03AD33EF4142BC06B3B92C037E9D" style="OLC">
<subparagraph id="HE585EC7937624D799A017BAA36C03696">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
If such failure continues for a second consecutive year, the Governor shall take corrective actions, including the development of a reorganization plan. Such plan shall—
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H20B2EFCF8F8D4E2E8C3FE7B6F74FBB2F">
<enum>
(B)
</enum>
<text>
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;
</text>
</subparagraph>
<subparagraph id="H42583C7BB9F141279407CC93CD6E7D2A">
<enum>
(C)
</enum>
<text>
by inserting after subparagraph (A), the following:
</text>
<quoted-block id="H692E4D4CDD924365884B5B732742056E" style="OLC">
<subparagraph id="H2A2A7119A0644EED82FB059C7805CF34">
<enum>
(B)
</enum>
<header>
Reduction in the amount of grant
</header>
<text>
If such failure continues for a third consecutive year, the Governor of a State shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H252714840AA64253AEFD138624E4EF6D">
<enum>
(D)
</enum>
<text>
in subparagraph (C)(i) (as so redesignated), by striking
<quote>
a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan
</quote>
and inserting
<quote>
corrective actions under subparagraphs (A) and (B) may, not later than 30 days after receiving notice of the actions, appeal to the Governor to rescind or revise such actions
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HE83D9DF63A584BD78EEE94235E445980">
<enum>
(E)
</enum>
<text>
in subparagraph (D) (as so redesignated), by striking
<quote>
subparagraph (B)
</quote>
each place it appears and inserting
<quote>
subparagraph (C)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H3E4970A7789D479083C71C49BF4B5479">
<enum>
(7)
</enum>
<text>
in subsection (i)(1)(B), by striking
<quote>
subsection (b)(2)(C)
</quote>
and inserting
<quote>
subsection (b)(2)(B)
</quote>
;
</text>
</paragraph>
<paragraph id="H9D2C08582FE040EC9B9480768C53CED7">
<enum>
(8)
</enum>
<text>
in subsection (i)(1)(C), by striking
<quote>
(b)(3)(A)(vi)
</quote>
and inserting
<quote>
(b)(3)(A)(v)
</quote>
;
</text>
</paragraph>
<paragraph id="HB0E84517B5E64A44A85CDBAB06A7A98A">
<enum>
(9)
</enum>
<text>
in subsection (i)(2), by striking
<quote>
the activities described in section 502 concerning
</quote>
;
</text>
</paragraph>
<paragraph id="H98D8D49856914844AD7F7B36768D8691">
<enum>
(10)
</enum>
<text>
in subsection (i)(3), by striking
<quote>
described in paragraph (1) and in the activities described in section 502
</quote>
and inserting
<quote>
and activities described in this subsection
</quote>
; and
</text>
</paragraph>
<paragraph id="HFA89CF51D2424077A5181EFF6CABDA28">
<enum>
(11)
</enum>
<text>
by adding at the end the following new subsections:
</text>
<quoted-block display-inline="no-display-inline" id="HF67E22E9E3DD478FBDDA2669C29820D7" style="OLC">
<subsection id="HB254B7FCD4E64F579C5F6CB27B461AB5">
<enum>
(j)
</enum>
<header>
Use of core indicators for other programs
</header>
<text>
In addition to the programs carried out under chapter 5, and consistent with the requirements of the applicable authorizing laws, the Secretary shall use the core indicators of performance described in subsection (b)(2)(A) to assess the effectiveness of the programs described under section 121(b)(1)(B) that are carried out by the Secretary.
</text>
</subsection>
<subsection id="HDC7A85D982804E2EB4960860D656E02E">
<enum>
(k)
</enum>
<header>
Establishing pay-for-Performance incentives
</header>
<paragraph id="H50D56E78449A41CF9F8611B69E0A4D77">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
At the discretion of the Governor of a State, a State may establish an incentive system for local boards to implement pay-for-performance contract strategies for the delivery of employment and training services in the local areas served by the local boards.
</text>
</paragraph>
<paragraph id="H9A6DD45126924BBBBD719F19F3B93D23">
<enum>
(2)
</enum>
<header>
Implementation
</header>
<text>
A State that establishes a pay-for-performance incentive system shall reserve not more than 10 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to provide funds to local areas in the State whose local boards have implemented a pay-for-performance contract strategy.
</text>
</paragraph>
<paragraph id="H884C4A23F5034018A723BE194D7FE86D">
<enum>
(3)
</enum>
<header>
Evaluations
</header>
<text>
A State described in paragraph (2) shall use funds reserved by the State under section 133(a)(1) to evaluate the return on investment of pay-for-performance contract strategies implemented by local boards in the State.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HBD9C9BF69B3D47B1B165485950532CDD">
<enum>
115.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
Section 137 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2872">
29 U.S.C. 2872
</external-xref>
) is amended to read as follows:
</text>
<quoted-block id="H64E29AC0D74D48A690F336B3329C9C8E" style="OLC">
<section commented="no" id="H2009E9ADEB264FD7A9939B68908F026A">
<enum>
137.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
There are authorized to be appropriated to carry out the activities described in section 132, $6,245,318,000 for fiscal year 2014 and each of the 6 succeeding fiscal years.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
<subtitle id="H905BCE55B1A14220A37ACCD787586404">
<enum>
C
</enum>
<header>
Job Corps
</header>
<section id="H802255DDFC744A1DBF7731A5C1315331">
<enum>
116.
</enum>
<header>
Job Corps purposes
</header>
<text display-inline="no-display-inline">
Paragraph (1) of section 141 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2881">
29 U.S.C. 2881(1)
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H10706A2AF15D4A8E831EEEABB6047EFA" style="OLC">
<paragraph id="H5C803D4EA3194C7C8BC1D50330CF196F">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
to maintain a national Job Corps program for at-risk youth, carried out in partnership with States and communities, to assist eligible youth to connect to the workforce by providing them with intensive academic, career and technical education, and service-learning opportunities, in residential and nonresidential centers, in order for such youth to obtain regular secondary school diplomas and recognized postsecondary credentials leading to successful careers in in-demand industries that will result in opportunities for advancement;
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H079F141146F343DA957CD82341BC707E">
<enum>
117.
</enum>
<header>
Job Corps definitions
</header>
<text display-inline="no-display-inline">
Section 142 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2882">
29 U.S.C. 2882
</external-xref>
) is amended—
</text>
<paragraph id="H5A1FABFBAE87417D9F589835555D9C92">
<enum>
(1)
</enum>
<text>
in paragraph (2)—
</text>
<subparagraph id="HB725540C95A84265A0EF76D417919296">
<enum>
(A)
</enum>
<text>
in the paragraph heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Applicable one-stop
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
One-stop
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="H244A5E8C95CD4FB3A822ECFD5F14E45F">
<enum>
(B)
</enum>
<text>
by striking
<quote>
applicable
</quote>
;
</text>
</subparagraph>
<subparagraph id="HE5E7C440BE4E4BA68EDCF3798C35BA6F">
<enum>
(C)
</enum>
<text>
by striking
<quote>
customer service
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H6ED90267EF0041ED92F060C9D93CB5F2">
<enum>
(D)
</enum>
<text>
by striking
<quote>
intake
</quote>
and inserting
<quote>
assessment
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H34CF63F1A0144689902ACD4AE3B04674">
<enum>
(2)
</enum>
<text>
in paragraph (4), by striking
<quote>
before completing the requirements
</quote>
and all that follows and inserting
<quote>
prior to becoming a graduate.
</quote>
; and
</text>
</paragraph>
<paragraph id="HAB209A1541DA4323832E8517566A3034">
<enum>
(3)
</enum>
<text>
in paragraph (5), by striking
<quote>
has completed the requirements
</quote>
and all that follows and inserting the following:
<quote>
who, as a result of participation in the Job Corps program, has received a regular secondary school diploma, completed the requirements of a career and technical education and training program, or received, or is making satisfactory progress (as defined under section 484(c) of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1091">
20 U.S.C. 1091(c)
</external-xref>
)) toward receiving, a recognized postsecondary credential, including an industry-recognized credential that prepares individuals for employment leading to economic self-sufficiency.
</quote>
.
</text>
</paragraph>
</section>
<section id="H4AF09166E8C549B6A8BBFE239F1F93B8">
<enum>
118.
</enum>
<header>
Individuals eligible for the Job Corps
</header>
<text display-inline="no-display-inline">
Section 144 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2884">
29 U.S.C. 2884
</external-xref>
) is amended—
</text>
<paragraph id="H22510084A3FB4CA49560537CE26AB39F">
<enum>
(1)
</enum>
<text>
by amending paragraph (1) to read as follows:
</text>
<quoted-block id="H6A42DDBC146C4B4FA4F86D45378954BD" style="OLC">
<paragraph id="H68C735EE54EF43DE98570F6285880BFF">
<enum>
(1)
</enum>
<text>
not less than age 16 and not more than age 24 on the date of enrollment;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H0A032564EE6D483FB0B0B0BB353B4309">
<enum>
(2)
</enum>
<text>
in paragraph (3)(B), by inserting
<quote>
secondary
</quote>
before
<quote>
school
</quote>
; and
</text>
</paragraph>
<paragraph id="H56CEAF74BA1849F686B14D6BACAB5314">
<enum>
(3)
</enum>
<text>
in paragraph (3)(E), by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and technical education and
</quote>
.
</text>
</paragraph>
</section>
<section id="HB1DA91B952B847B099165DC09131A3FE">
<enum>
119.
</enum>
<header>
Recruitment, screening, selection, and assignment of enrollees
</header>
<text display-inline="no-display-inline">
Section 145 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2885">
29 U.S.C. 2885
</external-xref>
) is amended—
</text>
<paragraph id="H3166C97C3AED4AEDB306C809F9ED9D00">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="HB24DAAA3D31045ED8059B6F038FCBA89">
<enum>
(A)
</enum>
<text>
in paragraph (2)(C)(i) by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and technical education and training
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA90769E9C0AA40CBB6DA9894E9E10B2C">
<enum>
(B)
</enum>
<text>
in paragraph (3)—
</text>
<clause id="H48FE95DAB5A740F29804FB15BDA1E711">
<enum>
(i)
</enum>
<text>
by striking
<quote>
To the extent practicable, the
</quote>
and inserting
<quote>
The
</quote>
;
</text>
</clause>
<clause id="H32F2F05F076E44628C9136C124A85685">
<enum>
(ii)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="H1B1BAF83D5D94318A63C18AD628EC631">
<enum>
(I)
</enum>
<text>
by striking
<quote>
applicable
</quote>
; and
</text>
</subclause>
<subclause id="H08F3C2477B474BE6A699D736D2EB31CC">
<enum>
(II)
</enum>
<text>
by inserting
<quote>
and
</quote>
after the semicolon;
</text>
</subclause>
</clause>
<clause id="HDAD305619E8540B681D32F4D1328C60A">
<enum>
(iii)
</enum>
<text>
by striking subparagraphs (B) and (C); and
</text>
</clause>
<clause id="H03832A3F7B534D98BFE1963FD2420D60">
<enum>
(iv)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HD2B67EECAD6A4C679D7AD6010B2E5712" style="OLC">
<subparagraph id="HF5A4ADECCFCC40899A42D01D3BBE7EBE">
<enum>
(B)
</enum>
<text>
organizations that have a demonstrated record of effectiveness in placing at-risk youth into employment.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HE162773B4F824EA9BC807D4DE4EA4564">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="H5A0590DA548940118E33E5A58AE82099">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="HBA1674669FD84D0897E9FF8F2AB2F1AB">
<enum>
(i)
</enum>
<text>
in subparagraph (B), by inserting
<quote>
and agrees to such rules
</quote>
after
<quote>
failure to observe the rules
</quote>
; and
</text>
</clause>
<clause id="H5D86D8BE6F6841E7ACE89AFBF3737268">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
by amending subparagraph (C) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HEA49DD22ED3247DD930F75B0E3B140F4" style="OLC">
<subparagraph id="H2A2E94CDE7554C62B3E6BDE1A056C74C">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the individual has passed a background check conducted in accordance with procedures established by the Secretary, which shall include—
</text>
<clause id="H89C68FF547D84F0C8432D69D7E7822D4">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
a search of the State criminal registry or repository in the State where the individual resides and each State where the individual previously resided;
</text>
</clause>
<clause id="HD56E2B07F0DF44F3835326D0C3484ACC">
<enum>
(ii)
</enum>
<text>
a search of State-based child abuse and neglect registries and databases in the State where the individual resides and each State where the individual previously resided;
</text>
</clause>
<clause id="H3C29F550DD114877B5DBBF80D9F95162">
<enum>
(iii)
</enum>
<text>
a search of the National Crime Information Center;
</text>
</clause>
<clause id="H778836BE0E8D4E9C875B1120A3F55904">
<enum>
(iv)
</enum>
<text>
a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and
</text>
</clause>
<clause id="H01E565EB70124AD29294B27E1D141DDC">
<enum>
(v)
</enum>
<text>
a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/42/16901">
42 U.S.C. 16901 et seq.
</external-xref>
).
</text>
</clause>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H6C6B3AEAEFF64182AE0929F45B3D3971">
<enum>
(B)
</enum>
<text>
by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HFDB625AC1121432C8BFBAA90B788FBF4" style="OLC">
<paragraph id="HA9C521FDBFFE481A9A6E346EE419F7DC">
<enum>
(3)
</enum>
<header>
Individuals convicted of a crime
</header>
<text display-inline="yes-display-inline">
An individual shall be ineligible for enrollment if the individual—
</text>
<subparagraph id="HF0833418601F4D689C1CCFE5AD205F94">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
makes a false statement in connection with the criminal background check described in paragraph (1)(C);
</text>
</subparagraph>
<subparagraph id="H5883114871B24E629FBB0F0B7D586746">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
is registered or is required to be registered on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/42/16901">
42 U.S.C. 16901 et seq.
</external-xref>
); or
</text>
</subparagraph>
<subparagraph id="HEB461E1B7B9B470D8E0A096D0AC0AD2F">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
has been convicted of a felony consisting of—
</text>
<clause id="HB8746FCD18504AC18CE32850240B90F0">
<enum>
(i)
</enum>
<text>
homicide;
</text>
</clause>
<clause id="H462DBAB6470840418DB025A209B454BB">
<enum>
(ii)
</enum>
<text>
child abuse or neglect;
</text>
</clause>
<clause id="H9C1CFD4EF30943909DC9415FB1302426">
<enum>
(iii)
</enum>
<text>
a crime against children, including child pornography;
</text>
</clause>
<clause id="HA365D4EA3DF44FBE800022A18179DB5F">
<enum>
(iv)
</enum>
<text>
a crime involving rape or sexual assault; or
</text>
</clause>
<clause id="HC2E2FF2F1BFF40F58405A5065B715120">
<enum>
(v)
</enum>
<text>
physical assault, battery, or a drug-related offense, committed within the past 5 years.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HB67CAC304DA04CDC871120C055D8B7FB">
<enum>
(3)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="H6C897E5BB6134C4FBFD7F18202910756">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="H936FED185D79471C8DD0F0000EB133C7">
<enum>
(i)
</enum>
<text>
by striking
<quote>
2 years
</quote>
and inserting
<quote>
year
</quote>
; and
</text>
</clause>
<clause id="H8293B9BAA4484AEAB6F00F7E5968D487">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
an assignment
</quote>
and inserting
<quote>
a
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H3FEE4F5AE7D64E5B84389C9BD98FE545">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="HF197E9499CA8488CB0EE0423E31B5152">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
, every 2 years,
</quote>
;
</text>
</clause>
<clause id="H2E6585176E724104A848667E0D647BBD">
<enum>
(ii)
</enum>
<text>
in subparagraph (B), by striking
<quote>
and
</quote>
at the end; and
</text>
</clause>
<clause id="H723A6C61337349B4B37B3AD497316777">
<enum>
(iii)
</enum>
<text>
in subparagraph (C)—
</text>
<subclause id="HE5453AD60F05427BA4D671C653CE61F4">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
the education and training
</quote>
after
<quote>
including
</quote>
; and
</text>
</subclause>
<subclause id="HFE29D2E2EB124F3CB60C2D523B6FBF7F">
<enum>
(II)
</enum>
<text>
by striking the period at the end and inserting
<quote>
; and
</quote>
; and
</text>
</subclause>
</clause>
<clause display-inline="no-display-inline" id="HABE2F4ACFBEA4A26825B3F661553DE4B">
<enum>
(iv)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HA0FA4BFF8FA943559274D2DC5CD7F784" style="OLC">
<subparagraph id="HE1DE9374D8E34D148C17491EFA6FF79E">
<enum>
(D)
</enum>
<text>
the performance of the Job Corps center relating to the indicators described in paragraphs (1) and (2) in section 159(c), and whether any actions have been taken with respect to such center pursuant to section 159(f).
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H5340CDD765EB4AEE8FC5F96DD47995EE">
<enum>
(4)
</enum>
<text>
in subsection (d)—
</text>
<subparagraph id="H85EE0732D46245B8A8B863090274EE8B">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="HAA2B96238C7540BF8FB4C7C124F3F8E2">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
is closest to the home of the enrollee, except that the
</quote>
and inserting
<quote>
offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The
</quote>
;
</text>
</clause>
<clause id="H97065A3CFF624985AC15FE86B291A6E8">
<enum>
(ii)
</enum>
<text>
by striking subparagraph (A); and
</text>
</clause>
<clause id="H45BD1DBAF1EF4895BF78C3FAF11F008A">
<enum>
(iii)
</enum>
<text>
by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H430C8C3C43E54CF19330CF72AD690E29">
<enum>
(B)
</enum>
<text>
in paragraph (2), by inserting
<quote>
that offers the career and technical education and training desired by
</quote>
after
<quote>
home of the enrollee
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H6945825793DE4BF99235CD1BC3A4E42E">
<enum>
120.
</enum>
<header>
Job Corps centers
</header>
<text display-inline="no-display-inline">
Section 147 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2887">
29 U.S.C. 2887
</external-xref>
) is amended—
</text>
<paragraph id="HB11B3E39D681428F84BD12B84DE7234B">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="H2DFA908E68104FC3B05814C2AB646496">
<enum>
(A)
</enum>
<text>
in paragraph (1)(A), by striking
<quote>
vocational
</quote>
both places it appears and inserting
<quote>
career and technical
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H4EB1098F9F954CEE8F102A03FA43DEC8">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="HC62B9D62F2ED44BC9F13B7C9D8EEB0D7">
<enum>
(i)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="HD36D1BC9BB6344CF900A265619774756">
<enum>
(I)
</enum>
<text>
by striking
<quote>
subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 (
<external-xref legal-doc="usc" parsable-cite="usc/41/253">
41 U.S.C. 253
</external-xref>
)
</quote>
and inserting
<quote>
subsections (a) and (b) of
<external-xref legal-doc="usc" parsable-cite="usc/41/3304">
section 3304
</external-xref>
of title 41, United States Code
</quote>
; and
</text>
</subclause>
<subclause id="H1487DA85883E4E0780AE20D06B038CD9">
<enum>
(II)
</enum>
<text>
by striking
<quote>
industry council
</quote>
and inserting
<quote>
workforce council
</quote>
;
</text>
</subclause>
</clause>
<clause id="H4985B0E48A1B45AE885A077CF3A41642">
<enum>
(ii)
</enum>
<text>
in subparagraph (B)(i)—
</text>
<subclause id="HC628D6EE986C4190A3358A99F7CAE834">
<enum>
(I)
</enum>
<text>
by amending subclause (II) to read as follows:
</text>
<quoted-block id="H7654DD346F7241CEBD97A151296C9C51" style="OLC">
<subclause id="HE297DF2087F645D38D5C830C53D8A0A0">
<enum>
(II)
</enum>
<text>
the ability of the entity to offer career and technical education and training that the workforce council proposes under section 154(c);
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H10ACEEBCD10441CC8B9189A049977F18">
<enum>
(II)
</enum>
<text>
in subclause (III), by striking
<quote>
is familiar with the surrounding communities, applicable
</quote>
and inserting
<quote>
demonstrates relationships with the surrounding communities, employers, workforce boards,
</quote>
and by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
<subclause id="H1A1F7C32738948A0A77198FADF3CF0D3">
<enum>
(III)
</enum>
<text>
by amending subclause (IV) to read as follows:
</text>
<quoted-block id="H0C0C81FD9A5144D5BEAB42F0C8AD3DC4" style="OLC">
<subclause id="H8B0825FAC120466794CB2F793949F526">
<enum>
(IV)
</enum>
<text>
the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity’s demonstrated effectiveness in assisting individuals in achieving the primary and secondary indicators of performance described in paragraphs (1) and (2) of section 159(c); and
</text>
</subclause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="HCFCC25303114448691323D367498563F">
<enum>
(IV)
</enum>
<text>
by adding at the end the following new subclause:
</text>
<quoted-block id="HEB5EEE90622E4059A22CF90F08D3E7FB" style="OLC">
<subclause id="H41B2AB57EBB940DC9E6E8D4C26178589">
<enum>
(V)
</enum>
<text>
the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including by providing them with intensive academic, and career and technical education and training.
</text>
</subclause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="HF80235323C7044499F4660DCC9EA3362">
<enum>
(iii)
</enum>
<text>
in subparagraph (B)(ii), by striking
<quote>
, as appropriate
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HB3C83349240241A9846A4B14177BA626">
<enum>
(2)
</enum>
<text>
in subsection (b), by striking
<quote>
In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps.
</quote>
;
</text>
</paragraph>
<paragraph id="HE5E593B71A2F428E86F6BE99B259D3C9">
<enum>
(3)
</enum>
<text>
by amending subsection (c) to read as follows:
</text>
<quoted-block id="H0174648055644D51B7352587914128C4" style="OLC">
<subsection id="H1E40732EB0F941F28551467503C49FB2">
<enum>
(c)
</enum>
<header>
Civilian conservation centers
</header>
<paragraph id="H025025A4EF7D429E887A69EAD8C703E1">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall adhere to all the provisions of this subtitle, and shall provide, in addition to education, career and technical education and training, and workforce preparation skills training described in section 148, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest.
</text>
</paragraph>
<paragraph id="H5010520127D34FBEA367C1B8B92B1457">
<enum>
(2)
</enum>
<header>
Selection process
</header>
<text>
The Secretary shall select an entity that submits an application under subsection (d) to operate a Civilian Conservation Center on a competitive basis, as provided in subsection (a).
</text>
</paragraph>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H05C5252CE0284ECBB4D467DB4B74037F">
<enum>
(4)
</enum>
<text>
by striking subsection (d) and inserting the following:
</text>
<quoted-block id="H4BB4FDBB3C0A4EE9B78C72FF8B2DBCB1" style="OLC">
<subsection id="H06B8CDB4401940F4B6CFB822048FF230">
<enum>
(d)
</enum>
<header>
Application
</header>
<text>
To be eligible to operate a Job Corps center under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including—
</text>
<paragraph id="H43EF122F9F9E4D96A8EDBFC01141DB4C">
<enum>
(1)
</enum>
<text>
a description of the program activities that will be offered at the center, including how the career and technical education and training reflect State and local employment opportunities, including in in-demand industries;
</text>
</paragraph>
<paragraph id="H203D61A22F344022A503DC0714F3CAA8">
<enum>
(2)
</enum>
<text>
a description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment upon completion of the program;
</text>
</paragraph>
<paragraph id="H734A284949A94C60B3AE288E2C1F61FA">
<enum>
(3)
</enum>
<text>
a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment, including past performance of operating a Job Corps center under this subtitle;
</text>
</paragraph>
<paragraph id="H720DC4B0C3934675BB658F6C5D6DB173">
<enum>
(4)
</enum>
<text>
a description of the relationships that the entity has developed with State and local workforce boards, employers, State and local educational agencies, and the surrounding communities in an effort to promote a comprehensive statewide workforce investment system;
</text>
</paragraph>
<paragraph id="HBF5894F6454E4BE88DEB6BFF0DE822C3">
<enum>
(5)
</enum>
<text>
a description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a);
</text>
</paragraph>
<paragraph id="H3DD49120C04E41C4A1E97B530EFCEEDF">
<enum>
(6)
</enum>
<text>
a description of the strategies and policies the entity will utilize to reduce participant costs;
</text>
</paragraph>
<paragraph id="H70EE0CD9EE89486F9365969CBA2F8D3A">
<enum>
(7)
</enum>
<text>
a description of the steps taken to control costs in accordance with section 159(a)(3);
</text>
</paragraph>
<paragraph id="HCB9AB21B877E4E428D71E2EE6A55569B">
<enum>
(8)
</enum>
<text>
a detailed budget of the activities that will be supported using funds under this subtitle;
</text>
</paragraph>
<paragraph id="HF6808E6FD3104DFE87FD052DEC6F4F63">
<enum>
(9)
</enum>
<text>
a detailed budget of the activities that will be supported using funds from non-Federal resources;
</text>
</paragraph>
<paragraph id="HDF88DDAB91ED41E89CD8D2172AD28EE2">
<enum>
(10)
</enum>
<text>
an assurance the entity will comply with the administrative cost limitation included in section 151(c);
</text>
</paragraph>
<paragraph id="HB7C429E2C9CD4377AF4FB68B2FF61D67">
<enum>
(11)
</enum>
<text>
an assurance the entity is licensed to operate in the State in which the center is located; and
</text>
</paragraph>
<paragraph id="H590C9285D1E241B89E6E3FF4CA5268A7">
<enum>
(12)
</enum>
<text>
an assurance the entity will comply with and meet basic health and safety codes, including those measures described in section 152(b).
</text>
</paragraph>
</subsection>
<subsection id="HC9D5DD77B07E45B6A031EFCA0D3EE8F7">
<enum>
(e)
</enum>
<header>
Length of agreement
</header>
<text>
The agreement described in subsection (a)(1)(A) shall be for not longer than a 2-year period. The Secretary may renew the agreement for 3 one-year periods if the entity meets the requirements of subsection (f).
</text>
</subsection>
<subsection id="HD6E05F2843BB48AC9296C0CE5C95F816">
<enum>
(f)
</enum>
<header>
Renewal
</header>
<paragraph id="HD86160B56592438392F49B095A980E96">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Subject to paragraph (2), the Secretary may renew the terms of an agreement described in subsection (a)(1)(A) for an entity to operate a Job Corps center if the center meets or exceeds each of the indicators of performance described in section 159(c)(1).
</text>
</paragraph>
<paragraph id="HC2AC255CCBAD4CC199BA808C659A05C0">
<enum>
(2)
</enum>
<header>
Recompetition
</header>
<subparagraph id="H6B9D8DD4BD034EF8B731CDBEEFDE03D6">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Notwithstanding paragraph (1), the Secretary shall not renew the terms of the agreement for an entity to operate a Job Corps center if such center is ranked in the bottom quintile of centers described in section 159(f)(2) for any program year. Such entity may submit a new application under subsection (d) only if such center has shown significant improvement on the indicators of performance described in section 159(c)(1) over the last program year.
</text>
</subparagraph>
<subparagraph id="H102D9F05E010443D871CADDC1F50CDE8">
<enum>
(B)
</enum>
<header>
Violations
</header>
<text>
The Secretary shall not select an entity to operate a Job Corps center if such entity or such center has been found to have a systemic or substantial material failure that involves—
</text>
<clause id="H3469148F6707447F9164D6EBC5E3B6B3">
<enum>
(i)
</enum>
<text>
a threat to the health, safety, or civil rights of program participants or staff;
</text>
</clause>
<clause id="H99B74C0F1D0849BDA0A62055D94BAF58">
<enum>
(ii)
</enum>
<text>
the misuse of funds received under this subtitle;
</text>
</clause>
<clause id="HBC9C987F2BD245468AC372F98A97C8CB">
<enum>
(iii)
</enum>
<text>
loss of legal status or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds;
</text>
</clause>
<clause id="H55C63CB0BDC74DD98989607AB17A2E0D">
<enum>
(iv)
</enum>
<text>
failure to meet any other Federal or State requirement that the entity has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified; or
</text>
</clause>
<clause id="HAD5DACBDB3654BCA88C7510DFDA4B6F2">
<enum>
(v)
</enum>
<text>
an unresolved area of noncompliance.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HC84E701EA11F4F59B832E02E7DAC6C92">
<enum>
(g)
</enum>
<header>
Current grantees
</header>
<text display-inline="yes-display-inline">
Not later than 60 days after the date of enactment of the SKILLS Act and notwithstanding any previous grant award or renewals of such award under this subtitle, the Secretary shall require all entities operating a Job Corps center under this subtitle to submit an application under subsection (d) to carry out the requirements of this section.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HDB9946120D6C4B9AAF88759F6DA7FE79">
<enum>
121.
</enum>
<header>
Program activities
</header>
<text display-inline="no-display-inline">
Section 148 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2888">
29 U.S.C. 2888
</external-xref>
) is amended—
</text>
<paragraph id="H42AFDF59B2A64C7DBC711A196691F730">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by amending subsection (a) to read as follows:
</text>
<quoted-block id="HC8496EC8EC9848C7B4A36C796885F4BA" style="OLC">
<subsection id="HA084B9D66B5741C99BFA2BEA4DEF6F16">
<enum>
(a)
</enum>
<header>
Activities provided through job corps centers
</header>
<paragraph id="H2A6824D8FA8C4195B35E2B42A4B1689A">
<enum>
(1)
</enum>
<header>
In General
</header>
<text>
Each Job Corps center shall provide enrollees with an intensive, well-organized, and supervised program of education, career, and technical education and training, work experience, recreational activities, physical rehabilitation and development, and counseling. Each Job Corps center shall provide enrollees assigned to the center with access to work-ready services described in section 134(c)(2).
</text>
</paragraph>
<paragraph id="H3EA55A6F4C644EDF824DA7C11751CD8A">
<enum>
(2)
</enum>
<header>
Relationship to opportunities
</header>
<subparagraph id="H032459B6E46140FF803C2B7ACC2DA1CA">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment—
</text>
<clause id="H30B0BD3868CE42F6A5B311F196492DF5">
<enum>
(i)
</enum>
<text>
secure and maintain meaningful unsubsidized employment;
</text>
</clause>
<clause id="H013A87EEB45F4C83AD0300A4EBC5256E">
<enum>
(ii)
</enum>
<text>
complete secondary education and obtain a regular secondary school diploma;
</text>
</clause>
<clause id="H7F7EC89DBBFC4798931F8285895FDE48">
<enum>
(iii)
</enum>
<text>
enroll in and complete postsecondary education or training programs, including obtaining recognized postsecondary credentials, industry-recognized credentials, and registered apprenticeships; or
</text>
</clause>
<clause id="HFB6775561F4C439CB4C09A0FFED79894">
<enum>
(iv)
</enum>
<text>
satisfy Armed Forces requirements.
</text>
</clause>
</subparagraph>
<subparagraph id="HEF6E78C33AC3496C80ED4D4936B76B67">
<enum>
(B)
</enum>
<header>
Link to employment opportunities
</header>
<text>
The career and technical education and training provided shall be linked to the employment opportunities in in-demand industries in the State in which the Job Corps center is located.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H7322A3B7577949B4B61005B795B39E85">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="H20B015AF55E44D878136951BECD730AB">
<enum>
(A)
</enum>
<text>
in the subsection heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
Education and Vocational
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
Academic and Career and Technical Education and
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="H93EE514E277A40378892DAA987AC0923">
<enum>
(B)
</enum>
<text>
by striking
<quote>
may
</quote>
after
<quote>
The Secretary
</quote>
and inserting
<quote>
shall
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HFA2C4ACDF6B845B4AF6D933253C59430">
<enum>
(C)
</enum>
<text>
by striking
<quote>
vocational
</quote>
each place it appears and inserting
<quote>
career and technical
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H8908A4DF00CF4C458A006ABBAF915FCF">
<enum>
(3)
</enum>
<text>
by amending paragraph (3) of subsection (c) to read as follows:
</text>
<quoted-block id="H6594009B7EA04B68B0D8C5AE1327EA70" style="OLC">
<paragraph id="HBC6F925F2E4647AB9ADA50AE21D357CB">
<enum>
(3)
</enum>
<header>
Demonstration
</header>
<text>
Each year, any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that—
</text>
<subparagraph id="H6470844EEA64419AB9E7DB52056185C7">
<enum>
(A)
</enum>
<text>
participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and
</text>
</subparagraph>
<subparagraph id="HD335C862EBF244D5B8C1F3C4D1E59704">
<enum>
(B)
</enum>
<text>
such operator has met or exceeded the indicators of performance described in paragraphs (1) and (2) of section 159(c) for the previous year.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H5B332AD6DC6C4C14B003AD5CFE191314">
<enum>
122.
</enum>
<header>
Counseling and job placement
</header>
<text display-inline="no-display-inline">
Section 149 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2889">
29 U.S.C. 2889
</external-xref>
) is amended—
</text>
<paragraph id="H06FA7ECD2FD2464D9CFF1FA24BF07A3D">
<enum>
(1)
</enum>
<text>
in subsection (a), by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and technical education and
</quote>
;
</text>
</paragraph>
<paragraph id="H8E23583976E648AFA6F9A68BE998F152">
<enum>
(2)
</enum>
<text>
in subsection (b), by striking
<quote>
make every effort to arrange to
</quote>
; and
</text>
</paragraph>
<paragraph id="HFAC8DA3DE3C842BE86A1DB61DB76ED25">
<enum>
(3)
</enum>
<text>
by striking subsection (d).
</text>
</paragraph>
</section>
<section id="HC544420390AB4A6BB14E70C9ED143132">
<enum>
123.
</enum>
<header>
Support
</header>
<text display-inline="no-display-inline">
Subsection (b) of section 150 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2890">
29 U.S.C. 2890
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H149074C47FFC449D9E7DC902A159F4BB" style="OLC">
<subsection id="H5A69DFF356114D089DEB787849245781">
<enum>
(b)
</enum>
<header>
Transition allowances and support for graduates
</header>
<text display-inline="yes-display-inline">
The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of a recognized postsecondary credential, including an industry-recognized credential.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HE2D9D8C81AF949E4881F59913160B5DA">
<enum>
124.
</enum>
<header>
Operations
</header>
<text display-inline="no-display-inline">
Section 151 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2891">
29 U.S.C. 2891
</external-xref>
) is amended—
</text>
<paragraph id="H5A78524EB04F46DCA8495382E2232563">
<enum>
(1)
</enum>
<text>
in the header, by striking
<quote>
<header-in-text level="section" style="OLC">
Operating plan
</header-in-text>
.
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
Operations
</header-in-text>
.
</quote>
;
</text>
</paragraph>
<paragraph id="H8E308FD72723475AB98925844A4BFC1C">
<enum>
(2)
</enum>
<text>
in subsection (a), by striking
<quote>
<header-in-text level="subsection" style="OLC">
In General.
</header-in-text>
—
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
Operating Plan.
</header-in-text>
—
</quote>
;
</text>
</paragraph>
<paragraph id="H05A7557BF20E4699A6AF2B34EA21DA35">
<enum>
(3)
</enum>
<text>
by striking subsection (b) and redesignating subsection (c) as subsection (b);
</text>
</paragraph>
<paragraph id="HE03139E8C3B146B4800CE99D3258CD88">
<enum>
(4)
</enum>
<text>
by amending subsection (b) (as so redesignated)—
</text>
<subparagraph id="HC0BA9D8E95E041F78F76B16DD568E32D">
<enum>
(A)
</enum>
<text>
in the heading by inserting
<quote>
<header-in-text level="subsection" style="OLC">
of Operating Plan
</header-in-text>
</quote>
after
<quote>
<header-in-text level="subsection" style="OLC">
Availability
</header-in-text>
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H3F293589579C4E049603EB938F47AC1A">
<enum>
(B)
</enum>
<text>
by striking
<quote>
subsections (a) and (b)
</quote>
and inserting
<quote>
subsection (a)
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HA4B3FA0B09CE493E87483E714AA5642B">
<enum>
(5)
</enum>
<text>
by adding at the end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="HCA61A0B430D647CAAAD50864655DFD3F" style="OLC">
<subsection id="HAF4A1645F7604395A6D0AD70AEA2514F">
<enum>
(c)
</enum>
<header>
Administrative costs
</header>
<text display-inline="yes-display-inline">
Not more than 10 percent of the funds allotted under section 147 to an entity selected to operate a Job Corps center may be used by the entity for administrative costs under this subtitle.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H74A4CE9015404D429629E5CF3056C8EC">
<enum>
125.
</enum>
<header>
Community participation
</header>
<text display-inline="no-display-inline">
Section 153 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2893">
29 U.S.C. 2893
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H8AED74D4DE69480E8473D77C538F0891" style="OLC">
<section id="H089088EDBEF44FEA85DF172953D3B59D">
<enum>
153.
</enum>
<header>
Community participation
</header>
<text display-inline="no-display-inline">
The director of each Job Corps center shall encourage and cooperate in activities to establish a mutually beneficial relationship between Job Corps centers in the State and nearby communities. Such activities may include the use of any local workforce development boards established under section 117 to provide a mechanism for joint discussion of common problems and for planning programs of mutual interest.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H42954E70808D489392B608940C107896">
<enum>
126.
</enum>
<header>
Workforce councils
</header>
<text display-inline="no-display-inline">
Section 154 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2894">
29 U.S.C. 2894
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H27075EF8CAA04C87956437A1A94FA583" style="OLC">
<section id="H55A3441C59F5472DA3F3120884889629">
<enum>
154.
</enum>
<header>
Workforce councils
</header>
<subsection id="HB8BFC67E41134B28ACE9DBE5A367B37F">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Each Job Corps center shall have a workforce council appointed by the Governor of the State in which the Job Corps center is located.
</text>
</subsection>
<subsection id="H5905B1DCBB3A4BDE9F735A9F0F3CDA7B">
<enum>
(b)
</enum>
<header>
Workforce council composition
</header>
<paragraph id="HBEDCAA5951B84CA8B23437A4E5099A5D">
<enum>
(1)
</enum>
<header>
In General
</header>
<text>
A workforce council shall be comprised of—
</text>
<subparagraph id="HC46D971DE70845C6B210469763F761D1">
<enum>
(A)
</enum>
<text>
business members of the State board described in section 111(b)(1)(B)(i);
</text>
</subparagraph>
<subparagraph id="HD5285C4244144027B1F1374E1D454363">
<enum>
(B)
</enum>
<text>
business members of the local boards described in section 117(b)(2)(A) located in the State;
</text>
</subparagraph>
<subparagraph id="H8283695DBF124941AA9C6E4D5A732900">
<enum>
(C)
</enum>
<text>
a representative of the State board described in section 111(f); and
</text>
</subparagraph>
<subparagraph id="HD11644824962496FA2F52001B53AF0AC">
<enum>
(D)
</enum>
<text>
such other representatives and State agency officials as the Governor may designate.
</text>
</subparagraph>
</paragraph>
<paragraph id="HC8FBE223B88E47A2B3BD6AC112B13E04">
<enum>
(2)
</enum>
<header>
Majority
</header>
<text>
A
<fraction>
2/3
</fraction>
majority of the members of the workforce council shall be representatives described in paragraph (1)(A).
</text>
</paragraph>
</subsection>
<subsection id="HD1B1881344DA4CED8F0F3B4E6FB35B0D">
<enum>
(c)
</enum>
<header>
Responsibilities
</header>
<text>
The responsibilities of the workforce council shall be—
</text>
<paragraph id="H266A386F97E4407C9BB3BCB42567F97D">
<enum>
(1)
</enum>
<text>
to review all the relevant labor market information, including related information in the State plan described in section 112, to—
</text>
<subparagraph id="H7E8E58C8A9344868992C20E9BEE39B83">
<enum>
(A)
</enum>
<text>
determine the in-demand industries in the State in which enrollees intend to seek employment after graduation;
</text>
</subparagraph>
<subparagraph id="H87AE4534163441C794B22352C53B14D5">
<enum>
(B)
</enum>
<text>
determine the skills and education that are necessary to obtain the employment opportunities described in subparagraph (A); and
</text>
</subparagraph>
<subparagraph id="HEE130BF72E4845C6B3CCC912DF20257C">
<enum>
(C)
</enum>
<text>
determine the type or types of career and technical education and training that will be implemented at the center to enable the enrollees to obtain the employment opportunities; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HDE027EFDEC59432CB4B3384D96B48A65">
<enum>
(2)
</enum>
<text>
to meet at least once a year to reevaluate the labor market information, and other relevant information, to determine any necessary changes in the career and technical education and training provided at the center.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section display-inline="no-display-inline" id="HF143C280E4DF4F1681A991BA65CC5B99">
<enum>
127.
</enum>
<header>
Technical assistance
</header>
<text display-inline="no-display-inline">
Section 156 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2896">
29 U.S.C. 2896
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H16713F0BFCEE445895821CC39E8E962C" style="OLC">
<section id="HE777725EB228463B9C5E63A24EC2C050">
<enum>
156.
</enum>
<header>
Technical assistance to centers
</header>
<subsection id="HCCD731456C7E4D5CBA131612F6748CBA">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
From the funds reserved under section 132(a)(3), the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for the Job Corps program for the purposes of improving program quality.
</text>
</subsection>
<subsection id="H9DE5A5C30FA9460591FD6E0323573DCE">
<enum>
(b)
</enum>
<header>
Activities
</header>
<text>
In providing training and technical assistance and for allocating resources for such assistance, the Secretary shall—
</text>
<paragraph id="H1C20D81C3C4642CA870D62CE298CF229">
<enum>
(1)
</enum>
<text>
assist entities, including those entities not currently operating a Job Corps center, in developing the application described in section 147(d);
</text>
</paragraph>
<paragraph id="HA903581BB74D4AB8B7A054511DEABD5B">
<enum>
(2)
</enum>
<text>
assist Job Corps centers and programs in correcting deficiencies and violations under this subtitle;
</text>
</paragraph>
<paragraph id="HB90D019F54D44BFCA02EC40B1F917A10">
<enum>
(3)
</enum>
<text>
assist Job Corps centers and programs in meeting or exceeding the indicators of performance described in paragraph (1) and (2) of section 159(c); and
</text>
</paragraph>
<paragraph id="HC5CE728AEDCB453C8D1B2AED873447AD">
<enum>
(4)
</enum>
<text>
assist Job Corps centers and programs in the development of sound management practices, including financial management procedures.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H6D43892D9C674F38AA676427D008E323">
<enum>
128.
</enum>
<header>
Special provisions
</header>
<text display-inline="no-display-inline">
Section 158(c)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/29/2989">
29 U.S.C. 2989(c)(1)
</external-xref>
) is amended by striking
<quote>
title II of the Federal Property and Administrative Services Act of 1949 (
<external-xref legal-doc="usc" parsable-cite="usc/40/481">
40 U.S.C. 481 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
chapter of 5 title 40, United States Code,
</quote>
.
</text>
</section>
<section id="H82B43D0F04D5409F88956FD22CD3F703">
<enum>
129.
</enum>
<header>
Performance accountability management
</header>
<text display-inline="no-display-inline">
Section 159 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2899">
29 U.S.C. 2899
</external-xref>
) is amended—
</text>
<paragraph id="H295FF7E6F90C4223ACFD3D498F527E0A">
<enum>
(1)
</enum>
<text>
in the section heading, by striking
<quote>
<header-in-text level="section" style="OLC">
Management Information
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
Performance Accountability and Management
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="HDB0290087B984BD0AD011D68322FB058">
<enum>
(2)
</enum>
<text>
in subsection (a)(3), by inserting before the period at the end the following:
<quote>
, or operating costs for such centers result in a budgetary shortfall
</quote>
;
</text>
</paragraph>
<paragraph id="H4EFC03BDC0224112A1B967B13628E5C3">
<enum>
(3)
</enum>
<text>
by striking subsections (c) through (g); and
</text>
</paragraph>
<paragraph id="HE8CDA01E48C14C6CA8E12CF4DDF4AE7D">
<enum>
(4)
</enum>
<text>
by inserting after subsection (b) the following:
</text>
<quoted-block id="H289D73CC8B534E2386349BD5AACAE4ED" style="OLC">
<subsection id="H158B615C79E14D1C9F708D3D562CAAF1">
<enum>
(c)
</enum>
<header>
Indicators of Performance
</header>
<paragraph id="H64A0FE7A465149F7824645CACD8F3020">
<enum>
(1)
</enum>
<header>
Primary indicators
</header>
<text>
The annual primary indicators of performance for Job Corps centers shall include—
</text>
<subparagraph id="H5B44CA84041C40F48DA9B617A93BFB04">
<enum>
(A)
</enum>
<text>
the percentage and number of enrollees who graduate from the Job Corps center;
</text>
</subparagraph>
<subparagraph id="H33FB01A8564E4605AF1D8EAEA3B2B8A9">
<enum>
(B)
</enum>
<text>
the percentage and number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps center, except that such calculation shall not include enrollment in education, the military or volunteer service;
</text>
</subparagraph>
<subparagraph id="H9B35268BDF9E454CBFB83078E7B20F3D">
<enum>
(C)
</enum>
<text>
the percentage and number of graduates who obtained a recognized postsecondary credential, including an industry-recognized credential or a registered apprenticeship; and
</text>
</subparagraph>
<subparagraph id="H8EC947512F0948BF93FCA57256D96621">
<enum>
(D)
</enum>
<text>
the cost per successful performance outcome, which is calculated by comparing the number of graduates who were placed in unsubsidized employment or obtained a recognized credential, including an industry-recognized credential, to total program costs, including all operations, construction, and administration costs at each Job Corp center.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1F1507272C0046E8AF4038C6D914A547">
<enum>
(2)
</enum>
<header>
Secondary indicators
</header>
<text>
The annual secondary indicators of performance for Job Corps centers shall include—
</text>
<subparagraph id="H812173B919B04B00BD34126CFC10F739">
<enum>
(A)
</enum>
<text>
the percentage and number of graduates who entered unsubsidized employment not related to the career and technical education and training received through the Job Corps center;
</text>
</subparagraph>
<subparagraph id="HAF20A179EDB44134B95789F4943E293A">
<enum>
(B)
</enum>
<text>
the percentage and number of graduates who entered into postsecondary education;
</text>
</subparagraph>
<subparagraph id="H64A6D3937983476ABEE877580FA451E6">
<enum>
(C)
</enum>
<text>
the percentage and number of graduates who entered into the military;
</text>
</subparagraph>
<subparagraph id="H9C9D61F01E4E4A3B915A27CF2909707B">
<enum>
(D)
</enum>
<text>
the average wage of graduates who are in unsubsidized employment—
</text>
<clause id="HAB48D7551C3748538221ECF31B700FB7">
<enum>
(i)
</enum>
<text>
on the first day of employment; and
</text>
</clause>
<clause id="HEACE532BB89F4C98AF64AB1527CC3832">
<enum>
(ii)
</enum>
<text>
6 months after the first day;
</text>
</clause>
</subparagraph>
<subparagraph id="H7F6786C8468043BEB51C17783088AA7F">
<enum>
(E)
</enum>
<text>
the number and percentage of graduates who entered unsubsidized employment and were retained in the unsubsidized employment—
</text>
<clause id="H4707FA78FB434432BD11746C409FFA37">
<enum>
(i)
</enum>
<text>
6 months after the first day of employment; and
</text>
</clause>
<clause id="H619C5AB5427842D687BB4A3FE4E481C3">
<enum>
(ii)
</enum>
<text>
12 months after the first day of employment;
</text>
</clause>
</subparagraph>
<subparagraph id="H2478ACDF9B8541C78C0210B79254BBE4">
<enum>
(F)
</enum>
<text>
the percentage and number of enrollees compared to the percentage and number of enrollees the Secretary has established targets in section 145(c)(1);
</text>
</subparagraph>
<subparagraph id="H6A681B7846A54667947D62F619FF6F06">
<enum>
(G)
</enum>
<text>
the cost per training slot, which is calculated by comparing the program’s maximum number of students that can be enrolled in a Job Corps center at any given time during the program year to the number of enrollees in the same program year; and
</text>
</subparagraph>
<subparagraph id="H3D07B8C0BC4A4D33B449B6F2EA731514">
<enum>
(H)
</enum>
<text>
the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b).
</text>
</subparagraph>
</paragraph>
<paragraph id="H78475F2EF1054EE0A0828E6B71E28D4B">
<enum>
(3)
</enum>
<header>
Indicators of performance for recruiters
</header>
<text>
The annual indicators of performance for recruiters shall include the measurements described in subparagraph (A) of paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2).
</text>
</paragraph>
<paragraph id="H2EDCF210A1644FD888494389CEFD7B33">
<enum>
(4)
</enum>
<header>
Indicators of performance of career transition service providers
</header>
<text>
The annual indicators of performance of career transition service providers shall include the measurements described in subparagraphs (B) and (C) of paragraph (1) and subparagraphs, (B), (C), (D), and (E) of paragraph (2).
</text>
</paragraph>
</subsection>
<subsection id="H035906685AF94CE28E197A8A25353CB3">
<enum>
(d)
</enum>
<header>
Additional information
</header>
<text>
The Secretary shall collect, and submit in the report described in subsection (f), information on the performance of each Job Corps center, and the Job Corps program, regarding—
</text>
<paragraph id="H56F6341973794432B42B72761039E707">
<enum>
(1)
</enum>
<text>
the number and percentage of former enrollees who obtained a regular secondary school diploma;
</text>
</paragraph>
<paragraph id="H2AE2A07E39AE4D0C9B35C717FD497504">
<enum>
(2)
</enum>
<text>
the number and percentage of former enrollees who entered unsubsidized employment;
</text>
</paragraph>
<paragraph id="H259CBB5013A044C0A42A74DF5C2A1DD6">
<enum>
(3)
</enum>
<text>
the number and percentage of former enrollees who obtained a recognized postsecondary credential, including an industry-recognized credential;
</text>
</paragraph>
<paragraph id="HB83283614C514B25A306B813C6982EED">
<enum>
(4)
</enum>
<text>
the number and percentage of former enrollees who entered into military service; and
</text>
</paragraph>
<paragraph id="H547D6EC7FD854E34B972865E0302F1FD">
<enum>
(5)
</enum>
<text>
any additional information required by the Secretary.
</text>
</paragraph>
</subsection>
<subsection id="H07FD820BA17844318801E453DAEF550D">
<enum>
(e)
</enum>
<header>
Methods
</header>
<text>
The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(i)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates.
</text>
</subsection>
<subsection id="H500AB87295EF4C2EB9C76B31A454B53D">
<enum>
(f)
</enum>
<header>
Transparency and accountability
</header>
<paragraph id="HFF82BCB08A1E45A1B29B8F5077887D8A">
<enum>
(1)
</enum>
<header>
Report
</header>
<text display-inline="yes-display-inline">
The Secretary shall collect and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, and make available to the public by electronic means, a report containing—
</text>
<subparagraph id="HC50318815DBF4421AA02F12F6183CFFB">
<enum>
(A)
</enum>
<text>
information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraphs (1) and (2) of subsection (c);
</text>
</subparagraph>
<subparagraph id="HDF77EA11FE9C401AA0792E80CBF9D901">
<enum>
(B)
</enum>
<text>
a comparison of each Job Corps center, by rank, on the performance indicators described in paragraphs (1) and (2) of subsection (c);
</text>
</subparagraph>
<subparagraph id="HF05998B016D7486284C1587924DFD758">
<enum>
(C)
</enum>
<text>
a comparison of each Job Corps center, by rank, on the average performance of all primary indicators described in paragraph (1) of subsection (c);
</text>
</subparagraph>
<subparagraph id="H7C81FAEAF13643BF861433C7C80A6C3F">
<enum>
(D)
</enum>
<text>
information on the performance of the service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs; and
</text>
</subparagraph>
<subparagraph id="HFB15B0F4C4664565A866172EDCF99458">
<enum>
(E)
</enum>
<text>
a comparison of each service provider, by rank, on the performance of all service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3C9F3C6EA5C046708F93C488DA00FA7A">
<enum>
(2)
</enum>
<header>
Assessment
</header>
<text>
The Secretary shall conduct an annual assessment of the performance of each Job Corps center which shall include information on the Job Corps centers that—
</text>
<subparagraph id="H85CD7956B9334B3BAD3232A8C18B00C1">
<enum>
(A)
</enum>
<text>
are ranked in the bottom 10 percent on the performance indicator described in paragraph (1)(C); or
</text>
</subparagraph>
<subparagraph id="H228F1BF999084787A9F02D41E51C9CA7">
<enum>
(B)
</enum>
<text>
have failed a safety and health code review described in subsection (g).
</text>
</subparagraph>
</paragraph>
<paragraph id="HBA07245830E14CDF8596B2FFB65F808C">
<enum>
(3)
</enum>
<header>
Performance improvement
</header>
<text>
With respect to a Job Corps center that is identified under paragraph (2) or reports less than 50 percent on the performance indicators described in subparagraph (A), (B), or (C) of subsection (c)(1), the Secretary shall develop and implement a 1 year performance improvement plan. Such a plan shall require action including—
</text>
<subparagraph id="H18DD34CD67ED4E11948913FB0B1E4951">
<enum>
(A)
</enum>
<text>
providing technical assistance to the center;
</text>
</subparagraph>
<subparagraph id="H8F850035B010405896CDCE22A1F3F55F">
<enum>
(B)
</enum>
<text>
changing the management staff of the center;
</text>
</subparagraph>
<subparagraph id="HF68EDAAAD1D144A3A6D4977E633479FB">
<enum>
(C)
</enum>
<text>
replacing the operator of the center;
</text>
</subparagraph>
<subparagraph id="H8E2556D0C61D41A6AC42C2A741B01CDB">
<enum>
(D)
</enum>
<text>
reducing the capacity of the center; or
</text>
</subparagraph>
<subparagraph id="H4C1DD5787A3F4E40BAFDF41CFABD44B4">
<enum>
(E)
</enum>
<text>
closing the center.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF523EC05E860412CAD3BF5BCC08DC30C">
<enum>
(4)
</enum>
<header>
Closure of job corps centers
</header>
<text display-inline="yes-display-inline">
Job Corps centers that have been identified under paragraph (2) for more than 4 consecutive years shall be closed. The Secretary shall ensure—
</text>
<subparagraph id="H2FBFE94E5BBA402CBADDD6DDEC62EB79">
<enum>
(A)
</enum>
<text>
that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register and other appropriate means; and
</text>
</subparagraph>
<subparagraph id="HC7EF5549D49947639A2FA6F685D47BD1">
<enum>
(B)
</enum>
<text>
the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HFF58AE2535524680B6A97D6788FE48B0">
<enum>
(g)
</enum>
<header>
Participant health and safety
</header>
<text>
The Secretary shall enter into an agreement with the General Services Administration or the appropriate State agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, to conduct an in-person review of the physical condition and health-related activities of each Job Corps center annually. Such review shall include a passing rate of occupancy under Federal and State ordinances.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
<subtitle id="HADACCEA7E216461C93489C20A2F65440">
<enum>
D
</enum>
<header>
National Programs
</header>
<section id="H4967A94EEC7D4F529C6206FE1B68EBBE">
<enum>
130.
</enum>
<header>
Technical assistance
</header>
<text display-inline="no-display-inline">
Section 170 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2915">
29 U.S.C. 2915
</external-xref>
) is amended—
</text>
<paragraph id="HAB38844B1CAC49A1B93663AD44E48612">
<enum>
(1)
</enum>
<text>
by striking subsection (b);
</text>
</paragraph>
<paragraph id="H57715AD0ACF043309D3A4234E51CBDCE">
<enum>
(2)
</enum>
<text>
by striking:
</text>
<quoted-block id="H6EA6F0B70BC549D4B2FA462BFA90AB7A" style="OLC">
<subsection id="HBBDCA6A5C4624E01B5F87E7B3EB606BD">
<enum>
(a)
</enum>
<header>
General technical assistance
</header>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H2183E61D93F948B5B154B16920F6563C">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c) respectively, and moving such subsections 2 ems to the left, and conforming the casing style of the headings of such subsections to the casing style of the heading of subsection (d), as added by paragraph (7) of this section;
</text>
</paragraph>
<paragraph id="H3DD5057700A74CDA9CD087806EBC4354">
<enum>
(4)
</enum>
<text>
in subsection (a) (as so redesignated)—
</text>
<subparagraph id="H323975BCBCE84986BF9B6E4329F6299F">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
the training of staff providing rapid response services, the training of other staff of recipients of funds under this title, assistance regarding accounting and program operation practices (when such assistance would not be duplicative to assistance provided by the State), technical assistance to States that do not meet State performance measures described in section 136,
</quote>
after
<quote>
localities,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H074714DE7A284E7E82A887925004DF22">
<enum>
(B)
</enum>
<text>
by striking
<quote>
from carrying out activities
</quote>
and all that follows up to the period and inserting
<quote>
to implement the amendments made by the SKILLS Act
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HC45EAF187CE1419A954EBEA0100457A9">
<enum>
(5)
</enum>
<text>
in subsection (b) (as so redesignated)—
</text>
<subparagraph id="H173A7EE00B4B401D8E99B493D9B219C1">
<enum>
(A)
</enum>
<text>
by striking
<quote>
paragraph (1)
</quote>
and inserting
<quote>
subsection (a)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H12F95796AE5E44E6A8E5ADC4814BC12B">
<enum>
(B)
</enum>
<text>
by striking
<quote>
, or recipient of financial assistance under any of sections 166 through 169,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H338DB422E16D4C159D3DD413A6D88905">
<enum>
(C)
</enum>
<text>
by striking
<quote>
or grant recipient
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H9BBF785046DD4F8888AD717F199DFF86">
<enum>
(6)
</enum>
<text>
in subsection (c) (as so redesignated), by striking
<quote>
paragraph (1)
</quote>
and inserting
<quote>
subsection (a)
</quote>
; and
</text>
</paragraph>
<paragraph id="H0FA7BDD93ACA467F87127263E256A538">
<enum>
(7)
</enum>
<text>
by inserting, after subsection (c) (as so redesignated), the following:
</text>
<quoted-block id="H7B0A62B590594F358F5267E6A9875ADC" style="OLC">
<subsection id="H61B344528733423C81BD529F69003767">
<enum>
(d)
</enum>
<header>
Best practices coordination
</header>
<text>
The Secretary shall—
</text>
<paragraph id="H14187B92C20A43A5B178A64DD3C9ACE8">
<enum>
(1)
</enum>
<text>
establish a system through which States may share information regarding best practices with regard to the operation of workforce investment activities under this Act; and
</text>
</paragraph>
<paragraph id="H72892BEEB9A944E98E89CA9297111606">
<enum>
(2)
</enum>
<text>
evaluate and disseminate information regarding best practices and identify knowledge gaps.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H895E6A492D6D481C81A0E6DDD44FC145">
<enum>
131.
</enum>
<header>
Evaluations
</header>
<text display-inline="no-display-inline">
Section 172 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2917">
29 U.S.C. 2917
</external-xref>
) is amended—
</text>
<paragraph id="H024F23932DCD4A3A8367A7ECF21EFD7E">
<enum>
(1)
</enum>
<text>
in subsection (a), by striking
<quote>
the Secretary shall provide for the continuing evaluation of the programs and activities, including those programs and activities carried out under section 171
</quote>
and inserting
<quote>
the Secretary, through grants, contracts, or cooperative agreements, shall conduct, at least once every 5 years, an independent evaluation of the programs and activities funded under this Act
</quote>
;
</text>
</paragraph>
<paragraph id="H47A4073702AE46C188AE8A62283C60AF">
<enum>
(2)
</enum>
<text>
in subsection (a)(4) is amended to read as follows:
</text>
<quoted-block id="H67AC1F72B30240C1BAD352D507A1D46B" style="OLC">
<paragraph id="H8EB3BB6F736C45F5B8AB2BDE860428A1">
<enum>
(4)
</enum>
<text>
the impact of receiving services and not receiving services under such programs and activities on the community, businesses, and individuals;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H78BF9BE1F007469F834311C46DEFB361">
<enum>
(3)
</enum>
<text>
in subsection (c) is amended to read as follows:
</text>
<quoted-block id="HD16267A788D44E509D00828AF3FEF8C4" style="OLC">
<subsection id="H2131261313C74DF3A6CB7C36427E3A0F">
<enum>
(c)
</enum>
<header>
Techniques
</header>
<text>
Evaluations conducted under this section shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies, quasi-experimental methods, impact analysis and the use of administrative data. The Secretary shall conduct an impact analysis, as described in subsection (a)(4), of the formula grant program under subtitle B not later than 2015, and thereafter shall conduct such an analysis not less than once every four years.
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H9E6C9BE84F6649878212D596A68695E9">
<enum>
(4)
</enum>
<text>
in subsection (e) is amended by striking
<quote>
the Committee on Labor and Human Resources of the Senate
</quote>
and inserting
<quote>
the Committee on Health, Education, Labor, and Pensions of the Senate
</quote>
;
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="HB04F0CEEE83C4A7FAA5A43254838E744">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA74BFF37F67C43748D737607B666B942" style="OLC">
<subsection id="H0970F21404E0413D979767FC57E299A2">
<enum>
(f)
</enum>
<header>
Reduction of amounts authorized to be appropriated for late reporting
</header>
<text display-inline="yes-display-inline">
If a report required to be transmitted to Congress under this section is not transmitted on or before the time period specified for that report, amounts authorized to be appropriated under this title shall be reduced by 10 percent for the fiscal year that begins after the date on which the final report required under this section is required to be transmitted and reduced by an additional 10 percent each subsequent fiscal year until each such report is transmitted to Congress.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H6DBB1732C09843659A9BF3EA37BE3E02">
<enum>
(6)
</enum>
<text>
by adding at the end, the following:
</text>
<quoted-block id="HC40E1D2F4AFA426A99E78CB91165B772" style="OLC">
<subsection id="HBFE02AD3B84D44158B9A6A711DCE9182">
<enum>
(h)
</enum>
<header>
Public availability
</header>
<text>
The results of the evaluations conducted under this section shall be made publicly available, including by posting such results on the Department’s website.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
<subtitle id="HBBED5F1FC62046B99C8A15FAF9B021B5">
<enum>
E
</enum>
<header>
Administration
</header>
<section id="H6B91742129D24CD994D260707E12DEB4">
<enum>
132.
</enum>
<header>
Requirements and restrictions
</header>
<text display-inline="no-display-inline">
Section 181 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2931">
29 U.S.C. 2931
</external-xref>
) is amended—
</text>
<paragraph id="H7429291ECF0F47B2B6E08AC55E964A9B">
<enum>
(1)
</enum>
<text>
in subsection (b)(6), by striking
<quote>
, including representatives of businesses and of labor organizations
</quote>
;
</text>
</paragraph>
<paragraph id="H072D860D616A4FF3810ECED121F14188">
<enum>
(2)
</enum>
<text>
in subsection (c)(2)(A), in the matter preceding clause (i), by striking
<quote>
shall
</quote>
and inserting
<quote>
may
</quote>
;
</text>
</paragraph>
<paragraph id="HFBD3B3B7D46F4D32B166F505E75D7CAC">
<enum>
(3)
</enum>
<text>
in subsection (e)—
</text>
<subparagraph id="HE1D572CE61504A7F81FC4CC5D27993AD">
<enum>
(A)
</enum>
<text>
by striking
<quote>
training for
</quote>
and inserting
<quote>
the entry into employment, retention in employment, or increases in earnings of
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HC4D2FF20F5DB463DBF69D9C0F80D9F9C">
<enum>
(B)
</enum>
<text>
by striking
<quote>
subtitle B
</quote>
and inserting
<quote>
this Act
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H09952DE678514730B514D91D6DCFA30C">
<enum>
(4)
</enum>
<text>
in subsection (f)(4), by striking
<quote>
134(a)(3)(B)
</quote>
and inserting
<quote>
134(a)(6)
</quote>
; and
</text>
</paragraph>
<paragraph id="H6974E808A77D40F69CAFCC25B0161F63">
<enum>
(5)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4CC7A149D86F44C584B7F7F60E90E14A" style="OLC">
<subsection id="H1F39D7ED80994C13A50B1E328AD99C83">
<enum>
(g)
</enum>
<header>
Salary and bonus limitation
</header>
<text display-inline="yes-display-inline">
No funds provided under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Level II of the Federal Executive Pay Schedule (
<external-xref legal-doc="usc" parsable-cite="usc/5/5313">
5 U.S.C. 5313
</external-xref>
). This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the programs.
</text>
</subsection>
<subsection id="HAA17F22EDA274C7FB94684C5CB872C05">
<enum>
(h)
</enum>
<header>
General authority
</header>
<paragraph id="HD6D6A2DE7CC14ECD8659290DDBDCE409">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
The Employment and Training Administration of the U.S. Department of Labor (hereinafter in this Act referred to as the
<quote>
Administration
</quote>
) shall administer all programs authorized under title I and III of this Act. The Administration shall be headed by an Assistant Secretary appointed by the President by and with the advice and consent of the Senate. Except for titles II and IV, the Administration shall be the principal agency, and the Assistant Secretary shall be the principal officer, of such Department for carrying out this Act.
</text>
</paragraph>
<paragraph id="HB73C1904C8184EC78EED5C634B99C274">
<enum>
(2)
</enum>
<header>
Qualifications
</header>
<text>
The Assistant Secretary shall be an individual with substantial experience in workforce development and in workforce development management. The Assistant Secretary shall also, to the maximum extent possible, possess knowledge and have worked in or with the State or local workforce investment system or have been a member of the business community. In the performance of the functions of the office, the Assistant Secretary shall be directly responsible to the Secretary or the Under Secretary as designed by the Secretary. The functions of the Assistant Secretary shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Assistant Secretary. Any reference in this Act to duties to be carried out by the Assistant Secretary shall be considered to be a reference to duties to be carried out by the Secretary acting through the Assistant Secretary.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H802BA66F22B8412C80CDE828B2E4B4A1">
<enum>
133.
</enum>
<header>
Prompt allocation of funds
</header>
<text display-inline="no-display-inline">
Section 182 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2932">
29 U.S.C. 2932
</external-xref>
) is amended—
</text>
<paragraph id="HA11050BD65BB4B5C9C69409651A0E8DC">
<enum>
(1)
</enum>
<text>
in subsection (c), by striking
<quote>
127 or
</quote>
; and
</text>
</paragraph>
<paragraph id="H9F4FE24A65484752B5F871F75D288DEC">
<enum>
(2)
</enum>
<text>
in subsection (e)—
</text>
<subparagraph id="HA2BF8A7B2ED3483E8A0A97BA2397BDCC">
<enum>
(A)
</enum>
<text>
by striking
<quote>
sections 128 and 133
</quote>
and inserting
<quote>
section 133
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H74A9649F426C4E34AB0FC989D76DF219">
<enum>
(B)
</enum>
<text>
by striking
<quote>
127 or
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H3BEE9A571B034DA08DC6E0CB1B922D1A">
<enum>
134.
</enum>
<header>
Fiscal controls; sanctions
</header>
<text display-inline="no-display-inline">
Section 184(a)(2) (
<external-xref legal-doc="usc" parsable-cite="usc/29/2934">
29 U.S.C. 2934(a)(2)
</external-xref>
) is amended—
</text>
<paragraph id="H602B808DA55A4A3B8EDBC1521337B908">
<enum>
(1)
</enum>
<text>
by striking
<quote>
(A)
</quote>
and all that follows through
<quote>
Each
</quote>
and inserting
<quote>
Each
</quote>
; and
</text>
</paragraph>
<paragraph id="H78A9A26615E242B9B7035989CD0DFD8D">
<enum>
(2)
</enum>
<text>
by striking subparagraph (B).
</text>
</paragraph>
</section>
<section id="H5AE9598C7A7041ACB0548F1A477E0D8E">
<enum>
135.
</enum>
<header>
Reports to Congress
</header>
<text display-inline="no-display-inline">
Section 185 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2935">
29 U.S.C. 2935
</external-xref>
) is amended—
</text>
<paragraph id="HA6DF5092732D49B6802389AA2B751A02">
<enum>
(1)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="HC6C278E8F3574FDD8C2C81540CF94A63">
<enum>
(A)
</enum>
<text>
in paragraph (2), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subparagraph>
<subparagraph id="H00099DAB665749C3AE8117F53F11653C">
<enum>
(B)
</enum>
<text>
in paragraph (3), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HC088234389D1487A9496C510711EB2DA">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H269A7A95665441A09C0E20F3989C19CD" style="OLC">
<paragraph id="HD96B073468A44E2AB6ECAE30C47128FD">
<enum>
(4)
</enum>
<text>
shall have the option to submit or disseminate electronically any reports, records, plans, or any other data that are required to be collected or disseminated under this title.
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HC6BF0FD91D99492489AB1B8D5A47E7D2">
<enum>
(2)
</enum>
<text>
in subsection (e)(2), by inserting
<quote>
and the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate,
</quote>
after
<quote>
Secretary,
</quote>
.
</text>
</paragraph>
</section>
<section id="H2B3FC26128DB463EADC8AD0294AC78DB">
<enum>
136.
</enum>
<header>
Administrative provisions
</header>
<text display-inline="no-display-inline">
Section 189 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2939">
29 U.S.C. 2939
</external-xref>
) is amended—
</text>
<paragraph id="HB9690F29A8274B6E90DAE24CFBCADEC1">
<enum>
(1)
</enum>
<text>
in subsection (g)—
</text>
<subparagraph id="HDC4708261A344E1AB15D5135A4620BF6">
<enum>
(A)
</enum>
<text>
by amending paragraph (1) to read as follows:
</text>
<quoted-block id="H355D50A3E0FF4A23BA2BB305077E757E" style="OLC">
<paragraph id="H95744FE1E0D8492195722AF1B771C03E">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Appropriations for any fiscal year for programs and activities carried out under this title shall be available for obligation only on the basis of a program year. The program year shall begin on October 1 in the fiscal year for which the appropriation is made.
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HBF931D8CEF584DCC8846FB5FB6A1D605">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="H9F253A14E769498CA5F526405A7E2CDC">
<enum>
(i)
</enum>
<text>
by striking
<quote>
each State
</quote>
and inserting
<quote>
each recipient
</quote>
; and
</text>
</clause>
<clause id="HD80C23AB03024EDBB6F2723EAECCF517">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
171 or
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HBF116C3A0B5E4AEDA028BCAAD970BE1B">
<enum>
(2)
</enum>
<text>
in subsection (i)—
</text>
<subparagraph id="H105B938DC1754DBBB833D185D131E020">
<enum>
(A)
</enum>
<text>
by striking paragraphs (2) and (3);
</text>
</subparagraph>
<subparagraph id="H2AD25ADD53464C0CB5BD834014AC3B41">
<enum>
(B)
</enum>
<text>
by redesignating paragraph (4) as paragraph (2);
</text>
</subparagraph>
<subparagraph id="H857B7DAD51AA4E158E48C75FFBE63F38">
<enum>
(C)
</enum>
<text>
by amending paragraph (2)(A), as so redesignated—
</text>
<clause id="H90A1CFEA447846ADA6119418A03A0890">
<enum>
(i)
</enum>
<text>
by striking
<quote>
requirements of subparagraph (B)
</quote>
and all that follows through
<quote>
any of the statutory or regulatory requirements of subtitle B
</quote>
and inserting
<quote>
requirements of subparagraph (B) or (D), any of the statutory or regulatory requirements of subtitle B
</quote>
;
</text>
</clause>
<clause id="H010B6A9B828A4C9B899F58858EE2D93E">
<enum>
(ii)
</enum>
<text>
by striking clause (ii); and
</text>
</clause>
<clause id="H09F69B02B9874FB9865F1C218BA65A4C">
<enum>
(iii)
</enum>
<text>
in clause (i), by striking
<quote>
; and
</quote>
and inserting a period at the end; and
</text>
</clause>
</subparagraph>
<subparagraph id="HE9EC0421DB0E4B5C9034290F5D38D85E">
<enum>
(D)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H9D3E0247E7AC4EAD90CDE1AC388C082B" style="OLC">
<subparagraph id="H93BFB0115FED44BDB6E4DA525A063871">
<enum>
(D)
</enum>
<header>
Expedited process for extending approved waivers to additional states
</header>
<text>
In lieu of the requirements of subparagraphs (B) and (C), the Secretary may establish an expedited procedure for the purpose of extending to additional States the waiver of statutory or regulatory requirements that have been approved for a State pursuant to a request under subparagraph (B). Such procedure shall ensure that the extension of such waivers to additional States are accompanied by appropriate conditions relating the implementation of such waivers.
</text>
</subparagraph>
<subparagraph id="H2725CF78903B4C77887431E588F6C168">
<enum>
(E)
</enum>
<header>
External Conditions
</header>
<text>
The Secretary shall not require or impose new or additional requirements, which are not specified under this Act, on a State in exchange for providing a waiver to the State or a local area in the State under this paragraph.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section id="H21F570E630A44D23A76E1B4E778BD9C4">
<enum>
137.
</enum>
<header>
State legislative authority
</header>
<text display-inline="no-display-inline">
Section 191(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/2941">
29 U.S.C. 2941(a)
</external-xref>
) is amended—
</text>
<paragraph id="H7D548E3D2B2644BEAF2462EC1B712CB3">
<enum>
(1)
</enum>
<text>
by striking
<quote>
consistent with the provisions of this title
</quote>
and inserting
<quote>
consistent with State law and the provisions of this title
</quote>
; and
</text>
</paragraph>
<paragraph id="H064BA6F5ACF4411FB4347B6F3956B40E">
<enum>
(2)
</enum>
<text>
by striking
<quote>
consistent with the terms and conditions required under this title
</quote>
and inserting
<quote>
consistent with State law and the terms and conditions required under this title
</quote>
.
</text>
</paragraph>
</section>
<section id="HA1A6EEEEA78B4CDC93F1ADE329DDA594">
<enum>
138.
</enum>
<header>
General program requirements
</header>
<text display-inline="no-display-inline">
Section 195 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2945">
29 U.S.C. 2945
</external-xref>
) is amended—
</text>
<paragraph id="H4908B7D0653E45F7825622C37D900B89">
<enum>
(1)
</enum>
<text>
in paragraph (7), by inserting at the end the following:
</text>
<quoted-block id="H99CB25D1C1B34AFB88AA3A9CF1D79439" style="OLC">
<subparagraph id="H588C4FE33B924B62A9DF7CC0B6AA2A23" indent="up1">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
Funds received by a public or private nonprofit entity that are not described in subparagraph (B), such as funds privately raised from philanthropic foundations, businesses, or other private entities, shall not be considered to be income under this title and shall not be subject to the requirements of this section.
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H95C33FDF9BFC4EA49974CC63AABCA1F8">
<enum>
(2)
</enum>
<text>
by adding at the end the following new paragraphs:
</text>
<quoted-block id="H787C42A2318047B9BD6E70018AFB2CAB" style="OLC">
<paragraph id="H5EEB4E3ADDD947ACB9085808BB703B3F">
<enum>
(14)
</enum>
<text>
Funds provided under this title shall not be used to establish or operate stand-alone fee-for-service enterprises that compete with private sector employment agencies within the meaning of section 701(c) of the Civil Rights Act of 1964 (
<external-xref legal-doc="usc" parsable-cite="usc/42/2000e">
42 U.S.C. 2000e(c)
</external-xref>
), except that for purposes of this paragraph, such an enterprise does not include one-stop centers.
</text>
</paragraph>
<paragraph id="H56BD43DA38154931B8A97CE4AF245106">
<enum>
(15)
</enum>
<text>
Any report required to be submitted to Congress, or to a Committee of Congress, under this title shall be submitted to both the chairmen and ranking minority members of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H00C4770F772A4259B0E23B160858D91A">
<enum>
139.
</enum>
<header>
Federal agency staff and restrictions on political and lobbying activities
</header>
<text display-inline="no-display-inline">
Subtitle E of title I (
<external-xref legal-doc="usc" parsable-cite="usc/29/2931">
29 U.S.C. 2931 et seq.
</external-xref>
) is amended by adding at the end the following new sections:
</text>
<quoted-block display-inline="no-display-inline" id="H527C22575A524A4EBEEB284282F7057F" style="OLC">
<section id="HF558C533E1B04F189D85975193D8D068">
<enum>
196.
</enum>
<header>
Federal agency staff
</header>
<text display-inline="no-display-inline">
The Director of the Office of Management and Budget shall—
</text>
<paragraph id="H5ACBD99BA5634790AF6F8D5DDE429A3B">
<enum>
(1)
</enum>
<text>
not later than 60 days after the date of the enactment of the SKILLS Act—
</text>
<subparagraph id="H3A88C79BF2CF44CEBCFAB7781D7652C7">
<enum>
(A)
</enum>
<text>
identify the number of Federal government employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment; and
</text>
</subparagraph>
<subparagraph id="H85D8F8DA13E942A3895C04C8D5DF2AB8">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
identify the number of full-time equivalent employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment, and that have been repealed or consolidated on or after such date of enactment;
</text>
</subparagraph>
</paragraph>
<paragraph id="HE949BB4883BF430D8794414DE0466DEA">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
not later than 90 after such date of enactment, publish the information described in paragraph (1) on the Office of Management and Budget website; and
</text>
</paragraph>
<paragraph id="HCC1FD30E35A1470E84F7A0219306CAAD">
<enum>
(3)
</enum>
<text>
not later than 1 year after such date of enactment—
</text>
<subparagraph id="H035B9FE91E6E40E8BF591216336F2847">
<enum>
(A)
</enum>
<text>
reduce the workforce of the Federal Government by the number of full-time equivalent employees identified under paragraph (1)(B); and
</text>
</subparagraph>
<subparagraph id="HBF25427EFF91492EA46CAE1975F7E4AD">
<enum>
(B)
</enum>
<text>
submit to Congress a report on how the Director carried out the requirements of subparagraph (A).
</text>
</subparagraph>
</paragraph>
</section>
<section id="HF454007306F64B3EAFBAEDDF6BFD7698">
<enum>
197.
</enum>
<header>
Restrictions on lobbying and political activities
</header>
<subsection id="HF09638C185D34D21998F4D9BA2E2D66A">
<enum>
(a)
</enum>
<header>
Lobbying restrictions
</header>
<paragraph id="H6C9B3F4627B04DBCA3FD77BAD7D9AFDE">
<enum>
(1)
</enum>
<header>
Publicity restrictions
</header>
<subparagraph id="H555E12AF2D4949FBB82CD5AA52E66BA3">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Subject to subparagraph (B), no funds provided under this Act shall be used or proposed for use, for—
</text>
<clause id="H4C5B58BACCB146ADB1C2D93995FADB0C">
<enum>
(i)
</enum>
<text>
publicity or propaganda purposes; or
</text>
</clause>
<clause id="HE52BAAC738934782AEE9E803C7288497">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body.
</text>
</clause>
</subparagraph>
<subparagraph id="H1F4DFCBEEDD24A01B83A4D9173D25222">
<enum>
(B)
</enum>
<header>
Exception
</header>
<text display-inline="yes-display-inline">
Subparagraph (A) shall not apply to—
</text>
<clause id="H72D31BFF48554EB59C67118567DC4ACB">
<enum>
(i)
</enum>
<text>
normal and recognized executive-legislative relationships;
</text>
</clause>
<clause id="HC7826B2E8CEF433D9C863DA52E7FD825">
<enum>
(ii)
</enum>
<text>
the preparation, distribution, or use of the materials described in subparagraph (A)(ii) in presentation to the Congress or any State or local legislature (except that this subparagraph does not apply with respect to such preparation, distribution, or use in presentation to the executive branch of any State or local government); or
</text>
</clause>
<clause id="HE91A9B3EB5E44A53BD9759192ABD64FA">
<enum>
(iii)
</enum>
<text>
if such materials are designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HA4C2304A59FD4F3BBE7463373CA744F4">
<enum>
(2)
</enum>
<header>
Salary payment restriction
</header>
<text display-inline="yes-display-inline">
No funds provided under this Act shall be used, or proposed for use, to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulations, administrative action, or executive order proposed or pending before the Congress or any State government, or State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local, or tribal government in policymaking and administrative processes within the executive branch of that government.
</text>
</paragraph>
</subsection>
<subsection id="H3E16B7CD968E422EB7AE7F73B0DF0AD3">
<enum>
(b)
</enum>
<header>
Political restrictions
</header>
<paragraph id="H34A6FB0FD3174729853D3CE5E7AD0E8A">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
No funds received by a participant of a program or an activity under this Act shall be used for—
</text>
<subparagraph id="HEBE2FA0A12944606A3D54B965BAB0032">
<enum>
(A)
</enum>
<text>
any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; or
</text>
</subparagraph>
<subparagraph id="HE5AD98F69962485B9B414A2E9445DE7A">
<enum>
(B)
</enum>
<text>
any activity to provide voters with transportation to the polls or similar assistance in connection with any such election.
</text>
</subparagraph>
</paragraph>
<paragraph id="H7F8FDFC92C414B179125F881D391EDED">
<enum>
(2)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
For the purposes of this subsection, the term
<quote>
participant
</quote>
includes any State, local area, or governmental, nonprofit, or for-profit entity receiving funds under this Act.
</text>
</paragraph>
<paragraph id="HDB291F2DEB524BD79D615BD2F0FCA97D">
<enum>
(3)
</enum>
<header>
Restriction on voter registration activities
</header>
<text display-inline="yes-display-inline">
No funds under this Act shall be used to conduct voter registration activities.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
<subtitle id="H9947E1BC07E545FCB2A72780400553C5">
<enum>
F
</enum>
<header>
State unified plan
</header>
<section id="HB0A5EBB03F224A2C8085F979891BA9F4">
<enum>
140.
</enum>
<header>
State unified plan
</header>
<text display-inline="no-display-inline">
Section 501 (
<external-xref legal-doc="usc" parsable-cite="usc/20/9271">
20 U.S.C. 9271
</external-xref>
) is amended—
</text>
<paragraph id="H70AA954C293E4FE4873F9479FAAC771A">
<enum>
(1)
</enum>
<text>
by amending subsection (a) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H962418DBA76B48F6B5965A77658DB3D0" style="OLC">
<subsection id="H10DCC2A6DD3E43F481A90B5B9BBD2B79">
<enum>
(a)
</enum>
<header>
General authority
</header>
<text display-inline="yes-display-inline">
The Secretary shall receive and approve State unified plans developed and submitted under this section.
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H7ABDCD0877F94F4AAB2ABEE96369AF56">
<enum>
(2)
</enum>
<text>
by amending subsection (b) to read as follows:
</text>
<quoted-block id="H2E371FA0B567499F89DF15B4C3A856F3" style="OLC">
<subsection id="H37656ECC01214BD0BC5D7071E39DFEB3">
<enum>
(b)
</enum>
<header>
State unified plan
</header>
<paragraph id="H309AB176563B4C5CABD9150A12F40707">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
A State may develop and submit to the Secretary a State unified plan for 2 or more of the activities or programs set forth in paragraph (2). The State unified plan shall cover one or more of the activities set forth in subparagraphs (A) and (B) of paragraph (2) and may cover one or more of the activities set forth in subparagraphs (C) through (N) of paragraph (2). For purposes of this paragraph, the activities and programs described in subparagraphs (A) and (B) of paragraph (2) shall not be considered to be 2 or more activities or programs for purposes of the unified plan. Such activities or programs shall be considered to be 1 activity or program.
</text>
</paragraph>
<paragraph id="H0082C1942A914E5E876FD0E8C7DC0652">
<enum>
(2)
</enum>
<header>
Activities and programs
</header>
<text>
The activities and programs referred to in paragraph (1) are as follows:
</text>
<subparagraph id="H1A70C592C0314EE7A3245AD66F90D495">
<enum>
(A)
</enum>
<text>
Programs and activities authorized under title I.
</text>
</subparagraph>
<subparagraph id="HD7B3270849E84114A6135502C4547D1C">
<enum>
(B)
</enum>
<text>
Programs and activities authorized under title II.
</text>
</subparagraph>
<subparagraph id="H3129C3C0CF664A6DB7E6C51077121918">
<enum>
(C)
</enum>
<text>
Programs authorized under the Rehabilitation Act of 1973.
</text>
</subparagraph>
<subparagraph id="H2C496F6AEC3844A08941BD72A73BDA73">
<enum>
(D)
</enum>
<text>
Secondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act.
</text>
</subparagraph>
<subparagraph id="H7D07221997604973AB8E168595DA8A14">
<enum>
(E)
</enum>
<text>
Postsecondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act.
</text>
</subparagraph>
<subparagraph id="H7ED85E5535A14A55B1970023E1044D59">
<enum>
(F)
</enum>
<text>
Programs and activities authorized under title II of the Trade Act of 1974.
</text>
</subparagraph>
<subparagraph id="H589E952CCDA946AFB167A126E4222C7C">
<enum>
(G)
</enum>
<text>
National Apprenticeship Act of 1937.
</text>
</subparagraph>
<subparagraph id="HEB3A469DB6454E78B80C34E8F8C26467">
<enum>
(H)
</enum>
<text>
Programs authorized under the Community Services Block Grant Act.
</text>
</subparagraph>
<subparagraph id="H7A3F2824AC4344348DEB74F3FA8F8C14">
<enum>
(I)
</enum>
<text>
Programs authorized under the part A of title IV of the Social Security Act.
</text>
</subparagraph>
<subparagraph id="H95EAAB3353E94D2FBF8B06E0B8707AE1">
<enum>
(J)
</enum>
<text>
Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law).
</text>
</subparagraph>
<subparagraph id="HF3AF67F83B9143D1B4C4F9B4D8049C93">
<enum>
(K)
</enum>
<text>
Work programs authorized under section 6(o) of the Food Stamp Act of 1977.
</text>
</subparagraph>
<subparagraph id="H2C043E2256DB469B872283ED723E6712">
<enum>
(L)
</enum>
<text>
Programs and activities authorized title I of the Housing and Community Development Act of 1974.
</text>
</subparagraph>
<subparagraph id="H8554090D869F44E3B42F2FD74D8AFBD2">
<enum>
(M)
</enum>
<text>
Programs and activities authorized under the Public Workers and Economic Development Act of 1965.
</text>
</subparagraph>
<subparagraph id="HD9E414C10A6A4DEFBAA65D5C218CA9EE">
<enum>
(N)
</enum>
<text>
Activities as defined under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/41">
chapter 41
</external-xref>
of title 38, United States Code.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HB65387DD6E2C492EA078FC8D0A60EE4D">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
by amending subsection (d) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H0B44661F6CF84AE78692F84401208968" style="OLC">
<subsection id="HEC71BEC0E716484EA8E5C0FAC0B4D516">
<enum>
(d)
</enum>
<header>
Approval
</header>
<paragraph id="H9BA6EE7AF92F4D7D83785AFC230FCC28">
<enum>
(1)
</enum>
<header>
Jurisdiction
</header>
<text display-inline="yes-display-inline">
In approving a State unified plan under this section, the Secretary shall—
</text>
<subparagraph id="H7D6A19C45D84476493A2D356DF5BF2BE">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
submit the portion of the State unified plan covering an activity or program described in subsection (b)(2) to the head of the Federal agency who exercises administrative authority over the activity or program for the approval of such portion by such Federal agency head; or
</text>
</subparagraph>
<subparagraph id="H0A742855AA9045D1B2693C031F8FEC59">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
coordinate approval of the portion of the State unified plan covering an activity or program described in subsection (b)(2) with the head of the Federal agency who exercises administrative authority over the activity or program.
</text>
</subparagraph>
</paragraph>
<paragraph id="H879B2987877344E797B64AD741D08C4D">
<enum>
(2)
</enum>
<header>
Timeline
</header>
<text display-inline="yes-display-inline">
A State unified plan shall be considered to be approved by the Secretary at the end of the 90-day period beginning on the day the Secretary receives the plan, unless the Secretary makes a written determination, during the 90-day period, that details how the plan is not consistent with the requirements of the Federal statute authorizing an activity or program described in subsection (b)(2) and covered under the plan or how the plan is not consistent with the requirements of subsection (c)(3).
</text>
</paragraph>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H78E72A3C884C46379D75B6D11002FF44">
<enum>
(4)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H282A363B810F41C98DBEEBCB6F789C08" style="OLC">
<subsection id="H24C7C60230C04ABA826F65D400386B96">
<enum>
(e)
</enum>
<header>
Additional employment and training funds
</header>
<paragraph id="HEF4A8E525A3A4F13856C44AD87653ADB">
<enum>
(1)
</enum>
<header>
Purpose
</header>
<text display-inline="yes-display-inline">
It is the purpose of this subsection to reduce inefficiencies in the administration of federally-funded State and local employment and training programs.
</text>
</paragraph>
<paragraph id="H9FC1DA06D286459FA3E0EE98788D75D5">
<enum>
(2)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
In developing a State unified plan for the activities or programs described in subsection (b)(2) and subject to paragraph (4) and the State plan approval process under subsection (d), a State may propose to consolidate the amount, in whole or part, provided for the activities or programs dedicated to employment and training into the Workforce Investment Fund under section 132(b) to improve the administration of State and local employment and training programs.
</text>
</paragraph>
<paragraph id="HAAC37FB636A045E686061AE3DEA48265">
<enum>
(3)
</enum>
<header>
Requirements
</header>
<text display-inline="yes-display-inline">
A State with a State unified plan approved under subsection (d) for purposes of consolidation under paragraph (2) and that is carrying out such consolidation shall—
</text>
<subparagraph id="H350CCA68416B415CB97A39BBB718F864">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
continue to meet the program requirements, limitations, and prohibitions of any Federal statute authorizing the activity or program consolidated into the Workforce Investment Fund;
</text>
</subparagraph>
<subparagraph id="H0643F8B86A624B298B13B4BED53901CD">
<enum>
(B)
</enum>
<text>
meet the intent and purpose of the activity or program consolidated into the Workforce Investment Fund; and
</text>
</subparagraph>
<subparagraph id="H1B6BCA2CBDCF41039A5156F3980902E3">
<enum>
(C)
</enum>
<text>
continue to make reservations and allotments under subsections (a) and (b) of section 133.
</text>
</subparagraph>
</paragraph>
<paragraph id="HAD4C0567935E4C72B48C0BD72D1D420B">
<enum>
(4)
</enum>
<header>
Exceptions
</header>
<text>
A State may not consolidate funds under paragraph (2) that are allocated to the State under—
</text>
<subparagraph id="HBD3FB70C6C6F494684FB2D3D622E918A">
<enum>
(A)
</enum>
<text>
the Carl D. Perkins Career and Technical Education Act of 2006; or
</text>
</subparagraph>
<subparagraph id="HC5EBC8F175864D99AEE11FBC3C44FCF2">
<enum>
(B)
</enum>
<text>
the Rehabilitation Act of 1973.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
</title>
<title id="H54B8FA49A3BC44C08334BA6CE746F718">
<enum>
II
</enum>
<header>
ADULT EDUCATION AND FAMILY LITERACY EDUCATION
</header>
<section id="H376C1BE9D30943789E60ACE96F22AC0F">
<enum>
201.
</enum>
<header>
Amendment
</header>
<text display-inline="no-display-inline">
Title II (
<external-xref legal-doc="usc" parsable-cite="usc/20/2901">
20 U.S.C. 2901 et seq.
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H95B0299D661848B5913538D04C973093" style="OLC">
<title id="HEB48A6D3839B43B898607F58009C3E0D">
<enum>
II
</enum>
<header>
ADULT EDUCATION AND FAMILY LITERACY EDUCATION
</header>
<section id="H419C7527361A4584BDD1AF8974647E4F">
<enum>
201.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This title may be cited as the
<quote>
Adult Education and Family Literacy Education Act
</quote>
.
</text>
</section>
<section id="HCB667B39764149E4A57371B9180C4C8B">
<enum>
202.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and math skills, and support States and local communities in providing, on a voluntary basis, adult education and family literacy education programs, in order to—
</text>
<paragraph id="H53F392F0974E4454B7242DD1E63E603C">
<enum>
(1)
</enum>
<text>
increase the literacy of adults, including the basic reading, writing, speaking, and math skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce;
</text>
</paragraph>
<paragraph id="H0695E4B5EE3543D59E1B7948B1C15B10">
<enum>
(2)
</enum>
<text>
assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution;
</text>
</paragraph>
<paragraph id="H45AB17AC106649239407E35CFB8B8433">
<enum>
(3)
</enum>
<text>
assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children’s education including, through instruction in basic reading, writing, speaking, and math skills; and
</text>
</paragraph>
<paragraph id="H126322D3A9544037BAF6D53BB7F158D3">
<enum>
(4)
</enum>
<text>
assist adults who are not proficient in English in improving their reading, writing, speaking, listening, comprehension, and math skills.
</text>
</paragraph>
</section>
<section id="HFBD4A4783F4F4A65A0760307F067578C">
<enum>
203.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this title:
</text>
<paragraph id="H21B9B8CD4E384DFF8CE42788A6E5C065">
<enum>
(1)
</enum>
<header>
Adult education and family literacy education programs
</header>
<text>
The term
<term>
adult education and family literacy education programs
</term>
means a sequence of academic instruction and educational services below the postsecondary level that increase an individual’s ability to read, write, and speak English and perform mathematical computations leading to a level of proficiency equivalent to at least a secondary school completion that is provided for individuals—
</text>
<subparagraph id="H041C69C212794A3A9ADD63344F6C1D57">
<enum>
(A)
</enum>
<text>
who are at least 16 years of age;
</text>
</subparagraph>
<subparagraph id="H0A705855DF9A46CAA8D3F16C7DFA2462">
<enum>
(B)
</enum>
<text>
who are not enrolled or required to be enrolled in secondary school under State law; and
</text>
</subparagraph>
<subparagraph id="HCB6A0BAB45C14AEC970F89E3161F6173">
<enum>
(C)
</enum>
<text>
who—
</text>
<clause id="H9B3EFA391C9E4E13B5781757D12CD8A2">
<enum>
(i)
</enum>
<text>
lack sufficient mastery of basic reading, writing, speaking, and math skills to enable the individuals to function effectively in society;
</text>
</clause>
<clause id="HCAF2CC115C1542ED9D957F37E434758F">
<enum>
(ii)
</enum>
<text>
do not have a secondary school diploma or its equivalent and have not achieved an equivalent level of education; or
</text>
</clause>
<clause id="H8798BF22AF1B4743B2D155C28BBF41E5">
<enum>
(iii)
</enum>
<text>
are English learners.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HB1E851DC3DB348A4B35EAA6897A2D5D1">
<enum>
(2)
</enum>
<header>
Eligible agency
</header>
<text>
The term
<term>
eligible agency
</term>
—
</text>
<subparagraph id="HB91BA6428C804AA2AB30D04392EF90F7">
<enum>
(A)
</enum>
<text>
means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and
</text>
</subparagraph>
<subparagraph id="H4C9107B1F5244DE8B23027AA959B462A">
<enum>
(B)
</enum>
<text>
may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCF7B6863A4E14C709CF6983D95881C6E">
<enum>
(3)
</enum>
<header>
Eligible provider
</header>
<text>
The term
<term>
eligible provider
</term>
means an organization of demonstrated effectiveness which is—
</text>
<subparagraph id="HBEDF1120A9624787B05F1D2FF3652CD9">
<enum>
(A)
</enum>
<text>
a local educational agency;
</text>
</subparagraph>
<subparagraph id="H38A7F9C074C8438FB08DF87DA5034B31">
<enum>
(B)
</enum>
<text>
a community-based or faith-based organization;
</text>
</subparagraph>
<subparagraph id="H46E3AA121C984576BA244E902322E535">
<enum>
(C)
</enum>
<text>
a volunteer literacy organization;
</text>
</subparagraph>
<subparagraph id="H6FF2A120D2B44D4198B0320BD80F13C8">
<enum>
(D)
</enum>
<text>
an institution of higher education;
</text>
</subparagraph>
<subparagraph id="H42F6B6352BE0456DAB63FDAC4D3DABC8">
<enum>
(E)
</enum>
<text>
a public or private educational agency;
</text>
</subparagraph>
<subparagraph id="HEC1421C5A6C94E24A2C1E6260FCD5D91">
<enum>
(F)
</enum>
<text>
a library;
</text>
</subparagraph>
<subparagraph id="H0C093F023EA64A1BB9557519991115AD">
<enum>
(G)
</enum>
<text>
a public housing authority;
</text>
</subparagraph>
<subparagraph id="HEEA077E1718940AEB045793ACAD7EDB8">
<enum>
(H)
</enum>
<text>
an institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or
</text>
</subparagraph>
<subparagraph id="HA9B143127B334820AB812BA1BF3A3E57">
<enum>
(I)
</enum>
<text>
a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H).
</text>
</subparagraph>
</paragraph>
<paragraph id="HCFD3C0B7BA8B4621BA70B63897684A4D">
<enum>
(4)
</enum>
<header>
English language acquisition program
</header>
<text>
The term
<term>
English language acquisition program
</term>
means a program of instruction—
</text>
<subparagraph id="H1555A85D80AA478882AE6711B06AC531">
<enum>
(A)
</enum>
<text>
designed to help English learners achieve competence in reading, writing, speaking, and comprehension of the English language; and
</text>
</subparagraph>
<subparagraph id="H5D46D04F33BB40C5838D6E81B4A0BF22">
<enum>
(B)
</enum>
<text>
that may lead to—
</text>
<clause id="H3F4C187B5FBB4A5DA7E5B73C297F3468">
<enum>
(i)
</enum>
<text>
attainment of a secondary school diploma or its recognized equivalent;
</text>
</clause>
<clause id="HFBD14BCE22964669BEFA1EB8E8AA62BC">
<enum>
(ii)
</enum>
<text>
transition to success in postsecondary education and training; and
</text>
</clause>
<clause id="H53072A0931594878B7B725BF7C23A114">
<enum>
(iii)
</enum>
<text>
employment or career advancement.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HB7496326DC6B41B2BA5B51D9414F3F55">
<enum>
(5)
</enum>
<header>
Family literacy education program
</header>
<text>
The term
<term>
family literacy education program
</term>
means an educational program that—
</text>
<subparagraph id="H813604FA113F493086C7CB154C719503">
<enum>
(A)
</enum>
<text>
assists parents and students, on a voluntary basis, in achieving the purposes of this title as described in section 202; and
</text>
</subparagraph>
<subparagraph id="HC63DDCFF2A5A47479419B285CD608E4C">
<enum>
(B)
</enum>
<text>
is of sufficient intensity in terms of hours and of sufficient quality to make sustainable changes in a family, is evidence-based, and, for the purpose of substantially increasing the ability of parents and children to read, write, and speak English, integrates—
</text>
<clause id="H87C212888F02478DB88458AA68F08A93">
<enum>
(i)
</enum>
<text>
interactive literacy activities between parents and their children;
</text>
</clause>
<clause id="H7F3F0CACECAD44E289B8AB7AE91EBC61">
<enum>
(ii)
</enum>
<text>
training for parents regarding how to be the primary teacher for their children and full partners in the education of their children;
</text>
</clause>
<clause id="H6B2E1941036F40EA98516FEF56E5C633">
<enum>
(iii)
</enum>
<text>
parent literacy training that leads to economic self-sufficiency; and
</text>
</clause>
<clause id="HEE14730F2B61432787DF70BB9712CEF6">
<enum>
(iv)
</enum>
<text>
an age-appropriate education to prepare children for success in school and life experiences.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H01BB471A516B4D79915694D46BC6B173">
<enum>
(6)
</enum>
<header>
Governor
</header>
<text>
The term
<term>
Governor
</term>
means the chief executive officer of a State or outlying area.
</text>
</paragraph>
<paragraph id="H3A49FCE02FCC41468AF2E236299DA541">
<enum>
(7)
</enum>
<header>
Individual with a disability
</header>
<subparagraph id="H7F6CDFCE563640E0921881072A00C44E">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The term
<term>
individual with a disability
</term>
means an individual with any disability (as defined in section 3 of the Americans with Disabilities Act of 1990).
</text>
</subparagraph>
<subparagraph id="H606F2D893CC34F50B9356131210D0A22">
<enum>
(B)
</enum>
<header>
Individuals with disabilities
</header>
<text>
The term
<term>
individuals with disabilities
</term>
means more than one individual with a disability.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB7BE451BEDA34B60B2F1219FCB5AE699">
<enum>
(8)
</enum>
<header>
English learner
</header>
<text>
The term
<term>
English learner
</term>
means an adult or out-of-school youth who has limited ability in reading, writing, speaking, or understanding the English language, and—
</text>
<subparagraph id="H9569BB10D96A4F4AA2E583C72554EA3D">
<enum>
(A)
</enum>
<text>
whose native language is a language other than English; or
</text>
</subparagraph>
<subparagraph id="H2DC34EE725CB4594AA3C151365343930">
<enum>
(B)
</enum>
<text>
who lives in a family or community environment where a language other than English is the dominant language.
</text>
</subparagraph>
</paragraph>
<paragraph id="H07946872214F4B4CA882D99AB2EE98F5">
<enum>
(9)
</enum>
<header>
Integrated Education and Training
</header>
<text display-inline="yes-display-inline">
The term
<term>
integrated education and training
</term>
means services that provide adult education and literacy activities contextually and concurrently with workforce preparation activities and workforce training for a specific occupation or occupational cluster. Such services may include offering adult education services concurrent with postsecondary education and training, including through co-instruction.
</text>
</paragraph>
<paragraph id="H167AC38501594CA9AE8A31EF5E19C197">
<enum>
(10)
</enum>
<header>
Institution of higher education
</header>
<text>
The term
<term>
institution of higher education
</term>
has the meaning given the term in section 101 of the Higher Education Act of 1965.
</text>
</paragraph>
<paragraph id="H6EBA2A8504434E52A9A1B36374A9BA70">
<enum>
(11)
</enum>
<header>
Literacy
</header>
<text>
The term
<term>
literacy
</term>
means an individual’s ability to read, write, and speak in English, compute, and solve problems at a level of proficiency necessary to obtain employment and to successfully make the transition to postsecondary education.
</text>
</paragraph>
<paragraph id="HDFE1B566994148C8BDC6880706E80DB1">
<enum>
(12)
</enum>
<header>
Local educational agency
</header>
<text>
The term
<term>
local educational agency
</term>
has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.
</text>
</paragraph>
<paragraph id="HFE139BE2F7064DC5B2B43DA57689DA73">
<enum>
(13)
</enum>
<header>
Outlying area
</header>
<text>
The term
<term>
outlying area
</term>
has the meaning given the term in section 101 of this Act.
</text>
</paragraph>
<paragraph id="HD788D3903F5E48D9AA057D5C333B6976">
<enum>
(14)
</enum>
<header>
Postsecondary educational institution
</header>
<text>
The term
<term>
postsecondary educational institution
</term>
means—
</text>
<subparagraph id="H7079352C949F451C89E67FFE7D56E10D">
<enum>
(A)
</enum>
<text>
an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree;
</text>
</subparagraph>
<subparagraph id="H0BD76F8EE27044CF82181D680D7E971E">
<enum>
(B)
</enum>
<text>
a tribally controlled community college; or
</text>
</subparagraph>
<subparagraph id="HBCA2C56E8C294BCBADC3F1CE8EE6EFA3">
<enum>
(C)
</enum>
<text>
a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level.
</text>
</subparagraph>
</paragraph>
<paragraph id="H4F1E587862CF48368846DD613FD23DD9">
<enum>
(15)
</enum>
<header>
Secretary
</header>
<text>
The term
<term>
Secretary
</term>
means the Secretary of Education.
</text>
</paragraph>
<paragraph id="H9DE4AC59528C455C8C9069EC20C1B72C">
<enum>
(16)
</enum>
<header>
State
</header>
<text>
The term
<term>
State
</term>
means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
</text>
</paragraph>
<paragraph id="HD8398EE6A3D24CC3938F8A6A51C71340">
<enum>
(17)
</enum>
<header>
State educational agency
</header>
<text>
The term
<term>
State educational agency
</term>
has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.
</text>
</paragraph>
<paragraph id="H4E38DA6424C0447BA676446FF4B3293B">
<enum>
(18)
</enum>
<header>
Workplace literacy program
</header>
<text>
The term
<term>
workplace literacy program
</term>
means an educational program that is offered in collaboration between eligible providers and employers or employee organizations for the purpose of improving the productivity of the workforce through the improvement of reading, writing, speaking, and math skills.
</text>
</paragraph>
</section>
<section id="HB9E7DD3C9347428C82532885684DD37C">
<enum>
204.
</enum>
<header>
Home schools
</header>
<text display-inline="no-display-inline">
Nothing in this title shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, or to compel a parent engaged in home schooling to participate in adult education and family literacy education activities under this title.
</text>
</section>
<section id="H46FD6889E1AF4BD5B60E2A198E479E7B">
<enum>
205.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
There are authorized to be appropriated to carry out this title, $606,294,933 for fiscal years 2014 and for each of the 6 succeeding fiscal years.
</text>
</section>
<subtitle id="H6319370BFA3F454FA990AEFE20001CBB">
<enum>
A
</enum>
<header>
Federal Provisions
</header>
<section id="H6C906A5E63074979982C11104F5D2465">
<enum>
211.
</enum>
<header>
Reservation of funds; grants to eligible agencies; allotments
</header>
<subsection id="H30685D5D5279411EB1CE208522439A67">
<enum>
(a)
</enum>
<header>
Reservation of funds
</header>
<text>
From the sums appropriated under section 205 for a fiscal year, the Secretary shall reserve 2.0 percent to carry out section 242.
</text>
</subsection>
<subsection id="HF38C3E74A3D34FC59193B6D9F811CBAD">
<enum>
(b)
</enum>
<header>
Grants to eligible agencies
</header>
<paragraph id="H2415587D94FE4CF992F5D3B5AD0523EA">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g).
</text>
</paragraph>
<paragraph id="HBB4A2AF7046E42299E295B71AEC05EFC">
<enum>
(2)
</enum>
<header>
Purpose of grants
</header>
<text>
The Secretary may award a grant under paragraph (1) only if the eligible agency involved agrees to expend the grant in accordance with the provisions of this title.
</text>
</paragraph>
</subsection>
<subsection id="H85A584EBB9DA4FB698F84D71651049C2">
<enum>
(c)
</enum>
<header>
Allotments
</header>
<paragraph id="HC5A24B25BBD147E98EDE7CAA8975F09A">
<enum>
(1)
</enum>
<header>
Initial allotments
</header>
<text>
From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224—
</text>
<subparagraph id="H94D06F4F6730430CB3BABAE6CFBF36F5">
<enum>
(A)
</enum>
<text>
$100,000, in the case of an eligible agency serving an outlying area; and
</text>
</subparagraph>
<subparagraph id="H6175E35EBC514C6F9A56B61A97DAA997">
<enum>
(B)
</enum>
<text>
$250,000, in the case of any other eligible agency.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA219918859384A2FB3A23A69268AE46E">
<enum>
(2)
</enum>
<header>
Additional allotments
</header>
<text>
From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas.
</text>
</paragraph>
</subsection>
<subsection id="H5D7B473178F146E5A508905C7CEA742F">
<enum>
(d)
</enum>
<header>
Qualifying adult
</header>
<text>
For the purpose of subsection (c)(2), the term
<term>
qualifying adult
</term>
means an adult who—
</text>
<paragraph id="HD0748A17420A412C8FD75A3709039A56">
<enum>
(1)
</enum>
<text>
is at least 16 years of age;
</text>
</paragraph>
<paragraph id="HEC73D9FF3D1647B5BBE4535F6673D16A">
<enum>
(2)
</enum>
<text>
is beyond the age of compulsory school attendance under the law of the State or outlying area;
</text>
</paragraph>
<paragraph id="H874ACEACD6164A4BBAE53990A306B882">
<enum>
(3)
</enum>
<text>
does not have a secondary school diploma or its recognized equivalent; and
</text>
</paragraph>
<paragraph id="H3A5DA20AD11B4732A8A02F6E26BB0CCE">
<enum>
(4)
</enum>
<text>
is not enrolled in secondary school.
</text>
</paragraph>
</subsection>
<subsection id="H294E560BF9F54BDF839821E6D56FBD31">
<enum>
(e)
</enum>
<header>
Special rule
</header>
<paragraph id="HA10149BF8B8440E9803E4A23476046B9">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary.
</text>
</paragraph>
<paragraph id="H61D2787D7092443297ABE4C88C426214">
<enum>
(2)
</enum>
<header>
Termination of eligibility
</header>
<text>
Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective.
</text>
</paragraph>
</subsection>
<subsection id="H69EE654719984F5799737324BCFABD62">
<enum>
(f)
</enum>
<header>
Hold-Harmless provisions
</header>
<paragraph id="H2ED4292500424203A37A8E3653B3A169">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Notwithstanding subsection (c) and subject to paragraph (2), for—
</text>
<subparagraph id="H2D786E17FED843668D0A52AB13A42EF7">
<enum>
(A)
</enum>
<text>
fiscal year 2014, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for fiscal year 2012 under this title; and
</text>
</subparagraph>
<subparagraph id="H22F873B21C854C8FB2580579FDC96E5E">
<enum>
(B)
</enum>
<text>
fiscal year 2015 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title.
</text>
</subparagraph>
</paragraph>
<paragraph id="H94B3E65EEC6F417B9CD9E54E70B43D92">
<enum>
(2)
</enum>
<header>
Ratable reduction
</header>
<text>
If, for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratable reduce the payments to all eligible agencies, as necessary.
</text>
</paragraph>
</subsection>
<subsection id="H0B9F9F7E1D364A31B5AA9365DB6E2DA9">
<enum>
(g)
</enum>
<header>
Reallotment
</header>
<text>
The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year.
</text>
</subsection>
</section>
<section id="H91C922CA809943A4ABC7322D8A95AA8D">
<enum>
212.
</enum>
<header>
Performance accountability system
</header>
<text display-inline="no-display-inline">
Programs and activities authorized under this title are subject to the performance accountability provisions described in paragraph (2)(A) and (3) of section 136(b) and may, at a State’s discretion, include additional indicators identified in the State plan approved under section 224.
</text>
</section>
</subtitle>
<subtitle id="H55C662BE2F9C4515978F2DAC6FF00DA4">
<enum>
B
</enum>
<header>
State Provisions
</header>
<section id="H69C9BD5A9EC94E839CA07F065780D33F">
<enum>
221.
</enum>
<header>
State administration
</header>
<text display-inline="no-display-inline">
Each eligible agency shall be responsible for the following activities under this title:
</text>
<paragraph id="HA8596A3FD3FD490AB283C77A35C4DA17">
<enum>
(1)
</enum>
<text>
The development, submission, implementation, and monitoring of the State plan.
</text>
</paragraph>
<paragraph id="HD7AC06B519654C2F8CB780E079EC7EF9">
<enum>
(2)
</enum>
<text>
Consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title.
</text>
</paragraph>
<paragraph id="H5013379E423448A3BBF9BE912919F77A">
<enum>
(3)
</enum>
<text>
Coordination and avoidance of duplication with other Federal and State education, training, corrections, public housing, and social service programs.
</text>
</paragraph>
</section>
<section id="H15588318BBE0496BA8DFD3AD04B30B04">
<enum>
222.
</enum>
<header>
State distribution of funds; matching requirement
</header>
<subsection id="H842BF421BD644C02849ACAFDB26E6BF7">
<enum>
(a)
</enum>
<header>
State distribution of funds
</header>
<text>
Each eligible agency receiving a grant under this title for a fiscal year—
</text>
<paragraph id="H68ECC1ACC33A4659AE245D3AB850E47D">
<enum>
(1)
</enum>
<text>
shall use an amount not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 10 percent of such amount shall be available to carry out section 225;
</text>
</paragraph>
<paragraph id="H213F966F09ED47E1BB8FF0F1AEF82ED1">
<enum>
(2)
</enum>
<text>
shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and
</text>
</paragraph>
<paragraph id="H2EC2B0E522D34BAB904FBF43F6C41F9A">
<enum>
(3)
</enum>
<text>
shall use not more than 5 percent of the grant funds, or $65,000, whichever is greater, for the administrative expenses of the eligible agency.
</text>
</paragraph>
</subsection>
<subsection id="H36BC7DE82DE244F58E7F8471424AAFDA">
<enum>
(b)
</enum>
<header>
Matching requirement
</header>
<paragraph id="H711C1308A0D24009BDE3F2D50C2FFA6A">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
In order to receive a grant from the Secretary under section 211(b), each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and family literacy education programs for which the grant is awarded, a non-Federal contribution in an amount that is not less than—
</text>
<subparagraph id="H8B1E50BC25234BF09F6BE1DA13C6DD48">
<enum>
(A)
</enum>
<text>
in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and family literacy education programs in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and
</text>
</subparagraph>
<subparagraph id="H59AF2175CEB94208B0448876A8378EFB">
<enum>
(B)
</enum>
<text>
in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and family literacy education programs in the State.
</text>
</subparagraph>
</paragraph>
<paragraph id="H929D57E2145B45B3BB914D0E6980F9AB">
<enum>
(2)
</enum>
<header>
Non-federal contribution
</header>
<text>
An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and family literacy education programs in a manner that is consistent with the purpose of this title.
</text>
</paragraph>
</subsection>
</section>
<section id="HAFEF943589E84C2E82BF4EA752540DB6">
<enum>
223.
</enum>
<header>
State leadership activities
</header>
<subsection id="H7D55693E65A140DB8F1FE4CC97539361">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Each eligible agency may use funds made available under section 222(a)(2) for any of the following adult education and family literacy education programs:
</text>
<paragraph id="H67A80A307E2A4BC0B2AD41F08D606C6A">
<enum>
(1)
</enum>
<text>
The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b).
</text>
</paragraph>
<paragraph id="H3523C6E91E3E4392BC41D4CACB1A21C0">
<enum>
(2)
</enum>
<text>
The provision of technical assistance to eligible providers of adult education and family literacy education programs, including for the development and dissemination of evidence based research instructional practices in reading, writing, speaking, math, and English language acquisition programs.
</text>
</paragraph>
<paragraph id="H2F855BF3394144C6AD92C6E973870865">
<enum>
(3)
</enum>
<text>
The provision of assistance to eligible providers in developing, implementing, and reporting measurable progress in achieving the objectives of this title.
</text>
</paragraph>
<paragraph id="H106F052B4EDD4A2CA658AF46718308D9">
<enum>
(4)
</enum>
<text>
The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities.
</text>
</paragraph>
<paragraph id="H4CD2B28ADAA847BFAECBEBCAF4E287FD">
<enum>
(5)
</enum>
<text>
The provision of technology assistance, including staff training, to eligible providers of adult education and family literacy education programs, including distance education activities, to enable the eligible providers to improve the quality of such activities.
</text>
</paragraph>
<paragraph id="H8A05912E961F4D7EA39556248A0B3CBB">
<enum>
(6)
</enum>
<text>
The development and implementation of technology applications or distance education, including professional development to support the use of instructional technology.
</text>
</paragraph>
<paragraph id="HC567CA1BC41C443798CA209EF903CBE9">
<enum>
(7)
</enum>
<text>
Coordination with other public programs, including programs under title I of this Act, and other welfare-to-work, workforce development, and job training programs.
</text>
</paragraph>
<paragraph id="H36E82C090CD94D56ACD23CAB68100E5D">
<enum>
(8)
</enum>
<text>
Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and family literacy education programs, for adults enrolled in such activities.
</text>
</paragraph>
<paragraph id="H35E02F7FF05F4163A719556950FA991F">
<enum>
(9)
</enum>
<text>
The development and implementation of a system to assist in the transition from adult basic education to postsecondary education.
</text>
</paragraph>
<paragraph id="H543400EFA97449EA93F1547C31FEDA72">
<enum>
(10)
</enum>
<text>
Activities to promote workplace literacy programs.
</text>
</paragraph>
<paragraph id="HCFAC4390000142E686A09980D5EFFE0C">
<enum>
(11)
</enum>
<text>
Other activities of statewide significance, including assisting eligible providers in achieving progress in improving the skill levels of adults who participate in programs under this title.
</text>
</paragraph>
<paragraph id="HACE30DE2570A4ABA84F7AA8764CB4C77">
<enum>
(12)
</enum>
<text>
Integration of literacy, instructional, and occupational skill training and promotion of linkages with employees.
</text>
</paragraph>
</subsection>
<subsection id="H632A101341DD422281F6A4FFB573847E">
<enum>
(b)
</enum>
<header>
Coordination
</header>
<text>
In carrying out this section, eligible agencies shall coordinate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a).
</text>
</subsection>
<subsection id="H73677CE09DF94FE9BE79D610A2BD479F">
<enum>
(c)
</enum>
<header>
State-Imposed requirements
</header>
<text>
Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area.
</text>
</subsection>
</section>
<section id="H65A9F2678276485F973B8858A6D750BD">
<enum>
224.
</enum>
<header>
State plan
</header>
<subsection id="HE6343ECD3993457BB0AFC50EB35A549D">
<enum>
(a)
</enum>
<header>
3-Year plans
</header>
<paragraph id="HC8D8C54F9DE643E387F08E8520D27F94">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Each eligible agency desiring a grant under this title for any fiscal year shall submit to, or have on file with, the Secretary a 3-year State plan.
</text>
</paragraph>
<paragraph id="H7349815ACB184D0F980D7D5FCC9CE87F">
<enum>
(2)
</enum>
<header>
State unified plan
</header>
<text>
The eligible agency may submit the State plan as part of a State unified plan described in section 501.
</text>
</paragraph>
</subsection>
<subsection id="HF969D2BE7B8F4D06A7D4119038B22792">
<enum>
(b)
</enum>
<header>
Plan contents
</header>
<text>
The eligible agency shall include in the State plan or any revisions to the State plan—
</text>
<paragraph id="H7A8C05E297E4447EB0CCE290E394DDAB">
<enum>
(1)
</enum>
<text>
an objective assessment of the needs of individuals in the State or outlying area for adult education and family literacy education programs, including individuals most in need or hardest to serve;
</text>
</paragraph>
<paragraph id="H3C5AE1CE8CFF41F3A81684B0AE189D04">
<enum>
(2)
</enum>
<text>
a description of the adult education and family literacy education programs that will be carried out with funds received under this title;
</text>
</paragraph>
<paragraph id="H6288A1D2233E4692BADC82F43C286E3D">
<enum>
(3)
</enum>
<text>
an assurance that the funds received under this title will not be expended for any purpose other than for activities under this title;
</text>
</paragraph>
<paragraph id="HF2DF356828F54EBE9375F6FDCB62E644">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
a description of how the eligible agency will annually evaluate and measure the effectiveness and improvement of the adult education and family literacy education programs funded under this title using the indicators of performance described in section 136, including how the eligible agency will conduct such annual evaluations and measures for each grant received under this title;
</text>
</paragraph>
<paragraph id="H2A06A0F93BBC49BEAF3CA0B7D64617CB">
<enum>
(5)
</enum>
<text>
a description of how the eligible agency will fund local activities in accordance with the measurable goals described in section 231(d);
</text>
</paragraph>
<paragraph id="HB982388CF5234E98A0E61471DB9641B6">
<enum>
(6)
</enum>
<text>
an assurance that the eligible agency will expend the funds under this title only in a manner consistent with fiscal requirements in section 241;
</text>
</paragraph>
<paragraph id="H6436361ABFD64DFBBBB070E7764715F0">
<enum>
(7)
</enum>
<text>
a description of the process that will be used for public participation and comment with respect to the State plan, which—
</text>
<subparagraph id="H7995D2CAADCC4E47BD2E452AB7DE5F5B">
<enum>
(A)
</enum>
<text>
shall include consultation with the State workforce investment board, the State board responsible for administering community or technical colleges, the Governor, the State educational agency, the State board or agency responsible for administering block grants for temporary assistance to needy families under title IV of the Social Security Act, the State council on disabilities, the State vocational rehabilitation agency, and other State agencies that promote the improvement of adult education and family literacy education programs, and direct providers of such programs; and
</text>
</subparagraph>
<subparagraph id="H960CB619ADBF419FA380B4B9014D256D">
<enum>
(B)
</enum>
<text>
may include consultation with the State agency on higher education, institutions responsible for professional development of adult education and family literacy education programs instructors, representatives of business and industry, refugee assistance programs, and faith-based organizations;
</text>
</subparagraph>
</paragraph>
<paragraph id="H1FF1564F7763447290D33703792F54F2">
<enum>
(8)
</enum>
<text>
a description of the eligible agency’s strategies for serving populations that include, at a minimum—
</text>
<subparagraph id="H0A873E7682894956A6F4B3DCE02083B3">
<enum>
(A)
</enum>
<text>
low-income individuals;
</text>
</subparagraph>
<subparagraph id="H1D2A1757887240E4B1A18BFEB2B7F44A">
<enum>
(B)
</enum>
<text>
individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="HB574E14753B94644873E88B1DA93AF26">
<enum>
(C)
</enum>
<text>
the unemployed;
</text>
</subparagraph>
<subparagraph id="HA0F49CF188A74677B081AE2EC644E804">
<enum>
(D)
</enum>
<text>
the underemployed; and
</text>
</subparagraph>
<subparagraph id="H60F169A177EE4502AC95B8E82F75B76D">
<enum>
(E)
</enum>
<text>
individuals with multiple barriers to educational enhancement, including English learners;
</text>
</subparagraph>
</paragraph>
<paragraph id="HE9E44AAF23994A65BB43026B91CE5AFE">
<enum>
(9)
</enum>
<text>
a description of how the adult education and family literacy education programs that will be carried out with any funds received under this title will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency;
</text>
</paragraph>
<paragraph id="H6C44EC88B1BD4A69B86097236559446A">
<enum>
(10)
</enum>
<text>
a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 231(c)(1), including—
</text>
<subparagraph id="HD52793169C0F4E5AAD45347CA4B64E12">
<enum>
(A)
</enum>
<text>
how the State will build the capacity of community-based and faith-based organizations to provide adult education and family literacy education programs; and
</text>
</subparagraph>
<subparagraph id="HE99B0559CA3F4B889C18CEF6ACA54F6E">
<enum>
(B)
</enum>
<text>
how the State will increase the participation of business and industry in adult education and family literacy education programs;
</text>
</subparagraph>
</paragraph>
<paragraph id="H1751376A0F0E480CAA6050B141B3ED4D">
<enum>
(11)
</enum>
<text>
an assessment of the adequacy of the system of the State or outlying area to ensure teacher quality and a description of how the State or outlying area will use funds received under this subtitle to improve teacher quality, including evidence-based professional development to improve instruction; and
</text>
</paragraph>
<paragraph id="HF7924B0DED0A44AFA844D5E3118D6AD9">
<enum>
(12)
</enum>
<text>
a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs.
</text>
</paragraph>
</subsection>
<subsection id="H3E3AACFCD4BC40059CB6D77DEAB17329">
<enum>
(c)
</enum>
<header>
Plan revisions
</header>
<text>
When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions of the State plan to the Secretary.
</text>
</subsection>
<subsection id="HAB28615BA1624A3DB5C50D167CA94840">
<enum>
(d)
</enum>
<header>
Consultation
</header>
<text>
The eligible agency shall—
</text>
<paragraph id="H2B54D25CF50F4FE6BFB745638C538884">
<enum>
(1)
</enum>
<text>
submit the State plan, and any revisions to the State plan, to the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, or outlying area for review and comment; and
</text>
</paragraph>
<paragraph id="HEA735CCD7C15470EB070BEF4BAAAAE7A">
<enum>
(2)
</enum>
<text>
ensure that any comments regarding the State plan by the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, and any revision to the State plan, are submitted to the Secretary.
</text>
</paragraph>
</subsection>
<subsection id="H9470439A7A224093A8B4CF43BC628D4C">
<enum>
(e)
</enum>
<header>
Plan approval
</header>
<text>
The Secretary shall—
</text>
<paragraph id="HE8AE994C9DAE45D6A87FC9258FBE12A0">
<enum>
(1)
</enum>
<text>
approve a State plan within 90 days after receiving the plan unless the Secretary makes a written determination within 30 days after receiving the plan that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and
</text>
</paragraph>
<paragraph id="H90447C1064064C7C8DC0FF210631425B">
<enum>
(2)
</enum>
<text>
not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (3), to review the plan and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle.
</text>
</paragraph>
</subsection>
</section>
<section id="H998DFC353D42410A9874DFF1E776BCB9">
<enum>
225.
</enum>
<header>
Programs for corrections education and other institutionalized individuals
</header>
<subsection id="H856EDD4D3C344C1BAE1BA771E3E26749">
<enum>
(a)
</enum>
<header>
Program authorized
</header>
<text>
From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals.
</text>
</subsection>
<subsection id="HC8FF6EFEC80942129C76C4B5399394B0">
<enum>
(b)
</enum>
<header>
Uses of funds
</header>
<text>
The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for—
</text>
<paragraph id="H44DA9BAAD4DD420A8AF1307B0BB49A1D">
<enum>
(1)
</enum>
<text>
basic skills education;
</text>
</paragraph>
<paragraph id="H9B76C42B22504529ADC39509F56CB1F2">
<enum>
(2)
</enum>
<text>
special education programs as determined by the eligible agency;
</text>
</paragraph>
<paragraph id="H0A28CF7D75F2413F9621DC7F20BB16D0">
<enum>
(3)
</enum>
<text>
reading, writing, speaking, and math programs;
</text>
</paragraph>
<paragraph id="HA99E61463A79449D9FE7870315D7B0C2">
<enum>
(4)
</enum>
<text>
secondary school credit or diploma programs or their recognized equivalent; and
</text>
</paragraph>
<paragraph id="H6B5CDEC9B37E4129B92D50CE9DC13017">
<enum>
(5)
</enum>
<text>
integrated education and training.
</text>
</paragraph>
</subsection>
<subsection id="HAF5BBEC415EA4D138CB0124701B5345F">
<enum>
(c)
</enum>
<header>
Priority
</header>
<text>
Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program.
</text>
</subsection>
<subsection id="H560F7B579C8A47E1BF9E4C9589396FC1">
<enum>
(d)
</enum>
<header>
Definitions
</header>
<text>
For purposes of this section:
</text>
<paragraph id="HD48DFEC3A48948E2B3CDA4C0743B7562">
<enum>
(1)
</enum>
<header>
Correctional institution
</header>
<text>
The term
<term>
correctional institution
</term>
means any—
</text>
<subparagraph id="HBB8BDA3741304758B51897611BCF975D">
<enum>
(A)
</enum>
<text>
prison;
</text>
</subparagraph>
<subparagraph id="H49E34C01C07D4F54B6FB4FF7F494447C">
<enum>
(B)
</enum>
<text>
jail;
</text>
</subparagraph>
<subparagraph id="H68974E7C45C149AAB75D88620A1752B5">
<enum>
(C)
</enum>
<text>
reformatory;
</text>
</subparagraph>
<subparagraph id="HD696A552963740FDBC20E333DDEA6012">
<enum>
(D)
</enum>
<text>
work farm;
</text>
</subparagraph>
<subparagraph id="H85BBE8CECABA4F0AB475C86D19EFDB7F">
<enum>
(E)
</enum>
<text>
detention center; or
</text>
</subparagraph>
<subparagraph id="HBF86E93CD268458793E53A1F4535E541">
<enum>
(F)
</enum>
<text>
halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF4932D0EF70741D1B5F719662D00A57F">
<enum>
(2)
</enum>
<header>
Criminal offender
</header>
<text>
The term
<term>
criminal offender
</term>
means any individual who is charged with, or convicted of, any criminal offense.
</text>
</paragraph>
</subsection>
</section>
</subtitle>
<subtitle id="HCD51D73124174B649F07072E98963900">
<enum>
C
</enum>
<header>
Local Provisions
</header>
<section id="H583831F4459145338664754E3FFE8FDE">
<enum>
231.
</enum>
<header>
Grants and contracts for eligible providers
</header>
<subsection id="H1193E2BBE26841679626C6FBD0058E7C">
<enum>
(a)
</enum>
<header>
Grants and contracts
</header>
<text>
From grant funds made available under section 222(a)(1), each eligible agency shall award multi-year grants or contracts, on a competitive basis, to eligible providers within the State or outlying area that meet the conditions and requirements of this title to enable the eligible providers to develop, implement, and improve adult education and family literacy education programs within the State.
</text>
</subsection>
<subsection id="H39729EA28A7948A2A0653C3E4070486B">
<enum>
(b)
</enum>
<header>
Local activities
</header>
<text>
The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to establish or operate—
</text>
<paragraph id="H666607AFE9A74B868506A3F38E96FFB6">
<enum>
(1)
</enum>
<text>
programs that provide adult education and literacy activities;
</text>
</paragraph>
<paragraph id="H19963EF45F674CCE81A76495DF567732">
<enum>
(2)
</enum>
<text>
programs that provide integrated employment and training activities; or
</text>
</paragraph>
<paragraph id="HE43C11557B7D4FC78192737973D825F2">
<enum>
(3)
</enum>
<text>
credit-bearing postsecondary coursework.
</text>
</paragraph>
</subsection>
<subsection id="HB04E246C4EDC432A9D9C5EF31C548B3E">
<enum>
(c)
</enum>
<header>
Direct and equitable access; same process
</header>
<text>
Each eligible agency receiving funds under this title shall ensure that—
</text>
<paragraph id="H42F7DA9E5FA0402FA89F7A57A63D9612">
<enum>
(1)
</enum>
<text>
all eligible providers have direct and equitable access to apply for grants or contracts under this section; and
</text>
</paragraph>
<paragraph id="HBE604E3A44F54C11A7255658B5CDEBFC">
<enum>
(2)
</enum>
<text>
the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area.
</text>
</paragraph>
</subsection>
<subsection id="HF53181F0921D40578615741849134D69">
<enum>
(d)
</enum>
<header>
Measurable goals
</header>
<text>
The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to demonstrate—
</text>
<paragraph id="HBB4D321B3987480B852808CD232EC417">
<enum>
(1)
</enum>
<text>
the eligible provider’s measurable goals for participant outcomes to be achieved annually on the core indicators of performance described in section 136(b)(2)(A);
</text>
</paragraph>
<paragraph id="H8A977A80F4B248CCB0249F984A7EAB3D">
<enum>
(2)
</enum>
<text>
the past effectiveness of the eligible provider in improving the basic academic skills of adults and, for eligible providers receiving grants in the prior year, the success of the eligible provider receiving funding under this title in exceeding its performance goals in the prior year;
</text>
</paragraph>
<paragraph id="H02F13BF36C154B2499A01AF2BF767235">
<enum>
(3)
</enum>
<text>
the commitment of the eligible provider to serve individuals in the community who are the most in need of basic academic skills instruction services, including individuals with disabilities and individuals who are low-income or have minimal reading, writing, speaking, and math skills, or are English learners;
</text>
</paragraph>
<paragraph id="HC7BD740F9FF34695A23EC290EC7A3E5E">
<enum>
(4)
</enum>
<text>
the program is of sufficient intensity and quality for participants to achieve substantial learning gains;
</text>
</paragraph>
<paragraph id="HCED44CCAAD424605AE8650F12AB22B61">
<enum>
(5)
</enum>
<text>
educational practices are evidence-based;
</text>
</paragraph>
<paragraph id="H65BD0BA7AE3D4C3B98383CF18E19E8AD">
<enum>
(6)
</enum>
<text>
the activities of the eligible provider effectively employ advances in technology, and delivery systems including distance education;
</text>
</paragraph>
<paragraph id="H0B909BF80AA04323818E6B576E8566D1">
<enum>
(7)
</enum>
<text>
the activities provide instruction in real-life contexts, including integrated education and training when appropriate, to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship;
</text>
</paragraph>
<paragraph id="HBB5066709960442E804DDA29771A2B88">
<enum>
(8)
</enum>
<text>
the activities are staffed by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the State;
</text>
</paragraph>
<paragraph id="H0E899BA4C53145D09D041180F4361B2A">
<enum>
(9)
</enum>
<text>
the activities are coordinated with other available resources in the community, such as through strong links with elementary schools and secondary schools, postsecondary educational institutions, local workforce investment boards, one-stop centers, job training programs, community-based and faith-based organizations, and social service agencies;
</text>
</paragraph>
<paragraph id="H244F4F27907B4B91864FF6220B04EDFB">
<enum>
(10)
</enum>
<text>
the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs;
</text>
</paragraph>
<paragraph id="HD51F43C3A0034F35A750A7407793FF41">
<enum>
(11)
</enum>
<text>
the activities include a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and to monitor program performance;
</text>
</paragraph>
<paragraph id="HB8FBAC89BA0C44C3AF669C5CD661A77D">
<enum>
(12)
</enum>
<text>
the local communities have a demonstrated need for additional English language acquisition programs, and integrated education and training programs;
</text>
</paragraph>
<paragraph id="H07919CCED8714FDBBB6F2DBB56425B96">
<enum>
(13)
</enum>
<text>
the capacity of the eligible provider to produce valid information on performance results, including enrollments and measurable participant outcomes;
</text>
</paragraph>
<paragraph id="HA54A5C8EEE1642C9ADD02075A5884456">
<enum>
(14)
</enum>
<text>
adult education and family literacy education programs offer rigorous reading, writing, speaking, and math content that are evidence based; and
</text>
</paragraph>
<paragraph id="H4E44A2EE33F4407B998EB133E346FD45">
<enum>
(15)
</enum>
<text>
applications of technology, and services to be provided by the eligible providers, are of sufficient intensity and duration to increase the amount and quality of learning and lead to measurable learning gains within specified time periods.
</text>
</paragraph>
</subsection>
<subsection id="HF0B7D172CB994A8E948C8FF8E9C58976">
<enum>
(e)
</enum>
<header>
Special rule
</header>
<text>
Eligible providers may use grant funds under this title to serve children participating in family literacy programs assisted under this part, provided that other sources of funds available to provide similar services for such children are used first.
</text>
</subsection>
</section>
<section id="H9DBF9AA99E7E4E798B203326FD90DEFC">
<enum>
232.
</enum>
<header>
Local application
</header>
<text display-inline="no-display-inline">
Each eligible provider desiring a grant or contract under this title shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including—
</text>
<paragraph id="H9143FAA1C72248628AB6F4402D5816C3">
<enum>
(1)
</enum>
<text>
a description of how funds awarded under this title will be spent consistent with the requirements of this title;
</text>
</paragraph>
<paragraph id="HB303DE5594EE42799C613F2F3C4C5D0E">
<enum>
(2)
</enum>
<text>
a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and family literacy education programs; and
</text>
</paragraph>
<paragraph id="H3BC70D1BAAEA43C39F03D62933E82DC3">
<enum>
(3)
</enum>
<text>
each of the demonstrations required by section 231(d).
</text>
</paragraph>
</section>
<section id="H96235B7033B64988BD1E9B15DE5B251F">
<enum>
233.
</enum>
<header>
Local administrative cost limits
</header>
<subsection id="HCB3545C6F038440EBFFFA1C271AA21F0">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Subject to subsection (b), of the amount that is made available under this title to an eligible provider—
</text>
<paragraph id="H127C2F75EE41456A9CCCFFB03AE90853">
<enum>
(1)
</enum>
<text>
at least 95 percent shall be expended for carrying out adult education and family literacy education programs; and
</text>
</paragraph>
<paragraph id="HBF7298D0A100432C97BA339BD4222FB3">
<enum>
(2)
</enum>
<text>
the remaining amount shall be used for planning, administration, personnel and professional development, development of measurable goals in reading, writing, speaking, and math, and interagency coordination.
</text>
</paragraph>
</subsection>
<subsection id="H2F35CEC4874A4A989B986ED4239853D0">
<enum>
(b)
</enum>
<header>
Special rule
</header>
<text>
In cases where the cost limits described in subsection (a) are too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the eligible provider may negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes.
</text>
</subsection>
</section>
</subtitle>
<subtitle id="H1AE2E3E6E2334A6BA13FD4D259A20AD1">
<enum>
D
</enum>
<header>
General Provisions
</header>
<section id="HBD86510357B84196958750B2BCD725C0">
<enum>
241.
</enum>
<header>
Administrative provisions
</header>
<text display-inline="no-display-inline">
Funds made available for adult education and family literacy education programs under this title shall supplement and not supplant other State or local public funds expended for adult education and family literacy education programs.
</text>
</section>
<section id="H5E1AABDFBC0A4BD8A56DD8BC770ECD5B">
<enum>
242.
</enum>
<header>
National activities
</header>
<text display-inline="no-display-inline">
The Secretary shall establish and carry out a program of national activities that may include the following:
</text>
<paragraph id="H2FA177F773BD4DD6B43289BF35C92CA6">
<enum>
(1)
</enum>
<text>
Providing technical assistance to eligible entities, on request, to—
</text>
<subparagraph id="H27A6C457A1C246008249FCB27E48DA46">
<enum>
(A)
</enum>
<text>
improve their fiscal management, research-based instruction, and reporting requirements to carry out the requirements of this title;
</text>
</subparagraph>
<subparagraph id="H97698780D787445E9A79A9C9B5C9FD56">
<enum>
(B)
</enum>
<text>
improve its performance on the core indicators of performance described in section 136;
</text>
</subparagraph>
<subparagraph id="H734454764E764D8195409FD0AB6B3BCB">
<enum>
(C)
</enum>
<text>
provide adult education professional development; and
</text>
</subparagraph>
<subparagraph id="HA3E95197FF8A46BC81E5DA2E8E3A0D29">
<enum>
(D)
</enum>
<text>
use distance education and improve the application of technology in the classroom, including instruction in English language acquisition for English learners.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0DF6CE62A42B42508267BB209B8087A2">
<enum>
(2)
</enum>
<text>
Providing for the conduct of research on national literacy basic skill acquisition levels among adults, including the number of adult English learners functioning at different levels of reading proficiency.
</text>
</paragraph>
<paragraph id="H17526A958B4B412D81896BA87C9FF8A2">
<enum>
(3)
</enum>
<text>
Improving the coordination, efficiency, and effectiveness of adult education and workforce development services at the national, State, and local levels.
</text>
</paragraph>
<paragraph id="HC4D49F0DD85D4284890ED0C7EF99B636">
<enum>
(4)
</enum>
<text>
Determining how participation in adult education, English language acquisition, and family literacy education programs prepares individuals for entry into and success in postsecondary education and employment, and in the case of prison-based services, the effect on recidivism.
</text>
</paragraph>
<paragraph id="HF9454C56A5B84D7A947AF5DB0E38FDBF">
<enum>
(5)
</enum>
<text>
Evaluating how different types of providers, including community and faith-based organizations or private for-profit agencies measurably improve the skills of participants in adult education, English language acquisition, and family literacy education programs.
</text>
</paragraph>
<paragraph id="H9C914515000C4E5A92736695C9036FBA">
<enum>
(6)
</enum>
<text>
Identifying model integrated basic and workplace skills education programs, including programs for English learners coordinated literacy and employment services, and effective strategies for serving adults with disabilities.
</text>
</paragraph>
<paragraph id="H0F9608F654994B48945062FBB6F78EFF">
<enum>
(7)
</enum>
<text>
Initiating other activities designed to improve the measurable quality and effectiveness of adult education, English language acquisition, and family literacy education programs nationwide.
</text>
</paragraph>
</section>
</subtitle>
</title>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</title>
<title id="HB3E4976A326C4B8FA9E768207706507A">
<enum>
III
</enum>
<header>
AMENDMENTS TO THE WAGNER-PEYSER ACT
</header>
<section id="H97899F4862394D828601C76A133540B9">
<enum>
301.
</enum>
<header>
Amendments to the Wagner-Peyser Act
</header>
<text display-inline="no-display-inline">
The Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) is amended by amending section 15 to read as follows:
</text>
<quoted-block id="H9A64D7E9F6024C9592C9898DC4258A21" style="OLC">
<section id="H1A72E9624E6E464E8F1FF961FC32BF48">
<enum>
15.
</enum>
<header>
Workforce and labor market information system
</header>
<subsection id="H3DE635AD5EA1456892FB7876EC51F315">
<enum>
(a)
</enum>
<header>
System content
</header>
<paragraph id="HCE1720191C454250AC1DC9CABCE4CE9A">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Secretary of Labor, in accordance with the provisions of this section, shall oversee the development, maintenance, and continuous improvement of a nationwide workforce and labor market information system that includes—
</text>
<subparagraph id="HDB0C37F1994E47EB9A1F08B49B69A6FC">
<enum>
(A)
</enum>
<text>
statistical data from cooperative statistical survey and projection programs and data from administrative reporting systems that, taken together, enumerate, estimate, and project employment opportunities and conditions at national, State, and local levels in a timely manner, including statistics on—
</text>
<clause id="H98262D37507F428381F74B80BAB0CD21">
<enum>
(i)
</enum>
<text>
employment and unemployment status of national, State, and local populations, including self-employed, part-time, and seasonal workers;
</text>
</clause>
<clause id="H742FA57FC1DB485387B3C62DF5E8E4F3">
<enum>
(ii)
</enum>
<text>
industrial distribution of occupations, as well as current and projected employment opportunities, wages, benefits (where data is available), and skill trends by occupation and industry, with particular attention paid to State and local conditions;
</text>
</clause>
<clause id="HE6320D14E8684455B97EDDECFE8C268E">
<enum>
(iii)
</enum>
<text>
the incidence of, industrial and geographical location of, and number of workers displaced by, permanent layoffs and plant closings; and
</text>
</clause>
<clause id="H883C50D224BC4BBD99695F62B5747C74">
<enum>
(iv)
</enum>
<text>
employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation;
</text>
</clause>
</subparagraph>
<subparagraph id="HECF0BC93B8864772A537C571ADB1524E">
<enum>
(B)
</enum>
<text>
information on State and local employment opportunities, and other appropriate statistical data related to labor market dynamics, which—
</text>
<clause id="H96869623F9ED49808E270458BF984E29">
<enum>
(i)
</enum>
<text>
shall be current and comprehensive;
</text>
</clause>
<clause id="H8EC3193512414B4C89592694A4925DF0">
<enum>
(ii)
</enum>
<text>
shall meet the needs identified through the consultations described in subparagraphs (A) and (B) of subsection (e)(2); and
</text>
</clause>
<clause id="HEF9DB4C834564D969A4788F6C90F7B76">
<enum>
(iii)
</enum>
<text>
shall meet the needs for the information identified in section 121;
</text>
</clause>
</subparagraph>
<subparagraph id="H9BA3B6F97B5043DA82B7C99ACE9F24A0">
<enum>
(C)
</enum>
<text>
technical standards (which the Secretary shall publish annually) for data and information described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/44/35">
chapter 35
</external-xref>
of title 44, United States Code;
</text>
</subparagraph>
<subparagraph id="HBDDA95E27BCF4609B2EBDEFC9E8F5081">
<enum>
(D)
</enum>
<text>
procedures to ensure compatibility and additivity of the data and information described in subparagraphs (A) and (B) from national, State, and local levels;
</text>
</subparagraph>
<subparagraph id="H598C8CCBC0C04923B7C85884D7524631">
<enum>
(E)
</enum>
<text>
procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph (A) of employment-related programs;
</text>
</subparagraph>
<subparagraph id="H71E0118AA84246959FBA4E0E837C58A4">
<enum>
(F)
</enum>
<text>
analysis of data and information described in subparagraphs (A) and (B) for uses such as—
</text>
<clause id="HD94041A4A718428694E11D1005569460">
<enum>
(i)
</enum>
<text>
national, State, and local policymaking;
</text>
</clause>
<clause id="H58A6B271AB2E4BF2B5F3A889C8D5EEF6">
<enum>
(ii)
</enum>
<text>
implementation of Federal policies (including allocation formulas);
</text>
</clause>
<clause id="H3F39C7F0982E4FBDA25CFE157BFFCB5C">
<enum>
(iii)
</enum>
<text>
program planning and evaluation; and
</text>
</clause>
<clause id="H966BB4EF926C472D99F34D4D135CF0BB">
<enum>
(iv)
</enum>
<text>
researching labor market dynamics;
</text>
</clause>
</subparagraph>
<subparagraph id="H0C91D2DA552149538A81B35D26B42536">
<enum>
(G)
</enum>
<text>
wide dissemination of such data, information, and analysis in a user-friendly manner and voluntary technical standards for dissemination mechanisms; and
</text>
</subparagraph>
<subparagraph id="HB6B5971DAC9D4D0E985150B25AB1464A">
<enum>
(H)
</enum>
<text>
programs of—
</text>
<clause id="HE6C90ADAD19F4800A15FEAEB1649B03F">
<enum>
(i)
</enum>
<text>
training for effective data dissemination;
</text>
</clause>
<clause id="HCED053EC51234DE8AD848C3710204604">
<enum>
(ii)
</enum>
<text>
research and demonstration; and
</text>
</clause>
<clause id="H014C18FD03E04BC99DF973CA16CAD23A">
<enum>
(iii)
</enum>
<text>
programs and technical assistance.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HBE3874080F964253BE3A821CED58714E">
<enum>
(2)
</enum>
<header>
Information to be confidential
</header>
<subparagraph id="H18E6A2070A7D437A97A9D9E73260655C">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
No officer or employee of the Federal Government or agent of the Federal Government may—
</text>
<clause id="H87C87E1D4B914D4BAED385FF33BD2959">
<enum>
(i)
</enum>
<text>
use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes for which the submission is furnished;
</text>
</clause>
<clause id="HEE49DE13E3064E7094A47B4FBC0DE059">
<enum>
(ii)
</enum>
<text>
disclose to the public any publication or media transmittal of the data contained in the submission described in clause (i) that permits information concerning an individual subject to be reasonably inferred by either direct or indirect means; or
</text>
</clause>
<clause id="H3D25B7A22738473496C14BF70F4C193A">
<enum>
(iii)
</enum>
<text>
permit anyone other than a sworn officer, employee, or agent of any Federal department or agency, or a contractor (including an employee of a contractor) of such department or agency, to examine an individual submission described in clause (i),
</text>
</clause>
<continuation-text continuation-text-level="subparagraph">
without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission.
</continuation-text>
</subparagraph>
<subparagraph id="H5595E79363C84E2EB5FDEA8CF81A7C77">
<enum>
(B)
</enum>
<header>
Immunity from legal process
</header>
<text>
Any submission (including any data derived from the submission) that is collected and retained by a Federal department or agency, or an officer, employee, agent, or contractor of such a department or agency, for exclusively statistical purposes under this section shall be immune from the legal process and shall not, without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding.
</text>
</subparagraph>
<subparagraph id="H898C59486B3D4B97B35B56255CEA33E3">
<enum>
(C)
</enum>
<header>
Rule of construction
</header>
<text>
Nothing in this section shall be construed to provide immunity from the legal process for such submission (including any data derived from the submission) if the submission is in the possession of any person, agency, or entity other than the Federal Government or an officer, employee, agent, or contractor of the Federal Government, or if the submission is independently collected, retained, or produced for purposes other than the purposes of this Act.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HC25852DB240641AB9B4D4D68FEAA4D3A">
<enum>
(b)
</enum>
<header>
System responsibilities
</header>
<paragraph id="HC895D850B11F480398A10D8598152AE5">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The workforce and labor market information system described in subsection (a) shall be planned, administered, overseen, and evaluated through a cooperative governance structure involving the Federal Government and States.
</text>
</paragraph>
<paragraph id="HC4DD032C04CF4F1FB7E805B9C56BC9BB">
<enum>
(2)
</enum>
<header>
Duties
</header>
<text>
The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties:
</text>
<subparagraph id="HA8137D63AD714E69AE3DFCBCCEEEBB7B">
<enum>
(A)
</enum>
<text>
Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that all statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions.
</text>
</subparagraph>
<subparagraph id="H6C7A85510D954275B80C47EAEB72BEE4">
<enum>
(B)
</enum>
<text>
Actively seek the cooperation of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities.
</text>
</subparagraph>
<subparagraph id="HAB34CC7DE174454199BE8E3BB25BD5A6">
<enum>
(C)
</enum>
<text>
Eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority.
</text>
</subparagraph>
<subparagraph id="H666CC9DC29274E0080BA244189B26DCB">
<enum>
(D)
</enum>
<text>
In collaboration with the Bureau of Labor Statistics and States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1).
</text>
</subparagraph>
<subparagraph id="H3D6ACF02E9334676BF542B6AA9EDCC2D">
<enum>
(E)
</enum>
<text>
Establish procedures for the system to ensure that—
</text>
<clause id="HFDD9482B9446416EAA86AB9163DBFB82">
<enum>
(i)
</enum>
<text>
such data and information are timely;
</text>
</clause>
<clause id="H7D307A4EE1694EFFB7E0243342873BC5">
<enum>
(ii)
</enum>
<text>
paperwork and reporting for the system are reduced to a minimum; and
</text>
</clause>
<clause id="H6510C5F7065C409E9DDB1C68F8912861">
<enum>
(iii)
</enum>
<text>
States and localities are fully involved in the development and continuous improvement of the system at all levels.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HF89023CDAF564F7C931FB928B1E6AA9C">
<enum>
(c)
</enum>
<header>
National electronic tools To provide services
</header>
<text>
The Secretary is authorized to assist in the development of national electronic tools that may be used to facilitate the delivery of work ready services described in section 134(c)(2) and to provide workforce information to individuals through the one-stop delivery systems described in section 121 and through other appropriate delivery systems.
</text>
</subsection>
<subsection id="HC4242684BC104654972327D6977664DB">
<enum>
(d)
</enum>
<header>
Coordination with the states
</header>
<paragraph id="H00FAC35D459B4B399FE991BC7BEE9F8C">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Secretary, working through the Bureau of Labor Statistics and the Employment and Training Administration, shall regularly consult with representatives of State agencies carrying out workforce information activities regarding strategies for improving the workforce and labor market information system.
</text>
</paragraph>
<paragraph id="H086BCEC83DF44EA9A9D4FD2B56E4C5A7">
<enum>
(2)
</enum>
<header>
Formal consultations
</header>
<text>
At least twice each year, the Secretary, working through the Bureau of Labor Statistics, shall conduct formal consultations regarding programs carried out by the Bureau of Labor Statistics with representatives of each of the Federal regions of the Bureau of Labor Statistics, elected (pursuant to a process established by the Secretary) from the State directors affiliated with State agencies that perform the duties described in subsection (e)(2).
</text>
</paragraph>
</subsection>
<subsection id="H39E00A8C03184FFCB98B253D1B5C65E8">
<enum>
(e)
</enum>
<header>
State responsibilities
</header>
<paragraph id="H8F200F9CBC024B2BA22B9339ACCD9BE5">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
In order to receive Federal financial assistance under this section, the Governor of a State shall—
</text>
<subparagraph id="HD14A18F5773B46C2B6038C6FF71AEA9D">
<enum>
(A)
</enum>
<text>
be responsible for the management of the portions of the workforce and labor market information system described in subsection (a) that comprise a statewide workforce and labor market information system and for the State’s participation in the development of the annual plan;
</text>
</subparagraph>
<subparagraph id="HCBB8F68898B74DCFB2E78DAF6BE03B69">
<enum>
(B)
</enum>
<text>
establish a process for the oversight of such system;
</text>
</subparagraph>
<subparagraph id="H5FB3DB4B56B448E5928B98726F8A34A4">
<enum>
(C)
</enum>
<text>
consult with State and local employers, participants, and local workforce investment boards about the labor market relevance of the data to be collected and disseminated through the statewide workforce and labor market information system;
</text>
</subparagraph>
<subparagraph id="H449E073CBDBF48A8881BE433B63C0793">
<enum>
(D)
</enum>
<text>
consult with State educational agencies and local educational agencies concerning the provision of employment statistics in order to meet the needs of secondary school and postsecondary school students who seek such information;
</text>
</subparagraph>
<subparagraph id="H8839251D4E6F46B6AE343D9EFCB8E580">
<enum>
(E)
</enum>
<text>
collect and disseminate for the system, on behalf of the State and localities in the State, the information and data described in subparagraphs (A) and (B) of subsection (a)(1);
</text>
</subparagraph>
<subparagraph id="HDAB4A7CD30DB4AB6814F79F94D163A66">
<enum>
(F)
</enum>
<text>
maintain and continuously improve the statewide workforce and labor market information system in accordance with this section;
</text>
</subparagraph>
<subparagraph id="H7553B9F428A4462E85C3E04E2EDC8AEF">
<enum>
(G)
</enum>
<text>
perform contract and grant responsibilities for data collection, analysis, and dissemination for such system;
</text>
</subparagraph>
<subparagraph id="HAA15C0A93C0048229F04CA9CFCF97EE4">
<enum>
(H)
</enum>
<text>
conduct such other data collection, analysis, and dissemination activities as will ensure an effective statewide workforce and labor market information system;
</text>
</subparagraph>
<subparagraph id="H05EEA71FC4D64120A9B6DDE16191BAE1">
<enum>
(I)
</enum>
<text>
actively seek the participation of other State and local agencies in data collection, analysis, and dissemination activities in order to ensure complementarity, compatibility, and usefulness of data;
</text>
</subparagraph>
<subparagraph id="H76750FF915EF494BB2785B95877FC0F1">
<enum>
(J)
</enum>
<text>
participate in the development of the annual plan described in subsection (c); and
</text>
</subparagraph>
<subparagraph id="H32377D3BC2C14F44B6AE8BBC944425A2">
<enum>
(K)
</enum>
<text>
utilize the quarterly records described in section 136(f)(2) to assist the State and other States in measuring State progress on State performance measures.
</text>
</subparagraph>
</paragraph>
<paragraph id="H54BFD9ED8DC546AD87968F63806E0887">
<enum>
(2)
</enum>
<header>
Rule of construction
</header>
<text>
Nothing in this section shall be construed as limiting the ability of a Governor to conduct additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this section.
</text>
</paragraph>
</subsection>
<subsection id="H1CF635A5589B4384A29D58F432FB4B77">
<enum>
(f)
</enum>
<header>
Nonduplication requirement
</header>
<text>
None of the functions and activities carried out pursuant to this section shall duplicate the functions and activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2301">
20 U.S.C. 2301 et seq.
</external-xref>
).
</text>
</subsection>
<subsection id="HFFD881E5D23E443D808DC4CA186F3D02">
<enum>
(g)
</enum>
<header>
Authorization of appropriations
</header>
<text>
There are authorized to be appropriated to carry out this section $63,473,000 for fiscal year 2014 and each of the 6 succeeding fiscal years.
</text>
</subsection>
<subsection id="H59F6702D554148A683E62A964AC30251">
<enum>
(h)
</enum>
<header>
Definition
</header>
<text>
In this section, the term
<term>
local area
</term>
means the smallest geographical area for which data can be produced with statistical reliability.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</title>
<title id="HC2B8134003EE4ABBA495F23A05A6C5B4">
<enum>
IV
</enum>
<header>
REPEALS AND CONFORMING AMENDMENTS
</header>
<section id="HD884A361219F4C7F9C0B0464BCA9A83D">
<enum>
401.
</enum>
<header>
Repeals
</header>
<text display-inline="no-display-inline">
The following provisions are repealed:
</text>
<paragraph id="HD2D768E37B6E474F904B7D2A482E5649">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
Chapter 4 of subtitle B of title I, and sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503, and 506 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of the SKILLS Act.
</text>
</paragraph>
<paragraph id="H027F0890B4404A7782012C329A4B74D1">
<enum>
(2)
</enum>
<text>
Title V of the Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056">
42 U.S.C. 3056 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="HB1E624EE83E047D8B552FA5609C3D77C">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
Sections 1 through 14 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="HFCDB4727B86F4DD98B187C6C8895ECA1">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
Twenty-First Century Workforce Commission Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2701">
29 U.S.C. 2701
</external-xref>
note).
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="H4F9A2865EF1546CC86345E1EDBC4F705">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
Public Law 91–378,
<external-xref legal-doc="usc" parsable-cite="usc/16/1701">
16 U.S.C. 1701 et seq.
</external-xref>
(popularly known as the
<quote>
Youth Conservation Corps Act of 1970
</quote>
).
</text>
</paragraph>
<paragraph id="H601722181EE04EBAA4490F89F48016C4">
<enum>
(6)
</enum>
<text>
Section 821 of the Higher Education Amendments of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1151">
20 U.S.C. 1151
</external-xref>
) (Grants to States for workplace and community transition training for incarcerated individuals).
</text>
</paragraph>
<paragraph id="H511E3C2EB39D4259AD82BC3A479FDDCF">
<enum>
(7)
</enum>
<text>
The Women in Apprenticeship and Nontraditional Occupations Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2501">
29 U.S.C. 2501 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="H31AF8485126248B29DCBE0BD10E745C0">
<enum>
(8)
</enum>
<text display-inline="yes-display-inline">
Sections
<external-xref legal-doc="usc" parsable-cite="usc/38/4103A">
4103A
</external-xref>
and
<external-xref legal-doc="usc" parsable-cite="usc/4104/4103A">
4104
</external-xref>
of title 38, United States Code.
</text>
</paragraph>
</section>
<section id="H520BCF8F3AD04D52BB0910CBF9357613">
<enum>
402.
</enum>
<header>
Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980
</header>
<text display-inline="no-display-inline">
Section 104(k)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
<external-xref legal-doc="usc" parsable-cite="usc/42/9604">
42 U.S.C. 9604
</external-xref>
) is amended by striking
<quote>
, training,
</quote>
.
</text>
</section>
<section id="H007195043B394044853B1843ECE74CF9" section-type="subsequent-section">
<enum>
403.
</enum>
<header>
Amendments to the Food and Nutrition Act of 2008
</header>
<subsection id="H64F52078AE474E0BB8EFD8D85B323094">
<enum>
(a)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
Section 3(t) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2012">
7 U.S.C. 2012(t)
</external-xref>
) is amended—
</text>
<paragraph id="H5D292268AAF14C67A02E32CCA23A0411">
<enum>
(1)
</enum>
<text>
by striking
<quote>
and (2)
</quote>
and inserting
<quote>
(2)
</quote>
, and
</text>
</paragraph>
<paragraph id="HDA0399BE2A9C4DF2B08A3900BA49BB4A">
<enum>
(2)
</enum>
<text>
by inserting before the period at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H8831C35D267E4622968F60D9361443CA" style="OLC">
<quoted-block-continuation-text quoted-block-continuation-text-level="paragraph">
, and (3) when referencing employment and training activities under section 6(d)(4), a State board as defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
)
</quoted-block-continuation-text>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HF73E3066184F4FAA8718FED8E5BCEC70">
<enum>
(b)
</enum>
<header>
Eligible households
</header>
<text display-inline="yes-display-inline">
Section 5 of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2014">
7 U.S.C. 2014
</external-xref>
) is amended—
</text>
<paragraph id="HA99D11BBA05A485CA4D45D83A967C601">
<enum>
(1)
</enum>
<text>
in subsection (d)(14) by striking
<quote>
section 6(d)(4)(I)
</quote>
and inserting
<quote>
section 6(d)(4)(C)
</quote>
, and
</text>
</paragraph>
<paragraph id="H2C1171F598044A5B91529ECA30E72AA6">
<enum>
(2)
</enum>
<text>
in subsection (g)(3) by striking
<quote>
constitutes adequate participation in an employment and training program under section 6(d)
</quote>
and inserting
<quote>
allows the individual to participate in employment and training activities under section 6(d)(4)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H334BDAC6512247AD9427F83AA1BE3A5D">
<enum>
(c)
</enum>
<header>
Eligibility disqualifications
</header>
<text>
Section 6(d)(4) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2015">
7 U.S.C. 2015(d)(4)
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H0AD43D294C174C98AB01B80A58E15203" style="OLC">
<paragraph id="HE9929889FDF3418A97805BCF99620C34">
<enum>
(4)
</enum>
<header>
Employment and training
</header>
<subparagraph id="HAD86A4F5BFF04285AF5EB4C4BF48321F">
<enum>
(A)
</enum>
<header>
Implementation
</header>
<text display-inline="yes-display-inline">
Each State agency shall provide employment and training services authorized under section 134 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864
</external-xref>
) to eligible members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment.
</text>
</subparagraph>
<subparagraph id="H2F975667ED744FEA85B881446833E341">
<enum>
(B)
</enum>
<header>
Statewide workforce development system
</header>
<text display-inline="yes-display-inline">
Consistent with subparagraph (A), employment and training services shall be provided through the statewide workforce development system, including the One-Stop delivery system, authorized by the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="H96D335F055064F88994A688898977B22">
<enum>
(C)
</enum>
<header>
Reimbursements
</header>
<clause id="H559EDAA2D1AA4E96AE8BEB8791EB6C83">
<enum>
(i)
</enum>
<header>
Actual costs
</header>
<text>
The State agency shall provide payments or reimbursement to participants served under this paragraph for—
</text>
<subclause id="HCA1DF3BD9D9B4E988455DDD4A07060A3">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
the actual costs of transportation and other actual costs (other than dependent care costs) that are reasonably necessary and directly related to the individual participating in employment and training activities; and
</text>
</subclause>
<subclause id="H5548ED2101344B939D59B95276FDBDCA">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
the actual costs of such dependent care expenses that are determined by the State agency to be necessary for the individual to participate in employment and training activities (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/601">
42 U.S.C. 601 et seq.
</external-xref>
) in a local area where an employment, training, or education program under title IV of such Act is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate.
</text>
</subclause>
</clause>
<clause id="H490CA911B47546F7BCC55B186058A870">
<enum>
(ii)
</enum>
<header>
Service contracts and vouchers
</header>
<text display-inline="yes-display-inline">
In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at its option, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household.
</text>
</clause>
<clause id="HB5157ED62F3042AA8305161122F15F76">
<enum>
(iii)
</enum>
<header>
Value of reimbursements
</header>
<text>
The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall—
</text>
<subclause id="HCD56148E822347A3B81E5E6459BF9818">
<enum>
(I)
</enum>
<text>
not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and
</text>
</subclause>
<subclause id="HA93746CE1BA040BEB7D29B05A24AA0B9">
<enum>
(II)
</enum>
<text>
not be claimed as an employment-related expense for the purposes of the credit provided under
<external-xref legal-doc="usc" parsable-cite="usc/26/21">
section 21
</external-xref>
of the Internal Revenue Code of 1986 (
<external-xref legal-doc="usc" parsable-cite="usc/26/21">
26 U.S.C. 21
</external-xref>
).
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HA9088E1DDEB148D383337DCCC5780C50">
<enum>
(d)
</enum>
<header>
Administration
</header>
<text>
Section 11(e)(19) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2020">
7 U.S.C. 2020(e)(11)
</external-xref>
is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HE08D91C85BEE45C8B34C0BC6FAB81CA5" style="traditional">
<paragraph id="H8743EAC9963A486BB938FB465EB57F51">
<enum>
(19)
</enum>
<text display-inline="yes-display-inline">
the plans of the State agency for providing employment and training services under section 6(d)(4);
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HD9FD7B84E6C049ACB3E3721BB085CE8F">
<enum>
(e)
</enum>
<header>
Administrative cost-Sharing and quality control
</header>
<text>
Section 16(h) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2025">
7 U.S.C. 2025
</external-xref>
) is amended—
</text>
<paragraph id="HB545F178314240178F36641DFFA2ABE5">
<enum>
(1)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="H762CBFD6D853484F98F9EB8554E65963">
<enum>
(A)
</enum>
<text>
in subparagraph (A) by striking
<quote>
carry out employment and training programs
</quote>
and inserting
<quote>
provide employment and training services to eligible households under section 6(d)(4)
</quote>
, and
</text>
</subparagraph>
<subparagraph id="HD34210AFF1C34FD4AC6F0589EF597F54">
<enum>
(B)
</enum>
<text>
in subparagraph (D) by striking
<quote>
operating an employment and training program
</quote>
and inserting
<quote>
providing employment and training services consistent with section 6(d)(4)
</quote>
,
</text>
</subparagraph>
</paragraph>
<paragraph id="HD4C0F55CB9F54420909C320F0A2A17A9">
<enum>
(2)
</enum>
<text>
in paragraph (3) by striking
<quote>
related to participation in an employment and training program
</quote>
and inserting
<quote>
the individual participating in employment and training activities
</quote>
,
</text>
</paragraph>
<paragraph id="HD6485E63C88B48B1A7EF5935DBE28EC0">
<enum>
(3)
</enum>
<text>
in paragraph (4) by striking
<quote>
for operating an employment and training program
</quote>
and inserting
<quote>
to provide employment and training services
</quote>
, and
</text>
</paragraph>
<paragraph id="H3403F634B17547D296CEC920DA53D693">
<enum>
(4)
</enum>
<text>
by amending paragraph (5) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HC73D3622479140D7BEAAE2B494F4E6AA" style="OLC">
<paragraph id="H2177681306EE4029AA04F97F32283760">
<enum>
(5)
</enum>
<header>
Monitoring
</header>
<text display-inline="yes-display-inline">
The Secretary, in conjunction with the Secretary of Labor, shall monitor each State agency responsible for administering employment and training services under section 6(d)(4) to ensure funds are being spent effectively and efficiently. Each program of employment and training receiving funds under section 6(d)(4) shall be subject to the requirements of the performance accountability system, including having to meet the state performance measures included in section 136 of the Workforce Investment Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2871">
29 U.S.C. 2871
</external-xref>
).
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H7A6AF536285044429BD2C1A9779A620F">
<enum>
(f)
</enum>
<header>
Research, demonstration, and evaluations
</header>
<text>
Section 17 of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2026">
7 U.S.C. 2026
</external-xref>
) is amended—
</text>
<paragraph id="HB85DD9E149EA4F82B3ACE84694881BE3">
<enum>
(1)
</enum>
<text>
in subsection (b) by striking paragraph (3), and
</text>
</paragraph>
<paragraph id="HFC9942BCA279481489AA6FB2CEDDD72E">
<enum>
(2)
</enum>
<text>
in subsection (g)—
</text>
<subparagraph id="H91F2019CD8AC470AA49D73ECD884C1D3">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
, in conjunction with the Secretary of Labor,
</quote>
after
<quote>
Secretary
</quote>
, and
</text>
</subparagraph>
<subparagraph id="H19DF5493418C4D50B105A7B90A808350">
<enum>
(B)
</enum>
<text>
by striking
<quote>
programs established
</quote>
and inserting
<quote>
activities provided to eligible households
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H8A9E420C240F4D76A7D1FB53180ABCD3">
<enum>
(g)
</enum>
<header>
Minnesota family investment project
</header>
<text>
Section 22(b)(4) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2031">
7 U.S.C. 2031(b)(4)
</external-xref>
) is amended by striking
<quote>
equivalent to those offered under the employment and training program
</quote>
.
</text>
</subsection>
</section>
<section id="H44689469EF8446BD9B88F20E1CD30831">
<enum>
404.
</enum>
<header>
Amendments to section 412 of the Immigration and Nationality Act
</header>
<subsection id="H29D91B5346F84723864DA46E867C6162">
<enum>
(a)
</enum>
<header>
Conditions and considerations
</header>
<text display-inline="yes-display-inline">
Section 412(a) of the Immigration and Nationality Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1522">
8 U.S.C. 1522(a)
</external-xref>
) is amended—
</text>
<paragraph id="H6AE171C5975343A3A0FC03D6D4D699AF">
<enum>
(1)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="H63EAF8142A624208BC99948B370E7437">
<enum>
(A)
</enum>
<text>
in subparagraph (A)(i), by striking
<quote>
make available sufficient resources for employment training and placement
</quote>
and inserting
<quote>
provide refugees with the opportunity to access employment and training services, including job placement,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA637E6076CC940E0A4B4456E1E24A252">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (B)(ii), by striking
<quote>
services;
</quote>
and inserting
<quote>
services provided through the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
);
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H7A4A807A72904C3FA5734964057F50CB">
<enum>
(2)
</enum>
<text>
in paragraph (2)(C)(iii)(II), by inserting
<quote>
and training
</quote>
after
<quote>
employment
</quote>
;
</text>
</paragraph>
<paragraph id="HE375AF1390B74C6D85E4233FBCD2DA31">
<enum>
(3)
</enum>
<text>
in paragraph (6)(A)(ii)—
</text>
<subparagraph id="HD05208ABCB354AE3875A3446B87FF067">
<enum>
(A)
</enum>
<text>
by striking
<quote>
insure
</quote>
and inserting
<quote>
ensure
</quote>
;
</text>
</subparagraph>
<subparagraph id="H3EBC63E06B824CF2A6C0458A73C941C2">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
and training
</quote>
after
<quote>
employment
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H488A9B811DAA4CA28A817E83AFF3DE90">
<enum>
(C)
</enum>
<text>
by inserting after
<quote>
available
</quote>
the following:
<quote>
through the one-stop delivery system under section 121 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
)
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H05B5F222A1F8430896CA5AB1DDEEF178">
<enum>
(4)
</enum>
<text>
in paragraph (9), by inserting
<quote>
the Secretary of Labor,
</quote>
after
<quote>
Education,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H72DFC3B839164A8AB34C0C883D1A4CF4">
<enum>
(b)
</enum>
<header>
Program of initial resettlement
</header>
<text>
Section 412(b)(2) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1522">
8 U.S.C. 1522(b)(2)
</external-xref>
) is amended—
</text>
<paragraph id="HDA22CD5711BA45C49DED707EEAACFC1A">
<enum>
(1)
</enum>
<text>
by striking
<quote>
orientation, instruction
</quote>
and inserting
<quote>
orientation and instruction
</quote>
; and
</text>
</paragraph>
<paragraph id="HE2B30210E643494A8768737361CB5496">
<enum>
(2)
</enum>
<text>
by striking
<quote>
, and job training for refugees, and such other education and training of refugees, as facilitates
</quote>
and inserting
<quote>
for refugees to facilitate
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HA75DCA704D854F5D915F4B7E4264610B">
<enum>
(c)
</enum>
<header>
Project grants and contracts for services for refugees
</header>
<text>
Section 412(c) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1522">
8 U.S.C. 1522(c)
</external-xref>
) is amended—
</text>
<paragraph id="H7D847575EE674ED48092EF888DF1D5B3">
<enum>
(1)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="H1A5F1F14246A4709A0C7691CD7AEBB84">
<enum>
(A)
</enum>
<text>
in subparagraph (A)(i), by inserting
<quote>
and training
</quote>
after
<quote>
employment
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H703B4349138A49E099E8E6EBABEDB2A5">
<enum>
(B)
</enum>
<text>
by striking subparagraph (C);
</text>
</subparagraph>
</paragraph>
<paragraph id="H7E2BEF70DA5F45A7BBE243AF0C05A66C">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in paragraph (2)(B), by striking
<quote>
paragraph—
</quote>
and all that follows through
<quote>
in a manner
</quote>
and inserting
<quote>
paragraph in a manner
</quote>
; and
</text>
</paragraph>
<paragraph id="H3FFBA01EF0B94A53A76E38D451B7F5AA">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HEBC0E8D451EA46F48563486CBB9C9927" style="traditional">
<paragraph id="H2F602B70777049F996897E7076D4CEF7" indent="up1">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
In carrying out this section, the Director shall ensure that employment and training services are provided through the statewide workforce development system, as appropriate, authorized by the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
). Such action may include—
</text>
<subparagraph id="H980936585CEA495FBEC0F9826B54A872">
<enum>
(A)
</enum>
<text>
making employment and training services as described under section 134 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864
</external-xref>
) available to refugees; and
</text>
</subparagraph>
<subparagraph id="HA876D266EA224FA18BFE794143BAEB73">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
providing refugees with access to a one-stop delivery system under section 121 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
).
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H8C2AB1C3960640AAA4846076468E7ED3">
<enum>
(d)
</enum>
<header>
Cash assistance and medical assistance to refugees
</header>
<text>
Section 412(e) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1522">
8 U.S.C. 1522(e)
</external-xref>
) is amended—
</text>
<paragraph id="HE84F97B227B0452C9A90ADC911388320">
<enum>
(1)
</enum>
<text>
in paragraph (2)(A)(i), by inserting
<quote>
and training
</quote>
after
<quote>
providing employment
</quote>
; and
</text>
</paragraph>
<paragraph id="H71F50434F9CA47F98E4D66427CF76BCE">
<enum>
(2)
</enum>
<text>
in paragraph (3), by striking
<quote>
The
</quote>
and inserting
<quote>
Consistent with subsection (c)(3), the
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section commented="no" id="H81EDFD27619D46518F18378BE2A0E6F8">
<enum>
405.
</enum>
<header>
Amendments relating to the Second Chance Act of 2007
</header>
<subsection id="HAC59A118A11445D0997CBE0ED9DB2F2B">
<enum>
(a)
</enum>
<header>
Federal Prisoner Reentry Initiative
</header>
<text display-inline="yes-display-inline">
Section 231 of the Second Chance Act of 2007 (
<external-xref legal-doc="usc" parsable-cite="usc/42/17541">
42 U.S.C. 17541
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="HF3E48A877C9946878A20B59442C0DBE8">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (a)(1)(E)—
</text>
<subparagraph commented="no" id="H5C0F935E2B5042F3911E72F6FC3DC87D">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
the Department of Labor and
</quote>
before
<quote>
other Federal agencies
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H2CE8BE55BFA24AEBAD57DE744F66167D">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
State and local workforce investment boards,
</quote>
after
<quote>
community-based organizations,
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HBA371B4DAC75493484F40B24202C866D">
<enum>
(2)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph commented="no" id="H980432CECF2E4EFD800909A3DF27D3EF">
<enum>
(A)
</enum>
<text>
in paragraph (2), by striking at the end
<quote>
and
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="HF663E58D473C49EB991DD0A5B58C1A23">
<enum>
(B)
</enum>
<text>
in paragraph (3), by striking at the end the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H903831A259904F4FB24945DA29716563">
<enum>
(C)
</enum>
<text>
by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H3322C7F1CF9646219A21C91097B6121B" style="OLC">
<paragraph commented="no" id="HE6150FA153CF4A5681B15C75CD72BDDC">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
to coordinate reentry programs with the employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
).
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HC304B46F240B41FAA6875E291011064D">
<enum>
(3)
</enum>
<text>
in subsection (d), by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HD46381AF3E0442E9A19DA9AA310FDD86" style="OLC">
<paragraph commented="no" id="H4E74CEA3742B48FB8182F12A1E04C0F9">
<enum>
(6)
</enum>
<header>
Interaction with the workforce investment system
</header>
<subparagraph commented="no" id="H658ACC1E849E4D83AF72DE967C131965">
<enum>
(A)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
In carrying out this section, the Director shall ensure that employment and training services, including such employment and services offered through reentry programs, are provided, as appropriate, through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
). Such action may include—
</text>
<clause commented="no" id="H323DA3B06DDD4D848308EC0A29A634BF">
<enum>
(i)
</enum>
<text>
making employment and training services available to prisoners prior to and immediately following the release of such prisoners; or
</text>
</clause>
<clause commented="no" id="HEACF056CBF9D408D8EAE6958A5B962F8">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
providing prisoners with access by remote means to a one-stop delivery system under section 121 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
) in the State in which the prison involved is located.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="HA412901CF32F4B63AD025D4E14148CCF">
<enum>
(B)
</enum>
<header>
Service defined
</header>
<text display-inline="yes-display-inline">
In this paragraph, the term
<term>
employment and training services
</term>
means those services described in section 134 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864
</external-xref>
) offered by the Bureau of Prisons, including—
</text>
<clause commented="no" id="HAEBD78D2A5A64641B119C10AA0777723">
<enum>
(i)
</enum>
<text>
the skills assessment described in subsection (a)(1)(A);
</text>
</clause>
<clause commented="no" id="H9BBB0B0FFF824360AF2C3BF4325C7BAB">
<enum>
(ii)
</enum>
<text>
the skills development plan described in subsection (a)(1)(B); and
</text>
</clause>
<clause commented="no" id="HD22FC9AD229444748CCA798D29366074">
<enum>
(iii)
</enum>
<text>
the enhancement, development, and implementation of reentry and skills development programs.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" id="HA19E41A6D63048EA8EC63F0A532E86B3">
<enum>
(b)
</enum>
<header>
Duties of the Bureau of Prisons
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/18/4042">
Section 4042(a)(5)(E)
</external-xref>
of title 18, United States Code, is amended—
</text>
<paragraph commented="no" id="HC9D35F61FAD24DB0B17E8D453B49760A">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in clause (ii), by striking
<quote>
Employment
</quote>
and inserting
<quote>
Employment and training services (as defined in paragraph (6) of section 231(d) of the Second Chance Act of 2007), including basic skills attainment, consistent with such paragraph
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="H56E3E8834B784154A7A925EB22C50527">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by striking clause (iii); and
</text>
</paragraph>
<paragraph commented="no" id="H9265527362E6456A96E57C807407E2F1">
<enum>
(3)
</enum>
<text>
by redesignating clauses (iv), (v), (vi), and (vii) as clauses (iii), (iv), (v), and (vi), respectively.
</text>
</paragraph>
</subsection>
</section>
<section id="HDD59B6B45A2E4168BCFB6E7E81F0962D">
<enum>
406.
</enum>
<header>
Amendments to the Omnibus Crime Control and Safe Streets Act of 1968
</header>
<text display-inline="no-display-inline">
Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3797w">
42 U.S.C. 3797w
</external-xref>
) is amended—
</text>
<paragraph id="H03EBC72CF8134C1CA380885B6158C19E">
<enum>
(1)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="H8463136CE7EA4E9AA8AA7C3118806902">
<enum>
(A)
</enum>
<text>
in paragraph (1), by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2302">
20 U.S.C. 2302
</external-xref>
)) and training
</quote>
;
</text>
</subparagraph>
<subparagraph id="H68C42B0A89104DF7AB1F5240BA3689E8">
<enum>
(B)
</enum>
<text>
by redesignating each of paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and
</text>
</subparagraph>
<subparagraph id="H68FE2D783CD8411ABCC62B898553C68D">
<enum>
(C)
</enum>
<text>
by inserting after paragraph (3) the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HDE9FB19B76FF45FFA67700F9F31A6E2A" style="OLC">
<paragraph id="HDEAB617A6302493982876DA9866EDC9A">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
coordinating employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
), including a one-stop delivery system under section 121 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
), for offenders upon release from prison, jail, or a juvenile facility, as appropriate;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H4F8728BFCA1F4CCDBDAF4C06334FA985">
<enum>
(2)
</enum>
<text>
in subsection (d)(2), by inserting
<quote>
, including local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2832">
29 U.S.C. 2832
</external-xref>
),
</quote>
after
<quote>
nonprofit organizations
</quote>
;
</text>
</paragraph>
<paragraph id="H558864DFE3A5408090AD7E157272B2A5">
<enum>
(3)
</enum>
<text>
in subsection (e)—
</text>
<subparagraph id="HE84F5D27032A41309976CC568A606A54">
<enum>
(A)
</enum>
<text>
in paragraph (3), by striking
<quote>
victims services, and employment services
</quote>
and inserting
<quote>
and victim services
</quote>
;
</text>
</subparagraph>
<subparagraph id="H71E6DDBA28054139A1EDE1A985E66457">
<enum>
(B)
</enum>
<text>
by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
</text>
</subparagraph>
<subparagraph id="H9E093940D0F945F7B9F30F802BE5C375">
<enum>
(C)
</enum>
<text>
by inserting after paragraph (3) the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H0F9AD79980E94D91B39FB0E357702DB8" style="OLC">
<paragraph id="H92957C81EF3B44648D7B4014D4476ABF">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
provides employment and training services through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
), including a one-stop delivery system under section 121 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
); and
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HCD171D4E49CB41CABF2EA417B249ADF6">
<enum>
(4)
</enum>
<text>
in subsection (k)—
</text>
<subparagraph id="HD586E5D458EA4ED195171CC23351D9AB">
<enum>
(A)
</enum>
<text>
in paragraph (1)(A), by inserting
<quote>
, in accordance with paragraph (2)
</quote>
after
<quote>
under this section
</quote>
;
</text>
</subparagraph>
<subparagraph id="HB33D3BF82A6449289995F20F9C7BC55F">
<enum>
(B)
</enum>
<text>
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
</text>
</subparagraph>
<subparagraph id="HBD43A26F796E41E59D11B27872062172">
<enum>
(C)
</enum>
<text>
by inserting after paragraph (1) the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HF39877BAC0BF4269B2EC78BEA94F7656" style="OLC">
<paragraph id="HEC8750E1311045E7BD286A85805F1E44">
<enum>
(2)
</enum>
<header>
Employment and training
</header>
<text display-inline="yes-display-inline">
The Attorney General shall require each grantee under this section to measure the core indicators of performance as described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2871">
29 U.S.C. 2871(b)(2)(A)
</external-xref>
) with respect to the program of such grantee funded with a grant under this section.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section id="H479747CBAE314158BDBDE33661A4AB31">
<enum>
407.
</enum>
<header>
Conforming amendments to the United States Code
</header>
<text display-inline="no-display-inline">
Title 38, United States Code, is amended—
</text>
<paragraph id="H37A491B1DB6741BFB4E4E67F51F4D5E4">
<enum>
(1)
</enum>
<text>
by striking the item relating to section 4103A and section 4104 in the table of sections at the beginning of chapter 41 of such title;
</text>
</paragraph>
<paragraph id="H92C2979B93174C168ABC1F12E1012A37">
<enum>
(2)
</enum>
<text>
in section 4102A—
</text>
<subparagraph id="HE01FB1C35ADF489D824150DD3D24AEED">
<enum>
(A)
</enum>
<text>
in subsection (b)—
</text>
<clause id="H5E528A0D5EA14DDAA6CA69A88A0B8F95">
<enum>
(i)
</enum>
<text>
by striking paragraphs (5), (6), and (7);
</text>
</clause>
<clause id="H0B1F0E19247747438EB7212EA769D330">
<enum>
(ii)
</enum>
<text>
by redesignating paragraph (8) as paragraph (5);
</text>
</clause>
</subparagraph>
<subparagraph id="H3B243F75062F45D184A1AA32BF0D8D8C">
<enum>
(B)
</enum>
<text>
by striking subsections (c) and (h);
</text>
</subparagraph>
<subparagraph id="HA946603AA1AA4BC1ABE2CEE662B08FC0">
<enum>
(C)
</enum>
<text>
by redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f);
</text>
</subparagraph>
<subparagraph id="HE37A86B0954E424085AEE239FD55CF27">
<enum>
(D)
</enum>
<text>
in subsection (e)(1) (as so redesignated)—
</text>
<clause id="H3D37D688C15442029DE6B9A5DB41BE96">
<enum>
(i)
</enum>
<text>
by striking
<quote>
, including disabled veterans’ outreach program specialists and local veterans' employment representatives providing employment, training, and placement services under this chapter in a State
</quote>
; and
</text>
</clause>
<clause id="HA68E0F8C811B489C9F8DA9EEE1C54E28">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
for purposes of subsection (c)
</quote>
.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H7E96738DBAAE4D68825FBC0529E90750">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in section 4109(a), by striking
<quote>
disabled veterans’ outreach program specialists and local veterans’ employment representative
</quote>
and inserting
<quote>
veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998
</quote>
;
</text>
</paragraph>
<paragraph id="H9D948D621BD94C11B7F886C4D623DC27">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
in section 4109(d)(1), by striking
<quote>
disabled veterans’ outreach program specialists and local veterans’ employment representatives
</quote>
and inserting
<quote>
veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998
</quote>
;
</text>
</paragraph>
<paragraph id="H787EAA2E58F543C5AC675AC4360A531F">
<enum>
(5)
</enum>
<text>
in section 4112(d)—
</text>
<subparagraph id="H284B642F46F84F1C8FDEDD300C8FA13E">
<enum>
(A)
</enum>
<text>
in paragraph (1), by striking
<quote>
disabled veterans’ outreach program specialist
</quote>
and inserting
<quote>
veteran employment specialist appointed under section 134(f) of the Workforce Investment Act of 1998
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H8DED2ED868604B61858F16BC804362D4">
<enum>
(B)
</enum>
<text>
by striking paragraph (2) and redesignating paragraph (3) as paragraph (2);
</text>
</subparagraph>
</paragraph>
<paragraph id="H098E3340D8C44527A1286DC5F76701AD">
<enum>
(6)
</enum>
<text>
in section 3672(d)(1), by striking
<quote>
disabled veterans’ outreach program specialists under section 4103A
</quote>
and inserting
<quote>
veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998
</quote>
; and
</text>
</paragraph>
<paragraph id="H653029BD357E48AAA85FAEFE466B6B9C">
<enum>
(7)
</enum>
<text>
in section 4104A—
</text>
<subparagraph id="HF04DDC2708644D56A1B99D62DC34BD30">
<enum>
(A)
</enum>
<text>
in subsection (b)(1), by striking subparagraph (A) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB7C3076E2C504B25AF44B6A6017273E8" style="USC">
<subparagraph id="H3574E8A489BB405A96B28B15B3A7DC81">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the appropriate veteran employment specialist (in carrying out the functions described in section 134(f) of the Workforce Investment Act of 1998);
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H925EC2849C8D4F23AD25E71D2523F318">
<enum>
(B)
</enum>
<text>
in subsection (c)(1), by striking subparagraph (A) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF8544CBF9C414F47B89272928FEF53BB" style="OLC">
<subparagraph id="H4CC976C86BBD4D8594312E63DB8AADB9">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
collaborate with the appropriate veteran employment specialist (as described in section 134(f)) and the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
));
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section commented="no" id="HA87E688A14A04C99940F028453DEA032">
<enum>
408.
</enum>
<header>
Conforming amendment to table of contents
</header>
<text display-inline="no-display-inline">
The table of contents in section 1(b) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H52695745E142462A91EA93C6C9EB9DB5" style="OLC">
<toc>
<toc-entry level="section">
Sec. 1. Short title; table of contents.
</toc-entry>
<toc-entry level="title">
TITLE I—WORKFORCE INVESTMENT SYSTEMS
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Workforce Investment Definitions
</toc-entry>
<toc-entry level="section">
Sec. 101. Definitions.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—Statewide and Local Workforce Investment Systems
</toc-entry>
<toc-entry level="section">
Sec. 106. Purpose.
</toc-entry>
<toc-entry level="chapter">
Chapter 1—State Provisions
</toc-entry>
<toc-entry level="section">
Sec. 111. State workforce investment boards.
</toc-entry>
<toc-entry level="section">
Sec. 112. State plan.
</toc-entry>
<toc-entry level="chapter">
Chapter 2—Local Provisions
</toc-entry>
<toc-entry level="section">
Sec. 116. Local workforce investment areas.
</toc-entry>
<toc-entry level="section">
Sec. 117. Local workforce investment boards.
</toc-entry>
<toc-entry level="section">
Sec. 118. Local plan.
</toc-entry>
<toc-entry level="chapter">
Chapter 3—Workforce Investment Activities Providers
</toc-entry>
<toc-entry level="section">
Sec. 121. Establishment of one-stop delivery systems.
</toc-entry>
<toc-entry level="section">
Sec. 122. Identification of eligible providers of training services.
</toc-entry>
<toc-entry level="section">
Sec. 123. [Repealed].
</toc-entry>
<toc-entry level="chapter">
Chapter 4—[Repealed]
</toc-entry>
<toc-entry level="chapter">
Chapter 5—Employment and Training Activities
</toc-entry>
<toc-entry level="section">
Sec. 131. General authorization.
</toc-entry>
<toc-entry level="section">
Sec. 132. State allotments.
</toc-entry>
<toc-entry level="section">
Sec. 133. Within State allocations.
</toc-entry>
<toc-entry level="section">
Sec. 134. Use of funds for employment and training activities.
</toc-entry>
<toc-entry level="chapter">
Chapter 6—General Provisions
</toc-entry>
<toc-entry level="section">
Sec. 136. Performance accountability system.
</toc-entry>
<toc-entry level="section">
Sec. 137. Authorization of appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle C—Job Corps
</toc-entry>
<toc-entry level="section">
Sec. 141. Purposes.
</toc-entry>
<toc-entry level="section">
Sec. 142. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 143. Establishment.
</toc-entry>
<toc-entry level="section">
Sec. 144. Individuals eligible for the Job Corps.
</toc-entry>
<toc-entry level="section">
Sec. 145. Recruitment, screening, selection, and assignment of enrollees.
</toc-entry>
<toc-entry level="section">
Sec. 146. Enrollment.
</toc-entry>
<toc-entry level="section">
Sec. 147. Job Corps centers.
</toc-entry>
<toc-entry level="section">
Sec. 148. Program activities.
</toc-entry>
<toc-entry level="section">
Sec. 149. Counseling and job placement.
</toc-entry>
<toc-entry level="section">
Sec. 150. Support.
</toc-entry>
<toc-entry level="section">
Sec. 151. Operations.
</toc-entry>
<toc-entry level="section">
Sec. 152. Standards of conduct.
</toc-entry>
<toc-entry level="section">
Sec. 153. Community participation.
</toc-entry>
<toc-entry level="section">
Sec. 154. Workforce councils.
</toc-entry>
<toc-entry level="section">
Sec. 155. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 156. Technical assistance to centers.
</toc-entry>
<toc-entry level="section">
Sec. 157. Application of provisions of Federal law.
</toc-entry>
<toc-entry level="section">
Sec. 158. Special provisions.
</toc-entry>
<toc-entry level="section">
Sec. 159. Performance accountability and management.
</toc-entry>
<toc-entry level="section">
Sec. 160. General provisions.
</toc-entry>
<toc-entry level="section">
Sec. 161. Authorization of appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—National Programs
</toc-entry>
<toc-entry level="section">
Sec. 166. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 167. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 168. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 169. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 170. Technical assistance.
</toc-entry>
<toc-entry level="section">
Sec. 171. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 172. Evaluations.
</toc-entry>
<toc-entry level="section">
Sec. 173. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 173A. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 174. [Repealed].
</toc-entry>
<toc-entry level="subtitle">
Subtitle E—Administration
</toc-entry>
<toc-entry level="section">
Sec. 181. Requirements and restrictions.
</toc-entry>
<toc-entry level="section">
Sec. 182. Prompt allocation of funds.
</toc-entry>
<toc-entry level="section">
Sec. 183. Monitoring.
</toc-entry>
<toc-entry level="section">
Sec. 184. Fiscal controls; sanctions.
</toc-entry>
<toc-entry level="section">
Sec. 185. Reports; recordkeeping; investigations.
</toc-entry>
<toc-entry level="section">
Sec. 186. Administrative adjudication.
</toc-entry>
<toc-entry level="section">
Sec. 187. Judicial review.
</toc-entry>
<toc-entry level="section">
Sec. 188. Nondiscrimination.
</toc-entry>
<toc-entry level="section">
Sec. 189. Administrative provisions.
</toc-entry>
<toc-entry level="section">
Sec. 190. References.
</toc-entry>
<toc-entry level="section">
Sec. 191. State legislative authority.
</toc-entry>
<toc-entry level="section">
Sec. 192. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 193. Transfer of Federal equity in State employment security real property to the States.
</toc-entry>
<toc-entry level="section">
Sec. 194. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 195. General program requirements.
</toc-entry>
<toc-entry level="section">
Sec. 196. Federal agency staff.
</toc-entry>
<toc-entry level="section">
Sec. 197. Restrictions on lobbying and political activities.
</toc-entry>
<toc-entry level="subtitle">
Subtitle F—Repeals and Conforming Amendments
</toc-entry>
<toc-entry level="section">
Sec. 199. Repeals.
</toc-entry>
<toc-entry level="section">
Sec. 199A. Conforming amendments.
</toc-entry>
<toc-entry level="title">
TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION
</toc-entry>
<toc-entry level="section">
Sec. 201. Short title.
</toc-entry>
<toc-entry level="section">
Sec. 202. Purpose.
</toc-entry>
<toc-entry level="section">
Sec. 203. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 204. Home schools.
</toc-entry>
<toc-entry level="section">
Sec. 205. Authorization of appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Federal Provisions
</toc-entry>
<toc-entry level="section">
Sec. 211. Reservation of funds; grants to eligible agencies; allotments.
</toc-entry>
<toc-entry level="section">
Sec. 212. Performance accountability system.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—State Provisions
</toc-entry>
<toc-entry level="section">
Sec. 221. State administration.
</toc-entry>
<toc-entry level="section">
Sec. 222. State distribution of funds; matching requirement.
</toc-entry>
<toc-entry level="section">
Sec. 223. State leadership activities.
</toc-entry>
<toc-entry level="section">
Sec. 224. State plan.
</toc-entry>
<toc-entry level="section">
Sec. 225. Programs for corrections education and other institutionalized individuals.
</toc-entry>
<toc-entry level="subtitle">
Subtitle C—Local Provisions
</toc-entry>
<toc-entry level="section">
Sec. 231. Grants and contracts for eligible providers.
</toc-entry>
<toc-entry level="section">
Sec. 232. Local application.
</toc-entry>
<toc-entry level="section">
Sec. 233. Local administrative cost limits.
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—General Provisions
</toc-entry>
<toc-entry level="section">
Sec. 241. Administrative provisions.
</toc-entry>
<toc-entry level="section">
Sec. 242. National activities.
</toc-entry>
<toc-entry level="title">
TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Wagner-Peyser Act
</toc-entry>
<toc-entry level="section">
Sec. 301. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 302. Functions.
</toc-entry>
<toc-entry level="section">
Sec. 303. Designation of State agencies.
</toc-entry>
<toc-entry level="section">
Sec. 304. Appropriations.
</toc-entry>
<toc-entry level="section">
Sec. 305. Disposition of allotted funds.
</toc-entry>
<toc-entry level="section">
Sec. 306. State plans.
</toc-entry>
<toc-entry level="section">
Sec. 307. Repeal of Federal advisory council.
</toc-entry>
<toc-entry level="section">
Sec. 308. Regulations.
</toc-entry>
<toc-entry level="section">
Sec. 309. Employment statistics.
</toc-entry>
<toc-entry level="section">
Sec. 310. Technical amendments.
</toc-entry>
<toc-entry level="section">
Sec. 311. Effective date.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—Linkages With Other Programs
</toc-entry>
<toc-entry level="section">
Sec. 321. Trade Act of 1974.
</toc-entry>
<toc-entry level="section">
Sec. 322. Veterans' employment programs.
</toc-entry>
<toc-entry level="section">
Sec. 323. Older Americans Act of 1965.
</toc-entry>
<toc-entry level="subtitle">
Subtitle C—[Repealed]
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—Application of Civil Rights and Labor-Management Laws to the Smithsonian Institution
</toc-entry>
<toc-entry level="section">
Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution.
</toc-entry>
<toc-entry level="title">
TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998
</toc-entry>
<toc-entry level="section">
Sec. 401. Short title.
</toc-entry>
<toc-entry level="section">
Sec. 402. Title.
</toc-entry>
<toc-entry level="section">
Sec. 403. General provisions.
</toc-entry>
<toc-entry level="section">
Sec. 404. Vocational rehabilitation services.
</toc-entry>
<toc-entry level="section">
Sec. 405. Research and training.
</toc-entry>
<toc-entry level="section">
Sec. 406. Professional development and special projects and demonstrations.
</toc-entry>
<toc-entry level="section">
Sec. 407. National Council on Disability.
</toc-entry>
<toc-entry level="section">
Sec. 408. Rights and advocacy.
</toc-entry>
<toc-entry level="section">
Sec. 409. Employment opportunities for individuals with disabilities.
</toc-entry>
<toc-entry level="section">
Sec. 410. Independent living services and centers for independent living.
</toc-entry>
<toc-entry level="section">
Sec. 411. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 412. Helen Keller National Center Act.
</toc-entry>
<toc-entry level="section">
Sec. 413. President's Committee on Employment of People With Disabilities.
</toc-entry>
<toc-entry level="section">
Sec. 414. Conforming amendments.
</toc-entry>
<toc-entry level="title">
TITLE V—GENERAL PROVISIONS
</toc-entry>
<toc-entry level="section">
Sec. 501. State unified plan.
</toc-entry>
<toc-entry level="section">
Sec. 502. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 503. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 504. Privacy.
</toc-entry>
<toc-entry level="section">
Sec. 505. Buy-American requirements.
</toc-entry>
<toc-entry level="section">
Sec. 506. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 507. Effective date.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</title>
<title id="H50B8C6190CFC49AE93F3192487F49951">
<enum>
V
</enum>
<header>
AMENDMENTS TO THE REHABILITATION ACT OF 1973
</header>
<section id="HC22C8C5CF113484B8C604FB6D0B119CD">
<enum>
501.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
Section 2(a) of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701(a)
</external-xref>
) is amended—
</text>
<paragraph id="H3760D54ED4F44E5DAA4F03DF8472793E">
<enum>
(1)
</enum>
<text>
in paragraph (5), by striking
<quote>
and
</quote>
at the end;
</text>
</paragraph>
<paragraph id="HE83FB107546A46D9BB5BB2DFF69157CF">
<enum>
(2)
</enum>
<text>
in paragraph (6), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="H9A5CFC81911A4863A5231FC847C1B375">
<enum>
(3)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H238CC78EFC784CB9B6B409FEF2B73A8F" style="OLC">
<paragraph id="H6A9B304AEB924545ACA88B8E3AF944D1">
<enum>
(7)
</enum>
<text>
there is a substantial need to improve and expand services for students with disabilities under this Act.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HB349E2D2A53F4488B5B7EA505D1C5A8A">
<enum>
502.
</enum>
<header>
Rehabilitation services administration
</header>
<subsection id="H77EE6F3092274FFDB74B239BF650DF48">
<enum>
(a)
</enum>
<header>
Rehabilitation services administration
</header>
<text>
The Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="H73030AD3DAD7455FB63C2FA90D1355C5">
<enum>
(1)
</enum>
<text>
in section 3(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/702">
29 U.S.C. 702(a)
</external-xref>
)—
</text>
<subparagraph id="HFCD7E6609B4D4B4088D79E8A8639E598">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Office of the Secretary
</quote>
and inserting
<quote>
Department of Education
</quote>
;
</text>
</subparagraph>
<subparagraph id="H31AD60A154834C19A90B6E0BB5C98D69">
<enum>
(B)
</enum>
<text>
by striking
<quote>
President by and with the advice and consent of the Senate
</quote>
and inserting
<quote>
Secretary
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HC0EF557B54944E8D9DEE6627856B883E">
<enum>
(C)
</enum>
<text>
by striking
<quote>
, and the Commissioner shall be the principal officer,
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HD128CB3FA62C4C33BA7E68B1A066019F">
<enum>
(2)
</enum>
<text>
by striking
<quote>
Commissioner
</quote>
each place it appears (except in section 21) and inserting
<quote>
Director
</quote>
;
</text>
</paragraph>
<paragraph id="H1DEDBB40C7F443C38B0AA9D43589DEF7">
<enum>
(3)
</enum>
<text>
in section 12(c) (
<external-xref legal-doc="usc" parsable-cite="usc/29/709">
29 U.S.C. 709
</external-xref>
), by striking
<quote>
Commissioner’s
</quote>
and inserting
<quote>
Director’s
</quote>
;
</text>
</paragraph>
<paragraph id="H2BDE053367C341E0914E3C38DCFF9EAB">
<enum>
(4)
</enum>
<text>
in the heading for subparagraph (B) of section 100(d)(2), by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
commissioner
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
director
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="HB80274155D0A4E989689326FE76BA7D2">
<enum>
(5)
</enum>
<text>
in the heading for section 706, by striking
<quote>
<header-in-text level="section" style="OLC">
commissioner
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
director
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="H20B6696F2EF94B9A8EA0A8DF4CF0F08E">
<enum>
(6)
</enum>
<text>
in the heading for paragraph (3) of section 723(a), by striking
<quote>
<header-in-text level="paragraph" style="OLC">
commissioner
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
director
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="HC0E09F68701A4CDD935DE27C6B49E290">
<enum>
(7)
</enum>
<text>
in section 21 (
<external-xref legal-doc="usc" parsable-cite="usc/29/718">
29 U.S.C. 718
</external-xref>
)—
</text>
<subparagraph id="H9773AD7DAB8A4D279561EE754945EEEB">
<enum>
(A)
</enum>
<text>
in subsection (b)(1)—
</text>
<clause id="H09D9C1C9D00E474CBFB47C43073E6FEF">
<enum>
(i)
</enum>
<text>
by striking
<quote>
Commissioner
</quote>
the first place it appears and inserting
<quote>
Director of the Rehabilitation Services Administration
</quote>
;
</text>
</clause>
<clause id="H1F77EFDB59864884B138848350F7C740">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
(referred to in this subsection as the
<quote>
Director
</quote>
)
</quote>
; and
</text>
</clause>
<clause id="H9027BB6E4992461E97603986FF59B867">
<enum>
(iii)
</enum>
<text>
by striking
<quote>
The Commissioner and the Director
</quote>
and inserting
<quote>
Both such Directors
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H03BA03DA410E4B61AF79A81C55B64E62">
<enum>
(B)
</enum>
<text>
by striking
<quote>
the Commissioner and the Director
</quote>
each place it appears and inserting
<quote>
both such Directors
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H212F5226F58F46DEA98140FEB3A1E8CC">
<enum>
(b)
</enum>
<header>
Effective date; application
</header>
<text>
The amendments made by subsection (a) shall—
</text>
<paragraph id="H9F1201A87A2D4E13BE92BF3E2FF8F232">
<enum>
(1)
</enum>
<text>
take effect on the date of the enactment of this Act; and
</text>
</paragraph>
<paragraph id="HEE0E2C6575A9427DA68A83A9B8519C94">
<enum>
(2)
</enum>
<text>
apply with respect to the appointments of Directors of the Rehabilitation Services Administration made on or after the date of enactment of this Act, and the Directors so appointed.
</text>
</paragraph>
</subsection>
</section>
<section id="H9340458489404FAF9EEC3F1B12B3B909">
<enum>
503.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 7 of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/705">
29 U.S.C. 705
</external-xref>
) is amended—
</text>
<paragraph id="HDA4C56B8F959437492C81FC48345A77F">
<enum>
(1)
</enum>
<text>
by redesignating paragraphs (35) through (39) as paragraphs (36) through (40), respectively;
</text>
</paragraph>
<paragraph id="H4FB66CCA56344BB8AE91E27BB166F266">
<enum>
(2)
</enum>
<text>
in subparagraph (A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking
<quote>
paragraph (36)(C)
</quote>
and inserting
<quote>
paragraph (37)(C)
</quote>
; and
</text>
</paragraph>
<paragraph id="HD8FBBBD5C69E4C7CAE4FDB7C9FF6920F">
<enum>
(3)
</enum>
<text>
by inserting after paragraph (34) the following:
</text>
<quoted-block id="HE0B53730535A4B66A47EFB05C9C55EA3" style="OLC">
<paragraph id="H890675191159482889F1731E99BC754C">
<enum>
(35)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H949D1CC6594344E49AE60F437BCCEE85">
<enum>
(A)
</enum>
<text>
The term
<term>
student with a disability
</term>
means an individual with a disability who—
</text>
<clause id="H17D4C1277FFA4FC485A49886C829F512">
<enum>
(i)
</enum>
<text>
is not younger than 16 and not older than 21;
</text>
</clause>
<clause id="HB4691E65941340149B8469F19B7F5A93">
<enum>
(ii)
</enum>
<text>
has been determined to be eligible under section 102(a) for assistance under this title; and
</text>
</clause>
<clause id="H48B61AF77C3747B1ADC967A95BE8DB3C">
<enum>
(iii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H215A1FF4F16B4EBBA9810A4A2F22ACFA">
<enum>
(I)
</enum>
<text>
is eligible for, and is receiving, special education under part B of the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1411">
20 U.S.C. 1411 et seq.
</external-xref>
); or
</text>
</subclause>
<subclause id="HE7A5CE48CFAD4A2E94D15CA3873C185E" indent="up1">
<enum>
(II)
</enum>
<text>
is an individual with a disability, for purposes of section 504.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H9BA8082F12024BE69AE1EBC6649FEAD7" indent="up1">
<enum>
(B)
</enum>
<text>
The term
<term>
students with disabilities
</term>
means more than 1 student with a disability.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H2DD816876AFC4C66B7E527CAAECFCA6B">
<enum>
504.
</enum>
<header>
State plan
</header>
<text display-inline="no-display-inline">
Section 101(a) of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(a)
</external-xref>
) is amended—
</text>
<paragraph id="HA668D2F93F74409FA7BFE4F6FEFFEFF0">
<enum>
(1)
</enum>
<text>
in paragraph (10)(B) by striking
<quote>
on the eligible individuals
</quote>
and all that follows through
<quote>
section 136(d)(2)
</quote>
and inserting
<quote>
of information necessary to assess the State’s performance on the core indicators of performance described in section 136(b)(2)(A)
</quote>
;
</text>
</paragraph>
<paragraph id="HCF0D8BF1D47A42748B12B64E2CA87AF6">
<enum>
(2)
</enum>
<text>
in paragraph (11)—
</text>
<subparagraph id="HEF25D159187344C08C7503A1DC099DC7">
<enum>
(A)
</enum>
<text>
in subparagraph (D)(i), by inserting before the semicolon the following:
<quote>
, which may be provided using alternative means of meeting participation (such as video conferences and conference calls)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HB90578F37AEA4A378CD4433A4458D31E">
<enum>
(B)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HD901D6C656B84176A7E367C8C97946A8" style="OLC">
<subparagraph id="H1CEB134E45FD4F718A182C59036EE6B7">
<enum>
(G)
</enum>
<header>
Coordination with assistive technology programs
</header>
<text>
The State plan shall include an assurance that the designated State unit and the lead agency or implementing entity responsible for carrying out duties under the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3001">
29 U.S.C. 3001 et seq.
</external-xref>
) have developed working relationships and coordinate their activities.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HE04B1D84C4074E52B5E580A13659C9A2">
<enum>
(3)
</enum>
<text>
in paragraph (15)—
</text>
<subparagraph id="H297E076FF6BD4AA88851C88188077764">
<enum>
(A)
</enum>
<text>
in subparagraph (A)—
</text>
<clause id="H570E3491EFA447E9B715FFFE16261A3F">
<enum>
(i)
</enum>
<text>
in clause (i)—
</text>
<subclause id="HE3680873B9664B7985383C6DE2D52FC9">
<enum>
(I)
</enum>
<text>
in subclause (II), by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
<subclause id="H817DB4FB3B214689A0977CAD60E21E72">
<enum>
(II)
</enum>
<text>
in subclause (III), by adding
<quote>
and
</quote>
at the end; and
</text>
</subclause>
<subclause id="H60AF6D1631EC4BBB92252E55ACEC76A0">
<enum>
(III)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HB07DAB1019A34DCFBB1FA714B38F4712" style="OLC">
<subclause id="HEEF74D65120640AC952261E0A7257A0F">
<enum>
(IV)
</enum>
<text>
students with disabilities, including their need for transition services;
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="H0AF528A2EDF146CBAD4D3C7C194C92FB">
<enum>
(ii)
</enum>
<text>
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and
</text>
</clause>
<clause id="H0E6084745E704109822B9F7573A976D2">
<enum>
(iii)
</enum>
<text>
by inserting after clause (i) the following:
</text>
<quoted-block id="H4AB5BBC6464743729A9ECCC1C2D74202" style="OLC">
<clause id="H3CDF584239984C969CB43BE3CD3425EE">
<enum>
(ii)
</enum>
<text>
include an assessment of the transition services provided under this Act, and coordinated with transition services under the Individuals with Disabilities Education Act, as to those services meeting the needs of individuals with disabilities;
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HAB034CAEFBAC48E29D9D51D5BA3A35CA">
<enum>
(B)
</enum>
<text>
in subparagraph (D)—
</text>
<clause id="H8C74AA1967C244C9B6359E7785CE94AC">
<enum>
(i)
</enum>
<text>
by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; and
</text>
</clause>
<clause id="H2C5F6FD858E84042B1B642A58357B20F">
<enum>
(ii)
</enum>
<text>
by inserting after clause (ii) the following:
</text>
<quoted-block id="H4B438962D41140359CB5D73EDBFF7100" style="OLC">
<clause id="H19C1D09F88E645F6983F9835292852CE">
<enum>
(iii)
</enum>
<text>
the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to the receipt of vocational rehabilitation services under this title or to postsecondary education or employment;
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H838063C9A2474D98BFA4FC322EEBCA8A">
<enum>
(4)
</enum>
<text>
in paragraph (22)—
</text>
<subparagraph id="H6478B51FD06C4DA0852AE21256775F9F">
<enum>
(A)
</enum>
<text>
by striking
<quote>
carrying out part B of title VI, including
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H3F1B9F4B99FD467F9A7A513ABD30EE8D">
<enum>
(B)
</enum>
<text>
by striking
<quote>
that part to supplement funds made available under part B of
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HC693B1F2C39D463A8E5AD6D59562879B">
<enum>
(5)
</enum>
<text>
in paragraph (24)(A), by striking
<quote>
part A of title VI
</quote>
and inserting
<quote>
section 109A
</quote>
; and
</text>
</paragraph>
<paragraph id="H1630FED75DC04D15A12763F019549C00">
<enum>
(6)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H9DF395ECA5484BF0A88B0D860EC3D536" style="OLC">
<paragraph id="H2F5DEC0B580142FE82B3BE0890BAB55B">
<enum>
(25)
</enum>
<header>
Collaboration with industry
</header>
<text>
The State plan shall describe how the designated State agency will carry out the provisions of section 109A, including—
</text>
<subparagraph id="HC80FDD07C3D6484888BF169E3AB4CC2B">
<enum>
(A)
</enum>
<text>
the criteria such agency will use to award grants under such section; and
</text>
</subparagraph>
<subparagraph id="HFE2DA3E7576F478F883A4961F4076348">
<enum>
(B)
</enum>
<text>
how the activities carried out under such grants will be coordinated with other services provided under this title.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1496DEE15CF8409092D6E0175C4AEE26">
<enum>
(26)
</enum>
<header>
Services for students with disabilities
</header>
<text>
The State plan shall provide an assurance satisfactory to the Secretary that the State—
</text>
<subparagraph id="H0FC59172EA8B4F25AB97DBAF1F4F6275">
<enum>
(A)
</enum>
<text>
has developed and implemented strategies to address the needs identified in the assessment described in paragraph (15), and achieve the goals and priorities identified by the State, to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis in accordance with paragraph (15); and
</text>
</subparagraph>
<subparagraph id="H968075F048624C68B639F4142EA1F558">
<enum>
(B)
</enum>
<text>
from funds reserved under section 110A, shall carry out programs or activities designed to improve and expand vocational rehabilitation services for students with disabilities that—
</text>
<clause id="HEA4C4F0B5E214F8F9E0BD6EC9A9FDB92">
<enum>
(i)
</enum>
<text>
facilitate the transition of students with disabilities from the receipt of educational services in school, to the receipt of vocational rehabilitation services under this title, including, at a minimum, those services specified in the interagency agreement required in paragraph (11)(D);
</text>
</clause>
<clause id="H4DF578509B9F4EEB8A3A1493DE8F59DC">
<enum>
(ii)
</enum>
<text>
improve the achievement of post-school goals of students with disabilities, including improving the achievement through participation (as appropriate when career goals are discussed) in meetings regarding individualized education programs developed under section 614 of the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1414">
20 U.S.C. 1414
</external-xref>
);
</text>
</clause>
<clause id="H68CBB57DDD0A4C4DBC5E569ECBDAC284">
<enum>
(iii)
</enum>
<text>
provide career guidance, career exploration services, job search skills and strategies, and technical assistance to students with disabilities;
</text>
</clause>
<clause id="HF8482CBD8ECB45C19CDF3EFBBE5EE9C0">
<enum>
(iv)
</enum>
<text>
support the provision of training and technical assistance to State and local educational agencies and designated State agency personnel responsible for the planning and provision of services to students with disabilities; and
</text>
</clause>
<clause id="H1C14F623414F4F198A1A919EBCC0C622">
<enum>
(v)
</enum>
<text>
support outreach activities to students with disabilities who are eligible for, and need, services under this title.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H65ED21D289DB48728A986973FFE71793">
<enum>
505.
</enum>
<header>
Scope of services
</header>
<text display-inline="no-display-inline">
Section 103 of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/723">
29 U.S.C. 723
</external-xref>
) is amended—
</text>
<paragraph id="H30ABDC0E20084B769C1849D00C819AE7">
<enum>
(1)
</enum>
<text>
in subsection (a), by striking paragraph (15) and inserting the following:
</text>
<quoted-block id="HB4EE4C6E0BDB49E2B12E6E0DE0D052ED" style="OLC">
<paragraph id="H7535E11010CD4AFAA353EAC853BD98C3">
<enum>
(15)
</enum>
<text>
transition services for students with disabilities, that facilitate the achievement of the employment outcome identified in the individualized plan for employment, including services described in clauses (i) through (iii) of section 101(a)(26)(B);
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H45F0ABAA5C8B4F5B8B09E6801F6D4D8C">
<enum>
(2)
</enum>
<text>
in subsection (b), by striking paragraph (6) and inserting the following:
</text>
<quoted-block id="HFA286E8217C44B7DBD615F3E6D9B3B84" style="OLC">
<paragraph id="H46DAEC2FA19B4C60A2713194C9429401">
<enum>
(6)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H8DCB156FC5384FD69DE4033B139D6ECA">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H849A08B7935B4C57A1AFE18E8752B863">
<enum>
(i)
</enum>
<text>
Consultation and technical assistance services to assist State and local educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment.
</text>
</clause>
<clause id="H849E6D25985F4FD88127EDE50DA2C1F7" indent="up2">
<enum>
(ii)
</enum>
<text>
Training and technical assistance described in section 101(a)(26)(B)(iv).
</text>
</clause>
</subparagraph>
<subparagraph id="H62E11B519A3B4BE19F6FA5757B643AE0" indent="up1">
<enum>
(B)
</enum>
<text>
Services for groups of individuals with disabilities who meet the requirements of clauses (i) and (iii) of section 7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of section 101(a)(26)(B), to assist in the transition from school to post-school activities.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H4CB318D732FE4064BF488E7F7AC6C05D">
<enum>
(3)
</enum>
<text>
in subsection (b) by inserting at the end, the following:
</text>
<quoted-block id="H07191F9162CC4E2582243B0A74C2AC2D" style="OLC">
<paragraph id="H642CE9AED7DD4D929C9AE4323821FE08">
<enum>
(7)
</enum>
<text>
The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3001">
29 U.S.C. 3001
</external-xref>
) to promote access to assistive technology for individuals with disabilities and employers.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HF4B1A7E424574F0BA7B22E97166948E5">
<enum>
506.
</enum>
<header>
Standards and indicators
</header>
<text display-inline="no-display-inline">
Section 106 of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/726">
29 U.S.C. 726(a)
</external-xref>
) is amended—
</text>
<paragraph id="HB3A4D50C759A4731A006F74585B94DF7">
<enum>
(1)
</enum>
<text>
by striking subsection (a) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HDC538E887CEE4C0AB30E01E0788F0F97" style="OLC">
<subsection id="H19E5A048015646A6959AF3D112125F0F">
<enum>
(a)
</enum>
<header>
Standards and indicators
</header>
<text display-inline="yes-display-inline">
The performance standards and indicators for the vocational rehabilitation program carried out under this title—
</text>
<paragraph id="H70302BD2E95A41D58CB291E6EAC7DCB9">
<enum>
(1)
</enum>
<text>
shall be subject to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act of 1998; and
</text>
</paragraph>
<paragraph id="HFDD35A188D784A9DA75104D8C757177D">
<enum>
(2)
</enum>
<text>
may, at a State’s discretion, include additional indicators identified in the State plan submitted under section 101.
</text>
</paragraph>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HA6B1914E28014A049AC412EB738F8BE2">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in subsection (b)(2)(B), by striking clause (i) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA27C8E43221F49B4AB21AEAD9828703F" style="OLC">
<clause id="H426ACE6730854F0D852A6ADC24DA422E">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Director, direct the State to make revisions to the plan to improve performance; and
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H6810DF66D018435BAF2C0B530128F56B">
<enum>
507.
</enum>
<header>
Collaboration with industry
</header>
<text display-inline="no-display-inline">
The Rehabilitation Act of 1973 is amended by inserting after section 109 (
<external-xref legal-doc="usc" parsable-cite="usc/29/729">
29 U.S.C. 729
</external-xref>
) the following:
</text>
<quoted-block id="HE37733A8D7704CD8AD23761B80D6A02D" style="OLC">
<section id="H8BD0BD5DD4F341F28AC8653AE3130CEC">
<enum>
109A.
</enum>
<header>
Collaboration with industry
</header>
<subsection id="HB4991D8D8B9D414A8B79C1F7A7B9BF38">
<enum>
(a)
</enum>
<header>
Authority
</header>
<text>
A State shall use not less than one-half of one percent of the payment the State receives under section 111 for a fiscal year to award grants to eligible entities to create practical job and career readiness and training programs, and to provide job placements and career advancement.
</text>
</subsection>
<subsection id="H068ECFF8C2AD499AB238478AED48BA50">
<enum>
(b)
</enum>
<header>
Application
</header>
<text>
To receive a grant under this section, an eligible entity shall submit an application to a designated State agency at such time, in such manner, and containing such information as such agency shall require. Such application shall include, at a minimum—
</text>
<paragraph id="H44232889261043DCAC02D11A37051364">
<enum>
(1)
</enum>
<text>
a plan for evaluating the effectiveness of the program;
</text>
</paragraph>
<paragraph id="H4911405D7D16426AA060567CE4B858F1">
<enum>
(2)
</enum>
<text>
a plan for collecting and reporting the data and information described under subparagraphs (A) through (C) of section 101(a)(10), as determined appropriate by the designated State agency; and
</text>
</paragraph>
<paragraph id="HA9D462AF288C4992A1AE3C9F9C9CC297">
<enum>
(3)
</enum>
<text>
a plan for providing for the non-Federal share of the costs of the program.
</text>
</paragraph>
</subsection>
<subsection id="H881136D4A5924142976D5BAEF5D08C18">
<enum>
(c)
</enum>
<header>
Activities
</header>
<text>
An eligible entity receiving a grant under this section shall use the grant funds to carry out a program that provides one or more of the following:
</text>
<paragraph id="H5D248B52B1564B7EA3875D798BB38872">
<enum>
(1)
</enum>
<text>
Job development, job placement, and career advancement services for individuals with disabilities.
</text>
</paragraph>
<paragraph id="HD46D06708124410D8EFEA669DEF23993">
<enum>
(2)
</enum>
<text>
Training in realistic work settings in order to prepare individuals with disabilities for employment and career advancement in the competitive market.
</text>
</paragraph>
<paragraph id="H67A669B9C0484077A323BFB0111F225A">
<enum>
(3)
</enum>
<text>
Providing individuals with disabilities with such support services as may be required in order to maintain the employment and career advancement for which the individuals have received training.
</text>
</paragraph>
</subsection>
<subsection id="H07C40D36F50F405FA8C758C912FBADD0">
<enum>
(d)
</enum>
<header>
Awards
</header>
<text>
Grants under this section shall—
</text>
<paragraph id="H3DE9D9D350E94DDCAA4FACE3A3218A48">
<enum>
(1)
</enum>
<text>
be awarded for a period not to exceed 5 years; and
</text>
</paragraph>
<paragraph id="H5AEB70DD5CD949109F8BA93E0FA5EF95">
<enum>
(2)
</enum>
<text>
be awarded competitively.
</text>
</paragraph>
</subsection>
<subsection id="HB3053E82C5FF4ADCBA1AB261133F413F">
<enum>
(e)
</enum>
<header>
Eligible entity defined
</header>
<text>
For the purposes of this section, the term
<term>
eligible entity
</term>
means a for-profit business, alone or in partnership with one or more of the following:
</text>
<paragraph id="H2E65F295CD80408BA46C5734C95B2A91">
<enum>
(1)
</enum>
<text>
Community rehabilitation program providers.
</text>
</paragraph>
<paragraph id="H88F5B74836FA4A9C92472FEEB91D9819">
<enum>
(2)
</enum>
<text>
Indian tribes.
</text>
</paragraph>
<paragraph id="H986A7BEF78F6416899C8D4AAA47B2AAD">
<enum>
(3)
</enum>
<text>
Tribal organizations.
</text>
</paragraph>
</subsection>
<subsection id="HC53CFA4721884A54B95159EAAC0030A4">
<enum>
(f)
</enum>
<header>
Federal share
</header>
<text>
The Federal share of a program under this section shall not exceed 80 percent of the costs of the program.
</text>
</subsection>
<subsection id="HCAA188B67F9646D7B40DF3D4BB4B563E">
<enum>
(g)
</enum>
<header>
Eligibility for services
</header>
<text>
An individual shall be eligible for services provided under a program under this section if the individual is determined under section 102(a)(1) to be eligible for assistance under this title.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H5009510B96A74465ADB855201F8C8270">
<enum>
508.
</enum>
<header>
Reservation for expanded transition services
</header>
<text display-inline="no-display-inline">
The Rehabilitation Act of 1973 is amended by inserting after section 110 (
<external-xref legal-doc="usc" parsable-cite="usc/29/730">
29 U.S.C. 730
</external-xref>
) the following:
</text>
<quoted-block id="HD60E895B8D584B7EA2B63570F4EE253A" style="OLC">
<section id="H826CBAD1D8D242778653DE423EEE16FF">
<enum>
110A.
</enum>
<header>
Reservation for expanded transition services
</header>
<text display-inline="no-display-inline">
Each State shall reserve not less than 10 percent of the funds allotted to the State under section 110(a) to carry out programs and activities under sections 101(a)(26)(B) and 103(b)(6).
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HF9C6F7E9A48C4C238B229138C8832218">
<enum>
509.
</enum>
<header>
Client assistance program
</header>
<text display-inline="no-display-inline">
Section 112(e)(1) of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732(e)(1)
</external-xref>
) is amended by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following:
</text>
<quoted-block id="HA9081FEDA62146E2AA36E68B8E8BBD58" style="OLC">
<subparagraph id="H5E554C459A284B11B1EF690DB83BBADC">
<enum>
(D)
</enum>
<text>
The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. The amount of such grants shall be the same as provided to territories under this subsection.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HA666B08EA7F44F9DA1FAB659AFB2ACCD">
<enum>
510.
</enum>
<header>
Title III amendments
</header>
<text display-inline="no-display-inline">
Title III of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/771">
29 U.S.C. 771 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="HA9B5B9428BE349A586A6E6B5323A5033">
<enum>
(1)
</enum>
<text>
in section 301(a)—
</text>
<subparagraph id="H2FB8A89D08E1419EA157AFFBA845B62F">
<enum>
(A)
</enum>
<text>
in paragraph (2), by inserting
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="H4895F14289B342B9A0F9944D2683AF21">
<enum>
(B)
</enum>
<text>
by striking paragraphs (3) and (4); and
</text>
</subparagraph>
<subparagraph id="H27C9CDE9C72D46019298C0AE720152A4">
<enum>
(C)
</enum>
<text>
by redesignating paragraph (5) as paragraph (3);
</text>
</subparagraph>
</paragraph>
<paragraph id="H4EA70719633B471A99C24A11863FA3C2">
<enum>
(2)
</enum>
<text>
in section 302(g)—
</text>
<subparagraph id="H6531E5B25BDF4A85A99A2032726D5792">
<enum>
(A)
</enum>
<text>
in the heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
And In-Service Training
</header-in-text>
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HCC9C745C35C042E2982065F3064D238A">
<enum>
(B)
</enum>
<text>
by striking paragraph (3);
</text>
</subparagraph>
</paragraph>
<paragraph id="H9EDF5D39DD184BE5B8678F9ADDBD2573">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in section 303(c)—
</text>
<subparagraph id="HF01FAB92BEEB4BA78D78E6CEE891972C">
<enum>
(A)
</enum>
<text>
in paragraph (4)—
</text>
<clause id="H91AB9A4BD19F40708D4AFD08C75EF73C">
<enum>
(i)
</enum>
<text>
by amending subparagraph (A)(ii) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H7604296459024F1B91C25FA7D16DCDB7" style="OLC">
<clause id="H5039B60A36DF462D85C5731744CA0E38">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
to coordinate and work closely with the parent training and information centers established pursuant to section 671 of the Individuals with Disabilities Education Act, the community parent resource centers established pursuant to section 672 of such Act, and the eligible entities receiving awards under section 673 of such Act; and
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H8F2EB3B0B13C4F4AA13348C0FF8DDF29">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (C), by inserting
<quote>
, and demonstrate the capacity for serving,
</quote>
after
<quote>
serve
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H1C6BEF4D56D14A97873C7CDA6DE2DD57">
<enum>
(B)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5B86A75757C74E25A6B6A67C1CEF6864" style="OLC">
<paragraph commented="no" id="H176F1AD95F394600817B88C7D2526CE5">
<enum>
(8)
</enum>
<header>
Reservation
</header>
<text display-inline="yes-display-inline">
From the amount appropriated to carry out this subsection for a fiscal year, 20 percent of such amount or $500,000, whichever is less, shall be reserved to carry out paragraph (6).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H5FCC023A366F41C5A0F0AD643A54C3CD">
<enum>
(4)
</enum>
<text>
by striking sections 304 and 305; and
</text>
</paragraph>
<paragraph id="HDB4BB3294C8444DEB2C44148E281EBA8">
<enum>
(5)
</enum>
<text>
by redesignating section 306 as section 304.
</text>
</paragraph>
</section>
<section id="H9C2DD2089E244E2EA21E28DDB5005A57">
<enum>
511.
</enum>
<header>
Repeal of title VI
</header>
<text display-inline="no-display-inline">
The Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
) is amended by repealing title VI.
</text>
</section>
<section id="H02A338DC95D44BE4836A2B547C54ABAB">
<enum>
512.
</enum>
<header>
Chairperson
</header>
<text display-inline="no-display-inline">
Section 705(b)(5) of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796d">
29 U.S.C. 796d(b)(5)
</external-xref>
) is amended to read as follows:
</text>
<quoted-block id="H4E4D29902F61484BBEB23D3C3FA32D96" style="OLC">
<paragraph id="H6F68E5EAD7B6425BB0152E60D195C1E0">
<enum>
(5)
</enum>
<header>
Chairperson
</header>
<text>
The Council shall select a chairperson from among the voting membership of the Council.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H4A06DFA89EB44AFEAC829BAEB744CCC0">
<enum>
513.
</enum>
<header>
Authorizations of appropriations
</header>
<text display-inline="no-display-inline">
The Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
) is further amended—
</text>
<paragraph id="H11DAE6BAED954A4E9487512393EC52D2">
<enum>
(1)
</enum>
<text>
in section 100(b)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720(b)(1)
</external-xref>
), by striking
<quote>
such sums as may be necessary for fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$3,121,712,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="H33E9B21578494DEBAB04D339F0B31167">
<enum>
(2)
</enum>
<text>
in section 110(c) (
<external-xref legal-doc="usc" parsable-cite="usc/29/730">
29 U.S.C. 730(c)
</external-xref>
), by amending paragraph (2) to read as follows:
</text>
<quoted-block id="H7F24F736C56443DAAD9E3C657C734E93" style="OLC">
<paragraph id="HED94B55EB87A4556B686EFC370E93BC6">
<enum>
(2)
</enum>
<text>
The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1) for each of fiscal years 2014 through 2020.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H7AE448C7F7AF4D9282C918CB60C0B706">
<enum>
(3)
</enum>
<text>
in section 112(h) (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732(h)
</external-xref>
) by striking
<quote>
such sums as may be necessary for fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$12,240,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="H23F2A275504044BD8B36CA2D85250727">
<enum>
(4)
</enum>
<text>
by amending subsection (a) of section 201 (
<external-xref legal-doc="usc" parsable-cite="usc/29/761">
29 U.S.C. 761(a)
</external-xref>
) to read as follows:
<quote>
(a) There are authorized to be appropriated $108,817,000 for fiscal year 2014 and each of the 6 succeeding fiscal years to carry out this title.
</quote>
;
</text>
</paragraph>
<paragraph id="H29763A1725734221940276F166CB50DC">
<enum>
(5)
</enum>
<text>
in section 302(i) (
<external-xref legal-doc="usc" parsable-cite="usc/29/772">
29 U.S.C. 772(i)
</external-xref>
) by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$35,515,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="HB1FCE2EEBF504229A20312EF1A98269F">
<enum>
(6)
</enum>
<text>
in section 303(e) (
<external-xref legal-doc="usc" parsable-cite="usc/29/773">
29 U.S.C. 773(e)
</external-xref>
) by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$5,325,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="H34C3C69F139C4CDBA783DD7AD4FE03D6">
<enum>
(7)
</enum>
<text>
in section 405 (
<external-xref legal-doc="usc" parsable-cite="usc/29/785">
29 U.S.C. 785
</external-xref>
) by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$3,258,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="HD0A79C253ED8435186D37CE9B6713516">
<enum>
(8)
</enum>
<text>
in section 502(j) (
<external-xref legal-doc="usc" parsable-cite="usc/29/792">
29 U.S.C. 792(j)
</external-xref>
) by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$7,400,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="H200EF112EB344F10A9A7070F490A9931">
<enum>
(9)
</enum>
<text>
in section 509(l) (
<external-xref legal-doc="usc" parsable-cite="usc/29/794e">
29 U.S.C. 794e(l)
</external-xref>
) by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$18,031,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="HD88DADC600A545FEA337F78E206ADF56">
<enum>
(10)
</enum>
<text>
in section 714 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e-3">
29 U.S.C. 796e–3
</external-xref>
), by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$23,359,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="H7BADE9DB2F0A4174ADC69BA2D33748D1">
<enum>
(11)
</enum>
<text>
in section 727 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-6">
29 U.S.C. 796f–6
</external-xref>
), by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$79,953,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
; and
</text>
</paragraph>
<paragraph id="H06913FD5362F4473A75B4A1F9F48E2E1">
<enum>
(12)
</enum>
<text>
in section 753 (
<external-xref legal-doc="usc" parsable-cite="usc/29/7961">
29 U.S.C. 7961
</external-xref>
), by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$34,018,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
.
</text>
</paragraph>
</section>
<section id="H716DD78513554E6BAE17DBD50AF3BFE0">
<enum>
514.
</enum>
<header>
Conforming amendments
</header>
<text display-inline="no-display-inline">
Section 1(b) of the Rehabilitation Act of 1973 is amended—
</text>
<paragraph id="HEAD90ECE222D440E913791B03787F757">
<enum>
(1)
</enum>
<text>
by inserting after the item relating to section 109 the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD4BF00435948447294537E3F628C04A1" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 109A. Collaboration with industry.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H1694C9790A814EEC805E32D1307B3563">
<enum>
(2)
</enum>
<text>
by inserting after the item relating to section 110 the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE105EB8872C4449E8BEEC18DE3E2496D" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 110A. Reservation for expanded transition services.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H761B707E529840F8A049BD4F21C31C68">
<enum>
(3)
</enum>
<text>
by striking the item related to section 304 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H421107C4A06C476B90337A28E7A893FE" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 304. Measuring of project outcomes and performance.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HD5005BB416B94E619F39917BC9653695">
<enum>
(4)
</enum>
<text>
by striking the items related to sections 305 and 306; and
</text>
</paragraph>
<paragraph id="HD48772CED1C841D2A27E732D9A553D24">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
by striking the items related to title VI.
</text>
</paragraph>
</section>
</title>
<title id="H2CF1DF73BE5F49F989C5B7A1D7718F97">
<enum>
VI
</enum>
<header>
Studies by the Comptroller General
</header>
<section id="HFE2C3C78E5104FB8B573143209748961">
<enum>
601.
</enum>
<header>
Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds
</header>
<text display-inline="no-display-inline">
Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that—
</text>
<paragraph id="H3DBEB73B2606474FABA2F95B5F292728">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
evaluates the effectiveness of subparagraph (B) of section 134(d)(4) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(d)(4)(B)
</external-xref>
) (as such subparagraph was in effect on the day before the date of enactment of this Act), including—
</text>
<subparagraph id="H270AE8D3E5D84D7086AB774DD4A34E9F">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
a review of the regulations and guidance issued by the Secretary of Labor to State and local areas on how to comply with such subparagraph;
</text>
</subparagraph>
<subparagraph id="HF494B1F1340247FE818A34628E7C09D6">
<enum>
(B)
</enum>
<text>
a review of State policies to determine how local areas are required to comply with such subparagraph;
</text>
</subparagraph>
<subparagraph id="HF15ED5CB8B1F4C27B0C38ADA6FBB4FA4">
<enum>
(C)
</enum>
<text>
a review of local area policies to determine how one-stop operators are required to comply with such subparagraph; and
</text>
</subparagraph>
<subparagraph id="H122B063C1F8946C48A17AFB78203C74D">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
a review of a sampling of individuals receiving training services under section 134(d)(4) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(d)(4)
</external-xref>
) to determine if, before receiving such training services, such individuals have exhausted funds received through the Federal Pell Grant program under title IV of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1070">
20 U.S.C. 1070 et seq.
</external-xref>
); and
</text>
</subparagraph>
</paragraph>
<paragraph id="HCD3236223D684764988DB260CD61FBCA">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
makes appropriate recommendations with respect to the matters evaluated under paragraph (1).
</text>
</paragraph>
</section>
<section id="H3EC434384B6F452D924D78737D6E3632">
<enum>
602.
</enum>
<header>
Study by the Comptroller General on administrative cost savings
</header>
<subsection id="HE8AB7DD2163047DBACEF5838A1F60D3D">
<enum>
(a)
</enum>
<header>
Study
</header>
<text display-inline="yes-display-inline">
Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that—
</text>
<paragraph id="H9A2399BCA6794131B3CF9A318F916F66">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
determines the amount of administrative costs at the Federal and State levels for the most recent fiscal year for which satisfactory data are available for—
</text>
<subparagraph id="H8FD41CBDF8BF4857B82C27F5C35C2CA3">
<enum>
(A)
</enum>
<text>
each of the programs authorized under the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
) or repealed under section 401 of this Act, as such programs were in effect for such fiscal year; and
</text>
</subparagraph>
<subparagraph id="H4EFA271502144E23887D39B107D495F0">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
each of the programs described in subparagraph (A) that have been repealed or consolidated on or after the date of enactment of this Act;
</text>
</subparagraph>
</paragraph>
<paragraph id="HED43C5779DB54DD6BBDCE6CBF1BBA56B">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
determines the amount of administrative cost savings at the Federal and State levels as a result of repealing and consolidating programs by calculating the differences in the amount of administrative costs between subparagraph (A) and subparagraph (B) of paragraph (1); and
</text>
</paragraph>
<paragraph id="H83427C95CF214153855E58A93566D094">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
estimates the administrative costs savings at the Federal and State levels for a fiscal year as a result of States consolidating funds under section 501(e) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/20/9271">
20 U.S.C. 9271(e)
</external-xref>
) to reduce inefficiencies in the administration of federally-funded State and local employment and training programs.
</text>
</paragraph>
</subsection>
<subsection id="H46F37DAC127D40C992557F5AE2ABB923">
<enum>
(b)
</enum>
<header>
Definition
</header>
<text>
For purposes of this section, the term
<quote>
administrative cost
</quote>
has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
).
</text>
</subsection>
</section>
</title>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20130315">
Passed the House of Representatives March 15, 2013.
</attestation-date>
<attestor display="no">
Karen L. Haas,
</attestor>
<role>
Clerk.
</role>
</attestation-group>
</attestation>
<endorsement display="yes"/>
</bill>
| I 113th CONGRESS 1st Session H. R. 803 IN THE HOUSE OF REPRESENTATIVES AN ACT To reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more competitive in the 21st century.
1. Short title This Act may be cited as the Supporting Knowledge and Investing in Lifelong Skills Act or the SKILLS Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Effective date. Title I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998 Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 102. Purpose. Sec. 103. State workforce investment boards. Sec. 104. State plan. Sec. 105. Local workforce investment areas. Sec. 106. Local workforce investment boards. Sec. 107. Local plan. Sec. 108. Establishment of one-stop delivery system. Sec. 109. Identification of eligible providers of training services. Sec. 110. General authorization. Sec. 111. State allotments. Sec. 112. Within State allocations. Sec. 113. Use of funds for employment and training activities. Sec. 114. Performance accountability system. Sec. 115. Authorization of appropriations. Subtitle C—Job Corps Sec. 116. Job Corps purposes. Sec. 117. Job Corps definitions. Sec. 118. Individuals eligible for the Job Corps. Sec. 119. Recruitment, screening, selection, and assignment of enrollees. Sec. 120. Job Corps centers. Sec. 121. Program activities. Sec. 122. Counseling and job placement. Sec. 123. Support. Sec. 124. Operations. Sec. 125. Community participation. Sec. 126. Workforce councils. Sec. 127. Technical assistance. Sec. 128. Special provisions. Sec. 129. Performance accountability management. Subtitle D—National Programs Sec. 130. Technical assistance. Sec. 131. Evaluations. Subtitle E—Administration Sec. 132. Requirements and restrictions. Sec. 133. Prompt allocation of funds. Sec. 134. Fiscal controls; sanctions. Sec. 135. Reports to Congress. Sec. 136. Administrative provisions. Sec. 137. State legislative authority. Sec. 138. General program requirements. Sec. 139. Federal agency staff and restrictions on political and lobbying activities. Subtitle F—State unified plan Sec. 140. State unified plan. Title II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Amendment. Title III—AMENDMENTS TO THE WAGNER-PEYSER ACT Sec. 301. Amendments to the Wagner-Peyser Act. Title IV—REPEALS AND CONFORMING AMENDMENTS Sec. 401. Repeals. Sec. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Sec. 403. Amendments to the Food and Nutrition Act of 2008. Sec. 404. Amendments to section 412 of the Immigration and Nationality Act. Sec. 405. Amendments relating to the Second Chance Act of 2007. Sec. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968. Sec. 407. Conforming amendments to the United States Code. Sec. 408. Conforming amendment to table of contents. Title V—AMENDMENTS TO THE REHABILITATION ACT OF 1973 Sec. 501. Findings. Sec. 502. Rehabilitation services administration. Sec. 503. Definitions. Sec. 504. State plan. Sec. 505. Scope of services. Sec. 506. Standards and indicators. Sec. 507. Collaboration with industry. Sec. 508. Reservation for expanded transition services. Sec. 509. Client assistance program. Sec. 510. Title III amendments. Sec. 511. Repeal of title VI. Sec. 512. Chairperson. Sec. 513. Authorizations of appropriations. Sec. 514. Conforming amendments. Title VI—Studies by the Comptroller General Sec. 601. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds. Sec. 602. Study by the Comptroller General on administrative cost savings. 3. References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 ( 29 U.S.C. 9201 et seq. ). 4. Effective date Except as otherwise provided, this Act and the amendments made by this Act shall be effective with respect to fiscal year 2014 and succeeding fiscal years. I AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998 A Workforce Investment Definitions 101. Definitions Section 101 ( 29 U.S.C. 2801 ) is amended— (1) by striking paragraphs (13) and (24); (2) by redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14) through (23) as paragraphs (15) through (24), respectively; (3) by striking paragraphs (52) and (53); (4) by inserting after In this title: the following new paragraphs: (1) Accrued expenditures The term accrued expenditures means charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; services performed by employees, contractors, subgrantees, subcontractors, and other payees; and other amounts becoming owed under programs assisted under this title for which no current services or performance is required, such as annuities, insurance claims, and other benefit payments. (2) Administrative costs The term administrative costs means expenditures incurred by State and local workforce investment boards, direct recipients (including State grant recipients under subtitle B and recipients of awards under subtitles C and D), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under this title which are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and non-personnel and both direct and indirect. ; (5) in paragraph (3) (as so redesignated), by striking Except in sections 127 and 132, the and inserting The ; (6) by amending paragraph (5) (as so redesignated) to read as follows: (5) Area career and technical education school The term area career and technical education school has the meaning given the term in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302(3) ). ; (7) in paragraph (6) (as so redesignated), by inserting (or such other level as the Governor may establish) after 8th grade level ; (8) in paragraph (10)(C) (as so redesignated), by striking not less than 50 percent of the cost of the training and inserting a significant portion of the cost of training, as determined by the local board (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board determines to be appropriate ; (9) in paragraph (11) (as so redesignated)— (A) in subparagraph (A)(ii)(II), by striking section 134(c) and inserting section 121(e) ; (B) in subparagraph (B)(iii)— (i) by striking 134(d)(4) and inserting 134(c)(4) ; and (ii) by striking intensive services described in section 134(d)(3) and inserting work ready services described in section 117(d)(5)(C) ; (C) in subparagraph (C), by striking or after the semicolon; (D) in subparagraph (D), by striking the period and inserting ; or ; and (E) by adding at the end the following: (E) (i) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or (ii) is the spouse of a member of the Armed Forces on active duty who meets the criteria described in paragraph (12)(B). ; (10) in paragraph (12)(A) (as redesignated)— (A) by striking and after the semicolon and inserting or ; (B) by striking (A) and inserting (A)(i) ; and (C) by adding at the end the following: (ii) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; and ; (11) in paragraph (13) (as so redesignated), by inserting or regional after local each place it appears; (12) in paragraph (14) (as so redesignated)— (A) in subparagraph (A), by striking section 122(e)(3) and inserting section 122 ; (B) by striking subparagraph (B), and inserting the following: (B) work ready services, means a provider who is identified or awarded a contract as described in section 117(d)(5)(C); or ; (C) by striking subparagraph (C); and (D) by redesignating subparagraph (D) as subparagraph (C). (13) in paragraph (15) (as so redesignated), by striking adult or dislocated worker and inserting individual ; (14) in paragraph (25)— (A) in subparagraph (B), by striking higher of— and all that follows through clause (ii) and inserting poverty line for an equivalent period; ; (B) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and (C) by inserting after subparagraph (C) the following: (D) receives or is eligible to receive free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); ; (15) in paragraph (32), by striking the Republic of the Marshall Islands, the Federated States of Micronesia, ; (16) by amending paragraph (33) to read as follows: (33) Out-of-school youth The term out-of-school youth means— (A) an at-risk youth who is a school dropout; or (B) an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed. . (17) in paragraph (38), by striking 134(a)(1)(A) and inserting 134(a)(1)(B) ; (18) by amending paragraph (49) to read as follows: (49) Veteran The term veteran has the same meaning given the term in section 2108(1) of title 5, United States Code. ; (19) by amending paragraph (50) to read as follows: (50) Career and technical education The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). ; (20) in paragraph (51) by striking , and a youth activity ; and (21) by adding at the end the following: (52) At-risk youth Except as provided in subtitle C, the term at-risk youth means an individual who— (A) is not less than age 16 and not more than age 24; (B) is a low-income individual; and (C) is an individual who is one or more of the following: (i) a secondary school dropout; (ii) a youth in foster care (including youth aging out of foster care); (iii) a youth offender; (iv) a youth who is an individual with a disability; or (v) a migrant youth. (53) Industry or sector partnership The term industry or sector partnership means a partnership of a State or local board and one or more industries and other entities that have the capability to help the State or local board determine the immediate and long term skilled workforce needs of in-demand industries and other occupations important to the State or local economy, respectively. (54) Industry-recognized credential The term industry-recognized credential means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring. (55) Recognized postsecondary credential The term ‘recognized postsecondary credential’ means a credential awarded by a training provider or postsecondary educational institution based on completion of all requirements for a program of study, including coursework or tests or other performance evaluations. The term includes an industry-recognized credential, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree. (56) Pay-for-performance contract strategy The term pay-for-performance contract strategy means a strategy in which a pay-for-performance contract to provide a program of employment and training activities incorporates— (A) the core indicators of performance described in subclauses (I) through (IV) of section 136(b)(2)(A)(i); (B) a fixed amount that will be paid to an eligible provider of such employment and training activities for each program participant who, within a defined timetable, achieves the agreed to levels of performance based upon the core indicators of performance described in subparagraph (A), and may include a bonus payment to such provider which may be used to expand the capacity of such provider; (C) the ability for an eligible provider to recoup the costs of training a program participant who has not met such core indicators of performance, but for whom the provider is able to demonstrate that such participant gained specific competencies required for education and career advancement that are, where feasible, tied to industry-recognized credentials and related standards, or State licensing requirements; and (D) the ability for an eligible provider that does not meet the requirements under section 122(a)(2) to participate in such pay-for-performance contract and to not be required to report on the performance and cost information required under section 122(d). . B Statewide and Local Workforce Investment Systems 102. Purpose Section 106 ( 29 U.S.C. 2811 ) is amended by adding at the end the following: It is also the purpose of this subtitle to provide workforce investment activities in a manner that enhances employer engagement, promotes customer choices in the selection of training services, and ensures accountability in the use of the taxpayer funds. . 103. State workforce investment boards Section 111 ( 29 U.S.C. 2821 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B) (as so redesignated)— (I) by amending clause (i)(I), by striking section 117(b)(2)(A)(i) and inserting section 117(b)(2)(A) ; (II) by amending clause (i)(II) to read as follows: (II) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the State economy; and ; (III) by striking clause (iii) and inserting the following: (iii) a State agency official responsible for economic development; and ; (IV) by striking clauses (iv) through (vi); (V) by amending clause (vii) to read as follows: (vii) such other representatives and State agency officials as the Governor may designate, including— (I) members of the State legislature; (II) representatives of individuals and organizations that have experience with respect to youth activities; (III) representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community-based organizations within the State; (IV) representatives of the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners; or (V) representatives of veterans service organizations. ; and (VI) by redesignating clause (vii) (as so amended) as clause (iv); and (B) by amending paragraph (3) to read as follows: (3) Majority A 2/3 majority of the members of the board shall be representatives described in paragraph (1)(B)(i). ; (2) in subsection (c), by striking (b)(1)(C)(i) and inserting (b)(1)(B)(i) ; (3) by amending subsection (d) to read as follows: (d) Functions The State board shall assist the Governor of the State as follows: (1) State plan Consistent with section 112, develop a State plan. (2) Statewide workforce development system Review and develop statewide policies and programs in the State in a manner that supports a comprehensive Statewide workforce development system that will result in meeting the workforce needs of the State and its local areas. Such review shall include determining whether the State should consolidate additional programs into the Workforce Investment Fund in accordance with section 501(e). (3) Workforce and labor market information system Develop a statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act, which may include using existing information conducted by the State economic development entity or related entity in developing such system. (4) Employer engagement Develop strategies across local areas that meet the needs of employers and support economic growth in the State by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (5) Designation of local areas Designate local areas as required under section 116. (6) One-stop delivery system Identify and disseminate information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies. (7) Program oversight Conduct the following program oversight: (A) Reviewing and approving local plans under section 118. (B) Ensuring the appropriate use and management of the funds provided for State employment and training activities authorized under section 134. (C) Preparing an annual report to the Secretary described in section 136(d). (8) Development of performance measures Develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, as described under section 136(b). ; (4) by striking subsection (e) and redesignating subsection (f) as subsection (e); (5) in subsection (e) (as so redesignated), by inserting or participate in any action taken after vote ; (6) by inserting after subsection (e) (as so redesignated), the following: (f) Staff The State board may employ staff to assist in carrying out the functions described in subsection (d). ; and (7) in subsection (g), by inserting electronic means and after on a regular basis through . 104. State plan Section 112 ( 29 U.S.C. 2822 )— (1) in subsection (a)— (A) by striking 127 or ; and (B) by striking 5-year strategy and inserting 3-year strategy ; (2) in subsection (b)— (A) by amending paragraph (4) to read as follows: (4) information describing— (A) the economic conditions in the State; (B) the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy; (C) the knowledge and skills of the workforce in the State; and (D) workforce development activities (including education and training) in the State; ; (B) by amending paragraph (7) to read as follows: (7) a description of the State criteria for determining the eligibility of training providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training programs relate to occupations that are in-demand; ; (C) by amending paragraph (8) to read as follows: (8) (A) a description of the procedures that will be taken by the State to assure coordination of, and avoid duplication among, the programs and activities identified under section 501(b)(2); and (B) a description of common data collection and reporting processes used for the programs and activities described in subparagraph (A), which are carried out by one-stop partners, including— (i) assurances that such processes use quarterly wage records for performance measures described in section 136(b)(2)(A) that are applicable to such programs or activities; or (ii) if such wage records are not being used for the performance measures, an identification of the barriers to using such wage records and a description of how the State will address such barriers within one year of the approval of the plan; ; (D) in paragraph (9), by striking , including comment by representatives of businesses and representatives of labor organizations, ; (E) in paragraph (11), by striking under sections 127 and 132 and inserting under section 132 ; (F) by striking paragraph (12); (G) by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively; (H) in paragraph (12) (as so redesignated), by striking 111(f) and inserting 111(e) ; (I) in paragraph (13) (as so redesignated), by striking 134(c) and inserting 121(e) ; (J) in paragraph (14) (as so redesignated), by striking 116(a)(5) and inserting 116(a)(4) ; (K) in paragraph (16) (as so redesignated)— (i) in subparagraph (A)— (I) in clause (ii), by striking to dislocated workers ; (II) in clause (iii), by striking 134(d)(4) and inserting 134(c)(4) ; (III) by striking and at the end of clause (iii); (IV) by amending clause (iv) to read as follows: (iv) how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. )), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled and homeless veterans), and Native Americans; and ; and (V) by adding at the end the following new clause: (v) how the State will— (I) consistent with section 188 and Executive Order No. 13217 ( 42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and (II) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; ; and (ii) in subparagraph (B), by striking to the extent practicable and inserting in accordance with the requirements of the Jobs for Veterans Act ( Public Law 107–288 ) and the amendments made by such Act ; and (L) by striking paragraph (17) (as so redesignated) and inserting the following: (17) a description of the strategies and services that will be used in the State— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the State economy; (B) to meet the needs of employers in the State; and (C) to better coordinate workforce development programs with economic development activities; (18) a description of how the State board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; (B) to address the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the State economy, and (C) to address critical skill gaps within and across industries; (19) a description of how the State will utilize technology to facilitate access to services in remote areas, which may be used throughout the State; (20) a description of the State strategy and assistance to be provided for encouraging regional cooperation within the State and across State borders, as appropriate; (21) a description of the actions that will be taken by the State to foster communication, coordination, and partnerships with non-profit organizations (including public libraries, community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, to enhance the quality and comprehensiveness of services available to participants under this title; (22) a description of the process and methodology for determining— (A) one-stop partner program contributions for the cost of the infrastructure of one-stop centers under section 121(h)(1); and (B) the formula for allocating such infrastructure funds to local areas under section 121(h)(3); (23) a description of the strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the State and local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; and (24) a description of— (A) how the State will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the State to assist and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the State. ; (3) in subsection (c), by striking period, that— and all that follows through paragraph (2) and inserting period, that the plan is inconsistent with the provisions of this title. ; and (4) in subsection (d), by striking 5-year and inserting 3-year . 105. Local workforce investment areas Section 116 ( 29 U.S.C. 2831 ) is amended— (1) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general (A) Process In order to receive an allotment under section 132, a State, through the State board, shall establish a process to designate local workforce investment areas within the State. Such process shall— (i) support the statewide workforce investment system developed under section 111(d)(2) that will meet the workforce needs of the State and its local areas; (ii) include prior consultation with chief elected officials; (iii) consider comments received through the public comment process as described in section 112(b)(9); and (iv) require the submission of an approved application under subparagraph (B). (B) Application To be designated as a local area under this paragraph, a local or regional board (or consortiums of local or regional boards) shall submit an application to a State board at such time, in such manner, and containing such information as the State board may require, including— (i) a description of the local area, including the population that will be served by the local area, and the education and training needs of its employers and workers; (ii) a description of how the local area is consistent or aligned with— (I) service delivery areas; (II) labor market areas; and (III) economic development regions; (iii) a description of the eligible providers of education and training, including postsecondary educational institutions such as community colleges, located in the local area available to meet the needs of the local workforce; (iv) a description of the distance that individuals will need to travel to receive services provided in such local area; and (v) any other criteria that the State board may require. (C) Priority In designating local areas under this paragraph, a State board shall give priority consideration to applicants demonstrating that a designation as a local area under this paragraph will result in the reduction of overlapping service delivery areas, local market areas, or economic development regions. (D) Alignment with local plan A State may designate an applicant as a local area under this paragraph for a period not to exceed 3 years. . (B) by amending paragraph (2) to read as follows: (2) Technical assistance The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1). ; (C) by striking paragraph (3); (D) by striking paragraph (4); (E) by redesignating paragraph (5) as paragraph (3); and (F) in paragraph (3) (as so redesignated), by striking (2) or (3) both places it appears and inserting (1) ; (2) by amending subsection (b) to read as follows: (b) Single states Consistent with subsection (a), the State board of a State may designate the State as a single State local area for the purposes of this title. ; and (3) in subsection (c)— (A) in paragraph (1), by adding at the end the following: The State may require the local boards for the designated region to prepare a single regional plan that incorporates the elements of the local plan under section 118 and that is submitted and approved in lieu of separate local plans under such section. ; and (B) in paragraph (2), by striking employment statistics and inserting workforce and labor market information . 106. Local workforce investment boards Section 117 ( 29 U.S.C. 2832 ) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking include— and all that follows through representatives and inserting include representatives ; (II) by striking clauses (ii) through (vi); (III) by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively (and by moving the margins of such clauses 2 ems to the left); (IV) by striking clause (ii) (as so redesignated) and inserting the following: (ii) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the local economy; and ; and (V) by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting ; and ; and (ii) by amending subparagraph (B) to read as follows: (B) may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate, including— (i) a superintendent of the local secondary school system, the president or chief executive officer of a postsecondary educational institution (including a community college, where such an entity exists), or an administrator of local entities providing adult education and literacy activities; (ii) representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); or (iii) representatives of veterans service organizations. ; (B) in paragraph (4)— (i) by striking A majority and inserting A 2/3 majority ; and (ii) by striking (2)(A)(i) and inserting (2)(A) ; and (C) in paragraph (5) by striking (2)(A)(i) and inserting (2)(A) ; (2) by striking subsection (c)(1)(C); (3) by amending subsection (d) to read as follows: (d) Functions of local board The functions of the local board shall include the following: (1) Local plan Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor. (2) Workforce research and regional labor market analysis (A) In general The local board shall— (i) conduct, and regularly update, an analysis of— (I) the economic conditions in the local area; (II) the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy; (III) the knowledge and skills of the workforce in the local area; and (IV) workforce development activities (including education and training) in the local area; and (ii) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act. (B) Existing analysis A local board shall use existing analysis by the local economic development entity or related entity in order to carry out requirements of subparagraph (A)(i). (3) Employer engagement The local Board shall meet the needs of employers and support economic growth in the local area by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (4) Budget and administration (A) Budget (i) In general The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection. (ii) Training reservation In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(c)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve under this clause. (B) Administration (i) Grant recipient (I) In general The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under section 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability. (II) Designation In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I). (III) Disbursal The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board. (ii) Staff The local board may employ staff to assist in carrying out the functions described in this subsection. (iii) Grants and donations The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act. (5) Selection of operators and providers (A) Selection of one-stop operators Consistent with section 121(d), the local board, with the agreement of the chief elected official— (i) shall designate or certify one-stop operators as described in section 121(d)(2)(A); and (ii) may terminate for cause the eligibility of such operators. (B) Identification of eligible training service providers Consistent with this subtitle, the local board shall identify eligible providers of training services described in section 134(c)(4) in the local area, annually review the outcome of each such eligible provider using the criteria under section 122(b)(2), and designate eligible providers in the local area who have demonstrated the highest level of success with respect to such criteria as priority eligible providers for the following program year. (C) Identification of eligible providers of work ready services If the one-stop operator does not provide the services described in section 134(c)(2) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts. (6) Program oversight The local board, in partnership with the chief elected official, shall be responsible for— (A) ensuring the appropriate use and management of the funds provided for local employment and training activities authorized under section 134(b); and (B) conducting oversight of the one-stop delivery system in the local area authorized under section 121. (7) Negotiation of local performance measures The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c). (8) Technology improvements The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including in remote areas. ; (4) in subsection (e)— (A) by inserting electronic means and after regular basis through ; and (B) by striking and the award of grants or contracts to eligible providers of youth activities, ; (5) in subsection (f)— (A) in paragraph (1)(A), by striking section 134(d)(4) and inserting section 134(c)(4) ; and (B) by striking paragraph (2) and inserting the following: (2) Work ready services, designation, or certification as one-stop operators A local board may provide work ready services described in section 134(c)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor. ; (6) in subsection (g)(1), by inserting or participate in any action taken after vote ; and (7) by striking subsections (h) and (i). 107. Local plan Section 118 ( 29 U.S.C. 2833 ) is amended— (1) in subsection (a), by striking 5-year and inserting 3-year ; (2) by amending subsection (b) to read as follows: (b) Contents The local plan shall include— (1) a description of the analysis of the local area's economic and workforce conditions conducted under section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle; (2) a description of the one-stop delivery system in the local area, including— (A) a description of how the local board will ensure— (i) the continuous improvement of eligible providers of services through the system; and (ii) that such providers meet the employment needs of local businesses and participants; and (B) a description of how the local board will facilitate access to services provided through the one-stop delivery system consistent with section 117(d)(8); (3) a description of the strategies and services that will be used in the local area— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the local economy; (B) to meet the needs of employers in the local area; (C) to better coordinate workforce development programs with economic development activities; and (D) to better coordinate workforce development programs with employment, training, and literacy services carried out by nonprofit organizations, including public libraries, as appropriate; (4) a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; (B) to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the local economy; and (C) to address critical skill gaps within and across industries; (5) a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(c)(4); (6) a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide activities, as appropriate; (7) a description of how the local area will— (A) coordinate activities with the local area’s disability community and with services provided under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(A)(i)(VIII) ) by local educational agencies serving such local area to make available comprehensive, high-quality services to individuals with disabilities; (B) consistent with section 188 and Executive Order No. 13217 ( 42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities, with a focus on employment that fosters independence and integration; and (C) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; (8) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be— (A) used to measure the performance of the local area; and (B) used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area; (9) a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan; (10) a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as the Supplemental Nutrition Assistance Program), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled veterans and homeless veterans), and Native Americans; (11) an identification of the entity responsible for the disbursal of grant funds described in subclause (III) of section 117(d)(4)(B)(i), as determined by the chief elected official or the Governor under such section; (12) a description of the strategies and services that will be used in the local area to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; (13) a description of— (A) how the local area will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the local area to assist and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the local area; (14) a description of— (A) the duties assigned to the veteran employment specialist consistent with the requirements of section 134(f); (B) the manner in which the veteran employment specialist is integrated into the One-Stop Career System described in section 121; (C) the date on which the veteran employment specialist was assigned; and (D) whether the veteran employment specialist has satisfactorily competed such training by the National Veterans' Employment and Training Services Institute; and (15) such other information as the Governor may require. ; (3) in subsection (c)(1), by striking such means and inserting electronic means such ; and (4) in subsection (c)(2), by striking , including representatives of business and representatives of labor organizations, . 108. Establishment of one-stop delivery system Section 121 ( 29 U.S.C. 2841 ) is amended— (1) in subsection (b)— (A) by striking subparagraph (A) of paragraph (1) and inserting the following: (A) Roles and responsibilities of one-stop partners Each entity that carries out a program or activities described in subparagraph (B) shall— (i) provide access through the one-stop delivery system to the program and activities carried out by the entity, including making the work ready services described in section 134(c)(2) that are applicable to the program of the entity available at one-stop centers (in addition to any other appropriate locations); (ii) use a portion of the funds available to the program of the entity to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) enter into a local memorandum of understanding with the local board relating to the operation of the one-stop delivery system that meets the requirements of subsection (c); and (iv) participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the programs carried out by the entity. ; (B) in paragraph (1)(B)— (i) by striking clauses (ii), (v), and (vi); (ii) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; (iii) by redesignating clauses (vii) through (xii) as clauses (iv) through (ix), respectively; (iv) in clause (viii), as so redesignated, by striking and at the end; (v) in clause (ix), as so redesignated, by striking the period and inserting ; and ; and (vi) by adding at the end the following: (x) subject to subparagraph (C), programs authorized under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). ; (C) by inserting after paragraph (1)(B) the following: (C) Determination by the governor Each entity carrying out a program described in subparagraph (B)(x) shall carry out the required partner activities described in subparagraph (A) unless the Governor of the State in which the local area is located provides the Secretary and Secretary of Health and Human Services written notice of a determination by the Governor that such entities shall not carry out such required partner activities. ; and (D) in paragraph (2)— (i) in subparagraph (A)(i), by striking section 134(d)(2) and inserting section 134(c)(2) ; and (ii) in subparagraph (B)— (I) by striking clauses (i), (ii), and (v); (II) in clause (iv), by striking and at the end; (III) by redesignating clauses (iii) and (iv) as clauses (i) and (ii), respectively; and (IV) by adding at the end the following: (iii) employment and training programs administered by the Commissioner of the Social Security Administration; (iv) employment and training programs carried out by the Administrator of the Small Business Administration; (v) employment, training, and literacy services carried out by public libraries; and (vi) other appropriate Federal, State, or local programs, including programs in the private sector. ; (2) in subsection (c)(2), by amending subparagraph (A) to read as follows: (A) provisions describing— (i) the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated through such system; (ii) how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for nontraditional employment; and (iv) the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and ; (3) in subsection (d)— (A) in the heading for paragraph (1), by striking Designation and certification and inserting Local designation and certification ; (B) in paragraph (2)— (i) by striking section 134(c) and inserting subsection (e) ; (ii) by amending subparagraph (A) to read as follows: (A) shall be designated or certified as a one-stop operator through a competitive process; and ; and (iii) in subparagraph (B), by striking clause (ii) and redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and (C) in paragraph (3), by striking vocational and inserting career and technical ; (4) by amending subsection (e) to read as follows: (e) Establishment of one-Stop delivery system (1) In general There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall— (A) provide the work ready services described in section 134(c)(2); (B) provide access to training services as described in section 134(c)(4), including serving as the point of access to career enhancement accounts for training services to participants in accordance with paragraph (4)(F) of such section; (C) provide access to the activities carried out under section 134(d), if any; (D) provide access to programs and activities carried out by one-stop partners that are described in subsection (b) of this section; and (E) provide access to the information described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) ). (2) One-stop delivery At a minimum, the one-stop delivery system— (A) shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than one physical center in each local area of the State; and (B) may also make programs, services, and activities described in paragraph (1) available— (i) through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and (ii) through a network of eligible one-stop partners— (I) in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically- or technologically-linked access point; and (II) that assures individuals that information on the availability of the work ready services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I). (3) Specialized centers The centers and sites described in paragraph (2) may have a specialization in addressing special needs. ; and (5) by adding at the end the following: (g) Certification of one-Stop centers (1) In general (A) In general The State board shall establish objective procedures and criteria for certifying, at least once every 3 years, one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h). (B) Criteria The criteria for certification under this subsection shall include— (i) meeting all of the expected levels of performance for each of the core indicators of performance as outlined in the State plan under section 112; (ii) meeting minimum standards relating to the scope and degree of service integration achieved by the centers involving the programs provided by the one-stop partners; and (iii) meeting minimum standards relating to how the centers ensure that eligible providers meet the employment needs of local employers and participants. (C) Effect of certification One-stop centers certified under this subsection shall be eligible to receive the infrastructure grants authorized under subsection (h). (2) Local boards Consistent with the criteria developed by the State, the local board may develop additional criteria of higher standards to respond to local labor market and demographic conditions and trends. (h) One-Stop infrastructure funding (1) Partner contributions (A) Provision of funds Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B) for a fiscal year shall be provided to the Governor by such programs to carry out this subsection. (B) Determination of governor (i) In general Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers by each partner, the costs of administration for purposes not related to one-stop centers for each partner, and other relevant factors described in paragraph (3). (ii) Special rule In those States where the State constitution places policy-making authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title II of this Act and for postsecondary career education activities authorized under the Carl D. Perkins Career and Technical Education Act, the determination described in clause (i) with respect to such programs shall be made by the Governor with the appropriate entity or official with such independent policy-making authority. (iii) Appeal by one-stop partners The Governor shall establish a procedure for the one-stop partner administering a program described in subsection (b) to appeal a determination regarding the portion of funds to be contributed under this paragraph on the basis that such determination is inconsistent with the criteria described in the State plan or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal. (C) Limitations (i) Provision from administrative funds The funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the limitations with respect to the portion of funds under such programs that may be used for administration. (ii) Federal direct spending programs Programs that are Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c)(8) ) shall not, for purposes of this paragraph, be required to provide an amount in excess of the amount determined to be equivalent to the proportionate use of the one-stop centers by such programs in the State. (2) Allocation by governor From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph (3) for the purposes of assisting in paying the costs of the infrastructure of one-stop centers certified under subsection (g). (3) Allocation formula The State board shall develop a formula to be used by the Governor to allocate the funds described in paragraph (1). The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in the local area that have been certified, the population served by such centers, and the performance of such centers. (4) Costs of infrastructure For purposes of this subsection, the term costs of infrastructure means the nonpersonnel costs that are necessary for the general operation of a one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, and equipment (including assistive technology for individuals with disabilities). (i) Other funds (1) In general In addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), or the noncash resources available under such programs shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved including— (A) infrastructure costs that are in excess of the funds provided under subsection (h); (B) common costs that are in addition to the costs of infrastructure; and (C) the costs of the provision of work ready services applicable to each program. (2) Determination and guidance The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph (1) shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide guidance to facilitate the determination of appropriate allocation of the funds and noncash resources in local areas. . 109. Identification of eligible providers of training services Section 122 ( 29 U.S.C. 2842 ) is amended to read as follows: 122. Identification of eligible providers of training services (a) Eligibility (1) In general The Governor, after consultation with the State board, shall establish criteria and procedures regarding the eligibility of providers of training services described in section 134(c)(4) to receive funds provided under section 133(b) for the provision of such training services. (2) Providers Subject to the provisions of this section, to be eligible to receive the funds provided under section 133(b) for the provision of training services, the provider shall be— (A) a postsecondary educational institution that— (i) is eligible to receive Federal funds under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); and (ii) provides a program that leads to a recognized postsecondary credential; (B) an entity that carries out programs under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ); or (C) another public or private provider of a program of training services. (3) Inclusion in list of eligible providers A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be included on the list of eligible providers of training services described in subsection (d) for so long as the provider remains certified by the Secretary of Labor to carry out the programs described in paragraph (2)(B). (b) Criteria (1) In general The criteria established pursuant to subsection (a) shall take into account— (A) the performance of providers of training services with respect to the performance measures described in section 136 and other matters for which information is required under paragraph (2) and other appropriate measures of performance outcomes for those participants receiving training services under this subtitle; (B) whether the training programs of such providers relate to occupations that are in demand; (C) the need to ensure access to training services throughout the State, including in rural areas; (D) the ability of providers to offer programs that lead to a recognized postsecondary credential; (E) the information such providers are required to report to State agencies with respect to other Federal and State programs (other than the program carried out under this subtitle), including one-stop partner programs; and (F) such other factors as the Governor determines are appropriate. (2) Information The criteria established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State for purposes of carrying out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including— (A) information on recognized postsecondary credentials received by such participants; (B) information on costs of attendance for such participants; (C) information on the program completion rate for such participants; and (D) information on the performance of the provider with respect to the performance measures described in section 136 for such participants. (3) Renewal The criteria established by the Governor shall also provide for a review every 3 years and renewal of eligibility under this section for providers of training services. (4) Local criteria A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required under the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) to provide the services in the local area involved. (5) Limitation In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or eligible student in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (c) Procedures The procedures established under subsection (a) shall— (1) identify— (A) the application process for a provider of training services to become eligible to receive funds under section 133(b) for the provision of training services; and (B) the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria established under this section; and (2) establish a process for a provider of training services to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal. (d) Information To assist participants in choosing providers In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list or lists of providers determined eligible under this section in the State, including information provided under subsection (b)(2) with respect to such providers, is provided to the local boards in the State and is made available to such participants and to members of the public through the one-stop delivery system in the State. (e) Enforcement (1) In general The criteria and procedures established under this section shall provide the following: (A) Intentionally supplying inaccurate information Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services, or individual providing information on behalf of the provider, intentionally supplied inaccurate information under this section, the eligibility of such provider to receive funds under chapter 5 shall be terminated for a period of time that is not less than 2 years. (B) Substantial violations Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services substantially violated any requirement under this title, the eligibility of such provider to receive funds under the program involved shall be terminated for a period of time that is not less than 10 years. (C) Repayment A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 during a period of noncompliance described in such subparagraph. (2) Construction Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties. (f) Agreements with other states States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept career enhancement accounts provided in another State. (g) Recommendations In developing the criteria, procedures, and information required under this section, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State. (h) Opportunity To submit comments During the development of the criteria, procedures, requirements for information, and the list of eligible providers required under this section, the Governor shall provide an opportunity for interested members of the public to submit comments regarding such criteria, procedures, and information. (i) On-the-Job training or customized training exception (1) In general Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (d). (2) Collection and dissemination of information A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services. . 110. General authorization Chapter 5 of subtitle B of title I is amended— (1) by striking the heading for chapter 5 and inserting the following: Employment and training activities ; and (2) in section 131 ( 29 U.S.C. 2861 )— (A) by striking paragraphs (1)(B) and (2)(B) of ; and (B) by striking adults, and dislocated workers, and inserting individuals . 111. State allotments Section 132 ( 29 U.S.C. 2862 ) is amended— (1) by amending subsection (a) to read as follows: (a) In general The Secretary shall— (1) reserve ½ of 1 percent of the total amount appropriated under section 137 for a fiscal year, of which— (A) 50 percent shall be used to provide technical assistance under section 170; and (B) 50 percent shall be used for evaluations under section 172; (2) reserve 1 percent of the total amount appropriated under section 137 for a fiscal year to make grants to, and enter into contracts or cooperative agreements with Indian tribes, tribal organizations, Alaska-Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out employment and training activities; (3) reserve not more than 25 percent of the total amount appropriated under section 137 for a fiscal year to carry out the Jobs Corps program under subtitle C; (4) reserve not more than 3.5 percent of the total amount appropriated under section 137 for a fiscal year to— (A) make grants to State or local boards to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; and (B) provide assistance to Governors of States with an area that has suffered an emergency or a major disaster (as such terms are defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )) to provide disaster relief employment in the area; and (5) from the remaining amount appropriated under section 137 for a fiscal year (after reserving funds under paragraphs (1) through (4)), make allotments in accordance with subsection (b) of this section. ; and (2) by amending subsection (b) to read as follows: (b) Workforce investment fund (1) Reservation for outlying areas (A) In general From the amount made available under subsection (a)(5) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent to provide assistance to the outlying areas. (B) Restriction The Republic of Palau shall cease to be eligible to receive funding under this subparagraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 ( Public Law 99–658 )) after the date of enactment of the SKILLS Act. (2) States (A) In general After determining the amount to be reserved under paragraph (1), the Secretary shall allot the remainder of the amount referred to in subsection (a)(5) for a fiscal year to the States pursuant to subparagraph (B) for employment and training activities and statewide workforce investment activities. (B) Formula Subject to subparagraphs (C) and (D) , of the remainder— (i) 25 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (ii) 25 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States; (iii) 25 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more; and (iv) 25 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States. (C) Minimum and maximum percentages (i) Minimum percentage The Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2014 through 2016, that is less than 100 percent of the allotment percentage of the State for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year. (ii) Maximum percentage Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2014 through 2016, that is more than 130 percent of the allotment percentage of the State for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year. (D) Small state minimum allotment Subject to subparagraph (C) , the Secretary shall ensure that no State shall receive an allotment under this paragraph for a fiscal year that is less than 1/5 of 1 percent of the remainder described in subparagraph (A) for the fiscal year. (E) Definitions For the purpose of the formula specified in this paragraph: (i) Allotment percentage The term allotment percentage — (I) used with respect to fiscal year 2012, means the percentage of the amounts allotted to States under title I of this Act, title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ), the Women in Apprenticeship and Nontraditional Occupations Act ( 29 U.S.C. 2501 et seq. ), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the State involved for fiscal year 2012; and (II) used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allotted to States under this paragraph for the fiscal year that is received under this paragraph by the State involved for the fiscal year. (ii) Disadvantaged youth The term disadvantaged youth means an individual who is not less than age 16 and not more than age 24 who receives an income, or is a member of a family that received a total family income, that in relation to family size, does not exceed the higher of— (I) the poverty line; or (II) 70 percent of the lower living standard income level. (iii) Individual The term individual means an individual who is age 16 or older. . 112. Within State allocations Section 133 is amended— (1) by amending subsection (a) to read as follows: (a) Reservations for Statewide workforce investment activities (1) Statewide employment and training activities The Governor of a State shall reserve up to 15 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out the statewide activities described in section 134(a). (2) Statewide rapid response activities Of the amount reserved under paragraph (1) for a fiscal year, the Governor of the State shall reserve not more than 25 percent for statewide rapid response activities described in section 134(a)(4). (3) Statewide grants for individuals with barriers to employment Of the amount reserved under paragraph (1) for a fiscal year, the Governor of a State shall reserve 15 percent to carry out statewide activities described in section 134(a)(5). (4) State administrative cost limit Not more than 5 percent of the funds reserved under paragraph (1) may be used by the Governor of a State for administrative costs of carrying out the statewide activities described in section 134(a). ; (2) by amending subsection (b) to read as follows: (b) Within state allocation (1) Methods The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas, shall— (A) allocate the funds that are allotted to the State for employment and training activities and not reserved under subsection (a), in accordance with paragraph (2)(A); and (B) award the funds that are reserved by the State under subsection (a)(3) through competitive grants to eligible entities, in accordance with section 134(a)(1)(C). (2) Formula allocations for the workforce investment fund (A) Allocation In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate— (i) 25 percent on the basis described in section 132(b)(2)(B)(i); (ii) 25 percent on the basis described in section 132(b)(2)(B)(ii); (iii) 25 percent on the basis described in section 132(b)(2)(B)(iii); and (iv) 25 percent on the basis described in section 132(b)(2)(B)(iv). (B) Minimum and maximum percentages (i) Minimum percentage The State shall ensure that no local area shall receive an allocation under this paragraph for— (I) each of fiscal years 2014 through 2016, that is less than 100 percent of the allocation percentage of the local area for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allocation percentage of the local area for the preceding fiscal year. (ii) Maximum percentage Subject to clause (i) , the State shall ensure that no local area shall receive an allocation for a fiscal year under this paragraph for— (I) each of fiscal years 2014 through 2016, that is more than 130 percent of the allocation percentage of the local area for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is more than 130 percentage of the allocation percentage of the local area for the preceding fiscal year. (C) Definitions For the purpose of the formula specified in this paragraph, the term allocation percentage — (i) used with respect to fiscal year 2012, means the percentage of the amounts allocated to local areas under title I of this Act, title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ), the Women in Apprenticeship and Nontraditional Occupations Act ( 29 U.S.C. 2501 et seq. ), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the local area involved for fiscal year 2012; and (ii) used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allocated to local areas for the fiscal year under this paragraph that is received under this paragraph by the local area involved for the fiscal year. ; (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general The Governor, may in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation. ; (B) in paragraph (2), by striking paragraph (2)(A) or (3) of subsection (b) for such activities and inserting subsection (b) for such activities ; (C) by amending paragraph (3) to read as follows: (3) Reallocations In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(2) for such activities for such prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(2) for such activities for such prior program year. ; and (D) in paragraph (4), by striking paragraph (2)(A) or (3) of ; and (4) by adding at the end the following new subsection: (d) Local administrative cost limit Of the amounts allocated to a local area under this section for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities in the local area under this chapter. . 113. Use of funds for employment and training activities Section 134 is amended— (1) by amending subsection (a) to read as follows: (a) Statewide Employment and Training Activities (1) In general (A) Distribution of statewide activities Funds reserved by a Governor for a State as described in section 133(a)(1)— (i) shall be used to carry out the statewide employment and training activities described in paragraph (2); and (ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3). (B) Statewide rapid response activities Funds reserved by a Governor for a State as described in section 133(a)(2) shall be used to carry out the statewide rapid response activities described in paragraph (4). (C) Statewide grants for individuals with barriers to employment Funds reserved by a Governor for a State as described in section 133(a)(3) shall be used to carry out the Statewide Grants for Individuals with Barriers to Employment competition described in paragraph (5). (2) Required Statewide employment and training activities A State shall use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities, which shall include— (A) disseminating the State list of eligible providers of training described in section 122(d), information identifying eligible providers of on-the-job training and customized training described in section 122(i), and performance information and program cost information described in section 122(b)(2); (B) supporting the provision of work ready services described in subsection (c)(2) in the one-stop delivery system; (C) implementing strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, recognized postsecondary credentials, and employment experience to succeed in the labor market; (D) conducting evaluations under section 136(e) of activities authorized under this chapter in coordination with evaluations carried out by the Secretary under section 172; (E) providing technical assistance to local areas that fail to meet local performance measures; (F) operating a fiscal and management accountability system under section 136(f); and (G) carrying out monitoring and oversight of activities carried out under this chapter. (3) Allowable statewide employment and training activities A State may use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities which may include— (A) implementing innovative programs and strategies designed to meet the needs of all employers in the State, including small employers, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnerships, career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title; (B) providing incentive grants to local areas for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)), for local coordination of activities carried out under this Act, and for exemplary performance by local areas on the local performance measures; (C) developing strategies for effectively integrating programs and services among one-stop partners; (D) carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; (E) incorporating pay-for-performance contracting strategies as an element in funding activities under this section and providing technical support to local areas and eligible providers in order to carry out such strategy, which may provide assistance with data collection and data entry requirements; (F) carrying out the State option under subsection (f)(8); and (G) carrying out other activities authorized under this section that the State determines to be necessary to assist local areas in carrying out activities described in subsection (c) or (d) through the statewide workforce investment system. (4) Statewide rapid response activities A State shall use funds reserved as described in section 133(a)(2) to carry out statewide rapid response activities, which shall include— (A) provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas; and (B) provision of additional assistance to local areas that experience disasters, mass layoffs or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas. (5) Statewide grants for individuals with barriers to employment (A) In general Of the funds reserved as described in section 133(a)(3), the Governor of a State— (i) may reserve up to 5 percent to provide technical assistance to, and conduct evaluations as described in section 136(e), of the programs and activities carried out under this paragraph; and (ii) using the remainder, shall award grants on a competitive basis to eligible entities described in subparagraph (B) to carry out employment and training programs authorized under this paragraph for individuals with barriers to employment that meet specific performance outcomes and criteria established by the Governor. (B) Eligible entity defined For purposes of this paragraph, the term eligible entity means an entity that— (i) is a— (I) local board or a consortium of local boards; (II) nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities; or (III) consortium of the entities described in subclauses (I) and (II); (ii) has a demonstrated record of placing individuals into unsubsidized employment and serving hard to serve individuals; and (iii) agrees to be reimbursed primarily on the basis of achievement of specified performance outcomes and criteria established by the Governor. (C) Grant period (i) In general A grant under this paragraph shall be awarded for a period of 1 year. (ii) Grant renewal A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph. (D) Eligible Participants To be eligible to participate in activities under this paragraph, an individual shall be a low-income individual age 16 or older or a member of a low-income family. (E) Use of Funds An eligible entity receiving a grant under this paragraph shall use such funds for activities that are designed to assist eligible participants in obtaining employment and acquiring the education and skills necessary to succeed in the labor market. (F) Applications To be eligible to receive a grant under this paragraph, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including— (i) a description of how the strategies and activities will be aligned with the State plan submitted under section 112 and the local plan submitted under section 118 with respect to the areas of the State that will be the focus of grant activities under this paragraph; (ii) a description of the educational and skills training programs and activities the eligible entity will provide to eligible participants under this paragraph; (iii) how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities; (iv) a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve the education and skills training for eligible participants; (v) a description of the populations to be served and the skill needs of those populations, and the manner in which eligible participants will be recruited and selected as participants; (vi) a description of the private, public, local, and State resources that will be leveraged, in addition to the grant funds provided for the programs and activities under this paragraph, and how the entity will ensure the sustainability of such programs and activities after grant funds are no longer available; (vii) a description of the extent of the involvement of employers in such programs and activities; (viii) a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for all individuals specified in section in 136(b)(2); (ix) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures that will be used to ensure fiscal soundness for the programs and activities provided under this paragraph; and (x) any other criteria the Governor may require. ; (2) by amending subsection (b) to read as follows: (b) Local employment and training activities Funds allocated to a local area under section 133(b)— (1) shall be used to carry out employment and training activities described in subsection (c); and (2) may be used to carry out employment and training activities described in subsection (d). ; (3) by striking subsection (c); (4) by redesignating subsections (d) and (e), as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) In general Funds allocated to a local area under section 133(b) shall be used— (A) to establish a one-stop delivery system as described in section 121(e); (B) to provide the work ready services described in paragraph (2) through the one-stop delivery system in accordance with such paragraph; and (C) to provide training services described in paragraph (4) in accordance with such paragraph. ; (B) in paragraph (2)— (i) in the heading, by striking Core services and inserting Work ready services ; (ii) in the matter preceding subparagraph (A)— (I) by striking (1)(A) and inserting (1)(B) ; (II) by striking core services and inserting work ready services ; and (III) by striking who are adults or dislocated workers ; (iii) by redesignating subparagraph (K) as subparagraph (V); (iv) by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively; (v) by inserting after subparagraph (A) the following: (B) assistance in obtaining eligibility determinations under the other one-stop partner programs through activities, where appropriate and consistent with the authorizing statute of the one-stop partner program, such as assisting in the submission of applications, the provision of information on the results of such applications, and the provision of intake services and information; ; (vi) by amending subparagraph (E), as so redesignated, to read as follows: (E) labor exchange services, including— (i) job search and placement assistance, and where appropriate, career counseling; (ii) appropriate recruitment services for employers, including small employers, in the local area, which may include services described in this subsection, including information and referral to specialized business services not traditionally offered through the one-stop delivery system; and (iii) reemployment services provided to unemployment claimants, including claimants identified as in need of such services under the worker profiling system established under section 303(j) of the Social Security Act ( 42 U.S.C. 503(j) ); ; (vii) in subparagraph (F), as so redesignated, by striking employment statistics and inserting workforce and labor market ; (viii) in subparagraph (G), as so redesignated, by striking and eligible providers of youth activities described in section 123, ; (ix) in subparagraph (H), as so redesignated, by inserting under section 136 after local performance measures ; (x) in subparagraph (J), as so redesignated, by inserting and the administration of the work test for the unemployment compensation system after compensation ; (xi) by amending subparagraph (K), as so redesignated, to read as follows: (K) assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act and are available in the local area; ; and (xii) by inserting the following new subparagraphs after subparagraph (K), as so redesignated: (L) the provision of information from official publications of the Internal Revenue Service regarding Federal tax credits available to individuals relating to education, job training and employment; (M) comprehensive and specialized assessments of the skill levels and service needs of workers, which may include— (i) diagnostic testing and use of other assessment tools; and (ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; (N) development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant; (O) group counseling; (P) individual counseling and career planning; (Q) case management; (R) short-term pre-career services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training; (S) internships and work experience; (T) literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if such activities are not available to participants in the local area under programs administered under the Adult Education and Family Literacy Act ( 20 U.S.C. 2901 et seq. ); (U) out-of-area job search assistance and relocation assistance; and ; and (C) by amending paragraph (3) to read as follows: (3) Delivery of services The work ready services described in paragraph (2) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board. ; (D) in paragraph (4)— (i) by amending subparagraph (A) to read as follows: (A) In general Funds described in paragraph (1)(C) shall be used to provide training services to individuals who— (i) after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to— (I) be in need of training services to obtain or retain employment; and (II) have the skills and qualifications to successfully participate in the selected program of training services; (ii) select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the individual receiving such services are willing to commute or relocate; and (iii) who meet the requirements of subparagraph (B). ; and (ii) in subparagraph (B)(i), by striking Except and inserting Notwithstanding section 479B of the Higher Education Act of 1965 ( 20 U.S.C. 1087uu ) and except ; (iii) by amending subparagraph (D) to read as follows: (D) Training services Training services authorized under this paragraph may include— (i) occupational skills training; (ii) on-the-job training; (iii) skill upgrading and retraining; (iv) entrepreneurial training; (v) education activities leading to a regular secondary school diploma or its recognized equivalent in combination with, concurrently or subsequently, occupational skills training; (vi) adult education and literacy activities provided in conjunction with other training authorized under this subparagraph; (vii) workplace training combined with related instruction; (viii) occupational skills training that incorporates English language acquisition; (ix) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; and (x) training programs operated by the private sector. ; (iv) by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and (v) in subparagraph (E) (as so redesignated)— (I) in clause (ii)— (aa) in the matter preceding subclause (I), by striking subsection (c) and inserting section 121 ; (bb) in subclause (I), by striking section 122(e) and inserting section 122(d) and by striking section 122(h) and inserting section 122(i) ; and (cc) in subclause (II), by striking subsections (e) and (h) and inserting subsection (i) ; and (II) by striking clause (iii) and inserting the following: (iii) Career enhancement accounts An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through a career enhancement account. (iv) Coordination Each local board may, through one-stop centers, coordinate career enhancement accounts with other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services. (v) Assistance Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts in obtaining funds (in addition to the funds provided under this section) from other programs and sources that will assist the individual in obtaining training services. ; and (vi) in subparagraph (F) (as so redesignated)— (I) in the subparagraph heading, by striking individual training accounts and inserting career enhancement accounts ; (II) in clause (i) by striking individual training accounts and inserting career enhancement accounts ; (III) in clause (ii)— (aa) by striking an individual training account and inserting a career enhancement account ; (bb) by striking subparagraph (F) and inserting subparagraph (E) ; (cc) in subclause (II), by striking individual training accounts and inserting career enhancement accounts ; (dd) in subclause (II) by striking or after the semicolon; (ee) in subclause (III) by striking the period and inserting ; or ; and (ff) by adding at the end the following: (IV) the local board determines that it would be most appropriate to award a contract to a postsecondary educational institution that has been identified as a priority eligible provider under section 117(d)(5)(B) in order to facilitate the training of multiple individuals in in-demand sectors or occupations, such contract may be used to enable the expansion of programs provided by a priority eligible provider, and such contract does not limit customer choice. ; (IV) in clause (iii), by striking adult or dislocated worker and inserting individual ; and (V) in clause (iv)— (aa) by redesignating subclause (IV) as subclause (V) and inserting after subclause (III) the following: (IV) Individuals with disabilities. ; (6) in subsection (d) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) Discretionary one-stop delivery activities (A) In general Funds allocated to a local area under section 133(b)(2) may be used to provide, through the one-stop delivery system— (i) customized screening and referral of qualified participants in training services to employers; (ii) customized employment-related services to employers on a fee-for-service basis; (iii) customer supports, including transportation and childcare, to navigate among multiple services and activities for special participant populations that face multiple barriers to employment, including individuals with disabilities; (iv) employment and training assistance provided in coordination with child support enforcement activities of the State agency carrying out subtitle D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ); (v) incorporating pay-for-performance contract strategies as an element in funding activities under this section; (vi) activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and (vii) activities to carry out business services and strategies that meet the workforce investment needs of local area employers, as determined by the local board, consistent with the local plan under section 118. . (B) by striking paragraphs (2) and (3); and (C) by adding at the end the following: (2) Incumbent worker training programs (A) In general The local board may use funds allocated to a local area under section 133(b)(2) to carry out incumbent worker training programs in accordance with this paragraph. (B) Training activities The training programs for incumbent workers under this paragraph shall be carried out by the local area in conjunction with the employers of such workers for the purpose of assisting such workers in obtaining the skills necessary to retain employment and avert layoffs. (C) Employer match required (i) In general Employers participating in programs under this paragraph shall be required to pay a proportion of the costs of providing the training to the incumbent workers of the employers. The local board shall establish the required portion of such costs, which may include in-kind contributions. (ii) Calculation of match The wages paid by an employer to a worker while they are attending training may be included as part of the required payment of the employer. ; and (7) by adding at the end the following: (e) Priority for Placement in Private Sector Jobs In providing employment and training activities authorized under this section, the State and local board shall give priority to placing participants in jobs in the private sector. (f) Veteran employment specialist (1) In general Subject to paragraph (8), a local board shall hire and employ one or more veteran employment specialist to carry out employment, training, and placement services under this subsection in the local area served by the local board. (2) Principal duties A veteran employment specialist in a local area shall— (A) conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including— (i) conducting seminars for employers; and (ii) in conjunction with employers, conducting job search workshops, and establishing job search groups; and (B) facilitate employment, training, supportive, and placement services furnished to veterans, including disabled and homeless veterans, in the local area. (3) Hiring preference for veterans and individuals with expertise in serving veterans Subject to paragraph (8), a local board shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to carry out the services described in paragraph (2) in the local area served by the local board. In hiring an individual to serve as a veteran employment specialist, a local board shall give preference to veterans and other individuals in the following order: (A) To service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to veterans. (C) If no veteran described in subparagraph (A) or (B) is available, to any member of the Armed Forces transitioning out of military service. (D) If no veteran described in subparagraph (A), (B), or (C) is available, to any spouse of a veteran or a spouse of a member of the Armed Forces transitioning out of military service. (E) If no veteran described in subparagraph (A), (B), or (C) is available and no spouse described in paragraph (D) is available, to any other individuals with expertise in serving veterans. (4) Administration and reporting (A) In general Each veteran employment specialist shall be administratively responsible to the manager of the one-stop delivery center in the local area and shall provide, at a minimum, quarterly reports to the manager of such center and to the Director for Veterans’ Employment and Training for the State on the performance and compliance by the specialist with Federal law and regulations with respect to the— (i) principal duties and special services for veterans described in paragraph (2); and (ii) hiring preferences described in paragraph (3) for veterans and individuals with expertise in serving veterans. (B) Report to Secretary Each State shall submit to the Secretary an annual report on the qualifications used by the local board in making hiring determinations for a veteran employment specialist and the salary structure under which such specialist is compensated. (C) Report to Congress The Secretary shall submit to the Committee on Education and the Workforce and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the Senate an annual report summarizing the reports submitted under subparagraph (B), including summaries of outcomes achieved by participating veterans disaggregated by local areas. (5) Part-time employees A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this subsection on a halftime basis. (6) Training requirements Each veteran employment specialist described in paragraph (2) shall satisfactorily complete training provided by the National Veterans' Employment and Training Institute during the three-year period that begins on the date on which the employee is so assigned. (7) Specialist’s duties A full-time veteran employment specialist shall perform only duties related to the employment, training, supportive, and placement services under this subsection, and shall not perform other non-veteran-related duties if such duties detract from the specialist’s ability to perform the specialist's duties related to employment, training, and placement services under this subsection. (8) State option At the request of a local board, a State may assume the duties assigned to the local board under paragraphs (1) and (3), including the hiring and employment of one or more veteran employment specialist for placement in the local area served by the local board. . 114. Performance accountability system Section 136 ( 29 U.S.C. 2871 ) is amended— (1) in subsection (b)— (A) by amending paragraphs (1) and (2) to read as follows: (1) In general For each State, the State performance measures shall consist of— (A) (i) the core indicators of performance described in paragraph (2)(A); and (ii) additional indicators of performance (if any) identified by the State under paragraph (2)(B); and (B) a State adjusted level of performance for each indicator described in subparagraph (A). (2) Indicators of performance (A) Core indicators of performance (i) In general The core indicators of performance for the program of employment and training activities authorized under sections 132(a)(2) and 134, the program of adult education and literacy activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741), shall consist of the following indicators of performance, each disaggregated by the populations identified in the State and local plans: (I) The percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program. (II) The percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program. (III) The median earnings of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program compared to the median earnings of such participants prior to the training received under such program. (IV) The percentage and number of program participants who obtain a recognized postsecondary credential, a registered apprenticeship, an industry-recognized credential, or a regular secondary school diploma or its recognized equivalent (subject to clause (ii)), during participation in or within 1 year after exit from program. (V) The percentage and number of program participants who, during a program year— (aa) are in an education or training program that leads to a recognized postsecondary credential, a registered apprenticeship or on-the-job training program, an industry-recognized credential, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; and (bb) are achieving measurable basic skill gains toward such a credential or employment. (VI) The percentage and number of program participants who obtain unsubsidized employment in the field relating to the training services described in section 134(c)(4) that such participants received. (ii) Indicator relating to credential For purposes of clause (i)(IV), program participants who obtain a regular secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have, within 1 year after exit from the program, obtained or retained employment, have been removed from public assistance, or are in an education or training program leading to a recognized postsecondary credential. (B) Additional indicators A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle. ; and (B) in paragraph (3)— (i) in subparagraph (A)— (I) in the heading, by striking and customer satisfaction indicator ; (II) in clause (i), by striking and the customer satisfaction indicator described in paragraph (2)(B) ; (III) in clause (ii), by striking and the customer satisfaction indicator of performance, for the first 3 and inserting , for all 3 ; (IV) in clause (iii)— (aa) in the heading, by striking for first 3 years ; and (bb) by striking and the customer satisfaction indicator of performance, for the first 3 program years and inserting for all 3 program years ; (V) in clause (iv)— (aa) by striking or (v) ; (bb) by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and (cc) in subclause (I) (as so redesignated)— (AA) by striking taking into account and inserting which shall be adjusted based on ; (BB) by inserting , such as unemployment rates and job losses or gains in particular industries after economic conditions ; and (CC) by inserting , such as indicators of poor work experience, dislocation from high-wage employment, low levels of literacy or English proficiency, disability status, including the number of veterans with disabilities, and welfare dependency after program ; (VI) by striking clause (v) and redesignating clause (vi) as clause (v); and (VII) in clause (v) (as so redesignated), (aa) by striking described in clause (iv)(II) and inserting described in clause (iv)(I) ; and (bb) by striking or (v) ; and (ii) in subparagraph (B), by striking paragraph (2)(C) and inserting paragraph (2)(B) ; (2) in subsection (c)— (A) by amending clause (i) of paragraph (1)(A) to read as follows: (i) the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsections, other than statewide workforce investment activities; and ; (B) in clause (ii) of paragraph (1)(A), by striking (b)(2)(C) and inserting (b)(2)(B) ; and (C) by amending paragraph (3) to read as follows: (3) Determinations In determining such local levels of performance, the local board, the chief elected official, and the Governor shall ensure such levels are adjusted based on the specific economic characteristics (such as unemployment rates and job losses or gains in particular industries), demographic characteristics, or other characteristics of the population to be served in the local area. ; (3) in subsection (d)— (A) in paragraph (1)— (i) by striking 127 or ; (ii) by striking and the customer satisfaction indicator each place it appears; and (iii) in the last sentence, by inserting before the period the following: , and on the amount and percentage of the State’s annual allotment under section 132 the State spends on administrative costs and on the amount and percentage of its annual allocation under section 133 each local area in the State spends on administrative costs ; (B) in paragraph (2)— (i) by striking subparagraphs (A), (B), and (D); (ii) by redesignating subparagraph (C) as subparagraph (A); (iii) by redesignating subparagraph (E) as subparagraph (B); (iv) in subparagraph (B), as so redesignated— (I) by striking (excluding participants who received only self-service and informational activities) ; and (II) by striking and at the end; (v) by striking subparagraph (F); (vi) by adding at the end the following: (C) with respect to each local area in the State— (i) the number of individuals who received work ready services described under section 134(c)(2) and the number of individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, where the individuals received the training, disaggregated by the type of entity that provided the training, and the amount of funds spent on each type of service; (ii) the number of individuals who successfully exited out of work ready services described under section 134(c)(2) and the number of individuals who exited out of training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and (iii) the average cost per participant of those individuals who received work ready services described under section 134(c)(2) and the average cost per participant of those individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and (D) the amount of funds spent on training services and discretionary one-stop delivery activities, disaggregated by the populations identified in the State and local plans. ; (C) in paragraph (3)(A), by striking through publication and inserting through electronic means ; and (D) by adding at the end the following: (4) Data validation In preparing the reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, to ensure the information contained in the report is valid and reliable. (5) State and local policies (A) State policies Each State that receives an allotment under section 132 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the State board and make such repository available to the public, including by electronic means. (B) Local policies Each local area that receives an allotment under section 133 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the local board and make such repository available to the public, including by electronic means. ; (4) in subsection (g)— (A) in paragraph (1)(A), by striking or (B) ; (B) in paragraph (1)(B), by striking may reduce by not more than 5 percent, and inserting shall reduce ; and (C) by striking paragraph (2) and inserting the following: (2) Funds resulting from reduced allotments The Secretary shall return to the Treasury the amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B). ; (5) in subsection (h)(1), by striking or (B) ; (6) in subsection (h)(2)— (A) in subparagraph (A), by amending the matter preceding clause (i) to read as follows: (A) In general If such failure continues for a second consecutive year, the Governor shall take corrective actions, including the development of a reorganization plan. Such plan shall— ; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (C) by inserting after subparagraph (A), the following: (B) Reduction in the amount of grant If such failure continues for a third consecutive year, the Governor of a State shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance. ; (D) in subparagraph (C)(i) (as so redesignated), by striking a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan and inserting corrective actions under subparagraphs (A) and (B) may, not later than 30 days after receiving notice of the actions, appeal to the Governor to rescind or revise such actions ; and (E) in subparagraph (D) (as so redesignated), by striking subparagraph (B) each place it appears and inserting subparagraph (C) ; (7) in subsection (i)(1)(B), by striking subsection (b)(2)(C) and inserting subsection (b)(2)(B) ; (8) in subsection (i)(1)(C), by striking (b)(3)(A)(vi) and inserting (b)(3)(A)(v) ; (9) in subsection (i)(2), by striking the activities described in section 502 concerning ; (10) in subsection (i)(3), by striking described in paragraph (1) and in the activities described in section 502 and inserting and activities described in this subsection ; and (11) by adding at the end the following new subsections: (j) Use of core indicators for other programs In addition to the programs carried out under chapter 5, and consistent with the requirements of the applicable authorizing laws, the Secretary shall use the core indicators of performance described in subsection (b)(2)(A) to assess the effectiveness of the programs described under section 121(b)(1)(B) that are carried out by the Secretary. (k) Establishing pay-for-Performance incentives (1) In general At the discretion of the Governor of a State, a State may establish an incentive system for local boards to implement pay-for-performance contract strategies for the delivery of employment and training services in the local areas served by the local boards. (2) Implementation A State that establishes a pay-for-performance incentive system shall reserve not more than 10 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to provide funds to local areas in the State whose local boards have implemented a pay-for-performance contract strategy. (3) Evaluations A State described in paragraph (2) shall use funds reserved by the State under section 133(a)(1) to evaluate the return on investment of pay-for-performance contract strategies implemented by local boards in the State. . 115. Authorization of appropriations Section 137 ( 29 U.S.C. 2872 ) is amended to read as follows: 137. Authorization of appropriations There are authorized to be appropriated to carry out the activities described in section 132, $6,245,318,000 for fiscal year 2014 and each of the 6 succeeding fiscal years. . C Job Corps 116. Job Corps purposes Paragraph (1) of section 141 ( 29 U.S.C. 2881(1) ) is amended to read as follows: (1) to maintain a national Job Corps program for at-risk youth, carried out in partnership with States and communities, to assist eligible youth to connect to the workforce by providing them with intensive academic, career and technical education, and service-learning opportunities, in residential and nonresidential centers, in order for such youth to obtain regular secondary school diplomas and recognized postsecondary credentials leading to successful careers in in-demand industries that will result in opportunities for advancement; . 117. Job Corps definitions Section 142 ( 29 U.S.C. 2882 ) is amended— (1) in paragraph (2)— (A) in the paragraph heading, by striking Applicable one-stop and inserting One-stop ; (B) by striking applicable ; (C) by striking customer service ; and (D) by striking intake and inserting assessment ; (2) in paragraph (4), by striking before completing the requirements and all that follows and inserting prior to becoming a graduate. ; and (3) in paragraph (5), by striking has completed the requirements and all that follows and inserting the following: who, as a result of participation in the Job Corps program, has received a regular secondary school diploma, completed the requirements of a career and technical education and training program, or received, or is making satisfactory progress (as defined under section 484(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(c) )) toward receiving, a recognized postsecondary credential, including an industry-recognized credential that prepares individuals for employment leading to economic self-sufficiency. . 118. Individuals eligible for the Job Corps Section 144 ( 29 U.S.C. 2884 ) is amended— (1) by amending paragraph (1) to read as follows: (1) not less than age 16 and not more than age 24 on the date of enrollment; ; (2) in paragraph (3)(B), by inserting secondary before school ; and (3) in paragraph (3)(E), by striking vocational and inserting career and technical education and . 119. Recruitment, screening, selection, and assignment of enrollees Section 145 ( 29 U.S.C. 2885 ) is amended— (1) in subsection (a)— (A) in paragraph (2)(C)(i) by striking vocational and inserting career and technical education and training ; and (B) in paragraph (3)— (i) by striking To the extent practicable, the and inserting The ; (ii) in subparagraph (A)— (I) by striking applicable ; and (II) by inserting and after the semicolon; (iii) by striking subparagraphs (B) and (C); and (iv) by adding at the end the following: (B) organizations that have a demonstrated record of effectiveness in placing at-risk youth into employment. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting and agrees to such rules after failure to observe the rules ; and (ii) by amending subparagraph (C) to read as follows: (C) the individual has passed a background check conducted in accordance with procedures established by the Secretary, which shall include— (i) a search of the State criminal registry or repository in the State where the individual resides and each State where the individual previously resided; (ii) a search of State-based child abuse and neglect registries and databases in the State where the individual resides and each State where the individual previously resided; (iii) a search of the National Crime Information Center; (iv) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (v) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq. ). ; and (B) by adding at the end the following new paragraph: (3) Individuals convicted of a crime An individual shall be ineligible for enrollment if the individual— (A) makes a false statement in connection with the criminal background check described in paragraph (1)(C); (B) is registered or is required to be registered on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq. ); or (C) has been convicted of a felony consisting of— (i) homicide; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) a crime involving rape or sexual assault; or (v) physical assault, battery, or a drug-related offense, committed within the past 5 years. ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking 2 years and inserting year ; and (ii) by striking an assignment and inserting a ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking , every 2 years, ; (ii) in subparagraph (B), by striking and at the end; and (iii) in subparagraph (C)— (I) by inserting the education and training after including ; and (II) by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (D) the performance of the Job Corps center relating to the indicators described in paragraphs (1) and (2) in section 159(c), and whether any actions have been taken with respect to such center pursuant to section 159(f). ; and (4) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking is closest to the home of the enrollee, except that the and inserting offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The ; (ii) by striking subparagraph (A); and (iii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in paragraph (2), by inserting that offers the career and technical education and training desired by after home of the enrollee . 120. Job Corps centers Section 147 ( 29 U.S.C. 2887 ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by striking vocational both places it appears and inserting career and technical ; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253 ) and inserting subsections (a) and (b) of section 3304 of title 41, United States Code ; and (II) by striking industry council and inserting workforce council ; (ii) in subparagraph (B)(i)— (I) by amending subclause (II) to read as follows: (II) the ability of the entity to offer career and technical education and training that the workforce council proposes under section 154(c); ; (II) in subclause (III), by striking is familiar with the surrounding communities, applicable and inserting demonstrates relationships with the surrounding communities, employers, workforce boards, and by striking and at the end; (III) by amending subclause (IV) to read as follows: (IV) the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity’s demonstrated effectiveness in assisting individuals in achieving the primary and secondary indicators of performance described in paragraphs (1) and (2) of section 159(c); and ; and (IV) by adding at the end the following new subclause: (V) the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including by providing them with intensive academic, and career and technical education and training. ; and (iii) in subparagraph (B)(ii), by striking , as appropriate ; (2) in subsection (b), by striking In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps. ; (3) by amending subsection (c) to read as follows: (c) Civilian conservation centers (1) In general The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall adhere to all the provisions of this subtitle, and shall provide, in addition to education, career and technical education and training, and workforce preparation skills training described in section 148, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest. (2) Selection process The Secretary shall select an entity that submits an application under subsection (d) to operate a Civilian Conservation Center on a competitive basis, as provided in subsection (a). ; and (4) by striking subsection (d) and inserting the following: (d) Application To be eligible to operate a Job Corps center under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of the program activities that will be offered at the center, including how the career and technical education and training reflect State and local employment opportunities, including in in-demand industries; (2) a description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment upon completion of the program; (3) a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment, including past performance of operating a Job Corps center under this subtitle; (4) a description of the relationships that the entity has developed with State and local workforce boards, employers, State and local educational agencies, and the surrounding communities in an effort to promote a comprehensive statewide workforce investment system; (5) a description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a); (6) a description of the strategies and policies the entity will utilize to reduce participant costs; (7) a description of the steps taken to control costs in accordance with section 159(a)(3); (8) a detailed budget of the activities that will be supported using funds under this subtitle; (9) a detailed budget of the activities that will be supported using funds from non-Federal resources; (10) an assurance the entity will comply with the administrative cost limitation included in section 151(c); (11) an assurance the entity is licensed to operate in the State in which the center is located; and (12) an assurance the entity will comply with and meet basic health and safety codes, including those measures described in section 152(b). (e) Length of agreement The agreement described in subsection (a)(1)(A) shall be for not longer than a 2-year period. The Secretary may renew the agreement for 3 one-year periods if the entity meets the requirements of subsection (f). (f) Renewal (1) In general Subject to paragraph (2), the Secretary may renew the terms of an agreement described in subsection (a)(1)(A) for an entity to operate a Job Corps center if the center meets or exceeds each of the indicators of performance described in section 159(c)(1). (2) Recompetition (A) In general Notwithstanding paragraph (1), the Secretary shall not renew the terms of the agreement for an entity to operate a Job Corps center if such center is ranked in the bottom quintile of centers described in section 159(f)(2) for any program year. Such entity may submit a new application under subsection (d) only if such center has shown significant improvement on the indicators of performance described in section 159(c)(1) over the last program year. (B) Violations The Secretary shall not select an entity to operate a Job Corps center if such entity or such center has been found to have a systemic or substantial material failure that involves— (i) a threat to the health, safety, or civil rights of program participants or staff; (ii) the misuse of funds received under this subtitle; (iii) loss of legal status or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds; (iv) failure to meet any other Federal or State requirement that the entity has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified; or (v) an unresolved area of noncompliance. (g) Current grantees Not later than 60 days after the date of enactment of the SKILLS Act and notwithstanding any previous grant award or renewals of such award under this subtitle, the Secretary shall require all entities operating a Job Corps center under this subtitle to submit an application under subsection (d) to carry out the requirements of this section. . 121. Program activities Section 148 ( 29 U.S.C. 2888 ) is amended— (1) by amending subsection (a) to read as follows: (a) Activities provided through job corps centers (1) In General Each Job Corps center shall provide enrollees with an intensive, well-organized, and supervised program of education, career, and technical education and training, work experience, recreational activities, physical rehabilitation and development, and counseling. Each Job Corps center shall provide enrollees assigned to the center with access to work-ready services described in section 134(c)(2). (2) Relationship to opportunities (A) In general The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment— (i) secure and maintain meaningful unsubsidized employment; (ii) complete secondary education and obtain a regular secondary school diploma; (iii) enroll in and complete postsecondary education or training programs, including obtaining recognized postsecondary credentials, industry-recognized credentials, and registered apprenticeships; or (iv) satisfy Armed Forces requirements. (B) Link to employment opportunities The career and technical education and training provided shall be linked to the employment opportunities in in-demand industries in the State in which the Job Corps center is located. ; and (2) in subsection (b)— (A) in the subsection heading, by striking Education and Vocational and inserting Academic and Career and Technical Education and ; (B) by striking may after The Secretary and inserting shall ; and (C) by striking vocational each place it appears and inserting career and technical ; and (3) by amending paragraph (3) of subsection (c) to read as follows: (3) Demonstration Each year, any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that— (A) participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and (B) such operator has met or exceeded the indicators of performance described in paragraphs (1) and (2) of section 159(c) for the previous year. . 122. Counseling and job placement Section 149 ( 29 U.S.C. 2889 ) is amended— (1) in subsection (a), by striking vocational and inserting career and technical education and ; (2) in subsection (b), by striking make every effort to arrange to ; and (3) by striking subsection (d). 123. Support Subsection (b) of section 150 ( 29 U.S.C. 2890 ) is amended to read as follows: (b) Transition allowances and support for graduates The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of a recognized postsecondary credential, including an industry-recognized credential. . 124. Operations Section 151 ( 29 U.S.C. 2891 ) is amended— (1) in the header, by striking Operating plan . and inserting Operations . ; (2) in subsection (a), by striking In General. — and inserting Operating Plan. — ; (3) by striking subsection (b) and redesignating subsection (c) as subsection (b); (4) by amending subsection (b) (as so redesignated)— (A) in the heading by inserting of Operating Plan after Availability ; and (B) by striking subsections (a) and (b) and inserting subsection (a) ; and (5) by adding at the end the following new subsection: (c) Administrative costs Not more than 10 percent of the funds allotted under section 147 to an entity selected to operate a Job Corps center may be used by the entity for administrative costs under this subtitle. . 125. Community participation Section 153 ( 29 U.S.C. 2893 ) is amended to read as follows: 153. Community participation The director of each Job Corps center shall encourage and cooperate in activities to establish a mutually beneficial relationship between Job Corps centers in the State and nearby communities. Such activities may include the use of any local workforce development boards established under section 117 to provide a mechanism for joint discussion of common problems and for planning programs of mutual interest. . 126. Workforce councils Section 154 ( 29 U.S.C. 2894 ) is amended to read as follows: 154. Workforce councils (a) In general Each Job Corps center shall have a workforce council appointed by the Governor of the State in which the Job Corps center is located. (b) Workforce council composition (1) In General A workforce council shall be comprised of— (A) business members of the State board described in section 111(b)(1)(B)(i); (B) business members of the local boards described in section 117(b)(2)(A) located in the State; (C) a representative of the State board described in section 111(f); and (D) such other representatives and State agency officials as the Governor may designate. (2) Majority A 2/3 majority of the members of the workforce council shall be representatives described in paragraph (1)(A). (c) Responsibilities The responsibilities of the workforce council shall be— (1) to review all the relevant labor market information, including related information in the State plan described in section 112, to— (A) determine the in-demand industries in the State in which enrollees intend to seek employment after graduation; (B) determine the skills and education that are necessary to obtain the employment opportunities described in subparagraph (A); and (C) determine the type or types of career and technical education and training that will be implemented at the center to enable the enrollees to obtain the employment opportunities; and (2) to meet at least once a year to reevaluate the labor market information, and other relevant information, to determine any necessary changes in the career and technical education and training provided at the center. . 127. Technical assistance Section 156 ( 29 U.S.C. 2896 ) is amended to read as follows: 156. Technical assistance to centers (a) In general From the funds reserved under section 132(a)(3), the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for the Job Corps program for the purposes of improving program quality. (b) Activities In providing training and technical assistance and for allocating resources for such assistance, the Secretary shall— (1) assist entities, including those entities not currently operating a Job Corps center, in developing the application described in section 147(d); (2) assist Job Corps centers and programs in correcting deficiencies and violations under this subtitle; (3) assist Job Corps centers and programs in meeting or exceeding the indicators of performance described in paragraph (1) and (2) of section 159(c); and (4) assist Job Corps centers and programs in the development of sound management practices, including financial management procedures. . 128. Special provisions Section 158(c)(1) ( 29 U.S.C. 2989(c)(1) ) is amended by striking title II of the Federal Property and Administrative Services Act of 1949 ( 40 U.S.C. 481 et seq. ) and inserting chapter of 5 title 40, United States Code, . 129. Performance accountability management Section 159 ( 29 U.S.C. 2899 ) is amended— (1) in the section heading, by striking Management Information and inserting Performance Accountability and Management ; (2) in subsection (a)(3), by inserting before the period at the end the following: , or operating costs for such centers result in a budgetary shortfall ; (3) by striking subsections (c) through (g); and (4) by inserting after subsection (b) the following: (c) Indicators of Performance (1) Primary indicators The annual primary indicators of performance for Job Corps centers shall include— (A) the percentage and number of enrollees who graduate from the Job Corps center; (B) the percentage and number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps center, except that such calculation shall not include enrollment in education, the military or volunteer service; (C) the percentage and number of graduates who obtained a recognized postsecondary credential, including an industry-recognized credential or a registered apprenticeship; and (D) the cost per successful performance outcome, which is calculated by comparing the number of graduates who were placed in unsubsidized employment or obtained a recognized credential, including an industry-recognized credential, to total program costs, including all operations, construction, and administration costs at each Job Corp center. (2) Secondary indicators The annual secondary indicators of performance for Job Corps centers shall include— (A) the percentage and number of graduates who entered unsubsidized employment not related to the career and technical education and training received through the Job Corps center; (B) the percentage and number of graduates who entered into postsecondary education; (C) the percentage and number of graduates who entered into the military; (D) the average wage of graduates who are in unsubsidized employment— (i) on the first day of employment; and (ii) 6 months after the first day; (E) the number and percentage of graduates who entered unsubsidized employment and were retained in the unsubsidized employment— (i) 6 months after the first day of employment; and (ii) 12 months after the first day of employment; (F) the percentage and number of enrollees compared to the percentage and number of enrollees the Secretary has established targets in section 145(c)(1); (G) the cost per training slot, which is calculated by comparing the program’s maximum number of students that can be enrolled in a Job Corps center at any given time during the program year to the number of enrollees in the same program year; and (H) the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b). (3) Indicators of performance for recruiters The annual indicators of performance for recruiters shall include the measurements described in subparagraph (A) of paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2). (4) Indicators of performance of career transition service providers The annual indicators of performance of career transition service providers shall include the measurements described in subparagraphs (B) and (C) of paragraph (1) and subparagraphs, (B), (C), (D), and (E) of paragraph (2). (d) Additional information The Secretary shall collect, and submit in the report described in subsection (f), information on the performance of each Job Corps center, and the Job Corps program, regarding— (1) the number and percentage of former enrollees who obtained a regular secondary school diploma; (2) the number and percentage of former enrollees who entered unsubsidized employment; (3) the number and percentage of former enrollees who obtained a recognized postsecondary credential, including an industry-recognized credential; (4) the number and percentage of former enrollees who entered into military service; and (5) any additional information required by the Secretary. (e) Methods The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(i)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates. (f) Transparency and accountability (1) Report The Secretary shall collect and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, and make available to the public by electronic means, a report containing— (A) information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (B) a comparison of each Job Corps center, by rank, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (C) a comparison of each Job Corps center, by rank, on the average performance of all primary indicators described in paragraph (1) of subsection (c); (D) information on the performance of the service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs; and (E) a comparison of each service provider, by rank, on the performance of all service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs. (2) Assessment The Secretary shall conduct an annual assessment of the performance of each Job Corps center which shall include information on the Job Corps centers that— (A) are ranked in the bottom 10 percent on the performance indicator described in paragraph (1)(C); or (B) have failed a safety and health code review described in subsection (g). (3) Performance improvement With respect to a Job Corps center that is identified under paragraph (2) or reports less than 50 percent on the performance indicators described in subparagraph (A), (B), or (C) of subsection (c)(1), the Secretary shall develop and implement a 1 year performance improvement plan. Such a plan shall require action including— (A) providing technical assistance to the center; (B) changing the management staff of the center; (C) replacing the operator of the center; (D) reducing the capacity of the center; or (E) closing the center. (4) Closure of job corps centers Job Corps centers that have been identified under paragraph (2) for more than 4 consecutive years shall be closed. The Secretary shall ensure— (A) that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register and other appropriate means; and (B) the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary. (g) Participant health and safety The Secretary shall enter into an agreement with the General Services Administration or the appropriate State agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, to conduct an in-person review of the physical condition and health-related activities of each Job Corps center annually. Such review shall include a passing rate of occupancy under Federal and State ordinances. . D National Programs 130. Technical assistance Section 170 ( 29 U.S.C. 2915 ) is amended— (1) by striking subsection (b); (2) by striking: (a) General technical assistance ; (3) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c) respectively, and moving such subsections 2 ems to the left, and conforming the casing style of the headings of such subsections to the casing style of the heading of subsection (d), as added by paragraph (7) of this section; (4) in subsection (a) (as so redesignated)— (A) by inserting the training of staff providing rapid response services, the training of other staff of recipients of funds under this title, assistance regarding accounting and program operation practices (when such assistance would not be duplicative to assistance provided by the State), technical assistance to States that do not meet State performance measures described in section 136, after localities, ; and (B) by striking from carrying out activities and all that follows up to the period and inserting to implement the amendments made by the SKILLS Act ; (5) in subsection (b) (as so redesignated)— (A) by striking paragraph (1) and inserting subsection (a) ; (B) by striking , or recipient of financial assistance under any of sections 166 through 169, ; and (C) by striking or grant recipient ; (6) in subsection (c) (as so redesignated), by striking paragraph (1) and inserting subsection (a) ; and (7) by inserting, after subsection (c) (as so redesignated), the following: (d) Best practices coordination The Secretary shall— (1) establish a system through which States may share information regarding best practices with regard to the operation of workforce investment activities under this Act; and (2) evaluate and disseminate information regarding best practices and identify knowledge gaps. . 131. Evaluations Section 172 ( 29 U.S.C. 2917 ) is amended— (1) in subsection (a), by striking the Secretary shall provide for the continuing evaluation of the programs and activities, including those programs and activities carried out under section 171 and inserting the Secretary, through grants, contracts, or cooperative agreements, shall conduct, at least once every 5 years, an independent evaluation of the programs and activities funded under this Act ; (2) in subsection (a)(4) is amended to read as follows: (4) the impact of receiving services and not receiving services under such programs and activities on the community, businesses, and individuals; ; (3) in subsection (c) is amended to read as follows: (c) Techniques Evaluations conducted under this section shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies, quasi-experimental methods, impact analysis and the use of administrative data. The Secretary shall conduct an impact analysis, as described in subsection (a)(4), of the formula grant program under subtitle B not later than 2015, and thereafter shall conduct such an analysis not less than once every four years. ; (4) in subsection (e) is amended by striking the Committee on Labor and Human Resources of the Senate and inserting the Committee on Health, Education, Labor, and Pensions of the Senate ; (5) by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following: (f) Reduction of amounts authorized to be appropriated for late reporting If a report required to be transmitted to Congress under this section is not transmitted on or before the time period specified for that report, amounts authorized to be appropriated under this title shall be reduced by 10 percent for the fiscal year that begins after the date on which the final report required under this section is required to be transmitted and reduced by an additional 10 percent each subsequent fiscal year until each such report is transmitted to Congress. . (6) by adding at the end, the following: (h) Public availability The results of the evaluations conducted under this section shall be made publicly available, including by posting such results on the Department’s website. . E Administration 132. Requirements and restrictions Section 181 ( 29 U.S.C. 2931 ) is amended— (1) in subsection (b)(6), by striking , including representatives of businesses and of labor organizations ; (2) in subsection (c)(2)(A), in the matter preceding clause (i), by striking shall and inserting may ; (3) in subsection (e)— (A) by striking training for and inserting the entry into employment, retention in employment, or increases in earnings of ; and (B) by striking subtitle B and inserting this Act ; (4) in subsection (f)(4), by striking 134(a)(3)(B) and inserting 134(a)(6) ; and (5) by adding at the end the following: (g) Salary and bonus limitation No funds provided under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Level II of the Federal Executive Pay Schedule ( 5 U.S.C. 5313 ). This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the programs. (h) General authority (1) In general The Employment and Training Administration of the U.S. Department of Labor (hereinafter in this Act referred to as the Administration ) shall administer all programs authorized under title I and III of this Act. The Administration shall be headed by an Assistant Secretary appointed by the President by and with the advice and consent of the Senate. Except for titles II and IV, the Administration shall be the principal agency, and the Assistant Secretary shall be the principal officer, of such Department for carrying out this Act. (2) Qualifications The Assistant Secretary shall be an individual with substantial experience in workforce development and in workforce development management. The Assistant Secretary shall also, to the maximum extent possible, possess knowledge and have worked in or with the State or local workforce investment system or have been a member of the business community. In the performance of the functions of the office, the Assistant Secretary shall be directly responsible to the Secretary or the Under Secretary as designed by the Secretary. The functions of the Assistant Secretary shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Assistant Secretary. Any reference in this Act to duties to be carried out by the Assistant Secretary shall be considered to be a reference to duties to be carried out by the Secretary acting through the Assistant Secretary. . 133. Prompt allocation of funds Section 182 ( 29 U.S.C. 2932 ) is amended— (1) in subsection (c), by striking 127 or ; and (2) in subsection (e)— (A) by striking sections 128 and 133 and inserting section 133 ; and (B) by striking 127 or . 134. Fiscal controls; sanctions Section 184(a)(2) ( 29 U.S.C. 2934(a)(2) ) is amended— (1) by striking (A) and all that follows through Each and inserting Each ; and (2) by striking subparagraph (B). 135. Reports to Congress Section 185 ( 29 U.S.C. 2935 ) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and after the semicolon; (B) in paragraph (3), by striking the period and inserting ; and ; and (C) by adding at the end the following: (4) shall have the option to submit or disseminate electronically any reports, records, plans, or any other data that are required to be collected or disseminated under this title. ; and (2) in subsection (e)(2), by inserting and the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, after Secretary, . 136. Administrative provisions Section 189 ( 29 U.S.C. 2939 ) is amended— (1) in subsection (g)— (A) by amending paragraph (1) to read as follows: (1) In general Appropriations for any fiscal year for programs and activities carried out under this title shall be available for obligation only on the basis of a program year. The program year shall begin on October 1 in the fiscal year for which the appropriation is made. ; and (B) in paragraph (2)— (i) by striking each State and inserting each recipient ; and (ii) by striking 171 or ; (2) in subsection (i)— (A) by striking paragraphs (2) and (3); (B) by redesignating paragraph (4) as paragraph (2); (C) by amending paragraph (2)(A), as so redesignated— (i) by striking requirements of subparagraph (B) and all that follows through any of the statutory or regulatory requirements of subtitle B and inserting requirements of subparagraph (B) or (D), any of the statutory or regulatory requirements of subtitle B ; (ii) by striking clause (ii); and (iii) in clause (i), by striking ; and and inserting a period at the end; and (D) by adding at the end the following: (D) Expedited process for extending approved waivers to additional states In lieu of the requirements of subparagraphs (B) and (C), the Secretary may establish an expedited procedure for the purpose of extending to additional States the waiver of statutory or regulatory requirements that have been approved for a State pursuant to a request under subparagraph (B). Such procedure shall ensure that the extension of such waivers to additional States are accompanied by appropriate conditions relating the implementation of such waivers. (E) External Conditions The Secretary shall not require or impose new or additional requirements, which are not specified under this Act, on a State in exchange for providing a waiver to the State or a local area in the State under this paragraph. . 137. State legislative authority Section 191(a) ( 29 U.S.C. 2941(a) ) is amended— (1) by striking consistent with the provisions of this title and inserting consistent with State law and the provisions of this title ; and (2) by striking consistent with the terms and conditions required under this title and inserting consistent with State law and the terms and conditions required under this title . 138. General program requirements Section 195 ( 29 U.S.C. 2945 ) is amended— (1) in paragraph (7), by inserting at the end the following: (D) Funds received by a public or private nonprofit entity that are not described in subparagraph (B), such as funds privately raised from philanthropic foundations, businesses, or other private entities, shall not be considered to be income under this title and shall not be subject to the requirements of this section. ; and (2) by adding at the end the following new paragraphs: (14) Funds provided under this title shall not be used to establish or operate stand-alone fee-for-service enterprises that compete with private sector employment agencies within the meaning of section 701(c) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(c) ), except that for purposes of this paragraph, such an enterprise does not include one-stop centers. (15) Any report required to be submitted to Congress, or to a Committee of Congress, under this title shall be submitted to both the chairmen and ranking minority members of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. . 139. Federal agency staff and restrictions on political and lobbying activities Subtitle E of title I ( 29 U.S.C. 2931 et seq. ) is amended by adding at the end the following new sections: 196. Federal agency staff The Director of the Office of Management and Budget shall— (1) not later than 60 days after the date of the enactment of the SKILLS Act— (A) identify the number of Federal government employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment; and (B) identify the number of full-time equivalent employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment, and that have been repealed or consolidated on or after such date of enactment; (2) not later than 90 after such date of enactment, publish the information described in paragraph (1) on the Office of Management and Budget website; and (3) not later than 1 year after such date of enactment— (A) reduce the workforce of the Federal Government by the number of full-time equivalent employees identified under paragraph (1)(B); and (B) submit to Congress a report on how the Director carried out the requirements of subparagraph (A). 197. Restrictions on lobbying and political activities (a) Lobbying restrictions (1) Publicity restrictions (A) In general Subject to subparagraph (B), no funds provided under this Act shall be used or proposed for use, for— (i) publicity or propaganda purposes; or (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body. (B) Exception Subparagraph (A) shall not apply to— (i) normal and recognized executive-legislative relationships; (ii) the preparation, distribution, or use of the materials described in subparagraph (A)(ii) in presentation to the Congress or any State or local legislature (except that this subparagraph does not apply with respect to such preparation, distribution, or use in presentation to the executive branch of any State or local government); or (iii) if such materials are designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government. (2) Salary payment restriction No funds provided under this Act shall be used, or proposed for use, to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulations, administrative action, or executive order proposed or pending before the Congress or any State government, or State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local, or tribal government in policymaking and administrative processes within the executive branch of that government. (b) Political restrictions (1) In general No funds received by a participant of a program or an activity under this Act shall be used for— (A) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; or (B) any activity to provide voters with transportation to the polls or similar assistance in connection with any such election. (2) Definition For the purposes of this subsection, the term participant includes any State, local area, or governmental, nonprofit, or for-profit entity receiving funds under this Act. (3) Restriction on voter registration activities No funds under this Act shall be used to conduct voter registration activities. . F State unified plan 140. State unified plan Section 501 ( 20 U.S.C. 9271 ) is amended— (1) by amending subsection (a) to read as follows: (a) General authority The Secretary shall receive and approve State unified plans developed and submitted under this section. ; (2) by amending subsection (b) to read as follows: (b) State unified plan (1) In general A State may develop and submit to the Secretary a State unified plan for 2 or more of the activities or programs set forth in paragraph (2). The State unified plan shall cover one or more of the activities set forth in subparagraphs (A) and (B) of paragraph (2) and may cover one or more of the activities set forth in subparagraphs (C) through (N) of paragraph (2). For purposes of this paragraph, the activities and programs described in subparagraphs (A) and (B) of paragraph (2) shall not be considered to be 2 or more activities or programs for purposes of the unified plan. Such activities or programs shall be considered to be 1 activity or program. (2) Activities and programs The activities and programs referred to in paragraph (1) are as follows: (A) Programs and activities authorized under title I. (B) Programs and activities authorized under title II. (C) Programs authorized under the Rehabilitation Act of 1973. (D) Secondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act. (E) Postsecondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act. (F) Programs and activities authorized under title II of the Trade Act of 1974. (G) National Apprenticeship Act of 1937. (H) Programs authorized under the Community Services Block Grant Act. (I) Programs authorized under the part A of title IV of the Social Security Act. (J) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law). (K) Work programs authorized under section 6(o) of the Food Stamp Act of 1977. (L) Programs and activities authorized title I of the Housing and Community Development Act of 1974. (M) Programs and activities authorized under the Public Workers and Economic Development Act of 1965. (N) Activities as defined under chapter 41 of title 38, United States Code. ; (3) by amending subsection (d) to read as follows: (d) Approval (1) Jurisdiction In approving a State unified plan under this section, the Secretary shall— (A) submit the portion of the State unified plan covering an activity or program described in subsection (b)(2) to the head of the Federal agency who exercises administrative authority over the activity or program for the approval of such portion by such Federal agency head; or (B) coordinate approval of the portion of the State unified plan covering an activity or program described in subsection (b)(2) with the head of the Federal agency who exercises administrative authority over the activity or program. (2) Timeline A State unified plan shall be considered to be approved by the Secretary at the end of the 90-day period beginning on the day the Secretary receives the plan, unless the Secretary makes a written determination, during the 90-day period, that details how the plan is not consistent with the requirements of the Federal statute authorizing an activity or program described in subsection (b)(2) and covered under the plan or how the plan is not consistent with the requirements of subsection (c)(3). ; and (4) by adding at the end the following: (e) Additional employment and training funds (1) Purpose It is the purpose of this subsection to reduce inefficiencies in the administration of federally-funded State and local employment and training programs. (2) In general In developing a State unified plan for the activities or programs described in subsection (b)(2) and subject to paragraph (4) and the State plan approval process under subsection (d), a State may propose to consolidate the amount, in whole or part, provided for the activities or programs dedicated to employment and training into the Workforce Investment Fund under section 132(b) to improve the administration of State and local employment and training programs. (3) Requirements A State with a State unified plan approved under subsection (d) for purposes of consolidation under paragraph (2) and that is carrying out such consolidation shall— (A) continue to meet the program requirements, limitations, and prohibitions of any Federal statute authorizing the activity or program consolidated into the Workforce Investment Fund; (B) meet the intent and purpose of the activity or program consolidated into the Workforce Investment Fund; and (C) continue to make reservations and allotments under subsections (a) and (b) of section 133. (4) Exceptions A State may not consolidate funds under paragraph (2) that are allocated to the State under— (A) the Carl D. Perkins Career and Technical Education Act of 2006; or (B) the Rehabilitation Act of 1973. . II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Amendment Title II ( 20 U.S.C. 2901 et seq. ) is amended to read as follows: II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Short title This title may be cited as the Adult Education and Family Literacy Education Act . 202. Purpose It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and math skills, and support States and local communities in providing, on a voluntary basis, adult education and family literacy education programs, in order to— (1) increase the literacy of adults, including the basic reading, writing, speaking, and math skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce; (2) assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution; (3) assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children’s education including, through instruction in basic reading, writing, speaking, and math skills; and (4) assist adults who are not proficient in English in improving their reading, writing, speaking, listening, comprehension, and math skills. 203. Definitions In this title: (1) Adult education and family literacy education programs The term adult education and family literacy education programs means a sequence of academic instruction and educational services below the postsecondary level that increase an individual’s ability to read, write, and speak English and perform mathematical computations leading to a level of proficiency equivalent to at least a secondary school completion that is provided for individuals— (A) who are at least 16 years of age; (B) who are not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) lack sufficient mastery of basic reading, writing, speaking, and math skills to enable the individuals to function effectively in society; (ii) do not have a secondary school diploma or its equivalent and have not achieved an equivalent level of education; or (iii) are English learners. (2) Eligible agency The term eligible agency — (A) means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and (B) may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges. (3) Eligible provider The term eligible provider means an organization of demonstrated effectiveness which is— (A) a local educational agency; (B) a community-based or faith-based organization; (C) a volunteer literacy organization; (D) an institution of higher education; (E) a public or private educational agency; (F) a library; (G) a public housing authority; (H) an institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or (I) a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H). (4) English language acquisition program The term English language acquisition program means a program of instruction— (A) designed to help English learners achieve competence in reading, writing, speaking, and comprehension of the English language; and (B) that may lead to— (i) attainment of a secondary school diploma or its recognized equivalent; (ii) transition to success in postsecondary education and training; and (iii) employment or career advancement. (5) Family literacy education program The term family literacy education program means an educational program that— (A) assists parents and students, on a voluntary basis, in achieving the purposes of this title as described in section 202; and (B) is of sufficient intensity in terms of hours and of sufficient quality to make sustainable changes in a family, is evidence-based, and, for the purpose of substantially increasing the ability of parents and children to read, write, and speak English, integrates— (i) interactive literacy activities between parents and their children; (ii) training for parents regarding how to be the primary teacher for their children and full partners in the education of their children; (iii) parent literacy training that leads to economic self-sufficiency; and (iv) an age-appropriate education to prepare children for success in school and life experiences. (6) Governor The term Governor means the chief executive officer of a State or outlying area. (7) Individual with a disability (A) In general The term individual with a disability means an individual with any disability (as defined in section 3 of the Americans with Disabilities Act of 1990). (B) Individuals with disabilities The term individuals with disabilities means more than one individual with a disability. (8) English learner The term English learner means an adult or out-of-school youth who has limited ability in reading, writing, speaking, or understanding the English language, and— (A) whose native language is a language other than English; or (B) who lives in a family or community environment where a language other than English is the dominant language. (9) Integrated Education and Training The term integrated education and training means services that provide adult education and literacy activities contextually and concurrently with workforce preparation activities and workforce training for a specific occupation or occupational cluster. Such services may include offering adult education services concurrent with postsecondary education and training, including through co-instruction. (10) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965. (11) Literacy The term literacy means an individual’s ability to read, write, and speak in English, compute, and solve problems at a level of proficiency necessary to obtain employment and to successfully make the transition to postsecondary education. (12) Local educational agency The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (13) Outlying area The term outlying area has the meaning given the term in section 101 of this Act. (14) Postsecondary educational institution The term postsecondary educational institution means— (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree; (B) a tribally controlled community college; or (C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. (15) Secretary The term Secretary means the Secretary of Education. (16) State The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (17) State educational agency The term State educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (18) Workplace literacy program The term workplace literacy program means an educational program that is offered in collaboration between eligible providers and employers or employee organizations for the purpose of improving the productivity of the workforce through the improvement of reading, writing, speaking, and math skills. 204. Home schools Nothing in this title shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, or to compel a parent engaged in home schooling to participate in adult education and family literacy education activities under this title. 205. Authorization of appropriations There are authorized to be appropriated to carry out this title, $606,294,933 for fiscal years 2014 and for each of the 6 succeeding fiscal years. A Federal Provisions 211. Reservation of funds; grants to eligible agencies; allotments (a) Reservation of funds From the sums appropriated under section 205 for a fiscal year, the Secretary shall reserve 2.0 percent to carry out section 242. (b) Grants to eligible agencies (1) In general From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g). (2) Purpose of grants The Secretary may award a grant under paragraph (1) only if the eligible agency involved agrees to expend the grant in accordance with the provisions of this title. (c) Allotments (1) Initial allotments From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224— (A) $100,000, in the case of an eligible agency serving an outlying area; and (B) $250,000, in the case of any other eligible agency. (2) Additional allotments From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas. (d) Qualifying adult For the purpose of subsection (c)(2), the term qualifying adult means an adult who— (1) is at least 16 years of age; (2) is beyond the age of compulsory school attendance under the law of the State or outlying area; (3) does not have a secondary school diploma or its recognized equivalent; and (4) is not enrolled in secondary school. (e) Special rule (1) In general From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary. (2) Termination of eligibility Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective. (f) Hold-Harmless provisions (1) In general Notwithstanding subsection (c) and subject to paragraph (2), for— (A) fiscal year 2014, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for fiscal year 2012 under this title; and (B) fiscal year 2015 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title. (2) Ratable reduction If, for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratable reduce the payments to all eligible agencies, as necessary. (g) Reallotment The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year. 212. Performance accountability system Programs and activities authorized under this title are subject to the performance accountability provisions described in paragraph (2)(A) and (3) of section 136(b) and may, at a State’s discretion, include additional indicators identified in the State plan approved under section 224. B State Provisions 221. State administration Each eligible agency shall be responsible for the following activities under this title: (1) The development, submission, implementation, and monitoring of the State plan. (2) Consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title. (3) Coordination and avoidance of duplication with other Federal and State education, training, corrections, public housing, and social service programs. 222. State distribution of funds; matching requirement (a) State distribution of funds Each eligible agency receiving a grant under this title for a fiscal year— (1) shall use an amount not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 10 percent of such amount shall be available to carry out section 225; (2) shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and (3) shall use not more than 5 percent of the grant funds, or $65,000, whichever is greater, for the administrative expenses of the eligible agency. (b) Matching requirement (1) In general In order to receive a grant from the Secretary under section 211(b), each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and family literacy education programs for which the grant is awarded, a non-Federal contribution in an amount that is not less than— (A) in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and family literacy education programs in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and (B) in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and family literacy education programs in the State. (2) Non-federal contribution An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and family literacy education programs in a manner that is consistent with the purpose of this title. 223. State leadership activities (a) In general Each eligible agency may use funds made available under section 222(a)(2) for any of the following adult education and family literacy education programs: (1) The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b). (2) The provision of technical assistance to eligible providers of adult education and family literacy education programs, including for the development and dissemination of evidence based research instructional practices in reading, writing, speaking, math, and English language acquisition programs. (3) The provision of assistance to eligible providers in developing, implementing, and reporting measurable progress in achieving the objectives of this title. (4) The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities. (5) The provision of technology assistance, including staff training, to eligible providers of adult education and family literacy education programs, including distance education activities, to enable the eligible providers to improve the quality of such activities. (6) The development and implementation of technology applications or distance education, including professional development to support the use of instructional technology. (7) Coordination with other public programs, including programs under title I of this Act, and other welfare-to-work, workforce development, and job training programs. (8) Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and family literacy education programs, for adults enrolled in such activities. (9) The development and implementation of a system to assist in the transition from adult basic education to postsecondary education. (10) Activities to promote workplace literacy programs. (11) Other activities of statewide significance, including assisting eligible providers in achieving progress in improving the skill levels of adults who participate in programs under this title. (12) Integration of literacy, instructional, and occupational skill training and promotion of linkages with employees. (b) Coordination In carrying out this section, eligible agencies shall coordinate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a). (c) State-Imposed requirements Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area. 224. State plan (a) 3-Year plans (1) In general Each eligible agency desiring a grant under this title for any fiscal year shall submit to, or have on file with, the Secretary a 3-year State plan. (2) State unified plan The eligible agency may submit the State plan as part of a State unified plan described in section 501. (b) Plan contents The eligible agency shall include in the State plan or any revisions to the State plan— (1) an objective assessment of the needs of individuals in the State or outlying area for adult education and family literacy education programs, including individuals most in need or hardest to serve; (2) a description of the adult education and family literacy education programs that will be carried out with funds received under this title; (3) an assurance that the funds received under this title will not be expended for any purpose other than for activities under this title; (4) a description of how the eligible agency will annually evaluate and measure the effectiveness and improvement of the adult education and family literacy education programs funded under this title using the indicators of performance described in section 136, including how the eligible agency will conduct such annual evaluations and measures for each grant received under this title; (5) a description of how the eligible agency will fund local activities in accordance with the measurable goals described in section 231(d); (6) an assurance that the eligible agency will expend the funds under this title only in a manner consistent with fiscal requirements in section 241; (7) a description of the process that will be used for public participation and comment with respect to the State plan, which— (A) shall include consultation with the State workforce investment board, the State board responsible for administering community or technical colleges, the Governor, the State educational agency, the State board or agency responsible for administering block grants for temporary assistance to needy families under title IV of the Social Security Act, the State council on disabilities, the State vocational rehabilitation agency, and other State agencies that promote the improvement of adult education and family literacy education programs, and direct providers of such programs; and (B) may include consultation with the State agency on higher education, institutions responsible for professional development of adult education and family literacy education programs instructors, representatives of business and industry, refugee assistance programs, and faith-based organizations; (8) a description of the eligible agency’s strategies for serving populations that include, at a minimum— (A) low-income individuals; (B) individuals with disabilities; (C) the unemployed; (D) the underemployed; and (E) individuals with multiple barriers to educational enhancement, including English learners; (9) a description of how the adult education and family literacy education programs that will be carried out with any funds received under this title will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency; (10) a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 231(c)(1), including— (A) how the State will build the capacity of community-based and faith-based organizations to provide adult education and family literacy education programs; and (B) how the State will increase the participation of business and industry in adult education and family literacy education programs; (11) an assessment of the adequacy of the system of the State or outlying area to ensure teacher quality and a description of how the State or outlying area will use funds received under this subtitle to improve teacher quality, including evidence-based professional development to improve instruction; and (12) a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs. (c) Plan revisions When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions of the State plan to the Secretary. (d) Consultation The eligible agency shall— (1) submit the State plan, and any revisions to the State plan, to the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, or outlying area for review and comment; and (2) ensure that any comments regarding the State plan by the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, and any revision to the State plan, are submitted to the Secretary. (e) Plan approval The Secretary shall— (1) approve a State plan within 90 days after receiving the plan unless the Secretary makes a written determination within 30 days after receiving the plan that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and (2) not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (3), to review the plan and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle. 225. Programs for corrections education and other institutionalized individuals (a) Program authorized From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals. (b) Uses of funds The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for— (1) basic skills education; (2) special education programs as determined by the eligible agency; (3) reading, writing, speaking, and math programs; (4) secondary school credit or diploma programs or their recognized equivalent; and (5) integrated education and training. (c) Priority Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program. (d) Definitions For purposes of this section: (1) Correctional institution The term correctional institution means any— (A) prison; (B) jail; (C) reformatory; (D) work farm; (E) detention center; or (F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Criminal offender The term criminal offender means any individual who is charged with, or convicted of, any criminal offense. C Local Provisions 231. Grants and contracts for eligible providers (a) Grants and contracts From grant funds made available under section 222(a)(1), each eligible agency shall award multi-year grants or contracts, on a competitive basis, to eligible providers within the State or outlying area that meet the conditions and requirements of this title to enable the eligible providers to develop, implement, and improve adult education and family literacy education programs within the State. (b) Local activities The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to establish or operate— (1) programs that provide adult education and literacy activities; (2) programs that provide integrated employment and training activities; or (3) credit-bearing postsecondary coursework. (c) Direct and equitable access; same process Each eligible agency receiving funds under this title shall ensure that— (1) all eligible providers have direct and equitable access to apply for grants or contracts under this section; and (2) the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area. (d) Measurable goals The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to demonstrate— (1) the eligible provider’s measurable goals for participant outcomes to be achieved annually on the core indicators of performance described in section 136(b)(2)(A); (2) the past effectiveness of the eligible provider in improving the basic academic skills of adults and, for eligible providers receiving grants in the prior year, the success of the eligible provider receiving funding under this title in exceeding its performance goals in the prior year; (3) the commitment of the eligible provider to serve individuals in the community who are the most in need of basic academic skills instruction services, including individuals with disabilities and individuals who are low-income or have minimal reading, writing, speaking, and math skills, or are English learners; (4) the program is of sufficient intensity and quality for participants to achieve substantial learning gains; (5) educational practices are evidence-based; (6) the activities of the eligible provider effectively employ advances in technology, and delivery systems including distance education; (7) the activities provide instruction in real-life contexts, including integrated education and training when appropriate, to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship; (8) the activities are staffed by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the State; (9) the activities are coordinated with other available resources in the community, such as through strong links with elementary schools and secondary schools, postsecondary educational institutions, local workforce investment boards, one-stop centers, job training programs, community-based and faith-based organizations, and social service agencies; (10) the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs; (11) the activities include a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and to monitor program performance; (12) the local communities have a demonstrated need for additional English language acquisition programs, and integrated education and training programs; (13) the capacity of the eligible provider to produce valid information on performance results, including enrollments and measurable participant outcomes; (14) adult education and family literacy education programs offer rigorous reading, writing, speaking, and math content that are evidence based; and (15) applications of technology, and services to be provided by the eligible providers, are of sufficient intensity and duration to increase the amount and quality of learning and lead to measurable learning gains within specified time periods. (e) Special rule Eligible providers may use grant funds under this title to serve children participating in family literacy programs assisted under this part, provided that other sources of funds available to provide similar services for such children are used first. 232. Local application Each eligible provider desiring a grant or contract under this title shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including— (1) a description of how funds awarded under this title will be spent consistent with the requirements of this title; (2) a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and family literacy education programs; and (3) each of the demonstrations required by section 231(d). 233. Local administrative cost limits (a) In general Subject to subsection (b), of the amount that is made available under this title to an eligible provider— (1) at least 95 percent shall be expended for carrying out adult education and family literacy education programs; and (2) the remaining amount shall be used for planning, administration, personnel and professional development, development of measurable goals in reading, writing, speaking, and math, and interagency coordination. (b) Special rule In cases where the cost limits described in subsection (a) are too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the eligible provider may negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes. D General Provisions 241. Administrative provisions Funds made available for adult education and family literacy education programs under this title shall supplement and not supplant other State or local public funds expended for adult education and family literacy education programs. 242. National activities The Secretary shall establish and carry out a program of national activities that may include the following: (1) Providing technical assistance to eligible entities, on request, to— (A) improve their fiscal management, research-based instruction, and reporting requirements to carry out the requirements of this title; (B) improve its performance on the core indicators of performance described in section 136; (C) provide adult education professional development; and (D) use distance education and improve the application of technology in the classroom, including instruction in English language acquisition for English learners. (2) Providing for the conduct of research on national literacy basic skill acquisition levels among adults, including the number of adult English learners functioning at different levels of reading proficiency. (3) Improving the coordination, efficiency, and effectiveness of adult education and workforce development services at the national, State, and local levels. (4) Determining how participation in adult education, English language acquisition, and family literacy education programs prepares individuals for entry into and success in postsecondary education and employment, and in the case of prison-based services, the effect on recidivism. (5) Evaluating how different types of providers, including community and faith-based organizations or private for-profit agencies measurably improve the skills of participants in adult education, English language acquisition, and family literacy education programs. (6) Identifying model integrated basic and workplace skills education programs, including programs for English learners coordinated literacy and employment services, and effective strategies for serving adults with disabilities. (7) Initiating other activities designed to improve the measurable quality and effectiveness of adult education, English language acquisition, and family literacy education programs nationwide. . III AMENDMENTS TO THE WAGNER-PEYSER ACT 301. Amendments to the Wagner-Peyser Act The Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) is amended by amending section 15 to read as follows: 15. Workforce and labor market information system (a) System content (1) In general The Secretary of Labor, in accordance with the provisions of this section, shall oversee the development, maintenance, and continuous improvement of a nationwide workforce and labor market information system that includes— (A) statistical data from cooperative statistical survey and projection programs and data from administrative reporting systems that, taken together, enumerate, estimate, and project employment opportunities and conditions at national, State, and local levels in a timely manner, including statistics on— (i) employment and unemployment status of national, State, and local populations, including self-employed, part-time, and seasonal workers; (ii) industrial distribution of occupations, as well as current and projected employment opportunities, wages, benefits (where data is available), and skill trends by occupation and industry, with particular attention paid to State and local conditions; (iii) the incidence of, industrial and geographical location of, and number of workers displaced by, permanent layoffs and plant closings; and (iv) employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation; (B) information on State and local employment opportunities, and other appropriate statistical data related to labor market dynamics, which— (i) shall be current and comprehensive; (ii) shall meet the needs identified through the consultations described in subparagraphs (A) and (B) of subsection (e)(2); and (iii) shall meet the needs for the information identified in section 121; (C) technical standards (which the Secretary shall publish annually) for data and information described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of chapter 35 of title 44, United States Code; (D) procedures to ensure compatibility and additivity of the data and information described in subparagraphs (A) and (B) from national, State, and local levels; (E) procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph (A) of employment-related programs; (F) analysis of data and information described in subparagraphs (A) and (B) for uses such as— (i) national, State, and local policymaking; (ii) implementation of Federal policies (including allocation formulas); (iii) program planning and evaluation; and (iv) researching labor market dynamics; (G) wide dissemination of such data, information, and analysis in a user-friendly manner and voluntary technical standards for dissemination mechanisms; and (H) programs of— (i) training for effective data dissemination; (ii) research and demonstration; and (iii) programs and technical assistance. (2) Information to be confidential (A) In general No officer or employee of the Federal Government or agent of the Federal Government may— (i) use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes for which the submission is furnished; (ii) disclose to the public any publication or media transmittal of the data contained in the submission described in clause (i) that permits information concerning an individual subject to be reasonably inferred by either direct or indirect means; or (iii) permit anyone other than a sworn officer, employee, or agent of any Federal department or agency, or a contractor (including an employee of a contractor) of such department or agency, to examine an individual submission described in clause (i), without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission. (B) Immunity from legal process Any submission (including any data derived from the submission) that is collected and retained by a Federal department or agency, or an officer, employee, agent, or contractor of such a department or agency, for exclusively statistical purposes under this section shall be immune from the legal process and shall not, without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. (C) Rule of construction Nothing in this section shall be construed to provide immunity from the legal process for such submission (including any data derived from the submission) if the submission is in the possession of any person, agency, or entity other than the Federal Government or an officer, employee, agent, or contractor of the Federal Government, or if the submission is independently collected, retained, or produced for purposes other than the purposes of this Act. (b) System responsibilities (1) In general The workforce and labor market information system described in subsection (a) shall be planned, administered, overseen, and evaluated through a cooperative governance structure involving the Federal Government and States. (2) Duties The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties: (A) Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that all statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions. (B) Actively seek the cooperation of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities. (C) Eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority. (D) In collaboration with the Bureau of Labor Statistics and States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1). (E) Establish procedures for the system to ensure that— (i) such data and information are timely; (ii) paperwork and reporting for the system are reduced to a minimum; and (iii) States and localities are fully involved in the development and continuous improvement of the system at all levels. (c) National electronic tools To provide services The Secretary is authorized to assist in the development of national electronic tools that may be used to facilitate the delivery of work ready services described in section 134(c)(2) and to provide workforce information to individuals through the one-stop delivery systems described in section 121 and through other appropriate delivery systems. (d) Coordination with the states (1) In general The Secretary, working through the Bureau of Labor Statistics and the Employment and Training Administration, shall regularly consult with representatives of State agencies carrying out workforce information activities regarding strategies for improving the workforce and labor market information system. (2) Formal consultations At least twice each year, the Secretary, working through the Bureau of Labor Statistics, shall conduct formal consultations regarding programs carried out by the Bureau of Labor Statistics with representatives of each of the Federal regions of the Bureau of Labor Statistics, elected (pursuant to a process established by the Secretary) from the State directors affiliated with State agencies that perform the duties described in subsection (e)(2). (e) State responsibilities (1) In general In order to receive Federal financial assistance under this section, the Governor of a State shall— (A) be responsible for the management of the portions of the workforce and labor market information system described in subsection (a) that comprise a statewide workforce and labor market information system and for the State’s participation in the development of the annual plan; (B) establish a process for the oversight of such system; (C) consult with State and local employers, participants, and local workforce investment boards about the labor market relevance of the data to be collected and disseminated through the statewide workforce and labor market information system; (D) consult with State educational agencies and local educational agencies concerning the provision of employment statistics in order to meet the needs of secondary school and postsecondary school students who seek such information; (E) collect and disseminate for the system, on behalf of the State and localities in the State, the information and data described in subparagraphs (A) and (B) of subsection (a)(1); (F) maintain and continuously improve the statewide workforce and labor market information system in accordance with this section; (G) perform contract and grant responsibilities for data collection, analysis, and dissemination for such system; (H) conduct such other data collection, analysis, and dissemination activities as will ensure an effective statewide workforce and labor market information system; (I) actively seek the participation of other State and local agencies in data collection, analysis, and dissemination activities in order to ensure complementarity, compatibility, and usefulness of data; (J) participate in the development of the annual plan described in subsection (c); and (K) utilize the quarterly records described in section 136(f)(2) to assist the State and other States in measuring State progress on State performance measures. (2) Rule of construction Nothing in this section shall be construed as limiting the ability of a Governor to conduct additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this section. (f) Nonduplication requirement None of the functions and activities carried out pursuant to this section shall duplicate the functions and activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $63,473,000 for fiscal year 2014 and each of the 6 succeeding fiscal years. (h) Definition In this section, the term local area means the smallest geographical area for which data can be produced with statistical reliability. . IV REPEALS AND CONFORMING AMENDMENTS 401. Repeals The following provisions are repealed: (1) Chapter 4 of subtitle B of title I, and sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503, and 506 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of the SKILLS Act. (2) Title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ). (3) Sections 1 through 14 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ). (4) Twenty-First Century Workforce Commission Act ( 29 U.S.C. 2701 note). (5) Public Law 91–378, 16 U.S.C. 1701 et seq. (popularly known as the Youth Conservation Corps Act of 1970 ). (6) Section 821 of the Higher Education Amendments of 1998 ( 20 U.S.C. 1151 ) (Grants to States for workplace and community transition training for incarcerated individuals). (7) The Women in Apprenticeship and Nontraditional Occupations Act ( 29 U.S.C. 2501 et seq. ). (8) Sections 4103A and 4104 of title 38, United States Code. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 Section 104(k)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604 ) is amended by striking , training, . 403. Amendments to the Food and Nutrition Act of 2008 (a) Definition Section 3(t) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(t) ) is amended— (1) by striking and (2) and inserting (2) , and (2) by inserting before the period at the end the following: , and (3) when referencing employment and training activities under section 6(d)(4), a State board as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 ) . (b) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in subsection (d)(14) by striking section 6(d)(4)(I) and inserting section 6(d)(4)(C) , and (2) in subsection (g)(3) by striking constitutes adequate participation in an employment and training program under section 6(d) and inserting allows the individual to participate in employment and training activities under section 6(d)(4) . (c) Eligibility disqualifications Section 6(d)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4) ) is amended to read as follows: (4) Employment and training (A) Implementation Each State agency shall provide employment and training services authorized under section 134 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864 ) to eligible members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment. (B) Statewide workforce development system Consistent with subparagraph (A), employment and training services shall be provided through the statewide workforce development system, including the One-Stop delivery system, authorized by the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). (C) Reimbursements (i) Actual costs The State agency shall provide payments or reimbursement to participants served under this paragraph for— (I) the actual costs of transportation and other actual costs (other than dependent care costs) that are reasonably necessary and directly related to the individual participating in employment and training activities; and (II) the actual costs of such dependent care expenses that are determined by the State agency to be necessary for the individual to participate in employment and training activities (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) in a local area where an employment, training, or education program under title IV of such Act is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate. (ii) Service contracts and vouchers In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at its option, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household. (iii) Value of reimbursements The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall— (I) not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and (II) not be claimed as an employment-related expense for the purposes of the credit provided under section 21 of the Internal Revenue Code of 1986 ( 26 U.S.C. 21 ). . (d) Administration Section 11(e)(19) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(11) is amended to read as follows: (19) the plans of the State agency for providing employment and training services under section 6(d)(4); . (e) Administrative cost-Sharing and quality control Section 16(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 ) is amended— (1) in paragraph (1)— (A) in subparagraph (A) by striking carry out employment and training programs and inserting provide employment and training services to eligible households under section 6(d)(4) , and (B) in subparagraph (D) by striking operating an employment and training program and inserting providing employment and training services consistent with section 6(d)(4) , (2) in paragraph (3) by striking related to participation in an employment and training program and inserting the individual participating in employment and training activities , (3) in paragraph (4) by striking for operating an employment and training program and inserting to provide employment and training services , and (4) by amending paragraph (5) to read as follows: (5) Monitoring The Secretary, in conjunction with the Secretary of Labor, shall monitor each State agency responsible for administering employment and training services under section 6(d)(4) to ensure funds are being spent effectively and efficiently. Each program of employment and training receiving funds under section 6(d)(4) shall be subject to the requirements of the performance accountability system, including having to meet the state performance measures included in section 136 of the Workforce Investment Act ( 29 U.S.C. 2871 ). . (f) Research, demonstration, and evaluations Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ) is amended— (1) in subsection (b) by striking paragraph (3), and (2) in subsection (g)— (A) by inserting , in conjunction with the Secretary of Labor, after Secretary , and (B) by striking programs established and inserting activities provided to eligible households . (g) Minnesota family investment project Section 22(b)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2031(b)(4) ) is amended by striking equivalent to those offered under the employment and training program . 404. Amendments to section 412 of the Immigration and Nationality Act (a) Conditions and considerations Section 412(a) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by striking make available sufficient resources for employment training and placement and inserting provide refugees with the opportunity to access employment and training services, including job placement, ; and (B) in subparagraph (B)(ii), by striking services; and inserting services provided through the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ); ; (2) in paragraph (2)(C)(iii)(II), by inserting and training after employment ; (3) in paragraph (6)(A)(ii)— (A) by striking insure and inserting ensure ; (B) by inserting and training after employment ; and (C) by inserting after available the following: through the one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 ) ; and (4) in paragraph (9), by inserting the Secretary of Labor, after Education, . (b) Program of initial resettlement Section 412(b)(2) of such Act ( 8 U.S.C. 1522(b)(2) ) is amended— (1) by striking orientation, instruction and inserting orientation and instruction ; and (2) by striking , and job training for refugees, and such other education and training of refugees, as facilitates and inserting for refugees to facilitate . (c) Project grants and contracts for services for refugees Section 412(c) of such Act ( 8 U.S.C. 1522(c) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by inserting and training after employment ; and (B) by striking subparagraph (C); (2) in paragraph (2)(B), by striking paragraph— and all that follows through in a manner and inserting paragraph in a manner ; and (3) by adding at the end the following: (3) In carrying out this section, the Director shall ensure that employment and training services are provided through the statewide workforce development system, as appropriate, authorized by the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). Such action may include— (A) making employment and training services as described under section 134 of such Act ( 29 U.S.C. 2864 ) available to refugees; and (B) providing refugees with access to a one-stop delivery system under section 121 of such Act ( 29 U.S.C. 2841 ). . (d) Cash assistance and medical assistance to refugees Section 412(e) of such Act ( 8 U.S.C. 1522(e) ) is amended— (1) in paragraph (2)(A)(i), by inserting and training after providing employment ; and (2) in paragraph (3), by striking The and inserting Consistent with subsection (c)(3), the . 405. Amendments relating to the Second Chance Act of 2007 (a) Federal Prisoner Reentry Initiative Section 231 of the Second Chance Act of 2007 ( 42 U.S.C. 17541 ) is amended— (1) in subsection (a)(1)(E)— (A) by inserting the Department of Labor and before other Federal agencies ; and (B) by inserting State and local workforce investment boards, after community-based organizations, ; (2) in subsection (c)— (A) in paragraph (2), by striking at the end and ; (B) in paragraph (3), by striking at the end the period and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) to coordinate reentry programs with the employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ). ; and (3) in subsection (d), by adding at the end the following new paragraph: (6) Interaction with the workforce investment system (A) In general In carrying out this section, the Director shall ensure that employment and training services, including such employment and services offered through reentry programs, are provided, as appropriate, through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ). Such action may include— (i) making employment and training services available to prisoners prior to and immediately following the release of such prisoners; or (ii) providing prisoners with access by remote means to a one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 ) in the State in which the prison involved is located. (B) Service defined In this paragraph, the term employment and training services means those services described in section 134 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864 ) offered by the Bureau of Prisons, including— (i) the skills assessment described in subsection (a)(1)(A); (ii) the skills development plan described in subsection (a)(1)(B); and (iii) the enhancement, development, and implementation of reentry and skills development programs. . (b) Duties of the Bureau of Prisons Section 4042(a)(5)(E) of title 18, United States Code, is amended— (1) in clause (ii), by striking Employment and inserting Employment and training services (as defined in paragraph (6) of section 231(d) of the Second Chance Act of 2007), including basic skills attainment, consistent with such paragraph ; (2) by striking clause (iii); and (3) by redesignating clauses (iv), (v), (vi), and (vii) as clauses (iii), (iv), (v), and (vi), respectively. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968 Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking vocational and inserting career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) and training ; (B) by redesignating each of paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (4) coordinating employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ), including a one-stop delivery system under section 121 of such Act ( 29 U.S.C. 2841 ), for offenders upon release from prison, jail, or a juvenile facility, as appropriate; ; (2) in subsection (d)(2), by inserting , including local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832 ), after nonprofit organizations ; (3) in subsection (e)— (A) in paragraph (3), by striking victims services, and employment services and inserting and victim services ; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (4) provides employment and training services through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ), including a one-stop delivery system under section 121 of such Act ( 29 U.S.C. 2841 ); and ; (4) in subsection (k)— (A) in paragraph (1)(A), by inserting , in accordance with paragraph (2) after under this section ; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following new paragraph: (2) Employment and training The Attorney General shall require each grantee under this section to measure the core indicators of performance as described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(b)(2)(A) ) with respect to the program of such grantee funded with a grant under this section. . 407. Conforming amendments to the United States Code Title 38, United States Code, is amended— (1) by striking the item relating to section 4103A and section 4104 in the table of sections at the beginning of chapter 41 of such title; (2) in section 4102A— (A) in subsection (b)— (i) by striking paragraphs (5), (6), and (7); (ii) by redesignating paragraph (8) as paragraph (5); (B) by striking subsections (c) and (h); (C) by redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f); (D) in subsection (e)(1) (as so redesignated)— (i) by striking , including disabled veterans’ outreach program specialists and local veterans' employment representatives providing employment, training, and placement services under this chapter in a State ; and (ii) by striking for purposes of subsection (c) . (3) in section 4109(a), by striking disabled veterans’ outreach program specialists and local veterans’ employment representative and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; (4) in section 4109(d)(1), by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; (5) in section 4112(d)— (A) in paragraph (1), by striking disabled veterans’ outreach program specialist and inserting veteran employment specialist appointed under section 134(f) of the Workforce Investment Act of 1998 ; and (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (6) in section 3672(d)(1), by striking disabled veterans’ outreach program specialists under section 4103A and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; and (7) in section 4104A— (A) in subsection (b)(1), by striking subparagraph (A) and inserting the following: (A) the appropriate veteran employment specialist (in carrying out the functions described in section 134(f) of the Workforce Investment Act of 1998); ; and (B) in subsection (c)(1), by striking subparagraph (A) and inserting the following: (A) collaborate with the appropriate veteran employment specialist (as described in section 134(f)) and the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )); . 408. Conforming amendment to table of contents The table of contents in section 1(b) is amended to read as follows: Sec. 1. Short title; table of contents. TITLE I—WORKFORCE INVESTMENT SYSTEMS Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 106. Purpose. Chapter 1—State Provisions Sec. 111. State workforce investment boards. Sec. 112. State plan. Chapter 2—Local Provisions Sec. 116. Local workforce investment areas. Sec. 117. Local workforce investment boards. Sec. 118. Local plan. Chapter 3—Workforce Investment Activities Providers Sec. 121. Establishment of one-stop delivery systems. Sec. 122. Identification of eligible providers of training services. Sec. 123. [Repealed]. Chapter 4—[Repealed] Chapter 5—Employment and Training Activities Sec. 131. General authorization. Sec. 132. State allotments. Sec. 133. Within State allocations. Sec. 134. Use of funds for employment and training activities. Chapter 6—General Provisions Sec. 136. Performance accountability system. Sec. 137. Authorization of appropriations. Subtitle C—Job Corps Sec. 141. Purposes. Sec. 142. Definitions. Sec. 143. Establishment. Sec. 144. Individuals eligible for the Job Corps. Sec. 145. Recruitment, screening, selection, and assignment of enrollees. Sec. 146. Enrollment. Sec. 147. Job Corps centers. Sec. 148. Program activities. Sec. 149. Counseling and job placement. Sec. 150. Support. Sec. 151. Operations. Sec. 152. Standards of conduct. Sec. 153. Community participation. Sec. 154. Workforce councils. Sec. 155. [Repealed]. Sec. 156. Technical assistance to centers. Sec. 157. Application of provisions of Federal law. Sec. 158. Special provisions. Sec. 159. Performance accountability and management. Sec. 160. General provisions. Sec. 161. Authorization of appropriations. Subtitle D—National Programs Sec. 166. [Repealed]. Sec. 167. [Repealed]. Sec. 168. [Repealed]. Sec. 169. [Repealed]. Sec. 170. Technical assistance. Sec. 171. [Repealed]. Sec. 172. Evaluations. Sec. 173. [Repealed]. Sec. 173A. [Repealed]. Sec. 174. [Repealed]. Subtitle E—Administration Sec. 181. Requirements and restrictions. Sec. 182. Prompt allocation of funds. Sec. 183. Monitoring. Sec. 184. Fiscal controls; sanctions. Sec. 185. Reports; recordkeeping; investigations. Sec. 186. Administrative adjudication. Sec. 187. Judicial review. Sec. 188. Nondiscrimination. Sec. 189. Administrative provisions. Sec. 190. References. Sec. 191. State legislative authority. Sec. 192. [Repealed]. Sec. 193. Transfer of Federal equity in State employment security real property to the States. Sec. 194. [Repealed]. Sec. 195. General program requirements. Sec. 196. Federal agency staff. Sec. 197. Restrictions on lobbying and political activities. Subtitle F—Repeals and Conforming Amendments Sec. 199. Repeals. Sec. 199A. Conforming amendments. TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Definitions. Sec. 204. Home schools. Sec. 205. Authorization of appropriations. Subtitle A—Federal Provisions Sec. 211. Reservation of funds; grants to eligible agencies; allotments. Sec. 212. Performance accountability system. Subtitle B—State Provisions Sec. 221. State administration. Sec. 222. State distribution of funds; matching requirement. Sec. 223. State leadership activities. Sec. 224. State plan. Sec. 225. Programs for corrections education and other institutionalized individuals. Subtitle C—Local Provisions Sec. 231. Grants and contracts for eligible providers. Sec. 232. Local application. Sec. 233. Local administrative cost limits. Subtitle D—General Provisions Sec. 241. Administrative provisions. Sec. 242. National activities. TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES Subtitle A—Wagner-Peyser Act Sec. 301. Definitions. Sec. 302. Functions. Sec. 303. Designation of State agencies. Sec. 304. Appropriations. Sec. 305. Disposition of allotted funds. Sec. 306. State plans. Sec. 307. Repeal of Federal advisory council. Sec. 308. Regulations. Sec. 309. Employment statistics. Sec. 310. Technical amendments. Sec. 311. Effective date. Subtitle B—Linkages With Other Programs Sec. 321. Trade Act of 1974. Sec. 322. Veterans' employment programs. Sec. 323. Older Americans Act of 1965. Subtitle C—[Repealed] Subtitle D—Application of Civil Rights and Labor-Management Laws to the Smithsonian Institution Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998 Sec. 401. Short title. Sec. 402. Title. Sec. 403. General provisions. Sec. 404. Vocational rehabilitation services. Sec. 405. Research and training. Sec. 406. Professional development and special projects and demonstrations. Sec. 407. National Council on Disability. Sec. 408. Rights and advocacy. Sec. 409. Employment opportunities for individuals with disabilities. Sec. 410. Independent living services and centers for independent living. Sec. 411. [Repealed]. Sec. 412. Helen Keller National Center Act. Sec. 413. President's Committee on Employment of People With Disabilities. Sec. 414. Conforming amendments. TITLE V—GENERAL PROVISIONS Sec. 501. State unified plan. Sec. 502. [Repealed]. Sec. 503. [Repealed]. Sec. 504. Privacy. Sec. 505. Buy-American requirements. Sec. 506. [Repealed]. Sec. 507. Effective date. . V AMENDMENTS TO THE REHABILITATION ACT OF 1973 501. Findings Section 2(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 701(a) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period and inserting ; and ; and (3) by adding at the end the following: (7) there is a substantial need to improve and expand services for students with disabilities under this Act. . 502. Rehabilitation services administration (a) Rehabilitation services administration The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is amended— (1) in section 3(a) ( 29 U.S.C. 702(a) )— (A) by striking Office of the Secretary and inserting Department of Education ; (B) by striking President by and with the advice and consent of the Senate and inserting Secretary ; and (C) by striking , and the Commissioner shall be the principal officer, ; (2) by striking Commissioner each place it appears (except in section 21) and inserting Director ; (3) in section 12(c) ( 29 U.S.C. 709 ), by striking Commissioner’s and inserting Director’s ; (4) in the heading for subparagraph (B) of section 100(d)(2), by striking commissioner and inserting director ; (5) in the heading for section 706, by striking commissioner and inserting director ; (6) in the heading for paragraph (3) of section 723(a), by striking commissioner and inserting director ; and (7) in section 21 ( 29 U.S.C. 718 )— (A) in subsection (b)(1)— (i) by striking Commissioner the first place it appears and inserting Director of the Rehabilitation Services Administration ; (ii) by striking (referred to in this subsection as the Director ) ; and (iii) by striking The Commissioner and the Director and inserting Both such Directors ; and (B) by striking the Commissioner and the Director each place it appears and inserting both such Directors . (b) Effective date; application The amendments made by subsection (a) shall— (1) take effect on the date of the enactment of this Act; and (2) apply with respect to the appointments of Directors of the Rehabilitation Services Administration made on or after the date of enactment of this Act, and the Directors so appointed. 503. Definitions Section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) is amended— (1) by redesignating paragraphs (35) through (39) as paragraphs (36) through (40), respectively; (2) in subparagraph (A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking paragraph (36)(C) and inserting paragraph (37)(C) ; and (3) by inserting after paragraph (34) the following: (35) (A) The term student with a disability means an individual with a disability who— (i) is not younger than 16 and not older than 21; (ii) has been determined to be eligible under section 102(a) for assistance under this title; and (iii) (I) is eligible for, and is receiving, special education under part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ); or (II) is an individual with a disability, for purposes of section 504. (B) The term students with disabilities means more than 1 student with a disability. . 504. State plan Section 101(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a) ) is amended— (1) in paragraph (10)(B) by striking on the eligible individuals and all that follows through section 136(d)(2) and inserting of information necessary to assess the State’s performance on the core indicators of performance described in section 136(b)(2)(A) ; (2) in paragraph (11)— (A) in subparagraph (D)(i), by inserting before the semicolon the following: , which may be provided using alternative means of meeting participation (such as video conferences and conference calls) ; and (B) by adding at the end the following: (G) Coordination with assistive technology programs The State plan shall include an assurance that the designated State unit and the lead agency or implementing entity responsible for carrying out duties under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ) have developed working relationships and coordinate their activities. ; (3) in paragraph (15)— (A) in subparagraph (A)— (i) in clause (i)— (I) in subclause (II), by striking and at the end; (II) in subclause (III), by adding and at the end; and (III) by adding at the end the following: (IV) students with disabilities, including their need for transition services; ; (ii) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (iii) by inserting after clause (i) the following: (ii) include an assessment of the transition services provided under this Act, and coordinated with transition services under the Individuals with Disabilities Education Act, as to those services meeting the needs of individuals with disabilities; ; and (B) in subparagraph (D)— (i) by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; and (ii) by inserting after clause (ii) the following: (iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to the receipt of vocational rehabilitation services under this title or to postsecondary education or employment; ; (4) in paragraph (22)— (A) by striking carrying out part B of title VI, including ; and (B) by striking that part to supplement funds made available under part B of ; (5) in paragraph (24)(A), by striking part A of title VI and inserting section 109A ; and (6) by adding at the end the following: (25) Collaboration with industry The State plan shall describe how the designated State agency will carry out the provisions of section 109A, including— (A) the criteria such agency will use to award grants under such section; and (B) how the activities carried out under such grants will be coordinated with other services provided under this title. (26) Services for students with disabilities The State plan shall provide an assurance satisfactory to the Secretary that the State— (A) has developed and implemented strategies to address the needs identified in the assessment described in paragraph (15), and achieve the goals and priorities identified by the State, to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis in accordance with paragraph (15); and (B) from funds reserved under section 110A, shall carry out programs or activities designed to improve and expand vocational rehabilitation services for students with disabilities that— (i) facilitate the transition of students with disabilities from the receipt of educational services in school, to the receipt of vocational rehabilitation services under this title, including, at a minimum, those services specified in the interagency agreement required in paragraph (11)(D); (ii) improve the achievement of post-school goals of students with disabilities, including improving the achievement through participation (as appropriate when career goals are discussed) in meetings regarding individualized education programs developed under section 614 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414 ); (iii) provide career guidance, career exploration services, job search skills and strategies, and technical assistance to students with disabilities; (iv) support the provision of training and technical assistance to State and local educational agencies and designated State agency personnel responsible for the planning and provision of services to students with disabilities; and (v) support outreach activities to students with disabilities who are eligible for, and need, services under this title. . 505. Scope of services Section 103 of the Rehabilitation Act of 1973 ( 29 U.S.C. 723 ) is amended— (1) in subsection (a), by striking paragraph (15) and inserting the following: (15) transition services for students with disabilities, that facilitate the achievement of the employment outcome identified in the individualized plan for employment, including services described in clauses (i) through (iii) of section 101(a)(26)(B); ; (2) in subsection (b), by striking paragraph (6) and inserting the following: (6) (A) (i) Consultation and technical assistance services to assist State and local educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment. (ii) Training and technical assistance described in section 101(a)(26)(B)(iv). (B) Services for groups of individuals with disabilities who meet the requirements of clauses (i) and (iii) of section 7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of section 101(a)(26)(B), to assist in the transition from school to post-school activities. ; and (3) in subsection (b) by inserting at the end, the following: (7) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 ) to promote access to assistive technology for individuals with disabilities and employers. . 506. Standards and indicators Section 106 of the Rehabilitation Act of 1973 ( 29 U.S.C. 726(a) ) is amended— (1) by striking subsection (a) and inserting the following: (a) Standards and indicators The performance standards and indicators for the vocational rehabilitation program carried out under this title— (1) shall be subject to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act of 1998; and (2) may, at a State’s discretion, include additional indicators identified in the State plan submitted under section 101. ; and (2) in subsection (b)(2)(B), by striking clause (i) and inserting the following: (i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Director, direct the State to make revisions to the plan to improve performance; and . 507. Collaboration with industry The Rehabilitation Act of 1973 is amended by inserting after section 109 ( 29 U.S.C. 729 ) the following: 109A. Collaboration with industry (a) Authority A State shall use not less than one-half of one percent of the payment the State receives under section 111 for a fiscal year to award grants to eligible entities to create practical job and career readiness and training programs, and to provide job placements and career advancement. (b) Application To receive a grant under this section, an eligible entity shall submit an application to a designated State agency at such time, in such manner, and containing such information as such agency shall require. Such application shall include, at a minimum— (1) a plan for evaluating the effectiveness of the program; (2) a plan for collecting and reporting the data and information described under subparagraphs (A) through (C) of section 101(a)(10), as determined appropriate by the designated State agency; and (3) a plan for providing for the non-Federal share of the costs of the program. (c) Activities An eligible entity receiving a grant under this section shall use the grant funds to carry out a program that provides one or more of the following: (1) Job development, job placement, and career advancement services for individuals with disabilities. (2) Training in realistic work settings in order to prepare individuals with disabilities for employment and career advancement in the competitive market. (3) Providing individuals with disabilities with such support services as may be required in order to maintain the employment and career advancement for which the individuals have received training. (d) Awards Grants under this section shall— (1) be awarded for a period not to exceed 5 years; and (2) be awarded competitively. (e) Eligible entity defined For the purposes of this section, the term eligible entity means a for-profit business, alone or in partnership with one or more of the following: (1) Community rehabilitation program providers. (2) Indian tribes. (3) Tribal organizations. (f) Federal share The Federal share of a program under this section shall not exceed 80 percent of the costs of the program. (g) Eligibility for services An individual shall be eligible for services provided under a program under this section if the individual is determined under section 102(a)(1) to be eligible for assistance under this title. . 508. Reservation for expanded transition services The Rehabilitation Act of 1973 is amended by inserting after section 110 ( 29 U.S.C. 730 ) the following: 110A. Reservation for expanded transition services Each State shall reserve not less than 10 percent of the funds allotted to the State under section 110(a) to carry out programs and activities under sections 101(a)(26)(B) and 103(b)(6). . 509. Client assistance program Section 112(e)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 732(e)(1) ) is amended by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: (D) The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. The amount of such grants shall be the same as provided to territories under this subsection. . 510. Title III amendments Title III of the Rehabilitation Act of 1973 ( 29 U.S.C. 771 et seq. ) is amended— (1) in section 301(a)— (A) in paragraph (2), by inserting and at the end; (B) by striking paragraphs (3) and (4); and (C) by redesignating paragraph (5) as paragraph (3); (2) in section 302(g)— (A) in the heading, by striking And In-Service Training ; and (B) by striking paragraph (3); (3) in section 303(c)— (A) in paragraph (4)— (i) by amending subparagraph (A)(ii) to read as follows: (ii) to coordinate and work closely with the parent training and information centers established pursuant to section 671 of the Individuals with Disabilities Education Act, the community parent resource centers established pursuant to section 672 of such Act, and the eligible entities receiving awards under section 673 of such Act; and ; and (ii) in subparagraph (C), by inserting , and demonstrate the capacity for serving, after serve ; and (B) by adding at the end the following: (8) Reservation From the amount appropriated to carry out this subsection for a fiscal year, 20 percent of such amount or $500,000, whichever is less, shall be reserved to carry out paragraph (6). ; (4) by striking sections 304 and 305; and (5) by redesignating section 306 as section 304. 511. Repeal of title VI The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is amended by repealing title VI. 512. Chairperson Section 705(b)(5) of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d(b)(5) ) is amended to read as follows: (5) Chairperson The Council shall select a chairperson from among the voting membership of the Council. . 513. Authorizations of appropriations The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is further amended— (1) in section 100(b)(1) ( 29 U.S.C. 720(b)(1) ), by striking such sums as may be necessary for fiscal years 1999 through 2003 and inserting $3,121,712,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (2) in section 110(c) ( 29 U.S.C. 730(c) ), by amending paragraph (2) to read as follows: (2) The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1) for each of fiscal years 2014 through 2020. ; (3) in section 112(h) ( 29 U.S.C. 732(h) ) by striking such sums as may be necessary for fiscal years 1999 through 2003 and inserting $12,240,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (4) by amending subsection (a) of section 201 ( 29 U.S.C. 761(a) ) to read as follows: (a) There are authorized to be appropriated $108,817,000 for fiscal year 2014 and each of the 6 succeeding fiscal years to carry out this title. ; (5) in section 302(i) ( 29 U.S.C. 772(i) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $35,515,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (6) in section 303(e) ( 29 U.S.C. 773(e) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $5,325,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (7) in section 405 ( 29 U.S.C. 785 ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $3,258,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (8) in section 502(j) ( 29 U.S.C. 792(j) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $7,400,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (9) in section 509(l) ( 29 U.S.C. 794e(l) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $18,031,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (10) in section 714 ( 29 U.S.C. 796e–3 ), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $23,359,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (11) in section 727 ( 29 U.S.C. 796f–6 ), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $79,953,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; and (12) in section 753 ( 29 U.S.C. 7961 ), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $34,018,000 for fiscal year 2014 and each of the 6 succeeding fiscal years . 514. Conforming amendments Section 1(b) of the Rehabilitation Act of 1973 is amended— (1) by inserting after the item relating to section 109 the following: Sec. 109A. Collaboration with industry. ; (2) by inserting after the item relating to section 110 the following: Sec. 110A. Reservation for expanded transition services. ; (3) by striking the item related to section 304 and inserting the following: Sec. 304. Measuring of project outcomes and performance. ; (4) by striking the items related to sections 305 and 306; and (5) by striking the items related to title VI. VI Studies by the Comptroller General 601. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that— (1) evaluates the effectiveness of subparagraph (B) of section 134(d)(4) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(d)(4)(B) ) (as such subparagraph was in effect on the day before the date of enactment of this Act), including— (A) a review of the regulations and guidance issued by the Secretary of Labor to State and local areas on how to comply with such subparagraph; (B) a review of State policies to determine how local areas are required to comply with such subparagraph; (C) a review of local area policies to determine how one-stop operators are required to comply with such subparagraph; and (D) a review of a sampling of individuals receiving training services under section 134(d)(4) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(d)(4) ) to determine if, before receiving such training services, such individuals have exhausted funds received through the Federal Pell Grant program under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); and (2) makes appropriate recommendations with respect to the matters evaluated under paragraph (1). 602. Study by the Comptroller General on administrative cost savings (a) Study Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that— (1) determines the amount of administrative costs at the Federal and State levels for the most recent fiscal year for which satisfactory data are available for— (A) each of the programs authorized under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) or repealed under section 401 of this Act, as such programs were in effect for such fiscal year; and (B) each of the programs described in subparagraph (A) that have been repealed or consolidated on or after the date of enactment of this Act; (2) determines the amount of administrative cost savings at the Federal and State levels as a result of repealing and consolidating programs by calculating the differences in the amount of administrative costs between subparagraph (A) and subparagraph (B) of paragraph (1); and (3) estimates the administrative costs savings at the Federal and State levels for a fiscal year as a result of States consolidating funds under section 501(e) of the Workforce Investment Act of 1998 ( 20 U.S.C. 9271(e) ) to reduce inefficiencies in the administration of federally-funded State and local employment and training programs. (b) Definition For purposes of this section, the term administrative cost has the meaning given the term in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 ).
Passed the House of Representatives March 15, 2013. Karen L. Haas, Clerk. |
113-hr-803-enr-dtd | 113-hr-803 | 113 | hr | 803 | enr | bills | data/govinfo/BILLS/113/2/hr/BILLS-113hr803enr.xml | BILLS-113hr803enr.xml | 2023-01-07 01:04:01.563 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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HR 803 ENR: Workforce Innovation and Opportunity Act
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U.S. House of Representatives
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EN
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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I
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One Hundred Thirteenth Congress of the United States of America
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At the Second Session
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Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen
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H. R. 803
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AN ACT
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To amend the Workforce Investment Act of 1998 to strengthen the United States workforce development system through innovation in, and alignment and improvement of, employment, training, and education programs in the United States, and to promote individual and national economic growth, and for other purposes.
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1.
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Short title; table of contents
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(a)
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Short title
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This Act may be cited as the
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Workforce Innovation and Opportunity Act
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.
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(b)
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Table of contents
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The table of contents for this Act is as follows:
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<toc-entry idref="H1D8630B35FEB43FD8B7D690DE15C621C" level="section">
Sec. 1. Short title; table of contents.
</toc-entry>
<toc-entry idref="H583A5EAF0FA547D1A3B469A4C242EC92" level="section">
Sec. 2. Purposes.
</toc-entry>
<toc-entry idref="H418A9E6BA7B549CB8F61D8B9098D474D" level="section">
Sec. 3. Definitions.
</toc-entry>
<toc-entry level="title">
TITLE I—Workforce development activities
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—System alignment
</toc-entry>
<toc-entry level="chapter">
Chapter 1—State provisions
</toc-entry>
<toc-entry level="section">
Sec. 101. State workforce development boards.
</toc-entry>
<toc-entry level="section">
Sec. 102. Unified State plan.
</toc-entry>
<toc-entry level="section">
Sec. 103. Combined State plan.
</toc-entry>
<toc-entry level="chapter">
Chapter 2—Local provisions
</toc-entry>
<toc-entry level="section">
Sec. 106. Workforce development areas.
</toc-entry>
<toc-entry level="section">
Sec. 107. Local workforce development boards.
</toc-entry>
<toc-entry level="section">
Sec. 108. Local plan.
</toc-entry>
<toc-entry level="chapter">
Chapter 3—Board Provisions
</toc-entry>
<toc-entry level="section">
Sec. 111. Funding of State and local boards.
</toc-entry>
<toc-entry level="chapter">
Chapter 4—Performance accountability
</toc-entry>
<toc-entry level="section">
Sec. 116. Performance accountability system.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—Workforce investment activities and providers
</toc-entry>
<toc-entry level="chapter">
Chapter 1—Workforce investment activities and providers
</toc-entry>
<toc-entry level="section">
Sec. 121. Establishment of one-stop delivery systems.
</toc-entry>
<toc-entry level="section">
Sec. 122. Identification of eligible providers of training services.
</toc-entry>
<toc-entry level="section">
Sec. 123. Eligible providers of youth workforce investment activities.
</toc-entry>
<toc-entry level="chapter">
Chapter 2—Youth workforce investment activities
</toc-entry>
<toc-entry level="section">
Sec. 126. General authorization.
</toc-entry>
<toc-entry level="section">
Sec. 127. State allotments.
</toc-entry>
<toc-entry level="section">
Sec. 128. Within State allocations.
</toc-entry>
<toc-entry level="section">
Sec. 129. Use of funds for youth workforce investment activities.
</toc-entry>
<toc-entry level="chapter">
Chapter 3—Adult and dislocated worker employment and training activities
</toc-entry>
<toc-entry level="section">
Sec. 131. General authorization.
</toc-entry>
<toc-entry level="section">
Sec. 132. State allotments.
</toc-entry>
<toc-entry level="section">
Sec. 133. Within State allocations.
</toc-entry>
<toc-entry level="section">
Sec. 134. Use of funds for employment and training activities.
</toc-entry>
<toc-entry level="chapter">
Chapter 4—General workforce investment provisions
</toc-entry>
<toc-entry level="section">
Sec. 136. Authorization of appropriations.
</toc-entry>
</toc>
<toc>
<toc-entry level="subtitle">
Subtitle C—Job Corps
</toc-entry>
<toc-entry level="section">
Sec. 141. Purposes.
</toc-entry>
<toc-entry level="section">
Sec. 142. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 143. Establishment.
</toc-entry>
<toc-entry level="section">
Sec. 144. Individuals eligible for the Job Corps.
</toc-entry>
<toc-entry level="section">
Sec. 145. Recruitment, screening, selection, and assignment of enrollees.
</toc-entry>
<toc-entry level="section">
Sec. 146. Enrollment.
</toc-entry>
<toc-entry level="section">
Sec. 147. Job Corps centers.
</toc-entry>
<toc-entry level="section">
Sec. 148. Program activities.
</toc-entry>
<toc-entry level="section">
Sec. 149. Counseling and job placement.
</toc-entry>
<toc-entry level="section">
Sec. 150. Support.
</toc-entry>
<toc-entry level="section">
Sec. 151. Operations.
</toc-entry>
<toc-entry level="section">
Sec. 152. Standards of conduct.
</toc-entry>
<toc-entry level="section">
Sec. 153. Community participation.
</toc-entry>
<toc-entry level="section">
Sec. 154. Workforce councils.
</toc-entry>
<toc-entry level="section">
Sec. 155. Advisory committees.
</toc-entry>
<toc-entry level="section">
Sec. 156. Experimental projects and technical assistance.
</toc-entry>
<toc-entry level="section">
Sec. 157. Application of provisions of Federal law.
</toc-entry>
<toc-entry level="section">
Sec. 158. Special provisions.
</toc-entry>
<toc-entry level="section">
Sec. 159. Management information.
</toc-entry>
<toc-entry level="section">
Sec. 160. General provisions.
</toc-entry>
<toc-entry level="section">
Sec. 161. Job Corps oversight and reporting.
</toc-entry>
<toc-entry level="section">
Sec. 162. Authorization of appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—National programs
</toc-entry>
<toc-entry level="section">
Sec. 166. Native American programs.
</toc-entry>
<toc-entry level="section">
Sec. 167. Migrant and seasonal farmworker programs.
</toc-entry>
<toc-entry level="section">
Sec. 168. Technical assistance.
</toc-entry>
<toc-entry level="section">
Sec. 169. Evaluations and research.
</toc-entry>
<toc-entry level="section">
Sec. 170. National dislocated worker grants.
</toc-entry>
<toc-entry level="section">
Sec. 171. YouthBuild program.
</toc-entry>
<toc-entry level="section">
Sec. 172. Authorization of appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle E—Administration
</toc-entry>
<toc-entry level="section">
Sec. 181. Requirements and restrictions.
</toc-entry>
<toc-entry level="section">
Sec. 182. Prompt allocation of funds.
</toc-entry>
<toc-entry level="section">
Sec. 183. Monitoring.
</toc-entry>
<toc-entry level="section">
Sec. 184. Fiscal controls; sanctions.
</toc-entry>
<toc-entry level="section">
Sec. 185. Reports; recordkeeping; investigations.
</toc-entry>
<toc-entry level="section">
Sec. 186. Administrative adjudication.
</toc-entry>
<toc-entry level="section">
Sec. 187. Judicial review.
</toc-entry>
<toc-entry level="section">
Sec. 188. Nondiscrimination.
</toc-entry>
<toc-entry level="section">
Sec. 189. Secretarial administrative authorities and responsibilities.
</toc-entry>
<toc-entry level="section">
Sec. 190. Workforce flexibility plans.
</toc-entry>
<toc-entry level="section">
Sec. 191. State legislative authority.
</toc-entry>
<toc-entry level="section">
Sec. 192. Transfer of Federal equity in State employment security agency real property to the States.
</toc-entry>
<toc-entry level="section">
Sec. 193. Continuation of State activities and policies.
</toc-entry>
<toc-entry level="section">
Sec. 194. General program requirements.
</toc-entry>
<toc-entry level="section">
Sec. 195. Restrictions on lobbying activities.
</toc-entry>
<toc-entry level="title">
TITLE II—Adult education and literacy
</toc-entry>
<toc-entry level="section">
Sec. 201. Short title.
</toc-entry>
<toc-entry level="section">
Sec. 202. Purpose.
</toc-entry>
<toc-entry level="section">
Sec. 203. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 204. Home schools.
</toc-entry>
<toc-entry level="section">
Sec. 205. Rule of construction regarding postsecondary transition and concurrent enrollment activities.
</toc-entry>
<toc-entry level="section">
Sec. 206. Authorization of appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Federal provisions
</toc-entry>
<toc-entry level="section">
Sec. 211. Reservation of funds; grants to eligible agencies; allotments.
</toc-entry>
<toc-entry level="section">
Sec. 212. Performance accountability system.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—State provisions
</toc-entry>
<toc-entry level="section">
Sec. 221. State administration.
</toc-entry>
<toc-entry level="section">
Sec. 222. State distribution of funds; matching requirement.
</toc-entry>
<toc-entry level="section">
Sec. 223. State leadership activities.
</toc-entry>
<toc-entry level="section">
Sec. 224. State plan.
</toc-entry>
<toc-entry level="section">
Sec. 225. Programs for corrections education and other institutionalized individuals.
</toc-entry>
<toc-entry level="subtitle">
Subtitle C—Local provisions
</toc-entry>
<toc-entry level="section">
Sec. 231. Grants and contracts for eligible providers.
</toc-entry>
<toc-entry level="section">
Sec. 232. Local application.
</toc-entry>
<toc-entry level="section">
Sec. 233. Local administrative cost limits.
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—General provisions
</toc-entry>
<toc-entry level="section">
Sec. 241. Administrative provisions.
</toc-entry>
<toc-entry level="section">
Sec. 242. National leadership activities.
</toc-entry>
<toc-entry level="section">
Sec. 243. Integrated English literacy and civics education.
</toc-entry>
<toc-entry level="title">
TITLE III—Amendments to the Wagner-Peyser Act
</toc-entry>
<toc-entry level="section">
Sec. 301. Employment service offices.
</toc-entry>
<toc-entry level="section">
Sec. 302. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 303. Federal and State employment service offices.
</toc-entry>
<toc-entry level="section">
Sec. 304. Allotment of sums.
</toc-entry>
<toc-entry level="section">
Sec. 305. Use of sums.
</toc-entry>
<toc-entry level="section">
Sec. 306. State plan.
</toc-entry>
<toc-entry level="section">
Sec. 307. Performance measures.
</toc-entry>
<toc-entry level="section">
Sec. 308. Workforce and labor market information system.
</toc-entry>
<toc-entry level="title">
TITLE IV—Amendments to the Rehabilitation Act of 1973
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Introductory Provisions
</toc-entry>
<toc-entry level="section">
Sec. 401. References.
</toc-entry>
<toc-entry level="section">
Sec. 402. Findings, purpose, policy.
</toc-entry>
<toc-entry level="section">
Sec. 403. Rehabilitation Services Administration.
</toc-entry>
<toc-entry level="section">
Sec. 404. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 405. Administration of the Act.
</toc-entry>
<toc-entry level="section">
Sec. 406. Reports.
</toc-entry>
<toc-entry level="section">
Sec. 407. Evaluation and information.
</toc-entry>
<toc-entry level="section">
Sec. 408. Carryover.
</toc-entry>
<toc-entry level="section">
Sec. 409. Traditionally underserved populations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—Vocational rehabilitation services
</toc-entry>
<toc-entry level="section">
Sec. 411. Declaration of policy; authorization of appropriations.
</toc-entry>
<toc-entry level="section">
Sec. 412. State plans.
</toc-entry>
<toc-entry level="section">
Sec. 413. Eligibility and individualized plan for employment.
</toc-entry>
<toc-entry level="section">
Sec. 414. Vocational rehabilitation services.
</toc-entry>
<toc-entry level="section">
Sec. 415. State Rehabilitation Council.
</toc-entry>
<toc-entry level="section">
Sec. 416. Evaluation standards and performance indicators.
</toc-entry>
<toc-entry level="section">
Sec. 417. Monitoring and review.
</toc-entry>
<toc-entry level="section">
Sec. 418. Training and services for employers.
</toc-entry>
<toc-entry level="section">
Sec. 419. State allotments.
</toc-entry>
<toc-entry level="section">
Sec. 420. Payments to States.
</toc-entry>
<toc-entry level="section">
Sec. 421. Client assistance program.
</toc-entry>
<toc-entry level="section">
Sec. 422. Pre-employment transition services.
</toc-entry>
<toc-entry level="section">
Sec. 423. American Indian vocational rehabilitation services.
</toc-entry>
<toc-entry level="section">
Sec. 424. Vocational rehabilitation services client information.
</toc-entry>
<toc-entry level="subtitle">
Subtitle C—Research and Training
</toc-entry>
<toc-entry level="section">
Sec. 431. Purpose.
</toc-entry>
<toc-entry level="section">
Sec. 432. Authorization of appropriations.
</toc-entry>
<toc-entry level="section">
Sec. 433. National Institute on Disability, Independent Living, and Rehabilitation Research.
</toc-entry>
<toc-entry level="section">
Sec. 434. Interagency committee.
</toc-entry>
<toc-entry level="section">
Sec. 435. Research and other covered activities.
</toc-entry>
<toc-entry level="section">
Sec. 436. Disability, Independent Living, and Rehabilitation Research Advisory Council.
</toc-entry>
<toc-entry level="section">
Sec. 437. Definition of covered school.
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—Professional Development and Special Projects and Demonstration
</toc-entry>
<toc-entry level="section">
Sec. 441. Purpose; training.
</toc-entry>
<toc-entry level="section">
Sec. 442. Demonstration, training, and technical assistance programs.
</toc-entry>
<toc-entry level="section">
Sec. 443. Migrant and seasonal farmworkers; recreational programs.
</toc-entry>
<toc-entry level="subtitle">
Subtitle E—National Council on Disability
</toc-entry>
<toc-entry level="section">
Sec. 451. Establishment.
</toc-entry>
<toc-entry level="section">
Sec. 452. Report.
</toc-entry>
<toc-entry level="section">
Sec. 453. Authorization of appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle F—Rights and advocacy
</toc-entry>
<toc-entry level="section">
Sec. 456. Interagency Committee, Board, and Council.
</toc-entry>
<toc-entry level="section">
Sec. 457. Protection and advocacy of individual rights.
</toc-entry>
<toc-entry level="section">
Sec. 458. Limitations on use of subminimum wage.
</toc-entry>
<toc-entry level="subtitle">
Subtitle G—Employment Opportunities for Individuals With Disabilities
</toc-entry>
<toc-entry level="section">
Sec. 461. Employment opportunities for individuals with disabilities.
</toc-entry>
<toc-entry level="subtitle">
Subtitle H—Independent Living Services and Centers for Independent Living
</toc-entry>
<toc-entry level="chapter">
Chapter 1—Individuals with significant disabilities
</toc-entry>
<toc-entry level="subchapter">
SUBCHAPTER A—General provisions
</toc-entry>
<toc-entry level="section">
Sec. 471. Purpose.
</toc-entry>
<toc-entry level="section">
Sec. 472. Administration of the independent living program.
</toc-entry>
<toc-entry level="section">
Sec. 473. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 474. State plan.
</toc-entry>
<toc-entry level="section">
Sec. 475. Statewide Independent Living Council.
</toc-entry>
<toc-entry level="section">
Sec. 475A. Responsibilities of the Administrator.
</toc-entry>
<toc-entry level="subchapter">
SUBCHAPTER B—Independent living services
</toc-entry>
<toc-entry level="section">
Sec. 476. Administration.
</toc-entry>
<toc-entry level="subchapter">
SUBCHAPTER C—Centers for independent living
</toc-entry>
<toc-entry level="section">
Sec. 481. Program authorization.
</toc-entry>
<toc-entry level="section">
Sec. 482. Centers.
</toc-entry>
<toc-entry level="section">
Sec. 483. Standards and assurances.
</toc-entry>
<toc-entry level="section">
Sec. 484. Authorization of appropriations.
</toc-entry>
<toc-entry level="chapter">
Chapter 2—Independent Living Services for Older Individuals who are Blind
</toc-entry>
<toc-entry level="section">
Sec. 486. Independent living services for older individuals who are blind.
</toc-entry>
<toc-entry level="section">
Sec. 487. Program of grants.
</toc-entry>
<toc-entry level="section">
Sec. 488. Independent living services for older individuals who are blind authorization of appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle I—General provisions
</toc-entry>
<toc-entry level="section">
Sec. 491. Transfer of functions regarding independent living to Department of Health and Human Services, and savings provisions.
</toc-entry>
<toc-entry level="section">
Sec. 492. Table of contents.
</toc-entry>
<toc-entry level="title">
TITLE V—General provisions
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Workforce investment
</toc-entry>
<toc-entry level="section">
Sec. 501. Privacy.
</toc-entry>
<toc-entry level="section">
Sec. 502. Buy-American requirements.
</toc-entry>
<toc-entry level="section">
Sec. 503. Transition provisions.
</toc-entry>
<toc-entry level="section">
Sec. 504. Reduction of reporting burdens and requirements.
</toc-entry>
<toc-entry bold="off" level="section">
Sec. 505. Report on data capability of Federal and State databases and data exchange agreements.
</toc-entry>
<toc-entry level="section">
Sec. 506. Effective dates.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—Amendments to other laws
</toc-entry>
<toc-entry level="section">
Sec. 511. Repeal of the Workforce Investment Act of 1998.
</toc-entry>
<toc-entry level="section">
Sec. 512. Conforming amendments.
</toc-entry>
<toc-entry level="section">
Sec. 513. References.
</toc-entry>
</toc>
</subsection>
</section>
<section id="H583A5EAF0FA547D1A3B469A4C242EC92">
<enum>
2.
</enum>
<header>
Purposes
</header>
<text display-inline="no-display-inline">
The purposes of this Act are the following:
</text>
<paragraph id="HE4FDA492F30140B2A7F8B4F1F92B9D2E">
<enum>
(1)
</enum>
<text>
To increase, for individuals in the United States, particularly those individuals with barriers to employment, access to and opportunities for the employment, education, training, and support services they need to succeed in the labor market.
</text>
</paragraph>
<paragraph id="HDD917AFF0D2C4EC3BB5B7CA2100E7DAA">
<enum>
(2)
</enum>
<text>
To support the alignment of workforce investment, education, and economic development systems in support of a comprehensive, accessible, and high-quality workforce development system in the United States.
</text>
</paragraph>
<paragraph id="HFEFF67D19C1749A6A66077879578ECAF">
<enum>
(3)
</enum>
<text>
To improve the quality and labor market relevance of workforce investment, education, and economic development efforts to provide America's workers with the skills and credentials necessary to secure and advance in employment with family-sustaining wages and to provide America's employers with the skilled workers the employers need to succeed in a global economy.
</text>
</paragraph>
<paragraph id="H015EA78D7A3547F7908C138BCAACFA68">
<enum>
(4)
</enum>
<text>
To promote improvement in the structure of and delivery of services through the United States workforce development system to better address the employment and skill needs of workers, jobseekers, and employers.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HFE44FAB422A5405886EA9C6B9B0F3B14">
<enum>
(5)
</enum>
<text>
To increase the prosperity of workers and employers in the United States, the economic growth of communities, regions, and States, and the global competitiveness of the United States.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H84B4E5B78A08479DBC1B9BD763CC2276">
<enum>
(6)
</enum>
<text>
For purposes of subtitle A and B of title I, to provide workforce investment activities, through statewide and local workforce development systems, that increase the employment, retention, and earnings of participants, and increase attainment of recognized postsecondary credentials by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, increase economic self-sufficiency, meet the skill requirements of employers, and enhance the productivity and competitiveness of the Nation.
</text>
</paragraph>
</section>
<section id="H418A9E6BA7B549CB8F61D8B9098D474D">
<enum>
3.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act, and the core program provisions that are not in this Act, except as otherwise expressly provided:
</text>
<paragraph id="H4B0F0BAB7F76496D9A0AD1EB21090C78">
<enum>
(1)
</enum>
<header>
Administrative costs
</header>
<text>
The term
<term>
administrative costs
</term>
means expenditures incurred by State boards and local boards, direct recipients (including State grant recipients under subtitle B of title I and recipients of awards under subtitles C and D of title I), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under title I that are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and nonpersonnel costs and both direct and indirect costs.
</text>
</paragraph>
<paragraph id="H46809014AEF14E72AE191F45750E6248">
<enum>
(2)
</enum>
<header>
Adult
</header>
<text>
Except as otherwise specified in section 132, the term
<term>
adult
</term>
means an individual who is age 18 or older.
</text>
</paragraph>
<paragraph id="HFD5A6D899067400BABF658D90761BA4B">
<enum>
(3)
</enum>
<header>
Adult education; adult education and literacy activities
</header>
<text>
The terms
<term>
adult education
</term>
and
<term>
adult education and literacy activities
</term>
have the meanings given the terms in section 203.
</text>
</paragraph>
<paragraph id="H3888A63CD2F5463DA11DCD3542065B89">
<enum>
(4)
</enum>
<header>
Area career and technical education school
</header>
<text>
The term
<term>
area career and technical education school
</term>
has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2302">
20 U.S.C. 2302
</external-xref>
).
</text>
</paragraph>
<paragraph id="H1889D7BD76E74D78BF3F0C1C26B54888">
<enum>
(5)
</enum>
<header>
Basic skills deficient
</header>
<text>
The term
<term>
basic skills deficient
</term>
means, with respect to an individual—
</text>
<subparagraph id="H86E9AB23D4FE4943A3528E459E06C9A4">
<enum>
(A)
</enum>
<text>
who is a youth, that the individual has English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test; or
</text>
</subparagraph>
<subparagraph id="H3DECC2DC528D4444A7BE33AA3F4BA143">
<enum>
(B)
</enum>
<text>
who is a youth or adult, that the individual is unable to compute or solve problems, or read, write, or speak English, at a level necessary to function on the job, in the individual's family, or in society.
</text>
</subparagraph>
</paragraph>
<paragraph id="H321A8BFB19FB45E7AA8BEEE513A040C7">
<enum>
(6)
</enum>
<header>
Career and technical education
</header>
<text>
The term
<term>
career and technical education
</term>
has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2302">
20 U.S.C. 2302
</external-xref>
).
</text>
</paragraph>
<paragraph id="HE40DE162CA6B4E058A156D923BD38BBF">
<enum>
(7)
</enum>
<header>
Career pathway
</header>
<text>
The term
<term>
career pathway
</term>
means a combination of rigorous and high-quality education, training, and other services that—
</text>
<subparagraph id="H4D27259689EF4721A396C98FE865C93D">
<enum>
(A)
</enum>
<text>
aligns with the skill needs of industries in the economy of the State or regional economy involved;
</text>
</subparagraph>
<subparagraph id="H16CBD87AF2E1466BB9F8E258E580B514">
<enum>
(B)
</enum>
<text>
prepares an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the Act of August 16, 1937 (commonly known as the
<quote>
National Apprenticeship Act
</quote>
; 50 Stat. 664, chapter 663;
<external-xref legal-doc="usc" parsable-cite="usc/29/50">
29 U.S.C. 50 et seq.
</external-xref>
) (referred to individually in this Act as an
<quote>
apprenticeship
</quote>
, except in section 171);
</text>
</subparagraph>
<subparagraph id="H04B47ED528D149968ED982EEEF65572B">
<enum>
(C)
</enum>
<text>
includes counseling to support an individual in achieving the individual's education and career goals;
</text>
</subparagraph>
<subparagraph id="H5E6BCF01186A47558078ABC0E69FC3EA">
<enum>
(D)
</enum>
<text>
includes, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster;
</text>
</subparagraph>
<subparagraph id="H6D3AA50C9EAF447FBB12DE2758BBC1CD">
<enum>
(E)
</enum>
<text>
organizes education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable;
</text>
</subparagraph>
<subparagraph id="HF9D83C59140C47239B6AFB6B3730EDEE">
<enum>
(F)
</enum>
<text>
enables an individual to attain a secondary school diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; and
</text>
</subparagraph>
<subparagraph id="HC03FB3A3DFA44D57BDBE59695383A651">
<enum>
(G)
</enum>
<text>
helps an individual enter or advance within a specific occupation or occupational cluster.
</text>
</subparagraph>
</paragraph>
<paragraph id="H396652FEBAFE4A998EA022562EDA68D2">
<enum>
(8)
</enum>
<header>
Career planning
</header>
<text>
The term
<term>
career planning
</term>
means the provision of a client-centered approach in the delivery of services, designed—
</text>
<subparagraph id="H433E90F4890A4799813737A2F52A22FD">
<enum>
(A)
</enum>
<text>
to prepare and coordinate comprehensive employment plans, such as service strategies, for participants to ensure access to necessary workforce investment activities and supportive services, using, where feasible, computer-based technologies; and
</text>
</subparagraph>
<subparagraph id="HEC043E006ABA40AE911CEC5D6334EDA6">
<enum>
(B)
</enum>
<text>
to provide job, education, and career counseling, as appropriate during program participation and after job placement.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3627047F70B24A75A686D7674EAC42F8">
<enum>
(9)
</enum>
<header>
Chief elected official
</header>
<text>
The term
<term>
chief elected official
</term>
means—
</text>
<subparagraph id="H296179CED26B4E81B87B60F3E476E5F7">
<enum>
(A)
</enum>
<text>
the chief elected executive officer of a unit of general local government in a local area; and
</text>
</subparagraph>
<subparagraph id="H919495A545AE4333A507626DB4AFF147">
<enum>
(B)
</enum>
<text>
in a case in which a local area includes more than 1 unit of general local government, the individuals designated under the agreement described in section 107(c)(1)(B).
</text>
</subparagraph>
</paragraph>
<paragraph id="H618976433C6F4FD3A3CE5B7366C6DD09">
<enum>
(10)
</enum>
<header>
Community-based organization
</header>
<text>
The term
<term>
community-based organization
</term>
means a private nonprofit organization (which may include a faith-based organization), that is representative of a community or a significant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce development.
</text>
</paragraph>
<paragraph id="H58F4F2C61D6944559AC37CCF0F35B5BB">
<enum>
(11)
</enum>
<header>
Competitive integrated employment
</header>
<text>
The term
<term>
competitive integrated employment
</term>
has the meaning given the term in section 7 of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/705">
29 U.S.C. 705
</external-xref>
), for individuals with disabilities.
</text>
</paragraph>
<paragraph id="HF7E546D086424D828E786367A8D1C201">
<enum>
(12)
</enum>
<header>
Core program
</header>
<text>
The term
<term>
core programs
</term>
means a program authorized under a core program provision.
</text>
</paragraph>
<paragraph id="HE290BCF742264B60B35AC28F6BB983ED">
<enum>
(13)
</enum>
<header>
Core program provision
</header>
<text>
The term
<term>
core program provision
</term>
means—
</text>
<subparagraph id="H18A26767C7B74FEBB2FC9823F33CE59B">
<enum>
(A)
</enum>
<text>
chapters 2 and 3 of subtitle B of title I (relating to youth workforce investment activities and adult and dislocated worker employment and training activities);
</text>
</subparagraph>
<subparagraph id="HE9EBCBB983BA4EFC927EA1F3BCA9088F">
<enum>
(B)
</enum>
<text>
title II (relating to adult education and literacy activities);
</text>
</subparagraph>
<subparagraph id="H82F42E21DE15431F96FC971588658DE4">
<enum>
(C)
</enum>
<text>
sections 1 through 13 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) (relating to employment services); and
</text>
</subparagraph>
<subparagraph id="H4472E6C424734040AE737C4B5E9EF2F7">
<enum>
(D)
</enum>
<text>
title I of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
), other than section 112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741) (relating to vocational rehabilitation services).
</text>
</subparagraph>
</paragraph>
<paragraph id="H2360A32F61C947B4AAA77401C57DF6FA">
<enum>
(14)
</enum>
<header>
Customized training
</header>
<text>
The term
<term>
customized training
</term>
means training—
</text>
<subparagraph id="HB60F1B3CEE7346C1AFBD7A35AEC03ADD">
<enum>
(A)
</enum>
<text>
that is designed to meet the specific requirements of an employer (including a group of employers);
</text>
</subparagraph>
<subparagraph id="H3B2F8C95B1BA49BB987702579AD0D88F">
<enum>
(B)
</enum>
<text>
that is conducted with a commitment by the employer to employ an individual upon successful completion of the training; and
</text>
</subparagraph>
<subparagraph id="HBB1E940084844E438DB1E67854888237">
<enum>
(C)
</enum>
<text>
for which the employer pays—
</text>
<clause id="H2A02DC1162784C93A17A42BB48396CC4">
<enum>
(i)
</enum>
<text>
a significant portion of the cost of training, as determined by the local board involved, taking into account the size of the employer and such other factors as the local board determines to be appropriate, which may include the number of employees participating in training, wage and benefit levels of those employees (at present and anticipated upon completion of the training), relation of the training to the competitiveness of a participant, and other employer-provided training and advancement opportunities; and
</text>
</clause>
<clause id="H21967A1A9ED04EABB71BB949EDC01DC1">
<enum>
(ii)
</enum>
<text>
in the case of customized training (as defined in subparagraphs (A) and (B)) involving an employer located in multiple local areas in the State, a significant portion of the cost of the training, as determined by the Governor of the State, taking into account the size of the employer and such other factors as the Governor determines to be appropriate.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H7BE399CEFD7A4CAC994145B9E30772F6">
<enum>
(15)
</enum>
<header>
Dislocated worker
</header>
<text>
The term
<term>
dislocated worker
</term>
means an individual who—
</text>
<subparagraph id="H862474320323417A93E816FBAA4ED87E">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H9BA20C83813A439F934E1C17774358C3">
<enum>
(i)
</enum>
<text>
has been terminated or laid off, or who has received a notice of termination or layoff, from employment;
</text>
</clause>
<clause id="H474ECC116349499094A46C3513363AFE" indent="up1">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H15579529E0DB4EFC874FFC33259D1E1F">
<enum>
(I)
</enum>
<text>
is eligible for or has exhausted entitlement to unemployment compensation; or
</text>
</subclause>
<subclause id="H6E3805FD138943A3B0D5A08DBC6EB672" indent="up1">
<enum>
(II)
</enum>
<text>
has been employed for a duration sufficient to demonstrate, to the appropriate entity at a one-stop center referred to in section 121(e), attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a State unemployment compensation law; and
</text>
</subclause>
</clause>
<clause id="H6550F0AA29444E448BCC4BFA068A8772" indent="up1">
<enum>
(iii)
</enum>
<text>
is unlikely to return to a previous industry or occupation;
</text>
</clause>
</subparagraph>
<subparagraph id="H8989EA7173044963AE8225B2DF000920">
<enum>
(B)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H819B9881E37B4BAEAA933C2804020C7E">
<enum>
(i)
</enum>
<text>
has been terminated or laid off, or has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise;
</text>
</clause>
<clause id="H85362D3AC09848E4916C02A52AAF6959" indent="up1">
<enum>
(ii)
</enum>
<text>
is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days; or
</text>
</clause>
<clause id="H0B950D62815F446AB232261D55757320" indent="up1">
<enum>
(iii)
</enum>
<text>
for purposes of eligibility to receive services other than training services described in section 134(c)(3), career services described in section 134(c)(2)(A)(xii), or supportive services, is employed at a facility at which the employer has made a general announcement that such facility will close;
</text>
</clause>
</subparagraph>
<subparagraph id="H7488B3D6E7CC4AED8C45602989FDC02C">
<enum>
(C)
</enum>
<text>
was self-employed (including employment as a farmer, a rancher, or a fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters;
</text>
</subparagraph>
<subparagraph id="HC39012D435604436A3A9E2163E4ACDD0">
<enum>
(D)
</enum>
<text>
is a displaced homemaker; or
</text>
</subparagraph>
<subparagraph id="HD51EBEBCC33B4248BFBF6A0657BCDB4F">
<enum>
(E)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="HA617D3F127134D009076C924FAE8B312">
<enum>
(i)
</enum>
<text>
is the spouse of a member of the Armed Forces on active duty (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/10/101">
section 101(d)(1)
</external-xref>
of title 10, United States Code), and who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or
</text>
</clause>
<clause id="H5F99D838653F41FC897CDA51265030D8" indent="up1">
<enum>
(ii)
</enum>
<text>
is the spouse of a member of the Armed Forces on active duty and who meets the criteria described in paragraph (16)(B).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HBC2641E561C04B2593E67643CB38CB46">
<enum>
(16)
</enum>
<header>
Displaced homemaker
</header>
<text>
The term
<term>
displaced homemaker
</term>
means an individual who has been providing unpaid services to family members in the home and who—
</text>
<subparagraph id="H1B0CBA6538B24EC4A5E14889FC869C33">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H0AEC9DD3432D4591A54AA033E061FE5D">
<enum>
(i)
</enum>
<text>
has been dependent on the income of another family member but is no longer supported by that income; or
</text>
</clause>
<clause id="H9435146A0D664D378AD6F3AECAC45169" indent="up1">
<enum>
(ii)
</enum>
<text>
is the dependent spouse of a member of the Armed Forces on active duty (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/10/101">
section 101(d)(1)
</external-xref>
of title 10, United States Code) and whose family income is significantly reduced because of a deployment (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/10/991">
section 991(b)
</external-xref>
of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in
<external-xref legal-doc="usc" parsable-cite="usc/10/101">
section 101(a)(13)(B)
</external-xref>
of title 10, United States Code, a permanent change of station, or the service-connected (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/38/101">
section 101(16)
</external-xref>
of title 38, United States Code) death or disability of the member; and
</text>
</clause>
</subparagraph>
<subparagraph id="HCF0ABEF6AB2C477986D7FF46041F8C40">
<enum>
(B)
</enum>
<text>
is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1E3D5559775944C88B1F54376927FF5B">
<enum>
(17)
</enum>
<header>
Economic development agency
</header>
<text>
The term
<term>
economic development agency
</term>
includes a local planning or zoning commission or board, a community development agency, or another local agency or institution responsible for regulating, promoting, or assisting in local economic development.
</text>
</paragraph>
<paragraph id="HE66AEC74A27948A5B1F0559BF7A72747">
<enum>
(18)
</enum>
<header>
Eligible youth
</header>
<text>
Except as provided in subtitles C and D of title I, the term
<term>
eligible youth
</term>
means an in-school youth or out-of-school youth.
</text>
</paragraph>
<paragraph id="HCF65FC6F21254752AE386AB789101C01">
<enum>
(19)
</enum>
<header>
Employment and training activity
</header>
<text>
The term
<term>
employment and training activity
</term>
means an activity described in section 134 that is carried out for an adult or dislocated worker.
</text>
</paragraph>
<paragraph id="H1F8DFF47AC4B410C91A09096E629CD26">
<enum>
(20)
</enum>
<header>
English language acquisition program
</header>
<text>
The term
<term>
English language acquisition program
</term>
has the meaning given the term in section 203.
</text>
</paragraph>
<paragraph id="H4FA7D6E777074872B07A9B52B4D93EBE">
<enum>
(21)
</enum>
<header>
English language learner
</header>
<text>
The term
<term>
English language learner
</term>
has the meaning given the term in section 203.
</text>
</paragraph>
<paragraph commented="no" id="HB91E9F24BB6B4196950B1431AC30F849">
<enum>
(22)
</enum>
<header>
Governor
</header>
<text>
The term
<term>
Governor
</term>
means the chief executive of a State or an outlying area.
</text>
</paragraph>
<paragraph id="H816DB5A6CAC84382A6A9C64E3B8BD44D">
<enum>
(23)
</enum>
<header>
In-demand industry sector or occupation
</header>
<subparagraph id="HF39CB44678344DCF85F25255C259867A">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The term
<term>
in-demand industry sector or occupation
</term>
means—
</text>
<clause id="H4F64ACB7BC844044899055F21344F534">
<enum>
(i)
</enum>
<text>
an industry sector that has a substantial current or potential impact (including through jobs that lead to economic self-sufficiency and opportunities for advancement) on the State, regional, or local economy, as appropriate, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors; or
</text>
</clause>
<clause id="H1AB6C9BC6C824358B72E64EBF514A606">
<enum>
(ii)
</enum>
<text>
an occupation that currently has or is projected to have a number of positions (including positions that lead to economic self-sufficiency and opportunities for advancement) in an industry sector so as to have a significant impact on the State, regional, or local economy, as appropriate.
</text>
</clause>
</subparagraph>
<subparagraph id="HDDC2DF713E6B48CD982EF50E4B423F4C">
<enum>
(B)
</enum>
<header>
Determination
</header>
<text>
The determination of whether an industry sector or occupation is in-demand under this paragraph shall be made by the State board or local board, as appropriate, using State and regional business and labor market projections, including the use of labor market information.
</text>
</subparagraph>
</paragraph>
<paragraph id="H41113A27AB7044FBA1863B71FD6EE760">
<enum>
(24)
</enum>
<header>
Individual with a barrier to employment
</header>
<text>
The term
<term>
individual with a barrier to employment
</term>
means a member of 1 or more of the following populations:
</text>
<subparagraph id="HBF6FFFB3C95344CEB6284FCDB462164B">
<enum>
(A)
</enum>
<text>
Displaced homemakers.
</text>
</subparagraph>
<subparagraph id="H98AFF50EA0B7445FB6E8E54211FD2250">
<enum>
(B)
</enum>
<text>
Low-income individuals.
</text>
</subparagraph>
<subparagraph id="HA7BA7B7C1D714C68950CD786817E8A41">
<enum>
(C)
</enum>
<text>
Indians, Alaska Natives, and Native Hawaiians, as such terms are defined in section 166.
</text>
</subparagraph>
<subparagraph id="H94DAB936A7C94772906E867793C5E054">
<enum>
(D)
</enum>
<text>
Individuals with disabilities, including youth who are individuals with disabilities.
</text>
</subparagraph>
<subparagraph id="H8F951030F5FC420FB86AC056837DA66D">
<enum>
(E)
</enum>
<text>
Older individuals.
</text>
</subparagraph>
<subparagraph id="H2BA41BDF786F4058A43D19E3E7EE97ED">
<enum>
(F)
</enum>
<text>
Ex-offenders.
</text>
</subparagraph>
<subparagraph id="HFBD463A74510414DB8BDDD9FC1EA5B09">
<enum>
(G)
</enum>
<text>
Homeless individuals (as defined in section 41403(6) of the Violence Against Women Act of 1994 (
<external-xref legal-doc="usc" parsable-cite="usc/42/14043e-2">
42 U.S.C. 14043e–2(6)
</external-xref>
)), or homeless children and youths (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/11434a">
42 U.S.C. 11434a(2)
</external-xref>
)).
</text>
</subparagraph>
<subparagraph id="HE3FB5708A40B4A498CC988E2CCAC7BFC">
<enum>
(H)
</enum>
<text>
Youth who are in or have aged out of the foster care system.
</text>
</subparagraph>
<subparagraph id="HF6CD4D367376449C9753FD8317E000B4">
<enum>
(I)
</enum>
<text>
Individuals who are English language learners, individuals who have low levels of literacy, and individuals facing substantial cultural barriers.
</text>
</subparagraph>
<subparagraph id="HE027550489BD4754A1324D79B75D7211">
<enum>
(J)
</enum>
<text>
Eligible migrant and seasonal farmworkers, as defined in section 167(i).
</text>
</subparagraph>
<subparagraph id="H11953EAB4B244F90A0F100EE32502FEE">
<enum>
(K)
</enum>
<text>
Individuals within 2 years of exhausting lifetime eligibility under part A of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/601">
42 U.S.C. 601 et seq.
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="H17787CC93B4F4D51AA1B3D9CE81C7F75">
<enum>
(L)
</enum>
<text>
Single parents (including single pregnant women).
</text>
</subparagraph>
<subparagraph id="H4A2D5D7547154CFD9314E1FDDC012C61">
<enum>
(M)
</enum>
<text>
Long-term unemployed individuals.
</text>
</subparagraph>
<subparagraph id="H7A51679563C1448981F3C31F18309C30">
<enum>
(N)
</enum>
<text>
Such other groups as the Governor involved determines to have barriers to employment.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD7608602DB644F969A1A14637342455C">
<enum>
(25)
</enum>
<header>
Individual with a disability
</header>
<subparagraph id="HCC685A43C61F443CB8A9DDB0DD4AD52F">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The term
<term>
individual with a disability
</term>
means an individual with a disability as defined in section 3 of the Americans with Disabilities Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12102">
42 U.S.C. 12102
</external-xref>
).
</text>
</subparagraph>
<subparagraph commented="no" id="HD657E7E34E3E4E0DA3E7B25B24607363">
<enum>
(B)
</enum>
<header>
Individuals with disabilities
</header>
<text>
The term
<term>
individuals with disabilities
</term>
means more than 1 individual with a disability.
</text>
</subparagraph>
</paragraph>
<paragraph id="H400C258C045648BE981B5AEEDA7FDD1C">
<enum>
(26)
</enum>
<header>
Industry or sector partnership
</header>
<text>
The term
<term>
industry or sector partnership
</term>
means a workforce collaborative, convened by or acting in partnership with a State board or local board, that—
</text>
<subparagraph id="HAAB13D88F2D74A33AC25BBBD2EE4ABBD">
<enum>
(A)
</enum>
<text>
organizes key stakeholders in an industry cluster into a working group that focuses on the shared goals and human resources needs of the industry cluster and that includes, at the appropriate stage of development of the partnership—
</text>
<clause id="H503D23E69F4F478FB429EA38C3C71E55">
<enum>
(i)
</enum>
<text>
representatives of multiple businesses or other employers in the industry cluster, including small and medium-sized employers when practicable;
</text>
</clause>
<clause id="H3FB97000867A4CD89275D608C3FBF0F7">
<enum>
(ii)
</enum>
<text>
1 or more representatives of a recognized State labor organization or central labor council, or another labor representative, as appropriate; and
</text>
</clause>
<clause id="H90AE63160ADD4DEFB0C4D0E760BE16ED">
<enum>
(iii)
</enum>
<text>
1 or more representatives of an institution of higher education with, or another provider of, education or training programs that support the industry cluster; and
</text>
</clause>
</subparagraph>
<subparagraph id="H0533D62B8D094BDE81FD944FACF50A5D">
<enum>
(B)
</enum>
<text>
may include representatives of—
</text>
<clause id="H55722A7604E04E9D9B6D64C1ECE2991E">
<enum>
(i)
</enum>
<text>
State or local government;
</text>
</clause>
<clause id="HC60CB402C0094C679E7482D8FED642B5">
<enum>
(ii)
</enum>
<text>
State or local economic development agencies;
</text>
</clause>
<clause id="H0BD272F127B743FABCBEEF8E110F542B">
<enum>
(iii)
</enum>
<text>
State boards or local boards, as appropriate;
</text>
</clause>
<clause id="HBB622302EC9241CF992FBF247083D9C7">
<enum>
(iv)
</enum>
<text>
a State workforce agency or other entity providing employment services;
</text>
</clause>
<clause id="HC2116D6D341940DEB7157414C4DB109E">
<enum>
(v)
</enum>
<text>
other State or local agencies;
</text>
</clause>
<clause id="HA699EF9D9E9E4C139DC0D63F4798BB79">
<enum>
(vi)
</enum>
<text>
business or trade associations;
</text>
</clause>
<clause id="H475A9D8E0FF240C1A82A0A679918DD78">
<enum>
(vii)
</enum>
<text>
economic development organizations;
</text>
</clause>
<clause id="H697CD1DAB8574C2E83467309042EF3DE">
<enum>
(viii)
</enum>
<text>
nonprofit organizations, community-based organizations, or intermediaries;
</text>
</clause>
<clause id="HB7DFEFFF0DDD45BAB8635A713AD68E84">
<enum>
(ix)
</enum>
<text>
philanthropic organizations;
</text>
</clause>
<clause id="H6C445EAEC23141EFA4EA9F78C12A78AD">
<enum>
(x)
</enum>
<text>
industry associations; and
</text>
</clause>
<clause id="H9A31375CE71C4645873441F68CA068C8">
<enum>
(xi)
</enum>
<text>
other organizations, as determined to be necessary by the members comprising the industry or sector partnership.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H5381980B2FFD4E6989E98712E82994FF">
<enum>
(27)
</enum>
<header>
In-school youth
</header>
<text>
The term
<term>
in-school youth
</term>
means a youth described in section 129(a)(1)(C).
</text>
</paragraph>
<paragraph id="HDFFF56625C5A4A41A8B7C62533981EBA">
<enum>
(28)
</enum>
<header>
Institution of higher education
</header>
<text>
The term
<term>
institution of higher education
</term>
has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1001">
20 U.S.C. 1001
</external-xref>
, 1002(a)(1)).
</text>
</paragraph>
<paragraph id="H156EA459D35849539B0D4B4EF919C463">
<enum>
(29)
</enum>
<header>
Integrated education and training
</header>
<text>
The term
<term>
integrated education and training
</term>
has the meaning given the term in section 203.
</text>
</paragraph>
<paragraph id="H0695856330A94182BFBFA445753EC465">
<enum>
(30)
</enum>
<header>
Labor market area
</header>
<text>
The term
<term>
labor market area
</term>
means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence. Such an area shall be identified in accordance with criteria used by the Bureau of Labor Statistics of the Department of Labor in defining such areas or similar criteria established by a Governor.
</text>
</paragraph>
<paragraph id="H8C82596243EF4F30B7D7295732BE3FDC">
<enum>
(31)
</enum>
<header>
Literacy
</header>
<text>
The term
<term>
literacy
</term>
has the meaning given the term in section 203.
</text>
</paragraph>
<paragraph id="H06F2DF5EDCF14B52A786EEE5452AE141">
<enum>
(32)
</enum>
<header>
Local area
</header>
<text>
The term
<term>
local area
</term>
means a local workforce investment area designated under section 106, subject to sections 106(c)(3)(A), 107(c)(4)(B)(i), and 189(i).
</text>
</paragraph>
<paragraph id="HAC74F28C639C48B29E125E728CE17BC5">
<enum>
(33)
</enum>
<header>
Local board
</header>
<text>
The term
<term>
local board
</term>
means a local workforce development board established under section 107, subject to section 107(c)(4)(B)(i).
</text>
</paragraph>
<paragraph id="H23235DB96741422B91CEEB105428447C">
<enum>
(34)
</enum>
<header>
Local educational agency
</header>
<text>
The term
<term>
local educational agency
</term>
has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/7801">
20 U.S.C. 7801
</external-xref>
).
</text>
</paragraph>
<paragraph id="HABD2DEF69283454FAE55E482A351690F">
<enum>
(35)
</enum>
<header>
Local plan
</header>
<text>
The term
<term>
local plan
</term>
means a plan submitted under section 108, subject to section 106(c)(3)(B).
</text>
</paragraph>
<paragraph id="HA12A1FB6F5E24EEEAB6DFECAB48A4FB5">
<enum>
(36)
</enum>
<header>
Low-income individual
</header>
<subparagraph id="HA26D36CB35A5440DAA33B77F8E740FB5">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The term
<term>
low-income individual
</term>
means an individual who—
</text>
<clause id="H0A8BA715D8884A79BF8ECBDAAAD04CC4">
<enum>
(i)
</enum>
<text>
receives, or in the past 6 months has received, or is a member of a family that is receiving or in the past 6 months has received, assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2011">
7 U.S.C. 2011 et seq.
</external-xref>
), the program of block grants to States for temporary assistance for needy families program under part A of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/601">
42 U.S.C. 601 et seq.
</external-xref>
), or the supplemental security income program established under title XVI of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1381">
42 U.S.C. 1381 et seq.
</external-xref>
), or State or local income-based public assistance;
</text>
</clause>
<clause id="H196C22C4D3C3477990640A2AA9893A96">
<enum>
(ii)
</enum>
<text>
is in a family with total family income that does not exceed the higher of—
</text>
<subclause id="HCA2D689002024D169149357D02090CA6">
<enum>
(I)
</enum>
<text>
the poverty line; or
</text>
</subclause>
<subclause id="H06247F1788DE4B4BA0DF15ABE3FF4C94">
<enum>
(II)
</enum>
<text>
70 percent of the lower living standard income level;
</text>
</subclause>
</clause>
<clause id="H4147376F9D9947CDA6B9205381134DE0">
<enum>
(iii)
</enum>
<text>
is a homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 (
<external-xref legal-doc="usc" parsable-cite="usc/42/14043e-2">
42 U.S.C. 14043e–2(6)
</external-xref>
)), or a homeless child or youth (as defined under section 725(2) of the McKinney-Vento Homeless Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/11434a">
42 U.S.C. 11434a(2)
</external-xref>
));
</text>
</clause>
<clause id="HD4DDD535018F466F8F4FAB2FD2FA1446">
<enum>
(iv)
</enum>
<text>
receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1751">
42 U.S.C. 1751 et seq.
</external-xref>
);
</text>
</clause>
<clause id="H03978E0FFF714EEAA0D42972779B76E1">
<enum>
(v)
</enum>
<text>
is a foster child on behalf of whom State or local government payments are made; or
</text>
</clause>
<clause id="HE5D2EFDFEE664CE7971DACF5E6AB31D3">
<enum>
(vi)
</enum>
<text>
is an individual with a disability whose own income meets the income requirement of clause (ii), but who is a member of a family whose income does not meet this requirement.
</text>
</clause>
</subparagraph>
<subparagraph id="HDCCFBE8180624854964A6F4090941F93">
<enum>
(B)
</enum>
<header>
Lower living standard income level
</header>
<text>
The term
<term>
lower living standard income level
</term>
means that income level (adjusted for regional, metropolitan, urban, and rural differences and family size) determined annually by the Secretary of Labor based on the most recent lower living family budget issued by the Secretary.
</text>
</subparagraph>
</paragraph>
<paragraph id="HEDBF71A3266442E099E0F80068AA6535">
<enum>
(37)
</enum>
<header>
Nontraditional employment
</header>
<text>
The term
<term>
nontraditional employment
</term>
refers to occupations or fields of work, for which individuals from the gender involved comprise less than 25 percent of the individuals employed in each such occupation or field of work.
</text>
</paragraph>
<paragraph id="HF22B95243ED64CDDB753D80D576A12B2">
<enum>
(38)
</enum>
<header>
Offender
</header>
<text>
The term
<term>
offender
</term>
means an adult or juvenile—
</text>
<subparagraph id="HA41DECCD250546A5A9315027A4D37CDF">
<enum>
(A)
</enum>
<text>
who is or has been subject to any stage of the criminal justice process, and for whom services under this Act may be beneficial; or
</text>
</subparagraph>
<subparagraph id="H34D0635E1BD24006B4727EEB31C4A381">
<enum>
(B)
</enum>
<text>
who requires assistance in overcoming artificial barriers to employment resulting from a record of arrest or conviction.
</text>
</subparagraph>
</paragraph>
<paragraph id="H9DA42317C4584184B7A9BCF48B6583DE">
<enum>
(39)
</enum>
<header>
Older individual
</header>
<text>
The term
<term>
older individual
</term>
means an individual age 55 or older.
</text>
</paragraph>
<paragraph id="H0C531B3B2E0A4E32A908182984A6077D">
<enum>
(40)
</enum>
<header>
One-stop center
</header>
<text>
The term
<term>
one-stop center
</term>
means a site described in section 121(e)(2).
</text>
</paragraph>
<paragraph id="H0C4DB5C5D35C45448847095FA86C7EF8">
<enum>
(41)
</enum>
<header>
One-stop operator
</header>
<text>
The term
<term>
one-stop operator
</term>
means 1 or more entities designated or certified under section 121(d).
</text>
</paragraph>
<paragraph id="HF123C5028C6848F9A55F3D7B821D6B9E">
<enum>
(42)
</enum>
<header>
One-stop partner
</header>
<text>
The term
<term>
one-stop partner
</term>
means—
</text>
<subparagraph id="H6862A9A68B71403D953145F5F9A35BE0">
<enum>
(A)
</enum>
<text>
an entity described in section 121(b)(1); and
</text>
</subparagraph>
<subparagraph id="HA825128F49D2431086A8F5DB88C7B43D">
<enum>
(B)
</enum>
<text>
an entity described in section 121(b)(2) that is participating, with the approval of the local board and chief elected official, in the operation of a one-stop delivery system.
</text>
</subparagraph>
</paragraph>
<paragraph id="HEFBB1070D6B1489D859F472D8E6C4CD8">
<enum>
(43)
</enum>
<header>
One-stop partner program
</header>
<text>
The term
<term>
one-stop partner program
</term>
means a program or activities described in section 121(b) of a one-stop partner.
</text>
</paragraph>
<paragraph id="H62681ADAA42F4F1689B181C2BA8FF332">
<enum>
(44)
</enum>
<header>
On-the-job training
</header>
<text>
The term
<term>
on-the-job training
</term>
means training by an employer that is provided to a paid participant while engaged in productive work in a job that—
</text>
<subparagraph id="H0E8F93291780476A866C118D6C1AFC9F">
<enum>
(A)
</enum>
<text>
provides knowledge or skills essential to the full and adequate performance of the job;
</text>
</subparagraph>
<subparagraph id="H86553DDED33B4291BA62EAE6491088A0">
<enum>
(B)
</enum>
<text>
is made available through a program that provides reimbursement to the employer of up to 50 percent of the wage rate of the participant, except as provided in section 134(c)(3)(H), for the extraordinary costs of providing the training and additional supervision related to the training; and
</text>
</subparagraph>
<subparagraph id="H79D8710894854DEF97FDED83A54A0282">
<enum>
(C)
</enum>
<text>
is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="HC9C99015928B475D98CB738F1AE7D582">
<enum>
(45)
</enum>
<header>
Outlying area
</header>
<text>
The term
<term>
outlying area
</term>
means—
</text>
<subparagraph id="H278E600D53B84494BD8EF37865F01B7A">
<enum>
(A)
</enum>
<text>
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands; and
</text>
</subparagraph>
<subparagraph id="H53154ED630EF4467A096D030B16A499C">
<enum>
(B)
</enum>
<text>
the Republic of Palau, except during any period for which the Secretary of Labor and the Secretary of Education determine that a Compact of Free Association is in effect and contains provisions for training and education assistance prohibiting the assistance provided under this Act.
</text>
</subparagraph>
</paragraph>
<paragraph id="H376CABC6A64341FD906AFDEFC82524A1">
<enum>
(46)
</enum>
<header>
Out-of-school youth
</header>
<text>
The term
<term>
out-of-school youth
</term>
means a youth described in section 129(a)(1)(B).
</text>
</paragraph>
<paragraph id="HDD4E55344A8440409F4BF153AC480D36">
<enum>
(47)
</enum>
<header>
Pay-for-performance contract strategy
</header>
<text>
The term
<term>
pay-for-performance contract strategy
</term>
means a procurement strategy that uses pay-for-performance contracts in the provision of training services described in section 134(c)(3) or activities described in section 129(c)(2), and includes—
</text>
<subparagraph id="H533A2F34E3954699B48E52FF661C4D89">
<enum>
(A)
</enum>
<text>
contracts, each of which shall specify a fixed amount that will be paid to an eligible service provider (which may include a local or national community-based organization or intermediary, community college, or other training provider, that is eligible under section 122 or 123, as appropriate) based on the achievement of specified levels of performance on the primary indicators of performance described in section 116(b)(2)(A) for target populations as identified by the local board (including individuals with barriers to employment), within a defined timetable, and which may provide for bonus payments to such service provider to expand capacity to provide effective training;
</text>
</subparagraph>
<subparagraph id="H1FF0867E14804D6FBEC6530389CA5A30">
<enum>
(B)
</enum>
<text>
a strategy for independently validating the achievement of the performance described in subparagraph (A); and
</text>
</subparagraph>
<subparagraph id="HED128FDE345E4BF3BA9C9751AC0DA00F">
<enum>
(C)
</enum>
<text>
a description of how the State or local area will reallocate funds not paid to a provider because the achievement of the performance described in subparagraph (A) did not occur, for further activities related to such a procurement strategy, subject to section 189(g)(4).
</text>
</subparagraph>
</paragraph>
<paragraph id="H41DBE9C2E422419D9CDE7C908EAF15A7">
<enum>
(48)
</enum>
<header>
Planning region
</header>
<text>
The term
<term>
planning region
</term>
means a region described in subparagraph (B) or (C) of section 106(a)(2), subject to section 107(c)(4)(B)(i).
</text>
</paragraph>
<paragraph id="HC0B94B4EE581425F8D2C9B253F8D0FF1">
<enum>
(49)
</enum>
<header>
Poverty line
</header>
<text>
The term
<term>
poverty line
</term>
means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/9902">
42 U.S.C. 9902(2)
</external-xref>
)) applicable to a family of the size involved.
</text>
</paragraph>
<paragraph id="H8C3F8AED9A2147858907D78E85403470">
<enum>
(50)
</enum>
<header>
Public assistance
</header>
<text>
The term
<term>
public assistance
</term>
means Federal, State, or local government cash payments for which eligibility is determined by a needs or income test.
</text>
</paragraph>
<paragraph id="HCE3D6BC7A16D4E9BAC44507A05FAE79D">
<enum>
(51)
</enum>
<header>
Rapid response activity
</header>
<text>
The term
<term>
rapid response activity
</term>
means an activity provided by a State, or by an entity designated by a State, with funds provided by the State under section 134(a)(1)(A), in the case of a permanent closure or mass layoff at a plant, facility, or enterprise, or a natural or other disaster, that results in mass job dislocation, in order to assist dislocated workers in obtaining reemployment as soon as possible, with services including—
</text>
<subparagraph id="H066FA6111CF14A3E854734940080DC80">
<enum>
(A)
</enum>
<text>
the establishment of onsite contact with employers and employee representatives—
</text>
<clause id="H88ADCADC08C04875A4ECDCB4F44D0CD3">
<enum>
(i)
</enum>
<text>
immediately after the State is notified of a current or projected permanent closure or mass layoff; or
</text>
</clause>
<clause id="HE4255761401446219E75686819284F8A">
<enum>
(ii)
</enum>
<text>
in the case of a disaster, immediately after the State is made aware of mass job dislocation as a result of such disaster;
</text>
</clause>
</subparagraph>
<subparagraph id="HF40A0C7E5A4E48B79213002323628A8A">
<enum>
(B)
</enum>
<text>
the provision of information on and access to available employment and training activities;
</text>
</subparagraph>
<subparagraph id="H7758733E57B948B786F6EAA77A9F4376">
<enum>
(C)
</enum>
<text>
assistance in establishing a labor-management committee, voluntarily agreed to by labor and management, with the ability to devise and implement a strategy for assessing the employment and training needs of dislocated workers and obtaining services to meet such needs;
</text>
</subparagraph>
<subparagraph id="H37D975A4386E4D22B6F5F1006D31EAB7">
<enum>
(D)
</enum>
<text>
the provision of emergency assistance adapted to the particular closure, layoff, or disaster; and
</text>
</subparagraph>
<subparagraph id="HF69243944B894FF3946D4F61DAEF2C2A">
<enum>
(E)
</enum>
<text>
the provision of assistance to the local community in developing a coordinated response and in obtaining access to State economic development assistance.
</text>
</subparagraph>
</paragraph>
<paragraph id="H9E853F741BAC4A3F8EE9DFB36C3921D1">
<enum>
(52)
</enum>
<header>
Recognized postsecondary credential
</header>
<text>
The term
<term>
recognized postsecondary credential
</term>
means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree.
</text>
</paragraph>
<paragraph id="H178CBDA2FEC9443AAB537C0233FEBC12">
<enum>
(53)
</enum>
<header>
Region
</header>
<text>
The term
<term>
region
</term>
, used without further description, means a region identified under section 106(a), subject to section 107(c)(4)(B)(i) and except as provided in section 106(b)(1)(B)(ii).
</text>
</paragraph>
<paragraph id="HF408AD3AC5654B50A9C945D9AD34A027">
<enum>
(54)
</enum>
<header>
School dropout
</header>
<text>
The term
<term>
school dropout
</term>
means an individual who is no longer attending any school and who has not received a secondary school diploma or its recognized equivalent.
</text>
</paragraph>
<paragraph id="H002F8831359F40CEAE9BB114BD8F9D17">
<enum>
(55)
</enum>
<header>
Secondary school
</header>
<text>
The term
<term>
secondary school
</term>
has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/7801">
20 U.S.C. 7801
</external-xref>
).
</text>
</paragraph>
<paragraph id="HADE41337AA974087AB971D96A3F0D93B">
<enum>
(56)
</enum>
<header>
State
</header>
<text>
The term
<term>
State
</term>
means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
</text>
</paragraph>
<paragraph id="H5DD3322B2BA24B998B39FC27D554AEA9">
<enum>
(57)
</enum>
<header>
State board
</header>
<text>
The term
<term>
State board
</term>
means a State workforce development board established under section 101.
</text>
</paragraph>
<paragraph id="H349D1F72BFFE424FBF53E3409DC766F0">
<enum>
(58)
</enum>
<header>
State plan
</header>
<text>
The term
<term>
State plan
</term>
, used without further description, means a unified State plan under section 102 or a combined State plan under section 103.
</text>
</paragraph>
<paragraph id="H4419128E5BC244F3B26FA4796F974A87">
<enum>
(59)
</enum>
<header>
Supportive services
</header>
<text>
The term
<term>
supportive services
</term>
means services such as transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this Act.
</text>
</paragraph>
<paragraph id="H3803E42D7E4E40E484666B297FECA8EF">
<enum>
(60)
</enum>
<header>
Training services
</header>
<text>
The term
<term>
training services
</term>
means services described in section 134(c)(3).
</text>
</paragraph>
<paragraph id="H93177772588B4FCE8BF4E3B68A0B1ED0">
<enum>
(61)
</enum>
<header>
Unemployed individual
</header>
<text>
The term
<term>
unemployed individual
</term>
means an individual who is without a job and who wants and is available for work. The determination of whether an individual is without a job, for purposes of this paragraph, shall be made in accordance with the criteria used by the Bureau of Labor Statistics of the Department of Labor in defining individuals as unemployed.
</text>
</paragraph>
<paragraph id="HDFA5EDFA417740D5B051BCEFA5856BC9">
<enum>
(62)
</enum>
<header>
Unit of general local government
</header>
<text>
The term
<term>
unit of general local government
</term>
means any general purpose political subdivision of a State that has the power to levy taxes and spend funds, as well as general corporate and police powers.
</text>
</paragraph>
<paragraph id="HBF7BF67DC40D49AE8D3D450D011AE2FA">
<enum>
(63)
</enum>
<header>
Veteran; related definition
</header>
<subparagraph id="H58FEFE81BA3044BEB3FFF3064FDC2F2E">
<enum>
(A)
</enum>
<header>
Veteran
</header>
<text>
The term
<term>
veteran
</term>
has the meaning given the term in
<external-xref legal-doc="usc" parsable-cite="usc/38/101">
section 101
</external-xref>
of title 38, United States Code.
</text>
</subparagraph>
<subparagraph id="H2C56C243B8604CC1AB2CC37B93394CE1">
<enum>
(B)
</enum>
<header>
Recently separated veteran
</header>
<text>
The term
<term>
recently separated veteran
</term>
means any veteran who applies for participation under this Act within 48 months after the discharge or release from active military, naval, or air service.
</text>
</subparagraph>
</paragraph>
<paragraph id="H9BC426E487BF4F63A7FD98EAA82B375E">
<enum>
(64)
</enum>
<header>
Vocational rehabilitation program
</header>
<text>
The term
<term>
vocational rehabilitation program
</term>
means a program authorized under a provision covered under paragraph (13)(D).
</text>
</paragraph>
<paragraph commented="no" id="H053EDEC4881A4FF395B31902CDC9370A">
<enum>
(65)
</enum>
<header>
Workforce development activity
</header>
<text>
The term
<term>
workforce development activity
</term>
means an activity carried out through a workforce development program.
</text>
</paragraph>
<paragraph commented="no" id="H1A0705F0744D490CA5940504465F33D0">
<enum>
(66)
</enum>
<header>
Workforce development program
</header>
<text>
The term
<term>
workforce development program
</term>
means a program made available through a workforce development system.
</text>
</paragraph>
<paragraph id="H0D9FECF5DA8043BF93DF220531035397">
<enum>
(67)
</enum>
<header>
Workforce development system
</header>
<text>
The term
<term>
workforce development system
</term>
means a system that makes available the core programs, the other one-stop partner programs, and any other programs providing employment and training services as identified by a State board or local board.
</text>
</paragraph>
<paragraph id="H4E197B78006C439DAF7BEBF49BF1B94E">
<enum>
(68)
</enum>
<header>
Workforce investment activity
</header>
<text>
The term
<term>
workforce investment activity
</term>
means an employment and training activity, and a youth workforce investment activity.
</text>
</paragraph>
<paragraph id="H301B6B656AED4DCC85F35A383269A3A6">
<enum>
(69)
</enum>
<header>
Workforce preparation activities
</header>
<text>
The term
<term>
workforce preparation activities
</term>
has the meaning given the term in section 203.
</text>
</paragraph>
<paragraph id="HEFA39E24B4CB4D1F81178005D94B9023">
<enum>
(70)
</enum>
<header>
Workplace learning advisor
</header>
<text>
The term
<term>
workplace learning advisor
</term>
means an individual employed by an organization who has the knowledge and skills necessary to advise other employees of that organization about the education, skill development, job training, career counseling services, and credentials, including services provided through the workforce development system, required to progress toward career goals of such employees in order to meet employer requirements related to job openings and career advancements that support economic self-sufficiency.
</text>
</paragraph>
<paragraph id="H0327EA76FAD24C29B12245668A165EFA">
<enum>
(71)
</enum>
<header>
Youth workforce investment activity
</header>
<text>
The term
<term>
youth workforce investment activity
</term>
means an activity described in section 129 that is carried out for eligible youth (or as described in section 129(a)(3)(A)).
</text>
</paragraph>
</section>
<title id="HA3DC260826794FA2B3204F094561E9A8" style="OLC">
<enum>
I
</enum>
<header>
Workforce development activities
</header>
<subtitle id="H3D0D38AD5E0447C6BC55BF29F44E1D94">
<enum>
A
</enum>
<header>
System alignment
</header>
<chapter id="H99FF4E4C03B245BE81E29586C7A310FF">
<enum>
1
</enum>
<header>
State provisions
</header>
<section id="H0354B9076F31486596A9E02BCEE36C77">
<enum>
101.
</enum>
<header>
State workforce development boards
</header>
<subsection id="HC6CAC1F8FCCA4A939F47D7D53A66E945">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
The Governor of a State shall establish a State workforce development board to carry out the functions described in subsection (d).
</text>
</subsection>
<subsection id="H474F957AF1EE409CA77C6F13043C49F3">
<enum>
(b)
</enum>
<header>
Membership
</header>
<paragraph id="H7E59C6390ACC452985785F67BC7AFF10">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The State board shall include—
</text>
<subparagraph id="H296DD78A1E7845428F227C5F90A38BB6">
<enum>
(A)
</enum>
<text>
the Governor;
</text>
</subparagraph>
<subparagraph id="HA4E47C4580F04124A9204D5BB202D9A2">
<enum>
(B)
</enum>
<text>
a member of each chamber of the State legislature (to the extent consistent with State law), appointed by the appropriate presiding officers of such chamber; and
</text>
</subparagraph>
<subparagraph id="H99ED05CE06414622A1FEFB843E0A0A81">
<enum>
(C)
</enum>
<text>
members appointed by the Governor, of which—
</text>
<clause id="HDE4691F761BE403F8B89E4B4ABE460ED">
<enum>
(i)
</enum>
<text>
a majority shall be representatives of businesses in the State, who—
</text>
<subclause id="H13A1F284337C485D8EFFE6620052E282">
<enum>
(I)
</enum>
<text>
are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who, in addition, may be members of a local board described in section 107(b)(2)(A)(i);
</text>
</subclause>
<subclause id="HEEA9EFCBE37F48FF8C2B3479EDAF29DF">
<enum>
(II)
</enum>
<text>
represent businesses (including small businesses), or organizations representing businesses described in this subclause, that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the State; and
</text>
</subclause>
<subclause id="HBF5C2A389B3B4B4B865DEDBA6C6DFD6F">
<enum>
(III)
</enum>
<text>
are appointed from among individuals nominated by State business organizations and business trade associations;
</text>
</subclause>
</clause>
<clause id="H872931129D534A0F99C5BB3C8E2EF129">
<enum>
(ii)
</enum>
<text>
not less than 20 percent shall be representatives of the workforce within the State, who—
</text>
<subclause id="H7A03083EBE014EB2A26F3DA219D2B77E">
<enum>
(I)
</enum>
<text>
shall include representatives of labor organizations, who have been nominated by State labor federations;
</text>
</subclause>
<subclause id="H7E9027D227C747FA98D4501D50D24631">
<enum>
(II)
</enum>
<text>
shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the State, such a representative of an apprenticeship program in the State;
</text>
</subclause>
<subclause id="HC47D4129E2254FED9E44E7A96DFE5303">
<enum>
(III)
</enum>
<text>
may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive, integrated employment for individuals with disabilities; and
</text>
</subclause>
<subclause id="H70A0CF1FDFA64C949D65000A8512264B">
<enum>
(IV)
</enum>
<text>
may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth; and
</text>
</subclause>
</clause>
<clause id="HF6B999EDD26C442F8D1DDAA255ACBA06">
<enum>
(iii)
</enum>
<text>
the balance—
</text>
<subclause id="H49E44A0E53434BA4B054C31DDE0E539C">
<enum>
(I)
</enum>
<text>
shall include representatives of government, who—
</text>
<item id="HA3B95A05ADAA478895FFCCBFE5397718">
<enum>
(aa)
</enum>
<text>
shall include the lead State officials with primary responsibility for the core programs; and
</text>
</item>
<item id="H51E8338ADD31442689FE5A247DC5CCAA">
<enum>
(bb)
</enum>
<text>
shall include chief elected officials (collectively representing both cities and counties, where appropriate); and
</text>
</item>
</subclause>
<subclause id="HF2DFFE5ACB964635B1BC73F3C45299A7">
<enum>
(II)
</enum>
<text>
may include such other representatives and officials as the Governor may designate, such as—
</text>
<item id="H0985C52F984F40399605879C725A090E">
<enum>
(aa)
</enum>
<text>
the State agency officials from agencies that are one-stop partners not specified in subclause (I) (including additional one-stop partners whose programs are covered by the State plan, if any);
</text>
</item>
<item id="HED1EE98FF21F4BE1A723224F103E4CAA">
<enum>
(bb)
</enum>
<text>
State agency officials responsible for economic development or juvenile justice programs in the State;
</text>
</item>
<item id="HD83EA55AA0554344B94BD2FA122A02DE">
<enum>
(cc)
</enum>
<text>
individuals who represent an Indian tribe or tribal organization, as such terms are defined in section 166(b); and
</text>
</item>
<item id="H4A0F6EA399C748CE8E9B39BBFF3A3F04">
<enum>
(dd)
</enum>
<text>
State agency officials responsible for education programs in the State, including chief executive officers of community colleges and other institutions of higher education.
</text>
</item>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H051823E0958F4A32931786E194E85D49">
<enum>
(2)
</enum>
<header>
Diverse and distinct representation
</header>
<text>
The members of the State board shall represent diverse geographic areas of the State, including urban, rural, and suburban areas.
</text>
</paragraph>
<paragraph id="H3DB41361D9D041138068A78C4D1A1BE4">
<enum>
(3)
</enum>
<header>
No representation of multiple categories
</header>
<text>
No person shall serve as a member for more than 1 of—
</text>
<subparagraph id="H1C1BD49759724403AE49280507C8533B">
<enum>
(A)
</enum>
<text>
the category described in paragraph (1)(C)(i); or
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H7B0D6AE923E245689D4D9493B166E278">
<enum>
(B)
</enum>
<text>
1 category described in a subclause of clause (ii) or (iii) of paragraph (1)(C).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="HE678B5577F7844F296349C88FF13B761">
<enum>
(c)
</enum>
<header>
Chairperson
</header>
<text>
The Governor shall select a chairperson for the State board from among the representatives described in subsection (b)(1)(C)(i).
</text>
</subsection>
<subsection id="H619C725484FD428CB749255527215D3D">
<enum>
(d)
</enum>
<header>
Functions
</header>
<text>
The State board shall assist the Governor in—
</text>
<paragraph id="H031700946141426DA98515166D16B565">
<enum>
(1)
</enum>
<text>
the development, implementation, and modification of the State plan;
</text>
</paragraph>
<paragraph id="HF1EFB05AC6894C9D8B0B2EA90BF1A225">
<enum>
(2)
</enum>
<text>
consistent with paragraph (1), the review of statewide policies, of statewide programs, and of recommendations on actions that should be taken by the State to align workforce development programs in the State in a manner that supports a comprehensive and streamlined workforce development system in the State, including the review and provision of comments on the State plans, if any, for programs and activities of one-stop partners that are not core programs;
</text>
</paragraph>
<paragraph id="HC0DAD9AF3E2445CEABA07178432B9437">
<enum>
(3)
</enum>
<text>
the development and continuous improvement of the workforce development system in the State, including—
</text>
<subparagraph id="H06F2CB40D179471EBA6109442839C4C5">
<enum>
(A)
</enum>
<text>
the identification of barriers and means for removing barriers to better coordinate, align, and avoid duplication among the programs and activities carried out through the system;
</text>
</subparagraph>
<subparagraph id="H550B801D81084270A96E6F1B8F1AB3A4">
<enum>
(B)
</enum>
<text>
the development of strategies to support the use of career pathways for the purpose of providing individuals, including low-skilled adults, youth, and individuals with barriers to employment (including individuals with disabilities), with workforce investment activities, education, and supportive services to enter or retain employment;
</text>
</subparagraph>
<subparagraph id="H9689185A465C45FE92242AA345B63D08">
<enum>
(C)
</enum>
<text>
the development of strategies for providing effective outreach to and improved access for individuals and employers who could benefit from services provided through the workforce development system;
</text>
</subparagraph>
<subparagraph id="HB29BA74DA6194B268F39AAE9B7812648">
<enum>
(D)
</enum>
<text>
the development and expansion of strategies for meeting the needs of employers, workers, and jobseekers, particularly through industry or sector partnerships related to in-demand industry sectors and occupations;
</text>
</subparagraph>
<subparagraph id="H6DACF39A4B8844CDAC84B6F57A98D44B">
<enum>
(E)
</enum>
<text>
the identification of regions, including planning regions, for the purposes of section 106(a), and the designation of local areas under section 106, after consultation with local boards and chief elected officials;
</text>
</subparagraph>
<subparagraph id="H0E8900F7B589470190E049ED3F9F7191">
<enum>
(F)
</enum>
<text>
the development and continuous improvement of the one-stop delivery system in local areas, including providing assistance to local boards, one-stop operators, one-stop partners, and providers with planning and delivering services, including training services and supportive services, to support effective delivery of services to workers, jobseekers, and employers; and
</text>
</subparagraph>
<subparagraph id="H3E0E0E2535F8493795CA372EEE633E52">
<enum>
(G)
</enum>
<text>
the development of strategies to support staff training and awareness across programs supported under the workforce development system;
</text>
</subparagraph>
</paragraph>
<paragraph id="H69E39BDCCB6B4126AFEC182247856A27">
<enum>
(4)
</enum>
<text>
the development and updating of comprehensive State performance accountability measures, including State adjusted levels of performance, to assess the effectiveness of the core programs in the State as required under section 116(b);
</text>
</paragraph>
<paragraph id="H1148C403B6CC4089A7114EC67C7DCF3E">
<enum>
(5)
</enum>
<text>
the identification and dissemination of information on best practices, including best practices for—
</text>
<subparagraph id="H2D273F0A58F244ECA0844DF6B118C391">
<enum>
(A)
</enum>
<text>
the effective operation of one-stop centers, relating to the use of business outreach, partnerships, and service delivery strategies, including strategies for serving individuals with barriers to employment;
</text>
</subparagraph>
<subparagraph id="HF4E919A6F53B4A4E874AB12A05257765">
<enum>
(B)
</enum>
<text>
the development of effective local boards, which may include information on factors that contribute to enabling local boards to exceed negotiated local levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness; and
</text>
</subparagraph>
<subparagraph id="HF97AA50C17C945688758B42D79DB8248">
<enum>
(C)
</enum>
<text>
effective training programs that respond to real-time labor market analysis, that effectively use direct assessment and prior learning assessment to measure an individual's prior knowledge, skills, competencies, and experiences, and that evaluate such skills, and competencies for adaptability, to support efficient placement into employment or career pathways;
</text>
</subparagraph>
</paragraph>
<paragraph id="H8DBF0593988B4EFEBF2A13D7A88C0E95">
<enum>
(6)
</enum>
<text>
the development and review of statewide policies affecting the coordinated provision of services through the State’s one-stop delivery system described in section 121(e), including the development of—
</text>
<subparagraph id="HE8406CBD7D1F40E997AF006AF67B2FBF">
<enum>
(A)
</enum>
<text>
objective criteria and procedures for use by local boards in assessing the effectiveness and continuous improvement of one-stop centers described in such section;
</text>
</subparagraph>
<subparagraph id="H7A1E0D070FE24A388F06C5511E66E0EB">
<enum>
(B)
</enum>
<text>
guidance for the allocation of one-stop center infrastructure funds under section 121(h); and
</text>
</subparagraph>
<subparagraph id="H93449F35E5AC4805948A78879F74DB0F">
<enum>
(C)
</enum>
<text>
policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including approaches to facilitating equitable and efficient cost allocation in such system;
</text>
</subparagraph>
</paragraph>
<paragraph id="H7B5BF656AD4A4F7A956F01792B71C502">
<enum>
(7)
</enum>
<text>
the development of strategies for technological improvements to facilitate access to, and improve the quality of, services and activities provided through the one-stop delivery system, including such improvements to—
</text>
<subparagraph id="H630FD7F4A29E4B39B8AD80AB99678ABC">
<enum>
(A)
</enum>
<text>
enhance digital literacy skills (as defined in section 202 of the Museum and Library Services Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/9101">
20 U.S.C. 9101
</external-xref>
); referred to in this Act as
<quote>
digital literacy skills
</quote>
);
</text>
</subparagraph>
<subparagraph id="H495B20D3275D48F08741C1BF2E90F9DE">
<enum>
(B)
</enum>
<text>
accelerate the acquisition of skills and recognized postsecondary credentials by participants;
</text>
</subparagraph>
<subparagraph id="H2B9182EEAD8D4F76814AB458071373EC">
<enum>
(C)
</enum>
<text>
strengthen the professional development of providers and workforce professionals; and
</text>
</subparagraph>
<subparagraph id="H3B68777E2319469FB04B0BBAD0757C6A">
<enum>
(D)
</enum>
<text>
ensure such technology is accessible to individuals with disabilities and individuals residing in remote areas;
</text>
</subparagraph>
</paragraph>
<paragraph id="HD9E81F0AFD6247CA9955E56DE434FA30">
<enum>
(8)
</enum>
<text>
the development of strategies for aligning technology and data systems across one-stop partner programs to enhance service delivery and improve efficiencies in reporting on performance accountability measures (including the design and implementation of common intake, data collection, case management information, and performance accountability measurement and reporting processes and the incorporation of local input into such design and implementation, to improve coordination of services across one-stop partner programs);
</text>
</paragraph>
<paragraph id="H1BDD055AACD8431C890CFB69BB55D24D">
<enum>
(9)
</enum>
<text>
the development of allocation formulas for the distribution of funds for employment and training activities for adults, and youth workforce investment activities, to local areas as permitted under sections 128(b)(3) and 133(b)(3);
</text>
</paragraph>
<paragraph id="H48538D883A3247AFBEED77B8586A3BA5">
<enum>
(10)
</enum>
<text>
the preparation of the annual reports described in paragraphs (1) and (2) of section 116(d);
</text>
</paragraph>
<paragraph id="HCF3184C6335942A49C0675E0D02425F3">
<enum>
(11)
</enum>
<text>
the development of the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(e)
</external-xref>
); and
</text>
</paragraph>
<paragraph id="H9652EAD35DDB49A28C2764AA30C5B6F9">
<enum>
(12)
</enum>
<text>
the development of such other policies as may promote statewide objectives for, and enhance the performance of, the workforce development system in the State.
</text>
</paragraph>
</subsection>
<subsection id="HDE7F8D879DDD4E2598215F1BB2E3AB5D">
<enum>
(e)
</enum>
<header>
Alternative entity
</header>
<paragraph id="H7F774620DD37497B8397A7BB230E0648">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
For the purposes of complying with subsections (a), (b), and (c), a State may use any State entity (including a State council, State workforce development board (within the meaning of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act), combination of regional workforce development boards, or similar entity) that—
</text>
<subparagraph id="HBF9CA0D08AC04C3682FF63BDBACD4713">
<enum>
(A)
</enum>
<text>
was in existence on the day before the date of enactment of the Workforce Investment Act of 1998;
</text>
</subparagraph>
<subparagraph id="HCB7AA96082DC4C60963C4110CC37271F">
<enum>
(B)
</enum>
<text>
is substantially similar to the State board described in subsections (a) through (c); and
</text>
</subparagraph>
<subparagraph id="H55EF72F073A9424DA21A1510FDB26139">
<enum>
(C)
</enum>
<text>
includes representatives of business in the State and representatives of labor organizations in the State.
</text>
</subparagraph>
</paragraph>
<paragraph id="H23553F2A63F248A99E285265A926A032">
<enum>
(2)
</enum>
<header>
References
</header>
<text>
A reference in this Act, or a core program provision that is not in this Act, to a State board shall be considered to include such an entity.
</text>
</paragraph>
</subsection>
<subsection id="HAEF5A52713F242AB8248B0C1EA01F79A">
<enum>
(f)
</enum>
<header>
Conflict of interest
</header>
<text>
A member of a State board may not—
</text>
<paragraph id="HBACB7C55443E4227A3AA6FF0315E4B06">
<enum>
(1)
</enum>
<text>
vote on a matter under consideration by the State board—
</text>
<subparagraph id="H2A14FBA20D93494EB46531D9CC858625">
<enum>
(A)
</enum>
<text>
regarding the provision of services by such member (or by an entity that such member represents); or
</text>
</subparagraph>
<subparagraph id="HFBF9DD5F42434472A8309A76C0E6ECCB">
<enum>
(B)
</enum>
<text>
that would provide direct financial benefit to such member or the immediate family of such member; or
</text>
</subparagraph>
</paragraph>
<paragraph id="H86BF31CF4AC44DE188C8EA3D67DDD14D">
<enum>
(2)
</enum>
<text>
engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan.
</text>
</paragraph>
</subsection>
<subsection id="HD68951A2AFDE4C709435D252563B523E">
<enum>
(g)
</enum>
<header>
Sunshine provision
</header>
<text>
The State board shall make available to the public, on a regular basis through electronic means and open meetings, information regarding the activities of the State board, including information regarding the State plan, or a modification to the State plan, prior to submission of the plan or modification of the plan, respectively, information regarding membership, and, on request, minutes of formal meetings of the State board.
</text>
</subsection>
<subsection id="H9A130995AAFB402A898ABE278ABFBF19">
<enum>
(h)
</enum>
<header>
Authority To hire staff
</header>
<paragraph id="H07AA7FF5EFE749C18E847A51F41B0E4E">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The State board may hire a director and other staff to assist in carrying out the functions described in subsection (d) using funds available as described in section 129(b)(3) or 134(a)(3)(B)(i).
</text>
</paragraph>
<paragraph id="H1F9F7CB4B80C4CDE9CC3BD6CFEB516AD">
<enum>
(2)
</enum>
<header>
Qualifications
</header>
<text>
The State board shall establish and apply a set of objective qualifications for the position of director, that ensures that the individual selected has the requisite knowledge, skills, and abilities, to meet identified benchmarks and to assist in effectively carrying out the functions of the State board.
</text>
</paragraph>
<paragraph id="HE34F69CB8C83473D9E0AA2F9FABB8929">
<enum>
(3)
</enum>
<header>
Limitation on rate
</header>
<text>
The director and staff described in paragraph (1) shall be subject to the limitations on the payment of salary and bonuses described in section 194(15).
</text>
</paragraph>
</subsection>
</section>
<section id="H2A339EE9A4864F0580D5BBDE7B066C7C">
<enum>
102.
</enum>
<header>
Unified State plan
</header>
<subsection id="HF2881BB8D1FC48888FD4D1AEAD0F8278">
<enum>
(a)
</enum>
<header>
Plan
</header>
<text>
For a State to be eligible to receive allotments for the core programs, the Governor shall submit to the Secretary of Labor for the approval process described under subsection (c)(2), a unified State plan. The unified State plan shall outline a 4-year strategy for the core programs of the State and meet the requirements of this section.
</text>
</subsection>
<subsection id="H945E4C5C3E47496D8EEE5CE9AB6512EB">
<enum>
(b)
</enum>
<header>
Contents
</header>
<paragraph id="H549047DFF7984F6A90A37B40A60E055D">
<enum>
(1)
</enum>
<header>
Strategic planning elements
</header>
<text>
The unified State plan shall include strategic planning elements consisting of a strategic vision and goals for preparing an educated and skilled workforce, that include—
</text>
<subparagraph id="H403C91404132421AA4F37E42F4AE1481">
<enum>
(A)
</enum>
<text>
an analysis of the economic conditions in the State, including—
</text>
<clause id="H3A31C77850F2478D95F447E7551B5AD4">
<enum>
(i)
</enum>
<text>
existing and emerging in-demand industry sectors and occupations; and
</text>
</clause>
<clause id="HC0B3FF122E1740F28F8DF28C1CF12BCB">
<enum>
(ii)
</enum>
<text>
the employment needs of employers, including a description of the knowledge, skills, and abilities, needed in those industries and occupations;
</text>
</clause>
</subparagraph>
<subparagraph id="H6C8B4F056C3B47CCAFCF16894ED4B462">
<enum>
(B)
</enum>
<text>
an analysis of the current workforce, employment and unemployment data, labor market trends, and the educational and skill levels of the workforce, including individuals with barriers to employment (including individuals with disabilities), in the State;
</text>
</subparagraph>
<subparagraph id="H1815A0B05D944594AB8B9C656D0503FD">
<enum>
(C)
</enum>
<text>
an analysis of the workforce development activities (including education and training) in the State, including an analysis of the strengths and weaknesses of such activities, and the capacity of State entities to provide such activities, in order to address the identified education and skill needs of the workforce and the employment needs of employers in the State;
</text>
</subparagraph>
<subparagraph id="HCB9B301D1AF34D1BB6619C7ACA8E1F5B">
<enum>
(D)
</enum>
<text>
a description of the State’s strategic vision and goals for preparing an educated and skilled workforce (including preparing youth and individuals with barriers to employment) and for meeting the skilled workforce needs of employers, including goals relating to performance accountability measures based on primary indicators of performance described in section 116(b)(2)(A), in order to support economic growth and economic self-sufficiency, and of how the State will assess the overall effectiveness of the workforce investment system in the State; and
</text>
</subparagraph>
<subparagraph id="H3110321C28294DC4AE15E2F0B1546ADE">
<enum>
(E)
</enum>
<text>
taking into account analyses described in subparagraphs (A) through (C), a strategy for aligning the core programs, as well as other resources available to the State, to achieve the strategic vision and goals described in subparagraph (D).
</text>
</subparagraph>
</paragraph>
<paragraph id="H5FA1E629C4754A7E80123ED5F36F8A50">
<enum>
(2)
</enum>
<header>
Operational planning elements
</header>
<subparagraph id="HEA7493703B1F476383C1AA4FB94B163E">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The unified State plan shall include the operational planning elements contained in this paragraph, which shall support the strategy described in paragraph (1)(E), including a description of how the State board will implement the functions under section 101(d).
</text>
</subparagraph>
<subparagraph id="H290D9A7573D84B4AB03C8B8B283C8ACF">
<enum>
(B)
</enum>
<header>
Implementation of state strategy
</header>
<text>
The unified State plan shall describe how the lead State agency with responsibility for the administration of a core program will implement the strategy described in paragraph (1)(E), including a description of—
</text>
<clause id="H1763D289B6F947F7ACC24232E5891A64">
<enum>
(i)
</enum>
<text>
the activities that will be funded by the entities carrying out the respective core programs to implement the strategy and how such activities will be aligned across the programs and among the entities administering the programs, including using co-enrollment and other strategies;
</text>
</clause>
<clause id="H8356231E0B13455789C79A4B4B47AB8D">
<enum>
(ii)
</enum>
<text>
how the activities described in clause (i) will be aligned with activities provided under employment, training, education, including career and technical education, and human services programs not covered by the plan, as appropriate, assuring coordination of, and avoiding duplication among, the activities referred to in this clause;
</text>
</clause>
<clause id="HE2A94E015CA54339A6F91AADC50E3FBC">
<enum>
(iii)
</enum>
<text>
how the entities carrying out the respective core programs will coordinate activities and provide comprehensive, high-quality services including supportive services, to individuals;
</text>
</clause>
<clause id="HC8D2EF6AA1064A6A8B8ECF4192306A92">
<enum>
(iv)
</enum>
<text>
how the State’s strategy will engage the State’s community colleges and area career and technical education schools as partners in the workforce development system and enable the State to leverage other Federal, State, and local investments that have enhanced access to workforce development programs at those institutions;
</text>
</clause>
<clause id="H7BB651390A574EACA649E6846F687058">
<enum>
(v)
</enum>
<text>
how the activities described in clause (i) will be coordinated with economic development strategies and activities in the State; and
</text>
</clause>
<clause commented="no" id="H447795085AF44CF886A1F2784366EBE2">
<enum>
(vi)
</enum>
<text>
how the State's strategy will improve access to activities leading to a recognized postsecondary credential (including a credential that is an industry-recognized certificate or certification, portable, and stackable).
</text>
</clause>
</subparagraph>
<subparagraph id="H1B4E019589F34A4694CB7D390B9153B1">
<enum>
(C)
</enum>
<header>
State operating systems and policies
</header>
<text>
The unified State plan shall describe the State operating systems and policies that will support the implementation of the strategy described in paragraph (1)(E), including a description of—
</text>
<clause id="H61BE99AFC1624B958395EFF93F63AC86">
<enum>
(i)
</enum>
<text>
the State board, including the activities to assist members of the State board and the staff of such board in carrying out the functions of the State board effectively (but funds for such activities may not be used for long-distance travel expenses for training or development activities available locally or regionally);
</text>
</clause>
<clause id="H07FD873ACFF04F1E8913BFB0C8486056">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="HEE7D8BE4689C4366BA096F3939D09945">
<enum>
(I)
</enum>
<text>
how the respective core programs will be assessed each year, including an assessment of the quality, effectiveness, and improvement of programs (analyzed by local area, or by provider), based on State performance accountability measures described in section 116(b); and
</text>
</subclause>
<subclause id="HCFD28E1C2114406BB5E168D39E5AA49E" indent="up1">
<enum>
(II)
</enum>
<text>
how other one-stop partner programs will be assessed each year;
</text>
</subclause>
</clause>
<clause id="HCD28E2B6099A4277A307A32C01ABF147">
<enum>
(iii)
</enum>
<text>
the results of an assessment of the effectiveness of the core programs and other one-stop partner programs during the preceding 2-year period;
</text>
</clause>
<clause id="H872DA3AAA7324F7D95587C742D766DEE">
<enum>
(iv)
</enum>
<text>
the methods and factors the State will use in distributing funds under the core programs, in accordance with the provisions authorizing such distributions;
</text>
</clause>
<clause id="HA74D774A344C4AA5A8A877217307DDB1">
<enum>
(v)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H3FD92FAE7DFF4A0FAC9653F35E737BCC">
<enum>
(I)
</enum>
<text>
how the lead State agencies with responsibility for the administration of the core programs will align and integrate available workforce and education data on core programs, unemployment insurance programs, and education through postsecondary education;
</text>
</subclause>
<subclause id="H857B6C52EA71448EA298E3A3AB273294" indent="up1">
<enum>
(II)
</enum>
<text>
how such agencies will use the workforce development system to assess the progress of participants that are exiting from core programs in entering, persisting in, and completing postsecondary education, or entering or remaining in employment; and
</text>
</subclause>
<subclause id="HD6425FAC109D489890A2B6FCB99262DA" indent="up1">
<enum>
(III)
</enum>
<text>
the privacy safeguards incorporated in such system, including safeguards required by section 444 of the General Education Provisions Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1232g">
20 U.S.C. 1232g
</external-xref>
) and other applicable Federal laws;
</text>
</subclause>
</clause>
<clause id="H631D4AB6E5444326ABBB7ED8D099B058">
<enum>
(vi)
</enum>
<text>
how the State will implement the priority of service provisions for veterans in accordance with the requirements of
<external-xref legal-doc="usc" parsable-cite="usc/38/4215">
section 4215
</external-xref>
of title 38, United States Code;
</text>
</clause>
<clause id="H4F1E6C0DD45F42069528A39132F5217B">
<enum>
(vii)
</enum>
<text>
how the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12101">
42 U.S.C. 12101 et seq.
</external-xref>
), regarding the physical and programmatic accessibility of facilities, programs, services, technology, and materials, for individuals with disabilities, including complying through providing staff training and support for addressing the needs of individuals with disabilities; and
</text>
</clause>
<clause id="H97AC05F9C1594124AC45F5B0B0D6B29E">
<enum>
(viii)
</enum>
<text>
such other operational planning elements as the Secretary of Labor or the Secretary of Education, as appropriate, determines to be necessary for effective State operating systems and policies.
</text>
</clause>
</subparagraph>
<subparagraph id="H03FB136DD0784291B259ECA7B755E1F5">
<enum>
(D)
</enum>
<header>
Program-specific requirements
</header>
<text>
The unified State plan shall include—
</text>
<clause id="H59B1D89D6CAF4CAAB4C1F33FD615FDDA">
<enum>
(i)
</enum>
<text>
with respect to activities carried out under subtitle B, a description of—
</text>
<subclause id="H236D8BCB6A41463AB9F6B44EFA5E2989">
<enum>
(I)
</enum>
<text>
State policies or guidance, for the statewide workforce development system and for use of State funds for workforce investment activities;
</text>
</subclause>
<subclause id="H97621F02BE654F5BAEF9CD77ED8B4171">
<enum>
(II)
</enum>
<text>
the local areas designated in the State, including the process used for designating local areas, and the process used for identifying any planning regions under section 106(a), including a description of how the State consulted with the local boards and chief elected officials in determining the planning regions;
</text>
</subclause>
<subclause id="HA53CD35F451D46AFA16B587C8A697DBF">
<enum>
(III)
</enum>
<text>
the appeals process referred to in section 106(b)(5), relating to designation of local areas;
</text>
</subclause>
<subclause id="H118DC902C6B24F39A5D81CE4BC458561">
<enum>
(IV)
</enum>
<text>
the appeals process referred to in section 121(h)(2)(E), relating to determinations for infrastructure funding; and
</text>
</subclause>
<subclause id="H6D1A6FFC073D4966947ABACF91A05D74">
<enum>
(V)
</enum>
<text>
with respect to youth workforce investment activities authorized in section 129, information identifying the criteria to be used by local boards in awarding grants for youth workforce investment activities and describing how the local boards will take into consideration the ability of the providers to meet performance accountability measures based on primary indicators of performance for the youth program as described in section 116(b)(2)(A)(ii) in awarding such grants;
</text>
</subclause>
</clause>
<clause id="HCC0E33CFDF51435CAD77109AA54A652B">
<enum>
(ii)
</enum>
<text>
with respect to activities carried out under title II, a description of—
</text>
<subclause id="H810A8E5B75754546973B4CFD36A44A32">
<enum>
(I)
</enum>
<text>
how the eligible agency will, if applicable, align content standards for adult education with State-adopted challenging academic content standards, as adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/6311">
20 U.S.C. 6311(b)(1)
</external-xref>
);
</text>
</subclause>
<subclause id="HDE8623019A0D4887AD1FA86E454B253E">
<enum>
(II)
</enum>
<text>
how the State will fund local activities using considerations specified in section 231(e) for—
</text>
<item id="HA7354A73129348E9B4E24319185AD741">
<enum>
(aa)
</enum>
<text>
activities under section 231(b);
</text>
</item>
<item id="H0C446E5165AC41AEA076C5ADAC67B79F">
<enum>
(bb)
</enum>
<text>
programs for corrections education under section 225;
</text>
</item>
<item id="H3D93E2E74493437FADC6E85B789CEE19">
<enum>
(cc)
</enum>
<text>
programs for integrated English literacy and civics education under section 243; and
</text>
</item>
<item id="HAEE30B959D3742DFB4B78F70B1B9F23B">
<enum>
(dd)
</enum>
<text>
integrated education and training;
</text>
</item>
</subclause>
<subclause id="H410E024208764D82AAC7F1A315088531">
<enum>
(III)
</enum>
<text>
how the State will use the funds to carry out activities under section 223;
</text>
</subclause>
<subclause id="H809E1154A83345C490192945067DCFB3">
<enum>
(IV)
</enum>
<text>
how the State will use the funds to carry out activities under section 243;
</text>
</subclause>
<subclause id="H55E61C0482A2497CBA2D633486501944">
<enum>
(V)
</enum>
<text>
how the eligible agency will assess the quality of providers of adult education and literacy activities under title II and take actions to improve such quality, including providing the activities described in section 223(a)(1)(B);
</text>
</subclause>
</clause>
<clause id="HCC105E27D23B4106B1581B52A46EFE71">
<enum>
(iii)
</enum>
<text>
with respect to programs carried out under title I of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
), other than section 112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741), the information described in section 101(a) of that Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(a)
</external-xref>
); and
</text>
</clause>
<clause id="H5FB6046C86E244348F4D25002E5194CD">
<enum>
(iv)
</enum>
<text>
information on such additional specific requirements for a program referenced in any of clauses (i) through (iii) or the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) as the Secretary of Labor determines to be necessary to administer that program but cannot reasonably be applied across all such programs.
</text>
</clause>
</subparagraph>
<subparagraph id="HD65A871C8B8B4BB0A5948DB9C78EF517">
<enum>
(E)
</enum>
<header>
Assurances
</header>
<text>
The unified State plan shall include assurances—
</text>
<clause id="H48AA4DB327B5433B81578DBEB547FF1A">
<enum>
(i)
</enum>
<text>
that the State has established a policy identifying circumstances that may present a conflict of interest for a State board or local board member, or the entity or class of officials that the member represents, and procedures to resolve such conflicts;
</text>
</clause>
<clause id="HAF75EC17069E481BA0F4102596BDC528">
<enum>
(ii)
</enum>
<text>
that the State has established a policy to provide to the public (including individuals with disabilities) access to meetings of State boards and local boards, and information regarding activities of State boards and local boards, such as data on board membership and minutes;
</text>
</clause>
<clause id="HDB1D64810449478ABFB142C0CEDBCD8B">
<enum>
(iii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H546A04F00EF64820804B391D2BA71A31">
<enum>
(I)
</enum>
<text>
that the lead State agencies with responsibility for the administration of core programs reviewed and commented on the appropriate operational planning elements of the unified State plan, and approved the elements as serving the needs of the populations served by such programs; and
</text>
</subclause>
<subclause id="HD29121EC9D3141AC8992383B5E916D3A" indent="up1">
<enum>
(II)
</enum>
<text>
that the State obtained input into the development of the unified State plan and provided an opportunity for comment on the plan by representatives of local boards and chief elected officials, businesses, labor organizations, institutions of higher education, other primary stakeholders, and the general public and that the unified State plan is available and accessible to the general public;
</text>
</subclause>
</clause>
<clause id="H37186BC1CB6F49708B52DD60BF279BAE">
<enum>
(iv)
</enum>
<text>
that the State has established, in accordance with section 116(i), fiscal control and fund accounting procedures that may be necessary to ensure the proper disbursement of, and accounting for, funds paid to the State through allotments made for adult, dislocated worker, and youth programs to carry out workforce investment activities under chapters 2 and 3 of subtitle B;
</text>
</clause>
<clause id="H4F3ECC2B934D4424B19406C963C798B4">
<enum>
(v)
</enum>
<text>
that the State has taken appropriate action to secure compliance with uniform administrative requirements in this Act, including that the State will annually monitor local areas to ensure compliance and otherwise take appropriate action to secure compliance with the uniform administrative requirements under section 184(a)(3);
</text>
</clause>
<clause id="HA0E3DD20C23C438F94C15850C377C87E">
<enum>
(vi)
</enum>
<text>
that the State has taken the appropriate action to be in compliance with section 188, if applicable;
</text>
</clause>
<clause id="H6236B1221496498C9E8D33AB28DB7589">
<enum>
(vii)
</enum>
<text>
that the Federal funds received to carry out a core program will not be expended for any purpose other than for activities authorized with respect to such funds under that core program;
</text>
</clause>
<clause id="H51DBFA6C83234884B332425E0C3F8EC0">
<enum>
(viii)
</enum>
<text>
that the eligible agency under title II will—
</text>
<subclause id="HC8875829515740DAB6973D9C66947A2D">
<enum>
(I)
</enum>
<text>
expend the funds appropriated to carry out that title only in a manner consistent with fiscal requirements under section 241(a) (regarding supplement and not supplant provisions); and
</text>
</subclause>
<subclause id="HC29676CEAF5F4427B7CFA2DE83D67B79">
<enum>
(II)
</enum>
<text>
ensure that there is at least 1 eligible provider serving each local area;
</text>
</subclause>
</clause>
<clause id="H2D850D16591D499694DF47FC7F3A777D">
<enum>
(ix)
</enum>
<text>
that the State will pay an appropriate share (as defined by the State board) of the costs of carrying out section 116, from funds made available through each of the core programs; and
</text>
</clause>
<clause id="HB19E5944EEEE4E7C9DEE06943B561A77">
<enum>
(x)
</enum>
<text>
regarding such other matters as the Secretary of Labor or the Secretary of Education, as appropriate, determines to be necessary for the administration of the core programs.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H811BC8D5349B44428CA8F1B0F82893D8">
<enum>
(3)
</enum>
<header>
Existing analysis
</header>
<text>
As appropriate, a State may use an existing analysis in order to carry out the requirements of paragraph (1) concerning an analysis.
</text>
</paragraph>
</subsection>
<subsection id="HA40C673B8E5348D68920C531CB4344FC">
<enum>
(c)
</enum>
<header>
Plan submission and approval
</header>
<paragraph id="H04CC6B7B27404FB4A5965F5BD5051E83">
<enum>
(1)
</enum>
<header>
Submission
</header>
<subparagraph id="H4019DA34BD2B49BA8B13EA5C70DB183F">
<enum>
(A)
</enum>
<header>
Initial plan
</header>
<text>
The initial unified State plan under this section (after the date of enactment of the Workforce Innovation and Opportunity Act) shall be submitted to the Secretary of Labor not later than 120 days prior to the commencement of the second full program year after the date of enactment of this Act.
</text>
</subparagraph>
<subparagraph id="H94684D8F610C48C9A4EA83A6063A1B9F">
<enum>
(B)
</enum>
<header>
Subsequent plans
</header>
<text>
Except as provided in subparagraph (A), a unified State plan shall be submitted to the Secretary of Labor not later than 120 days prior to the end of the 4-year period covered by the preceding unified State plan.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCFE72953EE8E4AFD98C6216A7F9BC6D3">
<enum>
(2)
</enum>
<header>
Submission and approval
</header>
<subparagraph id="H3B7B05A860064A07A20F1D65D62A1988">
<enum>
(A)
</enum>
<header>
Submission
</header>
<text>
In approving a unified State plan under this section, the Secretary shall submit the portion of the unified State plan covering a program or activity to the head of the Federal agency that administers the program or activity for the approval of such portion by such head.
</text>
</subparagraph>
<subparagraph id="HCE42D605A7C14FEE9D5D1F3AB9B01114">
<enum>
(B)
</enum>
<header>
Approval
</header>
<text>
A unified State plan shall be subject to the approval of both the Secretary of Labor and the Secretary of Education, after approval of the Commissioner of the Rehabilitation Services Administration for the portion of the plan described in subsection (b)(2)(D)(iii). The plan shall be considered to be approved at the end of the 90-day period beginning on the day the plan is submitted, unless the Secretary of Labor or the Secretary of Education makes a written determination, during the 90-day period, that the plan is inconsistent with the provisions of this section or the provisions authorizing the core programs, as appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="H86F3CFE9ED6C4615857550D6F97C1E93">
<enum>
(3)
</enum>
<header>
Modifications
</header>
<subparagraph id="H951AAC4C62FB40C895CD1A2E2E95A8E6">
<enum>
(A)
</enum>
<header>
Modifications
</header>
<text>
At the end of the first 2-year period of any 4-year unified State plan, the State board shall review the unified State plan, and the Governor shall submit modifications to the plan to reflect changes in labor market and economic conditions or in other factors affecting the implementation of the unified State plan.
</text>
</subparagraph>
<subparagraph id="HAD3E3AE6657C483EACD495F9081866FA">
<enum>
(B)
</enum>
<header>
Approval
</header>
<text>
A modified unified State plan submitted for the review required under subparagraph (A) shall be subject to the approval requirements described in paragraph (2). A Governor may submit a modified unified State plan at such other times as the Governor determines to be appropriate, and such modified unified State plan shall also be subject to the approval requirements described in paragraph (2).
</text>
</subparagraph>
</paragraph>
<paragraph id="H2F82ED1CBF37455A83C4DEF3B2164D2A">
<enum>
(4)
</enum>
<header>
Early implementers
</header>
<text>
The Secretary of Labor, in conjunction with the Secretary of Education, shall establish a process for approving and may approve unified State plans that meet the requirements of this section and are submitted to cover periods commencing prior to the second full program year described in paragraph (1)(A).
</text>
</paragraph>
</subsection>
</section>
<section id="H65421523FF104CDFB92B60B32A391360">
<enum>
103.
</enum>
<header>
Combined State plan
</header>
<subsection id="H0C711693EF944A2B8529C8CFEDDAD5EA">
<enum>
(a)
</enum>
<header>
In general
</header>
<paragraph id="H90A216867D1842E488D4D92BD5221C57">
<enum>
(1)
</enum>
<header>
Authority To submit plan
</header>
<text>
A State may develop and submit to the appropriate Secretaries a combined State plan for the core programs and 1 or more of the programs and activities described in paragraph (2) in lieu of submitting 2 or more plans, for the programs and activities and the core programs.
</text>
</paragraph>
<paragraph id="HCB915350F84A4977AE1A5EAB706BD7E5">
<enum>
(2)
</enum>
<header>
Programs
</header>
<text>
The programs and activities referred to in paragraph (1) are as follows:
</text>
<subparagraph id="H04EB0D7F492A44498A2E0D14A8CF9179">
<enum>
(A)
</enum>
<text>
Career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2301">
20 U.S.C. 2301 et seq.
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="H5026D03EFA4E498D82BA4240615F958B">
<enum>
(B)
</enum>
<text>
Programs authorized under part A of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/601">
42 U.S.C. 601 et seq.
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="H4323B713924B4D1BB003AF2E640E6689">
<enum>
(C)
</enum>
<text>
Programs authorized under section 6(d)(4) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2015">
7 U.S.C. 2015(d)(4)
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="HB2AACE70C4054476AFDB7C0172CF74B8">
<enum>
(D)
</enum>
<text>
Work programs authorized under section 6(o) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2015">
7 U.S.C. 2015(o)
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="H2D24E0712CB048B1B3E33FAA9FC4F63E">
<enum>
(E)
</enum>
<text>
Activities authorized under chapter 2 of title II of the Trade Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/19/2271">
19 U.S.C. 2271 et seq.
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="H905D4566EF6541D58B92920DB2002434">
<enum>
(F)
</enum>
<text>
Activities authorized under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/41">
chapter 41
</external-xref>
of title 38, United States Code.
</text>
</subparagraph>
<subparagraph id="H67F32651628940EDA8DDAB01FA3B7440">
<enum>
(G)
</enum>
<text>
Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law).
</text>
</subparagraph>
<subparagraph id="H5ECE51913582496A84D5628CE425C937">
<enum>
(H)
</enum>
<text>
Programs authorized under title V of the Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056">
42 U.S.C. 3056 et seq.
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="HAB5BF9A22B0C4A43986D1C3F5D1B7A65">
<enum>
(I)
</enum>
<text>
Employment and training activities carried out by the Department of Housing and Urban Development.
</text>
</subparagraph>
<subparagraph id="H48BE8D85EA7C41909158FCF6BFB825FF">
<enum>
(J)
</enum>
<text>
Employment and training activities carried out under the Community Services Block Grant Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/9901">
42 U.S.C. 9901 et seq.
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="HF2ABC7A745964965BFED1BFD7687B4FE">
<enum>
(K)
</enum>
<text>
Programs authorized under section 212 of the Second Chance Act of 2007 (
<external-xref legal-doc="usc" parsable-cite="usc/42/17532">
42 U.S.C. 17532
</external-xref>
).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HBEA5DD372CDB4636B6BBC857C2122046">
<enum>
(b)
</enum>
<header>
Requirements
</header>
<paragraph id="H3D95766464EA48689A4D0324FA4E6DE3">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The portion of a combined plan covering the core programs shall be subject to the requirements of section 102 (including section 102(c)(3)). The portion of such plan covering a program or activity described in subsection (a)(2) shall be subject to the requirements, if any, applicable to a plan or application for assistance for that program or activity, under the Federal law authorizing the program or activity. At the election of the State, section 102(c)(3) may apply to that portion.
</text>
</paragraph>
<paragraph id="HB19610054BF2462FAD474E963AED04CA">
<enum>
(2)
</enum>
<header>
Additional submission not required
</header>
<text>
A State that submits a combined plan that is approved under subsection (c) shall not be required to submit any other plan or application in order to receive Federal funds to carry out the core programs or the program or activities described in subsection (a)(2) that are covered by the combined plan.
</text>
</paragraph>
<paragraph id="HA006BDC40A5446C5AF1197F5E9600E6F">
<enum>
(3)
</enum>
<header>
Coordination
</header>
<text>
A combined plan shall include—
</text>
<subparagraph id="HA67714EBBA9F4929927263783BCB7DE8">
<enum>
(A)
</enum>
<text>
a description of the methods used for joint planning and coordination of the core programs and the other programs and activities covered by the combined plan; and
</text>
</subparagraph>
<subparagraph id="H3317B9F9064D40D783D6D9BC35A7382B">
<enum>
(B)
</enum>
<text>
an assurance that the methods included an opportunity for the entities responsible for planning or administering the core programs and the other programs and activities to review and comment on all portions of the combined plan.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H01A72292B9564B899276F269C5864FD6">
<enum>
(c)
</enum>
<header>
Approval by the appropriate secretaries
</header>
<paragraph id="H12B67B2EEAC844069D782B5641BA5193">
<enum>
(1)
</enum>
<header>
Jurisdiction
</header>
<text>
The appropriate Secretary shall have the authority to approve the corresponding portion of a combined plan as described in subsection (d). On the approval of the appropriate Secretary, that portion of the combined plan, covering a program or activity, shall be implemented by the State pursuant to that portion of the combined plan, and the Federal law authorizing the program or activity.
</text>
</paragraph>
<paragraph id="H19187D58D8524A34B793A55BA08080ED">
<enum>
(2)
</enum>
<header>
Approval of core programs
</header>
<text>
No portion of the plan relating to a core program shall be implemented until the appropriate Secretary approves the corresponding portions of the plan for all core programs.
</text>
</paragraph>
<paragraph id="H0624186B0E5141B18216A0EAD0B3B025">
<enum>
(3)
</enum>
<header>
Timing of approval
</header>
<subparagraph id="H9D467CA350B646919E5F0462EF7A8EBF">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Except as provided in subparagraphs (B) and (C), a portion of the combined State plan covering the core programs or a program or activity described in subsection (a)(2) shall be considered to be approved by the appropriate Secretary at the end of the 90-day period beginning on the day the plan is submitted.
</text>
</subparagraph>
<subparagraph id="HB1EE459B80D6405384DB1481CC1BCE92">
<enum>
(B)
</enum>
<header>
Plan approved by 3 or more appropriate Secretaries
</header>
<text>
If an appropriate Secretary other than the Secretary of Labor or the Secretary of Education has authority to approve a portion of a combined plan, that portion of the combined plan shall be considered to be approved by the appropriate Secretary at the end of the 120-day period beginning on the day the plan is submitted.
</text>
</subparagraph>
<subparagraph id="H2AF44F9F36DF41759C4D2DC9D17B817C">
<enum>
(C)
</enum>
<header>
Disapproval
</header>
<text>
The portion shall not be considered to be approved if the appropriate Secretary makes a written determination, during the 90-day period (or the 120-day period, for an appropriate Secretary covered by subparagraph (B)), that the portion is not consistent with the requirements of the Federal law authorizing or applicable to the program or activity involved, including the criteria for approval of a plan or application, if any, under such law, or the plan is not consistent with the requirements of this section.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3DFC7BB12B244A6C8DADE30ACAA5199B">
<enum>
(4)
</enum>
<header>
Special rule
</header>
<text>
In paragraph (3), the term
<quote>
criteria for approval of a plan or application
</quote>
, with respect to a State and a core program or a program under the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2301">
20 U.S.C. 2301 et seq.
</external-xref>
), includes a requirement for agreement between the State and the appropriate Secretaries regarding State performance measures or State performance accountability measures, as the case may be, including levels of performance.
</text>
</paragraph>
</subsection>
<subsection id="HC9B1335964BC48EF95822C21E412C804">
<enum>
(d)
</enum>
<header>
Appropriate secretary
</header>
<text>
In this section, the term
<term>
appropriate Secretary
</term>
means—
</text>
<paragraph id="HA6B355874745494AA69846A5C8C1CE61">
<enum>
(1)
</enum>
<text>
with respect to the portion of a combined plan relating to any of the core programs (including a description, and an assurance concerning that program, specified in subsection (b)(3)), the Secretary of Labor and the Secretary of Education; and
</text>
</paragraph>
<paragraph id="H2F2386AB893A4056AED4D9825112F30B">
<enum>
(2)
</enum>
<text>
with respect to the portion of a combined plan relating to a program or activity described in subsection (a)(2) (including a description, and an assurance concerning that program or activity, specified in subsection (b)(3)), the head of the Federal agency who exercises plan or application approval authority for the program or activity under the Federal law authorizing the program or activity, or, if there are no planning or application requirements for such program or activity, exercises administrative authority over the program or activity under that Federal law.
</text>
</paragraph>
</subsection>
</section>
</chapter>
<chapter id="H067B74F9E6454F66AD8768E587C0E7B9">
<enum>
2
</enum>
<header>
Local provisions
</header>
<section id="HE43BFAA1DFB74C37AFA7C3458A81475D">
<enum>
106.
</enum>
<header>
Workforce development areas
</header>
<subsection id="H18AB4AC960B14308BD4079DCD50187F4">
<enum>
(a)
</enum>
<header>
Regions
</header>
<paragraph id="H2FB1EA858D6C4F85B20DD27DDCF4B5E0">
<enum>
(1)
</enum>
<header>
Identification
</header>
<text>
Before the second full program year after the date of enactment of this Act, in order for a State to receive an allotment under section 127(b) or 132(b) and as part of the process for developing the State plan, a State shall identify regions in the State after consultation with the local boards and chief elected officials in the local areas and consistent with the considerations described in subsection (b)(1)(B).
</text>
</paragraph>
<paragraph id="H8397FF1FAE8D403A80A1237C09423E69">
<enum>
(2)
</enum>
<header>
Types of regions
</header>
<text>
For purposes of this Act, the State shall identify—
</text>
<subparagraph id="H6CBC1D96D4A744B0BBE915BCD3134602">
<enum>
(A)
</enum>
<text>
which regions are comprised of 1 local area that is aligned with the region;
</text>
</subparagraph>
<subparagraph id="H3B4461FFAA7A4CAA9FF91BB9746966A8">
<enum>
(B)
</enum>
<text>
which regions are comprised of 2 or more local areas that are (collectively) aligned with the region (referred to as planning regions, consistent with section 3); and
</text>
</subparagraph>
<subparagraph id="H65F2A8D622074A058240F505E1E2FA7B">
<enum>
(C)
</enum>
<text>
which, of the regions described in subparagraph (B), are interstate areas contained within 2 or more States, and consist of labor market areas, economic development areas, or other appropriate contiguous subareas of those States.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H88718D7657294D68B6F60D35A1B6E2E7">
<enum>
(b)
</enum>
<header>
Local areas
</header>
<paragraph id="HB42F323A0A424FF3AD61362F752497E3">
<enum>
(1)
</enum>
<header>
In general
</header>
<subparagraph id="H1DCD28495F65499EA8BCF4A4E370ABAF">
<enum>
(A)
</enum>
<header>
Process
</header>
<text>
Except as provided in subsection (d), and consistent with paragraphs (2) and (3), in order for a State to receive an allotment under section 127(b) or 132(b), the Governor of the State shall designate local workforce development areas within the State—
</text>
<clause id="H7060A5085FC7447F86ED8ABD49A9A937">
<enum>
(i)
</enum>
<text>
through consultation with the State board; and
</text>
</clause>
<clause id="H0D4891983047427CBD03A01324122FD6">
<enum>
(ii)
</enum>
<text>
after consultation with chief elected officials and local boards, and after consideration of comments received through the public comment process as described in section 102(b)(2)(E)(iii)(II).
</text>
</clause>
</subparagraph>
<subparagraph id="H43B02388F4904F44924369BA380BCB59">
<enum>
(B)
</enum>
<header>
Considerations
</header>
<text>
The Governor shall designate local areas (except for those local areas described in paragraphs (2) and (3)) based on considerations consisting of the extent to which the areas—
</text>
<clause id="H308E0EE1DFCF4B41A6037562EC2C657E">
<enum>
(i)
</enum>
<text>
are consistent with labor market areas in the State;
</text>
</clause>
<clause id="H74F7F5FA10534FA2805814F542AFD948">
<enum>
(ii)
</enum>
<text>
are consistent with regional economic development areas in the State; and
</text>
</clause>
<clause id="H9688E6C246124D8C8B88DF6F41C8062F">
<enum>
(iii)
</enum>
<text>
have available the Federal and non-Federal resources necessary to effectively administer activities under subtitle B and other applicable provisions of this Act, including whether the areas have the appropriate education and training providers, such as institutions of higher education and area career and technical education schools.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H51207C2FADF04474A15B4C407721C8EC">
<enum>
(2)
</enum>
<header>
Initial designation
</header>
<text>
During the first 2 full program years following the date of enactment of this Act, the Governor shall approve a request for initial designation as a local area from any area that was designated as a local area for purposes of the Workforce Investment Act of 1998 for the 2-year period preceding the date of enactment of this Act, performed successfully, and sustained fiscal integrity.
</text>
</paragraph>
<paragraph id="HC924C87CC4674964B27D99CD0B050A74">
<enum>
(3)
</enum>
<header>
Subsequent designation
</header>
<text>
After the period for which a local area is initially designated under paragraph (2), the Governor shall approve a request for subsequent designation as a local area from such local area, if such area—
</text>
<subparagraph id="H05916E6DE8E34FBE99CAFEF12824DBCE">
<enum>
(A)
</enum>
<text>
performed successfully;
</text>
</subparagraph>
<subparagraph id="HAE3216B42D89426A8A3BFBE752A1C25A">
<enum>
(B)
</enum>
<text>
sustained fiscal integrity; and
</text>
</subparagraph>
<subparagraph id="HCF1287B8B46741AC85C756960F639B66">
<enum>
(C)
</enum>
<text>
in the case of a local area in a planning region, met the requirements described in subsection (c)(1).
</text>
</subparagraph>
</paragraph>
<paragraph id="H7046AE9288034DBAB12DD324C2C87CE1">
<enum>
(4)
</enum>
<header>
Designation on recommendation of State board
</header>
<text>
The Governor may approve a request from any unit of general local government (including a combination of such units) for designation of an area as a local area if the State board determines, based on the considerations described in paragraph (1)(B), and recommends to the Governor, that such area should be so designated.
</text>
</paragraph>
<paragraph id="HE6C7CD0F34E14A33BF4DC9C058A3C3E8">
<enum>
(5)
</enum>
<header>
Appeals
</header>
<text>
A unit of general local government (including a combination of such units) or grant recipient that requests but is not granted designation of an area as a local area under paragraph (2) or (3) may submit an appeal to the State board under an appeal process established in the State plan. If the appeal does not result in such a designation, the Secretary of Labor, after receiving a request for review from the unit or grant recipient and on determining that the unit or grant recipient was not accorded procedural rights under the appeals process described in the State plan, as specified in section 102(b)(2)(D)(i)(III), or that the area meets the requirements of paragraph (2) or (3), may require that the area be designated as a local area under such paragraph.
</text>
</paragraph>
<paragraph id="H2B2EEAAAE07143F18C5D1A9BA1C102CE">
<enum>
(6)
</enum>
<header>
Redesignation assistance
</header>
<text>
On the request of all of the local areas in a planning region, the State shall provide funding from funds made available under sections 128(a) and 133(a)(1) to assist the local areas in carrying out activities to facilitate the redesignation of the local areas to a single local area.
</text>
</paragraph>
</subsection>
<subsection id="H67EE34310E4D44C49C3B0320B62A11C0">
<enum>
(c)
</enum>
<header>
Regional coordination
</header>
<paragraph id="HC755EA257AD744BB872CD7CD52CDFBAA">
<enum>
(1)
</enum>
<header>
Regional planning
</header>
<text>
The local boards and chief elected officials in each planning region described in subparagraph (B) or (C) of subsection (a)(2) shall engage in a regional planning process that results in—
</text>
<subparagraph id="HFA9E1FB5E161418C9C2C26A444D33AB6">
<enum>
(A)
</enum>
<text>
the preparation of a regional plan, as described in paragraph (2);
</text>
</subparagraph>
<subparagraph id="H70E9066DF83B4B72BE1E9843749CE099">
<enum>
(B)
</enum>
<text>
the establishment of regional service strategies, including use of cooperative service delivery agreements;
</text>
</subparagraph>
<subparagraph id="H4AD2210833184F4195D2D4227565BEF3">
<enum>
(C)
</enum>
<text>
the development and implementation of sector initiatives for in-demand industry sectors or occupations for the region;
</text>
</subparagraph>
<subparagraph id="HEFF07DA9E3BA4C2281BF72B1D360BBEE">
<enum>
(D)
</enum>
<text>
the collection and analysis of regional labor market data (in conjunction with the State);
</text>
</subparagraph>
<subparagraph id="HC6C9AF0FF46E4143B6FCFF2B889594E6">
<enum>
(E)
</enum>
<text>
the establishment of administrative cost arrangements, including the pooling of funds for administrative costs, as appropriate, for the region;
</text>
</subparagraph>
<subparagraph id="H3022A59E4E114920B4B607675ADACA28">
<enum>
(F)
</enum>
<text>
the coordination of transportation and other supportive services, as appropriate, for the region;
</text>
</subparagraph>
<subparagraph id="H1AED060C9275421F9FF69ECD79837E1B">
<enum>
(G)
</enum>
<text>
the coordination of services with regional economic development services and providers; and
</text>
</subparagraph>
<subparagraph id="HC15DAC519DBB46188B41730153DDE9FC">
<enum>
(H)
</enum>
<text>
the establishment of an agreement concerning how the planning region will collectively negotiate and reach agreement with Governor on local levels of performance for, and report on, the performance accountability measures described in section 116(c), for local areas or the planning region.
</text>
</subparagraph>
</paragraph>
<paragraph id="H4E919C5E04E849DB81459D8E99B0E4E4">
<enum>
(2)
</enum>
<header>
Regional plans
</header>
<text>
The State, after consultation with local boards and chief elected officials for the planning regions, shall require the local boards and chief elected officials within a planning region to prepare, submit, and obtain approval of a single regional plan that includes a description of the activities described in paragraph (1) and that incorporates local plans for each of the local areas in the planning region. The State shall provide technical assistance and labor market data, as requested by local areas, to assist with such regional planning and subsequent service delivery efforts.
</text>
</paragraph>
<paragraph commented="no" id="HE3735170E19F49D0B64130C184D4FEC7">
<enum>
(3)
</enum>
<header>
References
</header>
<text>
In this Act, and the core program provisions that are not in this Act:
</text>
<subparagraph commented="no" id="HCDFEB6F43CDF472B88ACB27039D2D047">
<enum>
(A)
</enum>
<header>
Local area
</header>
<text>
Except as provided in section 101(d)(9), this section, paragraph (1)(B) or (4) of section 107(c), or section 107(d)(12)(B), or in any text that provides an accompanying provision specifically for a planning region, the term
<term>
local area
</term>
in a provision includes a reference to a planning region for purposes of implementation of that provision by the corresponding local areas in the region.
</text>
</subparagraph>
<subparagraph commented="no" id="H9A88CF84F1E24D02913857A1F63BC418">
<enum>
(B)
</enum>
<header>
Local plan
</header>
<text>
Except as provided in this subsection, the term
<term>
local plan
</term>
includes a reference to the portion of a regional plan developed with respect to the corresponding local area within the region, and any regionwide provision of that plan that impacts or relates to the local area.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HC5F6AB2270AD45809DF1D5DCFCACB06B">
<enum>
(d)
</enum>
<header>
Single state local areas
</header>
<paragraph id="HA7A9B6343060401F86869C605A7C19C4">
<enum>
(1)
</enum>
<header>
Continuation of previous designation
</header>
<text>
The Governor of any State that was a single State local area for purposes of title I of the Workforce Investment Act of 1998, as in effect on July 1, 2013, may designate the State as a single State local area for purposes of this title. In the case of such designation, the Governor shall identify the State as a local area in the State plan.
</text>
</paragraph>
<paragraph id="H99F5576721BB46A699ABD926DCE39559">
<enum>
(2)
</enum>
<header>
Effect on local plan and local functions
</header>
<text>
In any case in which a State is designated as a local area pursuant to this subsection, the local plan prepared under section 108 for the area shall be submitted for approval as part of the State plan. In such a State, the State board shall carry out the functions of a local board, as specified in this Act or the provisions authorizing a core program, but the State shall not be required to meet and report on a set of local performance accountability measures.
</text>
</paragraph>
</subsection>
<subsection id="H08A1FC54F0524021A60C0785AAACB2CA">
<enum>
(e)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
For purposes of this section:
</text>
<paragraph id="H8C9E7357194B48EC95C2329AE67368EF">
<enum>
(1)
</enum>
<header>
Performed successfully
</header>
<text>
The term
<term>
performed successfully
</term>
, used with respect to a local area, means the local area met or exceeded the adjusted levels of performance for primary indicators of performance described in section 116(b)(2)(A) (or, if applicable, core indicators of performance described in section 136(b)(2)(A) of the Workforce Investment Act of 1998, as in effect the day before the date of enactment of this Act) for each of the last 2 consecutive years for which data are available preceding the determination of performance under this paragraph.
</text>
</paragraph>
<paragraph id="H058495C8D185490BA71E5ECD3340C8B6">
<enum>
(2)
</enum>
<header>
Sustained fiscal integrity
</header>
<text>
The term
<term>
sustained fiscal integrity
</term>
, used with respect to a local area, means that the Secretary has not made a formal determination, during either of the last 2 consecutive years preceding the determination regarding such integrity, that either the grant recipient or the administrative entity of the area misexpended funds provided under subtitle B (or, if applicable, title I of the Workforce Investment Act of 1998 as in effect prior to the effective date of such subtitle B) due to willful disregard of the requirements of the provision involved, gross negligence, or failure to comply with accepted standards of administration.
</text>
</paragraph>
</subsection>
</section>
<section id="H3AAD1389A1D5428FBF4C8167317E36BA">
<enum>
107.
</enum>
<header>
Local workforce development boards
</header>
<subsection id="HB513A03150DC47438D7959EF2D7EF90B">
<enum>
(a)
</enum>
<header>
Establishment
</header>
<text>
Except as provided in subsection (c)(2)(A), there shall be established, and certified by the Governor of the State, a local workforce development board in each local area of a State to carry out the functions described in subsection (d) (and any functions specified for the local board under this Act or the provisions establishing a core program) for such area.
</text>
</subsection>
<subsection id="HFC8B15BED63F4A449CAFD423894E40E2">
<enum>
(b)
</enum>
<header>
Membership
</header>
<paragraph id="H6812B4DC6FA1475A9BAA8F1B6F48B6F5">
<enum>
(1)
</enum>
<header>
State criteria
</header>
<text>
The Governor, in partnership with the State board, shall establish criteria for use by chief elected officials in the local areas for appointment of members of the local boards in such local areas in accordance with the requirements of paragraph (2).
</text>
</paragraph>
<paragraph id="H7F1366705C85475A9FBF8A90D7601CAC">
<enum>
(2)
</enum>
<header>
Composition
</header>
<text>
Such criteria shall require that, at a minimum—
</text>
<subparagraph id="H1E490D6369D249AB9E14BBCF85B7883A">
<enum>
(A)
</enum>
<text>
a majority of the members of each local board shall be representatives of business in the local area, who—
</text>
<clause id="HD73A5CB76F7A4F6F8F9025F4730D03E1">
<enum>
(i)
</enum>
<text>
are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority;
</text>
</clause>
<clause id="HB1DF47481ED34D47B5424FDA4D7CD7F1">
<enum>
(ii)
</enum>
<text>
represent businesses, including small businesses, or organizations representing businesses described in this clause, that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the local area; and
</text>
</clause>
<clause id="H1BE0245CDE614612BB679C7050AFCEE0">
<enum>
(iii)
</enum>
<text>
are appointed from among individuals nominated by local business organizations and business trade associations;
</text>
</clause>
</subparagraph>
<subparagraph id="H1023308DB406495486D91797A0715FCF">
<enum>
(B)
</enum>
<text>
not less than 20 percent of the members of each local board shall be representatives of the workforce within the local area, who—
</text>
<clause id="H6A6421836D9B458A8CEA3979DDBC1DBB">
<enum>
(i)
</enum>
<text>
shall include representatives of labor organizations (for a local area in which employees are represented by labor organizations), who have been nominated by local labor federations, or (for a local area in which no employees are represented by such organizations) other representatives of employees;
</text>
</clause>
<clause id="H362AEC98FA724FEDB25524E7FD7D54FF">
<enum>
(ii)
</enum>
<text>
shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the area, such a representative of an apprenticeship program in the area, if such a program exists;
</text>
</clause>
<clause id="H81C0D33BE22349049195E402AF2BE501">
<enum>
(iii)
</enum>
<text>
may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities; and
</text>
</clause>
<clause id="H4B5A909EBCF24D769C50BDB55EB6296E">
<enum>
(iv)
</enum>
<text>
may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth;
</text>
</clause>
</subparagraph>
<subparagraph id="HEF76F7DFE1BE4FB79CBB1C898EDD6FA0">
<enum>
(C)
</enum>
<text>
each local board shall include representatives of entities administering education and training activities in the local area, who—
</text>
<clause id="HF7E75650810646E0B2A21945B4A4BF67">
<enum>
(i)
</enum>
<text>
shall include a representative of eligible providers administering adult education and literacy activities under title II;
</text>
</clause>
<clause id="H900CC71ABE1C48F7BACB50AFDA919618">
<enum>
(ii)
</enum>
<text>
shall include a representative of institutions of higher education providing workforce investment activities (including community colleges);
</text>
</clause>
<clause id="H4EAB242066F64FAFA09959FC556B79F9">
<enum>
(iii)
</enum>
<text>
may include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment;
</text>
</clause>
</subparagraph>
<subparagraph id="H4C6EE5BF0C034B109494B55162CAC892">
<enum>
(D)
</enum>
<text>
each local board shall include representatives of governmental and economic and community development entities serving the local area, who—
</text>
<clause id="H11872B36A7C6412D8B9C4CD447521081">
<enum>
(i)
</enum>
<text>
shall include a representative of economic and community development entities;
</text>
</clause>
<clause id="H4A91D2D7984B4555847F7E1735BC249B">
<enum>
(ii)
</enum>
<text>
shall include an appropriate representative from the State employment service office under the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) serving the local area;
</text>
</clause>
<clause id="H90B1B207AD894B728438D1B45B8831BD">
<enum>
(iii)
</enum>
<text>
shall include an appropriate representative of the programs carried out under title I of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
), other than section 112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741), serving the local area;
</text>
</clause>
<clause id="HB3660F2F543E4F07B41EFAF80C041CB6">
<enum>
(iv)
</enum>
<text>
may include representatives of agencies or entities administering programs serving the local area relating to transportation, housing, and public assistance; and
</text>
</clause>
<clause id="HF5EDCDF1D9DE43C1BA464AF8F6F8DC81">
<enum>
(v)
</enum>
<text>
may include representatives of philanthropic organizations serving the local area; and
</text>
</clause>
</subparagraph>
<subparagraph id="HDFE6421BFF2643CEB9116D08D1886FC1">
<enum>
(E)
</enum>
<text>
each local board may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="H99955F0955EE4C8598530868B3948E07">
<enum>
(3)
</enum>
<header>
Chairperson
</header>
<text>
The members of the local board shall elect a chairperson for the local board from among the representatives described in paragraph (2)(A).
</text>
</paragraph>
<paragraph id="H61C2E825EA71482DB210948DCDB3A868">
<enum>
(4)
</enum>
<header>
Standing committees
</header>
<subparagraph id="H12844F47925D403C8D8593789E9E055E">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The local board may designate and direct the activities of standing committees to provide information and to assist the local board in carrying out activities under this section. Such standing committees shall be chaired by a member of the local board, may include other members of the local board, and shall include other individuals appointed by the local board who are not members of the local board and who the local board determines have appropriate experience and expertise. At a minimum, the local board may designate each of the following:
</text>
<clause id="H96B26302924147E48DED9E05EDCAEABD">
<enum>
(i)
</enum>
<text>
A standing committee to provide information and assist with operational and other issues relating to the one-stop delivery system, which may include as members representatives of the one-stop partners.
</text>
</clause>
<clause id="H6B97491F0B9A4EF1876E3095BF6377CF">
<enum>
(ii)
</enum>
<text>
A standing committee to provide information and to assist with planning, operational, and other issues relating to the provision of services to youth, which shall include community-based organizations with a demonstrated record of success in serving eligible youth.
</text>
</clause>
<clause id="H42B78F68DDF74CEBAC88BD3C1BAE8B36">
<enum>
(iii)
</enum>
<text>
A standing committee to provide information and to assist with operational and other issues relating to the provision of services to individuals with disabilities, including issues relating to compliance with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12101">
42 U.S.C. 12101 et seq.
</external-xref>
) regarding providing programmatic and physical access to the services, programs, and activities of the one-stop delivery system, as well as appropriate training for staff on providing supports for or accommodations to, and finding employment opportunities for, individuals with disabilities.
</text>
</clause>
</subparagraph>
<subparagraph id="HACAA23CFD22747D7832766CCAE907530">
<enum>
(B)
</enum>
<header>
Additional committees
</header>
<text>
The local board may designate standing committees in addition to the standing committees specified in subparagraph (A).
</text>
</subparagraph>
<subparagraph id="H3361380D5BB64BFCB5FC231638946E59">
<enum>
(C)
</enum>
<header>
Designation of entity
</header>
<text>
Nothing in this paragraph shall be construed to prohibit the designation of an existing (as of the date of enactment of this Act) entity, such as an effective youth council, to fulfill the requirements of this paragraph as long as the entity meets the requirements of this paragraph.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1CDF3C14A1C542C4AD55D92285D27BBF">
<enum>
(5)
</enum>
<header>
Authority of board members
</header>
<text>
Members of the board that represent organizations, agencies, or other entities shall be individuals with optimum policymaking authority within the organizations, agencies, or entities. The members of the board shall represent diverse geographic areas within the local area.
</text>
</paragraph>
<paragraph id="H7466B23504F24D1BB5DE7A559AEBD0C7">
<enum>
(6)
</enum>
<header>
Special rule
</header>
<text>
If there are multiple eligible providers serving the local area by administering adult education and literacy activities under title II, or multiple institutions of higher education serving the local area by providing workforce investment activities, each representative on the local board described in clause (i) or (ii) of paragraph (2)(C), respectively, shall be appointed from among individuals nominated by local providers representing such providers or institutions, respectively.
</text>
</paragraph>
</subsection>
<subsection id="HED4F00564ACC48AAB6CE476A7BC664C0">
<enum>
(c)
</enum>
<header>
Appointment and certification of board
</header>
<paragraph id="H9BEFDE28D1634FFF8C6F35E135E77384">
<enum>
(1)
</enum>
<header>
Appointment of board members and assignment of responsibilities
</header>
<subparagraph id="HDDB48A84A1E24ED4A298C87AD38E7D78">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The chief elected official in a local area is authorized to appoint the members of the local board for such area, in accordance with the State criteria established under subsection (b).
</text>
</subparagraph>
<subparagraph id="HE56CA7034FE84D76875CA410E1361414">
<enum>
(B)
</enum>
<header>
Multiple units of local government in area
</header>
<clause id="HA525E1B1DF1F40CDACC3DFC55DA4461C">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
In a case in which a local area includes more than 1 unit of general local government, the chief elected officials of such units may execute an agreement that specifies the respective roles of the individual chief elected officials—
</text>
<subclause id="H2C070B1CE83D40218925F390C4C9398B">
<enum>
(I)
</enum>
<text>
in the appointment of the members of the local board from the individuals nominated or recommended to be such members in accordance with the criteria established under subsection (b); and
</text>
</subclause>
<subclause id="H4C98C392475947578DCE6BD7B825DB77">
<enum>
(II)
</enum>
<text>
in carrying out any other responsibilities assigned to such officials under this title.
</text>
</subclause>
</clause>
<clause id="H30562050129544259900E2CF87D01FC8">
<enum>
(ii)
</enum>
<header>
Lack of agreement
</header>
<text>
If, after a reasonable effort, the chief elected officials are unable to reach agreement as provided under clause (i), the Governor may appoint the members of the local board from individuals so nominated or recommended.
</text>
</clause>
</subparagraph>
<subparagraph id="H2FD23BC61AD047A6A3CECBFCD16F090C">
<enum>
(C)
</enum>
<header>
Concentrated employment programs
</header>
<text>
In the case of an area that was designated as a local area in accordance with section 116(a)(2)(B) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), and that remains a local area on that date, the governing body of the concentrated employment program involved shall act in consultation with the chief elected official in the local area to appoint members of the local board, in accordance with the State criteria established under subsection (b), and to carry out any other responsibility relating to workforce investment activities assigned to such official under this Act.
</text>
</subparagraph>
</paragraph>
<paragraph id="H051184F3445247E597844FF771269408">
<enum>
(2)
</enum>
<header>
Certification
</header>
<subparagraph id="H3F55170C4B5F4183861B561B56AA2059">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The Governor shall, once every 2 years, certify 1 local board for each local area in the State.
</text>
</subparagraph>
<subparagraph id="H481DFAFA6495435CA9550E0CB0CBEAC5">
<enum>
(B)
</enum>
<header>
Criteria
</header>
<text>
Such certification shall be based on criteria established under subsection (b), and for a second or subsequent certification, the extent to which the local board has ensured that workforce investment activities carried out in the local area have enabled the local area to meet the corresponding performance accountability measures and achieve sustained fiscal integrity, as defined in section 106(e)(2).
</text>
</subparagraph>
<subparagraph id="H0EFE4A59995941099CAB98CF6FE82A8E">
<enum>
(C)
</enum>
<header>
Failure to achieve certification
</header>
<text>
Failure of a local board to achieve certification shall result in appointment and certification of a new local board for the local area pursuant to the process described in paragraph (1) and this paragraph.
</text>
</subparagraph>
</paragraph>
<paragraph id="H29790F1D1D4946A0B2E23C211BA96051">
<enum>
(3)
</enum>
<header>
Decertification
</header>
<subparagraph id="H987F1057CB5D43E8B13035C482163FBC">
<enum>
(A)
</enum>
<header>
Fraud, abuse, failure to carry out functions
</header>
<text>
Notwithstanding paragraph (2), the Governor shall have the authority to decertify a local board at any time after providing notice and an opportunity for comment, for—
</text>
<clause id="H70253F96EAE44F9BA71EFD3B71CAF8F0">
<enum>
(i)
</enum>
<text>
fraud or abuse; or
</text>
</clause>
<clause id="HCEB605AE8896441A9E6BD7DF9EBC6DD0">
<enum>
(ii)
</enum>
<text>
failure to carry out the functions specified for the local board in subsection (d).
</text>
</clause>
</subparagraph>
<subparagraph id="H6D3013CEB00D4F0EB5E0C66DA933DC10">
<enum>
(B)
</enum>
<header>
Nonperformance
</header>
<text>
Notwithstanding paragraph (2), the Governor may decertify a local board if a local area fails to meet the local performance accountability measures for such local area in accordance with section 116(c) for 2 consecutive program years.
</text>
</subparagraph>
<subparagraph id="H12240C058EB7456294092EA7F652FFD1">
<enum>
(C)
</enum>
<header>
Reorganization plan
</header>
<text>
If the Governor decertifies a local board for a local area under subparagraph (A) or (B), the Governor may require that a new local board be appointed and certified for the local area pursuant to a reorganization plan developed by the Governor, in consultation with the chief elected official in the local area and in accordance with the criteria established under subsection (b).
</text>
</subparagraph>
</paragraph>
<paragraph id="H25C0A7686AB44D3CB55CBD9D2259C727">
<enum>
(4)
</enum>
<header>
Single state local area
</header>
<subparagraph id="HEE994011AF744600939979BCAD6672B5">
<enum>
(A)
</enum>
<header>
State board
</header>
<text>
Notwithstanding subsection (b) and paragraphs (1) and (2), if a State described in section 106(d) indicates in the State plan that the State will be treated as a single State local area, for purposes of the application of this Act or the provisions authorizing a core program, the State board shall carry out any of the functions of a local board under this Act or the provisions authorizing a core program, including the functions described in subsection (d).
</text>
</subparagraph>
<subparagraph commented="no" id="HF1FB0CEF26A94C189B68FC846E460BFE">
<enum>
(B)
</enum>
<header>
References
</header>
<clause commented="no" id="HDA190390367E414FABE7B528C8DABE90">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
Except as provided in clauses (ii) and (iii), with respect to such a State, a reference in this Act or a core program provision to a local board shall be considered to be a reference to the State board, and a reference in the Act or provision to a local area or region shall be considered to be a reference to the State.
</text>
</clause>
<clause commented="no" id="HA411472F06E6406AB0ECF99897B77B56">
<enum>
(ii)
</enum>
<header>
Plans
</header>
<text>
The State board shall prepare a local plan under section 108 for the State, and submit the plan for approval as part of the State plan.
</text>
</clause>
<clause commented="no" id="HC0B0036840C94BF5A1BA32001FC0DD99">
<enum>
(iii)
</enum>
<header>
Performance accountability measures
</header>
<text>
The State shall not be required to meet and report on a set of local performance accountability measures.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H08BDDBC73F404852B53A30DB6A3C63CB">
<enum>
(d)
</enum>
<header>
Functions of local board
</header>
<text>
Consistent with section 108, the functions of the local board shall include the following:
</text>
<paragraph id="H55268CC40F334D59B8DCAD1C99990EA2">
<enum>
(1)
</enum>
<header>
Local plan
</header>
<text>
The local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor that meets the requirements in section 108. If the local area is part of a planning region that includes other local areas, the local board shall collaborate with the other local boards and chief elected officials from such other local areas in the preparation and submission of a regional plan as described in section 106(c)(2).
</text>
</paragraph>
<paragraph id="H6808719BE3044806B3373CAEFF26DE35">
<enum>
(2)
</enum>
<header>
Workforce research and regional labor market analysis
</header>
<text>
In order to assist in the development and implementation of the local plan, the local board shall—
</text>
<subparagraph id="HEB13449AC1524FCA9070569170D122B1">
<enum>
(A)
</enum>
<text>
carry out analyses of the economic conditions in the region, the needed knowledge and skills for the region, the workforce in the region, and workforce development activities (including education and training) in the region described in section 108(b)(1)(D), and regularly update such information;
</text>
</subparagraph>
<subparagraph id="HFF81E26D55AD4C0A98E6D28DDF685151">
<enum>
(B)
</enum>
<text>
assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(e)
</external-xref>
), specifically in the collection, analysis, and utilization of workforce and labor market information for the region; and
</text>
</subparagraph>
<subparagraph id="H5E2EF3A71ACB4940BB74BF6149294BA4">
<enum>
(C)
</enum>
<text>
conduct such other research, data collection, and analysis related to the workforce needs of the regional economy as the board, after receiving input from a wide array of stakeholders, determines to be necessary to carry out its functions.
</text>
</subparagraph>
</paragraph>
<paragraph id="H298B9F22A8454457B1E0A7128E356ED8">
<enum>
(3)
</enum>
<header>
Convening, brokering, leveraging
</header>
<text>
The local board shall convene local workforce development system stakeholders to assist in the development of the local plan under section 108 and in identifying non-Federal expertise and resources to leverage support for workforce development activities. The local board, including standing committees, may engage such stakeholders in carrying out the functions described in this subsection.
</text>
</paragraph>
<paragraph id="HF64C38C4206F4279B2B7203FFD5F6B7E">
<enum>
(4)
</enum>
<header>
Employer engagement
</header>
<text>
The local board shall lead efforts to engage with a diverse range of employers and with entities in the region involved—
</text>
<subparagraph id="H0701C989171748C0B08AAC6DDE2BABBC">
<enum>
(A)
</enum>
<text>
to promote business representation (particularly representatives with optimal policymaking or hiring authority from employers whose employment opportunities reflect existing and emerging employment opportunities in the region) on the local board;
</text>
</subparagraph>
<subparagraph id="HAAC4D9A79B3C4B7DB583B50DE628346E">
<enum>
(B)
</enum>
<text>
to develop effective linkages (including the use of intermediaries) with employers in the region to support employer utilization of the local workforce development system and to support local workforce investment activities;
</text>
</subparagraph>
<subparagraph id="HABE9F1144F3840D994112CB57CDC8F6A">
<enum>
(C)
</enum>
<text>
to ensure that workforce investment activities meet the needs of employers and support economic growth in the region, by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers; and
</text>
</subparagraph>
<subparagraph id="HC965F88953A541FFA535FAF4A4F0689C">
<enum>
(D)
</enum>
<text>
to develop and implement proven or promising strategies for meeting the employment and skill needs of workers and employers (such as the establishment of industry and sector partnerships), that provide the skilled workforce needed by employers in the region, and that expand employment and career advancement opportunities for workforce development system participants in in-demand industry sectors or occupations.
</text>
</subparagraph>
</paragraph>
<paragraph id="H54453EF6ABB14684851FA551954699AF">
<enum>
(5)
</enum>
<header>
Career pathways development
</header>
<text>
The local board, with representatives of secondary and postsecondary education programs, shall lead efforts in the local area to develop and implement career pathways within the local area by aligning the employment, training, education, and supportive services that are needed by adults and youth, particularly individuals with barriers to employment.
</text>
</paragraph>
<paragraph id="HDF966AF24158433C9926FB428DEFDA31">
<enum>
(6)
</enum>
<header>
Proven and promising practices
</header>
<text>
The local board shall lead efforts in the local area to—
</text>
<subparagraph id="HAE8E1478FD1746FFB099B746A02CDB63">
<enum>
(A)
</enum>
<text>
identify and promote proven and promising strategies and initiatives for meeting the needs of employers, and workers and jobseekers (including individuals with barriers to employment) in the local workforce development system, including providing physical and programmatic accessibility, in accordance with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12101">
42 U.S.C. 12101 et seq.
</external-xref>
), to the one-stop delivery system; and
</text>
</subparagraph>
<subparagraph id="HE64A19464C0D441FAF79AEEA3BB62EB4">
<enum>
(B)
</enum>
<text>
identify and disseminate information on proven and promising practices carried out in other local areas for meeting such needs.
</text>
</subparagraph>
</paragraph>
<paragraph id="H6419FE283C0644B0AEE2BB0D90C34D14">
<enum>
(7)
</enum>
<header>
Technology
</header>
<text>
The local board shall develop strategies for using technology to maximize the accessibility and effectiveness of the local workforce development system for employers, and workers and jobseekers, by—
</text>
<subparagraph id="HE86C6AB03B8E4636AC0554148A488399">
<enum>
(A)
</enum>
<text>
facilitating connections among the intake and case management information systems of the one-stop partner programs to support a comprehensive workforce development system in the local area;
</text>
</subparagraph>
<subparagraph id="H6D01700BAA6247C68078DD2CE792CEAC">
<enum>
(B)
</enum>
<text>
facilitating access to services provided through the one-stop delivery system involved, including facilitating the access in remote areas;
</text>
</subparagraph>
<subparagraph id="HD024D83DA88C4A9E813DEF9B73CE94AA">
<enum>
(C)
</enum>
<text>
identifying strategies for better meeting the needs of individuals with barriers to employment, including strategies that augment traditional service delivery, and increase access to services and programs of the one-stop delivery system, such as improving digital literacy skills; and
</text>
</subparagraph>
<subparagraph id="H5CCB935593D8445683C1681152642C07">
<enum>
(D)
</enum>
<text>
leveraging resources and capacity within the local workforce development system, including resources and capacity for services for individuals with barriers to employment.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA5095A66929241C0BF876071159C0336">
<enum>
(8)
</enum>
<header>
Program oversight
</header>
<text>
The local board, in partnership with the chief elected official for the local area, shall—
</text>
<subparagraph id="HF91AD911B3104E05ADCE6C2FB23CF0F0">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H2E88300A74CF4408B32D3118772A21C7">
<enum>
(i)
</enum>
<text>
conduct oversight for local youth workforce investment activities authorized under section 129(c), local employment and training activities authorized under subsections (c) and (d) of section 134, and the one-stop delivery system in the local area; and
</text>
</clause>
<clause id="H393869E2415A4FC8BBCDFB0FFC5B8259" indent="up1">
<enum>
(ii)
</enum>
<text>
ensure the appropriate use and management of the funds provided under subtitle B for the activities and system described in clause (i); and
</text>
</clause>
</subparagraph>
<subparagraph id="H42E4AFC934714597B9B527EED66B9F11">
<enum>
(B)
</enum>
<text>
for workforce development activities, ensure the appropriate use, management, and investment of funds to maximize performance outcomes under section 116.
</text>
</subparagraph>
</paragraph>
<paragraph id="H434AAD83CB704BD7A715AD4791FB50F1">
<enum>
(9)
</enum>
<header>
Negotiation of local performance accountability measures
</header>
<text>
The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance accountability measures as described in section 116(c).
</text>
</paragraph>
<paragraph id="H03710209E0C54C7ABC279C576A7A4F7B">
<enum>
(10)
</enum>
<header>
Selection of operators and providers
</header>
<subparagraph id="HC4642BFD380D485F85551F8167C457BA">
<enum>
(A)
</enum>
<header>
Selection of one-stop operators
</header>
<text>
Consistent with section 121(d), the local board, with the agreement of the chief elected official for the local area—
</text>
<clause id="HD29B36F7E31B4B7FA55BCA7173F0FCE4">
<enum>
(i)
</enum>
<text>
shall designate or certify one-stop operators as described in section 121(d)(2)(A); and
</text>
</clause>
<clause id="HCA6BCDD1ED0D483A886C5820BF3E9642">
<enum>
(ii)
</enum>
<text>
may terminate for cause the eligibility of such operators.
</text>
</clause>
</subparagraph>
<subparagraph id="H298734C652D94017B352F9C7A9B7D4FF">
<enum>
(B)
</enum>
<header>
Selection of youth providers
</header>
<text>
Consistent with section 123, the local board—
</text>
<clause id="H9D7AEB0B34584302B8A343998540F6F8">
<enum>
(i)
</enum>
<text>
shall identify eligible providers of youth workforce investment activities in the local area by awarding grants or contracts on a competitive basis (except as provided in section 123(b)), based on the recommendations of the youth standing committee, if such a committee is established for the local area under subsection (b)(4); and
</text>
</clause>
<clause id="H5CB99E56EB8A42D88BDC303291C81C04">
<enum>
(ii)
</enum>
<text>
may terminate for cause the eligibility of such providers.
</text>
</clause>
</subparagraph>
<subparagraph id="H78A26DD9C72C4BE7B99495B5D2046DB1">
<enum>
(C)
</enum>
<header>
Identification of eligible providers of training services
</header>
<text>
Consistent with section 122, the local board shall identify eligible providers of training services in the local area.
</text>
</subparagraph>
<subparagraph id="HE6D1E816C40B482CBBB189E3A7F17FC1">
<enum>
(D)
</enum>
<header>
Identification of eligible providers of career services
</header>
<text>
If the one-stop operator does not provide career services described in section 134(c)(2) in a local area, the local board shall identify eligible providers of those career services in the local area by awarding contracts.
</text>
</subparagraph>
<subparagraph id="H7F20020479C54AAA95BEA0DD1451DCA0">
<enum>
(E)
</enum>
<header>
Consumer choice requirements
</header>
<text>
Consistent with section 122 and paragraphs (2) and (3) of section 134(c), the local board shall work with the State to ensure there are sufficient numbers and types of providers of career services and training services (including eligible providers with expertise in assisting individuals with disabilities and eligible providers with expertise in assisting adults in need of adult education and literacy activities) serving the local area and providing the services involved in a manner that maximizes consumer choice, as well as providing opportunities that lead to competitive integrated employment for individuals with disabilities.
</text>
</subparagraph>
</paragraph>
<paragraph id="H768317E9D83E47B4BE201A8FF74896B8">
<enum>
(11)
</enum>
<header>
Coordination with education providers
</header>
<subparagraph id="H3F5AD9942B83424E8AFD3E01CBAB6CF5">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The local board shall coordinate activities with education and training providers in the local area, including providers of workforce investment activities, providers of adult education and literacy activities under title II, providers of career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2302">
20 U.S.C. 2302
</external-xref>
)) and local agencies administering plans under title I of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
), other than section 112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741).
</text>
</subparagraph>
<subparagraph id="H2341405D54AF404193FF4E0FFCC89589">
<enum>
(B)
</enum>
<header>
Applications and agreements
</header>
<text>
The coordination described in subparagraph (A) shall include—
</text>
<clause commented="no" id="HC714A9983ECB4E0C9A3C921DB8ECD7E7">
<enum>
(i)
</enum>
<text>
consistent with section 232—
</text>
<subclause commented="no" id="HCF50450A6AFB4244B3B9AF9DEB2C0573">
<enum>
(I)
</enum>
<text>
reviewing the applications to provide adult education and literacy activities under title II for the local area, submitted under such section to the eligible agency by eligible providers, to determine whether such applications are consistent with the local plan; and
</text>
</subclause>
<subclause commented="no" id="HC23F34FB8171468693ABA3ED8AFA10C9">
<enum>
(II)
</enum>
<text>
making recommendations to the eligible agency to promote alignment with such plan; and
</text>
</subclause>
</clause>
<clause id="HCC910302836E483182C712EEB2D1915F">
<enum>
(ii)
</enum>
<text>
replicating cooperative agreements in accordance with subparagraph (B) of section 101(a)(11) of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(a)(11)
</external-xref>
), and implementing cooperative agreements in accordance with that section with the local agencies administering plans under title I of that Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
) (other than section 112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741) and subject to section 121(f)), with respect to efforts that will enhance the provision of services to individuals with disabilities and other individuals, such as cross training of staff, technical assistance, use and sharing of information, cooperative efforts with employers, and other efforts at cooperation, collaboration, and coordination.
</text>
</clause>
</subparagraph>
<subparagraph id="HD3D8EFC757714E56B86EF463AD70F11B">
<enum>
(C)
</enum>
<header>
Cooperative agreement
</header>
<text>
In this paragraph, the term
<quote>
cooperative agreement
</quote>
means an agreement entered into by a State designated agency or State designated unit under subparagraph (A) of section 101(a)(11) of the Rehabilitation Act of 1973.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCA9CEC83D6B74C98AC5CE4211FB28A2C">
<enum>
(12)
</enum>
<header>
Budget and administration
</header>
<subparagraph id="H5276C40AA4604BC1A4DC8F249C0216C6">
<enum>
(A)
</enum>
<header>
Budget
</header>
<text>
The local board shall develop a budget for the activities of the local board in the local area, consistent with the local plan and the duties of the local board under this section, subject to the approval of the chief elected official.
</text>
</subparagraph>
<subparagraph id="H8677CAA01F484D61A9A20C45AFE5C800">
<enum>
(B)
</enum>
<header>
Administration
</header>
<clause id="HE11A53D69E5F489EBB719CF7251ACF38">
<enum>
(i)
</enum>
<header>
Grant recipient
</header>
<subclause id="H6199E27D660444F1A2A3568187C8E012">
<enum>
(I)
</enum>
<header>
In general
</header>
<text>
The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under sections 128 and 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability.
</text>
</subclause>
<subclause id="HB9D45187F0A747A1A3BFC974EBE61043">
<enum>
(II)
</enum>
<header>
Designation
</header>
<text>
In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I).
</text>
</subclause>
<subclause id="H08D6395200B54EF7A5517CFDFB7736F0">
<enum>
(III)
</enum>
<header>
Disbursal
</header>
<text>
The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board.
</text>
</subclause>
</clause>
<clause id="H1B41511E31FF4AE3B59680A370F070E1">
<enum>
(ii)
</enum>
<header>
Grants and donations
</header>
<text>
The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act.
</text>
</clause>
<clause id="H824C43821E2D461192C7B53A95608BE4">
<enum>
(iii)
</enum>
<header>
Tax-exempt status
</header>
<text>
For purposes of carrying out duties under this Act, local boards may incorporate, and may operate as entities described in
<external-xref legal-doc="usc" parsable-cite="usc/26/501">
section 501(c)(3)
</external-xref>
of the Internal Revenue Code of 1986 that are exempt from taxation under section 501(a) of such Code.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H49D1E3967E5D4338A902A9C8545C2F1C">
<enum>
(13)
</enum>
<header>
Accessibility for individuals with disabilities
</header>
<text>
The local board shall annually assess the physical and programmatic accessibility, in accordance with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12101">
42 U.S.C. 12101 et seq.
</external-xref>
), of all one-stop centers in the local area.
</text>
</paragraph>
</subsection>
<subsection id="H6505260A2045460FBEA08D62BDE8D141">
<enum>
(e)
</enum>
<header>
Sunshine provision
</header>
<text>
The local board shall make available to the public, on a regular basis through electronic means and open meetings, information regarding the activities of the local board, including information regarding the local plan prior to submission of the plan, and regarding membership, the designation and certification of one-stop operators, and the award of grants or contracts to eligible providers of youth workforce investment activities, and on request, minutes of formal meetings of the local board.
</text>
</subsection>
<subsection id="HE3326A40D4A645BEBD91A37CA220D0A3">
<enum>
(f)
</enum>
<header>
Staff
</header>
<paragraph id="H90D5E1FA822F4CB98D26B66684FC24DB">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The local board may hire a director and other staff to assist in carrying out the functions described in subsection (d) using funds available under sections 128(b) and 133(b) as described in section 128(b)(4).
</text>
</paragraph>
<paragraph id="H22739B1B3B764893B43765F53D163D4D">
<enum>
(2)
</enum>
<header>
Qualifications
</header>
<text>
The local board shall establish and apply a set of objective qualifications for the position of director, that ensures that the individual selected has the requisite knowledge, skills, and abilities, to meet identified benchmarks and to assist in effectively carrying out the functions of the local board.
</text>
</paragraph>
<paragraph id="H6794D6332029460BAF40069D12751500">
<enum>
(3)
</enum>
<header>
Limitation on rate
</header>
<text>
The director and staff described in paragraph (1) shall be subject to the limitations on the payment of salaries and bonuses described in section 194(15).
</text>
</paragraph>
</subsection>
<subsection id="H76B82889FED443BC865F4E131C819A87">
<enum>
(g)
</enum>
<header>
Limitations
</header>
<paragraph id="H4CD952E4DD464A64BF00FA25DB8F4ED0">
<enum>
(1)
</enum>
<header>
Training services
</header>
<subparagraph id="H4E63B45B17234987A66293F9BBAD3EFA">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Except as provided in subparagraph (B), no local board may provide training services.
</text>
</subparagraph>
<subparagraph id="HA3C86E32F9EE45F0A16C2549CC7ED3F9">
<enum>
(B)
</enum>
<header>
Waivers of training prohibition
</header>
<text>
The Governor of the State in which a local board is located may, pursuant to a request from the local board, grant a written waiver of the prohibition set forth in subparagraph (A) (relating to the provision of training services) for a program of training services, if the local board—
</text>
<clause id="HA98BF7B665094702BCC92AB127CD7494">
<enum>
(i)
</enum>
<text>
submits to the Governor a proposed request for the waiver that includes—
</text>
<subclause id="H70F939AF0C744703B6AA9F4593EAF2E4">
<enum>
(I)
</enum>
<text>
satisfactory evidence that there is an insufficient number of eligible providers of such a program of training services to meet local demand in the local area;
</text>
</subclause>
<subclause id="HA71DFC74A3C249EA883685F43350FC62">
<enum>
(II)
</enum>
<text>
information demonstrating that the board meets the requirements for an eligible provider of training services under section 122; and
</text>
</subclause>
<subclause id="H105FC1DA60114FAE9A0B14FEE0C6AA3C">
<enum>
(III)
</enum>
<text>
information demonstrating that the program of training services prepares participants for an in-demand industry sector or occupation in the local area;
</text>
</subclause>
</clause>
<clause id="HF28502D6A27F42C780C11419D189BF35">
<enum>
(ii)
</enum>
<text>
makes the proposed request available to eligible providers of training services and other interested members of the public for a public comment period of not less than 30 days; and
</text>
</clause>
<clause id="HF26A910FD36449F69560341312001328">
<enum>
(iii)
</enum>
<text>
includes, in the final request for the waiver, the evidence and information described in clause (i) and the comments received pursuant to clause (ii).
</text>
</clause>
</subparagraph>
<subparagraph id="H496BB2611C534463A06355F1B3851A26">
<enum>
(C)
</enum>
<header>
Duration
</header>
<text>
A waiver granted to a local board under subparagraph (B) shall apply for a period that shall not exceed the duration of the local plan. The waiver may be renewed for additional periods under subsequent local plans, not to exceed the durations of such subsequent plans, pursuant to requests from the local board, if the board meets the requirements of subparagraph (B) in making the requests.
</text>
</subparagraph>
<subparagraph id="H27CB0E423075413E95AF1E17446F3CE8">
<enum>
(D)
</enum>
<header>
Revocation
</header>
<text>
The Governor shall have the authority to revoke the waiver during the appropriate period described in subparagraph (C) if the Governor determines the waiver is no longer needed or that the local board involved has engaged in a pattern of inappropriate referrals to training services operated by the local board.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCE083D34A019443FBA309FF9C629DF48">
<enum>
(2)
</enum>
<header>
Career services; designation or certification as one-stop operators
</header>
<text>
A local board may provide career services described in section 134(c)(2) through a one-stop delivery system or be designated or certified as a one-stop operator only with the agreement of the chief elected official in the local area and the Governor.
</text>
</paragraph>
<paragraph id="H2F43134054424B72A0867C47C6CAFB0E">
<enum>
(3)
</enum>
<header>
Limitation on authority
</header>
<text>
Nothing in this Act shall be construed to provide a local board with the authority to mandate curricula for schools.
</text>
</paragraph>
</subsection>
<subsection id="H2EB74BF8A3B148EA84EF9FD617A93887">
<enum>
(h)
</enum>
<header>
Conflict of interest
</header>
<text>
A member of a local board, or a member of a standing committee, may not—
</text>
<paragraph id="HFF93E64DC24A475EAE04C5F493FCA814">
<enum>
(1)
</enum>
<text>
vote on a matter under consideration by the local board—
</text>
<subparagraph id="HC74F158360DF472EADC3398586A77095">
<enum>
(A)
</enum>
<text>
regarding the provision of services by such member (or by an entity that such member represents); or
</text>
</subparagraph>
<subparagraph id="HA3B359229CDF4355998E6811BEA9B6E9">
<enum>
(B)
</enum>
<text>
that would provide direct financial benefit to such member or the immediate family of such member; or
</text>
</subparagraph>
</paragraph>
<paragraph id="H9665E2264CA74A189BADF0823533BB7E">
<enum>
(2)
</enum>
<text>
engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="H70CE27F434544AC9B6BD7DEF35893179">
<enum>
(i)
</enum>
<header>
Alternative entity
</header>
<paragraph commented="no" id="HD982F7E614124C1CB23932F1B2D04707">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
For purposes of complying with subsections (a), (b), and (c), a State may use any local entity (including a local council, regional workforce development board, or similar entity) that—
</text>
<subparagraph commented="no" id="H33A4DC192D8E4F4DAE15F18308C14D73">
<enum>
(A)
</enum>
<text>
is established to serve the local area (or the service delivery area that most closely corresponds to the local area);
</text>
</subparagraph>
<subparagraph commented="no" id="H838CC761A42348C48AAD4C2F4EA28618">
<enum>
(B)
</enum>
<text>
was in existence on the day before the date of enactment of this Act, pursuant to State law; and
</text>
</subparagraph>
<subparagraph commented="no" id="HF8E235BBF27241048CA7F7260B8EFA57">
<enum>
(C)
</enum>
<text>
includes—
</text>
<clause commented="no" id="H3408970B9F884B4F917AAB6CDF817071">
<enum>
(i)
</enum>
<text>
representatives of business in the local area; and
</text>
</clause>
<clause commented="no" id="HCD5A0EF6DB1D49F3855B8160431D4314">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H393C3BBDEFFC4374B0D90325CA6C6FD0">
<enum>
(I)
</enum>
<text>
representatives of labor organizations (for a local area in which employees are represented by labor organizations), nominated by local labor federations; or
</text>
</subclause>
<subclause commented="no" id="H3F50D13FFDCC4C5D8340CDFCAE83DC3D" indent="up1">
<enum>
(II)
</enum>
<text>
other representatives of employees in the local area (for a local area in which no employees are represented by such organizations).
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HA1ED825263E04F9B9B2CD5A3DD97DBE7">
<enum>
(2)
</enum>
<header>
References
</header>
<text>
A reference in this Act or a core program provision to a local board, shall include a reference to such an entity.
</text>
</paragraph>
</subsection>
</section>
<section id="H03A4133F1BC440419F11728D69684B78">
<enum>
108.
</enum>
<header>
Local plan
</header>
<subsection id="HB3802ED0DBAE47EE9A6608BA8A0346CD">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Each local board shall develop and submit to the Governor a comprehensive 4-year local plan, in partnership with the chief elected official. The local plan shall support the strategy described in the State plan in accordance with section 102(b)(1)(E), and otherwise be consistent with the State plan. If the local area is part of a planning region, the local board shall comply with section 106(c) in the preparation and submission of a regional plan. At the end of the first 2-year period of the 4-year local plan, each local board shall review the local plan and the local board, in partnership with the chief elected official, shall prepare and submit modifications to the local plan to reflect changes in labor market and economic conditions or in other factors affecting the implementation of the local plan.
</text>
</subsection>
<subsection id="HC4E3D277A7B148A4BB1F30F94FE9C026">
<enum>
(b)
</enum>
<header>
Contents
</header>
<text>
The local plan shall include—
</text>
<paragraph id="H0BDA9D10ABAF4255B2A6AF1B0DAFE518">
<enum>
(1)
</enum>
<text>
a description of the strategic planning elements consisting of—
</text>
<subparagraph id="H08817903C4E74AE8AB7CE09D023120BF">
<enum>
(A)
</enum>
<text>
an analysis of the regional economic conditions including—
</text>
<clause id="HEA830F0F4CCC4110B3D52B7AD0C4E107">
<enum>
(i)
</enum>
<text>
existing and emerging in-demand industry sectors and occupations; and
</text>
</clause>
<clause id="H9BABBD4BAF4046119907611C75B88AD5">
<enum>
(ii)
</enum>
<text>
the employment needs of employers in those industry sectors and occupations;
</text>
</clause>
</subparagraph>
<subparagraph id="HD0E791FCD12548FDB9D2DDEBC73CBFE9">
<enum>
(B)
</enum>
<text>
an analysis of the knowledge and skills needed to meet the employment needs of the employers in the region, including employment needs in in-demand industry sectors and occupations;
</text>
</subparagraph>
<subparagraph id="H2616356371674985B89E51F7BC7592DA">
<enum>
(C)
</enum>
<text>
an analysis of the workforce in the region, including current labor force employment (and unemployment) data, and information on labor market trends, and the educational and skill levels of the workforce in the region, including individuals with barriers to employment;
</text>
</subparagraph>
<subparagraph id="HF497010567D44118B7731381C3D8DCA0">
<enum>
(D)
</enum>
<text>
an analysis of the workforce development activities (including education and training) in the region, including an analysis of the strengths and weaknesses of such services, and the capacity to provide such services, to address the identified education and skill needs of the workforce and the employment needs of employers in the region;
</text>
</subparagraph>
<subparagraph id="HD7552B1C35A147178000ACA41D282D26">
<enum>
(E)
</enum>
<text>
a description of the local board’s strategic vision and goals for preparing an educated and skilled workforce (including youth and individuals with barriers to employment), including goals relating to the performance accountability measures based on primary indicators of performance described in section 116(b)(2)(A) in order to support regional economic growth and economic self-sufficiency; and
</text>
</subparagraph>
<subparagraph id="HFAF57D26AD3646439EEB4828979C800C">
<enum>
(F)
</enum>
<text>
taking into account analyses described in subparagraphs (A) through (D), a strategy to work with the entities that carry out the core programs to align resources available to the local area, to achieve the strategic vision and goals described in subparagraph (E);
</text>
</subparagraph>
</paragraph>
<paragraph id="HA4FEF22569FF453284176B2216F53A76">
<enum>
(2)
</enum>
<text>
a description of the workforce development system in the local area that identifies the programs that are included in that system and how the local board will work with the entities carrying out core programs and other workforce development programs to support alignment to provide services, including programs of study authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2301">
20 U.S.C. 2301 et seq.
</external-xref>
), that support the strategy identified in the State plan under section 102(b)(1)(E);
</text>
</paragraph>
<paragraph id="H082413AFB99A46D4B18E753C5E598195">
<enum>
(3)
</enum>
<text>
a description of how the local board, working with the entities carrying out core programs, will expand access to employment, training, education, and supportive services for eligible individuals, particularly eligible individuals with barriers to employment, including how the local board will facilitate the development of career pathways and co-enrollment, as appropriate, in core programs, and improve access to activities leading to a recognized postsecondary credential (including a credential that is an industry-recognized certificate or certification, portable, and stackable);
</text>
</paragraph>
<paragraph id="H2E3B54A627554C80BBCE54C2C6455879">
<enum>
(4)
</enum>
<text>
a description of the strategies and services that will be used in the local area—
</text>
<subparagraph id="H7E584DEDD8D44C699864363FF331D637">
<enum>
(A)
</enum>
<text>
in order to—
</text>
<clause id="HD4A3541CC9174549A8C1320E0281B0DE">
<enum>
(i)
</enum>
<text>
facilitate engagement of employers, including small employers and employers in in-demand industry sectors and occupations, in workforce development programs;
</text>
</clause>
<clause id="HF5E5D8AA1B9546BDB31762D01E922CBD">
<enum>
(ii)
</enum>
<text>
support a local workforce development system that meets the needs of businesses in the local area;
</text>
</clause>
<clause id="H212579F9B64E462DA8D8AF70F9B11700">
<enum>
(iii)
</enum>
<text>
better coordinate workforce development programs and economic development; and
</text>
</clause>
<clause id="HBC647011AC644856B40BA4022D33F6BA">
<enum>
(iv)
</enum>
<text>
strengthen linkages between the one-stop delivery system and unemployment insurance programs; and
</text>
</clause>
</subparagraph>
<subparagraph id="HAC454537149747CFB88F240E481E584B">
<enum>
(B)
</enum>
<text>
that may include the implementation of initiatives such as incumbent worker training programs, on-the-job training programs, customized training programs, industry and sector strategies, career pathways initiatives, utilization of effective business intermediaries, and other business services and strategies, designed to meet the needs of employers in the corresponding region in support of the strategy described in paragraph (1)(F);
</text>
</subparagraph>
</paragraph>
<paragraph id="H5EC36968B7444C34BF1D41499CEAAA21">
<enum>
(5)
</enum>
<text>
a description of how the local board will coordinate workforce investment activities carried out in the local area with economic development activities carried out in the region in which the local area is located (or planning region), and promote entrepreneurial skills training and microenterprise services;
</text>
</paragraph>
<paragraph id="H1618500E39C54B3A9E66D4C19F1123F9">
<enum>
(6)
</enum>
<text>
a description of the one-stop delivery system in the local area, including—
</text>
<subparagraph id="H1405B22DD2BB4FF2B84AE222E1314DCC">
<enum>
(A)
</enum>
<text>
a description of how the local board will ensure the continuous improvement of eligible providers of services through the system and ensure that such providers meet the employment needs of local employers, and workers and jobseekers;
</text>
</subparagraph>
<subparagraph id="HBA81355867654A4697EBD98BEF7D7A76">
<enum>
(B)
</enum>
<text>
a description of how the local board will facilitate access to services provided through the one-stop delivery system, including in remote areas, through the use of technology and through other means;
</text>
</subparagraph>
<subparagraph id="H3AFD08AC21B84047857F651C4FC9EDF8">
<enum>
(C)
</enum>
<text>
a description of how entities within the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12101">
42 U.S.C. 12101 et seq.
</external-xref>
) regarding the physical and programmatic accessibility of facilities, programs and services, technology, and materials for individuals with disabilities, including providing staff training and support for addressing the needs of individuals with disabilities; and
</text>
</subparagraph>
<subparagraph id="HBEF1D9190E0C464E954653F1D155B45A">
<enum>
(D)
</enum>
<text>
a description of the roles and resource contributions of the one-stop partners;
</text>
</subparagraph>
</paragraph>
<paragraph id="HE4869F364D1B42CA92F93A8088C473A2">
<enum>
(7)
</enum>
<text>
a description and assessment of the type and availability of adult and dislocated worker employment and training activities in the local area;
</text>
</paragraph>
<paragraph id="H5B0BE000814944CD868CE761BF866EBC">
<enum>
(8)
</enum>
<text>
a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide rapid response activities, as described in section 134(a)(2)(A);
</text>
</paragraph>
<paragraph id="HF50CA57A36EE49E1BE857D83BB3055C9">
<enum>
(9)
</enum>
<text>
a description and assessment of the type and availability of youth workforce investment activities in the local area, including activities for youth who are individuals with disabilities, which description and assessment shall include an identification of successful models of such youth workforce investment activities;
</text>
</paragraph>
<paragraph id="HEF7F3B38E7944F16B7D308BD656BCC7E">
<enum>
(10)
</enum>
<text>
a description of how the local board will coordinate education and workforce investment activities carried out in the local area with relevant secondary and postsecondary education programs and activities to coordinate strategies, enhance services, and avoid duplication of services;
</text>
</paragraph>
<paragraph id="HB5EB03238A514FF9A25D94D1920BBF3E">
<enum>
(11)
</enum>
<text>
a description of how the local board will coordinate workforce investment activities carried out under this title in the local area with the provision of transportation, including public transportation, and other appropriate supportive services in the local area;
</text>
</paragraph>
<paragraph id="HDC3DBFAFD40147E1B2E435F16E926C97">
<enum>
(12)
</enum>
<text>
a description of plans and strategies for, and assurances concerning, maximizing coordination of services provided by the State employment service under the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) and services provided in the local area through the one-stop delivery system, to improve service delivery and avoid duplication of services;
</text>
</paragraph>
<paragraph commented="no" id="HC4ED9B9BA40E4E8BAB991133276F9E14">
<enum>
(13)
</enum>
<text>
a description of how the local board will coordinate workforce investment activities carried out under this title in the local area with the provision of adult education and literacy activities under title II in the local area, including a description of how the local board will carry out, consistent with subparagraphs (A) and (B)(i) of section 107(d)(11) and section 232, the review of local applications submitted under title II;
</text>
</paragraph>
<paragraph commented="no" id="H91D543FE3B664E229022866865CFCAAA">
<enum>
(14)
</enum>
<text>
a description of the replicated cooperative agreements (as defined in section 107(d)(11)) between the local board or other local entities described in section 101(a)(11)(B) of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(a)(11)(B)
</external-xref>
) and the local office of a designated State agency or designated State unit administering programs carried out under title I of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
) (other than section 112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741) and subject to section 121(f)) in accordance with section 101(a)(11) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(a)(11)
</external-xref>
) with respect to efforts that will enhance the provision of services to individuals with disabilities and to other individuals, such as cross training of staff, technical assistance, use and sharing of information, cooperative efforts with employers, and other efforts at cooperation, collaboration, and coordination;
</text>
</paragraph>
<paragraph id="HE69B3EB4685F4CEBB46802EF8F0B0E94">
<enum>
(15)
</enum>
<text>
an identification of the entity responsible for the disbursal of grant funds described in section 107(d)(12)(B)(i)(III), as determined by the chief elected official or the Governor under section 107(d)(12)(B)(i);
</text>
</paragraph>
<paragraph id="H61A5691B90BC4E3BABBF128C8D123B8E">
<enum>
(16)
</enum>
<text>
a description of the competitive process to be used to award the subgrants and contracts in the local area for activities carried out under this title;
</text>
</paragraph>
<paragraph id="H0F0D8943FEA7404D81917EFE32AB04C6">
<enum>
(17)
</enum>
<text>
a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 116(c), to be used to measure the performance of the local area and to be used by the local board for measuring the performance of the local fiscal agent (where appropriate), eligible providers under subtitle B, and the one-stop delivery system, in the local area;
</text>
</paragraph>
<paragraph id="HC4039FF7AF0448359DE269BCC38EFAA7">
<enum>
(18)
</enum>
<text>
a description of the actions the local board will take toward becoming or remaining a high-performing board, consistent with the factors developed by the State board pursuant to section 101(d)(6);
</text>
</paragraph>
<paragraph id="H59F59A80EE0249D0B4E3C79C05CA6935">
<enum>
(19)
</enum>
<text>
a description of how training services under chapter 3 of subtitle B will be provided in accordance with section 134(c)(3)(G), including, if contracts for the training services will be used, how the use of such contracts will be coordinated with the use of individual training accounts under that chapter and how the local board will ensure informed customer choice in the selection of training programs regardless of how the training services are to be provided;
</text>
</paragraph>
<paragraph id="HEF82CE3BA4344EC3B481F06569491129">
<enum>
(20)
</enum>
<text>
a description of the process used by the local board, consistent with subsection (d), to provide an opportunity for public comment, including comment by representatives of businesses and comment by representatives of labor organizations, and input into the development of the local plan, prior to submission of the plan;
</text>
</paragraph>
<paragraph id="H55B648E91FF1419B85FCA7D819AD0200">
<enum>
(21)
</enum>
<text>
a description of how one-stop centers are implementing and transitioning to an integrated, technology-enabled intake and case management information system for programs carried out under this Act and programs carried out by one-stop partners; and
</text>
</paragraph>
<paragraph id="H297A12370D134C39B5A6C5C550325030">
<enum>
(22)
</enum>
<text>
such other information as the Governor may require.
</text>
</paragraph>
</subsection>
<subsection id="HCADA31509F644BC288A8C28510AD012E">
<enum>
(c)
</enum>
<header>
Existing analysis
</header>
<text>
As appropriate, a local area may use an existing analysis in order to carry out the requirements of subsection (b)(1) concerning an analysis.
</text>
</subsection>
<subsection id="H3861D2D2D6AB486FBDF711803FD56356">
<enum>
(d)
</enum>
<header>
Process
</header>
<text>
Prior to the date on which the local board submits a local plan under this section, the local board shall—
</text>
<paragraph id="H324E397B685D47FBAB836E826EBA8A11">
<enum>
(1)
</enum>
<text>
make available copies of a proposed local plan to the public through electronic and other means, such as public hearings and local news media;
</text>
</paragraph>
<paragraph id="HCBD863B1F9E846039BC637542202B6B4">
<enum>
(2)
</enum>
<text>
allow members of the public, including representatives of business, representatives of labor organizations, and representatives of education to submit to the local board comments on the proposed local plan, not later than the end of the 30-day period beginning on the date on which the proposed local plan is made available; and
</text>
</paragraph>
<paragraph id="H22127A56A6144199B288757BABD03830">
<enum>
(3)
</enum>
<text>
include with the local plan submitted to the Governor under this section any such comments that represent disagreement with the plan.
</text>
</paragraph>
</subsection>
<subsection id="H63E03C584C99441DA56D7B20F753F805">
<enum>
(e)
</enum>
<header>
Plan submission and approval
</header>
<text>
A local plan submitted to the Governor under this section (including a modification to such a local plan) shall be considered to be approved by the Governor at the end of the 90-day period beginning on the day the Governor receives the plan (including such a modification), unless the Governor makes a written determination during the 90-day period that—
</text>
<paragraph id="HE4CB01AF85BD4A809AFF2A59FEDC7FE8">
<enum>
(1)
</enum>
<text>
deficiencies in activities carried out under this subtitle or subtitle B have been identified, through audits conducted under section 184 or otherwise, and the local area has not made acceptable progress in implementing corrective measures to address the deficiencies;
</text>
</paragraph>
<paragraph id="H06483EF69F93489BB82A61AEDA5FE630">
<enum>
(2)
</enum>
<text>
the plan does not comply with the applicable provisions of this Act; or
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HBCBC02DCEAA14539A2AFFD85B566BC27">
<enum>
(3)
</enum>
<text>
the plan does not align with the State plan, including failing to provide for alignment of the core programs to support the strategy identified in the State plan in accordance with section 102(b)(1)(E).
</text>
</paragraph>
</subsection>
</section>
</chapter>
<chapter id="H6FFD394CB05E4EC5B321EC942CB4E963">
<enum>
3
</enum>
<header>
Board Provisions
</header>
<section commented="no" id="H300AD38CED6D452690EC5E87C96EA221">
<enum>
111.
</enum>
<header>
Funding of State and local boards
</header>
<subsection commented="no" id="H3A691C1D67624B7CBD532E6A8688B096">
<enum>
(a)
</enum>
<header>
State boards
</header>
<text>
In funding a State board under this subtitle, a State—
</text>
<paragraph commented="no" id="HE78DB6C27B944F08A5D8E76994BF5F3B">
<enum>
(1)
</enum>
<text>
shall use funds available as described in section 129(b)(3) or 134(a)(3)(B); and
</text>
</paragraph>
<paragraph commented="no" id="H794A7C93F93A452EB82B9661E14AF1A7">
<enum>
(2)
</enum>
<text>
may use non-Federal funds available to the State that the State determines are appropriate and available for that use.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="H63DEA5E4E9CC4213B7701F9E3915A178">
<enum>
(b)
</enum>
<header>
Local boards
</header>
<text>
In funding a local board under this subtitle, the chief elected official and local board for the local area—
</text>
<paragraph commented="no" id="HCC1C5149E4D3418C86C0A76A5C23013E">
<enum>
(1)
</enum>
<text>
shall use funds available as described in section 128(b)(4); and
</text>
</paragraph>
<paragraph commented="no" id="HD7CF9C4ECD134F09B2A5D87F1FBB23EE">
<enum>
(2)
</enum>
<text>
may use non-Federal funds available to the local area that the chief elected official and local board determine are appropriate and available for that use.
</text>
</paragraph>
</subsection>
</section>
</chapter>
<chapter id="H647D70137E8141FABDD9551AFFADCDEB" style="OLC">
<enum>
4
</enum>
<header>
Performance accountability
</header>
<section commented="no" id="HDE218B532D8A48CEBE3030D6B56A36B1">
<enum>
116.
</enum>
<header>
Performance accountability system
</header>
<subsection id="H18C4BA4ED73C41799C05F73B997D4692">
<enum>
(a)
</enum>
<header>
Purpose
</header>
<text>
The purpose of this section is to establish performance accountability measures that apply across the core programs to assess the effectiveness of States and local areas (for core programs described in subtitle B) in achieving positive outcomes for individuals served by those programs.
</text>
</subsection>
<subsection id="H07DB5D9BAD6540F0896701E909067FA8">
<enum>
(b)
</enum>
<header>
State performance accountability measures
</header>
<paragraph id="HA82E9209DE8C4EEF9C8DB2F91D0B99EE">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
For each State, the performance accountability measures for the core programs shall consist of—
</text>
<subparagraph id="HD246002F88B34FED81F5AC07A7D1F90B">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H7C4FA5D7C7864B2795FCB4FCA081B89F">
<enum>
(i)
</enum>
<text>
the primary indicators of performance described in paragraph (2)(A); and
</text>
</clause>
<clause id="H38F14150D927459299F88BF9E397719A" indent="up1">
<enum>
(ii)
</enum>
<text>
the additional indicators of performance (if any) identified by the State under paragraph (2)(B); and
</text>
</clause>
</subparagraph>
<subparagraph id="H69346E4F7A4A4316B8119C198EF94871">
<enum>
(B)
</enum>
<text>
a State adjusted level of performance for each indicator described in subparagraph (A).
</text>
</subparagraph>
</paragraph>
<paragraph id="H3807DA3969AD46A693CAB067CA7EB2F2">
<enum>
(2)
</enum>
<header>
Indicators of performance
</header>
<subparagraph id="HAA54684E7C7A4D37AA3C18D95F47EF37">
<enum>
(A)
</enum>
<header>
Primary indicators of performance
</header>
<clause id="H73900599764442A18DE20A8943F35952">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
The State primary indicators of performance for activities provided under the adult and dislocated worker programs authorized under chapter 3 of subtitle B, the program of adult education and literacy activities authorized under title II, the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) (except that subclauses (IV) and (V) shall not apply to such program), and the program authorized under title I of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
), other than section 112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741), shall consist of—
</text>
<subclause id="H07ECD276D78442EB876D553A202A36B4">
<enum>
(I)
</enum>
<text>
the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program;
</text>
</subclause>
<subclause id="HC9C58240BCDC45CAB32C93D66B0952D8">
<enum>
(II)
</enum>
<text>
the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program;
</text>
</subclause>
<subclause id="HDFFB8D997618420FAABFCE71698DBBB0">
<enum>
(III)
</enum>
<text>
the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program;
</text>
</subclause>
<subclause id="H74FDCD87E29E46CC89E9C752477DE4A6">
<enum>
(IV)
</enum>
<text>
the percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent (subject to clause (iii)), during participation in or within 1 year after exit from the program;
</text>
</subclause>
<subclause id="H6B3C7DCF9B6A44D19EB038F3BC079DF0">
<enum>
(V)
</enum>
<text>
the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment; and
</text>
</subclause>
<subclause id="HDEEA6213E7DF4CFC84566312B2AFECA6">
<enum>
(VI)
</enum>
<text>
the indicators of effectiveness in serving employers established pursuant to clause (iv).
</text>
</subclause>
</clause>
<clause id="H6B2366740E7242D38F7A65E28853E592">
<enum>
(ii)
</enum>
<header>
Primary indicators for eligible youth
</header>
<text>
The primary indicators of performance for the youth program authorized under chapter 2 of subtitle B shall consist of—
</text>
<subclause id="H796847BC896B4227B1B015C87DA7604C">
<enum>
(I)
</enum>
<text>
the percentage of program participants who are in education or training activities, or in unsubsidized employment, during the second quarter after exit from the program;
</text>
</subclause>
<subclause id="HE04B68E9010241ABB5C945777DD2F43B">
<enum>
(II)
</enum>
<text>
the percentage of program participants who are in education or training activities, or in unsubsidized employment, during the fourth quarter after exit from the program; and
</text>
</subclause>
<subclause id="HAC2C3F924AA64672B6EC146B4C0152B1">
<enum>
(III)
</enum>
<text>
the primary indicators of performance described in subclauses (III) through (VI) of subparagraph (A)(i).
</text>
</subclause>
</clause>
<clause id="H07A336610C65482AA24907CDF14CFE5C">
<enum>
(iii)
</enum>
<header>
Indicator relating to credential
</header>
<text>
For purposes of clause (i)(IV), or clause (ii)(III) with respect to clause (i)(IV), program participants who obtain a secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have obtained or retained employment or are in an education or training program leading to a recognized postsecondary credential within 1 year after exit from the program.
</text>
</clause>
<clause id="H87BC3C07C63C472C902B66BE6D7CA701">
<enum>
(iv)
</enum>
<header>
Indicator for services to employers
</header>
<text>
Prior to the commencement of the second full program year after the date of enactment of this Act, for purposes of clauses (i)(VI), or clause (ii)(III) with respect to clause (i)(IV), the Secretary of Labor and the Secretary of Education, after consultation with the representatives described in paragraph (4)(B), shall jointly develop and establish, for purposes of this subparagraph, 1 or more primary indicators of performance that indicate the effectiveness of the core programs in serving employers.
</text>
</clause>
</subparagraph>
<subparagraph id="H202ECFDFAF134E67BA2187577E2DCDA9">
<enum>
(B)
</enum>
<header>
Additional indicators
</header>
<text>
A State may identify in the State plan additional performance accountability indicators.
</text>
</subparagraph>
</paragraph>
<paragraph id="HEA4897F6202743C1ADB41C0A7E1FD9EF">
<enum>
(3)
</enum>
<header>
Levels of performance
</header>
<subparagraph id="H5CE6E276A2A848CE978ACAC7584A5F30">
<enum>
(A)
</enum>
<header>
State adjusted levels of performance for primary indicators
</header>
<clause id="H312A316EA37C45029E539DBE3E4A7CE8">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
For each State submitting a State plan, there shall be established, in accordance with this subparagraph, levels of performance for each of the corresponding primary indicators of performance described in paragraph (2) for each of the programs described in clause (ii).
</text>
</clause>
<clause id="H2EC90202A1764D8C9797552DA3E2611B">
<enum>
(ii)
</enum>
<header>
Included programs
</header>
<text>
The programs included under clause (i) are—
</text>
<subclause id="H6E5E2EBFA3004E5D9B7BBEAB9BCEE367">
<enum>
(I)
</enum>
<text>
the youth program authorized under chapter 2 of subtitle B;
</text>
</subclause>
<subclause id="HFA560C1C3C874871B9A4CCC6FF112DA5">
<enum>
(II)
</enum>
<text>
the adult program authorized under chapter 3 of subtitle B;
</text>
</subclause>
<subclause id="HE64CC4652CDF449A9379D5B92A511A43">
<enum>
(III)
</enum>
<text>
the dislocated worker program authorized under chapter 3 of subtitle B;
</text>
</subclause>
<subclause id="HB0E9C941B13B4A2884A143210CCB7C42">
<enum>
(IV)
</enum>
<text>
the program of adult education and literacy activities authorized under title II;
</text>
</subclause>
<subclause id="HBB4720217F134A75B92A88BE02E0564E">
<enum>
(V)
</enum>
<text>
the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
); and
</text>
</subclause>
<subclause id="H2FA243B6ACE0435DACDE5600435EFA28">
<enum>
(VI)
</enum>
<text>
the program authorized under title I of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
), other than section 112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741).
</text>
</subclause>
</clause>
<clause id="HBCF038EF06A047E7BD120DB13CA52D75">
<enum>
(iii)
</enum>
<header>
Identification in State plan
</header>
<text>
Each State shall identify, in the State plan, expected levels of performance for each of the corresponding primary indicators of performance for each of the programs described in clause (ii) for the first 2 program years covered by the State plan.
</text>
</clause>
<clause id="H66343A44EC9D4F128C8F4FDBB9C380E9">
<enum>
(iv)
</enum>
<header>
Agreement on State adjusted levels of performance
</header>
<subclause id="H2E62F6A1DBBB4D21813E44F70359740A">
<enum>
(I)
</enum>
<header>
First 2 years
</header>
<text>
The State shall reach agreement with the Secretary of Labor, in conjunction with the Secretary of Education on levels of performance for each indicator described in clause (iii) for each of the programs described in clause (ii) for each of the first 2 program years covered by the State plan. In reaching the agreement, the State and the Secretary of Labor in conjunction with the Secretary of Education shall take into account the levels identified in the State plan under clause (iii) and the factors described in clause (v). The levels agreed to shall be considered to be the State adjusted levels of performance for the State for such program years and shall be incorporated into the State plan prior to the approval of such plan.
</text>
</subclause>
<subclause id="H10727FD95B3E4F4C97A5E6DD9ADFD4C1">
<enum>
(II)
</enum>
<header>
Third and fourth year
</header>
<text>
The State and the Secretary of Labor, in conjunction with the Secretary of Education, shall reach agreement, prior to the third program year covered by the State plan, on levels of performance for each indicator described in clause (iii) for each of the programs described in clause (ii) for each of the third and fourth program years covered by the State plan. In reaching the agreement, the State and Secretary of Labor, in conjunction with the Secretary of Education, shall take into account the factors described in clause (v). The levels agreed to shall be considered to be the State adjusted levels of performance for the State for such program years and shall be incorporated into the State plan as a modification to the plan.
</text>
</subclause>
</clause>
<clause id="HA13184E8C30E4BE2840940F8A66BA2F8">
<enum>
(v)
</enum>
<header>
Factors
</header>
<text>
In reaching the agreements described in clause (iv), the State and Secretaries shall—
</text>
<subclause id="H1FABC2EA74214447B1D79A9027A3E073">
<enum>
(I)
</enum>
<text>
take into account how the levels involved compare with the State adjusted levels of performance established for other States;
</text>
</subclause>
<subclause id="H427D5A86F2ED4B5A9E206CB3D72F8606">
<enum>
(II)
</enum>
<text>
ensure that the levels involved are adjusted, using the objective statistical model established by the Secretaries pursuant to clause (viii), based on—
</text>
<item id="H3EC410672C984C1B9B9B9EF2EEC3037E">
<enum>
(aa)
</enum>
<text>
the differences among States in actual economic conditions (including differences in unemployment rates and job losses or gains in particular industries); and
</text>
</item>
<item id="HD6665B9AE4834DB79778BEED05361DF4">
<enum>
(bb)
</enum>
<text>
the characteristics of participants when the participants entered the program involved, including indicators of poor work history, lack of work experience, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, homelessness, ex-offender status, and welfare dependency;
</text>
</item>
</subclause>
<subclause id="H230087A115A5492DBB6E25C3031D4560">
<enum>
(III)
</enum>
<text>
take into account the extent to which the levels involved promote continuous improvement in performance accountability on the performance accountability measures by such State and ensure optimal return on the investment of Federal funds; and
</text>
</subclause>
<subclause commented="no" id="H804D50F91CE949BA8D05A2D56447A507">
<enum>
(IV)
</enum>
<text>
take into account the extent to which the levels involved will assist the State in meeting the goals described in clause (vi).
</text>
</subclause>
</clause>
<clause commented="no" id="H35B09F026D534C5C93D7667C757E507A">
<enum>
(vi)
</enum>
<header>
Goals
</header>
<text>
In order to promote enhanced performance outcomes and to facilitate the process of reaching agreements with the States under clause (iv), the Secretary of Labor, in conjunction with the Secretary of Education, shall establish performance goals for the core programs, in accordance with the Government Performance and Results Act of 1993 (
<external-xref legal-doc="public-law" parsable-cite="pl/103/62">
Public Law 103–62
</external-xref>
; 107 Stat. 285) and the amendments made by that Act, and in consultation with States and other appropriate parties. Such goals shall be long-term goals for the adjusted levels of performance to be achieved by each of the programs described in clause (ii) regarding the corresponding primary indicators of performance described in paragraph (2)(A).
</text>
</clause>
<clause id="H8F76A12F77D44F0B8F18B6C65BC36056">
<enum>
(vii)
</enum>
<header>
Revisions based on economic conditions and individuals served during the program year
</header>
<text>
The Secretary of Labor, in conjunction with the Secretary of Education, shall, in accordance with the objective statistical model developed pursuant to clause (viii), revise the State adjusted levels of performance applicable for each of the programs described in clause (ii), for a program year and a State, to reflect the actual economic conditions and characteristics of participants (as described in clause (v)(II)) in that program during such program year in such State.
</text>
</clause>
<clause id="HF536960C5CAD4C4C87930B94A1E8BDCA">
<enum>
(viii)
</enum>
<header>
Statistical adjustment model
</header>
<text>
The Secretary of Labor and the Secretary of Education, after consultation with the representatives described in paragraph (4)(B), shall develop and disseminate an objective statistical model that will be used to make the adjustments in the State adjusted levels of performance for actual economic conditions and characteristics of participants under clauses (v) and (vii).
</text>
</clause>
</subparagraph>
<subparagraph id="HA1432F52361C4B888B9D83D6A1019914">
<enum>
(B)
</enum>
<header>
Levels of performance for additional indicators
</header>
<text>
The State may identify, in the State plan, State levels of performance for each of the additional indicators identified under paragraph (2)(B). Such levels shall be considered to be State adjusted levels of performance for purposes of this section.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB5649CCA55D248CA9BA20E1F8DE4C4DE">
<enum>
(4)
</enum>
<header>
Definitions of indicators of performance
</header>
<subparagraph id="H0E198CCB7EB1419A8C52F91A66BB6A9D">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
In order to ensure nationwide comparability of performance data, the Secretary of Labor and the Secretary of Education, after consultation with representatives described in subparagraph (B), shall issue definitions for the indicators described in paragraph (2).
</text>
</subparagraph>
<subparagraph id="H6CF6644629C74E65B43D401E1D7653D7">
<enum>
(B)
</enum>
<header>
Representatives
</header>
<text>
The representatives referred to in subparagraph (A) are representatives of States and political subdivisions, business and industry, employees, eligible providers of activities carried out through the core programs, educators, researchers, participants, the lead State agency officials with responsibility for the programs carried out through the core programs, individuals with expertise in serving individuals with barriers to employment, and other interested parties.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H7B1CDCD400BE41248290B16A36148F61">
<enum>
(c)
</enum>
<header>
Local performance accountability measures for subtitle B
</header>
<paragraph id="H271622A5CD794E5E86044CE4FD192D03">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
For each local area in a State designated under section 106, the local performance accountability measures for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii) shall consist of—
</text>
<subparagraph id="H21E17237F2A1424CBC23B845A3223829">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="HA036111A07FF46A7B371737A131532D7">
<enum>
(i)
</enum>
<text>
the primary indicators of performance described in subsection (b)(2)(A) that are applicable to such programs; and
</text>
</clause>
<clause id="HBCB984176A034525982F5562F4E430D4" indent="up1">
<enum>
(ii)
</enum>
<text>
additional indicators of performance, if any, identified by the State for such programs under subsection (b)(2)(B); and
</text>
</clause>
</subparagraph>
<subparagraph id="HB93E554059994DCDA5219788D90D883C">
<enum>
(B)
</enum>
<text>
the local level of performance for each indicator described in subparagraph (A).
</text>
</subparagraph>
</paragraph>
<paragraph id="H32AD562D8FD5481EAD77581ED6490F2D">
<enum>
(2)
</enum>
<header>
Local level of performance
</header>
<text>
The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local levels of performance based on the State adjusted levels of performance established under subsection (b)(3)(A).
</text>
</paragraph>
<paragraph id="HA6DE51C1E5D541A1B9E37574FD87C680">
<enum>
(3)
</enum>
<header>
Adjustment factors
</header>
<text>
In negotiating the local levels of performance, the local board, the chief elected official, and the Governor shall make adjustments for the expected economic conditions and the expected characteristics of participants to be served in the local area, using the statistical adjustment model developed pursuant to subsection (b)(3)(A)(viii). In addition, the negotiated local levels of performance applicable to a program year shall be revised to reflect the actual economic conditions experienced and the characteristics of the populations served in the local area during such program year using the statistical adjustment model.
</text>
</paragraph>
</subsection>
<subsection id="HE6EEF197DC4C40C5B9D398FC3B116302">
<enum>
(d)
</enum>
<header>
Performance reports
</header>
<paragraph id="HC082A58892C44C9D890178094574F30E">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Not later than 12 months after the date of enactment of this Act, the Secretary of Labor, in conjunction with the Secretary of Education, shall develop a template for performance reports that shall be used by States, local boards, and eligible providers of training services under section 122 to report on outcomes achieved by the core programs. In developing such templates, the Secretary of Labor, in conjunction with the Secretary of Education, will take into account the need to maximize the value of the templates for workers, jobseekers, employers, local elected officials, State officials, Federal policymakers, and other key stakeholders.
</text>
</paragraph>
<paragraph id="HD06E9AC1AD3047EEB7F1447C6F471B1B">
<enum>
(2)
</enum>
<header>
Contents of State performance reports
</header>
<text>
The performance report for a State shall include, subject to paragraph (5)(C)—
</text>
<subparagraph id="HFF782D0BB9934224A2684676E16DE991">
<enum>
(A)
</enum>
<text>
information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) and the State adjusted levels of performance with respect to such indicators for each program;
</text>
</subparagraph>
<subparagraph id="HDF470472796D4634A59B4AA0D7CAACED">
<enum>
(B)
</enum>
<text>
information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) with respect to individuals with barriers to employment, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age;
</text>
</subparagraph>
<subparagraph id="HDC2538232CB042C3900123B49F144CA9">
<enum>
(C)
</enum>
<text>
the total number of participants served by each of the programs described in subsection (b)(3)(A)(ii);
</text>
</subparagraph>
<subparagraph id="HBAA7258C4EB64B8DB82298E5F30E55FD">
<enum>
(D)
</enum>
<text>
the number of participants who received career and training services, respectively, during the most recent program year and the 3 preceding program years, and the amount of funds spent on each type of service;
</text>
</subparagraph>
<subparagraph id="H1E822806F71C43AEBC29000785BAFACE">
<enum>
(E)
</enum>
<text>
the number of participants who exited from career and training services, respectively, during the most recent program year and the 3 preceding program years;
</text>
</subparagraph>
<subparagraph id="H01D80BD3116F4B5DBFC6EF49A2165800">
<enum>
(F)
</enum>
<text>
the average cost per participant of those participants who received career and training services, respectively, during the most recent program year and the 3 preceding program years;
</text>
</subparagraph>
<subparagraph id="H8F66B464C99547849984420683E6F09E">
<enum>
(G)
</enum>
<text>
the percentage of participants in a program authorized under this subtitle who received training services and obtained unsubsidized employment in a field related to the training received;
</text>
</subparagraph>
<subparagraph id="H98CBC3F113CA42C7ACFDA3C661773722">
<enum>
(H)
</enum>
<text>
the number of individuals with barriers to employment served by each of the programs described in subsection (b)(3)(A)(ii), disaggregated by each subpopulation of such individuals;
</text>
</subparagraph>
<subparagraph id="HFB86DB601E9647A1BF9B83E09FC36D45">
<enum>
(I)
</enum>
<text>
the number of participants who are enrolled in more than 1 of the programs described in subsection (b)(3)(A)(ii);
</text>
</subparagraph>
<subparagraph id="HB15BA668C1FC4F698CADDF829229D15A">
<enum>
(J)
</enum>
<text>
the percentage of the State’s annual allotment under section 132(b) that the State spent on administrative costs;
</text>
</subparagraph>
<subparagraph id="H3D4AA14B0F974A4FAB6D248DECC00697">
<enum>
(K)
</enum>
<text>
in the case of a State in which local areas are implementing pay-for-performance contract strategies for programs—
</text>
<clause id="HE24AAF55AFCB46BC968010180ACA1A50">
<enum>
(i)
</enum>
<text>
the performance of service providers entering into contracts for such strategies, measured against the levels of performance specified in the contracts for such strategies; and
</text>
</clause>
<clause id="HA46DE024E4494A09A3142DF4122938DA">
<enum>
(ii)
</enum>
<text>
an evaluation of the design of the programs and performance of the strategies, and, where possible, the level of satisfaction with the strategies among employers and participants benefitting from the strategies; and
</text>
</clause>
</subparagraph>
<subparagraph id="H8070B7F4D41C4A1C8BEF61F1616165EF">
<enum>
(L)
</enum>
<text>
other information that facilitates comparisons of programs with programs in other States.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H28DAF4E3037A473B8DA66A397C19CDE6">
<enum>
(3)
</enum>
<header>
Contents of local area performance reports
</header>
<text>
The performance reports for a local area shall include, subject to paragraph (6)(C)—
</text>
<subparagraph id="H94B2650DCEBD4E1486800D61F2F86EF1">
<enum>
(A)
</enum>
<text>
the information specified in subparagraphs (A) through (L) of paragraph (2), for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii);
</text>
</subparagraph>
<subparagraph id="HEB25A9ABE5634A7A857BEC4DEBD5DC7A">
<enum>
(B)
</enum>
<text>
the percentage of the local area’s allocation under sections 128(b) and 133(b) that the local area spent on administrative costs; and
</text>
</subparagraph>
<subparagraph id="H44E71992670C4F8691E088E8EB180C5C">
<enum>
(C)
</enum>
<text>
other information that facilitates comparisons of programs with programs in other local areas (or planning regions, as appropriate).
</text>
</subparagraph>
</paragraph>
<paragraph id="H0515CBE26A904A61ACAFA917C9E5F305">
<enum>
(4)
</enum>
<header>
Contents of eligible training providers performance reports
</header>
<text>
The performance report for an eligible provider of training services under section 122 shall include, subject to paragraph (6)(C), with respect to each program of study (or the equivalent) of such provider—
</text>
<subparagraph id="HF6C030ECC5094B33AB0C503C4DBBFE40">
<enum>
(A)
</enum>
<text>
information specifying the levels of performance achieved with respect to the primary indicators of performance described in subclauses (I) through (IV) of subsection (b)(2)(A)(i) with respect to all individuals engaging in the program of study (or the equivalent);
</text>
</subparagraph>
<subparagraph id="HF8D7569B58A048A5B928C52D8D30A144">
<enum>
(B)
</enum>
<text>
the total number of individuals exiting from the program of study (or the equivalent);
</text>
</subparagraph>
<subparagraph id="H0EB631AF3F03426B8C3E84FAB9BAC956">
<enum>
(C)
</enum>
<text>
the total number of participants who received training services through each of the adult program and the dislocated worker program authorized under chapter 3 of subtitle B, disaggregated by the type of entity that provided the training, during the most recent program year and the 3 preceding program years;
</text>
</subparagraph>
<subparagraph id="H71DF1693740743158861B25078C9246B">
<enum>
(D)
</enum>
<text>
the total number of participants who exited from training services, disaggregated by the type of entity that provided the training, during the most recent program year and the 3 preceding program years;
</text>
</subparagraph>
<subparagraph id="HE810CCD829974EA7807EAC7019056581">
<enum>
(E)
</enum>
<text>
the average cost per participant for the participants who received training services, disaggregated by the type of entity that provided the training, during the most recent program year and the 3 preceding program years; and
</text>
</subparagraph>
<subparagraph id="H41442E66298940B694E321DB64834F5C">
<enum>
(F)
</enum>
<text>
the number of individuals with barriers to employment served by each of the adult program and the dislocated worker program authorized under chapter 3 of subtitle B, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age.
</text>
</subparagraph>
</paragraph>
<paragraph id="HDC1F34695EFB42D597F1A00F0889199A">
<enum>
(5)
</enum>
<header>
Data validation
</header>
<text>
In preparing the State reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, in conjunction with the Secretary of Education, to ensure the information contained in the reports is valid and reliable.
</text>
</paragraph>
<paragraph id="H5F330C259A5F40929DFBEC4AB4E256B6">
<enum>
(6)
</enum>
<header>
Publication
</header>
<subparagraph id="HBEF6152144614691946A9788AF381281">
<enum>
(A)
</enum>
<header>
State performance reports
</header>
<text>
The Secretary of Labor and the Secretary of Education shall annually make available (including by electronic means), in an easily understandable format, the performance reports for States containing the information described in paragraph (2).
</text>
</subparagraph>
<subparagraph id="H5836CCE82C3F46E9AFA7D8AEC58BE906">
<enum>
(B)
</enum>
<header>
Local area and eligible training provider performance reports
</header>
<text>
The State shall make available (including by electronic means), in an easily understandable format, the performance reports for the local areas containing the information described in paragraph (3) and the performance reports for eligible providers of training services containing the information described in paragraph (4).
</text>
</subparagraph>
<subparagraph id="HC603F02644274F41AADD058FA739210B">
<enum>
(C)
</enum>
<header>
Rules for reporting of data
</header>
<text>
The disaggregation of data under this subsection shall not be required when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant.
</text>
</subparagraph>
<subparagraph id="H2E4919E23BC6410687DE32DA561CC5D7">
<enum>
(D)
</enum>
<header>
Dissemination to congress
</header>
<text>
The Secretary of Labor and the Secretary of Education shall make available (including by electronic means) a summary of the reports, and the reports, required under this subsection to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. The Secretaries shall prepare and make available with the reports a set of recommendations for improvements in and adjustments to pay-for-performance contract strategies used under subtitle B.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H8792B89A6E0F418FB9F39AEE517AA9BD">
<enum>
(e)
</enum>
<header>
Evaluation of State programs
</header>
<paragraph id="HDD74396F9F4B4D49AC33D97CED159672">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Using funds authorized under a core program and made available to carry out this section, the State, in coordination with local boards in the State and the State agencies responsible for the administration of the core programs, shall conduct ongoing evaluations of activities carried out in the State under such programs. The State, local boards, and State agencies shall conduct the evaluations in order to promote, establish, implement, and utilize methods for continuously improving core program activities in order to achieve high-level performance within, and high-level outcomes from, the workforce development system. The State shall coordinate the evaluations with the evaluations provided for by the Secretary of Labor and the Secretary of Education under section 169, section 242(c)(2)(D), and sections 12(a)(5), 14, and 107 of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/709">
29 U.S.C. 709(a)(5)
</external-xref>
, 711, 727) (applied with respect to programs carried out under title I of that Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
)) and the investigations provided for by the Secretary of Labor under section 10(b) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49i">
29 U.S.C. 49i(b)
</external-xref>
).
</text>
</paragraph>
<paragraph id="H10F693304426432EA1610CB04779BBB2">
<enum>
(2)
</enum>
<header>
Design
</header>
<text>
The evaluations conducted under this subsection shall be designed in conjunction with the State board, State agencies responsible for the administration of the core programs, and local boards and shall include analysis of customer feedback and outcome and process measures in the statewide workforce development system. The evaluations shall use designs that employ the most rigorous analytical and statistical methods that are reasonably feasible, such as the use of control groups.
</text>
</paragraph>
<paragraph id="H21AB698FF52E449985EAB899FD673B35">
<enum>
(3)
</enum>
<header>
Results
</header>
<text>
The State shall annually prepare, submit to the State board and local boards in the State, and make available to the public (including by electronic means), reports containing the results of evaluations conducted under this subsection, to promote the efficiency and effectiveness of the workforce development system.
</text>
</paragraph>
<paragraph id="H949E0ACE00E94B70B7A2EF41EF8115EB">
<enum>
(4)
</enum>
<header>
Cooperation with federal evaluations
</header>
<text>
The State shall, to the extent practicable, cooperate in the conduct of evaluations (including related research projects) provided for by the Secretary of Labor or the Secretary of Education under the provisions of Federal law identified in paragraph (1). Such cooperation shall include the provision of data (in accordance with appropriate privacy protections established by the Secretary of Labor), the provision of responses to surveys, and allowing site visits in a timely manner, for the Secretaries or their agents.
</text>
</paragraph>
</subsection>
<subsection id="H7F97D30D0FA24DEAB15BC2328519E30C">
<enum>
(f)
</enum>
<header>
Sanctions for State failure To meet state performance accountability measures
</header>
<paragraph id="H02910F38075B44D38568829B55E6379B">
<enum>
(1)
</enum>
<header>
States
</header>
<subparagraph id="H1CB9F7061EF2403B918E7EFAC72B2DDD">
<enum>
(A)
</enum>
<header>
Technical assistance
</header>
<text>
If a State fails to meet the State adjusted levels of performance relating to indicators described in subsection (b)(2)(A) for a program for any program year, the Secretary of Labor and the Secretary of Education shall provide technical assistance, including assistance in the development of a performance improvement plan.
</text>
</subparagraph>
<subparagraph id="HAE84172AD35D4FC984BCA2DE60D58086">
<enum>
(B)
</enum>
<header>
Reduction in amount of grant
</header>
<text>
If such failure continues for a second consecutive year, or (except in the case of exceptional circumstances as determined by the Secretary of Labor or the Secretary of Education, as appropriate) a State fails to submit a report under subsection (d) for any program year, the percentage of each amount that would (in the absence of this paragraph) be reserved by the Governor under section 128(a) for the immediately succeeding program year shall be reduced by 5 percentage points until such date as the Secretary of Labor or the Secretary of Education, as appropriate, determines that the State meets such State adjusted levels of performance and has submitted such reports for the appropriate program years.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HFB0A16507DB34742B17ED23A2456561F">
<enum>
(g)
</enum>
<header>
Sanctions for local area failure To meet local performance accountability measures
</header>
<paragraph id="H4E633EA30E9B4F5FAD745924953D6CAF">
<enum>
(1)
</enum>
<header>
Technical assistance
</header>
<text>
If a local area fails to meet local performance accountability measures established under subsection (c) for the youth, adult, or dislocated worker program authorized under chapter 2 or 3 of subtitle B for a program described in subsection (d)(2)(A) for any program year, the Governor, or upon request by the Governor, the Secretary of Labor, shall provide technical assistance, which may include assistance in the development of a performance improvement plan or the development of a modified local plan (or regional plan).
</text>
</paragraph>
<paragraph id="HED2474DA9D3140438D086A138686CB7A">
<enum>
(2)
</enum>
<header>
Corrective actions
</header>
<subparagraph id="H4E38598FA06B4CD7A784478E815D8A2C">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
If such failure continues for a third consecutive year, the Governor shall take corrective actions, which shall include development of a reorganization plan through which the Governor shall—
</text>
<clause id="H73E141CE84304AA2A4A1C52BF77335A5">
<enum>
(i)
</enum>
<text>
require the appointment and certification of a new local board, consistent with the criteria established under section 107(b);
</text>
</clause>
<clause id="HCBB9EAF32C2E470499FBEB3AB9E2E5F2">
<enum>
(ii)
</enum>
<text>
prohibit the use of eligible providers and one-stop partners identified as achieving a poor level of performance; or
</text>
</clause>
<clause id="HAB6B5B3EBA2741E892167B87CFC82658">
<enum>
(iii)
</enum>
<text>
take such other significant actions as the Governor determines are appropriate.
</text>
</clause>
</subparagraph>
<subparagraph id="HADBE9E592075423EB58B53F4B51683E7">
<enum>
(B)
</enum>
<header>
Appeal by local area
</header>
<clause id="H8553FA5115404D3D814B7778EB74BB28">
<enum>
(i)
</enum>
<header>
Appeal to Governor
</header>
<text>
The local board and chief elected official for a local area that is subject to a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan. In such case, the Governor shall make a final decision not later than 30 days after the receipt of the appeal.
</text>
</clause>
<clause id="HB56E5490076F4BCFAE70CF2EE6E31CA0">
<enum>
(ii)
</enum>
<header>
Subsequent action
</header>
<text>
The local board and chief elected official for a local area may, not later than 30 days after receiving a decision from the Governor pursuant to clause (i), appeal such decision to the Secretary of Labor. In such case, the Secretary shall make a final decision not later than 30 days after the receipt of the appeal.
</text>
</clause>
</subparagraph>
<subparagraph id="HEE8C91AD96C14C9097A8FEB8FF414305">
<enum>
(C)
</enum>
<header>
Effective date
</header>
<text>
The decision made by the Governor under subparagraph (B)(i) shall become effective at the time the Governor issues the decision pursuant to such clause. Such decision shall remain effective unless the Secretary of Labor rescinds or revises such plan pursuant to subparagraph (B)(ii).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H0728BDDD7B9746B1A66E8578550A7DDD">
<enum>
(h)
</enum>
<header>
Establishing Pay-for-Performance Contract Strategy Incentives
</header>
<text>
Using non-Federal funds, the Governor may establish incentives for local boards to implement pay-for-performance contract strategies for the delivery of training services described in section 134(c)(3) or activities described in section 129(c)(2) in the local areas served by the local boards.
</text>
</subsection>
<subsection id="H8BBD410C2E714C00B2CC659868A6C99A">
<enum>
(i)
</enum>
<header>
Fiscal and management accountability information systems
</header>
<paragraph id="H3B77C1EC7F054EDABA3E610DC742CD4C">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Using funds authorized under a core program and made available to carry out this chapter, the Governor, in coordination with the State board, the State agencies administering the core programs, local boards, and chief elected officials in the State, shall establish and operate a fiscal and management accountability information system based on guidelines established by the Secretary of Labor and the Secretary of Education after consultation with the Governors of States, chief elected officials, and one-stop partners. Such guidelines shall promote efficient collection and use of fiscal and management information for reporting and monitoring the use of funds authorized under the core programs and for preparing the annual report described in subsection (d).
</text>
</paragraph>
<paragraph id="HCFA7E0CA68A84432A54C556198743D61">
<enum>
(2)
</enum>
<header>
Wage records
</header>
<text>
In measuring the progress of the State on State and local performance accountability measures, a State shall utilize quarterly wage records, consistent with State law. The Secretary of Labor shall make arrangements, consistent with State law, to ensure that the wage records of any State are available to any other State to the extent that such wage records are required by the State in carrying out the State plan of the State or completing the annual report described in subsection (d).
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H3B65B7FD3FC346C0A9471A43E37C32BF">
<enum>
(3)
</enum>
<header>
Confidentiality
</header>
<text>
In carrying out the requirements of this Act, the State shall comply with section 444 of the General Education Provisions Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1232g">
20 U.S.C. 1232g
</external-xref>
).
</text>
</paragraph>
</subsection>
</section>
</chapter>
</subtitle>
<subtitle id="H13E688D3FF344F97B3D9178535E24A9D">
<enum>
B
</enum>
<header>
Workforce investment activities and providers
</header>
<chapter id="H2AB9AF53A92B4B289610548CF5B15E60">
<enum>
1
</enum>
<header>
Workforce investment activities and providers
</header>
<section id="H00A354DC4ABD42D78FC2DCF8F2414B3A">
<enum>
121.
</enum>
<header>
Establishment of one-stop delivery systems
</header>
<subsection id="HB11426BABE724C66AD6AF6C56C40879A">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Consistent with an approved State plan, the local board for a local area, with the agreement of the chief elected official for the local area, shall—
</text>
<paragraph id="H1030D93BBF8043A4AA9220E618284CD0">
<enum>
(1)
</enum>
<text>
develop and enter into the memorandum of understanding described in subsection (c) with one-stop partners;
</text>
</paragraph>
<paragraph id="HFDA7EE0F458C4F6490B56B49E3FF2D6B">
<enum>
(2)
</enum>
<text>
designate or certify one-stop operators under subsection (d); and
</text>
</paragraph>
<paragraph id="H4473ECFC9CA14173B53CDD3C57A165ED">
<enum>
(3)
</enum>
<text>
conduct oversight with respect to the one-stop delivery system in the local area.
</text>
</paragraph>
</subsection>
<subsection id="H4F84A00236DE4D7DA9230A1F9171823E">
<enum>
(b)
</enum>
<header>
One-stop partners
</header>
<paragraph id="H85BDB7A4168D42F9B9C34C899625F37D">
<enum>
(1)
</enum>
<header>
Required partners
</header>
<subparagraph id="H97F18567B28D450DA2504C0085F44958">
<enum>
(A)
</enum>
<header>
Roles and responsibilities of one-stop partners
</header>
<text>
Each entity that carries out a program or activities described in subparagraph (B) in a local area shall—
</text>
<clause id="H2F98B5FB821947BA94D7769DA7DFECAA">
<enum>
(i)
</enum>
<text>
provide access through the one-stop delivery system to such program or activities carried out by the entity, including making the career services described in section 134(c)(2) that are applicable to the program or activities available at the one-stop centers (in addition to any other appropriate locations);
</text>
</clause>
<clause id="H313EEB9975C24166A328CC0D83F13946">
<enum>
(ii)
</enum>
<text>
use a portion of the funds available for the program and activities to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h);
</text>
</clause>
<clause id="H6FDCC01EAB7946BFB24E5B0BF7E4BB58">
<enum>
(iii)
</enum>
<text>
enter into a local memorandum of understanding with the local board, relating to the operation of the one-stop system, that meets the requirements of subsection (c);
</text>
</clause>
<clause id="HAE236841BD1C4FF589DB624F30D1A0E1">
<enum>
(iv)
</enum>
<text>
participate in the operation of the one-stop system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the program or activities; and
</text>
</clause>
<clause id="H88105759BFEE4A469FCA422520F3D932">
<enum>
(v)
</enum>
<text>
provide representation on the State board to the extent provided under section 101.
</text>
</clause>
</subparagraph>
<subparagraph id="H53D09C2983724377819F586C3A1B4C5B">
<enum>
(B)
</enum>
<header>
Programs and activities
</header>
<text>
The programs and activities referred to in subparagraph (A) consist of—
</text>
<clause id="H0F9B327D4F7D4EE190A97BA1E6BAB4A0">
<enum>
(i)
</enum>
<text>
programs authorized under this title;
</text>
</clause>
<clause id="H2A5B9B5BE35E47A88900930B791F89A9">
<enum>
(ii)
</enum>
<text>
programs authorized under the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
);
</text>
</clause>
<clause id="H1710D692E1D048AF999AFDA334D839D4">
<enum>
(iii)
</enum>
<text>
adult education and literacy activities authorized under title II;
</text>
</clause>
<clause id="HB35ED21AACC244B281AC3726F87F8F9F">
<enum>
(iv)
</enum>
<text>
programs authorized under title I of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
) (other than section 112 or part C of title I of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741);
</text>
</clause>
<clause id="HE68F8D34A2A243F5AE1F8E71B79A049A">
<enum>
(v)
</enum>
<text>
activities authorized under title V of the Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056">
42 U.S.C. 3056 et seq.
</external-xref>
);
</text>
</clause>
<clause id="HFE2385FF97044773936C42AF52FAF181">
<enum>
(vi)
</enum>
<text>
career and technical education programs at the postsecondary level authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2301">
20 U.S.C. 2301 et seq.
</external-xref>
);
</text>
</clause>
<clause id="H4BA46CA68596408A94F3AAC4C5000875">
<enum>
(vii)
</enum>
<text>
activities authorized under chapter 2 of title II of the Trade Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/19/2271">
19 U.S.C. 2271 et seq.
</external-xref>
);
</text>
</clause>
<clause id="H726AE39C7940430C9EAAFDC77EED2D81">
<enum>
(viii)
</enum>
<text>
activities authorized under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/41">
chapter 41
</external-xref>
of title 38, United States Code;
</text>
</clause>
<clause id="HF07B4C61C69F4FCFA961A35E714B8157">
<enum>
(ix)
</enum>
<text>
employment and training activities carried out under the Community Services Block Grant Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/9901">
42 U.S.C. 9901 et seq.
</external-xref>
);
</text>
</clause>
<clause id="HC612FC16D49E4FE18B225E3949DA4F0C">
<enum>
(x)
</enum>
<text>
employment and training activities carried out by the Department of Housing and Urban Development;
</text>
</clause>
<clause id="H8F5D6BCADE1F401DACDD55AEBFED6160">
<enum>
(xi)
</enum>
<text>
programs authorized under State unemployment compensation laws (in accordance with applicable Federal law);
</text>
</clause>
<clause id="HFAE622BF3AE04A8BA28BC9565C61F5E5">
<enum>
(xii)
</enum>
<text>
programs authorized under section 212 of the Second Chance Act of 2007 (
<external-xref legal-doc="usc" parsable-cite="usc/42/17532">
42 U.S.C. 17532
</external-xref>
); and
</text>
</clause>
<clause id="H9D33C39F7F314388AA58A8CE27C09A51">
<enum>
(xiii)
</enum>
<text>
programs authorized under part A of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/601">
42 U.S.C. 601 et seq.
</external-xref>
), subject to subparagraph (C).
</text>
</clause>
</subparagraph>
<subparagraph id="H1E8258FFD32E49C28D0398197D14A190">
<enum>
(C)
</enum>
<header>
Determination by the Governor
</header>
<clause id="H4BA2C1E51CB54F90AF253B74B820BD2F">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
An entity that carries out a program referred to in subparagraph (B)(xiii) shall be included in the one-stop partners for the local area, as a required partner, for purposes of this Act and the other core program provisions that are not part of this Act, unless the Governor provides the notification described in clause (ii).
</text>
</clause>
<clause id="H2E77A044C9344D9AB0BA19C733AEFF2B">
<enum>
(ii)
</enum>
<header>
Notification
</header>
<text>
The notification referred to in clause (i) is a notification that—
</text>
<subclause id="H6F0A22D8431C4A0EBC4E5A727FEC0C52">
<enum>
(I)
</enum>
<text>
is made in writing of a determination by the Governor not to include such entity in the one-stop partners described in clause (i); and
</text>
</subclause>
<subclause id="H1A56AB5CC7E442FF9CAF18DC5B08382D">
<enum>
(II)
</enum>
<text>
is provided to the Secretary of Labor (referred to in this subtitle, and subtitles C through E, as the
<quote>
Secretary
</quote>
) and the Secretary of Health and Human Services.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H504F1B42F1E24A5D9F5B454544B480AA">
<enum>
(2)
</enum>
<header>
Additional partners
</header>
<subparagraph id="H55B4C0C2FBD74D768FCB6B027D33AE11">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
With the approval of the local board and chief elected official, in addition to the entities described in paragraph (1), other entities that carry out workforce development programs described in subparagraph (B) may be one-stop partners for the local area and carry out the responsibilities described in paragraph (1)(A).
</text>
</subparagraph>
<subparagraph id="H94B1BDE8EFE94B65AEFAB66574C5AE9E">
<enum>
(B)
</enum>
<header>
Programs
</header>
<text>
The programs referred to in subparagraph (A) may include—
</text>
<clause id="H8E956EDDAAEA4ACB9A114D5893DCF60C">
<enum>
(i)
</enum>
<text>
employment and training programs administered by the Social Security Administration, including the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1320b-19">
42 U.S.C. 1320b–19
</external-xref>
);
</text>
</clause>
<clause id="HF4873AED4C6A4C1BB49321F0E54D5CCE">
<enum>
(ii)
</enum>
<text>
employment and training programs carried out by the Small Business Administration;
</text>
</clause>
<clause id="H07EA8ECCC9A4484C844CEABCBD4D4497">
<enum>
(iii)
</enum>
<text>
programs authorized under section 6(d)(4) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2015">
7 U.S.C. 2015(d)(4)
</external-xref>
);
</text>
</clause>
<clause id="HC6B13553BD8A4834B774432FFED51495">
<enum>
(iv)
</enum>
<text>
work programs authorized under section 6(o) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2015">
7 U.S.C. 2015(o)
</external-xref>
);
</text>
</clause>
<clause id="H916D23367EC442A98CC12C77DC970368">
<enum>
(v)
</enum>
<text>
programs carried out under section 112 of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
);
</text>
</clause>
<clause id="H1CF23A6992A4426BA83006B41F439FB1">
<enum>
(vi)
</enum>
<text>
programs authorized under the National and Community Service Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12501">
42 U.S.C. 12501 et seq.
</external-xref>
); and
</text>
</clause>
<clause id="HB00D0D799BB84B4FBAD6C78DF8BBE626">
<enum>
(vii)
</enum>
<text>
other appropriate Federal, State, or local programs, including employment, education, and training programs provided by public libraries or in the private sector.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H3A22281C740542D190E019AA42AF8F63">
<enum>
(c)
</enum>
<header>
Memorandum of understanding
</header>
<paragraph id="HACCB3DFD55EE45A6AA268AE08BA37694">
<enum>
(1)
</enum>
<header>
Development
</header>
<text>
The local board, with the agreement of the chief elected official, shall develop and enter into a memorandum of understanding (between the local board and the one-stop partners), consistent with paragraph (2), concerning the operation of the one-stop delivery system in the local area.
</text>
</paragraph>
<paragraph id="H1D68FB97F3BD4BDDA5934BDC21DCBFE7">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
Each memorandum of understanding shall contain—
</text>
<subparagraph id="H90561F87DA134677B8151CC75B9A8AA9">
<enum>
(A)
</enum>
<text>
provisions describing—
</text>
<clause id="HB92BDDB531AC41A4824425790523C413">
<enum>
(i)
</enum>
<text>
the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated and delivered through such system;
</text>
</clause>
<clause id="HE5A98C39AF9D446FB24674AA58273357">
<enum>
(ii)
</enum>
<text>
how the costs of such services and the operating costs of such system will be funded, including—
</text>
<subclause id="HEDEDA13C58834E088D64CAA578D97CF6">
<enum>
(I)
</enum>
<text>
funding through cash and in-kind contributions (fairly evaluated), which contributions may include funding from philanthropic organizations or other private entities, or through other alternative financing options, to provide a stable and equitable funding stream for ongoing one-stop delivery system operations; and
</text>
</subclause>
<subclause id="H19C29F4E04B745BBBB409A7A161582BC">
<enum>
(II)
</enum>
<text>
funding of the infrastructure costs of one-stop centers in accordance with subsection (h);
</text>
</subclause>
</clause>
<clause id="H2C8E55486CA44F9F9BED21CE1709262E">
<enum>
(iii)
</enum>
<text>
methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities;
</text>
</clause>
<clause id="HD330D7E2C89F4A45ADA8D7A9CD53EA4C">
<enum>
(iv)
</enum>
<text>
methods to ensure the needs of workers and youth, and individuals with barriers to employment, including individuals with disabilities, are addressed in the provision of necessary and appropriate access to services, including access to technology and materials, made available through the one-stop delivery system; and
</text>
</clause>
<clause id="H53F3E707F46D400BA8D9272350F2FB32">
<enum>
(v)
</enum>
<text>
the duration of the memorandum of understanding and the procedures for amending the memorandum during the duration of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and
</text>
</clause>
</subparagraph>
<subparagraph id="H09714A79DFE146B89A0B1EF21DD4B177">
<enum>
(B)
</enum>
<text>
such other provisions, consistent with the requirements of this title, as the parties to the agreement determine to be appropriate.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H802CEB1F5F0D4B23B3AB7E74C735C273">
<enum>
(d)
</enum>
<header>
One-stop operators
</header>
<paragraph id="HD8BBE09BF003440081470AA6B080F78E">
<enum>
(1)
</enum>
<header>
Local designation and certification
</header>
<text>
Consistent with paragraphs (2) and (3), the local board, with the agreement of the chief elected official, is authorized to designate or certify one-stop operators and to terminate for cause the eligibility of such operators.
</text>
</paragraph>
<paragraph id="H3E5A46A68FF341F4AA353E1FC1F5C10F">
<enum>
(2)
</enum>
<header>
Eligibility
</header>
<text>
To be eligible to receive funds made available under this subtitle to operate a one-stop center referred to in subsection (e), an entity (which may be a consortium of entities)—
</text>
<subparagraph id="H5AF05786DBCB452481410846FCAD6E88">
<enum>
(A)
</enum>
<text>
shall be designated or certified as a one-stop operator through a competitive process; and
</text>
</subparagraph>
<subparagraph id="H4D8EDC3849D54B03B079D7C297D2CDF8">
<enum>
(B)
</enum>
<text>
shall be an entity (public, private, or nonprofit), or consortium of entities (including a consortium of entities that, at a minimum, includes 3 or more of the one-stop partners described in subsection (b)(1)), of demonstrated effectiveness, located in the local area, which may include—
</text>
<clause id="HD7F20639A0384A59B90874BA95749D65">
<enum>
(i)
</enum>
<text>
an institution of higher education;
</text>
</clause>
<clause id="H7469AC28352F49049C933B6C7E2A591B">
<enum>
(ii)
</enum>
<text>
an employment service State agency established under the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
), on behalf of the local office of the agency;
</text>
</clause>
<clause id="H44F87C64875E41D0BC32E98DC16BD75E">
<enum>
(iii)
</enum>
<text>
a community-based organization, nonprofit organization, or intermediary;
</text>
</clause>
<clause id="H3ABA78489DC1440E8A219CFC78FCCD67">
<enum>
(iv)
</enum>
<text>
a private for-profit entity;
</text>
</clause>
<clause id="H227D8718DCA245D49C0CD6F8646D5B17">
<enum>
(v)
</enum>
<text>
a government agency; and
</text>
</clause>
<clause id="HD701640D37FE4D808D68D5F5DF66D8A0">
<enum>
(vi)
</enum>
<text>
another interested organization or entity, which may include a local chamber of commerce or other business organization, or a labor organization.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H73D0EC74173A46899832A6F7EC35C707">
<enum>
(3)
</enum>
<header>
Exception
</header>
<text>
Elementary schools and secondary schools shall not be eligible for designation or certification as one-stop operators, except that nontraditional public secondary schools and area career and technical education schools may be eligible for such designation or certification.
</text>
</paragraph>
<paragraph id="H5A2B99AFF3EA4649B16D8D842D5CAF09">
<enum>
(4)
</enum>
<header>
Additional requirements
</header>
<text>
The State and local boards shall ensure that in carrying out activities under this title, one-stop operators—
</text>
<subparagraph id="HE48FF358A29347479BA72C176C7C680A">
<enum>
(A)
</enum>
<text>
disclose any potential conflicts of interest arising from the relationships of the operators with particular training service providers or other service providers;
</text>
</subparagraph>
<subparagraph id="HAFB894FDF9F04A02A090F9857860F829">
<enum>
(B)
</enum>
<text>
do not establish practices that create disincentives to providing services to individuals with barriers to employment who may require longer-term services, such as intensive employment, training, and education services; and
</text>
</subparagraph>
<subparagraph id="HC37FAAE624364B27A9AA6B2E9A209C1D">
<enum>
(C)
</enum>
<text>
comply with Federal regulations, and procurement policies, relating to the calculation and use of profits.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H551A527EE63846ECAF6457DAFB9CAA7D">
<enum>
(e)
</enum>
<header>
Establishment of one-stop delivery system
</header>
<paragraph id="H3E738DC9DB8C49A89D59E0A9F06CEF04">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
There shall be established in each local area in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall—
</text>
<subparagraph id="HFF93279BC3B84D93940FE221C685530B">
<enum>
(A)
</enum>
<text>
provide the career services described in section 134(c)(2);
</text>
</subparagraph>
<subparagraph id="HF165351F53174A44BA601A47EB1D5DE0">
<enum>
(B)
</enum>
<text>
provide access to training services as described in section 134(c)(3), including serving as the point of access to training services for participants in accordance with section 134(c)(3)(G);
</text>
</subparagraph>
<subparagraph id="HF8B596B786AD4A069A39A4572AA1040A">
<enum>
(C)
</enum>
<text>
provide access to the employment and training activities carried out under section 134(d), if any;
</text>
</subparagraph>
<subparagraph id="H26F0EF48AFE542E5A1E34A8A4408B19D">
<enum>
(D)
</enum>
<text>
provide access to programs and activities carried out by one-stop partners described in subsection (b); and
</text>
</subparagraph>
<subparagraph id="HF302A9366F4D42629257AD16D5965268">
<enum>
(E)
</enum>
<text>
provide access to the data, information, and analysis described in section 15(a) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(a)
</external-xref>
) and all job search, placement, recruitment, and other labor exchange services authorized under the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
).
</text>
</subparagraph>
</paragraph>
<paragraph id="H0CE2B4146EA54BE497623C7E3DF3A5E3">
<enum>
(2)
</enum>
<header>
One-stop delivery
</header>
<text>
The one-stop delivery system—
</text>
<subparagraph id="H80E15EDF228048B09BCB2956914096DC">
<enum>
(A)
</enum>
<text>
at a minimum, shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than 1 physical center in each local area of the State; and
</text>
</subparagraph>
<subparagraph id="H29EFB11AB95440E68B69FA8B3FA9AF0A">
<enum>
(B)
</enum>
<text>
may also make programs, services, and activities described in paragraph (1) available—
</text>
<clause id="HFA6882BA31004691AC1578BB27834AA8">
<enum>
(i)
</enum>
<text>
through a network of affiliated sites that can provide 1 or more of the programs, services, and activities to individuals; and
</text>
</clause>
<clause id="HE09759273B624B36827E1E2D120048BF">
<enum>
(ii)
</enum>
<text>
through a network of eligible one-stop partners—
</text>
<subclause id="H3673714C02E54B968EEB1B24AC4FB33D">
<enum>
(I)
</enum>
<text>
in which each partner provides 1 or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically or technologically linked access point; and
</text>
</subclause>
<subclause id="HE51BD917B5D94DB7AFFB4E58C723C01C">
<enum>
(II)
</enum>
<text>
that assures individuals that information on the availability of the career services will be available regardless of where the individuals initially enter the statewide workforce development system, including information made available through an access point described in subclause (I);
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HCF3EF35CB62F467B8A13F089E4BC6E10">
<enum>
(C)
</enum>
<text>
may have specialized centers to address special needs, such as the needs of dislocated workers, youth, or key industry sectors or clusters; and
</text>
</subparagraph>
<subparagraph id="HAB7D22C2315C4111A5E18D600EB41505">
<enum>
(D)
</enum>
<text>
as applicable and practicable, shall make programs, services, and activities accessible to individuals through electronic means in a manner that improves efficiency, coordination, and quality in the delivery of one-stop partner services.
</text>
</subparagraph>
</paragraph>
<paragraph id="H927E419317DB4AA1AD6E23491899CC91">
<enum>
(3)
</enum>
<header>
Colocation of wagner-peyser services
</header>
<text>
Consistent with section 3(d) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49b">
29 U.S.C. 49b(d)
</external-xref>
), and in order to improve service delivery, avoid duplication of services, and enhance coordination of services, including location of staff to ensure access to services in underserved areas, the employment service offices in each State shall be colocated with one-stop centers established under this title.
</text>
</paragraph>
<paragraph commented="no" id="H02B0FDB4E0E942128985E09DFD608346">
<enum>
(4)
</enum>
<header>
Use of common one-stop delivery system identifier
</header>
<text>
In addition to using any State or locally developed identifier, each one-stop delivery system shall include in the identification of products, programs, activities, services, facilities, and related property and materials, a common one-stop delivery system identifier. The identifier shall be developed by the Secretary, in consultation with heads of other appropriate departments and agencies, and representatives of State boards and local boards and of other stakeholders in the one-stop delivery system, not later than the beginning of the second full program year after the date of enactment of this Act. Such common identifier may consist of a logo, phrase, or other identifier that informs users of the one-stop delivery system that such products, programs, activities, services, facilities, property, or materials are being provided through such system. Nothing in this paragraph shall be construed to prohibit one-stop partners, States, or local areas from having additional identifiers.
</text>
</paragraph>
</subsection>
<subsection id="H2EB79D0554CA4399A6EC187E41C9FABC">
<enum>
(f)
</enum>
<header>
Application to certain vocational rehabilitation programs
</header>
<paragraph id="H80875A94B67843B39914B02EB3D28EA3">
<enum>
(1)
</enum>
<header>
Limitation
</header>
<text>
Nothing in this section shall be construed to apply to part C of title I of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/741">
29 U.S.C. 741
</external-xref>
).
</text>
</paragraph>
<paragraph id="H2D978F00A2B5474DA2C99DA1709492F8">
<enum>
(2)
</enum>
<header>
Client assistance
</header>
<text>
Nothing in this Act shall be construed to require that any entity carrying out a client assistance program authorized under section 112 of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
)—
</text>
<subparagraph id="HC91ACC604DAA416A97180284BB34E314">
<enum>
(A)
</enum>
<text>
be included as a mandatory one-stop partner under subsection (b)(1); or
</text>
</subparagraph>
<subparagraph id="H983F495D5E014FFE94CB4F5FDF4F2DB3">
<enum>
(B)
</enum>
<text>
if the entity is included as an additional one-stop partner under subsection (b)(2)—
</text>
<clause id="H69E1626E680442FF969B26749B10FC03">
<enum>
(i)
</enum>
<text>
violate the requirement of section 112(c)(1)(A) of that Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732(c)(1)(A)
</external-xref>
) that the entity be independent of any agency that provides treatment, services, or rehabilitation to individuals under that Act; or
</text>
</clause>
<clause id="HF1C144C699F645C38FDE569665035E0A">
<enum>
(ii)
</enum>
<text>
carry out any activity not authorized under section 112 of that Act (including appropriate Federal regulations).
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HED3C238E381544EEB1AA834A1589BC6B">
<enum>
(g)
</enum>
<header>
Certification and continuous improvement of one-stop centers
</header>
<paragraph id="H961BBA13DFCB4720B49F838C87978BAF">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
In order to be eligible to receive infrastructure funding described in subsection (h), the State board, in consultation with chief elected officials and local boards, shall establish objective criteria and procedures for use by local boards in assessing at least once every 3 years the effectiveness, physical and programmatic accessibility in accordance with section 188, if applicable, and the Americans with Disabilities Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12101">
42 U.S.C. 12101 et seq.
</external-xref>
), and continuous improvement of one-stop centers and the one-stop delivery system, consistent with the requirements of section 101(d)(6).
</text>
</paragraph>
<paragraph id="H11520D48B1F2473E88C394C0F1B71F5D">
<enum>
(2)
</enum>
<header>
Criteria
</header>
<text>
The criteria and procedures developed under this subsection shall include standards relating to service coordination achieved by the one-stop delivery system with respect to the programs administered by the one-stop partners at the one-stop centers. Such criteria and procedures shall—
</text>
<subparagraph id="H6D4B1E850DF04F7281D3E1FFE077715D">
<enum>
(A)
</enum>
<text>
be developed in a manner that is consistent with the guidelines, guidance, and policies provided by the Governor and by the State board, in consultation with the chief elected officials and local boards, for such partners’ participation under subsections (h)(1) and (i); and
</text>
</subparagraph>
<subparagraph id="H02B75F876A734C5F88A8ED0639611330">
<enum>
(B)
</enum>
<text>
include such factors relating to the effectiveness, accessibility, and improvement of the one-stop delivery system as the State board determines to be appropriate, including at a minimum how well the one-stop center—
</text>
<clause id="H69FAAAA92E5B43DC9735BBC1179C395C">
<enum>
(i)
</enum>
<text>
supports the achievement of the negotiated local levels of performance for the indicators of performance described in section 116(b)(2) for the local area;
</text>
</clause>
<clause id="H3A16DF3026984FABAE10E46AC04AD7E9">
<enum>
(ii)
</enum>
<text>
integrates available services; and
</text>
</clause>
<clause id="H68A04591A29F430CB1A9405B1C095676">
<enum>
(iii)
</enum>
<text>
meets the workforce development and employment needs of local employers and participants.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H7E59AF99223046AF82B46DE6205E30FC">
<enum>
(3)
</enum>
<header>
Local criteria
</header>
<text>
Consistent with the criteria developed under paragraph (1) by the State, a local board in the State may develop additional criteria (or higher levels of service coordination than required for the State-developed criteria) relating to service coordination achieved by the one-stop delivery system, for purposes of assessments described in paragraph (1), in order to respond to labor market, economic, and demographic, conditions and trends in the local area.
</text>
</paragraph>
<paragraph id="HEFFA0DE55A2347FBACB6FF4232C51DF7">
<enum>
(4)
</enum>
<header>
Effect of certification
</header>
<text>
One-stop centers certified under this subsection shall be eligible to receive the infrastructure funding described in subsection (h).
</text>
</paragraph>
<paragraph id="HF3346401CF3D4709825B78AF69B3F946">
<enum>
(5)
</enum>
<header>
Review and update
</header>
<text>
The criteria and procedures established under this subsection shall be reviewed and updated by the State board or the local board, as the case may be, as part of the biennial process for review and modification of State and local plans described in sections 102(c)(2) and 108(a).
</text>
</paragraph>
</subsection>
<subsection id="H67398BDFB8354BD384044CD2A8A58E68">
<enum>
(h)
</enum>
<header>
Funding of one-stop infrastructure
</header>
<paragraph id="H0716B8520C484591A3E147B720DDEF6E">
<enum>
(1)
</enum>
<header>
In general
</header>
<subparagraph id="H45A6C5181F4A4704B8FBAF25A0D924CD">
<enum>
(A)
</enum>
<header>
Options for infrastructure funding
</header>
<clause id="H1671E9D3EE7546A29097371CC6CDAC12">
<enum>
(i)
</enum>
<header>
Local options
</header>
<text>
The local board, chief elected officials, and one-stop partners described in subsection (b)(1) in a local area may fund the costs of infrastructure of one-stop centers in the local area through—
</text>
<subclause id="HB76CA42A582C4827A018444D57C8A207">
<enum>
(I)
</enum>
<text>
methods agreed on by the local board, chief elected officials, and one-stop partners (and described in the memorandum of understanding described in subsection (c)); or
</text>
</subclause>
<subclause id="H6004DF162D90469FB01DE6A6A53B70E6">
<enum>
(II)
</enum>
<text>
if no consensus agreement on methods is reached under subclause (I), the State infrastructure funding mechanism described in paragraph (2).
</text>
</subclause>
</clause>
<clause id="HAAEDD6C00B1647B1A104E1D266B31AD4">
<enum>
(ii)
</enum>
<header>
Failure to reach consensus agreement on funding methods
</header>
<text>
Beginning July 1, 2016, if the local board, chief elected officials, and one-stop partners described in subsection (b)(1) in a local area fail to reach consensus agreement on methods of sufficiently funding the costs of infrastructure of one-stop centers for a program year, the State infrastructure funding mechanism described in paragraph (2) shall be applicable to such local area for that program year and for each subsequent program year for which those entities and individuals fail to reach such agreement.
</text>
</clause>
</subparagraph>
<subparagraph id="HDAD1EF5F9296427E81ECB31A5E8FB3AC">
<enum>
(B)
</enum>
<header>
Guidance for infrastructure funding
</header>
<text>
In addition to carrying out the requirements relating to the State infrastructure funding mechanism described in paragraph (2), the Governor, after consultation with chief elected officials, local boards, and the State board, and consistent with the guidance and policies provided by the State board under subparagraphs (B) and (C)(i) of section 101(d)(7), shall provide, for the use of local areas under subparagraph (A)(i)(I)—
</text>
<clause id="HFF2D1D49EF4647DFA657C183C28D0F8E">
<enum>
(i)
</enum>
<text>
guidelines for State-administered one-stop partner programs, for determining such programs’ contributions to a one-stop delivery system, based on such programs' proportionate use of such system consistent with chapter II of title 2, Code of Federal Regulations (or any corresponding similar regulation or ruling), including determining funding for the costs of infrastructure, which contributions shall be negotiated pursuant to the memorandum of understanding under subsection (c); and
</text>
</clause>
<clause id="H10C9D0506944484ABAB406DA29BBA026">
<enum>
(ii)
</enum>
<text>
guidance to assist local boards, chief elected officials, and one-stop partners in local areas in determining equitable and stable methods of funding the costs of infrastructure of one-stop centers in such areas.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H68C9E521544A46B08D68DA2B179B846E">
<enum>
(2)
</enum>
<header>
State one-stop infrastructure funding
</header>
<subparagraph id="H0078EBDC7EC9412E802CAE05698BB281">
<enum>
(A)
</enum>
<header>
Definition
</header>
<text>
In this paragraph, the term
<term>
covered portion
</term>
, used with respect to funding for a fiscal year for a program described in subsection (b)(1), means a portion determined under subparagraph (C) of the Federal funds provided to a State (including local areas within the State) under the Federal law authorizing that program described in subsection (b)(1) for the fiscal year (taking into account the availability of funding for purposes related to infrastructure from philanthropic organizations, private entities, or other alternative financing options).
</text>
</subparagraph>
<subparagraph id="H108944ECD99E4143929A2BBD23292869">
<enum>
(B)
</enum>
<header>
Partner contributions
</header>
<text>
Subject to subparagraph (D), for local areas in a State that are not covered by paragraph (1)(A)(i)(I), the covered portions of funding for a fiscal year shall be provided to the Governor from the programs described in subsection (b)(1), to assist in paying the costs of infrastructure of one-stop centers in those local areas of the State not adequately funded under the option described in paragraph (1)(A)(i)(I).
</text>
</subparagraph>
<subparagraph id="H4B5EDD10DEE2486D904B1646F705DA9B">
<enum>
(C)
</enum>
<header>
Determination of Governor
</header>
<clause id="HB371E1C37C474A1CAA2E539D2AC7D0EA">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
Subject to clause (ii) and subparagraph (D), the Governor, after consultation with chief elected officials, local boards, and the State board, shall determine the portion of funds to be provided under subparagraph (B) by each one-stop partner from each program described in subparagraph (B). In making such determination for the purpose of determining funding contributions, for funding pursuant to clause (i)(II) or (ii) of paragraph (1)(A) by each partner, the Governor shall calculate amounts for the proportionate use of the one-stop centers in the State, consistent with chapter II of title 2, Code of Federal Regulations (or any corresponding similar regulation or ruling), taking into account the costs of administration of the one-stop delivery system for purposes not related to one-stop centers, for each partner. The Governor shall exclude from such determination of funds the amounts for proportionate use of one-stop centers attributable to the programs of one-stop partners for those local areas of the State where the costs of infrastructure of one-stop centers are funded under the option described in paragraph (1)(A)(i)(I). The Governor shall also take into account the statutory requirements for each partner program and the partner program’s ability to fulfill such requirements.
</text>
</clause>
<clause id="H64154FDF509E4098813042792D5166B3">
<enum>
(ii)
</enum>
<header>
Special rule
</header>
<text>
In a State in which the State constitution or a State statute places policymaking authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title II, postsecondary career and technical education activities authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2301">
20 U.S.C. 2301 et seq.
</external-xref>
), or vocational rehabilitation services offered under a provision covered by section 3(13)(D), the determination described in clause (i) with respect to the programs authorized under that title, Act, or provision shall be made by the chief officer of the entity, or the official, with such authority in consultation with the Governor.
</text>
</clause>
</subparagraph>
<subparagraph id="HB674554B67D1473E87E7FB3B84BF5279">
<enum>
(D)
</enum>
<header>
Limitations
</header>
<clause id="HB498DEEF17FB4632A19A9AACE97CC2EC">
<enum>
(i)
</enum>
<header>
Provision from administrative funds
</header>
<subclause id="H2BF95E3F8F654F7DAA85A679E9D67287">
<enum>
(I)
</enum>
<header>
In general
</header>
<text>
Subject to subclause (II), the funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the program's limitations with respect to the portion of funds under such program that may be used for administration.
</text>
</subclause>
<subclause commented="no" id="H074ED6F0FBC3447BBC45C02798FBF09B">
<enum>
(II)
</enum>
<header>
Exceptions
</header>
<text>
Nothing in this clause shall be construed to apply to the programs carried out under this title, or under title V of the Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056">
42 U.S.C. 3056 et seq.
</external-xref>
).
</text>
</subclause>
</clause>
<clause id="HDA05EAECD9854567871E4998909869EB">
<enum>
(ii)
</enum>
<header>
Cap on required contributions
</header>
<text>
For local areas in a State that are not covered by paragraph (1)(A)(i)(I), the following rules shall apply:
</text>
<subclause id="H7BB9732ED31B4ECBB2C46CC81CC213C6">
<enum>
(I)
</enum>
<header>
Wia formula programs and employment service
</header>
<text>
The portion of funds required to be contributed under this paragraph from a program authorized under chapter 2 or 3, or the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) shall not exceed 3 percent of the amount of Federal funds provided to carry out that program in the State for a fiscal year.
</text>
</subclause>
<subclause id="HB9227B3B41444E898689A5B87FAFC4E3">
<enum>
(II)
</enum>
<header>
Other one-stop partners
</header>
<text>
The portion of funds required to be contributed under this paragraph from a program described in subsection (b)(1) other than the programs described in subclause (I) shall not exceed 1.5 percent of the amount of Federal funds provided to carry out that program in the State for a fiscal year.
</text>
</subclause>
<subclause commented="no" id="H5E3180A69476408AA62738EB5CA73102">
<enum>
(III)
</enum>
<header>
Vocational rehabilitation
</header>
<text>
Notwithstanding subclauses (I) and (II), an entity administering a program described in subsection (b)(1)(B)(iv) shall not be required to provide from that program, under this paragraph, a portion that exceeds—
</text>
<item commented="no" id="H298C71D9BCC7430BA854CE767B712197">
<enum>
(aa)
</enum>
<text>
0.75 percent of the amount of Federal funds provided to carry out such program in the State for the second full program year that begins after the date of enactment of this Act;
</text>
</item>
<item commented="no" id="H6AA89C342E0B43C89C2A0900EBC22196">
<enum>
(bb)
</enum>
<text>
1.0 percent of the amount provided to carry out such program in the State for the third full program year that begins after such date;
</text>
</item>
<item commented="no" id="H5D087AB1815347608942F348C1EF3D41">
<enum>
(cc)
</enum>
<text>
1.25 percent of the amount provided to carry out such program in the State for the fourth full program year that begins after such date; and
</text>
</item>
<item commented="no" id="H98AA39B64E914ED38A4B91F1EFFB1F3A">
<enum>
(dd)
</enum>
<text>
1.5 percent of the amount provided to carry out such program in the State for the fifth and each succeeding full program year that begins after such date.
</text>
</item>
</subclause>
</clause>
<clause id="HF12912A41A684635A813D45F8B33D298">
<enum>
(iii)
</enum>
<header>
Federal direct spending programs
</header>
<text>
For local areas in a State that are not covered by paragraph (1)(A)(i)(I), an entity administering a program funded with direct spending as defined in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, as in effect on February 15, 2014 (
<external-xref legal-doc="usc" parsable-cite="usc/2/900">
2 U.S.C. 900(c)(8)
</external-xref>
) shall not be required to provide, for purposes of this paragraph, an amount in excess of the amount determined under subparagraph (C)(i) to be equivalent to the cost of the proportionate use of the one-stop centers for the one-stop partner for such program in the State.
</text>
</clause>
<clause id="H5C76C66821F1450CBFB38E1745902E11">
<enum>
(iv)
</enum>
<header>
Native American programs
</header>
<text>
One-stop partners for Native American programs established under section 166 shall not be subject to the provisions of this subsection (other than this clause) or subsection (i). For purposes of subsection (c)(2)(A)(ii)(II), the method for determining the appropriate portion of funds to be provided by such partners to pay for the costs of infrastructure of a one-stop center shall be determined as part of the development of the memorandum of understanding under subsection (c) for the one-stop center and shall be stated in the memorandum.
</text>
</clause>
</subparagraph>
<subparagraph id="H121BFB1B6DAD442180CD110FB753FCA2">
<enum>
(E)
</enum>
<header>
Appeal by one-stop partners
</header>
<text>
The Governor shall establish a process, described under section 102(b)(2)(D)(i)(IV), for a one-stop partner administering a program described in subsection (b)(1) to appeal a determination regarding the portion of funds to be provided under this paragraph. Such a determination may be appealed under the process on the basis that such determination is inconsistent with the requirements of this paragraph. Such process shall ensure prompt resolution of the appeal in order to ensure the funds are distributed in a timely manner, consistent with the requirements of section 182(e).
</text>
</subparagraph>
</paragraph>
<paragraph id="H02CFCD706B1444FB95A5A5F11209A491">
<enum>
(3)
</enum>
<header>
Allocation by Governor
</header>
<subparagraph id="HD381969FBA8A49758D0E117E49C9F598">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
From the funds provided under paragraph (1), the Governor shall allocate the funds to local areas described in subparagraph (B) in accordance with the formula established under subparagraph (B) for the purposes of assisting in paying the costs of infrastructure of one-stop centers.
</text>
</subparagraph>
<subparagraph id="HC30ADA25FE1342F68D6823B7D778097E">
<enum>
(B)
</enum>
<header>
Allocation formula
</header>
<text>
The State board shall develop a formula to be used by the Governor to allocate the funds provided under paragraph (1) to local areas not funding costs of infrastructure under the option described in paragraph (1)(A)(i)(I). The formula shall be based on factors including the number of one-stop centers in a local area, the population served by such centers, the services provided by such centers, and other factors relating to the performance of such centers that the State board determines are appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2E34B070863B4F139EF6B795FC700C1A">
<enum>
(4)
</enum>
<header>
Costs of infrastructure
</header>
<text>
In this subsection, the term
<quote>
costs of infrastructure
</quote>
, used with respect to a one-stop center, means the nonpersonnel costs that are necessary for the general operation of the one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, equipment (including assessment-related products and assistive technology for individuals with disabilities), and technology to facilitate access to the one-stop center, including the center’s planning and outreach activities.
</text>
</paragraph>
</subsection>
<subsection id="H15DEC6AF37FA4AF5A86C4126F514E27F">
<enum>
(i)
</enum>
<header>
Other funds
</header>
<paragraph id="H26092F8515444040A2B4B1E7B1E300B2">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Subject to the memorandum of understanding described in subsection (c) for the one-stop delivery system involved, in addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the programs described in subsection (b) and administered by one-stop partners, or the noncash resources available under such programs, shall be used to pay the additional costs relating to the operation of the one-stop delivery system that are not paid from the funds provided under subsection (h), as determined in accordance with paragraph (3), to the extent not inconsistent with the Federal law involved. Such costs shall include the costs of the provision of career services described in section 134(c)(2) applicable to each program and may include common costs that are not paid from the funds provided under subsection (h).
</text>
</paragraph>
<paragraph id="H312CB714175048C5A89ED89500FAF821">
<enum>
(2)
</enum>
<header>
Shared services
</header>
<text>
The costs described under paragraph (1) may include costs of services that are authorized for and may be commonly provided through the one-stop partner programs to any individual, such as initial intake, assessment of needs, appraisal of basic skills, identification of appropriate services to meet such needs, referrals to other one-stop partners, and other similar services.
</text>
</paragraph>
<paragraph id="H02948837DE4E40F883D14400C82E438F">
<enum>
(3)
</enum>
<header>
Determination and guidance
</header>
<text>
The method for determining the appropriate portion of funds and noncash resources to be provided by the one-stop partner for each program under paragraph (1) for a one-stop center shall be determined as part of the development of the memorandum of understanding under subsection (c) for the one-stop center and shall be stated in the memorandum. The State board shall provide guidance to facilitate the determination, for purposes of the memorandum of understanding, of an appropriate allocation of the funds and noncash resources in local areas, consistent with the requirements of section 101(d)(6)(C).
</text>
</paragraph>
</subsection>
</section>
<section id="H7693111E4ED34E89993170F2337A51C7">
<enum>
122.
</enum>
<header>
Identification of eligible providers of training services
</header>
<subsection id="HC75CD2438A1A4A7A909000001407A85C">
<enum>
(a)
</enum>
<header>
Eligibility
</header>
<paragraph id="HDADABFA6374C429A8D483C0B7A52D120">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Except as provided in subsection (h), the Governor, after consultation with the State board, shall establish criteria, information requirements, and procedures regarding the eligibility of providers of training services to receive funds provided under section 133(b) for the provision of training services in local areas in the State.
</text>
</paragraph>
<paragraph id="HD181F6568DB947358B994E487C22ECCD">
<enum>
(2)
</enum>
<header>
Providers
</header>
<text>
Subject to the provisions of this section, to be eligible to receive those funds for the provision of training services, the provider shall be—
</text>
<subparagraph id="H71485822BF424925BB4376A9C9A8BCEA">
<enum>
(A)
</enum>
<text>
an institution of higher education that provides a program that leads to a recognized postsecondary credential;
</text>
</subparagraph>
<subparagraph id="HA22B0182CCBA4C0285B10A074C25E861">
<enum>
(B)
</enum>
<text>
an entity that carries out programs registered under the Act of August 16, 1937 (commonly known as the
<quote>
National Apprenticeship Act
</quote>
; 50 Stat. 664, chapter 663;
<external-xref legal-doc="usc" parsable-cite="usc/29/50">
29 U.S.C. 50 et seq.
</external-xref>
); or
</text>
</subparagraph>
<subparagraph id="H7F1264A87B6748738372C18DFD15D08D">
<enum>
(C)
</enum>
<text>
another public or private provider of a program of training services, which may include joint labor-management organizations, and eligible providers of adult education and literacy activities under title II if such activities are provided in combination with occupational skills training.
</text>
</subparagraph>
</paragraph>
<paragraph id="HFC04BC62E2D34755989BAA580B3D2332">
<enum>
(3)
</enum>
<header>
Inclusion in list of eligible providers
</header>
<text>
A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria, information requirements, and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be included and maintained on the list of eligible providers of training services described in subsection (d) for so long as the corresponding program of the provider remains registered as described in paragraph (2)(B).
</text>
</paragraph>
</subsection>
<subsection id="H731DC6B0A77E4EB8AF4089ABFBCD84F4">
<enum>
(b)
</enum>
<header>
Criteria and information requirements
</header>
<paragraph id="HFEEC31F7EB2941C79E5F8F1E0DA24184">
<enum>
(1)
</enum>
<header>
State criteria
</header>
<text>
In establishing criteria pursuant to subsection (a), the Governor shall take into account each of the following:
</text>
<subparagraph id="HA7EE18454A1E400987958B97C92134D8">
<enum>
(A)
</enum>
<text>
The performance of providers of training services with respect to—
</text>
<clause id="H9C8BCB2249C74A19AFEC664334B6BC88">
<enum>
(i)
</enum>
<text>
the performance accountability measures and other matters for which information is required under paragraph (2); and
</text>
</clause>
<clause id="H13305508BA7F4B1CBA80E2920E335015">
<enum>
(ii)
</enum>
<text>
other appropriate measures of performance outcomes determined by the Governor for those participants receiving training services under this subtitle (taking into consideration the characteristics of the population served and relevant economic conditions), and the outcomes of the program through which those training services were provided for students in general with respect to employment and earnings as defined under section 116(b)(2).
</text>
</clause>
</subparagraph>
<subparagraph id="H7F609DE0F82645BDAB7DBC5148DBE9AC">
<enum>
(B)
</enum>
<text>
The need to ensure access to training services throughout the State, including in rural areas, and through the use of technology.
</text>
</subparagraph>
<subparagraph id="HA68121691BE144519D130F7F7227C68B">
<enum>
(C)
</enum>
<text>
Information reported to State agencies with respect to Federal and State programs involving training services (other than the program carried out under this subtitle), including one-stop partner programs.
</text>
</subparagraph>
<subparagraph id="H6097FEE3F5EB41EBBA10A8335EC9821E">
<enum>
(D)
</enum>
<text>
The degree to which the training programs of such providers relate to in-demand industry sectors and occupations in the State.
</text>
</subparagraph>
<subparagraph id="HBBCD2DA44F354D798870CF5143F46427">
<enum>
(E)
</enum>
<text>
The requirements for State licensing of providers of training services, and the licensing status of providers of training services if applicable.
</text>
</subparagraph>
<subparagraph id="H28BDFC9C17FB4182839F010DE4559033">
<enum>
(F)
</enum>
<text>
Ways in which the criteria can encourage, to the extent practicable, the providers to use industry-recognized certificates or certifications.
</text>
</subparagraph>
<subparagraph id="HC9F41028F93C40EFBDC6595E566081C2">
<enum>
(G)
</enum>
<text>
The ability of the providers to offer programs that lead to recognized postsecondary credentials.
</text>
</subparagraph>
<subparagraph commented="no" id="H5A3CE3D7295A4E7FA0BCB25296ACD79B">
<enum>
(H)
</enum>
<text>
The quality of a program of training services, including a program of training services that leads to a recognized postsecondary credential.
</text>
</subparagraph>
<subparagraph id="H88B587E627224BE689830B48BF448DCF">
<enum>
(I)
</enum>
<text>
The ability of the providers to provide training services to individuals who are employed and individuals with barriers to employment.
</text>
</subparagraph>
<subparagraph id="H9E1D056B9F7E4E2E9543729F9DD3CF79">
<enum>
(J)
</enum>
<text>
Such other factors as the Governor determines are appropriate to ensure—
</text>
<clause id="H815C6DFE148E41AD8AC8BD84F21C9E61">
<enum>
(i)
</enum>
<text>
the accountability of the providers;
</text>
</clause>
<clause id="HE22878DC4303413692D5496A22146AA9">
<enum>
(ii)
</enum>
<text>
that the one-stop centers in the State will ensure that such providers meet the needs of local employers and participants;
</text>
</clause>
<clause id="H2B765B054DA04E88A7BCACFFE55E1777">
<enum>
(iii)
</enum>
<text>
the informed choice of participants among training services providers; and
</text>
</clause>
<clause id="H58778C4A987648639F6FE7ED3E53490F">
<enum>
(iv)
</enum>
<text>
that the collection of information required to demonstrate compliance with the criteria is not unduly burdensome or costly to providers.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H1195F1A20ECA4CEA8AA9CA252A04A1E7">
<enum>
(2)
</enum>
<header>
State information requirements
</header>
<text>
The information requirements established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State, to enable the State to carry out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including—
</text>
<subparagraph id="H40D36FC17F5443B8B883B776695D9D66">
<enum>
(A)
</enum>
<text>
information on the performance of the provider with respect to the performance accountability measures described in section 116 for such participants (taking into consideration the characteristics of the population served and relevant economic conditions), and information specifying the percentage of such participants who entered unsubsidized employment in an occupation related to the program, to the extent practicable;
</text>
</subparagraph>
<subparagraph id="HAB8D06D31EC2446FB925D98F8F68B722">
<enum>
(B)
</enum>
<text>
information on recognized postsecondary credentials received by such participants;
</text>
</subparagraph>
<subparagraph id="HF8241AC4EEB64919A8A0F2943FC963FD">
<enum>
(C)
</enum>
<text>
information on cost of attendance, including costs of tuition and fees, for participants in the program;
</text>
</subparagraph>
<subparagraph id="H75A511271DA546D5BE5737471A207DC2">
<enum>
(D)
</enum>
<text>
information on the program completion rate for such participants; and
</text>
</subparagraph>
<subparagraph id="HBB1CE831FDC84BBC804976229E2951B3">
<enum>
(E)
</enum>
<text>
information on the criteria described in paragraph (1).
</text>
</subparagraph>
</paragraph>
<paragraph id="H48F3E02C879643BD97AC8F99887BF701">
<enum>
(3)
</enum>
<header>
Local criteria and information requirements
</header>
<text>
A local board in the State may establish criteria and information requirements in addition to the criteria and information requirements established by the Governor, or may require higher levels of performance than required for the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) for the provision of training services in the local area involved.
</text>
</paragraph>
<paragraph id="H9184B06D098547C0A4CF1E0801D0486A">
<enum>
(4)
</enum>
<header>
Criteria and information requirements to establish initial eligibility
</header>
<subparagraph id="HA9C89751D19D48A090A956B478668C48">
<enum>
(A)
</enum>
<header>
Purpose
</header>
<text>
The purpose of this paragraph is to enable the providers of programs carried out under chapter 3 to offer the highest quality training services and be responsive to in-demand and emerging industries by providing training services for those industries.
</text>
</subparagraph>
<subparagraph id="H51143550DBE34D4DA9D85C3F3663F117">
<enum>
(B)
</enum>
<header>
Initial eligibility
</header>
<text>
Providers may seek initial eligibility under this paragraph as providers of training services and may receive that initial eligibility for only 1 fiscal year for a particular program. The criteria and information requirements established by the Governor under this paragraph shall require that a provider who has not previously been an eligible provider of training services under this section (or section 122 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act) provide the information described in subparagraph (C).
</text>
</subparagraph>
<subparagraph id="H908377DE79D94E60A5F2EB33086694E7">
<enum>
(C)
</enum>
<header>
Information
</header>
<text>
The provider shall provide verifiable program-specific performance information based on criteria established by the State as described in subparagraph (D) that supports the provider’s ability to serve participants under this subtitle.
</text>
</subparagraph>
<subparagraph id="H68EBCE09E8864039BF444E88CFBCD17B">
<enum>
(D)
</enum>
<header>
Criteria
</header>
<text>
The criteria described in subparagraph (C) shall include at least—
</text>
<clause id="HBD8043538C664B61825ECB937404956A">
<enum>
(i)
</enum>
<text>
a factor related to indicators described in section 116;
</text>
</clause>
<clause id="HAAA7EEC7F2A746ADAED3E79E0ED15747">
<enum>
(ii)
</enum>
<text>
a factor concerning whether the provider is in a partnership with business;
</text>
</clause>
<clause id="HECCB949FAF2A405DA8044617FFB19149">
<enum>
(iii)
</enum>
<text>
other factors that indicate high-quality training services, including the factor described in paragraph (1)(H); and
</text>
</clause>
<clause id="H98382EED6CD84A0984753E591553A3DC">
<enum>
(iv)
</enum>
<text>
a factor concerning alignment of the training services with in-demand industry sectors and occupations, to the extent practicable.
</text>
</clause>
</subparagraph>
<subparagraph id="H18F82F7EB3B347558478474A0A791904">
<enum>
(E)
</enum>
<header>
Provision
</header>
<text>
The provider shall provide the information described in subparagraph (C) to the Governor and the local board in a manner that will permit the Governor and the local board to make a decision on inclusion of the provider on the list of eligible providers described in subsection (d).
</text>
</subparagraph>
<subparagraph id="HAA9B768E99F941448D95E8928A56E1AB">
<enum>
(F)
</enum>
<header>
Limitation
</header>
<text>
A provider that receives initial eligibility under this paragraph for a program shall be subject to the requirements under subsection (c) for that program after such initial eligibility expires.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H3EDB82A1B2A84C7E9C2D5A4C122F7355">
<enum>
(c)
</enum>
<header>
Procedures
</header>
<paragraph id="HAFF36243DA3749C59164277C9C2C09F9">
<enum>
(1)
</enum>
<header>
Application procedures
</header>
<text>
The procedures established under subsection (a) shall identify the application process for a provider of training services to become eligible to receive funds provided under section 133(b) for the provision of training services. The procedures shall identify the respective roles of the State and local areas in receiving and reviewing the applications and in making determinations of such eligibility based on the criteria, information, and procedures established under this section. The procedures shall also establish a process for a provider of training services to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal.
</text>
</paragraph>
<paragraph id="HC8654E9316D446A19DFD3A492364B026">
<enum>
(2)
</enum>
<header>
Renewal procedures
</header>
<text>
The procedures established by the Governor shall also provide for biennial review and renewal of eligibility under this section for providers of training services.
</text>
</paragraph>
</subsection>
<subsection id="H90B366A4A7D44F8EAA3047CEB4360027">
<enum>
(d)
</enum>
<header>
List and information to assist participants in choosing providers
</header>
<paragraph id="HA7DE4AA2BE0C49DC8A2672B39A2CE12D">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
In order to facilitate and assist participants in choosing employment and training activities and in choosing providers of training services, the Governor shall ensure that an appropriate list of providers determined to be eligible under this section to offer a program in the State (and, as appropriate, in a local area), accompanied by information identifying the recognized postsecondary credential offered by the provider and other appropriate information, is prepared. The list shall be provided to the local boards in the State, and made available to such participants and to members of the public through the one-stop delivery system in the State.
</text>
</paragraph>
<paragraph id="HA4BC2A11C76F4C5B822D55AA1D32BFE7">
<enum>
(2)
</enum>
<header>
Accompanying information
</header>
<text>
The accompanying information shall—
</text>
<subparagraph id="H7077D4E47EB744AD9FBDA636D8F567DF">
<enum>
(A)
</enum>
<text>
with respect to providers described in subparagraphs (A) and (C) of subsection (a)(2), consist of information provided by such providers, disaggregated by local areas served, as applicable, in accordance with subsection (b);
</text>
</subparagraph>
<subparagraph id="H80C8039BDD814174BF99F356FA55EB20">
<enum>
(B)
</enum>
<text>
with respect to providers described in subsection (b)(4), consist of information provided by such providers in accordance with subsection (b)(4); and
</text>
</subparagraph>
<subparagraph id="H4444D1FE8BF34B4CB844F59C7996189C">
<enum>
(C)
</enum>
<text>
such other information as the Governor determines to be appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="H59E245421ED04A278DEB0A6A27FF6EE2">
<enum>
(3)
</enum>
<header>
Availability
</header>
<text>
The list and the accompanying information shall be made available to such participants and to members of the public through the one-stop delivery system in the State, in a manner that does not reveal personally identifiable information about an individual participant.
</text>
</paragraph>
<paragraph id="H56CF71E027174AD1A9FFF0778275B579">
<enum>
(4)
</enum>
<header>
Limitation
</header>
<text>
In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including a Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or student in compliance with section 444 of the General Education Provisions Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1232g">
20 U.S.C. 1232g
</external-xref>
).
</text>
</paragraph>
</subsection>
<subsection id="H3D0B6743E7F74E12B902B1C178E89455">
<enum>
(e)
</enum>
<header>
Opportunity to submit comments
</header>
<text>
In establishing, under this section, criteria, information requirements, procedures, and the list of eligible providers described in subsection (d), the Governor shall provide an opportunity for interested members of the public to make recommendations and submit comments regarding such criteria, information requirements, procedures, and list.
</text>
</subsection>
<subsection id="H6278DD44DE50471DA03CE86F7CAE5B6C">
<enum>
(f)
</enum>
<header>
Enforcement
</header>
<paragraph id="HBDBA3D36386048878BB7A3C0DCF7D70A">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The procedures established under this section shall provide the following:
</text>
<subparagraph id="H1D7FF2DB15AB4A828CAA443A8B7025DE">
<enum>
(A)
</enum>
<header>
Intentionally supplying inaccurate information
</header>
<text>
Upon a determination, by an individual or entity specified in the procedures, that a provider of training services, or individual providing information on behalf of the provider, violated this section (or section 122 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act) by intentionally supplying inaccurate information under this section, the eligibility of such provider to receive funds under chapter 3 shall be terminated for a period of time that is not less than 2 years.
</text>
</subparagraph>
<subparagraph id="H69F7716FAAB04FF6B9DA43E72735899F">
<enum>
(B)
</enum>
<header>
Substantial violations
</header>
<text>
Upon a determination, by an individual or entity specified in the procedures, that a provider of training services substantially violated any requirement under this title (or title I of the Workforce Investment Act of 1998, as in effect on the day before such date of enactment), the eligibility of such provider to receive funds under chapter 3 for the program involved shall be terminated for a period of not less than 2 years.
</text>
</subparagraph>
<subparagraph id="HBE1421061AC247FA8C231802A6B1C9F0">
<enum>
(C)
</enum>
<header>
Repayment
</header>
<text>
A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, as in effect on the day before such date of enactment, or chapter 3 of this subtitle during a period of violation described in such subparagraph.
</text>
</subparagraph>
</paragraph>
<paragraph id="H21C174FB568045CC9D13AF73B6A76237">
<enum>
(2)
</enum>
<header>
Construction
</header>
<text>
Paragraph (1) shall be construed to provide remedies and penalties that supplement, but shall not supplant, civil and criminal remedies and penalties specified in other provisions of law.
</text>
</paragraph>
</subsection>
<subsection id="HE007EDDB3C174A3B94D2D8A02E494D9F">
<enum>
(g)
</enum>
<header>
Agreements with other States
</header>
<text>
States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept individual training accounts provided in another State.
</text>
</subsection>
<subsection id="H1CFD8D401FF949EA83B9A917846C435B">
<enum>
(h)
</enum>
<header>
On-the-job training, customized training, incumbent worker training, and other training exceptions
</header>
<paragraph id="H23DF52A300434DB5841509D201063310">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Providers of on-the-job training, customized training, incumbent worker training, internships, and paid or unpaid work experience opportunities, or transitional employment shall not be subject to the requirements of subsections (a) through (f).
</text>
</paragraph>
<paragraph id="HEFD3BC33142342DE9F1025D29C21980F">
<enum>
(2)
</enum>
<header>
Collection and dissemination of information
</header>
<text>
A one-stop operator in a local area shall collect such performance information from providers of on-the-job training, customized training, incumbent worker training, internships, paid or unpaid work experience opportunities, and transitional employment as the Governor may require, and use the information to determine whether the providers meet such performance criteria as the Governor may require. The one-stop operator shall disseminate information identifying such providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services.
</text>
</paragraph>
</subsection>
<subsection id="H1639FD8250EF464E8746BB4446CE4458">
<enum>
(i)
</enum>
<header>
Transition period for implementation
</header>
<text>
The Governor and local boards shall implement the requirements of this section not later than 12 months after the date of enactment of this Act. In order to facilitate early implementation of this section, the Governor may establish transition procedures under which providers eligible to provide training services under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, as such chapter was in effect on the day before the date of enactment of this Act, may continue to be eligible to provide such services until December 31, 2015, or until such earlier date as the Governor determines to be appropriate.
</text>
</subsection>
</section>
<section id="H15C95927608B4A0FBF9692F07DBAF3EC">
<enum>
123.
</enum>
<header>
Eligible providers of youth workforce investment activities
</header>
<subsection id="H5213100783024EAFB099DB5A089800B0">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
From the funds allocated under section 128(b) to a local area, the local board for such area shall award grants or contracts on a competitive basis to providers of youth workforce investment activities identified based on the criteria in the State plan (including such quality criteria as the Governor shall establish for a training program that leads to a recognized postsecondary credential), and taking into consideration the ability of the providers to meet performance accountability measures based on primary indicators of performance for the youth program as described in section 116(b)(2)(A)(ii), as described in section 102(b)(2)(D)(i)(V), and shall conduct oversight with respect to such providers.
</text>
</subsection>
<subsection id="HC29CA33F7C8645248D98D64C5366C651">
<enum>
(b)
</enum>
<header>
Exceptions
</header>
<text>
A local board may award grants or contracts on a sole-source basis if such board determines there is an insufficient number of eligible providers of youth workforce investment activities in the local area involved (such as a rural area) for grants and contracts to be awarded on a competitive basis under subsection (a).
</text>
</subsection>
</section>
</chapter>
<chapter id="H19716F85CC494EECBFA85C1A58F74838">
<enum>
2
</enum>
<header>
Youth workforce investment activities
</header>
<section id="HD5616B83AD0F48D5A50CDF92ED0AC79F">
<enum>
126.
</enum>
<header>
General authorization
</header>
<text display-inline="no-display-inline">
The Secretary shall make an allotment under section 127(b)(1)(C) to each State that meets the requirements of section 102 or 103 and a grant under section 127(b)(1)(B) to each outlying area that complies with the requirements of this title, to assist the State or outlying area, and to enable the State or outlying area to assist local areas, for the purpose of providing workforce investment activities for eligible youth in the State or outlying area and in the local areas.
</text>
</section>
<section id="HB0D0F78C36BD44B6894179A51B3E2897">
<enum>
127.
</enum>
<header>
State allotments
</header>
<subsection id="H903EE5DC2737436D8E6FDD5B93BBAE6D">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
The Secretary shall—
</text>
<paragraph id="H762CA16BFB4740A38F08C0690602475E">
<enum>
(1)
</enum>
<text>
for each fiscal year for which the amount appropriated under section 136(a) exceeds $925,000,000, reserve 4 percent of the excess amount to provide youth workforce investment activities under section 167 (relating to migrant and seasonal farmworkers); and
</text>
</paragraph>
<paragraph id="H0DBF005AE65643368F676708E546AE24">
<enum>
(2)
</enum>
<text>
use the remainder of the amount appropriated under section 136(a) for a fiscal year to make allotments and grants in accordance with subsection (b).
</text>
</paragraph>
</subsection>
<subsection id="H47D4878124E64B57A10DB60616F487BF">
<enum>
(b)
</enum>
<header>
Allotment among States
</header>
<paragraph id="HFA646CB2DD2649EFA7523536FAE4C9C9">
<enum>
(1)
</enum>
<header>
Youth workforce investment activities
</header>
<subparagraph id="H5E36D21B70684A34A7E7CF7057BBB38E">
<enum>
(A)
</enum>
<header>
Native americans
</header>
<text>
From the amount appropriated under section 136(a) for a fiscal year that is not reserved under subsection (a)(1), the Secretary shall reserve not more than 1
<fraction>
1/2
</fraction>
percent of such amount to provide youth workforce investment activities under section 166 (relating to Native Americans).
</text>
</subparagraph>
<subparagraph id="H5B788AE9BE594152A009997E4D805903">
<enum>
(B)
</enum>
<header>
Outlying areas
</header>
<clause id="H2735E1E61285469C9BE6FBB1BE505276">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
From the amount appropriated under section 136(a) for each fiscal year that is not reserved under subsection (a)(1) and subparagraph (A), the Secretary shall reserve not more than
<fraction>
1/4
</fraction>
of 1 percent of such amount to provide assistance to the outlying areas to carry out youth workforce investment activities and statewide workforce investment activities.
</text>
</clause>
<clause commented="no" id="HE374074804EA4752AFD6574B34AB9109">
<enum>
(ii)
</enum>
<header>
Limitation for outlying areas
</header>
<subclause commented="no" id="H9D6BF0BFAE6142C79AFCFD9B3C29523D">
<enum>
(I)
</enum>
<header>
Competitive grants
</header>
<text>
The Secretary shall use funds reserved under clause (i) to award grants to outlying areas to carry out youth workforce investment activities and statewide workforce investment activities.
</text>
</subclause>
<subclause commented="no" id="H7ACE751A74814B27AFB2CEE98A2CE00B">
<enum>
(II)
</enum>
<header>
Award basis
</header>
<text>
The Secretary shall award grants pursuant to subclause (I) on a competitive basis and pursuant to the recommendations of experts in the field of employment and training, working through the Pacific Region Educational Laboratory in Honolulu, Hawaii.
</text>
</subclause>
<subclause commented="no" id="H50AFBE5B36FF4A4D93FB20DEE4D098D2">
<enum>
(III)
</enum>
<header>
Administrative costs
</header>
<text>
The Secretary may provide not more than 5 percent of the funds made available for grants under subclause (I) to pay the administrative costs of the Pacific Region Educational Laboratory in Honolulu, Hawaii, regarding activities assisted under this clause.
</text>
</subclause>
</clause>
<clause commented="no" id="HE72587B1345E43418A4D5E331BF70A02">
<enum>
(iii)
</enum>
<header>
Additional requirement
</header>
<text>
The provisions of section 501 of
<external-xref legal-doc="public-law" parsable-cite="pl/95/134">
Public Law 95–134
</external-xref>
(
<external-xref legal-doc="usc" parsable-cite="usc/48/1469a">
48 U.S.C. 1469a
</external-xref>
), permitting the consolidation of grants by the outlying areas, shall not apply to assistance provided to those areas, including Palau, under this subparagraph.
</text>
</clause>
</subparagraph>
<subparagraph id="H08BD84990A834FD3873CDC6D56453515">
<enum>
(C)
</enum>
<header>
States
</header>
<clause id="H2B125E2756FD45D7B0D65F6EB2EFB4A3">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
From the remainder of the amount appropriated under section 136(a) for a fiscal year that exists after the Secretary determines the amounts to be reserved under subsection (a)(1) and subparagraphs (A) and (B), the Secretary shall make allotments to the States in accordance with clause (ii) for youth workforce investment activities and statewide workforce investment activities.
</text>
</clause>
<clause id="HFBCA7456F6DD41AF8D32D9EA08E38E4A">
<enum>
(ii)
</enum>
<header>
Formula
</header>
<text>
Subject to clauses (iii) and (iv), of the remainder—
</text>
<subclause id="H4FA824694CDD4866A357C513AC87FF09">
<enum>
(I)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States;
</text>
</subclause>
<subclause id="HC6F82ACDB98B418288291C667557C1D6">
<enum>
(II)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and
</text>
</subclause>
<subclause id="H559A250EEF7C44B8AF9961683506F6B5">
<enum>
(III)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States, except as described in clause (iii).
</text>
</subclause>
</clause>
<clause id="HA92D793941894A78A2FB5E9627CBBD20">
<enum>
(iii)
</enum>
<header>
Calculation
</header>
<text>
In determining an allotment under clause (ii)(III) for any State in which there is an area that was designated as a local area as described in section 107(c)(1)(C), the allotment shall be based on the higher of—
</text>
<subclause id="H69ACFB77A109460C8E61DF9F92639E40">
<enum>
(I)
</enum>
<text>
the number of individuals who are age 16 through 21 in families with an income below the low-income level in such area; or
</text>
</subclause>
<subclause id="HAA522725FD3F4DB2B8ECF96D2FE4262C">
<enum>
(II)
</enum>
<text>
the number of disadvantaged youth in such area.
</text>
</subclause>
</clause>
<clause id="HCFF8087068C641C0AF570BC15924D158">
<enum>
(iv)
</enum>
<header>
Minimum and maximum percentages and minimum allotments
</header>
<text>
In making allotments under this subparagraph, the Secretary shall ensure the following:
</text>
<subclause id="H29BA0EB8FA094A348EF6C3F383E95CFF">
<enum>
(I)
</enum>
<header>
Minimum percentage and allotment
</header>
<text>
Subject to subclause (IV), the Secretary shall ensure that no State shall receive an allotment for a fiscal year that is less than the greater of—
</text>
<item id="H4D5E09C499BE4F9B8D45CB6CE78116B2">
<enum>
(aa)
</enum>
<text>
an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year; or
</text>
</item>
<item commented="no" id="H3B1535E85DA64AA989D7B7584C49E2A3">
<enum>
(bb)
</enum>
<text>
100 percent of the allotments of the State under section 127(b)(1)(C) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act) for fiscal year 2014.
</text>
</item>
</subclause>
<subclause id="H8AC7F6D1D5474A69B21B15C8B653A63C">
<enum>
(II)
</enum>
<header>
Small state minimum allotment
</header>
<text>
Subject to subclauses (I), (III), and (IV), the Secretary shall ensure that no State shall receive an allotment under this subparagraph that is less than the total of—
</text>
<item id="H2F81408AB8BA4D54803CB8FCC7B36E8F">
<enum>
(aa)
</enum>
<text>
<fraction>
3/10
</fraction>
of 1 percent of $1,000,000,000 of the remainder described in clause (i) for the fiscal year; and
</text>
</item>
<item id="HB4B050D8414448208FD5535C8D02C306">
<enum>
(bb)
</enum>
<text>
if the remainder described in clause (i) for the fiscal year exceeds $1,000,000,000,
<fraction>
2/5
</fraction>
of 1 percent of the excess.
</text>
</item>
</subclause>
<subclause id="HE1B4341882084B449C52E0FB11385CDC">
<enum>
(III)
</enum>
<header>
Maximum percentage
</header>
<text>
Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.
</text>
</subclause>
<subclause id="H0923215948F94EE89D5829E2A2F3E027">
<enum>
(IV)
</enum>
<header>
Minimum funding
</header>
<text>
In any fiscal year in which the remainder described in clause (i) does not exceed $1,000,000,000, the minimum allotments under subclauses (I) and (II) shall be calculated by the methodology specified in section 127(b)(1)(C)(iv)(IV) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act).
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HD480F686AE2647E393FFA91E4B7A1B7C">
<enum>
(2)
</enum>
<header>
Definitions
</header>
<text>
For the purpose of the formula specified in paragraph (1)(C):
</text>
<subparagraph id="H8EE3AD77322A4B9FA9130A687B0D3B1A">
<enum>
(A)
</enum>
<header>
Allotment percentage
</header>
<text>
The term
<term>
allotment percentage
</term>
, used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the remainder described in paragraph (1)(C)(i) that is received through an allotment made under paragraph (1)(C) for the fiscal year. The term, used with respect to fiscal year 2014, means the percentage of the amount allotted to States under section 127(b)(1)(C) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act) that is received under such section by the State involved for fiscal year 2014.
</text>
</subparagraph>
<subparagraph id="HD87D98D9A0C04E149A97526F049F4D4A">
<enum>
(B)
</enum>
<header>
Area of substantial unemployment
</header>
<text>
The term
<term>
area of substantial unemployment
</term>
means any area that is of sufficient size and scope to sustain a program of workforce investment activities carried out under this subtitle and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. For purposes of this subparagraph, determinations of areas of substantial unemployment shall be made once each fiscal year.
</text>
</subparagraph>
<subparagraph id="H9DC398BED3714CBF82B7ACC6D8E3B6A1">
<enum>
(C)
</enum>
<header>
Disadvantaged youth
</header>
<text>
Subject to paragraph (3), the term
<term>
disadvantaged youth
</term>
means an individual who is age 16 through 21 who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of—
</text>
<clause id="HEC2761522D46472591F3E6B522D4A62A">
<enum>
(i)
</enum>
<text>
the poverty line; or
</text>
</clause>
<clause id="HDB174492564F4AB1A08E29D35232FC35">
<enum>
(ii)
</enum>
<text>
70 percent of the lower living standard income level.
</text>
</clause>
</subparagraph>
<subparagraph id="H6D26C5703F564334A9178804099B5A92">
<enum>
(D)
</enum>
<header>
Excess number
</header>
<text>
The term
<term>
excess number
</term>
means, used with respect to the excess number of unemployed individuals within a State, the higher of—
</text>
<clause id="HA7039264B00C408F9D97B40B33CA6491">
<enum>
(i)
</enum>
<text>
the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or
</text>
</clause>
<clause id="HBAF0A5329C85486DA3504E0F6A8A71E8">
<enum>
(ii)
</enum>
<text>
the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State.
</text>
</clause>
</subparagraph>
<subparagraph id="HAC4333B11E2848DBAF8E5B9BA704775E">
<enum>
(E)
</enum>
<header>
Low-income level
</header>
<text>
The term
<term>
low-income level
</term>
means $7,000 with respect to income in 1969, and for any later year means that amount that bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H37C497FE01A1447FB5FD34F981C8AC5B">
<enum>
(3)
</enum>
<header>
Special rule
</header>
<text>
For the purpose of the formula specified in paragraph (1)(C), the Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of disadvantaged youth.
</text>
</paragraph>
</subsection>
<subsection id="H6A2E1F9AB5B94D44842E5A9BC98D15EC">
<enum>
(c)
</enum>
<header>
Reallotment
</header>
<paragraph id="HF2C14D98C2E54719A5A992FD762FFFA8">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Secretary shall, in accordance with this subsection, reallot to eligible States amounts that are made available to States from allotments made under this section or a corresponding provision of the Workforce Investment Act of 1998 for youth workforce investment activities and statewide workforce investment activities (referred to individually in this subsection as a
<quote>
State allotment
</quote>
) and that are available for reallotment.
</text>
</paragraph>
<paragraph id="H577BA69CEBFE442FAA4A63E1A79A3096">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text>
The amount available for reallotment for a program year is equal to the amount by which the unobligated balance of the State allotment, at the end of the program year prior to the program year for which the determination under this paragraph is made, exceeds 20 percent of such allotment for the prior program year.
</text>
</paragraph>
<paragraph id="HA00BDBF52CBA4B3FACD48A5065C7C700">
<enum>
(3)
</enum>
<header>
Reallotment
</header>
<text>
In making reallotments to eligible States of amounts available pursuant to paragraph (2) for a program year, the Secretary shall allot to each eligible State an amount based on the relative amount of the State allotment for the program year for which the determination is made, as compared to the total amount of the State allotments for all eligible States for such program year.
</text>
</paragraph>
<paragraph id="HB33B2CD6F6A348FE872A9DF37752D526">
<enum>
(4)
</enum>
<header>
Eligibility
</header>
<text>
For purposes of this subsection, an eligible State means a State that does not have an amount available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made.
</text>
</paragraph>
<paragraph id="H30EEED843A9F411B8FEDD07417EE4473">
<enum>
(5)
</enum>
<header>
Procedures
</header>
<text>
The Governor shall prescribe uniform procedures for the obligation of funds by local areas within the State in order to avoid the requirement that funds be made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making funds available from the State and local areas in the event that a State is required to make funds available for reallotment under this subsection.
</text>
</paragraph>
</subsection>
</section>
<section id="H841DD1A2F7634EE1AA7215A8D45A4BBD">
<enum>
128.
</enum>
<header>
Within State allocations
</header>
<subsection id="H6D15E17199DF473AAB473CFB0D6F5284">
<enum>
(a)
</enum>
<header>
Reservations for statewide activities
</header>
<paragraph id="HDA4E31779534415780BC3C3904007675">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Governor shall reserve not more than 15 percent of each of the amounts allotted to the State under section 127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of section 132(b) for a fiscal year for statewide workforce investment activities.
</text>
</paragraph>
<paragraph id="HE795384F75B04EF3A88F4692ED13081A">
<enum>
(2)
</enum>
<header>
Use of funds
</header>
<text>
Regardless of whether the reserved amounts were allotted under section 127(b)(1)(C), or under paragraph (1)(B) or (2)(B) of section 132(b), the Governor may use the reserved amounts to carry out statewide activities under section 129(b) or statewide employment and training activities, for adults or dislocated workers, under section 134(a).
</text>
</paragraph>
</subsection>
<subsection id="HC4957227BFB04E93B64ADF8A56D5DA11">
<enum>
(b)
</enum>
<header>
Within State allocations
</header>
<paragraph id="H1FC06B8033B74677BBCF723ED483C5B3">
<enum>
(1)
</enum>
<header>
Methods
</header>
<text>
The Governor, acting in accordance with the State plan, and after consulting with chief elected officials and local boards in the local areas, shall allocate the funds that are allotted to the State for youth activities and statewide workforce investment activities under section 127(b)(1)(C) and are not reserved under subsection (a), in accordance with paragraph (2) or (3).
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H3A4B6FDA635B4125AA74F72E37313FDE">
<enum>
(2)
</enum>
<header>
Formula allocation
</header>
<subparagraph id="H4C0087E0CCC644CF895B84DF6AF58D1F">
<enum>
(A)
</enum>
<header>
Youth activities
</header>
<clause id="HF42ED888D26446DEBE481E7DEE14FFF2">
<enum>
(i)
</enum>
<header>
Allocation
</header>
<text>
In allocating the funds described in paragraph (1) to local areas, a State may allocate—
</text>
<subclause id="H60DCC0B804AD45079C8830D713353CBA">
<enum>
(I)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent of the funds on the basis described in section 127(b)(1)(C)(ii)(I);
</text>
</subclause>
<subclause id="H192F8CBF531E466A8405846BC7C5D218">
<enum>
(II)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent of the funds on the basis described in section 127(b)(1)(C)(ii)(II); and
</text>
</subclause>
<subclause id="HE6C0C9B3CB134440B49ABF8526D22F8B">
<enum>
(III)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent of the funds on the basis described in clauses (ii)(III) and (iii) of section 127(b)(1)(C).
</text>
</subclause>
</clause>
<clause id="HE3258DBA562E439483AEA924C480A262">
<enum>
(ii)
</enum>
<header>
Minimum percentage
</header>
<text>
The local area shall not receive an allocation percentage for a fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph.
</text>
</clause>
<clause id="H2E5787BCE9154DDEBF0C6A29BD76A6C7">
<enum>
(iii)
</enum>
<header>
Definition
</header>
<text>
In this subparagraph, the term
<term>
allocation percentage
</term>
, used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph, for the fiscal year. The term, used with respect to fiscal year 2013 or 2014, means a percentage of the funds referred to in section 128(b)(1) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), received through an allocation made under paragraph (2) or (3) of section 128(b) of the Workforce Investment Act of 1998 (as so in effect), for the fiscal year 2013 or 2014, respectively.
</text>
</clause>
</subparagraph>
<subparagraph id="H5211AF122E6849DFAA1A4D1AE4F6C8EF">
<enum>
(B)
</enum>
<header>
Application
</header>
<text>
For purposes of carrying out subparagraph (A)—
</text>
<clause id="H9C68DAEA5BD645D195277377933BA937">
<enum>
(i)
</enum>
<text>
references in section 127(b) to a State shall be deemed to be references to a local area;
</text>
</clause>
<clause id="H271848FF27CF44A1A008AF6C33C40189">
<enum>
(ii)
</enum>
<text>
references in section 127(b) to all States shall be deemed to be references to all local areas in the State involved; and
</text>
</clause>
<clause id="HAA5F00788248405EBD8F70C5115EB18E">
<enum>
(iii)
</enum>
<text>
except as described in clause (i), references in section 127(b)(1) to the term
<term>
excess number
</term>
shall be considered to be references to the term as defined in section 127(b)(2).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HD746413532444ED89AD2C86311F53569">
<enum>
(3)
</enum>
<header>
Youth discretionary allocation
</header>
<text>
In lieu of making the allocation described in paragraph (2), in allocating the funds described in paragraph (1) to local areas, a State may distribute—
</text>
<subparagraph commented="no" display-inline="no-display-inline" id="HA031D9035A2E46019D615EBD390D7C21">
<enum>
(A)
</enum>
<text>
a portion equal to not less than 70 percent of the funds in accordance with paragraph (2)(A); and
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H6C3D9FDD86564D7E8EA86E9C8A43F64D">
<enum>
(B)
</enum>
<text>
the remaining portion of the funds on the basis of a formula that—
</text>
<clause id="H787DCE0E39BB44F49E9167BA451E7130">
<enum>
(i)
</enum>
<text>
incorporates additional factors (other than the factors described in paragraph (2)(A)) relating to—
</text>
<subclause id="H0C8DED59D71D4F88A77C069CCCD8467F">
<enum>
(I)
</enum>
<text>
excess youth poverty in urban, rural, and suburban local areas; and
</text>
</subclause>
<subclause id="H9EBD7D6371D643EEB43C75D0D927A2A8">
<enum>
(II)
</enum>
<text>
excess unemployment above the State average in urban, rural, and suburban local areas; and
</text>
</subclause>
</clause>
<clause id="H64CE4A7CCD37496AA73FDFFEDCFB838E">
<enum>
(ii)
</enum>
<text>
was developed by the State board and approved by the Secretary as part of the State plan.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H79AF8283A7044C43B6F21A710F618D2F">
<enum>
(4)
</enum>
<header>
Local administrative cost limit
</header>
<subparagraph id="HD5E93CA8F45648C1948668218CA8C955">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Of the amount allocated to a local area under this subsection and section 133(b) for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities under this chapter or chapter 3.
</text>
</subparagraph>
<subparagraph id="HC64F3E54042446E68205997056023C21">
<enum>
(B)
</enum>
<header>
Use of funds
</header>
<text>
Funds made available for administrative costs under subparagraph (A) may be used for the administrative costs of any of the local workforce investment activities described in this chapter or chapter 3, regardless of whether the funds were allocated under this subsection or section 133(b).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HE0CD95C2B62A4D378BC6E5730FDDC00B">
<enum>
(c)
</enum>
<header>
Reallocation among local areas
</header>
<paragraph id="H27274734588B4EA3A9F802493DE5ADDE">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Governor may, in accordance with this subsection and after consultation with the State board, reallocate to eligible local areas within the State amounts that are made available to local areas from allocations made under this section or a corresponding provision of the Workforce Investment Act of 1998 for youth workforce investment activities (referred to individually in this subsection as a
<quote>
local allocation
</quote>
) and that are available for reallocation.
</text>
</paragraph>
<paragraph id="H6E168D17666A4009AF1DB3ED09E869AE">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text>
The amount available for reallocation for a program year is equal to the amount by which the unobligated balance of the local allocation, at the end of the program year prior to the program year for which the determination under this paragraph is made, exceeds 20 percent of such allocation for the prior program year.
</text>
</paragraph>
<paragraph id="HDCEC8C7CE1A34B68BEBDF1FBD9088165">
<enum>
(3)
</enum>
<header>
Reallocation
</header>
<text>
In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount of the local allocation for the program year for which the determination is made, as compared to the total amount of the local allocations for all eligible local areas in the State for such program year.
</text>
</paragraph>
<paragraph id="H7F70E1F60E9B4A16A6980049527AF152">
<enum>
(4)
</enum>
<header>
Eligibility
</header>
<text>
For purposes of this subsection, an eligible local area means a local area that does not have an amount available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made.
</text>
</paragraph>
</subsection>
</section>
<section id="H644965DC83D2474C89EC97AAF62D8E78">
<enum>
129.
</enum>
<header>
Use of funds for youth workforce investment activities
</header>
<subsection id="HFEF4A2558D3443F594E7924E0CB823DB">
<enum>
(a)
</enum>
<header>
Youth participant eligibility
</header>
<paragraph id="H2CC297C087794136B74F824CCA9307A7">
<enum>
(1)
</enum>
<header>
Eligibility
</header>
<subparagraph id="H0E7969E436F6438E9E93B5AC96EBB166">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
To be eligible to participate in activities carried out under this chapter during any program year an individual shall, at the time the eligibility determination is made, be an out-of-school youth or an in-school youth.
</text>
</subparagraph>
<subparagraph id="HF3A0FD9369F84855824B7346EEF286A8">
<enum>
(B)
</enum>
<header>
Out-of-school youth
</header>
<text>
In this title, the term
<term>
out-of-school youth
</term>
means an individual who is—
</text>
<clause id="HA608B5C008EE4360907E975294F6EECD">
<enum>
(i)
</enum>
<text>
not attending any school (as defined under State law);
</text>
</clause>
<clause id="HA2E6E0B31D4147B28AC84A3AAE8B1555">
<enum>
(ii)
</enum>
<text>
not younger than age 16 or older than age 24; and
</text>
</clause>
<clause id="HEE8D4C6614C245E9B2029FB1A612660D">
<enum>
(iii)
</enum>
<text>
one or more of the following:
</text>
<subclause id="H3DDBD6C4D8DA47D6BB7718A3222C35E9">
<enum>
(I)
</enum>
<text>
A school dropout.
</text>
</subclause>
<subclause id="HAFFACDC106264619887E108215AD5139">
<enum>
(II)
</enum>
<text>
A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter.
</text>
</subclause>
<subclause id="H3771D8CE4FF44640AA6463C46347A932">
<enum>
(III)
</enum>
<text>
A recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is—
</text>
<item id="H758033C0BAE54C9BB486603AD58A8C5C">
<enum>
(aa)
</enum>
<text>
basic skills deficient; or
</text>
</item>
<item id="H1B143FE82A3F48FF98D66BA03FF259FE">
<enum>
(bb)
</enum>
<text>
an English language learner.
</text>
</item>
</subclause>
<subclause id="H184D84565759449A8BBCEC84A26DF3A7">
<enum>
(IV)
</enum>
<text>
An individual who is subject to the juvenile or adult justice system.
</text>
</subclause>
<subclause id="H6E7F22A1B9BD48419FB1C71F6B8A4998">
<enum>
(V)
</enum>
<text>
A homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 (
<external-xref legal-doc="usc" parsable-cite="usc/42/14043e-2">
42 U.S.C. 14043e–2(6)
</external-xref>
)), a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/11434a">
42 U.S.C. 11434a(2)
</external-xref>
)), a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/677">
42 U.S.C. 677
</external-xref>
), or in an out-of-home placement.
</text>
</subclause>
<subclause id="HD3A71BBB180445CDABD37866B3558218">
<enum>
(VI)
</enum>
<text>
An individual who is pregnant or parenting.
</text>
</subclause>
<subclause id="H4598E69D715C41E490A977A263AD90C7">
<enum>
(VII)
</enum>
<text>
A youth who is an individual with a disability.
</text>
</subclause>
<subclause commented="no" id="H49EEED5FBA58499483EE4A7C96FA9209">
<enum>
(VIII)
</enum>
<text>
A low-income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HA44F560575D846919409A2ECD36952F6">
<enum>
(C)
</enum>
<header>
In-school youth
</header>
<text>
In this section, the term
<term>
in-school youth
</term>
means an individual who is—
</text>
<clause id="HF51EC09891B446C4ADD9748CA64003C0">
<enum>
(i)
</enum>
<text>
attending school (as defined by State law);
</text>
</clause>
<clause id="H1C0D51DF7BE64A1F800296450AC477EF">
<enum>
(ii)
</enum>
<text>
not younger than age 14 or (unless an individual with a disability who is attending school under State law) older than age 21;
</text>
</clause>
<clause id="H4BBC650F203A4E09AC3995F451AFB7FF">
<enum>
(iii)
</enum>
<text>
a low-income individual; and
</text>
</clause>
<clause id="H32FA4AB61525442BB751E08BC03DB17A">
<enum>
(iv)
</enum>
<text>
one or more of the following:
</text>
<subclause id="H2839F239717D4B4C9B6B76F430D9FCB9">
<enum>
(I)
</enum>
<text>
Basic skills deficient.
</text>
</subclause>
<subclause id="HF5E43B0B081F488CBFE805CBB04CB6BD">
<enum>
(II)
</enum>
<text>
An English language learner.
</text>
</subclause>
<subclause id="H131662F12F564C04B7FF48B95A1A60C0">
<enum>
(III)
</enum>
<text>
An offender.
</text>
</subclause>
<subclause id="HEBABA71B82D64E10AC285F83B1DE0F0F">
<enum>
(IV)
</enum>
<text>
A homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 (
<external-xref legal-doc="usc" parsable-cite="usc/42/14043e-2">
42 U.S.C. 14043e–2(6)
</external-xref>
)), a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/11434a">
42 U.S.C. 11434a(2)
</external-xref>
)), a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/677">
42 U.S.C. 677
</external-xref>
), or in an out-of-home placement.
</text>
</subclause>
<subclause id="H4B46F7E10CF745E68715AFD84EB74492">
<enum>
(V)
</enum>
<text>
Pregnant or parenting.
</text>
</subclause>
<subclause id="H1BA7337F146D4CC78727879C65DCCD12">
<enum>
(VI)
</enum>
<text>
A youth who is an individual with a disability.
</text>
</subclause>
<subclause commented="no" id="H1E09DCB46AF346B795135AA53D374B55">
<enum>
(VII)
</enum>
<text>
An individual who requires additional assistance to complete an educational program or to secure or hold employment.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H91B6A2B7123E4F95AE502F7D37DEF67A">
<enum>
(2)
</enum>
<header>
Special rule
</header>
<text>
For the purpose of this subsection, the term
<term>
low-income
</term>
, used with respect to an individual, also includes a youth living in a high-poverty area.
</text>
</paragraph>
<paragraph id="H00F84B47AEFB4D62A72296BAB60057FA">
<enum>
(3)
</enum>
<header>
Exception and limitation
</header>
<subparagraph id="H1D3A967EA3BB45058999D074AF96EDEF">
<enum>
(A)
</enum>
<header>
Exception for persons who are not low-income individuals
</header>
<clause id="HBE251BC00B434E05BAEF74D64745B5D7">
<enum>
(i)
</enum>
<header>
Definition
</header>
<text>
In this subparagraph, the term
<term>
covered individual
</term>
means an in-school youth, or an out-of-school youth who is described in subclause (III) or (VIII) of paragraph (1)(B)(iii).
</text>
</clause>
<clause id="H71636A671C7E492C8D7EDB4BCF16E745">
<enum>
(ii)
</enum>
<header>
Exception
</header>
<text>
In each local area, not more than 5 percent of the individuals assisted under this section may be persons who would be covered individuals, except that the persons are not low-income individuals.
</text>
</clause>
</subparagraph>
<subparagraph id="H5D97B23906C94EAAA9E5F138B90EA41D">
<enum>
(B)
</enum>
<header>
Limitation
</header>
<text>
In each local area, not more than 5 percent of the in-school youth assisted under this section may be eligible under paragraph (1) because the youth are in-school youth described in paragraph (1)(C)(iv)(VII).
</text>
</subparagraph>
</paragraph>
<paragraph id="H1FE0A1BB4B7C4D3487C07B6750BEFD61">
<enum>
(4)
</enum>
<header>
Out-of-school priority
</header>
<subparagraph id="H69B5B3E50A0C43F884A15D8ABEEAD64C">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
For any program year, not less than 75 percent of the funds allotted under section 127(b)(1)(C), reserved under section 128(a), and available for statewide activities under subsection (b), and not less than 75 percent of funds available to local areas under subsection (c), shall be used to provide youth workforce investment activities for out-of-school youth.
</text>
</subparagraph>
<subparagraph id="H610FA18A4BD146D98F069A7376BBBC1D">
<enum>
(B)
</enum>
<header>
Exception
</header>
<text>
A State that receives a minimum allotment under section 127(b)(1) in accordance with section 127(b)(1)(C)(iv) or under section 132(b)(1) in accordance with section 132(b)(1)(B)(iv) may decrease the percentage described in subparagraph (A) to not less than 50 percent for a local area in the State, if—
</text>
<clause id="HAA9AE7938250403291CAF46D9501B89A">
<enum>
(i)
</enum>
<text>
after an analysis of the in-school youth and out-of-school youth populations in the local area, the State determines that the local area will be unable to use at least 75 percent of the funds available for activities under subsection (c) to serve out-of-school youth due to a low number of out-of-school youth; and
</text>
</clause>
<clause id="H6025EE0E32524A5B8B2234417D24222E">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H231B09F440CF46E59A078C911CDF2D5E">
<enum>
(I)
</enum>
<text>
the State submits to the Secretary, for the local area, a request including a proposed percentage decreased to not less than 50 percent for purposes of subparagraph (A), and a summary of the analysis described in clause (i); and
</text>
</subclause>
<subclause id="H75222DD6AEF149EEB75BFD00BA7AE414" indent="up1">
<enum>
(II)
</enum>
<text>
the request is approved by the Secretary.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HA72179DBF8D443678A165BF01A14EA04">
<enum>
(5)
</enum>
<header>
Consistency with compulsory school attendance laws
</header>
<text>
In providing assistance under this section to an individual who is required to attend school under applicable State compulsory school attendance laws, the priority in providing such assistance shall be for the individual to attend school regularly.
</text>
</paragraph>
</subsection>
<subsection id="H734B1E5A845545738DFD185A26064882">
<enum>
(b)
</enum>
<header>
Statewide activities
</header>
<paragraph id="H0B47D6F69B924D6889B1111068963AB2">
<enum>
(1)
</enum>
<header>
Required Statewide Youth Activities
</header>
<text>
Funds reserved by a Governor as described in sections 128(a) and 133(a)(1) shall be used, regardless of whether the funds were allotted to the State under section 127(b)(1)(C) or under paragraph (1)(B) or (2)(B) of section 132(b) for statewide activities, which shall include—
</text>
<subparagraph id="H2780EE1A343246F7A0A5B16415F8F67B">
<enum>
(A)
</enum>
<text>
conducting evaluations under section 116(e) of activities authorized under this chapter and chapter 3 in coordination with evaluations carried out by the Secretary under section 169(a);
</text>
</subparagraph>
<subparagraph id="HFDC6366A3EAC4D61BA94980ED7B2F1DE">
<enum>
(B)
</enum>
<text>
disseminating a list of eligible providers of youth workforce investment activities, as determined under section 123;
</text>
</subparagraph>
<subparagraph id="H28DEE49AE10A4560B295897CFAADADCD">
<enum>
(C)
</enum>
<text>
providing assistance to local areas as described in subsections (b)(6) and (c)(2) of section 106, for local coordination of activities carried out under this title;
</text>
</subparagraph>
<subparagraph id="H414F3CACA6714AF6AAE8D2FD52F74FAC">
<enum>
(D)
</enum>
<text>
operating a fiscal and management accountability information system under section 116(i);
</text>
</subparagraph>
<subparagraph id="HA8BFB55EBDD44419A67DA3CBD029BB08">
<enum>
(E)
</enum>
<text>
carrying out monitoring and oversight of activities carried out under this chapter and chapter 3, which may include a review comparing the services provided to male and female youth; and
</text>
</subparagraph>
<subparagraph id="H14FC6BAF967E4F53A09ABF2E3E265000">
<enum>
(F)
</enum>
<text>
providing additional assistance to local areas that have high concentrations of eligible youth.
</text>
</subparagraph>
</paragraph>
<paragraph id="H6146EAF81CC444C8A53D3E4A7F0CBC78">
<enum>
(2)
</enum>
<header>
Allowable statewide youth activities
</header>
<text>
Funds reserved by a Governor as described in sections 128(a) and 133(a)(1) may be used, regardless of whether the funds were allotted to the State under section 127(b)(1)(C) or under paragraph (1)(B) or (2)(B) of section 132(b), for statewide activities, which may include—
</text>
<subparagraph id="HD49CC02D83FB45A7A9905A91C6D45EC0">
<enum>
(A)
</enum>
<text>
conducting—
</text>
<clause id="H594C07463D1443EB800DB69C0D545B8E">
<enum>
(i)
</enum>
<text>
research related to meeting the education and employment needs of eligible youth; and
</text>
</clause>
<clause id="HB353D78D93114CD69372AFE492BE5F8E">
<enum>
(ii)
</enum>
<text>
demonstration projects related to meeting the education and employment needs of eligible youth;
</text>
</clause>
</subparagraph>
<subparagraph id="H3685F2E732FB4A979A6D2F8D9CD75001">
<enum>
(B)
</enum>
<text>
supporting the development of alternative, evidence-based programs and other activities that enhance the choices available to eligible youth and encourage such youth to reenter and complete secondary education, enroll in postsecondary education and advanced training, progress through a career pathway, and enter into unsubsidized employment that leads to economic self-sufficiency;
</text>
</subparagraph>
<subparagraph id="HC697C2C4DE594F87AA2B68C3D3CF289E">
<enum>
(C)
</enum>
<text>
supporting the provision of career services described in section 134(c)(2) in the one-stop delivery system in the State;
</text>
</subparagraph>
<subparagraph id="H50F05788F267457D85FE086D65E4C37C">
<enum>
(D)
</enum>
<text>
supporting financial literacy, including—
</text>
<clause id="H2356881BD94E4358A8A9E394D33450E6">
<enum>
(i)
</enum>
<text>
supporting the ability of participants to create household budgets, initiate savings plans, and make informed financial decisions about education, retirement, home ownership, wealth building, or other savings goals;
</text>
</clause>
<clause id="H1E9A28AF42D0443581B17E121452C152">
<enum>
(ii)
</enum>
<text>
supporting the ability to manage spending, credit, and debt, including credit card debt, effectively;
</text>
</clause>
<clause id="HD4A77E2D083F4E12850993A3FA8A5758">
<enum>
(iii)
</enum>
<text>
increasing awareness of the availability and significance of credit reports and credit scores in obtaining credit, including determining their accuracy (and how to correct inaccuracies in the reports and scores), and their effect on credit terms;
</text>
</clause>
<clause id="H734F931FB333450B98784F822EC8A87F">
<enum>
(iv)
</enum>
<text>
supporting the ability to understand, evaluate, and compare financial products, services, and opportunities; and
</text>
</clause>
<clause id="H3745B51B239B482F9F942C59B324AB99">
<enum>
(v)
</enum>
<text>
supporting activities that address the particular financial literacy needs of non-English speakers, including providing the support through the development and distribution of multilingual financial literacy and education materials; and
</text>
</clause>
</subparagraph>
<subparagraph id="HEEB27389815243CC9A8EDDFF5AE7AFD3">
<enum>
(E)
</enum>
<text>
providing technical assistance to, as appropriate, local boards, chief elected officials, one-stop operators, one-stop partners, and eligible providers, in local areas, which provision of technical assistance shall include the development and training of staff, the development of exemplary program activities, the provision of technical assistance to local areas that fail to meet local performance accountability measures described in section 116(c), and the provision of technology to facilitate remote access to services provided through the one-stop delivery system in the State.
</text>
</subparagraph>
</paragraph>
<paragraph id="H6A3FFE1F58B149F89BEBC824934D605A">
<enum>
(3)
</enum>
<header>
Limitation
</header>
<text>
Not more than 5 percent of the funds allotted to a State under section 127(b)(1)(C) shall be used by the State for administrative activities carried out under this subsection or section 134(a).
</text>
</paragraph>
</subsection>
<subsection id="H60FC1EEF8FF548938BC1052B676E20EA">
<enum>
(c)
</enum>
<header>
Local elements and requirements
</header>
<paragraph id="H1BE51B57BDD44F408CA4EE67AB99F9E5">
<enum>
(1)
</enum>
<header>
Program design
</header>
<text>
Funds allocated to a local area for eligible youth under section 128(b) shall be used to carry out, for eligible youth, programs that—
</text>
<subparagraph id="H4DF23EC187E1469399577DF23BAB04D3">
<enum>
(A)
</enum>
<text>
provide an objective assessment of the academic levels, skill levels, and service needs of each participant, which assessment shall include a review of basic skills, occupational skills, prior work experience, employability, interests, aptitudes (including interests and aptitudes for nontraditional jobs), supportive service needs, and developmental needs of such participant, for the purpose of identifying appropriate services and career pathways for participants, except that a new assessment of a participant is not required if the provider carrying out such a program determines it is appropriate to use a recent assessment of the participant conducted pursuant to another education or training program;
</text>
</subparagraph>
<subparagraph id="HB13485805CFF422FBD1FCDA69BCAF99E">
<enum>
(B)
</enum>
<text>
develop service strategies for each participant that are directly linked to 1 or more of the indicators of performance described in section 116(b)(2)(A)(ii), and that shall identify career pathways that include education and employment goals (including, in appropriate circumstances, nontraditional employment), appropriate achievement objectives, and appropriate services for the participant taking into account the assessment conducted pursuant to subparagraph (A), except that a new service strategy for a participant is not required if the provider carrying out such a program determines it is appropriate to use a recent service strategy developed for the participant under another education or training program;
</text>
</subparagraph>
<subparagraph id="HAFA1204482AF428493A918B79F1AA1D8">
<enum>
(C)
</enum>
<text>
provide—
</text>
<clause id="H37ED8E712BA54D1EAF08CF076B782FBF">
<enum>
(i)
</enum>
<text>
activities leading to the attainment of a secondary school diploma or its recognized equivalent, or a recognized postsecondary credential;
</text>
</clause>
<clause id="H8CF20F47E19943DB9884E63546A7EB98">
<enum>
(ii)
</enum>
<text>
preparation for postsecondary educational and training opportunities;
</text>
</clause>
<clause id="H42B34E39D9E4426888FA470121697BE2">
<enum>
(iii)
</enum>
<text>
strong linkages between academic instruction (based on State academic content and student academic achievement standards established under section 1111 of the Elementary and Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/6311">
20 U.S.C. 6311
</external-xref>
)) and occupational education that lead to the attainment of recognized postsecondary credentials;
</text>
</clause>
<clause id="H597AA0AC264A4F2DB1890F7AC2EBD7F5">
<enum>
(iv)
</enum>
<text>
preparation for unsubsidized employment opportunities, in appropriate cases; and
</text>
</clause>
<clause id="H89E4D325B2CA425A9326864615A10727">
<enum>
(v)
</enum>
<text>
effective connections to employers, including small employers, in in-demand industry sectors and occupations of the local and regional labor markets; and
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="HD64D1CC503244EDFAB23F66EEB4C120E">
<enum>
(D)
</enum>
<text>
at the discretion of the local board, implement a pay-for-performance contract strategy for elements described in paragraph (2), for which the local board may reserve and use not more than 10 percent of the total funds allocated to the local area under section 128(b).
</text>
</subparagraph>
</paragraph>
<paragraph id="HB325B71615B940B5999AA0E6B8982287">
<enum>
(2)
</enum>
<header>
Program elements
</header>
<text>
In order to support the attainment of a secondary school diploma or its recognized equivalent, entry into postsecondary education, and career readiness for participants, the programs described in paragraph (1) shall provide elements consisting of—
</text>
<subparagraph id="H0C8EE5FD369C451AA1CACDB6A2B293FD">
<enum>
(A)
</enum>
<text>
tutoring, study skills training, instruction, and evidence-based dropout prevention and recovery strategies that lead to completion of the requirements for a secondary school diploma or its recognized equivalent (including a recognized certificate of attendance or similar document for individuals with disabilities) or for a recognized postsecondary credential;
</text>
</subparagraph>
<subparagraph id="H38FAFAB0C748428F84A8DD19FCF69B7E">
<enum>
(B)
</enum>
<text>
alternative secondary school services, or dropout recovery services, as appropriate;
</text>
</subparagraph>
<subparagraph id="HE65E581F8AF843DD9159336C1D3A414E">
<enum>
(C)
</enum>
<text>
paid and unpaid work experiences that have as a component academic and occupational education, which may include—
</text>
<clause id="H1730525CAB6D45719225C5FD40EC059A">
<enum>
(i)
</enum>
<text>
summer employment opportunities and other employment opportunities available throughout the school year;
</text>
</clause>
<clause id="H2D75804A82414972965202C216F066FD">
<enum>
(ii)
</enum>
<text>
pre-apprenticeship programs;
</text>
</clause>
<clause id="H1AFA1B287ED84C6B8F772EADCA2B4293">
<enum>
(iii)
</enum>
<text>
internships and job shadowing; and
</text>
</clause>
<clause id="H06A0019F51F34EBF8413BF9CF2D54D48">
<enum>
(iv)
</enum>
<text>
on-the-job training opportunities;
</text>
</clause>
</subparagraph>
<subparagraph id="H5B4A3533DEDA41B8AFC8D026BDC11B09">
<enum>
(D)
</enum>
<text>
occupational skill training, which shall include priority consideration for training programs that lead to recognized postsecondary credentials that are aligned with in-demand industry sectors or occupations in the local area involved, if the local board determines that the programs meet the quality criteria described in section 123;
</text>
</subparagraph>
<subparagraph id="H41C8BE22AF4241688B8CF03C4F739671">
<enum>
(E)
</enum>
<text>
education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster;
</text>
</subparagraph>
<subparagraph id="H7B82B10BDB82473792414C51635A9E61">
<enum>
(F)
</enum>
<text>
leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social and civic behaviors, as appropriate;
</text>
</subparagraph>
<subparagraph id="H969E8542B7F04276BAC07425807ECB64">
<enum>
(G)
</enum>
<text>
supportive services;
</text>
</subparagraph>
<subparagraph id="H7D685B14E4A24763AD6DF97C31CFF6DC">
<enum>
(H)
</enum>
<text>
adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months;
</text>
</subparagraph>
<subparagraph id="H3E3030FB8E574F39B715138EBD1AD18A">
<enum>
(I)
</enum>
<text>
followup services for not less than 12 months after the completion of participation, as appropriate;
</text>
</subparagraph>
<subparagraph id="HE9F077E767A04FC99E6E5A7FC1DAC66B">
<enum>
(J)
</enum>
<text>
comprehensive guidance and counseling, which may include drug and alcohol abuse counseling and referral, as appropriate;
</text>
</subparagraph>
<subparagraph id="H6F9315E09EA54730AEAFF5571809E91F">
<enum>
(K)
</enum>
<text>
financial literacy education;
</text>
</subparagraph>
<subparagraph id="H5A7A660D88684E2A839387F09FE4FA49">
<enum>
(L)
</enum>
<text>
entrepreneurial skills training;
</text>
</subparagraph>
<subparagraph id="HF7882ABACA97435980662DD06038EBD6">
<enum>
(M)
</enum>
<text>
services that provide labor market and employment information about in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services; and
</text>
</subparagraph>
<subparagraph id="H63BF4D2323014F8AA1AC170302FAF99A">
<enum>
(N)
</enum>
<text>
activities that help youth prepare for and transition to postsecondary education and training.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF746ECF9408C4418A633BE582B1CB2E9">
<enum>
(3)
</enum>
<header>
Additional requirements
</header>
<subparagraph id="H1BDCBE7DAFD9402FAB356877323EA113">
<enum>
(A)
</enum>
<header>
Information and referrals
</header>
<text>
Each local board shall ensure that each participant shall be provided—
</text>
<clause id="HCDE8ABD3F08D4DD1AB7E44CA194C2498">
<enum>
(i)
</enum>
<text>
information on the full array of applicable or appropriate services that are available through the local board or other eligible providers or one-stop partners, including those providers or partners receiving funds under this subtitle; and
</text>
</clause>
<clause id="HEE02A55CEB2147D19C2040FCABE1F7A5">
<enum>
(ii)
</enum>
<text>
referral to appropriate training and educational programs that have the capacity to serve the participant either on a sequential or concurrent basis.
</text>
</clause>
</subparagraph>
<subparagraph id="HCB83994B2DC740E28422DF1F716263DF">
<enum>
(B)
</enum>
<header>
Applicants not meeting enrollment requirements
</header>
<text>
Each eligible provider of a program of youth workforce investment activities shall ensure that an eligible applicant who does not meet the enrollment requirements of the particular program or who cannot be served shall be referred for further assessment, as necessary, and referred to appropriate programs in accordance with subparagraph (A) to meet the basic skills and training needs of the applicant.
</text>
</subparagraph>
<subparagraph id="H64D1916835C6434EBB89BBB3F23F96B1">
<enum>
(C)
</enum>
<header>
Involvement in design and implementation
</header>
<text>
The local board shall ensure that parents, participants, and other members of the community with experience relating to programs for youth are involved in the design and implementation of the programs described in paragraph (1).
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H074E75F7922B40F1A56C844D19BE275E">
<enum>
(4)
</enum>
<header>
Priority
</header>
<text>
Not less than 20 percent of the funds allocated to the local area as described in paragraph (1) shall be used to provide in-school youth and out-of-school youth with activities under paragraph (2)(C).
</text>
</paragraph>
<paragraph commented="no" id="HB1901AAA72BA4FA387CE2E06B841466E">
<enum>
(5)
</enum>
<header>
Rule of construction
</header>
<text>
Nothing in this chapter shall be construed to require that each of the elements described in subparagraphs of paragraph (2) be offered by each provider of youth services.
</text>
</paragraph>
<paragraph id="HD70F7996EBA84C3E9B34F9BF80DA7C0C">
<enum>
(6)
</enum>
<header>
Prohibitions
</header>
<subparagraph id="H60E61CE82DD14AD6A337E3C2D598CD76">
<enum>
(A)
</enum>
<header>
Prohibition against Federal control of education
</header>
<text>
No provision of this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution, school, or school system.
</text>
</subparagraph>
<subparagraph id="HFC6E8351396449CC9AAFBFB7DC0F0DA9">
<enum>
(B)
</enum>
<header>
Noninterference and nonreplacement of regular academic requirements
</header>
<text>
No funds described in paragraph (1) shall be used to provide an activity for eligible youth who are not school dropouts if participation in the activity would interfere with or replace the regular academic requirements of the youth.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2B6BA30EEA024DBABE83D85BC406C1FC">
<enum>
(7)
</enum>
<header>
Linkages
</header>
<text>
In coordinating the programs authorized under this section, local boards shall establish linkages with local educational agencies responsible for services to participants as appropriate.
</text>
</paragraph>
<paragraph id="H303B3E2ADAD745689A8E78AA3D17D034">
<enum>
(8)
</enum>
<header>
Volunteers
</header>
<text>
The local board shall make opportunities available for individuals who have successfully participated in programs carried out under this section to volunteer assistance to participants in the form of mentoring, tutoring, and other activities.
</text>
</paragraph>
</subsection>
</section>
</chapter>
<chapter id="H1888C0EEB17B43D0A0E32F20D5132720">
<enum>
3
</enum>
<header>
Adult and dislocated worker employment and training activities
</header>
<section id="HAE1993DBA7E0419B8E6C6DBEF5969EFA">
<enum>
131.
</enum>
<header>
General authorization
</header>
<text display-inline="no-display-inline">
The Secretary shall make allotments under paragraphs (1)(B) and (2)(B) of section 132(b) to each State that meets the requirements of section 102 or 103 and grants under paragraphs (1)(A) and (2)(A) of section 132(b) to each outlying area that complies with the requirements of this title, to assist the State or outlying area, and to enable the State or outlying area to assist local areas, for the purpose of providing workforce investment activities for adults, and dislocated workers, in the State or outlying area and in the local areas.
</text>
</section>
<section id="H3F1475D77CB941B681F8E2295770AE80">
<enum>
132.
</enum>
<header>
State allotments
</header>
<subsection id="H982823DF92DC4D67B186AB239C85EA25">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
The Secretary shall—
</text>
<paragraph id="HA343F7343AC84B12A854ADE1999945CF">
<enum>
(1)
</enum>
<text>
make allotments and grants from the amount appropriated under section 136(b) for a fiscal year in accordance with subsection (b)(1); and
</text>
</paragraph>
<paragraph id="H916279E9C2864CD2BEBCDA7BC06AE536">
<enum>
(2)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H314CD50084A84C189B62458C89BA4DE8">
<enum>
(A)
</enum>
<text>
reserve 20 percent of the amount appropriated under section 136(c) for the fiscal year for use under subsection (b)(2)(A), and under sections 168(b) (relating to dislocated worker technical assistance), 169(c) (relating to dislocated worker projects), and 170 (relating to national dislocated worker grants); and
</text>
</subparagraph>
<subparagraph id="HE72F7B8B389A42149FDC5FE78528FDA4" indent="up1">
<enum>
(B)
</enum>
<text>
make allotments from 80 percent of the amount appropriated under section 136(c) for the fiscal year in accordance with subsection (b)(2)(B).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H809D78A30EA34A96BA966C1D771BF9D9">
<enum>
(b)
</enum>
<header>
Allotment among States
</header>
<paragraph id="H41A974C82D77488E903C6F565D5E4DD0">
<enum>
(1)
</enum>
<header>
Adult employment and training activities
</header>
<subparagraph id="HE1F4C895930546DB919647B3ECA7D7FC">
<enum>
(A)
</enum>
<header>
Reservation for outlying areas
</header>
<clause id="H820239A1906941F3B4A711452B0B62C7">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
From the amount made available under subsection (a)(1) for a fiscal year, the Secretary shall reserve not more than
<fraction>
1/4
</fraction>
of 1 percent of such amount to provide assistance to the outlying areas.
</text>
</clause>
<clause id="H683F2FBB92AD41229AD6C01D32B97996">
<enum>
(ii)
</enum>
<header>
Applicability of additional requirements
</header>
<text>
From the amount reserved under clause (i), the Secretary shall provide assistance to the outlying areas for adult employment and training activities and statewide workforce investment activities in accordance with the requirements of section 127(b)(1)(B).
</text>
</clause>
</subparagraph>
<subparagraph id="H72C388EA3D2040AA928869B280F70D17">
<enum>
(B)
</enum>
<header>
States
</header>
<clause id="H95D67CA7C8834BCBB6B07EA26050812A">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
After determining the amount to be reserved under subparagraph (A), the Secretary shall allot the remainder of the amount made available under subsection (a)(1) for that fiscal year to the States pursuant to clause (ii) for adult employment and training activities and statewide workforce investment activities.
</text>
</clause>
<clause id="H72C5E23333ED499E864231B8EB7720D8">
<enum>
(ii)
</enum>
<header>
Formula
</header>
<text>
Subject to clauses (iii) and (iv), of the remainder—
</text>
<subclause id="H41915AC6D7B04BB599EBEC90F01C71AE">
<enum>
(I)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States;
</text>
</subclause>
<subclause id="H74522E76C8C1492985E3EB6B9CC93BDC">
<enum>
(II)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and
</text>
</subclause>
<subclause id="H8E663E8B70B74889AA817DAE8B535ACD">
<enum>
(III)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative number of disadvantaged adults in each State, compared to the total number of disadvantaged adults in all States, except as described in clause (iii).
</text>
</subclause>
</clause>
<clause id="HB0605C012C86401A9B2CDEB8A951AA9C">
<enum>
(iii)
</enum>
<header>
Calculation
</header>
<text>
In determining an allotment under clause (ii)(III) for any State in which there is an area that was designated as a local area as described in section 107(c)(1)(C), the allotment shall be based on the higher of—
</text>
<subclause id="H876CC8FA9CFF47AF9E48804508924789">
<enum>
(I)
</enum>
<text>
the number of adults in families with an income below the low-income level in such area; or
</text>
</subclause>
<subclause id="H61DF3B23E45646ADB60A46784E5D271C">
<enum>
(II)
</enum>
<text>
the number of disadvantaged adults in such area.
</text>
</subclause>
</clause>
<clause id="H60592EE6FDB3485CB36E68280FDE6382">
<enum>
(iv)
</enum>
<header>
Minimum and maximum percentages and minimum allotments
</header>
<text>
In making allotments under this subparagraph, the Secretary shall ensure the following:
</text>
<subclause id="H88D1A188D1914CFE8547F324FA27CF24">
<enum>
(I)
</enum>
<header>
Minimum percentage and allotment
</header>
<text>
Subject to subclause (IV), the Secretary shall ensure that no State shall receive an allotment for a fiscal year that is an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year.
</text>
</subclause>
<subclause id="H92A1B7526CF24030A376CBEC190BF894">
<enum>
(II)
</enum>
<header>
Small state minimum allotment
</header>
<text>
Subject to subclauses (I), (III), and (IV), the Secretary shall ensure that no State shall receive an allotment under this subparagraph that is less than the total of—
</text>
<item id="HE6952E73AAAE4891B7400E118519158D">
<enum>
(aa)
</enum>
<text>
<fraction>
3/10
</fraction>
of 1 percent of $960,000,000 of the remainder described in clause (i) for the fiscal year; and
</text>
</item>
<item id="HB408F78D6F7E453D91CE0ED4343AC7D9">
<enum>
(bb)
</enum>
<text>
if the remainder described in clause (i) for the fiscal year exceeds $960,000,000,
<fraction>
2/5
</fraction>
of 1 percent of the excess.
</text>
</item>
</subclause>
<subclause id="HF2CA28CDEDA54133841D9A76F8E4DC8B">
<enum>
(III)
</enum>
<header>
Maximum percentage
</header>
<text>
Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.
</text>
</subclause>
<subclause id="HA25622DEAC984F6D95CC7D5E2776066D">
<enum>
(IV)
</enum>
<header>
Minimum funding
</header>
<text>
In any fiscal year in which the remainder described in clause (i) does not exceed $960,000,000, the minimum allotments under subclauses (I) and (II) shall be calculated by the methodology specified in section 132(b)(1)(B)(iv)(IV) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act).
</text>
</subclause>
</clause>
<clause id="H90D82A48BB3E4EECB572F3723F2004C2">
<enum>
(v)
</enum>
<header>
Definitions
</header>
<text>
For the purpose of the formula specified in this subparagraph:
</text>
<subclause id="H0C18A1A4F8294C9285D071FFB35113E2">
<enum>
(I)
</enum>
<header>
Adult
</header>
<text>
The term
<term>
adult
</term>
means an individual who is not less than age 22 and not more than age 72.
</text>
</subclause>
<subclause id="HDB8098030E1347E8936079F5E99DECDD">
<enum>
(II)
</enum>
<header>
Allotment percentage
</header>
<text>
The term
<term>
allotment percentage
</term>
, used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the remainder described in clause (i) that is received through an allotment made under this subparagraph for the fiscal year. The term, used with respect to fiscal year 2014, means the percentage of the amount allotted to States under section 132(b)(1)(B) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act) that is received under such section by the State involved for fiscal year 2014.
</text>
</subclause>
<subclause id="H2894D47DACBF4E3FBBC2A15E7D574827">
<enum>
(III)
</enum>
<header>
Area of substantial unemployment
</header>
<text>
The term
<term>
area of substantial unemployment
</term>
means any area that is of sufficient size and scope to sustain a program of workforce investment activities carried out under this subtitle and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. For purposes of this subclause, determinations of areas of substantial unemployment shall be made once each fiscal year.
</text>
</subclause>
<subclause id="HC7E3EFC961B94DBE8DA63375C6099C62">
<enum>
(IV)
</enum>
<header>
Disadvantaged adult
</header>
<text>
Subject to subclause (V), the term
<term>
disadvantaged adult
</term>
means an adult who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of—
</text>
<item id="H7FA224800F8D4DA8AE5A2FB1A2D52794">
<enum>
(aa)
</enum>
<text>
the poverty line; or
</text>
</item>
<item id="HD923EF8822C4408E9891548B2C9817D0">
<enum>
(bb)
</enum>
<text>
70 percent of the lower living standard income level.
</text>
</item>
</subclause>
<subclause id="H1846870103804B289F5FFE2A1435A2D9">
<enum>
(V)
</enum>
<header>
Disadvantaged adult special rule
</header>
<text>
The Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of disadvantaged adults.
</text>
</subclause>
<subclause id="HBDB61FD550CF44E2B3051A1F548E41B5">
<enum>
(VI)
</enum>
<header>
Excess number
</header>
<text>
The term
<term>
excess number
</term>
means, used with respect to the excess number of unemployed individuals within a State, the higher of—
</text>
<item id="HF7860E1D72CF479980E920CB52E2AA71">
<enum>
(aa)
</enum>
<text>
the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or
</text>
</item>
<item id="HDC9EDA002A4741BA9A0793B688212802">
<enum>
(bb)
</enum>
<text>
the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State.
</text>
</item>
</subclause>
<subclause id="H478923178F224996ADC351B5816CEC78">
<enum>
(VII)
</enum>
<header>
Low-income level
</header>
<text>
The term
<term>
low-income level
</term>
means $7,000 with respect to income in 1969, and for any later year means that amount that bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HF2AB667C5C1548B4B23778A4EAF9434A">
<enum>
(2)
</enum>
<header>
Dislocated worker employment and training activities
</header>
<subparagraph id="H2C6FF56B76484B7C8B27BF04D45466A7">
<enum>
(A)
</enum>
<header>
Reservation for outlying areas
</header>
<clause id="H5DAEFDC27826443BB84D88BE117B08F7">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
From the amount made available under subsection (a)(2)(A) for a fiscal year, the Secretary shall reserve not more than
<fraction>
1/4
</fraction>
of 1 percent of the amount appropriated under section 136(c) for the fiscal year to provide assistance to the outlying areas.
</text>
</clause>
<clause id="HF71A1A5F66E441FA9D126DB66F05185C">
<enum>
(ii)
</enum>
<header>
Applicability of additional requirements
</header>
<text>
From the amount reserved under clause (i), the Secretary shall provide assistance to the outlying areas for dislocated worker employment and training activities and statewide workforce investment activities in accordance with the requirements of section 127(b)(1)(B).
</text>
</clause>
</subparagraph>
<subparagraph id="H89DD75D3B0EA440EA634D77DB5E13874">
<enum>
(B)
</enum>
<header>
States
</header>
<clause id="H24EE01BD2E714866B884FB8ED84D5266">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
The Secretary shall allot the amount referred to in subsection (a)(2)(B) for a fiscal year to the States pursuant to clause (ii) for dislocated worker employment and training activities and statewide workforce investment activities.
</text>
</clause>
<clause id="H6A9B86750F5146948DA095E4C3AB7B82">
<enum>
(ii)
</enum>
<header>
Formula
</header>
<text>
Subject to clause (iii), of the amount—
</text>
<subclause id="H15A550A9699C40328C8E495F68C66CFA">
<enum>
(I)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative number of unemployed individuals in each State, compared to the total number of unemployed individuals in all States;
</text>
</subclause>
<subclause id="HA078EC13A671431D8587A4F36E9E4007">
<enum>
(II)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and
</text>
</subclause>
<subclause id="H7F3C30E539904EE3A72BCA398C1CB71C">
<enum>
(III)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more.
</text>
</subclause>
</clause>
<clause id="H5EEC6F13A11441ED8222F26ED676341F">
<enum>
(iii)
</enum>
<header>
Minimum and maximum percentages and minimum allotments
</header>
<text>
In making allotments under this subparagraph, for fiscal year 2016 and each subsequent fiscal year, the Secretary shall ensure the following:
</text>
<subclause id="HF0EEA508101445759E33AAD5C47F1613">
<enum>
(I)
</enum>
<header>
Minimum percentage and allotment
</header>
<text>
The Secretary shall ensure that no State shall receive an allotment for a fiscal year that is an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year.
</text>
</subclause>
<subclause id="H3090CAC9FE404E3BB914F88AFCB42AAF">
<enum>
(II)
</enum>
<header>
Maximum percentage
</header>
<text>
Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.
</text>
</subclause>
</clause>
<clause id="H69A3F70DC478439085BAA840555808CC">
<enum>
(iv)
</enum>
<header>
Definitions
</header>
<text>
For the purpose of the formula specified in this subparagraph:
</text>
<subclause id="HFE357FE1AC204DBCA9BCC3BF56717471">
<enum>
(I)
</enum>
<header>
Allotment percentage
</header>
<text>
The term
<term>
allotment percentage
</term>
, used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the amount described in clause (i) that is received through an allotment made under this subparagraph for the fiscal year.
</text>
</subclause>
<subclause id="H4B2D0075015F4AAC853BBE3CD21651DC">
<enum>
(II)
</enum>
<header>
Excess number
</header>
<text>
The term
<term>
excess number
</term>
means, used with respect to the excess number of unemployed individuals within a State, the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HDB4F414D458843FFB6934D2D6A6647B9">
<enum>
(c)
</enum>
<header>
Reallotment
</header>
<paragraph id="HD57EC5EC9A10462AA1050047A92E5A3F">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Secretary shall, in accordance with this subsection, reallot to eligible States amounts that are made available to States from allotments made under this section or a corresponding provision of the Workforce Investment Act of 1998 for employment and training activities and statewide workforce investment activities (referred to individually in this subsection as a
<quote>
State allotment
</quote>
) and that are available for reallotment.
</text>
</paragraph>
<paragraph id="HBDDD240AF5A24E04A5EF53E0CD2083A0">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text>
The amount available for reallotment for a program year for programs funded under subsection (b)(1)(B) (relating to adult employment and training) or for programs funded under subsection (b)(2)(B) (relating to dislocated worker employment and training) is equal to the amount by which the unobligated balance of the State allotments for adult employment and training activities or dislocated worker employment and training activities, respectively, at the end of the program year prior to the program year for which the determination under this paragraph is made, exceeds 20 percent of such allotments for the prior program year.
</text>
</paragraph>
<paragraph id="HA08D395AAD0D47B6AD7533682FA35133">
<enum>
(3)
</enum>
<header>
Reallotment
</header>
<text>
In making reallotments to eligible States of amounts available pursuant to paragraph (2) for a program year, the Secretary shall allot to each eligible State an amount based on the relative amount of the State allotment under paragraph (1)(B) or (2)(B), respectively, of subsection (b) for the program year for which the determination is made, as compared to the total amount of the State allotments under paragraph (1)(B) or (2)(B), respectively, of subsection (b) for all eligible States for such program year.
</text>
</paragraph>
<paragraph id="H7F49970D26F048988AE329010CCD0BFC">
<enum>
(4)
</enum>
<header>
Eligibility
</header>
<text>
For purposes of this subsection, an eligible State means—
</text>
<subparagraph id="H846510B44EE54E5FA59472F1DEC2F663">
<enum>
(A)
</enum>
<text>
with respect to funds allotted through a State allotment for adult employment and training activities, a State that does not have an amount of such funds available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made; and
</text>
</subparagraph>
<subparagraph id="H036E2345BF004E96A83D2D95C64FBBDB">
<enum>
(B)
</enum>
<text>
with respect to funds allotted through a State allotment for dislocated worker employment and training activities, a State that does not have an amount of such funds available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made.
</text>
</subparagraph>
</paragraph>
<paragraph id="H4E346615EBD74E01A674706784E679EF">
<enum>
(5)
</enum>
<header>
Procedures
</header>
<text>
The Governor shall prescribe uniform procedures for the obligation of funds by local areas within the State in order to avoid the requirement that funds be made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making funds available from the State and local areas in the event that a State is required to make funds available for reallotment under this subsection.
</text>
</paragraph>
</subsection>
</section>
<section id="H02E0715A8DDA441B879BA64AD07E6D7C">
<enum>
133.
</enum>
<header>
Within State allocations
</header>
<subsection id="H229897F7E56E4103BF46A9549CF89819">
<enum>
(a)
</enum>
<header>
Reservations for State activities
</header>
<paragraph id="HEBBE20BA7D834E4DAEF3F1397904DF93">
<enum>
(1)
</enum>
<header>
Statewide workforce investment activities
</header>
<text>
The Governor shall make the reservation required under section 128(a).
</text>
</paragraph>
<paragraph id="HA7E86BBF75ED4F6CA2AE60D272FBB42D">
<enum>
(2)
</enum>
<header>
Statewide rapid response activities
</header>
<text>
The Governor shall reserve not more than 25 percent of the total amount allotted to the State under section 132(b)(2)(B) for a fiscal year for statewide rapid response activities described in section 134(a)(2)(A).
</text>
</paragraph>
</subsection>
<subsection id="H9A7B4F7E882842189DB5E5A52FDE09FD">
<enum>
(b)
</enum>
<header>
Within State allocation
</header>
<paragraph id="H2D6BC0A7432145A6B7F3854126EA12E5">
<enum>
(1)
</enum>
<header>
Methods
</header>
<text>
The Governor, acting in accordance with the State plan, and after consulting with chief elected officials and local boards in the local areas, shall allocate—
</text>
<subparagraph id="H283E38604DE1469FA111E511FCED32FF">
<enum>
(A)
</enum>
<text>
the funds that are allotted to the State for adult employment and training activities and statewide workforce investment activities under section 132(b)(1)(B) and are not reserved under subsection (a)(1), in accordance with paragraph (2) or (3); and
</text>
</subparagraph>
<subparagraph id="H2A7C2E90EC764306B96BC4F59FF400AE">
<enum>
(B)
</enum>
<text>
the funds that are allotted to the State for dislocated worker employment and training activities and statewide workforce investment activities under section 132(b)(2)(B) and are not reserved under paragraph (1) or (2) of subsection (a), in accordance with paragraph (2).
</text>
</subparagraph>
</paragraph>
<paragraph id="H20317A4AF19B478193E8BBEA575846B9">
<enum>
(2)
</enum>
<header>
Formula allocations
</header>
<subparagraph id="H25C08FD394964976A69E56C8B5A9098D">
<enum>
(A)
</enum>
<header>
Adult employment and training activities
</header>
<clause id="HE8153B6E86684320A9AD83F4D8EF79ED">
<enum>
(i)
</enum>
<header>
Allocation
</header>
<text>
In allocating the funds described in paragraph (1)(A) to local areas, a State may allocate—
</text>
<subclause id="HD5471571DC6440FDA3909B7DED8AB338">
<enum>
(I)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent of the funds on the basis described in section 132(b)(1)(B)(ii)(I);
</text>
</subclause>
<subclause id="H3BA7414B2F4346A6985741A8584AEA5B">
<enum>
(II)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent of the funds on the basis described in section 132(b)(1)(B)(ii)(II); and
</text>
</subclause>
<subclause id="H56ACA2733BC248779F79D5DA815209D7">
<enum>
(III)
</enum>
<text>
33
<fraction>
1/3
</fraction>
percent of the funds on the basis described in clauses (ii)(III) and (iii) of section 132(b)(1)(B).
</text>
</subclause>
</clause>
<clause id="H16A26E9A63E94590AA56E345999B9E99">
<enum>
(ii)
</enum>
<header>
Minimum percentage
</header>
<text>
The local area shall not receive an allocation percentage for a fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph.
</text>
</clause>
<clause id="HB9D90F0A4F924F44A955557839F5D227">
<enum>
(iii)
</enum>
<header>
Definition
</header>
<text>
In this subparagraph, the term
<term>
allocation percentage
</term>
, used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph, for the fiscal year. The term, used with respect to fiscal year 2013 or 2014, means a percentage of the amount allocated to local areas under paragraphs (2)(A) and (3) of section 133(b) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), received through an allocation made under paragraph (2)(A) or (3) of that section for fiscal year 2013 or 2014, respectively.
</text>
</clause>
</subparagraph>
<subparagraph id="HE343C868A2174D44BFAD1363D60BC516">
<enum>
(B)
</enum>
<header>
Dislocated worker employment and training activities
</header>
<clause id="H5CE25E45AFCF47C98A33D5334067EACC">
<enum>
(i)
</enum>
<header>
Allocation
</header>
<text>
In allocating the funds described in paragraph (1)(B) to local areas, a State shall allocate the funds based on an allocation formula prescribed by the Governor of the State. Such formula may be amended by the Governor not more than once for each program year. Such formula shall utilize the most appropriate information available to the Governor to distribute amounts to address the State's worker readjustment assistance needs.
</text>
</clause>
<clause id="HEA1A63BA89BC452890264E0C8BD45C8A">
<enum>
(ii)
</enum>
<header>
Information
</header>
<text>
The information described in clause (i) shall include insured unemployment data, unemployment concentrations, plant closing and mass layoff data, declining industries data, farmer-rancher economic hardship data, and long-term unemployment data.
</text>
</clause>
<clause commented="no" id="HB38567ED6A2A43619782524B63987E38">
<enum>
(iii)
</enum>
<header>
Minimum percentage
</header>
<text>
The local area shall not receive an allocation percentage for fiscal year 2016 or a subsequent fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph.
</text>
</clause>
<clause commented="no" id="HF3E8A18020DC40B688B0378947115118">
<enum>
(iv)
</enum>
<header>
Definition
</header>
<text>
In this subparagraph, the term
<term>
allocation percentage
</term>
, used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph for the fiscal year. The term, used with respect to fiscal year 2014, means a percentage of the amount allocated to local areas under section 133(b)(2)(B) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), received through an allocation made under that section for fiscal year 2014.
</text>
</clause>
</subparagraph>
<subparagraph id="HCAD8B245FD8A49998B4578428AA08191">
<enum>
(C)
</enum>
<header>
Application
</header>
<text>
For purposes of carrying out subparagraph (A)—
</text>
<clause id="HA32B69C7B78F4D7B87942CC7482967B3">
<enum>
(i)
</enum>
<text>
references in section 132(b) to a State shall be deemed to be references to a local area;
</text>
</clause>
<clause id="HDC8F912CF06146F48C2AF0E9FE7854FD">
<enum>
(ii)
</enum>
<text>
references in section 132(b) to all States shall be deemed to be references to all local areas in the State involved; and
</text>
</clause>
<clause id="H33474F88D9EA44B5A8C1BE43D4D9867F">
<enum>
(iii)
</enum>
<text>
except as described in clause (i), references in section 132(b)(1) to the term
<term>
excess number
</term>
shall be considered to be references to the term as defined in section 132(b)(1).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HB0DD01F7D27147D6802E3AC502C68213">
<enum>
(3)
</enum>
<header>
Adult employment and training discretionary allocations
</header>
<text>
In lieu of making the allocation described in paragraph (2)(A), in allocating the funds described in paragraph (1)(A) to local areas, a State may distribute—
</text>
<subparagraph id="H275030D2B276438BA650AF885F44A7DC">
<enum>
(A)
</enum>
<text>
a portion equal to not less than 70 percent of the funds in accordance with paragraph (2)(A); and
</text>
</subparagraph>
<subparagraph id="H2DEC9CA5B8B444FFBF4FE1C2446D17F1">
<enum>
(B)
</enum>
<text>
the remaining portion of the funds on the basis of a formula that—
</text>
<clause id="H1F9E0DAACA4B4FBEBAFBA394C35FF3DF">
<enum>
(i)
</enum>
<text>
incorporates additional factors (other than the factors described in paragraph (2)(A)) relating to—
</text>
<subclause id="H4E17B3AFEA0347E199F7477908E2334F">
<enum>
(I)
</enum>
<text>
excess poverty in urban, rural, and suburban local areas; and
</text>
</subclause>
<subclause id="H0ACF4B86FCC247C9ACFECD9ADB42B54A">
<enum>
(II)
</enum>
<text>
excess unemployment above the State average in urban, rural, and suburban local areas; and
</text>
</subclause>
</clause>
<clause id="H8E4BF4BA794F41F98FDCAE6123CD09AF">
<enum>
(ii)
</enum>
<text>
was developed by the State board and approved by the Secretary as part of the State plan.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HE3063DDB17CE4C8CBFED4309806A02FA">
<enum>
(4)
</enum>
<header>
Transfer authority
</header>
<text>
A local board may transfer, if such a transfer is approved by the Governor, up to and including 100 percent of the funds allocated to the local area under paragraph (2)(A) or (3), and up to and including 100 percent of the funds allocated to the local area under paragraph (2)(B), for a fiscal year between—
</text>
<subparagraph id="H905A8A6903514810AD3CA9382D7C499B">
<enum>
(A)
</enum>
<text>
adult employment and training activities; and
</text>
</subparagraph>
<subparagraph id="HE3C9CC296BFF441EACB5561CB554E33E">
<enum>
(B)
</enum>
<text>
dislocated worker employment and training activities.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3A1EED67A878437E8DB542681FA1B124">
<enum>
(5)
</enum>
<header>
Allocation
</header>
<subparagraph id="H8C9D7083D09E4B5A8E0D7186D6B5B3FE">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The Governor shall allocate the funds described in paragraph (1) to local areas under paragraphs (2) and (3) for the purpose of providing a single system of employment and training activities for adults and dislocated workers in accordance with subsections (c) and (d) of section 134.
</text>
</subparagraph>
<subparagraph id="HE127ED95E69844F2AE734D2EE3801F09">
<enum>
(B)
</enum>
<header>
Additional requirements
</header>
<clause id="HF72F6A5799D047DD91696F61EDD1799C">
<enum>
(i)
</enum>
<header>
Adults
</header>
<text>
Funds allocated under paragraph (2)(A) or (3) shall be used by a local area to contribute to the costs of the one-stop delivery system described in section 121(e) as determined under section 121(h) and to pay for employment and training activities provided to adults in the local area, consistent with section 134.
</text>
</clause>
<clause id="HAC3B83B2AC5348F7ABDEF16B6595825D">
<enum>
(ii)
</enum>
<header>
Dislocated workers
</header>
<text>
Funds allocated under paragraph (2)(B) shall be used by a local area to contribute to the costs of the one-stop delivery system described in section 121(e) as determined under section 121(h) and to pay for employment and training activities provided to dislocated workers in the local area, consistent with section 134.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H1FF730C32B0A464282C8B89CD8F8E27E">
<enum>
(c)
</enum>
<header>
Reallocation among local areas
</header>
<paragraph id="H515F66A302924FB7BBBDDD96E0A0B5BD">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Governor may, in accordance with this subsection and after consultation with the State board, reallocate to eligible local areas within the State amounts that are made available to local areas from allocations made under paragraph (2)(A) or (3) of subsection (b) or a corresponding provision of the Workforce Investment Act of 1998 for adult employment and training activities, or under subsection (b)(2)(B) or a corresponding provision of the Workforce Investment Act of 1998 for dislocated worker employment and training activities (referred to individually in this subsection as a
<quote>
local allocation
</quote>
) and that are available for reallocation.
</text>
</paragraph>
<paragraph id="H7B9A79B4A9B5402CA7D2A27C16959D74">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text>
The amount available for reallocation for a program year—
</text>
<subparagraph id="H806E5B4F18CB496B842CD2834963E52A">
<enum>
(A)
</enum>
<text>
for adult employment and training activities is equal to the amount by which the unobligated balance of the local allocation under paragraph (2)(A) or (3) of subsection (b) for such activities, at the end of the program year prior to the program year for which the determination under this subparagraph is made, exceeds 20 percent of such allocation for the prior program year; and
</text>
</subparagraph>
<subparagraph id="H06D11B0C1808427C94C682FD7CC7F168">
<enum>
(B)
</enum>
<text>
for dislocated worker employment and training activities is equal to the amount by which the unobligated balance of the local allocation under subsection (b)(2)(B) for such activities, at the end of the program year prior to the program year for which the determination under this subparagraph is made, exceeds 20 percent of such allocation for the prior program year.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB914367024A94E0284CEB99F99574B97">
<enum>
(3)
</enum>
<header>
Reallocation
</header>
<text>
In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State—
</text>
<subparagraph id="H0148A3B553254F27A75A541AD3D10CAD">
<enum>
(A)
</enum>
<text>
with respect to such available amounts that were allocated under paragraph (2)(A) or (3) of subsection (b), an amount based on the relative amount of the local allocation under paragraph (2)(A) or (3) of subsection (b), as appropriate, for the program year for which the determination is made, as compared to the total amount of the local allocations under paragraph (2)(A) or (3) of subsection (b), as appropriate, for all eligible local areas in the State for such program year; and
</text>
</subparagraph>
<subparagraph id="H431C3FC206CA4973A1C01904D2C6A756">
<enum>
(B)
</enum>
<text>
with respect to such available amounts that were allocated under subsection (b)(2)(B), an amount based on the relative amount of the local allocation under subsection (b)(2)(B) for the program year for which the determination is made, as compared to the total amount of the local allocations under subsection (b)(2)(B) for all eligible local areas in the State for such program year.
</text>
</subparagraph>
</paragraph>
<paragraph id="HC3BB1098F8934C0096EE071D1BBDD024">
<enum>
(4)
</enum>
<header>
Eligibility
</header>
<text>
For purposes of this subsection, an eligible local area means—
</text>
<subparagraph id="HE1A462A606494C0A86576799812C9F37">
<enum>
(A)
</enum>
<text>
with respect to funds allocated through a local allocation for adult employment and training activities, a local area that does not have an amount of such funds available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made; and
</text>
</subparagraph>
<subparagraph id="H5E37D7D2EA7944D6B8693B5DFC338393">
<enum>
(B)
</enum>
<text>
with respect to funds allocated through a local allocation for dislocated worker employment and training activities, a local area that does not have an amount of such funds available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H4D2C2B21B8704320B03C21A958C3722A">
<enum>
134.
</enum>
<header>
Use of funds for employment and training activities
</header>
<subsection id="H0B92D05737B14FFFAAC02C1B1F737E4C">
<enum>
(a)
</enum>
<header>
Statewide employment and training activities
</header>
<paragraph id="H639513814ABE49358649675C272E1617">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Funds reserved by a Governor—
</text>
<subparagraph id="H3095AEC161FD4AE3A3477F6A17A74C2E">
<enum>
(A)
</enum>
<text>
as described in section 133(a)(2) shall be used to carry out the statewide rapid response activities described in paragraph (2)(A); and
</text>
</subparagraph>
<subparagraph id="H215B92B97B5D487186200C5EAC11E02F">
<enum>
(B)
</enum>
<text>
as described in sections 128(a) and 133(a)(1)—
</text>
<clause id="H994F7A1D7FD04ADFA2149FB42FFB56E6">
<enum>
(i)
</enum>
<text>
shall be used to carry out the statewide employment and training activities described in paragraph (2)(B); and
</text>
</clause>
<clause id="H287BE3F7A5B44788B8E7D1D42CAA4DB8">
<enum>
(ii)
</enum>
<text>
may be used to carry out any of the statewide employment and training activities described in paragraph (3),
</text>
</clause>
<continuation-text continuation-text-level="subparagraph">
regardless of whether the funds were allotted to the State under section 127(b)(1) or under paragraph (1) or (2) of section 132(b).
</continuation-text>
</subparagraph>
</paragraph>
<paragraph id="H54E2FCF95CE14934A0E2677BA1067ADB">
<enum>
(2)
</enum>
<header>
Required statewide employment and training activities
</header>
<subparagraph id="H07DE45194270430E80B16D94A453A3E3">
<enum>
(A)
</enum>
<header>
Statewide rapid response activities
</header>
<clause id="H2E1956D463DA40DE83723BC4A5C19FA2">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
A State shall carry out statewide rapid response activities using funds reserved by the Governor for the State under section 133(a)(2), which activities shall include—
</text>
<subclause id="HCF8C1069430E400299147DC755BC5080">
<enum>
(I)
</enum>
<text>
provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials for the local areas; and
</text>
</subclause>
<subclause id="H68C0F6C0860C451F85ADAF73BBBD5249">
<enum>
(II)
</enum>
<text>
provision of additional assistance to local areas that experience disasters, mass layoffs, or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State, working in conjunction with the local boards and the chief elected officials for the local areas.
</text>
</subclause>
</clause>
<clause id="HB23676AF272E4D5F9C608CCF72A580B8">
<enum>
(ii)
</enum>
<header>
Use of unobligated funds
</header>
<text>
Funds reserved by a Governor under section 133(a)(2), and section 133(a)(2) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), to carry out this subparagraph that remain unobligated after the first program year for which such funds were allotted may be used by the Governor to carry out statewide activities authorized under subparagraph (B) or paragraph (3)(A), in addition to activities under this subparagraph.
</text>
</clause>
</subparagraph>
<subparagraph id="HF75420EE7C0346E7AD0EB1B9838B6C61">
<enum>
(B)
</enum>
<header>
Statewide employment and training activities
</header>
<text>
Funds reserved by a Governor under sections 128(a)(1) and 133(a)(1) and not used under paragraph (1)(A) (regardless of whether the funds were allotted to the States under section 127(b)(1)(C) or paragraph (1)(B) or (2)(B) of section 132(b)) shall be used for statewide employment and training activities, including—
</text>
<clause id="HC381FD25E2DD460F9DFDA68EF6EDF298">
<enum>
(i)
</enum>
<text>
providing assistance to—
</text>
<subclause id="HFC78AB18B1054D91BB2BA64AE5F38E56">
<enum>
(I)
</enum>
<text>
State entities and agencies, local areas, and one-stop partners in carrying out the activities described in the State plan, including the coordination and alignment of data systems used to carry out the requirements of this Act;
</text>
</subclause>
<subclause id="H791B881C51D44949A1AEAB31576BF48E">
<enum>
(II)
</enum>
<text>
local areas for carrying out the regional planning and service delivery efforts required under section 106(c);
</text>
</subclause>
<subclause id="H7B0F335E9F364DEFA2F0C262A3E37283">
<enum>
(III)
</enum>
<text>
local areas by providing information on and support for the effective development, convening, and implementation of industry or sector partnerships; and
</text>
</subclause>
<subclause id="H146DB52C0F1F4740B0EE88798DE58E36">
<enum>
(IV)
</enum>
<text>
local areas, one-stop operators, one-stop partners, and eligible providers, including the development and training of staff, which may include the development and training of staff to provide opportunities for individuals with barriers to employment to enter in-demand industry sectors or occupations and nontraditional occupations, the development of exemplary program activities, and the provision of technical assistance to local areas that fail to meet local performance accountability measures described in section 116(c);
</text>
</subclause>
</clause>
<clause commented="no" id="H21104F2B3E544866A9B9D7AB25249F19">
<enum>
(ii)
</enum>
<text>
providing assistance to local areas as described in section 106(b)(6);
</text>
</clause>
<clause id="H27CD08BE4BFB4D33BE3679AC53D64DD2">
<enum>
(iii)
</enum>
<text>
operating a fiscal and management accountability information system in accordance with section 116(i);
</text>
</clause>
<clause id="H962144D183584B6699A6C93243B07361">
<enum>
(iv)
</enum>
<text>
carrying out monitoring and oversight of activities carried out under this chapter and chapter 2;
</text>
</clause>
<clause id="HDD5A61A31713438689134D5451A87E42">
<enum>
(v)
</enum>
<text>
disseminating—
</text>
<subclause id="H9F7EEE5A3D5A4066A3EA4FB95FE9CE1A">
<enum>
(I)
</enum>
<text>
the State list of eligible providers of training services, including eligible providers of nontraditional training services and eligible providers of apprenticeship programs described in section 122(a)(2)(B);
</text>
</subclause>
<subclause id="H9E4BBD70C50A4436B9F8A52034AF9BC4">
<enum>
(II)
</enum>
<text>
information identifying eligible providers of on-the-job training, customized training, incumbent worker training, internships, paid or unpaid work experience opportunities, or transitional jobs;
</text>
</subclause>
<subclause id="H5ABEDF44036C4B0B874CEEF4D15E7223">
<enum>
(III)
</enum>
<text>
information on effective outreach to, partnerships with, and services for, business;
</text>
</subclause>
<subclause id="HED50AF7A6C1145AA89FBE560A217D1DD">
<enum>
(IV)
</enum>
<text>
information on effective service delivery strategies to serve workers and job seekers;
</text>
</subclause>
<subclause id="H81253796CE144896A685798F5739D6F4">
<enum>
(V)
</enum>
<text>
performance information and information on the cost of attendance (including tuition and fees) for participants in applicable programs, as described in subsections (d) and (h) of section 122; and
</text>
</subclause>
<subclause id="H9F317A50BFAB4079A74B244E0349FCCE">
<enum>
(VI)
</enum>
<text>
information on physical and programmatic accessibility, in accordance with section 188, if applicable, and the Americans with Disabilities Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12101">
42 U.S.C. 12101 et seq.
</external-xref>
), for individuals with disabilities; and
</text>
</subclause>
</clause>
<clause id="H78D531B9FB674B00902D1B63313CBD53">
<enum>
(vi)
</enum>
<text>
conducting evaluations under section 116(e) of activities authorized under this chapter and chapter 2 in coordination with evaluations carried out by the Secretary under section 169(a).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HDF5FC87402424785AC1991B44D03CEE3">
<enum>
(3)
</enum>
<header>
Allowable statewide employment and training activities
</header>
<subparagraph id="HFFBBC9F8F63047758368EFD4959D0C7F">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Funds reserved by a Governor under sections 128(a)(1) and 133(a)(1) and not used under paragraph (1)(A) or (2)(B) (regardless of whether the funds were allotted to the State under section 127(b)(1)(C) or paragraph (1)(B) or (2)(B) of section 132(b)) may be used to carry out additional statewide employment and training activities, which may include—
</text>
<clause id="HB6E8644488F84641A27D52C4732B1684">
<enum>
(i)
</enum>
<text>
implementing innovative programs and strategies designed to meet the needs of all employers (including small employers) in the State, which programs and strategies may include incumbent worker training programs, customized training, sectoral and industry cluster strategies and implementation of industry or sector partnerships, career pathway programs, microenterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, layoff aversion strategies, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce development system more relevant to the needs of State and local businesses, consistent with the objectives of this title;
</text>
</clause>
<clause id="H4FB3D87C31694B279C7ACA137B8B8FA4">
<enum>
(ii)
</enum>
<text>
developing strategies for effectively serving individuals with barriers to employment and for coordinating programs and services among one-stop partners;
</text>
</clause>
<clause id="HA237E3E4496943D8B38DAB04AAB6E229">
<enum>
(iii)
</enum>
<text>
the development or identification of education and training programs that respond to real-time labor market analysis, that utilize direct assessment and prior learning assessment to measure and provide credit for prior knowledge, skills, competencies, and experiences, that evaluate such skills and competencies for adaptability, that ensure credits are portable and stackable for more skilled employment, and that accelerate course or credential completion;
</text>
</clause>
<clause id="HEC4AB2721CA146148CBA07930D445712">
<enum>
(iv)
</enum>
<text>
implementing programs to increase the number of individuals training for and placed in nontraditional employment;
</text>
</clause>
<clause id="H98B1ABAA24824A2BAC347AB2725AF3BA">
<enum>
(v)
</enum>
<text>
carrying out activities to facilitate remote access to services, including training services described in subsection (c)(3), provided through a one-stop delivery system, including facilitating access through the use of technology;
</text>
</clause>
<clause id="H51BEAD15E0764423A913E282B48BBB5E">
<enum>
(vi)
</enum>
<text>
supporting the provision of career services described in subsection (c)(2) in the one-stop delivery systems in the State;
</text>
</clause>
<clause id="H6238726BB9BC4AD9A80B79F2F713DC02">
<enum>
(vii)
</enum>
<text>
coordinating activities with the child welfare system to facilitate provision of services for children and youth who are eligible for assistance under section 477 of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/677">
42 U.S.C. 677
</external-xref>
);
</text>
</clause>
<clause id="H17D80C219BE74BDFB9DE51BAF7801C8B">
<enum>
(viii)
</enum>
<text>
activities—
</text>
<subclause id="HA798F332962E480F86653E7F87737AFC">
<enum>
(I)
</enum>
<text>
to improve coordination of workforce investment activities with economic development activities;
</text>
</subclause>
<subclause id="H72185D89063A4975B3B8059812AA8A0F">
<enum>
(II)
</enum>
<text>
to improve coordination of employment and training activities with—
</text>
<item id="H1030F1EC073547FFA8EF13506B02D990">
<enum>
(aa)
</enum>
<text>
child support services, and assistance provided by State and local agencies carrying out part D of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/651">
42 U.S.C. 651 et seq.
</external-xref>
);
</text>
</item>
<item id="HA8CE73882B794E24BA3AEC733B0739D4">
<enum>
(bb)
</enum>
<text>
cooperative extension programs carried out by the Department of Agriculture;
</text>
</item>
<item id="H5D22EFE5DA734A698E685BE7D79AC925">
<enum>
(cc)
</enum>
<text>
programs carried out in local areas for individuals with disabilities, including programs carried out by State agencies relating to intellectual disabilities and developmental disabilities, activities carried out by Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796d">
29 U.S.C. 796d
</external-xref>
), programs funded under part B of chapter 1 of title VII of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e">
29 U.S.C. 796e et seq.
</external-xref>
), and activities carried out by centers for independent living, as defined in section 702 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/796a">
29 U.S.C. 796a
</external-xref>
);
</text>
</item>
<item id="HF72BD763AF114E499CDE3A074C174FA8">
<enum>
(dd)
</enum>
<text>
adult education and literacy activities, including those provided by public libraries;
</text>
</item>
<item id="HC51E1DC2113D497BBD91214ACDC4DF11">
<enum>
(ee)
</enum>
<text>
activities in the corrections system that assist ex-offenders in reentering the workforce; and
</text>
</item>
<item id="HCC52FE2F3D564F258B6C06E02C4B3EB1">
<enum>
(ff)
</enum>
<text>
financial literacy activities including those described in section 129(b)(2)(D); and
</text>
</item>
</subclause>
<subclause id="H72E99EC5162A40C9B4334FEFC3D20A30">
<enum>
(III)
</enum>
<text>
consisting of development and dissemination of workforce and labor market information;
</text>
</subclause>
</clause>
<clause id="H5E32C6AD07DF4498A2E8EE90296171E4">
<enum>
(ix)
</enum>
<text>
conducting research and demonstration projects related to meeting the employment and education needs of adult and dislocated workers;
</text>
</clause>
<clause id="HF19838EB8E874870A299737C78708D3F">
<enum>
(x)
</enum>
<text>
implementing promising services for workers and businesses, which may include providing support for education, training, skill upgrading, and statewide networking for employees to become workplace learning advisors and maintain proficiency in carrying out the activities associated with such advising;
</text>
</clause>
<clause id="H2240DB25DF9247149426B041765E0194">
<enum>
(xi)
</enum>
<text>
providing incentive grants to local areas for performance by the local areas on local performance accountability measures described in section 116(c);
</text>
</clause>
<clause id="H5B1AF74F8C0E41FAB81DF6AA4FEA94D9">
<enum>
(xii)
</enum>
<text>
adopting, calculating, or commissioning for approval an economic self-sufficiency standard for the State that specifies the income needs of families, by family size, the number and ages of children in the family, and substate geographical considerations;
</text>
</clause>
<clause id="HE0597DCF04C24E3B8A825989535E2864">
<enum>
(xiii)
</enum>
<text>
developing and disseminating common intake procedures and related items, including registration processes, materials, or software; and
</text>
</clause>
<clause commented="no" id="HF86A6140FD4E4F839ECA264BCA00DBCD">
<enum>
(xiv)
</enum>
<text>
providing technical assistance to local areas that are implementing pay-for-performance contract strategies, which technical assistance may include providing assistance with data collection, meeting data entry requirements, identifying levels of performance, and conducting evaluations of such strategies.
</text>
</clause>
</subparagraph>
<subparagraph id="H6BAA13338CC54165B28B8C153ABE5EA2">
<enum>
(B)
</enum>
<header>
Limitation
</header>
<clause id="HCFAB2132C6A84FA8BB0FB17D6EA85365">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
Of the funds allotted to a State under sections 127(b) and 132(b) and reserved as described in sections 128(a) and 133(a)(1) for a fiscal year—
</text>
<subclause id="H270F8555C3554D6BA3B7D6EA4C78FCCA">
<enum>
(I)
</enum>
<text>
not more than 5 percent of the amount allotted under section 127(b)(1);
</text>
</subclause>
<subclause id="H1AD05EA21F6C4C4F92AB9A78D14C36C4">
<enum>
(II)
</enum>
<text>
not more than 5 percent of the amount allotted under section 132(b)(1); and
</text>
</subclause>
<subclause id="H1BA36C3157144E1EA55C92A9F866A9A6">
<enum>
(III)
</enum>
<text>
not more than 5 percent of the amount allotted under section 132(b)(2),
</text>
</subclause>
<continuation-text continuation-text-level="clause">
may be used by the State for the administration of statewide youth workforce investment activities carried out under section 129 and statewide employment and training activities carried out under this section.
</continuation-text>
</clause>
<clause id="H19906EF381FF49B5B92F41F783A02AFE">
<enum>
(ii)
</enum>
<header>
Use of funds
</header>
<text>
Funds made available for administrative costs under clause (i) may be used for the administrative cost of any of the statewide youth workforce investment activities or statewide employment and training activities, regardless of whether the funds were allotted to the State under section 127(b)(1) or paragraph (1) or (2) of section 132(b).
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HA498C7E91ECA435DB83F5AACB927BAD3">
<enum>
(b)
</enum>
<header>
Local employment and training activities
</header>
<text>
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to a local area for dislocated workers under section 133(b)(2)(B)—
</text>
<paragraph id="HE9528EBB688F41469F509FAA482BF10F">
<enum>
(1)
</enum>
<text>
shall be used to carry out employment and training activities described in subsection (c) for adults or dislocated workers, respectively; and
</text>
</paragraph>
<paragraph id="HBE975FC793554B96A5E65515C2662C0A">
<enum>
(2)
</enum>
<text>
may be used to carry out employment and training activities described in subsection (d) for adults or dislocated workers, respectively.
</text>
</paragraph>
</subsection>
<subsection id="H94F9E6836860471E8B5CCD61ACBBF826">
<enum>
(c)
</enum>
<header>
Required local employment and training activities
</header>
<paragraph id="HFC80F3F86FA149039CF75D0715206890">
<enum>
(1)
</enum>
<header>
In general
</header>
<subparagraph id="H940D1FCF0856452F8F832DDAA454FECA">
<enum>
(A)
</enum>
<header>
Allocated funds
</header>
<text>
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), shall be used—
</text>
<clause id="H5A349B3CBBB34334BBCAC09930D60140">
<enum>
(i)
</enum>
<text>
to establish a one-stop delivery system described in section 121(e);
</text>
</clause>
<clause id="HC9295C12B44345A0976116E387EB5E76">
<enum>
(ii)
</enum>
<text>
to provide the career services described in paragraph (2) to adults and dislocated workers, respectively, through the one-stop delivery system in accordance with such paragraph;
</text>
</clause>
<clause id="HB391067D1EA344C8994DC4EA78CC6A12">
<enum>
(iii)
</enum>
<text>
to provide training services described in paragraph (3) to adults and dislocated workers, respectively, described in such paragraph;
</text>
</clause>
<clause id="H507C298A09E84AAD8E3AEE90026EEAE1">
<enum>
(iv)
</enum>
<text>
to establish and develop relationships and networks with large and small employers and their intermediaries; and
</text>
</clause>
<clause id="HD849CF4D428F4AFC82BA377084A1F20A">
<enum>
(v)
</enum>
<text>
to develop, convene, or implement industry or sector partnerships.
</text>
</clause>
</subparagraph>
<subparagraph id="H05946DF5B08C4A00842A1B21F0AA851D">
<enum>
(B)
</enum>
<header>
Other funds
</header>
<text>
Consistent with subsections (h) and (i) of section 121, a portion of the funds made available under Federal law authorizing the programs and activities described in section 121(b)(1)(B), including the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
), shall be used as described in clauses (i) and (ii) of subparagraph (A), to the extent not inconsistent with the Federal law involved.
</text>
</subparagraph>
</paragraph>
<paragraph id="H000F7F1E12B742E1BB754B5DF03F600A">
<enum>
(2)
</enum>
<header>
Career services
</header>
<subparagraph id="HC41921F374234BF69149665C0C0A470C">
<enum>
(A)
</enum>
<header>
Services provided
</header>
<text>
Funds described in paragraph (1) shall be used to provide career services, which shall be available to individuals who are adults or dislocated workers through the one-stop delivery system and shall, at a minimum, include—
</text>
<clause id="H8F087C34F7DC4D878489945D5AEAD4FB">
<enum>
(i)
</enum>
<text>
determinations of whether the individuals are eligible to receive assistance under this subtitle;
</text>
</clause>
<clause id="HE20952069BF746FEB4B54143D4A5A63E">
<enum>
(ii)
</enum>
<text>
outreach, intake (which may include worker profiling), and orientation to the information and other services available through the one-stop delivery system;
</text>
</clause>
<clause id="H37A028FE54014E94B51DC5EA65B51F46">
<enum>
(iii)
</enum>
<text>
initial assessment of skill levels (including literacy, numeracy, and English language proficiency), aptitudes, abilities (including skills gaps), and supportive service needs;
</text>
</clause>
<clause id="H5EB9318D34BE4CA0A37A1B21AFC84A03">
<enum>
(iv)
</enum>
<text>
labor exchange services, including—
</text>
<subclause id="H31C63D0BD953452BA32A830B99A08EC5">
<enum>
(I)
</enum>
<text>
job search and placement assistance and, in appropriate cases, career counseling, including—
</text>
<item id="H13CF62B290764868AB584C5A4FE0E5FD">
<enum>
(aa)
</enum>
<text>
provision of information on in-demand industry sectors and occupations; and
</text>
</item>
<item id="HE7A2119C375743D185824DDE39205FDC">
<enum>
(bb)
</enum>
<text>
provision of information on nontraditional employment; and
</text>
</item>
</subclause>
<subclause id="H77293DF84B9B40B69561F3D2973BC0E2">
<enum>
(II)
</enum>
<text>
appropriate recruitment and other business services on behalf of employers, including small employers, in the local area, which services may include services described in this subsection, such as providing information and referral to specialized business services not traditionally offered through the one-stop delivery system;
</text>
</subclause>
</clause>
<clause id="H766EE3680E5A41F98FBE40C0D9A1E689">
<enum>
(v)
</enum>
<text>
provision of referrals to and coordination of activities with other programs and services, including programs and services within the one-stop delivery system and, in appropriate cases, other workforce development programs;
</text>
</clause>
<clause id="HFFEF515219E5433E95622566183C5BC7">
<enum>
(vi)
</enum>
<text>
provision of workforce and labor market employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including—
</text>
<subclause id="H79F4D0BA3FAE4DE98459494A5A58872B">
<enum>
(I)
</enum>
<text>
job vacancy listings in such labor market areas;
</text>
</subclause>
<subclause id="H1C2E55353BE44919AC442418B1CF1D8D">
<enum>
(II)
</enum>
<text>
information on job skills necessary to obtain the jobs described in subclause (I); and
</text>
</subclause>
<subclause id="HD2DB8E818E974BDEA47A35291618B411">
<enum>
(III)
</enum>
<text>
information relating to local occupations in demand and the earnings, skill requirements, and opportunities for advancement for such occupations; and
</text>
</subclause>
</clause>
<clause id="H094AF977E8FB4815917EB879113023BA">
<enum>
(vii)
</enum>
<text>
provision of performance information and program cost information on eligible providers of training services as described in section 122, provided by program, and eligible providers of youth workforce investment activities described in section 123, providers of adult education described in title II, providers of career and technical education activities at the postsecondary level, and career and technical education activities available to school dropouts, under the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2301">
20 U.S.C. 2301 et seq.
</external-xref>
), and providers of vocational rehabilitation services described in title I of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
);
</text>
</clause>
<clause id="H60190E17532F43C1904614AF50BC0E47">
<enum>
(viii)
</enum>
<text>
provision of information, in formats that are usable by and understandable to one-stop center customers, regarding how the local area is performing on the local performance accountability measures described in section 116(c) and any additional performance information with respect to the one-stop delivery system in the local area;
</text>
</clause>
<clause id="HF6F1740E108C4E48BF5923E754F35294">
<enum>
(ix)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H1331670E32C64617A9EC56CFC7938BEF">
<enum>
(I)
</enum>
<text>
provision of information, in formats that are usable by and understandable to one-stop center customers, relating to the availability of supportive services or assistance, including child care, child support, medical or child health assistance under title XIX or XXI of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1396">
42 U.S.C. 1396 et seq.
</external-xref>
and 1397aa et seq.), benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2011">
7 U.S.C. 2011 et seq.
</external-xref>
), assistance through the earned income tax credit under
<external-xref legal-doc="usc" parsable-cite="usc/26/32">
section 32
</external-xref>
of the Internal Revenue Code of 1986, and assistance under a State program for temporary assistance for needy families funded under part A of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/601">
42 U.S.C. 601 et seq.
</external-xref>
) and other supportive services and transportation provided through funds made available under such part, available in the local area; and
</text>
</subclause>
<subclause id="H0D918458519347D089643F86C8070DE4" indent="up1">
<enum>
(II)
</enum>
<text>
referral to the services or assistance described in subclause (I), as appropriate;
</text>
</subclause>
</clause>
<clause id="HE19C887D73214BBDBE690BA3F619A606">
<enum>
(x)
</enum>
<text>
provision of information and assistance regarding filing claims for unemployment compensation;
</text>
</clause>
<clause id="H4ABAA6BDABEB4D5B99F53FD27114ED5E">
<enum>
(xi)
</enum>
<text>
assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act;
</text>
</clause>
<clause id="H08AA7F7C82324CECB59DCE29153C2A7D">
<enum>
(xii)
</enum>
<text>
services, if determined to be appropriate in order for an individual to obtain or retain employment, that consist of—
</text>
<subclause id="H22EDE63F3C09498EA282B4E4F4B401F7">
<enum>
(I)
</enum>
<text>
comprehensive and specialized assessments of the skill levels and service needs of adults and dislocated workers, which may include—
</text>
<item id="H29E930F1C24542DFA27230C1A8F9FD1D">
<enum>
(aa)
</enum>
<text>
diagnostic testing and use of other assessment tools; and
</text>
</item>
<item id="H40D436E3BC0A478C94E11A39DB15AE51">
<enum>
(bb)
</enum>
<text>
in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals;
</text>
</item>
</subclause>
<subclause id="H1ED3DC94B0EF4971B147D1EC3845675E">
<enum>
(II)
</enum>
<text>
development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant to achieve the employment goals, including providing information on eligible providers of training services pursuant to paragraph (3)(F)(ii), and career pathways to attain career objectives;
</text>
</subclause>
<subclause id="HA106D661B4E640E8A6E583736C877BC1">
<enum>
(III)
</enum>
<text>
group counseling;
</text>
</subclause>
<subclause id="H5563B4B1190C41418BC996F2CF07C402">
<enum>
(IV)
</enum>
<text>
individual counseling;
</text>
</subclause>
<subclause id="H7873D8F4685E4CE88F301AF07D0A82E8">
<enum>
(V)
</enum>
<text>
career planning;
</text>
</subclause>
<subclause id="H4A3DAC96FCA04F1FB7A60EDE02DA6679">
<enum>
(VI)
</enum>
<text>
short-term prevocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training;
</text>
</subclause>
<subclause id="HA9B99D6F187A4C0EAEFF17B7915C84E5">
<enum>
(VII)
</enum>
<text>
internships and work experiences that are linked to careers;
</text>
</subclause>
<subclause id="H2954850054434BAAB8DA4FAF59C9C020">
<enum>
(VIII)
</enum>
<text>
workforce preparation activities;
</text>
</subclause>
<subclause id="HF30CC4C8F1064D6283D029EFA7C00295">
<enum>
(IX)
</enum>
<text>
financial literacy services, such as the activities described in section 129(b)(2)(D);
</text>
</subclause>
<subclause id="H4253923CD4E14760B1092CC6D2153D0F">
<enum>
(X)
</enum>
<text>
out-of-area job search assistance and relocation assistance; or
</text>
</subclause>
<subclause id="HD1DB41F183E24BA888861B4587FC3739">
<enum>
(XI)
</enum>
<text>
English language acquisition and integrated education and training programs; and
</text>
</subclause>
</clause>
<clause id="H17024A9DAF984C8EA5CDA93D5C304B66">
<enum>
(xiii)
</enum>
<text>
followup services, including counseling regarding the workplace, for participants in workforce investment activities authorized under this subtitle who are placed in unsubsidized employment, for not less than 12 months after the first day of the employment, as appropriate.
</text>
</clause>
</subparagraph>
<subparagraph id="HD04865E1A77F409ABF9CF7F0ECE27012">
<enum>
(B)
</enum>
<header>
Use of previous assessments
</header>
<text>
A one-stop operator or one-stop partner shall not be required to conduct a new interview, evaluation, or assessment of a participant under subparagraph (A)(xii) if the one-stop operator or one-stop partner determines that it is appropriate to use a recent interview, evaluation, or assessment of the participant conducted pursuant to another education or training program.
</text>
</subparagraph>
<subparagraph id="H89DEC2800AE5403E87006B8C09FBE84A">
<enum>
(C)
</enum>
<header>
Delivery of services
</header>
<text>
The career services described in subparagraph (A) shall be provided through the one-stop delivery system—
</text>
<clause id="H6677EF716460409DBC28E0389E3B7230">
<enum>
(i)
</enum>
<text>
directly through one-stop operators identified pursuant to section 121(d); or
</text>
</clause>
<clause id="H48C8A968974A42B9865E04F1707C25AE">
<enum>
(ii)
</enum>
<text>
through contracts with service providers, which may include contracts with public, private for-profit, and private nonprofit service providers, approved by the local board.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H8E9131ED19024A47BD5FE8FEA27697B5">
<enum>
(3)
</enum>
<header>
Training services
</header>
<subparagraph id="HB26B9F5E11A846EEA1115ACB89BC235F">
<enum>
(A)
</enum>
<header>
In general
</header>
<clause id="HF03C28C12D51495688AE06757E821776">
<enum>
(i)
</enum>
<header>
Eligibility
</header>
<text>
Except as provided in clause (ii), funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), shall be used to provide training services to adults and dislocated workers, respectively—
</text>
<subclause id="HC2B7E09CB22940079BC739DA0D50B519">
<enum>
(I)
</enum>
<text>
who, after an interview, evaluation, or assessment, and career planning, have been determined by a one-stop operator or one-stop partner, as appropriate, to—
</text>
<item id="HD0F21D10DDCA450B88114127AB987728">
<enum>
(aa)
</enum>
<text>
be unlikely or unable to obtain or retain employment, that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment, through the career services described in paragraph (2)(A)(xii);
</text>
</item>
<item id="HCD0425B910CE4AE6914AB34F422406FC">
<enum>
(bb)
</enum>
<text>
be in need of training services to obtain or retain employment that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment; and
</text>
</item>
<item id="H46D6CE864454459A8B6DCF523A0A65FC">
<enum>
(cc)
</enum>
<text>
have the skills and qualifications to successfully participate in the selected program of training services;
</text>
</item>
</subclause>
<subclause id="HDD64859474DD45F0ABC02C96FD3E56E8">
<enum>
(II)
</enum>
<text>
who select programs of training services that are directly linked to the employment opportunities in the local area or the planning region, or in another area to which the adults or dislocated workers are willing to commute or relocate;
</text>
</subclause>
<subclause id="H28E15B7E662D41EA92B18B962C6F819E">
<enum>
(III)
</enum>
<text>
who meet the requirements of subparagraph (B); and
</text>
</subclause>
<subclause id="H4A877F5B7AD54ECEB461FC8739A0D5E3">
<enum>
(IV)
</enum>
<text>
who are determined to be eligible in accordance with the priority system in effect under subparagraph (E).
</text>
</subclause>
</clause>
<clause id="H85CE453CA02E4437ACCD3B880EE598D7">
<enum>
(ii)
</enum>
<header>
Use of previous assessments
</header>
<text>
A one-stop operator or one-stop partner shall not be required to conduct a new interview, evaluation, or assessment of a participant under clause (i) if the one-stop operator or one-stop partner determines that it is appropriate to use a recent interview, evaluation, or assessment of the participant conducted pursuant to another education or training program.
</text>
</clause>
<clause id="HCAFCB16C559C46DDABF0C4D39B33DA6A">
<enum>
(iii)
</enum>
<header>
Rule of construction
</header>
<text>
Nothing in this subparagraph shall be construed to mean an individual is required to receive career services prior to receiving training services.
</text>
</clause>
</subparagraph>
<subparagraph id="HBE809999ACD340B88BE10DDFB072D37B">
<enum>
(B)
</enum>
<header>
Qualification
</header>
<clause id="HB2EBA75E135D4DCE8A988201D5CE4D3A">
<enum>
(i)
</enum>
<header>
Requirement
</header>
<text>
Notwithstanding section 479B of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1087uu">
20 U.S.C. 1087uu
</external-xref>
) and except as provided in clause (ii), provision of such training services shall be limited to individuals who—
</text>
<subclause id="H4885A6473AE9412AB9EF39CAE0B46C26">
<enum>
(I)
</enum>
<text>
are unable to obtain other grant assistance for such services, including Federal Pell Grants established under subpart 1 of part A of title IV of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1070a">
20 U.S.C. 1070a et seq.
</external-xref>
); or
</text>
</subclause>
<subclause id="H22E427C718EC4B759AF09D6D95B39971">
<enum>
(II)
</enum>
<text>
require assistance beyond the assistance made available under other grant assistance programs, including Federal Pell Grants.
</text>
</subclause>
</clause>
<clause id="H840E8B3B5B0E4E64B0D47161331A53AC">
<enum>
(ii)
</enum>
<header>
Reimbursements
</header>
<text>
Training services may be provided under this paragraph to an individual who otherwise meets the requirements of this paragraph while an application for a Federal Pell Grant is pending, except that if such individual is subsequently awarded a Federal Pell Grant, appropriate reimbursement shall be made to the local area from such Federal Pell Grant.
</text>
</clause>
<clause id="HC466A95F2BF8436CBCF598BEA88BEABC">
<enum>
(iii)
</enum>
<header>
Consideration
</header>
<text>
In determining whether an individual requires assistance under clause (i)(II), a one-stop operator (or one-stop partner, where appropriate) may take into consideration the full cost of participating in training services, including the costs of dependent care and transportation, and other appropriate costs.
</text>
</clause>
</subparagraph>
<subparagraph id="H05DBDD19BE934032B6731EE05D0D9FF0">
<enum>
(C)
</enum>
<header>
Provider qualification
</header>
<text>
Training services shall be provided through providers identified in accordance with section 122.
</text>
</subparagraph>
<subparagraph id="H2EDF93B942E643679D2C93CD09277B05">
<enum>
(D)
</enum>
<header>
Training services
</header>
<text>
Training services may include—
</text>
<clause id="H74DDB836BF9B4A72A3A9BF56967529EB">
<enum>
(i)
</enum>
<text>
occupational skills training, including training for nontraditional employment;
</text>
</clause>
<clause id="H0A7091A6B86A4027B95DC23DAD693DC6">
<enum>
(ii)
</enum>
<text>
on-the-job training;
</text>
</clause>
<clause id="H594E3258201C488AAE8A2BB76D43B512">
<enum>
(iii)
</enum>
<text>
incumbent worker training in accordance with subsection (d)(4);
</text>
</clause>
<clause id="H009A14FDC52C47F8AEAC4BEB1CD6D100">
<enum>
(iv)
</enum>
<text>
programs that combine workplace training with related instruction, which may include cooperative education programs;
</text>
</clause>
<clause id="HF9B5DBA364264B48A92747F3A98A3B39">
<enum>
(v)
</enum>
<text>
training programs operated by the private sector;
</text>
</clause>
<clause id="H71C6A304F4F14FA0ADD511C061A7294C">
<enum>
(vi)
</enum>
<text>
skill upgrading and retraining;
</text>
</clause>
<clause id="H6451AE1171414A4DBC32FC3D271D9BA5">
<enum>
(vii)
</enum>
<text>
entrepreneurial training;
</text>
</clause>
<clause id="HE96CCECCB1EF4E5F818F53AD8DF2D7ED">
<enum>
(viii)
</enum>
<text>
transitional jobs in accordance with subsection (d)(5);
</text>
</clause>
<clause id="H29798B9878F44D399C31E4FB1ECD1825">
<enum>
(ix)
</enum>
<text>
job readiness training provided in combination with services described in any of clauses (i) through (viii);
</text>
</clause>
<clause id="H23180A02B9594668AB90A0757686337A">
<enum>
(x)
</enum>
<text>
adult education and literacy activities, including activities of English language acquisition and integrated education and training programs, provided concurrently or in combination with services described in any of clauses (i) through (vii); and
</text>
</clause>
<clause id="HD4EADC2282234E809060B6AB18A0FF4F">
<enum>
(xi)
</enum>
<text>
customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training.
</text>
</clause>
</subparagraph>
<subparagraph id="H8C002CA855BA4C2CB20B598661B67119">
<enum>
(E)
</enum>
<header>
Priority
</header>
<text>
With respect to funds allocated to a local area for adult employment and training activities under paragraph (2)(A) or (3) of section 133(b), priority shall be given to recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient for receipt of career services described in paragraph (2)(A)(xii) and training services. The appropriate local board and the Governor shall direct the one-stop operators in the local area with regard to making determinations related to such priority.
</text>
</subparagraph>
<subparagraph id="HBBAB6FA01DCB4BC6B56B7C279FD6062C">
<enum>
(F)
</enum>
<header>
Consumer choice requirements
</header>
<clause id="H391143982F9B4C75934AF666E6ACAD2A">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
Training services provided under this paragraph shall be provided in a manner that maximizes consumer choice in the selection of an eligible provider of such services.
</text>
</clause>
<clause id="HD7679D7CA37147E6BCCC90FCB6B3608A">
<enum>
(ii)
</enum>
<header>
Eligible providers
</header>
<text>
Each local board, through one-stop centers, shall make available the list of eligible providers of training services described in section 122(d), and accompanying information, in accordance with section 122(d).
</text>
</clause>
<clause id="H463454892A50415598830DCE3025403B">
<enum>
(iii)
</enum>
<header>
Individual training accounts
</header>
<text>
An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a career planner, select an eligible provider of training services from the list of providers described in clause (ii). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through an individual training account.
</text>
</clause>
<clause id="HC827AE3E0559491DABC796FC0511076A">
<enum>
(iv)
</enum>
<header>
Coordination
</header>
<text>
Each local board may, through one-stop centers, coordinate funding for individual training accounts with funding from other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services.
</text>
</clause>
<clause commented="no" id="H7A63BDA5C6304B1F99C81EF1E4B42722">
<enum>
(v)
</enum>
<header>
Additional information
</header>
<text>
Priority consideration shall, consistent with clause (i), be given to programs that lead to recognized postsecondary credentials that are aligned with in-demand industry sectors or occupations in the local area involved.
</text>
</clause>
</subparagraph>
<subparagraph id="HF1858445C0FF4E95A7E3085EC2FAA349">
<enum>
(G)
</enum>
<header>
Use of individual training accounts
</header>
<clause id="HAD3CF7D1DFAE49B59AC79CEB0E9FCB6C">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
Except as provided in clause (ii), training services provided under this paragraph shall be provided through the use of individual training accounts in accordance with this paragraph, and shall be provided to eligible individuals through the one-stop delivery system.
</text>
</clause>
<clause id="HD279ADD56FE04843AAA5CEA4F73453BA">
<enum>
(ii)
</enum>
<header>
Training contracts
</header>
<text>
Training services authorized under this paragraph may be provided pursuant to a contract for services in lieu of an individual training account if—
</text>
<subclause id="H877550A2577241F8AEE3124705EC4C22">
<enum>
(I)
</enum>
<text>
the requirements of subparagraph (F) are met;
</text>
</subclause>
<subclause id="H77EA4B742A594169883CD3C5847345E5">
<enum>
(II)
</enum>
<text>
such services are on-the-job training, customized training, incumbent worker training, or transitional employment;
</text>
</subclause>
<subclause id="H6D2DEA687BE54483A1F078AD95E6EA73">
<enum>
(III)
</enum>
<text>
the local board determines there are an insufficient number of eligible providers of training services in the local area involved (such as in a rural area) to accomplish the purposes of a system of individual training accounts;
</text>
</subclause>
<subclause id="H0D051F752EA54E7ABF9DBDABB7F37C79">
<enum>
(IV)
</enum>
<text>
the local board determines that there is a training services program of demonstrated effectiveness offered in the local area by a community-based organization or another private organization to serve individuals with barriers to employment;
</text>
</subclause>
<subclause id="HDAB5236306714F439FDB346D148D5621">
<enum>
(V)
</enum>
<text>
the local board determines that—
</text>
<item id="H2733FDAB10F742AC826A236B752E8811">
<enum>
(aa)
</enum>
<text>
it would be most appropriate to award a contract to an institution of higher education or other eligible provider of training services in order to facilitate the training of multiple individuals in in-demand industry sectors or occupations; and
</text>
</item>
<item id="H2867595C3DBE477DBD6FE41BE2788DD5">
<enum>
(bb)
</enum>
<text>
such contract does not limit customer choice; or
</text>
</item>
</subclause>
<subclause id="HD8CEFE1538EF4038A0AC2C126C73E2BB">
<enum>
(VI)
</enum>
<text>
the contract is a pay-for-performance contract.
</text>
</subclause>
</clause>
<clause id="H0635A91D6E0948158D4662DE793E8D2B">
<enum>
(iii)
</enum>
<header>
Linkage to occupations in demand
</header>
<text>
Training services provided under this paragraph shall be directly linked to an in-demand industry sector or occupation in the local area or the planning region, or in another area to which an adult or dislocated worker receiving such services is willing to relocate, except that a local board may approve training services for occupations determined by the local board to be in sectors of the economy that have a high potential for sustained demand or growth in the local area.
</text>
</clause>
<clause id="H6938055E80A844CAB976F064331CA30B">
<enum>
(iv)
</enum>
<header>
Rule of construction
</header>
<text>
Nothing in this paragraph shall be construed to preclude the combined use of individual training accounts and contracts in the provision of training services, including arrangements that allow individuals receiving individual training accounts to obtain training services that are contracted for under clause (ii).
</text>
</clause>
</subparagraph>
<subparagraph id="H62B93656553B4044B68D2EC7A9540DA8">
<enum>
(H)
</enum>
<header>
Reimbursement for on-the-job training
</header>
<clause id="HFC8741FB047740EBAC9FFE9D12D6BDE9">
<enum>
(i)
</enum>
<header>
Reimbursement level
</header>
<text>
For purposes of the provision of on-the-job training under this paragraph, the Governor or local board involved may increase the amount of the reimbursement described in section 3(44) to an amount of up to 75 percent of the wage rate of a participant for a program carried out under chapter 2 or this chapter, if, respectively—
</text>
<subclause id="H98B1D9DD7ABE4706B3F4B4B42F0EBC06">
<enum>
(I)
</enum>
<text>
the Governor approves the increase with respect to a program carried out with funds reserved by the State under that chapter, taking into account the factors described in clause (ii); or
</text>
</subclause>
<subclause id="H85611228501446BCABAE6AA154DF150D">
<enum>
(II)
</enum>
<text>
the local board approves the increase with respect to a program carried out with funds allocated to a local area under such chapter, taking into account those factors.
</text>
</subclause>
</clause>
<clause id="H30AFE85137264051AD862AD626451C7F">
<enum>
(ii)
</enum>
<header>
Factors
</header>
<text>
For purposes of clause (i), the Governor or local board, respectively, shall take into account factors consisting of—
</text>
<subclause id="H9CD850D322074C089A26862A5EC73995">
<enum>
(I)
</enum>
<text>
the characteristics of the participants;
</text>
</subclause>
<subclause id="HB6092BD32F384F34A58D2FAE18A2C1A1">
<enum>
(II)
</enum>
<text>
the size of the employer;
</text>
</subclause>
<subclause id="HDD0000E6086C4F10BEA1494382FA5300">
<enum>
(III)
</enum>
<text>
the quality of employer-provided training and advancement opportunities; and
</text>
</subclause>
<subclause commented="no" display-inline="no-display-inline" id="H4529C79E8F9D4F7F968F100EA90C18E7">
<enum>
(IV)
</enum>
<text>
such other factors as the Governor or local board, respectively, may determine to be appropriate, which may include the number of employees participating in the training, wage and benefit levels of those employees (at present and anticipated upon completion of the training), and relation of the training to the competitiveness of a participant.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H4DDD5F0EA6C545D78021B5F753D07069">
<enum>
(d)
</enum>
<header>
Permissible local employment and training activities
</header>
<paragraph id="H9659E9B3969C47AEA447AE456BE84CEA">
<enum>
(1)
</enum>
<header>
In general
</header>
<subparagraph id="H4A944B8AB4AF414C903C71DA87451C79">
<enum>
(A)
</enum>
<header>
Activities
</header>
<text>
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), may be used to provide, through the one-stop delivery system involved (and through collaboration with the local board, for the purpose of the activities described in clauses (vii) and (ix))—
</text>
<clause id="H64CF7A3FF03647F18750E6E339FE7DF2">
<enum>
(i)
</enum>
<text>
customized screening and referral of qualified participants in training services described in subsection (c)(3) to employers;
</text>
</clause>
<clause id="H05E474BAA1CC4AC59A47DC80915BDCCF">
<enum>
(ii)
</enum>
<text>
customized employment-related services to employers, employer associations, or other such organizations on a fee-for-service basis;
</text>
</clause>
<clause commented="no" id="HDF2DB29557D44D018B879AB5B36F2574">
<enum>
(iii)
</enum>
<text>
implementation of a pay-for-performance contract strategy for training services, for which the local board may reserve and use not more than 10 percent of the total funds allocated to the local area under paragraph (2) or (3) of section 133(b);
</text>
</clause>
<clause id="H33FC4E236A8F4DA7BD930ECACB96C4AC">
<enum>
(iv)
</enum>
<text>
customer support to enable individuals with barriers to employment (including individuals with disabilities) and veterans, to navigate among multiple services and activities for such populations;
</text>
</clause>
<clause id="H61AC0E1DB8784D5ABC9218C38431D0FE">
<enum>
(v)
</enum>
<text>
technical assistance for one-stop operators, one-stop partners, and eligible providers of training services, regarding the provision of services to individuals with disabilities in local areas, including the development and training of staff, the provision of outreach, intake, assessments, and service delivery, the coordination of services across providers and programs, and the development of performance accountability measures;
</text>
</clause>
<clause id="H6D6012B9F5A64515813E7ECBC7D5B593">
<enum>
(vi)
</enum>
<text>
employment and training activities provided in coordination with—
</text>
<subclause id="H29493A05D0F140F9B0041CCFFA8CC146">
<enum>
(I)
</enum>
<text>
child support enforcement activities of the State and local agencies carrying out part D of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/651">
42 U.S.C. 651 et seq.
</external-xref>
);
</text>
</subclause>
<subclause id="H8A8775C63FC04262AECBE024D601867F">
<enum>
(II)
</enum>
<text>
child support services, and assistance, provided by State and local agencies carrying out part D of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/651">
42 U.S.C. 651 et seq.
</external-xref>
);
</text>
</subclause>
<subclause id="HA0F79DDFD6DA40E19F717EF73FEC0D17">
<enum>
(III)
</enum>
<text>
cooperative extension programs carried out by the Department of Agriculture; and
</text>
</subclause>
<subclause id="HE6CDF837F4974BA8A5FE9A3685DBFA7A">
<enum>
(IV)
</enum>
<text>
activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology;
</text>
</subclause>
</clause>
<clause id="H8D8E9B575C9F43FA993D4A0691FA6F22">
<enum>
(vii)
</enum>
<text>
activities—
</text>
<subclause id="H223EBA8E379E4C7A9CDF9E1C1E4CAF24">
<enum>
(I)
</enum>
<text>
to improve coordination between workforce investment activities and economic development activities carried out within the local area involved, and to promote entrepreneurial skills training and microenterprise services;
</text>
</subclause>
<subclause id="HA63F9968A5954244950921947AB1850E">
<enum>
(II)
</enum>
<text>
to improve services and linkages between the local workforce investment system (including the local one-stop delivery system) and employers, including small employers, in the local area, through services described in this section; and
</text>
</subclause>
<subclause id="H34C89F9B3FFD4776BFF6E140BB12425B">
<enum>
(III)
</enum>
<text>
to strengthen linkages between the one-stop delivery system and unemployment insurance programs;
</text>
</subclause>
</clause>
<clause id="H86F8279C7AC7403B8A1A6C136F87E521">
<enum>
(viii)
</enum>
<text>
training programs for displaced homemakers and for individuals training for nontraditional occupations, in conjunction with programs operated in the local area;
</text>
</clause>
<clause id="HA0C6636716C84E14A0C9FF5D61EB0044">
<enum>
(ix)
</enum>
<text>
activities to provide business services and strategies that meet the workforce investment needs of area employers, as determined by the local board, consistent with the local plan under section 108, which services—
</text>
<subclause id="H00782DD84E5248A793300CE1A4FB7318">
<enum>
(I)
</enum>
<text>
may be provided through effective business intermediaries working in conjunction with the local board, and may also be provided on a fee-for-service basis or through the leveraging of economic development, philanthropic, and other public and private resources in a manner determined appropriate by the local board; and
</text>
</subclause>
<subclause id="H4CB022376F93477483AA54FFE91F588F">
<enum>
(II)
</enum>
<text>
may include—
</text>
<item id="HFA2C2BDA8B2B4899BA95CBFEF301B21B">
<enum>
(aa)
</enum>
<text>
developing and implementing industry sector strategies (including strategies involving industry partnerships, regional skills alliances, industry skill panels, and sectoral skills partnerships);
</text>
</item>
<item id="HE3E186A3550245E785F7053231A486F2">
<enum>
(bb)
</enum>
<text>
developing and delivering innovative workforce investment services and strategies for area employers, which may include career pathways, skills upgrading, skill standard development and certification for recognized postsecondary credential or other employer use, apprenticeship, and other effective initiatives for meeting the workforce investment needs of area employers and workers;
</text>
</item>
<item id="H33A402E3CC1E4301A5AE43EB6A2A44D2">
<enum>
(cc)
</enum>
<text>
assistance to area employers in managing reductions in force in coordination with rapid response activities provided under subsection (a)(2)(A) and with strategies for the aversion of layoffs, which strategies may include early identification of firms at risk of layoffs, use of feasibility studies to assess the needs of and options for at-risk firms, and the delivery of employment and training activities to address risk factors; and
</text>
</item>
<item id="H7D5F0B92B0C244118621AC1769026A62">
<enum>
(dd)
</enum>
<text>
the marketing of business services offered under this title, to appropriate area employers, including small and mid-sized employers;
</text>
</item>
</subclause>
</clause>
<clause id="HC8727F550EB44635928EB521D280C095">
<enum>
(x)
</enum>
<text>
activities to adjust the economic self-sufficiency standards referred to in subsection (a)(3)(A)(xii) for local factors, or activities to adopt, calculate, or commission for approval, economic self-sufficiency standards for the local areas that specify the income needs of families, by family size, the number and ages of children in the family, and substate geographical considerations;
</text>
</clause>
<clause id="H3107FB7A1C5848E98641671B8A16C6B9">
<enum>
(xi)
</enum>
<text>
improved coordination between employment and training activities and programs carried out in the local area for individuals with disabilities, including programs carried out by State agencies relating to intellectual disabilities and developmental disabilities, activities carried out by Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796d">
29 U.S.C. 796d
</external-xref>
), programs funded under part B of chapter 1 of title VII of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e">
29 U.S.C. 796e et seq.
</external-xref>
), and activities carried out by centers for independent living, as defined in section 702 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/796a">
29 U.S.C. 796a
</external-xref>
); and
</text>
</clause>
<clause id="HF474A1301CBD4B5A8FF3E15435F4FB90">
<enum>
(xii)
</enum>
<text>
implementation of promising services to workers and businesses, which may include support for education, training, skill upgrading, and statewide networking for employees to become workplace learning advisors and maintain proficiency in carrying out the activities associated with such advising.
</text>
</clause>
</subparagraph>
<subparagraph id="H8C64932914C440229C763AFEE0FC0B5D">
<enum>
(B)
</enum>
<header>
Work support activities for low-wage workers
</header>
<clause id="HD8ED6944723349D38316E214402787E4">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), may be used to provide, through the one-stop delivery system involved, work support activities designed to assist low-wage workers in retaining and enhancing employment. The one-stop partners of the system shall coordinate the appropriate programs and resources of the partners with the activities and resources provided under this subparagraph.
</text>
</clause>
<clause id="H647244ECCA9242AC91C7866D83342CA6">
<enum>
(ii)
</enum>
<header>
Activities
</header>
<text>
The work support activities described in clause (i) may include the provision of activities described in this section through the one-stop delivery system in a manner that enhances the opportunities of such workers to participate in the activities, such as the provision of activities described in this section during nontraditional hours and the provision of onsite child care while such activities are being provided.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HA755BCA49F6A472DBEF7790697D81392">
<enum>
(2)
</enum>
<header>
Supportive services
</header>
<text>
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), may be used to provide supportive services to adults and dislocated workers, respectively—
</text>
<subparagraph id="H6A78C1D0BEA54D5FACC25EDC8B520B00">
<enum>
(A)
</enum>
<text>
who are participating in programs with activities authorized in paragraph (2) or (3) of subsection (c); and
</text>
</subparagraph>
<subparagraph id="HD42043EE8D1D4837A722932E8C8705D3">
<enum>
(B)
</enum>
<text>
who are unable to obtain such supportive services through other programs providing such services.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF3C03D3946B54E4298D0D36441826FBE">
<enum>
(3)
</enum>
<header>
Needs-related payments
</header>
<subparagraph id="H2D8DE7A482BA424B8D4D572D59FEBFF0">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), may be used to provide needs-related payments to adults and dislocated workers, respectively, who are unemployed and do not qualify for (or have ceased to qualify for) unemployment compensation for the purpose of enabling such individuals to participate in programs of training services under subsection (c)(3).
</text>
</subparagraph>
<subparagraph id="H1B1966F8D08A40F1AFAFA517A11D27FC">
<enum>
(B)
</enum>
<header>
Additional eligibility requirements
</header>
<text>
In addition to the requirements contained in subparagraph (A), a dislocated worker who has ceased to qualify for unemployment compensation may be eligible to receive needs-related payments under this paragraph only if such worker was enrolled in the training services—
</text>
<clause id="HE627913B045B40229D75D6CEA4468FB2">
<enum>
(i)
</enum>
<text>
by the end of the 13th week after the most recent layoff that resulted in a determination of the worker’s eligibility for employment and training activities for dislocated workers under this subtitle; or
</text>
</clause>
<clause id="H44C970134B8B40D3A48743DC9BF39447">
<enum>
(ii)
</enum>
<text>
if later, by the end of the 8th week after the worker is informed that a short-term layoff will exceed 6 months.
</text>
</clause>
</subparagraph>
<subparagraph id="H2EBE2CB114AE4BB0A795E880037063BA">
<enum>
(C)
</enum>
<header>
Level of payments
</header>
<text>
The level of a needs-related payment made to a dislocated worker under this paragraph shall not exceed the greater of—
</text>
<clause id="H9AFBF61D84EC4233A31DA19FC3DED893">
<enum>
(i)
</enum>
<text>
the applicable level of unemployment compensation; or
</text>
</clause>
<clause id="HC10CEB56D2EE4CAFB480E79169E73855">
<enum>
(ii)
</enum>
<text>
if such worker did not qualify for unemployment compensation, an amount equal to the poverty line, for an equivalent period, which amount shall be adjusted to reflect changes in total family income.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HE82E921898134C1C93F471C40177E8DB">
<enum>
(4)
</enum>
<header>
Incumbent worker training programs
</header>
<subparagraph id="H1C3F0B1DC9DB40399A6A670D3861B04D">
<enum>
(A)
</enum>
<header>
In general
</header>
<clause id="HCC4C8581DD67457682360FEEF7085850">
<enum>
(i)
</enum>
<header>
Standard reservation of funds
</header>
<text>
The local board may reserve and use not more than 20 percent of the funds allocated to the local area involved under section 133(b) to pay for the Federal share of the cost of providing training through a training program for incumbent workers, carried out in accordance with this paragraph.
</text>
</clause>
<clause id="HC3AC7F38FEA34488AF7A8E2B257FD5C0">
<enum>
(ii)
</enum>
<header>
Determination of eligibility
</header>
<text>
For the purpose of determining the eligibility of an employer to receive funding under clause (i), the local board shall take into account factors consisting of—
</text>
<subclause id="H41D693E833E44C0CAA98A69D3C2B1EE8">
<enum>
(I)
</enum>
<text>
the characteristics of the participants in the program;
</text>
</subclause>
<subclause id="H7C319E8600254EDFB29426C9C6C27E70">
<enum>
(II)
</enum>
<text>
the relationship of the training to the competitiveness of a participant and the employer; and
</text>
</subclause>
<subclause id="H84777A876DC642E2A86CF7D22DD31056">
<enum>
(III)
</enum>
<text>
such other factors as the local board may determine to be appropriate, which may include the number of employees participating in the training, the wage and benefit levels of those employees (at present and anticipated upon completion of the training), and the existence of other training and advancement opportunities provided by the employer.
</text>
</subclause>
</clause>
<clause id="HB861DD400D664D4F9BE54ECEBDA97F59">
<enum>
(iii)
</enum>
<header>
Statewide impact
</header>
<text>
The Governor or State board involved may make recommendations to the local board for providing incumbent worker training that has statewide impact.
</text>
</clause>
</subparagraph>
<subparagraph id="HFDDCA352487B465FBD9E5849A788587B">
<enum>
(B)
</enum>
<header>
Training activities
</header>
<text>
The training program for incumbent workers carried out under this paragraph shall be carried out by the local board in conjunction with the employers or groups of employers of such workers (which may include employers in partnership with other entities for the purposes of delivering training) for the purpose of assisting such workers in obtaining the skills necessary to retain employment or avert layoffs.
</text>
</subparagraph>
<subparagraph id="HE428B8762FFF436E98789D81C023FC48">
<enum>
(C)
</enum>
<header>
Employer payment of non-federal share
</header>
<text>
Employers participating in the program carried out under this paragraph shall be required to pay for the non-Federal share of the cost of providing the training to incumbent workers of the employers.
</text>
</subparagraph>
<subparagraph id="H437279E49DF04DF7B399A233F128D84D">
<enum>
(D)
</enum>
<header>
Non-federal share
</header>
<clause id="H593BF5091167439EA357379742DD5019">
<enum>
(i)
</enum>
<header>
Factors
</header>
<text>
Subject to clause (ii), the local board shall establish the non-Federal share of such cost (taking into consideration such other factors as the number of employees participating in the training, the wage and benefit levels of the employees (at the beginning and anticipated upon completion of the training), the relationship of the training to the competitiveness of the employer and employees, and the availability of other employer-provided training and advancement opportunities.
</text>
</clause>
<clause id="H7AA3D573B9674F5E8C3A2F2C53A1B3C8">
<enum>
(ii)
</enum>
<header>
Limits
</header>
<text>
The non-Federal share shall not be less than—
</text>
<subclause id="H5CD9BF31340F4F9BA38D28F708C59A37">
<enum>
(I)
</enum>
<text>
10 percent of the cost, for employers with not more than 50 employees;
</text>
</subclause>
<subclause id="HA558FF3C6D084A4A85062E237188318A">
<enum>
(II)
</enum>
<text>
25 percent of the cost, for employers with more than 50 employees but not more than 100 employees; and
</text>
</subclause>
<subclause id="HF223A6DF4C124E00A5A537FD076BC791">
<enum>
(III)
</enum>
<text>
50 percent of the cost, for employers with more than 100 employees.
</text>
</subclause>
</clause>
<clause id="H6B07F2A7AABE4772A871C28BFA57CF91">
<enum>
(iii)
</enum>
<header>
Calculation of employer share
</header>
<text>
The non-Federal share provided by an employer participating in the program may include the amount of the wages paid by the employer to a worker while the worker is attending a training program under this paragraph. The employer may provide the share in cash or in kind, fairly evaluated.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H368824129402497F90945120E20D6713">
<enum>
(5)
</enum>
<header>
Transitional jobs
</header>
<text>
The local board may use not more than 10 percent of the funds allocated to the local area involved under section 133(b) to provide transitional jobs under subsection (c)(3) that—
</text>
<subparagraph id="H5CC3156B5F3C41EFAD456079251681C2">
<enum>
(A)
</enum>
<text>
are time-limited work experiences that are subsidized and are in the public, private, or nonprofit sectors for individuals with barriers to employment who are chronically unemployed or have an inconsistent work history;
</text>
</subparagraph>
<subparagraph id="HDCC57F0F86B14929A3277FF941F30A79">
<enum>
(B)
</enum>
<text>
are combined with comprehensive employment and supportive services; and
</text>
</subparagraph>
<subparagraph id="H4BCFC7C6CD2E4CE6A437494578D3DED7">
<enum>
(C)
</enum>
<text>
are designed to assist the individuals described in subparagraph (A) to establish a work history, demonstrate success in the workplace, and develop the skills that lead to entry into and retention in unsubsidized employment.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
</chapter>
<chapter id="H52D4565E06C64BA6B5C5B4533FA2FF39">
<enum>
4
</enum>
<header>
General workforce investment provisions
</header>
<section id="H51931F0933E543E98B21CA17F92924E4">
<enum>
136.
</enum>
<header>
Authorization of appropriations
</header>
<subsection id="H153C1E69406C4C87A3FD1505EB64BA93">
<enum>
(a)
</enum>
<header>
Youth workforce investment activities
</header>
<text>
There are authorized to be appropriated to carry out the activities described in section 127(a), $820,430,000 for fiscal year 2015, $883,800,000 for fiscal year 2016, $902,139,000 for fiscal year 2017, $922,148,000 for fiscal year 2018, $943,828,000 for fiscal year 2019, and $963,837,000 for fiscal year 2020.
</text>
</subsection>
<subsection id="H815C53C9726A40239DD1995E3B0B3674">
<enum>
(b)
</enum>
<header>
Adult employment and training activities
</header>
<text>
There are authorized to be appropriated to carry out the activities described in section 132(a)(1), $766,080,000 for fiscal year 2015, $825,252,000 for fiscal year 2016, $842,376,000 for fiscal year 2017, $861,060,000 for fiscal year 2018, $881,303,000 for fiscal year 2019, and $899,987,000 for fiscal year 2020.
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="H0421249E3FDC40DFBB082FCA2A37422D">
<enum>
(c)
</enum>
<header>
Dislocated worker employment and training activities
</header>
<text>
There are authorized to be appropriated to carry out the activities described in section 132(a)(2), $1,222,457,000 for fiscal year 2015, $1,316,880,000 for fiscal year 2016, $1,344,205,000 for fiscal year 2017, $1,374,019,000 for fiscal year 2018, $1,406,322,000 for fiscal year 2019, and $1,436,137,000 for fiscal year 2020.
</text>
</subsection>
</section>
</chapter>
</subtitle>
<subtitle id="HF61265C45E7E4223A4A84808E5E17325">
<enum>
C
</enum>
<header>
Job Corps
</header>
<section id="HFA88D819182F40C69B7DF6A8C1AFE224">
<enum>
141.
</enum>
<header>
Purposes
</header>
<text display-inline="no-display-inline">
The purposes of this subtitle are—
</text>
<paragraph id="HF6D8580F7D38495AABC9909525CB5E0F">
<enum>
(1)
</enum>
<text>
to maintain a national Job Corps program, carried out in partnership with States and communities, to—
</text>
<subparagraph id="H0B44A4A690454F9A81019589A1135397">
<enum>
(A)
</enum>
<text>
assist eligible youth to connect to the labor force by providing them with intensive social, academic, career and technical education, and service-learning opportunities, in primarily residential centers, in order for such youth to obtain secondary school diplomas or recognized postsecondary credentials leading to—
</text>
<clause id="HB575885ADE0A4515AE259B370D72E639">
<enum>
(i)
</enum>
<text>
successful careers, in in-demand industry sectors or occupations or the Armed Forces, that will result in economic self-sufficiency and opportunities for advancement; or
</text>
</clause>
<clause id="H64E70276CE464A9F9326C14F5B4DD414">
<enum>
(ii)
</enum>
<text>
enrollment in postsecondary education, including an apprenticeship program; and
</text>
</clause>
</subparagraph>
<subparagraph id="HB713DA2A234D4EA8AE03D4119CCAD9D6">
<enum>
(B)
</enum>
<text>
support responsible citizenship;
</text>
</subparagraph>
</paragraph>
<paragraph id="H5C2FCCEE65134C11AB6AAD36D915E0FD">
<enum>
(2)
</enum>
<text>
to set forth standards and procedures for selecting individuals as enrollees in the Job Corps;
</text>
</paragraph>
<paragraph id="H0340F0C54D1B46BD96E0E78992657AC6">
<enum>
(3)
</enum>
<text>
to authorize the establishment of Job Corps centers in which enrollees will participate in intensive programs of activities described in this subtitle; and
</text>
</paragraph>
<paragraph id="H1525AD287AA543F5B9689CE9C7E4F88C">
<enum>
(4)
</enum>
<text>
to prescribe various other powers, duties, and responsibilities incident to the operation and continuing development of the Job Corps.
</text>
</paragraph>
</section>
<section id="HBE9F64EFE1C44660A9884915140DAA88">
<enum>
142.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this subtitle:
</text>
<paragraph id="H90CE98454FDF42F58BC28A8093286267">
<enum>
(1)
</enum>
<header>
Applicable local board
</header>
<text>
The term
<term>
applicable local board
</term>
means a local board—
</text>
<subparagraph id="HBE80E4323B2F49A7AF42050719512F7F">
<enum>
(A)
</enum>
<text>
that provides information for a Job Corps center on local employment opportunities and the job skills needed to obtain the opportunities; and
</text>
</subparagraph>
<subparagraph id="H51265AC9754944F3BDB41EB8D78BFFEC">
<enum>
(B)
</enum>
<text>
that serves communities in which the graduates of the Job Corps center seek employment.
</text>
</subparagraph>
</paragraph>
<paragraph id="H62DECBAF740448B5A03ADE4205358AEA">
<enum>
(2)
</enum>
<header>
Applicable one-stop center
</header>
<text>
The term
<term>
applicable one-stop center
</term>
means a one-stop center that provides services, such as referral, assessment, recruitment, and placement, to support the purposes of the Job Corps.
</text>
</paragraph>
<paragraph id="HB56FB6B32D8D481BAE61374B74E6DF09">
<enum>
(3)
</enum>
<header>
Enrollee
</header>
<text>
The term
<term>
enrollee
</term>
means an individual who has voluntarily applied for, been selected for, and enrolled in the Job Corps program, and remains with the program, but has not yet become a graduate.
</text>
</paragraph>
<paragraph id="HE573B47CFBAF44DEB62A09EE54AEFF4C">
<enum>
(4)
</enum>
<header>
Former enrollee
</header>
<text>
The term
<term>
former enrollee
</term>
means an individual who has voluntarily applied for, been selected for, and enrolled in the Job Corps program, but left the program prior to becoming a graduate.
</text>
</paragraph>
<paragraph id="HD4DC0CF7C5634CBE80EC836C57701279">
<enum>
(5)
</enum>
<header>
Graduate
</header>
<text>
The term
<term>
graduate
</term>
means an individual who has voluntarily applied for, been selected for, and enrolled in the Job Corps program and who, as a result of participation in the Job Corps program, has received a secondary school diploma or recognized equivalent, or completed the requirements of a career and technical education and training program that prepares individuals for employment leading to economic self-sufficiency or entrance into postsecondary education or training.
</text>
</paragraph>
<paragraph id="H3C771C3CA75B449D91F38824D31A967A">
<enum>
(6)
</enum>
<header>
Job corps
</header>
<text>
The term
<term>
Job Corps
</term>
means the Job Corps described in section 143.
</text>
</paragraph>
<paragraph id="H90897003EC3B45268FE0C3885DE76E94">
<enum>
(7)
</enum>
<header>
Job corps center
</header>
<text>
The term
<term>
Job Corps center
</term>
means a center described in section 147.
</text>
</paragraph>
<paragraph id="HDA63015AF303404C9F7413C53BD4D9BE">
<enum>
(8)
</enum>
<header>
Operator
</header>
<text>
The term
<term>
operator
</term>
means an entity selected under this subtitle to operate a Job Corps center.
</text>
</paragraph>
<paragraph id="H5316C012BCE64442946C7EA4AC27BB0C">
<enum>
(9)
</enum>
<header>
Region
</header>
<text>
The term
<term>
region
</term>
means an area defined by the Secretary.
</text>
</paragraph>
<paragraph id="H17D16EDBFFDC4EBEAFEB5CA65AF9C15F">
<enum>
(10)
</enum>
<header>
Service provider
</header>
<text>
The term
<term>
service provider
</term>
means an entity selected under this subtitle to provide services described in this subtitle to a Job Corps center.
</text>
</paragraph>
</section>
<section id="HBCCE7DDEF3A843F8837C3EF6D561B87D">
<enum>
143.
</enum>
<header>
Establishment
</header>
<text display-inline="no-display-inline">
There shall be within the Department of Labor a
<quote>
Job Corps
</quote>
.
</text>
</section>
<section id="H43302D6D30C145AE9CBE17073359505A">
<enum>
144.
</enum>
<header>
Individuals eligible for the Job Corps
</header>
<subsection id="HA074D28B7D204297BF2334ACB10727BE">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
To be eligible to become an enrollee, an individual shall be—
</text>
<paragraph id="H589072B218044A4D8F37C02852FFEC0A">
<enum>
(1)
</enum>
<text>
not less than age 16 and not more than age 21 on the date of enrollment, except that—
</text>
<subparagraph id="H3D5A16481212438F87679B2C67DFDBDE">
<enum>
(A)
</enum>
<text>
not more than 20 percent of the individuals enrolled in the Job Corps may be not less than age 22 and not more than age 24 on the date of enrollment; and
</text>
</subparagraph>
<subparagraph id="H057B687E4B7342F4A03B7122E485B8F8">
<enum>
(B)
</enum>
<text>
either such maximum age limitation may be waived by the Secretary, in accordance with regulations of the Secretary, in the case of an individual with a disability;
</text>
</subparagraph>
</paragraph>
<paragraph id="H2CEDDFD054884CC68E3063F906C6E144">
<enum>
(2)
</enum>
<text>
a low-income individual; and
</text>
</paragraph>
<paragraph id="H98D0D69803BC479F85BA0775A2903E0C">
<enum>
(3)
</enum>
<text>
an individual who is one or more of the following:
</text>
<subparagraph id="H74100895E9FA4305AB44413923B21F71">
<enum>
(A)
</enum>
<text>
Basic skills deficient.
</text>
</subparagraph>
<subparagraph id="H86B9AE235B454AD99F934561E9F8B677">
<enum>
(B)
</enum>
<text>
A school dropout.
</text>
</subparagraph>
<subparagraph id="HF49CF648D91C463193EC00EE97E05F59">
<enum>
(C)
</enum>
<text>
A homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 (
<external-xref legal-doc="usc" parsable-cite="usc/42/14043e-2">
42 U.S.C. 14043e–2(6)
</external-xref>
)), a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/11434a">
42 U.S.C. 11434a(2)
</external-xref>
)), a runaway, an individual in foster care, or an individual who was in foster care and has aged out of the foster care system.
</text>
</subparagraph>
<subparagraph id="H736907231FB34D4C8F7C8709910B4ECD">
<enum>
(D)
</enum>
<text>
A parent.
</text>
</subparagraph>
<subparagraph id="H5641B52273674C31B398D3EEB73B1BBE">
<enum>
(E)
</enum>
<text>
An individual who requires additional education, career and technical education or training, or workforce preparation skills to be able to obtain and retain employment that leads to economic self-sufficiency.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HCA6A6672534347588912B487E9DD6B0B">
<enum>
(b)
</enum>
<header>
Special rule for veterans
</header>
<text>
Notwithstanding the requirement of subsection (a)(2), a veteran shall be eligible to become an enrollee under subsection (a) if the individual—
</text>
<paragraph id="H6B33701F0B964017BB15216A2480EA33">
<enum>
(1)
</enum>
<text>
meets the requirements of paragraphs (1) and (3) of such subsection; and
</text>
</paragraph>
<paragraph id="H65DABFC03D434080A1CA32AA9209DC04">
<enum>
(2)
</enum>
<text>
does not meet the requirement of subsection (a)(2) because the military income earned by such individual within the 6-month period prior to the individual’s application for Job Corps prevents the individual from meeting such requirement.
</text>
</paragraph>
</subsection>
</section>
<section id="H28998D9D6CEF4EEB91AD02B82925DE7E">
<enum>
145.
</enum>
<header>
Recruitment, screening, selection, and assignment of enrollees
</header>
<subsection id="H03649F27213E420D85572D053D93AADC">
<enum>
(a)
</enum>
<header>
Standards and procedures
</header>
<paragraph id="H3C1B685617924992BE9164703562604B">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Secretary shall prescribe specific standards and procedures for the recruitment, screening, and selection of eligible applicants for the Job Corps, after considering recommendations from Governors of States, local boards, and other interested parties.
</text>
</paragraph>
<paragraph id="HB24859A2F0464CE9B8858806E43EF7BE">
<enum>
(2)
</enum>
<header>
Methods
</header>
<text>
In prescribing standards and procedures under paragraph (1), the Secretary, at a minimum, shall—
</text>
<subparagraph id="H0A8E08A7EFFC49C0B1675BDA7D6130A7">
<enum>
(A)
</enum>
<text>
prescribe procedures for informing enrollees that drug tests will be administered to the enrollees and the results received within 45 days after the enrollees enroll in the Job Corps;
</text>
</subparagraph>
<subparagraph id="H8A44BF4ACB8F4614A224574A53949634">
<enum>
(B)
</enum>
<text>
establish standards for recruitment of Job Corps applicants;
</text>
</subparagraph>
<subparagraph id="HE027D7312D7A4B5F84B44BA59C5AC9BE">
<enum>
(C)
</enum>
<text>
establish standards and procedures for—
</text>
<clause id="H40014D96CAF44DC8A9788A320DEBCEAC">
<enum>
(i)
</enum>
<text>
determining, for each applicant, whether the educational and career and technical education and training needs of the applicant can best be met through the Job Corps program or an alternative program in the community in which the applicant resides; and
</text>
</clause>
<clause id="H12FC47B14AB94E0B9F63FC94C29E0318">
<enum>
(ii)
</enum>
<text>
obtaining from each applicant pertinent data relating to background, needs, and interests for determining eligibility and potential assignment;
</text>
</clause>
</subparagraph>
<subparagraph id="HC1E7D7E0B0B1490FA622C5792EF7FD38">
<enum>
(D)
</enum>
<text>
where appropriate, take measures to improve the professional capability of the individuals conducting screening of the applicants; and
</text>
</subparagraph>
<subparagraph id="HDBF60730F13D4F7094D65D7CDDD84F41">
<enum>
(E)
</enum>
<text>
assure appropriate representation of enrollees from urban areas and from rural areas.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1F978665C65B461EA1154310AE8EC31C">
<enum>
(3)
</enum>
<header>
Implementation
</header>
<text>
The standards and procedures shall be implemented through arrangements with—
</text>
<subparagraph id="H0AE3161F1A0E48AE96D9E9900F15D924">
<enum>
(A)
</enum>
<text>
applicable one-stop centers;
</text>
</subparagraph>
<subparagraph id="H163E586320084517BA8B64E928733B03">
<enum>
(B)
</enum>
<text>
organizations that have a demonstrated record of effectiveness in serving at-risk youth and placing such youth into employment, including community action agencies, business organizations, or labor organizations; and
</text>
</subparagraph>
<subparagraph id="H43565355661D4C9F96B9FAD645182017">
<enum>
(C)
</enum>
<text>
child welfare agencies that are responsible for children and youth eligible for benefits and services under section 477 of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/677">
42 U.S.C. 677
</external-xref>
).
</text>
</subparagraph>
</paragraph>
<paragraph id="H7DDC323049FC46C699964802EBCE37D7">
<enum>
(4)
</enum>
<header>
Consultation
</header>
<text>
The standards and procedures shall provide for necessary consultation with individuals and organizations, including court, probation, parole, law enforcement, education, welfare, and medical authorities and advisers.
</text>
</paragraph>
<paragraph id="HA35544A4D7184BBD8275A8F81187D34E">
<enum>
(5)
</enum>
<header>
Reimbursement
</header>
<text>
The Secretary is authorized to enter into contracts with and make payments to individuals and organizations for the cost of conducting recruitment, screening, and selection of eligible applicants for the Job Corps, as provided for in this section. The Secretary shall make no payment to any individual or organization solely as compensation for referring the names of applicants for the Job Corps.
</text>
</paragraph>
</subsection>
<subsection id="H54EA74016D9B4A4EB0CE0CA9E9E14D9D">
<enum>
(b)
</enum>
<header>
Special limitations on selection
</header>
<paragraph id="HE3ACC199515644EAA765C8D75FD12A19">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
No individual shall be selected as an enrollee unless the individual or organization implementing the standards and procedures described in subsection (a) determines that—
</text>
<subparagraph id="HADE6EAD37D474CF3BECD764558246D3D">
<enum>
(A)
</enum>
<text>
there is a reasonable expectation that the individual considered for selection can participate successfully in group situations and activities, and is not likely to engage in behavior that would prevent other enrollees from receiving the benefit of the Job Corps program or be incompatible with the maintenance of sound discipline and satisfactory relationships between the Job Corps center to which the individual might be assigned and communities surrounding the Job Corps center;
</text>
</subparagraph>
<subparagraph id="H172701E4EC9A4C7CB7033379E95B10BB">
<enum>
(B)
</enum>
<text>
the individual manifests a basic understanding of both the rules to which the individual will be subject and of the consequences of failure to observe the rules, and agrees to comply with such rules; and
</text>
</subparagraph>
<subparagraph id="H34D60609881343F2A27A8768B95670DF">
<enum>
(C)
</enum>
<text>
the individual has passed a background check conducted in accordance with procedures established by the Secretary and with applicable State and local laws.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0424297ED6A04AA3A22EECE0C88B0CE9">
<enum>
(2)
</enum>
<header>
Individuals on probation, parole, or supervised release
</header>
<text>
An individual on probation, parole, or supervised release may be selected as an enrollee only if release from the supervision of the probation or parole official involved is satisfactory to the official and the Secretary and does not violate applicable laws (including regulations). No individual shall be denied a position in the Job Corps solely on the basis of individual contact with the criminal justice system except for a disqualifying conviction as specified in paragraph (3).
</text>
</paragraph>
<paragraph commented="no" id="HA766D1A520F64C27A7DA8BE255EB0DA9">
<enum>
(3)
</enum>
<header>
Individuals convicted of certain crimes
</header>
<text>
An individual shall not be selected as an enrollee if the individual has been convicted of a felony consisting of murder (as described in
<external-xref legal-doc="usc" parsable-cite="usc/18/1111">
section 1111
</external-xref>
of title 18, United States Code), child abuse, or a crime involving rape or sexual assault.
</text>
</paragraph>
</subsection>
<subsection id="H1CC5FA08AC4D4C61BB1EC06A60709C4B">
<enum>
(c)
</enum>
<header>
Assignment plan
</header>
<paragraph id="H6E6E4F5216CA4D37829C56030420656F">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Every 2 years, the Secretary shall develop and implement a plan for assigning enrollees to Job Corps centers. In developing the plan, the Secretary shall, based on the analysis described in paragraph (2), establish targets, applicable to each Job Corps center, for—
</text>
<subparagraph id="HE98B6BD8F27B418B9908277A929C0B81">
<enum>
(A)
</enum>
<text>
the maximum attainable percentage of enrollees at the Job Corps center that reside in the State in which the center is located; and
</text>
</subparagraph>
<subparagraph id="H358F62EB7C814138B80D083257C98154">
<enum>
(B)
</enum>
<text>
the maximum attainable percentage of enrollees at the Job Corps center that reside in the region in which the center is located, and in surrounding regions.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB6E0BDF9B541499AAE9E32EB1BC81F56">
<enum>
(2)
</enum>
<header>
Analysis
</header>
<text>
In order to develop the plan described in paragraph (1), every 2 years the Secretary, in consultation with operators of Job Corps centers, shall analyze relevant factors relating to each Job Corps center, including—
</text>
<subparagraph id="H6108BF91DBB64EE18E2CB1D5F0270DEC">
<enum>
(A)
</enum>
<text>
the size of the population of individuals eligible to participate in Job Corps in the State and region in which the Job Corps center is located, and in surrounding regions;
</text>
</subparagraph>
<subparagraph id="H3B3F488F2011402993EA77A7700F1D07">
<enum>
(B)
</enum>
<text>
the relative demand for participation in the Job Corps in the State and region, and in surrounding regions;
</text>
</subparagraph>
<subparagraph id="H073247194C65449EA9CB12D8AE691D16">
<enum>
(C)
</enum>
<text>
the capacity and utilization of the Job Corps center, including the education, training, and supportive services provided through the center; and
</text>
</subparagraph>
<subparagraph id="H3691697863794B4ABFF97E37470F4362">
<enum>
(D)
</enum>
<text>
the performance of the Job Corps center relating to the expected levels of performance for the indicators described in section 159(c)(1), and whether any actions have been taken with respect to such center pursuant to paragraphs (2) and (3) of section 159(f).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H2DBA457C22F94E3A83A9398EBBE9A468">
<enum>
(d)
</enum>
<header>
Assignment of individual enrollees
</header>
<paragraph id="H6AB0B828DC6C499CACBFCE0946DC7A71">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
After an individual has been selected for the Job Corps in accordance with the standards and procedures of the Secretary under subsection (a), the enrollee shall be assigned to the Job Corps center that offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The Secretary may waive this requirement if—
</text>
<subparagraph id="H98F3E69545CC48E8BED9B487C0F08A96">
<enum>
(A)
</enum>
<text>
the enrollee would be unduly delayed in participating in the Job Corps program because the closest center is operating at full capacity; or
</text>
</subparagraph>
<subparagraph id="H7D50457C41294B3D8FF67E699B5D89FB">
<enum>
(B)
</enum>
<text>
the parent or guardian of the enrollee requests assignment of the enrollee to another Job Corps center due to circumstances in the community of the enrollee that would impair prospects for successful participation in the Job Corps program.
</text>
</subparagraph>
</paragraph>
<paragraph id="H9BE622EE2CF944489FF9E26CE5C8892B">
<enum>
(2)
</enum>
<header>
Enrollees who are younger than 18
</header>
<text>
An enrollee who is younger than 18 shall not be assigned to a Job Corps center other than the center closest to the home that offers the career and technical education and training desired by the enrollee pursuant to paragraph (1) if the parent or guardian of the enrollee objects to the assignment.
</text>
</paragraph>
</subsection>
</section>
<section id="H2D025817BD1B4A5E938A901A82C9B169">
<enum>
146.
</enum>
<header>
Enrollment
</header>
<subsection id="H1D712C91B23B4C018D351737F040E56D">
<enum>
(a)
</enum>
<header>
Relationship between enrollment and military obligations
</header>
<text>
Enrollment in the Job Corps shall not relieve any individual of obligations under the Military Selective Service Act (50 U.S.C. App. 451 et seq.).
</text>
</subsection>
<subsection id="H85B8ECE61E6347AE8917F99576A78E3E">
<enum>
(b)
</enum>
<header>
Period of enrollment
</header>
<text>
No individual may be enrolled in the Job Corps for more than 2 years, except—
</text>
<paragraph id="H826C1C862A09429384B0919A299C26F6">
<enum>
(1)
</enum>
<text>
in a case in which completion of an advanced career training program under section 148(c) would require an individual to participate in the Job Corps for not more than one additional year;
</text>
</paragraph>
<paragraph id="H0B21356E27B44E20BDA0C34714756674">
<enum>
(2)
</enum>
<text>
in the case of an individual with a disability who would reasonably be expected to meet the standards for a Job Corps graduate, as defined under section 142(5), if allowed to participate in the Job Corps for not more than 1 additional year;
</text>
</paragraph>
<paragraph id="HBA8F8274F85C44968C525024110DC19B">
<enum>
(3)
</enum>
<text>
in the case of an individual who participates in national service, as authorized by a Civilian Conservation Center program, who would be granted an enrollment extension in the Job Corps for the amount of time equal to the period of national service; or
</text>
</paragraph>
<paragraph id="HC50C95109F114F4583C057812CD81FBF">
<enum>
(4)
</enum>
<text>
as the Secretary may authorize in a special case.
</text>
</paragraph>
</subsection>
</section>
<section id="H850CBA2B921E4B3897C14BA790D77E9C">
<enum>
147.
</enum>
<header>
Job Corps centers
</header>
<subsection id="H6888D669F79A493DAC08FD6C508BC0A0">
<enum>
(a)
</enum>
<header>
Operators and service providers
</header>
<paragraph id="H0B000BED72594201A8910DA36F7A06E3">
<enum>
(1)
</enum>
<header>
Eligible entities
</header>
<subparagraph id="HDE714638B826401286474DAF34ADD932">
<enum>
(A)
</enum>
<header>
Operators
</header>
<text>
The Secretary shall enter into an agreement with a Federal, State, or local agency, an area career and technical education school, a residential career and technical education school, or a private organization, for the operation of each Job Corps center.
</text>
</subparagraph>
<subparagraph id="H3F402F4CA36E4DBE818ECE7B196DFD16">
<enum>
(B)
</enum>
<header>
Providers
</header>
<text>
The Secretary may enter into an agreement with a local entity, or other entity with the necessary capacity, to provide activities described in this subtitle to a Job Corps center.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA451DAD80F924488B286879D8ADFBD8B">
<enum>
(2)
</enum>
<header>
Selection process
</header>
<subparagraph id="H78FF5533128346AFB80E3C287FA93C06">
<enum>
(A)
</enum>
<header>
Competitive basis
</header>
<text>
Except as provided in subsections (a) and (b) of
<external-xref legal-doc="usc" parsable-cite="usc/41/3304">
section 3304
</external-xref>
of title 41, United States Code, the Secretary shall select on a competitive basis an entity to operate a Job Corps center and entities to provide activities described in this subtitle to the Job Corps center. In developing a solicitation for an operator or service provider, the Secretary shall consult with the Governor of the State in which the center is located, the workforce council for the Job Corps center (if established), and the applicable local board regarding the contents of such solicitation, including elements that will promote the consistency of the activities carried out through the center with the objectives set forth in the State plan or in a local plan.
</text>
</subparagraph>
<subparagraph id="HD4E3CD4D94544BA9BFC8F06896881802">
<enum>
(B)
</enum>
<header>
Recommendations and considerations
</header>
<clause id="H21625CF6E3054B8F87EEB0D14EFDB9C2">
<enum>
(i)
</enum>
<header>
Operators
</header>
<text>
In selecting an entity to operate a Job Corps center, the Secretary shall consider—
</text>
<subclause id="H5B2B1E6CF04248CA99E9CFA6D4A0B9FC">
<enum>
(I)
</enum>
<text>
the ability of the entity to coordinate the activities carried out through the Job Corps center with activities carried out under the appropriate State plan and local plans;
</text>
</subclause>
<subclause id="HCFCBEA9FDABA4675B6E3F14590278C0A">
<enum>
(II)
</enum>
<text>
the ability of the entity to offer career and technical education and training that has been proposed by the workforce council under section 154(c), and the degree to which such education and training reflects employment opportunities in the local areas in which enrollees at the center intend to seek employment;
</text>
</subclause>
<subclause id="H54BB0995C3AB4929B3B58B373BFA6FE9">
<enum>
(III)
</enum>
<text>
the degree to which the entity demonstrates relationships with the surrounding communities, employers, labor organizations, State boards, local boards, applicable one-stop centers, and the State and region in which the center is located;
</text>
</subclause>
<subclause id="H88606A5854C24EA28A009F0D3CB5D33E">
<enum>
(IV)
</enum>
<text>
the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including information regarding the entity in any reports developed by the Office of Inspector General of the Department of Labor and the entity’s demonstrated effectiveness in assisting individuals in achieving the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii); and
</text>
</subclause>
<subclause id="H66C75A8E8B464EAEA1142950557374EE">
<enum>
(V)
</enum>
<text>
the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including providing them with intensive academics and career and technical education and training.
</text>
</subclause>
</clause>
<clause id="HF34951DF06274229B2BBCB329D7E7B51">
<enum>
(ii)
</enum>
<header>
Providers
</header>
<text>
In selecting a service provider for a Job Corps center, the Secretary shall consider the factors described in clause (i).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HD13F0E98F2DF4640A1A4CDA751132A8E">
<enum>
(3)
</enum>
<header>
Additional selection factors
</header>
<text>
To be eligible to operate a Job Corps center, an entity shall submit to the Secretary, at such time and in such manner as the Secretary may require, information related to additional selection factors, which shall include the following:
</text>
<subparagraph id="H6FCDB7833B704F8B8A5D40DA07781471">
<enum>
(A)
</enum>
<text>
A description of the program activities that will be offered at the center and how the academics and career and technical education and training reflect State and local employment opportunities, including opportunities in in-demand industry sectors and occupations recommended by the workforce council under section 154(c)(2)(A).
</text>
</subparagraph>
<subparagraph id="H405F8ABF96AD43999D90A150DC3B72DC">
<enum>
(B)
</enum>
<text>
A description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment or education leading to a recognized postsecondary credential upon completion of the program.
</text>
</subparagraph>
<subparagraph id="H544A9A401E51487CBBDB86EBD8D32050">
<enum>
(C)
</enum>
<text>
A description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment and postsecondary education, including past performance of operating a Job Corps center under this subtitle or subtitle C of title I of the Workforce Investment Act of 1998, and as appropriate, the entity’s demonstrated effectiveness in assisting individuals in achieving the indicators of performance for eligible youth described in section 116(b)(2)(A)(ii).
</text>
</subparagraph>
<subparagraph id="HB81987DDCD7546759A064DDD6018F5E6">
<enum>
(D)
</enum>
<text>
A description of the relationships that the entity has developed with State boards, local boards, applicable one-stop centers, employers, labor organizations, State and local educational agencies, and the surrounding communities in which the center is located, in an effort to promote a comprehensive statewide workforce development system.
</text>
</subparagraph>
<subparagraph id="HC7D6736DC1664A5193FB4201F2CD3DE3">
<enum>
(E)
</enum>
<text>
A description of the entity’s ability to coordinate the activities carried out through the Job Corps center with activities carried out under the appropriate State plan and local plans.
</text>
</subparagraph>
<subparagraph id="HFE2EE9C7FB9740D6BA708F1791D5F9F1">
<enum>
(F)
</enum>
<text>
A description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a).
</text>
</subparagraph>
<subparagraph id="H0F8923A77311419588CF3779C250A845">
<enum>
(G)
</enum>
<text>
A description of the steps to be taken to control costs in accordance with section 159(a)(3).
</text>
</subparagraph>
<subparagraph id="HD107EEEF5206474D81E21A87BDC291D6">
<enum>
(H)
</enum>
<text>
A detailed budget of the activities that will be supported using funds under this subtitle and non-Federal resources.
</text>
</subparagraph>
<subparagraph id="H81192134E8C14C46A6F500239A83E46D">
<enum>
(I)
</enum>
<text>
An assurance the entity is licensed to operate in the State in which the center is located.
</text>
</subparagraph>
<subparagraph id="H8CC5F1E1FFBE4AA69FE00905B053B2C4">
<enum>
(J)
</enum>
<text>
An assurance the entity will comply with basic health and safety codes, which shall include the disciplinary measures described in section 152(b).
</text>
</subparagraph>
<subparagraph id="H43CFA36B7FF74820927101D0E36290D3">
<enum>
(K)
</enum>
<text>
Any other information on additional selection factors that the Secretary may require.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H9B714C26EC724057AD2A66F2463EC09E">
<enum>
(b)
</enum>
<header>
High-performing centers
</header>
<paragraph id="H52ECA396E3504A8F882AD1262998CDA4">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
If an entity meets the requirements described in paragraph (2) as applied to a particular Job Corps center, such entity shall be allowed to compete in any competitive selection process carried out for an award to operate such center.
</text>
</paragraph>
<paragraph id="H6A5E4AD94E5041328C9B7FCC2CC4F900">
<enum>
(2)
</enum>
<header>
High performance
</header>
<text>
An entity shall be considered to be an operator of a high-performing center if the Job Corps center operated by the entity—
</text>
<subparagraph id="H17B813DD67614E7EBA0E5E3275483382">
<enum>
(A)
</enum>
<text>
is ranked among the top 20 percent of Job Corps centers for the most recent preceding program year; and
</text>
</subparagraph>
<subparagraph id="HCA9683E0893A4ADCA18731E2CBB0DDAE">
<enum>
(B)
</enum>
<text>
meets the expected levels of performance established under section 159(c)(1) and, with respect to each of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii)—
</text>
<clause id="HF6074A625E034279BB71B4526B5FE66A">
<enum>
(i)
</enum>
<text>
for the period of the most recent preceding 3 program years for which information is available at the time the determination is made, achieved an average of 100 percent, or higher, of the expected level of performance established under section 159(c)(1) for the indicator; and
</text>
</clause>
<clause id="HEE9A4F2E400C4F688234521B4B56D9C9">
<enum>
(ii)
</enum>
<text>
for the most recent preceding program year for which information is available at the time the determination is made, achieved 100 percent, or higher, of the expected level of performance established under such section for the indicator.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HCE2890AA81E34DA095F271FE1B2791D3">
<enum>
(3)
</enum>
<header>
Transition
</header>
<text>
If any of the program years described in paragraph (2)(B) precedes the implementation of the establishment of expected levels of performance under section 159(c) and the application of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii), an entity shall be considered an operator of a high-performing center during that period if the Job Corps center operated by the entity—
</text>
<subparagraph id="H7AEE4D1CDB5F4207BB9E766C34AF0CE9">
<enum>
(A)
</enum>
<text>
meets the requirements of paragraph (2)(B) with respect to such preceding program years using the performance of the Job Corps center regarding the national goals or targets established by the Office of the Job Corps under the previous performance accountability system for—
</text>
<clause id="HD5E93BC9F5E0402588C4B2B62DC43791">
<enum>
(i)
</enum>
<text>
the 6-month follow-up placement rate of graduates in employment, the military, education, or training;
</text>
</clause>
<clause id="HDE0F1868047548DB93BE77FBB21BA0CD">
<enum>
(ii)
</enum>
<text>
the 12–month follow-up placement rate of graduates in employment, the military, education, or training;
</text>
</clause>
<clause id="HDE3A10AD3B92453E99D2095A64D2099B">
<enum>
(iii)
</enum>
<text>
the 6-month follow-up average weekly earnings of graduates;
</text>
</clause>
<clause id="H8FA4FADCE28041F598030AEF1ECA1469">
<enum>
(iv)
</enum>
<text>
the rate of attainment of secondary school diplomas or their recognized equivalent;
</text>
</clause>
<clause id="H13898D2183644C36BE795BEC5DA2D8BD">
<enum>
(v)
</enum>
<text>
the rate of attainment of completion certificates for career and technical training;
</text>
</clause>
<clause id="H91F723166A5541208024A642ABCF3CBB">
<enum>
(vi)
</enum>
<text>
average literacy gains; and
</text>
</clause>
<clause id="H9D8C6BE09CBC4ECD9FC2EC7874E67B5C">
<enum>
(vii)
</enum>
<text>
average numeracy gains; or
</text>
</clause>
</subparagraph>
<subparagraph id="H5766FC6109F742B8BFF217468C08DFC5">
<enum>
(B)
</enum>
<text>
is ranked among the top 5 percent of Job Corps centers for the most recent preceding program year.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H2620537FDC0446D99CB6123FF7F13BF8">
<enum>
(c)
</enum>
<header>
Character and activities
</header>
<text>
Job Corps centers may be residential or nonresidential in character, and shall be designed and operated so as to provide enrollees, in a well-supervised setting, with access to activities described in this subtitle. In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps.
</text>
</subsection>
<subsection id="H8994B39216134FF988F782BC6DE410E1">
<enum>
(d)
</enum>
<header>
Civilian conservation centers
</header>
<paragraph id="H43968FD3CE114DED8C014C3141EF4FC2">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall provide, in addition to academics, career and technical education and training, and workforce preparation skills training, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest.
</text>
</paragraph>
<paragraph id="H7A8452409B0F4E5194EADCDFC979D5B5">
<enum>
(2)
</enum>
<header>
Assistance during disasters
</header>
<text>
Enrollees in Civilian Conservation Centers may provide assistance in addressing national, State, and local disasters, consistent with current child labor laws (including regulations). The Secretary of Agriculture shall ensure that with respect to the provision of such assistance the enrollees are properly trained, equipped, supervised, and dispatched consistent with standards for the conservation and rehabilitation of wildlife established under the Fish and Wildlife Coordination Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/661">
16 U.S.C. 661 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="H50BA9A57D4FE49D599FFF70045FAA565">
<enum>
(3)
</enum>
<header>
National liaison
</header>
<text>
The Secretary of Agriculture shall designate a Job Corps National Liaison to support the agreement under this section between the Departments of Labor and Agriculture.
</text>
</paragraph>
</subsection>
<subsection id="HEE4CB83B2E074809A07AEA135E205A28">
<enum>
(e)
</enum>
<header>
Indian tribes
</header>
<paragraph id="HA6DE7DAEFC734FC394D8BCBD18010A55">
<enum>
(1)
</enum>
<header>
General authority
</header>
<text>
The Secretary may enter into agreements with Indian tribes to operate Job Corps centers for Indians.
</text>
</paragraph>
<paragraph id="H186D04AA344348948E9C5EFB17B13013">
<enum>
(2)
</enum>
<header>
Definitions
</header>
<text>
In this subsection, the terms
<term>
Indian
</term>
and
<term>
Indian tribe
</term>
have the meanings given such terms in subsections (d) and (e), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/25/450b">
25 U.S.C. 450b
</external-xref>
).
</text>
</paragraph>
</subsection>
<subsection id="H7C372E097C16458F88E7005A44B642AF">
<enum>
(f)
</enum>
<header>
Length of agreement
</header>
<text>
The agreement described in subsection (a)(1)(A) shall be for not more than a 2-year period. The Secretary may exercise any contractual option to renew the agreement in 1-year increments for not more than 3 additional years, consistent with the requirements of subsection (g).
</text>
</subsection>
<subsection id="HB32740ECC4CC49C499F02D5293A33EF7">
<enum>
(g)
</enum>
<header>
Renewal conditions
</header>
<paragraph id="H1C2A8BC0F68A47A8844F2B43BC867074">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Subject to paragraph (2), the Secretary shall not renew the terms of an agreement for any 1-year additional period described in subsection (f) for an entity to operate a particular Job Corps center if, for both of the 2 most recent preceding program years for which information is available at the time the determination is made, or if a second program year is not available, the preceding year for which information is available, such center—
</text>
<subparagraph id="HAED826AB26284A68936A4325A4D0702D">
<enum>
(A)
</enum>
<text>
has been ranked in the lowest 10 percent of Job Corps centers; and
</text>
</subparagraph>
<subparagraph id="H4C46E0CF05B24201A000E76393319FB1">
<enum>
(B)
</enum>
<text>
failed to achieve an average of 50 percent or higher of the expected level of performance under section 159(c)(1) with respect to each of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii).
</text>
</subparagraph>
</paragraph>
<paragraph id="H8AD1521786B34DAF8E8413A0784AD59C">
<enum>
(2)
</enum>
<header>
Exception
</header>
<text>
Notwithstanding paragraph (1), the Secretary may exercise an option to renew the agreement for no more than 2 additional years if the Secretary determines such renewal would be in the best interest of the Job Corps program, taking into account factors including—
</text>
<subparagraph id="H04D3C52B55E94DFF8CBBB0A56CB003F4">
<enum>
(A)
</enum>
<text>
significant improvements in program performance in carrying out a performance improvement plan under section 159(f)(2);
</text>
</subparagraph>
<subparagraph id="HF9806492A717495390B61F44FD1C6625">
<enum>
(B)
</enum>
<text>
that the performance is due to circumstances beyond the control of the entity, such as an emergency or disaster, as defined in section 170(a)(1);
</text>
</subparagraph>
<subparagraph id="HA5BD209D402740D3B1428E1233C4B23E">
<enum>
(C)
</enum>
<text>
a significant disruption in the operations of the center, including in the ability to continue to provide services to students, or significant increase in the cost of such operations; or
</text>
</subparagraph>
<subparagraph id="HB93B53B1F6C24E8E8271941BBBEAD4EF">
<enum>
(D)
</enum>
<text>
a significant disruption in the procurement process with respect to carrying out a competition for the selection of a center operator.
</text>
</subparagraph>
</paragraph>
<paragraph id="H752F5CEA8B374DD6A8538CA28CE352DA">
<enum>
(3)
</enum>
<header>
Detailed explanation
</header>
<text>
If the Secretary exercises an option under paragraph (2), the Secretary shall provide, to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a detailed explanation of the rationale for exercising such option.
</text>
</paragraph>
<paragraph id="HC25486CF9A8F446185C3CA0281ADFD07">
<enum>
(4)
</enum>
<header>
Additional considerations
</header>
<text>
The Secretary shall only renew the agreement of an entity to operate a Job Corps center if the entity—
</text>
<subparagraph id="HC57A903EBD4A4B97A0624677A6843C20">
<enum>
(A)
</enum>
<text>
has a satisfactory record of integrity and business ethics;
</text>
</subparagraph>
<subparagraph id="HC8A3A897D1BF468DAED1F4788D91B034">
<enum>
(B)
</enum>
<text>
has adequate financial resources to perform the agreement;
</text>
</subparagraph>
<subparagraph id="H5CD1D8F2525C4A80AE7424AE1BE845A9">
<enum>
(C)
</enum>
<text>
has the necessary organization, experience, accounting and operational controls, and technical skills; and
</text>
</subparagraph>
<subparagraph id="H880A5F0EC9324CF7AA0555550752618E">
<enum>
(D)
</enum>
<text>
is otherwise qualified and eligible under applicable laws and regulations, including that the contractor is not under suspension or debarred from eligibility for Federal contracts.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H7490672B21F94104A948C73CF85F6410">
<enum>
148.
</enum>
<header>
Program activities
</header>
<subsection id="H55B187E32A884D60A14C622182C3CFC7">
<enum>
(a)
</enum>
<header>
Activities provided by job corps centers
</header>
<paragraph id="HF2808647797E48379FF7A482F6D3843B">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Each Job Corps center shall provide enrollees with an intensive, well organized, and fully supervised program of education, including English language acquisition programs, career and technical education and training, work experience, work-based learning, recreational activities, physical rehabilitation and development, driver's education, and counseling, which may include information about financial literacy. Each Job Corps center shall provide enrollees assigned to the center with access to career services described in clauses (i) through (xi) of section 134(c)(2)(A).
</text>
</paragraph>
<paragraph id="HAE111BB1433040BDB81E27638CB8CDB1">
<enum>
(2)
</enum>
<header>
Relationship to opportunities
</header>
<text>
The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment—
</text>
<subparagraph id="HE65E42A6AE94455FBA414C6268EF82BE">
<enum>
(A)
</enum>
<text>
secure and maintain meaningful unsubsidized employment;
</text>
</subparagraph>
<subparagraph id="H65D254EA40F94CB8A192100C22AD3415">
<enum>
(B)
</enum>
<text>
enroll in and complete secondary education or postsecondary education or training programs, including other suitable career and technical education and training, and apprenticeship programs; or
</text>
</subparagraph>
<subparagraph id="H83388E7CD4644D0A8A6940D79428813B">
<enum>
(C)
</enum>
<text>
satisfy Armed Forces requirements.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD7B85FD8491B497C9F4C7134D2F7E364">
<enum>
(3)
</enum>
<header>
Link to employment opportunities
</header>
<text>
The career and technical education and training provided shall be linked to employment opportunities in in-demand industry sectors and occupations in the State or local area in which the Job Corps center is located and, to the extent practicable, in the State or local area in which the enrollee intends to seek employment after graduation.
</text>
</paragraph>
</subsection>
<subsection id="H7376288C57FA45F5876584ACB50A90F9">
<enum>
(b)
</enum>
<header>
Academic and career and technical education and training
</header>
<text>
The Secretary may arrange for career and technical education and training of enrollees through local public or private educational agencies, career and technical educational institutions, technical institutes, or national service providers, whenever such entities provide education and training substantially equivalent in cost and quality to that which the Secretary could provide through other means.
</text>
</subsection>
<subsection id="H53BC943368EB4230BBD989798DC190D5">
<enum>
(c)
</enum>
<header>
Advanced career training programs
</header>
<paragraph id="HEF0A3B407CBC476C9E03665F2BEE65F3">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Secretary may arrange for programs of advanced career training for selected enrollees in which the enrollees may continue to participate for a period of not to exceed 1 year in addition to the period of participation to which the enrollees would otherwise be limited. The advanced career training may be provided through the eligible providers of training services identified under section 122.
</text>
</paragraph>
<paragraph id="H5B93F4C731C34C2693A79C0623924733">
<enum>
(2)
</enum>
<header>
Benefits
</header>
<text>
During the period of participation in an advanced career training program, an enrollee shall be eligible for full Job Corps benefits, or a monthly stipend equal to the average value of the residential support, food, allowances, and other benefits provided to enrollees assigned to residential Job Corps centers.
</text>
</paragraph>
<paragraph id="H0F5C244164FA4393A73D54C825EDDF53">
<enum>
(3)
</enum>
<header>
Demonstration
</header>
<text>
The Secretary shall develop standards by which any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that—
</text>
<subparagraph id="HB09BEBCFC5714FBCBF9573C4058031A7">
<enum>
(A)
</enum>
<text>
participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and
</text>
</subparagraph>
<subparagraph id="H270DB45011464B2CB718F1070790F9F8">
<enum>
(B)
</enum>
<text>
for the most recently preceding 2 program years, such operator has, on average, met or exceeded the expected levels of performance under section 159(c)(1) for each of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H70D69259EA854826BBEA24AF4D88AACA">
<enum>
(d)
</enum>
<header>
Graduate services
</header>
<text>
In order to promote the retention of graduates in employment or postsecondary education, the Secretary shall arrange for the provision of job placement and support services to graduates for up to 12 months after the date of graduation. Multiple resources, including one-stop partners, may support the provision of these services, including services from the State vocational rehabilitation agency, to supplement job placement and job development efforts for Job Corps graduates who are individuals with disabilities.
</text>
</subsection>
<subsection id="H65E3FF0C80994FF8A5413ADAC42FE012">
<enum>
(e)
</enum>
<header>
Child care
</header>
<text>
The Secretary shall, to the extent practicable, provide child care at or near Job Corps centers, for individuals who require child care for their children in order to participate in the Job Corps.
</text>
</subsection>
</section>
<section id="H992E765BDE6D4A2F9861678ABE277386">
<enum>
149.
</enum>
<header>
Counseling and job placement
</header>
<subsection id="H4E933F2414B340BBAC0A54F3AA6EFFD0">
<enum>
(a)
</enum>
<header>
Assessment and counseling
</header>
<text>
The Secretary shall arrange for assessment and counseling for each enrollee at regular intervals to measure progress in the academic and career and technical education and training programs carried out through the Job Corps.
</text>
</subsection>
<subsection id="H6267C4ABC804421399B4FF6507D2F3E9">
<enum>
(b)
</enum>
<header>
Placement
</header>
<text>
The Secretary shall arrange for assessment and counseling for enrollees prior to their scheduled graduations to determine their capabilities and, based on their capabilities, shall place the enrollees in employment leading to economic self-sufficiency for which the enrollees are trained or assist the enrollees in participating in further activities described in this subtitle. In arranging for the placement of graduates in jobs, the Secretary shall utilize the one-stop delivery system to the maximum extent practicable.
</text>
</subsection>
<subsection id="H1C3C4131F2D84AB288055340E1F37CC2">
<enum>
(c)
</enum>
<header>
Status and progress
</header>
<text>
The Secretary shall determine the status and progress of enrollees scheduled for graduation and make every effort to assure that their needs for further activities described in this subtitle are met.
</text>
</subsection>
<subsection id="H0A648CF5D01D4E73BBBB3F2904A94A8C">
<enum>
(d)
</enum>
<header>
Services to former enrollees
</header>
<text>
The Secretary may provide such services as the Secretary determines to be appropriate under this subtitle to former enrollees.
</text>
</subsection>
</section>
<section id="H8523C996E9CD45BDAD0710219648FDD9">
<enum>
150.
</enum>
<header>
Support
</header>
<subsection id="H18D11C5ACAD744E7AC6528164AA6352B">
<enum>
(a)
</enum>
<header>
Personal allowances
</header>
<text>
The Secretary may provide enrollees assigned to Job Corps centers with such personal allowances as the Secretary may determine to be necessary or appropriate to meet the needs of the enrollees.
</text>
</subsection>
<subsection id="HE5B16954A4ED49D592378B2E166BC210">
<enum>
(b)
</enum>
<header>
Transition allowances
</header>
<text>
The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of recognized postsecondary credentials.
</text>
</subsection>
<subsection id="H968412135B1148B48F2DA51A8F93B073">
<enum>
(c)
</enum>
<header>
Transition support
</header>
<text>
The Secretary may arrange for the provision of 3 months of employment services for former enrollees.
</text>
</subsection>
</section>
<section id="H1034BE9F92D0478E90264BEC4A6F8131">
<enum>
151.
</enum>
<header>
Operations
</header>
<subsection id="H693D48CA288A49EC8DF1DF9E6D9AD4A0">
<enum>
(a)
</enum>
<header>
Operating plan
</header>
<text>
The provisions of the contract between the Secretary and an entity selected to operate a Job Corps center shall, at a minimum, serve as an operating plan for the Job Corps center.
</text>
</subsection>
<subsection id="HC4907E1D789A42BB89ED7D8746AD6D0B">
<enum>
(b)
</enum>
<header>
Additional information
</header>
<text>
The Secretary may require the operator, in order to remain eligible to operate the Job Corps center, to submit such additional information as the Secretary may require, which shall be considered part of the operating plan.
</text>
</subsection>
<subsection id="HB536134425E14C83AC4395CA6B146B2F">
<enum>
(c)
</enum>
<header>
Availability
</header>
<text>
The Secretary shall make the operating plan described in subsections (a) and (b), excluding any proprietary information, available to the public.
</text>
</subsection>
</section>
<section id="H80D07C5D1D19439FB1A9C517D422FE03">
<enum>
152.
</enum>
<header>
Standards of conduct
</header>
<subsection id="HB8D94931A62C4AFAB6ECC78E9938B343">
<enum>
(a)
</enum>
<header>
Provision and enforcement
</header>
<text>
The Secretary shall provide, and directors of Job Corps centers shall stringently enforce, standards of conduct within the centers. Such standards of conduct shall include provisions forbidding the actions described in subsection (b)(2)(A).
</text>
</subsection>
<subsection id="HCB3A9B34C3884F1EA26BFDF6C57038BD">
<enum>
(b)
</enum>
<header>
Disciplinary measures
</header>
<paragraph id="HC91C9B23186A465ABA521707857C0418">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
To promote the proper behavioral standards in the Job Corps, the directors of Job Corps centers shall have the authority to take appropriate disciplinary measures against enrollees if such a director determines that an enrollee has committed a violation of the standards of conduct. The director shall dismiss the enrollee from the Job Corps if the director determines that the retention of the enrollee in the Job Corps will jeopardize the enforcement of such standards, threaten the safety of staff, students, or the local community, or diminish the opportunities of other enrollees.
</text>
</paragraph>
<paragraph id="H8CF00AF1B60347E39102EE6C0A029993">
<enum>
(2)
</enum>
<header>
Zero tolerance policy and drug testing
</header>
<subparagraph id="H79FCFAAD69EC42D094158F9B6F739128">
<enum>
(A)
</enum>
<header>
Guidelines
</header>
<text>
The Secretary shall adopt guidelines establishing a zero tolerance policy for an act of violence, for use, sale, or possession of a controlled substance, for abuse of alcohol, or for other illegal or disruptive activity.
</text>
</subparagraph>
<subparagraph id="HA2C422193EBC4AECBCCB047314FF8FBC">
<enum>
(B)
</enum>
<header>
Drug testing
</header>
<text>
The Secretary shall require drug testing of all enrollees for controlled substances in accordance with procedures prescribed by the Secretary under section 145(a).
</text>
</subparagraph>
<subparagraph id="HD59CECA798AA4814AEADFE7705379BF7">
<enum>
(C)
</enum>
<header>
Definitions
</header>
<text>
In this paragraph:
</text>
<clause id="H31748F6EF1174349AEA898C0F7C1AE96">
<enum>
(i)
</enum>
<header>
Controlled substance
</header>
<text>
The term
<term>
controlled substance
</term>
has the meaning given the term in section 102 of the Controlled Substances Act (
<external-xref legal-doc="usc" parsable-cite="usc/21/802">
21 U.S.C. 802
</external-xref>
).
</text>
</clause>
<clause id="H458175DEBF0B4931A7852156785DE205">
<enum>
(ii)
</enum>
<header>
Zero tolerance policy
</header>
<text>
The term
<term>
zero tolerance policy
</term>
means a policy under which an enrollee shall be automatically dismissed from the Job Corps after a determination by the director that the enrollee has carried out an action described in subparagraph (A).
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HA15BACFF68C34C73864CD7A09A6241D1">
<enum>
(c)
</enum>
<header>
Appeal
</header>
<text>
A disciplinary measure taken by a director under this section shall be subject to expeditious appeal in accordance with procedures established by the Secretary.
</text>
</subsection>
</section>
<section id="HC4DAE6572CB1482196D50242B686C360">
<enum>
153.
</enum>
<header>
Community participation
</header>
<subsection id="H49A5BFC7A0044BF1AA94BA114C1E3925">
<enum>
(a)
</enum>
<header>
Business and community participation
</header>
<text>
The director of each Job Corps center shall ensure the establishment and development of the mutually beneficial business and community relationships and networks described in subsection (b), including the use of local boards, in order to enhance the effectiveness of such centers.
</text>
</subsection>
<subsection id="H6C00CA063CEF499096B23157B28D744B">
<enum>
(b)
</enum>
<header>
Networks
</header>
<text>
The activities carried out by each Job Corps center under this section shall include—
</text>
<paragraph id="H3C64E499E2D341DAAA4124D06EE723D0">
<enum>
(1)
</enum>
<text>
establishing and developing relationships and networks with—
</text>
<subparagraph id="HDF847E90D56C409DB4B277CABFF5662A">
<enum>
(A)
</enum>
<text>
local and distant employers, to the extent practicable, in coordination with entities carrying out other Federal and non-Federal programs that conduct similar outreach to employers;
</text>
</subparagraph>
<subparagraph id="HDFEC0500D98F434AAAEF07ABC1DF5FF2">
<enum>
(B)
</enum>
<text>
applicable one-stop centers and applicable local boards, for the purpose of providing—
</text>
<clause id="H1F8F08BE2EFE48EEB00CE827D8EAA5C3">
<enum>
(i)
</enum>
<text>
information to, and referral of, potential enrollees; and
</text>
</clause>
<clause id="H23E62789CA884A9E9484A661D5CCFE92">
<enum>
(ii)
</enum>
<text>
job opportunities for Job Corps graduates; and
</text>
</clause>
</subparagraph>
<subparagraph id="H96111EA2A5B34B46AEB69C467E598294">
<enum>
(C)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H0B6C477DFDD34F05AF83B87897F85C2A">
<enum>
(i)
</enum>
<text>
entities carrying out relevant apprenticeship programs and youth programs;
</text>
</clause>
<clause id="HACB43E313DD74031941CDFD388DB44F3" indent="up1">
<enum>
(ii)
</enum>
<text>
labor-management organizations and local labor organizations;
</text>
</clause>
<clause id="H379B9DAD9C4E49C49EF4F05753E4E751" indent="up1">
<enum>
(iii)
</enum>
<text>
employers and contractors that support national training contractor programs; and
</text>
</clause>
<clause id="HABCFA53F3D78416D8300960E6C1E1234" indent="up1">
<enum>
(iv)
</enum>
<text>
community-based organizations, non-profit organizations, and intermediaries providing workforce development-related services; and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H82040077D7AC49F0BA9781D4D221CFB1">
<enum>
(2)
</enum>
<text>
establishing and developing relationships with members of the community in which the Job Corps center is located, informing members of the community about the projects of the Job Corps center and changes in the rules, procedures, or activities of the center that may affect the community, and planning events of mutual interest to the community and the Job Corps center.
</text>
</paragraph>
</subsection>
<subsection id="H13A9288A977A4487BF1925D06DAE8F6F">
<enum>
(c)
</enum>
<header>
New centers
</header>
<text>
The director of a Job Corps center that is not yet operating shall ensure the establishment and development of the relationships and networks described in subsection (b) at least 3 months prior to the date on which the center accepts the first enrollee at the center.
</text>
</subsection>
</section>
<section id="HE29F77F72CFB4137B0CBB6C93688DB4D">
<enum>
154.
</enum>
<header>
Workforce councils
</header>
<subsection id="HB9BA84F7E99E4763A11C6AC63A5B3E58">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Each Job Corps center shall have a workforce council, appointed by the director of the center, in accordance with procedures established by the Secretary.
</text>
</subsection>
<subsection id="H46C09E23843B48B59B250C0923BE44B6">
<enum>
(b)
</enum>
<header>
Workforce council composition
</header>
<paragraph id="HFEAC754E93B243C0BD3F04D9E9A0ACE1">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
A workforce council shall be comprised of—
</text>
<subparagraph id="H823EC194D4284BEF962B32C91389439E">
<enum>
(A)
</enum>
<text>
a majority of members who shall be owners of business concerns, chief executives or chief operating officers of nongovernmental employers, or other private sector employers, who—
</text>
<clause id="H9CA20AC5CDE64AD78765133B540B3742">
<enum>
(i)
</enum>
<text>
have substantial management, hiring, or policy responsibility; and
</text>
</clause>
<clause id="HCD9C61B02DC241C2AA0A14F8B1142737">
<enum>
(ii)
</enum>
<text>
represent businesses with employment opportunities that reflect the employment opportunities of the applicable local areas in which enrollees will be seeking employment;
</text>
</clause>
</subparagraph>
<subparagraph id="HC9626715BC154CD18538CF2D4A2FD75E">
<enum>
(B)
</enum>
<text>
representatives of labor organizations (where present) and representatives of employees; and
</text>
</subparagraph>
<subparagraph id="H002107A6BB254558904E3BFB096FB9A9">
<enum>
(C)
</enum>
<text>
enrollees and graduates of the Job Corps.
</text>
</subparagraph>
</paragraph>
<paragraph id="H307E354D8A734E16888A08E57515927F">
<enum>
(2)
</enum>
<header>
Local board
</header>
<text>
The workforce council may include members of the applicable local boards who meet the requirements described in paragraph (1).
</text>
</paragraph>
<paragraph id="H15A573545686422CB797F1FD50CA4503">
<enum>
(3)
</enum>
<header>
Employers outside of local area
</header>
<text>
The workforce council for a Job Corps center may include, or otherwise provide for consultation with, employers from outside the local area who are likely to hire a significant number of enrollees from the Job Corps center.
</text>
</paragraph>
<paragraph id="HC20AB445A0E248F48B253FA291F1C310">
<enum>
(4)
</enum>
<header>
Special rule for single State local areas
</header>
<text>
In the case of a single State local area designated under section 106(d), the workforce council shall include a representative of the State Board.
</text>
</paragraph>
</subsection>
<subsection id="HF231BD24B7D749A0AE8BD41C259B7789">
<enum>
(c)
</enum>
<header>
Responsibilities
</header>
<text>
The responsibilities of the workforce council shall be—
</text>
<paragraph id="HB92B9C85830A4B58B3A2B706973D57B3">
<enum>
(1)
</enum>
<text>
to work closely with all applicable local boards in order to determine, and recommend to the Secretary, appropriate career and technical education and training for the center;
</text>
</paragraph>
<paragraph id="H487264B147A046A1B3E430F844581BBE">
<enum>
(2)
</enum>
<text>
to review all the relevant labor market information, including related information in the State plan or the local plan, to—
</text>
<subparagraph id="H056B7F4505774B89A8C5EF3A6F7CA3AC">
<enum>
(A)
</enum>
<text>
recommend the in-demand industry sectors or occupations in the area in which the Job Corps center operates;
</text>
</subparagraph>
<subparagraph id="HA6CE6E24909343639914EE6A500F11D5">
<enum>
(B)
</enum>
<text>
determine the employment opportunities in the local areas in which the enrollees intend to seek employment after graduation;
</text>
</subparagraph>
<subparagraph id="H7C6C1BF5AF0B4FB3A54C5BCCFB79373B">
<enum>
(C)
</enum>
<text>
determine the skills and education that are necessary to obtain the employment opportunities; and
</text>
</subparagraph>
<subparagraph id="H4D960F0C39D24A6D937AC0A0645D49B1">
<enum>
(D)
</enum>
<text>
recommend to the Secretary the type of career and technical education and training that should be implemented at the center to enable the enrollees to obtain the employment opportunities; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H37D9FA3F8F044EE7B5488AB2D9238BC9">
<enum>
(3)
</enum>
<text>
to meet at least once every 6 months to reevaluate the labor market information, and other relevant information, to determine, and recommend to the Secretary, any necessary changes in the career and technical education and training provided at the center.
</text>
</paragraph>
</subsection>
<subsection id="HEC7E97F0C6BB472996A40629F2371959">
<enum>
(d)
</enum>
<header>
New centers
</header>
<text>
The workforce council for a Job Corps center that is not yet operating shall carry out the responsibilities described in subsection (c) at least 3 months prior to the date on which the center accepts the first enrollee at the center.
</text>
</subsection>
</section>
<section id="H70FB60CC9FFB46C8B61D789C7109C0C3">
<enum>
155.
</enum>
<header>
Advisory committees
</header>
<text display-inline="no-display-inline">
The Secretary may establish and use advisory committees in connection with the operation of the Job Corps program, and the operation of Job Corps centers, whenever the Secretary determines that the availability of outside advice and counsel on a regular basis would be of substantial benefit in identifying and overcoming problems, in planning program or center development, or in strengthening relationships between the Job Corps and agencies, institutions, or groups engaged in related activities.
</text>
</section>
<section id="H3E2BE2F893364CC2B3B028A5296C6B4A">
<enum>
156.
</enum>
<header>
Experimental projects and technical assistance
</header>
<subsection id="H1555D8FC92524D6386761E0BA6F38BA7">
<enum>
(a)
</enum>
<header>
Projects
</header>
<text display-inline="yes-display-inline">
The Secretary may carry out experimental, research, or demonstration projects relating to carrying out the Job Corps program. The Secretary may waive any provisions of this subtitle that the Secretary finds would prevent the Secretary from carrying out the projects if the Secretary informs the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, in writing, not less than 90 days in advance of issuing such waiver.
</text>
</subsection>
<subsection id="H83E58BC3C2AE462A90DCDED55E73795D">
<enum>
(b)
</enum>
<header>
Technical assistance
</header>
<text>
From the funds provided under section 162 (for the purposes of administration), the Secretary may reserve
<fraction>
1/4
</fraction>
of 1 percent to provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance for the Job Corps program for the purpose of improving program quality. Such assistance shall include—
</text>
<paragraph id="HC94D2D7E909B4EC889526CC4B16543D7">
<enum>
(1)
</enum>
<text>
assisting Job Corps centers and programs—
</text>
<subparagraph id="HE313BA1096934A9196F63B44E4FC93E4">
<enum>
(A)
</enum>
<text>
in correcting deficiencies under, and violations of, this subtitle;
</text>
</subparagraph>
<subparagraph id="H1B9D8B2E03C245B0BBD40C74A9281A13">
<enum>
(B)
</enum>
<text>
in meeting or exceeding the expected levels of performance under section 159(c)(1) for the indicators of performance described in section 116(b)(2)(A);
</text>
</subparagraph>
<subparagraph id="H4783E5C994DB491E964B295626D63F39">
<enum>
(C)
</enum>
<text>
in the development of sound management practices, including financial management procedures; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H41BC7DD85CAF42EA9C05E068BD35A80B">
<enum>
(2)
</enum>
<text>
assisting entities, including entities not currently operating a Job Corps center, in developing the additional selection factors information described in section 147(a)(3).
</text>
</paragraph>
</subsection>
</section>
<section id="HF574918B5CE2456798620F2D29120673">
<enum>
157.
</enum>
<header>
Application of provisions of Federal law
</header>
<subsection id="H15B72E36616E4E65B1FC90CC6890A440">
<enum>
(a)
</enum>
<header>
Enrollees not considered To be Federal employees
</header>
<paragraph id="H3F7C7ED5AE184AB4A7654BCB26C9C3B4">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Except as otherwise provided in this subsection and in
<external-xref legal-doc="usc" parsable-cite="usc/5/8143">
section 8143(a)
</external-xref>
of title 5, United States Code, enrollees shall not be considered to be Federal employees and shall not be subject to the provisions of law relating to Federal employment, including such provisions regarding hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits.
</text>
</paragraph>
<paragraph id="H11900AECAB754F0B926C70F525D624B1">
<enum>
(2)
</enum>
<header>
Provisions relating to taxes and Social Security benefits
</header>
<text>
For purposes of the Internal Revenue Code of 1986 and title II of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/401">
42 U.S.C. 401 et seq.
</external-xref>
), enrollees shall be deemed to be employees of the United States and any service performed by an individual as an enrollee shall be deemed to be performed in the employ of the United States.
</text>
</paragraph>
<paragraph id="H3B481B5D1C5B4676A9B5310171D9DF39">
<enum>
(3)
</enum>
<header>
Provisions relating to compensation to Federal employees for work injuries
</header>
<text>
For purposes of subchapter I of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/81">
chapter 81
</external-xref>
of title 5, United States Code (relating to compensation to Federal employees for work injuries), enrollees shall be deemed to be civil employees of the Government of the United States within the meaning of the term
<quote>
employee
</quote>
as defined in
<external-xref legal-doc="usc" parsable-cite="usc/5/8101">
section 8101
</external-xref>
of title 5, United States Code, and the provisions of such subchapter shall apply as specified in
<external-xref legal-doc="usc" parsable-cite="usc/5/8143">
section 8143(a)
</external-xref>
of title 5, United States Code.
</text>
</paragraph>
<paragraph id="H57CB34E87EAE43169631FB897AB52E93">
<enum>
(4)
</enum>
<header>
Federal tort claims provisions
</header>
<text>
For purposes of the Federal tort claims provisions in title 28, United States Code, enrollees shall be considered to be employees of the Government.
</text>
</paragraph>
</subsection>
<subsection id="HDFB4779CB9E5408B9F20551FE4827481">
<enum>
(b)
</enum>
<header>
Adjustments and settlements
</header>
<text>
Whenever the Secretary finds a claim for damages to a person or property resulting from the operation of the Job Corps to be a proper charge against the United States, and the claim is not cognizable under
<external-xref legal-doc="usc" parsable-cite="usc/28/2672">
section 2672
</external-xref>
of title 28, United States Code, the Secretary may adjust and settle the claim in an amount not exceeding $1,500.
</text>
</subsection>
<subsection id="H1CE5D7006CCB4FAFA4CD780815E1A0F5">
<enum>
(c)
</enum>
<header>
Personnel of the uniformed services
</header>
<text>
Personnel of the uniformed services who are detailed or assigned to duty in the performance of agreements made by the Secretary for the support of the Job Corps shall not be counted in computing strength under any law limiting the strength of such services or in computing the percentage authorized by law for any grade in such services.
</text>
</subsection>
</section>
<section id="H0BE0D19552FF4DDEBEA79A13A1617214">
<enum>
158.
</enum>
<header>
Special provisions
</header>
<subsection id="H04FEAE1494C544B9ADE814BEC5BDBC60">
<enum>
(a)
</enum>
<header>
Enrollment
</header>
<text>
The Secretary shall ensure that women and men have an equal opportunity to participate in the Job Corps program, consistent with section 145.
</text>
</subsection>
<subsection id="H4A664711D7314C0FA7F76C16FDFEAEA5">
<enum>
(b)
</enum>
<header>
Studies, evaluations, proposals, and data
</header>
<text>
The Secretary shall assure that all studies, evaluations, proposals, and data produced or developed with Federal funds in the course of carrying out the Job Corps program shall become the property of the United States.
</text>
</subsection>
<subsection id="H21A0BA371B914609A7C147013CE6E4F6">
<enum>
(c)
</enum>
<header>
Transfer of property
</header>
<paragraph id="H89D55CF0E0CF4C3D89F7041DBA5706C1">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Notwithstanding
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/40/5">
chapter 5
</external-xref>
of title 40, United States Code, and any other provision of law, the Secretary and the Secretary of Education shall receive priority by the Secretary of Defense for the direct transfer, on a nonreimbursable basis, of the property described in paragraph (2) for use in carrying out programs under this Act or under any other Act.
</text>
</paragraph>
<paragraph id="H32F275A5A3A44549BE6A1F9A9EF51448">
<enum>
(2)
</enum>
<header>
Property
</header>
<text>
The property described in this paragraph is real and personal property under the control of the Department of Defense that is not used by such Department, including property that the Secretary of Defense determines is in excess of current and projected requirements of such Department.
</text>
</paragraph>
</subsection>
<subsection id="H25D3A1708A6246F5B972DD969FEDB402">
<enum>
(d)
</enum>
<header>
Gross receipts
</header>
<text>
Transactions conducted by a private for-profit or nonprofit entity that is an operator or service provider for a Job Corps center shall not be considered to be generating gross receipts. Such an operator or service provider shall not be liable, directly or indirectly, to any State or subdivision of a State (nor to any person acting on behalf of such a State or subdivision) for any gross receipts taxes, business privilege taxes measured by gross receipts, or any similar taxes imposed on, or measured by, gross receipts in connection with any payments made to or by such entity for operating or providing services to a Job Corps center. Such an operator or service provider shall not be liable to any State or subdivision of a State to collect or pay any sales, excise, use, or similar tax imposed on the sale to or use by such operator or service provider of any property, service, or other item in connection with the operation of or provision of services to a Job Corps center.
</text>
</subsection>
<subsection id="H332147E2AEF344E98857E063F82F0177">
<enum>
(e)
</enum>
<header>
Management fee
</header>
<text>
The Secretary shall provide each operator and (in an appropriate case, as determined by the Secretary) service provider with an equitable and negotiated management fee of not less than 1 percent of the amount of the funding provided under the appropriate agreement specified in section 147.
</text>
</subsection>
<subsection id="H275C5D250F004F3BB599DF4ED71C9186">
<enum>
(f)
</enum>
<header>
Donations
</header>
<text>
The Secretary may accept on behalf of the Job Corps or individual Job Corps centers charitable donations of cash or other assistance, including equipment and materials, if such donations are available for appropriate use for the purposes set forth in this subtitle.
</text>
</subsection>
<subsection id="HB33596CC8CF141F0B2B7E92BC6E3B371">
<enum>
(g)
</enum>
<header>
Sale of property
</header>
<text>
Notwithstanding any other provision of law, if the Administrator of General Services sells a Job Corps center facility, the Administrator shall transfer the proceeds from the sale to the Secretary, who shall use the proceeds to carry out the Job Corps program.
</text>
</subsection>
</section>
<section id="HA34E2ACDF2234389A8B3C1C7DB442D6A">
<enum>
159.
</enum>
<header>
Management information
</header>
<subsection id="HEE08EDA774B0444181DD17BE0C22D3E2">
<enum>
(a)
</enum>
<header>
Financial management information system
</header>
<paragraph id="H4B63A54EDB22423289FA60E8D4F0BBF1">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Secretary shall establish procedures to ensure that each operator, and each service provider, maintains a financial management information system that will provide—
</text>
<subparagraph id="H1D37E22DD37747738A6AFEB67E9D2557">
<enum>
(A)
</enum>
<text>
accurate, complete, and current disclosures of the costs of Job Corps operations; and
</text>
</subparagraph>
<subparagraph id="H3CB47F93D76F44FDBC03DF1CB432C6F5">
<enum>
(B)
</enum>
<text>
sufficient data for the effective evaluation of activities carried out through the Job Corps program.
</text>
</subparagraph>
</paragraph>
<paragraph id="H7837015534C049369E9483DDF63BAD60">
<enum>
(2)
</enum>
<header>
Accounts
</header>
<text>
Each operator and service provider shall maintain funds received under this subtitle in accounts in a manner that ensures timely and accurate reporting as required by the Secretary.
</text>
</paragraph>
<paragraph id="H91B90BA2384C41588567FBBA45F54B89">
<enum>
(3)
</enum>
<header>
Fiscal responsibility
</header>
<text>
Operators shall remain fiscally responsible and control costs, regardless of whether the funds made available for Job Corps centers are incrementally increased or decreased between fiscal years.
</text>
</paragraph>
</subsection>
<subsection id="H81EB6934D0E14A558FB7C3F8F4FAB648">
<enum>
(b)
</enum>
<header>
Audit
</header>
<paragraph id="H9B405A41A9F34D358DFB344B443FF94F">
<enum>
(1)
</enum>
<header>
Access
</header>
<text>
The Secretary, the Inspector General of the Department of Labor, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the operators and service providers described in subsection (a) that are pertinent to the Job Corps program, for purposes of conducting surveys, audits, and evaluations of the operators and service providers.
</text>
</paragraph>
<paragraph id="H507330DB8E664DD89EC87DBC7B95F610">
<enum>
(2)
</enum>
<header>
Surveys, audits, and evaluations
</header>
<text>
The Secretary shall survey, audit, or evaluate, or arrange for the survey, audit, or evaluation of, the operators and service providers, using Federal auditors or independent public accountants. The Secretary shall conduct such surveys, audits, or evaluations not less often than once every 3 years.
</text>
</paragraph>
</subsection>
<subsection id="HB9DD737C676446D1A118519756C389CA">
<enum>
(c)
</enum>
<header>
Information on indicators of performance
</header>
<paragraph id="HCBA3E4BB4A5D4F7E9DE57F3289C53A17">
<enum>
(1)
</enum>
<header>
Levels of performance and indicators
</header>
<text>
The Secretary shall annually establish expected levels of performance for a Job Corps center and the Job Corps program relating to each of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii).
</text>
</paragraph>
<paragraph id="H0D2F053817154975BF8E3E2CAA4E61BB">
<enum>
(2)
</enum>
<header>
Performance of recruiters
</header>
<text>
The Secretary shall also establish performance indicators, and expected levels of performance on the performance indicators, for recruitment service providers serving the Job Corps program. The performance indicators shall relate to—
</text>
<subparagraph id="H80399DF8B5B64E5ABC718EC568B46FB4">
<enum>
(A)
</enum>
<text>
the number of enrollees recruited, compared to the established goals for such recruitment, and the number of enrollees who remain committed to the program for 90 days after enrollment; and
</text>
</subparagraph>
<subparagraph commented="no" id="H0515566927584015A3A88DCF517403C3">
<enum>
(B)
</enum>
<text>
the measurements described in subparagraphs (I), (L), and (M) of subsection (d)(1).
</text>
</subparagraph>
</paragraph>
<paragraph id="HCA1222247A6244CBA5CB0C2D65D0366B">
<enum>
(3)
</enum>
<header>
Performance of career transition service providers
</header>
<text>
The Secretary shall also establish performance indicators, and expected performance levels on the performance indicators, for career transition service providers serving the Job Corps program. The performance indicators shall relate to—
</text>
<subparagraph id="HEC697DCFB07C42F5AE9A7AEDD93275DF">
<enum>
(A)
</enum>
<text>
the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii); and
</text>
</subparagraph>
<subparagraph id="H13C5F109E1544861A6D5489AD3EC4B50">
<enum>
(B)
</enum>
<text>
the measurements described in subparagraphs (D), (E), (H), (J), and (K) of subsection (d)(1).
</text>
</subparagraph>
</paragraph>
<paragraph id="H73A63F6E3D33413B84B56BB800504BCF">
<enum>
(4)
</enum>
<header>
Report
</header>
<text>
The Secretary shall collect, and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report including—
</text>
<subparagraph id="H22DB16AFE3CC4493A4C35D5D7FD2C964">
<enum>
(A)
</enum>
<text>
information on the performance of each Job Corps center, and the Job Corps program, based on the performance indicators described in paragraph (1), as compared to the expected level of performance established under such paragraph for each performance indicator; and
</text>
</subparagraph>
<subparagraph id="HC29DF9B6112B4B648F357B4188D2136F">
<enum>
(B)
</enum>
<text>
information on the performance of the service providers described in paragraphs (2) and (3) on the performance indicators established under such paragraphs, as compared to the expected level of performance established for each performance indicator.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H9C25426A79AF43DEAF493F855538A0DC">
<enum>
(d)
</enum>
<header>
Additional information
</header>
<paragraph id="H98564C3ED36A40E78B3EFC4556E71D66">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Secretary shall also collect, and submit in the report described in subsection (c)(4), information on the performance of each Job Corps center, and the Job Corps program, regarding—
</text>
<subparagraph id="H04B63C3963CD4AB2BF9C20C9A78D2D18">
<enum>
(A)
</enum>
<text>
the number of enrollees served;
</text>
</subparagraph>
<subparagraph id="H2A845F173F4944A8A3FA0148B75F134C">
<enum>
(B)
</enum>
<text>
demographic information on the enrollees served, including age, race, gender, and education and income level;
</text>
</subparagraph>
<subparagraph id="HD26FDD769A314E1E934C5A9BD675F6AE">
<enum>
(C)
</enum>
<text>
the number of graduates of a Job Corps center;
</text>
</subparagraph>
<subparagraph id="H43CE3733BF914DC182F2EBC936240029">
<enum>
(D)
</enum>
<text>
the number of graduates who entered the Armed Forces;
</text>
</subparagraph>
<subparagraph id="H16EA586AE9B94D9BA62A18F9B4C6FC81">
<enum>
(E)
</enum>
<text>
the number of graduates who entered apprenticeship programs;
</text>
</subparagraph>
<subparagraph id="HF7A20B66C3534A9EA739855F794E1A9B">
<enum>
(F)
</enum>
<text>
the number of graduates who received a regular secondary school diploma;
</text>
</subparagraph>
<subparagraph id="H2CC95392DA0A4223866C010E2978DD43">
<enum>
(G)
</enum>
<text>
the number of graduates who received a State recognized equivalent of a secondary school diploma;
</text>
</subparagraph>
<subparagraph id="H716495DABED34BA6855666EE10EFF9D5">
<enum>
(H)
</enum>
<text>
the number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps program and the number who entered unsubsidized employment not related to the education and training received;
</text>
</subparagraph>
<subparagraph id="HF36EC2F79EC84C619D1FDE5DFF866D84">
<enum>
(I)
</enum>
<text>
the percentage and number of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b);
</text>
</subparagraph>
<subparagraph id="HAE86554521E74B829033178EEB61E23E">
<enum>
(J)
</enum>
<text>
the percentage and number of graduates who enter postsecondary education;
</text>
</subparagraph>
<subparagraph id="HD197D8C2B6E54505A39FE9F0FAF5913A">
<enum>
(K)
</enum>
<text>
the average wage of graduates who enter unsubsidized employment—
</text>
<clause id="H4180AC09AC7F45D8A368C92FC704D42A">
<enum>
(i)
</enum>
<text>
on the first day of such employment; and
</text>
</clause>
<clause id="HB0547005CE24427D80D919A2FFFE1B46">
<enum>
(ii)
</enum>
<text>
on the day that is 6 months after such first day;
</text>
</clause>
</subparagraph>
<subparagraph id="HB2C4785C38DF439F8AA0644E67C87C09">
<enum>
(L)
</enum>
<text>
the percentages of enrollees described in subparagraphs (A) and (B) of section 145(c)(1), as compared to the percentage targets established by the Secretary under such section for the center;
</text>
</subparagraph>
<subparagraph id="H7AEB7A84B9014CB1B6EC53FCDD91DE3D">
<enum>
(M)
</enum>
<text>
the cost per enrollee, which is calculated by comparing the number of enrollees at the center in a program year to the total budget for such center in the same program year;
</text>
</subparagraph>
<subparagraph id="HADB466E177CB4A8FBEE615CC35E2F72B">
<enum>
(N)
</enum>
<text>
the cost per graduate, which is calculated by comparing the number of graduates of the center in a program year compared to the total budget for such center in the same program year; and
</text>
</subparagraph>
<subparagraph id="HE6FF82C3C7C44C6CAD876038590A4BE8">
<enum>
(O)
</enum>
<text>
any additional information required by the Secretary.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2FEC62C4ED054087B0929D59CEB7B9F6">
<enum>
(2)
</enum>
<header>
Rules for reporting of data
</header>
<text>
The disaggregation of data under this subsection shall not be required when the number of individuals in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual.
</text>
</paragraph>
</subsection>
<subsection id="HB2A7D55D26534D1F8FD6E5408C5E4964">
<enum>
(e)
</enum>
<header>
Methods
</header>
<text>
The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 116(i)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates.
</text>
</subsection>
<subsection id="H888D5044AF8E4368A6E83E81B7B36393">
<enum>
(f)
</enum>
<header>
Performance assessments and improvements
</header>
<paragraph id="H8DE3FFB47FCD4E3AA61055F4171AE38A">
<enum>
(1)
</enum>
<header>
Assessments
</header>
<text>
The Secretary shall conduct an annual assessment of the performance of each Job Corps center. Based on the assessment, the Secretary shall take measures to continuously improve the performance of the Job Corps program.
</text>
</paragraph>
<paragraph id="H832DAA4FE5CA47D783C20B4B32E8B2A7">
<enum>
(2)
</enum>
<header>
Performance improvement
</header>
<text>
With respect to a Job Corps center that fails to meet the expected levels of performance relating to the primary indicators of performance specified in subsection (c)(1), the Secretary shall develop and implement a performance improvement plan. Such a plan shall require action to be taken during a 1-year period, including—
</text>
<subparagraph id="H7539770034604D4AA6014DCF9992B865">
<enum>
(A)
</enum>
<text>
providing technical assistance to the center;
</text>
</subparagraph>
<subparagraph id="H8EB2965433FE4B48B60064DBB6A55028">
<enum>
(B)
</enum>
<text>
changing the career and technical education and training offered at the center;
</text>
</subparagraph>
<subparagraph id="H0DE455990A604D269DAE2068D05A6484">
<enum>
(C)
</enum>
<text>
changing the management staff of the center;
</text>
</subparagraph>
<subparagraph id="HD5888B950C744CC59C4B8E037B072A44">
<enum>
(D)
</enum>
<text>
replacing the operator of the center;
</text>
</subparagraph>
<subparagraph id="HCDAEE6B5418344F6852A0046EB9250BB">
<enum>
(E)
</enum>
<text>
reducing the capacity of the center;
</text>
</subparagraph>
<subparagraph id="HFF5009FF063349FFBB770A20803797E5">
<enum>
(F)
</enum>
<text>
relocating the center; or
</text>
</subparagraph>
<subparagraph id="H7103A7E5F97D4B37BB3C7A49D0AB0CD7">
<enum>
(G)
</enum>
<text>
closing the center.
</text>
</subparagraph>
</paragraph>
<paragraph id="H410D17033ED24141907D7A2817A2B79F">
<enum>
(3)
</enum>
<header>
Additional performance improvement
</header>
<text>
In addition to the performance improvement plans required under paragraph (2), the Secretary may develop and implement additional performance improvement plans. Such a plan shall require improvements, including the actions described in such paragraph, for a Job Corps center that fails to meet criteria established by the Secretary other than the expected levels of performance described in such paragraph.
</text>
</paragraph>
<paragraph id="H8F28B78FBA4F4C728509ECEBB188B5B4">
<enum>
(4)
</enum>
<header>
Civilian conservation centers
</header>
<text>
With respect to a Civilian Conservation Center that fails to meet the expected levels of performance relating to the primary indicators of performance specified in subsection (c)(1) or fails to improve performance as described in paragraph (2) after 3 program years, the Secretary, in consultation with the Secretary of Agriculture, shall select an entity to operate the Civilian Conservation Center on a competitive basis, in accordance with the requirements of section 147.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="HF9C49724968448F780FC62FDCF716338">
<enum>
(g)
</enum>
<header>
Participant health and safety
</header>
<paragraph commented="no" id="H376282BA1541451EAE974D148EEC40EF">
<enum>
(1)
</enum>
<header>
Center
</header>
<text>
The Secretary shall ensure that a review by an appropriate Federal, State, or local entity of the physical condition and health-related activities of each Job Corps center occurs annually.
</text>
</paragraph>
<paragraph commented="no" id="H8D0362245AFD4E2080193EA1C486CC6D">
<enum>
(2)
</enum>
<header>
Work-based learning locations
</header>
<text>
The Secretary shall require that an entity that has entered into a contract to provide work-based learning activities for any Job Corps enrollee under this subtitle shall comply with the Occupational Safety and Health Act of 1970 (
<external-xref legal-doc="usc" parsable-cite="usc/29/651">
29 U.S.C. 651 et seq.
</external-xref>
) or, as appropriate, under the corresponding State Occupational Safety and Health Act of 1970 requirements in the State in which such activities occur.
</text>
</paragraph>
</subsection>
<subsection id="H093ED31402294DAFA6EC60D333991B21">
<enum>
(h)
</enum>
<header>
Buildings and facilities
</header>
<text>
The Secretary shall collect, and submit in the report described in subsection (c)(4), information regarding the state of Job Corps buildings and facilities. Such report shall include—
</text>
<paragraph id="H01975580D9854DECAE2D105D6DB471A5">
<enum>
(1)
</enum>
<text>
a review of requested construction, rehabilitation, and acquisition projects, by each Job Corps center; and
</text>
</paragraph>
<paragraph id="H727846F9192E4D498FB6DF33A9258710">
<enum>
(2)
</enum>
<text>
a review of new facilities under construction.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="HECE7636D19DA4847882C04DD9A2F33B3">
<enum>
(i)
</enum>
<header>
National and community service
</header>
<text>
The Secretary shall include in the report described in subsection (c)(4) available information regarding the national and community service activities of enrollees, particularly those enrollees at Civilian Conservation Centers.
</text>
</subsection>
<subsection id="HC2FE60B2D42C4D79ADCAF748489B56F9">
<enum>
(j)
</enum>
<header>
Closure of job corps center
</header>
<text>
Prior to the closure of any Job Corps center, the Secretary shall ensure—
</text>
<paragraph id="H43C8883983C446B7A0EEA1494F080740">
<enum>
(1)
</enum>
<text>
that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register or other appropriate means;
</text>
</paragraph>
<paragraph id="H3ACD8E4752E646928B0C0C9EE3A388A1">
<enum>
(2)
</enum>
<text>
the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary; and
</text>
</paragraph>
<paragraph id="H0AA8E6D679C44417A7E1F643CE47958B">
<enum>
(3)
</enum>
<text>
that the Member of Congress who represents the district in which such center is located is notified within a reasonable period of time in advance of any final decision to close the center.
</text>
</paragraph>
</subsection>
</section>
<section id="HCF0E1539C59746A997AC67D52789BA4B">
<enum>
160.
</enum>
<header>
General provisions
</header>
<text display-inline="no-display-inline">
The Secretary is authorized to—
</text>
<paragraph id="H15B9B0E1C26C45348803828E5CF8EA3F">
<enum>
(1)
</enum>
<text>
disseminate, with regard to the provisions of
<external-xref legal-doc="usc" parsable-cite="usc/39/3204">
section 3204
</external-xref>
of title 39, United States Code, data and information in such forms as the Secretary shall determine to be appropriate, to public agencies, private organizations, and the general public;
</text>
</paragraph>
<paragraph id="H8B9C3A66446E4F1D960009898166BBDA">
<enum>
(2)
</enum>
<text>
subject to section 157(b), collect or compromise all obligations to or held by the Secretary and exercise all legal or equitable rights accruing to the Secretary in connection with the payment of obligations until such time as such obligations may be referred to the Attorney General for suit or collection; and
</text>
</paragraph>
<paragraph id="HA74F2767CCA7403CA9987B8819D11C94">
<enum>
(3)
</enum>
<text>
expend funds made available for purposes of this subtitle—
</text>
<subparagraph id="H301D735EBF06493BBACC5C3BA3281111">
<enum>
(A)
</enum>
<text>
for printing and binding, in accordance with applicable law (including regulation); and
</text>
</subparagraph>
<subparagraph id="HF942FE24D642447ABB9F931BB5156C27">
<enum>
(B)
</enum>
<text>
without regard to any other law (including regulation), for rent of buildings and space in buildings and for repair, alteration, and improvement of buildings and space in buildings rented by the Secretary, except that the Secretary shall not expend funds under the authority of this subparagraph—
</text>
<clause id="H14C8961ABAB844B1BCFF7545E5A53F77">
<enum>
(i)
</enum>
<text>
except when necessary to obtain an item, service, or facility, that is required in the proper administration of this subtitle, and that otherwise could not be obtained, or could not be obtained in the quantity or quality needed, or at the time, in the form, or under the conditions in which the item, service, or facility is needed; and
</text>
</clause>
<clause id="HAA0C2DD2FCA146EAB0A9B1EE7F479455">
<enum>
(ii)
</enum>
<text>
prior to having given written notification to the Administrator of General Services (if the expenditure would affect an activity that otherwise would be under the jurisdiction of the General Services Administration) of the intention of the Secretary to make the expenditure, and the reasons and justifications for the expenditure.
</text>
</clause>
</subparagraph>
</paragraph>
</section>
<section id="H8C7CE273823D4983A9EE0E313566701B">
<enum>
161.
</enum>
<header>
Job Corps oversight and reporting
</header>
<subsection id="H6B4A3B3D4B5C499E94DB648ED2371DB4">
<enum>
(a)
</enum>
<header>
Temporary financial reporting
</header>
<paragraph id="H5513A247C3D7454CA4FA767D3BCA022E">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
During the periods described in paragraphs (2) and (3)(B), the Secretary shall prepare and submit to the applicable committees financial reports regarding the Job Corps program under this subtitle. Each such financial report shall include—
</text>
<subparagraph id="H4436B0F9897148A5ACD85F874EA6BBF7">
<enum>
(A)
</enum>
<text>
information regarding the implementation of the financial oversight measures suggested in the May 31, 2013, report of the Office of Inspector General of the Department of Labor entitled
<quote>
The U.S. Department of Labor's Employment and Training Administration Needs to Strengthen Controls over Job Corps Funds
</quote>
;
</text>
</subparagraph>
<subparagraph id="H91926F9D371F4FF18E1EBB6D3588F219">
<enum>
(B)
</enum>
<text>
a description of any budgetary shortfalls for the program for the period covered by the financial report, and the reasons for such shortfalls; and
</text>
</subparagraph>
<subparagraph id="H29093FBA89D7465C9F37B41442CF3CE8">
<enum>
(C)
</enum>
<text>
a description and explanation for any approval for contract expenditures that are in excess of the amounts provided for under the contract.
</text>
</subparagraph>
</paragraph>
<paragraph id="H81DDD5E3836F4BE3A934075A2C7CF36D">
<enum>
(2)
</enum>
<header>
Timing of reports
</header>
<text>
The Secretary shall submit a financial report under paragraph (1) once every 6 months beginning on the date of enactment of this Act, for a 3-year period. After the completion of such 3-year period, the Secretary shall submit a financial report under such paragraph once a year for the next 2 years, unless additional reports are required under paragraph (3)(B).
</text>
</paragraph>
<paragraph id="HC65053FA805044EA9749F41747C85230">
<enum>
(3)
</enum>
<header>
Reporting requirements in cases of budgetary shortfalls
</header>
<text>
If any financial report required under this subsection finds that the Job Corps program under this subtitle has a budgetary shortfall for the period covered by the report, the Secretary shall—
</text>
<subparagraph id="HE7906FC171CC4B1D824A7C6EF76DF0C1">
<enum>
(A)
</enum>
<text>
not later than 90 days after the budgetary shortfall was identified, submit a report to the applicable committees explaining how the budgetary shortfall will be addressed; and
</text>
</subparagraph>
<subparagraph id="HB99833E548DC49E1B2BD265FA7DF101D">
<enum>
(B)
</enum>
<text>
submit an additional financial report under paragraph (1) for each 6-month period subsequent to the finding of the budgetary shortfall until the Secretary demonstrates, through such report, that the Job Corps program has no budgetary shortfall.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H52F7A652A1DD4F7D9743605F22D4090D">
<enum>
(b)
</enum>
<header>
Third-party review
</header>
<text>
Every 5 years after the date of enactment of this Act, the Secretary shall provide for a third-party review of the Job Corps program under this subtitle that addresses all of the areas described in subparagraphs (A) through (G) of section 169(a)(2). The results of the review shall be submitted to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
</text>
</subsection>
<subsection id="H6CB5FB1C19574A47A0E7B03D8D265478">
<enum>
(c)
</enum>
<header>
Criteria for Job Corps center closures
</header>
<text>
By not later than December 1, 2014, the Secretary shall establish written criteria that the Secretary shall use to determine when a Job Corps center supported under this subtitle is to be closed and how to carry out such closure, and shall submit such criteria to the applicable committees.
</text>
</subsection>
<subsection id="H242CC65CAFB247C68B437F4C2FDA4209">
<enum>
(d)
</enum>
<header>
Definition of applicable committees
</header>
<text>
In this section, the term
<quote>
applicable committees
</quote>
means—
</text>
<paragraph id="H634CE83FD23D41C1829329B5A7D6D930">
<enum>
(1)
</enum>
<text>
the Committee on Education and the Workforce of the House of Representatives;
</text>
</paragraph>
<paragraph id="H0A6815C8F93D4416A66B0005AAC0A1B3">
<enum>
(2)
</enum>
<text>
the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies of the Committee of Appropriations of the House of Representatives;
</text>
</paragraph>
<paragraph id="HBFB94A87B45740A4B5F31C666AA94878">
<enum>
(3)
</enum>
<text>
the Committee on Health, Education, Labor, and Pensions of the Senate; and
</text>
</paragraph>
<paragraph id="H86DA8F723A99497FBD758563F48006CE">
<enum>
(4)
</enum>
<text>
the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies of the Committee of Appropriations of the Senate.
</text>
</paragraph>
</subsection>
</section>
<section id="H2BCB0759537C48C0851A0B065E107EEA">
<enum>
162.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
There are authorized to be appropriated to carry out this subtitle—
</text>
<paragraph id="HD60584322BAB4A868759099478BE0262">
<enum>
(1)
</enum>
<text>
$1,688,155,000 for fiscal year 2015;
</text>
</paragraph>
<paragraph id="HE8EC481EFE9F421FBAB49DBD3E12E92D">
<enum>
(2)
</enum>
<text>
$1,818,548,000 for fiscal year 2016;
</text>
</paragraph>
<paragraph id="HB8DCA992FCD54D1A946592480852EF72">
<enum>
(3)
</enum>
<text>
$1,856,283,000 for fiscal year 2017;
</text>
</paragraph>
<paragraph id="H3A2F3F6FD65C4D85AAE8842CC8990399">
<enum>
(4)
</enum>
<text>
$1,897,455,000 for fiscal year 2018;
</text>
</paragraph>
<paragraph id="HFFD6ED24D6A64D6CA7FD0E2865C7F579">
<enum>
(5)
</enum>
<text>
$1,942,064,000 for fiscal year 2019; and
</text>
</paragraph>
<paragraph id="H641B39D6CEE04992A16DAF3474752F1E">
<enum>
(6)
</enum>
<text>
$1,983,236,000 for fiscal year 2020.
</text>
</paragraph>
</section>
</subtitle>
<subtitle id="HF9E19C591D694100B7B016463D3F7584">
<enum>
D
</enum>
<header>
National programs
</header>
<section id="H719815EA27A141FDBF637778CED8EA6C">
<enum>
166.
</enum>
<header>
Native American programs
</header>
<subsection id="HB4239DF2F99E4E5DA366B0E4A8E4284A">
<enum>
(a)
</enum>
<header>
Purpose
</header>
<paragraph id="H9632F2E65F314550BD40239E75C672F5">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The purpose of this section is to support employment and training activities for Indian, Alaska Native, and Native Hawaiian individuals in order—
</text>
<subparagraph id="HD450EE5AA98E457A83BA7A694A292332">
<enum>
(A)
</enum>
<text>
to develop more fully the academic, occupational, and literacy skills of such individuals;
</text>
</subparagraph>
<subparagraph id="HAE7C20B5298C43599AF901A47ED085B4">
<enum>
(B)
</enum>
<text>
to make such individuals more competitive in the workforce and to equip them with the entrepreneurial skills necessary for successful self-employment; and
</text>
</subparagraph>
<subparagraph id="HF953EB56D6354C879319BB88325E539F">
<enum>
(C)
</enum>
<text>
to promote the economic and social development of Indian, Alaska Native, and Native Hawaiian communities in accordance with the goals and values of such communities.
</text>
</subparagraph>
</paragraph>
<paragraph id="H382D0B7C0D524B15B7084C249D23ABDB">
<enum>
(2)
</enum>
<header>
Indian policy
</header>
<text>
All programs assisted under this section shall be administered in a manner consistent with the principles of the Indian Self-Determination and Education Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/25/450">
25 U.S.C. 450 et seq.
</external-xref>
) and the government-to-government relationship between the Federal Government and Indian tribal governments.
</text>
</paragraph>
</subsection>
<subsection id="H3CBB7C8072164EF3B4D75F28BDA294D6">
<enum>
(b)
</enum>
<header>
Definitions
</header>
<text>
As used in this section:
</text>
<paragraph id="HDAA895740E5D48AFA8C5F552E580844A">
<enum>
(1)
</enum>
<header>
Alaska native
</header>
<text>
The term
<term>
Alaska Native
</term>
includes a Native and a descendant of a Native, as such terms are defined in subsections (b) and (r) of section 3 of the Alaska Native Claims Settlement Act (
<external-xref legal-doc="usc" parsable-cite="usc/43/1602">
43 U.S.C. 1602(b)
</external-xref>
, (r)).
</text>
</paragraph>
<paragraph id="H7C7C6658E39F45C2BDFD90B1338ABB46">
<enum>
(2)
</enum>
<header>
Indian, indian tribe, and tribal organization
</header>
<text>
The terms
<term>
Indian
</term>
,
<term>
Indian tribe
</term>
, and
<term>
tribal organization
</term>
have the meanings given such terms in subsections (d), (e), and (l), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/25/450b">
25 U.S.C. 450b
</external-xref>
).
</text>
</paragraph>
<paragraph id="HC3182187DF564F63851700CE57CB9CDE">
<enum>
(3)
</enum>
<header>
Native hawaiian and native hawaiian organization
</header>
<text>
The terms
<term>
Native Hawaiian
</term>
and
<term>
Native Hawaiian organization
</term>
have the meanings given such terms in section 7207 of the Native Hawaiian Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/7517">
20 U.S.C. 7517
</external-xref>
).
</text>
</paragraph>
</subsection>
<subsection id="H5A65239D0B824246B92056B8654FC19E">
<enum>
(c)
</enum>
<header>
Program authorized
</header>
<text>
Every 4 years, the Secretary shall, on a competitive basis, make grants to, or enter into contracts or cooperative agreements with, Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out the authorized activities described in subsection (d).
</text>
</subsection>
<subsection id="H1CB22E852D094266990DD967121FBC4A">
<enum>
(d)
</enum>
<header>
Authorized activities
</header>
<paragraph id="HBB9C4E5FF47340D8A986D927A58FE0C5">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Funds made available under subsection (c) shall be used to carry out the activities described in paragraph (2) that—
</text>
<subparagraph id="H6F0A6711D4F54F128A14E3A9A62A7526">
<enum>
(A)
</enum>
<text>
are consistent with this section; and
</text>
</subparagraph>
<subparagraph id="HB4BC1E64FC8D43B2BEC1992A4ACB2CF6">
<enum>
(B)
</enum>
<text>
are necessary to meet the needs of Indians, Alaska Natives, or Native Hawaiians preparing to enter, reenter, or retain unsubsidized employment leading to self-sufficiency.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA1E5E22B36D04342A6E21AC29D3BC4F0">
<enum>
(2)
</enum>
<header>
Workforce development activities and supplemental services
</header>
<subparagraph id="H1144C68538B74B5FB758E296BD79B682">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Funds made available under subsection (c) shall be used for—
</text>
<clause id="H7F9F88A3CCFB4153A9A267AF43BE79B1">
<enum>
(i)
</enum>
<text>
comprehensive workforce development activities for Indians, Alaska Natives, or Native Hawaiians, including training on entrepreneurial skills; or
</text>
</clause>
<clause id="H46C61BB7CAF64746A69ACFF6A51E9C19">
<enum>
(ii)
</enum>
<text>
supplemental services for Indian, Alaska Native, or Native Hawaiian youth on or near Indian reservations and in Oklahoma, Alaska, or Hawaii.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H6C324D19D44D445D98C190E63AD1630C">
<enum>
(B)
</enum>
<header>
Special rule
</header>
<text>
Notwithstanding any other provision of this section, individuals who were eligible to participate in programs under section 401 of the Job Training Partnership Act (as such section was in effect on the day before the date of enactment of the Workforce Investment Act of 1998) shall be eligible to participate in an activity assisted under this section.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HA04D24FF53194199B6F4307263885B56">
<enum>
(e)
</enum>
<header>
Program plan
</header>
<text>
In order to receive a grant or enter into a contract or cooperative agreement under this section, an entity described in subsection (c) shall submit to the Secretary a program plan that describes a 4-year strategy for meeting the needs of Indian, Alaska Native, or Native Hawaiian individuals, as appropriate, in the area served by such entity. Such plan shall—
</text>
<paragraph id="H162A22D60DB142FE85D38E03A7F20FBC">
<enum>
(1)
</enum>
<text>
be consistent with the purpose of this section;
</text>
</paragraph>
<paragraph id="HC30B84FC5E304D25A0C0F7C20E96E931">
<enum>
(2)
</enum>
<text>
identify the population to be served;
</text>
</paragraph>
<paragraph id="HC6C16E5746474F89948D77508BE97CE7">
<enum>
(3)
</enum>
<text>
identify the education and employment needs of the population to be served and the manner in which the activities to be provided will strengthen the ability of the individuals served to obtain or retain unsubsidized employment leading to self-sufficiency;
</text>
</paragraph>
<paragraph id="H13C96A29ABAE427E8C059E9120649FF9">
<enum>
(4)
</enum>
<text>
describe the activities to be provided and the manner in which such activities are to be integrated with other appropriate activities; and
</text>
</paragraph>
<paragraph id="HAEF60C8C3A5E4C198695FD9284D02F43">
<enum>
(5)
</enum>
<text>
describe, after the entity submitting the plan consults with the Secretary, the performance accountability measures to be used to assess the performance of entities in carrying out the activities assisted under this section, which shall include the primary indicators of performance described in section 116(b)(2)(A) and expected levels of performance for such indicators, in accordance with subsection (h).
</text>
</paragraph>
</subsection>
<subsection id="H4448B6530B324D34AD0F91FAF80E2584">
<enum>
(f)
</enum>
<header>
Consolidation of funds
</header>
<text>
Each entity receiving assistance under subsection (c) may consolidate such assistance with assistance received from related programs in accordance with the provisions of the Indian Employment, Training and Related Services Demonstration Act of 1992 (
<external-xref legal-doc="usc" parsable-cite="usc/25/3401">
25 U.S.C. 3401 et seq.
</external-xref>
).
</text>
</subsection>
<subsection id="H8405B5F177394ECB9A864EA282460640">
<enum>
(g)
</enum>
<header>
Nonduplicative and nonexclusive services
</header>
<text>
Nothing in this section shall be construed—
</text>
<paragraph id="H0E6CD9CDD62D4827BF3C75DC76EDD831">
<enum>
(1)
</enum>
<text>
to limit the eligibility of any entity described in subsection (c) to participate in any activity offered by a State or local entity under this Act; or
</text>
</paragraph>
<paragraph id="H1C8DD7F8D46548E6B7F586A9AA4EFE29">
<enum>
(2)
</enum>
<text>
to preclude or discourage any agreement, between any entity described in subsection (c) and any State or local entity, to facilitate the provision of services by such entity or to the population served by such entity.
</text>
</paragraph>
</subsection>
<subsection id="HDD5A25BD1AEA4A12A35A732FFAA60558">
<enum>
(h)
</enum>
<header>
Performance accountability measures
</header>
<paragraph id="H70BC62A07D294EF7B3E18886CA659939">
<enum>
(1)
</enum>
<header>
Additional performance indicators and standards
</header>
<subparagraph id="HD9CA3B7D75A74EB298DF7075A80EEA1F">
<enum>
(A)
</enum>
<header>
Development of indicators and standards
</header>
<text>
The Secretary, in consultation with the Native American Employment and Training Council, shall develop a set of performance indicators and standards that is in addition to the primary indicators of performance described in section 116(b)(2)(A) and that shall be applicable to programs under this section.
</text>
</subparagraph>
<subparagraph id="H84A76CB333F64007892EEA55617A549F">
<enum>
(B)
</enum>
<header>
Special considerations
</header>
<text>
Such performance indicators and standards shall take into account—
</text>
<clause id="H5485100D3C424F968F7910DEF1D596BC">
<enum>
(i)
</enum>
<text>
the purpose of this section as described in subsection (a)(1);
</text>
</clause>
<clause id="H5C301CA1BF4C4479AC5DDBD2AF24367A">
<enum>
(ii)
</enum>
<text>
the needs of the groups served by this section, including the differences in needs among such groups in various geographic service areas; and
</text>
</clause>
<clause id="HC2823602139E44ED875D183943582883">
<enum>
(iii)
</enum>
<text>
the economic circumstances of the communities served, including differences in circumstances among various geographic service areas.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HFC191520E98C421996E7D3914ABC5A4B">
<enum>
(2)
</enum>
<header>
Agreement on adjusted levels of performance
</header>
<text>
The Secretary and the entity described in subsection (c) shall reach agreement on the levels of performance for each of the primary indicators of performance described in section 116(b)(2)(A), taking into account economic conditions, characteristics of the individuals served, and other appropriate factors and using, to the extent practicable, the statistical adjustment model under section 116(b)(3)(A)(viii). The levels agreed to shall be the adjusted levels of performance and shall be incorporated in the program plan.
</text>
</paragraph>
</subsection>
<subsection id="HCAB4FC23AEEE49B5B5497486D74ACF63">
<enum>
(i)
</enum>
<header>
Administrative provisions
</header>
<paragraph id="H451B9A130AE04FA6B3AF194F8262FABC">
<enum>
(1)
</enum>
<header>
Organizational unit established
</header>
<text>
The Secretary shall designate a single organizational unit within the Department of Labor that shall have primary responsibility for the administration of the activities authorized under this section.
</text>
</paragraph>
<paragraph id="H5C5C50CE55A84768A7AEA5E0DF99DC38">
<enum>
(2)
</enum>
<header>
Regulations
</header>
<text>
The Secretary shall consult with the entities described in subsection (c) in—
</text>
<subparagraph id="H63ECE6C5159F48F086D8A802ECE4DB9C">
<enum>
(A)
</enum>
<text>
establishing regulations to carry out this section, including regulations relating to the performance accountability measures for entities receiving assistance under this section; and
</text>
</subparagraph>
<subparagraph id="H408BD423E03147A18668A0BEBDAC369D">
<enum>
(B)
</enum>
<text>
developing a funding distribution plan that takes into consideration previous levels of funding (prior to the date of enactment of this Act) to such entities.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCA53A3A1BFAA4B27B957275C7C5A0883">
<enum>
(3)
</enum>
<header>
Waivers
</header>
<subparagraph id="HEABB4EA9501D49E1A4FCFEB29180FDC5">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
With respect to an entity described in subsection (c), the Secretary, notwithstanding any other provision of law, may, pursuant to a request submitted by such entity that meets the requirements established under subparagraph (B), waive any of the statutory or regulatory requirements of this title that are inconsistent with the specific needs of the entity described in such subsection, except that the Secretary may not waive requirements relating to wage and labor standards, worker rights, participation and protection of workers and participants, grievance procedures, and judicial review.
</text>
</subparagraph>
<subparagraph id="H5C12B2EC1991410088FEAFBCD16FB790">
<enum>
(B)
</enum>
<header>
Request and approval
</header>
<text>
An entity described in subsection (c) that requests a waiver under subparagraph (A) shall submit a plan to the Secretary to improve the program of workforce investment activities carried out by the entity, which plan shall meet the requirements established by the Secretary and shall be generally consistent with the requirements of section 189(i)(3)(B).
</text>
</subparagraph>
</paragraph>
<paragraph id="H4C746722A5524EA1976E9D7663DC4808">
<enum>
(4)
</enum>
<header>
Advisory council
</header>
<subparagraph id="H7555520AFEDD488D945D09BC6B67556E">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Using funds made available to carry out this section, the Secretary shall establish a Native American Employment and Training Council to facilitate the consultation described in paragraph (2) and to provide the advice described in subparagraph (C).
</text>
</subparagraph>
<subparagraph id="H5111FB1EB32042A3A3823125157C8F68">
<enum>
(B)
</enum>
<header>
Composition
</header>
<text>
The Council shall be composed of individuals, appointed by the Secretary, who are representatives of the entities described in subsection (c).
</text>
</subparagraph>
<subparagraph id="HFEED4D640FD44FE3AF22AA4A08EDEDA6">
<enum>
(C)
</enum>
<header>
Duties
</header>
<text>
The Council shall advise the Secretary on the operation and administration of the programs assisted under this section, including the selection of the individual appointed as head of the unit established under paragraph (1).
</text>
</subparagraph>
<subparagraph id="HB42FA8784F7F4A4DB42D256CA735EE20">
<enum>
(D)
</enum>
<header>
Personnel matters
</header>
<clause id="HF741C509E80A44D7AEDF01F67B06FEF3">
<enum>
(i)
</enum>
<header>
Compensation of members
</header>
<text>
Members of the Council shall serve without compensation.
</text>
</clause>
<clause id="H189A5363F0C14465A575ECAAC3B5EB6E">
<enum>
(ii)
</enum>
<header>
Travel expenses
</header>
<text>
The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/57">
chapter 57
</external-xref>
of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council.
</text>
</clause>
<clause id="H8B8D16DBA5A14F40B9BF757A3BD8A796">
<enum>
(iii)
</enum>
<header>
Administrative support
</header>
<text>
The Secretary shall provide the Council with such administrative support as may be necessary to perform the functions of the Council.
</text>
</clause>
</subparagraph>
<subparagraph id="H988AA857B30F4A74840E08D8C44748DD">
<enum>
(E)
</enum>
<header>
Chairperson
</header>
<text>
The Council shall select a chairperson from among its members.
</text>
</subparagraph>
<subparagraph id="HF81FB87C26954422A43EACE4E142CBA5">
<enum>
(F)
</enum>
<header>
Meetings
</header>
<text>
The Council shall meet not less than twice each year.
</text>
</subparagraph>
<subparagraph id="HA65E15D244E5471BB71C901C12A87878">
<enum>
(G)
</enum>
<header>
Application
</header>
<text>
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.
</text>
</subparagraph>
</paragraph>
<paragraph id="HBD599D6CC05A49F9A55721014DECD6F5">
<enum>
(5)
</enum>
<header>
Technical assistance
</header>
<text>
The Secretary, acting through the unit established under paragraph (1), is authorized to provide technical assistance to entities described in subsection (c) that receive assistance under such subsection to enable such entities to improve the activities authorized under this section that are provided by such entities.
</text>
</paragraph>
<paragraph id="H46EC15EF0850456EA004F7C695550799">
<enum>
(6)
</enum>
<header>
Agreement for certain federally recognized indian tribes to transfer funds to the program
</header>
<text>
A federally recognized Indian tribe that administers funds provided under this section and funds provided by more than one State under other sections of this title may enter into an agreement with the Secretary and the Governors of the affected States to transfer the funds provided by the States to the program administered by the tribe under this section.
</text>
</paragraph>
</subsection>
<subsection id="H72A36D45F9ED4DA8AF03C11574443A14">
<enum>
(j)
</enum>
<header>
Compliance with single audit requirements; related requirement
</header>
<text>
Grants made and contracts and cooperative agreements entered into under this section shall be subject to the requirements of chapter 75 of subtitle V of title 31, United States Code, and charging of costs under this section shall be subject to appropriate circulars issued by the Office of Management and Budget.
</text>
</subsection>
<subsection id="H38C0D41D7DA944708E769E6190A23638">
<enum>
(k)
</enum>
<header>
Assistance to unique populations in Alaska and Hawaii
</header>
<paragraph id="H54638A7C96AF47A0B859F5BB683C1C04">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Notwithstanding any other provision of law, the Secretary is authorized to award grants, on a competitive basis, to entities with demonstrated experience and expertise in developing and implementing programs for the unique populations who reside in Alaska or Hawaii, including public and private nonprofit organizations, tribal organizations, American Indian tribal colleges or universities, institutions of higher education, or consortia of such organizations or institutions, to improve job training and workforce investment activities for such unique populations.
</text>
</paragraph>
<paragraph id="H7791D42B9FBB45C982EA881DEFEDAA12">
<enum>
(2)
</enum>
<header>
Authorization of appropriations
</header>
<text>
There are authorized to be appropriated to carry out this subsection—
</text>
<subparagraph id="H2995C41FC4E7441B94BF5B2A3C499E40">
<enum>
(A)
</enum>
<text>
$461,000 for fiscal year 2015;
</text>
</subparagraph>
<subparagraph id="HD4949F9581B946CDAB93C7E016DA55AF">
<enum>
(B)
</enum>
<text>
$497,000 for fiscal year 2016;
</text>
</subparagraph>
<subparagraph id="H909821C21ACC4F6A805842C3DBF8E6F7">
<enum>
(C)
</enum>
<text>
$507,000 for fiscal year 2017;
</text>
</subparagraph>
<subparagraph id="H77FDD0F7568145E1BA32744550DCC28B">
<enum>
(D)
</enum>
<text>
$518,000 for fiscal year 2018;
</text>
</subparagraph>
<subparagraph id="H9DD6B6CD0B4E4814AE06EB6DF830D97D">
<enum>
(E)
</enum>
<text>
$530,000 for fiscal year 2019; and
</text>
</subparagraph>
<subparagraph id="H4224BDFE41A742F4B2F8E3E276C7BED2">
<enum>
(F)
</enum>
<text>
$542,000 for fiscal year 2020.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H8155731BD3294B738239C0453F87F848">
<enum>
167.
</enum>
<header>
Migrant and seasonal farmworker programs
</header>
<subsection id="H052FAB5FCA9B4EBD9AD564D52E4153D0">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Every 4 years, the Secretary shall, on a competitive basis, make grants to, or enter into contracts with, eligible entities to carry out the activities described in subsection (d).
</text>
</subsection>
<subsection id="H4EA1113A44044229AE618259B8B13AA0">
<enum>
(b)
</enum>
<header>
Eligible entities
</header>
<text>
To be eligible to receive a grant or enter into a contract under this section, an entity shall have an understanding of the problems of eligible migrant and seasonal farmworkers (including dependents), a familiarity with the area to be served, and the ability to demonstrate a capacity to administer and deliver effectively a diversified program of workforce investment activities (including youth workforce investment activities) and related assistance for eligible migrant and seasonal farmworkers.
</text>
</subsection>
<subsection id="HEE35D8118A474DAAB6877C24685F666A">
<enum>
(c)
</enum>
<header>
Program plan
</header>
<paragraph id="HFA7E3C46A1C44A559BCF48632B2057A6">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
To be eligible to receive a grant or enter into a contract under this section, an entity described in subsection (b) shall submit to the Secretary a plan that describes a 4-year strategy for meeting the needs of eligible migrant and seasonal farmworkers in the area to be served by such entity.
</text>
</paragraph>
<paragraph id="HD23F4C278BA24C21845B9E024D9669DF">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
Such plan shall—
</text>
<subparagraph id="HCE1FE5BB3AB24D0F9223C53ABDD3FF70">
<enum>
(A)
</enum>
<text>
describe the population to be served and identify the education and employment needs of the population to be served and the manner in which the services to be provided will strengthen the ability of the eligible migrant and seasonal farmworkers and dependents to obtain or retain unsubsidized employment, or stabilize their unsubsidized employment, including upgraded employment in agriculture;
</text>
</subparagraph>
<subparagraph id="HD26D2DEE0CAB43EEAB503685841DD5BA">
<enum>
(B)
</enum>
<text>
describe the related assistance and supportive services to be provided and the manner in which such assistance and services are to be integrated and coordinated with other appropriate services;
</text>
</subparagraph>
<subparagraph id="HBAE2189444E541C680EC5971697847AA">
<enum>
(C)
</enum>
<text>
describe the performance accountability measures to be used to assess the performance of such entity in carrying out the activities assisted under this section, which shall include the expected levels of performance for the primary indicators of performance described in section 116(b)(2)(A);
</text>
</subparagraph>
<subparagraph id="H9EE650C9D497467E9BCB6456EDDEEF46">
<enum>
(D)
</enum>
<text>
describe the availability and accessibility of local resources, such as supportive services, services provided through one-stop delivery systems, and education and training services, and how the resources can be made available to the population to be served; and
</text>
</subparagraph>
<subparagraph id="HA4F234B839F84D5BB32F63D49C780C5A">
<enum>
(E)
</enum>
<text>
describe the plan for providing services under this section, including strategies and systems for outreach, career planning, assessment, and delivery through one-stop delivery systems.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD44F5D38361647CEB30A6C5D8283E77E">
<enum>
(3)
</enum>
<header>
Agreement on adjusted levels of performance
</header>
<text>
The Secretary and the entity described in subsection (b) shall reach agreement on the levels of performance for each of the primary indicators of performance described in section 116(b)(2)(A), taking into account economic conditions, characteristics of the individuals served, and other appropriate factors, and using, to the extent practicable, the statistical adjustment model under section 116(b)(3)(A)(viii). The levels agreed to shall be the adjusted levels of performance and shall be incorporated in the program plan.
</text>
</paragraph>
<paragraph id="H48DE13AAE85A4AB696335BCB6C238533">
<enum>
(4)
</enum>
<header>
Administration
</header>
<text>
Grants and contracts awarded under this section shall be centrally administered by the Department of Labor and competitively awarded by the Secretary using procedures consistent with standard Federal Government competitive procurement policies.
</text>
</paragraph>
</subsection>
<subsection id="HA855A5062F904805BA051B9349F738B8">
<enum>
(d)
</enum>
<header>
Authorized activities
</header>
<text>
Funds made available under this section and section 127(a)(1) shall be used to carry out workforce investment activities (including youth workforce investment activities) and provide related assistance for eligible migrant and seasonal farmworkers, which may include—
</text>
<paragraph id="H646A2FA1038C4DAE9B1EB0A9CEE496D1">
<enum>
(1)
</enum>
<text>
outreach, employment, training, educational assistance, literacy assistance, English language and literacy instruction, pesticide and worker safety training, housing (including permanent housing), supportive services, and school dropout prevention and recovery activities;
</text>
</paragraph>
<paragraph id="H9A06BE57AC884A81A2083EBABB3D8A72">
<enum>
(2)
</enum>
<text>
followup services for those individuals placed in employment;
</text>
</paragraph>
<paragraph id="H792D4804A02745DDBD7184BE20DF2400">
<enum>
(3)
</enum>
<text>
self-employment and related business or micro-enterprise development or education as needed by eligible individuals as identified pursuant to the plan required by subsection (c);
</text>
</paragraph>
<paragraph id="HB0481E747E3146A8A4230ED6F8CFEE87">
<enum>
(4)
</enum>
<text>
customized career and technical education in occupations that will lead to higher wages, enhanced benefits, and long-term employment in agriculture or another area; and
</text>
</paragraph>
<paragraph id="HA1B1E1F7DB7644BF9408F83583783100">
<enum>
(5)
</enum>
<text>
technical assistance to improve coordination of services and implement best practices relating to service delivery through one-stop delivery systems.
</text>
</paragraph>
</subsection>
<subsection id="H91B2A539EB484A0693B6C72E1DBB7A32">
<enum>
(e)
</enum>
<header>
Consultation with governors and local boards
</header>
<text>
In making grants and entering into contracts under this section, the Secretary shall consult with the Governors and local boards of the States in which the eligible entities will carry out the activities described in subsection (d).
</text>
</subsection>
<subsection id="HB0D4E91CBAB14E119165686D815AAB76">
<enum>
(f)
</enum>
<header>
Regulations
</header>
<text>
The Secretary shall consult with eligible migrant and seasonal farmworkers groups and States in establishing regulations to carry out this section, including regulations relating to how economic and demographic barriers to employment of eligible migrant and seasonal farmworkers should be considered and included in the negotiations leading to the adjusted levels of performance described in subsection (c)(3).
</text>
</subsection>
<subsection id="H1E4B0FA6048A47E2850114B5B1D8E3BF">
<enum>
(g)
</enum>
<header>
Compliance with single audit requirements; related requirement
</header>
<text>
Grants made and contracts entered into under this section shall be subject to the requirements of chapter 75 of subtitle V of title 31, United States Code and charging of costs under this section shall be subject to appropriate circulars issued by the Office of Management and Budget.
</text>
</subsection>
<subsection id="H6D03DB25C8704EC0B3E957424DD3299A">
<enum>
(h)
</enum>
<header>
Funding allocation
</header>
<text>
From the funds appropriated and made available to carry out this section, the Secretary shall reserve not more than 1 percent for discretionary purposes, such as providing technical assistance to eligible entities.
</text>
</subsection>
<subsection id="H59467BBBC2DB4D8AA966328D5DE3C4C8">
<enum>
(i)
</enum>
<header>
Definitions
</header>
<text>
In this section:
</text>
<paragraph commented="no" display-inline="no-display-inline" id="H1226847D264A400C924C1CBF547C78A0">
<enum>
(1)
</enum>
<header display-inline="yes-display-inline">
Eligible migrant and seasonal farmworkers
</header>
<text display-inline="yes-display-inline">
The term
<term>
eligible migrant and seasonal farmworkers
</term>
means individuals who are eligible migrant farmworkers or are eligible seasonal farmworkers.
</text>
</paragraph>
<paragraph id="H9CF2CB90C3EA43EAB556EB2C22ECD598">
<enum>
(2)
</enum>
<header>
Eligible migrant farmworker
</header>
<text>
The term
<term>
eligible migrant farmworker
</term>
means—
</text>
<subparagraph id="H3B84B4AE702347DD9E991B40B789154D">
<enum>
(A)
</enum>
<text>
an eligible seasonal farmworker described in paragraph (3)(A) whose agricultural labor requires travel to a job site such that the farmworker is unable to return to a permanent place of residence within the same day; and
</text>
</subparagraph>
<subparagraph id="H949F0933CDFE4C55BA2C8215571C69D0">
<enum>
(B)
</enum>
<text>
a dependent of the farmworker described in subparagraph (A).
</text>
</subparagraph>
</paragraph>
<paragraph id="HC2D94654C1FD4786967B6EBD78EE13D5">
<enum>
(3)
</enum>
<header>
Eligible seasonal farmworker
</header>
<text>
The term
<term>
eligible seasonal farmworker
</term>
means—
</text>
<subparagraph id="H8136489083D24EAD815A2821589B17DB">
<enum>
(A)
</enum>
<text>
a low-income individual who—
</text>
<clause id="H556495A1914949F59750F6326260D6EE">
<enum>
(i)
</enum>
<text>
for 12 consecutive months out of the 24 months prior to application for the program involved, has been primarily employed in agricultural or fish farming labor that is characterized by chronic unemployment or underemployment; and
</text>
</clause>
<clause id="HFAFD5008536649779876D32854784999">
<enum>
(ii)
</enum>
<text>
faces multiple barriers to economic self-sufficiency; and
</text>
</clause>
</subparagraph>
<subparagraph id="HE391F48C6CC84ACAA129381593FED4DA">
<enum>
(B)
</enum>
<text>
a dependent of the person described in subparagraph (A).
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H16C181EEA7F24A22A0CA9B5FC3AAD011">
<enum>
168.
</enum>
<header>
Technical assistance
</header>
<subsection id="HE2BBA955FE794F42B004FF3653734811">
<enum>
(a)
</enum>
<header>
General technical assistance
</header>
<paragraph id="H670AB1DD59E8453880FC7452328DC3BE">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Secretary shall ensure that the Department has sufficient capacity to, and does, provide, coordinate, and support the development of, appropriate training, technical assistance, staff development, and other activities, including—
</text>
<subparagraph id="HE70585D9F2694EE69EF44CED250C5228">
<enum>
(A)
</enum>
<text>
assistance in replicating programs of demonstrated effectiveness, to States and localities;
</text>
</subparagraph>
<subparagraph id="H85E96BAF13D84EC798869124FF24C404">
<enum>
(B)
</enum>
<text>
the training of staff providing rapid response services;
</text>
</subparagraph>
<subparagraph id="HFCADB2DBEDAC4418ACA8E25205D59D16">
<enum>
(C)
</enum>
<text>
the training of other staff of recipients of funds under this title, including the staff of local boards and State boards;
</text>
</subparagraph>
<subparagraph id="H34673ACC1F4C4177B7C54B7678C7C1F3">
<enum>
(D)
</enum>
<text>
the training of members of State boards and local boards;
</text>
</subparagraph>
<subparagraph id="HD68D63C0FE2C4C7D9EB2C73ED9126246">
<enum>
(E)
</enum>
<text>
assistance in the development and implementation of integrated, technology-enabled intake and case management information systems for programs carried out under this Act and programs carried out by one-stop partners, such as standard sets of technical requirements for the systems, offering interfaces that States could use in conjunction with their current (as of the first date of implementation of the systems) intake and case management information systems that would facilitate shared registration across programs;
</text>
</subparagraph>
<subparagraph id="HFED726777C60408EA68E62BA8FE0992B">
<enum>
(F)
</enum>
<text>
assistance regarding accounting and program operations to States and localities (when such assistance would not supplant assistance provided by the State);
</text>
</subparagraph>
<subparagraph id="H7963868D4546457682F95793DB4D05F2">
<enum>
(G)
</enum>
<text>
peer review activities under this title; and
</text>
</subparagraph>
<subparagraph id="HC9EE47F9F02041AAA6685BB7A14B369A">
<enum>
(H)
</enum>
<text>
in particular, assistance to States in making transitions to implement the provisions of this Act.
</text>
</subparagraph>
</paragraph>
<paragraph id="HBF0B008AA16B4B80A160A06508A85E7C">
<enum>
(2)
</enum>
<header>
Form of assistance
</header>
<subparagraph id="H21C2F4735F9D47838A50ECAB9F1C4401">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
In order to carry out paragraph (1) on behalf of a State or recipient of financial assistance under section 166 or 167, the Secretary, after consultation with the State or grant recipient, may award grants or enter into contracts or cooperative agreements.
</text>
</subparagraph>
<subparagraph id="HA9E8EB4F73B14645841798304C52BD49">
<enum>
(B)
</enum>
<header>
Limitation
</header>
<text>
Grants or contracts awarded under paragraph (1) to entities other than States or local units of government that are for amounts in excess of $100,000 shall only be awarded on a competitive basis.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H659FE50AC4DA4C31A5391904A39E8620">
<enum>
(b)
</enum>
<header>
Dislocated worker technical assistance
</header>
<paragraph id="H2D8752D180BD41D3B91827BF2C0C6618">
<enum>
(1)
</enum>
<header>
Authority
</header>
<text>
Of the amounts available pursuant to section 132(a)(2)(A), the Secretary shall reserve not more than 5 percent of such amounts to provide technical assistance to States that do not meet the State performance accountability measures for the primary indicators of performance described in section 116(b)(2)(A)(i) with respect to employment and training activities for dislocated workers. Using such reserved funds, the Secretary may provide such assistance to other States, local areas, and other entities involved in providing assistance to dislocated workers, to promote the continuous improvement of assistance provided to dislocated workers, under this title.
</text>
</paragraph>
<paragraph id="HB0F53337D19E49C4B4983C645F70ABEB">
<enum>
(2)
</enum>
<header>
Training
</header>
<text>
Amounts reserved under this subsection may be used to provide for the training of staff, including specialists, who provide rapid response services. Such training shall include instruction in proven methods of promoting, establishing, and assisting labor-management committees. Such projects shall be administered through the Employment and Training Administration of the Department.
</text>
</paragraph>
</subsection>
<subsection id="H2A2EB4A0681345E0A9944DD94D6EF16F">
<enum>
(c)
</enum>
<header>
Promising and proven practices coordination
</header>
<text>
The Secretary shall—
</text>
<paragraph id="HF7C502CF466D40848FC823A38E107988">
<enum>
(1)
</enum>
<text>
establish a system through which States may share information regarding promising and proven practices with regard to the operation of workforce investment activities under this Act;
</text>
</paragraph>
<paragraph id="H262BAE9260094E59B7D72269085FF049">
<enum>
(2)
</enum>
<text>
evaluate and disseminate information regarding such promising and proven practices and identify knowledge gaps; and
</text>
</paragraph>
<paragraph id="HD41AABD58A8D4D54BBC64EA62BE20A56">
<enum>
(3)
</enum>
<text>
commission research under section 169(b) to address knowledge gaps identified under paragraph (2).
</text>
</paragraph>
</subsection>
</section>
<section id="HA202981A93F14512982BDA81F0258937">
<enum>
169.
</enum>
<header>
Evaluations and research
</header>
<subsection id="H378AEA929F6A4CA49986C1642FD863D1">
<enum>
(a)
</enum>
<header>
Evaluations
</header>
<paragraph id="H29211453BCF742B8AA62EB8B9EFF7755">
<enum>
(1)
</enum>
<header>
Evaluations of programs and activities carried out under this title
</header>
<subparagraph id="H053DC2E4B1544A11BD97F47CF805C52B">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
For the purpose of improving the management and effectiveness of programs and activities carried out under this title, the Secretary, through grants, contracts, or cooperative agreements, shall provide for the continuing evaluation of the programs and activities under this title, including those programs and activities carried out under this section.
</text>
</subparagraph>
<subparagraph id="H346A2EF1F7C24994AAFF9B40ABC46251">
<enum>
(B)
</enum>
<header>
Periodic independent evaluation
</header>
<text>
The evaluations carried out under this paragraph shall include an independent evaluation, at least once every 4 years, of the programs and activities carried out under this title.
</text>
</subparagraph>
</paragraph>
<paragraph id="H4FB50E225EC14C22B67971F86A8F6BE0">
<enum>
(2)
</enum>
<header>
Evaluation subjects
</header>
<text>
Each evaluation carried out under paragraph (1) shall address—
</text>
<subparagraph id="H6E5DE5A549FC48789BD5BA9074316899">
<enum>
(A)
</enum>
<text>
the general effectiveness of such programs and activities in relation to their cost, including the extent to which the programs and activities—
</text>
<clause id="H177A2875C8294990BDBCECB23ECD4C11">
<enum>
(i)
</enum>
<text>
improve the employment competencies of participants in comparison to comparably-situated individuals who did not participate in such programs and activities; and
</text>
</clause>
<clause id="H090E92DF2AF04AB89AEBAE5B740D40FA">
<enum>
(ii)
</enum>
<text>
to the extent feasible, increase the level of total employment over the level that would have existed in the absence of such programs and activities;
</text>
</clause>
</subparagraph>
<subparagraph id="H14020038F18949C3AC55B59637199CDA">
<enum>
(B)
</enum>
<text>
the effectiveness of the performance accountability measures relating to such programs and activities;
</text>
</subparagraph>
<subparagraph id="HE7D253961C7747D2B932881D188F33D6">
<enum>
(C)
</enum>
<text>
the effectiveness of the structure and mechanisms for delivery of services through such programs and activities, including the coordination and integration of services through such programs and activities;
</text>
</subparagraph>
<subparagraph id="HC8763B56AE714A0296FF9AFEE66C6F3E">
<enum>
(D)
</enum>
<text>
the impact of such programs and activities on the community, businesses, and participants involved;
</text>
</subparagraph>
<subparagraph id="H99898F445BAF4401886A1E917372C2CD">
<enum>
(E)
</enum>
<text>
the impact of such programs and activities on related programs and activities;
</text>
</subparagraph>
<subparagraph id="H601B86CBD52B495F8B15CF97326DFCB2">
<enum>
(F)
</enum>
<text>
the extent to which such programs and activities meet the needs of various demographic groups; and
</text>
</subparagraph>
<subparagraph id="H257A1F37A8FA400197EFA776536DCBC4">
<enum>
(G)
</enum>
<text>
such other factors as may be appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="H593CD8A4C16C48199FFD9D0C3BC88069">
<enum>
(3)
</enum>
<header>
Evaluations of other programs and activities
</header>
<text>
The Secretary may conduct evaluations of other federally funded employment-related programs and activities under other provisions of law.
</text>
</paragraph>
<paragraph id="H4AD15F502F044EDAA0412CCE6BEC76A6">
<enum>
(4)
</enum>
<header>
Techniques
</header>
<text>
Evaluations conducted under this subsection shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies. The Secretary shall conduct at least 1 multisite control group evaluation under this subsection by the end of fiscal year 2019, and thereafter shall ensure that such an analysis is included in the independent evaluation described in paragraph (1)(B) that is conducted at least once every 4 years.
</text>
</paragraph>
<paragraph id="HC17EC4DFF6C443DE89E8DA073FC0DEDE">
<enum>
(5)
</enum>
<header>
Reports
</header>
<text>
The entity carrying out an evaluation described in paragraph (1) or (2) shall prepare and submit to the Secretary a draft report and a final report containing the results of the evaluation.
</text>
</paragraph>
<paragraph id="HF0309A3EFCCB4048845CBF1BC1DBDE88">
<enum>
(6)
</enum>
<header>
Reports to congress
</header>
<text>
Not later than 30 days after the completion of a draft report under paragraph (5), the Secretary shall transmit the draft report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate. Not later than 60 days after the completion of a final report under such paragraph, the Secretary shall transmit the final report to such committees.
</text>
</paragraph>
<paragraph id="H3EBD8000285649DA957DC91D7E3572E0">
<enum>
(7)
</enum>
<header>
Public availability
</header>
<text>
Not later than 30 days after the date the Secretary transmits the final report as described in paragraph (6), the Secretary shall make that final report available to the general public on the Internet, on the Web site of the Department of Labor.
</text>
</paragraph>
<paragraph id="H137B9AD07F1D4386A69E53948146B454">
<enum>
(8)
</enum>
<header>
Publication of reports
</header>
<text>
If an entity that enters into a contract or other arrangement with the Secretary to conduct an evaluation of a program or activity under this subsection requests permission from the Secretary to publish a report resulting from the evaluation, such entity may publish the report unless the Secretary denies the request during the 90-day period beginning on the date the Secretary receives such request.
</text>
</paragraph>
<paragraph id="HA6A858182B2345B085BD63E85F202148">
<enum>
(9)
</enum>
<header>
Coordination
</header>
<text>
The Secretary shall ensure the coordination of evaluations carried out by States pursuant to section 116(e) with the evaluations carried out under this subsection.
</text>
</paragraph>
</subsection>
<subsection id="HE71293749B36489FA1D7DBA4E8BCC2EA">
<enum>
(b)
</enum>
<header>
Research, studies, and multistate projects
</header>
<paragraph id="H9228F58981464B71836F4FA0793045CC">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
After consultation with States, localities, and other interested parties, the Secretary shall, every 2 years, publish in the Federal Register, a plan that describes the research, studies, and multistate project priorities of the Department of Labor concerning employment and training for the 5-year period following the submission of the plan. The plan shall be consistent with the purposes of this title, including the purpose of aligning and coordinating core programs with other one-stop partner programs. Copies of the plan shall be transmitted to the Committee on Education and the Workforce of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, the Department of Education, and other relevant Federal agencies.
</text>
</paragraph>
<paragraph id="H52AEF8E3314346E98F6C4CAE2F97F317">
<enum>
(2)
</enum>
<header>
Factors
</header>
<text>
The plan published under paragraph (1) shall contain strategies to address national employment and training problems and take into account factors such as—
</text>
<subparagraph id="H4DA8E95CD0884B8FAC369516FE7E5CB8">
<enum>
(A)
</enum>
<text>
the availability of existing research (as of the date of the publication);
</text>
</subparagraph>
<subparagraph id="H0FE1AEA23875453A98431DF87AA0D92B">
<enum>
(B)
</enum>
<text>
the need to ensure results that have interstate validity;
</text>
</subparagraph>
<subparagraph id="HA7FFDE8E4F604AAAA98E112D96D8F369">
<enum>
(C)
</enum>
<text>
the benefits of economies of scale and the efficiency of proposed projects; and
</text>
</subparagraph>
<subparagraph id="H29D4A3C4B33A48B8A9E68A7BFB5289AE">
<enum>
(D)
</enum>
<text>
the likelihood that the results of the projects will be useful to policymakers and stakeholders in addressing employment and training problems.
</text>
</subparagraph>
</paragraph>
<paragraph id="H95EEFD11EE2F45E882C06B068029A9CC">
<enum>
(3)
</enum>
<header>
Research projects
</header>
<text>
The Secretary shall, through grants or contracts, carry out research projects that will contribute to the solution of employment and training problems in the United States and that are consistent with the priorities specified in the plan published under paragraph (1).
</text>
</paragraph>
<paragraph id="H1E6D74EC0DDB4DE8B49F743256BC7B9E">
<enum>
(4)
</enum>
<header>
Studies and reports
</header>
<subparagraph id="HF17F85D179D64E57A492D902D38EE3C1">
<enum>
(A)
</enum>
<header>
Net impact studies and reports
</header>
<text>
The Secretary of Labor, in coordination with the Secretary of Education and other relevant Federal agencies, may conduct studies to determine the net impact and best practices of programs, services, and activities carried out under this Act.
</text>
</subparagraph>
<subparagraph id="HE2F873CA90204BD08266B399F6F81AD5">
<enum>
(B)
</enum>
<header>
Study on resources available to assist disconnected youth
</header>
<text>
The Secretary of Labor, in coordination with the Secretary of Education, may conduct a study examining the characteristics of eligible youth that result in such youth being significantly disconnected from education and workforce participation, the ways in which such youth could have greater opportunities for education attainment and obtaining employment, and the resources available to assist such youth in obtaining the skills, credentials, and work experience necessary to become economically self-sufficient.
</text>
</subparagraph>
<subparagraph id="HF8A3E648E3D1488183D9AB40DB9A002F">
<enum>
(C)
</enum>
<header>
Study of effectiveness of workforce development system in meeting business needs
</header>
<text>
Using funds available to carry out this subsection jointly with funds available to the Secretary of Commerce, the Administrator of the Small Business Administration, and the Secretary of Education, the Secretary of Labor, in coordination with the Secretary of Commerce, the Administrator of the Small Business Administration, and the Secretary of Education, may conduct a study of the effectiveness of the workforce development system in meeting the needs of business, such as through the use of industry or sector partnerships, with particular attention to the needs of small business, including in assisting workers to obtain the skills needed to utilize emerging technologies.
</text>
</subparagraph>
<subparagraph id="HC052487F8BF446DAB587657D03D16BCF">
<enum>
(D)
</enum>
<header>
Study on participants entering nontraditional occupations
</header>
<text>
The Secretary of Labor, in coordination with the Secretary of Education, may conduct a study examining the number and percentage of individuals who receive employment and training activities and who enter nontraditional occupations, successful strategies to place and support the retention of individuals in nontraditional employment (such as by providing post-placement assistance to participants in the form of exit interviews, mentoring, networking, and leadership development), and the degree to which recipients of employment and training activities are informed of the possibility of, or directed to begin, training or education needed for entrance into nontraditional occupations.
</text>
</subparagraph>
<subparagraph id="H5E3685BC61D7433AA0B911AE86F864FC">
<enum>
(E)
</enum>
<header>
Study on performance indicators
</header>
<text>
The Secretary of Labor, in coordination with the Secretary of Education, may conduct studies to determine the feasibility of, and potential means to replicate, measuring the compensation, including the wages, benefits, and other incentives provided by an employer, received by program participants by using data other than or in addition to data available through wage records, for potential use as a performance indicator.
</text>
</subparagraph>
<subparagraph id="HEA69C8D00BD24570B8BF1FFC9EB30438">
<enum>
(F)
</enum>
<header>
Study on job training for recipients of public housing assistance
</header>
<text>
The Secretary of Labor, in coordination with the Secretary of Housing and Urban Development, may conduct studies to assist public housing authorities to provide, to recipients of public housing assistance, job training programs that successfully upgrade job skills and employment in, and access to, jobs with opportunity for advancement and economic self-sufficiency for such recipients.
</text>
</subparagraph>
<subparagraph id="H1972B047CB274D589F99DDC9E2164DBC">
<enum>
(G)
</enum>
<header>
Study on improving employment prospects for older individuals
</header>
<text>
The Secretary of Labor, in coordination with the Secretary of Education and the Secretary of Health and Human Services, may conduct studies that lead to better design and implementation of, in conjunction with employers, local boards or State boards, community colleges or area career and technical education schools, and other organizations, effective evidence-based strategies to provide services to workers who are low-income, low-skilled older individuals that increase the workers’ skills and employment prospects.
</text>
</subparagraph>
<subparagraph id="H6B2FABB3E77648929A5A4BDEBCE9339A">
<enum>
(H)
</enum>
<header>
Study on prior learning
</header>
<text>
The Secretary of Labor, in coordination with other heads of Federal agencies, as appropriate, may conduct studies that, through convening stakeholders from the fields of education, workforce, business, labor, defense, and veterans services, and experts in such fields, develop guidelines for assessing, accounting for, and utilizing the prior learning of individuals, including dislocated workers and veterans, in order to provide the individuals with postsecondary educational credit for such prior learning that leads to the attainment of a recognized postsecondary credential identified under section 122(d) and employment.
</text>
</subparagraph>
<subparagraph id="H2E9768881BD445809D202C96D8084C57">
<enum>
(I)
</enum>
<header>
Study on career pathways for health care providers and providers of early education and child care
</header>
<text>
The Secretary of Labor, in coordination with the Secretary of Education and the Secretary of Health and Human Services, shall conduct a multistate study to develop, implement, and build upon career advancement models and practices for low-wage health care providers or providers of early education and child care, including faculty education and distance education programs.
</text>
</subparagraph>
<subparagraph id="H38FD365425B64F8EB1C283422A796A4D">
<enum>
(J)
</enum>
<header>
Study on equivalent pay
</header>
<text>
The Secretary shall conduct a multistate study to develop and disseminate strategies for ensuring that programs and activities carried out under this Act are placing individuals in jobs, education, and training that lead to equivalent pay for men and women, including strategies to increase the participation of women in high-wage, high-demand occupations in which women are underrepresented.
</text>
</subparagraph>
<subparagraph id="HBE7D31C5674C48C5944FBC9908B48B3D">
<enum>
(K)
</enum>
<header>
Reports
</header>
<text>
The Secretary shall prepare and disseminate to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, and to the public, including through electronic means, reports containing the results of the studies conducted under this paragraph.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1CF6A411379F4473B7588E3EC3B5CA68">
<enum>
(5)
</enum>
<header>
Multistate projects
</header>
<subparagraph id="HBD96C893B0A24B8E981C80DD3FEB8CE2">
<enum>
(A)
</enum>
<header>
Authority
</header>
<text>
The Secretary may, through grants or contracts, carry out multistate projects that require demonstrated expertise that is available at the national level to effectively disseminate best practices and models for implementing employment and training services, address the specialized employment and training needs of particular service populations, or address industry-wide skill shortages, to the extent such projects are consistent with the priorities specified in the plan published under paragraph (1).
</text>
</subparagraph>
<subparagraph id="H3BC2B89ED7ED4455B24C0494AA348A1B">
<enum>
(B)
</enum>
<header>
Design of grants
</header>
<text>
Agreements for grants or contracts awarded under this paragraph shall be designed to obtain information relating to the provision of services under different economic conditions or to various demographic groups in order to provide guidance at the national and State levels about how best to administer specific employment and training services.
</text>
</subparagraph>
</paragraph>
<paragraph id="HC545A4DB4FB34673AA230E9BA1A0FCBC">
<enum>
(6)
</enum>
<header>
Limitations
</header>
<subparagraph id="H56AEBF574CAB44F59C184C2E072F1203">
<enum>
(A)
</enum>
<header>
Competitive awards
</header>
<text>
A grant or contract awarded for carrying out a project under this subsection in an amount that exceeds $100,000 shall be awarded only on a competitive basis, except that a noncompetitive award may be made in the case of a project that is funded jointly with other public or private sector entities that provide a substantial portion of assistance under the grant or contract for the project.
</text>
</subparagraph>
<subparagraph id="HFA124FA0E9D743B8A10C17055D451024">
<enum>
(B)
</enum>
<header>
Time limits
</header>
<text>
A grant or contract shall not be awarded under this subsection to the same organization for more than 3 consecutive years unless such grant or contract is competitively reevaluated within such period.
</text>
</subparagraph>
<subparagraph id="HE5FDEE44CB5E4D60AD3F453C24D77349">
<enum>
(C)
</enum>
<header>
Peer review
</header>
<clause id="H02F1679C421E4EF7A23B2E4428AA50E2">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
The Secretary shall utilize a peer review process—
</text>
<subclause id="H3C1B0D64889E418594413D9730120042">
<enum>
(I)
</enum>
<text>
to review and evaluate all applications for grants in amounts that exceed $500,000 that are submitted under this section; and
</text>
</subclause>
<subclause id="H9FB5F1AED0B24AE88411DE93D475436D">
<enum>
(II)
</enum>
<text>
to review and designate exemplary and promising programs under this section.
</text>
</subclause>
</clause>
<clause id="H4D8D61DEAD6D4BE39B6548320CC87D7E">
<enum>
(ii)
</enum>
<header>
Availability of funds
</header>
<text>
The Secretary is authorized to use funds provided under this section to carry out peer review activities under this subparagraph.
</text>
</clause>
</subparagraph>
<subparagraph id="HE2DF14108A2C46FF89E46B182DD0726F">
<enum>
(D)
</enum>
<header>
Priority
</header>
<text>
In awarding grants or contracts under this subsection, priority shall be provided to entities with recognized expertise in the methods, techniques, and knowledge of workforce investment activities. The Secretary shall establish appropriate time limits for the duration of such projects.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H7C6B4CD2167749FAAA772A887F5DE808">
<enum>
(c)
</enum>
<header>
Dislocated worker projects
</header>
<text>
Of the amount made available pursuant to section 132(a)(2)(A) for any program year, the Secretary shall use not more than 10 percent of such amount to carry out demonstration and pilot projects, multiservice projects, and multistate projects relating to the employment and training needs of dislocated workers. Of the requirements of this section, such projects shall be subject only to the provisions relating to review and evaluation of applications under subsection (b)(6)(C). Such projects may include demonstration and pilot projects relating to promoting self-employment, promoting job creation, averting dislocations, assisting dislocated farmers, assisting dislocated fishermen, and promoting public works. Such projects shall be administered by the Secretary, acting through the Assistant Secretary for Employment and Training.
</text>
</subsection>
</section>
<section id="HF42FB3E6E8734C6BB549028D8C1BDC08">
<enum>
170.
</enum>
<header>
National dislocated worker grants
</header>
<subsection id="HFAD4BF85BF13483EB09618DB528D3487">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text>
In this section:
</text>
<paragraph id="HC993984208EA43B78A412688889AAA42">
<enum>
(1)
</enum>
<header>
Emergency or disaster
</header>
<text>
The term
<term>
emergency or disaster
</term>
means—
</text>
<subparagraph id="HDCF660755A5F4DA889438D4B0105023A">
<enum>
(A)
</enum>
<text>
an emergency or a major disaster, as defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122 (1) and (2)); or
</text>
</subparagraph>
<subparagraph id="H84DBDC8595EB4AC08AF5F041FD86557C">
<enum>
(B)
</enum>
<text>
an emergency or disaster situation of national significance that could result in a potentially large loss of employment, as declared or otherwise recognized by the chief official of a Federal agency with authority for or jurisdiction over the Federal response to the emergency or disaster situation.
</text>
</subparagraph>
</paragraph>
<paragraph id="H7E331498CEF74EDCA61AF40209F8A1E5">
<enum>
(2)
</enum>
<header>
Disaster area
</header>
<text>
The term
<term>
disaster area
</term>
means an area that has suffered or in which has occurred an emergency or disaster.
</text>
</paragraph>
</subsection>
<subsection id="H85DF4091943E481B93D770B4F5BCC30F">
<enum>
(b)
</enum>
<header>
In general
</header>
<paragraph id="H78DD9C4F120A46468402CC63F5E980DB">
<enum>
(1)
</enum>
<header>
Grants
</header>
<text>
The Secretary is authorized to award national dislocated worker grants—
</text>
<subparagraph id="H1C7BD7CC9EF14459B68B3DD202319CE1">
<enum>
(A)
</enum>
<text>
to an entity described in subsection (c)(1)(B) to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations;
</text>
</subparagraph>
<subparagraph id="HE5FF3CA1C01C4A53AF5F0994B8870F16">
<enum>
(B)
</enum>
<text>
to provide assistance to—
</text>
<clause id="H99A49F6F0CA042A28846D900331AC672">
<enum>
(i)
</enum>
<text>
the Governor of any State within the boundaries of which is a disaster area, to provide disaster relief employment in the disaster area; or
</text>
</clause>
<clause id="H90CF26AA341A4EF2B710155A6A312D6E">
<enum>
(ii)
</enum>
<text>
the Governor of any State to which a substantial number of workers from an area in which an emergency or disaster has been declared or otherwise recognized have relocated;
</text>
</clause>
</subparagraph>
<subparagraph id="HF74522488EB64E2B9D9AF83984FAA694">
<enum>
(C)
</enum>
<text>
to provide additional assistance to a State board or local board for eligible dislocated workers in a case in which the State board or local board has expended the funds provided under this section to carry out activities described in subparagraphs (A) and (B) and can demonstrate the need for additional funds to provide appropriate services for such workers, in accordance with requirements prescribed by the Secretary; and
</text>
</subparagraph>
<subparagraph id="HA7C5338944FF4CC7A9D23913FDD4F485">
<enum>
(D)
</enum>
<text>
to provide additional assistance to a State board or local board serving an area where—
</text>
<clause id="HF19FE3F59EBD49328BBC6ABB5D4204CD">
<enum>
(i)
</enum>
<text>
a higher-than-average demand for employment and training activities for dislocated members of the Armed Forces, spouses described in section 3(15)(E), or members of the Armed Forces described in subsection (c)(2)(A)(iv), exceeds State and local resources for providing such activities; and
</text>
</clause>
<clause id="H0C72573BD76A4CC487C408908E288A26">
<enum>
(ii)
</enum>
<text>
such activities are to be carried out in partnership with the Department of Defense and Department of Veterans Affairs transition assistance programs.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HA5398AE8045E40FDBD185B75042BB287">
<enum>
(2)
</enum>
<header>
Decisions and obligations
</header>
<text>
The Secretary shall issue a final decision on an application for a national dislocated worker grant under this subsection not later than 45 calendar days after receipt of the application. The Secretary shall issue a notice of obligation for such grant not later than 10 days after the award of such grant.
</text>
</paragraph>
</subsection>
<subsection id="H9483D0B6AD6F4B729DD2609409D6D15E">
<enum>
(c)
</enum>
<header>
Employment and training assistance requirements
</header>
<paragraph id="H4CEBC56BD5F842EAAB63BF371B73C228">
<enum>
(1)
</enum>
<header>
Grant recipient eligibility
</header>
<subparagraph id="HFC66B9F73B1746148757F5AA5238B9FD">
<enum>
(A)
</enum>
<header>
Application
</header>
<text>
To be eligible to receive a grant under subsection (b)(1)(A), an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
</text>
</subparagraph>
<subparagraph id="H493E3353C749450B8DD5906D238FB8A9">
<enum>
(B)
</enum>
<header>
Eligible entity
</header>
<text>
In this paragraph, the term
<term>
entity
</term>
means a State, a local board, an entity described in section 166(c), an entity determined to be eligible by the Governor of the State involved, and any other entity that demonstrates to the Secretary the capability to effectively respond to the circumstances relating to particular dislocations.
</text>
</subparagraph>
</paragraph>
<paragraph id="HAA0FB01C2CE3491FB1E3C4899237A788">
<enum>
(2)
</enum>
<header>
Participant eligibility
</header>
<subparagraph id="H89C6165E4FB64B0BB7F6B3E3DC591AA6">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
In order to be eligible to receive employment and training assistance under a national dislocated worker grant awarded pursuant to subsection (b)(1)(A), an individual shall be—
</text>
<clause id="H9B4790231EA84B4B92DE7C6584E87002">
<enum>
(i)
</enum>
<text>
a dislocated worker;
</text>
</clause>
<clause id="HBE778BB15DC5405995DD14CE21F48FB5">
<enum>
(ii)
</enum>
<text>
a civilian employee of the Department of Defense or the Department of Energy employed at a military installation that is being closed, or that will undergo realignment, within the next 24 months after the date of the determination of eligibility;
</text>
</clause>
<clause id="H83E8914023164BBAA2D2DD838AAE5455">
<enum>
(iii)
</enum>
<text>
an individual who is employed in a nonmanagerial position with a Department of Defense contractor, who is determined by the Secretary of Defense to be at risk of termination from employment as a result of reductions in defense expenditures, and whose employer is converting operations from defense to nondefense applications in order to prevent worker layoffs; or
</text>
</clause>
<clause id="H0473C00F6516453798D9BC02A9782162">
<enum>
(iv)
</enum>
<text>
a member of the Armed Forces who—
</text>
<subclause id="HAEC56AD227004BF0BCDC59C9C0671A42">
<enum>
(I)
</enum>
<text>
was on active duty or full-time National Guard duty;
</text>
</subclause>
<subclause id="H036C4EBE957748409C9346E64DCAE9B6">
<enum>
(II)
</enum>
<item commented="no" display-inline="yes-display-inline" id="HB43D8B03A12A4D52A38FC332D4CC334B">
<enum>
(aa)
</enum>
<text>
is involuntarily separated (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/10/1141">
section 1141
</external-xref>
of title 10, United States Code) from active duty or full-time National Guard duty; or
</text>
</item>
<item id="H3502A6DB075446D3B6407514DD583B90" indent="up1">
<enum>
(bb)
</enum>
<text>
is separated from active duty or full-time National Guard duty pursuant to a special separation benefits program under
<external-xref legal-doc="usc" parsable-cite="usc/10/1174a">
section 1174a
</external-xref>
of title 10, United States Code, or the voluntary separation incentive program under section 1175 of that title;
</text>
</item>
</subclause>
<subclause id="HA63A06DB714A4EEEBDA8FC2D72726586">
<enum>
(III)
</enum>
<text>
is not entitled to retired or retained pay incident to the separation described in subclause (II); and
</text>
</subclause>
<subclause id="H4AEB4FE2F56E471DA121036652B8DC43">
<enum>
(IV)
</enum>
<text>
applies for such employment and training assistance before the end of the 180-day period beginning on the date of that separation.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HBCFE77F020784AAAB52EDAEC7191DFEC">
<enum>
(B)
</enum>
<header>
Retraining assistance
</header>
<text>
The individuals described in subparagraph (A)(iii) shall be eligible for retraining assistance to upgrade skills by obtaining marketable skills needed to support the conversion described in subparagraph (A)(iii).
</text>
</subparagraph>
<subparagraph id="H790EE14E3CE34E41A39DA334C0129348">
<enum>
(C)
</enum>
<header>
Additional requirements
</header>
<text>
The Secretary shall establish and publish additional requirements related to eligibility for employment and training assistance under the national dislocated worker grants to ensure effective use of the funds available for this purpose.
</text>
</subparagraph>
<subparagraph id="HF6E823A2F0824248A5800F0AC139CFE6">
<enum>
(D)
</enum>
<header>
Definitions
</header>
<text>
In this paragraph, the terms
<term>
military installation
</term>
and
<term>
realignment
</term>
have the meanings given the terms in section 2910 of the Defense Base Closure and Realignment Act of 1990 (
<external-xref legal-doc="public-law" parsable-cite="pl/101/510">
Public Law 101–510
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/10/2687">
10 U.S.C. 2687
</external-xref>
note).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HB91CC827C80A4EE58B1E8A6024374F5D">
<enum>
(d)
</enum>
<header>
Disaster relief employment assistance requirements
</header>
<paragraph id="HE8A19AA165F74484AEC6DFD9AF75B3B9">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Funds made available under subsection (b)(1)(B)—
</text>
<subparagraph id="HA995CE645AA144ADBB403678CDC5210F">
<enum>
(A)
</enum>
<text>
shall be used, in coordination with the Administrator of the Federal Emergency Management Agency, as applicable, to provide disaster relief employment on projects that provide food, clothing, shelter, and other humanitarian assistance for emergency and disaster victims, and projects regarding demolition, cleaning, repair, renovation, and reconstruction of damaged and destroyed structures, facilities, and lands located within the disaster area and in offshore areas related to the emergency or disaster;
</text>
</subparagraph>
<subparagraph id="HA6757EA6F9104CE2AC4D530DB6E29F98">
<enum>
(B)
</enum>
<text>
may be expended through public and private agencies and organizations engaged in such projects; and
</text>
</subparagraph>
<subparagraph id="HBB4302FCBCC14939ACD172624AB1ECD5">
<enum>
(C)
</enum>
<text>
may be expended to provide employment and training activities.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2F645021BE6245618C57E2B2994A6453">
<enum>
(2)
</enum>
<header>
Eligibility
</header>
<text>
An individual shall be eligible to be offered disaster relief employment under subsection (b)(1)(B) if such individual—
</text>
<subparagraph id="HF2CB851048B44451B357D1C8CB508C40">
<enum>
(A)
</enum>
<text>
is a dislocated worker;
</text>
</subparagraph>
<subparagraph id="HF64E7D71D6C84B77B6F7C096949E7C27">
<enum>
(B)
</enum>
<text>
is a long-term unemployed individual;
</text>
</subparagraph>
<subparagraph id="H926C70B6F96B44C7A0476B0187C8CB88">
<enum>
(C)
</enum>
<text>
is temporarily or permanently laid off as a consequence of the emergency or disaster; or
</text>
</subparagraph>
<subparagraph id="HFA74D82CE34247659E165D0B7132F9B2">
<enum>
(D)
</enum>
<text>
in the case of an individual who is self-employed, becomes unemployed or significantly underemployed as a result of the emergency or disaster.
</text>
</subparagraph>
</paragraph>
<paragraph id="H07970E9C578049789CCDEA4DBF692D01">
<enum>
(3)
</enum>
<header>
Limitations on disaster relief employment
</header>
<subparagraph id="H5FDFCC7989E34B21A3263BD86E5FEDAC">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Except as provided in subparagraph (B), no individual shall be employed under subsection (b)(1)(B) for more than 12 months for work related to recovery from a single emergency or disaster.
</text>
</subparagraph>
<subparagraph id="H5C5BE27073D2408CAA3355C5DCFDF099">
<enum>
(B)
</enum>
<header>
Extension
</header>
<text>
At the request of a State, the Secretary may extend such employment, related to recovery from a single emergency or disaster involving the State, for not more than an additional 12 months.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HA64318B2CABE4A86A5A3A836C9E8FD61">
<enum>
(4)
</enum>
<header display-inline="yes-display-inline">
Use of available funds
</header>
<text display-inline="yes-display-inline">
Funds made available under subsection (b)(1)(B) shall be available to assist workers described in paragraph (2) who are affected by an emergency or disaster, including workers who have relocated from an area in which an emergency or disaster has been declared or otherwise recognized, as appropriate. Under conditions determined by the Secretary and following notification to the Secretary, a State may use such funds, that are appropriated for any fiscal year and available for expenditure under any grant awarded to the State under this section, to provide any assistance authorized under this subsection. Funds used pursuant to the authority provided under this paragraph shall be subject to the liability and reimbursement requirements described in paragraph (5).
</text>
</paragraph>
<paragraph id="H5D5901195DCD490FB55CE35532D9B94A">
<enum>
(5)
</enum>
<header>
Liability and reimbursement
</header>
<text>
Nothing in this Act shall be construed to relieve liability, by a responsible party that is liable under Federal law, for any costs incurred by the United States under subsection (b)(1)(B) or this subsection, including the responsibility to provide reimbursement for such costs to the United States.
</text>
</paragraph>
</subsection>
</section>
<section id="H06B6F45F86AF4D1C923B76F2A8C43C2D">
<enum>
171.
</enum>
<header>
YouthBuild program
</header>
<subsection id="H36A246078E014874BA217B11BF9C04B4">
<enum>
(a)
</enum>
<header>
Statement of purpose
</header>
<text>
The purposes of this section are—
</text>
<paragraph id="H23D210F306724DB784DFC0E8E2E52CA3">
<enum>
(1)
</enum>
<text>
to enable disadvantaged youth to obtain the education and employment skills necessary to achieve economic self-sufficiency in occupations in demand and postsecondary education and training opportunities;
</text>
</paragraph>
<paragraph id="HBA5773D5B1064328833BF8D663A844A9">
<enum>
(2)
</enum>
<text>
to provide disadvantaged youth with opportunities for meaningful work and service to their communities;
</text>
</paragraph>
<paragraph id="HD2DCD14788D74C769DA34360F60F8AA3">
<enum>
(3)
</enum>
<text>
to foster the development of employment and leadership skills and commitment to community development among youth in low-income communities;
</text>
</paragraph>
<paragraph id="H51E48E00473047C88CF8B5790C4B7F24">
<enum>
(4)
</enum>
<text>
to expand the supply of permanent affordable housing for homeless individuals and low-income families by utilizing the energies and talents of disadvantaged youth; and
</text>
</paragraph>
<paragraph id="H93F63D79337F4CEB8590D069A76362B9">
<enum>
(5)
</enum>
<text>
to improve the quality and energy efficiency of community and other nonprofit and public facilities, including those facilities that are used to serve homeless and low-income families.
</text>
</paragraph>
</subsection>
<subsection id="H6182CF18F2EC4F1286E1541D7D8ACB83">
<enum>
(b)
</enum>
<header>
Definitions
</header>
<text>
In this section:
</text>
<paragraph id="HE2E62E0E404649A7BCCF5761123EC2EB">
<enum>
(1)
</enum>
<header>
Adjusted income
</header>
<text>
The term
<term>
adjusted income
</term>
has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (
<external-xref legal-doc="usc" parsable-cite="usc/42/1437a">
42 U.S.C. 1437a(b)
</external-xref>
).
</text>
</paragraph>
<paragraph id="HB3166A9C27A144EE9FA8208AC1A0AF09">
<enum>
(2)
</enum>
<header>
Applicant
</header>
<text>
The term
<term>
applicant
</term>
means an eligible entity that has submitted an application under subsection (c).
</text>
</paragraph>
<paragraph id="HACCFF215601942D895F989750E1D4FE4">
<enum>
(3)
</enum>
<header>
Eligible entity
</header>
<text>
The term
<term>
eligible entity
</term>
means a public or private nonprofit agency or organization (including a consortium of such agencies or organizations), including—
</text>
<subparagraph id="H490366B5E7774483AB038C8EAC873373">
<enum>
(A)
</enum>
<text>
a community-based organization;
</text>
</subparagraph>
<subparagraph id="HA7F2ED3DDBB34DF995A76343837F65A2">
<enum>
(B)
</enum>
<text>
a faith-based organization;
</text>
</subparagraph>
<subparagraph id="H1F61A2CF31A349B4A644ED9A03860B6B">
<enum>
(C)
</enum>
<text>
an entity carrying out activities under this title, such as a local board;
</text>
</subparagraph>
<subparagraph id="HF4F777431DA24EA596FE23EA035C7209">
<enum>
(D)
</enum>
<text>
a community action agency;
</text>
</subparagraph>
<subparagraph id="H29F076E60B734AC3BB43EACA35FF32DA">
<enum>
(E)
</enum>
<text>
a State or local housing development agency;
</text>
</subparagraph>
<subparagraph id="HBA5F21703DAA4C58965130D4D0463B2D">
<enum>
(F)
</enum>
<text>
an Indian tribe or other agency primarily serving Indians;
</text>
</subparagraph>
<subparagraph id="HCE801B5BE5504E2D8378828FC0FBE91C">
<enum>
(G)
</enum>
<text>
a community development corporation;
</text>
</subparagraph>
<subparagraph id="H7DF34C22B7FD46EF91A4B5A6D3637D43">
<enum>
(H)
</enum>
<text>
a State or local youth service or conservation corps; and
</text>
</subparagraph>
<subparagraph id="HDA800F0D1D5B4191BEECF4A7180DA495">
<enum>
(I)
</enum>
<text>
any other entity eligible to provide education or employment training under a Federal program (other than the program carried out under this section).
</text>
</subparagraph>
</paragraph>
<paragraph id="H846B4B19D9A54315AB020B9EFB5075F7">
<enum>
(4)
</enum>
<header>
Homeless individual
</header>
<text>
The term
<term>
homeless individual
</term>
means a homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 (
<external-xref legal-doc="usc" parsable-cite="usc/42/14043e-2">
42 U.S.C. 14043e–2(6)
</external-xref>
)) or a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/11434a">
42 U.S.C. 11434a(2)
</external-xref>
)).
</text>
</paragraph>
<paragraph id="H0112FDBD46C441BBB7FE3B5E2D56FDA5">
<enum>
(5)
</enum>
<header>
Housing development agency
</header>
<text>
The term
<term>
housing development agency
</term>
means any agency of a State or local government, or any private nonprofit organization, that is engaged in providing housing for homeless individuals or low-income families.
</text>
</paragraph>
<paragraph id="H2683A8A9571F47B297E58708C53A8DD8">
<enum>
(6)
</enum>
<header>
Income
</header>
<text>
The term
<term>
income
</term>
has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (
<external-xref legal-doc="usc" parsable-cite="usc/42/1437a">
42 U.S.C. 1437a(b)
</external-xref>
).
</text>
</paragraph>
<paragraph id="H3E96107C254D495FA39F6656A07AD5D6">
<enum>
(7)
</enum>
<header>
Indian; indian tribe
</header>
<text>
The terms
<term>
Indian
</term>
and
<term>
Indian tribe
</term>
have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/25/450b">
25 U.S.C. 450b
</external-xref>
).
</text>
</paragraph>
<paragraph id="H15405D7DB40544C7B34A50FD1EE1623B">
<enum>
(8)
</enum>
<header>
Low-income family
</header>
<text>
The term
<term>
low-income family
</term>
means a family described in section 3(b)(2) of the United States Housing Act of 1937 (
<external-xref legal-doc="usc" parsable-cite="usc/42/1437a">
42 U.S.C. 1437a(b)(2)
</external-xref>
).
</text>
</paragraph>
<paragraph id="H1A45EE2413FC493A93E54CA6B7EF7A4F">
<enum>
(9)
</enum>
<header>
Qualified national nonprofit agency
</header>
<text>
The term
<term>
qualified national nonprofit agency
</term>
means a nonprofit agency that—
</text>
<subparagraph id="HA832CFAB781D4C60BBF46B42AD5F4E63">
<enum>
(A)
</enum>
<text>
has significant national experience providing services consisting of training, information, technical assistance, and data management to YouthBuild programs or similar projects; and
</text>
</subparagraph>
<subparagraph id="H7FCE4B2F772C4AE081BF5C80BD7F57EB">
<enum>
(B)
</enum>
<text>
has the capacity to provide those services.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD06D43CDF0A7456CA4C68A40D41CAFA9">
<enum>
(10)
</enum>
<header>
Registered apprenticeship program
</header>
<text>
The term
<term>
registered apprenticeship program
</term>
means an apprenticeship program—
</text>
<subparagraph id="HCAD56862D5E94193832AA7A1788F02F1">
<enum>
(A)
</enum>
<text>
registered under the Act of August 16, 1937 (commonly known as the
<quote>
National Apprenticeship Act
</quote>
; 50 Stat. 664, chapter 663;
<external-xref legal-doc="usc" parsable-cite="usc/29/50">
29 U.S.C. 50 et seq.
</external-xref>
); and
</text>
</subparagraph>
<subparagraph id="H504CB79D69D04F36B58F00DD42FD20F5">
<enum>
(B)
</enum>
<text>
that meets such other criteria as may be established by the Secretary under this section.
</text>
</subparagraph>
</paragraph>
<paragraph id="H4C5004D0EAA9456F9F99E65708B266F6">
<enum>
(11)
</enum>
<header>
Transitional housing
</header>
<text>
The term
<term>
transitional housing
</term>
has the meaning given the term in section 401(29) of the McKinney-Vento Homeless Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/11360">
42 U.S.C. 11360(29)
</external-xref>
).
</text>
</paragraph>
<paragraph id="H1FFD948E332C4B9C9974B611DA803131">
<enum>
(12)
</enum>
<header>
YouthBuild program
</header>
<text>
The term
<term>
YouthBuild program
</term>
means any program that receives assistance under this section and provides disadvantaged youth with opportunities for employment, education, leadership development, and training through the rehabilitation (which, for purposes of this section, shall include energy efficiency enhancements) or construction of housing for homeless individuals and low-income families, and of public facilities.
</text>
</paragraph>
</subsection>
<subsection id="H615603476FCB4E22A8FC0AD486CD7061">
<enum>
(c)
</enum>
<header>
YouthBuild grants
</header>
<paragraph id="HAB90F6CBFC2D4EDC9E8F9529485A9E7B">
<enum>
(1)
</enum>
<header>
Amounts of grants
</header>
<text>
The Secretary is authorized to make grants to applicants for the purpose of carrying out YouthBuild programs approved under this section.
</text>
</paragraph>
<paragraph id="H9D56660EADDC4C97A68192F66B2130D0">
<enum>
(2)
</enum>
<header>
Eligible activities
</header>
<text>
An entity that receives a grant under this subsection shall use the funds made available through the grant to carry out a YouthBuild program, which may include the following activities:
</text>
<subparagraph id="H27831431506B424C95F75AB5CC0AB8D5">
<enum>
(A)
</enum>
<text>
Education and workforce investment activities including—
</text>
<clause id="H81AA8B14C519442EA3284BD763797598">
<enum>
(i)
</enum>
<text>
work experience and skills training (coordinated, to the maximum extent feasible, with preapprenticeship and registered apprenticeship programs) in the activities described in subparagraphs (B) and (C) related to rehabilitation or construction, and, if approved by the Secretary, in additional in-demand industry sectors or occupations in the region in which the program operates;
</text>
</clause>
<clause id="H3EFC5D95775340248BBD4AC383225DCF">
<enum>
(ii)
</enum>
<text>
occupational skills training;
</text>
</clause>
<clause id="HDCE4B587CA41493398693F93070E3672">
<enum>
(iii)
</enum>
<text>
other paid and unpaid work experiences, including internships and job shadowing;
</text>
</clause>
<clause id="HF56C4B93F1F546D0925620FA657BE63F">
<enum>
(iv)
</enum>
<text>
services and activities designed to meet the educational needs of participants, including—
</text>
<subclause id="H16B9690E376F475F88FE18AFA7AF18EA">
<enum>
(I)
</enum>
<text>
basic skills instruction and remedial education;
</text>
</subclause>
<subclause id="H74BA73FB7E744B94AE89387B627DCD51">
<enum>
(II)
</enum>
<text>
language instruction educational programs for participants who are English language learners;
</text>
</subclause>
<subclause id="H435836E80EC746E69262560CCB60D4B0">
<enum>
(III)
</enum>
<text>
secondary education services and activities, including tutoring, study skills training, and school dropout prevention and recovery activities, designed to lead to the attainment of a secondary school diploma or its recognized equivalent (including recognized certificates of attendance or similar documents for individuals with disabilities);
</text>
</subclause>
<subclause id="H8F485B5338294F3F8D22234F90D5258D">
<enum>
(IV)
</enum>
<text>
counseling and assistance in obtaining postsecondary education and required financial aid; and
</text>
</subclause>
<subclause id="HA2E09603CF534A8F9ACCBB633A9E35B5">
<enum>
(V)
</enum>
<text>
alternative secondary school services;
</text>
</subclause>
</clause>
<clause id="H8E3717B76D694173ACAB1E0A37A5818C">
<enum>
(v)
</enum>
<text>
counseling services and related activities, such as comprehensive guidance and counseling on drug and alcohol abuse and referral;
</text>
</clause>
<clause id="HC039BB7726A1465D816F961BB0E06C40">
<enum>
(vi)
</enum>
<text>
activities designed to develop employment and leadership skills, which may include community service and peer-centered activities encouraging responsibility and other positive social behaviors, and activities related to youth policy committees that participate in decision-making related to the program;
</text>
</clause>
<clause id="H02A2C9061FB54A34A93146A095D64424">
<enum>
(vii)
</enum>
<text>
supportive services and provision of need-based stipends necessary to enable individuals to participate in the program and to assist individuals, for a period not to exceed 12 months after the completion of training, in obtaining or retaining employment, or applying for and transitioning to postsecondary education or training; and
</text>
</clause>
<clause id="H177CAA30C18C43DC87B11890822DB131">
<enum>
(viii)
</enum>
<text>
job search and assistance.
</text>
</clause>
</subparagraph>
<subparagraph id="HE76B17D2F6FD46A394DF31CDAB140F49">
<enum>
(B)
</enum>
<text>
Supervision and training for participants in the rehabilitation or construction of housing, including residential housing for homeless individuals or low-income families, or transitional housing for homeless individuals, and, if approved by the Secretary, in additional in-demand industry sectors or occupations in the region in which the program operates.
</text>
</subparagraph>
<subparagraph id="HC94C7840A6E14CFB8C79B6B7D2370F6E">
<enum>
(C)
</enum>
<text>
Supervision and training for participants—
</text>
<clause id="HEF0F9181116845A49C1D7DA0207D10AF">
<enum>
(i)
</enum>
<text>
in the rehabilitation or construction of community and other public facilities, except that not more than 15 percent of funds appropriated to carry out this section may be used for such supervision and training; and
</text>
</clause>
<clause id="HEF4D6C785C1D4D03A8C8B1767F04B8FE">
<enum>
(ii)
</enum>
<text>
if approved by the Secretary, in additional in-demand industry sectors or occupations in the region in which the program operates.
</text>
</clause>
</subparagraph>
<subparagraph id="H0DFF033A87D643E6BE7203EAA2B1BFCC">
<enum>
(D)
</enum>
<text>
Payment of administrative costs of the applicant, including recruitment and selection of participants, except that not more than 10 percent of the amount of assistance provided under this subsection to the grant recipient may be used for such costs.
</text>
</subparagraph>
<subparagraph id="H86F7696E1E3A46C09DDD4E7D7520295C">
<enum>
(E)
</enum>
<text>
Adult mentoring.
</text>
</subparagraph>
<subparagraph id="H33444831FB6843D8BA523A23415CB3F5">
<enum>
(F)
</enum>
<text>
Provision of wages, stipends, or benefits to participants in the program.
</text>
</subparagraph>
<subparagraph id="H639C8E65AAEB4345964EF6E13D91C263">
<enum>
(G)
</enum>
<text>
Ongoing training and technical assistance that are related to developing and carrying out the program.
</text>
</subparagraph>
<subparagraph id="HD14E9201721A46DA8876C78E5A5BA207">
<enum>
(H)
</enum>
<text>
Follow-up services.
</text>
</subparagraph>
</paragraph>
<paragraph id="H288252740E624FB69224309DCDA7FD79">
<enum>
(3)
</enum>
<header>
Application
</header>
<subparagraph id="H227A3946B66F46B696C81F638F206764">
<enum>
(A)
</enum>
<header>
Form and procedure
</header>
<text>
To be qualified to receive a grant under this subsection, an eligible entity shall submit an application at such time, in such manner, and containing such information as the Secretary may require.
</text>
</subparagraph>
<subparagraph id="HBD730700C7D94C67BFBC9FCD5354CE80">
<enum>
(B)
</enum>
<header>
Minimum requirements
</header>
<text>
The Secretary shall require that the application contain, at a minimum—
</text>
<clause id="H06D85F8CB00445A08BAE1271DE60084C">
<enum>
(i)
</enum>
<text>
labor market information for the labor market area where the proposed program will be implemented, including both current data (as of the date of submission of the application) and projections on career opportunities in construction and in-demand industry sectors or occupations;
</text>
</clause>
<clause id="HA78193D1DCB944CA84B8B1916793F094">
<enum>
(ii)
</enum>
<text>
a request for the grant, specifying the amount of the grant requested and its proposed uses;
</text>
</clause>
<clause id="H37CAB8573BDF41B298633BEFD1D6985F">
<enum>
(iii)
</enum>
<text>
a description of the applicant and a statement of its qualifications, including a description of the applicant’s relationship with local boards, one-stop operators, local unions, entities carrying out registered apprenticeship programs, other community groups, and employers, and the applicant’s past experience, if any, with rehabilitation or construction of housing or public facilities, and with youth education and employment training programs;
</text>
</clause>
<clause id="HB9EEF4315B9E438CAEB144AEBA0EB35C">
<enum>
(iv)
</enum>
<text>
a description of the proposed site for the proposed program;
</text>
</clause>
<clause id="H27489CA7735C4EAF91DE0EE9FE8917E2">
<enum>
(v)
</enum>
<text>
a description of the educational and job training activities, work opportunities, postsecondary education and training opportunities, and other services that will be provided to participants, and how those activities, opportunities, and services will prepare youth for employment in in-demand industry sectors or occupations in the labor market area described in clause (i);
</text>
</clause>
<clause id="H0BFD083A9A55406FA8F5F9B683E67E26">
<enum>
(vi)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H5B5B0E2449004C4CA866EA4D869E0173">
<enum>
(I)
</enum>
<text>
a description of the proposed activities to be undertaken under the grant related to rehabilitation or construction, and, in the case of an applicant requesting approval from the Secretary to also carry out additional activities related to in-demand industry sectors or occupations, a description of such additional proposed activities; and
</text>
</subclause>
<subclause id="H5F4BE73AE50C4713AA9CBCF5D089CD66" indent="up1">
<enum>
(II)
</enum>
<text>
the anticipated schedule for carrying out all activities proposed under subclause (I);
</text>
</subclause>
</clause>
<clause id="H34D4E74687334FCFA8447EB85005821D">
<enum>
(vii)
</enum>
<text>
a description of the manner in which eligible youth will be recruited and selected as participants, including a description of arrangements that will be made with local boards, one-stop operators, faith- and community-based organizations, State educational agencies or local educational agencies (including agencies of Indian tribes), public assistance agencies, the courts of jurisdiction, agencies operating shelters for homeless individuals and other agencies that serve youth who are homeless individuals, foster care agencies, and other appropriate public and private agencies;
</text>
</clause>
<clause id="HB4210018EA55453795FDBFD97DE1F628">
<enum>
(viii)
</enum>
<text>
a description of the special outreach efforts that will be undertaken to recruit eligible young women (including young women with dependent children) as participants;
</text>
</clause>
<clause id="H652902F7E69943348B97422DF3EB5537">
<enum>
(ix)
</enum>
<text>
a description of the specific role of employers in the proposed program, such as their role in developing the proposed program and assisting in service provision and in placement activities;
</text>
</clause>
<clause id="H815C539520BA4F1E8B9D1437BB27797A">
<enum>
(x)
</enum>
<text>
a description of how the proposed program will be coordinated with other Federal, State, and local activities and activities conducted by Indian tribes, such as local workforce investment activities, career and technical education and training programs, adult and language instruction educational programs, activities conducted by public schools, activities conducted by community colleges, national service programs, and other job training provided with funds available under this title;
</text>
</clause>
<clause id="H4E8CD25D89AE4B40B5E237DFCA7E4C12">
<enum>
(xi)
</enum>
<text>
assurances that there will be a sufficient number of adequately trained supervisory personnel in the proposed program;
</text>
</clause>
<clause id="HE2C24DAB34EA46B5BB018E26A3FFF68B">
<enum>
(xii)
</enum>
<text>
a description of the levels of performance to be achieved with respect to the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii);
</text>
</clause>
<clause id="H96580931EF194777BDE110C454E934F1">
<enum>
(xiii)
</enum>
<text>
a description of the applicant’s relationship with local building trade unions regarding their involvement in training to be provided through the proposed program, the relationship of the proposed program to established registered apprenticeship programs and employers, the ability of the applicant to grant an industry-recognized certificate or certification through the program, and the quality of the program leading to the certificate or certification;
</text>
</clause>
<clause id="H269CF2657BE44E83962E5B7912CC3C11">
<enum>
(xiv)
</enum>
<text>
a description of activities that will be undertaken to develop the leadership skills of participants;
</text>
</clause>
<clause id="HCC2DCCF57CDC4BD681452088237DBF02">
<enum>
(xv)
</enum>
<text>
a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures, that will be used to ensure fiscal soundness for the proposed program;
</text>
</clause>
<clause id="H5BD61547702842DF8B675117FEA491F9">
<enum>
(xvi)
</enum>
<text>
a description of the commitments for any additional resources (in addition to the funds made available through the grant) to be made available to the proposed program from—
</text>
<subclause id="H379A1806A6DE43E09D289F4EF56ADD48">
<enum>
(I)
</enum>
<text>
the applicant;
</text>
</subclause>
<subclause id="H3D700280F28A4FA6B006D21A2EE2C592">
<enum>
(II)
</enum>
<text>
recipients of other Federal, State, or local housing and community development assistance that will sponsor any part of the rehabilitation or construction, operation and maintenance, or other housing and community development activities undertaken as part of the proposed program; or
</text>
</subclause>
<subclause id="H2493D581C1EA4833AA0BED4C67EA2D40">
<enum>
(III)
</enum>
<text>
entities carrying out other Federal, State, or local activities or activities conducted by Indian tribes, including career and technical education and training programs, adult and language instruction educational programs, and job training provided with funds available under this title;
</text>
</subclause>
</clause>
<clause id="H95BD105E63834CD8B320C14BC650895D">
<enum>
(xvii)
</enum>
<text>
information identifying, and a description of, the financing proposed for any—
</text>
<subclause id="H25CB40F1D3AB4915A9592509A0539DBE">
<enum>
(I)
</enum>
<text>
rehabilitation of the property involved;
</text>
</subclause>
<subclause id="H85C9BAF71C4D48A19047AD821C61A59D">
<enum>
(II)
</enum>
<text>
acquisition of the property; or
</text>
</subclause>
<subclause id="HBB10CB50FBDB4680B20CE878DD15DB04">
<enum>
(III)
</enum>
<text>
construction of the property;
</text>
</subclause>
</clause>
<clause id="H95FB3ABEBD9D4C9EA6C73A9D6AE67AFE">
<enum>
(xviii)
</enum>
<text>
information identifying, and a description of, the entity that will operate and manage the property;
</text>
</clause>
<clause id="H648F8839B7024F0F9F132F05E345C81F">
<enum>
(xix)
</enum>
<text>
information identifying, and a description of, the data collection systems to be used;
</text>
</clause>
<clause id="HFA4ABDC94DB845F3B900637226CA4519">
<enum>
(xx)
</enum>
<text>
a certification, by a public official responsible for the housing strategy for the State or unit of general local government within which the proposed program is located, that the proposed program is consistent with the housing strategy; and
</text>
</clause>
<clause id="HF4E10D07849549D2B728B5DA8CA0158F">
<enum>
(xxi)
</enum>
<text>
a certification that the applicant will comply with the requirements of the Fair Housing Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3601">
42 U.S.C. 3601 et seq.
</external-xref>
) and will affirmatively further fair housing.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H46096180A0A347889AFA02E3D4DE05B9">
<enum>
(4)
</enum>
<header>
Selection criteria
</header>
<text>
For an applicant to be eligible to receive a grant under this subsection, the applicant and the applicant’s proposed program shall meet such selection criteria as the Secretary shall establish under this section, which shall include criteria relating to—
</text>
<subparagraph id="H4833D26591004A979F6CA6A78FE54CE9">
<enum>
(A)
</enum>
<text>
the qualifications or potential capabilities of an applicant;
</text>
</subparagraph>
<subparagraph id="H269B77B6EB6C4CF5BB6C365CE1A6F36F">
<enum>
(B)
</enum>
<text>
an applicant’s potential for developing a successful YouthBuild program;
</text>
</subparagraph>
<subparagraph id="H0946B0390EEB436990963CE7C74BC1E6">
<enum>
(C)
</enum>
<text>
the need for an applicant’s proposed program, as determined by the degree of economic distress of the community from which participants would be recruited (measured by indicators such as poverty, youth unemployment, and the number of individuals who have dropped out of secondary school) and of the community in which the housing and community and public facilities proposed to be rehabilitated or constructed is located (measured by indicators such as incidence of homelessness, shortage of affordable housing, and poverty);
</text>
</subparagraph>
<subparagraph id="H09D0082A180E4ABA9B8CECD7605AB755">
<enum>
(D)
</enum>
<text>
the commitment of an applicant to providing skills training, leadership development, and education to participants;
</text>
</subparagraph>
<subparagraph id="H623087349148419FAC7318B3A1C0FFBB">
<enum>
(E)
</enum>
<text>
the focus of a proposed program on preparing youth for in-demand industry sectors or occupations, or postsecondary education and training opportunities;
</text>
</subparagraph>
<subparagraph id="HECE01CFAFCB9466F88A75C7D9D0135F0">
<enum>
(F)
</enum>
<text>
the extent of an applicant’s coordination of activities to be carried out through the proposed program with local boards, one-stop operators, and one-stop partners participating in the operation of the one-stop delivery system involved, or the extent of the applicant’s good faith efforts in achieving such coordination;
</text>
</subparagraph>
<subparagraph id="HB2670C99ADFE40AFAC15A18A2DAED81B">
<enum>
(G)
</enum>
<text>
the extent of the applicant’s coordination of activities with public education, criminal justice, housing and community development, national service, or postsecondary education or other systems that relate to the goals of the proposed program;
</text>
</subparagraph>
<subparagraph id="H3A9D603DA3BC4288B0F0F78B83B26325">
<enum>
(H)
</enum>
<text>
the extent of an applicant’s coordination of activities with employers in the local area involved;
</text>
</subparagraph>
<subparagraph id="H59D4917A52124E05B34593C638B84775">
<enum>
(I)
</enum>
<text>
the extent to which a proposed program provides for inclusion of tenants who were previously homeless individuals in the rental housing provided through the program;
</text>
</subparagraph>
<subparagraph id="HD6EE64CF5F4B474BAAB93E63EE1C1179">
<enum>
(J)
</enum>
<text>
the commitment of additional resources (in addition to the funds made available through the grant) to a proposed program by—
</text>
<clause id="H4B4F7D6C12A4437B93E7FAEFCA97B05A">
<enum>
(i)
</enum>
<text>
an applicant;
</text>
</clause>
<clause id="H78F64F58CB974452874744972514E0AE">
<enum>
(ii)
</enum>
<text>
recipients of other Federal, State, or local housing and community development assistance who will sponsor any part of the rehabilitation or construction, operation and maintenance, or other housing and community development activities undertaken as part of the proposed program; or
</text>
</clause>
<clause id="H691710611C07453B86C7CD4085D250FF">
<enum>
(iii)
</enum>
<text>
entities carrying out other Federal, State, or local activities or activities conducted by Indian tribes, including career and technical education and training programs, adult and language instruction educational programs, and job training provided with funds available under this title;
</text>
</clause>
</subparagraph>
<subparagraph id="H2CD2C4FC11284516841B94D82F99DA1A">
<enum>
(K)
</enum>
<text>
the applicant’s potential to serve different regions, including rural areas and States that have not previously received grants for YouthBuild programs; and
</text>
</subparagraph>
<subparagraph id="H1D934AFC425B4F14989F3600E9C0FF2F">
<enum>
(L)
</enum>
<text>
such other factors as the Secretary determines to be appropriate for purposes of carrying out the proposed program in an effective and efficient manner.
</text>
</subparagraph>
</paragraph>
<paragraph id="H4953722885C040DAB3AD2BE972C1687B">
<enum>
(5)
</enum>
<header>
Approval
</header>
<text>
To the extent practicable, the Secretary shall notify each applicant, not later than 5 months after the date of receipt of the application by the Secretary, whether the application is approved or not approved.
</text>
</paragraph>
</subsection>
<subsection id="H3A4B7430A2B6471BA50C5DFD3A6A13FF">
<enum>
(d)
</enum>
<header>
Use of housing units
</header>
<text>
Residential housing units rehabilitated or constructed using funds made available under subsection (c), shall be available solely—
</text>
<paragraph id="H3FD7C793BF3D465D9CB54FB83F6F5D77">
<enum>
(1)
</enum>
<text>
for rental by, or sale to, homeless individuals or low-income families; or
</text>
</paragraph>
<paragraph id="H9D92E9EF46CA432EA73FE0E69036B9EE">
<enum>
(2)
</enum>
<text>
for use as transitional or permanent housing, for the purpose of assisting in the movement of homeless individuals to independent living.
</text>
</paragraph>
</subsection>
<subsection id="H5ED5B833F1F74BE8BCAB085A5D45CEAD">
<enum>
(e)
</enum>
<header>
Additional program requirements
</header>
<paragraph id="HB72DAC9DED5E449A982C20FC1C0372B7">
<enum>
(1)
</enum>
<header>
Eligible participants
</header>
<subparagraph id="H3D65574C91C948E9B2E19EF4D6907A0F">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Except as provided in subparagraph (B), an individual may participate in a YouthBuild program only if such individual is—
</text>
<clause id="H04CDA54B9E6C47969336223A98670F4A">
<enum>
(i)
</enum>
<text>
not less than age 16 and not more than age 24, on the date of enrollment;
</text>
</clause>
<clause id="HAECE9C92097947C1977FA8B0365AAB68">
<enum>
(ii)
</enum>
<text>
a member of a low-income family, a youth in foster care (including youth aging out of foster care), a youth offender, a youth who is an individual with a disability, a child of incarcerated parents, or a migrant youth; and
</text>
</clause>
<clause id="HBBF6FBA506FE486CA7D300226C994A0E">
<enum>
(iii)
</enum>
<text>
a school dropout, or an individual who was a school dropout and has subsequently reenrolled.
</text>
</clause>
</subparagraph>
<subparagraph id="HE1320D22E12F491C9AA95B7CE657BB96">
<enum>
(B)
</enum>
<header>
Exception for individuals not meeting income or educational need requirements
</header>
<text>
Not more than 25 percent of the participants in such program may be individuals who do not meet the requirements of clause (ii) or (iii) of subparagraph (A), but who—
</text>
<clause id="HA62600D286EE413D95C2177A2B9C6CC1">
<enum>
(i)
</enum>
<text>
are basic skills deficient, despite attainment of a secondary school diploma or its recognized equivalent (including recognized certificates of attendance or similar documents for individuals with disabilities); or
</text>
</clause>
<clause id="HDFE823D9F8004B968C0FDFE0268A2292">
<enum>
(ii)
</enum>
<text>
have been referred by a local secondary school for participation in a YouthBuild program leading to the attainment of a secondary school diploma.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H88D3FDB47125446897068B4C68DD5880">
<enum>
(2)
</enum>
<header>
Participation limitation
</header>
<text>
An eligible individual selected for participation in a YouthBuild program shall be offered full-time participation in the program for a period of not less than 6 months and not more than 24 months.
</text>
</paragraph>
<paragraph id="HDD5F26AC6ECC4ED2B313BB31BECC11CE">
<enum>
(3)
</enum>
<header>
Minimum time devoted to educational services and activities
</header>
<text>
A YouthBuild program receiving assistance under subsection (c) shall be structured so that participants in the program are offered—
</text>
<subparagraph id="HCA0D34C6484B4C06A252579020364DBC">
<enum>
(A)
</enum>
<text>
education and related services and activities designed to meet educational needs, such as those specified in clauses (iv) through (vii) of subsection (c)(2)(A), during at least 50 percent of the time during which the participants participate in the program; and
</text>
</subparagraph>
<subparagraph id="HEB4AA430BD1B4D3DAF1D1AA044CE11C1">
<enum>
(B)
</enum>
<text>
work and skill development activities, such as those specified in clauses (i), (ii), (iii), and (viii) of subsection (c)(2)(A), during at least 40 percent of the time during which the participants participate in the program.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA6148C63CAE44063A6C9CC2228D56A7F">
<enum>
(4)
</enum>
<header>
Authority restriction
</header>
<text>
No provision of this section may be construed to authorize any agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution (including a school) or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system.
</text>
</paragraph>
<paragraph id="H5219D2645BAD4108B30097E53C00F7F8">
<enum>
(5)
</enum>
<header>
State and local standards
</header>
<text>
All educational programs and activities supported with funds provided under subsection (c) shall be consistent with applicable State and local educational standards. Standards and procedures for the programs and activities that relate to awarding academic credit for and certifying educational attainment in such programs and activities shall be consistent with applicable State and local educational standards.
</text>
</paragraph>
</subsection>
<subsection id="H59384D78EE8B440896E9E1EA4E1B4688">
<enum>
(f)
</enum>
<header>
Levels of performance and indicators
</header>
<paragraph id="H6944049CFDDF477A8F913C742A01E355">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Secretary shall annually establish expected levels of performance for YouthBuild programs relating to each of the primary indicators of performance for eligible youth activities described in section 116(b)(2)(A)(ii).
</text>
</paragraph>
<paragraph id="HA3D546BB0A2A4C88B3AD9A5EC363128D">
<enum>
(2)
</enum>
<header>
Additional indicators
</header>
<text>
The Secretary may establish expected levels of performance for additional indicators for YouthBuild programs, as the Secretary determines appropriate.
</text>
</paragraph>
</subsection>
<subsection id="H432A27EDA6374C3CA244483B79CCB1FD">
<enum>
(g)
</enum>
<header>
Management and technical assistance
</header>
<paragraph id="HDC1E82DA92AC414CBFF4FF257A5CBD44">
<enum>
(1)
</enum>
<header>
Secretary assistance
</header>
<text>
The Secretary may enter into contracts with 1 or more entities to provide assistance to the Secretary in the management, supervision, and coordination of the program carried out under this section.
</text>
</paragraph>
<paragraph id="H4ABE3781D4CE48CC9912984129313507">
<enum>
(2)
</enum>
<header>
Technical assistance
</header>
<subparagraph id="HD264EBB43BFF4F208AE49BF3B27566BD">
<enum>
(A)
</enum>
<header>
Contracts and grants
</header>
<text>
The Secretary shall enter into contracts with or make grants to 1 or more qualified national nonprofit agencies, in order to provide training, information, technical assistance, program evaluation, and data management to recipients of grants under subsection (c).
</text>
</subparagraph>
<subparagraph id="HF24A7886737C4BF9A0945D0758CB9C4C">
<enum>
(B)
</enum>
<header>
Reservation of funds
</header>
<text>
Of the amounts available under subsection (i) to carry out this section for a fiscal year, the Secretary shall reserve 5 percent to carry out subparagraph (A).
</text>
</subparagraph>
</paragraph>
<paragraph id="HC8AC916D65ED4533877B49842943477A">
<enum>
(3)
</enum>
<header>
Capacity building grants
</header>
<subparagraph id="HEF407E6EC69B468DA2AF1C471F02553B">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
In each fiscal year, the Secretary may use not more than 3 percent of the amounts available under subsection (i) to award grants to 1 or more qualified national nonprofit agencies to pay for the Federal share of the cost of capacity building activities.
</text>
</subparagraph>
<subparagraph id="HF7F0D2429B5D4F3D8BFBB9631028CD25">
<enum>
(B)
</enum>
<header>
Federal share
</header>
<text>
The Federal share of the cost described in subparagraph (A) shall be 25 percent. The non-Federal share shall be provided from private sources.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H476CD6F3CC9446DAA193DA77615B4DF5">
<enum>
(h)
</enum>
<header>
Subgrants and contracts
</header>
<text>
Each recipient of a grant under subsection (c) to carry out a YouthBuild program shall provide the services and activities described in this section directly or through subgrants, contracts, or other arrangements with local educational agencies, institutions of higher education, State or local housing development agencies, other public agencies, including agencies of Indian tribes, or private organizations.
</text>
</subsection>
<subsection id="HB390BF850E464DD3B25609D0E9907F80">
<enum>
(i)
</enum>
<header>
Authorization of appropriations
</header>
<text>
There are authorized to be appropriated to carry out this section—
</text>
<paragraph id="HE055277960A6450BB3FD53C45CF22522">
<enum>
(1)
</enum>
<text>
$77,534,000 for fiscal year 2015;
</text>
</paragraph>
<paragraph id="H77204EC4BD08446F9887318EDC5E7E68">
<enum>
(2)
</enum>
<text>
$83,523,000 for fiscal year 2016;
</text>
</paragraph>
<paragraph id="HDC63BA76192F43DDB67DF3FC515B5246">
<enum>
(3)
</enum>
<text>
$85,256,000 for fiscal year 2017;
</text>
</paragraph>
<paragraph id="H2114F0705DF148DD8F7372A9BBC3607B">
<enum>
(4)
</enum>
<text>
$87,147,000 for fiscal year 2018;
</text>
</paragraph>
<paragraph id="H5A5787F8F54A4B5789BB8D5C579200BE">
<enum>
(5)
</enum>
<text>
$89,196,000 for fiscal year 2019; and
</text>
</paragraph>
<paragraph id="HD9C87EC6D3784A70BA38EAC5A9CBFA1D">
<enum>
(6)
</enum>
<text>
$91,087,000 for fiscal year 2020.
</text>
</paragraph>
</subsection>
</section>
<section id="H5C1D3B435AEE4DEABA8536D476E4C32A">
<enum>
172.
</enum>
<header>
Authorization of appropriations
</header>
<subsection id="H38F336F8EA77453D9D6DADBB1288FE33">
<enum>
(a)
</enum>
<header>
Native American programs
</header>
<text>
There are authorized to be appropriated to carry out section 166 (not including subsection (k) of such section)—
</text>
<paragraph id="HF7E82C05F1CD432A945966F82B9BCEAB">
<enum>
(1)
</enum>
<text>
$46,082,000 for fiscal year 2015;
</text>
</paragraph>
<paragraph id="H7E24E25155DB499984EC6F508DDD65DF">
<enum>
(2)
</enum>
<text>
$49,641,000 for fiscal year 2016;
</text>
</paragraph>
<paragraph id="H3313873731184C40AFC1ACAB52CFA0EF">
<enum>
(3)
</enum>
<text>
$50,671,000 for fiscal year 2017;
</text>
</paragraph>
<paragraph id="H4763208AB33148898D6765D01BFCA87B">
<enum>
(4)
</enum>
<text>
$51,795,000 for fiscal year 2018;
</text>
</paragraph>
<paragraph id="H8AD529308B14455BAB9A23C3BC74A2D6">
<enum>
(5)
</enum>
<text>
$53,013,000 for fiscal year 2019; and
</text>
</paragraph>
<paragraph id="H030A58E502344BED90F2AC4A3A66FB01">
<enum>
(6)
</enum>
<text>
$54,137,000 for fiscal year 2020.
</text>
</paragraph>
</subsection>
<subsection id="HF21DA355E9A6404F8689C7D41E8A43F6">
<enum>
(b)
</enum>
<header>
Migrant and seasonal farmworker programs
</header>
<text>
There are authorized to be appropriated to carry out section 167—
</text>
<paragraph id="HEB18591C0EA941F6B5B8134880EF0568">
<enum>
(1)
</enum>
<text>
$81,896,000 for fiscal year 2015;
</text>
</paragraph>
<paragraph id="H64283E53319F4BD8A287989637FF1784">
<enum>
(2)
</enum>
<text>
$88,222,000 for fiscal year 2016;
</text>
</paragraph>
<paragraph id="H6613496EB98540C7AD006D6137E11B06">
<enum>
(3)
</enum>
<text>
$90,052,000 for fiscal year 2017;
</text>
</paragraph>
<paragraph id="HDAF8898FCA9B4C20960EA2561767E3AC">
<enum>
(4)
</enum>
<text>
$92,050,000 for fiscal year 2018;
</text>
</paragraph>
<paragraph id="H670DDFEB7CB541E5B01E261EB9E951BF">
<enum>
(5)
</enum>
<text>
$94,214,000 for fiscal year 2019; and
</text>
</paragraph>
<paragraph id="H7542C03ED3494823A80E6D9B925AFD98">
<enum>
(6)
</enum>
<text>
$96,211,000 for fiscal year 2020.
</text>
</paragraph>
</subsection>
<subsection id="H58F27491FC6E4909A8DFCD0EC6A8CF16">
<enum>
(c)
</enum>
<header>
Technical assistance
</header>
<text>
There are authorized to be appropriated to carry out section 168—
</text>
<paragraph id="H6AF824B72F7246D19D3E509BE1A8F604">
<enum>
(1)
</enum>
<text>
$3,000,000 for fiscal year 2015;
</text>
</paragraph>
<paragraph id="H01883DCC85A5426FAD84A18C83496CC6">
<enum>
(2)
</enum>
<text>
$3,232,000 for fiscal year 2016;
</text>
</paragraph>
<paragraph id="HE71952DB099348C1A4D43805FACB68A9">
<enum>
(3)
</enum>
<text>
$3,299,000 for fiscal year 2017;
</text>
</paragraph>
<paragraph id="H335CA302D3644B1E848D52741B57CC6C">
<enum>
(4)
</enum>
<text>
$3,372,000 for fiscal year 2018;
</text>
</paragraph>
<paragraph id="H85B3AB1ECAE648FEBE605E85F90AAA45">
<enum>
(5)
</enum>
<text>
$3,451,000 for fiscal year 2019; and
</text>
</paragraph>
<paragraph id="H0C5EB3EF8C4B4C0F877A6E5190BD7FBD">
<enum>
(6)
</enum>
<text>
$3,524,000 for fiscal year 2020.
</text>
</paragraph>
</subsection>
<subsection id="HA6800AC2FABD490A9AB64AF32858BC38">
<enum>
(d)
</enum>
<header>
Evaluations and research
</header>
<text>
There are authorized to be appropriated to carry out section 169—
</text>
<paragraph id="H97593996AC59491686CC833D925C0EF2">
<enum>
(1)
</enum>
<text>
$91,000,000 for fiscal year 2015;
</text>
</paragraph>
<paragraph id="HE36F16F1E8454D28A6E8275A69CBBC7F">
<enum>
(2)
</enum>
<text>
$98,029,000 for fiscal year 2016;
</text>
</paragraph>
<paragraph id="HCFBF148C25E34462A6764C5B939B314B">
<enum>
(3)
</enum>
<text>
$100,063,000 for fiscal year 2017;
</text>
</paragraph>
<paragraph id="H888A1F162D5B43648E6F5E7C3040E90C">
<enum>
(4)
</enum>
<text>
$102,282,000 for fiscal year 2018;
</text>
</paragraph>
<paragraph id="H6ED39832841D4B4B8BD61A2C6E1C3980">
<enum>
(5)
</enum>
<text>
$104,687,000 for fiscal year 2019; and
</text>
</paragraph>
<paragraph id="HC2A7C1E43AFE4BA78412AB7C5BE6B73A">
<enum>
(6)
</enum>
<text>
$106,906,000 for fiscal year 2020.
</text>
</paragraph>
</subsection>
<subsection id="H17FF666AE1144AB1A6D3A4C8319C756B">
<enum>
(e)
</enum>
<header>
Assistance for veterans
</header>
<text display-inline="yes-display-inline">
If, as of the date of enactment of this Act, any unobligated funds appropriated to carry out section 168 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act, remain available, the Secretary of Labor shall continue to use such funds to carry out such section, as in effect on such day, until all of such funds are expended.
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="H8518AA313680442B82AFBECEFE303E06">
<enum>
(f)
</enum>
<header>
Assistance for eligible workers
</header>
<text>
If, as of the date of enactment of this Act, any unobligated funds appropriated to carry out subsections (f) and (g) of section 173 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act, remain available, the Secretary of Labor shall continue to use such funds to carry out such subsections, as in effect on such day, until all of such funds are expended.
</text>
</subsection>
</section>
</subtitle>
<subtitle id="HBC917C5E6DDD456BA95E12FDB23A47C7">
<enum>
E
</enum>
<header>
Administration
</header>
<section id="H11244E5811104182891FCC85CAA58685">
<enum>
181.
</enum>
<header>
Requirements and restrictions
</header>
<subsection id="H382FED703336495799B6AD88944A9508">
<enum>
(a)
</enum>
<header>
Benefits
</header>
<paragraph id="H341A67FC01104BBF96080B6F12F8AC1E">
<enum>
(1)
</enum>
<header>
Wages
</header>
<subparagraph id="HC0CF5616C8B246B99C538A9A33D100B3">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Individuals in on-the-job training or individuals employed in activities under this title shall be compensated at the same rates, including periodic increases, as trainees or employees who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills, and such rates shall be in accordance with applicable law, but in no event less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/206">
29 U.S.C. 206(a)(1)
</external-xref>
) or the applicable State or local minimum wage law.
</text>
</subparagraph>
<subparagraph id="HFE2C629A7D24448B8A4A8742625A5580">
<enum>
(B)
</enum>
<header>
Rule of construction
</header>
<text>
The reference in subparagraph (A) to section 6(a)(1) of the Fair Labor Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/206">
29 U.S.C. 206(a)(1)
</external-xref>
) shall not be applicable for individuals in territorial jurisdictions in which section 6(a)(1) of the Fair Labor Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/206">
29 U.S.C. 206(a)(1)
</external-xref>
) does not apply.
</text>
</subparagraph>
</paragraph>
<paragraph id="H259276DB74F3441DA0E814EF1345F54D">
<enum>
(2)
</enum>
<header>
Treatment of allowances, earnings, and payments
</header>
<text>
Allowances, earnings, and payments to individuals participating in programs under this title shall not be considered as income for the purposes of determining eligibility for and the amount of income transfer and in-kind aid furnished under any Federal or federally assisted program based on need, other than as provided under the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/301">
42 U.S.C. 301 et seq.
</external-xref>
).
</text>
</paragraph>
</subsection>
<subsection id="HE1EBA35ADDDA4B6894BF563082FAC644">
<enum>
(b)
</enum>
<header>
Labor standards
</header>
<paragraph id="HF3C0E5F5BC6B4C89958BFDD2C150335D">
<enum>
(1)
</enum>
<header>
Limitations on activities that impact wages of employees
</header>
<text>
No funds provided under this title shall be used to pay the wages of incumbent employees during their participation in economic development activities provided through a statewide workforce development system.
</text>
</paragraph>
<paragraph id="H03C36961A32947B89DDAC40AA33A9891">
<enum>
(2)
</enum>
<header>
Displacement
</header>
<subparagraph id="HF5CC46FC1E5A43859AA299DAAE518BE2">
<enum>
(A)
</enum>
<header>
Prohibition
</header>
<text>
A participant in a program or activity authorized under this title (referred to in this section as a
<quote>
specified activity
</quote>
) shall not displace (including a partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits) any currently employed employee (as of the date of the participation).
</text>
</subparagraph>
<subparagraph id="H5AF3FBAFA7364C7FB8F6FBE5C07D7AD1">
<enum>
(B)
</enum>
<header>
Prohibition on impairment of contracts
</header>
<text>
A specified activity shall not impair an existing contract for services or collective bargaining agreement, and no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF0577B4FF55A482DA5C1EFABA6F0134D">
<enum>
(3)
</enum>
<header>
Other prohibitions
</header>
<text>
A participant in a specified activity shall not be employed in a job if—
</text>
<subparagraph id="H66CF703AC3B84350B43D91ACCCCF692B">
<enum>
(A)
</enum>
<text>
any other individual is on layoff from the same or any substantially equivalent job;
</text>
</subparagraph>
<subparagraph id="HD0119504ECC64189A5D12F978AE289A8">
<enum>
(B)
</enum>
<text>
the employer has terminated the employment of any regular employee or otherwise reduced the workforce of the employer with the intention of filling the vacancy so created with the participant; or
</text>
</subparagraph>
<subparagraph id="HC0C1EBFC9574490AB30F86AA8933BA02">
<enum>
(C)
</enum>
<text>
the job is created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals (as of the date of the participation).
</text>
</subparagraph>
</paragraph>
<paragraph id="H0BBD3302447D4F96B159CE066A68C0D4">
<enum>
(4)
</enum>
<header>
Health and safety
</header>
<text>
Health and safety standards established under Federal and State law otherwise applicable to working conditions of employees shall be equally applicable to working conditions of participants engaged in specified activities. To the extent that a State workers’ compensation law applies, workers’ compensation shall be provided to participants on the same basis as the compensation is provided to other individuals in the State in similar employment.
</text>
</paragraph>
<paragraph id="H8C715EF2609445E99CC0AB3884762F3A">
<enum>
(5)
</enum>
<header>
Employment conditions
</header>
<text>
Individuals in on-the-job training or individuals employed in programs and activities under this title shall be provided benefits and working conditions at the same level and to the same extent as other trainees or employees working a similar length of time and doing the same type of work.
</text>
</paragraph>
<paragraph id="HF0349CA994214AB9B2D5DF29991CE152">
<enum>
(6)
</enum>
<header>
Opportunity to submit comments
</header>
<text>
Interested members of the public, including representatives of businesses and of labor organizations, shall be provided an opportunity to submit comments to the Secretary with respect to programs and activities proposed to be funded under subtitle B.
</text>
</paragraph>
<paragraph id="H4EAA4E1CA7B245FDACFFA6046D7C249E">
<enum>
(7)
</enum>
<header>
No impact on union organizing
</header>
<text>
Each recipient of funds under this title shall provide to the Secretary assurances that none of such funds will be used to assist, promote, or deter union organizing.
</text>
</paragraph>
</subsection>
<subsection id="H1758160FD29F446C9B6F604A82F75273">
<enum>
(c)
</enum>
<header>
Grievance procedure
</header>
<paragraph id="H9E704E9FA2DE4A1483917A58F87FE4F5">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Each State and local area receiving an allotment or allocation under this title shall establish and maintain a procedure for grievances or complaints alleging violations of the requirements of this title from participants and other interested or affected parties. Such procedure shall include an opportunity for a hearing and be completed within 60 days after the filing of the grievance or complaint.
</text>
</paragraph>
<paragraph id="H23AAB935F5B34259A290F88F968F89FE">
<enum>
(2)
</enum>
<header>
Investigation
</header>
<subparagraph id="H1284F110DE5D468A954288338B2D8366">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The Secretary shall investigate an allegation of a violation described in paragraph (1) if—
</text>
<clause id="HE00960A1CCF1485CB55F14F2EC7BCC30">
<enum>
(i)
</enum>
<text>
a decision relating to such violation has not been reached within 60 days after the date of the filing of the grievance or complaint and either party appeals to the Secretary; or
</text>
</clause>
<clause id="HDC6BDBA4789943F19073C65C3B4B7AEE">
<enum>
(ii)
</enum>
<text>
a decision relating to such violation has been reached within such 60 days and the party to which such decision is adverse appeals such decision to the Secretary.
</text>
</clause>
</subparagraph>
<subparagraph id="HEC051094B54A4A618FD704F1FB87ABB2">
<enum>
(B)
</enum>
<header>
Additional requirement
</header>
<text>
The Secretary shall make a final determination relating to an appeal made under subparagraph (A) no later than 120 days after receiving such appeal.
</text>
</subparagraph>
</paragraph>
<paragraph id="H111BDE93ED304F7BB70FA884537A2D05">
<enum>
(3)
</enum>
<header>
Remedies
</header>
<text>
Remedies that may be imposed under this section for a violation of any requirement of this title shall be limited—
</text>
<subparagraph id="H2D93D19FC9E74A2CACB3E349A115E37E">
<enum>
(A)
</enum>
<text>
to suspension or termination of payments under this title;
</text>
</subparagraph>
<subparagraph id="HA24496220E7A4EF2961774B85070D5DF">
<enum>
(B)
</enum>
<text>
to prohibition of placement of a participant with an employer that has violated any requirement under this title;
</text>
</subparagraph>
<subparagraph id="HF6B6F1CD9E114079915AE8D30C429EDF">
<enum>
(C)
</enum>
<text>
where applicable, to reinstatement of an employee, payment of lost wages and benefits, and reestablishment of other relevant terms, conditions, and privileges of employment; and
</text>
</subparagraph>
<subparagraph id="HC5CABBBC47AA444C9C7981E981DD7B9C">
<enum>
(D)
</enum>
<text>
where appropriate, to other equitable relief.
</text>
</subparagraph>
</paragraph>
<paragraph id="H9A0CFEE47AF3448A98CC32C20C7FCE4E">
<enum>
(4)
</enum>
<header>
Rule of construction
</header>
<text>
Nothing in paragraph (3) shall be construed to prohibit a grievant or complainant from pursuing a remedy authorized under another Federal, State, or local law for a violation of this title.
</text>
</paragraph>
</subsection>
<subsection id="H2EACB3C16AA242D19D619BCDD297F671">
<enum>
(d)
</enum>
<header>
Relocation
</header>
<paragraph id="H6368341B15844B48BEC49D7CFCBABADF">
<enum>
(1)
</enum>
<header>
Prohibition on use of funds to encourage or induce relocation
</header>
<text>
No funds provided under this title shall be used, or proposed for use, to encourage or induce the relocation of a business or part of a business if such relocation would result in a loss of employment for any employee of such business at the original location and such original location is within the United States.
</text>
</paragraph>
<paragraph id="H42CFA024F86D4FABBBE940D64DCBE2A2">
<enum>
(2)
</enum>
<header>
Prohibition on use of funds after relocation
</header>
<text>
No funds provided under this title for an employment or training activity shall be used for customized or skill training, on-the-job training, incumbent worker training, transitional employment, or company-specific assessments of job applicants or employees, for any business or part of a business that has relocated, until the date that is 120 days after the date on which such business commences operations at the new location, if the relocation of such business or part of a business results in a loss of employment for any employee of such business at the original location and such original location is within the United States.
</text>
</paragraph>
<paragraph id="H4AA7ED7D7B794A9DA1DF1B6540F2F57B">
<enum>
(3)
</enum>
<header>
Repayment
</header>
<text>
If the Secretary determines that a violation of paragraph (1) or (2) has occurred, the Secretary shall require the State that has violated such paragraph (or that has provided funding to an entity that has violated such paragraph) to repay to the United States an amount equal to the amount expended in violation of such paragraph.
</text>
</paragraph>
</subsection>
<subsection id="HB9C2B773865D40C7B0D6EC4269E4B01F">
<enum>
(e)
</enum>
<header>
Limitation on use of funds
</header>
<text>
No funds available to carry out an activity under this title shall be used for employment generating activities, investment in revolving loan funds, capitalization of businesses, investment in contract bidding resource centers, economic development activities, or similar activities, that are not directly related to training for eligible individuals under this title. No funds received to carry out an activity under subtitle B shall be used for foreign travel.
</text>
</subsection>
<subsection id="HAB62D1CA5D08479E9631DD67E910C3B6">
<enum>
(f)
</enum>
<header>
Testing and sanctioning for use of controlled substances
</header>
<paragraph id="H879AEB38E5EC4F1DB637119B50E3107D">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Notwithstanding any other provision of law, a State shall not be prohibited by the Federal Government from—
</text>
<subparagraph id="H44EE6B9C06A749E3A8EA2D9D0C173899">
<enum>
(A)
</enum>
<text>
testing participants in programs under subtitle B for the use of controlled substances; and
</text>
</subparagraph>
<subparagraph id="H7A9B0CD75D414F6C8341E0A4BA6C8935">
<enum>
(B)
</enum>
<text>
sanctioning such participants who test positive for the use of such controlled substances.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5E9A6E3C54CC454794E1827109DE7AA7">
<enum>
(2)
</enum>
<header>
Additional requirements
</header>
<subparagraph id="H118590447AA74147B2A4DC7B487F1A12">
<enum>
(A)
</enum>
<header>
Period of sanction
</header>
<text>
In sanctioning participants in a program under subtitle B who test positive for the use of controlled substances—
</text>
<clause id="HB1AE2983D0824D94A46846A2C05611BD">
<enum>
(i)
</enum>
<text>
with respect to the first occurrence for which a participant tests positive, a State may exclude the participant from the program for a period not to exceed 6 months; and
</text>
</clause>
<clause id="HB30D4F429F8548968346EB6925E3C98A">
<enum>
(ii)
</enum>
<text>
with respect to the second occurrence and each subsequent occurrence for which a participant tests positive, a State may exclude the participant from the program for a period not to exceed 2 years.
</text>
</clause>
</subparagraph>
<subparagraph id="H51A16C9680A541D1B89CF07D2568E4EF">
<enum>
(B)
</enum>
<header>
Appeal
</header>
<text>
The testing of participants and the imposition of sanctions under this subsection shall be subject to expeditious appeal in accordance with due process procedures established by the State.
</text>
</subparagraph>
<subparagraph id="H399484B8702648C99284678CF3465F40">
<enum>
(C)
</enum>
<header>
Privacy
</header>
<text>
A State shall establish procedures for testing participants for the use of controlled substances that ensure a maximum degree of privacy for the participants.
</text>
</subparagraph>
</paragraph>
<paragraph id="H05BA5553BB6E47DB886346E7E2961A0E">
<enum>
(3)
</enum>
<header>
Funding requirement
</header>
<text>
In testing and sanctioning of participants for the use of controlled substances in accordance with this subsection, the only Federal funds that a State may use are the amounts made available for the administration of statewide workforce investment activities under section 134(a)(3)(B).
</text>
</paragraph>
</subsection>
<subsection id="H88C6FD4B6B41499A9538DDA5B8E21EA7">
<enum>
(g)
</enum>
<header>
Subgrant authority
</header>
<text>
A recipient of grant funds under this title shall have the authority to enter into subgrants in order to carry out the grant, subject to such conditions as the Secretary may establish.
</text>
</subsection>
</section>
<section id="HA06122F0F4C44DDCBFF6D990D38EE921">
<enum>
182.
</enum>
<header>
Prompt allocation of funds
</header>
<subsection id="HD21ECB889CAF473BAF8552922346ABC7">
<enum>
(a)
</enum>
<header>
Allotments based on latest available data
</header>
<text>
All allotments to States and grants to outlying areas under this title shall be based on the latest available data and estimates satisfactory to the Secretary. All data relating to disadvantaged adults and disadvantaged youth shall be based on the most recent satisfactory data from the Bureau of the Census.
</text>
</subsection>
<subsection id="HD0D09E91FD2F401998A27BA045AE3D28">
<enum>
(b)
</enum>
<header>
Publication in Federal register relating to formula funds
</header>
<text>
Whenever the Secretary allots funds required to be allotted under this title, the Secretary shall publish in a timely fashion in the Federal Register the amount proposed to be distributed to each recipient of the funds.
</text>
</subsection>
<subsection id="HE71DDF1CD3E74A26810CCD489EB21538">
<enum>
(c)
</enum>
<header>
Requirement for funds distributed by formula
</header>
<text>
All funds required to be allotted under section 127 or 132 shall be allotted within 45 days after the date of enactment of the Act appropriating the funds, except that, if such funds are appropriated in advance as authorized by section 189(g), such funds shall be allotted or allocated not later than the March 31 preceding the program year for which such funds are to be available for obligation.
</text>
</subsection>
<subsection id="HD8EC146EA3874472B6BAEB3383A3E074">
<enum>
(d)
</enum>
<header>
Publication in Federal register relating to discretionary funds
</header>
<text>
Whenever the Secretary utilizes a formula to allot or allocate funds made available for distribution at the Secretary’s discretion under this title, the Secretary shall, not later than 30 days prior to such allotment or allocation, publish for comment in the Federal Register the formula, the rationale for the formula, and the proposed amounts to be distributed to each State and local area. After consideration of any comments received, the Secretary shall publish final allotments and allocations in the Federal Register.
</text>
</subsection>
<subsection id="H876C0CE02B4148BBB6C27E8AD58825C1">
<enum>
(e)
</enum>
<header>
Availability of funds
</header>
<text>
Funds shall be made available under section 128, and funds shall be made available under section 133, for a local area not later than 30 days after the date the funds are made available to the Governor involved, under section 127 or 132 (as the case may be), or 7 days after the date the local plan for the area is approved, whichever is later.
</text>
</subsection>
</section>
<section id="H6939D92B81A1432493ADE4D74D570AAA">
<enum>
183.
</enum>
<header>
Monitoring
</header>
<subsection id="H0F6C96F1BD0E479588638C6D5B109919">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
The Secretary is authorized to monitor all recipients of financial assistance under this title to determine whether the recipients are complying with the provisions of this title, including the regulations issued under this title.
</text>
</subsection>
<subsection id="HCB31B54C01CE47798B3868D5A1DF5DC5">
<enum>
(b)
</enum>
<header>
Investigations
</header>
<text>
The Secretary may investigate any matter the Secretary determines to be necessary to determine the compliance of the recipients with this title, including the regulations issued under this title. The investigations authorized by this subsection may include examining records (including making certified copies of the records), questioning employees, and entering any premises or onto any site in which any part of a program or activity of such a recipient is conducted or in which any of the records of the recipient are kept.
</text>
</subsection>
<subsection id="H21FDA95C296D40E48064088921F61A48">
<enum>
(c)
</enum>
<header>
Additional requirement
</header>
<text>
For the purpose of any investigation or hearing conducted under this title by the Secretary, the provisions of section 9 of the Federal Trade Commission Act (
<external-xref legal-doc="usc" parsable-cite="usc/15/49">
15 U.S.C. 49
</external-xref>
) (relating to the attendance of witnesses and the production of documents) apply to the Secretary, in the same manner and to the same extent as the provisions apply to the Federal Trade Commission.
</text>
</subsection>
</section>
<section id="H3F9C1D072E164816A49246EEEBA5C8C2">
<enum>
184.
</enum>
<header>
Fiscal controls; sanctions
</header>
<subsection id="H969DD885E9C04ABD82352177897705D5">
<enum>
(a)
</enum>
<header>
Establishment of fiscal controls by States
</header>
<paragraph id="H6D71840AA42048AEB373D043C1D42EF2">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Each State shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursal of, and accounting for, Federal funds allocated to local areas under subtitle B. Such procedures shall ensure that all financial transactions carried out under subtitle B are conducted and records maintained in accordance with generally accepted accounting principles applicable in each State.
</text>
</paragraph>
<paragraph id="H2D1FD3FF749849E794D767D5678E66D9">
<enum>
(2)
</enum>
<header>
Cost principles
</header>
<subparagraph id="H4267F3E47C6A446CB1D6BB8152D3D9DC">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Each State (including the Governor of the State), local area (including the chief elected official for the area), and provider receiving funds under this title shall comply with the applicable uniform cost principles included in appropriate circulars or rules of the Office of Management and Budget for the type of entity receiving the funds.
</text>
</subparagraph>
<subparagraph id="HBD36819BF0E54DD5AAC97DFC79F2AFDD">
<enum>
(B)
</enum>
<header>
Exception
</header>
<text>
The funds made available to a State for administration of statewide workforce investment activities in accordance with section 134(a)(3)(B) shall be allocable to the overall administration of workforce investment activities, but need not be specifically allocable to—
</text>
<clause id="H0E909C2964984547A4218471230A820E">
<enum>
(i)
</enum>
<text>
the administration of adult employment and training activities;
</text>
</clause>
<clause id="HFA69439927174038B52B5EA9DACEF218">
<enum>
(ii)
</enum>
<text>
the administration of dislocated worker employment and training activities; or
</text>
</clause>
<clause id="H505714FB002646E5B27E1FC56B980F04">
<enum>
(iii)
</enum>
<text>
the administration of youth workforce investment activities.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H0141532EC9BB4C9D9322C7B60042513F">
<enum>
(3)
</enum>
<header>
Uniform administrative requirements
</header>
<subparagraph id="HD4A824824DE74EC08481AF5494B96F3C">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Each State (including the Governor of the State), local area (including the chief elected official for the area), and provider receiving funds under this title shall comply with the appropriate uniform administrative requirements for grants and agreements applicable for the type of entity receiving the funds, as promulgated in circulars or rules of the Office of Management and Budget.
</text>
</subparagraph>
<subparagraph id="HD07DAF7972AC47349DF1B7ABDE9EF2D5">
<enum>
(B)
</enum>
<header>
Additional requirement
</header>
<text>
Procurement transactions under this title between local boards and units of State or local governments shall be conducted only on a cost-reimbursable basis.
</text>
</subparagraph>
</paragraph>
<paragraph id="H02A80DCBAA724D82AA5806AC3F0B4340">
<enum>
(4)
</enum>
<header>
Monitoring
</header>
<text>
Each Governor of a State shall conduct on an annual basis onsite monitoring of each local area within the State to ensure compliance with the uniform administrative requirements referred to in paragraph (3).
</text>
</paragraph>
<paragraph id="H73C6C2090A22499B85C50E31FBC3AC8B">
<enum>
(5)
</enum>
<header>
Action by Governor
</header>
<text>
If the Governor determines that a local area is not in compliance with the uniform administrative requirements referred to in paragraph (3), the Governor shall—
</text>
<subparagraph id="H0EAA5782AA1A4E1D818D137FDC13EC78">
<enum>
(A)
</enum>
<text>
require corrective action to secure prompt compliance with the requirements; and
</text>
</subparagraph>
<subparagraph id="H5ACAF2DCD2C041618FCBD9051AFD7831">
<enum>
(B)
</enum>
<text>
impose the sanctions provided under subsection (b) in the event of failure to take the required corrective action.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF0E8D6335AB644C89ABC165AEE9CE2DA">
<enum>
(6)
</enum>
<header>
Certification
</header>
<text>
The Governor shall, every 2 years, certify to the Secretary that—
</text>
<subparagraph id="H10C45670949048429E3CD52149E2B493">
<enum>
(A)
</enum>
<text>
the State has implemented the uniform administrative requirements referred to in paragraph (3);
</text>
</subparagraph>
<subparagraph id="H16B6BFB60FC34A4BB3AAA27CA4B9C2F6">
<enum>
(B)
</enum>
<text>
the State has monitored local areas to ensure compliance with the uniform administrative requirements as required under paragraph (4); and
</text>
</subparagraph>
<subparagraph id="H4D2D8E637E10401EBC0B64B666C68974">
<enum>
(C)
</enum>
<text>
the State has taken appropriate action to secure compliance with the requirements pursuant to paragraph (5).
</text>
</subparagraph>
</paragraph>
<paragraph id="H4AE702B3ADF2459489D15849E8125FC7">
<enum>
(7)
</enum>
<header>
Action by the Secretary
</header>
<text>
If the Secretary determines that the Governor has not fulfilled the requirements of this subsection, the Secretary shall—
</text>
<subparagraph id="H8F077F9D85D14ED8AD50E6A6D1DEAAC5">
<enum>
(A)
</enum>
<text>
require corrective action to secure prompt compliance with the requirements of this subsection; and
</text>
</subparagraph>
<subparagraph id="H7F10B6BE944248108FCC110015617842">
<enum>
(B)
</enum>
<text>
impose the sanctions provided under subsection (e) in the event of failure of the Governor to take the required appropriate action to secure compliance with the requirements.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HDC60ADE390DE4DCB8BBDA6397C021036">
<enum>
(b)
</enum>
<header>
Substantial violation
</header>
<paragraph id="HCD73F92B7A9148668E799283231161B0">
<enum>
(1)
</enum>
<header>
Action by Governor
</header>
<text>
If, as a result of financial and compliance audits or otherwise, the Governor determines that there is a substantial violation of a specific provision of this title, and corrective action has not been taken, the Governor shall—
</text>
<subparagraph id="H6CEEB49DEA934177B54071F3F824E52B">
<enum>
(A)
</enum>
<text>
issue a notice of intent to revoke approval of all or part of the local plan affected; or
</text>
</subparagraph>
<subparagraph id="HA69ADCB34FF742F1A77ED37E8E0F63D1">
<enum>
(B)
</enum>
<text>
impose a reorganization plan, which may include—
</text>
<clause id="HC27C5D893FF84152A2BCF58F3C9CCE23">
<enum>
(i)
</enum>
<text>
decertifying the local board involved;
</text>
</clause>
<clause id="H5D4553544A4F4361809ECE0037329314">
<enum>
(ii)
</enum>
<text>
prohibiting the use of eligible providers;
</text>
</clause>
<clause id="H16F437C6AFF24BDA8AFE969FECFED5F6">
<enum>
(iii)
</enum>
<text>
selecting an alternative entity to administer the program for the local area involved;
</text>
</clause>
<clause id="H43C4DF333E3F40CC8DFA6EFFB5A27858">
<enum>
(iv)
</enum>
<text>
merging the local area into one or more other local areas; or
</text>
</clause>
<clause id="HD6AEA8E703664B72A74B593AB4EEFDDC">
<enum>
(v)
</enum>
<text>
making such other changes as the Secretary or Governor determines to be necessary to secure compliance with the provision.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H4BBFE77DDBA84F42A742BF42B92FA8CC">
<enum>
(2)
</enum>
<header>
Appeal
</header>
<subparagraph id="H09E9D488B470438FAD5EB4B61EF01485">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The actions taken by the Governor pursuant to subparagraphs (A) and (B) of paragraph (1) may be appealed to the Secretary and shall not become effective until—
</text>
<clause id="HF21C3595819D46ADBAF1C2310A14BD94">
<enum>
(i)
</enum>
<text>
the time for appeal has expired; or
</text>
</clause>
<clause id="H4180BE4B740943429D1C8DC484DDBB0F">
<enum>
(ii)
</enum>
<text>
the Secretary has issued a decision.
</text>
</clause>
</subparagraph>
<subparagraph id="HB93A1A1B262C4AD5A5A39DB6F3A00DBC">
<enum>
(B)
</enum>
<header>
Additional requirement
</header>
<text>
The Secretary shall make a final decision under subparagraph (A) not later than 45 days after the receipt of the appeal.
</text>
</subparagraph>
</paragraph>
<paragraph id="HACC2EE8878114BF08C9D70C9C04B8852">
<enum>
(3)
</enum>
<header>
Action by the Secretary
</header>
<text>
If the Governor fails to take promptly an action required under paragraph (1), the Secretary shall take such action.
</text>
</paragraph>
</subsection>
<subsection id="H1FA9AF0FE1BA4686BA03D451DC1DEC2A">
<enum>
(c)
</enum>
<header>
Repayment of certain amounts to the United States
</header>
<paragraph id="H1453C5084B6E43048920C9B950EF0DD2">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Every recipient of funds under this title shall repay to the United States amounts found not to have been expended in accordance with this title.
</text>
</paragraph>
<paragraph id="H0C158421322347469299EB3A86F8F5B9">
<enum>
(2)
</enum>
<header>
Offset of repayment amount
</header>
<text>
If the Secretary determines that a State has expended funds received under this title in a manner contrary to the requirements of this title, the Secretary may require repayment by offsetting the amount of such expenditures against any other amount to which the State is or may be entitled under this title, except as provided under subsection (d)(1).
</text>
</paragraph>
<paragraph id="H8283190044B6458B808A2183450E555C">
<enum>
(3)
</enum>
<header>
Repayment from deduction by State
</header>
<text>
If the Secretary requires a State to repay funds as a result of a determination that a local area of the State has expended funds in a manner contrary to the requirements of this title, the Governor of the State may use an amount deducted under paragraph (4) to repay the funds, except as provided under subsection (e).
</text>
</paragraph>
<paragraph id="H1D83E953D65440DCB0592B01D31FC8EF">
<enum>
(4)
</enum>
<header>
Deduction by State
</header>
<text>
The Governor may deduct an amount equal to the misexpenditure described in paragraph (3) from subsequent program year (subsequent to the program year for which the determination was made) allocations to the local area from funds reserved for the administrative costs of the local programs involved, as appropriate.
</text>
</paragraph>
<paragraph id="HC888056E9FEB43FE88F0152DE5F89C6E">
<enum>
(5)
</enum>
<header>
Limitations
</header>
<text>
A deduction made by a State as described in paragraph (4) shall not be made until such time as the Governor has taken appropriate corrective action to ensure full compliance with this title within such local area with regard to appropriate expenditures of funds under this title.
</text>
</paragraph>
</subsection>
<subsection id="H1FBD84335C534D13BE0BE6F818725E9C">
<enum>
(d)
</enum>
<header>
Repayment of amounts
</header>
<paragraph id="HA6028B3CC3C84382B063FB629CE7390A">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Each recipient of funds under this title shall be liable to repay the amounts described in subsection (c)(1), from funds other than funds received under this title, upon a determination by the Secretary that the misexpenditure of the amounts was due to willful disregard of the requirements of this title, gross negligence, failure to observe accepted standards of administration, or a pattern of misexpenditure described in subsection (c)(1). No such determination shall be made under this subsection or subsection (c) until notice and opportunity for a fair hearing have been given to the recipient.
</text>
</paragraph>
<paragraph id="HB6E043DCC50143E09383C91330B3054E">
<enum>
(2)
</enum>
<header>
Factors in imposing sanctions
</header>
<text>
In determining whether to impose any sanction authorized by this section against a recipient of funds under this title for violations of this title (including applicable regulations) by a subgrantee or contractor of such recipient, the Secretary shall first determine whether such recipient has adequately demonstrated that the recipient has—
</text>
<subparagraph id="H48B175C8D74145C79B91C26E868CD15A">
<enum>
(A)
</enum>
<text>
established and adhered to an appropriate system, for entering into and monitoring subgrant agreements and contracts with subgrantees and contractors, that contains acceptable standards for ensuring accountability;
</text>
</subparagraph>
<subparagraph id="H7DFE540494FC477A8F3031274EE66CA2">
<enum>
(B)
</enum>
<text>
entered into a written subgrant agreement or contract with such a subgrantee or contractor that established clear goals and obligations in unambiguous terms;
</text>
</subparagraph>
<subparagraph id="HF324A0E7B3864E33BEAE7E848EAD02AE">
<enum>
(C)
</enum>
<text>
acted with due diligence to monitor the implementation of the subgrant agreement or contract, including carrying out the appropriate monitoring activities (including audits) at reasonable intervals; and
</text>
</subparagraph>
<subparagraph id="HB2C6764A5D964839AE4AF961CA1822C7">
<enum>
(D)
</enum>
<text>
taken prompt and appropriate corrective action upon becoming aware of any evidence of a violation of this title, including regulations issued under this title, by such subgrantee or contractor.
</text>
</subparagraph>
</paragraph>
<paragraph id="H4A182BBF50204DF6BACBF4DB810E07BE">
<enum>
(3)
</enum>
<header>
Waiver
</header>
<text>
If the Secretary determines that the recipient has demonstrated substantial compliance with the requirements of paragraph (2), the Secretary may waive the imposition of sanctions authorized by this section upon such recipient. The Secretary is authorized to impose any sanction consistent with the provisions of this title and with any applicable Federal or State law directly against any subgrantee or contractor for violation of this title, including regulations issued under this title.
</text>
</paragraph>
</subsection>
<subsection id="H4F2EF23743B74328BAE7473D7AA207B3">
<enum>
(e)
</enum>
<header>
Immediate termination or suspension of assistance in emergency situations
</header>
<text>
In emergency situations, if the Secretary determines it is necessary to protect the integrity of the funds or ensure the proper operation of the program or activity involved, the Secretary may immediately terminate or suspend financial assistance, in whole or in part, to the recipient if the recipient is given prompt notice and the opportunity for a subsequent hearing within 30 days after such termination or suspension. The Secretary shall not delegate any of the functions or authority specified in this subsection, other than to an officer whose appointment is required to be made by and with the advice and consent of the Senate.
</text>
</subsection>
<subsection id="HD86FB956EB6B4551836F08DB5C4F24B7">
<enum>
(f)
</enum>
<header>
Discrimination against participants
</header>
<text>
If the Secretary determines that any recipient under this title has discharged or in any other manner discriminated against a participant or against any individual in connection with the administration of the program involved, or against any individual because such individual has filed any complaint or instituted or caused to be instituted any proceeding under or related to this title, or has testified or is about to testify in any such proceeding or an investigation under or related to this title, or otherwise unlawfully denied to any individual a benefit to which that individual is entitled under the provisions of this title, including regulations issued under this title, the Secretary shall, within 30 days, take such action or order such corrective measures, as necessary, with respect to the recipient or the aggrieved individual, or both.
</text>
</subsection>
<subsection id="H645284F46A694E0D8AA666A8AF039101">
<enum>
(g)
</enum>
<header>
Remedies
</header>
<text>
The remedies described in this section shall not be considered to be the exclusive remedies available for violations described in this section.
</text>
</subsection>
</section>
<section id="H9C44F33C3ADC4F8C8F81554AE2138BD9">
<enum>
185.
</enum>
<header>
Reports; recordkeeping; investigations
</header>
<subsection id="H03C7B5BB367449FCB3323D5A2E985E0B">
<enum>
(a)
</enum>
<header>
Recipient recordkeeping and reports
</header>
<paragraph id="H6B07F20CB4D24DF69127519AAC465739">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Recipients of funds under this title shall keep records that are sufficient to permit the preparation of reports required by this title and to permit the tracing of funds to a level of expenditure adequate to ensure that the funds have not been spent unlawfully.
</text>
</paragraph>
<paragraph id="H1803E7887DB04E168E3E71CFCDF63CDD">
<enum>
(2)
</enum>
<header>
Records and reports regarding general performance
</header>
<text>
Every such recipient shall maintain such records and submit such reports, in such form and containing such information, as the Secretary may require regarding the performance of programs and activities carried out under this title. Such records and reports shall be submitted to the Secretary but shall not be required to be submitted more than once each quarter unless specifically requested by Congress or a committee of Congress, in which case an estimate regarding such information may be provided.
</text>
</paragraph>
<paragraph id="HBAC8859D3DFE48F39461567AE0942594">
<enum>
(3)
</enum>
<header>
Maintenance of standardized records
</header>
<text>
In order to allow for the preparation of the reports required under subsection (c), such recipients shall maintain standardized records for all individual participants and provide to the Secretary a sufficient number of such records to provide for an adequate analysis of the records.
</text>
</paragraph>
<paragraph id="HF1ACF827F9014F669BEC3AACF019924F">
<enum>
(4)
</enum>
<header>
Availability to the public
</header>
<subparagraph id="H0069C6259DCE4DB88A73CAE814AE23F8">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Except as provided in subparagraph (B), records maintained by such recipients pursuant to this subsection shall be made available to the public upon request.
</text>
</subparagraph>
<subparagraph id="H3EB52F846B484000825D8937F55BEFA0">
<enum>
(B)
</enum>
<header>
Exception
</header>
<text>
Subparagraph (A) shall not apply to—
</text>
<clause id="H5B7D5365709A4803ACC31EB6C049CE75">
<enum>
(i)
</enum>
<text>
information, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and
</text>
</clause>
<clause id="H2EC524F1FDFB41F480F2D25541C466CD">
<enum>
(ii)
</enum>
<text>
trade secrets, or commercial or financial information, that is—
</text>
<subclause id="H69353CCB1F2D4A4888CB102AA416358F">
<enum>
(I)
</enum>
<text>
obtained from a person; and
</text>
</subclause>
<subclause id="H2A861E3BEF754451977FD21A3093A8E1">
<enum>
(II)
</enum>
<text>
privileged or confidential.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H5441E15604D34C09B5EFFCFCC4359DB3">
<enum>
(C)
</enum>
<header>
Fees to recover costs
</header>
<text>
Such recipients may charge fees sufficient to recover costs applicable to the processing of requests for records under subparagraph (A).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HAB851682936D4BBA9B7D15BD565E8E16">
<enum>
(b)
</enum>
<header>
Investigations of use of funds
</header>
<paragraph id="H3740B31F8EA44B34B8B96CC39749567D">
<enum>
(1)
</enum>
<header>
In general
</header>
<subparagraph id="H54909900D47542AAA0C262781778BECC">
<enum>
(A)
</enum>
<header>
Secretary
</header>
<text>
In order to evaluate compliance with the provisions of this title, the Secretary shall conduct, in several States, in each fiscal year, investigations of the use of funds received by recipients under this title.
</text>
</subparagraph>
<subparagraph id="H061421E1387B432CB9852E7D1C658936">
<enum>
(B)
</enum>
<header>
Comptroller general of the United States
</header>
<text>
In order to ensure compliance with the provisions of this title, the Comptroller General of the United States may conduct investigations of the use of funds received under this title by any recipient.
</text>
</subparagraph>
</paragraph>
<paragraph id="H553A3BCBFFC945719A49DE282E293429">
<enum>
(2)
</enum>
<header>
Prohibition
</header>
<text>
In conducting any investigation under this title, the Secretary or the Comptroller General of the United States may not request the compilation of any information that the recipient is not otherwise required to compile and that is not readily available to such recipient.
</text>
</paragraph>
<paragraph id="H7DE3D621FA1B4C0087976E75EFA8E2A3">
<enum>
(3)
</enum>
<header>
Audits
</header>
<subparagraph id="HF3645DC3C437427DB85489B3DA69E584">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
In carrying out any audit under this title (other than any initial audit survey or any audit investigating possible criminal or fraudulent conduct), either directly or through grant or contract, the Secretary, the Inspector General of the Department of Labor, or the Comptroller General of the United States shall furnish to the State, recipient, or other entity to be audited, advance notification of the overall objectives and purposes of the audit, and any extensive recordkeeping or data requirements to be met, not later than 14 days (or as soon as practicable) prior to the commencement of the audit.
</text>
</subparagraph>
<subparagraph id="HE537DEC4F1E7492BAD9B07846D0DEF5A">
<enum>
(B)
</enum>
<header>
Notification requirement
</header>
<text>
If the scope, objectives, or purposes of the audit change substantially during the course of the audit, the entity being audited shall be notified of the change as soon as practicable.
</text>
</subparagraph>
<subparagraph id="H5EC40A6A7D5043A785042530C5743F77">
<enum>
(C)
</enum>
<header>
Additional requirement
</header>
<text>
The reports on the results of such audits shall cite the law, regulation, policy, or other criteria applicable to any finding contained in the reports.
</text>
</subparagraph>
<subparagraph id="H947E561AF33543018F8B5440D21138A4">
<enum>
(D)
</enum>
<header>
Rule of construction
</header>
<text>
Nothing contained in this title shall be construed so as to be inconsistent with the Inspector General Act of 1978 (5 U.S.C. App.) or government auditing standards issued by the Comptroller General of the United States.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H4EC07ACC3D7A41008C23055D95EE8EF7">
<enum>
(c)
</enum>
<header>
Grantee information responsibilities
</header>
<text>
Each State, each local board, and each recipient (other than a subrecipient, subgrantee, or contractor of a recipient) receiving funds under this title—
</text>
<paragraph id="H8047B88CD7574744BE424FF904F3CCE9">
<enum>
(1)
</enum>
<text>
shall make readily accessible such reports concerning its operations and expenditures as shall be prescribed by the Secretary;
</text>
</paragraph>
<paragraph id="HBA2A62DC838D4F44BDBFF12C3262C5D4">
<enum>
(2)
</enum>
<text>
shall prescribe and maintain comparable management information systems, in accordance with guidelines that shall be prescribed by the Secretary, designed to facilitate the uniform compilation, cross tabulation, and analysis of programmatic, participant, and financial data, on statewide, local area, and other appropriate bases, necessary for reporting, monitoring, and evaluating purposes, including data necessary to comply with section 188;
</text>
</paragraph>
<paragraph id="H3FE17631DC2B46FDB58B750AA57C4BBD">
<enum>
(3)
</enum>
<text>
shall monitor the performance of providers in complying with the terms of grants, contracts, or other agreements made pursuant to this title; and
</text>
</paragraph>
<paragraph id="HE3306B636D1E4931A008C4442B760221">
<enum>
(4)
</enum>
<text>
shall, to the extent practicable, submit or make available (including through electronic means) any reports, records, plans, or any other data that are required to be submitted or made available, respectively, under this title.
</text>
</paragraph>
</subsection>
<subsection id="HB1A8EA778DCB4AE7BBADDFEBCE6A8392">
<enum>
(d)
</enum>
<header>
Information To be included in reports
</header>
<paragraph id="HB2D0E5FCF6664458BD03E13EE820D475">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The reports required in subsection (c) shall include information regarding programs and activities carried out under this title pertaining to—
</text>
<subparagraph id="H29E0AB77A30A4328BA7998AA9FD7C5BF">
<enum>
(A)
</enum>
<text>
the relevant demographic characteristics (including race, ethnicity, sex, and age) and other related information regarding participants;
</text>
</subparagraph>
<subparagraph id="HE67AB61D669343A6BE26713401ED8756">
<enum>
(B)
</enum>
<text>
the programs and activities in which participants are enrolled, and the length of time that participants are engaged in such programs and activities;
</text>
</subparagraph>
<subparagraph id="HF45E3BF9E28349E5A102B0D4CD62B2C1">
<enum>
(C)
</enum>
<text>
outcomes of the programs and activities for participants, including the occupations of participants, and placement for participants in nontraditional employment;
</text>
</subparagraph>
<subparagraph id="H273AFE46F4F64C1DB12FED4831B322AF">
<enum>
(D)
</enum>
<text>
specified costs of the programs and activities; and
</text>
</subparagraph>
<subparagraph id="H5F6095CA2BFE442BBB601320066F13C0">
<enum>
(E)
</enum>
<text>
information necessary to prepare reports to comply with section 188.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3090147149C24029A3FB939A619E3F0F">
<enum>
(2)
</enum>
<header>
Additional requirement
</header>
<text>
The Secretary shall ensure that all elements of the information required for the reports described in paragraph (1) are defined and that the information is reported uniformly.
</text>
</paragraph>
</subsection>
<subsection id="H2CCEBE8CF4F14497830021C36E195E4D">
<enum>
(e)
</enum>
<header>
Quarterly financial reports
</header>
<paragraph id="H0134F3A52A6C4BF59086D0CC1D5E439B">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Each local board in a State shall submit quarterly financial reports to the Governor with respect to programs and activities carried out under this title. Such reports shall include information identifying all program and activity costs by cost category in accordance with generally accepted accounting principles and by year of the appropriation involved.
</text>
</paragraph>
<paragraph id="H8944BDE1C3814A88BF4D26B2FEC01674">
<enum>
(2)
</enum>
<header>
Additional requirement
</header>
<text>
Each State shall submit to the Secretary, and the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, on a quarterly basis, a summary of the reports submitted to the Governor pursuant to paragraph (1).
</text>
</paragraph>
</subsection>
<subsection id="HFA0DBB667780416C8E7EEF4CC404A212">
<enum>
(f)
</enum>
<header>
Maintenance of additional records
</header>
<text>
Each State and local board shall maintain records with respect to programs and activities carried out under this title that identify—
</text>
<paragraph id="H56659E26E879454C9CE22B88ABD6CCD6">
<enum>
(1)
</enum>
<text>
any income or profits earned, including such income or profits earned by subrecipients; and
</text>
</paragraph>
<paragraph id="H5FFDDB1F85FC407EB67EFCB7B58D31CD">
<enum>
(2)
</enum>
<text>
any costs incurred (such as stand-in costs) that are otherwise allowable except for funding limitations.
</text>
</paragraph>
</subsection>
<subsection id="H96F6D3834A734B4292CDD8EC9B1F7FD1">
<enum>
(g)
</enum>
<header>
Cost categories
</header>
<text>
In requiring entities to maintain records of costs by cost category under this title, the Secretary shall require only that the costs be categorized as administrative or programmatic costs.
</text>
</subsection>
</section>
<section id="HB4FBD48BBD9A4369A85FC98823B36056">
<enum>
186.
</enum>
<header>
Administrative adjudication
</header>
<subsection id="H7789ECC5B85E4382B919EA8A49F84012">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Whenever any applicant for financial assistance under this title is dissatisfied because the Secretary has made a determination not to award financial assistance in whole or in part to such applicant, the applicant may request a hearing before an administrative law judge of the Department of Labor. A similar hearing may also be requested by any recipient for whom a corrective action has been required or a sanction has been imposed by the Secretary under section 184.
</text>
</subsection>
<subsection id="HACA3A89E12D84050B8887DA335CA516E">
<enum>
(b)
</enum>
<header>
Appeal
</header>
<text>
The decision of the administrative law judge shall constitute final action by the Secretary unless, within 20 days after receipt of the decision of the administrative law judge, a party dissatisfied with the decision or any part of the decision has filed exceptions with the Secretary specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically urged during the 20-day period shall be deemed to have been waived. After the 20-day period the decision of the administrative law judge shall become the final decision of the Secretary unless the Secretary, within 30 days after such filing, notifies the parties that the case involved has been accepted for review.
</text>
</subsection>
<subsection id="HE8ADDFBEAAA649C8B2078F3CA08685F1">
<enum>
(c)
</enum>
<header>
Time limit
</header>
<text>
Any case accepted for review by the Secretary under subsection (b) shall be decided within 180 days after such acceptance. If the case is not decided within the 180-day period, the decision of the administrative law judge shall become the final decision of the Secretary at the end of the 180-day period.
</text>
</subsection>
<subsection id="H8CCBA4062E284564991537A6826561DC">
<enum>
(d)
</enum>
<header>
Additional requirement
</header>
<text>
The provisions of section 187 shall apply to any final action of the Secretary under this section.
</text>
</subsection>
</section>
<section id="H17A6CE5F466844569F71DEB8997C803E">
<enum>
187.
</enum>
<header>
Judicial review
</header>
<subsection id="H429828DB27714869A25375719DBB8F08">
<enum>
(a)
</enum>
<header>
Review
</header>
<paragraph id="H0606E067E8D24536BD5755C814455213">
<enum>
(1)
</enum>
<header>
Petition
</header>
<text>
With respect to any final order by the Secretary under section 186 by which the Secretary awards, declines to award, or only conditionally awards, financial assistance under this title, or any final order of the Secretary under section 186 with respect to a corrective action or sanction imposed under section 184, any party to a proceeding that resulted in such final order may obtain review of such final order in the United States Court of Appeals having jurisdiction over the applicant for or recipient of the funds involved, by filing a review petition within 30 days after the date of issuance of such final order.
</text>
</paragraph>
<paragraph id="HC2639708BCC14AF2B6528DCAD938E5DA">
<enum>
(2)
</enum>
<header>
Action on petition
</header>
<text>
The clerk of the court shall transmit a copy of the review petition to the Secretary, who shall file the record on which the final order was entered as provided in
<external-xref legal-doc="usc" parsable-cite="usc/28/2112">
section 2112
</external-xref>
of title 28, United States Code. The filing of a review petition shall not stay the order of the Secretary, unless the court orders a stay. Petitions filed under this subsection shall be heard expeditiously, if possible within 10 days after the date of filing of a reply to the petition.
</text>
</paragraph>
<paragraph id="H33A987436EC342A2AAB30F16A3C7D466">
<enum>
(3)
</enum>
<header>
Standard and scope of review
</header>
<text>
No objection to the order of the Secretary shall be considered by the court unless the objection was specifically urged, in a timely manner, before the Secretary. The review shall be limited to questions of law and the findings of fact of the Secretary shall be conclusive if supported by substantial evidence.
</text>
</paragraph>
</subsection>
<subsection id="H6F15EFF4A3D04EA98C4606B3E9385A86">
<enum>
(b)
</enum>
<header>
Judgment
</header>
<text>
The court shall have jurisdiction to make and enter a decree affirming, modifying, or setting aside the order of the Secretary in whole or in part. The judgment of the court regarding the order shall be final, subject to certiorari review by the Supreme Court as provided in
<external-xref legal-doc="usc" parsable-cite="usc/28/1254">
section 1254(1)
</external-xref>
of title 28, United States Code.
</text>
</subsection>
</section>
<section id="HB2283D2103CC4B0BB3B92E6AB838B235">
<enum>
188.
</enum>
<header>
Nondiscrimination
</header>
<subsection id="H7F04C4CFB8E2456A9554EF9CFE5AFDA5">
<enum>
(a)
</enum>
<header>
In general
</header>
<paragraph id="HF9E864E1901244619BEC59FE83296EDC">
<enum>
(1)
</enum>
<header>
Federal financial assistance
</header>
<text>
For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (
<external-xref legal-doc="usc" parsable-cite="usc/42/6101">
42 U.S.C. 6101 et seq.
</external-xref>
), on the basis of disability under section 504 of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/794">
29 U.S.C. 794
</external-xref>
), on the basis of sex under title IX of the Education Amendments of 1972 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1681">
20 U.S.C. 1681 et seq.
</external-xref>
), or on the basis of race, color, or national origin under title VI of the Civil Rights Act of 1964 (
<external-xref legal-doc="usc" parsable-cite="usc/42/2000d">
42 U.S.C. 2000d et seq.
</external-xref>
), programs and activities funded or otherwise financially assisted in whole or in part under this Act are considered to be programs and activities receiving Federal financial assistance.
</text>
</paragraph>
<paragraph id="H89EB9E08BFC34DA4BF43A7D9E17AD673">
<enum>
(2)
</enum>
<header>
Prohibition of discrimination regarding participation, benefits, and employment
</header>
<text>
No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with, any such program or activity because of race, color, religion, sex (except as otherwise permitted under title IX of the Education Amendments of 1972), national origin, age, disability, or political affiliation or belief.
</text>
</paragraph>
<paragraph id="HF75F72F0455C4158B949B3F0FEEFE6E0">
<enum>
(3)
</enum>
<header>
Prohibition on assistance for facilities for sectarian instruction or religious worship
</header>
<text>
Participants shall not be employed under this title to carry out the construction, operation, or maintenance of any part of any facility that is used or to be used for sectarian instruction or as a place for religious worship (except with respect to the maintenance of a facility that is not primarily or inherently devoted to sectarian instruction or religious worship, in a case in which the organization operating the facility is part of a program or activity providing services to participants).
</text>
</paragraph>
<paragraph id="H6CFCF0ABC8FD4C968D622FD8EDADCB54">
<enum>
(4)
</enum>
<header>
Prohibition on discrimination on basis of participant status
</header>
<text>
No person may discriminate against an individual who is a participant in a program or activity that receives funds under this title, with respect to the terms and conditions affecting, or rights provided to, the individual, solely because of the status of the individual as a participant.
</text>
</paragraph>
<paragraph id="H3CE08F31021A4F2CB0DE214CB5B3A01C">
<enum>
(5)
</enum>
<header>
Prohibition on discrimination against certain noncitizens
</header>
<text>
Participation in programs and activities or receiving funds under this title shall be available to citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees, asylees, and parolees, and other immigrants authorized by the Attorney General to work in the United States.
</text>
</paragraph>
</subsection>
<subsection id="H6BF3F11C2905427684D8921DCC48E808">
<enum>
(b)
</enum>
<header>
Action of Secretary
</header>
<text>
Whenever the Secretary finds that a State or other recipient of funds under this title has failed to comply with a provision of law referred to in subsection (a)(1), or with paragraph (2), (3), (4), or (5) of subsection (a), including an applicable regulation prescribed to carry out such provision or paragraph, the Secretary shall notify such State or recipient and shall request that the State or recipient comply. If within a reasonable period of time, not to exceed 60 days, the State or recipient fails or refuses to comply, the Secretary may—
</text>
<paragraph id="H595AFA6FFBB44F2EAFB108AB9E14EB0A">
<enum>
(1)
</enum>
<text>
refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; or
</text>
</paragraph>
<paragraph id="H2CF69ADD4F7F4E2D85D802B1262A1EFD">
<enum>
(2)
</enum>
<text>
take such other action as may be provided by law.
</text>
</paragraph>
</subsection>
<subsection id="HFD1510E103574B32915DF88CED5967CC">
<enum>
(c)
</enum>
<header>
Action of attorney general
</header>
<text>
When a matter is referred to the Attorney General pursuant to subsection (b)(1), or whenever the Attorney General has reason to believe that a State or other recipient of funds under this title is engaged in a pattern or practice of discrimination in violation of a provision of law referred to in subsection (a)(1) or in violation of paragraph (2), (3), (4), or (5) of subsection (a), the Attorney General may bring a civil action in any appropriate district court of the United States for such relief as may be appropriate, including injunctive relief.
</text>
</subsection>
<subsection id="HEE38F94641A14CB3951CC9C4C4C31DE0">
<enum>
(d)
</enum>
<header>
Job corps
</header>
<text>
For the purposes of this section, Job Corps members shall be considered to be the ultimate beneficiaries of Federal financial assistance.
</text>
</subsection>
<subsection id="H83FD177B011E46BE8A48763C3A1E4E22">
<enum>
(e)
</enum>
<header>
Regulations
</header>
<text>
The Secretary shall issue regulations necessary to implement this section not later than 1 year after the date of enactment of the Workforce Innovation and Opportunity Act. Such regulations shall adopt standards for determining discrimination and procedures for enforcement that are consistent with the Acts referred to in subsection (a)(1), as well as procedures to ensure that complaints filed under this section and such Acts are processed in a manner that avoids duplication of effort.
</text>
</subsection>
</section>
<section id="H7E690D0CDC3E4A6F9D20F14C7B95685F">
<enum>
189.
</enum>
<header>
Secretarial administrative authorities and responsibilities
</header>
<subsection id="H5940A2815C9B48F98103C91201B3832E">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
In accordance with
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/5">
chapter 5
</external-xref>
of title 5, United States Code, the Secretary may prescribe rules and regulations to carry out this title, only to the extent necessary to administer and ensure compliance with the requirements of this title. Such rules and regulations may include provisions making adjustments authorized by
<external-xref legal-doc="usc" parsable-cite="usc/31/6504">
section 6504
</external-xref>
of title 31, United States Code. All such rules and regulations shall be published in the Federal Register at least 30 days prior to their effective dates. Copies of each such rule or regulation shall be transmitted to the appropriate committees of Congress on the date of such publication and shall contain, with respect to each material provision of such rule or regulation, a citation to the particular substantive section of law that is the basis for the provision.
</text>
</subsection>
<subsection id="H70C8B651C68643F5B0F8C2B65037EC00">
<enum>
(b)
</enum>
<header>
Acquisition of certain property and services
</header>
<text>
The Secretary is authorized, in carrying out this title, to accept, purchase, or lease in the name of the Department of Labor, and employ or dispose of in furtherance of the purposes of this title, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise, and to accept voluntary and uncompensated services notwithstanding the provisions of
<external-xref legal-doc="usc" parsable-cite="usc/31/1342">
section 1342
</external-xref>
of title 31, United States Code.
</text>
</subsection>
<subsection id="HBFF2C2F5264F46B3BD90A33223A686F6">
<enum>
(c)
</enum>
<header>
Authority To enter into certain agreements and To make certain expenditures
</header>
<text>
The Secretary may make such grants, enter into such contracts or agreements, establish such procedures, and make such payments, in installments and in advance or by way of reimbursement, or otherwise allocate or expend such funds under this title, as may be necessary to carry out this title, including making expenditures for construction, repairs, and capital improvements, and including making necessary adjustments in payments on account of over-payments or underpayments.
</text>
</subsection>
<subsection id="HC19C0125775E47749D60DB893EA796B2">
<enum>
(d)
</enum>
<header>
Annual report
</header>
<text>
The Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate an annual report regarding the programs and activities funded under this title. The Secretary shall include in such report—
</text>
<paragraph id="H34F1B4D00658400287ECDDFD86A5890E">
<enum>
(1)
</enum>
<text>
a summary of the achievements, failures, and challenges of the programs and activities in meeting the objectives of this title;
</text>
</paragraph>
<paragraph id="H700710DE5B834DCAB7E905D84C109F70">
<enum>
(2)
</enum>
<text>
a summary of major findings from research, evaluations, pilot projects, and experiments conducted under this title in the fiscal year prior to the submission of the report;
</text>
</paragraph>
<paragraph id="H2EAC7C1321FD49A4A3B135D6C846F04D">
<enum>
(3)
</enum>
<text>
recommendations for modifications in the programs and activities based on analysis of such findings; and
</text>
</paragraph>
<paragraph id="H20336B4AA8FD4245839A8D04BBDD32AD">
<enum>
(4)
</enum>
<text>
such other recommendations for legislative or administrative action as the Secretary determines to be appropriate.
</text>
</paragraph>
</subsection>
<subsection id="HCBDAFFD3F13E456B9BCDBAFF4049E850">
<enum>
(e)
</enum>
<header>
Utilization of services and facilities
</header>
<text>
The Secretary is authorized, in carrying out this title, under the same procedures as are applicable under subsection (c) or to the extent permitted by law other than this title, to accept and use the services and facilities of departments, agencies, and establishments of the United States. The Secretary is also authorized, in carrying out this title, to accept and use the services and facilities of the agencies of any State or political subdivision of a State, with the consent of the State or political subdivision.
</text>
</subsection>
<subsection id="HA199F88216634005B8D152A04F82C9D9">
<enum>
(f)
</enum>
<header>
Obligational authority
</header>
<text>
Notwithstanding any other provision of this title, the Secretary shall have no authority to enter into contracts, grant agreements, or other financial assistance agreements under this title, except to such extent and in such amounts as are provided in advance in appropriations Acts.
</text>
</subsection>
<subsection id="H42559C8E45C94F2D81A1563D89C8ADE3">
<enum>
(g)
</enum>
<header>
Program year
</header>
<paragraph id="HC61638D40EFA477C8DB7443BA0481D38">
<enum>
(1)
</enum>
<header>
In general
</header>
<subparagraph id="HB040C8E3FA1D472CB1E8E7D3EE2D19CF">
<enum>
(A)
</enum>
<header>
Program year
</header>
<text>
Except as provided in subparagraph (B), appropriations for any fiscal year for programs and activities funded under this title shall be available for obligation only on the basis of a program year. The program year shall begin on July 1 in the fiscal year for which the appropriation is made.
</text>
</subparagraph>
<subparagraph id="H251F82B71C7847D2A0D9789574B580DD">
<enum>
(B)
</enum>
<header>
Youth workforce investment activities
</header>
<text>
The Secretary may make available for obligation, beginning April 1 of any fiscal year, funds appropriated for such fiscal year to carry out youth workforce investment activities under subtitle B and activities under section 171.
</text>
</subparagraph>
</paragraph>
<paragraph id="HDB26E94E4E744EE289036B24673AC6B4">
<enum>
(2)
</enum>
<header>
Availability
</header>
<subparagraph id="H386D87023D0348DEBBCC1DFB3A26A775">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Funds obligated for any program year for a program or activity funded under subtitle B may be expended by each State receiving such funds during that program year and the 2 succeeding program years. Funds received by local areas from States under subtitle B during a program year may be expended during that program year and the succeeding program year.
</text>
</subparagraph>
<subparagraph id="HA4BD02A295AB4F539DC282FE48E474EF">
<enum>
(B)
</enum>
<header>
Certain national activities
</header>
<clause id="HA7948C9A102144D4A845321345139CDB">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
Funds obligated for any program year for any program or activity carried out under section 169 shall remain available until expended.
</text>
</clause>
<clause id="H5740465406E84C11853ED284AF4B28D3">
<enum>
(ii)
</enum>
<header>
Incremental funding basis
</header>
<text>
A contract or arrangement entered into under the authority of subsection (a) or (b) of section 169 (relating to evaluations, research projects, studies and reports, and multistate projects), including a long-term, nonseverable services contract, may be funded on an incremental basis with annual appropriations or other available funds.
</text>
</clause>
</subparagraph>
<subparagraph id="HFD94E55C4726408DA23FA9ECE50B007C">
<enum>
(C)
</enum>
<header>
Special rule
</header>
<text>
No amount of the funds obligated for a program year for a program or activity funded under this title shall be deobligated on account of a rate of expenditure that is consistent with a State plan, an operating plan described in section 151, or a plan, grant agreement, contract, application, or other agreement described in subtitle D, as appropriate.
</text>
</subparagraph>
<subparagraph id="HF9CD10A80D324C6091EE8702405E7D47">
<enum>
(D)
</enum>
<header>
Funds for pay-for-performance contract strategies
</header>
<text>
Funds used to carry out pay-for-performance contract strategies by local areas shall remain available until expended.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H89524DB902A542F8837CED9C0A81EB44">
<enum>
(h)
</enum>
<header>
Enforcement of Military Selective Service Act
</header>
<text>
The Secretary shall ensure that each individual participating in any program or activity established under this title, or receiving any assistance or benefit under this title, has not violated section 3 of the Military Selective Service Act (
<external-xref legal-doc="usc-appendix" parsable-cite="usc-appendix/50/453">
50 U.S.C. App. 453
</external-xref>
) by not presenting and submitting to registration as required pursuant to such section. The Director of the Selective Service System shall cooperate with the Secretary to enable the Secretary to carry out this subsection.
</text>
</subsection>
<subsection id="H691A7C237D324174BBC4C3E35502D3F7">
<enum>
(i)
</enum>
<header>
Waivers
</header>
<paragraph id="H2B27954CFA7645709713FCD927B31E31">
<enum>
(1)
</enum>
<header>
Special rule regarding designated areas
</header>
<text>
A State that has enacted, not later than December 31, 1997, a State law providing for the designation of service delivery areas for the delivery of workforce investment activities, may use such areas as local areas under this title, notwithstanding section 106.
</text>
</paragraph>
<paragraph id="H32EF0C13E45B42889407EBBF722D3F86">
<enum>
(2)
</enum>
<header>
Special rule regarding sanctions
</header>
<text>
A State that has enacted, not later than December 31, 1997, a State law providing for the sanctioning of such service delivery areas for failure to meet performance accountability measures for workforce investment activities, may use the State law to sanction local areas for failure to meet State performance accountability measures under this title.
</text>
</paragraph>
<paragraph id="H741D48DCD4B04D93A40167F67352EC85">
<enum>
(3)
</enum>
<header>
General waivers of statutory or regulatory requirements
</header>
<subparagraph id="H93B893D9E7CF490991A08A2225C87452">
<enum>
(A)
</enum>
<header>
General authority
</header>
<text>
Notwithstanding any other provision of law, the Secretary may waive for a State, or a local area in a State, pursuant to a request submitted by the Governor of the State (in consultation with appropriate local elected officials) with a plan that meets the requirements of subparagraph (B)—
</text>
<clause id="H0C4B9E17091E482DAF66F6B2468373D1">
<enum>
(i)
</enum>
<text>
any of the statutory or regulatory requirements of subtitle A, subtitle B, or this subtitle (except for requirements relating to wage and labor standards, including nondisplacement protections, worker rights, participation and protection of workers and participants, grievance procedures and judicial review, nondiscrimination, allocation of funds to local areas, eligibility of providers or participants, the establishment and functions of local areas and local boards, the funding of infrastructure costs for one-stop centers, and procedures for review and approval of plans, and other requirements relating to the basic purposes of this title); and
</text>
</clause>
<clause id="HCFFB046E93F74718956083B1CD2C25A9">
<enum>
(ii)
</enum>
<text>
any of the statutory or regulatory requirements of sections 8 through 10 of the Wagner-Peyser Act (29 U.S.C. 49g through 49i) (excluding requirements relating to the provision of services to unemployment insurance claimants and veterans, and requirements relating to universal access to basic labor exchange services without cost to jobseekers).
</text>
</clause>
</subparagraph>
<subparagraph id="H469B1CC8B3E24BB59F1B7409086CF5B9">
<enum>
(B)
</enum>
<header>
Requests
</header>
<text>
A Governor requesting a waiver under subparagraph (A) shall submit a plan to the Secretary to improve the statewide workforce development system that—
</text>
<clause id="H0DF5CE4F8E764B5F8558D06E1C1C5C57">
<enum>
(i)
</enum>
<text>
identifies the statutory or regulatory requirements that are requested to be waived and the goals that the State or local area in the State, as appropriate, intends to achieve as a result of the waiver;
</text>
</clause>
<clause id="H8CF489DBFBFC4EF1ABF1D9BF3AB7331E">
<enum>
(ii)
</enum>
<text>
describes the actions that the State or local area, as appropriate, has undertaken to remove State or local statutory or regulatory barriers;
</text>
</clause>
<clause id="H597798C78E19418785494440958BB242">
<enum>
(iii)
</enum>
<text>
describes the goals of the waiver and the expected programmatic outcomes if the request is granted;
</text>
</clause>
<clause id="H5D1D7713EA9645DFA386E7F354123B98">
<enum>
(iv)
</enum>
<text>
describes the individuals impacted by the waiver; and
</text>
</clause>
<clause id="HD38F4261A798408494EDCD6599F313F2">
<enum>
(v)
</enum>
<text>
describes the process used to monitor the progress in implementing such a waiver, and the process by which notice and, in the case of a waiver for a local area, an opportunity to comment on such request has been provided to the local board for the local area for which the waiver is requested.
</text>
</clause>
</subparagraph>
<subparagraph id="H96E5172A02984ACBB54F7C6B89F7EEFB">
<enum>
(C)
</enum>
<header>
Conditions
</header>
<text>
Not later than 90 days after the date of the original submission of a request for a waiver under subparagraph (A), the Secretary shall provide a waiver under this subsection if and only to the extent that—
</text>
<clause id="H2A197B27251D4821B601761B9125FD14">
<enum>
(i)
</enum>
<text>
the Secretary determines that the requirements requested to be waived impede the ability of the State or local area, as appropriate, to implement the plan described in subparagraph (B); and
</text>
</clause>
<clause id="HB1188DA164094788B331C3F5052193B1">
<enum>
(ii)
</enum>
<text>
the State has executed a memorandum of understanding with the Secretary requiring such State to meet, or ensure that the local area for which the waiver is requested meets, agreed-upon outcomes and to implement other appropriate measures to ensure accountability.
</text>
</clause>
</subparagraph>
<subparagraph id="H93A5E31840604F2A9F4A80B62B3A13A1">
<enum>
(D)
</enum>
<header>
Expedited determination regarding provision of waivers
</header>
<text>
If the Secretary has approved a waiver of statutory or regulatory requirements for a State or local area pursuant to this subsection, the Secretary shall expedite the determination regarding the provision of that waiver, for another State or local area if such waiver is in accordance with the approved State or local plan, as appropriate.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H6B5613FEE0A94C4696958431C425251C">
<enum>
190.
</enum>
<header>
Workforce flexibility plans
</header>
<subsection id="H62A623214AAF47A98AA4F10377AEAD0D">
<enum>
(a)
</enum>
<header>
Plans
</header>
<text>
A State may submit to the Secretary, and the Secretary may approve, a workforce flexibility plan under which the State is authorized to waive, in accordance with the plan—
</text>
<paragraph id="HCE581CE295374A319B34A44A0B2796D3">
<enum>
(1)
</enum>
<text>
any of the statutory or regulatory requirements applicable under this title to local areas, pursuant to applications for such waivers from the local areas, except for requirements relating to the basic purposes of this title, wage and labor standards, grievance procedures and judicial review, nondiscrimination, eligibility of participants, allocation of funds to local areas, establishment and functions of local areas and local boards, procedures for review and approval of local plans, and worker rights, participation, and protection;
</text>
</paragraph>
<paragraph id="H2312D1214896492E8AA2BDBD090CF19F">
<enum>
(2)
</enum>
<text>
any of the statutory or regulatory requirements applicable under sections 8 through 10 of the Wagner-Peyser Act (29 U.S.C. 49g through 49i) to the State (excluding requirements relating to the provision of services to unemployment insurance claimants and veterans, and requirements relating to universal access to basic labor exchange services without cost to jobseekers); and
</text>
</paragraph>
<paragraph id="H5AFFC5872789441EA15BA87A6ED9FE28">
<enum>
(3)
</enum>
<text>
any of the statutory or regulatory requirements applicable under the Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3001">
42 U.S.C. 3001 et seq.
</external-xref>
) to State agencies on aging with respect to activities carried out using funds allotted under section 506(b) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056d">
42 U.S.C. 3056d(b)
</external-xref>
), except for requirements relating to the basic purposes of such Act, wage and labor standards, eligibility of participants in the activities, and standards for grant agreements.
</text>
</paragraph>
</subsection>
<subsection id="H19F4CD5EAA3043F0A3D1FFFFA0B801C4">
<enum>
(b)
</enum>
<header>
Content of plans
</header>
<text>
A workforce flexibility plan implemented by a State under subsection (a) shall include descriptions of—
</text>
<paragraph id="H5F1C995A65BF4866AE18B31E7256FED3">
<enum>
(1)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H374ABE65A3AF46F5A057540472F50345">
<enum>
(A)
</enum>
<text>
the process by which local areas in the State may submit and obtain approval by the State of applications for waivers of requirements applicable under this title; and
</text>
</subparagraph>
<subparagraph id="H255306982429415E932C3FC10BC800CF" indent="up1">
<enum>
(B)
</enum>
<text>
the requirements described in subparagraph (A) that are likely to be waived by the State under the plan;
</text>
</subparagraph>
</paragraph>
<paragraph id="H098AD40221DF4536B72C1C5354D60B64">
<enum>
(2)
</enum>
<text>
the requirements applicable under sections 8 through 10 of the Wagner-Peyser Act that are proposed to be waived, if any;
</text>
</paragraph>
<paragraph id="H0F330940CAC74AC68E9CCF76B95750EE">
<enum>
(3)
</enum>
<text>
the requirements applicable under the Older Americans Act of 1965 that are proposed to be waived, if any;
</text>
</paragraph>
<paragraph id="H200D579D1F5C445BB81C1B93DDD8E804">
<enum>
(4)
</enum>
<text>
the outcomes to be achieved by the waivers described in paragraphs (1) through (3); and
</text>
</paragraph>
<paragraph id="H8EB3B41F74CA4B7AA80BF533E94D148D">
<enum>
(5)
</enum>
<text>
other measures to be taken to ensure appropriate accountability for Federal funds in connection with the waivers.
</text>
</paragraph>
</subsection>
<subsection id="H0355AE5CAF114FB5849ABCCCF79FA2BF">
<enum>
(c)
</enum>
<header>
Periods
</header>
<text>
The Secretary may approve a workforce flexibility plan for a period of not more than 5 years.
</text>
</subsection>
<subsection id="HA62B5FA640ED4685B7FF543E89836EB1">
<enum>
(d)
</enum>
<header>
Opportunity for public comments
</header>
<text>
Prior to submitting a workforce flexibility plan to the Secretary for approval, the State shall provide to all interested parties and to the general public adequate notice of and a reasonable opportunity for comment on the waiver requests proposed to be implemented pursuant to such plan.
</text>
</subsection>
</section>
<section id="H2BC1F2562D8E428F859F767064D52D87">
<enum>
191.
</enum>
<header>
State legislative authority
</header>
<subsection id="HD9E308CDFBDE4D5C95972DB59FCC62D1">
<enum>
(a)
</enum>
<header>
Authority of State legislature
</header>
<text>
Nothing in this title shall be interpreted to preclude the enactment of State legislation providing for the implementation, consistent with the provisions of this title, of the activities assisted under this title. Any funds received by a State under this title shall be subject to appropriation by the State legislature, consistent with the terms and conditions required under this title.
</text>
</subsection>
<subsection id="HEA380D2010CF446D92DF9077E2A08A3B">
<enum>
(b)
</enum>
<header>
Interstate compacts and cooperative agreements
</header>
<text>
In the event that compliance with provisions of this title would be enhanced by compacts and cooperative agreements between States, the consent of Congress is given to States to enter into such compacts and agreements to facilitate such compliance, subject to the approval of the Secretary.
</text>
</subsection>
</section>
<section id="H623EC593B51547589A822A9DA2C4BA15">
<enum>
192.
</enum>
<header>
Transfer of Federal equity in State employment security agency real property to the States
</header>
<subsection id="H8C91DCC4E5DB4C1C9B9B4ECD328F3AF0">
<enum>
(a)
</enum>
<header>
Transfer of Federal equity
</header>
<text>
Notwithstanding any other provision of law, any Federal equity acquired in real property through grants to States awarded under title III of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/501">
42 U.S.C. 501 et seq.
</external-xref>
) or under the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) is transferred to the States that used the grants for the acquisition of such equity. The portion of any real property that is attributable to the Federal equity transferred under this section shall be used to carry out activities authorized under this Act, title III of the Social Security Act, or the Wagner-Peyser Act. Any disposition of such real property shall be carried out in accordance with the procedures prescribed by the Secretary and the portion of the proceeds from the disposition of such real property that is attributable to the Federal equity transferred under this section shall be used to carry out activities authorized under this Act, title III of the Social Security Act, or the Wagner-Peyser Act.
</text>
</subsection>
<subsection id="H7EE6D89C6D5F4AC993587ABE033769D5">
<enum>
(b)
</enum>
<header>
Limitation on use
</header>
<text>
A State shall not use funds awarded under this Act, title III of the Social Security Act, or the Wagner-Peyser Act to amortize the costs of real property that is purchased by any State on or after the date of enactment of the Revised Continuing Appropriations Resolution, 2007.
</text>
</subsection>
</section>
<section id="HEC197D7D860540768CC4FA1482F20C52">
<enum>
193.
</enum>
<header>
Continuation of State activities and policies
</header>
<subsection id="H26148E2C8A9C42AB91A74BA3D2BF7622">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Notwithstanding any other provision of this title, the Secretary may not deny approval of a State plan for a covered State, or an application of a covered State for financial assistance, under this title, or find a covered State (including a State board or Governor), or a local area (including a local board or chief elected official) in a covered State, in violation of a provision of this title, on the basis that—
</text>
<paragraph id="H1084367B38504168B493435257B08014">
<enum>
(1)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HA994CF2C08F14CCD83F75FB181E9F8F5">
<enum>
(A)
</enum>
<text>
the State proposes to allocate or disburse, allocates, or disburses, within the State, funds made available to the State under section 127 or 132 in accordance with the allocation formula for the type of activities involved, or in accordance with a disbursal procedure or process, used by the State under prior consistent State laws; or
</text>
</subparagraph>
<subparagraph id="HED264BDED0DB416FB094C1391CDC05D6" indent="up1">
<enum>
(B)
</enum>
<text>
a local board in the State proposes to disburse, or disburses, within the local area, funds made available to the State under section 127 or 132 in accordance with a disbursal procedure or process used by a private industry council under prior consistent State law;
</text>
</subparagraph>
</paragraph>
<paragraph id="H644C3E6789034E08B64F381E4CF2A0EE">
<enum>
(2)
</enum>
<text>
the State proposes to carry out or carries out a State procedure through which local areas use, as fiscal agents for funds made available to the State under section 127 or 132 and allocated within the State, fiscal agents selected in accordance with a process established under prior consistent State laws;
</text>
</paragraph>
<paragraph id="H7BB23E8CC51D415FBD1990C35910307D">
<enum>
(3)
</enum>
<text>
the State proposes to carry out or carries out a State procedure through which the local boards in the State (or the local boards, the chief elected officials in the State, and the Governor) designate or select the one-stop partners and one-stop operators of the statewide system in the State under prior consistent State laws, in lieu of making the designation or certification described in section 121 (regardless of the date the one-stop delivery systems involved have been established);
</text>
</paragraph>
<paragraph id="H19E91B1AC34047568C1EDF69BA59F9A8">
<enum>
(4)
</enum>
<text>
the State proposes to carry out or carries out a State procedure through which the persons responsible for selecting eligible providers for purposes of subtitle B are permitted to determine that a provider shall not be selected to provide both intake services under section 134(c)(2) and training services under section 134(c)(3), under prior consistent State laws;
</text>
</paragraph>
<paragraph id="H8F35F73E14C74C21AE60134E7328383F">
<enum>
(5)
</enum>
<text>
the State proposes to designate or designates a State board, or proposes to assign or assigns functions and roles of the State board (including determining the time periods for development and submission of a State plan required under section 102 or 103), for purposes of subtitle A in accordance with prior consistent State laws; or
</text>
</paragraph>
<paragraph id="H2CA2F3205BE74894B822A4246164528A">
<enum>
(6)
</enum>
<text>
a local board in the State proposes to use or carry out, uses, or carries out a local plan (including assigning functions and roles of the local board) for purposes of subtitle A in accordance with the authorities and requirements applicable to local plans and private industry councils under prior consistent State laws.
</text>
</paragraph>
</subsection>
<subsection id="H7B3E9D04BF274A29869998C0B30DE670">
<enum>
(b)
</enum>
<header>
Definition
</header>
<text>
In this section:
</text>
<paragraph id="H9AB61E24ECF048B9A2F01B16D2C9F32D">
<enum>
(1)
</enum>
<header>
Covered State
</header>
<text>
The term
<term>
covered State
</term>
means a State that enacted State laws described in paragraph (2).
</text>
</paragraph>
<paragraph id="H040B99CB604F4F8CA8B2170DE2C28147">
<enum>
(2)
</enum>
<header>
Prior consistent State laws
</header>
<text>
The term
<term>
prior consistent State laws
</term>
means State laws, not inconsistent with the Job Training Partnership Act or any other applicable Federal law, that took effect on September 1, 1993, September 1, 1995, and September 1, 1997.
</text>
</paragraph>
</subsection>
</section>
<section id="HD091ED76F411484491AFEE03A2201DDE">
<enum>
194.
</enum>
<header>
General program requirements
</header>
<text display-inline="no-display-inline">
Except as otherwise provided in this title, the following conditions apply to all programs under this title:
</text>
<paragraph id="H5636D4FBBF494166A3723CE18D4349F8">
<enum>
(1)
</enum>
<text>
Each program under this title shall provide employment and training opportunities to those who can benefit from, and who are most in need of, such opportunities. In addition, the recipients of Federal funding for programs under this title shall make efforts to develop programs that contribute to occupational development, upward mobility, development of new careers, and opportunities for nontraditional employment.
</text>
</paragraph>
<paragraph id="HF8FAD587A51043E8A2365535F4494542">
<enum>
(2)
</enum>
<text>
Funds provided under this title shall only be used for activities that are in addition to activities that would otherwise be available in the local area in the absence of such funds.
</text>
</paragraph>
<paragraph commented="no" id="HBACC49B38FA94F7A97D2603492C6851A">
<enum>
(3)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H23EA490D72814E32A970AE9A70B345B7">
<enum>
(A)
</enum>
<text>
Any local area may enter into an agreement with another local area (including a local area that is a city or county within the same labor market) to pay or share the cost of educating, training, or placing individuals participating in programs assisted under this title, including the provision of supportive services.
</text>
</subparagraph>
<subparagraph commented="no" id="H90C7FB2E123D4DBCBDAE5EDB2FC36590" indent="up1">
<enum>
(B)
</enum>
<text>
Such agreement shall be approved by each local board for a local area entering into the agreement and shall be described in the local plan under section 108.
</text>
</subparagraph>
</paragraph>
<paragraph id="H027E2FA0E4CF422AB5119C84D073C320">
<enum>
(4)
</enum>
<text>
On-the-job training contracts under this title, shall not be entered into with employers who have received payments under previous contracts under this Act or the Workforce Investment Act of 1998 and have exhibited a pattern of failing to provide on-the-job training participants with continued long-term employment as regular employees with wages and employment benefits (including health benefits) and working conditions at the same level and to the same extent as other employees working a similar length of time and doing the same type of work.
</text>
</paragraph>
<paragraph id="HEF38DD73D66F43378BC850AA52093C9B">
<enum>
(5)
</enum>
<text>
No person or organization may charge an individual a fee for the placement or referral of the individual in or to a workforce investment activity under this title.
</text>
</paragraph>
<paragraph id="H084254E08DAF4B05B97F5115AD66C817">
<enum>
(6)
</enum>
<text>
The Secretary shall not provide financial assistance for any program under this title that involves political activities.
</text>
</paragraph>
<paragraph id="HB16F5306AF71491BBB890FEA82B24DD1">
<enum>
(7)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H74ABBB9C9239494E89787228E86F11AE">
<enum>
(A)
</enum>
<text>
Income under any program administered by a public or private nonprofit entity may be retained by such entity only if such income is used to continue to carry out the program.
</text>
</subparagraph>
<subparagraph id="H03F56CD4080840D0B81F66557D27401F" indent="up1">
<enum>
(B)
</enum>
<text>
Income subject to the requirements of subparagraph (A) shall include—
</text>
<clause id="HA1A13AD9B15C4340BDBC20AD23028674">
<enum>
(i)
</enum>
<text>
receipts from goods or services (including conferences) provided as a result of activities funded under this title;
</text>
</clause>
<clause id="HF18B489698454AB5AA8D446676640164">
<enum>
(ii)
</enum>
<text>
funds provided to a service provider under this title that are in excess of the costs associated with the services provided; and
</text>
</clause>
<clause id="H8631C884FE1A4D7BA8784621D81DC092">
<enum>
(iii)
</enum>
<text>
interest income earned on funds received under this title.
</text>
</clause>
</subparagraph>
<subparagraph id="H079DCA78503043809B8B4E9B3D9D2DCB" indent="up1">
<enum>
(C)
</enum>
<text>
For purposes of this paragraph, each entity receiving financial assistance under this title shall maintain records sufficient to determine the amount of such income received and the purposes for which such income is expended.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0021F028500945578DA0CB2F6CB03E6D">
<enum>
(8)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H075790442F28456183F2CC923E11ABCA">
<enum>
(A)
</enum>
<text>
The Secretary shall notify the Governor and the appropriate local board and chief elected official of, and consult with the Governor and such board and official concerning, any activity to be funded by the Secretary under this title within the corresponding State or local area.
</text>
</subparagraph>
<subparagraph id="H7F74737A95B14D63A2CD107046896C70" indent="up1">
<enum>
(B)
</enum>
<text>
The Governor shall notify the appropriate local board and chief elected official of, and consult with such board and official concerning, any activity to be funded by the Governor under this title within the corresponding local area.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3E566726849740DD8B89519C2B7FA6AB">
<enum>
(9)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HB414BB42763D46B988110D1782431F7E">
<enum>
(A)
</enum>
<text>
All education programs for youth supported with funds provided under chapter 2 of subtitle B shall be consistent with applicable State and local educational standards.
</text>
</subparagraph>
<subparagraph id="H9631D4A2F70849ADB713711AC54B830F" indent="up1">
<enum>
(B)
</enum>
<text>
Standards and procedures with respect to awarding academic credit and certifying educational attainment in programs conducted under such chapter shall be consistent with the requirements of applicable State and local law, including regulation.
</text>
</subparagraph>
</paragraph>
<paragraph id="H88EAD50EF0E749E29D69CDB346348206">
<enum>
(10)
</enum>
<text>
No funds available under this title may be used for public service employment except as specifically authorized under this title.
</text>
</paragraph>
<paragraph id="H078C70144257458AA4030A798D747483">
<enum>
(11)
</enum>
<text>
The Federal requirements governing the title, use, and disposition of real property, equipment, and supplies purchased with funds provided under this title shall be the corresponding Federal requirements generally applicable to such items purchased through Federal grants to States and local governments.
</text>
</paragraph>
<paragraph id="H9E3CD1F54BD24A21A3CDC3426722985F">
<enum>
(12)
</enum>
<text>
Nothing in this title shall be construed to provide an individual with an entitlement to a service under this title.
</text>
</paragraph>
<paragraph id="HF900A4AE82B648A296F442D2F64C9264">
<enum>
(13)
</enum>
<text>
Services, facilities, or equipment funded under this title may be used, as appropriate, on a fee-for-service basis, by employers in a local area in order to provide employment and training activities to incumbent workers—
</text>
<subparagraph id="H59A7BD00868A4F72A35CF6E04C766955">
<enum>
(A)
</enum>
<text>
when such services, facilities, or equipment are not in use for the provision of services for eligible participants under this title;
</text>
</subparagraph>
<subparagraph id="HF76ABAF20FFD445CA53FFD1F47D4192B">
<enum>
(B)
</enum>
<text>
if such use for incumbent workers would not have an adverse effect on the provision of services to eligible participants under this title; and
</text>
</subparagraph>
<subparagraph id="H7CEFB024C15849B0B1DF490CF30CE03D">
<enum>
(C)
</enum>
<text>
if the income derived from such fees is used to carry out the programs authorized under this title.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2CECA0A48FB3487696B1A2724B804594">
<enum>
(14)
</enum>
<text>
Funds provided under this title shall not be used to establish or operate a stand-alone fee-for-service enterprise in a situation in which a private sector employment agency (as defined in section 701 of the Civil Rights Act of 1964 (
<external-xref legal-doc="usc" parsable-cite="usc/42/2000e">
42 U.S.C. 2000e
</external-xref>
)) is providing full access to similar or related services in such a manner as to fully meet the identified need. For purposes of this paragraph, such an enterprise does not include a one-stop delivery system described in section 121(e).
</text>
</paragraph>
<paragraph commented="no" id="HAF87AF1D36B9480F8C0C9636E56A505D">
<enum>
(15)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H92A2446F857648FDA682EFC2A7561A5A">
<enum>
(A)
</enum>
<text>
None of the funds available under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of the annual rate of basic pay prescribed for level II of the Executive Schedule under
<external-xref legal-doc="usc" parsable-cite="usc/5/5313">
section 5313
</external-xref>
of title 5, United States Code.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H139D2E3A927F4D3CB01529C613ACB6D8" indent="up1">
<enum>
(B)
</enum>
<text>
The limitation described in subparagraph (A) shall not apply to vendors providing goods and services as defined in Office of Management and Budget Circular A–133. In a case in which a State is a recipient of such funds, the State may establish a lower limit than is provided in subparagraph (A) for salaries and bonuses of those receiving salaries and bonuses from a subrecipient of such funds, taking into account factors including the relative cost of living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the Federal programs involved.
</text>
</subparagraph>
</paragraph>
</section>
<section id="HA60CC9DCB95F4BD188683D268BA994FE">
<enum>
195.
</enum>
<header>
Restrictions on lobbying activities
</header>
<subsection id="HD87F58AA55B64DF2887AE4751FCEE650">
<enum>
(a)
</enum>
<header>
Publicity restrictions
</header>
<paragraph id="H4592C305549D4FB98A9BB93BEBA64C30">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
No funds provided under this Act shall be used for—
</text>
<subparagraph id="H47F28E25DED24E73AA28709A3256EBC2">
<enum>
(A)
</enum>
<text>
publicity or propaganda purposes; or
</text>
</subparagraph>
<subparagraph id="HC6958238F07E4079B11799776B1D8C4D">
<enum>
(B)
</enum>
<text>
the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat—
</text>
<clause id="HB03F3EFF1FEA4787B737DD6F0D64E614">
<enum>
(i)
</enum>
<text>
the enactment of legislation before Congress or any State or local legislature or legislative body; or
</text>
</clause>
<clause id="H214B66BD8FA54FF6B863EC77D8EDA9B0">
<enum>
(ii)
</enum>
<text>
any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H8CFDAAB05D114E798238373E9173210C">
<enum>
(2)
</enum>
<header>
Exception
</header>
<text>
Paragraph (1) shall not apply to—
</text>
<subparagraph id="HF89C07F0AF7F4EEFBADDCE1EFE002B0B">
<enum>
(A)
</enum>
<text>
normal and recognized executive-legislative relationships;
</text>
</subparagraph>
<subparagraph id="H6045EB0296E346A9B61B90C602D4C5B4">
<enum>
(B)
</enum>
<text>
the preparation, distribution, or use of the materials described in paragraph (1)(B) in presentation to Congress or any State or local legislature or legislative body; or
</text>
</subparagraph>
<subparagraph id="HC96ABCFC6C2D48B8BD808DA08683F7B3">
<enum>
(C)
</enum>
<text>
such preparation, distribution, or use of such materials in presentation to the executive branch of any State or local government.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HC3EE9F022AA944E0AE5805DDB04AF231">
<enum>
(b)
</enum>
<header>
Salary restrictions
</header>
<paragraph id="H6032B1C7D5304A9DB1B16EFE47365489">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
No funds provided under this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment or issuance of legislation, appropriations, regulations, administrative action, or an Executive order proposed or pending before Congress or any State government, or a State or local legislature or legislative body.
</text>
</paragraph>
<paragraph id="HCBB9C2342B6946418268DD9FD39858B3">
<enum>
(2)
</enum>
<header>
Exception
</header>
<text>
Paragraph (1) shall not apply to—
</text>
<subparagraph id="HE20D0D054F124C9F8FD6585E7430F7DD">
<enum>
(A)
</enum>
<text>
normal and recognized executive-legislative relationships; or
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HB64C036B034C46C290FF461C765109F3">
<enum>
(B)
</enum>
<text>
participation by an agency or officer of a State, local, or tribal government in policymaking and administrative processes within the executive branch of that government.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
</subtitle>
</title>
<title id="H79668359A7F04C0595E0DCD48D5BE73E">
<enum>
II
</enum>
<header>
Adult education and literacy
</header>
<section id="H83742B4EE7A343EAB1AF100C5A34EAC2">
<enum>
201.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This title may be cited as the
<quote>
Adult Education and Family Literacy Act
</quote>
.
</text>
</section>
<section id="H566E762C7D4F4DA5833D19AAE6878BB0">
<enum>
202.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
It is the purpose of this title to create a partnership among the Federal Government, States, and localities to provide, on a voluntary basis, adult education and literacy activities, in order to—
</text>
<paragraph id="HF58F042B62314142B490A3C312F3F35D">
<enum>
(1)
</enum>
<text>
assist adults to become literate and obtain the knowledge and skills necessary for employment and economic self-sufficiency;
</text>
</paragraph>
<paragraph id="H0BAF4D0795C344D9B8BCAEAA0605360B">
<enum>
(2)
</enum>
<text>
assist adults who are parents or family members to obtain the education and skills that—
</text>
<subparagraph id="H2CBB739679A848299E684FE50551CB28">
<enum>
(A)
</enum>
<text>
are necessary to becoming full partners in the educational development of their children; and
</text>
</subparagraph>
<subparagraph id="HDD3549C39EB54C2CA1795035878EF3EC">
<enum>
(B)
</enum>
<text>
lead to sustainable improvements in the economic opportunities for their family;
</text>
</subparagraph>
</paragraph>
<paragraph id="HF4223CEE0C774918878C587A88C2A58B">
<enum>
(3)
</enum>
<text>
assist adults in attaining a secondary school diploma and in the transition to postsecondary education and training, including through career pathways; and
</text>
</paragraph>
<paragraph id="H2A50FCEF2B9D4DC082C3012B788362E0">
<enum>
(4)
</enum>
<text>
assist immigrants and other individuals who are English language learners in—
</text>
<subparagraph id="HBE8D18E681444BC8AEF4ED72EC8D145D">
<enum>
(A)
</enum>
<text>
improving their—
</text>
<clause id="H2A79F3991651429FAB9EDAFDB3D4DDBD">
<enum>
(i)
</enum>
<text>
reading, writing, speaking, and comprehension skills in English; and
</text>
</clause>
<clause id="HBEA82A11BDD343B487160FEA9369BE20">
<enum>
(ii)
</enum>
<text>
mathematics skills; and
</text>
</clause>
</subparagraph>
<subparagraph id="H3F797A14B91940BFA510B539399072B2">
<enum>
(B)
</enum>
<text>
acquiring an understanding of the American system of Government, individual freedom, and the responsibilities of citizenship.
</text>
</subparagraph>
</paragraph>
</section>
<section commented="no" id="HC147B936DADE4605BC92669FE0C3BF83">
<enum>
203.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this title:
</text>
<paragraph commented="no" id="H0A5668E4F1844925A1E08F59CFBA3D23">
<enum>
(1)
</enum>
<header>
Adult education
</header>
<text>
The term
<term>
adult education
</term>
means academic instruction and education services below the postsecondary level that increase an individual’s ability to—
</text>
<subparagraph commented="no" id="HB1BDB5F582E94C3CA5516F01FA01780B">
<enum>
(A)
</enum>
<text>
read, write, and speak in English and perform mathematics or other activities necessary for the attainment of a secondary school diploma or its recognized equivalent;
</text>
</subparagraph>
<subparagraph commented="no" id="HF0129A8E49964291980F381BF31EB9E7">
<enum>
(B)
</enum>
<text>
transition to postsecondary education and training; and
</text>
</subparagraph>
<subparagraph commented="no" id="H97AF6137277F4D209B46742A22FF3D7A">
<enum>
(C)
</enum>
<text>
obtain employment.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HF2F045D108E44C20A920654DF22122FD">
<enum>
(2)
</enum>
<header>
Adult education and literacy activities
</header>
<text>
The term
<term>
adult education and literacy activities
</term>
means programs, activities, and services that include adult education, literacy, workplace adult education and literacy activities, family literacy activities, English language acquisition activities, integrated English literacy and civics education, workforce preparation activities, or integrated education and training.
</text>
</paragraph>
<paragraph commented="no" id="H6F5A8ABB0F6C489EAE9226905A448FE6">
<enum>
(3)
</enum>
<header>
Eligible agency
</header>
<text>
The term
<term>
eligible agency
</term>
means the sole entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and literacy activities in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively.
</text>
</paragraph>
<paragraph commented="no" id="H41BE46D7CB84429381D4253618152750">
<enum>
(4)
</enum>
<header>
Eligible individual
</header>
<text>
The term
<term>
eligible individual
</term>
means an individual—
</text>
<subparagraph commented="no" id="H31E983431B4642DFB4F65E99A25CD532">
<enum>
(A)
</enum>
<text>
who has attained 16 years of age;
</text>
</subparagraph>
<subparagraph commented="no" id="HB265B02577BD4D708E391812A9CD8A15">
<enum>
(B)
</enum>
<text>
who is not enrolled or required to be enrolled in secondary school under State law; and
</text>
</subparagraph>
<subparagraph commented="no" id="H8D434DFBE0774DAC933843232C924649">
<enum>
(C)
</enum>
<text>
who—
</text>
<clause commented="no" id="HEFAF6137654E45E0A0DBE85872794D1D">
<enum>
(i)
</enum>
<text>
is basic skills deficient;
</text>
</clause>
<clause commented="no" id="HB4C8B08FEAED4E24B819A76CCEC0CEEC">
<enum>
(ii)
</enum>
<text>
does not have a secondary school diploma or its recognized equivalent, and has not achieved an equivalent level of education; or
</text>
</clause>
<clause commented="no" id="H9046F73DDE43490385FAE06459AAF07C">
<enum>
(iii)
</enum>
<text>
is an English language learner.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H84F56CBD68474B56B9C7A289DE612E20">
<enum>
(5)
</enum>
<header>
Eligible provider
</header>
<text>
The term
<term>
eligible provider
</term>
means an organization that has demonstrated effectiveness in providing adult education and literacy activities that may include—
</text>
<subparagraph commented="no" id="H6B0D50836B6E446E9782B4AFD1454025">
<enum>
(A)
</enum>
<text>
a local educational agency;
</text>
</subparagraph>
<subparagraph commented="no" id="H3BC5FB3C0D8143F981AB50471D69C7A9">
<enum>
(B)
</enum>
<text>
a community-based organization or faith-based organization;
</text>
</subparagraph>
<subparagraph commented="no" id="H0F46D9BD6A844D4F8ADF7677F880C325">
<enum>
(C)
</enum>
<text>
a volunteer literacy organization;
</text>
</subparagraph>
<subparagraph commented="no" id="HB4086612A4FE4B18A122BDFCAF424360">
<enum>
(D)
</enum>
<text>
an institution of higher education;
</text>
</subparagraph>
<subparagraph commented="no" id="HFCCC3901F0264C02BBCE7D7188D3291E">
<enum>
(E)
</enum>
<text>
a public or private nonprofit agency;
</text>
</subparagraph>
<subparagraph commented="no" id="HAD49F74A5B18400F94CFC7E1C4091449">
<enum>
(F)
</enum>
<text>
a library;
</text>
</subparagraph>
<subparagraph commented="no" id="H66728856F1A1446089B5792E4190F5A2">
<enum>
(G)
</enum>
<text>
a public housing authority;
</text>
</subparagraph>
<subparagraph commented="no" id="HB2C66840B84D43BA89024058EF0C593E">
<enum>
(H)
</enum>
<text>
a nonprofit institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education and literacy activities to eligible individuals;
</text>
</subparagraph>
<subparagraph commented="no" id="HE3D8FC9CA17D424986F5A16350115F3A">
<enum>
(I)
</enum>
<text>
a consortium or coalition of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H); and
</text>
</subparagraph>
<subparagraph commented="no" id="H5D7DC8B587A64B1193D4A6C66603B823">
<enum>
(J)
</enum>
<text>
a partnership between an employer and an entity described in any of subparagraphs (A) through (I).
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H9D9B6D859E0D4BD0961AADD34A0B3683">
<enum>
(6)
</enum>
<header>
English language acquisition program
</header>
<text>
The term
<term>
English language acquisition program
</term>
means a program of instruction—
</text>
<subparagraph commented="no" id="HB5969E1BA05E48B99F0F03D4D6CD5A1F">
<enum>
(A)
</enum>
<text>
designed to help eligible individuals who are English language learners achieve competence in reading, writing, speaking, and comprehension of the English language; and
</text>
</subparagraph>
<subparagraph commented="no" id="HAA87AB37CBC949D488550ADE027B8018">
<enum>
(B)
</enum>
<text>
that leads to—
</text>
<clause commented="no" id="HFF51D308807E403A8768FFBBA60F783B">
<enum>
(i)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H6569B7F0EFB84C67B517C1C5EA646D66">
<enum>
(I)
</enum>
<text>
attainment of a secondary school diploma or its recognized equivalent; and
</text>
</subclause>
<subclause commented="no" id="H23429BA618F546F58F291743281AEA1A" indent="up1">
<enum>
(II)
</enum>
<text>
transition to postsecondary education and training; or
</text>
</subclause>
</clause>
<clause commented="no" id="H184C78DE6D9442EBAB12C16200024D6D">
<enum>
(ii)
</enum>
<text>
employment.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H06449B77EB4949D79E48DD029D759161">
<enum>
(7)
</enum>
<header>
English language learner
</header>
<text>
The term
<term>
English language learner
</term>
when used with respect to an eligible individual, means an eligible individual who has limited ability in reading, writing, speaking, or comprehending the English language, and—
</text>
<subparagraph commented="no" id="H5EE646ADE9134E6690395BEC4E91776A">
<enum>
(A)
</enum>
<text>
whose native language is a language other than English; or
</text>
</subparagraph>
<subparagraph commented="no" id="HA59BDC92D61D47F2A3FD0F3DE99310F1">
<enum>
(B)
</enum>
<text>
who lives in a family or community environment where a language other than English is the dominant language.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HDBFC3AE767E249D9A06A1BC305E0BBDA">
<enum>
(8)
</enum>
<header>
Essential components of reading instruction
</header>
<text>
The term
<term>
essential components of reading instruction
</term>
has the meaning given the term in section 1208 of the Elementary and Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/6368">
20 U.S.C. 6368
</external-xref>
).
</text>
</paragraph>
<paragraph commented="no" id="HB83A178E779141EB9DD997A3E0CA3F26">
<enum>
(9)
</enum>
<header>
Family literacy activities
</header>
<text>
The term
<term>
family literacy activities
</term>
means activities that are of sufficient intensity and quality, to make sustainable improvements in the economic prospects for a family and that better enable parents or family members to support their children’s learning needs, and that integrate all of the following activities:
</text>
<subparagraph commented="no" id="H7AE06254CB6E4F1497630A7BB2A1DB69">
<enum>
(A)
</enum>
<text>
Parent or family adult education and literacy activities that lead to readiness for postsecondary education or training, career advancement, and economic self-sufficiency.
</text>
</subparagraph>
<subparagraph commented="no" id="H5F3421E80FE6494EA731136639707D5E">
<enum>
(B)
</enum>
<text>
Interactive literacy activities between parents or family members and their children.
</text>
</subparagraph>
<subparagraph commented="no" id="H5AF43468AF7F41AC932B8B9B9B10BD62">
<enum>
(C)
</enum>
<text>
Training for parents or family members regarding how to be the primary teacher for their children and full partners in the education of their children.
</text>
</subparagraph>
<subparagraph commented="no" id="H90BB082FC46640D3AE814EAFB0ECCDC3">
<enum>
(D)
</enum>
<text>
An age-appropriate education to prepare children for success in school and life experiences.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H4F03A986340E4417B91446C9F982AA19">
<enum>
(10)
</enum>
<header>
Institution of higher education
</header>
<text>
The term
<term>
institution of higher education
</term>
has the meaning given the term in section 101 of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1001">
20 U.S.C. 1001
</external-xref>
).
</text>
</paragraph>
<paragraph commented="no" id="H619B9CB9BDF3410DA2D8598635333C89">
<enum>
(11)
</enum>
<header>
Integrated education and training
</header>
<text>
The term
<term>
integrated education and training
</term>
means a service approach that provides adult education and literacy activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement.
</text>
</paragraph>
<paragraph commented="no" id="HDAE2B65AF141446B9BB655D7AF94C7CE">
<enum>
(12)
</enum>
<header>
Integrated english literacy and civics education
</header>
<text>
The term
<term>
integrated English literacy and civics education
</term>
means education services provided to English language learners who are adults, including professionals with degrees and credentials in their native countries, that enables such adults to achieve competency in the English language and acquire the basic and more advanced skills needed to function effectively as parents, workers, and citizens in the United States. Such services shall include instruction in literacy and English language acquisition and instruction on the rights and responsibilities of citizenship and civic participation, and may include workforce training.
</text>
</paragraph>
<paragraph commented="no" id="HABB89DA470264DF5B31DD1FC1E385489">
<enum>
(13)
</enum>
<header>
Literacy
</header>
<text>
The term
<term>
literacy
</term>
means an individual’s ability to read, write, and speak in English, compute, and solve problems, at levels of proficiency necessary to function on the job, in the family of the individual, and in society.
</text>
</paragraph>
<paragraph commented="no" id="H09252FBEFA914CE58ECF1BA112016D34">
<enum>
(14)
</enum>
<header>
Postsecondary educational institution
</header>
<text>
The term
<term>
postsecondary educational institution
</term>
means—
</text>
<subparagraph commented="no" id="H7E463DEEAAA34F06BE032C805C28E940">
<enum>
(A)
</enum>
<text>
an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree;
</text>
</subparagraph>
<subparagraph commented="no" id="H6D5CC01A27FC40469E4AEC4E00BB2102">
<enum>
(B)
</enum>
<text>
a tribally controlled college or university; or
</text>
</subparagraph>
<subparagraph commented="no" id="H422CC4C4CD3A4A84BD75F0D05CC000DB">
<enum>
(C)
</enum>
<text>
a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H4052BF928AD641368C9BDB5ED551F494">
<enum>
(15)
</enum>
<header>
Secretary
</header>
<text>
The term
<term>
Secretary
</term>
means the Secretary of Education.
</text>
</paragraph>
<paragraph commented="no" id="H9DF9511C17954D7F806614ED70C65C74">
<enum>
(16)
</enum>
<header>
Workplace adult education and literacy activities
</header>
<text>
The term
<term>
workplace adult education and literacy activities
</term>
means adult education and literacy activities offered by an eligible provider in collaboration with an employer or employee organization at a workplace or an off-site location that is designed to improve the productivity of the workforce.
</text>
</paragraph>
<paragraph commented="no" id="H45A314A20FE84A61825E2159497ECD7A">
<enum>
(17)
</enum>
<header>
Workforce preparation activities
</header>
<text>
The term
<term>
workforce preparation activities
</term>
means activities, programs, or services designed to help an individual acquire a combination of basic academic skills, critical thinking skills, digital literacy skills, and self-management skills, including competencies in utilizing resources, using information, working with others, understanding systems, and obtaining skills necessary for successful transition into and completion of postsecondary education or training, or employment.
</text>
</paragraph>
</section>
<section id="HBC8BC130A5D041C0B1BD9150A7F630DF">
<enum>
204.
</enum>
<header>
Home schools
</header>
<text display-inline="no-display-inline">
Nothing in this title shall be construed to affect home schools, whether a home school is treated as a home school or a private school under State law, or to compel a parent or family member engaged in home schooling to participate in adult education and literacy activities.
</text>
</section>
<section id="H8DE250BA66B14CADA4450AA5012DE543">
<enum>
205.
</enum>
<header>
Rule of construction regarding postsecondary transition and concurrent enrollment activities
</header>
<text display-inline="no-display-inline">
Nothing in this title shall be construed to prohibit or discourage the use of funds provided under this title for adult education and literacy activities that help eligible individuals transition to postsecondary education and training or employment, or for concurrent enrollment activities.
</text>
</section>
<section id="HDA09793CF29F4C3BA58FDE6DF675A3D4">
<enum>
206.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
There are authorized to be appropriated to carry out this title $577,667,000 for fiscal year 2015, $622,286,000 for fiscal year 2016, $635,198,000 for fiscal year 2017, $649,287,000 for fiscal year 2018, $664,552,000 for fiscal year 2019, and $678,640,000 for fiscal year 2020.
</text>
</section>
<subtitle id="HCECDD65C328E479D949C7F32778E9D63">
<enum>
A
</enum>
<header>
Federal provisions
</header>
<section id="H5D22E592239B4CE1835183BDFBC3FFBC">
<enum>
211.
</enum>
<header>
Reservation of funds; grants to eligible agencies; allotments
</header>
<subsection id="HE371022522F3455EA1DD771C2FC60C5E">
<enum>
(a)
</enum>
<header>
Reservation of funds
</header>
<text>
From the sum appropriated under section 206 for a fiscal year, the Secretary—
</text>
<paragraph id="H3DF13867FE01471B93401DB0FF581CE2">
<enum>
(1)
</enum>
<text>
shall reserve 2 percent to carry out section 242, except that the amount so reserved shall not exceed $15,000,000; and
</text>
</paragraph>
<paragraph id="HFFED65DFCF544125B956097732538B66">
<enum>
(2)
</enum>
<text>
shall reserve 12 percent of the amount that remains after reserving funds under paragraph (1) to carry out section 243.
</text>
</paragraph>
</subsection>
<subsection id="HC11C4B8EE57441F8BFF21EA780C81FE7">
<enum>
(b)
</enum>
<header>
Grants to eligible agencies
</header>
<paragraph id="H423C4903D10440ADBC907756D6918518">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
From the sum appropriated under section 206 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a unified State plan approved under section 102 or a combined State plan approved under section 103 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g), to enable the eligible agency to carry out the activities assisted under this title.
</text>
</paragraph>
<paragraph id="H28398DEA77C6476E95D59E2AC4E3838F">
<enum>
(2)
</enum>
<header>
Purpose of grants
</header>
<text>
The Secretary may award a grant under paragraph (1) only if the eligible entity involved agrees to expend the grant for adult education and literacy activities in accordance with the provisions of this title.
</text>
</paragraph>
</subsection>
<subsection id="HBF94D18A33D94F4088B67FC912A280B8">
<enum>
(c)
</enum>
<header>
Allotments
</header>
<paragraph id="H610040AE84C04572A62B9E4408229986">
<enum>
(1)
</enum>
<header>
Initial allotments
</header>
<text>
From the sum appropriated under section 206 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a unified State plan approved under section 102 or a combined State plan approved under section 103—
</text>
<subparagraph id="H56E98AC74A6949379421D9957D5233AD">
<enum>
(A)
</enum>
<text>
$100,000, in the case of an eligible agency serving an outlying area; and
</text>
</subparagraph>
<subparagraph id="H01C34FCA63504E63BA0DF2C66A0A1824">
<enum>
(B)
</enum>
<text>
$250,000, in the case of any other eligible agency.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0F488746335644CCB30A749391E89C40">
<enum>
(2)
</enum>
<header>
Additional allotments
</header>
<text>
From the sum appropriated under section 206, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sum as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas.
</text>
</paragraph>
</subsection>
<subsection id="HDD66D8F486FB425690B7C31B1AB4AE7D">
<enum>
(d)
</enum>
<header>
Qualifying adult
</header>
<text>
For the purpose of subsection (c)(2), the term
<quote>
qualifying adult
</quote>
means an adult who—
</text>
<paragraph id="HBC11D35905FF42659107849D771E7F73">
<enum>
(1)
</enum>
<text>
is at least 16 years of age;
</text>
</paragraph>
<paragraph id="H14CF2C6F0D644E379389527E5CD216A8">
<enum>
(2)
</enum>
<text>
is beyond the age of compulsory school attendance under the law of the State or outlying area;
</text>
</paragraph>
<paragraph id="HFB49ED843E1F46C1B00BFE337CFA8765">
<enum>
(3)
</enum>
<text>
does not have a secondary school diploma or its recognized equivalent; and
</text>
</paragraph>
<paragraph id="H1F58C91B145B48919280914EE8D338E8">
<enum>
(4)
</enum>
<text>
is not enrolled in secondary school.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="H72BC492F5BF4486DA4AA41431507A741">
<enum>
(e)
</enum>
<header>
Special rule
</header>
<paragraph commented="no" id="HC9E671BD206D4880A16047A35D5878A5">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title, as determined by the Secretary.
</text>
</paragraph>
<paragraph commented="no" id="H71BEB7A0A9DB4D9782223B2DD2BD0A32">
<enum>
(2)
</enum>
<header>
Award basis
</header>
<text>
The Secretary shall award grants pursuant to paragraph (1) on a competitive basis and pursuant to the recommendations from the Pacific Region Educational Laboratory in Honolulu, Hawaii.
</text>
</paragraph>
<paragraph commented="no" id="HEDEF9D653CC044CA966E5BD8F984B1E7">
<enum>
(3)
</enum>
<header>
Termination of eligibility
</header>
<text>
Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title except during the period described in section 3(45).
</text>
</paragraph>
<paragraph commented="no" id="HC6EB119EBABE41DEA87966CD3C50E139">
<enum>
(4)
</enum>
<header>
Administrative costs
</header>
<text>
The Secretary may provide not more than 5 percent of the funds made available for grants under this subsection to pay the administrative costs of the Pacific Region Educational Laboratory regarding activities assisted under this subsection.
</text>
</paragraph>
</subsection>
<subsection id="HC65A862FEC2C45D2A0637933BEEC6FBC">
<enum>
(f)
</enum>
<header>
Hold-harmless provisions
</header>
<paragraph id="H4CA4B44DCE3E406A9FE0119B6CF75686">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Notwithstanding subsection (c), for fiscal year 2015 and each succeeding fiscal year, no eligible agency shall receive an allotment under this section that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this section.
</text>
</paragraph>
<paragraph id="H77AB687AA0AE47929F59C4CBF75414F8">
<enum>
(2)
</enum>
<header>
Ratable reduction
</header>
<text>
If for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1) the Secretary shall ratably reduce the payments to all eligible agencies, as necessary.
</text>
</paragraph>
</subsection>
<subsection id="HB0DF1180D9654F8D813925614556AAC3">
<enum>
(g)
</enum>
<header>
Reallotment
</header>
<text>
The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year.
</text>
</subsection>
</section>
<section id="H6795B461C88A4D4C860F69F660C92F11">
<enum>
212.
</enum>
<header>
Performance accountability system
</header>
<text display-inline="no-display-inline">
Programs and activities authorized in this title are subject to the performance accountability provisions described in section 116.
</text>
</section>
</subtitle>
<subtitle id="HA6D10FBEBB5C474587A7D7A79FC04D21">
<enum>
B
</enum>
<header>
State provisions
</header>
<section id="HE7F5C885E538477A8058A68FD0AEBC1A">
<enum>
221.
</enum>
<header>
State administration
</header>
<text display-inline="no-display-inline">
Each eligible agency shall be responsible for the State or outlying area administration of activities under this title, including—
</text>
<paragraph id="HA49A429986A6465DA425B068C167FDA6">
<enum>
(1)
</enum>
<text>
the development, implementation, and monitoring of the relevant components of the unified State plan in section 102 or the combined State plan in section 103;
</text>
</paragraph>
<paragraph id="H8B2EE3BC6BF144C58E339C10EA9266B5">
<enum>
(2)
</enum>
<text>
consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title; and
</text>
</paragraph>
<paragraph id="H2F98AD6D51F243A9A487F94A9522DE33">
<enum>
(3)
</enum>
<text>
coordination and nonduplication with other Federal and State education, training, corrections, public housing, and social service programs.
</text>
</paragraph>
</section>
<section id="H8ACEBA2D3BE840D0BA64E524AEE1835B">
<enum>
222.
</enum>
<header>
State distribution of funds; matching requirement
</header>
<subsection id="HFAF6E521286F4456A12D1935B10911E1">
<enum>
(a)
</enum>
<header>
State distribution of funds
</header>
<text>
Each eligible agency receiving a grant under section 211(b) for a fiscal year—
</text>
<paragraph id="H8F796CC3EFA14FFCB15586E122265D47">
<enum>
(1)
</enum>
<text>
shall use not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 20 percent of such amount shall be available to carry out section 225;
</text>
</paragraph>
<paragraph id="H394D7E2BC0F84B909D98CE8DFBC6FB10">
<enum>
(2)
</enum>
<text>
shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and
</text>
</paragraph>
<paragraph id="HC45FC18184DE4CDB8AC86EC8030AEA76">
<enum>
(3)
</enum>
<text>
shall use not more than 5 percent of the grant funds, or $85,000, whichever is greater, for the administrative expenses of the eligible agency.
</text>
</paragraph>
</subsection>
<subsection id="H3C3F492022B0434E90F41ABA23856078">
<enum>
(b)
</enum>
<header>
Matching requirement
</header>
<paragraph id="HB9EBDFE7E42B4BBB91DF24914F48FECB">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
In order to receive a grant from the Secretary under section 211(b) each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and literacy activities for which the grant is awarded, a non-Federal contribution in an amount that is not less than—
</text>
<subparagraph id="H7C80FE8DD4F64356855353B8AD15D3E4">
<enum>
(A)
</enum>
<text>
in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and literacy activities in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and
</text>
</subparagraph>
<subparagraph id="HEC0E36E86AB54AC0A40B24199E757D65">
<enum>
(B)
</enum>
<text>
in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and literacy activities in the State.
</text>
</subparagraph>
</paragraph>
<paragraph id="H55763E5A738A4C449E104085B722CCA6">
<enum>
(2)
</enum>
<header>
Non-Federal contribution
</header>
<text>
An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and literacy activities in a manner that is consistent with the purpose of this title.
</text>
</paragraph>
</subsection>
</section>
<section id="HD3BDF38C53784E51B71AF2ED19031DB8">
<enum>
223.
</enum>
<header>
State leadership activities
</header>
<subsection id="H6B09B04949F4464599508DBA2B5AE5E8">
<enum>
(a)
</enum>
<header>
Activities
</header>
<paragraph id="H725BBDBD8CA742D68D9CC52F268858BA">
<enum>
(1)
</enum>
<header>
Required
</header>
<text>
Each eligible agency shall use funds made available under section 222(a)(2) for the following adult education and literacy activities to develop or enhance the adult education system of the State or outlying area:
</text>
<subparagraph id="HCA8CE6D69B9F4F51AA9069303EDBCEA6">
<enum>
(A)
</enum>
<text>
The alignment of adult education and literacy activities with other core programs and one-stop partners, including eligible providers, to implement the strategy identified in the unified State plan under section 102 or the combined State plan under section 103, including the development of career pathways to provide access to employment and training services for individuals in adult education and literacy activities.
</text>
</subparagraph>
<subparagraph id="H0D6E86E25AAC4B8EB7F5B7B2781605A5">
<enum>
(B)
</enum>
<text>
The establishment or operation of high quality professional development programs to improve the instruction provided pursuant to local activities required under section 231(b), including instruction incorporating the essential components of reading instruction as such components relate to adults, instruction related to the specific needs of adult learners, instruction provided by volunteers or by personnel of a State or outlying area, and dissemination of information about models and promising practices related to such programs.
</text>
</subparagraph>
<subparagraph id="HE22959F5DE6A4AF89A8FB255EA84C53F">
<enum>
(C)
</enum>
<text>
The provision of technical assistance to eligible providers of adult education and literacy activities receiving funds under this title, including—
</text>
<clause id="H164BF0697E6C4594B4FEFF0ED0FEADDF">
<enum>
(i)
</enum>
<text>
the development and dissemination of instructional and programmatic practices based on the most rigorous or scientifically valid research available and appropriate, in reading, writing, speaking, mathematics, English language acquisition programs, distance education, and staff training;
</text>
</clause>
<clause id="HC66918C8F1AC4D81AC7665F14D2E331E">
<enum>
(ii)
</enum>
<text>
the role of eligible providers as a one-stop partner to provide access to employment, education, and training services; and
</text>
</clause>
<clause id="HC16F45AFB668452C9CD54FBD715CEA5B">
<enum>
(iii)
</enum>
<text>
assistance in the use of technology, including for staff training, to eligible providers, especially the use of technology to improve system efficiencies.
</text>
</clause>
</subparagraph>
<subparagraph id="H5D6741C7AC1145C19C56EC7F598DC1DE">
<enum>
(D)
</enum>
<text>
The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities and the dissemination of information about models and proven or promising practices within the State.
</text>
</subparagraph>
</paragraph>
<paragraph id="H374BC10D94574B46B17CB2D8D387F54E">
<enum>
(2)
</enum>
<header>
Permissible activities
</header>
<text>
Each eligible agency may use funds made available under section 222(a)(2) for 1 or more of the following adult education and literacy activities:
</text>
<subparagraph id="H83BBCEE7DEFD410C95FD0B4DD452EF63">
<enum>
(A)
</enum>
<text>
The support of State or regional networks of literacy resource centers.
</text>
</subparagraph>
<subparagraph id="HC39F7023E33F471EB47D86DA0EA9E541">
<enum>
(B)
</enum>
<text>
The development and implementation of technology applications, translation technology, or distance education, including professional development to support the use of instructional technology.
</text>
</subparagraph>
<subparagraph id="H285A5385F2F24B788BD67BF439738524">
<enum>
(C)
</enum>
<text>
Developing and disseminating curricula, including curricula incorporating the essential components of reading instruction as such components relate to adults.
</text>
</subparagraph>
<subparagraph id="H7B0C345D421B4F668E06197427125E02">
<enum>
(D)
</enum>
<text>
Developing content and models for integrated education and training and career pathways.
</text>
</subparagraph>
<subparagraph id="H6FA03FDF9A8F4BD6B6640FE1EDBC050A">
<enum>
(E)
</enum>
<text>
The provision of assistance to eligible providers in developing and implementing programs that achieve the objectives of this title and in measuring the progress of those programs in achieving such objectives, including meeting the State adjusted levels of performance described in section 116(b)(3).
</text>
</subparagraph>
<subparagraph id="H685FB85F00EB4DF9B60AE72E8E074A3E">
<enum>
(F)
</enum>
<text>
The development and implementation of a system to assist in the transition from adult education to postsecondary education, including linkages with postsecondary educational institutions or institutions of higher education.
</text>
</subparagraph>
<subparagraph id="HF9AFF6312E214690BE4C49739275B74C">
<enum>
(G)
</enum>
<text>
Integration of literacy and English language instruction with occupational skill training, including promoting linkages with employers.
</text>
</subparagraph>
<subparagraph id="HBCBBE041880E4E0E80291D4EBC684AF0">
<enum>
(H)
</enum>
<text>
Activities to promote workplace adult education and literacy activities.
</text>
</subparagraph>
<subparagraph id="H0239F65E9FC346B3B5DDCE15C7E87226">
<enum>
(I)
</enum>
<text>
Identifying curriculum frameworks and aligning rigorous content standards that—
</text>
<clause id="H2CC47F82629444FCBB3A55CE743A1C18">
<enum>
(i)
</enum>
<text>
specify what adult learners should know and be able to do in the areas of reading and language arts, mathematics, and English language acquisition; and
</text>
</clause>
<clause id="H4C807E6410A54C419977B2FBADC8724B">
<enum>
(ii)
</enum>
<text>
take into consideration the following:
</text>
<subclause id="H37D94A8B8E394467B4A1D14E6654EB03">
<enum>
(I)
</enum>
<text>
State adopted academic standards.
</text>
</subclause>
<subclause id="HB21D2E54A566478085D89DCAA416F470">
<enum>
(II)
</enum>
<text>
The current adult skills and literacy assessments used in the State or outlying area.
</text>
</subclause>
<subclause id="H0E1B031047344A28AE9770AFF4CBDF28">
<enum>
(III)
</enum>
<text>
The primary indicators of performance described in section 116.
</text>
</subclause>
<subclause id="HA0204A6FDF474ADFBCE2666AF357AB8D">
<enum>
(IV)
</enum>
<text>
Standards and academic requirements for enrollment in nonremedial, for-credit courses in postsecondary educational institutions or institutions of higher education supported by the State or outlying area.
</text>
</subclause>
<subclause id="H101DE283270F4B7BACA3DD918889D971">
<enum>
(V)
</enum>
<text>
Where appropriate, the content of occupational and industry skill standards widely used by business and industry in the State or outlying area.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H3FAAB184580B46668AE4035CEE6D403F">
<enum>
(J)
</enum>
<text>
Developing and piloting of strategies for improving teacher quality and retention.
</text>
</subparagraph>
<subparagraph id="H7BBDD3069F614578A28AF7565C52748C">
<enum>
(K)
</enum>
<text>
The development and implementation of programs and services to meet the needs of adult learners with learning disabilities or English language learners, which may include new and promising assessment tools and strategies that are based on scientifically valid research, where appropriate, and identify the needs and capture the gains of such students at the lowest achievement levels.
</text>
</subparagraph>
<subparagraph id="HFB9E6FBFD865410493FC959CB0FF47AC">
<enum>
(L)
</enum>
<text>
Outreach to instructors, students, and employers.
</text>
</subparagraph>
<subparagraph id="H9B54A56098AF44CEB0F79AC9B4FAE49C">
<enum>
(M)
</enum>
<text>
Other activities of statewide significance that promote the purpose of this title.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HC3686DE550E846939FBBC176A044EC6D">
<enum>
(b)
</enum>
<header>
Collaboration
</header>
<text>
In carrying out this section, eligible agencies shall collaborate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a).
</text>
</subsection>
<subsection id="HD49A6C4405374C55A8EC0FC8C22516C1">
<enum>
(c)
</enum>
<header>
State-imposed requirements
</header>
<text>
Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area.
</text>
</subsection>
</section>
<section id="H149C51162F5E42A58637BE2879E67BEA">
<enum>
224.
</enum>
<header>
State plan
</header>
<text display-inline="no-display-inline">
Each State desiring to receive funds under this title for any fiscal year shall submit and have approved a unified State plan in accordance with section 102 or a combined State plan in accordance with section 103.
</text>
</section>
<section id="HCF73B37ADA3C426C94B6B66732362D71">
<enum>
225.
</enum>
<header>
Programs for corrections education and other institutionalized individuals
</header>
<subsection id="H41F67D88B5F04FA79268F3E820D3D89A">
<enum>
(a)
</enum>
<header>
Program authorized
</header>
<text>
From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals.
</text>
</subsection>
<subsection id="HDAC70307A70C4EB48AC0DEFF10B2E2CB">
<enum>
(b)
</enum>
<header>
Uses of funds
</header>
<text>
The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for—
</text>
<paragraph id="HF9BAA9465AE74CB3AECCC0902660AD16">
<enum>
(1)
</enum>
<text>
adult education and literacy activities;
</text>
</paragraph>
<paragraph id="H945E950E86E0484E9F6FEEF1434CD806">
<enum>
(2)
</enum>
<text>
special education, as determined by the eligible agency;
</text>
</paragraph>
<paragraph id="HC7B52C4372C14470831458193910902C">
<enum>
(3)
</enum>
<text>
secondary school credit;
</text>
</paragraph>
<paragraph id="HADED5DE43C244225BDDB4D9E6FC80825">
<enum>
(4)
</enum>
<text>
integrated education and training;
</text>
</paragraph>
<paragraph id="H279D42A2645243F196E134715C6CA704">
<enum>
(5)
</enum>
<text>
career pathways;
</text>
</paragraph>
<paragraph id="H9FC78E66BD3D4D52914E4959C6945861">
<enum>
(6)
</enum>
<text>
concurrent enrollment;
</text>
</paragraph>
<paragraph id="H56B40162DB7E48CEB9A074DBC670BA61">
<enum>
(7)
</enum>
<text>
peer tutoring; and
</text>
</paragraph>
<paragraph id="HFC635A0D0F6745E991F151538BA1BDD9">
<enum>
(8)
</enum>
<text>
transition to re-entry initiatives and other postrelease services with the goal of reducing recidivism.
</text>
</paragraph>
</subsection>
<subsection id="H7652E633B83F49AABE54794448FE991B">
<enum>
(c)
</enum>
<header>
Priority
</header>
<text>
Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program.
</text>
</subsection>
<subsection id="H5E714B37BE3A49E78AD6829CEE5C8C8C">
<enum>
(d)
</enum>
<header>
Report
</header>
<text>
In addition to any report required under section 116, each eligible agency that receives assistance provided under this section shall annually prepare and submit to the Secretary a report on the progress, as described in section 116, of the eligible agency with respect to the programs and activities carried out under this section, including the relative rate of recidivism for the criminal offenders served.
</text>
</subsection>
<subsection id="H1B9F69781146440FBB80DEA1CD4ADEC0">
<enum>
(e)
</enum>
<header>
Definitions
</header>
<text>
In this section:
</text>
<paragraph id="H16B7583065D5497FB4D0235D66090B9D">
<enum>
(1)
</enum>
<header>
Correctional institution
</header>
<text>
The term
<term>
correctional institution
</term>
means any—
</text>
<subparagraph id="H8E510F2D2B5842AF99F7F2BB34E8AB92">
<enum>
(A)
</enum>
<text>
prison;
</text>
</subparagraph>
<subparagraph id="HD2D5FFC2624B4C6FBE539195C2C9917C">
<enum>
(B)
</enum>
<text>
jail;
</text>
</subparagraph>
<subparagraph id="HF1AF5DBC05E146A1BE7136BEEFB3F12A">
<enum>
(C)
</enum>
<text>
reformatory;
</text>
</subparagraph>
<subparagraph id="HF1997AC9FA9C44EAB0DD6A3E584394D3">
<enum>
(D)
</enum>
<text>
work farm;
</text>
</subparagraph>
<subparagraph id="HD87EB18D2FA84A5B89FBD01EE739F126">
<enum>
(E)
</enum>
<text>
detention center; or
</text>
</subparagraph>
<subparagraph id="H6B5EE6CBA5654595B934127186A0E7EC">
<enum>
(F)
</enum>
<text>
halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders.
</text>
</subparagraph>
</paragraph>
<paragraph id="H7F51E6C693E24D0AAC2579915506BEC4">
<enum>
(2)
</enum>
<header>
Criminal offender
</header>
<text>
The term
<term>
criminal offender
</term>
means any individual who is charged with or convicted of any criminal offense.
</text>
</paragraph>
</subsection>
</section>
</subtitle>
<subtitle id="H78BD10AD75624FF29677A5BD5F0D33EC">
<enum>
C
</enum>
<header>
Local provisions
</header>
<section id="H9C5B6090349741F9B21FBD42CB62E5FE">
<enum>
231.
</enum>
<header>
Grants and contracts for eligible providers
</header>
<subsection id="HA47A435F03D441FD8C151F9EC7E211DB">
<enum>
(a)
</enum>
<header>
Grants and contracts
</header>
<text>
From grant funds made available under section 222(a)(1), each eligible agency shall award multiyear grants or contracts, on a competitive basis, to eligible providers within the State or outlying area to enable the eligible providers to develop, implement, and improve adult education and literacy activities within the State.
</text>
</subsection>
<subsection id="H59A7B4A3CA584321BD052DA07F76BD7E">
<enum>
(b)
</enum>
<header>
Required local activities
</header>
<text>
The eligible agency shall require that each eligible provider receiving a grant or contract under subsection (a) use the grant or contract to establish or operate programs that provide adult education and literacy activities, including programs that provide such activities concurrently.
</text>
</subsection>
<subsection id="H292D74005D314C56991F34A811183600">
<enum>
(c)
</enum>
<header>
Direct and equitable access; same process
</header>
<text display-inline="yes-display-inline">
Each eligible agency receiving funds under this title shall ensure that—
</text>
<paragraph id="H22A85972100344948D42690F25F14B7F">
<enum>
(1)
</enum>
<text>
all eligible providers have direct and equitable access to apply and compete for grants or contracts under this section; and
</text>
</paragraph>
<paragraph id="H0A92C113839543F5AA479EFE555376CA">
<enum>
(2)
</enum>
<text>
the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area.
</text>
</paragraph>
</subsection>
<subsection id="HB46A5F59154A47B38BACC0CE1BE1477C">
<enum>
(d)
</enum>
<header>
Special rule
</header>
<text>
Each eligible agency awarding a grant or contract under this section shall not use any funds made available under this title for adult education and literacy activities for the purpose of supporting or providing programs, services, or activities for individuals who are not individuals described in subparagraphs (A) and (B) of section 203(4), except that such agency may use such funds for such purpose if such programs, services, or activities are related to family literacy activities. In providing family literacy activities under this title, an eligible provider shall attempt to coordinate with programs and services that are not assisted under this title prior to using funds for adult education and literacy activities under this title for activities other than activities for eligible individuals.
</text>
</subsection>
<subsection id="H8B3599684A7348DCAC1C118FE58A87D9">
<enum>
(e)
</enum>
<header>
Considerations
</header>
<text>
In awarding grants or contracts under this section, the eligible agency shall consider—
</text>
<paragraph id="H25F21A3971B54FA1AAC58AE65D5711DC">
<enum>
(1)
</enum>
<text>
the degree to which the eligible provider would be responsive to—
</text>
<subparagraph id="HD466DE528C1B4FDE9D6D485AD0BC6404">
<enum>
(A)
</enum>
<text>
regional needs as identified in the local plan under section 108; and
</text>
</subparagraph>
<subparagraph id="H50107EEA49BB4217A18E5A3D434383FC">
<enum>
(B)
</enum>
<text>
serving individuals in the community who were identified in such plan as most in need of adult education and literacy activities, including individuals—
</text>
<clause id="HD7E4F489ACFD40AD82AE70E7D680BAF6">
<enum>
(i)
</enum>
<text>
who have low levels of literacy skills; or
</text>
</clause>
<clause id="H3F46CE29D3734D71A3DA5DD46C018927">
<enum>
(ii)
</enum>
<text>
who are English language learners;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HAC7AC8DF777F43B5891D622A71971FB0">
<enum>
(2)
</enum>
<text>
the ability of the eligible provider to serve eligible individuals with disabilities, including eligible individuals with learning disabilities;
</text>
</paragraph>
<paragraph id="H4E731A3F83AA46618CE3EB7B7505C0A4">
<enum>
(3)
</enum>
<text>
past effectiveness of the eligible provider in improving the literacy of eligible individuals, to meet State-adjusted levels of performance for the primary indicators of performance described in section 116, especially with respect to eligible individuals who have low levels of literacy;
</text>
</paragraph>
<paragraph id="H08585D57425C4F7AA6E7EE29737E2325">
<enum>
(4)
</enum>
<text>
the extent to which the eligible provider demonstrates alignment between proposed activities and services and the strategy and goals of the local plan under section 108, as well as the activities and services of the one-stop partners;
</text>
</paragraph>
<paragraph id="H78E98059A272466B839B673317B34E76">
<enum>
(5)
</enum>
<text>
whether the eligible provider’s program—
</text>
<subparagraph id="H64EE3ABA575446E0BDEAAE2D88289DDB">
<enum>
(A)
</enum>
<text>
is of sufficient intensity and quality, and based on the most rigorous research available so that participants achieve substantial learning gains; and
</text>
</subparagraph>
<subparagraph id="H3E3B340DCDB8445EB584A92AB3255751">
<enum>
(B)
</enum>
<text>
uses instructional practices that include the essential components of reading instruction;
</text>
</subparagraph>
</paragraph>
<paragraph id="H0B2B335C12394490AF275019D95531C7">
<enum>
(6)
</enum>
<text>
whether the eligible provider’s activities, including whether reading, writing, speaking, mathematics, and English language acquisition instruction delivered by the eligible provider, are based on the best practices derived from the most rigorous research available and appropriate, including scientifically valid research and effective educational practice;
</text>
</paragraph>
<paragraph id="H774FECF13D094632B69CA35D2A593AB3">
<enum>
(7)
</enum>
<text>
whether the eligible provider’s activities effectively use technology, services, and delivery systems, including distance education in a manner sufficient to increase the amount and quality of learning and how such technology, services, and systems lead to improved performance;
</text>
</paragraph>
<paragraph id="H6D1D7847B80B46EAB68EFC703B155CEE">
<enum>
(8)
</enum>
<text>
whether the eligible provider’s activities provide learning in context, including through integrated education and training, so that an individual acquires the skills needed to transition to and complete postsecondary education and training programs, obtain and advance in employment leading to economic self-sufficiency, and to exercise the rights and responsibilities of citizenship;
</text>
</paragraph>
<paragraph id="HC82E6985A0434206914680F00FDD056B">
<enum>
(9)
</enum>
<text>
whether the eligible provider’s activities are delivered by well-trained instructors, counselors, and administrators who meet any minimum qualifications established by the State, where applicable, and who have access to high quality professional development, including through electronic means;
</text>
</paragraph>
<paragraph id="H468CB065F5DA4112BDE6970CEA8B453D">
<enum>
(10)
</enum>
<text>
whether the eligible provider’s activities coordinate with other available education, training, and social service resources in the community, such as by establishing strong links with elementary schools and secondary schools, postsecondary educational institutions, institutions of higher education, local workforce investment boards, one-stop centers, job training programs, and social service agencies, business, industry, labor organizations, community-based organizations, nonprofit organizations, and intermediaries, for the development of career pathways;
</text>
</paragraph>
<paragraph id="H2FF9CA977894421AAB936010BBD4DA3F">
<enum>
(11)
</enum>
<text>
whether the eligible provider’s activities offer flexible schedules and coordination with Federal, State, and local support services (such as child care, transportation, mental health services, and career planning) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs;
</text>
</paragraph>
<paragraph id="HEB7FDC4BB6A74B5FA4098669397DD171">
<enum>
(12)
</enum>
<text>
whether the eligible provider maintains a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 116) and to monitor program performance; and
</text>
</paragraph>
<paragraph id="H6E91331775DA47AEA94E7DE458D61278">
<enum>
(13)
</enum>
<text>
whether the local areas in which the eligible provider is located have a demonstrated need for additional English language acquisition programs and civics education programs.
</text>
</paragraph>
</subsection>
</section>
<section id="H8FCBD44D47FE4185B470B76128FF7B30">
<enum>
232.
</enum>
<header>
Local application
</header>
<text display-inline="no-display-inline">
Each eligible provider desiring a grant or contract from an eligible agency shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including—
</text>
<paragraph id="HF9B2B96F401E47389C4B48995FB759DB">
<enum>
(1)
</enum>
<text>
a description of how funds awarded under this title will be spent consistent with the requirements of this title;
</text>
</paragraph>
<paragraph id="H1758F575C353444184A993A52D461002">
<enum>
(2)
</enum>
<text>
a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and literacy activities;
</text>
</paragraph>
<paragraph id="H426E938F943E4888ADD7CEDB0111AD42">
<enum>
(3)
</enum>
<text>
a description of how the eligible provider will provide services in alignment with the local plan under section 108, including how such provider will promote concurrent enrollment in programs and activities under title I, as appropriate;
</text>
</paragraph>
<paragraph id="H7C0766C21DEB43EFB576AA690B73785B">
<enum>
(4)
</enum>
<text>
a description of how the eligible provider will meet the State adjusted levels of performance described in section 116(b)(3), including how such provider will collect data to report on such performance indicators;
</text>
</paragraph>
<paragraph id="HB919541828ED43D994FFCBA7A0499263">
<enum>
(5)
</enum>
<text>
a description of how the eligible provider will fulfill one-stop partner responsibilities as described in section 121(b)(1)(A), as appropriate;
</text>
</paragraph>
<paragraph id="HF88E76D2FFEB489A928206DEABB18484">
<enum>
(6)
</enum>
<text>
a description of how the eligible provider will provide services in a manner that meets the needs of eligible individuals; and
</text>
</paragraph>
<paragraph id="H9EADBE392DC4496CA13847C20F37F7AF">
<enum>
(7)
</enum>
<text>
information that addresses the considerations described under section 231(e), as applicable.
</text>
</paragraph>
</section>
<section id="H0E5B2C25AA0745FCAD2719FB53CEC663">
<enum>
233.
</enum>
<header>
Local administrative cost limits
</header>
<subsection id="HFCFC5EB63D584DABB65ED4E4FA6B1907">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Subject to subsection (b), of the amount that is made available under this title to an eligible provider—
</text>
<paragraph id="HD802CE2EB8084E5D99D51FED26191726">
<enum>
(1)
</enum>
<text>
not less than 95 percent shall be expended for carrying out adult education and literacy activities; and
</text>
</paragraph>
<paragraph id="H045D697414FC49C1AC69D331D37853C3">
<enum>
(2)
</enum>
<text>
the remaining amount, not to exceed 5 percent, shall be used for planning, administration (including carrying out the requirements of section 116), professional development, and the activities described in paragraphs (3) and (5) of section 232.
</text>
</paragraph>
</subsection>
<subsection id="H5658EAA83EAD4EC1A0C5A98FE063B417">
<enum>
(b)
</enum>
<header>
Special rule
</header>
<text>
In cases where the cost limits described in subsection (a) are too restrictive to allow for the activities described in subsection (a)(2), the eligible provider shall negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes.
</text>
</subsection>
</section>
</subtitle>
<subtitle id="HE0E91F9D77354494B292C6F87463B580">
<enum>
D
</enum>
<header>
General provisions
</header>
<section id="HAC4F90B6726D4EB09C36CDC96DDFE3EF">
<enum>
241.
</enum>
<header>
Administrative provisions
</header>
<subsection id="HEEA7721A9A60465A8E9B55BC026F2F89">
<enum>
(a)
</enum>
<header>
Supplement not supplant
</header>
<text>
Funds made available for adult education and literacy activities under this title shall supplement and not supplant other State or local public funds expended for adult education and literacy activities.
</text>
</subsection>
<subsection id="H183EEE0C5A024CF59238C031B5CC497B">
<enum>
(b)
</enum>
<header>
Maintenance of effort
</header>
<paragraph id="H15BF9605038240FAAA5BE3064A58CFEE">
<enum>
(1)
</enum>
<header>
In general
</header>
<subparagraph id="H4B84CFEEFB4A4332897A1768A90ABD35">
<enum>
(A)
</enum>
<header>
Determination
</header>
<text>
An eligible agency may receive funds under this title for any fiscal year if the Secretary finds that the fiscal effort per student or the aggregate expenditures of such eligible agency for activities under this title, in the second preceding fiscal year, were not less than 90 percent of the fiscal effort per student or the aggregate expenditures of such eligible agency for adult education and literacy activities in the third preceding fiscal year.
</text>
</subparagraph>
<subparagraph id="H37A704123B354D8D9432E469227798FB">
<enum>
(B)
</enum>
<header>
Proportionate reduction
</header>
<text>
Subject to paragraphs (2), (3), and (4), for any fiscal year with respect to which the Secretary determines under subparagraph (A) that the fiscal effort or the aggregate expenditures of an eligible agency for the preceding program year were less than such effort or expenditures for the second preceding program year, the Secretary—
</text>
<clause id="H81950E6E162D42549C284E12D19351B5">
<enum>
(i)
</enum>
<text>
shall determine the percentage decreases in such effort or in such expenditures; and
</text>
</clause>
<clause id="HCEBDBF294E434D5087FBDC2669F8C7D6">
<enum>
(ii)
</enum>
<text>
shall decrease the payment made under this title for such program year to the agency for adult education and literacy activities by the lesser of such percentages.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H6A2E2557E31943588B84F14E8A7C6ED3">
<enum>
(2)
</enum>
<header>
Computation
</header>
<text>
In computing the fiscal effort and aggregate expenditures under paragraph (1), the Secretary shall exclude capital expenditures and special one-time project costs.
</text>
</paragraph>
<paragraph id="H89DE4F54C9F946A2AFCB8861F39546FD">
<enum>
(3)
</enum>
<header>
Decrease in Federal support
</header>
<text>
If the amount made available for adult education and literacy activities under this title for a fiscal year is less than the amount made available for adult education and literacy activities under this title for the preceding fiscal year, then the fiscal effort per student and the aggregate expenditures of an eligible agency required in order to avoid a reduction under paragraph (1)(B) shall be decreased by the same percentage as the percentage decrease in the amount so made available.
</text>
</paragraph>
<paragraph id="H87D5EA448B2749758E623E617F09600B">
<enum>
(4)
</enum>
<header>
Waiver
</header>
<text>
The Secretary may waive the requirements of this subsection for not more than 1 fiscal year, if the Secretary determines that a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or an unforeseen and precipitous decline in the financial resources of the State or outlying area of the eligible agency. If the Secretary grants a waiver under the preceding sentence for a fiscal year, the level of effort required under paragraph (1) shall not be reduced in the subsequent fiscal year because of the waiver.
</text>
</paragraph>
</subsection>
</section>
<section id="H8DDF3705F64B4781900869F971E51840">
<enum>
242.
</enum>
<header>
National leadership activities
</header>
<subsection id="H36BF6CED654C41D9B82AA00114D3DF5F">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
The Secretary shall establish and carry out a program of national leadership activities to enhance the quality and outcomes of adult education and literacy activities and programs nationwide.
</text>
</subsection>
<subsection id="HE037A74E49C04BCCB35ED45EEF215479">
<enum>
(b)
</enum>
<header>
Required activities
</header>
<text>
The national leadership activities described in subsection (a) shall include technical assistance, including—
</text>
<paragraph id="H07642633B3884289AC1F9F3B61B8A854">
<enum>
(1)
</enum>
<text>
assistance to help States meet the requirements of section 116;
</text>
</paragraph>
<paragraph id="H953BAFD1A7A645F9B27F8D9A72C094CB">
<enum>
(2)
</enum>
<text>
upon request by a State, assistance provided to eligible providers in using performance accountability measures based on indicators described in section 116, and data systems for the improvement of adult education and literacy activities;
</text>
</paragraph>
<paragraph id="HE25E9D6587B14711868B34F859B50C6B">
<enum>
(3)
</enum>
<text>
carrying out rigorous research and evaluation on effective adult education and literacy activities, as well as estimating the number of adults functioning at the lowest levels of literacy proficiency, which shall be coordinated across relevant Federal agencies, including the Institute of Education Sciences; and
</text>
</paragraph>
<paragraph id="HB25414872D4B4B48876AA1A0BDAD1A9C">
<enum>
(4)
</enum>
<text>
carrying out an independent evaluation at least once every 4 years of the programs and activities under this title, taking into consideration the evaluation subjects referred to in section 169(a)(2).
</text>
</paragraph>
</subsection>
<subsection id="HBD598285AF404322AB1E5867350F3A64">
<enum>
(c)
</enum>
<header>
Allowable activities
</header>
<text>
The national leadership activities described in subsection (a) may include the following:
</text>
<paragraph id="H015A102B11084429848A7045F85D8BD4">
<enum>
(1)
</enum>
<text>
Technical assistance, including—
</text>
<subparagraph id="HD65F14DAA1904E70BC6B1C5E5648056E">
<enum>
(A)
</enum>
<text>
assistance related to professional development activities, and assistance for the purposes of developing, improving, identifying, and disseminating the most successful methods and techniques for providing adult education and literacy activities, based on scientifically valid research where available;
</text>
</subparagraph>
<subparagraph id="H572E561A99364D4BB8DBA8696953964A">
<enum>
(B)
</enum>
<text>
assistance in distance education and promoting and improving the use of technology in the classroom, including instruction in English language acquisition for English language learners;
</text>
</subparagraph>
<subparagraph id="H703521328E334D94A5C0DC30DDF1083A">
<enum>
(C)
</enum>
<text>
assistance in the development and dissemination of proven models for addressing the digital literacy needs of adults, including older adults; and
</text>
</subparagraph>
<subparagraph id="H96190E7C745D472F868FD63F9E5AE35B">
<enum>
(D)
</enum>
<text>
supporting efforts aimed at strengthening programs at the State and local levels, such as technical assistance in program planning, assessment, evaluation, and monitoring of activities carried out under this title.
</text>
</subparagraph>
</paragraph>
<paragraph id="H22E38B3492DF4A6790C99DE1B8817CA9">
<enum>
(2)
</enum>
<text>
Funding national leadership activities either directly or through grants, contracts, or cooperative agreements awarded on a competitive basis to or with postsecondary educational institutions, institutions of higher education, public or private organizations or agencies (including public libraries), or consortia of such institutions, organizations, or agencies, which may include—
</text>
<subparagraph id="HD06ABBE76CA347CE9CF7C1A802580481">
<enum>
(A)
</enum>
<text>
developing, improving, and identifying the most successful methods and techniques for addressing the education needs of adults, including instructional practices using the essential components of reading instruction based on the work of the National Institute of Child Health and Human Development;
</text>
</subparagraph>
<subparagraph id="H8208B003B4E945FD94CF1DB65364BCFD">
<enum>
(B)
</enum>
<text>
supporting national, regional, or local networks of private nonprofit organizations, public libraries, or institutions of higher education to strengthen the ability of such networks’ members to meet the performance requirements described in section 116 of eligible providers;
</text>
</subparagraph>
<subparagraph id="H461E002985B241288192057996009235">
<enum>
(C)
</enum>
<text>
increasing the effectiveness, and improving the quality, of adult education and literacy activities, which may include—
</text>
<clause id="H99D5F16BCD2B4169BB9E9016105EA985">
<enum>
(i)
</enum>
<text>
carrying out rigorous research;
</text>
</clause>
<clause id="HCBE2F9AFB4B6454CBD45A7E6E8E0698A">
<enum>
(ii)
</enum>
<text>
carrying out demonstration programs;
</text>
</clause>
<clause id="H889F596A431449848CEFA114B5494C16">
<enum>
(iii)
</enum>
<text>
accelerating learning outcomes for eligible individuals with the lowest literacy levels;
</text>
</clause>
<clause id="HB963D42B7F534FFBB00A4BC5855C001C">
<enum>
(iv)
</enum>
<text>
developing and promoting career pathways for eligible individuals;
</text>
</clause>
<clause id="H3AD99DC2200B4DEF8CF574EFF5A51694">
<enum>
(v)
</enum>
<text>
promoting concurrent enrollment programs in adult education and credit bearing postsecondary coursework;
</text>
</clause>
<clause id="HC326002547F54085B38DD58CD0B3EDA7">
<enum>
(vi)
</enum>
<text>
developing high-quality professional development activities for eligible providers; and
</text>
</clause>
<clause id="H0E2E60A6D82F4039814ECD47A3B0DAE3">
<enum>
(vii)
</enum>
<text>
developing, replicating, and disseminating information on best practices and innovative programs, such as—
</text>
<subclause id="H2404379B5CC34D0A93267AF8BADB02FE">
<enum>
(I)
</enum>
<text>
the identification of effective strategies for working with adults with learning disabilities and with adults who are English language learners;
</text>
</subclause>
<subclause id="H573261C10A374B31BD0353134AAD85BA">
<enum>
(II)
</enum>
<text>
integrated education and training programs;
</text>
</subclause>
<subclause id="H3E78CF2F1AD54E97BA593096F7B2AAEB">
<enum>
(III)
</enum>
<text>
workplace adult education and literacy activities; and
</text>
</subclause>
<subclause id="H13D901D461584E98B7111BA48D14B8B2">
<enum>
(IV)
</enum>
<text>
postsecondary education and training transition programs;
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H7E97FD84D8A9421CB08BAD1AB5E958DC">
<enum>
(D)
</enum>
<text>
providing for the conduct of an independent evaluation and assessment of adult education and literacy activities through grants and contracts awarded on a competitive basis, which shall include descriptions of—
</text>
<clause id="HEE872E5E37F0420AA9972D6E996B7B0F">
<enum>
(i)
</enum>
<text>
the effect of performance accountability measures and other measures of accountability on the delivery of adult education and literacy activities;
</text>
</clause>
<clause id="HD220201C4DAB4696A31E0D381576A1DF">
<enum>
(ii)
</enum>
<text>
the extent to which the adult education and literacy activities increase the literacy skills of eligible individuals, lead to involvement in education and training, enhance the employment and earnings of such participants, and, if applicable, lead to other positive outcomes, such as success in re-entry and reductions in recidivism in the case of prison-based adult education and literacy activities;
</text>
</clause>
<clause id="HF6F78A3218D1436EB1A13CB2782F9B20">
<enum>
(iii)
</enum>
<text>
the extent to which the provision of support services to eligible individuals enrolled in adult education and literacy activities increase the rate of enrollment in, and successful completion of, such programs; and
</text>
</clause>
<clause id="HE1EBDAEF70344F9E9C958446D382E02B">
<enum>
(iv)
</enum>
<text>
the extent to which different types of providers measurably improve the skills of eligible individuals in adult education and literacy activities;
</text>
</clause>
</subparagraph>
<subparagraph id="HCF139594AD4A49C3BB0BACF748284136">
<enum>
(E)
</enum>
<text>
collecting data, such as data regarding the improvement of both local and State data systems, through technical assistance and development of model performance data collection systems;
</text>
</subparagraph>
<subparagraph id="HC882BC6D44AF44AC9203137DC824E82E">
<enum>
(F)
</enum>
<text>
determining how participation in adult education and literacy activities prepares eligible individuals for entry into postsecondary education and employment and, in the case of programs carried out in correctional institutions, has an effect on recidivism; and
</text>
</subparagraph>
<subparagraph id="H1212425CEA944565BBCB575BBF4BF135">
<enum>
(G)
</enum>
<text>
other activities designed to enhance the quality of adult education and literacy activities nationwide.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="HF8B72263DA474A60B5ABCA56A8F1EF33">
<enum>
243.
</enum>
<header>
Integrated English literacy and civics education
</header>
<subsection id="HABE5EE92AA4E45768467156394DACDDA">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
From funds made available under section 211(a)(2) for each fiscal year, the Secretary shall award grants to States, from allotments under subsection (b), for integrated English literacy and civics education, in combination with integrated education and training activities.
</text>
</subsection>
<subsection id="HCE57B676338D4DDFBDCD87D1A7FA12BE">
<enum>
(b)
</enum>
<header>
Allotment
</header>
<paragraph id="HBB4CC63612B043679726E4C9F4C08E0B">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Subject to paragraph (2), from amounts made available under section 211(a)(2) for a fiscal year, the Secretary shall allocate—
</text>
<subparagraph id="HAD65C090717B4C26B29F61F63A5799FC">
<enum>
(A)
</enum>
<text>
65 percent to the States on the basis of a State’s need for integrated English literacy and civics education, as determined by calculating each State’s share of a 10-year average of the data of the Office of Immigration Statistics of the Department of Homeland Security for immigrants admitted for legal permanent residence for the 10 most recent years; and
</text>
</subparagraph>
<subparagraph id="HD4B0CFFFB46C41C8A4765D38CF7647CF">
<enum>
(B)
</enum>
<text>
35 percent to the States on the basis of whether the State experienced growth, as measured by the average of the 3 most recent years for which the data of the Office of Immigration Statistics of the Department of Homeland Security for immigrants admitted for legal permanent residence are available.
</text>
</subparagraph>
</paragraph>
<paragraph id="HC74DA112E2854E0A9647FCFEDD087939">
<enum>
(2)
</enum>
<header>
Minimum
</header>
<text>
No State shall receive an allotment under paragraph (1) in an amount that is less than $60,000.
</text>
</paragraph>
</subsection>
<subsection id="HE975286C04C64EA193F297D8F137B100">
<enum>
(c)
</enum>
<header>
Goal
</header>
<text>
Each program that receives funding under this section shall be designed to—
</text>
<paragraph id="HCF30E6C454224145BF0BEDE24E02C92E">
<enum>
(1)
</enum>
<text>
prepare adults who are English language learners for, and place such adults in, unsubsidized employment in in-demand industries and occupations that lead to economic self-sufficiency; and
</text>
</paragraph>
<paragraph id="H37FD6DE15B6B4D9DBCBDBE60BB123141">
<enum>
(2)
</enum>
<text>
integrate with the local workforce development system and its functions to carry out the activities of the program.
</text>
</paragraph>
</subsection>
<subsection id="H2FE161B58E4847928598093DA0305658">
<enum>
(d)
</enum>
<header>
Report
</header>
<text>
The Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate and make available to the public, a report on the activities carried out under this section.
</text>
</subsection>
</section>
</subtitle>
</title>
<title id="HBA884715E677495EA029EA2564E1DCEB">
<enum>
III
</enum>
<header>
Amendments to the Wagner-Peyser Act
</header>
<section id="H251B5884F58A44868B03F682EBF045FD">
<enum>
301.
</enum>
<header>
Employment service offices
</header>
<text display-inline="no-display-inline">
Section 1 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49
</external-xref>
) is amended by inserting
<quote>
service
</quote>
before
<quote>
offices
</quote>
.
</text>
</section>
<section id="HDF1990E832C8423D849E5D4B3D6F77A1">
<enum>
302.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 2 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49a">
29 U.S.C. 49a
</external-xref>
) is amended—
</text>
<paragraph id="H0B329D550ECC4DEF8DF0432D25BE666C">
<enum>
(1)
</enum>
<text>
by striking paragraph (1) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H8B052833E45F41209DA2F4BBF80A1475" style="OLC">
<paragraph commented="no" id="H1CA1FEBA562247E186662D5F5E5D0BC1">
<enum>
(1)
</enum>
<text>
the terms
<term>
chief elected official
</term>
,
<term>
institution of higher education
</term>
,
<term>
one-stop center
</term>
,
<term>
one-stop partner
</term>
,
<term>
training services
</term>
,
<term>
workforce development activity
</term>
, and
<term>
workplace learning advisor
</term>
, have the meaning given the terms in section 3 of the Workforce Innovation and Opportunity Act;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H1E01513995D8435787CEA32159489112">
<enum>
(2)
</enum>
<text>
in paragraph (2)—
</text>
<subparagraph id="HA9427462E596433994996ABB2B739A76">
<enum>
(A)
</enum>
<text>
by striking
<quote>
investment board
</quote>
each place it appears and inserting
<quote>
development board
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H4461C4477FC149219DFFA2B4C36E33C0">
<enum>
(B)
</enum>
<text>
by striking
<quote>
section 117 of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
section 107 of the Workforce Innovation and Opportunity Act
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H06AFD933A8F84E95BCC6A800FAFFC8A8">
<enum>
(3)
</enum>
<text>
in paragraph (3)—
</text>
<subparagraph id="H4287F0852CDD450AB7D6F25465A3F47D">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
134(c)
</quote>
and inserting
<quote>
121(e)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H252BC21F23894B19BF4BD6932B13B298">
<enum>
(B)
</enum>
<text>
by striking
<quote>
Workforce Investment Act of 1998
</quote>
and inserting
<quote>
Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H24472334FED34C5EA9A792D8F28B5540">
<enum>
(4)
</enum>
<text>
in paragraph (4), by striking
<quote>
and
</quote>
at the end;
</text>
</paragraph>
<paragraph id="H639101893CCA47E2AA100DB660263FA8">
<enum>
(5)
</enum>
<text>
in paragraph (5), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="H13165541F77C4CF0966195F289A168C6">
<enum>
(6)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF7BDF8749D3949F394DAC7625EC0D48A" style="OLC">
<paragraph id="H9DD85B0C0DAA4A38A5BAC6A291FC782B">
<enum>
(6)
</enum>
<text>
the term
<term>
employment service office
</term>
means a local office of a State agency; and
</text>
</paragraph>
<paragraph id="H4A096E68A1DC4DEFA13F50DDDF2C7839">
<enum>
(7)
</enum>
<text>
except in section 15, the term
<term>
State agency
</term>
, used without further description, means an agency designated or authorized under section 4.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HAA29D7E91FB645A1A3C8ECBD95AD2218">
<enum>
303.
</enum>
<header>
Federal and State employment service offices
</header>
<subsection commented="no" id="H070CD78A6B454660B6F3E35CCDB15C13">
<enum>
(a)
</enum>
<header>
Coordination
</header>
<text>
Section 3(a) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49b">
29 U.S.C. 49b(a)
</external-xref>
) is amended by striking
<quote>
services
</quote>
and inserting
<quote>
service offices
</quote>
.
</text>
</subsection>
<subsection id="H981959A7DC884465A00981D75CDAB0C4">
<enum>
(b)
</enum>
<header>
Public labor exchange services system
</header>
<text>
Section 3(c) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49b">
29 U.S.C. 49b(c)
</external-xref>
) is amended—
</text>
<paragraph id="HCBE616CA77914AD4819BF4090963E878">
<enum>
(1)
</enum>
<text>
in paragraph (2), by striking the semicolon and inserting
<quote>
, and identify and disseminate information on best practices for such system; and
</quote>
; and
</text>
</paragraph>
<paragraph id="H58AB6B84F73E471D99E02FB67E7A59C2">
<enum>
(2)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD7AF6CF9EDBA427BB373B6C43CBA0690" style="OLC">
<paragraph id="HF0F62FB1BD2C4C3590D26CC50B764674">
<enum>
(4)
</enum>
<text>
in coordination with the State agencies and the staff of such agencies, assist in the planning and implementation of activities to enhance the professional development and career advancement opportunities of such staff, in order to strengthen the provision of a broad range of career guidance services, the identification of job openings (including providing intensive outreach to small and medium-sized employers and enhanced employer services), the provision of technical assistance and training to other providers of workforce development activities (including workplace learning advisors) relating to counseling and employment-related services, and the development of new strategies for coordinating counseling and technology.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H4C7DC44DBD6C40BA9D07A0D0EDF3BC38">
<enum>
(c)
</enum>
<header>
One-stop centers
</header>
<text>
Section 3 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49b">
29 U.S.C. 49b
</external-xref>
) is amended by inserting after subsection (c) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HFFF7177FEE9A491AB0F5B7DB4693AF7B" style="traditional">
<subsection id="H2C9D3312CA7244B6917FA560F3391CC8">
<enum>
(d)
</enum>
<text>
In order to improve service delivery, avoid duplication of services, and enhance coordination of services, including location of staff to ensure access to services under section 7(a) statewide in underserved areas, employment service offices in each State shall be colocated with one-stop centers.
</text>
</subsection>
<subsection id="H396C686591C04230BF6002290529CF57">
<enum>
(e)
</enum>
<text>
The Secretary, in consultation with States, is authorized to assist the States in the development of national electronic tools that may be used to improve access to workforce information for individuals through—
</text>
<paragraph id="H5D39DF625AEA4085BCD85651E71ECFD3">
<enum>
(1)
</enum>
<text>
the one-stop delivery systems established as described in section 121(e) of the Workforce Innovation and Opportunity Act; and
</text>
</paragraph>
<paragraph id="H1BDB25AC36E2432887D85CEC6CFFF641">
<enum>
(2)
</enum>
<text>
such other delivery systems as the Secretary determines to be appropriate.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H51416BAE9B8847A3B4534621D33DDC9E">
<enum>
304.
</enum>
<header>
Allotment of sums
</header>
<text display-inline="no-display-inline">
Section 6 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49e">
29 U.S.C. 49e
</external-xref>
) is amended—
</text>
<paragraph id="HCC8044728C93491BA21472F9B43D261E">
<enum>
(1)
</enum>
<text>
in subsection (a), by striking
<quote>
amounts appropriated pursuant to section 5
</quote>
and inserting
<quote>
funds appropriated and (except for Guam) certified under section 5 and made available for allotments under this section
</quote>
; and
</text>
</paragraph>
<paragraph id="H4800095FBB274217B7BB98DA6E67F32A">
<enum>
(2)
</enum>
<text>
in subsection (b)(1)—
</text>
<subparagraph id="H416975394C014617932EB95BDE63A5EF">
<enum>
(A)
</enum>
<text>
in the matter preceding subparagraph (A)—
</text>
<clause id="HA8966876BD9243F89833096E19DE9D58">
<enum>
(i)
</enum>
<text>
by inserting before
<quote>
the Secretary
</quote>
the following
<quote>
after making the allotments required by subsection (a),
</quote>
; and
</text>
</clause>
<clause id="H01097B9932164E3F87F7A57D5F7E03DB">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
sums
</quote>
and all that follows through
<quote>
this Act
</quote>
and inserting
<quote>
funds described in subsection (a)
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H64D98F3748D34ED2885204EA242B6108">
<enum>
(B)
</enum>
<text>
in each of subparagraphs (A) and (B), by striking
<quote>
sums
</quote>
and inserting
<quote>
remainder
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H7A7B35D6BA364E24BD22013989749F34">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
<quote>
For purposes of this paragraph, the term
<term>
State
</term>
does not include Guam or the Virgin Islands.
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H65EC19D9BDB048CEAD3FC247C46DA63C">
<enum>
305.
</enum>
<header>
Use of sums
</header>
<subsection id="HD3DCCA55BDBE4D78841E4EC2DAD1F977">
<enum>
(a)
</enum>
<header>
Improved coordination
</header>
<text>
Section 7(a)(1) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49f">
29 U.S.C. 49f(a)(1)
</external-xref>
) is amended by inserting
<quote>
, including unemployment insurance claimants,
</quote>
after
<quote>
seekers
</quote>
.
</text>
</subsection>
<subsection id="H067F61CD7FA740B79E18CD2D64F59D64">
<enum>
(b)
</enum>
<header>
Resources for unemployment insurance claimants
</header>
<text display-inline="yes-display-inline">
Section 7(a)(3) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49f">
29 U.S.C. 49f(a)(3)
</external-xref>
) is amended—
</text>
<paragraph id="H65FAAC55288843C7BF0126EA96CECAD6">
<enum>
(1)
</enum>
<text>
by striking
<quote>
and
</quote>
at the end of subparagraph (E);
</text>
</paragraph>
<paragraph id="HEC5EDE6E2482422F967D7DA4DDDAFD38">
<enum>
(2)
</enum>
<text>
in subparagraph (F)—
</text>
<subparagraph id="HEFB1241B503D4A098FD7975F82C238ED">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
, including making eligibility assessments,
</quote>
after
<quote>
system
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HE02FCE70943B47B5A68FCFA584310013">
<enum>
(B)
</enum>
<text>
by striking the period at the end and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H42C4CEFEB7864397854C62B7C79BFA5B">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
by inserting after subparagraph (F) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H335AACAA7EF74AD9A6EA80746121437A" style="traditional">
<subparagraph id="HA66D17E9AFDF4599A01B6E547D94CF27">
<enum>
(G)
</enum>
<text>
providing unemployment insurance claimants with referrals to, and application assistance for, training and education resources and programs, including Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1070a">
20 U.S.C. 1070a et seq.
</external-xref>
), educational assistance under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/30">
chapter 30
</external-xref>
of title 38, United States Code (commonly referred to as the Montgomery GI Bill), and chapter 33 of that title (Post-9/11 Veterans Educational Assistance), student assistance under title IV of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1070">
20 U.S.C. 1070 et seq.
</external-xref>
), State student higher education assistance, and training and education programs provided under titles I and II of the Workforce Innovation and Opportunity Act, and title I of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
).
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" id="HB2100099080F422EA6AE59E0F8B3DD30">
<enum>
(c)
</enum>
<header>
State activities
</header>
<text>
Section 7(b) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49f">
29 U.S.C. 49f(b)
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="HB8A528826D594D69BCFB979090E6403A">
<enum>
(1)
</enum>
<text>
in paragraph (1), by striking
<quote>
performance standards established by the Secretary
</quote>
and inserting
<quote>
the performance accountability measures that are based on indicators described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="HD74C3772E0FE4B0EB44D82D7A018E9D5">
<enum>
(2)
</enum>
<text>
in paragraph (2), by inserting
<quote>
offices
</quote>
after
<quote>
employment service
</quote>
; and
</text>
</paragraph>
<paragraph id="HEB3C6CF21A354CB7BD5ACE4430E76842">
<enum>
(3)
</enum>
<text>
in paragraph (3), by inserting
<quote>
, and models for enhancing professional development and career advancement opportunities of State agency staff, as described in section 3(c)(4)
</quote>
after
<quote>
subsection (a)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H57CD994B52B242F38780953BF2E6C850">
<enum>
(d)
</enum>
<header>
Providing additional funds
</header>
<text>
Subsections (c)(2) and (d) of section 7 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49f">
29 U.S.C. 49f
</external-xref>
) are amended by striking
<quote>
the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="HEAFA83AD01C24942B8F540D663B41980">
<enum>
(e)
</enum>
<header>
Conforming amendment
</header>
<text>
Section 7(e) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49f">
29 U.S.C. 49f(e)
</external-xref>
) is amended by striking
<quote>
labor employment statistics
</quote>
and inserting
<quote>
workforce and labor market information
</quote>
.
</text>
</subsection>
</section>
<section id="HD2E595BA628E4E158B2B5AC289CD1634">
<enum>
306.
</enum>
<header>
State plan
</header>
<text display-inline="no-display-inline">
Section 8 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49g">
29 U.S.C. 49g
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H75D38379AA414DBD97AC04A4A90F0665" style="traditional">
<section id="HC8E406D9C23243999F3CE0FEE30E672F">
<enum>
8.
</enum>
<text display-inline="yes-display-inline">
Any State desiring to receive assistance under section 6 shall prepare and submit to, and have approved by, the Secretary and the Secretary of Education, a State plan in accordance with section 102 or 103 of the Workforce Innovation and Opportunity Act.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H9D86A0F42E7E41E594E7652471EB9470">
<enum>
307.
</enum>
<header>
Performance measures
</header>
<text display-inline="no-display-inline">
Section 13(a) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l">
29 U.S.C. 49l(a)
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H89D448D43DB04F9882C47BD0210C809F" style="traditional">
<subsection id="H8EFEFBA044CC48C6B3C60148194EE00D">
<enum>
(a)
</enum>
<text display-inline="yes-display-inline">
The activities carried out pursuant to section 7 shall be subject to the performance accountability measures that are based on indicators described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H834BC28CF5004879B1E155F362096D13">
<enum>
308.
</enum>
<header>
Workforce and labor market information system
</header>
<subsection id="HDF4BC5B26CD845469B8188C4C53A1BC2">
<enum>
(a)
</enum>
<header>
Heading
</header>
<text display-inline="yes-display-inline">
The section heading for section 15 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2
</external-xref>
) is amended by striking
<quote>
<header-in-text level="section" style="OLC">
Employment statistics
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
Workforce and labor market information system
</header-in-text>
</quote>
.
</text>
</subsection>
<subsection id="HECE3EFAD4AC944CBB4C34E5BCB16B5FC">
<enum>
(b)
</enum>
<header>
Name of system
</header>
<text>
Section 15(a)(1) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(a)(1)
</external-xref>
) is amended by striking
<quote>
employment statistics system of employment statistics
</quote>
and inserting
<quote>
workforce and labor market information system
</quote>
.
</text>
</subsection>
<subsection id="H3FB62398B1D34940A74DB5D6EA1DC248">
<enum>
(c)
</enum>
<header>
System responsibilities
</header>
<text>
Section 15(b) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(b)
</external-xref>
) is amended—
</text>
<paragraph id="H9F8AD57D515B49ABAF6462C0C0F84F9B">
<enum>
(1)
</enum>
<text>
by striking paragraph (1) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H547B16F8808C4065BC3C4122301B8E31" style="OLC">
<paragraph id="H05674C104096478D87124AA13E73EA6C">
<enum>
(1)
</enum>
<header>
In general
</header>
<subparagraph id="H3C1EE11A5FEE408EA25C3340EF82830B">
<enum>
(A)
</enum>
<header>
Structure
</header>
<text>
The workforce and labor market information system described in subsection (a) shall be evaluated and improved by the Secretary, in consultation with the Workforce Information Advisory Council established in subsection (d).
</text>
</subparagraph>
<subparagraph id="HFCEFBA70D87A4A1DA9D2F6F5C79DF65F">
<enum>
(B)
</enum>
<header>
Grants and responsibilities
</header>
<clause id="HB22DA1378E1C44618F2F5C8196319836">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
The Secretary shall carry out the provisions of this section in a timely manner, through grants to or agreements with States.
</text>
</clause>
<clause id="H3CED3BDBE0F941FD8287D3A05A61753F">
<enum>
(ii)
</enum>
<header>
Distribution of funds
</header>
<text>
Using amounts appropriated under subsection (g), the Secretary shall provide funds through those grants and agreements. In distributing the funds (relating to workforce and labor market information funding) for fiscal years 2015 through 2020, the Secretary shall continue to distribute the funds to States in the manner in which the Secretary distributed funds to the States under this section for fiscal years 2004 through 2008.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H8533BC2C710145518DCAEA9792C2611F">
<enum>
(2)
</enum>
<text>
by striking paragraph (2) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6ACF42DCB9624BF7A161B41A00B84040" style="OLC">
<paragraph id="H51C82F6B5B3F490D810D2A88103A3540">
<enum>
(2)
</enum>
<header>
Duties
</header>
<text>
The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties:
</text>
<subparagraph id="H118ADC87445D4CF0BA44D31DED86B855">
<enum>
(A)
</enum>
<text>
Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that the statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions, and that the information is accessible and understandable to users of such data.
</text>
</subparagraph>
<subparagraph id="H61B840AA197A49378DCA4573FE5C6571">
<enum>
(B)
</enum>
<text>
Actively seek the cooperation of heads of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities.
</text>
</subparagraph>
<subparagraph id="H4CB9D41648F04089BE3AF23354F190AE">
<enum>
(C)
</enum>
<text>
Solicit, receive, and evaluate the recommendations from the Workforce Information Advisory Council established in subsection (d) concerning the evaluation and improvement of the workforce and labor market information system described in subsection (a) and respond in writing to the Council regarding the recommendations.
</text>
</subparagraph>
<subparagraph id="H3E669F5AE41C4D5289F4A268120EFFD9">
<enum>
(D)
</enum>
<text>
Eliminate gaps and duplication in statistical undertakings.
</text>
</subparagraph>
<subparagraph id="HB037BFE470764E83B92B54475B2244CF">
<enum>
(E)
</enum>
<text>
Through the Bureau of Labor Statistics and the Employment and Training Administration, and in collaboration with States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1).
</text>
</subparagraph>
<subparagraph id="HA83BDC7E9FE54174B88A9D7D1D7A9208">
<enum>
(F)
</enum>
<text>
Establish procedures for the system to ensure that—
</text>
<clause id="H2CBB3769F2AD40B181468DBFE5537EC1">
<enum>
(i)
</enum>
<text>
such data and information are timely; and
</text>
</clause>
<clause id="H7B04D67D1B5C4F22BE339F08D0F0C845">
<enum>
(ii)
</enum>
<text>
paperwork and reporting for the system are reduced to a minimum.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H3B4ED84E19474DC2B60E73BF9C841D07">
<enum>
(d)
</enum>
<header>
Two-year plan
</header>
<text>
Section 15 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2
</external-xref>
) is amended by striking subsection (c) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HCDB2FEF4F7E94F24870F056A817BB067" style="OLC">
<subsection id="H1E9FA09B440A46A8BEA7A807102CF8B6">
<enum>
(c)
</enum>
<header>
Two-year plan
</header>
<text>
The Secretary, acting through the Commissioner of Labor Statistics and the Assistant Secretary for Employment and Training, and in consultation with the Workforce Information Advisory Council described in subsection (d) and heads of other appropriate Federal agencies, shall prepare a 2-year plan for the workforce and labor market information system. The plan shall be developed and implemented in a manner that takes into account the activities described in State plans submitted by States under section 102 or 103 of the Workforce Innovation and Opportunity Act and shall be submitted to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. The plan shall include—
</text>
<paragraph id="H2FA810B1975B4E1C93D0B303CF65B051">
<enum>
(1)
</enum>
<text>
a description of how the Secretary will work with the States to manage the nationwide workforce and labor market information system described in subsection (a) and the statewide workforce and labor market information systems that comprise the nationwide system;
</text>
</paragraph>
<paragraph id="H2039DEBF571C435096B2CA95AA7E1FBE">
<enum>
(2)
</enum>
<text>
a description of the steps to be taken in the following 2 years to carry out the duties described in subsection (b)(2);
</text>
</paragraph>
<paragraph id="HF9C812FAA7AE41A286A93921CA6E967F">
<enum>
(3)
</enum>
<text>
an evaluation of the performance of the system, with particular attention to the improvements needed at the State and local levels;
</text>
</paragraph>
<paragraph id="H5E8B568FBF2B46BB88A290C78BB1B3E8">
<enum>
(4)
</enum>
<text>
a description of the involvement of States in the development of the plan, through consultation by the Secretary with the Workforce Information Advisory Council in accordance with subsection (d); and
</text>
</paragraph>
<paragraph id="H94A6445889064E5D9DE57BFBF872B541">
<enum>
(5)
</enum>
<text>
a description of the written recommendations received from the Workforce Information Advisory Council established under subsection (d), and the extent to which those recommendations were incorporated into the plan.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H59A3327394D64C4AB36CF1ACF939B32E">
<enum>
(e)
</enum>
<header>
Workforce information advisory council
</header>
<text>
Section 15 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2
</external-xref>
) is amended by striking subsection (d) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4D20B6E0FE3D417CADE1D108E0BC0B0E" style="OLC">
<subsection id="H09F21918E72149E7800DAE319618D256">
<enum>
(d)
</enum>
<header>
Workforce information advisory council
</header>
<paragraph id="HAACEA03924B44BB7BDE24821E7AD722B">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Secretary, through the Commissioner of Labor Statistics and the Assistant Secretary for Employment and Training, shall formally consult at least twice annually with the Workforce Information Advisory Council established in accordance with paragraph (2). Such consultations shall address the evaluation and improvement of the nationwide workforce and labor market information system described in subsection (a) and the statewide workforce and labor market information systems that comprise the nationwide system and how the Department of Labor and the States will cooperate in the management of such systems. The Council shall provide written recommendations to the Secretary concerning the evaluation and improvement of the nationwide system, including any recommendations regarding the 2-year plan described in subsection (c).
</text>
</paragraph>
<paragraph id="H2DAD0A33A0DD496AA9859D3DF2B4FC8A">
<enum>
(2)
</enum>
<header>
Establishment of council
</header>
<subparagraph id="HFC5341FB4B6744A98E63D4249CD6B2D4">
<enum>
(A)
</enum>
<header>
Establishment
</header>
<text>
The Secretary shall establish an advisory council that shall be known as the Workforce Information Advisory Council (referred to in this section as the
<quote>
Council
</quote>
) to participate in the consultations and provide the recommendations described in paragraph (1).
</text>
</subparagraph>
<subparagraph id="HA75BB3FF895A411A88A69B2EAC226AE5">
<enum>
(B)
</enum>
<header>
Membership
</header>
<text>
The Secretary shall appoint the members of the Council, which shall consist of—
</text>
<clause id="H77441568A1E84E4F88B3256A3CA3964A">
<enum>
(i)
</enum>
<text>
4 members who are representatives of lead State agencies with responsibility for workforce investment activities, or State agencies described in section 4, who have been nominated by such agencies or by a national organization that represents such agencies;
</text>
</clause>
<clause id="H292FB0B042E9470AA1469906376FF640">
<enum>
(ii)
</enum>
<text>
4 members who are representatives of the State workforce and labor market information directors affiliated with the State agencies that perform the duties described in subsection (e)(2), who have been nominated by the directors;
</text>
</clause>
<clause id="H79836CD535FC455A8592DFA1A4BBBAA9">
<enum>
(iii)
</enum>
<text>
1 member who is a representative of providers of training services under section 122 of the Workforce Innovation and Opportunity Act;
</text>
</clause>
<clause id="HDFFC665993204C23907280E99C28DA2A">
<enum>
(iv)
</enum>
<text>
1 member who is a representative of economic development entities;
</text>
</clause>
<clause id="H88932CD7C1D44F6595BB1D13453D4414">
<enum>
(v)
</enum>
<text>
1 member who is a representative of businesses, who has been nominated by national business organizations or trade associations;
</text>
</clause>
<clause id="H8BA06FA492A347FAA79B63A64FE7D3BE">
<enum>
(vi)
</enum>
<text>
1 member who is a representative of labor organizations, who has been nominated by a national labor federation;
</text>
</clause>
<clause id="HB19B7D8F5307415A8E1E03FEDACB5C37">
<enum>
(vii)
</enum>
<text>
1 member who is a representative of local workforce development boards, who has been nominated by a national organization representing such boards; and
</text>
</clause>
<clause id="HB2E84BB1E0E64866BEC3C5702B48D65B">
<enum>
(viii)
</enum>
<text>
1 member who is a representative of research entities that utilize workforce and labor market information.
</text>
</clause>
</subparagraph>
<subparagraph id="H378F561C27A54A3DA784DDF3FF6B5A0F">
<enum>
(C)
</enum>
<header>
Geographic diversity
</header>
<text>
The Secretary shall ensure that the membership of the Council is geographically diverse and that no 2 of the members appointed under clauses (i), (ii), and (vii) represent the same State.
</text>
</subparagraph>
<subparagraph id="H40313EE10ADA47B493D01AD456B94B97">
<enum>
(D)
</enum>
<header>
Period of appointment; vacancies
</header>
<clause id="HE53DF937169F43FD9DBDA982664DA269">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
Each member of the Council shall be appointed for a term of 3 years, except that the initial terms for members may be 1, 2, or 3 years in order to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms.
</text>
</clause>
<clause id="HFFB32E313A074245B8A65818C1DFD703">
<enum>
(ii)
</enum>
<header>
Vacancies
</header>
<text>
Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office.
</text>
</clause>
</subparagraph>
<subparagraph id="HABAF23E93F894543AED5F6D4E2A11ECC">
<enum>
(E)
</enum>
<header>
Travel expenses
</header>
<text>
The members of the Council shall not receive compensation for the performance of services for the Council, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/57">
chapter 57
</external-xref>
of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. Notwithstanding
<external-xref legal-doc="usc" parsable-cite="usc/31/1342">
section 1342
</external-xref>
of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Council.
</text>
</subparagraph>
<subparagraph id="H70F15EF1E7F34D2F941CF099B6C79DCA">
<enum>
(F)
</enum>
<header>
Permanent council
</header>
<text>
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H50FBB37FE0154774819465A85360A6F9">
<enum>
(f)
</enum>
<header>
State responsibilities
</header>
<text>
Section 15(e) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(e)
</external-xref>
) is amended—
</text>
<paragraph id="HC90E3A3865B7490797B8F300839B6C8A">
<enum>
(1)
</enum>
<text>
by striking
<quote>
employment statistics
</quote>
each place it appears and inserting
<quote>
workforce and labor market information
</quote>
;
</text>
</paragraph>
<paragraph id="H58ECEC585E384814B88A65CA34BB9F80">
<enum>
(2)
</enum>
<text>
in paragraph (1)(A) by striking
<quote>
annual plan
</quote>
and inserting
<quote>
plan described in subsection (c)
</quote>
;
</text>
</paragraph>
<paragraph id="H36C9CB6B37B5439BBC26BA10CC07B017">
<enum>
(3)
</enum>
<text>
in paragraph (2)—
</text>
<subparagraph id="H80EC36F8D4F4438FB9A46A23294178A2">
<enum>
(A)
</enum>
<text>
in subparagraph (G), by inserting
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="HEAD67E2006C64C2AB8042A0255CBDD50">
<enum>
(B)
</enum>
<text>
by striking subparagraph (H);
</text>
</subparagraph>
<subparagraph id="H479DAD8FCF8E466EB70892A687968F60">
<enum>
(C)
</enum>
<text>
in subparagraph (I), by striking
<quote>
section 136(f)(2) of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
section 116(i)(2) of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA9C75BF824DE4201B2373C5C5BCE7DEA">
<enum>
(D)
</enum>
<text>
by redesignating subparagraph (I) as subparagraph (H).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="H7018ECEA47B541559A37B1BB0F204617">
<enum>
(g)
</enum>
<header>
Authorization of appropriations
</header>
<text>
Section 15(g) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(g)
</external-xref>
) is amended by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2004
</quote>
and inserting
<quote>
$60,153,000 for fiscal year 2015, $64,799,000 for fiscal year 2016, $66,144,000 for fiscal year 2017, $67,611,000 for fiscal year 2018, $69,200,000 for fiscal year 2019, and $70,667,000 for fiscal year 2020
</quote>
.
</text>
</subsection>
</section>
</title>
<title id="HE7C8DA25F43044B4BA1F2B6B39DD9FC0">
<enum>
IV
</enum>
<header>
Amendments to the Rehabilitation Act of 1973
</header>
<subtitle id="HA2551010751C4A639DAFEAF352090172">
<enum>
A
</enum>
<header>
Introductory Provisions
</header>
<section id="H6855D456FEE0459EAA95BC4E574183DA">
<enum>
401.
</enum>
<header>
References
</header>
<text display-inline="no-display-inline">
Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the amendment or repeal shall be considered to be made to a provision of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
).
</text>
</section>
<section id="HB18BDDEC85C7468DABB7839485875B06">
<enum>
402.
</enum>
<header>
Findings, purpose, policy
</header>
<subsection id="HB50B32196CFF45158D0D028D82C5637E">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text>
Section 2(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701(a)
</external-xref>
) is amended—
</text>
<paragraph id="H4292A07D821B46BC8D6D7AED9ADC49E5">
<enum>
(1)
</enum>
<text>
in paragraph (4), by striking
<quote>
workforce investment systems under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
workforce development systems defined in section 3 of the Workforce Innovation and Opportunity Act
</quote>
;
</text>
</paragraph>
<paragraph id="HA5D68AFAC1E84F478D31A05CB4B780DB">
<enum>
(2)
</enum>
<text>
in paragraph (5), by striking
<quote>
and
</quote>
at the end;
</text>
</paragraph>
<paragraph id="H86799EC5B11B40CCAC930539A8F8F612">
<enum>
(3)
</enum>
<text>
in paragraph (6), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="H1EF7DEECFE8F45C992D482391EBA79B9">
<enum>
(4)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H063BCC9F719B40A58C9E58BD91CFFA8A" style="OLC">
<paragraph id="H86AE03A551024F46A1158C0DBAACD780">
<enum>
(7)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HBDD99BCF0FA04D1CABF295182B72D19C">
<enum>
(A)
</enum>
<text>
a high proportion of students with disabilities is leaving secondary education without being employed in competitive integrated employment, or being enrolled in postsecondary education; and
</text>
</subparagraph>
<subparagraph id="H13662C27F8294DBDAEC61498400DACB5" indent="up1">
<enum>
(B)
</enum>
<text>
there is a substantial need to support such students as they transition from school to postsecondary life.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H6252881F751E4C88A766BBD705A07F42">
<enum>
(b)
</enum>
<header>
Purpose
</header>
<text>
Section 2(b) (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701(b)
</external-xref>
) is amended—
</text>
<paragraph id="H0868252894BC4C9DB5EB6F15311D80F5">
<enum>
(1)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="H724FFD5E4CFC4A9BB389FDB8A992154F">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
workforce investment systems implemented in accordance with title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
workforce development systems defined in section 3 of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HD4B49DA8EE4A4EC2963C0023A97F17D2">
<enum>
(B)
</enum>
<text>
at the end of subparagraph (F), by striking
<quote>
and
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H6EC7B155507E4E829C4DB1F2166F1DE4">
<enum>
(2)
</enum>
<text>
by redesignating paragraph (2) as paragraph (3);
</text>
</paragraph>
<paragraph id="HA1EBFAFF9D1A4D0C82DF289EFF38561E">
<enum>
(3)
</enum>
<text>
by inserting after paragraph (1) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HDB37E4C66E1F4D52B5573D237797DBE3" style="OLC">
<paragraph id="H6112E2BFF8CF429789F652F06A86A26F">
<enum>
(2)
</enum>
<text>
to maximize opportunities for individuals with disabilities, including individuals with significant disabilities, for competitive integrated employment;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H2ACFFCF0F4A240878F4AC1E4F13CC16C">
<enum>
(4)
</enum>
<text>
in paragraph (3), as redesignated by paragraph (2), by striking the period at the end and inserting a semicolon; and
</text>
</paragraph>
<paragraph id="H33C03D12FFCF44DBAB780F1DB53FAC08">
<enum>
(5)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7D4BEBDB613B466FA35EF901557845E4" style="OLC">
<paragraph id="H3EECE7BD161C4A8FBF243C54B1B6F3FF">
<enum>
(4)
</enum>
<text>
to increase employment opportunities and employment outcomes for individuals with disabilities, including through encouraging meaningful input by employers and vocational rehabilitation service providers on successful and prospective employment and placement strategies; and
</text>
</paragraph>
<paragraph id="HEF25D33E4FF845A1A0D4B196C16F8EEB">
<enum>
(5)
</enum>
<text>
to ensure, to the greatest extent possible, that youth with disabilities and students with disabilities who are transitioning from receipt of special education services under the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1400">
20 U.S.C. 1400 et seq.
</external-xref>
) and receipt of services under section 504 of this Act have opportunities for postsecondary success.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
<section id="HB6383AB36A3244479F7B673CCAADD9A2">
<enum>
403.
</enum>
<header>
Rehabilitation Services Administration
</header>
<text display-inline="no-display-inline">
Section 3 (
<external-xref legal-doc="usc" parsable-cite="usc/29/702">
29 U.S.C. 702
</external-xref>
) is amended—
</text>
<paragraph id="H4A246B9B8DA24C04A6B85053FBD0F675">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="HAD09227155424ECA990C0ACF5CF25CEA">
<enum>
(A)
</enum>
<text>
in the first sentence, by inserting
<quote>
in the Department of Education
</quote>
after
<quote>
Secretary
</quote>
;
</text>
</subparagraph>
<subparagraph id="H9A8D73EBDD504857B57AD7394371EB60">
<enum>
(B)
</enum>
<text>
by striking the second sentence and inserting
<quote>
Such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out titles I, III, VI, and chapter 2 of title VII.
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H5CAC1A3D053D43199023707AFF3B940A">
<enum>
(C)
</enum>
<text>
in the fourth and sixth sentences, by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
the first place it appears; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H85CE912CC0C1446782EA39A6007DABAD">
<enum>
(2)
</enum>
<text>
in subsection (b), by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
.
</text>
</paragraph>
</section>
<section id="HF0574E3E0CFC4C5497DBAC0A01C36E24">
<enum>
404.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 7 (
<external-xref legal-doc="usc" parsable-cite="usc/29/705">
29 U.S.C. 705
</external-xref>
) is amended—
</text>
<paragraph id="H00D4B3A682FB4B209E64C5BEA55FB86F">
<enum>
(1)
</enum>
<text>
in paragraph (2)(B)—
</text>
<subparagraph id="HF42AED5051E847C8B72540C2FE2A17FA">
<enum>
(A)
</enum>
<text>
in clause (iii), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="H647E7991991543F5A5B17702153D7016">
<enum>
(B)
</enum>
<text>
in clause (iv), by striking the semicolon and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H2E7636358DE64812AA9FEC1F67BEE237">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HDF9EC717E36049AF891AB9E6B32A171A" style="OLC">
<clause id="H565F82F6D6AF4471B7FE9E2D2AC02485">
<enum>
(v)
</enum>
<text>
to the maximum extent possible, relies on information obtained from experiences in integrated employment settings in the community, and other integrated community settings;
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HBAC92F5292854EEDA45CD40696BA0D35">
<enum>
(2)
</enum>
<text>
by striking paragraphs (3) and (4) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H9A45314A88CB4753A21C492C495A2EF5" style="OLC">
<paragraph id="H0A7635F75EB94AA29F292EEDE12E3194">
<enum>
(3)
</enum>
<header>
Assistive technology terms
</header>
<subparagraph id="H80A78EE2E6654E29A2A5C2B8C3B4738E">
<enum>
(A)
</enum>
<header>
Assistive technology
</header>
<text>
The term
<term>
assistive technology
</term>
has the meaning given such term in section 3 of the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3002">
29 U.S.C. 3002
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="HB856C183C9CA46A184C3EDDB6A30B121">
<enum>
(B)
</enum>
<header>
Assistive technology device
</header>
<text>
The term
<term>
assistive technology device
</term>
has the meaning given such term in section 3 of the Assistive Technology Act of 1998, except that the reference in such section to the term
<term>
individuals with disabilities
</term>
shall be deemed to mean more than 1 individual with a disability as defined in paragraph (20)(A)).
</text>
</subparagraph>
<subparagraph id="H649A760C752E4400911B80CC32BED58D">
<enum>
(C)
</enum>
<header>
Assistive technology service
</header>
<text>
The term
<term>
assistive technology service
</term>
has the meaning given such term in section 3 of the Assistive Technology Act of 1998, except that the reference in such section—
</text>
<clause id="HC45B2198D61F4B4CA6DD17B6C46AAF45">
<enum>
(i)
</enum>
<text>
to the term
<term>
individual with a disability
</term>
shall be deemed to mean an individual with a disability, as defined in paragraph (20)(A); and
</text>
</clause>
<clause id="H1778B60DC97E4B298760E43A14A3A5B1">
<enum>
(ii)
</enum>
<text>
to the term
<term>
individuals with disabilities
</term>
shall be deemed to mean more than 1 such individual.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H8E3456A70B1943F9A7AD9C59D42125C7">
<enum>
(3)
</enum>
<text>
by redesignating paragraph (5) as paragraph (4);
</text>
</paragraph>
<paragraph id="H4AD814BF82904DB39969A0ECD0C8E422">
<enum>
(4)
</enum>
<text>
in paragraph (4), as redesignated by paragraph (3)—
</text>
<subparagraph id="HF59351161BEC49FCA2EA121A1008CECC">
<enum>
(A)
</enum>
<text>
by redesignating subparagraphs (O) through (Q) as subparagraphs (P) through (R), respectively;
</text>
</subparagraph>
<subparagraph id="H9C21C3F62278419C8B713A3DE229E865">
<enum>
(B)
</enum>
<text>
by inserting after subparagraph (N) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H86076DD5AA364E29B59A53C9A063B846" style="OLC">
<subparagraph id="H8DDA1968EC094831840768A35F910695">
<enum>
(O)
</enum>
<text>
customized employment;
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H4441010E0AE44769946D7888DECE3E60">
<enum>
(C)
</enum>
<text>
in subparagraph (R), as redesignated by subparagraph (A) of this paragraph, by striking
<quote>
(P)
</quote>
and inserting
<quote>
(Q)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H68B02F63766545CAB1CE5C40F7FD0414">
<enum>
(5)
</enum>
<text>
by inserting before paragraph (6) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H0FA443CFA5364F50AAED361CB9617F4B" style="OLC">
<paragraph id="H4FB0FD4B86FB4621A032AF5D1E4A1DE3">
<enum>
(5)
</enum>
<header>
Competitive integrated employment
</header>
<text>
The term
<term>
competitive integrated employment
</term>
means work that is performed on a full-time or part-time basis (including self-employment)—
</text>
<subparagraph id="H07F62AAB6EC54FBB8DB990B27BCF944C">
<enum>
(A)
</enum>
<text>
for which an individual—
</text>
<clause id="HE9869DFC9052405B97E388779E1E6B76">
<enum>
(i)
</enum>
<text>
is compensated at a rate that—
</text>
<subclause id="HC34424A43B6843BD8221193481BC40F1">
<enum>
(I)
</enum>
<item commented="no" display-inline="yes-display-inline" id="H832E612D4A304A32B429F11683C3E7AB">
<enum>
(aa)
</enum>
<text>
shall be not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/206">
29 U.S.C. 206(a)(1)
</external-xref>
) or the rate specified in the applicable State or local minimum wage law; and
</text>
</item>
<item id="H92D0E628A6664A02A6B1B504A2A03BC8" indent="up1">
<enum>
(bb)
</enum>
<text>
is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; or
</text>
</item>
</subclause>
<subclause id="H16BE9EA233D64E0AB31A8C4896D0A22E">
<enum>
(II)
</enum>
<text>
in the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities, and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and
</text>
</subclause>
</clause>
<clause id="H497B0FFDCE364730828F01F72B08ED86">
<enum>
(ii)
</enum>
<text>
is eligible for the level of benefits provided to other employees;
</text>
</clause>
</subparagraph>
<subparagraph id="HBA21F8F2829E46C2B84DE178C10B7ABF">
<enum>
(B)
</enum>
<text>
that is at a location where the employee interacts with other persons who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that individuals who are not individuals with disabilities and who are in comparable positions interact with other persons; and
</text>
</subparagraph>
<subparagraph id="HF06FF0B36B1146AD939BEAEDAA00621C">
<enum>
(C)
</enum>
<text>
that, as appropriate, presents opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H2013CD0DB24249B28921B07732794E49">
<enum>
(6)
</enum>
<text>
in paragraph (6)(B), by striking
<quote>
includes
</quote>
and all that follows through
<quote>
fees
</quote>
and inserting
<quote>
includes architects' fees
</quote>
;
</text>
</paragraph>
<paragraph id="HB6A811DEEB894098B70E46DFCBB7A035">
<enum>
(7)
</enum>
<text>
by inserting after paragraph (6) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HDF9AC235F8854E8CBDDBECDBC80DA1A5" style="OLC">
<paragraph id="H0C4C910B0331426D83BA713CF035A3A1">
<enum>
(7)
</enum>
<header>
Customized employment
</header>
<text>
The term
<term>
customized employment
</term>
means competitive integrated employment, for an individual with a significant disability, that is based on an individualized determination of the strengths, needs, and interests of the individual with a significant disability, is designed to meet the specific abilities of the individual with a significant disability and the business needs of the employer, and is carried out through flexible strategies, such as—
</text>
<subparagraph id="HD0442E50520543D68DB3079C39EE97DE">
<enum>
(A)
</enum>
<text>
job exploration by the individual;
</text>
</subparagraph>
<subparagraph id="H61429E5B952444FF85DF708A8C8CAFB4">
<enum>
(B)
</enum>
<text>
working with an employer to facilitate placement, including—
</text>
<clause id="HE07E3B56FAEB45B9A3C8660CB79CDE25">
<enum>
(i)
</enum>
<text>
customizing a job description based on current employer needs or on previously unidentified and unmet employer needs;
</text>
</clause>
<clause id="H4B2C17D23A774B37A9C06E31F5F2F2C7">
<enum>
(ii)
</enum>
<text>
developing a set of job duties, a work schedule and job arrangement, and specifics of supervision (including performance evaluation and review), and determining a job location;
</text>
</clause>
<clause id="HBA8C4AE2C0384B44BEBFC25416AA1281">
<enum>
(iii)
</enum>
<text>
representation by a professional chosen by the individual, or self-representation of the individual, in working with an employer to facilitate placement; and
</text>
</clause>
<clause id="HB6619E57D24B45D2B2660EA149D1F715">
<enum>
(iv)
</enum>
<text>
providing services and supports at the job location.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H8547F269EBB64B36BEB1497C3CDAF95B">
<enum>
(8)
</enum>
<text>
in paragraph (11)—
</text>
<subparagraph id="HE7C42ABC8DFC4EA5AC30B4CE627DA8AA">
<enum>
(A)
</enum>
<text>
in subparagraph (C)—
</text>
<clause id="H623A3E9730C04607A27CA4AA4611CBEF">
<enum>
(i)
</enum>
<text>
by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
; and
</text>
</clause>
<clause id="HD1B93E961D124E619192B0DDAD7043EC">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
customized employment,
</quote>
before
<quote>
self-employment,
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H4D03C59F30C743E482557F90445C8CE1">
<enum>
(9)
</enum>
<text>
in paragraph (12), by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
each place it appears;
</text>
</paragraph>
<paragraph commented="no" id="H71A5193E295845D487D326289AB6F89F">
<enum>
(10)
</enum>
<text>
in paragraph (14)(C), by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
;
</text>
</paragraph>
<paragraph id="HACE8984F224C462E8B238F70877AA452">
<enum>
(11)
</enum>
<text>
in paragraph (17)—
</text>
<subparagraph id="H001ACAA800AD4283B0F07C3C4103E03B">
<enum>
(A)
</enum>
<text>
in subparagraph (C), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="H4B30184A770E4DCB926445CADCA52DAF">
<enum>
(B)
</enum>
<text>
in subparagraph (D), by striking the period at the end and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HDF96A59D376848E78B481CDA160712B7">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF0767B4031DA4E9D860D56D866E042E4" style="OLC">
<subparagraph id="H8EE378A0B68842759CAA165F77BD6A36">
<enum>
(E)
</enum>
<text>
services that—
</text>
<clause id="H28766DC071614CA8A8C7FFC73E309168">
<enum>
(i)
</enum>
<text>
facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the requisite supports and services;
</text>
</clause>
<clause id="H9C118C63C072457F8A7FE8773962995D">
<enum>
(ii)
</enum>
<text>
provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and
</text>
</clause>
<clause id="HC671C0ECDDD545C88AAB650E06D46F2E">
<enum>
(iii)
</enum>
<text>
facilitate the transition of youth who are individuals with significant disabilities, who were eligible for individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1414">
20 U.S.C. 1414(d)
</external-xref>
), and who have completed their secondary education or otherwise left school, to postsecondary life.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HFDA9298F169C437C955746A44322A4E9">
<enum>
(12)
</enum>
<text>
in paragraph (18), by striking
<quote>
term
</quote>
and all that follows through
<quote>
includes—
</quote>
and inserting
<quote>
term
<quote>
independent living services
</quote>
includes—
</quote>
;
</text>
</paragraph>
<paragraph id="HE66F18711649417E86650890CBE389F8">
<enum>
(13)
</enum>
<text>
in paragraph (19)—
</text>
<subparagraph id="H37C2FF4C044D471B83522BD887B7DD9D">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by inserting before the period the following:
<quote>
and includes a Native and a descendant of a Native, as such terms are defined in subsections (b) and (r) of section 3 of the Alaska Native Claims Settlement Act (
<external-xref legal-doc="usc" parsable-cite="usc/43/1602">
43 U.S.C. 1602
</external-xref>
)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H79E223C310424A5A8D4D19B788ED3514">
<enum>
(B)
</enum>
<text>
in subparagraph (B), by inserting before the period the following:
<quote>
and a tribal organization (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/25/450b">
25 U.S.C. 450b(l)
</external-xref>
))
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HBCBB8E95736A4F17B5342047CAE18240">
<enum>
(14)
</enum>
<text>
in paragraph (23), by striking
<quote>
section 101
</quote>
and inserting
<quote>
section 102
</quote>
;
</text>
</paragraph>
<paragraph id="H428EF53CDF844D83B025901724BDEEF6">
<enum>
(15)
</enum>
<text>
by striking paragraph (25) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H64F552036BF5402389D0551CEFBA571E" style="OLC">
<paragraph id="H9A6E7CA134AE42F1B00D1AAB99D4E5E9">
<enum>
(25)
</enum>
<header>
Local workforce development board
</header>
<text>
The term
<quote>
local workforce development board
</quote>
means a local board, as defined in section 3 of the Workforce Innovation and Opportunity Act.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HAB7EE309C4884B7D8923EBE232F4AD62">
<enum>
(16)
</enum>
<text>
by striking paragraph (37);
</text>
</paragraph>
<paragraph id="H2BF6367DD6784BF0A704CCF264FB5ED6">
<enum>
(17)
</enum>
<text>
by redesignating paragraphs (29) through (39) as paragraphs (31) through (36), and (38) through (41), respectively;
</text>
</paragraph>
<paragraph id="H6397E695830A4507B081E3D5572DF1C2">
<enum>
(18)
</enum>
<text>
by inserting after paragraph (28) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB8EDE08CC3DE45F89102F97301AF6667" style="OLC">
<paragraph id="H4E3AE6A1188947F3A48EBBE42F8B5E89">
<enum>
(30)
</enum>
<header>
Pre-employment transition services
</header>
<text>
The term
<term>
pre-employment transition services
</term>
means services provided in accordance with section 113.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HD37802B5A7C44D5282A246B2FC79B830">
<enum>
(19)
</enum>
<text>
by striking paragraph (33), as redesignated by paragraph (17), and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H557A5D4D2C3F4FC7A92730007CB33055" style="OLC">
<paragraph id="HCE70BB2EC5AA4D2E8161E0A89B8B8306">
<enum>
(33)
</enum>
<header>
Secretary
</header>
<text>
Unless where the context otherwise requires, the term
<term>
Secretary
</term>
—
</text>
<subparagraph commented="no" id="H6E599296777A44D6BCFC4180D19A4BDD">
<enum>
(A)
</enum>
<text>
used in title I, III, IV, V, VI, or chapter 2 of title VII, means the Secretary of Education; and
</text>
</subparagraph>
<subparagraph id="HF5D2116F70C34C96921533B830649AE9">
<enum>
(B)
</enum>
<text>
used in title II or chapter 1 of title VII, means the Secretary of Health and Human Services.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HC0F28A9E14924957BF0F010B0E3ECCF8">
<enum>
(20)
</enum>
<text>
by striking paragraphs (35) and (36), as redesignated by paragraph (17), and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7EDD37B5C24F41B0B02640D4E7706EFD" style="OLC">
<paragraph commented="no" display-inline="no-display-inline" id="H0B040A93069743188BBF088F2E45289B">
<enum>
(35)
</enum>
<header display-inline="yes-display-inline">
State workforce development board
</header>
<text display-inline="yes-display-inline">
The term
<quote>
State workforce development board
</quote>
means a State board, as defined in section 3 of the Workforce Innovation and Opportunity Act.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HD49B08FC7DA24C009F857DABA7354C46">
<enum>
(36)
</enum>
<header display-inline="yes-display-inline">
Statewide workforce development system
</header>
<text display-inline="yes-display-inline">
The term
<quote>
statewide workforce development system
</quote>
means a workforce development system, as defined in section 3 of the Workforce Innovation and Opportunity Act.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H9FBD66DF934F4F60912C770D97DC8C39">
<enum>
(21)
</enum>
<text>
by inserting after that paragraph (36) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H219D913EC7C243E4B2823D98C3845B0C" style="OLC">
<paragraph id="H255B856B7AE749D7AE1854CA12DAB033">
<enum>
(37)
</enum>
<header>
Student with a disability
</header>
<subparagraph id="H278094D80DCE430CB4EB4FAE96FDE5FF">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The term
<term>
student with a disability
</term>
means an individual with a disability who—
</text>
<clause id="H4366EF897C014751B2F91F5FC2D28FE4">
<enum>
(i)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H6D457E27DC5A4015BDF74B5D3A4A2E80">
<enum>
(I)
</enum>
<item commented="no" display-inline="yes-display-inline" id="HD6CF0AB6301243BD86958773A1BB4806">
<enum>
(aa)
</enum>
<text>
is not younger than the earliest age for the provision of transition services under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1414">
20 U.S.C. 1414(d)(1)(A)(i)(VIII)
</external-xref>
); or
</text>
</item>
<item commented="no" id="HE9073948A0144B9382DCD8CB31E687AB" indent="up2">
<enum>
(bb)
</enum>
<text>
if the State involved elects to use a lower minimum age for receipt of pre-employment transition services under this Act, is not younger than that minimum age; and
</text>
</item>
</subclause>
<subclause id="HC1833B6392064852B669292C45F156D4" indent="up1">
<enum>
(II)
</enum>
<item commented="no" display-inline="yes-display-inline" id="H686BE7510BDB4459A7C2AEED264840E2">
<enum>
(aa)
</enum>
<text>
is not older than 21 years of age; or
</text>
</item>
<item id="H468E978974BF4D8898B32A27D088259C" indent="up1">
<enum>
(bb)
</enum>
<text>
if the State law for the State provides for a higher maximum age for receipt of services under the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1400">
20 U.S.C. 1400 et seq.
</external-xref>
), is not older than that maximum age; and
</text>
</item>
</subclause>
</clause>
<clause id="H6E85A8BA904F41699B94D15130576EB6">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H9A52D086D0004BAD8730103BDF3DDD44">
<enum>
(I)
</enum>
<text>
is eligible for, and receiving, special education or related services under part B of the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1411">
20 U.S.C. 1411 et seq.
</external-xref>
); or
</text>
</subclause>
<subclause id="H8B128F114F344D1A97EC42B2108381E3" indent="up1">
<enum>
(II)
</enum>
<text>
is an individual with a disability, for purposes of section 504.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H569040DA0AF248D58C7F48A11A051F95">
<enum>
(B)
</enum>
<header>
Students with disabilities
</header>
<text>
The term
<term>
students with disabilities
</term>
means more than 1 student with a disability.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HAE97D9E75B694EEAA2732B6D1AC6AACA">
<enum>
(22)
</enum>
<text>
by striking paragraphs (38) and (39), as redesignated by paragraph (17), and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2E5AF8A1F1AA424A9F66E1BA37446266" style="OLC">
<paragraph id="H3C860887248444DAA0EFE382D53FF851">
<enum>
(38)
</enum>
<header>
Supported employment
</header>
<text>
The term
<term>
supported employment
</term>
means competitive integrated employment, including customized employment, or employment in an integrated work setting in which individuals are working on a short-term basis toward competitive integrated employment, that is individualized and customized consistent with the strengths, abilities, interests, and informed choice of the individuals involved, for individuals with the most significant disabilities—
</text>
<subparagraph id="HD35181F30DAF442EA64F98F7D56A0655">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H715E9E8FF0D34D8D8D2F58C1F290D9E4">
<enum>
(i)
</enum>
<text>
for whom competitive integrated employment has not historically occurred; or
</text>
</clause>
<clause id="HDC41DC685CE84901911FE6DEA4A7C71C" indent="up1">
<enum>
(ii)
</enum>
<text>
for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability; and
</text>
</clause>
</subparagraph>
<subparagraph id="H2DC7A897ED4849E082941A649910E5EC">
<enum>
(B)
</enum>
<text>
who, because of the nature and severity of their disability, need intensive supported employment services and extended services after the transition described in paragraph (13)(C), in order to perform the work involved.
</text>
</subparagraph>
</paragraph>
<paragraph id="H30E417686BE2492096D758958E99C42D">
<enum>
(39)
</enum>
<header>
Supported employment services
</header>
<text>
The term
<term>
supported employment services
</term>
means ongoing support services, including customized employment, needed to support and maintain an individual with a most significant disability in supported employment, that—
</text>
<subparagraph id="HE66B42B235C74F4C8288957751AF8D21">
<enum>
(A)
</enum>
<text>
are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual to achieve competitive integrated employment;
</text>
</subparagraph>
<subparagraph id="H3BF8FBFAFE4D42F0B9FF4335956FB642">
<enum>
(B)
</enum>
<text>
are based on a determination of the needs of an eligible individual, as specified in an individualized plan for employment; and
</text>
</subparagraph>
<subparagraph id="HD4E5A5EDB411473A90AF0E96BB3D2136">
<enum>
(C)
</enum>
<text>
are provided by the designated State unit for a period of not more than 24 months, except that period may be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for employment.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H7C44F8975BF04AB2AD45213374C1B462">
<enum>
(23)
</enum>
<text>
in paragraph (41), as redesignated by paragraph (17), by striking
<quote>
as defined in section 101 of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
as defined in section 3 of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</paragraph>
<paragraph id="HFA6112AF2FC549CABE56025EC51B9925">
<enum>
(24)
</enum>
<text>
by inserting after paragraph (41), as redesignated by paragraph (17), the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE5F031FB99554186BAF6AFF904B885FC" style="OLC">
<paragraph id="H6F0778B4A28B4ADF9B86785BBCB72F14">
<enum>
(42)
</enum>
<header>
Youth with a disability
</header>
<subparagraph id="HBF241AA75EF247B8BA69E93CB634442C">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The term
<term>
youth with a disability
</term>
means an individual with a disability who—
</text>
<clause id="HED95D05A6CB74D98B7C3E32860482438">
<enum>
(i)
</enum>
<text>
is not younger than 14 years of age; and
</text>
</clause>
<clause id="H83FD30565922472E86EDAFFF9418CD46">
<enum>
(ii)
</enum>
<text>
is not older than 24 years of age.
</text>
</clause>
</subparagraph>
<subparagraph id="H661A75CAB1D9423D8A008596748B8F96">
<enum>
(B)
</enum>
<header>
Youth with disabilities
</header>
<text>
The term
<term>
youth with disabilities
</term>
means more than 1 youth with a disability.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H3CA8F3F6C4F142089A1F95D56F994468">
<enum>
405.
</enum>
<header>
Administration of the Act
</header>
<subsection id="HCEB731D228BB44CB9ECE309A9E7F96AA">
<enum>
(a)
</enum>
<header>
Promulgation
</header>
<text>
Section 8(a)(2) (
<external-xref legal-doc="usc" parsable-cite="usc/29/706">
29 U.S.C. 706(a)(2)
</external-xref>
) is amended by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
.
</text>
</subsection>
<subsection id="H99A73F42AB1D4EE7806150F413182E5A">
<enum>
(b)
</enum>
<header>
Privacy
</header>
<text>
Section 11 (
<external-xref legal-doc="usc" parsable-cite="usc/29/708">
29 U.S.C. 708
</external-xref>
) is amended—
</text>
<paragraph id="HDC97D4251343490D8868877555947388">
<enum>
(1)
</enum>
<text>
by inserting
<quote>
(a)
</quote>
before
<quote>
The provisions
</quote>
; and
</text>
</paragraph>
<paragraph id="H09849C3016F949E4B09AE2C20063192B">
<enum>
(2)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H54CEA4F4058645C69502CA88A47AD48B" style="OLC">
<subsection id="H8DF5EC4F20BB4EE1A3B6EB812BB7F1DF">
<enum>
(b)
</enum>
<text>
Section 501 of the Workforce Innovation and Opportunity Act shall apply, as specified in that section, to amendments to this Act that were made by the Workforce Innovation and Opportunity Act.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H6D27249508E8439D940B9187F4A1F9C1">
<enum>
(c)
</enum>
<header>
Administration
</header>
<text>
Section 12 (
<external-xref legal-doc="usc" parsable-cite="usc/29/709">
29 U.S.C. 709
</external-xref>
) is amended—
</text>
<paragraph id="H2D89D64D769A4780BB3F46F1CCE4AB2D">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="H0D20ACB106AA4E09B8B2018B1E6563BA">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="H3F757EE33E8E49B4B9DCD7DABEB7AE6D">
<enum>
(i)
</enum>
<text>
by striking
<quote>
(1)
</quote>
and inserting
<quote>
(1)(A)
</quote>
; and
</text>
</clause>
<clause id="H183E324F4A1C45F7AFBFEEB02C3DA391">
<enum>
(ii)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1635D4AAD160490F9E518B28026EDC40" style="OLC">
<subparagraph id="HA7EA78C5EAA047428F857E7418226923">
<enum>
(B)
</enum>
<text>
provide technical assistance to the designated State units on developing successful partnerships with local and multi-State businesses in an effort to increase the employment of individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="H810E95CD2FF14454BFDC9216E09713E5">
<enum>
(C)
</enum>
<text>
provide technical assistance to providers and organizations on developing self-employment opportunities and outcomes for individuals with disabilities; and
</text>
</subparagraph>
<subparagraph id="HB18577C1719444B4A8729E2ED1D8345D">
<enum>
(D)
</enum>
<text>
provide technical assistance to entities carrying out community rehabilitation programs to build their internal capacity to provide individualized services and supports leading to competitive integrated employment, and to transition individuals with disabilities away from nonintegrated settings;
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HDD05B1FD3D7046B2A717375A160D62C5">
<enum>
(B)
</enum>
<text>
in paragraph (2), by striking
<quote>
, centers for independent living,
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H6465A98BA35F418ABA34158C41B0A1BE">
<enum>
(2)
</enum>
<text>
in subsection (c), by striking
<quote>
Commissioner
</quote>
the first place it appears and inserting
<quote>
Secretary of Education
</quote>
;
</text>
</paragraph>
<paragraph id="H01E88CE47EEC4CBA8A5A733E2424EA85">
<enum>
(3)
</enum>
<text>
in subsection (d), by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
;
</text>
</paragraph>
<paragraph id="HC4DC70D91DF540CB98E88A9DEAAA949F">
<enum>
(4)
</enum>
<text>
in subsection (e)—
</text>
<subparagraph id="H85937D69A7054A07A96426A90C9FF333">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Rehabilitation Act Amendments of 1998
</quote>
each place it appears and inserting
<quote>
Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H337EC1516E4D42EB80B59B30033CAB5F">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H3A49A0009325410AA68B621D7A0D51B8">
<enum>
(5)
</enum>
<text>
in subsection (f), by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
;
</text>
</paragraph>
<paragraph id="HDBA8AB2B6290486FAF1E1AEBF1AAB8E8">
<enum>
(6)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H201482BCA53142418E694CF44A5761C6">
<enum>
(A)
</enum>
<text>
in subsection (c), by striking
<quote>
(c)
</quote>
and inserting
<quote>
(c)(1)
</quote>
;
</text>
</subparagraph>
<subparagraph id="HF4BD3E1A19924398A104D76B21ED2560" indent="up1">
<enum>
(B)
</enum>
<text>
in subsection (d), by striking
<quote>
(d)
</quote>
and inserting
<quote>
(d)(1)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H3FE07C68897742779C15F7B549F34ED7" indent="up1">
<enum>
(C)
</enum>
<text>
in subsection (e), by striking
<quote>
(e)
</quote>
and inserting
<quote>
(2)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H94C9DBF002704636A00CDC38DE9D002F" indent="up1">
<enum>
(D)
</enum>
<text>
in subsection (f), by striking
<quote>
(f)
</quote>
and inserting
<quote>
(2)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HDFE180B6E72B4709A47F5E8537C5CEC0" indent="up1">
<enum>
(E)
</enum>
<text>
by moving paragraph (2) (as redesignated by subparagraph (D)) to the end of subsection (c); and
</text>
</subparagraph>
</paragraph>
<paragraph id="H50ECC3C0886C491CAFAE2FBD6C2C04CC">
<enum>
(7)
</enum>
<text>
by inserting after subsection (d) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC7ED4034DDBA46A2A3E4E8EE70ADE7D5" style="OLC">
<subsection id="H1D9EE36EE9C8465FA64D19DC7CA6C6B1">
<enum>
(e)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="HC067ECFA44BB4C75B76F466606E01BFC">
<enum>
(1)
</enum>
<text>
The Administrator of the Administration for Community Living (referred to in this subsection as the
<quote>
Administrator
</quote>
) may carry out the authorities and shall carry out the responsibilities of the Commissioner described in paragraphs (1)(A) and (2) through (4) of subsection (a), and subsection (b), except that, for purposes of applying subsections (a) and (b), a reference in those subsections—
</text>
<subparagraph id="HB71C6C8BE3AC451B80542C1A93D10AF2" indent="up1">
<enum>
(A)
</enum>
<text>
to facilitating meaningful and effective participation shall be considered to be a reference to facilitating meaningful and effective collaboration with independent living programs, and promoting a philosophy of independent living for individuals with disabilities in community activities; and
</text>
</subparagraph>
<subparagraph id="H7FC3277C4FF24600B5463D12FF641C27" indent="up1">
<enum>
(B)
</enum>
<text>
to training for personnel shall be considered to be a reference to training for the personnel of centers for independent living and Statewide Independent Living Councils.
</text>
</subparagraph>
</paragraph>
<paragraph id="HBBB264FC78424A2C877600F986389B13" indent="up1">
<enum>
(2)
</enum>
<text>
The Secretary of Health and Human Services may carry out the authorities and shall carry out the responsibilities of the Secretary of Education described in subsections (c) and (d).
</text>
</paragraph>
</subsection>
<subsection id="H708DDE6F96564DDBAA636F11A4F36507">
<enum>
(f)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="HD04C5F583F5343B4A1BC9D21839E3CD8">
<enum>
(1)
</enum>
<text>
In subsections (a) through (d), a reference to
<quote>
this Act
</quote>
means a provision of this Act that the Secretary of Education has authority to carry out; and
</text>
</paragraph>
<paragraph id="H400AE5477FFC430D8071CF678C643F82" indent="up1">
<enum>
(2)
</enum>
<text>
In subsection (e), for purposes of applying subsections (a) through (d), a reference in those subsections to
<quote>
this Act
</quote>
means a provision of this Act that the Secretary of Health and Human Services has authority to carry out.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
<section id="H436CF4CF38B34868B9E4ACBA078C8220">
<enum>
406.
</enum>
<header>
Reports
</header>
<text display-inline="no-display-inline">
Section 13 (
<external-xref legal-doc="usc" parsable-cite="usc/29/710">
29 U.S.C. 710
</external-xref>
) is amended—
</text>
<paragraph id="HDB74107707804F12AD3B6CAD8416F62D">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in section (c)—
</text>
<subparagraph id="H9F018CCD4B264FD681AFB39069F12E45">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
(c)
</quote>
and inserting
<quote>
(c)(1)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H9DA9CF9847444A418934CFD49895436F">
<enum>
(B)
</enum>
<text>
in the second sentence, by striking
<quote>
section 136(d) of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
section 116(d)(2) of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H1903F89DAF8749CBB910F025F18EEF51">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H8BA78607841A43EF8E28307128891D67" style="OLC">
<subsection id="H91DAF7093F6F4C2B8C102B90FFE8C552">
<enum>
(d)
</enum>
<text>
The Commissioner shall ensure that the report described in this section is made publicly available in a timely manner, including through electronic means, in order to inform the public about the administration and performance of programs under this Act.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H1303139753DB4FF3A1F574D5FDEE1352">
<enum>
407.
</enum>
<header>
Evaluation and information
</header>
<subsection id="H0D486A67025C461181554C1BE14C5962">
<enum>
(a)
</enum>
<header>
Evaluation
</header>
<text>
Section 14 (
<external-xref legal-doc="usc" parsable-cite="usc/29/711">
29 U.S.C. 711
</external-xref>
) is amended—
</text>
<paragraph id="H7311AD95F70E4BCFAFEB6A2A00B62408">
<enum>
(1)
</enum>
<text>
by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
each place it appears;
</text>
</paragraph>
<paragraph id="H07F963EFBEBB48D78A94607E72952947">
<enum>
(2)
</enum>
<text>
in subsection (f)(2), by inserting
<quote>
competitive
</quote>
before
<quote>
integrated employment
</quote>
;
</text>
</paragraph>
<paragraph id="H7E46481EB41C40FCA229AB7BDECAE7D5">
<enum>
(3)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H2642B22C204D4C4EADE62833561E44C9">
<enum>
(A)
</enum>
<text>
in subsection (b), by striking
<quote>
(b)
</quote>
and inserting
<quote>
(b)(1)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H6A2E6E03CEAA4424A0CE18E1E3A43880" indent="up1">
<enum>
(B)
</enum>
<text>
in subsection (c), by striking
<quote>
(c)
</quote>
and inserting
<quote>
(2)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H0E2785C475E847B0B6A91826D0F0E569" indent="up1">
<enum>
(C)
</enum>
<text>
in subsection (d), by striking
<quote>
(d)
</quote>
and inserting
<quote>
(3)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HB82FC9E244B945B9B51800D7BCCD9BF6" indent="up1">
<enum>
(D)
</enum>
<text>
by redesignating subsections (e) and (f) as subsections (c) and (d), respectively;
</text>
</subparagraph>
</paragraph>
<paragraph id="H26DE5AF5A6D74F94ADAEB0E66F3000ED">
<enum>
(4)
</enum>
<text>
by inserting after subsection (d), as redesignated by paragraph (3)(D), the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2C233D8BE26F4843A80D66E7AD2AFC18" style="OLC">
<subsection id="H1C3CD501AC91497E831DC16EF440E4D2">
<enum>
(e)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="H8FB314EB7808471AA858CF9DB9A4BD7B">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
The Secretary of Health and Human Services may carry out the authorities and shall carry out the responsibilities of the Secretary of Education described in subsections (a) and (b).
</text>
</paragraph>
<paragraph id="H6DF0F6383D9240718484A8B5CF4A6FFB" indent="up1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
The Administrator of the Administration for Community Living may carry out the authorities and shall carry out the responsibilities of the Commissioner described in subsections (a) and (d)(1), except that, for purposes of applying those subsections, a reference in those subsections to exemplary practices shall be considered to be a reference to exemplary practices concerning independent living services and centers for independent living.
</text>
</paragraph>
</subsection>
<subsection id="H8B4B58A6EE2A4A9781AF4821135E87F0">
<enum>
(f)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="H9C029F95DBD348F9BCEBB875464C1637">
<enum>
(1)
</enum>
<text>
In subsections (a) through (d), a reference to
<quote>
this Act
</quote>
means a provision of this Act that the Secretary of Education has authority to carry out; and
</text>
</paragraph>
<paragraph id="HA345CB47EFF14F73A6364C5DFF480694" indent="up1">
<enum>
(2)
</enum>
<text>
In subsection (e), for purposes of applying subsections (a), (b), and (d), a reference in those subsections to
<quote>
this Act
</quote>
means a provision of this Act that the Secretary of Health and Human Services has authority to carry out.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H817CDFB48651461CA2242CE06B939E0A">
<enum>
(b)
</enum>
<header>
Information
</header>
<text>
Section 15 (
<external-xref legal-doc="usc" parsable-cite="usc/29/712">
29 U.S.C. 712
</external-xref>
) is amended—
</text>
<paragraph id="HAC62C1C30892418C99FF0059C37B9113">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="HFEF2282E26944A488824113CED086104">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
of Education
</quote>
after
<quote>
Secretary
</quote>
each place it appears; and
</text>
</subparagraph>
<subparagraph id="HB2F1721C8752440DABEFA32BFF38CE47">
<enum>
(B)
</enum>
<text>
in paragraph (1), by striking
<quote>
State workforce investment boards
</quote>
and inserting
<quote>
State workforce development boards
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H85D8DAE044004092AE9F99300C07036D">
<enum>
(2)
</enum>
<text>
in subsection (b), by striking
<quote>
Secretary
</quote>
and inserting
<quote>
Secretary of Education
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section id="HC81C32D9FFD34360A769EC0697BF9B17">
<enum>
408.
</enum>
<header>
Carryover
</header>
<text display-inline="no-display-inline">
Section 19(a)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/29/716">
29 U.S.C. 716(a)(1)
</external-xref>
) is amended by striking
<quote>
part B of title VI
</quote>
and inserting
<quote>
title VI
</quote>
.
</text>
</section>
<section id="H00AA0FB6174642CC8759570B1B766B2A">
<enum>
409.
</enum>
<header>
Traditionally underserved populations
</header>
<text display-inline="no-display-inline">
Section 21 (
<external-xref legal-doc="usc" parsable-cite="usc/29/718">
29 U.S.C. 718
</external-xref>
) is amended—
</text>
<paragraph id="H06754833D5254E6DBC1332E20F21DAA7">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="H9B230A69E9284250B2344458AB6C7994">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="H32ACD7D1B96E468687832527019A093D">
<enum>
(i)
</enum>
<text>
in the first sentence, by striking
<quote>
racial
</quote>
and inserting
<quote>
demographic
</quote>
;
</text>
</clause>
<clause id="HA22ACC1F64F5442B9DC1921CE034DC76">
<enum>
(ii)
</enum>
<text>
in the second sentence—
</text>
<subclause id="H93356073EF6C407CBCD155D50F0261D8">
<enum>
(I)
</enum>
<text>
by striking
<quote>
rate of increase
</quote>
the first place it appears and inserting
<quote>
percentage increase from 2000 to 2010
</quote>
;
</text>
</subclause>
<subclause id="HDEA92D9156EE4DABAC3E7B3BD830D90E">
<enum>
(II)
</enum>
<text>
by striking
<quote>
is 3.2
</quote>
and inserting
<quote>
was 9.7
</quote>
;
</text>
</subclause>
<subclause id="H6C0932E2201B4311865DF6E744299666">
<enum>
(III)
</enum>
<text>
by striking
<quote>
rate of increase
</quote>
and inserting
<quote>
percentage increase
</quote>
;
</text>
</subclause>
<subclause id="H6704093A16314F838C83DEA620ED851D">
<enum>
(IV)
</enum>
<text>
by striking
<quote>
is much
</quote>
and inserting
<quote>
was much
</quote>
;
</text>
</subclause>
<subclause id="H353982021B824DBC891DCE08F4A7C9D0">
<enum>
(V)
</enum>
<text>
by striking
<quote>
38.6
</quote>
and inserting
<quote>
43.0
</quote>
;
</text>
</subclause>
<subclause id="H30D08437E7B74A06BE2ADA25E746805C">
<enum>
(VI)
</enum>
<text>
by striking
<quote>
14.6
</quote>
and inserting
<quote>
12.3
</quote>
;
</text>
</subclause>
<subclause id="HA106C884AC604F2E96E76052496665CA">
<enum>
(VII)
</enum>
<text>
by striking
<quote>
40.1
</quote>
and inserting
<quote>
43.2
</quote>
; and
</text>
</subclause>
<subclause id="HCF9DB0D9A1E9453AB273EF7BA7BCF7DA">
<enum>
(VIII)
</enum>
<text>
by striking
<quote>
and other ethnic groups
</quote>
; and
</text>
</subclause>
</clause>
<clause id="H327677BEE5B94E2B81DF60089C6FB61B">
<enum>
(iii)
</enum>
<text>
by striking the last sentence; and
</text>
</clause>
</subparagraph>
<subparagraph id="H8A336962EAB44556BC786B0E0CF75217">
<enum>
(B)
</enum>
<text>
in paragraph (2), by striking the second and third sentences and inserting the following: “In 2011—
</text>
<quoted-block display-inline="no-display-inline" id="H832492ACA6F24C6C8923617D1F13028C" style="OLC">
<subparagraph id="H0CDF24E84AE846EF92A64FFC273B9D48">
<enum>
(A)
</enum>
<text>
among Americans ages 16 through 64, the rate of disability was 12.1 percent;
</text>
</subparagraph>
<subparagraph id="H85529234165445E39C01F164F09E6F68">
<enum>
(B)
</enum>
<text>
among African-Americans in that age range, the disability rate was more than twice as high, at 27.1 percent; and
</text>
</subparagraph>
<subparagraph id="HD3B7EC4C6C1B4EC1AF7B63931CC62EE2">
<enum>
(C)
</enum>
<text>
for American Indians and Alaska Natives in the same age range, the disability rate was also more than twice as high, at 27.0 percent.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HA159B8A727E54DCF9FA3DB48ADF1AB42">
<enum>
(2)
</enum>
<text>
in subsection (b)(1), by striking
<quote>
National Institute on Disability and Rehabilitation Research
</quote>
and inserting
<quote>
National Institute on Disability, Independent Living, and Rehabilitation Research
</quote>
; and
</text>
</paragraph>
<paragraph id="HDB27FE79F8324D5BB2DBCADE5CCB11DC">
<enum>
(3)
</enum>
<text>
in subsection (c), by striking
<quote>
Director
</quote>
and inserting
<quote>
Director of the National Institute on Disability, Independent Living, and Rehabilitation Research
</quote>
.
</text>
</paragraph>
</section>
</subtitle>
<subtitle id="HD8ABA3C710944944BEF0E5691F2FCBAB">
<enum>
B
</enum>
<header>
Vocational rehabilitation services
</header>
<section id="HBEDCE42EB4C34BF19110D7B610C4919B">
<enum>
411.
</enum>
<header>
Declaration of policy; authorization of appropriations
</header>
<subsection id="HB9B77B4B99854280852E90957082CBA5">
<enum>
(a)
</enum>
<header>
Findings; purpose; policy
</header>
<text>
Section 100(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720(a)
</external-xref>
) is amended—
</text>
<paragraph id="H6C647C95729F43FCB5644C4321384205">
<enum>
(1)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="H2A178DB3C3964151A70BAB1ABEA0AB3C">
<enum>
(A)
</enum>
<text>
in subparagraph (C), by striking
<quote>
integrated
</quote>
and inserting
<quote>
competitive integrated employment
</quote>
;
</text>
</subparagraph>
<subparagraph id="H00BDD36308EA46A289789CA740AB62E7">
<enum>
(B)
</enum>
<text>
in subparagraph (D)(iii), by striking
<quote>
medicare and medicaid
</quote>
and inserting
<quote>
Medicare and Medicaid
</quote>
;
</text>
</subparagraph>
<subparagraph id="H779D628396224A00ACFE4683DF868636">
<enum>
(C)
</enum>
<text>
in subparagraph (F), by striking
<quote>
investment
</quote>
and inserting
<quote>
development
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H5E3D8D7A7C8343A3B805CBD539272F25">
<enum>
(D)
</enum>
<text>
in subparagraph (G)—
</text>
<clause id="HBB1236A1839E4C68834D89816877F533">
<enum>
(i)
</enum>
<text>
by striking
<quote>
workforce investment systems
</quote>
and inserting
<quote>
workforce development systems
</quote>
; and
</text>
</clause>
<clause id="H05F8129B21954C9D999A84FACAD8FABA">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
workforce investment activities
</quote>
and inserting
<quote>
workforce development activities
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HE3FCA16BDCCB438FBFB4CFCDE23C34C3">
<enum>
(2)
</enum>
<text>
in paragraph (2)—
</text>
<subparagraph id="HD684B44FEE0940EFA181D61965CDEA2C">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HADDBF512335647A3BB25EC7C3196C605">
<enum>
(B)
</enum>
<text>
in subparagraph (B), by striking
<quote>
and informed choice,
</quote>
and inserting
<quote>
informed choice, and economic self-sufficiency,
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H078B8F7C5D034B99B2DE99D4672B75EF">
<enum>
(3)
</enum>
<text>
in paragraph (3)—
</text>
<subparagraph id="HD6D4E90A615B4980B538BCF66A847E0D">
<enum>
(A)
</enum>
<text>
in subparagraph (B), by striking
<quote>
gainful employment in integrated settings
</quote>
and inserting
<quote>
competitive integrated employment
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H253F9B5A97C3445EB8039DAEEAA90B1E">
<enum>
(B)
</enum>
<text>
in subparagraph (E), by inserting
<quote>
should
</quote>
before
<quote>
facilitate
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H6E990294420148ADAAA9125DB7C68D54">
<enum>
(b)
</enum>
<header>
Authorization of appropriations
</header>
<text>
Section 100(b)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720(b)(1)
</external-xref>
) is amended by striking
<quote>
such sums as may be necessary for fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$3,302,053,000 for each of the fiscal years 2015 through 2020
</quote>
.
</text>
</subsection>
</section>
<section id="HA32A0A31E983459CBCDE8A0589962A79">
<enum>
412.
</enum>
<header>
State plans
</header>
<subsection id="H02808ADE3BE74502AE5366B07C722DA1">
<enum>
(a)
</enum>
<header>
Plan requirements
</header>
<text>
Section 101(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(a)
</external-xref>
) is amended—
</text>
<paragraph id="H2AD44915AAE64330BF87CD80E83EDA5C">
<enum>
(1)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="HB4EE55BE9A9D4ECD809A22498FBC0E5F">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
to participate
</quote>
and all that follows and inserting
<quote>
to receive funds under this title for a fiscal year, a State shall submit, and have approved by the Secretary and the Secretary of Labor, a unified State plan in accordance with section 102, or a combined State plan in accordance with section 103, of the Workforce Innovation and Opportunity Act. The unified or combined State plan shall include, in the portion of the plan described in section 102(b)(2)(D) of such Act (referred to in this subsection as the
<quote>
vocational rehabilitation services portion
</quote>
), the provisions of a State plan for vocational rehabilitation services, described in this subsection.
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H81A02BA30E8B45DE97051298CFAAFB65">
<enum>
(B)
</enum>
<text>
in subparagraph (B)—
</text>
<clause id="HB54425F72F794830BA500603EE025EBA">
<enum>
(i)
</enum>
<text>
by striking
<quote>
in the State plan for vocational rehabilitation services,
</quote>
and inserting
<quote>
as part of the vocational rehabilitation services portion of the unified or combined State plan submitted in accordance with subparagraph (A),
</quote>
; and
</text>
</clause>
<clause id="HE243A5E722D04973A0A4231589173760">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
Rehabilitation Act Amendments of 1998
</quote>
and inserting
<quote>
Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="HABFA0E0141354F93BC5D8B3F17AB7244">
<enum>
(C)
</enum>
<text>
in subparagraph (C)—
</text>
<clause id="HAB1A80773C734CB38D421A1F7B826DD8">
<enum>
(i)
</enum>
<text>
by striking
<quote>
The State plan shall remain in effect subject to the submission of such modifications
</quote>
and inserting
<quote>
The vocational rehabilitation services portion of the unified or combined State plan submitted in accordance with subparagraph (A) shall remain in effect until the State submits and receives approval of a new State plan in accordance with subparagraph (A), or until the submission of such modifications
</quote>
; and
</text>
</clause>
<clause commented="no" id="H7BA456B2843B4ABF8EA400C2726F53FD">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
, until the State submits and receives approval of a new State plan
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HB7F89B07905640ADA51B04EEAAABA975">
<enum>
(2)
</enum>
<text>
in paragraph (2)—
</text>
<subparagraph id="HF29782E764BB42FAA8A26414B489898C">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
The State plan
</quote>
and inserting
<quote>
The State plan for vocational rehabilitation services
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H930BE999E733475EB042723366A0CB0A">
<enum>
(B)
</enum>
<text>
in subparagraph (B)(ii)—
</text>
<clause id="H2CA34490F5A948648AB1DE4784CF3945">
<enum>
(i)
</enum>
<text>
in subclause (II), by inserting
<quote>
who is responsible for the day-to-day operation of the vocational rehabilitation program
</quote>
before the semicolon;
</text>
</clause>
<clause id="H63DCBA298A5847E1B7CD3E00645B2A0D">
<enum>
(ii)
</enum>
<text>
in subclause (III), by striking
<quote>
and
</quote>
at the end;
</text>
</clause>
<clause id="H2A6EB7E8DEBF4C0E919E3F7B576A67BF">
<enum>
(iii)
</enum>
<text>
in subclause (IV), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</clause>
<clause id="H52984F56709742F7BE0B30C14EB7976E">
<enum>
(iv)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3E5BC789158B4C5D90013EA4D9A92306" style="OLC">
<subclause id="HC56E841A19CD40CB9119A07FA81A2D8A">
<enum>
(V)
</enum>
<text>
has the sole authority and responsibility within the designated State agency described in subparagraph (A) to expend funds made available under this title in a manner that is consistent with the purposes of this title.
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HB6954580CEA94DF497D8E7DD0CFD576C">
<enum>
(3)
</enum>
<text>
in paragraph (5)—
</text>
<subparagraph id="H97E3FE1BA91F45CDB6BC82131B5DB82C">
<enum>
(A)
</enum>
<text>
in subparagraph (C), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="H76185B9B74D34769B98B4EB719922C59">
<enum>
(B)
</enum>
<text>
by redesignating subparagraph (D) as subparagraph (E); and
</text>
</subparagraph>
<subparagraph id="H489A53130DCB4B3A930C783A639F6970">
<enum>
(C)
</enum>
<text>
by inserting after subparagraph (C) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H25D05057201A4B319B350424B011F86E" style="OLC">
<subparagraph id="H21C8CF0DCE5D4FBA875CE65005C37632">
<enum>
(D)
</enum>
<text>
notwithstanding subparagraph (C), permit the State, in its discretion, to elect to serve eligible individuals (whether or not receiving vocational rehabilitation services) who require specific services or equipment to maintain employment; and
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HF8D57ED2A5D647D3BFF5EF2E3A2FADD3">
<enum>
(4)
</enum>
<text>
in paragraph (7)—
</text>
<subparagraph id="H3AD0C80028164E068D60E450BCC8D5CA">
<enum>
(A)
</enum>
<text>
in subparagraph (A)(v)—
</text>
<clause id="H32FEA197061549DD9B50F0BAE62F109B">
<enum>
(i)
</enum>
<text>
in subclause (I), after
<quote>
rehabilitation technology
</quote>
insert the following:
<quote>
, including training implemented in coordination with entities carrying out State programs under section 4 of the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3003">
29 U.S.C. 3003
</external-xref>
)
</quote>
; and
</text>
</clause>
<clause id="HEC6E6567BFFF4EFB8688587962C8B2AE">
<enum>
(ii)
</enum>
<text>
in subclause (II), by striking
<quote>
Rehabilitation Act Amendments of 1998
</quote>
and inserting
<quote>
Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="HCA83B65467A0424CA87B5C7CDDF2C660">
<enum>
(B)
</enum>
<text>
in subparagraph (B), by striking clause (ii) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H225922EE11BB4B4C82FFB645EFEE288E" style="OLC">
<clause id="H63C833C3CC2F49C0A49C7841E1E111A0">
<enum>
(ii)
</enum>
<text>
the establishment and maintenance of education and experience requirements, to ensure that the personnel have a 21st century understanding of the evolving labor force and the needs of individuals with disabilities, including requirements for—
</text>
<subclause id="H94F1E25F25324844A90A9496CD0C0714">
<enum>
(I)
</enum>
<item commented="no" display-inline="yes-display-inline" id="HF93839E5911D4351851AE0F96322A6F5">
<enum>
(aa)
</enum>
<text>
attainment of a baccalaureate degree in a field of study reasonably related to vocational rehabilitation, to indicate a level of competency and skill demonstrating basic preparation in a field of study such as vocational rehabilitation counseling, social work, psychology, disability studies, business administration, human resources, special education, supported employment, customized employment, economics, or another field that reasonably prepares individuals to work with consumers and employers; and
</text>
</item>
<item id="H0F6046931DB3422E81D63F5B9CF9BA06" indent="up1">
<enum>
(bb)
</enum>
<text>
demonstrated paid or unpaid experience, for not less than 1 year, consisting of—
</text>
<subitem id="H2CB35FE9AB8240708D9026AB05799E8A">
<enum>
(AA)
</enum>
<text>
direct work with individuals with disabilities in a setting such as an independent living center;
</text>
</subitem>
<subitem id="H95DA4AE05E4C409B8167504DCBFD41E7">
<enum>
(BB)
</enum>
<text>
direct service or advocacy activities that provide such individual with experience and skills in working with individuals with disabilities; or
</text>
</subitem>
<subitem id="H0660BD48F38A4AF7BB2CA5F4C5A5056D">
<enum>
(CC)
</enum>
<text>
direct experience as an employer, as a small business owner or operator, or in self-employment, or other experience in human resources, recruitment, or experience in supervising employees, training, or other activities that provide experience in competitive integrated employment environments; or
</text>
</subitem>
</item>
</subclause>
<subclause id="H54CDB84FA7074EAC91580DECBB939F20">
<enum>
(II)
</enum>
<text>
attainment of a master's or doctoral degree in a field of study such as vocational rehabilitation counseling, law, social work, psychology, disability studies, business administration, human resources, special education, management, public administration, or another field that reasonably provides competence in the employment sector, in a disability field, or in both business-related and rehabilitation-related fields; and
</text>
</subclause>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HEB4E1C7D7E704E44ADF2F19BF98B4A41">
<enum>
(5)
</enum>
<text>
in paragraph (8)—
</text>
<subparagraph id="H1E140ED9D4274DF097CCD231746C076E">
<enum>
(A)
</enum>
<text>
in subparagraph (A)(i)—
</text>
<clause id="H100B93EAB9D94098AA776D3B78D81E2D">
<enum>
(i)
</enum>
<text>
by inserting
<quote>
an accommodation or auxiliary aid or service or
</quote>
after
<quote>
prior to providing
</quote>
; and
</text>
</clause>
<clause id="H044AAAAB081D4151966F816E5C462E0D">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
(5)(D)
</quote>
and inserting
<quote>
(5)(E)
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H50BEC92E2E534530AAAFC0CBA5B37C64">
<enum>
(B)
</enum>
<text>
in subparagraph (B)—
</text>
<clause id="H6D4CA3DF50C2437B8F9EA1B90F2A17A7">
<enum>
(i)
</enum>
<text>
in the matter preceding clause (i)—
</text>
<subclause id="HCDC9421D653A43CC9DD32B4D00EAD057">
<enum>
(I)
</enum>
<text>
by striking
<quote>
medicaid
</quote>
and inserting
<quote>
Medicaid
</quote>
;
</text>
</subclause>
<subclause id="HBA71F04BE3344152B920D791F7B9ACF3">
<enum>
(II)
</enum>
<text>
by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
;
</text>
</subclause>
<subclause id="H319B88EC08AB4900841A8B3C47509243">
<enum>
(III)
</enum>
<text>
by striking
<quote>
(5)(D)
</quote>
and inserting
<quote>
(5)(E)
</quote>
;
</text>
</subclause>
<subclause id="H8EFA48FD189948F5BFDBE34F08D226CD">
<enum>
(IV)
</enum>
<text>
by inserting
<quote>
and, if appropriate, accommodations or auxiliary aids and services,
</quote>
before
<quote>
that are included
</quote>
; and
</text>
</subclause>
<subclause id="H3C492BF5D0894FDEAB31E32E84F595D0">
<enum>
(V)
</enum>
<text>
by striking
<quote>
provision of such vocational rehabilitation services
</quote>
and inserting
<quote>
provision of such vocational rehabilitation services (including, if appropriate, accommodations or auxiliary aids and services)
</quote>
; and
</text>
</subclause>
</clause>
<clause commented="no" id="H11997F9A16874B5AA30B40C3849BDB0E">
<enum>
(ii)
</enum>
<text>
in clause (iv)—
</text>
<subclause commented="no" id="HBB46C500108248978012BA518A56AFB9">
<enum>
(I)
</enum>
<text>
by striking
<quote>
(5)(D)
</quote>
and inserting
<quote>
(5)(E)
</quote>
; and
</text>
</subclause>
<subclause commented="no" id="H4964F0D1B0FC469D80AA0453562EC195">
<enum>
(II)
</enum>
<text>
by inserting
<quote>
, and accommodations or auxiliary aids and services
</quote>
before the period; and
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H49285ADDD117461DA8DB51CFF9082954">
<enum>
(C)
</enum>
<text>
in subparagraph (C)(i), by striking
<quote>
(5)(D)
</quote>
and inserting
<quote>
(5)(E)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H37107102EBDA4CAE8B28798D6AF945F6">
<enum>
(6)
</enum>
<text>
in paragraph (10)—
</text>
<subparagraph id="H4C42F8DDB9F14632B75591491A0A36EC">
<enum>
(A)
</enum>
<text>
in subparagraph (B), by striking
<quote>
annual
</quote>
and all that follows through
<quote>
of 1998
</quote>
and inserting
<quote>
annual reporting of information, on eligible individuals receiving the services, that is necessary to assess the State's performance on the standards and indicators described in section 106(a)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H0433E34226DC4D379722C24593F50DAD">
<enum>
(B)
</enum>
<text>
in subparagraph (C)—
</text>
<clause id="H6FFF571828FC48179A6BA47D134FA04F">
<enum>
(i)
</enum>
<text>
in the matter preceding clause (i), by inserting
<quote>
, from each State,
</quote>
after
<quote>
additional data
</quote>
;
</text>
</clause>
<clause id="H3B44328EB6534E89844829991BB0939F">
<enum>
(ii)
</enum>
<text>
by striking clause (i) and inserting:
</text>
<quoted-block display-inline="no-display-inline" id="HC36417368C544FD7B45CA97FD2A32568" style="OLC">
<clause id="H704E0C56F6504B8E8772EBE5AF52F937">
<enum>
(i)
</enum>
<text>
the number of applicants and the number of individuals determined to be eligible or ineligible for the program carried out under this title, including the number of individuals determined to be ineligible (disaggregated by type of disability and age);
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HE3B44F908B314E90BEB985A354D7D630">
<enum>
(iii)
</enum>
<text>
in clause (ii)—
</text>
<subclause id="HB83CB9CC42704C0E953041D09EC606E0">
<enum>
(I)
</enum>
<text>
in subclause (I), by striking
<quote>
(5)(D)
</quote>
and inserting
<quote>
(5)(E)
</quote>
;
</text>
</subclause>
<subclause id="HA90F7049004B4B91BD33EE52002D2D7E">
<enum>
(II)
</enum>
<text>
in subclause (II), by striking
<quote>
and
</quote>
at the end; and
</text>
</subclause>
<subclause id="H8A1EB6EA612E49D7A6093CB5EE15036D">
<enum>
(III)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD6BA44557D4048519D190EC99C2C287D" style="OLC">
<subclause id="HE0939C32B01C4C2C96E25BEF5145C0AF">
<enum>
(IV)
</enum>
<text>
the number of individuals with open cases (disaggregated by those who are receiving training and those who are in postsecondary education), and the type of services the individuals are receiving (including supported employment);
</text>
</subclause>
<subclause id="HD74A20CD01134C5BAAD94AA4E970A63B">
<enum>
(V)
</enum>
<text>
the number of students with disabilities who are receiving pre-employment transition services under this title: and
</text>
</subclause>
<subclause id="H3ADCE60E450D4D6B9275E9F11012F4C7">
<enum>
(VI)
</enum>
<text>
the number of individuals referred to State vocational rehabilitation programs by one-stop operators (as defined in section 3 of the Workforce Innovation and Opportunity Act), and the number of individuals referred to such one-stop operators by State vocational rehabilitation programs;
</text>
</subclause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="H83FD64D3E2A14E05A0F6BF3F8D7950F7">
<enum>
(iv)
</enum>
<text>
in clause (iv)(I), by inserting before the semicolon the following:
<quote>
and, for those who achieved employment outcomes, the average length of time to obtain employment
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H90F498FE945844318F794119149B39A8">
<enum>
(C)
</enum>
<text>
in subparagraph (D)(i), by striking
<quote>
title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
title I of the Workforce Innovation and Opportunity Act
</quote>
;
</text>
</subparagraph>
<subparagraph id="H8733D9B1A181428D9A2F6330B9BEE19D">
<enum>
(D)
</enum>
<text>
in subparagraph (E)(ii), by striking
<quote>
of the State
</quote>
and all that follows and inserting
<quote>
of the State in meeting the standards and indicators established pursuant to section 106.
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HBDEEE26FD0284F44A2FC19B4F3C21D42">
<enum>
(E)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H44ED0DA31D5249CA9750358AB4AF7B4D" style="OLC">
<subparagraph id="HDB4330DBEEDE434EB4B84362E5E2F93C">
<enum>
(G)
</enum>
<header>
Rules for reporting of data
</header>
<text>
The disaggregation of data under this Act shall not be required within a category if the number of individuals in a category is insufficient to yield statistically reliable information, or if the results would reveal personally identifiable information about an individual.
</text>
</subparagraph>
<subparagraph id="H03E5BE30C0E54912B175F2CD86C08B69">
<enum>
(H)
</enum>
<header>
Comprehensive report
</header>
<text>
The State plan shall specify that the Commissioner will provide an annual comprehensive report that includes the reports and data required under this section, as well as a summary of the reports and data, for each fiscal year. The Commissioner shall submit the report to the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the Senate, not later than 90 days after the end of the fiscal year involved.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H3118A867CF564AA3BA62473EEA3F4B2B">
<enum>
(7)
</enum>
<text>
in paragraph (11)—
</text>
<subparagraph id="H5B038F1C79CD41AFA3D06793A4C9F726">
<enum>
(A)
</enum>
<text>
in subparagraph (A)—
</text>
<clause id="H17E64445475D48769F38C1062B6A7EE4">
<enum>
(i)
</enum>
<text>
in the subparagraph header, by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
workforce investment systems
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
workforce development systems
</header-in-text>
</quote>
;
</text>
</clause>
<clause id="HD56B52516C0A486BA4DAE50FA52EA3E1">
<enum>
(ii)
</enum>
<text>
in the matter preceding clause (i), by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
;
</text>
</clause>
<clause id="HA8D7744C92AD49D0824EA73ACB2FB8B4">
<enum>
(iii)
</enum>
<text>
in clause (i)(II)—
</text>
<subclause id="H0B0835D7E89F417894FF1DA003B77077">
<enum>
(I)
</enum>
<text>
by striking
<quote>
investment
</quote>
and inserting
<quote>
development
</quote>
; and
</text>
</subclause>
<subclause id="H9FC1E44CE9BA4A819343224BE2E4BA89">
<enum>
(II)
</enum>
<text>
by inserting
<quote>
(including programmatic accessibility and physical accessibility)
</quote>
after
<quote>
program accessibility
</quote>
;
</text>
</subclause>
</clause>
<clause id="H4BD9983B860441B69090BBCE8F812142">
<enum>
(iv)
</enum>
<text>
in clause (ii), by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
; and
</text>
</clause>
<clause id="H8284B1E43F6C472AA95DEDFBD697EEE9">
<enum>
(v)
</enum>
<text>
in clause (v), by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H1E8E524FE67B4C738CF0DA2E57F1531A">
<enum>
(B)
</enum>
<text>
in subparagraph (B), by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
;
</text>
</subparagraph>
<subparagraph id="H0BF479AE953D4EC98B178A458EF9B100">
<enum>
(C)
</enum>
<text>
in subparagraph (C)—
</text>
<clause id="H70B8925DAC1048F38DFF2573B016DE66">
<enum>
(i)
</enum>
<text>
by inserting
<quote>
the State programs carried out under section 4 of the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3003">
29 U.S.C. 3003
</external-xref>
),
</quote>
after
<quote>
including
</quote>
;
</text>
</clause>
<clause id="H8E64E5BC654F422E92CC1E002ACDB95D">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
, noneducational agencies serving out-of-school youth,
</quote>
after
<quote>
Agriculture
</quote>
; and
</text>
</clause>
<clause id="H7D04F7B0F93E4D838FA3B499EBA0962E">
<enum>
(iii)
</enum>
<text>
by striking
<quote>
such agencies and programs
</quote>
and inserting
<quote>
such Federal, State, and local agencies and programs
</quote>
; and
</text>
</clause>
<clause id="H95A847597A1B4909BDF5417C2085531D">
<enum>
(iv)
</enum>
<text>
by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HE610A1DD86E54114AC821049D6C956CB">
<enum>
(D)
</enum>
<text>
in subparagraph (D)—
</text>
<clause id="H12CFF9C176B143E3915DCBCBD3B7D580">
<enum>
(i)
</enum>
<text>
in the matter preceding clause (i), by inserting
<quote>
, including pre-employment transition services,
</quote>
before
<quote>
under this title
</quote>
;
</text>
</clause>
<clause id="HA919B45D27B64A83ABEF98F7C06F013A">
<enum>
(ii)
</enum>
<text>
in clause (i), by inserting
<quote>
, which may be provided using alternative means for meeting participation (such as video conferences and conference calls),
</quote>
after
<quote>
consultation and technical assistance
</quote>
; and
</text>
</clause>
<clause id="H01520BD4F248493EAE0031480B2117F8">
<enum>
(iii)
</enum>
<text>
in clause (ii), by striking
<quote>
completion
</quote>
and inserting
<quote>
implementation
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H6DC14B983790404F9ABE789F7AB7BA99">
<enum>
(E)
</enum>
<text>
by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (H), respectively;
</text>
</subparagraph>
<subparagraph id="HC107E07772AA4F42A3F4674DB0603519">
<enum>
(F)
</enum>
<text>
by inserting after subparagraph (D) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA66AB6495E2B486EA61381C3BB29A391" style="OLC">
<subparagraph id="H518CA58FCB9D4DF9843017F82C2A9093">
<enum>
(E)
</enum>
<header>
Coordination with employers
</header>
<text>
The State plan shall describe how the designated State unit will work with employers to identify competitive integrated employment opportunities and career exploration opportunities, in order to facilitate the provision of—
</text>
<clause id="HED90AEBE98A4487694FFA0914089AA55">
<enum>
(i)
</enum>
<text>
vocational rehabilitation services; and
</text>
</clause>
<clause id="H4CE086944355426080A7C3CC711FC8AB">
<enum>
(ii)
</enum>
<text>
transition services for youth with disabilities and students with disabilities, such as pre-employment transition services.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H821E2BEB3AD447D4BEAB5C89992DF122">
<enum>
(G)
</enum>
<text>
in subparagraph (F), as redesignated by subparagraph (E) of this paragraph—
</text>
<clause id="HAEC8B4507FE0436E90852CD5D2AB6F86">
<enum>
(i)
</enum>
<text>
by inserting
<quote>
chapter 1 of
</quote>
after
<quote>
part C of
</quote>
; and
</text>
</clause>
<clause id="H778170051558423D87AB5D411AD5EA35">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
, as appropriate
</quote>
before the period;
</text>
</clause>
</subparagraph>
<subparagraph id="HA89C2D0044D84B088FD41A3DF3920457">
<enum>
(H)
</enum>
<text>
by inserting after subparagraph (F), as redesignated by subparagraph (E) of this paragraph, the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6C44CE2B0B1840089947FF07E9A6C3F9" style="OLC">
<subparagraph id="H16046A77A1254C2ABC75993280A132BE">
<enum>
(G)
</enum>
<header>
Cooperative agreement regarding individuals eligible for home and community-based waiver programs
</header>
<text>
The State plan shall include an assurance that the designated State unit has entered into a formal cooperative agreement with the State agency responsible for administering the State Medicaid plan under title XIX of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1396">
42 U.S.C. 1396 et seq.
</external-xref>
) and the State agency with primary responsibility for providing services and supports for individuals with intellectual disabilities and individuals with developmental disabilities, with respect to the delivery of vocational rehabilitation services, including extended services, for individuals with the most significant disabilities who have been determined to be eligible for home and community-based services under a Medicaid waiver, Medicaid State plan amendment, or other authority related to a State Medicaid program.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H775C1441E00E47E0A91B50FE68213612">
<enum>
(I)
</enum>
<text>
in subparagraph (H), as redesignated by subparagraph (E) of this paragraph—
</text>
<clause id="H7A37BD34D4D241C3A3B549ED8237137C">
<enum>
(i)
</enum>
<text>
in clause (ii)—
</text>
<subclause id="HDAD551A9ED5642918930F1E3484CE474">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
on or
</quote>
before
<quote>
near
</quote>
; and
</text>
</subclause>
<subclause id="H8AF3FEA5F06F4462AF5E3A54305D613F">
<enum>
(II)
</enum>
<text>
by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
</clause>
<clause id="H1BA84B41CB414EB2A67D750234B557EA">
<enum>
(ii)
</enum>
<text>
by redesignating clause (iii) as clause (iv); and
</text>
</clause>
<clause id="HC082BD22CCCF49A091F5272C4F20FC6E">
<enum>
(iii)
</enum>
<text>
by inserting after clause (ii) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD61E669BA9A84A32AB48E8ED1978AEFC" style="OLC">
<clause id="H73192F4476FD46868F1EB2918F5A4358">
<enum>
(iii)
</enum>
<text>
strategies for the provision of transition planning, by personnel of the designated State unit, the State educational agency, and the recipient of funds under part C, that will facilitate the development and approval of the individualized plans for employment under section 102; and
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HCA61146459E2499EA14F17E8E8F09A20">
<enum>
(J)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA31BF740AF8244E18E76FFE817A45065" style="OLC">
<subparagraph id="HBEA7A4ECE6A14323A1E20B1451556783">
<enum>
(I)
</enum>
<header>
Coordination with assistive technology programs
</header>
<text>
The State plan shall include an assurance that the designated State unit, and the lead agency and implementing entity (if any) designated by the Governor of the State under section 4 of the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3003">
29 U.S.C. 3003
</external-xref>
), have developed working relationships and will enter into agreements for the coordination of their activities, including the referral of individuals with disabilities to programs and activities described in that section.
</text>
</subparagraph>
<subparagraph id="HA6AC68D7421C4151B7E859ADA898FE43">
<enum>
(J)
</enum>
<header>
Coordination with ticket to work and self-sufficiency program
</header>
<text>
The State plan shall include an assurance that the designated State unit will coordinate activities with any other State agency that is functioning as an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1320b-19">
42 U.S.C. 1320b–19
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="H3D8F42D036194826BD153EB65CF075F5">
<enum>
(K)
</enum>
<header>
Interagency cooperation
</header>
<text>
The State plan shall describe how the designated State agency or agencies (if more than 1 agency is designated under paragraph (2)(A)) will collaborate with the State agency responsible for administering the State Medicaid plan under title XIX of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1396">
42 U.S.C. 1396 et seq.
</external-xref>
), the State agency responsible for providing services for individuals with developmental disabilities, and the State agency responsible for providing mental health services, to develop opportunities for community-based employment in integrated settings, to the greatest extent practicable.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H27682D5B966641AE9336C6D81661FFAB">
<enum>
(8)
</enum>
<text>
in paragraph (14)—
</text>
<subparagraph id="H1CCF8EF326854F618A630A6485E14D21">
<enum>
(A)
</enum>
<text>
in the paragraph header, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Annual
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
Semiannual
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="HF6DB25FA72CE419382E97CE528DEB7D3">
<enum>
(B)
</enum>
<text>
in subparagraph (A)—
</text>
<clause id="H462EBC79F9094D589E87BE7997598A54">
<enum>
(i)
</enum>
<text>
by striking
<quote>
an annual
</quote>
and inserting
<quote>
a semiannual
</quote>
;
</text>
</clause>
<clause id="HA98864A9D10D47DDA6614B96C42DBF89">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
has achieved an employment outcome
</quote>
and inserting
<quote>
is employed
</quote>
;
</text>
</clause>
<clause id="H9EFDCEEC494D414FBB00E4953992E6DD">
<enum>
(iii)
</enum>
<text>
by striking
<quote>
achievement of the outcome
</quote>
and all that follows through
<quote>
representative)
</quote>
and inserting
<quote>
beginning of such employment, and annually thereafter
</quote>
;
</text>
</clause>
<clause id="H8454DFE7AE7E43D39D6101A17419245A">
<enum>
(iv)
</enum>
<text>
by striking
<quote>
to competitive
</quote>
and all that follows and inserting the following:
<quote>
to competitive integrated employment or training for competitive integrated employment;
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H6D9384EAF4F34EA1A113AADAF266CD5E">
<enum>
(C)
</enum>
<text>
in subparagraph (B), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="HF0959189AB9C422596B03DF80A84CA90">
<enum>
(D)
</enum>
<text>
in subparagraph (C), by striking
<quote>
the individuals described
</quote>
and all that follows and inserting
<quote>
individuals described in subparagraph (A) in attaining competitive integrated employment; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HC16D821653D340968D956A3C874B58D9">
<enum>
(E)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H64531CD06F3F4DD2A7106D2174F12B58" style="OLC">
<subparagraph id="HF7CC6A13110C4E7989FEE11CC21E6D7E">
<enum>
(D)
</enum>
<text>
an assurance that the State will report the information generated under subparagraphs (A), (B), and (C), for each of the individuals, to the Administrator of the Wage and Hour Division of the Department of Labor for each fiscal year, not later than 60 days after the end of the fiscal year.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HCEA2E6EBD773490A8FAF44D9A9CEB50D">
<enum>
(9)
</enum>
<text>
in paragraph (15)—
</text>
<subparagraph id="H94EEB839DE5D493CAFB77DAD07EE5D38">
<enum>
(A)
</enum>
<text>
in subparagraph (A)—
</text>
<clause id="HFA7616B6AC7F45DBAB9926663C445B75">
<enum>
(i)
</enum>
<text>
in clause (i)—
</text>
<subclause id="H4B542594BC354796A8E549A4957A15FE">
<enum>
(I)
</enum>
<text>
in subclause (II), by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
<subclause id="HAA5CBF3342DA4F669FE102D9640E8164">
<enum>
(II)
</enum>
<text>
in subclause (III)—
</text>
<item id="HA10C120A44E340B6A695C2535C889106">
<enum>
(aa)
</enum>
<text>
by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
; and
</text>
</item>
<item id="H1086EA834AB34F549CC9D282633D1C86">
<enum>
(bb)
</enum>
<text>
by adding
<quote>
and
</quote>
at the end; and
</text>
</item>
</subclause>
<subclause id="HD88F52AABB404A9CA025F12F02FBC716">
<enum>
(III)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF62B9238EDC14CDDAFDAF54408C83469" style="OLC">
<subclause id="HD55EF2D371344424B663E71025A1CF1F">
<enum>
(IV)
</enum>
<text>
youth with disabilities, and students with disabilities, including their need for pre-employment transition services or other transition services;
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="H5A9CD485AF014804ACC51D56828FCD2D">
<enum>
(ii)
</enum>
<text>
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and
</text>
</clause>
<clause id="HF6CDB22E5C4848CA95FA8DEC73BBB1AD">
<enum>
(iii)
</enum>
<text>
by inserting after clause (i) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2CB84225188C4839B8389EAF353AB728" style="OLC">
<clause id="HCEE01EB181D84ED39769220922A76FCE">
<enum>
(ii)
</enum>
<text>
include an assessment of the needs of individuals with disabilities for transition services and pre-employment transition services, and the extent to which such services provided under this Act are coordinated with transition services provided under the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1400">
20 U.S.C. 1400 et seq.
</external-xref>
) in order to meet the needs of individuals with disabilities.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H1EEE288C1A67494391ACC0F17566FD5C">
<enum>
(B)
</enum>
<text>
in subparagraph (B)—
</text>
<clause id="HF212C551564F438AB19D6F348BDBFBA1">
<enum>
(i)
</enum>
<text>
in clause (ii)—
</text>
<subclause id="H531B000564F344D18267108FDBCC8595">
<enum>
(I)
</enum>
<text>
by striking
<quote>
part B of title VI
</quote>
and inserting
<quote>
title VI
</quote>
; and
</text>
</subclause>
<subclause id="H8C66E60BC6BE471CAAFF4D5F566680E3">
<enum>
(II)
</enum>
<text>
by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
</clause>
<clause id="H426420D6958E4BC88CCCFAD6BF10BAA4">
<enum>
(ii)
</enum>
<text>
by redesignating clause (iii) as clause (iv); and
</text>
</clause>
<clause id="HB2F58FCA6C0C4C4CA530C7D8F9FB1192">
<enum>
(iii)
</enum>
<text>
by inserting after clause (ii) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H80659A24A2B349309D18A1E3C4F6E862" style="OLC">
<clause id="HC8A17B3FB89841FE9965551C65A9C4D6">
<enum>
(iii)
</enum>
<text>
the number of individuals who are eligible for services under this title, but are not receiving such services due to an order of selection; and
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H24AF233FDB8748C98E0EC588D58186A1">
<enum>
(C)
</enum>
<text>
in subparagraph (D)—
</text>
<clause id="HC3BCEA30BFCF434C8848324F8A9ECDF9">
<enum>
(i)
</enum>
<text>
by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively;
</text>
</clause>
<clause id="HC6FCF08A046F4C45A154D19F6CDB2248">
<enum>
(ii)
</enum>
<text>
by inserting after clause (ii) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4A60C5708D5347ADBE2C8C96F7DB9CAE" style="OLC">
<clause id="HDA7744AE701643D99EE1E663854E2F1E">
<enum>
(iii)
</enum>
<text>
the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to postsecondary life (including the receipt of vocational rehabilitation services under this title, postsecondary education, employment, and pre-employment transition services);
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H10A021EF71A44C5F9D7CC8611EB0EB93">
<enum>
(iii)
</enum>
<text>
in clause (vi), as redesignated by clause (i) of this subparagraph, by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H97B703F5A59C408E8615C37A1192C86D">
<enum>
(10)
</enum>
<text>
in paragraph (20), in subparagraphs (A) and (B)(i), by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
;
</text>
</paragraph>
<paragraph id="H7847CA8B684741CCA4C5FBAED7C45D8F">
<enum>
(11)
</enum>
<text>
in paragraph (22), by striking
<quote>
part B of title VI
</quote>
and inserting
<quote>
title VI
</quote>
; and
</text>
</paragraph>
<paragraph id="HBE0FB481FFEE4DCAB074D99783BABA90">
<enum>
(12)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H664BF001B3B7499B818C1BCE982F350B" style="OLC">
<paragraph id="HADAD3B0263804411BAD5FD91DB1575DD">
<enum>
(25)
</enum>
<header>
Services for students with disabilities
</header>
<text>
The State plan shall provide an assurance that, with respect to students with disabilities, the State—
</text>
<subparagraph id="HC38D2331472946F9BE95CC70CB61903B">
<enum>
(A)
</enum>
<text>
has developed and will implement—
</text>
<clause id="H8B504F39E6CE44D89C78B15C1F475D19">
<enum>
(i)
</enum>
<text>
strategies to address the needs identified in the assessments described in paragraph (15); and
</text>
</clause>
<clause id="H0B3E9274159A4500B03C21775186818C">
<enum>
(ii)
</enum>
<text>
strategies to achieve the goals and priorities identified by the State, in accordance with paragraph (15), to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis; and
</text>
</clause>
</subparagraph>
<subparagraph id="HF30E06908ABD49278519E609C0E57896">
<enum>
(B)
</enum>
<text>
has developed and will implement strategies to provide pre-employment transition services.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCFCBD88BF9454AC08008241C22443AFD">
<enum>
(26)
</enum>
<header>
Job growth and development
</header>
<text>
The State plan shall provide an assurance describing how the State will utilize initiatives involving in-demand industry sectors or occupations under sections 106(c) and 108 of the Workforce Innovation and Opportunity Act to increase competitive integrated employment opportunities for individuals with disabilities.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H52A063AEB7364CFDBDC79D9CC6E63922">
<enum>
(b)
</enum>
<header>
Approval
</header>
<text>
Section 101(b) (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(b)
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H5F41B46824254448B48F1DDE6BA84096" style="OLC">
<subsection id="H438DE1EA5CE247FB91ACD7250AF9175B">
<enum>
(b)
</enum>
<header>
Submission; approval; modification
</header>
<text>
The State plan for vocational rehabilitation services shall be subject to—
</text>
<paragraph id="H0882D3D838184F42B115135F343AC054">
<enum>
(1)
</enum>
<text>
subsection (c) of section 102 of the Workforce Innovation and Opportunity Act, in a case in which that plan is a portion of the unified State plan described in that section 102; and
</text>
</paragraph>
<paragraph id="H76160EAAD83B46318CAA7A96DB4E746F">
<enum>
(2)
</enum>
<text>
subsection (b), and paragraphs (1), (2), and (3) of subsection (c), of section 103 of such Act in a case in which that State plan for vocational rehabilitation services is a portion of the combined State plan described in that section 103.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H05651438C1BA49AAA2622031D141A5A5">
<enum>
(c)
</enum>
<header>
Construction
</header>
<text display-inline="yes-display-inline">
Section 101 (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2DA0524BFFBD45E49BD1C75AA232D9BE" style="OLC">
<subsection commented="no" display-inline="no-display-inline" id="HE5958AA12FF640CE8E317AB2944A0F6F">
<enum>
(c)
</enum>
<header display-inline="yes-display-inline">
Construction
</header>
<text display-inline="yes-display-inline">
Nothing in this part shall be construed to reduce the obligation under the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1400">
20 U.S.C. 1400 et seq.
</external-xref>
) of a local educational agency or any other agency to provide or pay for any transition services that are also considered special education or related services and that are necessary for ensuring a free appropriate public education to children with disabilities within the State involved.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H7AC76907DB2B4DAF991200AEDE9E916B">
<enum>
413.
</enum>
<header>
Eligibility and individualized plan for employment
</header>
<subsection id="H0A0786CFC8D54FADABF0145253406257">
<enum>
(a)
</enum>
<header>
Eligibility
</header>
<text>
Section 102(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/722">
29 U.S.C. 722(a)
</external-xref>
) is amended—
</text>
<paragraph id="HA403B161A1524750A35A9F363BAE58E7">
<enum>
(1)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="HBDE9BE8A2ABA48CFAAED4D3D9F52DBAA">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
is an
</quote>
and inserting
<quote>
has undergone an assessment for determining eligibility and vocational rehabilitation needs and as a result has been determined to be an
</quote>
;
</text>
</subparagraph>
<subparagraph id="HC006DE67733541CAAE098AC9765B3356">
<enum>
(B)
</enum>
<text>
in subparagraph (B), by striking
<quote>
or regain employment.
</quote>
and inserting
<quote>
advance in, or regain employment that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HCCAAB062AB364BF986F877337B585EE0">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
<quote>
For purposes of an assessment for determining eligibility and vocational rehabilitation needs under this Act, an individual shall be presumed to have a goal of an employment outcome.
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H1B655F628371435A843CB75CA2A3EFD4">
<enum>
(2)
</enum>
<text>
in paragraph (2)—
</text>
<subparagraph id="HAFF171E94EDA4237957875E0B70223C9">
<enum>
(A)
</enum>
<text>
in subparagraph (A)—
</text>
<clause id="H7A21A8B68F434882B0EFFD5D9A34AE6F">
<enum>
(i)
</enum>
<text>
in the subparagraph header, by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
Demonstration
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
Applicants
</header-in-text>
</quote>
; and
</text>
</clause>
<clause id="H63BAC3EF98444B3D9D166D551A234B10">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
, unless
</quote>
and all that follows and inserting a period; and
</text>
</clause>
</subparagraph>
<subparagraph id="HB9CF8410B06348339DA75734DF3B83C2">
<enum>
(B)
</enum>
<text>
in subparagraph (B)—
</text>
<clause id="H2029A9AB74D54143BB306F100C2A4AB2">
<enum>
(i)
</enum>
<text>
in the subparagraph header, by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
Methods
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
Responsibilities
</header-in-text>
</quote>
;
</text>
</clause>
<clause id="H7C52F381821A4FF6B267149A8928D7BF">
<enum>
(ii)
</enum>
<text>
in the first sentence—
</text>
<subclause id="H651B8471CEDF45D7BFD3B0EA3C8470AA">
<enum>
(I)
</enum>
<text>
by striking
<quote>
In making the demonstration required under subparagraph (A),
</quote>
and inserting
<quote>
Prior to determining under this subsection that an applicant described in subparagraph (A) is unable to benefit due to the severity of the individual's disability or that the individual is ineligible for vocational rehabilitation services,
</quote>
; and
</text>
</subclause>
<subclause id="H0B323E31848C46EB8850E3C829995BEF">
<enum>
(II)
</enum>
<text>
by striking
<quote>
, except under
</quote>
and all that follows and inserting a period; and
</text>
</subclause>
</clause>
<clause id="H5FFFD457B1854A0080940DA836A6C03B">
<enum>
(iii)
</enum>
<text>
in the second sentence, by striking
<quote>
individual or to determine
</quote>
and all that follows and inserting
<quote>
individual. In providing the trial experiences, the designated State unit shall provide the individual with the opportunity to try different employment experiences, including supported employment, and the opportunity to become employed in competitive integrated employment.
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H1D9CDA553E5D4AB9AF9B8D18656A7B51">
<enum>
(3)
</enum>
<text>
in paragraph (3)(A)(ii), by striking
<quote>
outcome from
</quote>
and all that follows and inserting
<quote>
outcome due to the severity of the individual's disability (as of the date of the determination).
</quote>
; and
</text>
</paragraph>
<paragraph id="H9103E0D709584F19BBA3F3DBEAD2253C">
<enum>
(4)
</enum>
<text>
in paragraph (5)—
</text>
<subparagraph id="H8A7043317F33482296DDD5DC18BE0FC1">
<enum>
(A)
</enum>
<text>
in the matter preceding subparagraph (A)—
</text>
<clause id="HDBF2176995B2415997D35CDB0FB3A80F">
<enum>
(i)
</enum>
<text>
by striking
<quote>
If an individual
</quote>
and inserting
<quote>
If, after the designated State unit carries out the activities described in paragraph (2)(B), a review of existing data, and, to the extent necessary, the assessment activities described in section 7(2)(A)(ii), an individual
</quote>
; and
</text>
</clause>
<clause id="HD7A66BC14A6343659B00674CD744D4C4">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
title is determined
</quote>
and all that follows through
<quote>
not to be
</quote>
and inserting
<quote>
title is determined not to be
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HF018AF524BEB4EBBA7990A0047672C83">
<enum>
(B)
</enum>
<text>
by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively;
</text>
</subparagraph>
<subparagraph id="H89F5A685530A4B0B8C54B946DB22F458">
<enum>
(C)
</enum>
<text>
by inserting before subparagraph (B), as redesignated by subparagraph (B) of this paragraph, the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5D93FDB23BDB44F48FF2AB9542D363D0" style="OLC">
<subparagraph id="H4A1F369D31284134A967ECC547BA7481">
<enum>
(A)
</enum>
<text>
the ineligibility determination shall be an individualized one, based on the available data, and shall not be based on assumptions about broad categories of disabilities;
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H1C12549C41E045FCBFBA6A29C6498C4E">
<enum>
(D)
</enum>
<text>
in clause (i) of subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by inserting after
<quote>
determination
</quote>
the following:
<quote>
, including the clear and convincing evidence that forms the basis for the determination of ineligibility
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HB5EFF6389C374938B92288A1A72C9F2B">
<enum>
(b)
</enum>
<header>
Development of an individualized plan for employment, and related information
</header>
<text>
Section 102(b) (
<external-xref legal-doc="usc" parsable-cite="usc/29/722">
29 U.S.C. 722(b)
</external-xref>
) is amended—
</text>
<paragraph id="H999E0BAC0BD44E02A9008E4530B2F723">
<enum>
(1)
</enum>
<text>
in paragraph (1)(A)—
</text>
<subparagraph id="HCAB390D45AA642B4A5A7F4CE9AB700AA">
<enum>
(A)
</enum>
<text>
by striking
<quote>
, to the extent determined to be appropriate by the eligible individual,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HCC568D6C97B74630A1BBB7AE250CAE54">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
or, as appropriate, a disability advocacy organization
</quote>
after
<quote>
counselor
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H722676814AC9405BA93A60BA65E3BBE6">
<enum>
(2)
</enum>
<text>
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
</text>
</paragraph>
<paragraph id="H4FEC542B7F7B4E4CAADF95E24C3E3F54">
<enum>
(3)
</enum>
<text>
by inserting after paragraph (1) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H8326F3EC33F44150A6510CED2DC8063B" style="OLC">
<paragraph id="HB9FA60B2D4CE4E27BA2707CD0F8A0973">
<enum>
(2)
</enum>
<header>
Individuals desiring to enter the workforce
</header>
<text>
For an individual entitled to benefits under title II or XVI of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/401">
42 U.S.C. 401 et seq.
</external-xref>
, 1381 et seq.) on the basis of a disability or blindness, the designated State unit shall provide to the individual general information on additional supports and assistance for individuals with disabilities desiring to enter the workforce, including assistance with benefits planning.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H0D649641CCB147EB849F9BB6BE16BE78">
<enum>
(4)
</enum>
<text>
in paragraph (3), as redesignated by paragraph (2) of this subsection—
</text>
<subparagraph id="HB219E994D9E94234A9EEB2EE16E0F898">
<enum>
(A)
</enum>
<text>
in subparagraph (E)—
</text>
<clause id="H45DDBD617F854B9C805B56CBFAE2F8DF">
<enum>
(i)
</enum>
<text>
in clause (i), by striking
<quote>
and
</quote>
at the end;
</text>
</clause>
<clause id="H64A880BE6B95499C87B8BA10D2E19E6F">
<enum>
(ii)
</enum>
<text>
in clause (ii), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</clause>
<clause id="HD86DD1A5D9A541F2B185573063A3B784">
<enum>
(iii)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD9094129BA874DBAABBFFF362FC8EA04" style="OLC">
<clause id="HF7791E29BCC84B1ABEF6BB6B31CC90E9">
<enum>
(iii)
</enum>
<text>
amended, as necessary, to include the postemployment services and service providers that are necessary for the individual to maintain or regain employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H592086EE52B24A5BB92ED0DBFED7E3BE">
<enum>
(B)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5D71A56EFF874370ADF6AAE0581A68B5" style="OLC">
<subparagraph id="HDE0F9C1C60324956B435B9283CD1D6A6">
<enum>
(F)
</enum>
<header>
Timeframe for completing the individualized plan for employment
</header>
<text>
The individualized plan for employment shall be developed as soon as possible, but not later than a deadline of 90 days after the date of the determination of eligibility described in paragraph (1), unless the designated State unit and the eligible individual agree to an extension of that deadline to a specific date by which the individualized plan for employment shall be completed.
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H44D702D938D54A6DB4584C0B1363BE61">
<enum>
(5)
</enum>
<text>
in paragraph (4), as redesignated by paragraph (2) of this subsection—
</text>
<subparagraph id="HDA76BE03D56F4436A70F657E7DAE8823">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
choice of the
</quote>
and all that follows and inserting
<quote>
choice of the eligible individual, consistent with the general goal of competitive integrated employment (except that in the case of an eligible individual who is a student, the description may be a description of the student's projected postschool employment outcome);
</quote>
;
</text>
</subparagraph>
<subparagraph id="HF79528CDDB2345A4BB7409ED0B57F435">
<enum>
(B)
</enum>
<text>
in subparagraph (B)(i)—
</text>
<clause id="H5CA0168D9AA444E7B66F8B20C34F13DD">
<enum>
(i)
</enum>
<text>
by redesignating subclause (II) as subclause (III); and
</text>
</clause>
<clause id="HA97D80EBDAAF40F3B9F286FAC335F054">
<enum>
(ii)
</enum>
<text>
by striking subclause (I) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB1C6A136DE16494490C8B2FFAE87F101" style="OLC">
<subclause id="H02596F564DA04A458A74C5F0680A5E02" indent="up1">
<enum>
(I)
</enum>
<text>
needed to achieve the employment outcome, including, as appropriate—
</text>
<item id="H36A67F6A846C439DB66E23A297D6FB23">
<enum>
(aa)
</enum>
<text>
the provision of assistive technology devices and assistive technology services (including referrals described in section 103(a)(3) to the device reutilization programs and demonstrations described in subparagraphs (B) and (D) of section 4(e)(2) of the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3003">
29 U.S.C. 3003(e)(2)
</external-xref>
) through agreements developed under section 101(a)(11)(I); and
</text>
</item>
<item id="HEA46DD980B864D44B10AA067105CD857">
<enum>
(bb)
</enum>
<text>
personal assistance services (including training in the management of such services);
</text>
</item>
</subclause>
<subclause id="H37864F4A90D348BF836E923AC7D68F40" indent="up1">
<enum>
(II)
</enum>
<text>
in the case of a plan for an eligible individual that is a student, the specific transition services and supports needed to achieve the student's employment outcome or projected postschool employment outcome; and
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HC9F2C94C2431449CB3E37F83E07730F9">
<enum>
(C)
</enum>
<text>
in subparagraph (F), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="H3CB976AA542F4AA7A6DB410607D9AE73">
<enum>
(D)
</enum>
<text>
in subparagraph (G), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HC326AFBDB3D843F0BD5099853F477F4B">
<enum>
(E)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF2AA61E730FC4057806CE4F65E0EFC94" style="OLC">
<subparagraph id="H6672332E66954F22B9E1602284C4EDEC">
<enum>
(H)
</enum>
<text>
for an individual who also is receiving assistance from an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1320b-19">
42 U.S.C. 1320b–19
</external-xref>
), a description of how responsibility for service delivery will be divided between the employment network and the designated State unit.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HFCFD6BF4384F41EA926E01765B361A87">
<enum>
(c)
</enum>
<header>
Procedures
</header>
<text>
Section 102(c) (
<external-xref legal-doc="usc" parsable-cite="usc/29/722">
29 U.S.C. 722(c)
</external-xref>
) is amended—
</text>
<paragraph id="H842B76BD5E0E431E844322C9CFF16EFA">
<enum>
(1)
</enum>
<text>
in paragraph (1), by adding at the end the following:
<quote>
The procedures shall allow an applicant or an eligible individual the opportunity to request mediation, an impartial due process hearing, or both procedures.
</quote>
;
</text>
</paragraph>
<paragraph id="H09AC073658E342AF927150C31701F80C">
<enum>
(2)
</enum>
<text>
in paragraph (2)(A)—
</text>
<subparagraph id="HEB4D51FE6C7C4B03B59FD6CC8CBEB60B">
<enum>
(A)
</enum>
<text>
in clause (ii), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="H41A868B40FB74F66BECE54A13FA2B987">
<enum>
(B)
</enum>
<text>
in clause (iii), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HB4C227027C0F42CB84327371C8BCDE46">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HDD52483D01C94213B6C2160DFF5F8F7A" style="OLC">
<clause id="HA37D5F11690C431D81CFCE9E6F89BD86">
<enum>
(iv)
</enum>
<text>
any applicable State limit on the time by which a request for mediation under paragraph (4) or a hearing under paragraph (5) shall be made, and any required procedure by which the request shall be made.
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HA38EE6B42D484579AF92434681624C06">
<enum>
(3)
</enum>
<text>
in paragraph (5)—
</text>
<subparagraph id="HE3D09CB2721B4731A27F0113C5F90F71">
<enum>
(A)
</enum>
<text>
by striking subparagraph (A) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1C8E2E4B61F84386ACDDBE209B2E9E5D" style="OLC">
<subparagraph id="HE6183DFE856A4F3E8ACD94958D0954B2">
<enum>
(A)
</enum>
<header>
Officer
</header>
<text>
A due process hearing described in paragraph (2) shall be conducted by an impartial hearing officer who, on reviewing the evidence presented, shall issue a written decision based on the provisions of the approved State plan, requirements specified in this Act (including regulations implementing this Act), and State regulations and policies that are consistent with the Federal requirements specified in this title. The officer shall provide the written decision to the applicant or eligible individual, or, as appropriate, the applicant’s representative or individual’s representative, and to the designated State unit. The impartial hearing officer shall have the authority to render a decision and require actions regarding the applicant's or eligible individual's vocational rehabilitation services under this title.
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HB774AA6D1C6D4A0DB1028650628B209B">
<enum>
(B)
</enum>
<text>
in subparagraph (B), by striking
<quote>
in laws
</quote>
and inserting
<quote>
about Federal laws
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H157088BC90584B44A51DAA977BCB5185">
<enum>
414.
</enum>
<header>
Vocational rehabilitation services
</header>
<text display-inline="no-display-inline">
Section 103 (
<external-xref legal-doc="usc" parsable-cite="usc/29/723">
29 U.S.C. 723
</external-xref>
) is amended—
</text>
<paragraph id="H9D6338F474744FF0A9D8ED7D78610F46">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (a)—
</text>
<subparagraph id="H87325B82958242558AF8D324C38D2E16">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
in paragraph (13), by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
;
</text>
</subparagraph>
<subparagraph id="H3A02A268FE0D40F4919B38DA8EBA9E8B">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
by striking paragraph (15) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB1BD6C6AA564406CA7BFD195ED2DB488" style="OLC">
<paragraph commented="no" display-inline="no-display-inline" id="H86B0352483084FDB8BB4E1381EC1AD0E">
<enum>
(15)
</enum>
<text display-inline="yes-display-inline">
transition services for students with disabilities, that facilitate the transition from school to postsecondary life, such as achievement of an employment outcome in competitive integrated employment, or pre-employment transition services;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H49D463533EEE41C6BEF66F055F2D1190">
<enum>
(C)
</enum>
<text>
by redesignating paragraphs (17) and (18) as paragraphs (19) and (20), respectively; and
</text>
</subparagraph>
<subparagraph id="H464EB609FACA424B969D203168C62989">
<enum>
(D)
</enum>
<text>
by inserting after paragraph (16) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD857E139B2914A3DB0E63B77AB31A5F2" style="OLC">
<paragraph id="HF0E7BCFCD7DD43EDB64E92EFAAE7DCE9">
<enum>
(17)
</enum>
<text>
customized employment;
</text>
</paragraph>
<paragraph id="H1088B7DFE95F4A80B38CFEEBCA979F73">
<enum>
(18)
</enum>
<text>
encouraging qualified individuals who are eligible to receive services under this title to pursue advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business;
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H8E2621C2F8C54504BE3A2569E97DB755">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="HD9CF40C10B54412C85923DADAFAA64DA">
<enum>
(A)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="H2AB8A4B096AC4827B1855FFA9E2057DB">
<enum>
(i)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="HB77C35F33A8A4F98B92621FCF0D60627">
<enum>
(I)
</enum>
<text>
by striking
<quote>
(A)
</quote>
; and
</text>
</subclause>
<subclause id="H716B4A3384354826B18158ED247CB305">
<enum>
(II)
</enum>
<text>
by striking the second sentence and inserting
<quote>
Such programs shall be used to provide services described in this section that promote integration into the community and that prepare individuals with disabilities for competitive integrated employment, including supported employment and customized employment.
</quote>
; and
</text>
</subclause>
</clause>
<clause id="H0CB2DC59F4534F75854A79C791368E3F">
<enum>
(ii)
</enum>
<text>
by striking subparagraph (B);
</text>
</clause>
</subparagraph>
<subparagraph id="H98A1674B044F48C296514D6A2ED89440">
<enum>
(B)
</enum>
<text>
by striking paragraph (5) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4D7B28509BC045C9AB76F7181C699710" style="OLC">
<paragraph id="HD19EDD765CC84939A7914ACDDF6E6498">
<enum>
(5)
</enum>
<text>
Technical assistance to businesses that are seeking to employ individuals with disabilities.
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HF862296F38C2466788DC90E8A50EEDA5">
<enum>
(C)
</enum>
<text>
by striking paragraph (6) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3C29582C98CF42049622CECB1BFEA761" style="OLC">
<paragraph id="H51F40326002544819F2C79AE63244732">
<enum>
(6)
</enum>
<text>
Consultation and technical assistance services to assist State educational agencies and local educational agencies in planning for the transition of students with disabilities from school to postsecondary life, including employment.
</text>
</paragraph>
<paragraph id="H9B035B9131644C73AB350A72BECE4108">
<enum>
(7)
</enum>
<text>
Transition services to youth with disabilities and students with disabilities, for which a vocational rehabilitation counselor works in concert with educational agencies, providers of job training programs, providers of services under the Medicaid program under title XIX of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1396">
42 U.S.C. 1396 et seq.
</external-xref>
), entities designated by the State to provide services for individuals with developmental disabilities, centers for independent living (as defined in section 702), housing and transportation authorities, workforce development systems, and businesses and employers.
</text>
</paragraph>
<paragraph id="H295BC5CCCF7C40AA9FF333E8461189B5">
<enum>
(8)
</enum>
<text>
The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3001">
29 U.S.C. 3001 et seq.
</external-xref>
) to promote access to assistive technology for individuals with disabilities and employers.
</text>
</paragraph>
<paragraph id="HE2BA2064EBB64564B3A5B10589465850">
<enum>
(9)
</enum>
<text>
Support (including, as appropriate, tuition) for advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business, provided after an individual eligible to receive services under this title, demonstrates—
</text>
<subparagraph id="H6CB70CFB020241369EA8D5490E6BF985">
<enum>
(A)
</enum>
<text>
such eligibility;
</text>
</subparagraph>
<subparagraph id="H211B56DA776947BEAF0830A777EB7CFD">
<enum>
(B)
</enum>
<text>
previous completion of a bachelor's degree program at an institution of higher education or scheduled completion of such degree program prior to matriculating in the program for which the individual proposes to use the support; and
</text>
</subparagraph>
<subparagraph id="HE1474CF44DD446A7B45EA9AB604F33B3">
<enum>
(C)
</enum>
<text>
acceptance by a program at an institution of higher education in the United States that confers a master’s degree in a science, technology, engineering, or mathematics (including computer science) field, a juris doctor degree, a master of business administration degree, or a doctor of medicine degree,
</text>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
except that the limitations of subsection (a)(5) that apply to training services shall apply to support described in this paragraph, and nothing in this paragraph shall prevent any designated State unit from providing similar support to individuals with disabilities within the State who are eligible to receive support under this title and who are not served under this paragraph.
</continuation-text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section id="H2365957F914C441A8DA9BAE176FA403A">
<enum>
415.
</enum>
<header>
State Rehabilitation Council
</header>
<text display-inline="no-display-inline">
Section 105 (
<external-xref legal-doc="usc" parsable-cite="usc/29/725">
29 U.S.C. 725
</external-xref>
) is amended—
</text>
<paragraph id="HF8C6D9C856B342FB8CE795468665491A">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (b)(1)(A)—
</text>
<subparagraph id="H69B3CCE8670847F3A6B0244C75BF49A2">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking clause (ix) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4B15E0D21D1D4F4CA011144FD63C3A64" style="OLC">
<clause id="H0BB313B3905940DF80691FDA34369A53">
<enum>
(ix)
</enum>
<text>
in a State in which one or more projects are funded under section 121, at least one representative of the directors of the projects located in such State;
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HD32557408E564990B8EAB63944C95359">
<enum>
(B)
</enum>
<text>
in clause (xi), by striking
<quote>
State workforce investment board
</quote>
and inserting
<quote>
State workforce development board
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H79987127A50E425F9B21FBDFEECE40B5">
<enum>
(2)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="HAC45CA4ABE51433B844BB8C082BC6C10">
<enum>
(A)
</enum>
<text>
in the matter preceding paragraph (1), by striking
<quote>
State workforce investment board
</quote>
and inserting
<quote>
State workforce development board
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H758201FECD2D417DB363DDCED80696D4">
<enum>
(B)
</enum>
<text>
in paragraph (6), by striking
<quote>
Service Act
</quote>
and all that follows and inserting
<quote>
Service Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/300x-3">
42 U.S.C. 300x–3(a)
</external-xref>
) and the State workforce development board, and with the activities of entities carrying out programs under the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3001">
29 U.S.C. 3001 et seq.
</external-xref>
);
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section commented="no" id="H827F4BC49A3B4161A5BFC3A0097C19B5">
<enum>
416.
</enum>
<header>
Evaluation standards and performance indicators
</header>
<text display-inline="no-display-inline">
Section 106 (
<external-xref legal-doc="usc" parsable-cite="usc/29/726">
29 U.S.C. 726
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="H2D477AF662E249A69B0746C4147FDBF6">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by striking subsection (a) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H08279525FFB043DD9FD8F6DF3A1694F3" style="OLC">
<subsection id="H07D4131726904BE3B58C2B57A07707F5">
<enum>
(a)
</enum>
<header>
In general
</header>
<paragraph id="H954484AEEFD24EA2B8428519FCEEAE23">
<enum>
(1)
</enum>
<header>
Standards and indicators
</header>
<text>
The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this title shall be subject to the performance accountability provisions described in section 116(b) of the Workforce Innovation and Opportunity Act.
</text>
</paragraph>
<paragraph id="HE03ED250F1CB46239B89562925654FA1">
<enum>
(2)
</enum>
<header>
Additional performance accountability indicators
</header>
<text>
A State may establish and provide information on additional performance accountability indicators, which shall be identified in the State plan submitted under section 101.
</text>
</paragraph>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H716A039230E14952B181EEC10CC1E2FA">
<enum>
(2)
</enum>
<text>
in subsection (b)(2)(B)(i), by striking
<quote>
review the program
</quote>
and all that follows through
<quote>
request the State
</quote>
and inserting
<quote>
on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State
</quote>
.
</text>
</paragraph>
</section>
<section id="H0B5321C7104C4BE2BD9A709B1E31B00D">
<enum>
417.
</enum>
<header>
Monitoring and review
</header>
<subsection id="H7D94727376ED430A871BED36BBF54481">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Section 107 (
<external-xref legal-doc="usc" parsable-cite="usc/29/727">
29 U.S.C. 727
</external-xref>
) is amended—
</text>
<paragraph id="H6A1D8921347D4E2884E9B70384B52D78">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="HA2CF827E7C8F49E693300EC7DAEF03FD">
<enum>
(A)
</enum>
<text>
in paragraph (3)(E), by inserting before the period the following:
<quote>
, including personnel of a client assistance program under section 112, and past or current recipients of vocational rehabilitation services
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H31B79A4D9D464C1C9A874D3826654FB1">
<enum>
(B)
</enum>
<text>
in paragraph (4)—
</text>
<clause id="HEB01527F2A0C4940A5CB4560CAB8721B">
<enum>
(i)
</enum>
<text>
by striking subparagraphs (A) and (B) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H148F63FF391140FFB4C15DBDAA34E6CB" style="OLC">
<subparagraph id="HFE768F3802034757BD4540A3EB87D76F">
<enum>
(A)
</enum>
<text>
the eligibility process, including the process related to the determination of ineligibility under section 102(a)(5);
</text>
</subparagraph>
<subparagraph id="HE4113853C27C48019481924D4C11F41C">
<enum>
(B)
</enum>
<text>
the provision of services, including supported employment services and pre-employment transition services, and, if applicable, the order of selection;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H05EE84CD7A2D4CD288DA149135368325">
<enum>
(ii)
</enum>
<text>
in subparagraph (C), by striking
<quote>
and
</quote>
at the end;
</text>
</clause>
<clause id="H4629B04D778E46F29224D35C9512723C">
<enum>
(iii)
</enum>
<text>
by redesignating subparagraph (D) as subparagraph (E); and
</text>
</clause>
<clause id="HBBF8B339ADFA4B158B5EDD787358A904">
<enum>
(iv)
</enum>
<text>
by inserting after subparagraph (C) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H8773868FE125408FB9CC9B674EC57E72" style="OLC">
<subparagraph id="H49AF0E6E95234631AEE8A28F318C14A5">
<enum>
(D)
</enum>
<text>
data reported under section 101(a)(10)(C)(i); and
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H9C70F67A92B54207AEC5FEF5860B9745">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="HB948176D0CA54808A51B425E7AA13DE3">
<enum>
(A)
</enum>
<text>
in paragraph (1), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="HA713AFB360874CAAB9D7CF97705B8299">
<enum>
(B)
</enum>
<text>
in paragraph (2), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HEA190BADD0844B26B18393657BDC1671">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H969F105644484E16A2239F0778146DA1" style="OLC">
<paragraph id="H6EC4A8D03B6944F197E03963D5F22C48">
<enum>
(3)
</enum>
<text>
provide technical assistance to programs under this title to—
</text>
<subparagraph id="H5A39E6E11D8843FCA1841A123DA4DBEB">
<enum>
(A)
</enum>
<text>
promote high-quality employment outcomes for individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="HBACF6B6354814BD08149B9E781FDFCE3">
<enum>
(B)
</enum>
<text>
integrate veterans who are individuals with disabilities into their communities and to support the veterans to obtain and retain competitive integrated employment;
</text>
</subparagraph>
<subparagraph id="HC7D3EF31DFD240EB84AE2925902029DE">
<enum>
(C)
</enum>
<text>
develop, improve, and disseminate information on procedures, practices, and strategies, including for the preparation of personnel, to better enable individuals with intellectual disabilities and other individuals with disabilities to participate in postsecondary educational experiences and to obtain and retain competitive integrated employment; and
</text>
</subparagraph>
<subparagraph id="HE1D103AE494B407D9FDFB0A2FD78EB40">
<enum>
(D)
</enum>
<text>
apply evidence-based findings to facilitate systemic improvements in the transition of youth with disabilities to postsecondary life.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H3553B850FBD343F0AB207F9AAF407E92">
<enum>
(b)
</enum>
<header>
Technical amendment
</header>
<text>
Section 108(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/728">
29 U.S.C. 728(a)
</external-xref>
) is amended by striking
<quote>
part B of title VI
</quote>
and inserting
<quote>
title VI
</quote>
.
</text>
</subsection>
</section>
<section id="HD23F5123B7854A4BAEBA4039FFB76DFA">
<enum>
418.
</enum>
<header>
Training and services for employers
</header>
<text display-inline="no-display-inline">
Section 109 (
<external-xref legal-doc="usc" parsable-cite="usc/29/728a">
29 U.S.C. 728a
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H75562A3D2D4A4356B46038089CD047FA" style="OLC">
<section id="H0CA5829401CC4BAE965B5E54DB2A59EB">
<enum>
109.
</enum>
<header>
Training and services for employers
</header>
<text display-inline="no-display-inline">
A State may expend payments received under section 111 to educate and provide services to employers who have hired or are interested in hiring individuals with disabilities under programs carried out under this title, including—
</text>
<paragraph id="H529954DDE9274CFDBC1580B8B0D69EE5">
<enum>
(1)
</enum>
<text>
providing training and technical assistance to employers regarding the employment of individuals with disabilities, including disability awareness, and the requirements of the Americans with Disabilities Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12101">
42 U.S.C. 12101 et seq.
</external-xref>
) and other employment-related laws;
</text>
</paragraph>
<paragraph id="H433E73B549BA46E4B560B61871F248C9">
<enum>
(2)
</enum>
<text>
working with employers to—
</text>
<subparagraph id="H4B8F22A36484487C97ABBB6DAB618217">
<enum>
(A)
</enum>
<text>
provide opportunities for work-based learning experiences (including internships, short-term employment, apprenticeships, and fellowships), and opportunities for pre-employment transition services;
</text>
</subparagraph>
<subparagraph id="H5EA4D00C395C4FAFA6B6393405930ED8">
<enum>
(B)
</enum>
<text>
recruit qualified applicants who are individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="HD085B2D397794DC38536DF8CABD5C7E9">
<enum>
(C)
</enum>
<text>
train employees who are individuals with disabilities; and
</text>
</subparagraph>
<subparagraph id="H3F01425A34714DA5AB5F2C5E11466C81">
<enum>
(D)
</enum>
<text>
promote awareness of disability-related obstacles to continued employment;
</text>
</subparagraph>
</paragraph>
<paragraph id="H60232A1D0DB24506A73B815B2691B395">
<enum>
(3)
</enum>
<text>
providing consultation, technical assistance, and support to employers on workplace accommodations, assistive technology, and facilities and workplace access through collaboration with community partners and employers, across States and nationally, to enable the employers to recruit, job match, hire, and retain qualified individuals with disabilities who are recipients of vocational rehabilitation services under this title, or who are applicants for such services; and
</text>
</paragraph>
<paragraph id="H1FCC1F43AB5C472285BA4448BA9185F3">
<enum>
(4)
</enum>
<text>
assisting employers with utilizing available financial support for hiring or accommodating individuals with disabilities.
</text>
</paragraph>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H8B1A33CA4B534F9B8699CB787AD06F52">
<enum>
419.
</enum>
<header>
State allotments
</header>
<text display-inline="no-display-inline">
Section 110 (
<external-xref legal-doc="usc" parsable-cite="usc/29/730">
29 U.S.C. 730
</external-xref>
) is amended—
</text>
<paragraph id="HAD4DFBF28A624C97A0EAC8C827C8352D">
<enum>
(1)
</enum>
<text>
in subsection (a)(1), by striking
<quote>
Subject to the provisions of subsection (c)
</quote>
and inserting
<quote>
Subject to the provisions of subsections (c) and (d),
</quote>
;
</text>
</paragraph>
<paragraph id="H1A801412E95F4D819263440DC40E6DF5">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in subsection (c)—
</text>
<subparagraph id="HC61D250ED867490887401CFED7FEE5F5">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
in paragraph (1), by striking
<quote>
1987
</quote>
and inserting
<quote>
2015
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H9FB84A16427F4F98BFDF12D7CD04A0CA">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="HB5513188AF6147D484F3926EBC2C09D0">
<enum>
(i)
</enum>
<text>
by striking
<quote>
Secretary
</quote>
and all that follows through
<quote>
(B)
</quote>
and inserting
<quote>
Secretary,
</quote>
; and
</text>
</clause>
<clause id="H2CD03D3CC0864C239A4001425845EA58">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
2000 through 2003
</quote>
and inserting
<quote>
2015 through 2020
</quote>
; and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H102219A9CD7D46E4A519D7FBD347E7EC">
<enum>
(3)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6854A604316D4A54A563786A71D2D639" style="OLC">
<subsection id="H9739FA2D27314661A89336FEB52B9445">
<enum>
(d)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="HAEFC4DB9D02B48B293B738E1F1A832AB">
<enum>
(1)
</enum>
<text>
From any State allotment under subsection (a) for a fiscal year, the State shall reserve not less than 15 percent of the allotted funds for the provision of pre-employment transition services.
</text>
</paragraph>
<paragraph id="HDE158CB7E2444D9FB28144C9A859299A" indent="up1">
<enum>
(2)
</enum>
<text>
Such reserved funds shall not be used to pay for the administrative costs of providing pre-employment transition services.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H2C081A78F9314CB7B060B471348A9E88">
<enum>
420.
</enum>
<header>
Payments to States
</header>
<text display-inline="no-display-inline">
Section 111(a)(2)(B) (
<external-xref legal-doc="usc" parsable-cite="usc/29/731">
29 U.S.C. 731(a)(2)(B)
</external-xref>
) is amended—
</text>
<paragraph id="HA147FA0B0F11493B81009D7899F94762">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
For fiscal year 1994 and each fiscal year thereafter, the
</quote>
and inserting
<quote>
The
</quote>
;
</text>
</paragraph>
<paragraph id="HF39EADB172794DE983307D28F6530274">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
this title for the previous
</quote>
and inserting
<quote>
this title for any previous
</quote>
; and
</text>
</paragraph>
<paragraph id="H0056BF5CD8824C96BC84BA088E4ABDDF">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
year preceding the previous
</quote>
and inserting
<quote>
year preceding that previous
</quote>
.
</text>
</paragraph>
</section>
<section id="HE0F8C8D3D5094B43A54AFF778F6E96EE">
<enum>
421.
</enum>
<header>
Client assistance program
</header>
<text display-inline="no-display-inline">
Section 112 (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
) is amended—
</text>
<paragraph id="H8D51206DE9584C75972CBAA56FCD90B1">
<enum>
(1)
</enum>
<text>
in subsection (a), in the first sentence, by inserting
<quote>
including under sections 113 and 511,
</quote>
after
<quote>
all available benefits under this Act,
</quote>
;
</text>
</paragraph>
<paragraph id="H1BB8C37B92064FACB85EFA9B89D92DDD">
<enum>
(2)
</enum>
<text>
in subsection (b), by striking
<quote>
not later than October 1, 1984,
</quote>
;
</text>
</paragraph>
<paragraph id="HE6BC14255BAB474F8FE8B7A35F9F1CC1">
<enum>
(3)
</enum>
<text>
in subsection (e)(1)—
</text>
<subparagraph id="H9FCF0936AE254FF788D2CFA194B491FC">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
The Secretary shall allot
</quote>
and inserting
<quote>
After reserving funds under subparagraphs (E) and (F), the Secretary shall allot the remainder of
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H58626A777BB94691817BDF2507D0EE3E">
<enum>
(B)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF24EF0FD8B2D4E1992689C2A2EF3F1DD" style="OLC">
<subparagraph id="HB4DC30CF95AD401FA6D105AE613ABFCF" indent="up2">
<enum>
(E)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="HAB8F5C7E5407452D942FDCB11904E342">
<enum>
(i)
</enum>
<text>
The Secretary shall reserve funds appropriated under subsection (h) to make a grant to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. The amount of such a grant shall be the same amount as is provided to a territory under this subsection.
</text>
</clause>
<clause id="H0B194A33572E43CCB0F8D8B221B6D80E" indent="up1">
<enum>
(ii)
</enum>
<text>
In this subparagraph:
</text>
<subclause id="HF5AEB97899A04B4E9E24AA9FE2E93B62">
<enum>
(I)
</enum>
<text>
The term
<term>
American Indian Consortium
</term>
has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (
<external-xref legal-doc="usc" parsable-cite="usc/42/15002">
42 U.S.C. 15002
</external-xref>
).
</text>
</subclause>
<subclause id="HA658CFEFFE1E43458F760DDFB56EAFAD">
<enum>
(II)
</enum>
<text>
The term
<term>
protection and advocacy system
</term>
means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (
<external-xref legal-doc="usc" parsable-cite="usc/42/15041">
42 U.S.C. 15041 et seq.
</external-xref>
).
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HB923334AD583486B89EEC96225F22A3D" indent="up2">
<enum>
(F)
</enum>
<text>
For any fiscal year for which the amount appropriated under subsection (h) equals or exceeds $14,000,000, the Secretary may reserve not less than 1.8 percent and not more than 2.2 percent of such amount to provide a grant for training and technical assistance for the programs established under this section. Such training and technical assistance shall be coordinated with activities provided under section 509(c)(1)(A).
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H15F3AABDBE9E4FBC810AF10995E4E130">
<enum>
(4)
</enum>
<text>
by striking subsection (h) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB95758F0145D4DC2BE461B1648CBEFE9" style="OLC">
<subsection id="HF0C7348558704F5886D10201DA1BF1D1">
<enum>
(h)
</enum>
<text>
There are authorized to be appropriated to carry out the provisions of this section—
</text>
<paragraph id="H2818F31706F84671A421A8007FB18F51">
<enum>
(1)
</enum>
<text>
$12,000,000 for fiscal year 2015;
</text>
</paragraph>
<paragraph id="HF32E81422A44439BBAA41D8926B64B55">
<enum>
(2)
</enum>
<text>
$12,927,000 for fiscal year 2016;
</text>
</paragraph>
<paragraph id="HCC30D8EB0E224D659677913D1549E933">
<enum>
(3)
</enum>
<text>
$13,195,000 for fiscal year 2017;
</text>
</paragraph>
<paragraph id="H48E88BE849BA4403B1DC90684C9C3F64">
<enum>
(4)
</enum>
<text>
$13,488,000 for fiscal year 2018;
</text>
</paragraph>
<paragraph id="H229EE593E1F748A9A63D74A739C6A3D3">
<enum>
(5)
</enum>
<text>
$13,805,000 for fiscal year 2019; and
</text>
</paragraph>
<paragraph id="HEE8F473761E142F699EB9806788D479F">
<enum>
(6)
</enum>
<text>
$14,098,000 for fiscal year 2020.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H2566CB54EDD8488A8F3D5808941CA336">
<enum>
422.
</enum>
<header>
Pre-employment transition services
</header>
<text display-inline="no-display-inline">
Part B of title I (
<external-xref legal-doc="usc" parsable-cite="usc/29/730">
29 U.S.C. 730 et seq.
</external-xref>
) is further amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD4CB569449004B5DBC8493B400257871" style="OLC">
<section id="H5430E2BFEEC84FF7A4D0FA8512FC4726">
<enum>
113.
</enum>
<header>
Provision of pre-employment transition services
</header>
<subsection id="HDBAE1642A6A04A9F986C5D5C43A745EA">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
From the funds reserved under section 110(d), and any funds made available from State, local, or private funding sources, each State shall ensure that the designated State unit, in collaboration with the local educational agencies involved, shall provide, or arrange for the provision of, pre-employment transition services for all students with disabilities in need of such services who are eligible or potentially eligible for services under this title.
</text>
</subsection>
<subsection id="HF12E79FF096A450EA9E73A9B50B79C0F">
<enum>
(b)
</enum>
<header>
Required activities
</header>
<text>
Funds available under subsection (a) shall be used to make available to students with disabilities described in subsection (a)—
</text>
<paragraph id="H896A868D45C94636B8AE5A7FCE967348">
<enum>
(1)
</enum>
<text>
job exploration counseling;
</text>
</paragraph>
<paragraph id="H964B01BF308244B58E201B373E1EB1A2">
<enum>
(2)
</enum>
<text>
work-based learning experiences, which may include in-school or after school opportunities, or experience outside the traditional school setting (including internships), that is provided in an integrated environment to the maximum extent possible;
</text>
</paragraph>
<paragraph id="H657A7BB26E8D4EED94FD38F2E025677D">
<enum>
(3)
</enum>
<text>
counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education;
</text>
</paragraph>
<paragraph id="H8A56A6A2A36C43538A89243F18CF4B17">
<enum>
(4)
</enum>
<text>
workplace readiness training to develop social skills and independent living; and
</text>
</paragraph>
<paragraph id="H068F108CFFBF4FB9B1FFF4832CE3FB77">
<enum>
(5)
</enum>
<text>
instruction in self-advocacy, which may include peer mentoring.
</text>
</paragraph>
</subsection>
<subsection id="H60DD28AA380B41BC91C9440292BA24E4">
<enum>
(c)
</enum>
<header>
Authorized activities
</header>
<text>
Funds available under subsection (a) and remaining after the provision of the required activities described in subsection (b) may be used to improve the transition of students with disabilities described in subsection (a) from school to postsecondary education or an employment outcome by—
</text>
<paragraph id="HA298B126290B49E194716AE3045D1E9C">
<enum>
(1)
</enum>
<text>
implementing effective strategies to increase the likelihood of independent living and inclusion in communities and competitive integrated workplaces;
</text>
</paragraph>
<paragraph id="HB167C7049A6B4030AED78091C3090C1F">
<enum>
(2)
</enum>
<text>
developing and improving strategies for individuals with intellectual disabilities and individuals with significant disabilities to live independently, participate in postsecondary education experiences, and obtain and retain competitive integrated employment;
</text>
</paragraph>
<paragraph id="HDA44DECC9BF4409DBA9CAD2B62CD7CAE">
<enum>
(3)
</enum>
<text>
providing instruction to vocational rehabilitation counselors, school transition personnel, and other persons supporting students with disabilities;
</text>
</paragraph>
<paragraph id="HC809ED41B9B9420592F3EBEFB758867B">
<enum>
(4)
</enum>
<text>
disseminating information about innovative, effective, and efficient approaches to achieve the goals of this section;
</text>
</paragraph>
<paragraph id="H23B708E303F7426BB9DCC6C3CFD8C2A5">
<enum>
(5)
</enum>
<text>
coordinating activities with transition services provided by local educational agencies under the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1400">
20 U.S.C. 1400 et seq.
</external-xref>
);
</text>
</paragraph>
<paragraph id="HA307EBEFB6DD4053818A2A73A33929E3">
<enum>
(6)
</enum>
<text>
applying evidence-based findings to improve policy, procedure, practice, and the preparation of personnel, in order to better achieve the goals of this section;
</text>
</paragraph>
<paragraph id="H26006EFA91414FA488798B2C8A4D9291">
<enum>
(7)
</enum>
<text>
developing model transition demonstration projects;
</text>
</paragraph>
<paragraph id="H7F89FDD2DD76457385D21B7EAF646DE8">
<enum>
(8)
</enum>
<text>
establishing or supporting multistate or regional partnerships involving States, local educational agencies, designated State units, developmental disability agencies, private businesses, or other participants to achieve the goals of this section; and
</text>
</paragraph>
<paragraph id="HA3A1B1863B8A4DDBA775C54C5985919F">
<enum>
(9)
</enum>
<text>
disseminating information and strategies to improve the transition to postsecondary activities of individuals who are members of traditionally unserved populations.
</text>
</paragraph>
</subsection>
<subsection id="H917EF0FE0FA84EE488F0B36D5C00C43C">
<enum>
(d)
</enum>
<header>
Pre-Employment transition coordination
</header>
<text>
Each local office of a designated State unit shall carry out responsibilities consisting of—
</text>
<paragraph id="HED87729E88EE47E9A4D8569DBAA650CD">
<enum>
(1)
</enum>
<text>
attending individualized education program meetings for students with disabilities, when invited;
</text>
</paragraph>
<paragraph id="H2E2A8223ECA3405FB050287DEE9C22D0">
<enum>
(2)
</enum>
<text>
working with the local workforce development boards, one-stop centers, and employers to develop work opportunities for students with disabilities, including internships, summer employment and other employment opportunities available throughout the school year, and apprenticeships;
</text>
</paragraph>
<paragraph id="H6C1F67B07F444C20BAACFC96B8074BF2">
<enum>
(3)
</enum>
<text>
work with schools, including those carrying out activities under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1414">
20 U.S.C. 1414(d)(1)(A)(i)(VIII)
</external-xref>
), to coordinate and ensure the provision of pre-employment transition services under this section; and
</text>
</paragraph>
<paragraph id="H75FBBE14714D4A88995D9CCF23FE8A8A">
<enum>
(4)
</enum>
<text>
when invited, attend person-centered planning meetings for individuals receiving services under title XIX of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1396">
42 U.S.C. 1396 et seq.
</external-xref>
).
</text>
</paragraph>
</subsection>
<subsection id="HC8D77501774D4933A16B967895209F2A">
<enum>
(e)
</enum>
<header>
National pre-employment transition coordination
</header>
<text>
The Secretary shall support designated State agencies providing services under this section, highlight best State practices, and consult with other Federal agencies to advance the goals of this section.
</text>
</subsection>
<subsection id="H9AB740261FFC43FCB37B8103C966A48E">
<enum>
(f)
</enum>
<header>
Support
</header>
<text>
In carrying out this section, States shall address the transition needs of all students with disabilities, including such students with physical, sensory, intellectual, and mental health disabilities.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H50C151BAE35A4D378C9C90D334FCF522">
<enum>
423.
</enum>
<header>
American Indian vocational rehabilitation services
</header>
<text display-inline="no-display-inline">
Section 121 (
<external-xref legal-doc="usc" parsable-cite="usc/29/741">
29 U.S.C. 741
</external-xref>
) is amended—
</text>
<paragraph id="H5FFAB7B940A04B60B42C52B830321EE1">
<enum>
(1)
</enum>
<text>
in subsection (a), in the first sentence, by inserting before the period the following:
<quote>
(referred to in this section as
<quote>
eligible individuals
</quote>
), consistent with such eligible individuals' strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employment that will increase opportunities for economic self-sufficiency
</quote>
;
</text>
</paragraph>
<paragraph id="HCC754B6D25D44BBC915C81C18AAD2566">
<enum>
(2)
</enum>
<text>
in subsection (b)(1)—
</text>
<subparagraph id="H420AE03D032E41959730554A8E23D39D">
<enum>
(A)
</enum>
<text>
in subparagraph (B), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="H74FF1488E97B4A978AE2E8F37D7E07E2">
<enum>
(B)
</enum>
<text>
in subparagraph (C), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H0DAE26B178EA4651BB0FE686681221B8">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HDAB64736C7A5455A90EB1771BE777D19" style="OLC">
<subparagraph id="HBE4CBDB8EB874DF0988F5B48240F0BFB">
<enum>
(D)
</enum>
<text>
contains assurances that—
</text>
<clause id="H779C46BD71BF48349FEEEEC7782D293D">
<enum>
(i)
</enum>
<text>
all decisions affecting eligibility for vocational rehabilitation services, the nature and scope of available vocational rehabilitation services and the provision of such services will, consistent with this title, be made by a representative of the tribal vocational rehabilitation program funded through the grant; and
</text>
</clause>
<clause id="HD216B8556EC748A0AD9C88DEC0F3F69E">
<enum>
(ii)
</enum>
<text>
such decisions will not be delegated to another agency or individual.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HB83C09EA325A4C989121F56C46EB5437">
<enum>
(3)
</enum>
<text>
by redesignating subsection (c) as subsection (d); and
</text>
</paragraph>
<paragraph id="H544D71ADEC914D7EBB7C37E9179BD1BA">
<enum>
(4)
</enum>
<text>
by inserting after subsection (b) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5A91705F1DDF43E98D1FC003B6010FD3" style="OLC">
<subsection id="H0BA6E336737D48CEBC04C2A04943A84D">
<enum>
(c)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="H124755F9386340FBAC1619B17D085C7D">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2015, the Commissioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide training and technical assistance to governing bodies described in subsection (a) for such fiscal year.
</text>
</paragraph>
<paragraph id="H74A91AAFA5AE4779918674DD1F99695E" indent="up1">
<enum>
(2)
</enum>
<text>
From the funds reserved under paragraph (1), the Commissioner shall make grants to, or enter into contracts or other cooperative agreements with, entities that have experience in the operation of vocational rehabilitation services programs under this section to provide such training and technical assistance with respect to developing, conducting, administering, and evaluating such programs.
</text>
</paragraph>
<paragraph id="H03299D206E674D46938FAA994C585858" indent="up1">
<enum>
(3)
</enum>
<text>
The Commissioner shall conduct a survey of the governing bodies regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, or cooperative agreements.
</text>
</paragraph>
<paragraph id="H2B6DF95946D64DAF8E2C73FB22958A9E" indent="up1">
<enum>
(4)
</enum>
<text>
To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, such an entity shall submit an application to the Commissioner at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the Commissioner may require. The Commissioner shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the operation of vocational rehabilitation services programs under this section.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H2247A3E44228424398E64CEFE9535A5E">
<enum>
424.
</enum>
<header>
Vocational rehabilitation services client information
</header>
<text display-inline="no-display-inline">
Section 131(a)(2) (
<external-xref legal-doc="usc" parsable-cite="usc/29/751">
29 U.S.C. 751(a)(2)
</external-xref>
) is amended by striking
<quote>
title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</section>
</subtitle>
<subtitle id="H2C483009A7AF4DF5A6B159284AC3EB9E">
<enum>
C
</enum>
<header>
Research and Training
</header>
<section id="H3B329DB60A9441F2A4E2D0180A94349F">
<enum>
431.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
Section 200 (
<external-xref legal-doc="usc" parsable-cite="usc/29/760">
29 U.S.C. 760
</external-xref>
) is amended—
</text>
<paragraph id="H25B6CF1E3CCC4ADB81B62E14DBF4D7C0">
<enum>
(1)
</enum>
<text>
in paragraph (1), by inserting
<quote>
technical assistance,
</quote>
after
<quote>
training,
</quote>
;
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H50DF07DF6EFA49EEADF449FB70C3E5A7">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in paragraph (2), by inserting
<quote>
technical assistance,
</quote>
after
<quote>
training,
</quote>
;
</text>
</paragraph>
<paragraph id="H0F77F788EF70474E801AC44ED598A44C">
<enum>
(3)
</enum>
<text>
in paragraph (3), in the matter preceding subparagraph (A)—
</text>
<subparagraph id="H8F66D1B79FCA4CFAADEE13AE8476DEC7">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
and use
</quote>
after
<quote>
transfer
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA7DD62BE143D4F57AC071365D03E7B7B">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
, in a timely and efficient manner,
</quote>
after
<quote>
disabilities
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H2EC61E94D8724843B856AA0B7F89F7D8">
<enum>
(4)
</enum>
<text>
in paragraph (4), by striking
<quote>
distribution
</quote>
and inserting
<quote>
dissemination
</quote>
;
</text>
</paragraph>
<paragraph id="HED0C18CA7DC54DB48D75542DC362E757">
<enum>
(5)
</enum>
<text>
in paragraph (5)—
</text>
<subparagraph id="H0DC6AFD57E214F648E8419526ADFD231">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
, including individuals with intellectual and psychiatric disabilities,
</quote>
after
<quote>
disabilities
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H4EDF104780F84F13A2ED8ED1CFBBBDE1">
<enum>
(B)
</enum>
<text>
by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subparagraph>
</paragraph>
<paragraph id="H3EC271031D7B47F7AC8164AA698B6506">
<enum>
(6)
</enum>
<text>
by redesignating paragraph (6) as paragraph (7);
</text>
</paragraph>
<paragraph id="HC05CCB5A67D1478FA0E291C608CF8475">
<enum>
(7)
</enum>
<text>
by inserting after paragraph (5) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3F543492DC4A48C68EA2164387A4AD2C" style="OLC">
<paragraph id="HAB6626D67D20493C8153C7835F38D662">
<enum>
(6)
</enum>
<text>
identify strategies for effective coordination of services to job seekers with disabilities available through programs of one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HECC1955A7EF24D4EAF1E7DE0EDCAAF65">
<enum>
(8)
</enum>
<text>
in paragraph (7), as redesignated by paragraph (6), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="HA8764CF8CBD24E4AA5ACA8FCA553BEB6">
<enum>
(9)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HCA03B0E3CF0E427FAD633975834EAD36" style="OLC">
<paragraph id="HDD9E6A227C984D9387ADCDA6196DDAD5">
<enum>
(8)
</enum>
<text>
identify effective strategies for supporting the employment of individuals with disabilities in competitive integrated employment.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section commented="no" id="H02B05AA7A40E48D88F43C0D32FB68D6E">
<enum>
432.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
Section 201 (
<external-xref legal-doc="usc" parsable-cite="usc/29/761">
29 U.S.C. 761
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HA50AE2D68F3D44ECA9669E2921CB79BA" style="OLC">
<section commented="no" id="H330AC0C3640D4C79854D756BD032975E">
<enum>
201.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
There are authorized to be appropriated to carry out this title $103,970,000 for fiscal year 2015, $112,001,000 for fiscal year 2016, $114,325,000 for fiscal year 2017, $116,860,000 for fiscal year 2018, $119,608,000 for fiscal year 2019, and $122,143,000 for fiscal year 2020.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H02B8E35F4640439BA25614A0268DA8DA">
<enum>
433.
</enum>
<header>
National Institute on Disability, Independent Living, and Rehabilitation Research
</header>
<text display-inline="no-display-inline">
Section 202 (
<external-xref legal-doc="usc" parsable-cite="usc/29/762">
29 U.S.C. 762
</external-xref>
) is amended—
</text>
<paragraph id="H0D5EC5655A7F4E218F5AD1E27F6A4C17">
<enum>
(1)
</enum>
<text>
in the section heading, by inserting
<quote>
,
<header-in-text level="section" style="traditional">
Independent Living,
</header-in-text>
</quote>
after
<quote>
<header-in-text level="section" style="traditional">
Disability
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="H2960E3C1805C40A4A61FB38AA8F44799">
<enum>
(2)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="H7B6C4C4294674ABCB7B16F763C74E4D0">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="H34E9CFB6AABA4BB783C497E7E1E5B5B5">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
Department of Education
</quote>
and all that follows through
<quote>
which
</quote>
and inserting
<quote>
Administration for Community Living of the Department of Health and Human Services a National Institute on Disability, Independent Living, and Rehabilitation Research (referred to in this title as the
<quote>
Institute
</quote>
), which
</quote>
; and
</text>
</clause>
<clause id="HAA7E51E0109F4503946A5BAEC1E4AC76">
<enum>
(ii)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="HF95F83FEC39F4446A2D0C04982D95F88">
<enum>
(I)
</enum>
<text>
in clause (ii), by striking
<quote>
and training; and
</quote>
and inserting
<quote>
, training, and technical assistance;
</quote>
;
</text>
</subclause>
<subclause id="H737721CCCC68418FA77982ADDA60BB8A">
<enum>
(II)
</enum>
<text>
by redesignating clause (iii) as clause (iv); and
</text>
</subclause>
<subclause id="H6DCDC337C1914CE58491EC52C1D92799">
<enum>
(III)
</enum>
<text>
by inserting after clause (ii) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H68110D72E42E46E4A98179D55027E2D7" style="OLC">
<clause id="HC543CEBF7FE340D39E27B533F8F84B05" indent="up1">
<enum>
(iii)
</enum>
<text>
outreach and information that clarifies research implications for policy and practice; and
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HF9F9DCE9BB0244AB8121FDF001007E2E">
<enum>
(B)
</enum>
<text>
in paragraph (2), by striking
<quote>
directly
</quote>
and all that follows through the period and inserting
<quote>
directly responsible to the Administrator for the Administration for Community Living of the Department of Health and Human Services.
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HFBF0B6A065384753A18BCB71CAF62053">
<enum>
(3)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="H37742F36E3034D2A949DCA714AA18A34">
<enum>
(A)
</enum>
<text>
in paragraph (2), by striking subparagraph (B) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H76A98A738B734746885E3307134C4369" style="OLC">
<subparagraph id="HA8FADB6A713646E485328A9C63FF9FDA">
<enum>
(B)
</enum>
<text>
private organizations engaged in research relating to—
</text>
<clause id="HD38B974369D94CA7B6D8C74B3327013E">
<enum>
(i)
</enum>
<text>
independent living;
</text>
</clause>
<clause id="H45C594AB91D440898BDB3B9D271F9E13">
<enum>
(ii)
</enum>
<text>
rehabilitation; or
</text>
</clause>
<clause id="HFE60E64DD76B44D9A475BA9EC26871D7">
<enum>
(iii)
</enum>
<text>
providing rehabilitation or independent living services;
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H5ED25181A16B465D83562D4D75AD74CC">
<enum>
(B)
</enum>
<text>
in paragraph (3), by striking
<quote>
in rehabilitation
</quote>
and inserting
<quote>
on disability, independent living, and rehabilitation
</quote>
;
</text>
</subparagraph>
<subparagraph id="H4ACF16043E524A178D79EE1379B0D4B4">
<enum>
(C)
</enum>
<text>
in paragraph (4)—
</text>
<clause id="H064D34A8F79A451D8C9A0E5C0B7EA422">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by inserting
<quote>
education, health and wellness,
</quote>
after
<quote>
independent living,
</quote>
; and
</text>
</clause>
<clause id="H67F7037549B744AFB51E2D13BB4788F5">
<enum>
(ii)
</enum>
<text>
by striking subparagraphs (A) through (D) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5AC1175B836F4689B8269A64BD22276E" style="OLC">
<subparagraph id="HB07F0E08377E416E91B544265181AFC9">
<enum>
(A)
</enum>
<text>
public and private entities, including—
</text>
<clause id="HA2612AB393134DEBB47C4C3CE2100836">
<enum>
(i)
</enum>
<text>
elementary schools and secondary schools (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/7801">
20 U.S.C. 7801
</external-xref>
)); and
</text>
</clause>
<clause id="HB627BD203ED44A65A5653734FC8E0064">
<enum>
(ii)
</enum>
<text>
institutions of higher education;
</text>
</clause>
</subparagraph>
<subparagraph id="HF281181D1D7242EF97C021779867F4F3">
<enum>
(B)
</enum>
<text>
rehabilitation practitioners;
</text>
</subparagraph>
<subparagraph id="H1BC61F440E5F4FC6B2EB2562C5439256">
<enum>
(C)
</enum>
<text>
employers and organizations representing employers with respect to employment-based educational materials or research;
</text>
</subparagraph>
<subparagraph id="H769A9A5209714CF1BCC3B05A835CD241">
<enum>
(D)
</enum>
<text>
individuals with disabilities (especially such individuals who are members of minority groups or of populations that are unserved or underserved by programs under this Act);
</text>
</subparagraph>
<subparagraph id="H2CC465AA001C4ADE9FAF8964B3A29A37">
<enum>
(E)
</enum>
<text>
the individuals' representatives for the individuals described in subparagraph (D); and
</text>
</subparagraph>
<subparagraph id="H0B8FC8F229164DF7BEDEB4C2EE950141">
<enum>
(F)
</enum>
<text>
the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the Senate;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H4889B4A42D6547BFB01DC0E793434BD2">
<enum>
(D)
</enum>
<text>
in paragraph (6)—
</text>
<clause id="H5C3D664D2B4B48A79D30970E3355BC08">
<enum>
(i)
</enum>
<text>
by striking
<quote>
advances in rehabilitation
</quote>
and inserting
<quote>
advances in disability, independent living, and rehabilitation
</quote>
; and
</text>
</clause>
<clause id="H617692FF035D4B1A8D30CF4070C7014A">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
education, health and wellness,
</quote>
after
<quote>
employment, independent living,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H3A8C84295BD948E19B9218F4441C59B6">
<enum>
(E)
</enum>
<text>
by striking paragraph (7);
</text>
</subparagraph>
<subparagraph id="HAFB4EFD06BD64F9DBF157961262D0569">
<enum>
(F)
</enum>
<text>
by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively;
</text>
</subparagraph>
<subparagraph id="H9330BD7264B9404C88C8E569120D76DA">
<enum>
(G)
</enum>
<text>
in paragraph (7), as redesignated by subparagraph (F)—
</text>
<clause id="H17AD3AB1BCEC45C6878A56228BEFDE4C">
<enum>
(i)
</enum>
<text>
by striking
<quote>
health, income,
</quote>
and inserting
<quote>
health and wellness, income, education,
</quote>
; and
</text>
</clause>
<clause id="H7DB845A8DD1945608C8DC34442172FAB">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
and evaluation of vocational and other
</quote>
and inserting
<quote>
and evaluation of independent living, vocational, and
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H2C2C01B3D18E4FC380643F79D29D8C8E">
<enum>
(H)
</enum>
<text>
in paragraph (8), as redesignated by subparagraph (F), by striking
<quote>
with vocational rehabilitation services for the purpose of identifying effective rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of long-term vocational goals
</quote>
and inserting
<quote>
with independent living and vocational rehabilitation services for the purpose of identifying effective independent living and rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of long-term independent living and employment goals
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H48972C95E58B428CA7559E677EAF8BE6">
<enum>
(I)
</enum>
<text>
in paragraph (9), as redesignated by subparagraph (F), by striking
<quote>
and telecommuting; and
</quote>
and inserting
<quote>
, supported employment (including customized employment), and telecommuting; and
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HC36292C2D7AA4C6E93C670D470C39912">
<enum>
(4)
</enum>
<text>
in subsection (d)(1), by striking the second sentence and inserting the following:
<quote>
The Director shall be an individual with substantial knowledge of and experience in independent living, rehabilitation, and research administration.
</quote>
;
</text>
</paragraph>
<paragraph id="H3BC8D6E79A5B4DB0A888D2466615113A">
<enum>
(5)
</enum>
<text>
in subsection (f)(1), by striking the second sentence and inserting the following:
<quote>
The scientific peer review shall be conducted by individuals who are not Department of Health and Human Services employees. The Secretary shall consider for peer review individuals who are scientists or other experts in disability, independent living, and rehabilitation, including individuals with disabilities and the individuals’ representatives, and who have sufficient expertise to review the projects.
</quote>
;
</text>
</paragraph>
<paragraph id="H09EF21EED6274734A725912D33EC0598">
<enum>
(6)
</enum>
<text>
in subsection (h)—
</text>
<subparagraph id="H58FC65C57FCB486BA7952EC86308135E">
<enum>
(A)
</enum>
<text>
in paragraph (1)(A)—
</text>
<clause id="H8B731DC2A5304B68AA37E80A6745AFF4">
<enum>
(i)
</enum>
<text>
by striking
<quote>
priorities for rehabilitation research,
</quote>
and inserting
<quote>
priorities for disability, independent living, and rehabilitation research,
</quote>
; and
</text>
</clause>
<clause id="H0C3038839F8143B89A0CBF6678BB1539">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
dissemination,
</quote>
after
<quote>
training,
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H6447B13E3B544ED3AF8AA7946ECA2B55">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="H5968083DFC9148F9B84DF46AC656A2D0">
<enum>
(i)
</enum>
<text>
in subparagraph (A), by striking
<quote>
especially in the area of employment
</quote>
and inserting
<quote>
especially in the areas of employment and independent living
</quote>
;
</text>
</clause>
<clause id="HC7F26939D09A4C7D92891CF4F83A717B">
<enum>
(ii)
</enum>
<text>
in subparagraph (D)—
</text>
<subclause id="HFA8A40B22BE9499588BB7C59C1B58030">
<enum>
(I)
</enum>
<text>
by striking
<quote>
developed by the Director
</quote>
and inserting
<quote>
coordinated with the strategic plan required under section 203(c)
</quote>
;
</text>
</subclause>
<subclause id="H4D91F938C0B24E47A05ADA796539854F">
<enum>
(II)
</enum>
<text>
in clause (i), by striking
<quote>
Rehabilitation
</quote>
and inserting
<quote>
Disability, Independent Living, and Rehabilitation
</quote>
;
</text>
</subclause>
<subclause id="HDB6C6919FD434B0D97D2B7D2411BF39F">
<enum>
(III)
</enum>
<text>
in clause (ii), by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
Administrator
</quote>
; and
</text>
</subclause>
<subclause id="H1329D2FF3C654CBFB72F99697C30D516">
<enum>
(IV)
</enum>
<text>
in clause (iv), by striking
<quote>
researchers in the rehabilitation field
</quote>
and inserting
<quote>
researchers in the independent living and rehabilitation fields
</quote>
;
</text>
</subclause>
</clause>
<clause id="HD7E564A867A84403BAD4B477E7A57F76">
<enum>
(iii)
</enum>
<text>
by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;
</text>
</clause>
<clause id="H14F3CFDA474A4555B92D2FBABFFE5029">
<enum>
(iv)
</enum>
<text>
by inserting after subparagraph (D) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H453188A738824C0A9152C80DEDE1149A" style="OLC">
<subparagraph id="H2EEBFA9030874BDB8C9D106D337BF6BE" indent="up1">
<enum>
(E)
</enum>
<text>
be developed by the Director;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HE878BC3C13224829841EB88B74B30751">
<enum>
(v)
</enum>
<text>
in subparagraph (F), as redesignated by clause (iii), by inserting
<quote>
and information that clarifies implications of the results for practice,
</quote>
after
<quote>
covered activities,
</quote>
; and
</text>
</clause>
<clause id="HA3861F76837446648428DC337371940E">
<enum>
(vi)
</enum>
<text>
in subparagraph (G), as redesignated by clause (iii), by inserting
<quote>
and information that clarifies implications of the results for practice
</quote>
after
<quote>
covered activities
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H60A70D7E33F44BFA8C4E899F4A70247C">
<enum>
(7)
</enum>
<text>
in subsection (j), by striking paragraph (3); and
</text>
</paragraph>
<paragraph id="H2BF557645B0648C19618E7C7561426D6">
<enum>
(8)
</enum>
<text>
by striking subsection (k) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H833509AFB5A04B58B8AB1CD70D6E6F81" style="OLC">
<subsection id="HE339A905CEB147E1880137EE01E94AEB">
<enum>
(k)
</enum>
<text>
The Director shall make grants to institutions of higher education for the training of independent living and rehabilitation researchers, including individuals with disabilities and traditionally underserved populations of individuals with disabilities, as described in section 21, with particular attention to research areas that—
</text>
<paragraph id="HA6E20335B730453090E737AC190C1C5A">
<enum>
(1)
</enum>
<text>
support the implementation and objectives of this Act; and
</text>
</paragraph>
<paragraph id="HBC1538E0E65842B098C2BAC365CBDE9C">
<enum>
(2)
</enum>
<text>
improve the effectiveness of services authorized under this Act.
</text>
</paragraph>
</subsection>
<subsection id="H523283B10F09458C90A368D0B20A2855">
<enum>
(l)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="HC47433B95D644FE2B52F8AA8AE515BE5">
<enum>
(1)
</enum>
<text>
Not later than December 31 of each year, the Director shall prepare, and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives, a report on the activities funded under this title.
</text>
</paragraph>
<paragraph id="HC26C31C11DE84F7FA4B177F66345CA34" indent="up1">
<enum>
(2)
</enum>
<text>
The report under paragraph (1) shall include—
</text>
<subparagraph id="H96EC6627B67A48C29984D07151A335DB">
<enum>
(A)
</enum>
<text>
a compilation and summary of the information provided by recipients of funding for such activities under this title;
</text>
</subparagraph>
<subparagraph id="H5B605B999FAE4780B727B86BF55D35CA">
<enum>
(B)
</enum>
<text>
a summary describing the funding received under this title and the progress of the recipients of the funding in achieving the measurable goals described in section 204(d)(2); and
</text>
</subparagraph>
<subparagraph id="HFBA9A88215924C1CB1824B242A526578">
<enum>
(C)
</enum>
<text>
a summary of implications of research outcomes on practice.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H279D8A864999496297D76B694DE84B8D">
<enum>
(m)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="HBF90C5B9FFBD45B0B561038B183729D2">
<enum>
(1)
</enum>
<text>
If the Director determines that an entity that receives funding under this title fails to comply with the applicable requirements of this Act, or to make progress toward achieving the measurable goals described in section 204(d)(2), with respect to the covered activities involved, the Director shall utilize available monitoring and enforcement measures.
</text>
</paragraph>
<paragraph id="H90FDF24DE4B6406399BF6431B8CC62AE" indent="up1">
<enum>
(2)
</enum>
<text>
As part of the annual report required under subsection (l), the Secretary shall describe each action taken by the Secretary under paragraph (1) and the outcomes of such action.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HE33B23C1488848169F917B56F48C5485">
<enum>
434.
</enum>
<header>
Interagency committee
</header>
<text display-inline="no-display-inline">
Section 203 (
<external-xref legal-doc="usc" parsable-cite="usc/29/763">
29 U.S.C. 763
</external-xref>
) is amended—
</text>
<paragraph id="H4C64849E302A45AEBD257BC67EFB8CD2">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="HF01027AA263448E7AE6216802359AF47">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="H143DC6A00F264709A2C6963E07D6251B">
<enum>
(i)
</enum>
<text>
by striking
<quote>
conducting rehabilitation research
</quote>
and inserting
<quote>
conducting disability, independent living, and rehabilitation research
</quote>
;
</text>
</clause>
<clause id="H470444B1ACD44B4ABA944DCF4845B6F4">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
chaired by the Director
</quote>
and inserting
<quote>
chaired by the Secretary, or the Secretary's designee,
</quote>
;
</text>
</clause>
<clause id="HF739FF2FFECB4AFDB88E5AFB87CCCD44">
<enum>
(iii)
</enum>
<text>
by inserting
<quote>
the Assistant Secretary of Labor for Disability Employment Policy, the Secretary of Defense, the Administrator of the Administration for Community Living,
</quote>
after
<quote>
Assistant Secretary for Special Education and Rehabilitative Services,
</quote>
; and
</text>
</clause>
<clause id="H70C79388E7FF473EBA6B16ABDE3E576F">
<enum>
(iv)
</enum>
<text>
by striking
<quote>
and the Director of the National Science Foundation.
</quote>
and inserting
<quote>
the Director of the National Science Foundation and the Administrator of the Small Business Administration.
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="HC2ED25F7B27C4AA4B98A5AF5D3F9F80A">
<enum>
(B)
</enum>
<text>
in paragraph (2), by inserting
<quote>
, and for not less than 1 of such meetings at least every 2 years, the Committee shall invite policymakers, representatives from other Federal agencies conducting relevant research, individuals with disabilities, organizations representing individuals with disabilities, researchers, and providers, to offer input on the Committee’s work, including the development and implementation of the strategic plan required under subsection (c)
</quote>
after
<quote>
each year
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H2256A4305BDD49DEB7B0F286E78549F0">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="HC7A649C556694A42B91DA338FCD5D0F5">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="HEB9B22EF55D94E408FECB7179ECCCE70">
<enum>
(i)
</enum>
<text>
by striking
<quote>
from targeted individuals
</quote>
and inserting
<quote>
individuals with disabilities
</quote>
; and
</text>
</clause>
<clause id="H6BB25028401E4838942ACC38ECDC6E3E">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
independent living and
</quote>
before
<quote>
rehabilitation
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H361664A3B87548C0B08F30D395910772">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="HB30E159EAA1843EBAFEFB19C46F50724">
<enum>
(i)
</enum>
<text>
in subparagraph (A), by inserting
<quote>
independent living research,
</quote>
after
<quote>
assistive technology research,
</quote>
;
</text>
</clause>
<clause id="HC02CD9F000724403AC5D35038E2441D1">
<enum>
(ii)
</enum>
<text>
in subparagraph (B), by inserting
<quote>
, independent living research,
</quote>
after
<quote>
technology research
</quote>
;
</text>
</clause>
<clause id="HD3A6ED398EF540CDB26A102E64066D37">
<enum>
(iii)
</enum>
<text>
in subparagraph (D), by striking
<quote>
and research that incorporates the principles of universal design
</quote>
and inserting
<quote>
, independent living research, and research that incorporates the principles of universal design
</quote>
; and
</text>
</clause>
<clause id="H74FF5B351F1441BD8EDD045CCC4A4B13">
<enum>
(iv)
</enum>
<text>
in subparagraph (E), by striking
<quote>
and research that incorporates the principles of universal design.
</quote>
and inserting
<quote>
, independent living research, and research that incorporates the principles of universal design.
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H619E474E4DB0458AA94B9852735A4C14">
<enum>
(3)
</enum>
<text>
by striking subsection (d);
</text>
</paragraph>
<paragraph id="HF53C4FD168004255A4101273E0630806">
<enum>
(4)
</enum>
<text>
by redesignating subsection (c) as subsection (d);
</text>
</paragraph>
<paragraph id="H05A73D3FA83F4406A671DA81FE4D2DD6">
<enum>
(5)
</enum>
<text>
by inserting after subsection (b) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H58591C5DEB9040EF8A9616851A81482E" style="OLC">
<subsection id="H8463E39758C743CAAA3E0E775D8AFE00">
<enum>
(c)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="HDF1C01A561E74054A48FB833E045D79A">
<enum>
(1)
</enum>
<text>
The Committee shall develop a comprehensive government wide strategic plan for disability, independent living, and rehabilitation research.
</text>
</paragraph>
<paragraph id="H09B5E31B6B0B4DF7951CD8375A810497" indent="up1">
<enum>
(2)
</enum>
<text>
The strategic plan shall include, at a minimum—
</text>
<subparagraph id="H999E5EE46E634A64A9B44068C162990A">
<enum>
(A)
</enum>
<text>
a description of the—
</text>
<clause id="HBBF069966AED45F2BEC622C583AEEA99">
<enum>
(i)
</enum>
<text>
measurable goals and objectives;
</text>
</clause>
<clause id="H912D5126543D49FAA4AA657D115582D2">
<enum>
(ii)
</enum>
<text>
existing resources each agency will devote to carrying out the plan;
</text>
</clause>
<clause id="H7BEDAC7583DE40B3B2B01EFB7380A81F">
<enum>
(iii)
</enum>
<text>
timetables for completing the projects outlined in the plan; and
</text>
</clause>
<clause id="H84CEC10126A54994AFF6F9D84C63B195">
<enum>
(iv)
</enum>
<text>
assignment of responsible individuals and agencies for carrying out the research activities;
</text>
</clause>
</subparagraph>
<subparagraph id="HE875546F32E94B698E1E4D37B09E7BB8">
<enum>
(B)
</enum>
<text>
research priorities and recommendations;
</text>
</subparagraph>
<subparagraph id="HB56A234044064DC7A14E8C25D08AF738">
<enum>
(C)
</enum>
<text>
a description of how funds from each agency will be combined, as appropriate, for projects administered among Federal agencies, and how such funds will be administered;
</text>
</subparagraph>
<subparagraph id="HFA819BEB0E8141FDBC9D7F145F3FD5BA">
<enum>
(D)
</enum>
<text>
the development and ongoing maintenance of a searchable government wide inventory of disability, independent living, and rehabilitation research for trend and data analysis across Federal agencies;
</text>
</subparagraph>
<subparagraph id="HCB46A1406C0E4AD79D59BCEE749B8C98">
<enum>
(E)
</enum>
<text>
guiding principles, policies, and procedures, consistent with the best research practices available, for conducting and administering disability, independent living, and rehabilitation research across Federal agencies; and
</text>
</subparagraph>
<subparagraph id="H973D96E95B4C40738BEEF5178BB0A213">
<enum>
(F)
</enum>
<text>
a summary of underemphasized and duplicative areas of research.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5B30D5772BD044268B00C020DA3BD8E0" indent="up1">
<enum>
(3)
</enum>
<text>
The strategic plan described in this subsection shall be submitted to the President and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H71FAE61396C04A1D966CE54052DD907E">
<enum>
(6)
</enum>
<text>
in subsection (d), as redesignated by paragraph (4)—
</text>
<subparagraph id="H46D38854C90C44E08C64D18F96C13B64">
<enum>
(A)
</enum>
<text>
in the matter preceding paragraph (1), by striking
<quote>
Committee on Labor and Human Resources of the Senate
</quote>
and inserting
<quote>
Committee on Health, Education, Labor, and Pensions of the Senate
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HEED39A249E1D44379AE777A9B98F1B35">
<enum>
(B)
</enum>
<text>
by striking paragraph (1) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H77197A2CF3CE4312898652C3A96775F2" style="OLC">
<paragraph id="H83D58D3F54FF43C28B48C928A57A7AFF">
<enum>
(1)
</enum>
<text>
describes the progress of the Committee in fulfilling the duties described in subsections (b) and (c), and including specifically for subsection (c)—
</text>
<subparagraph id="HE2CF55EE5EBD48379B8019B54DAD0A49">
<enum>
(A)
</enum>
<text>
a report of the progress made in implementing the strategic plan, including progress toward implementing the elements described in subsection (c)(2)(A); and
</text>
</subparagraph>
<subparagraph id="HDACB9F892150449DB9CA2C7BC49774B3">
<enum>
(B)
</enum>
<text>
detailed budget information.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H233B69F8D1C14B908723186F779385D8">
<enum>
(7)
</enum>
<text>
in subsection (e), by striking paragraph (2) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H536B3B96EBA642C594E5166E6F1BEC53" style="OLC">
<paragraph commented="no" id="H425E10E37E134F998321E434103BBA2E">
<enum>
(2)
</enum>
<text>
the term
<quote>
independent living
</quote>
, used in connection with research, means research on issues and topics related to attaining maximum self-sufficiency and function by individuals with disabilities, including research on assistive technology and universal design, employment, education, health and wellness, and community integration and participation.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H0913EF8E51884DA4848053ED44D94E18">
<enum>
435.
</enum>
<header>
Research and other covered activities
</header>
<text display-inline="no-display-inline">
Section 204 (
<external-xref legal-doc="usc" parsable-cite="usc/29/764">
29 U.S.C. 764
</external-xref>
) is amended—
</text>
<paragraph id="H019618E82E954A358B888E174D209A9C">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (a)—
</text>
<subparagraph id="H2EFBB7B312354B51897234CCF8479154">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="H30D642FD5813463D84007517274A287A">
<enum>
(i)
</enum>
<text>
by striking
<quote>
pay
</quote>
and inserting
<quote>
fund
</quote>
;
</text>
</clause>
<clause id="HD5355636170347318DF53A8C438AC107">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
have practical applications and
</quote>
before
<quote>
maximize
</quote>
; and
</text>
</clause>
<clause id="H1649497D6C1141A487C2C5253EA0FF99">
<enum>
(iii)
</enum>
<text>
by striking
<quote>
employment, independent living,
</quote>
and inserting
<quote>
employment, education, independent living, health and wellness,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HB345B4D2756E4AD5B769354742F07862">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="HFBD4BC27B40344B8A09F401A613A9BD0">
<enum>
(i)
</enum>
<text>
in subparagraph (A), by inserting
<quote>
and from which the research findings, conclusions, or recommendations can be transferred to practice
</quote>
after
<quote>
State agencies
</quote>
;
</text>
</clause>
<clause id="H7488AA54E52E4DB1B426FAFC3A1DA09B">
<enum>
(ii)
</enum>
<text>
in subparagraph (B)—
</text>
<subclause id="HC28454863C054262AFBD9BE973F6EC8C">
<enum>
(I)
</enum>
<text>
by striking clause (ii) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3636E6BD0AA3474A824505D7A988C579" style="OLC">
<clause id="H3A5EB4E79C7444C4911A00B606AD818D" indent="up2">
<enum>
(ii)
</enum>
<text>
studies and analyses of factors related to industrial, vocational, educational, employment, social, recreational, psychiatric, psychological, economic, and health and wellness variables affecting individuals with disabilities, including traditionally underserved populations as described in section 21, and how those variables affect such individuals' ability to live independently and their participation in the work force;
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H720AC7B3814B4236ABC2B162A864CCD5">
<enum>
(II)
</enum>
<text>
in clause (iii), by striking
<quote>
are homebound
</quote>
and all that follows and inserting
<quote>
have significant challenges engaging in community life outside their homes and individuals who are in institutional settings;
</quote>
;
</text>
</subclause>
<subclause id="HE69E01CE33A243C481C715E044F10E0B">
<enum>
(III)
</enum>
<text>
in clause (iv), by inserting
<quote>
, including the principles of universal design and the interoperability of products and services
</quote>
after
<quote>
disabilities
</quote>
;
</text>
</subclause>
<subclause id="H9F22A8044D024496A6B70399C0A84C18">
<enum>
(IV)
</enum>
<text>
in clause (v), by inserting
<quote>
, and to promoting employment opportunities in competitive integrated employment
</quote>
after
<quote>
employment
</quote>
;
</text>
</subclause>
<subclause id="H17C807C716BD4B0FB5DD84E153EAC894">
<enum>
(V)
</enum>
<text>
in clause (vi), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subclause>
<subclause id="H63BF61D83C454B98A504054961ADA879">
<enum>
(VI)
</enum>
<text>
in clause (vii), by striking
<quote>
and assistive technology.
</quote>
and inserting
<quote>
, assistive technology, and communications technology; and
</quote>
; and
</text>
</subclause>
<subclause id="H516242C4EA4D4F37B763CF2BCFE63088">
<enum>
(VII)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H215DE70CA13D476CBA570CE75E4ADA11" style="OLC">
<clause id="H0CC52A3FF20347A38B71805969A63E6E" indent="up2">
<enum>
(viii)
</enum>
<text>
studies, analyses, and other activities affecting employment outcomes as defined in section 7(11), including self-employment and telecommuting, of individuals with disabilities.
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HC20DC7F78B4B478883D87AFAF5027B82">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H396C716937E54BD9A66887E2AA428E27" style="OLC">
<paragraph id="H9521B2907C6C4101A04137EC6859C86E" indent="up1">
<enum>
(3)
</enum>
<text>
In carrying out this section, the Director shall emphasize covered activities that include plans for—
</text>
<subparagraph id="H856BD5392D25406FA3D1F170D4B8A410">
<enum>
(A)
</enum>
<text>
dissemination of high-quality materials, of scientifically valid research results, or of findings, conclusions, and recommendations resulting from covered activities, including through electronic means (such as the website of the Department of Health and Human Services), so that such information is available in a timely manner to the general public; or
</text>
</subparagraph>
<subparagraph id="HECBC37BF5F27440F9A0695C7E9161262">
<enum>
(B)
</enum>
<text>
the commercialization of marketable products, research results, or findings, resulting from the covered activities.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H9B56E646DAD54EE0A5B8E9E34B548819">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="HFD6CB342D53945A28B1779E2F4A8F20C">
<enum>
(A)
</enum>
<text>
in paragraph (1), by striking
<quote>
(18)
</quote>
both places the term appears and inserting
<quote>
(17)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H3FD893EB06C84B82AE0C00D812F590EC">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="HF11C943B6A294BA7B9676D92F393A40D">
<enum>
(i)
</enum>
<text>
in subparagraph (A), by striking clauses (i) and (ii) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1F8F821A3779455DA6B7A44F829B4D7E" style="OLC">
<clause id="HA7AFB3656A0E4BCFA9B411FC906E24CC" indent="up2">
<enum>
(i)
</enum>
<text>
be operated in collaboration with institutions of higher education, providers of rehabilitation services, developers or providers of assistive technology devices, assistive technology services, or information technology devices or services, as appropriate, or providers of other appropriate services; and
</text>
</clause>
<clause id="H29D38DBF07C4454984094EEA59F95FF8" indent="up2">
<enum>
(ii)
</enum>
<text>
serve as centers of national excellence and national or regional resources for individuals with disabilities, as well as providers, educators, and researchers.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H1395595E05B44B6CB9BDB7A9AD56A7B9">
<enum>
(ii)
</enum>
<text>
in subparagraph (B)—
</text>
<subclause id="HF2353369951E49A489CE57C0C6F41843">
<enum>
(I)
</enum>
<text>
in clause (i)—
</text>
<item id="H4693B83FB5B343FABAE611F91435EE40">
<enum>
(aa)
</enum>
<text>
by adding
<quote>
independent living and
</quote>
after
<quote>
research in
</quote>
;
</text>
</item>
<item id="H5FA94F00E06F40BF8F64BC23FF2AED2E">
<enum>
(bb)
</enum>
<text>
by adding
<quote>
independent living and
</quote>
after
<quote>
will improve
</quote>
; and
</text>
</item>
<item id="HB8C455DD9CC044C59194E08EDE520DC6">
<enum>
(cc)
</enum>
<text>
by striking
<quote>
alleviate or stabilize
</quote>
and all that follows and inserting
<quote>
maximize health and function (including alleviating or stabilizing conditions, or preventing secondary conditions), and promote maximum social and economic independence of individuals with disabilities, including promoting the ability of the individuals to prepare for, secure, retain, regain, or advance in employment;
</quote>
;
</text>
</item>
</subclause>
<subclause id="H14B621BF251E476E8FF62E14CCF84CAF">
<enum>
(II)
</enum>
<text>
by redesignating clauses (ii), (iii), and (iv), as clauses (iii), (iv), and (v), respectively;
</text>
</subclause>
<subclause id="HF1765290738D4B34B11D0F7B125231FC">
<enum>
(III)
</enum>
<text>
by inserting after clause (i) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H21CFC60C7BD545ACA28218984166D517" style="OLC">
<clause id="H713FBD3B2434437BB03E50C9D9163614" indent="up2">
<enum>
(ii)
</enum>
<text>
conducting research in, and dissemination of, employer-based practices to facilitate the identification, recruitment, accommodation, advancement, and retention of qualified individuals with disabilities;
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H1232F99ED9414549A345BD65B41632BD">
<enum>
(IV)
</enum>
<text>
in clause (iii), as redesignated by subclause (II), by inserting
<quote>
independent living and
</quote>
before
<quote>
rehabilitation services
</quote>
;
</text>
</subclause>
<subclause id="HDC05B831FC944D2B8DC18E8F21B4DACE">
<enum>
(V)
</enum>
<text>
in clause (iv), as redesignated by subclause (II)—
</text>
<item id="H0C404A37B8EF447B95DBD2C0573AFA2B">
<enum>
(aa)
</enum>
<text>
by inserting
<quote>
independent living and
</quote>
before
<quote>
rehabilitation
</quote>
each place the term appears; and
</text>
</item>
<item id="H54E848A548494F5392A6185042ADE3F2">
<enum>
(bb)
</enum>
<text>
by striking
<quote>
and
</quote>
after the semicolon; and
</text>
</item>
</subclause>
<subclause id="H204519FDCCF84685BCF83FA5D3E05C92">
<enum>
(VI)
</enum>
<text>
by striking clause (v), as redesignated by subclause (II), and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC9A7ACBFB50C4245BFFA43A2AE2760E4" style="OLC">
<clause id="HDD42340200E0427F90A267DBD40B4918" indent="up2">
<enum>
(v)
</enum>
<text>
serving as an informational and technical assistance resource to individuals with disabilities, as well as to providers, educators, and researchers, by providing outreach and information that clarifies research implications for practice and identifies potential new areas of research; and
</text>
</clause>
<clause id="H02A4E7B94D6944E391EEF56BFB79B5CC" indent="up2">
<enum>
(vi)
</enum>
<text>
developing practical applications for the research findings of the Centers.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="H34BAFC0B31DE4121BA4C25C178010993">
<enum>
(iii)
</enum>
<text>
in subparagraph (C)—
</text>
<subclause id="H3929BD36AAF0478CA369FFB91FA19677">
<enum>
(I)
</enum>
<text>
in clause (i), by inserting
<quote>
, including research on assistive technology devices, assistive technology services, and accessible electronic and information technology devices
</quote>
after
<quote>
research
</quote>
;
</text>
</subclause>
<subclause id="HD4C293CC710949E18AC71C6C63FB99ED">
<enum>
(II)
</enum>
<text>
in clause (ii)—
</text>
<item id="HF6753B022E914EAFBB9737B6CF37EC6F">
<enum>
(aa)
</enum>
<text>
by striking
<quote>
and social
</quote>
and inserting
<quote>
, social, and economic
</quote>
; and
</text>
</item>
<item id="H7179F54364D34FA19C1D265BA3F495E6">
<enum>
(bb)
</enum>
<text>
by inserting
<quote>
independent living and
</quote>
before
<quote>
rehabilitation
</quote>
; and
</text>
</item>
</subclause>
<subclause id="H4C7180F8C14948419E78B812FA103F23">
<enum>
(III)
</enum>
<text>
by striking clauses (iii) and (iv);
</text>
</subclause>
<subclause id="H9C008670648845639A88A9862D207591">
<enum>
(IV)
</enum>
<text>
by redesignating clauses (v) and (vi) as clauses (iii) and (iv), respectively;
</text>
</subclause>
<subclause id="H74F47247A87D45D28DE79B5FDB6C3AE5">
<enum>
(V)
</enum>
<text>
in clause (iii), as redesignated by subclause (IV), by striking
<quote>
to develop
</quote>
and all that follows and inserting
<quote>
that promotes the emotional, social, educational, and functional growth of children who are individuals with disabilities, as well as their integration in school, employment, and community activities;
</quote>
;
</text>
</subclause>
<subclause id="H4D46BE37F98D4C8C9929F660101012C3">
<enum>
(VI)
</enum>
<text>
in clause (iv), as redesignated by subclause (IV), by striking
<quote>
that will improve
</quote>
and all that follows and inserting
<quote>
to develop and evaluate interventions, policies, and services that support families of those children and adults who are individuals with disabilities;
</quote>
; and
</text>
</subclause>
<subclause id="H8B280FEE79F3425CB5D8F4565E2ECE6C">
<enum>
(VII)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7EB0F68DA1AF40489E6D902F293C4530" style="OLC">
<clause id="HB9E2C5F836E34AB18A928D27DFD9F440" indent="up2">
<enum>
(v)
</enum>
<text>
continuation of research that will improve services and policies that foster the independence and social integration of individuals with disabilities, and enable individuals with disabilities, including individuals with intellectual disabilities and other developmental disabilities, to live in their communities; and
</text>
</clause>
<clause id="H779C5AB35D5547CABA5A1D615B233882" indent="up2">
<enum>
(vi)
</enum>
<text>
research, dissemination, and technical assistance, on best practices in vocational rehabilitation, including supported employment and other strategies to promote competitive integrated employment for persons with the most significant disabilities.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="H1CC11C81C1EB430BB3871F5A1A8E677E">
<enum>
(iv)
</enum>
<text>
by striking subparagraph (D) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H9C75FDAB6E30412D9EDCB49D7A3EE93B" style="OLC">
<subparagraph id="H65E7F74C96C7448AA174DF86AD131FC0" indent="up2">
<enum>
(D)
</enum>
<text>
Training of students preparing to be independent living or rehabilitation personnel or to provide independent living, rehabilitative, assistive, or supportive services (such as rehabilitation counseling, personal care services, direct care, job coaching, aides in school based settings, or advice or assistance in utilizing assistive technology devices, assistive technology services, and accessible electronic and information technology devices and services) shall be an important priority for each such Center.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HE6DF9DAB6CCE439AA43E11B29214F912">
<enum>
(v)
</enum>
<text>
in subparagraph (E), by striking
<quote>
comprehensive
</quote>
;
</text>
</clause>
<clause id="HE0923EAAF56A4CBD86855DD3EE7E7168">
<enum>
(vi)
</enum>
<text>
in subparagraph (G)(i), by inserting
<quote>
independent living and
</quote>
before
<quote>
rehabilitation-related
</quote>
;
</text>
</clause>
<clause id="HFBF1EDFD6C8C48E182B7D5B50966FF5E">
<enum>
(vii)
</enum>
<text>
by striking subparagraph (I); and
</text>
</clause>
<clause id="HE15B7DCFD0B049BCB47B7B17F3BDC3B7">
<enum>
(viii)
</enum>
<text>
by redesignating subparagraphs (J) through (O) as subparagraphs (I) through (N), respectively;
</text>
</clause>
</subparagraph>
<subparagraph id="H55A94B8ECAF648459DE13728030DFAFD">
<enum>
(C)
</enum>
<text>
in paragraph (3)—
</text>
<clause id="HE3FAF3D2AF5643219D00CC3F8F06BC45">
<enum>
(i)
</enum>
<text>
in subparagraph (A), by inserting
<quote>
independent living strategies and
</quote>
before
<quote>
rehabilitation technology
</quote>
;
</text>
</clause>
<clause id="H6755DFF07D054C66AFDC1D55374E3921">
<enum>
(ii)
</enum>
<text>
in subparagraph (B)—
</text>
<subclause id="H7DD3975834384DF8AF2F122D7B2D148F">
<enum>
(I)
</enum>
<text>
in clause (i)(I), by inserting
<quote>
independent living and
</quote>
before
<quote>
rehabilitation problems
</quote>
;
</text>
</subclause>
<subclause id="H0B6AAB1E8E4E4172B03D68790B089AB7">
<enum>
(II)
</enum>
<text>
in clause (ii)(II), by striking
<quote>
employment
</quote>
and inserting
<quote>
educational, employment,
</quote>
; and
</text>
</subclause>
<subclause id="HE6992F831803401A9D99FBFD0B5EB07E">
<enum>
(III)
</enum>
<text>
in clause (iii)(II), by striking
<quote>
employment
</quote>
and inserting
<quote>
educational, employment,
</quote>
;
</text>
</subclause>
</clause>
<clause id="H51E59411DD4B4FE2A79D7BAABFF81678">
<enum>
(iii)
</enum>
<text>
in subparagraph (D)(i)(II), by striking
<quote>
postschool
</quote>
and inserting
<quote>
postsecondary education, competitive integrated employment, and other age-appropriate
</quote>
; and
</text>
</clause>
<clause id="H352741852373405EA80DF90B6EBA05E6">
<enum>
(iv)
</enum>
<text>
in subparagraph (G)(ii), by inserting
<quote>
the impact of any commercialized product researched or developed through the Center,
</quote>
after
<quote>
individuals with disabilities,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HE0FEA8B8FA11484989658A46FAB4F80F">
<enum>
(D)
</enum>
<text>
in paragraph (4)(B)—
</text>
<clause id="HE3DE5337B6EB4FDBB3DE5C2C3E05AA04">
<enum>
(i)
</enum>
<text>
in clause (i)—
</text>
<subclause id="HA63CA394C44F4EE0A6DDA639945C724A">
<enum>
(I)
</enum>
<text>
by striking
<quote>
vocational
</quote>
and inserting
<quote>
independent living, employment,
</quote>
;
</text>
</subclause>
<subclause id="HB0DBA3DA60684C1CA4270314EAE6658E">
<enum>
(II)
</enum>
<text>
by striking
<quote>
special
</quote>
and inserting
<quote>
unique
</quote>
; and
</text>
</subclause>
<subclause id="HC408072BCBA54E489E19BC73DCBB49BF">
<enum>
(III)
</enum>
<text>
by inserting
<quote>
social and functional needs, and
</quote>
before
<quote>
acute care
</quote>
; and
</text>
</subclause>
</clause>
<clause id="H88FA93A8CE194FA0817DC7B2F4A97D41">
<enum>
(ii)
</enum>
<text>
in clause (iv), by inserting
<quote>
education, health and wellness,
</quote>
after
<quote>
employment,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H039D4850E3FC4BBB987EE5E5B555298A">
<enum>
(E)
</enum>
<text>
by striking paragraph (8) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3396BD8513A243C9A0C143FAAE7FD2AD" style="OLC">
<paragraph id="HB05B487AFF404CA989AF6DFFEDC575FF" indent="up1">
<enum>
(8)
</enum>
<text>
Grants may be used to conduct a program of joint projects with other administrations and offices of the Department of Health and Human Services, the National Science Foundation, the Department of Veterans Affairs, the Department of Defense, the Federal Communications Commission, the National Aeronautics and Space Administration, the Small Business Administration, the Department of Labor, other Federal agencies, and private industry in areas of joint interest involving rehabilitation.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HEFCE3EB48BFD4C19A040CDADFEAC75F3">
<enum>
(F)
</enum>
<text>
by striking paragraphs (9) and (11);
</text>
</subparagraph>
<subparagraph id="HA46ACDD645464355BC98C2812C4F6EBE">
<enum>
(G)
</enum>
<text>
by redesignating paragraphs (10), (12), (13), (14), (15), (16), (17), and (18), as paragraphs (9), (10), (11), (12), (13), (14), (15), and (16), respectively;
</text>
</subparagraph>
<subparagraph id="H6599190FF30541D48757003F24A98A7F">
<enum>
(H)
</enum>
<text>
in paragraph (11), as redesignated by subparagraph (G)—
</text>
<clause commented="no" id="H8C37A81AC95F41A1852F723406A933EA">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
employment needs of individuals with disabilities, including
</quote>
and inserting
<quote>
employment needs, opportunities, and outcomes (including those relating to self-employment, supported employment, and telecommuting) of individuals with disabilities, including
</quote>
;
</text>
</clause>
<clause id="HFEC06D9AC737484B9DDC6FD55E4A1ADD">
<enum>
(ii)
</enum>
<text>
in subparagraph (B), by inserting
<quote>
and employment related
</quote>
after
<quote>
the employment
</quote>
;
</text>
</clause>
<clause id="HB0EE950803384E6BBF3F950A0423B16B">
<enum>
(iii)
</enum>
<text>
in subparagraph (E), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</clause>
<clause id="H01EF6CAF48CA45B7B670C63DA8E2CBA0">
<enum>
(iv)
</enum>
<text>
in subparagraph (F), by striking the period at the end and inserting a semicolon; and
</text>
</clause>
<clause id="H1872840AFC2B4492908B5BB08E19D81B">
<enum>
(v)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HFC3EC5AE723E473AB79AC517BD80C782" style="OLC">
<subparagraph id="HA54F31BA896C495C8C4CE43B54DC636F" indent="up1">
<enum>
(G)
</enum>
<text>
develop models to facilitate the successful transition of individuals with disabilities from nonintegrated employment and employment that is compensated at a wage less than the Federal minimum wage to competitive integrated employment;
</text>
</subparagraph>
<subparagraph id="H994FF69AE8AF4F869EC1AAB1E5E2850C" indent="up1">
<enum>
(H)
</enum>
<text>
develop models to maximize opportunities for integrated community living, including employment and independent living, for individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="H65AED32492E14C9D9E6C5C3A49364E8F" indent="up1">
<enum>
(I)
</enum>
<text>
provide training and continuing education for personnel involved with community living for individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="HFDA325651D41489CBEA1ADCFC51B0D7A" indent="up1">
<enum>
(J)
</enum>
<text>
develop model procedures for testing and evaluating the community living related needs of individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="H1BB7207461E442A2BD354101ED0F7D9E" indent="up1">
<enum>
(K)
</enum>
<text>
develop model training programs to teach individuals with disabilities skills which will lead to integrated community living and full participation in the community; and
</text>
</subparagraph>
<subparagraph id="H33FB8DB9FF2848AC8DDD6EDDE07BEDB9" indent="up1">
<enum>
(L)
</enum>
<text>
develop new approaches for long-term services and supports for individuals with disabilities, including supports necessary for competitive integrated employment.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H49FAEBC0491F4AE28AE144A78446E649">
<enum>
(I)
</enum>
<text>
in paragraph (12), as redesignated by subparagraph (G)—
</text>
<clause id="HF74826A8C6214714BD156E92176BC680">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by inserting
<quote>
an independent living or
</quote>
after
<quote>
conduct
</quote>
;
</text>
</clause>
<clause id="H7D6941955264400092E14D29CF6C2D80">
<enum>
(ii)
</enum>
<text>
in subparagraph (D), by inserting
<quote>
independent living or
</quote>
before
<quote>
rehabilitation
</quote>
; and
</text>
</clause>
<clause id="H94E37BC41BAA4B14AE8934E97EF7F0D3">
<enum>
(iii)
</enum>
<text>
in the matter following subparagraph (E), by striking
<quote>
National Institute on Disability and Rehabilitation Research
</quote>
and inserting
<quote>
National Institute on Disability, Independent Living, and Rehabilitation Research
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HB7BFD78CC35D49CE97FB16AD49CC109C">
<enum>
(J)
</enum>
<text>
in paragraph (13), as redesignated by subparagraph (G), by inserting
<quote>
independent living and
</quote>
before
<quote>
rehabilitation needs
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HB8477D2E652E4CEAB8420C2ECBC46D94">
<enum>
(K)
</enum>
<text>
in paragraph (14), as redesignated by subparagraph (G), by striking
<quote>
and access to gainful employment.
</quote>
and inserting
<quote>
, full participation, and economic self-sufficiency.
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H5FBAE931E0DC44318C8B2F25FE7CB685">
<enum>
(3)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF9E97EAD78244CE2875C9299638BF344" style="OLC">
<subsection id="HC44F1843E6BE41AFA2928A3F6E310D1C">
<enum>
(d)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="H5149420178C7418E8F676E92F46EAC59">
<enum>
(1)
</enum>
<text>
In awarding grants, contracts, or cooperative agreements under this title, the Director shall award the funding on a competitive basis.
</text>
</paragraph>
<paragraph id="H5C1B851DF7554461B66AEAA52659EDC7" indent="up1">
<enum>
(2)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HF4A60B084FB3416E86655229CA9B5061">
<enum>
(A)
</enum>
<text>
To be eligible to receive funds under this section for a covered activity, an entity described in subsection (a)(1) shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require.
</text>
</subparagraph>
<subparagraph id="H525CE3ED020B490480430A6A845AF703" indent="up1">
<enum>
(B)
</enum>
<text>
The application shall include information describing—
</text>
<clause id="H02385DD7E4E64E63B61B090D4D15521F">
<enum>
(i)
</enum>
<text>
measurable goals, as established through
<external-xref legal-doc="usc" parsable-cite="usc/31/1115">
section 1115
</external-xref>
of title 31, United States Code, and a timeline and specific plan for meeting the goals, that the applicant has established;
</text>
</clause>
<clause id="H6F9813D2E1014E0C9E5B5CBE82037F01">
<enum>
(ii)
</enum>
<text>
how the project will address 1 or more of the following: commercialization of a marketable product, technology transfer (if applicable), dissemination of any research results, and other priorities as established by the Director; and
</text>
</clause>
<clause id="HC89CE73FECAD409889795C87AD141286">
<enum>
(iii)
</enum>
<text>
how the applicant will quantifiably measure the goals to determine whether such goals have been accomplished.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H5EB4C6613C524A78A16C99EB7898D498" indent="up1">
<enum>
(3)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H851C9EBF74EB464BA0067FE50150C7D3">
<enum>
(A)
</enum>
<text>
In the case of an application for funding under this section to carry out a covered activity that results in the development of a marketable product, the application shall also include a commercialization and dissemination plan, as appropriate, containing commercialization and marketing strategies for the product involved, and strategies for disseminating information about the product. The funding received under this section shall not be used to carry out the commercialization and marketing strategies.
</text>
</subparagraph>
<subparagraph id="H73C058A9566942B5AEA06768A32726CD" indent="up1">
<enum>
(B)
</enum>
<text>
In the case of any other application for funding to carry out a covered activity under this section, the application shall also include a dissemination plan, containing strategies for disseminating educational materials, research results, or findings, conclusions, and recommendations, resulting from the covered activity.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H97C042B40F4D4B6DBA9F614321A3CBD2">
<enum>
436.
</enum>
<header>
Disability, Independent Living, and Rehabilitation Research Advisory Council
</header>
<text display-inline="no-display-inline">
Section 205 (
<external-xref legal-doc="usc" parsable-cite="usc/29/765">
29 U.S.C. 765
</external-xref>
) is amended—
</text>
<paragraph id="HFFB7033DEE864D01B5EB11238315DBB0">
<enum>
(1)
</enum>
<text>
in the section heading, by inserting
<quote>
<header-in-text level="section" style="OLC">
Disability, Independent Living, and
</header-in-text>
</quote>
before
<quote>
<header-in-text level="section" style="OLC">
Rehabilitation
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="H81AB3EFB45F04ED1B8DB02DFB8650409">
<enum>
(2)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="H248B43E86FC04730A1BD8B3AA2A01821">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Department of Education a Rehabilitation Research Advisory Council
</quote>
and inserting
<quote>
Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H206531E68CF84235B81F51FEF363229D">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
not less than
</quote>
after
<quote>
composed of
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H9DDFF363BC5E461E93E72A38BB801021">
<enum>
(3)
</enum>
<text>
by striking subsection (c) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H778D74698A3D49AB8B61E681F5E4109C" style="OLC">
<subsection id="H2A0209B8CF8C423E8D3D7EBEE50800A5">
<enum>
(c)
</enum>
<header>
Qualifications
</header>
<text>
Members of the Council shall be generally representative of the community of disability, independent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services and independent living services carried out under this Act and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives.
</text>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H5A1E796F351943F399E1EC46D01C9400">
<enum>
(4)
</enum>
<text>
in subsection (g), by striking
<quote>
Department of Education
</quote>
and inserting
<quote>
Department of Health and Human Services
</quote>
.
</text>
</paragraph>
</section>
<section id="H36E2FF90145C495EAEE50683A441CA9B">
<enum>
437.
</enum>
<header>
Definition of covered school
</header>
<text display-inline="no-display-inline">
Title II (
<external-xref legal-doc="usc" parsable-cite="usc/29/760">
29 U.S.C. 760 et seq.
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HED7B28A6D98B4CB389B54F002AF10D05" style="OLC">
<section id="H18DCB37E55684B7EB2B36BA0710C04C0">
<enum>
206.
</enum>
<header>
Definition of covered school
</header>
<subsection id="HE2E06509773D40AA9F9AA188DBA2C23C">
<enum/>
<text display-inline="yes-display-inline">
In this title, the term
<term>
covered school
</term>
means an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/7801">
20 U.S.C. 7801
</external-xref>
)) or an institution of higher education.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
<subtitle id="H71477F721107429CB5D1EA202DAD4D55">
<enum>
D
</enum>
<header>
Professional Development and Special Projects and Demonstration
</header>
<section id="H6EC1999A0C31453799DC4F6197BB1FA7">
<enum>
441.
</enum>
<header>
Purpose; training
</header>
<subsection id="H25F642D9D3AE4328843B871896340DBC">
<enum>
(a)
</enum>
<header>
Purpose
</header>
<text>
Section 301(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/771">
29 U.S.C. 771(a)
</external-xref>
) is amended—
</text>
<paragraph id="H40A0796EFEFE463C8BC595872013199C">
<enum>
(1)
</enum>
<text>
in paragraph (2), by inserting
<quote>
and
</quote>
after the semicolon;
</text>
</paragraph>
<paragraph id="HE964109A7AFC45F29FE783D8963BAACF">
<enum>
(2)
</enum>
<text>
by striking paragraphs (3) and (4);
</text>
</paragraph>
<paragraph id="H1E619E600DF24324A61566347F01CA89">
<enum>
(3)
</enum>
<text>
by redesignating paragraph (5) as paragraph (3); and
</text>
</paragraph>
<paragraph id="H28059868765848F3A236DB2017AC266E">
<enum>
(4)
</enum>
<text>
in paragraph (3), as redesignated by paragraph (3), by striking
<quote>
workforce investment systems
</quote>
and inserting
<quote>
workforce development systems
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H3CEBFBF40EB54DA4A8EF4195B677358F">
<enum>
(b)
</enum>
<header>
Training
</header>
<text display-inline="yes-display-inline">
Section 302 (
<external-xref legal-doc="usc" parsable-cite="usc/29/772">
29 U.S.C. 772
</external-xref>
) is amended—
</text>
<paragraph id="HD8082041CF284722962B567D393E0EA7">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="H7E57BAE740B742FA8886B2BB9358277B">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="HC36398B1C01745EAB860F550997D8C01">
<enum>
(i)
</enum>
<text>
in subparagraph (E), by striking all after
<quote>
deliver
</quote>
and inserting
<quote>
supported employment services and customized employment services to individuals with the most significant disabilities;
</quote>
;
</text>
</clause>
<clause id="HB3FDF2B200B54394BB17F7FB58755293">
<enum>
(ii)
</enum>
<text>
in subparagraph (F), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</clause>
<clause id="H3549F3555BAA4FE5AD9C2DF634C62EEE">
<enum>
(iii)
</enum>
<text>
in subparagraph (G), by striking the period at the end and inserting
<quote>
; and
</quote>
; and
</text>
</clause>
<clause id="H8747B8C39F6646778A253CB4FE45ECFB">
<enum>
(iv)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H124CEC5420324472969DE9C56E792D14" style="OLC">
<subparagraph id="HFEEAA77168FB4EDA883DD001922FF2B7">
<enum>
(H)
</enum>
<text>
personnel trained in providing assistive technology services.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HBD7D8A175F3B4678857C69F443957F40">
<enum>
(B)
</enum>
<text>
in paragraph (4)—
</text>
<clause id="HB1E49BB1DFEF4B55A103A25054CCE111">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
subtitle B of title I of the Workforce Innovation and Opportunity Act
</quote>
;
</text>
</clause>
<clause id="H54858BAA3EE5418D8C670E2A776D23B7">
<enum>
(ii)
</enum>
<text>
in subparagraph (A), by striking
<quote>
workforce investment system
</quote>
and inserting
<quote>
workforce development system
</quote>
; and
</text>
</clause>
<clause id="H7B9AFC8344284243AD9E7D4DEFCB9D4E">
<enum>
(iii)
</enum>
<text>
in subparagraph (B), by striking
<quote>
section 134(c) of the Workforce Investment Act of 1998.
</quote>
and inserting
<quote>
section 121(e) of the Workforce Innovation and Opportunity Act.
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H91E58939627E46FEBCF50FCD35B63C00">
<enum>
(C)
</enum>
<text>
in paragraph (5), by striking
<quote>
title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
subtitle B of title I of the Workforce Innovation and Opportunity Act
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H24110B3F51B246FFBD8A2F0200532A22">
<enum>
(2)
</enum>
<text>
in subsection (b)(1)(B)(i), by striking
<quote>
or prosthetics and orthotics
</quote>
and inserting
<quote>
prosthetics and orthotics, vision rehabilitation therapy, orientation and mobility instruction, or low vision therapy
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="HAAB54379ACB940F1B5ECC16074C06543">
<enum>
(3)
</enum>
<text>
in subsection (g)—
</text>
<subparagraph commented="no" id="H79C778ACCD004153A90C4BCDCEE0A3FA">
<enum>
(A)
</enum>
<text>
in the subsection heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
and In-Service Training
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="HE2C9D23138E74193A0890AEB96787685">
<enum>
(B)
</enum>
<text>
in paragraph (1), by adding after the period the following:
<quote>
Any technical assistance provided to community rehabilitation programs shall be focused on the employment outcome of competitive integrated employment for individuals with disabilities.
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H0DBDF1D0F3CE4F8CB3E1C6E9AA65C2E4">
<enum>
(C)
</enum>
<text>
by striking paragraph (3);
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H142A5D62EED047B09CF07596CF680A4A">
<enum>
(4)
</enum>
<text>
in subsection (h), by striking
<quote>
section 306
</quote>
and inserting
<quote>
section 304
</quote>
; and
</text>
</paragraph>
<paragraph id="HC6E4E62C6FD24556AB80F89FCAA7B3F7">
<enum>
(5)
</enum>
<text>
in subsection (i), by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003.
</quote>
and inserting
<quote>
$33,657,000 for fiscal year 2015, $36,257,000 for fiscal year 2016, $37,009,000 for fiscal year 2017, $37,830,000 for fiscal year 2018, $38,719,000 for fiscal year 2019, and $39,540,000 for fiscal year 2020.
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section id="H9EF12C3EBBB34C53B795A6C2DF737782">
<enum>
442.
</enum>
<header>
Demonstration, training, and technical assistance programs
</header>
<text display-inline="no-display-inline">
Section 303 (
<external-xref legal-doc="usc" parsable-cite="usc/29/773">
29 U.S.C. 773
</external-xref>
) is amended—
</text>
<paragraph id="HF00CC03BBDC34F8B8C8B1BFABED60E39">
<enum>
(1)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="H01881ABA90F1401E9903A938803BBA72">
<enum>
(A)
</enum>
<text>
in paragraph (1), by striking
<quote>
section 306
</quote>
and inserting
<quote>
section 304
</quote>
;
</text>
</subparagraph>
<subparagraph id="H7FD053EDD0A34AD3B0169CEC85BD0E60">
<enum>
(B)
</enum>
<text>
in paragraph (3)(A), by striking
<quote>
National Institute on Disability and Rehabilitation Research
</quote>
and inserting
<quote>
National Institute on Disability, Independent Living, and Rehabilitation Research
</quote>
;
</text>
</subparagraph>
<subparagraph id="H64071E9532064E609D2642824F14CF78">
<enum>
(C)
</enum>
<text>
in paragraph (5)—
</text>
<clause id="HC4221E34349142CC9D33683407E71BCA">
<enum>
(i)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="H8C5371B427DD440E86771F1D6FEA7ED4">
<enum>
(I)
</enum>
<text>
by striking clause (i) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H06A5130BA063412EAFF1046192331468" style="OLC">
<clause id="H5CE2AA68AB2F4423B6EE0FFC496888D3">
<enum>
(i)
</enum>
<text>
initiatives focused on improving transition from education, including postsecondary education, to employment, particularly in competitive integrated employment, for youth who are individuals with significant disabilities;
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H0CD7D801B9394B149B6292F202D91990">
<enum>
(II)
</enum>
<text>
by striking clause (iii) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6D1264E89E9741CB9773B41DB5CD38CE" style="OLC">
<clause id="H0D09C3F48153423E884C0E3D01465264">
<enum>
(iii)
</enum>
<text>
increasing competitive integrated employment for individuals with significant disabilities.
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="H37955E55640F4BDB9DE1B129A2B9F367">
<enum>
(ii)
</enum>
<text>
in subparagraph (B)(viii), by striking
<quote>
under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
under subtitle B of title I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H64DD32CCB1394EC38C388326DB25485F">
<enum>
(D)
</enum>
<text>
by striking paragraph (6);
</text>
</subparagraph>
</paragraph>
<paragraph id="H2233DDB1F4F0401195D00E1947720976">
<enum>
(2)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="HE3CA912D11B74734B34E2A6A22E90637">
<enum>
(A)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="HDDC1B75BF9344C77BC674D2F47D32F22">
<enum>
(i)
</enum>
<text>
in subparagraph (E), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</clause>
<clause id="H75866EB413124B478AB03B2A58DC1FB4">
<enum>
(ii)
</enum>
<text>
by redesignating subparagraph (F) as subparagraph (G); and
</text>
</clause>
<clause id="HBC95F12633974FF99D99FBCAF1751826">
<enum>
(iii)
</enum>
<text>
by inserting after subparagraph (E) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7C95D0C03A0C4A88A3EEDE2554AD4520" style="OLC">
<subparagraph id="H694F32E4A7C34DA1BEFDF1831FB794D0">
<enum>
(F)
</enum>
<text>
to provide support and guidance in helping individuals with significant disabilities, including students with disabilities, transition to competitive integrated employment; and
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HCA365B9829C3494281733EC11B9F871B">
<enum>
(B)
</enum>
<text>
in paragraph (4)—
</text>
<clause id="HA931CA59117746A9AC2EAE171F416947">
<enum>
(i)
</enum>
<text>
in subparagraph (A)(ii)—
</text>
<subclause id="H20D818B633E64A93A0BE2766433F2B91">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
the
</quote>
after
<quote>
closely with
</quote>
; and
</text>
</subclause>
<subclause id="H971FD5B2A7E44A82B3040117584A964A">
<enum>
(II)
</enum>
<text>
by inserting
<quote>
, the community parent resource centers established pursuant to section 672 of such Act, and the eligible entities receiving awards under section 673 of such Act
</quote>
after
<quote>
Individuals with Disabilities Education Act
</quote>
; and
</text>
</subclause>
</clause>
<clause id="HC39DD2E625BD4B18BE084A6E9679EA51">
<enum>
(ii)
</enum>
<text>
in subparagraph (C), by inserting
<quote>
, and demonstrate the capacity for serving,
</quote>
after
<quote>
shall serve
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="HE7CB8A9FA4844434B38FA55A20B9E601">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6D44DB53E7EA4B87A0203449402993DF" style="OLC">
<paragraph id="HED23E57D3AE8490F89A59A9A88E77366">
<enum>
(8)
</enum>
<header>
Reservation
</header>
<text>
From the amount appropriated to carry out this section for a fiscal year, 20 percent of such amount or $500,000, whichever is less, may be reserved to carry out paragraph (6).
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H9680F5B2C2684C37BCA9D865E4147C2A">
<enum>
(3)
</enum>
<text>
by striking subsection (e) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HEE57B4CBDAA9443F96C67D98FFEA0270" style="OLC">
<subsection id="HC055923F165D4889BDE8C7A150CB3CEF">
<enum>
(e)
</enum>
<header>
Authorization of appropriations
</header>
<text>
For the purpose of carrying out this section there are authorized to be appropriated $5,796,000 for fiscal year 2015, $6,244,000 for fiscal year 2016, $6,373,000 for fiscal year 2017, $6,515,000 for fiscal year 2018, $6,668,000 for fiscal year 2019, and $6,809,000 for fiscal year 2020.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H449C893342EE41BA8370549F8FE0D979">
<enum>
443.
</enum>
<header>
Migrant and seasonal farmworkers; recreational programs
</header>
<text display-inline="no-display-inline">
The Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="H82434FA5149A43B7B632CFDDF994012B">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by striking sections 304 and 305;
</text>
</paragraph>
<paragraph id="H67AE393834CB4C4CB89503925B7BEB1E">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by redesignating section 306 as section 304.
</text>
</paragraph>
</section>
</subtitle>
<subtitle id="HE9BC388204FC428DA0388FCABAE3D467">
<enum>
E
</enum>
<header>
National Council on Disability
</header>
<section id="HF234C67DA6814E2399587568273BEF39">
<enum>
451.
</enum>
<header>
Establishment
</header>
<text display-inline="no-display-inline">
Section 400 (
<external-xref legal-doc="usc" parsable-cite="usc/29/780">
29 U.S.C. 780
</external-xref>
) is amended—
</text>
<paragraph id="H0D6CCEB386394A34840EBD057705A381">
<enum>
(1)
</enum>
<text>
in subsection (a)(1)—
</text>
<subparagraph id="HE6C48BCFAD9D4D70BBA3013BF50B726C">
<enum>
(A)
</enum>
<text>
by redesignating subparagraph (C) as subparagraph (D);
</text>
</subparagraph>
<subparagraph id="HE5E195323624476187C117F6ADD07333">
<enum>
(B)
</enum>
<text>
by striking subparagraphs (A) and (B) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA4B8C4928F424B988647C37F9DA2EDD6" style="OLC">
<subparagraph id="HFF24DAECF1A44E219022AD9EC7154A15" indent="up2">
<enum>
(A)
</enum>
<text>
There is established within the Federal Government a National Council on Disability (referred to in this title as the
<quote>
National Council
</quote>
), which, subject to subparagraph (B), shall be composed of 9 members, of which—
</text>
<clause id="H5D57DCA491B04B2EB1BF42947FF07DC0">
<enum>
(i)
</enum>
<text>
5 shall be appointed by the President;
</text>
</clause>
<clause id="HBBFF77C9D5D3419E83E057555A73E08D">
<enum>
(ii)
</enum>
<text>
1 shall be appointed by the Majority Leader of the Senate;
</text>
</clause>
<clause id="H5C5B7EC0655A4C32806877925C4F2396">
<enum>
(iii)
</enum>
<text>
1 shall be appointed by the Minority Leader of the Senate;
</text>
</clause>
<clause id="H2476919208F74035A48727494C6610E5">
<enum>
(iv)
</enum>
<text>
1 shall be appointed by the Speaker of the House of Representatives; and
</text>
</clause>
<clause id="H2065D7DA18BB477E8DCBA1D7694FA619">
<enum>
(v)
</enum>
<text>
1 shall be appointed by the Minority Leader of the House of Representatives.
</text>
</clause>
</subparagraph>
<subparagraph id="HBCA503C97056470192404BD1BD101C44" indent="up2">
<enum>
(B)
</enum>
<text>
The National Council shall transition from 15 members (as of the date of enactment of the Workforce Innovation and Opportunity Act) to 9 members as follows:
</text>
<clause id="HEA2CE4A572D04616B7933134B3CDD84A">
<enum>
(i)
</enum>
<text>
On the first 4 expirations of National Council terms (after that date), replacement members shall be appointed to the National Council in the following order and manner:
</text>
<subclause id="HE67610C45FAF45B2A89B5A46CF923CD0">
<enum>
(I)
</enum>
<text>
1 shall be appointed by the Majority Leader of the Senate.
</text>
</subclause>
<subclause id="H648F4357DE9944A49B033EFA99AF5381">
<enum>
(II)
</enum>
<text>
1 shall be appointed by the Minority Leader of the Senate.
</text>
</subclause>
<subclause id="H51E82513EC1D43409B9455B2063678AA">
<enum>
(III)
</enum>
<text>
1 shall be appointed by the Speaker of the House of Representatives.
</text>
</subclause>
<subclause id="H9BBB86A5A5BE4C1E9A4F11FEBF2CCDBD">
<enum>
(IV)
</enum>
<text>
1 shall be appointed by the Minority Leader of the House of Representatives.
</text>
</subclause>
</clause>
<clause id="H6B31D071AA4346F58BEB5577B395FBDF">
<enum>
(ii)
</enum>
<text>
On the next 6 expirations of National Council terms (after the 4 expirations described in clause (i) occur), no replacement members shall be appointed to the National Council.
</text>
</clause>
</subparagraph>
<subparagraph id="H21C22BB0D66441B4B520D6385CBA739E" indent="up2">
<enum>
(C)
</enum>
<text>
For any vacancy on the National Council that occurs after the transition described in subparagraph (B), the vacancy shall be filled in the same manner as the original appointment was made.
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HEC4FA68D730F45F9A84F43D399DD88B7">
<enum>
(C)
</enum>
<text>
in subparagraph (D), as redesignated by subparagraph (A) of this paragraph, in the first sentence—
</text>
<clause commented="no" id="H0CFFED9CCF834B269B54DEF73C38FB27">
<enum>
(i)
</enum>
<text>
by inserting
<quote>
national leaders on disability policy,
</quote>
after
<quote>
guardians of individuals with disabilities,
</quote>
; and
</text>
</clause>
<clause id="H5402729991BB4A1C9B9244D6D7197308">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
policy or programs
</quote>
and inserting
<quote>
policy or issues that affect individuals with disabilities
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HA8283F03B28843208E8E02C6CB73B234">
<enum>
(2)
</enum>
<text>
in subsection (b), by striking
<quote>
, except
</quote>
and all that follows and inserting a period; and
</text>
</paragraph>
<paragraph id="H80D493DC57184419A44A0E71C5EF9A0C">
<enum>
(3)
</enum>
<text>
in subsection (d), by striking
<quote>
Eight
</quote>
and inserting
<quote>
Five
</quote>
.
</text>
</paragraph>
</section>
<section id="HDC426C31B038429B8D23FF4DE6F421A4">
<enum>
452.
</enum>
<header>
Report
</header>
<text display-inline="no-display-inline">
Section 401 (
<external-xref legal-doc="usc" parsable-cite="usc/29/781">
29 U.S.C. 781
</external-xref>
) is amended—
</text>
<paragraph id="H00B8D52EBD624279B10C4DD7F5150315">
<enum>
(1)
</enum>
<text>
in paragraphs (1) and (3) of subsection (a), by striking
<quote>
National Institute on Disability and Rehabilitation Research
</quote>
and inserting
<quote>
National Institute on Disability, Independent Living, and Rehabilitation Research
</quote>
; and
</text>
</paragraph>
<paragraph id="HD19C4B5159564A7EAC5DABFDC879B1BD">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by striking subsection (c).
</text>
</paragraph>
</section>
<section commented="no" display-inline="no-display-inline" id="HDF85DFA7F01A42149BBA4AFE84506852" section-type="subsequent-section">
<enum>
453.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
Section 405 (
<external-xref legal-doc="usc" parsable-cite="usc/29/785">
29 U.S.C. 785
</external-xref>
) is amended by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003.
</quote>
and inserting
<quote>
$3,186,000 for fiscal year 2015, $3,432,000 for fiscal year 2016, $3,503,000 for fiscal year 2017, $3,581,000 for fiscal year 2018, $3,665,000 for fiscal year 2019, and $3,743,000 for fiscal year 2020.
</quote>
.
</text>
</section>
</subtitle>
<subtitle id="HC5CE99D93A7248609AE0B6A788E37009">
<enum>
F
</enum>
<header>
Rights and advocacy
</header>
<section id="H4264A7A962974D72BFC08DB5B95971D3">
<enum>
456.
</enum>
<header>
Interagency Committee, Board, and Council
</header>
<subsection id="H0E0666A58873424B801E3B8B966FF2C6">
<enum>
(a)
</enum>
<header>
Interagency committee
</header>
<text>
Section 501 (
<external-xref legal-doc="usc" parsable-cite="usc/29/791">
29 U.S.C. 791
</external-xref>
) is amended—
</text>
<paragraph id="H1A2A1917927C49FFB1A347535F015A6A">
<enum>
(1)
</enum>
<text>
by striking subsection (f); and
</text>
</paragraph>
<paragraph id="H2D52686AF2F940F3BDB55AA489F62721">
<enum>
(2)
</enum>
<text>
by redesignating subsection (g) as subsection (f).
</text>
</paragraph>
</subsection>
<subsection id="H8F3E8FE33AA449B2B8A1B60FC10EDA74">
<enum>
(b)
</enum>
<header>
Architectural and transportation barriers compliance board
</header>
<text display-inline="yes-display-inline">
Section 502(j) (
<external-xref legal-doc="usc" parsable-cite="usc/29/792">
29 U.S.C. 792(j)
</external-xref>
) is amended by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003.
</quote>
and inserting
<quote>
$7,448,000 for fiscal year 2015, $8,023,000 for fiscal year 2016, $8,190,000 for fiscal year 2017, $8,371,000 for fiscal year 2018, $8,568,000 for fiscal year 2019, and $8,750,000 for fiscal year 2020.
</quote>
.
</text>
</subsection>
<subsection id="HF2BFA4456FCD4E71BE09FC275CC05296">
<enum>
(c)
</enum>
<header>
Program or activity
</header>
<text display-inline="yes-display-inline">
Section 504(b)(2)(B) (
<external-xref legal-doc="usc" parsable-cite="usc/29/794">
29 U.S.C. 794(b)(2)(B)
</external-xref>
) is amended by striking
<quote>
vocational education
</quote>
and inserting
<quote>
career and technical education
</quote>
.
</text>
</subsection>
<subsection id="H824276A8931B4FAB977F8FDB17350CB2">
<enum>
(d)
</enum>
<header>
Interagency Disability Coordinating Council
</header>
<text display-inline="yes-display-inline">
Section 507(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/794c">
29 U.S.C. 794c(a)
</external-xref>
) is amended by inserting
<quote>
the Chairperson of the National Council on Disability,
</quote>
before
<quote>
and such other
</quote>
.
</text>
</subsection>
</section>
<section id="HB9017746DCBE4CC0A72804889E9FE6D8">
<enum>
457.
</enum>
<header>
Protection and advocacy of individual rights
</header>
<text display-inline="no-display-inline">
Section 509 (
<external-xref legal-doc="usc" parsable-cite="usc/29/794e">
29 U.S.C. 794e
</external-xref>
) is amended—
</text>
<paragraph id="H5DEDD24845B34497ACFA17D6BFD9E7A2">
<enum>
(1)
</enum>
<text>
in subsection (c)(1)(A), by inserting
<quote>
a grant, contract, or cooperative agreement for
</quote>
before
<quote>
training
</quote>
;
</text>
</paragraph>
<paragraph id="HBD3F5974D5054D58B5296770DAF70FF8">
<enum>
(2)
</enum>
<text>
in subsection (f)(2)—
</text>
<subparagraph id="HD6C17A0A1AAC42F8A4A5466107F17B96">
<enum>
(A)
</enum>
<text>
by striking
<quote>
general
</quote>
and all that follows through
<quote>
records
</quote>
and inserting
<quote>
general authorities, including the authority to access records
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H74C39B0059D441A8A45B444451846D5F">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
of title I
</quote>
after
<quote>
subtitle C
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HCBEB70F9B275416EA48D9AB685C5DA47">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in subsection (l), by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003.
</quote>
and inserting
<quote>
$17,650,000 for fiscal year 2015, $19,013,000 for fiscal year 2016, $19,408,000 for fiscal year 2017, $19,838,000 for fiscal year 2018, $20,305,000 for fiscal year 2019, and $20,735,000 for fiscal year 2020.
</quote>
.
</text>
</paragraph>
</section>
<section id="H0762DFAECCDF4F44871F8748A4C5C257">
<enum>
458.
</enum>
<header>
Limitations on use of subminimum wage
</header>
<subsection id="H27902D69B2D244B88ECDB52F7FAFD6AB">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Title V (
<external-xref legal-doc="usc" parsable-cite="usc/29/791">
29 U.S.C. 791 et seq.
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HDB706849072E4B38AB112D1338458CCD" style="OLC">
<section id="HFDA9306D360344B6B60EA58638F04B2A">
<enum>
511.
</enum>
<header>
Limitations on use of subminimum wage
</header>
<subsection id="H849CD6C6D5BB4BDEA328AFD796512F1A">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
No entity, including a contractor or subcontractor of the entity, which holds a special wage certificate as described in section 14(c) of the Fair Labor Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/214">
29 U.S.C. 214(c)
</external-xref>
) may compensate an individual with a disability who is age 24 or younger at a wage (referred to in this section as a
<quote>
subminimum wage
</quote>
) that is less than the Federal minimum wage unless 1 of the following conditions is met:
</text>
<paragraph id="H22CEFA9E1E7E45AB8E7D792471592933">
<enum>
(1)
</enum>
<text>
The individual is currently employed, as of the effective date of this section, by an entity that holds a valid certificate pursuant to section 14(c) of the Fair Labor Standards Act of 1938.
</text>
</paragraph>
<paragraph id="H5FC3E4100F5D426482F421F4AB5274C8">
<enum>
(2)
</enum>
<text>
The individual, before beginning work that is compensated at a subminimum wage, has completed, and produces documentation indicating completion of, each of the following actions:
</text>
<subparagraph id="HB851F00BCC5A4F62A56B14DC53329A0C">
<enum>
(A)
</enum>
<text>
The individual has received pre-employment transition services that are available to the individual under section 113, or transition services under the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1400">
20 U.S.C. 1400 et seq.
</external-xref>
) such as transition services available to the individual under section 614(d) of that Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1414">
20 U.S.C. 1414(d)
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="H1CB0D22B34DC4B3C8CB6C2738B818DD4">
<enum>
(B)
</enum>
<text>
The individual has applied for vocational rehabilitation services under title I, with the result that—
</text>
<clause id="H642809068831446D966CDFF30AC041BE">
<enum>
(i)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H69C3B80869B9401EA02B04D28758BCEB">
<enum>
(I)
</enum>
<text>
the individual has been found ineligible for such services pursuant to that title and has documentation consistent with section 102(a)(5)(C) regarding the determination of ineligibility; or
</text>
</subclause>
<subclause id="H44C6335D0E924706A9BB6551C9D8AE29" indent="up1">
<enum>
(II)
</enum>
<item commented="no" display-inline="yes-display-inline" id="H0666CF545ABA4BA096186915501C1960">
<enum>
(aa)
</enum>
<text>
the individual has been determined to be eligible for vocational rehabilitation services;
</text>
</item>
<item id="H7A1E05CE8CA7446E9E3023BE7B90C21B" indent="up1">
<enum>
(bb)
</enum>
<text>
the individual has an individualized plan for employment under section 102;
</text>
</item>
<item id="HB28A1B4ABD50441AB0EEA720702053C6" indent="up1">
<enum>
(cc)
</enum>
<text>
the individual has been working toward an employment outcome specified in such individualized plan for employment, with appropriate supports and services, including supported employment services, for a reasonable period of time without success; and
</text>
</item>
<item id="H41E08AC95C214F3CAFBC0156F4CF87C1" indent="up1">
<enum>
(dd)
</enum>
<text>
the individual’s vocational rehabilitation case is closed; and
</text>
</item>
</subclause>
</clause>
<clause id="H56A2CD854D3B442190B7F51555022215">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H7156D2CF5A8347AAB46F6C7B557FC6DB">
<enum>
(I)
</enum>
<text>
the individual has been provided career counseling, and information and referrals to Federal and State programs and other resources in the individual's geographic area that offer employment-related services and supports designed to enable the individual to explore, discover, experience, and attain competitive integrated employment; and
</text>
</subclause>
<subclause id="H4DD62D30A82941FAB983ADAC88B8E1A6" indent="up1">
<enum>
(II)
</enum>
<text>
such counseling and information and referrals are not for employment compensated at a subminimum wage provided by an entity described in this subsection, and such employment-related services are not compensated at a subminimum wage and do not directly result in employment compensated at a subminimum wage provided by an entity described in this subsection.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HC0694FD6D6AB4936932F565AFB41198B">
<enum>
(b)
</enum>
<header>
Construction
</header>
<paragraph id="HF5CA948DEAD94B42A03CBDBA971726C0">
<enum>
(1)
</enum>
<header>
Rule
</header>
<text>
Nothing in this section shall be construed to—
</text>
<subparagraph id="H811618886FF74103A917DE8081655ED4">
<enum>
(A)
</enum>
<text>
change the purpose of this Act described in section 2(b)(2), to empower individuals with disabilities to maximize opportunities for competitive integrated employment; or
</text>
</subparagraph>
<subparagraph id="HA9CD9D40A3C2418691AF0A73D59C3877">
<enum>
(B)
</enum>
<text>
preference employment compensated at a subminimum wage as an acceptable vocational rehabilitation strategy or successful employment outcome, as defined in section 7(11).
</text>
</subparagraph>
</paragraph>
<paragraph id="H4E62F710E3CC47B285237B38CA6F2DC3">
<enum>
(2)
</enum>
<header>
Contracts
</header>
<text>
A local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/7801">
20 U.S.C. 7801
</external-xref>
)) or a State educational agency (as defined in such section) may not enter into a contract or other arrangement with an entity described in subsection (a) for the purpose of operating a program for an individual who is age 24 or younger under which work is compensated at a subminimum wage.
</text>
</paragraph>
<paragraph id="HF4C50E6420624169B40DFEC22A6BADCC">
<enum>
(3)
</enum>
<header>
Voidability
</header>
<text>
The provisions in this section shall be construed in a manner consistent with the provisions of the Fair Labor Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/201">
29 U.S.C. 201 et seq.
</external-xref>
), as amended before or after the effective date of this Act.
</text>
</paragraph>
</subsection>
<subsection id="H484A2A666C524EFF8DB4223AD19389BA">
<enum>
(c)
</enum>
<header>
During employment
</header>
<paragraph id="HB68E733C4392479CB506095C2925B601">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The entity described in subsection (a) may not continue to employ an individual, regardless of age, at a subminimum wage unless, after the individual begins work at that wage, at the intervals described in paragraph (2), the individual (with, in an appropriate case, the individual's parent or guardian)—
</text>
<subparagraph id="HB4BEB421405D4D919407E95A3A8A329D">
<enum>
(A)
</enum>
<text>
is provided by the designated State unit career counseling, and information and referrals described in subsection (a)(2)(B)(ii), delivered in a manner that facilitates independent decisionmaking and informed choice, as the individual makes decisions regarding employment and career advancement; and
</text>
</subparagraph>
<subparagraph id="H3E1ECF28849943179890FCA919949B55">
<enum>
(B)
</enum>
<text>
is informed by the employer of self-advocacy, self-determination, and peer mentoring training opportunities available in the individual's geographic area, provided by an entity that does not have any financial interest in the individual's employment outcome, under applicable Federal and State programs or other sources.
</text>
</subparagraph>
</paragraph>
<paragraph id="H07094A83EBF74A5692EDE12A11479E68">
<enum>
(2)
</enum>
<header>
Timing
</header>
<text>
The actions required under subparagraphs (A) and (B) of paragraph (1) shall be carried out once every 6 months for the first year of the individual's employment at a subminimum wage, and annually thereafter for the duration of such employment.
</text>
</paragraph>
<paragraph id="HDEC90622E9AD42E7B469B70562B49BFC">
<enum>
(3)
</enum>
<header>
Small business exception
</header>
<text>
In the event that the entity described in subsection (a) is a business with fewer than 15 employees, such entity can satisfy the requirements of subparagraphs (A) and (B) of paragraph (1) by referring the individual, at the intervals described in paragraph (2), to the designated State unit for the counseling, information, and referrals described in paragraph (1)(A) and the information described in paragraph (1)(B).
</text>
</paragraph>
</subsection>
<subsection id="H68C8948942BB4B1EB634624B810ADB7D">
<enum>
(d)
</enum>
<header>
Documentation
</header>
<paragraph id="HA8BF2571341A414D9D4F2E0EC28BD12F">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The designated State unit, in consultation with the State educational agency, shall develop a new process or utilize an existing process, consistent with guidelines developed by the Secretary, to document the completion of the actions described in subparagraphs (A) and (B) of subsection (a)(2) by a youth with a disability who is an individual with a disability.
</text>
</paragraph>
<paragraph id="HAC8C93A4F1AB45C3A75111921DE4ED13">
<enum>
(2)
</enum>
<header>
Documentation process
</header>
<text>
Such process shall require that—
</text>
<subparagraph id="H8E434827B96F4FADB67B5E6EA2C6EF33">
<enum>
(A)
</enum>
<text>
in the case of a student with a disability, for documentation of actions described in subsection (a)(2)(A)—
</text>
<clause id="H83B8850FE725432B84CD701EA22C5CFB">
<enum>
(i)
</enum>
<text>
if such a student with a disability receives and completes each category of required activities in section 113(b), such completion of services shall be documented by the designated State unit in a manner consistent with this section;
</text>
</clause>
<clause id="HC1CE988A2D6A459CAC2593B9ACB873BA">
<enum>
(ii)
</enum>
<text>
if such a student with a disability receives and completes any transition services available for students with disabilities under the Individuals with Disabilities Education Act, including those provided under section 614(d)(1)(A)(i)(VIII) (
<external-xref legal-doc="usc" parsable-cite="usc/20/1414">
20 U.S.C. 1414(d)(1)(A)(i)(VIII)
</external-xref>
), such completion of services shall be documented by the appropriate school official responsible for the provision of such transition services, in a manner consistent with this section; and
</text>
</clause>
<clause id="HEF7F1C15123848DFBAB9DBB1A9684470">
<enum>
(iii)
</enum>
<text>
the designated State unit shall provide the final documentation, in a form and manner consistent with this section, of the completion of pre-employment transition services as described in clause (i), or transition services under the Individuals with Disabilities Education Act as described in clause (ii), to the student with a disability within a reasonable period of time following the completion; and
</text>
</clause>
</subparagraph>
<subparagraph id="H0EE1696311DF4CE0A163802A0E585E85">
<enum>
(B)
</enum>
<text>
when an individual has completed the actions described in subsection (a)(2)(B), the designated State unit shall provide the individual a document indicating such completion, in a manner consistent with this section, within a reasonable time period following the completion of the actions described in this subparagraph.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HC6EBE4396FD54F1AB1FF9E425836BD45">
<enum>
(e)
</enum>
<header>
Verification
</header>
<paragraph id="HE622C73F74884A8D87593AA83A1F5F15">
<enum>
(1)
</enum>
<header>
Before employment
</header>
<text>
Before an individual covered by subsection (a)(2) begins work for an entity described in subsection (a) at a subminimum wage, the entity shall review such documentation received by the individual under subsection (d), and provided by the individual to the entity, that indicates that the individual has completed the actions described in subparagraphs (A) and (B) of subsection (a)(2) and the entity shall maintain copies of such documentation.
</text>
</paragraph>
<paragraph id="H2F5CF26C9CBC4F2EB5F1F16820F92210">
<enum>
(2)
</enum>
<header>
During employment
</header>
<subparagraph id="H9E55F46D746E43B89E12213C7A7FE390">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
In order to continue to employ an individual at a subminimum wage, the entity described in subsection (a) shall verify completion of the requirements of subsection (c), including reviewing any relevant documents provided by the individual, and shall maintain copies of the documentation described in subsection (d).
</text>
</subparagraph>
<subparagraph id="H7D72E65F54B241B1BDFF3A922C756FE6">
<enum>
(B)
</enum>
<header>
Review of documentation
</header>
<text>
The entity described in subsection (a) shall be subject to review of individual documentation described in subsection (d) by a representative working directly for the designated State unit or the Department of Labor at such a time and in such a manner as may be necessary to fulfill the intent of this section, consistent with regulations established by the designated State unit or the Secretary of Labor.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HEABADB86E6524B3E87C25B666A53768B">
<enum>
(f)
</enum>
<header>
Federal minimum wage
</header>
<text>
In this section, the term
<term>
Federal minimum wage
</term>
means the rate applicable under section 6(a)(1) of the Fair Labor Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/206">
29 U.S.C. 206(a)(1)
</external-xref>
).
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="H1BFB9D1FF47142ECAA9E726A6D322B5B">
<enum>
(b)
</enum>
<header>
Effective date
</header>
<text>
This section takes effect 2 years after the date of enactment of the Workforce Innovation and Opportunity Act.
</text>
</subsection>
</section>
</subtitle>
<subtitle id="HDF470FF0D03F4D728C41FD508DA662FF">
<enum>
G
</enum>
<header>
Employment Opportunities for Individuals With Disabilities
</header>
<section id="H47A42289AC154841963FE882B7159B5B">
<enum>
461.
</enum>
<header>
Employment opportunities for individuals with disabilities
</header>
<text display-inline="no-display-inline">
Title VI (
<external-xref legal-doc="usc" parsable-cite="usc/29/795">
29 U.S.C. 795 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="HA69CBAB57E774BF48DCBE3248A88662D">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by striking part A;
</text>
</paragraph>
<paragraph id="HD956423DB3DD423D90B0655620E63EB1">
<enum>
(2)
</enum>
<text>
by striking the part heading relating to part B;
</text>
</paragraph>
<paragraph id="H3E70160EF66B4B368D7EC87E4B64E942">
<enum>
(3)
</enum>
<text>
by redesignating sections 621 through 628 as sections 602 through 609, respectively;
</text>
</paragraph>
<paragraph id="HAFC5B7C099BE435F88E836AE2D8AFB56">
<enum>
(4)
</enum>
<text>
in section 602, as redesignated by paragraph (3)—
</text>
<subparagraph id="H3FD71D0F32974B84881360D07B6BB4BB">
<enum>
(A)
</enum>
<text>
by striking
<quote>
part
</quote>
and inserting
<quote>
title
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H303E9CD605114DD5B165C01AE50CA125">
<enum>
(B)
</enum>
<text>
by striking
<quote>
individuals with the most significant disabilities
</quote>
and all that follows and inserting
<quote>
individuals with the most significant disabilities, including youth with the most significant disabilities, to enable such individuals to achieve an employment outcome of supported employment in competitive integrated employment.
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H56CB01499EA34F5C846A6BD5610CE48D">
<enum>
(5)
</enum>
<text>
in section 603, as redesignated by paragraph (3)—
</text>
<subparagraph id="HE2AC591521104896A86A1AFD43E8FA6C">
<enum>
(A)
</enum>
<text>
in subsection (a)—
</text>
<clause id="HF785379FF1B0437FBD8EF69EB81100EA">
<enum>
(i)
</enum>
<text>
in paragraph (1)—
</text>
<subclause id="HB5B7104A8631486A9FD84381DE01E9C4">
<enum>
(I)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
part
</quote>
and inserting
<quote>
title
</quote>
;
</text>
</subclause>
<subclause id="H16BC72C237584DC0B1E4113E39B7BB10">
<enum>
(II)
</enum>
<text>
in subparagraph (A), by inserting
<quote>
amount
</quote>
after
<quote>
whichever
</quote>
; and
</text>
</subclause>
<subclause id="H37B8DC94DE8446F78A61E688C257A784">
<enum>
(III)
</enum>
<text>
in subparagraph (B)—
</text>
<item id="HC848AE2F4A544B188DA26E5EE1B3B57B">
<enum>
(aa)
</enum>
<text>
by striking
<quote>
part for the fiscal year
</quote>
and inserting
<quote>
title for the fiscal year
</quote>
;
</text>
</item>
<item id="HBBFCECC8CB3F4405B8EF9D2D6F476893">
<enum>
(bb)
</enum>
<text>
by striking
<quote>
this part in fiscal year 1992
</quote>
and inserting
<quote>
part B of this title (as in effect on September 30, 1992) in fiscal year 1992
</quote>
; and
</text>
</item>
<item id="HE9B110C7BCCC4A2989EB850C7DECCCB2">
<enum>
(cc)
</enum>
<text>
by inserting
<quote>
amount
</quote>
after
<quote>
whichever
</quote>
; and
</text>
</item>
</subclause>
</clause>
<clause id="H188A30B5353A4C6EBBD163B6BB59B534">
<enum>
(ii)
</enum>
<text>
in paragraph (2)(B), by striking
<quote>
one-eighth of one percent
</quote>
and inserting
<quote>
<fraction>
1/8
</fraction>
of 1 percent
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H8EA0AC5DC5124572AB874B416C975292">
<enum>
(B)
</enum>
<text>
in subsection (b)—
</text>
<clause id="HCF59A45A5C68422488D24282401C38B3">
<enum>
(i)
</enum>
<text>
by inserting
<quote>
under subsection (a)
</quote>
after
<quote>
allotment to a State
</quote>
;
</text>
</clause>
<clause id="H29E13B02E66B4995B7FEEB1211AAD47D">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
part
</quote>
each place the term appears and inserting
<quote>
title
</quote>
; and
</text>
</clause>
<clause id="H7E6017AD69634A14B9990B2F4EB1618E">
<enum>
(iii)
</enum>
<text>
by striking
<quote>
one or more
</quote>
and inserting
<quote>
1 or more
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H2E169014D4C542B783CC06416202BA85">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2E7B923339BE452C890A720B6CC8AC4D" style="OLC">
<subsection id="H90FA699D83F640BE8D9A8DCF23BB1637">
<enum>
(c)
</enum>
<header>
Limitations on administrative costs
</header>
<text>
A State that receives an allotment under this title shall not use more than 2.5 percent of such allotment to pay for administrative costs.
</text>
</subsection>
<subsection id="H502F17E3336B4A289066EFCFF0D15520">
<enum>
(d)
</enum>
<header>
Services for youth with the most significant disabilities
</header>
<text>
A State that receives an allotment under this title shall reserve and expend half of such allotment for the provision of supported employment services, including extended services, to youth with the most significant disabilities in order to assist those youth in achieving an employment outcome in supported employment.
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H12297B76FDB54FD4B1B7211407373394">
<enum>
(6)
</enum>
<text>
by striking section 604, as redesignated by paragraph (3), and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HCF2F1E14FFE8415FAAD9B1177E781C5B" style="OLC">
<section id="HC75332FC366046DCBCB6BE2A5E01EE53">
<enum>
604.
</enum>
<header>
Availability of services
</header>
<subsection id="HEC9BC05EDB644566933CB69905C77817">
<enum>
(a)
</enum>
<header>
Supported employment services
</header>
<text display-inline="yes-display-inline">
Funds provided under this title may be used to provide supported employment services to individuals who are eligible under this title.
</text>
</subsection>
<subsection id="H482FA099B8634F27AE69F009DA6C420F">
<enum>
(b)
</enum>
<header>
Extended services
</header>
<paragraph id="HD3B0BA9FFBD746EE8B5235A450C682F6">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Except as provided in paragraph (2), funds provided under this title, or title I, may not be used to provide extended services to individuals under this title or title I.
</text>
</paragraph>
<paragraph id="HA0703C65D0D14BA6B998F8ADD0B78636">
<enum>
(2)
</enum>
<header>
Extended services for youth with the most significant disabilities
</header>
<text>
Funds allotted under this title, or title I, and used for the provision of services under this title to youth with the most significant disabilities pursuant to section 603(d), may be used to provide extended services to youth with the most significant disabilities. Such extended services shall be available for a period not to exceed 4 years.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H3B86125F20D14BCCBEAF0F0376927406">
<enum>
(7)
</enum>
<text>
in section 605, as redesignated by paragraph (3)—
</text>
<subparagraph id="H1B94239E424D488FA419CF8B5A46CC85">
<enum>
(A)
</enum>
<text>
in the matter preceding paragraph (1)—
</text>
<clause id="H1FCD2083FAED448E93480A96E644CD71">
<enum>
(i)
</enum>
<text>
by inserting
<quote>
, including a youth with a disability,
</quote>
after
<quote>
An individual
</quote>
; and
</text>
</clause>
<clause id="HC03784BE331C4A4EBDC41B0E28A9A168">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
this part
</quote>
and inserting
<quote>
this title
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HB3833A06E9314948BC5C76C0A2CEFFE1">
<enum>
(B)
</enum>
<text>
in paragraph (1), by inserting
<quote>
under title I
</quote>
after
<quote>
rehabilitation services
</quote>
;
</text>
</subparagraph>
<subparagraph id="HBBBE95A79D3244958B314BBFAC4519EA">
<enum>
(C)
</enum>
<text>
in paragraph (2), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subparagraph>
<subparagraph id="HD79EDA017D2B410B8D26BD8D1749C5DA">
<enum>
(D)
</enum>
<text>
by redesignating paragraph (3) as paragraph (4);
</text>
</subparagraph>
<subparagraph id="H064752E7FB6B4F3989960018292C26B3">
<enum>
(E)
</enum>
<text>
by inserting after paragraph (2) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H24071D9079F14EAF80C85E22962F0505" style="OLC">
<paragraph id="H4A309A2946774EE0B4B62F7B0E510511">
<enum>
(3)
</enum>
<text>
for purposes of activities carried out with funds described in section 603(d), the individual is a youth with a disability, as defined in section (7)(42); and
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H6D0D94DBE79D46A5A97DBB54DAF884EF">
<enum>
(F)
</enum>
<text>
in paragraph (4), as redesignated by subparagraph (D), by striking
<quote>
assessment of rehabilitation needs
</quote>
and inserting
<quote>
assessment of the rehabilitation needs
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H3492F6D589A040C9B8B65C197BB8A70A">
<enum>
(8)
</enum>
<text>
in section 606, as redesignated by paragraph (3)—
</text>
<subparagraph id="H5BDEB37B414B4B62ABC50A919EFF7C78">
<enum>
(A)
</enum>
<text>
in subsection (a)—
</text>
<clause id="H7DD3C952A5A04581A4CC2F43078BFF7E">
<enum>
(i)
</enum>
<text>
by striking
<quote>
this part
</quote>
and inserting
<quote>
this title
</quote>
; and
</text>
</clause>
<clause id="H9E5AA37C71364C67AC70C155F17BF008">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
, including youth with the most significant disabilities,
</quote>
after
<quote>
individuals
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H2214B699861C4E8F934917C708DB648C">
<enum>
(B)
</enum>
<text>
in subsection (b)—
</text>
<clause id="H715E040BCCDB449A897FBACE61E7EAB9">
<enum>
(i)
</enum>
<text>
in paragraph (1), by striking
<quote>
this part
</quote>
and inserting
<quote>
this title
</quote>
;
</text>
</clause>
<clause id="H3F6089A9B61544D9AB87994915E1B492">
<enum>
(ii)
</enum>
<text>
in paragraph (2), by inserting
<quote>
, including youth,
</quote>
after
<quote>
rehabilitation needs of individuals
</quote>
;
</text>
</clause>
<clause id="H6FFAD890C78F4E99A046AE5B43E5BAF4">
<enum>
(iii)
</enum>
<text>
in paragraph (3)—
</text>
<subclause id="HAF14EDF9820E4C0D80B14E9775721988">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
, including youth with the most significant disabilities,
</quote>
after
<quote>
provided to individuals
</quote>
; and
</text>
</subclause>
<subclause id="H4FC47499948C4D7188EBD4777B38C752">
<enum>
(II)
</enum>
<text>
by striking
<quote>
section 622
</quote>
and inserting
<quote>
section 603
</quote>
;
</text>
</subclause>
</clause>
<clause id="H8673F0A00ED248CD9DED8CCECFD81357">
<enum>
(iv)
</enum>
<text>
by striking paragraph (7);
</text>
</clause>
<clause id="H1A9E6027E5F5418D8B88CAC9218EF25B">
<enum>
(v)
</enum>
<text>
by redesignating paragraph (6) as paragraph (7);
</text>
</clause>
<clause id="HC1C8C8F760184E75ABB620B6D53A250B">
<enum>
(vi)
</enum>
<text>
by inserting after paragraph (5) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1842F7F4E5A445A4AB36E1D794AE62A9" style="OLC">
<paragraph id="H1AEF6CA28B0B49239993B7224E50CE11">
<enum>
(6)
</enum>
<text>
describe the activities to be conducted pursuant to section 603(d) for youth with the most significant disabilities, including—
</text>
<subparagraph id="HB9E7A97CB33F4CD69226978E3F03B384">
<enum>
(A)
</enum>
<text>
the provision of extended services for a period not to exceed 4 years; and
</text>
</subparagraph>
<subparagraph id="HDB3C18B1A7934B3EAB8051A5EC46BC1A">
<enum>
(B)
</enum>
<text>
how the State will use the funds reserved in section 603(d) to leverage other public and private funds to increase resources for extended services and expand supported employment opportunities for youth with the most significant disabilities;
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HDB6911A8710A448981BF47DE9B219A99">
<enum>
(vii)
</enum>
<text>
in paragraph (7), as redesignated by clause (v)—
</text>
<subclause id="H50CF75AB24CF42D09F3F4EED733A6586">
<enum>
(I)
</enum>
<text>
in subparagraph (A), by striking
<quote>
under this part
</quote>
both places the term appears and inserting
<quote>
under this title
</quote>
;
</text>
</subclause>
<subclause id="H41F6393F2D6347418C64127358B3BE3A">
<enum>
(II)
</enum>
<text>
in subparagraph (B), by inserting
<quote>
, including youth with the most significant disabilities,
</quote>
after
<quote>
significant disabilities
</quote>
;
</text>
</subclause>
<subclause id="H1A656DE004654E709B07C2D3661F0874">
<enum>
(III)
</enum>
<text>
in subparagraph (C)—
</text>
<item id="HFE2793FE37F54C5892C1B48B11596CFB">
<enum>
(aa)
</enum>
<text>
in clause (i), by inserting
<quote>
, including, as appropriate, for youth with the most significant disabilities, transition services and pre-employment transition services
</quote>
after
<quote>
services to be provided
</quote>
;
</text>
</item>
<item id="H098E4A54C53A4C6C82BDCA4DD4604350">
<enum>
(bb)
</enum>
<text>
in clause (ii), by inserting
<quote>
, including the extended services that may be provided to youth with the most significant disabilities under this title, in accordance with an approved individualized plan for employment, for a period not to exceed 4 years
</quote>
after
<quote>
services needed
</quote>
; and
</text>
</item>
<item id="H60B3A33BE5A942BB890B5A5DE13C9F6F">
<enum>
(cc)
</enum>
<text>
in clause (iii)—
</text>
<subitem id="H4AD452F3DE0348FFAB2703AC29A57202">
<enum>
(AA)
</enum>
<text>
by striking
<quote>
identify the source of extended services,
</quote>
and inserting
<quote>
identify, as appropriate, the source of extended services,
</quote>
;
</text>
</subitem>
<subitem id="H87F8AEA19DF740F485CC8BC38C282B31">
<enum>
(BB)
</enum>
<text>
by striking
<quote>
or to the extent
</quote>
and inserting
<quote>
or indicate
</quote>
; and
</text>
</subitem>
<subitem id="HA9A04B3C828D409FB7BBDB4AEC3729DF">
<enum>
(CC)
</enum>
<text>
by striking
<quote>
employment is developed
</quote>
and all that follows and inserting
<quote>
employment is developed;
</quote>
</text>
</subitem>
</item>
</subclause>
<subclause id="H5896F109B989479995BF7DB99712D63C">
<enum>
(IV)
</enum>
<text>
in subparagraph (D), by striking
<quote>
under this part
</quote>
and inserting
<quote>
under this title
</quote>
;
</text>
</subclause>
<subclause id="HB8AEB0F7EC5546FA8502439CCDEDDB02">
<enum>
(V)
</enum>
<text>
in subparagraph (F), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subclause>
<subclause id="H21233F730BC9432FA549976810C39745">
<enum>
(VI)
</enum>
<text>
in subparagraph (G), by striking
<quote>
for the maximum number of hours possible
</quote>
; and
</text>
</subclause>
<subclause id="H0DE4FBE7D9C940B489341483091E51A3">
<enum>
(VII)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HFE1C9FDDBF3043EFB5B3B0937D333696" style="OLC">
<subparagraph id="H79E00D0D284B4A2896BA94D7BBB94A60">
<enum>
(H)
</enum>
<text>
the State agencies designated under paragraph (1) will expend not more than 2.5 percent of the allotment of the State under this title for administrative costs of carrying out this title; and
</text>
</subparagraph>
<subparagraph id="HBFAD64ED505F4C80AA3D19E56174FA79">
<enum>
(I)
</enum>
<text>
with respect to supported employment services provided to youth with the most significant disabilities pursuant to section 603(d), the designated State agency will provide, directly or indirectly through public or private entities, non-Federal contributions in an amount that is not less than 10 percent of the costs of carrying out such services; and
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H5061E72A0A9F4F8CB0458DA8DBCDC11F">
<enum>
(9)
</enum>
<text>
by striking section 607, as redesignated by paragraph (3), and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H999A1066EDD44668A05277CAA07E1BDD" style="OLC">
<section id="H62478B3B5020431EA0AAF380C6031B26">
<enum>
607.
</enum>
<header>
Restriction
</header>
<text display-inline="no-display-inline">
Each State agency designated under section 606(b)(1) shall collect the information required by section 101(a)(10) separately for—
</text>
<paragraph id="H1A2187FBF31146209B97EC147A52F0CE">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
eligible individuals receiving supported employment services under this title;
</text>
</paragraph>
<paragraph id="H213E82165641479C9C2979B5147C3A4A">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
eligible individuals receiving supported employment services under title I;
</text>
</paragraph>
<paragraph id="HDCD43BF8395C4BD4AFA682E2AF401C0F">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
eligible youth receiving supported employment services under this title; and
</text>
</paragraph>
<paragraph id="HC85832B10A8E4DDE99E21F0A9EDD636E">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
eligible youth receiving supported employment services under title I.
</text>
</paragraph>
</section>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H3B085B6D9CFE4D96A491EA88A92C184B">
<enum>
(10)
</enum>
<text>
in section 608(b), as redesignated by paragraph (3), by striking
<quote>
this part
</quote>
both places the terms appears and inserting
<quote>
this title
</quote>
; and
</text>
</paragraph>
<paragraph id="H4FF5501EC06A4537B35F6359C24093CE">
<enum>
(11)
</enum>
<text>
by striking section 609, as redesignated by paragraph (3), and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB10148CF85E6428DB9E43333067A6427" style="OLC">
<section id="H026AB44E9DA642729D177266CE2075EF">
<enum>
609.
</enum>
<header>
Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities
</header>
<subsection id="HB573F7C62E7B4B278A1528E72BDD3691">
<enum>
(a)
</enum>
<header>
Establishment
</header>
<text>
Not later than 60 days after the date of enactment of the Workforce Innovation and Opportunity Act, the Secretary of Labor shall establish an Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (referred to in this section as the
<quote>
Committee
</quote>
).
</text>
</subsection>
<subsection id="HFE4C81DB5A8A4D1FA8D514A5170F81B7">
<enum>
(b)
</enum>
<header>
Appointment and vacancies
</header>
<paragraph id="H7CF261C2EC07459896F058E924F3C104">
<enum>
(1)
</enum>
<header>
Appointment
</header>
<text>
The Secretary of Labor shall appoint the members of the Committee described in subsection (c)(6), in accordance with subsection (c).
</text>
</paragraph>
<paragraph commented="no" id="H6305D31CCB654E079968C05B5A91D9A7">
<enum>
(2)
</enum>
<header>
Vacancies
</header>
<text>
Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner, in accordance with the same paragraph of subsection (c), as the original appointment or designation was made.
</text>
</paragraph>
</subsection>
<subsection id="H726A3F33820445EA904E287A30B66B49">
<enum>
(c)
</enum>
<header>
Composition
</header>
<text display-inline="yes-display-inline">
The Committee shall be composed of—
</text>
<paragraph id="H8B1E550A0EDB41E79585551D558F95C8">
<enum>
(1)
</enum>
<text>
the Assistant Secretary for Disability Employment Policy, the Assistant Secretary for Employment and Training, and the Administrator of the Wage and Hour Division, of the Department of Labor;
</text>
</paragraph>
<paragraph id="H95BE1E3FE68046A1A2FA9DAF725C52E9">
<enum>
(2)
</enum>
<text>
the Commissioner of the Administration on Intellectual and Developmental Disabilities, or the Commissioner's designee;
</text>
</paragraph>
<paragraph id="H47A6F8BF616244038803E952163BEED1">
<enum>
(3)
</enum>
<text>
the Director of the Centers for Medicare & Medicaid Services of the Department of Health and Human Services, or the Director's designee;
</text>
</paragraph>
<paragraph id="H55AC1AA0882E45E39C61293328891C6D">
<enum>
(4)
</enum>
<text>
the Commissioner of Social Security, or the Commissioner's designee;
</text>
</paragraph>
<paragraph id="HFCD22C9662BB4443B61B44370B6DF775">
<enum>
(5)
</enum>
<text>
the Commissioner of the Rehabilitation Services Administration, or the Commissioner's designee; and
</text>
</paragraph>
<paragraph id="HC120AE2C7F1C48918FAA22C1C4DAED4D">
<enum>
(6)
</enum>
<text>
representatives from constituencies consisting of—
</text>
<subparagraph id="H85283DB660994BBF8BB78F96317BB64C">
<enum>
(A)
</enum>
<text>
self-advocates for individuals with intellectual or developmental disabilities;
</text>
</subparagraph>
<subparagraph id="H5464C449BEEE409581E860FF34DA3C5D">
<enum>
(B)
</enum>
<text>
providers of employment services, including those that employ individuals with intellectual or developmental disabilities in competitive integrated employment;
</text>
</subparagraph>
<subparagraph id="H8FEFB97443494619A29E47F0EE35D50F">
<enum>
(C)
</enum>
<text>
representatives of national disability advocacy organizations for adults with intellectual or developmental disabilities;
</text>
</subparagraph>
<subparagraph id="HCE1E50FBA3E7459C816CF272D2871F95">
<enum>
(D)
</enum>
<text>
experts with a background in academia or research and expertise in employment and wage policy issues for individuals with intellectual or developmental disabilities;
</text>
</subparagraph>
<subparagraph id="H2370ADEBAF4D4BBF937723C46077CC9B">
<enum>
(E)
</enum>
<text>
representatives from the employer community or national employer organizations; and
</text>
</subparagraph>
<subparagraph id="H8A71AE6732EB4B68917A69F85394D00C">
<enum>
(F)
</enum>
<text>
other individuals or representatives of organizations with expertise on increasing opportunities for competitive integrated employment for individuals with disabilities.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H4B51C3C7506C44598F963E8364ABDCC6">
<enum>
(d)
</enum>
<header>
Chairperson
</header>
<text>
The Committee shall elect a Chairperson of the Committee from among the appointed members of the Committee.
</text>
</subsection>
<subsection id="HD2AF409B0F15475D812E01FE27A591C3">
<enum>
(e)
</enum>
<header>
Meetings
</header>
<text>
The Committee shall meet at the call of the Chairperson, but not less than 8 times.
</text>
</subsection>
<subsection id="H46F1272617E248CE9BC96993ACA4CEE0">
<enum>
(f)
</enum>
<header>
Duties
</header>
<text>
The Committee shall study, and prepare findings, conclusions, and recommendations for the Secretary of Labor on—
</text>
<paragraph id="HE673887C7836478A89042899F9EDE04B">
<enum>
(1)
</enum>
<text>
ways to increase the employment opportunities for individuals with intellectual or developmental disabilities or other individuals with significant disabilities in competitive integrated employment;
</text>
</paragraph>
<paragraph id="HCD2DDE7321654F9B9B060354E98FDE26">
<enum>
(2)
</enum>
<text>
the use of the certificate program carried out under section 14(c) of the Fair Labor Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/214">
29 U.S.C. 214(c)
</external-xref>
) for the employment of individuals with intellectual or developmental disabilities, or other individuals with significant disabilities; and
</text>
</paragraph>
<paragraph id="HECE4DE759C77478C9785B30CF9807F39">
<enum>
(3)
</enum>
<text>
ways to improve oversight of the use of such certificates.
</text>
</paragraph>
</subsection>
<subsection id="H9AAEC211B481400593A5CDDE930CB916">
<enum>
(g)
</enum>
<header>
Committee personnel matters
</header>
<paragraph commented="no" id="HE306CC8132924B259A6C8CE84C4EBE9C">
<enum>
(1)
</enum>
<header>
Travel expenses
</header>
<text>
The members of the Committee shall not receive compensation for the performance of services for the Committee, but shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/57">
chapter 57
</external-xref>
of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. Notwithstanding
<external-xref legal-doc="usc" parsable-cite="usc/31/1342">
section 1342
</external-xref>
of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Committee.
</text>
</paragraph>
<paragraph id="H1A7AC9B258B041ED8E71AF519421264E">
<enum>
(2)
</enum>
<header>
Staff
</header>
<text>
The Secretary of Labor may designate such personnel as may be necessary to enable the Committee to perform its duties.
</text>
</paragraph>
<paragraph id="HE61A92F2AFD44900813CF68774C65497">
<enum>
(3)
</enum>
<header>
Detail of government employees
</header>
<text>
Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
</text>
</paragraph>
<paragraph id="HF918AEC19F7F40488984223D38555DA9">
<enum>
(4)
</enum>
<header>
Facilities, equipment, and services
</header>
<text>
The Secretary of Labor shall make available to the Committee, under such arrangements as may be appropriate, necessary equipment, supplies, and services.
</text>
</paragraph>
</subsection>
<subsection id="HB052F01E1CE34EE4A4A8965F36A2770D">
<enum>
(h)
</enum>
<header>
Reports
</header>
<paragraph id="H45847F9BC2F84AE68B8E1471E440684B">
<enum>
(1)
</enum>
<header>
Interim and final reports
</header>
<text>
The Committee shall prepare and submit to the Secretary of Labor, as well as the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives—
</text>
<subparagraph id="H31D0340F5C394E4B9CD1411D89814A73">
<enum>
(A)
</enum>
<text>
an interim report that summarizes the progress of the Committee, along with any interim findings, conclusions, and recommendations as described in subsection (f); and
</text>
</subparagraph>
<subparagraph id="H0092C68C062247EA98F4F987A076D4C7">
<enum>
(B)
</enum>
<text>
a final report that states final findings, conclusions, and recommendations as described in subsection (f).
</text>
</subparagraph>
</paragraph>
<paragraph id="H512DCC697E8B4634A2DF33F76D9137B7">
<enum>
(2)
</enum>
<header>
Preparation and submission
</header>
<text>
The reports shall be prepared and submitted—
</text>
<subparagraph id="H35584B68DEFF40FB91E03DA894F131A7">
<enum>
(A)
</enum>
<text>
in the case of the interim report, not later than 1 year after the date on which the Committee is established under subsection (a); and
</text>
</subparagraph>
<subparagraph id="H0CD1E5401F6F48F98BFDBD0F92531D70">
<enum>
(B)
</enum>
<text>
in the case of the final report, not later than 2 years after the date on which the Committee is established under subsection (a).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H0347F68C6BD748158D43424478A38E02">
<enum>
(i)
</enum>
<header>
Termination
</header>
<text display-inline="yes-display-inline">
The Committee shall terminate on the day after the date on which the Committee submits the final report.
</text>
</subsection>
</section>
<section id="HE1A16D600701436495406FBDC7B34F15">
<enum>
610.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
There is authorized to be appropriated to carry out this title $27,548,000 for fiscal year 2015, $29,676,000 for fiscal year 2016, $30,292,000 for fiscal year 2017, $30,963,000 for fiscal year 2018, $31,691,000 for fiscal year 2019, and $32,363,000 for fiscal year 2020.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
<subtitle id="H88989D9110104874996A40117417249D">
<enum>
H
</enum>
<header>
Independent Living Services and Centers for Independent Living
</header>
<chapter id="H0711C931132641B48125CC3CD23E8EFE">
<enum>
1
</enum>
<header>
Individuals with significant disabilities
</header>
<subchapter id="H8624E86338F145FFA3E2505836FB936E" style="OLC">
<enum>
A
</enum>
<header>
General provisions
</header>
<section id="H39E50CED76FB45CD93398FD907227BD9">
<enum>
471.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
Section 701 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796">
29 U.S.C. 796
</external-xref>
) is amended, in paragraph (3)—
</text>
<paragraph id="HA9AFB535510F4975B0607D48420427A8">
<enum>
(1)
</enum>
<text>
by striking
<quote>
part B of title VI
</quote>
and inserting
<quote>
title VI
</quote>
; and
</text>
</paragraph>
<paragraph id="H50730175A6B0429E9BA6712BDD63D156">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by inserting before the period the following:
<quote>
, with the goal of improving the independence of individuals with disabilities
</quote>
.
</text>
</paragraph>
</section>
<section id="HF46D4F19498E4D92AB2B94296CDDF58C">
<enum>
472.
</enum>
<header>
Administration of the independent living program
</header>
<text display-inline="no-display-inline">
Title VII (
<external-xref legal-doc="usc" parsable-cite="usc/29/796">
29 U.S.C. 796 et seq.
</external-xref>
) is amended by inserting after section 701 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3BD7B51589CA4F6DAA734C7D12BAF1B6" style="OLC">
<section id="H61D6A29BB7E34A9C85C9FCA2566AF437">
<enum>
701A.
</enum>
<header>
Administration of the independent living program
</header>
<text display-inline="no-display-inline">
There is established within the Administration for Community Living of the Department of Health and Human Services, an Independent Living Administration. The Independent Living Administration shall be headed by a Director (referred to in this section as the
<quote>
Director
</quote>
) appointed by the Secretary of Health and Human Services. The Director shall be an individual with substantial knowledge of independent living services. The Independent Living Administration shall be the principal agency, and the Director shall be the principal officer, to carry out this chapter. In performing the functions of the office, the Director shall be directly responsible to the Administrator of the Administration for Community Living of the Department of Health and Human Services. The Secretary shall ensure that the Independent Living Administration has sufficient resources (including designating at least 1 individual from the Office of General Counsel who is knowledgeable about independent living services) to provide technical assistance and support to, and oversight of, the programs funded under this chapter.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H73B20CD9B4EC48EABB3CC427E3386C70">
<enum>
473.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 702 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796a">
29 U.S.C. 796a
</external-xref>
) is amended—
</text>
<paragraph id="H4765EACC85B44839950EDCCA43F49988">
<enum>
(1)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="HEA1F99EE5D84405782B39D9E3073C0AD">
<enum>
(A)
</enum>
<text>
in the matter before subparagraph (A), by inserting
<quote>
for individuals with significant disabilities (regardless of age or income)
</quote>
before
<quote>
that—
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H6C14099F74D843B69D5A6ACB0E0FF4F1">
<enum>
(B)
</enum>
<text>
in subparagraph (B), by striking the period and inserting
<quote>
, including, at a minimum, independent living core services as defined in section 7(17).
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HAD78B58BFB554F3BB9B8F6FBDCAFA8EE">
<enum>
(2)
</enum>
<text>
in paragraph (2), by striking the period and inserting the following:
<quote>
, in terms of the management, staffing, decisionmaking, operation, and provisions of services, of the center.
</quote>
;
</text>
</paragraph>
<paragraph id="H668B341922FD4A7797C37896E7051683">
<enum>
(3)
</enum>
<text>
by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and
</text>
</paragraph>
<paragraph id="H314A5C9E18DC430386E5AC93183D09EE">
<enum>
(4)
</enum>
<text>
by inserting before paragraph (2) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HEC558BC35D0747FDB7F64EDCF301CB61" style="OLC">
<paragraph id="H7D5C9B8E9D7F4CD38EB752DC76A7A855">
<enum>
(1)
</enum>
<header>
Administrator
</header>
<text>
The term
<term>
Administrator
</term>
means the Administrator of the Administration for Community Living of the Department of Health and Human Services.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HC733CB646B7A46FDB1170C29D12EF986">
<enum>
474.
</enum>
<header>
State plan
</header>
<text display-inline="no-display-inline">
Section 704 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796c">
29 U.S.C. 796c
</external-xref>
) is amended—
</text>
<paragraph id="H5D3EF9B221BA4654A65594393AF26454">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="HB13385FB2EF246C0B6244D8E9FA933C6">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause commented="no" id="H246035C836DD4ABD9EDCEAE9FE0E4553">
<enum>
(i)
</enum>
<text>
by inserting after
<quote>
State plan
</quote>
the following:
<quote>
developed and signed in accordance with paragraph (2),
</quote>
; and
</text>
</clause>
<clause commented="no" id="HF99A078323984763A7FB498D0291FE3C">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HDBEE58B28C74417FAA551A9E3C2BBBFC">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="HC81BFCDAE69B421680898481287A21B1">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
developed and signed by
</quote>
; and
</text>
</clause>
<clause id="H16CD0A6AFA774DF2970434097DD4A5F8">
<enum>
(ii)
</enum>
<text>
by striking subparagraphs (A) and (B) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7006F7E5E2D64A1598DC748DA8CB994E" style="OLC">
<subparagraph id="HAE7DCC2AE75243649BD78DE204619DDD">
<enum>
(A)
</enum>
<text>
developed by the chairperson of the Statewide Independent Living Council, and the directors of the centers for independent living in the State, after receiving public input from individuals with disabilities and other stakeholders throughout the State; and
</text>
</subparagraph>
<subparagraph id="HC90AF43140D049748A54B7A82D594908">
<enum>
(B)
</enum>
<text>
signed by—
</text>
<clause id="H9712B57D55D54764B5448A1FB99C2D19">
<enum>
(i)
</enum>
<text>
the chairperson of the Statewide Independent Living Council, acting on behalf of and at the direction of the Council;
</text>
</clause>
<clause id="HABC0F1CB52DB46EF8DB95A97FC3C4804">
<enum>
(ii)
</enum>
<text>
the director of the designated State entity described in subsection (c); and
</text>
</clause>
<clause id="HD2A335DD7AEC42DB8188348D0E287F2D">
<enum>
(iii)
</enum>
<text>
not less than 51 percent of the directors of the centers for independent living in the State.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H86E7EF8EFD97454DBC498EC29A49264F">
<enum>
(C)
</enum>
<text>
in paragraph (3)—
</text>
<clause id="HF6D72C68D9D6487D939C7C17DC89D384">
<enum>
(i)
</enum>
<text>
in subparagraph (A), by striking
<quote>
State independent living services
</quote>
and inserting
<quote>
independent living services in the State
</quote>
; and
</text>
</clause>
<clause id="H407A541BDDC746D89CE34F5861C6D814">
<enum>
(ii)
</enum>
<text>
by striking subparagraph (C) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H66C4D62205AC414986D670348CF59915" style="OLC">
<subparagraph id="H6973B8BE0F784DD0B6E086230D02D7E5">
<enum>
(C)
</enum>
<text>
working relationships and collaboration between—
</text>
<clause id="HE969C203DAC14DB48EDEE914AAD9F538">
<enum>
(i)
</enum>
<text>
centers for independent living; and
</text>
</clause>
<clause id="HCE3BA0F6C9824143967D41B349139B3B">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H16BA0D40A299478A83C98E030E9D3E17">
<enum>
(I)
</enum>
<text>
entities carrying out programs that provide independent living services, including those serving older individuals;
</text>
</subclause>
<subclause id="H4EB0440D9C654C1CA0BFFA943DD0988A" indent="up1">
<enum>
(II)
</enum>
<text>
other community-based organizations that provide or coordinate the provision of housing, transportation, employment, information and referral assistance, services, and supports for individuals with significant disabilities; and
</text>
</subclause>
<subclause id="H4E60B56F015B4D4D991E1C6E5B0D6E79" indent="up1">
<enum>
(III)
</enum>
<text>
entities carrying out other programs providing services for individuals with disabilities.
</text>
</subclause>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HAF22FDC8795845E7989FBA2A25E93BD0">
<enum>
(D)
</enum>
<text>
in paragraph (4), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H3668C2987844440A9B57E2C492361624">
<enum>
(E)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC609E07A4C8243C0A2AF4B53AA8FF6EE" style="OLC">
<paragraph id="HA2BF8ECC634544398423A45F30875879">
<enum>
(5)
</enum>
<header>
Statewideness
</header>
<text>
The State plan shall describe strategies for providing independent living services on a statewide basis, to the greatest extent possible.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HC5C333430FB344559EFE297B4DA2BA48">
<enum>
(2)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="H6ADD9A65737F4260BB83D86C8874026F">
<enum>
(A)
</enum>
<text>
in the subsection heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
unit
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
entity
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="H5866DD3BBC3A478B9B38EAF232FEA7D3">
<enum>
(B)
</enum>
<text>
in the matter preceding paragraph (1), by striking
<quote>
the designated State unit of such State
</quote>
and inserting
<quote>
a State entity of such State (referred to in this title as the
<quote>
designated State entity
</quote>
)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H86927A81A43144958B4859DE42EE3364">
<enum>
(C)
</enum>
<text>
in paragraphs (3) and (4), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
;
</text>
</subparagraph>
<subparagraph id="H539A0D623B644F149136345E53642B7B">
<enum>
(D)
</enum>
<text>
in paragraph (3), by striking
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="HA77731DC82E740CBA3CCD7FCC055F240">
<enum>
(E)
</enum>
<text>
in paragraph (4), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H44A183AEF4074763B7ADE23995ACB6C5">
<enum>
(F)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB1CD4A02EEB34C43BE48481BE4EB5200" style="OLC">
<paragraph id="H1CD1D5FC24E248328DECD48E3AB2178A">
<enum>
(5)
</enum>
<text>
retain not more than 5 percent of the funds received by the State for any fiscal year under part B, for the performance of the services outlined in paragraphs (1) through (4).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HB175BE636A984C42BB0EA05A5FA8DE1A">
<enum>
(3)
</enum>
<text>
in subsection (i), by striking paragraphs (1) and (2) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6DB4724E91964259A724C4FD6C8BBA63" style="OLC">
<paragraph id="HBD5FF1C39343481E97278EFC721204C3">
<enum>
(1)
</enum>
<text>
the Statewide Independent Living Council;
</text>
</paragraph>
<paragraph id="HE259ED8168094FBFB1275CE12BE8E591">
<enum>
(2)
</enum>
<text>
centers for independent living;
</text>
</paragraph>
<paragraph id="H80C0F33E960642C087601240C4008668">
<enum>
(3)
</enum>
<text>
the designated State entity; and
</text>
</paragraph>
<paragraph id="HF36EE6635C794370B9BF2B7E1C6ED195">
<enum>
(4)
</enum>
<text>
other State agencies or entities represented on the Council, other councils that address the needs and issues of specific disability populations, and other public and private entities determined to be appropriate by the Council.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HC2B0647B88F1433B920DB40ABEFD8B13">
<enum>
(4)
</enum>
<text>
in subsection (m)—
</text>
<subparagraph id="HFA6049DEFE60469C9480B98836D0E65D">
<enum>
(A)
</enum>
<text>
in paragraph (4), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H1D42AF3E612444EFB6963C2DB8FBF63F">
<enum>
(B)
</enum>
<text>
in paragraph (5), by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
Administrator
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H74E6885CC10F492586B0E1772852DC2E">
<enum>
(5)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H57092CFD17B64720A7437DD3B0966881" style="OLC">
<subsection id="H25E746B25B324C14AB5E4FC9F21E9C5A">
<enum>
(o)
</enum>
<header>
Promoting full access to community life
</header>
<text>
The plan shall describe how the State will provide independent living services described in section 7(18) that promote full access to community life for individuals with significant disabilities.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H78AA54A1BEEB40AAA6C1737E90C70967">
<enum>
475.
</enum>
<header>
Statewide Independent Living Council
</header>
<text display-inline="no-display-inline">
Section 705 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796d">
29 U.S.C. 796d
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="H36FAA9A24000493B88AB9654F812B6E5">
<enum>
(1)
</enum>
<text>
in subsection (a), by inserting
<quote>
and maintain
</quote>
after
<quote>
shall establish
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="H53F4A9F6890C41EC921DD348B48B7F9E">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph commented="no" id="H9571FED72AFB464BB158EAC6ED212CE6">
<enum>
(A)
</enum>
<text>
in paragraph (2)—
</text>
<clause commented="no" id="H2B3421F06CA64342B183061BC93E5EE8">
<enum>
(i)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause commented="no" id="H2495908633F04006971FE0E1ADEEE536">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
among its voting members,
</quote>
before
<quote>
at least
</quote>
; and
</text>
</subclause>
<subclause commented="no" id="HC4D097D2FF144BB7819CE59B2B52B75D">
<enum>
(II)
</enum>
<text>
by striking
<quote>
one
</quote>
and inserting
<quote>
1
</quote>
; and
</text>
</subclause>
</clause>
<clause commented="no" id="H787A9FC209764C5F835BD2D0C8AFCA2C">
<enum>
(ii)
</enum>
<text>
by striking subparagraphs (B) and (C) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6B1EFCD61D7F4B379471A18493CEC6FA" style="OLC">
<subparagraph commented="no" id="HB2712A1CD5CF4EA8966754D6D61E886B">
<enum>
(B)
</enum>
<text>
among its voting members, for a State in which 1 or more centers for independent living are run by, or in conjunction with, the governing bodies of American Indian tribes located on Federal or State reservations, at least 1 representative of the directors of such centers; and
</text>
</subparagraph>
<subparagraph commented="no" id="H9EB71ED7D5F64FE89E967BA6D589566F">
<enum>
(C)
</enum>
<text>
as ex officio, nonvoting members, a representative of the designated State entity, and representatives from State agencies that provide services for individuals with disabilities.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H218FAF0A236C4FB084FFA83A3F2E6930">
<enum>
(B)
</enum>
<text>
in paragraph (3)—
</text>
<clause id="H2854BA38C18846A0A097F78F09226D82">
<enum>
(i)
</enum>
<text>
by redesignating subparagraphs (C) through (F) as subparagraphs (D) through (G), respectively;
</text>
</clause>
<clause id="H4229EEB19F334D768D5D544A7DCB6743">
<enum>
(ii)
</enum>
<text>
in subparagraph (B), by striking
<quote>
parents and guardians of
</quote>
; and
</text>
</clause>
<clause id="H8A5416632A8D49068073A193964C28B9">
<enum>
(iii)
</enum>
<text>
by inserting after paragraph (B) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3CFB0F7DF6C84FD59DCDBF41DFA2EC29" style="OLC">
<subparagraph id="H2CD581F807C04CA18960EFC3252DCCC9">
<enum>
(C)
</enum>
<text>
parents and guardians of individuals with disabilities;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph commented="no" id="HA63AF79FBE5541859BB37ACE808F96C3">
<enum>
(C)
</enum>
<text>
in paragraph (5)(B), by striking
<quote>
paragraph (3)
</quote>
and inserting
<quote>
paragraph (1)
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H9111721195F14085BA4238C62ED38E6D">
<enum>
(D)
</enum>
<text>
in paragraph (6)(B), by inserting
<quote>
, other than a representative described in paragraph (2)(A) if there is only one center for independent living within the State,
</quote>
after
<quote>
the Council
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H634FEEEE8D80468B97E5081D76DA2970">
<enum>
(3)
</enum>
<text>
by striking subsection (c) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H18E6F991C6FF4B3FA1BC32EE55AE6D66" style="OLC">
<subsection id="HB13FD767A8CB45A88EBBE78C304207A1">
<enum>
(c)
</enum>
<header>
Functions
</header>
<paragraph id="HED97B4581C764FFCBC75FA8DEF864825">
<enum>
(1)
</enum>
<header>
Duties
</header>
<text>
The Council shall—
</text>
<subparagraph id="HD8268BBA63814810ACAECA8BFE9ECC33">
<enum>
(A)
</enum>
<text>
develop the State plan as provided in section 704(a)(2);
</text>
</subparagraph>
<subparagraph id="HA4A99AC83B6E48D8A9203F9AB6EE551D">
<enum>
(B)
</enum>
<text>
monitor, review, and evaluate the implementation of the State plan;
</text>
</subparagraph>
<subparagraph id="H6AEF8527A07449BAAA3265BD42E1F5CB">
<enum>
(C)
</enum>
<text>
meet regularly, and ensure that such meetings of the Council are open to the public and sufficient advance notice of such meetings is provided;
</text>
</subparagraph>
<subparagraph id="H6F25C4DFCB4D48CCAAD946BBC3BB0ECD">
<enum>
(D)
</enum>
<text>
submit to the Administrator such periodic reports as the Administrator may reasonably request, and keep such records, and afford such access to such records, as the Administrator finds necessary to verify the information in such reports; and
</text>
</subparagraph>
<subparagraph id="H463AFFA66A994AC781F00E530D3D7479">
<enum>
(E)
</enum>
<text>
as appropriate, coordinate activities with other entities in the State that provide services similar to or complementary to independent living services, such as entities that facilitate the provision of or provide long-term community-based services and supports.
</text>
</subparagraph>
</paragraph>
<paragraph id="HC8FB43BABF914BE28486777B8BFBE8F2">
<enum>
(2)
</enum>
<header>
Authorities
</header>
<text>
The Council may, consistent with the State plan described in section 704, unless prohibited by State law—
</text>
<subparagraph id="H3AFE9FD2BB6A4CB38621B90FE31AC4D0">
<enum>
(A)
</enum>
<text>
in order to improve services provided to individuals with disabilities, work with centers for independent living to coordinate services with public and private entities;
</text>
</subparagraph>
<subparagraph id="H4A4A5F7C5EC243B79F6AFE187F0B26F8">
<enum>
(B)
</enum>
<text>
conduct resource development activities to support the activities described in this subsection or to support the provision of independent living services by centers for independent living; and
</text>
</subparagraph>
<subparagraph id="HDD4EBD2076C147CE9783A4E0DC090400">
<enum>
(C)
</enum>
<text>
perform such other functions, consistent with the purpose of this chapter and comparable to other functions described in this subsection, as the Council determines to be appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0B5850FC9F4C4E47A3ADA022235D83C6">
<enum>
(3)
</enum>
<header>
Limitation
</header>
<text>
The Council shall not provide independent living services directly to individuals with significant disabilities or manage such services.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HCF709CE47DEF41829EA3681EFEDDCFF8">
<enum>
(4)
</enum>
<text>
in subsection (e)—
</text>
<subparagraph id="HE60FA700F0984551B084934F16F361C9">
<enum>
(A)
</enum>
<text>
in paragraph (1), in the first sentence, by striking
<quote>
prepare
</quote>
and all that follows through
<quote>
a plan
</quote>
and inserting
<quote>
prepare, in conjunction with the designated State entity, a plan
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HF7C733B7DB5C4804A82825F052D9BA1A">
<enum>
(B)
</enum>
<text>
in paragraph (3), by striking
<quote>
State agency
</quote>
and inserting
<quote>
State entity
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H53EBDA5FEDFC4CA3BBC5ED75B71C87FE">
<enum>
(5)
</enum>
<text>
in subsection (f)—
</text>
<subparagraph id="H089782B71D384F718A6C9E98BB72613D">
<enum>
(A)
</enum>
<text>
by striking
<quote>
such resources
</quote>
and inserting
<quote>
available resources
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HD1F278989F1546FEA5A326AE7BEE0291">
<enum>
(B)
</enum>
<text>
by striking
<quote>
(including
</quote>
and all that follows through
<quote>
compensation
</quote>
and inserting
<quote>
(such as personal assistance services), and to pay reasonable compensation
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H9010081F56204C6F8901E6999C86BD21">
<enum>
475A.
</enum>
<header>
Responsibilities of the Administrator
</header>
<text display-inline="no-display-inline">
Section 706 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796d-1">
29 U.S.C. 796d–1
</external-xref>
) is amended—
</text>
<paragraph id="H7B0A5DCB98734AE0877AF0A4B6C6A452">
<enum>
(1)
</enum>
<text>
by striking the title of the section and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC7D4979BFD814D88926F9595D22196C0" style="OLC">
<section id="H0722000C35A8497CA6CEBC40F9CFA40F">
<enum>
706.
</enum>
<header>
Responsibilities of the Administrator
</header>
</section>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H77CB3918C32A47C18815F9EAB38FCEC2">
<enum>
(2)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="H5CC476038F9240A08D2194351CFA9D2C">
<enum>
(A)
</enum>
<text>
in paragraph (1), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HE7089B38CEDD4C7286F4AA4AA7C90CDB">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="H072A6255D0D94B478D4F930F95C34F78">
<enum>
(i)
</enum>
<text>
in subparagraph (A), by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
Administrator
</quote>
; and
</text>
</clause>
<clause id="HF9E4989A4CF345D1947EB9166A26E934">
<enum>
(ii)
</enum>
<text>
in subparagraph (B)—
</text>
<subclause id="H464806A9D48942AAB01459E61D568855">
<enum>
(I)
</enum>
<text>
in clause (i)—
</text>
<item id="H7D8D2858C629458FA16F2C719D160DB7">
<enum>
(aa)
</enum>
<text>
by inserting
<quote>
or the Commissioner
</quote>
after
<quote>
to the Secretary
</quote>
; and
</text>
</item>
<item id="H2BF096A09CD84FD688960AB253FE0E42">
<enum>
(bb)
</enum>
<text>
by striking
<quote>
to the Commissioner; and
</quote>
and inserting
<quote>
to the Administrator;
</quote>
;
</text>
</item>
</subclause>
<subclause id="H1A468EAB32514BDBA8C0BA8A3C85A3E4">
<enum>
(II)
</enum>
<text>
by redesignating clause (ii) as clause (iii); and
</text>
</subclause>
<subclause id="H74670236573D49D0B5E772B081824AF8">
<enum>
(III)
</enum>
<text>
by inserting after clause (i) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4D0DC87D5A9C402E9A7B87879F5A8B58" style="OLC">
<clause id="H317156522D854D708B269F716EA0F59B">
<enum>
(ii)
</enum>
<text>
to the State agency shall be deemed to be references to the designated State entity; and
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HE35EF3EB890142B283E8083063987AD6">
<enum>
(3)
</enum>
<text>
by striking subsection (b) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H0F7DFDD6A09A4CDBAC36AAD4565F8016" style="OLC">
<subsection id="H46D8A878A6B94E249510C262FE0F46FE">
<enum>
(b)
</enum>
<header>
Indicators
</header>
<text>
Not later than 1 year after the date of enactment of the Workforce Innovation and Opportunity Act, the Administrator shall develop and publish in the Federal Register indicators of minimum compliance for centers for independent living (consistent with the standards set forth in section 725), and indicators of minimum compliance for Statewide Independent Living Councils.
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H3C5E77E171CE4AE2A1042209656EF548">
<enum>
(4)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="HCACB42C4E7EB4DE0B451FADA7ACB248E">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="H3EBBC9281155425EB8A65C6DA8F7913A">
<enum>
(i)
</enum>
<text>
by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
; and
</text>
</clause>
<clause id="H26253940ACB74502A42856254311B5C4">
<enum>
(ii)
</enum>
<text>
by striking the last sentence;
</text>
</clause>
</subparagraph>
<subparagraph id="H2A0D555CD5D14EF2952C5D9C5614D257">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="H9151F10BB31E48E6A52FDA8B9E1ADB1F">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
Administrator
</quote>
;
</text>
</clause>
<clause id="HD0858D0188A44AE385C21CB3C4F73D4E">
<enum>
(ii)
</enum>
<text>
in subparagraph (A), by striking
<quote>
such a review
</quote>
and inserting
<quote>
a review described in paragraph (1)
</quote>
; and
</text>
</clause>
<clause id="HD06BF502F84640D08C415529FF95841C">
<enum>
(iii)
</enum>
<text>
in subparagraphs (A) and (B), by striking
<quote>
Department
</quote>
each place it appears and inserting
<quote>
Department of Health and Human Services
</quote>
; and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H86623204E45F4DD19706729533B1B20D">
<enum>
(5)
</enum>
<text>
by striking subsection (d) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1778A523972C4C2D88C8929C0B8E6E7C" style="OLC">
<subsection id="H78FA12F9CB2848F9B06E7339C0AC2BB2">
<enum>
(d)
</enum>
<header>
Reports
</header>
<paragraph id="H2F985978DB9A4DFA806B0B2D07638267">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Director described in section 701A shall provide to the Administrator of the Administration for Community Living and the Administrator shall include, in an annual report, information on the extent to which centers for independent living receiving funds under part C have complied with the standards and assurances set forth in section 725. The Director may identify individual centers for independent living in the analysis contained in that information. The Director shall include in the report the results of onsite compliance reviews, identifying individual centers for independent living and other recipients of assistance under part C.
</text>
</paragraph>
<paragraph id="H44ABEABDAC1D49AEAAB035529ED17A8B">
<enum>
(2)
</enum>
<header>
Public availability
</header>
<text>
The Director shall ensure that the report described in this subsection is made publicly available in a timely manner, including through electronic means, in order to inform the public about the administration and performance of programs under this Act.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subchapter>
<subchapter id="HE8703DA9337C4BEEBECCF8344AE9EC49" style="OLC">
<enum>
B
</enum>
<header>
Independent living services
</header>
<section id="H713BB555850C4647850B0A00339BB1C6">
<enum>
476.
</enum>
<header>
Administration
</header>
<subsection id="H778C0E9B31F8404A9DCCBBF4D098B0D9">
<enum>
(a)
</enum>
<header>
Allotments
</header>
<text>
Section 711 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e">
29 U.S.C. 796e
</external-xref>
) is amended—
</text>
<paragraph id="HB7270FFF87F849648232C518B06A7247">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="H6B481879BF4548EEB73DC957233216C3">
<enum>
(A)
</enum>
<text>
in paragraph (1)(A)—
</text>
<clause id="H3914E8CDDCB54106AE9F7F5B82B39897">
<enum>
(i)
</enum>
<text>
by striking
<quote>
Except
</quote>
and inserting
<quote>
After the reservation required by section 711A is made, and except
</quote>
; and
</text>
</clause>
<clause id="H1225427FA0BB455F93F9A09EA7B06A4D">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
the remainder of the
</quote>
before
<quote>
sums appropriated
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H1010071327A547F296013AB7CD0767AF">
<enum>
(B)
</enum>
<text>
in paragraph (2)(B), by striking
<quote>
amounts made available for purposes of this part
</quote>
and inserting
<quote>
remainder described in paragraph (1)(A)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HB34F1E152F99423480FD565F35A35B42">
<enum>
(2)
</enum>
<text>
in subsections (a), (b), and (c), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
; and
</text>
</paragraph>
<paragraph id="H07B56E8A4DE14B17BD989C5CE6AE41E5">
<enum>
(3)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H733D2BEAED4940F8B12A725A943FDCE3" style="OLC">
<subsection id="HFC8957C7ADFA4808B782B808AB5B1A57">
<enum>
(d)
</enum>
<header>
Administration
</header>
<text>
Funds allotted or made available to a State under this section shall be administered by the designated State entity, in accordance with the approved State plan.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H1543CEB5916B4151943562441F16B5F8">
<enum>
(b)
</enum>
<header>
Training and technical assistance
</header>
<text>
Part B of chapter 1 of title VII is amended by inserting after section 711 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e">
29 U.S.C. 796e
</external-xref>
) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB60E451F0D6749CEB2ABE20AB23B4A9F" style="traditional">
<section id="H41A3F720AC33413DBA8A548761AAB171">
<enum>
711A.
</enum>
<header>
Training and technical assistance
</header>
<subsection commented="no" display-inline="yes-display-inline" id="H50C6707980B24BD28CCB8B61BF388E2F">
<enum>
(a)
</enum>
<text>
From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2015, the Administrator shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide, either directly or through grants, contracts, or cooperative agreements, training and technical assistance to Statewide Independent Living Councils established under section 705 for such fiscal year.
</text>
</subsection>
<subsection id="H834AFA9263A94DA483E5B32A3405C632">
<enum>
(b)
</enum>
<text>
The Administrator shall conduct a survey of such Statewide Independent Living Councils regarding training and technical assistance needs in order to determine funding priorities for such training and technical assistance.
</text>
</subsection>
<subsection id="H4750711A3D9D4AE1B0943762066BB30B">
<enum>
(c)
</enum>
<text>
To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, an entity shall submit an application to the Administrator at such time, in such manner, containing a proposal to provide such training and technical assistance, and containing such additional information, as the Administrator may require. The Administrator shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the operation of such Statewide Independent Living Councils.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H9D153661FBAC42D3B3F7AD38F569636F">
<enum>
(c)
</enum>
<header>
Payments
</header>
<text display-inline="yes-display-inline">
Section 712(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e-1">
29 U.S.C. 796e–1(a)
</external-xref>
) is amended by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
Administrator
</quote>
.
</text>
</subsection>
<subsection id="H277DD748BAA440269D8D910582A85BDC">
<enum>
(d)
</enum>
<header>
Authorized uses of funds
</header>
<text display-inline="yes-display-inline">
Section 713 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e-2">
29 U.S.C. 796e–2
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="HED580381735A40AF8EC4B991743D188E">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by striking the matter preceding paragraph (1) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HBB7BF4398AF94AF59A4460F3401BECAC" style="OLC">
<subsection commented="no" id="HF2DB1C6645154589BDC97774667904ED">
<enum>
(a)
</enum>
<header>
In General
</header>
<text>
The State may use funds received under this part to provide the resources described in section 705(e) (but may not use more than 30 percent of the funds paid to the State under section 712 for such resources unless the State specifies that a greater percentage of the funds is needed for such resources in a State plan approved under section 706), relating to the Statewide Independent Living Council, may retain funds under section 704(c)(5), and shall distribute the remainder of the funds received under this part in a manner consistent with the approved State plan for the activities described in subsection (b).
</text>
</subsection>
<subsection commented="no" id="HA1F68FBFB1C64CE49BFBDE1E506A5E02">
<enum>
(b)
</enum>
<header>
Activities
</header>
<text>
The State may use the remainder of the funds described in subsection (a)—
</text>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H37AAAD8907E0438E8759D0F13B549FF0">
<enum>
(2)
</enum>
<text>
in paragraph (1), by inserting
<quote>
, particularly those in unserved areas of the State
</quote>
after
<quote>
disabilities
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H1F04E21486154F78B2F6B31CC80A1A5E">
<enum>
(e)
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="yes-display-inline">
Section 714 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e-3">
29 U.S.C. 796e–3
</external-xref>
) is amended by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003.
</quote>
and inserting
<quote>
$22,878,000 for fiscal year 2015, $24,645,000 for fiscal year 2016, $25,156,000 for fiscal year 2017, $25,714,000 for fiscal year 2018, $26,319,000 for fiscal year 2019, and $26,877,000 for fiscal year 2020.
</quote>
.
</text>
</subsection>
</section>
</subchapter>
<subchapter id="H622D5B433F5944519DF4B15200C6DA25" style="OLC">
<enum>
C
</enum>
<header>
Centers for independent living
</header>
<section id="H9E8026BB6DC44319BC00E0F5CF85068C">
<enum>
481.
</enum>
<header>
Program authorization
</header>
<text display-inline="no-display-inline">
Section 721 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796f">
29 U.S.C. 796f
</external-xref>
) is amended—
</text>
<paragraph id="H1D34076D28F643EB9A8931AD099C17C1">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="H00D8C1FBAADD4ABEA92065BE250B899C">
<enum>
(A)
</enum>
<text>
by striking
<quote>
1999
</quote>
and inserting
<quote>
2015
</quote>
;
</text>
</subparagraph>
<subparagraph id="HD02A580636E844F6B20FE76B1C68185E">
<enum>
(B)
</enum>
<text>
by striking
<quote>
Commissioner shall allot
</quote>
and inserting
<quote>
Administrator shall make available
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H4EEE87D0B0164292B794A798A6C64E54">
<enum>
(C)
</enum>
<text>
by inserting
<quote>
, centers for independent living,
</quote>
after
<quote>
States
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HDA84B1AA5C7F4634B11E95A53C6A876D">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="HD0E52D9C38A14D86851DCEF0F64C2934">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="HEECD9BB1C7BF401C8F3D12D7958F5827">
<enum>
(i)
</enum>
<text>
in the paragraph heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
other arrangements
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
cooperative agreements
</header-in-text>
</quote>
;
</text>
</clause>
<clause id="H698F145A2955465BAAF7D478FD8D6ADB">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
For
</quote>
and all that follows through
<quote>
Commissioner
</quote>
and inserting
<quote>
From the funds appropriated to carry out this part for any fiscal year, beginning with fiscal year 2015, the Administrator
</quote>
;
</text>
</clause>
<clause id="HD7980A21CB644E9C993862C7CB63268E">
<enum>
(iii)
</enum>
<text>
by striking
<quote>
reserve from such excess
</quote>
and inserting
<quote>
reserve not less than 1.8 percent and not more than 2 percent of the funds
</quote>
; and
</text>
</clause>
<clause id="H0FC1BFE28166435AAF93D85E4C2348CA">
<enum>
(iv)
</enum>
<text>
by striking
<quote>
eligible agencies
</quote>
and all that follows and inserting
<quote>
centers for independent living and eligible agencies for such fiscal year.
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H01CD7AA4247D46069B9BD477944222FE">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="H81CDDAB610EB4A9F951E7C39383B9AC5">
<enum>
(i)
</enum>
<text>
by striking
<quote>
Commissioner shall make grants to, and enter into contracts and other arrangements with,
</quote>
and inserting
<quote>
Administrator shall make grants to, or enter into contracts or cooperative agreements with,
</quote>
; and
</text>
</clause>
<clause id="H3E005C9A52A4466D806C07F1E166B0A5">
<enum>
(ii)
</enum>
<text>
by inserting
<quote>
fiscal management of,
</quote>
before
<quote>
planning,
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HB34D2ADFF6584D7D996FCC660DFAACF0">
<enum>
(C)
</enum>
<text>
in paragraphs (3), (4), and (5), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H40B41A3E776F454297923E0BBD2DDE4D">
<enum>
(D)
</enum>
<text>
in paragraph (3), by striking
<quote>
Statewide Independent Living Councils and
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H15804B0EFA904063935C85C8033D59E0">
<enum>
(3)
</enum>
<text>
in paragraph (4), by striking
<quote>
other arrangement
</quote>
and inserting
<quote>
cooperative agreement
</quote>
;
</text>
</paragraph>
<paragraph id="H36AB022B3D8241F9AB8E6E7C76E9CD79">
<enum>
(4)
</enum>
<text>
in subsection (c), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
; and
</text>
</paragraph>
<paragraph id="H9FFAB4BA882B445F9AC3CEDD138CF90F">
<enum>
(5)
</enum>
<text>
in subsection (d), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
.
</text>
</paragraph>
</section>
<section id="H04A2CB5E13034F53B06BA040A0A8E742">
<enum>
482.
</enum>
<header>
Centers
</header>
<subsection commented="no" display-inline="no-display-inline" id="H069CE18CA3EA4D1F8B4840D92883C9EF">
<enum>
(a)
</enum>
<header display-inline="yes-display-inline">
Centers in States in which Federal funding exceeds State funding
</header>
<text display-inline="yes-display-inline">
Section 722 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-1">
29 U.S.C. 796f–1
</external-xref>
) is amended—
</text>
<paragraph id="H258606D5B093427AA1511D2D4714ECF3">
<enum>
(1)
</enum>
<text>
in subsections (a), (b), and (c), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
;
</text>
</paragraph>
<paragraph id="H64758457E6294E8BAF685FEE124B0C6C">
<enum>
(2)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="H2EB8C0745D4C46B6917FCF3A0317FE41">
<enum>
(A)
</enum>
<text>
by striking
<quote>
grants
</quote>
and inserting
<quote>
grants for a fiscal year
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H53D64CD1CA0E417EA8803DFA0FA145F1">
<enum>
(B)
</enum>
<text>
by striking
<quote>
by September 30, 1997
</quote>
and inserting
<quote>
for the preceding fiscal year
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H979390E427D849519FA9E46B329600C8">
<enum>
(3)
</enum>
<text>
in subsection (d)—
</text>
<subparagraph id="H01A1BDD98BC647D3B7B2E0A9F2230B68">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="H6A3DD66D42374904924AA7580FE278C8">
<enum>
(i)
</enum>
<text>
by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
Administrator
</quote>
; and
</text>
</clause>
<clause id="H2E13625608CD4DBDA45BD4C52CD34FDC">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
region, consistent
</quote>
and all that follows and inserting
<quote>
region. The Administrator's determination of the most qualified applicant shall be consistent with the provisions in the State plan setting forth the design of the State for establishing a statewide network of centers for independent living.
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H7A74C54B576D44F4A1B6FEBA70039A09">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="H3FE61ACA7014475FB7FD5BDFCB60727F">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
Commissioner
</quote>
and inserting
<quote>
Administrator
</quote>
; and
</text>
</clause>
<clause id="H2CAB876E5C43441A9D3B85E3F8F0C1BA">
<enum>
(ii)
</enum>
<text>
by striking subparagraph (A) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H804F8DBB43A947C0A37B11EA334C5C1F" style="OLC">
<subparagraph id="HB0671DC6B87A4379BACE541C23BF9119">
<enum>
(A)
</enum>
<text>
shall consider comments regarding the application—
</text>
<clause id="H9696600F474349AC8D7ACA7F277222B0">
<enum>
(i)
</enum>
<text>
by individuals with disabilities and other interested parties within the new region proposed to be served; and
</text>
</clause>
<clause id="H16717C72928C408D979C40FC9B6B5C6A">
<enum>
(ii)
</enum>
<text>
if any, by the Statewide Independent Living Council in the State in which the applicant is located;
</text>
</clause>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H31A66CB33BA6426BB0D33CCE13B5CCB2">
<enum>
(4)
</enum>
<text>
in subsections (e) and (g) by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator.
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HC643AD5420644317A01C5F21C424497A">
<enum>
(b)
</enum>
<header>
Centers in States in which State funding exceeds Federal funding
</header>
<text display-inline="yes-display-inline">
Section 723 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-2">
29 U.S.C. 796f–2
</external-xref>
) is amended—
</text>
<paragraph id="H0CAC4D93937B4E3C8DA7D6587E726B66">
<enum>
(1)
</enum>
<text>
in subsections (a), (b), (g), (h), and (i), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="H8296FD4F2B314A00AA9725129DA10012">
<enum>
(2)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph commented="no" id="H3005E43ED14E480EBC8841FF8E892A3D">
<enum>
(A)
</enum>
<text>
in paragraph (1)(A)(ii), by inserting
<quote>
of a designated State unit
</quote>
after
<quote>
director
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H5ECA1DC2C15240F190A279914FE6D93A">
<enum>
(B)
</enum>
<text>
in the heading of paragraph (3), by striking
<quote>
<header-in-text level="paragraph" style="OLC">
commissioner
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
administrator
</header-in-text>
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H80D791BDD4BB44C7ADF6C6C6B385D3B3">
<enum>
(3)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="H64DCDD6593084F4BBB02AD34B2D26CC7">
<enum>
(A)
</enum>
<text>
by striking
<quote>
grants
</quote>
and inserting
<quote>
grants for a fiscal year
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H35A336350E5C49AD961364FA74D654B8">
<enum>
(B)
</enum>
<text>
by striking
<quote>
by September 30, 1997
</quote>
and inserting
<quote>
for the preceding fiscal year
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HD4D0881CBA6243E2A1E3CB16AB9452D1">
<enum>
(c)
</enum>
<header>
Centers operated by State agencies
</header>
<text display-inline="yes-display-inline">
Section 724 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-3">
29 U.S.C. 796f–3
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="HED4D12CA67F8404F88E42BE00D7F2164">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in the matter preceding paragraph (1)—
</text>
<subparagraph commented="no" id="HDCBD5C30786F4A9B830045D4D392FE47">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
1993
</quote>
and inserting
<quote>
2015
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="H746B3429D2E34CEEB9B45ACE33895F63">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
Rehabilitation Act Amendments of 1998
</quote>
and inserting
<quote>
Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="HAD105C5498244700989DF875BCD23C40">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
1994
</quote>
and inserting
<quote>
2015
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HE9C272ABB35048269FC1C64FCD76E0C1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section id="H6E708FE8F46E4FDFB7EF565DEF8EC207">
<enum>
483.
</enum>
<header>
Standards and assurances
</header>
<text display-inline="no-display-inline">
Section 725 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-4">
29 U.S.C. 796f–4
</external-xref>
) is amended—
</text>
<paragraph id="HE7C5AE46BAB54582B7F72D3D013CF854">
<enum>
(1)
</enum>
<text>
in subsection (b)(1)(D)—
</text>
<subparagraph commented="no" id="H44D2D39C69104067B77AF9E2B3AD7738">
<enum>
(A)
</enum>
<text>
by striking
<quote>
access of
</quote>
and inserting
<quote>
access for
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="HCDEDE047549C40859267D2B67D530992">
<enum>
(B)
</enum>
<text>
by striking
<quote>
to society and
</quote>
and inserting
<quote>
, within their communities,
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HD50809762CFE489D8B3EA36ED622F405">
<enum>
(2)
</enum>
<text>
in subsection (c), by striking
<quote>
Commissioner
</quote>
each place it appears and inserting
<quote>
Administrator
</quote>
.
</text>
</paragraph>
</section>
<section id="H4176B62733B0449B8F76D120DC1B2B64">
<enum>
484.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
Section 727 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-6">
29 U.S.C. 796f–6
</external-xref>
) is amended by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003.
</quote>
and inserting
<quote>
$78,305,000 for fiscal year 2015, $84,353,000 for fiscal year 2016, $86,104,000 for fiscal year 2017, $88,013,000 for fiscal year 2018, $90,083,000 for fiscal year 2019, and $91,992,000 for fiscal year 2020.
</quote>
.
</text>
</section>
</subchapter>
</chapter>
<chapter id="HAA47299CA0C141D78189AFB464591A46">
<enum>
2
</enum>
<header>
Independent Living Services for Older Individuals who are Blind
</header>
<section id="H84F43C3090A949B9B021CAA3A2D74BF3">
<enum>
486.
</enum>
<header>
Independent living services for older individuals who are blind
</header>
<text display-inline="no-display-inline">
Chapter 2 of title VII (
<external-xref legal-doc="usc" parsable-cite="usc/29/796j">
29 U.S.C. 796j et seq.
</external-xref>
) is amended by inserting after section 751 the following:
</text>
<quoted-block id="HD88E66215A3B4FFFB9374917C3F9A4FA" style="traditional">
<section id="H47CF6C8C857E4A07899786899C517929">
<enum>
751A.
</enum>
<header>
Training and technical assistance
</header>
<subsection commented="no" display-inline="yes-display-inline" id="H1901A84F17784D0586FC01F775810D76">
<enum>
(a)
</enum>
<text>
From the funds appropriated and made available to carry out this chapter for any fiscal year, beginning with fiscal year 2015, the Commissioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide, either directly or through grants, contracts, or cooperative agreements, training and technical assistance to designated State agencies, or other providers of independent living services for older individuals who are blind, that are funded under this chapter for such fiscal year.
</text>
</subsection>
<subsection id="H06A3E1032B204682A4A10BDD7849951E">
<enum>
(b)
</enum>
<text>
The Commissioner shall conduct a survey of designated State agencies that receive grants under section 752 regarding training and technical assistance needs in order to determine funding priorities for such training and technical assistance.
</text>
</subsection>
<subsection id="H1406046659EE4BE284B795A7562AAE7C">
<enum>
(c)
</enum>
<text>
To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, an entity shall submit an application to the Commissioner at such time, in such manner, containing a proposal to provide such training and technical assistance, and containing such additional information, as the Commissioner may require. The Commissioner shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the provision of services to older individuals who are blind.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H56229973FE404D47BE81E11DB3FD08BF">
<enum>
487.
</enum>
<header>
Program of grants
</header>
<text display-inline="no-display-inline">
Section 752 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796k">
29 U.S.C. 796k
</external-xref>
) is amended—
</text>
<paragraph id="H806F24152A144759965896BA8F93A271">
<enum>
(1)
</enum>
<text>
by striking subsection (h);
</text>
</paragraph>
<paragraph id="H42E399ADDA7041A9997291741B98A67F">
<enum>
(2)
</enum>
<text>
by redesignating subsections (i) and (j) as subsections (h) and (i), respectively;
</text>
</paragraph>
<paragraph id="H82342FF5871448EFA1785088064C1176">
<enum>
(3)
</enum>
<text>
in subsection (c)(2)—
</text>
<subparagraph id="H8C9B034BFE0D48CC8E5A00E0B8A147F3">
<enum>
(A)
</enum>
<text>
by striking
<quote>
subsection (j)
</quote>
and inserting
<quote>
subsection (i)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H7C15C0AF6FEC44CCB14ABA155CF5070D">
<enum>
(B)
</enum>
<text>
by striking
<quote>
subsection (i)
</quote>
and inserting
<quote>
subsection (h)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H388814F6A4424534901922820CCF6B83">
<enum>
(4)
</enum>
<text>
in subsection (g), by inserting
<quote>
, or contracts or cooperative agreements with,
</quote>
after
<quote>
grants to
</quote>
;
</text>
</paragraph>
<paragraph id="HDFA4039C2C4A4012B28F2B07F4FC50E4">
<enum>
(5)
</enum>
<text>
in subsection (h), as redesignated by paragraph (2)—
</text>
<subparagraph id="H3AA93696EA7441BC869DBAA666501C4B">
<enum>
(A)
</enum>
<text>
in paragraph (1), by striking
<quote>
subsection (j)(4)
</quote>
and inserting
<quote>
subsection (i)(4)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H54C914BA907E48238038048283D0B439">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="HD3BAB88949F44F4BB2AA5508F838C3A2">
<enum>
(i)
</enum>
<text>
in subparagraph (A)(vi), by adding
<quote>
and
</quote>
after the semicolon;
</text>
</clause>
<clause id="H3F593B4B81EC4B798D7F1405E8860D78">
<enum>
(ii)
</enum>
<text>
in subparagraph (B)(ii)(III), by striking
<quote>
; and
</quote>
and inserting a period; and
</text>
</clause>
<clause id="H8254A761A4AB4FBBAC8D5EF89C482084">
<enum>
(iii)
</enum>
<text>
by striking subparagraph (C); and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H426F55FF6888407FACE2537F54C9AC0A">
<enum>
(6)
</enum>
<text>
in subsection (i), as redesignated by paragraph (2)—
</text>
<subparagraph id="H1BD184A7A2E34337B542D18378821779">
<enum>
(A)
</enum>
<text>
in paragraph (2)(A)(ii), by inserting
<quote>
, and not reserved under section 751A,
</quote>
after
<quote>
section 753
</quote>
;
</text>
</subparagraph>
<subparagraph id="H9323CDF3F31444B0B1B24FD4B8818F05">
<enum>
(B)
</enum>
<text>
in paragraph (3)(A), by inserting
<quote>
, and not reserved under section 751A,
</quote>
after
<quote>
section 753
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HB915CA4CA9534C6181A95DB2E7C32484">
<enum>
(C)
</enum>
<text>
in paragraph (4)(B)(i), by striking
<quote>
subsection (i)
</quote>
and inserting
<quote>
subsection (h)
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section commented="no" display-inline="no-display-inline" id="H51763C4D2D7A49E48A6BB087CCA02F4C" section-type="subsequent-section">
<enum>
488.
</enum>
<header>
Independent living services for older individuals who are blind authorization of appropriations
</header>
<text display-inline="no-display-inline">
Section 753 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796l">
29 U.S.C. 796l
</external-xref>
) is amended by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003.
</quote>
and inserting
<quote>
$33,317,000 for fiscal year 2015, $35,890,000 for fiscal year 2016, $36,635,000 for fiscal year 2017, $37,448,000 for fiscal year 2018, $38,328,000 for fiscal year 2019, and $39,141,000 for fiscal year 2020.
</quote>
.
</text>
</section>
</chapter>
</subtitle>
<subtitle id="H62C0B725F7E34D7F836FBC58D0A047A7">
<enum>
I
</enum>
<header>
General provisions
</header>
<section id="HB89FD98C51E448C8B18340F2806810DD">
<enum>
491.
</enum>
<header>
Transfer of functions regarding independent living to Department of Health and Human Services, and savings provisions
</header>
<subsection id="HBFE8123385ED4DF5B0A91EA822EB7C4E">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text>
For purposes of this section, unless otherwise provided or indicated by the context—
</text>
<paragraph id="H0EF8D133058049B8BC3632576D13AB23">
<enum>
(1)
</enum>
<text>
the term
<term>
Administration for Community Living
</term>
means the Administration for Community Living of the Department of Health and Human Services;
</text>
</paragraph>
<paragraph id="H60F62E1DA78A49E0B423B8B56945793D">
<enum>
(2)
</enum>
<text>
the term
<term>
Federal agency
</term>
has the meaning given to the term
<term>
agency
</term>
by
<external-xref legal-doc="usc" parsable-cite="usc/5/551">
section 551(1)
</external-xref>
of title 5, United States Code;
</text>
</paragraph>
<paragraph id="H3D9BA20982FA419F9C4CDD59DA6194A6">
<enum>
(3)
</enum>
<text>
the term
<term>
function
</term>
means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and
</text>
</paragraph>
<paragraph id="H43BB84DA3F234D79BB8854E6B638FD0B">
<enum>
(4)
</enum>
<text>
the term
<term>
Rehabilitation Services Administration
</term>
means the Rehabilitation Services Administration of the Office of Special Education and Rehabilitative Services of the Department of Education.
</text>
</paragraph>
</subsection>
<subsection id="H7B251C4B786A414B846B7B6BED783ACA">
<enum>
(b)
</enum>
<header>
Transfer of functions
</header>
<text>
There are transferred to the Administration for Community Living, all functions which the Commissioner of the Rehabilitation Services Administration exercised before the effective date of this section (including all related functions of any officer or employee of that Administration) under chapter 1 of title VII of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796">
29 U.S.C. 796 et seq.
</external-xref>
).
</text>
</subsection>
<subsection id="H6C3181CE867C441FAC65FD2A453E6184">
<enum>
(c)
</enum>
<header>
Personnel Determinations by the office of management and budget
</header>
<text>
The Office of Management and Budget shall—
</text>
<paragraph id="H788406118CEA449799B8AEF4EAA69498">
<enum>
(1)
</enum>
<text>
ensure that this section does not result in any net increase in full-time equivalent employees at any Federal agency impacted by this section; and
</text>
</paragraph>
<paragraph id="HDF41C188E9214A8AA2400DF1F8E596CD">
<enum>
(2)
</enum>
<text>
not later than 1 year after the effective date of this section, certify compliance with this subsection to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
</text>
</paragraph>
</subsection>
<subsection id="H7EB6FE5D43804896AC791F69B1B74F88">
<enum>
(d)
</enum>
<header>
Delegation and assignment
</header>
<text>
Except where otherwise expressly prohibited by law or otherwise provided by this section, the Administrator of the Administration for Community Living may delegate any of the functions transferred to the Administrator of such Administration by subsection (b) and any function described in subsection (b) that was transferred or granted to such Administrator after the effective date of this section to such officers and employees of such Administration as the Administrator may designate, and may authorize successive redelegations of such functions described in subsection (b) as may be necessary or appropriate. No delegation of such functions by the Administrator of the Administration for Community Living under this subsection or under any other provision of this section shall relieve such Administrator of responsibility for the administration of such functions.
</text>
</subsection>
<subsection id="HE106F941A3B74531BAC90C9E0466BD7A">
<enum>
(e)
</enum>
<header>
Reorganization
</header>
<text>
Except where otherwise expressly prohibited by law or otherwise provided by this Act, the Administrator of the Administration for Community Living is authorized to allocate or reallocate any function transferred under subsection (b) among the officers of such Administration, and to consolidate, alter, or discontinue such organizational entities in such Administration as may be necessary or appropriate.
</text>
</subsection>
<subsection id="HA043A7650C974527802FE41D574DE54E">
<enum>
(f)
</enum>
<header>
Rules
</header>
<text>
The Administrator of the Administration for Community Living is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as that Administrator determines necessary or appropriate to administer and manage the functions described in subsection (b) of that Administration.
</text>
</subsection>
<subsection id="HAFB980BB8C4C43F291DE02B34FDEEE72">
<enum>
(g)
</enum>
<header>
Transfer and allocations of appropriations and personnel
</header>
<text>
Except as otherwise provided in this section, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by subsection (b), subject to
<external-xref legal-doc="usc" parsable-cite="usc/31/1531">
section 1531
</external-xref>
of title 31, United States Code, shall be transferred to the Administration for Community Living. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated.
</text>
</subsection>
<subsection id="HE6A26B0A77CD46D388261BC1C549EB02">
<enum>
(h)
</enum>
<header>
Incidental transfers
</header>
<text>
The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such determinations as may be necessary with regard to the functions transferred by subsection (b), and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this section. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this section and for such further measures and dispositions as may be necessary to effectuate the purposes of this section, with respect to such functions.
</text>
</subsection>
<subsection id="H34DEB7F343F74B1490DBF8E2AB355504">
<enum>
(i)
</enum>
<header>
Savings provisions
</header>
<paragraph id="H9F9D117B3ACB459B8E9B8F1ACFB89847">
<enum>
(1)
</enum>
<header>
Continuing effect of legal documents
</header>
<text>
All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions—
</text>
<subparagraph id="H8A8407E4C68C4F07941E7313005DAD77">
<enum>
(A)
</enum>
<text>
which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under subsection (b); and
</text>
</subparagraph>
<subparagraph id="H13EF054521F649E0A8C8BAB89678D851">
<enum>
(B)
</enum>
<text>
which are in effect at the time this section takes effect, or were final before the effective date of this section and are to become effective on or after the effective date of this section,
</text>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Administrator of the Administration for Community Living or other authorized official, a court of competent jurisdiction, or by operation of law.
</continuation-text>
</paragraph>
<paragraph id="HFA65CBAA2DCA4998B76B3F819775BB67">
<enum>
(2)
</enum>
<header>
Proceedings not affected
</header>
<text>
The provisions of this section shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Rehabilitation Services Administration at the time this section takes effect, with respect to functions transferred by subsection (b) but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted.
</text>
</paragraph>
<paragraph id="HF1923DAA47FE4BAFAA904658E73CB357">
<enum>
(3)
</enum>
<header>
Suits not affected
</header>
<text>
The provisions of this section shall not affect suits commenced (with respect to functions transferred under subsection (b)) before the effective date of this section, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted.
</text>
</paragraph>
<paragraph id="HDA4D520DE5C4427FA6D968152ED04514">
<enum>
(4)
</enum>
<header>
Nonabatement of actions
</header>
<text>
No suit, action, or other proceeding commenced by or against the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)), or by or against any individual in the official capacity of such individual as an officer of the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)), shall abate by reason of the enactment of this section.
</text>
</paragraph>
<paragraph id="H9DA59AF60AD64B3283CA169E188D5E7A">
<enum>
(5)
</enum>
<header>
Administrative actions relating to promulgation of regulations
</header>
<text>
Any administrative action relating to the preparation or promulgation of a regulation by the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)) may be continued by the Administration for Community Living with the same effect as if this section had not been enacted.
</text>
</paragraph>
</subsection>
<subsection id="HE4ECF3FB0F274F8EBF16811847834964">
<enum>
(j)
</enum>
<header>
Separability
</header>
<text>
If a provision of this section or its application to any person or circumstance is held invalid, neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected.
</text>
</subsection>
<subsection id="H8C9A9CDB12474831B35225E0600897FE">
<enum>
(k)
</enum>
<header>
References
</header>
<text>
A reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to—
</text>
<paragraph id="H7C2BD5BD41484391994382533840270D">
<enum>
(1)
</enum>
<text>
the Commissioner of the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)), shall be deemed to refer to the Administrator of the Administration for Community Living; and
</text>
</paragraph>
<paragraph id="H0BED6FA8322647A9AB11E8742ACEDBF8">
<enum>
(2)
</enum>
<text>
the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)), shall be deemed to refer to the Administration for Community Living.
</text>
</paragraph>
</subsection>
<subsection id="H35ECF514292E4C9791ACCF8AE65BF0DF">
<enum>
(l)
</enum>
<header>
Transition
</header>
<text>
The Administrator of the Administration for Community Living is authorized to utilize—
</text>
<paragraph id="HBDB8853439EB4DE09512B37B9CB38901">
<enum>
(1)
</enum>
<text>
the services of such officers, employees, and other personnel of the Rehabilitation Services Administration with regard to functions transferred under subsection (b); and
</text>
</paragraph>
<paragraph id="H895AAE7055BA462EABBB609F893F69B9">
<enum>
(2)
</enum>
<text>
funds appropriated to such functions,
</text>
</paragraph>
<continuation-text continuation-text-level="subsection">
for such period of time as may reasonably be needed to facilitate the orderly implementation of this section.
</continuation-text>
</subsection>
<subsection id="H4BEB227A24104EF29CB70CD197559FBD">
<enum>
(m)
</enum>
<header>
Administration for Community Living
</header>
<paragraph id="HD4ACA2CF51C44FB6A3095B5CF4D5CA8C">
<enum>
(1)
</enum>
<header>
Transfer of functions
</header>
<text>
There are transferred to the Administration for Community Living, all functions which the Commissioner of the Rehabilitation Services Administration exercised before the effective date of this section (including all related functions of any officer or employee of that Administration) under the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3001">
29 U.S.C. 3001 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="H3C74A8ACE04549E78CB4D4FD37E10FF6">
<enum>
(2)
</enum>
<header>
Administrative matters
</header>
<text>
Subsections (d) through (l) shall apply to transfers described in paragraph (1).
</text>
</paragraph>
</subsection>
<subsection id="H9748CC86AEF74656A03361E871445EE6">
<enum>
(n)
</enum>
<header>
National Institute on Disability, Independent Living, and Rehabilitation Research
</header>
<paragraph id="H5FAB6B372E044CFE9945F3360D74257D">
<enum>
(1)
</enum>
<header>
Definitions
</header>
<text>
For purposes of this subsection, unless otherwise provided or indicated by the context—
</text>
<subparagraph id="H1075169F28CE4E4EAB309C13AC04E672">
<enum>
(A)
</enum>
<text>
the term
<term>
NIDILRR
</term>
means the National Institute on Disability, Independent Living, and Rehabilitation Research of the Administration for Community Living of the Department of Health and Human Services; and
</text>
</subparagraph>
<subparagraph id="H98548BA7B34B47BE821F701E2D79BCE5">
<enum>
(B)
</enum>
<text>
the term
<term>
NIDRR
</term>
means the National Institute on Disability and Rehabilitation Research of the Office of Special Education and Rehabilitative Services of the Department of Education.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD636239EA1B94A439EA5200E04EC33AC">
<enum>
(2)
</enum>
<header>
Transfer of functions
</header>
<text>
There are transferred to the NIDILRR, all functions which the Director of the NIDRR exercised before the effective date of this section (including all related functions of any officer or employee of the NIDRR).
</text>
</paragraph>
<paragraph id="HC23467E200644F70B70B7E14B4569532">
<enum>
(3)
</enum>
<header>
Administrative matters
</header>
<subparagraph id="H28769F36DAF1438A80FD1BC6227F106E">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Subsections (d) through (l) shall apply to transfers described in paragraph (2).
</text>
</subparagraph>
<subparagraph id="HD6BAE4EB2D6343BFB1CF84987EAB2C4D">
<enum>
(B)
</enum>
<header>
References
</header>
<text>
For purposes of applying those subsections under subparagraph (A), those subsections—
</text>
<clause id="HE9E65066F77148B1B45A8236A6BF27BC">
<enum>
(i)
</enum>
<text>
shall apply to the NIDRR and the Director of the NIDRR in the same manner and to the same extent as those subsections apply to the Rehabilitation Services Administration and the Commissioner of that Administration; and
</text>
</clause>
<clause id="H7B98E67017A040F99694C338966EA255">
<enum>
(ii)
</enum>
<text>
shall apply to the NIDILRR and the Director of the NIDILRR in the same manner and to the same extent as those subsections apply to the Administration for Community Living and the Administrator of that Administration.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H4E09F6A3245B41DFBB095A72EE19AFDE">
<enum>
(o)
</enum>
<header>
References in Assistive Technology Act of 1998
</header>
<paragraph id="H747BDEE41C1547ADA090CF886CA89682">
<enum>
(1)
</enum>
<header>
Secretary
</header>
<text>
Section 3(13) of the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3002">
29 U.S.C. 3002(13)
</external-xref>
) is amended by striking
<quote>
Education
</quote>
and inserting
<quote>
Health and Human Services
</quote>
.
</text>
</paragraph>
<paragraph id="H4399CCF9DDD24D9786A3DCA756B7FC91">
<enum>
(2)
</enum>
<header>
National activities
</header>
<text>
Section 6(d)(4) of the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3005">
29 U.S.C. 3005(d)(4)
</external-xref>
) is amended by striking
<quote>
Education
</quote>
and inserting
<quote>
Health and Human Services
</quote>
.
</text>
</paragraph>
<paragraph id="H830D88254B2E4885AF3182CB31DC6959">
<enum>
(3)
</enum>
<header>
General administration
</header>
<text>
Section 7 of the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3006">
29 U.S.C. 3006
</external-xref>
) is amended—
</text>
<subparagraph id="H893CDAFFF715442B9E50FAD3008BBC66">
<enum>
(A)
</enum>
<text>
in subsection (a)—
</text>
<clause id="H2C6E076BE1F548028CBD25B782F9A8BF">
<enum>
(i)
</enum>
<text>
in paragraph (1), by striking
<quote>
the Assistant Secretary
</quote>
and all that follows through
<quote>
Rehabilitation Services Administration,
</quote>
and inserting
<quote>
the Administrator of the Administration for Community Living
</quote>
;
</text>
</clause>
<clause id="HA393F37B78DA48CC82819C9F4FA561CE">
<enum>
(ii)
</enum>
<text>
in paragraph (2), by striking
<quote>
The Assistant Secretary
</quote>
and all that follows and inserting
<quote>
The Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act.
</quote>
; and
</text>
</clause>
<clause id="H8CD5B66CCC7A47B6927E2DD419EA7623">
<enum>
(iii)
</enum>
<text>
in paragraph (3), by striking
<quote>
the Rehabilitation Services Administration
</quote>
and inserting
<quote>
the Administrator of the Administration for Community Living
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H206FDB2617AB44D08733657C2C157884">
<enum>
(B)
</enum>
<text>
in subsection (c)(5), by striking
<quote>
Education
</quote>
and inserting
<quote>
Health and Human Services
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H6FB374B852E34910811419787DEA7682">
<enum>
492.
</enum>
<header>
Table of contents
</header>
<text display-inline="no-display-inline">
The table of contents in section 1(b) is amended—
</text>
<paragraph id="HD16FFA546AA64A41BABB12342A5BA8E6">
<enum>
(1)
</enum>
<text>
by striking the item relating to section 109 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4B85AF9DA78B48F2AE737314F8696023" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 109. Training and services for employers.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H57824DAC461549B7B6A4A7006C898BDB">
<enum>
(2)
</enum>
<text>
by inserting after the item relating to section 112 the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF1D9C3B067FE407A93C0849B8DE7232F" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 113. Provision of pre-employment transition services.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H5C1ADFBB11744AE8BEB756009A112B17">
<enum>
(3)
</enum>
<text>
by striking the item relating to section 202 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE7D02FCED1B945EB8B3EC0CE88D17DBB" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 202. National Institute on Disability, Independent Living, and Rehabilitation Research.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HDC727B96AECE4B3AA9A539724985E851">
<enum>
(4)
</enum>
<text>
by striking the item relating to section 205 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3C90DF0B89CD4202B7EC61FA1AA7207F" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 205. Disability, Independent Living, and Rehabilitation Research Advisory Council.
</toc-entry>
<toc-entry bold="off" level="section">
Sec. 206. Definition of covered school.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H30D2D6D6FC30453C94BA7F4AC6A8FF48">
<enum>
(5)
</enum>
<text>
by striking the items relating to sections 304, 305, and 306 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4AAD601226B141F0BE64C76E4A43D8A6" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 304. Measuring of project outcomes and performance.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HC89EEE854DEF42FF9D938172CF9EF7E7">
<enum>
(6)
</enum>
<text>
by inserting after the item relating to section 509 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H9850AA03EB5143AF81802B126A59ECE9" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 511. Limitations on use of subminimum wage.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H11923850BFB8417097F8EA938E6172BC">
<enum>
(7)
</enum>
<text>
by striking the items relating to title VI and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB13A07A091FA4E298DAB600F24A08922" style="OLC">
<toc>
<toc-entry bold="off" level="section">
TITLE VI—EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES
</toc-entry>
<toc-entry bold="off" level="section">
Sec. 601. Short title.
</toc-entry>
<toc-entry level="section">
Sec. 602. Purpose.
</toc-entry>
<toc-entry level="section">
Sec. 603. Allotments.
</toc-entry>
<toc-entry level="section">
Sec. 604. Availability of services.
</toc-entry>
<toc-entry level="section">
Sec. 605. Eligibility.
</toc-entry>
<toc-entry level="section">
Sec. 606. State plan.
</toc-entry>
<toc-entry level="section">
Sec. 607. Restriction.
</toc-entry>
<toc-entry level="section">
Sec. 608. Savings provision.
</toc-entry>
<toc-entry bold="off" level="section">
Sec. 609. Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities.
</toc-entry>
<toc-entry level="section">
Sec. 610. Authorization of appropriations.
</toc-entry>
</toc>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H59CDDA46EA7642B3809132B518891FDD">
<enum>
(8)
</enum>
<text>
in the items relating to title VII—
</text>
<subparagraph id="H7F5852D545B441D5A343DD4E03A5B6A0">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H0905EFF6BCD549A3BFCC9AA20CF28AE5">
<enum>
(i)
</enum>
<text>
by inserting after the item relating to section 701 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H92F51AF668B7439581BFA74DB08100B4" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 701A. Administration of the independent living program.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<continuation-text continuation-text-level="subparagraph">
and
</continuation-text>
<clause id="H10305CC83CEC4C34A60617C24153A2C3" indent="up1">
<enum>
(ii)
</enum>
<text>
by striking the item relating to section 706 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H270EB866B883487CBC133394A7F3A60C" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 706. Responsibilities of the Administrator.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H4B22A037E3DD45CE8D189ED1F5211749">
<enum>
(B)
</enum>
<text>
by inserting after the item relating to section 711 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2437CB17E99E4AB994813F1FD570ACA0" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 711A. Training and technical assistance.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
<continuation-text continuation-text-level="subparagraph">
and
</continuation-text>
</subparagraph>
<subparagraph id="H1517EF929DDD406B988A0F1DD8F9C741">
<enum>
(C)
</enum>
<text>
by inserting after the item relating to section 751 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H78FF3650F07C444195FB714A3632A5A3" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 751A. Training and technical assistance.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
</subtitle>
</title>
<title id="H939AE7AF06074872B1CDDD8AC5F1F4D1" style="OLC">
<enum>
V
</enum>
<header>
General provisions
</header>
<subtitle id="HD9D2220622A54BF3A26AB252FECC00ED">
<enum>
A
</enum>
<header>
Workforce investment
</header>
<section id="H710EB925687747ECA3059C5BEBF6353C">
<enum>
501.
</enum>
<header>
Privacy
</header>
<subsection id="HACD3B651BB384A7A962FDB436A33D5BC">
<enum>
(a)
</enum>
<header>
Section 444 of the General Education Provisions Act
</header>
<text>
Nothing in this Act (including the amendments made by this Act) shall be construed to supersede the privacy protections afforded parents and students under section 444 of the General Education Provisions Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1232g">
20 U.S.C. 1232g
</external-xref>
).
</text>
</subsection>
<subsection id="H2E782A62E7F5464786F87F240D5263B4">
<enum>
(b)
</enum>
<header>
Prohibition on Development of National Database
</header>
<paragraph commented="no" display-inline="no-display-inline" id="H65BE913EDB7140A4B9D10F9A4C16EB1C">
<enum>
(1)
</enum>
<header display-inline="yes-display-inline">
In general
</header>
<text display-inline="yes-display-inline">
Nothing in this Act (including the amendments made by this Act) shall be construed to permit the development of a national database of personally identifiable information on individuals receiving services under title I or under the amendments made by title IV.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HDDB14375AF8245B7ACBF7B048A323AEA">
<enum>
(2)
</enum>
<header display-inline="yes-display-inline">
Limitation
</header>
<text display-inline="yes-display-inline">
Nothing in paragraph (1) shall be construed to prevent the proper administration of national programs under subtitles C and D of title I, or the amendments made by title IV (as the case may be), or to carry out program management activities consistent with title I or the amendments made by title IV (as the case may be).
</text>
</paragraph>
</subsection>
</section>
<section commented="no" display-inline="no-display-inline" id="HC05885566B004A1794DACB49B38A5763" section-type="subsequent-section">
<enum>
502.
</enum>
<header display-inline="yes-display-inline">
Buy-American requirements
</header>
<subsection commented="no" display-inline="no-display-inline" id="HCB8AB1DA43634C7DBF1F29C004FA6344">
<enum>
(a)
</enum>
<header>
Compliance with buy american act
</header>
<text>
None of the funds made available under title I or II or under the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) may be expended by an entity unless the entity agrees that in expending the funds the entity will comply with sections 8301 through 8303 of title 41, United States Code (commonly known as the
<quote>
Buy American Act
</quote>
).
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="HA8205EBF55A74F76A7C22122B855E211">
<enum>
(b)
</enum>
<header>
Sense of congress; requirement regarding notice
</header>
<paragraph id="H1CD1CBC2EBD349388E73B3F782FF304F">
<enum>
(1)
</enum>
<header>
Purchase of american-made equipment and products
</header>
<text>
In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available under title I or II or under the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
), it is the sense of Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products.
</text>
</paragraph>
<paragraph id="HD2A325563A07483284C1B0B2E252EBF2">
<enum>
(2)
</enum>
<header>
Notice to recipients of assistance
</header>
<text>
In providing financial assistance using funds made available under title I or II or under the Wagner-Peyser Act, the head of each Federal agency shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by Congress.
</text>
</paragraph>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="H8593AF6D969346519B41A210E12E7586">
<enum>
(c)
</enum>
<header>
Prohibition of contracts with persons falsely labeling products as made in america
</header>
<text>
If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a
<quote>
Made in America
</quote>
inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available under title I or II or under the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
), pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations, as such sections were in effect on August 7, 1998, or pursuant to any successor regulations.
</text>
</subsection>
</section>
<section commented="no" display-inline="no-display-inline" id="H976AF617CB9B42038431F83BF64036BD">
<enum>
503.
</enum>
<header>
Transition provisions
</header>
<subsection id="H87C8DF7627BD44DC84D4B41A45A84474">
<enum>
(a)
</enum>
<header>
Workforce development systems and investment activities
</header>
<text>
The Secretary of Labor and the Secretary of Education shall take such actions as the Secretaries determine to be appropriate to provide for the orderly transition from any authority under the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
) to any authority under subtitle A of title I. Such actions shall include the provision of guidance related to unified State planning, combined State planning, and the performance accountability system described in such subtitle.
</text>
</subsection>
<subsection id="HFAFB48C68A0A4B23B3E3185CB4246FD0">
<enum>
(b)
</enum>
<header>
Workforce investment activities
</header>
<text>
The Secretary of Labor shall take such actions as the Secretary determines to be appropriate to provide for the orderly transition from any authority under the Workforce Investment Act of 1998 to any authority under subtitles B through E of title I.
</text>
</subsection>
<subsection id="HA6B68A580C024AA2842DFFCD54A5652E">
<enum>
(c)
</enum>
<header>
Adult education and literacy programs
</header>
<text>
The Secretary of Education shall take such actions as the Secretary determines to be appropriate to provide for the orderly transition from any authority under the Adult Education and Family Literacy Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/9201">
20 U.S.C. 9201 et seq.
</external-xref>
), as in effect on the day before the date of enactment of this Act, to any authority under the Adult Education and Family Literacy Act, as amended by this Act.
</text>
</subsection>
<subsection id="H4D504DDE32D74F4FA32ACAEE6BD867F5">
<enum>
(d)
</enum>
<header>
Employment services activities
</header>
<text>
The Secretary of Labor shall take such actions as the Secretary determines to be appropriate to provide for the orderly transition from any authority under the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
), as in effect on the day before the date of enactment of this Act, to any authority under the Wagner-Peyser Act, as amended by this Act.
</text>
</subsection>
<subsection commented="no" id="H0BA0DF170CBB48A1807515D3F1AF4EF9">
<enum>
(e)
</enum>
<header>
Vocational rehabilitation programs
</header>
<text>
The Secretary of Education and the Secretary of Health and Human Services shall take such actions as the Secretaries determine to be appropriate to provide for the orderly transition from any authority under the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
), as in effect on the day before the date of enactment of this Act, to any authority under the Rehabilitation Act of 1973, as amended by this Act.
</text>
</subsection>
<subsection id="H9864DC9F10A749518A59E6328F08EED8">
<enum>
(f)
</enum>
<header>
Regulations
</header>
<paragraph commented="no" id="H9F4FD55B39CA461E8A45BFF76950BB4A">
<enum>
(1)
</enum>
<header>
Proposed regulations
</header>
<text>
Not later than 180 days after the date of enactment of this Act, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services, as appropriate, shall develop and publish in the Federal Register proposed regulations relating to the transition to, and implementation of, this Act (including the amendments made by this Act).
</text>
</paragraph>
<paragraph commented="no" id="HB34519C4E6444D058220812AAE82AC22">
<enum>
(2)
</enum>
<header>
Final regulations
</header>
<text>
Not later than 18 months after the date of enactment of this Act, the Secretaries described in paragraph (1), as appropriate, shall develop and publish in the Federal Register final regulations relating to the transition to, and implementation of, this Act (including the amendments made by this Act).
</text>
</paragraph>
</subsection>
<subsection id="HB7D9FA93BA104A1A93BA32353244F37E">
<enum>
(g)
</enum>
<header>
Expenditure of funds during transition
</header>
<paragraph commented="no" id="H030D1822704F41D2856287FE14995F4D">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Subject to paragraph (2) and in accordance with regulations developed under subsection (f), States, grant recipients, administrative entities, and other recipients of financial assistance under the Workforce Investment Act of 1998 may expend funds received under such Act in order to plan and implement programs and activities authorized under this Act.
</text>
</paragraph>
<paragraph id="HFEDA33ADC35F41489CBB1BD34F90F513">
<enum>
(2)
</enum>
<header>
Additional requirements
</header>
<text>
Not more than 2 percent of any allotment to any State from amounts appropriated under the Workforce Investment Act of 1998 for fiscal year 2014 may be made available to carry out activities authorized under paragraph (1) and not less than 50 percent of any amount used to carry out activities authorized under paragraph (1) shall be made available to local entities for the purposes of the activities described in such paragraph.
</text>
</paragraph>
</subsection>
</section>
<section commented="no" id="H9FBEAC545B124E3C9B9D3440427ED57A">
<enum>
504.
</enum>
<header>
Reduction of reporting burdens and requirements
</header>
<text display-inline="no-display-inline">
In order to simplify reporting requirements and reduce reporting burdens, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services shall establish procedures and criteria under which a State board and local board may reduce reporting burdens and requirements under this Act (including the amendments made by this Act).
</text>
</section>
<section id="HA8B58D2D7756476AA5AA9568CE3430DC">
<enum>
505.
</enum>
<header>
Report on data capability of Federal and State databases and data exchange agreements
</header>
<subsection id="H42ED8304C8734BA2AB2996E102C11620">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
The Comptroller General of the United States shall prepare and submit an interim report and a final report to Congress regarding existing Federal and State databases and data exchange agreements, as of the date of the report, that contain job training information relevant to the administration of programs authorized under this Act and the amendments made by this Act.
</text>
</subsection>
<subsection id="HAF2FB4EEBCF14EA497A2CBE9E100C1B2">
<enum>
(b)
</enum>
<header>
Requirements
</header>
<text>
The report required under subsection (a) shall—
</text>
<paragraph id="H1836F31076FF4E779EB3F2DA5A8DD0B5">
<enum>
(1)
</enum>
<text>
list existing Federal and State databases and data exchange agreements described in subsection (a) and, for each, describe—
</text>
<subparagraph id="HC9E77E85BC214384B7AB5F1D2F5FB42E">
<enum>
(A)
</enum>
<text>
the purposes of the database or agreement;
</text>
</subparagraph>
<subparagraph id="H4615CE5879C6471BAD3881353F34C1A1">
<enum>
(B)
</enum>
<text>
the data elements, such as wage and employment outcomes, contained in the database or accessible under the agreement;
</text>
</subparagraph>
<subparagraph id="H9A1BCF04EEA346AA919B85EB88F1249C">
<enum>
(C)
</enum>
<text>
the data elements described in subparagraph (B) that are shared between States;
</text>
</subparagraph>
<subparagraph id="H2167DD7CF36C4B569BB6232048D07E90">
<enum>
(D)
</enum>
<text>
the Federal and State workforce training programs from which each Federal and State database derives the data elements described in subparagraph (B);
</text>
</subparagraph>
<subparagraph id="H2AFF028529B349ADBC6A200F0250BCC0">
<enum>
(E)
</enum>
<text>
the number and type of Federal and State agencies having access to such data;
</text>
</subparagraph>
<subparagraph id="H046D92FB5EF544A984A952BC08680872">
<enum>
(F)
</enum>
<text>
the number and type of private research organizations having access to, through grants, contracts, or other agreements, such data; and
</text>
</subparagraph>
<subparagraph id="H6334AE5788A5411AA80D3BEE5AB3DE1F">
<enum>
(G)
</enum>
<text>
whether the database or data exchange agreement provides for opt-out procedures for individuals whose data is shared through the database or data exchange agreement;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H6718A0FD6AB24B6684254EB691E46D3B">
<enum>
(2)
</enum>
<text>
study the effects that access by State workforce agencies and the Secretary of Labor to the databases and data exchange agreements described in subsection (a) would have on efforts to carry out this Act and the amendments made by this Act, and on individual privacy;
</text>
</paragraph>
<paragraph commented="no" id="H4ADCBD7937574CBBAAA3ED8DD6A82720">
<enum>
(3)
</enum>
<text>
explore opportunities to enhance the quality, reliability, and reporting frequency of the data included in such databases and data exchange agreements;
</text>
</paragraph>
<paragraph id="H91DB87DE66D54FA4B43DDB1DFD07CC8B">
<enum>
(4)
</enum>
<text>
describe, for each database or data exchange agreement considered by the study described in subsection (a), the number of individuals whose data is contained in each database or accessible through the data agreement, and the specific data elements contained in each that could be used to personally identify an individual;
</text>
</paragraph>
<paragraph id="HD971EBDD227049A3A869DD13C2F8F253">
<enum>
(5)
</enum>
<text>
include the number of data breaches having occurred since 2004 to data systems administered by Federal and State agencies;
</text>
</paragraph>
<paragraph id="H271CA1E9E43946BFAA498E136ACA799C">
<enum>
(6)
</enum>
<text>
include the number of data breaches regarding any type of personal data having occurred since 2004 to private research organizations with whom Federal and State agencies contract for studies; and
</text>
</paragraph>
<paragraph id="H6CA2CD56FFED4261A500409B05DC15CE">
<enum>
(7)
</enum>
<text>
include a survey of the security protocols used for protecting personal data, including best practices shared amongst States for access to, and administration of, data elements stored and recommendations for improving security protocols for the safe warehousing of data elements.
</text>
</paragraph>
</subsection>
<subsection id="H4A5589577CF04305A6224A630F639BA8">
<enum>
(c)
</enum>
<header>
Timing of reports
</header>
<paragraph id="HE821676297C44864ADC7A418A74CF634">
<enum>
(1)
</enum>
<header>
Interim report
</header>
<text>
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall prepare and submit to Congress an interim report regarding the initial findings of the report required under this section.
</text>
</paragraph>
<paragraph id="H9FF9F0D384DF4EC6899CC1DC6E4E89CF">
<enum>
(2)
</enum>
<header>
Final report
</header>
<text>
Not later than 18 months after the date of enactment of this Act, the Comptroller General shall prepare and submit to Congress the final report required under this section.
</text>
</paragraph>
</subsection>
</section>
<section id="H1AA85982A7424666AAECDA248AB3B88A">
<enum>
506.
</enum>
<header>
Effective dates
</header>
<subsection id="H5BD79E7C98A548CCB335595C6AB425F8">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Except as otherwise provided in this Act, this Act, including the amendments made by this Act, shall take effect on the first day of the first full program year after the date of enactment of this Act.
</text>
</subsection>
<subsection id="H219B9844F2234F8EABC0C1F86B24DBB2">
<enum>
(b)
</enum>
<header>
Application date for workforce development performance accountability system
</header>
<paragraph id="H7218617AA55E4E308B18AF1061693BCD">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Section 136 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2871">
29 U.S.C. 2871
</external-xref>
), as in effect on the day before the date of enactment of this Act, shall apply in lieu of section 116 of this Act, for the first full program year after the date of enactment of this Act.
</text>
</paragraph>
<paragraph id="HA4F43746A4044809969611E8AEFE2A81">
<enum>
(2)
</enum>
<header>
Special provisions
</header>
<text>
For purposes of the application described in paragraph (1)—
</text>
<subparagraph id="HC75FCD821A7E4677B01D37656C95E64D">
<enum>
(A)
</enum>
<text>
except as otherwise specified, a reference in section 136 of the Workforce Investment Act of 1998 to a provision in such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
), other than to a provision in such section or section 112 of such Act, shall be deemed to refer to the corresponding provision of this Act;
</text>
</subparagraph>
<subparagraph id="H4ACD0608D69840AABFE104D7EE914BC8">
<enum>
(B)
</enum>
<text>
the terms
<term>
local area
</term>
,
<quote>
local board
</quote>
,
<term>
one-stop partner
</term>
, and
<term>
State board
</term>
have the meanings given the terms in section 3 of this Act;
</text>
</subparagraph>
<subparagraph id="H48B099CBECF14028970E3AA850F16400">
<enum>
(C)
</enum>
<text>
except as provided in subparagraph (B), terms used in such section 136 shall have the meanings given the terms in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
);
</text>
</subparagraph>
<subparagraph id="HDE60CD8325424BCD842258A3CD140779">
<enum>
(D)
</enum>
<text>
any agreement negotiated and reached under section 136(c)(2) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2871">
29 U.S.C. 2871(c)(2)
</external-xref>
) shall remain in effect, until a new agreement is so negotiated and reached, for that first full program year;
</text>
</subparagraph>
<subparagraph id="HDA46C32A0D064E4ABAAB7CC58F1F1EB5">
<enum>
(E)
</enum>
<text>
if a State or local area fails to meet levels of performance under subsection (g) or (h), respectively, of section 136 of the Workforce Investment Act of 1998 during that first full program year, the sanctions provided under such subsection shall apply during the second full program year after the date of enactment of this Act; and
</text>
</subparagraph>
<subparagraph id="H0F67308892B9468089A49278E584A1BF">
<enum>
(F)
</enum>
<text>
the Secretary shall use an amount retained, as a result of a reduction in an allotment to a State made under section 136(g)(1)(B) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2871">
29 U.S.C. 2871(g)(1)(B)
</external-xref>
), to provide technical assistance as described in subsections (f)(1) and (g)(1) of section 116 of this Act, in lieu of incentive grants under section 503 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/20/9273">
20 U.S.C. 9273
</external-xref>
) as provided in section 136(g)(2) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2871">
29 U.S.C. 2871(g)(2)
</external-xref>
).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H41CBB948F830492C8D74673BB727E019">
<enum>
(c)
</enum>
<header>
Application date for State and local plan provisions
</header>
<paragraph id="H47AF5AA03373435BB299C030DBD6B48B">
<enum>
(1)
</enum>
<header>
Implementation
</header>
<text>
Sections 112 and 118 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2822">
29 U.S.C. 2822
</external-xref>
, 2833), as in effect on the day before the date of enactment of this Act, shall apply to implementation of State and local plans, in lieu of sections 102 and 103, and section 108, respectively, of this Act, for the first full program year after the date of enactment of this Act.
</text>
</paragraph>
<paragraph id="H57963732243F4034879676898C0AD4F5">
<enum>
(2)
</enum>
<header>
Special provisions
</header>
<text>
For purposes of the application described in paragraph (1)—
</text>
<subparagraph id="H4DC0B45811CF4D3FA7CF126CDBC51D7F">
<enum>
(A)
</enum>
<text>
except as otherwise specified, a reference in section 112 or 118 of the Workforce Investment Act of 1998 to a provision in such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
), other than to a provision in or to either such section or to section 136 of such Act, shall be deemed to refer to the corresponding provision of this Act;
</text>
</subparagraph>
<subparagraph id="HBC4C6ABD8BD549DD9F50C7A0FAC97390">
<enum>
(B)
</enum>
<text>
the terms
<term>
local area
</term>
,
<quote>
local board
</quote>
,
<term>
one-stop partner
</term>
, and
<term>
State board
</term>
have the meanings given the terms in section 3 of this Act;
</text>
</subparagraph>
<subparagraph id="H7C589006696F47938BB4037830215CE6">
<enum>
(C)
</enum>
<text>
except as provided in subparagraph (B), terms used in such section 112 or 118 shall have the meanings given the terms in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
); and
</text>
</subparagraph>
<subparagraph id="H5EC7CC59195E40BE9A292F8E421A7699">
<enum>
(D)
</enum>
<text>
section 112(b)(18)(D) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2822">
29 U.S.C. 2822(b)(18)(D)
</external-xref>
) shall not apply.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF4658A6AF63A498AAC8038BA4003815C">
<enum>
(3)
</enum>
<header>
Submission
</header>
<text>
Sections 102, 103, and 108 of this Act shall apply to plans for the second full program year after the date of enactment, including the development, submission, and approval of such plans during the first full program year after such date.
</text>
</paragraph>
</subsection>
<subsection id="HABB5AB62592D4DEE8E6104E69A978C23">
<enum>
(d)
</enum>
<header>
Disability provisions
</header>
<text>
Except as otherwise provided in title IV of this Act, title IV, and the amendments made by title IV, shall take effect on the date of enactment of this Act.
</text>
</subsection>
</section>
</subtitle>
<subtitle id="H41DF8800C1E2409CAEBDF268B14B6C93">
<enum>
B
</enum>
<header>
Amendments to other laws
</header>
<section id="H572651C4B09442378B64A95405FA98BD" section-type="subsequent-section">
<enum>
511.
</enum>
<header>
Repeal of the Workforce Investment Act of 1998
</header>
<subsection id="HB42D5EF733AF4AFAA3969999BEDBEA8E">
<enum>
(a)
</enum>
<header>
Workforce Investment Act of 1998
</header>
<text display-inline="yes-display-inline">
The Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
) is repealed.
</text>
</subsection>
<subsection id="H8D3DC52F805F47D0B9EFF24CB757D722">
<enum>
(b)
</enum>
<header>
Grants to States for workplace and community transition training for incarcerated individuals
</header>
<text>
Section 821 of the Higher Education Amendments of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1151">
20 U.S.C. 1151
</external-xref>
) is repealed.
</text>
</subsection>
</section>
<section id="H33556FF2D5A44701B8AF4346E983472F">
<enum>
512.
</enum>
<header>
Conforming amendments
</header>
<subsection id="H4A6B1938D5C94DFEBEA315A246AC2348">
<enum>
(a)
</enum>
<header>
American Competitiveness and Workforce Improvement Act of 1998
</header>
<text>
Section 414(c)(3)(C) of the American Competitiveness and Workforce Improvement Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2916a">
29 U.S.C. 2916a(3)(C)
</external-xref>
) is amended by striking
<quote>
entities involved in administering the workforce investment system established under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
entities involved in administering the workforce development system, as defined in section 3 of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="H2DFE17A5A85448B09ADF4588556691F6">
<enum>
(b)
</enum>
<header>
Assistive Technology Act of 1998
</header>
<text>
The Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3001">
29 U.S.C. 3001 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="H0EA9078F3C904300B64A471596125970">
<enum>
(1)
</enum>
<text>
Section 3(1)(C) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/3002">
29 U.S.C. 3002(1)(C)
</external-xref>
) is amended by striking
<quote>
such as a one-stop partner, as defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
)
</quote>
and inserting
<quote>
such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="H6FF53F92A52240949F8F872AF13A91B5">
<enum>
(2)
</enum>
<text>
Section 4 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/3003">
29 U.S.C. 3003
</external-xref>
) is amended—
</text>
<subparagraph id="HCF93BCEE517F40A2BA8FBA91496CDB4A">
<enum>
(A)
</enum>
<text>
in subsection (c)(2)(B)(i)(IV), by striking
<quote>
a representative of the State workforce investment board established under section 111 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2821">
29 U.S.C. 2821
</external-xref>
)
</quote>
and inserting
<quote>
a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H66AA4C7E553B4262B7F075F035FFCBAF">
<enum>
(B)
</enum>
<text>
in subsection (e)—
</text>
<clause id="HCF5961A9E2B24DC2ADA684616455EB95">
<enum>
(i)
</enum>
<text>
in paragraph (2)(D)(i), by striking
<quote>
such as one-stop partners, as defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
),
</quote>
and inserting
<quote>
such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act,
</quote>
; and
</text>
</clause>
<clause id="H3F4FF61F1E074907B6121A8E3FC179CB">
<enum>
(ii)
</enum>
<text>
in paragraph (3)(B)(ii)(I)(aa), by striking
<quote>
with entities in the statewide and local workforce investment systems established under the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
),
</quote>
and inserting
<quote>
with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act,
</quote>
.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H43B6B35C97524F929F36B1CFB5D5258C">
<enum>
(c)
</enum>
<header>
Alaska Natural Gas Pipeline Act
</header>
<text>
Section 113(a)(2) of the Alaska Natural Gas Pipeline Act (
<external-xref legal-doc="usc" parsable-cite="usc/15/720k">
15 U.S.C. 720k(a)(2)
</external-xref>
) is amended by striking
<quote>
consistent with the vision and goals set forth in the State of Alaska Unified Plan, as developed pursuant to the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
consistent with the vision and goals set forth in the State of Alaska unified plan or combined plan, as appropriate, as developed pursuant to section 102 or 103, as appropriate, of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="HE814F33602F54FA381B6ABECF7073489">
<enum>
(d)
</enum>
<header>
Atomic Energy Defense Act
</header>
<text>
Section 4604(c)(6)(A) of the Atomic Energy Defense Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/2704">
50 U.S.C. 2704(c)(6)(A)
</external-xref>
) is amended by striking
<quote>
programs carried out by the Secretary of Labor under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
programs carried out by the Secretary of Labor under title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="HCB187059D22B4BC38ED108617A90C1D2">
<enum>
(e)
</enum>
<header>
Carl D. Perkins Career and Technical Education Act of 2006
</header>
<text>
The Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2301">
20 U.S.C. 2301 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph commented="no" id="H75F1BA85EB32416FAE25B09FF9FADDD3">
<enum>
(1)
</enum>
<text>
Section 118(d)(2) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/2328">
20 U.S.C. 2328(d)(2)
</external-xref>
) is amended—
</text>
<subparagraph commented="no" id="H25188498868641198C224EF0220D2F15">
<enum>
(A)
</enum>
<text>
in the paragraph heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Public law 105–220
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
Workforce Innovation and Opportunity Act
</header-in-text>
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H20F8F4A9B928497FBE11D8B26B86858A">
<enum>
(B)
</enum>
<text>
by striking
<quote>
functions and activities carried out under
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
</quote>
and inserting
<quote>
functions and activities carried out under the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCA33B4F970E64B1FA8A7941AD4140281">
<enum>
(2)
</enum>
<text>
Section 121(a)(4) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/2341">
20 U.S.C. 2341(a)(4)
</external-xref>
) is amended—
</text>
<subparagraph id="H6C731796B2124DEAA5A5B727EAAE2676">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
activities undertaken by the State boards under section 111 of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
</quote>
and inserting
<quote>
activities undertaken by the State boards under section 101 of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H44ED753C78074A84862B6ADABE945B78">
<enum>
(B)
</enum>
<text>
in subparagraph (B), by striking
<quote>
the service delivery system under section 121 of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
</quote>
and inserting
<quote>
the one-stop delivery system under section 121 of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3AE3AEEA68464755B508882565432D87">
<enum>
(3)
</enum>
<text>
Section 122 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/2342">
20 U.S.C. 2342
</external-xref>
) is amended—
</text>
<subparagraph id="H814CE22F813F4D22A84BF0FE76E79804">
<enum>
(A)
</enum>
<text>
in subsection (b)(1)(A)(viii), by striking
<quote>
entities participating in activities described in section 111 of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
</quote>
and inserting
<quote>
entities participating in activities described in section 101 of the Workforce Innovation and Opportunity Act
</quote>
;
</text>
</subparagraph>
<subparagraph id="HC0DC1DA0ACB4434381DE242C70DDF24C">
<enum>
(B)
</enum>
<text>
in subsection (c)(20), by striking
<quote>
the description and information specified in sections 112(b)(8) and 121(c) of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
concerning the provision of services only for postsecondary students and school dropouts
</quote>
and inserting
<quote>
the description and information specified in subparagraphs (B) and (C)(iii) of section 102(b)(2), and, as appropriate, section 103(b)(3)(A), and section 121(c), of the Workforce Innovation and Opportunity Act concerning the provision of services only for postsecondary students and school dropouts
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H9AE0966C8B9944A0917957F436255E60">
<enum>
(C)
</enum>
<text>
in subsection (d)(2)—
</text>
<clause id="H6546F32B05E74E859DB227398DD45F80">
<enum>
(i)
</enum>
<text>
in the paragraph heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
501 plan
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
combined plan
</header-in-text>
</quote>
; and
</text>
</clause>
<clause id="H6E8A123DE056480890CC65A8C0D5EC04">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
as part of the plan submitted under section 501 of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
</quote>
and inserting
<quote>
as part of the plan submitted under section 103 of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H6CF60E67D61C409F8FB56AA7F26FA120">
<enum>
(4)
</enum>
<text>
Section 124(c)(13) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/2344">
20 U.S.C. 2344(c)(13)
</external-xref>
) is amended by striking
<quote>
such as through referral to the system established under section 121 of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
</quote>
and inserting
<quote>
such as through referral to the system established under section 121 of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="H3EA2AA074D384AE4811BAB80F771D6D3">
<enum>
(5)
</enum>
<text>
Section 134(b)(5) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/2354">
20 U.S.C. 2354(b)(5)
</external-xref>
) is amended by striking
<quote>
entities participating in activities described in section 117 of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
(if applicable)
</quote>
and inserting
<quote>
entities participating in activities described in section 107 of the Workforce Innovation and Opportunity Act (if applicable)
</quote>
.
</text>
</paragraph>
<paragraph id="H82C8FABB933A4CF6B32286E112579531">
<enum>
(6)
</enum>
<text>
Section 135(c)(16) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/2355">
20 U.S.C. 2355(c)(16)
</external-xref>
) is amended by striking
<quote>
such as through referral to the system established under section 121 of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
(
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
such as through referral to the system established under section 121 of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="HDD6D761A802A4564ADB98F29D7D33CFA">
<enum>
(7)
</enum>
<text>
Section 321(b)(1) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/2411">
20 U.S.C. 2411(b)(1)
</external-xref>
) is amended by striking
<quote>
Chapters 4 and 5 of subtitle B of title I of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
</quote>
and inserting
<quote>
Chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H8069EB88B368404A81DBEB6528855277">
<enum>
(f)
</enum>
<header>
Community Services Block Grant Act
</header>
<text>
Section 676(b)(5) of the Community Services Block Grant Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/9908">
42 U.S.C. 9908(b)(5)
</external-xref>
) is amended by striking
<quote>
the eligible entities will coordinate the provision of employment and training activities, as defined in section 101 of such Act, in the State and in communities with entities providing activities through statewide and local workforce investment systems under the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
the eligible entities will coordinate the provision of employment and training activities, as defined in section 3 of the Workforce Innovation and Opportunity Act, in the State and in communities with entities providing activities through statewide and local workforce development systems under such Act
</quote>
.
</text>
</subsection>
<subsection id="HB976D18FAE7044BA8C21EBEF397E3E52">
<enum>
(g)
</enum>
<header>
Compact of Free Association Amendments Act of 2003
</header>
<text>
The Compact of Free Association Amendments Act of 2003 (
<external-xref legal-doc="usc" parsable-cite="usc/48/1921">
48 U.S.C. 1921 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="H4286C5106BCE46478FE37627AF5F9A61">
<enum>
(1)
</enum>
<text>
Section 105(f)(1)(B)(iii) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/48/1921d">
48 U.S.C. 1921d(f)(1)(B)(iii)
</external-xref>
) is amended by striking
<quote>
title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
), other than subtitle C of that Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2881">
29 U.S.C. 2881 et seq.
</external-xref>
) (Job Corps), title II of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/20/9201">
20 U.S.C. 9201 et seq.
</external-xref>
; commonly known as the Adult Education and Family Literacy Act),
</quote>
and inserting
<quote>
titles I (other than subtitle C) and II of the Workforce Innovation and Opportunity Act,
</quote>
.
</text>
</paragraph>
<paragraph id="H22A38F5FEBCD4971833FD52D7571688A">
<enum>
(2)
</enum>
<text>
Section 108(a) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/48/1921g">
48 U.S.C. 1921g(a)
</external-xref>
) is amended by striking
<quote>
subtitle C of title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2881">
29 U.S.C. 2881 et seq.
</external-xref>
; relating to Job Corps)
</quote>
and inserting
<quote>
subtitle C of title I of the Workforce Innovation and Opportunity Act (relating to Job Corps)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H0E44F28841D64474BD14FAC73FA72DC6">
<enum>
(h)
</enum>
<header>
Domestic Volunteer Service Act of 1973
</header>
<text>
Section 103(d) of the Domestic Volunteer Service Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/42/4953">
42 U.S.C. 4953(d)
</external-xref>
) is amended by striking
<quote>
employment.
</quote>
and all that follows and inserting the following:
<quote>
employment. Whenever feasible, such efforts shall be coordinated with an appropriate local workforce development board established under section 107 of the Workforce Innovation and Opportunity Act.
</quote>
.
</text>
</subsection>
<subsection id="HE6A3DF17B20140F0BBE4067426826ACA">
<enum>
(i)
</enum>
<header>
Elementary and Secondary Education Act of 1965
</header>
<text>
The Elementary and Secondary Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/6301">
20 U.S.C. 6301 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="H9358D22D76A94A449D9D1D9C3D03185E">
<enum>
(1)
</enum>
<text>
Section 1203(c)(2)(A) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/6363">
20 U.S.C. 6363(c)(2)(A)
</external-xref>
) is amended—
</text>
<subparagraph id="H17EB365E6D8B4FD8914E160C84D868C1">
<enum>
(A)
</enum>
<text>
by striking
<quote>
, in consultation with the National Institute for Literacy,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA23127CA14654B0F8B4EBB8DC31C6CDD">
<enum>
(B)
</enum>
<text>
by striking clause (ii); and
</text>
</subparagraph>
<subparagraph id="H4F53714A4EC540A392626ABECEFD88A7">
<enum>
(C)
</enum>
<text>
by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively.
</text>
</subparagraph>
</paragraph>
<paragraph id="H41C09AFA8E1B4F13902774D93A7D0CDE">
<enum>
(2)
</enum>
<text>
Section 1235(9)(B) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/6381d">
20 U.S.C. 6381d(9)(B)
</external-xref>
) is amended by striking
<quote>
any relevant programs under the Adult Education and Family Literacy Act, the Individuals with Disabilities Education Act, and title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
any relevant programs under the Adult Education and Family Literacy Act, the Individuals with Disabilities Education Act, and title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="H5FF0CA5426DE41AF8136B723E1CBFE30">
<enum>
(3)
</enum>
<text>
Section 1423(9) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/6453">
20 U.S.C. 6453(9)
</external-xref>
) is amended by striking
<quote>
a description of how the program under this subpart will be coordinated with other Federal, State, and local programs, such as programs under title I of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
</quote>
and inserting
<quote>
a description of how the program under this subpart will be coordinated with other Federal, State, and local programs, such as programs under title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="H782B183124C849169BB6DAB296D21BC9">
<enum>
(4)
</enum>
<text>
Section 1425(9) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/6455">
20 U.S.C. 6455(9)
</external-xref>
) is amended by striking
<quote>
coordinate funds received under this subpart with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made available under title I of
<external-xref legal-doc="public-law" parsable-cite="pl/105/220">
Public Law 105–220
</external-xref>
,
</quote>
and inserting
<quote>
coordinate funds received under this subpart with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made available under title I of the Workforce Innovation and Opportunity Act,
</quote>
.
</text>
</paragraph>
<paragraph id="H29EEB879BAD4492AAAB4B9BAA51A1871">
<enum>
(5)
</enum>
<text>
Section 7202(13)(H) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/7512">
20 U.S.C. 7512(13)(H)
</external-xref>
) is amended by striking
<quote>
the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H87555967C02A41B5ABDFFE540D7529F5">
<enum>
(j)
</enum>
<header>
Environmental Programs Assistance Act of 1984
</header>
<text>
Section 2(a) of the Environmental Programs Assistance Act of 1984 (
<external-xref legal-doc="usc" parsable-cite="usc/42/4368a">
42 U.S.C. 4368a(a)
</external-xref>
) is amended by striking
<quote>
Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="H2880E86EBF574AEFA25F8A423FF14C20">
<enum>
(k)
</enum>
<header>
Energy Conservation and Production Act
</header>
<text>
Section 414(b)(3) of the Energy Conservation and Production Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/6864">
42 U.S.C. 6864(b)(3)
</external-xref>
) is amended by striking
<quote>
securing, to the maximum extent practicable, the services of volunteers and training participants and public service employment workers, pursuant to title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
securing, to the maximum extent practicable, the services of volunteers and training participants and public service employment workers, pursuant to title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="H3A0038BF39C847CDB18F2A0935F21AED">
<enum>
(l)
</enum>
<header>
Food and Nutrition Act of 2008
</header>
<text>
The Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2011">
7 U.S.C. 2011 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph commented="no" id="H39D9A1D34C7447DCBA4BB926C1CC4553">
<enum>
(1)
</enum>
<text>
Section 5(l) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/7/2014">
7 U.S.C. 2014(l)
</external-xref>
) is amended by striking
<quote>
Notwithstanding section 181(a)(2) of the Workforce Investment Act of 1998, earnings to individuals participating in on-the-job-training under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
Notwithstanding section 181(a)(2) of the Workforce Innovation and Opportunity Act, earnings to individuals participating in on-the-job training under title I of such Act
</quote>
.
</text>
</paragraph>
<paragraph id="H50738FF03231486A9400119FD0115EC6">
<enum>
(2)
</enum>
<text>
Section 6 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/7/2015">
7 U.S.C. 2015
</external-xref>
) is amended—
</text>
<subparagraph id="HB03766AACC6E4C289D62DBD7F2A2B3B3">
<enum>
(A)
</enum>
<text>
in subsection (d)(4)(M), by striking
<quote>
activities under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
activities under title I of the Workforce Innovation and Opportunity Act
</quote>
;
</text>
</subparagraph>
<subparagraph id="H3D8FF7310BB74D26A6F06400F6E8EE28">
<enum>
(B)
</enum>
<text>
in subsection (e)(3)(A), by striking
<quote>
a program under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
a program under title I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H8EF62ACB37064B899C9C02964ED24EA8">
<enum>
(C)
</enum>
<text>
in subsection (o)(1)(A), by striking
<quote>
a program under the title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
a program under title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H41BE6B9FC53C483EAAA4E5375AB96DB9">
<enum>
(3)
</enum>
<text>
Section 17(b)(2) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/7/2026">
7 U.S.C. 2026(b)(2)
</external-xref>
) is amended by striking
<quote>
a program carried out under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
a program carried out under title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H5CE428BE75BA4FED86761C2FA0F74C4C">
<enum>
(m)
</enum>
<header>
Full Employment and Balanced Growth Act of 1978
</header>
<text>
Section 206 of the Full Employment and Balanced Growth Act of 1978 (
<external-xref legal-doc="usc" parsable-cite="usc/15/3116">
15 U.S.C. 3116
</external-xref>
) is amended—
</text>
<paragraph id="HF72FDD7820A24302AFF0E2161CF3BB24">
<enum>
(1)
</enum>
<text>
in subsection (b), in the matter preceding paragraph (1), by striking
<quote>
the Secretary of Labor shall, as appropriate, fully utilize the authority provided under the Job Training Partnership Act and title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
the Secretary of Labor shall, as appropriate, fully utilize the authority provided under title I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</paragraph>
<paragraph id="H903508C175A24EC6A827ED21449B2986">
<enum>
(2)
</enum>
<text>
in subsection (c)(1), by striking
<quote>
the President shall, as may be authorized by law, establish reservoirs of public employment and private nonprofit employment projects, to be approved by the Secretary of Labor, through expansion of title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
the President shall, as may be authorized by law, establish reservoirs of public employment and private nonprofit employment projects, to be approved by the Secretary of Labor, through expansion of activities under title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H45554DDFB5404922821BE0E8F538CD06">
<enum>
(n)
</enum>
<header>
Higher Education Act of 1965
</header>
<text>
The Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1001">
20 U.S.C. 1001 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="H35E07E1AE1BE4047BF2CC2C896BACEB9">
<enum>
(1)
</enum>
<text>
Section 418A of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1070d-2">
20 U.S.C. 1070d–2
</external-xref>
) is amended—
</text>
<subparagraph id="HED7BD19C1D304071A26CB03B409BCEC5">
<enum>
(A)
</enum>
<text>
in subsection (b)(1)(B)(ii), by striking
<quote>
section 167 of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
section 167 of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HADEB0C2C0E45456E92A03CBC527B26E0">
<enum>
(B)
</enum>
<text>
in subsection (c)(1)(A), by striking
<quote>
section 167 of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
section 167 of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="HAD78E0B4A1E147068311467D140E15CB">
<enum>
(2)
</enum>
<text>
Section 479(d)(1) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1087ss">
20 U.S.C. 1087ss(d)(1)
</external-xref>
) is amended by striking
<quote>
The term
<term>
dislocated worker
</term>
has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
)
</quote>
and inserting
<quote>
The term
<term>
dislocated worker
</term>
has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="H4731246E1D1145E2AB0AE2E538F4F7F4">
<enum>
(3)
</enum>
<text>
Section 479A(a) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1087tt">
20 U.S.C. 1087tt(a)
</external-xref>
) is amended by striking
<quote>
a dislocated worker (as defined in section 101 of the Workforce Investment Act of 1998)
</quote>
and inserting
<quote>
a dislocated worker (as defined in section 3 of the Workforce Innovation and Opportunity Act)
</quote>
.
</text>
</paragraph>
<paragraph id="H9BC50D56116641F19AF9483FA2E26CCF">
<enum>
(4)
</enum>
<text>
Section 480(b)(1)(I) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1087vv">
20 U.S.C. 1087vv(b)(1)(I)
</external-xref>
) is amended by striking
<quote>
benefits received through participation in employment and training activities under title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
benefits received through participation in employment and training activities under title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="HC1D86D4C0AE94C7CAC809FE9C47BA977">
<enum>
(5)
</enum>
<text>
Section 803 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1161c">
20 U.S.C. 1161c
</external-xref>
) is amended—
</text>
<subparagraph id="HB26818910E664BD990A8C0C59F0B1DF3">
<enum>
(A)
</enum>
<text>
in subsection (i)(1), by striking
<quote>
for changes to this Act and related Acts, such as the Carl D. Perkins Career and Technical Education Act of 2006 and the Workforce Investment Act of 1998 (including titles I and II), to help create and sustain business and industry workforce partnerships at institutions of higher education
</quote>
and inserting
<quote>
for changes to this Act and related Acts, such as the Carl D. Perkins Career and Technical Education Act of 2006 and the Workforce Innovation and Opportunity Act (including titles I and II), to help create and sustain business and industry workforce partnerships at institutions of higher education
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HD3289483620E44CD8CF1740A515FF66C">
<enum>
(B)
</enum>
<text>
in subsection (j)(1)—
</text>
<clause id="H1B1AFC6BC3EC45EAA108E03AE76A15ED">
<enum>
(i)
</enum>
<text>
in subparagraph (A)(ii), by striking
<quote>
local board (as such term is defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
))
</quote>
and inserting
<quote>
local board (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act)
</quote>
; and
</text>
</clause>
<clause id="H553CFA2F924D4A25BB1CC5AF4E96050A">
<enum>
(ii)
</enum>
<text>
in subparagraph (B), by striking
<quote>
a State board (as such term is defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
))
</quote>
and inserting
<quote>
a State board (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act)
</quote>
.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HC794F1DCC3294E3B9E3A4F9AA1E5A3E6">
<enum>
(6)
</enum>
<text>
Section 861(c)(1)(B) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1161q">
20 U.S.C. 1161q(c)(1)(B)
</external-xref>
) is amended by striking
<quote>
local boards (as such term is defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
))
</quote>
and inserting
<quote>
local boards (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act)
</quote>
.
</text>
</paragraph>
<paragraph id="H9475974466A74EDB9BE20D3A63CF7757">
<enum>
(7)
</enum>
<text>
Section 872(b)(2)(E) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1161s">
20 U.S.C. 1161s(b)(2)(E)
</external-xref>
) is amended by striking
<quote>
local boards (as defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
))
</quote>
and inserting
<quote>
local boards (as defined in section 3 of the Workforce Innovation and Opportunity Act)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H96A647B2EEB3491B978472C2F2BDC299">
<enum>
(o)
</enum>
<header>
Housing Act of 1949
</header>
<text>
Section 504(c)(3) of the Housing Act of 1949 (
<external-xref legal-doc="usc" parsable-cite="usc/42/1474">
42 U.S.C. 1474(c)(3)
</external-xref>
) is amended by striking
<quote>
an insufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Investment Act of 1998 or the Older American Community Service Employment Act,
</quote>
and inserting
<quote>
an insufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Innovation and Opportunity Act or the Community Service Senior Opportunities Act,
</quote>
.
</text>
</subsection>
<subsection id="HCC5D7CAA23E94B67A3A23488574DE18A">
<enum>
(p)
</enum>
<header>
Housing and Urban Development Act of 1968
</header>
<text>
Section 3 of the Housing and Urban Development Act of 1968 (
<external-xref legal-doc="usc" parsable-cite="usc/12/1701u">
12 U.S.C. 1701u
</external-xref>
) is amended—
</text>
<paragraph id="H9EE096E528EC453EB08E9DB86902D8A2">
<enum>
(1)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="H4677AAD9126E44BB8A182624ACAB21AA">
<enum>
(A)
</enum>
<text>
in paragraph (1)(B)(iii), by striking
<quote>
participants in YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
participants in YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H0878A3148FD84AB98F3E7058079385B1">
<enum>
(B)
</enum>
<text>
in paragraph (2)(B), by striking
<quote>
participants in YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
participants in YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H86B32431F19840E0BD79084BF9A1780B">
<enum>
(2)
</enum>
<text>
in subsection (d)—
</text>
<subparagraph id="HD443F9B21B5A40FA971C1FC08C3D0610">
<enum>
(A)
</enum>
<text>
in paragraph (1)(B)(iii), by striking
<quote>
To YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
To YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H1A831CBD282445A998A9F5F92FF36FBD">
<enum>
(B)
</enum>
<text>
in paragraph (2)(B), by striking
<quote>
to YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
to YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H47D556615EF1438283F90C0A200DFEAD">
<enum>
(q)
</enum>
<header>
Immigration and Nationality Act
</header>
<text>
Section 245A(h)(4)(F) of the Immigration and Nationality Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1255a">
8 U.S.C. 1255a(h)(4)(F)
</external-xref>
) is amended by striking
<quote>
Title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
Title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="H55B13749DE3E456797C4FE0694D8E349">
<enum>
(r)
</enum>
<header>
Internal Revenue Code of 1986
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/26/7527">
Section 7527(e)(2)
</external-xref>
of the Internal Revenue Code of 1986 is amended by inserting
<quote>
(as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act)
</quote>
after
<quote>
of 1998
</quote>
.
</text>
</subsection>
<subsection id="H6DC53F95EAC442A9A773519C0677CAE5">
<enum>
(s)
</enum>
<header>
McKinney-Vento Homeless Assistance Act
</header>
<text>
Section 103(c)(2) of the McKinney-Vento Homeless Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/11302">
42 U.S.C. 11302(c)(2)
</external-xref>
) is amended by striking
<quote>
a homeless individual shall be eligible for assistance under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
a homeless individual shall be eligible for assistance under title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="H5601F9A89C0141BFBD17FD4B40D7151B">
<enum>
(t)
</enum>
<header>
Museum and Library Services Act
</header>
<text>
The Museum and Library Services Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/9101">
20 U.S.C. 9101 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="H6979D700EF844F8FAE1D8D0A23A63E44">
<enum>
(1)
</enum>
<text>
Section 204(f)(3) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/9103">
20 U.S.C. 9103(f)(3)
</external-xref>
) is amended by striking
<quote>
activities under the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
) (including activities under section 134(c) of such Act) (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(c)
</external-xref>
)
</quote>
and inserting
<quote>
activities under the Workforce Innovation and Opportunity Act (including activities under section 121(e) of such Act))
</quote>
.
</text>
</paragraph>
<paragraph id="H5B4515D5601C48E0BB0EE2ED89778546">
<enum>
(2)
</enum>
<text>
Section 224(b)(6)(C) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/9134">
20 U.S.C. 9134(b)(6)(C)
</external-xref>
) is amended—
</text>
<subparagraph id="HFD750C2B93064DCA89C3D05DD3A5AF53">
<enum>
(A)
</enum>
<text>
in clause (i), by striking
<quote>
the activities carried out by the State workforce investment board under section 111(d) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2821">
29 U.S.C. 2821(d)
</external-xref>
)
</quote>
and inserting
<quote>
the activities carried out by the State workforce development board under section 101 of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H1F4A502E32A54799A3ACD98C6C54148D">
<enum>
(B)
</enum>
<text>
in clause (ii), by striking
<quote>
the State's one-stop delivery system established under section 134(c) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(c)
</external-xref>
)
</quote>
and inserting
<quote>
the State's one-stop delivery system established under section 121(e) of such Act
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H02402399149F4142ABA4029A3B3DACF8">
<enum>
(u)
</enum>
<header>
National and Community Service Act of 1990
</header>
<text>
The National and Community Service Act of 1990 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12501">
42 U.S.C. 12501 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="HF18AADDFD3AC4F53A84180057E1E1AC0">
<enum>
(1)
</enum>
<text>
Section 112(a)(3)(B) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/12523">
42 U.S.C. 12523(a)(3)(B)
</external-xref>
) is amended by striking
<quote>
or who may participate in a Youthbuild program under section 173A of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2918a">
29 U.S.C. 2918a
</external-xref>
)
</quote>
and inserting
<quote>
or who may participate in a Youthbuild program under section 171 of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="H2B66D8763F7C4B54A133561E9C985549">
<enum>
(2)
</enum>
<text>
Section 199L(a) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/12655m">
42 U.S.C. 12655m(a)
</external-xref>
) is amended by striking
<quote>
coordinated with activities supported with assistance made available under programs administered by the heads of such agencies (including title I of the Workforce Investment Act of 1998)
</quote>
and inserting
<quote>
coordinated with activities supported with assistance made available under programs administered by the heads of such agencies (including title I of the Workforce Innovation and Opportunity Act)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HFC128A4D4B5A4738BA13FC1261DA2CB8">
<enum>
(v)
</enum>
<header>
National Energy Conservation Policy Act
</header>
<text>
Section 233 of the National Energy Conservation and Policy Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/6873">
42 U.S.C. 6873
</external-xref>
) is amended, in the matter preceding paragraph (1), by striking
<quote>
a sufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Investment Act of 1998 and the Older American Community Service Employment Act
</quote>
and inserting
<quote>
a sufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Innovation and Opportunity Act and the Community Service Senior Opportunities Act
</quote>
.
</text>
</subsection>
<subsection id="HD2988CEFA6FB4452A2EDD69DFDE7390B">
<enum>
(w)
</enum>
<header>
Older Americans Act of 1965
</header>
<text>
The Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3001">
42 U.S.C. 3001 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="H6DDFC6A0DEEF4734BC99E80D09842C86">
<enum>
(1)
</enum>
<text>
Section 203 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3013">
42 U.S.C. 3013
</external-xref>
) is amended—
</text>
<subparagraph id="H0FE1360EFE4D4572B909B721ACC45EC1">
<enum>
(A)
</enum>
<text>
in subsection (a)(2), by striking
<quote>
In particular, the Secretary of Labor shall consult and cooperate with the Assistant Secretary in carrying out title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
In particular, the Secretary of Labor shall consult and cooperate with the Assistant Secretary in carrying out title I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H314ADD6F05424F6E87AAC4737124D88A">
<enum>
(B)
</enum>
<text>
in subsection (b)(1), by striking
<quote>
title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H37F4D3A43FE74E958C6F20A675AA99B9">
<enum>
(2)
</enum>
<text>
Section 321(a)(12) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3030d">
42 U.S.C. 3030d(a)(12)
</external-xref>
) is amended by striking
<quote>
including programs carried out under the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
including programs carried out under the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="HA39267E8C16B41F9857C843D877151EC">
<enum>
(3)
</enum>
<text>
Section 502 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056">
42 U.S.C. 3056
</external-xref>
) is amended—
</text>
<subparagraph id="HEF61DC43C82A4ECCBDE02F0BE28DB858">
<enum>
(A)
</enum>
<text>
in subsection (b)—
</text>
<clause id="HD42E4A71F2EF4665A7A0510AFFA3DBD1">
<enum>
(i)
</enum>
<text>
in paragraph (1)—
</text>
<subclause id="H8C9947B2C1C545F1B3CE7267A68CAE7D">
<enum>
(I)
</enum>
<text>
in subparagraph (H), by striking
<quote>
will coordinate activities with training and other services provided under title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
), including utilizing the one-stop delivery system of the local workforce investment areas involved
</quote>
and inserting
<quote>
will coordinate activities with training and other services provided under title I of the Workforce Innovation and Opportunity Act, including utilizing the one-stop delivery system of the local workforce development areas involved
</quote>
;
</text>
</subclause>
<subclause id="H728F617818A3498F834A56E01F2DDC3A">
<enum>
(II)
</enum>
<text>
in subparagraph (O)—
</text>
<item id="HC929405A453647BDB1C6F582910F25B3">
<enum>
(aa)
</enum>
<text>
by striking
<quote>
through the one-stop delivery system of the local workforce investment areas involved as established under section 134(c) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(c)
</external-xref>
),
</quote>
and inserting
<quote>
through the one-stop delivery system of the local workforce development areas involved as established under section 121(e) of the Workforce Innovation and Opportunity Act,
</quote>
; and
</text>
</item>
<item id="H9EAFC1B28EB54B9290895A5763DFE96D">
<enum>
(bb)
</enum>
<text>
by striking
<quote>
and will be involved in the planning and operations of such system pursuant to a memorandum of understanding with the local workforce investment board in accordance with section 121(c) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841(c)
</external-xref>
)
</quote>
and inserting
<quote>
and will be involved in the planning and operations of such system pursuant to a memorandum of understanding with the local workforce development board in accordance with section 121(c) of such Act
</quote>
; and
</text>
</item>
</subclause>
<subclause id="H20339F2504A846ED869EB57BB3478507">
<enum>
(III)
</enum>
<text>
in subparagraph (Q)—
</text>
<item id="HEAE8440F7901483695279AC5C3E24BFE">
<enum>
(aa)
</enum>
<text>
in clause (i), by striking
<quote>
paragraph (8), relating to coordination with other Federal programs, of section 112(b) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2822">
29 U.S.C. 2822(b)
</external-xref>
)
</quote>
and inserting
<quote>
clauses (ii) and (viii) of paragraph (2)(B), relating to coordination with other Federal programs, of section 102(b) of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</item>
<item id="H30A9A26D1D054631B4EE2AD62EC6356E">
<enum>
(bb)
</enum>
<text>
in clause (ii), by striking
<quote>
paragraph (14), relating to implementation of one-stop delivery systems, of section 112(b) of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
paragraph (2)(C)(i), relating to implementation of one-stop delivery systems, of section 102(b) of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</item>
</subclause>
</clause>
<clause id="HBAA2146C9D504601B3232C19D5807E23">
<enum>
(ii)
</enum>
<text>
in paragraph (3)—
</text>
<subclause id="H065305B586E34809894AF2A0DAA89B65">
<enum>
(I)
</enum>
<text>
in subparagraph (A), by striking
<quote>
An assessment and service strategy required by paragraph (1)(N) to be prepared for an eligible individual shall satisfy any condition for an assessment and service strategy or individual employment plan for an adult participant under subtitle B of title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
), in order to determine whether such eligible individual also qualifies for intensive or training services described in section 134(d) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(d)
</external-xref>
).
</quote>
and inserting
<quote>
An assessment and service strategy required by paragraph (1)(N) to be prepared for an eligible individual shall satisfy any condition for an assessment and service strategy or individual employment plan for an adult participant under subtitle B of title I of the Workforce Innovation and Opportunity Act, in order to determine whether such eligible individual also qualifies for career or training services described in section 134(c) of such Act.
</quote>
; and
</text>
</subclause>
<subclause id="HF61B467817C44E3FA6A50518D3E9EE66">
<enum>
(II)
</enum>
<text>
in subparagraph (B)—
</text>
<item id="H2C0D24E13C0A4B048C67865B98C4F0DF">
<enum>
(aa)
</enum>
<text>
in the subparagraph heading, by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
workforce Investment Act of 1998
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
workforce Innovation and Opportunity Act
</header-in-text>
</quote>
; and
</text>
</item>
<item id="HA29DFC327A4E44DEB3DF13C67CE75E36">
<enum>
(bb)
</enum>
<text>
by striking
<quote>
An assessment and service strategy or individual employment plan prepared under subtitle B of title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
An assessment and service strategy or individual employment plan prepared under subtitle B of title I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</item>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HA9BABCB3B11F4319841C0B61BF4A2FBE">
<enum>
(B)
</enum>
<text>
in subsection (e)(2)(B)(ii), by striking
<quote>
one-stop delivery systems established under title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
one-stop delivery systems established under section 121(e) of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H70F3A95F062F4DCF93EDA6EA8662B872">
<enum>
(4)
</enum>
<text>
Section 503 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056a">
42 U.S.C. 3056a
</external-xref>
) is amended—
</text>
<subparagraph id="HA3B760E9D8504244878ACBB3D364BEC4">
<enum>
(A)
</enum>
<text>
in subsection (a)—
</text>
<clause id="HE76870015A744172830616DC8B659324">
<enum>
(i)
</enum>
<text>
in paragraph (2)(A), by striking
<quote>
the State and local workforce investment boards established under title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
the State and local workforce development boards established under title I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</clause>
<clause id="H5EB0C7077F5D49E2B8D43A1404F13D5D">
<enum>
(ii)
</enum>
<text>
in paragraph (4)(F), by striking
<quote>
plans for facilitating the coordination of activities of grantees in the State under this title with activities carried out in the State under title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
plans for facilitating the coordination of activities of grantees in the State under this title with activities carried out in the State under title I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="HFA54C5A6136345D1B034D185EA913820">
<enum>
(B)
</enum>
<text>
in subsection (b)(2)(A), by striking
<quote>
with the program carried out under the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
with the program carried out under the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1DD4D11955AD4C8A95D51186BDD3B49E">
<enum>
(5)
</enum>
<text>
Section 505(c)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056c">
42 U.S.C. 3056c(c)(1)
</external-xref>
) of such Act is amended by striking
<quote>
activities carried out under other Acts, especially activities provided under the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
), including activities provided through one-stop delivery systems established under section 134(c)) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(c)
</external-xref>
),
</quote>
and inserting
<quote>
activities carried out under other Acts, especially activities provided under the Workforce Innovation and Opportunity Act, including activities provided through one-stop delivery systems established under section 121(e) of such Act,
</quote>
.
</text>
</paragraph>
<paragraph id="H29F1A59A0BA1414A8C3EEC16AF5E5C29">
<enum>
(6)
</enum>
<text>
Section 510 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056h">
42 U.S.C. 3056h
</external-xref>
) is amended—
</text>
<subparagraph id="H13F04256FC414257BFA3D0D2415E96CE">
<enum>
(A)
</enum>
<text>
by striking
<quote>
by local workforce investment boards and one-stop operators established under title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
by local workforce development boards and one-stop operators established under title I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HD9B75DA7C22D45C39AFFB55302A4AF6A">
<enum>
(B)
</enum>
<text>
by striking
<quote>
such title I
</quote>
and inserting
<quote>
such title
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2A77B34206FD4F8D8B4691112978BB06">
<enum>
(7)
</enum>
<text>
Section 511 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056i">
42 U.S.C. 3056i
</external-xref>
) is amended—
</text>
<subparagraph id="H3C7001D17D054EDD972E41B90C2B9D0B">
<enum>
(A)
</enum>
<text>
in subsection (a), by striking
<quote>
Grantees under this title shall be one-stop partners as described in subparagraphs (A) and (B)(vi) of section 121(b)(1) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841(b)(1)
</external-xref>
) in the one-stop delivery system established under section 134(c) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(c)
</external-xref>
) for the appropriate local workforce investment areas
</quote>
and inserting
<quote>
Grantees under this title shall be one-stop partners as described in subparagraphs (A) and (B)(v) of section 121(b)(1) of the Workforce Innovation and Opportunity Act in the one-stop delivery system established under section 121(e) of such Act for the appropriate local workforce development areas
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H156CC77ACED04531A9A525A012702074">
<enum>
(B)
</enum>
<text>
in subsection (b)(2), by striking
<quote>
be signatories of the memorandum of understanding established under section 121(c) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841(c)
</external-xref>
)
</quote>
and inserting
<quote>
be signatories of the memorandum of understanding established under section 121(c) of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H91229C5DA49E4052807EF34EB7F89AA8">
<enum>
(8)
</enum>
<text>
Section 518(b)(2)(F) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056p">
42 U.S.C. 3056p(b)(2)(F)
</external-xref>
) is amended by striking
<quote>
has failed to find employment after utilizing services provided under title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
has failed to find employment after utilizing services provided under title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HA500C367765E4F66A00DED20D8581477">
<enum>
(x)
</enum>
<header>
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
</header>
<text>
Section 403(c)(2)(K) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (
<external-xref legal-doc="usc" parsable-cite="usc/8/1613">
8 U.S.C. 1613(c)(2)(K)
</external-xref>
) is amended by striking
<quote>
Benefits under the title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
Benefits under title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="H257FA9354231447585E5BEDD6FB5DD45">
<enum>
(y)
</enum>
<header>
Patient Protection and Affordable Care Act
</header>
<text>
Section 5101(d)(3)(D) of the Patient Protection and Affordable Care Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/294q">
42 U.S.C. 294q(d)(3)(D)
</external-xref>
) is amended by striking
<quote>
other health care workforce programs, including those supported through the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
),
</quote>
and inserting
<quote>
other health care workforce programs, including those supported through the Workforce Innovation and Opportunity Act,
</quote>
.
</text>
</subsection>
<subsection id="H2A6916CFC758477E81105550B365BFCB">
<enum>
(z)
</enum>
<header>
Public Health Service Act
</header>
<text>
The Public Health Service Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/201">
42 U.S.C. 201 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="H29D6795695914F15880B9ACF476694D1">
<enum>
(1)
</enum>
<text>
Section 399V(e) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/280g-11">
42 U.S.C. 280g–11(e)
</external-xref>
) is amended by striking
<quote>
one-stop delivery systems under section 134(c) of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
one-stop delivery systems under section 121(e) of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="H473BAD5866114C39B11716BD31789335">
<enum>
(2)
</enum>
<text>
Section 751(c)(1)(A) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/294a">
42 U.S.C. 294a(c)(1)(A)
</external-xref>
) is amended by striking
<quote>
the applicable one-stop delivery system under section 134(c) of the Workforce Investment Act of 1998,
</quote>
and inserting
<quote>
the applicable one-stop delivery system under section 121(e) of the Workforce Innovation and Opportunity Act,
</quote>
.
</text>
</paragraph>
<paragraph id="H826F9ADD7C9648DA8C02E15F97E267AE">
<enum>
(3)
</enum>
<text>
Section 799B(23) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/295p">
42 U.S.C. 295p(23)
</external-xref>
) is amended by striking
<quote>
one-stop delivery system described in section 134(c) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(c)
</external-xref>
)
</quote>
and inserting
<quote>
one-stop delivery system described in section 121(e) of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HBFD7E63052CB48E4BE41BF9D2EAECC5C">
<enum>
(aa)
</enum>
<header>
Runaway and Homeless Youth Act
</header>
<text>
Section 322(a)(7) of the Runaway and Homeless Youth Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5714-2">
42 U.S.C. 5714–2(a)(7)
</external-xref>
) is amended by striking
<quote>
(including services and programs for youth available under the Workforce Investment Act of 1998)
</quote>
and inserting
<quote>
(including services and programs for youth available under the Workforce Innovation and Opportunity Act)
</quote>
.
</text>
</subsection>
<subsection id="H0697E73238D1495DBCCA24958322140B">
<enum>
(bb)
</enum>
<header>
Second Chance Act of 2007
</header>
<text>
The Second Chance Act of 2007 (
<external-xref legal-doc="usc" parsable-cite="usc/42/17501">
42 U.S.C. 17501 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="H1B2A89E038744795A2D55268E4E7928C">
<enum>
(1)
</enum>
<text>
Section 212 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/17532">
42 U.S.C. 17532
</external-xref>
) is amended—
</text>
<subparagraph id="H27236CAF923A4715B4192DFB60EB7029">
<enum>
(A)
</enum>
<text>
in subsection (c)(1)(B), by striking
<quote>
in coordination with the one-stop partners and one-stop operators (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
)) that provide services at any center operated under a one-stop delivery system established under section 134(c) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(c)
</external-xref>
),
</quote>
and inserting
<quote>
in coordination with the one-stop partners and one-stop operators (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act) that provide services at any center operated under a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H08D182C6609941E784B5B9AC53617BF6">
<enum>
(B)
</enum>
<text>
in subsection (d)(1)(B)(iii), by striking
<quote>
the local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2832">
29 U.S.C. 2832
</external-xref>
)),
</quote>
and inserting
<quote>
the local workforce development boards established under section 107 of the Workforce Innovation and Opportunity Act,
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB9E7756885074E3D98B5ED90F61937FE">
<enum>
(2)
</enum>
<text>
Section 231(e) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/17541">
42 U.S.C. 17541(e)
</external-xref>
) is amended by striking
<quote>
the one-stop partners and one-stop operators (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
)) that provide services at any center operated under a one-stop delivery system established under section 134(c) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864(c)
</external-xref>
)
</quote>
and inserting
<quote>
the one-stop partners and one-stop operators (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act) that provide services at any center operated under a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HA5893377E7774807B88F5F30D2DA1288">
<enum>
(cc)
</enum>
<header>
Small Business Act
</header>
<text>
Section 7(j)(13)(E) of the Small Business Act (
<external-xref legal-doc="usc" parsable-cite="usc/15/636">
15 U.S.C. 636(j)(13)(E)
</external-xref>
) is amended by striking
<quote>
an institution eligible to provide skills training or upgrading under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
an institution eligible to provide skills training or upgrading under title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subsection>
<subsection id="H50AC8889F99D414B96E19E0EA1E7664B">
<enum>
(dd)
</enum>
<header>
Social Security Act
</header>
<text>
The Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/301">
42 U.S.C. 301 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="HAFCE43B5C29340508FA0B7117DBAC2E5">
<enum>
(1)
</enum>
<text>
Section 403(a)(5) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/603">
42 U.S.C. 603(a)(5)
</external-xref>
) is amended—
</text>
<subparagraph id="HF44B73AEEA1945009F0EC3F10E286C5A">
<enum>
(A)
</enum>
<text>
in subparagraph (A)(vii)(I), by striking
<quote>
chief elected official (as defined in section 101 of the Workforce Investment Act of 1998)
</quote>
and inserting
<quote>
chief elected official (as defined in section 3 of the Workforce Innovation and Opportunity Act)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HF07C371B91E94750BB18C4CF059EDD4F">
<enum>
(B)
</enum>
<text>
in subparagraph (D)(ii), by striking
<quote>
local workforce investment board established for the service delivery area pursuant to title I of the Workforce Investment Act of 1998, as appropriate
</quote>
and inserting
<quote>
local workforce development board established for the local workforce development area pursuant to title I of the Workforce Innovation and Opportunity Act, as appropriate
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCD576C4AB1FB4668BA86477DF655FDBA">
<enum>
(2)
</enum>
<text>
Section 1148(f)(1)(B) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1320b-19">
42 U.S.C. 1320b–19(f)(1)(B)
</external-xref>
) is amended by striking
<quote>
a one-stop delivery system established under subtitle B of title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="H35AE09F590A04CC99EBE68940C57E536">
<enum>
(3)
</enum>
<text>
Section 1149(a)(3) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1320b-20">
42 U.S.C. 1320b–20(a)(3)
</external-xref>
) is amended by striking
<quote>
a one-stop delivery system established under subtitle B of title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph commented="no" id="H40C314339EC84C03B188A120DBE7B08C">
<enum>
(4)
</enum>
<text>
Section 2008(a) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1397g">
42 U.S.C. 1397g(a)
</external-xref>
) is amended—
</text>
<subparagraph commented="no" id="H34D9BAA8F58B43E9B874ED730942538D">
<enum>
(A)
</enum>
<text>
in paragraph (2)(B), by striking
<quote>
the State workforce investment board established under section 111 of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H0AE140E90A6C457CBB484F82E4CF396F">
<enum>
(B)
</enum>
<text>
in paragraph (4)(A), by striking
<quote>
a local workforce investment board established under section 117 of the Workforce Investment Act of 1998,
</quote>
and inserting
<quote>
a local workforce development board established under section 107 of the Workforce Innovation and Opportunity Act,
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HD64803C948C745EFA477903E30F33A58">
<enum>
(ee)
</enum>
<header>
Title 18 of the United States Code
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/18/665">
Section 665
</external-xref>
of title 18 of the United States Code is amended—
</text>
<paragraph id="HD7951A153399456C86A556BDD6B86A41">
<enum>
(1)
</enum>
<text>
in subsection (a), by striking
<quote>
Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving financial assistance or any funds under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving financial assistance or any funds under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998
</quote>
;
</text>
</paragraph>
<paragraph id="H36E5576F03514F86A642FC75F6FDFA45">
<enum>
(2)
</enum>
<text>
in subsection (b), by striking
<quote>
a contract of employment in connection with a financial assistance agreement or contract under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
a contract of employment in connection with a financial assistance agreement or contract under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998
</quote>
; and
</text>
</paragraph>
<paragraph id="H99088FD66A40425A9A3C8A85FDFA1F4E">
<enum>
(3)
</enum>
<text>
in subsection (c), by striking
<quote>
Whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede, an investigation or inquiry under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,
</quote>
and inserting
<quote>
Whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede, an investigation or inquiry under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H5376BFE3C2FB48E4B357F91F701F894F">
<enum>
(ff)
</enum>
<header>
Title 31 of the United States Code
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/31/6703">
Section 6703(a)(4)
</external-xref>
of title 31 of the United States Code is amended by striking
<quote>
Programs under title I of the Workforce Investment Act of 1998.
</quote>
and inserting
<quote>
Programs under title I of the Workforce Innovation and Opportunity Act.
</quote>
.
</text>
</subsection>
<subsection id="H4B42EEF932FD4595A1105BFE09F41BFE">
<enum>
(gg)
</enum>
<header>
Title 38 of the United States Code
</header>
<text>
Title 38 of the United States Code is amended as follows:
</text>
<paragraph id="H1719A159C4DF4DC6B8214C6A12064028">
<enum>
(1)
</enum>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/38/4101">
Section 4101(9)
</external-xref>
of title 38 of the United States Code is amended by striking
<quote>
The term
<term>
intensive services
</term>
means local employment and training services of the type described in section 134(d)(3) of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
The term
<term>
career services
</term>
means local employment and training services of the type described in section 134(c)(2) of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
<paragraph id="H14FE773E9C1646B6907B401DABC00E6B">
<enum>
(2)
</enum>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/38/4102A">
Section 4102A
</external-xref>
of title 38 of the United States Code is amended—
</text>
<subparagraph id="HE98E66279AEC4096A78D9DA291E2C6A9">
<enum>
(A)
</enum>
<text>
in subsection (d), by striking
<quote>
participation of qualified veterans and eligible persons in employment and training opportunities under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
participation of qualified veterans and eligible persons in employment and training opportunities under title I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HD7BC227A2F87485D9997A1696EC5D92F">
<enum>
(B)
</enum>
<text>
in subsection (f)(2)(A), by striking
<quote>
be consistent with State performance measures applicable under section 136(b) of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
be consistent with State performance accountability measures applicable under section 116(b) of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3E284F883D284FA7A12531EB99E673DC">
<enum>
(3)
</enum>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/38/4104A">
Section 4104A
</external-xref>
of title 38 of the United States Code is amended—
</text>
<subparagraph id="H923E37B2F1B2421C88A6B0A094BBCDA5">
<enum>
(A)
</enum>
<text>
in subsection (b)(1)(B), by striking
<quote>
the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
))
</quote>
and inserting
<quote>
the appropriate State boards and local boards (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H50744AE9DCCE489A8DE791E85443D389">
<enum>
(B)
</enum>
<text>
in subsection (c)(1)(A), by striking
<quote>
the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
))
</quote>
and inserting
<quote>
the appropriate State boards and local boards (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act)
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H6627B88C768B4F2CA1E4DF6C747D0384">
<enum>
(4)
</enum>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/38/4110B">
Section 4110B
</external-xref>
of title 38 of the United States Code is amended by striking
<quote>
enter into an agreement with the Secretary regarding the implementation of the Workforce Investment Act of 1998 that includes the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2822">
29 U.S.C. 2822(b)
</external-xref>
)
</quote>
and inserting
<quote>
enter into an agreement with the Secretary regarding the implementation of the Workforce Innovation and Opportunity Act that includes the descriptions described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce Innovation and Opportunity Act and a description of how the State board will carry out the activities described in section 101(d)(3)(F) of such Act
</quote>
.
</text>
</paragraph>
<paragraph id="H76ECB7B5ECDE4EC0904DFD7D5A00B8F2">
<enum>
(5)
</enum>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/38/4213">
Section 4213(a)(4)
</external-xref>
of title 38 of the United States Code is amended by striking
<quote>
Any employment or training program carried out under title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
Any employment or training program carried out under title I of the Workforce Innovation and Opportunity Act
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H371CBBB6CA2C4D6191E08E89A5E87CB2">
<enum>
(hh)
</enum>
<header>
Trade Act of 1974
</header>
<text>
The Trade Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/19/2101">
19 U.S.C. 2101 et seq.
</external-xref>
) is amended as follows:
</text>
<paragraph id="H087384892325464EB8F7A34099869E7A">
<enum>
(1)
</enum>
<text>
Section 221(a) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/19/2271">
19 U.S.C. 2271
</external-xref>
) is amended—
</text>
<subparagraph id="H8C593929B8E0486ABFFA4D22F8FBBFD2">
<enum>
(A)
</enum>
<text>
in paragraph (1)(C)—
</text>
<clause id="H460B5939E1CF46BB8AA5D5D6C356E37A">
<enum>
(i)
</enum>
<text>
by striking
<quote>
, one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
)) including State employment security agencies,
</quote>
and inserting
<quote>
, one-stop operators or one-stop partners (as defined in section 3 of the Workforce Innovation and Opportunity Act) including State employment security agencies,
</quote>
; and
</text>
</clause>
<clause id="HE2DC7E152F4E4054BAA34A36BA122984">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
or the State dislocated worker unit established under title I of such Act,
</quote>
and inserting
<quote>
or a State dislocated worker unit,
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H04867288E9C945E28D682577E03987E7">
<enum>
(B)
</enum>
<text>
in subsection (a)(2)(A), by striking
<quote>
rapid response activities and appropriate core and intensive services (as described in section 134 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864
</external-xref>
)) authorized under other Federal laws
</quote>
and inserting
<quote>
rapid response activities and appropriate career services (as described in section 134 of the Workforce Innovation and Opportunity Act) authorized under other Federal laws
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H71E025BF6DD74C609E7CC388F6708C5C">
<enum>
(2)
</enum>
<text>
Section 222(d)(2)(A)(iv) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/19/2272">
19 U.S.C. 2272(d)(2)(A)(iv)
</external-xref>
) is amended by striking
<quote>
one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
))
</quote>
and inserting
<quote>
one-stop operators or one-stop partners (as defined in section 3 of the Workforce Innovation and Opportunity Act)
</quote>
.
</text>
</paragraph>
<paragraph id="H62BE8C8807B146F7BC8234C2176F8437">
<enum>
(3)
</enum>
<text>
Section 236(a)(5) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/19/2296">
19 U.S.C. 2296(a)(5)
</external-xref>
) is amended—
</text>
<subparagraph id="HB7CE17206C924C2DB683A43BC1208A88">
<enum>
(A)
</enum>
<text>
in subparagraph (B), by striking
<quote>
any training program provided by a State pursuant to title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
any training program provided by a State pursuant to title I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H4F021321DA854941A2ED6C94FB3B5CB3">
<enum>
(B)
</enum>
<text>
in the flush text following subparagraph (H), by striking
<quote>
The Secretary may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
).
</quote>
and inserting
<quote>
The Secretary may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of the Workforce Innovation and Opportunity Act.
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H54B5EB6BAF014AA1B7FBB4F16E8939B1">
<enum>
(4)
</enum>
<text>
Section 239 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/19/2311">
19 U.S.C. 2311
</external-xref>
) is amended—
</text>
<subparagraph id="HCCBD89D98DF842CFBD40E7782F2B7853">
<enum>
(A)
</enum>
<text>
in subsection (f), by striking
<quote>
Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under sections 235 and 236 of this Act and under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under sections 235 and 236 of this Act and under title I of the Workforce Innovation and Opportunity Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HB2EDC9759EFA4451AEA95AA1C650C76C">
<enum>
(B)
</enum>
<text>
in subsection (h), by striking
<quote>
the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2822">
29 U.S.C. 2822(b)
</external-xref>
)
</quote>
and inserting
<quote>
the descriptions described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce Innovation and Opportunity Act, a description of how the State board will carry out the activities described in section 101(d)(3)(F) of such Act,
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H70791E6C1BD2462E96C47091C6A9E78D">
<enum>
(ii)
</enum>
<header>
United States Housing Act of 1937
</header>
<text>
Section 23 of the United States Housing Act of 1937 (
<external-xref legal-doc="usc" parsable-cite="usc/42/1437u">
42 U.S.C. 1437u
</external-xref>
) is amended—
</text>
<paragraph id="H5BD6F42CE5DB49E09BA9E01B9A88C530">
<enum>
(1)
</enum>
<text>
in subsection (b)(2)(A), by striking
<quote>
lack of supportive services accessible to eligible families, which shall include insufficient availability of resources for programs under title I of the Workforce Investment Act of 1998
</quote>
and inserting
<quote>
lack of supportive services accessible to eligible families, which shall include insufficient availability of resources for programs under title I of the Workforce Innovation and Opportunity Act
</quote>
;
</text>
</paragraph>
<paragraph id="H9EB6BB852F744071A78A3E15E2B2A34B">
<enum>
(2)
</enum>
<text>
in subsection (f)(2), by striking
<quote>
the local agencies (if any) responsible for carrying out programs under title I of the Workforce Investment Act of 1998 or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act,
</quote>
and inserting
<quote>
the local agencies (if any) responsible for carrying out programs under title I of the Workforce Innovation and Opportunity Act or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act,
</quote>
; and
</text>
</paragraph>
<paragraph id="H7A1C44702B074F328789C15C3DEEFCD2">
<enum>
(3)
</enum>
<text>
in subsection (g)—
</text>
<subparagraph id="H33B57FF2FD424BCEA9B7062FF9F69E85">
<enum>
(A)
</enum>
<text>
in paragraph (2), by striking
<quote>
any local agencies responsible for programs under title I of the Workforce Investment Act of 1998 or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act
</quote>
and inserting
<quote>
any local agencies responsible for programs under title I of the Workforce Innovation and Opportunity Act or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HB28C4DB5A379447E9E420C679BF565D7">
<enum>
(B)
</enum>
<text>
in paragraph (3)(H), by striking
<quote>
programs under title I of the Workforce Investment Act of 1998 and any other relevant employment, child care, transportation, training, and education programs in the applicable area
</quote>
and inserting
<quote>
programs under title I of the Workforce Innovation and Opportunity Act and any other relevant employment, child care, transportation, training, and education programs in the applicable area
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H900518BFB1354DCF809F8CACA4C0F6D9">
<enum>
(jj)
</enum>
<header>
Violent Crime Control and Law Enforcement Act of 1994
</header>
<text>
Section 31113(a)(4)(C) of the Violent Crime Control and Law Enforcement Act of 1994 (
<external-xref legal-doc="usc" parsable-cite="usc/42/13823">
42 U.S.C. 13823(a)(4)(C)
</external-xref>
) is amended by striking
<quote>
job training programs authorized under title I of the Workforce Investment Act of 1998 or the Family Support Act of 1988 (
<external-xref legal-doc="public-law" parsable-cite="pl/100/485">
Public Law 100–485
</external-xref>
)
</quote>
and inserting
<quote>
job training programs authorized under title I of the Workforce Innovation and Opportunity Act or the Family Support Act of 1988 (
<external-xref legal-doc="public-law" parsable-cite="pl/100/485">
Public Law 100–485
</external-xref>
)
</quote>
.
</text>
</subsection>
<subsection id="HCA500140D8E946118499AF7A6127102E">
<enum>
(kk)
</enum>
<header>
Worker Adjustment and Retraining Notification Act
</header>
<text>
Section 3(a)(2) of the Worker Adjustment and Retraining Notification Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2102">
29 U.S.C. 2102(a)(2)
</external-xref>
) is amended by striking
<quote>
the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998,
</quote>
and inserting
<quote>
the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Innovation and Opportunity Act,
</quote>
.
</text>
</subsection>
</section>
<section id="H43AE9CF8CB964064B08AB17A922FCFAC">
<enum>
513.
</enum>
<header>
References
</header>
<subsection id="HBDCB3FDD37C8400DA84C0438A48B2BF0">
<enum>
(a)
</enum>
<header>
Workforce Investment Act of 1998 references
</header>
<text display-inline="yes-display-inline">
Except as otherwise specified, a reference in a Federal law to a provision of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
) shall be deemed to refer to the corresponding provision of this Act.
</text>
</subsection>
<subsection id="H1D3CAF2620E04C83857D7218910D3137">
<enum>
(b)
</enum>
<header>
Wagner-Peyser Act references
</header>
<text>
Except as otherwise specified, a reference in a Federal law to a provision of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) shall be deemed to refer to the corresponding provision of such Act, as amended by this Act.
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="H64546E35FB9B4D3EBF1CDDC21F26FCE5">
<enum>
(c)
</enum>
<header>
Disability-related references
</header>
<text display-inline="yes-display-inline">
Except as otherwise specified, a reference in a Federal law to a provision of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
) shall be deemed to refer to the corresponding provision of such Act, as amended by this Act.
</text>
</subsection>
</section>
</subtitle>
</title>
</legis-body>
<attestation>
<attestation-group>
<role>
Speaker of the House of Representatives.
</role>
</attestation-group>
<attestation-group>
<role>
Vice President of the United States and President of the Senate.
</role>
</attestation-group>
</attestation>
</bill>
| I One Hundred Thirteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen H. R. 803 AN ACT To amend the Workforce Investment Act of 1998 to strengthen the United States workforce development system through innovation in, and alignment and improvement of, employment, training, and education programs in the United States, and to promote individual and national economic growth, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Workforce Innovation and Opportunity Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. TITLE I—Workforce development activities Subtitle A—System alignment Chapter 1—State provisions Sec. 101. State workforce development boards. Sec. 102. Unified State plan. Sec. 103. Combined State plan. Chapter 2—Local provisions Sec. 106. Workforce development areas. Sec. 107. Local workforce development boards. Sec. 108. Local plan. Chapter 3—Board Provisions Sec. 111. Funding of State and local boards. Chapter 4—Performance accountability Sec. 116. Performance accountability system. Subtitle B—Workforce investment activities and providers Chapter 1—Workforce investment activities and providers Sec. 121. Establishment of one-stop delivery systems. Sec. 122. Identification of eligible providers of training services. Sec. 123. Eligible providers of youth workforce investment activities. Chapter 2—Youth workforce investment activities Sec. 126. General authorization. Sec. 127. State allotments. Sec. 128. Within State allocations. Sec. 129. Use of funds for youth workforce investment activities. Chapter 3—Adult and dislocated worker employment and training activities Sec. 131. General authorization. Sec. 132. State allotments. Sec. 133. Within State allocations. Sec. 134. Use of funds for employment and training activities. Chapter 4—General workforce investment provisions Sec. 136. Authorization of appropriations. Subtitle C—Job Corps Sec. 141. Purposes. Sec. 142. Definitions. Sec. 143. Establishment. Sec. 144. Individuals eligible for the Job Corps. Sec. 145. Recruitment, screening, selection, and assignment of enrollees. Sec. 146. Enrollment. Sec. 147. Job Corps centers. Sec. 148. Program activities. Sec. 149. Counseling and job placement. Sec. 150. Support. Sec. 151. Operations. Sec. 152. Standards of conduct. Sec. 153. Community participation. Sec. 154. Workforce councils. Sec. 155. Advisory committees. Sec. 156. Experimental projects and technical assistance. Sec. 157. Application of provisions of Federal law. Sec. 158. Special provisions. Sec. 159. Management information. Sec. 160. General provisions. Sec. 161. Job Corps oversight and reporting. Sec. 162. Authorization of appropriations. Subtitle D—National programs Sec. 166. Native American programs. Sec. 167. Migrant and seasonal farmworker programs. Sec. 168. Technical assistance. Sec. 169. Evaluations and research. Sec. 170. National dislocated worker grants. Sec. 171. YouthBuild program. Sec. 172. Authorization of appropriations. Subtitle E—Administration Sec. 181. Requirements and restrictions. Sec. 182. Prompt allocation of funds. Sec. 183. Monitoring. Sec. 184. Fiscal controls; sanctions. Sec. 185. Reports; recordkeeping; investigations. Sec. 186. Administrative adjudication. Sec. 187. Judicial review. Sec. 188. Nondiscrimination. Sec. 189. Secretarial administrative authorities and responsibilities. Sec. 190. Workforce flexibility plans. Sec. 191. State legislative authority. Sec. 192. Transfer of Federal equity in State employment security agency real property to the States. Sec. 193. Continuation of State activities and policies. Sec. 194. General program requirements. Sec. 195. Restrictions on lobbying activities. TITLE II—Adult education and literacy Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Definitions. Sec. 204. Home schools. Sec. 205. Rule of construction regarding postsecondary transition and concurrent enrollment activities. Sec. 206. Authorization of appropriations. Subtitle A—Federal provisions Sec. 211. Reservation of funds; grants to eligible agencies; allotments. Sec. 212. Performance accountability system. Subtitle B—State provisions Sec. 221. State administration. Sec. 222. State distribution of funds; matching requirement. Sec. 223. State leadership activities. Sec. 224. State plan. Sec. 225. Programs for corrections education and other institutionalized individuals. Subtitle C—Local provisions Sec. 231. Grants and contracts for eligible providers. Sec. 232. Local application. Sec. 233. Local administrative cost limits. Subtitle D—General provisions Sec. 241. Administrative provisions. Sec. 242. National leadership activities. Sec. 243. Integrated English literacy and civics education. TITLE III—Amendments to the Wagner-Peyser Act Sec. 301. Employment service offices. Sec. 302. Definitions. Sec. 303. Federal and State employment service offices. Sec. 304. Allotment of sums. Sec. 305. Use of sums. Sec. 306. State plan. Sec. 307. Performance measures. Sec. 308. Workforce and labor market information system. TITLE IV—Amendments to the Rehabilitation Act of 1973 Subtitle A—Introductory Provisions Sec. 401. References. Sec. 402. Findings, purpose, policy. Sec. 403. Rehabilitation Services Administration. Sec. 404. Definitions. Sec. 405. Administration of the Act. Sec. 406. Reports. Sec. 407. Evaluation and information. Sec. 408. Carryover. Sec. 409. Traditionally underserved populations. Subtitle B—Vocational rehabilitation services Sec. 411. Declaration of policy; authorization of appropriations. Sec. 412. State plans. Sec. 413. Eligibility and individualized plan for employment. Sec. 414. Vocational rehabilitation services. Sec. 415. State Rehabilitation Council. Sec. 416. Evaluation standards and performance indicators. Sec. 417. Monitoring and review. Sec. 418. Training and services for employers. Sec. 419. State allotments. Sec. 420. Payments to States. Sec. 421. Client assistance program. Sec. 422. Pre-employment transition services. Sec. 423. American Indian vocational rehabilitation services. Sec. 424. Vocational rehabilitation services client information. Subtitle C—Research and Training Sec. 431. Purpose. Sec. 432. Authorization of appropriations. Sec. 433. National Institute on Disability, Independent Living, and Rehabilitation Research. Sec. 434. Interagency committee. Sec. 435. Research and other covered activities. Sec. 436. Disability, Independent Living, and Rehabilitation Research Advisory Council. Sec. 437. Definition of covered school. Subtitle D—Professional Development and Special Projects and Demonstration Sec. 441. Purpose; training. Sec. 442. Demonstration, training, and technical assistance programs. Sec. 443. Migrant and seasonal farmworkers; recreational programs. Subtitle E—National Council on Disability Sec. 451. Establishment. Sec. 452. Report. Sec. 453. Authorization of appropriations. Subtitle F—Rights and advocacy Sec. 456. Interagency Committee, Board, and Council. Sec. 457. Protection and advocacy of individual rights. Sec. 458. Limitations on use of subminimum wage. Subtitle G—Employment Opportunities for Individuals With Disabilities Sec. 461. Employment opportunities for individuals with disabilities. Subtitle H—Independent Living Services and Centers for Independent Living Chapter 1—Individuals with significant disabilities SUBCHAPTER A—General provisions Sec. 471. Purpose. Sec. 472. Administration of the independent living program. Sec. 473. Definitions. Sec. 474. State plan. Sec. 475. Statewide Independent Living Council. Sec. 475A. Responsibilities of the Administrator. SUBCHAPTER B—Independent living services Sec. 476. Administration. SUBCHAPTER C—Centers for independent living Sec. 481. Program authorization. Sec. 482. Centers. Sec. 483. Standards and assurances. Sec. 484. Authorization of appropriations. Chapter 2—Independent Living Services for Older Individuals who are Blind Sec. 486. Independent living services for older individuals who are blind. Sec. 487. Program of grants. Sec. 488. Independent living services for older individuals who are blind authorization of appropriations. Subtitle I—General provisions Sec. 491. Transfer of functions regarding independent living to Department of Health and Human Services, and savings provisions. Sec. 492. Table of contents. TITLE V—General provisions Subtitle A—Workforce investment Sec. 501. Privacy. Sec. 502. Buy-American requirements. Sec. 503. Transition provisions. Sec. 504. Reduction of reporting burdens and requirements. Sec. 505. Report on data capability of Federal and State databases and data exchange agreements. Sec. 506. Effective dates. Subtitle B—Amendments to other laws Sec. 511. Repeal of the Workforce Investment Act of 1998. Sec. 512. Conforming amendments. Sec. 513. References. 2. Purposes The purposes of this Act are the following: (1) To increase, for individuals in the United States, particularly those individuals with barriers to employment, access to and opportunities for the employment, education, training, and support services they need to succeed in the labor market. (2) To support the alignment of workforce investment, education, and economic development systems in support of a comprehensive, accessible, and high-quality workforce development system in the United States. (3) To improve the quality and labor market relevance of workforce investment, education, and economic development efforts to provide America's workers with the skills and credentials necessary to secure and advance in employment with family-sustaining wages and to provide America's employers with the skilled workers the employers need to succeed in a global economy. (4) To promote improvement in the structure of and delivery of services through the United States workforce development system to better address the employment and skill needs of workers, jobseekers, and employers. (5) To increase the prosperity of workers and employers in the United States, the economic growth of communities, regions, and States, and the global competitiveness of the United States. (6) For purposes of subtitle A and B of title I, to provide workforce investment activities, through statewide and local workforce development systems, that increase the employment, retention, and earnings of participants, and increase attainment of recognized postsecondary credentials by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, increase economic self-sufficiency, meet the skill requirements of employers, and enhance the productivity and competitiveness of the Nation. 3. Definitions In this Act, and the core program provisions that are not in this Act, except as otherwise expressly provided: (1) Administrative costs The term administrative costs means expenditures incurred by State boards and local boards, direct recipients (including State grant recipients under subtitle B of title I and recipients of awards under subtitles C and D of title I), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under title I that are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and nonpersonnel costs and both direct and indirect costs. (2) Adult Except as otherwise specified in section 132, the term adult means an individual who is age 18 or older. (3) Adult education; adult education and literacy activities The terms adult education and adult education and literacy activities have the meanings given the terms in section 203. (4) Area career and technical education school The term area career and technical education school has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (5) Basic skills deficient The term basic skills deficient means, with respect to an individual— (A) who is a youth, that the individual has English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test; or (B) who is a youth or adult, that the individual is unable to compute or solve problems, or read, write, or speak English, at a level necessary to function on the job, in the individual's family, or in society. (6) Career and technical education The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (7) Career pathway The term career pathway means a combination of rigorous and high-quality education, training, and other services that— (A) aligns with the skill needs of industries in the economy of the State or regional economy involved; (B) prepares an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ) (referred to individually in this Act as an apprenticeship , except in section 171); (C) includes counseling to support an individual in achieving the individual's education and career goals; (D) includes, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster; (E) organizes education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable; (F) enables an individual to attain a secondary school diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; and (G) helps an individual enter or advance within a specific occupation or occupational cluster. (8) Career planning The term career planning means the provision of a client-centered approach in the delivery of services, designed— (A) to prepare and coordinate comprehensive employment plans, such as service strategies, for participants to ensure access to necessary workforce investment activities and supportive services, using, where feasible, computer-based technologies; and (B) to provide job, education, and career counseling, as appropriate during program participation and after job placement. (9) Chief elected official The term chief elected official means— (A) the chief elected executive officer of a unit of general local government in a local area; and (B) in a case in which a local area includes more than 1 unit of general local government, the individuals designated under the agreement described in section 107(c)(1)(B). (10) Community-based organization The term community-based organization means a private nonprofit organization (which may include a faith-based organization), that is representative of a community or a significant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce development. (11) Competitive integrated employment The term competitive integrated employment has the meaning given the term in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ), for individuals with disabilities. (12) Core program The term core programs means a program authorized under a core program provision. (13) Core program provision The term core program provision means— (A) chapters 2 and 3 of subtitle B of title I (relating to youth workforce investment activities and adult and dislocated worker employment and training activities); (B) title II (relating to adult education and literacy activities); (C) sections 1 through 13 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) (relating to employment services); and (D) title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741) (relating to vocational rehabilitation services). (14) Customized training The term customized training means training— (A) that is designed to meet the specific requirements of an employer (including a group of employers); (B) that is conducted with a commitment by the employer to employ an individual upon successful completion of the training; and (C) for which the employer pays— (i) a significant portion of the cost of training, as determined by the local board involved, taking into account the size of the employer and such other factors as the local board determines to be appropriate, which may include the number of employees participating in training, wage and benefit levels of those employees (at present and anticipated upon completion of the training), relation of the training to the competitiveness of a participant, and other employer-provided training and advancement opportunities; and (ii) in the case of customized training (as defined in subparagraphs (A) and (B)) involving an employer located in multiple local areas in the State, a significant portion of the cost of the training, as determined by the Governor of the State, taking into account the size of the employer and such other factors as the Governor determines to be appropriate. (15) Dislocated worker The term dislocated worker means an individual who— (A) (i) has been terminated or laid off, or who has received a notice of termination or layoff, from employment; (ii) (I) is eligible for or has exhausted entitlement to unemployment compensation; or (II) has been employed for a duration sufficient to demonstrate, to the appropriate entity at a one-stop center referred to in section 121(e), attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a State unemployment compensation law; and (iii) is unlikely to return to a previous industry or occupation; (B) (i) has been terminated or laid off, or has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise; (ii) is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days; or (iii) for purposes of eligibility to receive services other than training services described in section 134(c)(3), career services described in section 134(c)(2)(A)(xii), or supportive services, is employed at a facility at which the employer has made a general announcement that such facility will close; (C) was self-employed (including employment as a farmer, a rancher, or a fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters; (D) is a displaced homemaker; or (E) (i) is the spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10, United States Code), and who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or (ii) is the spouse of a member of the Armed Forces on active duty and who meets the criteria described in paragraph (16)(B). (16) Displaced homemaker The term displaced homemaker means an individual who has been providing unpaid services to family members in the home and who— (A) (i) has been dependent on the income of another family member but is no longer supported by that income; or (ii) is the dependent spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10, United States Code) and whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; and (B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment. (17) Economic development agency The term economic development agency includes a local planning or zoning commission or board, a community development agency, or another local agency or institution responsible for regulating, promoting, or assisting in local economic development. (18) Eligible youth Except as provided in subtitles C and D of title I, the term eligible youth means an in-school youth or out-of-school youth. (19) Employment and training activity The term employment and training activity means an activity described in section 134 that is carried out for an adult or dislocated worker. (20) English language acquisition program The term English language acquisition program has the meaning given the term in section 203. (21) English language learner The term English language learner has the meaning given the term in section 203. (22) Governor The term Governor means the chief executive of a State or an outlying area. (23) In-demand industry sector or occupation (A) In general The term in-demand industry sector or occupation means— (i) an industry sector that has a substantial current or potential impact (including through jobs that lead to economic self-sufficiency and opportunities for advancement) on the State, regional, or local economy, as appropriate, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors; or (ii) an occupation that currently has or is projected to have a number of positions (including positions that lead to economic self-sufficiency and opportunities for advancement) in an industry sector so as to have a significant impact on the State, regional, or local economy, as appropriate. (B) Determination The determination of whether an industry sector or occupation is in-demand under this paragraph shall be made by the State board or local board, as appropriate, using State and regional business and labor market projections, including the use of labor market information. (24) Individual with a barrier to employment The term individual with a barrier to employment means a member of 1 or more of the following populations: (A) Displaced homemakers. (B) Low-income individuals. (C) Indians, Alaska Natives, and Native Hawaiians, as such terms are defined in section 166. (D) Individuals with disabilities, including youth who are individuals with disabilities. (E) Older individuals. (F) Ex-offenders. (G) Homeless individuals (as defined in section 41403(6) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6) )), or homeless children and youths (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) )). (H) Youth who are in or have aged out of the foster care system. (I) Individuals who are English language learners, individuals who have low levels of literacy, and individuals facing substantial cultural barriers. (J) Eligible migrant and seasonal farmworkers, as defined in section 167(i). (K) Individuals within 2 years of exhausting lifetime eligibility under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). (L) Single parents (including single pregnant women). (M) Long-term unemployed individuals. (N) Such other groups as the Governor involved determines to have barriers to employment. (25) Individual with a disability (A) In general The term individual with a disability means an individual with a disability as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (B) Individuals with disabilities The term individuals with disabilities means more than 1 individual with a disability. (26) Industry or sector partnership The term industry or sector partnership means a workforce collaborative, convened by or acting in partnership with a State board or local board, that— (A) organizes key stakeholders in an industry cluster into a working group that focuses on the shared goals and human resources needs of the industry cluster and that includes, at the appropriate stage of development of the partnership— (i) representatives of multiple businesses or other employers in the industry cluster, including small and medium-sized employers when practicable; (ii) 1 or more representatives of a recognized State labor organization or central labor council, or another labor representative, as appropriate; and (iii) 1 or more representatives of an institution of higher education with, or another provider of, education or training programs that support the industry cluster; and (B) may include representatives of— (i) State or local government; (ii) State or local economic development agencies; (iii) State boards or local boards, as appropriate; (iv) a State workforce agency or other entity providing employment services; (v) other State or local agencies; (vi) business or trade associations; (vii) economic development organizations; (viii) nonprofit organizations, community-based organizations, or intermediaries; (ix) philanthropic organizations; (x) industry associations; and (xi) other organizations, as determined to be necessary by the members comprising the industry or sector partnership. (27) In-school youth The term in-school youth means a youth described in section 129(a)(1)(C). (28) Institution of higher education The term institution of higher education has the meaning given the term in section 101, and subparagraphs (A) and (B) of section 102(a)(1), of the Higher Education Act of 1965 ( 20 U.S.C. 1001 , 1002(a)(1)). (29) Integrated education and training The term integrated education and training has the meaning given the term in section 203. (30) Labor market area The term labor market area means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence. Such an area shall be identified in accordance with criteria used by the Bureau of Labor Statistics of the Department of Labor in defining such areas or similar criteria established by a Governor. (31) Literacy The term literacy has the meaning given the term in section 203. (32) Local area The term local area means a local workforce investment area designated under section 106, subject to sections 106(c)(3)(A), 107(c)(4)(B)(i), and 189(i). (33) Local board The term local board means a local workforce development board established under section 107, subject to section 107(c)(4)(B)(i). (34) Local educational agency The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (35) Local plan The term local plan means a plan submitted under section 108, subject to section 106(c)(3)(B). (36) Low-income individual (A) In general The term low-income individual means an individual who— (i) receives, or in the past 6 months has received, or is a member of a family that is receiving or in the past 6 months has received, assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), the program of block grants to States for temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ), or the supplemental security income program established under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ), or State or local income-based public assistance; (ii) is in a family with total family income that does not exceed the higher of— (I) the poverty line; or (II) 70 percent of the lower living standard income level; (iii) is a homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6) )), or a homeless child or youth (as defined under section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) )); (iv) receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (v) is a foster child on behalf of whom State or local government payments are made; or (vi) is an individual with a disability whose own income meets the income requirement of clause (ii), but who is a member of a family whose income does not meet this requirement. (B) Lower living standard income level The term lower living standard income level means that income level (adjusted for regional, metropolitan, urban, and rural differences and family size) determined annually by the Secretary of Labor based on the most recent lower living family budget issued by the Secretary. (37) Nontraditional employment The term nontraditional employment refers to occupations or fields of work, for which individuals from the gender involved comprise less than 25 percent of the individuals employed in each such occupation or field of work. (38) Offender The term offender means an adult or juvenile— (A) who is or has been subject to any stage of the criminal justice process, and for whom services under this Act may be beneficial; or (B) who requires assistance in overcoming artificial barriers to employment resulting from a record of arrest or conviction. (39) Older individual The term older individual means an individual age 55 or older. (40) One-stop center The term one-stop center means a site described in section 121(e)(2). (41) One-stop operator The term one-stop operator means 1 or more entities designated or certified under section 121(d). (42) One-stop partner The term one-stop partner means— (A) an entity described in section 121(b)(1); and (B) an entity described in section 121(b)(2) that is participating, with the approval of the local board and chief elected official, in the operation of a one-stop delivery system. (43) One-stop partner program The term one-stop partner program means a program or activities described in section 121(b) of a one-stop partner. (44) On-the-job training The term on-the-job training means training by an employer that is provided to a paid participant while engaged in productive work in a job that— (A) provides knowledge or skills essential to the full and adequate performance of the job; (B) is made available through a program that provides reimbursement to the employer of up to 50 percent of the wage rate of the participant, except as provided in section 134(c)(3)(H), for the extraordinary costs of providing the training and additional supervision related to the training; and (C) is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate. (45) Outlying area The term outlying area means— (A) American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands; and (B) the Republic of Palau, except during any period for which the Secretary of Labor and the Secretary of Education determine that a Compact of Free Association is in effect and contains provisions for training and education assistance prohibiting the assistance provided under this Act. (46) Out-of-school youth The term out-of-school youth means a youth described in section 129(a)(1)(B). (47) Pay-for-performance contract strategy The term pay-for-performance contract strategy means a procurement strategy that uses pay-for-performance contracts in the provision of training services described in section 134(c)(3) or activities described in section 129(c)(2), and includes— (A) contracts, each of which shall specify a fixed amount that will be paid to an eligible service provider (which may include a local or national community-based organization or intermediary, community college, or other training provider, that is eligible under section 122 or 123, as appropriate) based on the achievement of specified levels of performance on the primary indicators of performance described in section 116(b)(2)(A) for target populations as identified by the local board (including individuals with barriers to employment), within a defined timetable, and which may provide for bonus payments to such service provider to expand capacity to provide effective training; (B) a strategy for independently validating the achievement of the performance described in subparagraph (A); and (C) a description of how the State or local area will reallocate funds not paid to a provider because the achievement of the performance described in subparagraph (A) did not occur, for further activities related to such a procurement strategy, subject to section 189(g)(4). (48) Planning region The term planning region means a region described in subparagraph (B) or (C) of section 106(a)(2), subject to section 107(c)(4)(B)(i). (49) Poverty line The term poverty line means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) applicable to a family of the size involved. (50) Public assistance The term public assistance means Federal, State, or local government cash payments for which eligibility is determined by a needs or income test. (51) Rapid response activity The term rapid response activity means an activity provided by a State, or by an entity designated by a State, with funds provided by the State under section 134(a)(1)(A), in the case of a permanent closure or mass layoff at a plant, facility, or enterprise, or a natural or other disaster, that results in mass job dislocation, in order to assist dislocated workers in obtaining reemployment as soon as possible, with services including— (A) the establishment of onsite contact with employers and employee representatives— (i) immediately after the State is notified of a current or projected permanent closure or mass layoff; or (ii) in the case of a disaster, immediately after the State is made aware of mass job dislocation as a result of such disaster; (B) the provision of information on and access to available employment and training activities; (C) assistance in establishing a labor-management committee, voluntarily agreed to by labor and management, with the ability to devise and implement a strategy for assessing the employment and training needs of dislocated workers and obtaining services to meet such needs; (D) the provision of emergency assistance adapted to the particular closure, layoff, or disaster; and (E) the provision of assistance to the local community in developing a coordinated response and in obtaining access to State economic development assistance. (52) Recognized postsecondary credential The term recognized postsecondary credential means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree. (53) Region The term region , used without further description, means a region identified under section 106(a), subject to section 107(c)(4)(B)(i) and except as provided in section 106(b)(1)(B)(ii). (54) School dropout The term school dropout means an individual who is no longer attending any school and who has not received a secondary school diploma or its recognized equivalent. (55) Secondary school The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (56) State The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (57) State board The term State board means a State workforce development board established under section 101. (58) State plan The term State plan , used without further description, means a unified State plan under section 102 or a combined State plan under section 103. (59) Supportive services The term supportive services means services such as transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this Act. (60) Training services The term training services means services described in section 134(c)(3). (61) Unemployed individual The term unemployed individual means an individual who is without a job and who wants and is available for work. The determination of whether an individual is without a job, for purposes of this paragraph, shall be made in accordance with the criteria used by the Bureau of Labor Statistics of the Department of Labor in defining individuals as unemployed. (62) Unit of general local government The term unit of general local government means any general purpose political subdivision of a State that has the power to levy taxes and spend funds, as well as general corporate and police powers. (63) Veteran; related definition (A) Veteran The term veteran has the meaning given the term in section 101 of title 38, United States Code. (B) Recently separated veteran The term recently separated veteran means any veteran who applies for participation under this Act within 48 months after the discharge or release from active military, naval, or air service. (64) Vocational rehabilitation program The term vocational rehabilitation program means a program authorized under a provision covered under paragraph (13)(D). (65) Workforce development activity The term workforce development activity means an activity carried out through a workforce development program. (66) Workforce development program The term workforce development program means a program made available through a workforce development system. (67) Workforce development system The term workforce development system means a system that makes available the core programs, the other one-stop partner programs, and any other programs providing employment and training services as identified by a State board or local board. (68) Workforce investment activity The term workforce investment activity means an employment and training activity, and a youth workforce investment activity. (69) Workforce preparation activities The term workforce preparation activities has the meaning given the term in section 203. (70) Workplace learning advisor The term workplace learning advisor means an individual employed by an organization who has the knowledge and skills necessary to advise other employees of that organization about the education, skill development, job training, career counseling services, and credentials, including services provided through the workforce development system, required to progress toward career goals of such employees in order to meet employer requirements related to job openings and career advancements that support economic self-sufficiency. (71) Youth workforce investment activity The term youth workforce investment activity means an activity described in section 129 that is carried out for eligible youth (or as described in section 129(a)(3)(A)). I Workforce development activities A System alignment 1 State provisions 101. State workforce development boards (a) In general The Governor of a State shall establish a State workforce development board to carry out the functions described in subsection (d). (b) Membership (1) In general The State board shall include— (A) the Governor; (B) a member of each chamber of the State legislature (to the extent consistent with State law), appointed by the appropriate presiding officers of such chamber; and (C) members appointed by the Governor, of which— (i) a majority shall be representatives of businesses in the State, who— (I) are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who, in addition, may be members of a local board described in section 107(b)(2)(A)(i); (II) represent businesses (including small businesses), or organizations representing businesses described in this subclause, that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the State; and (III) are appointed from among individuals nominated by State business organizations and business trade associations; (ii) not less than 20 percent shall be representatives of the workforce within the State, who— (I) shall include representatives of labor organizations, who have been nominated by State labor federations; (II) shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the State, such a representative of an apprenticeship program in the State; (III) may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive, integrated employment for individuals with disabilities; and (IV) may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth; and (iii) the balance— (I) shall include representatives of government, who— (aa) shall include the lead State officials with primary responsibility for the core programs; and (bb) shall include chief elected officials (collectively representing both cities and counties, where appropriate); and (II) may include such other representatives and officials as the Governor may designate, such as— (aa) the State agency officials from agencies that are one-stop partners not specified in subclause (I) (including additional one-stop partners whose programs are covered by the State plan, if any); (bb) State agency officials responsible for economic development or juvenile justice programs in the State; (cc) individuals who represent an Indian tribe or tribal organization, as such terms are defined in section 166(b); and (dd) State agency officials responsible for education programs in the State, including chief executive officers of community colleges and other institutions of higher education. (2) Diverse and distinct representation The members of the State board shall represent diverse geographic areas of the State, including urban, rural, and suburban areas. (3) No representation of multiple categories No person shall serve as a member for more than 1 of— (A) the category described in paragraph (1)(C)(i); or (B) 1 category described in a subclause of clause (ii) or (iii) of paragraph (1)(C). (c) Chairperson The Governor shall select a chairperson for the State board from among the representatives described in subsection (b)(1)(C)(i). (d) Functions The State board shall assist the Governor in— (1) the development, implementation, and modification of the State plan; (2) consistent with paragraph (1), the review of statewide policies, of statewide programs, and of recommendations on actions that should be taken by the State to align workforce development programs in the State in a manner that supports a comprehensive and streamlined workforce development system in the State, including the review and provision of comments on the State plans, if any, for programs and activities of one-stop partners that are not core programs; (3) the development and continuous improvement of the workforce development system in the State, including— (A) the identification of barriers and means for removing barriers to better coordinate, align, and avoid duplication among the programs and activities carried out through the system; (B) the development of strategies to support the use of career pathways for the purpose of providing individuals, including low-skilled adults, youth, and individuals with barriers to employment (including individuals with disabilities), with workforce investment activities, education, and supportive services to enter or retain employment; (C) the development of strategies for providing effective outreach to and improved access for individuals and employers who could benefit from services provided through the workforce development system; (D) the development and expansion of strategies for meeting the needs of employers, workers, and jobseekers, particularly through industry or sector partnerships related to in-demand industry sectors and occupations; (E) the identification of regions, including planning regions, for the purposes of section 106(a), and the designation of local areas under section 106, after consultation with local boards and chief elected officials; (F) the development and continuous improvement of the one-stop delivery system in local areas, including providing assistance to local boards, one-stop operators, one-stop partners, and providers with planning and delivering services, including training services and supportive services, to support effective delivery of services to workers, jobseekers, and employers; and (G) the development of strategies to support staff training and awareness across programs supported under the workforce development system; (4) the development and updating of comprehensive State performance accountability measures, including State adjusted levels of performance, to assess the effectiveness of the core programs in the State as required under section 116(b); (5) the identification and dissemination of information on best practices, including best practices for— (A) the effective operation of one-stop centers, relating to the use of business outreach, partnerships, and service delivery strategies, including strategies for serving individuals with barriers to employment; (B) the development of effective local boards, which may include information on factors that contribute to enabling local boards to exceed negotiated local levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness; and (C) effective training programs that respond to real-time labor market analysis, that effectively use direct assessment and prior learning assessment to measure an individual's prior knowledge, skills, competencies, and experiences, and that evaluate such skills, and competencies for adaptability, to support efficient placement into employment or career pathways; (6) the development and review of statewide policies affecting the coordinated provision of services through the State’s one-stop delivery system described in section 121(e), including the development of— (A) objective criteria and procedures for use by local boards in assessing the effectiveness and continuous improvement of one-stop centers described in such section; (B) guidance for the allocation of one-stop center infrastructure funds under section 121(h); and (C) policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including approaches to facilitating equitable and efficient cost allocation in such system; (7) the development of strategies for technological improvements to facilitate access to, and improve the quality of, services and activities provided through the one-stop delivery system, including such improvements to— (A) enhance digital literacy skills (as defined in section 202 of the Museum and Library Services Act ( 20 U.S.C. 9101 ); referred to in this Act as digital literacy skills ); (B) accelerate the acquisition of skills and recognized postsecondary credentials by participants; (C) strengthen the professional development of providers and workforce professionals; and (D) ensure such technology is accessible to individuals with disabilities and individuals residing in remote areas; (8) the development of strategies for aligning technology and data systems across one-stop partner programs to enhance service delivery and improve efficiencies in reporting on performance accountability measures (including the design and implementation of common intake, data collection, case management information, and performance accountability measurement and reporting processes and the incorporation of local input into such design and implementation, to improve coordination of services across one-stop partner programs); (9) the development of allocation formulas for the distribution of funds for employment and training activities for adults, and youth workforce investment activities, to local areas as permitted under sections 128(b)(3) and 133(b)(3); (10) the preparation of the annual reports described in paragraphs (1) and (2) of section 116(d); (11) the development of the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) ); and (12) the development of such other policies as may promote statewide objectives for, and enhance the performance of, the workforce development system in the State. (e) Alternative entity (1) In general For the purposes of complying with subsections (a), (b), and (c), a State may use any State entity (including a State council, State workforce development board (within the meaning of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act), combination of regional workforce development boards, or similar entity) that— (A) was in existence on the day before the date of enactment of the Workforce Investment Act of 1998; (B) is substantially similar to the State board described in subsections (a) through (c); and (C) includes representatives of business in the State and representatives of labor organizations in the State. (2) References A reference in this Act, or a core program provision that is not in this Act, to a State board shall be considered to include such an entity. (f) Conflict of interest A member of a State board may not— (1) vote on a matter under consideration by the State board— (A) regarding the provision of services by such member (or by an entity that such member represents); or (B) that would provide direct financial benefit to such member or the immediate family of such member; or (2) engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan. (g) Sunshine provision The State board shall make available to the public, on a regular basis through electronic means and open meetings, information regarding the activities of the State board, including information regarding the State plan, or a modification to the State plan, prior to submission of the plan or modification of the plan, respectively, information regarding membership, and, on request, minutes of formal meetings of the State board. (h) Authority To hire staff (1) In general The State board may hire a director and other staff to assist in carrying out the functions described in subsection (d) using funds available as described in section 129(b)(3) or 134(a)(3)(B)(i). (2) Qualifications The State board shall establish and apply a set of objective qualifications for the position of director, that ensures that the individual selected has the requisite knowledge, skills, and abilities, to meet identified benchmarks and to assist in effectively carrying out the functions of the State board. (3) Limitation on rate The director and staff described in paragraph (1) shall be subject to the limitations on the payment of salary and bonuses described in section 194(15). 102. Unified State plan (a) Plan For a State to be eligible to receive allotments for the core programs, the Governor shall submit to the Secretary of Labor for the approval process described under subsection (c)(2), a unified State plan. The unified State plan shall outline a 4-year strategy for the core programs of the State and meet the requirements of this section. (b) Contents (1) Strategic planning elements The unified State plan shall include strategic planning elements consisting of a strategic vision and goals for preparing an educated and skilled workforce, that include— (A) an analysis of the economic conditions in the State, including— (i) existing and emerging in-demand industry sectors and occupations; and (ii) the employment needs of employers, including a description of the knowledge, skills, and abilities, needed in those industries and occupations; (B) an analysis of the current workforce, employment and unemployment data, labor market trends, and the educational and skill levels of the workforce, including individuals with barriers to employment (including individuals with disabilities), in the State; (C) an analysis of the workforce development activities (including education and training) in the State, including an analysis of the strengths and weaknesses of such activities, and the capacity of State entities to provide such activities, in order to address the identified education and skill needs of the workforce and the employment needs of employers in the State; (D) a description of the State’s strategic vision and goals for preparing an educated and skilled workforce (including preparing youth and individuals with barriers to employment) and for meeting the skilled workforce needs of employers, including goals relating to performance accountability measures based on primary indicators of performance described in section 116(b)(2)(A), in order to support economic growth and economic self-sufficiency, and of how the State will assess the overall effectiveness of the workforce investment system in the State; and (E) taking into account analyses described in subparagraphs (A) through (C), a strategy for aligning the core programs, as well as other resources available to the State, to achieve the strategic vision and goals described in subparagraph (D). (2) Operational planning elements (A) In general The unified State plan shall include the operational planning elements contained in this paragraph, which shall support the strategy described in paragraph (1)(E), including a description of how the State board will implement the functions under section 101(d). (B) Implementation of state strategy The unified State plan shall describe how the lead State agency with responsibility for the administration of a core program will implement the strategy described in paragraph (1)(E), including a description of— (i) the activities that will be funded by the entities carrying out the respective core programs to implement the strategy and how such activities will be aligned across the programs and among the entities administering the programs, including using co-enrollment and other strategies; (ii) how the activities described in clause (i) will be aligned with activities provided under employment, training, education, including career and technical education, and human services programs not covered by the plan, as appropriate, assuring coordination of, and avoiding duplication among, the activities referred to in this clause; (iii) how the entities carrying out the respective core programs will coordinate activities and provide comprehensive, high-quality services including supportive services, to individuals; (iv) how the State’s strategy will engage the State’s community colleges and area career and technical education schools as partners in the workforce development system and enable the State to leverage other Federal, State, and local investments that have enhanced access to workforce development programs at those institutions; (v) how the activities described in clause (i) will be coordinated with economic development strategies and activities in the State; and (vi) how the State's strategy will improve access to activities leading to a recognized postsecondary credential (including a credential that is an industry-recognized certificate or certification, portable, and stackable). (C) State operating systems and policies The unified State plan shall describe the State operating systems and policies that will support the implementation of the strategy described in paragraph (1)(E), including a description of— (i) the State board, including the activities to assist members of the State board and the staff of such board in carrying out the functions of the State board effectively (but funds for such activities may not be used for long-distance travel expenses for training or development activities available locally or regionally); (ii) (I) how the respective core programs will be assessed each year, including an assessment of the quality, effectiveness, and improvement of programs (analyzed by local area, or by provider), based on State performance accountability measures described in section 116(b); and (II) how other one-stop partner programs will be assessed each year; (iii) the results of an assessment of the effectiveness of the core programs and other one-stop partner programs during the preceding 2-year period; (iv) the methods and factors the State will use in distributing funds under the core programs, in accordance with the provisions authorizing such distributions; (v) (I) how the lead State agencies with responsibility for the administration of the core programs will align and integrate available workforce and education data on core programs, unemployment insurance programs, and education through postsecondary education; (II) how such agencies will use the workforce development system to assess the progress of participants that are exiting from core programs in entering, persisting in, and completing postsecondary education, or entering or remaining in employment; and (III) the privacy safeguards incorporated in such system, including safeguards required by section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) and other applicable Federal laws; (vi) how the State will implement the priority of service provisions for veterans in accordance with the requirements of section 4215 of title 38, United States Code; (vii) how the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), regarding the physical and programmatic accessibility of facilities, programs, services, technology, and materials, for individuals with disabilities, including complying through providing staff training and support for addressing the needs of individuals with disabilities; and (viii) such other operational planning elements as the Secretary of Labor or the Secretary of Education, as appropriate, determines to be necessary for effective State operating systems and policies. (D) Program-specific requirements The unified State plan shall include— (i) with respect to activities carried out under subtitle B, a description of— (I) State policies or guidance, for the statewide workforce development system and for use of State funds for workforce investment activities; (II) the local areas designated in the State, including the process used for designating local areas, and the process used for identifying any planning regions under section 106(a), including a description of how the State consulted with the local boards and chief elected officials in determining the planning regions; (III) the appeals process referred to in section 106(b)(5), relating to designation of local areas; (IV) the appeals process referred to in section 121(h)(2)(E), relating to determinations for infrastructure funding; and (V) with respect to youth workforce investment activities authorized in section 129, information identifying the criteria to be used by local boards in awarding grants for youth workforce investment activities and describing how the local boards will take into consideration the ability of the providers to meet performance accountability measures based on primary indicators of performance for the youth program as described in section 116(b)(2)(A)(ii) in awarding such grants; (ii) with respect to activities carried out under title II, a description of— (I) how the eligible agency will, if applicable, align content standards for adult education with State-adopted challenging academic content standards, as adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) ); (II) how the State will fund local activities using considerations specified in section 231(e) for— (aa) activities under section 231(b); (bb) programs for corrections education under section 225; (cc) programs for integrated English literacy and civics education under section 243; and (dd) integrated education and training; (III) how the State will use the funds to carry out activities under section 223; (IV) how the State will use the funds to carry out activities under section 243; (V) how the eligible agency will assess the quality of providers of adult education and literacy activities under title II and take actions to improve such quality, including providing the activities described in section 223(a)(1)(B); (iii) with respect to programs carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741), the information described in section 101(a) of that Act ( 29 U.S.C. 721(a) ); and (iv) information on such additional specific requirements for a program referenced in any of clauses (i) through (iii) or the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) as the Secretary of Labor determines to be necessary to administer that program but cannot reasonably be applied across all such programs. (E) Assurances The unified State plan shall include assurances— (i) that the State has established a policy identifying circumstances that may present a conflict of interest for a State board or local board member, or the entity or class of officials that the member represents, and procedures to resolve such conflicts; (ii) that the State has established a policy to provide to the public (including individuals with disabilities) access to meetings of State boards and local boards, and information regarding activities of State boards and local boards, such as data on board membership and minutes; (iii) (I) that the lead State agencies with responsibility for the administration of core programs reviewed and commented on the appropriate operational planning elements of the unified State plan, and approved the elements as serving the needs of the populations served by such programs; and (II) that the State obtained input into the development of the unified State plan and provided an opportunity for comment on the plan by representatives of local boards and chief elected officials, businesses, labor organizations, institutions of higher education, other primary stakeholders, and the general public and that the unified State plan is available and accessible to the general public; (iv) that the State has established, in accordance with section 116(i), fiscal control and fund accounting procedures that may be necessary to ensure the proper disbursement of, and accounting for, funds paid to the State through allotments made for adult, dislocated worker, and youth programs to carry out workforce investment activities under chapters 2 and 3 of subtitle B; (v) that the State has taken appropriate action to secure compliance with uniform administrative requirements in this Act, including that the State will annually monitor local areas to ensure compliance and otherwise take appropriate action to secure compliance with the uniform administrative requirements under section 184(a)(3); (vi) that the State has taken the appropriate action to be in compliance with section 188, if applicable; (vii) that the Federal funds received to carry out a core program will not be expended for any purpose other than for activities authorized with respect to such funds under that core program; (viii) that the eligible agency under title II will— (I) expend the funds appropriated to carry out that title only in a manner consistent with fiscal requirements under section 241(a) (regarding supplement and not supplant provisions); and (II) ensure that there is at least 1 eligible provider serving each local area; (ix) that the State will pay an appropriate share (as defined by the State board) of the costs of carrying out section 116, from funds made available through each of the core programs; and (x) regarding such other matters as the Secretary of Labor or the Secretary of Education, as appropriate, determines to be necessary for the administration of the core programs. (3) Existing analysis As appropriate, a State may use an existing analysis in order to carry out the requirements of paragraph (1) concerning an analysis. (c) Plan submission and approval (1) Submission (A) Initial plan The initial unified State plan under this section (after the date of enactment of the Workforce Innovation and Opportunity Act) shall be submitted to the Secretary of Labor not later than 120 days prior to the commencement of the second full program year after the date of enactment of this Act. (B) Subsequent plans Except as provided in subparagraph (A), a unified State plan shall be submitted to the Secretary of Labor not later than 120 days prior to the end of the 4-year period covered by the preceding unified State plan. (2) Submission and approval (A) Submission In approving a unified State plan under this section, the Secretary shall submit the portion of the unified State plan covering a program or activity to the head of the Federal agency that administers the program or activity for the approval of such portion by such head. (B) Approval A unified State plan shall be subject to the approval of both the Secretary of Labor and the Secretary of Education, after approval of the Commissioner of the Rehabilitation Services Administration for the portion of the plan described in subsection (b)(2)(D)(iii). The plan shall be considered to be approved at the end of the 90-day period beginning on the day the plan is submitted, unless the Secretary of Labor or the Secretary of Education makes a written determination, during the 90-day period, that the plan is inconsistent with the provisions of this section or the provisions authorizing the core programs, as appropriate. (3) Modifications (A) Modifications At the end of the first 2-year period of any 4-year unified State plan, the State board shall review the unified State plan, and the Governor shall submit modifications to the plan to reflect changes in labor market and economic conditions or in other factors affecting the implementation of the unified State plan. (B) Approval A modified unified State plan submitted for the review required under subparagraph (A) shall be subject to the approval requirements described in paragraph (2). A Governor may submit a modified unified State plan at such other times as the Governor determines to be appropriate, and such modified unified State plan shall also be subject to the approval requirements described in paragraph (2). (4) Early implementers The Secretary of Labor, in conjunction with the Secretary of Education, shall establish a process for approving and may approve unified State plans that meet the requirements of this section and are submitted to cover periods commencing prior to the second full program year described in paragraph (1)(A). 103. Combined State plan (a) In general (1) Authority To submit plan A State may develop and submit to the appropriate Secretaries a combined State plan for the core programs and 1 or more of the programs and activities described in paragraph (2) in lieu of submitting 2 or more plans, for the programs and activities and the core programs. (2) Programs The programs and activities referred to in paragraph (1) are as follows: (A) Career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ). (B) Programs authorized under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). (C) Programs authorized under section 6(d)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4) ). (D) Work programs authorized under section 6(o) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(o) ). (E) Activities authorized under chapter 2 of title II of the Trade Act of 1974 ( 19 U.S.C. 2271 et seq. ). (F) Activities authorized under chapter 41 of title 38, United States Code. (G) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law). (H) Programs authorized under title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ). (I) Employment and training activities carried out by the Department of Housing and Urban Development. (J) Employment and training activities carried out under the Community Services Block Grant Act ( 42 U.S.C. 9901 et seq. ). (K) Programs authorized under section 212 of the Second Chance Act of 2007 ( 42 U.S.C. 17532 ). (b) Requirements (1) In general The portion of a combined plan covering the core programs shall be subject to the requirements of section 102 (including section 102(c)(3)). The portion of such plan covering a program or activity described in subsection (a)(2) shall be subject to the requirements, if any, applicable to a plan or application for assistance for that program or activity, under the Federal law authorizing the program or activity. At the election of the State, section 102(c)(3) may apply to that portion. (2) Additional submission not required A State that submits a combined plan that is approved under subsection (c) shall not be required to submit any other plan or application in order to receive Federal funds to carry out the core programs or the program or activities described in subsection (a)(2) that are covered by the combined plan. (3) Coordination A combined plan shall include— (A) a description of the methods used for joint planning and coordination of the core programs and the other programs and activities covered by the combined plan; and (B) an assurance that the methods included an opportunity for the entities responsible for planning or administering the core programs and the other programs and activities to review and comment on all portions of the combined plan. (c) Approval by the appropriate secretaries (1) Jurisdiction The appropriate Secretary shall have the authority to approve the corresponding portion of a combined plan as described in subsection (d). On the approval of the appropriate Secretary, that portion of the combined plan, covering a program or activity, shall be implemented by the State pursuant to that portion of the combined plan, and the Federal law authorizing the program or activity. (2) Approval of core programs No portion of the plan relating to a core program shall be implemented until the appropriate Secretary approves the corresponding portions of the plan for all core programs. (3) Timing of approval (A) In general Except as provided in subparagraphs (B) and (C), a portion of the combined State plan covering the core programs or a program or activity described in subsection (a)(2) shall be considered to be approved by the appropriate Secretary at the end of the 90-day period beginning on the day the plan is submitted. (B) Plan approved by 3 or more appropriate Secretaries If an appropriate Secretary other than the Secretary of Labor or the Secretary of Education has authority to approve a portion of a combined plan, that portion of the combined plan shall be considered to be approved by the appropriate Secretary at the end of the 120-day period beginning on the day the plan is submitted. (C) Disapproval The portion shall not be considered to be approved if the appropriate Secretary makes a written determination, during the 90-day period (or the 120-day period, for an appropriate Secretary covered by subparagraph (B)), that the portion is not consistent with the requirements of the Federal law authorizing or applicable to the program or activity involved, including the criteria for approval of a plan or application, if any, under such law, or the plan is not consistent with the requirements of this section. (4) Special rule In paragraph (3), the term criteria for approval of a plan or application , with respect to a State and a core program or a program under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), includes a requirement for agreement between the State and the appropriate Secretaries regarding State performance measures or State performance accountability measures, as the case may be, including levels of performance. (d) Appropriate secretary In this section, the term appropriate Secretary means— (1) with respect to the portion of a combined plan relating to any of the core programs (including a description, and an assurance concerning that program, specified in subsection (b)(3)), the Secretary of Labor and the Secretary of Education; and (2) with respect to the portion of a combined plan relating to a program or activity described in subsection (a)(2) (including a description, and an assurance concerning that program or activity, specified in subsection (b)(3)), the head of the Federal agency who exercises plan or application approval authority for the program or activity under the Federal law authorizing the program or activity, or, if there are no planning or application requirements for such program or activity, exercises administrative authority over the program or activity under that Federal law. 2 Local provisions 106. Workforce development areas (a) Regions (1) Identification Before the second full program year after the date of enactment of this Act, in order for a State to receive an allotment under section 127(b) or 132(b) and as part of the process for developing the State plan, a State shall identify regions in the State after consultation with the local boards and chief elected officials in the local areas and consistent with the considerations described in subsection (b)(1)(B). (2) Types of regions For purposes of this Act, the State shall identify— (A) which regions are comprised of 1 local area that is aligned with the region; (B) which regions are comprised of 2 or more local areas that are (collectively) aligned with the region (referred to as planning regions, consistent with section 3); and (C) which, of the regions described in subparagraph (B), are interstate areas contained within 2 or more States, and consist of labor market areas, economic development areas, or other appropriate contiguous subareas of those States. (b) Local areas (1) In general (A) Process Except as provided in subsection (d), and consistent with paragraphs (2) and (3), in order for a State to receive an allotment under section 127(b) or 132(b), the Governor of the State shall designate local workforce development areas within the State— (i) through consultation with the State board; and (ii) after consultation with chief elected officials and local boards, and after consideration of comments received through the public comment process as described in section 102(b)(2)(E)(iii)(II). (B) Considerations The Governor shall designate local areas (except for those local areas described in paragraphs (2) and (3)) based on considerations consisting of the extent to which the areas— (i) are consistent with labor market areas in the State; (ii) are consistent with regional economic development areas in the State; and (iii) have available the Federal and non-Federal resources necessary to effectively administer activities under subtitle B and other applicable provisions of this Act, including whether the areas have the appropriate education and training providers, such as institutions of higher education and area career and technical education schools. (2) Initial designation During the first 2 full program years following the date of enactment of this Act, the Governor shall approve a request for initial designation as a local area from any area that was designated as a local area for purposes of the Workforce Investment Act of 1998 for the 2-year period preceding the date of enactment of this Act, performed successfully, and sustained fiscal integrity. (3) Subsequent designation After the period for which a local area is initially designated under paragraph (2), the Governor shall approve a request for subsequent designation as a local area from such local area, if such area— (A) performed successfully; (B) sustained fiscal integrity; and (C) in the case of a local area in a planning region, met the requirements described in subsection (c)(1). (4) Designation on recommendation of State board The Governor may approve a request from any unit of general local government (including a combination of such units) for designation of an area as a local area if the State board determines, based on the considerations described in paragraph (1)(B), and recommends to the Governor, that such area should be so designated. (5) Appeals A unit of general local government (including a combination of such units) or grant recipient that requests but is not granted designation of an area as a local area under paragraph (2) or (3) may submit an appeal to the State board under an appeal process established in the State plan. If the appeal does not result in such a designation, the Secretary of Labor, after receiving a request for review from the unit or grant recipient and on determining that the unit or grant recipient was not accorded procedural rights under the appeals process described in the State plan, as specified in section 102(b)(2)(D)(i)(III), or that the area meets the requirements of paragraph (2) or (3), may require that the area be designated as a local area under such paragraph. (6) Redesignation assistance On the request of all of the local areas in a planning region, the State shall provide funding from funds made available under sections 128(a) and 133(a)(1) to assist the local areas in carrying out activities to facilitate the redesignation of the local areas to a single local area. (c) Regional coordination (1) Regional planning The local boards and chief elected officials in each planning region described in subparagraph (B) or (C) of subsection (a)(2) shall engage in a regional planning process that results in— (A) the preparation of a regional plan, as described in paragraph (2); (B) the establishment of regional service strategies, including use of cooperative service delivery agreements; (C) the development and implementation of sector initiatives for in-demand industry sectors or occupations for the region; (D) the collection and analysis of regional labor market data (in conjunction with the State); (E) the establishment of administrative cost arrangements, including the pooling of funds for administrative costs, as appropriate, for the region; (F) the coordination of transportation and other supportive services, as appropriate, for the region; (G) the coordination of services with regional economic development services and providers; and (H) the establishment of an agreement concerning how the planning region will collectively negotiate and reach agreement with Governor on local levels of performance for, and report on, the performance accountability measures described in section 116(c), for local areas or the planning region. (2) Regional plans The State, after consultation with local boards and chief elected officials for the planning regions, shall require the local boards and chief elected officials within a planning region to prepare, submit, and obtain approval of a single regional plan that includes a description of the activities described in paragraph (1) and that incorporates local plans for each of the local areas in the planning region. The State shall provide technical assistance and labor market data, as requested by local areas, to assist with such regional planning and subsequent service delivery efforts. (3) References In this Act, and the core program provisions that are not in this Act: (A) Local area Except as provided in section 101(d)(9), this section, paragraph (1)(B) or (4) of section 107(c), or section 107(d)(12)(B), or in any text that provides an accompanying provision specifically for a planning region, the term local area in a provision includes a reference to a planning region for purposes of implementation of that provision by the corresponding local areas in the region. (B) Local plan Except as provided in this subsection, the term local plan includes a reference to the portion of a regional plan developed with respect to the corresponding local area within the region, and any regionwide provision of that plan that impacts or relates to the local area. (d) Single state local areas (1) Continuation of previous designation The Governor of any State that was a single State local area for purposes of title I of the Workforce Investment Act of 1998, as in effect on July 1, 2013, may designate the State as a single State local area for purposes of this title. In the case of such designation, the Governor shall identify the State as a local area in the State plan. (2) Effect on local plan and local functions In any case in which a State is designated as a local area pursuant to this subsection, the local plan prepared under section 108 for the area shall be submitted for approval as part of the State plan. In such a State, the State board shall carry out the functions of a local board, as specified in this Act or the provisions authorizing a core program, but the State shall not be required to meet and report on a set of local performance accountability measures. (e) Definitions For purposes of this section: (1) Performed successfully The term performed successfully , used with respect to a local area, means the local area met or exceeded the adjusted levels of performance for primary indicators of performance described in section 116(b)(2)(A) (or, if applicable, core indicators of performance described in section 136(b)(2)(A) of the Workforce Investment Act of 1998, as in effect the day before the date of enactment of this Act) for each of the last 2 consecutive years for which data are available preceding the determination of performance under this paragraph. (2) Sustained fiscal integrity The term sustained fiscal integrity , used with respect to a local area, means that the Secretary has not made a formal determination, during either of the last 2 consecutive years preceding the determination regarding such integrity, that either the grant recipient or the administrative entity of the area misexpended funds provided under subtitle B (or, if applicable, title I of the Workforce Investment Act of 1998 as in effect prior to the effective date of such subtitle B) due to willful disregard of the requirements of the provision involved, gross negligence, or failure to comply with accepted standards of administration. 107. Local workforce development boards (a) Establishment Except as provided in subsection (c)(2)(A), there shall be established, and certified by the Governor of the State, a local workforce development board in each local area of a State to carry out the functions described in subsection (d) (and any functions specified for the local board under this Act or the provisions establishing a core program) for such area. (b) Membership (1) State criteria The Governor, in partnership with the State board, shall establish criteria for use by chief elected officials in the local areas for appointment of members of the local boards in such local areas in accordance with the requirements of paragraph (2). (2) Composition Such criteria shall require that, at a minimum— (A) a majority of the members of each local board shall be representatives of business in the local area, who— (i) are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority; (ii) represent businesses, including small businesses, or organizations representing businesses described in this clause, that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the local area; and (iii) are appointed from among individuals nominated by local business organizations and business trade associations; (B) not less than 20 percent of the members of each local board shall be representatives of the workforce within the local area, who— (i) shall include representatives of labor organizations (for a local area in which employees are represented by labor organizations), who have been nominated by local labor federations, or (for a local area in which no employees are represented by such organizations) other representatives of employees; (ii) shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the area, such a representative of an apprenticeship program in the area, if such a program exists; (iii) may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities; and (iv) may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth; (C) each local board shall include representatives of entities administering education and training activities in the local area, who— (i) shall include a representative of eligible providers administering adult education and literacy activities under title II; (ii) shall include a representative of institutions of higher education providing workforce investment activities (including community colleges); (iii) may include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment; (D) each local board shall include representatives of governmental and economic and community development entities serving the local area, who— (i) shall include a representative of economic and community development entities; (ii) shall include an appropriate representative from the State employment service office under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) serving the local area; (iii) shall include an appropriate representative of the programs carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741), serving the local area; (iv) may include representatives of agencies or entities administering programs serving the local area relating to transportation, housing, and public assistance; and (v) may include representatives of philanthropic organizations serving the local area; and (E) each local board may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate. (3) Chairperson The members of the local board shall elect a chairperson for the local board from among the representatives described in paragraph (2)(A). (4) Standing committees (A) In general The local board may designate and direct the activities of standing committees to provide information and to assist the local board in carrying out activities under this section. Such standing committees shall be chaired by a member of the local board, may include other members of the local board, and shall include other individuals appointed by the local board who are not members of the local board and who the local board determines have appropriate experience and expertise. At a minimum, the local board may designate each of the following: (i) A standing committee to provide information and assist with operational and other issues relating to the one-stop delivery system, which may include as members representatives of the one-stop partners. (ii) A standing committee to provide information and to assist with planning, operational, and other issues relating to the provision of services to youth, which shall include community-based organizations with a demonstrated record of success in serving eligible youth. (iii) A standing committee to provide information and to assist with operational and other issues relating to the provision of services to individuals with disabilities, including issues relating to compliance with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) regarding providing programmatic and physical access to the services, programs, and activities of the one-stop delivery system, as well as appropriate training for staff on providing supports for or accommodations to, and finding employment opportunities for, individuals with disabilities. (B) Additional committees The local board may designate standing committees in addition to the standing committees specified in subparagraph (A). (C) Designation of entity Nothing in this paragraph shall be construed to prohibit the designation of an existing (as of the date of enactment of this Act) entity, such as an effective youth council, to fulfill the requirements of this paragraph as long as the entity meets the requirements of this paragraph. (5) Authority of board members Members of the board that represent organizations, agencies, or other entities shall be individuals with optimum policymaking authority within the organizations, agencies, or entities. The members of the board shall represent diverse geographic areas within the local area. (6) Special rule If there are multiple eligible providers serving the local area by administering adult education and literacy activities under title II, or multiple institutions of higher education serving the local area by providing workforce investment activities, each representative on the local board described in clause (i) or (ii) of paragraph (2)(C), respectively, shall be appointed from among individuals nominated by local providers representing such providers or institutions, respectively. (c) Appointment and certification of board (1) Appointment of board members and assignment of responsibilities (A) In general The chief elected official in a local area is authorized to appoint the members of the local board for such area, in accordance with the State criteria established under subsection (b). (B) Multiple units of local government in area (i) In general In a case in which a local area includes more than 1 unit of general local government, the chief elected officials of such units may execute an agreement that specifies the respective roles of the individual chief elected officials— (I) in the appointment of the members of the local board from the individuals nominated or recommended to be such members in accordance with the criteria established under subsection (b); and (II) in carrying out any other responsibilities assigned to such officials under this title. (ii) Lack of agreement If, after a reasonable effort, the chief elected officials are unable to reach agreement as provided under clause (i), the Governor may appoint the members of the local board from individuals so nominated or recommended. (C) Concentrated employment programs In the case of an area that was designated as a local area in accordance with section 116(a)(2)(B) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), and that remains a local area on that date, the governing body of the concentrated employment program involved shall act in consultation with the chief elected official in the local area to appoint members of the local board, in accordance with the State criteria established under subsection (b), and to carry out any other responsibility relating to workforce investment activities assigned to such official under this Act. (2) Certification (A) In general The Governor shall, once every 2 years, certify 1 local board for each local area in the State. (B) Criteria Such certification shall be based on criteria established under subsection (b), and for a second or subsequent certification, the extent to which the local board has ensured that workforce investment activities carried out in the local area have enabled the local area to meet the corresponding performance accountability measures and achieve sustained fiscal integrity, as defined in section 106(e)(2). (C) Failure to achieve certification Failure of a local board to achieve certification shall result in appointment and certification of a new local board for the local area pursuant to the process described in paragraph (1) and this paragraph. (3) Decertification (A) Fraud, abuse, failure to carry out functions Notwithstanding paragraph (2), the Governor shall have the authority to decertify a local board at any time after providing notice and an opportunity for comment, for— (i) fraud or abuse; or (ii) failure to carry out the functions specified for the local board in subsection (d). (B) Nonperformance Notwithstanding paragraph (2), the Governor may decertify a local board if a local area fails to meet the local performance accountability measures for such local area in accordance with section 116(c) for 2 consecutive program years. (C) Reorganization plan If the Governor decertifies a local board for a local area under subparagraph (A) or (B), the Governor may require that a new local board be appointed and certified for the local area pursuant to a reorganization plan developed by the Governor, in consultation with the chief elected official in the local area and in accordance with the criteria established under subsection (b). (4) Single state local area (A) State board Notwithstanding subsection (b) and paragraphs (1) and (2), if a State described in section 106(d) indicates in the State plan that the State will be treated as a single State local area, for purposes of the application of this Act or the provisions authorizing a core program, the State board shall carry out any of the functions of a local board under this Act or the provisions authorizing a core program, including the functions described in subsection (d). (B) References (i) In general Except as provided in clauses (ii) and (iii), with respect to such a State, a reference in this Act or a core program provision to a local board shall be considered to be a reference to the State board, and a reference in the Act or provision to a local area or region shall be considered to be a reference to the State. (ii) Plans The State board shall prepare a local plan under section 108 for the State, and submit the plan for approval as part of the State plan. (iii) Performance accountability measures The State shall not be required to meet and report on a set of local performance accountability measures. (d) Functions of local board Consistent with section 108, the functions of the local board shall include the following: (1) Local plan The local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor that meets the requirements in section 108. If the local area is part of a planning region that includes other local areas, the local board shall collaborate with the other local boards and chief elected officials from such other local areas in the preparation and submission of a regional plan as described in section 106(c)(2). (2) Workforce research and regional labor market analysis In order to assist in the development and implementation of the local plan, the local board shall— (A) carry out analyses of the economic conditions in the region, the needed knowledge and skills for the region, the workforce in the region, and workforce development activities (including education and training) in the region described in section 108(b)(1)(D), and regularly update such information; (B) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) ), specifically in the collection, analysis, and utilization of workforce and labor market information for the region; and (C) conduct such other research, data collection, and analysis related to the workforce needs of the regional economy as the board, after receiving input from a wide array of stakeholders, determines to be necessary to carry out its functions. (3) Convening, brokering, leveraging The local board shall convene local workforce development system stakeholders to assist in the development of the local plan under section 108 and in identifying non-Federal expertise and resources to leverage support for workforce development activities. The local board, including standing committees, may engage such stakeholders in carrying out the functions described in this subsection. (4) Employer engagement The local board shall lead efforts to engage with a diverse range of employers and with entities in the region involved— (A) to promote business representation (particularly representatives with optimal policymaking or hiring authority from employers whose employment opportunities reflect existing and emerging employment opportunities in the region) on the local board; (B) to develop effective linkages (including the use of intermediaries) with employers in the region to support employer utilization of the local workforce development system and to support local workforce investment activities; (C) to ensure that workforce investment activities meet the needs of employers and support economic growth in the region, by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers; and (D) to develop and implement proven or promising strategies for meeting the employment and skill needs of workers and employers (such as the establishment of industry and sector partnerships), that provide the skilled workforce needed by employers in the region, and that expand employment and career advancement opportunities for workforce development system participants in in-demand industry sectors or occupations. (5) Career pathways development The local board, with representatives of secondary and postsecondary education programs, shall lead efforts in the local area to develop and implement career pathways within the local area by aligning the employment, training, education, and supportive services that are needed by adults and youth, particularly individuals with barriers to employment. (6) Proven and promising practices The local board shall lead efforts in the local area to— (A) identify and promote proven and promising strategies and initiatives for meeting the needs of employers, and workers and jobseekers (including individuals with barriers to employment) in the local workforce development system, including providing physical and programmatic accessibility, in accordance with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), to the one-stop delivery system; and (B) identify and disseminate information on proven and promising practices carried out in other local areas for meeting such needs. (7) Technology The local board shall develop strategies for using technology to maximize the accessibility and effectiveness of the local workforce development system for employers, and workers and jobseekers, by— (A) facilitating connections among the intake and case management information systems of the one-stop partner programs to support a comprehensive workforce development system in the local area; (B) facilitating access to services provided through the one-stop delivery system involved, including facilitating the access in remote areas; (C) identifying strategies for better meeting the needs of individuals with barriers to employment, including strategies that augment traditional service delivery, and increase access to services and programs of the one-stop delivery system, such as improving digital literacy skills; and (D) leveraging resources and capacity within the local workforce development system, including resources and capacity for services for individuals with barriers to employment. (8) Program oversight The local board, in partnership with the chief elected official for the local area, shall— (A) (i) conduct oversight for local youth workforce investment activities authorized under section 129(c), local employment and training activities authorized under subsections (c) and (d) of section 134, and the one-stop delivery system in the local area; and (ii) ensure the appropriate use and management of the funds provided under subtitle B for the activities and system described in clause (i); and (B) for workforce development activities, ensure the appropriate use, management, and investment of funds to maximize performance outcomes under section 116. (9) Negotiation of local performance accountability measures The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance accountability measures as described in section 116(c). (10) Selection of operators and providers (A) Selection of one-stop operators Consistent with section 121(d), the local board, with the agreement of the chief elected official for the local area— (i) shall designate or certify one-stop operators as described in section 121(d)(2)(A); and (ii) may terminate for cause the eligibility of such operators. (B) Selection of youth providers Consistent with section 123, the local board— (i) shall identify eligible providers of youth workforce investment activities in the local area by awarding grants or contracts on a competitive basis (except as provided in section 123(b)), based on the recommendations of the youth standing committee, if such a committee is established for the local area under subsection (b)(4); and (ii) may terminate for cause the eligibility of such providers. (C) Identification of eligible providers of training services Consistent with section 122, the local board shall identify eligible providers of training services in the local area. (D) Identification of eligible providers of career services If the one-stop operator does not provide career services described in section 134(c)(2) in a local area, the local board shall identify eligible providers of those career services in the local area by awarding contracts. (E) Consumer choice requirements Consistent with section 122 and paragraphs (2) and (3) of section 134(c), the local board shall work with the State to ensure there are sufficient numbers and types of providers of career services and training services (including eligible providers with expertise in assisting individuals with disabilities and eligible providers with expertise in assisting adults in need of adult education and literacy activities) serving the local area and providing the services involved in a manner that maximizes consumer choice, as well as providing opportunities that lead to competitive integrated employment for individuals with disabilities. (11) Coordination with education providers (A) In general The local board shall coordinate activities with education and training providers in the local area, including providers of workforce investment activities, providers of adult education and literacy activities under title II, providers of career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) and local agencies administering plans under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741). (B) Applications and agreements The coordination described in subparagraph (A) shall include— (i) consistent with section 232— (I) reviewing the applications to provide adult education and literacy activities under title II for the local area, submitted under such section to the eligible agency by eligible providers, to determine whether such applications are consistent with the local plan; and (II) making recommendations to the eligible agency to promote alignment with such plan; and (ii) replicating cooperative agreements in accordance with subparagraph (B) of section 101(a)(11) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a)(11) ), and implementing cooperative agreements in accordance with that section with the local agencies administering plans under title I of that Act ( 29 U.S.C. 720 et seq. ) (other than section 112 or part C of that title ( 29 U.S.C. 732 , 741) and subject to section 121(f)), with respect to efforts that will enhance the provision of services to individuals with disabilities and other individuals, such as cross training of staff, technical assistance, use and sharing of information, cooperative efforts with employers, and other efforts at cooperation, collaboration, and coordination. (C) Cooperative agreement In this paragraph, the term cooperative agreement means an agreement entered into by a State designated agency or State designated unit under subparagraph (A) of section 101(a)(11) of the Rehabilitation Act of 1973. (12) Budget and administration (A) Budget The local board shall develop a budget for the activities of the local board in the local area, consistent with the local plan and the duties of the local board under this section, subject to the approval of the chief elected official. (B) Administration (i) Grant recipient (I) In general The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under sections 128 and 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability. (II) Designation In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I). (III) Disbursal The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board. (ii) Grants and donations The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act. (iii) Tax-exempt status For purposes of carrying out duties under this Act, local boards may incorporate, and may operate as entities described in section 501(c)(3) of the Internal Revenue Code of 1986 that are exempt from taxation under section 501(a) of such Code. (13) Accessibility for individuals with disabilities The local board shall annually assess the physical and programmatic accessibility, in accordance with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), of all one-stop centers in the local area. (e) Sunshine provision The local board shall make available to the public, on a regular basis through electronic means and open meetings, information regarding the activities of the local board, including information regarding the local plan prior to submission of the plan, and regarding membership, the designation and certification of one-stop operators, and the award of grants or contracts to eligible providers of youth workforce investment activities, and on request, minutes of formal meetings of the local board. (f) Staff (1) In general The local board may hire a director and other staff to assist in carrying out the functions described in subsection (d) using funds available under sections 128(b) and 133(b) as described in section 128(b)(4). (2) Qualifications The local board shall establish and apply a set of objective qualifications for the position of director, that ensures that the individual selected has the requisite knowledge, skills, and abilities, to meet identified benchmarks and to assist in effectively carrying out the functions of the local board. (3) Limitation on rate The director and staff described in paragraph (1) shall be subject to the limitations on the payment of salaries and bonuses described in section 194(15). (g) Limitations (1) Training services (A) In general Except as provided in subparagraph (B), no local board may provide training services. (B) Waivers of training prohibition The Governor of the State in which a local board is located may, pursuant to a request from the local board, grant a written waiver of the prohibition set forth in subparagraph (A) (relating to the provision of training services) for a program of training services, if the local board— (i) submits to the Governor a proposed request for the waiver that includes— (I) satisfactory evidence that there is an insufficient number of eligible providers of such a program of training services to meet local demand in the local area; (II) information demonstrating that the board meets the requirements for an eligible provider of training services under section 122; and (III) information demonstrating that the program of training services prepares participants for an in-demand industry sector or occupation in the local area; (ii) makes the proposed request available to eligible providers of training services and other interested members of the public for a public comment period of not less than 30 days; and (iii) includes, in the final request for the waiver, the evidence and information described in clause (i) and the comments received pursuant to clause (ii). (C) Duration A waiver granted to a local board under subparagraph (B) shall apply for a period that shall not exceed the duration of the local plan. The waiver may be renewed for additional periods under subsequent local plans, not to exceed the durations of such subsequent plans, pursuant to requests from the local board, if the board meets the requirements of subparagraph (B) in making the requests. (D) Revocation The Governor shall have the authority to revoke the waiver during the appropriate period described in subparagraph (C) if the Governor determines the waiver is no longer needed or that the local board involved has engaged in a pattern of inappropriate referrals to training services operated by the local board. (2) Career services; designation or certification as one-stop operators A local board may provide career services described in section 134(c)(2) through a one-stop delivery system or be designated or certified as a one-stop operator only with the agreement of the chief elected official in the local area and the Governor. (3) Limitation on authority Nothing in this Act shall be construed to provide a local board with the authority to mandate curricula for schools. (h) Conflict of interest A member of a local board, or a member of a standing committee, may not— (1) vote on a matter under consideration by the local board— (A) regarding the provision of services by such member (or by an entity that such member represents); or (B) that would provide direct financial benefit to such member or the immediate family of such member; or (2) engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan. (i) Alternative entity (1) In general For purposes of complying with subsections (a), (b), and (c), a State may use any local entity (including a local council, regional workforce development board, or similar entity) that— (A) is established to serve the local area (or the service delivery area that most closely corresponds to the local area); (B) was in existence on the day before the date of enactment of this Act, pursuant to State law; and (C) includes— (i) representatives of business in the local area; and (ii) (I) representatives of labor organizations (for a local area in which employees are represented by labor organizations), nominated by local labor federations; or (II) other representatives of employees in the local area (for a local area in which no employees are represented by such organizations). (2) References A reference in this Act or a core program provision to a local board, shall include a reference to such an entity. 108. Local plan (a) In general Each local board shall develop and submit to the Governor a comprehensive 4-year local plan, in partnership with the chief elected official. The local plan shall support the strategy described in the State plan in accordance with section 102(b)(1)(E), and otherwise be consistent with the State plan. If the local area is part of a planning region, the local board shall comply with section 106(c) in the preparation and submission of a regional plan. At the end of the first 2-year period of the 4-year local plan, each local board shall review the local plan and the local board, in partnership with the chief elected official, shall prepare and submit modifications to the local plan to reflect changes in labor market and economic conditions or in other factors affecting the implementation of the local plan. (b) Contents The local plan shall include— (1) a description of the strategic planning elements consisting of— (A) an analysis of the regional economic conditions including— (i) existing and emerging in-demand industry sectors and occupations; and (ii) the employment needs of employers in those industry sectors and occupations; (B) an analysis of the knowledge and skills needed to meet the employment needs of the employers in the region, including employment needs in in-demand industry sectors and occupations; (C) an analysis of the workforce in the region, including current labor force employment (and unemployment) data, and information on labor market trends, and the educational and skill levels of the workforce in the region, including individuals with barriers to employment; (D) an analysis of the workforce development activities (including education and training) in the region, including an analysis of the strengths and weaknesses of such services, and the capacity to provide such services, to address the identified education and skill needs of the workforce and the employment needs of employers in the region; (E) a description of the local board’s strategic vision and goals for preparing an educated and skilled workforce (including youth and individuals with barriers to employment), including goals relating to the performance accountability measures based on primary indicators of performance described in section 116(b)(2)(A) in order to support regional economic growth and economic self-sufficiency; and (F) taking into account analyses described in subparagraphs (A) through (D), a strategy to work with the entities that carry out the core programs to align resources available to the local area, to achieve the strategic vision and goals described in subparagraph (E); (2) a description of the workforce development system in the local area that identifies the programs that are included in that system and how the local board will work with the entities carrying out core programs and other workforce development programs to support alignment to provide services, including programs of study authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), that support the strategy identified in the State plan under section 102(b)(1)(E); (3) a description of how the local board, working with the entities carrying out core programs, will expand access to employment, training, education, and supportive services for eligible individuals, particularly eligible individuals with barriers to employment, including how the local board will facilitate the development of career pathways and co-enrollment, as appropriate, in core programs, and improve access to activities leading to a recognized postsecondary credential (including a credential that is an industry-recognized certificate or certification, portable, and stackable); (4) a description of the strategies and services that will be used in the local area— (A) in order to— (i) facilitate engagement of employers, including small employers and employers in in-demand industry sectors and occupations, in workforce development programs; (ii) support a local workforce development system that meets the needs of businesses in the local area; (iii) better coordinate workforce development programs and economic development; and (iv) strengthen linkages between the one-stop delivery system and unemployment insurance programs; and (B) that may include the implementation of initiatives such as incumbent worker training programs, on-the-job training programs, customized training programs, industry and sector strategies, career pathways initiatives, utilization of effective business intermediaries, and other business services and strategies, designed to meet the needs of employers in the corresponding region in support of the strategy described in paragraph (1)(F); (5) a description of how the local board will coordinate workforce investment activities carried out in the local area with economic development activities carried out in the region in which the local area is located (or planning region), and promote entrepreneurial skills training and microenterprise services; (6) a description of the one-stop delivery system in the local area, including— (A) a description of how the local board will ensure the continuous improvement of eligible providers of services through the system and ensure that such providers meet the employment needs of local employers, and workers and jobseekers; (B) a description of how the local board will facilitate access to services provided through the one-stop delivery system, including in remote areas, through the use of technology and through other means; (C) a description of how entities within the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) regarding the physical and programmatic accessibility of facilities, programs and services, technology, and materials for individuals with disabilities, including providing staff training and support for addressing the needs of individuals with disabilities; and (D) a description of the roles and resource contributions of the one-stop partners; (7) a description and assessment of the type and availability of adult and dislocated worker employment and training activities in the local area; (8) a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide rapid response activities, as described in section 134(a)(2)(A); (9) a description and assessment of the type and availability of youth workforce investment activities in the local area, including activities for youth who are individuals with disabilities, which description and assessment shall include an identification of successful models of such youth workforce investment activities; (10) a description of how the local board will coordinate education and workforce investment activities carried out in the local area with relevant secondary and postsecondary education programs and activities to coordinate strategies, enhance services, and avoid duplication of services; (11) a description of how the local board will coordinate workforce investment activities carried out under this title in the local area with the provision of transportation, including public transportation, and other appropriate supportive services in the local area; (12) a description of plans and strategies for, and assurances concerning, maximizing coordination of services provided by the State employment service under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) and services provided in the local area through the one-stop delivery system, to improve service delivery and avoid duplication of services; (13) a description of how the local board will coordinate workforce investment activities carried out under this title in the local area with the provision of adult education and literacy activities under title II in the local area, including a description of how the local board will carry out, consistent with subparagraphs (A) and (B)(i) of section 107(d)(11) and section 232, the review of local applications submitted under title II; (14) a description of the replicated cooperative agreements (as defined in section 107(d)(11)) between the local board or other local entities described in section 101(a)(11)(B) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a)(11)(B) ) and the local office of a designated State agency or designated State unit administering programs carried out under title I of such Act ( 29 U.S.C. 720 et seq. ) (other than section 112 or part C of that title ( 29 U.S.C. 732 , 741) and subject to section 121(f)) in accordance with section 101(a)(11) of such Act ( 29 U.S.C. 721(a)(11) ) with respect to efforts that will enhance the provision of services to individuals with disabilities and to other individuals, such as cross training of staff, technical assistance, use and sharing of information, cooperative efforts with employers, and other efforts at cooperation, collaboration, and coordination; (15) an identification of the entity responsible for the disbursal of grant funds described in section 107(d)(12)(B)(i)(III), as determined by the chief elected official or the Governor under section 107(d)(12)(B)(i); (16) a description of the competitive process to be used to award the subgrants and contracts in the local area for activities carried out under this title; (17) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 116(c), to be used to measure the performance of the local area and to be used by the local board for measuring the performance of the local fiscal agent (where appropriate), eligible providers under subtitle B, and the one-stop delivery system, in the local area; (18) a description of the actions the local board will take toward becoming or remaining a high-performing board, consistent with the factors developed by the State board pursuant to section 101(d)(6); (19) a description of how training services under chapter 3 of subtitle B will be provided in accordance with section 134(c)(3)(G), including, if contracts for the training services will be used, how the use of such contracts will be coordinated with the use of individual training accounts under that chapter and how the local board will ensure informed customer choice in the selection of training programs regardless of how the training services are to be provided; (20) a description of the process used by the local board, consistent with subsection (d), to provide an opportunity for public comment, including comment by representatives of businesses and comment by representatives of labor organizations, and input into the development of the local plan, prior to submission of the plan; (21) a description of how one-stop centers are implementing and transitioning to an integrated, technology-enabled intake and case management information system for programs carried out under this Act and programs carried out by one-stop partners; and (22) such other information as the Governor may require. (c) Existing analysis As appropriate, a local area may use an existing analysis in order to carry out the requirements of subsection (b)(1) concerning an analysis. (d) Process Prior to the date on which the local board submits a local plan under this section, the local board shall— (1) make available copies of a proposed local plan to the public through electronic and other means, such as public hearings and local news media; (2) allow members of the public, including representatives of business, representatives of labor organizations, and representatives of education to submit to the local board comments on the proposed local plan, not later than the end of the 30-day period beginning on the date on which the proposed local plan is made available; and (3) include with the local plan submitted to the Governor under this section any such comments that represent disagreement with the plan. (e) Plan submission and approval A local plan submitted to the Governor under this section (including a modification to such a local plan) shall be considered to be approved by the Governor at the end of the 90-day period beginning on the day the Governor receives the plan (including such a modification), unless the Governor makes a written determination during the 90-day period that— (1) deficiencies in activities carried out under this subtitle or subtitle B have been identified, through audits conducted under section 184 or otherwise, and the local area has not made acceptable progress in implementing corrective measures to address the deficiencies; (2) the plan does not comply with the applicable provisions of this Act; or (3) the plan does not align with the State plan, including failing to provide for alignment of the core programs to support the strategy identified in the State plan in accordance with section 102(b)(1)(E). 3 Board Provisions 111. Funding of State and local boards (a) State boards In funding a State board under this subtitle, a State— (1) shall use funds available as described in section 129(b)(3) or 134(a)(3)(B); and (2) may use non-Federal funds available to the State that the State determines are appropriate and available for that use. (b) Local boards In funding a local board under this subtitle, the chief elected official and local board for the local area— (1) shall use funds available as described in section 128(b)(4); and (2) may use non-Federal funds available to the local area that the chief elected official and local board determine are appropriate and available for that use. 4 Performance accountability 116. Performance accountability system (a) Purpose The purpose of this section is to establish performance accountability measures that apply across the core programs to assess the effectiveness of States and local areas (for core programs described in subtitle B) in achieving positive outcomes for individuals served by those programs. (b) State performance accountability measures (1) In general For each State, the performance accountability measures for the core programs shall consist of— (A) (i) the primary indicators of performance described in paragraph (2)(A); and (ii) the additional indicators of performance (if any) identified by the State under paragraph (2)(B); and (B) a State adjusted level of performance for each indicator described in subparagraph (A). (2) Indicators of performance (A) Primary indicators of performance (i) In general The State primary indicators of performance for activities provided under the adult and dislocated worker programs authorized under chapter 3 of subtitle B, the program of adult education and literacy activities authorized under title II, the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) (except that subclauses (IV) and (V) shall not apply to such program), and the program authorized under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741), shall consist of— (I) the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program; (II) the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program; (III) the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program; (IV) the percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent (subject to clause (iii)), during participation in or within 1 year after exit from the program; (V) the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment; and (VI) the indicators of effectiveness in serving employers established pursuant to clause (iv). (ii) Primary indicators for eligible youth The primary indicators of performance for the youth program authorized under chapter 2 of subtitle B shall consist of— (I) the percentage of program participants who are in education or training activities, or in unsubsidized employment, during the second quarter after exit from the program; (II) the percentage of program participants who are in education or training activities, or in unsubsidized employment, during the fourth quarter after exit from the program; and (III) the primary indicators of performance described in subclauses (III) through (VI) of subparagraph (A)(i). (iii) Indicator relating to credential For purposes of clause (i)(IV), or clause (ii)(III) with respect to clause (i)(IV), program participants who obtain a secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have obtained or retained employment or are in an education or training program leading to a recognized postsecondary credential within 1 year after exit from the program. (iv) Indicator for services to employers Prior to the commencement of the second full program year after the date of enactment of this Act, for purposes of clauses (i)(VI), or clause (ii)(III) with respect to clause (i)(IV), the Secretary of Labor and the Secretary of Education, after consultation with the representatives described in paragraph (4)(B), shall jointly develop and establish, for purposes of this subparagraph, 1 or more primary indicators of performance that indicate the effectiveness of the core programs in serving employers. (B) Additional indicators A State may identify in the State plan additional performance accountability indicators. (3) Levels of performance (A) State adjusted levels of performance for primary indicators (i) In general For each State submitting a State plan, there shall be established, in accordance with this subparagraph, levels of performance for each of the corresponding primary indicators of performance described in paragraph (2) for each of the programs described in clause (ii). (ii) Included programs The programs included under clause (i) are— (I) the youth program authorized under chapter 2 of subtitle B; (II) the adult program authorized under chapter 3 of subtitle B; (III) the dislocated worker program authorized under chapter 3 of subtitle B; (IV) the program of adult education and literacy activities authorized under title II; (V) the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ); and (VI) the program authorized under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741). (iii) Identification in State plan Each State shall identify, in the State plan, expected levels of performance for each of the corresponding primary indicators of performance for each of the programs described in clause (ii) for the first 2 program years covered by the State plan. (iv) Agreement on State adjusted levels of performance (I) First 2 years The State shall reach agreement with the Secretary of Labor, in conjunction with the Secretary of Education on levels of performance for each indicator described in clause (iii) for each of the programs described in clause (ii) for each of the first 2 program years covered by the State plan. In reaching the agreement, the State and the Secretary of Labor in conjunction with the Secretary of Education shall take into account the levels identified in the State plan under clause (iii) and the factors described in clause (v). The levels agreed to shall be considered to be the State adjusted levels of performance for the State for such program years and shall be incorporated into the State plan prior to the approval of such plan. (II) Third and fourth year The State and the Secretary of Labor, in conjunction with the Secretary of Education, shall reach agreement, prior to the third program year covered by the State plan, on levels of performance for each indicator described in clause (iii) for each of the programs described in clause (ii) for each of the third and fourth program years covered by the State plan. In reaching the agreement, the State and Secretary of Labor, in conjunction with the Secretary of Education, shall take into account the factors described in clause (v). The levels agreed to shall be considered to be the State adjusted levels of performance for the State for such program years and shall be incorporated into the State plan as a modification to the plan. (v) Factors In reaching the agreements described in clause (iv), the State and Secretaries shall— (I) take into account how the levels involved compare with the State adjusted levels of performance established for other States; (II) ensure that the levels involved are adjusted, using the objective statistical model established by the Secretaries pursuant to clause (viii), based on— (aa) the differences among States in actual economic conditions (including differences in unemployment rates and job losses or gains in particular industries); and (bb) the characteristics of participants when the participants entered the program involved, including indicators of poor work history, lack of work experience, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, homelessness, ex-offender status, and welfare dependency; (III) take into account the extent to which the levels involved promote continuous improvement in performance accountability on the performance accountability measures by such State and ensure optimal return on the investment of Federal funds; and (IV) take into account the extent to which the levels involved will assist the State in meeting the goals described in clause (vi). (vi) Goals In order to promote enhanced performance outcomes and to facilitate the process of reaching agreements with the States under clause (iv), the Secretary of Labor, in conjunction with the Secretary of Education, shall establish performance goals for the core programs, in accordance with the Government Performance and Results Act of 1993 ( Public Law 103–62 ; 107 Stat. 285) and the amendments made by that Act, and in consultation with States and other appropriate parties. Such goals shall be long-term goals for the adjusted levels of performance to be achieved by each of the programs described in clause (ii) regarding the corresponding primary indicators of performance described in paragraph (2)(A). (vii) Revisions based on economic conditions and individuals served during the program year The Secretary of Labor, in conjunction with the Secretary of Education, shall, in accordance with the objective statistical model developed pursuant to clause (viii), revise the State adjusted levels of performance applicable for each of the programs described in clause (ii), for a program year and a State, to reflect the actual economic conditions and characteristics of participants (as described in clause (v)(II)) in that program during such program year in such State. (viii) Statistical adjustment model The Secretary of Labor and the Secretary of Education, after consultation with the representatives described in paragraph (4)(B), shall develop and disseminate an objective statistical model that will be used to make the adjustments in the State adjusted levels of performance for actual economic conditions and characteristics of participants under clauses (v) and (vii). (B) Levels of performance for additional indicators The State may identify, in the State plan, State levels of performance for each of the additional indicators identified under paragraph (2)(B). Such levels shall be considered to be State adjusted levels of performance for purposes of this section. (4) Definitions of indicators of performance (A) In general In order to ensure nationwide comparability of performance data, the Secretary of Labor and the Secretary of Education, after consultation with representatives described in subparagraph (B), shall issue definitions for the indicators described in paragraph (2). (B) Representatives The representatives referred to in subparagraph (A) are representatives of States and political subdivisions, business and industry, employees, eligible providers of activities carried out through the core programs, educators, researchers, participants, the lead State agency officials with responsibility for the programs carried out through the core programs, individuals with expertise in serving individuals with barriers to employment, and other interested parties. (c) Local performance accountability measures for subtitle B (1) In general For each local area in a State designated under section 106, the local performance accountability measures for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii) shall consist of— (A) (i) the primary indicators of performance described in subsection (b)(2)(A) that are applicable to such programs; and (ii) additional indicators of performance, if any, identified by the State for such programs under subsection (b)(2)(B); and (B) the local level of performance for each indicator described in subparagraph (A). (2) Local level of performance The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local levels of performance based on the State adjusted levels of performance established under subsection (b)(3)(A). (3) Adjustment factors In negotiating the local levels of performance, the local board, the chief elected official, and the Governor shall make adjustments for the expected economic conditions and the expected characteristics of participants to be served in the local area, using the statistical adjustment model developed pursuant to subsection (b)(3)(A)(viii). In addition, the negotiated local levels of performance applicable to a program year shall be revised to reflect the actual economic conditions experienced and the characteristics of the populations served in the local area during such program year using the statistical adjustment model. (d) Performance reports (1) In general Not later than 12 months after the date of enactment of this Act, the Secretary of Labor, in conjunction with the Secretary of Education, shall develop a template for performance reports that shall be used by States, local boards, and eligible providers of training services under section 122 to report on outcomes achieved by the core programs. In developing such templates, the Secretary of Labor, in conjunction with the Secretary of Education, will take into account the need to maximize the value of the templates for workers, jobseekers, employers, local elected officials, State officials, Federal policymakers, and other key stakeholders. (2) Contents of State performance reports The performance report for a State shall include, subject to paragraph (5)(C)— (A) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) and the State adjusted levels of performance with respect to such indicators for each program; (B) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) with respect to individuals with barriers to employment, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age; (C) the total number of participants served by each of the programs described in subsection (b)(3)(A)(ii); (D) the number of participants who received career and training services, respectively, during the most recent program year and the 3 preceding program years, and the amount of funds spent on each type of service; (E) the number of participants who exited from career and training services, respectively, during the most recent program year and the 3 preceding program years; (F) the average cost per participant of those participants who received career and training services, respectively, during the most recent program year and the 3 preceding program years; (G) the percentage of participants in a program authorized under this subtitle who received training services and obtained unsubsidized employment in a field related to the training received; (H) the number of individuals with barriers to employment served by each of the programs described in subsection (b)(3)(A)(ii), disaggregated by each subpopulation of such individuals; (I) the number of participants who are enrolled in more than 1 of the programs described in subsection (b)(3)(A)(ii); (J) the percentage of the State’s annual allotment under section 132(b) that the State spent on administrative costs; (K) in the case of a State in which local areas are implementing pay-for-performance contract strategies for programs— (i) the performance of service providers entering into contracts for such strategies, measured against the levels of performance specified in the contracts for such strategies; and (ii) an evaluation of the design of the programs and performance of the strategies, and, where possible, the level of satisfaction with the strategies among employers and participants benefitting from the strategies; and (L) other information that facilitates comparisons of programs with programs in other States. (3) Contents of local area performance reports The performance reports for a local area shall include, subject to paragraph (6)(C)— (A) the information specified in subparagraphs (A) through (L) of paragraph (2), for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii); (B) the percentage of the local area’s allocation under sections 128(b) and 133(b) that the local area spent on administrative costs; and (C) other information that facilitates comparisons of programs with programs in other local areas (or planning regions, as appropriate). (4) Contents of eligible training providers performance reports The performance report for an eligible provider of training services under section 122 shall include, subject to paragraph (6)(C), with respect to each program of study (or the equivalent) of such provider— (A) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subclauses (I) through (IV) of subsection (b)(2)(A)(i) with respect to all individuals engaging in the program of study (or the equivalent); (B) the total number of individuals exiting from the program of study (or the equivalent); (C) the total number of participants who received training services through each of the adult program and the dislocated worker program authorized under chapter 3 of subtitle B, disaggregated by the type of entity that provided the training, during the most recent program year and the 3 preceding program years; (D) the total number of participants who exited from training services, disaggregated by the type of entity that provided the training, during the most recent program year and the 3 preceding program years; (E) the average cost per participant for the participants who received training services, disaggregated by the type of entity that provided the training, during the most recent program year and the 3 preceding program years; and (F) the number of individuals with barriers to employment served by each of the adult program and the dislocated worker program authorized under chapter 3 of subtitle B, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age. (5) Data validation In preparing the State reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, in conjunction with the Secretary of Education, to ensure the information contained in the reports is valid and reliable. (6) Publication (A) State performance reports The Secretary of Labor and the Secretary of Education shall annually make available (including by electronic means), in an easily understandable format, the performance reports for States containing the information described in paragraph (2). (B) Local area and eligible training provider performance reports The State shall make available (including by electronic means), in an easily understandable format, the performance reports for the local areas containing the information described in paragraph (3) and the performance reports for eligible providers of training services containing the information described in paragraph (4). (C) Rules for reporting of data The disaggregation of data under this subsection shall not be required when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant. (D) Dissemination to congress The Secretary of Labor and the Secretary of Education shall make available (including by electronic means) a summary of the reports, and the reports, required under this subsection to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. The Secretaries shall prepare and make available with the reports a set of recommendations for improvements in and adjustments to pay-for-performance contract strategies used under subtitle B. (e) Evaluation of State programs (1) In general Using funds authorized under a core program and made available to carry out this section, the State, in coordination with local boards in the State and the State agencies responsible for the administration of the core programs, shall conduct ongoing evaluations of activities carried out in the State under such programs. The State, local boards, and State agencies shall conduct the evaluations in order to promote, establish, implement, and utilize methods for continuously improving core program activities in order to achieve high-level performance within, and high-level outcomes from, the workforce development system. The State shall coordinate the evaluations with the evaluations provided for by the Secretary of Labor and the Secretary of Education under section 169, section 242(c)(2)(D), and sections 12(a)(5), 14, and 107 of the Rehabilitation Act of 1973 ( 29 U.S.C. 709(a)(5) , 711, 727) (applied with respect to programs carried out under title I of that Act ( 29 U.S.C. 720 et seq. )) and the investigations provided for by the Secretary of Labor under section 10(b) of the Wagner-Peyser Act ( 29 U.S.C. 49i(b) ). (2) Design The evaluations conducted under this subsection shall be designed in conjunction with the State board, State agencies responsible for the administration of the core programs, and local boards and shall include analysis of customer feedback and outcome and process measures in the statewide workforce development system. The evaluations shall use designs that employ the most rigorous analytical and statistical methods that are reasonably feasible, such as the use of control groups. (3) Results The State shall annually prepare, submit to the State board and local boards in the State, and make available to the public (including by electronic means), reports containing the results of evaluations conducted under this subsection, to promote the efficiency and effectiveness of the workforce development system. (4) Cooperation with federal evaluations The State shall, to the extent practicable, cooperate in the conduct of evaluations (including related research projects) provided for by the Secretary of Labor or the Secretary of Education under the provisions of Federal law identified in paragraph (1). Such cooperation shall include the provision of data (in accordance with appropriate privacy protections established by the Secretary of Labor), the provision of responses to surveys, and allowing site visits in a timely manner, for the Secretaries or their agents. (f) Sanctions for State failure To meet state performance accountability measures (1) States (A) Technical assistance If a State fails to meet the State adjusted levels of performance relating to indicators described in subsection (b)(2)(A) for a program for any program year, the Secretary of Labor and the Secretary of Education shall provide technical assistance, including assistance in the development of a performance improvement plan. (B) Reduction in amount of grant If such failure continues for a second consecutive year, or (except in the case of exceptional circumstances as determined by the Secretary of Labor or the Secretary of Education, as appropriate) a State fails to submit a report under subsection (d) for any program year, the percentage of each amount that would (in the absence of this paragraph) be reserved by the Governor under section 128(a) for the immediately succeeding program year shall be reduced by 5 percentage points until such date as the Secretary of Labor or the Secretary of Education, as appropriate, determines that the State meets such State adjusted levels of performance and has submitted such reports for the appropriate program years. (g) Sanctions for local area failure To meet local performance accountability measures (1) Technical assistance If a local area fails to meet local performance accountability measures established under subsection (c) for the youth, adult, or dislocated worker program authorized under chapter 2 or 3 of subtitle B for a program described in subsection (d)(2)(A) for any program year, the Governor, or upon request by the Governor, the Secretary of Labor, shall provide technical assistance, which may include assistance in the development of a performance improvement plan or the development of a modified local plan (or regional plan). (2) Corrective actions (A) In general If such failure continues for a third consecutive year, the Governor shall take corrective actions, which shall include development of a reorganization plan through which the Governor shall— (i) require the appointment and certification of a new local board, consistent with the criteria established under section 107(b); (ii) prohibit the use of eligible providers and one-stop partners identified as achieving a poor level of performance; or (iii) take such other significant actions as the Governor determines are appropriate. (B) Appeal by local area (i) Appeal to Governor The local board and chief elected official for a local area that is subject to a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan. In such case, the Governor shall make a final decision not later than 30 days after the receipt of the appeal. (ii) Subsequent action The local board and chief elected official for a local area may, not later than 30 days after receiving a decision from the Governor pursuant to clause (i), appeal such decision to the Secretary of Labor. In such case, the Secretary shall make a final decision not later than 30 days after the receipt of the appeal. (C) Effective date The decision made by the Governor under subparagraph (B)(i) shall become effective at the time the Governor issues the decision pursuant to such clause. Such decision shall remain effective unless the Secretary of Labor rescinds or revises such plan pursuant to subparagraph (B)(ii). (h) Establishing Pay-for-Performance Contract Strategy Incentives Using non-Federal funds, the Governor may establish incentives for local boards to implement pay-for-performance contract strategies for the delivery of training services described in section 134(c)(3) or activities described in section 129(c)(2) in the local areas served by the local boards. (i) Fiscal and management accountability information systems (1) In general Using funds authorized under a core program and made available to carry out this chapter, the Governor, in coordination with the State board, the State agencies administering the core programs, local boards, and chief elected officials in the State, shall establish and operate a fiscal and management accountability information system based on guidelines established by the Secretary of Labor and the Secretary of Education after consultation with the Governors of States, chief elected officials, and one-stop partners. Such guidelines shall promote efficient collection and use of fiscal and management information for reporting and monitoring the use of funds authorized under the core programs and for preparing the annual report described in subsection (d). (2) Wage records In measuring the progress of the State on State and local performance accountability measures, a State shall utilize quarterly wage records, consistent with State law. The Secretary of Labor shall make arrangements, consistent with State law, to ensure that the wage records of any State are available to any other State to the extent that such wage records are required by the State in carrying out the State plan of the State or completing the annual report described in subsection (d). (3) Confidentiality In carrying out the requirements of this Act, the State shall comply with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). B Workforce investment activities and providers 1 Workforce investment activities and providers 121. Establishment of one-stop delivery systems (a) In general Consistent with an approved State plan, the local board for a local area, with the agreement of the chief elected official for the local area, shall— (1) develop and enter into the memorandum of understanding described in subsection (c) with one-stop partners; (2) designate or certify one-stop operators under subsection (d); and (3) conduct oversight with respect to the one-stop delivery system in the local area. (b) One-stop partners (1) Required partners (A) Roles and responsibilities of one-stop partners Each entity that carries out a program or activities described in subparagraph (B) in a local area shall— (i) provide access through the one-stop delivery system to such program or activities carried out by the entity, including making the career services described in section 134(c)(2) that are applicable to the program or activities available at the one-stop centers (in addition to any other appropriate locations); (ii) use a portion of the funds available for the program and activities to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) enter into a local memorandum of understanding with the local board, relating to the operation of the one-stop system, that meets the requirements of subsection (c); (iv) participate in the operation of the one-stop system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the program or activities; and (v) provide representation on the State board to the extent provided under section 101. (B) Programs and activities The programs and activities referred to in subparagraph (A) consist of— (i) programs authorized under this title; (ii) programs authorized under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ); (iii) adult education and literacy activities authorized under title II; (iv) programs authorized under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ) (other than section 112 or part C of title I of such Act ( 29 U.S.C. 732 , 741); (v) activities authorized under title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ); (vi) career and technical education programs at the postsecondary level authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ); (vii) activities authorized under chapter 2 of title II of the Trade Act of 1974 ( 19 U.S.C. 2271 et seq. ); (viii) activities authorized under chapter 41 of title 38, United States Code; (ix) employment and training activities carried out under the Community Services Block Grant Act ( 42 U.S.C. 9901 et seq. ); (x) employment and training activities carried out by the Department of Housing and Urban Development; (xi) programs authorized under State unemployment compensation laws (in accordance with applicable Federal law); (xii) programs authorized under section 212 of the Second Chance Act of 2007 ( 42 U.S.C. 17532 ); and (xiii) programs authorized under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ), subject to subparagraph (C). (C) Determination by the Governor (i) In general An entity that carries out a program referred to in subparagraph (B)(xiii) shall be included in the one-stop partners for the local area, as a required partner, for purposes of this Act and the other core program provisions that are not part of this Act, unless the Governor provides the notification described in clause (ii). (ii) Notification The notification referred to in clause (i) is a notification that— (I) is made in writing of a determination by the Governor not to include such entity in the one-stop partners described in clause (i); and (II) is provided to the Secretary of Labor (referred to in this subtitle, and subtitles C through E, as the Secretary ) and the Secretary of Health and Human Services. (2) Additional partners (A) In general With the approval of the local board and chief elected official, in addition to the entities described in paragraph (1), other entities that carry out workforce development programs described in subparagraph (B) may be one-stop partners for the local area and carry out the responsibilities described in paragraph (1)(A). (B) Programs The programs referred to in subparagraph (A) may include— (i) employment and training programs administered by the Social Security Administration, including the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act ( 42 U.S.C. 1320b–19 ); (ii) employment and training programs carried out by the Small Business Administration; (iii) programs authorized under section 6(d)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4) ); (iv) work programs authorized under section 6(o) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(o) ); (v) programs carried out under section 112 of the Rehabilitation Act of 1973 ( 29 U.S.C. 732 ); (vi) programs authorized under the National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq. ); and (vii) other appropriate Federal, State, or local programs, including employment, education, and training programs provided by public libraries or in the private sector. (c) Memorandum of understanding (1) Development The local board, with the agreement of the chief elected official, shall develop and enter into a memorandum of understanding (between the local board and the one-stop partners), consistent with paragraph (2), concerning the operation of the one-stop delivery system in the local area. (2) Contents Each memorandum of understanding shall contain— (A) provisions describing— (i) the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated and delivered through such system; (ii) how the costs of such services and the operating costs of such system will be funded, including— (I) funding through cash and in-kind contributions (fairly evaluated), which contributions may include funding from philanthropic organizations or other private entities, or through other alternative financing options, to provide a stable and equitable funding stream for ongoing one-stop delivery system operations; and (II) funding of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities; (iv) methods to ensure the needs of workers and youth, and individuals with barriers to employment, including individuals with disabilities, are addressed in the provision of necessary and appropriate access to services, including access to technology and materials, made available through the one-stop delivery system; and (v) the duration of the memorandum of understanding and the procedures for amending the memorandum during the duration of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and (B) such other provisions, consistent with the requirements of this title, as the parties to the agreement determine to be appropriate. (d) One-stop operators (1) Local designation and certification Consistent with paragraphs (2) and (3), the local board, with the agreement of the chief elected official, is authorized to designate or certify one-stop operators and to terminate for cause the eligibility of such operators. (2) Eligibility To be eligible to receive funds made available under this subtitle to operate a one-stop center referred to in subsection (e), an entity (which may be a consortium of entities)— (A) shall be designated or certified as a one-stop operator through a competitive process; and (B) shall be an entity (public, private, or nonprofit), or consortium of entities (including a consortium of entities that, at a minimum, includes 3 or more of the one-stop partners described in subsection (b)(1)), of demonstrated effectiveness, located in the local area, which may include— (i) an institution of higher education; (ii) an employment service State agency established under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), on behalf of the local office of the agency; (iii) a community-based organization, nonprofit organization, or intermediary; (iv) a private for-profit entity; (v) a government agency; and (vi) another interested organization or entity, which may include a local chamber of commerce or other business organization, or a labor organization. (3) Exception Elementary schools and secondary schools shall not be eligible for designation or certification as one-stop operators, except that nontraditional public secondary schools and area career and technical education schools may be eligible for such designation or certification. (4) Additional requirements The State and local boards shall ensure that in carrying out activities under this title, one-stop operators— (A) disclose any potential conflicts of interest arising from the relationships of the operators with particular training service providers or other service providers; (B) do not establish practices that create disincentives to providing services to individuals with barriers to employment who may require longer-term services, such as intensive employment, training, and education services; and (C) comply with Federal regulations, and procurement policies, relating to the calculation and use of profits. (e) Establishment of one-stop delivery system (1) In general There shall be established in each local area in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall— (A) provide the career services described in section 134(c)(2); (B) provide access to training services as described in section 134(c)(3), including serving as the point of access to training services for participants in accordance with section 134(c)(3)(G); (C) provide access to the employment and training activities carried out under section 134(d), if any; (D) provide access to programs and activities carried out by one-stop partners described in subsection (b); and (E) provide access to the data, information, and analysis described in section 15(a) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(a) ) and all job search, placement, recruitment, and other labor exchange services authorized under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ). (2) One-stop delivery The one-stop delivery system— (A) at a minimum, shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than 1 physical center in each local area of the State; and (B) may also make programs, services, and activities described in paragraph (1) available— (i) through a network of affiliated sites that can provide 1 or more of the programs, services, and activities to individuals; and (ii) through a network of eligible one-stop partners— (I) in which each partner provides 1 or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically or technologically linked access point; and (II) that assures individuals that information on the availability of the career services will be available regardless of where the individuals initially enter the statewide workforce development system, including information made available through an access point described in subclause (I); (C) may have specialized centers to address special needs, such as the needs of dislocated workers, youth, or key industry sectors or clusters; and (D) as applicable and practicable, shall make programs, services, and activities accessible to individuals through electronic means in a manner that improves efficiency, coordination, and quality in the delivery of one-stop partner services. (3) Colocation of wagner-peyser services Consistent with section 3(d) of the Wagner-Peyser Act ( 29 U.S.C. 49b(d) ), and in order to improve service delivery, avoid duplication of services, and enhance coordination of services, including location of staff to ensure access to services in underserved areas, the employment service offices in each State shall be colocated with one-stop centers established under this title. (4) Use of common one-stop delivery system identifier In addition to using any State or locally developed identifier, each one-stop delivery system shall include in the identification of products, programs, activities, services, facilities, and related property and materials, a common one-stop delivery system identifier. The identifier shall be developed by the Secretary, in consultation with heads of other appropriate departments and agencies, and representatives of State boards and local boards and of other stakeholders in the one-stop delivery system, not later than the beginning of the second full program year after the date of enactment of this Act. Such common identifier may consist of a logo, phrase, or other identifier that informs users of the one-stop delivery system that such products, programs, activities, services, facilities, property, or materials are being provided through such system. Nothing in this paragraph shall be construed to prohibit one-stop partners, States, or local areas from having additional identifiers. (f) Application to certain vocational rehabilitation programs (1) Limitation Nothing in this section shall be construed to apply to part C of title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 741 ). (2) Client assistance Nothing in this Act shall be construed to require that any entity carrying out a client assistance program authorized under section 112 of the Rehabilitation Act of 1973 ( 29 U.S.C. 732 )— (A) be included as a mandatory one-stop partner under subsection (b)(1); or (B) if the entity is included as an additional one-stop partner under subsection (b)(2)— (i) violate the requirement of section 112(c)(1)(A) of that Act ( 29 U.S.C. 732(c)(1)(A) ) that the entity be independent of any agency that provides treatment, services, or rehabilitation to individuals under that Act; or (ii) carry out any activity not authorized under section 112 of that Act (including appropriate Federal regulations). (g) Certification and continuous improvement of one-stop centers (1) In general In order to be eligible to receive infrastructure funding described in subsection (h), the State board, in consultation with chief elected officials and local boards, shall establish objective criteria and procedures for use by local boards in assessing at least once every 3 years the effectiveness, physical and programmatic accessibility in accordance with section 188, if applicable, and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and continuous improvement of one-stop centers and the one-stop delivery system, consistent with the requirements of section 101(d)(6). (2) Criteria The criteria and procedures developed under this subsection shall include standards relating to service coordination achieved by the one-stop delivery system with respect to the programs administered by the one-stop partners at the one-stop centers. Such criteria and procedures shall— (A) be developed in a manner that is consistent with the guidelines, guidance, and policies provided by the Governor and by the State board, in consultation with the chief elected officials and local boards, for such partners’ participation under subsections (h)(1) and (i); and (B) include such factors relating to the effectiveness, accessibility, and improvement of the one-stop delivery system as the State board determines to be appropriate, including at a minimum how well the one-stop center— (i) supports the achievement of the negotiated local levels of performance for the indicators of performance described in section 116(b)(2) for the local area; (ii) integrates available services; and (iii) meets the workforce development and employment needs of local employers and participants. (3) Local criteria Consistent with the criteria developed under paragraph (1) by the State, a local board in the State may develop additional criteria (or higher levels of service coordination than required for the State-developed criteria) relating to service coordination achieved by the one-stop delivery system, for purposes of assessments described in paragraph (1), in order to respond to labor market, economic, and demographic, conditions and trends in the local area. (4) Effect of certification One-stop centers certified under this subsection shall be eligible to receive the infrastructure funding described in subsection (h). (5) Review and update The criteria and procedures established under this subsection shall be reviewed and updated by the State board or the local board, as the case may be, as part of the biennial process for review and modification of State and local plans described in sections 102(c)(2) and 108(a). (h) Funding of one-stop infrastructure (1) In general (A) Options for infrastructure funding (i) Local options The local board, chief elected officials, and one-stop partners described in subsection (b)(1) in a local area may fund the costs of infrastructure of one-stop centers in the local area through— (I) methods agreed on by the local board, chief elected officials, and one-stop partners (and described in the memorandum of understanding described in subsection (c)); or (II) if no consensus agreement on methods is reached under subclause (I), the State infrastructure funding mechanism described in paragraph (2). (ii) Failure to reach consensus agreement on funding methods Beginning July 1, 2016, if the local board, chief elected officials, and one-stop partners described in subsection (b)(1) in a local area fail to reach consensus agreement on methods of sufficiently funding the costs of infrastructure of one-stop centers for a program year, the State infrastructure funding mechanism described in paragraph (2) shall be applicable to such local area for that program year and for each subsequent program year for which those entities and individuals fail to reach such agreement. (B) Guidance for infrastructure funding In addition to carrying out the requirements relating to the State infrastructure funding mechanism described in paragraph (2), the Governor, after consultation with chief elected officials, local boards, and the State board, and consistent with the guidance and policies provided by the State board under subparagraphs (B) and (C)(i) of section 101(d)(7), shall provide, for the use of local areas under subparagraph (A)(i)(I)— (i) guidelines for State-administered one-stop partner programs, for determining such programs’ contributions to a one-stop delivery system, based on such programs' proportionate use of such system consistent with chapter II of title 2, Code of Federal Regulations (or any corresponding similar regulation or ruling), including determining funding for the costs of infrastructure, which contributions shall be negotiated pursuant to the memorandum of understanding under subsection (c); and (ii) guidance to assist local boards, chief elected officials, and one-stop partners in local areas in determining equitable and stable methods of funding the costs of infrastructure of one-stop centers in such areas. (2) State one-stop infrastructure funding (A) Definition In this paragraph, the term covered portion , used with respect to funding for a fiscal year for a program described in subsection (b)(1), means a portion determined under subparagraph (C) of the Federal funds provided to a State (including local areas within the State) under the Federal law authorizing that program described in subsection (b)(1) for the fiscal year (taking into account the availability of funding for purposes related to infrastructure from philanthropic organizations, private entities, or other alternative financing options). (B) Partner contributions Subject to subparagraph (D), for local areas in a State that are not covered by paragraph (1)(A)(i)(I), the covered portions of funding for a fiscal year shall be provided to the Governor from the programs described in subsection (b)(1), to assist in paying the costs of infrastructure of one-stop centers in those local areas of the State not adequately funded under the option described in paragraph (1)(A)(i)(I). (C) Determination of Governor (i) In general Subject to clause (ii) and subparagraph (D), the Governor, after consultation with chief elected officials, local boards, and the State board, shall determine the portion of funds to be provided under subparagraph (B) by each one-stop partner from each program described in subparagraph (B). In making such determination for the purpose of determining funding contributions, for funding pursuant to clause (i)(II) or (ii) of paragraph (1)(A) by each partner, the Governor shall calculate amounts for the proportionate use of the one-stop centers in the State, consistent with chapter II of title 2, Code of Federal Regulations (or any corresponding similar regulation or ruling), taking into account the costs of administration of the one-stop delivery system for purposes not related to one-stop centers, for each partner. The Governor shall exclude from such determination of funds the amounts for proportionate use of one-stop centers attributable to the programs of one-stop partners for those local areas of the State where the costs of infrastructure of one-stop centers are funded under the option described in paragraph (1)(A)(i)(I). The Governor shall also take into account the statutory requirements for each partner program and the partner program’s ability to fulfill such requirements. (ii) Special rule In a State in which the State constitution or a State statute places policymaking authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title II, postsecondary career and technical education activities authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), or vocational rehabilitation services offered under a provision covered by section 3(13)(D), the determination described in clause (i) with respect to the programs authorized under that title, Act, or provision shall be made by the chief officer of the entity, or the official, with such authority in consultation with the Governor. (D) Limitations (i) Provision from administrative funds (I) In general Subject to subclause (II), the funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the program's limitations with respect to the portion of funds under such program that may be used for administration. (II) Exceptions Nothing in this clause shall be construed to apply to the programs carried out under this title, or under title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ). (ii) Cap on required contributions For local areas in a State that are not covered by paragraph (1)(A)(i)(I), the following rules shall apply: (I) Wia formula programs and employment service The portion of funds required to be contributed under this paragraph from a program authorized under chapter 2 or 3, or the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) shall not exceed 3 percent of the amount of Federal funds provided to carry out that program in the State for a fiscal year. (II) Other one-stop partners The portion of funds required to be contributed under this paragraph from a program described in subsection (b)(1) other than the programs described in subclause (I) shall not exceed 1.5 percent of the amount of Federal funds provided to carry out that program in the State for a fiscal year. (III) Vocational rehabilitation Notwithstanding subclauses (I) and (II), an entity administering a program described in subsection (b)(1)(B)(iv) shall not be required to provide from that program, under this paragraph, a portion that exceeds— (aa) 0.75 percent of the amount of Federal funds provided to carry out such program in the State for the second full program year that begins after the date of enactment of this Act; (bb) 1.0 percent of the amount provided to carry out such program in the State for the third full program year that begins after such date; (cc) 1.25 percent of the amount provided to carry out such program in the State for the fourth full program year that begins after such date; and (dd) 1.5 percent of the amount provided to carry out such program in the State for the fifth and each succeeding full program year that begins after such date. (iii) Federal direct spending programs For local areas in a State that are not covered by paragraph (1)(A)(i)(I), an entity administering a program funded with direct spending as defined in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, as in effect on February 15, 2014 ( 2 U.S.C. 900(c)(8) ) shall not be required to provide, for purposes of this paragraph, an amount in excess of the amount determined under subparagraph (C)(i) to be equivalent to the cost of the proportionate use of the one-stop centers for the one-stop partner for such program in the State. (iv) Native American programs One-stop partners for Native American programs established under section 166 shall not be subject to the provisions of this subsection (other than this clause) or subsection (i). For purposes of subsection (c)(2)(A)(ii)(II), the method for determining the appropriate portion of funds to be provided by such partners to pay for the costs of infrastructure of a one-stop center shall be determined as part of the development of the memorandum of understanding under subsection (c) for the one-stop center and shall be stated in the memorandum. (E) Appeal by one-stop partners The Governor shall establish a process, described under section 102(b)(2)(D)(i)(IV), for a one-stop partner administering a program described in subsection (b)(1) to appeal a determination regarding the portion of funds to be provided under this paragraph. Such a determination may be appealed under the process on the basis that such determination is inconsistent with the requirements of this paragraph. Such process shall ensure prompt resolution of the appeal in order to ensure the funds are distributed in a timely manner, consistent with the requirements of section 182(e). (3) Allocation by Governor (A) In general From the funds provided under paragraph (1), the Governor shall allocate the funds to local areas described in subparagraph (B) in accordance with the formula established under subparagraph (B) for the purposes of assisting in paying the costs of infrastructure of one-stop centers. (B) Allocation formula The State board shall develop a formula to be used by the Governor to allocate the funds provided under paragraph (1) to local areas not funding costs of infrastructure under the option described in paragraph (1)(A)(i)(I). The formula shall be based on factors including the number of one-stop centers in a local area, the population served by such centers, the services provided by such centers, and other factors relating to the performance of such centers that the State board determines are appropriate. (4) Costs of infrastructure In this subsection, the term costs of infrastructure , used with respect to a one-stop center, means the nonpersonnel costs that are necessary for the general operation of the one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, equipment (including assessment-related products and assistive technology for individuals with disabilities), and technology to facilitate access to the one-stop center, including the center’s planning and outreach activities. (i) Other funds (1) In general Subject to the memorandum of understanding described in subsection (c) for the one-stop delivery system involved, in addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the programs described in subsection (b) and administered by one-stop partners, or the noncash resources available under such programs, shall be used to pay the additional costs relating to the operation of the one-stop delivery system that are not paid from the funds provided under subsection (h), as determined in accordance with paragraph (3), to the extent not inconsistent with the Federal law involved. Such costs shall include the costs of the provision of career services described in section 134(c)(2) applicable to each program and may include common costs that are not paid from the funds provided under subsection (h). (2) Shared services The costs described under paragraph (1) may include costs of services that are authorized for and may be commonly provided through the one-stop partner programs to any individual, such as initial intake, assessment of needs, appraisal of basic skills, identification of appropriate services to meet such needs, referrals to other one-stop partners, and other similar services. (3) Determination and guidance The method for determining the appropriate portion of funds and noncash resources to be provided by the one-stop partner for each program under paragraph (1) for a one-stop center shall be determined as part of the development of the memorandum of understanding under subsection (c) for the one-stop center and shall be stated in the memorandum. The State board shall provide guidance to facilitate the determination, for purposes of the memorandum of understanding, of an appropriate allocation of the funds and noncash resources in local areas, consistent with the requirements of section 101(d)(6)(C). 122. Identification of eligible providers of training services (a) Eligibility (1) In general Except as provided in subsection (h), the Governor, after consultation with the State board, shall establish criteria, information requirements, and procedures regarding the eligibility of providers of training services to receive funds provided under section 133(b) for the provision of training services in local areas in the State. (2) Providers Subject to the provisions of this section, to be eligible to receive those funds for the provision of training services, the provider shall be— (A) an institution of higher education that provides a program that leads to a recognized postsecondary credential; (B) an entity that carries out programs registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ); or (C) another public or private provider of a program of training services, which may include joint labor-management organizations, and eligible providers of adult education and literacy activities under title II if such activities are provided in combination with occupational skills training. (3) Inclusion in list of eligible providers A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria, information requirements, and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be included and maintained on the list of eligible providers of training services described in subsection (d) for so long as the corresponding program of the provider remains registered as described in paragraph (2)(B). (b) Criteria and information requirements (1) State criteria In establishing criteria pursuant to subsection (a), the Governor shall take into account each of the following: (A) The performance of providers of training services with respect to— (i) the performance accountability measures and other matters for which information is required under paragraph (2); and (ii) other appropriate measures of performance outcomes determined by the Governor for those participants receiving training services under this subtitle (taking into consideration the characteristics of the population served and relevant economic conditions), and the outcomes of the program through which those training services were provided for students in general with respect to employment and earnings as defined under section 116(b)(2). (B) The need to ensure access to training services throughout the State, including in rural areas, and through the use of technology. (C) Information reported to State agencies with respect to Federal and State programs involving training services (other than the program carried out under this subtitle), including one-stop partner programs. (D) The degree to which the training programs of such providers relate to in-demand industry sectors and occupations in the State. (E) The requirements for State licensing of providers of training services, and the licensing status of providers of training services if applicable. (F) Ways in which the criteria can encourage, to the extent practicable, the providers to use industry-recognized certificates or certifications. (G) The ability of the providers to offer programs that lead to recognized postsecondary credentials. (H) The quality of a program of training services, including a program of training services that leads to a recognized postsecondary credential. (I) The ability of the providers to provide training services to individuals who are employed and individuals with barriers to employment. (J) Such other factors as the Governor determines are appropriate to ensure— (i) the accountability of the providers; (ii) that the one-stop centers in the State will ensure that such providers meet the needs of local employers and participants; (iii) the informed choice of participants among training services providers; and (iv) that the collection of information required to demonstrate compliance with the criteria is not unduly burdensome or costly to providers. (2) State information requirements The information requirements established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State, to enable the State to carry out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including— (A) information on the performance of the provider with respect to the performance accountability measures described in section 116 for such participants (taking into consideration the characteristics of the population served and relevant economic conditions), and information specifying the percentage of such participants who entered unsubsidized employment in an occupation related to the program, to the extent practicable; (B) information on recognized postsecondary credentials received by such participants; (C) information on cost of attendance, including costs of tuition and fees, for participants in the program; (D) information on the program completion rate for such participants; and (E) information on the criteria described in paragraph (1). (3) Local criteria and information requirements A local board in the State may establish criteria and information requirements in addition to the criteria and information requirements established by the Governor, or may require higher levels of performance than required for the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) for the provision of training services in the local area involved. (4) Criteria and information requirements to establish initial eligibility (A) Purpose The purpose of this paragraph is to enable the providers of programs carried out under chapter 3 to offer the highest quality training services and be responsive to in-demand and emerging industries by providing training services for those industries. (B) Initial eligibility Providers may seek initial eligibility under this paragraph as providers of training services and may receive that initial eligibility for only 1 fiscal year for a particular program. The criteria and information requirements established by the Governor under this paragraph shall require that a provider who has not previously been an eligible provider of training services under this section (or section 122 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act) provide the information described in subparagraph (C). (C) Information The provider shall provide verifiable program-specific performance information based on criteria established by the State as described in subparagraph (D) that supports the provider’s ability to serve participants under this subtitle. (D) Criteria The criteria described in subparagraph (C) shall include at least— (i) a factor related to indicators described in section 116; (ii) a factor concerning whether the provider is in a partnership with business; (iii) other factors that indicate high-quality training services, including the factor described in paragraph (1)(H); and (iv) a factor concerning alignment of the training services with in-demand industry sectors and occupations, to the extent practicable. (E) Provision The provider shall provide the information described in subparagraph (C) to the Governor and the local board in a manner that will permit the Governor and the local board to make a decision on inclusion of the provider on the list of eligible providers described in subsection (d). (F) Limitation A provider that receives initial eligibility under this paragraph for a program shall be subject to the requirements under subsection (c) for that program after such initial eligibility expires. (c) Procedures (1) Application procedures The procedures established under subsection (a) shall identify the application process for a provider of training services to become eligible to receive funds provided under section 133(b) for the provision of training services. The procedures shall identify the respective roles of the State and local areas in receiving and reviewing the applications and in making determinations of such eligibility based on the criteria, information, and procedures established under this section. The procedures shall also establish a process for a provider of training services to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal. (2) Renewal procedures The procedures established by the Governor shall also provide for biennial review and renewal of eligibility under this section for providers of training services. (d) List and information to assist participants in choosing providers (1) In general In order to facilitate and assist participants in choosing employment and training activities and in choosing providers of training services, the Governor shall ensure that an appropriate list of providers determined to be eligible under this section to offer a program in the State (and, as appropriate, in a local area), accompanied by information identifying the recognized postsecondary credential offered by the provider and other appropriate information, is prepared. The list shall be provided to the local boards in the State, and made available to such participants and to members of the public through the one-stop delivery system in the State. (2) Accompanying information The accompanying information shall— (A) with respect to providers described in subparagraphs (A) and (C) of subsection (a)(2), consist of information provided by such providers, disaggregated by local areas served, as applicable, in accordance with subsection (b); (B) with respect to providers described in subsection (b)(4), consist of information provided by such providers in accordance with subsection (b)(4); and (C) such other information as the Governor determines to be appropriate. (3) Availability The list and the accompanying information shall be made available to such participants and to members of the public through the one-stop delivery system in the State, in a manner that does not reveal personally identifiable information about an individual participant. (4) Limitation In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including a Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or student in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (e) Opportunity to submit comments In establishing, under this section, criteria, information requirements, procedures, and the list of eligible providers described in subsection (d), the Governor shall provide an opportunity for interested members of the public to make recommendations and submit comments regarding such criteria, information requirements, procedures, and list. (f) Enforcement (1) In general The procedures established under this section shall provide the following: (A) Intentionally supplying inaccurate information Upon a determination, by an individual or entity specified in the procedures, that a provider of training services, or individual providing information on behalf of the provider, violated this section (or section 122 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act) by intentionally supplying inaccurate information under this section, the eligibility of such provider to receive funds under chapter 3 shall be terminated for a period of time that is not less than 2 years. (B) Substantial violations Upon a determination, by an individual or entity specified in the procedures, that a provider of training services substantially violated any requirement under this title (or title I of the Workforce Investment Act of 1998, as in effect on the day before such date of enactment), the eligibility of such provider to receive funds under chapter 3 for the program involved shall be terminated for a period of not less than 2 years. (C) Repayment A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, as in effect on the day before such date of enactment, or chapter 3 of this subtitle during a period of violation described in such subparagraph. (2) Construction Paragraph (1) shall be construed to provide remedies and penalties that supplement, but shall not supplant, civil and criminal remedies and penalties specified in other provisions of law. (g) Agreements with other States States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept individual training accounts provided in another State. (h) On-the-job training, customized training, incumbent worker training, and other training exceptions (1) In general Providers of on-the-job training, customized training, incumbent worker training, internships, and paid or unpaid work experience opportunities, or transitional employment shall not be subject to the requirements of subsections (a) through (f). (2) Collection and dissemination of information A one-stop operator in a local area shall collect such performance information from providers of on-the-job training, customized training, incumbent worker training, internships, paid or unpaid work experience opportunities, and transitional employment as the Governor may require, and use the information to determine whether the providers meet such performance criteria as the Governor may require. The one-stop operator shall disseminate information identifying such providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services. (i) Transition period for implementation The Governor and local boards shall implement the requirements of this section not later than 12 months after the date of enactment of this Act. In order to facilitate early implementation of this section, the Governor may establish transition procedures under which providers eligible to provide training services under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998, as such chapter was in effect on the day before the date of enactment of this Act, may continue to be eligible to provide such services until December 31, 2015, or until such earlier date as the Governor determines to be appropriate. 123. Eligible providers of youth workforce investment activities (a) In general From the funds allocated under section 128(b) to a local area, the local board for such area shall award grants or contracts on a competitive basis to providers of youth workforce investment activities identified based on the criteria in the State plan (including such quality criteria as the Governor shall establish for a training program that leads to a recognized postsecondary credential), and taking into consideration the ability of the providers to meet performance accountability measures based on primary indicators of performance for the youth program as described in section 116(b)(2)(A)(ii), as described in section 102(b)(2)(D)(i)(V), and shall conduct oversight with respect to such providers. (b) Exceptions A local board may award grants or contracts on a sole-source basis if such board determines there is an insufficient number of eligible providers of youth workforce investment activities in the local area involved (such as a rural area) for grants and contracts to be awarded on a competitive basis under subsection (a). 2 Youth workforce investment activities 126. General authorization The Secretary shall make an allotment under section 127(b)(1)(C) to each State that meets the requirements of section 102 or 103 and a grant under section 127(b)(1)(B) to each outlying area that complies with the requirements of this title, to assist the State or outlying area, and to enable the State or outlying area to assist local areas, for the purpose of providing workforce investment activities for eligible youth in the State or outlying area and in the local areas. 127. State allotments (a) In general The Secretary shall— (1) for each fiscal year for which the amount appropriated under section 136(a) exceeds $925,000,000, reserve 4 percent of the excess amount to provide youth workforce investment activities under section 167 (relating to migrant and seasonal farmworkers); and (2) use the remainder of the amount appropriated under section 136(a) for a fiscal year to make allotments and grants in accordance with subsection (b). (b) Allotment among States (1) Youth workforce investment activities (A) Native americans From the amount appropriated under section 136(a) for a fiscal year that is not reserved under subsection (a)(1), the Secretary shall reserve not more than 1 1/2 percent of such amount to provide youth workforce investment activities under section 166 (relating to Native Americans). (B) Outlying areas (i) In general From the amount appropriated under section 136(a) for each fiscal year that is not reserved under subsection (a)(1) and subparagraph (A), the Secretary shall reserve not more than 1/4 of 1 percent of such amount to provide assistance to the outlying areas to carry out youth workforce investment activities and statewide workforce investment activities. (ii) Limitation for outlying areas (I) Competitive grants The Secretary shall use funds reserved under clause (i) to award grants to outlying areas to carry out youth workforce investment activities and statewide workforce investment activities. (II) Award basis The Secretary shall award grants pursuant to subclause (I) on a competitive basis and pursuant to the recommendations of experts in the field of employment and training, working through the Pacific Region Educational Laboratory in Honolulu, Hawaii. (III) Administrative costs The Secretary may provide not more than 5 percent of the funds made available for grants under subclause (I) to pay the administrative costs of the Pacific Region Educational Laboratory in Honolulu, Hawaii, regarding activities assisted under this clause. (iii) Additional requirement The provisions of section 501 of Public Law 95–134 ( 48 U.S.C. 1469a ), permitting the consolidation of grants by the outlying areas, shall not apply to assistance provided to those areas, including Palau, under this subparagraph. (C) States (i) In general From the remainder of the amount appropriated under section 136(a) for a fiscal year that exists after the Secretary determines the amounts to be reserved under subsection (a)(1) and subparagraphs (A) and (B), the Secretary shall make allotments to the States in accordance with clause (ii) for youth workforce investment activities and statewide workforce investment activities. (ii) Formula Subject to clauses (iii) and (iv), of the remainder— (I) 33 1/3 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (II) 33 1/3 percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and (III) 33 1/3 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States, except as described in clause (iii). (iii) Calculation In determining an allotment under clause (ii)(III) for any State in which there is an area that was designated as a local area as described in section 107(c)(1)(C), the allotment shall be based on the higher of— (I) the number of individuals who are age 16 through 21 in families with an income below the low-income level in such area; or (II) the number of disadvantaged youth in such area. (iv) Minimum and maximum percentages and minimum allotments In making allotments under this subparagraph, the Secretary shall ensure the following: (I) Minimum percentage and allotment Subject to subclause (IV), the Secretary shall ensure that no State shall receive an allotment for a fiscal year that is less than the greater of— (aa) an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year; or (bb) 100 percent of the allotments of the State under section 127(b)(1)(C) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act) for fiscal year 2014. (II) Small state minimum allotment Subject to subclauses (I), (III), and (IV), the Secretary shall ensure that no State shall receive an allotment under this subparagraph that is less than the total of— (aa) 3/10 of 1 percent of $1,000,000,000 of the remainder described in clause (i) for the fiscal year; and (bb) if the remainder described in clause (i) for the fiscal year exceeds $1,000,000,000, 2/5 of 1 percent of the excess. (III) Maximum percentage Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year. (IV) Minimum funding In any fiscal year in which the remainder described in clause (i) does not exceed $1,000,000,000, the minimum allotments under subclauses (I) and (II) shall be calculated by the methodology specified in section 127(b)(1)(C)(iv)(IV) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act). (2) Definitions For the purpose of the formula specified in paragraph (1)(C): (A) Allotment percentage The term allotment percentage , used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the remainder described in paragraph (1)(C)(i) that is received through an allotment made under paragraph (1)(C) for the fiscal year. The term, used with respect to fiscal year 2014, means the percentage of the amount allotted to States under section 127(b)(1)(C) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act) that is received under such section by the State involved for fiscal year 2014. (B) Area of substantial unemployment The term area of substantial unemployment means any area that is of sufficient size and scope to sustain a program of workforce investment activities carried out under this subtitle and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. For purposes of this subparagraph, determinations of areas of substantial unemployment shall be made once each fiscal year. (C) Disadvantaged youth Subject to paragraph (3), the term disadvantaged youth means an individual who is age 16 through 21 who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of— (i) the poverty line; or (ii) 70 percent of the lower living standard income level. (D) Excess number The term excess number means, used with respect to the excess number of unemployed individuals within a State, the higher of— (i) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or (ii) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State. (E) Low-income level The term low-income level means $7,000 with respect to income in 1969, and for any later year means that amount that bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000. (3) Special rule For the purpose of the formula specified in paragraph (1)(C), the Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of disadvantaged youth. (c) Reallotment (1) In general The Secretary shall, in accordance with this subsection, reallot to eligible States amounts that are made available to States from allotments made under this section or a corresponding provision of the Workforce Investment Act of 1998 for youth workforce investment activities and statewide workforce investment activities (referred to individually in this subsection as a State allotment ) and that are available for reallotment. (2) Amount The amount available for reallotment for a program year is equal to the amount by which the unobligated balance of the State allotment, at the end of the program year prior to the program year for which the determination under this paragraph is made, exceeds 20 percent of such allotment for the prior program year. (3) Reallotment In making reallotments to eligible States of amounts available pursuant to paragraph (2) for a program year, the Secretary shall allot to each eligible State an amount based on the relative amount of the State allotment for the program year for which the determination is made, as compared to the total amount of the State allotments for all eligible States for such program year. (4) Eligibility For purposes of this subsection, an eligible State means a State that does not have an amount available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made. (5) Procedures The Governor shall prescribe uniform procedures for the obligation of funds by local areas within the State in order to avoid the requirement that funds be made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making funds available from the State and local areas in the event that a State is required to make funds available for reallotment under this subsection. 128. Within State allocations (a) Reservations for statewide activities (1) In general The Governor shall reserve not more than 15 percent of each of the amounts allotted to the State under section 127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of section 132(b) for a fiscal year for statewide workforce investment activities. (2) Use of funds Regardless of whether the reserved amounts were allotted under section 127(b)(1)(C), or under paragraph (1)(B) or (2)(B) of section 132(b), the Governor may use the reserved amounts to carry out statewide activities under section 129(b) or statewide employment and training activities, for adults or dislocated workers, under section 134(a). (b) Within State allocations (1) Methods The Governor, acting in accordance with the State plan, and after consulting with chief elected officials and local boards in the local areas, shall allocate the funds that are allotted to the State for youth activities and statewide workforce investment activities under section 127(b)(1)(C) and are not reserved under subsection (a), in accordance with paragraph (2) or (3). (2) Formula allocation (A) Youth activities (i) Allocation In allocating the funds described in paragraph (1) to local areas, a State may allocate— (I) 33 1/3 percent of the funds on the basis described in section 127(b)(1)(C)(ii)(I); (II) 33 1/3 percent of the funds on the basis described in section 127(b)(1)(C)(ii)(II); and (III) 33 1/3 percent of the funds on the basis described in clauses (ii)(III) and (iii) of section 127(b)(1)(C). (ii) Minimum percentage The local area shall not receive an allocation percentage for a fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph. (iii) Definition In this subparagraph, the term allocation percentage , used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph, for the fiscal year. The term, used with respect to fiscal year 2013 or 2014, means a percentage of the funds referred to in section 128(b)(1) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), received through an allocation made under paragraph (2) or (3) of section 128(b) of the Workforce Investment Act of 1998 (as so in effect), for the fiscal year 2013 or 2014, respectively. (B) Application For purposes of carrying out subparagraph (A)— (i) references in section 127(b) to a State shall be deemed to be references to a local area; (ii) references in section 127(b) to all States shall be deemed to be references to all local areas in the State involved; and (iii) except as described in clause (i), references in section 127(b)(1) to the term excess number shall be considered to be references to the term as defined in section 127(b)(2). (3) Youth discretionary allocation In lieu of making the allocation described in paragraph (2), in allocating the funds described in paragraph (1) to local areas, a State may distribute— (A) a portion equal to not less than 70 percent of the funds in accordance with paragraph (2)(A); and (B) the remaining portion of the funds on the basis of a formula that— (i) incorporates additional factors (other than the factors described in paragraph (2)(A)) relating to— (I) excess youth poverty in urban, rural, and suburban local areas; and (II) excess unemployment above the State average in urban, rural, and suburban local areas; and (ii) was developed by the State board and approved by the Secretary as part of the State plan. (4) Local administrative cost limit (A) In general Of the amount allocated to a local area under this subsection and section 133(b) for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities under this chapter or chapter 3. (B) Use of funds Funds made available for administrative costs under subparagraph (A) may be used for the administrative costs of any of the local workforce investment activities described in this chapter or chapter 3, regardless of whether the funds were allocated under this subsection or section 133(b). (c) Reallocation among local areas (1) In general The Governor may, in accordance with this subsection and after consultation with the State board, reallocate to eligible local areas within the State amounts that are made available to local areas from allocations made under this section or a corresponding provision of the Workforce Investment Act of 1998 for youth workforce investment activities (referred to individually in this subsection as a local allocation ) and that are available for reallocation. (2) Amount The amount available for reallocation for a program year is equal to the amount by which the unobligated balance of the local allocation, at the end of the program year prior to the program year for which the determination under this paragraph is made, exceeds 20 percent of such allocation for the prior program year. (3) Reallocation In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount of the local allocation for the program year for which the determination is made, as compared to the total amount of the local allocations for all eligible local areas in the State for such program year. (4) Eligibility For purposes of this subsection, an eligible local area means a local area that does not have an amount available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made. 129. Use of funds for youth workforce investment activities (a) Youth participant eligibility (1) Eligibility (A) In general To be eligible to participate in activities carried out under this chapter during any program year an individual shall, at the time the eligibility determination is made, be an out-of-school youth or an in-school youth. (B) Out-of-school youth In this title, the term out-of-school youth means an individual who is— (i) not attending any school (as defined under State law); (ii) not younger than age 16 or older than age 24; and (iii) one or more of the following: (I) A school dropout. (II) A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter. (III) A recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is— (aa) basic skills deficient; or (bb) an English language learner. (IV) An individual who is subject to the juvenile or adult justice system. (V) A homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6) )), a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) )), a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act ( 42 U.S.C. 677 ), or in an out-of-home placement. (VI) An individual who is pregnant or parenting. (VII) A youth who is an individual with a disability. (VIII) A low-income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment. (C) In-school youth In this section, the term in-school youth means an individual who is— (i) attending school (as defined by State law); (ii) not younger than age 14 or (unless an individual with a disability who is attending school under State law) older than age 21; (iii) a low-income individual; and (iv) one or more of the following: (I) Basic skills deficient. (II) An English language learner. (III) An offender. (IV) A homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6) )), a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) )), a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act ( 42 U.S.C. 677 ), or in an out-of-home placement. (V) Pregnant or parenting. (VI) A youth who is an individual with a disability. (VII) An individual who requires additional assistance to complete an educational program or to secure or hold employment. (2) Special rule For the purpose of this subsection, the term low-income , used with respect to an individual, also includes a youth living in a high-poverty area. (3) Exception and limitation (A) Exception for persons who are not low-income individuals (i) Definition In this subparagraph, the term covered individual means an in-school youth, or an out-of-school youth who is described in subclause (III) or (VIII) of paragraph (1)(B)(iii). (ii) Exception In each local area, not more than 5 percent of the individuals assisted under this section may be persons who would be covered individuals, except that the persons are not low-income individuals. (B) Limitation In each local area, not more than 5 percent of the in-school youth assisted under this section may be eligible under paragraph (1) because the youth are in-school youth described in paragraph (1)(C)(iv)(VII). (4) Out-of-school priority (A) In general For any program year, not less than 75 percent of the funds allotted under section 127(b)(1)(C), reserved under section 128(a), and available for statewide activities under subsection (b), and not less than 75 percent of funds available to local areas under subsection (c), shall be used to provide youth workforce investment activities for out-of-school youth. (B) Exception A State that receives a minimum allotment under section 127(b)(1) in accordance with section 127(b)(1)(C)(iv) or under section 132(b)(1) in accordance with section 132(b)(1)(B)(iv) may decrease the percentage described in subparagraph (A) to not less than 50 percent for a local area in the State, if— (i) after an analysis of the in-school youth and out-of-school youth populations in the local area, the State determines that the local area will be unable to use at least 75 percent of the funds available for activities under subsection (c) to serve out-of-school youth due to a low number of out-of-school youth; and (ii) (I) the State submits to the Secretary, for the local area, a request including a proposed percentage decreased to not less than 50 percent for purposes of subparagraph (A), and a summary of the analysis described in clause (i); and (II) the request is approved by the Secretary. (5) Consistency with compulsory school attendance laws In providing assistance under this section to an individual who is required to attend school under applicable State compulsory school attendance laws, the priority in providing such assistance shall be for the individual to attend school regularly. (b) Statewide activities (1) Required Statewide Youth Activities Funds reserved by a Governor as described in sections 128(a) and 133(a)(1) shall be used, regardless of whether the funds were allotted to the State under section 127(b)(1)(C) or under paragraph (1)(B) or (2)(B) of section 132(b) for statewide activities, which shall include— (A) conducting evaluations under section 116(e) of activities authorized under this chapter and chapter 3 in coordination with evaluations carried out by the Secretary under section 169(a); (B) disseminating a list of eligible providers of youth workforce investment activities, as determined under section 123; (C) providing assistance to local areas as described in subsections (b)(6) and (c)(2) of section 106, for local coordination of activities carried out under this title; (D) operating a fiscal and management accountability information system under section 116(i); (E) carrying out monitoring and oversight of activities carried out under this chapter and chapter 3, which may include a review comparing the services provided to male and female youth; and (F) providing additional assistance to local areas that have high concentrations of eligible youth. (2) Allowable statewide youth activities Funds reserved by a Governor as described in sections 128(a) and 133(a)(1) may be used, regardless of whether the funds were allotted to the State under section 127(b)(1)(C) or under paragraph (1)(B) or (2)(B) of section 132(b), for statewide activities, which may include— (A) conducting— (i) research related to meeting the education and employment needs of eligible youth; and (ii) demonstration projects related to meeting the education and employment needs of eligible youth; (B) supporting the development of alternative, evidence-based programs and other activities that enhance the choices available to eligible youth and encourage such youth to reenter and complete secondary education, enroll in postsecondary education and advanced training, progress through a career pathway, and enter into unsubsidized employment that leads to economic self-sufficiency; (C) supporting the provision of career services described in section 134(c)(2) in the one-stop delivery system in the State; (D) supporting financial literacy, including— (i) supporting the ability of participants to create household budgets, initiate savings plans, and make informed financial decisions about education, retirement, home ownership, wealth building, or other savings goals; (ii) supporting the ability to manage spending, credit, and debt, including credit card debt, effectively; (iii) increasing awareness of the availability and significance of credit reports and credit scores in obtaining credit, including determining their accuracy (and how to correct inaccuracies in the reports and scores), and their effect on credit terms; (iv) supporting the ability to understand, evaluate, and compare financial products, services, and opportunities; and (v) supporting activities that address the particular financial literacy needs of non-English speakers, including providing the support through the development and distribution of multilingual financial literacy and education materials; and (E) providing technical assistance to, as appropriate, local boards, chief elected officials, one-stop operators, one-stop partners, and eligible providers, in local areas, which provision of technical assistance shall include the development and training of staff, the development of exemplary program activities, the provision of technical assistance to local areas that fail to meet local performance accountability measures described in section 116(c), and the provision of technology to facilitate remote access to services provided through the one-stop delivery system in the State. (3) Limitation Not more than 5 percent of the funds allotted to a State under section 127(b)(1)(C) shall be used by the State for administrative activities carried out under this subsection or section 134(a). (c) Local elements and requirements (1) Program design Funds allocated to a local area for eligible youth under section 128(b) shall be used to carry out, for eligible youth, programs that— (A) provide an objective assessment of the academic levels, skill levels, and service needs of each participant, which assessment shall include a review of basic skills, occupational skills, prior work experience, employability, interests, aptitudes (including interests and aptitudes for nontraditional jobs), supportive service needs, and developmental needs of such participant, for the purpose of identifying appropriate services and career pathways for participants, except that a new assessment of a participant is not required if the provider carrying out such a program determines it is appropriate to use a recent assessment of the participant conducted pursuant to another education or training program; (B) develop service strategies for each participant that are directly linked to 1 or more of the indicators of performance described in section 116(b)(2)(A)(ii), and that shall identify career pathways that include education and employment goals (including, in appropriate circumstances, nontraditional employment), appropriate achievement objectives, and appropriate services for the participant taking into account the assessment conducted pursuant to subparagraph (A), except that a new service strategy for a participant is not required if the provider carrying out such a program determines it is appropriate to use a recent service strategy developed for the participant under another education or training program; (C) provide— (i) activities leading to the attainment of a secondary school diploma or its recognized equivalent, or a recognized postsecondary credential; (ii) preparation for postsecondary educational and training opportunities; (iii) strong linkages between academic instruction (based on State academic content and student academic achievement standards established under section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 )) and occupational education that lead to the attainment of recognized postsecondary credentials; (iv) preparation for unsubsidized employment opportunities, in appropriate cases; and (v) effective connections to employers, including small employers, in in-demand industry sectors and occupations of the local and regional labor markets; and (D) at the discretion of the local board, implement a pay-for-performance contract strategy for elements described in paragraph (2), for which the local board may reserve and use not more than 10 percent of the total funds allocated to the local area under section 128(b). (2) Program elements In order to support the attainment of a secondary school diploma or its recognized equivalent, entry into postsecondary education, and career readiness for participants, the programs described in paragraph (1) shall provide elements consisting of— (A) tutoring, study skills training, instruction, and evidence-based dropout prevention and recovery strategies that lead to completion of the requirements for a secondary school diploma or its recognized equivalent (including a recognized certificate of attendance or similar document for individuals with disabilities) or for a recognized postsecondary credential; (B) alternative secondary school services, or dropout recovery services, as appropriate; (C) paid and unpaid work experiences that have as a component academic and occupational education, which may include— (i) summer employment opportunities and other employment opportunities available throughout the school year; (ii) pre-apprenticeship programs; (iii) internships and job shadowing; and (iv) on-the-job training opportunities; (D) occupational skill training, which shall include priority consideration for training programs that lead to recognized postsecondary credentials that are aligned with in-demand industry sectors or occupations in the local area involved, if the local board determines that the programs meet the quality criteria described in section 123; (E) education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster; (F) leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social and civic behaviors, as appropriate; (G) supportive services; (H) adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months; (I) followup services for not less than 12 months after the completion of participation, as appropriate; (J) comprehensive guidance and counseling, which may include drug and alcohol abuse counseling and referral, as appropriate; (K) financial literacy education; (L) entrepreneurial skills training; (M) services that provide labor market and employment information about in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services; and (N) activities that help youth prepare for and transition to postsecondary education and training. (3) Additional requirements (A) Information and referrals Each local board shall ensure that each participant shall be provided— (i) information on the full array of applicable or appropriate services that are available through the local board or other eligible providers or one-stop partners, including those providers or partners receiving funds under this subtitle; and (ii) referral to appropriate training and educational programs that have the capacity to serve the participant either on a sequential or concurrent basis. (B) Applicants not meeting enrollment requirements Each eligible provider of a program of youth workforce investment activities shall ensure that an eligible applicant who does not meet the enrollment requirements of the particular program or who cannot be served shall be referred for further assessment, as necessary, and referred to appropriate programs in accordance with subparagraph (A) to meet the basic skills and training needs of the applicant. (C) Involvement in design and implementation The local board shall ensure that parents, participants, and other members of the community with experience relating to programs for youth are involved in the design and implementation of the programs described in paragraph (1). (4) Priority Not less than 20 percent of the funds allocated to the local area as described in paragraph (1) shall be used to provide in-school youth and out-of-school youth with activities under paragraph (2)(C). (5) Rule of construction Nothing in this chapter shall be construed to require that each of the elements described in subparagraphs of paragraph (2) be offered by each provider of youth services. (6) Prohibitions (A) Prohibition against Federal control of education No provision of this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution, school, or school system. (B) Noninterference and nonreplacement of regular academic requirements No funds described in paragraph (1) shall be used to provide an activity for eligible youth who are not school dropouts if participation in the activity would interfere with or replace the regular academic requirements of the youth. (7) Linkages In coordinating the programs authorized under this section, local boards shall establish linkages with local educational agencies responsible for services to participants as appropriate. (8) Volunteers The local board shall make opportunities available for individuals who have successfully participated in programs carried out under this section to volunteer assistance to participants in the form of mentoring, tutoring, and other activities. 3 Adult and dislocated worker employment and training activities 131. General authorization The Secretary shall make allotments under paragraphs (1)(B) and (2)(B) of section 132(b) to each State that meets the requirements of section 102 or 103 and grants under paragraphs (1)(A) and (2)(A) of section 132(b) to each outlying area that complies with the requirements of this title, to assist the State or outlying area, and to enable the State or outlying area to assist local areas, for the purpose of providing workforce investment activities for adults, and dislocated workers, in the State or outlying area and in the local areas. 132. State allotments (a) In general The Secretary shall— (1) make allotments and grants from the amount appropriated under section 136(b) for a fiscal year in accordance with subsection (b)(1); and (2) (A) reserve 20 percent of the amount appropriated under section 136(c) for the fiscal year for use under subsection (b)(2)(A), and under sections 168(b) (relating to dislocated worker technical assistance), 169(c) (relating to dislocated worker projects), and 170 (relating to national dislocated worker grants); and (B) make allotments from 80 percent of the amount appropriated under section 136(c) for the fiscal year in accordance with subsection (b)(2)(B). (b) Allotment among States (1) Adult employment and training activities (A) Reservation for outlying areas (i) In general From the amount made available under subsection (a)(1) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent of such amount to provide assistance to the outlying areas. (ii) Applicability of additional requirements From the amount reserved under clause (i), the Secretary shall provide assistance to the outlying areas for adult employment and training activities and statewide workforce investment activities in accordance with the requirements of section 127(b)(1)(B). (B) States (i) In general After determining the amount to be reserved under subparagraph (A), the Secretary shall allot the remainder of the amount made available under subsection (a)(1) for that fiscal year to the States pursuant to clause (ii) for adult employment and training activities and statewide workforce investment activities. (ii) Formula Subject to clauses (iii) and (iv), of the remainder— (I) 33 1/3 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (II) 33 1/3 percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and (III) 33 1/3 percent shall be allotted on the basis of the relative number of disadvantaged adults in each State, compared to the total number of disadvantaged adults in all States, except as described in clause (iii). (iii) Calculation In determining an allotment under clause (ii)(III) for any State in which there is an area that was designated as a local area as described in section 107(c)(1)(C), the allotment shall be based on the higher of— (I) the number of adults in families with an income below the low-income level in such area; or (II) the number of disadvantaged adults in such area. (iv) Minimum and maximum percentages and minimum allotments In making allotments under this subparagraph, the Secretary shall ensure the following: (I) Minimum percentage and allotment Subject to subclause (IV), the Secretary shall ensure that no State shall receive an allotment for a fiscal year that is an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year. (II) Small state minimum allotment Subject to subclauses (I), (III), and (IV), the Secretary shall ensure that no State shall receive an allotment under this subparagraph that is less than the total of— (aa) 3/10 of 1 percent of $960,000,000 of the remainder described in clause (i) for the fiscal year; and (bb) if the remainder described in clause (i) for the fiscal year exceeds $960,000,000, 2/5 of 1 percent of the excess. (III) Maximum percentage Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year. (IV) Minimum funding In any fiscal year in which the remainder described in clause (i) does not exceed $960,000,000, the minimum allotments under subclauses (I) and (II) shall be calculated by the methodology specified in section 132(b)(1)(B)(iv)(IV) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act). (v) Definitions For the purpose of the formula specified in this subparagraph: (I) Adult The term adult means an individual who is not less than age 22 and not more than age 72. (II) Allotment percentage The term allotment percentage , used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the remainder described in clause (i) that is received through an allotment made under this subparagraph for the fiscal year. The term, used with respect to fiscal year 2014, means the percentage of the amount allotted to States under section 132(b)(1)(B) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act) that is received under such section by the State involved for fiscal year 2014. (III) Area of substantial unemployment The term area of substantial unemployment means any area that is of sufficient size and scope to sustain a program of workforce investment activities carried out under this subtitle and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. For purposes of this subclause, determinations of areas of substantial unemployment shall be made once each fiscal year. (IV) Disadvantaged adult Subject to subclause (V), the term disadvantaged adult means an adult who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of— (aa) the poverty line; or (bb) 70 percent of the lower living standard income level. (V) Disadvantaged adult special rule The Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of disadvantaged adults. (VI) Excess number The term excess number means, used with respect to the excess number of unemployed individuals within a State, the higher of— (aa) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or (bb) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State. (VII) Low-income level The term low-income level means $7,000 with respect to income in 1969, and for any later year means that amount that bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000. (2) Dislocated worker employment and training activities (A) Reservation for outlying areas (i) In general From the amount made available under subsection (a)(2)(A) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent of the amount appropriated under section 136(c) for the fiscal year to provide assistance to the outlying areas. (ii) Applicability of additional requirements From the amount reserved under clause (i), the Secretary shall provide assistance to the outlying areas for dislocated worker employment and training activities and statewide workforce investment activities in accordance with the requirements of section 127(b)(1)(B). (B) States (i) In general The Secretary shall allot the amount referred to in subsection (a)(2)(B) for a fiscal year to the States pursuant to clause (ii) for dislocated worker employment and training activities and statewide workforce investment activities. (ii) Formula Subject to clause (iii), of the amount— (I) 33 1/3 percent shall be allotted on the basis of the relative number of unemployed individuals in each State, compared to the total number of unemployed individuals in all States; (II) 33 1/3 percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and (III) 33 1/3 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more. (iii) Minimum and maximum percentages and minimum allotments In making allotments under this subparagraph, for fiscal year 2016 and each subsequent fiscal year, the Secretary shall ensure the following: (I) Minimum percentage and allotment The Secretary shall ensure that no State shall receive an allotment for a fiscal year that is an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year. (II) Maximum percentage Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year. (iv) Definitions For the purpose of the formula specified in this subparagraph: (I) Allotment percentage The term allotment percentage , used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the amount described in clause (i) that is received through an allotment made under this subparagraph for the fiscal year. (II) Excess number The term excess number means, used with respect to the excess number of unemployed individuals within a State, the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State. (c) Reallotment (1) In general The Secretary shall, in accordance with this subsection, reallot to eligible States amounts that are made available to States from allotments made under this section or a corresponding provision of the Workforce Investment Act of 1998 for employment and training activities and statewide workforce investment activities (referred to individually in this subsection as a State allotment ) and that are available for reallotment. (2) Amount The amount available for reallotment for a program year for programs funded under subsection (b)(1)(B) (relating to adult employment and training) or for programs funded under subsection (b)(2)(B) (relating to dislocated worker employment and training) is equal to the amount by which the unobligated balance of the State allotments for adult employment and training activities or dislocated worker employment and training activities, respectively, at the end of the program year prior to the program year for which the determination under this paragraph is made, exceeds 20 percent of such allotments for the prior program year. (3) Reallotment In making reallotments to eligible States of amounts available pursuant to paragraph (2) for a program year, the Secretary shall allot to each eligible State an amount based on the relative amount of the State allotment under paragraph (1)(B) or (2)(B), respectively, of subsection (b) for the program year for which the determination is made, as compared to the total amount of the State allotments under paragraph (1)(B) or (2)(B), respectively, of subsection (b) for all eligible States for such program year. (4) Eligibility For purposes of this subsection, an eligible State means— (A) with respect to funds allotted through a State allotment for adult employment and training activities, a State that does not have an amount of such funds available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made; and (B) with respect to funds allotted through a State allotment for dislocated worker employment and training activities, a State that does not have an amount of such funds available for reallotment under paragraph (2) for the program year for which the determination under paragraph (2) is made. (5) Procedures The Governor shall prescribe uniform procedures for the obligation of funds by local areas within the State in order to avoid the requirement that funds be made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making funds available from the State and local areas in the event that a State is required to make funds available for reallotment under this subsection. 133. Within State allocations (a) Reservations for State activities (1) Statewide workforce investment activities The Governor shall make the reservation required under section 128(a). (2) Statewide rapid response activities The Governor shall reserve not more than 25 percent of the total amount allotted to the State under section 132(b)(2)(B) for a fiscal year for statewide rapid response activities described in section 134(a)(2)(A). (b) Within State allocation (1) Methods The Governor, acting in accordance with the State plan, and after consulting with chief elected officials and local boards in the local areas, shall allocate— (A) the funds that are allotted to the State for adult employment and training activities and statewide workforce investment activities under section 132(b)(1)(B) and are not reserved under subsection (a)(1), in accordance with paragraph (2) or (3); and (B) the funds that are allotted to the State for dislocated worker employment and training activities and statewide workforce investment activities under section 132(b)(2)(B) and are not reserved under paragraph (1) or (2) of subsection (a), in accordance with paragraph (2). (2) Formula allocations (A) Adult employment and training activities (i) Allocation In allocating the funds described in paragraph (1)(A) to local areas, a State may allocate— (I) 33 1/3 percent of the funds on the basis described in section 132(b)(1)(B)(ii)(I); (II) 33 1/3 percent of the funds on the basis described in section 132(b)(1)(B)(ii)(II); and (III) 33 1/3 percent of the funds on the basis described in clauses (ii)(III) and (iii) of section 132(b)(1)(B). (ii) Minimum percentage The local area shall not receive an allocation percentage for a fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph. (iii) Definition In this subparagraph, the term allocation percentage , used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph, for the fiscal year. The term, used with respect to fiscal year 2013 or 2014, means a percentage of the amount allocated to local areas under paragraphs (2)(A) and (3) of section 133(b) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), received through an allocation made under paragraph (2)(A) or (3) of that section for fiscal year 2013 or 2014, respectively. (B) Dislocated worker employment and training activities (i) Allocation In allocating the funds described in paragraph (1)(B) to local areas, a State shall allocate the funds based on an allocation formula prescribed by the Governor of the State. Such formula may be amended by the Governor not more than once for each program year. Such formula shall utilize the most appropriate information available to the Governor to distribute amounts to address the State's worker readjustment assistance needs. (ii) Information The information described in clause (i) shall include insured unemployment data, unemployment concentrations, plant closing and mass layoff data, declining industries data, farmer-rancher economic hardship data, and long-term unemployment data. (iii) Minimum percentage The local area shall not receive an allocation percentage for fiscal year 2016 or a subsequent fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph. (iv) Definition In this subparagraph, the term allocation percentage , used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph for the fiscal year. The term, used with respect to fiscal year 2014, means a percentage of the amount allocated to local areas under section 133(b)(2)(B) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), received through an allocation made under that section for fiscal year 2014. (C) Application For purposes of carrying out subparagraph (A)— (i) references in section 132(b) to a State shall be deemed to be references to a local area; (ii) references in section 132(b) to all States shall be deemed to be references to all local areas in the State involved; and (iii) except as described in clause (i), references in section 132(b)(1) to the term excess number shall be considered to be references to the term as defined in section 132(b)(1). (3) Adult employment and training discretionary allocations In lieu of making the allocation described in paragraph (2)(A), in allocating the funds described in paragraph (1)(A) to local areas, a State may distribute— (A) a portion equal to not less than 70 percent of the funds in accordance with paragraph (2)(A); and (B) the remaining portion of the funds on the basis of a formula that— (i) incorporates additional factors (other than the factors described in paragraph (2)(A)) relating to— (I) excess poverty in urban, rural, and suburban local areas; and (II) excess unemployment above the State average in urban, rural, and suburban local areas; and (ii) was developed by the State board and approved by the Secretary as part of the State plan. (4) Transfer authority A local board may transfer, if such a transfer is approved by the Governor, up to and including 100 percent of the funds allocated to the local area under paragraph (2)(A) or (3), and up to and including 100 percent of the funds allocated to the local area under paragraph (2)(B), for a fiscal year between— (A) adult employment and training activities; and (B) dislocated worker employment and training activities. (5) Allocation (A) In general The Governor shall allocate the funds described in paragraph (1) to local areas under paragraphs (2) and (3) for the purpose of providing a single system of employment and training activities for adults and dislocated workers in accordance with subsections (c) and (d) of section 134. (B) Additional requirements (i) Adults Funds allocated under paragraph (2)(A) or (3) shall be used by a local area to contribute to the costs of the one-stop delivery system described in section 121(e) as determined under section 121(h) and to pay for employment and training activities provided to adults in the local area, consistent with section 134. (ii) Dislocated workers Funds allocated under paragraph (2)(B) shall be used by a local area to contribute to the costs of the one-stop delivery system described in section 121(e) as determined under section 121(h) and to pay for employment and training activities provided to dislocated workers in the local area, consistent with section 134. (c) Reallocation among local areas (1) In general The Governor may, in accordance with this subsection and after consultation with the State board, reallocate to eligible local areas within the State amounts that are made available to local areas from allocations made under paragraph (2)(A) or (3) of subsection (b) or a corresponding provision of the Workforce Investment Act of 1998 for adult employment and training activities, or under subsection (b)(2)(B) or a corresponding provision of the Workforce Investment Act of 1998 for dislocated worker employment and training activities (referred to individually in this subsection as a local allocation ) and that are available for reallocation. (2) Amount The amount available for reallocation for a program year— (A) for adult employment and training activities is equal to the amount by which the unobligated balance of the local allocation under paragraph (2)(A) or (3) of subsection (b) for such activities, at the end of the program year prior to the program year for which the determination under this subparagraph is made, exceeds 20 percent of such allocation for the prior program year; and (B) for dislocated worker employment and training activities is equal to the amount by which the unobligated balance of the local allocation under subsection (b)(2)(B) for such activities, at the end of the program year prior to the program year for which the determination under this subparagraph is made, exceeds 20 percent of such allocation for the prior program year. (3) Reallocation In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State— (A) with respect to such available amounts that were allocated under paragraph (2)(A) or (3) of subsection (b), an amount based on the relative amount of the local allocation under paragraph (2)(A) or (3) of subsection (b), as appropriate, for the program year for which the determination is made, as compared to the total amount of the local allocations under paragraph (2)(A) or (3) of subsection (b), as appropriate, for all eligible local areas in the State for such program year; and (B) with respect to such available amounts that were allocated under subsection (b)(2)(B), an amount based on the relative amount of the local allocation under subsection (b)(2)(B) for the program year for which the determination is made, as compared to the total amount of the local allocations under subsection (b)(2)(B) for all eligible local areas in the State for such program year. (4) Eligibility For purposes of this subsection, an eligible local area means— (A) with respect to funds allocated through a local allocation for adult employment and training activities, a local area that does not have an amount of such funds available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made; and (B) with respect to funds allocated through a local allocation for dislocated worker employment and training activities, a local area that does not have an amount of such funds available for reallocation under paragraph (2) for the program year for which the determination under paragraph (2) is made. 134. Use of funds for employment and training activities (a) Statewide employment and training activities (1) In general Funds reserved by a Governor— (A) as described in section 133(a)(2) shall be used to carry out the statewide rapid response activities described in paragraph (2)(A); and (B) as described in sections 128(a) and 133(a)(1)— (i) shall be used to carry out the statewide employment and training activities described in paragraph (2)(B); and (ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3), regardless of whether the funds were allotted to the State under section 127(b)(1) or under paragraph (1) or (2) of section 132(b). (2) Required statewide employment and training activities (A) Statewide rapid response activities (i) In general A State shall carry out statewide rapid response activities using funds reserved by the Governor for the State under section 133(a)(2), which activities shall include— (I) provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials for the local areas; and (II) provision of additional assistance to local areas that experience disasters, mass layoffs, or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State, working in conjunction with the local boards and the chief elected officials for the local areas. (ii) Use of unobligated funds Funds reserved by a Governor under section 133(a)(2), and section 133(a)(2) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of this Act), to carry out this subparagraph that remain unobligated after the first program year for which such funds were allotted may be used by the Governor to carry out statewide activities authorized under subparagraph (B) or paragraph (3)(A), in addition to activities under this subparagraph. (B) Statewide employment and training activities Funds reserved by a Governor under sections 128(a)(1) and 133(a)(1) and not used under paragraph (1)(A) (regardless of whether the funds were allotted to the States under section 127(b)(1)(C) or paragraph (1)(B) or (2)(B) of section 132(b)) shall be used for statewide employment and training activities, including— (i) providing assistance to— (I) State entities and agencies, local areas, and one-stop partners in carrying out the activities described in the State plan, including the coordination and alignment of data systems used to carry out the requirements of this Act; (II) local areas for carrying out the regional planning and service delivery efforts required under section 106(c); (III) local areas by providing information on and support for the effective development, convening, and implementation of industry or sector partnerships; and (IV) local areas, one-stop operators, one-stop partners, and eligible providers, including the development and training of staff, which may include the development and training of staff to provide opportunities for individuals with barriers to employment to enter in-demand industry sectors or occupations and nontraditional occupations, the development of exemplary program activities, and the provision of technical assistance to local areas that fail to meet local performance accountability measures described in section 116(c); (ii) providing assistance to local areas as described in section 106(b)(6); (iii) operating a fiscal and management accountability information system in accordance with section 116(i); (iv) carrying out monitoring and oversight of activities carried out under this chapter and chapter 2; (v) disseminating— (I) the State list of eligible providers of training services, including eligible providers of nontraditional training services and eligible providers of apprenticeship programs described in section 122(a)(2)(B); (II) information identifying eligible providers of on-the-job training, customized training, incumbent worker training, internships, paid or unpaid work experience opportunities, or transitional jobs; (III) information on effective outreach to, partnerships with, and services for, business; (IV) information on effective service delivery strategies to serve workers and job seekers; (V) performance information and information on the cost of attendance (including tuition and fees) for participants in applicable programs, as described in subsections (d) and (h) of section 122; and (VI) information on physical and programmatic accessibility, in accordance with section 188, if applicable, and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), for individuals with disabilities; and (vi) conducting evaluations under section 116(e) of activities authorized under this chapter and chapter 2 in coordination with evaluations carried out by the Secretary under section 169(a). (3) Allowable statewide employment and training activities (A) In general Funds reserved by a Governor under sections 128(a)(1) and 133(a)(1) and not used under paragraph (1)(A) or (2)(B) (regardless of whether the funds were allotted to the State under section 127(b)(1)(C) or paragraph (1)(B) or (2)(B) of section 132(b)) may be used to carry out additional statewide employment and training activities, which may include— (i) implementing innovative programs and strategies designed to meet the needs of all employers (including small employers) in the State, which programs and strategies may include incumbent worker training programs, customized training, sectoral and industry cluster strategies and implementation of industry or sector partnerships, career pathway programs, microenterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, layoff aversion strategies, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce development system more relevant to the needs of State and local businesses, consistent with the objectives of this title; (ii) developing strategies for effectively serving individuals with barriers to employment and for coordinating programs and services among one-stop partners; (iii) the development or identification of education and training programs that respond to real-time labor market analysis, that utilize direct assessment and prior learning assessment to measure and provide credit for prior knowledge, skills, competencies, and experiences, that evaluate such skills and competencies for adaptability, that ensure credits are portable and stackable for more skilled employment, and that accelerate course or credential completion; (iv) implementing programs to increase the number of individuals training for and placed in nontraditional employment; (v) carrying out activities to facilitate remote access to services, including training services described in subsection (c)(3), provided through a one-stop delivery system, including facilitating access through the use of technology; (vi) supporting the provision of career services described in subsection (c)(2) in the one-stop delivery systems in the State; (vii) coordinating activities with the child welfare system to facilitate provision of services for children and youth who are eligible for assistance under section 477 of the Social Security Act ( 42 U.S.C. 677 ); (viii) activities— (I) to improve coordination of workforce investment activities with economic development activities; (II) to improve coordination of employment and training activities with— (aa) child support services, and assistance provided by State and local agencies carrying out part D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ); (bb) cooperative extension programs carried out by the Department of Agriculture; (cc) programs carried out in local areas for individuals with disabilities, including programs carried out by State agencies relating to intellectual disabilities and developmental disabilities, activities carried out by Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d ), programs funded under part B of chapter 1 of title VII of such Act ( 29 U.S.C. 796e et seq. ), and activities carried out by centers for independent living, as defined in section 702 of such Act ( 29 U.S.C. 796a ); (dd) adult education and literacy activities, including those provided by public libraries; (ee) activities in the corrections system that assist ex-offenders in reentering the workforce; and (ff) financial literacy activities including those described in section 129(b)(2)(D); and (III) consisting of development and dissemination of workforce and labor market information; (ix) conducting research and demonstration projects related to meeting the employment and education needs of adult and dislocated workers; (x) implementing promising services for workers and businesses, which may include providing support for education, training, skill upgrading, and statewide networking for employees to become workplace learning advisors and maintain proficiency in carrying out the activities associated with such advising; (xi) providing incentive grants to local areas for performance by the local areas on local performance accountability measures described in section 116(c); (xii) adopting, calculating, or commissioning for approval an economic self-sufficiency standard for the State that specifies the income needs of families, by family size, the number and ages of children in the family, and substate geographical considerations; (xiii) developing and disseminating common intake procedures and related items, including registration processes, materials, or software; and (xiv) providing technical assistance to local areas that are implementing pay-for-performance contract strategies, which technical assistance may include providing assistance with data collection, meeting data entry requirements, identifying levels of performance, and conducting evaluations of such strategies. (B) Limitation (i) In general Of the funds allotted to a State under sections 127(b) and 132(b) and reserved as described in sections 128(a) and 133(a)(1) for a fiscal year— (I) not more than 5 percent of the amount allotted under section 127(b)(1); (II) not more than 5 percent of the amount allotted under section 132(b)(1); and (III) not more than 5 percent of the amount allotted under section 132(b)(2), may be used by the State for the administration of statewide youth workforce investment activities carried out under section 129 and statewide employment and training activities carried out under this section. (ii) Use of funds Funds made available for administrative costs under clause (i) may be used for the administrative cost of any of the statewide youth workforce investment activities or statewide employment and training activities, regardless of whether the funds were allotted to the State under section 127(b)(1) or paragraph (1) or (2) of section 132(b). (b) Local employment and training activities Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to a local area for dislocated workers under section 133(b)(2)(B)— (1) shall be used to carry out employment and training activities described in subsection (c) for adults or dislocated workers, respectively; and (2) may be used to carry out employment and training activities described in subsection (d) for adults or dislocated workers, respectively. (c) Required local employment and training activities (1) In general (A) Allocated funds Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), shall be used— (i) to establish a one-stop delivery system described in section 121(e); (ii) to provide the career services described in paragraph (2) to adults and dislocated workers, respectively, through the one-stop delivery system in accordance with such paragraph; (iii) to provide training services described in paragraph (3) to adults and dislocated workers, respectively, described in such paragraph; (iv) to establish and develop relationships and networks with large and small employers and their intermediaries; and (v) to develop, convene, or implement industry or sector partnerships. (B) Other funds Consistent with subsections (h) and (i) of section 121, a portion of the funds made available under Federal law authorizing the programs and activities described in section 121(b)(1)(B), including the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), shall be used as described in clauses (i) and (ii) of subparagraph (A), to the extent not inconsistent with the Federal law involved. (2) Career services (A) Services provided Funds described in paragraph (1) shall be used to provide career services, which shall be available to individuals who are adults or dislocated workers through the one-stop delivery system and shall, at a minimum, include— (i) determinations of whether the individuals are eligible to receive assistance under this subtitle; (ii) outreach, intake (which may include worker profiling), and orientation to the information and other services available through the one-stop delivery system; (iii) initial assessment of skill levels (including literacy, numeracy, and English language proficiency), aptitudes, abilities (including skills gaps), and supportive service needs; (iv) labor exchange services, including— (I) job search and placement assistance and, in appropriate cases, career counseling, including— (aa) provision of information on in-demand industry sectors and occupations; and (bb) provision of information on nontraditional employment; and (II) appropriate recruitment and other business services on behalf of employers, including small employers, in the local area, which services may include services described in this subsection, such as providing information and referral to specialized business services not traditionally offered through the one-stop delivery system; (v) provision of referrals to and coordination of activities with other programs and services, including programs and services within the one-stop delivery system and, in appropriate cases, other workforce development programs; (vi) provision of workforce and labor market employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including— (I) job vacancy listings in such labor market areas; (II) information on job skills necessary to obtain the jobs described in subclause (I); and (III) information relating to local occupations in demand and the earnings, skill requirements, and opportunities for advancement for such occupations; and (vii) provision of performance information and program cost information on eligible providers of training services as described in section 122, provided by program, and eligible providers of youth workforce investment activities described in section 123, providers of adult education described in title II, providers of career and technical education activities at the postsecondary level, and career and technical education activities available to school dropouts, under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), and providers of vocational rehabilitation services described in title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (viii) provision of information, in formats that are usable by and understandable to one-stop center customers, regarding how the local area is performing on the local performance accountability measures described in section 116(c) and any additional performance information with respect to the one-stop delivery system in the local area; (ix) (I) provision of information, in formats that are usable by and understandable to one-stop center customers, relating to the availability of supportive services or assistance, including child care, child support, medical or child health assistance under title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. and 1397aa et seq.), benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), assistance through the earned income tax credit under section 32 of the Internal Revenue Code of 1986, and assistance under a State program for temporary assistance for needy families funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) and other supportive services and transportation provided through funds made available under such part, available in the local area; and (II) referral to the services or assistance described in subclause (I), as appropriate; (x) provision of information and assistance regarding filing claims for unemployment compensation; (xi) assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act; (xii) services, if determined to be appropriate in order for an individual to obtain or retain employment, that consist of— (I) comprehensive and specialized assessments of the skill levels and service needs of adults and dislocated workers, which may include— (aa) diagnostic testing and use of other assessment tools; and (bb) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; (II) development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant to achieve the employment goals, including providing information on eligible providers of training services pursuant to paragraph (3)(F)(ii), and career pathways to attain career objectives; (III) group counseling; (IV) individual counseling; (V) career planning; (VI) short-term prevocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training; (VII) internships and work experiences that are linked to careers; (VIII) workforce preparation activities; (IX) financial literacy services, such as the activities described in section 129(b)(2)(D); (X) out-of-area job search assistance and relocation assistance; or (XI) English language acquisition and integrated education and training programs; and (xiii) followup services, including counseling regarding the workplace, for participants in workforce investment activities authorized under this subtitle who are placed in unsubsidized employment, for not less than 12 months after the first day of the employment, as appropriate. (B) Use of previous assessments A one-stop operator or one-stop partner shall not be required to conduct a new interview, evaluation, or assessment of a participant under subparagraph (A)(xii) if the one-stop operator or one-stop partner determines that it is appropriate to use a recent interview, evaluation, or assessment of the participant conducted pursuant to another education or training program. (C) Delivery of services The career services described in subparagraph (A) shall be provided through the one-stop delivery system— (i) directly through one-stop operators identified pursuant to section 121(d); or (ii) through contracts with service providers, which may include contracts with public, private for-profit, and private nonprofit service providers, approved by the local board. (3) Training services (A) In general (i) Eligibility Except as provided in clause (ii), funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), shall be used to provide training services to adults and dislocated workers, respectively— (I) who, after an interview, evaluation, or assessment, and career planning, have been determined by a one-stop operator or one-stop partner, as appropriate, to— (aa) be unlikely or unable to obtain or retain employment, that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment, through the career services described in paragraph (2)(A)(xii); (bb) be in need of training services to obtain or retain employment that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment; and (cc) have the skills and qualifications to successfully participate in the selected program of training services; (II) who select programs of training services that are directly linked to the employment opportunities in the local area or the planning region, or in another area to which the adults or dislocated workers are willing to commute or relocate; (III) who meet the requirements of subparagraph (B); and (IV) who are determined to be eligible in accordance with the priority system in effect under subparagraph (E). (ii) Use of previous assessments A one-stop operator or one-stop partner shall not be required to conduct a new interview, evaluation, or assessment of a participant under clause (i) if the one-stop operator or one-stop partner determines that it is appropriate to use a recent interview, evaluation, or assessment of the participant conducted pursuant to another education or training program. (iii) Rule of construction Nothing in this subparagraph shall be construed to mean an individual is required to receive career services prior to receiving training services. (B) Qualification (i) Requirement Notwithstanding section 479B of the Higher Education Act of 1965 ( 20 U.S.C. 1087uu ) and except as provided in clause (ii), provision of such training services shall be limited to individuals who— (I) are unable to obtain other grant assistance for such services, including Federal Pell Grants established under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ); or (II) require assistance beyond the assistance made available under other grant assistance programs, including Federal Pell Grants. (ii) Reimbursements Training services may be provided under this paragraph to an individual who otherwise meets the requirements of this paragraph while an application for a Federal Pell Grant is pending, except that if such individual is subsequently awarded a Federal Pell Grant, appropriate reimbursement shall be made to the local area from such Federal Pell Grant. (iii) Consideration In determining whether an individual requires assistance under clause (i)(II), a one-stop operator (or one-stop partner, where appropriate) may take into consideration the full cost of participating in training services, including the costs of dependent care and transportation, and other appropriate costs. (C) Provider qualification Training services shall be provided through providers identified in accordance with section 122. (D) Training services Training services may include— (i) occupational skills training, including training for nontraditional employment; (ii) on-the-job training; (iii) incumbent worker training in accordance with subsection (d)(4); (iv) programs that combine workplace training with related instruction, which may include cooperative education programs; (v) training programs operated by the private sector; (vi) skill upgrading and retraining; (vii) entrepreneurial training; (viii) transitional jobs in accordance with subsection (d)(5); (ix) job readiness training provided in combination with services described in any of clauses (i) through (viii); (x) adult education and literacy activities, including activities of English language acquisition and integrated education and training programs, provided concurrently or in combination with services described in any of clauses (i) through (vii); and (xi) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training. (E) Priority With respect to funds allocated to a local area for adult employment and training activities under paragraph (2)(A) or (3) of section 133(b), priority shall be given to recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient for receipt of career services described in paragraph (2)(A)(xii) and training services. The appropriate local board and the Governor shall direct the one-stop operators in the local area with regard to making determinations related to such priority. (F) Consumer choice requirements (i) In general Training services provided under this paragraph shall be provided in a manner that maximizes consumer choice in the selection of an eligible provider of such services. (ii) Eligible providers Each local board, through one-stop centers, shall make available the list of eligible providers of training services described in section 122(d), and accompanying information, in accordance with section 122(d). (iii) Individual training accounts An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a career planner, select an eligible provider of training services from the list of providers described in clause (ii). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through an individual training account. (iv) Coordination Each local board may, through one-stop centers, coordinate funding for individual training accounts with funding from other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services. (v) Additional information Priority consideration shall, consistent with clause (i), be given to programs that lead to recognized postsecondary credentials that are aligned with in-demand industry sectors or occupations in the local area involved. (G) Use of individual training accounts (i) In general Except as provided in clause (ii), training services provided under this paragraph shall be provided through the use of individual training accounts in accordance with this paragraph, and shall be provided to eligible individuals through the one-stop delivery system. (ii) Training contracts Training services authorized under this paragraph may be provided pursuant to a contract for services in lieu of an individual training account if— (I) the requirements of subparagraph (F) are met; (II) such services are on-the-job training, customized training, incumbent worker training, or transitional employment; (III) the local board determines there are an insufficient number of eligible providers of training services in the local area involved (such as in a rural area) to accomplish the purposes of a system of individual training accounts; (IV) the local board determines that there is a training services program of demonstrated effectiveness offered in the local area by a community-based organization or another private organization to serve individuals with barriers to employment; (V) the local board determines that— (aa) it would be most appropriate to award a contract to an institution of higher education or other eligible provider of training services in order to facilitate the training of multiple individuals in in-demand industry sectors or occupations; and (bb) such contract does not limit customer choice; or (VI) the contract is a pay-for-performance contract. (iii) Linkage to occupations in demand Training services provided under this paragraph shall be directly linked to an in-demand industry sector or occupation in the local area or the planning region, or in another area to which an adult or dislocated worker receiving such services is willing to relocate, except that a local board may approve training services for occupations determined by the local board to be in sectors of the economy that have a high potential for sustained demand or growth in the local area. (iv) Rule of construction Nothing in this paragraph shall be construed to preclude the combined use of individual training accounts and contracts in the provision of training services, including arrangements that allow individuals receiving individual training accounts to obtain training services that are contracted for under clause (ii). (H) Reimbursement for on-the-job training (i) Reimbursement level For purposes of the provision of on-the-job training under this paragraph, the Governor or local board involved may increase the amount of the reimbursement described in section 3(44) to an amount of up to 75 percent of the wage rate of a participant for a program carried out under chapter 2 or this chapter, if, respectively— (I) the Governor approves the increase with respect to a program carried out with funds reserved by the State under that chapter, taking into account the factors described in clause (ii); or (II) the local board approves the increase with respect to a program carried out with funds allocated to a local area under such chapter, taking into account those factors. (ii) Factors For purposes of clause (i), the Governor or local board, respectively, shall take into account factors consisting of— (I) the characteristics of the participants; (II) the size of the employer; (III) the quality of employer-provided training and advancement opportunities; and (IV) such other factors as the Governor or local board, respectively, may determine to be appropriate, which may include the number of employees participating in the training, wage and benefit levels of those employees (at present and anticipated upon completion of the training), and relation of the training to the competitiveness of a participant. (d) Permissible local employment and training activities (1) In general (A) Activities Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), may be used to provide, through the one-stop delivery system involved (and through collaboration with the local board, for the purpose of the activities described in clauses (vii) and (ix))— (i) customized screening and referral of qualified participants in training services described in subsection (c)(3) to employers; (ii) customized employment-related services to employers, employer associations, or other such organizations on a fee-for-service basis; (iii) implementation of a pay-for-performance contract strategy for training services, for which the local board may reserve and use not more than 10 percent of the total funds allocated to the local area under paragraph (2) or (3) of section 133(b); (iv) customer support to enable individuals with barriers to employment (including individuals with disabilities) and veterans, to navigate among multiple services and activities for such populations; (v) technical assistance for one-stop operators, one-stop partners, and eligible providers of training services, regarding the provision of services to individuals with disabilities in local areas, including the development and training of staff, the provision of outreach, intake, assessments, and service delivery, the coordination of services across providers and programs, and the development of performance accountability measures; (vi) employment and training activities provided in coordination with— (I) child support enforcement activities of the State and local agencies carrying out part D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ); (II) child support services, and assistance, provided by State and local agencies carrying out part D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ); (III) cooperative extension programs carried out by the Department of Agriculture; and (IV) activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; (vii) activities— (I) to improve coordination between workforce investment activities and economic development activities carried out within the local area involved, and to promote entrepreneurial skills training and microenterprise services; (II) to improve services and linkages between the local workforce investment system (including the local one-stop delivery system) and employers, including small employers, in the local area, through services described in this section; and (III) to strengthen linkages between the one-stop delivery system and unemployment insurance programs; (viii) training programs for displaced homemakers and for individuals training for nontraditional occupations, in conjunction with programs operated in the local area; (ix) activities to provide business services and strategies that meet the workforce investment needs of area employers, as determined by the local board, consistent with the local plan under section 108, which services— (I) may be provided through effective business intermediaries working in conjunction with the local board, and may also be provided on a fee-for-service basis or through the leveraging of economic development, philanthropic, and other public and private resources in a manner determined appropriate by the local board; and (II) may include— (aa) developing and implementing industry sector strategies (including strategies involving industry partnerships, regional skills alliances, industry skill panels, and sectoral skills partnerships); (bb) developing and delivering innovative workforce investment services and strategies for area employers, which may include career pathways, skills upgrading, skill standard development and certification for recognized postsecondary credential or other employer use, apprenticeship, and other effective initiatives for meeting the workforce investment needs of area employers and workers; (cc) assistance to area employers in managing reductions in force in coordination with rapid response activities provided under subsection (a)(2)(A) and with strategies for the aversion of layoffs, which strategies may include early identification of firms at risk of layoffs, use of feasibility studies to assess the needs of and options for at-risk firms, and the delivery of employment and training activities to address risk factors; and (dd) the marketing of business services offered under this title, to appropriate area employers, including small and mid-sized employers; (x) activities to adjust the economic self-sufficiency standards referred to in subsection (a)(3)(A)(xii) for local factors, or activities to adopt, calculate, or commission for approval, economic self-sufficiency standards for the local areas that specify the income needs of families, by family size, the number and ages of children in the family, and substate geographical considerations; (xi) improved coordination between employment and training activities and programs carried out in the local area for individuals with disabilities, including programs carried out by State agencies relating to intellectual disabilities and developmental disabilities, activities carried out by Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d ), programs funded under part B of chapter 1 of title VII of such Act ( 29 U.S.C. 796e et seq. ), and activities carried out by centers for independent living, as defined in section 702 of such Act ( 29 U.S.C. 796a ); and (xii) implementation of promising services to workers and businesses, which may include support for education, training, skill upgrading, and statewide networking for employees to become workplace learning advisors and maintain proficiency in carrying out the activities associated with such advising. (B) Work support activities for low-wage workers (i) In general Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), may be used to provide, through the one-stop delivery system involved, work support activities designed to assist low-wage workers in retaining and enhancing employment. The one-stop partners of the system shall coordinate the appropriate programs and resources of the partners with the activities and resources provided under this subparagraph. (ii) Activities The work support activities described in clause (i) may include the provision of activities described in this section through the one-stop delivery system in a manner that enhances the opportunities of such workers to participate in the activities, such as the provision of activities described in this section during nontraditional hours and the provision of onsite child care while such activities are being provided. (2) Supportive services Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), may be used to provide supportive services to adults and dislocated workers, respectively— (A) who are participating in programs with activities authorized in paragraph (2) or (3) of subsection (c); and (B) who are unable to obtain such supportive services through other programs providing such services. (3) Needs-related payments (A) In general Funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and funds allocated to the local area for dislocated workers under section 133(b)(2)(B), may be used to provide needs-related payments to adults and dislocated workers, respectively, who are unemployed and do not qualify for (or have ceased to qualify for) unemployment compensation for the purpose of enabling such individuals to participate in programs of training services under subsection (c)(3). (B) Additional eligibility requirements In addition to the requirements contained in subparagraph (A), a dislocated worker who has ceased to qualify for unemployment compensation may be eligible to receive needs-related payments under this paragraph only if such worker was enrolled in the training services— (i) by the end of the 13th week after the most recent layoff that resulted in a determination of the worker’s eligibility for employment and training activities for dislocated workers under this subtitle; or (ii) if later, by the end of the 8th week after the worker is informed that a short-term layoff will exceed 6 months. (C) Level of payments The level of a needs-related payment made to a dislocated worker under this paragraph shall not exceed the greater of— (i) the applicable level of unemployment compensation; or (ii) if such worker did not qualify for unemployment compensation, an amount equal to the poverty line, for an equivalent period, which amount shall be adjusted to reflect changes in total family income. (4) Incumbent worker training programs (A) In general (i) Standard reservation of funds The local board may reserve and use not more than 20 percent of the funds allocated to the local area involved under section 133(b) to pay for the Federal share of the cost of providing training through a training program for incumbent workers, carried out in accordance with this paragraph. (ii) Determination of eligibility For the purpose of determining the eligibility of an employer to receive funding under clause (i), the local board shall take into account factors consisting of— (I) the characteristics of the participants in the program; (II) the relationship of the training to the competitiveness of a participant and the employer; and (III) such other factors as the local board may determine to be appropriate, which may include the number of employees participating in the training, the wage and benefit levels of those employees (at present and anticipated upon completion of the training), and the existence of other training and advancement opportunities provided by the employer. (iii) Statewide impact The Governor or State board involved may make recommendations to the local board for providing incumbent worker training that has statewide impact. (B) Training activities The training program for incumbent workers carried out under this paragraph shall be carried out by the local board in conjunction with the employers or groups of employers of such workers (which may include employers in partnership with other entities for the purposes of delivering training) for the purpose of assisting such workers in obtaining the skills necessary to retain employment or avert layoffs. (C) Employer payment of non-federal share Employers participating in the program carried out under this paragraph shall be required to pay for the non-Federal share of the cost of providing the training to incumbent workers of the employers. (D) Non-federal share (i) Factors Subject to clause (ii), the local board shall establish the non-Federal share of such cost (taking into consideration such other factors as the number of employees participating in the training, the wage and benefit levels of the employees (at the beginning and anticipated upon completion of the training), the relationship of the training to the competitiveness of the employer and employees, and the availability of other employer-provided training and advancement opportunities. (ii) Limits The non-Federal share shall not be less than— (I) 10 percent of the cost, for employers with not more than 50 employees; (II) 25 percent of the cost, for employers with more than 50 employees but not more than 100 employees; and (III) 50 percent of the cost, for employers with more than 100 employees. (iii) Calculation of employer share The non-Federal share provided by an employer participating in the program may include the amount of the wages paid by the employer to a worker while the worker is attending a training program under this paragraph. The employer may provide the share in cash or in kind, fairly evaluated. (5) Transitional jobs The local board may use not more than 10 percent of the funds allocated to the local area involved under section 133(b) to provide transitional jobs under subsection (c)(3) that— (A) are time-limited work experiences that are subsidized and are in the public, private, or nonprofit sectors for individuals with barriers to employment who are chronically unemployed or have an inconsistent work history; (B) are combined with comprehensive employment and supportive services; and (C) are designed to assist the individuals described in subparagraph (A) to establish a work history, demonstrate success in the workplace, and develop the skills that lead to entry into and retention in unsubsidized employment. 4 General workforce investment provisions 136. Authorization of appropriations (a) Youth workforce investment activities There are authorized to be appropriated to carry out the activities described in section 127(a), $820,430,000 for fiscal year 2015, $883,800,000 for fiscal year 2016, $902,139,000 for fiscal year 2017, $922,148,000 for fiscal year 2018, $943,828,000 for fiscal year 2019, and $963,837,000 for fiscal year 2020. (b) Adult employment and training activities There are authorized to be appropriated to carry out the activities described in section 132(a)(1), $766,080,000 for fiscal year 2015, $825,252,000 for fiscal year 2016, $842,376,000 for fiscal year 2017, $861,060,000 for fiscal year 2018, $881,303,000 for fiscal year 2019, and $899,987,000 for fiscal year 2020. (c) Dislocated worker employment and training activities There are authorized to be appropriated to carry out the activities described in section 132(a)(2), $1,222,457,000 for fiscal year 2015, $1,316,880,000 for fiscal year 2016, $1,344,205,000 for fiscal year 2017, $1,374,019,000 for fiscal year 2018, $1,406,322,000 for fiscal year 2019, and $1,436,137,000 for fiscal year 2020. C Job Corps 141. Purposes The purposes of this subtitle are— (1) to maintain a national Job Corps program, carried out in partnership with States and communities, to— (A) assist eligible youth to connect to the labor force by providing them with intensive social, academic, career and technical education, and service-learning opportunities, in primarily residential centers, in order for such youth to obtain secondary school diplomas or recognized postsecondary credentials leading to— (i) successful careers, in in-demand industry sectors or occupations or the Armed Forces, that will result in economic self-sufficiency and opportunities for advancement; or (ii) enrollment in postsecondary education, including an apprenticeship program; and (B) support responsible citizenship; (2) to set forth standards and procedures for selecting individuals as enrollees in the Job Corps; (3) to authorize the establishment of Job Corps centers in which enrollees will participate in intensive programs of activities described in this subtitle; and (4) to prescribe various other powers, duties, and responsibilities incident to the operation and continuing development of the Job Corps. 142. Definitions In this subtitle: (1) Applicable local board The term applicable local board means a local board— (A) that provides information for a Job Corps center on local employment opportunities and the job skills needed to obtain the opportunities; and (B) that serves communities in which the graduates of the Job Corps center seek employment. (2) Applicable one-stop center The term applicable one-stop center means a one-stop center that provides services, such as referral, assessment, recruitment, and placement, to support the purposes of the Job Corps. (3) Enrollee The term enrollee means an individual who has voluntarily applied for, been selected for, and enrolled in the Job Corps program, and remains with the program, but has not yet become a graduate. (4) Former enrollee The term former enrollee means an individual who has voluntarily applied for, been selected for, and enrolled in the Job Corps program, but left the program prior to becoming a graduate. (5) Graduate The term graduate means an individual who has voluntarily applied for, been selected for, and enrolled in the Job Corps program and who, as a result of participation in the Job Corps program, has received a secondary school diploma or recognized equivalent, or completed the requirements of a career and technical education and training program that prepares individuals for employment leading to economic self-sufficiency or entrance into postsecondary education or training. (6) Job corps The term Job Corps means the Job Corps described in section 143. (7) Job corps center The term Job Corps center means a center described in section 147. (8) Operator The term operator means an entity selected under this subtitle to operate a Job Corps center. (9) Region The term region means an area defined by the Secretary. (10) Service provider The term service provider means an entity selected under this subtitle to provide services described in this subtitle to a Job Corps center. 143. Establishment There shall be within the Department of Labor a Job Corps . 144. Individuals eligible for the Job Corps (a) In general To be eligible to become an enrollee, an individual shall be— (1) not less than age 16 and not more than age 21 on the date of enrollment, except that— (A) not more than 20 percent of the individuals enrolled in the Job Corps may be not less than age 22 and not more than age 24 on the date of enrollment; and (B) either such maximum age limitation may be waived by the Secretary, in accordance with regulations of the Secretary, in the case of an individual with a disability; (2) a low-income individual; and (3) an individual who is one or more of the following: (A) Basic skills deficient. (B) A school dropout. (C) A homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6) )), a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) )), a runaway, an individual in foster care, or an individual who was in foster care and has aged out of the foster care system. (D) A parent. (E) An individual who requires additional education, career and technical education or training, or workforce preparation skills to be able to obtain and retain employment that leads to economic self-sufficiency. (b) Special rule for veterans Notwithstanding the requirement of subsection (a)(2), a veteran shall be eligible to become an enrollee under subsection (a) if the individual— (1) meets the requirements of paragraphs (1) and (3) of such subsection; and (2) does not meet the requirement of subsection (a)(2) because the military income earned by such individual within the 6-month period prior to the individual’s application for Job Corps prevents the individual from meeting such requirement. 145. Recruitment, screening, selection, and assignment of enrollees (a) Standards and procedures (1) In general The Secretary shall prescribe specific standards and procedures for the recruitment, screening, and selection of eligible applicants for the Job Corps, after considering recommendations from Governors of States, local boards, and other interested parties. (2) Methods In prescribing standards and procedures under paragraph (1), the Secretary, at a minimum, shall— (A) prescribe procedures for informing enrollees that drug tests will be administered to the enrollees and the results received within 45 days after the enrollees enroll in the Job Corps; (B) establish standards for recruitment of Job Corps applicants; (C) establish standards and procedures for— (i) determining, for each applicant, whether the educational and career and technical education and training needs of the applicant can best be met through the Job Corps program or an alternative program in the community in which the applicant resides; and (ii) obtaining from each applicant pertinent data relating to background, needs, and interests for determining eligibility and potential assignment; (D) where appropriate, take measures to improve the professional capability of the individuals conducting screening of the applicants; and (E) assure appropriate representation of enrollees from urban areas and from rural areas. (3) Implementation The standards and procedures shall be implemented through arrangements with— (A) applicable one-stop centers; (B) organizations that have a demonstrated record of effectiveness in serving at-risk youth and placing such youth into employment, including community action agencies, business organizations, or labor organizations; and (C) child welfare agencies that are responsible for children and youth eligible for benefits and services under section 477 of the Social Security Act ( 42 U.S.C. 677 ). (4) Consultation The standards and procedures shall provide for necessary consultation with individuals and organizations, including court, probation, parole, law enforcement, education, welfare, and medical authorities and advisers. (5) Reimbursement The Secretary is authorized to enter into contracts with and make payments to individuals and organizations for the cost of conducting recruitment, screening, and selection of eligible applicants for the Job Corps, as provided for in this section. The Secretary shall make no payment to any individual or organization solely as compensation for referring the names of applicants for the Job Corps. (b) Special limitations on selection (1) In general No individual shall be selected as an enrollee unless the individual or organization implementing the standards and procedures described in subsection (a) determines that— (A) there is a reasonable expectation that the individual considered for selection can participate successfully in group situations and activities, and is not likely to engage in behavior that would prevent other enrollees from receiving the benefit of the Job Corps program or be incompatible with the maintenance of sound discipline and satisfactory relationships between the Job Corps center to which the individual might be assigned and communities surrounding the Job Corps center; (B) the individual manifests a basic understanding of both the rules to which the individual will be subject and of the consequences of failure to observe the rules, and agrees to comply with such rules; and (C) the individual has passed a background check conducted in accordance with procedures established by the Secretary and with applicable State and local laws. (2) Individuals on probation, parole, or supervised release An individual on probation, parole, or supervised release may be selected as an enrollee only if release from the supervision of the probation or parole official involved is satisfactory to the official and the Secretary and does not violate applicable laws (including regulations). No individual shall be denied a position in the Job Corps solely on the basis of individual contact with the criminal justice system except for a disqualifying conviction as specified in paragraph (3). (3) Individuals convicted of certain crimes An individual shall not be selected as an enrollee if the individual has been convicted of a felony consisting of murder (as described in section 1111 of title 18, United States Code), child abuse, or a crime involving rape or sexual assault. (c) Assignment plan (1) In general Every 2 years, the Secretary shall develop and implement a plan for assigning enrollees to Job Corps centers. In developing the plan, the Secretary shall, based on the analysis described in paragraph (2), establish targets, applicable to each Job Corps center, for— (A) the maximum attainable percentage of enrollees at the Job Corps center that reside in the State in which the center is located; and (B) the maximum attainable percentage of enrollees at the Job Corps center that reside in the region in which the center is located, and in surrounding regions. (2) Analysis In order to develop the plan described in paragraph (1), every 2 years the Secretary, in consultation with operators of Job Corps centers, shall analyze relevant factors relating to each Job Corps center, including— (A) the size of the population of individuals eligible to participate in Job Corps in the State and region in which the Job Corps center is located, and in surrounding regions; (B) the relative demand for participation in the Job Corps in the State and region, and in surrounding regions; (C) the capacity and utilization of the Job Corps center, including the education, training, and supportive services provided through the center; and (D) the performance of the Job Corps center relating to the expected levels of performance for the indicators described in section 159(c)(1), and whether any actions have been taken with respect to such center pursuant to paragraphs (2) and (3) of section 159(f). (d) Assignment of individual enrollees (1) In general After an individual has been selected for the Job Corps in accordance with the standards and procedures of the Secretary under subsection (a), the enrollee shall be assigned to the Job Corps center that offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The Secretary may waive this requirement if— (A) the enrollee would be unduly delayed in participating in the Job Corps program because the closest center is operating at full capacity; or (B) the parent or guardian of the enrollee requests assignment of the enrollee to another Job Corps center due to circumstances in the community of the enrollee that would impair prospects for successful participation in the Job Corps program. (2) Enrollees who are younger than 18 An enrollee who is younger than 18 shall not be assigned to a Job Corps center other than the center closest to the home that offers the career and technical education and training desired by the enrollee pursuant to paragraph (1) if the parent or guardian of the enrollee objects to the assignment. 146. Enrollment (a) Relationship between enrollment and military obligations Enrollment in the Job Corps shall not relieve any individual of obligations under the Military Selective Service Act (50 U.S.C. App. 451 et seq.). (b) Period of enrollment No individual may be enrolled in the Job Corps for more than 2 years, except— (1) in a case in which completion of an advanced career training program under section 148(c) would require an individual to participate in the Job Corps for not more than one additional year; (2) in the case of an individual with a disability who would reasonably be expected to meet the standards for a Job Corps graduate, as defined under section 142(5), if allowed to participate in the Job Corps for not more than 1 additional year; (3) in the case of an individual who participates in national service, as authorized by a Civilian Conservation Center program, who would be granted an enrollment extension in the Job Corps for the amount of time equal to the period of national service; or (4) as the Secretary may authorize in a special case. 147. Job Corps centers (a) Operators and service providers (1) Eligible entities (A) Operators The Secretary shall enter into an agreement with a Federal, State, or local agency, an area career and technical education school, a residential career and technical education school, or a private organization, for the operation of each Job Corps center. (B) Providers The Secretary may enter into an agreement with a local entity, or other entity with the necessary capacity, to provide activities described in this subtitle to a Job Corps center. (2) Selection process (A) Competitive basis Except as provided in subsections (a) and (b) of section 3304 of title 41, United States Code, the Secretary shall select on a competitive basis an entity to operate a Job Corps center and entities to provide activities described in this subtitle to the Job Corps center. In developing a solicitation for an operator or service provider, the Secretary shall consult with the Governor of the State in which the center is located, the workforce council for the Job Corps center (if established), and the applicable local board regarding the contents of such solicitation, including elements that will promote the consistency of the activities carried out through the center with the objectives set forth in the State plan or in a local plan. (B) Recommendations and considerations (i) Operators In selecting an entity to operate a Job Corps center, the Secretary shall consider— (I) the ability of the entity to coordinate the activities carried out through the Job Corps center with activities carried out under the appropriate State plan and local plans; (II) the ability of the entity to offer career and technical education and training that has been proposed by the workforce council under section 154(c), and the degree to which such education and training reflects employment opportunities in the local areas in which enrollees at the center intend to seek employment; (III) the degree to which the entity demonstrates relationships with the surrounding communities, employers, labor organizations, State boards, local boards, applicable one-stop centers, and the State and region in which the center is located; (IV) the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including information regarding the entity in any reports developed by the Office of Inspector General of the Department of Labor and the entity’s demonstrated effectiveness in assisting individuals in achieving the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii); and (V) the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including providing them with intensive academics and career and technical education and training. (ii) Providers In selecting a service provider for a Job Corps center, the Secretary shall consider the factors described in clause (i). (3) Additional selection factors To be eligible to operate a Job Corps center, an entity shall submit to the Secretary, at such time and in such manner as the Secretary may require, information related to additional selection factors, which shall include the following: (A) A description of the program activities that will be offered at the center and how the academics and career and technical education and training reflect State and local employment opportunities, including opportunities in in-demand industry sectors and occupations recommended by the workforce council under section 154(c)(2)(A). (B) A description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment or education leading to a recognized postsecondary credential upon completion of the program. (C) A description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment and postsecondary education, including past performance of operating a Job Corps center under this subtitle or subtitle C of title I of the Workforce Investment Act of 1998, and as appropriate, the entity’s demonstrated effectiveness in assisting individuals in achieving the indicators of performance for eligible youth described in section 116(b)(2)(A)(ii). (D) A description of the relationships that the entity has developed with State boards, local boards, applicable one-stop centers, employers, labor organizations, State and local educational agencies, and the surrounding communities in which the center is located, in an effort to promote a comprehensive statewide workforce development system. (E) A description of the entity’s ability to coordinate the activities carried out through the Job Corps center with activities carried out under the appropriate State plan and local plans. (F) A description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a). (G) A description of the steps to be taken to control costs in accordance with section 159(a)(3). (H) A detailed budget of the activities that will be supported using funds under this subtitle and non-Federal resources. (I) An assurance the entity is licensed to operate in the State in which the center is located. (J) An assurance the entity will comply with basic health and safety codes, which shall include the disciplinary measures described in section 152(b). (K) Any other information on additional selection factors that the Secretary may require. (b) High-performing centers (1) In general If an entity meets the requirements described in paragraph (2) as applied to a particular Job Corps center, such entity shall be allowed to compete in any competitive selection process carried out for an award to operate such center. (2) High performance An entity shall be considered to be an operator of a high-performing center if the Job Corps center operated by the entity— (A) is ranked among the top 20 percent of Job Corps centers for the most recent preceding program year; and (B) meets the expected levels of performance established under section 159(c)(1) and, with respect to each of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii)— (i) for the period of the most recent preceding 3 program years for which information is available at the time the determination is made, achieved an average of 100 percent, or higher, of the expected level of performance established under section 159(c)(1) for the indicator; and (ii) for the most recent preceding program year for which information is available at the time the determination is made, achieved 100 percent, or higher, of the expected level of performance established under such section for the indicator. (3) Transition If any of the program years described in paragraph (2)(B) precedes the implementation of the establishment of expected levels of performance under section 159(c) and the application of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii), an entity shall be considered an operator of a high-performing center during that period if the Job Corps center operated by the entity— (A) meets the requirements of paragraph (2)(B) with respect to such preceding program years using the performance of the Job Corps center regarding the national goals or targets established by the Office of the Job Corps under the previous performance accountability system for— (i) the 6-month follow-up placement rate of graduates in employment, the military, education, or training; (ii) the 12–month follow-up placement rate of graduates in employment, the military, education, or training; (iii) the 6-month follow-up average weekly earnings of graduates; (iv) the rate of attainment of secondary school diplomas or their recognized equivalent; (v) the rate of attainment of completion certificates for career and technical training; (vi) average literacy gains; and (vii) average numeracy gains; or (B) is ranked among the top 5 percent of Job Corps centers for the most recent preceding program year. (c) Character and activities Job Corps centers may be residential or nonresidential in character, and shall be designed and operated so as to provide enrollees, in a well-supervised setting, with access to activities described in this subtitle. In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps. (d) Civilian conservation centers (1) In general The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall provide, in addition to academics, career and technical education and training, and workforce preparation skills training, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest. (2) Assistance during disasters Enrollees in Civilian Conservation Centers may provide assistance in addressing national, State, and local disasters, consistent with current child labor laws (including regulations). The Secretary of Agriculture shall ensure that with respect to the provision of such assistance the enrollees are properly trained, equipped, supervised, and dispatched consistent with standards for the conservation and rehabilitation of wildlife established under the Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq. ). (3) National liaison The Secretary of Agriculture shall designate a Job Corps National Liaison to support the agreement under this section between the Departments of Labor and Agriculture. (e) Indian tribes (1) General authority The Secretary may enter into agreements with Indian tribes to operate Job Corps centers for Indians. (2) Definitions In this subsection, the terms Indian and Indian tribe have the meanings given such terms in subsections (d) and (e), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (f) Length of agreement The agreement described in subsection (a)(1)(A) shall be for not more than a 2-year period. The Secretary may exercise any contractual option to renew the agreement in 1-year increments for not more than 3 additional years, consistent with the requirements of subsection (g). (g) Renewal conditions (1) In general Subject to paragraph (2), the Secretary shall not renew the terms of an agreement for any 1-year additional period described in subsection (f) for an entity to operate a particular Job Corps center if, for both of the 2 most recent preceding program years for which information is available at the time the determination is made, or if a second program year is not available, the preceding year for which information is available, such center— (A) has been ranked in the lowest 10 percent of Job Corps centers; and (B) failed to achieve an average of 50 percent or higher of the expected level of performance under section 159(c)(1) with respect to each of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii). (2) Exception Notwithstanding paragraph (1), the Secretary may exercise an option to renew the agreement for no more than 2 additional years if the Secretary determines such renewal would be in the best interest of the Job Corps program, taking into account factors including— (A) significant improvements in program performance in carrying out a performance improvement plan under section 159(f)(2); (B) that the performance is due to circumstances beyond the control of the entity, such as an emergency or disaster, as defined in section 170(a)(1); (C) a significant disruption in the operations of the center, including in the ability to continue to provide services to students, or significant increase in the cost of such operations; or (D) a significant disruption in the procurement process with respect to carrying out a competition for the selection of a center operator. (3) Detailed explanation If the Secretary exercises an option under paragraph (2), the Secretary shall provide, to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a detailed explanation of the rationale for exercising such option. (4) Additional considerations The Secretary shall only renew the agreement of an entity to operate a Job Corps center if the entity— (A) has a satisfactory record of integrity and business ethics; (B) has adequate financial resources to perform the agreement; (C) has the necessary organization, experience, accounting and operational controls, and technical skills; and (D) is otherwise qualified and eligible under applicable laws and regulations, including that the contractor is not under suspension or debarred from eligibility for Federal contracts. 148. Program activities (a) Activities provided by job corps centers (1) In general Each Job Corps center shall provide enrollees with an intensive, well organized, and fully supervised program of education, including English language acquisition programs, career and technical education and training, work experience, work-based learning, recreational activities, physical rehabilitation and development, driver's education, and counseling, which may include information about financial literacy. Each Job Corps center shall provide enrollees assigned to the center with access to career services described in clauses (i) through (xi) of section 134(c)(2)(A). (2) Relationship to opportunities The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment— (A) secure and maintain meaningful unsubsidized employment; (B) enroll in and complete secondary education or postsecondary education or training programs, including other suitable career and technical education and training, and apprenticeship programs; or (C) satisfy Armed Forces requirements. (3) Link to employment opportunities The career and technical education and training provided shall be linked to employment opportunities in in-demand industry sectors and occupations in the State or local area in which the Job Corps center is located and, to the extent practicable, in the State or local area in which the enrollee intends to seek employment after graduation. (b) Academic and career and technical education and training The Secretary may arrange for career and technical education and training of enrollees through local public or private educational agencies, career and technical educational institutions, technical institutes, or national service providers, whenever such entities provide education and training substantially equivalent in cost and quality to that which the Secretary could provide through other means. (c) Advanced career training programs (1) In general The Secretary may arrange for programs of advanced career training for selected enrollees in which the enrollees may continue to participate for a period of not to exceed 1 year in addition to the period of participation to which the enrollees would otherwise be limited. The advanced career training may be provided through the eligible providers of training services identified under section 122. (2) Benefits During the period of participation in an advanced career training program, an enrollee shall be eligible for full Job Corps benefits, or a monthly stipend equal to the average value of the residential support, food, allowances, and other benefits provided to enrollees assigned to residential Job Corps centers. (3) Demonstration The Secretary shall develop standards by which any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that— (A) participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and (B) for the most recently preceding 2 program years, such operator has, on average, met or exceeded the expected levels of performance under section 159(c)(1) for each of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii). (d) Graduate services In order to promote the retention of graduates in employment or postsecondary education, the Secretary shall arrange for the provision of job placement and support services to graduates for up to 12 months after the date of graduation. Multiple resources, including one-stop partners, may support the provision of these services, including services from the State vocational rehabilitation agency, to supplement job placement and job development efforts for Job Corps graduates who are individuals with disabilities. (e) Child care The Secretary shall, to the extent practicable, provide child care at or near Job Corps centers, for individuals who require child care for their children in order to participate in the Job Corps. 149. Counseling and job placement (a) Assessment and counseling The Secretary shall arrange for assessment and counseling for each enrollee at regular intervals to measure progress in the academic and career and technical education and training programs carried out through the Job Corps. (b) Placement The Secretary shall arrange for assessment and counseling for enrollees prior to their scheduled graduations to determine their capabilities and, based on their capabilities, shall place the enrollees in employment leading to economic self-sufficiency for which the enrollees are trained or assist the enrollees in participating in further activities described in this subtitle. In arranging for the placement of graduates in jobs, the Secretary shall utilize the one-stop delivery system to the maximum extent practicable. (c) Status and progress The Secretary shall determine the status and progress of enrollees scheduled for graduation and make every effort to assure that their needs for further activities described in this subtitle are met. (d) Services to former enrollees The Secretary may provide such services as the Secretary determines to be appropriate under this subtitle to former enrollees. 150. Support (a) Personal allowances The Secretary may provide enrollees assigned to Job Corps centers with such personal allowances as the Secretary may determine to be necessary or appropriate to meet the needs of the enrollees. (b) Transition allowances The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of recognized postsecondary credentials. (c) Transition support The Secretary may arrange for the provision of 3 months of employment services for former enrollees. 151. Operations (a) Operating plan The provisions of the contract between the Secretary and an entity selected to operate a Job Corps center shall, at a minimum, serve as an operating plan for the Job Corps center. (b) Additional information The Secretary may require the operator, in order to remain eligible to operate the Job Corps center, to submit such additional information as the Secretary may require, which shall be considered part of the operating plan. (c) Availability The Secretary shall make the operating plan described in subsections (a) and (b), excluding any proprietary information, available to the public. 152. Standards of conduct (a) Provision and enforcement The Secretary shall provide, and directors of Job Corps centers shall stringently enforce, standards of conduct within the centers. Such standards of conduct shall include provisions forbidding the actions described in subsection (b)(2)(A). (b) Disciplinary measures (1) In general To promote the proper behavioral standards in the Job Corps, the directors of Job Corps centers shall have the authority to take appropriate disciplinary measures against enrollees if such a director determines that an enrollee has committed a violation of the standards of conduct. The director shall dismiss the enrollee from the Job Corps if the director determines that the retention of the enrollee in the Job Corps will jeopardize the enforcement of such standards, threaten the safety of staff, students, or the local community, or diminish the opportunities of other enrollees. (2) Zero tolerance policy and drug testing (A) Guidelines The Secretary shall adopt guidelines establishing a zero tolerance policy for an act of violence, for use, sale, or possession of a controlled substance, for abuse of alcohol, or for other illegal or disruptive activity. (B) Drug testing The Secretary shall require drug testing of all enrollees for controlled substances in accordance with procedures prescribed by the Secretary under section 145(a). (C) Definitions In this paragraph: (i) Controlled substance The term controlled substance has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (ii) Zero tolerance policy The term zero tolerance policy means a policy under which an enrollee shall be automatically dismissed from the Job Corps after a determination by the director that the enrollee has carried out an action described in subparagraph (A). (c) Appeal A disciplinary measure taken by a director under this section shall be subject to expeditious appeal in accordance with procedures established by the Secretary. 153. Community participation (a) Business and community participation The director of each Job Corps center shall ensure the establishment and development of the mutually beneficial business and community relationships and networks described in subsection (b), including the use of local boards, in order to enhance the effectiveness of such centers. (b) Networks The activities carried out by each Job Corps center under this section shall include— (1) establishing and developing relationships and networks with— (A) local and distant employers, to the extent practicable, in coordination with entities carrying out other Federal and non-Federal programs that conduct similar outreach to employers; (B) applicable one-stop centers and applicable local boards, for the purpose of providing— (i) information to, and referral of, potential enrollees; and (ii) job opportunities for Job Corps graduates; and (C) (i) entities carrying out relevant apprenticeship programs and youth programs; (ii) labor-management organizations and local labor organizations; (iii) employers and contractors that support national training contractor programs; and (iv) community-based organizations, non-profit organizations, and intermediaries providing workforce development-related services; and (2) establishing and developing relationships with members of the community in which the Job Corps center is located, informing members of the community about the projects of the Job Corps center and changes in the rules, procedures, or activities of the center that may affect the community, and planning events of mutual interest to the community and the Job Corps center. (c) New centers The director of a Job Corps center that is not yet operating shall ensure the establishment and development of the relationships and networks described in subsection (b) at least 3 months prior to the date on which the center accepts the first enrollee at the center. 154. Workforce councils (a) In general Each Job Corps center shall have a workforce council, appointed by the director of the center, in accordance with procedures established by the Secretary. (b) Workforce council composition (1) In general A workforce council shall be comprised of— (A) a majority of members who shall be owners of business concerns, chief executives or chief operating officers of nongovernmental employers, or other private sector employers, who— (i) have substantial management, hiring, or policy responsibility; and (ii) represent businesses with employment opportunities that reflect the employment opportunities of the applicable local areas in which enrollees will be seeking employment; (B) representatives of labor organizations (where present) and representatives of employees; and (C) enrollees and graduates of the Job Corps. (2) Local board The workforce council may include members of the applicable local boards who meet the requirements described in paragraph (1). (3) Employers outside of local area The workforce council for a Job Corps center may include, or otherwise provide for consultation with, employers from outside the local area who are likely to hire a significant number of enrollees from the Job Corps center. (4) Special rule for single State local areas In the case of a single State local area designated under section 106(d), the workforce council shall include a representative of the State Board. (c) Responsibilities The responsibilities of the workforce council shall be— (1) to work closely with all applicable local boards in order to determine, and recommend to the Secretary, appropriate career and technical education and training for the center; (2) to review all the relevant labor market information, including related information in the State plan or the local plan, to— (A) recommend the in-demand industry sectors or occupations in the area in which the Job Corps center operates; (B) determine the employment opportunities in the local areas in which the enrollees intend to seek employment after graduation; (C) determine the skills and education that are necessary to obtain the employment opportunities; and (D) recommend to the Secretary the type of career and technical education and training that should be implemented at the center to enable the enrollees to obtain the employment opportunities; and (3) to meet at least once every 6 months to reevaluate the labor market information, and other relevant information, to determine, and recommend to the Secretary, any necessary changes in the career and technical education and training provided at the center. (d) New centers The workforce council for a Job Corps center that is not yet operating shall carry out the responsibilities described in subsection (c) at least 3 months prior to the date on which the center accepts the first enrollee at the center. 155. Advisory committees The Secretary may establish and use advisory committees in connection with the operation of the Job Corps program, and the operation of Job Corps centers, whenever the Secretary determines that the availability of outside advice and counsel on a regular basis would be of substantial benefit in identifying and overcoming problems, in planning program or center development, or in strengthening relationships between the Job Corps and agencies, institutions, or groups engaged in related activities. 156. Experimental projects and technical assistance (a) Projects The Secretary may carry out experimental, research, or demonstration projects relating to carrying out the Job Corps program. The Secretary may waive any provisions of this subtitle that the Secretary finds would prevent the Secretary from carrying out the projects if the Secretary informs the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, in writing, not less than 90 days in advance of issuing such waiver. (b) Technical assistance From the funds provided under section 162 (for the purposes of administration), the Secretary may reserve 1/4 of 1 percent to provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance for the Job Corps program for the purpose of improving program quality. Such assistance shall include— (1) assisting Job Corps centers and programs— (A) in correcting deficiencies under, and violations of, this subtitle; (B) in meeting or exceeding the expected levels of performance under section 159(c)(1) for the indicators of performance described in section 116(b)(2)(A); (C) in the development of sound management practices, including financial management procedures; and (2) assisting entities, including entities not currently operating a Job Corps center, in developing the additional selection factors information described in section 147(a)(3). 157. Application of provisions of Federal law (a) Enrollees not considered To be Federal employees (1) In general Except as otherwise provided in this subsection and in section 8143(a) of title 5, United States Code, enrollees shall not be considered to be Federal employees and shall not be subject to the provisions of law relating to Federal employment, including such provisions regarding hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (2) Provisions relating to taxes and Social Security benefits For purposes of the Internal Revenue Code of 1986 and title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), enrollees shall be deemed to be employees of the United States and any service performed by an individual as an enrollee shall be deemed to be performed in the employ of the United States. (3) Provisions relating to compensation to Federal employees for work injuries For purposes of subchapter I of chapter 81 of title 5, United States Code (relating to compensation to Federal employees for work injuries), enrollees shall be deemed to be civil employees of the Government of the United States within the meaning of the term employee as defined in section 8101 of title 5, United States Code, and the provisions of such subchapter shall apply as specified in section 8143(a) of title 5, United States Code. (4) Federal tort claims provisions For purposes of the Federal tort claims provisions in title 28, United States Code, enrollees shall be considered to be employees of the Government. (b) Adjustments and settlements Whenever the Secretary finds a claim for damages to a person or property resulting from the operation of the Job Corps to be a proper charge against the United States, and the claim is not cognizable under section 2672 of title 28, United States Code, the Secretary may adjust and settle the claim in an amount not exceeding $1,500. (c) Personnel of the uniformed services Personnel of the uniformed services who are detailed or assigned to duty in the performance of agreements made by the Secretary for the support of the Job Corps shall not be counted in computing strength under any law limiting the strength of such services or in computing the percentage authorized by law for any grade in such services. 158. Special provisions (a) Enrollment The Secretary shall ensure that women and men have an equal opportunity to participate in the Job Corps program, consistent with section 145. (b) Studies, evaluations, proposals, and data The Secretary shall assure that all studies, evaluations, proposals, and data produced or developed with Federal funds in the course of carrying out the Job Corps program shall become the property of the United States. (c) Transfer of property (1) In general Notwithstanding chapter 5 of title 40, United States Code, and any other provision of law, the Secretary and the Secretary of Education shall receive priority by the Secretary of Defense for the direct transfer, on a nonreimbursable basis, of the property described in paragraph (2) for use in carrying out programs under this Act or under any other Act. (2) Property The property described in this paragraph is real and personal property under the control of the Department of Defense that is not used by such Department, including property that the Secretary of Defense determines is in excess of current and projected requirements of such Department. (d) Gross receipts Transactions conducted by a private for-profit or nonprofit entity that is an operator or service provider for a Job Corps center shall not be considered to be generating gross receipts. Such an operator or service provider shall not be liable, directly or indirectly, to any State or subdivision of a State (nor to any person acting on behalf of such a State or subdivision) for any gross receipts taxes, business privilege taxes measured by gross receipts, or any similar taxes imposed on, or measured by, gross receipts in connection with any payments made to or by such entity for operating or providing services to a Job Corps center. Such an operator or service provider shall not be liable to any State or subdivision of a State to collect or pay any sales, excise, use, or similar tax imposed on the sale to or use by such operator or service provider of any property, service, or other item in connection with the operation of or provision of services to a Job Corps center. (e) Management fee The Secretary shall provide each operator and (in an appropriate case, as determined by the Secretary) service provider with an equitable and negotiated management fee of not less than 1 percent of the amount of the funding provided under the appropriate agreement specified in section 147. (f) Donations The Secretary may accept on behalf of the Job Corps or individual Job Corps centers charitable donations of cash or other assistance, including equipment and materials, if such donations are available for appropriate use for the purposes set forth in this subtitle. (g) Sale of property Notwithstanding any other provision of law, if the Administrator of General Services sells a Job Corps center facility, the Administrator shall transfer the proceeds from the sale to the Secretary, who shall use the proceeds to carry out the Job Corps program. 159. Management information (a) Financial management information system (1) In general The Secretary shall establish procedures to ensure that each operator, and each service provider, maintains a financial management information system that will provide— (A) accurate, complete, and current disclosures of the costs of Job Corps operations; and (B) sufficient data for the effective evaluation of activities carried out through the Job Corps program. (2) Accounts Each operator and service provider shall maintain funds received under this subtitle in accounts in a manner that ensures timely and accurate reporting as required by the Secretary. (3) Fiscal responsibility Operators shall remain fiscally responsible and control costs, regardless of whether the funds made available for Job Corps centers are incrementally increased or decreased between fiscal years. (b) Audit (1) Access The Secretary, the Inspector General of the Department of Labor, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the operators and service providers described in subsection (a) that are pertinent to the Job Corps program, for purposes of conducting surveys, audits, and evaluations of the operators and service providers. (2) Surveys, audits, and evaluations The Secretary shall survey, audit, or evaluate, or arrange for the survey, audit, or evaluation of, the operators and service providers, using Federal auditors or independent public accountants. The Secretary shall conduct such surveys, audits, or evaluations not less often than once every 3 years. (c) Information on indicators of performance (1) Levels of performance and indicators The Secretary shall annually establish expected levels of performance for a Job Corps center and the Job Corps program relating to each of the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii). (2) Performance of recruiters The Secretary shall also establish performance indicators, and expected levels of performance on the performance indicators, for recruitment service providers serving the Job Corps program. The performance indicators shall relate to— (A) the number of enrollees recruited, compared to the established goals for such recruitment, and the number of enrollees who remain committed to the program for 90 days after enrollment; and (B) the measurements described in subparagraphs (I), (L), and (M) of subsection (d)(1). (3) Performance of career transition service providers The Secretary shall also establish performance indicators, and expected performance levels on the performance indicators, for career transition service providers serving the Job Corps program. The performance indicators shall relate to— (A) the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii); and (B) the measurements described in subparagraphs (D), (E), (H), (J), and (K) of subsection (d)(1). (4) Report The Secretary shall collect, and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report including— (A) information on the performance of each Job Corps center, and the Job Corps program, based on the performance indicators described in paragraph (1), as compared to the expected level of performance established under such paragraph for each performance indicator; and (B) information on the performance of the service providers described in paragraphs (2) and (3) on the performance indicators established under such paragraphs, as compared to the expected level of performance established for each performance indicator. (d) Additional information (1) In general The Secretary shall also collect, and submit in the report described in subsection (c)(4), information on the performance of each Job Corps center, and the Job Corps program, regarding— (A) the number of enrollees served; (B) demographic information on the enrollees served, including age, race, gender, and education and income level; (C) the number of graduates of a Job Corps center; (D) the number of graduates who entered the Armed Forces; (E) the number of graduates who entered apprenticeship programs; (F) the number of graduates who received a regular secondary school diploma; (G) the number of graduates who received a State recognized equivalent of a secondary school diploma; (H) the number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps program and the number who entered unsubsidized employment not related to the education and training received; (I) the percentage and number of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b); (J) the percentage and number of graduates who enter postsecondary education; (K) the average wage of graduates who enter unsubsidized employment— (i) on the first day of such employment; and (ii) on the day that is 6 months after such first day; (L) the percentages of enrollees described in subparagraphs (A) and (B) of section 145(c)(1), as compared to the percentage targets established by the Secretary under such section for the center; (M) the cost per enrollee, which is calculated by comparing the number of enrollees at the center in a program year to the total budget for such center in the same program year; (N) the cost per graduate, which is calculated by comparing the number of graduates of the center in a program year compared to the total budget for such center in the same program year; and (O) any additional information required by the Secretary. (2) Rules for reporting of data The disaggregation of data under this subsection shall not be required when the number of individuals in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual. (e) Methods The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 116(i)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates. (f) Performance assessments and improvements (1) Assessments The Secretary shall conduct an annual assessment of the performance of each Job Corps center. Based on the assessment, the Secretary shall take measures to continuously improve the performance of the Job Corps program. (2) Performance improvement With respect to a Job Corps center that fails to meet the expected levels of performance relating to the primary indicators of performance specified in subsection (c)(1), the Secretary shall develop and implement a performance improvement plan. Such a plan shall require action to be taken during a 1-year period, including— (A) providing technical assistance to the center; (B) changing the career and technical education and training offered at the center; (C) changing the management staff of the center; (D) replacing the operator of the center; (E) reducing the capacity of the center; (F) relocating the center; or (G) closing the center. (3) Additional performance improvement In addition to the performance improvement plans required under paragraph (2), the Secretary may develop and implement additional performance improvement plans. Such a plan shall require improvements, including the actions described in such paragraph, for a Job Corps center that fails to meet criteria established by the Secretary other than the expected levels of performance described in such paragraph. (4) Civilian conservation centers With respect to a Civilian Conservation Center that fails to meet the expected levels of performance relating to the primary indicators of performance specified in subsection (c)(1) or fails to improve performance as described in paragraph (2) after 3 program years, the Secretary, in consultation with the Secretary of Agriculture, shall select an entity to operate the Civilian Conservation Center on a competitive basis, in accordance with the requirements of section 147. (g) Participant health and safety (1) Center The Secretary shall ensure that a review by an appropriate Federal, State, or local entity of the physical condition and health-related activities of each Job Corps center occurs annually. (2) Work-based learning locations The Secretary shall require that an entity that has entered into a contract to provide work-based learning activities for any Job Corps enrollee under this subtitle shall comply with the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ) or, as appropriate, under the corresponding State Occupational Safety and Health Act of 1970 requirements in the State in which such activities occur. (h) Buildings and facilities The Secretary shall collect, and submit in the report described in subsection (c)(4), information regarding the state of Job Corps buildings and facilities. Such report shall include— (1) a review of requested construction, rehabilitation, and acquisition projects, by each Job Corps center; and (2) a review of new facilities under construction. (i) National and community service The Secretary shall include in the report described in subsection (c)(4) available information regarding the national and community service activities of enrollees, particularly those enrollees at Civilian Conservation Centers. (j) Closure of job corps center Prior to the closure of any Job Corps center, the Secretary shall ensure— (1) that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register or other appropriate means; (2) the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary; and (3) that the Member of Congress who represents the district in which such center is located is notified within a reasonable period of time in advance of any final decision to close the center. 160. General provisions The Secretary is authorized to— (1) disseminate, with regard to the provisions of section 3204 of title 39, United States Code, data and information in such forms as the Secretary shall determine to be appropriate, to public agencies, private organizations, and the general public; (2) subject to section 157(b), collect or compromise all obligations to or held by the Secretary and exercise all legal or equitable rights accruing to the Secretary in connection with the payment of obligations until such time as such obligations may be referred to the Attorney General for suit or collection; and (3) expend funds made available for purposes of this subtitle— (A) for printing and binding, in accordance with applicable law (including regulation); and (B) without regard to any other law (including regulation), for rent of buildings and space in buildings and for repair, alteration, and improvement of buildings and space in buildings rented by the Secretary, except that the Secretary shall not expend funds under the authority of this subparagraph— (i) except when necessary to obtain an item, service, or facility, that is required in the proper administration of this subtitle, and that otherwise could not be obtained, or could not be obtained in the quantity or quality needed, or at the time, in the form, or under the conditions in which the item, service, or facility is needed; and (ii) prior to having given written notification to the Administrator of General Services (if the expenditure would affect an activity that otherwise would be under the jurisdiction of the General Services Administration) of the intention of the Secretary to make the expenditure, and the reasons and justifications for the expenditure. 161. Job Corps oversight and reporting (a) Temporary financial reporting (1) In general During the periods described in paragraphs (2) and (3)(B), the Secretary shall prepare and submit to the applicable committees financial reports regarding the Job Corps program under this subtitle. Each such financial report shall include— (A) information regarding the implementation of the financial oversight measures suggested in the May 31, 2013, report of the Office of Inspector General of the Department of Labor entitled The U.S. Department of Labor's Employment and Training Administration Needs to Strengthen Controls over Job Corps Funds ; (B) a description of any budgetary shortfalls for the program for the period covered by the financial report, and the reasons for such shortfalls; and (C) a description and explanation for any approval for contract expenditures that are in excess of the amounts provided for under the contract. (2) Timing of reports The Secretary shall submit a financial report under paragraph (1) once every 6 months beginning on the date of enactment of this Act, for a 3-year period. After the completion of such 3-year period, the Secretary shall submit a financial report under such paragraph once a year for the next 2 years, unless additional reports are required under paragraph (3)(B). (3) Reporting requirements in cases of budgetary shortfalls If any financial report required under this subsection finds that the Job Corps program under this subtitle has a budgetary shortfall for the period covered by the report, the Secretary shall— (A) not later than 90 days after the budgetary shortfall was identified, submit a report to the applicable committees explaining how the budgetary shortfall will be addressed; and (B) submit an additional financial report under paragraph (1) for each 6-month period subsequent to the finding of the budgetary shortfall until the Secretary demonstrates, through such report, that the Job Corps program has no budgetary shortfall. (b) Third-party review Every 5 years after the date of enactment of this Act, the Secretary shall provide for a third-party review of the Job Corps program under this subtitle that addresses all of the areas described in subparagraphs (A) through (G) of section 169(a)(2). The results of the review shall be submitted to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (c) Criteria for Job Corps center closures By not later than December 1, 2014, the Secretary shall establish written criteria that the Secretary shall use to determine when a Job Corps center supported under this subtitle is to be closed and how to carry out such closure, and shall submit such criteria to the applicable committees. (d) Definition of applicable committees In this section, the term applicable committees means— (1) the Committee on Education and the Workforce of the House of Representatives; (2) the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies of the Committee of Appropriations of the House of Representatives; (3) the Committee on Health, Education, Labor, and Pensions of the Senate; and (4) the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies of the Committee of Appropriations of the Senate. 162. Authorization of appropriations There are authorized to be appropriated to carry out this subtitle— (1) $1,688,155,000 for fiscal year 2015; (2) $1,818,548,000 for fiscal year 2016; (3) $1,856,283,000 for fiscal year 2017; (4) $1,897,455,000 for fiscal year 2018; (5) $1,942,064,000 for fiscal year 2019; and (6) $1,983,236,000 for fiscal year 2020. D National programs 166. Native American programs (a) Purpose (1) In general The purpose of this section is to support employment and training activities for Indian, Alaska Native, and Native Hawaiian individuals in order— (A) to develop more fully the academic, occupational, and literacy skills of such individuals; (B) to make such individuals more competitive in the workforce and to equip them with the entrepreneurial skills necessary for successful self-employment; and (C) to promote the economic and social development of Indian, Alaska Native, and Native Hawaiian communities in accordance with the goals and values of such communities. (2) Indian policy All programs assisted under this section shall be administered in a manner consistent with the principles of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ) and the government-to-government relationship between the Federal Government and Indian tribal governments. (b) Definitions As used in this section: (1) Alaska native The term Alaska Native includes a Native and a descendant of a Native, as such terms are defined in subsections (b) and (r) of section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602(b) , (r)). (2) Indian, indian tribe, and tribal organization The terms Indian , Indian tribe , and tribal organization have the meanings given such terms in subsections (d), (e), and (l), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (3) Native hawaiian and native hawaiian organization The terms Native Hawaiian and Native Hawaiian organization have the meanings given such terms in section 7207 of the Native Hawaiian Education Act ( 20 U.S.C. 7517 ). (c) Program authorized Every 4 years, the Secretary shall, on a competitive basis, make grants to, or enter into contracts or cooperative agreements with, Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out the authorized activities described in subsection (d). (d) Authorized activities (1) In general Funds made available under subsection (c) shall be used to carry out the activities described in paragraph (2) that— (A) are consistent with this section; and (B) are necessary to meet the needs of Indians, Alaska Natives, or Native Hawaiians preparing to enter, reenter, or retain unsubsidized employment leading to self-sufficiency. (2) Workforce development activities and supplemental services (A) In general Funds made available under subsection (c) shall be used for— (i) comprehensive workforce development activities for Indians, Alaska Natives, or Native Hawaiians, including training on entrepreneurial skills; or (ii) supplemental services for Indian, Alaska Native, or Native Hawaiian youth on or near Indian reservations and in Oklahoma, Alaska, or Hawaii. (B) Special rule Notwithstanding any other provision of this section, individuals who were eligible to participate in programs under section 401 of the Job Training Partnership Act (as such section was in effect on the day before the date of enactment of the Workforce Investment Act of 1998) shall be eligible to participate in an activity assisted under this section. (e) Program plan In order to receive a grant or enter into a contract or cooperative agreement under this section, an entity described in subsection (c) shall submit to the Secretary a program plan that describes a 4-year strategy for meeting the needs of Indian, Alaska Native, or Native Hawaiian individuals, as appropriate, in the area served by such entity. Such plan shall— (1) be consistent with the purpose of this section; (2) identify the population to be served; (3) identify the education and employment needs of the population to be served and the manner in which the activities to be provided will strengthen the ability of the individuals served to obtain or retain unsubsidized employment leading to self-sufficiency; (4) describe the activities to be provided and the manner in which such activities are to be integrated with other appropriate activities; and (5) describe, after the entity submitting the plan consults with the Secretary, the performance accountability measures to be used to assess the performance of entities in carrying out the activities assisted under this section, which shall include the primary indicators of performance described in section 116(b)(2)(A) and expected levels of performance for such indicators, in accordance with subsection (h). (f) Consolidation of funds Each entity receiving assistance under subsection (c) may consolidate such assistance with assistance received from related programs in accordance with the provisions of the Indian Employment, Training and Related Services Demonstration Act of 1992 ( 25 U.S.C. 3401 et seq. ). (g) Nonduplicative and nonexclusive services Nothing in this section shall be construed— (1) to limit the eligibility of any entity described in subsection (c) to participate in any activity offered by a State or local entity under this Act; or (2) to preclude or discourage any agreement, between any entity described in subsection (c) and any State or local entity, to facilitate the provision of services by such entity or to the population served by such entity. (h) Performance accountability measures (1) Additional performance indicators and standards (A) Development of indicators and standards The Secretary, in consultation with the Native American Employment and Training Council, shall develop a set of performance indicators and standards that is in addition to the primary indicators of performance described in section 116(b)(2)(A) and that shall be applicable to programs under this section. (B) Special considerations Such performance indicators and standards shall take into account— (i) the purpose of this section as described in subsection (a)(1); (ii) the needs of the groups served by this section, including the differences in needs among such groups in various geographic service areas; and (iii) the economic circumstances of the communities served, including differences in circumstances among various geographic service areas. (2) Agreement on adjusted levels of performance The Secretary and the entity described in subsection (c) shall reach agreement on the levels of performance for each of the primary indicators of performance described in section 116(b)(2)(A), taking into account economic conditions, characteristics of the individuals served, and other appropriate factors and using, to the extent practicable, the statistical adjustment model under section 116(b)(3)(A)(viii). The levels agreed to shall be the adjusted levels of performance and shall be incorporated in the program plan. (i) Administrative provisions (1) Organizational unit established The Secretary shall designate a single organizational unit within the Department of Labor that shall have primary responsibility for the administration of the activities authorized under this section. (2) Regulations The Secretary shall consult with the entities described in subsection (c) in— (A) establishing regulations to carry out this section, including regulations relating to the performance accountability measures for entities receiving assistance under this section; and (B) developing a funding distribution plan that takes into consideration previous levels of funding (prior to the date of enactment of this Act) to such entities. (3) Waivers (A) In general With respect to an entity described in subsection (c), the Secretary, notwithstanding any other provision of law, may, pursuant to a request submitted by such entity that meets the requirements established under subparagraph (B), waive any of the statutory or regulatory requirements of this title that are inconsistent with the specific needs of the entity described in such subsection, except that the Secretary may not waive requirements relating to wage and labor standards, worker rights, participation and protection of workers and participants, grievance procedures, and judicial review. (B) Request and approval An entity described in subsection (c) that requests a waiver under subparagraph (A) shall submit a plan to the Secretary to improve the program of workforce investment activities carried out by the entity, which plan shall meet the requirements established by the Secretary and shall be generally consistent with the requirements of section 189(i)(3)(B). (4) Advisory council (A) In general Using funds made available to carry out this section, the Secretary shall establish a Native American Employment and Training Council to facilitate the consultation described in paragraph (2) and to provide the advice described in subparagraph (C). (B) Composition The Council shall be composed of individuals, appointed by the Secretary, who are representatives of the entities described in subsection (c). (C) Duties The Council shall advise the Secretary on the operation and administration of the programs assisted under this section, including the selection of the individual appointed as head of the unit established under paragraph (1). (D) Personnel matters (i) Compensation of members Members of the Council shall serve without compensation. (ii) Travel expenses The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. (iii) Administrative support The Secretary shall provide the Council with such administrative support as may be necessary to perform the functions of the Council. (E) Chairperson The Council shall select a chairperson from among its members. (F) Meetings The Council shall meet not less than twice each year. (G) Application Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. (5) Technical assistance The Secretary, acting through the unit established under paragraph (1), is authorized to provide technical assistance to entities described in subsection (c) that receive assistance under such subsection to enable such entities to improve the activities authorized under this section that are provided by such entities. (6) Agreement for certain federally recognized indian tribes to transfer funds to the program A federally recognized Indian tribe that administers funds provided under this section and funds provided by more than one State under other sections of this title may enter into an agreement with the Secretary and the Governors of the affected States to transfer the funds provided by the States to the program administered by the tribe under this section. (j) Compliance with single audit requirements; related requirement Grants made and contracts and cooperative agreements entered into under this section shall be subject to the requirements of chapter 75 of subtitle V of title 31, United States Code, and charging of costs under this section shall be subject to appropriate circulars issued by the Office of Management and Budget. (k) Assistance to unique populations in Alaska and Hawaii (1) In general Notwithstanding any other provision of law, the Secretary is authorized to award grants, on a competitive basis, to entities with demonstrated experience and expertise in developing and implementing programs for the unique populations who reside in Alaska or Hawaii, including public and private nonprofit organizations, tribal organizations, American Indian tribal colleges or universities, institutions of higher education, or consortia of such organizations or institutions, to improve job training and workforce investment activities for such unique populations. (2) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (A) $461,000 for fiscal year 2015; (B) $497,000 for fiscal year 2016; (C) $507,000 for fiscal year 2017; (D) $518,000 for fiscal year 2018; (E) $530,000 for fiscal year 2019; and (F) $542,000 for fiscal year 2020. 167. Migrant and seasonal farmworker programs (a) In general Every 4 years, the Secretary shall, on a competitive basis, make grants to, or enter into contracts with, eligible entities to carry out the activities described in subsection (d). (b) Eligible entities To be eligible to receive a grant or enter into a contract under this section, an entity shall have an understanding of the problems of eligible migrant and seasonal farmworkers (including dependents), a familiarity with the area to be served, and the ability to demonstrate a capacity to administer and deliver effectively a diversified program of workforce investment activities (including youth workforce investment activities) and related assistance for eligible migrant and seasonal farmworkers. (c) Program plan (1) In general To be eligible to receive a grant or enter into a contract under this section, an entity described in subsection (b) shall submit to the Secretary a plan that describes a 4-year strategy for meeting the needs of eligible migrant and seasonal farmworkers in the area to be served by such entity. (2) Contents Such plan shall— (A) describe the population to be served and identify the education and employment needs of the population to be served and the manner in which the services to be provided will strengthen the ability of the eligible migrant and seasonal farmworkers and dependents to obtain or retain unsubsidized employment, or stabilize their unsubsidized employment, including upgraded employment in agriculture; (B) describe the related assistance and supportive services to be provided and the manner in which such assistance and services are to be integrated and coordinated with other appropriate services; (C) describe the performance accountability measures to be used to assess the performance of such entity in carrying out the activities assisted under this section, which shall include the expected levels of performance for the primary indicators of performance described in section 116(b)(2)(A); (D) describe the availability and accessibility of local resources, such as supportive services, services provided through one-stop delivery systems, and education and training services, and how the resources can be made available to the population to be served; and (E) describe the plan for providing services under this section, including strategies and systems for outreach, career planning, assessment, and delivery through one-stop delivery systems. (3) Agreement on adjusted levels of performance The Secretary and the entity described in subsection (b) shall reach agreement on the levels of performance for each of the primary indicators of performance described in section 116(b)(2)(A), taking into account economic conditions, characteristics of the individuals served, and other appropriate factors, and using, to the extent practicable, the statistical adjustment model under section 116(b)(3)(A)(viii). The levels agreed to shall be the adjusted levels of performance and shall be incorporated in the program plan. (4) Administration Grants and contracts awarded under this section shall be centrally administered by the Department of Labor and competitively awarded by the Secretary using procedures consistent with standard Federal Government competitive procurement policies. (d) Authorized activities Funds made available under this section and section 127(a)(1) shall be used to carry out workforce investment activities (including youth workforce investment activities) and provide related assistance for eligible migrant and seasonal farmworkers, which may include— (1) outreach, employment, training, educational assistance, literacy assistance, English language and literacy instruction, pesticide and worker safety training, housing (including permanent housing), supportive services, and school dropout prevention and recovery activities; (2) followup services for those individuals placed in employment; (3) self-employment and related business or micro-enterprise development or education as needed by eligible individuals as identified pursuant to the plan required by subsection (c); (4) customized career and technical education in occupations that will lead to higher wages, enhanced benefits, and long-term employment in agriculture or another area; and (5) technical assistance to improve coordination of services and implement best practices relating to service delivery through one-stop delivery systems. (e) Consultation with governors and local boards In making grants and entering into contracts under this section, the Secretary shall consult with the Governors and local boards of the States in which the eligible entities will carry out the activities described in subsection (d). (f) Regulations The Secretary shall consult with eligible migrant and seasonal farmworkers groups and States in establishing regulations to carry out this section, including regulations relating to how economic and demographic barriers to employment of eligible migrant and seasonal farmworkers should be considered and included in the negotiations leading to the adjusted levels of performance described in subsection (c)(3). (g) Compliance with single audit requirements; related requirement Grants made and contracts entered into under this section shall be subject to the requirements of chapter 75 of subtitle V of title 31, United States Code and charging of costs under this section shall be subject to appropriate circulars issued by the Office of Management and Budget. (h) Funding allocation From the funds appropriated and made available to carry out this section, the Secretary shall reserve not more than 1 percent for discretionary purposes, such as providing technical assistance to eligible entities. (i) Definitions In this section: (1) Eligible migrant and seasonal farmworkers The term eligible migrant and seasonal farmworkers means individuals who are eligible migrant farmworkers or are eligible seasonal farmworkers. (2) Eligible migrant farmworker The term eligible migrant farmworker means— (A) an eligible seasonal farmworker described in paragraph (3)(A) whose agricultural labor requires travel to a job site such that the farmworker is unable to return to a permanent place of residence within the same day; and (B) a dependent of the farmworker described in subparagraph (A). (3) Eligible seasonal farmworker The term eligible seasonal farmworker means— (A) a low-income individual who— (i) for 12 consecutive months out of the 24 months prior to application for the program involved, has been primarily employed in agricultural or fish farming labor that is characterized by chronic unemployment or underemployment; and (ii) faces multiple barriers to economic self-sufficiency; and (B) a dependent of the person described in subparagraph (A). 168. Technical assistance (a) General technical assistance (1) In general The Secretary shall ensure that the Department has sufficient capacity to, and does, provide, coordinate, and support the development of, appropriate training, technical assistance, staff development, and other activities, including— (A) assistance in replicating programs of demonstrated effectiveness, to States and localities; (B) the training of staff providing rapid response services; (C) the training of other staff of recipients of funds under this title, including the staff of local boards and State boards; (D) the training of members of State boards and local boards; (E) assistance in the development and implementation of integrated, technology-enabled intake and case management information systems for programs carried out under this Act and programs carried out by one-stop partners, such as standard sets of technical requirements for the systems, offering interfaces that States could use in conjunction with their current (as of the first date of implementation of the systems) intake and case management information systems that would facilitate shared registration across programs; (F) assistance regarding accounting and program operations to States and localities (when such assistance would not supplant assistance provided by the State); (G) peer review activities under this title; and (H) in particular, assistance to States in making transitions to implement the provisions of this Act. (2) Form of assistance (A) In general In order to carry out paragraph (1) on behalf of a State or recipient of financial assistance under section 166 or 167, the Secretary, after consultation with the State or grant recipient, may award grants or enter into contracts or cooperative agreements. (B) Limitation Grants or contracts awarded under paragraph (1) to entities other than States or local units of government that are for amounts in excess of $100,000 shall only be awarded on a competitive basis. (b) Dislocated worker technical assistance (1) Authority Of the amounts available pursuant to section 132(a)(2)(A), the Secretary shall reserve not more than 5 percent of such amounts to provide technical assistance to States that do not meet the State performance accountability measures for the primary indicators of performance described in section 116(b)(2)(A)(i) with respect to employment and training activities for dislocated workers. Using such reserved funds, the Secretary may provide such assistance to other States, local areas, and other entities involved in providing assistance to dislocated workers, to promote the continuous improvement of assistance provided to dislocated workers, under this title. (2) Training Amounts reserved under this subsection may be used to provide for the training of staff, including specialists, who provide rapid response services. Such training shall include instruction in proven methods of promoting, establishing, and assisting labor-management committees. Such projects shall be administered through the Employment and Training Administration of the Department. (c) Promising and proven practices coordination The Secretary shall— (1) establish a system through which States may share information regarding promising and proven practices with regard to the operation of workforce investment activities under this Act; (2) evaluate and disseminate information regarding such promising and proven practices and identify knowledge gaps; and (3) commission research under section 169(b) to address knowledge gaps identified under paragraph (2). 169. Evaluations and research (a) Evaluations (1) Evaluations of programs and activities carried out under this title (A) In general For the purpose of improving the management and effectiveness of programs and activities carried out under this title, the Secretary, through grants, contracts, or cooperative agreements, shall provide for the continuing evaluation of the programs and activities under this title, including those programs and activities carried out under this section. (B) Periodic independent evaluation The evaluations carried out under this paragraph shall include an independent evaluation, at least once every 4 years, of the programs and activities carried out under this title. (2) Evaluation subjects Each evaluation carried out under paragraph (1) shall address— (A) the general effectiveness of such programs and activities in relation to their cost, including the extent to which the programs and activities— (i) improve the employment competencies of participants in comparison to comparably-situated individuals who did not participate in such programs and activities; and (ii) to the extent feasible, increase the level of total employment over the level that would have existed in the absence of such programs and activities; (B) the effectiveness of the performance accountability measures relating to such programs and activities; (C) the effectiveness of the structure and mechanisms for delivery of services through such programs and activities, including the coordination and integration of services through such programs and activities; (D) the impact of such programs and activities on the community, businesses, and participants involved; (E) the impact of such programs and activities on related programs and activities; (F) the extent to which such programs and activities meet the needs of various demographic groups; and (G) such other factors as may be appropriate. (3) Evaluations of other programs and activities The Secretary may conduct evaluations of other federally funded employment-related programs and activities under other provisions of law. (4) Techniques Evaluations conducted under this subsection shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies. The Secretary shall conduct at least 1 multisite control group evaluation under this subsection by the end of fiscal year 2019, and thereafter shall ensure that such an analysis is included in the independent evaluation described in paragraph (1)(B) that is conducted at least once every 4 years. (5) Reports The entity carrying out an evaluation described in paragraph (1) or (2) shall prepare and submit to the Secretary a draft report and a final report containing the results of the evaluation. (6) Reports to congress Not later than 30 days after the completion of a draft report under paragraph (5), the Secretary shall transmit the draft report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate. Not later than 60 days after the completion of a final report under such paragraph, the Secretary shall transmit the final report to such committees. (7) Public availability Not later than 30 days after the date the Secretary transmits the final report as described in paragraph (6), the Secretary shall make that final report available to the general public on the Internet, on the Web site of the Department of Labor. (8) Publication of reports If an entity that enters into a contract or other arrangement with the Secretary to conduct an evaluation of a program or activity under this subsection requests permission from the Secretary to publish a report resulting from the evaluation, such entity may publish the report unless the Secretary denies the request during the 90-day period beginning on the date the Secretary receives such request. (9) Coordination The Secretary shall ensure the coordination of evaluations carried out by States pursuant to section 116(e) with the evaluations carried out under this subsection. (b) Research, studies, and multistate projects (1) In general After consultation with States, localities, and other interested parties, the Secretary shall, every 2 years, publish in the Federal Register, a plan that describes the research, studies, and multistate project priorities of the Department of Labor concerning employment and training for the 5-year period following the submission of the plan. The plan shall be consistent with the purposes of this title, including the purpose of aligning and coordinating core programs with other one-stop partner programs. Copies of the plan shall be transmitted to the Committee on Education and the Workforce of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, the Department of Education, and other relevant Federal agencies. (2) Factors The plan published under paragraph (1) shall contain strategies to address national employment and training problems and take into account factors such as— (A) the availability of existing research (as of the date of the publication); (B) the need to ensure results that have interstate validity; (C) the benefits of economies of scale and the efficiency of proposed projects; and (D) the likelihood that the results of the projects will be useful to policymakers and stakeholders in addressing employment and training problems. (3) Research projects The Secretary shall, through grants or contracts, carry out research projects that will contribute to the solution of employment and training problems in the United States and that are consistent with the priorities specified in the plan published under paragraph (1). (4) Studies and reports (A) Net impact studies and reports The Secretary of Labor, in coordination with the Secretary of Education and other relevant Federal agencies, may conduct studies to determine the net impact and best practices of programs, services, and activities carried out under this Act. (B) Study on resources available to assist disconnected youth The Secretary of Labor, in coordination with the Secretary of Education, may conduct a study examining the characteristics of eligible youth that result in such youth being significantly disconnected from education and workforce participation, the ways in which such youth could have greater opportunities for education attainment and obtaining employment, and the resources available to assist such youth in obtaining the skills, credentials, and work experience necessary to become economically self-sufficient. (C) Study of effectiveness of workforce development system in meeting business needs Using funds available to carry out this subsection jointly with funds available to the Secretary of Commerce, the Administrator of the Small Business Administration, and the Secretary of Education, the Secretary of Labor, in coordination with the Secretary of Commerce, the Administrator of the Small Business Administration, and the Secretary of Education, may conduct a study of the effectiveness of the workforce development system in meeting the needs of business, such as through the use of industry or sector partnerships, with particular attention to the needs of small business, including in assisting workers to obtain the skills needed to utilize emerging technologies. (D) Study on participants entering nontraditional occupations The Secretary of Labor, in coordination with the Secretary of Education, may conduct a study examining the number and percentage of individuals who receive employment and training activities and who enter nontraditional occupations, successful strategies to place and support the retention of individuals in nontraditional employment (such as by providing post-placement assistance to participants in the form of exit interviews, mentoring, networking, and leadership development), and the degree to which recipients of employment and training activities are informed of the possibility of, or directed to begin, training or education needed for entrance into nontraditional occupations. (E) Study on performance indicators The Secretary of Labor, in coordination with the Secretary of Education, may conduct studies to determine the feasibility of, and potential means to replicate, measuring the compensation, including the wages, benefits, and other incentives provided by an employer, received by program participants by using data other than or in addition to data available through wage records, for potential use as a performance indicator. (F) Study on job training for recipients of public housing assistance The Secretary of Labor, in coordination with the Secretary of Housing and Urban Development, may conduct studies to assist public housing authorities to provide, to recipients of public housing assistance, job training programs that successfully upgrade job skills and employment in, and access to, jobs with opportunity for advancement and economic self-sufficiency for such recipients. (G) Study on improving employment prospects for older individuals The Secretary of Labor, in coordination with the Secretary of Education and the Secretary of Health and Human Services, may conduct studies that lead to better design and implementation of, in conjunction with employers, local boards or State boards, community colleges or area career and technical education schools, and other organizations, effective evidence-based strategies to provide services to workers who are low-income, low-skilled older individuals that increase the workers’ skills and employment prospects. (H) Study on prior learning The Secretary of Labor, in coordination with other heads of Federal agencies, as appropriate, may conduct studies that, through convening stakeholders from the fields of education, workforce, business, labor, defense, and veterans services, and experts in such fields, develop guidelines for assessing, accounting for, and utilizing the prior learning of individuals, including dislocated workers and veterans, in order to provide the individuals with postsecondary educational credit for such prior learning that leads to the attainment of a recognized postsecondary credential identified under section 122(d) and employment. (I) Study on career pathways for health care providers and providers of early education and child care The Secretary of Labor, in coordination with the Secretary of Education and the Secretary of Health and Human Services, shall conduct a multistate study to develop, implement, and build upon career advancement models and practices for low-wage health care providers or providers of early education and child care, including faculty education and distance education programs. (J) Study on equivalent pay The Secretary shall conduct a multistate study to develop and disseminate strategies for ensuring that programs and activities carried out under this Act are placing individuals in jobs, education, and training that lead to equivalent pay for men and women, including strategies to increase the participation of women in high-wage, high-demand occupations in which women are underrepresented. (K) Reports The Secretary shall prepare and disseminate to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, and to the public, including through electronic means, reports containing the results of the studies conducted under this paragraph. (5) Multistate projects (A) Authority The Secretary may, through grants or contracts, carry out multistate projects that require demonstrated expertise that is available at the national level to effectively disseminate best practices and models for implementing employment and training services, address the specialized employment and training needs of particular service populations, or address industry-wide skill shortages, to the extent such projects are consistent with the priorities specified in the plan published under paragraph (1). (B) Design of grants Agreements for grants or contracts awarded under this paragraph shall be designed to obtain information relating to the provision of services under different economic conditions or to various demographic groups in order to provide guidance at the national and State levels about how best to administer specific employment and training services. (6) Limitations (A) Competitive awards A grant or contract awarded for carrying out a project under this subsection in an amount that exceeds $100,000 shall be awarded only on a competitive basis, except that a noncompetitive award may be made in the case of a project that is funded jointly with other public or private sector entities that provide a substantial portion of assistance under the grant or contract for the project. (B) Time limits A grant or contract shall not be awarded under this subsection to the same organization for more than 3 consecutive years unless such grant or contract is competitively reevaluated within such period. (C) Peer review (i) In general The Secretary shall utilize a peer review process— (I) to review and evaluate all applications for grants in amounts that exceed $500,000 that are submitted under this section; and (II) to review and designate exemplary and promising programs under this section. (ii) Availability of funds The Secretary is authorized to use funds provided under this section to carry out peer review activities under this subparagraph. (D) Priority In awarding grants or contracts under this subsection, priority shall be provided to entities with recognized expertise in the methods, techniques, and knowledge of workforce investment activities. The Secretary shall establish appropriate time limits for the duration of such projects. (c) Dislocated worker projects Of the amount made available pursuant to section 132(a)(2)(A) for any program year, the Secretary shall use not more than 10 percent of such amount to carry out demonstration and pilot projects, multiservice projects, and multistate projects relating to the employment and training needs of dislocated workers. Of the requirements of this section, such projects shall be subject only to the provisions relating to review and evaluation of applications under subsection (b)(6)(C). Such projects may include demonstration and pilot projects relating to promoting self-employment, promoting job creation, averting dislocations, assisting dislocated farmers, assisting dislocated fishermen, and promoting public works. Such projects shall be administered by the Secretary, acting through the Assistant Secretary for Employment and Training. 170. National dislocated worker grants (a) Definitions In this section: (1) Emergency or disaster The term emergency or disaster means— (A) an emergency or a major disaster, as defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122 (1) and (2)); or (B) an emergency or disaster situation of national significance that could result in a potentially large loss of employment, as declared or otherwise recognized by the chief official of a Federal agency with authority for or jurisdiction over the Federal response to the emergency or disaster situation. (2) Disaster area The term disaster area means an area that has suffered or in which has occurred an emergency or disaster. (b) In general (1) Grants The Secretary is authorized to award national dislocated worker grants— (A) to an entity described in subsection (c)(1)(B) to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; (B) to provide assistance to— (i) the Governor of any State within the boundaries of which is a disaster area, to provide disaster relief employment in the disaster area; or (ii) the Governor of any State to which a substantial number of workers from an area in which an emergency or disaster has been declared or otherwise recognized have relocated; (C) to provide additional assistance to a State board or local board for eligible dislocated workers in a case in which the State board or local board has expended the funds provided under this section to carry out activities described in subparagraphs (A) and (B) and can demonstrate the need for additional funds to provide appropriate services for such workers, in accordance with requirements prescribed by the Secretary; and (D) to provide additional assistance to a State board or local board serving an area where— (i) a higher-than-average demand for employment and training activities for dislocated members of the Armed Forces, spouses described in section 3(15)(E), or members of the Armed Forces described in subsection (c)(2)(A)(iv), exceeds State and local resources for providing such activities; and (ii) such activities are to be carried out in partnership with the Department of Defense and Department of Veterans Affairs transition assistance programs. (2) Decisions and obligations The Secretary shall issue a final decision on an application for a national dislocated worker grant under this subsection not later than 45 calendar days after receipt of the application. The Secretary shall issue a notice of obligation for such grant not later than 10 days after the award of such grant. (c) Employment and training assistance requirements (1) Grant recipient eligibility (A) Application To be eligible to receive a grant under subsection (b)(1)(A), an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (B) Eligible entity In this paragraph, the term entity means a State, a local board, an entity described in section 166(c), an entity determined to be eligible by the Governor of the State involved, and any other entity that demonstrates to the Secretary the capability to effectively respond to the circumstances relating to particular dislocations. (2) Participant eligibility (A) In general In order to be eligible to receive employment and training assistance under a national dislocated worker grant awarded pursuant to subsection (b)(1)(A), an individual shall be— (i) a dislocated worker; (ii) a civilian employee of the Department of Defense or the Department of Energy employed at a military installation that is being closed, or that will undergo realignment, within the next 24 months after the date of the determination of eligibility; (iii) an individual who is employed in a nonmanagerial position with a Department of Defense contractor, who is determined by the Secretary of Defense to be at risk of termination from employment as a result of reductions in defense expenditures, and whose employer is converting operations from defense to nondefense applications in order to prevent worker layoffs; or (iv) a member of the Armed Forces who— (I) was on active duty or full-time National Guard duty; (II) (aa) is involuntarily separated (as defined in section 1141 of title 10, United States Code) from active duty or full-time National Guard duty; or (bb) is separated from active duty or full-time National Guard duty pursuant to a special separation benefits program under section 1174a of title 10, United States Code, or the voluntary separation incentive program under section 1175 of that title; (III) is not entitled to retired or retained pay incident to the separation described in subclause (II); and (IV) applies for such employment and training assistance before the end of the 180-day period beginning on the date of that separation. (B) Retraining assistance The individuals described in subparagraph (A)(iii) shall be eligible for retraining assistance to upgrade skills by obtaining marketable skills needed to support the conversion described in subparagraph (A)(iii). (C) Additional requirements The Secretary shall establish and publish additional requirements related to eligibility for employment and training assistance under the national dislocated worker grants to ensure effective use of the funds available for this purpose. (D) Definitions In this paragraph, the terms military installation and realignment have the meanings given the terms in section 2910 of the Defense Base Closure and Realignment Act of 1990 ( Public Law 101–510 ; 10 U.S.C. 2687 note). (d) Disaster relief employment assistance requirements (1) In general Funds made available under subsection (b)(1)(B)— (A) shall be used, in coordination with the Administrator of the Federal Emergency Management Agency, as applicable, to provide disaster relief employment on projects that provide food, clothing, shelter, and other humanitarian assistance for emergency and disaster victims, and projects regarding demolition, cleaning, repair, renovation, and reconstruction of damaged and destroyed structures, facilities, and lands located within the disaster area and in offshore areas related to the emergency or disaster; (B) may be expended through public and private agencies and organizations engaged in such projects; and (C) may be expended to provide employment and training activities. (2) Eligibility An individual shall be eligible to be offered disaster relief employment under subsection (b)(1)(B) if such individual— (A) is a dislocated worker; (B) is a long-term unemployed individual; (C) is temporarily or permanently laid off as a consequence of the emergency or disaster; or (D) in the case of an individual who is self-employed, becomes unemployed or significantly underemployed as a result of the emergency or disaster. (3) Limitations on disaster relief employment (A) In general Except as provided in subparagraph (B), no individual shall be employed under subsection (b)(1)(B) for more than 12 months for work related to recovery from a single emergency or disaster. (B) Extension At the request of a State, the Secretary may extend such employment, related to recovery from a single emergency or disaster involving the State, for not more than an additional 12 months. (4) Use of available funds Funds made available under subsection (b)(1)(B) shall be available to assist workers described in paragraph (2) who are affected by an emergency or disaster, including workers who have relocated from an area in which an emergency or disaster has been declared or otherwise recognized, as appropriate. Under conditions determined by the Secretary and following notification to the Secretary, a State may use such funds, that are appropriated for any fiscal year and available for expenditure under any grant awarded to the State under this section, to provide any assistance authorized under this subsection. Funds used pursuant to the authority provided under this paragraph shall be subject to the liability and reimbursement requirements described in paragraph (5). (5) Liability and reimbursement Nothing in this Act shall be construed to relieve liability, by a responsible party that is liable under Federal law, for any costs incurred by the United States under subsection (b)(1)(B) or this subsection, including the responsibility to provide reimbursement for such costs to the United States. 171. YouthBuild program (a) Statement of purpose The purposes of this section are— (1) to enable disadvantaged youth to obtain the education and employment skills necessary to achieve economic self-sufficiency in occupations in demand and postsecondary education and training opportunities; (2) to provide disadvantaged youth with opportunities for meaningful work and service to their communities; (3) to foster the development of employment and leadership skills and commitment to community development among youth in low-income communities; (4) to expand the supply of permanent affordable housing for homeless individuals and low-income families by utilizing the energies and talents of disadvantaged youth; and (5) to improve the quality and energy efficiency of community and other nonprofit and public facilities, including those facilities that are used to serve homeless and low-income families. (b) Definitions In this section: (1) Adjusted income The term adjusted income has the meaning given the term in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (2) Applicant The term applicant means an eligible entity that has submitted an application under subsection (c). (3) Eligible entity The term eligible entity means a public or private nonprofit agency or organization (including a consortium of such agencies or organizations), including— (A) a community-based organization; (B) a faith-based organization; (C) an entity carrying out activities under this title, such as a local board; (D) a community action agency; (E) a State or local housing development agency; (F) an Indian tribe or other agency primarily serving Indians; (G) a community development corporation; (H) a State or local youth service or conservation corps; and (I) any other entity eligible to provide education or employment training under a Federal program (other than the program carried out under this section). (4) Homeless individual The term homeless individual means a homeless individual (as defined in section 41403(6) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6) )) or a homeless child or youth (as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) )). (5) Housing development agency The term housing development agency means any agency of a State or local government, or any private nonprofit organization, that is engaged in providing housing for homeless individuals or low-income families. (6) Income The term income has the meaning given the term in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (7) Indian; indian tribe The terms Indian and Indian tribe have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (8) Low-income family The term low-income family means a family described in section 3(b)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(2) ). (9) Qualified national nonprofit agency The term qualified national nonprofit agency means a nonprofit agency that— (A) has significant national experience providing services consisting of training, information, technical assistance, and data management to YouthBuild programs or similar projects; and (B) has the capacity to provide those services. (10) Registered apprenticeship program The term registered apprenticeship program means an apprenticeship program— (A) registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ); and (B) that meets such other criteria as may be established by the Secretary under this section. (11) Transitional housing The term transitional housing has the meaning given the term in section 401(29) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360(29) ). (12) YouthBuild program The term YouthBuild program means any program that receives assistance under this section and provides disadvantaged youth with opportunities for employment, education, leadership development, and training through the rehabilitation (which, for purposes of this section, shall include energy efficiency enhancements) or construction of housing for homeless individuals and low-income families, and of public facilities. (c) YouthBuild grants (1) Amounts of grants The Secretary is authorized to make grants to applicants for the purpose of carrying out YouthBuild programs approved under this section. (2) Eligible activities An entity that receives a grant under this subsection shall use the funds made available through the grant to carry out a YouthBuild program, which may include the following activities: (A) Education and workforce investment activities including— (i) work experience and skills training (coordinated, to the maximum extent feasible, with preapprenticeship and registered apprenticeship programs) in the activities described in subparagraphs (B) and (C) related to rehabilitation or construction, and, if approved by the Secretary, in additional in-demand industry sectors or occupations in the region in which the program operates; (ii) occupational skills training; (iii) other paid and unpaid work experiences, including internships and job shadowing; (iv) services and activities designed to meet the educational needs of participants, including— (I) basic skills instruction and remedial education; (II) language instruction educational programs for participants who are English language learners; (III) secondary education services and activities, including tutoring, study skills training, and school dropout prevention and recovery activities, designed to lead to the attainment of a secondary school diploma or its recognized equivalent (including recognized certificates of attendance or similar documents for individuals with disabilities); (IV) counseling and assistance in obtaining postsecondary education and required financial aid; and (V) alternative secondary school services; (v) counseling services and related activities, such as comprehensive guidance and counseling on drug and alcohol abuse and referral; (vi) activities designed to develop employment and leadership skills, which may include community service and peer-centered activities encouraging responsibility and other positive social behaviors, and activities related to youth policy committees that participate in decision-making related to the program; (vii) supportive services and provision of need-based stipends necessary to enable individuals to participate in the program and to assist individuals, for a period not to exceed 12 months after the completion of training, in obtaining or retaining employment, or applying for and transitioning to postsecondary education or training; and (viii) job search and assistance. (B) Supervision and training for participants in the rehabilitation or construction of housing, including residential housing for homeless individuals or low-income families, or transitional housing for homeless individuals, and, if approved by the Secretary, in additional in-demand industry sectors or occupations in the region in which the program operates. (C) Supervision and training for participants— (i) in the rehabilitation or construction of community and other public facilities, except that not more than 15 percent of funds appropriated to carry out this section may be used for such supervision and training; and (ii) if approved by the Secretary, in additional in-demand industry sectors or occupations in the region in which the program operates. (D) Payment of administrative costs of the applicant, including recruitment and selection of participants, except that not more than 10 percent of the amount of assistance provided under this subsection to the grant recipient may be used for such costs. (E) Adult mentoring. (F) Provision of wages, stipends, or benefits to participants in the program. (G) Ongoing training and technical assistance that are related to developing and carrying out the program. (H) Follow-up services. (3) Application (A) Form and procedure To be qualified to receive a grant under this subsection, an eligible entity shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (B) Minimum requirements The Secretary shall require that the application contain, at a minimum— (i) labor market information for the labor market area where the proposed program will be implemented, including both current data (as of the date of submission of the application) and projections on career opportunities in construction and in-demand industry sectors or occupations; (ii) a request for the grant, specifying the amount of the grant requested and its proposed uses; (iii) a description of the applicant and a statement of its qualifications, including a description of the applicant’s relationship with local boards, one-stop operators, local unions, entities carrying out registered apprenticeship programs, other community groups, and employers, and the applicant’s past experience, if any, with rehabilitation or construction of housing or public facilities, and with youth education and employment training programs; (iv) a description of the proposed site for the proposed program; (v) a description of the educational and job training activities, work opportunities, postsecondary education and training opportunities, and other services that will be provided to participants, and how those activities, opportunities, and services will prepare youth for employment in in-demand industry sectors or occupations in the labor market area described in clause (i); (vi) (I) a description of the proposed activities to be undertaken under the grant related to rehabilitation or construction, and, in the case of an applicant requesting approval from the Secretary to also carry out additional activities related to in-demand industry sectors or occupations, a description of such additional proposed activities; and (II) the anticipated schedule for carrying out all activities proposed under subclause (I); (vii) a description of the manner in which eligible youth will be recruited and selected as participants, including a description of arrangements that will be made with local boards, one-stop operators, faith- and community-based organizations, State educational agencies or local educational agencies (including agencies of Indian tribes), public assistance agencies, the courts of jurisdiction, agencies operating shelters for homeless individuals and other agencies that serve youth who are homeless individuals, foster care agencies, and other appropriate public and private agencies; (viii) a description of the special outreach efforts that will be undertaken to recruit eligible young women (including young women with dependent children) as participants; (ix) a description of the specific role of employers in the proposed program, such as their role in developing the proposed program and assisting in service provision and in placement activities; (x) a description of how the proposed program will be coordinated with other Federal, State, and local activities and activities conducted by Indian tribes, such as local workforce investment activities, career and technical education and training programs, adult and language instruction educational programs, activities conducted by public schools, activities conducted by community colleges, national service programs, and other job training provided with funds available under this title; (xi) assurances that there will be a sufficient number of adequately trained supervisory personnel in the proposed program; (xii) a description of the levels of performance to be achieved with respect to the primary indicators of performance for eligible youth described in section 116(b)(2)(A)(ii); (xiii) a description of the applicant’s relationship with local building trade unions regarding their involvement in training to be provided through the proposed program, the relationship of the proposed program to established registered apprenticeship programs and employers, the ability of the applicant to grant an industry-recognized certificate or certification through the program, and the quality of the program leading to the certificate or certification; (xiv) a description of activities that will be undertaken to develop the leadership skills of participants; (xv) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures, that will be used to ensure fiscal soundness for the proposed program; (xvi) a description of the commitments for any additional resources (in addition to the funds made available through the grant) to be made available to the proposed program from— (I) the applicant; (II) recipients of other Federal, State, or local housing and community development assistance that will sponsor any part of the rehabilitation or construction, operation and maintenance, or other housing and community development activities undertaken as part of the proposed program; or (III) entities carrying out other Federal, State, or local activities or activities conducted by Indian tribes, including career and technical education and training programs, adult and language instruction educational programs, and job training provided with funds available under this title; (xvii) information identifying, and a description of, the financing proposed for any— (I) rehabilitation of the property involved; (II) acquisition of the property; or (III) construction of the property; (xviii) information identifying, and a description of, the entity that will operate and manage the property; (xix) information identifying, and a description of, the data collection systems to be used; (xx) a certification, by a public official responsible for the housing strategy for the State or unit of general local government within which the proposed program is located, that the proposed program is consistent with the housing strategy; and (xxi) a certification that the applicant will comply with the requirements of the Fair Housing Act ( 42 U.S.C. 3601 et seq. ) and will affirmatively further fair housing. (4) Selection criteria For an applicant to be eligible to receive a grant under this subsection, the applicant and the applicant’s proposed program shall meet such selection criteria as the Secretary shall establish under this section, which shall include criteria relating to— (A) the qualifications or potential capabilities of an applicant; (B) an applicant’s potential for developing a successful YouthBuild program; (C) the need for an applicant’s proposed program, as determined by the degree of economic distress of the community from which participants would be recruited (measured by indicators such as poverty, youth unemployment, and the number of individuals who have dropped out of secondary school) and of the community in which the housing and community and public facilities proposed to be rehabilitated or constructed is located (measured by indicators such as incidence of homelessness, shortage of affordable housing, and poverty); (D) the commitment of an applicant to providing skills training, leadership development, and education to participants; (E) the focus of a proposed program on preparing youth for in-demand industry sectors or occupations, or postsecondary education and training opportunities; (F) the extent of an applicant’s coordination of activities to be carried out through the proposed program with local boards, one-stop operators, and one-stop partners participating in the operation of the one-stop delivery system involved, or the extent of the applicant’s good faith efforts in achieving such coordination; (G) the extent of the applicant’s coordination of activities with public education, criminal justice, housing and community development, national service, or postsecondary education or other systems that relate to the goals of the proposed program; (H) the extent of an applicant’s coordination of activities with employers in the local area involved; (I) the extent to which a proposed program provides for inclusion of tenants who were previously homeless individuals in the rental housing provided through the program; (J) the commitment of additional resources (in addition to the funds made available through the grant) to a proposed program by— (i) an applicant; (ii) recipients of other Federal, State, or local housing and community development assistance who will sponsor any part of the rehabilitation or construction, operation and maintenance, or other housing and community development activities undertaken as part of the proposed program; or (iii) entities carrying out other Federal, State, or local activities or activities conducted by Indian tribes, including career and technical education and training programs, adult and language instruction educational programs, and job training provided with funds available under this title; (K) the applicant’s potential to serve different regions, including rural areas and States that have not previously received grants for YouthBuild programs; and (L) such other factors as the Secretary determines to be appropriate for purposes of carrying out the proposed program in an effective and efficient manner. (5) Approval To the extent practicable, the Secretary shall notify each applicant, not later than 5 months after the date of receipt of the application by the Secretary, whether the application is approved or not approved. (d) Use of housing units Residential housing units rehabilitated or constructed using funds made available under subsection (c), shall be available solely— (1) for rental by, or sale to, homeless individuals or low-income families; or (2) for use as transitional or permanent housing, for the purpose of assisting in the movement of homeless individuals to independent living. (e) Additional program requirements (1) Eligible participants (A) In general Except as provided in subparagraph (B), an individual may participate in a YouthBuild program only if such individual is— (i) not less than age 16 and not more than age 24, on the date of enrollment; (ii) a member of a low-income family, a youth in foster care (including youth aging out of foster care), a youth offender, a youth who is an individual with a disability, a child of incarcerated parents, or a migrant youth; and (iii) a school dropout, or an individual who was a school dropout and has subsequently reenrolled. (B) Exception for individuals not meeting income or educational need requirements Not more than 25 percent of the participants in such program may be individuals who do not meet the requirements of clause (ii) or (iii) of subparagraph (A), but who— (i) are basic skills deficient, despite attainment of a secondary school diploma or its recognized equivalent (including recognized certificates of attendance or similar documents for individuals with disabilities); or (ii) have been referred by a local secondary school for participation in a YouthBuild program leading to the attainment of a secondary school diploma. (2) Participation limitation An eligible individual selected for participation in a YouthBuild program shall be offered full-time participation in the program for a period of not less than 6 months and not more than 24 months. (3) Minimum time devoted to educational services and activities A YouthBuild program receiving assistance under subsection (c) shall be structured so that participants in the program are offered— (A) education and related services and activities designed to meet educational needs, such as those specified in clauses (iv) through (vii) of subsection (c)(2)(A), during at least 50 percent of the time during which the participants participate in the program; and (B) work and skill development activities, such as those specified in clauses (i), (ii), (iii), and (viii) of subsection (c)(2)(A), during at least 40 percent of the time during which the participants participate in the program. (4) Authority restriction No provision of this section may be construed to authorize any agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution (including a school) or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system. (5) State and local standards All educational programs and activities supported with funds provided under subsection (c) shall be consistent with applicable State and local educational standards. Standards and procedures for the programs and activities that relate to awarding academic credit for and certifying educational attainment in such programs and activities shall be consistent with applicable State and local educational standards. (f) Levels of performance and indicators (1) In general The Secretary shall annually establish expected levels of performance for YouthBuild programs relating to each of the primary indicators of performance for eligible youth activities described in section 116(b)(2)(A)(ii). (2) Additional indicators The Secretary may establish expected levels of performance for additional indicators for YouthBuild programs, as the Secretary determines appropriate. (g) Management and technical assistance (1) Secretary assistance The Secretary may enter into contracts with 1 or more entities to provide assistance to the Secretary in the management, supervision, and coordination of the program carried out under this section. (2) Technical assistance (A) Contracts and grants The Secretary shall enter into contracts with or make grants to 1 or more qualified national nonprofit agencies, in order to provide training, information, technical assistance, program evaluation, and data management to recipients of grants under subsection (c). (B) Reservation of funds Of the amounts available under subsection (i) to carry out this section for a fiscal year, the Secretary shall reserve 5 percent to carry out subparagraph (A). (3) Capacity building grants (A) In general In each fiscal year, the Secretary may use not more than 3 percent of the amounts available under subsection (i) to award grants to 1 or more qualified national nonprofit agencies to pay for the Federal share of the cost of capacity building activities. (B) Federal share The Federal share of the cost described in subparagraph (A) shall be 25 percent. The non-Federal share shall be provided from private sources. (h) Subgrants and contracts Each recipient of a grant under subsection (c) to carry out a YouthBuild program shall provide the services and activities described in this section directly or through subgrants, contracts, or other arrangements with local educational agencies, institutions of higher education, State or local housing development agencies, other public agencies, including agencies of Indian tribes, or private organizations. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $77,534,000 for fiscal year 2015; (2) $83,523,000 for fiscal year 2016; (3) $85,256,000 for fiscal year 2017; (4) $87,147,000 for fiscal year 2018; (5) $89,196,000 for fiscal year 2019; and (6) $91,087,000 for fiscal year 2020. 172. Authorization of appropriations (a) Native American programs There are authorized to be appropriated to carry out section 166 (not including subsection (k) of such section)— (1) $46,082,000 for fiscal year 2015; (2) $49,641,000 for fiscal year 2016; (3) $50,671,000 for fiscal year 2017; (4) $51,795,000 for fiscal year 2018; (5) $53,013,000 for fiscal year 2019; and (6) $54,137,000 for fiscal year 2020. (b) Migrant and seasonal farmworker programs There are authorized to be appropriated to carry out section 167— (1) $81,896,000 for fiscal year 2015; (2) $88,222,000 for fiscal year 2016; (3) $90,052,000 for fiscal year 2017; (4) $92,050,000 for fiscal year 2018; (5) $94,214,000 for fiscal year 2019; and (6) $96,211,000 for fiscal year 2020. (c) Technical assistance There are authorized to be appropriated to carry out section 168— (1) $3,000,000 for fiscal year 2015; (2) $3,232,000 for fiscal year 2016; (3) $3,299,000 for fiscal year 2017; (4) $3,372,000 for fiscal year 2018; (5) $3,451,000 for fiscal year 2019; and (6) $3,524,000 for fiscal year 2020. (d) Evaluations and research There are authorized to be appropriated to carry out section 169— (1) $91,000,000 for fiscal year 2015; (2) $98,029,000 for fiscal year 2016; (3) $100,063,000 for fiscal year 2017; (4) $102,282,000 for fiscal year 2018; (5) $104,687,000 for fiscal year 2019; and (6) $106,906,000 for fiscal year 2020. (e) Assistance for veterans If, as of the date of enactment of this Act, any unobligated funds appropriated to carry out section 168 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act, remain available, the Secretary of Labor shall continue to use such funds to carry out such section, as in effect on such day, until all of such funds are expended. (f) Assistance for eligible workers If, as of the date of enactment of this Act, any unobligated funds appropriated to carry out subsections (f) and (g) of section 173 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act, remain available, the Secretary of Labor shall continue to use such funds to carry out such subsections, as in effect on such day, until all of such funds are expended. E Administration 181. Requirements and restrictions (a) Benefits (1) Wages (A) In general Individuals in on-the-job training or individuals employed in activities under this title shall be compensated at the same rates, including periodic increases, as trainees or employees who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills, and such rates shall be in accordance with applicable law, but in no event less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or the applicable State or local minimum wage law. (B) Rule of construction The reference in subparagraph (A) to section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) shall not be applicable for individuals in territorial jurisdictions in which section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) does not apply. (2) Treatment of allowances, earnings, and payments Allowances, earnings, and payments to individuals participating in programs under this title shall not be considered as income for the purposes of determining eligibility for and the amount of income transfer and in-kind aid furnished under any Federal or federally assisted program based on need, other than as provided under the Social Security Act ( 42 U.S.C. 301 et seq. ). (b) Labor standards (1) Limitations on activities that impact wages of employees No funds provided under this title shall be used to pay the wages of incumbent employees during their participation in economic development activities provided through a statewide workforce development system. (2) Displacement (A) Prohibition A participant in a program or activity authorized under this title (referred to in this section as a specified activity ) shall not displace (including a partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits) any currently employed employee (as of the date of the participation). (B) Prohibition on impairment of contracts A specified activity shall not impair an existing contract for services or collective bargaining agreement, and no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned. (3) Other prohibitions A participant in a specified activity shall not be employed in a job if— (A) any other individual is on layoff from the same or any substantially equivalent job; (B) the employer has terminated the employment of any regular employee or otherwise reduced the workforce of the employer with the intention of filling the vacancy so created with the participant; or (C) the job is created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals (as of the date of the participation). (4) Health and safety Health and safety standards established under Federal and State law otherwise applicable to working conditions of employees shall be equally applicable to working conditions of participants engaged in specified activities. To the extent that a State workers’ compensation law applies, workers’ compensation shall be provided to participants on the same basis as the compensation is provided to other individuals in the State in similar employment. (5) Employment conditions Individuals in on-the-job training or individuals employed in programs and activities under this title shall be provided benefits and working conditions at the same level and to the same extent as other trainees or employees working a similar length of time and doing the same type of work. (6) Opportunity to submit comments Interested members of the public, including representatives of businesses and of labor organizations, shall be provided an opportunity to submit comments to the Secretary with respect to programs and activities proposed to be funded under subtitle B. (7) No impact on union organizing Each recipient of funds under this title shall provide to the Secretary assurances that none of such funds will be used to assist, promote, or deter union organizing. (c) Grievance procedure (1) In general Each State and local area receiving an allotment or allocation under this title shall establish and maintain a procedure for grievances or complaints alleging violations of the requirements of this title from participants and other interested or affected parties. Such procedure shall include an opportunity for a hearing and be completed within 60 days after the filing of the grievance or complaint. (2) Investigation (A) In general The Secretary shall investigate an allegation of a violation described in paragraph (1) if— (i) a decision relating to such violation has not been reached within 60 days after the date of the filing of the grievance or complaint and either party appeals to the Secretary; or (ii) a decision relating to such violation has been reached within such 60 days and the party to which such decision is adverse appeals such decision to the Secretary. (B) Additional requirement The Secretary shall make a final determination relating to an appeal made under subparagraph (A) no later than 120 days after receiving such appeal. (3) Remedies Remedies that may be imposed under this section for a violation of any requirement of this title shall be limited— (A) to suspension or termination of payments under this title; (B) to prohibition of placement of a participant with an employer that has violated any requirement under this title; (C) where applicable, to reinstatement of an employee, payment of lost wages and benefits, and reestablishment of other relevant terms, conditions, and privileges of employment; and (D) where appropriate, to other equitable relief. (4) Rule of construction Nothing in paragraph (3) shall be construed to prohibit a grievant or complainant from pursuing a remedy authorized under another Federal, State, or local law for a violation of this title. (d) Relocation (1) Prohibition on use of funds to encourage or induce relocation No funds provided under this title shall be used, or proposed for use, to encourage or induce the relocation of a business or part of a business if such relocation would result in a loss of employment for any employee of such business at the original location and such original location is within the United States. (2) Prohibition on use of funds after relocation No funds provided under this title for an employment or training activity shall be used for customized or skill training, on-the-job training, incumbent worker training, transitional employment, or company-specific assessments of job applicants or employees, for any business or part of a business that has relocated, until the date that is 120 days after the date on which such business commences operations at the new location, if the relocation of such business or part of a business results in a loss of employment for any employee of such business at the original location and such original location is within the United States. (3) Repayment If the Secretary determines that a violation of paragraph (1) or (2) has occurred, the Secretary shall require the State that has violated such paragraph (or that has provided funding to an entity that has violated such paragraph) to repay to the United States an amount equal to the amount expended in violation of such paragraph. (e) Limitation on use of funds No funds available to carry out an activity under this title shall be used for employment generating activities, investment in revolving loan funds, capitalization of businesses, investment in contract bidding resource centers, economic development activities, or similar activities, that are not directly related to training for eligible individuals under this title. No funds received to carry out an activity under subtitle B shall be used for foreign travel. (f) Testing and sanctioning for use of controlled substances (1) In general Notwithstanding any other provision of law, a State shall not be prohibited by the Federal Government from— (A) testing participants in programs under subtitle B for the use of controlled substances; and (B) sanctioning such participants who test positive for the use of such controlled substances. (2) Additional requirements (A) Period of sanction In sanctioning participants in a program under subtitle B who test positive for the use of controlled substances— (i) with respect to the first occurrence for which a participant tests positive, a State may exclude the participant from the program for a period not to exceed 6 months; and (ii) with respect to the second occurrence and each subsequent occurrence for which a participant tests positive, a State may exclude the participant from the program for a period not to exceed 2 years. (B) Appeal The testing of participants and the imposition of sanctions under this subsection shall be subject to expeditious appeal in accordance with due process procedures established by the State. (C) Privacy A State shall establish procedures for testing participants for the use of controlled substances that ensure a maximum degree of privacy for the participants. (3) Funding requirement In testing and sanctioning of participants for the use of controlled substances in accordance with this subsection, the only Federal funds that a State may use are the amounts made available for the administration of statewide workforce investment activities under section 134(a)(3)(B). (g) Subgrant authority A recipient of grant funds under this title shall have the authority to enter into subgrants in order to carry out the grant, subject to such conditions as the Secretary may establish. 182. Prompt allocation of funds (a) Allotments based on latest available data All allotments to States and grants to outlying areas under this title shall be based on the latest available data and estimates satisfactory to the Secretary. All data relating to disadvantaged adults and disadvantaged youth shall be based on the most recent satisfactory data from the Bureau of the Census. (b) Publication in Federal register relating to formula funds Whenever the Secretary allots funds required to be allotted under this title, the Secretary shall publish in a timely fashion in the Federal Register the amount proposed to be distributed to each recipient of the funds. (c) Requirement for funds distributed by formula All funds required to be allotted under section 127 or 132 shall be allotted within 45 days after the date of enactment of the Act appropriating the funds, except that, if such funds are appropriated in advance as authorized by section 189(g), such funds shall be allotted or allocated not later than the March 31 preceding the program year for which such funds are to be available for obligation. (d) Publication in Federal register relating to discretionary funds Whenever the Secretary utilizes a formula to allot or allocate funds made available for distribution at the Secretary’s discretion under this title, the Secretary shall, not later than 30 days prior to such allotment or allocation, publish for comment in the Federal Register the formula, the rationale for the formula, and the proposed amounts to be distributed to each State and local area. After consideration of any comments received, the Secretary shall publish final allotments and allocations in the Federal Register. (e) Availability of funds Funds shall be made available under section 128, and funds shall be made available under section 133, for a local area not later than 30 days after the date the funds are made available to the Governor involved, under section 127 or 132 (as the case may be), or 7 days after the date the local plan for the area is approved, whichever is later. 183. Monitoring (a) In general The Secretary is authorized to monitor all recipients of financial assistance under this title to determine whether the recipients are complying with the provisions of this title, including the regulations issued under this title. (b) Investigations The Secretary may investigate any matter the Secretary determines to be necessary to determine the compliance of the recipients with this title, including the regulations issued under this title. The investigations authorized by this subsection may include examining records (including making certified copies of the records), questioning employees, and entering any premises or onto any site in which any part of a program or activity of such a recipient is conducted or in which any of the records of the recipient are kept. (c) Additional requirement For the purpose of any investigation or hearing conducted under this title by the Secretary, the provisions of section 9 of the Federal Trade Commission Act ( 15 U.S.C. 49 ) (relating to the attendance of witnesses and the production of documents) apply to the Secretary, in the same manner and to the same extent as the provisions apply to the Federal Trade Commission. 184. Fiscal controls; sanctions (a) Establishment of fiscal controls by States (1) In general Each State shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursal of, and accounting for, Federal funds allocated to local areas under subtitle B. Such procedures shall ensure that all financial transactions carried out under subtitle B are conducted and records maintained in accordance with generally accepted accounting principles applicable in each State. (2) Cost principles (A) In general Each State (including the Governor of the State), local area (including the chief elected official for the area), and provider receiving funds under this title shall comply with the applicable uniform cost principles included in appropriate circulars or rules of the Office of Management and Budget for the type of entity receiving the funds. (B) Exception The funds made available to a State for administration of statewide workforce investment activities in accordance with section 134(a)(3)(B) shall be allocable to the overall administration of workforce investment activities, but need not be specifically allocable to— (i) the administration of adult employment and training activities; (ii) the administration of dislocated worker employment and training activities; or (iii) the administration of youth workforce investment activities. (3) Uniform administrative requirements (A) In general Each State (including the Governor of the State), local area (including the chief elected official for the area), and provider receiving funds under this title shall comply with the appropriate uniform administrative requirements for grants and agreements applicable for the type of entity receiving the funds, as promulgated in circulars or rules of the Office of Management and Budget. (B) Additional requirement Procurement transactions under this title between local boards and units of State or local governments shall be conducted only on a cost-reimbursable basis. (4) Monitoring Each Governor of a State shall conduct on an annual basis onsite monitoring of each local area within the State to ensure compliance with the uniform administrative requirements referred to in paragraph (3). (5) Action by Governor If the Governor determines that a local area is not in compliance with the uniform administrative requirements referred to in paragraph (3), the Governor shall— (A) require corrective action to secure prompt compliance with the requirements; and (B) impose the sanctions provided under subsection (b) in the event of failure to take the required corrective action. (6) Certification The Governor shall, every 2 years, certify to the Secretary that— (A) the State has implemented the uniform administrative requirements referred to in paragraph (3); (B) the State has monitored local areas to ensure compliance with the uniform administrative requirements as required under paragraph (4); and (C) the State has taken appropriate action to secure compliance with the requirements pursuant to paragraph (5). (7) Action by the Secretary If the Secretary determines that the Governor has not fulfilled the requirements of this subsection, the Secretary shall— (A) require corrective action to secure prompt compliance with the requirements of this subsection; and (B) impose the sanctions provided under subsection (e) in the event of failure of the Governor to take the required appropriate action to secure compliance with the requirements. (b) Substantial violation (1) Action by Governor If, as a result of financial and compliance audits or otherwise, the Governor determines that there is a substantial violation of a specific provision of this title, and corrective action has not been taken, the Governor shall— (A) issue a notice of intent to revoke approval of all or part of the local plan affected; or (B) impose a reorganization plan, which may include— (i) decertifying the local board involved; (ii) prohibiting the use of eligible providers; (iii) selecting an alternative entity to administer the program for the local area involved; (iv) merging the local area into one or more other local areas; or (v) making such other changes as the Secretary or Governor determines to be necessary to secure compliance with the provision. (2) Appeal (A) In general The actions taken by the Governor pursuant to subparagraphs (A) and (B) of paragraph (1) may be appealed to the Secretary and shall not become effective until— (i) the time for appeal has expired; or (ii) the Secretary has issued a decision. (B) Additional requirement The Secretary shall make a final decision under subparagraph (A) not later than 45 days after the receipt of the appeal. (3) Action by the Secretary If the Governor fails to take promptly an action required under paragraph (1), the Secretary shall take such action. (c) Repayment of certain amounts to the United States (1) In general Every recipient of funds under this title shall repay to the United States amounts found not to have been expended in accordance with this title. (2) Offset of repayment amount If the Secretary determines that a State has expended funds received under this title in a manner contrary to the requirements of this title, the Secretary may require repayment by offsetting the amount of such expenditures against any other amount to which the State is or may be entitled under this title, except as provided under subsection (d)(1). (3) Repayment from deduction by State If the Secretary requires a State to repay funds as a result of a determination that a local area of the State has expended funds in a manner contrary to the requirements of this title, the Governor of the State may use an amount deducted under paragraph (4) to repay the funds, except as provided under subsection (e). (4) Deduction by State The Governor may deduct an amount equal to the misexpenditure described in paragraph (3) from subsequent program year (subsequent to the program year for which the determination was made) allocations to the local area from funds reserved for the administrative costs of the local programs involved, as appropriate. (5) Limitations A deduction made by a State as described in paragraph (4) shall not be made until such time as the Governor has taken appropriate corrective action to ensure full compliance with this title within such local area with regard to appropriate expenditures of funds under this title. (d) Repayment of amounts (1) In general Each recipient of funds under this title shall be liable to repay the amounts described in subsection (c)(1), from funds other than funds received under this title, upon a determination by the Secretary that the misexpenditure of the amounts was due to willful disregard of the requirements of this title, gross negligence, failure to observe accepted standards of administration, or a pattern of misexpenditure described in subsection (c)(1). No such determination shall be made under this subsection or subsection (c) until notice and opportunity for a fair hearing have been given to the recipient. (2) Factors in imposing sanctions In determining whether to impose any sanction authorized by this section against a recipient of funds under this title for violations of this title (including applicable regulations) by a subgrantee or contractor of such recipient, the Secretary shall first determine whether such recipient has adequately demonstrated that the recipient has— (A) established and adhered to an appropriate system, for entering into and monitoring subgrant agreements and contracts with subgrantees and contractors, that contains acceptable standards for ensuring accountability; (B) entered into a written subgrant agreement or contract with such a subgrantee or contractor that established clear goals and obligations in unambiguous terms; (C) acted with due diligence to monitor the implementation of the subgrant agreement or contract, including carrying out the appropriate monitoring activities (including audits) at reasonable intervals; and (D) taken prompt and appropriate corrective action upon becoming aware of any evidence of a violation of this title, including regulations issued under this title, by such subgrantee or contractor. (3) Waiver If the Secretary determines that the recipient has demonstrated substantial compliance with the requirements of paragraph (2), the Secretary may waive the imposition of sanctions authorized by this section upon such recipient. The Secretary is authorized to impose any sanction consistent with the provisions of this title and with any applicable Federal or State law directly against any subgrantee or contractor for violation of this title, including regulations issued under this title. (e) Immediate termination or suspension of assistance in emergency situations In emergency situations, if the Secretary determines it is necessary to protect the integrity of the funds or ensure the proper operation of the program or activity involved, the Secretary may immediately terminate or suspend financial assistance, in whole or in part, to the recipient if the recipient is given prompt notice and the opportunity for a subsequent hearing within 30 days after such termination or suspension. The Secretary shall not delegate any of the functions or authority specified in this subsection, other than to an officer whose appointment is required to be made by and with the advice and consent of the Senate. (f) Discrimination against participants If the Secretary determines that any recipient under this title has discharged or in any other manner discriminated against a participant or against any individual in connection with the administration of the program involved, or against any individual because such individual has filed any complaint or instituted or caused to be instituted any proceeding under or related to this title, or has testified or is about to testify in any such proceeding or an investigation under or related to this title, or otherwise unlawfully denied to any individual a benefit to which that individual is entitled under the provisions of this title, including regulations issued under this title, the Secretary shall, within 30 days, take such action or order such corrective measures, as necessary, with respect to the recipient or the aggrieved individual, or both. (g) Remedies The remedies described in this section shall not be considered to be the exclusive remedies available for violations described in this section. 185. Reports; recordkeeping; investigations (a) Recipient recordkeeping and reports (1) In general Recipients of funds under this title shall keep records that are sufficient to permit the preparation of reports required by this title and to permit the tracing of funds to a level of expenditure adequate to ensure that the funds have not been spent unlawfully. (2) Records and reports regarding general performance Every such recipient shall maintain such records and submit such reports, in such form and containing such information, as the Secretary may require regarding the performance of programs and activities carried out under this title. Such records and reports shall be submitted to the Secretary but shall not be required to be submitted more than once each quarter unless specifically requested by Congress or a committee of Congress, in which case an estimate regarding such information may be provided. (3) Maintenance of standardized records In order to allow for the preparation of the reports required under subsection (c), such recipients shall maintain standardized records for all individual participants and provide to the Secretary a sufficient number of such records to provide for an adequate analysis of the records. (4) Availability to the public (A) In general Except as provided in subparagraph (B), records maintained by such recipients pursuant to this subsection shall be made available to the public upon request. (B) Exception Subparagraph (A) shall not apply to— (i) information, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and (ii) trade secrets, or commercial or financial information, that is— (I) obtained from a person; and (II) privileged or confidential. (C) Fees to recover costs Such recipients may charge fees sufficient to recover costs applicable to the processing of requests for records under subparagraph (A). (b) Investigations of use of funds (1) In general (A) Secretary In order to evaluate compliance with the provisions of this title, the Secretary shall conduct, in several States, in each fiscal year, investigations of the use of funds received by recipients under this title. (B) Comptroller general of the United States In order to ensure compliance with the provisions of this title, the Comptroller General of the United States may conduct investigations of the use of funds received under this title by any recipient. (2) Prohibition In conducting any investigation under this title, the Secretary or the Comptroller General of the United States may not request the compilation of any information that the recipient is not otherwise required to compile and that is not readily available to such recipient. (3) Audits (A) In general In carrying out any audit under this title (other than any initial audit survey or any audit investigating possible criminal or fraudulent conduct), either directly or through grant or contract, the Secretary, the Inspector General of the Department of Labor, or the Comptroller General of the United States shall furnish to the State, recipient, or other entity to be audited, advance notification of the overall objectives and purposes of the audit, and any extensive recordkeeping or data requirements to be met, not later than 14 days (or as soon as practicable) prior to the commencement of the audit. (B) Notification requirement If the scope, objectives, or purposes of the audit change substantially during the course of the audit, the entity being audited shall be notified of the change as soon as practicable. (C) Additional requirement The reports on the results of such audits shall cite the law, regulation, policy, or other criteria applicable to any finding contained in the reports. (D) Rule of construction Nothing contained in this title shall be construed so as to be inconsistent with the Inspector General Act of 1978 (5 U.S.C. App.) or government auditing standards issued by the Comptroller General of the United States. (c) Grantee information responsibilities Each State, each local board, and each recipient (other than a subrecipient, subgrantee, or contractor of a recipient) receiving funds under this title— (1) shall make readily accessible such reports concerning its operations and expenditures as shall be prescribed by the Secretary; (2) shall prescribe and maintain comparable management information systems, in accordance with guidelines that shall be prescribed by the Secretary, designed to facilitate the uniform compilation, cross tabulation, and analysis of programmatic, participant, and financial data, on statewide, local area, and other appropriate bases, necessary for reporting, monitoring, and evaluating purposes, including data necessary to comply with section 188; (3) shall monitor the performance of providers in complying with the terms of grants, contracts, or other agreements made pursuant to this title; and (4) shall, to the extent practicable, submit or make available (including through electronic means) any reports, records, plans, or any other data that are required to be submitted or made available, respectively, under this title. (d) Information To be included in reports (1) In general The reports required in subsection (c) shall include information regarding programs and activities carried out under this title pertaining to— (A) the relevant demographic characteristics (including race, ethnicity, sex, and age) and other related information regarding participants; (B) the programs and activities in which participants are enrolled, and the length of time that participants are engaged in such programs and activities; (C) outcomes of the programs and activities for participants, including the occupations of participants, and placement for participants in nontraditional employment; (D) specified costs of the programs and activities; and (E) information necessary to prepare reports to comply with section 188. (2) Additional requirement The Secretary shall ensure that all elements of the information required for the reports described in paragraph (1) are defined and that the information is reported uniformly. (e) Quarterly financial reports (1) In general Each local board in a State shall submit quarterly financial reports to the Governor with respect to programs and activities carried out under this title. Such reports shall include information identifying all program and activity costs by cost category in accordance with generally accepted accounting principles and by year of the appropriation involved. (2) Additional requirement Each State shall submit to the Secretary, and the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, on a quarterly basis, a summary of the reports submitted to the Governor pursuant to paragraph (1). (f) Maintenance of additional records Each State and local board shall maintain records with respect to programs and activities carried out under this title that identify— (1) any income or profits earned, including such income or profits earned by subrecipients; and (2) any costs incurred (such as stand-in costs) that are otherwise allowable except for funding limitations. (g) Cost categories In requiring entities to maintain records of costs by cost category under this title, the Secretary shall require only that the costs be categorized as administrative or programmatic costs. 186. Administrative adjudication (a) In general Whenever any applicant for financial assistance under this title is dissatisfied because the Secretary has made a determination not to award financial assistance in whole or in part to such applicant, the applicant may request a hearing before an administrative law judge of the Department of Labor. A similar hearing may also be requested by any recipient for whom a corrective action has been required or a sanction has been imposed by the Secretary under section 184. (b) Appeal The decision of the administrative law judge shall constitute final action by the Secretary unless, within 20 days after receipt of the decision of the administrative law judge, a party dissatisfied with the decision or any part of the decision has filed exceptions with the Secretary specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically urged during the 20-day period shall be deemed to have been waived. After the 20-day period the decision of the administrative law judge shall become the final decision of the Secretary unless the Secretary, within 30 days after such filing, notifies the parties that the case involved has been accepted for review. (c) Time limit Any case accepted for review by the Secretary under subsection (b) shall be decided within 180 days after such acceptance. If the case is not decided within the 180-day period, the decision of the administrative law judge shall become the final decision of the Secretary at the end of the 180-day period. (d) Additional requirement The provisions of section 187 shall apply to any final action of the Secretary under this section. 187. Judicial review (a) Review (1) Petition With respect to any final order by the Secretary under section 186 by which the Secretary awards, declines to award, or only conditionally awards, financial assistance under this title, or any final order of the Secretary under section 186 with respect to a corrective action or sanction imposed under section 184, any party to a proceeding that resulted in such final order may obtain review of such final order in the United States Court of Appeals having jurisdiction over the applicant for or recipient of the funds involved, by filing a review petition within 30 days after the date of issuance of such final order. (2) Action on petition The clerk of the court shall transmit a copy of the review petition to the Secretary, who shall file the record on which the final order was entered as provided in section 2112 of title 28, United States Code. The filing of a review petition shall not stay the order of the Secretary, unless the court orders a stay. Petitions filed under this subsection shall be heard expeditiously, if possible within 10 days after the date of filing of a reply to the petition. (3) Standard and scope of review No objection to the order of the Secretary shall be considered by the court unless the objection was specifically urged, in a timely manner, before the Secretary. The review shall be limited to questions of law and the findings of fact of the Secretary shall be conclusive if supported by substantial evidence. (b) Judgment The court shall have jurisdiction to make and enter a decree affirming, modifying, or setting aside the order of the Secretary in whole or in part. The judgment of the court regarding the order shall be final, subject to certiorari review by the Supreme Court as provided in section 1254(1) of title 28, United States Code. 188. Nondiscrimination (a) In general (1) Federal financial assistance For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 ( 42 U.S.C. 6101 et seq. ), on the basis of disability under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), on the basis of sex under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), or on the basis of race, color, or national origin under title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), programs and activities funded or otherwise financially assisted in whole or in part under this Act are considered to be programs and activities receiving Federal financial assistance. (2) Prohibition of discrimination regarding participation, benefits, and employment No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with, any such program or activity because of race, color, religion, sex (except as otherwise permitted under title IX of the Education Amendments of 1972), national origin, age, disability, or political affiliation or belief. (3) Prohibition on assistance for facilities for sectarian instruction or religious worship Participants shall not be employed under this title to carry out the construction, operation, or maintenance of any part of any facility that is used or to be used for sectarian instruction or as a place for religious worship (except with respect to the maintenance of a facility that is not primarily or inherently devoted to sectarian instruction or religious worship, in a case in which the organization operating the facility is part of a program or activity providing services to participants). (4) Prohibition on discrimination on basis of participant status No person may discriminate against an individual who is a participant in a program or activity that receives funds under this title, with respect to the terms and conditions affecting, or rights provided to, the individual, solely because of the status of the individual as a participant. (5) Prohibition on discrimination against certain noncitizens Participation in programs and activities or receiving funds under this title shall be available to citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees, asylees, and parolees, and other immigrants authorized by the Attorney General to work in the United States. (b) Action of Secretary Whenever the Secretary finds that a State or other recipient of funds under this title has failed to comply with a provision of law referred to in subsection (a)(1), or with paragraph (2), (3), (4), or (5) of subsection (a), including an applicable regulation prescribed to carry out such provision or paragraph, the Secretary shall notify such State or recipient and shall request that the State or recipient comply. If within a reasonable period of time, not to exceed 60 days, the State or recipient fails or refuses to comply, the Secretary may— (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; or (2) take such other action as may be provided by law. (c) Action of attorney general When a matter is referred to the Attorney General pursuant to subsection (b)(1), or whenever the Attorney General has reason to believe that a State or other recipient of funds under this title is engaged in a pattern or practice of discrimination in violation of a provision of law referred to in subsection (a)(1) or in violation of paragraph (2), (3), (4), or (5) of subsection (a), the Attorney General may bring a civil action in any appropriate district court of the United States for such relief as may be appropriate, including injunctive relief. (d) Job corps For the purposes of this section, Job Corps members shall be considered to be the ultimate beneficiaries of Federal financial assistance. (e) Regulations The Secretary shall issue regulations necessary to implement this section not later than 1 year after the date of enactment of the Workforce Innovation and Opportunity Act. Such regulations shall adopt standards for determining discrimination and procedures for enforcement that are consistent with the Acts referred to in subsection (a)(1), as well as procedures to ensure that complaints filed under this section and such Acts are processed in a manner that avoids duplication of effort. 189. Secretarial administrative authorities and responsibilities (a) In general In accordance with chapter 5 of title 5, United States Code, the Secretary may prescribe rules and regulations to carry out this title, only to the extent necessary to administer and ensure compliance with the requirements of this title. Such rules and regulations may include provisions making adjustments authorized by section 6504 of title 31, United States Code. All such rules and regulations shall be published in the Federal Register at least 30 days prior to their effective dates. Copies of each such rule or regulation shall be transmitted to the appropriate committees of Congress on the date of such publication and shall contain, with respect to each material provision of such rule or regulation, a citation to the particular substantive section of law that is the basis for the provision. (b) Acquisition of certain property and services The Secretary is authorized, in carrying out this title, to accept, purchase, or lease in the name of the Department of Labor, and employ or dispose of in furtherance of the purposes of this title, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise, and to accept voluntary and uncompensated services notwithstanding the provisions of section 1342 of title 31, United States Code. (c) Authority To enter into certain agreements and To make certain expenditures The Secretary may make such grants, enter into such contracts or agreements, establish such procedures, and make such payments, in installments and in advance or by way of reimbursement, or otherwise allocate or expend such funds under this title, as may be necessary to carry out this title, including making expenditures for construction, repairs, and capital improvements, and including making necessary adjustments in payments on account of over-payments or underpayments. (d) Annual report The Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate an annual report regarding the programs and activities funded under this title. The Secretary shall include in such report— (1) a summary of the achievements, failures, and challenges of the programs and activities in meeting the objectives of this title; (2) a summary of major findings from research, evaluations, pilot projects, and experiments conducted under this title in the fiscal year prior to the submission of the report; (3) recommendations for modifications in the programs and activities based on analysis of such findings; and (4) such other recommendations for legislative or administrative action as the Secretary determines to be appropriate. (e) Utilization of services and facilities The Secretary is authorized, in carrying out this title, under the same procedures as are applicable under subsection (c) or to the extent permitted by law other than this title, to accept and use the services and facilities of departments, agencies, and establishments of the United States. The Secretary is also authorized, in carrying out this title, to accept and use the services and facilities of the agencies of any State or political subdivision of a State, with the consent of the State or political subdivision. (f) Obligational authority Notwithstanding any other provision of this title, the Secretary shall have no authority to enter into contracts, grant agreements, or other financial assistance agreements under this title, except to such extent and in such amounts as are provided in advance in appropriations Acts. (g) Program year (1) In general (A) Program year Except as provided in subparagraph (B), appropriations for any fiscal year for programs and activities funded under this title shall be available for obligation only on the basis of a program year. The program year shall begin on July 1 in the fiscal year for which the appropriation is made. (B) Youth workforce investment activities The Secretary may make available for obligation, beginning April 1 of any fiscal year, funds appropriated for such fiscal year to carry out youth workforce investment activities under subtitle B and activities under section 171. (2) Availability (A) In general Funds obligated for any program year for a program or activity funded under subtitle B may be expended by each State receiving such funds during that program year and the 2 succeeding program years. Funds received by local areas from States under subtitle B during a program year may be expended during that program year and the succeeding program year. (B) Certain national activities (i) In general Funds obligated for any program year for any program or activity carried out under section 169 shall remain available until expended. (ii) Incremental funding basis A contract or arrangement entered into under the authority of subsection (a) or (b) of section 169 (relating to evaluations, research projects, studies and reports, and multistate projects), including a long-term, nonseverable services contract, may be funded on an incremental basis with annual appropriations or other available funds. (C) Special rule No amount of the funds obligated for a program year for a program or activity funded under this title shall be deobligated on account of a rate of expenditure that is consistent with a State plan, an operating plan described in section 151, or a plan, grant agreement, contract, application, or other agreement described in subtitle D, as appropriate. (D) Funds for pay-for-performance contract strategies Funds used to carry out pay-for-performance contract strategies by local areas shall remain available until expended. (h) Enforcement of Military Selective Service Act The Secretary shall ensure that each individual participating in any program or activity established under this title, or receiving any assistance or benefit under this title, has not violated section 3 of the Military Selective Service Act ( 50 U.S.C. App. 453 ) by not presenting and submitting to registration as required pursuant to such section. The Director of the Selective Service System shall cooperate with the Secretary to enable the Secretary to carry out this subsection. (i) Waivers (1) Special rule regarding designated areas A State that has enacted, not later than December 31, 1997, a State law providing for the designation of service delivery areas for the delivery of workforce investment activities, may use such areas as local areas under this title, notwithstanding section 106. (2) Special rule regarding sanctions A State that has enacted, not later than December 31, 1997, a State law providing for the sanctioning of such service delivery areas for failure to meet performance accountability measures for workforce investment activities, may use the State law to sanction local areas for failure to meet State performance accountability measures under this title. (3) General waivers of statutory or regulatory requirements (A) General authority Notwithstanding any other provision of law, the Secretary may waive for a State, or a local area in a State, pursuant to a request submitted by the Governor of the State (in consultation with appropriate local elected officials) with a plan that meets the requirements of subparagraph (B)— (i) any of the statutory or regulatory requirements of subtitle A, subtitle B, or this subtitle (except for requirements relating to wage and labor standards, including nondisplacement protections, worker rights, participation and protection of workers and participants, grievance procedures and judicial review, nondiscrimination, allocation of funds to local areas, eligibility of providers or participants, the establishment and functions of local areas and local boards, the funding of infrastructure costs for one-stop centers, and procedures for review and approval of plans, and other requirements relating to the basic purposes of this title); and (ii) any of the statutory or regulatory requirements of sections 8 through 10 of the Wagner-Peyser Act (29 U.S.C. 49g through 49i) (excluding requirements relating to the provision of services to unemployment insurance claimants and veterans, and requirements relating to universal access to basic labor exchange services without cost to jobseekers). (B) Requests A Governor requesting a waiver under subparagraph (A) shall submit a plan to the Secretary to improve the statewide workforce development system that— (i) identifies the statutory or regulatory requirements that are requested to be waived and the goals that the State or local area in the State, as appropriate, intends to achieve as a result of the waiver; (ii) describes the actions that the State or local area, as appropriate, has undertaken to remove State or local statutory or regulatory barriers; (iii) describes the goals of the waiver and the expected programmatic outcomes if the request is granted; (iv) describes the individuals impacted by the waiver; and (v) describes the process used to monitor the progress in implementing such a waiver, and the process by which notice and, in the case of a waiver for a local area, an opportunity to comment on such request has been provided to the local board for the local area for which the waiver is requested. (C) Conditions Not later than 90 days after the date of the original submission of a request for a waiver under subparagraph (A), the Secretary shall provide a waiver under this subsection if and only to the extent that— (i) the Secretary determines that the requirements requested to be waived impede the ability of the State or local area, as appropriate, to implement the plan described in subparagraph (B); and (ii) the State has executed a memorandum of understanding with the Secretary requiring such State to meet, or ensure that the local area for which the waiver is requested meets, agreed-upon outcomes and to implement other appropriate measures to ensure accountability. (D) Expedited determination regarding provision of waivers If the Secretary has approved a waiver of statutory or regulatory requirements for a State or local area pursuant to this subsection, the Secretary shall expedite the determination regarding the provision of that waiver, for another State or local area if such waiver is in accordance with the approved State or local plan, as appropriate. 190. Workforce flexibility plans (a) Plans A State may submit to the Secretary, and the Secretary may approve, a workforce flexibility plan under which the State is authorized to waive, in accordance with the plan— (1) any of the statutory or regulatory requirements applicable under this title to local areas, pursuant to applications for such waivers from the local areas, except for requirements relating to the basic purposes of this title, wage and labor standards, grievance procedures and judicial review, nondiscrimination, eligibility of participants, allocation of funds to local areas, establishment and functions of local areas and local boards, procedures for review and approval of local plans, and worker rights, participation, and protection; (2) any of the statutory or regulatory requirements applicable under sections 8 through 10 of the Wagner-Peyser Act (29 U.S.C. 49g through 49i) to the State (excluding requirements relating to the provision of services to unemployment insurance claimants and veterans, and requirements relating to universal access to basic labor exchange services without cost to jobseekers); and (3) any of the statutory or regulatory requirements applicable under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ) to State agencies on aging with respect to activities carried out using funds allotted under section 506(b) of such Act ( 42 U.S.C. 3056d(b) ), except for requirements relating to the basic purposes of such Act, wage and labor standards, eligibility of participants in the activities, and standards for grant agreements. (b) Content of plans A workforce flexibility plan implemented by a State under subsection (a) shall include descriptions of— (1) (A) the process by which local areas in the State may submit and obtain approval by the State of applications for waivers of requirements applicable under this title; and (B) the requirements described in subparagraph (A) that are likely to be waived by the State under the plan; (2) the requirements applicable under sections 8 through 10 of the Wagner-Peyser Act that are proposed to be waived, if any; (3) the requirements applicable under the Older Americans Act of 1965 that are proposed to be waived, if any; (4) the outcomes to be achieved by the waivers described in paragraphs (1) through (3); and (5) other measures to be taken to ensure appropriate accountability for Federal funds in connection with the waivers. (c) Periods The Secretary may approve a workforce flexibility plan for a period of not more than 5 years. (d) Opportunity for public comments Prior to submitting a workforce flexibility plan to the Secretary for approval, the State shall provide to all interested parties and to the general public adequate notice of and a reasonable opportunity for comment on the waiver requests proposed to be implemented pursuant to such plan. 191. State legislative authority (a) Authority of State legislature Nothing in this title shall be interpreted to preclude the enactment of State legislation providing for the implementation, consistent with the provisions of this title, of the activities assisted under this title. Any funds received by a State under this title shall be subject to appropriation by the State legislature, consistent with the terms and conditions required under this title. (b) Interstate compacts and cooperative agreements In the event that compliance with provisions of this title would be enhanced by compacts and cooperative agreements between States, the consent of Congress is given to States to enter into such compacts and agreements to facilitate such compliance, subject to the approval of the Secretary. 192. Transfer of Federal equity in State employment security agency real property to the States (a) Transfer of Federal equity Notwithstanding any other provision of law, any Federal equity acquired in real property through grants to States awarded under title III of the Social Security Act ( 42 U.S.C. 501 et seq. ) or under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) is transferred to the States that used the grants for the acquisition of such equity. The portion of any real property that is attributable to the Federal equity transferred under this section shall be used to carry out activities authorized under this Act, title III of the Social Security Act, or the Wagner-Peyser Act. Any disposition of such real property shall be carried out in accordance with the procedures prescribed by the Secretary and the portion of the proceeds from the disposition of such real property that is attributable to the Federal equity transferred under this section shall be used to carry out activities authorized under this Act, title III of the Social Security Act, or the Wagner-Peyser Act. (b) Limitation on use A State shall not use funds awarded under this Act, title III of the Social Security Act, or the Wagner-Peyser Act to amortize the costs of real property that is purchased by any State on or after the date of enactment of the Revised Continuing Appropriations Resolution, 2007. 193. Continuation of State activities and policies (a) In general Notwithstanding any other provision of this title, the Secretary may not deny approval of a State plan for a covered State, or an application of a covered State for financial assistance, under this title, or find a covered State (including a State board or Governor), or a local area (including a local board or chief elected official) in a covered State, in violation of a provision of this title, on the basis that— (1) (A) the State proposes to allocate or disburse, allocates, or disburses, within the State, funds made available to the State under section 127 or 132 in accordance with the allocation formula for the type of activities involved, or in accordance with a disbursal procedure or process, used by the State under prior consistent State laws; or (B) a local board in the State proposes to disburse, or disburses, within the local area, funds made available to the State under section 127 or 132 in accordance with a disbursal procedure or process used by a private industry council under prior consistent State law; (2) the State proposes to carry out or carries out a State procedure through which local areas use, as fiscal agents for funds made available to the State under section 127 or 132 and allocated within the State, fiscal agents selected in accordance with a process established under prior consistent State laws; (3) the State proposes to carry out or carries out a State procedure through which the local boards in the State (or the local boards, the chief elected officials in the State, and the Governor) designate or select the one-stop partners and one-stop operators of the statewide system in the State under prior consistent State laws, in lieu of making the designation or certification described in section 121 (regardless of the date the one-stop delivery systems involved have been established); (4) the State proposes to carry out or carries out a State procedure through which the persons responsible for selecting eligible providers for purposes of subtitle B are permitted to determine that a provider shall not be selected to provide both intake services under section 134(c)(2) and training services under section 134(c)(3), under prior consistent State laws; (5) the State proposes to designate or designates a State board, or proposes to assign or assigns functions and roles of the State board (including determining the time periods for development and submission of a State plan required under section 102 or 103), for purposes of subtitle A in accordance with prior consistent State laws; or (6) a local board in the State proposes to use or carry out, uses, or carries out a local plan (including assigning functions and roles of the local board) for purposes of subtitle A in accordance with the authorities and requirements applicable to local plans and private industry councils under prior consistent State laws. (b) Definition In this section: (1) Covered State The term covered State means a State that enacted State laws described in paragraph (2). (2) Prior consistent State laws The term prior consistent State laws means State laws, not inconsistent with the Job Training Partnership Act or any other applicable Federal law, that took effect on September 1, 1993, September 1, 1995, and September 1, 1997. 194. General program requirements Except as otherwise provided in this title, the following conditions apply to all programs under this title: (1) Each program under this title shall provide employment and training opportunities to those who can benefit from, and who are most in need of, such opportunities. In addition, the recipients of Federal funding for programs under this title shall make efforts to develop programs that contribute to occupational development, upward mobility, development of new careers, and opportunities for nontraditional employment. (2) Funds provided under this title shall only be used for activities that are in addition to activities that would otherwise be available in the local area in the absence of such funds. (3) (A) Any local area may enter into an agreement with another local area (including a local area that is a city or county within the same labor market) to pay or share the cost of educating, training, or placing individuals participating in programs assisted under this title, including the provision of supportive services. (B) Such agreement shall be approved by each local board for a local area entering into the agreement and shall be described in the local plan under section 108. (4) On-the-job training contracts under this title, shall not be entered into with employers who have received payments under previous contracts under this Act or the Workforce Investment Act of 1998 and have exhibited a pattern of failing to provide on-the-job training participants with continued long-term employment as regular employees with wages and employment benefits (including health benefits) and working conditions at the same level and to the same extent as other employees working a similar length of time and doing the same type of work. (5) No person or organization may charge an individual a fee for the placement or referral of the individual in or to a workforce investment activity under this title. (6) The Secretary shall not provide financial assistance for any program under this title that involves political activities. (7) (A) Income under any program administered by a public or private nonprofit entity may be retained by such entity only if such income is used to continue to carry out the program. (B) Income subject to the requirements of subparagraph (A) shall include— (i) receipts from goods or services (including conferences) provided as a result of activities funded under this title; (ii) funds provided to a service provider under this title that are in excess of the costs associated with the services provided; and (iii) interest income earned on funds received under this title. (C) For purposes of this paragraph, each entity receiving financial assistance under this title shall maintain records sufficient to determine the amount of such income received and the purposes for which such income is expended. (8) (A) The Secretary shall notify the Governor and the appropriate local board and chief elected official of, and consult with the Governor and such board and official concerning, any activity to be funded by the Secretary under this title within the corresponding State or local area. (B) The Governor shall notify the appropriate local board and chief elected official of, and consult with such board and official concerning, any activity to be funded by the Governor under this title within the corresponding local area. (9) (A) All education programs for youth supported with funds provided under chapter 2 of subtitle B shall be consistent with applicable State and local educational standards. (B) Standards and procedures with respect to awarding academic credit and certifying educational attainment in programs conducted under such chapter shall be consistent with the requirements of applicable State and local law, including regulation. (10) No funds available under this title may be used for public service employment except as specifically authorized under this title. (11) The Federal requirements governing the title, use, and disposition of real property, equipment, and supplies purchased with funds provided under this title shall be the corresponding Federal requirements generally applicable to such items purchased through Federal grants to States and local governments. (12) Nothing in this title shall be construed to provide an individual with an entitlement to a service under this title. (13) Services, facilities, or equipment funded under this title may be used, as appropriate, on a fee-for-service basis, by employers in a local area in order to provide employment and training activities to incumbent workers— (A) when such services, facilities, or equipment are not in use for the provision of services for eligible participants under this title; (B) if such use for incumbent workers would not have an adverse effect on the provision of services to eligible participants under this title; and (C) if the income derived from such fees is used to carry out the programs authorized under this title. (14) Funds provided under this title shall not be used to establish or operate a stand-alone fee-for-service enterprise in a situation in which a private sector employment agency (as defined in section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e )) is providing full access to similar or related services in such a manner as to fully meet the identified need. For purposes of this paragraph, such an enterprise does not include a one-stop delivery system described in section 121(e). (15) (A) None of the funds available under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of the annual rate of basic pay prescribed for level II of the Executive Schedule under section 5313 of title 5, United States Code. (B) The limitation described in subparagraph (A) shall not apply to vendors providing goods and services as defined in Office of Management and Budget Circular A–133. In a case in which a State is a recipient of such funds, the State may establish a lower limit than is provided in subparagraph (A) for salaries and bonuses of those receiving salaries and bonuses from a subrecipient of such funds, taking into account factors including the relative cost of living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the Federal programs involved. 195. Restrictions on lobbying activities (a) Publicity restrictions (1) In general No funds provided under this Act shall be used for— (A) publicity or propaganda purposes; or (B) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat— (i) the enactment of legislation before Congress or any State or local legislature or legislative body; or (ii) any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government. (2) Exception Paragraph (1) shall not apply to— (A) normal and recognized executive-legislative relationships; (B) the preparation, distribution, or use of the materials described in paragraph (1)(B) in presentation to Congress or any State or local legislature or legislative body; or (C) such preparation, distribution, or use of such materials in presentation to the executive branch of any State or local government. (b) Salary restrictions (1) In general No funds provided under this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment or issuance of legislation, appropriations, regulations, administrative action, or an Executive order proposed or pending before Congress or any State government, or a State or local legislature or legislative body. (2) Exception Paragraph (1) shall not apply to— (A) normal and recognized executive-legislative relationships; or (B) participation by an agency or officer of a State, local, or tribal government in policymaking and administrative processes within the executive branch of that government. II Adult education and literacy 201. Short title This title may be cited as the Adult Education and Family Literacy Act . 202. Purpose It is the purpose of this title to create a partnership among the Federal Government, States, and localities to provide, on a voluntary basis, adult education and literacy activities, in order to— (1) assist adults to become literate and obtain the knowledge and skills necessary for employment and economic self-sufficiency; (2) assist adults who are parents or family members to obtain the education and skills that— (A) are necessary to becoming full partners in the educational development of their children; and (B) lead to sustainable improvements in the economic opportunities for their family; (3) assist adults in attaining a secondary school diploma and in the transition to postsecondary education and training, including through career pathways; and (4) assist immigrants and other individuals who are English language learners in— (A) improving their— (i) reading, writing, speaking, and comprehension skills in English; and (ii) mathematics skills; and (B) acquiring an understanding of the American system of Government, individual freedom, and the responsibilities of citizenship. 203. Definitions In this title: (1) Adult education The term adult education means academic instruction and education services below the postsecondary level that increase an individual’s ability to— (A) read, write, and speak in English and perform mathematics or other activities necessary for the attainment of a secondary school diploma or its recognized equivalent; (B) transition to postsecondary education and training; and (C) obtain employment. (2) Adult education and literacy activities The term adult education and literacy activities means programs, activities, and services that include adult education, literacy, workplace adult education and literacy activities, family literacy activities, English language acquisition activities, integrated English literacy and civics education, workforce preparation activities, or integrated education and training. (3) Eligible agency The term eligible agency means the sole entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and literacy activities in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively. (4) Eligible individual The term eligible individual means an individual— (A) who has attained 16 years of age; (B) who is not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) is basic skills deficient; (ii) does not have a secondary school diploma or its recognized equivalent, and has not achieved an equivalent level of education; or (iii) is an English language learner. (5) Eligible provider The term eligible provider means an organization that has demonstrated effectiveness in providing adult education and literacy activities that may include— (A) a local educational agency; (B) a community-based organization or faith-based organization; (C) a volunteer literacy organization; (D) an institution of higher education; (E) a public or private nonprofit agency; (F) a library; (G) a public housing authority; (H) a nonprofit institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education and literacy activities to eligible individuals; (I) a consortium or coalition of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H); and (J) a partnership between an employer and an entity described in any of subparagraphs (A) through (I). (6) English language acquisition program The term English language acquisition program means a program of instruction— (A) designed to help eligible individuals who are English language learners achieve competence in reading, writing, speaking, and comprehension of the English language; and (B) that leads to— (i) (I) attainment of a secondary school diploma or its recognized equivalent; and (II) transition to postsecondary education and training; or (ii) employment. (7) English language learner The term English language learner when used with respect to an eligible individual, means an eligible individual who has limited ability in reading, writing, speaking, or comprehending the English language, and— (A) whose native language is a language other than English; or (B) who lives in a family or community environment where a language other than English is the dominant language. (8) Essential components of reading instruction The term essential components of reading instruction has the meaning given the term in section 1208 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6368 ). (9) Family literacy activities The term family literacy activities means activities that are of sufficient intensity and quality, to make sustainable improvements in the economic prospects for a family and that better enable parents or family members to support their children’s learning needs, and that integrate all of the following activities: (A) Parent or family adult education and literacy activities that lead to readiness for postsecondary education or training, career advancement, and economic self-sufficiency. (B) Interactive literacy activities between parents or family members and their children. (C) Training for parents or family members regarding how to be the primary teacher for their children and full partners in the education of their children. (D) An age-appropriate education to prepare children for success in school and life experiences. (10) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (11) Integrated education and training The term integrated education and training means a service approach that provides adult education and literacy activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement. (12) Integrated english literacy and civics education The term integrated English literacy and civics education means education services provided to English language learners who are adults, including professionals with degrees and credentials in their native countries, that enables such adults to achieve competency in the English language and acquire the basic and more advanced skills needed to function effectively as parents, workers, and citizens in the United States. Such services shall include instruction in literacy and English language acquisition and instruction on the rights and responsibilities of citizenship and civic participation, and may include workforce training. (13) Literacy The term literacy means an individual’s ability to read, write, and speak in English, compute, and solve problems, at levels of proficiency necessary to function on the job, in the family of the individual, and in society. (14) Postsecondary educational institution The term postsecondary educational institution means— (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree; (B) a tribally controlled college or university; or (C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. (15) Secretary The term Secretary means the Secretary of Education. (16) Workplace adult education and literacy activities The term workplace adult education and literacy activities means adult education and literacy activities offered by an eligible provider in collaboration with an employer or employee organization at a workplace or an off-site location that is designed to improve the productivity of the workforce. (17) Workforce preparation activities The term workforce preparation activities means activities, programs, or services designed to help an individual acquire a combination of basic academic skills, critical thinking skills, digital literacy skills, and self-management skills, including competencies in utilizing resources, using information, working with others, understanding systems, and obtaining skills necessary for successful transition into and completion of postsecondary education or training, or employment. 204. Home schools Nothing in this title shall be construed to affect home schools, whether a home school is treated as a home school or a private school under State law, or to compel a parent or family member engaged in home schooling to participate in adult education and literacy activities. 205. Rule of construction regarding postsecondary transition and concurrent enrollment activities Nothing in this title shall be construed to prohibit or discourage the use of funds provided under this title for adult education and literacy activities that help eligible individuals transition to postsecondary education and training or employment, or for concurrent enrollment activities. 206. Authorization of appropriations There are authorized to be appropriated to carry out this title $577,667,000 for fiscal year 2015, $622,286,000 for fiscal year 2016, $635,198,000 for fiscal year 2017, $649,287,000 for fiscal year 2018, $664,552,000 for fiscal year 2019, and $678,640,000 for fiscal year 2020. A Federal provisions 211. Reservation of funds; grants to eligible agencies; allotments (a) Reservation of funds From the sum appropriated under section 206 for a fiscal year, the Secretary— (1) shall reserve 2 percent to carry out section 242, except that the amount so reserved shall not exceed $15,000,000; and (2) shall reserve 12 percent of the amount that remains after reserving funds under paragraph (1) to carry out section 243. (b) Grants to eligible agencies (1) In general From the sum appropriated under section 206 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a unified State plan approved under section 102 or a combined State plan approved under section 103 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g), to enable the eligible agency to carry out the activities assisted under this title. (2) Purpose of grants The Secretary may award a grant under paragraph (1) only if the eligible entity involved agrees to expend the grant for adult education and literacy activities in accordance with the provisions of this title. (c) Allotments (1) Initial allotments From the sum appropriated under section 206 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a unified State plan approved under section 102 or a combined State plan approved under section 103— (A) $100,000, in the case of an eligible agency serving an outlying area; and (B) $250,000, in the case of any other eligible agency. (2) Additional allotments From the sum appropriated under section 206, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sum as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas. (d) Qualifying adult For the purpose of subsection (c)(2), the term qualifying adult means an adult who— (1) is at least 16 years of age; (2) is beyond the age of compulsory school attendance under the law of the State or outlying area; (3) does not have a secondary school diploma or its recognized equivalent; and (4) is not enrolled in secondary school. (e) Special rule (1) In general From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title, as determined by the Secretary. (2) Award basis The Secretary shall award grants pursuant to paragraph (1) on a competitive basis and pursuant to the recommendations from the Pacific Region Educational Laboratory in Honolulu, Hawaii. (3) Termination of eligibility Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title except during the period described in section 3(45). (4) Administrative costs The Secretary may provide not more than 5 percent of the funds made available for grants under this subsection to pay the administrative costs of the Pacific Region Educational Laboratory regarding activities assisted under this subsection. (f) Hold-harmless provisions (1) In general Notwithstanding subsection (c), for fiscal year 2015 and each succeeding fiscal year, no eligible agency shall receive an allotment under this section that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this section. (2) Ratable reduction If for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1) the Secretary shall ratably reduce the payments to all eligible agencies, as necessary. (g) Reallotment The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year. 212. Performance accountability system Programs and activities authorized in this title are subject to the performance accountability provisions described in section 116. B State provisions 221. State administration Each eligible agency shall be responsible for the State or outlying area administration of activities under this title, including— (1) the development, implementation, and monitoring of the relevant components of the unified State plan in section 102 or the combined State plan in section 103; (2) consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title; and (3) coordination and nonduplication with other Federal and State education, training, corrections, public housing, and social service programs. 222. State distribution of funds; matching requirement (a) State distribution of funds Each eligible agency receiving a grant under section 211(b) for a fiscal year— (1) shall use not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 20 percent of such amount shall be available to carry out section 225; (2) shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and (3) shall use not more than 5 percent of the grant funds, or $85,000, whichever is greater, for the administrative expenses of the eligible agency. (b) Matching requirement (1) In general In order to receive a grant from the Secretary under section 211(b) each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and literacy activities for which the grant is awarded, a non-Federal contribution in an amount that is not less than— (A) in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and literacy activities in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and (B) in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and literacy activities in the State. (2) Non-Federal contribution An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and literacy activities in a manner that is consistent with the purpose of this title. 223. State leadership activities (a) Activities (1) Required Each eligible agency shall use funds made available under section 222(a)(2) for the following adult education and literacy activities to develop or enhance the adult education system of the State or outlying area: (A) The alignment of adult education and literacy activities with other core programs and one-stop partners, including eligible providers, to implement the strategy identified in the unified State plan under section 102 or the combined State plan under section 103, including the development of career pathways to provide access to employment and training services for individuals in adult education and literacy activities. (B) The establishment or operation of high quality professional development programs to improve the instruction provided pursuant to local activities required under section 231(b), including instruction incorporating the essential components of reading instruction as such components relate to adults, instruction related to the specific needs of adult learners, instruction provided by volunteers or by personnel of a State or outlying area, and dissemination of information about models and promising practices related to such programs. (C) The provision of technical assistance to eligible providers of adult education and literacy activities receiving funds under this title, including— (i) the development and dissemination of instructional and programmatic practices based on the most rigorous or scientifically valid research available and appropriate, in reading, writing, speaking, mathematics, English language acquisition programs, distance education, and staff training; (ii) the role of eligible providers as a one-stop partner to provide access to employment, education, and training services; and (iii) assistance in the use of technology, including for staff training, to eligible providers, especially the use of technology to improve system efficiencies. (D) The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities and the dissemination of information about models and proven or promising practices within the State. (2) Permissible activities Each eligible agency may use funds made available under section 222(a)(2) for 1 or more of the following adult education and literacy activities: (A) The support of State or regional networks of literacy resource centers. (B) The development and implementation of technology applications, translation technology, or distance education, including professional development to support the use of instructional technology. (C) Developing and disseminating curricula, including curricula incorporating the essential components of reading instruction as such components relate to adults. (D) Developing content and models for integrated education and training and career pathways. (E) The provision of assistance to eligible providers in developing and implementing programs that achieve the objectives of this title and in measuring the progress of those programs in achieving such objectives, including meeting the State adjusted levels of performance described in section 116(b)(3). (F) The development and implementation of a system to assist in the transition from adult education to postsecondary education, including linkages with postsecondary educational institutions or institutions of higher education. (G) Integration of literacy and English language instruction with occupational skill training, including promoting linkages with employers. (H) Activities to promote workplace adult education and literacy activities. (I) Identifying curriculum frameworks and aligning rigorous content standards that— (i) specify what adult learners should know and be able to do in the areas of reading and language arts, mathematics, and English language acquisition; and (ii) take into consideration the following: (I) State adopted academic standards. (II) The current adult skills and literacy assessments used in the State or outlying area. (III) The primary indicators of performance described in section 116. (IV) Standards and academic requirements for enrollment in nonremedial, for-credit courses in postsecondary educational institutions or institutions of higher education supported by the State or outlying area. (V) Where appropriate, the content of occupational and industry skill standards widely used by business and industry in the State or outlying area. (J) Developing and piloting of strategies for improving teacher quality and retention. (K) The development and implementation of programs and services to meet the needs of adult learners with learning disabilities or English language learners, which may include new and promising assessment tools and strategies that are based on scientifically valid research, where appropriate, and identify the needs and capture the gains of such students at the lowest achievement levels. (L) Outreach to instructors, students, and employers. (M) Other activities of statewide significance that promote the purpose of this title. (b) Collaboration In carrying out this section, eligible agencies shall collaborate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a). (c) State-imposed requirements Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area. 224. State plan Each State desiring to receive funds under this title for any fiscal year shall submit and have approved a unified State plan in accordance with section 102 or a combined State plan in accordance with section 103. 225. Programs for corrections education and other institutionalized individuals (a) Program authorized From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals. (b) Uses of funds The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for— (1) adult education and literacy activities; (2) special education, as determined by the eligible agency; (3) secondary school credit; (4) integrated education and training; (5) career pathways; (6) concurrent enrollment; (7) peer tutoring; and (8) transition to re-entry initiatives and other postrelease services with the goal of reducing recidivism. (c) Priority Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program. (d) Report In addition to any report required under section 116, each eligible agency that receives assistance provided under this section shall annually prepare and submit to the Secretary a report on the progress, as described in section 116, of the eligible agency with respect to the programs and activities carried out under this section, including the relative rate of recidivism for the criminal offenders served. (e) Definitions In this section: (1) Correctional institution The term correctional institution means any— (A) prison; (B) jail; (C) reformatory; (D) work farm; (E) detention center; or (F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Criminal offender The term criminal offender means any individual who is charged with or convicted of any criminal offense. C Local provisions 231. Grants and contracts for eligible providers (a) Grants and contracts From grant funds made available under section 222(a)(1), each eligible agency shall award multiyear grants or contracts, on a competitive basis, to eligible providers within the State or outlying area to enable the eligible providers to develop, implement, and improve adult education and literacy activities within the State. (b) Required local activities The eligible agency shall require that each eligible provider receiving a grant or contract under subsection (a) use the grant or contract to establish or operate programs that provide adult education and literacy activities, including programs that provide such activities concurrently. (c) Direct and equitable access; same process Each eligible agency receiving funds under this title shall ensure that— (1) all eligible providers have direct and equitable access to apply and compete for grants or contracts under this section; and (2) the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area. (d) Special rule Each eligible agency awarding a grant or contract under this section shall not use any funds made available under this title for adult education and literacy activities for the purpose of supporting or providing programs, services, or activities for individuals who are not individuals described in subparagraphs (A) and (B) of section 203(4), except that such agency may use such funds for such purpose if such programs, services, or activities are related to family literacy activities. In providing family literacy activities under this title, an eligible provider shall attempt to coordinate with programs and services that are not assisted under this title prior to using funds for adult education and literacy activities under this title for activities other than activities for eligible individuals. (e) Considerations In awarding grants or contracts under this section, the eligible agency shall consider— (1) the degree to which the eligible provider would be responsive to— (A) regional needs as identified in the local plan under section 108; and (B) serving individuals in the community who were identified in such plan as most in need of adult education and literacy activities, including individuals— (i) who have low levels of literacy skills; or (ii) who are English language learners; (2) the ability of the eligible provider to serve eligible individuals with disabilities, including eligible individuals with learning disabilities; (3) past effectiveness of the eligible provider in improving the literacy of eligible individuals, to meet State-adjusted levels of performance for the primary indicators of performance described in section 116, especially with respect to eligible individuals who have low levels of literacy; (4) the extent to which the eligible provider demonstrates alignment between proposed activities and services and the strategy and goals of the local plan under section 108, as well as the activities and services of the one-stop partners; (5) whether the eligible provider’s program— (A) is of sufficient intensity and quality, and based on the most rigorous research available so that participants achieve substantial learning gains; and (B) uses instructional practices that include the essential components of reading instruction; (6) whether the eligible provider’s activities, including whether reading, writing, speaking, mathematics, and English language acquisition instruction delivered by the eligible provider, are based on the best practices derived from the most rigorous research available and appropriate, including scientifically valid research and effective educational practice; (7) whether the eligible provider’s activities effectively use technology, services, and delivery systems, including distance education in a manner sufficient to increase the amount and quality of learning and how such technology, services, and systems lead to improved performance; (8) whether the eligible provider’s activities provide learning in context, including through integrated education and training, so that an individual acquires the skills needed to transition to and complete postsecondary education and training programs, obtain and advance in employment leading to economic self-sufficiency, and to exercise the rights and responsibilities of citizenship; (9) whether the eligible provider’s activities are delivered by well-trained instructors, counselors, and administrators who meet any minimum qualifications established by the State, where applicable, and who have access to high quality professional development, including through electronic means; (10) whether the eligible provider’s activities coordinate with other available education, training, and social service resources in the community, such as by establishing strong links with elementary schools and secondary schools, postsecondary educational institutions, institutions of higher education, local workforce investment boards, one-stop centers, job training programs, and social service agencies, business, industry, labor organizations, community-based organizations, nonprofit organizations, and intermediaries, for the development of career pathways; (11) whether the eligible provider’s activities offer flexible schedules and coordination with Federal, State, and local support services (such as child care, transportation, mental health services, and career planning) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs; (12) whether the eligible provider maintains a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 116) and to monitor program performance; and (13) whether the local areas in which the eligible provider is located have a demonstrated need for additional English language acquisition programs and civics education programs. 232. Local application Each eligible provider desiring a grant or contract from an eligible agency shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including— (1) a description of how funds awarded under this title will be spent consistent with the requirements of this title; (2) a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and literacy activities; (3) a description of how the eligible provider will provide services in alignment with the local plan under section 108, including how such provider will promote concurrent enrollment in programs and activities under title I, as appropriate; (4) a description of how the eligible provider will meet the State adjusted levels of performance described in section 116(b)(3), including how such provider will collect data to report on such performance indicators; (5) a description of how the eligible provider will fulfill one-stop partner responsibilities as described in section 121(b)(1)(A), as appropriate; (6) a description of how the eligible provider will provide services in a manner that meets the needs of eligible individuals; and (7) information that addresses the considerations described under section 231(e), as applicable. 233. Local administrative cost limits (a) In general Subject to subsection (b), of the amount that is made available under this title to an eligible provider— (1) not less than 95 percent shall be expended for carrying out adult education and literacy activities; and (2) the remaining amount, not to exceed 5 percent, shall be used for planning, administration (including carrying out the requirements of section 116), professional development, and the activities described in paragraphs (3) and (5) of section 232. (b) Special rule In cases where the cost limits described in subsection (a) are too restrictive to allow for the activities described in subsection (a)(2), the eligible provider shall negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes. D General provisions 241. Administrative provisions (a) Supplement not supplant Funds made available for adult education and literacy activities under this title shall supplement and not supplant other State or local public funds expended for adult education and literacy activities. (b) Maintenance of effort (1) In general (A) Determination An eligible agency may receive funds under this title for any fiscal year if the Secretary finds that the fiscal effort per student or the aggregate expenditures of such eligible agency for activities under this title, in the second preceding fiscal year, were not less than 90 percent of the fiscal effort per student or the aggregate expenditures of such eligible agency for adult education and literacy activities in the third preceding fiscal year. (B) Proportionate reduction Subject to paragraphs (2), (3), and (4), for any fiscal year with respect to which the Secretary determines under subparagraph (A) that the fiscal effort or the aggregate expenditures of an eligible agency for the preceding program year were less than such effort or expenditures for the second preceding program year, the Secretary— (i) shall determine the percentage decreases in such effort or in such expenditures; and (ii) shall decrease the payment made under this title for such program year to the agency for adult education and literacy activities by the lesser of such percentages. (2) Computation In computing the fiscal effort and aggregate expenditures under paragraph (1), the Secretary shall exclude capital expenditures and special one-time project costs. (3) Decrease in Federal support If the amount made available for adult education and literacy activities under this title for a fiscal year is less than the amount made available for adult education and literacy activities under this title for the preceding fiscal year, then the fiscal effort per student and the aggregate expenditures of an eligible agency required in order to avoid a reduction under paragraph (1)(B) shall be decreased by the same percentage as the percentage decrease in the amount so made available. (4) Waiver The Secretary may waive the requirements of this subsection for not more than 1 fiscal year, if the Secretary determines that a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or an unforeseen and precipitous decline in the financial resources of the State or outlying area of the eligible agency. If the Secretary grants a waiver under the preceding sentence for a fiscal year, the level of effort required under paragraph (1) shall not be reduced in the subsequent fiscal year because of the waiver. 242. National leadership activities (a) In general The Secretary shall establish and carry out a program of national leadership activities to enhance the quality and outcomes of adult education and literacy activities and programs nationwide. (b) Required activities The national leadership activities described in subsection (a) shall include technical assistance, including— (1) assistance to help States meet the requirements of section 116; (2) upon request by a State, assistance provided to eligible providers in using performance accountability measures based on indicators described in section 116, and data systems for the improvement of adult education and literacy activities; (3) carrying out rigorous research and evaluation on effective adult education and literacy activities, as well as estimating the number of adults functioning at the lowest levels of literacy proficiency, which shall be coordinated across relevant Federal agencies, including the Institute of Education Sciences; and (4) carrying out an independent evaluation at least once every 4 years of the programs and activities under this title, taking into consideration the evaluation subjects referred to in section 169(a)(2). (c) Allowable activities The national leadership activities described in subsection (a) may include the following: (1) Technical assistance, including— (A) assistance related to professional development activities, and assistance for the purposes of developing, improving, identifying, and disseminating the most successful methods and techniques for providing adult education and literacy activities, based on scientifically valid research where available; (B) assistance in distance education and promoting and improving the use of technology in the classroom, including instruction in English language acquisition for English language learners; (C) assistance in the development and dissemination of proven models for addressing the digital literacy needs of adults, including older adults; and (D) supporting efforts aimed at strengthening programs at the State and local levels, such as technical assistance in program planning, assessment, evaluation, and monitoring of activities carried out under this title. (2) Funding national leadership activities either directly or through grants, contracts, or cooperative agreements awarded on a competitive basis to or with postsecondary educational institutions, institutions of higher education, public or private organizations or agencies (including public libraries), or consortia of such institutions, organizations, or agencies, which may include— (A) developing, improving, and identifying the most successful methods and techniques for addressing the education needs of adults, including instructional practices using the essential components of reading instruction based on the work of the National Institute of Child Health and Human Development; (B) supporting national, regional, or local networks of private nonprofit organizations, public libraries, or institutions of higher education to strengthen the ability of such networks’ members to meet the performance requirements described in section 116 of eligible providers; (C) increasing the effectiveness, and improving the quality, of adult education and literacy activities, which may include— (i) carrying out rigorous research; (ii) carrying out demonstration programs; (iii) accelerating learning outcomes for eligible individuals with the lowest literacy levels; (iv) developing and promoting career pathways for eligible individuals; (v) promoting concurrent enrollment programs in adult education and credit bearing postsecondary coursework; (vi) developing high-quality professional development activities for eligible providers; and (vii) developing, replicating, and disseminating information on best practices and innovative programs, such as— (I) the identification of effective strategies for working with adults with learning disabilities and with adults who are English language learners; (II) integrated education and training programs; (III) workplace adult education and literacy activities; and (IV) postsecondary education and training transition programs; (D) providing for the conduct of an independent evaluation and assessment of adult education and literacy activities through grants and contracts awarded on a competitive basis, which shall include descriptions of— (i) the effect of performance accountability measures and other measures of accountability on the delivery of adult education and literacy activities; (ii) the extent to which the adult education and literacy activities increase the literacy skills of eligible individuals, lead to involvement in education and training, enhance the employment and earnings of such participants, and, if applicable, lead to other positive outcomes, such as success in re-entry and reductions in recidivism in the case of prison-based adult education and literacy activities; (iii) the extent to which the provision of support services to eligible individuals enrolled in adult education and literacy activities increase the rate of enrollment in, and successful completion of, such programs; and (iv) the extent to which different types of providers measurably improve the skills of eligible individuals in adult education and literacy activities; (E) collecting data, such as data regarding the improvement of both local and State data systems, through technical assistance and development of model performance data collection systems; (F) determining how participation in adult education and literacy activities prepares eligible individuals for entry into postsecondary education and employment and, in the case of programs carried out in correctional institutions, has an effect on recidivism; and (G) other activities designed to enhance the quality of adult education and literacy activities nationwide. 243. Integrated English literacy and civics education (a) In general From funds made available under section 211(a)(2) for each fiscal year, the Secretary shall award grants to States, from allotments under subsection (b), for integrated English literacy and civics education, in combination with integrated education and training activities. (b) Allotment (1) In general Subject to paragraph (2), from amounts made available under section 211(a)(2) for a fiscal year, the Secretary shall allocate— (A) 65 percent to the States on the basis of a State’s need for integrated English literacy and civics education, as determined by calculating each State’s share of a 10-year average of the data of the Office of Immigration Statistics of the Department of Homeland Security for immigrants admitted for legal permanent residence for the 10 most recent years; and (B) 35 percent to the States on the basis of whether the State experienced growth, as measured by the average of the 3 most recent years for which the data of the Office of Immigration Statistics of the Department of Homeland Security for immigrants admitted for legal permanent residence are available. (2) Minimum No State shall receive an allotment under paragraph (1) in an amount that is less than $60,000. (c) Goal Each program that receives funding under this section shall be designed to— (1) prepare adults who are English language learners for, and place such adults in, unsubsidized employment in in-demand industries and occupations that lead to economic self-sufficiency; and (2) integrate with the local workforce development system and its functions to carry out the activities of the program. (d) Report The Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate and make available to the public, a report on the activities carried out under this section. III Amendments to the Wagner-Peyser Act 301. Employment service offices Section 1 of the Wagner-Peyser Act ( 29 U.S.C. 49 ) is amended by inserting service before offices . 302. Definitions Section 2 of the Wagner-Peyser Act ( 29 U.S.C. 49a ) is amended— (1) by striking paragraph (1) and inserting the following: (1) the terms chief elected official , institution of higher education , one-stop center , one-stop partner , training services , workforce development activity , and workplace learning advisor , have the meaning given the terms in section 3 of the Workforce Innovation and Opportunity Act; ; (2) in paragraph (2)— (A) by striking investment board each place it appears and inserting development board ; and (B) by striking section 117 of the Workforce Investment Act of 1998 and inserting section 107 of the Workforce Innovation and Opportunity Act ; (3) in paragraph (3)— (A) by striking 134(c) and inserting 121(e) ; and (B) by striking Workforce Investment Act of 1998 and inserting Workforce Innovation and Opportunity Act ; and (4) in paragraph (4), by striking and at the end; (5) in paragraph (5), by striking the period and inserting ; and ; and (6) by adding at the end the following: (6) the term employment service office means a local office of a State agency; and (7) except in section 15, the term State agency , used without further description, means an agency designated or authorized under section 4. . 303. Federal and State employment service offices (a) Coordination Section 3(a) of the Wagner-Peyser Act ( 29 U.S.C. 49b(a) ) is amended by striking services and inserting service offices . (b) Public labor exchange services system Section 3(c) of the Wagner-Peyser Act ( 29 U.S.C. 49b(c) ) is amended— (1) in paragraph (2), by striking the semicolon and inserting , and identify and disseminate information on best practices for such system; and ; and (2) by adding at the end the following: (4) in coordination with the State agencies and the staff of such agencies, assist in the planning and implementation of activities to enhance the professional development and career advancement opportunities of such staff, in order to strengthen the provision of a broad range of career guidance services, the identification of job openings (including providing intensive outreach to small and medium-sized employers and enhanced employer services), the provision of technical assistance and training to other providers of workforce development activities (including workplace learning advisors) relating to counseling and employment-related services, and the development of new strategies for coordinating counseling and technology. . (c) One-stop centers Section 3 of the Wagner-Peyser Act ( 29 U.S.C. 49b ) is amended by inserting after subsection (c) the following: (d) In order to improve service delivery, avoid duplication of services, and enhance coordination of services, including location of staff to ensure access to services under section 7(a) statewide in underserved areas, employment service offices in each State shall be colocated with one-stop centers. (e) The Secretary, in consultation with States, is authorized to assist the States in the development of national electronic tools that may be used to improve access to workforce information for individuals through— (1) the one-stop delivery systems established as described in section 121(e) of the Workforce Innovation and Opportunity Act; and (2) such other delivery systems as the Secretary determines to be appropriate. . 304. Allotment of sums Section 6 of the Wagner-Peyser Act ( 29 U.S.C. 49e ) is amended— (1) in subsection (a), by striking amounts appropriated pursuant to section 5 and inserting funds appropriated and (except for Guam) certified under section 5 and made available for allotments under this section ; and (2) in subsection (b)(1)— (A) in the matter preceding subparagraph (A)— (i) by inserting before the Secretary the following after making the allotments required by subsection (a), ; and (ii) by striking sums and all that follows through this Act and inserting funds described in subsection (a) ; (B) in each of subparagraphs (A) and (B), by striking sums and inserting remainder ; and (C) by adding at the end the following: For purposes of this paragraph, the term State does not include Guam or the Virgin Islands. . 305. Use of sums (a) Improved coordination Section 7(a)(1) of the Wagner-Peyser Act ( 29 U.S.C. 49f(a)(1) ) is amended by inserting , including unemployment insurance claimants, after seekers . (b) Resources for unemployment insurance claimants Section 7(a)(3) of the Wagner-Peyser Act ( 29 U.S.C. 49f(a)(3) ) is amended— (1) by striking and at the end of subparagraph (E); (2) in subparagraph (F)— (A) by inserting , including making eligibility assessments, after system ; and (B) by striking the period at the end and inserting ; and ; and (3) by inserting after subparagraph (F) the following: (G) providing unemployment insurance claimants with referrals to, and application assistance for, training and education resources and programs, including Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ), educational assistance under chapter 30 of title 38, United States Code (commonly referred to as the Montgomery GI Bill), and chapter 33 of that title (Post-9/11 Veterans Educational Assistance), student assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), State student higher education assistance, and training and education programs provided under titles I and II of the Workforce Innovation and Opportunity Act, and title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ). . (c) State activities Section 7(b) of the Wagner-Peyser Act ( 29 U.S.C. 49f(b) ) is amended— (1) in paragraph (1), by striking performance standards established by the Secretary and inserting the performance accountability measures that are based on indicators described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act ; (2) in paragraph (2), by inserting offices after employment service ; and (3) in paragraph (3), by inserting , and models for enhancing professional development and career advancement opportunities of State agency staff, as described in section 3(c)(4) after subsection (a) . (d) Providing additional funds Subsections (c)(2) and (d) of section 7 of the Wagner-Peyser Act ( 29 U.S.C. 49f ) are amended by striking the Workforce Investment Act of 1998 and inserting the Workforce Innovation and Opportunity Act . (e) Conforming amendment Section 7(e) of the Wagner-Peyser Act ( 29 U.S.C. 49f(e) ) is amended by striking labor employment statistics and inserting workforce and labor market information . 306. State plan Section 8 of the Wagner-Peyser Act ( 29 U.S.C. 49g ) is amended to read as follows: 8. Any State desiring to receive assistance under section 6 shall prepare and submit to, and have approved by, the Secretary and the Secretary of Education, a State plan in accordance with section 102 or 103 of the Workforce Innovation and Opportunity Act. . 307. Performance measures Section 13(a) of the Wagner-Peyser Act ( 29 U.S.C. 49l(a) ) is amended to read as follows: (a) The activities carried out pursuant to section 7 shall be subject to the performance accountability measures that are based on indicators described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act. . 308. Workforce and labor market information system (a) Heading The section heading for section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 ) is amended by striking Employment statistics and inserting Workforce and labor market information system . (b) Name of system Section 15(a)(1) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(a)(1) ) is amended by striking employment statistics system of employment statistics and inserting workforce and labor market information system . (c) System responsibilities Section 15(b) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(b) ) is amended— (1) by striking paragraph (1) and inserting the following: (1) In general (A) Structure The workforce and labor market information system described in subsection (a) shall be evaluated and improved by the Secretary, in consultation with the Workforce Information Advisory Council established in subsection (d). (B) Grants and responsibilities (i) In general The Secretary shall carry out the provisions of this section in a timely manner, through grants to or agreements with States. (ii) Distribution of funds Using amounts appropriated under subsection (g), the Secretary shall provide funds through those grants and agreements. In distributing the funds (relating to workforce and labor market information funding) for fiscal years 2015 through 2020, the Secretary shall continue to distribute the funds to States in the manner in which the Secretary distributed funds to the States under this section for fiscal years 2004 through 2008. ; and (2) by striking paragraph (2) and inserting the following: (2) Duties The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties: (A) Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that the statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions, and that the information is accessible and understandable to users of such data. (B) Actively seek the cooperation of heads of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities. (C) Solicit, receive, and evaluate the recommendations from the Workforce Information Advisory Council established in subsection (d) concerning the evaluation and improvement of the workforce and labor market information system described in subsection (a) and respond in writing to the Council regarding the recommendations. (D) Eliminate gaps and duplication in statistical undertakings. (E) Through the Bureau of Labor Statistics and the Employment and Training Administration, and in collaboration with States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1). (F) Establish procedures for the system to ensure that— (i) such data and information are timely; and (ii) paperwork and reporting for the system are reduced to a minimum. . (d) Two-year plan Section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 ) is amended by striking subsection (c) and inserting the following: (c) Two-year plan The Secretary, acting through the Commissioner of Labor Statistics and the Assistant Secretary for Employment and Training, and in consultation with the Workforce Information Advisory Council described in subsection (d) and heads of other appropriate Federal agencies, shall prepare a 2-year plan for the workforce and labor market information system. The plan shall be developed and implemented in a manner that takes into account the activities described in State plans submitted by States under section 102 or 103 of the Workforce Innovation and Opportunity Act and shall be submitted to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. The plan shall include— (1) a description of how the Secretary will work with the States to manage the nationwide workforce and labor market information system described in subsection (a) and the statewide workforce and labor market information systems that comprise the nationwide system; (2) a description of the steps to be taken in the following 2 years to carry out the duties described in subsection (b)(2); (3) an evaluation of the performance of the system, with particular attention to the improvements needed at the State and local levels; (4) a description of the involvement of States in the development of the plan, through consultation by the Secretary with the Workforce Information Advisory Council in accordance with subsection (d); and (5) a description of the written recommendations received from the Workforce Information Advisory Council established under subsection (d), and the extent to which those recommendations were incorporated into the plan. . (e) Workforce information advisory council Section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 ) is amended by striking subsection (d) and inserting the following: (d) Workforce information advisory council (1) In general The Secretary, through the Commissioner of Labor Statistics and the Assistant Secretary for Employment and Training, shall formally consult at least twice annually with the Workforce Information Advisory Council established in accordance with paragraph (2). Such consultations shall address the evaluation and improvement of the nationwide workforce and labor market information system described in subsection (a) and the statewide workforce and labor market information systems that comprise the nationwide system and how the Department of Labor and the States will cooperate in the management of such systems. The Council shall provide written recommendations to the Secretary concerning the evaluation and improvement of the nationwide system, including any recommendations regarding the 2-year plan described in subsection (c). (2) Establishment of council (A) Establishment The Secretary shall establish an advisory council that shall be known as the Workforce Information Advisory Council (referred to in this section as the Council ) to participate in the consultations and provide the recommendations described in paragraph (1). (B) Membership The Secretary shall appoint the members of the Council, which shall consist of— (i) 4 members who are representatives of lead State agencies with responsibility for workforce investment activities, or State agencies described in section 4, who have been nominated by such agencies or by a national organization that represents such agencies; (ii) 4 members who are representatives of the State workforce and labor market information directors affiliated with the State agencies that perform the duties described in subsection (e)(2), who have been nominated by the directors; (iii) 1 member who is a representative of providers of training services under section 122 of the Workforce Innovation and Opportunity Act; (iv) 1 member who is a representative of economic development entities; (v) 1 member who is a representative of businesses, who has been nominated by national business organizations or trade associations; (vi) 1 member who is a representative of labor organizations, who has been nominated by a national labor federation; (vii) 1 member who is a representative of local workforce development boards, who has been nominated by a national organization representing such boards; and (viii) 1 member who is a representative of research entities that utilize workforce and labor market information. (C) Geographic diversity The Secretary shall ensure that the membership of the Council is geographically diverse and that no 2 of the members appointed under clauses (i), (ii), and (vii) represent the same State. (D) Period of appointment; vacancies (i) In general Each member of the Council shall be appointed for a term of 3 years, except that the initial terms for members may be 1, 2, or 3 years in order to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms. (ii) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (E) Travel expenses The members of the Council shall not receive compensation for the performance of services for the Council, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Council. (F) Permanent council Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. . (f) State responsibilities Section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) ) is amended— (1) by striking employment statistics each place it appears and inserting workforce and labor market information ; (2) in paragraph (1)(A) by striking annual plan and inserting plan described in subsection (c) ; (3) in paragraph (2)— (A) in subparagraph (G), by inserting and at the end; (B) by striking subparagraph (H); (C) in subparagraph (I), by striking section 136(f)(2) of the Workforce Investment Act of 1998 and inserting section 116(i)(2) of the Workforce Innovation and Opportunity Act ; and (D) by redesignating subparagraph (I) as subparagraph (H). (g) Authorization of appropriations Section 15(g) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(g) ) is amended by striking such sums as may be necessary for each of the fiscal years 1999 through 2004 and inserting $60,153,000 for fiscal year 2015, $64,799,000 for fiscal year 2016, $66,144,000 for fiscal year 2017, $67,611,000 for fiscal year 2018, $69,200,000 for fiscal year 2019, and $70,667,000 for fiscal year 2020 . IV Amendments to the Rehabilitation Act of 1973 A Introductory Provisions 401. References Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the amendment or repeal shall be considered to be made to a provision of the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ). 402. Findings, purpose, policy (a) Findings Section 2(a) ( 29 U.S.C. 701(a) ) is amended— (1) in paragraph (4), by striking workforce investment systems under title I of the Workforce Investment Act of 1998 and inserting workforce development systems defined in section 3 of the Workforce Innovation and Opportunity Act ; (2) in paragraph (5), by striking and at the end; (3) in paragraph (6), by striking the period and inserting ; and ; and (4) by adding at the end the following: (7) (A) a high proportion of students with disabilities is leaving secondary education without being employed in competitive integrated employment, or being enrolled in postsecondary education; and (B) there is a substantial need to support such students as they transition from school to postsecondary life. . (b) Purpose Section 2(b) ( 29 U.S.C. 701(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking workforce investment systems implemented in accordance with title I of the Workforce Investment Act of 1998 and inserting workforce development systems defined in section 3 of the Workforce Innovation and Opportunity Act ; and (B) at the end of subparagraph (F), by striking and ; (2) by redesignating paragraph (2) as paragraph (3); (3) by inserting after paragraph (1) the following: (2) to maximize opportunities for individuals with disabilities, including individuals with significant disabilities, for competitive integrated employment; ; (4) in paragraph (3), as redesignated by paragraph (2), by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: (4) to increase employment opportunities and employment outcomes for individuals with disabilities, including through encouraging meaningful input by employers and vocational rehabilitation service providers on successful and prospective employment and placement strategies; and (5) to ensure, to the greatest extent possible, that youth with disabilities and students with disabilities who are transitioning from receipt of special education services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) and receipt of services under section 504 of this Act have opportunities for postsecondary success. . 403. Rehabilitation Services Administration Section 3 ( 29 U.S.C. 702 ) is amended— (1) in subsection (a)— (A) in the first sentence, by inserting in the Department of Education after Secretary ; (B) by striking the second sentence and inserting Such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out titles I, III, VI, and chapter 2 of title VII. ; and (C) in the fourth and sixth sentences, by inserting of Education after Secretary the first place it appears; and (2) in subsection (b), by inserting of Education after Secretary . 404. Definitions Section 7 ( 29 U.S.C. 705 ) is amended— (1) in paragraph (2)(B)— (A) in clause (iii), by striking and at the end; (B) in clause (iv), by striking the semicolon and inserting ; and ; and (C) by adding at the end the following: (v) to the maximum extent possible, relies on information obtained from experiences in integrated employment settings in the community, and other integrated community settings; ; (2) by striking paragraphs (3) and (4) and inserting the following: (3) Assistive technology terms (A) Assistive technology The term assistive technology has the meaning given such term in section 3 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3002 ). (B) Assistive technology device The term assistive technology device has the meaning given such term in section 3 of the Assistive Technology Act of 1998, except that the reference in such section to the term individuals with disabilities shall be deemed to mean more than 1 individual with a disability as defined in paragraph (20)(A)). (C) Assistive technology service The term assistive technology service has the meaning given such term in section 3 of the Assistive Technology Act of 1998, except that the reference in such section— (i) to the term individual with a disability shall be deemed to mean an individual with a disability, as defined in paragraph (20)(A); and (ii) to the term individuals with disabilities shall be deemed to mean more than 1 such individual. ; (3) by redesignating paragraph (5) as paragraph (4); (4) in paragraph (4), as redesignated by paragraph (3)— (A) by redesignating subparagraphs (O) through (Q) as subparagraphs (P) through (R), respectively; (B) by inserting after subparagraph (N) the following: (O) customized employment; ; and (C) in subparagraph (R), as redesignated by subparagraph (A) of this paragraph, by striking (P) and inserting (Q) ; (5) by inserting before paragraph (6) the following: (5) Competitive integrated employment The term competitive integrated employment means work that is performed on a full-time or part-time basis (including self-employment)— (A) for which an individual— (i) is compensated at a rate that— (I) (aa) shall be not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or the rate specified in the applicable State or local minimum wage law; and (bb) is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; or (II) in the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities, and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and (ii) is eligible for the level of benefits provided to other employees; (B) that is at a location where the employee interacts with other persons who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that individuals who are not individuals with disabilities and who are in comparable positions interact with other persons; and (C) that, as appropriate, presents opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions. ; (6) in paragraph (6)(B), by striking includes and all that follows through fees and inserting includes architects' fees ; (7) by inserting after paragraph (6) the following: (7) Customized employment The term customized employment means competitive integrated employment, for an individual with a significant disability, that is based on an individualized determination of the strengths, needs, and interests of the individual with a significant disability, is designed to meet the specific abilities of the individual with a significant disability and the business needs of the employer, and is carried out through flexible strategies, such as— (A) job exploration by the individual; (B) working with an employer to facilitate placement, including— (i) customizing a job description based on current employer needs or on previously unidentified and unmet employer needs; (ii) developing a set of job duties, a work schedule and job arrangement, and specifics of supervision (including performance evaluation and review), and determining a job location; (iii) representation by a professional chosen by the individual, or self-representation of the individual, in working with an employer to facilitate placement; and (iv) providing services and supports at the job location. ; (8) in paragraph (11)— (A) in subparagraph (C)— (i) by inserting of Education after Secretary ; and (ii) by inserting customized employment, before self-employment, ; (9) in paragraph (12), by inserting of Education after Secretary each place it appears; (10) in paragraph (14)(C), by inserting of Education after Secretary ; (11) in paragraph (17)— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) services that— (i) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the requisite supports and services; (ii) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and (iii) facilitate the transition of youth who are individuals with significant disabilities, who were eligible for individualized education programs under section 614(d) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d) ), and who have completed their secondary education or otherwise left school, to postsecondary life. ; (12) in paragraph (18), by striking term and all that follows through includes— and inserting term independent living services includes— ; (13) in paragraph (19)— (A) in subparagraph (A), by inserting before the period the following: and includes a Native and a descendant of a Native, as such terms are defined in subsections (b) and (r) of section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ) ; and (B) in subparagraph (B), by inserting before the period the following: and a tribal organization (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(l) )) ; (14) in paragraph (23), by striking section 101 and inserting section 102 ; (15) by striking paragraph (25) and inserting the following: (25) Local workforce development board The term local workforce development board means a local board, as defined in section 3 of the Workforce Innovation and Opportunity Act. ; (16) by striking paragraph (37); (17) by redesignating paragraphs (29) through (39) as paragraphs (31) through (36), and (38) through (41), respectively; (18) by inserting after paragraph (28) the following: (30) Pre-employment transition services The term pre-employment transition services means services provided in accordance with section 113. ; (19) by striking paragraph (33), as redesignated by paragraph (17), and inserting the following: (33) Secretary Unless where the context otherwise requires, the term Secretary — (A) used in title I, III, IV, V, VI, or chapter 2 of title VII, means the Secretary of Education; and (B) used in title II or chapter 1 of title VII, means the Secretary of Health and Human Services. ; (20) by striking paragraphs (35) and (36), as redesignated by paragraph (17), and inserting the following: (35) State workforce development board The term State workforce development board means a State board, as defined in section 3 of the Workforce Innovation and Opportunity Act. (36) Statewide workforce development system The term statewide workforce development system means a workforce development system, as defined in section 3 of the Workforce Innovation and Opportunity Act. ; (21) by inserting after that paragraph (36) the following: (37) Student with a disability (A) In general The term student with a disability means an individual with a disability who— (i) (I) (aa) is not younger than the earliest age for the provision of transition services under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(A)(i)(VIII) ); or (bb) if the State involved elects to use a lower minimum age for receipt of pre-employment transition services under this Act, is not younger than that minimum age; and (II) (aa) is not older than 21 years of age; or (bb) if the State law for the State provides for a higher maximum age for receipt of services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), is not older than that maximum age; and (ii) (I) is eligible for, and receiving, special education or related services under part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ); or (II) is an individual with a disability, for purposes of section 504. (B) Students with disabilities The term students with disabilities means more than 1 student with a disability. ; (22) by striking paragraphs (38) and (39), as redesignated by paragraph (17), and inserting the following: (38) Supported employment The term supported employment means competitive integrated employment, including customized employment, or employment in an integrated work setting in which individuals are working on a short-term basis toward competitive integrated employment, that is individualized and customized consistent with the strengths, abilities, interests, and informed choice of the individuals involved, for individuals with the most significant disabilities— (A) (i) for whom competitive integrated employment has not historically occurred; or (ii) for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability; and (B) who, because of the nature and severity of their disability, need intensive supported employment services and extended services after the transition described in paragraph (13)(C), in order to perform the work involved. (39) Supported employment services The term supported employment services means ongoing support services, including customized employment, needed to support and maintain an individual with a most significant disability in supported employment, that— (A) are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual to achieve competitive integrated employment; (B) are based on a determination of the needs of an eligible individual, as specified in an individualized plan for employment; and (C) are provided by the designated State unit for a period of not more than 24 months, except that period may be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for employment. ; (23) in paragraph (41), as redesignated by paragraph (17), by striking as defined in section 101 of the Workforce Investment Act of 1998 and inserting as defined in section 3 of the Workforce Innovation and Opportunity Act ; and (24) by inserting after paragraph (41), as redesignated by paragraph (17), the following: (42) Youth with a disability (A) In general The term youth with a disability means an individual with a disability who— (i) is not younger than 14 years of age; and (ii) is not older than 24 years of age. (B) Youth with disabilities The term youth with disabilities means more than 1 youth with a disability. . 405. Administration of the Act (a) Promulgation Section 8(a)(2) ( 29 U.S.C. 706(a)(2) ) is amended by inserting of Education after Secretary . (b) Privacy Section 11 ( 29 U.S.C. 708 ) is amended— (1) by inserting (a) before The provisions ; and (2) by adding at the end the following: (b) Section 501 of the Workforce Innovation and Opportunity Act shall apply, as specified in that section, to amendments to this Act that were made by the Workforce Innovation and Opportunity Act. . (c) Administration Section 12 ( 29 U.S.C. 709 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking (1) and inserting (1)(A) ; and (ii) by adding at the end the following: (B) provide technical assistance to the designated State units on developing successful partnerships with local and multi-State businesses in an effort to increase the employment of individuals with disabilities; (C) provide technical assistance to providers and organizations on developing self-employment opportunities and outcomes for individuals with disabilities; and (D) provide technical assistance to entities carrying out community rehabilitation programs to build their internal capacity to provide individualized services and supports leading to competitive integrated employment, and to transition individuals with disabilities away from nonintegrated settings; ; and (B) in paragraph (2), by striking , centers for independent living, ; (2) in subsection (c), by striking Commissioner the first place it appears and inserting Secretary of Education ; (3) in subsection (d), by inserting of Education after Secretary ; (4) in subsection (e)— (A) by striking Rehabilitation Act Amendments of 1998 each place it appears and inserting Workforce Innovation and Opportunity Act ; and (B) by inserting of Education after Secretary ; (5) in subsection (f), by inserting of Education after Secretary ; (6) (A) in subsection (c), by striking (c) and inserting (c)(1) ; (B) in subsection (d), by striking (d) and inserting (d)(1) ; (C) in subsection (e), by striking (e) and inserting (2) ; (D) in subsection (f), by striking (f) and inserting (2) ; and (E) by moving paragraph (2) (as redesignated by subparagraph (D)) to the end of subsection (c); and (7) by inserting after subsection (d) the following: (e) (1) The Administrator of the Administration for Community Living (referred to in this subsection as the Administrator ) may carry out the authorities and shall carry out the responsibilities of the Commissioner described in paragraphs (1)(A) and (2) through (4) of subsection (a), and subsection (b), except that, for purposes of applying subsections (a) and (b), a reference in those subsections— (A) to facilitating meaningful and effective participation shall be considered to be a reference to facilitating meaningful and effective collaboration with independent living programs, and promoting a philosophy of independent living for individuals with disabilities in community activities; and (B) to training for personnel shall be considered to be a reference to training for the personnel of centers for independent living and Statewide Independent Living Councils. (2) The Secretary of Health and Human Services may carry out the authorities and shall carry out the responsibilities of the Secretary of Education described in subsections (c) and (d). (f) (1) In subsections (a) through (d), a reference to this Act means a provision of this Act that the Secretary of Education has authority to carry out; and (2) In subsection (e), for purposes of applying subsections (a) through (d), a reference in those subsections to this Act means a provision of this Act that the Secretary of Health and Human Services has authority to carry out. . 406. Reports Section 13 ( 29 U.S.C. 710 ) is amended— (1) in section (c)— (A) by striking (c) and inserting (c)(1) ; and (B) in the second sentence, by striking section 136(d) of the Workforce Investment Act of 1998 and inserting section 116(d)(2) of the Workforce Innovation and Opportunity Act ; and (2) by adding at the end the following: (d) The Commissioner shall ensure that the report described in this section is made publicly available in a timely manner, including through electronic means, in order to inform the public about the administration and performance of programs under this Act. . 407. Evaluation and information (a) Evaluation Section 14 ( 29 U.S.C. 711 ) is amended— (1) by inserting of Education after Secretary each place it appears; (2) in subsection (f)(2), by inserting competitive before integrated employment ; (3) (A) in subsection (b), by striking (b) and inserting (b)(1) ; (B) in subsection (c), by striking (c) and inserting (2) ; (C) in subsection (d), by striking (d) and inserting (3) ; and (D) by redesignating subsections (e) and (f) as subsections (c) and (d), respectively; (4) by inserting after subsection (d), as redesignated by paragraph (3)(D), the following: (e) (1) The Secretary of Health and Human Services may carry out the authorities and shall carry out the responsibilities of the Secretary of Education described in subsections (a) and (b). (2) The Administrator of the Administration for Community Living may carry out the authorities and shall carry out the responsibilities of the Commissioner described in subsections (a) and (d)(1), except that, for purposes of applying those subsections, a reference in those subsections to exemplary practices shall be considered to be a reference to exemplary practices concerning independent living services and centers for independent living. (f) (1) In subsections (a) through (d), a reference to this Act means a provision of this Act that the Secretary of Education has authority to carry out; and (2) In subsection (e), for purposes of applying subsections (a), (b), and (d), a reference in those subsections to this Act means a provision of this Act that the Secretary of Health and Human Services has authority to carry out. . (b) Information Section 15 ( 29 U.S.C. 712 ) is amended— (1) in subsection (a)— (A) by inserting of Education after Secretary each place it appears; and (B) in paragraph (1), by striking State workforce investment boards and inserting State workforce development boards ; and (2) in subsection (b), by striking Secretary and inserting Secretary of Education . 408. Carryover Section 19(a)(1) ( 29 U.S.C. 716(a)(1) ) is amended by striking part B of title VI and inserting title VI . 409. Traditionally underserved populations Section 21 ( 29 U.S.C. 718 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in the first sentence, by striking racial and inserting demographic ; (ii) in the second sentence— (I) by striking rate of increase the first place it appears and inserting percentage increase from 2000 to 2010 ; (II) by striking is 3.2 and inserting was 9.7 ; (III) by striking rate of increase and inserting percentage increase ; (IV) by striking is much and inserting was much ; (V) by striking 38.6 and inserting 43.0 ; (VI) by striking 14.6 and inserting 12.3 ; (VII) by striking 40.1 and inserting 43.2 ; and (VIII) by striking and other ethnic groups ; and (iii) by striking the last sentence; and (B) in paragraph (2), by striking the second and third sentences and inserting the following: “In 2011— (A) among Americans ages 16 through 64, the rate of disability was 12.1 percent; (B) among African-Americans in that age range, the disability rate was more than twice as high, at 27.1 percent; and (C) for American Indians and Alaska Natives in the same age range, the disability rate was also more than twice as high, at 27.0 percent. ; (2) in subsection (b)(1), by striking National Institute on Disability and Rehabilitation Research and inserting National Institute on Disability, Independent Living, and Rehabilitation Research ; and (3) in subsection (c), by striking Director and inserting Director of the National Institute on Disability, Independent Living, and Rehabilitation Research . B Vocational rehabilitation services 411. Declaration of policy; authorization of appropriations (a) Findings; purpose; policy Section 100(a) ( 29 U.S.C. 720(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (C), by striking integrated and inserting competitive integrated employment ; (B) in subparagraph (D)(iii), by striking medicare and medicaid and inserting Medicare and Medicaid ; (C) in subparagraph (F), by striking investment and inserting development ; and (D) in subparagraph (G)— (i) by striking workforce investment systems and inserting workforce development systems ; and (ii) by striking workforce investment activities and inserting workforce development activities ; (2) in paragraph (2)— (A) in subparagraph (A), by striking workforce investment system and inserting workforce development system ; and (B) in subparagraph (B), by striking and informed choice, and inserting informed choice, and economic self-sufficiency, ; and (3) in paragraph (3)— (A) in subparagraph (B), by striking gainful employment in integrated settings and inserting competitive integrated employment ; and (B) in subparagraph (E), by inserting should before facilitate . (b) Authorization of appropriations Section 100(b)(1) ( 29 U.S.C. 720(b)(1) ) is amended by striking such sums as may be necessary for fiscal years 1999 through 2003 and inserting $3,302,053,000 for each of the fiscal years 2015 through 2020 . 412. State plans (a) Plan requirements Section 101(a) ( 29 U.S.C. 721(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking to participate and all that follows and inserting to receive funds under this title for a fiscal year, a State shall submit, and have approved by the Secretary and the Secretary of Labor, a unified State plan in accordance with section 102, or a combined State plan in accordance with section 103, of the Workforce Innovation and Opportunity Act. The unified or combined State plan shall include, in the portion of the plan described in section 102(b)(2)(D) of such Act (referred to in this subsection as the vocational rehabilitation services portion ), the provisions of a State plan for vocational rehabilitation services, described in this subsection. ; and (B) in subparagraph (B)— (i) by striking in the State plan for vocational rehabilitation services, and inserting as part of the vocational rehabilitation services portion of the unified or combined State plan submitted in accordance with subparagraph (A), ; and (ii) by striking Rehabilitation Act Amendments of 1998 and inserting Workforce Innovation and Opportunity Act ; and (C) in subparagraph (C)— (i) by striking The State plan shall remain in effect subject to the submission of such modifications and inserting The vocational rehabilitation services portion of the unified or combined State plan submitted in accordance with subparagraph (A) shall remain in effect until the State submits and receives approval of a new State plan in accordance with subparagraph (A), or until the submission of such modifications ; and (ii) by striking , until the State submits and receives approval of a new State plan ; (2) in paragraph (2)— (A) in subparagraph (A), by striking The State plan and inserting The State plan for vocational rehabilitation services ; and (B) in subparagraph (B)(ii)— (i) in subclause (II), by inserting who is responsible for the day-to-day operation of the vocational rehabilitation program before the semicolon; (ii) in subclause (III), by striking and at the end; (iii) in subclause (IV), by striking the period and inserting ; and ; and (iv) by adding at the end the following: (V) has the sole authority and responsibility within the designated State agency described in subparagraph (A) to expend funds made available under this title in a manner that is consistent with the purposes of this title. ; (3) in paragraph (5)— (A) in subparagraph (C), by striking and at the end; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: (D) notwithstanding subparagraph (C), permit the State, in its discretion, to elect to serve eligible individuals (whether or not receiving vocational rehabilitation services) who require specific services or equipment to maintain employment; and ; (4) in paragraph (7)— (A) in subparagraph (A)(v)— (i) in subclause (I), after rehabilitation technology insert the following: , including training implemented in coordination with entities carrying out State programs under section 4 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003 ) ; and (ii) in subclause (II), by striking Rehabilitation Act Amendments of 1998 and inserting Workforce Innovation and Opportunity Act ; and (B) in subparagraph (B), by striking clause (ii) and inserting the following: (ii) the establishment and maintenance of education and experience requirements, to ensure that the personnel have a 21st century understanding of the evolving labor force and the needs of individuals with disabilities, including requirements for— (I) (aa) attainment of a baccalaureate degree in a field of study reasonably related to vocational rehabilitation, to indicate a level of competency and skill demonstrating basic preparation in a field of study such as vocational rehabilitation counseling, social work, psychology, disability studies, business administration, human resources, special education, supported employment, customized employment, economics, or another field that reasonably prepares individuals to work with consumers and employers; and (bb) demonstrated paid or unpaid experience, for not less than 1 year, consisting of— (AA) direct work with individuals with disabilities in a setting such as an independent living center; (BB) direct service or advocacy activities that provide such individual with experience and skills in working with individuals with disabilities; or (CC) direct experience as an employer, as a small business owner or operator, or in self-employment, or other experience in human resources, recruitment, or experience in supervising employees, training, or other activities that provide experience in competitive integrated employment environments; or (II) attainment of a master's or doctoral degree in a field of study such as vocational rehabilitation counseling, law, social work, psychology, disability studies, business administration, human resources, special education, management, public administration, or another field that reasonably provides competence in the employment sector, in a disability field, or in both business-related and rehabilitation-related fields; and ; (5) in paragraph (8)— (A) in subparagraph (A)(i)— (i) by inserting an accommodation or auxiliary aid or service or after prior to providing ; and (ii) by striking (5)(D) and inserting (5)(E) ; (B) in subparagraph (B)— (i) in the matter preceding clause (i)— (I) by striking medicaid and inserting Medicaid ; (II) by striking workforce investment system and inserting workforce development system ; (III) by striking (5)(D) and inserting (5)(E) ; (IV) by inserting and, if appropriate, accommodations or auxiliary aids and services, before that are included ; and (V) by striking provision of such vocational rehabilitation services and inserting provision of such vocational rehabilitation services (including, if appropriate, accommodations or auxiliary aids and services) ; and (ii) in clause (iv)— (I) by striking (5)(D) and inserting (5)(E) ; and (II) by inserting , and accommodations or auxiliary aids and services before the period; and (C) in subparagraph (C)(i), by striking (5)(D) and inserting (5)(E) ; (6) in paragraph (10)— (A) in subparagraph (B), by striking annual and all that follows through of 1998 and inserting annual reporting of information, on eligible individuals receiving the services, that is necessary to assess the State's performance on the standards and indicators described in section 106(a) ; (B) in subparagraph (C)— (i) in the matter preceding clause (i), by inserting , from each State, after additional data ; (ii) by striking clause (i) and inserting: (i) the number of applicants and the number of individuals determined to be eligible or ineligible for the program carried out under this title, including the number of individuals determined to be ineligible (disaggregated by type of disability and age); ; (iii) in clause (ii)— (I) in subclause (I), by striking (5)(D) and inserting (5)(E) ; (II) in subclause (II), by striking and at the end; and (III) by adding at the end the following: (IV) the number of individuals with open cases (disaggregated by those who are receiving training and those who are in postsecondary education), and the type of services the individuals are receiving (including supported employment); (V) the number of students with disabilities who are receiving pre-employment transition services under this title: and (VI) the number of individuals referred to State vocational rehabilitation programs by one-stop operators (as defined in section 3 of the Workforce Innovation and Opportunity Act), and the number of individuals referred to such one-stop operators by State vocational rehabilitation programs; ; and (iv) in clause (iv)(I), by inserting before the semicolon the following: and, for those who achieved employment outcomes, the average length of time to obtain employment ; (C) in subparagraph (D)(i), by striking title I of the Workforce Investment Act of 1998 and inserting title I of the Workforce Innovation and Opportunity Act ; (D) in subparagraph (E)(ii), by striking of the State and all that follows and inserting of the State in meeting the standards and indicators established pursuant to section 106. ; and (E) by adding at the end the following: (G) Rules for reporting of data The disaggregation of data under this Act shall not be required within a category if the number of individuals in a category is insufficient to yield statistically reliable information, or if the results would reveal personally identifiable information about an individual. (H) Comprehensive report The State plan shall specify that the Commissioner will provide an annual comprehensive report that includes the reports and data required under this section, as well as a summary of the reports and data, for each fiscal year. The Commissioner shall submit the report to the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the Senate, not later than 90 days after the end of the fiscal year involved. ; (7) in paragraph (11)— (A) in subparagraph (A)— (i) in the subparagraph header, by striking workforce investment systems and inserting workforce development systems ; (ii) in the matter preceding clause (i), by striking workforce investment system and inserting workforce development system ; (iii) in clause (i)(II)— (I) by striking investment and inserting development ; and (II) by inserting (including programmatic accessibility and physical accessibility) after program accessibility ; (iv) in clause (ii), by striking workforce investment system and inserting workforce development system ; and (v) in clause (v), by striking workforce investment system and inserting workforce development system ; (B) in subparagraph (B), by striking workforce investment system and inserting workforce development system ; (C) in subparagraph (C)— (i) by inserting the State programs carried out under section 4 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003 ), after including ; (ii) by inserting , noneducational agencies serving out-of-school youth, after Agriculture ; and (iii) by striking such agencies and programs and inserting such Federal, State, and local agencies and programs ; and (iv) by striking workforce investment system and inserting workforce development system ; (D) in subparagraph (D)— (i) in the matter preceding clause (i), by inserting , including pre-employment transition services, before under this title ; (ii) in clause (i), by inserting , which may be provided using alternative means for meeting participation (such as video conferences and conference calls), after consultation and technical assistance ; and (iii) in clause (ii), by striking completion and inserting implementation ; (E) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (H), respectively; (F) by inserting after subparagraph (D) the following: (E) Coordination with employers The State plan shall describe how the designated State unit will work with employers to identify competitive integrated employment opportunities and career exploration opportunities, in order to facilitate the provision of— (i) vocational rehabilitation services; and (ii) transition services for youth with disabilities and students with disabilities, such as pre-employment transition services. ; (G) in subparagraph (F), as redesignated by subparagraph (E) of this paragraph— (i) by inserting chapter 1 of after part C of ; and (ii) by inserting , as appropriate before the period; (H) by inserting after subparagraph (F), as redesignated by subparagraph (E) of this paragraph, the following: (G) Cooperative agreement regarding individuals eligible for home and community-based waiver programs The State plan shall include an assurance that the designated State unit has entered into a formal cooperative agreement with the State agency responsible for administering the State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) and the State agency with primary responsibility for providing services and supports for individuals with intellectual disabilities and individuals with developmental disabilities, with respect to the delivery of vocational rehabilitation services, including extended services, for individuals with the most significant disabilities who have been determined to be eligible for home and community-based services under a Medicaid waiver, Medicaid State plan amendment, or other authority related to a State Medicaid program. ; (I) in subparagraph (H), as redesignated by subparagraph (E) of this paragraph— (i) in clause (ii)— (I) by inserting on or before near ; and (II) by striking and at the end; (ii) by redesignating clause (iii) as clause (iv); and (iii) by inserting after clause (ii) the following: (iii) strategies for the provision of transition planning, by personnel of the designated State unit, the State educational agency, and the recipient of funds under part C, that will facilitate the development and approval of the individualized plans for employment under section 102; and ; and (J) by adding at the end the following: (I) Coordination with assistive technology programs The State plan shall include an assurance that the designated State unit, and the lead agency and implementing entity (if any) designated by the Governor of the State under section 4 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003 ), have developed working relationships and will enter into agreements for the coordination of their activities, including the referral of individuals with disabilities to programs and activities described in that section. (J) Coordination with ticket to work and self-sufficiency program The State plan shall include an assurance that the designated State unit will coordinate activities with any other State agency that is functioning as an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act ( 42 U.S.C. 1320b–19 ). (K) Interagency cooperation The State plan shall describe how the designated State agency or agencies (if more than 1 agency is designated under paragraph (2)(A)) will collaborate with the State agency responsible for administering the State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), the State agency responsible for providing services for individuals with developmental disabilities, and the State agency responsible for providing mental health services, to develop opportunities for community-based employment in integrated settings, to the greatest extent practicable. ; (8) in paragraph (14)— (A) in the paragraph header, by striking Annual and inserting Semiannual ; (B) in subparagraph (A)— (i) by striking an annual and inserting a semiannual ; (ii) by striking has achieved an employment outcome and inserting is employed ; (iii) by striking achievement of the outcome and all that follows through representative) and inserting beginning of such employment, and annually thereafter ; (iv) by striking to competitive and all that follows and inserting the following: to competitive integrated employment or training for competitive integrated employment; ; (C) in subparagraph (B), by striking and at the end; (D) in subparagraph (C), by striking the individuals described and all that follows and inserting individuals described in subparagraph (A) in attaining competitive integrated employment; and ; and (E) by adding at the end the following: (D) an assurance that the State will report the information generated under subparagraphs (A), (B), and (C), for each of the individuals, to the Administrator of the Wage and Hour Division of the Department of Labor for each fiscal year, not later than 60 days after the end of the fiscal year. ; (9) in paragraph (15)— (A) in subparagraph (A)— (i) in clause (i)— (I) in subclause (II), by striking and at the end; (II) in subclause (III)— (aa) by striking workforce investment system and inserting workforce development system ; and (bb) by adding and at the end; and (III) by adding at the end the following: (IV) youth with disabilities, and students with disabilities, including their need for pre-employment transition services or other transition services; ; (ii) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (iii) by inserting after clause (i) the following: (ii) include an assessment of the needs of individuals with disabilities for transition services and pre-employment transition services, and the extent to which such services provided under this Act are coordinated with transition services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) in order to meet the needs of individuals with disabilities. ; (B) in subparagraph (B)— (i) in clause (ii)— (I) by striking part B of title VI and inserting title VI ; and (II) by striking and at the end; (ii) by redesignating clause (iii) as clause (iv); and (iii) by inserting after clause (ii) the following: (iii) the number of individuals who are eligible for services under this title, but are not receiving such services due to an order of selection; and ; and (C) in subparagraph (D)— (i) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively; (ii) by inserting after clause (ii) the following: (iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to postsecondary life (including the receipt of vocational rehabilitation services under this title, postsecondary education, employment, and pre-employment transition services); ; and (iii) in clause (vi), as redesignated by clause (i) of this subparagraph, by striking workforce investment system and inserting workforce development system ; (10) in paragraph (20), in subparagraphs (A) and (B)(i), by striking workforce investment system and inserting workforce development system ; (11) in paragraph (22), by striking part B of title VI and inserting title VI ; and (12) by adding at the end the following: (25) Services for students with disabilities The State plan shall provide an assurance that, with respect to students with disabilities, the State— (A) has developed and will implement— (i) strategies to address the needs identified in the assessments described in paragraph (15); and (ii) strategies to achieve the goals and priorities identified by the State, in accordance with paragraph (15), to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis; and (B) has developed and will implement strategies to provide pre-employment transition services. (26) Job growth and development The State plan shall provide an assurance describing how the State will utilize initiatives involving in-demand industry sectors or occupations under sections 106(c) and 108 of the Workforce Innovation and Opportunity Act to increase competitive integrated employment opportunities for individuals with disabilities. . (b) Approval Section 101(b) ( 29 U.S.C. 721(b) ) is amended to read as follows: (b) Submission; approval; modification The State plan for vocational rehabilitation services shall be subject to— (1) subsection (c) of section 102 of the Workforce Innovation and Opportunity Act, in a case in which that plan is a portion of the unified State plan described in that section 102; and (2) subsection (b), and paragraphs (1), (2), and (3) of subsection (c), of section 103 of such Act in a case in which that State plan for vocational rehabilitation services is a portion of the combined State plan described in that section 103. . (c) Construction Section 101 ( 29 U.S.C. 721 ) is amended by adding at the end the following: (c) Construction Nothing in this part shall be construed to reduce the obligation under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) of a local educational agency or any other agency to provide or pay for any transition services that are also considered special education or related services and that are necessary for ensuring a free appropriate public education to children with disabilities within the State involved. . 413. Eligibility and individualized plan for employment (a) Eligibility Section 102(a) ( 29 U.S.C. 722(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking is an and inserting has undergone an assessment for determining eligibility and vocational rehabilitation needs and as a result has been determined to be an ; (B) in subparagraph (B), by striking or regain employment. and inserting advance in, or regain employment that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. ; and (C) by adding at the end the following: For purposes of an assessment for determining eligibility and vocational rehabilitation needs under this Act, an individual shall be presumed to have a goal of an employment outcome. ; (2) in paragraph (2)— (A) in subparagraph (A)— (i) in the subparagraph header, by striking Demonstration and inserting Applicants ; and (ii) by striking , unless and all that follows and inserting a period; and (B) in subparagraph (B)— (i) in the subparagraph header, by striking Methods and inserting Responsibilities ; (ii) in the first sentence— (I) by striking In making the demonstration required under subparagraph (A), and inserting Prior to determining under this subsection that an applicant described in subparagraph (A) is unable to benefit due to the severity of the individual's disability or that the individual is ineligible for vocational rehabilitation services, ; and (II) by striking , except under and all that follows and inserting a period; and (iii) in the second sentence, by striking individual or to determine and all that follows and inserting individual. In providing the trial experiences, the designated State unit shall provide the individual with the opportunity to try different employment experiences, including supported employment, and the opportunity to become employed in competitive integrated employment. ; (3) in paragraph (3)(A)(ii), by striking outcome from and all that follows and inserting outcome due to the severity of the individual's disability (as of the date of the determination). ; and (4) in paragraph (5)— (A) in the matter preceding subparagraph (A)— (i) by striking If an individual and inserting If, after the designated State unit carries out the activities described in paragraph (2)(B), a review of existing data, and, to the extent necessary, the assessment activities described in section 7(2)(A)(ii), an individual ; and (ii) by striking title is determined and all that follows through not to be and inserting title is determined not to be ; (B) by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively; (C) by inserting before subparagraph (B), as redesignated by subparagraph (B) of this paragraph, the following: (A) the ineligibility determination shall be an individualized one, based on the available data, and shall not be based on assumptions about broad categories of disabilities; ; and (D) in clause (i) of subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by inserting after determination the following: , including the clear and convincing evidence that forms the basis for the determination of ineligibility . (b) Development of an individualized plan for employment, and related information Section 102(b) ( 29 U.S.C. 722(b) ) is amended— (1) in paragraph (1)(A)— (A) by striking , to the extent determined to be appropriate by the eligible individual, ; and (B) by inserting or, as appropriate, a disability advocacy organization after counselor ; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (3) by inserting after paragraph (1) the following: (2) Individuals desiring to enter the workforce For an individual entitled to benefits under title II or XVI of the Social Security Act ( 42 U.S.C. 401 et seq. , 1381 et seq.) on the basis of a disability or blindness, the designated State unit shall provide to the individual general information on additional supports and assistance for individuals with disabilities desiring to enter the workforce, including assistance with benefits planning. ; (4) in paragraph (3), as redesignated by paragraph (2) of this subsection— (A) in subparagraph (E)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iii) amended, as necessary, to include the postemployment services and service providers that are necessary for the individual to maintain or regain employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. ; and (B) by adding at the end the following: (F) Timeframe for completing the individualized plan for employment The individualized plan for employment shall be developed as soon as possible, but not later than a deadline of 90 days after the date of the determination of eligibility described in paragraph (1), unless the designated State unit and the eligible individual agree to an extension of that deadline to a specific date by which the individualized plan for employment shall be completed. ; and (5) in paragraph (4), as redesignated by paragraph (2) of this subsection— (A) in subparagraph (A), by striking choice of the and all that follows and inserting choice of the eligible individual, consistent with the general goal of competitive integrated employment (except that in the case of an eligible individual who is a student, the description may be a description of the student's projected postschool employment outcome); ; (B) in subparagraph (B)(i)— (i) by redesignating subclause (II) as subclause (III); and (ii) by striking subclause (I) and inserting the following: (I) needed to achieve the employment outcome, including, as appropriate— (aa) the provision of assistive technology devices and assistive technology services (including referrals described in section 103(a)(3) to the device reutilization programs and demonstrations described in subparagraphs (B) and (D) of section 4(e)(2) of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003(e)(2) ) through agreements developed under section 101(a)(11)(I); and (bb) personal assistance services (including training in the management of such services); (II) in the case of a plan for an eligible individual that is a student, the specific transition services and supports needed to achieve the student's employment outcome or projected postschool employment outcome; and ; (C) in subparagraph (F), by striking and at the end; (D) in subparagraph (G), by striking the period and inserting ; and ; and (E) by adding at the end the following: (H) for an individual who also is receiving assistance from an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act ( 42 U.S.C. 1320b–19 ), a description of how responsibility for service delivery will be divided between the employment network and the designated State unit. . (c) Procedures Section 102(c) ( 29 U.S.C. 722(c) ) is amended— (1) in paragraph (1), by adding at the end the following: The procedures shall allow an applicant or an eligible individual the opportunity to request mediation, an impartial due process hearing, or both procedures. ; (2) in paragraph (2)(A)— (A) in clause (ii), by striking and at the end; (B) in clause (iii), by striking the period and inserting ; and ; and (C) by adding at the end the following: (iv) any applicable State limit on the time by which a request for mediation under paragraph (4) or a hearing under paragraph (5) shall be made, and any required procedure by which the request shall be made. ; and (3) in paragraph (5)— (A) by striking subparagraph (A) and inserting the following: (A) Officer A due process hearing described in paragraph (2) shall be conducted by an impartial hearing officer who, on reviewing the evidence presented, shall issue a written decision based on the provisions of the approved State plan, requirements specified in this Act (including regulations implementing this Act), and State regulations and policies that are consistent with the Federal requirements specified in this title. The officer shall provide the written decision to the applicant or eligible individual, or, as appropriate, the applicant’s representative or individual’s representative, and to the designated State unit. The impartial hearing officer shall have the authority to render a decision and require actions regarding the applicant's or eligible individual's vocational rehabilitation services under this title. ; and (B) in subparagraph (B), by striking in laws and inserting about Federal laws . 414. Vocational rehabilitation services Section 103 ( 29 U.S.C. 723 ) is amended— (1) in subsection (a)— (A) in paragraph (13), by striking workforce investment system and inserting workforce development system ; (B) by striking paragraph (15) and inserting the following: (15) transition services for students with disabilities, that facilitate the transition from school to postsecondary life, such as achievement of an employment outcome in competitive integrated employment, or pre-employment transition services; ; (C) by redesignating paragraphs (17) and (18) as paragraphs (19) and (20), respectively; and (D) by inserting after paragraph (16) the following: (17) customized employment; (18) encouraging qualified individuals who are eligible to receive services under this title to pursue advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business; . (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking (A) ; and (II) by striking the second sentence and inserting Such programs shall be used to provide services described in this section that promote integration into the community and that prepare individuals with disabilities for competitive integrated employment, including supported employment and customized employment. ; and (ii) by striking subparagraph (B); (B) by striking paragraph (5) and inserting the following: (5) Technical assistance to businesses that are seeking to employ individuals with disabilities. ; and (C) by striking paragraph (6) and inserting the following: (6) Consultation and technical assistance services to assist State educational agencies and local educational agencies in planning for the transition of students with disabilities from school to postsecondary life, including employment. (7) Transition services to youth with disabilities and students with disabilities, for which a vocational rehabilitation counselor works in concert with educational agencies, providers of job training programs, providers of services under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), entities designated by the State to provide services for individuals with developmental disabilities, centers for independent living (as defined in section 702), housing and transportation authorities, workforce development systems, and businesses and employers. (8) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ) to promote access to assistive technology for individuals with disabilities and employers. (9) Support (including, as appropriate, tuition) for advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business, provided after an individual eligible to receive services under this title, demonstrates— (A) such eligibility; (B) previous completion of a bachelor's degree program at an institution of higher education or scheduled completion of such degree program prior to matriculating in the program for which the individual proposes to use the support; and (C) acceptance by a program at an institution of higher education in the United States that confers a master’s degree in a science, technology, engineering, or mathematics (including computer science) field, a juris doctor degree, a master of business administration degree, or a doctor of medicine degree, except that the limitations of subsection (a)(5) that apply to training services shall apply to support described in this paragraph, and nothing in this paragraph shall prevent any designated State unit from providing similar support to individuals with disabilities within the State who are eligible to receive support under this title and who are not served under this paragraph. . 415. State Rehabilitation Council Section 105 ( 29 U.S.C. 725 ) is amended— (1) in subsection (b)(1)(A)— (A) by striking clause (ix) and inserting the following: (ix) in a State in which one or more projects are funded under section 121, at least one representative of the directors of the projects located in such State; ; and (B) in clause (xi), by striking State workforce investment board and inserting State workforce development board ; and (2) in subsection (c)— (A) in the matter preceding paragraph (1), by striking State workforce investment board and inserting State workforce development board ; and (B) in paragraph (6), by striking Service Act and all that follows and inserting Service Act ( 42 U.S.C. 300x–3(a) ) and the State workforce development board, and with the activities of entities carrying out programs under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ); . 416. Evaluation standards and performance indicators Section 106 ( 29 U.S.C. 726 ) is amended— (1) by striking subsection (a) and inserting the following: (a) In general (1) Standards and indicators The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this title shall be subject to the performance accountability provisions described in section 116(b) of the Workforce Innovation and Opportunity Act. (2) Additional performance accountability indicators A State may establish and provide information on additional performance accountability indicators, which shall be identified in the State plan submitted under section 101. ; and (2) in subsection (b)(2)(B)(i), by striking review the program and all that follows through request the State and inserting on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State . 417. Monitoring and review (a) In general Section 107 ( 29 U.S.C. 727 ) is amended— (1) in subsection (a)— (A) in paragraph (3)(E), by inserting before the period the following: , including personnel of a client assistance program under section 112, and past or current recipients of vocational rehabilitation services ; and (B) in paragraph (4)— (i) by striking subparagraphs (A) and (B) and inserting the following: (A) the eligibility process, including the process related to the determination of ineligibility under section 102(a)(5); (B) the provision of services, including supported employment services and pre-employment transition services, and, if applicable, the order of selection; ; (ii) in subparagraph (C), by striking and at the end; (iii) by redesignating subparagraph (D) as subparagraph (E); and (iv) by inserting after subparagraph (C) the following: (D) data reported under section 101(a)(10)(C)(i); and ; and (2) in subsection (b)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period and inserting ; and ; and (C) by adding at the end the following: (3) provide technical assistance to programs under this title to— (A) promote high-quality employment outcomes for individuals with disabilities; (B) integrate veterans who are individuals with disabilities into their communities and to support the veterans to obtain and retain competitive integrated employment; (C) develop, improve, and disseminate information on procedures, practices, and strategies, including for the preparation of personnel, to better enable individuals with intellectual disabilities and other individuals with disabilities to participate in postsecondary educational experiences and to obtain and retain competitive integrated employment; and (D) apply evidence-based findings to facilitate systemic improvements in the transition of youth with disabilities to postsecondary life. . (b) Technical amendment Section 108(a) ( 29 U.S.C. 728(a) ) is amended by striking part B of title VI and inserting title VI . 418. Training and services for employers Section 109 ( 29 U.S.C. 728a ) is amended to read as follows: 109. Training and services for employers A State may expend payments received under section 111 to educate and provide services to employers who have hired or are interested in hiring individuals with disabilities under programs carried out under this title, including— (1) providing training and technical assistance to employers regarding the employment of individuals with disabilities, including disability awareness, and the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) and other employment-related laws; (2) working with employers to— (A) provide opportunities for work-based learning experiences (including internships, short-term employment, apprenticeships, and fellowships), and opportunities for pre-employment transition services; (B) recruit qualified applicants who are individuals with disabilities; (C) train employees who are individuals with disabilities; and (D) promote awareness of disability-related obstacles to continued employment; (3) providing consultation, technical assistance, and support to employers on workplace accommodations, assistive technology, and facilities and workplace access through collaboration with community partners and employers, across States and nationally, to enable the employers to recruit, job match, hire, and retain qualified individuals with disabilities who are recipients of vocational rehabilitation services under this title, or who are applicants for such services; and (4) assisting employers with utilizing available financial support for hiring or accommodating individuals with disabilities. . 419. State allotments Section 110 ( 29 U.S.C. 730 ) is amended— (1) in subsection (a)(1), by striking Subject to the provisions of subsection (c) and inserting Subject to the provisions of subsections (c) and (d), ; (2) in subsection (c)— (A) in paragraph (1), by striking 1987 and inserting 2015 ; and (B) in paragraph (2)— (i) by striking Secretary and all that follows through (B) and inserting Secretary, ; and (ii) by striking 2000 through 2003 and inserting 2015 through 2020 ; and (3) by adding at the end the following: (d) (1) From any State allotment under subsection (a) for a fiscal year, the State shall reserve not less than 15 percent of the allotted funds for the provision of pre-employment transition services. (2) Such reserved funds shall not be used to pay for the administrative costs of providing pre-employment transition services. . 420. Payments to States Section 111(a)(2)(B) ( 29 U.S.C. 731(a)(2)(B) ) is amended— (1) by striking For fiscal year 1994 and each fiscal year thereafter, the and inserting The ; (2) by striking this title for the previous and inserting this title for any previous ; and (3) by striking year preceding the previous and inserting year preceding that previous . 421. Client assistance program Section 112 ( 29 U.S.C. 732 ) is amended— (1) in subsection (a), in the first sentence, by inserting including under sections 113 and 511, after all available benefits under this Act, ; (2) in subsection (b), by striking not later than October 1, 1984, ; (3) in subsection (e)(1)— (A) in subparagraph (A), by striking The Secretary shall allot and inserting After reserving funds under subparagraphs (E) and (F), the Secretary shall allot the remainder of ; and (B) by adding at the end the following: (E) (i) The Secretary shall reserve funds appropriated under subsection (h) to make a grant to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. The amount of such a grant shall be the same amount as is provided to a territory under this subsection. (ii) In this subparagraph: (I) The term American Indian Consortium has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (II) The term protection and advocacy system means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ). (F) For any fiscal year for which the amount appropriated under subsection (h) equals or exceeds $14,000,000, the Secretary may reserve not less than 1.8 percent and not more than 2.2 percent of such amount to provide a grant for training and technical assistance for the programs established under this section. Such training and technical assistance shall be coordinated with activities provided under section 509(c)(1)(A). ; and (4) by striking subsection (h) and inserting the following: (h) There are authorized to be appropriated to carry out the provisions of this section— (1) $12,000,000 for fiscal year 2015; (2) $12,927,000 for fiscal year 2016; (3) $13,195,000 for fiscal year 2017; (4) $13,488,000 for fiscal year 2018; (5) $13,805,000 for fiscal year 2019; and (6) $14,098,000 for fiscal year 2020. . 422. Pre-employment transition services Part B of title I ( 29 U.S.C. 730 et seq. ) is further amended by adding at the end the following: 113. Provision of pre-employment transition services (a) In general From the funds reserved under section 110(d), and any funds made available from State, local, or private funding sources, each State shall ensure that the designated State unit, in collaboration with the local educational agencies involved, shall provide, or arrange for the provision of, pre-employment transition services for all students with disabilities in need of such services who are eligible or potentially eligible for services under this title. (b) Required activities Funds available under subsection (a) shall be used to make available to students with disabilities described in subsection (a)— (1) job exploration counseling; (2) work-based learning experiences, which may include in-school or after school opportunities, or experience outside the traditional school setting (including internships), that is provided in an integrated environment to the maximum extent possible; (3) counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education; (4) workplace readiness training to develop social skills and independent living; and (5) instruction in self-advocacy, which may include peer mentoring. (c) Authorized activities Funds available under subsection (a) and remaining after the provision of the required activities described in subsection (b) may be used to improve the transition of students with disabilities described in subsection (a) from school to postsecondary education or an employment outcome by— (1) implementing effective strategies to increase the likelihood of independent living and inclusion in communities and competitive integrated workplaces; (2) developing and improving strategies for individuals with intellectual disabilities and individuals with significant disabilities to live independently, participate in postsecondary education experiences, and obtain and retain competitive integrated employment; (3) providing instruction to vocational rehabilitation counselors, school transition personnel, and other persons supporting students with disabilities; (4) disseminating information about innovative, effective, and efficient approaches to achieve the goals of this section; (5) coordinating activities with transition services provided by local educational agencies under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (6) applying evidence-based findings to improve policy, procedure, practice, and the preparation of personnel, in order to better achieve the goals of this section; (7) developing model transition demonstration projects; (8) establishing or supporting multistate or regional partnerships involving States, local educational agencies, designated State units, developmental disability agencies, private businesses, or other participants to achieve the goals of this section; and (9) disseminating information and strategies to improve the transition to postsecondary activities of individuals who are members of traditionally unserved populations. (d) Pre-Employment transition coordination Each local office of a designated State unit shall carry out responsibilities consisting of— (1) attending individualized education program meetings for students with disabilities, when invited; (2) working with the local workforce development boards, one-stop centers, and employers to develop work opportunities for students with disabilities, including internships, summer employment and other employment opportunities available throughout the school year, and apprenticeships; (3) work with schools, including those carrying out activities under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(A)(i)(VIII) ), to coordinate and ensure the provision of pre-employment transition services under this section; and (4) when invited, attend person-centered planning meetings for individuals receiving services under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (e) National pre-employment transition coordination The Secretary shall support designated State agencies providing services under this section, highlight best State practices, and consult with other Federal agencies to advance the goals of this section. (f) Support In carrying out this section, States shall address the transition needs of all students with disabilities, including such students with physical, sensory, intellectual, and mental health disabilities. . 423. American Indian vocational rehabilitation services Section 121 ( 29 U.S.C. 741 ) is amended— (1) in subsection (a), in the first sentence, by inserting before the period the following: (referred to in this section as eligible individuals ), consistent with such eligible individuals' strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employment that will increase opportunities for economic self-sufficiency ; (2) in subsection (b)(1)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period and inserting ; and ; and (C) by adding at the end the following: (D) contains assurances that— (i) all decisions affecting eligibility for vocational rehabilitation services, the nature and scope of available vocational rehabilitation services and the provision of such services will, consistent with this title, be made by a representative of the tribal vocational rehabilitation program funded through the grant; and (ii) such decisions will not be delegated to another agency or individual. ; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following: (c) (1) From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2015, the Commissioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide training and technical assistance to governing bodies described in subsection (a) for such fiscal year. (2) From the funds reserved under paragraph (1), the Commissioner shall make grants to, or enter into contracts or other cooperative agreements with, entities that have experience in the operation of vocational rehabilitation services programs under this section to provide such training and technical assistance with respect to developing, conducting, administering, and evaluating such programs. (3) The Commissioner shall conduct a survey of the governing bodies regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, or cooperative agreements. (4) To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, such an entity shall submit an application to the Commissioner at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the Commissioner may require. The Commissioner shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the operation of vocational rehabilitation services programs under this section. . 424. Vocational rehabilitation services client information Section 131(a)(2) ( 29 U.S.C. 751(a)(2) ) is amended by striking title I of the Workforce Investment Act of 1998 and inserting title I of the Workforce Innovation and Opportunity Act . C Research and Training 431. Purpose Section 200 ( 29 U.S.C. 760 ) is amended— (1) in paragraph (1), by inserting technical assistance, after training, ; (2) in paragraph (2), by inserting technical assistance, after training, ; (3) in paragraph (3), in the matter preceding subparagraph (A)— (A) by inserting and use after transfer ; and (B) by inserting , in a timely and efficient manner, after disabilities ; and (4) in paragraph (4), by striking distribution and inserting dissemination ; (5) in paragraph (5)— (A) by inserting , including individuals with intellectual and psychiatric disabilities, after disabilities ; and (B) by striking and after the semicolon; (6) by redesignating paragraph (6) as paragraph (7); (7) by inserting after paragraph (5) the following: (6) identify strategies for effective coordination of services to job seekers with disabilities available through programs of one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act; ; (8) in paragraph (7), as redesignated by paragraph (6), by striking the period and inserting ; and ; and (9) by adding at the end the following: (8) identify effective strategies for supporting the employment of individuals with disabilities in competitive integrated employment. . 432. Authorization of appropriations Section 201 ( 29 U.S.C. 761 ) is amended to read as follows: 201. Authorization of appropriations There are authorized to be appropriated to carry out this title $103,970,000 for fiscal year 2015, $112,001,000 for fiscal year 2016, $114,325,000 for fiscal year 2017, $116,860,000 for fiscal year 2018, $119,608,000 for fiscal year 2019, and $122,143,000 for fiscal year 2020. . 433. National Institute on Disability, Independent Living, and Rehabilitation Research Section 202 ( 29 U.S.C. 762 ) is amended— (1) in the section heading, by inserting , Independent Living, after Disability ; (2) in subsection (a)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking Department of Education and all that follows through which and inserting Administration for Community Living of the Department of Health and Human Services a National Institute on Disability, Independent Living, and Rehabilitation Research (referred to in this title as the Institute ), which ; and (ii) in subparagraph (A)— (I) in clause (ii), by striking and training; and and inserting , training, and technical assistance; ; (II) by redesignating clause (iii) as clause (iv); and (III) by inserting after clause (ii) the following: (iii) outreach and information that clarifies research implications for policy and practice; and ; and (B) in paragraph (2), by striking directly and all that follows through the period and inserting directly responsible to the Administrator for the Administration for Community Living of the Department of Health and Human Services. ; (3) in subsection (b)— (A) in paragraph (2), by striking subparagraph (B) and inserting the following: (B) private organizations engaged in research relating to— (i) independent living; (ii) rehabilitation; or (iii) providing rehabilitation or independent living services; ; (B) in paragraph (3), by striking in rehabilitation and inserting on disability, independent living, and rehabilitation ; (C) in paragraph (4)— (i) in the matter preceding subparagraph (A), by inserting education, health and wellness, after independent living, ; and (ii) by striking subparagraphs (A) through (D) and inserting the following: (A) public and private entities, including— (i) elementary schools and secondary schools (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); and (ii) institutions of higher education; (B) rehabilitation practitioners; (C) employers and organizations representing employers with respect to employment-based educational materials or research; (D) individuals with disabilities (especially such individuals who are members of minority groups or of populations that are unserved or underserved by programs under this Act); (E) the individuals' representatives for the individuals described in subparagraph (D); and (F) the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the Senate; ; (D) in paragraph (6)— (i) by striking advances in rehabilitation and inserting advances in disability, independent living, and rehabilitation ; and (ii) by inserting education, health and wellness, after employment, independent living, ; (E) by striking paragraph (7); (F) by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively; (G) in paragraph (7), as redesignated by subparagraph (F)— (i) by striking health, income, and inserting health and wellness, income, education, ; and (ii) by striking and evaluation of vocational and other and inserting and evaluation of independent living, vocational, and ; (H) in paragraph (8), as redesignated by subparagraph (F), by striking with vocational rehabilitation services for the purpose of identifying effective rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of long-term vocational goals and inserting with independent living and vocational rehabilitation services for the purpose of identifying effective independent living and rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of long-term independent living and employment goals ; and (I) in paragraph (9), as redesignated by subparagraph (F), by striking and telecommuting; and and inserting , supported employment (including customized employment), and telecommuting; and ; (4) in subsection (d)(1), by striking the second sentence and inserting the following: The Director shall be an individual with substantial knowledge of and experience in independent living, rehabilitation, and research administration. ; (5) in subsection (f)(1), by striking the second sentence and inserting the following: The scientific peer review shall be conducted by individuals who are not Department of Health and Human Services employees. The Secretary shall consider for peer review individuals who are scientists or other experts in disability, independent living, and rehabilitation, including individuals with disabilities and the individuals’ representatives, and who have sufficient expertise to review the projects. ; (6) in subsection (h)— (A) in paragraph (1)(A)— (i) by striking priorities for rehabilitation research, and inserting priorities for disability, independent living, and rehabilitation research, ; and (ii) by inserting dissemination, after training, ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking especially in the area of employment and inserting especially in the areas of employment and independent living ; (ii) in subparagraph (D)— (I) by striking developed by the Director and inserting coordinated with the strategic plan required under section 203(c) ; (II) in clause (i), by striking Rehabilitation and inserting Disability, Independent Living, and Rehabilitation ; (III) in clause (ii), by striking Commissioner and inserting Administrator ; and (IV) in clause (iv), by striking researchers in the rehabilitation field and inserting researchers in the independent living and rehabilitation fields ; (iii) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; (iv) by inserting after subparagraph (D) the following: (E) be developed by the Director; ; (v) in subparagraph (F), as redesignated by clause (iii), by inserting and information that clarifies implications of the results for practice, after covered activities, ; and (vi) in subparagraph (G), as redesignated by clause (iii), by inserting and information that clarifies implications of the results for practice after covered activities ; (7) in subsection (j), by striking paragraph (3); and (8) by striking subsection (k) and inserting the following: (k) The Director shall make grants to institutions of higher education for the training of independent living and rehabilitation researchers, including individuals with disabilities and traditionally underserved populations of individuals with disabilities, as described in section 21, with particular attention to research areas that— (1) support the implementation and objectives of this Act; and (2) improve the effectiveness of services authorized under this Act. (l) (1) Not later than December 31 of each year, the Director shall prepare, and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives, a report on the activities funded under this title. (2) The report under paragraph (1) shall include— (A) a compilation and summary of the information provided by recipients of funding for such activities under this title; (B) a summary describing the funding received under this title and the progress of the recipients of the funding in achieving the measurable goals described in section 204(d)(2); and (C) a summary of implications of research outcomes on practice. (m) (1) If the Director determines that an entity that receives funding under this title fails to comply with the applicable requirements of this Act, or to make progress toward achieving the measurable goals described in section 204(d)(2), with respect to the covered activities involved, the Director shall utilize available monitoring and enforcement measures. (2) As part of the annual report required under subsection (l), the Secretary shall describe each action taken by the Secretary under paragraph (1) and the outcomes of such action. . 434. Interagency committee Section 203 ( 29 U.S.C. 763 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking conducting rehabilitation research and inserting conducting disability, independent living, and rehabilitation research ; (ii) by striking chaired by the Director and inserting chaired by the Secretary, or the Secretary's designee, ; (iii) by inserting the Assistant Secretary of Labor for Disability Employment Policy, the Secretary of Defense, the Administrator of the Administration for Community Living, after Assistant Secretary for Special Education and Rehabilitative Services, ; and (iv) by striking and the Director of the National Science Foundation. and inserting the Director of the National Science Foundation and the Administrator of the Small Business Administration. ; and (B) in paragraph (2), by inserting , and for not less than 1 of such meetings at least every 2 years, the Committee shall invite policymakers, representatives from other Federal agencies conducting relevant research, individuals with disabilities, organizations representing individuals with disabilities, researchers, and providers, to offer input on the Committee’s work, including the development and implementation of the strategic plan required under subsection (c) after each year ; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking from targeted individuals and inserting individuals with disabilities ; and (ii) by inserting independent living and before rehabilitation ; and (B) in paragraph (2)— (i) in subparagraph (A), by inserting independent living research, after assistive technology research, ; (ii) in subparagraph (B), by inserting , independent living research, after technology research ; (iii) in subparagraph (D), by striking and research that incorporates the principles of universal design and inserting , independent living research, and research that incorporates the principles of universal design ; and (iv) in subparagraph (E), by striking and research that incorporates the principles of universal design. and inserting , independent living research, and research that incorporates the principles of universal design. ; (3) by striking subsection (d); (4) by redesignating subsection (c) as subsection (d); (5) by inserting after subsection (b) the following: (c) (1) The Committee shall develop a comprehensive government wide strategic plan for disability, independent living, and rehabilitation research. (2) The strategic plan shall include, at a minimum— (A) a description of the— (i) measurable goals and objectives; (ii) existing resources each agency will devote to carrying out the plan; (iii) timetables for completing the projects outlined in the plan; and (iv) assignment of responsible individuals and agencies for carrying out the research activities; (B) research priorities and recommendations; (C) a description of how funds from each agency will be combined, as appropriate, for projects administered among Federal agencies, and how such funds will be administered; (D) the development and ongoing maintenance of a searchable government wide inventory of disability, independent living, and rehabilitation research for trend and data analysis across Federal agencies; (E) guiding principles, policies, and procedures, consistent with the best research practices available, for conducting and administering disability, independent living, and rehabilitation research across Federal agencies; and (F) a summary of underemphasized and duplicative areas of research. (3) The strategic plan described in this subsection shall be submitted to the President and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. ; (6) in subsection (d), as redesignated by paragraph (4)— (A) in the matter preceding paragraph (1), by striking Committee on Labor and Human Resources of the Senate and inserting Committee on Health, Education, Labor, and Pensions of the Senate ; and (B) by striking paragraph (1) and inserting the following: (1) describes the progress of the Committee in fulfilling the duties described in subsections (b) and (c), and including specifically for subsection (c)— (A) a report of the progress made in implementing the strategic plan, including progress toward implementing the elements described in subsection (c)(2)(A); and (B) detailed budget information. ; and (7) in subsection (e), by striking paragraph (2) and inserting the following: (2) the term independent living , used in connection with research, means research on issues and topics related to attaining maximum self-sufficiency and function by individuals with disabilities, including research on assistive technology and universal design, employment, education, health and wellness, and community integration and participation. . 435. Research and other covered activities Section 204 ( 29 U.S.C. 764 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking pay and inserting fund ; (ii) by inserting have practical applications and before maximize ; and (iii) by striking employment, independent living, and inserting employment, education, independent living, health and wellness, ; (B) in paragraph (2)— (i) in subparagraph (A), by inserting and from which the research findings, conclusions, or recommendations can be transferred to practice after State agencies ; (ii) in subparagraph (B)— (I) by striking clause (ii) and inserting the following: (ii) studies and analyses of factors related to industrial, vocational, educational, employment, social, recreational, psychiatric, psychological, economic, and health and wellness variables affecting individuals with disabilities, including traditionally underserved populations as described in section 21, and how those variables affect such individuals' ability to live independently and their participation in the work force; ; (II) in clause (iii), by striking are homebound and all that follows and inserting have significant challenges engaging in community life outside their homes and individuals who are in institutional settings; ; (III) in clause (iv), by inserting , including the principles of universal design and the interoperability of products and services after disabilities ; (IV) in clause (v), by inserting , and to promoting employment opportunities in competitive integrated employment after employment ; (V) in clause (vi), by striking and after the semicolon; (VI) in clause (vii), by striking and assistive technology. and inserting , assistive technology, and communications technology; and ; and (VII) by adding at the end the following: (viii) studies, analyses, and other activities affecting employment outcomes as defined in section 7(11), including self-employment and telecommuting, of individuals with disabilities. ; and (C) by adding at the end the following: (3) In carrying out this section, the Director shall emphasize covered activities that include plans for— (A) dissemination of high-quality materials, of scientifically valid research results, or of findings, conclusions, and recommendations resulting from covered activities, including through electronic means (such as the website of the Department of Health and Human Services), so that such information is available in a timely manner to the general public; or (B) the commercialization of marketable products, research results, or findings, resulting from the covered activities. ; (2) in subsection (b)— (A) in paragraph (1), by striking (18) both places the term appears and inserting (17) ; (B) in paragraph (2)— (i) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: (i) be operated in collaboration with institutions of higher education, providers of rehabilitation services, developers or providers of assistive technology devices, assistive technology services, or information technology devices or services, as appropriate, or providers of other appropriate services; and (ii) serve as centers of national excellence and national or regional resources for individuals with disabilities, as well as providers, educators, and researchers. ; (ii) in subparagraph (B)— (I) in clause (i)— (aa) by adding independent living and after research in ; (bb) by adding independent living and after will improve ; and (cc) by striking alleviate or stabilize and all that follows and inserting maximize health and function (including alleviating or stabilizing conditions, or preventing secondary conditions), and promote maximum social and economic independence of individuals with disabilities, including promoting the ability of the individuals to prepare for, secure, retain, regain, or advance in employment; ; (II) by redesignating clauses (ii), (iii), and (iv), as clauses (iii), (iv), and (v), respectively; (III) by inserting after clause (i) the following: (ii) conducting research in, and dissemination of, employer-based practices to facilitate the identification, recruitment, accommodation, advancement, and retention of qualified individuals with disabilities; ; (IV) in clause (iii), as redesignated by subclause (II), by inserting independent living and before rehabilitation services ; (V) in clause (iv), as redesignated by subclause (II)— (aa) by inserting independent living and before rehabilitation each place the term appears; and (bb) by striking and after the semicolon; and (VI) by striking clause (v), as redesignated by subclause (II), and inserting the following: (v) serving as an informational and technical assistance resource to individuals with disabilities, as well as to providers, educators, and researchers, by providing outreach and information that clarifies research implications for practice and identifies potential new areas of research; and (vi) developing practical applications for the research findings of the Centers. ; (iii) in subparagraph (C)— (I) in clause (i), by inserting , including research on assistive technology devices, assistive technology services, and accessible electronic and information technology devices after research ; (II) in clause (ii)— (aa) by striking and social and inserting , social, and economic ; and (bb) by inserting independent living and before rehabilitation ; and (III) by striking clauses (iii) and (iv); (IV) by redesignating clauses (v) and (vi) as clauses (iii) and (iv), respectively; (V) in clause (iii), as redesignated by subclause (IV), by striking to develop and all that follows and inserting that promotes the emotional, social, educational, and functional growth of children who are individuals with disabilities, as well as their integration in school, employment, and community activities; ; (VI) in clause (iv), as redesignated by subclause (IV), by striking that will improve and all that follows and inserting to develop and evaluate interventions, policies, and services that support families of those children and adults who are individuals with disabilities; ; and (VII) by adding at the end the following: (v) continuation of research that will improve services and policies that foster the independence and social integration of individuals with disabilities, and enable individuals with disabilities, including individuals with intellectual disabilities and other developmental disabilities, to live in their communities; and (vi) research, dissemination, and technical assistance, on best practices in vocational rehabilitation, including supported employment and other strategies to promote competitive integrated employment for persons with the most significant disabilities. ; (iv) by striking subparagraph (D) and inserting the following: (D) Training of students preparing to be independent living or rehabilitation personnel or to provide independent living, rehabilitative, assistive, or supportive services (such as rehabilitation counseling, personal care services, direct care, job coaching, aides in school based settings, or advice or assistance in utilizing assistive technology devices, assistive technology services, and accessible electronic and information technology devices and services) shall be an important priority for each such Center. ; (v) in subparagraph (E), by striking comprehensive ; (vi) in subparagraph (G)(i), by inserting independent living and before rehabilitation-related ; (vii) by striking subparagraph (I); and (viii) by redesignating subparagraphs (J) through (O) as subparagraphs (I) through (N), respectively; (C) in paragraph (3)— (i) in subparagraph (A), by inserting independent living strategies and before rehabilitation technology ; (ii) in subparagraph (B)— (I) in clause (i)(I), by inserting independent living and before rehabilitation problems ; (II) in clause (ii)(II), by striking employment and inserting educational, employment, ; and (III) in clause (iii)(II), by striking employment and inserting educational, employment, ; (iii) in subparagraph (D)(i)(II), by striking postschool and inserting postsecondary education, competitive integrated employment, and other age-appropriate ; and (iv) in subparagraph (G)(ii), by inserting the impact of any commercialized product researched or developed through the Center, after individuals with disabilities, ; (D) in paragraph (4)(B)— (i) in clause (i)— (I) by striking vocational and inserting independent living, employment, ; (II) by striking special and inserting unique ; and (III) by inserting social and functional needs, and before acute care ; and (ii) in clause (iv), by inserting education, health and wellness, after employment, ; (E) by striking paragraph (8) and inserting the following: (8) Grants may be used to conduct a program of joint projects with other administrations and offices of the Department of Health and Human Services, the National Science Foundation, the Department of Veterans Affairs, the Department of Defense, the Federal Communications Commission, the National Aeronautics and Space Administration, the Small Business Administration, the Department of Labor, other Federal agencies, and private industry in areas of joint interest involving rehabilitation. ; (F) by striking paragraphs (9) and (11); (G) by redesignating paragraphs (10), (12), (13), (14), (15), (16), (17), and (18), as paragraphs (9), (10), (11), (12), (13), (14), (15), and (16), respectively; (H) in paragraph (11), as redesignated by subparagraph (G)— (i) in the matter preceding subparagraph (A), by striking employment needs of individuals with disabilities, including and inserting employment needs, opportunities, and outcomes (including those relating to self-employment, supported employment, and telecommuting) of individuals with disabilities, including ; (ii) in subparagraph (B), by inserting and employment related after the employment ; (iii) in subparagraph (E), by striking and after the semicolon; (iv) in subparagraph (F), by striking the period at the end and inserting a semicolon; and (v) by adding at the end the following: (G) develop models to facilitate the successful transition of individuals with disabilities from nonintegrated employment and employment that is compensated at a wage less than the Federal minimum wage to competitive integrated employment; (H) develop models to maximize opportunities for integrated community living, including employment and independent living, for individuals with disabilities; (I) provide training and continuing education for personnel involved with community living for individuals with disabilities; (J) develop model procedures for testing and evaluating the community living related needs of individuals with disabilities; (K) develop model training programs to teach individuals with disabilities skills which will lead to integrated community living and full participation in the community; and (L) develop new approaches for long-term services and supports for individuals with disabilities, including supports necessary for competitive integrated employment. ; (I) in paragraph (12), as redesignated by subparagraph (G)— (i) in the matter preceding subparagraph (A), by inserting an independent living or after conduct ; (ii) in subparagraph (D), by inserting independent living or before rehabilitation ; and (iii) in the matter following subparagraph (E), by striking National Institute on Disability and Rehabilitation Research and inserting National Institute on Disability, Independent Living, and Rehabilitation Research ; (J) in paragraph (13), as redesignated by subparagraph (G), by inserting independent living and before rehabilitation needs ; and (K) in paragraph (14), as redesignated by subparagraph (G), by striking and access to gainful employment. and inserting , full participation, and economic self-sufficiency. ; and (3) by adding at the end the following: (d) (1) In awarding grants, contracts, or cooperative agreements under this title, the Director shall award the funding on a competitive basis. (2) (A) To be eligible to receive funds under this section for a covered activity, an entity described in subsection (a)(1) shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. (B) The application shall include information describing— (i) measurable goals, as established through section 1115 of title 31, United States Code, and a timeline and specific plan for meeting the goals, that the applicant has established; (ii) how the project will address 1 or more of the following: commercialization of a marketable product, technology transfer (if applicable), dissemination of any research results, and other priorities as established by the Director; and (iii) how the applicant will quantifiably measure the goals to determine whether such goals have been accomplished. (3) (A) In the case of an application for funding under this section to carry out a covered activity that results in the development of a marketable product, the application shall also include a commercialization and dissemination plan, as appropriate, containing commercialization and marketing strategies for the product involved, and strategies for disseminating information about the product. The funding received under this section shall not be used to carry out the commercialization and marketing strategies. (B) In the case of any other application for funding to carry out a covered activity under this section, the application shall also include a dissemination plan, containing strategies for disseminating educational materials, research results, or findings, conclusions, and recommendations, resulting from the covered activity. . 436. Disability, Independent Living, and Rehabilitation Research Advisory Council Section 205 ( 29 U.S.C. 765 ) is amended— (1) in the section heading, by inserting Disability, Independent Living, and before Rehabilitation ; (2) in subsection (a)— (A) by striking Department of Education a Rehabilitation Research Advisory Council and inserting Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council ; and (B) by inserting not less than after composed of ; (3) by striking subsection (c) and inserting the following: (c) Qualifications Members of the Council shall be generally representative of the community of disability, independent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services and independent living services carried out under this Act and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives. ; and (4) in subsection (g), by striking Department of Education and inserting Department of Health and Human Services . 437. Definition of covered school Title II ( 29 U.S.C. 760 et seq. ) is amended by adding at the end the following: 206. Definition of covered school In this title, the term covered school means an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or an institution of higher education. . D Professional Development and Special Projects and Demonstration 441. Purpose; training (a) Purpose Section 301(a) ( 29 U.S.C. 771(a) ) is amended— (1) in paragraph (2), by inserting and after the semicolon; (2) by striking paragraphs (3) and (4); (3) by redesignating paragraph (5) as paragraph (3); and (4) in paragraph (3), as redesignated by paragraph (3), by striking workforce investment systems and inserting workforce development systems . (b) Training Section 302 ( 29 U.S.C. 772 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (E), by striking all after deliver and inserting supported employment services and customized employment services to individuals with the most significant disabilities; ; (ii) in subparagraph (F), by striking and after the semicolon; (iii) in subparagraph (G), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (H) personnel trained in providing assistive technology services. ; (B) in paragraph (4)— (i) in the matter preceding subparagraph (A), by striking title I of the Workforce Investment Act of 1998 and inserting subtitle B of title I of the Workforce Innovation and Opportunity Act ; (ii) in subparagraph (A), by striking workforce investment system and inserting workforce development system ; and (iii) in subparagraph (B), by striking section 134(c) of the Workforce Investment Act of 1998. and inserting section 121(e) of the Workforce Innovation and Opportunity Act. ; and (C) in paragraph (5), by striking title I of the Workforce Investment Act of 1998 and inserting subtitle B of title I of the Workforce Innovation and Opportunity Act ; (2) in subsection (b)(1)(B)(i), by striking or prosthetics and orthotics and inserting prosthetics and orthotics, vision rehabilitation therapy, orientation and mobility instruction, or low vision therapy ; (3) in subsection (g)— (A) in the subsection heading, by striking and In-Service Training ; (B) in paragraph (1), by adding after the period the following: Any technical assistance provided to community rehabilitation programs shall be focused on the employment outcome of competitive integrated employment for individuals with disabilities. ; and (C) by striking paragraph (3); (4) in subsection (h), by striking section 306 and inserting section 304 ; and (5) in subsection (i), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003. and inserting $33,657,000 for fiscal year 2015, $36,257,000 for fiscal year 2016, $37,009,000 for fiscal year 2017, $37,830,000 for fiscal year 2018, $38,719,000 for fiscal year 2019, and $39,540,000 for fiscal year 2020. . 442. Demonstration, training, and technical assistance programs Section 303 ( 29 U.S.C. 773 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking section 306 and inserting section 304 ; (B) in paragraph (3)(A), by striking National Institute on Disability and Rehabilitation Research and inserting National Institute on Disability, Independent Living, and Rehabilitation Research ; (C) in paragraph (5)— (i) in subparagraph (A)— (I) by striking clause (i) and inserting the following: (i) initiatives focused on improving transition from education, including postsecondary education, to employment, particularly in competitive integrated employment, for youth who are individuals with significant disabilities; ; and (II) by striking clause (iii) and inserting the following: (iii) increasing competitive integrated employment for individuals with significant disabilities. ; and (ii) in subparagraph (B)(viii), by striking under title I of the Workforce Investment Act of 1998 and inserting under subtitle B of title I of the Workforce Innovation and Opportunity Act ; and (D) by striking paragraph (6); (2) in subsection (c)— (A) in paragraph (2)— (i) in subparagraph (E), by striking and after the semicolon; (ii) by redesignating subparagraph (F) as subparagraph (G); and (iii) by inserting after subparagraph (E) the following: (F) to provide support and guidance in helping individuals with significant disabilities, including students with disabilities, transition to competitive integrated employment; and ; (B) in paragraph (4)— (i) in subparagraph (A)(ii)— (I) by inserting the after closely with ; and (II) by inserting , the community parent resource centers established pursuant to section 672 of such Act, and the eligible entities receiving awards under section 673 of such Act after Individuals with Disabilities Education Act ; and (ii) in subparagraph (C), by inserting , and demonstrate the capacity for serving, after shall serve ; and (C) by adding at the end the following: (8) Reservation From the amount appropriated to carry out this section for a fiscal year, 20 percent of such amount or $500,000, whichever is less, may be reserved to carry out paragraph (6). ; and (3) by striking subsection (e) and inserting the following: (e) Authorization of appropriations For the purpose of carrying out this section there are authorized to be appropriated $5,796,000 for fiscal year 2015, $6,244,000 for fiscal year 2016, $6,373,000 for fiscal year 2017, $6,515,000 for fiscal year 2018, $6,668,000 for fiscal year 2019, and $6,809,000 for fiscal year 2020. . 443. Migrant and seasonal farmworkers; recreational programs The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is amended— (1) by striking sections 304 and 305; (2) by redesignating section 306 as section 304. E National Council on Disability 451. Establishment Section 400 ( 29 U.S.C. 780 ) is amended— (1) in subsection (a)(1)— (A) by redesignating subparagraph (C) as subparagraph (D); (B) by striking subparagraphs (A) and (B) and inserting the following: (A) There is established within the Federal Government a National Council on Disability (referred to in this title as the National Council ), which, subject to subparagraph (B), shall be composed of 9 members, of which— (i) 5 shall be appointed by the President; (ii) 1 shall be appointed by the Majority Leader of the Senate; (iii) 1 shall be appointed by the Minority Leader of the Senate; (iv) 1 shall be appointed by the Speaker of the House of Representatives; and (v) 1 shall be appointed by the Minority Leader of the House of Representatives. (B) The National Council shall transition from 15 members (as of the date of enactment of the Workforce Innovation and Opportunity Act) to 9 members as follows: (i) On the first 4 expirations of National Council terms (after that date), replacement members shall be appointed to the National Council in the following order and manner: (I) 1 shall be appointed by the Majority Leader of the Senate. (II) 1 shall be appointed by the Minority Leader of the Senate. (III) 1 shall be appointed by the Speaker of the House of Representatives. (IV) 1 shall be appointed by the Minority Leader of the House of Representatives. (ii) On the next 6 expirations of National Council terms (after the 4 expirations described in clause (i) occur), no replacement members shall be appointed to the National Council. (C) For any vacancy on the National Council that occurs after the transition described in subparagraph (B), the vacancy shall be filled in the same manner as the original appointment was made. ; and (C) in subparagraph (D), as redesignated by subparagraph (A) of this paragraph, in the first sentence— (i) by inserting national leaders on disability policy, after guardians of individuals with disabilities, ; and (ii) by striking policy or programs and inserting policy or issues that affect individuals with disabilities ; (2) in subsection (b), by striking , except and all that follows and inserting a period; and (3) in subsection (d), by striking Eight and inserting Five . 452. Report Section 401 ( 29 U.S.C. 781 ) is amended— (1) in paragraphs (1) and (3) of subsection (a), by striking National Institute on Disability and Rehabilitation Research and inserting National Institute on Disability, Independent Living, and Rehabilitation Research ; and (2) by striking subsection (c). 453. Authorization of appropriations Section 405 ( 29 U.S.C. 785 ) is amended by striking such sums as may be necessary for each of the fiscal years 1999 through 2003. and inserting $3,186,000 for fiscal year 2015, $3,432,000 for fiscal year 2016, $3,503,000 for fiscal year 2017, $3,581,000 for fiscal year 2018, $3,665,000 for fiscal year 2019, and $3,743,000 for fiscal year 2020. . F Rights and advocacy 456. Interagency Committee, Board, and Council (a) Interagency committee Section 501 ( 29 U.S.C. 791 ) is amended— (1) by striking subsection (f); and (2) by redesignating subsection (g) as subsection (f). (b) Architectural and transportation barriers compliance board Section 502(j) ( 29 U.S.C. 792(j) ) is amended by striking such sums as may be necessary for each of the fiscal years 1999 through 2003. and inserting $7,448,000 for fiscal year 2015, $8,023,000 for fiscal year 2016, $8,190,000 for fiscal year 2017, $8,371,000 for fiscal year 2018, $8,568,000 for fiscal year 2019, and $8,750,000 for fiscal year 2020. . (c) Program or activity Section 504(b)(2)(B) ( 29 U.S.C. 794(b)(2)(B) ) is amended by striking vocational education and inserting career and technical education . (d) Interagency Disability Coordinating Council Section 507(a) ( 29 U.S.C. 794c(a) ) is amended by inserting the Chairperson of the National Council on Disability, before and such other . 457. Protection and advocacy of individual rights Section 509 ( 29 U.S.C. 794e ) is amended— (1) in subsection (c)(1)(A), by inserting a grant, contract, or cooperative agreement for before training ; (2) in subsection (f)(2)— (A) by striking general and all that follows through records and inserting general authorities, including the authority to access records ; and (B) by inserting of title I after subtitle C ; and (3) in subsection (l), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003. and inserting $17,650,000 for fiscal year 2015, $19,013,000 for fiscal year 2016, $19,408,000 for fiscal year 2017, $19,838,000 for fiscal year 2018, $20,305,000 for fiscal year 2019, and $20,735,000 for fiscal year 2020. . 458. Limitations on use of subminimum wage (a) In general Title V ( 29 U.S.C. 791 et seq. ) is amended by adding at the end the following: 511. Limitations on use of subminimum wage (a) In general No entity, including a contractor or subcontractor of the entity, which holds a special wage certificate as described in section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ) may compensate an individual with a disability who is age 24 or younger at a wage (referred to in this section as a subminimum wage ) that is less than the Federal minimum wage unless 1 of the following conditions is met: (1) The individual is currently employed, as of the effective date of this section, by an entity that holds a valid certificate pursuant to section 14(c) of the Fair Labor Standards Act of 1938. (2) The individual, before beginning work that is compensated at a subminimum wage, has completed, and produces documentation indicating completion of, each of the following actions: (A) The individual has received pre-employment transition services that are available to the individual under section 113, or transition services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) such as transition services available to the individual under section 614(d) of that Act ( 20 U.S.C. 1414(d) ). (B) The individual has applied for vocational rehabilitation services under title I, with the result that— (i) (I) the individual has been found ineligible for such services pursuant to that title and has documentation consistent with section 102(a)(5)(C) regarding the determination of ineligibility; or (II) (aa) the individual has been determined to be eligible for vocational rehabilitation services; (bb) the individual has an individualized plan for employment under section 102; (cc) the individual has been working toward an employment outcome specified in such individualized plan for employment, with appropriate supports and services, including supported employment services, for a reasonable period of time without success; and (dd) the individual’s vocational rehabilitation case is closed; and (ii) (I) the individual has been provided career counseling, and information and referrals to Federal and State programs and other resources in the individual's geographic area that offer employment-related services and supports designed to enable the individual to explore, discover, experience, and attain competitive integrated employment; and (II) such counseling and information and referrals are not for employment compensated at a subminimum wage provided by an entity described in this subsection, and such employment-related services are not compensated at a subminimum wage and do not directly result in employment compensated at a subminimum wage provided by an entity described in this subsection. (b) Construction (1) Rule Nothing in this section shall be construed to— (A) change the purpose of this Act described in section 2(b)(2), to empower individuals with disabilities to maximize opportunities for competitive integrated employment; or (B) preference employment compensated at a subminimum wage as an acceptable vocational rehabilitation strategy or successful employment outcome, as defined in section 7(11). (2) Contracts A local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or a State educational agency (as defined in such section) may not enter into a contract or other arrangement with an entity described in subsection (a) for the purpose of operating a program for an individual who is age 24 or younger under which work is compensated at a subminimum wage. (3) Voidability The provisions in this section shall be construed in a manner consistent with the provisions of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), as amended before or after the effective date of this Act. (c) During employment (1) In general The entity described in subsection (a) may not continue to employ an individual, regardless of age, at a subminimum wage unless, after the individual begins work at that wage, at the intervals described in paragraph (2), the individual (with, in an appropriate case, the individual's parent or guardian)— (A) is provided by the designated State unit career counseling, and information and referrals described in subsection (a)(2)(B)(ii), delivered in a manner that facilitates independent decisionmaking and informed choice, as the individual makes decisions regarding employment and career advancement; and (B) is informed by the employer of self-advocacy, self-determination, and peer mentoring training opportunities available in the individual's geographic area, provided by an entity that does not have any financial interest in the individual's employment outcome, under applicable Federal and State programs or other sources. (2) Timing The actions required under subparagraphs (A) and (B) of paragraph (1) shall be carried out once every 6 months for the first year of the individual's employment at a subminimum wage, and annually thereafter for the duration of such employment. (3) Small business exception In the event that the entity described in subsection (a) is a business with fewer than 15 employees, such entity can satisfy the requirements of subparagraphs (A) and (B) of paragraph (1) by referring the individual, at the intervals described in paragraph (2), to the designated State unit for the counseling, information, and referrals described in paragraph (1)(A) and the information described in paragraph (1)(B). (d) Documentation (1) In general The designated State unit, in consultation with the State educational agency, shall develop a new process or utilize an existing process, consistent with guidelines developed by the Secretary, to document the completion of the actions described in subparagraphs (A) and (B) of subsection (a)(2) by a youth with a disability who is an individual with a disability. (2) Documentation process Such process shall require that— (A) in the case of a student with a disability, for documentation of actions described in subsection (a)(2)(A)— (i) if such a student with a disability receives and completes each category of required activities in section 113(b), such completion of services shall be documented by the designated State unit in a manner consistent with this section; (ii) if such a student with a disability receives and completes any transition services available for students with disabilities under the Individuals with Disabilities Education Act, including those provided under section 614(d)(1)(A)(i)(VIII) ( 20 U.S.C. 1414(d)(1)(A)(i)(VIII) ), such completion of services shall be documented by the appropriate school official responsible for the provision of such transition services, in a manner consistent with this section; and (iii) the designated State unit shall provide the final documentation, in a form and manner consistent with this section, of the completion of pre-employment transition services as described in clause (i), or transition services under the Individuals with Disabilities Education Act as described in clause (ii), to the student with a disability within a reasonable period of time following the completion; and (B) when an individual has completed the actions described in subsection (a)(2)(B), the designated State unit shall provide the individual a document indicating such completion, in a manner consistent with this section, within a reasonable time period following the completion of the actions described in this subparagraph. (e) Verification (1) Before employment Before an individual covered by subsection (a)(2) begins work for an entity described in subsection (a) at a subminimum wage, the entity shall review such documentation received by the individual under subsection (d), and provided by the individual to the entity, that indicates that the individual has completed the actions described in subparagraphs (A) and (B) of subsection (a)(2) and the entity shall maintain copies of such documentation. (2) During employment (A) In general In order to continue to employ an individual at a subminimum wage, the entity described in subsection (a) shall verify completion of the requirements of subsection (c), including reviewing any relevant documents provided by the individual, and shall maintain copies of the documentation described in subsection (d). (B) Review of documentation The entity described in subsection (a) shall be subject to review of individual documentation described in subsection (d) by a representative working directly for the designated State unit or the Department of Labor at such a time and in such a manner as may be necessary to fulfill the intent of this section, consistent with regulations established by the designated State unit or the Secretary of Labor. (f) Federal minimum wage In this section, the term Federal minimum wage means the rate applicable under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ). . (b) Effective date This section takes effect 2 years after the date of enactment of the Workforce Innovation and Opportunity Act. G Employment Opportunities for Individuals With Disabilities 461. Employment opportunities for individuals with disabilities Title VI ( 29 U.S.C. 795 et seq. ) is amended— (1) by striking part A; (2) by striking the part heading relating to part B; (3) by redesignating sections 621 through 628 as sections 602 through 609, respectively; (4) in section 602, as redesignated by paragraph (3)— (A) by striking part and inserting title ; and (B) by striking individuals with the most significant disabilities and all that follows and inserting individuals with the most significant disabilities, including youth with the most significant disabilities, to enable such individuals to achieve an employment outcome of supported employment in competitive integrated employment. ; (5) in section 603, as redesignated by paragraph (3)— (A) in subsection (a)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking part and inserting title ; (II) in subparagraph (A), by inserting amount after whichever ; and (III) in subparagraph (B)— (aa) by striking part for the fiscal year and inserting title for the fiscal year ; (bb) by striking this part in fiscal year 1992 and inserting part B of this title (as in effect on September 30, 1992) in fiscal year 1992 ; and (cc) by inserting amount after whichever ; and (ii) in paragraph (2)(B), by striking one-eighth of one percent and inserting 1/8 of 1 percent ; (B) in subsection (b)— (i) by inserting under subsection (a) after allotment to a State ; (ii) by striking part each place the term appears and inserting title ; and (iii) by striking one or more and inserting 1 or more ; and (C) by adding at the end the following: (c) Limitations on administrative costs A State that receives an allotment under this title shall not use more than 2.5 percent of such allotment to pay for administrative costs. (d) Services for youth with the most significant disabilities A State that receives an allotment under this title shall reserve and expend half of such allotment for the provision of supported employment services, including extended services, to youth with the most significant disabilities in order to assist those youth in achieving an employment outcome in supported employment. ; (6) by striking section 604, as redesignated by paragraph (3), and inserting the following: 604. Availability of services (a) Supported employment services Funds provided under this title may be used to provide supported employment services to individuals who are eligible under this title. (b) Extended services (1) In general Except as provided in paragraph (2), funds provided under this title, or title I, may not be used to provide extended services to individuals under this title or title I. (2) Extended services for youth with the most significant disabilities Funds allotted under this title, or title I, and used for the provision of services under this title to youth with the most significant disabilities pursuant to section 603(d), may be used to provide extended services to youth with the most significant disabilities. Such extended services shall be available for a period not to exceed 4 years. ; (7) in section 605, as redesignated by paragraph (3)— (A) in the matter preceding paragraph (1)— (i) by inserting , including a youth with a disability, after An individual ; and (ii) by striking this part and inserting this title ; (B) in paragraph (1), by inserting under title I after rehabilitation services ; (C) in paragraph (2), by striking and after the semicolon; (D) by redesignating paragraph (3) as paragraph (4); (E) by inserting after paragraph (2) the following: (3) for purposes of activities carried out with funds described in section 603(d), the individual is a youth with a disability, as defined in section (7)(42); and ; and (F) in paragraph (4), as redesignated by subparagraph (D), by striking assessment of rehabilitation needs and inserting assessment of the rehabilitation needs ; (8) in section 606, as redesignated by paragraph (3)— (A) in subsection (a)— (i) by striking this part and inserting this title ; and (ii) by inserting , including youth with the most significant disabilities, after individuals ; (B) in subsection (b)— (i) in paragraph (1), by striking this part and inserting this title ; (ii) in paragraph (2), by inserting , including youth, after rehabilitation needs of individuals ; (iii) in paragraph (3)— (I) by inserting , including youth with the most significant disabilities, after provided to individuals ; and (II) by striking section 622 and inserting section 603 ; (iv) by striking paragraph (7); (v) by redesignating paragraph (6) as paragraph (7); (vi) by inserting after paragraph (5) the following: (6) describe the activities to be conducted pursuant to section 603(d) for youth with the most significant disabilities, including— (A) the provision of extended services for a period not to exceed 4 years; and (B) how the State will use the funds reserved in section 603(d) to leverage other public and private funds to increase resources for extended services and expand supported employment opportunities for youth with the most significant disabilities; ; (vii) in paragraph (7), as redesignated by clause (v)— (I) in subparagraph (A), by striking under this part both places the term appears and inserting under this title ; (II) in subparagraph (B), by inserting , including youth with the most significant disabilities, after significant disabilities ; (III) in subparagraph (C)— (aa) in clause (i), by inserting , including, as appropriate, for youth with the most significant disabilities, transition services and pre-employment transition services after services to be provided ; (bb) in clause (ii), by inserting , including the extended services that may be provided to youth with the most significant disabilities under this title, in accordance with an approved individualized plan for employment, for a period not to exceed 4 years after services needed ; and (cc) in clause (iii)— (AA) by striking identify the source of extended services, and inserting identify, as appropriate, the source of extended services, ; (BB) by striking or to the extent and inserting or indicate ; and (CC) by striking employment is developed and all that follows and inserting employment is developed; (IV) in subparagraph (D), by striking under this part and inserting under this title ; (V) in subparagraph (F), by striking and after the semicolon; (VI) in subparagraph (G), by striking for the maximum number of hours possible ; and (VII) by adding at the end the following: (H) the State agencies designated under paragraph (1) will expend not more than 2.5 percent of the allotment of the State under this title for administrative costs of carrying out this title; and (I) with respect to supported employment services provided to youth with the most significant disabilities pursuant to section 603(d), the designated State agency will provide, directly or indirectly through public or private entities, non-Federal contributions in an amount that is not less than 10 percent of the costs of carrying out such services; and ; (9) by striking section 607, as redesignated by paragraph (3), and inserting the following: 607. Restriction Each State agency designated under section 606(b)(1) shall collect the information required by section 101(a)(10) separately for— (1) eligible individuals receiving supported employment services under this title; (2) eligible individuals receiving supported employment services under title I; (3) eligible youth receiving supported employment services under this title; and (4) eligible youth receiving supported employment services under title I. ; (10) in section 608(b), as redesignated by paragraph (3), by striking this part both places the terms appears and inserting this title ; and (11) by striking section 609, as redesignated by paragraph (3), and inserting the following: 609. Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (a) Establishment Not later than 60 days after the date of enactment of the Workforce Innovation and Opportunity Act, the Secretary of Labor shall establish an Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (referred to in this section as the Committee ). (b) Appointment and vacancies (1) Appointment The Secretary of Labor shall appoint the members of the Committee described in subsection (c)(6), in accordance with subsection (c). (2) Vacancies Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner, in accordance with the same paragraph of subsection (c), as the original appointment or designation was made. (c) Composition The Committee shall be composed of— (1) the Assistant Secretary for Disability Employment Policy, the Assistant Secretary for Employment and Training, and the Administrator of the Wage and Hour Division, of the Department of Labor; (2) the Commissioner of the Administration on Intellectual and Developmental Disabilities, or the Commissioner's designee; (3) the Director of the Centers for Medicare & Medicaid Services of the Department of Health and Human Services, or the Director's designee; (4) the Commissioner of Social Security, or the Commissioner's designee; (5) the Commissioner of the Rehabilitation Services Administration, or the Commissioner's designee; and (6) representatives from constituencies consisting of— (A) self-advocates for individuals with intellectual or developmental disabilities; (B) providers of employment services, including those that employ individuals with intellectual or developmental disabilities in competitive integrated employment; (C) representatives of national disability advocacy organizations for adults with intellectual or developmental disabilities; (D) experts with a background in academia or research and expertise in employment and wage policy issues for individuals with intellectual or developmental disabilities; (E) representatives from the employer community or national employer organizations; and (F) other individuals or representatives of organizations with expertise on increasing opportunities for competitive integrated employment for individuals with disabilities. (d) Chairperson The Committee shall elect a Chairperson of the Committee from among the appointed members of the Committee. (e) Meetings The Committee shall meet at the call of the Chairperson, but not less than 8 times. (f) Duties The Committee shall study, and prepare findings, conclusions, and recommendations for the Secretary of Labor on— (1) ways to increase the employment opportunities for individuals with intellectual or developmental disabilities or other individuals with significant disabilities in competitive integrated employment; (2) the use of the certificate program carried out under section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ) for the employment of individuals with intellectual or developmental disabilities, or other individuals with significant disabilities; and (3) ways to improve oversight of the use of such certificates. (g) Committee personnel matters (1) Travel expenses The members of the Committee shall not receive compensation for the performance of services for the Committee, but shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Committee. (2) Staff The Secretary of Labor may designate such personnel as may be necessary to enable the Committee to perform its duties. (3) Detail of government employees Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (4) Facilities, equipment, and services The Secretary of Labor shall make available to the Committee, under such arrangements as may be appropriate, necessary equipment, supplies, and services. (h) Reports (1) Interim and final reports The Committee shall prepare and submit to the Secretary of Labor, as well as the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives— (A) an interim report that summarizes the progress of the Committee, along with any interim findings, conclusions, and recommendations as described in subsection (f); and (B) a final report that states final findings, conclusions, and recommendations as described in subsection (f). (2) Preparation and submission The reports shall be prepared and submitted— (A) in the case of the interim report, not later than 1 year after the date on which the Committee is established under subsection (a); and (B) in the case of the final report, not later than 2 years after the date on which the Committee is established under subsection (a). (i) Termination The Committee shall terminate on the day after the date on which the Committee submits the final report. 610. Authorization of appropriations There is authorized to be appropriated to carry out this title $27,548,000 for fiscal year 2015, $29,676,000 for fiscal year 2016, $30,292,000 for fiscal year 2017, $30,963,000 for fiscal year 2018, $31,691,000 for fiscal year 2019, and $32,363,000 for fiscal year 2020. . H Independent Living Services and Centers for Independent Living 1 Individuals with significant disabilities A General provisions 471. Purpose Section 701 ( 29 U.S.C. 796 ) is amended, in paragraph (3)— (1) by striking part B of title VI and inserting title VI ; and (2) by inserting before the period the following: , with the goal of improving the independence of individuals with disabilities . 472. Administration of the independent living program Title VII ( 29 U.S.C. 796 et seq. ) is amended by inserting after section 701 the following: 701A. Administration of the independent living program There is established within the Administration for Community Living of the Department of Health and Human Services, an Independent Living Administration. The Independent Living Administration shall be headed by a Director (referred to in this section as the Director ) appointed by the Secretary of Health and Human Services. The Director shall be an individual with substantial knowledge of independent living services. The Independent Living Administration shall be the principal agency, and the Director shall be the principal officer, to carry out this chapter. In performing the functions of the office, the Director shall be directly responsible to the Administrator of the Administration for Community Living of the Department of Health and Human Services. The Secretary shall ensure that the Independent Living Administration has sufficient resources (including designating at least 1 individual from the Office of General Counsel who is knowledgeable about independent living services) to provide technical assistance and support to, and oversight of, the programs funded under this chapter. . 473. Definitions Section 702 ( 29 U.S.C. 796a ) is amended— (1) in paragraph (1)— (A) in the matter before subparagraph (A), by inserting for individuals with significant disabilities (regardless of age or income) before that— ; and (B) in subparagraph (B), by striking the period and inserting , including, at a minimum, independent living core services as defined in section 7(17). ; (2) in paragraph (2), by striking the period and inserting the following: , in terms of the management, staffing, decisionmaking, operation, and provisions of services, of the center. ; (3) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (4) by inserting before paragraph (2) the following: (1) Administrator The term Administrator means the Administrator of the Administration for Community Living of the Department of Health and Human Services. . 474. State plan Section 704 ( 29 U.S.C. 796c ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting after State plan the following: developed and signed in accordance with paragraph (2), ; and (ii) by striking Commissioner each place it appears and inserting Administrator ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking developed and signed by ; and (ii) by striking subparagraphs (A) and (B) and inserting the following: (A) developed by the chairperson of the Statewide Independent Living Council, and the directors of the centers for independent living in the State, after receiving public input from individuals with disabilities and other stakeholders throughout the State; and (B) signed by— (i) the chairperson of the Statewide Independent Living Council, acting on behalf of and at the direction of the Council; (ii) the director of the designated State entity described in subsection (c); and (iii) not less than 51 percent of the directors of the centers for independent living in the State. ; (C) in paragraph (3)— (i) in subparagraph (A), by striking State independent living services and inserting independent living services in the State ; and (ii) by striking subparagraph (C) and inserting the following: (C) working relationships and collaboration between— (i) centers for independent living; and (ii) (I) entities carrying out programs that provide independent living services, including those serving older individuals; (II) other community-based organizations that provide or coordinate the provision of housing, transportation, employment, information and referral assistance, services, and supports for individuals with significant disabilities; and (III) entities carrying out other programs providing services for individuals with disabilities. . (D) in paragraph (4), by striking Commissioner each place it appears and inserting Administrator ; and (E) by adding at the end the following: (5) Statewideness The State plan shall describe strategies for providing independent living services on a statewide basis, to the greatest extent possible. ; (2) in subsection (c)— (A) in the subsection heading, by striking unit and inserting entity ; (B) in the matter preceding paragraph (1), by striking the designated State unit of such State and inserting a State entity of such State (referred to in this title as the designated State entity ) ; (C) in paragraphs (3) and (4), by striking Commissioner each place it appears and inserting Administrator ; (D) in paragraph (3), by striking and at the end; (E) in paragraph (4), by striking the period and inserting ; and ; and (F) by adding at the end the following: (5) retain not more than 5 percent of the funds received by the State for any fiscal year under part B, for the performance of the services outlined in paragraphs (1) through (4). ; (3) in subsection (i), by striking paragraphs (1) and (2) and inserting the following: (1) the Statewide Independent Living Council; (2) centers for independent living; (3) the designated State entity; and (4) other State agencies or entities represented on the Council, other councils that address the needs and issues of specific disability populations, and other public and private entities determined to be appropriate by the Council. ; (4) in subsection (m)— (A) in paragraph (4), by striking Commissioner each place it appears and inserting Administrator ; and (B) in paragraph (5), by striking Commissioner and inserting Administrator ; and (5) by adding at the end the following: (o) Promoting full access to community life The plan shall describe how the State will provide independent living services described in section 7(18) that promote full access to community life for individuals with significant disabilities. . 475. Statewide Independent Living Council Section 705 ( 29 U.S.C. 796d ) is amended— (1) in subsection (a), by inserting and maintain after shall establish ; (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting among its voting members, before at least ; and (II) by striking one and inserting 1 ; and (ii) by striking subparagraphs (B) and (C) and inserting the following: (B) among its voting members, for a State in which 1 or more centers for independent living are run by, or in conjunction with, the governing bodies of American Indian tribes located on Federal or State reservations, at least 1 representative of the directors of such centers; and (C) as ex officio, nonvoting members, a representative of the designated State entity, and representatives from State agencies that provide services for individuals with disabilities. ; (B) in paragraph (3)— (i) by redesignating subparagraphs (C) through (F) as subparagraphs (D) through (G), respectively; (ii) in subparagraph (B), by striking parents and guardians of ; and (iii) by inserting after paragraph (B) the following: (C) parents and guardians of individuals with disabilities; ; (C) in paragraph (5)(B), by striking paragraph (3) and inserting paragraph (1) ; and (D) in paragraph (6)(B), by inserting , other than a representative described in paragraph (2)(A) if there is only one center for independent living within the State, after the Council ; (3) by striking subsection (c) and inserting the following: (c) Functions (1) Duties The Council shall— (A) develop the State plan as provided in section 704(a)(2); (B) monitor, review, and evaluate the implementation of the State plan; (C) meet regularly, and ensure that such meetings of the Council are open to the public and sufficient advance notice of such meetings is provided; (D) submit to the Administrator such periodic reports as the Administrator may reasonably request, and keep such records, and afford such access to such records, as the Administrator finds necessary to verify the information in such reports; and (E) as appropriate, coordinate activities with other entities in the State that provide services similar to or complementary to independent living services, such as entities that facilitate the provision of or provide long-term community-based services and supports. (2) Authorities The Council may, consistent with the State plan described in section 704, unless prohibited by State law— (A) in order to improve services provided to individuals with disabilities, work with centers for independent living to coordinate services with public and private entities; (B) conduct resource development activities to support the activities described in this subsection or to support the provision of independent living services by centers for independent living; and (C) perform such other functions, consistent with the purpose of this chapter and comparable to other functions described in this subsection, as the Council determines to be appropriate. (3) Limitation The Council shall not provide independent living services directly to individuals with significant disabilities or manage such services. ; (4) in subsection (e)— (A) in paragraph (1), in the first sentence, by striking prepare and all that follows through a plan and inserting prepare, in conjunction with the designated State entity, a plan ; and (B) in paragraph (3), by striking State agency and inserting State entity ; and (5) in subsection (f)— (A) by striking such resources and inserting available resources ; and (B) by striking (including and all that follows through compensation and inserting (such as personal assistance services), and to pay reasonable compensation . 475A. Responsibilities of the Administrator Section 706 ( 29 U.S.C. 796d–1 ) is amended— (1) by striking the title of the section and inserting the following: 706. Responsibilities of the Administrator ; (2) in subsection (a)— (A) in paragraph (1), by striking Commissioner each place it appears and inserting Administrator ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking Commissioner and inserting Administrator ; and (ii) in subparagraph (B)— (I) in clause (i)— (aa) by inserting or the Commissioner after to the Secretary ; and (bb) by striking to the Commissioner; and and inserting to the Administrator; ; (II) by redesignating clause (ii) as clause (iii); and (III) by inserting after clause (i) the following: (ii) to the State agency shall be deemed to be references to the designated State entity; and ; (3) by striking subsection (b) and inserting the following: (b) Indicators Not later than 1 year after the date of enactment of the Workforce Innovation and Opportunity Act, the Administrator shall develop and publish in the Federal Register indicators of minimum compliance for centers for independent living (consistent with the standards set forth in section 725), and indicators of minimum compliance for Statewide Independent Living Councils. ; (4) in subsection (c)— (A) in paragraph (1)— (i) by striking Commissioner each place it appears and inserting Administrator ; and (ii) by striking the last sentence; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking Commissioner and inserting Administrator ; (ii) in subparagraph (A), by striking such a review and inserting a review described in paragraph (1) ; and (iii) in subparagraphs (A) and (B), by striking Department each place it appears and inserting Department of Health and Human Services ; and (5) by striking subsection (d) and inserting the following: (d) Reports (1) In general The Director described in section 701A shall provide to the Administrator of the Administration for Community Living and the Administrator shall include, in an annual report, information on the extent to which centers for independent living receiving funds under part C have complied with the standards and assurances set forth in section 725. The Director may identify individual centers for independent living in the analysis contained in that information. The Director shall include in the report the results of onsite compliance reviews, identifying individual centers for independent living and other recipients of assistance under part C. (2) Public availability The Director shall ensure that the report described in this subsection is made publicly available in a timely manner, including through electronic means, in order to inform the public about the administration and performance of programs under this Act. . B Independent living services 476. Administration (a) Allotments Section 711 ( 29 U.S.C. 796e ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A)— (i) by striking Except and inserting After the reservation required by section 711A is made, and except ; and (ii) by inserting the remainder of the before sums appropriated ; and (B) in paragraph (2)(B), by striking amounts made available for purposes of this part and inserting remainder described in paragraph (1)(A) ; (2) in subsections (a), (b), and (c), by striking Commissioner each place it appears and inserting Administrator ; and (3) by adding at the end the following: (d) Administration Funds allotted or made available to a State under this section shall be administered by the designated State entity, in accordance with the approved State plan. . (b) Training and technical assistance Part B of chapter 1 of title VII is amended by inserting after section 711 ( 29 U.S.C. 796e ) the following: 711A. Training and technical assistance (a) From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2015, the Administrator shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide, either directly or through grants, contracts, or cooperative agreements, training and technical assistance to Statewide Independent Living Councils established under section 705 for such fiscal year. (b) The Administrator shall conduct a survey of such Statewide Independent Living Councils regarding training and technical assistance needs in order to determine funding priorities for such training and technical assistance. (c) To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, an entity shall submit an application to the Administrator at such time, in such manner, containing a proposal to provide such training and technical assistance, and containing such additional information, as the Administrator may require. The Administrator shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the operation of such Statewide Independent Living Councils. . (c) Payments Section 712(a) ( 29 U.S.C. 796e–1(a) ) is amended by striking Commissioner and inserting Administrator . (d) Authorized uses of funds Section 713 ( 29 U.S.C. 796e–2 ) is amended— (1) by striking the matter preceding paragraph (1) and inserting the following: (a) In General The State may use funds received under this part to provide the resources described in section 705(e) (but may not use more than 30 percent of the funds paid to the State under section 712 for such resources unless the State specifies that a greater percentage of the funds is needed for such resources in a State plan approved under section 706), relating to the Statewide Independent Living Council, may retain funds under section 704(c)(5), and shall distribute the remainder of the funds received under this part in a manner consistent with the approved State plan for the activities described in subsection (b). (b) Activities The State may use the remainder of the funds described in subsection (a)— ; and (2) in paragraph (1), by inserting , particularly those in unserved areas of the State after disabilities . (e) Authorization of appropriations Section 714 ( 29 U.S.C. 796e–3 ) is amended by striking such sums as may be necessary for each of the fiscal years 1999 through 2003. and inserting $22,878,000 for fiscal year 2015, $24,645,000 for fiscal year 2016, $25,156,000 for fiscal year 2017, $25,714,000 for fiscal year 2018, $26,319,000 for fiscal year 2019, and $26,877,000 for fiscal year 2020. . C Centers for independent living 481. Program authorization Section 721 ( 29 U.S.C. 796f ) is amended— (1) in subsection (a)— (A) by striking 1999 and inserting 2015 ; (B) by striking Commissioner shall allot and inserting Administrator shall make available ; and (C) by inserting , centers for independent living, after States ; (2) in subsection (b)— (A) in paragraph (1)— (i) in the paragraph heading, by striking other arrangements and inserting cooperative agreements ; (ii) by striking For and all that follows through Commissioner and inserting From the funds appropriated to carry out this part for any fiscal year, beginning with fiscal year 2015, the Administrator ; (iii) by striking reserve from such excess and inserting reserve not less than 1.8 percent and not more than 2 percent of the funds ; and (iv) by striking eligible agencies and all that follows and inserting centers for independent living and eligible agencies for such fiscal year. ; (B) in paragraph (2)— (i) by striking Commissioner shall make grants to, and enter into contracts and other arrangements with, and inserting Administrator shall make grants to, or enter into contracts or cooperative agreements with, ; and (ii) by inserting fiscal management of, before planning, ; (C) in paragraphs (3), (4), and (5), by striking Commissioner each place it appears and inserting Administrator ; and (D) in paragraph (3), by striking Statewide Independent Living Councils and ; (3) in paragraph (4), by striking other arrangement and inserting cooperative agreement ; (4) in subsection (c), by striking Commissioner each place it appears and inserting Administrator ; and (5) in subsection (d), by striking Commissioner each place it appears and inserting Administrator . 482. Centers (a) Centers in States in which Federal funding exceeds State funding Section 722 ( 29 U.S.C. 796f–1 ) is amended— (1) in subsections (a), (b), and (c), by striking Commissioner each place it appears and inserting Administrator ; (2) in subsection (c)— (A) by striking grants and inserting grants for a fiscal year ; and (B) by striking by September 30, 1997 and inserting for the preceding fiscal year ; (3) in subsection (d)— (A) in paragraph (1)— (i) by striking Commissioner and inserting Administrator ; and (ii) by striking region, consistent and all that follows and inserting region. The Administrator's determination of the most qualified applicant shall be consistent with the provisions in the State plan setting forth the design of the State for establishing a statewide network of centers for independent living. ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking Commissioner and inserting Administrator ; and (ii) by striking subparagraph (A) and inserting the following: (A) shall consider comments regarding the application— (i) by individuals with disabilities and other interested parties within the new region proposed to be served; and (ii) if any, by the Statewide Independent Living Council in the State in which the applicant is located; ; and (4) in subsections (e) and (g) by striking Commissioner each place it appears and inserting Administrator. . (b) Centers in States in which State funding exceeds Federal funding Section 723 ( 29 U.S.C. 796f–2 ) is amended— (1) in subsections (a), (b), (g), (h), and (i), by striking Commissioner each place it appears and inserting Administrator ; (2) in subsection (a)— (A) in paragraph (1)(A)(ii), by inserting of a designated State unit after director ; and (B) in the heading of paragraph (3), by striking commissioner and inserting administrator ; and (3) in subsection (c)— (A) by striking grants and inserting grants for a fiscal year ; and (B) by striking by September 30, 1997 and inserting for the preceding fiscal year . (c) Centers operated by State agencies Section 724 ( 29 U.S.C. 796f–3 ) is amended— (1) in the matter preceding paragraph (1)— (A) by striking 1993 and inserting 2015 ; (B) by striking Rehabilitation Act Amendments of 1998 and inserting Workforce Innovation and Opportunity Act ; and (C) by striking 1994 and inserting 2015 ; and (2) by striking Commissioner each place it appears and inserting Administrator . 483. Standards and assurances Section 725 ( 29 U.S.C. 796f–4 ) is amended— (1) in subsection (b)(1)(D)— (A) by striking access of and inserting access for ; and (B) by striking to society and and inserting , within their communities, ; and (2) in subsection (c), by striking Commissioner each place it appears and inserting Administrator . 484. Authorization of appropriations Section 727 ( 29 U.S.C. 796f–6 ) is amended by striking such sums as may be necessary for each of the fiscal years 1999 through 2003. and inserting $78,305,000 for fiscal year 2015, $84,353,000 for fiscal year 2016, $86,104,000 for fiscal year 2017, $88,013,000 for fiscal year 2018, $90,083,000 for fiscal year 2019, and $91,992,000 for fiscal year 2020. . 2 Independent Living Services for Older Individuals who are Blind 486. Independent living services for older individuals who are blind Chapter 2 of title VII ( 29 U.S.C. 796j et seq. ) is amended by inserting after section 751 the following: 751A. Training and technical assistance (a) From the funds appropriated and made available to carry out this chapter for any fiscal year, beginning with fiscal year 2015, the Commissioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide, either directly or through grants, contracts, or cooperative agreements, training and technical assistance to designated State agencies, or other providers of independent living services for older individuals who are blind, that are funded under this chapter for such fiscal year. (b) The Commissioner shall conduct a survey of designated State agencies that receive grants under section 752 regarding training and technical assistance needs in order to determine funding priorities for such training and technical assistance. (c) To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, an entity shall submit an application to the Commissioner at such time, in such manner, containing a proposal to provide such training and technical assistance, and containing such additional information, as the Commissioner may require. The Commissioner shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the provision of services to older individuals who are blind. . 487. Program of grants Section 752 ( 29 U.S.C. 796k ) is amended— (1) by striking subsection (h); (2) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively; (3) in subsection (c)(2)— (A) by striking subsection (j) and inserting subsection (i) ; and (B) by striking subsection (i) and inserting subsection (h) ; (4) in subsection (g), by inserting , or contracts or cooperative agreements with, after grants to ; (5) in subsection (h), as redesignated by paragraph (2)— (A) in paragraph (1), by striking subsection (j)(4) and inserting subsection (i)(4) ; and (B) in paragraph (2)— (i) in subparagraph (A)(vi), by adding and after the semicolon; (ii) in subparagraph (B)(ii)(III), by striking ; and and inserting a period; and (iii) by striking subparagraph (C); and (6) in subsection (i), as redesignated by paragraph (2)— (A) in paragraph (2)(A)(ii), by inserting , and not reserved under section 751A, after section 753 ; (B) in paragraph (3)(A), by inserting , and not reserved under section 751A, after section 753 ; and (C) in paragraph (4)(B)(i), by striking subsection (i) and inserting subsection (h) . 488. Independent living services for older individuals who are blind authorization of appropriations Section 753 ( 29 U.S.C. 796l ) is amended by striking such sums as may be necessary for each of the fiscal years 1999 through 2003. and inserting $33,317,000 for fiscal year 2015, $35,890,000 for fiscal year 2016, $36,635,000 for fiscal year 2017, $37,448,000 for fiscal year 2018, $38,328,000 for fiscal year 2019, and $39,141,000 for fiscal year 2020. . I General provisions 491. Transfer of functions regarding independent living to Department of Health and Human Services, and savings provisions (a) Definitions For purposes of this section, unless otherwise provided or indicated by the context— (1) the term Administration for Community Living means the Administration for Community Living of the Department of Health and Human Services; (2) the term Federal agency has the meaning given to the term agency by section 551(1) of title 5, United States Code; (3) the term function means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (4) the term Rehabilitation Services Administration means the Rehabilitation Services Administration of the Office of Special Education and Rehabilitative Services of the Department of Education. (b) Transfer of functions There are transferred to the Administration for Community Living, all functions which the Commissioner of the Rehabilitation Services Administration exercised before the effective date of this section (including all related functions of any officer or employee of that Administration) under chapter 1 of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796 et seq. ). (c) Personnel Determinations by the office of management and budget The Office of Management and Budget shall— (1) ensure that this section does not result in any net increase in full-time equivalent employees at any Federal agency impacted by this section; and (2) not later than 1 year after the effective date of this section, certify compliance with this subsection to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (d) Delegation and assignment Except where otherwise expressly prohibited by law or otherwise provided by this section, the Administrator of the Administration for Community Living may delegate any of the functions transferred to the Administrator of such Administration by subsection (b) and any function described in subsection (b) that was transferred or granted to such Administrator after the effective date of this section to such officers and employees of such Administration as the Administrator may designate, and may authorize successive redelegations of such functions described in subsection (b) as may be necessary or appropriate. No delegation of such functions by the Administrator of the Administration for Community Living under this subsection or under any other provision of this section shall relieve such Administrator of responsibility for the administration of such functions. (e) Reorganization Except where otherwise expressly prohibited by law or otherwise provided by this Act, the Administrator of the Administration for Community Living is authorized to allocate or reallocate any function transferred under subsection (b) among the officers of such Administration, and to consolidate, alter, or discontinue such organizational entities in such Administration as may be necessary or appropriate. (f) Rules The Administrator of the Administration for Community Living is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as that Administrator determines necessary or appropriate to administer and manage the functions described in subsection (b) of that Administration. (g) Transfer and allocations of appropriations and personnel Except as otherwise provided in this section, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by subsection (b), subject to section 1531 of title 31, United States Code, shall be transferred to the Administration for Community Living. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated. (h) Incidental transfers The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such determinations as may be necessary with regard to the functions transferred by subsection (b), and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this section. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this section and for such further measures and dispositions as may be necessary to effectuate the purposes of this section, with respect to such functions. (i) Savings provisions (1) Continuing effect of legal documents All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions— (A) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under subsection (b); and (B) which are in effect at the time this section takes effect, or were final before the effective date of this section and are to become effective on or after the effective date of this section, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Administrator of the Administration for Community Living or other authorized official, a court of competent jurisdiction, or by operation of law. (2) Proceedings not affected The provisions of this section shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Rehabilitation Services Administration at the time this section takes effect, with respect to functions transferred by subsection (b) but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (3) Suits not affected The provisions of this section shall not affect suits commenced (with respect to functions transferred under subsection (b)) before the effective date of this section, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted. (4) Nonabatement of actions No suit, action, or other proceeding commenced by or against the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)), or by or against any individual in the official capacity of such individual as an officer of the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)), shall abate by reason of the enactment of this section. (5) Administrative actions relating to promulgation of regulations Any administrative action relating to the preparation or promulgation of a regulation by the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)) may be continued by the Administration for Community Living with the same effect as if this section had not been enacted. (j) Separability If a provision of this section or its application to any person or circumstance is held invalid, neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected. (k) References A reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to— (1) the Commissioner of the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)), shall be deemed to refer to the Administrator of the Administration for Community Living; and (2) the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)), shall be deemed to refer to the Administration for Community Living. (l) Transition The Administrator of the Administration for Community Living is authorized to utilize— (1) the services of such officers, employees, and other personnel of the Rehabilitation Services Administration with regard to functions transferred under subsection (b); and (2) funds appropriated to such functions, for such period of time as may reasonably be needed to facilitate the orderly implementation of this section. (m) Administration for Community Living (1) Transfer of functions There are transferred to the Administration for Community Living, all functions which the Commissioner of the Rehabilitation Services Administration exercised before the effective date of this section (including all related functions of any officer or employee of that Administration) under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ). (2) Administrative matters Subsections (d) through (l) shall apply to transfers described in paragraph (1). (n) National Institute on Disability, Independent Living, and Rehabilitation Research (1) Definitions For purposes of this subsection, unless otherwise provided or indicated by the context— (A) the term NIDILRR means the National Institute on Disability, Independent Living, and Rehabilitation Research of the Administration for Community Living of the Department of Health and Human Services; and (B) the term NIDRR means the National Institute on Disability and Rehabilitation Research of the Office of Special Education and Rehabilitative Services of the Department of Education. (2) Transfer of functions There are transferred to the NIDILRR, all functions which the Director of the NIDRR exercised before the effective date of this section (including all related functions of any officer or employee of the NIDRR). (3) Administrative matters (A) In general Subsections (d) through (l) shall apply to transfers described in paragraph (2). (B) References For purposes of applying those subsections under subparagraph (A), those subsections— (i) shall apply to the NIDRR and the Director of the NIDRR in the same manner and to the same extent as those subsections apply to the Rehabilitation Services Administration and the Commissioner of that Administration; and (ii) shall apply to the NIDILRR and the Director of the NIDILRR in the same manner and to the same extent as those subsections apply to the Administration for Community Living and the Administrator of that Administration. (o) References in Assistive Technology Act of 1998 (1) Secretary Section 3(13) of the Assistive Technology Act of 1998 ( 29 U.S.C. 3002(13) ) is amended by striking Education and inserting Health and Human Services . (2) National activities Section 6(d)(4) of the Assistive Technology Act of 1998 ( 29 U.S.C. 3005(d)(4) ) is amended by striking Education and inserting Health and Human Services . (3) General administration Section 7 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3006 ) is amended— (A) in subsection (a)— (i) in paragraph (1), by striking the Assistant Secretary and all that follows through Rehabilitation Services Administration, and inserting the Administrator of the Administration for Community Living ; (ii) in paragraph (2), by striking The Assistant Secretary and all that follows and inserting The Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act. ; and (iii) in paragraph (3), by striking the Rehabilitation Services Administration and inserting the Administrator of the Administration for Community Living ; and (B) in subsection (c)(5), by striking Education and inserting Health and Human Services . 492. Table of contents The table of contents in section 1(b) is amended— (1) by striking the item relating to section 109 and inserting the following: Sec. 109. Training and services for employers. ; (2) by inserting after the item relating to section 112 the following: Sec. 113. Provision of pre-employment transition services. ; (3) by striking the item relating to section 202 and inserting the following: Sec. 202. National Institute on Disability, Independent Living, and Rehabilitation Research. ; (4) by striking the item relating to section 205 and inserting the following: Sec. 205. Disability, Independent Living, and Rehabilitation Research Advisory Council. Sec. 206. Definition of covered school. ; (5) by striking the items relating to sections 304, 305, and 306 and inserting the following: Sec. 304. Measuring of project outcomes and performance. . (6) by inserting after the item relating to section 509 the following: Sec. 511. Limitations on use of subminimum wage. ; (7) by striking the items relating to title VI and inserting the following: TITLE VI—EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES Sec. 601. Short title. Sec. 602. Purpose. Sec. 603. Allotments. Sec. 604. Availability of services. Sec. 605. Eligibility. Sec. 606. State plan. Sec. 607. Restriction. Sec. 608. Savings provision. Sec. 609. Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities. Sec. 610. Authorization of appropriations. ; and (8) in the items relating to title VII— (A) (i) by inserting after the item relating to section 701 the following: Sec. 701A. Administration of the independent living program. ; and (ii) by striking the item relating to section 706 and inserting the following: Sec. 706. Responsibilities of the Administrator. ; (B) by inserting after the item relating to section 711 the following: Sec. 711A. Training and technical assistance. ; and (C) by inserting after the item relating to section 751 the following: Sec. 751A. Training and technical assistance. . V General provisions A Workforce investment 501. Privacy (a) Section 444 of the General Education Provisions Act Nothing in this Act (including the amendments made by this Act) shall be construed to supersede the privacy protections afforded parents and students under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (b) Prohibition on Development of National Database (1) In general Nothing in this Act (including the amendments made by this Act) shall be construed to permit the development of a national database of personally identifiable information on individuals receiving services under title I or under the amendments made by title IV. (2) Limitation Nothing in paragraph (1) shall be construed to prevent the proper administration of national programs under subtitles C and D of title I, or the amendments made by title IV (as the case may be), or to carry out program management activities consistent with title I or the amendments made by title IV (as the case may be). 502. Buy-American requirements (a) Compliance with buy american act None of the funds made available under title I or II or under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) may be expended by an entity unless the entity agrees that in expending the funds the entity will comply with sections 8301 through 8303 of title 41, United States Code (commonly known as the Buy American Act ). (b) Sense of congress; requirement regarding notice (1) Purchase of american-made equipment and products In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available under title I or II or under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), it is the sense of Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products. (2) Notice to recipients of assistance In providing financial assistance using funds made available under title I or II or under the Wagner-Peyser Act, the head of each Federal agency shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by Congress. (c) Prohibition of contracts with persons falsely labeling products as made in america If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available under title I or II or under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations, as such sections were in effect on August 7, 1998, or pursuant to any successor regulations. 503. Transition provisions (a) Workforce development systems and investment activities The Secretary of Labor and the Secretary of Education shall take such actions as the Secretaries determine to be appropriate to provide for the orderly transition from any authority under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) to any authority under subtitle A of title I. Such actions shall include the provision of guidance related to unified State planning, combined State planning, and the performance accountability system described in such subtitle. (b) Workforce investment activities The Secretary of Labor shall take such actions as the Secretary determines to be appropriate to provide for the orderly transition from any authority under the Workforce Investment Act of 1998 to any authority under subtitles B through E of title I. (c) Adult education and literacy programs The Secretary of Education shall take such actions as the Secretary determines to be appropriate to provide for the orderly transition from any authority under the Adult Education and Family Literacy Act ( 20 U.S.C. 9201 et seq. ), as in effect on the day before the date of enactment of this Act, to any authority under the Adult Education and Family Literacy Act, as amended by this Act. (d) Employment services activities The Secretary of Labor shall take such actions as the Secretary determines to be appropriate to provide for the orderly transition from any authority under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), as in effect on the day before the date of enactment of this Act, to any authority under the Wagner-Peyser Act, as amended by this Act. (e) Vocational rehabilitation programs The Secretary of Education and the Secretary of Health and Human Services shall take such actions as the Secretaries determine to be appropriate to provide for the orderly transition from any authority under the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ), as in effect on the day before the date of enactment of this Act, to any authority under the Rehabilitation Act of 1973, as amended by this Act. (f) Regulations (1) Proposed regulations Not later than 180 days after the date of enactment of this Act, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services, as appropriate, shall develop and publish in the Federal Register proposed regulations relating to the transition to, and implementation of, this Act (including the amendments made by this Act). (2) Final regulations Not later than 18 months after the date of enactment of this Act, the Secretaries described in paragraph (1), as appropriate, shall develop and publish in the Federal Register final regulations relating to the transition to, and implementation of, this Act (including the amendments made by this Act). (g) Expenditure of funds during transition (1) In general Subject to paragraph (2) and in accordance with regulations developed under subsection (f), States, grant recipients, administrative entities, and other recipients of financial assistance under the Workforce Investment Act of 1998 may expend funds received under such Act in order to plan and implement programs and activities authorized under this Act. (2) Additional requirements Not more than 2 percent of any allotment to any State from amounts appropriated under the Workforce Investment Act of 1998 for fiscal year 2014 may be made available to carry out activities authorized under paragraph (1) and not less than 50 percent of any amount used to carry out activities authorized under paragraph (1) shall be made available to local entities for the purposes of the activities described in such paragraph. 504. Reduction of reporting burdens and requirements In order to simplify reporting requirements and reduce reporting burdens, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services shall establish procedures and criteria under which a State board and local board may reduce reporting burdens and requirements under this Act (including the amendments made by this Act). 505. Report on data capability of Federal and State databases and data exchange agreements (a) In general The Comptroller General of the United States shall prepare and submit an interim report and a final report to Congress regarding existing Federal and State databases and data exchange agreements, as of the date of the report, that contain job training information relevant to the administration of programs authorized under this Act and the amendments made by this Act. (b) Requirements The report required under subsection (a) shall— (1) list existing Federal and State databases and data exchange agreements described in subsection (a) and, for each, describe— (A) the purposes of the database or agreement; (B) the data elements, such as wage and employment outcomes, contained in the database or accessible under the agreement; (C) the data elements described in subparagraph (B) that are shared between States; (D) the Federal and State workforce training programs from which each Federal and State database derives the data elements described in subparagraph (B); (E) the number and type of Federal and State agencies having access to such data; (F) the number and type of private research organizations having access to, through grants, contracts, or other agreements, such data; and (G) whether the database or data exchange agreement provides for opt-out procedures for individuals whose data is shared through the database or data exchange agreement; (2) study the effects that access by State workforce agencies and the Secretary of Labor to the databases and data exchange agreements described in subsection (a) would have on efforts to carry out this Act and the amendments made by this Act, and on individual privacy; (3) explore opportunities to enhance the quality, reliability, and reporting frequency of the data included in such databases and data exchange agreements; (4) describe, for each database or data exchange agreement considered by the study described in subsection (a), the number of individuals whose data is contained in each database or accessible through the data agreement, and the specific data elements contained in each that could be used to personally identify an individual; (5) include the number of data breaches having occurred since 2004 to data systems administered by Federal and State agencies; (6) include the number of data breaches regarding any type of personal data having occurred since 2004 to private research organizations with whom Federal and State agencies contract for studies; and (7) include a survey of the security protocols used for protecting personal data, including best practices shared amongst States for access to, and administration of, data elements stored and recommendations for improving security protocols for the safe warehousing of data elements. (c) Timing of reports (1) Interim report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall prepare and submit to Congress an interim report regarding the initial findings of the report required under this section. (2) Final report Not later than 18 months after the date of enactment of this Act, the Comptroller General shall prepare and submit to Congress the final report required under this section. 506. Effective dates (a) In general Except as otherwise provided in this Act, this Act, including the amendments made by this Act, shall take effect on the first day of the first full program year after the date of enactment of this Act. (b) Application date for workforce development performance accountability system (1) In general Section 136 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871 ), as in effect on the day before the date of enactment of this Act, shall apply in lieu of section 116 of this Act, for the first full program year after the date of enactment of this Act. (2) Special provisions For purposes of the application described in paragraph (1)— (A) except as otherwise specified, a reference in section 136 of the Workforce Investment Act of 1998 to a provision in such Act ( 29 U.S.C. 2801 et seq. ), other than to a provision in such section or section 112 of such Act, shall be deemed to refer to the corresponding provision of this Act; (B) the terms local area , local board , one-stop partner , and State board have the meanings given the terms in section 3 of this Act; (C) except as provided in subparagraph (B), terms used in such section 136 shall have the meanings given the terms in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 ); (D) any agreement negotiated and reached under section 136(c)(2) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(c)(2) ) shall remain in effect, until a new agreement is so negotiated and reached, for that first full program year; (E) if a State or local area fails to meet levels of performance under subsection (g) or (h), respectively, of section 136 of the Workforce Investment Act of 1998 during that first full program year, the sanctions provided under such subsection shall apply during the second full program year after the date of enactment of this Act; and (F) the Secretary shall use an amount retained, as a result of a reduction in an allotment to a State made under section 136(g)(1)(B) of such Act ( 29 U.S.C. 2871(g)(1)(B) ), to provide technical assistance as described in subsections (f)(1) and (g)(1) of section 116 of this Act, in lieu of incentive grants under section 503 of the Workforce Investment Act of 1998 ( 20 U.S.C. 9273 ) as provided in section 136(g)(2) of such Act ( 29 U.S.C. 2871(g)(2) ). (c) Application date for State and local plan provisions (1) Implementation Sections 112 and 118 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822 , 2833), as in effect on the day before the date of enactment of this Act, shall apply to implementation of State and local plans, in lieu of sections 102 and 103, and section 108, respectively, of this Act, for the first full program year after the date of enactment of this Act. (2) Special provisions For purposes of the application described in paragraph (1)— (A) except as otherwise specified, a reference in section 112 or 118 of the Workforce Investment Act of 1998 to a provision in such Act ( 29 U.S.C. 2801 et seq. ), other than to a provision in or to either such section or to section 136 of such Act, shall be deemed to refer to the corresponding provision of this Act; (B) the terms local area , local board , one-stop partner , and State board have the meanings given the terms in section 3 of this Act; (C) except as provided in subparagraph (B), terms used in such section 112 or 118 shall have the meanings given the terms in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 ); and (D) section 112(b)(18)(D) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822(b)(18)(D) ) shall not apply. (3) Submission Sections 102, 103, and 108 of this Act shall apply to plans for the second full program year after the date of enactment, including the development, submission, and approval of such plans during the first full program year after such date. (d) Disability provisions Except as otherwise provided in title IV of this Act, title IV, and the amendments made by title IV, shall take effect on the date of enactment of this Act. B Amendments to other laws 511. Repeal of the Workforce Investment Act of 1998 (a) Workforce Investment Act of 1998 The Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) is repealed. (b) Grants to States for workplace and community transition training for incarcerated individuals Section 821 of the Higher Education Amendments of 1998 ( 20 U.S.C. 1151 ) is repealed. 512. Conforming amendments (a) American Competitiveness and Workforce Improvement Act of 1998 Section 414(c)(3)(C) of the American Competitiveness and Workforce Improvement Act of 1998 ( 29 U.S.C. 2916a(3)(C) ) is amended by striking entities involved in administering the workforce investment system established under title I of the Workforce Investment Act of 1998 and inserting entities involved in administering the workforce development system, as defined in section 3 of the Workforce Innovation and Opportunity Act . (b) Assistive Technology Act of 1998 The Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ) is amended as follows: (1) Section 3(1)(C) of such Act ( 29 U.S.C. 3002(1)(C) ) is amended by striking such as a one-stop partner, as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 ) and inserting such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act . (2) Section 4 of such Act ( 29 U.S.C. 3003 ) is amended— (A) in subsection (c)(2)(B)(i)(IV), by striking a representative of the State workforce investment board established under section 111 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2821 ) and inserting a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ; and (B) in subsection (e)— (i) in paragraph (2)(D)(i), by striking such as one-stop partners, as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 ), and inserting such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act, ; and (ii) in paragraph (3)(B)(ii)(I)(aa), by striking with entities in the statewide and local workforce investment systems established under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), and inserting with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act, . (c) Alaska Natural Gas Pipeline Act Section 113(a)(2) of the Alaska Natural Gas Pipeline Act ( 15 U.S.C. 720k(a)(2) ) is amended by striking consistent with the vision and goals set forth in the State of Alaska Unified Plan, as developed pursuant to the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting consistent with the vision and goals set forth in the State of Alaska unified plan or combined plan, as appropriate, as developed pursuant to section 102 or 103, as appropriate, of the Workforce Innovation and Opportunity Act . (d) Atomic Energy Defense Act Section 4604(c)(6)(A) of the Atomic Energy Defense Act ( 50 U.S.C. 2704(c)(6)(A) ) is amended by striking programs carried out by the Secretary of Labor under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting programs carried out by the Secretary of Labor under title I of the Workforce Innovation and Opportunity Act . (e) Carl D. Perkins Career and Technical Education Act of 2006 The Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ) is amended as follows: (1) Section 118(d)(2) of such Act ( 20 U.S.C. 2328(d)(2) ) is amended— (A) in the paragraph heading, by striking Public law 105–220 and inserting Workforce Innovation and Opportunity Act ; and (B) by striking functions and activities carried out under Public Law 105–220 and inserting functions and activities carried out under the Workforce Innovation and Opportunity Act . (2) Section 121(a)(4) of such Act ( 20 U.S.C. 2341(a)(4) ) is amended— (A) in subparagraph (A), by striking activities undertaken by the State boards under section 111 of Public Law 105–220 and inserting activities undertaken by the State boards under section 101 of the Workforce Innovation and Opportunity Act ; and (B) in subparagraph (B), by striking the service delivery system under section 121 of Public Law 105–220 and inserting the one-stop delivery system under section 121 of the Workforce Innovation and Opportunity Act . (3) Section 122 of such Act ( 20 U.S.C. 2342 ) is amended— (A) in subsection (b)(1)(A)(viii), by striking entities participating in activities described in section 111 of Public Law 105–220 and inserting entities participating in activities described in section 101 of the Workforce Innovation and Opportunity Act ; (B) in subsection (c)(20), by striking the description and information specified in sections 112(b)(8) and 121(c) of Public Law 105–220 concerning the provision of services only for postsecondary students and school dropouts and inserting the description and information specified in subparagraphs (B) and (C)(iii) of section 102(b)(2), and, as appropriate, section 103(b)(3)(A), and section 121(c), of the Workforce Innovation and Opportunity Act concerning the provision of services only for postsecondary students and school dropouts ; and (C) in subsection (d)(2)— (i) in the paragraph heading, by striking 501 plan and inserting combined plan ; and (ii) by striking as part of the plan submitted under section 501 of Public Law 105–220 and inserting as part of the plan submitted under section 103 of the Workforce Innovation and Opportunity Act . (4) Section 124(c)(13) of such Act ( 20 U.S.C. 2344(c)(13) ) is amended by striking such as through referral to the system established under section 121 of Public Law 105–220 and inserting such as through referral to the system established under section 121 of the Workforce Innovation and Opportunity Act . (5) Section 134(b)(5) of such Act ( 20 U.S.C. 2354(b)(5) ) is amended by striking entities participating in activities described in section 117 of Public Law 105–220 (if applicable) and inserting entities participating in activities described in section 107 of the Workforce Innovation and Opportunity Act (if applicable) . (6) Section 135(c)(16) of such Act ( 20 U.S.C. 2355(c)(16) ) is amended by striking such as through referral to the system established under section 121 of Public Law 105–220 ( 29 U.S.C. 2801 et seq. ) and inserting such as through referral to the system established under section 121 of the Workforce Innovation and Opportunity Act . (7) Section 321(b)(1) of such Act ( 20 U.S.C. 2411(b)(1) ) is amended by striking Chapters 4 and 5 of subtitle B of title I of Public Law 105–220 and inserting Chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act . (f) Community Services Block Grant Act Section 676(b)(5) of the Community Services Block Grant Act ( 42 U.S.C. 9908(b)(5) ) is amended by striking the eligible entities will coordinate the provision of employment and training activities, as defined in section 101 of such Act, in the State and in communities with entities providing activities through statewide and local workforce investment systems under the Workforce Investment Act of 1998 and inserting the eligible entities will coordinate the provision of employment and training activities, as defined in section 3 of the Workforce Innovation and Opportunity Act, in the State and in communities with entities providing activities through statewide and local workforce development systems under such Act . (g) Compact of Free Association Amendments Act of 2003 The Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921 et seq. ) is amended as follows: (1) Section 105(f)(1)(B)(iii) of such Act ( 48 U.S.C. 1921d(f)(1)(B)(iii) ) is amended by striking title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), other than subtitle C of that Act ( 29 U.S.C. 2881 et seq. ) (Job Corps), title II of the Workforce Investment Act of 1998 ( 20 U.S.C. 9201 et seq. ; commonly known as the Adult Education and Family Literacy Act), and inserting titles I (other than subtitle C) and II of the Workforce Innovation and Opportunity Act, . (2) Section 108(a) of such Act ( 48 U.S.C. 1921g(a) ) is amended by striking subtitle C of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2881 et seq. ; relating to Job Corps) and inserting subtitle C of title I of the Workforce Innovation and Opportunity Act (relating to Job Corps) . (h) Domestic Volunteer Service Act of 1973 Section 103(d) of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4953(d) ) is amended by striking employment. and all that follows and inserting the following: employment. Whenever feasible, such efforts shall be coordinated with an appropriate local workforce development board established under section 107 of the Workforce Innovation and Opportunity Act. . (i) Elementary and Secondary Education Act of 1965 The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended as follows: (1) Section 1203(c)(2)(A) of such Act ( 20 U.S.C. 6363(c)(2)(A) ) is amended— (A) by striking , in consultation with the National Institute for Literacy, ; and (B) by striking clause (ii); and (C) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively. (2) Section 1235(9)(B) of such Act ( 20 U.S.C. 6381d(9)(B) ) is amended by striking any relevant programs under the Adult Education and Family Literacy Act, the Individuals with Disabilities Education Act, and title I of the Workforce Investment Act of 1998 and inserting any relevant programs under the Adult Education and Family Literacy Act, the Individuals with Disabilities Education Act, and title I of the Workforce Innovation and Opportunity Act . (3) Section 1423(9) of such Act ( 20 U.S.C. 6453(9) ) is amended by striking a description of how the program under this subpart will be coordinated with other Federal, State, and local programs, such as programs under title I of Public Law 105–220 and inserting a description of how the program under this subpart will be coordinated with other Federal, State, and local programs, such as programs under title I of the Workforce Innovation and Opportunity Act . (4) Section 1425(9) of such Act ( 20 U.S.C. 6455(9) ) is amended by striking coordinate funds received under this subpart with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made available under title I of Public Law 105–220 , and inserting coordinate funds received under this subpart with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made available under title I of the Workforce Innovation and Opportunity Act, . (5) Section 7202(13)(H) of such Act ( 20 U.S.C. 7512(13)(H) ) is amended by striking the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting the Workforce Innovation and Opportunity Act . (j) Environmental Programs Assistance Act of 1984 Section 2(a) of the Environmental Programs Assistance Act of 1984 ( 42 U.S.C. 4368a(a) ) is amended by striking Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Investment Act of 1998 and inserting Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Innovation and Opportunity Act . (k) Energy Conservation and Production Act Section 414(b)(3) of the Energy Conservation and Production Act ( 42 U.S.C. 6864(b)(3) ) is amended by striking securing, to the maximum extent practicable, the services of volunteers and training participants and public service employment workers, pursuant to title I of the Workforce Investment Act of 1998 and inserting securing, to the maximum extent practicable, the services of volunteers and training participants and public service employment workers, pursuant to title I of the Workforce Innovation and Opportunity Act . (l) Food and Nutrition Act of 2008 The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) is amended as follows: (1) Section 5(l) of such Act ( 7 U.S.C. 2014(l) ) is amended by striking Notwithstanding section 181(a)(2) of the Workforce Investment Act of 1998, earnings to individuals participating in on-the-job-training under title I of the Workforce Investment Act of 1998 and inserting Notwithstanding section 181(a)(2) of the Workforce Innovation and Opportunity Act, earnings to individuals participating in on-the-job training under title I of such Act . (2) Section 6 of such Act ( 7 U.S.C. 2015 ) is amended— (A) in subsection (d)(4)(M), by striking activities under title I of the Workforce Investment Act of 1998 and inserting activities under title I of the Workforce Innovation and Opportunity Act ; (B) in subsection (e)(3)(A), by striking a program under title I of the Workforce Investment Act of 1998 and inserting a program under title I of the Workforce Innovation and Opportunity Act ; and (C) in subsection (o)(1)(A), by striking a program under the title I of the Workforce Investment Act of 1998 and inserting a program under title I of the Workforce Innovation and Opportunity Act . (3) Section 17(b)(2) of such Act ( 7 U.S.C. 2026(b)(2) ) is amended by striking a program carried out under title I of the Workforce Investment Act of 1998 and inserting a program carried out under title I of the Workforce Innovation and Opportunity Act . (m) Full Employment and Balanced Growth Act of 1978 Section 206 of the Full Employment and Balanced Growth Act of 1978 ( 15 U.S.C. 3116 ) is amended— (1) in subsection (b), in the matter preceding paragraph (1), by striking the Secretary of Labor shall, as appropriate, fully utilize the authority provided under the Job Training Partnership Act and title I of the Workforce Investment Act of 1998 and inserting the Secretary of Labor shall, as appropriate, fully utilize the authority provided under title I of the Workforce Innovation and Opportunity Act ; and (2) in subsection (c)(1), by striking the President shall, as may be authorized by law, establish reservoirs of public employment and private nonprofit employment projects, to be approved by the Secretary of Labor, through expansion of title I of the Workforce Investment Act of 1998 and inserting the President shall, as may be authorized by law, establish reservoirs of public employment and private nonprofit employment projects, to be approved by the Secretary of Labor, through expansion of activities under title I of the Workforce Innovation and Opportunity Act . (n) Higher Education Act of 1965 The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended as follows: (1) Section 418A of such Act ( 20 U.S.C. 1070d–2 ) is amended— (A) in subsection (b)(1)(B)(ii), by striking section 167 of the Workforce Investment Act of 1998 and inserting section 167 of the Workforce Innovation and Opportunity Act ; and (B) in subsection (c)(1)(A), by striking section 167 of the Workforce Investment Act of 1998 and inserting section 167 of the Workforce Innovation and Opportunity Act . (2) Section 479(d)(1) of such Act ( 20 U.S.C. 1087ss(d)(1) ) is amended by striking The term dislocated worker has the meaning given the term in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 ) and inserting The term dislocated worker has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act . (3) Section 479A(a) of such Act ( 20 U.S.C. 1087tt(a) ) is amended by striking a dislocated worker (as defined in section 101 of the Workforce Investment Act of 1998) and inserting a dislocated worker (as defined in section 3 of the Workforce Innovation and Opportunity Act) . (4) Section 480(b)(1)(I) of such Act ( 20 U.S.C. 1087vv(b)(1)(I) ) is amended by striking benefits received through participation in employment and training activities under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting benefits received through participation in employment and training activities under title I of the Workforce Innovation and Opportunity Act . (5) Section 803 of such Act ( 20 U.S.C. 1161c ) is amended— (A) in subsection (i)(1), by striking for changes to this Act and related Acts, such as the Carl D. Perkins Career and Technical Education Act of 2006 and the Workforce Investment Act of 1998 (including titles I and II), to help create and sustain business and industry workforce partnerships at institutions of higher education and inserting for changes to this Act and related Acts, such as the Carl D. Perkins Career and Technical Education Act of 2006 and the Workforce Innovation and Opportunity Act (including titles I and II), to help create and sustain business and industry workforce partnerships at institutions of higher education ; and (B) in subsection (j)(1)— (i) in subparagraph (A)(ii), by striking local board (as such term is defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) and inserting local board (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act) ; and (ii) in subparagraph (B), by striking a State board (as such term is defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) and inserting a State board (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act) . (6) Section 861(c)(1)(B) of such Act ( 20 U.S.C. 1161q(c)(1)(B) ) is amended by striking local boards (as such term is defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) and inserting local boards (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act) . (7) Section 872(b)(2)(E) of such Act ( 20 U.S.C. 1161s(b)(2)(E) ) is amended by striking local boards (as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) and inserting local boards (as defined in section 3 of the Workforce Innovation and Opportunity Act) . (o) Housing Act of 1949 Section 504(c)(3) of the Housing Act of 1949 ( 42 U.S.C. 1474(c)(3) ) is amended by striking an insufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Investment Act of 1998 or the Older American Community Service Employment Act, and inserting an insufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Innovation and Opportunity Act or the Community Service Senior Opportunities Act, . (p) Housing and Urban Development Act of 1968 Section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701u ) is amended— (1) in subsection (c)— (A) in paragraph (1)(B)(iii), by striking participants in YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of 1998 and inserting participants in YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act ; and (B) in paragraph (2)(B), by striking participants in YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of 1998 and inserting participants in YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act ; and (2) in subsection (d)— (A) in paragraph (1)(B)(iii), by striking To YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of 1998 and inserting To YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act ; and (B) in paragraph (2)(B), by striking to YouthBuild programs receiving assistance under section 173A of the Workforce Investment Act of 1998 and inserting to YouthBuild programs receiving assistance under section 171 of the Workforce Innovation and Opportunity Act . (q) Immigration and Nationality Act Section 245A(h)(4)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1255a(h)(4)(F) ) is amended by striking Title I of the Workforce Investment Act of 1998 and inserting Title I of the Workforce Innovation and Opportunity Act . (r) Internal Revenue Code of 1986 Section 7527(e)(2) of the Internal Revenue Code of 1986 is amended by inserting (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act) after of 1998 . (s) McKinney-Vento Homeless Assistance Act Section 103(c)(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302(c)(2) ) is amended by striking a homeless individual shall be eligible for assistance under title I of the Workforce Investment Act of 1998 and inserting a homeless individual shall be eligible for assistance under title I of the Workforce Innovation and Opportunity Act . (t) Museum and Library Services Act The Museum and Library Services Act ( 20 U.S.C. 9101 et seq. ) is amended as follows: (1) Section 204(f)(3) of such Act ( 20 U.S.C. 9103(f)(3) ) is amended by striking activities under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) (including activities under section 134(c) of such Act) ( 29 U.S.C. 2864(c) ) and inserting activities under the Workforce Innovation and Opportunity Act (including activities under section 121(e) of such Act)) . (2) Section 224(b)(6)(C) of such Act ( 20 U.S.C. 9134(b)(6)(C) ) is amended— (A) in clause (i), by striking the activities carried out by the State workforce investment board under section 111(d) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2821(d) ) and inserting the activities carried out by the State workforce development board under section 101 of the Workforce Innovation and Opportunity Act ; and (B) in clause (ii), by striking the State's one-stop delivery system established under section 134(c) of such Act ( 29 U.S.C. 2864(c) ) and inserting the State's one-stop delivery system established under section 121(e) of such Act . (u) National and Community Service Act of 1990 The National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq. ) is amended as follows: (1) Section 112(a)(3)(B) of such Act ( 42 U.S.C. 12523(a)(3)(B) ) is amended by striking or who may participate in a Youthbuild program under section 173A of the Workforce Investment Act of 1998 ( 29 U.S.C. 2918a ) and inserting or who may participate in a Youthbuild program under section 171 of the Workforce Innovation and Opportunity Act . (2) Section 199L(a) of such Act ( 42 U.S.C. 12655m(a) ) is amended by striking coordinated with activities supported with assistance made available under programs administered by the heads of such agencies (including title I of the Workforce Investment Act of 1998) and inserting coordinated with activities supported with assistance made available under programs administered by the heads of such agencies (including title I of the Workforce Innovation and Opportunity Act) . (v) National Energy Conservation Policy Act Section 233 of the National Energy Conservation and Policy Act ( 42 U.S.C. 6873 ) is amended, in the matter preceding paragraph (1), by striking a sufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Investment Act of 1998 and the Older American Community Service Employment Act and inserting a sufficient number of volunteers and training participants and public service employment workers, assisted pursuant to title I of the Workforce Innovation and Opportunity Act and the Community Service Senior Opportunities Act . (w) Older Americans Act of 1965 The Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ) is amended as follows: (1) Section 203 of such Act ( 42 U.S.C. 3013 ) is amended— (A) in subsection (a)(2), by striking In particular, the Secretary of Labor shall consult and cooperate with the Assistant Secretary in carrying out title I of the Workforce Investment Act of 1998 and inserting In particular, the Secretary of Labor shall consult and cooperate with the Assistant Secretary in carrying out title I of the Workforce Innovation and Opportunity Act ; and (B) in subsection (b)(1), by striking title I of the Workforce Investment Act of 1998 and inserting title I of the Workforce Innovation and Opportunity Act . (2) Section 321(a)(12) of such Act ( 42 U.S.C. 3030d(a)(12) ) is amended by striking including programs carried out under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting including programs carried out under the Workforce Innovation and Opportunity Act . (3) Section 502 of such Act ( 42 U.S.C. 3056 ) is amended— (A) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (H), by striking will coordinate activities with training and other services provided under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), including utilizing the one-stop delivery system of the local workforce investment areas involved and inserting will coordinate activities with training and other services provided under title I of the Workforce Innovation and Opportunity Act, including utilizing the one-stop delivery system of the local workforce development areas involved ; (II) in subparagraph (O)— (aa) by striking through the one-stop delivery system of the local workforce investment areas involved as established under section 134(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(c) ), and inserting through the one-stop delivery system of the local workforce development areas involved as established under section 121(e) of the Workforce Innovation and Opportunity Act, ; and (bb) by striking and will be involved in the planning and operations of such system pursuant to a memorandum of understanding with the local workforce investment board in accordance with section 121(c) of such Act ( 29 U.S.C. 2841(c) ) and inserting and will be involved in the planning and operations of such system pursuant to a memorandum of understanding with the local workforce development board in accordance with section 121(c) of such Act ; and (III) in subparagraph (Q)— (aa) in clause (i), by striking paragraph (8), relating to coordination with other Federal programs, of section 112(b) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822(b) ) and inserting clauses (ii) and (viii) of paragraph (2)(B), relating to coordination with other Federal programs, of section 102(b) of the Workforce Innovation and Opportunity Act ; and (bb) in clause (ii), by striking paragraph (14), relating to implementation of one-stop delivery systems, of section 112(b) of the Workforce Investment Act of 1998 and inserting paragraph (2)(C)(i), relating to implementation of one-stop delivery systems, of section 102(b) of the Workforce Innovation and Opportunity Act ; and (ii) in paragraph (3)— (I) in subparagraph (A), by striking An assessment and service strategy required by paragraph (1)(N) to be prepared for an eligible individual shall satisfy any condition for an assessment and service strategy or individual employment plan for an adult participant under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ), in order to determine whether such eligible individual also qualifies for intensive or training services described in section 134(d) of such Act ( 29 U.S.C. 2864(d) ). and inserting An assessment and service strategy required by paragraph (1)(N) to be prepared for an eligible individual shall satisfy any condition for an assessment and service strategy or individual employment plan for an adult participant under subtitle B of title I of the Workforce Innovation and Opportunity Act, in order to determine whether such eligible individual also qualifies for career or training services described in section 134(c) of such Act. ; and (II) in subparagraph (B)— (aa) in the subparagraph heading, by striking workforce Investment Act of 1998 and inserting workforce Innovation and Opportunity Act ; and (bb) by striking An assessment and service strategy or individual employment plan prepared under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ) and inserting An assessment and service strategy or individual employment plan prepared under subtitle B of title I of the Workforce Innovation and Opportunity Act ; and (B) in subsection (e)(2)(B)(ii), by striking one-stop delivery systems established under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting one-stop delivery systems established under section 121(e) of the Workforce Innovation and Opportunity Act . (4) Section 503 of such Act ( 42 U.S.C. 3056a ) is amended— (A) in subsection (a)— (i) in paragraph (2)(A), by striking the State and local workforce investment boards established under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting the State and local workforce development boards established under title I of the Workforce Innovation and Opportunity Act ; and (ii) in paragraph (4)(F), by striking plans for facilitating the coordination of activities of grantees in the State under this title with activities carried out in the State under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting plans for facilitating the coordination of activities of grantees in the State under this title with activities carried out in the State under title I of the Workforce Innovation and Opportunity Act ; and (B) in subsection (b)(2)(A), by striking with the program carried out under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting with the program carried out under the Workforce Innovation and Opportunity Act . (5) Section 505(c)(1) ( 42 U.S.C. 3056c(c)(1) ) of such Act is amended by striking activities carried out under other Acts, especially activities provided under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), including activities provided through one-stop delivery systems established under section 134(c)) of such Act ( 29 U.S.C. 2864(c) ), and inserting activities carried out under other Acts, especially activities provided under the Workforce Innovation and Opportunity Act, including activities provided through one-stop delivery systems established under section 121(e) of such Act, . (6) Section 510 of such Act ( 42 U.S.C. 3056h ) is amended— (A) by striking by local workforce investment boards and one-stop operators established under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting by local workforce development boards and one-stop operators established under title I of the Workforce Innovation and Opportunity Act ; and (B) by striking such title I and inserting such title . (7) Section 511 of such Act ( 42 U.S.C. 3056i ) is amended— (A) in subsection (a), by striking Grantees under this title shall be one-stop partners as described in subparagraphs (A) and (B)(vi) of section 121(b)(1) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841(b)(1) ) in the one-stop delivery system established under section 134(c) of such Act ( 29 U.S.C. 2864(c) ) for the appropriate local workforce investment areas and inserting Grantees under this title shall be one-stop partners as described in subparagraphs (A) and (B)(v) of section 121(b)(1) of the Workforce Innovation and Opportunity Act in the one-stop delivery system established under section 121(e) of such Act for the appropriate local workforce development areas ; and (B) in subsection (b)(2), by striking be signatories of the memorandum of understanding established under section 121(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841(c) ) and inserting be signatories of the memorandum of understanding established under section 121(c) of the Workforce Innovation and Opportunity Act . (8) Section 518(b)(2)(F) of such Act ( 42 U.S.C. 3056p(b)(2)(F) ) is amended by striking has failed to find employment after utilizing services provided under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting has failed to find employment after utilizing services provided under title I of the Workforce Innovation and Opportunity Act . (x) Personal Responsibility and Work Opportunity Reconciliation Act of 1996 Section 403(c)(2)(K) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(c)(2)(K) ) is amended by striking Benefits under the title I of the Workforce Investment Act of 1998 and inserting Benefits under title I of the Workforce Innovation and Opportunity Act . (y) Patient Protection and Affordable Care Act Section 5101(d)(3)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 294q(d)(3)(D) ) is amended by striking other health care workforce programs, including those supported through the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), and inserting other health care workforce programs, including those supported through the Workforce Innovation and Opportunity Act, . (z) Public Health Service Act The Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended as follows: (1) Section 399V(e) of such Act ( 42 U.S.C. 280g–11(e) ) is amended by striking one-stop delivery systems under section 134(c) of the Workforce Investment Act of 1998 and inserting one-stop delivery systems under section 121(e) of the Workforce Innovation and Opportunity Act . (2) Section 751(c)(1)(A) of such Act ( 42 U.S.C. 294a(c)(1)(A) ) is amended by striking the applicable one-stop delivery system under section 134(c) of the Workforce Investment Act of 1998, and inserting the applicable one-stop delivery system under section 121(e) of the Workforce Innovation and Opportunity Act, . (3) Section 799B(23) of such Act ( 42 U.S.C. 295p(23) ) is amended by striking one-stop delivery system described in section 134(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(c) ) and inserting one-stop delivery system described in section 121(e) of the Workforce Innovation and Opportunity Act . (aa) Runaway and Homeless Youth Act Section 322(a)(7) of the Runaway and Homeless Youth Act ( 42 U.S.C. 5714–2(a)(7) ) is amended by striking (including services and programs for youth available under the Workforce Investment Act of 1998) and inserting (including services and programs for youth available under the Workforce Innovation and Opportunity Act) . (bb) Second Chance Act of 2007 The Second Chance Act of 2007 ( 42 U.S.C. 17501 et seq. ) is amended as follows: (1) Section 212 of such Act ( 42 U.S.C. 17532 ) is amended— (A) in subsection (c)(1)(B), by striking in coordination with the one-stop partners and one-stop operators (as such terms are defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) that provide services at any center operated under a one-stop delivery system established under section 134(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(c) ), and inserting in coordination with the one-stop partners and one-stop operators (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act) that provide services at any center operated under a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act, ; and (B) in subsection (d)(1)(B)(iii), by striking the local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832 )), and inserting the local workforce development boards established under section 107 of the Workforce Innovation and Opportunity Act, . (2) Section 231(e) of such Act ( 42 U.S.C. 17541(e) ) is amended by striking the one-stop partners and one-stop operators (as such terms are defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) that provide services at any center operated under a one-stop delivery system established under section 134(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(c) ) and inserting the one-stop partners and one-stop operators (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act) that provide services at any center operated under a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act . (cc) Small Business Act Section 7(j)(13)(E) of the Small Business Act ( 15 U.S.C. 636(j)(13)(E) ) is amended by striking an institution eligible to provide skills training or upgrading under title I of the Workforce Investment Act of 1998 and inserting an institution eligible to provide skills training or upgrading under title I of the Workforce Innovation and Opportunity Act . (dd) Social Security Act The Social Security Act ( 42 U.S.C. 301 et seq. ) is amended as follows: (1) Section 403(a)(5) of such Act ( 42 U.S.C. 603(a)(5) ) is amended— (A) in subparagraph (A)(vii)(I), by striking chief elected official (as defined in section 101 of the Workforce Investment Act of 1998) and inserting chief elected official (as defined in section 3 of the Workforce Innovation and Opportunity Act) ; and (B) in subparagraph (D)(ii), by striking local workforce investment board established for the service delivery area pursuant to title I of the Workforce Investment Act of 1998, as appropriate and inserting local workforce development board established for the local workforce development area pursuant to title I of the Workforce Innovation and Opportunity Act, as appropriate . (2) Section 1148(f)(1)(B) of such Act ( 42 U.S.C. 1320b–19(f)(1)(B) ) is amended by striking a one-stop delivery system established under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ) and inserting a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act . (3) Section 1149(a)(3) of such Act ( 42 U.S.C. 1320b–20(a)(3) ) is amended by striking a one-stop delivery system established under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ) and inserting a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act . (4) Section 2008(a) of such Act ( 42 U.S.C. 1397g(a) ) is amended— (A) in paragraph (2)(B), by striking the State workforce investment board established under section 111 of the Workforce Investment Act of 1998 and inserting the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ; and (B) in paragraph (4)(A), by striking a local workforce investment board established under section 117 of the Workforce Investment Act of 1998, and inserting a local workforce development board established under section 107 of the Workforce Innovation and Opportunity Act, . (ee) Title 18 of the United States Code Section 665 of title 18 of the United States Code is amended— (1) in subsection (a), by striking Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving financial assistance or any funds under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 and inserting Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving financial assistance or any funds under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998 ; (2) in subsection (b), by striking a contract of employment in connection with a financial assistance agreement or contract under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 and inserting a contract of employment in connection with a financial assistance agreement or contract under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998 ; and (3) in subsection (c), by striking Whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede, an investigation or inquiry under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998, and inserting Whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede, an investigation or inquiry under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998, . (ff) Title 31 of the United States Code Section 6703(a)(4) of title 31 of the United States Code is amended by striking Programs under title I of the Workforce Investment Act of 1998. and inserting Programs under title I of the Workforce Innovation and Opportunity Act. . (gg) Title 38 of the United States Code Title 38 of the United States Code is amended as follows: (1) Section 4101(9) of title 38 of the United States Code is amended by striking The term intensive services means local employment and training services of the type described in section 134(d)(3) of the Workforce Investment Act of 1998 and inserting The term career services means local employment and training services of the type described in section 134(c)(2) of the Workforce Innovation and Opportunity Act . (2) Section 4102A of title 38 of the United States Code is amended— (A) in subsection (d), by striking participation of qualified veterans and eligible persons in employment and training opportunities under title I of the Workforce Investment Act of 1998 and inserting participation of qualified veterans and eligible persons in employment and training opportunities under title I of the Workforce Innovation and Opportunity Act ; and (B) in subsection (f)(2)(A), by striking be consistent with State performance measures applicable under section 136(b) of the Workforce Investment Act of 1998 and inserting be consistent with State performance accountability measures applicable under section 116(b) of the Workforce Innovation and Opportunity Act . (3) Section 4104A of title 38 of the United States Code is amended— (A) in subsection (b)(1)(B), by striking the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) and inserting the appropriate State boards and local boards (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act) ; and (B) in subsection (c)(1)(A), by striking the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) and inserting the appropriate State boards and local boards (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act) . (4) Section 4110B of title 38 of the United States Code is amended by striking enter into an agreement with the Secretary regarding the implementation of the Workforce Investment Act of 1998 that includes the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822(b) ) and inserting enter into an agreement with the Secretary regarding the implementation of the Workforce Innovation and Opportunity Act that includes the descriptions described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce Innovation and Opportunity Act and a description of how the State board will carry out the activities described in section 101(d)(3)(F) of such Act . (5) Section 4213(a)(4) of title 38 of the United States Code is amended by striking Any employment or training program carried out under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) and inserting Any employment or training program carried out under title I of the Workforce Innovation and Opportunity Act . (hh) Trade Act of 1974 The Trade Act of 1974 ( 19 U.S.C. 2101 et seq. ) is amended as follows: (1) Section 221(a) of such Act ( 19 U.S.C. 2271 ) is amended— (A) in paragraph (1)(C)— (i) by striking , one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) including State employment security agencies, and inserting , one-stop operators or one-stop partners (as defined in section 3 of the Workforce Innovation and Opportunity Act) including State employment security agencies, ; and (ii) by striking or the State dislocated worker unit established under title I of such Act, and inserting or a State dislocated worker unit, ; and (B) in subsection (a)(2)(A), by striking rapid response activities and appropriate core and intensive services (as described in section 134 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864 )) authorized under other Federal laws and inserting rapid response activities and appropriate career services (as described in section 134 of the Workforce Innovation and Opportunity Act) authorized under other Federal laws . (2) Section 222(d)(2)(A)(iv) of such Act ( 19 U.S.C. 2272(d)(2)(A)(iv) ) is amended by striking one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) and inserting one-stop operators or one-stop partners (as defined in section 3 of the Workforce Innovation and Opportunity Act) . (3) Section 236(a)(5) of such Act ( 19 U.S.C. 2296(a)(5) ) is amended— (A) in subparagraph (B), by striking any training program provided by a State pursuant to title I of the Workforce Investment Act of 1998 and inserting any training program provided by a State pursuant to title I of the Workforce Innovation and Opportunity Act ; and (B) in the flush text following subparagraph (H), by striking The Secretary may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). and inserting The Secretary may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of the Workforce Innovation and Opportunity Act. . (4) Section 239 of such Act ( 19 U.S.C. 2311 ) is amended— (A) in subsection (f), by striking Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under sections 235 and 236 of this Act and under title I of the Workforce Investment Act of 1998 and inserting Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under sections 235 and 236 of this Act and under title I of the Workforce Innovation and Opportunity Act ; and (B) in subsection (h), by striking the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822(b) ) and inserting the descriptions described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce Innovation and Opportunity Act, a description of how the State board will carry out the activities described in section 101(d)(3)(F) of such Act, . (ii) United States Housing Act of 1937 Section 23 of the United States Housing Act of 1937 ( 42 U.S.C. 1437u ) is amended— (1) in subsection (b)(2)(A), by striking lack of supportive services accessible to eligible families, which shall include insufficient availability of resources for programs under title I of the Workforce Investment Act of 1998 and inserting lack of supportive services accessible to eligible families, which shall include insufficient availability of resources for programs under title I of the Workforce Innovation and Opportunity Act ; (2) in subsection (f)(2), by striking the local agencies (if any) responsible for carrying out programs under title I of the Workforce Investment Act of 1998 or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act, and inserting the local agencies (if any) responsible for carrying out programs under title I of the Workforce Innovation and Opportunity Act or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act, ; and (3) in subsection (g)— (A) in paragraph (2), by striking any local agencies responsible for programs under title I of the Workforce Investment Act of 1998 or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act and inserting any local agencies responsible for programs under title I of the Workforce Innovation and Opportunity Act or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act ; and (B) in paragraph (3)(H), by striking programs under title I of the Workforce Investment Act of 1998 and any other relevant employment, child care, transportation, training, and education programs in the applicable area and inserting programs under title I of the Workforce Innovation and Opportunity Act and any other relevant employment, child care, transportation, training, and education programs in the applicable area . (jj) Violent Crime Control and Law Enforcement Act of 1994 Section 31113(a)(4)(C) of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 13823(a)(4)(C) ) is amended by striking job training programs authorized under title I of the Workforce Investment Act of 1998 or the Family Support Act of 1988 ( Public Law 100–485 ) and inserting job training programs authorized under title I of the Workforce Innovation and Opportunity Act or the Family Support Act of 1988 ( Public Law 100–485 ) . (kk) Worker Adjustment and Retraining Notification Act Section 3(a)(2) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102(a)(2) ) is amended by striking the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998, and inserting the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Innovation and Opportunity Act, . 513. References (a) Workforce Investment Act of 1998 references Except as otherwise specified, a reference in a Federal law to a provision of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) shall be deemed to refer to the corresponding provision of this Act. (b) Wagner-Peyser Act references Except as otherwise specified, a reference in a Federal law to a provision of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) shall be deemed to refer to the corresponding provision of such Act, as amended by this Act. (c) Disability-related references Except as otherwise specified, a reference in a Federal law to a provision of the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) shall be deemed to refer to the corresponding provision of such Act, as amended by this Act.
Speaker of the House of Representatives. Vice President of the United States and President of the Senate. |
113-hr-803-ih-dtd | 113-hr-803 | 113 | hr | 803 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr803ih.xml | BILLS-113hr803ih.xml | 2023-01-08 17:37:49.263 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H7A1CF6EF6C3743C1A5EBB15E29E15A6D" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 803 IH: SKILLS Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-25
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 803
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="F000450">
Ms. Foxx
</sponsor>
(for
herself,
<cosponsor name-id="K000363">
Mr. Kline
</cosponsor>
,
<cosponsor name-id="R000582">
Mr. Roe of Tennessee
</cosponsor>
,
<cosponsor name-id="R000592">
Mr. Rokita
</cosponsor>
,
<cosponsor name-id="M000508">
Mr. McKeon
</cosponsor>
,
<cosponsor name-id="M001158">
Mr. Marchant
</cosponsor>
,
<cosponsor name-id="S000018">
Mr. Salmon
</cosponsor>
,
<cosponsor name-id="G000558">
Mr. Guthrie
</cosponsor>
,
<cosponsor name-id="D000616">
Mr. DesJarlais
</cosponsor>
,
<cosponsor name-id="B001275">
Mr. Bucshon
</cosponsor>
,
<cosponsor name-id="H001055">
Mr. Heck of Nevada
</cosponsor>
,
<cosponsor name-id="B001284">
Mrs. Brooks of Indiana
</cosponsor>
,
<cosponsor name-id="M001189">
Mr. Messer
</cosponsor>
,
<cosponsor name-id="E000291">
Mrs. Ellmers
</cosponsor>
, and
<cosponsor name-id="S001187">
Mr. Stivers
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HED00">
Committee
on Education and the Workforce
</committee-name>
, and in addition to the
Committees on the
<committee-name committee-id="HJU00">
Judiciary
</committee-name>
,
<committee-name committee-id="HAG00">
Agriculture
</committee-name>
,
<committee-name committee-id="HVR00">
Veterans’ Affairs
</committee-name>
,
<committee-name committee-id="HIF00">
Energy and Commerce
</committee-name>
, and
<committee-name committee-id="HPW00">
Transportation and
Infrastructure
</committee-name>
, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To reform and strengthen the workforce investment system
of the Nation to put Americans back to work and make the United States more
competitive in the 21st century.
</official-title>
</form>
<legis-body id="HAFAFB59AED71492D8ADAAE28D84F447C" style="OLC">
<section id="HAB65EF1C63A440EB957D3BFFD4CD6DE2" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
Supporting Knowledge and Investing in Lifelong Skills Act
</quote>
or the
<quote>
SKILLS Act
</quote>
.
</text>
</section>
<section id="HC29B700BB14441AA8A403038136CCC34" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Table of
contents
</header>
<text display-inline="no-display-inline">
The table of contents
for this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="HAB65EF1C63A440EB957D3BFFD4CD6DE2" level="section">
Sec. 1. Short title.
</toc-entry>
<toc-entry idref="HC29B700BB14441AA8A403038136CCC34" level="section">
Sec. 2. Table of contents.
</toc-entry>
<toc-entry idref="H64182FD0FD2243C08F939EAC6FFD7EF9" level="section">
Sec. 3. References.
</toc-entry>
<toc-entry idref="HF0E8A92A74614581A3CD19A997359DD0" level="section">
Sec. 4. Effective date.
</toc-entry>
<toc-entry idref="H1DF8D7B4534C4E36B113A508B5FDFB0D" level="title">
Title I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of
1998
</toc-entry>
<toc-entry idref="HBEC6921EC245426FAB87DC7A319D9283" level="subtitle">
Subtitle A—Workforce Investment Definitions
</toc-entry>
<toc-entry idref="HF4E81C34231E44AEA8D7B89075F3C237" level="section">
Sec. 101. Definitions.
</toc-entry>
<toc-entry idref="H247364F779C14D28BF0A86476AD27C2F" level="subtitle">
Subtitle B—Statewide and Local Workforce Investment
Systems
</toc-entry>
<toc-entry idref="H67868696FF6743E8B8739BAAFD32BB3D" level="section">
Sec. 102. Purpose.
</toc-entry>
<toc-entry idref="H63EDC94E215C4447AB2B23C213DCBB6F" level="section">
Sec. 103. State workforce investment boards.
</toc-entry>
<toc-entry idref="H4A50739F34C040319783290EA53D641A" level="section">
Sec. 104. State plan.
</toc-entry>
<toc-entry idref="H7F46123D8DD54B52A568860C66482571" level="section">
Sec. 105. Local workforce investment areas.
</toc-entry>
<toc-entry idref="H9D8508B0FEC0440D8DA7217D496193F3" level="section">
Sec. 106. Local workforce investment boards.
</toc-entry>
<toc-entry idref="H32189526D7AF4DB2AE6631635A4EF075" level="section">
Sec. 107. Local plan.
</toc-entry>
<toc-entry idref="H9371661AD8D447D4847D42AE4F291AEB" level="section">
Sec. 108. Establishment of one-stop delivery
system.
</toc-entry>
<toc-entry idref="HEF646BEAFBED4D7EB3E4EFC1977A48B2" level="section">
Sec. 109. Identification of eligible providers of training
services.
</toc-entry>
<toc-entry idref="H5B411FBD1C434147A94B4BB87D9DA391" level="section">
Sec. 110. General authorization.
</toc-entry>
<toc-entry idref="H9F795AEE11E14DF7947FA5B996B4E5C5" level="section">
Sec. 111. State allotments.
</toc-entry>
<toc-entry idref="HA5CA43ABB07B4F72BD6009CC47D9DF08" level="section">
Sec. 112. Within State allocations.
</toc-entry>
<toc-entry idref="HDA559045C34B4D32A9C192DDFA1438D1" level="section">
Sec. 113. Use of funds for employment and training
activities.
</toc-entry>
<toc-entry idref="HA5C5E723606E47409F9E2C8B9D1DBD19" level="section">
Sec. 114. Performance accountability system.
</toc-entry>
<toc-entry idref="HC88F18E67AD74FFA8EFECA846A537BDC" level="section">
Sec. 115. Authorization of appropriations.
</toc-entry>
<toc-entry idref="HC983D4F1F9484A0E92E67EACEF1D297F" level="subtitle">
Subtitle C—Job Corps
</toc-entry>
<toc-entry idref="HC2DB80523559404B81EE7DEE5603EB87" level="section">
Sec. 116. Job Corps purposes.
</toc-entry>
<toc-entry idref="HD84A10163FA644E6A044693EA4C0890D" level="section">
Sec. 117. Job Corps definitions.
</toc-entry>
<toc-entry idref="H83AA9E4D7A2D4327AA029F258CBE5E63" level="section">
Sec. 118. Individuals eligible for the Job Corps.
</toc-entry>
<toc-entry idref="H530B002D24A24F1BA71E5E545E4A357E" level="section">
Sec. 119. Recruitment, screening, selection, and assignment of
enrollees.
</toc-entry>
<toc-entry idref="H582C01B8FA0D4FD58C5A1ECD818C8927" level="section">
Sec. 120. Job Corps centers.
</toc-entry>
<toc-entry idref="HE7AF1D3709FB42238EACA7178CC275A4" level="section">
Sec. 121. Program activities.
</toc-entry>
<toc-entry idref="H90878AC5E5C6415C9AF4C9E90CA355DE" level="section">
Sec. 122. Counseling and job placement.
</toc-entry>
<toc-entry idref="H75621E84F1264C5CBDBA04DD92A40D9B" level="section">
Sec. 123. Support.
</toc-entry>
<toc-entry idref="HBE4517C908C74D57897283681FAD1C07" level="section">
Sec. 124. Operations.
</toc-entry>
<toc-entry idref="HDE764B2939804477B6418F5A8832C8D0" level="section">
Sec. 125. Community participation.
</toc-entry>
<toc-entry idref="H3A46C6CE6AA3462F8BAAF589CF6BB203" level="section">
Sec. 126. Workforce councils.
</toc-entry>
<toc-entry idref="H11BBC119C36F4E90ADF1D1850D602ADE" level="section">
Sec. 127. Technical assistance.
</toc-entry>
<toc-entry idref="H10FA1E8E03354B148B7629107888989C" level="section">
Sec. 128. Special provisions.
</toc-entry>
<toc-entry idref="H0D6B574982654F48B875C3888852158C" level="section">
Sec. 129. Performance accountability management.
</toc-entry>
<toc-entry idref="HD60E100F4B7A4B499B632C767632F468" level="section">
Sec. 130. Closure of low-performing Job Corps
centers.
</toc-entry>
<toc-entry idref="H3F6AE7BBE5F340B195A6B5C7DA7DDFAF" level="section">
Sec. 131. Reforms for opening new Job Corps
centers.
</toc-entry>
<toc-entry idref="HA5DD746DDE4F45C9BEFAA4AA8FD7F673" level="subtitle">
Subtitle D—National Programs
</toc-entry>
<toc-entry idref="HB969EA36E3124171A6455414AF03F845" level="section">
Sec. 132. Technical assistance.
</toc-entry>
<toc-entry idref="H199A9876CBF348AEB6A65FCB22C68DC0" level="section">
Sec. 133. Evaluations.
</toc-entry>
<toc-entry idref="HF52F683FCCE843C993D65A993842CE69" level="subtitle">
Subtitle E—Administration
</toc-entry>
<toc-entry idref="HADD1CCA4F4714491B772B6CF0BAF0BF8" level="section">
Sec. 134. Requirements and restrictions.
</toc-entry>
<toc-entry idref="H6A3F2EE14E4F46B194F3FBD958B8C9CA" level="section">
Sec. 135. Prompt allocation of funds.
</toc-entry>
<toc-entry idref="HC380F4E55C524617B5DF1E41B3A3A14B" level="section">
Sec. 136. Fiscal controls; sanctions.
</toc-entry>
<toc-entry idref="H49B395EBA8DF4FEE8FEACCBAAE0D0EA9" level="section">
Sec. 137. Reports to Congress.
</toc-entry>
<toc-entry idref="H762DBDD8E9E44D23B2598635641B136C" level="section">
Sec. 138. Administrative provisions.
</toc-entry>
<toc-entry idref="HA88C48C3A2CA4E1BAC09BB6B94CBFAE9" level="section">
Sec. 139. State legislative authority.
</toc-entry>
<toc-entry idref="H1D446A839DC84A15BF95805DEA813CEF" level="section">
Sec. 140. General program requirements.
</toc-entry>
<toc-entry idref="H9A2C9A6EF3C4411491EC197F33083C6C" level="section">
Sec. 141. Department Staff.
</toc-entry>
<toc-entry idref="H7F291883C54E4724B271DFC392F33829" level="subtitle">
Subtitle F—State Unified Plan
</toc-entry>
<toc-entry idref="HEB0F164D6BDC4A4D9F3ECC96946A9B20" level="section">
Sec. 142. State unified plan.
</toc-entry>
<toc-entry idref="HFF669BC4683244D887C677F2046D2EA5" level="title">
Title II—ADULT EDUCATION AND FAMILY LITERACY
EDUCATION
</toc-entry>
<toc-entry idref="HAF11B47435E743A2A8003F6485784126" level="section">
Sec. 201. Amendment.
</toc-entry>
<toc-entry idref="H837A923FC052402683CEC3DC1C7633A6" level="title">
Title III—AMENDMENTS TO THE WAGNER-PEYSER ACT
</toc-entry>
<toc-entry idref="HDBA7B386991A4266B3B8FC8D54A82FED" level="section">
Sec. 301. Amendments to the Wagner-Peyser Act.
</toc-entry>
<toc-entry idref="HE0DFA8952FB44C9097F968182895081E" level="title">
Title IV—REPEALS AND CONFORMING AMENDMENTS
</toc-entry>
<toc-entry idref="H612DAE03B58E4478B494CB1093D30E14" level="section">
Sec. 401. Repeals.
</toc-entry>
<toc-entry idref="H60AD8205C0974EFFAB732A3D5A9D5ED4" level="section">
Sec. 402. Amendment to the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
</toc-entry>
<toc-entry idref="H9D1E36305D5B4BC89D0588A8DA29A4F2" level="section">
Sec. 403. Amendments to the Food and Nutrition Act of
2008.
</toc-entry>
<toc-entry idref="HCB457FE9338647A8AD4247761F28609F" level="section">
Sec. 404. Amendments to section 412 of the Immigration and
Nationality Act.
</toc-entry>
<toc-entry idref="H6BF89344136E4ED486CB30681F69EC24" level="section">
Sec. 405. Amendments relating to the Second Chance Act of
2007.
</toc-entry>
<toc-entry idref="H0E6A635050414F87AA3344B76C66FFF8" level="section">
Sec. 406. Amendments to the Omnibus Crime Control and Safe
Streets Act of 1968.
</toc-entry>
<toc-entry idref="H781D4AC96D5747C3B00E559A0375B23F" level="section">
Sec. 407. H–1B nonimmigrant petitioner account.
</toc-entry>
<toc-entry idref="H42A1363BBA9C452FB871002141F30F2D" level="section">
Sec. 408. Conforming amendments to the United States
Code.
</toc-entry>
<toc-entry idref="H7C660BB6A35B4598AD927F3506088071" level="section">
Sec. 409. Conforming amendment to table of
contents.
</toc-entry>
<toc-entry idref="H599F951FDD5E420882ED41DAEA353544" level="title">
Title V—AMENDMENTS TO THE REHABILITATION ACT OF 1973
</toc-entry>
<toc-entry idref="H6D6BEA80717F44928162F020A187509F" level="section">
Sec. 501. Findings.
</toc-entry>
<toc-entry idref="HC9AD86134F504E0BA96D3132FC5E7369" level="section">
Sec. 502. Rehabilitation services administration.
</toc-entry>
<toc-entry idref="HDA248A366CA14943A15EC3C71D94844F" level="section">
Sec. 503. Definitions.
</toc-entry>
<toc-entry idref="HAE00AD740EFF46B2B89787416433A6CD" level="section">
Sec. 504. State plan.
</toc-entry>
<toc-entry idref="HDFA67E763A6648CCB51C20019BAF754A" level="section">
Sec. 505. Scope of services.
</toc-entry>
<toc-entry idref="H1E66E02AEAEA4009B793CEF1D79E243B" level="section">
Sec. 506. Standards and indicators.
</toc-entry>
<toc-entry idref="H4E1DE69396E3405098B906410C2FBC15" level="section">
Sec. 507. Collaboration with industry.
</toc-entry>
<toc-entry idref="H3F426FDAC52F4CFFA1861DA913C7AA8A" level="section">
Sec. 508. Reservation for expanded transition
services.
</toc-entry>
<toc-entry idref="H2A2081542E2749DB9C55F4732B25A7A1" level="section">
Sec. 509. Client assistance program.
</toc-entry>
<toc-entry idref="H65C5817322B34A818E60DDB2F552AFF5" level="section">
Sec. 510. Title III amendments.
</toc-entry>
<toc-entry idref="HD38CC42A6C9340358A2B132F2C5FA91D" level="section">
Sec. 511. Repeal of title VI.
</toc-entry>
<toc-entry idref="H6657637DCA5A406481BC21DE997AE2E3" level="section">
Sec. 512. Chairperson.
</toc-entry>
<toc-entry idref="H35B22B9627CB4EFFB932C1E00657B271" level="section">
Sec. 513. Authorizations of appropriations.
</toc-entry>
<toc-entry idref="HD52F9C64DA2841949A0F43D647B6CCC2" level="section">
Sec. 514. Conforming amendments.
</toc-entry>
</toc>
</section>
<section id="H64182FD0FD2243C08F939EAC6FFD7EF9">
<enum>
3.
</enum>
<header>
References
</header>
<text display-inline="no-display-inline">
Except as otherwise expressly provided,
wherever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the amendment or
repeal shall be considered to be made to a section or other provision of the
Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/9201">
29 U.S.C. 9201 et seq.
</external-xref>
).
</text>
</section>
<section id="HF0E8A92A74614581A3CD19A997359DD0">
<enum>
4.
</enum>
<header>
Effective
date
</header>
<text display-inline="no-display-inline">
Except as otherwise
provided, this Act and the amendments made by this Act shall be effective with
respect to fiscal year 2014 and succeeding fiscal years.
</text>
</section>
<title id="H1DF8D7B4534C4E36B113A508B5FDFB0D">
<enum>
I
</enum>
<header>
AMENDMENTS TO THE
WORKFORCE INVESTMENT ACT of 1998
</header>
<subtitle id="HBEC6921EC245426FAB87DC7A319D9283">
<enum>
A
</enum>
<header>
Workforce
Investment Definitions
</header>
<section id="HF4E81C34231E44AEA8D7B89075F3C237">
<enum>
101.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 101 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
) is
amended—
</text>
<paragraph id="H69EEB422DF9144CA85736FB7581FE05E">
<enum>
(1)
</enum>
<text>
by striking
paragraphs (13) and (24);
</text>
</paragraph>
<paragraph id="H807E4A0A8B8549A493E6EE20C2CC01EF">
<enum>
(2)
</enum>
<text>
by redesignating
paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14)
through (23) as paragraphs (15) through (24), respectively;
</text>
</paragraph>
<paragraph id="H90D3E09853264BB3A9EBD2E387D13C19">
<enum>
(3)
</enum>
<text>
by striking
paragraphs (52) and (53);
</text>
</paragraph>
<paragraph id="H0489CDB40ADC457F8CCDFE47AF5A99E3">
<enum>
(4)
</enum>
<text>
by inserting after
<quote>
In this title:
</quote>
the following new paragraphs:
</text>
<quoted-block id="HF6E85660C9034FB492E83F3420D7F4BD" style="OLC">
<paragraph id="HC2D2EE1FFE704DA798607230B09AB20A">
<enum>
(1)
</enum>
<header>
Accrued
expenditures
</header>
<text>
The term
<term>
accrued expenditures
</term>
means
charges incurred by recipients of funds under this title for a given period
requiring the provision of funds for goods or other tangible property received;
services performed by employees, contractors, subgrantees, subcontractors, and
other payees; and other amounts becoming owed under programs assisted under
this title for which no current services or performance is required, such as
annuities, insurance claims, and other benefit payments.
</text>
</paragraph>
<paragraph id="H1D8E594DA39B4D57A81B4B9107D87F2D">
<enum>
(2)
</enum>
<header>
Administrative
costs
</header>
<text>
The term
<term>
administrative costs
</term>
means
expenditures incurred by State and local workforce investment boards, direct
recipients (including State grant recipients under subtitle B and recipients of
awards under subtitles C and D), local grant recipients, local fiscal agents or
local grant subrecipients, and one-stop operators in the performance of
administrative functions and in carrying out activities under this title which
are not related to the direct provision of workforce investment services
(including services to participants and employers). Such costs include both
personnel and non-personnel and both direct and
indirect.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph display-inline="no-display-inline" id="HA478928C5DF54593A6BE985953F90E5A">
<enum>
(5)
</enum>
<text>
in paragraph (3)
(as so redesignated), by striking
<quote>
Except in sections 127 and 132,
the
</quote>
and inserting
<quote>
The
</quote>
;
</text>
</paragraph>
<paragraph id="H99214051A9D549BF99CEB5270A615550">
<enum>
(6)
</enum>
<text>
by amending
paragraph (5) (as so redesignated) to read as follows:
</text>
<quoted-block id="H57E0FA97E5CA41ABB5923A6AC5FF858C" style="OLC">
<paragraph id="H026D58DDB5D04CFD8111A443E2602188">
<enum>
(5)
</enum>
<header>
Area career and
technical education school
</header>
<text>
The term
<term>
area career and
technical education school
</term>
has the meaning given the term in section
3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C.
2302(3)).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H874A69EDB8A447CFAE10DD2E02906A3C">
<enum>
(7)
</enum>
<text>
in paragraph (6)
(as so redesignated), by inserting
<quote>
(or such other level as the Governor
may establish)
</quote>
after
<quote>
8th grade level
</quote>
;
</text>
</paragraph>
<paragraph id="H24B6067EC757473DBC0867DC3A70FE47">
<enum>
(8)
</enum>
<text>
in paragraph
(10)(C) (as so redesignated), by striking
<quote>
not less than 50 percent of
the cost of the training
</quote>
and inserting
<quote>
a significant portion of
the cost of training, as determined by the local board (or, in the case of an
employer in multiple local areas in the State, as determined by the Governor),
taking into account the size of the employer and such other factors as the
local board determines to be appropriate
</quote>
;
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="H36048CBFA8804112967AA9EB6213C720">
<enum>
(9)
</enum>
<text>
in paragraph (11)
(as so redesignated)—
</text>
<subparagraph id="H67C103F74C20445CB1502DF994F424A7">
<enum>
(A)
</enum>
<text>
in subparagraph
(A)(ii)(II), by striking
<quote>
section 134(c)
</quote>
and inserting
<quote>
section 121(e)
</quote>
;
</text>
</subparagraph>
<subparagraph id="HB8947E7E665C4917BC9D2BE08C7D680D">
<enum>
(B)
</enum>
<text>
in subparagraph
(B)(iii)—
</text>
<clause id="HF7A2698DEE2248B2BD0AA503DBED1CF2">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
134(d)(4)
</quote>
and inserting
<quote>
134(c)(4)
</quote>
;
and
</text>
</clause>
<clause id="H86D3BB5648404E0B891749253C44A0F2">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
intensive services described in section 134(d)(3)
</quote>
and
inserting
<quote>
work ready services described in section
117(d)(5)(C)
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HA78B60F581DA4E6896E55849B50D22C3">
<enum>
(C)
</enum>
<text>
in subparagraph
(C), by striking
<quote>
or
</quote>
after the semicolon;
</text>
</subparagraph>
<subparagraph id="H448231C61168413B9EA584255C9EE81D">
<enum>
(D)
</enum>
<text>
in subparagraph
(D), by striking the period and inserting
<quote>
; or
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HEBAFA1B409494C03BC711EE982A592CB">
<enum>
(E)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H40EF90FF1268424FA3D209E2709851C6" style="OLC">
<subparagraph id="H13375C4816834F7AAD9289EF0FC2F5AC">
<enum>
(E)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="HF96A8E7D50144D908743DBEC49017FCB">
<enum>
(i)
</enum>
<text>
is the spouse of a
member of the Armed Forces on active duty for a period of more than 30 days (as
defined in
<external-xref legal-doc="usc" parsable-cite="usc/10/101">
section 101(d)(2)
</external-xref>
of title 10, United States Code) who has
experienced a loss of employment as a direct result of relocation to
accommodate a permanent change in duty station of such member; or
</text>
</clause>
<clause id="H0F5E289F79FF453EA2418295CCACD94E" indent="up1">
<enum>
(ii)
</enum>
<text>
is the spouse of a member of the
Armed Forces on active duty who meets the criteria described in paragraph
(12)(B).
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H5F971E016B904685AAED4EC972A7AFB7">
<enum>
(10)
</enum>
<text>
in paragraph
(12)(A) (as redesignated)—
</text>
<subparagraph id="H6573269E9E6646CE83E33CA7E424A221">
<enum>
(A)
</enum>
<text>
by striking
<quote>
and
</quote>
after the semicolon and inserting
<quote>
or
</quote>
;
</text>
</subparagraph>
<subparagraph id="HD6F61FC6D698401F985CF5C6F301D242">
<enum>
(B)
</enum>
<text>
by striking
<quote>
(A)
</quote>
and inserting
<quote>
(A)(i)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H0D4218A058564B1C92210EB844FA5534">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="HE032D77F9D41450CA4079617D16F481F" style="OLC">
<clause id="H07B5A30296634F27BCA6C3F7E12D0908" indent="up1">
<enum>
(ii)
</enum>
<text>
is the spouse of a member of the
Armed Forces on active duty for a period of more than 30 days (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/10/101">
section 101(d)(2)
</external-xref>
of title 10, United States Code) whose family income is
significantly reduced because of a deployment (as defined in section 991(b) of
title 10, United States Code, or pursuant to paragraph (4) of such section), a
call or order to active duty pursuant to a provision of law referred to in
<external-xref legal-doc="usc" parsable-cite="usc/10/101">
section 101(a)(13)(B)
</external-xref>
of title 10, United States Code, a permanent change of
station, or the service-connected (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/38/101">
section 101(16)
</external-xref>
of title 38,
United States Code) death or disability of the member;
and
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H74DEBA878F56402D958251DB6808ED47">
<enum>
(11)
</enum>
<text>
in paragraph (13)
(as so redesignated), by inserting
<quote>
or regional
</quote>
after
<quote>
local
</quote>
each place it appears;
</text>
</paragraph>
<paragraph id="HA01CD33788E249AB8C9A570BB9F423CF">
<enum>
(12)
</enum>
<text>
in paragraph (14)
(as so redesignated)—
</text>
<subparagraph id="H9FD1566E4808431AA9FAD96A7891EEEB">
<enum>
(A)
</enum>
<text>
in subparagraph
(A), by striking
<quote>
section 122(e)(3)
</quote>
and inserting
<quote>
section
122
</quote>
;
</text>
</subparagraph>
<subparagraph id="HCDEFA36D33744E58ADC701F981846CD5">
<enum>
(B)
</enum>
<text>
by striking
subparagraph (B), and inserting the following:
</text>
<quoted-block id="HBC330C2F60654FFFBDC5AA7DD1D04C97" style="OLC">
<subparagraph id="HE94A7652C7E6486DA52A28572BB92D8E">
<enum>
(B)
</enum>
<text>
work ready
services, means a provider who is identified or awarded a contract as described
in section 117(d)(5)(C); or
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HF541AD05839F4BC6BE5E9B4B539388EE">
<enum>
(C)
</enum>
<text>
by striking
subparagraph (C);
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="HE11BFBD97AD947E49AFCC9E5DB66BAFF">
<enum>
(13)
</enum>
<text>
in paragraph (15)
(as so redesignated), by striking
<quote>
adult or dislocated worker
</quote>
and
inserting
<quote>
individual
</quote>
;
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="HB3F333BF8D3B431F9A8774CCCCC93C79">
<enum>
(14)
</enum>
<text>
in paragraph
(25)—
</text>
<subparagraph id="H6EF819B97AF5451DB56AA6A6A9401F3A">
<enum>
(A)
</enum>
<text>
in subparagraph
(B), by striking
<quote>
higher of—
</quote>
and all that follows through clause
(ii) and inserting
<quote>
poverty line for an equivalent
period;
</quote>
;
</text>
</subparagraph>
<subparagraph id="HC7D5562F61494139BD42D2B04A64902D">
<enum>
(B)
</enum>
<text>
by redesignating
subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively;
and
</text>
</subparagraph>
<subparagraph id="HC2317A3D97E8413493878B724E00665A">
<enum>
(C)
</enum>
<text>
by inserting after
subparagraph (C) the following:
</text>
<quoted-block id="H1EF564D34B1F4A15BF77F4EC28097175" style="OLC">
<subparagraph id="HAD69CE54D4EB4765AE582D82D28B1CAE">
<enum>
(D)
</enum>
<text>
receives or is
eligible to receive free or reduced price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et
seq.);
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H3C188AE3C7B947678EDC550336A8A2FF">
<enum>
(15)
</enum>
<text>
in paragraph
(32), by striking
<quote>
the Republic of the Marshall Islands, the Federated
States of Micronesia,
</quote>
;
</text>
</paragraph>
<paragraph id="HE49858E6286F49E3883378C7D9D9BE7F">
<enum>
(16)
</enum>
<text>
by amending
paragraph (33) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H547C5C777B2A465099BCEC5886B391BC" style="OLC">
<paragraph id="H70EB5D90056B43778F14D9DF8F0E864F">
<enum>
(33)
</enum>
<header>
Out-of-school
youth
</header>
<text display-inline="yes-display-inline">
The term
<term>
out-of-school youth
</term>
means—
</text>
<subparagraph id="H306F596E20ED4AE2837DCB68AE6E2870">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
an at-risk youth who is a school dropout;
or
</text>
</subparagraph>
<subparagraph id="HC0678D2FBBA54C97BBE0F9E5481C330B">
<enum>
(B)
</enum>
<text>
an at-risk youth
who has received a secondary school diploma or its recognized equivalent but is
basic skills deficient, unemployed, or
underemployed.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H2F4D0E90D56D4E679222CB896E2DEF64">
<enum>
(17)
</enum>
<text>
in paragraph
(38), by striking
<quote>
134(a)(1)(A)
</quote>
and inserting
<quote>
134(a)(1)(B)
</quote>
;
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="H3FEC077A10954F7EB0709E44B9669F1A">
<enum>
(18)
</enum>
<text>
by amending
paragraph (49) to read as follows:
</text>
<quoted-block id="H70E0FAF743C442DF836C4AE10FEF4167" style="OLC">
<paragraph id="H192BD69A882E4FB5BC1A1ED708F2C66E">
<enum>
(49)
</enum>
<header>
Veteran
</header>
<text>
The
term
<term>
veteran
</term>
has the same meaning given the term in section
2108(1) of title 5, United States Code.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph display-inline="no-display-inline" id="HF6C977243D0549DCB6BC65656877543E">
<enum>
(19)
</enum>
<text>
by amending
paragraph (50) to read as follows:
</text>
<quoted-block id="HF78E0452077348698AA0735790303B9D" style="OLC">
<paragraph id="H95ACFCE740FB4B08AE78BCD8E3BB44FF">
<enum>
(50)
</enum>
<header>
Career and
technical education
</header>
<text>
The term
<term>
career and technical
education
</term>
has the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HA172E0AD92E8454FA08883C9EA607772">
<enum>
(20)
</enum>
<text>
in paragraph (51)
by striking
<quote>
, and a youth activity
</quote>
; and
</text>
</paragraph>
<paragraph id="H3EE51AB9863C49E7AD316C5C4DB2FD44">
<enum>
(21)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE020775DBE894EAD8063A4D278770362" style="OLC">
<paragraph id="HE039F7C9F6A144ACB6E8423AD00CAEAA">
<enum>
(52)
</enum>
<header>
At-risk
youth
</header>
<text display-inline="yes-display-inline">
Except as provided in
subtitle C, the term
<term>
at-risk youth
</term>
means an individual who—
</text>
<subparagraph id="H25F92BC133FB433D8C3C82A81EE76D0B">
<enum>
(A)
</enum>
<text>
is not less than
age 16 and not more than age 24;
</text>
</subparagraph>
<subparagraph id="HAAA545735FDB4D1CB293E1ACFA1ECCB3">
<enum>
(B)
</enum>
<text>
is a low-income
individual; and
</text>
</subparagraph>
<subparagraph id="H6BB2F09899FC4DFEB31972C8BC66BC7D">
<enum>
(C)
</enum>
<text>
is an individual
who is one or more of the following:
</text>
<clause id="H87DC490A529C4142BB53C3F074168E03">
<enum>
(i)
</enum>
<text>
a
secondary school dropout;
</text>
</clause>
<clause id="H8D6D9CE49D6B4E479BFD4765E10E7D9B">
<enum>
(ii)
</enum>
<text>
a
youth in foster care (including youth aging out of foster care);
</text>
</clause>
<clause id="H00895E3E9C52488BAA81E053ACD623B4">
<enum>
(iii)
</enum>
<text>
a youth
offender;
</text>
</clause>
<clause id="H196CDABEEA1B4A6ABE4BE82EC80EE748">
<enum>
(iv)
</enum>
<text>
a
youth who is an individual with a disability; or
</text>
</clause>
<clause id="H0C14E9510DBD4270A30D30BED332E8DC">
<enum>
(v)
</enum>
<text>
a
migrant youth.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HB2B9652C07A14E6289FD34E0FBB1F375">
<enum>
(53)
</enum>
<header>
Industry or
sector partnership
</header>
<text display-inline="yes-display-inline">
The term
<term>
industry or sector partnership
</term>
means a partnership of a State or
local board and one or more industries and other entities that have the
capability to help the State or local board determine the immediate and long
term skilled workforce needs of in-demand industries and other occupations
important to the State or local economy, respectively.
</text>
</paragraph>
<paragraph id="H991E5991823D450587D1D74188D6D2F5">
<enum>
(54)
</enum>
<header>
Industry-recognized
credential
</header>
<text display-inline="yes-display-inline">
The term
<term>
industry-recognized credential
</term>
means a credential that is sought
or accepted by companies within the industry sector involved, across multiple
States, as recognized, preferred, or required for recruitment, screening, or
hiring.
</text>
</paragraph>
<paragraph id="HFD594867103C4100B688705C073162E2">
<enum>
(55)
</enum>
<header>
Recognized
postsecondary credential
</header>
<text display-inline="yes-display-inline">
The
term ‘recognized postsecondary credential’ means a credential awarded by a
training provider or postsecondary educational institution based on completion
of all requirements for a program of study, including coursework or tests or
other performance evaluations. The term includes an industry-recognized
credential, a certificate of completion of an apprenticeship, or an associate
or baccalaureate
degree.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
<subtitle id="H247364F779C14D28BF0A86476AD27C2F">
<enum>
B
</enum>
<header>
Statewide and
Local Workforce Investment Systems
</header>
<section id="H67868696FF6743E8B8739BAAFD32BB3D">
<enum>
102.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
Section 106 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811
</external-xref>
) is amended by
adding at the end the following:
<quote>
It is also the purpose of this subtitle
to provide workforce investment activities in a manner that enhances employer
engagement, promotes customer choices in the selection of training services,
and ensures accountability in the use of the taxpayer funds.
</quote>
.
</text>
</section>
<section id="H63EDC94E215C4447AB2B23C213DCBB6F">
<enum>
103.
</enum>
<header>
State workforce
investment boards
</header>
<text display-inline="no-display-inline">
Section 111
(
<external-xref legal-doc="usc" parsable-cite="usc/29/2821">
29 U.S.C. 2821
</external-xref>
) is amended—
</text>
<paragraph id="H3DC1A1F805BB4914AB1B9463DAEF4AC2">
<enum>
(1)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H29B3567430F040D2A9A5DD3A2860A1A5">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="H1269A791CE8F4DE4967947A4B5095B47">
<enum>
(i)
</enum>
<text>
by
striking subparagraph (B);
</text>
</clause>
<clause id="H07271851E4854401B2C0B1A8318DF57C">
<enum>
(ii)
</enum>
<text>
by
redesignating subparagraph (C) as subparagraph (B); and
</text>
</clause>
<clause id="H689E97F726B145A393184638976849F5">
<enum>
(iii)
</enum>
<text>
in
subparagraph (B) (as so redesignated)—
</text>
<subclause id="H903DFFD1248F46A4B533C0E28A33476D">
<enum>
(I)
</enum>
<text>
by amending clause
(i)(I), by striking
<quote>
section 117(b)(2)(A)(i)
</quote>
and inserting
<quote>
section 117(b)(2)(A)
</quote>
;
</text>
</subclause>
<subclause id="HFC44B842709742988B23937DB0CB3481">
<enum>
(II)
</enum>
<text>
by amending
clause (i)(II) to read as follows:
</text>
<quoted-block id="H032792E897004FBD9153B6FB5BD07CC6" style="OLC">
<subclause id="HCF97C319BEF44323846CDBE2D8CE20BF">
<enum>
(II)
</enum>
<text>
represent
businesses, including large and small businesses, with immediate and long-term
employment opportunities in in-demand industries and other occupations
important to the State economy;
and
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H053384D4444C42A49E1D4D3924B92985">
<enum>
(III)
</enum>
<text>
by striking
clause (iii) and inserting the following:
</text>
<quoted-block id="H22E3A576A9F84E2D9CBE127E4FD16131" style="OLC">
<clause id="H4351DA879B8F4644897E1FFAEE291AB1">
<enum>
(iii)
</enum>
<text>
a State agency
official responsible for economic development;
and
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="HA52C25DFFF444F27B7BF07F67FAE092A">
<enum>
(IV)
</enum>
<text>
by striking
clauses (iv) through (vi);
</text>
</subclause>
<subclause id="HB5EBB03DF10841C297F5AD2E1C765C33">
<enum>
(V)
</enum>
<text>
by amending clause
(vii) to read as follows:
</text>
<quoted-block id="H4DCAC892E40F452BB664E4ACE832F790" style="OLC">
<clause id="H3EDFBB87FD894E01ACF99EA93167B984">
<enum>
(vii)
</enum>
<text display-inline="yes-display-inline">
such other representatives and State agency
officials as the Governor may designate, including—
</text>
<subclause id="H1605F0E9ED1B4F7A8DFE8DAFE989F61D">
<enum>
(I)
</enum>
<text>
members of the
State legislature;
</text>
</subclause>
<subclause id="H49469703220F4195832BBD3271A7E8AF">
<enum>
(II)
</enum>
<text>
representatives
of individuals and organizations that have experience with respect to youth
activities;
</text>
</subclause>
<subclause id="HEBD7A6DA17CA4410B1F5AE17CFF8B6E2">
<enum>
(III)
</enum>
<text>
representatives
of individuals and organizations that have experience and expertise in the
delivery of workforce investment activities, including chief executive officers
of community colleges and community-based organizations within the
State;
</text>
</subclause>
<subclause id="H17CAE3896EE14EB0B32BE49D7AF5D2BF">
<enum>
(IV)
</enum>
<text>
representatives
of the lead State agency officials with responsibility for the programs and
activities that are described in section 121(b) and carried out by one-stop
partners; or
</text>
</subclause>
<subclause id="HB3927B2DA8DF4F4EAEBA3C5D009D4AAD">
<enum>
(V)
</enum>
<text>
representatives of
veterans service organizations; and
</text>
</subclause>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="HE0C65789F1484F2EA0D51B5D0C914052">
<enum>
(VI)
</enum>
<text>
by redesignating
clause (vii) (as so amended) as clause (iv); and
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H333FBC32F2D147578EC4FDDDA4958592">
<enum>
(B)
</enum>
<text>
by amending
paragraph (3) to read as follows:
</text>
<quoted-block id="HE83B52C025D847F49F9BDF01142F5128" style="OLC">
<paragraph id="HB272E0BBF3C94D9199623BF84B1EE366">
<enum>
(3)
</enum>
<header>
Majority
</header>
<text>
A
<fraction>
2/3
</fraction>
majority of the members of the board shall be
representatives described in paragraph
(1)(B)(i).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HB9D5389F2C1F4825A2605632B9D3A3FD">
<enum>
(2)
</enum>
<text>
in subsection (c),
by striking
<quote>
(b)(1)(C)(i)
</quote>
and inserting
<quote>
(b)(1)(B)(i)
</quote>
;
</text>
</paragraph>
<paragraph id="H1BCDD912A99F401AB2EDD8AAA05E22B7">
<enum>
(3)
</enum>
<text>
by amending
subsection (d) to read as follows:
</text>
<quoted-block id="HFB91547938B24C3B88C1F3AA361E1254" style="OLC">
<subsection id="H03913A483BC049DB8FB63E69F13896DF">
<enum>
(d)
</enum>
<header>
Functions
</header>
<text>
The
State board shall assist the Governor of the State as follows:
</text>
<paragraph id="HE043D478A1F74280B728950952891160">
<enum>
(1)
</enum>
<header>
State
plan
</header>
<text>
Consistent with section 112, develop a State plan.
</text>
</paragraph>
<paragraph id="H9394C3FD613845168F91E6D135B6428A">
<enum>
(2)
</enum>
<header>
Statewide
workforce development system
</header>
<text>
Review and develop statewide
policies and programs in the State in a manner that supports a comprehensive
Statewide workforce development system that will result in meeting the
workforce needs of the State and its local areas. Such review shall include
determining whether the State should consolidate additional programs into the
Workforce Investment Fund in accordance with section 501(e).
</text>
</paragraph>
<paragraph id="H7AE9F9D1DC1A48ED90235A03259C60F5">
<enum>
(3)
</enum>
<header>
Workforce and
labor market information system
</header>
<text>
Develop a statewide workforce and
labor market information system described in section 15(e) of the Wagner-Peyser
Act, which may include using existing information conducted by the State
economic development entity or related entity in developing such system.
</text>
</paragraph>
<paragraph id="HB6A18A35DF414423AB14D3859AD78FAF">
<enum>
(4)
</enum>
<header>
Employer
engagement
</header>
<text>
Develop strategies across local areas that meet the
needs of employers and support economic growth in the State by enhancing
communication, coordination, and collaboration among employers, economic
development entities, and service providers.
</text>
</paragraph>
<paragraph id="H91FBE715408A42C9B2C785C8A6314E9B">
<enum>
(5)
</enum>
<header>
Designation of
local areas
</header>
<text>
Designate local areas as required under section
116.
</text>
</paragraph>
<paragraph id="HD058CE051E3D430A8D7ADF8E8B0D1948">
<enum>
(6)
</enum>
<header>
One-stop
delivery system
</header>
<text>
Identify and disseminate information on best
practices for effective operation of one-stop centers, including use of
innovative business outreach, partnerships, and service delivery
strategies.
</text>
</paragraph>
<paragraph id="H5FCDE070FFC844ADB18A721E8102C97E">
<enum>
(7)
</enum>
<header>
Program
oversight
</header>
<text>
Conduct the following program oversight:
</text>
<subparagraph id="HF5229264027B43DB808DA606B61323B6">
<enum>
(A)
</enum>
<text>
Reviewing and
approving local plans under section 118.
</text>
</subparagraph>
<subparagraph id="H50DB663DFB534535AED83CF595E77D1A">
<enum>
(B)
</enum>
<text>
Ensuring the
appropriate use and management of the funds provided for State employment and
training activities authorized under section 134.
</text>
</subparagraph>
<subparagraph id="HC2ADB6945F01478F8771D58319FFEED1">
<enum>
(C)
</enum>
<text>
Preparing an
annual report to the Secretary described in section 136(d).
</text>
</subparagraph>
</paragraph>
<paragraph id="H05CE59E9158F4C50B3ACADC5D06B8F49">
<enum>
(8)
</enum>
<header>
Development of
performance measures
</header>
<text>
Develop and ensure continuous improvement of
comprehensive State performance measures, including State adjusted levels of
performance, as described under section
136(b).
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HEA41CC0C55504B5A8647C6DB1132DA6C">
<enum>
(4)
</enum>
<text>
by striking
subsection (e) and redesignating subsection (f) as subsection (e);
</text>
</paragraph>
<paragraph commented="no" id="HAE7C8F861A874EE6B36A904302AE015F">
<enum>
(5)
</enum>
<text>
in subsection (e)
(as so redesignated), by inserting
<quote>
or participate in any action
taken
</quote>
after
<quote>
vote
</quote>
;
</text>
</paragraph>
<paragraph id="HCA8B6CE2898742468EBA517A4BE8335B">
<enum>
(6)
</enum>
<text>
by inserting after
subsection (e) (as so redesignated), the following:
</text>
<quoted-block id="HEDA1404DD723489785929DDED34F4BCD" style="OLC">
<subsection id="H332239C243024E2EADC093B320E915D7">
<enum>
(f)
</enum>
<header>
Staff
</header>
<text>
The
State board may employ staff to assist in carrying out the functions described
in subsection (d).
</text>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H328C717B4281497F864E310C1138FD76">
<enum>
(7)
</enum>
<text>
in subsection (g),
by inserting
<quote>
electronic means and
</quote>
after
<quote>
on a regular
basis through
</quote>
.
</text>
</paragraph>
</section>
<section id="H4A50739F34C040319783290EA53D641A">
<enum>
104.
</enum>
<header>
State
plan
</header>
<text display-inline="no-display-inline">
Section 112 (29 U.S.C.
2822)—
</text>
<paragraph id="H677BB08CD54245EB9027F899C7607BBC">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="HEBB488690CE44F98853C1C34EE648A56">
<enum>
(A)
</enum>
<text>
by striking
<quote>
127 or
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H03EB7CAB29964B829EE57DEC3AAC0AAC">
<enum>
(B)
</enum>
<text>
by striking
<quote>
5-year strategy
</quote>
and inserting
<quote>
3-year
strategy
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H5047A915224440E6AE8438CF91C61D7C">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="HB019A8C254744017806DCF4EA71E064B">
<enum>
(A)
</enum>
<text>
by amending
paragraph (4) to read as follows:
</text>
<quoted-block id="HC71AA0D20E1D4F1B9B72175CA4C8A3EA" style="OLC">
<paragraph id="H5F7003B742F44176B050C63B2D20DA38">
<enum>
(4)
</enum>
<text>
information
describing—
</text>
<subparagraph id="H05BCA9AC831440B6AD2B5A16FE046679">
<enum>
(A)
</enum>
<text>
the economic
conditions in the State;
</text>
</subparagraph>
<subparagraph id="H67F01C45191749FCAD17E518D2B75B7C">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the immediate and long-term skilled
workforce needs of in-demand industries, small businesses, and other
occupations important to the State economy;
</text>
</subparagraph>
<subparagraph id="H66FAC15E7D8F447792A5D01D08B34F58">
<enum>
(C)
</enum>
<text>
the knowledge and
skills of the workforce in the State; and
</text>
</subparagraph>
<subparagraph id="H67B0CDD936F34D2FA917400900B75784">
<enum>
(D)
</enum>
<text>
workforce
development activities (including education and training) in the
State;
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H51776FEFC6AC4B1F8D23461B890542FB">
<enum>
(B)
</enum>
<text>
by amending
paragraph (7) to read as follows:
</text>
<quoted-block id="H205C5C12B21247729C46AE05101BD4B2" style="OLC">
<paragraph id="H7E4176D9655148C289D51A969D70EC5D">
<enum>
(7)
</enum>
<text>
a description of
the State criteria for determining the eligibility of training providers in
accordance with section 122, including how the State will take into account the
performance of providers and whether the training programs relate to
occupations that are
in-demand;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HB7C9B1BBA6044078A423618C0856CC9F">
<enum>
(C)
</enum>
<text>
by amending
paragraph (8) to read as follows:
</text>
<quoted-block id="H400D59473FB642619C97AF4E3C8F72CE" style="OLC">
<paragraph id="H6672F8A2EB6446A39A6A75220D088335">
<enum>
(8)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H707C6840574446C89D72A215AC8914F1">
<enum>
(A)
</enum>
<text>
a description of the
procedures that will be taken by the State to assure coordination of, and avoid
duplication among, the programs and activities identified under section
501(b)(2); and
</text>
</subparagraph>
<subparagraph id="HBC4D35AE11BB4333A053A746386A4CC5" indent="up1">
<enum>
(B)
</enum>
<text>
a description of common data
collection and reporting processes used for the programs and activities
described in subparagraph (A), which are carried out by one-stop partners,
including—
</text>
<clause id="H093E052681CC4F06B83FB22CAA1D05BC">
<enum>
(i)
</enum>
<text>
assurances that such processes use
quarterly wage records for performance measures described in section
136(b)(2)(A) that are applicable to such programs or activities; or
</text>
</clause>
<clause id="H5E51D85A56CC4EB59101501FBC7F22F4">
<enum>
(ii)
</enum>
<text>
if such wage records are not being
used for the performance measures, an identification of the barriers to using
such wage records and a description of how the State will address such barriers
within one year of the approval of the
plan;
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HC8D86AE5B6DC412C8248A43D9D6F1B65">
<enum>
(D)
</enum>
<text>
in paragraph (9),
by striking
<quote>
, including comment by representatives of businesses and
representatives of labor organizations,
</quote>
;
</text>
</subparagraph>
<subparagraph id="H240CF023B0144745838E08233CAE3E4A">
<enum>
(E)
</enum>
<text>
in paragraph (11),
by striking
<quote>
under sections 127 and 132
</quote>
and inserting
<quote>
under section 132
</quote>
;
</text>
</subparagraph>
<subparagraph id="HD03D7F28B10D470C8DF1A57CB541D6DD">
<enum>
(F)
</enum>
<text>
by striking
paragraph (12);
</text>
</subparagraph>
<subparagraph id="H3753A4D422F04179A727E7C26BB72BDD">
<enum>
(G)
</enum>
<text>
by redesignating
paragraphs (13) through (18) as paragraphs (12) through (17),
respectively;
</text>
</subparagraph>
<subparagraph id="H98B5C89BF4314B43B7D8729A28B6215E">
<enum>
(H)
</enum>
<text>
in paragraph (12)
(as so redesignated), by striking
<quote>
111(f)
</quote>
and inserting
<quote>
111(e)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H0A0DB39666604539B6177D3B16FD12CB">
<enum>
(I)
</enum>
<text>
in paragraph (13)
(as so redesignated), by striking
<quote>
134(c)
</quote>
and inserting
<quote>
121(e)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H37A3EC6EE5A249AD9C93EFDB4E4A07DA">
<enum>
(J)
</enum>
<text>
in paragraph (14)
(as so redesignated), by striking
<quote>
116(a)(5)
</quote>
and inserting
<quote>
116(a)(4)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H473910A2AA8B4BE9A56544235FB4FB08">
<enum>
(K)
</enum>
<text>
in paragraph (16)
(as so redesignated)—
</text>
<clause id="HE323D4B4ECB547648AC117640FA432F3">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)—
</text>
<subclause id="HB8CFE59A52BD4AA5A0194577EA015906">
<enum>
(I)
</enum>
<text>
in clause (ii), by
striking
<quote>
to dislocated workers
</quote>
;
</text>
</subclause>
<subclause id="H1E842CEA0DEF474F8F53A6D060CADBD9">
<enum>
(II)
</enum>
<text>
in clause (iii),
by striking
<quote>
134(d)(4)
</quote>
and inserting
<quote>
134(c)(4)
</quote>
;
</text>
</subclause>
<subclause id="HE6BAF09654E042C09EDBF4BAC9562EDC">
<enum>
(III)
</enum>
<text>
by striking
<quote>
and
</quote>
at the end of clause (iii);
</text>
</subclause>
<subclause id="H235CE7AAC1744A2E850334127980210F">
<enum>
(IV)
</enum>
<text>
by amending
clause (iv) to read as follows:
</text>
<quoted-block id="H4BD18B5E372A4D5C88B12BD9809D9DAB" style="OLC">
<clause id="HD904E6DEF3B34BA081BAB872F806BADA">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
how the State will serve the employment and
training needs of dislocated workers (including displaced homemakers),
low-income individuals (including recipients of public assistance such as
supplemental nutrition assistance program benefits pursuant to the Food and
Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2011">
7 U.S.C. 2011 et seq.
</external-xref>
)), long-term unemployed
individuals (including individuals who have exhausted entitlement to State and
Federal unemployment compensation), English learners, homeless individuals,
individuals training for nontraditional employment, youth (including
out-of-school youth and at-risk youth), older workers, ex-offenders, migrant
and seasonal farmworkers, refugee and entrants, veterans (including disabled
and homeless veterans), and Native Americans;
and
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="HAC06F85083584D4DBF6D6FD639189C43">
<enum>
(V)
</enum>
<text>
by adding at the
end the following new clause:
</text>
<quoted-block id="H8C6EEB1252B745C192BB247D0BD12256" style="OLC">
<clause id="H1D27572A66E74CACA833FE4ABD149134">
<enum>
(v)
</enum>
<text>
how the State
will—
</text>
<subclause id="HD3191A484FBA41E7BD0FA11BCF407220">
<enum>
(I)
</enum>
<text>
consistent with
section 188 and Executive Order 13217 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12131">
42 U.S.C. 12131
</external-xref>
note), serve the
employment and training needs of individuals with disabilities; and
</text>
</subclause>
<subclause id="H106CC4E9928C4655B96B2988D8FFAAD7">
<enum>
(II)
</enum>
<text>
consistent with
sections 504 and 508 of the Rehabilitation Act of 1973, include the provision
of outreach, intake, assessments, and service delivery, the development of
performance measures, the training of staff, and other aspects of accessibility
to programs and services under this
subtitle;
</text>
</subclause>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="H4808B31E58004630A34D99C72D346089">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B), by striking
<quote>
to the extent practicable
</quote>
and
inserting
<quote>
in accordance with the requirements of the Jobs for Veterans
Act (
<external-xref legal-doc="public-law" parsable-cite="pl/107/288">
Public Law 107–288
</external-xref>
) and the amendments made by such Act
</quote>
;
and
</text>
</clause>
</subparagraph>
<subparagraph id="HF490AA4569724C70B20FBE694D352BA8">
<enum>
(L)
</enum>
<text>
by striking
paragraph (17) (as so redesignated) and inserting the following:
</text>
<quoted-block id="H9DD170A5C98543EFBE39A2B68D7E291B" style="OLC">
<paragraph display-inline="no-display-inline" id="H4396EA9BAF7A4A54AE62BF84B7D64FD2">
<enum>
(17)
</enum>
<text>
a description of
the strategies and services that will be used in the State—
</text>
<subparagraph id="H7BC51952F3624BC39A07024F69C590FF">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
to more fully engage employers, including
small businesses and employers in in-demand industries and occupations
important to the State economy;
</text>
</subparagraph>
<subparagraph id="HD1CAFB58198A477F9F4D4F080F4CF589">
<enum>
(B)
</enum>
<text>
to meet the needs
of employers in the State; and
</text>
</subparagraph>
<subparagraph id="HE295C383C4ED432AB80320BAA893DA7B">
<enum>
(C)
</enum>
<text>
to better
coordinate workforce development programs with economic development
activities;
</text>
</subparagraph>
</paragraph>
<paragraph id="H11282F4FC6FE47B8A540F974196DC4E4">
<enum>
(18)
</enum>
<text>
a description of
how the State board will convene (or help to convene) industry or sector
partnerships that lead to collaborative planning, resource alignment, and
training efforts across multiple firms for a range of workers employed or
potentially employed by a targeted industry cluster—
</text>
<subparagraph id="H9F9DE780F6F84BC9B36C6EAAEA8C5353">
<enum>
(A)
</enum>
<text>
to encourage
industry growth and competitiveness and to improve worker training, retention,
and advancement in targeted industry clusters;
</text>
</subparagraph>
<subparagraph id="H15A7BFEB422F4024BDFA658A9482B4D2">
<enum>
(B)
</enum>
<text>
to address the
immediate and long-term skilled workforce needs of in-demand industries and
other occupations important to the State economy, and
</text>
</subparagraph>
<subparagraph id="H094EF8789E8741BEB159A2CE57E144B9">
<enum>
(C)
</enum>
<text>
to address
critical skill gaps within and across industries;
</text>
</subparagraph>
</paragraph>
<paragraph id="HB97E992E49A24D7CBB6CEBC76FF7B2B4">
<enum>
(19)
</enum>
<text>
a description of
how the State will utilize technology to facilitate access to services in
remote areas, which may be used throughout the State;
</text>
</paragraph>
<paragraph id="H94ED1B736A60446CB44B0D520D1346F5">
<enum>
(20)
</enum>
<text>
a description of
the State strategy and assistance to be provided for encouraging regional
cooperation within the State and across State borders, as appropriate;
</text>
</paragraph>
<paragraph id="HC908AAA747754CE5B1BAE257BFF185CD">
<enum>
(21)
</enum>
<text>
a description of
the actions that will be taken by the State to foster communication,
coordination, and partnerships with non-profit organizations (including public
libraries, community, faith-based, and philanthropic organizations) that
provide employment-related, training, and complementary services, to enhance
the quality and comprehensiveness of services available to participants under
this title;
</text>
</paragraph>
<paragraph id="HD3CCFD2D043443BABB32634AEDBE3AB6">
<enum>
(22)
</enum>
<text>
a description of
the process and methodology for determining—
</text>
<subparagraph id="HE328EA36BE9A465C84E688E2CCD2EE55">
<enum>
(A)
</enum>
<text>
one-stop partner
program contributions for the cost of the infrastructure of one-stop centers
under section 121(h)(1); and
</text>
</subparagraph>
<subparagraph id="H1AAD6420F5A7450196A56623A71A508B">
<enum>
(B)
</enum>
<text>
the formula for
allocating such infrastructure funds to local areas under section
121(h)(3);
</text>
</subparagraph>
</paragraph>
<paragraph id="H721B097D92804D36A94819E6AC204EC4">
<enum>
(23)
</enum>
<text display-inline="yes-display-inline">
a description of the strategies and
services that will be used in the State to assist at-risk youth and
out-of-school youth in acquiring the education and skills, credentials
(including recognized postsecondary credentials and industry-recognized
credentials), and employment experience to succeed in the labor market,
including—
</text>
<subparagraph id="H982033D9416F4C81A0651E156482194C">
<enum>
(A)
</enum>
<text>
training and
internships in in-demand industries or occupations important to the State and
local economy;
</text>
</subparagraph>
<subparagraph id="HE183E27B80124C03AFD25068A809EF7C">
<enum>
(B)
</enum>
<text>
dropout recovery
activities that are designed to lead to the attainment of a regular secondary
school diploma or its recognized equivalent, or other State recognized
equivalent (including recognized alternative standards for individuals with
disabilities); and
</text>
</subparagraph>
<subparagraph id="HD224091CD7644E7AA113764FF88FE997">
<enum>
(C)
</enum>
<text>
activities
combining remediation of academic skills, work readiness training, and work
experience, and including linkages to postsecondary education and training and
career-ladder employment; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HEFA2943AEB6B48A9970F507A64410629">
<enum>
(24)
</enum>
<text>
a description
of—
</text>
<subparagraph id="H6A94D61368254A9CBE8F1B0A306C277F">
<enum>
(A)
</enum>
<text>
how the State will
furnish employment, training, supportive, and placement services to veterans,
including disabled and homeless veterans;
</text>
</subparagraph>
<subparagraph id="H4C3B92D949444F3B9A4A5C5587E08F66">
<enum>
(B)
</enum>
<text>
the strategies and
services that will be used in the State to assist and expedite reintegration of
homeless veterans into the labor force; and
</text>
</subparagraph>
<subparagraph id="H07D83E4BA673420D80F8E583A79F8438">
<enum>
(C)
</enum>
<text>
the veteran
population to be served in the
State.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H01E149FE32D84EBC956C9BA99B5F2BB9">
<enum>
(3)
</enum>
<text>
in subsection (c),
by striking
<quote>
period, that—
</quote>
all that follows through paragraph (2)
and inserting
<quote>
period, that the plan is inconsistent with the provisions
of this title.
</quote>
; and
</text>
</paragraph>
<paragraph id="H114EB5F5CF0A40A0ADA247346D7847A2">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
in subsection (d), by striking
<quote>
5-year
</quote>
and inserting
<quote>
3-year
</quote>
.
</text>
</paragraph>
</section>
<section id="H7F46123D8DD54B52A568860C66482571">
<enum>
105.
</enum>
<header>
Local workforce
investment areas
</header>
<text display-inline="no-display-inline">
Section 116
(
<external-xref legal-doc="usc" parsable-cite="usc/29/2831">
29 U.S.C. 2831
</external-xref>
) is amended—
</text>
<paragraph id="H5E8985E4D8DA4584863FF9180B30A60E">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="H01BE1299638547D7ABF43B5710FA165B">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="HFF45D2FA9CF147E49FB88C65A3C1B1E4">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)—
</text>
<subclause id="H53766AC0CA8E461F8F07EE57C4FE1989">
<enum>
(I)
</enum>
<text>
by striking
<quote>
Except as provided in subsection (b), and consistent with paragraphs
(2), (3), and (4), in
</quote>
and inserting
<quote>
In
</quote>
; and
</text>
</subclause>
<subclause id="H11DAB48612F742EEB0088B7B9F974728">
<enum>
(II)
</enum>
<text>
by striking
<quote>
127 or
</quote>
; and
</text>
</subclause>
</clause>
<clause id="H248BE59F96464432B51C5372EAC43478">
<enum>
(ii)
</enum>
<text>
by
amending subparagraph (B) to read as follows:
</text>
<quoted-block id="H8733D9FE7A084B7BAB472ED0AC71D0B8" style="OLC">
<subparagraph id="HBAC794CE578D495B9A56F3311FB6FE93">
<enum>
(B)
</enum>
<header>
Considerations
</header>
<text>
In
making the designation of local areas, the Governor shall take into
consideration the following:
</text>
<clause id="H164E44C2F44047DCB45913DD47888CC2">
<enum>
(i)
</enum>
<text>
The extent to
which such local areas are consistent with labor market areas.
</text>
</clause>
<clause id="HE973D268415C4822AD7969882364C121">
<enum>
(ii)
</enum>
<text>
The extent to
which labor market areas align with economic development regions.
</text>
</clause>
<clause id="H9E3CDA4091BC44F3AAF802C3DA99F533">
<enum>
(iii)
</enum>
<text>
Whether such
local areas have the appropriate education and training providers to meet the
needs of the local workforce.
</text>
</clause>
<clause id="HE7486306495D4957807572AA131A2EE9">
<enum>
(iv)
</enum>
<text>
The distance that
individuals will need to travel to receive services provided in such local
areas.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HC292858BB2D3442784B4CD820CDD2421">
<enum>
(B)
</enum>
<text>
by amending
paragraph (2) to read as follows:
</text>
<quoted-block id="H509FC2CF0FA9452BBC3AF740EEE525AB" style="OLC">
<paragraph id="HA6B0879B4D0E495CA817247E372000A0">
<enum>
(2)
</enum>
<header>
Technical
assistance
</header>
<text>
The Secretary shall, if requested by the Governor of a
State, provide the State with technical assistance in making the determinations
required under paragraph (1). The Secretary shall not issue regulations
governing determinations to be made under paragraph
(1).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HD1D905D14876486297467FBAD60BACC4">
<enum>
(C)
</enum>
<text>
by striking
paragraph (3) and inserting the following:
</text>
<quoted-block id="HAFC49D9DE088477A95F1F80833E7CFE7" style="OLC">
<paragraph id="H5893E9E7703943F3B860ABDD2BF5B468">
<enum>
(3)
</enum>
<header>
Designation on
recommendation of state board
</header>
<text>
The Governor may approve a request
from any unit of general local government (including a combination of such
units) for designation as a local area under paragraph (1) if the State board
determines, taking into account the factors described in clauses (i) through
(iv) of paragraph (1)(B), and recommends to the Governor, that such area shall
be so
designated.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HFEC799277C9548038ABF2A6BDF5E1FFB">
<enum>
(D)
</enum>
<text>
by striking
paragraph (4); and
</text>
</subparagraph>
<subparagraph id="H64206E1E04E4409FB66FE57578ED7BA6">
<enum>
(E)
</enum>
<text>
by redesignating
paragraph (5) as paragraph (4);
</text>
</subparagraph>
</paragraph>
<paragraph id="HC8878CB333A444DFA38DB870AA6F3DF9">
<enum>
(2)
</enum>
<text>
by amending
subsection (b) to read as follows:
</text>
<quoted-block id="HFC0B3E769651447CB8FC06425FEA08C9" style="OLC">
<subsection id="H23F379716CE24273A83B781D5696E292">
<enum>
(b)
</enum>
<header>
Single
states
</header>
<text>
Consistent with subsection (a)(1)(B), the Governor may
designate a State as a single State local area for the purposes of this
title.
</text>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H3C9B85A78F124B7FAA71EB2B00E0D4F0">
<enum>
(3)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="HFAF4E412EB3F46D5AFD8BF9BDD6CC6CA">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by adding at the end the following:
<quote>
The State may require the local
boards for the designated region to prepare a single regional plan that
incorporates the elements of the local plan under section 118 and that is
submitted and approved in lieu of separate local plans under such
section.
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HE258A94864A540BCA87ACCA76811CE76">
<enum>
(B)
</enum>
<text>
in paragraph (2),
by striking
<quote>
employment statistics
</quote>
and inserting
<quote>
workforce
and labor market information
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H9D8508B0FEC0440D8DA7217D496193F3">
<enum>
106.
</enum>
<header>
Local workforce
investment boards
</header>
<text display-inline="no-display-inline">
Section 117
(
<external-xref legal-doc="usc" parsable-cite="usc/29/2832">
29 U.S.C. 2832
</external-xref>
) is amended—
</text>
<paragraph id="HDDC9227AFD7A4C08BEA1422D5DF0A91F">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (b)—
</text>
<subparagraph id="H994A8316F36F45E39F9C7F986C31E7ED">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
in paragraph (2)—
</text>
<clause id="HF19079F6A6BB40D987B6D3404DAC2372">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)—
</text>
<subclause id="HD9D5CFF415DA40A88F1C1DD27FDBA958">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
include—
</quote>
and all
that follows through
<quote>
representatives
</quote>
and inserting
<quote>
include representatives
</quote>
;
</text>
</subclause>
<subclause id="H2548DC563E6443BAA3EDE9568B5859AB">
<enum>
(II)
</enum>
<text>
by striking
clauses (ii) through (vi);
</text>
</subclause>
<subclause id="H5AF8FB6DC6084419BC477B17DADA2831">
<enum>
(III)
</enum>
<text>
by redesignating
subclauses (I) through (III) as clauses (i) through (iii), respectively (and by
moving the margins of such clauses 2 ems to the left);
</text>
</subclause>
<subclause id="H15E14BE276034831BB418F68EF6D3160">
<enum>
(IV)
</enum>
<text>
by striking
clause (ii) (as so redesignated) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA34FC193B808458EB3FD502F22AEBFB2" style="OLC">
<clause id="H04DFE661D67B4600861F6D328E79CC06">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
represent businesses, including large and
small businesses, with immediate and long-term employment opportunities in
in-demand industries and other occupations important to the local economy;
and
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H148876E65EF6401A8FA124323F11B3A0">
<enum>
(V)
</enum>
<text>
by striking the
semicolon at the end of clause (iii) (as so redesignated) and inserting
<quote>
; and
</quote>
; and
</text>
</subclause>
</clause>
<clause id="H79FAA4F5FA6048DEA8FFA03AC97F7F27">
<enum>
(ii)
</enum>
<text>
by
amending subparagraph (B) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HC084A318021049E2B1863DC204F6EBAB" style="OLC">
<subparagraph id="H6712CF6F32B640E29B46D6E3A12D0DD8">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
may include such other individuals or
representatives of entities as the chief elected official in the local area may
determine to be appropriate, including—
</text>
<clause id="H784A2F65E8384588B53454020C6C54AD">
<enum>
(i)
</enum>
<text>
a
superintendent of the local secondary school system, the president or chief
executive officer of a postsecondary educational institution (including a
community college, where such an entity exists), or an administrator of local
entities providing adult education and literacy activities;
</text>
</clause>
<clause id="HA57BCCEA84C74D4D9DB11E2A1FAE6F3C">
<enum>
(ii)
</enum>
<text>
representatives
of community-based organizations (including organizations representing
individuals with disabilities and veterans, for a local area in which such
organizations are present); or
</text>
</clause>
<clause id="HC4C9E15855AC4970B2CC33C0F0C530BD">
<enum>
(iii)
</enum>
<text>
representatives
of veterans service
organizations.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HFAEBA89CA31B4C33BE574E454CEFEB35">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in paragraph (4)—
</text>
<clause id="H54DBE42A685843D9A238EE167F4E0E9A">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
A majority
</quote>
and inserting
<quote>
A
<fraction>
2/3
</fraction>
majority
</quote>
; and
</text>
</clause>
<clause id="H5BDBB0EB73444C3C9681E0D0DA74C743">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
(2)(A)(i)
</quote>
and inserting
<quote>
(2)(A)
</quote>
;
and
</text>
</clause>
</subparagraph>
<subparagraph id="H703A0E74A5134799963BB567D4A33E09">
<enum>
(C)
</enum>
<text>
in paragraph (5)
by striking
<quote>
(2)(A)(i)
</quote>
and inserting
<quote>
(2)(A)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H6E43C7CEE68942AD8D0B14735A1EA3C9">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by striking subsection (c)(1)(C);
</text>
</paragraph>
<paragraph id="H7D18B4539AC647CC9A53DF030A412A76">
<enum>
(3)
</enum>
<text>
by amending
subsection (d) to read as follows:
</text>
<quoted-block id="HAE692A80CF364F899F4F2834FFD1F39E" style="OLC">
<subsection id="H9A121720C58949C2BD188943E1858076">
<enum>
(d)
</enum>
<header>
Functions of
local board
</header>
<text>
The functions of the local board shall include the
following:
</text>
<paragraph id="H3D4CCEF221384F20885BBF791683352E">
<enum>
(1)
</enum>
<header>
Local
plan
</header>
<text>
Consistent with section 118, each local board, in
partnership with the chief elected official for the local area involved, shall
develop and submit a local plan to the Governor.
</text>
</paragraph>
<paragraph id="HD3342A2B3963464BABDAD27A62C7FE4B">
<enum>
(2)
</enum>
<header>
Workforce
research and regional labor market analysis
</header>
<subparagraph id="HE5A3DC27A61B4C598B0613E00FBF4BAA">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The local board shall—
</text>
<clause id="H27AB0452F9F74863A7DAF67251786B78">
<enum>
(i)
</enum>
<text>
conduct, and
regularly update, an analysis of—
</text>
<subclause id="HC12FDB3D3777479DA6D62F63089182D8">
<enum>
(I)
</enum>
<text>
the economic
conditions in the local area;
</text>
</subclause>
<subclause id="H4AC89BBC86654B289BDA66211037AA1C">
<enum>
(II)
</enum>
<text>
the immediate and
long-term skilled workforce needs of in-demand industries and other occupations
important to the local economy;
</text>
</subclause>
<subclause id="H2CD20E7734CE4D2290E65CA9913491E5">
<enum>
(III)
</enum>
<text>
the knowledge
and skills of the workforce in the local area; and
</text>
</subclause>
<subclause id="H8CF2B97BF16C41EB9A8AEB9D728840FA">
<enum>
(IV)
</enum>
<text>
workforce
development activities (including education and training) in the local area;
and
</text>
</subclause>
</clause>
<clause id="HA28378D0EDEF493B96C65EE16950CA3D">
<enum>
(ii)
</enum>
<text>
assist the
Governor in developing the statewide workforce and labor market information
system described in section 15(e) of the Wagner-Peyser Act.
</text>
</clause>
</subparagraph>
<subparagraph id="H4405B1FD8DDD45CEA668E6723F70BA38">
<enum>
(B)
</enum>
<header>
Existing
analysis
</header>
<text>
A local board shall use existing analysis by the local
economic development entity or related entity in order to carry out
requirements of subparagraph (A)(i).
</text>
</subparagraph>
</paragraph>
<paragraph id="H1D87B7F48E8346278C37FCF71FE16F6A">
<enum>
(3)
</enum>
<header>
Employer
engagement
</header>
<text>
The local Board shall meet the needs of employers and
support economic growth in the local area by enhancing communication,
coordination, and collaboration among employers, economic development entities,
and service providers.
</text>
</paragraph>
<paragraph id="H7497EE30B1604E21804C23AB423751F6">
<enum>
(4)
</enum>
<header>
Budget and
administration
</header>
<subparagraph id="HCD7D60C660D247758F0AAC302FAE7426">
<enum>
(A)
</enum>
<header>
Budget
</header>
<clause id="H8AFCE3747107427896C304CA6B0AD9FC">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
The local board shall develop a budget for the activities
of the local board in the local area, consistent with the requirements of this
subsection.
</text>
</clause>
<clause id="H9C9F57A7CC864AE793137E97E04C48CE">
<enum>
(ii)
</enum>
<header>
Training
reservation
</header>
<text>
In developing a budget under clause (i), the local
board shall reserve a percentage of funds to carry out the activities specified
in section 134(c)(4). The local board shall use the analysis conducted under
paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve
under this clause.
</text>
</clause>
</subparagraph>
<subparagraph id="H3F2EE710C85543C59FD58F6EF2517041">
<enum>
(B)
</enum>
<header>
Administration
</header>
<clause id="H5FE32F42314D422383FB206166713D7C">
<enum>
(i)
</enum>
<header>
Grant
recipient
</header>
<subclause id="H8A1DC04D36024CA08A0BC3B4DEC3949A">
<enum>
(I)
</enum>
<header>
In
general
</header>
<text>
The chief elected official in a local area shall serve as
the local grant recipient for, and shall be liable for any misuse of, the grant
funds allocated to the local area under section 133, unless the chief elected
official reaches an agreement with the Governor for the Governor to act as the
local grant recipient and bear such liability.
</text>
</subclause>
<subclause id="H48256444877F48629A51197B750743B3">
<enum>
(II)
</enum>
<header>
Designation
</header>
<text>
In
order to assist in administration of the grant funds, the chief elected
official or the Governor, where the Governor serves as the local grant
recipient for a local area, may designate an entity to serve as a local grant
subrecipient for such funds or as a local fiscal agent. Such designation shall
not relieve the chief elected official or the Governor of the liability for any
misuse of grant funds as described in subclause (I).
</text>
</subclause>
<subclause id="H0520DC82A11B412D82ADF3C726363F0F">
<enum>
(III)
</enum>
<header>
Disbursal
</header>
<text>
The
local grant recipient or an entity designated under subclause (II) shall
disburse the grant funds for workforce investment activities at the direction
of the local board, pursuant to the requirements of this title. The local grant
recipient or entity designated under subclause (II) shall disburse the funds
immediately on receiving such direction from the local board.
</text>
</subclause>
</clause>
<clause id="HCB34929955D04F3F954AEF5BB4056656">
<enum>
(ii)
</enum>
<header>
Staff
</header>
<text>
The
local board may employ staff to assist in carrying out the functions described
in this subsection.
</text>
</clause>
<clause id="H104C1CAA2B8B473E9CBDCFDCE8DD3BC7">
<enum>
(iii)
</enum>
<header>
Grants and
donations
</header>
<text>
The local board may solicit and accept grants and
donations from sources other than Federal funds made available under this
Act.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HCAD1C9B00E2B4B428072A80DEEA8F47F">
<enum>
(5)
</enum>
<header>
Selection of
operators and providers
</header>
<subparagraph id="HED62CD1258C0407D9EC4B4759018E3B8">
<enum>
(A)
</enum>
<header>
Selection of
one-stop operators
</header>
<text>
Consistent with section 121(d), the local
board, with the agreement of the chief elected official—
</text>
<clause id="H9E4F7D10DE954099A683E543779BD622">
<enum>
(i)
</enum>
<text>
shall designate or
certify one-stop operators as described in section 121(d)(2)(A); and
</text>
</clause>
<clause id="H1F26278F81CA4957B3A568A2296FE375">
<enum>
(ii)
</enum>
<text>
may terminate for
cause the eligibility of such operators.
</text>
</clause>
</subparagraph>
<subparagraph id="HDCB737E6DD164FFBA33E18ECE4539FFD">
<enum>
(B)
</enum>
<header>
Identification
of eligible training service providers
</header>
<text>
Consistent with this
subtitle, the local board shall identify eligible providers of training
services described in section 134(c)(4), in the local area.
</text>
</subparagraph>
<subparagraph id="HBB539D95CFF249118212A7B09B3CEFAB">
<enum>
(C)
</enum>
<header>
Identification
of eligible providers of work ready services
</header>
<text>
If the one-stop
operator does not provide the services described in section 134(c)(2) in the
local area, the local board shall identify eligible providers of such services
in the local area by awarding contracts.
</text>
</subparagraph>
</paragraph>
<paragraph id="H61C0C84ECFFD4D1A800CADB45209A5D2">
<enum>
(6)
</enum>
<header>
Program
oversight
</header>
<text>
The local board, in partnership with the chief elected
official, shall be responsible for—
</text>
<subparagraph id="H3972A49F21D548EAAAE30E0DEDF10AF5">
<enum>
(A)
</enum>
<text>
ensuring the
appropriate use and management of the funds provided for local employment and
training activities authorized under section 134(b); and
</text>
</subparagraph>
<subparagraph id="H287AC6095D514A7482910C2416BC0F5F">
<enum>
(B)
</enum>
<text>
conducting
oversight of the one-stop delivery system in the local area authorized under
section 121.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF3D1AAE5C4374DEAAE4F176D2D7D6137">
<enum>
(7)
</enum>
<header>
Negotiation of
local performance measures
</header>
<text>
The local board, the chief elected
official, and the Governor shall negotiate and reach agreement on local
performance measures as described in section 136(c).
</text>
</paragraph>
<paragraph id="H969EA6363B294CBCB08301E995FD148B">
<enum>
(8)
</enum>
<header>
Technology
improvements
</header>
<text>
The local board shall develop strategies for
technology improvements to facilitate access to services authorized under this
subtitle and carried out in the local area, including in remote
areas.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H6253D40ED05D468CA6E21708CA94A6D6">
<enum>
(4)
</enum>
<text>
in subsection
(e)—
</text>
<subparagraph id="H213CDDE2200B4A57B5473A2BC6DA98E8">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
electronic means and
</quote>
after
<quote>
regular basis through
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="HAF93B59F4786434D859E3BDC7007AF7A">
<enum>
(B)
</enum>
<text>
by striking
<quote>
and the award of grants or contracts to eligible providers of youth
activities,
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HD5FA214F83E14F8990B91338D2D16B58">
<enum>
(5)
</enum>
<text>
in subsection
(f)—
</text>
<subparagraph id="HDDA32725227147A38DB4234009E37D78">
<enum>
(A)
</enum>
<text>
in paragraph
(1)(A), by striking
<quote>
section 134(d)(4)
</quote>
and inserting
<quote>
section 134(c)(4)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H1C343D091F9845D78EDA6242FEF6EEF1">
<enum>
(B)
</enum>
<text>
by striking
paragraph (2) and inserting the following:
</text>
<quoted-block id="HCC9263408BA5419DA8D7CD7C7C273F98" style="OLC">
<paragraph id="H081319FFDD0E4F1E94535CD1F37DE1B3">
<enum>
(2)
</enum>
<header>
Work ready
services, designation, or certification as one-stop operators
</header>
<text>
A
local board may provide work ready services described in section 134(c)(2)
through a one-stop delivery system described in section 121 or be designated or
certified as a one-stop operator only with the agreement of the chief elected
official and the
Governor.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HFACBC7BFB3F24D09A9F2E54F99DE0399">
<enum>
(6)
</enum>
<text>
in subsection
(g)(1), by inserting
<quote>
or participate in any action taken
</quote>
after
<quote>
vote
</quote>
; and
</text>
</paragraph>
<paragraph id="H0A9F254C96484C37B75E30119DE11C9D">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
by striking subsections (h) and (i).
</text>
</paragraph>
</section>
<section id="H32189526D7AF4DB2AE6631635A4EF075">
<enum>
107.
</enum>
<header>
Local
plan
</header>
<text display-inline="no-display-inline">
Section 118 (29 U.S.C.
2833) is amended—
</text>
<paragraph id="H787FA3BC4C254092922CC7C2CEF2FFC0">
<enum>
(1)
</enum>
<text>
in subsection (a),
by striking
<quote>
5-year
</quote>
and inserting
<quote>
3-year
</quote>
;
</text>
</paragraph>
<paragraph id="HAC7352259261457D84413EBEE686302A">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by amending subsection (b) to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="H57C4A750A8894725A922D57819E2394F" style="OLC">
<subsection id="H62506AD837C54E719E8B22E106DE920A">
<enum>
(b)
</enum>
<header>
Contents
</header>
<text display-inline="yes-display-inline">
The local plan shall include—
</text>
<paragraph id="HE17F77EB65CD445EAF96D66EDB384822">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
a description of the analysis of the local
area's economic and workforce conditions conducted under section
117(d)(2)(A)(i), and an assurance that the local board will use such analysis
to carry out the activities under this subtitle;
</text>
</paragraph>
<paragraph id="HB9F322EF0EE3464E8D671AC8BF40E3B7">
<enum>
(2)
</enum>
<text>
a description of
the one-stop delivery system in the local area, including—
</text>
<subparagraph id="HDA69B8C67E1D418BB2BE5830BD92E23D">
<enum>
(A)
</enum>
<text>
a description of
how the local board will ensure—
</text>
<clause id="HCE748EACACD94EBAB503434101D0F621">
<enum>
(i)
</enum>
<text>
the continuous
improvement of eligible providers of services through the system; and
</text>
</clause>
<clause id="HD4573FF9080949548CEFFAAE6A4929D2">
<enum>
(ii)
</enum>
<text>
that such
providers meet the employment needs of local businesses and participants;
and
</text>
</clause>
</subparagraph>
<subparagraph id="HDC6A2F198FE04731A859150EDDDE0ADF">
<enum>
(B)
</enum>
<text>
a description of
how the local board will facilitate access to services provided through the
one-stop delivery system consistent with section 117(d)(8);
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="HCFF8DFB4F9554E90BC6B90100243C5F9">
<enum>
(3)
</enum>
<text>
a description of
the strategies and services that will be used in the local area—
</text>
<subparagraph id="HCEF3C131DD9640AC856727901120CBBF">
<enum>
(A)
</enum>
<text>
to more fully
engage employers, including small businesses and employers in in-demand
industries and occupations important to the local economy;
</text>
</subparagraph>
<subparagraph id="H26265881F7614F718899A6DF78CB6D1A">
<enum>
(B)
</enum>
<text>
to meet the needs
of employers in the local area;
</text>
</subparagraph>
<subparagraph id="HCA1BAD28464F4EE788D779A5AD78326E">
<enum>
(C)
</enum>
<text>
to better
coordinate workforce development programs with economic development activities;
and
</text>
</subparagraph>
<subparagraph id="H74E5C3C253074F6EA19FAF81BB8FF77A">
<enum>
(D)
</enum>
<text>
to better
coordinate workforce development programs with employment, training, and
literacy services carried out by nonprofit organizations, including public
libraries, as appropriate;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H394A27DA488347A1BE33D5D55052FFFD">
<enum>
(4)
</enum>
<text>
a description of
how the local board will convene (or help to convene) industry or sector
partnerships that lead to collaborative planning, resource alignment, and
training efforts across multiple firms for a range of workers employed or
potentially employed by a targeted industry cluster—
</text>
<subparagraph id="HA011F69D7CAF4230A2CF4FEF9EAFB169">
<enum>
(A)
</enum>
<text>
to encourage
industry growth and competitiveness and to improve worker training, retention,
and advancement in targeted industry clusters;
</text>
</subparagraph>
<subparagraph id="H90AB5C221DC148EFB75D40FEC948F0C2">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
to address the immediate and long-term
skilled workforce needs of in-demand industries, small businesses, and other
occupations important to the local economy; and
</text>
</subparagraph>
<subparagraph id="H0D80575BA57F4AD498CE05EADE072E35">
<enum>
(C)
</enum>
<text>
to address
critical skill gaps within and across industries;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H15FA78C75C494A4CAD6334C2289B5E11">
<enum>
(5)
</enum>
<text>
a description of
how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out
activities described in section 134(c)(4);
</text>
</paragraph>
<paragraph id="HFC00271AAA50485AB64DAF664DD815AB">
<enum>
(6)
</enum>
<text>
a description of
how the local board will coordinate workforce investment activities carried out
in the local area with statewide activities, as appropriate;
</text>
</paragraph>
<paragraph id="HF91A095A8B804D8EA2121ADD009BD04F">
<enum>
(7)
</enum>
<text>
a description of
how the local area will—
</text>
<subparagraph id="H3D8B76DE84BA405E89F7F3E82A75EB08">
<enum>
(A)
</enum>
<text>
coordinate
activities with the local area’s disability community and with services
provided under section 614(d)(1)(A)(i)(VIII) of the Individuals with
Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1414">
20 U.S.C. 1414(d)(1)(A)(i)(VIII)
</external-xref>
) by local
educational agencies serving such local area to make available comprehensive,
high-quality services to individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="H05FD9ACFAF814687A9DB7B42CA8297C6">
<enum>
(B)
</enum>
<text>
consistent with
section 188 and Executive Order 13217 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12131">
42 U.S.C. 12131
</external-xref>
note), serve the
employment and training needs of individuals with disabilities; and
</text>
</subparagraph>
<subparagraph id="HF71C5233F6B94A2395E59C3E87260511">
<enum>
(C)
</enum>
<text>
consistent with
sections 504 and 508 of the Rehabilitation Act of 1973, include the provision
of outreach, intake, assessments, and service delivery, the development of
performance measures, the training of staff, and other aspects of accessibility
to programs and services under this subtitle;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H6547CACF51364DBE8F6A375E7B880959">
<enum>
(8)
</enum>
<text>
a description of
the local levels of performance negotiated with the Governor and chief elected
official pursuant to section 136(c), to be—
</text>
<subparagraph id="H7FD6B97009344259B0890E822FEAC3D4">
<enum>
(A)
</enum>
<text>
used to measure
the performance of the local area; and
</text>
</subparagraph>
<subparagraph id="H3D3996E12F20461A885377A791566049">
<enum>
(B)
</enum>
<text>
used by the local
board for measuring performance of the local fiscal agent (where appropriate),
eligible providers, and the one-stop delivery system, in the local area;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="HF0E6CC7D0A834A5493E0331BA60F6B30">
<enum>
(9)
</enum>
<text>
a description of
the process used by the local board, consistent with subsection (c), to provide
an opportunity for public comment prior to submission of the plan;
</text>
</paragraph>
<paragraph id="H4B6228FE19B54C0CBADAEBF1B248C9D4">
<enum>
(10)
</enum>
<text display-inline="yes-display-inline">
a description of how the local area will
serve the employment and training needs of dislocated workers (including
displaced homemakers), low-income individuals (including recipients of public
assistance such as the Supplemental Nutrition Assistance Program), long-term
unemployed individuals (including individuals who have exhausted entitlement to
State and Federal unemployment compensation), English learners, homeless
individuals, individuals training for nontraditional employment, youth
(including out-of-school youth and at-risk youth), older workers, ex-offenders,
migrant and seasonal farmworkers, refugee and entrants, veterans (including
disabled veterans and homeless veterans), and Native Americans;
</text>
</paragraph>
<paragraph id="H0A5E9C948F7C45BC959AFC38651267C3">
<enum>
(11)
</enum>
<text>
an identification
of the entity responsible for the disbursal of grant funds described in
subclause (III) of section 117(d)(4)(B)(i), as determined by the chief elected
official or the Governor under such section;
</text>
</paragraph>
<paragraph id="HE4A36C769D394F2390EADB4C69298C74">
<enum>
(12)
</enum>
<text display-inline="yes-display-inline">
a description of the strategies and
services that will be used in the local area to assist at-risk youth and
out-of-school youth in acquiring the education and skills, credentials
(including recognized postsecondary credentials and industry-recognized
credentials), and employment experience to succeed in the labor market,
including—
</text>
<subparagraph id="HC8C4BC7369F045E9B6FF79E0EF8736B6">
<enum>
(A)
</enum>
<text>
training and
internships in in-demand industries or occupations important to the local
economy;
</text>
</subparagraph>
<subparagraph id="H04B5816C0CAB44459A18EFE7ED45DB9E">
<enum>
(B)
</enum>
<text>
dropout recovery
activities that are designed to lead to the attainment of a regular secondary
school diploma or its recognized equivalent, or other State recognized
equivalent (including recognized alternative standards for individuals with
disabilities); and
</text>
</subparagraph>
<subparagraph id="H2AEA72D822AE462C8F32FBF8D6094900">
<enum>
(C)
</enum>
<text>
activities
combining remediation of academic skills, work readiness training, and work
experience, and including linkages to postsecondary education and training and
career-ladder employment;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H1A2473CF02CE48438C50C74C2D683B39">
<enum>
(13)
</enum>
<text display-inline="yes-display-inline">
a description of—
</text>
<subparagraph id="HC2F72D5A2B254959B9B88BF4EE508E79">
<enum>
(A)
</enum>
<text>
how the local area
will furnish employment, training, supportive, and placement services to
veterans, including disabled and homeless veterans;
</text>
</subparagraph>
<subparagraph id="HE9423CA1F575495CBE109FF01D65904E">
<enum>
(B)
</enum>
<text>
the strategies and
services that will be used in the local area to assist and expedite
reintegration of homeless veterans into the labor force; and
</text>
</subparagraph>
<subparagraph id="HCA4BB248A185431FBCC83BD63BFEF2D4">
<enum>
(C)
</enum>
<text>
the veteran
population to be served in the local area;
</text>
</subparagraph>
</paragraph>
<paragraph id="HC7928D309F654C759DCF42E5DC6E83C4">
<enum>
(14)
</enum>
<text>
a description
of—
</text>
<subparagraph id="H6A73B43456A54EAF84E8850D7712745C">
<enum>
(A)
</enum>
<text>
the duties
assigned to the veteran employment specialist consistent with the requirements
of section 134(f);
</text>
</subparagraph>
<subparagraph id="HC766DCC11A014CB39464482750699052">
<enum>
(B)
</enum>
<text>
the manner in
which the veteran employment specialist is integrated into the One-Stop Career
System described in section 121;
</text>
</subparagraph>
<subparagraph id="HCD71F9C62DFF4722A0DC64AACB91CB04">
<enum>
(C)
</enum>
<text>
the date on which
the veteran employment specialist was assigned; and
</text>
</subparagraph>
<subparagraph id="HD659AE08E7F6434EAA4D39EC8A717D45">
<enum>
(D)
</enum>
<text>
whether the
veteran employment specialist has satisfactorily competed such training by the
National Veterans' Employment and Training Services Institute; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HAA215DE793E4462F97048548BB86ABB1">
<enum>
(15)
</enum>
<text>
such other
information as the Governor may
require.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H2A387FB9FD4E448FBCCE7728D733EC03">
<enum>
(3)
</enum>
<text>
in subsection
(c)(1), by striking
<quote>
such means
</quote>
and inserting
<quote>
electronic
means such
</quote>
; and
</text>
</paragraph>
<paragraph id="H45848787911D41E7AF2F36AE4C636480">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
in subsection (c)(2), by striking
<quote>
,
including representatives of business and representatives of labor
organizations,
</quote>
.
</text>
</paragraph>
</section>
<section id="H9371661AD8D447D4847D42AE4F291AEB">
<enum>
108.
</enum>
<header>
Establishment
of one-stop delivery system
</header>
<text display-inline="no-display-inline">
Section 121 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
) is
amended—
</text>
<paragraph id="H699264B2598648D09EBABA27B5536CC1">
<enum>
(1)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="HB45956FA28DB4D8BA7932D76757BCD4D">
<enum>
(A)
</enum>
<text>
by striking
subparagraph (A) of paragraph (1) and inserting the following:
</text>
<quoted-block id="H8AA6526DC4E041A7BA426B143CD87482" style="OLC">
<subparagraph id="H86A8F5CC797548B7B17F1F94AFCED86F">
<enum>
(A)
</enum>
<header>
Roles and
responsibilities of one-stop partners
</header>
<text>
Each entity that carries
out a program or activities described in subparagraph (B) shall—
</text>
<clause id="HDC26F71F93DB47269B52997345842E7B">
<enum>
(i)
</enum>
<text>
provide access
through the one-stop delivery system to the program and activities carried out
by the entity, including making the work ready services described in section
134(c)(2) that are applicable to the program of the entity available at
one-stop centers (in addition to any other appropriate locations);
</text>
</clause>
<clause id="H04D257DDB3A04676A72862D6FAE10DFB">
<enum>
(ii)
</enum>
<text>
use a portion of
the funds available to the program of the entity to maintain the one-stop
delivery system, including payment of the infrastructure costs of one-stop
centers in accordance with subsection (h);
</text>
</clause>
<clause id="H238EB1BC74524417879E1E371E9CBCC7">
<enum>
(iii)
</enum>
<text>
enter into a
local memorandum of understanding with the local board relating to the
operation of the one-stop delivery system that meets the requirements of
subsection (c); and
</text>
</clause>
<clause id="HBBD22BA05F024668BE0AC73FCAC93602">
<enum>
(iv)
</enum>
<text>
participate in
the operation of the one-stop delivery system consistent with the terms of the
memorandum of understanding, the requirements of this title, and the
requirements of the Federal laws authorizing the programs carried out by the
entity.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H527CDA74298440CD8102D5EA7F13C065">
<enum>
(B)
</enum>
<text>
in paragraph
(1)(B)—
</text>
<clause id="H9BFB1E1DBA4644BBA524A98963D2775B">
<enum>
(i)
</enum>
<text>
by
striking clauses (ii), (v), and (vi);
</text>
</clause>
<clause id="H56AA19001D854D6F86293FCD07BA6B2D">
<enum>
(ii)
</enum>
<text>
by
redesignating clauses (iii) and (iv) as clauses (ii) and (iii),
respectively;
</text>
</clause>
<clause id="H4F00F27C282A4BB690528915B6D9A66C">
<enum>
(iii)
</enum>
<text>
by
redesignating clauses (vii) through (xii) as clauses (iv) through (ix),
respectively;
</text>
</clause>
<clause id="H9D15F3B1DFE54D00A7453DB11B7F8AB6">
<enum>
(iv)
</enum>
<text>
in
clause (viii), as so redesignated, by striking
<quote>
and
</quote>
at the
end;
</text>
</clause>
<clause id="H2BFF58355C764C799ADA4613B3069E11">
<enum>
(v)
</enum>
<text>
in
clause (ix), as so redesignated, by striking the period and inserting
<quote>
;
and
</quote>
; and
</text>
</clause>
<clause id="HB0B9219CB41640429A7473366F6B730D">
<enum>
(vi)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block id="HC40AB5AE17B045ADA139B9613ED27B36" style="OLC">
<clause id="HCF88E2E0BB824F3C89B9598173F5A2D5">
<enum>
(x)
</enum>
<text>
subject to
subparagraph (C), programs authorized under part A of title IV of the Social
Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/601">
42 U.S.C. 601 et seq.
</external-xref>
) .
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H6A16B9A2EB614200981A196D763C6062">
<enum>
(C)
</enum>
<text>
by inserting after
subparagraph (B) the following:
</text>
<quoted-block id="HBFD944FC790D4DBD8B5FB26B527D2B73" style="OLC">
<subparagraph commented="no" id="HED0A608826DC49688120060BF9D61BFE">
<enum>
(C)
</enum>
<header>
Determination by
the governor
</header>
<text display-inline="yes-display-inline">
Each entity
carrying out a program described in subparagraph (B)(x) shall carry out the
required partner activities described in subparagraph (A) unless the Governor
of the State in which the local area is located provides the Secretary and
Secretary of Health and Human Services written notice of a determination by the
Governor that such entities shall not carry out such required partner
activities.
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H4A21E674E2FD4917A06A3FC78DB66397">
<enum>
(D)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H13859ED1E74541F7BF1AE8A1580125D1">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)(i), by striking
<quote>
section 134(d)(2)
</quote>
and inserting
<quote>
section 134(c)(2)
</quote>
; and
</text>
</clause>
<clause id="H89E823D65E744C1AA37645DCDCFE1880">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B)—
</text>
<subclause id="HAA3008183C8C429EAD47239E30C7258D">
<enum>
(I)
</enum>
<text>
by striking
clauses (i), (ii), and (v);
</text>
</subclause>
<subclause id="HA27590D20783447BABA1FA02360070D2">
<enum>
(II)
</enum>
<text>
in clause (iv),
by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
<subclause id="H0B5092A95F1A4A0BA230A1A900D15503">
<enum>
(III)
</enum>
<text>
by redesignating
clauses (iii) and (iv) as clauses (i) and (ii), respectively; and
</text>
</subclause>
<subclause id="H17BA1EAD7F754BD291726EB285981E81">
<enum>
(IV)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="HB96CF525569A403D98326A4DF0881A8C" style="OLC">
<clause id="H673BE60B65A94E458EADC09B3161B1D6">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
employment and training programs
administered by the Commissioner of the Social Security Administration;
</text>
</clause>
<clause id="H9B077DAECF114065B6C3B2D516385457">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
employment and training programs carried
out by the Administrator of the Small Business Administration;
</text>
</clause>
<clause id="H7E9A28856CED433EBC9AD1F79C99559C">
<enum>
(v)
</enum>
<text>
employment,
training, and literacy services carried out by public libraries; and
</text>
</clause>
<clause id="HE68C82AADFB34238B384EDD2C5953120">
<enum>
(vi)
</enum>
<text>
other appropriate
Federal, State, or local programs, including programs in the private
sector.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H288468E73EF54A0C819CCBFD15F2A48B">
<enum>
(2)
</enum>
<text>
in subsection
(c)(2), by amending subparagraph (A) to read as follows:
</text>
<quoted-block id="HAA40BF4773E24EFA88B522F25FF645B3" style="OLC">
<subparagraph id="H1071833D9F114BF3BCA5E8DE61C64458">
<enum>
(A)
</enum>
<text>
provisions
describing—
</text>
<clause id="H21334D84C031478D9E0672ACE32CA8B2">
<enum>
(i)
</enum>
<text>
the services to be
provided through the one-stop delivery system consistent with the requirements
of this section, including the manner in which the services will be coordinated
through such system;
</text>
</clause>
<clause id="H71C588EA10534F4786AFA162273F8071">
<enum>
(ii)
</enum>
<text>
how the costs of
such services and the operating costs of such system will be funded, through
cash and in-kind contributions, to provide a stable and equitable funding
stream for ongoing one-stop system operations, including the funding of the
infrastructure costs of one-stop centers in accordance with subsection
(h);
</text>
</clause>
<clause id="HD0D8DE541616446D92388C9426CD71F5">
<enum>
(iii)
</enum>
<text>
methods of
referral of individuals between the one-stop operator and the one-stop partners
for appropriate services and activities, including referrals for nontraditional
employment; and
</text>
</clause>
<clause id="H6446663CB58A4F2EB13712FB84C3297D">
<enum>
(iv)
</enum>
<text>
the duration of
the memorandum of understanding and the procedures for amending the memorandum
during the term of the memorandum, and assurances that such memorandum shall be
reviewed not less than once every 3-year period to ensure appropriate funding
and delivery of services;
and
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H3A11CE8B786F4C17956D7DB87A0AB020">
<enum>
(3)
</enum>
<text>
in subsection
(d)—
</text>
<subparagraph commented="no" id="H1F319695489E4047ABA348D9B9645E4D">
<enum>
(A)
</enum>
<text>
in the heading for
paragraph (1), by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Designation and certification
</header-in-text>
</quote>
and
inserting
<quote>
<header-in-text level="paragraph" style="OLC">
Local
designation and certification
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="H36BA04EBB5D94EC8BAB2D19DBF9A9835">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause commented="no" id="HF3BA11F5BADE43E18AFB91D3D6581A21">
<enum>
(i)
</enum>
<text>
by striking
<quote>
section 134(c)
</quote>
and inserting
<quote>
subsection
(e)
</quote>
;
</text>
</clause>
<clause commented="no" id="H1A4A34D1ACD342A18E00E3932B12ABD5">
<enum>
(ii)
</enum>
<text>
by amending
subparagraph (A) to read as follows:
</text>
<quoted-block id="HD3B1DAA6B99B4B03A6B169C02E6CE939" style="OLC">
<subparagraph commented="no" id="H4F0359CE34124FA9B8077A783FA3F3B2">
<enum>
(A)
</enum>
<text>
shall be
designated or certified as a one-stop operator through a competitive process;
and
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
<clause commented="no" id="H1E1D7593E237464198FB31BFF31384ED">
<enum>
(iii)
</enum>
<text>
in subparagraph
(B), by striking clause (ii) and redesignating clauses (iii) through (vi) as
clauses (ii) through (v), respectively; and
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="HB07A0FFD8E0446F2B4317310B8ABDEB1">
<enum>
(C)
</enum>
<text>
in paragraph (3),
by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and
technical
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H092466B034FD41AE89A921C47432D37C">
<enum>
(4)
</enum>
<text>
by amending
subsection (e) to read as follows:
</text>
<quoted-block id="H5617044B9D0540C3A3380719ED1F9D6A" style="OLC">
<subsection id="H16D62846E3C04FF8855D8A47F69682DE">
<enum>
(e)
</enum>
<header>
Establishment of
one-Stop delivery system
</header>
<paragraph id="HC576C165A5AB46B195F748730D13F059">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
There shall be established in a State that receives an
allotment under section 132(b) a one-stop delivery system, which shall—
</text>
<subparagraph id="H4E774E242BB247F98729B019365A9F69">
<enum>
(A)
</enum>
<text>
provide the work
ready services described in section 134(c)(2);
</text>
</subparagraph>
<subparagraph id="HEFD8D2A17F7C4E3E8896816DB0FB6B7D">
<enum>
(B)
</enum>
<text>
provide access to
training services as described in section 134(c)(4), including serving as the
point of access to career enhancement accounts for training services to
participants in accordance with paragraph (4)(F) of such section;
</text>
</subparagraph>
<subparagraph id="HBB8CEB0B07494E60A78C68D39DC3FC4B">
<enum>
(C)
</enum>
<text>
provide access to
the activities carried out under section 134(d), if any;
</text>
</subparagraph>
<subparagraph id="HFF5E62E33DCB481094541BA388D39342">
<enum>
(D)
</enum>
<text>
provide access to
programs and activities carried out by one-stop partners that are described in
subsection (b) of this section; and
</text>
</subparagraph>
<subparagraph id="H81707EDF73584F46A8FA0C0893A44E6E">
<enum>
(E)
</enum>
<text>
provide access to
the information described in section 15(e) of the Wagner-Peyser Act (29 U.S.C.
49l–2(e)).
</text>
</subparagraph>
</paragraph>
<paragraph id="H93E32F40CE2D445DB9CE1E200C5FD09A">
<enum>
(2)
</enum>
<header>
One-stop
delivery
</header>
<text>
At a minimum, the one-stop delivery system—
</text>
<subparagraph id="H8B26D53A38E34127BED1753CAEE33DE0">
<enum>
(A)
</enum>
<text>
shall make each of
the programs, services, and activities described in paragraph (1) accessible at
not less than one physical center in each local area of the State; and
</text>
</subparagraph>
<subparagraph id="HC7578A4CE5CE4ABCB8C9BCD7D905D67C">
<enum>
(B)
</enum>
<text>
may also make
programs, services, and activities described in paragraph (1) available—
</text>
<clause id="HAE14A34FF32A4C968B928D6397F9CB89">
<enum>
(i)
</enum>
<text>
through a network
of affiliated sites that can provide one or more of the programs, services, and
activities to individuals; and
</text>
</clause>
<clause id="HB34B598ED7B54BDABB3F29C94CE559F6">
<enum>
(ii)
</enum>
<text>
through a network
of eligible one-stop partners—
</text>
<subclause id="H4BAD2E11412945979A3837ACCD3DDBFF">
<enum>
(I)
</enum>
<text>
in which each
partner provides one or more of the programs, services, and activities to such
individuals and is accessible at an affiliated site that consists of a physical
location or an electronically- or technologically-linked access point;
and
</text>
</subclause>
<subclause id="H851E18FE0E5B45CAA87CE34A274CD1AA">
<enum>
(II)
</enum>
<text>
that assures
individuals that information on the availability of the work ready services
will be available regardless of where the individuals initially enter the
statewide workforce investment system, including information made available
through an access point described in subclause (I).
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H360F8A9E6E8F4A6A82BF4DAE97C19DEF">
<enum>
(3)
</enum>
<header>
Specialized
centers
</header>
<text>
The centers and sites described in paragraph (2) may have
a specialization in addressing special
needs.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HEECCA9EC9B0C4CC4BC413A4EA9ED10AC">
<enum>
(5)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H6E3121EF9A7B4CF099DB9FF3AF235E07" style="OLC">
<subsection id="HFF225EC9104C4DAD91678AD1FD108D6A">
<enum>
(g)
</enum>
<header>
Certification of
one-Stop centers
</header>
<paragraph id="H6920E8B892C344F1A93B3F38B49E0FF4">
<enum>
(1)
</enum>
<header>
In
general
</header>
<subparagraph id="H78741FA9D8FD477F9863C10C07780BF2">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The State board shall establish objective procedures and
criteria for certifying, at least once every 3 years, one-stop centers for the
purpose of awarding the one-stop infrastructure funding described in subsection
(h).
</text>
</subparagraph>
<subparagraph id="H8CCB4944EFCD4FD8822E78078CEF7C4F">
<enum>
(B)
</enum>
<header>
Criteria
</header>
<text>
The
criteria for certification under this subsection shall include—
</text>
<clause id="HE9FDE872CBB24ED58403CEFE783D9FCC">
<enum>
(i)
</enum>
<text>
meeting all of the
expected levels of performance for each of the core indicators of performance
as outlined in the State plan under section 112;
</text>
</clause>
<clause id="H6C807CD111664D76A148816C93DFD0A2">
<enum>
(ii)
</enum>
<text>
meeting minimum
standards relating to the scope and degree of service integration achieved by
the centers involving the programs provided by the one-stop partners;
and
</text>
</clause>
<clause id="HE0BB33C1AFF3489FAD0B09A4E991EBB1">
<enum>
(iii)
</enum>
<text>
meeting minimum
standards relating to how the centers ensure that eligible providers meet the
employment needs of local employers and participants.
</text>
</clause>
</subparagraph>
<subparagraph id="H5A13F0FC1A0E4162B6559F85EEF86AFF">
<enum>
(C)
</enum>
<header>
Effect of
certification
</header>
<text>
One-stop centers certified under this subsection
shall be eligible to receive the infrastructure grants authorized under
subsection (h).
</text>
</subparagraph>
</paragraph>
<paragraph id="H7C58AB68D1C648B2A85AA62C8B807646">
<enum>
(2)
</enum>
<header>
Local
boards
</header>
<text>
Consistent with the criteria developed by the State, the
local board may develop additional criteria of higher standards to respond to
local labor market and demographic conditions and trends.
</text>
</paragraph>
</subsection>
<subsection id="HB2FE698E971846A5B0A4957DC9DE1F2C">
<enum>
(h)
</enum>
<header>
One-Stop
infrastructure funding
</header>
<paragraph id="H480420B83BFB4198B130F5DB81990EBE">
<enum>
(1)
</enum>
<header>
Partner
contributions
</header>
<subparagraph id="H0E270396491041A79C814982D27BC811">
<enum>
(A)
</enum>
<header>
Provision of
funds
</header>
<text>
Notwithstanding any other provision of law, as determined
under subparagraph (B), a portion of the Federal funds provided to the State
and areas within the State under the Federal laws authorizing the one-stop
partner programs described in subsection (b)(1)(B) and participating additional
partner programs described in (b)(2)(B) for a fiscal year shall be provided to
the Governor by such programs to carry out this subsection.
</text>
</subparagraph>
<subparagraph id="H8F08315909F944419E84CC55C494F953">
<enum>
(B)
</enum>
<header>
Determination of
governor
</header>
<clause id="HAFACB15A7AED49D99BFA31B83EAFA048">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
Subject to subparagraph (C), the Governor, in
consultation with the State board, shall determine the portion of funds to be
provided under subparagraph (A) by each one-stop partner and in making such
determination shall consider the proportionate use of the one-stop centers by
each partner, the costs of administration for purposes not related to one-stop
centers for each partner, and other relevant factors described in paragraph
(3).
</text>
</clause>
<clause id="H787A987370E449C5A18BDFA8377657D7">
<enum>
(ii)
</enum>
<header>
Special
rule
</header>
<text>
In those States where the State constitution places
policy-making authority that is independent of the authority of the Governor in
an entity or official with respect to the funds provided for adult education
and literacy activities authorized under title II of this Act and for
postsecondary career education activities authorized under the Carl D. Perkins
Career and Technical Education Act, the determination described in clause (i)
with respect to such programs shall be made by the Governor with the
appropriate entity or official with such independent policy-making
authority.
</text>
</clause>
<clause id="HBB92EF7E86BF4513B51BDD6B9196B0A4">
<enum>
(iii)
</enum>
<header>
Appeal by
one-stop partners
</header>
<text>
The Governor shall establish a procedure for
the one-stop partner administering a program described in subsection (b) to
appeal a determination regarding the portion of funds to be contributed under
this paragraph on the basis that such determination is inconsistent with the
criteria described in the State plan or with the requirements of this
paragraph. Such procedure shall ensure prompt resolution of the appeal.
</text>
</clause>
</subparagraph>
<subparagraph id="H9EF2E4E490DA4781BC41D2872E1F61EA">
<enum>
(C)
</enum>
<header>
Limitations
</header>
<clause id="H9D67BF50CA3F448F9F2BF51C38538594">
<enum>
(i)
</enum>
<header>
Provision from
administrative funds
</header>
<text>
The funds provided under this paragraph by
each one-stop partner shall be provided only from funds available for the costs
of administration under the program administered by such partner, and shall be
subject to the limitations with respect to the portion of funds under such
programs that may be used for administration.
</text>
</clause>
<clause id="H2C0BA8DDFFAE4C2CA6B2AE441090C1BA">
<enum>
(ii)
</enum>
<header>
Federal direct
spending programs
</header>
<text>
Programs that are Federal direct spending under
section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of
1985 (
<external-xref legal-doc="usc" parsable-cite="usc/2/900">
2 U.S.C. 900(c)(8)
</external-xref>
) shall not, for purposes of this paragraph, be
required to provide an amount in excess of the amount determined to be
equivalent to the proportionate use of the one-stop centers by such programs in
the State.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H1DE40471CFEA4CD5B18BBAD9C82AA014">
<enum>
(2)
</enum>
<header>
Allocation by
governor
</header>
<text>
From the funds provided under paragraph (1), the
Governor shall allocate funds to local areas in accordance with the formula
established under paragraph (3) for the purposes of assisting in paying the
costs of the infrastructure of one-stop centers certified under subsection
(g).
</text>
</paragraph>
<paragraph id="HED7F8102DE4A4D6B86E61F8EE55E744F">
<enum>
(3)
</enum>
<header>
Allocation
formula
</header>
<text>
The State board shall develop a formula to be used by the
Governor to allocate the funds described in paragraph (1). The formula shall
include such factors as the State board determines are appropriate, which may
include factors such as the number of centers in the local area that have been
certified, the population served by such centers, and the performance of such
centers.
</text>
</paragraph>
<paragraph id="H2BF0B77EE95F4966B311843AEC9770A4">
<enum>
(4)
</enum>
<header>
Costs of
infrastructure
</header>
<text>
For purposes of this subsection, the term
<term>
costs of infrastructure
</term>
means the nonpersonnel costs that are
necessary for the general operation of a one-stop center, including the rental
costs of the facilities, the costs of utilities and maintenance, and equipment
(including assistive technology for individuals with disabilities).
</text>
</paragraph>
</subsection>
<subsection id="HEA9B5D5A4840426A8D74A79191132F6F">
<enum>
(i)
</enum>
<header>
Other
funds
</header>
<paragraph id="H77C70EE727784B6885F6A77D031D7540">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In addition to the funds provided to carry out subsection
(h), a portion of funds made available under Federal law authorizing the
one-stop partner programs described in subsection (b)(1)(B) and participating
additional partner programs described in subsection (b)(2)(B), or the noncash
resources available under such programs shall be used to pay the costs relating
to the operation of the one-stop delivery system that are not paid for from the
funds provided under subsection (h), to the extent not inconsistent with the
Federal law involved including—
</text>
<subparagraph id="H8456E489462244D5B63540BDF73E2F71">
<enum>
(A)
</enum>
<text>
infrastructure
costs that are in excess of the funds provided under subsection (h);
</text>
</subparagraph>
<subparagraph id="H61B03FBD1DBC44419E8C9C7C06751302">
<enum>
(B)
</enum>
<text>
common costs that
are in addition to the costs of infrastructure; and
</text>
</subparagraph>
<subparagraph id="H0D77C9C193614AC289943C8E20378051">
<enum>
(C)
</enum>
<text>
the costs of the
provision of work ready services applicable to each program.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF8FF973A99464693BDB9E226F5ABCEE3">
<enum>
(2)
</enum>
<header>
Determination
and guidance
</header>
<text>
The method for determining the appropriate portion
of funds and noncash resources to be provided by each program under paragraph
(1) shall be determined as part of the memorandum of understanding under
subsection (c). The State board shall provide guidance to facilitate the
determination of appropriate allocation of the funds and noncash resources in
local
areas.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HEF646BEAFBED4D7EB3E4EFC1977A48B2">
<enum>
109.
</enum>
<header>
Identification
of eligible providers of training services
</header>
<text display-inline="no-display-inline">
Section 122 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2842">
29 U.S.C. 2842
</external-xref>
) is amended to
read as follows:
</text>
<quoted-block id="H222F5921960F48D9A71456D7FA786AEC" style="OLC">
<section id="H14E6FE96E99045C5BB71FF6F405182C1">
<enum>
122.
</enum>
<header>
Identification
of eligible providers of training services
</header>
<subsection id="H1E9D7BA5E3ED4770B0751A163FFE770D">
<enum>
(a)
</enum>
<header>
Eligibility
</header>
<paragraph id="HEB182D562C574A29B17ED82F710A2E9A">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Governor, after consultation with the State board,
shall establish criteria and procedures regarding the eligibility of providers
of training services described in section 134(c)(4) to receive funds provided
under section 133(b) for the provision of such training services.
</text>
</paragraph>
<paragraph id="HDE43FAE5114848F290A722469554AFC9">
<enum>
(2)
</enum>
<header>
Providers
</header>
<text>
Subject
to the provisions of this section, to be eligible to receive the funds provided
under section 133(b) for the provision of training services, the provider shall
be—
</text>
<subparagraph id="H4BAED3BE98644B019D70517315FB8112">
<enum>
(A)
</enum>
<text>
a postsecondary
educational institution that—
</text>
<clause id="H0EF312D62C174CE48101E04F046C394F">
<enum>
(i)
</enum>
<text>
is
eligible to receive Federal funds under title IV of the Higher Education Act of
1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1070">
20 U.S.C. 1070 et seq.
</external-xref>
); and
</text>
</clause>
<clause id="HBCB12726929C40D1977C8D7D84B5990C">
<enum>
(ii)
</enum>
<text>
provides a
program that leads to a recognized postsecondary credential;
</text>
</clause>
</subparagraph>
<subparagraph id="H0EE3A30B8FAE4C4CB94F400B9F6B20A5">
<enum>
(B)
</enum>
<text>
an entity that
carries out programs under the Act of August 16, 1937 (commonly known as the
<quote>
National Apprenticeship Act
</quote>
; 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.); or
</text>
</subparagraph>
<subparagraph id="H3C06180338D74D6F993CCA96114B75FD">
<enum>
(C)
</enum>
<text>
another public or
private provider of a program of training services.
</text>
</subparagraph>
</paragraph>
<paragraph id="H46385BA8544D4A74A7BAACCE0C1F0855">
<enum>
(3)
</enum>
<header>
Inclusion in
list of eligible providers
</header>
<text>
A provider described in subparagraph
(A) or (C) of paragraph (2) shall comply with the criteria and procedures
established under this section to be included on the list of eligible providers
of training services described in subsection (d). A provider described in
paragraph (2)(B) shall be included on the list of eligible providers of
training services described in subsection (d) for so long as the provider
remains certified by the Secretary of Labor to carry out the programs described
in paragraph (2)(B).
</text>
</paragraph>
</subsection>
<subsection id="H87AFB4920A2D48D88F58EF198DA5604F">
<enum>
(b)
</enum>
<header>
Criteria
</header>
<paragraph id="H6C7B33530A7E4A44820021625501ACBA">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The criteria established pursuant to subsection (a) shall
take into account—
</text>
<subparagraph id="HD064D91F1E1D4E00B6258F1FE961AEFE">
<enum>
(A)
</enum>
<text>
the performance of
providers of training services with respect to the performance measures
described in section 136 and other matters for which information is required
under paragraph (2) and other appropriate measures of performance outcomes for
those participants receiving training services under this subtitle;
</text>
</subparagraph>
<subparagraph id="H706726A1B4454ED2894D49317FC90946">
<enum>
(B)
</enum>
<text>
whether the
training programs of such providers relate to occupations that are in
demand;
</text>
</subparagraph>
<subparagraph id="H1D30A9370E3D4A9D9578A18765795340">
<enum>
(C)
</enum>
<text>
the need to ensure
access to training services throughout the State, including in rural
areas;
</text>
</subparagraph>
<subparagraph id="H8B3ED0A4DCE149CA9459A6419F872908">
<enum>
(D)
</enum>
<text>
the ability of
providers to offer programs that lead to a recognized postsecondary
credential;
</text>
</subparagraph>
<subparagraph id="HB039E74980B74E3DBF5EED42C349B260">
<enum>
(E)
</enum>
<text>
the information
such providers are required to report to State agencies with respect to other
Federal and State programs (other than the program carried out under this
subtitle), including one-stop partner programs; and
</text>
</subparagraph>
<subparagraph id="HB82BE46441BF4A7EAC3A0A5670FAEABA">
<enum>
(F)
</enum>
<text>
such other factors
as the Governor determines are appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="H8A24BE4192B44B8E849E15BA2B5C0B11">
<enum>
(2)
</enum>
<header>
Information
</header>
<text>
The
criteria established by the Governor shall require that a provider of training
services submit appropriate, accurate, and timely information to the State for
purposes of carrying out subsection (d), with respect to participants receiving
training services under this subtitle in the applicable program,
including—
</text>
<subparagraph id="HB16FECC08F6540D09FA7AEBFBF2B9A27">
<enum>
(A)
</enum>
<text>
information on
recognized postsecondary credentials received by such participants;
</text>
</subparagraph>
<subparagraph id="H0AF73B2E292E432B9958A8D4E4318505">
<enum>
(B)
</enum>
<text>
information on
costs of attendance for such participants;
</text>
</subparagraph>
<subparagraph id="H915247BC40344757B89D7EF17D6B9F9F">
<enum>
(C)
</enum>
<text>
information on the
program completion rate for such participants; and
</text>
</subparagraph>
<subparagraph id="H28D2F8DE980348998084ADEED23823A2">
<enum>
(D)
</enum>
<text>
information on the
performance of the provider with respect to the performance measures described
in section 136 for such participants.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD7391FAE707F448582A519E7F76BFD51">
<enum>
(3)
</enum>
<header>
Renewal
</header>
<text>
The
criteria established by the Governor shall also provide for a review every 3
years and renewal of eligibility under this section for providers of training
services.
</text>
</paragraph>
<paragraph id="H242D51A5D5404890AA6E6C365D33B2FC">
<enum>
(4)
</enum>
<header>
Local
criteria
</header>
<text>
A local board in the State may establish criteria in
addition to the criteria established by the Governor, or may require higher
levels of performance than required under the criteria established by the
Governor, for purposes of determining the eligibility of providers of training
services to receive funds described in subsection (a) to provide the services
in the local area involved.
</text>
</paragraph>
<paragraph id="HE7FB276EFF8B425F9E5E5A0510A16450">
<enum>
(5)
</enum>
<header>
Limitation
</header>
<text>
In
carrying out the requirements of this subsection, no personally identifiable
information regarding a student, including Social Security number, student
identification number, or other identifier, may be disclosed without the prior
written consent of the parent or eligible student in compliance with section
444 of the General Education Provisions Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1232g">
20 U.S.C. 1232g
</external-xref>
).
</text>
</paragraph>
</subsection>
<subsection id="HEB420A0EE27F42FB8E123FEA0DDEFB03">
<enum>
(c)
</enum>
<header>
Procedures
</header>
<text>
The
procedures established under subsection (a) shall—
</text>
<paragraph id="H998B6C103DF94CE284E613282530C2AD">
<enum>
(1)
</enum>
<text>
identify—
</text>
<subparagraph id="H0F156D3DED664F6689C5BD8217A62D6C">
<enum>
(A)
</enum>
<text>
the application
process for a provider of training services to become eligible to receive funds
under section 133(b) for the provision of training services; and
</text>
</subparagraph>
<subparagraph id="HC5A2F774E882432A9244551D3646A16E">
<enum>
(B)
</enum>
<text>
the respective
roles of the State and local areas in receiving and reviewing applications and
in making determinations of eligibility based on the criteria established under
this section; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HEB5E9365FBA741A9920403471777E920">
<enum>
(2)
</enum>
<text>
establish a
process for a provider of training services to appeal a denial or termination
of eligibility under this section that includes an opportunity for a hearing
and prescribes appropriate time limits to ensure prompt resolution of the
appeal.
</text>
</paragraph>
</subsection>
<subsection id="H7C4F312871524300829BB808CB996420">
<enum>
(d)
</enum>
<header>
Information To
assist participants in choosing providers
</header>
<text>
In order to facilitate
and assist participants under chapter 5 in choosing providers of training
services, the Governor shall ensure that an appropriate list or lists of
providers determined eligible under this section in the State, including
information provided under subsection (b)(2) with respect to such providers, is
provided to the local boards in the State and is made available to such
participants and to members of the public through the one-stop delivery system
in the State.
</text>
</subsection>
<subsection id="H4914A358547E4EFD93A4C353A0009608">
<enum>
(e)
</enum>
<header>
Enforcement
</header>
<paragraph id="H5FDE274F731D46F6BEE33A77A9B50162">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The criteria and procedures established under this
section shall provide the following:
</text>
<subparagraph id="HBFA574BC99614E6792CF1809E0D27BE7">
<enum>
(A)
</enum>
<header>
Intentionally
supplying inaccurate information
</header>
<text>
Upon a determination, by an
individual or entity specified in the criteria or procedures, that a provider
of training services, or individual providing information on behalf of the
provider, intentionally supplied inaccurate information under this section, the
eligibility of such provider to receive funds under chapter 5 shall be
terminated for a period of time that is not less than 2 years.
</text>
</subparagraph>
<subparagraph id="H6EB0C803E7EE40FA9BED995DF2878667">
<enum>
(B)
</enum>
<header>
Substantial
violations
</header>
<text>
Upon a determination, by an individual or entity
specified in the criteria or procedures, that a provider of training services
substantially violated any requirement under this title, the eligibility of
such provider to receive funds under the program involved shall be terminated
for a period of time that is not less than 10 years.
</text>
</subparagraph>
<subparagraph id="H1518DB75E43741379098566A897CE181">
<enum>
(C)
</enum>
<header>
Repayment
</header>
<text>
A
provider of training services whose eligibility is terminated under
subparagraph (A) or (B) shall be liable for the repayment of funds received
under chapter 5 during a period of noncompliance described in such
subparagraph.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA4B51FEB93A3411995E3D16EAEC15AAA">
<enum>
(2)
</enum>
<header>
Construction
</header>
<text>
Paragraph
(1) shall be construed to provide remedies and penalties that supplement, but
do not supplant, other civil and criminal remedies and penalties.
</text>
</paragraph>
</subsection>
<subsection id="H7D561E905B224EF3B06A1C6AEDA461F5">
<enum>
(f)
</enum>
<header>
Agreements with
other states
</header>
<text>
States may enter into agreements, on a reciprocal
basis, to permit eligible providers of training services to accept career
enhancement accounts provided in another State.
</text>
</subsection>
<subsection id="H64E1748D25934A3BA73EE85AAEBEC888">
<enum>
(g)
</enum>
<header>
Recommendations
</header>
<text>
In
developing the criteria, procedures, and information required under this
section, the Governor shall solicit and take into consideration the
recommendations of local boards and providers of training services within the
State.
</text>
</subsection>
<subsection id="H4961205C670B40B1A55BD32ECCF97002">
<enum>
(h)
</enum>
<header>
Opportunity To
submit comments
</header>
<text>
During the development of the criteria,
procedures, requirements for information, and the list of eligible providers
required under this section, the Governor shall provide an opportunity for
interested members of the public to submit comments regarding such criteria,
procedures, and information.
</text>
</subsection>
<subsection id="HC7C70F23B3C94C61AD607590130FC1E9">
<enum>
(i)
</enum>
<header>
On-the-Job
training or customized training exception
</header>
<paragraph id="H02068F7D831F4C9782152451C954F769">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Providers of on-the-job training or customized training
shall not be subject to the requirements of subsections (a) through (d).
</text>
</paragraph>
<paragraph id="HD72E07B2A62F4A31A8FB7735CC9AF185">
<enum>
(2)
</enum>
<header>
Collection and
dissemination of information
</header>
<text>
A one-stop operator in a local area
shall collect such performance information from on-the-job training and
customized training providers as the Governor may require, determine whether
the providers meet such performance criteria as the Governor may require, and
disseminate information identifying providers that meet the criteria as
eligible providers, and the performance information, through the one-stop
delivery system. Providers determined to meet the criteria shall be considered
to be identified as eligible providers of training
services.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H5B411FBD1C434147A94B4BB87D9DA391">
<enum>
110.
</enum>
<header>
General
authorization
</header>
<text display-inline="no-display-inline">
Chapter 5 of
subtitle B of title I is amended—
</text>
<paragraph id="H9F855828DFB74005B22ECE5DCBEAD92A">
<enum>
(1)
</enum>
<text>
by striking the
heading for chapter 5 and inserting the following:
<quote>
<header-in-text level="chapter" style="OLC">
Employment and training activities
</header-in-text>
</quote>
;
and
</text>
</paragraph>
<paragraph id="HE11EE61E15FB4A1F9A14F5621967CBD1">
<enum>
(2)
</enum>
<text>
in section 131 (29
U.S.C. 2861)—
</text>
<subparagraph id="HC74C2B3F110E428CA3126B0EF030326A">
<enum>
(A)
</enum>
<text>
by striking
<quote>
paragraphs (1)(B) and (2)(B) of
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H40E6D12D79BE45CCB3BD969C44A438ED">
<enum>
(B)
</enum>
<text>
by striking
<quote>
adults, and dislocated workers,
</quote>
and inserting
<quote>
individuals
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H9F795AEE11E14DF7947FA5B996B4E5C5">
<enum>
111.
</enum>
<header>
State
allotments
</header>
<text display-inline="no-display-inline">
Section 132 (29
U.S.C. 2862) is amended—
</text>
<paragraph id="HD7F49DFEB0324F32A19161D3DCD9E93F">
<enum>
(1)
</enum>
<text>
by amending
subsection (a) to read as follows:
</text>
<quoted-block id="HC4EA588275DD4B1091ACE473590D9074" style="OLC">
<subsection id="H7D3BC5F2256146CDBB8824D4ED1F0FB6">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall—
</text>
<paragraph id="HE18329C33C94436B95B502CCFDDAE365">
<enum>
(1)
</enum>
<text>
reserve ½ of 1
percent of the total amount appropriated under section 137 for a fiscal year,
of which—
</text>
<subparagraph id="HB7B00B9BD5C8454EB4B520E6601768E2">
<enum>
(A)
</enum>
<text>
50 percent shall
be used to provide technical assistance under section 170; and
</text>
</subparagraph>
<subparagraph id="H30F02B948E21485C809251E4571A1770">
<enum>
(B)
</enum>
<text>
50 percent shall
be used for evaluations under section 172;
</text>
</subparagraph>
</paragraph>
<paragraph id="HDAB5C186E71D498B8C6368F3DAD8D6CF">
<enum>
(2)
</enum>
<text>
reserve not more
than 1 percent of the total amount appropriated under section 137 for a fiscal
year to make grants to, and enter into contracts or cooperative agreements with
Indian tribes, tribal organizations, Alaska-Native entities, Indian-controlled
organizations serving Indians, or Native Hawaiian organizations to carry out
employment and training activities;
</text>
</paragraph>
<paragraph id="H4DC8D52640604C09B17511196F7F7589">
<enum>
(3)
</enum>
<text>
reserve not more
than 25 percent of the total amount appropriated under section 137 for a fiscal
year to carry out the Jobs Corps program under subtitle C;
</text>
</paragraph>
<paragraph id="H08F1D97F129749FCA005BB2D5870BD51">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
reserve not more than 3.5 percent of the
total amount appropriated under section 137 for a fiscal year to—
</text>
<subparagraph id="H6C2C6276707E4FE8A5447DA703B79DC8">
<enum>
(A)
</enum>
<text>
make grants to
State or local boards to provide employment and training assistance to workers
affected by major economic dislocations, such as plant closures, mass layoffs,
or closures and realignments of military installations; and
</text>
</subparagraph>
<subparagraph id="H35B93E21571B4D11ACDCED48FBAB4F8D">
<enum>
(B)
</enum>
<text>
provide assistance
to Governors of States with an area that has suffered an emergency or a major
disaster (as such terms are defined in paragraphs (1) and (2), respectively, of
section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5122">
42 U.S.C. 5122
</external-xref>
)) to provide disaster relief employment in the area.
</text>
</subparagraph>
</paragraph>
<paragraph id="HC3C7A51C9FF04E9BB87484AE4F130AE2">
<enum>
(5)
</enum>
<text>
from the remaining
amount appropriated under section 137 for a fiscal year (after reserving funds
under paragraphs (1) through (4)), make allotments in accordance with
subsection (b) of this section.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HE0A93FE8C46D4BFB9247CFE836D690B0">
<enum>
(2)
</enum>
<text>
by amending
subsection (b) to read as follows:
</text>
<quoted-block id="H4598DEECEB5E459E809C9238935FB135" style="OLC">
<subsection id="H3036C9CA1C724B8D9897A053450362D1">
<enum>
(b)
</enum>
<header>
Workforce
investment fund
</header>
<paragraph id="H9680AEAFC84C4C7DB70319FD25CF734E">
<enum>
(1)
</enum>
<header>
Reservation for
outlying areas
</header>
<subparagraph id="H24A205FA9BC2456B982E0CD49E724E4B">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
From the amount made available under subsection (a)(5)
for a fiscal year, the Secretary shall reserve not more than
<fraction>
1/4
</fraction>
of 1 percent to provide assistance to the outlying
areas.
</text>
</subparagraph>
<subparagraph id="H236EC8F71BC142BD8D1A1AC4CE66FEBE">
<enum>
(B)
</enum>
<header>
Restriction
</header>
<text display-inline="yes-display-inline">
The Republic of Palau shall cease to be
eligible to receive funding under this subparagraph upon entering into an
agreement for extension of United States educational assistance under the
Compact of Free Association (approved by the Compact of Free Association
Amendments Act of 2003 (
<external-xref legal-doc="public-law" parsable-cite="pl/99/658">
Public Law 99–658
</external-xref>
)) after the date of enactment of the
SKILLS Act.
</text>
</subparagraph>
</paragraph>
<paragraph id="H995FCB1EBFA14FB0A006FB7EE31A3E68">
<enum>
(2)
</enum>
<header>
States
</header>
<subparagraph id="H899E029854934D159C99DDB23FD15BB8">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
After determining the amount to be reserved under
paragraph (1), the Secretary shall allot the remainder of the amount referred
to in subsection (a)(5) for a fiscal year to the States pursuant to
<internal-xref idref="H1DE98DCE59D346DD8B6BDE34141DAA30" legis-path="q:H4598DEECEB5E459E809C9238935FB135:(b)(2)(B)">
subparagraph
(B)
</internal-xref>
for employment and training activities and statewide
workforce investment activities.
</text>
</subparagraph>
<subparagraph id="H1DE98DCE59D346DD8B6BDE34141DAA30">
<enum>
(B)
</enum>
<header>
Formula
</header>
<text>
Subject
to
<internal-xref idref="H0CDFFEC629AB4B58AC6E280A2F5C5893" legis-path="q:H4598DEECEB5E459E809C9238935FB135:(b)(2)(C)">
subparagraphs
(C)
</internal-xref>
and
<internal-xref idref="H00F895435985488AAF50C80620391E81" legis-path="q:H4598DEECEB5E459E809C9238935FB135:(b)(2)(D)">
(D)
</internal-xref>
,
of the remainder—
</text>
<clause id="HFD1586C1E238419A9405BE490225CB2F">
<enum>
(i)
</enum>
<text>
25
percent shall be allotted on the basis of the relative number of unemployed
individuals in areas of substantial unemployment in each State, compared to the
total number of unemployed individuals in areas of substantial unemployment in
all States;
</text>
</clause>
<clause id="H26ADA4E7DC974F2BBD6EE772E73D2168">
<enum>
(ii)
</enum>
<text>
25 percent shall
be allotted on the basis of the relative number of individuals in the civilian
labor force in each State, compared to the total number of such individuals in
all States;
</text>
</clause>
<clause id="H98E0E5CBB82843A3B1432CCA15387EA4">
<enum>
(iii)
</enum>
<text>
25 percent shall
be allotted on the basis of the relative number of individuals in each State
who have been unemployed for 15 weeks or more, compared to the total number of
individuals in all States who have been unemployed for 15 weeks or more;
and
</text>
</clause>
<clause id="H8184061365124C2DA67CB58FB856AB95">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
25 percent shall be allotted on the basis
of the relative number of disadvantaged youth in each State, compared to the
total number of disadvantaged youth in all States.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H0CDFFEC629AB4B58AC6E280A2F5C5893">
<enum>
(C)
</enum>
<header>
Minimum and
maximum percentages
</header>
<clause commented="no" id="HDDC9FD97CED04CB293C785D883056396">
<enum>
(i)
</enum>
<header>
Minimum
percentage
</header>
<text>
The Secretary shall ensure that no State shall receive
an allotment under this paragraph for—
</text>
<subclause commented="no" id="HF2DE9D634AE444AAAEA44B8E492C3440">
<enum>
(I)
</enum>
<text>
fiscal year 2014,
that is less than 100 percent of the allotment percentage of the State for
fiscal year 2012; and
</text>
</subclause>
<subclause commented="no" id="HFDE7E028D9314E36A44B322C231CC069">
<enum>
(II)
</enum>
<text>
fiscal year 2015
and each succeeding fiscal year, that is less than 90 percent of the allotment
percentage of the State for the preceding fiscal year.
</text>
</subclause>
</clause>
<clause commented="no" id="H090F319FD3EC429FBA262A561DCA09EF">
<enum>
(ii)
</enum>
<header>
Maximum
percentage
</header>
<text>
Subject to clause (i), the Secretary shall ensure that
no State shall receive an allotment under this paragraph for—
</text>
<subclause id="H442E287AD9D34BF6B8F039B640EFBF15">
<enum>
(I)
</enum>
<text>
fiscal year 2014,
that is more than 130 percent of the allotment percentage of the State for
fiscal year 2012; and
</text>
</subclause>
<subclause id="H686213E2F70643BBA1172A1B75954143">
<enum>
(II)
</enum>
<text>
fiscal year 2015
and each succeeding fiscal year, that is more than 130 percent of the allotment
percentage of the State for the preceding fiscal year.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H00F895435985488AAF50C80620391E81">
<enum>
(D)
</enum>
<header>
Small state
minimum allotment
</header>
<text>
Subject to
<internal-xref idref="H0CDFFEC629AB4B58AC6E280A2F5C5893" legis-path="q:H4598DEECEB5E459E809C9238935FB135:(b)(2)(C)">
subparagraph
(C)
</internal-xref>
, the Secretary shall ensure that no State shall receive an
allotment under this paragraph for a fiscal year that is less than
<fraction>
1/5
</fraction>
of 1 percent of the remainder described in
<internal-xref idref="H899E029854934D159C99DDB23FD15BB8" legis-path="q:H4598DEECEB5E459E809C9238935FB135:(b)(2)(A)">
subparagraph
(A)
</internal-xref>
for the fiscal year.
</text>
</subparagraph>
<subparagraph id="H9734B8CF1A7D47CAB830F0B3D1BC8334">
<enum>
(E)
</enum>
<header>
Definitions
</header>
<text>
For
the purpose of the formula specified in this paragraph:
</text>
<clause commented="no" id="H22AA89CEBB6B4A88BB45D716036B3D6B">
<enum>
(i)
</enum>
<header>
Allotment
percentage
</header>
<text display-inline="yes-display-inline">
The term
<term>
allotment percentage
</term>
—
</text>
<subclause commented="no" id="H9559C02781B04F91B2A0B68BC42656E3">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
used with respect to fiscal year 2012,
means the percentage of the amounts allotted to States under title I of this
Act, title V of the Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056">
42 U.S.C. 3056 et seq.
</external-xref>
), the
Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et
seq.), sections
<external-xref legal-doc="usc" parsable-cite="usc/38/4103A">
4103A
</external-xref>
and
<external-xref legal-doc="usc" parsable-cite="usc/38/4104">
4104
</external-xref>
of title 38, United States Code, and sections 1
through 14 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
), as such provisions
were in effect for fiscal year 2012, that is received under such provisions by
the State involved for fiscal year 2012; and
</text>
</subclause>
<subclause commented="no" id="HF048DB0EADED4CEC861AF47269DC98D4">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
used with respect to fiscal year 2014 or a
succeeding fiscal year, means the percentage of the amounts allotted to States
under this paragraph for the fiscal year that is received under this paragraph
by the State involved for the fiscal year.
</text>
</subclause>
</clause>
<clause commented="no" id="H5A137B2D3BF04CD1A9C4DC47CC69C780">
<enum>
(ii)
</enum>
<header>
Disadvantaged
youth
</header>
<text display-inline="yes-display-inline">
The term
<term>
disadvantaged youth
</term>
means an individual who is not less than age
16 and not more than age 24 who receives an income, or is a member of a family
that received a total family income, that in relation to family size, does not
exceed the higher of—
</text>
<subclause id="H5CDCACC9945E4234AD7B3330C8A87F17">
<enum>
(I)
</enum>
<text>
the poverty line;
or
</text>
</subclause>
<subclause id="H595AB5DD5FE7439386A16877616EF7D4">
<enum>
(II)
</enum>
<text>
70 percent of the
lower living standard income level.
</text>
</subclause>
</clause>
<clause id="H8C04D34E164A4312943EFF61CA36FB41">
<enum>
(iii)
</enum>
<header>
Individual
</header>
<text>
The
term
<term>
individual
</term>
means an individual who is age 16 or
older.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HA5CA43ABB07B4F72BD6009CC47D9DF08">
<enum>
112.
</enum>
<header>
Within State
allocations
</header>
<text display-inline="no-display-inline">
Section 133 is
amended—
</text>
<paragraph id="HED5985F038D34C0C9E3EBCB824A00E10">
<enum>
(1)
</enum>
<text>
by amending
subsection (a) to read as follows:
</text>
<quoted-block id="H6486AFCABB5F44CCA3EEE06760209B1F" style="OLC">
<subsection id="HF2638A07A1584D5AB6BDDC75A040C81C">
<enum>
(a)
</enum>
<header>
Reservations for
Statewide workforce investment activities
</header>
<paragraph id="H1C475CB16AA7473CA4BB40029274B59B">
<enum>
(1)
</enum>
<header>
Statewide
employment and training activities
</header>
<text>
The Governor of a State shall
reserve up to 15 percent of the total amount allotted to the State under
section 132(b)(2) for a fiscal year to carry out the statewide activities
described in section 134(a).
</text>
</paragraph>
<paragraph id="H7542C1D15869416CB14C4BE2DAFB4E0C">
<enum>
(2)
</enum>
<header>
Statewide rapid
response activities
</header>
<text>
Of the amount reserved under
<internal-xref idref="H1C475CB16AA7473CA4BB40029274B59B" legis-path="q:H6486AFCABB5F44CCA3EEE06760209B1F:(a)(1)">
paragraph
(1)
</internal-xref>
for a fiscal year, the Governor of the State shall reserve
not more than 25 percent for statewide rapid response activities described in
section 134(a)(4).
</text>
</paragraph>
<paragraph id="HE014E02C4376456AA998459E8C2F20E6">
<enum>
(3)
</enum>
<header>
Statewide grants
for individuals with barriers to employment
</header>
<text display-inline="yes-display-inline">
Of the amount reserved under paragraph (1)
for a fiscal year, the Governor of a State shall reserve 15 percent to carry
out statewide activities described in section 134(a)(5).
</text>
</paragraph>
<paragraph id="H5BDC71DABB62494C8C50959826FE4893">
<enum>
(4)
</enum>
<header>
State
administrative cost limit
</header>
<text display-inline="yes-display-inline">
Not
more than 5 percent of the funds reserved under paragraph (1) may be used by
the Governor of a State for administrative costs of carrying out the statewide
activities described in section
134(a).
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HE314CF0CFF3A4E07AC900D150AC54DBB">
<enum>
(2)
</enum>
<text>
by amending
subsection (b) to read as follows:
</text>
<quoted-block id="H9976F7F4716142138764E0D81E3A653A" style="OLC">
<subsection id="HB1CBB466D4FA4055B477417DEA4EDCE6">
<enum>
(b)
</enum>
<header>
Within state
allocation
</header>
<paragraph id="HABACFA8C4DD7488DBD16F99202212DEB">
<enum>
(1)
</enum>
<header>
Methods
</header>
<text>
The
Governor, acting in accordance with the State plan, and after consulting with
chief elected officials in the local areas, shall—
</text>
<subparagraph id="HC375790AB1F642EC84C9E4B5EB0B7CF5">
<enum>
(A)
</enum>
<text>
allocate the funds
that are allotted to the State for employment and training activities and not
reserved under subsection (a), in accordance with paragraph (2)(A); and
</text>
</subparagraph>
<subparagraph id="H85F89FFDA3F344D6BF288D9350F40757">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
award the funds that are reserved by the
State under subsection (a)(3) through competitive grants to eligible entities,
in accordance with section 134(a)(1)(C).
</text>
</subparagraph>
</paragraph>
<paragraph id="HA937604E5C67454BAADFE0CA9C318191">
<enum>
(2)
</enum>
<header>
Formula
allocations for the workforce investment fund
</header>
<subparagraph id="H53263A5FC9B24C11B9314AE84B8A2702">
<enum>
(A)
</enum>
<header>
Allocation
</header>
<text>
In
allocating the funds described in paragraph (1)(A) to local areas, a State
shall allocate—
</text>
<clause id="HE721266A0F054CF78A3A8AF7D9EDA920">
<enum>
(i)
</enum>
<text>
25
percent on the basis described in section 132(b)(2)(B)(i);
</text>
</clause>
<clause id="HCA8D1033D92B4668A30B1FC8E4D9823C">
<enum>
(ii)
</enum>
<text>
25 percent on the
basis described in section 132(b)(2)(B)(ii);
</text>
</clause>
<clause id="H312C937EFCA74FD5812A366E51A31841">
<enum>
(iii)
</enum>
<text>
25 percent on
the basis described in section 132(b)(2)(B)(iii); and
</text>
</clause>
<clause id="H00CA908386B94950888A3324B7A8837E">
<enum>
(iv)
</enum>
<text>
25 percent on the
basis described in section 132(b)(2)(B)(iv).
</text>
</clause>
</subparagraph>
<subparagraph id="H6323D42ADE7B4218AAD312011183FC72">
<enum>
(B)
</enum>
<header>
Minimum and
maximum percentages
</header>
<clause id="H64B1CB856AB544E6B29D50ED7990C2FC">
<enum>
(i)
</enum>
<header>
Minimum
percentage
</header>
<text>
The State shall ensure that no local area shall
receive an allocation under this paragraph for—
</text>
<subclause id="H0F6E866F1F164F68BEAB2AD86F0675B1">
<enum>
(I)
</enum>
<text>
fiscal year 2014,
that is less than 100 percent of the allocation percentage of the local area
for fiscal year 2012; and
</text>
</subclause>
<subclause id="H351C4F3BEBFF42A8A51FF4122AFFA114">
<enum>
(II)
</enum>
<text>
fiscal year 2015
and each succeeding fiscal year, that is less than 90 percent of the allocation
percentage of the local area for the preceding fiscal year.
</text>
</subclause>
</clause>
<clause id="H4DD6C5E1C53E46CD9989AD8C8FB5CFDD">
<enum>
(ii)
</enum>
<header>
Maximum
percentage
</header>
<text>
Subject to
<internal-xref idref="H64B1CB856AB544E6B29D50ED7990C2FC" legis-path="q:H9976F7F4716142138764E0D81E3A653A:(b)(2)(B)(i)">
clause
(i)
</internal-xref>
, the State shall ensure that no local area shall receive an
allocation for a fiscal year under this paragraph for—
</text>
<subclause id="H645BA7F7DD824D0AB1C1C66D174D5313">
<enum>
(I)
</enum>
<text>
fiscal year 2014,
that is more than 130 percent of the allocation percentage of the local area
for fiscal year 2012; and
</text>
</subclause>
<subclause id="H482FC50619F1411F8513F7B74E2E0C33">
<enum>
(II)
</enum>
<text>
fiscal year 2015
and each succeeding fiscal year, that is more than 130 percentage of the
allocation percentage of the local area for the preceding fiscal year.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph commented="no" id="H3A0B961D3631427DBD54AED6EDA826F1">
<enum>
(C)
</enum>
<header>
Definitions
</header>
<text>
For
the purpose of the formula specified in this paragraph, the term
<term>
allocation percentage
</term>
—
</text>
<clause commented="no" id="HBBA2E069B2D344E89C1072B6D666F0F7">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
used with respect to fiscal year 2012,
means the percentage of the amounts allocated to local areas under title I of
this Act, title V of the Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056">
42 U.S.C. 3056 et seq.
</external-xref>
),
the Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501
et seq.), sections
<external-xref legal-doc="usc" parsable-cite="usc/38/4103A">
4103A
</external-xref>
and
<external-xref legal-doc="usc" parsable-cite="usc/38/4104">
4104
</external-xref>
of title 38, United States Code, and sections
1 through 14 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
), as such
provisions were in effect for fiscal year 2012, that is received under such
provisions by the local area involved for fiscal year 2012; and
</text>
</clause>
<clause commented="no" id="H4282268C8FD44E80877C904D60198C84">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
used with respect to fiscal year 2014 or a
succeeding fiscal year, means the percentage of the amounts allocated to local
areas for the fiscal year under this paragraph that is received under this
paragraph by the local area involved for the fiscal
year.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H61F3285EC61346D3BA14AADD7F466163">
<enum>
(3)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H7BCA1F1488C74E958AD2EC367DE65CEF">
<enum>
(A)
</enum>
<text>
by amending
paragraph (1) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H782FF77F713746E189DFCE7FD2A0E13B" style="OLC">
<paragraph id="H69E0C2E43AFD42BAA60899459063318C">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Governor, may in
accordance with this subsection, reallocate to eligible local areas within the
State amounts that are allocated under subsection (b) for employment and
training activities and that are available for
reallocation.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H38B82E9700664C9F87EEAA622F0EA8D0">
<enum>
(B)
</enum>
<text>
in paragraph (2),
by striking
<quote>
paragraph (2)(A) or (3) of subsection (b) for such
activities
</quote>
and inserting
<quote>
subsection (b) for such
activities
</quote>
;
</text>
</subparagraph>
<subparagraph id="H698CE474B4BB469CAAED8ADCC5B153D9">
<enum>
(C)
</enum>
<text>
by amending
paragraph (3) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HEC6E149520CB4FF5B2C5CD49697ACE6B" style="OLC">
<paragraph id="HBF2584D29D854CE38E8F2E9A1E80BC86">
<enum>
(3)
</enum>
<header>
Reallocations
</header>
<text display-inline="yes-display-inline">
In making reallocations to eligible local
areas of amounts available pursuant to paragraph (2) for a program year, the
Governor shall allocate to each eligible local area within the State an amount
based on the relative amount allocated to such local area under subsection
(b)(2) for such activities for such prior program year, as compared to the
total amount allocated to all eligible local areas in the State under
subsection (b)(2) for such activities for such prior program
year.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H90EC4B71B6A0451EBBA753CA724FF7AB">
<enum>
(D)
</enum>
<text>
in paragraph (4),
by striking
<quote>
paragraph (2)(A) or (3) of
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H191C093DB27148EA948AC14FFFB4B64F">
<enum>
(4)
</enum>
<text>
by adding at the
end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H1F2E5D7FF0EF492C82A88BE6EBBB4207" style="OLC">
<subsection id="H42A5E0FC19F64F948394EDFC9D14B4CB">
<enum>
(d)
</enum>
<header>
Local
administrative cost limit
</header>
<text display-inline="yes-display-inline">
Of
the amounts allocated to a local area under this section for a fiscal year, not
more than 10 percent of the amount may be used by the local board involved for
the administrative costs of carrying out local workforce investment activities
in the local area under this
chapter.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HDA559045C34B4D32A9C192DDFA1438D1">
<enum>
113.
</enum>
<header>
Use of funds
for employment and training activities
</header>
<text display-inline="no-display-inline">
Section 134 is amended—
</text>
<paragraph id="HA4B2F23E1A7345A694E940B83DA26308">
<enum>
(1)
</enum>
<text>
by amending
subsection (a) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H1E0181ED92C7437A8C7E3BC99D1459F6" style="OLC">
<subsection id="H0F27756D1B5744209192B6C5B221BE67">
<enum>
(a)
</enum>
<header>
Statewide
Employment and Training Activities
</header>
<paragraph id="H01CA241A68234134AAC363C5D971D6B4">
<enum>
(1)
</enum>
<header>
In
general
</header>
<subparagraph id="H0FC13E2F8B2D4BF98A25D7B07E7ACDF6">
<enum>
(A)
</enum>
<header>
Distribution of
statewide activities
</header>
<text>
Funds reserved by a Governor for a State as
described in section 133(a)(1)—
</text>
<clause id="H0BE202C2411B461085B52EEBE6C6FBC9">
<enum>
(i)
</enum>
<text>
shall be used to
carry out the statewide employment and training activities described in
paragraph (2); and
</text>
</clause>
<clause id="H8D41E35017FF4B998DCDC791E66115BC">
<enum>
(ii)
</enum>
<text>
may be used to
carry out any of the statewide employment and training activities described in
paragraph (3).
</text>
</clause>
</subparagraph>
<subparagraph id="HA733B5BA93154763A5CEA1C6C82C1428">
<enum>
(B)
</enum>
<header>
Statewide rapid
response activities
</header>
<text>
Funds reserved by a Governor for a State as
described in section 133(a)(2) shall be used to carry out the statewide rapid
response activities described in paragraph (4).
</text>
</subparagraph>
<subparagraph id="HEBB4B0DAB1EA4430AD43747D13AD5FCB">
<enum>
(C)
</enum>
<header>
Statewide grants
for individuals with barriers to employment
</header>
<text>
Funds reserved by a
Governor for a State as described in section 133(a)(3) shall be used to carry
out the Statewide Grants for Individuals with Barriers to Employment
competition described in paragraph (5).
</text>
</subparagraph>
</paragraph>
<paragraph id="HCA18952FA07E4334A6D22D512C21E237">
<enum>
(2)
</enum>
<header>
Required
Statewide employment and training activities
</header>
<text display-inline="yes-display-inline">
A State shall use funds reserved as
described in section 133(a)(1) to carry out statewide employment and training
activities, which shall include—
</text>
<subparagraph id="H355F87A730C74E17A3AEEDB7D9707B24">
<enum>
(A)
</enum>
<text>
disseminating the
State list of eligible providers of training described in section 122(d),
information identifying eligible providers of on-the-job training and
customized training described in section 122(i), and performance information
and program cost information described in section 122(b)(2);
</text>
</subparagraph>
<subparagraph id="HA77FDDB7706E4535BE076909EC74E5DA">
<enum>
(B)
</enum>
<text>
supporting the
provision of work ready services described in subsection (c)(2) in the one-stop
delivery system;
</text>
</subparagraph>
<subparagraph id="H1420531EE9CD4CA78E00B51D5D99030C">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
implementing strategies and services that
will be used in the State to assist at-risk youth and out-of-school youth in
acquiring the education and skills, recognized postsecondary credentials, and
employment experience to succeed in the labor market;
</text>
</subparagraph>
<subparagraph id="H48570647D5C34FD791F99D4F8FCD30F9">
<enum>
(D)
</enum>
<text>
conducting
evaluations under section 136(e) of activities authorized under this chapter in
coordination with evaluations carried out by the Secretary under section
172;
</text>
</subparagraph>
<subparagraph id="HB352C65FF33D4EB9A07DE26BEBF81A9F">
<enum>
(E)
</enum>
<text>
providing
technical assistance to local areas that fail to meet local performance
measures;
</text>
</subparagraph>
<subparagraph id="H44936ABD428548F4A117B66443332B3B">
<enum>
(F)
</enum>
<text>
operating a fiscal
and management accountability system under section 136(f); and
</text>
</subparagraph>
<subparagraph id="H2D27BA38C2114771874AC1E6F9B1FA4B">
<enum>
(G)
</enum>
<text>
carrying out
monitoring and oversight of activities carried out under this chapter.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF600E8EDCA3649CB8A55C62D7132AFFA">
<enum>
(3)
</enum>
<header>
Allowable
statewide employment and training activities
</header>
<text>
A State may use
funds reserved as described in section 133(a)(1) to carry out statewide
employment and training activities which may include—
</text>
<subparagraph id="H13FE2A22597F4913B61F173C36DF9FEB">
<enum>
(A)
</enum>
<text>
implementing
innovative programs and strategies designed to meet the needs of all employers
in the State, including small employers, which may include incumbent worker
training programs, sectoral and industry cluster strategies and partnerships,
career ladder programs, micro-enterprise and entrepreneurial training and
support programs, utilization of effective business intermediaries, activities
to improve linkages between the one-stop delivery system in the State and all
employers (including small employers) in the State, and other business services
and strategies that better engage employers in workforce investment activities
and make the workforce investment system more relevant to the needs of State
and local businesses, consistent with the objectives of this title;
</text>
</subparagraph>
<subparagraph id="HFCF2212921134A3C910E5F58C5DC2823">
<enum>
(B)
</enum>
<text>
providing
incentive grants to local areas for regional cooperation among local boards
(including local boards in a designated region as described in section 116(c)),
for local coordination of activities carried out under this Act, and for
exemplary performance by local areas on the local performance measures;
</text>
</subparagraph>
<subparagraph id="HD722F0B13B5146D5BEEEE38C6E59D04E">
<enum>
(C)
</enum>
<text>
developing
strategies for effectively integrating programs and services among one-stop
partners;
</text>
</subparagraph>
<subparagraph id="HB9623C6DE8A84C44A4F3A082FBF82151">
<enum>
(D)
</enum>
<text>
carrying out
activities to facilitate remote access to services provided through a one-stop
delivery system, including facilitating access through the use of
technology;
</text>
</subparagraph>
<subparagraph id="H58A39914385248B09EABAB9A5397CBBB">
<enum>
(E)
</enum>
<text>
incorporating
pay-for-performance contracting strategies as an element in funding activities
under this section;
</text>
</subparagraph>
<subparagraph id="HC690F0DAD3DB426A90C36948A8923B23">
<enum>
(F)
</enum>
<text>
carrying out the
State option under subsection (f)(8); and
</text>
</subparagraph>
<subparagraph id="H7F1BE1F1F17B42E182E69FF346DA7D44">
<enum>
(G)
</enum>
<text>
carrying out other
activities authorized under this section that the State determines to be
necessary to assist local areas in carrying out activities described in
subsection (c) or (d) through the statewide workforce investment system.
</text>
</subparagraph>
</paragraph>
<paragraph id="H9FE7BC540383465F9AAD343B85374393">
<enum>
(4)
</enum>
<header>
Statewide rapid
response activities
</header>
<text display-inline="yes-display-inline">
A State
shall use funds reserved as described in section 133(a)(2) to carry out
statewide rapid response activities, which shall include—
</text>
<subparagraph id="H36AEC470D9CF4925B0C976A939119F68">
<enum>
(A)
</enum>
<text>
provision of rapid
response activities, carried out in local areas by the State or by an entity
designated by the State, working in conjunction with the local boards and the
chief elected officials in the local areas; and
</text>
</subparagraph>
<subparagraph id="HFFFF4AFCD87F4EB6AF1AE2C9BE731626">
<enum>
(B)
</enum>
<text>
provision of
additional assistance to local areas that experience disasters, mass layoffs or
plant closings, or other events that precipitate substantial increases in the
number of unemployed individuals, carried out in local areas by the State or by
an entity designated by the State, working in conjunction with the local boards
and the chief elected officials in the local areas.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1B19EB34EA2F4251B8F27F26E5147543">
<enum>
(5)
</enum>
<header>
Statewide grants
for individuals with barriers to employment
</header>
<subparagraph id="H437AF9225DC24EF6A646656C16842C95">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Of the funds reserved
as described in section 133(a)(3), the Governor of a State—
</text>
<clause id="H020F788AAF444F78B10A40C24378C61D">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
may reserve up to 5 percent to provide
technical assistance to, and conduct evaluations as described in section
136(e), of the programs and activities carried out under this paragraph;
and
</text>
</clause>
<clause id="HAA942347B0D742078D858988CCA14962">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
using the remainder, shall award grants on
a competitive basis to eligible entities described in subparagraph (B) to carry
out employment and training programs authorized under this paragraph for
individuals with barriers to employment that meet specific performance outcomes
and criteria established by the Governor.
</text>
</clause>
</subparagraph>
<subparagraph id="HC974E4F1F3CD4492BE22E90F4794DDC8">
<enum>
(B)
</enum>
<header>
Eligible entity
defined
</header>
<text display-inline="yes-display-inline">
For purposes of this
paragraph, the term
<term>
eligible entity
</term>
means an entity that—
</text>
<clause id="H04CCF487A84A4612AB23E6587409A8AE">
<enum>
(i)
</enum>
<text>
is
a—
</text>
<subclause id="H7C882CA719B04E56A6191275012A00D8">
<enum>
(I)
</enum>
<text>
local board or a
consortium of local boards;
</text>
</subclause>
<subclause id="H45F3A1EC0C0545A0A3D1C2CCF2E24C8F">
<enum>
(II)
</enum>
<text>
nonprofit entity,
for-profit entity, or a consortium of nonprofit or for-profit entities;
or
</text>
</subclause>
<subclause id="HA6A211FAA50146A1A9251DA6C3B5F803">
<enum>
(III)
</enum>
<text>
consortium of
the entities described in subclauses (I) and (II);
</text>
</subclause>
</clause>
<clause id="HC893AB36A2E84E0087C132251519AA00">
<enum>
(ii)
</enum>
<text>
has a
demonstrated record of placing individuals into unsubsidized employment and
serving hard to serve individuals; and
</text>
</clause>
<clause id="HFF15E61A6C69431A970328A69319757F">
<enum>
(iii)
</enum>
<text>
agrees to be
reimbursed primarily on the basis of achievement of specified performance
outcomes and criteria established by the Governor.
</text>
</clause>
</subparagraph>
<subparagraph id="HA447DDB092B848E9B0A040251EF5D5F0">
<enum>
(C)
</enum>
<header>
Grant
period
</header>
<clause id="H9AFB9878EF034E79A569D74410174E6E">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
A grant under this
paragraph shall be awarded for a period of 1 year.
</text>
</clause>
<clause id="H607469220C6941219F346F1123945E38">
<enum>
(ii)
</enum>
<header>
Grant
renewal
</header>
<text display-inline="yes-display-inline">
A Governor of a State
may renew, for up to 4 additional 1-year periods, a grant awarded under this
paragraph.
</text>
</clause>
</subparagraph>
<subparagraph id="HD5A32A008D534E9D89757629954B7B0A">
<enum>
(D)
</enum>
<header>
Eligible
Participants
</header>
<text display-inline="yes-display-inline">
To be eligible
to participate in activities under this paragraph, an individual shall be a
low-income individual age 16 or older or a member of a low-income
family.
</text>
</subparagraph>
<subparagraph id="H28B1A58F154249669CC616B17600E9D3">
<enum>
(E)
</enum>
<header>
Use of
Funds
</header>
<text display-inline="yes-display-inline">
An eligible entity
receiving a grant under this paragraph shall use such funds for activities that
are designed to assist eligible participants in obtaining employment and
acquiring the education and skills necessary to succeed in the labor
market.
</text>
</subparagraph>
<subparagraph id="H3C19036110344A0FA4FFD762D5ED03DE">
<enum>
(F)
</enum>
<header>
Applications
</header>
<text display-inline="yes-display-inline">
To be eligible to receive a grant under
this paragraph, an eligible entity shall submit an application to a State at
such time, in such manner, and containing such information as the State may
require, including—
</text>
<clause id="H2B93CA13004544D7B06F1DA84A883C46">
<enum>
(i)
</enum>
<text>
a
description of how the strategies and activities will be aligned with the State
plan submitted under section 112 and the local plan submitted under section 118
with respect to the areas of the State that will be the focus of grant
activities under this paragraph;
</text>
</clause>
<clause id="HA2E7600DB349455BBBF07E1DCFBED90A">
<enum>
(ii)
</enum>
<text>
a
description of the educational and skills training programs and activities the
eligible entity will provide to eligible participants under this
paragraph;
</text>
</clause>
<clause id="H3E1A011593EA46C2BA5F9BD09756F4C0">
<enum>
(iii)
</enum>
<text>
how the eligible
entity will collaborate with State and local workforce investment systems
established under this title in the provision of such programs and
activities;
</text>
</clause>
<clause id="H8ED9E46FA32546B6830C79C176E9DB80">
<enum>
(iv)
</enum>
<text>
a
description of the programs of demonstrated effectiveness on which the
provision of such educational and skills training programs and activities are
based, and a description of how such programs and activities will improve the
education and skills training for eligible participants;
</text>
</clause>
<clause id="H7AA0CEAFB4EC451DA172F1BE090EC33B">
<enum>
(v)
</enum>
<text>
a
description of the populations to be served and the skill needs of those
populations, and the manner in which eligible participants will be recruited
and selected as participants;
</text>
</clause>
<clause id="H75757E8CBCCB4BFD8F15D09295DD12E1">
<enum>
(vi)
</enum>
<text>
a
description of the private, public, local, and State resources that will be
leveraged, in addition to the grant funds provided for the programs and
activities under this paragraph, and how the entity will ensure the
sustainability of such programs and activities after grant funds are no longer
available;
</text>
</clause>
<clause id="H65186EC8BF9041A4B5B16975655D6620">
<enum>
(vii)
</enum>
<text>
a description of
the extent of the involvement of employers in such programs and
activities;
</text>
</clause>
<clause id="HC48BC094AC9D48E68A6818860C3FD53A">
<enum>
(viii)
</enum>
<text>
a description
of the levels of performance the eligible entity expects to achieve with
respect to the indicators of performance for all individuals specified in
section in 136(b)(2);
</text>
</clause>
<clause id="HFA17BFFEA45C47B5B6AA41A7B08F4687">
<enum>
(ix)
</enum>
<text>
a
detailed budget and a description of the system of fiscal controls, and
auditing and accountability procedures that will be used to ensure fiscal
soundness for the programs and activities provided under this paragraph;
and
</text>
</clause>
<clause id="HA1A9A83EB1844D8282C3AB0EE7623837">
<enum>
(x)
</enum>
<text>
any other criteria
the Governor may
require.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HD8F702F54CA2424392CF38A75DDE975C">
<enum>
(2)
</enum>
<text>
by amending
subsection (b) to read as follows:
</text>
<quoted-block id="H98900C6FFB004C7B947DDA6C83DA9459" style="OLC">
<subsection id="H71D1955566744BA6A014F1BFF6A27643">
<enum>
(b)
</enum>
<header>
Local employment
and training activities
</header>
<text>
Funds allocated to a local area under
section 133(b)—
</text>
<paragraph id="H9AF04248FBE64C489769B0EC0FBD1002">
<enum>
(1)
</enum>
<text>
shall be used to
carry out employment and training activities described in subsection (c);
and
</text>
</paragraph>
<paragraph id="H77055CF5256B4F2485E7E593D78427E1">
<enum>
(2)
</enum>
<text>
may be used to
carry out employment and training activities described in subsection
(d).
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H9553241FE56C4ABA93490E11E79CED9B">
<enum>
(3)
</enum>
<text>
by striking
subsection (c);
</text>
</paragraph>
<paragraph id="HF931CC64CCE24E8F8D3B5F036BD5C550">
<enum>
(4)
</enum>
<text>
by redesignating
subsections (d) and (e), as subsections (c) and (d), respectively;
</text>
</paragraph>
<paragraph id="HB8B737C20A124357AD8414F280F03B4C">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
in subsection (c) (as so
redesignated)—
</text>
<subparagraph id="H12FB6758BA614EC4A38F7F4421F0BCAB">
<enum>
(A)
</enum>
<text>
by amending
paragraph (1) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H86191C8E24A3457699B8ABF93FC66DDF" style="OLC">
<paragraph id="H6E34FB0C15284B17A8FE7E26CCB92DE0">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Funds allocated to a
local area under section 133(b) shall be used—
</text>
<subparagraph id="H0C585F24B8734F08B388C896F17EFE1A">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
to establish a one-stop delivery system as
described in section 121(e);
</text>
</subparagraph>
<subparagraph id="HA44BD1999C2142FF86CC46D7815F3F13">
<enum>
(B)
</enum>
<text>
to provide the
work ready services described in paragraph (2) through the one-stop delivery
system in accordance with such paragraph; and
</text>
</subparagraph>
<subparagraph id="HC323C2788EFD451E80A9F646F8D127C6">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
to provide training services described in
paragraph (4) in accordance with such
paragraph.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H53B5FACFC93548AAB7774E204131E947">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="HF135B4217F04477B929375E2A9E2B0FA">
<enum>
(i)
</enum>
<text>
in
the heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Core services
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
Work ready
services
</header-in-text>
</quote>
;
</text>
</clause>
<clause id="HC211CE19A9AE4257B6CBC4E84908330A">
<enum>
(ii)
</enum>
<text>
in
the matter preceding subparagraph (A)—
</text>
<subclause id="HA3A9D1A458D1413ABC7672301080A52E">
<enum>
(I)
</enum>
<text>
by striking
<quote>
(1)(A)
</quote>
and inserting
<quote>
(1)(B)
</quote>
;
</text>
</subclause>
<subclause id="H8A3A317CA28C4A759D0EC794C5F8AEB9">
<enum>
(II)
</enum>
<text>
by striking
<quote>
core services
</quote>
and inserting
<quote>
work ready services
</quote>
;
and
</text>
</subclause>
<subclause id="H456AFFF3AD1949FF8CA77A121D3D5C0A">
<enum>
(III)
</enum>
<text>
by striking
<quote>
who are adults or dislocated workers
</quote>
;
</text>
</subclause>
</clause>
<clause id="H32BFA1D227234C4D9B7AECD467F7A765">
<enum>
(iii)
</enum>
<text>
by
redesignating subparagraph (K) as subparagraph (V);
</text>
</clause>
<clause id="H0F19518D719C4E659CB48635F5134DEB">
<enum>
(iv)
</enum>
<text>
by
redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K),
respectively;
</text>
</clause>
<clause id="HC6FD092D8882416CBBBFD16559E3D386">
<enum>
(v)
</enum>
<text>
by
inserting after subparagraph (A) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H59FC40162BD74ACEA73F575B7529E42E" style="OLC">
<subparagraph id="HF4B8EA97066449F1923B96C34570D806">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
assistance in obtaining eligibility
determinations under the other one-stop partner programs through activities,
where appropriate and consistent with the authorizing statute of the one-stop
partner program, such as assisting in the submission of applications, the
provision of information on the results of such applications, and the provision
of intake services and
information;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause display-inline="no-display-inline" id="H76F89ECC7ABF415C80AC1FF1640FBF72">
<enum>
(vi)
</enum>
<text>
by amending
subparagraph (E), as so redesignated, to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H200C50598F1946B993FCC1C3D47D7909" style="OLC">
<subparagraph id="HBFB7948C357F4F0CBCB5685CBD14BFDD">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
labor exchange services, including—
</text>
<clause id="HABCD7F4BBBAA4045A5116C3FB31B47BF">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
job search and placement assistance, and
where appropriate, career counseling;
</text>
</clause>
<clause id="H55A36FE71B6D4B52897CC82CC08D5E2E">
<enum>
(ii)
</enum>
<text>
appropriate
recruitment services for employers, including small employers, in the local
area, which may include services described in this subsection, including
information and referral to specialized business services not traditionally
offered through the one-stop delivery system; and
</text>
</clause>
<clause id="H7D41C923FF834493AD0C66E980171A6E">
<enum>
(iii)
</enum>
<text>
reemployment
services provided to unemployment claimants, including claimants identified as
in need of such services under the worker profiling system established under
section 303(j) of the Social Security Act (42 U.S.C.
503(j));
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HE5FF43CDACA84DAE8FDCA733C0EE1E0F">
<enum>
(vii)
</enum>
<text>
in
subparagraph (F), as so redesignated, by striking
<quote>
employment
statistics
</quote>
and inserting
<quote>
workforce and labor
market
</quote>
;
</text>
</clause>
<clause id="H8082C5F9F758420C8EA0C9B641181074">
<enum>
(viii)
</enum>
<text>
in subparagraph
(G), as so redesignated, by striking
<quote>
and eligible providers of youth
activities described in section 123,
</quote>
;
</text>
</clause>
<clause id="HC875498277C94EBB95B7FC9EF37E33AC">
<enum>
(ix)
</enum>
<text>
in
subparagraph (H), as so redesignated, by inserting
<quote>
under section
136
</quote>
after
<quote>
local performance measures
</quote>
;
</text>
</clause>
<clause id="HFF346DE0764F493C8266AF9C0BDCC49B">
<enum>
(x)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (J), as so redesignated, by
inserting
<quote>
and the administration of the work test for the unemployment
compensation system
</quote>
after
<quote>
compensation
</quote>
;
</text>
</clause>
<clause id="H98DD89349C9548E8B592C4B4321A6301">
<enum>
(xi)
</enum>
<text>
by
amending subparagraph (K), as so redesignated, to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H98BB515825D64966B0ADEAE39617B007" style="OLC">
<subparagraph id="H33BBE543AC2A4EDEBAAC29415F076987">
<enum>
(K)
</enum>
<text display-inline="yes-display-inline">
assistance in establishing eligibility for
programs of financial aid assistance for training and education programs that
are not funded under this Act and are available in the local
area;
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H4D675CC4C0004A76A2CF8C1EE9FCC734">
<enum>
(xii)
</enum>
<text>
by
inserting the following new subparagraphs after subparagraph (K), as so
redesignated:
</text>
<quoted-block display-inline="no-display-inline" id="HD1C6B9214E23497A86ABF8A3C5266622" style="OLC">
<subparagraph id="H3BF26FD621AD4BE59228F90D179636BD">
<enum>
(L)
</enum>
<text display-inline="yes-display-inline">
the provision of information from official
publications of the Internal Revenue Service regarding Federal tax credits
available to individuals relating to education, job training and
employment;
</text>
</subparagraph>
<subparagraph id="H81B367717371498D813E0CD17F444C44">
<enum>
(M)
</enum>
<text>
comprehensive and
specialized assessments of the skill levels and service needs of workers, which
may include—
</text>
<clause id="HABDC12B54EFF420196FE162CF085C566">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
diagnostic testing and use of other
assessment tools; and
</text>
</clause>
<clause id="H0A9768FE37154F3988A344FB04097C32">
<enum>
(ii)
</enum>
<text>
in-depth
interviewing and evaluation to identify employment barriers and appropriate
employment goals;
</text>
</clause>
</subparagraph>
<subparagraph id="H9E9F450ED68F4252BC0BBC7B05754468">
<enum>
(N)
</enum>
<text display-inline="yes-display-inline">
development of an individual employment
plan, to identify the employment goals, appropriate achievement objectives, and
appropriate combination of services for the participant;
</text>
</subparagraph>
<subparagraph id="H1BE8478A18884DFA839FA0A11B57101A">
<enum>
(O)
</enum>
<text>
group
counseling;
</text>
</subparagraph>
<subparagraph id="H4647402F754643A1AF44CC294B3C558E">
<enum>
(P)
</enum>
<text>
individual
counseling and career planning;
</text>
</subparagraph>
<subparagraph id="HE2A6265918C34B2E8DCBC1B499CC38E0">
<enum>
(Q)
</enum>
<text>
case
management;
</text>
</subparagraph>
<subparagraph id="HB58B407A132E4A47BE02A62E426B9A19">
<enum>
(R)
</enum>
<text>
short-term
pre-career services, including development of learning skills, communications
skills, interviewing skills, punctuality, personal maintenance skills, and
professional conduct, to prepare individuals for unsubsidized employment or
training;
</text>
</subparagraph>
<subparagraph id="H30EB0DEE6F074050815EE349DC372930">
<enum>
(S)
</enum>
<text>
internships and
work experience;
</text>
</subparagraph>
<subparagraph id="H6FC43F91EF8D4A2B99FE79A0F35AF853">
<enum>
(T)
</enum>
<text>
literacy
activities relating to basic work readiness, information and communication
technology literacy activities, and financial literacy activities, if such
activities are not available to participants in the local area under programs
administered under the Adult Education and Family Literacy Act (20 U.S.C. 2901
et seq.);
</text>
</subparagraph>
<subparagraph id="H95D923B883AF445A9CFAD43D28B42CD7">
<enum>
(U)
</enum>
<text>
out-of-area job
search assistance and relocation assistance;
and
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H256E9D32681F4079B5F2F6313DDFF588">
<enum>
(C)
</enum>
<text>
by amending
paragraph (3) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H55DD3B3CE73A49C3935D3CB3170BEF04" style="OLC">
<paragraph id="H5C5D1141A0534AE28F98D2AC48757D58">
<enum>
(3)
</enum>
<header>
Delivery of
services
</header>
<text>
The work ready services described in paragraph (2) shall
be provided through the one-stop delivery system and may be provided through
contracts with public, private for-profit, and private nonprofit service
providers, approved by the local board.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HBF9E53F709FB4BDA874704D9B58BC6AB">
<enum>
(D)
</enum>
<text>
in paragraph
(4)—
</text>
<clause id="HBA041E64CB534ADF8199F59B4FEF0A3A">
<enum>
(i)
</enum>
<text>
by
amending subparagraph (A) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HA4EA82F082FF422EB78CA7E8218D0A96" style="OLC">
<subparagraph id="HB3B363051FA84051B0F54CAAF4BF1628">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Funds described in
paragraph (1)(C) shall be used to provide training services to individuals
who—
</text>
<clause id="H8B8A1D38DB81413991305070D7FDFA32">
<enum>
(i)
</enum>
<text>
after an
interview, evaluation, or assessment, and case management, have been determined
by a one-stop operator or one-stop partner, as appropriate, to—
</text>
<subclause id="HD6B474D6ABD14304B9482A9B6335043F">
<enum>
(I)
</enum>
<text>
be in need of
training services to obtain or retain employment; and
</text>
</subclause>
<subclause id="H0C88038956534CD0A2607FEF8EF008B5">
<enum>
(II)
</enum>
<text>
have the skills
and qualifications to successfully participate in the selected program of
training services;
</text>
</subclause>
</clause>
<clause id="H3273D668A0BA4A3E9285892FBC8ECEFD">
<enum>
(ii)
</enum>
<text>
select programs
of training services that are directly linked to the employment opportunities
in the local area involved or in another area in which the individual receiving
such services are willing to commute or relocate; and
</text>
</clause>
<clause id="HE7B3DCAD7B9241C8970AF92900F7EE32">
<enum>
(iii)
</enum>
<text>
who meet the
requirements of subparagraph (B);
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HF837E0DD2BCD4B75869E60FD03AEFF77">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (B)(i), by striking
<quote>
Except
</quote>
and inserting
<quote>
Notwithstanding section 479B of the
Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1087uu">
20 U.S.C. 1087uu
</external-xref>
) and except
</quote>
;
</text>
</clause>
<clause id="HB476B87358BA45F48494E0104A98AB6F">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
by amending subparagraph (D) to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="H26EC2F1E30D74BB895928AEA5D9E78EF" style="OLC">
<subparagraph id="HACAB2BDB13A94E21BF1188C6A8270B55">
<enum>
(D)
</enum>
<header>
Training
services
</header>
<text>
Training services authorized under this paragraph may
include—
</text>
<clause id="H5C0C4436019D462686ECF83DFEF13737">
<enum>
(i)
</enum>
<text>
occupational
skills training;
</text>
</clause>
<clause id="HA9CE72E544A244E795A7B0CCF14AB719">
<enum>
(ii)
</enum>
<text>
on-the-job
training;
</text>
</clause>
<clause id="H7263A45D855E40739C58EC681B207431">
<enum>
(iii)
</enum>
<text>
skill upgrading
and retraining;
</text>
</clause>
<clause id="HA988AB3F112140EFBDFA644003A1F2D7">
<enum>
(iv)
</enum>
<text>
entrepreneurial
training;
</text>
</clause>
<clause id="H644954311F71471A84DEF9E399DBEA6F">
<enum>
(v)
</enum>
<text>
education
activities leading to a regular secondary school diploma or its recognized
equivalent in combination with, concurrently or subsequently, occupational
skills training;
</text>
</clause>
<clause id="H179FB0885711415A905A785D64FE477D">
<enum>
(vi)
</enum>
<text>
adult education
and literacy activities provided in conjunction with other training authorized
under this subparagraph;
</text>
</clause>
<clause id="H707F4B2CB04B46CBBC983F6E030E8672">
<enum>
(vii)
</enum>
<text>
workplace
training combined with related instruction;
</text>
</clause>
<clause id="HC4AFE4E96C2E4CBF9EAEE8EB57B594E7">
<enum>
(viii)
</enum>
<text>
occupational
skills training that incorporates English language acquisition;
</text>
</clause>
<clause id="H93860AF97A4D4C02AB0D793D9B4CE2F8">
<enum>
(ix)
</enum>
<text>
customized
training conducted with a commitment by an employer or group of employers to
employ an individual upon successful completion of the training; and
</text>
</clause>
<clause id="HE55F9EC84939458193F2ADC772204B86">
<enum>
(x)
</enum>
<text>
training programs
operated by the private
sector.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HBD1EABEC3E1F41978CFA4894AC8D19B4">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
by striking subparagraph (E) and
redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F),
respectively; and
</text>
</clause>
<clause id="H9530E9AA6E2A44CF99F784FF94CAE1B3">
<enum>
(v)
</enum>
<text>
in
subparagraph (E) (as so redesignated)—
</text>
<subclause id="H8F2A6F6BE1EB42DF9ED46356FB993EA5">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
in clause (ii)—
</text>
<item id="H04B06B61864344E49FAE296ECBB7B4F7">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
in the matter preceding subclause (I), by
striking
<quote>
subsection (c)
</quote>
and inserting
<quote>
section
121
</quote>
;
</text>
</item>
<item id="HFD5879A069A34699A949037F4729D546">
<enum>
(bb)
</enum>
<text>
in
subclause (I), by striking
<quote>
section 122(e)
</quote>
and inserting
<quote>
section 122(d)
</quote>
and by striking
<quote>
section 122(h)
</quote>
and
inserting
<quote>
section 122(i)
</quote>
; and
</text>
</item>
<item id="H3ABDFCA174C04E15AF871A1E911FCBE4">
<enum>
(cc)
</enum>
<text>
in
subclause (II), by striking
<quote>
subsections (e) and (h)
</quote>
and
inserting
<quote>
subsection (i)
</quote>
; and
</text>
</item>
</subclause>
<subclause id="H24F6651E6AAB40AFB34859B2FD4A1945">
<enum>
(II)
</enum>
<text>
by striking
clause (iii) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H9737A0240779420E992D7A6B72BD3C20" style="OLC">
<clause id="H3122643ABF8E47498466B6CAED4C75CA">
<enum>
(iii)
</enum>
<header>
Career
enhancement accounts
</header>
<text display-inline="yes-display-inline">
An
individual who seeks training services and who is eligible pursuant to
subparagraph (A), may, in consultation with a case manager, select an eligible
provider of training services from the list or identifying information for
providers described in clause (ii)(I). Upon such selection, the one-stop
operator involved shall, to the extent practicable, refer such individual to
the eligible provider of training services, and arrange for payment for such
services through a career enhancement account.
</text>
</clause>
<clause id="H4B266285EA824EAEBFD69F4A5C62D917">
<enum>
(iv)
</enum>
<header>
Coordination
</header>
<text>
Each
local board may, through one-stop centers, coordinate career enhancement
accounts with other Federal, State, local, or private job training programs or
sources to assist the individual in obtaining training services.
</text>
</clause>
<clause id="H5731685E9F1A4817AE2155C38BD75AEE">
<enum>
(v)
</enum>
<header>
Assistance
</header>
<text>
Each
local board may, through one-stop centers, assist individuals receiving career
enhancement accounts in obtaining funds (in addition to the funds provided
under this section) from other programs and sources that will assist the
individual in obtaining training
services.
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="HFA0BC45FC87A46CEB96565C1E15822EF">
<enum>
(vi)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (F) (as so
redesignated)—
</text>
<subclause id="HE26A6F10584B485A93533FCCEFFE8A30">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
in the subparagraph heading, by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
individual training
accounts
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
career enhancement
accounts
</header-in-text>
</quote>
;
</text>
</subclause>
<subclause id="H00E627F073CC43B9BF30FD9923CA8201">
<enum>
(II)
</enum>
<text>
in clause (i) by
striking
<quote>
individual training accounts
</quote>
and inserting
<quote>
career enhancement accounts
</quote>
;
</text>
</subclause>
<subclause id="HFDBF2596B8E346C18EAC408107C27094">
<enum>
(III)
</enum>
<text>
in clause
(ii)—
</text>
<item id="H6757712322344DE59E1BBF637B3CEE3A">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
an individual training
account
</quote>
and inserting
<quote>
a career enhancement
account
</quote>
;
</text>
</item>
<item id="H390DFE60423843E682EE5F47A83B084B">
<enum>
(bb)
</enum>
<text>
by
striking
<quote>
subparagraph (F)
</quote>
and inserting
<quote>
subparagraph
(E)
</quote>
;
</text>
</item>
<item id="H5C048307622546C9881249A495E48EB2">
<enum>
(cc)
</enum>
<text>
in
subclause (II), by striking
<quote>
individual training accounts
</quote>
and
inserting
<quote>
career enhancement accounts
</quote>
;
</text>
</item>
<item id="H2EF2E8C30C0A4AF89806D5E64F0DF814">
<enum>
(dd)
</enum>
<text>
in
subclause (II) by striking
<quote>
or
</quote>
after the semicolon;
</text>
</item>
<item id="HF1D667246FB745B5903C5C8B0ECE525B">
<enum>
(ee)
</enum>
<text>
in
subclause (III) by striking the period and inserting
<quote>
; or
</quote>
;
and
</text>
</item>
<item id="HFDF2964D9AC5433A9CB28A484227E192">
<enum>
(ff)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H25E60EDD8968419D9AD105C122555895" style="OLC">
<subclause id="H440775430D59401CA7709E6532C2A34A">
<enum>
(IV)
</enum>
<text display-inline="yes-display-inline">
the local board determines that it would be
most appropriate to award a contract to an institution of higher education in
order to facilitate the training of multiple individuals in in-demand sectors
or occupations, if such contract does not limit customer
choice.
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</item>
</subclause>
<subclause id="HBD3BCDF5723140C09643AA3F98BE9D44">
<enum>
(IV)
</enum>
<text display-inline="yes-display-inline">
in clause (iii), by striking
<quote>
adult
or dislocated worker
</quote>
and inserting
<quote>
individual
</quote>
;
and
</text>
</subclause>
<subclause id="H40EBEF82F2CA4FE5A778E25740BB9B40">
<enum>
(V)
</enum>
<text>
in clause
(iv)—
</text>
<item id="H55B9B350DA034DE1B220835DE0563108">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
by redesignating subclause (IV) as
subclause (V) and inserting after subclause (III) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H51BCD4DD42FA4F568E36A0F2D65763D4" style="OLC">
<subclause id="HA4569E0B86874F49B16B01CA368BF5C1">
<enum>
(IV)
</enum>
<text display-inline="yes-display-inline">
Individuals with
disabilities.
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</item>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HEA2719D966A54D25ABCE6789426513FB">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
in subsection (d) (as so
redesignated)—
</text>
<subparagraph id="H5A0151F5D60C43C4B7896EC595DF4F6B">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by amending paragraph (1) to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="H1A48576DD9DC423598975430CD035114" style="OLC">
<paragraph id="HB449862F87FA4D93AE95BA086E9D4F47">
<enum>
(1)
</enum>
<header>
Discretionary
one-stop delivery activities
</header>
<subparagraph id="H46ED219AF430429085BDC26D54979E77">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Funds allocated to a
local area under section 133(b)(2) may be used to provide, through the one-stop
delivery system—
</text>
<clause id="HAD9995ABE4E94B909922C21F72CB629A">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
customized screening and referral of
qualified participants in training services to employers;
</text>
</clause>
<clause id="H0A1FC89D11E04A1197F7E0734306B5BD">
<enum>
(ii)
</enum>
<text>
customized
employment-related services to employers on a fee-for-service basis;
</text>
</clause>
<clause id="H25E225244DBA4A6395DC0F16E1539DEF">
<enum>
(iii)
</enum>
<text>
customer
supports, including transportation and childcare, to navigate among multiple
services and activities for special participant populations that face multiple
barriers to employment, including individuals with disabilities;
</text>
</clause>
<clause id="H8FF32525B5B445CF8B670B368F21A722">
<enum>
(iv)
</enum>
<text>
employment and
training assistance provided in coordination with child support enforcement
activities of the State agency carrying out subtitle D of title IV of the
Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/651">
42 U.S.C. 651 et seq.
</external-xref>
);
</text>
</clause>
<clause id="HA44951F75BD8447B81835185A0E1E77A">
<enum>
(v)
</enum>
<text>
incorporating
pay-for-performance contracting strategies as an element in funding activities
under this section;
</text>
</clause>
<clause id="H55BBC89153474A078F68D9CE7A271CCE">
<enum>
(vi)
</enum>
<text>
activities to
facilitate remote access to services provided through a one-stop delivery
system, including facilitating access through the use of technology; and
</text>
</clause>
<clause id="H9AD75F5B9F86499FA102C101A540434F">
<enum>
(vii)
</enum>
<text>
activities to
carry out business services and strategies that meet the workforce investment
needs of local area employers, as determined by the local board, consistent
with the local plan under section
118.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HD742DAC462F14DB3934F16CA306BD69E">
<enum>
(B)
</enum>
<text>
by striking
paragraphs (2) and (3); and
</text>
</subparagraph>
<subparagraph id="H6935496B72924A27B476843C15F33B13">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE7DF4C82E07145EE82128A07E9460A1E" style="OLC">
<paragraph id="H09B522F7DF48406092949F6AA6561153">
<enum>
(2)
</enum>
<header>
Incumbent worker
training programs
</header>
<subparagraph id="H9A19C3F9521A4124A02558937B508CE3">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The local board may
use funds allocated to a local area under section 133(b)(2) to carry out
incumbent worker training programs in accordance with this paragraph.
</text>
</subparagraph>
<subparagraph id="HE31E25B1EE5A4C528584302A27AAF705">
<enum>
(B)
</enum>
<header>
Training
activities
</header>
<text>
The training programs for incumbent workers under this
paragraph shall be carried out by the local area in conjunction with the
employers of such workers for the purpose of assisting such workers in
obtaining the skills necessary to retain employment and avert layoffs.
</text>
</subparagraph>
<subparagraph id="H51021056D0784E2A87CD860BD0EC6FE8">
<enum>
(C)
</enum>
<header>
Employer match
required
</header>
<clause id="HEAA5B3F0D9D14AF09F55C0A82462C331">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Employers
participating in programs under this paragraph shall be required to pay a
proportion of the costs of providing the training to the incumbent workers of
the employers. The local board shall establish the required portion of such
costs, which may include in-kind contributions.
</text>
</clause>
<clause id="H4ACC4B94360A4135ACF7A0364E73F3FB">
<enum>
(ii)
</enum>
<header>
Calculation of
match
</header>
<text>
The wages paid by an employer to a worker while they are
attending training may be included as part of the required payment of the
employer.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HF747314228FA4093BEDD4B67F00670D1">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H720317F19C444AE298E823FBF1B0C4C0" style="OLC">
<subsection id="H3994E841DB1347568158DA3B68B649C1">
<enum>
(e)
</enum>
<header>
Priority for
Placement in Private Sector Jobs
</header>
<text display-inline="yes-display-inline">
In providing employment and training
activities authorized under this section, the State and local board shall give
priority to placing participants in jobs in the private sector.
</text>
</subsection>
<subsection id="H891F0EB1E6B94F2796903EDE4B39DDAF">
<enum>
(f)
</enum>
<header>
Veteran
employment specialist
</header>
<paragraph id="HEEB32DB81F8D4CB2ABAA1DD3A55FDB91">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Subject to paragraph
(8), a local board shall hire and employ one or more veteran employment
specialist to carry out employment, training, and placement services under this
subsection in the local area served by the local board.
</text>
</paragraph>
<paragraph id="HC31A22D7D39447DB9B1D265DE79AB4E4">
<enum>
(2)
</enum>
<header>
Principal
duties
</header>
<text>
A veteran employment specialist in a local area
shall—
</text>
<subparagraph id="H74385100E499443293F3D01021E2D2C7">
<enum>
(A)
</enum>
<text>
conduct outreach
to employers in the local area to assist veterans, including disabled veterans,
in gaining employment, including—
</text>
<clause id="HC13B8FCE92314E00A47F4E7EC4E025C4">
<enum>
(i)
</enum>
<text>
conducting
seminars for employers; and
</text>
</clause>
<clause id="HA53FEAA1E5364446B3C69038EEEB9B9A">
<enum>
(ii)
</enum>
<text>
in conjunction
with employers, conducting job search workshops, and establishing job search
groups; and
</text>
</clause>
</subparagraph>
<subparagraph id="H7FEE3293E0144A0D905F4BEFE68275DC">
<enum>
(B)
</enum>
<text>
facilitate
employment, training, supportive, and placement services furnished to veterans,
including disabled and homeless veterans, in the local area.
</text>
</subparagraph>
</paragraph>
<paragraph id="H489B7DE8D13E43D7986ADA597281FCF7">
<enum>
(3)
</enum>
<header>
Hiring
preference for veterans and individuals with expertise in serving
veterans
</header>
<text display-inline="yes-display-inline">
Subject to paragraph
(8), a local board shall, to the maximum extent practicable, employ veterans or
individuals with expertise in serving veterans to carry out the services
described in paragraph (2) in the local area served by the local board. In
hiring an individual to serve as a veteran employment specialist, a local board
shall give preference to veterans and other individuals in the following
order:
</text>
<subparagraph id="H7DA151DC3AD5406C88B09DC9DC61A352">
<enum>
(A)
</enum>
<text>
To
service-connected disabled veterans.
</text>
</subparagraph>
<subparagraph id="H118155A253574BF58971A81C9B2650D3">
<enum>
(B)
</enum>
<text>
If no veteran
described in subparagraph (A) is available, to veterans.
</text>
</subparagraph>
<subparagraph id="H0D07D246BFF042DFAD2FAC70BC4498AD">
<enum>
(C)
</enum>
<text>
If no veteran
described in subparagraph (A) or (B) is available, to any member of the Armed
Forces transitioning out of military service.
</text>
</subparagraph>
<subparagraph id="H8AA2A560F1414354B9E2DF607420273D">
<enum>
(D)
</enum>
<text>
If no veteran
described in subparagraph (A), (B), or (C) is available, to any spouse of a
veteran or a spouse of a member of the Armed Forces transitioning out of
military service.
</text>
</subparagraph>
<subparagraph id="HCA0011F981704C01BF97E523BABA3F3A">
<enum>
(E)
</enum>
<text>
If no veteran
described in subparagraph (A), (B), or (C) is available and no spouse described
in paragraph (D) is available, to any other individuals with expertise in
serving veterans.
</text>
</subparagraph>
</paragraph>
<paragraph id="H44B71B270B424920A780BE7E3E6E44FF">
<enum>
(4)
</enum>
<header>
Administration
and reporting
</header>
<subparagraph id="HC0814564E4C44C5D8163DE2D69F4CB88">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Each veteran employment specialist shall be
administratively responsible to the manager of the one-stop delivery center in
the local area and shall provide, at a minimum, quarterly reports to the
manager of such center and to the Director for Veterans’ Employment and
Training for the State on the performance and compliance by the specialist with
Federal law and regulations with respect to the—
</text>
<clause id="HC7BF297F5D804A2C9267DF1B8D341412">
<enum>
(i)
</enum>
<text>
principal duties
and special services for veterans described in paragraph (2); and
</text>
</clause>
<clause id="HAFBB3B37F7DD4C2F9830A8BE42741DEE">
<enum>
(ii)
</enum>
<text>
hiring
preferences described in paragraph (3) for veterans and individuals with
expertise in serving veterans.
</text>
</clause>
</subparagraph>
<subparagraph id="HC70B402CD8CF4746922328B150E59E64">
<enum>
(B)
</enum>
<header>
Report to
Secretary
</header>
<text>
Each State shall submit to the Secretary an annual
report on the qualifications used by the local board in making hiring
determinations for a veteran employment specialist and the salary structure
under which such specialist is compensated.
</text>
</subparagraph>
<subparagraph id="H44C6F714E9964C298891C947BF010CA2">
<enum>
(C)
</enum>
<header>
Report to
Congress
</header>
<text display-inline="yes-display-inline">
The Secretary shall
submit to the Committee on Education and the Workforce and the Committee on
Veterans’ Affairs of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the
Senate an annual report summarizing the reports submitted under subparagraph
(B), including summaries of outcomes achieved by participating veterans
disaggregated by local areas.
</text>
</subparagraph>
</paragraph>
<paragraph id="H4DB2B1EA9FC847028C7112817CE5C048">
<enum>
(5)
</enum>
<header>
Part-time
employees
</header>
<text>
A part-time veteran employment specialist shall perform
the functions of a veteran employment specialist under this subsection on a
halftime basis.
</text>
</paragraph>
<paragraph id="HF2C707A9E1BC4283A606F762B4C89790">
<enum>
(6)
</enum>
<header>
Training
requirements
</header>
<text>
Each veteran employment specialist described in
paragraph (2) shall satisfactorily complete training provided by the National
Veterans' Employment and Training Institute during the three-year period that
begins on the date on which the employee is so assigned.
</text>
</paragraph>
<paragraph id="HA94A17A34D4D4C9F92495983BB222941">
<enum>
(7)
</enum>
<header>
Specialist’s
duties
</header>
<text display-inline="yes-display-inline">
A full-time veteran
employment specialist shall perform only duties related to the employment,
training, supportive, and placement services under this subsection, and shall
not perform other non-veteran-related duties if such duties detract from the
specialist’s ability to perform the specialist's duties related to employment,
training, and placement services under this subsection.
</text>
</paragraph>
<paragraph id="H3CDBE26FBFA64D2A83D651D3E63826A9">
<enum>
(8)
</enum>
<header>
State
option
</header>
<text display-inline="yes-display-inline">
At the request of a
local board, a State may assume the duties assigned to the local board under
paragraphs (1) and (3), including the hiring and employment of one or more
veteran employment specialist for placement in the local area served by the
local
board.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HA5C5E723606E47409F9E2C8B9D1DBD19">
<enum>
114.
</enum>
<header>
Performance
accountability system
</header>
<text display-inline="no-display-inline">
Section
136 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2871">
29 U.S.C. 2871
</external-xref>
) is amended—
</text>
<paragraph id="H1AFB5890561546C58BC6122901D4860E">
<enum>
(1)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H10E795EBFBD942AB8EA8B0291561A90F">
<enum>
(A)
</enum>
<text>
by amending
paragraphs (1) and (2) to read as follows:
</text>
<quoted-block id="HBBFA71E8C2FA498CAD546EF4E0EAF2BA" style="OLC">
<paragraph id="H8064CA71A5E14168969AAB3CE18A9A1D">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
For each State, the State performance measures shall
consist of—
</text>
<subparagraph id="HA49559D78C9C4DC18126F0E022BD3611">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="HD50A4872AEB849E58AEE66F1317860B5">
<enum>
(i)
</enum>
<text>
the core indicators of
performance described in paragraph (2)(A); and
</text>
</clause>
<clause id="HF78829982E5B4D7AB07FB544DADE6BA0" indent="up1">
<enum>
(ii)
</enum>
<text>
additional indicators of
performance (if any) identified by the State under paragraph (2)(B); and
</text>
</clause>
</subparagraph>
<subparagraph id="H5598991E336D49B6960A132E060039F3">
<enum>
(B)
</enum>
<text>
a State adjusted
level of performance for each indicator described in subparagraph (A).
</text>
</subparagraph>
</paragraph>
<paragraph id="H1C8B0270C3F04DBA90A0E5E42C88C76C">
<enum>
(2)
</enum>
<header>
Indicators of
performance
</header>
<subparagraph id="HA6CEE1B6E7E24BD884DB2E5F8219F29D">
<enum>
(A)
</enum>
<header>
Core indicators
of performance
</header>
<clause id="H4CB308F40209434EA2DB127D4CDFFCE2">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The core indicators
of performance for the program of employment and training activities authorized
under sections 132(a)(2) and 134, the program of adult education and literacy
activities authorized under title II, and the program authorized under title I
of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
), other than section
112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741), shall consist of the
following indicators of performance, each disaggregated by the populations
identified in the State and local plans:
</text>
<subclause id="H13052C59EAD24254AAB8F98565DD07CF">
<enum>
(I)
</enum>
<text>
The percentage and
number of program participants who are in unsubsidized employment during the
second full calendar quarter after exit from the program.
</text>
</subclause>
<subclause id="H51651D569D1B4C28939292EB770215B1">
<enum>
(II)
</enum>
<text>
The percentage
and number of program participants who are in unsubsidized employment during
the fourth full calendar quarter after exit from the program.
</text>
</subclause>
<subclause id="H4841BFFC9007479986C5CA957B5B6F99">
<enum>
(III)
</enum>
<text>
The median
earnings of program participants who are in unsubsidized employment during the
second full calendar quarter after exit from the program compared to the median
earnings of such participants prior to the training received under such
program.
</text>
</subclause>
<subclause id="H0CAF3011FE9C4F8281C806621F647B66">
<enum>
(IV)
</enum>
<text>
The percentage
and number of program participants who obtain a recognized postsecondary
credential, a registered apprenticeship, an industry-recognized credential, or
a regular secondary school diploma or its recognized equivalent (subject to
clause (ii)), during participation in or within 1 year after exit from
program.
</text>
</subclause>
<subclause id="H6871A03E6321409B9F91FDB918373025">
<enum>
(V)
</enum>
<text display-inline="yes-display-inline">
The percentage and number of program
participants who, during a program year—
</text>
<item id="HA0815EB6D1094FA98F025F5238B3BCBE">
<enum>
(aa)
</enum>
<text>
are
in an education or training program that leads to a recognized postsecondary
credential, a registered apprenticeship or on-the-job training program, an
industry-recognized credential, a regular secondary school diploma or its
recognized equivalent, or unsubsidized employment; and
</text>
</item>
<item id="H5755197D5C06466DB14FE8C456852044">
<enum>
(bb)
</enum>
<text>
are
achieving measurable basic skill gains toward such a credential or
employment.
</text>
</item>
</subclause>
<subclause id="HDE966BEA796D4617B9E34DB596B77401">
<enum>
(VI)
</enum>
<text display-inline="yes-display-inline">
The percentage and number of program
participants who obtain unsubsidized employment in the field relating to the
training services described in section 134(c)(4) that such participants
received.
</text>
</subclause>
</clause>
<clause id="H2B4AF33AE7E24869A40B2D8B3738B4EB">
<enum>
(ii)
</enum>
<header>
Indicator
relating to credential
</header>
<text>
For purposes of clause (i)(IV), program
participants who obtain a regular secondary school diploma or its recognized
equivalent shall be included in the percentage counted as meeting the criterion
under such clause only if such participants, in addition to obtaining such
diploma or its recognized equivalent, have, within 1 year after exit from the
program, obtained or retained employment, have been removed from public
assistance, or are in an education or training program leading to a recognized
postsecondary credential.
</text>
</clause>
</subparagraph>
<subparagraph id="H3916393CB26046F99EC4ED96B2EB7848">
<enum>
(B)
</enum>
<header>
Additional
indicators
</header>
<text>
A State may identify in the State plan additional
indicators for workforce investment activities authorized under this
subtitle.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H05726F034AFE411E833B96438D401866">
<enum>
(B)
</enum>
<text>
in paragraph
(3)—
</text>
<clause id="H062F10AC1493465BB64B84D0EE5B3E67">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)—
</text>
<subclause id="H555E6FC4026C4EEA993E059166E568BE">
<enum>
(I)
</enum>
<text>
in the heading, by
striking
<quote>
<header-in-text level="subparagraph" style="OLC">
and customer
satisfaction indicator
</header-in-text>
</quote>
;
</text>
</subclause>
<subclause id="HBE8EF6B9D927488C8E947C58B4FA0341">
<enum>
(II)
</enum>
<text>
in clause (i), by
striking
<quote>
and the customer satisfaction indicator described in paragraph
(2)(B)
</quote>
;
</text>
</subclause>
<subclause id="HC0ED0DD2ACB94A7CBFE8D2635DC9BEE0">
<enum>
(III)
</enum>
<text>
in clause (ii),
by striking
<quote>
and the customer satisfaction indicator of performance, for
the first 3
</quote>
and inserting
<quote>
, for all 3
</quote>
;
</text>
</subclause>
<subclause id="H7D2C12D4852540CCA7271B77FC25E349">
<enum>
(IV)
</enum>
<text>
in clause
(iii)—
</text>
<item id="HEE7260E17E4745CB8E78E1D3871EBDF7">
<enum>
(aa)
</enum>
<text>
in
the heading, by striking
<quote>
<header-in-text level="clause" style="OLC">
for
first 3 years
</header-in-text>
</quote>
; and
</text>
</item>
<item id="H555002C0110F476DAFBD497FD44CE3E6">
<enum>
(bb)
</enum>
<text>
by
striking
<quote>
and the customer satisfaction indicator of performance, for the
first 3 program years
</quote>
and inserting
<quote>
for all 3 program
years
</quote>
;
</text>
</item>
</subclause>
<subclause id="H7EBB63757C9341BE8B01A161360D1764">
<enum>
(V)
</enum>
<text>
in clause
(iv)—
</text>
<item id="H22C0054167594A9CA843D2F41D4086E1">
<enum>
(aa)
</enum>
<text>
by
striking
<quote>
or (v)
</quote>
;
</text>
</item>
<item id="HA0D0BA31A24247C384646A28AFC43559">
<enum>
(bb)
</enum>
<text>
by
striking subclause (I) and redesignating subclauses (II) and (III) as
subclauses (I) and (II), respectively; and
</text>
</item>
<item id="H700F50DBA8F44129ABDD7A6FFBB7C316">
<enum>
(cc)
</enum>
<text>
in
subclause (I) (as so redesignated)—
</text>
<subitem id="HB2DC5A662A47470094CC39CE7FEEF90C">
<enum>
(AA)
</enum>
<text>
by
striking
<quote>
taking into account
</quote>
and inserting
<quote>
which shall be
adjusted based on
</quote>
;
</text>
</subitem>
<subitem id="H5CECE4F8DC614968B7D95624C1D3DE7B">
<enum>
(BB)
</enum>
<text>
by
inserting
<quote>
, such as unemployment rates and job losses or gains in
particular industries
</quote>
after
<quote>
economic conditions
</quote>
;
and
</text>
</subitem>
<subitem id="HD72F5E183C00419796F1159B989BC581">
<enum>
(CC)
</enum>
<text>
by
inserting
<quote>
, such as indicators of poor work experience, dislocation from
high-wage employment, low levels of literacy or English proficiency, disability
status, including the number of veterans with disabilities, and welfare
dependency
</quote>
after
<quote>
program
</quote>
;
</text>
</subitem>
</item>
</subclause>
<subclause id="H97227073CCE945B8A266A9B8669C40CC">
<enum>
(VI)
</enum>
<text>
by striking
clause (v) and redesignating clause (vi) as clause (v); and
</text>
</subclause>
<subclause id="H002F338CF3F44B35B31CB64D189DDAF6">
<enum>
(VII)
</enum>
<text>
in clause (v)
(as so redesignated),
</text>
<item id="HEDE576550ADC416B84309065EC484DA6">
<enum>
(aa)
</enum>
<text>
by
striking
<quote>
described in clause (iv)(II)
</quote>
and inserting
<quote>
described in clause (iv)(I)
</quote>
; and
</text>
</item>
<item id="HB9535988E4CA4BAC8035A7DE9FEA8A6B">
<enum>
(bb)
</enum>
<text>
by
striking
<quote>
or (v)
</quote>
; and
</text>
</item>
</subclause>
</clause>
<clause id="H43AB36FC649940079FBB30A1121F8033">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B), by striking
<quote>
paragraph (2)(C)
</quote>
and inserting
<quote>
paragraph (2)(B)
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H8B96BACDCB3045D9B3215513D51432A5">
<enum>
(2)
</enum>
<text>
in subsection
(c)(1)(A)—
</text>
<subparagraph id="HBF2161AA82BD49B384BA8ADCA6C16664">
<enum>
(A)
</enum>
<text>
by amending clause
(i) to read as follows:
<quote>
(i) the core indicators of performance described
in subsection (b)(2)(A) for activities described in such subsections, other
than statewide workforce investment activities; and
</quote>
;
</text>
</subparagraph>
<subparagraph id="HCD048165B2DA4106A217432903563BFC">
<enum>
(B)
</enum>
<text>
in clause (ii), by
striking
<quote>
(b)(2)(C)
</quote>
and inserting
<quote>
(b)(2)(B)
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="H7FFACAB872544F2FB218E0BEC29301F3">
<enum>
(C)
</enum>
<text>
by amending
paragraph (3) to read as follows:
</text>
<quoted-block id="HCA507BC14CB14F238E171D27064530A1" style="OLC">
<paragraph id="HD5341391F1AF43EAB1F80AC9E6DA0F83">
<enum>
(3)
</enum>
<header>
Determinations
</header>
<text>
In
determining such local levels of performance, the local board, the chief
elected official, and the Governor shall ensure such levels are adjusted based
on the specific economic characteristics (such as unemployment rates and job
losses or gains in particular industries), demographic characteristics, or
other characteristics of the population to be served in the local
area.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H93A8DCB5FCB44F04A621672301C6E926">
<enum>
(3)
</enum>
<text>
in subsection
(d)—
</text>
<subparagraph id="HDA539D328CBD457CAE521C11F99B4926">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="H8020CE631CDF4D0A9B0416DD68ABD8F6">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
127 or
</quote>
; and
</text>
</clause>
<clause id="H1E87CF010F3241BC839AA0F2547D4718">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
and the customer satisfaction indicator
</quote>
each place it
appears;
</text>
</clause>
</subparagraph>
<subparagraph id="H05C7795A778D4D4BADA058FAB18312B9">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H4F7ABAEF92254E239D29189A6C52D9CE">
<enum>
(i)
</enum>
<text>
by
striking subparagraphs (A), (B), and (D);
</text>
</clause>
<clause id="H0172B729913743889A9D76B0CDF69E0A">
<enum>
(ii)
</enum>
<text>
by
redesignating subparagraph (C) as subparagraph (A);
</text>
</clause>
<clause id="HB491EF937083488DADA3D07276ABFAA4">
<enum>
(iii)
</enum>
<text>
by
redesignating subparagraph (E) as subparagraph (B);
</text>
</clause>
<clause id="H1A85B771934C44E4B1B4A2165237BA88">
<enum>
(iv)
</enum>
<text>
in
subparagraph (B), as so redesignated—
</text>
<subclause id="HCFF44FC8288F46498E93E2DCC97BB659">
<enum>
(I)
</enum>
<text>
by striking
<quote>
(excluding participants who received only self-service and informational
activities)
</quote>
; and
</text>
</subclause>
<subclause id="H5B4E4A604DE94464B79BF63A6D446FC1">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
and
</quote>
at the
end;
</text>
</subclause>
</clause>
<clause id="HA68A9CF9B84942CAAEA03F3FF2A15FB7">
<enum>
(v)
</enum>
<text display-inline="yes-display-inline">
by striking subparagraph (F);
</text>
</clause>
<clause id="H55151883691D4A6EAE476A510174BDB8">
<enum>
(vi)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block id="H2D5DBBD81D0A4551ADC76308F3B705E1" style="OLC">
<subparagraph id="H94C638F30238428391B9917D036A16DE">
<enum>
(C)
</enum>
<text>
with respect to
each local area in the State—
</text>
<clause id="H5118592E856245F78F7B6E13F6DAE4BF">
<enum>
(i)
</enum>
<text>
the number of
individuals who received work ready services described under section 134(c)(2)
and the number of individuals who received training services described under
section 134(c)(4) during the most recent program year and fiscal year, and the
preceding 5 program years, where the individuals received the training,
disaggregated by the type of entity that provided the training, and the amount
of funds spent on each type of service;
</text>
</clause>
<clause id="H618EAE7E0CEB4A7796931A8E8F60286A">
<enum>
(ii)
</enum>
<text>
the number of
individuals who successfully exited out of work ready services described under
section 134(c)(2) and the number of individuals who exited out of training
services described under section 134(c)(4) during the most recent program year
and fiscal year, and the preceding 5 program years, and where the individuals
received the training, disaggregated by the type of entity that provided the
training; and
</text>
</clause>
<clause id="HBE405072165F45CA964AEACA8E6509CF">
<enum>
(iii)
</enum>
<text>
the average cost
per participant of those individuals who received work ready services described
under section 134(c)(2) and the average cost per participant of those
individuals who received training services described under section 134(c)(4)
during the most recent program year and fiscal year, and the preceding 5
program years, and where the individuals received the training, disaggregated
by the type of entity that provided the training; and
</text>
</clause>
</subparagraph>
<subparagraph id="HD167C2A2E5C14E35BA09E47B55B639DD">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
the amount of funds spent on training
services and discretionary one-stop delivery activities, disaggregated by the
populations identified in the State and local
plans.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HDBA880094D6147889506F56B587C7E68">
<enum>
(C)
</enum>
<text>
in paragraph
(3)(A), by striking
<quote>
through publication
</quote>
and inserting
<quote>
through electronic means
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H2ECD390D1CD74768AF3D3D1740C0837D">
<enum>
(D)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H563063EDD6AF4C9EB98DB1F226B83613" style="OLC">
<paragraph id="H6A7365E656A242AE95DC01D9522B96EE">
<enum>
(4)
</enum>
<header>
Data
validation
</header>
<text>
In preparing the reports described in this subsection,
each State shall establish procedures, consistent with guidelines issued by the
Secretary, to ensure the information contained in the report is valid and
reliable.
</text>
</paragraph>
<paragraph id="H33C3DBE750CA459EB8ACE319B0B19A21">
<enum>
(5)
</enum>
<header>
State and local
policies
</header>
<subparagraph id="H667331775491400090E28490C14966B7">
<enum>
(A)
</enum>
<header>
State
policies
</header>
<text>
Each State that receives an allotment under section 132
shall maintain a central repository of policies related to access, eligibility,
availability of services, and other matters and plans approved by the State
board and make such repository available to the public, including by electronic
means.
</text>
</subparagraph>
<subparagraph id="H440398B162CC437C81EA9A8569F71A73">
<enum>
(B)
</enum>
<header>
Local
policies
</header>
<text>
Each local area that receives an allotment under section
133 shall maintain a central repository of policies related to access,
eligibility, availability of services, and other matters and plans approved by
the local board and make such repository available to the public, including by
electronic
means.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HF3F17BB1CEAA4D8DB88893B18C3DA162">
<enum>
(4)
</enum>
<text>
in subsection
(g)—
</text>
<subparagraph id="H249AFE9796144078B7CAEC7DE9A3D3C6">
<enum>
(A)
</enum>
<text>
in paragraph
(1)(A), by striking
<quote>
or (B)
</quote>
;
</text>
</subparagraph>
<subparagraph id="HEBF41AB6BE3A403BABE01CBE3C153E3C">
<enum>
(B)
</enum>
<text>
in paragraph
(1)(B), by striking
<quote>
may reduce by not more than 5 percent,
</quote>
and
inserting
<quote>
shall reduce
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H0EA3EF629DAD478B8F497C875EE9713E">
<enum>
(C)
</enum>
<text>
by striking
paragraph (2) and inserting the following:
</text>
<quoted-block id="H57571CEA7CE348C7A84033367BDD80BD" style="OLC">
<paragraph id="H8A660BEC15244738A336B6547B67F272">
<enum>
(2)
</enum>
<header>
Funds resulting
from reduced allotments
</header>
<text>
The Secretary shall return to the
Treasury the amount retained, as a result of a reduction in an allotment to a
State made under paragraph
(1)(B).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H7D7B689529744B948032DB9CCBF37F1A">
<enum>
(5)
</enum>
<text>
in subsection
(h)(1), by striking
<quote>
or (B)
</quote>
;
</text>
</paragraph>
<paragraph id="HF40BCECFCE0F4A52A13D4FA36C2DD1A8">
<enum>
(6)
</enum>
<text>
in subsection
(h)(2)—
</text>
<subparagraph id="HC9470C74B0194D3C919FCEDD625FB9AD">
<enum>
(A)
</enum>
<text>
in subparagraph
(A), by amending the matter preceding clause (i) to read as follows:
</text>
<quoted-block id="HEAE2C1AA1A404FE8B44977499F907290" style="OLC">
<subparagraph id="H08B23B9E08884F639E749051AD85C1DC">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
If such failure continues for a second consecutive year,
the Governor shall take corrective actions, including the development of a
reorganization plan. Such plan
shall—
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HEB46CD93550C40EB8D42953A9C14976D">
<enum>
(B)
</enum>
<text>
by redesignating
subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;
</text>
</subparagraph>
<subparagraph id="H3F91153CFAA045699C1DB623036147B1">
<enum>
(C)
</enum>
<text>
by inserting after
subparagraph (A), the following:
</text>
<quoted-block id="H5B4E4ACDD3144D2C991605774B2DEA1B" style="OLC">
<subparagraph id="H8F6A64CBF04746699392C92A03826939">
<enum>
(B)
</enum>
<header>
Reduction in the
amount of grant
</header>
<text>
If such failure continues for a third consecutive
year, the Governor of a State shall reduce the amount of the grant that would
(in the absence of this subparagraph) be payable to the local area under such
program for the program year after such third consecutive year. Such penalty
shall be based on the degree of failure to meet local levels of
performance.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HF119DA6508374604B7BBBFAF9440F685">
<enum>
(D)
</enum>
<text>
in subparagraph
(C)(i) (as so redesignated), by striking
<quote>
a reorganization plan under
subparagraph (A) may, not later than 30 days after receiving notice of the
reorganization plan, appeal to the Governor to rescind or revise such
plan
</quote>
and inserting
<quote>
corrective actions under subparagraphs (A)
and (B) may, not later than 30 days after receiving notice of the actions,
appeal to the Governor to rescind or revise such actions
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H17954595DEA1407EA814E3F599C02466">
<enum>
(E)
</enum>
<text>
in subparagraph
(D) (as so redesignated), by striking
<quote>
subparagraph (B)
</quote>
each
place it appears and inserting
<quote>
subparagraph (C)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H8BA0218EAD174D28AFBD8190B628A32A">
<enum>
(7)
</enum>
<text>
in subsection
(i)(1)(B), by striking
<quote>
subsection (b)(2)(C)
</quote>
and inserting
<quote>
subsection (b)(2)(B)
</quote>
;
</text>
</paragraph>
<paragraph id="H788C58C2CAED45CAB8B1736CC9DE7A79">
<enum>
(8)
</enum>
<text>
in subsection
(i)(1)(C), by striking
<quote>
(b)(3)(A)(vi)
</quote>
and inserting
<quote>
(b)(3)(A)(v)
</quote>
;
</text>
</paragraph>
<paragraph id="H222E7D10612A4E99A7AEBF8635A1386D">
<enum>
(9)
</enum>
<text>
in subsection
(i)(2), by striking
<quote>
the activities described in section 502
concerning
</quote>
;
</text>
</paragraph>
<paragraph id="H94EEE575F8FD473C820285237B52BE5C">
<enum>
(10)
</enum>
<text>
in subsection
(i)(3), by striking
<quote>
described in paragraph (1) and in the activities
described in section 502
</quote>
and inserting
<quote>
and activities described
in this subsection
</quote>
; and
</text>
</paragraph>
<paragraph id="HC7259CFC2F4541B6A0DD53D3AA7BDCBD">
<enum>
(11)
</enum>
<text>
by adding at the
end the following new subsection:
</text>
<quoted-block id="HABEB13F2485C44428B8B228045086449" style="OLC">
<subsection id="HCBCC85A668E9472197259649ABC635AE">
<enum>
(j)
</enum>
<header>
Use of core
indicators for other programs
</header>
<text>
In addition to the programs carried
out under chapter 5, and consistent with the requirements of the applicable
authorizing laws, the Secretary shall use the core indicators of performance
described in subsection (b)(2)(A) to assess the effectiveness of the programs
described under section 121(b)(1)(B) that are carried out by the
Secretary.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HC88F18E67AD74FFA8EFECA846A537BDC">
<enum>
115.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
Section 137
(
<external-xref legal-doc="usc" parsable-cite="usc/29/2872">
29 U.S.C. 2872
</external-xref>
) is amended to read as follows:
</text>
<quoted-block id="HA24F98D7B14342FDB04E7547424FB36D" style="OLC">
<section commented="no" id="HF61E7EDAB4744F1081D432B111A66E49">
<enum>
137.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
There are
authorized to be appropriated to carry out the activities described in section
132, $6,245,318,000 for fiscal year 2014 and each of the 6 succeeding fiscal
years.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
<subtitle id="HC983D4F1F9484A0E92E67EACEF1D297F">
<enum>
C
</enum>
<header>
Job Corps
</header>
<section id="HC2DB80523559404B81EE7DEE5603EB87">
<enum>
116.
</enum>
<header>
Job Corps
purposes
</header>
<text display-inline="no-display-inline">
Paragraph (1) of
section 141 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2881">
29 U.S.C. 2881(1)
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H2F7EF59F0C284D1880380E31E286BFC7" style="OLC">
<paragraph id="HE4B7DECE6CB84E788A797F16C063EA89">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
to maintain a national Job Corps program
for at-risk youth, carried out in partnership with States and communities, to
assist eligible youth to connect to the workforce by providing them with
intensive academic, career and technical education, and service-learning
opportunities, in residential and nonresidential centers, in order for such
youth to obtain regular secondary school diplomas and recognized postsecondary
credentials leading to successful careers in in-demand industries that will
result in opportunities for
advancement;
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HD84A10163FA644E6A044693EA4C0890D">
<enum>
117.
</enum>
<header>
Job Corps
definitions
</header>
<text display-inline="no-display-inline">
Section 142 (29
U.S.C. 2882) is amended—
</text>
<paragraph id="H9B63518515D14D518C901381C233DE01">
<enum>
(1)
</enum>
<text>
in paragraph
(2)—
</text>
<subparagraph id="HE7ED93876B794B5185ED886CA821F491">
<enum>
(A)
</enum>
<text>
in the paragraph
heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Applicable
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="H29BCBB73AE86449EB89DF892A228341D">
<enum>
(B)
</enum>
<text>
by striking
<quote>
applicable
</quote>
;
</text>
</subparagraph>
<subparagraph id="H2A432462922C47EE962DA2FD8C97ACE8">
<enum>
(C)
</enum>
<text>
by striking
<quote>
customer service
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA9DBFEE15E4D447AABC05754C911FFFE">
<enum>
(D)
</enum>
<text>
by striking
<quote>
intake
</quote>
and inserting
<quote>
assessment
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H0BA69E4B33EA408E8F2A43CE71AC64B0">
<enum>
(2)
</enum>
<text>
in paragraph (4),
by striking
<quote>
before completing the requirements
</quote>
and all that
follows and inserting
<quote>
prior to becoming a graduate.
</quote>
; and
</text>
</paragraph>
<paragraph id="HB247DE5E807F46B6AD1F4CE7F915A183">
<enum>
(3)
</enum>
<text>
in paragraph (5),
by striking
<quote>
has completed the requirements
</quote>
and all that follows
and inserting the following:
<quote>
who, as a result of participation in the
Job Corps program, has received a regular secondary school diploma, completed
the requirements of a career and technical education and training program, or
received, or is making satisfactory progress (as defined under section 484(c)
of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1091">
20 U.S.C. 1091(c)
</external-xref>
) toward receiving, a
recognized postsecondary credential, including an industry-recognized
credential that prepares individuals for employment leading to economic
self-sufficiency.
</quote>
.
</text>
</paragraph>
</section>
<section id="H83AA9E4D7A2D4327AA029F258CBE5E63">
<enum>
118.
</enum>
<header>
Individuals
eligible for the Job Corps
</header>
<text display-inline="no-display-inline">
Section 144 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2884">
29 U.S.C. 2884
</external-xref>
) is
amended—
</text>
<paragraph id="H408B85DC3807480E91270FE35C487C90">
<enum>
(1)
</enum>
<text>
by amending
paragraph (1) to read as follows:
</text>
<quoted-block id="HFF7C297A878B4EBA8B319A837D83C47B" style="OLC">
<paragraph id="H67A2C21D7F7B4B1AA51C0A62551185A8">
<enum>
(1)
</enum>
<text>
not less than age
16 and not more than age 24 on the date of
enrollment;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H98EDA98B3C1347FB9C7B1F2E14866916">
<enum>
(2)
</enum>
<text>
in paragraph
(3)(B), by inserting
<quote>
secondary
</quote>
before
<quote>
school
</quote>
;
and
</text>
</paragraph>
<paragraph id="HA2B3E7670E44454C86C4B7526C385A67">
<enum>
(3)
</enum>
<text>
in paragraph
(3)(E), by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and
technical education and
</quote>
.
</text>
</paragraph>
</section>
<section id="H530B002D24A24F1BA71E5E545E4A357E">
<enum>
119.
</enum>
<header>
Recruitment,
screening, selection, and assignment of enrollees
</header>
<text display-inline="no-display-inline">
Section 145 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2885">
29 U.S.C. 2885
</external-xref>
) is
amended—
</text>
<paragraph id="H4800C9E1C7E24D37BECA1DCF5933D823">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="H200AAE45335F49859DF20BEFF9B28F3D">
<enum>
(A)
</enum>
<text>
in paragraph
(2)(C)(i) by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and
technical education and training
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H394ED7609A894FD3B21DC5B1DBC4D413">
<enum>
(B)
</enum>
<text>
in paragraph
(3)—
</text>
<clause id="H100C27DA3B2647429386B04953F0ACF9">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
To the extent practicable, the
</quote>
and inserting
<quote>
The
</quote>
;
</text>
</clause>
<clause id="HA8598F21B09240CCBD63AEAC85FC8F96">
<enum>
(ii)
</enum>
<text>
in
subparagraph (A)—
</text>
<subclause id="H82F8D7B0A9B4414A99B63B9256062094">
<enum>
(I)
</enum>
<text>
by striking
<quote>
applicable
</quote>
; and
</text>
</subclause>
<subclause id="H39CD5F91D29D47BB9E0B3C1DAE1CF095">
<enum>
(II)
</enum>
<text>
by inserting
<quote>
and
</quote>
after the semicolon;
</text>
</subclause>
</clause>
<clause id="HBEC9D5E19C9D42CEA10E85B38D99777A">
<enum>
(iii)
</enum>
<text>
by
striking subparagraphs (B) and (C); and
</text>
</clause>
<clause id="H0C48F01B861A4EF3B09162C463016D7A">
<enum>
(iv)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block id="H6C986D600B464D3EB4DDF32400045BB7" style="OLC">
<subparagraph id="HA7AC0575D25347AA855A430391CAF171">
<enum>
(B)
</enum>
<text>
organizations that
have a demonstrated record of effectiveness in placing at-risk youth into
employment.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HF2392D7D4C654F61B9B6AD8A7F20517D">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H99A88FC21E2647FBBA5B5E57065EA37D">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="H022D1A8AE24544F08867C2950117D4BC">
<enum>
(i)
</enum>
<text>
in
subparagraph (B), by inserting
<quote>
and agrees to such rules
</quote>
after
<quote>
failure to observe the rules
</quote>
; and
</text>
</clause>
<clause id="H2BC2C6F932C74900A118925796D72D4F">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
by amending subparagraph (C) to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="H5CA9773274394C428FDBA42D3B62C0F7" style="OLC">
<subparagraph id="H96469C52B41241C1AF41C0A4391D7AAB">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the individual has passed a background
check conducted in accordance with procedures established by the Secretary,
which shall include—
</text>
<clause id="HB2067EFB13184ED284D0B2DB776CD1DE">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
a search of the State criminal registry or
repository in the State where the individual resides and each State where the
individual previously resided;
</text>
</clause>
<clause id="H68D8C0D004AB410C9E36A0BF69352DE7">
<enum>
(ii)
</enum>
<text>
a
search of State-based child abuse and neglect registries and databases in the
State where the individual resides and each State where the individual
previously resided;
</text>
</clause>
<clause id="H1871137663024E2883C3E22208271F3A">
<enum>
(iii)
</enum>
<text>
a search of the
National Crime Information Center;
</text>
</clause>
<clause id="H552F06436142442D8A78EEC3B70D2FE6">
<enum>
(iv)
</enum>
<text>
a
Federal Bureau of Investigation fingerprint check using the Integrated
Automated Fingerprint Identification System; and
</text>
</clause>
<clause id="H962E1F94E21B42E9B7B5B39098006EEE">
<enum>
(v)
</enum>
<text>
a
search of the National Sex Offender Registry established under the Adam Walsh
Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et
seq.).
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HE416A5E710CE462CB1434E6E7755E84A">
<enum>
(B)
</enum>
<text>
by adding at the
end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HA643D971817943339893DA7A49CD7C37" style="OLC">
<paragraph id="H142BA2C5B4F146F4A36F89D222A57518">
<enum>
(3)
</enum>
<header>
Individuals
convicted of a crime
</header>
<text display-inline="yes-display-inline">
An
individual shall be ineligible for enrollment if the individual—
</text>
<subparagraph id="H0C94F0646E024694BE107E7F2E16A5BF">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
makes a false statement in connection with
the criminal background check described in paragraph (1)(C);
</text>
</subparagraph>
<subparagraph id="H74DB94A7E6644E9DA6A58F8932265727">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
is registered or is required to be
registered on a State sex offender registry or the National Sex Offender
Registry established under the Adam Walsh Child Protection and Safety Act of
2006 (
<external-xref legal-doc="usc" parsable-cite="usc/42/16901">
42 U.S.C. 16901 et seq.
</external-xref>
); or
</text>
</subparagraph>
<subparagraph id="H4B74E66AC55C41EAB7221F1A2C8FB388">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
has been convicted of a felony consisting
of—
</text>
<clause id="HB6E3C74B32C1404298A17785159118F4">
<enum>
(i)
</enum>
<text>
homicide;
</text>
</clause>
<clause id="H1137F71C7F0446E9A66F0A31430A1702">
<enum>
(ii)
</enum>
<text>
child abuse or
neglect;
</text>
</clause>
<clause id="H475231D0FC404CD184CF2C88860D2879">
<enum>
(iii)
</enum>
<text>
a crime against
children, including child pornography;
</text>
</clause>
<clause id="H1FB287312552437BB8AC23FEA5F03748">
<enum>
(iv)
</enum>
<text>
a
crime involving rape or sexual assault; or
</text>
</clause>
<clause id="HBF5581FC98204850B34FD3024D7D8928">
<enum>
(v)
</enum>
<text>
physical assault,
battery, or a drug-related offense, committed within the past 5
years.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H284E1A1C48D64E11B8158D704CF2FCB4">
<enum>
(3)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H3F578946A8EB4224BBDF937ECC6F5E5A">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="H00B3A185139E4339A845AF31DCE9A13C">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
2 years
</quote>
and inserting
<quote>
year
</quote>
; and
</text>
</clause>
<clause id="H22089823258B43B6B082F3C28CB1E737">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
an assignment
</quote>
and inserting
<quote>
a
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H535F21370EA840C782133366BB4363B2">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H0F9A91B99BEF4E8F9F3753B97415E886">
<enum>
(i)
</enum>
<text>
in
the matter preceding subparagraph (A), by striking
<quote>
, every 2
years,
</quote>
;
</text>
</clause>
<clause id="H94BB5090C44C475E9D2A3998C3856E42">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B), by striking
<quote>
and
</quote>
at the end; and
</text>
</clause>
<clause id="H97161201A9744FC38E8FC2E088FC4B08">
<enum>
(iii)
</enum>
<text>
in
subparagraph (C)—
</text>
<subclause id="H1CEED561ABF84D80A15AF1334A2ABA66">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
the education and training
</quote>
after
<quote>
including
</quote>
;
and
</text>
</subclause>
<subclause id="H7EF9D904287F48BC9868F0883958D5D6">
<enum>
(II)
</enum>
<text>
by striking the
period at the end and inserting
<quote>
; and
</quote>
; and
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H1C9048EEDE1A435483B07418C6BFDAAD">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="HA2B7BC147BE443B584030F2B75CFECDA" style="OLC">
<subparagraph id="H0020466263394D48B11468E40DB4C6A9">
<enum>
(D)
</enum>
<text>
the performance of
the Job Corps center relating to the indicators described in paragraphs (1) and
(2) in section 159(c), and whether any actions have been taken with respect to
such center pursuant to section 159(f).
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H5B083BC0ACEE47FAA9E39314C691E2C8">
<enum>
(4)
</enum>
<text>
in subsection
(d)—
</text>
<subparagraph id="H8B7CE910C60C411A819C8CD9363AB2DA">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="HF476E82899F2412DA0970E92C34E492D">
<enum>
(i)
</enum>
<text>
in
the matter preceding subparagraph (A), by striking
<quote>
is closest to the
home of the enrollee, except that the
</quote>
and inserting
<quote>
offers the
type of career and technical education and training selected by the individual
and, among the centers that offer such education and training, is closest to
the home of the individual. The
</quote>
;
</text>
</clause>
<clause id="HF3904F5CFDA84000BD282DB9CFE3C3BB">
<enum>
(ii)
</enum>
<text>
by
striking subparagraph (A); and
</text>
</clause>
<clause id="HD3504D7FC0884753B3387E47C8BB16C8">
<enum>
(iii)
</enum>
<text>
by
redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively; and
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H31065B9C3137403FA2F96A62F79A3B69">
<enum>
(B)
</enum>
<text>
in paragraph (2),
by inserting
<quote>
that offers the career and technical education and training
desired by
</quote>
after
<quote>
home of the enrollee
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H582C01B8FA0D4FD58C5A1ECD818C8927">
<enum>
120.
</enum>
<header>
Job Corps
centers
</header>
<text display-inline="no-display-inline">
Section 147 (29 U.S.C.
2887) is amended—
</text>
<paragraph id="H6ADBFA1F1CE045F995A0532DF1985A1E">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="H134238C4774946F6A0D678948A350CB5">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="H28F66E2C8DB445448640E5DAE50478AA">
<enum>
(i)
</enum>
<text>
in
subparagraph (A), by striking
<quote>
vocational
</quote>
both places it appears
and inserting
<quote>
career and technical
</quote>
; and
</text>
</clause>
<clause id="HA054107FCE4D4482B8E6E39B9DE3CDEE">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B)—
</text>
<subclause id="H1313B6EA0D7248D3BDA2D9AD325153A8">
<enum>
(I)
</enum>
<text>
by striking
<quote>
may
</quote>
and inserting
<quote>
shall
</quote>
;
</text>
</subclause>
<subclause id="H181994AEB0B84EA3A89B20328271F301">
<enum>
(II)
</enum>
<text>
by inserting
<quote>
that resides in the State in which the Jobs Corps center is
located
</quote>
before
<quote>
to provide
</quote>
; and
</text>
</subclause>
<subclause id="H3B9C5AEF98C8456189AEE2A3D1A4AE95">
<enum>
(III)
</enum>
<text>
by inserting
before the period at the end the following:
<quote>
, as
appropriate
</quote>
;
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H8802A2BB31AF45799D29441C5487C28B">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H6FE28C07B4DB4593B3272973D709B956">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)—
</text>
<subclause id="H8E1DB3EF661C4EC799A9715DAD6D8146">
<enum>
(I)
</enum>
<text>
by striking
<quote>
subsections (c) and (d) of section 303 of the Federal Property and
Administrative Services Act of 1949 (
<external-xref legal-doc="usc" parsable-cite="usc/41/253">
41 U.S.C. 253
</external-xref>
)
</quote>
and inserting
<quote>
subsections (a) and (b) of
<external-xref legal-doc="usc" parsable-cite="usc/41/3304">
section 3304
</external-xref>
of title 41, United States
Code
</quote>
; and
</text>
</subclause>
<subclause id="H84353C11FD6F4BF7AF6FD74E4A448086">
<enum>
(II)
</enum>
<text>
by striking
<quote>
industry council
</quote>
and inserting
<quote>
workforce
council
</quote>
;
</text>
</subclause>
</clause>
<clause id="HD7E51521A2C4463B8DFC0DC3304F22F4">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B)(i)—
</text>
<subclause id="H6B6CF05C57964762BCE0C5A0FDDEEB5F">
<enum>
(I)
</enum>
<text>
by amending
subclause (II) to read as follows:
</text>
<quoted-block id="H7ED2B00019764C48A18993850565DACE" style="OLC">
<subclause id="HD21219DF1865496A8879F1223674E92C">
<enum>
(II)
</enum>
<text>
the ability of
the entity to offer career and technical education and training that the
workforce council proposes under section
154(c);
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="HA3CCC6019450417B815B359B6572EB36">
<enum>
(II)
</enum>
<text>
in subclause
(III), by striking
<quote>
is familiar with the surrounding communities,
applicable
</quote>
and inserting
<quote>
demonstrates relationships with the
surrounding communities, employers, workforce boards,
</quote>
and by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
<subclause id="H8637A8E0755C4465BE503AEEBECA169C">
<enum>
(III)
</enum>
<text>
by amending
subclause (IV) to read as follows:
</text>
<quoted-block id="H1104330B080F4841988E0802E92AEE36" style="OLC">
<subclause id="HB4F227A598C74672AAF4012AEE53D9BE">
<enum>
(IV)
</enum>
<text>
the performance
of the entity, if any, relating to operating or providing activities described
in this subtitle to a Job Corps center, including the entity’s demonstrated
effectiveness in assisting individuals in achieving the primary and secondary
indicators of performance described in paragraphs (1) and (2) of section
159(c); and
</text>
</subclause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H9176A04C627B42FEB2265874D81F3063">
<enum>
(IV)
</enum>
<text>
by adding at the
end the following new subclause:
</text>
<quoted-block id="H5AB5192C03F64CE7A9AB4351BBD6E893" style="OLC">
<subclause id="H4BCC212726A14592ACA74EA757C2E37D">
<enum>
(V)
</enum>
<text>
the ability of the
entity to demonstrate a record of successfully assisting at-risk youth to
connect to the workforce, including by providing them with intensive academic,
and career and technical education and
training.
</text>
</subclause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="HB4DBD9264AB74F4F833D1D9515B29E4D">
<enum>
(iii)
</enum>
<text>
in
subparagraph (B)(ii), by striking
<quote>
, as appropriate
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H144EC798D1E24E6ABCDCDDAB1D8E8DCB">
<enum>
(2)
</enum>
<text>
in subsection (b),
by striking
<quote>
In any year, no more than 20 percent of the individuals
enrolled in the Job Corps may be nonresidential participants in the Job
Corps.
</quote>
;
</text>
</paragraph>
<paragraph id="HAAD09A8F8DB7462999A3785B63FAA514">
<enum>
(3)
</enum>
<text>
by amending
subsection (c) to read as follows:
</text>
<quoted-block id="H8567B96A46D344789982A48F85CE1388" style="OLC">
<subsection id="H4D82A37B862048148E5554434BF41B65">
<enum>
(c)
</enum>
<header>
Civilian
conservation centers
</header>
<paragraph id="H794D669760894EA983C1F32FA8749CBE">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Job Corps centers may include Civilian Conservation
Centers, operated under an agreement between the Secretary of Labor and the
Secretary of Agriculture, that are located primarily in rural areas. Such
centers shall adhere to all the provisions of this subtitle, and shall provide,
in addition to education, career and technical education and training, and
workforce preparation skills training described in section 148, programs of
work experience to conserve, develop, or manage public natural resources or
public recreational areas or to develop community projects in the public
interest.
</text>
</paragraph>
<paragraph id="H7A88702E66B64C6AA76EADEC96EBA71A">
<enum>
(2)
</enum>
<header>
Selection
process
</header>
<text>
The Secretary shall select an entity that submits an
application under subsection (d) to operate a Civilian Conservation Center on a
competitive basis, as provided in subsection
(a).
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H576E81D7D5FF4FBFAB119223642D0F97">
<enum>
(4)
</enum>
<text>
by striking
subsection (d) and inserting the following:
</text>
<quoted-block id="HAA5CA0DC0EC34ACBB61F62FA6EBC3188" style="OLC">
<subsection id="HF0E775D60165468199E914863E5E87E4">
<enum>
(d)
</enum>
<header>
Application
</header>
<text>
To
be eligible to operate a Job Corps center under this subtitle, an entity shall
submit an application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require, including—
</text>
<paragraph id="H428C8C1964F049128E369BA888B5838C">
<enum>
(1)
</enum>
<text>
a description of
the program activities that will be offered at the center, including how the
career and technical education and training reflect State and local employment
opportunities, including in in-demand industries;
</text>
</paragraph>
<paragraph id="H75FD2D5D2F314DA4826CFA9896F719BE">
<enum>
(2)
</enum>
<text>
a description of
the counseling, placement, and support activities that will be offered at the
center, including a description of the strategies and procedures the entity
will use to place graduates into unsubsidized employment upon completion of the
program;
</text>
</paragraph>
<paragraph id="H2D483E2778774FA19C63DEFE59A4637D">
<enum>
(3)
</enum>
<text>
a description of
the demonstrated record of effectiveness that the entity has in placing at-risk
youth into employment, including past performance of operating a Job Corps
center under this subtitle;
</text>
</paragraph>
<paragraph id="HD8A58F1CB2D24A3FB7CE7C6704D62D06">
<enum>
(4)
</enum>
<text>
a description of
the relationships that the entity has developed with State and local workforce
boards, employers, State and local educational agencies, and the surrounding
communities in an effort to promote a comprehensive statewide workforce
investment system;
</text>
</paragraph>
<paragraph id="HDAA5F848024D4F82A635BF7799A2D044">
<enum>
(5)
</enum>
<text>
a description of
the strong fiscal controls the entity has in place to ensure proper accounting
of Federal funds, and a description of how the entity will meet the
requirements of section 159(a);
</text>
</paragraph>
<paragraph id="HD9B56B4C2AA54734B158D2939D9A5B92">
<enum>
(6)
</enum>
<text>
a description of
the strategies and policies the entity will utilize to reduce participant
costs;
</text>
</paragraph>
<paragraph id="H3FF4D960A40F454AA7704BAECE81E6DC">
<enum>
(7)
</enum>
<text>
a detailed budget
of the activities that will be supported using funds under this
subtitle;
</text>
</paragraph>
<paragraph id="H0A0169DB7911403D9E60C7F41C3BD1CF">
<enum>
(8)
</enum>
<text>
a detailed budget
of the activities that will be supported using funds from non-Federal
resources;
</text>
</paragraph>
<paragraph id="H6513EE9532994DE0A39BF0B804E3FFBB">
<enum>
(9)
</enum>
<text>
an assurance the
entity will comply with the administrative cost limitation included in section
151(c);
</text>
</paragraph>
<paragraph id="H227F6CF0E3DF491EA23D3F87E9408EEE">
<enum>
(10)
</enum>
<text>
an assurance the
entity is licensed to operate in the State in which the center is located;
and
</text>
</paragraph>
<paragraph id="H607301EEBA04428DAB0F3D5A160C062C">
<enum>
(11)
</enum>
<text>
an assurance the
entity will comply with and meet basic health and safety codes, including those
measures described in section 152(b).
</text>
</paragraph>
</subsection>
<subsection id="HFC1A019B22A04D0EB73CB83F7243B908">
<enum>
(e)
</enum>
<header>
Length of
agreement
</header>
<text>
The agreement described in subsection (a)(1)(A) shall
be for not longer than a 2-year period. The Secretary may renew the agreement
for 3 one-year periods if the entity meets the requirements of subsection
(f).
</text>
</subsection>
<subsection id="HA6A1ADACD55F4C999771F08D0CAF419D">
<enum>
(f)
</enum>
<header>
Renewal
</header>
<paragraph id="H292CED5C0A254E968DE403EFAED27A8F">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Subject to paragraph (2), the Secretary may renew the
terms of an agreement described in subsection (a)(1)(A) for an entity to
operate a Job Corps center if the center meets or exceeds each of the
indicators of performance described in section 159(c)(1).
</text>
</paragraph>
<paragraph id="HEB320411AFB44A29873DAD0BDF371544">
<enum>
(2)
</enum>
<header>
Recompetition
</header>
<subparagraph id="H6A8141D895CF4AAF9DB8DA79435D2680">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Notwithstanding paragraph (1), the Secretary shall not
renew the terms of the agreement for an entity to operate a Job Corps center if
such center is ranked in the bottom quintile of centers described in section
159(f)(2) for any program year. Such entity may submit a new application under
subsection (d) only if such center has shown significant improvement on the
indicators of performance described in section 159(c)(1) over the last program
year.
</text>
</subparagraph>
<subparagraph id="HEE921E77A4B14A28BD6D09573B4212A4">
<enum>
(B)
</enum>
<header>
Violations
</header>
<text>
The
Secretary shall not select an entity to operate a Job Corps center if such
entity or such center has been found to have a systemic or substantial material
failure that involves—
</text>
<clause id="HB9A39A8C85DC4AAABE7A50F1F1DA1204">
<enum>
(i)
</enum>
<text>
a
threat to the health, safety, or civil rights of program participants or
staff;
</text>
</clause>
<clause id="H0BBD7C83E43B4B0A9DD737B868C2ABD7">
<enum>
(ii)
</enum>
<text>
the misuse of
funds received under this subtitle;
</text>
</clause>
<clause id="HDED46AED9C5D4C5088E620C7460EEB6C">
<enum>
(iii)
</enum>
<text>
loss of legal
status or financial viability, loss of permits, debarment from receiving
Federal grants or contracts, or the improper use of Federal funds;
</text>
</clause>
<clause id="HB0651B536134497F8419A67A6BA0D548">
<enum>
(iv)
</enum>
<text>
failure to meet
any other Federal or State requirement that the entity has shown an
unwillingness or inability to correct, after notice from the Secretary, within
the period specified; or
</text>
</clause>
<clause id="HF83B22416FB548D3982DC747B47E9E22">
<enum>
(v)
</enum>
<text>
an
unresolved area of noncompliance.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H85C39E73675E4DAFB97376F9BFF4C0D1">
<enum>
(g)
</enum>
<header>
Current
grantees
</header>
<text display-inline="yes-display-inline">
Not later than 60
days after the date of enactment of the SKILLS Act and notwithstanding any
previous grant award or renewals of such award under this subtitle, the
Secretary shall require all entities operating a Job Corps center under this
subtitle to submit an application under subsection (d) to carry out the
requirements of this
section.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HE7AF1D3709FB42238EACA7178CC275A4">
<enum>
121.
</enum>
<header>
Program
activities
</header>
<text display-inline="no-display-inline">
Section 148 (29
U.S.C. 2888) is amended—
</text>
<paragraph id="HE6978EB7F2DA4BA2BE027D364244A456">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by amending subsection (a) to read as
follows:
</text>
<quoted-block id="HE6432E5E4D914E82AB8B77983F5678F8" style="OLC">
<subsection id="HF8A2C7D83280468698DF94E1C1DB1DF9">
<enum>
(a)
</enum>
<header>
Activities
provided through job corps centers
</header>
<paragraph id="H4224F69B13CC4E749CE429E3137D57D3">
<enum>
(1)
</enum>
<header>
In
General
</header>
<text>
Each Job Corps center shall provide enrollees with an
intensive, well-organized, and supervised program of education, career, and
technical education and training, work experience, recreational activities,
physical rehabilitation and development, and counseling. Each Job Corps center
shall provide enrollees assigned to the center with access to work-ready
services described in section 134(c)(2).
</text>
</paragraph>
<paragraph id="H6562EF4BABFA46FF99C8393F5C3713B1">
<enum>
(2)
</enum>
<header>
Relationship to
opportunities
</header>
<subparagraph id="HF0C6CE2FA5B64804AC5179306DC98D5A">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The activities provided under this subsection shall be
targeted to helping enrollees, on completion of their enrollment—
</text>
<clause id="H524E2877C60948F2AC2CCAA5D5E7704D">
<enum>
(i)
</enum>
<text>
secure and
maintain meaningful unsubsidized employment;
</text>
</clause>
<clause id="H6E474E2A1238466EB02C90C46ED36617">
<enum>
(ii)
</enum>
<text>
complete
secondary education and obtain a regular secondary school diploma;
</text>
</clause>
<clause id="HC653BBFA98D1480FB385F002DAD55E27">
<enum>
(iii)
</enum>
<text>
enroll in and
complete postsecondary education or training programs, including obtaining
recognized postsecondary credentials, industry-recognized credentials, and
registered apprenticeships; or
</text>
</clause>
<clause id="H63524005AE3040658CD5BDB9269E3C28">
<enum>
(iv)
</enum>
<text>
satisfy Armed
Forces requirements.
</text>
</clause>
</subparagraph>
<subparagraph id="HF867239969924372988135D2E02C24CE">
<enum>
(B)
</enum>
<header>
Link to
employment opportunities
</header>
<text>
The career and technical education and
training provided shall be linked to the employment opportunities in in-demand
industries in the State in which the Job Corps center is
located.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H1B264F14CC4C4E12888F34BA13B33217">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H04D41F1ED22F4AA2A319C25224D72229">
<enum>
(A)
</enum>
<text>
in the subsection
heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
Education and Vocational
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
Academic and Career and
Technical Education and
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="H6E3A49BA23F34230915421CF15D57730">
<enum>
(B)
</enum>
<text>
by striking
<quote>
may
</quote>
after
<quote>
The Secretary
</quote>
and inserting
<quote>
shall
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H4AABD82B173D45E99E295727058BE6D6">
<enum>
(C)
</enum>
<text>
by striking
<quote>
vocational
</quote>
each place it appears and inserting
<quote>
career and
technical
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H7EA3C73F992A4DC39359092026E5C7D4">
<enum>
(3)
</enum>
<text>
by amending
paragraph (3) of subsection (c) to read as follows:
</text>
<quoted-block id="HE92F71372C73401BB97A156169FD5A21" style="OLC">
<paragraph id="HECAEAE29A0A542E0A24360931928F43F">
<enum>
(3)
</enum>
<header>
Demonstration
</header>
<text>
Each
year, any operator seeking to enroll additional enrollees in an advanced career
training program shall demonstrate, before the operator may carry out such
additional enrollment, that—
</text>
<subparagraph id="HFEA7240BB6844427880912AE909D1D22">
<enum>
(A)
</enum>
<text>
participants in
such program have achieved a satisfactory rate of completion and placement in
training-related jobs; and
</text>
</subparagraph>
<subparagraph id="H978113C3F44E4B10A45B0AE72C60320E">
<enum>
(B)
</enum>
<text>
such operator has
met or exceeded the indicators of performance described in paragraphs (1) and
(2) of section 159(c) for the previous
year.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H90878AC5E5C6415C9AF4C9E90CA355DE">
<enum>
122.
</enum>
<header>
Counseling and
job placement
</header>
<text display-inline="no-display-inline">
Section 149 (29
U.S.C. 2889) is amended—
</text>
<paragraph id="H382FAFC905F440C298EDD08D14DED856">
<enum>
(1)
</enum>
<text>
in subsection (a),
by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and technical
education and
</quote>
;
</text>
</paragraph>
<paragraph id="H5881397263D845208938826E6DECB796">
<enum>
(2)
</enum>
<text>
in subsection (b),
by striking
<quote>
make every effort to arrange to
</quote>
; and
</text>
</paragraph>
<paragraph id="H60EB2706B7C9479886D411E032BCC326">
<enum>
(3)
</enum>
<text>
by striking
subsection (d).
</text>
</paragraph>
</section>
<section id="H75621E84F1264C5CBDBA04DD92A40D9B">
<enum>
123.
</enum>
<header>
Support
</header>
<text display-inline="no-display-inline">
Subsection (b) of section 150 (29 U.S.C.
2890) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HDDCB7BE599544A7D89486DE55F522C92" style="OLC">
<subsection id="HA3ED236E51644D008EA8A8411669976E">
<enum>
(b)
</enum>
<header>
Transition
allowances and support for graduates
</header>
<text display-inline="yes-display-inline">
The Secretary shall arrange for a
transition allowance to be paid to graduates. The transition allowance shall be
incentive-based to reflect a graduate’s completion of academic, career and
technical education or training, and attainment of a recognized postsecondary
credential, including an industry-recognized
credential.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HBE4517C908C74D57897283681FAD1C07">
<enum>
124.
</enum>
<header>
Operations
</header>
<text display-inline="no-display-inline">
Section 151 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2891">
29 U.S.C. 2891
</external-xref>
) is
amended—
</text>
<paragraph id="H5A645D40BEA84F1B857EE40DB08CA9C7">
<enum>
(1)
</enum>
<text>
in the header, by
striking
<quote>
<header-in-text level="section" style="OLC">
Operating
plan
</header-in-text>
.
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
Operations
</header-in-text>
.
</quote>
;
</text>
</paragraph>
<paragraph id="HF5286E3EBBD149BCAFD021A621620F0D">
<enum>
(2)
</enum>
<text>
in subsection (a),
by striking
<quote>
<header-in-text level="subsection" style="OLC">
In
General.
</header-in-text>
—
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
Operating
Plan.
</header-in-text>
—
</quote>
;
</text>
</paragraph>
<paragraph id="H89FD9DDCB551446AA5EC03B06578320B">
<enum>
(3)
</enum>
<text>
by striking
subsection (b) and redesignating subsection (c) as subsection (b);
</text>
</paragraph>
<paragraph id="H16E3A4AD8F0041ACBB6B0FEF6AFDF3EB">
<enum>
(4)
</enum>
<text>
by amending
subsection (b) (as so redesignated)—
</text>
<subparagraph id="H206967DA09E54235A1816CA9F94C84D0">
<enum>
(A)
</enum>
<text>
in the heading by
inserting
<quote>
<header-in-text level="subsection" style="OLC">
of Operating
Plan
</header-in-text>
</quote>
after
<quote>
<header-in-text level="subsection" style="OLC">
Availability
</header-in-text>
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA06BDE7E4438451E8A32ADEF86DB86D0">
<enum>
(B)
</enum>
<text>
by striking
<quote>
subsections (a) and (b)
</quote>
and inserting
<quote>
subsection
(a)
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H9744A391CF694C4EA04BAF0F877CF6DD">
<enum>
(5)
</enum>
<text>
by adding at the
end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="HDD59170E982D4F409891ED168D9FC6C8" style="OLC">
<subsection id="H2F40D7ED295E41F0B9FFA9854F7115D0">
<enum>
(c)
</enum>
<header>
Administrative
costs
</header>
<text display-inline="yes-display-inline">
Not more than 10
percent of the funds allotted under section 147 to an entity selected to
operate a Job Corps center may be used by the entity for administrative costs
under this
subtitle.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HDE764B2939804477B6418F5A8832C8D0">
<enum>
125.
</enum>
<header>
Community
participation
</header>
<text display-inline="no-display-inline">
Section 153 (29
U.S.C. 2893) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HF571D047CE384C54B57AB3A12FE32818" style="OLC">
<section id="H19F22AB3D1CD48EC8A2FC64284EDD3D8">
<enum>
153.
</enum>
<header>
Community
participation
</header>
<text display-inline="no-display-inline">
The director of
each Job Corps center shall encourage and cooperate in activities to establish
a mutually beneficial relationship between Job Corps centers in the State and
nearby communities. Such activities may include the use of any local workforce
development boards established under section 117 to provide a mechanism for
joint discussion of common problems and for planning programs of mutual
interest.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H3A46C6CE6AA3462F8BAAF589CF6BB203">
<enum>
126.
</enum>
<header>
Workforce
councils
</header>
<text display-inline="no-display-inline">
Section 154 (29
U.S.C. 2894) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HD3BB6F734C1541EDB9DDAF9BAC8D58F0" style="OLC">
<section id="HF0B1BFE158D64AADAA029C7CEC8218E9">
<enum>
154.
</enum>
<header>
Workforce
councils
</header>
<subsection id="H61F48FBF2BAD43F0AD63AA78EEC6895C">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Each Job Corps center shall have a workforce council
appointed by the Governor of the State in which the Job Corps center is
located.
</text>
</subsection>
<subsection id="H8ECCE02289E04228B69FB784C1C96EB5">
<enum>
(b)
</enum>
<header>
Workforce
council composition
</header>
<paragraph id="H40588AF001F943A18C70F485CA43CD84">
<enum>
(1)
</enum>
<header>
In
General
</header>
<text>
A workforce council shall be comprised of—
</text>
<subparagraph id="HB4619EF028CF41D5AEEBE3CFE172FCF6">
<enum>
(A)
</enum>
<text>
business members
of the State board described in section 111(b)(1)(B)(i);
</text>
</subparagraph>
<subparagraph id="H29E30312598646ACB809E980CB1C2024">
<enum>
(B)
</enum>
<text>
business members
of the local boards described in section 117(b)(2)(A) located in the
State;
</text>
</subparagraph>
<subparagraph id="H8A5E3DA8F9EB4760AF3557158F4E41CD">
<enum>
(C)
</enum>
<text>
a representative
of the State board described in section 111(f); and
</text>
</subparagraph>
<subparagraph id="H67F90B10690A4504BCDCB9FA73EA9435">
<enum>
(D)
</enum>
<text>
such other
representatives and State agency officials as the Governor may
designate.
</text>
</subparagraph>
</paragraph>
<paragraph id="H7A0E886CD7C84F659E0AA1D762B7BD8B">
<enum>
(2)
</enum>
<header>
Majority
</header>
<text>
A
<fraction>
2/3
</fraction>
majority of the members of the workforce council shall
be representatives described in paragraph (1)(A).
</text>
</paragraph>
</subsection>
<subsection id="H7BB4FDC127EC41E89E9EE702A76A6A28">
<enum>
(c)
</enum>
<header>
Responsibilities
</header>
<text>
The
responsibilities of the workforce council shall be—
</text>
<paragraph id="H5993678AD4714797860C7FC7AE64160B">
<enum>
(1)
</enum>
<text>
to review all the
relevant labor market information, including related information in the State
plan described in section 112, to—
</text>
<subparagraph id="H8FD4F9C404144A1EAB372A16E38CCB92">
<enum>
(A)
</enum>
<text>
determine the
in-demand industries in the State in which enrollees intend to seek employment
after graduation;
</text>
</subparagraph>
<subparagraph id="H96398EF31CFC4C9BA90BB6ED201635E8">
<enum>
(B)
</enum>
<text>
determine the
skills and education that are necessary to obtain the employment opportunities
described in subparagraph (A); and
</text>
</subparagraph>
<subparagraph id="H9122B3F4A41846BB977CD961D30EDA79">
<enum>
(C)
</enum>
<text>
determine the type
or types of career and technical education and training that will be
implemented at the center to enable the enrollees to obtain the employment
opportunities; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H45854C505A9A4B29A8D1DD5404BCEFCB">
<enum>
(2)
</enum>
<text>
to meet at least
once a year to reevaluate the labor market information, and other relevant
information, to determine any necessary changes in the career and technical
education and training provided at the
center.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section display-inline="no-display-inline" id="H11BBC119C36F4E90ADF1D1850D602ADE">
<enum>
127.
</enum>
<header>
Technical
assistance
</header>
<text display-inline="no-display-inline">
Section 156 is
amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HCB4344DAAD984A21B10610C163EF9AF1" style="OLC">
<section id="H04BC81724FAD443A9A16203188E9FF23">
<enum>
156.
</enum>
<header>
Technical
assistance to centers
</header>
<subsection id="HCC28E9CD8F234ED4AAA6000D37167917">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
From the funds
reserved under section 132(a)(3), the Secretary shall provide, directly or
through grants, contracts, or other agreements or arrangements as the Secretary
considers appropriate, technical assistance and training for the Job Corps
program for the purposes of improving program quality.
</text>
</subsection>
<subsection id="HA0716158F99C404283FD5FC1DA2F21AC">
<enum>
(b)
</enum>
<header>
Activities
</header>
<text>
In
providing training and technical assistance and for allocating resources for
such assistance, the Secretary shall—
</text>
<paragraph id="H3455048E9AB14E6DA15052E1F04992F3">
<enum>
(1)
</enum>
<text>
assist entities,
including those entities not currently operating a Job Corps center, in
developing the application described in section 147(d);
</text>
</paragraph>
<paragraph id="H0461E2C869CC4BB3A0D55266EB07C1BD">
<enum>
(2)
</enum>
<text>
assist Job Corps
centers and programs in correcting deficiencies and violations under this
subtitle;
</text>
</paragraph>
<paragraph id="HCC85E5AC08D643B9B92B8D16A0899443">
<enum>
(3)
</enum>
<text>
assist Job Corps
centers and programs in meeting or exceeding the indicators of performance
described in paragraph (1) and (2) of section 159(c); and
</text>
</paragraph>
<paragraph id="HCFC0F16B968D421C812D09791094A452">
<enum>
(4)
</enum>
<text>
assist Job Corps
centers and programs in the development of sound management practices,
including financial management
procedures.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H10FA1E8E03354B148B7629107888989C">
<enum>
128.
</enum>
<header>
Special
provisions
</header>
<text display-inline="no-display-inline">
Section 158 (29
U.S.C. 2989) is amended—
</text>
<paragraph id="HAEA20628AFD240AEAE77F00C92114FFE">
<enum>
(1)
</enum>
<text>
by amending
paragraph (1) in subsection (c), by striking
<quote>
title II of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 481 et
seq.)
</quote>
and inserting
<quote>
chapter of 5 title 40, United States
Code,
</quote>
;
</text>
</paragraph>
<paragraph id="H27C7BC996EA84A088C38113E1284B9DE">
<enum>
(2)
</enum>
<text>
by striking
subsection (e); and
</text>
</paragraph>
<paragraph id="H767D31F94F674A1F96AB5350FB5AADA3">
<enum>
(3)
</enum>
<text>
by redesignating
subsections (f) and (g) as subsections (e) and (f), respectively.
</text>
</paragraph>
</section>
<section id="H0D6B574982654F48B875C3888852158C">
<enum>
129.
</enum>
<header>
Performance
accountability management
</header>
<text display-inline="no-display-inline">
Section 159 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2899">
29 U.S.C. 2899
</external-xref>
) is
amended—
</text>
<paragraph id="H43A2DF4900064F2A8227FDD6BB631B67">
<enum>
(1)
</enum>
<text>
in the section
heading, by striking
<quote>
<header-in-text level="section" style="OLC">
Management Information
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
Performance Accountability
and Management
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="HCF626EC707F040A6A58E293049241948">
<enum>
(2)
</enum>
<text>
by striking
subsections (c) through (g);
</text>
</paragraph>
<paragraph id="H59FF1070D7DD4BDA8A52C1200915AB43">
<enum>
(3)
</enum>
<text>
by inserting after
subsection (b) the following:
</text>
<quoted-block id="H5866229978144539BED0E49D0C16395A" style="OLC">
<subsection id="H280D6E2175804B7CB08AC9140D89E97E">
<enum>
(c)
</enum>
<header>
Indicators of
Performance
</header>
<paragraph id="HC6FE42D4FBC845AA963D20A11EC4243A">
<enum>
(1)
</enum>
<header>
Primary
indicators
</header>
<text>
The annual primary indicators of performance for Job
Corps centers shall include—
</text>
<subparagraph id="HDC436EE817984373B4957F62EA530D0E">
<enum>
(A)
</enum>
<text>
the percentage and
number of enrollees who graduate from the Job Corps center;
</text>
</subparagraph>
<subparagraph id="H065C7B45DE184C9496285D78994F6388">
<enum>
(B)
</enum>
<text>
the percentage and
number of graduates who entered unsubsidized employment related to the career
and technical education and training received through the Job Corps center,
except that such calculation shall not include enrollment in education, the
military or volunteer service;
</text>
</subparagraph>
<subparagraph id="HD54C9E7FCCB748399D748D72F216074B">
<enum>
(C)
</enum>
<text>
the percentage and
number of graduates who obtained a recognized postsecondary credential,
including an industry-recognized credential or a registered apprenticeship;
and
</text>
</subparagraph>
<subparagraph id="H93228A5A707E4A91AA4AA3C8F518CCB5">
<enum>
(D)
</enum>
<text>
the cost per
successful performance outcome, which is calculated by comparing the number of
graduates who were placed in unsubsidized employment or obtained a recognized
credential, including an industry-recognized credential, to total program
costs, including all operations, construction, and administration costs at each
Job Corp center.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB1CCE7D31A344730BE8F6B4F42D46A98">
<enum>
(2)
</enum>
<header>
Secondary
indicators
</header>
<text>
The annual secondary indicators of performance for Job
Corps centers shall include—
</text>
<subparagraph id="HF2B50DBC9117402E95BB0491B157D888">
<enum>
(A)
</enum>
<text>
the percentage and
number of graduates who entered unsubsidized employment not related to the
career and technical education and training received through the Job Corps
center;
</text>
</subparagraph>
<subparagraph id="HCE636FB2D01340CE9C269856B72B88B4">
<enum>
(B)
</enum>
<text>
the percentage and
number of graduates who entered into postsecondary education;
</text>
</subparagraph>
<subparagraph id="HA4D5DD7BA65641259914F60D33F4F938">
<enum>
(C)
</enum>
<text>
the percentage and
number of graduates who entered into the military;
</text>
</subparagraph>
<subparagraph id="HE412D303756A4C77A769C1FA91668656">
<enum>
(D)
</enum>
<text>
the average wage
of graduates who are in unsubsidized employment—
</text>
<clause id="HC1DFC3C7CDDF4ECCBFDF70DC5266569E">
<enum>
(i)
</enum>
<text>
on
the first day of employment; and
</text>
</clause>
<clause id="HE210C56B67244A739008A49BA40013A5">
<enum>
(ii)
</enum>
<text>
6
months after the first day;
</text>
</clause>
</subparagraph>
<subparagraph id="H8A9BCF3C0DE84A3C8B47B1F7AA62C479">
<enum>
(E)
</enum>
<text>
the number and
percentage of graduates who entered unsubsidized employment and were retained
in the unsubsidized employment—
</text>
<clause id="H706159A587B841DFB136A5C6F36101E4">
<enum>
(i)
</enum>
<text>
6
months after the first day of employment; and
</text>
</clause>
<clause id="H8617D71FB9084B999D6F760414F42745">
<enum>
(ii)
</enum>
<text>
12 months after
the first day of employment;
</text>
</clause>
</subparagraph>
<subparagraph id="HDEC4C33AFB814C678227B4657EADEC8F">
<enum>
(F)
</enum>
<text>
the percentage and
number of enrollees compared to the percentage and number of enrollees the
Secretary has established targets in section 145(c)(1);
</text>
</subparagraph>
<subparagraph id="HD3A2D5A9035E4CADB085174869868B63">
<enum>
(G)
</enum>
<text>
the cost per
training slot, which is calculated by comparing the program’s maximum number of
students that can be enrolled in a Job Corps center at any given time during
the program year to the number of enrollees in the same program year;
and
</text>
</subparagraph>
<subparagraph id="H4A63D9F5ED3946039FD10E35C965C01F">
<enum>
(H)
</enum>
<text>
the number and
percentage of former enrollees, including the number dismissed under the zero
tolerance policy described in section 152(b).
</text>
</subparagraph>
</paragraph>
<paragraph id="H6671EF5F2C3F49438E088B72A40F0179">
<enum>
(3)
</enum>
<header>
Indicators of
performance for recruiters
</header>
<text>
The annual indicators of performance
for recruiters shall include the measurements described in subparagraph (A) of
paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2).
</text>
</paragraph>
<paragraph id="HD923FAB3BAAF4A3F848562B09C1C6D7C">
<enum>
(4)
</enum>
<header>
Indicators of
performance of career transition service providers
</header>
<text>
The annual
indicators of performance of career transition service providers shall include
the measurements described in subparagraphs (B) and (C) of paragraph (1) and
subparagraphs, (B), (C), (D), and (E) of paragraph (2).
</text>
</paragraph>
</subsection>
<subsection id="HA8FD3DF25E0A46F5A2ED23F3A1D41C67">
<enum>
(d)
</enum>
<header>
Additional
information
</header>
<text>
The Secretary shall collect, and submit in the report
described in subsection (f), information on the performance of each Job Corps
center, and the Job Corps program, regarding—
</text>
<paragraph id="H5012022DC52543708BCDFD35BA6B86D9">
<enum>
(1)
</enum>
<text>
the number and
percentage of former enrollees who obtained a regular secondary school
diploma;
</text>
</paragraph>
<paragraph id="H17E3E912284E46359BA39F16D93B298D">
<enum>
(2)
</enum>
<text>
the number and
percentage of former enrollees who entered unsubsidized employment;
</text>
</paragraph>
<paragraph id="HA9BACE3CDD0B4FE284679145BC475010">
<enum>
(3)
</enum>
<text>
the number and
percentage of former enrollees who obtained a recognized postsecondary
credential, including an industry-recognized credential;
</text>
</paragraph>
<paragraph id="H0CADF9A3024A44B3B9B002D468E0128F">
<enum>
(4)
</enum>
<text>
the number and
percentage of former enrollees who entered into military service; and
</text>
</paragraph>
<paragraph id="H7441FAD7ED4A42F3A8DED0780FCA7912">
<enum>
(5)
</enum>
<text>
any additional
information required by the Secretary.
</text>
</paragraph>
</subsection>
<subsection id="H443A49381AEA4E4A86B5BFAD8F5D7D72">
<enum>
(e)
</enum>
<header>
Methods
</header>
<text>
The
Secretary shall collect the information described in subsections (c) and (d),
using methods described in section 136(i)(2) and consistent with State law, by
entering into agreements with the States to access such data for Job Corps
enrollees, former enrollees, and graduates.
</text>
</subsection>
<subsection id="H947D5DE5B22A4E178783ABC52E1AC603">
<enum>
(f)
</enum>
<header>
Transparency and
accountability
</header>
<paragraph id="H742213613C7D473785BB784773F75C74">
<enum>
(1)
</enum>
<header>
Report
</header>
<text>
The
Secretary shall collect and annually submit to the Committee on Education and
the Workforce of the House of Representatives and the Committee on Health,
Education. Labor and Pensions of the Senate, as well as make available to the
public by electronic means, a report containing—
</text>
<subparagraph id="H3D2935A79F164031AD6D799C899F7DC6">
<enum>
(A)
</enum>
<text>
information on the
performance of each Job Corps center, and the Job Corps program, on the
performance indicators described in paragraphs (1) and (2) of subsection
(c);
</text>
</subparagraph>
<subparagraph id="HD57E06F0998C4F9DA6BF9A29C75CBCF1">
<enum>
(B)
</enum>
<text>
a comparison of
each Job Corps center, by rank, on the performance indicators described in
paragraphs (1) and (2) of subsection (c);
</text>
</subparagraph>
<subparagraph id="H0D49995A3DBA4F49BCDA26BFBB3D704C">
<enum>
(C)
</enum>
<text>
a comparison of
each Job Corps center, by rank, on the average performance of all primary
indicators described in paragraph (1) of subsection (c);
</text>
</subparagraph>
<subparagraph id="H0D5849FFE3F641E598636DBAF16F55EA">
<enum>
(D)
</enum>
<text>
information on the
performance of the service providers described in paragraphs (3) and (4) of
subsection (c) on the performance indicators established under such paragraphs;
and
</text>
</subparagraph>
<subparagraph id="H7AA735EDCFD84159A6835AB052BA5F7F">
<enum>
(E)
</enum>
<text>
a comparison of
each service provider, by rank, on the performance of all service providers
described in paragraphs (3) and (4) of subsection (c) on the performance
indicators established under such paragraphs.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB282DC8D71354CDB9C1BC640A82AA969">
<enum>
(2)
</enum>
<header>
Assessment
</header>
<text>
The
Secretary shall conduct an annual assessment of the performance of each Job
Corps center which shall include information on the Job Corps centers
that—
</text>
<subparagraph id="HDF88BD6D26A143D8893A6098CF9D1244">
<enum>
(A)
</enum>
<text>
are ranked in the
bottom quintile on the performance indicator described in paragraph (1)(C);
or
</text>
</subparagraph>
<subparagraph id="H00CF65DD13BC4E9F9DE95644C9B5ADDB">
<enum>
(B)
</enum>
<text>
have failed safety
and health code violations described in subsection (g).
</text>
</subparagraph>
</paragraph>
<paragraph id="H39E578EB0CBC4166B9DCEF708C9E89B4">
<enum>
(3)
</enum>
<header>
Performance
improvement
</header>
<text>
With respect to a Job Corps center that is identified
under paragraph (2) or reports less than 50 percent on the performance
indicators described in subparagraphs (A), (B), or (C) of subsection (c)(1),
the Secretary shall develop and implement a 1 year performance improvement
plan. Such a plan shall require action including—
</text>
<subparagraph id="H20055BBDD57B40D289B2027398897DFA">
<enum>
(A)
</enum>
<text>
providing
technical assistance to the center;
</text>
</subparagraph>
<subparagraph id="H9F2FA3A47F2D40F1AD2A385D3A785E1B">
<enum>
(B)
</enum>
<text>
changing the
management staff of the center;
</text>
</subparagraph>
<subparagraph id="H80415CA28E1B420FB4CFF116D0BA3577">
<enum>
(C)
</enum>
<text>
replacing the
operator of the center;
</text>
</subparagraph>
<subparagraph id="H560F4309E1E34397BBBA441F1BFEA05B">
<enum>
(D)
</enum>
<text>
reducing the
capacity of the center; or
</text>
</subparagraph>
<subparagraph id="HB1C1CFAF33A9470DA502F05CD81C7650">
<enum>
(E)
</enum>
<text>
closing the
center.
</text>
</subparagraph>
</paragraph>
<paragraph id="H4D4A2A2173E84366932C0C37D103C532">
<enum>
(4)
</enum>
<header>
Closure of job
corps centers
</header>
<text display-inline="yes-display-inline">
Job Corps
centers that have been identified under paragraph (2) or report less than 50
percent on the performance indicators described in subparagraphs (A), (B), or
(C) of subsection (c)(1) for more than 4 consecutive years shall be closed. The
Secretary shall ensure—
</text>
<subparagraph id="HA4AD6BC3AB7C46FD9324D333D49642DC">
<enum>
(A)
</enum>
<text>
that the proposed
decision to close the center is announced in advance to the general public
through publication in the Federal Register and other appropriate means;
and
</text>
</subparagraph>
<subparagraph id="H6565B3F80A634731BEBC5462E3E70442">
<enum>
(B)
</enum>
<text>
the establishment
of a reasonable comment period, not to exceed 30 days, for interested
individuals to submit written comments to the Secretary.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H8D9957C220DB4F22AC10F41157E3E450">
<enum>
(g)
</enum>
<header>
Participant
health and safety
</header>
<text>
The Secretary shall enter into an agreement
with the General Services Administration or the appropriate State agency
responsible for inspecting public buildings and safeguarding the health of
disadvantaged students, to conduct an in-person review of the physical
condition and health-related activities of each Job Corps center annually. Such
review shall include a passing rate of occupancy under Federal and State
ordinances.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HD60E100F4B7A4B499B632C767632F468">
<enum>
130.
</enum>
<header>
Closure of
low-performing Job Corps centers
</header>
<text display-inline="no-display-inline">
Section 161 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2901">
29 U.S.C. 2901
</external-xref>
) is amended to
read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HFD48FE5294EB4226840CFF87533BFEC2" style="OLC">
<section id="HF980277098C14BCAB4581D343242C999">
<enum>
161.
</enum>
<header>
Closure of
low-performing Job Corps centers
</header>
<subsection id="HDE75E351488B4341905989EECE17F431">
<enum>
(a)
</enum>
<header>
Audit
</header>
<text display-inline="yes-display-inline">
Not later than 3 months after the date of
enactment of the SKILLS Act, the Secretary shall conduct an audit on the past
10 years of performance of Job Corps centers, including information
indicating—
</text>
<paragraph id="H226B9792CE3741ADB84A4FF210DB28B6">
<enum>
(1)
</enum>
<text>
a comparison of
each Job Corps center, by rank, on the performance indicators described in
subsections (c) and (d) of section 159 (as such sections were in effect on the
day before the date of enactment of the SKILLS Act);
</text>
</paragraph>
<paragraph id="H162CABBEE9564736A8C618E3EE5C0220">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
a comparison of each Job Corps center, by
rank, on the average performance of all performance indicators described in
subsections (c) and (d) of section 159 (as such sections were in effect on the
day before the date of enactment of the SKILLS Act); and
</text>
</paragraph>
<paragraph id="H02358647215A4D91BDE055A1ACBAFC42">
<enum>
(3)
</enum>
<text>
a listing of the
centers, by rank, that have experienced the highest number of serious incidents
of crimes of violence, as defined in
<external-xref legal-doc="usc" parsable-cite="usc/18/16">
section 16
</external-xref>
of title 18, United States
Code.
</text>
</paragraph>
</subsection>
<subsection id="H5D2781DEAEBB43DF9172A29DE4A18B0F">
<enum>
(b)
</enum>
<header>
Recommendations
</header>
<text display-inline="yes-display-inline">
Not later than 6 months after the date of
enactment of the SKILLS Act, the Secretary shall submit a report to the
Committee on Education and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the Senate, which
shall contain a detailed statement of the findings and conclusions from the
audit described in
<internal-xref idref="HDE75E351488B4341905989EECE17F431" legis-path="q:HFD48FE5294EB4226840CFF87533BFEC2:161.(a)">
subsection
(a)
</internal-xref>
, including information indicating the centers that are
ranked in the bottom quintile on the performance indicators described in
paragraphs (1) and (2) of subsection (a).
</text>
</subsection>
<subsection id="H60E09C6D0D1B41C3BC6276A6DCDFA68D">
<enum>
(c)
</enum>
<header>
Closure
</header>
<text display-inline="yes-display-inline">
Not later than 12 months after the date of
enactment of the SKILLS Act, the Secretary shall close the Job Corps centers
identified under
<internal-xref idref="H5D2781DEAEBB43DF9172A29DE4A18B0F" legis-path="q:HFD48FE5294EB4226840CFF87533BFEC2:161.(b)">
subsection
(b)
</internal-xref>
in accordance with subparagraphs (A) and (B) of section
159(f)(4).
</text>
</subsection>
<subsection id="HA102FB32D2824A40865362F9C2BAFB93">
<enum>
(d)
</enum>
<header>
Transition
</header>
<text>
The
Secretary shall ensure that program participants enrolled in low-performing Job
Corps centers slated for closure under this subsection receive priority
placement to enroll in another center in the State or neighboring
State.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H3F6AE7BBE5F340B195A6B5C7DA7DDFAF">
<enum>
131.
</enum>
<header>
Reforms for
opening new Job Corps centers
</header>
<text display-inline="no-display-inline">
Subtitle C of title I (29 U.S.C. 2881 et
seq.) is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H298D5FD696BF41BFB2D88BBF43FCB76D" style="OLC">
<section id="H8C07CC09E1FF4C41942F64F137844117">
<enum>
162.
</enum>
<header>
Reforms for
opening new Job Corps centers
</header>
<subsection display-inline="no-display-inline" id="H047FB299001140B49DD81BF58DEB5BC4">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall develop and implement specific
policies and procedures governing the selection of the State and local area for
construction of Job Corps centers. Such policies and procedures shall be the
same across all regions, based on a needs assessment of the assignment plan
described under section 145(c), and free from political favoritism, biases, or
considerations.
</text>
</subsection>
<subsection id="H0359A05B109247FABD5A33B6183C4989">
<enum>
(b)
</enum>
<header>
Restrictions
</header>
<paragraph id="H1712B3EB0AC3401380E1D67B207D7D9E">
<enum>
(1)
</enum>
<header>
Notification of
congress
</header>
<text>
The Secretary shall notify the Committee on Education
and the Workforce of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate before releasing a Request for
Proposal for the designation and construction of a Job Corps center.
</text>
</paragraph>
<paragraph id="HF74017C66AA842CF88AD08C70AFFBB18">
<enum>
(2)
</enum>
<header>
Number of
centers
</header>
<text display-inline="yes-display-inline">
Except as provided
under paragraph (3), the Secretary shall enter into agreements with not more
than 20 Job Corps centers per region, as those regions were in effect on the
date of enactment of the SKILLS Act.
</text>
</paragraph>
<paragraph id="H737B872376794ED9A15976F8D1A11F74">
<enum>
(3)
</enum>
<header>
Exception
</header>
<text display-inline="yes-display-inline">
The Secretary may enter into agreements
with more than 20 Job Corps centers upon approval, in writing, of the Chairman
and Ranking Member of the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education, Labor, and Pensions
of the
Senate.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
<subtitle id="HA5DD746DDE4F45C9BEFAA4AA8FD7F673">
<enum>
D
</enum>
<header>
National
Programs
</header>
<section id="HB969EA36E3124171A6455414AF03F845">
<enum>
132.
</enum>
<header>
Technical
assistance
</header>
<text display-inline="no-display-inline">
Section 170 (29
U.S.C. 2915) is amended—
</text>
<paragraph id="H3A443F8F5FA2490DB47B0E5BD44FE72C">
<enum>
(1)
</enum>
<text>
by striking
subsection (b);
</text>
</paragraph>
<paragraph id="H5F60C88C12174FE181937D4FC68DDC0A">
<enum>
(2)
</enum>
<text>
by
striking:
</text>
<quoted-block id="HA38D557C06704692BFDB0A1609875E85" style="OLC">
<subsection id="H411A95F9D7564DD695347DD6D6A1BA12">
<enum>
(a)
</enum>
<header>
General
technical
assistance
</header>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H2055DD03D72246A4963AB2ED859C6CA6">
<enum>
(3)
</enum>
<text>
by redesignating
paragraphs (1), (2), and (3) as subsections (a), (b), and (c) respectively, and
moving such subsections 2 ems to the left;
</text>
</paragraph>
<paragraph id="H223DC4AA6D384EDEB2B4809D11EEF922">
<enum>
(4)
</enum>
<text>
in subsection (a)
(as so redesignated)—
</text>
<subparagraph id="HAFDBC5404A84493F8F2B80A2CF1DF9BE">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
the training of staff providing rapid response services, the training of
other staff of recipients of funds under this title, assistance regarding
accounting and program operation practices (when such assistance would not be
duplicative to assistance provided by the State), technical assistance to
States that do not meet State performance measures described in section
136,
</quote>
after
<quote>
localities,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H01E0FF6FC0C9488EBE140A623D99E4BD">
<enum>
(B)
</enum>
<text>
by striking
<quote>
from carrying out activities
</quote>
and all that follows up to the
period and inserting
<quote>
to implement the amendments made by the SKILLS
Act
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H99297A5A8DEB47F0887992EE8B379FCB">
<enum>
(5)
</enum>
<text>
in subsection (b)
(as so redesignated)—
</text>
<subparagraph id="H6E2B046580CE47DEA7A8CD127DC6D487">
<enum>
(A)
</enum>
<text>
by striking
<quote>
paragraph (1)
</quote>
and inserting
<quote>
subsection
(a)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H849F1DC8376C41168F5BE6E1F3486FB3">
<enum>
(B)
</enum>
<text>
by striking
<quote>
, or recipient of financial assistance under any of sections 166 through
169,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H3E89FBFD079C4C868114D5EA976D7688">
<enum>
(C)
</enum>
<text>
by striking
<quote>
or grant recipient
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HA40EFD03C8D1458EBA0A6098DD5B315B">
<enum>
(6)
</enum>
<text>
in subsection (c)
(as so redesignated), by striking
<quote>
paragraph (1)
</quote>
and inserting
<quote>
subsection (a)
</quote>
; and
</text>
</paragraph>
<paragraph id="H7F932041FA564A4F86965575E15660A7">
<enum>
(7)
</enum>
<text>
by inserting,
after subsection (c) (as so redesignated), the following:
</text>
<quoted-block id="H9A3333B49A34426D9A62B5ADFC1B0B0F" style="OLC">
<subsection id="HE269FED1F311402CB9B2EF238F776B4E">
<enum>
(d)
</enum>
<header>
Best practices
coordination
</header>
<text>
The Secretary shall—
</text>
<paragraph id="H598CECCACD3847A8AF1F98961EB14EF3">
<enum>
(1)
</enum>
<text>
establish a system
through which States may share information regarding best practices with regard
to the operation of workforce investment activities under this Act; and
</text>
</paragraph>
<paragraph id="H820A225DB0A744D499369E449447CB7C">
<enum>
(2)
</enum>
<text>
evaluate and
disseminate information regarding best practices and identify knowledge
gaps.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H199A9876CBF348AEB6A65FCB22C68DC0">
<enum>
133.
</enum>
<header>
Evaluations
</header>
<text display-inline="no-display-inline">
Section 172 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2917">
29 U.S.C. 2917
</external-xref>
) is
amended—
</text>
<paragraph id="H10945CB2E5274B7B9561B2DCB46FFE0F">
<enum>
(1)
</enum>
<text>
in subsection (a),
by striking
<quote>
the Secretary shall provide for the continuing evaluation of
the programs and activities, including those programs and activities carried
out under section 171
</quote>
and inserting
<quote>
the Secretary, through
grants, contracts, or cooperative agreements, shall conduct, at least once
every 5 years, an independent evaluation of the programs and activities funded
under this Act
</quote>
;
</text>
</paragraph>
<paragraph id="HE283D2BCE2F14200AFF22ABE96DE551C">
<enum>
(2)
</enum>
<text>
in subsection
(a)(4) is amended to read as follows:
</text>
<quoted-block id="H8A167732450C45AAAB8DAD30EA5421BC" style="OLC">
<paragraph id="HDA30F23D8DEA4BE589BC79DD355E066F">
<enum>
(4)
</enum>
<text>
the impact of
receiving services and not receiving services under such programs and
activities on the community, businesses, and
individuals;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HBD006F8405084661A2A2B2E56A28DE18">
<enum>
(3)
</enum>
<text>
in subsection (c)
is amended to read as follows:
</text>
<quoted-block id="H60458F7B2B2D40379A5154B9AE52D185" style="OLC">
<subsection id="HF62EE8F917F2427F806D67C0BB5798F9">
<enum>
(c)
</enum>
<header>
Techniques
</header>
<text>
Evaluations
conducted under this section shall utilize appropriate and rigorous methodology
and research designs, including the use of control groups chosen by scientific
random assignment methodologies, quasi-experimental methods, impact analysis
and the use of administrative data. The Secretary shall conduct an impact
analysis, as described in subsection (a)(4), of the formula grant program under
subtitle B not later than 2015, and thereafter shall conduct such an analysis
not less than once every four
years.
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H0C7DB236BFA142099EECFB47EC57031A">
<enum>
(4)
</enum>
<text>
in subsection (e)
is amended by striking
<quote>
the Committee on Labor and Human Resources of the
Senate
</quote>
and inserting
<quote>
the Committee on Health, Education, Labor,
and Pensions of the Senate
</quote>
; and
</text>
</paragraph>
<paragraph id="H7649CBB6D24C4D2AAFA547C54BA992B8">
<enum>
(5)
</enum>
<text>
by adding at the
end, the following:
</text>
<quoted-block id="H059442BA1C2E4847AB74872C6E1CE784" style="OLC">
<subsection id="H0538449E5857464E97B1DEAD0219E318">
<enum>
(g)
</enum>
<header>
Public
availability
</header>
<text>
The results of the evaluations conducted under this
section shall be made publicly available, including by posting such results on
the Department’s
website.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
<subtitle id="HF52F683FCCE843C993D65A993842CE69">
<enum>
E
</enum>
<header>
Administration
</header>
<section id="HADD1CCA4F4714491B772B6CF0BAF0BF8">
<enum>
134.
</enum>
<header>
Requirements
and restrictions
</header>
<text display-inline="no-display-inline">
Section 181
(
<external-xref legal-doc="usc" parsable-cite="usc/29/2931">
29 U.S.C. 2931
</external-xref>
) is amended—
</text>
<paragraph id="H007081D315BF465493963CECDA4DC1CD">
<enum>
(1)
</enum>
<text>
in subsection
(b)(6), by striking
<quote>
, including representatives of businesses and of
labor organizations
</quote>
;
</text>
</paragraph>
<paragraph id="HE552796FF71941F98804CF3BD11A97DB">
<enum>
(2)
</enum>
<text>
in subsection
(c)(2)(A), in the matter preceding clause (i), by striking
<quote>
shall
</quote>
and inserting
<quote>
may
</quote>
;
</text>
</paragraph>
<paragraph id="H160E30F36D034CF8AED1695A92A7BF73">
<enum>
(3)
</enum>
<text>
in subsection
(e)—
</text>
<subparagraph id="H26880DC4F5CC47C08277A284F77D296C">
<enum>
(A)
</enum>
<text>
by striking
<quote>
training for
</quote>
and inserting
<quote>
the entry into employment,
retention in employment, or increases in earnings of
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H33DC795DF04A435CBE8C758E5E79A198">
<enum>
(B)
</enum>
<text>
by striking
<quote>
subtitle B
</quote>
and inserting
<quote>
this Act
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H7E885D8655094F17AF89E6B77626C38A">
<enum>
(4)
</enum>
<text>
in subsection
(f)(4), by striking
<quote>
134(a)(3)(B)
</quote>
and inserting
<quote>
134(a)(6)
</quote>
; and
</text>
</paragraph>
<paragraph id="H0D4F0C28467A4B42AFA782D7CC3086F5">
<enum>
(5)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF08E2AB286664DEBAFCD1CD328803DF8" style="OLC">
<subsection id="HA66ABBF81F9A4757B72325C8338473B2">
<enum>
(g)
</enum>
<header>
Salary and bonus
limitation
</header>
<text display-inline="yes-display-inline">
No funds provided
under this title shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct costs or indirect
costs, at a rate in excess of Level II of the Federal Executive Pay Schedule (5
U.S.C. 5313). This limitation shall not apply to vendors providing goods and
services as defined in OMB Circular A–133. Where States are recipients of such
funds, States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking into
account factors including the relative cost-of-living in the State, the
compensation levels for comparable State or local government employees, and the
size of the organizations that administer the programs.
</text>
</subsection>
<subsection id="HE26182CAA7AE46D198627ADAB4A4F9C3">
<enum>
(h)
</enum>
<header>
General
authority
</header>
<paragraph id="HA60549C2B97D4FFDAB1EE30A089F665D">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Employment and
Training Administration of the U.S. Department of Labor (hereinafter in this
Act referred to as the
<quote>
Administration
</quote>
) shall administer all
programs authorized under title I and III of this Act. The Administration shall
be headed by an Assistant Secretary appointed by the President by and with the
advice and consent of the Senate. Except for titles II and IV, the
Administration shall be the principal agency, and the Assistant Secretary shall
be the principal officer, of such Department for carrying out this Act.
</text>
</paragraph>
<paragraph id="H4F88C76AFF7E4D2981F45AEBB6DD398C">
<enum>
(2)
</enum>
<header>
Qualifications
</header>
<text>
The
Assistant Secretary shall be an individual with substantial experience in
workforce development and in workforce development management. The Assistant
Secretary shall also, to the maximum extent possible, possess knowledge and
have worked in or with the State or local workforce investment system or have
been a member of the business community. In the performance of the functions of
the office, the Assistant Secretary shall be directly responsible to the
Secretary or the Under Secretary as designed by the Secretary. The functions of
the Assistant Secretary shall not be delegated to any officer not directly
responsible, both with respect to program operation and administration, to the
Assistant Secretary. Any reference in this Act to duties to be carried out by
the Assistant Secretary shall be considered to be a reference to duties to be
carried out by the Secretary acting through the Assistant
Secretary.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H6A3F2EE14E4F46B194F3FBD958B8C9CA">
<enum>
135.
</enum>
<header>
Prompt
allocation of funds
</header>
<text display-inline="no-display-inline">
Section
182 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2932">
29 U.S.C. 2932
</external-xref>
) is amended—
</text>
<paragraph id="H4183B48255ED463A819F65C8E6F2604B">
<enum>
(1)
</enum>
<text>
in subsection (c),
by striking
<quote>
127 or
</quote>
; and
</text>
</paragraph>
<paragraph id="HCBA504B897CE4AFD9758B2A225A1090C">
<enum>
(2)
</enum>
<text>
in subsection
(e)—
</text>
<subparagraph id="H31AF8C56C5554F1DA3E5C97F56C35D3E">
<enum>
(A)
</enum>
<text>
by striking
<quote>
sections 128 and 133
</quote>
and inserting
<quote>
section 133
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="H29BAD26E0EDD45BE86BA64B2BF48F460">
<enum>
(B)
</enum>
<text>
by striking
<quote>
127 or
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="HC380F4E55C524617B5DF1E41B3A3A14B">
<enum>
136.
</enum>
<header>
Fiscal
controls; sanctions
</header>
<text display-inline="no-display-inline">
Section
184(a)(2) (
<external-xref legal-doc="usc" parsable-cite="usc/29/2934">
29 U.S.C. 2934(a)(2)
</external-xref>
) is amended—
</text>
<paragraph id="H6654D7D597094668AE200EC216BDC21B">
<enum>
(1)
</enum>
<text>
by striking
<quote>
(A)
</quote>
and all that follows through
<quote>
Each
</quote>
and
inserting
<quote>
Each
</quote>
; and
</text>
</paragraph>
<paragraph id="H5A6E5C28EFA44D93BC0D609FC38452BF">
<enum>
(2)
</enum>
<text>
by striking
subparagraph (B).
</text>
</paragraph>
</section>
<section id="H49B395EBA8DF4FEE8FEACCBAAE0D0EA9">
<enum>
137.
</enum>
<header>
Reports to
Congress
</header>
<text display-inline="no-display-inline">
Section 185 (29
U.S.C. 2935) is amended—
</text>
<paragraph id="H5DE57CA4A0784F6884ED89E20120C779">
<enum>
(1)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H3BE391904A79462C9D66BD11E6BD94A0">
<enum>
(A)
</enum>
<text>
in paragraph (2),
by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subparagraph>
<subparagraph id="H3D7AC53364FE42AF8DD22B90FF6EFCF9">
<enum>
(B)
</enum>
<text>
in paragraph (3),
by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H9D95AE8DD1914D27842C97FC74552CFD">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H845D4FE011554FD59F89D037C75A31F1" style="OLC">
<paragraph id="H42D265EDC4204B5BB6827EB785BDCF37">
<enum>
(4)
</enum>
<text>
shall have the
option to submit or disseminate electronically any reports, records, plans, or
any other data that are required to be collected or disseminated under this
title.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HEEBFAD6C954E4E139754EB70E79C72F1">
<enum>
(2)
</enum>
<text>
in subsection
(e)(2), by inserting
<quote>
and the Secretary shall submit to the Committee on
Education and the Workforce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate,
</quote>
after
<quote>
Secretary,
</quote>
.
</text>
</paragraph>
</section>
<section id="H762DBDD8E9E44D23B2598635641B136C">
<enum>
138.
</enum>
<header>
Administrative
provisions
</header>
<text display-inline="no-display-inline">
Section 189 (29
U.S.C. 2939) is amended—
</text>
<paragraph id="H545B93C508224703BCA086A55E1112C5">
<enum>
(1)
</enum>
<text>
in subsection
(g)—
</text>
<subparagraph id="H641B78FDC6704C8C9592CD6DF173A576">
<enum>
(A)
</enum>
<text>
by amending
paragraph (1) to read as follows:
</text>
<quoted-block id="H326D317654014D678FB28FD11D196CE9" style="OLC">
<paragraph id="HB394B577210C4723B72C5CDD907AD199">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Appropriations for any fiscal year for programs and
activities carried out under this title shall be available for obligation only
on the basis of a program year. The program year shall begin on July 1 in the
fiscal year for which the appropriation is
made.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H6F8F03D118F64709AED874E69F82DAC4">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="HF374D0474B8C49A9ADF5DB390800F0AF">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
each State
</quote>
and inserting
<quote>
each recipient
</quote>
;
and
</text>
</clause>
<clause id="HC408BCBDAE6846B59CDE491A81B1EA71">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
171 or
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HDB00FCA6CEF74CE4AE07A54B6A92ACE8">
<enum>
(2)
</enum>
<text>
in subsection
(i)—
</text>
<subparagraph id="H281D14A5E013484E8CC929DA2CAD5C69">
<enum>
(A)
</enum>
<text>
by striking
paragraphs (2) and (3);
</text>
</subparagraph>
<subparagraph id="HD0CEC818D907474DAD3D5DD34DB91127">
<enum>
(B)
</enum>
<text>
by redesignating
paragraph (4) as paragraph (2);
</text>
</subparagraph>
<subparagraph id="H7B02CB4EBE6D4C70970F1B654DA38129">
<enum>
(C)
</enum>
<text>
by amending
paragraph (2)(A), as so redesignated—
</text>
<clause id="H68916E52162E4B2397DEAB73D3B28428">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
requirements of subparagraph (B)
</quote>
and all that follows
through
<quote>
any of the statutory or regulatory requirements of subtitle
B
</quote>
and inserting
<quote>
requirements of subparagraph (B) or (D), any of
the statutory or regulatory requirements of subtitle B
</quote>
;
</text>
</clause>
<clause id="H2C4ADD5811B94FA0A081270E1D2A0843">
<enum>
(ii)
</enum>
<text>
by
striking clause (ii); and
</text>
</clause>
<clause id="HECF406A51EB34623B5C7FC76B6853AEE">
<enum>
(iii)
</enum>
<text>
in
clause (i), by striking
<quote>
; and
</quote>
and inserting a period at the end;
and
</text>
</clause>
</subparagraph>
<subparagraph id="H664EDB897D334BF8A4032F517A9CE6B7">
<enum>
(D)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H9A0DE36EC9594C868A6E9AB6A2B92709" style="OLC">
<subparagraph id="HE6597E8335AC47E0B95A9D12CFFA70A8">
<enum>
(D)
</enum>
<header>
Expedited
process for extending approved waivers to additional states
</header>
<text>
In
lieu of the requirements of subparagraphs (B) and (C), the Secretary may
establish an expedited procedure for the purpose of extending to additional
States the waiver of statutory or regulatory requirements that have been
approved for a State pursuant to a request under subparagraph (B). Such
procedure shall ensure that the extension of such waivers to additional States
are accompanied by appropriate conditions relating the implementation of such
waivers.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section id="HA88C48C3A2CA4E1BAC09BB6B94CBFAE9">
<enum>
139.
</enum>
<header>
State
legislative authority
</header>
<text display-inline="no-display-inline">
Section
191(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/2941">
29 U.S.C. 2941(a)
</external-xref>
) is amended—
</text>
<paragraph id="H0104DC3017D340BB96D020E458C0987E">
<enum>
(1)
</enum>
<text>
by striking
<quote>
consistent with the provisions of this title
</quote>
and inserting
<quote>
consistent with State law and the provisions of this title
</quote>
;
and
</text>
</paragraph>
<paragraph id="HF5E535A3A030492888ED8E1725A4F99D">
<enum>
(2)
</enum>
<text>
by striking
<quote>
consistent with the terms and conditions required under this
title
</quote>
and inserting
<quote>
consistent with State law and the terms and
conditions required under this title
</quote>
.
</text>
</paragraph>
</section>
<section id="H1D446A839DC84A15BF95805DEA813CEF">
<enum>
140.
</enum>
<header>
General program
requirements
</header>
<text display-inline="no-display-inline">
Section 195 (29
U.S.C. 2945) is amended—
</text>
<paragraph id="HAC88A17A68124748BE07BDB367194A8C">
<enum>
(1)
</enum>
<text>
in paragraph (7),
by inserting at the end the following:
</text>
<quoted-block id="HF86A5BAD9B204F079925AC62544264A2" style="OLC">
<subparagraph id="HF908A291B69A45C195E2B26CBBB93349" indent="up1">
<enum>
(D)
</enum>
<text>
Funds received by a public or private
nonprofit entity that are not described in paragraph (B), such as funds
privately raised from philanthropic foundations, businesses, or other private
entities, shall not be considered to be income under this title and shall not
be subject to the requirements of this
section.
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H1D5589A8E6F84E30AEF9061A255D57A5">
<enum>
(2)
</enum>
<text>
by adding at the
end the following new paragraphs:
</text>
<quoted-block id="HEB4CAAB964AF4B4C9431C1B1CBE22A33" style="OLC">
<paragraph id="H55F1B8BD50FC4789808D43BD593A6463">
<enum>
(14)
</enum>
<text>
Funds provided
under this title shall not be used to establish or operate stand-alone
fee-for-service enterprises that compete with private sector employment
agencies within the meaning of section 701(c) of the Civil Rights Act of 1964
(
<external-xref legal-doc="usc" parsable-cite="usc/42/2000e">
42 U.S.C. 2000e(c)
</external-xref>
), except that for purposes of this paragraph, such an
enterprise does not include one-stop centers.
</text>
</paragraph>
<paragraph id="H95A2F2D24BA34E81B14951E5FD4E3778">
<enum>
(15)
</enum>
<text>
Any report
required to be submitted to Congress, or to a Committee of Congress, under this
title shall be submitted to both the chairmen and ranking minority members of
the Committee on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the
Senate.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H9A2C9A6EF3C4411491EC197F33083C6C">
<enum>
141.
</enum>
<header>
Department
Staff
</header>
<text display-inline="no-display-inline">
Subtitle E of title I
(
<external-xref legal-doc="usc" parsable-cite="usc/29/2931">
29 U.S.C. 2931 et seq.
</external-xref>
) is amended by adding at the end the following new
section:
</text>
<quoted-block display-inline="no-display-inline" id="HD7B3A14D867D4D368686806B56C95E52" style="OLC">
<section id="H933F70AF52D0434D93CF31E11B5E2421">
<enum>
196.
</enum>
<header>
Department
staff
</header>
<text display-inline="no-display-inline">
The Secretary
shall—
</text>
<paragraph id="H2D1F6F3211C04CA7A7F0BF4C01AAABD2">
<enum>
(1)
</enum>
<text>
not later than 60
days after the date of the enactment of the SKILLS Act—
</text>
<subparagraph id="H63DDB7D8F0F0454F94B7E4F503D17C5F">
<enum>
(A)
</enum>
<text>
identify the
number of Department of Labor employees who work on or administer programs
under this Act, as such programs were in effect on the day before such date of
enactment; and
</text>
</subparagraph>
<subparagraph id="H5D4FA845AFA24C29B07DAA9E619B5E58">
<enum>
(B)
</enum>
<text>
publish such
information on the Department’s website;
</text>
</subparagraph>
</paragraph>
<paragraph id="HD31C1B53CEFA4D6EAE4EC8994137F8E9">
<enum>
(2)
</enum>
<text>
not later than 60
days after such date of enactment, identify the number of full-time equivalent
employees who work on or administer programs authorized under this Act, as such
programs were in effect on the day before such date of enactment, that have
been eliminated or consolidated on or after such date; and
</text>
</paragraph>
<paragraph id="H0B8FD7254FF04DE493E34096739A9BA3">
<enum>
(3)
</enum>
<text>
not later than 1
year after such date of enactment—
</text>
<subparagraph id="H9309BB37B6174D2781757C54C0EC2D7C">
<enum>
(A)
</enum>
<text>
reduce the
workforce of the Department of Labor by the number of full-time equivalent
employees identified under paragraph (2); and
</text>
</subparagraph>
<subparagraph id="H5E99ADEB3FA54CE5A864FBABC371C469">
<enum>
(B)
</enum>
<text>
submit to Congress
a report on—
</text>
<clause id="HEB04C05400F74D4BA381D864AF925C06">
<enum>
(i)
</enum>
<text>
the number of
employees associated with each program authorized under this Act and
administered by the Department;
</text>
</clause>
<clause id="H7DF490D951C84A18B34209E3B61A11F2">
<enum>
(ii)
</enum>
<text>
the number of
full-time equivalent employees identified under paragraph (2); and
</text>
</clause>
<clause id="H1C7422D08E0941818C427BE7C0ED59E9">
<enum>
(iii)
</enum>
<text>
how the
Secretary reduced the number of employees at the Department under
<internal-xref idref="H9309BB37B6174D2781757C54C0EC2D7C" legis-path="q:HD7B3A14D867D4D368686806B56C95E52:196.(3)(A)">
subparagraph
(A)
</internal-xref>
.
</text>
</clause>
</subparagraph>
</paragraph>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
<subtitle id="H7F291883C54E4724B271DFC392F33829">
<enum>
F
</enum>
<header>
State Unified
Plan
</header>
<section id="HEB0F164D6BDC4A4D9F3ECC96946A9B20">
<enum>
142.
</enum>
<header>
State unified
plan
</header>
<text display-inline="no-display-inline">
Section 501 (20 U.S.C.
9271) is amended—
</text>
<paragraph id="H8D1A16D6D65045A38809FF7AD79DA851">
<enum>
(1)
</enum>
<text>
by amending
subsection (b) to read as follows:
</text>
<quoted-block id="HD7F6DB39637843C2AB30548A7932E019" style="OLC">
<subsection id="H0B59979FDB764FFC822BDAD5FABBE1CE">
<enum>
(b)
</enum>
<header>
State unified
plan
</header>
<paragraph id="H5C933D7F1FDE47D58312CFEE82B7D598">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
A State may develop and submit to the appropriate
Secretaries a State unified plan for 2 or more of the activities or programs
set forth in paragraph (2). The State unified plan shall cover one or more of
the activities set forth in subparagraphs (A) and (B) of paragraph (2) and may
cover one or more of the activities set forth in subparagraphs (C) through (N)
of paragraph (2). For purposes of this paragraph, the activities and programs
described in subparagraphs (A) and (B) of paragraph (2) shall not be considered
to be 2 or more activities or programs for purposes of the unified plan. Such
activities or programs shall be considered to be 1 activity or program.
</text>
</paragraph>
<paragraph id="H5989AE9B43EC49A1AC4A7F76B905103F">
<enum>
(2)
</enum>
<header>
Activities and
programs
</header>
<text>
The activities and programs referred to in paragraph (1)
are as follows:
</text>
<subparagraph id="HE35E0701C17C45D2953B553FB28D82C1">
<enum>
(A)
</enum>
<text>
Programs and
activities authorized under title I.
</text>
</subparagraph>
<subparagraph id="H54CEFD86C5B349C2B455312457CA8E69">
<enum>
(B)
</enum>
<text>
Programs and
activities authorized under title II.
</text>
</subparagraph>
<subparagraph id="H2D89AE2EC1824DCBAEA576B174C677E1">
<enum>
(C)
</enum>
<text>
Programs
authorized under the Rehabilitation Act of 1973.
</text>
</subparagraph>
<subparagraph id="H3FC47651BD0E4B9992E2377EF4CC9303">
<enum>
(D)
</enum>
<text>
Secondary career
education programs authorized under the Carl D. Perkins Career and Applied
Technology Education Act.
</text>
</subparagraph>
<subparagraph id="H0622DEC37ADA49A0810091857402BFB4">
<enum>
(E)
</enum>
<text>
Postsecondary
career education programs authorized under the Carl D. Perkins Career and
Applied Technology Education Act.
</text>
</subparagraph>
<subparagraph id="HB6AD3ECAEAB545F19C7B1D9BCBBCA634">
<enum>
(F)
</enum>
<text>
Programs and
activities authorized under title II of the Trade Act of 1974.
</text>
</subparagraph>
<subparagraph id="HBFBBDA56736D40AD9192F91710B08E9A">
<enum>
(G)
</enum>
<text>
National
Apprenticeship Act of 1937.
</text>
</subparagraph>
<subparagraph id="HA15C1541529F446BA73AAA233A034B34">
<enum>
(H)
</enum>
<text>
Programs
authorized under the Community Services Block Grant Act.
</text>
</subparagraph>
<subparagraph id="H319E2C1C48B64144AEF9667C7FB42094">
<enum>
(I)
</enum>
<text>
Programs
authorized under the part A of title IV of the Social Security Act.
</text>
</subparagraph>
<subparagraph id="H24A1B68A71A54C1984F1F515FAF90DC4">
<enum>
(J)
</enum>
<text>
Programs
authorized under State unemployment compensation laws (in accordance with
applicable Federal law).
</text>
</subparagraph>
<subparagraph id="H3F24CB3C90CD4F43B4C5128ECDD4BBAE">
<enum>
(K)
</enum>
<text>
Work programs
authorized under section 6(o) of the Food Stamp Act of 1977.
</text>
</subparagraph>
<subparagraph id="HC79DDFD69707408DAD4F52E540EBE7C1">
<enum>
(L)
</enum>
<text>
Programs and
activities authorized title I of the Housing and Community Development Act of
1974.
</text>
</subparagraph>
<subparagraph id="HF163DF13D4EA4B1F883061674406D89D">
<enum>
(M)
</enum>
<text>
Programs and
activities authorized under the Public Workers and Economic Development Act of
1965.
</text>
</subparagraph>
<subparagraph id="HD3681A990AEC48A4B5E0547569CFE83A">
<enum>
(N)
</enum>
<text>
Activities as
defined under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/41">
chapter 41
</external-xref>
of title 38, United States
Code.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HAE072288427144AE9D0B735051525EE0">
<enum>
(2)
</enum>
<text>
by adding at the
end, the following:
</text>
<quoted-block id="H31915A9175464FFF93BF944E297E74B3" style="OLC">
<subsection id="H259FBC70F4554E7F84E333E6756EBFBC">
<enum>
(e)
</enum>
<header>
Additional
employment and training funds
</header>
<paragraph id="H44EED4ADF2E4473EA30F8F1D31EEA8CB">
<enum>
(1)
</enum>
<header>
Purpose
</header>
<text display-inline="yes-display-inline">
It is the purpose of this subsection to
reduce inefficiencies in the administration of federally-funded State and local
employment and training programs.
</text>
</paragraph>
<paragraph id="HBA2A83BFF4D149DF8071BAEA541AEDB1">
<enum>
(2)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
In developing a State
unified plan for the activities or programs described in subsection (b)(2) and
subject to paragraph (4) and the State plan approval process under subsection
(d), a State may propose to consolidate the amount, in whole or part, provided
for the activities or programs dedicated to employment and training into the
Workforce Investment Fund under section 132(b) to improve the administration of
State and local employment and training programs.
</text>
</paragraph>
<paragraph id="H0CC6B5BA81D943F395F501B17135775D">
<enum>
(3)
</enum>
<header>
Requirements
</header>
<text display-inline="yes-display-inline">
A State with a State unified plan approved
under subsection (d) for purposes of consolidation under paragraph (2) and that
is carrying out such consolidation shall—
</text>
<subparagraph id="HFFE4D1D58A5F4C3798D5998CDD0FD27C">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
continue to meet the program requirements,
limitations, and prohibitions of any Federal statute authorizing the activity
or program consolidated into the Workforce Investment Fund;
</text>
</subparagraph>
<subparagraph id="H53E7BCF37B4D491F911B98CB3C7A2E62">
<enum>
(B)
</enum>
<text>
meet the intent
and purpose of the activity or program consolidated into the Workforce
Investment Fund; and
</text>
</subparagraph>
<subparagraph id="H3C5AFA72623C43A9AE6485FFC2E0733E">
<enum>
(C)
</enum>
<text>
continue to make
reservations and allotments under subsections (a) and (b) of section
133.
</text>
</subparagraph>
</paragraph>
<paragraph id="HC59CF1A8EDE04CAA9D68D5591A5F5AB8">
<enum>
(4)
</enum>
<header>
Exceptions
</header>
<text>
A
State may not consolidate funds under paragraph (2) that are allocated to the
State under—
</text>
<subparagraph id="H671E6138B03A4E0092582101BF8FB4D1">
<enum>
(A)
</enum>
<text>
the Carl D.
Perkins Career and Technical Education Act of 2006; or
</text>
</subparagraph>
<subparagraph id="HEE12FFCAD7EE45CA8B5DB7140A186866">
<enum>
(B)
</enum>
<text>
the Rehabilitation
Act of
1973.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
</title>
<title id="HFF669BC4683244D887C677F2046D2EA5">
<enum>
II
</enum>
<header>
ADULT EDUCATION
AND FAMILY LITERACY EDUCATION
</header>
<section id="HAF11B47435E743A2A8003F6485784126">
<enum>
201.
</enum>
<header>
Amendment
</header>
<text display-inline="no-display-inline">
Title II (
<external-xref legal-doc="usc" parsable-cite="usc/20/2901">
20 U.S.C. 2901 et seq.
</external-xref>
) is amended
to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HE8C5AA939C75423F8075B61913E264F2" style="OLC">
<title id="H6CF672AB4C0D4BD8A8A55145335509BC">
<enum>
II
</enum>
<header>
ADULT EDUCATION
AND FAMILY LITERACY EDUCATION
</header>
<section id="H57E6554341F44983AFFA608811A9485D">
<enum>
201.
</enum>
<header>
Short
title
</header>
<text display-inline="no-display-inline">
This title may be cited
as the
<quote>
Adult Education and Family Literacy Education Act
</quote>
.
</text>
</section>
<section id="H7CFB2211E6584DC4BB09997745E75856">
<enum>
202.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
It is the purpose of this title to provide
instructional opportunities for adults seeking to improve their literacy
skills, including their basic reading, writing, speaking, and math skills, and
support States and local communities in providing, on a voluntary basis, adult
education and family literacy education programs, in order to—
</text>
<paragraph id="HE5A60CB4EB294ED3BCACE34DA521CB62">
<enum>
(1)
</enum>
<text>
increase the
literacy of adults, including the basic reading, writing, speaking, and math
skills, to a level of proficiency necessary for adults to obtain employment and
self-sufficiency and to successfully advance in the workforce;
</text>
</paragraph>
<paragraph id="HE786112577DA41C2836F1A92E05AF608">
<enum>
(2)
</enum>
<text>
assist adults in
the completion of a secondary school education (or its equivalent) and the
transition to a postsecondary educational institution;
</text>
</paragraph>
<paragraph id="HA87E3B3297F04D41A762A10304AB5791">
<enum>
(3)
</enum>
<text>
assist adults who
are parents to enable them to support the educational development of their
children and make informed choices regarding their children’s education
including, through instruction in basic reading, writing, speaking, and math
skills; and
</text>
</paragraph>
<paragraph id="H6009542892BA4EE9A9730845610EC67D">
<enum>
(4)
</enum>
<text>
assist adults who
are not proficient in English in improving their reading, writing, speaking,
listening, comprehension, and math skills.
</text>
</paragraph>
</section>
<section id="H5F7167013D734876BD23CEE7AEF83694">
<enum>
203.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this title:
</text>
<paragraph id="H3F78127F79834ABD9E5B0C5C31792BD4">
<enum>
(1)
</enum>
<header>
Adult education
and family literacy education programs
</header>
<text>
The term
<term>
adult
education and family literacy education programs
</term>
means a sequence of
academic instruction and educational services below the postsecondary level
that increase an individual’s ability to read, write, and speak English and
perform mathematical computations leading to a level of proficiency equivalent
to at least a secondary school completion that is provided for
individuals—
</text>
<subparagraph id="H3FC3DE2234CB4EBCAF8A0F5AC29CB2EF">
<enum>
(A)
</enum>
<text>
who are at least
16 years of age;
</text>
</subparagraph>
<subparagraph id="HA886959792FF4A9887FB26DEBD252048">
<enum>
(B)
</enum>
<text>
who are not
enrolled or required to be enrolled in secondary school under State law;
and
</text>
</subparagraph>
<subparagraph id="H05248974BDA64564AAFA165A54D9DC25">
<enum>
(C)
</enum>
<text>
who—
</text>
<clause id="H306DB71A2C2B4CD9BFB26FA3980AAA72">
<enum>
(i)
</enum>
<text>
lack sufficient
mastery of basic reading, writing, speaking, and math skills to enable the
individuals to function effectively in society;
</text>
</clause>
<clause id="H87C9C01C9608466984F1C0137FC1A71C">
<enum>
(ii)
</enum>
<text>
do not have a
secondary school diploma or its equivalent and have not achieved an equivalent
level of education; or
</text>
</clause>
<clause id="HAE89D5263F3C41FD9ACB2681E619DA1B">
<enum>
(iii)
</enum>
<text>
are English
learners.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HBFC01BE6422D43D1A8E6378BC251EC95">
<enum>
(2)
</enum>
<header>
Eligible
agency
</header>
<text>
The term
<term>
eligible agency
</term>
—
</text>
<subparagraph id="HA74E156EC4E844DFA8C30D7000078D9B">
<enum>
(A)
</enum>
<text>
means the primary
entity or agency in a State or an outlying area responsible for administering
or supervising policy for adult education and family literacy education
programs in the State or outlying area, respectively, consistent with the law
of the State or outlying area, respectively; and
</text>
</subparagraph>
<subparagraph id="H91A3A6C5A77D44DBA56996407330432A">
<enum>
(B)
</enum>
<text>
may be the State
educational agency, the State agency responsible for administering workforce
investment activities, or the State agency responsible for administering
community or technical colleges.
</text>
</subparagraph>
</paragraph>
<paragraph id="HED65975E6CB64CA7B68D8FDBFFF4F7F4">
<enum>
(3)
</enum>
<header>
Eligible
provider
</header>
<text>
The term
<term>
eligible provider
</term>
means an
organization of demonstrated effectiveness which is—
</text>
<subparagraph id="H063A366092AD4E11A42CCBF4F20B5040">
<enum>
(A)
</enum>
<text>
a local
educational agency;
</text>
</subparagraph>
<subparagraph id="HB13616668314481F8E2B899638A671D4">
<enum>
(B)
</enum>
<text>
a community-based
or faith-based organization;
</text>
</subparagraph>
<subparagraph id="HB093D1067C014D4D9B283DABDB76862D">
<enum>
(C)
</enum>
<text>
a volunteer
literacy organization;
</text>
</subparagraph>
<subparagraph id="HB9F5B22B99054492B0152161B717E620">
<enum>
(D)
</enum>
<text>
an institution of
higher education;
</text>
</subparagraph>
<subparagraph id="H794E2FE566F6429D8129A75E75162354">
<enum>
(E)
</enum>
<text>
a public or
private educational agency;
</text>
</subparagraph>
<subparagraph id="H4D8C50C2098543FDB74572591D39F9D9">
<enum>
(F)
</enum>
<text>
a library;
</text>
</subparagraph>
<subparagraph id="H19F37109DA874DD2AA214DC9FFA23762">
<enum>
(G)
</enum>
<text>
a public housing
authority;
</text>
</subparagraph>
<subparagraph id="HAE84F2B852EB4439B3B70975ED547464">
<enum>
(H)
</enum>
<text>
an institution
that is not described in any of subparagraphs (A) through (G) and has the
ability to provide adult education, basic skills, and family literacy education
programs to adults and families; or
</text>
</subparagraph>
<subparagraph id="H65F6471E21F94F1F82A535F914FC4C44">
<enum>
(I)
</enum>
<text>
a consortium of
the agencies, organizations, institutions, libraries, or authorities described
in any of subparagraphs (A) through (H).
</text>
</subparagraph>
</paragraph>
<paragraph id="H9458509894F041568C663B5E7EA9C017">
<enum>
(4)
</enum>
<header>
English language
acquisition program
</header>
<text>
The term
<term>
English language acquisition
program
</term>
means a program of instruction—
</text>
<subparagraph id="H1B20F93F2BDA4892B013C33906E415FF">
<enum>
(A)
</enum>
<text>
designed to help
English learners achieve competence in reading, writing, speaking, and
comprehension of the English language; and
</text>
</subparagraph>
<subparagraph id="H09C97D67749D4100BA6DCA585AE04464">
<enum>
(B)
</enum>
<text>
that may lead
to—
</text>
<clause id="H4BDF5DF1101246D09EDCD3EB960C97D7">
<enum>
(i)
</enum>
<text>
attainment of a
secondary school diploma or its recognized equivalent;
</text>
</clause>
<clause id="H20339970A129497085AC27C0FD0E48CC">
<enum>
(ii)
</enum>
<text>
transition to
success in postsecondary education and training; and
</text>
</clause>
<clause id="H3E1D01CBA1FC493FB9F6E1A1D0950100">
<enum>
(iii)
</enum>
<text>
employment or
career advancement.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HCFEB4410C78947ABBC6E7EE4975A20A6">
<enum>
(5)
</enum>
<header>
Family literacy
education program
</header>
<text>
The term
<term>
family literacy education
program
</term>
means an educational program that—
</text>
<subparagraph id="H55CE7E3AA3EF4E758BCED9276DFBF989">
<enum>
(A)
</enum>
<text>
assists parents
and students, on a voluntary basis, in achieving the purposes of this title as
described in section 202; and
</text>
</subparagraph>
<subparagraph id="H4B729D79B8274480A18E398B5317C690">
<enum>
(B)
</enum>
<text>
is of sufficient
intensity in terms of hours and of sufficient quality to make sustainable
changes in a family, is evidence-based, and, for the purpose of substantially
increasing the ability of parents and children to read, write, and speak
English, integrates—
</text>
<clause id="H40EFA07836AA4D90A17A79B5DA536E2A">
<enum>
(i)
</enum>
<text>
interactive
literacy activities between parents and their children;
</text>
</clause>
<clause id="H56CB9935DFB849809736004F04DE3BED">
<enum>
(ii)
</enum>
<text>
training for
parents regarding how to be the primary teacher for their children and full
partners in the education of their children;
</text>
</clause>
<clause id="H563E065694A74C2A919DFEECE81A471C">
<enum>
(iii)
</enum>
<text>
parent literacy
training that leads to economic self-sufficiency; and
</text>
</clause>
<clause id="H8A64657C5C4B4EBFB24685AED817E507">
<enum>
(iv)
</enum>
<text>
an
age-appropriate education to prepare children for success in school and life
experiences.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H87351CA20BBE478F9225F90F83F9C838">
<enum>
(6)
</enum>
<header>
Governor
</header>
<text>
The
term
<term>
Governor
</term>
means the chief executive officer of a State or
outlying area.
</text>
</paragraph>
<paragraph id="H4CC8198A658A47F8B60B930257E9C0F7">
<enum>
(7)
</enum>
<header>
Individual with
a disability
</header>
<subparagraph id="H49510FDE2FB54FD2980B776A3337058C">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The term
<term>
individual with a disability
</term>
means
an individual with any disability (as defined in section 3 of the Americans
with Disabilities Act of 1990).
</text>
</subparagraph>
<subparagraph id="H945EFB85BACD4C149ACD15762D9BB60B">
<enum>
(B)
</enum>
<header>
Individuals with
disabilities
</header>
<text>
The term
<term>
individuals with disabilities
</term>
means more than one individual with a disability.
</text>
</subparagraph>
</paragraph>
<paragraph id="H01543C067BAA49699D0A8F2124641AC3">
<enum>
(8)
</enum>
<header>
English
learner
</header>
<text>
The term
<term>
English learner
</term>
means an adult or
out-of-school youth who has limited ability in reading, writing, speaking, or
understanding the English language, and—
</text>
<subparagraph id="H1C771268A0DC4F409373D5B33C2F3B31">
<enum>
(A)
</enum>
<text>
whose native
language is a language other than English; or
</text>
</subparagraph>
<subparagraph id="HAF527AC698CB48869475F90CB8E0AB5C">
<enum>
(B)
</enum>
<text>
who lives in a
family or community environment where a language other than English is the
dominant language.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0554D48B7C6049C180AD1FF2F8637259">
<enum>
(9)
</enum>
<header>
Integrated
Education and Training
</header>
<text display-inline="yes-display-inline">
The
term
<term>
integrated education and training
</term>
means services that provide
adult education and literacy activities contextually and concurrently with
workforce preparation activities and workforce training for a specific
occupation or occupational cluster. Such services may include offering adult
education services concurrent with postsecondary education and training,
including through co-instruction.
</text>
</paragraph>
<paragraph id="H0FB3B8EA2B3D42AA867C2566F3D8492F">
<enum>
(10)
</enum>
<header>
Institution of
higher education
</header>
<text>
The term
<term>
institution of higher
education
</term>
has the meaning given the term in section 101 of the Higher
Education Act of 1965.
</text>
</paragraph>
<paragraph id="H9357401CD58A4D788B82E264E0D738A5">
<enum>
(11)
</enum>
<header>
Literacy
</header>
<text>
The
term
<term>
literacy
</term>
means an individual’s ability to read, write, and
speak in English, compute, and solve problems at a level of proficiency
necessary to obtain employment and to successfully make the transition to
postsecondary education.
</text>
</paragraph>
<paragraph id="H67D1E62E69DD46B492A9498C336A1439">
<enum>
(12)
</enum>
<header>
Local
educational agency
</header>
<text>
The term
<term>
local educational agency
</term>
has the meaning given the term in section 9101 of the Elementary and Secondary
Education Act of 1965.
</text>
</paragraph>
<paragraph id="H4BA97D9E7C3F4E86B6F1114A1506EEDD">
<enum>
(13)
</enum>
<header>
Outlying
area
</header>
<text>
The term
<term>
outlying area
</term>
has the meaning given
the term in section 101 of this Act.
</text>
</paragraph>
<paragraph id="HBFFCE63C133A444FA96B40984F25A8A8">
<enum>
(14)
</enum>
<header>
Postsecondary
educational institution
</header>
<text>
The term
<term>
postsecondary educational
institution
</term>
means—
</text>
<subparagraph id="HFEF7EA648C6F4264BFB8B7A1917EF398">
<enum>
(A)
</enum>
<text>
an institution of
higher education that provides not less than a 2-year program of instruction
that is acceptable for credit toward a bachelor’s degree;
</text>
</subparagraph>
<subparagraph id="H83BFD060C43E439D9A32AFCAEFEE5B41">
<enum>
(B)
</enum>
<text>
a tribally
controlled community college; or
</text>
</subparagraph>
<subparagraph id="H069D9D628F3C4DB59DF79A9A419A7BD3">
<enum>
(C)
</enum>
<text>
a nonprofit
educational institution offering certificate or apprenticeship programs at the
postsecondary level.
</text>
</subparagraph>
</paragraph>
<paragraph id="H43F00CD78741453CB96708BA1B02AE06">
<enum>
(15)
</enum>
<header>
Secretary
</header>
<text>
The
term
<term>
Secretary
</term>
means the Secretary of Education.
</text>
</paragraph>
<paragraph id="HB7E582EC6B804652BB15FD727066A088">
<enum>
(16)
</enum>
<header>
State
</header>
<text>
The
term
<term>
State
</term>
means each of the several States of the United States,
the District of Columbia, and the Commonwealth of Puerto Rico.
</text>
</paragraph>
<paragraph id="HBDD9E2810DC346908A965BF5E4BA8D5E">
<enum>
(17)
</enum>
<header>
State
educational agency
</header>
<text>
The term
<term>
State educational agency
</term>
has the meaning given the term in section 9101 of the Elementary and Secondary
Education Act of 1965.
</text>
</paragraph>
<paragraph id="H23D6703CAE2E402B9240DA8B46FF98A4">
<enum>
(18)
</enum>
<header>
Workplace
literacy program
</header>
<text>
The term
<term>
workplace literacy program
</term>
means an educational program that is offered in collaboration between eligible
providers and employers or employee organizations for the purpose of improving
the productivity of the workforce through the improvement of reading, writing,
speaking, and math skills.
</text>
</paragraph>
</section>
<section id="H48E35DFCE07343E9A7AC979381078F10">
<enum>
204.
</enum>
<header>
Home
schools
</header>
<text display-inline="no-display-inline">
Nothing in this title
shall be construed to affect home schools, whether or not a home school is
treated as a home school or a private school under State law, or to compel a
parent engaged in home schooling to participate in adult education and family
literacy education activities under this title.
</text>
</section>
<section id="HA09B2551079B4E839C677D5DD496111F">
<enum>
205.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
There are
authorized to be appropriated to carry out this title, $606,294,933 for fiscal
years 2014 and for each of the 6 succeeding fiscal years.
</text>
</section>
<subtitle id="H6A1F3AD30DCF4B22BBB334C6788DCF59">
<enum>
A
</enum>
<header>
Federal
Provisions
</header>
<section id="HA825B39F6B874D21A4B1BAE8281A1E52">
<enum>
211.
</enum>
<header>
Reservation of
funds; grants to eligible agencies; allotments
</header>
<subsection id="HEDDA155AA2614B31BA7BFC6088F2B67E">
<enum>
(a)
</enum>
<header>
Reservation of
funds
</header>
<text>
From the sums appropriated under section 205 for a fiscal
year, the Secretary shall reserve 2.0 percent to carry out section 242.
</text>
</subsection>
<subsection id="HC9EA9C6DC53E4907831011E28317A0A1">
<enum>
(b)
</enum>
<header>
Grants to
eligible agencies
</header>
<paragraph id="H077499817AAF4942BF6F16E0CC999FF5">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
From the sums appropriated under section 205 and not
reserved under subsection (a) for a fiscal year, the Secretary shall award a
grant to each eligible agency having a State plan approved under section 224 in
an amount equal to the sum of the initial allotment under subsection (c)(1) and
the additional allotment under subsection (c)(2) for the eligible agency for
the fiscal year, subject to subsections (f) and (g).
</text>
</paragraph>
<paragraph id="H5D5F1C3390924C169A467E4389AEBAE6">
<enum>
(2)
</enum>
<header>
Purpose of
grants
</header>
<text>
The Secretary may award a grant under paragraph (1) only
if the eligible agency involved agrees to expend the grant in accordance with
the provisions of this title.
</text>
</paragraph>
</subsection>
<subsection id="H594DD314ADF842F99238F2087837392B">
<enum>
(c)
</enum>
<header>
Allotments
</header>
<paragraph id="H554E647B60ED4BF28F6E901B881DC499">
<enum>
(1)
</enum>
<header>
Initial
allotments
</header>
<text>
From the sums appropriated under section 205 and not
reserved under subsection (a) for a fiscal year, the Secretary shall allot to
each eligible agency having a State plan approved under section 224—
</text>
<subparagraph id="H8FD2076192CB41E890BF253025FC43CC">
<enum>
(A)
</enum>
<text>
$100,000, in the
case of an eligible agency serving an outlying area; and
</text>
</subparagraph>
<subparagraph id="H6D25BD044CA14264B627753369DA9B93">
<enum>
(B)
</enum>
<text>
$250,000, in the
case of any other eligible agency.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0EF4F3C9B44148D7807A80804C173A9E">
<enum>
(2)
</enum>
<header>
Additional
allotments
</header>
<text>
From the sums appropriated under section 205, not
reserved under subsection (a), and not allotted under paragraph (1), for a
fiscal year, the Secretary shall allot to each eligible agency that receives an
initial allotment under paragraph (1) an additional amount that bears the same
relationship to such sums as the number of qualifying adults in the State or
outlying area served by the eligible agency bears to the number of such adults
in all States and outlying areas.
</text>
</paragraph>
</subsection>
<subsection id="HDEF5079160F645E89F41271295726453">
<enum>
(d)
</enum>
<header>
Qualifying
adult
</header>
<text>
For the purpose of subsection (c)(2), the term
<term>
qualifying adult
</term>
means an adult who—
</text>
<paragraph id="HE23815046886468EB249B1CD3338CDC0">
<enum>
(1)
</enum>
<text>
is at least 16
years of age;
</text>
</paragraph>
<paragraph id="H40E029C4FE374811BEE39837FFE84CB6">
<enum>
(2)
</enum>
<text>
is beyond the age
of compulsory school attendance under the law of the State or outlying
area;
</text>
</paragraph>
<paragraph id="HD31A36F0EE074E20B701288E24CC2F8F">
<enum>
(3)
</enum>
<text>
does not have a
secondary school diploma or its recognized equivalent; and
</text>
</paragraph>
<paragraph id="H8A2C60A818A547068C67BB9D14E163DF">
<enum>
(4)
</enum>
<text>
is not enrolled in
secondary school.
</text>
</paragraph>
</subsection>
<subsection id="H1633950984204D13B7D3A09B65631488">
<enum>
(e)
</enum>
<header>
Special
rule
</header>
<paragraph id="HF8511C9FAAE14F00A08ECFEE3C0F2E97">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
From amounts made available under subsection (c) for the
Republic of Palau, the Secretary shall award grants to Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to
carry out activities described in this title in accordance with the provisions
of this title as determined by the Secretary.
</text>
</paragraph>
<paragraph id="HAC7C34ABA0564F09AC8301A5A9124B33">
<enum>
(2)
</enum>
<header>
Termination of
eligibility
</header>
<text>
Notwithstanding any other provision of law, the
Republic of Palau shall be eligible to receive a grant under this title until
an agreement for the extension of United States education assistance under the
Compact of Free Association for the Republic of Palau becomes effective.
</text>
</paragraph>
</subsection>
<subsection id="HEBE1D678BB1746F5B161F1AA4046CA0A">
<enum>
(f)
</enum>
<header>
Hold-Harmless
provisions
</header>
<paragraph id="H1D1418CE22824292BC1C3259F44C12BF">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Notwithstanding subsection (c) and subject to paragraph
(2), for—
</text>
<subparagraph id="H3E66007B30A343F08695DC0966FE3CAC">
<enum>
(A)
</enum>
<text>
fiscal year 2014,
no eligible agency shall receive an allotment under this title that is less
than 90 percent of the allotment the eligible agency received for fiscal year
2012 under this title; and
</text>
</subparagraph>
<subparagraph id="HD4F4750B73294970A669A19A100EA729">
<enum>
(B)
</enum>
<text>
fiscal year 2015
and each succeeding fiscal year, no eligible agency shall receive an allotment
under this title that is less than 90 percent of the allotment the eligible
agency received for the preceding fiscal year under this title.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA746A755FCEE42ACA98E9CB5346C223D">
<enum>
(2)
</enum>
<header>
Ratable
reduction
</header>
<text>
If, for any fiscal year the amount available for
allotment under this title is insufficient to satisfy the provisions of
paragraph (1), the Secretary shall ratable reduce the payments to all eligible
agencies, as necessary.
</text>
</paragraph>
</subsection>
<subsection id="H3F0806760A244020BD01C349C26A949E">
<enum>
(g)
</enum>
<header>
Reallotment
</header>
<text>
The
portion of any eligible agency’s allotment under this title for a fiscal year
that the Secretary determines will not be required for the period such
allotment is available for carrying out activities under this title, shall be
available for reallotment from time to time, on such dates during such period
as the Secretary shall fix, to other eligible agencies in proportion to the
original allotments to such agencies under this title for such year.
</text>
</subsection>
</section>
<section id="H467C2723F1E549EAB93265C103905B39">
<enum>
212.
</enum>
<header>
Performance
accountability system
</header>
<text display-inline="no-display-inline">
Programs
and activities authorized under this title are subject to the performance
accountability provisions described in paragraph (2)(A) and (3) of section
136(b) and may, at a State’s discretion, include additional indicators
identified in the State plan approved under section 224.
</text>
</section>
</subtitle>
<subtitle id="HB081251E16694D349505BA38F1879D3C">
<enum>
B
</enum>
<header>
State
Provisions
</header>
<section id="H64FEA897BE5C47A3BEBFA3B886C3082F">
<enum>
221.
</enum>
<header>
State
administration
</header>
<text display-inline="no-display-inline">
Each eligible
agency shall be responsible for the following activities under this
title:
</text>
<paragraph id="H3B464866D2FB4A3CAE091BF40EA812F7">
<enum>
(1)
</enum>
<text>
The development,
submission, implementation, and monitoring of the State plan.
</text>
</paragraph>
<paragraph id="H0957A525B60E4B12822025288D802417">
<enum>
(2)
</enum>
<text>
Consultation with
other appropriate agencies, groups, and individuals that are involved in, or
interested in, the development and implementation of activities assisted under
this title.
</text>
</paragraph>
<paragraph id="HC0861C5EFFD0450FAD929800FEFE0CF1">
<enum>
(3)
</enum>
<text>
Coordination and
avoidance of duplication with other Federal and State education, training,
corrections, public housing, and social service programs.
</text>
</paragraph>
</section>
<section id="H585DBA171BCE4F1E943A5BA64C8913F6">
<enum>
222.
</enum>
<header>
State
distribution of funds; matching requirement
</header>
<subsection id="HA16215B9291E4D65966B11F10D7F7476">
<enum>
(a)
</enum>
<header>
State
distribution of funds
</header>
<text>
Each eligible agency receiving a grant
under this title for a fiscal year—
</text>
<paragraph id="HACE9A7A374814C0093B289F86DCF02FF">
<enum>
(1)
</enum>
<text>
shall use an
amount not less than 82.5 percent of the grant funds to award grants and
contracts under section 231 and to carry out section 225, of which not more
than 10 percent of such amount shall be available to carry out section
225;
</text>
</paragraph>
<paragraph id="H5166F19A504840EBADAA347D7A85A6DD">
<enum>
(2)
</enum>
<text>
shall use not more
than 12.5 percent of the grant funds to carry out State leadership activities
under section 223; and
</text>
</paragraph>
<paragraph id="H4F5C4758E4EB4665914DD6E80E672CDD">
<enum>
(3)
</enum>
<text>
shall use not more
than 5 percent of the grant funds, or $65,000, whichever is greater, for the
administrative expenses of the eligible agency.
</text>
</paragraph>
</subsection>
<subsection id="HE6730972198241989962FBF8F34F72FE">
<enum>
(b)
</enum>
<header>
Matching
requirement
</header>
<paragraph id="H14549E43E1CB4F638D690698126ECE5C">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In order to receive a grant from the Secretary under
section 211(b), each eligible agency shall provide, for the costs to be
incurred by the eligible agency in carrying out the adult education and family
literacy education programs for which the grant is awarded, a non-Federal
contribution in an amount that is not less than—
</text>
<subparagraph id="HA1294691C71C43AB95A2CCB6BFE1CC9D">
<enum>
(A)
</enum>
<text>
in the case of an
eligible agency serving an outlying area, 12 percent of the total amount of
funds expended for adult education and family literacy education programs in
the outlying area, except that the Secretary may decrease the amount of funds
required under this subparagraph for an eligible agency; and
</text>
</subparagraph>
<subparagraph id="H10B0C7A588874A96BCBA76855AB6F463">
<enum>
(B)
</enum>
<text>
in the case of an
eligible agency serving a State, 25 percent of the total amount of funds
expended for adult education and family literacy education programs in the
State.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCA0844A5C5E947EFB95286E9B93E6A9B">
<enum>
(2)
</enum>
<header>
Non-federal
contribution
</header>
<text>
An eligible agency’s non-Federal contribution
required under paragraph (1) may be provided in cash or in kind, fairly
evaluated, and shall include only non-Federal funds that are used for adult
education and family literacy education programs in a manner that is consistent
with the purpose of this title.
</text>
</paragraph>
</subsection>
</section>
<section id="H56329B36B44D498AAC88C944F7983F1D">
<enum>
223.
</enum>
<header>
State
leadership activities
</header>
<subsection id="HB8FD9B865EC34970AB7ACCFAC8635AD8">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Each eligible agency may use funds made available under
section 222(a)(2) for any of the following adult education and family literacy
education programs:
</text>
<paragraph id="H08208AAE755745068827C4DCEED17E65">
<enum>
(1)
</enum>
<text>
The establishment
or operation of professional development programs to improve the quality of
instruction provided pursuant to local activities required under section
231(b).
</text>
</paragraph>
<paragraph id="H436D794E60E14BFDA130EBCD7DAF2A54">
<enum>
(2)
</enum>
<text>
The provision of
technical assistance to eligible providers of adult education and family
literacy education programs, including for the development and dissemination of
evidence based research instructional practices in reading, writing, speaking,
math, and English language acquisition programs.
</text>
</paragraph>
<paragraph id="H43D98A9849B34A7586AE08B739E3DEB3">
<enum>
(3)
</enum>
<text>
The provision of
assistance to eligible providers in developing, implementing, and reporting
measurable progress in achieving the objectives of this title.
</text>
</paragraph>
<paragraph id="H907053B62721406FBB233F0B9CA62E72">
<enum>
(4)
</enum>
<text>
The monitoring and
evaluation of the quality of, and the improvement in, adult education and
literacy activities.
</text>
</paragraph>
<paragraph id="H46FA4D32172A45A38F81BA88288DD84C">
<enum>
(5)
</enum>
<text>
The provision of
technology assistance, including staff training, to eligible providers of adult
education and family literacy education programs, including distance education
activities, to enable the eligible providers to improve the quality of such
activities.
</text>
</paragraph>
<paragraph id="H3E3580A9294F4FD8A0426EAEF24BE064">
<enum>
(6)
</enum>
<text>
The development
and implementation of technology applications or distance education, including
professional development to support the use of instructional technology.
</text>
</paragraph>
<paragraph id="H1B6B43FE19304A238BDBFC5276122782">
<enum>
(7)
</enum>
<text>
Coordination with
other public programs, including programs under title I of this Act, and other
welfare-to-work, workforce development, and job training programs.
</text>
</paragraph>
<paragraph id="H3A9535047256453483438610ADC91F78">
<enum>
(8)
</enum>
<text>
Coordination with
existing support services, such as transportation, child care, and other
assistance designed to increase rates of enrollment in, and successful
completion of, adult education and family literacy education programs, for
adults enrolled in such activities.
</text>
</paragraph>
<paragraph id="H0352599057474E68BFCCA1EE6B3B57E8">
<enum>
(9)
</enum>
<text>
The development
and implementation of a system to assist in the transition from adult basic
education to postsecondary education.
</text>
</paragraph>
<paragraph id="HBBAE7954FC1442D1A725209D3A3176DC">
<enum>
(10)
</enum>
<text>
Activities to
promote workplace literacy programs.
</text>
</paragraph>
<paragraph id="H94CABD311314444199293BA32601C9C1">
<enum>
(11)
</enum>
<text>
Other activities
of statewide significance, including assisting eligible providers in achieving
progress in improving the skill levels of adults who participate in programs
under this title.
</text>
</paragraph>
<paragraph id="H3452DD162CDB410B96052653F3156954">
<enum>
(12)
</enum>
<text>
Integration of
literacy, instructional, and occupational skill training and promotion of
linkages with employees.
</text>
</paragraph>
</subsection>
<subsection id="H924594DF0B6D48FAA7D33384B4F6A6FC">
<enum>
(b)
</enum>
<header>
Coordination
</header>
<text>
In
carrying out this section, eligible agencies shall coordinate where possible,
and avoid duplicating efforts, in order to maximize the impact of the
activities described in subsection (a).
</text>
</subsection>
<subsection id="HBEFAA07F1DBA46129A413ABC67B57325">
<enum>
(c)
</enum>
<header>
State-Imposed
requirements
</header>
<text>
Whenever a State or outlying area implements any
rule or policy relating to the administration or operation of a program
authorized under this title that has the effect of imposing a requirement that
is not imposed under Federal law (including any rule or policy based on a State
or outlying area interpretation of a Federal statute, regulation, or
guideline), the State or outlying area shall identify, to eligible providers,
the rule or policy as being imposed by the State or outlying area.
</text>
</subsection>
</section>
<section id="HFDA72757ACDD46CBAADE3CF1839490AF">
<enum>
224.
</enum>
<header>
State
plan
</header>
<subsection id="H26B2C7B56FD84591A94FE387586C9F15">
<enum>
(a)
</enum>
<header>
3-Year
plans
</header>
<paragraph id="HC6716E92E3364D9CAB41A07A4F19C91C">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Each eligible agency desiring a grant under this title
for any fiscal year shall submit to, or have on file with, the Secretary a
3-year State plan.
</text>
</paragraph>
<paragraph id="H8C1E3A01CF9C43678BE4853FCF08A3A0">
<enum>
(2)
</enum>
<header>
State unified
plan
</header>
<text>
The eligible agency may submit the State plan as part of a
State unified plan described in section 501.
</text>
</paragraph>
</subsection>
<subsection id="HB0D0BBDA2873414B9900E96C10C15155">
<enum>
(b)
</enum>
<header>
Plan
contents
</header>
<text>
The eligible agency shall include in the State plan or
any revisions to the State plan—
</text>
<paragraph id="H6097FFB9B3EB49D8A7C1B849E4E28182">
<enum>
(1)
</enum>
<text>
an objective
assessment of the needs of individuals in the State or outlying area for adult
education and family literacy education programs, including individuals most in
need or hardest to serve;
</text>
</paragraph>
<paragraph id="H7FAE59B36EA247289625C4B0138E630E">
<enum>
(2)
</enum>
<text>
a description of
the adult education and family literacy education programs that will be carried
out with funds received under this title;
</text>
</paragraph>
<paragraph id="H482732E297AC410F9C04C8C3BA964C10">
<enum>
(3)
</enum>
<text>
an assurance that
the funds received under this title will not be expended for any purpose other
than for activities under this title;
</text>
</paragraph>
<paragraph id="H402CFC76C43349ECA219A79845B001C7">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
a description of how the eligible agency
will annually evaluate and measure the effectiveness and improvement of the
adult education and family literacy education programs funded under this title
using the indicators of performance described in section 136, including how the
eligible agency will conduct such annual evaluations and measures for each
grant received under this title;
</text>
</paragraph>
<paragraph id="HD647F34EE2144D68B29290CC0C78E278">
<enum>
(5)
</enum>
<text>
a description of
how the eligible agency will fund local activities in accordance with the
measurable goals described in section 231(d);
</text>
</paragraph>
<paragraph id="HBB0C1F2F0D0E498C9A73C8F4715B2242">
<enum>
(6)
</enum>
<text>
an assurance that
the eligible agency will expend the funds under this title only in a manner
consistent with fiscal requirements in section 241;
</text>
</paragraph>
<paragraph id="HB928EB7C884D45298EA9C01928B91B80">
<enum>
(7)
</enum>
<text>
a description of
the process that will be used for public participation and comment with respect
to the State plan, which—
</text>
<subparagraph id="H65E0232C02FF4A888017144E0C532BFD">
<enum>
(A)
</enum>
<text>
shall include
consultation with the State workforce investment board, the State board
responsible for administering community or technical colleges, the Governor,
the State educational agency, the State board or agency responsible for
administering block grants for temporary assistance to needy families under
title IV of the Social Security Act, the State council on disabilities, the
State vocational rehabilitation agency, and other State agencies that promote
the improvement of adult education and family literacy education programs, and
direct providers of such programs; and
</text>
</subparagraph>
<subparagraph id="HD9ED99BD5B6D4882B03429E00DCC13F1">
<enum>
(B)
</enum>
<text>
may include
consultation with the State agency on higher education, institutions
responsible for professional development of adult education and family literacy
education programs instructors, representatives of business and industry,
refugee assistance programs, and faith-based organizations;
</text>
</subparagraph>
</paragraph>
<paragraph id="H77788D2EB24741BAA83DD51A52FF21D3">
<enum>
(8)
</enum>
<text>
a description of
the eligible agency’s strategies for serving populations that include, at a
minimum—
</text>
<subparagraph id="H4ECD4045A332454AB4DD15ADE67FBD6D">
<enum>
(A)
</enum>
<text>
low-income
individuals;
</text>
</subparagraph>
<subparagraph id="H35DC348F720F419CAEA473A6FC087D4C">
<enum>
(B)
</enum>
<text>
individuals with
disabilities;
</text>
</subparagraph>
<subparagraph id="H46EF29FC278C4D0AB226E954171CF86B">
<enum>
(C)
</enum>
<text>
the
unemployed;
</text>
</subparagraph>
<subparagraph id="HD06037221AC64950AB51FCC67D9FAF46">
<enum>
(D)
</enum>
<text>
the underemployed;
and
</text>
</subparagraph>
<subparagraph id="H869C51830A44473D892087E00C1ED6C0">
<enum>
(E)
</enum>
<text>
individuals with
multiple barriers to educational enhancement, including English
learners;
</text>
</subparagraph>
</paragraph>
<paragraph id="HED96D65EBFEE435CA6B8F090C4C7590A">
<enum>
(9)
</enum>
<text>
a description of
how the adult education and family literacy education programs that will be
carried out with any funds received under this title will be integrated with
other adult education, career development, and employment and training
activities in the State or outlying area served by the eligible agency;
</text>
</paragraph>
<paragraph id="H148015E0531247AA87F20FC88B6E1EB5">
<enum>
(10)
</enum>
<text>
a description of
the steps the eligible agency will take to ensure direct and equitable access,
as required in section 231(c)(1), including—
</text>
<subparagraph id="H71C85F9210A94405BCFDD6E3B4B908CA">
<enum>
(A)
</enum>
<text>
how the State will
build the capacity of community-based and faith-based organizations to provide
adult education and family literacy education programs; and
</text>
</subparagraph>
<subparagraph id="HCA8E595642F64F82B58B0EA75A2F5CCB">
<enum>
(B)
</enum>
<text>
how the State will
increase the participation of business and industry in adult education and
family literacy education programs;
</text>
</subparagraph>
</paragraph>
<paragraph id="H050B84BFA27A4071B16D847449A3BBF9">
<enum>
(11)
</enum>
<text>
an assessment of
the adequacy of the system of the State or outlying area to ensure teacher
quality and a description of how the State or outlying area will use funds
received under this subtitle to improve teacher quality, including
evidence-based professional development to improve instruction; and
</text>
</paragraph>
<paragraph id="H1454CCCE2D0B4543A69C63A7F7626A99">
<enum>
(12)
</enum>
<text>
a description of
how the eligible agency will consult with any State agency responsible for
postsecondary education to develop adult education that prepares students to
enter postsecondary education without the need for remediation upon completion
of secondary school equivalency programs.
</text>
</paragraph>
</subsection>
<subsection id="H85FF6DC400144F5884C10AC54E2D5823">
<enum>
(c)
</enum>
<header>
Plan
revisions
</header>
<text>
When changes in conditions or other factors require
substantial revisions to an approved State plan, the eligible agency shall
submit the revisions of the State plan to the Secretary.
</text>
</subsection>
<subsection id="HF6ED8FE90DE444B989F1A89B32AB6282">
<enum>
(d)
</enum>
<header>
Consultation
</header>
<text>
The
eligible agency shall—
</text>
<paragraph id="H0AB8EBDD3F684A1E856361B4C60DBCFC">
<enum>
(1)
</enum>
<text>
submit the State
plan, and any revisions to the State plan, to the Governor, the chief State
school officer, or the State officer responsible for administering community or
technical colleges, or outlying area for review and comment; and
</text>
</paragraph>
<paragraph id="HF69BA012320B4C0089F9754E97402C15">
<enum>
(2)
</enum>
<text>
ensure that any
comments regarding the State plan by the Governor, the chief State school
officer, or the State officer responsible for administering community or
technical colleges, and any revision to the State plan, are submitted to the
Secretary.
</text>
</paragraph>
</subsection>
<subsection id="H686E355DAFD84615832504C5DF462D6A">
<enum>
(e)
</enum>
<header>
Plan
approval
</header>
<text>
The Secretary shall—
</text>
<paragraph id="H24526900D0A54E4B8507C642FE19026D">
<enum>
(1)
</enum>
<text>
approve a State
plan within 90 days after receiving the plan unless the Secretary makes a
written determination within 30 days after receiving the plan that the plan
does not meet the requirements of this section or is inconsistent with specific
provisions of this subtitle; and
</text>
</paragraph>
<paragraph id="H6D285FEE1807470CA5CB17D14DC33476">
<enum>
(2)
</enum>
<text>
not finally
disapprove of a State plan before offering the eligible agency the opportunity,
prior to the expiration of the 30-day period beginning on the date on which the
eligible agency received the written determination described in paragraph (3),
to review the plan and providing technical assistance in order to assist the
eligible agency in meeting the requirements of this subtitle.
</text>
</paragraph>
</subsection>
</section>
<section id="H1F54E8BFC5A148F2B939288A3E2DC440">
<enum>
225.
</enum>
<header>
Programs for
corrections education and other institutionalized individuals
</header>
<subsection id="HC01FB90144384AA2980F585D98BBEFCE">
<enum>
(a)
</enum>
<header>
Program
authorized
</header>
<text>
From funds made available under section 222(a)(1) for
a fiscal year, each eligible agency shall carry out corrections education and
education for other institutionalized individuals.
</text>
</subsection>
<subsection id="HF12195F2D96C4CE9B3C7C38BBB807C99">
<enum>
(b)
</enum>
<header>
Uses of
funds
</header>
<text>
The funds described in subsection (a) shall be used for the
cost of educational programs for criminal offenders in correctional
institutions and for other institutionalized individuals, including academic
programs for—
</text>
<paragraph id="H72CA3515A54242249AAD1047377EE9E5">
<enum>
(1)
</enum>
<text>
basic skills
education;
</text>
</paragraph>
<paragraph id="H2AB83CB8DA2D4A26A722C9A4556468F8">
<enum>
(2)
</enum>
<text>
special education
programs as determined by the eligible agency;
</text>
</paragraph>
<paragraph id="HB84896F1CB744157BFFC56D1A68CE38C">
<enum>
(3)
</enum>
<text>
reading, writing,
speaking, and math programs;
</text>
</paragraph>
<paragraph id="H0AA83D83163B4D06944350FF5DF0CE3F">
<enum>
(4)
</enum>
<text>
secondary school
credit or diploma programs or their recognized equivalent; and
</text>
</paragraph>
<paragraph id="HB911B919585A4C56865610B5E996B6BA">
<enum>
(5)
</enum>
<text>
integrated
education and training.
</text>
</paragraph>
</subsection>
<subsection id="H4B64E68797864EBF996631F7FE4CA826">
<enum>
(c)
</enum>
<header>
Priority
</header>
<text>
Each
eligible agency that is using assistance provided under this section to carry
out a program for criminal offenders within a correctional institution shall
give priority to serving individuals who are likely to leave the correctional
institution within 5 years of participation in the program.
</text>
</subsection>
<subsection id="H952851C2BB3843F8A611546531224F1B">
<enum>
(d)
</enum>
<header>
Definitions
</header>
<text>
For
purposes of this section:
</text>
<paragraph id="H3FD6687CABDD4484951A92814B366EEA">
<enum>
(1)
</enum>
<header>
Correctional
institution
</header>
<text>
The term
<term>
correctional institution
</term>
means
any—
</text>
<subparagraph id="H77F0EE093CD94F6A91485521FE36BBE5">
<enum>
(A)
</enum>
<text>
prison;
</text>
</subparagraph>
<subparagraph id="H16715A99F668442CBECFB019DD6FB6AC">
<enum>
(B)
</enum>
<text>
jail;
</text>
</subparagraph>
<subparagraph id="HBD42F38599454CDAA92740A6EB88AA96">
<enum>
(C)
</enum>
<text>
reformatory;
</text>
</subparagraph>
<subparagraph id="H5DB98D0B0DEE492F81CC7FDE9DACD555">
<enum>
(D)
</enum>
<text>
work farm;
</text>
</subparagraph>
<subparagraph id="HE04A80D821F34CE8929A6B51527FB5A5">
<enum>
(E)
</enum>
<text>
detention center;
or
</text>
</subparagraph>
<subparagraph id="HB77883015C4B42648A6868E1183E6B0A">
<enum>
(F)
</enum>
<text>
halfway house,
community-based rehabilitation center, or any other similar institution
designed for the confinement or rehabilitation of criminal offenders.
</text>
</subparagraph>
</paragraph>
<paragraph id="H12C793A875724EB6A687277C605A0D28">
<enum>
(2)
</enum>
<header>
Criminal
offender
</header>
<text>
The term
<term>
criminal offender
</term>
means any
individual who is charged with, or convicted of, any criminal offense.
</text>
</paragraph>
</subsection>
</section>
</subtitle>
<subtitle id="HA2299ACD494B493BBF9E2CCBDDE5ECAB">
<enum>
C
</enum>
<header>
Local
Provisions
</header>
<section id="H8D914B3B57F3403687EB5CBD38A51E41">
<enum>
231.
</enum>
<header>
Grants and
contracts for eligible providers
</header>
<subsection id="H90A492549B894A1DBC04A1407DCCAE95">
<enum>
(a)
</enum>
<header>
Grants and
contracts
</header>
<text>
From grant funds made available under section
222(a)(1), each eligible agency shall award multi-year grants or contracts, on
a competitive basis, to eligible providers within the State or outlying area
that meet the conditions and requirements of this title to enable the eligible
providers to develop, implement, and improve adult education and family
literacy education programs within the State.
</text>
</subsection>
<subsection id="HC0530F248DD64B8BB62666108FF9DA6E">
<enum>
(b)
</enum>
<header>
Local
activities
</header>
<text>
The eligible agency shall require eligible providers
receiving a grant or contract under subsection (a) to establish or
operate—
</text>
<paragraph id="H96766687BB114C28A088841A7F19BCC7">
<enum>
(1)
</enum>
<text>
programs that
provide adult education and literacy activities;
</text>
</paragraph>
<paragraph id="H3AAF4C58DA1E412199052F548CD966EC">
<enum>
(2)
</enum>
<text>
programs that
provide integrated employment and training activities; or
</text>
</paragraph>
<paragraph id="H12D23B14BB224A5C934DEDCE34BD998E">
<enum>
(3)
</enum>
<text>
credit-bearing
postsecondary coursework.
</text>
</paragraph>
</subsection>
<subsection id="H7432D0CFD47B4FDCB6A7CC506B0CAB40">
<enum>
(c)
</enum>
<header>
Direct and
equitable access; same process
</header>
<text>
Each eligible agency receiving
funds under this title shall ensure that—
</text>
<paragraph id="H6AF5C22CE77C4C7889BC966B5ADAE7E5">
<enum>
(1)
</enum>
<text>
all eligible
providers have direct and equitable access to apply for grants or contracts
under this section; and
</text>
</paragraph>
<paragraph id="HCE0C3FBE650548AB9A472541B8C30797">
<enum>
(2)
</enum>
<text>
the same grant or
contract announcement process and application process is used for all eligible
providers in the State or outlying area.
</text>
</paragraph>
</subsection>
<subsection id="HAAADFBCA8CC1424FA932F7E1E7B16128">
<enum>
(d)
</enum>
<header>
Measurable
goals
</header>
<text>
The eligible agency shall require eligible providers
receiving a grant or contract under subsection (a) to demonstrate—
</text>
<paragraph id="HCCCFF9BC58C149AF88EA3B5D5D2A33C6">
<enum>
(1)
</enum>
<text>
the eligible
provider’s measurable goals for participant outcomes to be achieved annually on
the core indicators of performance described in section 136(b)(2)(A);
</text>
</paragraph>
<paragraph id="H8D857BDFC7F64F89B324E0C2AFB9A58F">
<enum>
(2)
</enum>
<text>
the past
effectiveness of the eligible provider in improving the basic academic skills
of adults and, for eligible providers receiving grants in the prior year, the
success of the eligible provider receiving funding under this title in
exceeding its performance goals in the prior year;
</text>
</paragraph>
<paragraph id="H911772E7692E4A47A7D01AE8E069968C">
<enum>
(3)
</enum>
<text>
the commitment of
the eligible provider to serve individuals in the community who are the most in
need of basic academic skills instruction services, including individuals with
disabilities and individuals who are low-income or have minimal reading,
writing, speaking, and math skills, or are English learners;
</text>
</paragraph>
<paragraph id="H0C9D27C594054878BDBEC32EDC43DC4D">
<enum>
(4)
</enum>
<text>
the program is of
sufficient intensity and quality for participants to achieve substantial
learning gains;
</text>
</paragraph>
<paragraph id="H7483F396274E402EA7931E9606925FEE">
<enum>
(5)
</enum>
<text>
educational
practices are evidence-based;
</text>
</paragraph>
<paragraph id="H1D6BF20BBD6B4E5CAE16D14278F9ADC1">
<enum>
(6)
</enum>
<text>
the activities of
the eligible provider effectively employ advances in technology, and delivery
systems including distance education;
</text>
</paragraph>
<paragraph id="H8D80ABCC2D9C4000BF563C42A9FAA43A">
<enum>
(7)
</enum>
<text>
the activities
provide instruction in real-life contexts, including integrated education and
training when appropriate, to ensure that an individual has the skills needed
to compete in the workplace and exercise the rights and responsibilities of
citizenship;
</text>
</paragraph>
<paragraph id="HF4F04AB815664AB58D024BA93994E3B4">
<enum>
(8)
</enum>
<text>
the activities are
staffed by well-trained instructors, counselors, and administrators who meet
minimum qualifications established by the State;
</text>
</paragraph>
<paragraph id="HDCE7828BA1384BCE8BCB5F9E345EEC9C">
<enum>
(9)
</enum>
<text>
the activities are
coordinated with other available resources in the community, such as through
strong links with elementary schools and secondary schools, postsecondary
educational institutions, local workforce investment boards, one-stop centers,
job training programs, community-based and faith-based organizations, and
social service agencies;
</text>
</paragraph>
<paragraph id="H0562A2CE3A754DE797835EF4CC6BB9A8">
<enum>
(10)
</enum>
<text>
the activities
offer flexible schedules and support services (such as child care and
transportation) that are necessary to enable individuals, including individuals
with disabilities or other special needs, to attend and complete
programs;
</text>
</paragraph>
<paragraph id="HD9CCACF7326A47FEA23046488DA3E8D6">
<enum>
(11)
</enum>
<text>
the activities
include a high-quality information management system that has the capacity to
report measurable participant outcomes (consistent with section 136) and to
monitor program performance;
</text>
</paragraph>
<paragraph id="HE09C4FBB15994729A2BB77BB72D7B41F">
<enum>
(12)
</enum>
<text>
the local
communities have a demonstrated need for additional English language
acquisition programs, and integrated education and training programs;
</text>
</paragraph>
<paragraph id="H577F2948A302454A83BB5E47980EFE5D">
<enum>
(13)
</enum>
<text>
the capacity of
the eligible provider to produce valid information on performance results,
including enrollments and measurable participant outcomes;
</text>
</paragraph>
<paragraph id="H63DAE58C227D4045993A7AE2ECB4FC37">
<enum>
(14)
</enum>
<text>
adult education
and family literacy education programs offer rigorous reading, writing,
speaking, and math content that are evidence based; and
</text>
</paragraph>
<paragraph id="HAD87500F7242447F8BF87B1FE059A2C5">
<enum>
(15)
</enum>
<text>
applications of
technology, and services to be provided by the eligible providers, are of
sufficient intensity and duration to increase the amount and quality of
learning and lead to measurable learning gains within specified time
periods.
</text>
</paragraph>
</subsection>
<subsection id="H14FA012056464DC893A9F93A42C3C939">
<enum>
(e)
</enum>
<header>
Special
rule
</header>
<text>
Eligible providers may use grant funds under this title to
serve children participating in family literacy programs assisted under this
part, provided that other sources of funds available to provide similar
services for such children are used first.
</text>
</subsection>
</section>
<section id="H40A263F8EDEE4D4BB862C3A73E9DFCC2">
<enum>
232.
</enum>
<header>
Local
application
</header>
<text display-inline="no-display-inline">
Each eligible
provider desiring a grant or contract under this title shall submit an
application to the eligible agency containing such information and assurances
as the eligible agency may require, including—
</text>
<paragraph id="HAE8852852724417CB15EC96EA474C97B">
<enum>
(1)
</enum>
<text>
a description of
how funds awarded under this title will be spent consistent with the
requirements of this title;
</text>
</paragraph>
<paragraph id="HDB3B62C1FDC14911AF14FD1596E85086">
<enum>
(2)
</enum>
<text>
a description of
any cooperative arrangements the eligible provider has with other agencies,
institutions, or organizations for the delivery of adult education and family
literacy education programs; and
</text>
</paragraph>
<paragraph id="H7D941C3EF2004EFDA8C55E7FECDA6E16">
<enum>
(3)
</enum>
<text>
each of the
demonstrations required by section 231(d).
</text>
</paragraph>
</section>
<section id="H3CA87B9B26D64BC2965854A82B004020">
<enum>
233.
</enum>
<header>
Local
administrative cost limits
</header>
<subsection id="H9F58CB33097243CAA4343267631176A7">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Subject to subsection (b), of the amount that is made
available under this title to an eligible provider—
</text>
<paragraph id="H3E6129B271644FE0B77423FC4E0A8E97">
<enum>
(1)
</enum>
<text>
at least 95
percent shall be expended for carrying out adult education and family literacy
education programs; and
</text>
</paragraph>
<paragraph id="H5F3BC39462004A37AF59B07F64BFB02A">
<enum>
(2)
</enum>
<text>
the remaining
amount shall be used for planning, administration, personnel and professional
development, development of measurable goals in reading, writing, speaking, and
math, and interagency coordination.
</text>
</paragraph>
</subsection>
<subsection id="H6D9AAB53F69F4E7399F85F775C2684DB">
<enum>
(b)
</enum>
<header>
Special
rule
</header>
<text>
In cases where the cost limits described in subsection (a)
are too restrictive to allow for adequate planning, administration, personnel
development, and interagency coordination, the eligible provider may negotiate
with the eligible agency in order to determine an adequate level of funds to be
used for noninstructional purposes.
</text>
</subsection>
</section>
</subtitle>
<subtitle id="HF717C766DC42497688548FB9D0BF8B79">
<enum>
D
</enum>
<header>
General
Provisions
</header>
<section id="HBF964743EC3148F2A29F69AA39B7B3C0">
<enum>
241.
</enum>
<header>
Administrative
provisions
</header>
<text display-inline="no-display-inline">
Funds made
available for adult education and family literacy education programs under this
title shall supplement and not supplant other State or local public funds
expended for adult education and family literacy education programs.
</text>
</section>
<section id="H8B8F83526AB848748F0921AE71DCD938">
<enum>
242.
</enum>
<header>
National
activities
</header>
<text display-inline="no-display-inline">
The Secretary shall
establish and carry out a program of national activities that may include the
following:
</text>
<paragraph id="H3FE0A9FE3B714556900F773877FA0F6E">
<enum>
(1)
</enum>
<text>
Providing
technical assistance to eligible entities, on request, to—
</text>
<subparagraph id="H43AB174A2E1D45A4B8E302459030FC1D">
<enum>
(A)
</enum>
<text>
improve their
fiscal management, research-based instruction, and reporting requirements to
carry out the requirements of this title;
</text>
</subparagraph>
<subparagraph id="H515E43C8CBCE40099364B398C91F7B82">
<enum>
(B)
</enum>
<text>
improve its
performance on the core indicators of performance described in section
136;
</text>
</subparagraph>
<subparagraph id="HC88EAD41C6B04C9C8D70B956B28DEA74">
<enum>
(C)
</enum>
<text>
provide adult
education professional development; and
</text>
</subparagraph>
<subparagraph id="H9301975E1AD0483489A72EFC3E69591E">
<enum>
(D)
</enum>
<text>
use distance
education and improve the application of technology in the classroom, including
instruction in English language acquisition for English learners.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5ACFCF7D11BB46EEAFBE6B2EBB4AF560">
<enum>
(2)
</enum>
<text>
Providing for the
conduct of research on national literacy basic skill acquisition levels among
adults, including the number of adult English learners functioning at different
levels of reading proficiency.
</text>
</paragraph>
<paragraph id="H7558B3D18E8242C49DFB6CFD9A6CD238">
<enum>
(3)
</enum>
<text>
Improving the
coordination, efficiency, and effectiveness of adult education and workforce
development services at the national, State, and local levels.
</text>
</paragraph>
<paragraph id="HE2AE9415B9AD4A0C9EE34075E9D187E0">
<enum>
(4)
</enum>
<text>
Determining how
participation in adult education, English language acquisition, and family
literacy education programs prepares individuals for entry into and success in
postsecondary education and employment, and in the case of prison-based
services, the effect on recidivism.
</text>
</paragraph>
<paragraph id="H12898027A71F4E12B8BE04729CC4357E">
<enum>
(5)
</enum>
<text>
Evaluating how
different types of providers, including community and faith-based organizations
or private for-profit agencies measurably improve the skills of participants in
adult education, English language acquisition, and family literacy education
programs.
</text>
</paragraph>
<paragraph id="HEE4FAE78D6694B7298CE20318C055719">
<enum>
(6)
</enum>
<text>
Identifying model
integrated basic and workplace skills education programs, including programs
for English learners coordinated literacy and employment services, and
effective strategies for serving adults with disabilities.
</text>
</paragraph>
<paragraph id="HDB75F2BE3A234E78B73FB9239E15E386">
<enum>
(7)
</enum>
<text>
Initiating other
activities designed to improve the measurable quality and effectiveness of
adult education, English language acquisition, and family literacy education
programs
nationwide.
</text>
</paragraph>
</section>
</subtitle>
</title>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</title>
<title id="H837A923FC052402683CEC3DC1C7633A6">
<enum>
III
</enum>
<header>
AMENDMENTS TO
THE WAGNER-PEYSER ACT
</header>
<section id="HDBA7B386991A4266B3B8FC8D54A82FED">
<enum>
301.
</enum>
<header>
Amendments to
the Wagner-Peyser Act
</header>
<text display-inline="no-display-inline">
The
Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) is amended by amending section 15 to
read as follows:
</text>
<quoted-block id="HC5BB9DB113F44670A7A1344534A19A75" style="OLC">
<section id="HC3A3669618C94C07807A152AA672B544">
<enum>
15.
</enum>
<header>
Workforce and
labor market information system
</header>
<subsection id="HF7F7F568C7CA498E9A397070AB326F79">
<enum>
(a)
</enum>
<header>
System
content
</header>
<paragraph id="HB2A53E1515E042E79FC8CD70C9A75D88">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary of Labor, in accordance with the provisions
of this section, shall oversee the development, maintenance, and continuous
improvement of a nationwide workforce and labor market information system that
includes—
</text>
<subparagraph id="H01051CF136594313918958C6127B971D">
<enum>
(A)
</enum>
<text>
statistical data
from cooperative statistical survey and projection programs and data from
administrative reporting systems that, taken together, enumerate, estimate, and
project employment opportunities and conditions at national, State, and local
levels in a timely manner, including statistics on—
</text>
<clause id="H39DC1C3DCE174875859E4127C2594815">
<enum>
(i)
</enum>
<text>
employment and
unemployment status of national, State, and local populations, including
self-employed, part-time, and seasonal workers;
</text>
</clause>
<clause id="H31AD40242D5C4A41BBE16714B5B47ADB">
<enum>
(ii)
</enum>
<text>
industrial
distribution of occupations, as well as current and projected employment
opportunities, wages, benefits (where data is available), and skill trends by
occupation and industry, with particular attention paid to State and local
conditions;
</text>
</clause>
<clause id="H78821A27B2974FC1A30791E7F8BCA814">
<enum>
(iii)
</enum>
<text>
the incidence
of, industrial and geographical location of, and number of workers displaced
by, permanent layoffs and plant closings; and
</text>
</clause>
<clause id="H817B89F3FF7E4256BD52EA4062AF38B2">
<enum>
(iv)
</enum>
<text>
employment and
earnings information maintained in a longitudinal manner to be used for
research and program evaluation;
</text>
</clause>
</subparagraph>
<subparagraph id="HA046EDC82D1D420BA48B97F4F16EAFFF">
<enum>
(B)
</enum>
<text>
information on
State and local employment opportunities, and other appropriate statistical
data related to labor market dynamics, which—
</text>
<clause id="H4B8FD81FAF934046A9A3D569299A2382">
<enum>
(i)
</enum>
<text>
shall be current
and comprehensive;
</text>
</clause>
<clause id="H214B136FA5BA4F0A9741420299346B1C">
<enum>
(ii)
</enum>
<text>
shall meet the
needs identified through the consultations described in subparagraphs (A) and
(B) of subsection (e)(2); and
</text>
</clause>
<clause id="HFBE3F536F0D14DCAA199C19BD835BCD9">
<enum>
(iii)
</enum>
<text>
shall meet the
needs for the information identified in section 121;
</text>
</clause>
</subparagraph>
<subparagraph id="H40311DC0354F4064913240BCB8EF3BF7">
<enum>
(C)
</enum>
<text>
technical
standards (which the Secretary shall publish annually) for data and information
described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/44/35">
chapter 35
</external-xref>
of title 44, United States Code;
</text>
</subparagraph>
<subparagraph id="H934E61826BDD4318A3BC599837C352FF">
<enum>
(D)
</enum>
<text>
procedures to
ensure compatibility and additivity of the data and information described in
subparagraphs (A) and (B) from national, State, and local levels;
</text>
</subparagraph>
<subparagraph id="H6098D4D0B913479EB868F5D775A1D529">
<enum>
(E)
</enum>
<text>
procedures to
support standardization and aggregation of data from administrative reporting
systems described in subparagraph (A) of employment-related programs;
</text>
</subparagraph>
<subparagraph id="HA4976934FB984DB6A8F23A22B5F151E7">
<enum>
(F)
</enum>
<text>
analysis of data
and information described in subparagraphs (A) and (B) for uses such as—
</text>
<clause id="HAD1F1BBEA5984BD4817DB9FCB2869AAA">
<enum>
(i)
</enum>
<text>
national, State,
and local policymaking;
</text>
</clause>
<clause id="H46A8A656864F4EFA84423A6FEAD2920B">
<enum>
(ii)
</enum>
<text>
implementation of
Federal policies (including allocation formulas);
</text>
</clause>
<clause id="H74E6E96791264DF5BE1CDD4662370943">
<enum>
(iii)
</enum>
<text>
program planning
and evaluation; and
</text>
</clause>
<clause id="HA5B2C9E7BAC948169958C37B14C808F4">
<enum>
(iv)
</enum>
<text>
researching labor
market dynamics;
</text>
</clause>
</subparagraph>
<subparagraph id="H378A505DEB394DC38309257A2A09CB6D">
<enum>
(G)
</enum>
<text>
wide dissemination
of such data, information, and analysis in a user-friendly manner and voluntary
technical standards for dissemination mechanisms; and
</text>
</subparagraph>
<subparagraph id="HC4D1A4CB4C2C4AD0A30440DF80008A60">
<enum>
(H)
</enum>
<text>
programs
of—
</text>
<clause id="H29D537B94FF6461081CF5A63021F6E20">
<enum>
(i)
</enum>
<text>
training for
effective data dissemination;
</text>
</clause>
<clause id="H209DB858CA6C4470AF162E5FFDAC84F2">
<enum>
(ii)
</enum>
<text>
research and
demonstration; and
</text>
</clause>
<clause id="H3276366D97F143FAB1FAC9DD13FED35A">
<enum>
(iii)
</enum>
<text>
programs and
technical assistance.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H4A4E3FC514BE43BC99B9B45F9CE5E32C">
<enum>
(2)
</enum>
<header>
Information to
be confidential
</header>
<subparagraph id="H12DE96009A674EE0A8F1D6D5F21B8BD3">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
No officer or employee of the Federal Government or agent
of the Federal Government may—
</text>
<clause id="HBFA6C67781844A6BAD6F8B160E97916D">
<enum>
(i)
</enum>
<text>
use any submission
that is furnished for exclusively statistical purposes under the provisions of
this section for any purpose other than the statistical purposes for which the
submission is furnished;
</text>
</clause>
<clause id="HB868BC8D9D474F7497F8BA39ED1C9404">
<enum>
(ii)
</enum>
<text>
disclose to the
public any publication or media transmittal of the data contained in the
submission described in clause (i) that permits information concerning an
individual subject to be reasonably inferred by either direct or indirect
means; or
</text>
</clause>
<clause id="H3D0E3467F41244C4B37BAE0471185807">
<enum>
(iii)
</enum>
<text>
permit anyone
other than a sworn officer, employee, or agent of any Federal department or
agency, or a contractor (including an employee of a contractor) of such
department or agency, to examine an individual submission described in clause
(i),
</text>
</clause>
<continuation-text continuation-text-level="subparagraph">
without
the consent of the individual, agency, or other person who is the subject of
the submission or provides that submission.
</continuation-text>
</subparagraph>
<subparagraph id="H0DB7EDD7D3734CF2AA28F5D7ADDA8C1C">
<enum>
(B)
</enum>
<header>
Immunity from
legal process
</header>
<text>
Any submission (including any data derived from the
submission) that is collected and retained by a Federal department or agency,
or an officer, employee, agent, or contractor of such a department or agency,
for exclusively statistical purposes under this section shall be immune from
the legal process and shall not, without the consent of the individual, agency,
or other person who is the subject of the submission or provides that
submission, be admitted as evidence or used for any purpose in any action,
suit, or other judicial or administrative proceeding.
</text>
</subparagraph>
<subparagraph id="HE65AED974DB148D4ACDC9EA7D7849CB0">
<enum>
(C)
</enum>
<header>
Rule of
construction
</header>
<text>
Nothing in this section shall be construed to
provide immunity from the legal process for such submission (including any data
derived from the submission) if the submission is in the possession of any
person, agency, or entity other than the Federal Government or an officer,
employee, agent, or contractor of the Federal Government, or if the submission
is independently collected, retained, or produced for purposes other than the
purposes of this Act.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H73DB595E32AF4BD0A4A9590FFA2CBB13">
<enum>
(b)
</enum>
<header>
System
responsibilities
</header>
<paragraph id="HF9BE55E70F864821AAA282E88C4EA223">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The workforce and labor market information system
described in subsection (a) shall be planned, administered, overseen, and
evaluated through a cooperative governance structure involving the Federal
Government and States.
</text>
</paragraph>
<paragraph id="H97B61D08C0924BDA83620054FA1B4556">
<enum>
(2)
</enum>
<header>
Duties
</header>
<text>
The
Secretary, with respect to data collection, analysis, and dissemination of
workforce and labor market information for the system, shall carry out the
following duties:
</text>
<subparagraph id="H4B40854EB85C4F5C94866C466608AF37">
<enum>
(A)
</enum>
<text>
Assign
responsibilities within the Department of Labor for elements of the workforce
and labor market information system described in subsection (a) to ensure that
all statistical and administrative data collected is consistent with
appropriate Bureau of Labor Statistics standards and definitions.
</text>
</subparagraph>
<subparagraph id="HEB2F463A7C664891BFA17EED79DECEB1">
<enum>
(B)
</enum>
<text>
Actively seek the
cooperation of other Federal agencies to establish and maintain mechanisms for
ensuring complementarity and nonduplication in the development and operation of
statistical and administrative data collection activities.
</text>
</subparagraph>
<subparagraph id="H2D229501CCA043118B7C677B70FBCE0D">
<enum>
(C)
</enum>
<text>
Eliminate gaps and
duplication in statistical undertakings, with the systemization of wage surveys
as an early priority.
</text>
</subparagraph>
<subparagraph id="H45E0EED30AC64A348623AC8779345223">
<enum>
(D)
</enum>
<text>
In collaboration
with the Bureau of Labor Statistics and States, develop and maintain the
elements of the workforce and labor market information system described in
subsection (a), including the development of consistent procedures and
definitions for use by the States in collecting the data and information
described in subparagraphs (A) and (B) of subsection (a)(1).
</text>
</subparagraph>
<subparagraph id="H81714624EBF74398BB2EE6774A09E9A2">
<enum>
(E)
</enum>
<text>
Establish
procedures for the system to ensure that—
</text>
<clause id="H265A2047AAD64778BD06532CBF50B3C7">
<enum>
(i)
</enum>
<text>
such data and
information are timely;
</text>
</clause>
<clause id="H1341D2E81081497296C369C2EE5236C9">
<enum>
(ii)
</enum>
<text>
paperwork and
reporting for the system are reduced to a minimum; and
</text>
</clause>
<clause id="H1BC5D98A3409464F95E76FD1A22638FD">
<enum>
(iii)
</enum>
<text>
States and
localities are fully involved in the development and continuous improvement of
the system at all levels.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HC3D09CB375654445B2ECFB45A0A52558">
<enum>
(c)
</enum>
<header>
National
electronic tools To provide services
</header>
<text>
The Secretary is authorized
to assist in the development of national electronic tools that may be used to
facilitate the delivery of work ready services described in section 134(c)(2)
and to provide workforce information to individuals through the one-stop
delivery systems described in section 121 and through other appropriate
delivery systems.
</text>
</subsection>
<subsection id="H4CCB6E74DFFF44348F354FB58C9D787A">
<enum>
(d)
</enum>
<header>
Coordination
with the states
</header>
<paragraph id="H1797B8084FBB4CC08FC0B11ADCD797C8">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary, working through the Bureau of Labor
Statistics and the Employment and Training Administration, shall regularly
consult with representatives of State agencies carrying out workforce
information activities regarding strategies for improving the workforce and
labor market information system.
</text>
</paragraph>
<paragraph id="H274A6C8DA32B490FB78C687470C41B38">
<enum>
(2)
</enum>
<header>
Formal
consultations
</header>
<text>
At least twice each year, the Secretary, working
through the Bureau of Labor Statistics, shall conduct formal consultations
regarding programs carried out by the Bureau of Labor Statistics with
representatives of each of the Federal regions of the Bureau of Labor
Statistics, elected (pursuant to a process established by the Secretary) from
the State directors affiliated with State agencies that perform the duties
described in subsection (e)(2).
</text>
</paragraph>
</subsection>
<subsection id="H68763D77EDA74430865C6BFE8E0D7F14">
<enum>
(e)
</enum>
<header>
State
responsibilities
</header>
<paragraph id="HBFF6EEB05764472EB0872D1C90C21F77">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In order to receive Federal financial assistance under
this section, the Governor of a State shall—
</text>
<subparagraph id="HE093C6B73A224F3698AF8FD51481C8C9">
<enum>
(A)
</enum>
<text>
be responsible for
the management of the portions of the workforce and labor market information
system described in subsection (a) that comprise a statewide workforce and
labor market information system and for the State’s participation in the
development of the annual plan;
</text>
</subparagraph>
<subparagraph id="H20FA51C7F1694CB1AB8764B54E29A7CC">
<enum>
(B)
</enum>
<text>
establish a
process for the oversight of such system;
</text>
</subparagraph>
<subparagraph id="HE804393DE1D64B74A395B225F20E5130">
<enum>
(C)
</enum>
<text>
consult with State
and local employers, participants, and local workforce investment boards about
the labor market relevance of the data to be collected and disseminated through
the statewide workforce and labor market information system;
</text>
</subparagraph>
<subparagraph id="HDE0467A15067498D92C52463D292F308">
<enum>
(D)
</enum>
<text>
consult with State
educational agencies and local educational agencies concerning the provision of
employment statistics in order to meet the needs of secondary school and
postsecondary school students who seek such information;
</text>
</subparagraph>
<subparagraph id="H00BB2E258D134E5AAC254B9E36066422">
<enum>
(E)
</enum>
<text>
collect and
disseminate for the system, on behalf of the State and localities in the State,
the information and data described in subparagraphs (A) and (B) of subsection
(a)(1);
</text>
</subparagraph>
<subparagraph id="HB25B4D067C3441258A00EC000CE1E0D3">
<enum>
(F)
</enum>
<text>
maintain and
continuously improve the statewide workforce and labor market information
system in accordance with this section;
</text>
</subparagraph>
<subparagraph id="H6A937E5C22954511A73FC560701228B1">
<enum>
(G)
</enum>
<text>
perform contract
and grant responsibilities for data collection, analysis, and dissemination for
such system;
</text>
</subparagraph>
<subparagraph id="HE44D95190CCE4E1E90BF5F23180EBCAF">
<enum>
(H)
</enum>
<text>
conduct such other
data collection, analysis, and dissemination activities as will ensure an
effective statewide workforce and labor market information system;
</text>
</subparagraph>
<subparagraph id="H2DBEB11A2F564EFE8480799B02D9C998">
<enum>
(I)
</enum>
<text>
actively seek the
participation of other State and local agencies in data collection, analysis,
and dissemination activities in order to ensure complementarity, compatibility,
and usefulness of data;
</text>
</subparagraph>
<subparagraph id="HBF39D12DD816487FA1A7E64661E16CAD">
<enum>
(J)
</enum>
<text>
participate in the
development of the annual plan described in subsection (c); and
</text>
</subparagraph>
<subparagraph id="H61014CF78CBD4324BBA005B5EFB35117">
<enum>
(K)
</enum>
<text>
utilize the
quarterly records described in section 136(f)(2) to assist the State and other
States in measuring State progress on State performance measures.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5EA42C82143249C8A1AE1F5B67E89EB5">
<enum>
(2)
</enum>
<header>
Rule of
construction
</header>
<text>
Nothing in this section shall be construed as
limiting the ability of a Governor to conduct additional data collection,
analysis, and dissemination activities with State funds or with Federal funds
from sources other than this section.
</text>
</paragraph>
</subsection>
<subsection id="HC2F37D63073C4C93AB19897D2899B443">
<enum>
(f)
</enum>
<header>
Nonduplication
requirement
</header>
<text>
None of the functions and activities carried out
pursuant to this section shall duplicate the functions and activities carried
out under the Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.).
</text>
</subsection>
<subsection id="HE4A32C6D109D48BBA402454E5C4CCF8B">
<enum>
(g)
</enum>
<header>
Authorization of
appropriations
</header>
<text>
There are authorized to be appropriated to carry
out this section $63,473,000 for fiscal year 2014 and each of the 6 succeeding
fiscal years.
</text>
</subsection>
<subsection id="H868707508FEB4F39AC49F1102732F318">
<enum>
(h)
</enum>
<header>
Definition
</header>
<text>
In
this section, the term
<term>
local area
</term>
means the smallest geographical
area for which data can be produced with statistical
reliability.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</title>
<title id="HE0DFA8952FB44C9097F968182895081E">
<enum>
IV
</enum>
<header>
REPEALS AND
CONFORMING AMENDMENTS
</header>
<section id="H612DAE03B58E4478B494CB1093D30E14">
<enum>
401.
</enum>
<header>
Repeals
</header>
<text display-inline="no-display-inline">
The following provisions are
repealed:
</text>
<paragraph id="HFA275E27E40040B791CDE5CFCDA96BAE">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
Chapter 4 of subtitle B of title I, and
sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503,
and 506 of the Workforce Investment Act of 1998.
</text>
</paragraph>
<paragraph id="HB275A58EBEB440A3AEEF2AD18B1FA299">
<enum>
(2)
</enum>
<text>
Title V of the
Older Americans Act of 1965.
</text>
</paragraph>
<paragraph id="H5DE13F6ACD6F4CB2BA3C996F2AE6AB1C">
<enum>
(3)
</enum>
<text>
Sections 1 through
14 of the Wagner-Peyser Act.
</text>
</paragraph>
<paragraph id="H9F8324663F0649E9BF64D96E8561C31D">
<enum>
(4)
</enum>
<text>
Youth Conservation
Corps Act of 1970 (
<external-xref legal-doc="usc" parsable-cite="usc/16/1701">
16 U.S.C. 1701 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="H939D5D8011D746F89F577B1441168D46">
<enum>
(5)
</enum>
<text>
Section 821 of the
Higher Education Amendments of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1151">
20 U.S.C. 1151
</external-xref>
) (Grants to States for
workplace and community transition training for incarcerated
individuals).
</text>
</paragraph>
<paragraph id="H28049C1B34004FA5A0E49A6D9B1E1218">
<enum>
(6)
</enum>
<text>
The Women in
Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et
seq.).
</text>
</paragraph>
<paragraph id="HA2C8E16FBE3F4E15B33CA20803AAE85D">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
Sections
<external-xref legal-doc="usc" parsable-cite="usc/38/4103A">
4103A
</external-xref>
and
<external-xref legal-doc="usc" parsable-cite="usc/4104/4103A">
4104
</external-xref>
of title 38, United
States Code.
</text>
</paragraph>
</section>
<section id="H60AD8205C0974EFFAB732A3D5A9D5ED4">
<enum>
402.
</enum>
<header>
Amendment to
the Comprehensive Environmental Response, Compensation, and Liability Act of
1980
</header>
<text display-inline="no-display-inline">
Section 104(k)(6) of the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(
<external-xref legal-doc="usc" parsable-cite="usc/42/9604">
42 U.S.C. 9604
</external-xref>
) is amended by striking
<quote>
, training,
</quote>
.
</text>
</section>
<section id="H9D1E36305D5B4BC89D0588A8DA29A4F2" section-type="subsequent-section">
<enum>
403.
</enum>
<header>
Amendments to the
Food and Nutrition Act of 2008
</header>
<subsection id="H54BBC2DFBAE24D09A3A67C7B9AB589DD">
<enum>
(a)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
Section 3(t) of the Food and Nutrition Act
of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2012">
7 U.S.C. 2012(t)
</external-xref>
) is amended—
</text>
<paragraph id="H3003FAFD75A645C8B398F3427759BF9C">
<enum>
(1)
</enum>
<text>
by striking
<quote>
and (2)
</quote>
and inserting
<quote>
(2)
</quote>
, and
</text>
</paragraph>
<paragraph id="HAF54329DA9564488B519040104BF9608">
<enum>
(2)
</enum>
<text>
by inserting
before the period at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB0B0281B858A45FEB745E9C856EBBBB1" style="traditional">
<quoted-block-continuation-text quoted-block-continuation-text-level="section">
, and (3)
when referencing employment and training activities under section 6(d)(4), a
State board as defined in section 101 of the Workforce Investment Act of 1998
(29 U.S.C.
2801)
</quoted-block-continuation-text>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HD83588759D5142809DEA5DD0C992DAD8">
<enum>
(b)
</enum>
<header>
Eligible
households
</header>
<text display-inline="yes-display-inline">
Section 5 of the
Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2014">
7 U.S.C. 2014
</external-xref>
) is amended—
</text>
<paragraph id="H40034BB9A686415284356941EBB9762E">
<enum>
(1)
</enum>
<text>
in subsection
(d)(14) by striking
<quote>
section 6(d)(4)(I)
</quote>
and inserting
<quote>
section 6(d)(4)(C)
</quote>
, and
</text>
</paragraph>
<paragraph id="H369CBC8321AF43F5B93D69B914AA8512">
<enum>
(2)
</enum>
<text>
in subsection
(g)(3) by striking
<quote>
constitutes adequate participation in an employment
and training program under section 6(d)
</quote>
and inserting
<quote>
allows the
individual to participate in employment and training activities under section
6(d)(4)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H94FF07A236FC4827AE38F54962407906">
<enum>
(c)
</enum>
<header>
Eligibility
disqualifications
</header>
<text>
Section 6(d)(4) of the Food and Nutrition Act
of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2015">
7 U.S.C. 2015(d)(4)
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HCEEA06967A9645F98FE982238E9A06BD" style="OLC">
<paragraph id="HB7D020705A40447DBBC85268A2BB5D4F">
<enum>
(4)
</enum>
<header>
Employment and
training
</header>
<subparagraph id="HF61CA6F1E4AB42C4BA5C900C8AF6AC6A">
<enum>
(A)
</enum>
<header>
Implementation
</header>
<text display-inline="yes-display-inline">
Each State agency shall provide employment
and training services authorized under section 134 of the Workforce Investment
Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864
</external-xref>
) to eligible members of households participating in
the supplemental nutrition assistance program in gaining skills, training,
work, or experience that will increase their ability to obtain regular
employment.
</text>
</subparagraph>
<subparagraph id="H9C8A9374F86A48429FB4879ABC133E28">
<enum>
(B)
</enum>
<header>
Statewide
workforce development system
</header>
<text display-inline="yes-display-inline">
Consistent with subparagraph (A),
employment and training services shall be provided through the statewide
workforce development system, including the One-Stop delivery system,
authorized by the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.).
</text>
</subparagraph>
<subparagraph id="H92E40078B505407EA2045E302C44A427">
<enum>
(C)
</enum>
<header>
Reimbursements
</header>
<clause id="HD87C686CC97B4E08809DEEF41BC9F787">
<enum>
(i)
</enum>
<header>
Actual
costs
</header>
<text>
The State agency shall provide payments or reimbursement to
participants served under this paragraph for—
</text>
<subclause id="H5A5C2E79F7A84411AB74DD94A1CFCD16">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
the actual costs of transportation and
other actual costs (other than dependent care costs) that are reasonably
necessary and directly related to the individual participating in employment
and training activities; and
</text>
</subclause>
<subclause id="H4A9DB68454534922984BE16293936A16">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
the actual costs of such dependent care
expenses that are determined by the State agency to be necessary for the
individual to participate in employment and training activities (other than an
individual who is the caretaker relative of a dependent in a family receiving
benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) in a local area where an employment, training, or education program under
title IV of such Act is in operation), except that no such payment or
reimbursement shall exceed the applicable local market rate.
</text>
</subclause>
</clause>
<clause id="HEA72E211B8E3472F88A9B3036B1692E1">
<enum>
(ii)
</enum>
<header>
Service
contracts and vouchers
</header>
<text display-inline="yes-display-inline">
In
lieu of providing reimbursements or payments for dependent care expenses under
clause (i), a State agency may, at its option, arrange for dependent care
through providers by the use of purchase of service contracts or vouchers or by
providing vouchers to the household.
</text>
</clause>
<clause id="H0DD2693B3B4C46BBB77B171B93D69C08">
<enum>
(iii)
</enum>
<header>
Value of
reimbursements
</header>
<text>
The value of any dependent care services provided
for or arranged under clause (ii), or any amount received as a payment or
reimbursement under clause (i), shall—
</text>
<subclause id="H8693CBC754E247C88D04DC45CFBE0EAB">
<enum>
(I)
</enum>
<text>
not be treated as
income for the purposes of any other Federal or federally assisted program that
bases eligibility for, or the amount of benefits on, need; and
</text>
</subclause>
<subclause id="H07A29F02AF52438B8604998ABC9E6BBE">
<enum>
(II)
</enum>
<text>
not be claimed as
an employment-related expense for the purposes of the credit provided under
<external-xref legal-doc="usc" parsable-cite="usc/26/21">
section 21
</external-xref>
of the Internal Revenue Code of 1986 (26 U.S.C.
21).
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H28A0D0E530FC47F4AC9E9EAD9FF89BE3">
<enum>
(d)
</enum>
<header>
Administration
</header>
<text>
Section
11(e)(19) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2020">
7 U.S.C. 2020(e)(11)
</external-xref>
is
amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HE2E696D339894760B50E8C949145F884" style="traditional">
<paragraph id="HE499337CBDDE437F97C3389EC876A3F5">
<enum>
(19)
</enum>
<text display-inline="yes-display-inline">
the plans of the State agency for providing
employment and training services under section
6(d)(4);
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HEE71AA6BC4B2491D9F78A5281894D7FF">
<enum>
(e)
</enum>
<header>
Administrative
cost-Sharing and quality control
</header>
<text>
Section 16(h) of the Food and
Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2025">
7 U.S.C. 2025
</external-xref>
) is amended—
</text>
<paragraph id="H54E1D6E1DBB148FFA8E68D4B3759559C">
<enum>
(1)
</enum>
<text>
in paragraph
(1)—
</text>
<subparagraph id="H52B3E21869C64071BF1AB497DB458FE9">
<enum>
(A)
</enum>
<text>
in subparagraph
(A) by striking
<quote>
carry out employment and training programs
</quote>
and
inserting
<quote>
provide employment and training services to eligible
households under section 6(d)(4)
</quote>
, and
</text>
</subparagraph>
<subparagraph id="H79B173A6147F41FA86C06F2D8C6CE383">
<enum>
(B)
</enum>
<text>
in subparagraph
(D) by striking
<quote>
operating an employment and training program
</quote>
and
inserting
<quote>
providing employment and training services consistent with
section 6(d)(4)
</quote>
,
</text>
</subparagraph>
</paragraph>
<paragraph id="H1FBF33B8B6F147B89BA77DDDB25399F5">
<enum>
(2)
</enum>
<text>
in paragraph (3)
by striking
<quote>
related to participation in an employment and training
program
</quote>
and inserting
<quote>
the individual participating in employment
and training activities
</quote>
,
</text>
</paragraph>
<paragraph id="H4D6CFCD955AA4340ABD72CC0502A991F">
<enum>
(3)
</enum>
<text>
in paragraph (4)
by striking
<quote>
for operating an employment and training program
</quote>
and
inserting
<quote>
to provide employment and training services
</quote>
,
and
</text>
</paragraph>
<paragraph id="H90C998F2FBC147E5AA43AD8CC43AA4D0">
<enum>
(4)
</enum>
<text>
by amending
paragraph (5) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H155231A69B0F4FB5B2CC42C81E6FF360" style="OLC">
<paragraph id="HEB99566E7DD34C38AC8BE3BF74298A83">
<enum>
(5)
</enum>
<header>
Monitoring
</header>
<text display-inline="yes-display-inline">
The Secretary, in conjunction with the
Secretary of Labor, shall monitor each State agency responsible for
administering employment and training services under section 6(d)(4) to ensure
funds are being spent effectively and efficiently. Each program of employment
and training receiving funds under section 6(d)(4) shall be subject to the
requirements of the performance accountability system, including having to meet
the state performance measures included in section 136 of the Workforce
Investment Act (29 U.S.C.
2871).
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H6FE249C6623F4D10BBAE49A2F97038D2">
<enum>
(f)
</enum>
<header>
Research,
demonstration, and evaluations
</header>
<text>
Section 17 of the Food and
Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2026">
7 U.S.C. 2026
</external-xref>
) is amended—
</text>
<paragraph id="HF83AF632531E48C3A97C80264ABE148E">
<enum>
(1)
</enum>
<text>
in subsection (b)
by striking paragraph (3), and
</text>
</paragraph>
<paragraph id="HEEB715FDD09B48418206AEA3579BA6DE">
<enum>
(2)
</enum>
<text>
in subsection
(g)—
</text>
<subparagraph id="H19F52680CA904DA090215CA3025A6DC5">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
, in conjunction with the Secretary of Labor,
</quote>
after
<quote>
Secretary
</quote>
, and
</text>
</subparagraph>
<subparagraph id="H5CA1D10B99E1478F904B8E88A9169520">
<enum>
(B)
</enum>
<text>
by striking
<quote>
programs established
</quote>
and inserting
<quote>
activities provided to
eligible households
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HC21AEC3217B94469B35743AE55FB0308">
<enum>
(g)
</enum>
<header>
Minnesota family
investment project
</header>
<text>
Section 22(b)(4) of the Food and Nutrition Act
of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2031">
7 U.S.C. 2031(b)(4)
</external-xref>
) is amended by striking
<quote>
equivalent to those
offered under the employment and training program
</quote>
.
</text>
</subsection>
</section>
<section id="HCB457FE9338647A8AD4247761F28609F">
<enum>
404.
</enum>
<header>
Amendments to
section 412 of the Immigration and Nationality Act
</header>
<subsection id="HABE138818C56444E8748B597EF1C2F5C">
<enum>
(a)
</enum>
<header>
Conditions and
considerations
</header>
<text display-inline="yes-display-inline">
Section 412(a)
of the Immigration and Nationality Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1522">
8 U.S.C. 1522(a)
</external-xref>
) is amended—
</text>
<paragraph id="H1B1924D2FA0145D2A49618E6F35A561A">
<enum>
(1)
</enum>
<text>
in paragraph
(1)—
</text>
<subparagraph id="HCB6EC861F9FE4AB2A5B33FE0890FA1CB">
<enum>
(A)
</enum>
<text>
in subparagraph
(A)(i), by striking
<quote>
make available sufficient resources for employment
training and placement
</quote>
and inserting
<quote>
provide refugees with the
opportunity to access employment and training services, including job
placement,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H450E9374CEDF42FA8908B9DAFDFDDF6D">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (B)(ii), by striking
<quote>
services;
</quote>
and inserting
<quote>
services provided through the
Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
);
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HD2808D7D97EE4600ABA0DE0DDD9563EC">
<enum>
(2)
</enum>
<text>
in paragraph
(2)(C)(iii)(II), by inserting
<quote>
and training
</quote>
after
<quote>
employment
</quote>
;
</text>
</paragraph>
<paragraph id="H30B5DB357D7B4A08956529E26212D6EC">
<enum>
(3)
</enum>
<text>
in paragraph
(6)(A)—
</text>
<subparagraph id="H517FACAF09554B8C949A0FA43DF17FA1">
<enum>
(A)
</enum>
<text>
in clause
(ii)—
</text>
<clause id="H70A3CCA0B87D476AB1D83FCBCB545575">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
insure
</quote>
and inserting
<quote>
ensure
</quote>
;
</text>
</clause>
<clause id="H967B31FD451B4114AA1716EC17357DC7">
<enum>
(ii)
</enum>
<text>
by
inserting
<quote>
and training
</quote>
after
<quote>
employment
</quote>
;
and
</text>
</clause>
<clause id="HCA1D7B729448446FB293B18F27CFB47F">
<enum>
(iii)
</enum>
<text>
by
striking
<quote>
assistance,
</quote>
and inserting
<quote>
assistance through the
one-stop delivery system under section 121 of the Workforce Investment Act of
1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
),
</quote>
; and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H7F561A6BA0E64623BDE40096F4EF3D47">
<enum>
(4)
</enum>
<text>
in paragraph (9),
by inserting
<quote>
the Secretary of Labor,
</quote>
after
<quote>
Education,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H7A00EDFEC6414AF790A969158B6DB33F">
<enum>
(b)
</enum>
<header>
Program of
initial resettlement
</header>
<text>
Section 412(b)(2) of such Act (8 U.S.C.
1522(b)(2)) is amended—
</text>
<paragraph id="H7B0A30E107AC4EB2811C980B74106517">
<enum>
(1)
</enum>
<text>
by striking
<quote>
:orientation, instruction
</quote>
and inserting
<quote>
orientation and
instruction
</quote>
; and
</text>
</paragraph>
<paragraph id="HFA669208C83747D7B7EC6E515954180E">
<enum>
(2)
</enum>
<text>
by striking
<quote>
, and job training for refugees, and such other education and training
of refugees, as facilitates
</quote>
and inserting
<quote>
for refugees to
facilitate
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H233A27CCAA124F6BA9A7C030C793E518">
<enum>
(c)
</enum>
<header>
Project grants
and contracts for services for refugees
</header>
<text>
Section 412(c) of such
Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1522">
8 U.S.C. 1522(c)
</external-xref>
) is amended—
</text>
<paragraph id="HB6BEB6DC8C76455385C6C22D5AA0620F">
<enum>
(1)
</enum>
<text>
in paragraph
(1)—
</text>
<subparagraph id="HB1FDA7FC23884F268A7A6910D7728BA6">
<enum>
(A)
</enum>
<text>
in subparagraph
(A)(i), by inserting
<quote>
and training
</quote>
after
<quote>
employment
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H8F72C6157D6045AD91BAB33F3CC3636D">
<enum>
(B)
</enum>
<text>
by striking
subparagraph (C);
</text>
</subparagraph>
</paragraph>
<paragraph id="H283274D3E2964FFCA34FCC1AC05B02BE">
<enum>
(2)
</enum>
<text>
in paragraph
(2)(B), by striking
<quote>
paragraph—
</quote>
through
<quote>
in a
manner
</quote>
and inserting
<quote>
paragraph in a manner
</quote>
; and
</text>
</paragraph>
<paragraph id="H81AC7CE9B3C84F5EBADADB6E97177109">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC044740B4EC74A7AB4942605DCC4F3BF" style="traditional">
<paragraph id="H276F0D84BA2A4FA0A4BB6859CDFBD63E" indent="up1">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
In carrying out this section, the Director
shall ensure that employment and training services are provided through the
statewide workforce development system, as appropriate, authorized by the
Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
). Such action may
include—
</text>
<subparagraph id="HD3A7D50F9C73437A8F2167EA520BCA3F">
<enum>
(A)
</enum>
<text>
making employment and training
services as described under section 134 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864
</external-xref>
) available
to refugees; and
</text>
</subparagraph>
<subparagraph id="H628CF1F955D843CCA416A63721F3E126">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
providing refugees with access to a
one-stop delivery system under section 121 of such Act (29 U.S.C.
2841).
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HFCE2DAD8AFC64CA085D614C5628ABB5E">
<enum>
(d)
</enum>
<header>
Cash assistance
and medical assistance to refugees
</header>
<text>
Section 412(e) of such Act (8
U.S.C. 1522(e)) is amended—
</text>
<paragraph id="H777F768BAF8C47FD9F8E4158B56A9428">
<enum>
(1)
</enum>
<text>
in paragraph
(2)(A)(i), by inserting
<quote>
and training
</quote>
after
<quote>
providing
employment
</quote>
; and
</text>
</paragraph>
<paragraph id="H2BCDC0D7A5B54A079B75E728EBAF4C01">
<enum>
(2)
</enum>
<text>
in paragraph (3),
by striking
<quote>
The
</quote>
and inserting
<quote>
Consistent with subsection
(c)(3), the
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section commented="no" id="H6BF89344136E4ED486CB30681F69EC24">
<enum>
405.
</enum>
<header>
Amendments
relating to the Second Chance Act of 2007
</header>
<subsection id="HB7F47DD96452412BA439277E7F318C80">
<enum>
(a)
</enum>
<header>
Federal Prisoner
Reentry Initiative
</header>
<text display-inline="yes-display-inline">
Section
231 of the Second Chance Act of 2007 (
<external-xref legal-doc="usc" parsable-cite="usc/42/17541">
42 U.S.C. 17541
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="H3413E4D62A0644ED8B6D81EA3C70A737">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (a)(1)(E)—
</text>
<subparagraph commented="no" id="HC620CD69B776440EA45DD7F7DDDAD046">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
the Department of Labor and
</quote>
before
<quote>
other Federal
agencies
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H9527C88CBAFE437BA93BE02F3F32908E">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
State and local workforce investment boards,
</quote>
after
<quote>
community-based organizations,
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H1CA98F464BC94F56BA9E2C2F08E98AE9">
<enum>
(2)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph commented="no" id="H85C001DE7DC34DEEA3936478DBF16761">
<enum>
(A)
</enum>
<text>
in paragraph (2),
by striking at the end
<quote>
and
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="H2F7A417FCC6F468592CCD14199A6D3C8">
<enum>
(B)
</enum>
<text>
in paragraph (3),
by striking at the end the period and inserting
<quote>
; and
</quote>
;
and
</text>
</subparagraph>
<subparagraph commented="no" id="H658D1A25AF0F412EA7B78DAEBBF7C63C">
<enum>
(C)
</enum>
<text>
by adding at the
end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HC6CEC86971C1489CA070E2D8C56A46A4" style="OLC">
<paragraph commented="no" id="H2E0696CC1F894274B5F84A9408F3923A">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
to coordinate reentry programs with the
employment and training services provided through the statewide workforce
investment system under subtitle B of title I of the Workforce Investment Act
of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
).
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H01A31332534244D38AD609F7C481D14A">
<enum>
(3)
</enum>
<text>
in subsection (d),
by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HC0A8015054B64DB5B68CE654CAD332F6" style="OLC">
<paragraph commented="no" id="HE8B852053ADC4239BC7C4172D0E250C6">
<enum>
(6)
</enum>
<header>
Interaction with
the workforce investment system
</header>
<subparagraph commented="no" id="HEF1199B6C2E34C84A415C84AF924BE7B">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
In carrying out this
section, the Director shall ensure that employment and training services,
including such employment and services offered through reentry programs, are
provided, as appropriate, through the statewide workforce investment system
under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C.
2811 et seq.). Such action may include—
</text>
<clause commented="no" id="H130CE957288F4E8FAF4DDA57E70390BF">
<enum>
(i)
</enum>
<text>
making employment
and training services available to prisoners prior to and immediately following
the release of such prisoners; or
</text>
</clause>
<clause commented="no" id="HC73ED971B3B14A5BB44CBDAEB6BF9723">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
providing prisoners with access by remote
means to a one-stop delivery system under section 121 of the Workforce
Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
) in the State in which the prison
involved is located.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="HC7F6B35EAC3A4C468955E31B47B2E1EA">
<enum>
(B)
</enum>
<header>
Service
defined
</header>
<text display-inline="yes-display-inline">
In this paragraph,
the term
<term>
employment and training services
</term>
means those services
described in section 134 of the Workforce Investment Act of 1998 (29 U.S.C.
2864) offered by the Bureau of Prisons, including—
</text>
<clause commented="no" id="HED151D03302141209188AAAED5B77A1C">
<enum>
(i)
</enum>
<text>
the skills
assessment described in subsection (a)(1)(A);
</text>
</clause>
<clause commented="no" id="HFA628397FA494664B605CCCF3BCF9F1D">
<enum>
(ii)
</enum>
<text>
the skills
development plan described in subsection (a)(1)(B); and
</text>
</clause>
<clause commented="no" id="H039AE382392F4932A1D60BFFEA80B921">
<enum>
(iii)
</enum>
<text>
the enhancement,
development, and implementation of reentry and skills development
programs.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" id="H6D92BA28983C43BEAABCA1A899124508">
<enum>
(b)
</enum>
<header>
Duties of the
Bureau of Prisons
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/18/4042">
Section 4042(a)(5)(E)
</external-xref>
of title 18, United
States Code, is amended—
</text>
<paragraph commented="no" id="HF49DC507F8914274945ABF0A39DA4FF2">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in clause (ii), by striking
<quote>
Employment
</quote>
and inserting
<quote>
Employment and training services
(as defined in paragraph (6) of section 231(d) of the Second Chance Act of
2007), including basic skills attainment, consistent with such
paragraph
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="HE119D4E941D94392936060CE350DDD1B">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by striking clause (iii); and
</text>
</paragraph>
<paragraph commented="no" id="H35DCCA75FC024630B72D0672DBDFF750">
<enum>
(3)
</enum>
<text>
by redesignating
clauses (iv), (v), (vi), and (vii) as clauses (iii), (iv), (v), and (vi),
respectively.
</text>
</paragraph>
</subsection>
</section>
<section id="H0E6A635050414F87AA3344B76C66FFF8">
<enum>
406.
</enum>
<header>
Amendments to
the Omnibus Crime Control and Safe Streets Act of 1968
</header>
<text display-inline="no-display-inline">
Section 2976 of the Omnibus Crime Control
and Safe Streets Act of 1968 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3797w">
42 U.S.C. 3797w
</external-xref>
) is amended—
</text>
<paragraph id="HA39805B1EAC64704B29FCB5A41BD1BA1">
<enum>
(1)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H3DA12376EFBF4707A95B4976E56F2041">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and technical
education (as defined in section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2302">
20 U.S.C. 2302
</external-xref>
)) and training
</quote>
;
</text>
</subparagraph>
<subparagraph id="H19951E542C9844F1BA6762EEC42386D9">
<enum>
(B)
</enum>
<text>
by redesignating
each of paragraphs (4) through (7) as paragraphs (5) through (8), respectively;
and
</text>
</subparagraph>
<subparagraph id="H72FCB4CE969D4BC794DD71721AC51D0A">
<enum>
(C)
</enum>
<text>
by inserting after
paragraph (3) the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HF8B24044FBB14448827DF4873AD4D03C" style="OLC">
<paragraph id="H5E7C3968B4484FC38BE536B5A846CB10">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
coordinating employment and training
services provided through the statewide workforce investment system under
subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811
et seq.), including a one-stop delivery system under section 121 of such Act
(
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
), for offenders upon release from prison, jail, or a juvenile
facility, as
appropriate;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H60B74A702F5344A7B07771F6DCD78F73">
<enum>
(2)
</enum>
<text>
in subsection
(d)(2), by inserting
<quote>
, including local workforce investment boards
established under section 117 of the Workforce Investment Act of 1998 (29
U.S.C. 2832),
</quote>
after
<quote>
nonprofit organizations
</quote>
;
</text>
</paragraph>
<paragraph id="H787AC1BB3A9042519C0771C729DE40D0">
<enum>
(3)
</enum>
<text>
in subsection
(e)—
</text>
<subparagraph id="H93070D7D2C3C425492505DF25A349486">
<enum>
(A)
</enum>
<text>
in paragraph (3),
by striking
<quote>
victim services, and employment services
</quote>
and
inserting
<quote>
and victim services
</quote>
;
</text>
</subparagraph>
<subparagraph id="H893C06F234014ED2B6A831360935A353">
<enum>
(B)
</enum>
<text>
by redesignating
paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
</text>
</subparagraph>
<subparagraph id="H3B62C9219F7043FDB2D81214A11459A6">
<enum>
(C)
</enum>
<text>
by inserting after
paragraph (3) the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H080F24E49DAE45D7A697DF875096F384" style="OLC">
<paragraph id="H9CB52D179C20426489D162815528E21D">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
provides employment and training services
through the statewide workforce investment system under subtitle B of title I
of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
), including a
one-stop delivery system under section 121 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
);
and
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H5D3A9F1C40D847038D8577DC97DA4D0C">
<enum>
(4)
</enum>
<text>
in subsection
(k)—
</text>
<subparagraph id="H41FADE706B3947F4BD6DD498CFB96962">
<enum>
(A)
</enum>
<text>
in paragraph
(1)(A), by inserting
<quote>
, in accordance with paragraph (2)
</quote>
after
<quote>
under this section
</quote>
;
</text>
</subparagraph>
<subparagraph id="H67CFAC6E21FD4CECAEFC6C0FB5F8DE22">
<enum>
(B)
</enum>
<text>
by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
</text>
</subparagraph>
<subparagraph id="H40AA4A4CE9BD49FFB462E55A6F13E32B">
<enum>
(C)
</enum>
<text>
by inserting after
paragraph (1) the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H8037D2BB1FD24135A68E2C986A044063" style="OLC">
<paragraph id="HE87E887633564E919FE09811EE4B4DFE">
<enum>
(2)
</enum>
<header>
Employment and
training
</header>
<text display-inline="yes-display-inline">
The Attorney General
shall require each grantee under this section to measure the core indicators of
performance as described in section 136(b)(2)(A) of the Workforce Investment
Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2871">
29 U.S.C. 2871(b)(2)(A)
</external-xref>
) with respect to the program of such
grantee funded with a grant under this
section.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section id="H781D4AC96D5747C3B00E559A0375B23F">
<enum>
407.
</enum>
<header>
H–1B
nonimmigrant petitioner account
</header>
<text display-inline="no-display-inline">
Section 286(s) of the Immigration and
Nationality Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1356">
8 U.S.C. 1356(s)
</external-xref>
) is amended—
</text>
<paragraph id="H07EF2D080A7C4915B5D488C85691B2AF">
<enum>
(1)
</enum>
<text>
by striking
paragraph (2);
</text>
</paragraph>
<paragraph id="HBC5958AEF7C34AB38DB195AA9990702B">
<enum>
(2)
</enum>
<text>
by redesignating
paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
</text>
</paragraph>
<paragraph id="H7B9502C43B5D4614BA525E16200C45C5">
<enum>
(3)
</enum>
<text>
in paragraph (2)
(as so redesignated), by striking
<quote>
30 percent
</quote>
and inserting
<quote>
50 percent
</quote>
;
</text>
</paragraph>
<paragraph id="HDECF51F756DC4B4BAE27DCD761EC07DD">
<enum>
(4)
</enum>
<text>
in paragraph
(3)(A) (as so redesignated), by striking
<quote>
10 percent
</quote>
and
inserting
<quote>
25 percent
</quote>
;
</text>
</paragraph>
<paragraph id="HB0A76651FE1C4B878B89A11708FB2B5E">
<enum>
(5)
</enum>
<text>
by inserting after
paragraph (3) (as so redesignated) the following:
</text>
<quoted-block id="HDD2375E55A5949F1A9506B6E279428AF" style="OLC">
<paragraph id="HCD6BCA4794D442898B2B55FEDB1B1196">
<enum>
(4)
</enum>
<header>
Use of fees for
gifted and talented student grant programs
</header>
<subparagraph id="H61AFF9C0A79F4E61BC411D94FB723F8C">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
15 percent of the amounts deposited into the H–1B
Nonimmigrant Petitioner Account shall be transferred to the Department of
Education to remain available until expended to make grants to States, local
educational agencies, and institutions of higher education to carry out
activities that build the capacity of elementary schools and secondary schools
to meet the academic needs of gifted and talented students.
</text>
</subparagraph>
<subparagraph id="H3DD914E3C1AA4EE7B0E67F29A6398000">
<enum>
(B)
</enum>
<header>
Application
</header>
<text>
To
be eligible for a grant under this paragraph, a State, local educational
agency, or institution of higher education shall submit an application to the
Secretary of Education at such time and in such manner as the Secretary of
Education shall require. Such application shall describe how the State, local
educational agency, or institution of higher education will—
</text>
<clause id="H4B0D14D845A746B1B13C66CB37D4EE4C">
<enum>
(i)
</enum>
<text>
use funds received
under this paragraph to meet the needs of gifted and talented students;
and
</text>
</clause>
<clause id="H16AE2503558C489EB0BEF8A23F292CDC">
<enum>
(ii)
</enum>
<text>
coordinate funds
received under this paragraph with funds received under other Federal education
laws.
</text>
</clause>
</subparagraph>
<subparagraph id="HBC9AD830534B42FB97C8A6DEE6FFB9D2">
<enum>
(C)
</enum>
<header>
Definitions
</header>
<text>
For
the purpose of this paragraph—
</text>
<clause id="H22F13E58422C4082B12F9DB7CA082DA5">
<enum>
(i)
</enum>
<text>
the terms
<term>
State
</term>
,
<term>
local educational agency
</term>
,
<term>
elementary
school
</term>
, and
<term>
secondary school
</term>
have the meanings given such
terms in section 9101 of the Elementary and Secondary Education Act of 1965;
and
</text>
</clause>
<clause id="HF5975A88655E408C8D3A1F6AB4C3D1FF">
<enum>
(ii)
</enum>
<text>
the term
<term>
institution of higher education
</term>
has the meaning given such term in
section 102(a) of the Higher Education Act of
1965.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H74D9C0F268204C189778376375208214">
<enum>
(6)
</enum>
<text>
in paragraph
(6)—
</text>
<subparagraph id="HD84FFC0A6B2A4BC28CA24D109668ABBF">
<enum>
(A)
</enum>
<text>
by striking
<quote>
For fiscal year 1999,
</quote>
and all that follows through
<quote>
Beginning with fiscal year 2000, 5 percent
</quote>
and inserting
<quote>
5 percent
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HCE4137D731644A7BB658DEFFEFC93EB6">
<enum>
(B)
</enum>
<text>
in the last
sentence, by striking the period at the end and inserting
<quote>
and for
carrying out the Secretary’s responsibilities under section
212(n)(2).
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H42A1363BBA9C452FB871002141F30F2D">
<enum>
408.
</enum>
<header>
Conforming
amendments to the United States Code
</header>
<text display-inline="no-display-inline">
Title 38, United States Code, is
amended—
</text>
<paragraph id="H6C1E485F471F4F288D75D252B1B1BEDD">
<enum>
(1)
</enum>
<text>
by striking the
item relating to section 4103A and section 4104 in the table of sections at the
beginning of chapter 41 of such title;
</text>
</paragraph>
<paragraph id="H248B786BE26D435A9307365EDA81657B">
<enum>
(2)
</enum>
<text>
in section
4102A—
</text>
<subparagraph id="H2E70BB369D124E528C08BCD5A185FF8F">
<enum>
(A)
</enum>
<text>
in subsection
(b)—
</text>
<clause id="HC8FD01C7677945DC9998ADC7DF9B3AD7">
<enum>
(i)
</enum>
<text>
by
striking paragraphs (5), (6), and (7);
</text>
</clause>
<clause id="H4D528F513B04462CAFDA6720DDE9E9E3">
<enum>
(ii)
</enum>
<text>
by
redesignating paragraph (8) as paragraph (5);
</text>
</clause>
</subparagraph>
<subparagraph id="H4C9EEAE8A05C440195B08719F5BE6269">
<enum>
(B)
</enum>
<text>
by striking
subsections (c) and (h);
</text>
</subparagraph>
<subparagraph id="H63A2039AD0444023B318A4820D8FFE02">
<enum>
(C)
</enum>
<text>
by redesignating
subsection (d), (e), (f), and (g) as subsection (c), (d), (e), and (f);
</text>
</subparagraph>
<subparagraph id="HD6D370DB1D0943579BFFB0FBBA432C3F">
<enum>
(D)
</enum>
<text>
in subsection
(e)(1) (as so redesignated)—
</text>
<clause id="HE43C0DEBA8A648249FAFB8E1FCFAD38C">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
, including disabled veterans’ outreach program specialists and
local veterans' employment representatives providing employment, training, and
placement services under this chapter in a State
</quote>
; and
</text>
</clause>
<clause id="H47E887016BF941D6AC9E40AA5571BE83">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
for purposes of subsection (c)
</quote>
.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H1EB8F7308A2E471E8E2EE906A7CB0FD5">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in section 4109(a), by striking
<quote>
disabled veterans’ outreach program specialists, local veterans’
employment representatives
</quote>
and inserting
<quote>
veteran employment
specialists appointed under section 134(f) of the Workforce Investment Act of
1998
</quote>
;
</text>
</paragraph>
<paragraph id="H572A5B9931A84276B72010A75C7B0609">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
in section 4109(d)(1), by striking
<quote>
disabled veterans’ outreach program specialists and local veterans’
employment representatives
</quote>
and inserting
<quote>
veteran employment
specialists appointed under section 134(f) of the Workforce Investment Act of
1998
</quote>
;
</text>
</paragraph>
<paragraph id="H509313F4F36A469CAB467ECEEC853CFC">
<enum>
(5)
</enum>
<text>
in section
4112(d)—
</text>
<subparagraph id="H8762EAB59D184C72AAA034EC0FD9BF6C">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by striking
<quote>
disabled veterans’ outreach program specialist
</quote>
and
inserting
<quote>
veteran employment specialist appointed under section 134(f)
of the Workforce Investment Act of 1998
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H013B210FF5AB47A1870AF2AE2D4003CB">
<enum>
(B)
</enum>
<text>
by striking
paragraph (2) and redesignating paragraph (3) as paragraph (2);
</text>
</subparagraph>
</paragraph>
<paragraph id="H154D670F03F74A9DB2BC67F3F068B121">
<enum>
(6)
</enum>
<text>
in section
3672(d)(1), by striking
<quote>
disabled veterans’ outreach program specialists
under section 4103A
</quote>
and inserting
<quote>
veteran employment specialists
appointed under section 134(f) of the Workforce Investment Act of 1998
</quote>
;
and
</text>
</paragraph>
<paragraph id="H1CA7CC049DB646FAB42196B41BCF1B2B">
<enum>
(7)
</enum>
<text>
in section
4104A—
</text>
<subparagraph id="HE61A9431CB3B4461909BCC071D451211">
<enum>
(A)
</enum>
<text>
in subsection
(b)(1), by striking subparagraph (A) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB5591917984F4AAE81234063557DF479" style="USC">
<subparagraph id="HD55F013B3D73401C96B5CA6F21B9B018">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the appropriate veteran employment
specialist (in carrying out the functions described in section 134(f) of the
Workforce Investment Act of 1998);
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H1F05F020E63346C8BD36D47091A4687A">
<enum>
(B)
</enum>
<text>
in subsection
(c)(1), by striking subparagraph (A) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HCE6FE35A71CA4FD6918EABC8D21317FB" style="OLC">
<subparagraph id="HAA26D30C3BA44BD5BBC648C2553FED27">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
collaborate with the appropriate veteran
employment specialist (as described in section 134(f)) and the appropriate
State boards and local boards (as such terms are defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C.
2801));
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section commented="no" id="H7C660BB6A35B4598AD927F3506088071">
<enum>
409.
</enum>
<header>
Conforming
amendment to table of contents
</header>
<text display-inline="no-display-inline">
The table of contents in section 1(b) is
amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H7113D180652F47F78600A0D801CAF1DC" style="OLC">
<toc>
<toc-entry level="section">
Sec. 1. Short title; table of
contents.
</toc-entry>
<toc-entry level="title">
TITLE I—WORKFORCE INVESTMENT
SYSTEMS
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Workforce Investment
Definitions
</toc-entry>
<toc-entry level="section">
Sec. 101. Definitions.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—Statewide and Local Workforce
Investment Systems
</toc-entry>
<toc-entry level="section">
Sec. 106. Purpose.
</toc-entry>
<toc-entry level="chapter">
Chapter 1—State Provisions
</toc-entry>
<toc-entry level="section">
Sec. 111. State workforce investment
boards.
</toc-entry>
<toc-entry level="section">
Sec. 112. State plan.
</toc-entry>
<toc-entry level="chapter">
Chapter 2—Local Provisions
</toc-entry>
<toc-entry level="section">
Sec. 116. Local workforce investment
areas.
</toc-entry>
<toc-entry level="section">
Sec. 117. Local workforce investment
boards.
</toc-entry>
<toc-entry level="section">
Sec. 118. Local plan.
</toc-entry>
<toc-entry level="chapter">
Chapter 3—Workforce Investment Activities
Providers
</toc-entry>
<toc-entry level="section">
Sec. 121. Establishment of one-stop
delivery systems.
</toc-entry>
<toc-entry level="section">
Sec. 122. Identification of eligible
providers of training services.
</toc-entry>
<toc-entry level="section">
Sec. 123. [Repealed].
</toc-entry>
<toc-entry level="chapter">
Chapter 4—[Repealed]
</toc-entry>
<toc-entry level="chapter">
Chapter 5—Employment and Training
Activities
</toc-entry>
<toc-entry level="section">
Sec. 131. General
authorization.
</toc-entry>
<toc-entry level="section">
Sec. 132. State allotments.
</toc-entry>
<toc-entry level="section">
Sec. 133. Within State
allocations.
</toc-entry>
<toc-entry level="section">
Sec. 134. Use of funds for employment and
training activities.
</toc-entry>
<toc-entry level="chapter">
Chapter 6—General Provisions
</toc-entry>
<toc-entry level="section">
Sec. 136. Performance accountability
system.
</toc-entry>
<toc-entry level="section">
Sec. 137. Authorization of
appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle C—Job Corps
</toc-entry>
<toc-entry level="section">
Sec. 141. Purposes.
</toc-entry>
<toc-entry level="section">
Sec. 142. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 143. Establishment.
</toc-entry>
<toc-entry level="section">
Sec. 144. Individuals eligible for the Job
Corps.
</toc-entry>
<toc-entry level="section">
Sec. 145. Recruitment, screening,
selection, and assignment of enrollees.
</toc-entry>
<toc-entry level="section">
Sec. 146. Enrollment.
</toc-entry>
<toc-entry level="section">
Sec. 147. Job Corps centers.
</toc-entry>
<toc-entry level="section">
Sec. 148. Program activities.
</toc-entry>
<toc-entry level="section">
Sec. 149. Counseling and job
placement.
</toc-entry>
<toc-entry level="section">
Sec. 150. Support.
</toc-entry>
<toc-entry level="section">
Sec. 151. Operations.
</toc-entry>
<toc-entry level="section">
Sec. 152. Standards of
conduct.
</toc-entry>
<toc-entry level="section">
Sec. 153. Community
participation.
</toc-entry>
<toc-entry level="section">
Sec. 154. Workforce councils.
</toc-entry>
<toc-entry level="section">
Sec. 155. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 156. Technical assistance to
centers.
</toc-entry>
<toc-entry level="section">
Sec. 157. Application of provisions of
Federal law.
</toc-entry>
<toc-entry level="section">
Sec. 158. Special provisions.
</toc-entry>
<toc-entry level="section">
Sec. 159. Management
information.
</toc-entry>
<toc-entry level="section">
Sec. 160. General provisions.
</toc-entry>
<toc-entry level="section">
Sec. 161. Closure of low-performing Job
Corps centers.
</toc-entry>
<toc-entry level="section">
Sec. 162. Reforms to remove political
favoritism in the opening of new Job Corps centers.
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—National Programs
</toc-entry>
<toc-entry level="section">
Sec. 166. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 167. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 168. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 169. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 170. Technical
assistance.
</toc-entry>
<toc-entry level="section">
Sec. 171. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 172. Evaluations.
</toc-entry>
<toc-entry level="section">
Sec. 173. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 173A. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 174. [Repealed].
</toc-entry>
<toc-entry level="subtitle">
Subtitle E—Administration
</toc-entry>
<toc-entry level="section">
Sec. 181. Requirements and
restrictions.
</toc-entry>
<toc-entry level="section">
Sec. 182. Prompt allocation of
funds.
</toc-entry>
<toc-entry level="section">
Sec. 183. Monitoring.
</toc-entry>
<toc-entry level="section">
Sec. 184. Fiscal controls;
sanctions.
</toc-entry>
<toc-entry level="section">
Sec. 185. Reports; recordkeeping;
investigations.
</toc-entry>
<toc-entry level="section">
Sec. 186. Administrative
adjudication.
</toc-entry>
<toc-entry level="section">
Sec. 187. Judicial review.
</toc-entry>
<toc-entry level="section">
Sec. 188. Nondiscrimination.
</toc-entry>
<toc-entry level="section">
Sec. 189. Administrative
provisions.
</toc-entry>
<toc-entry level="section">
Sec. 190. References.
</toc-entry>
<toc-entry level="section">
Sec. 191. State legislative
authority.
</toc-entry>
<toc-entry level="section">
Sec. 192. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 193. Use of certain real
property.
</toc-entry>
<toc-entry level="section">
Sec. 194. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 195. General program
requirements.
</toc-entry>
<toc-entry level="section">
Sec. 196. Department Staff.
</toc-entry>
<toc-entry level="subtitle">
Subtitle F—Repeals and Conforming
Amendments
</toc-entry>
<toc-entry level="section">
Sec. 199. Repeals.
</toc-entry>
<toc-entry level="section">
Sec. 199A. Conforming
amendments.
</toc-entry>
<toc-entry level="title">
TITLE II—ADULT EDUCATION AND FAMILY LITERACY
EDUCATION
</toc-entry>
<toc-entry level="section">
Sec. 201. Short title.
</toc-entry>
<toc-entry level="section">
Sec. 202. Purpose.
</toc-entry>
<toc-entry level="section">
Sec. 203. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 204. Home schools.
</toc-entry>
<toc-entry level="section">
Sec. 205. Authorization of
appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Federal Provisions
</toc-entry>
<toc-entry level="section">
Sec. 211. Reservation of funds; grants to
eligible agencies; allotments.
</toc-entry>
<toc-entry level="section">
Sec. 212. Performance accountability
system.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—State Provisions
</toc-entry>
<toc-entry level="section">
Sec. 221. State
administration.
</toc-entry>
<toc-entry level="section">
Sec. 222. State distribution of funds;
matching requirement.
</toc-entry>
<toc-entry level="section">
Sec. 223. State leadership
activities.
</toc-entry>
<toc-entry level="section">
Sec. 224. State plan.
</toc-entry>
<toc-entry level="section">
Sec. 225. Programs for corrections
education and other institutionalized individuals.
</toc-entry>
<toc-entry level="subtitle">
Subtitle C—Local Provisions
</toc-entry>
<toc-entry level="section">
Sec. 231. Grants and contracts for
eligible providers.
</toc-entry>
<toc-entry level="section">
Sec. 232. Local application.
</toc-entry>
<toc-entry level="section">
Sec. 233. Local administrative cost
limits.
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—General Provisions
</toc-entry>
<toc-entry level="section">
Sec. 241. Administrative
provisions.
</toc-entry>
<toc-entry level="section">
Sec. 242. National activities.
</toc-entry>
<toc-entry level="title">
TITLE III—WORKFORCE INVESTMENT-RELATED
ACTIVITIES
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Wagner-Peyser Act
</toc-entry>
<toc-entry level="section">
Sec. 301. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 302. Functions.
</toc-entry>
<toc-entry level="section">
Sec. 303. Designation of State
agencies.
</toc-entry>
<toc-entry level="section">
Sec. 304. Appropriations.
</toc-entry>
<toc-entry level="section">
Sec. 305. Disposition of allotted
funds.
</toc-entry>
<toc-entry level="section">
Sec. 306. State plans.
</toc-entry>
<toc-entry level="section">
Sec. 307. Repeal of Federal advisory
council.
</toc-entry>
<toc-entry level="section">
Sec. 308. Regulations.
</toc-entry>
<toc-entry level="section">
Sec. 309. Employment
statistics.
</toc-entry>
<toc-entry level="section">
Sec. 310. Technical
amendments.
</toc-entry>
<toc-entry level="section">
Sec. 311. Effective date.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—Linkages With Other
Programs
</toc-entry>
<toc-entry level="section">
Sec. 321. Trade Act of 1974.
</toc-entry>
<toc-entry level="section">
Sec. 322. Veterans' employment
programs.
</toc-entry>
<toc-entry level="section">
Sec. 323. Older Americans Act of
1965.
</toc-entry>
<toc-entry level="subtitle">
Subtitle C—Twenty-First Century Workforce
Commission
</toc-entry>
<toc-entry level="section">
Sec. 331. Short title.
</toc-entry>
<toc-entry level="section">
Sec. 332. Findings.
</toc-entry>
<toc-entry level="section">
Sec. 333. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 334. Establishment of Twenty-First
Century Workforce Commission.
</toc-entry>
<toc-entry level="section">
Sec. 335. Duties of the
Commission.
</toc-entry>
<toc-entry level="section">
Sec. 336. Powers of the
Commission.
</toc-entry>
<toc-entry level="section">
Sec. 337. Commission personnel
matters.
</toc-entry>
<toc-entry level="section">
Sec. 338. Termination of the
Commission.
</toc-entry>
<toc-entry level="section">
Sec. 339. Authorization of
appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—Application of Civil Rights
and Labor-Management Laws to the Smithsonian Institution
</toc-entry>
<toc-entry level="section">
Sec. 341. Application of civil rights and
labor-management laws to the Smithsonian Institution.
</toc-entry>
<toc-entry level="title">
TITLE IV—REHABILITATION ACT AMENDMENTS OF
1998
</toc-entry>
<toc-entry level="section">
Sec. 401. Short title.
</toc-entry>
<toc-entry level="section">
Sec. 402. Title.
</toc-entry>
<toc-entry level="section">
Sec. 403. General provisions.
</toc-entry>
<toc-entry level="section">
Sec. 404. Vocational rehabilitation
services.
</toc-entry>
<toc-entry level="section">
Sec. 405. Research and
training.
</toc-entry>
<toc-entry level="section">
Sec. 406. Professional development and
special projects and demonstrations.
</toc-entry>
<toc-entry level="section">
Sec. 407. National Council on
Disability.
</toc-entry>
<toc-entry level="section">
Sec. 408. Rights and advocacy.
</toc-entry>
<toc-entry level="section">
Sec. 409. Employment opportunities for
individuals with disabilities.
</toc-entry>
<toc-entry level="section">
Sec. 410. Independent living services and
centers for independent living.
</toc-entry>
<toc-entry level="section">
Sec. 411. Repeal.
</toc-entry>
<toc-entry level="section">
Sec. 412. Helen Keller National Center
Act.
</toc-entry>
<toc-entry level="section">
Sec. 413. President's Committee on
Employment of People With Disabilities.
</toc-entry>
<toc-entry level="section">
Sec. 414. Conforming
amendments.
</toc-entry>
<toc-entry level="title">
TITLE V—GENERAL PROVISIONS
</toc-entry>
<toc-entry level="section">
Sec. 501. State unified plan.
</toc-entry>
<toc-entry level="section">
Sec. 502. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 503. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 504. Privacy.
</toc-entry>
<toc-entry level="section">
Sec. 505. Buy-American
requirements.
</toc-entry>
<toc-entry level="section">
Sec. 506. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 507. Effective
date.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</title>
<title id="H599F951FDD5E420882ED41DAEA353544">
<enum>
V
</enum>
<header>
AMENDMENTS TO THE
REHABILITATION ACT OF 1973
</header>
<section id="H6D6BEA80717F44928162F020A187509F">
<enum>
501.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
Section 2(a) of the Rehabilitation Act of
1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701(a)
</external-xref>
) is amended—
</text>
<paragraph id="H596B1A48E90047F19E525E0C226DB92B">
<enum>
(1)
</enum>
<text>
in paragraph (5),
by striking
<quote>
and
</quote>
at the end;
</text>
</paragraph>
<paragraph id="HF58F925A9E2640AD83EC4D07F8D2FE0B">
<enum>
(2)
</enum>
<text>
in paragraph (6),
by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="HE9C8DBFEEE284709A03A0EB74E164279">
<enum>
(3)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H1E9E50FB4F6D466EACF034E10DCFA295" style="OLC">
<paragraph id="H19DE947F98CF4B699EA3598FA74189BE">
<enum>
(7)
</enum>
<text>
there is a
substantial need to improve and expand services for students with disabilities
under this
Act.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HC9AD86134F504E0BA96D3132FC5E7369">
<enum>
502.
</enum>
<header>
Rehabilitation
services administration
</header>
<subsection id="HE22A35EC40A24E1BA663578F9619DE33">
<enum>
(a)
</enum>
<header>
Rehabilitation
services administration
</header>
<text>
The Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.) is amended—
</text>
<paragraph id="H73409BEFBC9D4E2F9D26F32BAC454BDE">
<enum>
(1)
</enum>
<text>
in section 3(a)
(
<external-xref legal-doc="usc" parsable-cite="usc/29/702">
29 U.S.C. 702(a)
</external-xref>
)—
</text>
<subparagraph id="H2707E55F3F534A11A36F4559661BC66C">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Office of the Secretary
</quote>
and inserting
<quote>
Department of
Education
</quote>
;
</text>
</subparagraph>
<subparagraph id="H2E401D8030744573AE730CE8AA020D6D">
<enum>
(B)
</enum>
<text>
by striking
<quote>
President by and with the advice and consent of the Senate
</quote>
and
inserting
<quote>
Secretary
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H146EEAC72B5445C18B38DCC39969E9B5">
<enum>
(C)
</enum>
<text>
by striking
<quote>
, and the Commissioner shall be the principal officer,
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H0AD24B4E7A0D4A3B8F197A0324C631C4">
<enum>
(2)
</enum>
<text>
by striking
<quote>
Commissioner
</quote>
each place it appears (except in section 21) and
inserting
<quote>
Director
</quote>
;
</text>
</paragraph>
<paragraph id="HEC1D2A8EFB2A4E6E921B855450AE327F">
<enum>
(3)
</enum>
<text>
in section 12(c)
(
<external-xref legal-doc="usc" parsable-cite="usc/29/709">
29 U.S.C. 709
</external-xref>
), by striking
<quote>
Commissioner’s
</quote>
and inserting
<quote>
Director’s
</quote>
;
</text>
</paragraph>
<paragraph id="HB1796BABB81C48089DFCFF8E16E33420">
<enum>
(4)
</enum>
<text>
in the heading for
subparagraph (B) of section 100(d)(2), by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
commissioner
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
director
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="H9EF25846C45F41148A7B03882967565A">
<enum>
(5)
</enum>
<text>
in the heading for
section 706, by striking
<quote>
<header-in-text level="section" style="OLC">
commissioner
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
director
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="HBB0EED962E7E40D080AF149AE9EC2DCA">
<enum>
(6)
</enum>
<text>
in the heading for
paragraph (3) of section 723(a), by striking
<quote>
<header-in-text level="paragraph" style="OLC">
commissioner
</header-in-text>
</quote>
and
inserting
<quote>
<header-in-text level="paragraph" style="OLC">
director
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="H2DA31557410D42E99AD5311C4A544D9A">
<enum>
(7)
</enum>
<text>
in section 21 (29
U.S.C. 718)—
</text>
<subparagraph id="HE5EB15E60B6342E9856E89F6F1793022">
<enum>
(A)
</enum>
<text>
in subsection
(b)(1)—
</text>
<clause id="H8B30A2EEF6A24E418E0011077C547337">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
Commissioner
</quote>
the first place it appears and inserting
<quote>
Director of the Rehabilitation Services Administration
</quote>
;
</text>
</clause>
<clause id="H1C7277EDDE454EDB940814AC487AFD11">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
(referred to in this subsection as the
<quote>
Director
</quote>
)
</quote>
; and
</text>
</clause>
<clause id="H519BCA2D471442A58B6838D821F83615">
<enum>
(iii)
</enum>
<text>
by
striking
<quote>
The Commissioner and the Director
</quote>
and inserting
<quote>
Both such Directors
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H58C06B63B5D2484BBB8BAF4EE438E135">
<enum>
(B)
</enum>
<text>
by striking
<quote>
the Commissioner and the Director
</quote>
each place it appears and
inserting
<quote>
both such Directors
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HEE5A8DFB54C94D6EA1CE1E69DE058850">
<enum>
(b)
</enum>
<header>
Effective date;
application
</header>
<text>
The amendments made by subsection (a) shall—
</text>
<paragraph id="H6E7D21CB03AC4EA483F84B13E0B3F5D9">
<enum>
(1)
</enum>
<text>
take effect on the
date of the enactment of this Act; and
</text>
</paragraph>
<paragraph id="HD7EB5E0E6B384A85AB39BA4AB0524F16">
<enum>
(2)
</enum>
<text>
apply with respect
to the appointments of Directors of the Rehabilitation Services Administration
made on or after the date of enactment of this Act, and the Directors so
appointed.
</text>
</paragraph>
</subsection>
</section>
<section id="HDA248A366CA14943A15EC3C71D94844F">
<enum>
503.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 7 of the Rehabilitation Act of 1973
(
<external-xref legal-doc="usc" parsable-cite="usc/29/705">
29 U.S.C. 705
</external-xref>
) is amended—
</text>
<paragraph id="HEBDA55D79E154535A2C5C4E0F0D3049E">
<enum>
(1)
</enum>
<text>
by redesignating
paragraphs (35) through (39) as paragraphs (36) through (40),
respectively;
</text>
</paragraph>
<paragraph id="H89281EFDEA0B452AB3EF44833489BBA2">
<enum>
(2)
</enum>
<text>
in subparagraph
(A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking
<quote>
paragraph (36)(C)
</quote>
and inserting
<quote>
paragraph
(37)(C)
</quote>
; and
</text>
</paragraph>
<paragraph id="H410D5A71956C41638831B8C3F272C9EB">
<enum>
(3)
</enum>
<text>
by inserting after
paragraph (34) the following:
</text>
<quoted-block id="H2B7707E27A0A488C82762ADB3EE5656F" style="OLC">
<paragraph id="H496DE150383E4E8493763F27961722BE">
<enum>
(35)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HE63E0BFB26284ABEB8692F2566B3E919">
<enum>
(A)
</enum>
<text>
The term
<term>
student
with a disability
</term>
means an individual with a disability who—
</text>
<clause id="H568D82E33D8B48BFA364654E2D80ACAE">
<enum>
(i)
</enum>
<text>
is
not younger than 16 and not older than 21;
</text>
</clause>
<clause id="HDBDF63BB60CD4C259708AD3813891738">
<enum>
(ii)
</enum>
<text>
has been
determined to be eligible under section 102(a) for assistance under this title;
and
</text>
</clause>
<clause id="HDE38E1384CD849C1B308CE2B646CAD65">
<enum>
(iii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H800035FC940A40EA9AF5272DEA4E06E1">
<enum>
(I)
</enum>
<text>
is eligible for, and is
receiving, special education under part B of the Individuals with Disabilities
Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1411">
20 U.S.C. 1411 et seq.
</external-xref>
); or
</text>
</subclause>
<subclause id="HE769269519C643DB9452C53EBAC83EFF" indent="up1">
<enum>
(II)
</enum>
<text>
is an individual with a disability, for
purposes of section 504.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H096F70A0D0D54DD9913615A8D10F1E67" indent="up1">
<enum>
(B)
</enum>
<text>
The term
<term>
students with
disabilities
</term>
means more than 1 student with a
disability.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HAE00AD740EFF46B2B89787416433A6CD">
<enum>
504.
</enum>
<header>
State
plan
</header>
<text display-inline="no-display-inline">
Section 101(a) of the
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(a)
</external-xref>
) is amended—
</text>
<paragraph id="H791F213E2FD6466AAF98CB0D4A247CAB">
<enum>
(1)
</enum>
<text>
in paragraph
(10)(B) by striking
<quote>
on the eligible individuals
</quote>
and all that
follows through
<quote>
section 136(d)(2)
</quote>
and inserting
<quote>
of
information necessary to assess the State’s performance on the core indicators
of performance described in section 136(b)(2)(A)
</quote>
;
</text>
</paragraph>
<paragraph id="H8950E20479C74D6A8168F647F6602932">
<enum>
(2)
</enum>
<text>
in paragraph
(11)—
</text>
<subparagraph id="H1E878E1E8C004DAFBE82B6BB3E44D6C3">
<enum>
(A)
</enum>
<text>
in subparagraph
(D)(i), by inserting before the semicolon the following:
<quote>
, which may be
provided using alternative means of meeting participation (such as video
conferences and conference calls)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H1142C94C1A4647458044526412FAEA1E">
<enum>
(B)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="HCA924BCB32C74A8A967A1763A5836A6A" style="OLC">
<subparagraph id="HACFE60A8D14149E69B7587E334796249">
<enum>
(G)
</enum>
<header>
Coordination
with assistive technology programs
</header>
<text>
The State plan shall include
an assurance that the designated State unit and the lead agency or implementing
entity responsible for carrying out duties under the Assistive Technology Act
of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3001">
29 U.S.C. 3001 et seq.
</external-xref>
) have developed working relationships and
coordinate their
activities.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HEA3D8925D8FD4E36B33E17E2227EAF81">
<enum>
(3)
</enum>
<text>
in paragraph
(15)—
</text>
<subparagraph id="HCC5C2FDE014D497592646C0BCB968D0B">
<enum>
(A)
</enum>
<text>
in subparagraph
(A)—
</text>
<clause id="H123717EDE5FC4CA8AB8D6666FDF2AA29">
<enum>
(i)
</enum>
<text>
in
clause (i)—
</text>
<subclause id="HF0684525384346068B0706A1F2A354FE">
<enum>
(I)
</enum>
<text>
in subclause (II),
by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
<subclause id="H8AADD0AF39FA41D3975A0850566D236D">
<enum>
(II)
</enum>
<text>
in subclause
(III), by adding
<quote>
and
</quote>
at the end; and
</text>
</subclause>
<subclause id="HC5F24FEA767E4AF68AEAE0D130F30E15">
<enum>
(III)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="HDE31873B3D4D47FA880573ECB6F26AEF" style="OLC">
<subclause id="H831E28EE3C284D44B7B62C1D500AEB7C">
<enum>
(IV)
</enum>
<text>
students with
disabilities, including their need for transition
services;
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="H1C38128453C3459C9BF85D93FFBC4318">
<enum>
(ii)
</enum>
<text>
by
redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively;
and
</text>
</clause>
<clause id="H09D8A54434C54CE3AE88632B234584DA">
<enum>
(iii)
</enum>
<text>
by
inserting after clause (i) the following:
</text>
<quoted-block id="HCE7872D77C864FCDA775746342EBD802" style="OLC">
<clause id="H560C6CEFD0E34D9A8CB6C45DAAADF914">
<enum>
(ii)
</enum>
<text>
include an
assessment of the transition services provided under this Act, and coordinated
with transition services under the Individuals with Disabilities Education Act,
as to those services meeting the needs of individuals with
disabilities;
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H75F74405648A47E29A9FC14124B72D02">
<enum>
(B)
</enum>
<text>
in subparagraph
(D)—
</text>
<clause id="H51CAE2B7A39C4B69AD9E2020BD2B581A">
<enum>
(i)
</enum>
<text>
by
redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi),
respectively; and
</text>
</clause>
<clause id="HDD09A0C7E3DE4CF28206A3538CB5F6F0">
<enum>
(ii)
</enum>
<text>
by
inserting after clause (ii) the following:
</text>
<quoted-block id="HCD1014C5484A45E2876044C1DC018801" style="OLC">
<clause id="H066F63A9484D488DA34D471AA76F6E9B">
<enum>
(iii)
</enum>
<text>
the methods to
be used to improve and expand vocational rehabilitation services for students
with disabilities, including the coordination of services designed to
facilitate the transition of such students from the receipt of educational
services in school to the receipt of vocational rehabilitation services under
this title or to postsecondary education or
employment;
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HD58B52FEA7054AAEBF286A1E1324BF62">
<enum>
(4)
</enum>
<text>
in paragraph
(22)—
</text>
<subparagraph id="HBA4AD33767704396BA99DBD05BFA67EF">
<enum>
(A)
</enum>
<text>
by striking
<quote>
carrying out part B of title VI, including
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HABA2981635E94F9FAB07AD87B08D1733">
<enum>
(B)
</enum>
<text>
by striking
<quote>
that part to supplement funds made available under part B
of
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HDE4FD77B084045F791052ED3F51BB280">
<enum>
(5)
</enum>
<text>
in paragraph
(24)(A), by striking
<quote>
part A of title VI
</quote>
and inserting
<quote>
section 109A
</quote>
; and
</text>
</paragraph>
<paragraph id="H964014C0BC5A490C84477609E6D998E5">
<enum>
(6)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H30A97EF730744581B101FDE47DF40B97" style="OLC">
<paragraph id="H6CD7B5F85F314D1899872F6CC7CD78E6">
<enum>
(25)
</enum>
<header>
Collaboration
with industry
</header>
<text>
The State plan shall describe how the designated
State agency will carry out the provisions of section 109A, including—
</text>
<subparagraph id="H16E54E71AFA1437D81E08191CBF19AB1">
<enum>
(A)
</enum>
<text>
the criteria such
agency will use to award grants under such section; and
</text>
</subparagraph>
<subparagraph id="H28AD97D143584B9F8073DC4A38C2ECB0">
<enum>
(B)
</enum>
<text>
how the activities
carried out under such grants will be coordinated with other services provided
under this title.
</text>
</subparagraph>
</paragraph>
<paragraph id="HADA91EBDEE8D45C99A13C1038FF097F3">
<enum>
(26)
</enum>
<header>
Services for
students with disabilities
</header>
<text>
The State plan shall provide an
assurance satisfactory to the Secretary that the State—
</text>
<subparagraph id="HFFDEA937F36547D98954A3A6085DD8FE">
<enum>
(A)
</enum>
<text>
has developed and
implemented strategies to address the needs identified in the assessment
described in paragraph (15), and achieve the goals and priorities identified by
the State, to improve and expand vocational rehabilitation services for
students with disabilities on a statewide basis in accordance with paragraph
(15); and
</text>
</subparagraph>
<subparagraph id="H47FFB115F3A44602B823CCF2AE8B8AB5">
<enum>
(B)
</enum>
<text>
from funds
reserved under section 110A, shall carry out programs or activities designed to
improve and expand vocational rehabilitation services for students with
disabilities that—
</text>
<clause id="HEB9D775D904E48FDAAA41FCCDE84A1EF">
<enum>
(i)
</enum>
<text>
facilitate the
transition of students with disabilities from the receipt of educational
services in school, to the receipt of vocational rehabilitation services under
this title, including, at a minimum, those services specified in the
interagency agreement required in paragraph (11)(D);
</text>
</clause>
<clause id="H530C604EDA3A46B5BD126735937230D3">
<enum>
(ii)
</enum>
<text>
improve the
achievement of post-school goals of students with disabilities, including
improving the achievement through participation (as appropriate when career
goals are discussed) in meetings regarding individualized education programs
developed under section 614 of the Individuals with Disabilities Education Act
(
<external-xref legal-doc="usc" parsable-cite="usc/20/1414">
20 U.S.C. 1414
</external-xref>
);
</text>
</clause>
<clause id="H19567D51A7954D14A0E9498B20DECA57">
<enum>
(iii)
</enum>
<text>
provide career
guidance, career exploration services, job search skills and strategies, and
technical assistance to students with disabilities;
</text>
</clause>
<clause id="H23FA1F5321B942A7A3D17DC87C3B4E66">
<enum>
(iv)
</enum>
<text>
support the
provision of training and technical assistance to State and local educational
agencies and designated State agency personnel responsible for the planning and
provision of services to students with disabilities; and
</text>
</clause>
<clause id="H890EB3D9A71740BBB0009909D18B2EFB">
<enum>
(v)
</enum>
<text>
support outreach
activities to students with disabilities who are eligible for, and need,
services under this
title.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HDFA67E763A6648CCB51C20019BAF754A">
<enum>
505.
</enum>
<header>
Scope of
services
</header>
<text display-inline="no-display-inline">
Section 103 of the
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/723">
29 U.S.C. 723
</external-xref>
) is amended—
</text>
<paragraph id="H31872B45D5C54B3590C7781E77C29AF7">
<enum>
(1)
</enum>
<text>
in subsection (a),
by striking paragraph (15) and inserting the following:
</text>
<quoted-block id="H1F53CBAE7A7A47C3B2B0906C38DBDBB8" style="OLC">
<paragraph id="H8423E3424DE5456B9F0A7D7FE680C941">
<enum>
(15)
</enum>
<text>
transition
services for students with disabilities, that facilitate the achievement of the
employment outcome identified in the individualized plan for employment,
including services described in clauses (i) through (iii) of section
101(a)(26)(B);
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HF8D1FB2AC3B74F7F8873C2D8D3B1FE50">
<enum>
(2)
</enum>
<text>
in subsection (b),
by striking paragraph (6) and inserting the following:
</text>
<quoted-block id="H962D77B2A29441CBB868299240F54BD3" style="OLC">
<paragraph id="H67EDC8F9F0024CF6AFA3D7E3F93076CF">
<enum>
(6)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HC70094F66B564092A8E1CAE2D20FAEE8">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="HADE23A1641D545CAB176698D6DF93271">
<enum>
(i)
</enum>
<text>
Consultation and
technical assistance services to assist State and local educational agencies in
planning for the transition of students with disabilities from school to
post-school activities, including employment.
</text>
</clause>
<clause id="HD9126AB81B244BE0A77AF9C578424050" indent="up2">
<enum>
(ii)
</enum>
<text>
Training and technical assistance
described in section 101(a)(26)(B)(iv).
</text>
</clause>
</subparagraph>
<subparagraph id="H1DEF0D234BB942DABD604CDCE51242DC" indent="up1">
<enum>
(B)
</enum>
<text>
Services for groups of individuals
with disabilities who meet the requirements of clauses (i) and (iii) of section
7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of
section 101(a)(26)(B), to assist in the transition from school to post-school
activities.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HDB4AAE68EC4144CCB98289280FDD1FD5">
<enum>
(3)
</enum>
<text>
in subsection (b)
by inserting at the end, the following:
</text>
<quoted-block id="H59E6817574824039B39D657CE45AA518" style="OLC">
<paragraph id="H8D4C284E3B0147D58B553FCF003D190E">
<enum>
(7)
</enum>
<text>
The establishment,
development, or improvement of assistive technology demonstration, loan,
reutilization, or financing programs in coordination with activities authorized
under the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3001">
29 U.S.C. 3001
</external-xref>
) to promote access
to assistive technology for individuals with disabilities and
employers.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H1E66E02AEAEA4009B793CEF1D79E243B">
<enum>
506.
</enum>
<header>
Standards and
indicators
</header>
<text display-inline="no-display-inline">
Section 106 of the
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/726">
29 U.S.C. 726(a)
</external-xref>
) is amended—
</text>
<paragraph id="HD4408CD1941A4159B8C8B3D792C840B9">
<enum>
(1)
</enum>
<text>
by striking
subsection (a) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD118CC82340B4B8E871800193277558A" style="OLC">
<subsection id="H51AC6044636546B9A23CED02C5E5C325">
<enum>
(a)
</enum>
<header>
Standards and
indicators
</header>
<text display-inline="yes-display-inline">
The performance
standards and indicators for the vocational rehabilitation program carried out
under this title—
</text>
<paragraph id="HE366867ADE7445D8B956715C4AAD7234">
<enum>
(1)
</enum>
<text>
shall be subject
to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act
of 1998; and
</text>
</paragraph>
<paragraph id="HB91AA30D1AFD45A1A43B0F985B197E08">
<enum>
(2)
</enum>
<text>
may, at a State’s
discretion, include additional indicators identified in the State plan
submitted under section 101.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HD1BF882E1C5E4656B5332CC98BC76AF0">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in subsection (b)(2)(B), by striking clause
(i) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H006094AF13B8468FBFFCCCCC5742BE40" style="OLC">
<clause id="H6B18A6493F47418DBFE9B727BAE8FEDF">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
on a biannual basis, review the program
improvement efforts of the State and, if the State has not improved its
performance to acceptable levels, as determined by the Director, direct the
State to make revisions to the plan to improve performance;
and
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H4E1DE69396E3405098B906410C2FBC15">
<enum>
507.
</enum>
<header>
Collaboration
with industry
</header>
<text display-inline="no-display-inline">
The
Rehabilitation Act of 1973 is amended by inserting after section 109 (29 U.S.C.
729) the following:
</text>
<quoted-block id="HF9C649419FD54C88B9F505B31F72BEE2" style="OLC">
<section id="H19685ED49FB14FB3A33CF75D08F83455">
<enum>
109A.
</enum>
<header>
Collaboration
with industry
</header>
<subsection id="H63F3692D40F84D58B7F8509BAD7862C1">
<enum>
(a)
</enum>
<header>
Authority
</header>
<text>
A
State shall use not less than one-half of one percent of the payment the State
receives under section 111 for a fiscal year to award grants to eligible
entities to create practical job and career readiness and training programs,
and to provide job placements and career advancement.
</text>
</subsection>
<subsection id="HC21B5C930E9B444D9814FB797922421C">
<enum>
(b)
</enum>
<header>
Application
</header>
<text>
To
receive a grant under this section, an eligible entity shall submit an
application to a designated State agency at such time, in such manner, and
containing such information as such agency shall require. Such application
shall include, at a minimum—
</text>
<paragraph id="HEE47A2322BF14A36B407FBC834491DFC">
<enum>
(1)
</enum>
<text>
a plan for
evaluating the effectiveness of the program;
</text>
</paragraph>
<paragraph id="HB24BFB5B84444E50BFEE8B655BA2ADF4">
<enum>
(2)
</enum>
<text>
a plan for
collecting and reporting the data and information described under subparagraphs
(A) through (C) of section 101(a)(10), as determined appropriate by the
designated State agency; and
</text>
</paragraph>
<paragraph id="H05235921797C47879CA6052F7D8B9ECF">
<enum>
(3)
</enum>
<text>
a plan for
providing for the non-Federal share of the costs of the program.
</text>
</paragraph>
</subsection>
<subsection id="HCC1F3EDEC6574C0086B2576E87B65BFB">
<enum>
(c)
</enum>
<header>
Activities
</header>
<text>
An
eligible entity receiving a grant under this section shall use the grant funds
to carry out a program that provides one or more of the following:
</text>
<paragraph id="HDF4B85A8E26641C4873D5F4B341AFE07">
<enum>
(1)
</enum>
<text>
Job development,
job placement, and career advancement services for individuals with
disabilities.
</text>
</paragraph>
<paragraph id="H6B754972322840F6ACEA6614DC5B8EB5">
<enum>
(2)
</enum>
<text>
Training in
realistic work settings in order to prepare individuals with disabilities for
employment and career advancement in the competitive market.
</text>
</paragraph>
<paragraph id="HE275EEC3969C4DAC8B9FD50114E54E02">
<enum>
(3)
</enum>
<text>
Providing
individuals with disabilities with such support services as may be required in
order to maintain the employment and career advancement for which the
individuals have received training.
</text>
</paragraph>
</subsection>
<subsection id="H5E966693980B428782AFCDF9CBF868E6">
<enum>
(d)
</enum>
<header>
Awards
</header>
<text>
Grants
under this section shall—
</text>
<paragraph id="H24477E01018E4FDDB7F3268A56A6F608">
<enum>
(1)
</enum>
<text>
be awarded for a
period not to exceed 5 years; and
</text>
</paragraph>
<paragraph id="H1640A8D763544297829945AD11EF5B4F">
<enum>
(2)
</enum>
<text>
be awarded
competitively.
</text>
</paragraph>
</subsection>
<subsection id="HDF3EB2F43F074AA281411C7F4B70C83B">
<enum>
(e)
</enum>
<header>
Eligible entity
defined
</header>
<text>
For the purposes of this section, the term
<term>
eligible
entity
</term>
means a for-profit business, alone or in partnership with one or
more of the following:
</text>
<paragraph id="H3655B64F654749E694DE4796F283E62F">
<enum>
(1)
</enum>
<text>
Community
rehabilitation program providers.
</text>
</paragraph>
<paragraph id="H110144F3B99F49E980601EC4A958634F">
<enum>
(2)
</enum>
<text>
Indian
tribes.
</text>
</paragraph>
<paragraph id="H9BE23669ED664ECAB32F8ED981C122B3">
<enum>
(3)
</enum>
<text>
Tribal
organizations.
</text>
</paragraph>
</subsection>
<subsection id="H5519C79CCE124BF9A88B65B08F15F607">
<enum>
(f)
</enum>
<header>
Federal
share
</header>
<text>
The Federal share of a program under this section shall not
exceed 80 percent of the costs of the program.
</text>
</subsection>
<subsection id="H5E3636036C2A477B8F02FB5951A1C70D">
<enum>
(g)
</enum>
<header>
Eligibility for
services
</header>
<text>
An individual shall be eligible for services provided
under a program under this section if the individual is determined under
section 102(a)(1) to be eligible for assistance under this
title.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H3F426FDAC52F4CFFA1861DA913C7AA8A">
<enum>
508.
</enum>
<header>
Reservation for
expanded transition services
</header>
<text display-inline="no-display-inline">
The Rehabilitation Act of 1973 is amended by
inserting after section 110 (
<external-xref legal-doc="usc" parsable-cite="usc/29/730">
29 U.S.C. 730
</external-xref>
) the following:
</text>
<quoted-block id="HAEA78AA567ED4988BD7F2AE590EDFF91" style="OLC">
<section id="H31A89C02AE7E40498572D4E5C4176342">
<enum>
110A.
</enum>
<header>
Reservation
for expanded transition services
</header>
<text display-inline="no-display-inline">
Each State shall reserve not less than 10
percent of the funds allotted to the State under section 110(a) to carry out
programs and activities under sections 101(a)(26)(B) and
103(b)(6).
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H2A2081542E2749DB9C55F4732B25A7A1">
<enum>
509.
</enum>
<header>
Client
assistance program
</header>
<text display-inline="no-display-inline">
Section
112(e)(1) of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732(e)(1)
</external-xref>
) is amended by
redesignating subparagraph (D) as subparagraph (E) and inserting after
subparagraph (C) the following:
</text>
<quoted-block id="H9C66B6390A5548F9B68269082DCBC7B8" style="OLC">
<subparagraph id="H0256D74CB2234EB6B152C22B18BAAA57">
<enum>
(D)
</enum>
<text>
The Secretary
shall make grants to the protection and advocacy system serving the American
Indian Consortium to provide services in accordance with this section. The
amount of such grants shall be the same as provided to territories under this
subsection.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H65C5817322B34A818E60DDB2F552AFF5">
<enum>
510.
</enum>
<header>
Title III
amendments
</header>
<text display-inline="no-display-inline">
Title III of the
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/771">
29 U.S.C. 771 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="H5721C49378C141FDBF2717741E8DE83B">
<enum>
(1)
</enum>
<text>
in section
301(a)—
</text>
<subparagraph id="H69438B03EA884AAA9F38695B7D125DDA">
<enum>
(A)
</enum>
<text>
in paragraph (2),
by inserting
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="H8D1F9EEC37654EF18E9F3A76206DCD7C">
<enum>
(B)
</enum>
<text>
by striking
paragraphs (3) and (4); and
</text>
</subparagraph>
<subparagraph id="H7D7A17E491DE43CCA219CCF525A71AB9">
<enum>
(C)
</enum>
<text>
by redesignating
paragraph (5) as paragraph (3);
</text>
</subparagraph>
</paragraph>
<paragraph id="H1AE1E39B31E84169A633D57A8EB1C1D5">
<enum>
(2)
</enum>
<text>
in section
302(g)—
</text>
<subparagraph id="H35F662D911CF415C9EA287E5B4B5E1C9">
<enum>
(A)
</enum>
<text>
in the heading, by
striking
<quote>
<header-in-text level="subsection" style="OLC">
And In-Service
Training
</header-in-text>
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H801DB9AC0537497EA5F3A9604F0940A3">
<enum>
(B)
</enum>
<text>
by striking
paragraph (3);
</text>
</subparagraph>
</paragraph>
<paragraph id="H06A8C403FE9D4336BD5C92CAD0D9A3DC">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in section 303(c)—
</text>
<subparagraph id="HA2BE35EA7D0340F79A33B801ABBC82E7">
<enum>
(A)
</enum>
<text>
in paragraph
(4)—
</text>
<clause id="H19B083C538E84A628104561D393420B7">
<enum>
(i)
</enum>
<text>
by
amending subparagraph (A)(ii) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H784BF77AD0E04D78BFB1441DD6D5FFBF" style="OLC">
<clause id="H086F7B0F6A194A3CAE37351BF8F6BF4F">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
to coordinate and work closely with the
parent training and information centers established pursuant to section 671 of
the Individuals with Disabilities Education Act, the community parent resource
centers established pursuant to section 672 of such Act, and the eligible
entities receiving awards under section 673 of such Act;
and
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HB4C1D940084B4E8E9975DBA10204B2A8">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (C), by inserting
<quote>
,
and demonstrate the capacity for serving,
</quote>
after
<quote>
serve
</quote>
;
and
</text>
</clause>
</subparagraph>
<subparagraph id="HC18898337D3C45379DE18CDDDCF49C86">
<enum>
(B)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2851ED7471E94B9F84BBB2E0A157106D" style="OLC">
<paragraph commented="no" id="HBDB832C042DD40EEA838C70D8960DA1D">
<enum>
(8)
</enum>
<header>
Reservation
</header>
<text display-inline="yes-display-inline">
From the amount appropriated to carry out
this subsection for a fiscal year, 20 percent of such amount or $500,000,
whichever is less, shall be reserved to carry out paragraph
(6).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HC1203FDDD6AB4AE5984090660442FB02">
<enum>
(4)
</enum>
<text>
by striking
sections 304 and 305; and
</text>
</paragraph>
<paragraph id="HCAC6E6EBECC54AADBFF1A3A49C6066F0">
<enum>
(5)
</enum>
<text>
by redesignating
section 306 as section 304.
</text>
</paragraph>
</section>
<section id="HD38CC42A6C9340358A2B132F2C5FA91D">
<enum>
511.
</enum>
<header>
Repeal of title
VI
</header>
<text display-inline="no-display-inline">
The Rehabilitation Act of
1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
) is amended by repealing title VI.
</text>
</section>
<section id="H6657637DCA5A406481BC21DE997AE2E3">
<enum>
512.
</enum>
<header>
Chairperson
</header>
<text display-inline="no-display-inline">
Section 705(b)(5) of the Rehabilitation Act
of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796d">
29 U.S.C. 796d(b)(5)
</external-xref>
) is amended to read as follows:
</text>
<quoted-block id="HA5BD972C936B42BDA7B8D3FD851EF8FC" style="OLC">
<paragraph id="H3C87D515BF674FE7A40B390019AAF9D6">
<enum>
(5)
</enum>
<header>
Chairperson
</header>
<text>
The
Council shall select a chairperson from among the voting membership of the
Council.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H35B22B9627CB4EFFB932C1E00657B271">
<enum>
513.
</enum>
<header>
Authorizations
of appropriations
</header>
<text display-inline="no-display-inline">
The
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
) is further amended—
</text>
<paragraph id="HD1E2FE1440ED4BEFB4D6DF80BCC67FB6">
<enum>
(1)
</enum>
<text>
in section
100(b)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720(b)(1)
</external-xref>
), by striking
<quote>
such sums as may be
necessary for fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$3,121,712,000 for fiscal year 2014 and each of the 6 succeeding fiscal
years
</quote>
;
</text>
</paragraph>
<paragraph id="HBA8D9F7B4D1B4BFFBC84E1641EBA7740">
<enum>
(2)
</enum>
<text>
in section 110(c)
(
<external-xref legal-doc="usc" parsable-cite="usc/29/730">
29 U.S.C. 730(c)
</external-xref>
), by amending paragraph (2) to read as follows:
</text>
<quoted-block id="HC569F52C7EDA4237A318B2B7B3C04D0C" style="OLC">
<paragraph id="H9869463092584992B1A4D14AAB925AF6">
<enum>
(2)
</enum>
<text>
The sum referred
to in paragraph (1) shall be, as determined by the Secretary, not less than 1
percent and not more than 1.5 percent of the amount referred to in paragraph
(1) for each of fiscal years 2014 through
2020.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H016607BADBE14AD4850236A91C12E994">
<enum>
(3)
</enum>
<text>
in section 112(h)
(
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732(h)
</external-xref>
) by striking
<quote>
such sums as may be necessary for fiscal
years 1999 through 2003
</quote>
and inserting
<quote>
$12,240,000 for fiscal
year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="HE6FAD34B780C4C129538988DEA85E946">
<enum>
(4)
</enum>
<text>
by amending
subsection (a) of section 201 (
<external-xref legal-doc="usc" parsable-cite="usc/29/761">
29 U.S.C. 761(a)
</external-xref>
) to read as follows:
<quote>
(a)
There are authorized to be appropriated $108,817,000 for fiscal year 2014 and
each of the 6 succeeding fiscal years to carry out this title.
</quote>
;
</text>
</paragraph>
<paragraph id="H5C7DFBC2C20C435EA1BBB6FA82751508">
<enum>
(5)
</enum>
<text>
in section 302(i)
(
<external-xref legal-doc="usc" parsable-cite="usc/29/772">
29 U.S.C. 772(i)
</external-xref>
) by striking
<quote>
such sums as may be necessary for each of
the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$35,515,000 for
fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="HA9FFD243FE9E4434BFB2A4ED885D8409">
<enum>
(6)
</enum>
<text>
in section 303(e)
(
<external-xref legal-doc="usc" parsable-cite="usc/29/773">
29 U.S.C. 773(e)
</external-xref>
) by striking
<quote>
such sums as may be necessary for each of
the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$5,325,000 for
fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="H5118E017DBDC49EF9E50AAE55610886B">
<enum>
(7)
</enum>
<text>
in section 405 (29
U.S.C. 785) by striking
<quote>
such sums as may be necessary for each of the
fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$3,258,000 for
fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="HB1DD370E14B84FB7910B716A052AD949">
<enum>
(8)
</enum>
<text>
in section 502(j)
(
<external-xref legal-doc="usc" parsable-cite="usc/29/792">
29 U.S.C. 792(j)
</external-xref>
) by striking
<quote>
such sums as may be necessary for each of
the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$7,400,000 for
fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="HB4F2ED2296AC4905A103127B715854E0">
<enum>
(9)
</enum>
<text>
in section 509(l)
(
<external-xref legal-doc="usc" parsable-cite="usc/29/794e">
29 U.S.C. 794e(l)
</external-xref>
) by striking
<quote>
such sums as may be necessary for each
of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$18,031,000
for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="HB46CBE437C6B45F39705622280763844">
<enum>
(10)
</enum>
<text>
in section 714
(
<external-xref legal-doc="usc" parsable-cite="usc/29/796e-3">
29 U.S.C. 796e–3
</external-xref>
), by striking
<quote>
such sums as may be necessary for each
of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$23,359,000
for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="H070B77967BD8420A84A6B4EA695952A3">
<enum>
(11)
</enum>
<text>
in section 727
(
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-6">
29 U.S.C. 796f–6
</external-xref>
), by striking
<quote>
such sums as may be necessary for each
of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$79,953,000
for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
and
</text>
</paragraph>
<paragraph id="HB0B3F623BB75428AB081F61A4A62413F">
<enum>
(12)
</enum>
<text>
in section 753
(
<external-xref legal-doc="usc" parsable-cite="usc/29/7961">
29 U.S.C. 7961
</external-xref>
), by striking
<quote>
such sums as may be necessary for each of
the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$34,018,000 for
fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
.
</text>
</paragraph>
</section>
<section id="HD52F9C64DA2841949A0F43D647B6CCC2">
<enum>
514.
</enum>
<header>
Conforming
amendments
</header>
<text display-inline="no-display-inline">
Section 1(b) of the
Rehabilitation Act of 1973 is amended—
</text>
<paragraph id="H74CB25F5A5014545982656175E745D9D">
<enum>
(1)
</enum>
<text>
by inserting after
the item relating to section 109 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2E0550D7D0E74283BDA095BECA0D84B3" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 109A. Collaboration with
industry.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H1CF2171807914F6E8D8917173EA54578">
<enum>
(2)
</enum>
<text>
by inserting after
the item relating to section 110 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H42F76523140D4951BB00A58D20DA0DD5" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 110A. Reservation for expanded
transition services.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="HFB0ED671F14549E3B8B8E6B71EE7AE23">
<enum>
(3)
</enum>
<text>
by striking the
item related to section 304 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H820E868DE9DE4B1AADF4E840854D94C6" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 304. Measuring of project outcomes
and performance.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HEC11243BC5A04217B9E7476D3BEE20AB">
<enum>
(4)
</enum>
<text>
by striking the
items related to sections 305 and 306; and
</text>
</paragraph>
<paragraph id="H1692EA4A9CC24A4998D9CFC6F1D57DD5">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
by striking the items related to title
VI.
</text>
</paragraph>
</section>
</title>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 803 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Ms. Foxx (for herself, Mr. Kline , Mr. Roe of Tennessee , Mr. Rokita , Mr. McKeon , Mr. Marchant , Mr. Salmon , Mr. Guthrie , Mr. DesJarlais , Mr. Bucshon , Mr. Heck of Nevada , Mrs. Brooks of Indiana , Mr. Messer , Mrs. Ellmers , and Mr. Stivers ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on the Judiciary , Agriculture , Veterans’ Affairs , Energy and Commerce , and Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more competitive in the 21st century.
1. Short title This Act may be cited as the Supporting Knowledge and Investing in Lifelong Skills Act or the SKILLS Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Effective date. Title I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998 Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 102. Purpose. Sec. 103. State workforce investment boards. Sec. 104. State plan. Sec. 105. Local workforce investment areas. Sec. 106. Local workforce investment boards. Sec. 107. Local plan. Sec. 108. Establishment of one-stop delivery system. Sec. 109. Identification of eligible providers of training services. Sec. 110. General authorization. Sec. 111. State allotments. Sec. 112. Within State allocations. Sec. 113. Use of funds for employment and training activities. Sec. 114. Performance accountability system. Sec. 115. Authorization of appropriations. Subtitle C—Job Corps Sec. 116. Job Corps purposes. Sec. 117. Job Corps definitions. Sec. 118. Individuals eligible for the Job Corps. Sec. 119. Recruitment, screening, selection, and assignment of enrollees. Sec. 120. Job Corps centers. Sec. 121. Program activities. Sec. 122. Counseling and job placement. Sec. 123. Support. Sec. 124. Operations. Sec. 125. Community participation. Sec. 126. Workforce councils. Sec. 127. Technical assistance. Sec. 128. Special provisions. Sec. 129. Performance accountability management. Sec. 130. Closure of low-performing Job Corps centers. Sec. 131. Reforms for opening new Job Corps centers. Subtitle D—National Programs Sec. 132. Technical assistance. Sec. 133. Evaluations. Subtitle E—Administration Sec. 134. Requirements and restrictions. Sec. 135. Prompt allocation of funds. Sec. 136. Fiscal controls; sanctions. Sec. 137. Reports to Congress. Sec. 138. Administrative provisions. Sec. 139. State legislative authority. Sec. 140. General program requirements. Sec. 141. Department Staff. Subtitle F—State Unified Plan Sec. 142. State unified plan. Title II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Amendment. Title III—AMENDMENTS TO THE WAGNER-PEYSER ACT Sec. 301. Amendments to the Wagner-Peyser Act. Title IV—REPEALS AND CONFORMING AMENDMENTS Sec. 401. Repeals. Sec. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Sec. 403. Amendments to the Food and Nutrition Act of 2008. Sec. 404. Amendments to section 412 of the Immigration and Nationality Act. Sec. 405. Amendments relating to the Second Chance Act of 2007. Sec. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968. Sec. 407. H–1B nonimmigrant petitioner account. Sec. 408. Conforming amendments to the United States Code. Sec. 409. Conforming amendment to table of contents. Title V—AMENDMENTS TO THE REHABILITATION ACT OF 1973 Sec. 501. Findings. Sec. 502. Rehabilitation services administration. Sec. 503. Definitions. Sec. 504. State plan. Sec. 505. Scope of services. Sec. 506. Standards and indicators. Sec. 507. Collaboration with industry. Sec. 508. Reservation for expanded transition services. Sec. 509. Client assistance program. Sec. 510. Title III amendments. Sec. 511. Repeal of title VI. Sec. 512. Chairperson. Sec. 513. Authorizations of appropriations. Sec. 514. Conforming amendments. 3. References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 ( 29 U.S.C. 9201 et seq. ). 4. Effective date Except as otherwise provided, this Act and the amendments made by this Act shall be effective with respect to fiscal year 2014 and succeeding fiscal years. I AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998 A Workforce Investment Definitions 101. Definitions Section 101 ( 29 U.S.C. 2801 ) is amended— (1) by striking paragraphs (13) and (24); (2) by redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14) through (23) as paragraphs (15) through (24), respectively; (3) by striking paragraphs (52) and (53); (4) by inserting after In this title: the following new paragraphs: (1) Accrued expenditures The term accrued expenditures means charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; services performed by employees, contractors, subgrantees, subcontractors, and other payees; and other amounts becoming owed under programs assisted under this title for which no current services or performance is required, such as annuities, insurance claims, and other benefit payments. (2) Administrative costs The term administrative costs means expenditures incurred by State and local workforce investment boards, direct recipients (including State grant recipients under subtitle B and recipients of awards under subtitles C and D), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under this title which are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and non-personnel and both direct and indirect. ; (5) in paragraph (3) (as so redesignated), by striking Except in sections 127 and 132, the and inserting The ; (6) by amending paragraph (5) (as so redesignated) to read as follows: (5) Area career and technical education school The term area career and technical education school has the meaning given the term in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(3)). ; (7) in paragraph (6) (as so redesignated), by inserting (or such other level as the Governor may establish) after 8th grade level ; (8) in paragraph (10)(C) (as so redesignated), by striking not less than 50 percent of the cost of the training and inserting a significant portion of the cost of training, as determined by the local board (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board determines to be appropriate ; (9) in paragraph (11) (as so redesignated)— (A) in subparagraph (A)(ii)(II), by striking section 134(c) and inserting section 121(e) ; (B) in subparagraph (B)(iii)— (i) by striking 134(d)(4) and inserting 134(c)(4) ; and (ii) by striking intensive services described in section 134(d)(3) and inserting work ready services described in section 117(d)(5)(C) ; (C) in subparagraph (C), by striking or after the semicolon; (D) in subparagraph (D), by striking the period and inserting ; or ; and (E) by adding at the end the following: (E) (i) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or (ii) is the spouse of a member of the Armed Forces on active duty who meets the criteria described in paragraph (12)(B). ; (10) in paragraph (12)(A) (as redesignated)— (A) by striking and after the semicolon and inserting or ; (B) by striking (A) and inserting (A)(i) ; and (C) by adding at the end the following: (ii) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; and ; (11) in paragraph (13) (as so redesignated), by inserting or regional after local each place it appears; (12) in paragraph (14) (as so redesignated)— (A) in subparagraph (A), by striking section 122(e)(3) and inserting section 122 ; (B) by striking subparagraph (B), and inserting the following: (B) work ready services, means a provider who is identified or awarded a contract as described in section 117(d)(5)(C); or ; and (C) by striking subparagraph (C); (13) in paragraph (15) (as so redesignated), by striking adult or dislocated worker and inserting individual ; (14) in paragraph (25)— (A) in subparagraph (B), by striking higher of— and all that follows through clause (ii) and inserting poverty line for an equivalent period; ; (B) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and (C) by inserting after subparagraph (C) the following: (D) receives or is eligible to receive free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); ; (15) in paragraph (32), by striking the Republic of the Marshall Islands, the Federated States of Micronesia, ; (16) by amending paragraph (33) to read as follows: (33) Out-of-school youth The term out-of-school youth means— (A) an at-risk youth who is a school dropout; or (B) an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed. . (17) in paragraph (38), by striking 134(a)(1)(A) and inserting 134(a)(1)(B) ; (18) by amending paragraph (49) to read as follows: (49) Veteran The term veteran has the same meaning given the term in section 2108(1) of title 5, United States Code. ; (19) by amending paragraph (50) to read as follows: (50) Career and technical education The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ; (20) in paragraph (51) by striking , and a youth activity ; and (21) by adding at the end the following: (52) At-risk youth Except as provided in subtitle C, the term at-risk youth means an individual who— (A) is not less than age 16 and not more than age 24; (B) is a low-income individual; and (C) is an individual who is one or more of the following: (i) a secondary school dropout; (ii) a youth in foster care (including youth aging out of foster care); (iii) a youth offender; (iv) a youth who is an individual with a disability; or (v) a migrant youth. (53) Industry or sector partnership The term industry or sector partnership means a partnership of a State or local board and one or more industries and other entities that have the capability to help the State or local board determine the immediate and long term skilled workforce needs of in-demand industries and other occupations important to the State or local economy, respectively. (54) Industry-recognized credential The term industry-recognized credential means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring. (55) Recognized postsecondary credential The term ‘recognized postsecondary credential’ means a credential awarded by a training provider or postsecondary educational institution based on completion of all requirements for a program of study, including coursework or tests or other performance evaluations. The term includes an industry-recognized credential, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree. . B Statewide and Local Workforce Investment Systems 102. Purpose Section 106 ( 29 U.S.C. 2811 ) is amended by adding at the end the following: It is also the purpose of this subtitle to provide workforce investment activities in a manner that enhances employer engagement, promotes customer choices in the selection of training services, and ensures accountability in the use of the taxpayer funds. . 103. State workforce investment boards Section 111 ( 29 U.S.C. 2821 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B) (as so redesignated)— (I) by amending clause (i)(I), by striking section 117(b)(2)(A)(i) and inserting section 117(b)(2)(A) ; (II) by amending clause (i)(II) to read as follows: (II) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the State economy; and ; (III) by striking clause (iii) and inserting the following: (iii) a State agency official responsible for economic development; and ; (IV) by striking clauses (iv) through (vi); (V) by amending clause (vii) to read as follows: (vii) such other representatives and State agency officials as the Governor may designate, including— (I) members of the State legislature; (II) representatives of individuals and organizations that have experience with respect to youth activities; (III) representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community-based organizations within the State; (IV) representatives of the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners; or (V) representatives of veterans service organizations; and ; and (VI) by redesignating clause (vii) (as so amended) as clause (iv); and (B) by amending paragraph (3) to read as follows: (3) Majority A 2/3 majority of the members of the board shall be representatives described in paragraph (1)(B)(i). ; (2) in subsection (c), by striking (b)(1)(C)(i) and inserting (b)(1)(B)(i) ; (3) by amending subsection (d) to read as follows: (d) Functions The State board shall assist the Governor of the State as follows: (1) State plan Consistent with section 112, develop a State plan. (2) Statewide workforce development system Review and develop statewide policies and programs in the State in a manner that supports a comprehensive Statewide workforce development system that will result in meeting the workforce needs of the State and its local areas. Such review shall include determining whether the State should consolidate additional programs into the Workforce Investment Fund in accordance with section 501(e). (3) Workforce and labor market information system Develop a statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act, which may include using existing information conducted by the State economic development entity or related entity in developing such system. (4) Employer engagement Develop strategies across local areas that meet the needs of employers and support economic growth in the State by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (5) Designation of local areas Designate local areas as required under section 116. (6) One-stop delivery system Identify and disseminate information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies. (7) Program oversight Conduct the following program oversight: (A) Reviewing and approving local plans under section 118. (B) Ensuring the appropriate use and management of the funds provided for State employment and training activities authorized under section 134. (C) Preparing an annual report to the Secretary described in section 136(d). (8) Development of performance measures Develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, as described under section 136(b). ; (4) by striking subsection (e) and redesignating subsection (f) as subsection (e); (5) in subsection (e) (as so redesignated), by inserting or participate in any action taken after vote ; (6) by inserting after subsection (e) (as so redesignated), the following: (f) Staff The State board may employ staff to assist in carrying out the functions described in subsection (d). ; and (7) in subsection (g), by inserting electronic means and after on a regular basis through . 104. State plan Section 112 (29 U.S.C. 2822)— (1) in subsection (a)— (A) by striking 127 or ; and (B) by striking 5-year strategy and inserting 3-year strategy ; (2) in subsection (b)— (A) by amending paragraph (4) to read as follows: (4) information describing— (A) the economic conditions in the State; (B) the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy; (C) the knowledge and skills of the workforce in the State; and (D) workforce development activities (including education and training) in the State; ; (B) by amending paragraph (7) to read as follows: (7) a description of the State criteria for determining the eligibility of training providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training programs relate to occupations that are in-demand; ; (C) by amending paragraph (8) to read as follows: (8) (A) a description of the procedures that will be taken by the State to assure coordination of, and avoid duplication among, the programs and activities identified under section 501(b)(2); and (B) a description of common data collection and reporting processes used for the programs and activities described in subparagraph (A), which are carried out by one-stop partners, including— (i) assurances that such processes use quarterly wage records for performance measures described in section 136(b)(2)(A) that are applicable to such programs or activities; or (ii) if such wage records are not being used for the performance measures, an identification of the barriers to using such wage records and a description of how the State will address such barriers within one year of the approval of the plan; ; (D) in paragraph (9), by striking , including comment by representatives of businesses and representatives of labor organizations, ; (E) in paragraph (11), by striking under sections 127 and 132 and inserting under section 132 ; (F) by striking paragraph (12); (G) by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively; (H) in paragraph (12) (as so redesignated), by striking 111(f) and inserting 111(e) ; (I) in paragraph (13) (as so redesignated), by striking 134(c) and inserting 121(e) ; (J) in paragraph (14) (as so redesignated), by striking 116(a)(5) and inserting 116(a)(4) ; (K) in paragraph (16) (as so redesignated)— (i) in subparagraph (A)— (I) in clause (ii), by striking to dislocated workers ; (II) in clause (iii), by striking 134(d)(4) and inserting 134(c)(4) ; (III) by striking and at the end of clause (iii); (IV) by amending clause (iv) to read as follows: (iv) how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. )), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled and homeless veterans), and Native Americans; and ; and (V) by adding at the end the following new clause: (v) how the State will— (I) consistent with section 188 and Executive Order 13217 ( 42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and (II) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; ; and (ii) in subparagraph (B), by striking to the extent practicable and inserting in accordance with the requirements of the Jobs for Veterans Act ( Public Law 107–288 ) and the amendments made by such Act ; and (L) by striking paragraph (17) (as so redesignated) and inserting the following: (17) a description of the strategies and services that will be used in the State— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the State economy; (B) to meet the needs of employers in the State; and (C) to better coordinate workforce development programs with economic development activities; (18) a description of how the State board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; (B) to address the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the State economy, and (C) to address critical skill gaps within and across industries; (19) a description of how the State will utilize technology to facilitate access to services in remote areas, which may be used throughout the State; (20) a description of the State strategy and assistance to be provided for encouraging regional cooperation within the State and across State borders, as appropriate; (21) a description of the actions that will be taken by the State to foster communication, coordination, and partnerships with non-profit organizations (including public libraries, community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, to enhance the quality and comprehensiveness of services available to participants under this title; (22) a description of the process and methodology for determining— (A) one-stop partner program contributions for the cost of the infrastructure of one-stop centers under section 121(h)(1); and (B) the formula for allocating such infrastructure funds to local areas under section 121(h)(3); (23) a description of the strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the State and local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; and (24) a description of— (A) how the State will furnish employment, training, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the State to assist and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the State. ; (3) in subsection (c), by striking period, that— all that follows through paragraph (2) and inserting period, that the plan is inconsistent with the provisions of this title. ; and (4) in subsection (d), by striking 5-year and inserting 3-year . 105. Local workforce investment areas Section 116 ( 29 U.S.C. 2831 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) by striking Except as provided in subsection (b), and consistent with paragraphs (2), (3), and (4), in and inserting In ; and (II) by striking 127 or ; and (ii) by amending subparagraph (B) to read as follows: (B) Considerations In making the designation of local areas, the Governor shall take into consideration the following: (i) The extent to which such local areas are consistent with labor market areas. (ii) The extent to which labor market areas align with economic development regions. (iii) Whether such local areas have the appropriate education and training providers to meet the needs of the local workforce. (iv) The distance that individuals will need to travel to receive services provided in such local areas. ; (B) by amending paragraph (2) to read as follows: (2) Technical assistance The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1). ; (C) by striking paragraph (3) and inserting the following: (3) Designation on recommendation of state board The Governor may approve a request from any unit of general local government (including a combination of such units) for designation as a local area under paragraph (1) if the State board determines, taking into account the factors described in clauses (i) through (iv) of paragraph (1)(B), and recommends to the Governor, that such area shall be so designated. ; (D) by striking paragraph (4); and (E) by redesignating paragraph (5) as paragraph (4); (2) by amending subsection (b) to read as follows: (b) Single states Consistent with subsection (a)(1)(B), the Governor may designate a State as a single State local area for the purposes of this title. ; and (3) in subsection (c)— (A) in paragraph (1), by adding at the end the following: The State may require the local boards for the designated region to prepare a single regional plan that incorporates the elements of the local plan under section 118 and that is submitted and approved in lieu of separate local plans under such section. ; and (B) in paragraph (2), by striking employment statistics and inserting workforce and labor market information . 106. Local workforce investment boards Section 117 ( 29 U.S.C. 2832 ) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking include— and all that follows through representatives and inserting include representatives ; (II) by striking clauses (ii) through (vi); (III) by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively (and by moving the margins of such clauses 2 ems to the left); (IV) by striking clause (ii) (as so redesignated) and inserting the following: (ii) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the local economy; and ; and (V) by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting ; and ; and (ii) by amending subparagraph (B) to read as follows: (B) may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate, including— (i) a superintendent of the local secondary school system, the president or chief executive officer of a postsecondary educational institution (including a community college, where such an entity exists), or an administrator of local entities providing adult education and literacy activities; (ii) representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); or (iii) representatives of veterans service organizations. ; (B) in paragraph (4)— (i) by striking A majority and inserting A 2/3 majority ; and (ii) by striking (2)(A)(i) and inserting (2)(A) ; and (C) in paragraph (5) by striking (2)(A)(i) and inserting (2)(A) ; (2) by striking subsection (c)(1)(C); (3) by amending subsection (d) to read as follows: (d) Functions of local board The functions of the local board shall include the following: (1) Local plan Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor. (2) Workforce research and regional labor market analysis (A) In general The local board shall— (i) conduct, and regularly update, an analysis of— (I) the economic conditions in the local area; (II) the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy; (III) the knowledge and skills of the workforce in the local area; and (IV) workforce development activities (including education and training) in the local area; and (ii) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act. (B) Existing analysis A local board shall use existing analysis by the local economic development entity or related entity in order to carry out requirements of subparagraph (A)(i). (3) Employer engagement The local Board shall meet the needs of employers and support economic growth in the local area by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (4) Budget and administration (A) Budget (i) In general The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection. (ii) Training reservation In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(c)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve under this clause. (B) Administration (i) Grant recipient (I) In general The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under section 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability. (II) Designation In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I). (III) Disbursal The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board. (ii) Staff The local board may employ staff to assist in carrying out the functions described in this subsection. (iii) Grants and donations The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act. (5) Selection of operators and providers (A) Selection of one-stop operators Consistent with section 121(d), the local board, with the agreement of the chief elected official— (i) shall designate or certify one-stop operators as described in section 121(d)(2)(A); and (ii) may terminate for cause the eligibility of such operators. (B) Identification of eligible training service providers Consistent with this subtitle, the local board shall identify eligible providers of training services described in section 134(c)(4), in the local area. (C) Identification of eligible providers of work ready services If the one-stop operator does not provide the services described in section 134(c)(2) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts. (6) Program oversight The local board, in partnership with the chief elected official, shall be responsible for— (A) ensuring the appropriate use and management of the funds provided for local employment and training activities authorized under section 134(b); and (B) conducting oversight of the one-stop delivery system in the local area authorized under section 121. (7) Negotiation of local performance measures The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c). (8) Technology improvements The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including in remote areas. ; (4) in subsection (e)— (A) by inserting electronic means and after regular basis through ; and (B) by striking and the award of grants or contracts to eligible providers of youth activities, ; (5) in subsection (f)— (A) in paragraph (1)(A), by striking section 134(d)(4) and inserting section 134(c)(4) ; and (B) by striking paragraph (2) and inserting the following: (2) Work ready services, designation, or certification as one-stop operators A local board may provide work ready services described in section 134(c)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor. ; (6) in subsection (g)(1), by inserting or participate in any action taken after vote ; and (7) by striking subsections (h) and (i). 107. Local plan Section 118 (29 U.S.C. 2833) is amended— (1) in subsection (a), by striking 5-year and inserting 3-year ; (2) by amending subsection (b) to read as follows: (b) Contents The local plan shall include— (1) a description of the analysis of the local area's economic and workforce conditions conducted under section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle; (2) a description of the one-stop delivery system in the local area, including— (A) a description of how the local board will ensure— (i) the continuous improvement of eligible providers of services through the system; and (ii) that such providers meet the employment needs of local businesses and participants; and (B) a description of how the local board will facilitate access to services provided through the one-stop delivery system consistent with section 117(d)(8); (3) a description of the strategies and services that will be used in the local area— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the local economy; (B) to meet the needs of employers in the local area; (C) to better coordinate workforce development programs with economic development activities; and (D) to better coordinate workforce development programs with employment, training, and literacy services carried out by nonprofit organizations, including public libraries, as appropriate; (4) a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; (B) to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the local economy; and (C) to address critical skill gaps within and across industries; (5) a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(c)(4); (6) a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide activities, as appropriate; (7) a description of how the local area will— (A) coordinate activities with the local area’s disability community and with services provided under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(A)(i)(VIII) ) by local educational agencies serving such local area to make available comprehensive, high-quality services to individuals with disabilities; (B) consistent with section 188 and Executive Order 13217 ( 42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and (C) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; (8) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be— (A) used to measure the performance of the local area; and (B) used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area; (9) a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan; (10) a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as the Supplemental Nutrition Assistance Program), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled veterans and homeless veterans), and Native Americans; (11) an identification of the entity responsible for the disbursal of grant funds described in subclause (III) of section 117(d)(4)(B)(i), as determined by the chief elected official or the Governor under such section; (12) a description of the strategies and services that will be used in the local area to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; (13) a description of— (A) how the local area will furnish employment, training, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the local area to assist and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the local area; (14) a description of— (A) the duties assigned to the veteran employment specialist consistent with the requirements of section 134(f); (B) the manner in which the veteran employment specialist is integrated into the One-Stop Career System described in section 121; (C) the date on which the veteran employment specialist was assigned; and (D) whether the veteran employment specialist has satisfactorily competed such training by the National Veterans' Employment and Training Services Institute; and (15) such other information as the Governor may require. ; (3) in subsection (c)(1), by striking such means and inserting electronic means such ; and (4) in subsection (c)(2), by striking , including representatives of business and representatives of labor organizations, . 108. Establishment of one-stop delivery system Section 121 ( 29 U.S.C. 2841 ) is amended— (1) in subsection (b)— (A) by striking subparagraph (A) of paragraph (1) and inserting the following: (A) Roles and responsibilities of one-stop partners Each entity that carries out a program or activities described in subparagraph (B) shall— (i) provide access through the one-stop delivery system to the program and activities carried out by the entity, including making the work ready services described in section 134(c)(2) that are applicable to the program of the entity available at one-stop centers (in addition to any other appropriate locations); (ii) use a portion of the funds available to the program of the entity to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) enter into a local memorandum of understanding with the local board relating to the operation of the one-stop delivery system that meets the requirements of subsection (c); and (iv) participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the programs carried out by the entity. ; (B) in paragraph (1)(B)— (i) by striking clauses (ii), (v), and (vi); (ii) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; (iii) by redesignating clauses (vii) through (xii) as clauses (iv) through (ix), respectively; (iv) in clause (viii), as so redesignated, by striking and at the end; (v) in clause (ix), as so redesignated, by striking the period and inserting ; and ; and (vi) by adding at the end the following: (x) subject to subparagraph (C), programs authorized under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) . ; (C) by inserting after subparagraph (B) the following: (C) Determination by the governor Each entity carrying out a program described in subparagraph (B)(x) shall carry out the required partner activities described in subparagraph (A) unless the Governor of the State in which the local area is located provides the Secretary and Secretary of Health and Human Services written notice of a determination by the Governor that such entities shall not carry out such required partner activities. ; and (D) in paragraph (2)— (i) in subparagraph (A)(i), by striking section 134(d)(2) and inserting section 134(c)(2) ; and (ii) in subparagraph (B)— (I) by striking clauses (i), (ii), and (v); (II) in clause (iv), by striking and at the end; (III) by redesignating clauses (iii) and (iv) as clauses (i) and (ii), respectively; and (IV) by adding at the end the following: (iii) employment and training programs administered by the Commissioner of the Social Security Administration; (iv) employment and training programs carried out by the Administrator of the Small Business Administration; (v) employment, training, and literacy services carried out by public libraries; and (vi) other appropriate Federal, State, or local programs, including programs in the private sector. ; (2) in subsection (c)(2), by amending subparagraph (A) to read as follows: (A) provisions describing— (i) the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated through such system; (ii) how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for nontraditional employment; and (iv) the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and ; (3) in subsection (d)— (A) in the heading for paragraph (1), by striking Designation and certification and inserting Local designation and certification ; (B) in paragraph (2)— (i) by striking section 134(c) and inserting subsection (e) ; (ii) by amending subparagraph (A) to read as follows: (A) shall be designated or certified as a one-stop operator through a competitive process; and ; and (iii) in subparagraph (B), by striking clause (ii) and redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and (C) in paragraph (3), by striking vocational and inserting career and technical ; (4) by amending subsection (e) to read as follows: (e) Establishment of one-Stop delivery system (1) In general There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall— (A) provide the work ready services described in section 134(c)(2); (B) provide access to training services as described in section 134(c)(4), including serving as the point of access to career enhancement accounts for training services to participants in accordance with paragraph (4)(F) of such section; (C) provide access to the activities carried out under section 134(d), if any; (D) provide access to programs and activities carried out by one-stop partners that are described in subsection (b) of this section; and (E) provide access to the information described in section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l–2(e)). (2) One-stop delivery At a minimum, the one-stop delivery system— (A) shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than one physical center in each local area of the State; and (B) may also make programs, services, and activities described in paragraph (1) available— (i) through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and (ii) through a network of eligible one-stop partners— (I) in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically- or technologically-linked access point; and (II) that assures individuals that information on the availability of the work ready services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I). (3) Specialized centers The centers and sites described in paragraph (2) may have a specialization in addressing special needs. ; and (5) by adding at the end the following: (g) Certification of one-Stop centers (1) In general (A) In general The State board shall establish objective procedures and criteria for certifying, at least once every 3 years, one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h). (B) Criteria The criteria for certification under this subsection shall include— (i) meeting all of the expected levels of performance for each of the core indicators of performance as outlined in the State plan under section 112; (ii) meeting minimum standards relating to the scope and degree of service integration achieved by the centers involving the programs provided by the one-stop partners; and (iii) meeting minimum standards relating to how the centers ensure that eligible providers meet the employment needs of local employers and participants. (C) Effect of certification One-stop centers certified under this subsection shall be eligible to receive the infrastructure grants authorized under subsection (h). (2) Local boards Consistent with the criteria developed by the State, the local board may develop additional criteria of higher standards to respond to local labor market and demographic conditions and trends. (h) One-Stop infrastructure funding (1) Partner contributions (A) Provision of funds Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in (b)(2)(B) for a fiscal year shall be provided to the Governor by such programs to carry out this subsection. (B) Determination of governor (i) In general Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers by each partner, the costs of administration for purposes not related to one-stop centers for each partner, and other relevant factors described in paragraph (3). (ii) Special rule In those States where the State constitution places policy-making authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title II of this Act and for postsecondary career education activities authorized under the Carl D. Perkins Career and Technical Education Act, the determination described in clause (i) with respect to such programs shall be made by the Governor with the appropriate entity or official with such independent policy-making authority. (iii) Appeal by one-stop partners The Governor shall establish a procedure for the one-stop partner administering a program described in subsection (b) to appeal a determination regarding the portion of funds to be contributed under this paragraph on the basis that such determination is inconsistent with the criteria described in the State plan or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal. (C) Limitations (i) Provision from administrative funds The funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the limitations with respect to the portion of funds under such programs that may be used for administration. (ii) Federal direct spending programs Programs that are Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c)(8) ) shall not, for purposes of this paragraph, be required to provide an amount in excess of the amount determined to be equivalent to the proportionate use of the one-stop centers by such programs in the State. (2) Allocation by governor From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph (3) for the purposes of assisting in paying the costs of the infrastructure of one-stop centers certified under subsection (g). (3) Allocation formula The State board shall develop a formula to be used by the Governor to allocate the funds described in paragraph (1). The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in the local area that have been certified, the population served by such centers, and the performance of such centers. (4) Costs of infrastructure For purposes of this subsection, the term costs of infrastructure means the nonpersonnel costs that are necessary for the general operation of a one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, and equipment (including assistive technology for individuals with disabilities). (i) Other funds (1) In general In addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), or the noncash resources available under such programs shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved including— (A) infrastructure costs that are in excess of the funds provided under subsection (h); (B) common costs that are in addition to the costs of infrastructure; and (C) the costs of the provision of work ready services applicable to each program. (2) Determination and guidance The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph (1) shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide guidance to facilitate the determination of appropriate allocation of the funds and noncash resources in local areas. . 109. Identification of eligible providers of training services Section 122 ( 29 U.S.C. 2842 ) is amended to read as follows: 122. Identification of eligible providers of training services (a) Eligibility (1) In general The Governor, after consultation with the State board, shall establish criteria and procedures regarding the eligibility of providers of training services described in section 134(c)(4) to receive funds provided under section 133(b) for the provision of such training services. (2) Providers Subject to the provisions of this section, to be eligible to receive the funds provided under section 133(b) for the provision of training services, the provider shall be— (A) a postsecondary educational institution that— (i) is eligible to receive Federal funds under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); and (ii) provides a program that leads to a recognized postsecondary credential; (B) an entity that carries out programs under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); or (C) another public or private provider of a program of training services. (3) Inclusion in list of eligible providers A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be included on the list of eligible providers of training services described in subsection (d) for so long as the provider remains certified by the Secretary of Labor to carry out the programs described in paragraph (2)(B). (b) Criteria (1) In general The criteria established pursuant to subsection (a) shall take into account— (A) the performance of providers of training services with respect to the performance measures described in section 136 and other matters for which information is required under paragraph (2) and other appropriate measures of performance outcomes for those participants receiving training services under this subtitle; (B) whether the training programs of such providers relate to occupations that are in demand; (C) the need to ensure access to training services throughout the State, including in rural areas; (D) the ability of providers to offer programs that lead to a recognized postsecondary credential; (E) the information such providers are required to report to State agencies with respect to other Federal and State programs (other than the program carried out under this subtitle), including one-stop partner programs; and (F) such other factors as the Governor determines are appropriate. (2) Information The criteria established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State for purposes of carrying out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including— (A) information on recognized postsecondary credentials received by such participants; (B) information on costs of attendance for such participants; (C) information on the program completion rate for such participants; and (D) information on the performance of the provider with respect to the performance measures described in section 136 for such participants. (3) Renewal The criteria established by the Governor shall also provide for a review every 3 years and renewal of eligibility under this section for providers of training services. (4) Local criteria A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required under the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) to provide the services in the local area involved. (5) Limitation In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or eligible student in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (c) Procedures The procedures established under subsection (a) shall— (1) identify— (A) the application process for a provider of training services to become eligible to receive funds under section 133(b) for the provision of training services; and (B) the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria established under this section; and (2) establish a process for a provider of training services to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal. (d) Information To assist participants in choosing providers In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list or lists of providers determined eligible under this section in the State, including information provided under subsection (b)(2) with respect to such providers, is provided to the local boards in the State and is made available to such participants and to members of the public through the one-stop delivery system in the State. (e) Enforcement (1) In general The criteria and procedures established under this section shall provide the following: (A) Intentionally supplying inaccurate information Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services, or individual providing information on behalf of the provider, intentionally supplied inaccurate information under this section, the eligibility of such provider to receive funds under chapter 5 shall be terminated for a period of time that is not less than 2 years. (B) Substantial violations Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services substantially violated any requirement under this title, the eligibility of such provider to receive funds under the program involved shall be terminated for a period of time that is not less than 10 years. (C) Repayment A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 during a period of noncompliance described in such subparagraph. (2) Construction Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties. (f) Agreements with other states States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept career enhancement accounts provided in another State. (g) Recommendations In developing the criteria, procedures, and information required under this section, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State. (h) Opportunity To submit comments During the development of the criteria, procedures, requirements for information, and the list of eligible providers required under this section, the Governor shall provide an opportunity for interested members of the public to submit comments regarding such criteria, procedures, and information. (i) On-the-Job training or customized training exception (1) In general Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (d). (2) Collection and dissemination of information A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services. . 110. General authorization Chapter 5 of subtitle B of title I is amended— (1) by striking the heading for chapter 5 and inserting the following: Employment and training activities ; and (2) in section 131 (29 U.S.C. 2861)— (A) by striking paragraphs (1)(B) and (2)(B) of ; and (B) by striking adults, and dislocated workers, and inserting individuals . 111. State allotments Section 132 (29 U.S.C. 2862) is amended— (1) by amending subsection (a) to read as follows: (a) In general The Secretary shall— (1) reserve ½ of 1 percent of the total amount appropriated under section 137 for a fiscal year, of which— (A) 50 percent shall be used to provide technical assistance under section 170; and (B) 50 percent shall be used for evaluations under section 172; (2) reserve not more than 1 percent of the total amount appropriated under section 137 for a fiscal year to make grants to, and enter into contracts or cooperative agreements with Indian tribes, tribal organizations, Alaska-Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out employment and training activities; (3) reserve not more than 25 percent of the total amount appropriated under section 137 for a fiscal year to carry out the Jobs Corps program under subtitle C; (4) reserve not more than 3.5 percent of the total amount appropriated under section 137 for a fiscal year to— (A) make grants to State or local boards to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; and (B) provide assistance to Governors of States with an area that has suffered an emergency or a major disaster (as such terms are defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )) to provide disaster relief employment in the area. (5) from the remaining amount appropriated under section 137 for a fiscal year (after reserving funds under paragraphs (1) through (4)), make allotments in accordance with subsection (b) of this section. ; and (2) by amending subsection (b) to read as follows: (b) Workforce investment fund (1) Reservation for outlying areas (A) In general From the amount made available under subsection (a)(5) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent to provide assistance to the outlying areas. (B) Restriction The Republic of Palau shall cease to be eligible to receive funding under this subparagraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 ( Public Law 99–658 )) after the date of enactment of the SKILLS Act. (2) States (A) In general After determining the amount to be reserved under paragraph (1), the Secretary shall allot the remainder of the amount referred to in subsection (a)(5) for a fiscal year to the States pursuant to subparagraph (B) for employment and training activities and statewide workforce investment activities. (B) Formula Subject to subparagraphs (C) and (D) , of the remainder— (i) 25 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (ii) 25 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States; (iii) 25 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more; and (iv) 25 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States. (C) Minimum and maximum percentages (i) Minimum percentage The Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) fiscal year 2014, that is less than 100 percent of the allotment percentage of the State for fiscal year 2012; and (II) fiscal year 2015 and each succeeding fiscal year, that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year. (ii) Maximum percentage Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) fiscal year 2014, that is more than 130 percent of the allotment percentage of the State for fiscal year 2012; and (II) fiscal year 2015 and each succeeding fiscal year, that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year. (D) Small state minimum allotment Subject to subparagraph (C) , the Secretary shall ensure that no State shall receive an allotment under this paragraph for a fiscal year that is less than 1/5 of 1 percent of the remainder described in subparagraph (A) for the fiscal year. (E) Definitions For the purpose of the formula specified in this paragraph: (i) Allotment percentage The term allotment percentage — (I) used with respect to fiscal year 2012, means the percentage of the amounts allotted to States under title I of this Act, title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ), the Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the State involved for fiscal year 2012; and (II) used with respect to fiscal year 2014 or a succeeding fiscal year, means the percentage of the amounts allotted to States under this paragraph for the fiscal year that is received under this paragraph by the State involved for the fiscal year. (ii) Disadvantaged youth The term disadvantaged youth means an individual who is not less than age 16 and not more than age 24 who receives an income, or is a member of a family that received a total family income, that in relation to family size, does not exceed the higher of— (I) the poverty line; or (II) 70 percent of the lower living standard income level. (iii) Individual The term individual means an individual who is age 16 or older. . 112. Within State allocations Section 133 is amended— (1) by amending subsection (a) to read as follows: (a) Reservations for Statewide workforce investment activities (1) Statewide employment and training activities The Governor of a State shall reserve up to 15 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out the statewide activities described in section 134(a). (2) Statewide rapid response activities Of the amount reserved under paragraph (1) for a fiscal year, the Governor of the State shall reserve not more than 25 percent for statewide rapid response activities described in section 134(a)(4). (3) Statewide grants for individuals with barriers to employment Of the amount reserved under paragraph (1) for a fiscal year, the Governor of a State shall reserve 15 percent to carry out statewide activities described in section 134(a)(5). (4) State administrative cost limit Not more than 5 percent of the funds reserved under paragraph (1) may be used by the Governor of a State for administrative costs of carrying out the statewide activities described in section 134(a). ; (2) by amending subsection (b) to read as follows: (b) Within state allocation (1) Methods The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas, shall— (A) allocate the funds that are allotted to the State for employment and training activities and not reserved under subsection (a), in accordance with paragraph (2)(A); and (B) award the funds that are reserved by the State under subsection (a)(3) through competitive grants to eligible entities, in accordance with section 134(a)(1)(C). (2) Formula allocations for the workforce investment fund (A) Allocation In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate— (i) 25 percent on the basis described in section 132(b)(2)(B)(i); (ii) 25 percent on the basis described in section 132(b)(2)(B)(ii); (iii) 25 percent on the basis described in section 132(b)(2)(B)(iii); and (iv) 25 percent on the basis described in section 132(b)(2)(B)(iv). (B) Minimum and maximum percentages (i) Minimum percentage The State shall ensure that no local area shall receive an allocation under this paragraph for— (I) fiscal year 2014, that is less than 100 percent of the allocation percentage of the local area for fiscal year 2012; and (II) fiscal year 2015 and each succeeding fiscal year, that is less than 90 percent of the allocation percentage of the local area for the preceding fiscal year. (ii) Maximum percentage Subject to clause (i) , the State shall ensure that no local area shall receive an allocation for a fiscal year under this paragraph for— (I) fiscal year 2014, that is more than 130 percent of the allocation percentage of the local area for fiscal year 2012; and (II) fiscal year 2015 and each succeeding fiscal year, that is more than 130 percentage of the allocation percentage of the local area for the preceding fiscal year. (C) Definitions For the purpose of the formula specified in this paragraph, the term allocation percentage — (i) used with respect to fiscal year 2012, means the percentage of the amounts allocated to local areas under title I of this Act, title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ), the Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the local area involved for fiscal year 2012; and (ii) used with respect to fiscal year 2014 or a succeeding fiscal year, means the percentage of the amounts allocated to local areas for the fiscal year under this paragraph that is received under this paragraph by the local area involved for the fiscal year. ; (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general The Governor, may in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation. ; (B) in paragraph (2), by striking paragraph (2)(A) or (3) of subsection (b) for such activities and inserting subsection (b) for such activities ; (C) by amending paragraph (3) to read as follows: (3) Reallocations In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(2) for such activities for such prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(2) for such activities for such prior program year. ; and (D) in paragraph (4), by striking paragraph (2)(A) or (3) of ; and (4) by adding at the end the following new subsection: (d) Local administrative cost limit Of the amounts allocated to a local area under this section for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities in the local area under this chapter. . 113. Use of funds for employment and training activities Section 134 is amended— (1) by amending subsection (a) to read as follows: (a) Statewide Employment and Training Activities (1) In general (A) Distribution of statewide activities Funds reserved by a Governor for a State as described in section 133(a)(1)— (i) shall be used to carry out the statewide employment and training activities described in paragraph (2); and (ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3). (B) Statewide rapid response activities Funds reserved by a Governor for a State as described in section 133(a)(2) shall be used to carry out the statewide rapid response activities described in paragraph (4). (C) Statewide grants for individuals with barriers to employment Funds reserved by a Governor for a State as described in section 133(a)(3) shall be used to carry out the Statewide Grants for Individuals with Barriers to Employment competition described in paragraph (5). (2) Required Statewide employment and training activities A State shall use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities, which shall include— (A) disseminating the State list of eligible providers of training described in section 122(d), information identifying eligible providers of on-the-job training and customized training described in section 122(i), and performance information and program cost information described in section 122(b)(2); (B) supporting the provision of work ready services described in subsection (c)(2) in the one-stop delivery system; (C) implementing strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, recognized postsecondary credentials, and employment experience to succeed in the labor market; (D) conducting evaluations under section 136(e) of activities authorized under this chapter in coordination with evaluations carried out by the Secretary under section 172; (E) providing technical assistance to local areas that fail to meet local performance measures; (F) operating a fiscal and management accountability system under section 136(f); and (G) carrying out monitoring and oversight of activities carried out under this chapter. (3) Allowable statewide employment and training activities A State may use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities which may include— (A) implementing innovative programs and strategies designed to meet the needs of all employers in the State, including small employers, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnerships, career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title; (B) providing incentive grants to local areas for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)), for local coordination of activities carried out under this Act, and for exemplary performance by local areas on the local performance measures; (C) developing strategies for effectively integrating programs and services among one-stop partners; (D) carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; (E) incorporating pay-for-performance contracting strategies as an element in funding activities under this section; (F) carrying out the State option under subsection (f)(8); and (G) carrying out other activities authorized under this section that the State determines to be necessary to assist local areas in carrying out activities described in subsection (c) or (d) through the statewide workforce investment system. (4) Statewide rapid response activities A State shall use funds reserved as described in section 133(a)(2) to carry out statewide rapid response activities, which shall include— (A) provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas; and (B) provision of additional assistance to local areas that experience disasters, mass layoffs or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas. (5) Statewide grants for individuals with barriers to employment (A) In general Of the funds reserved as described in section 133(a)(3), the Governor of a State— (i) may reserve up to 5 percent to provide technical assistance to, and conduct evaluations as described in section 136(e), of the programs and activities carried out under this paragraph; and (ii) using the remainder, shall award grants on a competitive basis to eligible entities described in subparagraph (B) to carry out employment and training programs authorized under this paragraph for individuals with barriers to employment that meet specific performance outcomes and criteria established by the Governor. (B) Eligible entity defined For purposes of this paragraph, the term eligible entity means an entity that— (i) is a— (I) local board or a consortium of local boards; (II) nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities; or (III) consortium of the entities described in subclauses (I) and (II); (ii) has a demonstrated record of placing individuals into unsubsidized employment and serving hard to serve individuals; and (iii) agrees to be reimbursed primarily on the basis of achievement of specified performance outcomes and criteria established by the Governor. (C) Grant period (i) In general A grant under this paragraph shall be awarded for a period of 1 year. (ii) Grant renewal A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph. (D) Eligible Participants To be eligible to participate in activities under this paragraph, an individual shall be a low-income individual age 16 or older or a member of a low-income family. (E) Use of Funds An eligible entity receiving a grant under this paragraph shall use such funds for activities that are designed to assist eligible participants in obtaining employment and acquiring the education and skills necessary to succeed in the labor market. (F) Applications To be eligible to receive a grant under this paragraph, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including— (i) a description of how the strategies and activities will be aligned with the State plan submitted under section 112 and the local plan submitted under section 118 with respect to the areas of the State that will be the focus of grant activities under this paragraph; (ii) a description of the educational and skills training programs and activities the eligible entity will provide to eligible participants under this paragraph; (iii) how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities; (iv) a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve the education and skills training for eligible participants; (v) a description of the populations to be served and the skill needs of those populations, and the manner in which eligible participants will be recruited and selected as participants; (vi) a description of the private, public, local, and State resources that will be leveraged, in addition to the grant funds provided for the programs and activities under this paragraph, and how the entity will ensure the sustainability of such programs and activities after grant funds are no longer available; (vii) a description of the extent of the involvement of employers in such programs and activities; (viii) a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for all individuals specified in section in 136(b)(2); (ix) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures that will be used to ensure fiscal soundness for the programs and activities provided under this paragraph; and (x) any other criteria the Governor may require. ; (2) by amending subsection (b) to read as follows: (b) Local employment and training activities Funds allocated to a local area under section 133(b)— (1) shall be used to carry out employment and training activities described in subsection (c); and (2) may be used to carry out employment and training activities described in subsection (d). ; (3) by striking subsection (c); (4) by redesignating subsections (d) and (e), as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) In general Funds allocated to a local area under section 133(b) shall be used— (A) to establish a one-stop delivery system as described in section 121(e); (B) to provide the work ready services described in paragraph (2) through the one-stop delivery system in accordance with such paragraph; and (C) to provide training services described in paragraph (4) in accordance with such paragraph. ; (B) in paragraph (2)— (i) in the heading, by striking Core services and inserting Work ready services ; (ii) in the matter preceding subparagraph (A)— (I) by striking (1)(A) and inserting (1)(B) ; (II) by striking core services and inserting work ready services ; and (III) by striking who are adults or dislocated workers ; (iii) by redesignating subparagraph (K) as subparagraph (V); (iv) by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively; (v) by inserting after subparagraph (A) the following: (B) assistance in obtaining eligibility determinations under the other one-stop partner programs through activities, where appropriate and consistent with the authorizing statute of the one-stop partner program, such as assisting in the submission of applications, the provision of information on the results of such applications, and the provision of intake services and information; ; (vi) by amending subparagraph (E), as so redesignated, to read as follows: (E) labor exchange services, including— (i) job search and placement assistance, and where appropriate, career counseling; (ii) appropriate recruitment services for employers, including small employers, in the local area, which may include services described in this subsection, including information and referral to specialized business services not traditionally offered through the one-stop delivery system; and (iii) reemployment services provided to unemployment claimants, including claimants identified as in need of such services under the worker profiling system established under section 303(j) of the Social Security Act (42 U.S.C. 503(j)); ; (vii) in subparagraph (F), as so redesignated, by striking employment statistics and inserting workforce and labor market ; (viii) in subparagraph (G), as so redesignated, by striking and eligible providers of youth activities described in section 123, ; (ix) in subparagraph (H), as so redesignated, by inserting under section 136 after local performance measures ; (x) in subparagraph (J), as so redesignated, by inserting and the administration of the work test for the unemployment compensation system after compensation ; (xi) by amending subparagraph (K), as so redesignated, to read as follows: (K) assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act and are available in the local area; ; and (xii) by inserting the following new subparagraphs after subparagraph (K), as so redesignated: (L) the provision of information from official publications of the Internal Revenue Service regarding Federal tax credits available to individuals relating to education, job training and employment; (M) comprehensive and specialized assessments of the skill levels and service needs of workers, which may include— (i) diagnostic testing and use of other assessment tools; and (ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; (N) development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant; (O) group counseling; (P) individual counseling and career planning; (Q) case management; (R) short-term pre-career services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training; (S) internships and work experience; (T) literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if such activities are not available to participants in the local area under programs administered under the Adult Education and Family Literacy Act (20 U.S.C. 2901 et seq.); (U) out-of-area job search assistance and relocation assistance; and ; and (C) by amending paragraph (3) to read as follows: (3) Delivery of services The work ready services described in paragraph (2) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board. ; (D) in paragraph (4)— (i) by amending subparagraph (A) to read as follows: (A) In general Funds described in paragraph (1)(C) shall be used to provide training services to individuals who— (i) after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to— (I) be in need of training services to obtain or retain employment; and (II) have the skills and qualifications to successfully participate in the selected program of training services; (ii) select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the individual receiving such services are willing to commute or relocate; and (iii) who meet the requirements of subparagraph (B); ; and (ii) in subparagraph (B)(i), by striking Except and inserting Notwithstanding section 479B of the Higher Education Act of 1965 ( 20 U.S.C. 1087uu ) and except ; (iii) by amending subparagraph (D) to read as follows: (D) Training services Training services authorized under this paragraph may include— (i) occupational skills training; (ii) on-the-job training; (iii) skill upgrading and retraining; (iv) entrepreneurial training; (v) education activities leading to a regular secondary school diploma or its recognized equivalent in combination with, concurrently or subsequently, occupational skills training; (vi) adult education and literacy activities provided in conjunction with other training authorized under this subparagraph; (vii) workplace training combined with related instruction; (viii) occupational skills training that incorporates English language acquisition; (ix) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; and (x) training programs operated by the private sector. ; (iv) by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and (v) in subparagraph (E) (as so redesignated)— (I) in clause (ii)— (aa) in the matter preceding subclause (I), by striking subsection (c) and inserting section 121 ; (bb) in subclause (I), by striking section 122(e) and inserting section 122(d) and by striking section 122(h) and inserting section 122(i) ; and (cc) in subclause (II), by striking subsections (e) and (h) and inserting subsection (i) ; and (II) by striking clause (iii) and inserting the following: (iii) Career enhancement accounts An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through a career enhancement account. (iv) Coordination Each local board may, through one-stop centers, coordinate career enhancement accounts with other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services. (v) Assistance Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts in obtaining funds (in addition to the funds provided under this section) from other programs and sources that will assist the individual in obtaining training services. ; and (vi) in subparagraph (F) (as so redesignated)— (I) in the subparagraph heading, by striking individual training accounts and inserting career enhancement accounts ; (II) in clause (i) by striking individual training accounts and inserting career enhancement accounts ; (III) in clause (ii)— (aa) by striking an individual training account and inserting a career enhancement account ; (bb) by striking subparagraph (F) and inserting subparagraph (E) ; (cc) in subclause (II), by striking individual training accounts and inserting career enhancement accounts ; (dd) in subclause (II) by striking or after the semicolon; (ee) in subclause (III) by striking the period and inserting ; or ; and (ff) by adding at the end the following: (IV) the local board determines that it would be most appropriate to award a contract to an institution of higher education in order to facilitate the training of multiple individuals in in-demand sectors or occupations, if such contract does not limit customer choice. ; (IV) in clause (iii), by striking adult or dislocated worker and inserting individual ; and (V) in clause (iv)— (aa) by redesignating subclause (IV) as subclause (V) and inserting after subclause (III) the following: (IV) Individuals with disabilities. ; (6) in subsection (d) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) Discretionary one-stop delivery activities (A) In general Funds allocated to a local area under section 133(b)(2) may be used to provide, through the one-stop delivery system— (i) customized screening and referral of qualified participants in training services to employers; (ii) customized employment-related services to employers on a fee-for-service basis; (iii) customer supports, including transportation and childcare, to navigate among multiple services and activities for special participant populations that face multiple barriers to employment, including individuals with disabilities; (iv) employment and training assistance provided in coordination with child support enforcement activities of the State agency carrying out subtitle D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ); (v) incorporating pay-for-performance contracting strategies as an element in funding activities under this section; (vi) activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and (vii) activities to carry out business services and strategies that meet the workforce investment needs of local area employers, as determined by the local board, consistent with the local plan under section 118. . (B) by striking paragraphs (2) and (3); and (C) by adding at the end the following: (2) Incumbent worker training programs (A) In general The local board may use funds allocated to a local area under section 133(b)(2) to carry out incumbent worker training programs in accordance with this paragraph. (B) Training activities The training programs for incumbent workers under this paragraph shall be carried out by the local area in conjunction with the employers of such workers for the purpose of assisting such workers in obtaining the skills necessary to retain employment and avert layoffs. (C) Employer match required (i) In general Employers participating in programs under this paragraph shall be required to pay a proportion of the costs of providing the training to the incumbent workers of the employers. The local board shall establish the required portion of such costs, which may include in-kind contributions. (ii) Calculation of match The wages paid by an employer to a worker while they are attending training may be included as part of the required payment of the employer. ; and (7) by adding at the end the following: (e) Priority for Placement in Private Sector Jobs In providing employment and training activities authorized under this section, the State and local board shall give priority to placing participants in jobs in the private sector. (f) Veteran employment specialist (1) In general Subject to paragraph (8), a local board shall hire and employ one or more veteran employment specialist to carry out employment, training, and placement services under this subsection in the local area served by the local board. (2) Principal duties A veteran employment specialist in a local area shall— (A) conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including— (i) conducting seminars for employers; and (ii) in conjunction with employers, conducting job search workshops, and establishing job search groups; and (B) facilitate employment, training, supportive, and placement services furnished to veterans, including disabled and homeless veterans, in the local area. (3) Hiring preference for veterans and individuals with expertise in serving veterans Subject to paragraph (8), a local board shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to carry out the services described in paragraph (2) in the local area served by the local board. In hiring an individual to serve as a veteran employment specialist, a local board shall give preference to veterans and other individuals in the following order: (A) To service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to veterans. (C) If no veteran described in subparagraph (A) or (B) is available, to any member of the Armed Forces transitioning out of military service. (D) If no veteran described in subparagraph (A), (B), or (C) is available, to any spouse of a veteran or a spouse of a member of the Armed Forces transitioning out of military service. (E) If no veteran described in subparagraph (A), (B), or (C) is available and no spouse described in paragraph (D) is available, to any other individuals with expertise in serving veterans. (4) Administration and reporting (A) In general Each veteran employment specialist shall be administratively responsible to the manager of the one-stop delivery center in the local area and shall provide, at a minimum, quarterly reports to the manager of such center and to the Director for Veterans’ Employment and Training for the State on the performance and compliance by the specialist with Federal law and regulations with respect to the— (i) principal duties and special services for veterans described in paragraph (2); and (ii) hiring preferences described in paragraph (3) for veterans and individuals with expertise in serving veterans. (B) Report to Secretary Each State shall submit to the Secretary an annual report on the qualifications used by the local board in making hiring determinations for a veteran employment specialist and the salary structure under which such specialist is compensated. (C) Report to Congress The Secretary shall submit to the Committee on Education and the Workforce and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the Senate an annual report summarizing the reports submitted under subparagraph (B), including summaries of outcomes achieved by participating veterans disaggregated by local areas. (5) Part-time employees A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this subsection on a halftime basis. (6) Training requirements Each veteran employment specialist described in paragraph (2) shall satisfactorily complete training provided by the National Veterans' Employment and Training Institute during the three-year period that begins on the date on which the employee is so assigned. (7) Specialist’s duties A full-time veteran employment specialist shall perform only duties related to the employment, training, supportive, and placement services under this subsection, and shall not perform other non-veteran-related duties if such duties detract from the specialist’s ability to perform the specialist's duties related to employment, training, and placement services under this subsection. (8) State option At the request of a local board, a State may assume the duties assigned to the local board under paragraphs (1) and (3), including the hiring and employment of one or more veteran employment specialist for placement in the local area served by the local board. . 114. Performance accountability system Section 136 ( 29 U.S.C. 2871 ) is amended— (1) in subsection (b)— (A) by amending paragraphs (1) and (2) to read as follows: (1) In general For each State, the State performance measures shall consist of— (A) (i) the core indicators of performance described in paragraph (2)(A); and (ii) additional indicators of performance (if any) identified by the State under paragraph (2)(B); and (B) a State adjusted level of performance for each indicator described in subparagraph (A). (2) Indicators of performance (A) Core indicators of performance (i) In general The core indicators of performance for the program of employment and training activities authorized under sections 132(a)(2) and 134, the program of adult education and literacy activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741), shall consist of the following indicators of performance, each disaggregated by the populations identified in the State and local plans: (I) The percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program. (II) The percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program. (III) The median earnings of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program compared to the median earnings of such participants prior to the training received under such program. (IV) The percentage and number of program participants who obtain a recognized postsecondary credential, a registered apprenticeship, an industry-recognized credential, or a regular secondary school diploma or its recognized equivalent (subject to clause (ii)), during participation in or within 1 year after exit from program. (V) The percentage and number of program participants who, during a program year— (aa) are in an education or training program that leads to a recognized postsecondary credential, a registered apprenticeship or on-the-job training program, an industry-recognized credential, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; and (bb) are achieving measurable basic skill gains toward such a credential or employment. (VI) The percentage and number of program participants who obtain unsubsidized employment in the field relating to the training services described in section 134(c)(4) that such participants received. (ii) Indicator relating to credential For purposes of clause (i)(IV), program participants who obtain a regular secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have, within 1 year after exit from the program, obtained or retained employment, have been removed from public assistance, or are in an education or training program leading to a recognized postsecondary credential. (B) Additional indicators A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle. ; and (B) in paragraph (3)— (i) in subparagraph (A)— (I) in the heading, by striking and customer satisfaction indicator ; (II) in clause (i), by striking and the customer satisfaction indicator described in paragraph (2)(B) ; (III) in clause (ii), by striking and the customer satisfaction indicator of performance, for the first 3 and inserting , for all 3 ; (IV) in clause (iii)— (aa) in the heading, by striking for first 3 years ; and (bb) by striking and the customer satisfaction indicator of performance, for the first 3 program years and inserting for all 3 program years ; (V) in clause (iv)— (aa) by striking or (v) ; (bb) by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and (cc) in subclause (I) (as so redesignated)— (AA) by striking taking into account and inserting which shall be adjusted based on ; (BB) by inserting , such as unemployment rates and job losses or gains in particular industries after economic conditions ; and (CC) by inserting , such as indicators of poor work experience, dislocation from high-wage employment, low levels of literacy or English proficiency, disability status, including the number of veterans with disabilities, and welfare dependency after program ; (VI) by striking clause (v) and redesignating clause (vi) as clause (v); and (VII) in clause (v) (as so redesignated), (aa) by striking described in clause (iv)(II) and inserting described in clause (iv)(I) ; and (bb) by striking or (v) ; and (ii) in subparagraph (B), by striking paragraph (2)(C) and inserting paragraph (2)(B) ; (2) in subsection (c)(1)(A)— (A) by amending clause (i) to read as follows: (i) the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsections, other than statewide workforce investment activities; and ; (B) in clause (ii), by striking (b)(2)(C) and inserting (b)(2)(B) ; and (C) by amending paragraph (3) to read as follows: (3) Determinations In determining such local levels of performance, the local board, the chief elected official, and the Governor shall ensure such levels are adjusted based on the specific economic characteristics (such as unemployment rates and job losses or gains in particular industries), demographic characteristics, or other characteristics of the population to be served in the local area. ; (3) in subsection (d)— (A) in paragraph (1)— (i) by striking 127 or ; and (ii) by striking and the customer satisfaction indicator each place it appears; (B) in paragraph (2)— (i) by striking subparagraphs (A), (B), and (D); (ii) by redesignating subparagraph (C) as subparagraph (A); (iii) by redesignating subparagraph (E) as subparagraph (B); (iv) in subparagraph (B), as so redesignated— (I) by striking (excluding participants who received only self-service and informational activities) ; and (II) by striking and at the end; (v) by striking subparagraph (F); (vi) by adding at the end the following: (C) with respect to each local area in the State— (i) the number of individuals who received work ready services described under section 134(c)(2) and the number of individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, where the individuals received the training, disaggregated by the type of entity that provided the training, and the amount of funds spent on each type of service; (ii) the number of individuals who successfully exited out of work ready services described under section 134(c)(2) and the number of individuals who exited out of training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and (iii) the average cost per participant of those individuals who received work ready services described under section 134(c)(2) and the average cost per participant of those individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and (E) the amount of funds spent on training services and discretionary one-stop delivery activities, disaggregated by the populations identified in the State and local plans. ; (C) in paragraph (3)(A), by striking through publication and inserting through electronic means ; and (D) by adding at the end the following: (4) Data validation In preparing the reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, to ensure the information contained in the report is valid and reliable. (5) State and local policies (A) State policies Each State that receives an allotment under section 132 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the State board and make such repository available to the public, including by electronic means. (B) Local policies Each local area that receives an allotment under section 133 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the local board and make such repository available to the public, including by electronic means. ; (4) in subsection (g)— (A) in paragraph (1)(A), by striking or (B) ; (B) in paragraph (1)(B), by striking may reduce by not more than 5 percent, and inserting shall reduce ; and (C) by striking paragraph (2) and inserting the following: (2) Funds resulting from reduced allotments The Secretary shall return to the Treasury the amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B). ; (5) in subsection (h)(1), by striking or (B) ; (6) in subsection (h)(2)— (A) in subparagraph (A), by amending the matter preceding clause (i) to read as follows: (A) In general If such failure continues for a second consecutive year, the Governor shall take corrective actions, including the development of a reorganization plan. Such plan shall— ; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (C) by inserting after subparagraph (A), the following: (B) Reduction in the amount of grant If such failure continues for a third consecutive year, the Governor of a State shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance. ; (D) in subparagraph (C)(i) (as so redesignated), by striking a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan and inserting corrective actions under subparagraphs (A) and (B) may, not later than 30 days after receiving notice of the actions, appeal to the Governor to rescind or revise such actions ; and (E) in subparagraph (D) (as so redesignated), by striking subparagraph (B) each place it appears and inserting subparagraph (C) ; (7) in subsection (i)(1)(B), by striking subsection (b)(2)(C) and inserting subsection (b)(2)(B) ; (8) in subsection (i)(1)(C), by striking (b)(3)(A)(vi) and inserting (b)(3)(A)(v) ; (9) in subsection (i)(2), by striking the activities described in section 502 concerning ; (10) in subsection (i)(3), by striking described in paragraph (1) and in the activities described in section 502 and inserting and activities described in this subsection ; and (11) by adding at the end the following new subsection: (j) Use of core indicators for other programs In addition to the programs carried out under chapter 5, and consistent with the requirements of the applicable authorizing laws, the Secretary shall use the core indicators of performance described in subsection (b)(2)(A) to assess the effectiveness of the programs described under section 121(b)(1)(B) that are carried out by the Secretary. . 115. Authorization of appropriations Section 137 ( 29 U.S.C. 2872 ) is amended to read as follows: 137. Authorization of appropriations There are authorized to be appropriated to carry out the activities described in section 132, $6,245,318,000 for fiscal year 2014 and each of the 6 succeeding fiscal years. . C Job Corps 116. Job Corps purposes Paragraph (1) of section 141 ( 29 U.S.C. 2881(1) ) is amended to read as follows: (1) to maintain a national Job Corps program for at-risk youth, carried out in partnership with States and communities, to assist eligible youth to connect to the workforce by providing them with intensive academic, career and technical education, and service-learning opportunities, in residential and nonresidential centers, in order for such youth to obtain regular secondary school diplomas and recognized postsecondary credentials leading to successful careers in in-demand industries that will result in opportunities for advancement; . 117. Job Corps definitions Section 142 (29 U.S.C. 2882) is amended— (1) in paragraph (2)— (A) in the paragraph heading, by striking Applicable ; (B) by striking applicable ; (C) by striking customer service ; and (D) by striking intake and inserting assessment ; (2) in paragraph (4), by striking before completing the requirements and all that follows and inserting prior to becoming a graduate. ; and (3) in paragraph (5), by striking has completed the requirements and all that follows and inserting the following: who, as a result of participation in the Job Corps program, has received a regular secondary school diploma, completed the requirements of a career and technical education and training program, or received, or is making satisfactory progress (as defined under section 484(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(c) ) toward receiving, a recognized postsecondary credential, including an industry-recognized credential that prepares individuals for employment leading to economic self-sufficiency. . 118. Individuals eligible for the Job Corps Section 144 ( 29 U.S.C. 2884 ) is amended— (1) by amending paragraph (1) to read as follows: (1) not less than age 16 and not more than age 24 on the date of enrollment; ; (2) in paragraph (3)(B), by inserting secondary before school ; and (3) in paragraph (3)(E), by striking vocational and inserting career and technical education and . 119. Recruitment, screening, selection, and assignment of enrollees Section 145 ( 29 U.S.C. 2885 ) is amended— (1) in subsection (a)— (A) in paragraph (2)(C)(i) by striking vocational and inserting career and technical education and training ; and (B) in paragraph (3)— (i) by striking To the extent practicable, the and inserting The ; (ii) in subparagraph (A)— (I) by striking applicable ; and (II) by inserting and after the semicolon; (iii) by striking subparagraphs (B) and (C); and (iv) by adding at the end the following: (B) organizations that have a demonstrated record of effectiveness in placing at-risk youth into employment. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting and agrees to such rules after failure to observe the rules ; and (ii) by amending subparagraph (C) to read as follows: (C) the individual has passed a background check conducted in accordance with procedures established by the Secretary, which shall include— (i) a search of the State criminal registry or repository in the State where the individual resides and each State where the individual previously resided; (ii) a search of State-based child abuse and neglect registries and databases in the State where the individual resides and each State where the individual previously resided; (iii) a search of the National Crime Information Center; (iv) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (v) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.). ; and (B) by adding at the end the following new paragraph: (3) Individuals convicted of a crime An individual shall be ineligible for enrollment if the individual— (A) makes a false statement in connection with the criminal background check described in paragraph (1)(C); (B) is registered or is required to be registered on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq. ); or (C) has been convicted of a felony consisting of— (i) homicide; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) a crime involving rape or sexual assault; or (v) physical assault, battery, or a drug-related offense, committed within the past 5 years. ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking 2 years and inserting year ; and (ii) by striking an assignment and inserting a ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking , every 2 years, ; (ii) in subparagraph (B), by striking and at the end; and (iii) in subparagraph (C)— (I) by inserting the education and training after including ; and (II) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) the performance of the Job Corps center relating to the indicators described in paragraphs (1) and (2) in section 159(c), and whether any actions have been taken with respect to such center pursuant to section 159(f). ; and (4) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking is closest to the home of the enrollee, except that the and inserting offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The ; (ii) by striking subparagraph (A); and (iii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in paragraph (2), by inserting that offers the career and technical education and training desired by after home of the enrollee . 120. Job Corps centers Section 147 (29 U.S.C. 2887) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A), by striking vocational both places it appears and inserting career and technical ; and (ii) in subparagraph (B)— (I) by striking may and inserting shall ; (II) by inserting that resides in the State in which the Jobs Corps center is located before to provide ; and (III) by inserting before the period at the end the following: , as appropriate ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253 ) and inserting subsections (a) and (b) of section 3304 of title 41, United States Code ; and (II) by striking industry council and inserting workforce council ; (ii) in subparagraph (B)(i)— (I) by amending subclause (II) to read as follows: (II) the ability of the entity to offer career and technical education and training that the workforce council proposes under section 154(c); ; (II) in subclause (III), by striking is familiar with the surrounding communities, applicable and inserting demonstrates relationships with the surrounding communities, employers, workforce boards, and by striking and at the end; (III) by amending subclause (IV) to read as follows: (IV) the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity’s demonstrated effectiveness in assisting individuals in achieving the primary and secondary indicators of performance described in paragraphs (1) and (2) of section 159(c); and ; and (IV) by adding at the end the following new subclause: (V) the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including by providing them with intensive academic, and career and technical education and training. ; and (iii) in subparagraph (B)(ii), by striking , as appropriate ; (2) in subsection (b), by striking In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps. ; (3) by amending subsection (c) to read as follows: (c) Civilian conservation centers (1) In general The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall adhere to all the provisions of this subtitle, and shall provide, in addition to education, career and technical education and training, and workforce preparation skills training described in section 148, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest. (2) Selection process The Secretary shall select an entity that submits an application under subsection (d) to operate a Civilian Conservation Center on a competitive basis, as provided in subsection (a). ; and (4) by striking subsection (d) and inserting the following: (d) Application To be eligible to operate a Job Corps center under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of the program activities that will be offered at the center, including how the career and technical education and training reflect State and local employment opportunities, including in in-demand industries; (2) a description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment upon completion of the program; (3) a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment, including past performance of operating a Job Corps center under this subtitle; (4) a description of the relationships that the entity has developed with State and local workforce boards, employers, State and local educational agencies, and the surrounding communities in an effort to promote a comprehensive statewide workforce investment system; (5) a description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a); (6) a description of the strategies and policies the entity will utilize to reduce participant costs; (7) a detailed budget of the activities that will be supported using funds under this subtitle; (8) a detailed budget of the activities that will be supported using funds from non-Federal resources; (9) an assurance the entity will comply with the administrative cost limitation included in section 151(c); (10) an assurance the entity is licensed to operate in the State in which the center is located; and (11) an assurance the entity will comply with and meet basic health and safety codes, including those measures described in section 152(b). (e) Length of agreement The agreement described in subsection (a)(1)(A) shall be for not longer than a 2-year period. The Secretary may renew the agreement for 3 one-year periods if the entity meets the requirements of subsection (f). (f) Renewal (1) In general Subject to paragraph (2), the Secretary may renew the terms of an agreement described in subsection (a)(1)(A) for an entity to operate a Job Corps center if the center meets or exceeds each of the indicators of performance described in section 159(c)(1). (2) Recompetition (A) In general Notwithstanding paragraph (1), the Secretary shall not renew the terms of the agreement for an entity to operate a Job Corps center if such center is ranked in the bottom quintile of centers described in section 159(f)(2) for any program year. Such entity may submit a new application under subsection (d) only if such center has shown significant improvement on the indicators of performance described in section 159(c)(1) over the last program year. (B) Violations The Secretary shall not select an entity to operate a Job Corps center if such entity or such center has been found to have a systemic or substantial material failure that involves— (i) a threat to the health, safety, or civil rights of program participants or staff; (ii) the misuse of funds received under this subtitle; (iii) loss of legal status or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds; (iv) failure to meet any other Federal or State requirement that the entity has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified; or (v) an unresolved area of noncompliance. (g) Current grantees Not later than 60 days after the date of enactment of the SKILLS Act and notwithstanding any previous grant award or renewals of such award under this subtitle, the Secretary shall require all entities operating a Job Corps center under this subtitle to submit an application under subsection (d) to carry out the requirements of this section. . 121. Program activities Section 148 (29 U.S.C. 2888) is amended— (1) by amending subsection (a) to read as follows: (a) Activities provided through job corps centers (1) In General Each Job Corps center shall provide enrollees with an intensive, well-organized, and supervised program of education, career, and technical education and training, work experience, recreational activities, physical rehabilitation and development, and counseling. Each Job Corps center shall provide enrollees assigned to the center with access to work-ready services described in section 134(c)(2). (2) Relationship to opportunities (A) In general The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment— (i) secure and maintain meaningful unsubsidized employment; (ii) complete secondary education and obtain a regular secondary school diploma; (iii) enroll in and complete postsecondary education or training programs, including obtaining recognized postsecondary credentials, industry-recognized credentials, and registered apprenticeships; or (iv) satisfy Armed Forces requirements. (B) Link to employment opportunities The career and technical education and training provided shall be linked to the employment opportunities in in-demand industries in the State in which the Job Corps center is located. ; and (2) in subsection (b)— (A) in the subsection heading, by striking Education and Vocational and inserting Academic and Career and Technical Education and ; (B) by striking may after The Secretary and inserting shall ; and (C) by striking vocational each place it appears and inserting career and technical ; and (3) by amending paragraph (3) of subsection (c) to read as follows: (3) Demonstration Each year, any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that— (A) participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and (B) such operator has met or exceeded the indicators of performance described in paragraphs (1) and (2) of section 159(c) for the previous year. . 122. Counseling and job placement Section 149 (29 U.S.C. 2889) is amended— (1) in subsection (a), by striking vocational and inserting career and technical education and ; (2) in subsection (b), by striking make every effort to arrange to ; and (3) by striking subsection (d). 123. Support Subsection (b) of section 150 (29 U.S.C. 2890) is amended to read as follows: (b) Transition allowances and support for graduates The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of a recognized postsecondary credential, including an industry-recognized credential. . 124. Operations Section 151 ( 29 U.S.C. 2891 ) is amended— (1) in the header, by striking Operating plan . and inserting Operations . ; (2) in subsection (a), by striking In General. — and inserting Operating Plan. — ; (3) by striking subsection (b) and redesignating subsection (c) as subsection (b); (4) by amending subsection (b) (as so redesignated)— (A) in the heading by inserting of Operating Plan after Availability ; and (B) by striking subsections (a) and (b) and inserting subsection (a) ; and (5) by adding at the end the following new subsection: (c) Administrative costs Not more than 10 percent of the funds allotted under section 147 to an entity selected to operate a Job Corps center may be used by the entity for administrative costs under this subtitle. . 125. Community participation Section 153 (29 U.S.C. 2893) is amended to read as follows: 153. Community participation The director of each Job Corps center shall encourage and cooperate in activities to establish a mutually beneficial relationship between Job Corps centers in the State and nearby communities. Such activities may include the use of any local workforce development boards established under section 117 to provide a mechanism for joint discussion of common problems and for planning programs of mutual interest. . 126. Workforce councils Section 154 (29 U.S.C. 2894) is amended to read as follows: 154. Workforce councils (a) In general Each Job Corps center shall have a workforce council appointed by the Governor of the State in which the Job Corps center is located. (b) Workforce council composition (1) In General A workforce council shall be comprised of— (A) business members of the State board described in section 111(b)(1)(B)(i); (B) business members of the local boards described in section 117(b)(2)(A) located in the State; (C) a representative of the State board described in section 111(f); and (D) such other representatives and State agency officials as the Governor may designate. (2) Majority A 2/3 majority of the members of the workforce council shall be representatives described in paragraph (1)(A). (c) Responsibilities The responsibilities of the workforce council shall be— (1) to review all the relevant labor market information, including related information in the State plan described in section 112, to— (A) determine the in-demand industries in the State in which enrollees intend to seek employment after graduation; (B) determine the skills and education that are necessary to obtain the employment opportunities described in subparagraph (A); and (C) determine the type or types of career and technical education and training that will be implemented at the center to enable the enrollees to obtain the employment opportunities; and (2) to meet at least once a year to reevaluate the labor market information, and other relevant information, to determine any necessary changes in the career and technical education and training provided at the center. . 127. Technical assistance Section 156 is amended to read as follows: 156. Technical assistance to centers (a) In general From the funds reserved under section 132(a)(3), the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for the Job Corps program for the purposes of improving program quality. (b) Activities In providing training and technical assistance and for allocating resources for such assistance, the Secretary shall— (1) assist entities, including those entities not currently operating a Job Corps center, in developing the application described in section 147(d); (2) assist Job Corps centers and programs in correcting deficiencies and violations under this subtitle; (3) assist Job Corps centers and programs in meeting or exceeding the indicators of performance described in paragraph (1) and (2) of section 159(c); and (4) assist Job Corps centers and programs in the development of sound management practices, including financial management procedures. . 128. Special provisions Section 158 (29 U.S.C. 2989) is amended— (1) by amending paragraph (1) in subsection (c), by striking title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) and inserting chapter of 5 title 40, United States Code, ; (2) by striking subsection (e); and (3) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. 129. Performance accountability management Section 159 ( 29 U.S.C. 2899 ) is amended— (1) in the section heading, by striking Management Information and inserting Performance Accountability and Management ; and (2) by striking subsections (c) through (g); (3) by inserting after subsection (b) the following: (c) Indicators of Performance (1) Primary indicators The annual primary indicators of performance for Job Corps centers shall include— (A) the percentage and number of enrollees who graduate from the Job Corps center; (B) the percentage and number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps center, except that such calculation shall not include enrollment in education, the military or volunteer service; (C) the percentage and number of graduates who obtained a recognized postsecondary credential, including an industry-recognized credential or a registered apprenticeship; and (D) the cost per successful performance outcome, which is calculated by comparing the number of graduates who were placed in unsubsidized employment or obtained a recognized credential, including an industry-recognized credential, to total program costs, including all operations, construction, and administration costs at each Job Corp center. (2) Secondary indicators The annual secondary indicators of performance for Job Corps centers shall include— (A) the percentage and number of graduates who entered unsubsidized employment not related to the career and technical education and training received through the Job Corps center; (B) the percentage and number of graduates who entered into postsecondary education; (C) the percentage and number of graduates who entered into the military; (D) the average wage of graduates who are in unsubsidized employment— (i) on the first day of employment; and (ii) 6 months after the first day; (E) the number and percentage of graduates who entered unsubsidized employment and were retained in the unsubsidized employment— (i) 6 months after the first day of employment; and (ii) 12 months after the first day of employment; (F) the percentage and number of enrollees compared to the percentage and number of enrollees the Secretary has established targets in section 145(c)(1); (G) the cost per training slot, which is calculated by comparing the program’s maximum number of students that can be enrolled in a Job Corps center at any given time during the program year to the number of enrollees in the same program year; and (H) the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b). (3) Indicators of performance for recruiters The annual indicators of performance for recruiters shall include the measurements described in subparagraph (A) of paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2). (4) Indicators of performance of career transition service providers The annual indicators of performance of career transition service providers shall include the measurements described in subparagraphs (B) and (C) of paragraph (1) and subparagraphs, (B), (C), (D), and (E) of paragraph (2). (d) Additional information The Secretary shall collect, and submit in the report described in subsection (f), information on the performance of each Job Corps center, and the Job Corps program, regarding— (1) the number and percentage of former enrollees who obtained a regular secondary school diploma; (2) the number and percentage of former enrollees who entered unsubsidized employment; (3) the number and percentage of former enrollees who obtained a recognized postsecondary credential, including an industry-recognized credential; (4) the number and percentage of former enrollees who entered into military service; and (5) any additional information required by the Secretary. (e) Methods The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(i)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates. (f) Transparency and accountability (1) Report The Secretary shall collect and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education. Labor and Pensions of the Senate, as well as make available to the public by electronic means, a report containing— (A) information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (B) a comparison of each Job Corps center, by rank, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (C) a comparison of each Job Corps center, by rank, on the average performance of all primary indicators described in paragraph (1) of subsection (c); (D) information on the performance of the service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs; and (E) a comparison of each service provider, by rank, on the performance of all service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs. (2) Assessment The Secretary shall conduct an annual assessment of the performance of each Job Corps center which shall include information on the Job Corps centers that— (A) are ranked in the bottom quintile on the performance indicator described in paragraph (1)(C); or (B) have failed safety and health code violations described in subsection (g). (3) Performance improvement With respect to a Job Corps center that is identified under paragraph (2) or reports less than 50 percent on the performance indicators described in subparagraphs (A), (B), or (C) of subsection (c)(1), the Secretary shall develop and implement a 1 year performance improvement plan. Such a plan shall require action including— (A) providing technical assistance to the center; (B) changing the management staff of the center; (C) replacing the operator of the center; (D) reducing the capacity of the center; or (E) closing the center. (4) Closure of job corps centers Job Corps centers that have been identified under paragraph (2) or report less than 50 percent on the performance indicators described in subparagraphs (A), (B), or (C) of subsection (c)(1) for more than 4 consecutive years shall be closed. The Secretary shall ensure— (A) that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register and other appropriate means; and (B) the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary. (g) Participant health and safety The Secretary shall enter into an agreement with the General Services Administration or the appropriate State agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, to conduct an in-person review of the physical condition and health-related activities of each Job Corps center annually. Such review shall include a passing rate of occupancy under Federal and State ordinances. . 130. Closure of low-performing Job Corps centers Section 161 ( 29 U.S.C. 2901 ) is amended to read as follows: 161. Closure of low-performing Job Corps centers (a) Audit Not later than 3 months after the date of enactment of the SKILLS Act, the Secretary shall conduct an audit on the past 10 years of performance of Job Corps centers, including information indicating— (1) a comparison of each Job Corps center, by rank, on the performance indicators described in subsections (c) and (d) of section 159 (as such sections were in effect on the day before the date of enactment of the SKILLS Act); (2) a comparison of each Job Corps center, by rank, on the average performance of all performance indicators described in subsections (c) and (d) of section 159 (as such sections were in effect on the day before the date of enactment of the SKILLS Act); and (3) a listing of the centers, by rank, that have experienced the highest number of serious incidents of crimes of violence, as defined in section 16 of title 18, United States Code. (b) Recommendations Not later than 6 months after the date of enactment of the SKILLS Act, the Secretary shall submit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, which shall contain a detailed statement of the findings and conclusions from the audit described in subsection (a) , including information indicating the centers that are ranked in the bottom quintile on the performance indicators described in paragraphs (1) and (2) of subsection (a). (c) Closure Not later than 12 months after the date of enactment of the SKILLS Act, the Secretary shall close the Job Corps centers identified under subsection (b) in accordance with subparagraphs (A) and (B) of section 159(f)(4). (d) Transition The Secretary shall ensure that program participants enrolled in low-performing Job Corps centers slated for closure under this subsection receive priority placement to enroll in another center in the State or neighboring State. . 131. Reforms for opening new Job Corps centers Subtitle C of title I (29 U.S.C. 2881 et seq.) is amended by adding at the end the following: 162. Reforms for opening new Job Corps centers (a) In general The Secretary shall develop and implement specific policies and procedures governing the selection of the State and local area for construction of Job Corps centers. Such policies and procedures shall be the same across all regions, based on a needs assessment of the assignment plan described under section 145(c), and free from political favoritism, biases, or considerations. (b) Restrictions (1) Notification of congress The Secretary shall notify the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate before releasing a Request for Proposal for the designation and construction of a Job Corps center. (2) Number of centers Except as provided under paragraph (3), the Secretary shall enter into agreements with not more than 20 Job Corps centers per region, as those regions were in effect on the date of enactment of the SKILLS Act. (3) Exception The Secretary may enter into agreements with more than 20 Job Corps centers upon approval, in writing, of the Chairman and Ranking Member of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. . D National Programs 132. Technical assistance Section 170 (29 U.S.C. 2915) is amended— (1) by striking subsection (b); (2) by striking: (a) General technical assistance ; (3) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c) respectively, and moving such subsections 2 ems to the left; (4) in subsection (a) (as so redesignated)— (A) by inserting the training of staff providing rapid response services, the training of other staff of recipients of funds under this title, assistance regarding accounting and program operation practices (when such assistance would not be duplicative to assistance provided by the State), technical assistance to States that do not meet State performance measures described in section 136, after localities, ; and (B) by striking from carrying out activities and all that follows up to the period and inserting to implement the amendments made by the SKILLS Act ; (5) in subsection (b) (as so redesignated)— (A) by striking paragraph (1) and inserting subsection (a) ; (B) by striking , or recipient of financial assistance under any of sections 166 through 169, ; and (C) by striking or grant recipient ; (6) in subsection (c) (as so redesignated), by striking paragraph (1) and inserting subsection (a) ; and (7) by inserting, after subsection (c) (as so redesignated), the following: (d) Best practices coordination The Secretary shall— (1) establish a system through which States may share information regarding best practices with regard to the operation of workforce investment activities under this Act; and (2) evaluate and disseminate information regarding best practices and identify knowledge gaps. . 133. Evaluations Section 172 ( 29 U.S.C. 2917 ) is amended— (1) in subsection (a), by striking the Secretary shall provide for the continuing evaluation of the programs and activities, including those programs and activities carried out under section 171 and inserting the Secretary, through grants, contracts, or cooperative agreements, shall conduct, at least once every 5 years, an independent evaluation of the programs and activities funded under this Act ; (2) in subsection (a)(4) is amended to read as follows: (4) the impact of receiving services and not receiving services under such programs and activities on the community, businesses, and individuals; ; (3) in subsection (c) is amended to read as follows: (c) Techniques Evaluations conducted under this section shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies, quasi-experimental methods, impact analysis and the use of administrative data. The Secretary shall conduct an impact analysis, as described in subsection (a)(4), of the formula grant program under subtitle B not later than 2015, and thereafter shall conduct such an analysis not less than once every four years. ; (4) in subsection (e) is amended by striking the Committee on Labor and Human Resources of the Senate and inserting the Committee on Health, Education, Labor, and Pensions of the Senate ; and (5) by adding at the end, the following: (g) Public availability The results of the evaluations conducted under this section shall be made publicly available, including by posting such results on the Department’s website. . E Administration 134. Requirements and restrictions Section 181 ( 29 U.S.C. 2931 ) is amended— (1) in subsection (b)(6), by striking , including representatives of businesses and of labor organizations ; (2) in subsection (c)(2)(A), in the matter preceding clause (i), by striking shall and inserting may ; (3) in subsection (e)— (A) by striking training for and inserting the entry into employment, retention in employment, or increases in earnings of ; and (B) by striking subtitle B and inserting this Act ; (4) in subsection (f)(4), by striking 134(a)(3)(B) and inserting 134(a)(6) ; and (5) by adding at the end the following: (g) Salary and bonus limitation No funds provided under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Level II of the Federal Executive Pay Schedule (5 U.S.C. 5313). This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the programs. (h) General authority (1) In general The Employment and Training Administration of the U.S. Department of Labor (hereinafter in this Act referred to as the Administration ) shall administer all programs authorized under title I and III of this Act. The Administration shall be headed by an Assistant Secretary appointed by the President by and with the advice and consent of the Senate. Except for titles II and IV, the Administration shall be the principal agency, and the Assistant Secretary shall be the principal officer, of such Department for carrying out this Act. (2) Qualifications The Assistant Secretary shall be an individual with substantial experience in workforce development and in workforce development management. The Assistant Secretary shall also, to the maximum extent possible, possess knowledge and have worked in or with the State or local workforce investment system or have been a member of the business community. In the performance of the functions of the office, the Assistant Secretary shall be directly responsible to the Secretary or the Under Secretary as designed by the Secretary. The functions of the Assistant Secretary shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Assistant Secretary. Any reference in this Act to duties to be carried out by the Assistant Secretary shall be considered to be a reference to duties to be carried out by the Secretary acting through the Assistant Secretary. . 135. Prompt allocation of funds Section 182 ( 29 U.S.C. 2932 ) is amended— (1) in subsection (c), by striking 127 or ; and (2) in subsection (e)— (A) by striking sections 128 and 133 and inserting section 133 ; and (B) by striking 127 or . 136. Fiscal controls; sanctions Section 184(a)(2) ( 29 U.S.C. 2934(a)(2) ) is amended— (1) by striking (A) and all that follows through Each and inserting Each ; and (2) by striking subparagraph (B). 137. Reports to Congress Section 185 (29 U.S.C. 2935) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and after the semicolon; (B) in paragraph (3), by striking the period and inserting ; and ; and (C) by adding at the end the following: (4) shall have the option to submit or disseminate electronically any reports, records, plans, or any other data that are required to be collected or disseminated under this title. ; and (2) in subsection (e)(2), by inserting and the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, after Secretary, . 138. Administrative provisions Section 189 (29 U.S.C. 2939) is amended— (1) in subsection (g)— (A) by amending paragraph (1) to read as follows: (1) In general Appropriations for any fiscal year for programs and activities carried out under this title shall be available for obligation only on the basis of a program year. The program year shall begin on July 1 in the fiscal year for which the appropriation is made. ; and (B) in paragraph (2)— (i) by striking each State and inserting each recipient ; and (ii) by striking 171 or ; (2) in subsection (i)— (A) by striking paragraphs (2) and (3); (B) by redesignating paragraph (4) as paragraph (2); (C) by amending paragraph (2)(A), as so redesignated— (i) by striking requirements of subparagraph (B) and all that follows through any of the statutory or regulatory requirements of subtitle B and inserting requirements of subparagraph (B) or (D), any of the statutory or regulatory requirements of subtitle B ; (ii) by striking clause (ii); and (iii) in clause (i), by striking ; and and inserting a period at the end; and (D) by adding at the end the following: (D) Expedited process for extending approved waivers to additional states In lieu of the requirements of subparagraphs (B) and (C), the Secretary may establish an expedited procedure for the purpose of extending to additional States the waiver of statutory or regulatory requirements that have been approved for a State pursuant to a request under subparagraph (B). Such procedure shall ensure that the extension of such waivers to additional States are accompanied by appropriate conditions relating the implementation of such waivers. . 139. State legislative authority Section 191(a) ( 29 U.S.C. 2941(a) ) is amended— (1) by striking consistent with the provisions of this title and inserting consistent with State law and the provisions of this title ; and (2) by striking consistent with the terms and conditions required under this title and inserting consistent with State law and the terms and conditions required under this title . 140. General program requirements Section 195 (29 U.S.C. 2945) is amended— (1) in paragraph (7), by inserting at the end the following: (D) Funds received by a public or private nonprofit entity that are not described in paragraph (B), such as funds privately raised from philanthropic foundations, businesses, or other private entities, shall not be considered to be income under this title and shall not be subject to the requirements of this section. ; and (2) by adding at the end the following new paragraphs: (14) Funds provided under this title shall not be used to establish or operate stand-alone fee-for-service enterprises that compete with private sector employment agencies within the meaning of section 701(c) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(c) ), except that for purposes of this paragraph, such an enterprise does not include one-stop centers. (15) Any report required to be submitted to Congress, or to a Committee of Congress, under this title shall be submitted to both the chairmen and ranking minority members of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. . 141. Department Staff Subtitle E of title I ( 29 U.S.C. 2931 et seq. ) is amended by adding at the end the following new section: 196. Department staff The Secretary shall— (1) not later than 60 days after the date of the enactment of the SKILLS Act— (A) identify the number of Department of Labor employees who work on or administer programs under this Act, as such programs were in effect on the day before such date of enactment; and (B) publish such information on the Department’s website; (2) not later than 60 days after such date of enactment, identify the number of full-time equivalent employees who work on or administer programs authorized under this Act, as such programs were in effect on the day before such date of enactment, that have been eliminated or consolidated on or after such date; and (3) not later than 1 year after such date of enactment— (A) reduce the workforce of the Department of Labor by the number of full-time equivalent employees identified under paragraph (2); and (B) submit to Congress a report on— (i) the number of employees associated with each program authorized under this Act and administered by the Department; (ii) the number of full-time equivalent employees identified under paragraph (2); and (iii) how the Secretary reduced the number of employees at the Department under subparagraph (A) . . F State Unified Plan 142. State unified plan Section 501 (20 U.S.C. 9271) is amended— (1) by amending subsection (b) to read as follows: (b) State unified plan (1) In general A State may develop and submit to the appropriate Secretaries a State unified plan for 2 or more of the activities or programs set forth in paragraph (2). The State unified plan shall cover one or more of the activities set forth in subparagraphs (A) and (B) of paragraph (2) and may cover one or more of the activities set forth in subparagraphs (C) through (N) of paragraph (2). For purposes of this paragraph, the activities and programs described in subparagraphs (A) and (B) of paragraph (2) shall not be considered to be 2 or more activities or programs for purposes of the unified plan. Such activities or programs shall be considered to be 1 activity or program. (2) Activities and programs The activities and programs referred to in paragraph (1) are as follows: (A) Programs and activities authorized under title I. (B) Programs and activities authorized under title II. (C) Programs authorized under the Rehabilitation Act of 1973. (D) Secondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act. (E) Postsecondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act. (F) Programs and activities authorized under title II of the Trade Act of 1974. (G) National Apprenticeship Act of 1937. (H) Programs authorized under the Community Services Block Grant Act. (I) Programs authorized under the part A of title IV of the Social Security Act. (J) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law). (K) Work programs authorized under section 6(o) of the Food Stamp Act of 1977. (L) Programs and activities authorized title I of the Housing and Community Development Act of 1974. (M) Programs and activities authorized under the Public Workers and Economic Development Act of 1965. (N) Activities as defined under chapter 41 of title 38, United States Code. ; and (2) by adding at the end, the following: (e) Additional employment and training funds (1) Purpose It is the purpose of this subsection to reduce inefficiencies in the administration of federally-funded State and local employment and training programs. (2) In general In developing a State unified plan for the activities or programs described in subsection (b)(2) and subject to paragraph (4) and the State plan approval process under subsection (d), a State may propose to consolidate the amount, in whole or part, provided for the activities or programs dedicated to employment and training into the Workforce Investment Fund under section 132(b) to improve the administration of State and local employment and training programs. (3) Requirements A State with a State unified plan approved under subsection (d) for purposes of consolidation under paragraph (2) and that is carrying out such consolidation shall— (A) continue to meet the program requirements, limitations, and prohibitions of any Federal statute authorizing the activity or program consolidated into the Workforce Investment Fund; (B) meet the intent and purpose of the activity or program consolidated into the Workforce Investment Fund; and (C) continue to make reservations and allotments under subsections (a) and (b) of section 133. (4) Exceptions A State may not consolidate funds under paragraph (2) that are allocated to the State under— (A) the Carl D. Perkins Career and Technical Education Act of 2006; or (B) the Rehabilitation Act of 1973. . II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Amendment Title II ( 20 U.S.C. 2901 et seq. ) is amended to read as follows: II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Short title This title may be cited as the Adult Education and Family Literacy Education Act . 202. Purpose It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and math skills, and support States and local communities in providing, on a voluntary basis, adult education and family literacy education programs, in order to— (1) increase the literacy of adults, including the basic reading, writing, speaking, and math skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce; (2) assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution; (3) assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children’s education including, through instruction in basic reading, writing, speaking, and math skills; and (4) assist adults who are not proficient in English in improving their reading, writing, speaking, listening, comprehension, and math skills. 203. Definitions In this title: (1) Adult education and family literacy education programs The term adult education and family literacy education programs means a sequence of academic instruction and educational services below the postsecondary level that increase an individual’s ability to read, write, and speak English and perform mathematical computations leading to a level of proficiency equivalent to at least a secondary school completion that is provided for individuals— (A) who are at least 16 years of age; (B) who are not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) lack sufficient mastery of basic reading, writing, speaking, and math skills to enable the individuals to function effectively in society; (ii) do not have a secondary school diploma or its equivalent and have not achieved an equivalent level of education; or (iii) are English learners. (2) Eligible agency The term eligible agency — (A) means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and (B) may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges. (3) Eligible provider The term eligible provider means an organization of demonstrated effectiveness which is— (A) a local educational agency; (B) a community-based or faith-based organization; (C) a volunteer literacy organization; (D) an institution of higher education; (E) a public or private educational agency; (F) a library; (G) a public housing authority; (H) an institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or (I) a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H). (4) English language acquisition program The term English language acquisition program means a program of instruction— (A) designed to help English learners achieve competence in reading, writing, speaking, and comprehension of the English language; and (B) that may lead to— (i) attainment of a secondary school diploma or its recognized equivalent; (ii) transition to success in postsecondary education and training; and (iii) employment or career advancement. (5) Family literacy education program The term family literacy education program means an educational program that— (A) assists parents and students, on a voluntary basis, in achieving the purposes of this title as described in section 202; and (B) is of sufficient intensity in terms of hours and of sufficient quality to make sustainable changes in a family, is evidence-based, and, for the purpose of substantially increasing the ability of parents and children to read, write, and speak English, integrates— (i) interactive literacy activities between parents and their children; (ii) training for parents regarding how to be the primary teacher for their children and full partners in the education of their children; (iii) parent literacy training that leads to economic self-sufficiency; and (iv) an age-appropriate education to prepare children for success in school and life experiences. (6) Governor The term Governor means the chief executive officer of a State or outlying area. (7) Individual with a disability (A) In general The term individual with a disability means an individual with any disability (as defined in section 3 of the Americans with Disabilities Act of 1990). (B) Individuals with disabilities The term individuals with disabilities means more than one individual with a disability. (8) English learner The term English learner means an adult or out-of-school youth who has limited ability in reading, writing, speaking, or understanding the English language, and— (A) whose native language is a language other than English; or (B) who lives in a family or community environment where a language other than English is the dominant language. (9) Integrated Education and Training The term integrated education and training means services that provide adult education and literacy activities contextually and concurrently with workforce preparation activities and workforce training for a specific occupation or occupational cluster. Such services may include offering adult education services concurrent with postsecondary education and training, including through co-instruction. (10) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965. (11) Literacy The term literacy means an individual’s ability to read, write, and speak in English, compute, and solve problems at a level of proficiency necessary to obtain employment and to successfully make the transition to postsecondary education. (12) Local educational agency The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (13) Outlying area The term outlying area has the meaning given the term in section 101 of this Act. (14) Postsecondary educational institution The term postsecondary educational institution means— (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree; (B) a tribally controlled community college; or (C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. (15) Secretary The term Secretary means the Secretary of Education. (16) State The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (17) State educational agency The term State educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (18) Workplace literacy program The term workplace literacy program means an educational program that is offered in collaboration between eligible providers and employers or employee organizations for the purpose of improving the productivity of the workforce through the improvement of reading, writing, speaking, and math skills. 204. Home schools Nothing in this title shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, or to compel a parent engaged in home schooling to participate in adult education and family literacy education activities under this title. 205. Authorization of appropriations There are authorized to be appropriated to carry out this title, $606,294,933 for fiscal years 2014 and for each of the 6 succeeding fiscal years. A Federal Provisions 211. Reservation of funds; grants to eligible agencies; allotments (a) Reservation of funds From the sums appropriated under section 205 for a fiscal year, the Secretary shall reserve 2.0 percent to carry out section 242. (b) Grants to eligible agencies (1) In general From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g). (2) Purpose of grants The Secretary may award a grant under paragraph (1) only if the eligible agency involved agrees to expend the grant in accordance with the provisions of this title. (c) Allotments (1) Initial allotments From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224— (A) $100,000, in the case of an eligible agency serving an outlying area; and (B) $250,000, in the case of any other eligible agency. (2) Additional allotments From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas. (d) Qualifying adult For the purpose of subsection (c)(2), the term qualifying adult means an adult who— (1) is at least 16 years of age; (2) is beyond the age of compulsory school attendance under the law of the State or outlying area; (3) does not have a secondary school diploma or its recognized equivalent; and (4) is not enrolled in secondary school. (e) Special rule (1) In general From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary. (2) Termination of eligibility Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective. (f) Hold-Harmless provisions (1) In general Notwithstanding subsection (c) and subject to paragraph (2), for— (A) fiscal year 2014, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for fiscal year 2012 under this title; and (B) fiscal year 2015 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title. (2) Ratable reduction If, for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratable reduce the payments to all eligible agencies, as necessary. (g) Reallotment The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year. 212. Performance accountability system Programs and activities authorized under this title are subject to the performance accountability provisions described in paragraph (2)(A) and (3) of section 136(b) and may, at a State’s discretion, include additional indicators identified in the State plan approved under section 224. B State Provisions 221. State administration Each eligible agency shall be responsible for the following activities under this title: (1) The development, submission, implementation, and monitoring of the State plan. (2) Consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title. (3) Coordination and avoidance of duplication with other Federal and State education, training, corrections, public housing, and social service programs. 222. State distribution of funds; matching requirement (a) State distribution of funds Each eligible agency receiving a grant under this title for a fiscal year— (1) shall use an amount not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 10 percent of such amount shall be available to carry out section 225; (2) shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and (3) shall use not more than 5 percent of the grant funds, or $65,000, whichever is greater, for the administrative expenses of the eligible agency. (b) Matching requirement (1) In general In order to receive a grant from the Secretary under section 211(b), each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and family literacy education programs for which the grant is awarded, a non-Federal contribution in an amount that is not less than— (A) in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and family literacy education programs in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and (B) in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and family literacy education programs in the State. (2) Non-federal contribution An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and family literacy education programs in a manner that is consistent with the purpose of this title. 223. State leadership activities (a) In general Each eligible agency may use funds made available under section 222(a)(2) for any of the following adult education and family literacy education programs: (1) The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b). (2) The provision of technical assistance to eligible providers of adult education and family literacy education programs, including for the development and dissemination of evidence based research instructional practices in reading, writing, speaking, math, and English language acquisition programs. (3) The provision of assistance to eligible providers in developing, implementing, and reporting measurable progress in achieving the objectives of this title. (4) The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities. (5) The provision of technology assistance, including staff training, to eligible providers of adult education and family literacy education programs, including distance education activities, to enable the eligible providers to improve the quality of such activities. (6) The development and implementation of technology applications or distance education, including professional development to support the use of instructional technology. (7) Coordination with other public programs, including programs under title I of this Act, and other welfare-to-work, workforce development, and job training programs. (8) Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and family literacy education programs, for adults enrolled in such activities. (9) The development and implementation of a system to assist in the transition from adult basic education to postsecondary education. (10) Activities to promote workplace literacy programs. (11) Other activities of statewide significance, including assisting eligible providers in achieving progress in improving the skill levels of adults who participate in programs under this title. (12) Integration of literacy, instructional, and occupational skill training and promotion of linkages with employees. (b) Coordination In carrying out this section, eligible agencies shall coordinate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a). (c) State-Imposed requirements Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area. 224. State plan (a) 3-Year plans (1) In general Each eligible agency desiring a grant under this title for any fiscal year shall submit to, or have on file with, the Secretary a 3-year State plan. (2) State unified plan The eligible agency may submit the State plan as part of a State unified plan described in section 501. (b) Plan contents The eligible agency shall include in the State plan or any revisions to the State plan— (1) an objective assessment of the needs of individuals in the State or outlying area for adult education and family literacy education programs, including individuals most in need or hardest to serve; (2) a description of the adult education and family literacy education programs that will be carried out with funds received under this title; (3) an assurance that the funds received under this title will not be expended for any purpose other than for activities under this title; (4) a description of how the eligible agency will annually evaluate and measure the effectiveness and improvement of the adult education and family literacy education programs funded under this title using the indicators of performance described in section 136, including how the eligible agency will conduct such annual evaluations and measures for each grant received under this title; (5) a description of how the eligible agency will fund local activities in accordance with the measurable goals described in section 231(d); (6) an assurance that the eligible agency will expend the funds under this title only in a manner consistent with fiscal requirements in section 241; (7) a description of the process that will be used for public participation and comment with respect to the State plan, which— (A) shall include consultation with the State workforce investment board, the State board responsible for administering community or technical colleges, the Governor, the State educational agency, the State board or agency responsible for administering block grants for temporary assistance to needy families under title IV of the Social Security Act, the State council on disabilities, the State vocational rehabilitation agency, and other State agencies that promote the improvement of adult education and family literacy education programs, and direct providers of such programs; and (B) may include consultation with the State agency on higher education, institutions responsible for professional development of adult education and family literacy education programs instructors, representatives of business and industry, refugee assistance programs, and faith-based organizations; (8) a description of the eligible agency’s strategies for serving populations that include, at a minimum— (A) low-income individuals; (B) individuals with disabilities; (C) the unemployed; (D) the underemployed; and (E) individuals with multiple barriers to educational enhancement, including English learners; (9) a description of how the adult education and family literacy education programs that will be carried out with any funds received under this title will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency; (10) a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 231(c)(1), including— (A) how the State will build the capacity of community-based and faith-based organizations to provide adult education and family literacy education programs; and (B) how the State will increase the participation of business and industry in adult education and family literacy education programs; (11) an assessment of the adequacy of the system of the State or outlying area to ensure teacher quality and a description of how the State or outlying area will use funds received under this subtitle to improve teacher quality, including evidence-based professional development to improve instruction; and (12) a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs. (c) Plan revisions When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions of the State plan to the Secretary. (d) Consultation The eligible agency shall— (1) submit the State plan, and any revisions to the State plan, to the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, or outlying area for review and comment; and (2) ensure that any comments regarding the State plan by the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, and any revision to the State plan, are submitted to the Secretary. (e) Plan approval The Secretary shall— (1) approve a State plan within 90 days after receiving the plan unless the Secretary makes a written determination within 30 days after receiving the plan that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and (2) not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (3), to review the plan and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle. 225. Programs for corrections education and other institutionalized individuals (a) Program authorized From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals. (b) Uses of funds The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for— (1) basic skills education; (2) special education programs as determined by the eligible agency; (3) reading, writing, speaking, and math programs; (4) secondary school credit or diploma programs or their recognized equivalent; and (5) integrated education and training. (c) Priority Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program. (d) Definitions For purposes of this section: (1) Correctional institution The term correctional institution means any— (A) prison; (B) jail; (C) reformatory; (D) work farm; (E) detention center; or (F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Criminal offender The term criminal offender means any individual who is charged with, or convicted of, any criminal offense. C Local Provisions 231. Grants and contracts for eligible providers (a) Grants and contracts From grant funds made available under section 222(a)(1), each eligible agency shall award multi-year grants or contracts, on a competitive basis, to eligible providers within the State or outlying area that meet the conditions and requirements of this title to enable the eligible providers to develop, implement, and improve adult education and family literacy education programs within the State. (b) Local activities The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to establish or operate— (1) programs that provide adult education and literacy activities; (2) programs that provide integrated employment and training activities; or (3) credit-bearing postsecondary coursework. (c) Direct and equitable access; same process Each eligible agency receiving funds under this title shall ensure that— (1) all eligible providers have direct and equitable access to apply for grants or contracts under this section; and (2) the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area. (d) Measurable goals The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to demonstrate— (1) the eligible provider’s measurable goals for participant outcomes to be achieved annually on the core indicators of performance described in section 136(b)(2)(A); (2) the past effectiveness of the eligible provider in improving the basic academic skills of adults and, for eligible providers receiving grants in the prior year, the success of the eligible provider receiving funding under this title in exceeding its performance goals in the prior year; (3) the commitment of the eligible provider to serve individuals in the community who are the most in need of basic academic skills instruction services, including individuals with disabilities and individuals who are low-income or have minimal reading, writing, speaking, and math skills, or are English learners; (4) the program is of sufficient intensity and quality for participants to achieve substantial learning gains; (5) educational practices are evidence-based; (6) the activities of the eligible provider effectively employ advances in technology, and delivery systems including distance education; (7) the activities provide instruction in real-life contexts, including integrated education and training when appropriate, to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship; (8) the activities are staffed by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the State; (9) the activities are coordinated with other available resources in the community, such as through strong links with elementary schools and secondary schools, postsecondary educational institutions, local workforce investment boards, one-stop centers, job training programs, community-based and faith-based organizations, and social service agencies; (10) the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs; (11) the activities include a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and to monitor program performance; (12) the local communities have a demonstrated need for additional English language acquisition programs, and integrated education and training programs; (13) the capacity of the eligible provider to produce valid information on performance results, including enrollments and measurable participant outcomes; (14) adult education and family literacy education programs offer rigorous reading, writing, speaking, and math content that are evidence based; and (15) applications of technology, and services to be provided by the eligible providers, are of sufficient intensity and duration to increase the amount and quality of learning and lead to measurable learning gains within specified time periods. (e) Special rule Eligible providers may use grant funds under this title to serve children participating in family literacy programs assisted under this part, provided that other sources of funds available to provide similar services for such children are used first. 232. Local application Each eligible provider desiring a grant or contract under this title shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including— (1) a description of how funds awarded under this title will be spent consistent with the requirements of this title; (2) a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and family literacy education programs; and (3) each of the demonstrations required by section 231(d). 233. Local administrative cost limits (a) In general Subject to subsection (b), of the amount that is made available under this title to an eligible provider— (1) at least 95 percent shall be expended for carrying out adult education and family literacy education programs; and (2) the remaining amount shall be used for planning, administration, personnel and professional development, development of measurable goals in reading, writing, speaking, and math, and interagency coordination. (b) Special rule In cases where the cost limits described in subsection (a) are too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the eligible provider may negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes. D General Provisions 241. Administrative provisions Funds made available for adult education and family literacy education programs under this title shall supplement and not supplant other State or local public funds expended for adult education and family literacy education programs. 242. National activities The Secretary shall establish and carry out a program of national activities that may include the following: (1) Providing technical assistance to eligible entities, on request, to— (A) improve their fiscal management, research-based instruction, and reporting requirements to carry out the requirements of this title; (B) improve its performance on the core indicators of performance described in section 136; (C) provide adult education professional development; and (D) use distance education and improve the application of technology in the classroom, including instruction in English language acquisition for English learners. (2) Providing for the conduct of research on national literacy basic skill acquisition levels among adults, including the number of adult English learners functioning at different levels of reading proficiency. (3) Improving the coordination, efficiency, and effectiveness of adult education and workforce development services at the national, State, and local levels. (4) Determining how participation in adult education, English language acquisition, and family literacy education programs prepares individuals for entry into and success in postsecondary education and employment, and in the case of prison-based services, the effect on recidivism. (5) Evaluating how different types of providers, including community and faith-based organizations or private for-profit agencies measurably improve the skills of participants in adult education, English language acquisition, and family literacy education programs. (6) Identifying model integrated basic and workplace skills education programs, including programs for English learners coordinated literacy and employment services, and effective strategies for serving adults with disabilities. (7) Initiating other activities designed to improve the measurable quality and effectiveness of adult education, English language acquisition, and family literacy education programs nationwide. . III AMENDMENTS TO THE WAGNER-PEYSER ACT 301. Amendments to the Wagner-Peyser Act The Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) is amended by amending section 15 to read as follows: 15. Workforce and labor market information system (a) System content (1) In general The Secretary of Labor, in accordance with the provisions of this section, shall oversee the development, maintenance, and continuous improvement of a nationwide workforce and labor market information system that includes— (A) statistical data from cooperative statistical survey and projection programs and data from administrative reporting systems that, taken together, enumerate, estimate, and project employment opportunities and conditions at national, State, and local levels in a timely manner, including statistics on— (i) employment and unemployment status of national, State, and local populations, including self-employed, part-time, and seasonal workers; (ii) industrial distribution of occupations, as well as current and projected employment opportunities, wages, benefits (where data is available), and skill trends by occupation and industry, with particular attention paid to State and local conditions; (iii) the incidence of, industrial and geographical location of, and number of workers displaced by, permanent layoffs and plant closings; and (iv) employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation; (B) information on State and local employment opportunities, and other appropriate statistical data related to labor market dynamics, which— (i) shall be current and comprehensive; (ii) shall meet the needs identified through the consultations described in subparagraphs (A) and (B) of subsection (e)(2); and (iii) shall meet the needs for the information identified in section 121; (C) technical standards (which the Secretary shall publish annually) for data and information described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of chapter 35 of title 44, United States Code; (D) procedures to ensure compatibility and additivity of the data and information described in subparagraphs (A) and (B) from national, State, and local levels; (E) procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph (A) of employment-related programs; (F) analysis of data and information described in subparagraphs (A) and (B) for uses such as— (i) national, State, and local policymaking; (ii) implementation of Federal policies (including allocation formulas); (iii) program planning and evaluation; and (iv) researching labor market dynamics; (G) wide dissemination of such data, information, and analysis in a user-friendly manner and voluntary technical standards for dissemination mechanisms; and (H) programs of— (i) training for effective data dissemination; (ii) research and demonstration; and (iii) programs and technical assistance. (2) Information to be confidential (A) In general No officer or employee of the Federal Government or agent of the Federal Government may— (i) use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes for which the submission is furnished; (ii) disclose to the public any publication or media transmittal of the data contained in the submission described in clause (i) that permits information concerning an individual subject to be reasonably inferred by either direct or indirect means; or (iii) permit anyone other than a sworn officer, employee, or agent of any Federal department or agency, or a contractor (including an employee of a contractor) of such department or agency, to examine an individual submission described in clause (i), without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission. (B) Immunity from legal process Any submission (including any data derived from the submission) that is collected and retained by a Federal department or agency, or an officer, employee, agent, or contractor of such a department or agency, for exclusively statistical purposes under this section shall be immune from the legal process and shall not, without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. (C) Rule of construction Nothing in this section shall be construed to provide immunity from the legal process for such submission (including any data derived from the submission) if the submission is in the possession of any person, agency, or entity other than the Federal Government or an officer, employee, agent, or contractor of the Federal Government, or if the submission is independently collected, retained, or produced for purposes other than the purposes of this Act. (b) System responsibilities (1) In general The workforce and labor market information system described in subsection (a) shall be planned, administered, overseen, and evaluated through a cooperative governance structure involving the Federal Government and States. (2) Duties The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties: (A) Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that all statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions. (B) Actively seek the cooperation of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities. (C) Eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority. (D) In collaboration with the Bureau of Labor Statistics and States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1). (E) Establish procedures for the system to ensure that— (i) such data and information are timely; (ii) paperwork and reporting for the system are reduced to a minimum; and (iii) States and localities are fully involved in the development and continuous improvement of the system at all levels. (c) National electronic tools To provide services The Secretary is authorized to assist in the development of national electronic tools that may be used to facilitate the delivery of work ready services described in section 134(c)(2) and to provide workforce information to individuals through the one-stop delivery systems described in section 121 and through other appropriate delivery systems. (d) Coordination with the states (1) In general The Secretary, working through the Bureau of Labor Statistics and the Employment and Training Administration, shall regularly consult with representatives of State agencies carrying out workforce information activities regarding strategies for improving the workforce and labor market information system. (2) Formal consultations At least twice each year, the Secretary, working through the Bureau of Labor Statistics, shall conduct formal consultations regarding programs carried out by the Bureau of Labor Statistics with representatives of each of the Federal regions of the Bureau of Labor Statistics, elected (pursuant to a process established by the Secretary) from the State directors affiliated with State agencies that perform the duties described in subsection (e)(2). (e) State responsibilities (1) In general In order to receive Federal financial assistance under this section, the Governor of a State shall— (A) be responsible for the management of the portions of the workforce and labor market information system described in subsection (a) that comprise a statewide workforce and labor market information system and for the State’s participation in the development of the annual plan; (B) establish a process for the oversight of such system; (C) consult with State and local employers, participants, and local workforce investment boards about the labor market relevance of the data to be collected and disseminated through the statewide workforce and labor market information system; (D) consult with State educational agencies and local educational agencies concerning the provision of employment statistics in order to meet the needs of secondary school and postsecondary school students who seek such information; (E) collect and disseminate for the system, on behalf of the State and localities in the State, the information and data described in subparagraphs (A) and (B) of subsection (a)(1); (F) maintain and continuously improve the statewide workforce and labor market information system in accordance with this section; (G) perform contract and grant responsibilities for data collection, analysis, and dissemination for such system; (H) conduct such other data collection, analysis, and dissemination activities as will ensure an effective statewide workforce and labor market information system; (I) actively seek the participation of other State and local agencies in data collection, analysis, and dissemination activities in order to ensure complementarity, compatibility, and usefulness of data; (J) participate in the development of the annual plan described in subsection (c); and (K) utilize the quarterly records described in section 136(f)(2) to assist the State and other States in measuring State progress on State performance measures. (2) Rule of construction Nothing in this section shall be construed as limiting the ability of a Governor to conduct additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this section. (f) Nonduplication requirement None of the functions and activities carried out pursuant to this section shall duplicate the functions and activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $63,473,000 for fiscal year 2014 and each of the 6 succeeding fiscal years. (h) Definition In this section, the term local area means the smallest geographical area for which data can be produced with statistical reliability. . IV REPEALS AND CONFORMING AMENDMENTS 401. Repeals The following provisions are repealed: (1) Chapter 4 of subtitle B of title I, and sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503, and 506 of the Workforce Investment Act of 1998. (2) Title V of the Older Americans Act of 1965. (3) Sections 1 through 14 of the Wagner-Peyser Act. (4) Youth Conservation Corps Act of 1970 ( 16 U.S.C. 1701 et seq. ). (5) Section 821 of the Higher Education Amendments of 1998 ( 20 U.S.C. 1151 ) (Grants to States for workplace and community transition training for incarcerated individuals). (6) The Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.). (7) Sections 4103A and 4104 of title 38, United States Code. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 Section 104(k)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604 ) is amended by striking , training, . 403. Amendments to the Food and Nutrition Act of 2008 (a) Definition Section 3(t) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(t) ) is amended— (1) by striking and (2) and inserting (2) , and (2) by inserting before the period at the end the following: , and (3) when referencing employment and training activities under section 6(d)(4), a State board as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) . (b) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in subsection (d)(14) by striking section 6(d)(4)(I) and inserting section 6(d)(4)(C) , and (2) in subsection (g)(3) by striking constitutes adequate participation in an employment and training program under section 6(d) and inserting allows the individual to participate in employment and training activities under section 6(d)(4) . (c) Eligibility disqualifications Section 6(d)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4) ) is amended to read as follows: (4) Employment and training (A) Implementation Each State agency shall provide employment and training services authorized under section 134 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864 ) to eligible members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment. (B) Statewide workforce development system Consistent with subparagraph (A), employment and training services shall be provided through the statewide workforce development system, including the One-Stop delivery system, authorized by the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (C) Reimbursements (i) Actual costs The State agency shall provide payments or reimbursement to participants served under this paragraph for— (I) the actual costs of transportation and other actual costs (other than dependent care costs) that are reasonably necessary and directly related to the individual participating in employment and training activities; and (II) the actual costs of such dependent care expenses that are determined by the State agency to be necessary for the individual to participate in employment and training activities (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in a local area where an employment, training, or education program under title IV of such Act is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate. (ii) Service contracts and vouchers In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at its option, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household. (iii) Value of reimbursements The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall— (I) not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and (II) not be claimed as an employment-related expense for the purposes of the credit provided under section 21 of the Internal Revenue Code of 1986 (26 U.S.C. 21). . (d) Administration Section 11(e)(19) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(11) is amended to read as follows: (19) the plans of the State agency for providing employment and training services under section 6(d)(4); . (e) Administrative cost-Sharing and quality control Section 16(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 ) is amended— (1) in paragraph (1)— (A) in subparagraph (A) by striking carry out employment and training programs and inserting provide employment and training services to eligible households under section 6(d)(4) , and (B) in subparagraph (D) by striking operating an employment and training program and inserting providing employment and training services consistent with section 6(d)(4) , (2) in paragraph (3) by striking related to participation in an employment and training program and inserting the individual participating in employment and training activities , (3) in paragraph (4) by striking for operating an employment and training program and inserting to provide employment and training services , and (4) by amending paragraph (5) to read as follows: (5) Monitoring The Secretary, in conjunction with the Secretary of Labor, shall monitor each State agency responsible for administering employment and training services under section 6(d)(4) to ensure funds are being spent effectively and efficiently. Each program of employment and training receiving funds under section 6(d)(4) shall be subject to the requirements of the performance accountability system, including having to meet the state performance measures included in section 136 of the Workforce Investment Act (29 U.S.C. 2871). . (f) Research, demonstration, and evaluations Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ) is amended— (1) in subsection (b) by striking paragraph (3), and (2) in subsection (g)— (A) by inserting , in conjunction with the Secretary of Labor, after Secretary , and (B) by striking programs established and inserting activities provided to eligible households . (g) Minnesota family investment project Section 22(b)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2031(b)(4) ) is amended by striking equivalent to those offered under the employment and training program . 404. Amendments to section 412 of the Immigration and Nationality Act (a) Conditions and considerations Section 412(a) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by striking make available sufficient resources for employment training and placement and inserting provide refugees with the opportunity to access employment and training services, including job placement, ; and (B) in subparagraph (B)(ii), by striking services; and inserting services provided through the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ); ; (2) in paragraph (2)(C)(iii)(II), by inserting and training after employment ; (3) in paragraph (6)(A)— (A) in clause (ii)— (i) by striking insure and inserting ensure ; (ii) by inserting and training after employment ; and (iii) by striking assistance, and inserting assistance through the one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 ), ; and (4) in paragraph (9), by inserting the Secretary of Labor, after Education, . (b) Program of initial resettlement Section 412(b)(2) of such Act (8 U.S.C. 1522(b)(2)) is amended— (1) by striking :orientation, instruction and inserting orientation and instruction ; and (2) by striking , and job training for refugees, and such other education and training of refugees, as facilitates and inserting for refugees to facilitate . (c) Project grants and contracts for services for refugees Section 412(c) of such Act ( 8 U.S.C. 1522(c) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by inserting and training after employment ; and (B) by striking subparagraph (C); (2) in paragraph (2)(B), by striking paragraph— through in a manner and inserting paragraph in a manner ; and (3) by adding at the end the following: (3) In carrying out this section, the Director shall ensure that employment and training services are provided through the statewide workforce development system, as appropriate, authorized by the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). Such action may include— (A) making employment and training services as described under section 134 of such Act ( 29 U.S.C. 2864 ) available to refugees; and (B) providing refugees with access to a one-stop delivery system under section 121 of such Act (29 U.S.C. 2841). . (d) Cash assistance and medical assistance to refugees Section 412(e) of such Act (8 U.S.C. 1522(e)) is amended— (1) in paragraph (2)(A)(i), by inserting and training after providing employment ; and (2) in paragraph (3), by striking The and inserting Consistent with subsection (c)(3), the . 405. Amendments relating to the Second Chance Act of 2007 (a) Federal Prisoner Reentry Initiative Section 231 of the Second Chance Act of 2007 ( 42 U.S.C. 17541 ) is amended— (1) in subsection (a)(1)(E)— (A) by inserting the Department of Labor and before other Federal agencies ; and (B) by inserting State and local workforce investment boards, after community-based organizations, ; (2) in subsection (c)— (A) in paragraph (2), by striking at the end and ; (B) in paragraph (3), by striking at the end the period and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) to coordinate reentry programs with the employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ). ; and (3) in subsection (d), by adding at the end the following new paragraph: (6) Interaction with the workforce investment system (A) In general In carrying out this section, the Director shall ensure that employment and training services, including such employment and services offered through reentry programs, are provided, as appropriate, through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.). Such action may include— (i) making employment and training services available to prisoners prior to and immediately following the release of such prisoners; or (ii) providing prisoners with access by remote means to a one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 ) in the State in which the prison involved is located. (B) Service defined In this paragraph, the term employment and training services means those services described in section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864) offered by the Bureau of Prisons, including— (i) the skills assessment described in subsection (a)(1)(A); (ii) the skills development plan described in subsection (a)(1)(B); and (iii) the enhancement, development, and implementation of reentry and skills development programs. . (b) Duties of the Bureau of Prisons Section 4042(a)(5)(E) of title 18, United States Code, is amended— (1) in clause (ii), by striking Employment and inserting Employment and training services (as defined in paragraph (6) of section 231(d) of the Second Chance Act of 2007), including basic skills attainment, consistent with such paragraph ; (2) by striking clause (iii); and (3) by redesignating clauses (iv), (v), (vi), and (vii) as clauses (iii), (iv), (v), and (vi), respectively. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968 Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking vocational and inserting career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) and training ; (B) by redesignating each of paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (4) coordinating employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), including a one-stop delivery system under section 121 of such Act ( 29 U.S.C. 2841 ), for offenders upon release from prison, jail, or a juvenile facility, as appropriate; ; (2) in subsection (d)(2), by inserting , including local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832), after nonprofit organizations ; (3) in subsection (e)— (A) in paragraph (3), by striking victim services, and employment services and inserting and victim services ; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (4) provides employment and training services through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ), including a one-stop delivery system under section 121 of such Act ( 29 U.S.C. 2841 ); and ; (4) in subsection (k)— (A) in paragraph (1)(A), by inserting , in accordance with paragraph (2) after under this section ; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following new paragraph: (2) Employment and training The Attorney General shall require each grantee under this section to measure the core indicators of performance as described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(b)(2)(A) ) with respect to the program of such grantee funded with a grant under this section. . 407. H–1B nonimmigrant petitioner account Section 286(s) of the Immigration and Nationality Act ( 8 U.S.C. 1356(s) ) is amended— (1) by striking paragraph (2); (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (3) in paragraph (2) (as so redesignated), by striking 30 percent and inserting 50 percent ; (4) in paragraph (3)(A) (as so redesignated), by striking 10 percent and inserting 25 percent ; (5) by inserting after paragraph (3) (as so redesignated) the following: (4) Use of fees for gifted and talented student grant programs (A) In general 15 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall be transferred to the Department of Education to remain available until expended to make grants to States, local educational agencies, and institutions of higher education to carry out activities that build the capacity of elementary schools and secondary schools to meet the academic needs of gifted and talented students. (B) Application To be eligible for a grant under this paragraph, a State, local educational agency, or institution of higher education shall submit an application to the Secretary of Education at such time and in such manner as the Secretary of Education shall require. Such application shall describe how the State, local educational agency, or institution of higher education will— (i) use funds received under this paragraph to meet the needs of gifted and talented students; and (ii) coordinate funds received under this paragraph with funds received under other Federal education laws. (C) Definitions For the purpose of this paragraph— (i) the terms State , local educational agency , elementary school , and secondary school have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965; and (ii) the term institution of higher education has the meaning given such term in section 102(a) of the Higher Education Act of 1965. ; and (6) in paragraph (6)— (A) by striking For fiscal year 1999, and all that follows through Beginning with fiscal year 2000, 5 percent and inserting 5 percent ; and (B) in the last sentence, by striking the period at the end and inserting and for carrying out the Secretary’s responsibilities under section 212(n)(2). . 408. Conforming amendments to the United States Code Title 38, United States Code, is amended— (1) by striking the item relating to section 4103A and section 4104 in the table of sections at the beginning of chapter 41 of such title; (2) in section 4102A— (A) in subsection (b)— (i) by striking paragraphs (5), (6), and (7); (ii) by redesignating paragraph (8) as paragraph (5); (B) by striking subsections (c) and (h); (C) by redesignating subsection (d), (e), (f), and (g) as subsection (c), (d), (e), and (f); (D) in subsection (e)(1) (as so redesignated)— (i) by striking , including disabled veterans’ outreach program specialists and local veterans' employment representatives providing employment, training, and placement services under this chapter in a State ; and (ii) by striking for purposes of subsection (c) . (3) in section 4109(a), by striking disabled veterans’ outreach program specialists, local veterans’ employment representatives and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; (4) in section 4109(d)(1), by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; (5) in section 4112(d)— (A) in paragraph (1), by striking disabled veterans’ outreach program specialist and inserting veteran employment specialist appointed under section 134(f) of the Workforce Investment Act of 1998 ; and (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (6) in section 3672(d)(1), by striking disabled veterans’ outreach program specialists under section 4103A and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; and (7) in section 4104A— (A) in subsection (b)(1), by striking subparagraph (A) and inserting the following: (A) the appropriate veteran employment specialist (in carrying out the functions described in section 134(f) of the Workforce Investment Act of 1998); ; and (B) in subsection (c)(1), by striking subparagraph (A) and inserting the following: (A) collaborate with the appropriate veteran employment specialist (as described in section 134(f)) and the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)); . 409. Conforming amendment to table of contents The table of contents in section 1(b) is amended to read as follows: Sec. 1. Short title; table of contents. TITLE I—WORKFORCE INVESTMENT SYSTEMS Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 106. Purpose. Chapter 1—State Provisions Sec. 111. State workforce investment boards. Sec. 112. State plan. Chapter 2—Local Provisions Sec. 116. Local workforce investment areas. Sec. 117. Local workforce investment boards. Sec. 118. Local plan. Chapter 3—Workforce Investment Activities Providers Sec. 121. Establishment of one-stop delivery systems. Sec. 122. Identification of eligible providers of training services. Sec. 123. [Repealed]. Chapter 4—[Repealed] Chapter 5—Employment and Training Activities Sec. 131. General authorization. Sec. 132. State allotments. Sec. 133. Within State allocations. Sec. 134. Use of funds for employment and training activities. Chapter 6—General Provisions Sec. 136. Performance accountability system. Sec. 137. Authorization of appropriations. Subtitle C—Job Corps Sec. 141. Purposes. Sec. 142. Definitions. Sec. 143. Establishment. Sec. 144. Individuals eligible for the Job Corps. Sec. 145. Recruitment, screening, selection, and assignment of enrollees. Sec. 146. Enrollment. Sec. 147. Job Corps centers. Sec. 148. Program activities. Sec. 149. Counseling and job placement. Sec. 150. Support. Sec. 151. Operations. Sec. 152. Standards of conduct. Sec. 153. Community participation. Sec. 154. Workforce councils. Sec. 155. [Repealed]. Sec. 156. Technical assistance to centers. Sec. 157. Application of provisions of Federal law. Sec. 158. Special provisions. Sec. 159. Management information. Sec. 160. General provisions. Sec. 161. Closure of low-performing Job Corps centers. Sec. 162. Reforms to remove political favoritism in the opening of new Job Corps centers. Subtitle D—National Programs Sec. 166. [Repealed]. Sec. 167. [Repealed]. Sec. 168. [Repealed]. Sec. 169. [Repealed]. Sec. 170. Technical assistance. Sec. 171. [Repealed]. Sec. 172. Evaluations. Sec. 173. [Repealed]. Sec. 173A. [Repealed]. Sec. 174. [Repealed]. Subtitle E—Administration Sec. 181. Requirements and restrictions. Sec. 182. Prompt allocation of funds. Sec. 183. Monitoring. Sec. 184. Fiscal controls; sanctions. Sec. 185. Reports; recordkeeping; investigations. Sec. 186. Administrative adjudication. Sec. 187. Judicial review. Sec. 188. Nondiscrimination. Sec. 189. Administrative provisions. Sec. 190. References. Sec. 191. State legislative authority. Sec. 192. [Repealed]. Sec. 193. Use of certain real property. Sec. 194. [Repealed]. Sec. 195. General program requirements. Sec. 196. Department Staff. Subtitle F—Repeals and Conforming Amendments Sec. 199. Repeals. Sec. 199A. Conforming amendments. TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Definitions. Sec. 204. Home schools. Sec. 205. Authorization of appropriations. Subtitle A—Federal Provisions Sec. 211. Reservation of funds; grants to eligible agencies; allotments. Sec. 212. Performance accountability system. Subtitle B—State Provisions Sec. 221. State administration. Sec. 222. State distribution of funds; matching requirement. Sec. 223. State leadership activities. Sec. 224. State plan. Sec. 225. Programs for corrections education and other institutionalized individuals. Subtitle C—Local Provisions Sec. 231. Grants and contracts for eligible providers. Sec. 232. Local application. Sec. 233. Local administrative cost limits. Subtitle D—General Provisions Sec. 241. Administrative provisions. Sec. 242. National activities. TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES Subtitle A—Wagner-Peyser Act Sec. 301. Definitions. Sec. 302. Functions. Sec. 303. Designation of State agencies. Sec. 304. Appropriations. Sec. 305. Disposition of allotted funds. Sec. 306. State plans. Sec. 307. Repeal of Federal advisory council. Sec. 308. Regulations. Sec. 309. Employment statistics. Sec. 310. Technical amendments. Sec. 311. Effective date. Subtitle B—Linkages With Other Programs Sec. 321. Trade Act of 1974. Sec. 322. Veterans' employment programs. Sec. 323. Older Americans Act of 1965. Subtitle C—Twenty-First Century Workforce Commission Sec. 331. Short title. Sec. 332. Findings. Sec. 333. Definitions. Sec. 334. Establishment of Twenty-First Century Workforce Commission. Sec. 335. Duties of the Commission. Sec. 336. Powers of the Commission. Sec. 337. Commission personnel matters. Sec. 338. Termination of the Commission. Sec. 339. Authorization of appropriations. Subtitle D—Application of Civil Rights and Labor-Management Laws to the Smithsonian Institution Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998 Sec. 401. Short title. Sec. 402. Title. Sec. 403. General provisions. Sec. 404. Vocational rehabilitation services. Sec. 405. Research and training. Sec. 406. Professional development and special projects and demonstrations. Sec. 407. National Council on Disability. Sec. 408. Rights and advocacy. Sec. 409. Employment opportunities for individuals with disabilities. Sec. 410. Independent living services and centers for independent living. Sec. 411. Repeal. Sec. 412. Helen Keller National Center Act. Sec. 413. President's Committee on Employment of People With Disabilities. Sec. 414. Conforming amendments. TITLE V—GENERAL PROVISIONS Sec. 501. State unified plan. Sec. 502. [Repealed]. Sec. 503. [Repealed]. Sec. 504. Privacy. Sec. 505. Buy-American requirements. Sec. 506. [Repealed]. Sec. 507. Effective date. . V AMENDMENTS TO THE REHABILITATION ACT OF 1973 501. Findings Section 2(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 701(a) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period and inserting ; and ; and (3) by adding at the end the following: (7) there is a substantial need to improve and expand services for students with disabilities under this Act. . 502. Rehabilitation services administration (a) Rehabilitation services administration The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended— (1) in section 3(a) ( 29 U.S.C. 702(a) )— (A) by striking Office of the Secretary and inserting Department of Education ; (B) by striking President by and with the advice and consent of the Senate and inserting Secretary ; and (C) by striking , and the Commissioner shall be the principal officer, ; (2) by striking Commissioner each place it appears (except in section 21) and inserting Director ; (3) in section 12(c) ( 29 U.S.C. 709 ), by striking Commissioner’s and inserting Director’s ; (4) in the heading for subparagraph (B) of section 100(d)(2), by striking commissioner and inserting director ; (5) in the heading for section 706, by striking commissioner and inserting director ; (6) in the heading for paragraph (3) of section 723(a), by striking commissioner and inserting director ; and (7) in section 21 (29 U.S.C. 718)— (A) in subsection (b)(1)— (i) by striking Commissioner the first place it appears and inserting Director of the Rehabilitation Services Administration ; (ii) by striking (referred to in this subsection as the Director ) ; and (iii) by striking The Commissioner and the Director and inserting Both such Directors ; and (B) by striking the Commissioner and the Director each place it appears and inserting both such Directors . (b) Effective date; application The amendments made by subsection (a) shall— (1) take effect on the date of the enactment of this Act; and (2) apply with respect to the appointments of Directors of the Rehabilitation Services Administration made on or after the date of enactment of this Act, and the Directors so appointed. 503. Definitions Section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) is amended— (1) by redesignating paragraphs (35) through (39) as paragraphs (36) through (40), respectively; (2) in subparagraph (A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking paragraph (36)(C) and inserting paragraph (37)(C) ; and (3) by inserting after paragraph (34) the following: (35) (A) The term student with a disability means an individual with a disability who— (i) is not younger than 16 and not older than 21; (ii) has been determined to be eligible under section 102(a) for assistance under this title; and (iii) (I) is eligible for, and is receiving, special education under part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ); or (II) is an individual with a disability, for purposes of section 504. (B) The term students with disabilities means more than 1 student with a disability. . 504. State plan Section 101(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a) ) is amended— (1) in paragraph (10)(B) by striking on the eligible individuals and all that follows through section 136(d)(2) and inserting of information necessary to assess the State’s performance on the core indicators of performance described in section 136(b)(2)(A) ; (2) in paragraph (11)— (A) in subparagraph (D)(i), by inserting before the semicolon the following: , which may be provided using alternative means of meeting participation (such as video conferences and conference calls) ; and (B) by adding at the end the following: (G) Coordination with assistive technology programs The State plan shall include an assurance that the designated State unit and the lead agency or implementing entity responsible for carrying out duties under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ) have developed working relationships and coordinate their activities. ; (3) in paragraph (15)— (A) in subparagraph (A)— (i) in clause (i)— (I) in subclause (II), by striking and at the end; (II) in subclause (III), by adding and at the end; and (III) by adding at the end the following: (IV) students with disabilities, including their need for transition services; ; (ii) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (iii) by inserting after clause (i) the following: (ii) include an assessment of the transition services provided under this Act, and coordinated with transition services under the Individuals with Disabilities Education Act, as to those services meeting the needs of individuals with disabilities; ; and (B) in subparagraph (D)— (i) by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; and (ii) by inserting after clause (ii) the following: (iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to the receipt of vocational rehabilitation services under this title or to postsecondary education or employment; ; (4) in paragraph (22)— (A) by striking carrying out part B of title VI, including ; and (B) by striking that part to supplement funds made available under part B of ; (5) in paragraph (24)(A), by striking part A of title VI and inserting section 109A ; and (6) by adding at the end the following: (25) Collaboration with industry The State plan shall describe how the designated State agency will carry out the provisions of section 109A, including— (A) the criteria such agency will use to award grants under such section; and (B) how the activities carried out under such grants will be coordinated with other services provided under this title. (26) Services for students with disabilities The State plan shall provide an assurance satisfactory to the Secretary that the State— (A) has developed and implemented strategies to address the needs identified in the assessment described in paragraph (15), and achieve the goals and priorities identified by the State, to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis in accordance with paragraph (15); and (B) from funds reserved under section 110A, shall carry out programs or activities designed to improve and expand vocational rehabilitation services for students with disabilities that— (i) facilitate the transition of students with disabilities from the receipt of educational services in school, to the receipt of vocational rehabilitation services under this title, including, at a minimum, those services specified in the interagency agreement required in paragraph (11)(D); (ii) improve the achievement of post-school goals of students with disabilities, including improving the achievement through participation (as appropriate when career goals are discussed) in meetings regarding individualized education programs developed under section 614 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414 ); (iii) provide career guidance, career exploration services, job search skills and strategies, and technical assistance to students with disabilities; (iv) support the provision of training and technical assistance to State and local educational agencies and designated State agency personnel responsible for the planning and provision of services to students with disabilities; and (v) support outreach activities to students with disabilities who are eligible for, and need, services under this title. . 505. Scope of services Section 103 of the Rehabilitation Act of 1973 ( 29 U.S.C. 723 ) is amended— (1) in subsection (a), by striking paragraph (15) and inserting the following: (15) transition services for students with disabilities, that facilitate the achievement of the employment outcome identified in the individualized plan for employment, including services described in clauses (i) through (iii) of section 101(a)(26)(B); ; (2) in subsection (b), by striking paragraph (6) and inserting the following: (6) (A) (i) Consultation and technical assistance services to assist State and local educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment. (ii) Training and technical assistance described in section 101(a)(26)(B)(iv). (B) Services for groups of individuals with disabilities who meet the requirements of clauses (i) and (iii) of section 7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of section 101(a)(26)(B), to assist in the transition from school to post-school activities. ; and (3) in subsection (b) by inserting at the end, the following: (7) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 ) to promote access to assistive technology for individuals with disabilities and employers. . 506. Standards and indicators Section 106 of the Rehabilitation Act of 1973 ( 29 U.S.C. 726(a) ) is amended— (1) by striking subsection (a) and inserting the following: (a) Standards and indicators The performance standards and indicators for the vocational rehabilitation program carried out under this title— (1) shall be subject to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act of 1998; and (2) may, at a State’s discretion, include additional indicators identified in the State plan submitted under section 101. ; and (2) in subsection (b)(2)(B), by striking clause (i) and inserting the following: (i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Director, direct the State to make revisions to the plan to improve performance; and . 507. Collaboration with industry The Rehabilitation Act of 1973 is amended by inserting after section 109 (29 U.S.C. 729) the following: 109A. Collaboration with industry (a) Authority A State shall use not less than one-half of one percent of the payment the State receives under section 111 for a fiscal year to award grants to eligible entities to create practical job and career readiness and training programs, and to provide job placements and career advancement. (b) Application To receive a grant under this section, an eligible entity shall submit an application to a designated State agency at such time, in such manner, and containing such information as such agency shall require. Such application shall include, at a minimum— (1) a plan for evaluating the effectiveness of the program; (2) a plan for collecting and reporting the data and information described under subparagraphs (A) through (C) of section 101(a)(10), as determined appropriate by the designated State agency; and (3) a plan for providing for the non-Federal share of the costs of the program. (c) Activities An eligible entity receiving a grant under this section shall use the grant funds to carry out a program that provides one or more of the following: (1) Job development, job placement, and career advancement services for individuals with disabilities. (2) Training in realistic work settings in order to prepare individuals with disabilities for employment and career advancement in the competitive market. (3) Providing individuals with disabilities with such support services as may be required in order to maintain the employment and career advancement for which the individuals have received training. (d) Awards Grants under this section shall— (1) be awarded for a period not to exceed 5 years; and (2) be awarded competitively. (e) Eligible entity defined For the purposes of this section, the term eligible entity means a for-profit business, alone or in partnership with one or more of the following: (1) Community rehabilitation program providers. (2) Indian tribes. (3) Tribal organizations. (f) Federal share The Federal share of a program under this section shall not exceed 80 percent of the costs of the program. (g) Eligibility for services An individual shall be eligible for services provided under a program under this section if the individual is determined under section 102(a)(1) to be eligible for assistance under this title. . 508. Reservation for expanded transition services The Rehabilitation Act of 1973 is amended by inserting after section 110 ( 29 U.S.C. 730 ) the following: 110A. Reservation for expanded transition services Each State shall reserve not less than 10 percent of the funds allotted to the State under section 110(a) to carry out programs and activities under sections 101(a)(26)(B) and 103(b)(6). . 509. Client assistance program Section 112(e)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 732(e)(1) ) is amended by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: (D) The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. The amount of such grants shall be the same as provided to territories under this subsection. . 510. Title III amendments Title III of the Rehabilitation Act of 1973 ( 29 U.S.C. 771 et seq. ) is amended— (1) in section 301(a)— (A) in paragraph (2), by inserting and at the end; (B) by striking paragraphs (3) and (4); and (C) by redesignating paragraph (5) as paragraph (3); (2) in section 302(g)— (A) in the heading, by striking And In-Service Training ; and (B) by striking paragraph (3); (3) in section 303(c)— (A) in paragraph (4)— (i) by amending subparagraph (A)(ii) to read as follows: (ii) to coordinate and work closely with the parent training and information centers established pursuant to section 671 of the Individuals with Disabilities Education Act, the community parent resource centers established pursuant to section 672 of such Act, and the eligible entities receiving awards under section 673 of such Act; and ; and (ii) in subparagraph (C), by inserting , and demonstrate the capacity for serving, after serve ; and (B) by adding at the end the following: (8) Reservation From the amount appropriated to carry out this subsection for a fiscal year, 20 percent of such amount or $500,000, whichever is less, shall be reserved to carry out paragraph (6). ; (4) by striking sections 304 and 305; and (5) by redesignating section 306 as section 304. 511. Repeal of title VI The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is amended by repealing title VI. 512. Chairperson Section 705(b)(5) of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d(b)(5) ) is amended to read as follows: (5) Chairperson The Council shall select a chairperson from among the voting membership of the Council. . 513. Authorizations of appropriations The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is further amended— (1) in section 100(b)(1) ( 29 U.S.C. 720(b)(1) ), by striking such sums as may be necessary for fiscal years 1999 through 2003 and inserting $3,121,712,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (2) in section 110(c) ( 29 U.S.C. 730(c) ), by amending paragraph (2) to read as follows: (2) The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1) for each of fiscal years 2014 through 2020. ; (3) in section 112(h) ( 29 U.S.C. 732(h) ) by striking such sums as may be necessary for fiscal years 1999 through 2003 and inserting $12,240,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (4) by amending subsection (a) of section 201 ( 29 U.S.C. 761(a) ) to read as follows: (a) There are authorized to be appropriated $108,817,000 for fiscal year 2014 and each of the 6 succeeding fiscal years to carry out this title. ; (5) in section 302(i) ( 29 U.S.C. 772(i) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $35,515,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (6) in section 303(e) ( 29 U.S.C. 773(e) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $5,325,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (7) in section 405 (29 U.S.C. 785) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $3,258,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (8) in section 502(j) ( 29 U.S.C. 792(j) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $7,400,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (9) in section 509(l) ( 29 U.S.C. 794e(l) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $18,031,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (10) in section 714 ( 29 U.S.C. 796e–3 ), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $23,359,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (11) in section 727 ( 29 U.S.C. 796f–6 ), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $79,953,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; and (12) in section 753 ( 29 U.S.C. 7961 ), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $34,018,000 for fiscal year 2014 and each of the 6 succeeding fiscal years . 514. Conforming amendments Section 1(b) of the Rehabilitation Act of 1973 is amended— (1) by inserting after the item relating to section 109 the following: Sec. 109A. Collaboration with industry. ; (2) by inserting after the item relating to section 110 the following: Sec. 110A. Reservation for expanded transition services. ; (3) by striking the item related to section 304 and inserting the following: Sec. 304. Measuring of project outcomes and performance. ; (4) by striking the items related to sections 305 and 306; and (5) by striking the items related to title VI. |
113-hr-803-rfs-dtd | 113-hr-803 | 113 | hr | 803 | rfs | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr803rfs.xml | BILLS-113hr803rfs.xml | 2023-01-08 17:29:59.596 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Referred-in-Senate" bill-type="olc" dms-id="H3C58A41F82094A8A8A34AFBA4B8FF9DF" key="H" public-private="public" stage-count="1">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 803 : Supporting Knowledge and Investing in Lifelong Skills Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-03-18
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
IIB
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 803
</legis-num>
<current-chamber display="yes">
IN THE SENATE OF THE UNITED
STATES
</current-chamber>
<action>
<action-date date="20130318">
March 18, 2013
</action-date>
<action-desc>
Received; read twice and referred to the
<committee-name committee-id="SSHR00">
Committee on Health, Education, Labor,
and Pensions
</committee-name>
</action-desc>
</action>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
To reform and strengthen the workforce
investment system of the Nation to put Americans back to work and make the
United States more competitive in the 21st century.
</official-title>
</form>
<legis-body id="HF32C12C6B8024AC3A77B61540FAB77A0" style="OLC">
<section id="H55BE08DEE92F41BF9F2D050D00B7D94C" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Supporting Knowledge and Investing in
Lifelong Skills Act
</short-title>
</quote>
or the
<quote>
<short-title>
SKILLS Act
</short-title>
</quote>
.
</text>
</section>
<section id="H1D69E8A5DA8F4E18AA249EC544C87ABC" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Table of
contents
</header>
<text display-inline="no-display-inline">
The table of contents
for this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H55BE08DEE92F41BF9F2D050D00B7D94C" level="section">
Sec. 1. Short title.
</toc-entry>
<toc-entry idref="H1D69E8A5DA8F4E18AA249EC544C87ABC" level="section">
Sec. 2. Table of contents.
</toc-entry>
<toc-entry idref="H258DB119F17E45AF884E3100D8CB3C6A" level="section">
Sec. 3. References.
</toc-entry>
<toc-entry idref="HD8E079FC33AB4DC7940C8BC78C5C9068" level="section">
Sec. 4. Effective date.
</toc-entry>
<toc-entry idref="H4098253098E248018052B26B2DAD68F9" level="title">
Title I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of
1998
</toc-entry>
<toc-entry idref="H183F2AECFEFB49C99B1085457AD73D3F" level="subtitle">
Subtitle A—Workforce Investment Definitions
</toc-entry>
<toc-entry idref="HFC894F639E2845069FD88EE0036360F2" level="section">
Sec. 101. Definitions.
</toc-entry>
<toc-entry idref="H38B6BCA2E1CC44A09610BCD0230E641C" level="subtitle">
Subtitle B—Statewide and Local Workforce Investment
Systems
</toc-entry>
<toc-entry idref="H2750325A2ACB423D9AB9A526DCF53DCD" level="section">
Sec. 102. Purpose.
</toc-entry>
<toc-entry idref="H60471340664F4EF98277107AECBE4494" level="section">
Sec. 103. State workforce investment boards.
</toc-entry>
<toc-entry idref="H37ABF8459C7445C89ABE30D2E1F6A281" level="section">
Sec. 104. State plan.
</toc-entry>
<toc-entry idref="H857274BE4C074496AC293C924893C3A1" level="section">
Sec. 105. Local workforce investment areas.
</toc-entry>
<toc-entry idref="H68FBAD1A40F94941B7C20B0BEA759963" level="section">
Sec. 106. Local workforce investment boards.
</toc-entry>
<toc-entry idref="H1E2D51B1367B4F61A4439F7B6798C7E5" level="section">
Sec. 107. Local plan.
</toc-entry>
<toc-entry idref="H00F3AFF99280448E8CEA1EBAE2584ABE" level="section">
Sec. 108. Establishment of one-stop delivery
system.
</toc-entry>
<toc-entry idref="H8B04479CCE234FF2B4C26F6E86E373EB" level="section">
Sec. 109. Identification of eligible providers of training
services.
</toc-entry>
<toc-entry idref="H7F6F699AB7B944E1829D8F8184727FC6" level="section">
Sec. 110. General authorization.
</toc-entry>
<toc-entry idref="H7B2C3A50F1754EF1B7ABBF2E765B6DA0" level="section">
Sec. 111. State allotments.
</toc-entry>
<toc-entry idref="H81CB0B28FEE143ED83F06B7D5493D8AC" level="section">
Sec. 112. Within State allocations.
</toc-entry>
<toc-entry idref="H761E9801EC4D42EB8E85E920ABC87825" level="section">
Sec. 113. Use of funds for employment and training
activities.
</toc-entry>
<toc-entry idref="HFD96C140463040A69786A0233CC79A00" level="section">
Sec. 114. Performance accountability system.
</toc-entry>
<toc-entry idref="HBD9C9BF69B3D47B1B165485950532CDD" level="section">
Sec. 115. Authorization of appropriations.
</toc-entry>
<toc-entry idref="H905BCE55B1A14220A37ACCD787586404" level="subtitle">
Subtitle C—Job Corps
</toc-entry>
<toc-entry idref="H802255DDFC744A1DBF7731A5C1315331" level="section">
Sec. 116. Job Corps purposes.
</toc-entry>
<toc-entry idref="H079F141146F343DA957CD82341BC707E" level="section">
Sec. 117. Job Corps definitions.
</toc-entry>
<toc-entry idref="H4AF09166E8C549B6A8BBFE239F1F93B8" level="section">
Sec. 118. Individuals eligible for the Job Corps.
</toc-entry>
<toc-entry idref="HB1DA91B952B847B099165DC09131A3FE" level="section">
Sec. 119. Recruitment, screening, selection, and assignment of
enrollees.
</toc-entry>
<toc-entry idref="H6945825793DE4BF99235CD1BC3A4E42E" level="section">
Sec. 120. Job Corps centers.
</toc-entry>
<toc-entry idref="HDB9946120D6C4B9AAF88759F6DA7FE79" level="section">
Sec. 121. Program activities.
</toc-entry>
<toc-entry idref="H5B332AD6DC6C4C14B003AD5CFE191314" level="section">
Sec. 122. Counseling and job placement.
</toc-entry>
<toc-entry idref="HC544420390AB4A6BB14E70C9ED143132" level="section">
Sec. 123. Support.
</toc-entry>
<toc-entry idref="HE2D9D8C81AF949E4881F59913160B5DA" level="section">
Sec. 124. Operations.
</toc-entry>
<toc-entry idref="H74A4CE9015404D429629E5CF3056C8EC" level="section">
Sec. 125. Community participation.
</toc-entry>
<toc-entry idref="H42954E70808D489392B608940C107896" level="section">
Sec. 126. Workforce councils.
</toc-entry>
<toc-entry idref="HF143C280E4DF4F1681A991BA65CC5B99" level="section">
Sec. 127. Technical assistance.
</toc-entry>
<toc-entry idref="H6D43892D9C674F38AA676427D008E323" level="section">
Sec. 128. Special provisions.
</toc-entry>
<toc-entry idref="H82B43D0F04D5409F88956FD22CD3F703" level="section">
Sec. 129. Performance accountability management.
</toc-entry>
<toc-entry idref="HADACCEA7E216461C93489C20A2F65440" level="subtitle">
Subtitle D—National Programs
</toc-entry>
<toc-entry idref="H4967A94EEC7D4F529C6206FE1B68EBBE" level="section">
Sec. 130. Technical assistance.
</toc-entry>
<toc-entry idref="H895E6A492D6D481C81A0E6DDD44FC145" level="section">
Sec. 131. Evaluations.
</toc-entry>
<toc-entry idref="HBBED5F1FC62046B99C8A15FAF9B021B5" level="subtitle">
Subtitle E—Administration
</toc-entry>
<toc-entry idref="H6B91742129D24CD994D260707E12DEB4" level="section">
Sec. 132. Requirements and restrictions.
</toc-entry>
<toc-entry idref="H802BA66F22B8412C80CDE828B2E4B4A1" level="section">
Sec. 133. Prompt allocation of funds.
</toc-entry>
<toc-entry idref="H3BEE9A571B034DA08DC6E0CB1B922D1A" level="section">
Sec. 134. Fiscal controls; sanctions.
</toc-entry>
<toc-entry idref="H5AE9598C7A7041ACB0548F1A477E0D8E" level="section">
Sec. 135. Reports to Congress.
</toc-entry>
<toc-entry idref="H2B3FC26128DB463EADC8AD0294AC78DB" level="section">
Sec. 136. Administrative provisions.
</toc-entry>
<toc-entry idref="H21F570E630A44D23A76E1B4E778BD9C4" level="section">
Sec. 137. State legislative authority.
</toc-entry>
<toc-entry idref="HA1A6EEEEA78B4CDC93F1ADE329DDA594" level="section">
Sec. 138. General program requirements.
</toc-entry>
<toc-entry idref="H00C4770F772A4259B0E23B160858D91A" level="section">
Sec. 139. Federal agency staff and restrictions on political
and lobbying activities.
</toc-entry>
<toc-entry idref="H9947E1BC07E545FCB2A72780400553C5" level="subtitle">
Subtitle F—State unified plan
</toc-entry>
<toc-entry idref="HB0A5EBB03F224A2C8085F979891BA9F4" level="section">
Sec. 140. State unified plan.
</toc-entry>
<toc-entry idref="H54B8FA49A3BC44C08334BA6CE746F718" level="title">
Title II—ADULT EDUCATION AND FAMILY LITERACY
EDUCATION
</toc-entry>
<toc-entry idref="H376C1BE9D30943789E60ACE96F22AC0F" level="section">
Sec. 201. Amendment.
</toc-entry>
<toc-entry idref="HB3E4976A326C4B8FA9E768207706507A" level="title">
Title III—AMENDMENTS TO THE WAGNER-PEYSER ACT
</toc-entry>
<toc-entry idref="H97899F4862394D828601C76A133540B9" level="section">
Sec. 301. Amendments to the Wagner-Peyser Act.
</toc-entry>
<toc-entry idref="HC2B8134003EE4ABBA495F23A05A6C5B4" level="title">
Title IV—REPEALS AND CONFORMING AMENDMENTS
</toc-entry>
<toc-entry idref="HD884A361219F4C7F9C0B0464BCA9A83D" level="section">
Sec. 401. Repeals.
</toc-entry>
<toc-entry idref="H520BCF8F3AD04D52BB0910CBF9357613" level="section">
Sec. 402. Amendment to the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
</toc-entry>
<toc-entry idref="H007195043B394044853B1843ECE74CF9" level="section">
Sec. 403. Amendments to the Food and Nutrition Act of
2008.
</toc-entry>
<toc-entry idref="H44689469EF8446BD9B88F20E1CD30831" level="section">
Sec. 404. Amendments to section 412 of the Immigration and
Nationality Act.
</toc-entry>
<toc-entry idref="H81EDFD27619D46518F18378BE2A0E6F8" level="section">
Sec. 405. Amendments relating to the Second Chance Act of
2007.
</toc-entry>
<toc-entry idref="HDD59B6B45A2E4168BCFB6E7E81F0962D" level="section">
Sec. 406. Amendments to the Omnibus Crime Control and Safe
Streets Act of 1968.
</toc-entry>
<toc-entry idref="H479747CBAE314158BDBDE33661A4AB31" level="section">
Sec. 407. Conforming amendments to the United States
Code.
</toc-entry>
<toc-entry idref="HA87E688A14A04C99940F028453DEA032" level="section">
Sec. 408. Conforming amendment to table of
contents.
</toc-entry>
<toc-entry idref="H50B8C6190CFC49AE93F3192487F49951" level="title">
Title V—AMENDMENTS TO THE REHABILITATION ACT OF 1973
</toc-entry>
<toc-entry idref="HC22C8C5CF113484B8C604FB6D0B119CD" level="section">
Sec. 501. Findings.
</toc-entry>
<toc-entry idref="HB349E2D2A53F4488B5B7EA505D1C5A8A" level="section">
Sec. 502. Rehabilitation services administration.
</toc-entry>
<toc-entry idref="H9340458489404FAF9EEC3F1B12B3B909" level="section">
Sec. 503. Definitions.
</toc-entry>
<toc-entry idref="H2DD816876AFC4C66B7E527CAAECFCA6B" level="section">
Sec. 504. State plan.
</toc-entry>
<toc-entry idref="H65ED21D289DB48728A986973FFE71793" level="section">
Sec. 505. Scope of services.
</toc-entry>
<toc-entry idref="HF4B1A7E424574F0BA7B22E97166948E5" level="section">
Sec. 506. Standards and indicators.
</toc-entry>
<toc-entry idref="H6810DF66D018435BAF2C0B530128F56B" level="section">
Sec. 507. Collaboration with industry.
</toc-entry>
<toc-entry idref="H5009510B96A74465ADB855201F8C8270" level="section">
Sec. 508. Reservation for expanded transition
services.
</toc-entry>
<toc-entry idref="HF9C6F7E9A48C4C238B229138C8832218" level="section">
Sec. 509. Client assistance program.
</toc-entry>
<toc-entry idref="HA666B08EA7F44F9DA1FAB659AFB2ACCD" level="section">
Sec. 510. Title III amendments.
</toc-entry>
<toc-entry idref="H9C2DD2089E244E2EA21E28DDB5005A57" level="section">
Sec. 511. Repeal of title VI.
</toc-entry>
<toc-entry idref="H02A338DC95D44BE4836A2B547C54ABAB" level="section">
Sec. 512. Chairperson.
</toc-entry>
<toc-entry idref="H4A06DFA89EB44AFEAC829BAEB744CCC0" level="section">
Sec. 513. Authorizations of appropriations.
</toc-entry>
<toc-entry idref="H716DD78513554E6BAE17DBD50AF3BFE0" level="section">
Sec. 514. Conforming amendments.
</toc-entry>
<toc-entry idref="H2CF1DF73BE5F49F989C5B7A1D7718F97" level="title">
Title VI—Studies by the Comptroller General
</toc-entry>
<toc-entry idref="HFE2C3C78E5104FB8B573143209748961" level="section">
Sec. 601. Study by the Comptroller General on exhausting
Federal Pell Grants before accessing WIA funds.
</toc-entry>
<toc-entry idref="H3EC434384B6F452D924D78737D6E3632" level="section">
Sec. 602. Study by the Comptroller General on administrative
cost savings.
</toc-entry>
</toc>
</section>
<section id="H258DB119F17E45AF884E3100D8CB3C6A">
<enum>
3.
</enum>
<header>
References
</header>
<text display-inline="no-display-inline">
Except as otherwise expressly provided,
wherever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the amendment or
repeal shall be considered to be made to a section or other provision of the
Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/9201">
29 U.S.C. 9201 et seq.
</external-xref>
).
</text>
</section>
<section id="HD8E079FC33AB4DC7940C8BC78C5C9068">
<enum>
4.
</enum>
<header>
Effective
date
</header>
<text display-inline="no-display-inline">
Except as otherwise
provided, this Act and the amendments made by this Act shall be effective with
respect to fiscal year 2014 and succeeding fiscal years.
</text>
</section>
<title id="H4098253098E248018052B26B2DAD68F9">
<enum>
I
</enum>
<header>
AMENDMENTS TO THE
WORKFORCE INVESTMENT ACT of 1998
</header>
<subtitle id="H183F2AECFEFB49C99B1085457AD73D3F">
<enum>
A
</enum>
<header>
Workforce
Investment Definitions
</header>
<section id="HFC894F639E2845069FD88EE0036360F2">
<enum>
101.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 101 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
) is amended—
</text>
<paragraph id="H8D151EE856B54FEB87EDE1953384D85D">
<enum>
(1)
</enum>
<text>
by striking
paragraphs (13) and (24);
</text>
</paragraph>
<paragraph id="H7D60F2757ED34F8D96A74F1845AE69F9">
<enum>
(2)
</enum>
<text>
by redesignating
paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14)
through (23) as paragraphs (15) through (24), respectively;
</text>
</paragraph>
<paragraph id="HBC275C4B0A91437CA08107929EDC97F0">
<enum>
(3)
</enum>
<text>
by striking
paragraphs (52) and (53);
</text>
</paragraph>
<paragraph id="HA9D64D61A20D491E9A742E141AD9897E">
<enum>
(4)
</enum>
<text>
by inserting after
<quote>
In this title:
</quote>
the following new paragraphs:
</text>
<quoted-block id="HA004F608D0B944018A020CF079A72FA2" style="OLC">
<paragraph id="HE09A6F5EB18C4467AFF671476C43B877">
<enum>
(1)
</enum>
<header>
Accrued
expenditures
</header>
<text>
The term
<term>
accrued expenditures
</term>
means
charges incurred by recipients of funds under this title for a given period
requiring the provision of funds for goods or other tangible property received;
services performed by employees, contractors, subgrantees, subcontractors, and
other payees; and other amounts becoming owed under programs assisted under
this title for which no current services or performance is required, such as
annuities, insurance claims, and other benefit payments.
</text>
</paragraph>
<paragraph id="H95A6A0B4295B4BCA9640146529C4B773">
<enum>
(2)
</enum>
<header>
Administrative
costs
</header>
<text>
The term
<term>
administrative costs
</term>
means
expenditures incurred by State and local workforce investment boards, direct
recipients (including State grant recipients under subtitle B and recipients of
awards under subtitles C and D), local grant recipients, local fiscal agents or
local grant subrecipients, and one-stop operators in the performance of
administrative functions and in carrying out activities under this title which
are not related to the direct provision of workforce investment services
(including services to participants and employers). Such costs include both
personnel and non-personnel and both direct and
indirect.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph display-inline="no-display-inline" id="H125C2636CB8F414FBA3B53E60B8F9103">
<enum>
(5)
</enum>
<text>
in paragraph (3)
(as so redesignated), by striking
<quote>
Except in sections 127 and 132,
the
</quote>
and inserting
<quote>
The
</quote>
;
</text>
</paragraph>
<paragraph id="H7A522E9A3557455BA5D8A927A84F9622">
<enum>
(6)
</enum>
<text>
by amending
paragraph (5) (as so redesignated) to read as follows:
</text>
<quoted-block id="HBECE6FBE8FC443D19DAF1ECD35817234" style="OLC">
<paragraph id="HDC30B876CCCE4E60A17061418D6249D5">
<enum>
(5)
</enum>
<header>
Area career and
technical education school
</header>
<text>
The term
<term>
area career and
technical education school
</term>
has the meaning given the term in section
3(3) of the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C.
2302(3)).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HA4B6EAE2FB9F46E88EAEC7E4745B22BF">
<enum>
(7)
</enum>
<text>
in paragraph (6)
(as so redesignated), by inserting
<quote>
(or such other level as the Governor
may establish)
</quote>
after
<quote>
8th grade level
</quote>
;
</text>
</paragraph>
<paragraph id="HD85DE3DAC76942CC9019B57CCBAAC39F">
<enum>
(8)
</enum>
<text>
in paragraph
(10)(C) (as so redesignated), by striking
<quote>
not less than 50 percent of
the cost of the training
</quote>
and inserting
<quote>
a significant portion of
the cost of training, as determined by the local board (or, in the case of an
employer in multiple local areas in the State, as determined by the Governor),
taking into account the size of the employer and such other factors as the
local board determines to be appropriate
</quote>
;
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="H492F1F8DE22343CAA985D1DDEFD904F0">
<enum>
(9)
</enum>
<text>
in paragraph (11)
(as so redesignated)—
</text>
<subparagraph id="HD3CCEFC40A1245C1A12DCE25A9F956F3">
<enum>
(A)
</enum>
<text>
in subparagraph
(A)(ii)(II), by striking
<quote>
section 134(c)
</quote>
and inserting
<quote>
section 121(e)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H383E8BDE91F44D86891F724746AAE45F">
<enum>
(B)
</enum>
<text>
in subparagraph
(B)(iii)—
</text>
<clause id="H5747A4EFF2D9448381284AB2977BB9EF">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
134(d)(4)
</quote>
and inserting
<quote>
134(c)(4)
</quote>
;
and
</text>
</clause>
<clause id="H8A1807A579694A8C94DF9A60BE6FE9CF">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
intensive services described in section 134(d)(3)
</quote>
and
inserting
<quote>
work ready services described in section
117(d)(5)(C)
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H198F6FD0E1474E929CEECEABCFFEE80E">
<enum>
(C)
</enum>
<text>
in subparagraph
(C), by striking
<quote>
or
</quote>
after the semicolon;
</text>
</subparagraph>
<subparagraph id="H8C3413EE847941FBA131B9A43FDFFDAE">
<enum>
(D)
</enum>
<text>
in subparagraph
(D), by striking the period and inserting
<quote>
; or
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HCB3285A7EE75487E8E9876AD5B4FC890">
<enum>
(E)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H890E7E963E5B4010A4F0C8C71E1CCDA9" style="OLC">
<subparagraph id="H96884D2F5F99411B9849CA616572CA4F">
<enum>
(E)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H8DA3E913A8DA4F818CF13804C9F90990">
<enum>
(i)
</enum>
<text>
is the spouse of a
member of the Armed Forces on active duty for a period of more than 30 days (as
defined in section
101(d)(2) of title 10, United States Code) who has experienced
a loss of employment as a direct result of relocation to accommodate a
permanent change in duty station of such member; or
</text>
</clause>
<clause id="H31B83877D30E4E408F2F45911FEB7229" indent="up1">
<enum>
(ii)
</enum>
<text>
is the spouse of a member of the
Armed Forces on active duty who meets the criteria described in paragraph
(12)(B).
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H4AE8E6FC34524FA0A1E7F2471F58288B">
<enum>
(10)
</enum>
<text>
in paragraph
(12)(A) (as redesignated)—
</text>
<subparagraph id="HFF1E649FEEAF44E1B078CB4297764D45">
<enum>
(A)
</enum>
<text>
by striking
<quote>
and
</quote>
after the semicolon and inserting
<quote>
or
</quote>
;
</text>
</subparagraph>
<subparagraph id="H916D9829CCD5463CB6C86A98A69233B9">
<enum>
(B)
</enum>
<text>
by striking
<quote>
(A)
</quote>
and inserting
<quote>
(A)(i)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H2FD14AC9DF7F4E879D16E70F5AD1E2A6">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="HA36D618988AE41E4B6B59EDC759F62EA" style="OLC">
<clause id="H7C303F69078D495CABB687BC8EDF8BE9" indent="up1">
<enum>
(ii)
</enum>
<text>
is the spouse of a member of the
Armed Forces on active duty for a period of more than 30 days (as defined in
section
101(d)(2) of title 10, United States Code) whose family income
is significantly reduced because of a deployment (as defined in
section
991(b) of title 10, United States Code, or pursuant to
paragraph (4) of such section), a call or order to active duty pursuant to a
provision of law referred to in
section
101(a)(13)(B) of title 10, United States Code, a permanent
change of station, or the service-connected (as defined in
section
101(16) of title 38, United States Code) death or disability of
the member;
and
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H166C3C9010924834AC2C905645F5B149">
<enum>
(11)
</enum>
<text>
in paragraph (13)
(as so redesignated), by inserting
<quote>
or regional
</quote>
after
<quote>
local
</quote>
each place it appears;
</text>
</paragraph>
<paragraph id="HAE4480581E6C4FD49AEAF3E7872CF06B">
<enum>
(12)
</enum>
<text>
in paragraph (14)
(as so redesignated)—
</text>
<subparagraph id="H80DE123BC33E48F1BBB6BBFEF2409755">
<enum>
(A)
</enum>
<text>
in subparagraph
(A), by striking
<quote>
section 122(e)(3)
</quote>
and inserting
<quote>
section
122
</quote>
;
</text>
</subparagraph>
<subparagraph id="H9969C6758BEA4AC281AD8B3B962D33CE">
<enum>
(B)
</enum>
<text>
by striking
subparagraph (B), and inserting the following:
</text>
<quoted-block id="HC161E7FB329E4189AE25947BB4317BD0" style="OLC">
<subparagraph id="H602E425C8C98429F85514CE25812B95F">
<enum>
(B)
</enum>
<text>
work ready
services, means a provider who is identified or awarded a contract as described
in section 117(d)(5)(C); or
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HF90A057FA0ED4A01B510EFFBD6AB5ACC">
<enum>
(C)
</enum>
<text>
by striking
subparagraph (C); and
</text>
</subparagraph>
<subparagraph id="H8336A7D10E624FED99FF0870FE1A566E">
<enum>
(D)
</enum>
<text>
by redesignating
subparagraph (D) as subparagraph (C).
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H774F139217B3448082A4F2549CF88924">
<enum>
(13)
</enum>
<text>
in paragraph (15)
(as so redesignated), by striking
<quote>
adult or dislocated worker
</quote>
and
inserting
<quote>
individual
</quote>
;
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="H389485EDEABE4DA99E9610911257042B">
<enum>
(14)
</enum>
<text>
in paragraph
(25)—
</text>
<subparagraph id="H81BFCC4D60694CABB83C3454E12195D9">
<enum>
(A)
</enum>
<text>
in subparagraph
(B), by striking
<quote>
higher of—
</quote>
and all that follows through clause
(ii) and inserting
<quote>
poverty line for an equivalent
period;
</quote>
;
</text>
</subparagraph>
<subparagraph id="H0CE38FCB12854EF6B06FBB5594338485">
<enum>
(B)
</enum>
<text>
by redesignating
subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively;
and
</text>
</subparagraph>
<subparagraph id="HCCCD5367831A4E81BD034418601F1BC8">
<enum>
(C)
</enum>
<text>
by inserting after
subparagraph (C) the following:
</text>
<quoted-block id="H0C40CBC728ED44D4AE5AF4E903158A75" style="OLC">
<subparagraph id="H4E957EAC414240B0BE94D84A030E8C86">
<enum>
(D)
</enum>
<text>
receives or is
eligible to receive free or reduced price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et
seq.);
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H6D31425CFDD14FD98132F1D06CD9FAD0">
<enum>
(15)
</enum>
<text>
in paragraph
(32), by striking
<quote>
the Republic of the Marshall Islands, the Federated
States of Micronesia,
</quote>
;
</text>
</paragraph>
<paragraph id="H0942C2496124454B83103D7DEFD57D06">
<enum>
(16)
</enum>
<text>
by amending
paragraph (33) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HE0FC1D6C72B4448C88087996A6317B8D" style="OLC">
<paragraph id="HC071ABC630D94C76A0B91B925D9ED953">
<enum>
(33)
</enum>
<header>
Out-of-school
youth
</header>
<text display-inline="yes-display-inline">
The term
<term>
out-of-school youth
</term>
means—
</text>
<subparagraph id="H6B8BFA82AEDC4532804F052BFC3434AC">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
an at-risk youth who is a school dropout;
or
</text>
</subparagraph>
<subparagraph id="H1689D288C68A42DFB1A6422EE1767718">
<enum>
(B)
</enum>
<text>
an at-risk youth
who has received a secondary school diploma or its recognized equivalent but is
basic skills deficient, unemployed, or
underemployed.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H42A7C431AF654939A07B9933DC20ADB9">
<enum>
(17)
</enum>
<text>
in paragraph
(38), by striking
<quote>
134(a)(1)(A)
</quote>
and inserting
<quote>
134(a)(1)(B)
</quote>
;
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="H8A8FA62D4ED948578794A51B0545C5D7">
<enum>
(18)
</enum>
<text>
by amending
paragraph (49) to read as follows:
</text>
<quoted-block id="H67B0A72C63D64D74B508DA13556896B8" style="OLC">
<paragraph id="H6247EBBD31DD41A7B2E53D564807AFAB">
<enum>
(49)
</enum>
<header>
Veteran
</header>
<text>
The
term
<term>
veteran
</term>
has the same meaning given the term in
section
2108(1) of title 5, United States
Code.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph display-inline="no-display-inline" id="HB22CC243D7B0425695B8DFF160C460B4">
<enum>
(19)
</enum>
<text>
by amending
paragraph (50) to read as follows:
</text>
<quoted-block id="H79EE5A3B800949D1B7B953D40876BFC0" style="OLC">
<paragraph id="HC4F9355F255B4D19B4B3C5A842A5ABF4">
<enum>
(50)
</enum>
<header>
Career and
technical education
</header>
<text>
The term
<term>
career and technical
education
</term>
has the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HAF9AB444BB674CC2BC9D7B0290DBFBBF">
<enum>
(20)
</enum>
<text>
in paragraph (51)
by striking
<quote>
, and a youth activity
</quote>
; and
</text>
</paragraph>
<paragraph id="HFAAA629F5E8143B0B7A157016CC53238">
<enum>
(21)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA93DAA34DB454C98924C6791E1A9E46B" style="OLC">
<paragraph id="H647D5F0493D14ACE893CC7927FAFF569">
<enum>
(52)
</enum>
<header>
At-risk
youth
</header>
<text display-inline="yes-display-inline">
Except as provided in
subtitle C, the term
<term>
at-risk youth
</term>
means an individual who—
</text>
<subparagraph id="H6876FD1E41194124B208A002119CD0A4">
<enum>
(A)
</enum>
<text>
is not less than
age 16 and not more than age 24;
</text>
</subparagraph>
<subparagraph id="HEFAD2519EB5A42739516E0B67AC8B32D">
<enum>
(B)
</enum>
<text>
is a low-income
individual; and
</text>
</subparagraph>
<subparagraph id="HB964DD33B88A48529E564FE53572C75D">
<enum>
(C)
</enum>
<text>
is an individual
who is one or more of the following:
</text>
<clause id="HDEFBC3184016468088D8730D0B25E56F">
<enum>
(i)
</enum>
<text>
a
secondary school dropout;
</text>
</clause>
<clause id="HA82CF6A4B092403DACA238F666C6671A">
<enum>
(ii)
</enum>
<text>
a
youth in foster care (including youth aging out of foster care);
</text>
</clause>
<clause id="HA4B28749DCEA490E965B08E31A067470">
<enum>
(iii)
</enum>
<text>
a youth
offender;
</text>
</clause>
<clause id="H701A5CF00DDE4E0D8C6337CCE220D8CE">
<enum>
(iv)
</enum>
<text>
a
youth who is an individual with a disability; or
</text>
</clause>
<clause id="HC725B50AEC854D138987F7B83A05C670">
<enum>
(v)
</enum>
<text>
a
migrant youth.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HB11304E35E75408BB27F55E8B639A1FE">
<enum>
(53)
</enum>
<header>
Industry or
sector partnership
</header>
<text display-inline="yes-display-inline">
The term
<term>
industry or sector partnership
</term>
means a partnership of a State or
local board and one or more industries and other entities that have the
capability to help the State or local board determine the immediate and long
term skilled workforce needs of in-demand industries and other occupations
important to the State or local economy, respectively.
</text>
</paragraph>
<paragraph id="H076FE13EA71A4E92A23F89BB55997D89">
<enum>
(54)
</enum>
<header>
Industry-recognized
credential
</header>
<text display-inline="yes-display-inline">
The term
<term>
industry-recognized credential
</term>
means a credential that is sought
or accepted by companies within the industry sector involved, across multiple
States, as recognized, preferred, or required for recruitment, screening, or
hiring.
</text>
</paragraph>
<paragraph id="H3F9C3A8FA6BD434D943F49FF49EBCCA9">
<enum>
(55)
</enum>
<header>
Recognized
postsecondary credential
</header>
<text display-inline="yes-display-inline">
The
term ‘recognized postsecondary credential’ means a credential awarded by a
training provider or postsecondary educational institution based on completion
of all requirements for a program of study, including coursework or tests or
other performance evaluations. The term includes an industry-recognized
credential, a certificate of completion of an apprenticeship, or an associate
or baccalaureate degree.
</text>
</paragraph>
<paragraph id="HF39C79EEC33C42E285A5CA60C44D825D">
<enum>
(56)
</enum>
<header>
Pay-for-performance
contract strategy
</header>
<text display-inline="yes-display-inline">
The term
<quote>
pay-for-performance contract strategy
</quote>
means a strategy in which
a pay-for-performance contract to provide a program of employment and training
activities incorporates—
</text>
<subparagraph id="H2D6C0D672EA143398A4478650F8325AA">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the core indicators of performance
described in subclauses (I) through (IV) of section 136(b)(2)(A)(i);
</text>
</subparagraph>
<subparagraph id="HC5B3C3B80CDF402DB1C5A2AFDF299478">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
a fixed amount that will be paid to an
eligible provider of such employment and training activities for each program
participant who, within a defined timetable, achieves the agreed to levels of
performance based upon the core indicators of performance described in
subparagraph (A), and may include a bonus payment to such provider which may be
used to expand the capacity of such provider;
</text>
</subparagraph>
<subparagraph id="H75F84BC62956404CB79AA5F4DBA22B3A">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the ability for an eligible provider to
recoup the costs of training a program participant who has not met such core
indicators of performance, but for whom the provider is able to demonstrate
that such participant gained specific competencies required for education and
career advancement that are, where feasible, tied to industry-recognized
credentials and related standards, or State licensing requirements; and
</text>
</subparagraph>
<subparagraph id="H054498E3C4CD4B6FA40EEB8F52214663">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
the ability for an eligible provider that
does not meet the requirements under section 122(a)(2) to participate in such
pay-for-performance contract and to not be required to report on the
performance and cost information required under section
122(d).
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
<subtitle id="H38B6BCA2E1CC44A09610BCD0230E641C">
<enum>
B
</enum>
<header>
Statewide and
Local Workforce Investment Systems
</header>
<section id="H2750325A2ACB423D9AB9A526DCF53DCD">
<enum>
102.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
Section 106 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811
</external-xref>
) is amended by
adding at the end the following:
<quote>
It is also the purpose of this subtitle
to provide workforce investment activities in a manner that enhances employer
engagement, promotes customer choices in the selection of training services,
and ensures accountability in the use of the taxpayer funds.
</quote>
.
</text>
</section>
<section id="H60471340664F4EF98277107AECBE4494">
<enum>
103.
</enum>
<header>
State workforce
investment boards
</header>
<text display-inline="no-display-inline">
Section 111
(29 U.S.C.
2821) is amended—
</text>
<paragraph id="H1EADD44A3CFC4E089DF56064FFAF16D8">
<enum>
(1)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H16D67429F8A0459C9FA0EF458B98A9BD">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="H4552B42BB4394C2B900E32C3EC44CAFD">
<enum>
(i)
</enum>
<text>
by
striking subparagraph (B);
</text>
</clause>
<clause id="HE1B511B52F014C3BA0B54C2957FC190A">
<enum>
(ii)
</enum>
<text>
by
redesignating subparagraph (C) as subparagraph (B); and
</text>
</clause>
<clause id="H926217F7922247DDBC6318E84B41082E">
<enum>
(iii)
</enum>
<text>
in
subparagraph (B) (as so redesignated)—
</text>
<subclause id="H0B98FDA351054CD5A049CEEE02F8F336">
<enum>
(I)
</enum>
<text>
by amending clause
(i)(I), by striking
<quote>
section 117(b)(2)(A)(i)
</quote>
and inserting
<quote>
section 117(b)(2)(A)
</quote>
;
</text>
</subclause>
<subclause id="H7ADE8CD7173D41B79D685617D04FC19A">
<enum>
(II)
</enum>
<text>
by amending
clause (i)(II) to read as follows:
</text>
<quoted-block id="H4A671262C04B4DF2A7D403B850327401" style="OLC">
<subclause id="HA7B90634069B4693BADD2CB9A0DA351B">
<enum>
(II)
</enum>
<text>
represent
businesses, including large and small businesses, with immediate and long-term
employment opportunities in in-demand industries and other occupations
important to the State economy;
and
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H040713399BCE4064A768F6AA6655825F">
<enum>
(III)
</enum>
<text>
by striking
clause (iii) and inserting the following:
</text>
<quoted-block id="H4780ED58884F45F6BDC168C2A998C287" style="OLC">
<clause id="H1E6F0CF1B4AE4E68A4FE2F0E8F6B7FED">
<enum>
(iii)
</enum>
<text>
a State agency
official responsible for economic development;
and
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H3FA60C7C1EC54DD0BBFC8F53C4A6DFCC">
<enum>
(IV)
</enum>
<text>
by striking
clauses (iv) through (vi);
</text>
</subclause>
<subclause id="HE1EAB2A6EAC34A389D4413E37AF69C60">
<enum>
(V)
</enum>
<text>
by amending clause
(vii) to read as follows:
</text>
<quoted-block id="HFDFC1E26B49243AF817DCE0E18B8B494" style="OLC">
<clause id="HE04CAEF79CB742D4A5B36A7E94A6A80C">
<enum>
(vii)
</enum>
<text display-inline="yes-display-inline">
such other representatives and State agency
officials as the Governor may designate, including—
</text>
<subclause id="HD533AC14B24E4DF694A9B978ABD992A3">
<enum>
(I)
</enum>
<text>
members of the
State legislature;
</text>
</subclause>
<subclause id="HB643D61FC2B64C0381B6D7DE4E2B4DC8">
<enum>
(II)
</enum>
<text>
representatives
of individuals and organizations that have experience with respect to youth
activities;
</text>
</subclause>
<subclause id="HF5263BC644DB483CB9CEFE60292A49A5">
<enum>
(III)
</enum>
<text>
representatives
of individuals and organizations that have experience and expertise in the
delivery of workforce investment activities, including chief executive officers
of community colleges and community-based organizations within the
State;
</text>
</subclause>
<subclause id="HCAB89DFCC89D4A2395763304F0FFC020">
<enum>
(IV)
</enum>
<text>
representatives
of the lead State agency officials with responsibility for the programs and
activities that are described in section 121(b) and carried out by one-stop
partners; or
</text>
</subclause>
<subclause id="H23D255BB54AA49EC84139A58159CC85A">
<enum>
(V)
</enum>
<text>
representatives of
veterans service organizations.
</text>
</subclause>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H2CC479343C2947D8814CE401F23288F3">
<enum>
(VI)
</enum>
<text>
by redesignating
clause (vii) (as so amended) as clause (iv); and
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HE5A2C14989A0429FB84B2E7C33D8BF87">
<enum>
(B)
</enum>
<text>
by amending
paragraph (3) to read as follows:
</text>
<quoted-block id="H254B0E7EDECF480F97B26EF0F8E8A2D5" style="OLC">
<paragraph id="H16A8B3BD7D404396B2DBD7CF7492EE8C">
<enum>
(3)
</enum>
<header>
Majority
</header>
<text>
A
<fraction>
2/3
</fraction>
majority of the members of the board shall be
representatives described in paragraph
(1)(B)(i).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H9DB1E7908CFD411CBCBFD7EFBBA0AC66">
<enum>
(2)
</enum>
<text>
in subsection (c),
by striking
<quote>
(b)(1)(C)(i)
</quote>
and inserting
<quote>
(b)(1)(B)(i)
</quote>
;
</text>
</paragraph>
<paragraph id="HF9F44423E034484AA2732EB4083B5843">
<enum>
(3)
</enum>
<text>
by amending
subsection (d) to read as follows:
</text>
<quoted-block id="H45CB478B3A264FD5BA81D62FEDF1B969" style="OLC">
<subsection id="HE42F59B3EFFD43DA85710D13320BE783">
<enum>
(d)
</enum>
<header>
Functions
</header>
<text>
The
State board shall assist the Governor of the State as follows:
</text>
<paragraph id="H031A1E8A92AE459E8C1FA2F7E473629E">
<enum>
(1)
</enum>
<header>
State
plan
</header>
<text>
Consistent with section 112, develop a State plan.
</text>
</paragraph>
<paragraph id="HDF6F5B441D544EE58D56D59204C6005A">
<enum>
(2)
</enum>
<header>
Statewide
workforce development system
</header>
<text>
Review and develop statewide
policies and programs in the State in a manner that supports a comprehensive
Statewide workforce development system that will result in meeting the
workforce needs of the State and its local areas. Such review shall include
determining whether the State should consolidate additional programs into the
Workforce Investment Fund in accordance with section 501(e).
</text>
</paragraph>
<paragraph id="H360806DB8A414CDDB215060B971FD9C6">
<enum>
(3)
</enum>
<header>
Workforce and
labor market information system
</header>
<text>
Develop a statewide workforce and
labor market information system described in section 15(e) of the Wagner-Peyser
Act, which may include using existing information conducted by the State
economic development entity or related entity in developing such system.
</text>
</paragraph>
<paragraph id="HFDE9ECE0A24C4E11AF0F5A63B2A00024">
<enum>
(4)
</enum>
<header>
Employer
engagement
</header>
<text>
Develop strategies across local areas that meet the
needs of employers and support economic growth in the State by enhancing
communication, coordination, and collaboration among employers, economic
development entities, and service providers.
</text>
</paragraph>
<paragraph id="H477CD289AA3240318D89F98410A0D919">
<enum>
(5)
</enum>
<header>
Designation of
local areas
</header>
<text>
Designate local areas as required under section
116.
</text>
</paragraph>
<paragraph id="H100FC7A065914F0795AF1CC42CA36AC2">
<enum>
(6)
</enum>
<header>
One-stop
delivery system
</header>
<text>
Identify and disseminate information on best
practices for effective operation of one-stop centers, including use of
innovative business outreach, partnerships, and service delivery
strategies.
</text>
</paragraph>
<paragraph id="H8F2C61568DBA4797BB502EAEF50205E5">
<enum>
(7)
</enum>
<header>
Program
oversight
</header>
<text>
Conduct the following program oversight:
</text>
<subparagraph id="H2A536FACAD90442EB7B07CFCF865AFBD">
<enum>
(A)
</enum>
<text>
Reviewing and
approving local plans under section 118.
</text>
</subparagraph>
<subparagraph id="HE4E4785D6F2C4835AFD97D7A9ECB5DDF">
<enum>
(B)
</enum>
<text>
Ensuring the
appropriate use and management of the funds provided for State employment and
training activities authorized under section 134.
</text>
</subparagraph>
<subparagraph id="H74F985BC84A9468584FF0B229A791993">
<enum>
(C)
</enum>
<text>
Preparing an
annual report to the Secretary described in section 136(d).
</text>
</subparagraph>
</paragraph>
<paragraph id="H3A187AB9F83B436E8F770F391F29ED3B">
<enum>
(8)
</enum>
<header>
Development of
performance measures
</header>
<text>
Develop and ensure continuous improvement of
comprehensive State performance measures, including State adjusted levels of
performance, as described under section
136(b).
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H1545D8762E5544919ECDB9BEA5F64418">
<enum>
(4)
</enum>
<text>
by striking
subsection (e) and redesignating subsection (f) as subsection (e);
</text>
</paragraph>
<paragraph commented="no" id="H5835AE774836490ABBB1DB6AA091CBC0">
<enum>
(5)
</enum>
<text>
in subsection (e)
(as so redesignated), by inserting
<quote>
or participate in any action
taken
</quote>
after
<quote>
vote
</quote>
;
</text>
</paragraph>
<paragraph id="H897D65D7F6714E33BA2DCC8638374FAB">
<enum>
(6)
</enum>
<text>
by inserting after
subsection (e) (as so redesignated), the following:
</text>
<quoted-block id="H1A09B570166C4A9F9AEF25C6E9536BA2" style="OLC">
<subsection id="HE37A26F240C144F7A076301CD1A92BA0">
<enum>
(f)
</enum>
<header>
Staff
</header>
<text>
The
State board may employ staff to assist in carrying out the functions described
in subsection (d).
</text>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H88F7FF8256AA423A822198646CEA8AF0">
<enum>
(7)
</enum>
<text>
in subsection (g),
by inserting
<quote>
electronic means and
</quote>
after
<quote>
on a regular
basis through
</quote>
.
</text>
</paragraph>
</section>
<section id="H37ABF8459C7445C89ABE30D2E1F6A281">
<enum>
104.
</enum>
<header>
State
plan
</header>
<text display-inline="no-display-inline">
Section 112
(29 U.S.C.
2822)—
</text>
<paragraph id="HF67F03F85DA848CFB605D1798BA9DD57">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="HDFF0DFFEE7604A7987BF5C80CDED063D">
<enum>
(A)
</enum>
<text>
by striking
<quote>
127 or
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H7CA49328DB1547F8825547615D09E414">
<enum>
(B)
</enum>
<text>
by striking
<quote>
5-year strategy
</quote>
and inserting
<quote>
3-year
strategy
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H003FD5564C8D48DCB8E5E657C0834740">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="HF7FFA52D25F040A18D8DFB9307E58744">
<enum>
(A)
</enum>
<text>
by amending
paragraph (4) to read as follows:
</text>
<quoted-block id="H7AB237A006DB43B5ADC36041A5DC48AF" style="OLC">
<paragraph id="H31D6326401DC4EB9BEC5ADD2D0A0CFD8">
<enum>
(4)
</enum>
<text>
information
describing—
</text>
<subparagraph id="HB83D43A9C92F46818FAB402468C2DB7A">
<enum>
(A)
</enum>
<text>
the economic
conditions in the State;
</text>
</subparagraph>
<subparagraph id="H673013813677498291FD6304741AA0F5">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the immediate and long-term skilled
workforce needs of in-demand industries, small businesses, and other
occupations important to the State economy;
</text>
</subparagraph>
<subparagraph id="H66C9F54A8F2C4CD3A5A3A10FEEAAC5E8">
<enum>
(C)
</enum>
<text>
the knowledge and
skills of the workforce in the State; and
</text>
</subparagraph>
<subparagraph id="H526C1287E0F14C5AA3A5E812B9B8C93F">
<enum>
(D)
</enum>
<text>
workforce
development activities (including education and training) in the
State;
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HD04CF65BE97F4EE3A96F2CABBAA74CAA">
<enum>
(B)
</enum>
<text>
by amending
paragraph (7) to read as follows:
</text>
<quoted-block id="H19DA1672D9574B6EBCA14D7F089AC074" style="OLC">
<paragraph id="HFCB2E4408C5A4BBB89E6E589891A7A16">
<enum>
(7)
</enum>
<text>
a description of
the State criteria for determining the eligibility of training providers in
accordance with section 122, including how the State will take into account the
performance of providers and whether the training programs relate to
occupations that are
in-demand;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HC9DDA041FD2D4F9FB56790340ED01ECF">
<enum>
(C)
</enum>
<text>
by amending
paragraph (8) to read as follows:
</text>
<quoted-block id="H1CD0AEF58AEE483F9D2F9C7D054B009F" style="OLC">
<paragraph id="HA7516BB9BE1A448DA9A55A75E797A8FC">
<enum>
(8)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HEA6092395F1B429B97ACBA9179ED291E">
<enum>
(A)
</enum>
<text>
a description of the
procedures that will be taken by the State to assure coordination of, and avoid
duplication among, the programs and activities identified under section
501(b)(2); and
</text>
</subparagraph>
<subparagraph id="H88C42E492758474F8C88F7986A5C1A08" indent="up1">
<enum>
(B)
</enum>
<text>
a description of common data
collection and reporting processes used for the programs and activities
described in subparagraph (A), which are carried out by one-stop partners,
including—
</text>
<clause id="HE256F1DCA6744276B0E3AB98B82D592F">
<enum>
(i)
</enum>
<text>
assurances that such processes use
quarterly wage records for performance measures described in section
136(b)(2)(A) that are applicable to such programs or activities; or
</text>
</clause>
<clause id="H2C1B73526E6D43AD99C2667893BD422B">
<enum>
(ii)
</enum>
<text>
if such wage records are not being
used for the performance measures, an identification of the barriers to using
such wage records and a description of how the State will address such barriers
within one year of the approval of the
plan;
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H50166AEA69D648BC9835702837A8641A">
<enum>
(D)
</enum>
<text>
in paragraph (9),
by striking
<quote>
, including comment by representatives of businesses and
representatives of labor organizations,
</quote>
;
</text>
</subparagraph>
<subparagraph id="H102B042027804093AD88936724305FE1">
<enum>
(E)
</enum>
<text>
in paragraph (11),
by striking
<quote>
under sections 127 and 132
</quote>
and inserting
<quote>
under section 132
</quote>
;
</text>
</subparagraph>
<subparagraph id="H65D2F06957C7411BADD4B69A3E166EFD">
<enum>
(F)
</enum>
<text>
by striking
paragraph (12);
</text>
</subparagraph>
<subparagraph id="HB20A71FC6C7F4EA2902A8D9E7038379B">
<enum>
(G)
</enum>
<text>
by redesignating
paragraphs (13) through (18) as paragraphs (12) through (17),
respectively;
</text>
</subparagraph>
<subparagraph id="H605123847C3948B29DEC80A09245F7DD">
<enum>
(H)
</enum>
<text>
in paragraph (12)
(as so redesignated), by striking
<quote>
111(f)
</quote>
and inserting
<quote>
111(e)
</quote>
;
</text>
</subparagraph>
<subparagraph id="HB31DC0BAA3F44FDB8E7F84298F2D172C">
<enum>
(I)
</enum>
<text>
in paragraph (13)
(as so redesignated), by striking
<quote>
134(c)
</quote>
and inserting
<quote>
121(e)
</quote>
;
</text>
</subparagraph>
<subparagraph id="HB6E752F70F244C39B8677ED73D689790">
<enum>
(J)
</enum>
<text>
in paragraph (14)
(as so redesignated), by striking
<quote>
116(a)(5)
</quote>
and inserting
<quote>
116(a)(4)
</quote>
;
</text>
</subparagraph>
<subparagraph id="HA11C85A25C66489095965FD405A24733">
<enum>
(K)
</enum>
<text>
in paragraph (16)
(as so redesignated)—
</text>
<clause id="H8065102396944B73B59D2B48A8729137">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)—
</text>
<subclause id="HF68DFA05F9C64C6B867F474706204F34">
<enum>
(I)
</enum>
<text>
in clause (ii), by
striking
<quote>
to dislocated workers
</quote>
;
</text>
</subclause>
<subclause id="HE551CEFF36F5492B962606DCB9BB9C37">
<enum>
(II)
</enum>
<text>
in clause (iii),
by striking
<quote>
134(d)(4)
</quote>
and inserting
<quote>
134(c)(4)
</quote>
;
</text>
</subclause>
<subclause id="HF4361899EF754BD0B5322B554A74A149">
<enum>
(III)
</enum>
<text>
by striking
<quote>
and
</quote>
at the end of clause (iii);
</text>
</subclause>
<subclause id="H02D805C5B2BE4A0CB9E0CD03244BB0CF">
<enum>
(IV)
</enum>
<text>
by amending
clause (iv) to read as follows:
</text>
<quoted-block id="HF916EF8E24BE4E73A00FD62F13B6F8D0" style="OLC">
<clause id="H7ADB9DC62D214E3AA3A252444A39EE3E">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
how the State will serve the employment and
training needs of dislocated workers (including displaced homemakers),
low-income individuals (including recipients of public assistance such as
supplemental nutrition assistance program benefits pursuant to the Food and
Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2011">
7 U.S.C. 2011 et seq.
</external-xref>
)), long-term
unemployed individuals (including individuals who have exhausted entitlement to
State and Federal unemployment compensation), English learners, homeless
individuals, individuals training for nontraditional employment, youth
(including out-of-school youth and at-risk youth), older workers, ex-offenders,
migrant and seasonal farmworkers, refugee and entrants, veterans (including
disabled and homeless veterans), and Native Americans;
and
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="HB388E31F30264A78BE241A9B10D2AAF0">
<enum>
(V)
</enum>
<text>
by adding at the
end the following new clause:
</text>
<quoted-block id="H24FE5F13496F4219ABA9F0282F17228D" style="OLC">
<clause id="H992BD5E73A91487C8CCA95CF616DE1F9">
<enum>
(v)
</enum>
<text>
how the State
will—
</text>
<subclause id="H0EBEA263A03A42F7839F793296CD0F08">
<enum>
(I)
</enum>
<text>
consistent with
section 188 and Executive Order No. 13217 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12131">
42 U.S.C. 12131
</external-xref>
note), serve the
employment and training needs of individuals with disabilities; and
</text>
</subclause>
<subclause id="H1F7F4460110445AD97C0DCC627821FA9">
<enum>
(II)
</enum>
<text>
consistent with
sections 504 and 508 of the Rehabilitation Act of 1973, include the provision
of outreach, intake, assessments, and service delivery, the development of
performance measures, the training of staff, and other aspects of accessibility
to programs and services under this
subtitle;
</text>
</subclause>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="H506619BBF2D44B11BD7C85988EBE5A34">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B), by striking
<quote>
to the extent practicable
</quote>
and
inserting
<quote>
in accordance with the requirements of the Jobs for Veterans
Act (Public
Law 107–288) and the amendments made by such Act
</quote>
;
and
</text>
</clause>
</subparagraph>
<subparagraph id="H9AE49AE807B04EB0B4AA7EB7EF9891C8">
<enum>
(L)
</enum>
<text>
by striking
paragraph (17) (as so redesignated) and inserting the following:
</text>
<quoted-block id="HFEC5988CF1414A7C95C1E527100D0A4C" style="OLC">
<paragraph display-inline="no-display-inline" id="HC472762097E84B5BB7311044EE36CE67">
<enum>
(17)
</enum>
<text>
a description of
the strategies and services that will be used in the State—
</text>
<subparagraph id="H0168D36162D94DC19299FE386B55FF17">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
to more fully engage employers, including
small businesses and employers in in-demand industries and occupations
important to the State economy;
</text>
</subparagraph>
<subparagraph id="HC57396DB27D243359DE1BE2FDFC74B4C">
<enum>
(B)
</enum>
<text>
to meet the needs
of employers in the State; and
</text>
</subparagraph>
<subparagraph id="HC3A993B725584A30BD444AA3EFCAF951">
<enum>
(C)
</enum>
<text>
to better
coordinate workforce development programs with economic development
activities;
</text>
</subparagraph>
</paragraph>
<paragraph id="H6F1A589C72E24CA2A00DB3653735253B">
<enum>
(18)
</enum>
<text>
a description of
how the State board will convene (or help to convene) industry or sector
partnerships that lead to collaborative planning, resource alignment, and
training efforts across multiple firms for a range of workers employed or
potentially employed by a targeted industry cluster—
</text>
<subparagraph id="H21FE9B565F6F4A3599C45B2CC3480F99">
<enum>
(A)
</enum>
<text>
to encourage
industry growth and competitiveness and to improve worker training, retention,
and advancement in targeted industry clusters;
</text>
</subparagraph>
<subparagraph id="H71F24A07D9C84CE48B1B93B8CC32A5FF">
<enum>
(B)
</enum>
<text>
to address the
immediate and long-term skilled workforce needs of in-demand industries and
other occupations important to the State economy, and
</text>
</subparagraph>
<subparagraph id="H0E88455754D94BB18D8DAC0DEC4FDE82">
<enum>
(C)
</enum>
<text>
to address
critical skill gaps within and across industries;
</text>
</subparagraph>
</paragraph>
<paragraph id="H693031ADEC0D48698BF599AAE463FE28">
<enum>
(19)
</enum>
<text>
a description of
how the State will utilize technology to facilitate access to services in
remote areas, which may be used throughout the State;
</text>
</paragraph>
<paragraph id="H1675AB9EDA5E413786DEABF14CBA8CDF">
<enum>
(20)
</enum>
<text>
a description of
the State strategy and assistance to be provided for encouraging regional
cooperation within the State and across State borders, as appropriate;
</text>
</paragraph>
<paragraph id="H63A8601954654C0AAB317529E5750970">
<enum>
(21)
</enum>
<text>
a description of
the actions that will be taken by the State to foster communication,
coordination, and partnerships with non-profit organizations (including public
libraries, community, faith-based, and philanthropic organizations) that
provide employment-related, training, and complementary services, to enhance
the quality and comprehensiveness of services available to participants under
this title;
</text>
</paragraph>
<paragraph id="H3C928D7EA03E4159928042B5A8B96C78">
<enum>
(22)
</enum>
<text>
a description of
the process and methodology for determining—
</text>
<subparagraph id="H89BD82D5CCCC4AB0B41A25C1AD36B7B3">
<enum>
(A)
</enum>
<text>
one-stop partner
program contributions for the cost of the infrastructure of one-stop centers
under section 121(h)(1); and
</text>
</subparagraph>
<subparagraph id="H47AB87F9442041D484819F8E66C5D743">
<enum>
(B)
</enum>
<text>
the formula for
allocating such infrastructure funds to local areas under section
121(h)(3);
</text>
</subparagraph>
</paragraph>
<paragraph id="HFBFD509123714495AD14FA8659A4DA30">
<enum>
(23)
</enum>
<text display-inline="yes-display-inline">
a description of the strategies and
services that will be used in the State to assist at-risk youth and
out-of-school youth in acquiring the education and skills, credentials
(including recognized postsecondary credentials and industry-recognized
credentials), and employment experience to succeed in the labor market,
including—
</text>
<subparagraph id="HB571308FC1C847EF87DC7247170384E5">
<enum>
(A)
</enum>
<text>
training and
internships in in-demand industries or occupations important to the State and
local economy;
</text>
</subparagraph>
<subparagraph id="HB06218C9F17746FFA7A5580F5A116EB7">
<enum>
(B)
</enum>
<text>
dropout recovery
activities that are designed to lead to the attainment of a regular secondary
school diploma or its recognized equivalent, or other State recognized
equivalent (including recognized alternative standards for individuals with
disabilities); and
</text>
</subparagraph>
<subparagraph id="H0FA009C0EA8A43C1B69EBF84FBAABE2A">
<enum>
(C)
</enum>
<text>
activities
combining remediation of academic skills, work readiness training, and work
experience, and including linkages to postsecondary education and training and
career-ladder employment; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H2BCB2875A5DF41E78A7F5FEB31FAF352">
<enum>
(24)
</enum>
<text>
a description
of—
</text>
<subparagraph id="H980C5A2A164E45CE8098AA91689F4B1D">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
how the State will furnish employment,
training, including training in advanced manufacturing, supportive, and
placement services to veterans, including disabled and homeless
veterans;
</text>
</subparagraph>
<subparagraph id="H001FB254897E4C9586CFC19011082148">
<enum>
(B)
</enum>
<text>
the strategies and
services that will be used in the State to assist and expedite reintegration of
homeless veterans into the labor force; and
</text>
</subparagraph>
<subparagraph id="H99F823CD4EA14081932375ADD9417878">
<enum>
(C)
</enum>
<text>
the veteran
population to be served in the
State.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H0B8AEE7574FA4334B07D60E1E5C0FDAE">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in subsection (c), by striking
<quote>
period, that—
</quote>
and all that follows through paragraph (2) and
inserting
<quote>
period, that the plan is inconsistent with the provisions of
this title.
</quote>
; and
</text>
</paragraph>
<paragraph id="HA3B592C044444DDE8B382DAD8D9E87D7">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
in subsection (d), by striking
<quote>
5-year
</quote>
and inserting
<quote>
3-year
</quote>
.
</text>
</paragraph>
</section>
<section id="H857274BE4C074496AC293C924893C3A1">
<enum>
105.
</enum>
<header>
Local workforce
investment areas
</header>
<text display-inline="no-display-inline">
Section 116
(29 U.S.C.
2831) is amended—
</text>
<paragraph id="H70833DCB7C7245468DCA43022A7BC448">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph display-inline="no-display-inline" id="H71F4D046BDF5474687E8FBA2FE215E00">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by amending paragraph (1) to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="H48B4285DE8AA479AB56BA0E8CC90D7FD" style="OLC">
<paragraph id="H6A3EA8C2DE394B72B9340B86D957D728">
<enum>
(1)
</enum>
<header>
In
general
</header>
<subparagraph id="H360EEDBCEB984225BD5D12E789E63039">
<enum>
(A)
</enum>
<header>
Process
</header>
<text display-inline="yes-display-inline">
In order to receive an allotment under
section 132, a State, through the State board, shall establish a process to
designate local workforce investment areas within the State. Such process
shall—
</text>
<clause id="H78678C86F44D419DA2EC87E2FBB5F218">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
support the statewide workforce investment
system developed under section 111(d)(2) that will meet the workforce needs of
the State and its local areas;
</text>
</clause>
<clause id="HFDEB14BE5A1C490D8F5C6F3E4ABF5319">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
include prior consultation with chief
elected officials;
</text>
</clause>
<clause id="HD6DEFD96A446411D974020EED791B624">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
consider comments received through the
public comment process as described in section 112(b)(9); and
</text>
</clause>
<clause id="H88CE342169FB4D29A34F87BB55251700">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
require the submission of an approved
application under subparagraph (B).
</text>
</clause>
</subparagraph>
<subparagraph id="HC5B3D7F67CDC413D8A2426964D90DC8A">
<enum>
(B)
</enum>
<header>
Application
</header>
<text display-inline="yes-display-inline">
To be designated as a local area under this
paragraph, a local or regional board (or consortiums of local or regional
boards) shall submit an application to a State board at such time, in such
manner, and containing such information as the State board may require,
including—
</text>
<clause id="HBCB028C163C4487C9501BF0174E4299D">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
a description of the local area, including
the population that will be served by the local area, and the education and
training needs of its employers and workers;
</text>
</clause>
<clause id="H34338075A9174AAE9A230361AAB61D08">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
a description of how the local area is
consistent or aligned with—
</text>
<subclause id="HF74F8307CE7240D4A2FC254FE13143A7">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
service delivery areas;
</text>
</subclause>
<subclause id="HDD84F159EA1B494B97CB51EAAFC8B38D">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
labor market areas; and
</text>
</subclause>
<subclause id="H22DD5E2E7F0440EF8C79C28342145BBF">
<enum>
(III)
</enum>
<text display-inline="yes-display-inline">
economic development regions;
</text>
</subclause>
</clause>
<clause id="HA2D5DBFFAAD84887915F7D62CBF86B54">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
a description of the eligible providers of
education and training, including postsecondary educational institutions such
as community colleges, located in the local area available to meet the needs of
the local workforce;
</text>
</clause>
<clause id="H0071D906262746FEAECD45A791D8B4AA">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
a description of the distance that
individuals will need to travel to receive services provided in such local
area; and
</text>
</clause>
<clause id="H5F5373CE09194D8AA58924FE8D60EF16">
<enum>
(v)
</enum>
<text display-inline="yes-display-inline">
any other criteria that the State board may
require.
</text>
</clause>
</subparagraph>
<subparagraph id="H0D9D0717B1764171A84B0C2F39D7B075">
<enum>
(C)
</enum>
<header>
Priority
</header>
<text display-inline="yes-display-inline">
In designating local areas under this
paragraph, a State board shall give priority consideration to applicants
demonstrating that a designation as a local area under this paragraph will
result in the reduction of overlapping service delivery areas, local market
areas, or economic development regions.
</text>
</subparagraph>
<subparagraph id="HE9503A122C3C4CECA63348BF1E2B7B0B">
<enum>
(D)
</enum>
<header>
Alignment with
local plan
</header>
<text display-inline="yes-display-inline">
A State may
designate an applicant as a local area under this paragraph for a period not to
exceed 3
years.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HCCE89ABCD06F4F57822B623A9EE0C1BA">
<enum>
(B)
</enum>
<text>
by amending
paragraph (2) to read as follows:
</text>
<quoted-block id="HFC7B30BBE2E543089BB7B936387401B4" style="OLC">
<paragraph id="HFDE15658ACB143B39157CD9BA59994E3">
<enum>
(2)
</enum>
<header>
Technical
assistance
</header>
<text>
The Secretary shall, if requested by the Governor of a
State, provide the State with technical assistance in making the determinations
required under paragraph (1). The Secretary shall not issue regulations
governing determinations to be made under paragraph
(1).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H79950B237CCB4820AE3828212EC78B0B">
<enum>
(C)
</enum>
<text>
by striking
paragraph (3);
</text>
</subparagraph>
<subparagraph id="HDB094CDA9D544665933FDE1ECC65F7B9">
<enum>
(D)
</enum>
<text>
by striking
paragraph (4);
</text>
</subparagraph>
<subparagraph id="H86516B17DCE9440587CF1F34778F657C">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
by redesignating paragraph (5) as paragraph
(3); and
</text>
</subparagraph>
<subparagraph id="H13986385A4884EF68A801AED81D71FAC">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
in paragraph (3) (as so redesignated), by
striking
<quote>
(2) or (3)
</quote>
both places it appears and inserting
<quote>
(1)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H0CF17B6E119D4465889C8930A1D84787">
<enum>
(2)
</enum>
<text>
by amending
subsection (b) to read as follows:
</text>
<quoted-block id="H6927EB89B07F409C91859634056A28D1" style="OLC">
<subsection id="HC5403A26F9224176AA65C31E435141C2">
<enum>
(b)
</enum>
<header>
Single
states
</header>
<text display-inline="yes-display-inline">
Consistent with
subsection (a), the State board of a State may designate the State as a single
State local area for the purposes of this
title.
</text>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H2AE67F09466E4217B9108871C3E96F1E">
<enum>
(3)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="HB09AD0233EE74917A74F6EF0C426FE3F">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by adding at the end the following:
<quote>
The State may require the local
boards for the designated region to prepare a single regional plan that
incorporates the elements of the local plan under section 118 and that is
submitted and approved in lieu of separate local plans under such
section.
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA921B95549934B21B3B2E98ECDDE6907">
<enum>
(B)
</enum>
<text>
in paragraph (2),
by striking
<quote>
employment statistics
</quote>
and inserting
<quote>
workforce
and labor market information
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H68FBAD1A40F94941B7C20B0BEA759963">
<enum>
106.
</enum>
<header>
Local workforce
investment boards
</header>
<text display-inline="no-display-inline">
Section 117
(29 U.S.C.
2832) is amended—
</text>
<paragraph id="H70F621C070F64AA69F50C44849A6A91B">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (b)—
</text>
<subparagraph id="H57B5DC08DD874D5D91D74B840BCA8D42">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
in paragraph (2)—
</text>
<clause id="H76E9B27302754C17A122472C1644A973">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)—
</text>
<subclause id="HD83C52A59884496CBE914DFEFE14696B">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
include—
</quote>
and all
that follows through
<quote>
representatives
</quote>
and inserting
<quote>
include representatives
</quote>
;
</text>
</subclause>
<subclause id="H3FFE1A5E1D57412A907672796B1DA341">
<enum>
(II)
</enum>
<text>
by striking
clauses (ii) through (vi);
</text>
</subclause>
<subclause id="H65FDB7B823EC4C43A591265202C9F640">
<enum>
(III)
</enum>
<text>
by redesignating
subclauses (I) through (III) as clauses (i) through (iii), respectively (and by
moving the margins of such clauses 2 ems to the left);
</text>
</subclause>
<subclause id="HAC7C920C101248ABA618B7140E196018">
<enum>
(IV)
</enum>
<text>
by striking
clause (ii) (as so redesignated) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2DBFC6D2C9C2407AB455E01AEEE97337" style="OLC">
<clause id="H2EC9AD73BE9E4C59B3A412F25EB8A3AE">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
represent businesses, including large and
small businesses, with immediate and long-term employment opportunities in
in-demand industries and other occupations important to the local economy;
and
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="HD266D062A6014DE9A6E9F35A10A0B2D3">
<enum>
(V)
</enum>
<text>
by striking the
semicolon at the end of clause (iii) (as so redesignated) and inserting
<quote>
; and
</quote>
; and
</text>
</subclause>
</clause>
<clause id="H4A16F12A2E9440408DB2DC363BEE7B61">
<enum>
(ii)
</enum>
<text>
by
amending subparagraph (B) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H092ED7FFF53040088CEA1DCE1C1117F5" style="OLC">
<subparagraph id="H75ACFB4E4C2342DBB4490950A416819D">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
may include such other individuals or
representatives of entities as the chief elected official in the local area may
determine to be appropriate, including—
</text>
<clause id="H4A18D9DEEBD444BA8DBF3ECB5868C935">
<enum>
(i)
</enum>
<text>
a
superintendent of the local secondary school system, the president or chief
executive officer of a postsecondary educational institution (including a
community college, where such an entity exists), or an administrator of local
entities providing adult education and literacy activities;
</text>
</clause>
<clause id="H4C182B3EC266403EB7F0E36704EB902E">
<enum>
(ii)
</enum>
<text>
representatives
of community-based organizations (including organizations representing
individuals with disabilities and veterans, for a local area in which such
organizations are present); or
</text>
</clause>
<clause id="H35BC882A3A15478A933AA0DE818DE3A3">
<enum>
(iii)
</enum>
<text>
representatives
of veterans service
organizations.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HBD80B3ADDB4040718E784D7DC8C7C752">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in paragraph (4)—
</text>
<clause id="HD515DB96C54942E6A938EF52E83CAE31">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
A majority
</quote>
and inserting
<quote>
A
<fraction>
2/3
</fraction>
majority
</quote>
; and
</text>
</clause>
<clause id="HCE999B1DFC6048C4B5256897A88CF25A">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
(2)(A)(i)
</quote>
and inserting
<quote>
(2)(A)
</quote>
;
and
</text>
</clause>
</subparagraph>
<subparagraph id="H894E91392C074CEC96F5B0A6BB8A20EF">
<enum>
(C)
</enum>
<text>
in paragraph (5)
by striking
<quote>
(2)(A)(i)
</quote>
and inserting
<quote>
(2)(A)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H1B85D620620C40C7B6EB422BF90BEA5B">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by striking subsection (c)(1)(C);
</text>
</paragraph>
<paragraph id="HD269F84DAF26415EA2167C7B788C6800">
<enum>
(3)
</enum>
<text>
by amending
subsection (d) to read as follows:
</text>
<quoted-block id="HD30382DCF6554C0E8C3C8CC0608A37AB" style="OLC">
<subsection id="H7F3ED819F5784BB1AFF3DEE4E4840AA2">
<enum>
(d)
</enum>
<header>
Functions of
local board
</header>
<text>
The functions of the local board shall include the
following:
</text>
<paragraph id="H9A0C3C2E24AB4A34B1916F6472F232CE">
<enum>
(1)
</enum>
<header>
Local
plan
</header>
<text>
Consistent with section 118, each local board, in
partnership with the chief elected official for the local area involved, shall
develop and submit a local plan to the Governor.
</text>
</paragraph>
<paragraph id="H93F052B2656A4C529DC2EF1AA96205A8">
<enum>
(2)
</enum>
<header>
Workforce
research and regional labor market analysis
</header>
<subparagraph id="HA10310396AA44549A1B4A666E264F1F8">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The local board shall—
</text>
<clause id="H775CF1B4F3DD49DFBEA74D699C8D8254">
<enum>
(i)
</enum>
<text>
conduct, and
regularly update, an analysis of—
</text>
<subclause id="H564AD0A13BB84EAB8D1D9FE96F6C5353">
<enum>
(I)
</enum>
<text>
the economic
conditions in the local area;
</text>
</subclause>
<subclause id="H41680881D32D460AB1A27316F3065F65">
<enum>
(II)
</enum>
<text>
the immediate and
long-term skilled workforce needs of in-demand industries and other occupations
important to the local economy;
</text>
</subclause>
<subclause id="H6F08FE8BB9CE45CDB40DE8D5C0B8D716">
<enum>
(III)
</enum>
<text>
the knowledge
and skills of the workforce in the local area; and
</text>
</subclause>
<subclause id="H2150D7B9ECAB45BA815E5D2B71F243A0">
<enum>
(IV)
</enum>
<text>
workforce
development activities (including education and training) in the local area;
and
</text>
</subclause>
</clause>
<clause id="HCFE406CC90314C6595B66D2825AA5BC8">
<enum>
(ii)
</enum>
<text>
assist the
Governor in developing the statewide workforce and labor market information
system described in section 15(e) of the Wagner-Peyser Act.
</text>
</clause>
</subparagraph>
<subparagraph id="H21E866E4EC5042DEA949B2304439DA92">
<enum>
(B)
</enum>
<header>
Existing
analysis
</header>
<text>
A local board shall use existing analysis by the local
economic development entity or related entity in order to carry out
requirements of subparagraph (A)(i).
</text>
</subparagraph>
</paragraph>
<paragraph id="H686612DC1F664BBEB3E1BB74454C8B0B">
<enum>
(3)
</enum>
<header>
Employer
engagement
</header>
<text>
The local Board shall meet the needs of employers and
support economic growth in the local area by enhancing communication,
coordination, and collaboration among employers, economic development entities,
and service providers.
</text>
</paragraph>
<paragraph id="H610B466AECAC4F10B16538134B5A98CE">
<enum>
(4)
</enum>
<header>
Budget and
administration
</header>
<subparagraph id="H77863E69EE334D439EB01A24F75B5FAE">
<enum>
(A)
</enum>
<header>
Budget
</header>
<clause id="HEB00707C43CF4BFB8816268250FA463B">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
The local board shall develop a budget for the activities
of the local board in the local area, consistent with the requirements of this
subsection.
</text>
</clause>
<clause id="HE91F3896CC604E8F87569E587AAC322B">
<enum>
(ii)
</enum>
<header>
Training
reservation
</header>
<text>
In developing a budget under clause (i), the local
board shall reserve a percentage of funds to carry out the activities specified
in section 134(c)(4). The local board shall use the analysis conducted under
paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve
under this clause.
</text>
</clause>
</subparagraph>
<subparagraph id="H70C6C190C47A4A1292EC907C57CE340A">
<enum>
(B)
</enum>
<header>
Administration
</header>
<clause id="HF59FA652FFD64059A8E6DAE076CE0CD8">
<enum>
(i)
</enum>
<header>
Grant
recipient
</header>
<subclause id="H807184B7821F49FE8DAFF5F319BC84A3">
<enum>
(I)
</enum>
<header>
In
general
</header>
<text>
The chief elected official in a local area shall serve as
the local grant recipient for, and shall be liable for any misuse of, the grant
funds allocated to the local area under section 133, unless the chief elected
official reaches an agreement with the Governor for the Governor to act as the
local grant recipient and bear such liability.
</text>
</subclause>
<subclause id="H84F3DAA51CC644E2A2333F3A5C624A26">
<enum>
(II)
</enum>
<header>
Designation
</header>
<text>
In
order to assist in administration of the grant funds, the chief elected
official or the Governor, where the Governor serves as the local grant
recipient for a local area, may designate an entity to serve as a local grant
subrecipient for such funds or as a local fiscal agent. Such designation shall
not relieve the chief elected official or the Governor of the liability for any
misuse of grant funds as described in subclause (I).
</text>
</subclause>
<subclause id="HB54F31BB444E47E9BC9DFEB88CA36FF9">
<enum>
(III)
</enum>
<header>
Disbursal
</header>
<text>
The
local grant recipient or an entity designated under subclause (II) shall
disburse the grant funds for workforce investment activities at the direction
of the local board, pursuant to the requirements of this title. The local grant
recipient or entity designated under subclause (II) shall disburse the funds
immediately on receiving such direction from the local board.
</text>
</subclause>
</clause>
<clause id="H38E397CCCBE2413392F4B6CE162CC058">
<enum>
(ii)
</enum>
<header>
Staff
</header>
<text>
The
local board may employ staff to assist in carrying out the functions described
in this subsection.
</text>
</clause>
<clause id="H42EC9DF31D644509A4837AB203383314">
<enum>
(iii)
</enum>
<header>
Grants and
donations
</header>
<text>
The local board may solicit and accept grants and
donations from sources other than Federal funds made available under this
Act.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H041A0F21E1684EF58D86F9ECA4108FA1">
<enum>
(5)
</enum>
<header>
Selection of
operators and providers
</header>
<subparagraph id="H03FE4F64B73C4AACB49B8FFEA1B417B5">
<enum>
(A)
</enum>
<header>
Selection of
one-stop operators
</header>
<text>
Consistent with section 121(d), the local
board, with the agreement of the chief elected official—
</text>
<clause id="H63153C55D5A64CD4BC6AB97755A2390A">
<enum>
(i)
</enum>
<text>
shall designate or
certify one-stop operators as described in section 121(d)(2)(A); and
</text>
</clause>
<clause id="HC084FAF1237C4D1080A1A1E63239D9B7">
<enum>
(ii)
</enum>
<text>
may terminate for
cause the eligibility of such operators.
</text>
</clause>
</subparagraph>
<subparagraph id="H1AC95A42395C457DB17FD6EA7C18FCC5">
<enum>
(B)
</enum>
<header>
Identification
of eligible training service providers
</header>
<text display-inline="yes-display-inline">
Consistent with this subtitle, the local
board shall identify eligible providers of training services described in
section 134(c)(4) in the local area, annually review the outcome of each such
eligible provider using the criteria under section 122(b)(2), and designate
eligible providers in the local area who have demonstrated the highest level of
success with respect to such criteria as priority eligible providers for the
following program year.
</text>
</subparagraph>
<subparagraph id="H71B9136A115A4ECC900235C19EF0BE66">
<enum>
(C)
</enum>
<header>
Identification
of eligible providers of work ready services
</header>
<text>
If the one-stop
operator does not provide the services described in section 134(c)(2) in the
local area, the local board shall identify eligible providers of such services
in the local area by awarding contracts.
</text>
</subparagraph>
</paragraph>
<paragraph id="H8836920C039846CA97763853034B7C0D">
<enum>
(6)
</enum>
<header>
Program
oversight
</header>
<text>
The local board, in partnership with the chief elected
official, shall be responsible for—
</text>
<subparagraph id="H5AA29841BE984F329C8F66588D778C76">
<enum>
(A)
</enum>
<text>
ensuring the
appropriate use and management of the funds provided for local employment and
training activities authorized under section 134(b); and
</text>
</subparagraph>
<subparagraph id="H3E6D1B62D0474988B66C89C74B548BED">
<enum>
(B)
</enum>
<text>
conducting
oversight of the one-stop delivery system in the local area authorized under
section 121.
</text>
</subparagraph>
</paragraph>
<paragraph id="H134C1D7EF069469EB19EDFD7BB586976">
<enum>
(7)
</enum>
<header>
Negotiation of
local performance measures
</header>
<text>
The local board, the chief elected
official, and the Governor shall negotiate and reach agreement on local
performance measures as described in section 136(c).
</text>
</paragraph>
<paragraph id="HA9E5121E31734976A06F8D1BF98CF027">
<enum>
(8)
</enum>
<header>
Technology
improvements
</header>
<text>
The local board shall develop strategies for
technology improvements to facilitate access to services authorized under this
subtitle and carried out in the local area, including in remote
areas.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H09A3B895642847D68AE7B560E361E49C">
<enum>
(4)
</enum>
<text>
in subsection
(e)—
</text>
<subparagraph id="H930CF8A52EAF4318AE40F0BB170226CF">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
electronic means and
</quote>
after
<quote>
regular basis through
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="HC2BD545FD9E447F1A4F9AF9304BB1B07">
<enum>
(B)
</enum>
<text>
by striking
<quote>
and the award of grants or contracts to eligible providers of youth
activities,
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H63612D1F66DB4C6BBF19D6550182AE93">
<enum>
(5)
</enum>
<text>
in subsection
(f)—
</text>
<subparagraph id="HB803F4B106E1480BAB5D35505CD862CD">
<enum>
(A)
</enum>
<text>
in paragraph
(1)(A), by striking
<quote>
section 134(d)(4)
</quote>
and inserting
<quote>
section 134(c)(4)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H257F3DB599074402AF186701417A3436">
<enum>
(B)
</enum>
<text>
by striking
paragraph (2) and inserting the following:
</text>
<quoted-block id="HFBC9BBC8F0EA4A6DAF31D09DDEB1D0D4" style="OLC">
<paragraph id="HAB1BE0B7FC4B455B8A33211D750AD664">
<enum>
(2)
</enum>
<header>
Work ready
services, designation, or certification as one-stop operators
</header>
<text>
A
local board may provide work ready services described in section 134(c)(2)
through a one-stop delivery system described in section 121 or be designated or
certified as a one-stop operator only with the agreement of the chief elected
official and the
Governor.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HE3D9DE2756EF4B1C9DF331263F992CBE">
<enum>
(6)
</enum>
<text>
in subsection
(g)(1), by inserting
<quote>
or participate in any action taken
</quote>
after
<quote>
vote
</quote>
; and
</text>
</paragraph>
<paragraph id="HBE67800C51FC4BC0A2CB61CFD08DE3C6">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
by striking subsections (h) and (i).
</text>
</paragraph>
</section>
<section id="H1E2D51B1367B4F61A4439F7B6798C7E5">
<enum>
107.
</enum>
<header>
Local
plan
</header>
<text display-inline="no-display-inline">
Section 118
(29 U.S.C.
2833) is amended—
</text>
<paragraph id="H01D957467E044936A38357D1C1119A77">
<enum>
(1)
</enum>
<text>
in subsection (a),
by striking
<quote>
5-year
</quote>
and inserting
<quote>
3-year
</quote>
;
</text>
</paragraph>
<paragraph id="HC040FA0B3225416F9C0A504427193440">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by amending subsection (b) to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="H99E92936ED894917B55BF9F0D9EE69DB" style="OLC">
<subsection id="HA8267B385377477F973EC123B2026FA3">
<enum>
(b)
</enum>
<header>
Contents
</header>
<text display-inline="yes-display-inline">
The local plan shall include—
</text>
<paragraph id="HCE502747A1664D16BCD48D2AA5B39982">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
a description of the analysis of the local
area's economic and workforce conditions conducted under section
117(d)(2)(A)(i), and an assurance that the local board will use such analysis
to carry out the activities under this subtitle;
</text>
</paragraph>
<paragraph id="H9903B79BBA1A49278F99569FC4831702">
<enum>
(2)
</enum>
<text>
a description of
the one-stop delivery system in the local area, including—
</text>
<subparagraph id="HB76AF11648914C4A904E7B7805DBEB50">
<enum>
(A)
</enum>
<text>
a description of
how the local board will ensure—
</text>
<clause id="H557E3DC529184D1AA6719452D2A5CD24">
<enum>
(i)
</enum>
<text>
the continuous
improvement of eligible providers of services through the system; and
</text>
</clause>
<clause id="H4992841386C849C7B504F3730E9B011D">
<enum>
(ii)
</enum>
<text>
that such
providers meet the employment needs of local businesses and participants;
and
</text>
</clause>
</subparagraph>
<subparagraph id="H56226B9EF25644E1B3039E53CD4B26BD">
<enum>
(B)
</enum>
<text>
a description of
how the local board will facilitate access to services provided through the
one-stop delivery system consistent with section 117(d)(8);
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H3261CC3262BA4CD99520D989D3544BF9">
<enum>
(3)
</enum>
<text>
a description of
the strategies and services that will be used in the local area—
</text>
<subparagraph id="HA09B7FECF9704B2AAB77F8D2573ADA03">
<enum>
(A)
</enum>
<text>
to more fully
engage employers, including small businesses and employers in in-demand
industries and occupations important to the local economy;
</text>
</subparagraph>
<subparagraph id="H4428960CDBFF4D8DAF9B65CABA7016FE">
<enum>
(B)
</enum>
<text>
to meet the needs
of employers in the local area;
</text>
</subparagraph>
<subparagraph id="HAED3F45A96AB4BF6BB40F4ED9CA9EF65">
<enum>
(C)
</enum>
<text>
to better
coordinate workforce development programs with economic development activities;
and
</text>
</subparagraph>
<subparagraph id="H6587974049894859B96FA641F4368BAD">
<enum>
(D)
</enum>
<text>
to better
coordinate workforce development programs with employment, training, and
literacy services carried out by nonprofit organizations, including public
libraries, as appropriate;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H5DF8A67CB41649749D33CED933C8C72F">
<enum>
(4)
</enum>
<text>
a description of
how the local board will convene (or help to convene) industry or sector
partnerships that lead to collaborative planning, resource alignment, and
training efforts across multiple firms for a range of workers employed or
potentially employed by a targeted industry cluster—
</text>
<subparagraph id="H079557C95DB14A0BA1A7FC2B8F03BCCD">
<enum>
(A)
</enum>
<text>
to encourage
industry growth and competitiveness and to improve worker training, retention,
and advancement in targeted industry clusters;
</text>
</subparagraph>
<subparagraph id="HD5F226435F1C4679B3C60CE2E3AB0A32">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
to address the immediate and long-term
skilled workforce needs of in-demand industries, small businesses, and other
occupations important to the local economy; and
</text>
</subparagraph>
<subparagraph id="H9F3CEEE9F0F841C7B14746D760B9CC1F">
<enum>
(C)
</enum>
<text>
to address
critical skill gaps within and across industries;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H8E05699C52AC4B1186899E7E95884A0D">
<enum>
(5)
</enum>
<text>
a description of
how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out
activities described in section 134(c)(4);
</text>
</paragraph>
<paragraph id="HFB03C985495F4491B53C54DF6F8063AB">
<enum>
(6)
</enum>
<text>
a description of
how the local board will coordinate workforce investment activities carried out
in the local area with statewide activities, as appropriate;
</text>
</paragraph>
<paragraph id="HF40D89719CD64C68A81726D1E2E62A9E">
<enum>
(7)
</enum>
<text>
a description of
how the local area will—
</text>
<subparagraph id="H32FE1A0B337A4575BBF6B90171AF57E3">
<enum>
(A)
</enum>
<text>
coordinate
activities with the local area’s disability community and with services
provided under section 614(d)(1)(A)(i)(VIII) of the Individuals with
Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1414">
20 U.S.C. 1414(d)(1)(A)(i)(VIII)
</external-xref>
)
by local educational agencies serving such local area to make available
comprehensive, high-quality services to individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="HE0F1684473664C77AB3CAE914105CADF">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
consistent with section 188 and Executive
Order No. 13217 (42
U.S.C. 12131 note), serve the employment and training needs of
individuals with disabilities, with a focus on employment that fosters
independence and integration; and
</text>
</subparagraph>
<subparagraph id="HBBA581D4EAA947E6A085590B92758804">
<enum>
(C)
</enum>
<text>
consistent with
sections 504 and 508 of the Rehabilitation Act of 1973, include the provision
of outreach, intake, assessments, and service delivery, the development of
performance measures, the training of staff, and other aspects of accessibility
to programs and services under this subtitle;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H5A43C3339924478C850416C1EE6EC0A8">
<enum>
(8)
</enum>
<text>
a description of
the local levels of performance negotiated with the Governor and chief elected
official pursuant to section 136(c), to be—
</text>
<subparagraph id="HADD8515340DE4B2B98D86BF7EF6D7901">
<enum>
(A)
</enum>
<text>
used to measure
the performance of the local area; and
</text>
</subparagraph>
<subparagraph id="H3DF47ECB75444B2A942C304EAACF1A01">
<enum>
(B)
</enum>
<text>
used by the local
board for measuring performance of the local fiscal agent (where appropriate),
eligible providers, and the one-stop delivery system, in the local area;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="HE51673740E754CCA874040A4F01E2486">
<enum>
(9)
</enum>
<text>
a description of
the process used by the local board, consistent with subsection (c), to provide
an opportunity for public comment prior to submission of the plan;
</text>
</paragraph>
<paragraph id="HCBC202021CD44DFC9270886C50E212F8">
<enum>
(10)
</enum>
<text display-inline="yes-display-inline">
a description of how the local area will
serve the employment and training needs of dislocated workers (including
displaced homemakers), low-income individuals (including recipients of public
assistance such as the Supplemental Nutrition Assistance Program), long-term
unemployed individuals (including individuals who have exhausted entitlement to
State and Federal unemployment compensation), English learners, homeless
individuals, individuals training for nontraditional employment, youth
(including out-of-school youth and at-risk youth), older workers, ex-offenders,
migrant and seasonal farmworkers, refugee and entrants, veterans (including
disabled veterans and homeless veterans), and Native Americans;
</text>
</paragraph>
<paragraph id="H964210F172B24CBBAEB81F5C6802BB2D">
<enum>
(11)
</enum>
<text>
an identification
of the entity responsible for the disbursal of grant funds described in
subclause (III) of section 117(d)(4)(B)(i), as determined by the chief elected
official or the Governor under such section;
</text>
</paragraph>
<paragraph id="HE7DD64C59AB8431EA26DFAF6E66862FD">
<enum>
(12)
</enum>
<text display-inline="yes-display-inline">
a description of the strategies and
services that will be used in the local area to assist at-risk youth and
out-of-school youth in acquiring the education and skills, credentials
(including recognized postsecondary credentials and industry-recognized
credentials), and employment experience to succeed in the labor market,
including—
</text>
<subparagraph id="HE604D53123C24FA8AA245BC820334613">
<enum>
(A)
</enum>
<text>
training and
internships in in-demand industries or occupations important to the local
economy;
</text>
</subparagraph>
<subparagraph id="HC2AAF1836BC4411584900D9545A4BDCB">
<enum>
(B)
</enum>
<text>
dropout recovery
activities that are designed to lead to the attainment of a regular secondary
school diploma or its recognized equivalent, or other State recognized
equivalent (including recognized alternative standards for individuals with
disabilities); and
</text>
</subparagraph>
<subparagraph id="HB6C8EF20EB2F481AB1A83BDC380B9669">
<enum>
(C)
</enum>
<text>
activities
combining remediation of academic skills, work readiness training, and work
experience, and including linkages to postsecondary education and training and
career-ladder employment;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="HEC166BB4B35A41A09B3B2A848BFC4795">
<enum>
(13)
</enum>
<text display-inline="yes-display-inline">
a description of—
</text>
<subparagraph id="H3A7192FBC2004E22B321D76784FB86FA">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
how the local area will furnish employment,
training, including training in advanced manufacturing, supportive, and
placement services to veterans, including disabled and homeless
veterans;
</text>
</subparagraph>
<subparagraph id="H2807AD4DA7AF4C54BCB20EBF014097D7">
<enum>
(B)
</enum>
<text>
the strategies and
services that will be used in the local area to assist and expedite
reintegration of homeless veterans into the labor force; and
</text>
</subparagraph>
<subparagraph id="H2CAEA48C67E54E5C9AC7BCCF674942CD">
<enum>
(C)
</enum>
<text>
the veteran
population to be served in the local area;
</text>
</subparagraph>
</paragraph>
<paragraph id="HCF68985B25EC4D768B86DA93420BB10A">
<enum>
(14)
</enum>
<text>
a description
of—
</text>
<subparagraph id="H810FB75EA32444C3A640072A9398BA00">
<enum>
(A)
</enum>
<text>
the duties
assigned to the veteran employment specialist consistent with the requirements
of section 134(f);
</text>
</subparagraph>
<subparagraph id="H4CBF36AD141244B7BF9E54B20011EA74">
<enum>
(B)
</enum>
<text>
the manner in
which the veteran employment specialist is integrated into the One-Stop Career
System described in section 121;
</text>
</subparagraph>
<subparagraph id="HDC4AE4ED585E41E4A82A516C02592E2C">
<enum>
(C)
</enum>
<text>
the date on which
the veteran employment specialist was assigned; and
</text>
</subparagraph>
<subparagraph id="H174DC1F2669F4BF08966F11BCCDB72CC">
<enum>
(D)
</enum>
<text>
whether the
veteran employment specialist has satisfactorily competed such training by the
National Veterans' Employment and Training Services Institute; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H091C27E69585494CA83E91CDA1D712E2">
<enum>
(15)
</enum>
<text>
such other
information as the Governor may
require.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H40B43B0CE9FA4C8D8F687DC9A138F331">
<enum>
(3)
</enum>
<text>
in subsection
(c)(1), by striking
<quote>
such means
</quote>
and inserting
<quote>
electronic
means such
</quote>
; and
</text>
</paragraph>
<paragraph id="H39E1CCDD9DBF4FC0A6F8A6EF74F80265">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
in subsection (c)(2), by striking
<quote>
,
including representatives of business and representatives of labor
organizations,
</quote>
.
</text>
</paragraph>
</section>
<section id="H00F3AFF99280448E8CEA1EBAE2584ABE">
<enum>
108.
</enum>
<header>
Establishment
of one-stop delivery system
</header>
<text display-inline="no-display-inline">
Section 121 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
) is amended—
</text>
<paragraph id="H1282C2BD0AAB492FB7BDD6BC7352C35A">
<enum>
(1)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H4B5B6BA1FCA94786B46B69D536DCB778">
<enum>
(A)
</enum>
<text>
by striking
subparagraph (A) of paragraph (1) and inserting the following:
</text>
<quoted-block id="H6E8395EF4E1B4D7EB7FA910D87E506EF" style="OLC">
<subparagraph id="H9014AA547B2C4D179FA1F6B10E8BD94A">
<enum>
(A)
</enum>
<header>
Roles and
responsibilities of one-stop partners
</header>
<text>
Each entity that carries
out a program or activities described in subparagraph (B) shall—
</text>
<clause id="HA4EF20CCF3424EA59281B79116420771">
<enum>
(i)
</enum>
<text>
provide access
through the one-stop delivery system to the program and activities carried out
by the entity, including making the work ready services described in section
134(c)(2) that are applicable to the program of the entity available at
one-stop centers (in addition to any other appropriate locations);
</text>
</clause>
<clause id="H32E0CBA0A8C04418A421256F205EE9FE">
<enum>
(ii)
</enum>
<text>
use a portion of
the funds available to the program of the entity to maintain the one-stop
delivery system, including payment of the infrastructure costs of one-stop
centers in accordance with subsection (h);
</text>
</clause>
<clause id="HEDF2EBFC0E0048CD98924DCE3DFB963E">
<enum>
(iii)
</enum>
<text>
enter into a
local memorandum of understanding with the local board relating to the
operation of the one-stop delivery system that meets the requirements of
subsection (c); and
</text>
</clause>
<clause id="H20ACE24E463041459861AF210FABFD26">
<enum>
(iv)
</enum>
<text>
participate in
the operation of the one-stop delivery system consistent with the terms of the
memorandum of understanding, the requirements of this title, and the
requirements of the Federal laws authorizing the programs carried out by the
entity.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HE45D5A80163C45F8A6BC2784AF00B147">
<enum>
(B)
</enum>
<text>
in paragraph
(1)(B)—
</text>
<clause id="H1DB50D4A90CD4B4AB4BC34A75D901890">
<enum>
(i)
</enum>
<text>
by
striking clauses (ii), (v), and (vi);
</text>
</clause>
<clause id="HC42EE77CD18A4B9389B3414FFC3233F4">
<enum>
(ii)
</enum>
<text>
by
redesignating clauses (iii) and (iv) as clauses (ii) and (iii),
respectively;
</text>
</clause>
<clause id="H453DE7A1EF734ED8BA3183766016FC87">
<enum>
(iii)
</enum>
<text>
by
redesignating clauses (vii) through (xii) as clauses (iv) through (ix),
respectively;
</text>
</clause>
<clause id="H7ED62F055D94454DA409E410E16A9590">
<enum>
(iv)
</enum>
<text>
in
clause (viii), as so redesignated, by striking
<quote>
and
</quote>
at the
end;
</text>
</clause>
<clause id="H55C8147070EF4E0AA24BB8F2C79EAB65">
<enum>
(v)
</enum>
<text>
in
clause (ix), as so redesignated, by striking the period and inserting
<quote>
;
and
</quote>
; and
</text>
</clause>
<clause id="H780670DCE6374B879BC18BBB89AF9937">
<enum>
(vi)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block id="H215C60810F8C4F48A9D1CD46DB00DB73" style="OLC">
<clause id="HF0B276F7770545DD8127EE5D3EA52BC1">
<enum>
(x)
</enum>
<text>
subject to
subparagraph (C), programs authorized under part A of title IV of the Social
Security Act (42
U.S.C. 601 et seq.).
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H8BC3444962A44087A15A1C299C2A60B5">
<enum>
(C)
</enum>
<text>
by inserting after
paragraph (1)(B) the following:
</text>
<quoted-block id="H3BB806B9CE9244A1BA599CE8B6862D36" style="OLC">
<subparagraph commented="no" id="H187B8F1F75EF422584121F7BB0ACD896">
<enum>
(C)
</enum>
<header>
Determination by
the governor
</header>
<text display-inline="yes-display-inline">
Each entity
carrying out a program described in subparagraph (B)(x) shall carry out the
required partner activities described in subparagraph (A) unless the Governor
of the State in which the local area is located provides the Secretary and
Secretary of Health and Human Services written notice of a determination by the
Governor that such entities shall not carry out such required partner
activities.
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HA3E7EE077BC34CAA9D7788550FF3BEA1">
<enum>
(D)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H99012209BE274894AA40AFBC014175F6">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)(i), by striking
<quote>
section 134(d)(2)
</quote>
and inserting
<quote>
section 134(c)(2)
</quote>
; and
</text>
</clause>
<clause id="H7371C78260A444C7889EB3433718FD01">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B)—
</text>
<subclause id="HC547092BFFA24F25BC136C7F6702FB43">
<enum>
(I)
</enum>
<text>
by striking
clauses (i), (ii), and (v);
</text>
</subclause>
<subclause id="H42B7F53442194B2889DF4056EC6581E5">
<enum>
(II)
</enum>
<text>
in clause (iv),
by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
<subclause id="H927A0EC0D05746E9A958395A2C06980C">
<enum>
(III)
</enum>
<text>
by redesignating
clauses (iii) and (iv) as clauses (i) and (ii), respectively; and
</text>
</subclause>
<subclause id="H781507E527AD4241B9E78FFFA9E4E1A5">
<enum>
(IV)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="HBB2874B2FD1F4AE08F0999ED97C2746B" style="OLC">
<clause id="HB27A7A22AFEE4AEF8C7B94E26B69BE04">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
employment and training programs
administered by the Commissioner of the Social Security Administration;
</text>
</clause>
<clause id="H60474947B83E44198EC2B15C36A9B864">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
employment and training programs carried
out by the Administrator of the Small Business Administration;
</text>
</clause>
<clause id="H0E0321F93C9940C5BA62D4B433D8DF66">
<enum>
(v)
</enum>
<text>
employment,
training, and literacy services carried out by public libraries; and
</text>
</clause>
<clause id="H0793ED10B81C4DD8958CB5B9660B5721">
<enum>
(vi)
</enum>
<text>
other appropriate
Federal, State, or local programs, including programs in the private
sector.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HEF7968812D0744F2BC9C4F0D436743EC">
<enum>
(2)
</enum>
<text>
in subsection
(c)(2), by amending subparagraph (A) to read as follows:
</text>
<quoted-block id="HBF67C78A24594F398C552C9321B8423C" style="OLC">
<subparagraph id="H1954230D00C841819BCDBF13BB12F9FF">
<enum>
(A)
</enum>
<text>
provisions
describing—
</text>
<clause id="HBE1F73CFF7624BFF8007A77193CC8F23">
<enum>
(i)
</enum>
<text>
the services to be
provided through the one-stop delivery system consistent with the requirements
of this section, including the manner in which the services will be coordinated
through such system;
</text>
</clause>
<clause id="HA6F62488058F47829DDDB1E5B0F8B0A0">
<enum>
(ii)
</enum>
<text>
how the costs of
such services and the operating costs of such system will be funded, through
cash and in-kind contributions, to provide a stable and equitable funding
stream for ongoing one-stop system operations, including the funding of the
infrastructure costs of one-stop centers in accordance with subsection
(h);
</text>
</clause>
<clause id="H542A2201D1504D7387BC59EB72D14241">
<enum>
(iii)
</enum>
<text>
methods of
referral of individuals between the one-stop operator and the one-stop partners
for appropriate services and activities, including referrals for nontraditional
employment; and
</text>
</clause>
<clause id="H733CFDFF42704C5DBB808ED82E14B3A6">
<enum>
(iv)
</enum>
<text>
the duration of
the memorandum of understanding and the procedures for amending the memorandum
during the term of the memorandum, and assurances that such memorandum shall be
reviewed not less than once every 3-year period to ensure appropriate funding
and delivery of services;
and
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H650F85D8751C495DA854B402151DD82D">
<enum>
(3)
</enum>
<text>
in subsection
(d)—
</text>
<subparagraph commented="no" id="H493BE147F49B4DF59D5B26DB297DF33E">
<enum>
(A)
</enum>
<text>
in the heading for
paragraph (1), by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Designation and certification
</header-in-text>
</quote>
and
inserting
<quote>
<header-in-text level="paragraph" style="OLC">
Local
designation and certification
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="HE5109382081941A4AF4DC15341E70F4C">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause commented="no" id="H1CA3A2CAAF6845E088E6709FD58AAEAB">
<enum>
(i)
</enum>
<text>
by striking
<quote>
section 134(c)
</quote>
and inserting
<quote>
subsection
(e)
</quote>
;
</text>
</clause>
<clause commented="no" id="H5E2BA0E3DA4646ACAA3A630891042481">
<enum>
(ii)
</enum>
<text>
by amending
subparagraph (A) to read as follows:
</text>
<quoted-block id="HB9293E244FB44755A8F273BACE8FF230" style="OLC">
<subparagraph commented="no" id="H596E3AAEB9EE48AD829D18480FFD6AFB">
<enum>
(A)
</enum>
<text>
shall be
designated or certified as a one-stop operator through a competitive process;
and
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
<clause commented="no" id="HBF39A10387CB4316BBC656098990E3DC">
<enum>
(iii)
</enum>
<text>
in subparagraph
(B), by striking clause (ii) and redesignating clauses (iii) through (vi) as
clauses (ii) through (v), respectively; and
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H2B1D4D39B88B44B9A007647EBC70598A">
<enum>
(C)
</enum>
<text>
in paragraph (3),
by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and
technical
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HC2D6C38D4F5E45ACA88F9CF934326733">
<enum>
(4)
</enum>
<text>
by amending
subsection (e) to read as follows:
</text>
<quoted-block id="HFAFBA2BB039A4B04A70E295A813B8EF9" style="OLC">
<subsection id="H8EC1BD35C0FC41AA947767957B90825E">
<enum>
(e)
</enum>
<header>
Establishment of
one-Stop delivery system
</header>
<paragraph id="H66CD96318B18459EAC8319874868B5EF">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
There shall be established in a State that receives an
allotment under section 132(b) a one-stop delivery system, which shall—
</text>
<subparagraph id="H806B28E92E3048988F59620B31EFB539">
<enum>
(A)
</enum>
<text>
provide the work
ready services described in section 134(c)(2);
</text>
</subparagraph>
<subparagraph id="HBD788C14FF5840AE9341F8F762844345">
<enum>
(B)
</enum>
<text>
provide access to
training services as described in section 134(c)(4), including serving as the
point of access to career enhancement accounts for training services to
participants in accordance with paragraph (4)(F) of such section;
</text>
</subparagraph>
<subparagraph id="H0604B9E04B664A52BCCEB2452F360E95">
<enum>
(C)
</enum>
<text>
provide access to
the activities carried out under section 134(d), if any;
</text>
</subparagraph>
<subparagraph id="HEBB49DCC099A4A2C98509F64F16BDDC5">
<enum>
(D)
</enum>
<text>
provide access to
programs and activities carried out by one-stop partners that are described in
subsection (b) of this section; and
</text>
</subparagraph>
<subparagraph id="HF8B06F92C29B4158A12E5995D3E1A7EA">
<enum>
(E)
</enum>
<text>
provide access to
the information described in section 15(e) of the Wagner-Peyser Act
(29 U.S.C.
49l–2(e)).
</text>
</subparagraph>
</paragraph>
<paragraph id="HAA4B211A9E5E46508A6EF1803FA4498A">
<enum>
(2)
</enum>
<header>
One-stop
delivery
</header>
<text>
At a minimum, the one-stop delivery system—
</text>
<subparagraph id="H12A94DF6CBF04471806E01C888B99529">
<enum>
(A)
</enum>
<text>
shall make each of
the programs, services, and activities described in paragraph (1) accessible at
not less than one physical center in each local area of the State; and
</text>
</subparagraph>
<subparagraph id="H19DFB9A95CF04A5A86EF62CB11C1311D">
<enum>
(B)
</enum>
<text>
may also make
programs, services, and activities described in paragraph (1) available—
</text>
<clause id="H359449F823FA460E9B24068D7BDFD7B9">
<enum>
(i)
</enum>
<text>
through a network
of affiliated sites that can provide one or more of the programs, services, and
activities to individuals; and
</text>
</clause>
<clause id="HE7850B7D8BC14438B1A7150BFCCA2A6B">
<enum>
(ii)
</enum>
<text>
through a network
of eligible one-stop partners—
</text>
<subclause id="H740131BF1F414A0EB71A67D78942745C">
<enum>
(I)
</enum>
<text>
in which each
partner provides one or more of the programs, services, and activities to such
individuals and is accessible at an affiliated site that consists of a physical
location or an electronically- or technologically-linked access point;
and
</text>
</subclause>
<subclause id="H32EBCF5B0C9F481386F546F25BA893FB">
<enum>
(II)
</enum>
<text>
that assures
individuals that information on the availability of the work ready services
will be available regardless of where the individuals initially enter the
statewide workforce investment system, including information made available
through an access point described in subclause (I).
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H48A5091D5D7B4033B26FCFD58B54F985">
<enum>
(3)
</enum>
<header>
Specialized
centers
</header>
<text>
The centers and sites described in paragraph (2) may have
a specialization in addressing special
needs.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H77C480C6733E410E9D03780FBE6B8CBD">
<enum>
(5)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="HC53202803DA04F92BE2AC12FE97DDB5E" style="OLC">
<subsection id="H3414BE8A3D0D434E80D4EB234F9C09DE">
<enum>
(g)
</enum>
<header>
Certification of
one-Stop centers
</header>
<paragraph id="HFBC4158EAFD54ACA877AAA72D8BB2FB5">
<enum>
(1)
</enum>
<header>
In
general
</header>
<subparagraph id="H3BEE15FD7CDF49D0A7C2128DD9BA8E06">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The State board shall establish objective procedures and
criteria for certifying, at least once every 3 years, one-stop centers for the
purpose of awarding the one-stop infrastructure funding described in subsection
(h).
</text>
</subparagraph>
<subparagraph id="HEE61270D68A346EC8BC3791025F30FD3">
<enum>
(B)
</enum>
<header>
Criteria
</header>
<text>
The
criteria for certification under this subsection shall include—
</text>
<clause id="H9314EA9318E547FA8B6557E9347E8D28">
<enum>
(i)
</enum>
<text>
meeting all of the
expected levels of performance for each of the core indicators of performance
as outlined in the State plan under section 112;
</text>
</clause>
<clause id="HEF08EF450A874CCF999981BDC82D22C1">
<enum>
(ii)
</enum>
<text>
meeting minimum
standards relating to the scope and degree of service integration achieved by
the centers involving the programs provided by the one-stop partners;
and
</text>
</clause>
<clause id="HF26CA1F100F244708881D6B9DBE50F2A">
<enum>
(iii)
</enum>
<text>
meeting minimum
standards relating to how the centers ensure that eligible providers meet the
employment needs of local employers and participants.
</text>
</clause>
</subparagraph>
<subparagraph id="H1903998A10584B6C9065FBF5AB80D85F">
<enum>
(C)
</enum>
<header>
Effect of
certification
</header>
<text>
One-stop centers certified under this subsection
shall be eligible to receive the infrastructure grants authorized under
subsection (h).
</text>
</subparagraph>
</paragraph>
<paragraph id="H83EF37B72DDF4D838B5BE716DDDF12B9">
<enum>
(2)
</enum>
<header>
Local
boards
</header>
<text>
Consistent with the criteria developed by the State, the
local board may develop additional criteria of higher standards to respond to
local labor market and demographic conditions and trends.
</text>
</paragraph>
</subsection>
<subsection id="HF9E54576EFC84A83B79CA552DF65C4DC">
<enum>
(h)
</enum>
<header>
One-Stop
infrastructure funding
</header>
<paragraph id="H7B9795FDAD3B4E908E17F1592D97254F">
<enum>
(1)
</enum>
<header>
Partner
contributions
</header>
<subparagraph id="H55BF0C86800F48BB8DD70F4A11A70A64">
<enum>
(A)
</enum>
<header>
Provision of
funds
</header>
<text display-inline="yes-display-inline">
Notwithstanding any
other provision of law, as determined under subparagraph (B), a portion of the
Federal funds provided to the State and areas within the State under the
Federal laws authorizing the one-stop partner programs described in subsection
(b)(1)(B) and participating additional partner programs described in subsection
(b)(2)(B) for a fiscal year shall be provided to the Governor by such programs
to carry out this subsection.
</text>
</subparagraph>
<subparagraph id="H95D38E8C28CF46C1B8F88908068A70C6">
<enum>
(B)
</enum>
<header>
Determination of
governor
</header>
<clause id="H138C84B622204EEAA298A014829E7CB1">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
Subject to subparagraph (C), the Governor, in
consultation with the State board, shall determine the portion of funds to be
provided under subparagraph (A) by each one-stop partner and in making such
determination shall consider the proportionate use of the one-stop centers by
each partner, the costs of administration for purposes not related to one-stop
centers for each partner, and other relevant factors described in paragraph
(3).
</text>
</clause>
<clause id="H764BDAEB15DD4F6EAAD307332F76E50F">
<enum>
(ii)
</enum>
<header>
Special
rule
</header>
<text>
In those States where the State constitution places
policy-making authority that is independent of the authority of the Governor in
an entity or official with respect to the funds provided for adult education
and literacy activities authorized under title II of this Act and for
postsecondary career education activities authorized under the Carl D. Perkins
Career and Technical Education Act, the determination described in clause (i)
with respect to such programs shall be made by the Governor with the
appropriate entity or official with such independent policy-making
authority.
</text>
</clause>
<clause id="HC5B7C11887344A9FBB2A796FFC5FBC32">
<enum>
(iii)
</enum>
<header>
Appeal by
one-stop partners
</header>
<text>
The Governor shall establish a procedure for
the one-stop partner administering a program described in subsection (b) to
appeal a determination regarding the portion of funds to be contributed under
this paragraph on the basis that such determination is inconsistent with the
criteria described in the State plan or with the requirements of this
paragraph. Such procedure shall ensure prompt resolution of the appeal.
</text>
</clause>
</subparagraph>
<subparagraph id="H9734BA9FA2A7426CB032E0EFFDE59503">
<enum>
(C)
</enum>
<header>
Limitations
</header>
<clause id="HEC8C95B47C5C47B5ABD63BA210E8978B">
<enum>
(i)
</enum>
<header>
Provision from
administrative funds
</header>
<text>
The funds provided under this paragraph by
each one-stop partner shall be provided only from funds available for the costs
of administration under the program administered by such partner, and shall be
subject to the limitations with respect to the portion of funds under such
programs that may be used for administration.
</text>
</clause>
<clause id="H547CE59CD15A479CAF0EADE7429CF0AF">
<enum>
(ii)
</enum>
<header>
Federal direct
spending programs
</header>
<text>
Programs that are Federal direct spending under
section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C.
900(c)(8)) shall not, for purposes of this paragraph, be
required to provide an amount in excess of the amount determined to be
equivalent to the proportionate use of the one-stop centers by such programs in
the State.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H415EC8E8751846AAA12F056D207411F4">
<enum>
(2)
</enum>
<header>
Allocation by
governor
</header>
<text>
From the funds provided under paragraph (1), the
Governor shall allocate funds to local areas in accordance with the formula
established under paragraph (3) for the purposes of assisting in paying the
costs of the infrastructure of one-stop centers certified under subsection
(g).
</text>
</paragraph>
<paragraph id="H7379E87D967E4EF08A4869EE40F561FA">
<enum>
(3)
</enum>
<header>
Allocation
formula
</header>
<text>
The State board shall develop a formula to be used by the
Governor to allocate the funds described in paragraph (1). The formula shall
include such factors as the State board determines are appropriate, which may
include factors such as the number of centers in the local area that have been
certified, the population served by such centers, and the performance of such
centers.
</text>
</paragraph>
<paragraph id="H634BD91A9F5C4D16AC9E64DAC89B2A7F">
<enum>
(4)
</enum>
<header>
Costs of
infrastructure
</header>
<text>
For purposes of this subsection, the term
<term>
costs of infrastructure
</term>
means the nonpersonnel costs that are
necessary for the general operation of a one-stop center, including the rental
costs of the facilities, the costs of utilities and maintenance, and equipment
(including assistive technology for individuals with disabilities).
</text>
</paragraph>
</subsection>
<subsection id="HBF2EEE820D344E1CBB820DB07AEC2906">
<enum>
(i)
</enum>
<header>
Other
funds
</header>
<paragraph id="HBC60C8F2FEDE4A94A17352AE7A19E457">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In addition to the funds provided to carry out subsection
(h), a portion of funds made available under Federal law authorizing the
one-stop partner programs described in subsection (b)(1)(B) and participating
additional partner programs described in subsection (b)(2)(B), or the noncash
resources available under such programs shall be used to pay the costs relating
to the operation of the one-stop delivery system that are not paid for from the
funds provided under subsection (h), to the extent not inconsistent with the
Federal law involved including—
</text>
<subparagraph id="HCBED51433D0C4FEA8CD907DB8FC25BAF">
<enum>
(A)
</enum>
<text>
infrastructure
costs that are in excess of the funds provided under subsection (h);
</text>
</subparagraph>
<subparagraph id="HCC688B8602D14376987F1F5973C84B56">
<enum>
(B)
</enum>
<text>
common costs that
are in addition to the costs of infrastructure; and
</text>
</subparagraph>
<subparagraph id="H23C02826FB1546CB8BF87F665E10C446">
<enum>
(C)
</enum>
<text>
the costs of the
provision of work ready services applicable to each program.
</text>
</subparagraph>
</paragraph>
<paragraph id="H719C545E7C3B4D8683BD187B260B7A84">
<enum>
(2)
</enum>
<header>
Determination
and guidance
</header>
<text>
The method for determining the appropriate portion
of funds and noncash resources to be provided by each program under paragraph
(1) shall be determined as part of the memorandum of understanding under
subsection (c). The State board shall provide guidance to facilitate the
determination of appropriate allocation of the funds and noncash resources in
local
areas.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H8B04479CCE234FF2B4C26F6E86E373EB">
<enum>
109.
</enum>
<header>
Identification
of eligible providers of training services
</header>
<text display-inline="no-display-inline">
Section 122 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2842">
29 U.S.C. 2842
</external-xref>
) is amended to read
as follows:
</text>
<quoted-block id="H20E3A4BAF5B746DFAD6BD0BA682F4362" style="OLC">
<section id="H2E6CE03E7FD548F6958A38A297EDA351">
<enum>
122.
</enum>
<header>
Identification
of eligible providers of training services
</header>
<subsection id="HD0A71685E3DA44CB80C0D7F8B5FB0CA3">
<enum>
(a)
</enum>
<header>
Eligibility
</header>
<paragraph id="H6B89BE3A81914CD5AC9BD65F942C5386">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Governor, after consultation with the State board,
shall establish criteria and procedures regarding the eligibility of providers
of training services described in section 134(c)(4) to receive funds provided
under section 133(b) for the provision of such training services.
</text>
</paragraph>
<paragraph id="H4B7814C62029474FB297DD24AF9EE31F">
<enum>
(2)
</enum>
<header>
Providers
</header>
<text>
Subject
to the provisions of this section, to be eligible to receive the funds provided
under section 133(b) for the provision of training services, the provider shall
be—
</text>
<subparagraph id="H92367335D1304AF28B4BF0E453CD0501">
<enum>
(A)
</enum>
<text>
a postsecondary
educational institution that—
</text>
<clause id="HF06FEFB2DDCB422BB1759007752ED946">
<enum>
(i)
</enum>
<text>
is
eligible to receive Federal funds under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070
et seq.); and
</text>
</clause>
<clause id="HA75036BF067C4B54856A72ECC299D15A">
<enum>
(ii)
</enum>
<text>
provides a
program that leads to a recognized postsecondary credential;
</text>
</clause>
</subparagraph>
<subparagraph id="HA3D24541907E41EE9A3C318FA3DD5C29">
<enum>
(B)
</enum>
<text>
an entity that
carries out programs under the Act of August 16, 1937 (commonly known as the
<quote>
National Apprenticeship Act
</quote>
; 50 Stat. 664, chapter 663;
29 U.S.C. 50 et
seq.); or
</text>
</subparagraph>
<subparagraph id="HC32776FF179D41D69C5EE847BC3ED03B">
<enum>
(C)
</enum>
<text>
another public or
private provider of a program of training services.
</text>
</subparagraph>
</paragraph>
<paragraph id="H000D3BFBC4AD48829D41C3998F85A55E">
<enum>
(3)
</enum>
<header>
Inclusion in
list of eligible providers
</header>
<text>
A provider described in subparagraph
(A) or (C) of paragraph (2) shall comply with the criteria and procedures
established under this section to be included on the list of eligible providers
of training services described in subsection (d). A provider described in
paragraph (2)(B) shall be included on the list of eligible providers of
training services described in subsection (d) for so long as the provider
remains certified by the Secretary of Labor to carry out the programs described
in paragraph (2)(B).
</text>
</paragraph>
</subsection>
<subsection id="HE46DF8C00A3B416EAC09AFB9C9637143">
<enum>
(b)
</enum>
<header>
Criteria
</header>
<paragraph id="H285DC7E2B32145C7A263A56C876C2844">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The criteria established pursuant to subsection (a) shall
take into account—
</text>
<subparagraph id="H266FC1BED5A648BB9AB9E1CC716E651C">
<enum>
(A)
</enum>
<text>
the performance of
providers of training services with respect to the performance measures
described in section 136 and other matters for which information is required
under paragraph (2) and other appropriate measures of performance outcomes for
those participants receiving training services under this subtitle;
</text>
</subparagraph>
<subparagraph id="H2C26C6936E4D46518E4ABBF1796F571C">
<enum>
(B)
</enum>
<text>
whether the
training programs of such providers relate to occupations that are in
demand;
</text>
</subparagraph>
<subparagraph id="HF380502C66B043BC8954FA9B3897C602">
<enum>
(C)
</enum>
<text>
the need to ensure
access to training services throughout the State, including in rural
areas;
</text>
</subparagraph>
<subparagraph id="H2B0933CFE8694183AA2CD75D0C2F2C6F">
<enum>
(D)
</enum>
<text>
the ability of
providers to offer programs that lead to a recognized postsecondary
credential;
</text>
</subparagraph>
<subparagraph id="H195B5B2467F04FDCA49A26A96470826D">
<enum>
(E)
</enum>
<text>
the information
such providers are required to report to State agencies with respect to other
Federal and State programs (other than the program carried out under this
subtitle), including one-stop partner programs; and
</text>
</subparagraph>
<subparagraph id="HA26F506806D44DDAB1B07533790503A6">
<enum>
(F)
</enum>
<text>
such other factors
as the Governor determines are appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB8A1E71E668B4EF5951BDCD7D53B4FE6">
<enum>
(2)
</enum>
<header>
Information
</header>
<text>
The
criteria established by the Governor shall require that a provider of training
services submit appropriate, accurate, and timely information to the State for
purposes of carrying out subsection (d), with respect to participants receiving
training services under this subtitle in the applicable program,
including—
</text>
<subparagraph id="H0AB789A23C8F4E0E9A0C20E7ECC04766">
<enum>
(A)
</enum>
<text>
information on
recognized postsecondary credentials received by such participants;
</text>
</subparagraph>
<subparagraph id="H0CA9D8937D554613A32D58D9E88B54C1">
<enum>
(B)
</enum>
<text>
information on
costs of attendance for such participants;
</text>
</subparagraph>
<subparagraph id="H5316B823A62D4982B3FB0CEDDF335F58">
<enum>
(C)
</enum>
<text>
information on the
program completion rate for such participants; and
</text>
</subparagraph>
<subparagraph id="H3AABC6591F6B4E8F9382209874B7B551">
<enum>
(D)
</enum>
<text>
information on the
performance of the provider with respect to the performance measures described
in section 136 for such participants.
</text>
</subparagraph>
</paragraph>
<paragraph id="H607788F215F143A98899CABFF217A679">
<enum>
(3)
</enum>
<header>
Renewal
</header>
<text>
The
criteria established by the Governor shall also provide for a review every 3
years and renewal of eligibility under this section for providers of training
services.
</text>
</paragraph>
<paragraph id="H557DC3EC96EF484BB7911FCF29F17A4A">
<enum>
(4)
</enum>
<header>
Local
criteria
</header>
<text>
A local board in the State may establish criteria in
addition to the criteria established by the Governor, or may require higher
levels of performance than required under the criteria established by the
Governor, for purposes of determining the eligibility of providers of training
services to receive funds described in subsection (a) to provide the services
in the local area involved.
</text>
</paragraph>
<paragraph id="HA7E11356383344C78BAB42028403D762">
<enum>
(5)
</enum>
<header>
Limitation
</header>
<text>
In
carrying out the requirements of this subsection, no personally identifiable
information regarding a student, including Social Security number, student
identification number, or other identifier, may be disclosed without the prior
written consent of the parent or eligible student in compliance with section
444 of the General Education Provisions Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1232g">
20 U.S.C. 1232g
</external-xref>
).
</text>
</paragraph>
</subsection>
<subsection id="HA1E718D20FCA4D58AF1F9BAD8879C31A">
<enum>
(c)
</enum>
<header>
Procedures
</header>
<text>
The
procedures established under subsection (a) shall—
</text>
<paragraph id="H39FA67B01FDF469190BED3E771FBFDE2">
<enum>
(1)
</enum>
<text>
identify—
</text>
<subparagraph id="H85F5C733AB87411799E452AE2C037B1D">
<enum>
(A)
</enum>
<text>
the application
process for a provider of training services to become eligible to receive funds
under section 133(b) for the provision of training services; and
</text>
</subparagraph>
<subparagraph id="H5E95B76B04524BAA9BE76CA928278240">
<enum>
(B)
</enum>
<text>
the respective
roles of the State and local areas in receiving and reviewing applications and
in making determinations of eligibility based on the criteria established under
this section; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HFAB1E843A84C49BDBFC234B9B5D2B9A4">
<enum>
(2)
</enum>
<text>
establish a
process for a provider of training services to appeal a denial or termination
of eligibility under this section that includes an opportunity for a hearing
and prescribes appropriate time limits to ensure prompt resolution of the
appeal.
</text>
</paragraph>
</subsection>
<subsection id="H635B1E339F8F43AAA0DA4864816389C8">
<enum>
(d)
</enum>
<header>
Information To
assist participants in choosing providers
</header>
<text>
In order to facilitate
and assist participants under chapter 5 in choosing providers of training
services, the Governor shall ensure that an appropriate list or lists of
providers determined eligible under this section in the State, including
information provided under subsection (b)(2) with respect to such providers, is
provided to the local boards in the State and is made available to such
participants and to members of the public through the one-stop delivery system
in the State.
</text>
</subsection>
<subsection id="HFA561E9735C945C7900FA4D5869C025C">
<enum>
(e)
</enum>
<header>
Enforcement
</header>
<paragraph id="H2F8866A2DE7743C1AF284B565EDDA737">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The criteria and procedures established under this
section shall provide the following:
</text>
<subparagraph id="H8070A17D29B241D3BC0C0FB2D029DAF2">
<enum>
(A)
</enum>
<header>
Intentionally
supplying inaccurate information
</header>
<text>
Upon a determination, by an
individual or entity specified in the criteria or procedures, that a provider
of training services, or individual providing information on behalf of the
provider, intentionally supplied inaccurate information under this section, the
eligibility of such provider to receive funds under chapter 5 shall be
terminated for a period of time that is not less than 2 years.
</text>
</subparagraph>
<subparagraph id="HCCF9539AF92A4681AD92506D50ADBA66">
<enum>
(B)
</enum>
<header>
Substantial
violations
</header>
<text>
Upon a determination, by an individual or entity
specified in the criteria or procedures, that a provider of training services
substantially violated any requirement under this title, the eligibility of
such provider to receive funds under the program involved shall be terminated
for a period of time that is not less than 10 years.
</text>
</subparagraph>
<subparagraph id="H23A477A8E4174CA6B125153E7229DD7D">
<enum>
(C)
</enum>
<header>
Repayment
</header>
<text>
A
provider of training services whose eligibility is terminated under
subparagraph (A) or (B) shall be liable for the repayment of funds received
under chapter 5 during a period of noncompliance described in such
subparagraph.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2242F1DC4BB84738B8FE78FA52F43D4E">
<enum>
(2)
</enum>
<header>
Construction
</header>
<text>
Paragraph
(1) shall be construed to provide remedies and penalties that supplement, but
do not supplant, other civil and criminal remedies and penalties.
</text>
</paragraph>
</subsection>
<subsection id="HD23F4C83220049BB962229D59D3B4CA2">
<enum>
(f)
</enum>
<header>
Agreements with
other states
</header>
<text>
States may enter into agreements, on a reciprocal
basis, to permit eligible providers of training services to accept career
enhancement accounts provided in another State.
</text>
</subsection>
<subsection id="HD89918F7F8534318A162EC07D832666B">
<enum>
(g)
</enum>
<header>
Recommendations
</header>
<text>
In
developing the criteria, procedures, and information required under this
section, the Governor shall solicit and take into consideration the
recommendations of local boards and providers of training services within the
State.
</text>
</subsection>
<subsection id="H129275DE82744384AC95AA10DF773209">
<enum>
(h)
</enum>
<header>
Opportunity To
submit comments
</header>
<text>
During the development of the criteria,
procedures, requirements for information, and the list of eligible providers
required under this section, the Governor shall provide an opportunity for
interested members of the public to submit comments regarding such criteria,
procedures, and information.
</text>
</subsection>
<subsection id="H6F8FA6B50112437485C44BA3D29C65E5">
<enum>
(i)
</enum>
<header>
On-the-Job
training or customized training exception
</header>
<paragraph id="H9AA811A89A3042E88D363CD704805E53">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Providers of on-the-job training or customized training
shall not be subject to the requirements of subsections (a) through (d).
</text>
</paragraph>
<paragraph id="H4EB245E26D01496496A0647594A04FB6">
<enum>
(2)
</enum>
<header>
Collection and
dissemination of information
</header>
<text>
A one-stop operator in a local area
shall collect such performance information from on-the-job training and
customized training providers as the Governor may require, determine whether
the providers meet such performance criteria as the Governor may require, and
disseminate information identifying providers that meet the criteria as
eligible providers, and the performance information, through the one-stop
delivery system. Providers determined to meet the criteria shall be considered
to be identified as eligible providers of training
services.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H7F6F699AB7B944E1829D8F8184727FC6">
<enum>
110.
</enum>
<header>
General
authorization
</header>
<text display-inline="no-display-inline">
Chapter 5 of
subtitle B of title I is amended—
</text>
<paragraph id="HC995FE2CB18147DE95CDCA2FC09FF9DC">
<enum>
(1)
</enum>
<text>
by striking the
heading for chapter 5 and inserting the following:
<quote>
<header-in-text level="chapter" style="OLC">
Employment and training activities
</header-in-text>
</quote>
;
and
</text>
</paragraph>
<paragraph id="H4918FC39D6A8400B9D3377F4FB2F7374">
<enum>
(2)
</enum>
<text>
in section 131
(29 U.S.C.
2861)—
</text>
<subparagraph id="H590A17887DC24E42967493E6178544D8">
<enum>
(A)
</enum>
<text>
by striking
<quote>
paragraphs (1)(B) and (2)(B) of
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H5D574D97E4E84646BC5722FE960AA3AB">
<enum>
(B)
</enum>
<text>
by striking
<quote>
adults, and dislocated workers,
</quote>
and inserting
<quote>
individuals
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H7B2C3A50F1754EF1B7ABBF2E765B6DA0">
<enum>
111.
</enum>
<header>
State
allotments
</header>
<text display-inline="no-display-inline">
Section 132
(29 U.S.C.
2862) is amended—
</text>
<paragraph id="H3E8B96694BB34B9696B9C16099D54040">
<enum>
(1)
</enum>
<text>
by amending
subsection (a) to read as follows:
</text>
<quoted-block id="HDC0481A91B8B4886A0F04D6B330138E6" style="OLC">
<subsection id="H18E6254E9885477395404B2546FC2144">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall—
</text>
<paragraph id="H0E20B6B12DB744C19DBD506B2C91AA67">
<enum>
(1)
</enum>
<text>
reserve ½ of 1
percent of the total amount appropriated under section 137 for a fiscal year,
of which—
</text>
<subparagraph id="H9CAB3A9F392C41A0B03ED567D62461B4">
<enum>
(A)
</enum>
<text>
50 percent shall
be used to provide technical assistance under section 170; and
</text>
</subparagraph>
<subparagraph id="H74C27CA077894A1B955309A6FFE10B4B">
<enum>
(B)
</enum>
<text>
50 percent shall
be used for evaluations under section 172;
</text>
</subparagraph>
</paragraph>
<paragraph id="H58CD846520254807BA640BD85C8CCFBB">
<enum>
(2)
</enum>
<text>
reserve 1 percent
of the total amount appropriated under section 137 for a fiscal year to make
grants to, and enter into contracts or cooperative agreements with Indian
tribes, tribal organizations, Alaska-Native entities, Indian-controlled
organizations serving Indians, or Native Hawaiian organizations to carry out
employment and training activities;
</text>
</paragraph>
<paragraph id="H8B287B5B8A2C428584455F2F963B668A">
<enum>
(3)
</enum>
<text>
reserve not more
than 25 percent of the total amount appropriated under section 137 for a fiscal
year to carry out the Jobs Corps program under subtitle C;
</text>
</paragraph>
<paragraph id="HC8C4D41951984982BA44E1060339AFDD">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
reserve not more than 3.5 percent of the
total amount appropriated under section 137 for a fiscal year to—
</text>
<subparagraph id="H81FBE57682554EDCA40DC2C11DCCB49D">
<enum>
(A)
</enum>
<text>
make grants to
State or local boards to provide employment and training assistance to workers
affected by major economic dislocations, such as plant closures, mass layoffs,
or closures and realignments of military installations; and
</text>
</subparagraph>
<subparagraph id="HA56E3EBD47B64CF3AD7EFF685234CCE0">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
provide assistance to Governors of States
with an area that has suffered an emergency or a major disaster (as such terms
are defined in paragraphs (1) and (2), respectively, of section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5122">
42 U.S.C. 5122
</external-xref>
)) to
provide disaster relief employment in the area; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H2A5FEC089D0A4ACB94B20BCFDE4ED8DB">
<enum>
(5)
</enum>
<text>
from the remaining
amount appropriated under section 137 for a fiscal year (after reserving funds
under paragraphs (1) through (4)), make allotments in accordance with
subsection (b) of this section.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H94997FD01733409EB40C03EF040B8619">
<enum>
(2)
</enum>
<text>
by amending
subsection (b) to read as follows:
</text>
<quoted-block id="H34CDDD661C614AB7BCA47DF69E402B4F" style="OLC">
<subsection id="HCCFF3C06FE95431EBAA14E684DD44C2D">
<enum>
(b)
</enum>
<header>
Workforce
investment fund
</header>
<paragraph id="H684A0F140CD74D2491791150C7B10BED">
<enum>
(1)
</enum>
<header>
Reservation for
outlying areas
</header>
<subparagraph id="H7A99520637DE49A6AA43F434B771BAA8">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
From the amount made available under subsection (a)(5)
for a fiscal year, the Secretary shall reserve not more than
<fraction>
1/4
</fraction>
of 1 percent to provide assistance to the outlying
areas.
</text>
</subparagraph>
<subparagraph id="H091E1B2731FE485DB2F47F10F3481737">
<enum>
(B)
</enum>
<header>
Restriction
</header>
<text display-inline="yes-display-inline">
The Republic of Palau shall cease to be
eligible to receive funding under this subparagraph upon entering into an
agreement for extension of United States educational assistance under the
Compact of Free Association (approved by the Compact of Free Association
Amendments Act of 2003 (
<external-xref legal-doc="public-law" parsable-cite="pl/99/658">
Public Law 99–658
</external-xref>
)) after the date of
enactment of the SKILLS Act.
</text>
</subparagraph>
</paragraph>
<paragraph id="H8558CAAB6E5845E0B3F74E6D7ED30D9A">
<enum>
(2)
</enum>
<header>
States
</header>
<subparagraph id="H2CB9D0C1F5B74E71B8D483772C7975FB">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
After determining the amount to be reserved under
paragraph (1), the Secretary shall allot the remainder of the amount referred
to in subsection (a)(5) for a fiscal year to the States pursuant to
<internal-xref idref="HC5FE4F048B724031B9B1AAD7EC9F9E9B" legis-path="q:H34CDDD661C614AB7BCA47DF69E402B4F:(b)(2)(B)">
subparagraph
(B)
</internal-xref>
for employment and training activities and statewide
workforce investment activities.
</text>
</subparagraph>
<subparagraph id="HC5FE4F048B724031B9B1AAD7EC9F9E9B">
<enum>
(B)
</enum>
<header>
Formula
</header>
<text>
Subject
to
<internal-xref idref="H1942328761C244BFA032E6ED65B47FE2" legis-path="q:H34CDDD661C614AB7BCA47DF69E402B4F:(b)(2)(C)">
subparagraphs
(C)
</internal-xref>
and
<internal-xref idref="H80DC28C812254B4DA37F8694C5BE04ED" legis-path="q:H34CDDD661C614AB7BCA47DF69E402B4F:(b)(2)(D)">
(D)
</internal-xref>
,
of the remainder—
</text>
<clause id="H70B0EDD21A53427A8DBEB90A1568B99F">
<enum>
(i)
</enum>
<text>
25
percent shall be allotted on the basis of the relative number of unemployed
individuals in areas of substantial unemployment in each State, compared to the
total number of unemployed individuals in areas of substantial unemployment in
all States;
</text>
</clause>
<clause id="H147733CF00264ECDBC27D8FFFCC87056">
<enum>
(ii)
</enum>
<text>
25 percent shall
be allotted on the basis of the relative number of individuals in the civilian
labor force in each State, compared to the total number of such individuals in
all States;
</text>
</clause>
<clause id="H84CEDACD6B964E9682650FD0D86B4EB0">
<enum>
(iii)
</enum>
<text>
25 percent shall
be allotted on the basis of the relative number of individuals in each State
who have been unemployed for 15 weeks or more, compared to the total number of
individuals in all States who have been unemployed for 15 weeks or more;
and
</text>
</clause>
<clause id="H5F03064BF6684546AB4400668BFD2108">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
25 percent shall be allotted on the basis
of the relative number of disadvantaged youth in each State, compared to the
total number of disadvantaged youth in all States.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H1942328761C244BFA032E6ED65B47FE2">
<enum>
(C)
</enum>
<header>
Minimum and
maximum percentages
</header>
<clause commented="no" id="H451F0251C9154330A2E577684E84CEA9">
<enum>
(i)
</enum>
<header>
Minimum
percentage
</header>
<text>
The Secretary shall ensure that no State shall receive
an allotment under this paragraph for—
</text>
<subclause commented="no" id="H92E781D877E54DEC9D7085BC0986C82B">
<enum>
(I)
</enum>
<text>
each of fiscal
years 2014 through 2016, that is less than 100 percent of the allotment
percentage of the State for fiscal year 2012; and
</text>
</subclause>
<subclause commented="no" id="H872F7F67C0734FB6A46F4192C0D30B4A">
<enum>
(II)
</enum>
<text>
fiscal year 2017
and each succeeding fiscal year, that is less than 90 percent of the allotment
percentage of the State for the preceding fiscal year.
</text>
</subclause>
</clause>
<clause commented="no" id="HEE44E229AC27451AA55FFD1777E2DF4F">
<enum>
(ii)
</enum>
<header>
Maximum
percentage
</header>
<text>
Subject to clause (i), the Secretary shall ensure that
no State shall receive an allotment under this paragraph for—
</text>
<subclause id="HD6514E17CE17427D9A7F39AC5B679682">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
each of fiscal years 2014 through 2016,
that is more than 130 percent of the allotment percentage of the State for
fiscal year 2012; and
</text>
</subclause>
<subclause id="H1245A624A0B84AE3B15B183B14C9F7D1">
<enum>
(II)
</enum>
<text>
fiscal year 2017
and each succeeding fiscal year, that is more than 130 percent of the allotment
percentage of the State for the preceding fiscal year.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H80DC28C812254B4DA37F8694C5BE04ED">
<enum>
(D)
</enum>
<header>
Small state
minimum allotment
</header>
<text>
Subject to
<internal-xref idref="H1942328761C244BFA032E6ED65B47FE2" legis-path="q:H34CDDD661C614AB7BCA47DF69E402B4F:(b)(2)(C)">
subparagraph
(C)
</internal-xref>
, the Secretary shall ensure that no State shall receive an
allotment under this paragraph for a fiscal year that is less than
<fraction>
1/5
</fraction>
of 1 percent of the remainder described in
<internal-xref idref="H2CB9D0C1F5B74E71B8D483772C7975FB" legis-path="q:H34CDDD661C614AB7BCA47DF69E402B4F:(b)(2)(A)">
subparagraph
(A)
</internal-xref>
for the fiscal year.
</text>
</subparagraph>
<subparagraph id="HF22F0B32FDCF4A30BEF411D6EEE1ED01">
<enum>
(E)
</enum>
<header>
Definitions
</header>
<text>
For
the purpose of the formula specified in this paragraph:
</text>
<clause commented="no" id="HC4B497CADE144A55BBDAAEAC85F15293">
<enum>
(i)
</enum>
<header>
Allotment
percentage
</header>
<text display-inline="yes-display-inline">
The term
<term>
allotment percentage
</term>
—
</text>
<subclause commented="no" id="H9B1906E1A5C945929A33CEBAE6CAEFC9">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
used with respect to fiscal year 2012,
means the percentage of the amounts allotted to States under title I of this
Act, title V of the Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056">
42 U.S.C. 3056 et seq.
</external-xref>
), the Women
in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et
seq.), sections
4103A and
4104
of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser
Act (29 U.S.C. 49 et
seq.), as such provisions were in effect for fiscal year 2012,
that is received under such provisions by the State involved for fiscal year
2012; and
</text>
</subclause>
<subclause commented="no" id="HB2C5B462B49246CDBF63C753D573F7F7">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
used with respect to fiscal year 2016 or a
succeeding fiscal year, means the percentage of the amounts allotted to States
under this paragraph for the fiscal year that is received under this paragraph
by the State involved for the fiscal year.
</text>
</subclause>
</clause>
<clause commented="no" id="HBD9F664897C14EA8897EA37A808C3E1F">
<enum>
(ii)
</enum>
<header>
Disadvantaged
youth
</header>
<text display-inline="yes-display-inline">
The term
<term>
disadvantaged youth
</term>
means an individual who is not less than age
16 and not more than age 24 who receives an income, or is a member of a family
that received a total family income, that in relation to family size, does not
exceed the higher of—
</text>
<subclause id="H9EEA69C665FA419082FC37F9281340CD">
<enum>
(I)
</enum>
<text>
the poverty line;
or
</text>
</subclause>
<subclause id="HD7AC0400363041BE81747BB8A1BB95F8">
<enum>
(II)
</enum>
<text>
70 percent of the
lower living standard income level.
</text>
</subclause>
</clause>
<clause id="H8CBA4FC779ED419599C74C58C2BA7EA1">
<enum>
(iii)
</enum>
<header>
Individual
</header>
<text>
The
term
<term>
individual
</term>
means an individual who is age 16 or
older.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H81CB0B28FEE143ED83F06B7D5493D8AC">
<enum>
112.
</enum>
<header>
Within State
allocations
</header>
<text display-inline="no-display-inline">
Section 133 is
amended—
</text>
<paragraph id="H8AD6C740BA4A4C5797215CB66C057E17">
<enum>
(1)
</enum>
<text>
by amending
subsection (a) to read as follows:
</text>
<quoted-block id="H4419CDDA83CB4B618EB330E359FA77F1" style="OLC">
<subsection id="HEFE262FC993D45ADB9CFE3A564F925D3">
<enum>
(a)
</enum>
<header>
Reservations for
Statewide workforce investment activities
</header>
<paragraph id="HB4B07A6A90F5443D9840F284064A2363">
<enum>
(1)
</enum>
<header>
Statewide
employment and training activities
</header>
<text>
The Governor of a State shall
reserve up to 15 percent of the total amount allotted to the State under
section 132(b)(2) for a fiscal year to carry out the statewide activities
described in section 134(a).
</text>
</paragraph>
<paragraph id="HA0853B29A6564D0F9149C2BF5B360E78">
<enum>
(2)
</enum>
<header>
Statewide rapid
response activities
</header>
<text>
Of the amount reserved under
<internal-xref idref="HB4B07A6A90F5443D9840F284064A2363" legis-path="q:H4419CDDA83CB4B618EB330E359FA77F1:(a)(1)">
paragraph
(1)
</internal-xref>
for a fiscal year, the Governor of the State shall reserve
not more than 25 percent for statewide rapid response activities described in
section 134(a)(4).
</text>
</paragraph>
<paragraph id="HEE23EE5672A54A7A964236990F1B1333">
<enum>
(3)
</enum>
<header>
Statewide grants
for individuals with barriers to employment
</header>
<text display-inline="yes-display-inline">
Of the amount reserved under paragraph (1)
for a fiscal year, the Governor of a State shall reserve 15 percent to carry
out statewide activities described in section 134(a)(5).
</text>
</paragraph>
<paragraph id="H6F63801ACC5D40FE98BDD29BA782CCB4">
<enum>
(4)
</enum>
<header>
State
administrative cost limit
</header>
<text display-inline="yes-display-inline">
Not
more than 5 percent of the funds reserved under paragraph (1) may be used by
the Governor of a State for administrative costs of carrying out the statewide
activities described in section
134(a).
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H72983EEB7C764324AB412F9FD2084260">
<enum>
(2)
</enum>
<text>
by amending
subsection (b) to read as follows:
</text>
<quoted-block id="HA73266B51C6944668B19CE059BE6FE90" style="OLC">
<subsection id="H1C763E058A2348A78746458235F75168">
<enum>
(b)
</enum>
<header>
Within state
allocation
</header>
<paragraph id="H9B3144089FB8480E83E99C59F5391385">
<enum>
(1)
</enum>
<header>
Methods
</header>
<text>
The
Governor, acting in accordance with the State plan, and after consulting with
chief elected officials in the local areas, shall—
</text>
<subparagraph id="HD5E5FA30212347AB9A590AE2FAA52657">
<enum>
(A)
</enum>
<text>
allocate the funds
that are allotted to the State for employment and training activities and not
reserved under subsection (a), in accordance with paragraph (2)(A); and
</text>
</subparagraph>
<subparagraph id="HF90781C17FFE4A37ADE5E8B66869D25E">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
award the funds that are reserved by the
State under subsection (a)(3) through competitive grants to eligible entities,
in accordance with section 134(a)(1)(C).
</text>
</subparagraph>
</paragraph>
<paragraph id="HC4A9A27E6F9344F8BAC9FBC4E47E21E4">
<enum>
(2)
</enum>
<header>
Formula
allocations for the workforce investment fund
</header>
<subparagraph id="HEF59C2F0904F40B9A2F8602714B6730F">
<enum>
(A)
</enum>
<header>
Allocation
</header>
<text>
In
allocating the funds described in paragraph (1)(A) to local areas, a State
shall allocate—
</text>
<clause id="HD4D4DBD888AA4F55B5FC065429894B00">
<enum>
(i)
</enum>
<text>
25
percent on the basis described in section 132(b)(2)(B)(i);
</text>
</clause>
<clause id="H1A454129E14C42B8B46C1A256A863DDE">
<enum>
(ii)
</enum>
<text>
25 percent on the
basis described in section 132(b)(2)(B)(ii);
</text>
</clause>
<clause id="HB077BADD920E4654BC979F1D91788823">
<enum>
(iii)
</enum>
<text>
25 percent on
the basis described in section 132(b)(2)(B)(iii); and
</text>
</clause>
<clause id="H69BAC83D6E004D6E910801A5060AEAA8">
<enum>
(iv)
</enum>
<text>
25 percent on the
basis described in section 132(b)(2)(B)(iv).
</text>
</clause>
</subparagraph>
<subparagraph id="HAD1CEFC444424622954C65BF8C5D14FD">
<enum>
(B)
</enum>
<header>
Minimum and
maximum percentages
</header>
<clause id="HECBF542BCBB144659DF69C36223AC98F">
<enum>
(i)
</enum>
<header>
Minimum
percentage
</header>
<text>
The State shall ensure that no local area shall
receive an allocation under this paragraph for—
</text>
<subclause id="HB2A629966B7E41A29492C9C7C8B402F4">
<enum>
(I)
</enum>
<text>
each of fiscal
years 2014 through 2016, that is less than 100 percent of the allocation
percentage of the local area for fiscal year 2012; and
</text>
</subclause>
<subclause id="H51359736F2AD4682871A7E7525C64632">
<enum>
(II)
</enum>
<text>
fiscal year 2017
and each succeeding fiscal year, that is less than 90 percent of the allocation
percentage of the local area for the preceding fiscal year.
</text>
</subclause>
</clause>
<clause id="HB05B022726BE4B35BEE0F462B225E9D1">
<enum>
(ii)
</enum>
<header>
Maximum
percentage
</header>
<text>
Subject to
<internal-xref idref="HECBF542BCBB144659DF69C36223AC98F" legis-path="q:HA73266B51C6944668B19CE059BE6FE90:(b)(2)(B)(i)">
clause
(i)
</internal-xref>
, the State shall ensure that no local area shall receive an
allocation for a fiscal year under this paragraph for—
</text>
<subclause id="H9D6CC4AABBFD48C595FC2845C03D3947">
<enum>
(I)
</enum>
<text>
each of fiscal
years 2014 through 2016, that is more than 130 percent of the allocation
percentage of the local area for fiscal year 2012; and
</text>
</subclause>
<subclause id="H475A8A5570094AAEBDADFD6577E9C334">
<enum>
(II)
</enum>
<text>
fiscal year 2017
and each succeeding fiscal year, that is more than 130 percentage of the
allocation percentage of the local area for the preceding fiscal year.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph commented="no" id="H3F0282C534594B1E9DAA402B14E9363C">
<enum>
(C)
</enum>
<header>
Definitions
</header>
<text>
For
the purpose of the formula specified in this paragraph, the term
<term>
allocation percentage
</term>
—
</text>
<clause commented="no" id="H75C38E7E4AD24730AF5DD53D1894F5CF">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
used with respect to fiscal year 2012,
means the percentage of the amounts allocated to local areas under title I of
this Act, title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et
seq.), the Women in Apprenticeship and Nontraditional
Occupations Act (29
U.S.C. 2501 et seq.), sections
4103A and
4104
of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser
Act (29 U.S.C. 49 et
seq.), as such provisions were in effect for fiscal year 2012,
that is received under such provisions by the local area involved for fiscal
year 2012; and
</text>
</clause>
<clause commented="no" id="HF3E78F1F5CFB47A0BE043F47BBE823F9">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
used with respect to fiscal year 2016 or a
succeeding fiscal year, means the percentage of the amounts allocated to local
areas for the fiscal year under this paragraph that is received under this
paragraph by the local area involved for the fiscal
year.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HC8614E5E4832417289F1DC4ADEC0F194">
<enum>
(3)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H04704BC5F3E240F3BB22B4AE67E62106">
<enum>
(A)
</enum>
<text>
by amending
paragraph (1) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H5533E6CC923A48F284233E63E93E819D" style="OLC">
<paragraph id="H552DA3FC3A3441BC912CE9BA9F6C9955">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Governor, may in
accordance with this subsection, reallocate to eligible local areas within the
State amounts that are allocated under subsection (b) for employment and
training activities and that are available for
reallocation.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H13CE6C42EF17421B9CA1BB5E8EB0E2ED">
<enum>
(B)
</enum>
<text>
in paragraph (2),
by striking
<quote>
paragraph (2)(A) or (3) of subsection (b) for such
activities
</quote>
and inserting
<quote>
subsection (b) for such
activities
</quote>
;
</text>
</subparagraph>
<subparagraph id="HE989F7DA9040476CBFD48B9414F9D165">
<enum>
(C)
</enum>
<text>
by amending
paragraph (3) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HADB58242103F4F7589FA82A59F2239C7" style="OLC">
<paragraph id="H23388AC5217042EC9BBA05A09BA583ED">
<enum>
(3)
</enum>
<header>
Reallocations
</header>
<text display-inline="yes-display-inline">
In making reallocations to eligible local
areas of amounts available pursuant to paragraph (2) for a program year, the
Governor shall allocate to each eligible local area within the State an amount
based on the relative amount allocated to such local area under subsection
(b)(2) for such activities for such prior program year, as compared to the
total amount allocated to all eligible local areas in the State under
subsection (b)(2) for such activities for such prior program
year.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H6CCFEFE35BFD481B9C3D1576D80F850A">
<enum>
(D)
</enum>
<text>
in paragraph (4),
by striking
<quote>
paragraph (2)(A) or (3) of
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HBAD9940F058042878B48924026146CBC">
<enum>
(4)
</enum>
<text>
by adding at the
end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H98D894BC47FE4120928D39085FE3881C" style="OLC">
<subsection id="H9B441953E77F45199CA792C3449DBCFC">
<enum>
(d)
</enum>
<header>
Local
administrative cost limit
</header>
<text display-inline="yes-display-inline">
Of
the amounts allocated to a local area under this section for a fiscal year, not
more than 10 percent of the amount may be used by the local board involved for
the administrative costs of carrying out local workforce investment activities
in the local area under this
chapter.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H761E9801EC4D42EB8E85E920ABC87825">
<enum>
113.
</enum>
<header>
Use of funds
for employment and training activities
</header>
<text display-inline="no-display-inline">
Section 134 is amended—
</text>
<paragraph id="HD63E3956492D45A8A9AE9B30CE29BBCF">
<enum>
(1)
</enum>
<text>
by amending
subsection (a) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HB80FB4B1AA9D4E8999DE82BA5E0A61E2" style="OLC">
<subsection id="HD4C19378CDAA4451993E73C7AAD855AB">
<enum>
(a)
</enum>
<header>
Statewide
Employment and Training Activities
</header>
<paragraph id="HF97DDE84E2B941D18079F6695A5ECC56">
<enum>
(1)
</enum>
<header>
In
general
</header>
<subparagraph id="H855A32F258AE41DDA0CEBE5A35F7D3DA">
<enum>
(A)
</enum>
<header>
Distribution of
statewide activities
</header>
<text>
Funds reserved by a Governor for a State as
described in section 133(a)(1)—
</text>
<clause id="H1EEC55F76BCB4C90BA3CC5BC604C1750">
<enum>
(i)
</enum>
<text>
shall be used to
carry out the statewide employment and training activities described in
paragraph (2); and
</text>
</clause>
<clause id="H9C07B311BC23463FB65BF4B1A7406C19">
<enum>
(ii)
</enum>
<text>
may be used to
carry out any of the statewide employment and training activities described in
paragraph (3).
</text>
</clause>
</subparagraph>
<subparagraph id="HDA5DE6B9C1B54413A5DB7F5513A41168">
<enum>
(B)
</enum>
<header>
Statewide rapid
response activities
</header>
<text>
Funds reserved by a Governor for a State as
described in section 133(a)(2) shall be used to carry out the statewide rapid
response activities described in paragraph (4).
</text>
</subparagraph>
<subparagraph id="HDFC4B6F2A6D04AFEAEB5D69377839BBA">
<enum>
(C)
</enum>
<header>
Statewide grants
for individuals with barriers to employment
</header>
<text>
Funds reserved by a
Governor for a State as described in section 133(a)(3) shall be used to carry
out the Statewide Grants for Individuals with Barriers to Employment
competition described in paragraph (5).
</text>
</subparagraph>
</paragraph>
<paragraph id="H5C4558E6A6F34EF388DE7B0B4527E21C">
<enum>
(2)
</enum>
<header>
Required
Statewide employment and training activities
</header>
<text display-inline="yes-display-inline">
A State shall use funds reserved as
described in section 133(a)(1) to carry out statewide employment and training
activities, which shall include—
</text>
<subparagraph id="H19E5C79F6A604EC09C94C03CA67A7B15">
<enum>
(A)
</enum>
<text>
disseminating the
State list of eligible providers of training described in section 122(d),
information identifying eligible providers of on-the-job training and
customized training described in section 122(i), and performance information
and program cost information described in section 122(b)(2);
</text>
</subparagraph>
<subparagraph id="HB379DF3E69BC47E5A09AF7162E929609">
<enum>
(B)
</enum>
<text>
supporting the
provision of work ready services described in subsection (c)(2) in the one-stop
delivery system;
</text>
</subparagraph>
<subparagraph id="H1B5DC0D9E3D5468BB780B537BB0DDFCF">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
implementing strategies and services that
will be used in the State to assist at-risk youth and out-of-school youth in
acquiring the education and skills, recognized postsecondary credentials, and
employment experience to succeed in the labor market;
</text>
</subparagraph>
<subparagraph id="H0371CDC076AD42E9B42F4C2A6E60E476">
<enum>
(D)
</enum>
<text>
conducting
evaluations under section 136(e) of activities authorized under this chapter in
coordination with evaluations carried out by the Secretary under section
172;
</text>
</subparagraph>
<subparagraph id="H6A5416CC38CD4983947BD0E6F18CD6BF">
<enum>
(E)
</enum>
<text>
providing
technical assistance to local areas that fail to meet local performance
measures;
</text>
</subparagraph>
<subparagraph id="H6D9D8B638852499793C9EC77E47D728F">
<enum>
(F)
</enum>
<text>
operating a fiscal
and management accountability system under section 136(f); and
</text>
</subparagraph>
<subparagraph id="HB352900DC14E43E38C5594DD29DF6C53">
<enum>
(G)
</enum>
<text>
carrying out
monitoring and oversight of activities carried out under this chapter.
</text>
</subparagraph>
</paragraph>
<paragraph id="HDE95CEC406CC4B249ECB2F0019D1BACE">
<enum>
(3)
</enum>
<header>
Allowable
statewide employment and training activities
</header>
<text>
A State may use
funds reserved as described in section 133(a)(1) to carry out statewide
employment and training activities which may include—
</text>
<subparagraph id="HAEFE45C09941425FB47B6CB6E735DF4A">
<enum>
(A)
</enum>
<text>
implementing
innovative programs and strategies designed to meet the needs of all employers
in the State, including small employers, which may include incumbent worker
training programs, sectoral and industry cluster strategies and partnerships,
career ladder programs, micro-enterprise and entrepreneurial training and
support programs, utilization of effective business intermediaries, activities
to improve linkages between the one-stop delivery system in the State and all
employers (including small employers) in the State, and other business services
and strategies that better engage employers in workforce investment activities
and make the workforce investment system more relevant to the needs of State
and local businesses, consistent with the objectives of this title;
</text>
</subparagraph>
<subparagraph id="H62F87F4C29054C858DCFE7B392F058FD">
<enum>
(B)
</enum>
<text>
providing
incentive grants to local areas for regional cooperation among local boards
(including local boards in a designated region as described in section 116(c)),
for local coordination of activities carried out under this Act, and for
exemplary performance by local areas on the local performance measures;
</text>
</subparagraph>
<subparagraph id="H641D0CE80A494CDB86955C551B2FDF73">
<enum>
(C)
</enum>
<text>
developing
strategies for effectively integrating programs and services among one-stop
partners;
</text>
</subparagraph>
<subparagraph id="H663BB554CEBA4D6A8B2B041173419A3A">
<enum>
(D)
</enum>
<text>
carrying out
activities to facilitate remote access to services provided through a one-stop
delivery system, including facilitating access through the use of
technology;
</text>
</subparagraph>
<subparagraph id="HC91F3A7CD6024B23B48BD1642CAD1241">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
incorporating pay-for-performance
contracting strategies as an element in funding activities under this section
and providing technical support to local areas and eligible providers in order
to carry out such strategy, which may provide assistance with data collection
and data entry requirements;
</text>
</subparagraph>
<subparagraph id="H63A244E9A766466C997E9A5C55F3564C">
<enum>
(F)
</enum>
<text>
carrying out the
State option under subsection (f)(8); and
</text>
</subparagraph>
<subparagraph id="H7DF721CBC2DF4CC0A39CC8A763C9A6C9">
<enum>
(G)
</enum>
<text>
carrying out other
activities authorized under this section that the State determines to be
necessary to assist local areas in carrying out activities described in
subsection (c) or (d) through the statewide workforce investment system.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0D8E9676C5084C1F9E3062624CB14AC6">
<enum>
(4)
</enum>
<header>
Statewide rapid
response activities
</header>
<text display-inline="yes-display-inline">
A State
shall use funds reserved as described in section 133(a)(2) to carry out
statewide rapid response activities, which shall include—
</text>
<subparagraph id="HEF06D61BEB9541A1890EB66934AD09E7">
<enum>
(A)
</enum>
<text>
provision of rapid
response activities, carried out in local areas by the State or by an entity
designated by the State, working in conjunction with the local boards and the
chief elected officials in the local areas; and
</text>
</subparagraph>
<subparagraph id="H038BAB6466274DE2A383358D4E42467E">
<enum>
(B)
</enum>
<text>
provision of
additional assistance to local areas that experience disasters, mass layoffs or
plant closings, or other events that precipitate substantial increases in the
number of unemployed individuals, carried out in local areas by the State or by
an entity designated by the State, working in conjunction with the local boards
and the chief elected officials in the local areas.
</text>
</subparagraph>
</paragraph>
<paragraph id="H7D0AD9F577AD464CB1E6E80786ED6A82">
<enum>
(5)
</enum>
<header>
Statewide grants
for individuals with barriers to employment
</header>
<subparagraph id="H125E9FE446AD4D31B5F8F3243B9B9CE1">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Of the funds reserved
as described in section 133(a)(3), the Governor of a State—
</text>
<clause id="H1E6E35715A2B4D878758E8244F6BD967">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
may reserve up to 5 percent to provide
technical assistance to, and conduct evaluations as described in section
136(e), of the programs and activities carried out under this paragraph;
and
</text>
</clause>
<clause id="H00BC203D549A42B0B1642264DCA94FC0">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
using the remainder, shall award grants on
a competitive basis to eligible entities described in subparagraph (B) to carry
out employment and training programs authorized under this paragraph for
individuals with barriers to employment that meet specific performance outcomes
and criteria established by the Governor.
</text>
</clause>
</subparagraph>
<subparagraph id="H3801853F13D843EB802C5D361B061AE4">
<enum>
(B)
</enum>
<header>
Eligible entity
defined
</header>
<text display-inline="yes-display-inline">
For purposes of this
paragraph, the term
<term>
eligible entity
</term>
means an entity that—
</text>
<clause id="H56CC640735054A5B86D80AF96A1C54AA">
<enum>
(i)
</enum>
<text>
is
a—
</text>
<subclause id="H4E5B66DD1ADA47BA9388B07873B05C9F">
<enum>
(I)
</enum>
<text>
local board or a
consortium of local boards;
</text>
</subclause>
<subclause id="H370D1F78AD5544EB9C7559FF2B7C59A6">
<enum>
(II)
</enum>
<text>
nonprofit entity,
for-profit entity, or a consortium of nonprofit or for-profit entities;
or
</text>
</subclause>
<subclause id="H868BD47D72744C30BF21D5A9129BC02D">
<enum>
(III)
</enum>
<text>
consortium of
the entities described in subclauses (I) and (II);
</text>
</subclause>
</clause>
<clause id="H18DAD736B9DA493BA1A5D5BD7B24D7AA">
<enum>
(ii)
</enum>
<text>
has a
demonstrated record of placing individuals into unsubsidized employment and
serving hard to serve individuals; and
</text>
</clause>
<clause id="HAD716F1D56CA4B9DABFBC060EF570804">
<enum>
(iii)
</enum>
<text>
agrees to be
reimbursed primarily on the basis of achievement of specified performance
outcomes and criteria established by the Governor.
</text>
</clause>
</subparagraph>
<subparagraph id="H2150EC9C44754AA9A81CF9793D8785D3">
<enum>
(C)
</enum>
<header>
Grant
period
</header>
<clause id="HBE43A5B2E63C4838B652C2B638638333">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
A grant under this
paragraph shall be awarded for a period of 1 year.
</text>
</clause>
<clause id="HFC521022EBA449968EA60DB2A596C85D">
<enum>
(ii)
</enum>
<header>
Grant
renewal
</header>
<text display-inline="yes-display-inline">
A Governor of a State
may renew, for up to 4 additional 1-year periods, a grant awarded under this
paragraph.
</text>
</clause>
</subparagraph>
<subparagraph id="H67DCA3B1835442D39FB808E340B7201D">
<enum>
(D)
</enum>
<header>
Eligible
Participants
</header>
<text display-inline="yes-display-inline">
To be eligible
to participate in activities under this paragraph, an individual shall be a
low-income individual age 16 or older or a member of a low-income
family.
</text>
</subparagraph>
<subparagraph id="HC61FC498343F4B2AAA0A3EF06FC59785">
<enum>
(E)
</enum>
<header>
Use of
Funds
</header>
<text display-inline="yes-display-inline">
An eligible entity
receiving a grant under this paragraph shall use such funds for activities that
are designed to assist eligible participants in obtaining employment and
acquiring the education and skills necessary to succeed in the labor
market.
</text>
</subparagraph>
<subparagraph id="H015EC4245E634D00959D57290F9285ED">
<enum>
(F)
</enum>
<header>
Applications
</header>
<text display-inline="yes-display-inline">
To be eligible to receive a grant under
this paragraph, an eligible entity shall submit an application to a State at
such time, in such manner, and containing such information as the State may
require, including—
</text>
<clause id="HEE16132C531645FBA79018160C10E4A6">
<enum>
(i)
</enum>
<text>
a
description of how the strategies and activities will be aligned with the State
plan submitted under section 112 and the local plan submitted under section 118
with respect to the areas of the State that will be the focus of grant
activities under this paragraph;
</text>
</clause>
<clause id="H25ED865CBB674E9EAF68CD076FB09F42">
<enum>
(ii)
</enum>
<text>
a
description of the educational and skills training programs and activities the
eligible entity will provide to eligible participants under this
paragraph;
</text>
</clause>
<clause id="H9A8113D0CB614B8D8E3F9F5D6EE12325">
<enum>
(iii)
</enum>
<text>
how the eligible
entity will collaborate with State and local workforce investment systems
established under this title in the provision of such programs and
activities;
</text>
</clause>
<clause id="H05F43E463191405BA11D09451C7AD3FD">
<enum>
(iv)
</enum>
<text>
a
description of the programs of demonstrated effectiveness on which the
provision of such educational and skills training programs and activities are
based, and a description of how such programs and activities will improve the
education and skills training for eligible participants;
</text>
</clause>
<clause id="H1C09B08E704C41EC8CA5F35D827AB139">
<enum>
(v)
</enum>
<text>
a
description of the populations to be served and the skill needs of those
populations, and the manner in which eligible participants will be recruited
and selected as participants;
</text>
</clause>
<clause id="H1E55E6BB6C174AC4B650CC5D038EDFB5">
<enum>
(vi)
</enum>
<text>
a
description of the private, public, local, and State resources that will be
leveraged, in addition to the grant funds provided for the programs and
activities under this paragraph, and how the entity will ensure the
sustainability of such programs and activities after grant funds are no longer
available;
</text>
</clause>
<clause id="H580DFC57FDEC42189196C1F5DAB39E91">
<enum>
(vii)
</enum>
<text>
a description of
the extent of the involvement of employers in such programs and
activities;
</text>
</clause>
<clause id="H1027A6DEA3FE4BB2941571F8A2F7C328">
<enum>
(viii)
</enum>
<text>
a description
of the levels of performance the eligible entity expects to achieve with
respect to the indicators of performance for all individuals specified in
section in 136(b)(2);
</text>
</clause>
<clause id="H05E352D1D89E404CAF0FE2160CE37FB4">
<enum>
(ix)
</enum>
<text>
a
detailed budget and a description of the system of fiscal controls, and
auditing and accountability procedures that will be used to ensure fiscal
soundness for the programs and activities provided under this paragraph;
and
</text>
</clause>
<clause id="HF253FCB5420D450BA302692A1F2941E6">
<enum>
(x)
</enum>
<text>
any other criteria
the Governor may
require.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HEA378E26647E47B2B700C1997A1A34C5">
<enum>
(2)
</enum>
<text>
by amending
subsection (b) to read as follows:
</text>
<quoted-block id="H541B3843F6A7442E8105B14C80CC93EB" style="OLC">
<subsection id="HA83A29FAABF4402EA8ADA7294AD8EB00">
<enum>
(b)
</enum>
<header>
Local employment
and training activities
</header>
<text>
Funds allocated to a local area under
section 133(b)—
</text>
<paragraph id="HE7D8CEA4767748D594E6AAEDB6CA09A8">
<enum>
(1)
</enum>
<text>
shall be used to
carry out employment and training activities described in subsection (c);
and
</text>
</paragraph>
<paragraph id="H921AA2D882A74B76B79779D09139EF57">
<enum>
(2)
</enum>
<text>
may be used to
carry out employment and training activities described in subsection
(d).
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H761C2BC3165D4C6485790E9D19E316A1">
<enum>
(3)
</enum>
<text>
by striking
subsection (c);
</text>
</paragraph>
<paragraph id="HD6DAFD0FE3C04960A0C83F5602857F0D">
<enum>
(4)
</enum>
<text>
by redesignating
subsections (d) and (e), as subsections (c) and (d), respectively;
</text>
</paragraph>
<paragraph id="H42C4458A843943A2A9F98585C67B30FF">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
in subsection (c) (as so
redesignated)—
</text>
<subparagraph id="H736415DA89C64DA38828C2C21940F2CD">
<enum>
(A)
</enum>
<text>
by amending
paragraph (1) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H5993F7BD891F46869ECFFA5305963F21" style="OLC">
<paragraph id="H411CDE41E25641F790634149773497E3">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Funds allocated to a
local area under section 133(b) shall be used—
</text>
<subparagraph id="HEEC83DE41D87499B8717ADE2BC9A09A8">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
to establish a one-stop delivery system as
described in section 121(e);
</text>
</subparagraph>
<subparagraph id="H9E711DD1C2C144379D5B8F76A8B06938">
<enum>
(B)
</enum>
<text>
to provide the
work ready services described in paragraph (2) through the one-stop delivery
system in accordance with such paragraph; and
</text>
</subparagraph>
<subparagraph id="H53A783ACFA9E42A6B698A44001E25FAE">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
to provide training services described in
paragraph (4) in accordance with such
paragraph.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H0F532C4518BE488CBE6DCEAEA4E44335">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="HD55D1437E5F64D64B1252C2D04A08C8A">
<enum>
(i)
</enum>
<text>
in
the heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Core services
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
Work ready
services
</header-in-text>
</quote>
;
</text>
</clause>
<clause id="HC273D9CA624D4F069898F57ED71CCA17">
<enum>
(ii)
</enum>
<text>
in
the matter preceding subparagraph (A)—
</text>
<subclause id="H603A516B19914FCB830079C044901324">
<enum>
(I)
</enum>
<text>
by striking
<quote>
(1)(A)
</quote>
and inserting
<quote>
(1)(B)
</quote>
;
</text>
</subclause>
<subclause id="H2FF710902F1D4D11A121C5658B4B18CA">
<enum>
(II)
</enum>
<text>
by striking
<quote>
core services
</quote>
and inserting
<quote>
work ready services
</quote>
;
and
</text>
</subclause>
<subclause id="HB6B42B5BC00F4750B148175592797122">
<enum>
(III)
</enum>
<text>
by striking
<quote>
who are adults or dislocated workers
</quote>
;
</text>
</subclause>
</clause>
<clause id="HCB9343BEE0A54463AFD3274829A0A03E">
<enum>
(iii)
</enum>
<text>
by
redesignating subparagraph (K) as subparagraph (V);
</text>
</clause>
<clause id="H041C0A38C583475D868691E35AB574E7">
<enum>
(iv)
</enum>
<text>
by
redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K),
respectively;
</text>
</clause>
<clause id="HA75B351FB38E4E12B0E1A3FCAD73F8C9">
<enum>
(v)
</enum>
<text>
by
inserting after subparagraph (A) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA40788B385854BC7B692F4B41FF7D934" style="OLC">
<subparagraph id="HC57C1FCDF87C4E1C9B5C15B744985272">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
assistance in obtaining eligibility
determinations under the other one-stop partner programs through activities,
where appropriate and consistent with the authorizing statute of the one-stop
partner program, such as assisting in the submission of applications, the
provision of information on the results of such applications, and the provision
of intake services and
information;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause display-inline="no-display-inline" id="H10A98142C6224BBDB8A1994297D49D98">
<enum>
(vi)
</enum>
<text>
by amending
subparagraph (E), as so redesignated, to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HB206BFD4C644453EB90EB84162B3D34D" style="OLC">
<subparagraph id="H69DC819CA9D94553B1E04FD294A0B56A">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
labor exchange services, including—
</text>
<clause id="H58B1954D4BE1404AAE0BC5F45BE99D27">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
job search and placement assistance, and
where appropriate, career counseling;
</text>
</clause>
<clause id="HB9651446F8B645D196F00FB31FD63CD3">
<enum>
(ii)
</enum>
<text>
appropriate
recruitment services for employers, including small employers, in the local
area, which may include services described in this subsection, including
information and referral to specialized business services not traditionally
offered through the one-stop delivery system; and
</text>
</clause>
<clause id="HCD938FA5A9AD4E09AA6EBB502517373A">
<enum>
(iii)
</enum>
<text>
reemployment
services provided to unemployment claimants, including claimants identified as
in need of such services under the worker profiling system established under
section 303(j) of the Social Security Act (42 U.S.C.
503(j));
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HE7684FF0564E479782068A01CF35897D">
<enum>
(vii)
</enum>
<text>
in
subparagraph (F), as so redesignated, by striking
<quote>
employment
statistics
</quote>
and inserting
<quote>
workforce and labor
market
</quote>
;
</text>
</clause>
<clause id="H71D41DC794E8425E8755FF1A86EAF75D">
<enum>
(viii)
</enum>
<text>
in subparagraph
(G), as so redesignated, by striking
<quote>
and eligible providers of youth
activities described in section 123,
</quote>
;
</text>
</clause>
<clause id="HB25812B1108A4C4AA9C0AE1147E97FBD">
<enum>
(ix)
</enum>
<text>
in
subparagraph (H), as so redesignated, by inserting
<quote>
under section
136
</quote>
after
<quote>
local performance measures
</quote>
;
</text>
</clause>
<clause id="HFC1BA6F7BBC44915B2B3950F6FCF823C">
<enum>
(x)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (J), as so redesignated, by
inserting
<quote>
and the administration of the work test for the unemployment
compensation system
</quote>
after
<quote>
compensation
</quote>
;
</text>
</clause>
<clause id="H7B1083CA97C347ADAB0A33812B8DCF5B">
<enum>
(xi)
</enum>
<text>
by
amending subparagraph (K), as so redesignated, to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H7AFCBE8541544F94AEFEFDD46E8D3450" style="OLC">
<subparagraph id="H77210557D2E541C0A102EA2C774C8C38">
<enum>
(K)
</enum>
<text display-inline="yes-display-inline">
assistance in establishing eligibility for
programs of financial aid assistance for training and education programs that
are not funded under this Act and are available in the local
area;
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H8CFAEC2A17B74FDFB912952B16CB29D2">
<enum>
(xii)
</enum>
<text>
by
inserting the following new subparagraphs after subparagraph (K), as so
redesignated:
</text>
<quoted-block display-inline="no-display-inline" id="HC80FEEAC92164EDAB6AF95B918B494B0" style="OLC">
<subparagraph id="H0A422C9E1D1548FBB55452F7F3E65036">
<enum>
(L)
</enum>
<text display-inline="yes-display-inline">
the provision of information from official
publications of the Internal Revenue Service regarding Federal tax credits
available to individuals relating to education, job training and
employment;
</text>
</subparagraph>
<subparagraph id="H20B5DB16273D435B8F37D91A7533DB9D">
<enum>
(M)
</enum>
<text>
comprehensive and
specialized assessments of the skill levels and service needs of workers, which
may include—
</text>
<clause id="HB4BC6C28965E449DB3C33F4E361B7438">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
diagnostic testing and use of other
assessment tools; and
</text>
</clause>
<clause id="H3C906827F4664A988AF44AB9DC343846">
<enum>
(ii)
</enum>
<text>
in-depth
interviewing and evaluation to identify employment barriers and appropriate
employment goals;
</text>
</clause>
</subparagraph>
<subparagraph id="HB1379E75C4364BB991F09E21D670E7A3">
<enum>
(N)
</enum>
<text display-inline="yes-display-inline">
development of an individual employment
plan, to identify the employment goals, appropriate achievement objectives, and
appropriate combination of services for the participant;
</text>
</subparagraph>
<subparagraph id="HBA4220CE4296439C93D92B5763690053">
<enum>
(O)
</enum>
<text>
group
counseling;
</text>
</subparagraph>
<subparagraph id="HBA3FE238892C457DA36554530C0A0E05">
<enum>
(P)
</enum>
<text>
individual
counseling and career planning;
</text>
</subparagraph>
<subparagraph id="H52A2F20F40FF40FFAD92612F55BDF7F6">
<enum>
(Q)
</enum>
<text>
case
management;
</text>
</subparagraph>
<subparagraph id="HF8D1B43DCF6E4EEB8F9BE98FF17BD960">
<enum>
(R)
</enum>
<text>
short-term
pre-career services, including development of learning skills, communications
skills, interviewing skills, punctuality, personal maintenance skills, and
professional conduct, to prepare individuals for unsubsidized employment or
training;
</text>
</subparagraph>
<subparagraph id="H97117688D201424ABBD71048B74422CD">
<enum>
(S)
</enum>
<text>
internships and
work experience;
</text>
</subparagraph>
<subparagraph id="H8073C508036D4788B4284A5D5ED070CD">
<enum>
(T)
</enum>
<text>
literacy
activities relating to basic work readiness, information and communication
technology literacy activities, and financial literacy activities, if such
activities are not available to participants in the local area under programs
administered under the Adult Education and Family Literacy Act (20 U.S.C. 2901 et
seq.);
</text>
</subparagraph>
<subparagraph id="H653CF373B973492F90211545AD2B3D56">
<enum>
(U)
</enum>
<text>
out-of-area job
search assistance and relocation assistance;
and
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HEEE7CDF7821249A8A925367D534A614D">
<enum>
(C)
</enum>
<text>
by amending
paragraph (3) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HCC0C398FEF2B4114A00ADBCA8168F00C" style="OLC">
<paragraph id="H522A5F9F74184151992F2A16DB66D12C">
<enum>
(3)
</enum>
<header>
Delivery of
services
</header>
<text>
The work ready services described in paragraph (2) shall
be provided through the one-stop delivery system and may be provided through
contracts with public, private for-profit, and private nonprofit service
providers, approved by the local board.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HCEDCAEE8D3804FE3BD890469D8C9A1E7">
<enum>
(D)
</enum>
<text>
in paragraph
(4)—
</text>
<clause id="H9739D4EF634A4C99B8A7AAB1CEF93FB4">
<enum>
(i)
</enum>
<text>
by
amending subparagraph (A) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H55139C9DF3944D1F9FE8D2E9A325A5C2" style="OLC">
<subparagraph id="H20E66607324B4DB4BF983B5BD84EE8CA">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Funds described in
paragraph (1)(C) shall be used to provide training services to individuals
who—
</text>
<clause id="H7920EC7BC81F46979FA1089192B77305">
<enum>
(i)
</enum>
<text>
after an
interview, evaluation, or assessment, and case management, have been determined
by a one-stop operator or one-stop partner, as appropriate, to—
</text>
<subclause id="HF3D9317524B64C199B067BB80286E2C2">
<enum>
(I)
</enum>
<text>
be in need of
training services to obtain or retain employment; and
</text>
</subclause>
<subclause id="HC6C1F4C8F4724B6FA0197A0477731AA4">
<enum>
(II)
</enum>
<text>
have the skills
and qualifications to successfully participate in the selected program of
training services;
</text>
</subclause>
</clause>
<clause id="H184EF02F3B2447BDB7525B07B79E3357">
<enum>
(ii)
</enum>
<text>
select programs
of training services that are directly linked to the employment opportunities
in the local area involved or in another area in which the individual receiving
such services are willing to commute or relocate; and
</text>
</clause>
<clause id="H06F368AC5FF849E5A11425D8BD077C46">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
who meet the requirements of subparagraph
(B).
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HA03453CEB4DB4D8A85AC746A8035561A">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (B)(i), by striking
<quote>
Except
</quote>
and inserting
<quote>
Notwithstanding section 479B of the
Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1087uu">
20 U.S.C. 1087uu
</external-xref>
) and
except
</quote>
;
</text>
</clause>
<clause id="H27917DA2B45D4240A33A70D70D350D6A">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
by amending subparagraph (D) to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="HA69E4852011B4E1A8C7515EF89B6AA19" style="OLC">
<subparagraph id="H78248D8B524F4560B3A28BDCA68EE9DE">
<enum>
(D)
</enum>
<header>
Training
services
</header>
<text>
Training services authorized under this paragraph may
include—
</text>
<clause id="H014B478526DA458CA33E876A19B8C67F">
<enum>
(i)
</enum>
<text>
occupational
skills training;
</text>
</clause>
<clause id="H03963E8365604CC793423AD9C7578C8B">
<enum>
(ii)
</enum>
<text>
on-the-job
training;
</text>
</clause>
<clause id="H129408779BEE418199F006D5A8DFB8BA">
<enum>
(iii)
</enum>
<text>
skill upgrading
and retraining;
</text>
</clause>
<clause id="HCBF904EDBE794B8FAAC4FA584357FB0C">
<enum>
(iv)
</enum>
<text>
entrepreneurial
training;
</text>
</clause>
<clause id="H39DB9440D96947A8B77B46A903463CCC">
<enum>
(v)
</enum>
<text>
education
activities leading to a regular secondary school diploma or its recognized
equivalent in combination with, concurrently or subsequently, occupational
skills training;
</text>
</clause>
<clause id="H2ADBFA67E97D4B0CA0CDEC1570C98D16">
<enum>
(vi)
</enum>
<text>
adult education
and literacy activities provided in conjunction with other training authorized
under this subparagraph;
</text>
</clause>
<clause id="H63A17D2891D84C9084FEDFDE271EAC6C">
<enum>
(vii)
</enum>
<text>
workplace
training combined with related instruction;
</text>
</clause>
<clause id="H93BFBE2E37824B74A19B0F4651990650">
<enum>
(viii)
</enum>
<text>
occupational
skills training that incorporates English language acquisition;
</text>
</clause>
<clause id="H33B0B64738BB4633AA2582FA3E8F4813">
<enum>
(ix)
</enum>
<text>
customized
training conducted with a commitment by an employer or group of employers to
employ an individual upon successful completion of the training; and
</text>
</clause>
<clause id="H37DA266AC8B046C4B54DFE163AE59619">
<enum>
(x)
</enum>
<text>
training programs
operated by the private
sector.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H1C3AEAE88CD140B88FE7E72B99E3E6CE">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
by striking subparagraph (E) and
redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F),
respectively; and
</text>
</clause>
<clause id="HBB0EAA96BD8A45AB90886C15A10555B7">
<enum>
(v)
</enum>
<text>
in
subparagraph (E) (as so redesignated)—
</text>
<subclause id="H7FD83C7998194431A7025C9B6DEED554">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
in clause (ii)—
</text>
<item id="H7821579691504A9F970157771C03E2A5">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
in the matter preceding subclause (I), by
striking
<quote>
subsection (c)
</quote>
and inserting
<quote>
section
121
</quote>
;
</text>
</item>
<item id="H6DAE5103DE6F41F4B74062F6DB833A6F">
<enum>
(bb)
</enum>
<text>
in
subclause (I), by striking
<quote>
section 122(e)
</quote>
and inserting
<quote>
section 122(d)
</quote>
and by striking
<quote>
section 122(h)
</quote>
and
inserting
<quote>
section 122(i)
</quote>
; and
</text>
</item>
<item id="H38372AE9066544A79D3F5E392DAA2076">
<enum>
(cc)
</enum>
<text>
in
subclause (II), by striking
<quote>
subsections (e) and (h)
</quote>
and
inserting
<quote>
subsection (i)
</quote>
; and
</text>
</item>
</subclause>
<subclause id="HAAEB069256DA4707B6E85A4C0C2803A1">
<enum>
(II)
</enum>
<text>
by striking
clause (iii) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4E838D0D05914308BDCC2C987E0C44C6" style="OLC">
<clause id="H2A4144FF408246298ED1993C0A347F5C">
<enum>
(iii)
</enum>
<header>
Career
enhancement accounts
</header>
<text display-inline="yes-display-inline">
An
individual who seeks training services and who is eligible pursuant to
subparagraph (A), may, in consultation with a case manager, select an eligible
provider of training services from the list or identifying information for
providers described in clause (ii)(I). Upon such selection, the one-stop
operator involved shall, to the extent practicable, refer such individual to
the eligible provider of training services, and arrange for payment for such
services through a career enhancement account.
</text>
</clause>
<clause id="H04EC916C2DAA4C6DB739CD31FC597B73">
<enum>
(iv)
</enum>
<header>
Coordination
</header>
<text>
Each
local board may, through one-stop centers, coordinate career enhancement
accounts with other Federal, State, local, or private job training programs or
sources to assist the individual in obtaining training services.
</text>
</clause>
<clause id="H5A21CA6631A246C8A6C07C5168BBA559">
<enum>
(v)
</enum>
<header>
Assistance
</header>
<text>
Each
local board may, through one-stop centers, assist individuals receiving career
enhancement accounts in obtaining funds (in addition to the funds provided
under this section) from other programs and sources that will assist the
individual in obtaining training
services.
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="H25710CFB0AF5498AAF302A4035498FE5">
<enum>
(vi)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (F) (as so
redesignated)—
</text>
<subclause id="H437440043FFC40F6AC566FED66C259C5">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
in the subparagraph heading, by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
individual training
accounts
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
career enhancement
accounts
</header-in-text>
</quote>
;
</text>
</subclause>
<subclause id="H9C29D6EA554143B197AA58559943CA04">
<enum>
(II)
</enum>
<text>
in clause (i) by
striking
<quote>
individual training accounts
</quote>
and inserting
<quote>
career enhancement accounts
</quote>
;
</text>
</subclause>
<subclause id="HB9A4DF6FF41A476E8FEAF6E3039723F7">
<enum>
(III)
</enum>
<text>
in clause
(ii)—
</text>
<item id="H357B415181934AEB9C3B1654A2E8510C">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
an individual training
account
</quote>
and inserting
<quote>
a career enhancement
account
</quote>
;
</text>
</item>
<item id="H46FD1E2B29004867A7178F6F86EFEFD5">
<enum>
(bb)
</enum>
<text>
by
striking
<quote>
subparagraph (F)
</quote>
and inserting
<quote>
subparagraph
(E)
</quote>
;
</text>
</item>
<item id="H393D7FCDEFC847F5A97C5CCF0015F237">
<enum>
(cc)
</enum>
<text>
in
subclause (II), by striking
<quote>
individual training accounts
</quote>
and
inserting
<quote>
career enhancement accounts
</quote>
;
</text>
</item>
<item id="HA35FAD512A4741E7BB1CB88E97C0D3FD">
<enum>
(dd)
</enum>
<text>
in
subclause (II) by striking
<quote>
or
</quote>
after the semicolon;
</text>
</item>
<item id="H6993CADAB6044FD7B28F36DB41DF8989">
<enum>
(ee)
</enum>
<text>
in
subclause (III) by striking the period and inserting
<quote>
; or
</quote>
;
and
</text>
</item>
<item id="HBF00F6FE7DE6455CAB55D548B38E5064">
<enum>
(ff)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H03247CE0A5834B9EB9E95743E79547C0" style="OLC">
<subclause id="H5046352B18FA431C80953CA72EE19D8B">
<enum>
(IV)
</enum>
<text display-inline="yes-display-inline">
the local board determines that it would be
most appropriate to award a contract to a postsecondary educational institution
that has been identified as a priority eligible provider under section
117(d)(5)(B) in order to facilitate the training of multiple individuals in
in-demand sectors or occupations, such contract may be used to enable the
expansion of programs provided by a priority eligible provider, and such
contract does not limit customer
choice.
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</item>
</subclause>
<subclause id="H9655E46A5A4546B98E5C92219760B6F1">
<enum>
(IV)
</enum>
<text display-inline="yes-display-inline">
in clause (iii), by striking
<quote>
adult
or dislocated worker
</quote>
and inserting
<quote>
individual
</quote>
;
and
</text>
</subclause>
<subclause id="HED501EAFD48C4C8EB98AF418751AF672">
<enum>
(V)
</enum>
<text>
in clause
(iv)—
</text>
<item id="H74593C38EF1F4F98921B89D5E250A7FE">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
by redesignating subclause (IV) as
subclause (V) and inserting after subclause (III) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H48AE4903451F42F4BD6B8D8118824077" style="OLC">
<subclause id="H04EDBBD322554AD2ACACF0F0392C1F04">
<enum>
(IV)
</enum>
<text display-inline="yes-display-inline">
Individuals with
disabilities.
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</item>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H45156173A7D0413ABEF7841502009939">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
in subsection (d) (as so
redesignated)—
</text>
<subparagraph id="HEB03E24E165D461C833CC6D541355B32">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by amending paragraph (1) to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="H6748CCE509AD4F64AD1F7DF9AE9953A8" style="OLC">
<paragraph id="H01DD2DB1ED714508BFA16252813852E2">
<enum>
(1)
</enum>
<header>
Discretionary
one-stop delivery activities
</header>
<subparagraph id="H39E067F8B0CB4B14BF2B611503FBC4E3">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Funds allocated to a
local area under section 133(b)(2) may be used to provide, through the one-stop
delivery system—
</text>
<clause id="HF3AC8AE3683E48BEB60B039782AF85AF">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
customized screening and referral of
qualified participants in training services to employers;
</text>
</clause>
<clause id="HE468BD0620514075B3783A5C70FAC6B5">
<enum>
(ii)
</enum>
<text>
customized
employment-related services to employers on a fee-for-service basis;
</text>
</clause>
<clause id="H45AB7C23148B4CD7A5FF35D0011BB13A">
<enum>
(iii)
</enum>
<text>
customer
supports, including transportation and childcare, to navigate among multiple
services and activities for special participant populations that face multiple
barriers to employment, including individuals with disabilities;
</text>
</clause>
<clause id="H2FC89833520F4D9DBB13A9FBCB2E6151">
<enum>
(iv)
</enum>
<text>
employment and
training assistance provided in coordination with child support enforcement
activities of the State agency carrying out subtitle D of title IV of the
Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/651">
42 U.S.C. 651 et seq.
</external-xref>
);
</text>
</clause>
<clause id="H81D6FFCA4CB942CF8AE02D653FD85220">
<enum>
(v)
</enum>
<text>
incorporating
pay-for-performance contract strategies as an element in funding activities
under this section;
</text>
</clause>
<clause id="HBECB0C23CCD245C0B4181B19DA89AEB0">
<enum>
(vi)
</enum>
<text>
activities to
facilitate remote access to services provided through a one-stop delivery
system, including facilitating access through the use of technology; and
</text>
</clause>
<clause id="HA4E0838EFFBD49C58FA4CB08138E1136">
<enum>
(vii)
</enum>
<text>
activities to
carry out business services and strategies that meet the workforce investment
needs of local area employers, as determined by the local board, consistent
with the local plan under section
118.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H5855E13E2F3143A9A2483695E411422F">
<enum>
(B)
</enum>
<text>
by striking
paragraphs (2) and (3); and
</text>
</subparagraph>
<subparagraph id="H5A7D52411EC544B496A3A26C2485FD88">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD534AAE45DCF4623A67DB7FFE52479CA" style="OLC">
<paragraph id="H816287FCC97E42AAB710FCFC99543633">
<enum>
(2)
</enum>
<header>
Incumbent worker
training programs
</header>
<subparagraph id="HBEBC26A8F24F4D6E835E33671F8DA095">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The local board may
use funds allocated to a local area under section 133(b)(2) to carry out
incumbent worker training programs in accordance with this paragraph.
</text>
</subparagraph>
<subparagraph id="H9625E01388A74BDC9C131BD70BEFCBE4">
<enum>
(B)
</enum>
<header>
Training
activities
</header>
<text>
The training programs for incumbent workers under this
paragraph shall be carried out by the local area in conjunction with the
employers of such workers for the purpose of assisting such workers in
obtaining the skills necessary to retain employment and avert layoffs.
</text>
</subparagraph>
<subparagraph id="HD750A85490F745A8A27E6544AEAB6504">
<enum>
(C)
</enum>
<header>
Employer match
required
</header>
<clause id="HE6B6C51A5BB84D9E8A4C351F47FAAAD4">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Employers
participating in programs under this paragraph shall be required to pay a
proportion of the costs of providing the training to the incumbent workers of
the employers. The local board shall establish the required portion of such
costs, which may include in-kind contributions.
</text>
</clause>
<clause id="H252E0B3BDDC04101A16F840CF02CEEAF">
<enum>
(ii)
</enum>
<header>
Calculation of
match
</header>
<text>
The wages paid by an employer to a worker while they are
attending training may be included as part of the required payment of the
employer.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HEE205E2D3DE84375A8574129B0DAAF95">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2A3367E0D4344008ACC0AF2EAE91B30E" style="OLC">
<subsection id="HC99CBCC9149B4E278E62DB8B9B332215">
<enum>
(e)
</enum>
<header>
Priority for
Placement in Private Sector Jobs
</header>
<text display-inline="yes-display-inline">
In providing employment and training
activities authorized under this section, the State and local board shall give
priority to placing participants in jobs in the private sector.
</text>
</subsection>
<subsection id="H4F08DB9273F2468798F4BAB54FC34BF1">
<enum>
(f)
</enum>
<header>
Veteran
employment specialist
</header>
<paragraph id="H5FE1EFBD7FAD4451BC456E6F578C9149">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Subject to paragraph
(8), a local board shall hire and employ one or more veteran employment
specialist to carry out employment, training, and placement services under this
subsection in the local area served by the local board.
</text>
</paragraph>
<paragraph id="H8693BBCFB21547F1B93E6352B6FC00AB">
<enum>
(2)
</enum>
<header>
Principal
duties
</header>
<text>
A veteran employment specialist in a local area
shall—
</text>
<subparagraph id="H4CA78CA619B84F8B90423A737D42CA0C">
<enum>
(A)
</enum>
<text>
conduct outreach
to employers in the local area to assist veterans, including disabled veterans,
in gaining employment, including—
</text>
<clause id="H6C8BF5DCF1F74793B6EAF18087713E7A">
<enum>
(i)
</enum>
<text>
conducting
seminars for employers; and
</text>
</clause>
<clause id="H81B691E20A7E4B07BDEB327EFCA8791A">
<enum>
(ii)
</enum>
<text>
in conjunction
with employers, conducting job search workshops, and establishing job search
groups; and
</text>
</clause>
</subparagraph>
<subparagraph id="HA5B8087CAC7748D99AA2157EEC52E37D">
<enum>
(B)
</enum>
<text>
facilitate
employment, training, supportive, and placement services furnished to veterans,
including disabled and homeless veterans, in the local area.
</text>
</subparagraph>
</paragraph>
<paragraph id="HEA9371F0A3604ECF9949AC7BFA727F44">
<enum>
(3)
</enum>
<header>
Hiring
preference for veterans and individuals with expertise in serving
veterans
</header>
<text display-inline="yes-display-inline">
Subject to paragraph
(8), a local board shall, to the maximum extent practicable, employ veterans or
individuals with expertise in serving veterans to carry out the services
described in paragraph (2) in the local area served by the local board. In
hiring an individual to serve as a veteran employment specialist, a local board
shall give preference to veterans and other individuals in the following
order:
</text>
<subparagraph id="H6A822353D7CA45B795C0FE78D462D009">
<enum>
(A)
</enum>
<text>
To
service-connected disabled veterans.
</text>
</subparagraph>
<subparagraph id="H4E43245253414175AD93E6B0B5861953">
<enum>
(B)
</enum>
<text>
If no veteran
described in subparagraph (A) is available, to veterans.
</text>
</subparagraph>
<subparagraph id="HB085474BE1014FC9B764B71CE6E83337">
<enum>
(C)
</enum>
<text>
If no veteran
described in subparagraph (A) or (B) is available, to any member of the Armed
Forces transitioning out of military service.
</text>
</subparagraph>
<subparagraph id="HCF17D3D0FF2A40228517B64E77E953D9">
<enum>
(D)
</enum>
<text>
If no veteran
described in subparagraph (A), (B), or (C) is available, to any spouse of a
veteran or a spouse of a member of the Armed Forces transitioning out of
military service.
</text>
</subparagraph>
<subparagraph id="H141D30F512E944BCB6F56300E8055396">
<enum>
(E)
</enum>
<text>
If no veteran
described in subparagraph (A), (B), or (C) is available and no spouse described
in paragraph (D) is available, to any other individuals with expertise in
serving veterans.
</text>
</subparagraph>
</paragraph>
<paragraph id="H55E60B64D98C41D79B716818F68C37B6">
<enum>
(4)
</enum>
<header>
Administration
and reporting
</header>
<subparagraph id="HAD0CC295608C4303A1ED989A68DF3AB1">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Each veteran employment specialist shall be
administratively responsible to the manager of the one-stop delivery center in
the local area and shall provide, at a minimum, quarterly reports to the
manager of such center and to the Director for Veterans’ Employment and
Training for the State on the performance and compliance by the specialist with
Federal law and regulations with respect to the—
</text>
<clause id="H5CD2AF7AADFE4947B353B1F817963455">
<enum>
(i)
</enum>
<text>
principal duties
and special services for veterans described in paragraph (2); and
</text>
</clause>
<clause id="H193613ED8E10418FA8D0B28238334FE2">
<enum>
(ii)
</enum>
<text>
hiring
preferences described in paragraph (3) for veterans and individuals with
expertise in serving veterans.
</text>
</clause>
</subparagraph>
<subparagraph id="HBFF0F6C5614245B49A2AC3AA7C5004F3">
<enum>
(B)
</enum>
<header>
Report to
Secretary
</header>
<text>
Each State shall submit to the Secretary an annual
report on the qualifications used by the local board in making hiring
determinations for a veteran employment specialist and the salary structure
under which such specialist is compensated.
</text>
</subparagraph>
<subparagraph id="H905E6F31287B475282810E3D1A60639F">
<enum>
(C)
</enum>
<header>
Report to
Congress
</header>
<text display-inline="yes-display-inline">
The Secretary shall
submit to the Committee on Education and the Workforce and the Committee on
Veterans’ Affairs of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the
Senate an annual report summarizing the reports submitted under subparagraph
(B), including summaries of outcomes achieved by participating veterans
disaggregated by local areas.
</text>
</subparagraph>
</paragraph>
<paragraph id="H6F7DD286267944E5AEBCD117285F6729">
<enum>
(5)
</enum>
<header>
Part-time
employees
</header>
<text>
A part-time veteran employment specialist shall perform
the functions of a veteran employment specialist under this subsection on a
halftime basis.
</text>
</paragraph>
<paragraph id="H2B1006EB6F824E71BEB42E7F91BFD8DA">
<enum>
(6)
</enum>
<header>
Training
requirements
</header>
<text>
Each veteran employment specialist described in
paragraph (2) shall satisfactorily complete training provided by the National
Veterans' Employment and Training Institute during the three-year period that
begins on the date on which the employee is so assigned.
</text>
</paragraph>
<paragraph id="H78AA8D9A976D47BF86EE1D4B4A509B29">
<enum>
(7)
</enum>
<header>
Specialist’s
duties
</header>
<text display-inline="yes-display-inline">
A full-time veteran
employment specialist shall perform only duties related to the employment,
training, supportive, and placement services under this subsection, and shall
not perform other non-veteran-related duties if such duties detract from the
specialist’s ability to perform the specialist's duties related to employment,
training, and placement services under this subsection.
</text>
</paragraph>
<paragraph id="H8695FDC55C7844E8B628D5445D9CD8B0">
<enum>
(8)
</enum>
<header>
State
option
</header>
<text display-inline="yes-display-inline">
At the request of a
local board, a State may assume the duties assigned to the local board under
paragraphs (1) and (3), including the hiring and employment of one or more
veteran employment specialist for placement in the local area served by the
local
board.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HFD96C140463040A69786A0233CC79A00">
<enum>
114.
</enum>
<header>
Performance
accountability system
</header>
<text display-inline="no-display-inline">
Section
136 (29 U.S.C.
2871) is amended—
</text>
<paragraph id="HCE8D30EB50AF480C9CD7806AAB7E1E49">
<enum>
(1)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H82B1D3FB696F4E82AF7BCED1441E9B64">
<enum>
(A)
</enum>
<text>
by amending
paragraphs (1) and (2) to read as follows:
</text>
<quoted-block id="H1AC9F097029747248EF50B7360AB7571" style="OLC">
<paragraph id="H6F9299C652904748A0CDC8054B877490">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
For each State, the State performance measures shall
consist of—
</text>
<subparagraph id="H8A0EDE2280A545D389CAC8A0BC707915">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="HED86A916CB554999B6B6A11593DABB7E">
<enum>
(i)
</enum>
<text>
the core indicators of
performance described in paragraph (2)(A); and
</text>
</clause>
<clause id="H456758BBE806401F9907BD486CBE2988" indent="up1">
<enum>
(ii)
</enum>
<text>
additional indicators of
performance (if any) identified by the State under paragraph (2)(B); and
</text>
</clause>
</subparagraph>
<subparagraph id="HED51752352654496A9CA54FD7C1212A3">
<enum>
(B)
</enum>
<text>
a State adjusted
level of performance for each indicator described in subparagraph (A).
</text>
</subparagraph>
</paragraph>
<paragraph id="HAD2323B69DCE4D819402953F214834AF">
<enum>
(2)
</enum>
<header>
Indicators of
performance
</header>
<subparagraph id="H24078532177A42DA8ED3DF523AD0E58C">
<enum>
(A)
</enum>
<header>
Core indicators
of performance
</header>
<clause id="H322251AE49B74BEAA90196026928373C">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The core indicators
of performance for the program of employment and training activities authorized
under sections 132(a)(2) and 134, the program of adult education and literacy
activities authorized under title II, and the program authorized under title I
of the Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.), other than section 112 or part C of that title
(29 U.S.C.
732, 741), shall consist of the following indicators of
performance, each disaggregated by the populations identified in the State and
local plans:
</text>
<subclause id="HE9BCD9C12B6E4A9D98B185DA828808D3">
<enum>
(I)
</enum>
<text>
The percentage and
number of program participants who are in unsubsidized employment during the
second full calendar quarter after exit from the program.
</text>
</subclause>
<subclause id="H4CB4F82586CD4D819C9EA61C185728C0">
<enum>
(II)
</enum>
<text>
The percentage
and number of program participants who are in unsubsidized employment during
the fourth full calendar quarter after exit from the program.
</text>
</subclause>
<subclause id="H156B0D733444475A88DE3042E08ED74F">
<enum>
(III)
</enum>
<text>
The median
earnings of program participants who are in unsubsidized employment during the
second full calendar quarter after exit from the program compared to the median
earnings of such participants prior to the training received under such
program.
</text>
</subclause>
<subclause id="H183D1D9E567E4F9C93FCC4F238C0BE0A">
<enum>
(IV)
</enum>
<text>
The percentage
and number of program participants who obtain a recognized postsecondary
credential, a registered apprenticeship, an industry-recognized credential, or
a regular secondary school diploma or its recognized equivalent (subject to
clause (ii)), during participation in or within 1 year after exit from
program.
</text>
</subclause>
<subclause id="H79E54FF0413647D99149E8205A86D880">
<enum>
(V)
</enum>
<text display-inline="yes-display-inline">
The percentage and number of program
participants who, during a program year—
</text>
<item id="H4A6C06ACEE5F4804BABCAF6906F2C411">
<enum>
(aa)
</enum>
<text>
are
in an education or training program that leads to a recognized postsecondary
credential, a registered apprenticeship or on-the-job training program, an
industry-recognized credential, a regular secondary school diploma or its
recognized equivalent, or unsubsidized employment; and
</text>
</item>
<item id="HEB914653BC1148A99D58530FFF69E65F">
<enum>
(bb)
</enum>
<text>
are
achieving measurable basic skill gains toward such a credential or
employment.
</text>
</item>
</subclause>
<subclause id="HF9F562E953E74210B1ED2FC787494239">
<enum>
(VI)
</enum>
<text display-inline="yes-display-inline">
The percentage and number of program
participants who obtain unsubsidized employment in the field relating to the
training services described in section 134(c)(4) that such participants
received.
</text>
</subclause>
</clause>
<clause id="H4A2B4A1ADCA643CE9D2F5E4145644565">
<enum>
(ii)
</enum>
<header>
Indicator
relating to credential
</header>
<text>
For purposes of clause (i)(IV), program
participants who obtain a regular secondary school diploma or its recognized
equivalent shall be included in the percentage counted as meeting the criterion
under such clause only if such participants, in addition to obtaining such
diploma or its recognized equivalent, have, within 1 year after exit from the
program, obtained or retained employment, have been removed from public
assistance, or are in an education or training program leading to a recognized
postsecondary credential.
</text>
</clause>
</subparagraph>
<subparagraph id="HF7A9D1C36CD4449F94AA49E8C6102972">
<enum>
(B)
</enum>
<header>
Additional
indicators
</header>
<text>
A State may identify in the State plan additional
indicators for workforce investment activities authorized under this
subtitle.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H93588E8298024AE29ECA8039A899D0C0">
<enum>
(B)
</enum>
<text>
in paragraph
(3)—
</text>
<clause id="HEB08A0EC5FA2424297BAD5C0C2F334D3">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)—
</text>
<subclause id="HE9CC55B99DD045A2A971BD8F1AAF25DC">
<enum>
(I)
</enum>
<text>
in the heading, by
striking
<quote>
<header-in-text level="subparagraph" style="OLC">
and customer
satisfaction indicator
</header-in-text>
</quote>
;
</text>
</subclause>
<subclause id="H7C07EA18BEA34E7E85F0605FB74B9479">
<enum>
(II)
</enum>
<text>
in clause (i), by
striking
<quote>
and the customer satisfaction indicator described in paragraph
(2)(B)
</quote>
;
</text>
</subclause>
<subclause id="H111587B489D84833B81D2CE792CF567E">
<enum>
(III)
</enum>
<text>
in clause (ii),
by striking
<quote>
and the customer satisfaction indicator of performance, for
the first 3
</quote>
and inserting
<quote>
, for all 3
</quote>
;
</text>
</subclause>
<subclause id="H564D8601934945BD9951039AAC02709A">
<enum>
(IV)
</enum>
<text>
in clause
(iii)—
</text>
<item id="HDA99839C26484AE6AED41EBE3F1D4D94">
<enum>
(aa)
</enum>
<text>
in
the heading, by striking
<quote>
<header-in-text level="clause" style="OLC">
for
first 3 years
</header-in-text>
</quote>
; and
</text>
</item>
<item id="H044A0FF93BAE4E9BBE18E7AE8D3FABFE">
<enum>
(bb)
</enum>
<text>
by
striking
<quote>
and the customer satisfaction indicator of performance, for the
first 3 program years
</quote>
and inserting
<quote>
for all 3 program
years
</quote>
;
</text>
</item>
</subclause>
<subclause id="HB341DBF0583547F68202FF909775152C">
<enum>
(V)
</enum>
<text>
in clause
(iv)—
</text>
<item id="HD7962CD8F8A846928683F2592A0FA041">
<enum>
(aa)
</enum>
<text>
by
striking
<quote>
or (v)
</quote>
;
</text>
</item>
<item id="H68E78E478B6F45878FFCE9C697B6C0DE">
<enum>
(bb)
</enum>
<text>
by
striking subclause (I) and redesignating subclauses (II) and (III) as
subclauses (I) and (II), respectively; and
</text>
</item>
<item id="H66C99B5AB56340E38F401BB69700A9F1">
<enum>
(cc)
</enum>
<text>
in
subclause (I) (as so redesignated)—
</text>
<subitem id="HEDB7A7B38F28426891584D368977F2A0">
<enum>
(AA)
</enum>
<text>
by
striking
<quote>
taking into account
</quote>
and inserting
<quote>
which shall be
adjusted based on
</quote>
;
</text>
</subitem>
<subitem id="HE63D87579DCA47AAABCA6B0284FD7B28">
<enum>
(BB)
</enum>
<text>
by
inserting
<quote>
, such as unemployment rates and job losses or gains in
particular industries
</quote>
after
<quote>
economic conditions
</quote>
;
and
</text>
</subitem>
<subitem id="H28A26A125A0048E09A6322D18A4B0820">
<enum>
(CC)
</enum>
<text>
by
inserting
<quote>
, such as indicators of poor work experience, dislocation from
high-wage employment, low levels of literacy or English proficiency, disability
status, including the number of veterans with disabilities, and welfare
dependency
</quote>
after
<quote>
program
</quote>
;
</text>
</subitem>
</item>
</subclause>
<subclause id="H39D78E3C63F048E08E3DBDAF19570C4F">
<enum>
(VI)
</enum>
<text>
by striking
clause (v) and redesignating clause (vi) as clause (v); and
</text>
</subclause>
<subclause id="HD93E4F93A0964D489DB48C939ED85A6B">
<enum>
(VII)
</enum>
<text>
in clause (v)
(as so redesignated),
</text>
<item id="H79D3F928FB8C46808C4697B29F9C4A6D">
<enum>
(aa)
</enum>
<text>
by
striking
<quote>
described in clause (iv)(II)
</quote>
and inserting
<quote>
described in clause (iv)(I)
</quote>
; and
</text>
</item>
<item id="H4D334F82A2D142A28E36561A2E38D44E">
<enum>
(bb)
</enum>
<text>
by
striking
<quote>
or (v)
</quote>
; and
</text>
</item>
</subclause>
</clause>
<clause id="H5BDFF6AEF0BD4F728372BA82C05C5D02">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B), by striking
<quote>
paragraph (2)(C)
</quote>
and inserting
<quote>
paragraph (2)(B)
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HCF1B0EA533A448B89A147A6C818FA451">
<enum>
(2)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H1C41831EFB504ADF85A2E5CA56D58D8D">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by amending clause (i) of paragraph (1)(A)
to read as follows:
<quote>
(i) the core indicators of performance described in
subsection (b)(2)(A) for activities described in such subsections, other than
statewide workforce investment activities; and
</quote>
;
</text>
</subparagraph>
<subparagraph id="H8E9430E381EA4369BFD4B3BF3DD70E1A">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in clause (ii) of paragraph (1)(A), by
striking
<quote>
(b)(2)(C)
</quote>
and inserting
<quote>
(b)(2)(B)
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="H587F156E9BAE44E0A6517CC1AD1BF477">
<enum>
(C)
</enum>
<text>
by amending
paragraph (3) to read as follows:
</text>
<quoted-block id="H7935E5EC6D20488DAC3891689D2ED16F" style="OLC">
<paragraph id="H5CBDF3EDE6B243F8BE856BEC4D16A09B">
<enum>
(3)
</enum>
<header>
Determinations
</header>
<text>
In
determining such local levels of performance, the local board, the chief
elected official, and the Governor shall ensure such levels are adjusted based
on the specific economic characteristics (such as unemployment rates and job
losses or gains in particular industries), demographic characteristics, or
other characteristics of the population to be served in the local
area.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HDA93F105EE044E7785DBA8C84D317164">
<enum>
(3)
</enum>
<text>
in subsection
(d)—
</text>
<subparagraph id="H8C4A8D73EF704075AF06379A79B809A5">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="H8EFAAB80DAF34F57A493BDF82DF54594">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
127 or
</quote>
;
</text>
</clause>
<clause id="HD96F4FE7D91B463E9EB0C8AA3D907582">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
and the customer satisfaction indicator
</quote>
each place it
appears; and
</text>
</clause>
<clause id="H2DBB0C264E8C425EAFE35A34806A896C">
<enum>
(iii)
</enum>
<text>
in
the last sentence, by inserting before the period the following:
<quote>
, and
on the amount and percentage of the State’s annual allotment under section 132
the State spends on administrative costs and on the amount and percentage of
its annual allocation under section 133 each local area in the State spends on
administrative costs
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="HAB9C30FF297D4F87AC54D38B33D48491">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H39D3946630C94074A2D66E91BD936638">
<enum>
(i)
</enum>
<text>
by
striking subparagraphs (A), (B), and (D);
</text>
</clause>
<clause id="H114F7B1D07F04A2DBB44A9ED03355DCD">
<enum>
(ii)
</enum>
<text>
by
redesignating subparagraph (C) as subparagraph (A);
</text>
</clause>
<clause id="HBA039A0210E048C6A976DCF720AA36CB">
<enum>
(iii)
</enum>
<text>
by
redesignating subparagraph (E) as subparagraph (B);
</text>
</clause>
<clause id="HA3F971B9D2D14B7280275A3CA73528F9">
<enum>
(iv)
</enum>
<text>
in
subparagraph (B), as so redesignated—
</text>
<subclause id="H66DE51ABE9944285A67C49C7CC40515C">
<enum>
(I)
</enum>
<text>
by striking
<quote>
(excluding participants who received only self-service and informational
activities)
</quote>
; and
</text>
</subclause>
<subclause id="HE6DF3A46AE824FE2AE825CC28D71F670">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
and
</quote>
at the
end;
</text>
</subclause>
</clause>
<clause id="H4F3EF09ACA5D41EDACF2ACCD28DA8334">
<enum>
(v)
</enum>
<text display-inline="yes-display-inline">
by striking subparagraph (F);
</text>
</clause>
<clause id="H59B693468E034B4F8504B4117DEE96D5">
<enum>
(vi)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block id="HF013C4F557E64F11924D9A7CE56843FB" style="OLC">
<subparagraph id="HB07DD4FD7BC34879B9A712BB14CDA7BD">
<enum>
(C)
</enum>
<text>
with respect to
each local area in the State—
</text>
<clause id="HFD3F604CF4834BC7AEEB0EC730305EEC">
<enum>
(i)
</enum>
<text>
the number of
individuals who received work ready services described under section 134(c)(2)
and the number of individuals who received training services described under
section 134(c)(4) during the most recent program year and fiscal year, and the
preceding 5 program years, where the individuals received the training,
disaggregated by the type of entity that provided the training, and the amount
of funds spent on each type of service;
</text>
</clause>
<clause id="HB598D53842FC408BA315C952D2975F4E">
<enum>
(ii)
</enum>
<text>
the number of
individuals who successfully exited out of work ready services described under
section 134(c)(2) and the number of individuals who exited out of training
services described under section 134(c)(4) during the most recent program year
and fiscal year, and the preceding 5 program years, and where the individuals
received the training, disaggregated by the type of entity that provided the
training; and
</text>
</clause>
<clause id="HE1DA045C85614930A4A5D48406D1AAAC">
<enum>
(iii)
</enum>
<text>
the average cost
per participant of those individuals who received work ready services described
under section 134(c)(2) and the average cost per participant of those
individuals who received training services described under section 134(c)(4)
during the most recent program year and fiscal year, and the preceding 5
program years, and where the individuals received the training, disaggregated
by the type of entity that provided the training; and
</text>
</clause>
</subparagraph>
<subparagraph id="H787718B0A70C451AA5F57A40D24887E2">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
the amount of funds spent on training
services and discretionary one-stop delivery activities, disaggregated by the
populations identified in the State and local
plans.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H98DC9EFD8DF84907ACB116E1C4B90BC2">
<enum>
(C)
</enum>
<text>
in paragraph
(3)(A), by striking
<quote>
through publication
</quote>
and inserting
<quote>
through electronic means
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H676085D54DD94C58A391CEA8B30FA21E">
<enum>
(D)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="HC5F380687C6049CEB61095A41F32D385" style="OLC">
<paragraph id="H0D0809C453464D83947D103CDB3764A5">
<enum>
(4)
</enum>
<header>
Data
validation
</header>
<text>
In preparing the reports described in this subsection,
each State shall establish procedures, consistent with guidelines issued by the
Secretary, to ensure the information contained in the report is valid and
reliable.
</text>
</paragraph>
<paragraph id="HBFB329894BF24B5986967B49784E220D">
<enum>
(5)
</enum>
<header>
State and local
policies
</header>
<subparagraph id="H586410FD097945B19899968F5FD5C33A">
<enum>
(A)
</enum>
<header>
State
policies
</header>
<text>
Each State that receives an allotment under section 132
shall maintain a central repository of policies related to access, eligibility,
availability of services, and other matters and plans approved by the State
board and make such repository available to the public, including by electronic
means.
</text>
</subparagraph>
<subparagraph id="HEF6BBB6928704E5484E819C8C26AAB58">
<enum>
(B)
</enum>
<header>
Local
policies
</header>
<text>
Each local area that receives an allotment under section
133 shall maintain a central repository of policies related to access,
eligibility, availability of services, and other matters and plans approved by
the local board and make such repository available to the public, including by
electronic
means.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HBF08367BFB2341509E29F7CF7842B849">
<enum>
(4)
</enum>
<text>
in subsection
(g)—
</text>
<subparagraph id="H931786AADAFC4139A831DE9D816A7A36">
<enum>
(A)
</enum>
<text>
in paragraph
(1)(A), by striking
<quote>
or (B)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H18FCAB4353274CFDAB31A358B825A76E">
<enum>
(B)
</enum>
<text>
in paragraph
(1)(B), by striking
<quote>
may reduce by not more than 5 percent,
</quote>
and
inserting
<quote>
shall reduce
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HE0655BB4239A4EBB85EC4EF03A60BD96">
<enum>
(C)
</enum>
<text>
by striking
paragraph (2) and inserting the following:
</text>
<quoted-block id="H978757C55C394F07BA0ABA3FF6BB0FB9" style="OLC">
<paragraph id="H2DABB90038D24D919A4ECDF14C2D925E">
<enum>
(2)
</enum>
<header>
Funds resulting
from reduced allotments
</header>
<text>
The Secretary shall return to the
Treasury the amount retained, as a result of a reduction in an allotment to a
State made under paragraph
(1)(B).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HE66CEBF1728A43E7B74E60534300DFC6">
<enum>
(5)
</enum>
<text>
in subsection
(h)(1), by striking
<quote>
or (B)
</quote>
;
</text>
</paragraph>
<paragraph id="H4F80EBDA0FA2496D81B9C45A07F10B89">
<enum>
(6)
</enum>
<text>
in subsection
(h)(2)—
</text>
<subparagraph id="H59A1E158320040008D170C83A4CD1A04">
<enum>
(A)
</enum>
<text>
in subparagraph
(A), by amending the matter preceding clause (i) to read as follows:
</text>
<quoted-block id="HB5CC03AD33EF4142BC06B3B92C037E9D" style="OLC">
<subparagraph id="HE585EC7937624D799A017BAA36C03696">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
If such failure continues for a second consecutive year,
the Governor shall take corrective actions, including the development of a
reorganization plan. Such plan
shall—
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H20B2EFCF8F8D4E2E8C3FE7B6F74FBB2F">
<enum>
(B)
</enum>
<text>
by redesignating
subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;
</text>
</subparagraph>
<subparagraph id="H42583C7BB9F141279407CC93CD6E7D2A">
<enum>
(C)
</enum>
<text>
by inserting after
subparagraph (A), the following:
</text>
<quoted-block id="H692E4D4CDD924365884B5B732742056E" style="OLC">
<subparagraph id="H2A2A7119A0644EED82FB059C7805CF34">
<enum>
(B)
</enum>
<header>
Reduction in the
amount of grant
</header>
<text>
If such failure continues for a third consecutive
year, the Governor of a State shall reduce the amount of the grant that would
(in the absence of this subparagraph) be payable to the local area under such
program for the program year after such third consecutive year. Such penalty
shall be based on the degree of failure to meet local levels of
performance.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H252714840AA64253AEFD138624E4EF6D">
<enum>
(D)
</enum>
<text>
in subparagraph
(C)(i) (as so redesignated), by striking
<quote>
a reorganization plan under
subparagraph (A) may, not later than 30 days after receiving notice of the
reorganization plan, appeal to the Governor to rescind or revise such
plan
</quote>
and inserting
<quote>
corrective actions under subparagraphs (A)
and (B) may, not later than 30 days after receiving notice of the actions,
appeal to the Governor to rescind or revise such actions
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HE83D9DF63A584BD78EEE94235E445980">
<enum>
(E)
</enum>
<text>
in subparagraph
(D) (as so redesignated), by striking
<quote>
subparagraph (B)
</quote>
each
place it appears and inserting
<quote>
subparagraph (C)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H3E4970A7789D479083C71C49BF4B5479">
<enum>
(7)
</enum>
<text>
in subsection
(i)(1)(B), by striking
<quote>
subsection (b)(2)(C)
</quote>
and inserting
<quote>
subsection (b)(2)(B)
</quote>
;
</text>
</paragraph>
<paragraph id="H9D2C08582FE040EC9B9480768C53CED7">
<enum>
(8)
</enum>
<text>
in subsection
(i)(1)(C), by striking
<quote>
(b)(3)(A)(vi)
</quote>
and inserting
<quote>
(b)(3)(A)(v)
</quote>
;
</text>
</paragraph>
<paragraph id="HB0E84517B5E64A44A85CDBAB06A7A98A">
<enum>
(9)
</enum>
<text>
in subsection
(i)(2), by striking
<quote>
the activities described in section 502
concerning
</quote>
;
</text>
</paragraph>
<paragraph id="H98D8D49856914844AD7F7B36768D8691">
<enum>
(10)
</enum>
<text>
in subsection
(i)(3), by striking
<quote>
described in paragraph (1) and in the activities
described in section 502
</quote>
and inserting
<quote>
and activities described
in this subsection
</quote>
; and
</text>
</paragraph>
<paragraph id="HFA89CF51D2424077A5181EFF6CABDA28">
<enum>
(11)
</enum>
<text>
by adding at the
end the following new subsections:
</text>
<quoted-block display-inline="no-display-inline" id="HF67E22E9E3DD478FBDDA2669C29820D7" style="OLC">
<subsection id="HB254B7FCD4E64F579C5F6CB27B461AB5">
<enum>
(j)
</enum>
<header>
Use of core
indicators for other programs
</header>
<text>
In addition to the programs carried
out under chapter 5, and consistent with the requirements of the applicable
authorizing laws, the Secretary shall use the core indicators of performance
described in subsection (b)(2)(A) to assess the effectiveness of the programs
described under section 121(b)(1)(B) that are carried out by the
Secretary.
</text>
</subsection>
<subsection id="HDC7A85D982804E2EB4960860D656E02E">
<enum>
(k)
</enum>
<header>
Establishing
pay-for-Performance incentives
</header>
<paragraph id="H50D56E78449A41CF9F8611B69E0A4D77">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
At the discretion of the Governor of a State, a State may
establish an incentive system for local boards to implement pay-for-performance
contract strategies for the delivery of employment and training services in the
local areas served by the local boards.
</text>
</paragraph>
<paragraph id="H9A6DD45126924BBBBD719F19F3B93D23">
<enum>
(2)
</enum>
<header>
Implementation
</header>
<text>
A
State that establishes a pay-for-performance incentive system shall reserve not
more than 10 percent of the total amount allotted to the State under section
132(b)(2) for a fiscal year to provide funds to local areas in the State whose
local boards have implemented a pay-for-performance contract strategy.
</text>
</paragraph>
<paragraph id="H884C4A23F5034018A723BE194D7FE86D">
<enum>
(3)
</enum>
<header>
Evaluations
</header>
<text>
A
State described in paragraph (2) shall use funds reserved by the State under
section 133(a)(1) to evaluate the return on investment of pay-for-performance
contract strategies implemented by local boards in the
State.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HBD9C9BF69B3D47B1B165485950532CDD">
<enum>
115.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
Section 137
(29 U.S.C.
2872) is amended to read as follows:
</text>
<quoted-block id="H64E29AC0D74D48A690F336B3329C9C8E" style="OLC">
<section commented="no" id="H2009E9ADEB264FD7A9939B68908F026A">
<enum>
137.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
There are
authorized to be appropriated to carry out the activities described in section
132, $6,245,318,000 for fiscal year 2014 and each of the 6 succeeding fiscal
years.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
<subtitle id="H905BCE55B1A14220A37ACCD787586404">
<enum>
C
</enum>
<header>
Job Corps
</header>
<section id="H802255DDFC744A1DBF7731A5C1315331">
<enum>
116.
</enum>
<header>
Job Corps
purposes
</header>
<text display-inline="no-display-inline">
Paragraph (1) of
section 141 (29
U.S.C. 2881(1)) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H10706A2AF15D4A8E831EEEABB6047EFA" style="OLC">
<paragraph id="H5C803D4EA3194C7C8BC1D50330CF196F">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
to maintain a national Job Corps program
for at-risk youth, carried out in partnership with States and communities, to
assist eligible youth to connect to the workforce by providing them with
intensive academic, career and technical education, and service-learning
opportunities, in residential and nonresidential centers, in order for such
youth to obtain regular secondary school diplomas and recognized postsecondary
credentials leading to successful careers in in-demand industries that will
result in opportunities for
advancement;
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H079F141146F343DA957CD82341BC707E">
<enum>
117.
</enum>
<header>
Job Corps
definitions
</header>
<text display-inline="no-display-inline">
Section 142
(29 U.S.C.
2882) is amended—
</text>
<paragraph id="H5A1FABFBAE87417D9F589835555D9C92">
<enum>
(1)
</enum>
<text>
in paragraph
(2)—
</text>
<subparagraph id="HB725540C95A84265A0EF76D417919296">
<enum>
(A)
</enum>
<text>
in the paragraph
heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Applicable one-stop
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
One-stop
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="H244A5E8C95CD4FB3A822ECFD5F14E45F">
<enum>
(B)
</enum>
<text>
by striking
<quote>
applicable
</quote>
;
</text>
</subparagraph>
<subparagraph id="HE5E7C440BE4E4BA68EDCF3798C35BA6F">
<enum>
(C)
</enum>
<text>
by striking
<quote>
customer service
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H6ED90267EF0041ED92F060C9D93CB5F2">
<enum>
(D)
</enum>
<text>
by striking
<quote>
intake
</quote>
and inserting
<quote>
assessment
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H34CF63F1A0144689902ACD4AE3B04674">
<enum>
(2)
</enum>
<text>
in paragraph (4),
by striking
<quote>
before completing the requirements
</quote>
and all that
follows and inserting
<quote>
prior to becoming a graduate.
</quote>
; and
</text>
</paragraph>
<paragraph id="HAB209A1541DA4323832E8517566A3034">
<enum>
(3)
</enum>
<text>
in paragraph (5),
by striking
<quote>
has completed the requirements
</quote>
and all that follows
and inserting the following:
<quote>
who, as a result of participation in the
Job Corps program, has received a regular secondary school diploma, completed
the requirements of a career and technical education and training program, or
received, or is making satisfactory progress (as defined under section 484(c)
of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1091">
20 U.S.C. 1091(c)
</external-xref>
)) toward
receiving, a recognized postsecondary credential, including an
industry-recognized credential that prepares individuals for employment leading
to economic self-sufficiency.
</quote>
.
</text>
</paragraph>
</section>
<section id="H4AF09166E8C549B6A8BBFE239F1F93B8">
<enum>
118.
</enum>
<header>
Individuals
eligible for the Job Corps
</header>
<text display-inline="no-display-inline">
Section 144 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2884">
29 U.S.C. 2884
</external-xref>
) is amended—
</text>
<paragraph id="H22510084A3FB4CA49560537CE26AB39F">
<enum>
(1)
</enum>
<text>
by amending
paragraph (1) to read as follows:
</text>
<quoted-block id="H6A42DDBC146C4B4FA4F86D45378954BD" style="OLC">
<paragraph id="H68C735EE54EF43DE98570F6285880BFF">
<enum>
(1)
</enum>
<text>
not less than age
16 and not more than age 24 on the date of
enrollment;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H0A032564EE6D483FB0B0B0BB353B4309">
<enum>
(2)
</enum>
<text>
in paragraph
(3)(B), by inserting
<quote>
secondary
</quote>
before
<quote>
school
</quote>
;
and
</text>
</paragraph>
<paragraph id="H56CEAF74BA1849F686B14D6BACAB5314">
<enum>
(3)
</enum>
<text>
in paragraph
(3)(E), by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and
technical education and
</quote>
.
</text>
</paragraph>
</section>
<section id="HB1DA91B952B847B099165DC09131A3FE">
<enum>
119.
</enum>
<header>
Recruitment,
screening, selection, and assignment of enrollees
</header>
<text display-inline="no-display-inline">
Section 145 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2885">
29 U.S.C. 2885
</external-xref>
) is amended—
</text>
<paragraph id="H3166C97C3AED4AEDB306C809F9ED9D00">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="HB24DAAA3D31045ED8059B6F038FCBA89">
<enum>
(A)
</enum>
<text>
in paragraph
(2)(C)(i) by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and
technical education and training
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA90769E9C0AA40CBB6DA9894E9E10B2C">
<enum>
(B)
</enum>
<text>
in paragraph
(3)—
</text>
<clause id="H48FE95DAB5A740F29804FB15BDA1E711">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
To the extent practicable, the
</quote>
and inserting
<quote>
The
</quote>
;
</text>
</clause>
<clause id="H32F2F05F076E44628C9136C124A85685">
<enum>
(ii)
</enum>
<text>
in
subparagraph (A)—
</text>
<subclause id="H1B1BAF83D5D94318A63C18AD628EC631">
<enum>
(I)
</enum>
<text>
by striking
<quote>
applicable
</quote>
; and
</text>
</subclause>
<subclause id="H08F3C2477B474BE6A699D736D2EB31CC">
<enum>
(II)
</enum>
<text>
by inserting
<quote>
and
</quote>
after the semicolon;
</text>
</subclause>
</clause>
<clause id="HDAD305619E8540B681D32F4D1328C60A">
<enum>
(iii)
</enum>
<text>
by
striking subparagraphs (B) and (C); and
</text>
</clause>
<clause id="H03832A3F7B534D98BFE1963FD2420D60">
<enum>
(iv)
</enum>
<text>
by
adding at the end the following:
</text>
<quoted-block id="HD2B67EECAD6A4C679D7AD6010B2E5712" style="OLC">
<subparagraph id="HF5A4ADECCFCC40899A42D01D3BBE7EBE">
<enum>
(B)
</enum>
<text>
organizations that
have a demonstrated record of effectiveness in placing at-risk youth into
employment.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HE162773B4F824EA9BC807D4DE4EA4564">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H5A0590DA548940118E33E5A58AE82099">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="HBA1674669FD84D0897E9FF8F2AB2F1AB">
<enum>
(i)
</enum>
<text>
in
subparagraph (B), by inserting
<quote>
and agrees to such rules
</quote>
after
<quote>
failure to observe the rules
</quote>
; and
</text>
</clause>
<clause id="H5D86D8BE6F6841E7ACE89AFBF3737268">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
by amending subparagraph (C) to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="HEA49DD22ED3247DD930F75B0E3B140F4" style="OLC">
<subparagraph id="H2A2E94CDE7554C62B3E6BDE1A056C74C">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the individual has passed a background
check conducted in accordance with procedures established by the Secretary,
which shall include—
</text>
<clause id="H89C68FF547D84F0C8432D69D7E7822D4">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
a search of the State criminal registry or
repository in the State where the individual resides and each State where the
individual previously resided;
</text>
</clause>
<clause id="HD56E2B07F0DF44F3835326D0C3484ACC">
<enum>
(ii)
</enum>
<text>
a
search of State-based child abuse and neglect registries and databases in the
State where the individual resides and each State where the individual
previously resided;
</text>
</clause>
<clause id="H3C29F550DD114877B5DBBF80D9F95162">
<enum>
(iii)
</enum>
<text>
a search of the
National Crime Information Center;
</text>
</clause>
<clause id="H778836BE0E8D4E9C875B1120A3F55904">
<enum>
(iv)
</enum>
<text>
a
Federal Bureau of Investigation fingerprint check using the Integrated
Automated Fingerprint Identification System; and
</text>
</clause>
<clause id="H01E565EB70124AD29294B27E1D141DDC">
<enum>
(v)
</enum>
<text>
a
search of the National Sex Offender Registry established under the Adam Walsh
Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et
seq.).
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H6C6B3AEAEFF64182AE0929F45B3D3971">
<enum>
(B)
</enum>
<text>
by adding at the
end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HFDB625AC1121432C8BFBAA90B788FBF4" style="OLC">
<paragraph id="HA9C521FDBFFE481A9A6E346EE419F7DC">
<enum>
(3)
</enum>
<header>
Individuals
convicted of a crime
</header>
<text display-inline="yes-display-inline">
An
individual shall be ineligible for enrollment if the individual—
</text>
<subparagraph id="HF0833418601F4D689C1CCFE5AD205F94">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
makes a false statement in connection with
the criminal background check described in paragraph (1)(C);
</text>
</subparagraph>
<subparagraph id="H5883114871B24E629FBB0F0B7D586746">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
is registered or is required to be
registered on a State sex offender registry or the National Sex Offender
Registry established under the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C.
16901 et seq.); or
</text>
</subparagraph>
<subparagraph id="HEB461E1B7B9B470D8E0A096D0AC0AD2F">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
has been convicted of a felony consisting
of—
</text>
<clause id="HB8746FCD18504AC18CE32850240B90F0">
<enum>
(i)
</enum>
<text>
homicide;
</text>
</clause>
<clause id="H462DBAB6470840418DB025A209B454BB">
<enum>
(ii)
</enum>
<text>
child abuse or
neglect;
</text>
</clause>
<clause id="H9C1CFD4EF30943909DC9415FB1302426">
<enum>
(iii)
</enum>
<text>
a crime against
children, including child pornography;
</text>
</clause>
<clause id="HA365D4EA3DF44FBE800022A18179DB5F">
<enum>
(iv)
</enum>
<text>
a
crime involving rape or sexual assault; or
</text>
</clause>
<clause id="HC2E2FF2F1BFF40F58405A5065B715120">
<enum>
(v)
</enum>
<text>
physical assault,
battery, or a drug-related offense, committed within the past 5
years.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HB67CAC304DA04CDC871120C055D8B7FB">
<enum>
(3)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H6C897E5BB6134C4FBFD7F18202910756">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="H936FED185D79471C8DD0F0000EB133C7">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
2 years
</quote>
and inserting
<quote>
year
</quote>
; and
</text>
</clause>
<clause id="H8293B9BAA4484AEAB6F00F7E5968D487">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
an assignment
</quote>
and inserting
<quote>
a
</quote>
;
and
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H3FEE4F5AE7D64E5B84389C9BD98FE545">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="HF197E9499CA8488CB0EE0423E31B5152">
<enum>
(i)
</enum>
<text>
in
the matter preceding subparagraph (A), by striking
<quote>
, every 2
years,
</quote>
;
</text>
</clause>
<clause id="H2E6585176E724104A848667E0D647BBD">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B), by striking
<quote>
and
</quote>
at the end; and
</text>
</clause>
<clause id="H723A6C61337349B4B37B3AD497316777">
<enum>
(iii)
</enum>
<text>
in
subparagraph (C)—
</text>
<subclause id="HE5453AD60F05427BA4D671C653CE61F4">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
the education and training
</quote>
after
<quote>
including
</quote>
;
and
</text>
</subclause>
<subclause id="HFE29D2E2EB124F3CB60C2D523B6FBF7F">
<enum>
(II)
</enum>
<text>
by striking the
period at the end and inserting
<quote>
; and
</quote>
; and
</text>
</subclause>
</clause>
<clause display-inline="no-display-inline" id="HABE2F4ACFBEA4A26825B3F661553DE4B">
<enum>
(iv)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="HA0FA4BFF8FA943559274D2DC5CD7F784" style="OLC">
<subparagraph id="HE1DE9374D8E34D148C17491EFA6FF79E">
<enum>
(D)
</enum>
<text>
the performance of
the Job Corps center relating to the indicators described in paragraphs (1) and
(2) in section 159(c), and whether any actions have been taken with respect to
such center pursuant to section 159(f).
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H5340CDD765EB4AEE8FC5F96DD47995EE">
<enum>
(4)
</enum>
<text>
in subsection
(d)—
</text>
<subparagraph id="H85EE0732D46245B8A8B863090274EE8B">
<enum>
(A)
</enum>
<text>
in paragraph
(1)—
</text>
<clause id="HAA2B96238C7540BF8FB4C7C124F3F8E2">
<enum>
(i)
</enum>
<text>
in
the matter preceding subparagraph (A), by striking
<quote>
is closest to the
home of the enrollee, except that the
</quote>
and inserting
<quote>
offers the
type of career and technical education and training selected by the individual
and, among the centers that offer such education and training, is closest to
the home of the individual. The
</quote>
;
</text>
</clause>
<clause id="H97065A3CFF624985AC15FE86B291A6E8">
<enum>
(ii)
</enum>
<text>
by
striking subparagraph (A); and
</text>
</clause>
<clause id="H45BD1DBAF1EF4895BF78C3FAF11F008A">
<enum>
(iii)
</enum>
<text>
by
redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively; and
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H430C8C3C43E54CF19330CF72AD690E29">
<enum>
(B)
</enum>
<text>
in paragraph (2),
by inserting
<quote>
that offers the career and technical education and training
desired by
</quote>
after
<quote>
home of the enrollee
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H6945825793DE4BF99235CD1BC3A4E42E">
<enum>
120.
</enum>
<header>
Job Corps
centers
</header>
<text display-inline="no-display-inline">
Section 147
(29 U.S.C.
2887) is amended—
</text>
<paragraph id="HB11B3E39D681428F84BD12B84DE7234B">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="H2DFA908E68104FC3B05814C2AB646496">
<enum>
(A)
</enum>
<text>
in paragraph
(1)(A), by striking
<quote>
vocational
</quote>
both places it appears and
inserting
<quote>
career and technical
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H4EB1098F9F954CEE8F102A03FA43DEC8">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="HC62B9D62F2ED44BC9F13B7C9D8EEB0D7">
<enum>
(i)
</enum>
<text>
in
subparagraph (A)—
</text>
<subclause id="HD36D1BC9BB6344CF900A265619774756">
<enum>
(I)
</enum>
<text>
by striking
<quote>
subsections (c) and (d) of section 303 of the Federal Property and
Administrative Services Act of 1949 (
<external-xref legal-doc="usc" parsable-cite="usc/41/253">
41 U.S.C. 253
</external-xref>
)
</quote>
and inserting
<quote>
subsections (a) and (b) of
section
3304 of title 41, United States Code
</quote>
; and
</text>
</subclause>
<subclause id="H1487DA85883E4E0780AE20D06B038CD9">
<enum>
(II)
</enum>
<text>
by striking
<quote>
industry council
</quote>
and inserting
<quote>
workforce
council
</quote>
;
</text>
</subclause>
</clause>
<clause id="H4985B0E48A1B45AE885A077CF3A41642">
<enum>
(ii)
</enum>
<text>
in
subparagraph (B)(i)—
</text>
<subclause id="HC628D6EE986C4190A3358A99F7CAE834">
<enum>
(I)
</enum>
<text>
by amending
subclause (II) to read as follows:
</text>
<quoted-block id="H7654DD346F7241CEBD97A151296C9C51" style="OLC">
<subclause id="HE297DF2087F645D38D5C830C53D8A0A0">
<enum>
(II)
</enum>
<text>
the ability of
the entity to offer career and technical education and training that the
workforce council proposes under section
154(c);
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H10ACEEBCD10441CC8B9189A049977F18">
<enum>
(II)
</enum>
<text>
in subclause
(III), by striking
<quote>
is familiar with the surrounding communities,
applicable
</quote>
and inserting
<quote>
demonstrates relationships with the
surrounding communities, employers, workforce boards,
</quote>
and by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
<subclause id="H1A1F7C32738948A0A77198FADF3CF0D3">
<enum>
(III)
</enum>
<text>
by amending
subclause (IV) to read as follows:
</text>
<quoted-block id="H0C0C81FD9A5144D5BEAB42F0C8AD3DC4" style="OLC">
<subclause id="H8B0825FAC120466794CB2F793949F526">
<enum>
(IV)
</enum>
<text>
the performance
of the entity, if any, relating to operating or providing activities described
in this subtitle to a Job Corps center, including the entity’s demonstrated
effectiveness in assisting individuals in achieving the primary and secondary
indicators of performance described in paragraphs (1) and (2) of section
159(c); and
</text>
</subclause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="HCFCC25303114448691323D367498563F">
<enum>
(IV)
</enum>
<text>
by adding at the
end the following new subclause:
</text>
<quoted-block id="HEB5EEE90622E4059A22CF90F08D3E7FB" style="OLC">
<subclause id="H41B2AB57EBB940DC9E6E8D4C26178589">
<enum>
(V)
</enum>
<text>
the ability of the
entity to demonstrate a record of successfully assisting at-risk youth to
connect to the workforce, including by providing them with intensive academic,
and career and technical education and
training.
</text>
</subclause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="HF80235323C7044499F4660DCC9EA3362">
<enum>
(iii)
</enum>
<text>
in
subparagraph (B)(ii), by striking
<quote>
, as appropriate
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HB3C83349240241A9846A4B14177BA626">
<enum>
(2)
</enum>
<text>
in subsection (b),
by striking
<quote>
In any year, no more than 20 percent of the individuals
enrolled in the Job Corps may be nonresidential participants in the Job
Corps.
</quote>
;
</text>
</paragraph>
<paragraph id="HE5E593B71A2F428E86F6BE99B259D3C9">
<enum>
(3)
</enum>
<text>
by amending
subsection (c) to read as follows:
</text>
<quoted-block id="H0174648055644D51B7352587914128C4" style="OLC">
<subsection id="H1E40732EB0F941F28551467503C49FB2">
<enum>
(c)
</enum>
<header>
Civilian
conservation centers
</header>
<paragraph id="H025025A4EF7D429E887A69EAD8C703E1">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Job Corps centers may include Civilian Conservation
Centers, operated under an agreement between the Secretary of Labor and the
Secretary of Agriculture, that are located primarily in rural areas. Such
centers shall adhere to all the provisions of this subtitle, and shall provide,
in addition to education, career and technical education and training, and
workforce preparation skills training described in section 148, programs of
work experience to conserve, develop, or manage public natural resources or
public recreational areas or to develop community projects in the public
interest.
</text>
</paragraph>
<paragraph id="H5010520127D34FBEA367C1B8B92B1457">
<enum>
(2)
</enum>
<header>
Selection
process
</header>
<text>
The Secretary shall select an entity that submits an
application under subsection (d) to operate a Civilian Conservation Center on a
competitive basis, as provided in subsection
(a).
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H05C5252CE0284ECBB4D467DB4B74037F">
<enum>
(4)
</enum>
<text>
by striking
subsection (d) and inserting the following:
</text>
<quoted-block id="H4BB4FDBB3C0A4EE9B78C72FF8B2DBCB1" style="OLC">
<subsection id="H06B8CDB4401940F4B6CFB822048FF230">
<enum>
(d)
</enum>
<header>
Application
</header>
<text>
To
be eligible to operate a Job Corps center under this subtitle, an entity shall
submit an application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require, including—
</text>
<paragraph id="H43EF122F9F9E4D96A8EDBFC01141DB4C">
<enum>
(1)
</enum>
<text>
a description of
the program activities that will be offered at the center, including how the
career and technical education and training reflect State and local employment
opportunities, including in in-demand industries;
</text>
</paragraph>
<paragraph id="H203D61A22F344022A503DC0714F3CAA8">
<enum>
(2)
</enum>
<text>
a description of
the counseling, placement, and support activities that will be offered at the
center, including a description of the strategies and procedures the entity
will use to place graduates into unsubsidized employment upon completion of the
program;
</text>
</paragraph>
<paragraph id="H734A284949A94C60B3AE288E2C1F61FA">
<enum>
(3)
</enum>
<text>
a description of
the demonstrated record of effectiveness that the entity has in placing at-risk
youth into employment, including past performance of operating a Job Corps
center under this subtitle;
</text>
</paragraph>
<paragraph id="H720DC4B0C3934675BB658F6C5D6DB173">
<enum>
(4)
</enum>
<text>
a description of
the relationships that the entity has developed with State and local workforce
boards, employers, State and local educational agencies, and the surrounding
communities in an effort to promote a comprehensive statewide workforce
investment system;
</text>
</paragraph>
<paragraph id="HBF5894F6454E4BE88DEB6BFF0DE822C3">
<enum>
(5)
</enum>
<text>
a description of
the strong fiscal controls the entity has in place to ensure proper accounting
of Federal funds, and a description of how the entity will meet the
requirements of section 159(a);
</text>
</paragraph>
<paragraph id="H3DD49120C04E41C4A1E97B530EFCEEDF">
<enum>
(6)
</enum>
<text>
a description of
the strategies and policies the entity will utilize to reduce participant
costs;
</text>
</paragraph>
<paragraph id="H70EE0CD9EE89486F9365969CBA2F8D3A">
<enum>
(7)
</enum>
<text>
a description of
the steps taken to control costs in accordance with section 159(a)(3);
</text>
</paragraph>
<paragraph id="HCB9AB21B877E4E428D71E2EE6A55569B">
<enum>
(8)
</enum>
<text>
a detailed budget
of the activities that will be supported using funds under this
subtitle;
</text>
</paragraph>
<paragraph id="HF6808E6FD3104DFE87FD052DEC6F4F63">
<enum>
(9)
</enum>
<text>
a detailed budget
of the activities that will be supported using funds from non-Federal
resources;
</text>
</paragraph>
<paragraph id="HDF88DDAB91ED41E89CD8D2172AD28EE2">
<enum>
(10)
</enum>
<text>
an assurance the
entity will comply with the administrative cost limitation included in section
151(c);
</text>
</paragraph>
<paragraph id="HB7C429E2C9CD4377AF4FB68B2FF61D67">
<enum>
(11)
</enum>
<text>
an assurance the
entity is licensed to operate in the State in which the center is located;
and
</text>
</paragraph>
<paragraph id="H590C9285D1E241B89E6E3FF4CA5268A7">
<enum>
(12)
</enum>
<text>
an assurance the
entity will comply with and meet basic health and safety codes, including those
measures described in section 152(b).
</text>
</paragraph>
</subsection>
<subsection id="HC9D5DD77B07E45B6A031EFCA0D3EE8F7">
<enum>
(e)
</enum>
<header>
Length of
agreement
</header>
<text>
The agreement described in subsection (a)(1)(A) shall
be for not longer than a 2-year period. The Secretary may renew the agreement
for 3 one-year periods if the entity meets the requirements of subsection
(f).
</text>
</subsection>
<subsection id="HD6E05F2843BB48AC9296C0CE5C95F816">
<enum>
(f)
</enum>
<header>
Renewal
</header>
<paragraph id="HD86160B56592438392F49B095A980E96">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Subject to paragraph (2), the Secretary may renew the
terms of an agreement described in subsection (a)(1)(A) for an entity to
operate a Job Corps center if the center meets or exceeds each of the
indicators of performance described in section 159(c)(1).
</text>
</paragraph>
<paragraph id="HC2AC255CCBAD4CC199BA808C659A05C0">
<enum>
(2)
</enum>
<header>
Recompetition
</header>
<subparagraph id="H6B9D8DD4BD034EF8B731CDBEEFDE03D6">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Notwithstanding paragraph (1), the Secretary shall not
renew the terms of the agreement for an entity to operate a Job Corps center if
such center is ranked in the bottom quintile of centers described in section
159(f)(2) for any program year. Such entity may submit a new application under
subsection (d) only if such center has shown significant improvement on the
indicators of performance described in section 159(c)(1) over the last program
year.
</text>
</subparagraph>
<subparagraph id="H102D9F05E010443D871CADDC1F50CDE8">
<enum>
(B)
</enum>
<header>
Violations
</header>
<text>
The
Secretary shall not select an entity to operate a Job Corps center if such
entity or such center has been found to have a systemic or substantial material
failure that involves—
</text>
<clause id="H3469148F6707447F9164D6EBC5E3B6B3">
<enum>
(i)
</enum>
<text>
a
threat to the health, safety, or civil rights of program participants or
staff;
</text>
</clause>
<clause id="H99B74C0F1D0849BDA0A62055D94BAF58">
<enum>
(ii)
</enum>
<text>
the misuse of
funds received under this subtitle;
</text>
</clause>
<clause id="HBC9C987F2BD245468AC372F98A97C8CB">
<enum>
(iii)
</enum>
<text>
loss of legal
status or financial viability, loss of permits, debarment from receiving
Federal grants or contracts, or the improper use of Federal funds;
</text>
</clause>
<clause id="H55C63CB0BDC74DD98989607AB17A2E0D">
<enum>
(iv)
</enum>
<text>
failure to meet
any other Federal or State requirement that the entity has shown an
unwillingness or inability to correct, after notice from the Secretary, within
the period specified; or
</text>
</clause>
<clause id="HAD5DACBDB3654BCA88C7510DFDA4B6F2">
<enum>
(v)
</enum>
<text>
an
unresolved area of noncompliance.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HC84E701EA11F4F59B832E02E7DAC6C92">
<enum>
(g)
</enum>
<header>
Current
grantees
</header>
<text display-inline="yes-display-inline">
Not later than 60
days after the date of enactment of the SKILLS Act and notwithstanding any
previous grant award or renewals of such award under this subtitle, the
Secretary shall require all entities operating a Job Corps center under this
subtitle to submit an application under subsection (d) to carry out the
requirements of this
section.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HDB9946120D6C4B9AAF88759F6DA7FE79">
<enum>
121.
</enum>
<header>
Program
activities
</header>
<text display-inline="no-display-inline">
Section 148
(29 U.S.C.
2888) is amended—
</text>
<paragraph id="H42AFDF59B2A64C7DBC711A196691F730">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by amending subsection (a) to read as
follows:
</text>
<quoted-block id="HC8496EC8EC9848C7B4A36C796885F4BA" style="OLC">
<subsection id="HA084B9D66B5741C99BFA2BEA4DEF6F16">
<enum>
(a)
</enum>
<header>
Activities
provided through job corps centers
</header>
<paragraph id="H2A6824D8FA8C4195B35E2B42A4B1689A">
<enum>
(1)
</enum>
<header>
In
General
</header>
<text>
Each Job Corps center shall provide enrollees with an
intensive, well-organized, and supervised program of education, career, and
technical education and training, work experience, recreational activities,
physical rehabilitation and development, and counseling. Each Job Corps center
shall provide enrollees assigned to the center with access to work-ready
services described in section 134(c)(2).
</text>
</paragraph>
<paragraph id="H3EA55A6F4C644EDF824DA7C11751CD8A">
<enum>
(2)
</enum>
<header>
Relationship to
opportunities
</header>
<subparagraph id="H032459B6E46140FF803C2B7ACC2DA1CA">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The activities provided under this subsection shall be
targeted to helping enrollees, on completion of their enrollment—
</text>
<clause id="H30B0BD3868CE42F6A5B311F196492DF5">
<enum>
(i)
</enum>
<text>
secure and
maintain meaningful unsubsidized employment;
</text>
</clause>
<clause id="H013A87EEB45F4C83AD0300A4EBC5256E">
<enum>
(ii)
</enum>
<text>
complete
secondary education and obtain a regular secondary school diploma;
</text>
</clause>
<clause id="H7F7EC89DBBFC4798931F8285895FDE48">
<enum>
(iii)
</enum>
<text>
enroll in and
complete postsecondary education or training programs, including obtaining
recognized postsecondary credentials, industry-recognized credentials, and
registered apprenticeships; or
</text>
</clause>
<clause id="HFB6775561F4C439CB4C09A0FFED79894">
<enum>
(iv)
</enum>
<text>
satisfy Armed
Forces requirements.
</text>
</clause>
</subparagraph>
<subparagraph id="HEF6E78C33AC3496C80ED4D4936B76B67">
<enum>
(B)
</enum>
<header>
Link to
employment opportunities
</header>
<text>
The career and technical education and
training provided shall be linked to the employment opportunities in in-demand
industries in the State in which the Job Corps center is
located.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H7322A3B7577949B4B61005B795B39E85">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H20B015AF55E44D878136951BECD730AB">
<enum>
(A)
</enum>
<text>
in the subsection
heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
Education and Vocational
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
Academic and Career and
Technical Education and
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="H93EE514E277A40378892DAA987AC0923">
<enum>
(B)
</enum>
<text>
by striking
<quote>
may
</quote>
after
<quote>
The Secretary
</quote>
and inserting
<quote>
shall
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HFA2C4ACDF6B845B4AF6D933253C59430">
<enum>
(C)
</enum>
<text>
by striking
<quote>
vocational
</quote>
each place it appears and inserting
<quote>
career and
technical
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H8908A4DF00CF4C458A006ABBAF915FCF">
<enum>
(3)
</enum>
<text>
by amending
paragraph (3) of subsection (c) to read as follows:
</text>
<quoted-block id="H6594009B7EA04B68B0D8C5AE1327EA70" style="OLC">
<paragraph id="HBC6F925F2E4647AB9ADA50AE21D357CB">
<enum>
(3)
</enum>
<header>
Demonstration
</header>
<text>
Each
year, any operator seeking to enroll additional enrollees in an advanced career
training program shall demonstrate, before the operator may carry out such
additional enrollment, that—
</text>
<subparagraph id="H6470844EEA64419AB9E7DB52056185C7">
<enum>
(A)
</enum>
<text>
participants in
such program have achieved a satisfactory rate of completion and placement in
training-related jobs; and
</text>
</subparagraph>
<subparagraph id="HD335C862EBF244D5B8C1F3C4D1E59704">
<enum>
(B)
</enum>
<text>
such operator has
met or exceeded the indicators of performance described in paragraphs (1) and
(2) of section 159(c) for the previous
year.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H5B332AD6DC6C4C14B003AD5CFE191314">
<enum>
122.
</enum>
<header>
Counseling and
job placement
</header>
<text display-inline="no-display-inline">
Section 149
(29 U.S.C.
2889) is amended—
</text>
<paragraph id="H06FA7ECD2FD2464D9CFF1FA24BF07A3D">
<enum>
(1)
</enum>
<text>
in subsection (a),
by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and technical
education and
</quote>
;
</text>
</paragraph>
<paragraph id="H8E23583976E648AFA6F9A68BE998F152">
<enum>
(2)
</enum>
<text>
in subsection (b),
by striking
<quote>
make every effort to arrange to
</quote>
; and
</text>
</paragraph>
<paragraph id="HFAC8DA3DE3C842BE86A1DB61DB76ED25">
<enum>
(3)
</enum>
<text>
by striking
subsection (d).
</text>
</paragraph>
</section>
<section id="HC544420390AB4A6BB14E70C9ED143132">
<enum>
123.
</enum>
<header>
Support
</header>
<text display-inline="no-display-inline">
Subsection (b) of section 150
(29 U.S.C.
2890) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H149074C47FFC449D9E7DC902A159F4BB" style="OLC">
<subsection id="H5A69DFF356114D089DEB787849245781">
<enum>
(b)
</enum>
<header>
Transition
allowances and support for graduates
</header>
<text display-inline="yes-display-inline">
The Secretary shall arrange for a
transition allowance to be paid to graduates. The transition allowance shall be
incentive-based to reflect a graduate’s completion of academic, career and
technical education or training, and attainment of a recognized postsecondary
credential, including an industry-recognized
credential.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HE2D9D8C81AF949E4881F59913160B5DA">
<enum>
124.
</enum>
<header>
Operations
</header>
<text display-inline="no-display-inline">
Section 151 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2891">
29 U.S.C. 2891
</external-xref>
) is amended—
</text>
<paragraph id="H5A78524EB04F46DCA8495382E2232563">
<enum>
(1)
</enum>
<text>
in the header, by
striking
<quote>
<header-in-text level="section" style="OLC">
Operating
plan
</header-in-text>
.
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
Operations
</header-in-text>
.
</quote>
;
</text>
</paragraph>
<paragraph id="H8E308FD72723475AB98925844A4BFC1C">
<enum>
(2)
</enum>
<text>
in subsection (a),
by striking
<quote>
<header-in-text level="subsection" style="OLC">
In
General.
</header-in-text>
—
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
Operating
Plan.
</header-in-text>
—
</quote>
;
</text>
</paragraph>
<paragraph id="H05A7557BF20E4699A6AF2B34EA21DA35">
<enum>
(3)
</enum>
<text>
by striking
subsection (b) and redesignating subsection (c) as subsection (b);
</text>
</paragraph>
<paragraph id="HE03139E8C3B146B4800CE99D3258CD88">
<enum>
(4)
</enum>
<text>
by amending
subsection (b) (as so redesignated)—
</text>
<subparagraph id="HC0BA9D8E95E041F78F76B16DD568E32D">
<enum>
(A)
</enum>
<text>
in the heading by
inserting
<quote>
<header-in-text level="subsection" style="OLC">
of Operating
Plan
</header-in-text>
</quote>
after
<quote>
<header-in-text level="subsection" style="OLC">
Availability
</header-in-text>
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H3F293589579C4E049603EB938F47AC1A">
<enum>
(B)
</enum>
<text>
by striking
<quote>
subsections (a) and (b)
</quote>
and inserting
<quote>
subsection
(a)
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HA4B3FA0B09CE493E87483E714AA5642B">
<enum>
(5)
</enum>
<text>
by adding at the
end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="HCA61A0B430D647CAAAD50864655DFD3F" style="OLC">
<subsection id="HAF4A1645F7604395A6D0AD70AEA2514F">
<enum>
(c)
</enum>
<header>
Administrative
costs
</header>
<text display-inline="yes-display-inline">
Not more than 10
percent of the funds allotted under section 147 to an entity selected to
operate a Job Corps center may be used by the entity for administrative costs
under this
subtitle.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H74A4CE9015404D429629E5CF3056C8EC">
<enum>
125.
</enum>
<header>
Community
participation
</header>
<text display-inline="no-display-inline">
Section 153
(29 U.S.C.
2893) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H8AED74D4DE69480E8473D77C538F0891" style="OLC">
<section id="H089088EDBEF44FEA85DF172953D3B59D">
<enum>
153.
</enum>
<header>
Community
participation
</header>
<text display-inline="no-display-inline">
The director of
each Job Corps center shall encourage and cooperate in activities to establish
a mutually beneficial relationship between Job Corps centers in the State and
nearby communities. Such activities may include the use of any local workforce
development boards established under section 117 to provide a mechanism for
joint discussion of common problems and for planning programs of mutual
interest.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H42954E70808D489392B608940C107896">
<enum>
126.
</enum>
<header>
Workforce
councils
</header>
<text display-inline="no-display-inline">
Section 154
(29 U.S.C.
2894) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H27075EF8CAA04C87956437A1A94FA583" style="OLC">
<section id="H55A3441C59F5472DA3F3120884889629">
<enum>
154.
</enum>
<header>
Workforce
councils
</header>
<subsection id="HB8BFC67E41134B28ACE9DBE5A367B37F">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Each Job Corps center shall have a workforce council
appointed by the Governor of the State in which the Job Corps center is
located.
</text>
</subsection>
<subsection id="H5905B1DCBB3A4BDE9F735A9F0F3CDA7B">
<enum>
(b)
</enum>
<header>
Workforce
council composition
</header>
<paragraph id="HBEDCAA5951B84CA8B23437A4E5099A5D">
<enum>
(1)
</enum>
<header>
In
General
</header>
<text>
A workforce council shall be comprised of—
</text>
<subparagraph id="HC46D971DE70845C6B210469763F761D1">
<enum>
(A)
</enum>
<text>
business members
of the State board described in section 111(b)(1)(B)(i);
</text>
</subparagraph>
<subparagraph id="HD5285C4244144027B1F1374E1D454363">
<enum>
(B)
</enum>
<text>
business members
of the local boards described in section 117(b)(2)(A) located in the
State;
</text>
</subparagraph>
<subparagraph id="H8283695DBF124941AA9C6E4D5A732900">
<enum>
(C)
</enum>
<text>
a representative
of the State board described in section 111(f); and
</text>
</subparagraph>
<subparagraph id="HD11644824962496FA2F52001B53AF0AC">
<enum>
(D)
</enum>
<text>
such other
representatives and State agency officials as the Governor may
designate.
</text>
</subparagraph>
</paragraph>
<paragraph id="HC8FBE223B88E47A2B3BD6AC112B13E04">
<enum>
(2)
</enum>
<header>
Majority
</header>
<text>
A
<fraction>
2/3
</fraction>
majority of the members of the workforce council shall
be representatives described in paragraph (1)(A).
</text>
</paragraph>
</subsection>
<subsection id="HD1B1881344DA4CED8F0F3B4E6FB35B0D">
<enum>
(c)
</enum>
<header>
Responsibilities
</header>
<text>
The
responsibilities of the workforce council shall be—
</text>
<paragraph id="H266A386F97E4407C9BB3BCB42567F97D">
<enum>
(1)
</enum>
<text>
to review all the
relevant labor market information, including related information in the State
plan described in section 112, to—
</text>
<subparagraph id="H7E8E58C8A9344868992C20E9BEE39B83">
<enum>
(A)
</enum>
<text>
determine the
in-demand industries in the State in which enrollees intend to seek employment
after graduation;
</text>
</subparagraph>
<subparagraph id="H87AE4534163441C794B22352C53B14D5">
<enum>
(B)
</enum>
<text>
determine the
skills and education that are necessary to obtain the employment opportunities
described in subparagraph (A); and
</text>
</subparagraph>
<subparagraph id="HEE130BF72E4845C6B3CCC912DF20257C">
<enum>
(C)
</enum>
<text>
determine the type
or types of career and technical education and training that will be
implemented at the center to enable the enrollees to obtain the employment
opportunities; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HDE027EFDEC59432CB4B3384D96B48A65">
<enum>
(2)
</enum>
<text>
to meet at least
once a year to reevaluate the labor market information, and other relevant
information, to determine any necessary changes in the career and technical
education and training provided at the
center.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section display-inline="no-display-inline" id="HF143C280E4DF4F1681A991BA65CC5B99">
<enum>
127.
</enum>
<header>
Technical
assistance
</header>
<text display-inline="no-display-inline">
Section 156
(29 U.S.C.
2896) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H16713F0BFCEE445895821CC39E8E962C" style="OLC">
<section id="HE777725EB228463B9C5E63A24EC2C050">
<enum>
156.
</enum>
<header>
Technical
assistance to centers
</header>
<subsection id="HCCD731456C7E4D5CBA131612F6748CBA">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
From the funds
reserved under section 132(a)(3), the Secretary shall provide, directly or
through grants, contracts, or other agreements or arrangements as the Secretary
considers appropriate, technical assistance and training for the Job Corps
program for the purposes of improving program quality.
</text>
</subsection>
<subsection id="H9DE5A5C30FA9460591FD6E0323573DCE">
<enum>
(b)
</enum>
<header>
Activities
</header>
<text>
In
providing training and technical assistance and for allocating resources for
such assistance, the Secretary shall—
</text>
<paragraph id="H1C20D81C3C4642CA870D62CE298CF229">
<enum>
(1)
</enum>
<text>
assist entities,
including those entities not currently operating a Job Corps center, in
developing the application described in section 147(d);
</text>
</paragraph>
<paragraph id="HA903581BB74D4AB8B7A054511DEABD5B">
<enum>
(2)
</enum>
<text>
assist Job Corps
centers and programs in correcting deficiencies and violations under this
subtitle;
</text>
</paragraph>
<paragraph id="HB90D019F54D44BFCA02EC40B1F917A10">
<enum>
(3)
</enum>
<text>
assist Job Corps
centers and programs in meeting or exceeding the indicators of performance
described in paragraph (1) and (2) of section 159(c); and
</text>
</paragraph>
<paragraph id="HC5CE728AEDCB453C8D1B2AED873447AD">
<enum>
(4)
</enum>
<text>
assist Job Corps
centers and programs in the development of sound management practices,
including financial management
procedures.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H6D43892D9C674F38AA676427D008E323">
<enum>
128.
</enum>
<header>
Special
provisions
</header>
<text display-inline="no-display-inline">
Section 158(c)(1)
(29 U.S.C.
2989(c)(1)) is amended by striking
<quote>
title II of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et
seq.)
</quote>
and inserting
<quote>
chapter of 5 title 40,
United States Code,
</quote>
.
</text>
</section>
<section id="H82B43D0F04D5409F88956FD22CD3F703">
<enum>
129.
</enum>
<header>
Performance
accountability management
</header>
<text display-inline="no-display-inline">
Section 159 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2899">
29 U.S.C. 2899
</external-xref>
) is amended—
</text>
<paragraph id="H295FF7E6F90C4223ACFD3D498F527E0A">
<enum>
(1)
</enum>
<text>
in the section
heading, by striking
<quote>
<header-in-text level="section" style="OLC">
Management Information
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
Performance Accountability
and Management
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="HDB0290087B984BD0AD011D68322FB058">
<enum>
(2)
</enum>
<text>
in subsection
(a)(3), by inserting before the period at the end the following:
<quote>
, or
operating costs for such centers result in a budgetary shortfall
</quote>
;
</text>
</paragraph>
<paragraph id="H4EFC03BDC0224112A1B967B13628E5C3">
<enum>
(3)
</enum>
<text>
by striking
subsections (c) through (g); and
</text>
</paragraph>
<paragraph id="HE8CDA01E48C14C6CA8E12CF4DDF4AE7D">
<enum>
(4)
</enum>
<text>
by inserting after
subsection (b) the following:
</text>
<quoted-block id="H289D73CC8B534E2386349BD5AACAE4ED" style="OLC">
<subsection id="H158B615C79E14D1C9F708D3D562CAAF1">
<enum>
(c)
</enum>
<header>
Indicators of
Performance
</header>
<paragraph id="H64A0FE7A465149F7824645CACD8F3020">
<enum>
(1)
</enum>
<header>
Primary
indicators
</header>
<text>
The annual primary indicators of performance for Job
Corps centers shall include—
</text>
<subparagraph id="H5B44CA84041C40F48DA9B617A93BFB04">
<enum>
(A)
</enum>
<text>
the percentage and
number of enrollees who graduate from the Job Corps center;
</text>
</subparagraph>
<subparagraph id="H33FB01A8564E4605AF1D8EAEA3B2B8A9">
<enum>
(B)
</enum>
<text>
the percentage and
number of graduates who entered unsubsidized employment related to the career
and technical education and training received through the Job Corps center,
except that such calculation shall not include enrollment in education, the
military or volunteer service;
</text>
</subparagraph>
<subparagraph id="H9B35268BDF9E454CBFB83078E7B20F3D">
<enum>
(C)
</enum>
<text>
the percentage and
number of graduates who obtained a recognized postsecondary credential,
including an industry-recognized credential or a registered apprenticeship;
and
</text>
</subparagraph>
<subparagraph id="H8EC947512F0948BF93FCA57256D96621">
<enum>
(D)
</enum>
<text>
the cost per
successful performance outcome, which is calculated by comparing the number of
graduates who were placed in unsubsidized employment or obtained a recognized
credential, including an industry-recognized credential, to total program
costs, including all operations, construction, and administration costs at each
Job Corp center.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1F1507272C0046E8AF4038C6D914A547">
<enum>
(2)
</enum>
<header>
Secondary
indicators
</header>
<text>
The annual secondary indicators of performance for Job
Corps centers shall include—
</text>
<subparagraph id="H812173B919B04B00BD34126CFC10F739">
<enum>
(A)
</enum>
<text>
the percentage and
number of graduates who entered unsubsidized employment not related to the
career and technical education and training received through the Job Corps
center;
</text>
</subparagraph>
<subparagraph id="HAF20A179EDB44134B95789F4943E293A">
<enum>
(B)
</enum>
<text>
the percentage and
number of graduates who entered into postsecondary education;
</text>
</subparagraph>
<subparagraph id="H64A6D3937983476ABEE877580FA451E6">
<enum>
(C)
</enum>
<text>
the percentage and
number of graduates who entered into the military;
</text>
</subparagraph>
<subparagraph id="H9C9D61F01E4E4A3B915A27CF2909707B">
<enum>
(D)
</enum>
<text>
the average wage
of graduates who are in unsubsidized employment—
</text>
<clause id="HAB48D7551C3748538221ECF31B700FB7">
<enum>
(i)
</enum>
<text>
on
the first day of employment; and
</text>
</clause>
<clause id="HEACE532BB89F4C98AF64AB1527CC3832">
<enum>
(ii)
</enum>
<text>
6
months after the first day;
</text>
</clause>
</subparagraph>
<subparagraph id="H7F6786C8468043BEB51C17783088AA7F">
<enum>
(E)
</enum>
<text>
the number and
percentage of graduates who entered unsubsidized employment and were retained
in the unsubsidized employment—
</text>
<clause id="H4707FA78FB434432BD11746C409FFA37">
<enum>
(i)
</enum>
<text>
6
months after the first day of employment; and
</text>
</clause>
<clause id="H619C5AB5427842D687BB4A3FE4E481C3">
<enum>
(ii)
</enum>
<text>
12 months after
the first day of employment;
</text>
</clause>
</subparagraph>
<subparagraph id="H2478ACDF9B8541C78C0210B79254BBE4">
<enum>
(F)
</enum>
<text>
the percentage and
number of enrollees compared to the percentage and number of enrollees the
Secretary has established targets in section 145(c)(1);
</text>
</subparagraph>
<subparagraph id="H6A681B7846A54667947D62F619FF6F06">
<enum>
(G)
</enum>
<text>
the cost per
training slot, which is calculated by comparing the program’s maximum number of
students that can be enrolled in a Job Corps center at any given time during
the program year to the number of enrollees in the same program year;
and
</text>
</subparagraph>
<subparagraph id="H3D07B8C0BC4A4D33B449B6F2EA731514">
<enum>
(H)
</enum>
<text>
the number and
percentage of former enrollees, including the number dismissed under the zero
tolerance policy described in section 152(b).
</text>
</subparagraph>
</paragraph>
<paragraph id="H78475F2EF1054EE0A0828E6B71E28D4B">
<enum>
(3)
</enum>
<header>
Indicators of
performance for recruiters
</header>
<text>
The annual indicators of performance
for recruiters shall include the measurements described in subparagraph (A) of
paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2).
</text>
</paragraph>
<paragraph id="H2EDCF210A1644FD888494389CEFD7B33">
<enum>
(4)
</enum>
<header>
Indicators of
performance of career transition service providers
</header>
<text>
The annual
indicators of performance of career transition service providers shall include
the measurements described in subparagraphs (B) and (C) of paragraph (1) and
subparagraphs, (B), (C), (D), and (E) of paragraph (2).
</text>
</paragraph>
</subsection>
<subsection id="H035906685AF94CE28E197A8A25353CB3">
<enum>
(d)
</enum>
<header>
Additional
information
</header>
<text>
The Secretary shall collect, and submit in the report
described in subsection (f), information on the performance of each Job Corps
center, and the Job Corps program, regarding—
</text>
<paragraph id="H56F6341973794432B42B72761039E707">
<enum>
(1)
</enum>
<text>
the number and
percentage of former enrollees who obtained a regular secondary school
diploma;
</text>
</paragraph>
<paragraph id="H2AE2A07E39AE4D0C9B35C717FD497504">
<enum>
(2)
</enum>
<text>
the number and
percentage of former enrollees who entered unsubsidized employment;
</text>
</paragraph>
<paragraph id="H259CBB5013A044C0A42A74DF5C2A1DD6">
<enum>
(3)
</enum>
<text>
the number and
percentage of former enrollees who obtained a recognized postsecondary
credential, including an industry-recognized credential;
</text>
</paragraph>
<paragraph id="HB83283614C514B25A306B813C6982EED">
<enum>
(4)
</enum>
<text>
the number and
percentage of former enrollees who entered into military service; and
</text>
</paragraph>
<paragraph id="H547D6EC7FD854E34B972865E0302F1FD">
<enum>
(5)
</enum>
<text>
any additional
information required by the Secretary.
</text>
</paragraph>
</subsection>
<subsection id="H07FD820BA17844318801E453DAEF550D">
<enum>
(e)
</enum>
<header>
Methods
</header>
<text>
The
Secretary shall collect the information described in subsections (c) and (d),
using methods described in section 136(i)(2) and consistent with State law, by
entering into agreements with the States to access such data for Job Corps
enrollees, former enrollees, and graduates.
</text>
</subsection>
<subsection id="H500AB87295EF4C2EB9C76B31A454B53D">
<enum>
(f)
</enum>
<header>
Transparency and
accountability
</header>
<paragraph id="HFF82BCB08A1E45A1B29B8F5077887D8A">
<enum>
(1)
</enum>
<header>
Report
</header>
<text display-inline="yes-display-inline">
The Secretary shall collect and annually
submit to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor and Pensions of
the Senate, and make available to the public by electronic means, a report
containing—
</text>
<subparagraph id="HC50318815DBF4421AA02F12F6183CFFB">
<enum>
(A)
</enum>
<text>
information on the
performance of each Job Corps center, and the Job Corps program, on the
performance indicators described in paragraphs (1) and (2) of subsection
(c);
</text>
</subparagraph>
<subparagraph id="HDF77EA11FE9C401AA0792E80CBF9D901">
<enum>
(B)
</enum>
<text>
a comparison of
each Job Corps center, by rank, on the performance indicators described in
paragraphs (1) and (2) of subsection (c);
</text>
</subparagraph>
<subparagraph id="HF05998B016D7486284C1587924DFD758">
<enum>
(C)
</enum>
<text>
a comparison of
each Job Corps center, by rank, on the average performance of all primary
indicators described in paragraph (1) of subsection (c);
</text>
</subparagraph>
<subparagraph id="H7C81FAEAF13643BF861433C7C80A6C3F">
<enum>
(D)
</enum>
<text>
information on the
performance of the service providers described in paragraphs (3) and (4) of
subsection (c) on the performance indicators established under such paragraphs;
and
</text>
</subparagraph>
<subparagraph id="HFB15B0F4C4664565A866172EDCF99458">
<enum>
(E)
</enum>
<text>
a comparison of
each service provider, by rank, on the performance of all service providers
described in paragraphs (3) and (4) of subsection (c) on the performance
indicators established under such paragraphs.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3C9F3C6EA5C046708F93C488DA00FA7A">
<enum>
(2)
</enum>
<header>
Assessment
</header>
<text>
The
Secretary shall conduct an annual assessment of the performance of each Job
Corps center which shall include information on the Job Corps centers
that—
</text>
<subparagraph id="H85CD7956B9334B3BAD3232A8C18B00C1">
<enum>
(A)
</enum>
<text>
are ranked in the
bottom 10 percent on the performance indicator described in paragraph (1)(C);
or
</text>
</subparagraph>
<subparagraph id="H228F1BF999084787A9F02D41E51C9CA7">
<enum>
(B)
</enum>
<text>
have failed a
safety and health code review described in subsection (g).
</text>
</subparagraph>
</paragraph>
<paragraph id="HBA07245830E14CDF8596B2FFB65F808C">
<enum>
(3)
</enum>
<header>
Performance
improvement
</header>
<text>
With respect to a Job Corps center that is identified
under paragraph (2) or reports less than 50 percent on the performance
indicators described in subparagraph (A), (B), or (C) of subsection (c)(1), the
Secretary shall develop and implement a 1 year performance improvement plan.
Such a plan shall require action including—
</text>
<subparagraph id="H18DD34CD67ED4E11948913FB0B1E4951">
<enum>
(A)
</enum>
<text>
providing
technical assistance to the center;
</text>
</subparagraph>
<subparagraph id="H8F850035B010405896CDCE22A1F3F55F">
<enum>
(B)
</enum>
<text>
changing the
management staff of the center;
</text>
</subparagraph>
<subparagraph id="HF68EDAAAD1D144A3A6D4977E633479FB">
<enum>
(C)
</enum>
<text>
replacing the
operator of the center;
</text>
</subparagraph>
<subparagraph id="H8E2556D0C61D41A6AC42C2A741B01CDB">
<enum>
(D)
</enum>
<text>
reducing the
capacity of the center; or
</text>
</subparagraph>
<subparagraph id="H4C1DD5787A3F4E40BAFDF41CFABD44B4">
<enum>
(E)
</enum>
<text>
closing the
center.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF523EC05E860412CAD3BF5BCC08DC30C">
<enum>
(4)
</enum>
<header>
Closure of job
corps centers
</header>
<text display-inline="yes-display-inline">
Job Corps
centers that have been identified under paragraph (2) for more than 4
consecutive years shall be closed. The Secretary shall ensure—
</text>
<subparagraph id="H2FBFE94E5BBA402CBADDD6DDEC62EB79">
<enum>
(A)
</enum>
<text>
that the proposed
decision to close the center is announced in advance to the general public
through publication in the Federal Register and other appropriate means;
and
</text>
</subparagraph>
<subparagraph id="HC7EF5549D49947639A2FA6F685D47BD1">
<enum>
(B)
</enum>
<text>
the establishment
of a reasonable comment period, not to exceed 30 days, for interested
individuals to submit written comments to the Secretary.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HFF58AE2535524680B6A97D6788FE48B0">
<enum>
(g)
</enum>
<header>
Participant
health and safety
</header>
<text>
The Secretary shall enter into an agreement
with the General Services Administration or the appropriate State agency
responsible for inspecting public buildings and safeguarding the health of
disadvantaged students, to conduct an in-person review of the physical
condition and health-related activities of each Job Corps center annually. Such
review shall include a passing rate of occupancy under Federal and State
ordinances.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
<subtitle id="HADACCEA7E216461C93489C20A2F65440">
<enum>
D
</enum>
<header>
National
Programs
</header>
<section id="H4967A94EEC7D4F529C6206FE1B68EBBE">
<enum>
130.
</enum>
<header>
Technical
assistance
</header>
<text display-inline="no-display-inline">
Section 170
(29 U.S.C.
2915) is amended—
</text>
<paragraph id="HAB38844B1CAC49A1B93663AD44E48612">
<enum>
(1)
</enum>
<text>
by striking
subsection (b);
</text>
</paragraph>
<paragraph id="H57715AD0ACF043309D3A4234E51CBDCE">
<enum>
(2)
</enum>
<text>
by
striking:
</text>
<quoted-block id="H6EA6F0B70BC549D4B2FA462BFA90AB7A" style="OLC">
<subsection id="HBBDCA6A5C4624E01B5F87E7B3EB606BD">
<enum>
(a)
</enum>
<header>
General
technical
assistance
</header>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H2183E61D93F948B5B154B16920F6563C">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
by redesignating paragraphs (1), (2), and
(3) as subsections (a), (b), and (c) respectively, and moving such subsections
2 ems to the left, and conforming the casing style of the headings of such
subsections to the casing style of the heading of subsection (d), as added by
paragraph (7) of this section;
</text>
</paragraph>
<paragraph id="H3DD5057700A74CDA9CD087806EBC4354">
<enum>
(4)
</enum>
<text>
in subsection (a)
(as so redesignated)—
</text>
<subparagraph id="H323975BCBCE84986BF9B6E4329F6299F">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
the training of staff providing rapid response services, the training of
other staff of recipients of funds under this title, assistance regarding
accounting and program operation practices (when such assistance would not be
duplicative to assistance provided by the State), technical assistance to
States that do not meet State performance measures described in section
136,
</quote>
after
<quote>
localities,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H074714DE7A284E7E82A887925004DF22">
<enum>
(B)
</enum>
<text>
by striking
<quote>
from carrying out activities
</quote>
and all that follows up to the
period and inserting
<quote>
to implement the amendments made by the SKILLS
Act
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HC45EAF187CE1419A954EBEA0100457A9">
<enum>
(5)
</enum>
<text>
in subsection (b)
(as so redesignated)—
</text>
<subparagraph id="H173A7EE00B4B401D8E99B493D9B219C1">
<enum>
(A)
</enum>
<text>
by striking
<quote>
paragraph (1)
</quote>
and inserting
<quote>
subsection
(a)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H12F95796AE5E44E6A8E5ADC4814BC12B">
<enum>
(B)
</enum>
<text>
by striking
<quote>
, or recipient of financial assistance under any of sections 166 through
169,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H338DB422E16D4C159D3DD413A6D88905">
<enum>
(C)
</enum>
<text>
by striking
<quote>
or grant recipient
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H9BBF785046DD4F8888AD717F199DFF86">
<enum>
(6)
</enum>
<text>
in subsection (c)
(as so redesignated), by striking
<quote>
paragraph (1)
</quote>
and inserting
<quote>
subsection (a)
</quote>
; and
</text>
</paragraph>
<paragraph id="H0FA7BDD93ACA467F87127263E256A538">
<enum>
(7)
</enum>
<text>
by inserting,
after subsection (c) (as so redesignated), the following:
</text>
<quoted-block id="H7B0A62B590594F358F5267E6A9875ADC" style="OLC">
<subsection id="H61B344528733423C81BD529F69003767">
<enum>
(d)
</enum>
<header>
Best practices
coordination
</header>
<text>
The Secretary shall—
</text>
<paragraph id="H14187B92C20A43A5B178A64DD3C9ACE8">
<enum>
(1)
</enum>
<text>
establish a system
through which States may share information regarding best practices with regard
to the operation of workforce investment activities under this Act; and
</text>
</paragraph>
<paragraph id="H72892BEEB9A944E98E89CA9297111606">
<enum>
(2)
</enum>
<text>
evaluate and
disseminate information regarding best practices and identify knowledge
gaps.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H895E6A492D6D481C81A0E6DDD44FC145">
<enum>
131.
</enum>
<header>
Evaluations
</header>
<text display-inline="no-display-inline">
Section 172 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2917">
29 U.S.C. 2917
</external-xref>
) is amended—
</text>
<paragraph id="H024F23932DCD4A3A8367A7ECF21EFD7E">
<enum>
(1)
</enum>
<text>
in subsection (a),
by striking
<quote>
the Secretary shall provide for the continuing evaluation of
the programs and activities, including those programs and activities carried
out under section 171
</quote>
and inserting
<quote>
the Secretary, through
grants, contracts, or cooperative agreements, shall conduct, at least once
every 5 years, an independent evaluation of the programs and activities funded
under this Act
</quote>
;
</text>
</paragraph>
<paragraph id="H47A4073702AE46C188AE8A62283C60AF">
<enum>
(2)
</enum>
<text>
in subsection
(a)(4) is amended to read as follows:
</text>
<quoted-block id="H67AC1F72B30240C1BAD352D507A1D46B" style="OLC">
<paragraph id="H8EB3BB6F736C45F5B8AB2BDE860428A1">
<enum>
(4)
</enum>
<text>
the impact of
receiving services and not receiving services under such programs and
activities on the community, businesses, and
individuals;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H78BF9BE1F007469F834311C46DEFB361">
<enum>
(3)
</enum>
<text>
in subsection (c)
is amended to read as follows:
</text>
<quoted-block id="HD16267A788D44E509D00828AF3FEF8C4" style="OLC">
<subsection id="H2131261313C74DF3A6CB7C36427E3A0F">
<enum>
(c)
</enum>
<header>
Techniques
</header>
<text>
Evaluations
conducted under this section shall utilize appropriate and rigorous methodology
and research designs, including the use of control groups chosen by scientific
random assignment methodologies, quasi-experimental methods, impact analysis
and the use of administrative data. The Secretary shall conduct an impact
analysis, as described in subsection (a)(4), of the formula grant program under
subtitle B not later than 2015, and thereafter shall conduct such an analysis
not less than once every four
years.
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H9E6C9BE84F6649878212D596A68695E9">
<enum>
(4)
</enum>
<text>
in subsection (e)
is amended by striking
<quote>
the Committee on Labor and Human Resources of the
Senate
</quote>
and inserting
<quote>
the Committee on Health, Education, Labor,
and Pensions of the Senate
</quote>
;
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="HB04F0CEEE83C4A7FAA5A43254838E744">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
by redesignating subsection (f) as
subsection (g) and inserting after subsection (e) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA74BFF37F67C43748D737607B666B942" style="OLC">
<subsection id="H0970F21404E0413D979767FC57E299A2">
<enum>
(f)
</enum>
<header>
Reduction of
amounts authorized to be appropriated for late reporting
</header>
<text display-inline="yes-display-inline">
If a report required to be transmitted to
Congress under this section is not transmitted on or before the time period
specified for that report, amounts authorized to be appropriated under this
title shall be reduced by 10 percent for the fiscal year that begins after the
date on which the final report required under this section is required to be
transmitted and reduced by an additional 10 percent each subsequent fiscal year
until each such report is transmitted to
Congress.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H6DBB1732C09843659A9BF3EA37BE3E02">
<enum>
(6)
</enum>
<text>
by adding at the
end, the following:
</text>
<quoted-block id="HC40E1D2F4AFA426A99E78CB91165B772" style="OLC">
<subsection id="HBFE02AD3B84D44158B9A6A711DCE9182">
<enum>
(h)
</enum>
<header>
Public
availability
</header>
<text>
The results of the evaluations conducted under this
section shall be made publicly available, including by posting such results on
the Department’s
website.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
<subtitle id="HBBED5F1FC62046B99C8A15FAF9B021B5">
<enum>
E
</enum>
<header>
Administration
</header>
<section id="H6B91742129D24CD994D260707E12DEB4">
<enum>
132.
</enum>
<header>
Requirements
and restrictions
</header>
<text display-inline="no-display-inline">
Section 181
(29 U.S.C.
2931) is amended—
</text>
<paragraph id="H7429291ECF0F47B2B6E08AC55E964A9B">
<enum>
(1)
</enum>
<text>
in subsection
(b)(6), by striking
<quote>
, including representatives of businesses and of
labor organizations
</quote>
;
</text>
</paragraph>
<paragraph id="H072D860D616A4FF3810ECED121F14188">
<enum>
(2)
</enum>
<text>
in subsection
(c)(2)(A), in the matter preceding clause (i), by striking
<quote>
shall
</quote>
and inserting
<quote>
may
</quote>
;
</text>
</paragraph>
<paragraph id="HFBD3B3B7D46F4D32B166F505E75D7CAC">
<enum>
(3)
</enum>
<text>
in subsection
(e)—
</text>
<subparagraph id="HE1D572CE61504A7F81FC4CC5D27993AD">
<enum>
(A)
</enum>
<text>
by striking
<quote>
training for
</quote>
and inserting
<quote>
the entry into employment,
retention in employment, or increases in earnings of
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HC4D2FF20F5DB463DBF69D9C0F80D9F9C">
<enum>
(B)
</enum>
<text>
by striking
<quote>
subtitle B
</quote>
and inserting
<quote>
this Act
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H09952DE678514730B514D91D6DCFA30C">
<enum>
(4)
</enum>
<text>
in subsection
(f)(4), by striking
<quote>
134(a)(3)(B)
</quote>
and inserting
<quote>
134(a)(6)
</quote>
; and
</text>
</paragraph>
<paragraph id="H6974E808A77D40F69CAFCC25B0161F63">
<enum>
(5)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4CC7A149D86F44C584B7F7F60E90E14A" style="OLC">
<subsection id="H1F39D7ED80994C13A50B1E328AD99C83">
<enum>
(g)
</enum>
<header>
Salary and bonus
limitation
</header>
<text display-inline="yes-display-inline">
No funds provided
under this title shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct costs or indirect
costs, at a rate in excess of Level II of the Federal Executive Pay Schedule
(5 U.S.C.
5313). This limitation shall not apply to vendors providing
goods and services as defined in OMB Circular A–133. Where States are
recipients of such funds, States may establish a lower limit for salaries and
bonuses of those receiving salaries and bonuses from subrecipients of such
funds, taking into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer the
programs.
</text>
</subsection>
<subsection id="HAA17F22EDA274C7FB94684C5CB872C05">
<enum>
(h)
</enum>
<header>
General
authority
</header>
<paragraph id="HD6D6A2DE7CC14ECD8659290DDBDCE409">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Employment and
Training Administration of the U.S. Department of Labor (hereinafter in this
Act referred to as the
<quote>
Administration
</quote>
) shall administer all
programs authorized under title I and III of this Act. The Administration shall
be headed by an Assistant Secretary appointed by the President by and with the
advice and consent of the Senate. Except for titles II and IV, the
Administration shall be the principal agency, and the Assistant Secretary shall
be the principal officer, of such Department for carrying out this Act.
</text>
</paragraph>
<paragraph id="HB73C1904C8184EC78EED5C634B99C274">
<enum>
(2)
</enum>
<header>
Qualifications
</header>
<text>
The
Assistant Secretary shall be an individual with substantial experience in
workforce development and in workforce development management. The Assistant
Secretary shall also, to the maximum extent possible, possess knowledge and
have worked in or with the State or local workforce investment system or have
been a member of the business community. In the performance of the functions of
the office, the Assistant Secretary shall be directly responsible to the
Secretary or the Under Secretary as designed by the Secretary. The functions of
the Assistant Secretary shall not be delegated to any officer not directly
responsible, both with respect to program operation and administration, to the
Assistant Secretary. Any reference in this Act to duties to be carried out by
the Assistant Secretary shall be considered to be a reference to duties to be
carried out by the Secretary acting through the Assistant
Secretary.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H802BA66F22B8412C80CDE828B2E4B4A1">
<enum>
133.
</enum>
<header>
Prompt
allocation of funds
</header>
<text display-inline="no-display-inline">
Section
182 (29 U.S.C.
2932) is amended—
</text>
<paragraph id="HA11050BD65BB4B5C9C69409651A0E8DC">
<enum>
(1)
</enum>
<text>
in subsection (c),
by striking
<quote>
127 or
</quote>
; and
</text>
</paragraph>
<paragraph id="H9F4FE24A65484752B5F871F75D288DEC">
<enum>
(2)
</enum>
<text>
in subsection
(e)—
</text>
<subparagraph id="HA2BF8A7B2ED3483E8A0A97BA2397BDCC">
<enum>
(A)
</enum>
<text>
by striking
<quote>
sections 128 and 133
</quote>
and inserting
<quote>
section 133
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="H74A9649F426C4E34AB0FC989D76DF219">
<enum>
(B)
</enum>
<text>
by striking
<quote>
127 or
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H3BEE9A571B034DA08DC6E0CB1B922D1A">
<enum>
134.
</enum>
<header>
Fiscal
controls; sanctions
</header>
<text display-inline="no-display-inline">
Section
184(a)(2) (29 U.S.C.
2934(a)(2)) is amended—
</text>
<paragraph id="H602B808DA55A4A3B8EDBC1521337B908">
<enum>
(1)
</enum>
<text>
by striking
<quote>
(A)
</quote>
and all that follows through
<quote>
Each
</quote>
and
inserting
<quote>
Each
</quote>
; and
</text>
</paragraph>
<paragraph id="H78A9A26615E242B9B7035989CD0DFD8D">
<enum>
(2)
</enum>
<text>
by striking
subparagraph (B).
</text>
</paragraph>
</section>
<section id="H5AE9598C7A7041ACB0548F1A477E0D8E">
<enum>
135.
</enum>
<header>
Reports to
Congress
</header>
<text display-inline="no-display-inline">
Section 185
(29 U.S.C.
2935) is amended—
</text>
<paragraph id="HA6DF5092732D49B6802389AA2B751A02">
<enum>
(1)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="HC6C278E8F3574FDD8C2C81540CF94A63">
<enum>
(A)
</enum>
<text>
in paragraph (2),
by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subparagraph>
<subparagraph id="H00099DAB665749C3AE8117F53F11653C">
<enum>
(B)
</enum>
<text>
in paragraph (3),
by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HC088234389D1487A9496C510711EB2DA">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H269A7A95665441A09C0E20F3989C19CD" style="OLC">
<paragraph id="HD96B073468A44E2AB6ECAE30C47128FD">
<enum>
(4)
</enum>
<text>
shall have the
option to submit or disseminate electronically any reports, records, plans, or
any other data that are required to be collected or disseminated under this
title.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HC6BF0FD91D99492489AB1B8D5A47E7D2">
<enum>
(2)
</enum>
<text>
in subsection
(e)(2), by inserting
<quote>
and the Secretary shall submit to the Committee on
Education and the Workforce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate,
</quote>
after
<quote>
Secretary,
</quote>
.
</text>
</paragraph>
</section>
<section id="H2B3FC26128DB463EADC8AD0294AC78DB">
<enum>
136.
</enum>
<header>
Administrative
provisions
</header>
<text display-inline="no-display-inline">
Section 189
(29 U.S.C.
2939) is amended—
</text>
<paragraph id="HB9690F29A8274B6E90DAE24CFBCADEC1">
<enum>
(1)
</enum>
<text>
in subsection
(g)—
</text>
<subparagraph id="HDC4708261A344E1AB15D5135A4620BF6">
<enum>
(A)
</enum>
<text>
by amending
paragraph (1) to read as follows:
</text>
<quoted-block id="H355D50A3E0FF4A23BA2BB305077E757E" style="OLC">
<paragraph id="H95744FE1E0D8492195722AF1B771C03E">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Appropriations for any fiscal year for programs and
activities carried out under this title shall be available for obligation only
on the basis of a program year. The program year shall begin on October 1 in
the fiscal year for which the appropriation is
made.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HBF931D8CEF584DCC8846FB5FB6A1D605">
<enum>
(B)
</enum>
<text>
in paragraph
(2)—
</text>
<clause id="H9F253A14E769498CA5F526405A7E2CDC">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
each State
</quote>
and inserting
<quote>
each recipient
</quote>
;
and
</text>
</clause>
<clause id="HD80C23AB03024EDBB6F2723EAECCF517">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
171 or
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HBF116C3A0B5E4AEDA028BCAAD970BE1B">
<enum>
(2)
</enum>
<text>
in subsection
(i)—
</text>
<subparagraph id="H105B938DC1754DBBB833D185D131E020">
<enum>
(A)
</enum>
<text>
by striking
paragraphs (2) and (3);
</text>
</subparagraph>
<subparagraph id="H2AD25ADD53464C0CB5BD834014AC3B41">
<enum>
(B)
</enum>
<text>
by redesignating
paragraph (4) as paragraph (2);
</text>
</subparagraph>
<subparagraph id="H857B7DAD51AA4E158E48C75FFBE63F38">
<enum>
(C)
</enum>
<text>
by amending
paragraph (2)(A), as so redesignated—
</text>
<clause id="H90A1CFEA447846ADA6119418A03A0890">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
requirements of subparagraph (B)
</quote>
and all that follows
through
<quote>
any of the statutory or regulatory requirements of subtitle
B
</quote>
and inserting
<quote>
requirements of subparagraph (B) or (D), any of
the statutory or regulatory requirements of subtitle B
</quote>
;
</text>
</clause>
<clause id="H010B6A9B828A4C9B899F58858EE2D93E">
<enum>
(ii)
</enum>
<text>
by
striking clause (ii); and
</text>
</clause>
<clause id="H09F69B02B9874FB9865F1C218BA65A4C">
<enum>
(iii)
</enum>
<text>
in
clause (i), by striking
<quote>
; and
</quote>
and inserting a period at the end;
and
</text>
</clause>
</subparagraph>
<subparagraph id="HE9EC0421DB0E4B5C9034290F5D38D85E">
<enum>
(D)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H9D3E0247E7AC4EAD90CDE1AC388C082B" style="OLC">
<subparagraph id="H93BFB0115FED44BDB6E4DA525A063871">
<enum>
(D)
</enum>
<header>
Expedited
process for extending approved waivers to additional states
</header>
<text>
In
lieu of the requirements of subparagraphs (B) and (C), the Secretary may
establish an expedited procedure for the purpose of extending to additional
States the waiver of statutory or regulatory requirements that have been
approved for a State pursuant to a request under subparagraph (B). Such
procedure shall ensure that the extension of such waivers to additional States
are accompanied by appropriate conditions relating the implementation of such
waivers.
</text>
</subparagraph>
<subparagraph id="H2725CF78903B4C77887431E588F6C168">
<enum>
(E)
</enum>
<header>
External
Conditions
</header>
<text>
The Secretary shall not require or impose new or
additional requirements, which are not specified under this Act, on a State in
exchange for providing a waiver to the State or a local area in the State under
this
paragraph.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section id="H21F570E630A44D23A76E1B4E778BD9C4">
<enum>
137.
</enum>
<header>
State
legislative authority
</header>
<text display-inline="no-display-inline">
Section
191(a) (29 U.S.C.
2941(a)) is amended—
</text>
<paragraph id="H7D548E3D2B2644BEAF2462EC1B712CB3">
<enum>
(1)
</enum>
<text>
by striking
<quote>
consistent with the provisions of this title
</quote>
and inserting
<quote>
consistent with State law and the provisions of this title
</quote>
;
and
</text>
</paragraph>
<paragraph id="H064BA6F5ACF4411FB4347B6F3956B40E">
<enum>
(2)
</enum>
<text>
by striking
<quote>
consistent with the terms and conditions required under this
title
</quote>
and inserting
<quote>
consistent with State law and the terms and
conditions required under this title
</quote>
.
</text>
</paragraph>
</section>
<section id="HA1A6EEEEA78B4CDC93F1ADE329DDA594">
<enum>
138.
</enum>
<header>
General program
requirements
</header>
<text display-inline="no-display-inline">
Section 195
(29 U.S.C.
2945) is amended—
</text>
<paragraph id="H4908B7D0653E45F7825622C37D900B89">
<enum>
(1)
</enum>
<text>
in paragraph (7),
by inserting at the end the following:
</text>
<quoted-block id="H99CB25D1C1B34AFB88AA3A9CF1D79439" style="OLC">
<subparagraph id="H588C4FE33B924B62A9DF7CC0B6AA2A23" indent="up1">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
Funds received by a public or private
nonprofit entity that are not described in subparagraph (B), such as funds
privately raised from philanthropic foundations, businesses, or other private
entities, shall not be considered to be income under this title and shall not
be subject to the requirements of this
section.
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H95C33FDF9BFC4EA49974CC63AABCA1F8">
<enum>
(2)
</enum>
<text>
by adding at the
end the following new paragraphs:
</text>
<quoted-block id="H787C42A2318047B9BD6E70018AFB2CAB" style="OLC">
<paragraph id="H5EEB4E3ADDD947ACB9085808BB703B3F">
<enum>
(14)
</enum>
<text>
Funds provided
under this title shall not be used to establish or operate stand-alone
fee-for-service enterprises that compete with private sector employment
agencies within the meaning of section 701(c) of the Civil Rights Act of 1964
(42 U.S.C.
2000e(c)), except that for purposes of this paragraph, such an
enterprise does not include one-stop centers.
</text>
</paragraph>
<paragraph id="H56BD43DA38154931B8A97CE4AF245106">
<enum>
(15)
</enum>
<text>
Any report
required to be submitted to Congress, or to a Committee of Congress, under this
title shall be submitted to both the chairmen and ranking minority members of
the Committee on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the
Senate.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H00C4770F772A4259B0E23B160858D91A">
<enum>
139.
</enum>
<header>
Federal agency
staff and restrictions on political and lobbying activities
</header>
<text display-inline="no-display-inline">
Subtitle E of title I (29 U.S.C. 2931 et
seq.) is amended by adding at the end the following new
sections:
</text>
<quoted-block display-inline="no-display-inline" id="H527C22575A524A4EBEEB284282F7057F" style="OLC">
<section id="HF558C533E1B04F189D85975193D8D068">
<enum>
196.
</enum>
<header>
Federal agency
staff
</header>
<text display-inline="no-display-inline">
The Director of the
Office of Management and Budget shall—
</text>
<paragraph id="H5ACBD99BA5634790AF6F8D5DDE429A3B">
<enum>
(1)
</enum>
<text>
not later than 60
days after the date of the enactment of the SKILLS Act—
</text>
<subparagraph id="H3A88C79BF2CF44CEBCFAB7781D7652C7">
<enum>
(A)
</enum>
<text>
identify the
number of Federal government employees who work on or administer each of the
programs authorized under this Act or repealed under section 401 of the SKILLS
Act, as such programs were in effect on the day before such date of enactment;
and
</text>
</subparagraph>
<subparagraph id="H85D8F8DA13E942A3895C04C8D5DF2AB8">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
identify the number of full-time equivalent
employees who work on or administer each of the programs authorized under this
Act or repealed under section 401 of the SKILLS Act, as such programs were in
effect on the day before such date of enactment, and that have been repealed or
consolidated on or after such date of enactment;
</text>
</subparagraph>
</paragraph>
<paragraph id="HE949BB4883BF430D8794414DE0466DEA">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
not later than 90 after such date of
enactment, publish the information described in paragraph (1) on the Office of
Management and Budget website; and
</text>
</paragraph>
<paragraph id="HCC1FD30E35A1470E84F7A0219306CAAD">
<enum>
(3)
</enum>
<text>
not later than 1
year after such date of enactment—
</text>
<subparagraph id="H035B9FE91E6E40E8BF591216336F2847">
<enum>
(A)
</enum>
<text>
reduce the
workforce of the Federal Government by the number of full-time equivalent
employees identified under paragraph (1)(B); and
</text>
</subparagraph>
<subparagraph id="HBF25427EFF91492EA46CAE1975F7E4AD">
<enum>
(B)
</enum>
<text>
submit to Congress
a report on how the Director carried out the requirements of subparagraph
(A).
</text>
</subparagraph>
</paragraph>
</section>
<section id="HF454007306F64B3EAFBAEDDF6BFD7698">
<enum>
197.
</enum>
<header>
Restrictions on
lobbying and political activities
</header>
<subsection id="HF09638C185D34D21998F4D9BA2E2D66A">
<enum>
(a)
</enum>
<header>
Lobbying
restrictions
</header>
<paragraph id="H6C9B3F4627B04DBCA3FD77BAD7D9AFDE">
<enum>
(1)
</enum>
<header>
Publicity
restrictions
</header>
<subparagraph id="H555E12AF2D4949FBB82CD5AA52E66BA3">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Subject to subparagraph (B), no funds provided under this
Act shall be used or proposed for use, for—
</text>
<clause id="H4C5B58BACCB146ADB1C2D93995FADB0C">
<enum>
(i)
</enum>
<text>
publicity or
propaganda purposes; or
</text>
</clause>
<clause id="HE52BAAC738934782AEE9E803C7288497">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
the preparation, distribution, or use of
any kit, pamphlet, booklet, publication, electronic communication, radio,
television, or video presentation designed to support or defeat the enactment
of legislation before the Congress or any State or local legislature or
legislative body.
</text>
</clause>
</subparagraph>
<subparagraph id="H1F4DFCBEEDD24A01B83A4D9173D25222">
<enum>
(B)
</enum>
<header>
Exception
</header>
<text display-inline="yes-display-inline">
Subparagraph (A) shall not apply to—
</text>
<clause id="H72D31BFF48554EB59C67118567DC4ACB">
<enum>
(i)
</enum>
<text>
normal and
recognized executive-legislative relationships;
</text>
</clause>
<clause id="HC7826B2E8CEF433D9C863DA52E7FD825">
<enum>
(ii)
</enum>
<text>
the preparation,
distribution, or use of the materials described in subparagraph (A)(ii) in
presentation to the Congress or any State or local legislature (except that
this subparagraph does not apply with respect to such preparation,
distribution, or use in presentation to the executive branch of any State or
local government); or
</text>
</clause>
<clause id="HE91A9B3EB5E44A53BD9759192ABD64FA">
<enum>
(iii)
</enum>
<text>
if such
materials are designed to support or defeat any proposed or pending regulation,
administrative action, or order issued by the executive branch of any State or
local government.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HA4C2304A59FD4F3BBE7463373CA744F4">
<enum>
(2)
</enum>
<header>
Salary payment
restriction
</header>
<text display-inline="yes-display-inline">
No funds provided
under this Act shall be used, or proposed for use, to pay the salary or
expenses of any grant or contract recipient, or agent acting for such
recipient, related to any activity designed to influence the enactment of
legislation, appropriations, regulations, administrative action, or executive
order proposed or pending before the Congress or any State government, or State
legislature or local legislature or legislative body, other than for normal and
recognized executive-legislative relationships or participation by an agency or
officer of a State, local, or tribal government in policymaking and
administrative processes within the executive branch of that government.
</text>
</paragraph>
</subsection>
<subsection id="H3E16B7CD968E422EB7AE7F73B0DF0AD3">
<enum>
(b)
</enum>
<header>
Political
restrictions
</header>
<paragraph id="H34A6FB0FD3174729853D3CE5E7AD0E8A">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
No funds received by
a participant of a program or an activity under this Act shall be used
for—
</text>
<subparagraph id="HEBE2FA0A12944606A3D54B965BAB0032">
<enum>
(A)
</enum>
<text>
any partisan or
nonpartisan political activity or any other political activity associated with
a candidate, or contending faction or group, in an election for public or party
office; or
</text>
</subparagraph>
<subparagraph id="HE5AD98F69962485B9B414A2E9445DE7A">
<enum>
(B)
</enum>
<text>
any activity to
provide voters with transportation to the polls or similar assistance in
connection with any such election.
</text>
</subparagraph>
</paragraph>
<paragraph id="H7F8FDFC92C414B179125F881D391EDED">
<enum>
(2)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
For the purposes of this subsection, the
term
<quote>
participant
</quote>
includes any State, local area, or
governmental, nonprofit, or for-profit entity receiving funds under this
Act.
</text>
</paragraph>
<paragraph id="HDB291F2DEB524BD79D615BD2F0FCA97D">
<enum>
(3)
</enum>
<header>
Restriction on
voter registration activities
</header>
<text display-inline="yes-display-inline">
No funds under this Act shall be used to
conduct voter registration
activities.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
<subtitle id="H9947E1BC07E545FCB2A72780400553C5">
<enum>
F
</enum>
<header>
State unified
plan
</header>
<section id="HB0A5EBB03F224A2C8085F979891BA9F4">
<enum>
140.
</enum>
<header>
State unified
plan
</header>
<text display-inline="no-display-inline">
Section 501
(20 U.S.C.
9271) is amended—
</text>
<paragraph id="H70AA954C293E4FE4873F9479FAAC771A">
<enum>
(1)
</enum>
<text>
by amending
subsection (a) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H962418DBA76B48F6B5965A77658DB3D0" style="OLC">
<subsection id="H10DCC2A6DD3E43F481A90B5B9BBD2B79">
<enum>
(a)
</enum>
<header>
General
authority
</header>
<text display-inline="yes-display-inline">
The Secretary shall
receive and approve State unified plans developed and submitted under this
section.
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H7ABDCD0877F94F4AAB2ABEE96369AF56">
<enum>
(2)
</enum>
<text>
by amending
subsection (b) to read as follows:
</text>
<quoted-block id="H2E371FA0B567499F89DF15B4C3A856F3" style="OLC">
<subsection id="H37656ECC01214BD0BC5D7071E39DFEB3">
<enum>
(b)
</enum>
<header>
State unified
plan
</header>
<paragraph id="H309AB176563B4C5CABD9150A12F40707">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
A State may develop and submit to the Secretary a State
unified plan for 2 or more of the activities or programs set forth in paragraph
(2). The State unified plan shall cover one or more of the activities set forth
in subparagraphs (A) and (B) of paragraph (2) and may cover one or more of the
activities set forth in subparagraphs (C) through (N) of paragraph (2). For
purposes of this paragraph, the activities and programs described in
subparagraphs (A) and (B) of paragraph (2) shall not be considered to be 2 or
more activities or programs for purposes of the unified plan. Such activities
or programs shall be considered to be 1 activity or program.
</text>
</paragraph>
<paragraph id="H0082C1942A914E5E876FD0E8C7DC0652">
<enum>
(2)
</enum>
<header>
Activities and
programs
</header>
<text>
The activities and programs referred to in paragraph (1)
are as follows:
</text>
<subparagraph id="H1A70C592C0314EE7A3245AD66F90D495">
<enum>
(A)
</enum>
<text>
Programs and
activities authorized under title I.
</text>
</subparagraph>
<subparagraph id="HD7B3270849E84114A6135502C4547D1C">
<enum>
(B)
</enum>
<text>
Programs and
activities authorized under title II.
</text>
</subparagraph>
<subparagraph id="H3129C3C0CF664A6DB7E6C51077121918">
<enum>
(C)
</enum>
<text>
Programs
authorized under the Rehabilitation Act of 1973.
</text>
</subparagraph>
<subparagraph id="H2C496F6AEC3844A08941BD72A73BDA73">
<enum>
(D)
</enum>
<text>
Secondary career
education programs authorized under the Carl D. Perkins Career and Applied
Technology Education Act.
</text>
</subparagraph>
<subparagraph id="H7D07221997604973AB8E168595DA8A14">
<enum>
(E)
</enum>
<text>
Postsecondary
career education programs authorized under the Carl D. Perkins Career and
Applied Technology Education Act.
</text>
</subparagraph>
<subparagraph id="H7ED85E5535A14A55B1970023E1044D59">
<enum>
(F)
</enum>
<text>
Programs and
activities authorized under title II of the Trade Act of 1974.
</text>
</subparagraph>
<subparagraph id="H589E952CCDA946AFB167A126E4222C7C">
<enum>
(G)
</enum>
<text>
National
Apprenticeship Act of 1937.
</text>
</subparagraph>
<subparagraph id="HEB3A469DB6454E78B80C34E8F8C26467">
<enum>
(H)
</enum>
<text>
Programs
authorized under the Community Services Block Grant Act.
</text>
</subparagraph>
<subparagraph id="H7A3F2824AC4344348DEB74F3FA8F8C14">
<enum>
(I)
</enum>
<text>
Programs
authorized under the part A of title IV of the Social Security Act.
</text>
</subparagraph>
<subparagraph id="H95EAAB3353E94D2FBF8B06E0B8707AE1">
<enum>
(J)
</enum>
<text>
Programs
authorized under State unemployment compensation laws (in accordance with
applicable Federal law).
</text>
</subparagraph>
<subparagraph id="HF3AF67F83B9143D1B4C4F9B4D8049C93">
<enum>
(K)
</enum>
<text>
Work programs
authorized under section 6(o) of the Food Stamp Act of 1977.
</text>
</subparagraph>
<subparagraph id="H2C043E2256DB469B872283ED723E6712">
<enum>
(L)
</enum>
<text>
Programs and
activities authorized title I of the Housing and Community Development Act of
1974.
</text>
</subparagraph>
<subparagraph id="H8554090D869F44E3B42F2FD74D8AFBD2">
<enum>
(M)
</enum>
<text>
Programs and
activities authorized under the Public Workers and Economic Development Act of
1965.
</text>
</subparagraph>
<subparagraph id="HD9E414C10A6A4DEFBAA65D5C218CA9EE">
<enum>
(N)
</enum>
<text>
Activities as
defined under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/41">
chapter 41
</external-xref>
of title 38,
United States Code.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HB65387DD6E2C492EA078FC8D0A60EE4D">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
by amending subsection (d) to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="H0B44661F6CF84AE78692F84401208968" style="OLC">
<subsection id="HEC71BEC0E716484EA8E5C0FAC0B4D516">
<enum>
(d)
</enum>
<header>
Approval
</header>
<paragraph id="H9BA6EE7AF92F4D7D83785AFC230FCC28">
<enum>
(1)
</enum>
<header>
Jurisdiction
</header>
<text display-inline="yes-display-inline">
In approving a State unified plan under
this section, the Secretary shall—
</text>
<subparagraph id="H7D6A19C45D84476493A2D356DF5BF2BE">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
submit the portion of the State unified
plan covering an activity or program described in subsection (b)(2) to the head
of the Federal agency who exercises administrative authority over the activity
or program for the approval of such portion by such Federal agency head;
or
</text>
</subparagraph>
<subparagraph id="H0A742855AA9045D1B2693C031F8FEC59">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
coordinate approval of the portion of the
State unified plan covering an activity or program described in subsection
(b)(2) with the head of the Federal agency who exercises administrative
authority over the activity or program.
</text>
</subparagraph>
</paragraph>
<paragraph id="H879B2987877344E797B64AD741D08C4D">
<enum>
(2)
</enum>
<header>
Timeline
</header>
<text display-inline="yes-display-inline">
A State unified plan shall be considered to
be approved by the Secretary at the end of the 90-day period beginning on the
day the Secretary receives the plan, unless the Secretary makes a written
determination, during the 90-day period, that details how the plan is not
consistent with the requirements of the Federal statute authorizing an activity
or program described in subsection (b)(2) and covered under the plan or how the
plan is not consistent with the requirements of subsection
(c)(3).
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H78E72A3C884C46379D75B6D11002FF44">
<enum>
(4)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H282A363B810F41C98DBEEBCB6F789C08" style="OLC">
<subsection id="H24C7C60230C04ABA826F65D400386B96">
<enum>
(e)
</enum>
<header>
Additional
employment and training funds
</header>
<paragraph id="HEF4A8E525A3A4F13856C44AD87653ADB">
<enum>
(1)
</enum>
<header>
Purpose
</header>
<text display-inline="yes-display-inline">
It is the purpose of this subsection to
reduce inefficiencies in the administration of federally-funded State and local
employment and training programs.
</text>
</paragraph>
<paragraph id="H9FC1DA06D286459FA3E0EE98788D75D5">
<enum>
(2)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
In developing a State
unified plan for the activities or programs described in subsection (b)(2) and
subject to paragraph (4) and the State plan approval process under subsection
(d), a State may propose to consolidate the amount, in whole or part, provided
for the activities or programs dedicated to employment and training into the
Workforce Investment Fund under section 132(b) to improve the administration of
State and local employment and training programs.
</text>
</paragraph>
<paragraph id="HAAC37FB636A045E686061AE3DEA48265">
<enum>
(3)
</enum>
<header>
Requirements
</header>
<text display-inline="yes-display-inline">
A State with a State unified plan approved
under subsection (d) for purposes of consolidation under paragraph (2) and that
is carrying out such consolidation shall—
</text>
<subparagraph id="H350CCA68416B415CB97A39BBB718F864">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
continue to meet the program requirements,
limitations, and prohibitions of any Federal statute authorizing the activity
or program consolidated into the Workforce Investment Fund;
</text>
</subparagraph>
<subparagraph id="H0643F8B86A624B298B13B4BED53901CD">
<enum>
(B)
</enum>
<text>
meet the intent
and purpose of the activity or program consolidated into the Workforce
Investment Fund; and
</text>
</subparagraph>
<subparagraph id="H1B6BCA2CBDCF41039A5156F3980902E3">
<enum>
(C)
</enum>
<text>
continue to make
reservations and allotments under subsections (a) and (b) of section
133.
</text>
</subparagraph>
</paragraph>
<paragraph id="HAD4C0567935E4C72B48C0BD72D1D420B">
<enum>
(4)
</enum>
<header>
Exceptions
</header>
<text>
A
State may not consolidate funds under paragraph (2) that are allocated to the
State under—
</text>
<subparagraph id="HBD3FB70C6C6F494684FB2D3D622E918A">
<enum>
(A)
</enum>
<text>
the Carl D.
Perkins Career and Technical Education Act of 2006; or
</text>
</subparagraph>
<subparagraph id="HC5EBC8F175864D99AEE11FBC3C44FCF2">
<enum>
(B)
</enum>
<text>
the Rehabilitation
Act of
1973.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
</title>
<title id="H54B8FA49A3BC44C08334BA6CE746F718">
<enum>
II
</enum>
<header>
ADULT EDUCATION
AND FAMILY LITERACY EDUCATION
</header>
<section id="H376C1BE9D30943789E60ACE96F22AC0F">
<enum>
201.
</enum>
<header>
Amendment
</header>
<text display-inline="no-display-inline">
Title II (
<external-xref legal-doc="usc" parsable-cite="usc/20/2901">
20 U.S.C. 2901 et seq.
</external-xref>
) is amended
to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H95B0299D661848B5913538D04C973093" style="OLC">
<title id="HEB48A6D3839B43B898607F58009C3E0D">
<enum>
II
</enum>
<header>
ADULT EDUCATION
AND FAMILY LITERACY EDUCATION
</header>
<section id="H419C7527361A4584BDD1AF8974647E4F">
<enum>
201.
</enum>
<header>
Short
title
</header>
<text display-inline="no-display-inline">
This title may be cited
as the
<quote>
Adult Education and Family Literacy Education Act
</quote>
.
</text>
</section>
<section id="HCB667B39764149E4A57371B9180C4C8B">
<enum>
202.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
It is the purpose of this title to provide
instructional opportunities for adults seeking to improve their literacy
skills, including their basic reading, writing, speaking, and math skills, and
support States and local communities in providing, on a voluntary basis, adult
education and family literacy education programs, in order to—
</text>
<paragraph id="H53F392F0974E4454B7242DD1E63E603C">
<enum>
(1)
</enum>
<text>
increase the
literacy of adults, including the basic reading, writing, speaking, and math
skills, to a level of proficiency necessary for adults to obtain employment and
self-sufficiency and to successfully advance in the workforce;
</text>
</paragraph>
<paragraph id="H0695E4B5EE3543D59E1B7948B1C15B10">
<enum>
(2)
</enum>
<text>
assist adults in
the completion of a secondary school education (or its equivalent) and the
transition to a postsecondary educational institution;
</text>
</paragraph>
<paragraph id="H45AB17AC106649239407E35CFB8B8433">
<enum>
(3)
</enum>
<text>
assist adults who
are parents to enable them to support the educational development of their
children and make informed choices regarding their children’s education
including, through instruction in basic reading, writing, speaking, and math
skills; and
</text>
</paragraph>
<paragraph id="H126322D3A9544037BAF6D53BB7F158D3">
<enum>
(4)
</enum>
<text>
assist adults who
are not proficient in English in improving their reading, writing, speaking,
listening, comprehension, and math skills.
</text>
</paragraph>
</section>
<section id="HFBD4A4783F4F4A65A0760307F067578C">
<enum>
203.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this title:
</text>
<paragraph id="H21B9B8CD4E384DFF8CE42788A6E5C065">
<enum>
(1)
</enum>
<header>
Adult education
and family literacy education programs
</header>
<text>
The term
<term>
adult
education and family literacy education programs
</term>
means a sequence of
academic instruction and educational services below the postsecondary level
that increase an individual’s ability to read, write, and speak English and
perform mathematical computations leading to a level of proficiency equivalent
to at least a secondary school completion that is provided for
individuals—
</text>
<subparagraph id="H041C69C212794A3A9ADD63344F6C1D57">
<enum>
(A)
</enum>
<text>
who are at least
16 years of age;
</text>
</subparagraph>
<subparagraph id="H0A705855DF9A46CAA8D3F16C7DFA2462">
<enum>
(B)
</enum>
<text>
who are not
enrolled or required to be enrolled in secondary school under State law;
and
</text>
</subparagraph>
<subparagraph id="HCB6A0BAB45C14AEC970F89E3161F6173">
<enum>
(C)
</enum>
<text>
who—
</text>
<clause id="H9B3EFA391C9E4E13B5781757D12CD8A2">
<enum>
(i)
</enum>
<text>
lack sufficient
mastery of basic reading, writing, speaking, and math skills to enable the
individuals to function effectively in society;
</text>
</clause>
<clause id="HCAF2CC115C1542ED9D957F37E434758F">
<enum>
(ii)
</enum>
<text>
do not have a
secondary school diploma or its equivalent and have not achieved an equivalent
level of education; or
</text>
</clause>
<clause id="H8798BF22AF1B4743B2D155C28BBF41E5">
<enum>
(iii)
</enum>
<text>
are English
learners.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HB1E851DC3DB348A4B35EAA6897A2D5D1">
<enum>
(2)
</enum>
<header>
Eligible
agency
</header>
<text>
The term
<term>
eligible agency
</term>
—
</text>
<subparagraph id="HB91BA6428C804AA2AB30D04392EF90F7">
<enum>
(A)
</enum>
<text>
means the primary
entity or agency in a State or an outlying area responsible for administering
or supervising policy for adult education and family literacy education
programs in the State or outlying area, respectively, consistent with the law
of the State or outlying area, respectively; and
</text>
</subparagraph>
<subparagraph id="H4C9107B1F5244DE8B23027AA959B462A">
<enum>
(B)
</enum>
<text>
may be the State
educational agency, the State agency responsible for administering workforce
investment activities, or the State agency responsible for administering
community or technical colleges.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCF7B6863A4E14C709CF6983D95881C6E">
<enum>
(3)
</enum>
<header>
Eligible
provider
</header>
<text>
The term
<term>
eligible provider
</term>
means an
organization of demonstrated effectiveness which is—
</text>
<subparagraph id="HBEDF1120A9624787B05F1D2FF3652CD9">
<enum>
(A)
</enum>
<text>
a local
educational agency;
</text>
</subparagraph>
<subparagraph id="H38A7F9C074C8438FB08DF87DA5034B31">
<enum>
(B)
</enum>
<text>
a community-based
or faith-based organization;
</text>
</subparagraph>
<subparagraph id="H46E3AA121C984576BA244E902322E535">
<enum>
(C)
</enum>
<text>
a volunteer
literacy organization;
</text>
</subparagraph>
<subparagraph id="H6FF2A120D2B44D4198B0320BD80F13C8">
<enum>
(D)
</enum>
<text>
an institution of
higher education;
</text>
</subparagraph>
<subparagraph id="H42F6B6352BE0456DAB63FDAC4D3DABC8">
<enum>
(E)
</enum>
<text>
a public or
private educational agency;
</text>
</subparagraph>
<subparagraph id="HEC1421C5A6C94E24A2C1E6260FCD5D91">
<enum>
(F)
</enum>
<text>
a library;
</text>
</subparagraph>
<subparagraph id="H0C093F023EA64A1BB9557519991115AD">
<enum>
(G)
</enum>
<text>
a public housing
authority;
</text>
</subparagraph>
<subparagraph id="HEEA077E1718940AEB045793ACAD7EDB8">
<enum>
(H)
</enum>
<text>
an institution
that is not described in any of subparagraphs (A) through (G) and has the
ability to provide adult education, basic skills, and family literacy education
programs to adults and families; or
</text>
</subparagraph>
<subparagraph id="HA9B143127B334820AB812BA1BF3A3E57">
<enum>
(I)
</enum>
<text>
a consortium of
the agencies, organizations, institutions, libraries, or authorities described
in any of subparagraphs (A) through (H).
</text>
</subparagraph>
</paragraph>
<paragraph id="HCFD3C0B7BA8B4621BA70B63897684A4D">
<enum>
(4)
</enum>
<header>
English language
acquisition program
</header>
<text>
The term
<term>
English language acquisition
program
</term>
means a program of instruction—
</text>
<subparagraph id="H1555A85D80AA478882AE6711B06AC531">
<enum>
(A)
</enum>
<text>
designed to help
English learners achieve competence in reading, writing, speaking, and
comprehension of the English language; and
</text>
</subparagraph>
<subparagraph id="H5D46D04F33BB40C5838D6E81B4A0BF22">
<enum>
(B)
</enum>
<text>
that may lead
to—
</text>
<clause id="H3F4C187B5FBB4A5DA7E5B73C297F3468">
<enum>
(i)
</enum>
<text>
attainment of a
secondary school diploma or its recognized equivalent;
</text>
</clause>
<clause id="HFBD14BCE22964669BEFA1EB8E8AA62BC">
<enum>
(ii)
</enum>
<text>
transition to
success in postsecondary education and training; and
</text>
</clause>
<clause id="H53072A0931594878B7B725BF7C23A114">
<enum>
(iii)
</enum>
<text>
employment or
career advancement.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HB7496326DC6B41B2BA5B51D9414F3F55">
<enum>
(5)
</enum>
<header>
Family literacy
education program
</header>
<text>
The term
<term>
family literacy education
program
</term>
means an educational program that—
</text>
<subparagraph id="H813604FA113F493086C7CB154C719503">
<enum>
(A)
</enum>
<text>
assists parents
and students, on a voluntary basis, in achieving the purposes of this title as
described in section 202; and
</text>
</subparagraph>
<subparagraph id="HC63DDCFF2A5A47479419B285CD608E4C">
<enum>
(B)
</enum>
<text>
is of sufficient
intensity in terms of hours and of sufficient quality to make sustainable
changes in a family, is evidence-based, and, for the purpose of substantially
increasing the ability of parents and children to read, write, and speak
English, integrates—
</text>
<clause id="H87C212888F02478DB88458AA68F08A93">
<enum>
(i)
</enum>
<text>
interactive
literacy activities between parents and their children;
</text>
</clause>
<clause id="H7F3F0CACECAD44E289B8AB7AE91EBC61">
<enum>
(ii)
</enum>
<text>
training for
parents regarding how to be the primary teacher for their children and full
partners in the education of their children;
</text>
</clause>
<clause id="H6B2E1941036F40EA98516FEF56E5C633">
<enum>
(iii)
</enum>
<text>
parent literacy
training that leads to economic self-sufficiency; and
</text>
</clause>
<clause id="HEE14730F2B61432787DF70BB9712CEF6">
<enum>
(iv)
</enum>
<text>
an
age-appropriate education to prepare children for success in school and life
experiences.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H01BB471A516B4D79915694D46BC6B173">
<enum>
(6)
</enum>
<header>
Governor
</header>
<text>
The
term
<term>
Governor
</term>
means the chief executive officer of a State or
outlying area.
</text>
</paragraph>
<paragraph id="H3A49FCE02FCC41468AF2E236299DA541">
<enum>
(7)
</enum>
<header>
Individual with
a disability
</header>
<subparagraph id="H7F6CDFCE563640E0921881072A00C44E">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The term
<term>
individual with a disability
</term>
means
an individual with any disability (as defined in section 3 of the Americans
with Disabilities Act of 1990).
</text>
</subparagraph>
<subparagraph id="H606F2D893CC34F50B9356131210D0A22">
<enum>
(B)
</enum>
<header>
Individuals with
disabilities
</header>
<text>
The term
<term>
individuals with disabilities
</term>
means more than one individual with a disability.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB7BE451BEDA34B60B2F1219FCB5AE699">
<enum>
(8)
</enum>
<header>
English
learner
</header>
<text>
The term
<term>
English learner
</term>
means an adult or
out-of-school youth who has limited ability in reading, writing, speaking, or
understanding the English language, and—
</text>
<subparagraph id="H9569BB10D96A4F4AA2E583C72554EA3D">
<enum>
(A)
</enum>
<text>
whose native
language is a language other than English; or
</text>
</subparagraph>
<subparagraph id="H2DC34EE725CB4594AA3C151365343930">
<enum>
(B)
</enum>
<text>
who lives in a
family or community environment where a language other than English is the
dominant language.
</text>
</subparagraph>
</paragraph>
<paragraph id="H07946872214F4B4CA882D99AB2EE98F5">
<enum>
(9)
</enum>
<header>
Integrated
Education and Training
</header>
<text display-inline="yes-display-inline">
The
term
<term>
integrated education and training
</term>
means services that provide
adult education and literacy activities contextually and concurrently with
workforce preparation activities and workforce training for a specific
occupation or occupational cluster. Such services may include offering adult
education services concurrent with postsecondary education and training,
including through co-instruction.
</text>
</paragraph>
<paragraph id="H167AC38501594CA9AE8A31EF5E19C197">
<enum>
(10)
</enum>
<header>
Institution of
higher education
</header>
<text>
The term
<term>
institution of higher
education
</term>
has the meaning given the term in section 101 of the Higher
Education Act of 1965.
</text>
</paragraph>
<paragraph id="H6EBA2A8504434E52A9A1B36374A9BA70">
<enum>
(11)
</enum>
<header>
Literacy
</header>
<text>
The
term
<term>
literacy
</term>
means an individual’s ability to read, write, and
speak in English, compute, and solve problems at a level of proficiency
necessary to obtain employment and to successfully make the transition to
postsecondary education.
</text>
</paragraph>
<paragraph id="HDFE1B566994148C8BDC6880706E80DB1">
<enum>
(12)
</enum>
<header>
Local
educational agency
</header>
<text>
The term
<term>
local educational agency
</term>
has the meaning given the term in section 9101 of the Elementary and Secondary
Education Act of 1965.
</text>
</paragraph>
<paragraph id="HFE139BE2F7064DC5B2B43DA57689DA73">
<enum>
(13)
</enum>
<header>
Outlying
area
</header>
<text>
The term
<term>
outlying area
</term>
has the meaning given
the term in section 101 of this Act.
</text>
</paragraph>
<paragraph id="HD788D3903F5E48D9AA057D5C333B6976">
<enum>
(14)
</enum>
<header>
Postsecondary
educational institution
</header>
<text>
The term
<term>
postsecondary educational
institution
</term>
means—
</text>
<subparagraph id="H7079352C949F451C89E67FFE7D56E10D">
<enum>
(A)
</enum>
<text>
an institution of
higher education that provides not less than a 2-year program of instruction
that is acceptable for credit toward a bachelor’s degree;
</text>
</subparagraph>
<subparagraph id="H0BD76F8EE27044CF82181D680D7E971E">
<enum>
(B)
</enum>
<text>
a tribally
controlled community college; or
</text>
</subparagraph>
<subparagraph id="HBCA2C56E8C294BCBADC3F1CE8EE6EFA3">
<enum>
(C)
</enum>
<text>
a nonprofit
educational institution offering certificate or apprenticeship programs at the
postsecondary level.
</text>
</subparagraph>
</paragraph>
<paragraph id="H4F1E587862CF48368846DD613FD23DD9">
<enum>
(15)
</enum>
<header>
Secretary
</header>
<text>
The
term
<term>
Secretary
</term>
means the Secretary of Education.
</text>
</paragraph>
<paragraph id="H9DE4AC59528C455C8C9069EC20C1B72C">
<enum>
(16)
</enum>
<header>
State
</header>
<text>
The
term
<term>
State
</term>
means each of the several States of the United States,
the District of Columbia, and the Commonwealth of Puerto Rico.
</text>
</paragraph>
<paragraph id="HD8398EE6A3D24CC3938F8A6A51C71340">
<enum>
(17)
</enum>
<header>
State
educational agency
</header>
<text>
The term
<term>
State educational agency
</term>
has the meaning given the term in section 9101 of the Elementary and Secondary
Education Act of 1965.
</text>
</paragraph>
<paragraph id="H4E38DA6424C0447BA676446FF4B3293B">
<enum>
(18)
</enum>
<header>
Workplace
literacy program
</header>
<text>
The term
<term>
workplace literacy program
</term>
means an educational program that is offered in collaboration between eligible
providers and employers or employee organizations for the purpose of improving
the productivity of the workforce through the improvement of reading, writing,
speaking, and math skills.
</text>
</paragraph>
</section>
<section id="HB9E7DD3C9347428C82532885684DD37C">
<enum>
204.
</enum>
<header>
Home
schools
</header>
<text display-inline="no-display-inline">
Nothing in this title
shall be construed to affect home schools, whether or not a home school is
treated as a home school or a private school under State law, or to compel a
parent engaged in home schooling to participate in adult education and family
literacy education activities under this title.
</text>
</section>
<section id="H46FD6889E1AF4BD5B60E2A198E479E7B">
<enum>
205.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
There are
authorized to be appropriated to carry out this title, $606,294,933 for fiscal
years 2014 and for each of the 6 succeeding fiscal years.
</text>
</section>
<subtitle id="H6319370BFA3F454FA990AEFE20001CBB">
<enum>
A
</enum>
<header>
Federal
Provisions
</header>
<section id="H6C906A5E63074979982C11104F5D2465">
<enum>
211.
</enum>
<header>
Reservation of
funds; grants to eligible agencies; allotments
</header>
<subsection id="H30685D5D5279411EB1CE208522439A67">
<enum>
(a)
</enum>
<header>
Reservation of
funds
</header>
<text>
From the sums appropriated under section 205 for a fiscal
year, the Secretary shall reserve 2.0 percent to carry out section 242.
</text>
</subsection>
<subsection id="HF38C3E74A3D34FC59193B6D9F811CBAD">
<enum>
(b)
</enum>
<header>
Grants to
eligible agencies
</header>
<paragraph id="H2415587D94FE4CF992F5D3B5AD0523EA">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
From the sums appropriated under section 205 and not
reserved under subsection (a) for a fiscal year, the Secretary shall award a
grant to each eligible agency having a State plan approved under section 224 in
an amount equal to the sum of the initial allotment under subsection (c)(1) and
the additional allotment under subsection (c)(2) for the eligible agency for
the fiscal year, subject to subsections (f) and (g).
</text>
</paragraph>
<paragraph id="HBB4A2AF7046E42299E295B71AEC05EFC">
<enum>
(2)
</enum>
<header>
Purpose of
grants
</header>
<text>
The Secretary may award a grant under paragraph (1) only
if the eligible agency involved agrees to expend the grant in accordance with
the provisions of this title.
</text>
</paragraph>
</subsection>
<subsection id="H85A584EBB9DA4FB698F84D71651049C2">
<enum>
(c)
</enum>
<header>
Allotments
</header>
<paragraph id="HC5A24B25BBD147E98EDE7CAA8975F09A">
<enum>
(1)
</enum>
<header>
Initial
allotments
</header>
<text>
From the sums appropriated under section 205 and not
reserved under subsection (a) for a fiscal year, the Secretary shall allot to
each eligible agency having a State plan approved under section 224—
</text>
<subparagraph id="H94D06F4F6730430CB3BABAE6CFBF36F5">
<enum>
(A)
</enum>
<text>
$100,000, in the
case of an eligible agency serving an outlying area; and
</text>
</subparagraph>
<subparagraph id="H6175E35EBC514C6F9A56B61A97DAA997">
<enum>
(B)
</enum>
<text>
$250,000, in the
case of any other eligible agency.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA219918859384A2FB3A23A69268AE46E">
<enum>
(2)
</enum>
<header>
Additional
allotments
</header>
<text>
From the sums appropriated under section 205, not
reserved under subsection (a), and not allotted under paragraph (1), for a
fiscal year, the Secretary shall allot to each eligible agency that receives an
initial allotment under paragraph (1) an additional amount that bears the same
relationship to such sums as the number of qualifying adults in the State or
outlying area served by the eligible agency bears to the number of such adults
in all States and outlying areas.
</text>
</paragraph>
</subsection>
<subsection id="H5D7B473178F146E5A508905C7CEA742F">
<enum>
(d)
</enum>
<header>
Qualifying
adult
</header>
<text>
For the purpose of subsection (c)(2), the term
<term>
qualifying adult
</term>
means an adult who—
</text>
<paragraph id="HD0748A17420A412C8FD75A3709039A56">
<enum>
(1)
</enum>
<text>
is at least 16
years of age;
</text>
</paragraph>
<paragraph id="HEC73D9FF3D1647B5BBE4535F6673D16A">
<enum>
(2)
</enum>
<text>
is beyond the age
of compulsory school attendance under the law of the State or outlying
area;
</text>
</paragraph>
<paragraph id="H874ACEACD6164A4BBAE53990A306B882">
<enum>
(3)
</enum>
<text>
does not have a
secondary school diploma or its recognized equivalent; and
</text>
</paragraph>
<paragraph id="H3A5DA20AD11B4732A8A02F6E26BB0CCE">
<enum>
(4)
</enum>
<text>
is not enrolled in
secondary school.
</text>
</paragraph>
</subsection>
<subsection id="H294E560BF9F54BDF839821E6D56FBD31">
<enum>
(e)
</enum>
<header>
Special
rule
</header>
<paragraph id="HA10149BF8B8440E9803E4A23476046B9">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
From amounts made available under subsection (c) for the
Republic of Palau, the Secretary shall award grants to Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to
carry out activities described in this title in accordance with the provisions
of this title as determined by the Secretary.
</text>
</paragraph>
<paragraph id="H61D2787D7092443297ABE4C88C426214">
<enum>
(2)
</enum>
<header>
Termination of
eligibility
</header>
<text>
Notwithstanding any other provision of law, the
Republic of Palau shall be eligible to receive a grant under this title until
an agreement for the extension of United States education assistance under the
Compact of Free Association for the Republic of Palau becomes effective.
</text>
</paragraph>
</subsection>
<subsection id="H69EE654719984F5799737324BCFABD62">
<enum>
(f)
</enum>
<header>
Hold-Harmless
provisions
</header>
<paragraph id="H2ED4292500424203A37A8E3653B3A169">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Notwithstanding subsection (c) and subject to paragraph
(2), for—
</text>
<subparagraph id="H2D786E17FED843668D0A52AB13A42EF7">
<enum>
(A)
</enum>
<text>
fiscal year 2014,
no eligible agency shall receive an allotment under this title that is less
than 90 percent of the allotment the eligible agency received for fiscal year
2012 under this title; and
</text>
</subparagraph>
<subparagraph id="H22F873B21C854C8FB2580579FDC96E5E">
<enum>
(B)
</enum>
<text>
fiscal year 2015
and each succeeding fiscal year, no eligible agency shall receive an allotment
under this title that is less than 90 percent of the allotment the eligible
agency received for the preceding fiscal year under this title.
</text>
</subparagraph>
</paragraph>
<paragraph id="H94B3E65EEC6F417B9CD9E54E70B43D92">
<enum>
(2)
</enum>
<header>
Ratable
reduction
</header>
<text>
If, for any fiscal year the amount available for
allotment under this title is insufficient to satisfy the provisions of
paragraph (1), the Secretary shall ratable reduce the payments to all eligible
agencies, as necessary.
</text>
</paragraph>
</subsection>
<subsection id="H0B9F9F7E1D364A31B5AA9365DB6E2DA9">
<enum>
(g)
</enum>
<header>
Reallotment
</header>
<text>
The
portion of any eligible agency’s allotment under this title for a fiscal year
that the Secretary determines will not be required for the period such
allotment is available for carrying out activities under this title, shall be
available for reallotment from time to time, on such dates during such period
as the Secretary shall fix, to other eligible agencies in proportion to the
original allotments to such agencies under this title for such year.
</text>
</subsection>
</section>
<section id="H91C922CA809943A4ABC7322D8A95AA8D">
<enum>
212.
</enum>
<header>
Performance
accountability system
</header>
<text display-inline="no-display-inline">
Programs
and activities authorized under this title are subject to the performance
accountability provisions described in paragraph (2)(A) and (3) of section
136(b) and may, at a State’s discretion, include additional indicators
identified in the State plan approved under section 224.
</text>
</section>
</subtitle>
<subtitle id="H55C662BE2F9C4515978F2DAC6FF00DA4">
<enum>
B
</enum>
<header>
State
Provisions
</header>
<section id="H69C9BD5A9EC94E839CA07F065780D33F">
<enum>
221.
</enum>
<header>
State
administration
</header>
<text display-inline="no-display-inline">
Each eligible
agency shall be responsible for the following activities under this
title:
</text>
<paragraph id="HA8596A3FD3FD490AB283C77A35C4DA17">
<enum>
(1)
</enum>
<text>
The development,
submission, implementation, and monitoring of the State plan.
</text>
</paragraph>
<paragraph id="HD7AC06B519654C2F8CB780E079EC7EF9">
<enum>
(2)
</enum>
<text>
Consultation with
other appropriate agencies, groups, and individuals that are involved in, or
interested in, the development and implementation of activities assisted under
this title.
</text>
</paragraph>
<paragraph id="H5013379E423448A3BBF9BE912919F77A">
<enum>
(3)
</enum>
<text>
Coordination and
avoidance of duplication with other Federal and State education, training,
corrections, public housing, and social service programs.
</text>
</paragraph>
</section>
<section id="H15588318BBE0496BA8DFD3AD04B30B04">
<enum>
222.
</enum>
<header>
State
distribution of funds; matching requirement
</header>
<subsection id="H842BF421BD644C02849ACAFDB26E6BF7">
<enum>
(a)
</enum>
<header>
State
distribution of funds
</header>
<text>
Each eligible agency receiving a grant
under this title for a fiscal year—
</text>
<paragraph id="H68ECC1ACC33A4659AE245D3AB850E47D">
<enum>
(1)
</enum>
<text>
shall use an
amount not less than 82.5 percent of the grant funds to award grants and
contracts under section 231 and to carry out section 225, of which not more
than 10 percent of such amount shall be available to carry out section
225;
</text>
</paragraph>
<paragraph id="H213F966F09ED47E1BB8FF0F1AEF82ED1">
<enum>
(2)
</enum>
<text>
shall use not more
than 12.5 percent of the grant funds to carry out State leadership activities
under section 223; and
</text>
</paragraph>
<paragraph id="H2EC2B0E522D34BAB904FBF43F6C41F9A">
<enum>
(3)
</enum>
<text>
shall use not more
than 5 percent of the grant funds, or $65,000, whichever is greater, for the
administrative expenses of the eligible agency.
</text>
</paragraph>
</subsection>
<subsection id="H36BC7DE82DE244F58E7F8471424AAFDA">
<enum>
(b)
</enum>
<header>
Matching
requirement
</header>
<paragraph id="H711C1308A0D24009BDE3F2D50C2FFA6A">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In order to receive a grant from the Secretary under
section 211(b), each eligible agency shall provide, for the costs to be
incurred by the eligible agency in carrying out the adult education and family
literacy education programs for which the grant is awarded, a non-Federal
contribution in an amount that is not less than—
</text>
<subparagraph id="H8B1E50BC25234BF09F6BE1DA13C6DD48">
<enum>
(A)
</enum>
<text>
in the case of an
eligible agency serving an outlying area, 12 percent of the total amount of
funds expended for adult education and family literacy education programs in
the outlying area, except that the Secretary may decrease the amount of funds
required under this subparagraph for an eligible agency; and
</text>
</subparagraph>
<subparagraph id="H59AF2175CEB94208B0448876A8378EFB">
<enum>
(B)
</enum>
<text>
in the case of an
eligible agency serving a State, 25 percent of the total amount of funds
expended for adult education and family literacy education programs in the
State.
</text>
</subparagraph>
</paragraph>
<paragraph id="H929D57E2145B45B3BB914D0E6980F9AB">
<enum>
(2)
</enum>
<header>
Non-federal
contribution
</header>
<text>
An eligible agency’s non-Federal contribution
required under paragraph (1) may be provided in cash or in kind, fairly
evaluated, and shall include only non-Federal funds that are used for adult
education and family literacy education programs in a manner that is consistent
with the purpose of this title.
</text>
</paragraph>
</subsection>
</section>
<section id="HAFEF943589E84C2E82BF4EA752540DB6">
<enum>
223.
</enum>
<header>
State
leadership activities
</header>
<subsection id="H7D55693E65A140DB8F1FE4CC97539361">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Each eligible agency may use funds made available under
section 222(a)(2) for any of the following adult education and family literacy
education programs:
</text>
<paragraph id="H67A80A307E2A4BC0B2AD41F08D606C6A">
<enum>
(1)
</enum>
<text>
The establishment
or operation of professional development programs to improve the quality of
instruction provided pursuant to local activities required under section
231(b).
</text>
</paragraph>
<paragraph id="H3523C6E91E3E4392BC41D4CACB1A21C0">
<enum>
(2)
</enum>
<text>
The provision of
technical assistance to eligible providers of adult education and family
literacy education programs, including for the development and dissemination of
evidence based research instructional practices in reading, writing, speaking,
math, and English language acquisition programs.
</text>
</paragraph>
<paragraph id="H2F855BF3394144C6AD92C6E973870865">
<enum>
(3)
</enum>
<text>
The provision of
assistance to eligible providers in developing, implementing, and reporting
measurable progress in achieving the objectives of this title.
</text>
</paragraph>
<paragraph id="H106F052B4EDD4A2CA658AF46718308D9">
<enum>
(4)
</enum>
<text>
The monitoring and
evaluation of the quality of, and the improvement in, adult education and
literacy activities.
</text>
</paragraph>
<paragraph id="H4CD2B28ADAA847BFAECBEBCAF4E287FD">
<enum>
(5)
</enum>
<text>
The provision of
technology assistance, including staff training, to eligible providers of adult
education and family literacy education programs, including distance education
activities, to enable the eligible providers to improve the quality of such
activities.
</text>
</paragraph>
<paragraph id="H8A05912E961F4D7EA39556248A0B3CBB">
<enum>
(6)
</enum>
<text>
The development
and implementation of technology applications or distance education, including
professional development to support the use of instructional technology.
</text>
</paragraph>
<paragraph id="HC567CA1BC41C443798CA209EF903CBE9">
<enum>
(7)
</enum>
<text>
Coordination with
other public programs, including programs under title I of this Act, and other
welfare-to-work, workforce development, and job training programs.
</text>
</paragraph>
<paragraph id="H36E82C090CD94D56ACD23CAB68100E5D">
<enum>
(8)
</enum>
<text>
Coordination with
existing support services, such as transportation, child care, and other
assistance designed to increase rates of enrollment in, and successful
completion of, adult education and family literacy education programs, for
adults enrolled in such activities.
</text>
</paragraph>
<paragraph id="H35E02F7FF05F4163A719556950FA991F">
<enum>
(9)
</enum>
<text>
The development
and implementation of a system to assist in the transition from adult basic
education to postsecondary education.
</text>
</paragraph>
<paragraph id="H543400EFA97449EA93F1547C31FEDA72">
<enum>
(10)
</enum>
<text>
Activities to
promote workplace literacy programs.
</text>
</paragraph>
<paragraph id="HCFAC4390000142E686A09980D5EFFE0C">
<enum>
(11)
</enum>
<text>
Other activities
of statewide significance, including assisting eligible providers in achieving
progress in improving the skill levels of adults who participate in programs
under this title.
</text>
</paragraph>
<paragraph id="HACE30DE2570A4ABA84F7AA8764CB4C77">
<enum>
(12)
</enum>
<text>
Integration of
literacy, instructional, and occupational skill training and promotion of
linkages with employees.
</text>
</paragraph>
</subsection>
<subsection id="H632A101341DD422281F6A4FFB573847E">
<enum>
(b)
</enum>
<header>
Coordination
</header>
<text>
In
carrying out this section, eligible agencies shall coordinate where possible,
and avoid duplicating efforts, in order to maximize the impact of the
activities described in subsection (a).
</text>
</subsection>
<subsection id="H73677CE09DF94FE9BE79D610A2BD479F">
<enum>
(c)
</enum>
<header>
State-Imposed
requirements
</header>
<text>
Whenever a State or outlying area implements any
rule or policy relating to the administration or operation of a program
authorized under this title that has the effect of imposing a requirement that
is not imposed under Federal law (including any rule or policy based on a State
or outlying area interpretation of a Federal statute, regulation, or
guideline), the State or outlying area shall identify, to eligible providers,
the rule or policy as being imposed by the State or outlying area.
</text>
</subsection>
</section>
<section id="H65A9F2678276485F973B8858A6D750BD">
<enum>
224.
</enum>
<header>
State
plan
</header>
<subsection id="HE6343ECD3993457BB0AFC50EB35A549D">
<enum>
(a)
</enum>
<header>
3-Year
plans
</header>
<paragraph id="HC8D8C54F9DE643E387F08E8520D27F94">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Each eligible agency desiring a grant under this title
for any fiscal year shall submit to, or have on file with, the Secretary a
3-year State plan.
</text>
</paragraph>
<paragraph id="H7349815ACB184D0F980D7D5FCC9CE87F">
<enum>
(2)
</enum>
<header>
State unified
plan
</header>
<text>
The eligible agency may submit the State plan as part of a
State unified plan described in section 501.
</text>
</paragraph>
</subsection>
<subsection id="HF969D2BE7B8F4D06A7D4119038B22792">
<enum>
(b)
</enum>
<header>
Plan
contents
</header>
<text>
The eligible agency shall include in the State plan or
any revisions to the State plan—
</text>
<paragraph id="H7A8C05E297E4447EB0CCE290E394DDAB">
<enum>
(1)
</enum>
<text>
an objective
assessment of the needs of individuals in the State or outlying area for adult
education and family literacy education programs, including individuals most in
need or hardest to serve;
</text>
</paragraph>
<paragraph id="H3C5AE1CE8CFF41F3A81684B0AE189D04">
<enum>
(2)
</enum>
<text>
a description of
the adult education and family literacy education programs that will be carried
out with funds received under this title;
</text>
</paragraph>
<paragraph id="H6288A1D2233E4692BADC82F43C286E3D">
<enum>
(3)
</enum>
<text>
an assurance that
the funds received under this title will not be expended for any purpose other
than for activities under this title;
</text>
</paragraph>
<paragraph id="HF2DF356828F54EBE9375F6FDCB62E644">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
a description of how the eligible agency
will annually evaluate and measure the effectiveness and improvement of the
adult education and family literacy education programs funded under this title
using the indicators of performance described in section 136, including how the
eligible agency will conduct such annual evaluations and measures for each
grant received under this title;
</text>
</paragraph>
<paragraph id="H2A06A0F93BBC49BEAF3CA0B7D64617CB">
<enum>
(5)
</enum>
<text>
a description of
how the eligible agency will fund local activities in accordance with the
measurable goals described in section 231(d);
</text>
</paragraph>
<paragraph id="HB982388CF5234E98A0E61471DB9641B6">
<enum>
(6)
</enum>
<text>
an assurance that
the eligible agency will expend the funds under this title only in a manner
consistent with fiscal requirements in section 241;
</text>
</paragraph>
<paragraph id="H6436361ABFD64DFBBBB070E7764715F0">
<enum>
(7)
</enum>
<text>
a description of
the process that will be used for public participation and comment with respect
to the State plan, which—
</text>
<subparagraph id="H7995D2CAADCC4E47BD2E452AB7DE5F5B">
<enum>
(A)
</enum>
<text>
shall include
consultation with the State workforce investment board, the State board
responsible for administering community or technical colleges, the Governor,
the State educational agency, the State board or agency responsible for
administering block grants for temporary assistance to needy families under
title IV of the Social Security Act, the State council on disabilities, the
State vocational rehabilitation agency, and other State agencies that promote
the improvement of adult education and family literacy education programs, and
direct providers of such programs; and
</text>
</subparagraph>
<subparagraph id="H960CB619ADBF419FA380B4B9014D256D">
<enum>
(B)
</enum>
<text>
may include
consultation with the State agency on higher education, institutions
responsible for professional development of adult education and family literacy
education programs instructors, representatives of business and industry,
refugee assistance programs, and faith-based organizations;
</text>
</subparagraph>
</paragraph>
<paragraph id="H1FF1564F7763447290D33703792F54F2">
<enum>
(8)
</enum>
<text>
a description of
the eligible agency’s strategies for serving populations that include, at a
minimum—
</text>
<subparagraph id="H0A873E7682894956A6F4B3DCE02083B3">
<enum>
(A)
</enum>
<text>
low-income
individuals;
</text>
</subparagraph>
<subparagraph id="H1D2A1757887240E4B1A18BFEB2B7F44A">
<enum>
(B)
</enum>
<text>
individuals with
disabilities;
</text>
</subparagraph>
<subparagraph id="HB574E14753B94644873E88B1DA93AF26">
<enum>
(C)
</enum>
<text>
the
unemployed;
</text>
</subparagraph>
<subparagraph id="HA0F49CF188A74677B081AE2EC644E804">
<enum>
(D)
</enum>
<text>
the underemployed;
and
</text>
</subparagraph>
<subparagraph id="H60F169A177EE4502AC95B8E82F75B76D">
<enum>
(E)
</enum>
<text>
individuals with
multiple barriers to educational enhancement, including English
learners;
</text>
</subparagraph>
</paragraph>
<paragraph id="HE9E44AAF23994A65BB43026B91CE5AFE">
<enum>
(9)
</enum>
<text>
a description of
how the adult education and family literacy education programs that will be
carried out with any funds received under this title will be integrated with
other adult education, career development, and employment and training
activities in the State or outlying area served by the eligible agency;
</text>
</paragraph>
<paragraph id="H6C44EC88B1BD4A69B86097236559446A">
<enum>
(10)
</enum>
<text>
a description of
the steps the eligible agency will take to ensure direct and equitable access,
as required in section 231(c)(1), including—
</text>
<subparagraph id="HD52793169C0F4E5AAD45347CA4B64E12">
<enum>
(A)
</enum>
<text>
how the State will
build the capacity of community-based and faith-based organizations to provide
adult education and family literacy education programs; and
</text>
</subparagraph>
<subparagraph id="HE99B0559CA3F4B889C18CEF6ACA54F6E">
<enum>
(B)
</enum>
<text>
how the State will
increase the participation of business and industry in adult education and
family literacy education programs;
</text>
</subparagraph>
</paragraph>
<paragraph id="H1751376A0F0E480CAA6050B141B3ED4D">
<enum>
(11)
</enum>
<text>
an assessment of
the adequacy of the system of the State or outlying area to ensure teacher
quality and a description of how the State or outlying area will use funds
received under this subtitle to improve teacher quality, including
evidence-based professional development to improve instruction; and
</text>
</paragraph>
<paragraph id="HF7924B0DED0A44AFA844D5E3118D6AD9">
<enum>
(12)
</enum>
<text>
a description of
how the eligible agency will consult with any State agency responsible for
postsecondary education to develop adult education that prepares students to
enter postsecondary education without the need for remediation upon completion
of secondary school equivalency programs.
</text>
</paragraph>
</subsection>
<subsection id="H3E3AACFCD4BC40059CB6D77DEAB17329">
<enum>
(c)
</enum>
<header>
Plan
revisions
</header>
<text>
When changes in conditions or other factors require
substantial revisions to an approved State plan, the eligible agency shall
submit the revisions of the State plan to the Secretary.
</text>
</subsection>
<subsection id="HAB28615BA1624A3DB5C50D167CA94840">
<enum>
(d)
</enum>
<header>
Consultation
</header>
<text>
The
eligible agency shall—
</text>
<paragraph id="H2B54D25CF50F4FE6BFB745638C538884">
<enum>
(1)
</enum>
<text>
submit the State
plan, and any revisions to the State plan, to the Governor, the chief State
school officer, or the State officer responsible for administering community or
technical colleges, or outlying area for review and comment; and
</text>
</paragraph>
<paragraph id="HEA735CCD7C15470EB070BEF4BAAAAE7A">
<enum>
(2)
</enum>
<text>
ensure that any
comments regarding the State plan by the Governor, the chief State school
officer, or the State officer responsible for administering community or
technical colleges, and any revision to the State plan, are submitted to the
Secretary.
</text>
</paragraph>
</subsection>
<subsection id="H9470439A7A224093A8B4CF43BC628D4C">
<enum>
(e)
</enum>
<header>
Plan
approval
</header>
<text>
The Secretary shall—
</text>
<paragraph id="HE8AE994C9DAE45D6A87FC9258FBE12A0">
<enum>
(1)
</enum>
<text>
approve a State
plan within 90 days after receiving the plan unless the Secretary makes a
written determination within 30 days after receiving the plan that the plan
does not meet the requirements of this section or is inconsistent with specific
provisions of this subtitle; and
</text>
</paragraph>
<paragraph id="H90447C1064064C7C8DC0FF210631425B">
<enum>
(2)
</enum>
<text>
not finally
disapprove of a State plan before offering the eligible agency the opportunity,
prior to the expiration of the 30-day period beginning on the date on which the
eligible agency received the written determination described in paragraph (3),
to review the plan and providing technical assistance in order to assist the
eligible agency in meeting the requirements of this subtitle.
</text>
</paragraph>
</subsection>
</section>
<section id="H998DFC353D42410A9874DFF1E776BCB9">
<enum>
225.
</enum>
<header>
Programs for
corrections education and other institutionalized individuals
</header>
<subsection id="H856EDD4D3C344C1BAE1BA771E3E26749">
<enum>
(a)
</enum>
<header>
Program
authorized
</header>
<text>
From funds made available under section 222(a)(1) for
a fiscal year, each eligible agency shall carry out corrections education and
education for other institutionalized individuals.
</text>
</subsection>
<subsection id="HC8FF6EFEC80942129C76C4B5399394B0">
<enum>
(b)
</enum>
<header>
Uses of
funds
</header>
<text>
The funds described in subsection (a) shall be used for the
cost of educational programs for criminal offenders in correctional
institutions and for other institutionalized individuals, including academic
programs for—
</text>
<paragraph id="H44DA9BAAD4DD420A8AF1307B0BB49A1D">
<enum>
(1)
</enum>
<text>
basic skills
education;
</text>
</paragraph>
<paragraph id="H9B76C42B22504529ADC39509F56CB1F2">
<enum>
(2)
</enum>
<text>
special education
programs as determined by the eligible agency;
</text>
</paragraph>
<paragraph id="H0A28CF7D75F2413F9621DC7F20BB16D0">
<enum>
(3)
</enum>
<text>
reading, writing,
speaking, and math programs;
</text>
</paragraph>
<paragraph id="HA99E61463A79449D9FE7870315D7B0C2">
<enum>
(4)
</enum>
<text>
secondary school
credit or diploma programs or their recognized equivalent; and
</text>
</paragraph>
<paragraph id="H6B5CDEC9B37E4129B92D50CE9DC13017">
<enum>
(5)
</enum>
<text>
integrated
education and training.
</text>
</paragraph>
</subsection>
<subsection id="HAF5BBEC415EA4D138CB0124701B5345F">
<enum>
(c)
</enum>
<header>
Priority
</header>
<text>
Each
eligible agency that is using assistance provided under this section to carry
out a program for criminal offenders within a correctional institution shall
give priority to serving individuals who are likely to leave the correctional
institution within 5 years of participation in the program.
</text>
</subsection>
<subsection id="H560F7B579C8A47E1BF9E4C9589396FC1">
<enum>
(d)
</enum>
<header>
Definitions
</header>
<text>
For
purposes of this section:
</text>
<paragraph id="HD48DFEC3A48948E2B3CDA4C0743B7562">
<enum>
(1)
</enum>
<header>
Correctional
institution
</header>
<text>
The term
<term>
correctional institution
</term>
means
any—
</text>
<subparagraph id="HBB8BDA3741304758B51897611BCF975D">
<enum>
(A)
</enum>
<text>
prison;
</text>
</subparagraph>
<subparagraph id="H49E34C01C07D4F54B6FB4FF7F494447C">
<enum>
(B)
</enum>
<text>
jail;
</text>
</subparagraph>
<subparagraph id="H68974E7C45C149AAB75D88620A1752B5">
<enum>
(C)
</enum>
<text>
reformatory;
</text>
</subparagraph>
<subparagraph id="HD696A552963740FDBC20E333DDEA6012">
<enum>
(D)
</enum>
<text>
work farm;
</text>
</subparagraph>
<subparagraph id="H85BBE8CECABA4F0AB475C86D19EFDB7F">
<enum>
(E)
</enum>
<text>
detention center;
or
</text>
</subparagraph>
<subparagraph id="HBF86E93CD268458793E53A1F4535E541">
<enum>
(F)
</enum>
<text>
halfway house,
community-based rehabilitation center, or any other similar institution
designed for the confinement or rehabilitation of criminal offenders.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF4932D0EF70741D1B5F719662D00A57F">
<enum>
(2)
</enum>
<header>
Criminal
offender
</header>
<text>
The term
<term>
criminal offender
</term>
means any
individual who is charged with, or convicted of, any criminal offense.
</text>
</paragraph>
</subsection>
</section>
</subtitle>
<subtitle id="HCD51D73124174B649F07072E98963900">
<enum>
C
</enum>
<header>
Local
Provisions
</header>
<section id="H583831F4459145338664754E3FFE8FDE">
<enum>
231.
</enum>
<header>
Grants and
contracts for eligible providers
</header>
<subsection id="H1193E2BBE26841679626C6FBD0058E7C">
<enum>
(a)
</enum>
<header>
Grants and
contracts
</header>
<text>
From grant funds made available under section
222(a)(1), each eligible agency shall award multi-year grants or contracts, on
a competitive basis, to eligible providers within the State or outlying area
that meet the conditions and requirements of this title to enable the eligible
providers to develop, implement, and improve adult education and family
literacy education programs within the State.
</text>
</subsection>
<subsection id="H39729EA28A7948A2A0653C3E4070486B">
<enum>
(b)
</enum>
<header>
Local
activities
</header>
<text>
The eligible agency shall require eligible providers
receiving a grant or contract under subsection (a) to establish or
operate—
</text>
<paragraph id="H666607AFE9A74B868506A3F38E96FFB6">
<enum>
(1)
</enum>
<text>
programs that
provide adult education and literacy activities;
</text>
</paragraph>
<paragraph id="H19963EF45F674CCE81A76495DF567732">
<enum>
(2)
</enum>
<text>
programs that
provide integrated employment and training activities; or
</text>
</paragraph>
<paragraph id="HE43C11557B7D4FC78192737973D825F2">
<enum>
(3)
</enum>
<text>
credit-bearing
postsecondary coursework.
</text>
</paragraph>
</subsection>
<subsection id="HB04E246C4EDC432A9D9C5EF31C548B3E">
<enum>
(c)
</enum>
<header>
Direct and
equitable access; same process
</header>
<text>
Each eligible agency receiving
funds under this title shall ensure that—
</text>
<paragraph id="H42F7DA9E5FA0402FA89F7A57A63D9612">
<enum>
(1)
</enum>
<text>
all eligible
providers have direct and equitable access to apply for grants or contracts
under this section; and
</text>
</paragraph>
<paragraph id="HBE604E3A44F54C11A7255658B5CDEBFC">
<enum>
(2)
</enum>
<text>
the same grant or
contract announcement process and application process is used for all eligible
providers in the State or outlying area.
</text>
</paragraph>
</subsection>
<subsection id="HF53181F0921D40578615741849134D69">
<enum>
(d)
</enum>
<header>
Measurable
goals
</header>
<text>
The eligible agency shall require eligible providers
receiving a grant or contract under subsection (a) to demonstrate—
</text>
<paragraph id="HBB4D321B3987480B852808CD232EC417">
<enum>
(1)
</enum>
<text>
the eligible
provider’s measurable goals for participant outcomes to be achieved annually on
the core indicators of performance described in section 136(b)(2)(A);
</text>
</paragraph>
<paragraph id="H8A977A80F4B248CCB0249F984A7EAB3D">
<enum>
(2)
</enum>
<text>
the past
effectiveness of the eligible provider in improving the basic academic skills
of adults and, for eligible providers receiving grants in the prior year, the
success of the eligible provider receiving funding under this title in
exceeding its performance goals in the prior year;
</text>
</paragraph>
<paragraph id="H02F13BF36C154B2499A01AF2BF767235">
<enum>
(3)
</enum>
<text>
the commitment of
the eligible provider to serve individuals in the community who are the most in
need of basic academic skills instruction services, including individuals with
disabilities and individuals who are low-income or have minimal reading,
writing, speaking, and math skills, or are English learners;
</text>
</paragraph>
<paragraph id="HC7BD740F9FF34695A23EC290EC7A3E5E">
<enum>
(4)
</enum>
<text>
the program is of
sufficient intensity and quality for participants to achieve substantial
learning gains;
</text>
</paragraph>
<paragraph id="HCED44CCAAD424605AE8650F12AB22B61">
<enum>
(5)
</enum>
<text>
educational
practices are evidence-based;
</text>
</paragraph>
<paragraph id="H65BD0BA7AE3D4C3B98383CF18E19E8AD">
<enum>
(6)
</enum>
<text>
the activities of
the eligible provider effectively employ advances in technology, and delivery
systems including distance education;
</text>
</paragraph>
<paragraph id="H0B909BF80AA04323818E6B576E8566D1">
<enum>
(7)
</enum>
<text>
the activities
provide instruction in real-life contexts, including integrated education and
training when appropriate, to ensure that an individual has the skills needed
to compete in the workplace and exercise the rights and responsibilities of
citizenship;
</text>
</paragraph>
<paragraph id="HBB5066709960442E804DDA29771A2B88">
<enum>
(8)
</enum>
<text>
the activities are
staffed by well-trained instructors, counselors, and administrators who meet
minimum qualifications established by the State;
</text>
</paragraph>
<paragraph id="H0E899BA4C53145D09D041180F4361B2A">
<enum>
(9)
</enum>
<text>
the activities are
coordinated with other available resources in the community, such as through
strong links with elementary schools and secondary schools, postsecondary
educational institutions, local workforce investment boards, one-stop centers,
job training programs, community-based and faith-based organizations, and
social service agencies;
</text>
</paragraph>
<paragraph id="H244F4F27907B4B91864FF6220B04EDFB">
<enum>
(10)
</enum>
<text>
the activities
offer flexible schedules and support services (such as child care and
transportation) that are necessary to enable individuals, including individuals
with disabilities or other special needs, to attend and complete
programs;
</text>
</paragraph>
<paragraph id="HD51F43C3A0034F35A750A7407793FF41">
<enum>
(11)
</enum>
<text>
the activities
include a high-quality information management system that has the capacity to
report measurable participant outcomes (consistent with section 136) and to
monitor program performance;
</text>
</paragraph>
<paragraph id="HB8FBAC89BA0C44C3AF669C5CD661A77D">
<enum>
(12)
</enum>
<text>
the local
communities have a demonstrated need for additional English language
acquisition programs, and integrated education and training programs;
</text>
</paragraph>
<paragraph id="H07919CCED8714FDBBB6F2DBB56425B96">
<enum>
(13)
</enum>
<text>
the capacity of
the eligible provider to produce valid information on performance results,
including enrollments and measurable participant outcomes;
</text>
</paragraph>
<paragraph id="HA54A5C8EEE1642C9ADD02075A5884456">
<enum>
(14)
</enum>
<text>
adult education
and family literacy education programs offer rigorous reading, writing,
speaking, and math content that are evidence based; and
</text>
</paragraph>
<paragraph id="H4E44A2EE33F4407B998EB133E346FD45">
<enum>
(15)
</enum>
<text>
applications of
technology, and services to be provided by the eligible providers, are of
sufficient intensity and duration to increase the amount and quality of
learning and lead to measurable learning gains within specified time
periods.
</text>
</paragraph>
</subsection>
<subsection id="HF0B7D172CB994A8E948C8FF8E9C58976">
<enum>
(e)
</enum>
<header>
Special
rule
</header>
<text>
Eligible providers may use grant funds under this title to
serve children participating in family literacy programs assisted under this
part, provided that other sources of funds available to provide similar
services for such children are used first.
</text>
</subsection>
</section>
<section id="H9DBF9AA99E7E4E798B203326FD90DEFC">
<enum>
232.
</enum>
<header>
Local
application
</header>
<text display-inline="no-display-inline">
Each eligible
provider desiring a grant or contract under this title shall submit an
application to the eligible agency containing such information and assurances
as the eligible agency may require, including—
</text>
<paragraph id="H9143FAA1C72248628AB6F4402D5816C3">
<enum>
(1)
</enum>
<text>
a description of
how funds awarded under this title will be spent consistent with the
requirements of this title;
</text>
</paragraph>
<paragraph id="HB303DE5594EE42799C613F2F3C4C5D0E">
<enum>
(2)
</enum>
<text>
a description of
any cooperative arrangements the eligible provider has with other agencies,
institutions, or organizations for the delivery of adult education and family
literacy education programs; and
</text>
</paragraph>
<paragraph id="H3BC70D1BAAEA43C39F03D62933E82DC3">
<enum>
(3)
</enum>
<text>
each of the
demonstrations required by section 231(d).
</text>
</paragraph>
</section>
<section id="H96235B7033B64988BD1E9B15DE5B251F">
<enum>
233.
</enum>
<header>
Local
administrative cost limits
</header>
<subsection id="HCB3545C6F038440EBFFFA1C271AA21F0">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Subject to subsection (b), of the amount that is made
available under this title to an eligible provider—
</text>
<paragraph id="H127C2F75EE41456A9CCCFFB03AE90853">
<enum>
(1)
</enum>
<text>
at least 95
percent shall be expended for carrying out adult education and family literacy
education programs; and
</text>
</paragraph>
<paragraph id="HBF7298D0A100432C97BA339BD4222FB3">
<enum>
(2)
</enum>
<text>
the remaining
amount shall be used for planning, administration, personnel and professional
development, development of measurable goals in reading, writing, speaking, and
math, and interagency coordination.
</text>
</paragraph>
</subsection>
<subsection id="H2F35CEC4874A4A989B986ED4239853D0">
<enum>
(b)
</enum>
<header>
Special
rule
</header>
<text>
In cases where the cost limits described in subsection (a)
are too restrictive to allow for adequate planning, administration, personnel
development, and interagency coordination, the eligible provider may negotiate
with the eligible agency in order to determine an adequate level of funds to be
used for noninstructional purposes.
</text>
</subsection>
</section>
</subtitle>
<subtitle id="H1AE2E3E6E2334A6BA13FD4D259A20AD1">
<enum>
D
</enum>
<header>
General
Provisions
</header>
<section id="HBD86510357B84196958750B2BCD725C0">
<enum>
241.
</enum>
<header>
Administrative
provisions
</header>
<text display-inline="no-display-inline">
Funds made
available for adult education and family literacy education programs under this
title shall supplement and not supplant other State or local public funds
expended for adult education and family literacy education programs.
</text>
</section>
<section id="H5E1AABDFBC0A4BD8A56DD8BC770ECD5B">
<enum>
242.
</enum>
<header>
National
activities
</header>
<text display-inline="no-display-inline">
The Secretary shall
establish and carry out a program of national activities that may include the
following:
</text>
<paragraph id="H2FA177F773BD4DD6B43289BF35C92CA6">
<enum>
(1)
</enum>
<text>
Providing
technical assistance to eligible entities, on request, to—
</text>
<subparagraph id="H27A6C457A1C246008249FCB27E48DA46">
<enum>
(A)
</enum>
<text>
improve their
fiscal management, research-based instruction, and reporting requirements to
carry out the requirements of this title;
</text>
</subparagraph>
<subparagraph id="H97698780D787445E9A79A9C9B5C9FD56">
<enum>
(B)
</enum>
<text>
improve its
performance on the core indicators of performance described in section
136;
</text>
</subparagraph>
<subparagraph id="H734454764E764D8195409FD0AB6B3BCB">
<enum>
(C)
</enum>
<text>
provide adult
education professional development; and
</text>
</subparagraph>
<subparagraph id="HA3E95197FF8A46BC81E5DA2E8E3A0D29">
<enum>
(D)
</enum>
<text>
use distance
education and improve the application of technology in the classroom, including
instruction in English language acquisition for English learners.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0DF6CE62A42B42508267BB209B8087A2">
<enum>
(2)
</enum>
<text>
Providing for the
conduct of research on national literacy basic skill acquisition levels among
adults, including the number of adult English learners functioning at different
levels of reading proficiency.
</text>
</paragraph>
<paragraph id="H17526A958B4B412D81896BA87C9FF8A2">
<enum>
(3)
</enum>
<text>
Improving the
coordination, efficiency, and effectiveness of adult education and workforce
development services at the national, State, and local levels.
</text>
</paragraph>
<paragraph id="HC4D49F0DD85D4284890ED0C7EF99B636">
<enum>
(4)
</enum>
<text>
Determining how
participation in adult education, English language acquisition, and family
literacy education programs prepares individuals for entry into and success in
postsecondary education and employment, and in the case of prison-based
services, the effect on recidivism.
</text>
</paragraph>
<paragraph id="HF9454C56A5B84D7A947AF5DB0E38FDBF">
<enum>
(5)
</enum>
<text>
Evaluating how
different types of providers, including community and faith-based organizations
or private for-profit agencies measurably improve the skills of participants in
adult education, English language acquisition, and family literacy education
programs.
</text>
</paragraph>
<paragraph id="H9C914515000C4E5A92736695C9036FBA">
<enum>
(6)
</enum>
<text>
Identifying model
integrated basic and workplace skills education programs, including programs
for English learners coordinated literacy and employment services, and
effective strategies for serving adults with disabilities.
</text>
</paragraph>
<paragraph id="H0F9608F654994B48945062FBB6F78EFF">
<enum>
(7)
</enum>
<text>
Initiating other
activities designed to improve the measurable quality and effectiveness of
adult education, English language acquisition, and family literacy education
programs
nationwide.
</text>
</paragraph>
</section>
</subtitle>
</title>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</title>
<title id="HB3E4976A326C4B8FA9E768207706507A">
<enum>
III
</enum>
<header>
AMENDMENTS TO
THE WAGNER-PEYSER ACT
</header>
<section id="H97899F4862394D828601C76A133540B9">
<enum>
301.
</enum>
<header>
Amendments to
the Wagner-Peyser Act
</header>
<text display-inline="no-display-inline">
The
Wagner-Peyser Act (29
U.S.C. 49 et seq.) is amended by amending section 15 to read as
follows:
</text>
<quoted-block id="H9A64D7E9F6024C9592C9898DC4258A21" style="OLC">
<section id="H1A72E9624E6E464E8F1FF961FC32BF48">
<enum>
15.
</enum>
<header>
Workforce and
labor market information system
</header>
<subsection id="H3DE635AD5EA1456892FB7876EC51F315">
<enum>
(a)
</enum>
<header>
System
content
</header>
<paragraph id="HCE1720191C454250AC1DC9CABCE4CE9A">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary of Labor, in accordance with the provisions
of this section, shall oversee the development, maintenance, and continuous
improvement of a nationwide workforce and labor market information system that
includes—
</text>
<subparagraph id="HDB0C37F1994E47EB9A1F08B49B69A6FC">
<enum>
(A)
</enum>
<text>
statistical data
from cooperative statistical survey and projection programs and data from
administrative reporting systems that, taken together, enumerate, estimate, and
project employment opportunities and conditions at national, State, and local
levels in a timely manner, including statistics on—
</text>
<clause id="H98262D37507F428381F74B80BAB0CD21">
<enum>
(i)
</enum>
<text>
employment and
unemployment status of national, State, and local populations, including
self-employed, part-time, and seasonal workers;
</text>
</clause>
<clause id="H742FA57FC1DB485387B3C62DF5E8E4F3">
<enum>
(ii)
</enum>
<text>
industrial
distribution of occupations, as well as current and projected employment
opportunities, wages, benefits (where data is available), and skill trends by
occupation and industry, with particular attention paid to State and local
conditions;
</text>
</clause>
<clause id="HE6320D14E8684455B97EDDECFE8C268E">
<enum>
(iii)
</enum>
<text>
the incidence
of, industrial and geographical location of, and number of workers displaced
by, permanent layoffs and plant closings; and
</text>
</clause>
<clause id="H883C50D224BC4BBD99695F62B5747C74">
<enum>
(iv)
</enum>
<text>
employment and
earnings information maintained in a longitudinal manner to be used for
research and program evaluation;
</text>
</clause>
</subparagraph>
<subparagraph id="HECF0BC93B8864772A537C571ADB1524E">
<enum>
(B)
</enum>
<text>
information on
State and local employment opportunities, and other appropriate statistical
data related to labor market dynamics, which—
</text>
<clause id="H96869623F9ED49808E270458BF984E29">
<enum>
(i)
</enum>
<text>
shall be current
and comprehensive;
</text>
</clause>
<clause id="H8EC3193512414B4C89592694A4925DF0">
<enum>
(ii)
</enum>
<text>
shall meet the
needs identified through the consultations described in subparagraphs (A) and
(B) of subsection (e)(2); and
</text>
</clause>
<clause id="HEF9DB4C834564D969A4788F6C90F7B76">
<enum>
(iii)
</enum>
<text>
shall meet the
needs for the information identified in section 121;
</text>
</clause>
</subparagraph>
<subparagraph id="H9BA3B6F97B5043DA82B7C99ACE9F24A0">
<enum>
(C)
</enum>
<text>
technical
standards (which the Secretary shall publish annually) for data and information
described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/44/35">
chapter 35
</external-xref>
of title 44,
United States Code;
</text>
</subparagraph>
<subparagraph id="HBDDA95E27BCF4609B2EBDEFC9E8F5081">
<enum>
(D)
</enum>
<text>
procedures to
ensure compatibility and additivity of the data and information described in
subparagraphs (A) and (B) from national, State, and local levels;
</text>
</subparagraph>
<subparagraph id="H598C8CCBC0C04923B7C85884D7524631">
<enum>
(E)
</enum>
<text>
procedures to
support standardization and aggregation of data from administrative reporting
systems described in subparagraph (A) of employment-related programs;
</text>
</subparagraph>
<subparagraph id="H71E0118AA84246959FBA4E0E837C58A4">
<enum>
(F)
</enum>
<text>
analysis of data
and information described in subparagraphs (A) and (B) for uses such as—
</text>
<clause id="HD94041A4A718428694E11D1005569460">
<enum>
(i)
</enum>
<text>
national, State,
and local policymaking;
</text>
</clause>
<clause id="H58A6B271AB2E4BF2B5F3A889C8D5EEF6">
<enum>
(ii)
</enum>
<text>
implementation of
Federal policies (including allocation formulas);
</text>
</clause>
<clause id="H3F39C7F0982E4FBDA25CFE157BFFCB5C">
<enum>
(iii)
</enum>
<text>
program planning
and evaluation; and
</text>
</clause>
<clause id="H966BB4EF926C472D99F34D4D135CF0BB">
<enum>
(iv)
</enum>
<text>
researching labor
market dynamics;
</text>
</clause>
</subparagraph>
<subparagraph id="H0C91D2DA552149538A81B35D26B42536">
<enum>
(G)
</enum>
<text>
wide dissemination
of such data, information, and analysis in a user-friendly manner and voluntary
technical standards for dissemination mechanisms; and
</text>
</subparagraph>
<subparagraph id="HB6B5971DAC9D4D0E985150B25AB1464A">
<enum>
(H)
</enum>
<text>
programs
of—
</text>
<clause id="HE6C90ADAD19F4800A15FEAEB1649B03F">
<enum>
(i)
</enum>
<text>
training for
effective data dissemination;
</text>
</clause>
<clause id="HCED053EC51234DE8AD848C3710204604">
<enum>
(ii)
</enum>
<text>
research and
demonstration; and
</text>
</clause>
<clause id="H014C18FD03E04BC99DF973CA16CAD23A">
<enum>
(iii)
</enum>
<text>
programs and
technical assistance.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HBE3874080F964253BE3A821CED58714E">
<enum>
(2)
</enum>
<header>
Information to
be confidential
</header>
<subparagraph id="H18E6A2070A7D437A97A9D9E73260655C">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
No officer or employee of the Federal Government or agent
of the Federal Government may—
</text>
<clause id="H87C87E1D4B914D4BAED385FF33BD2959">
<enum>
(i)
</enum>
<text>
use any submission
that is furnished for exclusively statistical purposes under the provisions of
this section for any purpose other than the statistical purposes for which the
submission is furnished;
</text>
</clause>
<clause id="HEE49DE13E3064E7094A47B4FBC0DE059">
<enum>
(ii)
</enum>
<text>
disclose to the
public any publication or media transmittal of the data contained in the
submission described in clause (i) that permits information concerning an
individual subject to be reasonably inferred by either direct or indirect
means; or
</text>
</clause>
<clause id="H3D25B7A22738473496C14BF70F4C193A">
<enum>
(iii)
</enum>
<text>
permit anyone
other than a sworn officer, employee, or agent of any Federal department or
agency, or a contractor (including an employee of a contractor) of such
department or agency, to examine an individual submission described in clause
(i),
</text>
</clause>
<continuation-text continuation-text-level="subparagraph">
without
the consent of the individual, agency, or other person who is the subject of
the submission or provides that submission.
</continuation-text>
</subparagraph>
<subparagraph id="H5595E79363C84E2EB5FDEA8CF81A7C77">
<enum>
(B)
</enum>
<header>
Immunity from
legal process
</header>
<text>
Any submission (including any data derived from the
submission) that is collected and retained by a Federal department or agency,
or an officer, employee, agent, or contractor of such a department or agency,
for exclusively statistical purposes under this section shall be immune from
the legal process and shall not, without the consent of the individual, agency,
or other person who is the subject of the submission or provides that
submission, be admitted as evidence or used for any purpose in any action,
suit, or other judicial or administrative proceeding.
</text>
</subparagraph>
<subparagraph id="H898C59486B3D4B97B35B56255CEA33E3">
<enum>
(C)
</enum>
<header>
Rule of
construction
</header>
<text>
Nothing in this section shall be construed to
provide immunity from the legal process for such submission (including any data
derived from the submission) if the submission is in the possession of any
person, agency, or entity other than the Federal Government or an officer,
employee, agent, or contractor of the Federal Government, or if the submission
is independently collected, retained, or produced for purposes other than the
purposes of this Act.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HC25852DB240641AB9B4D4D68FEAA4D3A">
<enum>
(b)
</enum>
<header>
System
responsibilities
</header>
<paragraph id="HC895D850B11F480398A10D8598152AE5">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The workforce and labor market information system
described in subsection (a) shall be planned, administered, overseen, and
evaluated through a cooperative governance structure involving the Federal
Government and States.
</text>
</paragraph>
<paragraph id="HC4DD032C04CF4F1FB7E805B9C56BC9BB">
<enum>
(2)
</enum>
<header>
Duties
</header>
<text>
The
Secretary, with respect to data collection, analysis, and dissemination of
workforce and labor market information for the system, shall carry out the
following duties:
</text>
<subparagraph id="HA8137D63AD714E69AE3DFCBCCEEEBB7B">
<enum>
(A)
</enum>
<text>
Assign
responsibilities within the Department of Labor for elements of the workforce
and labor market information system described in subsection (a) to ensure that
all statistical and administrative data collected is consistent with
appropriate Bureau of Labor Statistics standards and definitions.
</text>
</subparagraph>
<subparagraph id="H6C7A85510D954275B80C47EAEB72BEE4">
<enum>
(B)
</enum>
<text>
Actively seek the
cooperation of other Federal agencies to establish and maintain mechanisms for
ensuring complementarity and nonduplication in the development and operation of
statistical and administrative data collection activities.
</text>
</subparagraph>
<subparagraph id="HAB34CC7DE174454199BE8E3BB25BD5A6">
<enum>
(C)
</enum>
<text>
Eliminate gaps and
duplication in statistical undertakings, with the systemization of wage surveys
as an early priority.
</text>
</subparagraph>
<subparagraph id="H666CC9DC29274E0080BA244189B26DCB">
<enum>
(D)
</enum>
<text>
In collaboration
with the Bureau of Labor Statistics and States, develop and maintain the
elements of the workforce and labor market information system described in
subsection (a), including the development of consistent procedures and
definitions for use by the States in collecting the data and information
described in subparagraphs (A) and (B) of subsection (a)(1).
</text>
</subparagraph>
<subparagraph id="H3D6ACF02E9334676BF542B6AA9EDCC2D">
<enum>
(E)
</enum>
<text>
Establish
procedures for the system to ensure that—
</text>
<clause id="HFDD9482B9446416EAA86AB9163DBFB82">
<enum>
(i)
</enum>
<text>
such data and
information are timely;
</text>
</clause>
<clause id="H7D307A4EE1694EFFB7E0243342873BC5">
<enum>
(ii)
</enum>
<text>
paperwork and
reporting for the system are reduced to a minimum; and
</text>
</clause>
<clause id="H6510C5F7065C409E9DDB1C68F8912861">
<enum>
(iii)
</enum>
<text>
States and
localities are fully involved in the development and continuous improvement of
the system at all levels.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HF89023CDAF564F7C931FB928B1E6AA9C">
<enum>
(c)
</enum>
<header>
National
electronic tools To provide services
</header>
<text>
The Secretary is authorized
to assist in the development of national electronic tools that may be used to
facilitate the delivery of work ready services described in section 134(c)(2)
and to provide workforce information to individuals through the one-stop
delivery systems described in section 121 and through other appropriate
delivery systems.
</text>
</subsection>
<subsection id="HC4242684BC104654972327D6977664DB">
<enum>
(d)
</enum>
<header>
Coordination
with the states
</header>
<paragraph id="H00FAC35D459B4B399FE991BC7BEE9F8C">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary, working through the Bureau of Labor
Statistics and the Employment and Training Administration, shall regularly
consult with representatives of State agencies carrying out workforce
information activities regarding strategies for improving the workforce and
labor market information system.
</text>
</paragraph>
<paragraph id="H086BCEC83DF44EA9A9D4FD2B56E4C5A7">
<enum>
(2)
</enum>
<header>
Formal
consultations
</header>
<text>
At least twice each year, the Secretary, working
through the Bureau of Labor Statistics, shall conduct formal consultations
regarding programs carried out by the Bureau of Labor Statistics with
representatives of each of the Federal regions of the Bureau of Labor
Statistics, elected (pursuant to a process established by the Secretary) from
the State directors affiliated with State agencies that perform the duties
described in subsection (e)(2).
</text>
</paragraph>
</subsection>
<subsection id="H39E00A8C03184FFCB98B253D1B5C65E8">
<enum>
(e)
</enum>
<header>
State
responsibilities
</header>
<paragraph id="H8F200F9CBC024B2BA22B9339ACCD9BE5">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In order to receive Federal financial assistance under
this section, the Governor of a State shall—
</text>
<subparagraph id="HD14A18F5773B46C2B6038C6FF71AEA9D">
<enum>
(A)
</enum>
<text>
be responsible for
the management of the portions of the workforce and labor market information
system described in subsection (a) that comprise a statewide workforce and
labor market information system and for the State’s participation in the
development of the annual plan;
</text>
</subparagraph>
<subparagraph id="HCBB8F68898B74DCFB2E78DAF6BE03B69">
<enum>
(B)
</enum>
<text>
establish a
process for the oversight of such system;
</text>
</subparagraph>
<subparagraph id="H5FB3DB4B56B448E5928B98726F8A34A4">
<enum>
(C)
</enum>
<text>
consult with State
and local employers, participants, and local workforce investment boards about
the labor market relevance of the data to be collected and disseminated through
the statewide workforce and labor market information system;
</text>
</subparagraph>
<subparagraph id="H449E073CBDBF48A8881BE433B63C0793">
<enum>
(D)
</enum>
<text>
consult with State
educational agencies and local educational agencies concerning the provision of
employment statistics in order to meet the needs of secondary school and
postsecondary school students who seek such information;
</text>
</subparagraph>
<subparagraph id="H8839251D4E6F46B6AE343D9EFCB8E580">
<enum>
(E)
</enum>
<text>
collect and
disseminate for the system, on behalf of the State and localities in the State,
the information and data described in subparagraphs (A) and (B) of subsection
(a)(1);
</text>
</subparagraph>
<subparagraph id="HDAB4A7CD30DB4AB6814F79F94D163A66">
<enum>
(F)
</enum>
<text>
maintain and
continuously improve the statewide workforce and labor market information
system in accordance with this section;
</text>
</subparagraph>
<subparagraph id="H7553B9F428A4462E85C3E04E2EDC8AEF">
<enum>
(G)
</enum>
<text>
perform contract
and grant responsibilities for data collection, analysis, and dissemination for
such system;
</text>
</subparagraph>
<subparagraph id="HAA15C0A93C0048229F04CA9CFCF97EE4">
<enum>
(H)
</enum>
<text>
conduct such other
data collection, analysis, and dissemination activities as will ensure an
effective statewide workforce and labor market information system;
</text>
</subparagraph>
<subparagraph id="H05EEA71FC4D64120A9B6DDE16191BAE1">
<enum>
(I)
</enum>
<text>
actively seek the
participation of other State and local agencies in data collection, analysis,
and dissemination activities in order to ensure complementarity, compatibility,
and usefulness of data;
</text>
</subparagraph>
<subparagraph id="H76750FF915EF494BB2785B95877FC0F1">
<enum>
(J)
</enum>
<text>
participate in the
development of the annual plan described in subsection (c); and
</text>
</subparagraph>
<subparagraph id="H32377D3BC2C14F44B6AE8BBC944425A2">
<enum>
(K)
</enum>
<text>
utilize the
quarterly records described in section 136(f)(2) to assist the State and other
States in measuring State progress on State performance measures.
</text>
</subparagraph>
</paragraph>
<paragraph id="H54BFD9ED8DC546AD87968F63806E0887">
<enum>
(2)
</enum>
<header>
Rule of
construction
</header>
<text>
Nothing in this section shall be construed as
limiting the ability of a Governor to conduct additional data collection,
analysis, and dissemination activities with State funds or with Federal funds
from sources other than this section.
</text>
</paragraph>
</subsection>
<subsection id="H1CF635A5589B4384A29D58F432FB4B77">
<enum>
(f)
</enum>
<header>
Nonduplication
requirement
</header>
<text>
None of the functions and activities carried out
pursuant to this section shall duplicate the functions and activities carried
out under the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2301 et
seq.).
</text>
</subsection>
<subsection id="HFFD881E5D23E443D808DC4CA186F3D02">
<enum>
(g)
</enum>
<header>
Authorization of
appropriations
</header>
<text>
There are authorized to be appropriated to carry
out this section $63,473,000 for fiscal year 2014 and each of the 6 succeeding
fiscal years.
</text>
</subsection>
<subsection id="H59F6702D554148A683E62A964AC30251">
<enum>
(h)
</enum>
<header>
Definition
</header>
<text>
In
this section, the term
<term>
local area
</term>
means the smallest geographical
area for which data can be produced with statistical
reliability.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</title>
<title id="HC2B8134003EE4ABBA495F23A05A6C5B4">
<enum>
IV
</enum>
<header>
REPEALS AND
CONFORMING AMENDMENTS
</header>
<section id="HD884A361219F4C7F9C0B0464BCA9A83D">
<enum>
401.
</enum>
<header>
Repeals
</header>
<text display-inline="no-display-inline">
The following provisions are
repealed:
</text>
<paragraph id="HD2D768E37B6E474F904B7D2A482E5649">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
Chapter 4 of subtitle B of title I, and
sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503,
and 506 of the Workforce Investment Act of 1998, as in effect on the day before
the date of enactment of the SKILLS Act.
</text>
</paragraph>
<paragraph id="H027F0890B4404A7782012C329A4B74D1">
<enum>
(2)
</enum>
<text>
Title V of the
Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056">
42 U.S.C. 3056 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="HB1E624EE83E047D8B552FA5609C3D77C">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
Sections 1 through 14 of the Wagner-Peyser
Act (29 U.S.C. 49 et
seq.).
</text>
</paragraph>
<paragraph id="HFCDB4727B86F4DD98B187C6C8895ECA1">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
Twenty-First Century Workforce Commission
Act (29 U.S.C.
2701 note).
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="H4F9A2865EF1546CC86345E1EDBC4F705">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
Public Law 91–378,
16 U.S.C. 1701 et
seq. (popularly known as the
<quote>
Youth Conservation Corps
Act of 1970
</quote>
).
</text>
</paragraph>
<paragraph id="H601722181EE04EBAA4490F89F48016C4">
<enum>
(6)
</enum>
<text>
Section 821 of the
Higher Education Amendments of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1151">
20 U.S.C. 1151
</external-xref>
) (Grants to States
for workplace and community transition training for incarcerated
individuals).
</text>
</paragraph>
<paragraph id="H511E3C2EB39D4259AD82BC3A479FDDCF">
<enum>
(7)
</enum>
<text>
The Women in
Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et
seq.).
</text>
</paragraph>
<paragraph id="H31AF8485126248B29DCBE0BD10E745C0">
<enum>
(8)
</enum>
<text display-inline="yes-display-inline">
Sections
4103A and
4104 of title 38, United States
Code.
</text>
</paragraph>
</section>
<section id="H520BCF8F3AD04D52BB0910CBF9357613">
<enum>
402.
</enum>
<header>
Amendment to
the Comprehensive Environmental Response, Compensation, and Liability Act of
1980
</header>
<text display-inline="no-display-inline">
Section 104(k)(6) of the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C.
9604) is amended by striking
<quote>
, training,
</quote>
.
</text>
</section>
<section id="H007195043B394044853B1843ECE74CF9" section-type="subsequent-section">
<enum>
403.
</enum>
<header>
Amendments to the
Food and Nutrition Act of 2008
</header>
<subsection id="H64F52078AE474E0BB8EFD8D85B323094">
<enum>
(a)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
Section 3(t) of the Food and Nutrition Act
of 2008 (7 U.S.C.
2012(t)) is amended—
</text>
<paragraph id="H5D292268AAF14C67A02E32CCA23A0411">
<enum>
(1)
</enum>
<text>
by striking
<quote>
and (2)
</quote>
and inserting
<quote>
(2)
</quote>
, and
</text>
</paragraph>
<paragraph id="HDA0399BE2A9C4DF2B08A3900BA49BB4A">
<enum>
(2)
</enum>
<text>
by inserting
before the period at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H8831C35D267E4622968F60D9361443CA" style="OLC">
<quoted-block-continuation-text quoted-block-continuation-text-level="paragraph">
, and (3)
when referencing employment and training activities under section 6(d)(4), a
State board as defined in section 101 of the Workforce Investment Act of 1998
(29 U.S.C.
2801)
</quoted-block-continuation-text>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HF73E3066184F4FAA8718FED8E5BCEC70">
<enum>
(b)
</enum>
<header>
Eligible
households
</header>
<text display-inline="yes-display-inline">
Section 5 of the
Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2014">
7 U.S.C. 2014
</external-xref>
) is amended—
</text>
<paragraph id="HA99D11BBA05A485CA4D45D83A967C601">
<enum>
(1)
</enum>
<text>
in subsection
(d)(14) by striking
<quote>
section 6(d)(4)(I)
</quote>
and inserting
<quote>
section 6(d)(4)(C)
</quote>
, and
</text>
</paragraph>
<paragraph id="H2C1171F598044A5B91529ECA30E72AA6">
<enum>
(2)
</enum>
<text>
in subsection
(g)(3) by striking
<quote>
constitutes adequate participation in an employment
and training program under section 6(d)
</quote>
and inserting
<quote>
allows the
individual to participate in employment and training activities under section
6(d)(4)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H334BDAC6512247AD9427F83AA1BE3A5D">
<enum>
(c)
</enum>
<header>
Eligibility
disqualifications
</header>
<text>
Section 6(d)(4) of the Food and Nutrition Act
of 2008 (7 U.S.C.
2015(d)(4)) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H0AD43D294C174C98AB01B80A58E15203" style="OLC">
<paragraph id="HE9929889FDF3418A97805BCF99620C34">
<enum>
(4)
</enum>
<header>
Employment and
training
</header>
<subparagraph id="HAD86A4F5BFF04285AF5EB4C4BF48321F">
<enum>
(A)
</enum>
<header>
Implementation
</header>
<text display-inline="yes-display-inline">
Each State agency shall provide employment
and training services authorized under section 134 of the Workforce Investment
Act of 1998 (29
U.S.C. 2864) to eligible members of households participating in
the supplemental nutrition assistance program in gaining skills, training,
work, or experience that will increase their ability to obtain regular
employment.
</text>
</subparagraph>
<subparagraph id="H2F975667ED744FEA85B881446833E341">
<enum>
(B)
</enum>
<header>
Statewide
workforce development system
</header>
<text display-inline="yes-display-inline">
Consistent with subparagraph (A),
employment and training services shall be provided through the statewide
workforce development system, including the One-Stop delivery system,
authorized by the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.).
</text>
</subparagraph>
<subparagraph id="H96D335F055064F88994A688898977B22">
<enum>
(C)
</enum>
<header>
Reimbursements
</header>
<clause id="H559EDAA2D1AA4E96AE8BEB8791EB6C83">
<enum>
(i)
</enum>
<header>
Actual
costs
</header>
<text>
The State agency shall provide payments or reimbursement to
participants served under this paragraph for—
</text>
<subclause id="HCA1DF3BD9D9B4E988455DDD4A07060A3">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
the actual costs of transportation and
other actual costs (other than dependent care costs) that are reasonably
necessary and directly related to the individual participating in employment
and training activities; and
</text>
</subclause>
<subclause id="H5548ED2101344B939D59B95276FDBDCA">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
the actual costs of such dependent care
expenses that are determined by the State agency to be necessary for the
individual to participate in employment and training activities (other than an
individual who is the caretaker relative of a dependent in a family receiving
benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) in a local area where an employment, training, or
education program under title IV of such Act is in operation), except that no
such payment or reimbursement shall exceed the applicable local market
rate.
</text>
</subclause>
</clause>
<clause id="H490CA911B47546F7BCC55B186058A870">
<enum>
(ii)
</enum>
<header>
Service
contracts and vouchers
</header>
<text display-inline="yes-display-inline">
In
lieu of providing reimbursements or payments for dependent care expenses under
clause (i), a State agency may, at its option, arrange for dependent care
through providers by the use of purchase of service contracts or vouchers or by
providing vouchers to the household.
</text>
</clause>
<clause id="HB5157ED62F3042AA8305161122F15F76">
<enum>
(iii)
</enum>
<header>
Value of
reimbursements
</header>
<text>
The value of any dependent care services provided
for or arranged under clause (ii), or any amount received as a payment or
reimbursement under clause (i), shall—
</text>
<subclause id="HCD56148E822347A3B81E5E6459BF9818">
<enum>
(I)
</enum>
<text>
not be treated as
income for the purposes of any other Federal or federally assisted program that
bases eligibility for, or the amount of benefits on, need; and
</text>
</subclause>
<subclause id="HA93746CE1BA040BEB7D29B05A24AA0B9">
<enum>
(II)
</enum>
<text>
not be claimed as
an employment-related expense for the purposes of the credit provided under
section
21 of the Internal Revenue Code of 1986 (26 U.S.C.
21).
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HA9088E1DDEB148D383337DCCC5780C50">
<enum>
(d)
</enum>
<header>
Administration
</header>
<text>
Section
11(e)(19) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2020">
7 U.S.C. 2020(e)(11)
</external-xref>
is amended to
read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HE08D91C85BEE45C8B34C0BC6FAB81CA5" style="traditional">
<paragraph id="H8743EAC9963A486BB938FB465EB57F51">
<enum>
(19)
</enum>
<text display-inline="yes-display-inline">
the plans of the State agency for providing
employment and training services under section
6(d)(4);
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HD9FD7B84E6C049ACB3E3721BB085CE8F">
<enum>
(e)
</enum>
<header>
Administrative
cost-Sharing and quality control
</header>
<text>
Section 16(h) of the Food and
Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2025">
7 U.S.C. 2025
</external-xref>
) is amended—
</text>
<paragraph id="HB545F178314240178F36641DFFA2ABE5">
<enum>
(1)
</enum>
<text>
in paragraph
(1)—
</text>
<subparagraph id="H762CBFD6D853484F98F9EB8554E65963">
<enum>
(A)
</enum>
<text>
in subparagraph
(A) by striking
<quote>
carry out employment and training programs
</quote>
and
inserting
<quote>
provide employment and training services to eligible
households under section 6(d)(4)
</quote>
, and
</text>
</subparagraph>
<subparagraph id="HD34210AFF1C34FD4AC6F0589EF597F54">
<enum>
(B)
</enum>
<text>
in subparagraph
(D) by striking
<quote>
operating an employment and training program
</quote>
and
inserting
<quote>
providing employment and training services consistent with
section 6(d)(4)
</quote>
,
</text>
</subparagraph>
</paragraph>
<paragraph id="HD4C0F55CB9F54420909C320F0A2A17A9">
<enum>
(2)
</enum>
<text>
in paragraph (3)
by striking
<quote>
related to participation in an employment and training
program
</quote>
and inserting
<quote>
the individual participating in employment
and training activities
</quote>
,
</text>
</paragraph>
<paragraph id="HD6485E63C88B48B1A7EF5935DBE28EC0">
<enum>
(3)
</enum>
<text>
in paragraph (4)
by striking
<quote>
for operating an employment and training program
</quote>
and
inserting
<quote>
to provide employment and training services
</quote>
,
and
</text>
</paragraph>
<paragraph id="H3403F634B17547D296CEC920DA53D693">
<enum>
(4)
</enum>
<text>
by amending
paragraph (5) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HC73D3622479140D7BEAAE2B494F4E6AA" style="OLC">
<paragraph id="H2177681306EE4029AA04F97F32283760">
<enum>
(5)
</enum>
<header>
Monitoring
</header>
<text display-inline="yes-display-inline">
The Secretary, in conjunction with the
Secretary of Labor, shall monitor each State agency responsible for
administering employment and training services under section 6(d)(4) to ensure
funds are being spent effectively and efficiently. Each program of employment
and training receiving funds under section 6(d)(4) shall be subject to the
requirements of the performance accountability system, including having to meet
the state performance measures included in section 136 of the Workforce
Investment Act (29
U.S.C.
2871).
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H7A6AF536285044429BD2C1A9779A620F">
<enum>
(f)
</enum>
<header>
Research,
demonstration, and evaluations
</header>
<text>
Section 17 of the Food and
Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2026">
7 U.S.C. 2026
</external-xref>
) is amended—
</text>
<paragraph id="HB85DD9E149EA4F82B3ACE84694881BE3">
<enum>
(1)
</enum>
<text>
in subsection (b)
by striking paragraph (3), and
</text>
</paragraph>
<paragraph id="HFC9942BCA279481489AA6FB2CEDDD72E">
<enum>
(2)
</enum>
<text>
in subsection
(g)—
</text>
<subparagraph id="H91F2019CD8AC470AA49D73ECD884C1D3">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
, in conjunction with the Secretary of Labor,
</quote>
after
<quote>
Secretary
</quote>
, and
</text>
</subparagraph>
<subparagraph id="H19DF5493418C4D50B105A7B90A808350">
<enum>
(B)
</enum>
<text>
by striking
<quote>
programs established
</quote>
and inserting
<quote>
activities provided to
eligible households
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H8A9E420C240F4D76A7D1FB53180ABCD3">
<enum>
(g)
</enum>
<header>
Minnesota family
investment project
</header>
<text>
Section 22(b)(4) of the Food and Nutrition Act
of 2008 (7 U.S.C.
2031(b)(4)) is amended by striking
<quote>
equivalent to those
offered under the employment and training program
</quote>
.
</text>
</subsection>
</section>
<section id="H44689469EF8446BD9B88F20E1CD30831">
<enum>
404.
</enum>
<header>
Amendments to
section 412 of the Immigration and Nationality Act
</header>
<subsection id="H29D91B5346F84723864DA46E867C6162">
<enum>
(a)
</enum>
<header>
Conditions and
considerations
</header>
<text display-inline="yes-display-inline">
Section 412(a)
of the Immigration and Nationality Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1522">
8 U.S.C. 1522(a)
</external-xref>
) is amended—
</text>
<paragraph id="H6AE171C5975343A3A0FC03D6D4D699AF">
<enum>
(1)
</enum>
<text>
in paragraph
(1)—
</text>
<subparagraph id="H63EAF8142A624208BC99948B370E7437">
<enum>
(A)
</enum>
<text>
in subparagraph
(A)(i), by striking
<quote>
make available sufficient resources for employment
training and placement
</quote>
and inserting
<quote>
provide refugees with the
opportunity to access employment and training services, including job
placement,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA637E6076CC940E0A4B4456E1E24A252">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (B)(ii), by striking
<quote>
services;
</quote>
and inserting
<quote>
services provided through the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.);
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H7A4A807A72904C3FA5734964057F50CB">
<enum>
(2)
</enum>
<text>
in paragraph
(2)(C)(iii)(II), by inserting
<quote>
and training
</quote>
after
<quote>
employment
</quote>
;
</text>
</paragraph>
<paragraph id="HE375AF1390B74C6D85E4233FBCD2DA31">
<enum>
(3)
</enum>
<text>
in paragraph
(6)(A)(ii)—
</text>
<subparagraph id="HD05208ABCB354AE3875A3446B87FF067">
<enum>
(A)
</enum>
<text>
by striking
<quote>
insure
</quote>
and inserting
<quote>
ensure
</quote>
;
</text>
</subparagraph>
<subparagraph id="H3EBC63E06B824CF2A6C0458A73C941C2">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
and training
</quote>
after
<quote>
employment
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H488A9B811DAA4CA28A817E83AFF3DE90">
<enum>
(C)
</enum>
<text>
by inserting after
<quote>
available
</quote>
the following:
<quote>
through the one-stop delivery
system under section 121 of the Workforce Investment Act of 1998
(29 U.S.C.
2841)
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H05B5F222A1F8430896CA5AB1DDEEF178">
<enum>
(4)
</enum>
<text>
in paragraph (9),
by inserting
<quote>
the Secretary of Labor,
</quote>
after
<quote>
Education,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H72DFC3B839164A8AB34C0C883D1A4CF4">
<enum>
(b)
</enum>
<header>
Program of
initial resettlement
</header>
<text>
Section 412(b)(2) of such Act
(8 U.S.C.
1522(b)(2)) is amended—
</text>
<paragraph id="HDA22CD5711BA45C49DED707EEAACFC1A">
<enum>
(1)
</enum>
<text>
by striking
<quote>
orientation, instruction
</quote>
and inserting
<quote>
orientation and
instruction
</quote>
; and
</text>
</paragraph>
<paragraph id="HE2B30210E643494A8768737361CB5496">
<enum>
(2)
</enum>
<text>
by striking
<quote>
, and job training for refugees, and such other education and training
of refugees, as facilitates
</quote>
and inserting
<quote>
for refugees to
facilitate
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HA75DCA704D854F5D915F4B7E4264610B">
<enum>
(c)
</enum>
<header>
Project grants
and contracts for services for refugees
</header>
<text>
Section 412(c) of such
Act (8 U.S.C.
1522(c)) is amended—
</text>
<paragraph id="H7D847575EE674ED48092EF888DF1D5B3">
<enum>
(1)
</enum>
<text>
in paragraph
(1)—
</text>
<subparagraph id="H1A5F1F14246A4709A0C7691CD7AEBB84">
<enum>
(A)
</enum>
<text>
in subparagraph
(A)(i), by inserting
<quote>
and training
</quote>
after
<quote>
employment
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H703B4349138A49E099E8E6EBABEDB2A5">
<enum>
(B)
</enum>
<text>
by striking
subparagraph (C);
</text>
</subparagraph>
</paragraph>
<paragraph id="H7E2BEF70DA5F45A7BBE243AF0C05A66C">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in paragraph (2)(B), by striking
<quote>
paragraph—
</quote>
and all that follows through
<quote>
in a
manner
</quote>
and inserting
<quote>
paragraph in a manner
</quote>
; and
</text>
</paragraph>
<paragraph id="H3FFBA01EF0B94A53A76E38D451B7F5AA">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HEBC0E8D451EA46F48563486CBB9C9927" style="traditional">
<paragraph id="H2F602B70777049F996897E7076D4CEF7" indent="up1">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
In carrying out this section, the Director
shall ensure that employment and training services are provided through the
statewide workforce development system, as appropriate, authorized by the
Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
). Such
action may include—
</text>
<subparagraph id="H980936585CEA495FBEC0F9826B54A872">
<enum>
(A)
</enum>
<text>
making employment and training
services as described under section 134 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864
</external-xref>
)
available to refugees; and
</text>
</subparagraph>
<subparagraph id="HA876D266EA224FA18BFE794143BAEB73">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
providing refugees with access to a
one-stop delivery system under section 121 of such Act (29 U.S.C.
2841).
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H8C2AB1C3960640AAA4846076468E7ED3">
<enum>
(d)
</enum>
<header>
Cash assistance
and medical assistance to refugees
</header>
<text>
Section 412(e) of such Act
(8 U.S.C.
1522(e)) is amended—
</text>
<paragraph id="HE84F97B227B0452C9A90ADC911388320">
<enum>
(1)
</enum>
<text>
in paragraph
(2)(A)(i), by inserting
<quote>
and training
</quote>
after
<quote>
providing
employment
</quote>
; and
</text>
</paragraph>
<paragraph id="H71F50434F9CA47F98E4D66427CF76BCE">
<enum>
(2)
</enum>
<text>
in paragraph (3),
by striking
<quote>
The
</quote>
and inserting
<quote>
Consistent with subsection
(c)(3), the
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section commented="no" id="H81EDFD27619D46518F18378BE2A0E6F8">
<enum>
405.
</enum>
<header>
Amendments
relating to the Second Chance Act of 2007
</header>
<subsection id="HAC59A118A11445D0997CBE0ED9DB2F2B">
<enum>
(a)
</enum>
<header>
Federal Prisoner
Reentry Initiative
</header>
<text display-inline="yes-display-inline">
Section
231 of the Second Chance Act of 2007 (
<external-xref legal-doc="usc" parsable-cite="usc/42/17541">
42 U.S.C. 17541
</external-xref>
) is
amended—
</text>
<paragraph commented="no" id="HF3E48A877C9946878A20B59442C0DBE8">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (a)(1)(E)—
</text>
<subparagraph commented="no" id="H5C0F935E2B5042F3911E72F6FC3DC87D">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
the Department of Labor and
</quote>
before
<quote>
other Federal
agencies
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H2CE8BE55BFA24AEBAD57DE744F66167D">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
State and local workforce investment boards,
</quote>
after
<quote>
community-based organizations,
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HBA371B4DAC75493484F40B24202C866D">
<enum>
(2)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph commented="no" id="H980432CECF2E4EFD800909A3DF27D3EF">
<enum>
(A)
</enum>
<text>
in paragraph (2),
by striking at the end
<quote>
and
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="HF663E58D473C49EB991DD0A5B58C1A23">
<enum>
(B)
</enum>
<text>
in paragraph (3),
by striking at the end the period and inserting
<quote>
; and
</quote>
;
and
</text>
</subparagraph>
<subparagraph commented="no" id="H903831A259904F4FB24945DA29716563">
<enum>
(C)
</enum>
<text>
by adding at the
end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H3322C7F1CF9646219A21C91097B6121B" style="OLC">
<paragraph commented="no" id="HE6150FA153CF4A5681B15C75CD72BDDC">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
to coordinate reentry programs with the
employment and training services provided through the statewide workforce
investment system under subtitle B of title I of the Workforce Investment Act
of 1998 (29 U.S.C.
2811 et seq.).
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HC304B46F240B41FAA6875E291011064D">
<enum>
(3)
</enum>
<text>
in subsection (d),
by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HD46381AF3E0442E9A19DA9AA310FDD86" style="OLC">
<paragraph commented="no" id="H4E74CEA3742B48FB8182F12A1E04C0F9">
<enum>
(6)
</enum>
<header>
Interaction with
the workforce investment system
</header>
<subparagraph commented="no" id="H658ACC1E849E4D83AF72DE967C131965">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
In carrying out this
section, the Director shall ensure that employment and training services,
including such employment and services offered through reentry programs, are
provided, as appropriate, through the statewide workforce investment system
under subtitle B of title I of the Workforce Investment Act of 1998
(29 U.S.C. 2811 et
seq.). Such action may include—
</text>
<clause commented="no" id="H323DA3B06DDD4D848308EC0A29A634BF">
<enum>
(i)
</enum>
<text>
making employment
and training services available to prisoners prior to and immediately following
the release of such prisoners; or
</text>
</clause>
<clause commented="no" id="HEACF056CBF9D408D8EAE6958A5B962F8">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
providing prisoners with access by remote
means to a one-stop delivery system under section 121 of the Workforce
Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
) in the State in
which the prison involved is located.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="HA412901CF32F4B63AD025D4E14148CCF">
<enum>
(B)
</enum>
<header>
Service
defined
</header>
<text display-inline="yes-display-inline">
In this paragraph,
the term
<term>
employment and training services
</term>
means those services
described in section 134 of the Workforce Investment Act of 1998
(29 U.S.C.
2864) offered by the Bureau of Prisons, including—
</text>
<clause commented="no" id="HAEBD78D2A5A64641B119C10AA0777723">
<enum>
(i)
</enum>
<text>
the skills
assessment described in subsection (a)(1)(A);
</text>
</clause>
<clause commented="no" id="H9BBB0B0FFF824360AF2C3BF4325C7BAB">
<enum>
(ii)
</enum>
<text>
the skills
development plan described in subsection (a)(1)(B); and
</text>
</clause>
<clause commented="no" id="HD22FC9AD229444748CCA798D29366074">
<enum>
(iii)
</enum>
<text>
the enhancement,
development, and implementation of reentry and skills development
programs.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" id="HA19E41A6D63048EA8EC63F0A532E86B3">
<enum>
(b)
</enum>
<header>
Duties of the
Bureau of Prisons
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/18/4042">
Section 4042(a)(5)(E)
</external-xref>
of title 18,
United States Code, is amended—
</text>
<paragraph commented="no" id="HC9D35F61FAD24DB0B17E8D453B49760A">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in clause (ii), by striking
<quote>
Employment
</quote>
and inserting
<quote>
Employment and training services
(as defined in paragraph (6) of section 231(d) of the Second Chance Act of
2007), including basic skills attainment, consistent with such
paragraph
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="H56E3E8834B784154A7A925EB22C50527">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by striking clause (iii); and
</text>
</paragraph>
<paragraph commented="no" id="H9265527362E6456A96E57C807407E2F1">
<enum>
(3)
</enum>
<text>
by redesignating
clauses (iv), (v), (vi), and (vii) as clauses (iii), (iv), (v), and (vi),
respectively.
</text>
</paragraph>
</subsection>
</section>
<section id="HDD59B6B45A2E4168BCFB6E7E81F0962D">
<enum>
406.
</enum>
<header>
Amendments to
the Omnibus Crime Control and Safe Streets Act of 1968
</header>
<text display-inline="no-display-inline">
Section 2976 of the Omnibus Crime Control
and Safe Streets Act of 1968 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3797w">
42 U.S.C. 3797w
</external-xref>
) is
amended—
</text>
<paragraph id="H03EBC72CF8134C1CA380885B6158C19E">
<enum>
(1)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H8463136CE7EA4E9AA8AA7C3118806902">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and technical
education (as defined in section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2302">
20 U.S.C. 2302
</external-xref>
)) and
training
</quote>
;
</text>
</subparagraph>
<subparagraph id="H68C42B0A89104DF7AB1F5240BA3689E8">
<enum>
(B)
</enum>
<text>
by redesignating
each of paragraphs (4) through (7) as paragraphs (5) through (8), respectively;
and
</text>
</subparagraph>
<subparagraph id="H68FE2D783CD8411ABCC62B898553C68D">
<enum>
(C)
</enum>
<text>
by inserting after
paragraph (3) the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HDE9FB19B76FF45FFA67700F9F31A6E2A" style="OLC">
<paragraph id="HDEAB617A6302493982876DA9866EDC9A">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
coordinating employment and training
services provided through the statewide workforce investment system under
subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et
seq.), including a one-stop delivery system under section 121
of such Act (29
U.S.C. 2841), for offenders upon release from prison, jail, or
a juvenile facility, as
appropriate;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H4F8728BFCA1F4CCDBDAF4C06334FA985">
<enum>
(2)
</enum>
<text>
in subsection
(d)(2), by inserting
<quote>
, including local workforce investment boards
established under section 117 of the Workforce Investment Act of 1998
(29 U.S.C.
2832),
</quote>
after
<quote>
nonprofit
organizations
</quote>
;
</text>
</paragraph>
<paragraph id="H558864DFE3A5408090AD7E157272B2A5">
<enum>
(3)
</enum>
<text>
in subsection
(e)—
</text>
<subparagraph id="HE84F5D27032A41309976CC568A606A54">
<enum>
(A)
</enum>
<text>
in paragraph (3),
by striking
<quote>
victims services, and employment services
</quote>
and
inserting
<quote>
and victim services
</quote>
;
</text>
</subparagraph>
<subparagraph id="H71E6DDBA28054139A1EDE1A985E66457">
<enum>
(B)
</enum>
<text>
by redesignating
paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
</text>
</subparagraph>
<subparagraph id="H9E093940D0F945F7B9F30F802BE5C375">
<enum>
(C)
</enum>
<text>
by inserting after
paragraph (3) the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H0F9AD79980E94D91B39FB0E357702DB8" style="OLC">
<paragraph id="H92957C81EF3B44648D7B4014D4476ABF">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
provides employment and training services
through the statewide workforce investment system under subtitle B of title I
of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
), including
a one-stop delivery system under section 121 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
);
and
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HCD171D4E49CB41CABF2EA417B249ADF6">
<enum>
(4)
</enum>
<text>
in subsection
(k)—
</text>
<subparagraph id="HD586E5D458EA4ED195171CC23351D9AB">
<enum>
(A)
</enum>
<text>
in paragraph
(1)(A), by inserting
<quote>
, in accordance with paragraph (2)
</quote>
after
<quote>
under this section
</quote>
;
</text>
</subparagraph>
<subparagraph id="HB33D3BF82A6449289995F20F9C7BC55F">
<enum>
(B)
</enum>
<text>
by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
</text>
</subparagraph>
<subparagraph id="HBD43A26F796E41E59D11B27872062172">
<enum>
(C)
</enum>
<text>
by inserting after
paragraph (1) the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HF39877BAC0BF4269B2EC78BEA94F7656" style="OLC">
<paragraph id="HEC8750E1311045E7BD286A85805F1E44">
<enum>
(2)
</enum>
<header>
Employment and
training
</header>
<text display-inline="yes-display-inline">
The Attorney General
shall require each grantee under this section to measure the core indicators of
performance as described in section 136(b)(2)(A) of the Workforce Investment
Act of 1998 (29
U.S.C. 2871(b)(2)(A)) with respect to the program of such
grantee funded with a grant under this
section.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section id="H479747CBAE314158BDBDE33661A4AB31">
<enum>
407.
</enum>
<header>
Conforming
amendments to the United States Code
</header>
<text display-inline="no-display-inline">
Title 38, United States Code, is
amended—
</text>
<paragraph id="H37A491B1DB6741BFB4E4E67F51F4D5E4">
<enum>
(1)
</enum>
<text>
by striking the
item relating to section 4103A and section 4104 in the table of sections at the
beginning of chapter 41 of such title;
</text>
</paragraph>
<paragraph id="H92C2979B93174C168ABC1F12E1012A37">
<enum>
(2)
</enum>
<text>
in section
4102A—
</text>
<subparagraph id="HE01FB1C35ADF489D824150DD3D24AEED">
<enum>
(A)
</enum>
<text>
in subsection
(b)—
</text>
<clause id="H5E528A0D5EA14DDAA6CA69A88A0B8F95">
<enum>
(i)
</enum>
<text>
by
striking paragraphs (5), (6), and (7);
</text>
</clause>
<clause id="H0B1F0E19247747438EB7212EA769D330">
<enum>
(ii)
</enum>
<text>
by
redesignating paragraph (8) as paragraph (5);
</text>
</clause>
</subparagraph>
<subparagraph id="H3B243F75062F45D184A1AA32BF0D8D8C">
<enum>
(B)
</enum>
<text>
by striking
subsections (c) and (h);
</text>
</subparagraph>
<subparagraph id="HA946603AA1AA4BC1ABE2CEE662B08FC0">
<enum>
(C)
</enum>
<text>
by redesignating
subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and
(f);
</text>
</subparagraph>
<subparagraph id="HE37A86B0954E424085AEE239FD55CF27">
<enum>
(D)
</enum>
<text>
in subsection
(e)(1) (as so redesignated)—
</text>
<clause id="H3D37D688C15442029DE6B9A5DB41BE96">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
, including disabled veterans’ outreach program specialists and
local veterans' employment representatives providing employment, training, and
placement services under this chapter in a State
</quote>
; and
</text>
</clause>
<clause id="HA68E0F8C811B489C9F8DA9EEE1C54E28">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
for purposes of subsection (c)
</quote>
.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H7E96738DBAAE4D68825FBC0529E90750">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in section 4109(a), by striking
<quote>
disabled veterans’ outreach program specialists and local veterans’
employment representative
</quote>
and inserting
<quote>
veteran employment
specialists appointed under section 134(f) of the Workforce Investment Act of
1998
</quote>
;
</text>
</paragraph>
<paragraph id="H9D948D621BD94C11B7F886C4D623DC27">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
in section 4109(d)(1), by striking
<quote>
disabled veterans’ outreach program specialists and local veterans’
employment representatives
</quote>
and inserting
<quote>
veteran employment
specialists appointed under section 134(f) of the Workforce Investment Act of
1998
</quote>
;
</text>
</paragraph>
<paragraph id="H787EAA2E58F543C5AC675AC4360A531F">
<enum>
(5)
</enum>
<text>
in section
4112(d)—
</text>
<subparagraph id="H284B642F46F84F1C8FDEDD300C8FA13E">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by striking
<quote>
disabled veterans’ outreach program specialist
</quote>
and
inserting
<quote>
veteran employment specialist appointed under section 134(f)
of the Workforce Investment Act of 1998
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H8DED2ED868604B61858F16BC804362D4">
<enum>
(B)
</enum>
<text>
by striking
paragraph (2) and redesignating paragraph (3) as paragraph (2);
</text>
</subparagraph>
</paragraph>
<paragraph id="H098E3340D8C44527A1286DC5F76701AD">
<enum>
(6)
</enum>
<text>
in section
3672(d)(1), by striking
<quote>
disabled veterans’ outreach program specialists
under section 4103A
</quote>
and inserting
<quote>
veteran employment specialists
appointed under section 134(f) of the Workforce Investment Act of 1998
</quote>
;
and
</text>
</paragraph>
<paragraph id="H653029BD357E48AAA85FAEFE466B6B9C">
<enum>
(7)
</enum>
<text>
in section
4104A—
</text>
<subparagraph id="HF04DDC2708644D56A1B99D62DC34BD30">
<enum>
(A)
</enum>
<text>
in subsection
(b)(1), by striking subparagraph (A) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB7C3076E2C504B25AF44B6A6017273E8" style="USC">
<subparagraph id="H3574E8A489BB405A96B28B15B3A7DC81">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the appropriate veteran employment
specialist (in carrying out the functions described in section 134(f) of the
Workforce Investment Act of 1998);
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H925EC2849C8D4F23AD25E71D2523F318">
<enum>
(B)
</enum>
<text>
in subsection
(c)(1), by striking subparagraph (A) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF8544CBF9C414F47B89272928FEF53BB" style="OLC">
<subparagraph id="H4CC976C86BBD4D8594312E63DB8AADB9">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
collaborate with the appropriate veteran
employment specialist (as described in section 134(f)) and the appropriate
State boards and local boards (as such terms are defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C.
2801));
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section commented="no" id="HA87E688A14A04C99940F028453DEA032">
<enum>
408.
</enum>
<header>
Conforming
amendment to table of contents
</header>
<text display-inline="no-display-inline">
The table of contents in section 1(b) is
amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H52695745E142462A91EA93C6C9EB9DB5" style="OLC">
<toc>
<toc-entry level="section">
Sec. 1. Short title; table of
contents.
</toc-entry>
<toc-entry level="title">
TITLE I—WORKFORCE INVESTMENT
SYSTEMS
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Workforce Investment
Definitions
</toc-entry>
<toc-entry level="section">
Sec. 101. Definitions.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—Statewide and Local Workforce
Investment Systems
</toc-entry>
<toc-entry level="section">
Sec. 106. Purpose.
</toc-entry>
<toc-entry level="chapter">
Chapter 1—State Provisions
</toc-entry>
<toc-entry level="section">
Sec. 111. State workforce investment
boards.
</toc-entry>
<toc-entry level="section">
Sec. 112. State plan.
</toc-entry>
<toc-entry level="chapter">
Chapter 2—Local Provisions
</toc-entry>
<toc-entry level="section">
Sec. 116. Local workforce investment
areas.
</toc-entry>
<toc-entry level="section">
Sec. 117. Local workforce investment
boards.
</toc-entry>
<toc-entry level="section">
Sec. 118. Local plan.
</toc-entry>
<toc-entry level="chapter">
Chapter 3—Workforce Investment Activities
Providers
</toc-entry>
<toc-entry level="section">
Sec. 121. Establishment of one-stop
delivery systems.
</toc-entry>
<toc-entry level="section">
Sec. 122. Identification of eligible
providers of training services.
</toc-entry>
<toc-entry level="section">
Sec. 123. [Repealed].
</toc-entry>
<toc-entry level="chapter">
Chapter 4—[Repealed]
</toc-entry>
<toc-entry level="chapter">
Chapter 5—Employment and Training
Activities
</toc-entry>
<toc-entry level="section">
Sec. 131. General
authorization.
</toc-entry>
<toc-entry level="section">
Sec. 132. State allotments.
</toc-entry>
<toc-entry level="section">
Sec. 133. Within State
allocations.
</toc-entry>
<toc-entry level="section">
Sec. 134. Use of funds for employment and
training activities.
</toc-entry>
<toc-entry level="chapter">
Chapter 6—General Provisions
</toc-entry>
<toc-entry level="section">
Sec. 136. Performance accountability
system.
</toc-entry>
<toc-entry level="section">
Sec. 137. Authorization of
appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle C—Job Corps
</toc-entry>
<toc-entry level="section">
Sec. 141. Purposes.
</toc-entry>
<toc-entry level="section">
Sec. 142. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 143. Establishment.
</toc-entry>
<toc-entry level="section">
Sec. 144. Individuals eligible for the Job
Corps.
</toc-entry>
<toc-entry level="section">
Sec. 145. Recruitment, screening,
selection, and assignment of enrollees.
</toc-entry>
<toc-entry level="section">
Sec. 146. Enrollment.
</toc-entry>
<toc-entry level="section">
Sec. 147. Job Corps centers.
</toc-entry>
<toc-entry level="section">
Sec. 148. Program activities.
</toc-entry>
<toc-entry level="section">
Sec. 149. Counseling and job
placement.
</toc-entry>
<toc-entry level="section">
Sec. 150. Support.
</toc-entry>
<toc-entry level="section">
Sec. 151. Operations.
</toc-entry>
<toc-entry level="section">
Sec. 152. Standards of
conduct.
</toc-entry>
<toc-entry level="section">
Sec. 153. Community
participation.
</toc-entry>
<toc-entry level="section">
Sec. 154. Workforce councils.
</toc-entry>
<toc-entry level="section">
Sec. 155. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 156. Technical assistance to
centers.
</toc-entry>
<toc-entry level="section">
Sec. 157. Application of provisions of
Federal law.
</toc-entry>
<toc-entry level="section">
Sec. 158. Special provisions.
</toc-entry>
<toc-entry level="section">
Sec. 159. Performance accountability and
management.
</toc-entry>
<toc-entry level="section">
Sec. 160. General provisions.
</toc-entry>
<toc-entry level="section">
Sec. 161. Authorization of
appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—National Programs
</toc-entry>
<toc-entry level="section">
Sec. 166. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 167. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 168. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 169. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 170. Technical
assistance.
</toc-entry>
<toc-entry level="section">
Sec. 171. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 172. Evaluations.
</toc-entry>
<toc-entry level="section">
Sec. 173. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 173A. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 174. [Repealed].
</toc-entry>
<toc-entry level="subtitle">
Subtitle E—Administration
</toc-entry>
<toc-entry level="section">
Sec. 181. Requirements and
restrictions.
</toc-entry>
<toc-entry level="section">
Sec. 182. Prompt allocation of
funds.
</toc-entry>
<toc-entry level="section">
Sec. 183. Monitoring.
</toc-entry>
<toc-entry level="section">
Sec. 184. Fiscal controls;
sanctions.
</toc-entry>
<toc-entry level="section">
Sec. 185. Reports; recordkeeping;
investigations.
</toc-entry>
<toc-entry level="section">
Sec. 186. Administrative
adjudication.
</toc-entry>
<toc-entry level="section">
Sec. 187. Judicial review.
</toc-entry>
<toc-entry level="section">
Sec. 188. Nondiscrimination.
</toc-entry>
<toc-entry level="section">
Sec. 189. Administrative
provisions.
</toc-entry>
<toc-entry level="section">
Sec. 190. References.
</toc-entry>
<toc-entry level="section">
Sec. 191. State legislative
authority.
</toc-entry>
<toc-entry level="section">
Sec. 192. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 193. Transfer of Federal equity in
State employment security real property to the States.
</toc-entry>
<toc-entry level="section">
Sec. 194. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 195. General program
requirements.
</toc-entry>
<toc-entry level="section">
Sec. 196. Federal agency
staff.
</toc-entry>
<toc-entry level="section">
Sec. 197. Restrictions on lobbying and
political activities.
</toc-entry>
<toc-entry level="subtitle">
Subtitle F—Repeals and Conforming
Amendments
</toc-entry>
<toc-entry level="section">
Sec. 199. Repeals.
</toc-entry>
<toc-entry level="section">
Sec. 199A. Conforming
amendments.
</toc-entry>
<toc-entry level="title">
TITLE II—ADULT EDUCATION AND FAMILY LITERACY
EDUCATION
</toc-entry>
<toc-entry level="section">
Sec. 201. Short title.
</toc-entry>
<toc-entry level="section">
Sec. 202. Purpose.
</toc-entry>
<toc-entry level="section">
Sec. 203. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 204. Home schools.
</toc-entry>
<toc-entry level="section">
Sec. 205. Authorization of
appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Federal Provisions
</toc-entry>
<toc-entry level="section">
Sec. 211. Reservation of funds; grants to
eligible agencies; allotments.
</toc-entry>
<toc-entry level="section">
Sec. 212. Performance accountability
system.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—State Provisions
</toc-entry>
<toc-entry level="section">
Sec. 221. State
administration.
</toc-entry>
<toc-entry level="section">
Sec. 222. State distribution of funds;
matching requirement.
</toc-entry>
<toc-entry level="section">
Sec. 223. State leadership
activities.
</toc-entry>
<toc-entry level="section">
Sec. 224. State plan.
</toc-entry>
<toc-entry level="section">
Sec. 225. Programs for corrections
education and other institutionalized individuals.
</toc-entry>
<toc-entry level="subtitle">
Subtitle C—Local Provisions
</toc-entry>
<toc-entry level="section">
Sec. 231. Grants and contracts for
eligible providers.
</toc-entry>
<toc-entry level="section">
Sec. 232. Local application.
</toc-entry>
<toc-entry level="section">
Sec. 233. Local administrative cost
limits.
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—General Provisions
</toc-entry>
<toc-entry level="section">
Sec. 241. Administrative
provisions.
</toc-entry>
<toc-entry level="section">
Sec. 242. National activities.
</toc-entry>
<toc-entry level="title">
TITLE III—WORKFORCE INVESTMENT-RELATED
ACTIVITIES
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Wagner-Peyser Act
</toc-entry>
<toc-entry level="section">
Sec. 301. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 302. Functions.
</toc-entry>
<toc-entry level="section">
Sec. 303. Designation of State
agencies.
</toc-entry>
<toc-entry level="section">
Sec. 304. Appropriations.
</toc-entry>
<toc-entry level="section">
Sec. 305. Disposition of allotted
funds.
</toc-entry>
<toc-entry level="section">
Sec. 306. State plans.
</toc-entry>
<toc-entry level="section">
Sec. 307. Repeal of Federal advisory
council.
</toc-entry>
<toc-entry level="section">
Sec. 308. Regulations.
</toc-entry>
<toc-entry level="section">
Sec. 309. Employment
statistics.
</toc-entry>
<toc-entry level="section">
Sec. 310. Technical
amendments.
</toc-entry>
<toc-entry level="section">
Sec. 311. Effective date.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—Linkages With Other
Programs
</toc-entry>
<toc-entry level="section">
Sec. 321. Trade Act of 1974.
</toc-entry>
<toc-entry level="section">
Sec. 322. Veterans' employment
programs.
</toc-entry>
<toc-entry level="section">
Sec. 323. Older Americans Act of
1965.
</toc-entry>
<toc-entry level="subtitle">
Subtitle C—[Repealed]
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—Application of Civil Rights
and Labor-Management Laws to the Smithsonian Institution
</toc-entry>
<toc-entry level="section">
Sec. 341. Application of civil rights and
labor-management laws to the Smithsonian Institution.
</toc-entry>
<toc-entry level="title">
TITLE IV—REHABILITATION ACT AMENDMENTS OF
1998
</toc-entry>
<toc-entry level="section">
Sec. 401. Short title.
</toc-entry>
<toc-entry level="section">
Sec. 402. Title.
</toc-entry>
<toc-entry level="section">
Sec. 403. General provisions.
</toc-entry>
<toc-entry level="section">
Sec. 404. Vocational rehabilitation
services.
</toc-entry>
<toc-entry level="section">
Sec. 405. Research and
training.
</toc-entry>
<toc-entry level="section">
Sec. 406. Professional development and
special projects and demonstrations.
</toc-entry>
<toc-entry level="section">
Sec. 407. National Council on
Disability.
</toc-entry>
<toc-entry level="section">
Sec. 408. Rights and advocacy.
</toc-entry>
<toc-entry level="section">
Sec. 409. Employment opportunities for
individuals with disabilities.
</toc-entry>
<toc-entry level="section">
Sec. 410. Independent living services and
centers for independent living.
</toc-entry>
<toc-entry level="section">
Sec. 411. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 412. Helen Keller National Center
Act.
</toc-entry>
<toc-entry level="section">
Sec. 413. President's Committee on
Employment of People With Disabilities.
</toc-entry>
<toc-entry level="section">
Sec. 414. Conforming
amendments.
</toc-entry>
<toc-entry level="title">
TITLE V—GENERAL PROVISIONS
</toc-entry>
<toc-entry level="section">
Sec. 501. State unified plan.
</toc-entry>
<toc-entry level="section">
Sec. 502. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 503. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 504. Privacy.
</toc-entry>
<toc-entry level="section">
Sec. 505. Buy-American
requirements.
</toc-entry>
<toc-entry level="section">
Sec. 506. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 507. Effective
date.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</title>
<title id="H50B8C6190CFC49AE93F3192487F49951">
<enum>
V
</enum>
<header>
AMENDMENTS TO THE
REHABILITATION ACT OF 1973
</header>
<section id="HC22C8C5CF113484B8C604FB6D0B119CD">
<enum>
501.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
Section 2(a) of the Rehabilitation Act of
1973 (29 U.S.C.
701(a)) is amended—
</text>
<paragraph id="H3760D54ED4F44E5DAA4F03DF8472793E">
<enum>
(1)
</enum>
<text>
in paragraph (5),
by striking
<quote>
and
</quote>
at the end;
</text>
</paragraph>
<paragraph id="HE83FB107546A46D9BB5BB2DFF69157CF">
<enum>
(2)
</enum>
<text>
in paragraph (6),
by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="H9A5CFC81911A4863A5231FC847C1B375">
<enum>
(3)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H238CC78EFC784CB9B6B409FEF2B73A8F" style="OLC">
<paragraph id="H6A9B304AEB924545ACA88B8E3AF944D1">
<enum>
(7)
</enum>
<text>
there is a
substantial need to improve and expand services for students with disabilities
under this
Act.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HB349E2D2A53F4488B5B7EA505D1C5A8A">
<enum>
502.
</enum>
<header>
Rehabilitation
services administration
</header>
<subsection id="H77EE6F3092274FFDB74B239BF650DF48">
<enum>
(a)
</enum>
<header>
Rehabilitation
services administration
</header>
<text>
The Rehabilitation Act of 1973
(29 U.S.C. 701 et
seq.) is amended—
</text>
<paragraph id="H73030AD3DAD7455FB63C2FA90D1355C5">
<enum>
(1)
</enum>
<text>
in section 3(a)
(29 U.S.C.
702(a))—
</text>
<subparagraph id="HFCD7E6609B4D4B4088D79E8A8639E598">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Office of the Secretary
</quote>
and inserting
<quote>
Department of
Education
</quote>
;
</text>
</subparagraph>
<subparagraph id="H31AD60A154834C19A90B6E0BB5C98D69">
<enum>
(B)
</enum>
<text>
by striking
<quote>
President by and with the advice and consent of the Senate
</quote>
and
inserting
<quote>
Secretary
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HC0EF557B54944E8D9DEE6627856B883E">
<enum>
(C)
</enum>
<text>
by striking
<quote>
, and the Commissioner shall be the principal officer,
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HD128CB3FA62C4C33BA7E68B1A066019F">
<enum>
(2)
</enum>
<text>
by striking
<quote>
Commissioner
</quote>
each place it appears (except in section 21) and
inserting
<quote>
Director
</quote>
;
</text>
</paragraph>
<paragraph id="H1DEDBB40C7F443C38B0AA9D43589DEF7">
<enum>
(3)
</enum>
<text>
in section 12(c)
(29 U.S.C.
709), by striking
<quote>
Commissioner’s
</quote>
and inserting
<quote>
Director’s
</quote>
;
</text>
</paragraph>
<paragraph id="H2BDE053367C341E0914E3C38DCFF9EAB">
<enum>
(4)
</enum>
<text>
in the heading for
subparagraph (B) of section 100(d)(2), by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
commissioner
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
director
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="HB80274155D0A4E989689326FE76BA7D2">
<enum>
(5)
</enum>
<text>
in the heading for
section 706, by striking
<quote>
<header-in-text level="section" style="OLC">
commissioner
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
director
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="H20B6696F2EF94B9A8EA0A8DF4CF0F08E">
<enum>
(6)
</enum>
<text>
in the heading for
paragraph (3) of section 723(a), by striking
<quote>
<header-in-text level="paragraph" style="OLC">
commissioner
</header-in-text>
</quote>
and
inserting
<quote>
<header-in-text level="paragraph" style="OLC">
director
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="HC0E09F68701A4CDD935DE27C6B49E290">
<enum>
(7)
</enum>
<text>
in section 21
(29 U.S.C.
718)—
</text>
<subparagraph id="H9773AD7DAB8A4D279561EE754945EEEB">
<enum>
(A)
</enum>
<text>
in subsection
(b)(1)—
</text>
<clause id="H09D9C1C9D00E474CBFB47C43073E6FEF">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
Commissioner
</quote>
the first place it appears and inserting
<quote>
Director of the Rehabilitation Services Administration
</quote>
;
</text>
</clause>
<clause id="H1F77EFDB59864884B138848350F7C740">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
(referred to in this subsection as the
<quote>
Director
</quote>
)
</quote>
; and
</text>
</clause>
<clause id="H9027BB6E4992461E97603986FF59B867">
<enum>
(iii)
</enum>
<text>
by
striking
<quote>
The Commissioner and the Director
</quote>
and inserting
<quote>
Both such Directors
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H03BA03DA410E4B61AF79A81C55B64E62">
<enum>
(B)
</enum>
<text>
by striking
<quote>
the Commissioner and the Director
</quote>
each place it appears and
inserting
<quote>
both such Directors
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H212F5226F58F46DEA98140FEB3A1E8CC">
<enum>
(b)
</enum>
<header>
Effective date;
application
</header>
<text>
The amendments made by subsection (a) shall—
</text>
<paragraph id="H9F1201A87A2D4E13BE92BF3E2FF8F232">
<enum>
(1)
</enum>
<text>
take effect on the
date of the enactment of this Act; and
</text>
</paragraph>
<paragraph id="HEE0E2C6575A9427DA68A83A9B8519C94">
<enum>
(2)
</enum>
<text>
apply with respect
to the appointments of Directors of the Rehabilitation Services Administration
made on or after the date of enactment of this Act, and the Directors so
appointed.
</text>
</paragraph>
</subsection>
</section>
<section id="H9340458489404FAF9EEC3F1B12B3B909">
<enum>
503.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 7 of the Rehabilitation Act of 1973
(29 U.S.C.
705) is amended—
</text>
<paragraph id="HDA4C56B8F959437492C81FC48345A77F">
<enum>
(1)
</enum>
<text>
by redesignating
paragraphs (35) through (39) as paragraphs (36) through (40),
respectively;
</text>
</paragraph>
<paragraph id="H4FB66CCA56344BB8AE91E27BB166F266">
<enum>
(2)
</enum>
<text>
in subparagraph
(A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking
<quote>
paragraph (36)(C)
</quote>
and inserting
<quote>
paragraph
(37)(C)
</quote>
; and
</text>
</paragraph>
<paragraph id="HD8FBBBD5C69E4C7CAE4FDB7C9FF6920F">
<enum>
(3)
</enum>
<text>
by inserting after
paragraph (34) the following:
</text>
<quoted-block id="HE0B53730535A4B66A47EFB05C9C55EA3" style="OLC">
<paragraph id="H890675191159482889F1731E99BC754C">
<enum>
(35)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H949D1CC6594344E49AE60F437BCCEE85">
<enum>
(A)
</enum>
<text>
The term
<term>
student
with a disability
</term>
means an individual with a disability who—
</text>
<clause id="H17D4C1277FFA4FC485A49886C829F512">
<enum>
(i)
</enum>
<text>
is
not younger than 16 and not older than 21;
</text>
</clause>
<clause id="HB4691E65941340149B8469F19B7F5A93">
<enum>
(ii)
</enum>
<text>
has been
determined to be eligible under section 102(a) for assistance under this title;
and
</text>
</clause>
<clause id="H48B61AF77C3747B1ADC967A95BE8DB3C">
<enum>
(iii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H215A1FF4F16B4EBBA9810A4A2F22ACFA">
<enum>
(I)
</enum>
<text>
is eligible for, and is
receiving, special education under part B of the Individuals with Disabilities
Education Act (20
U.S.C. 1411 et seq.); or
</text>
</subclause>
<subclause id="HE7A5CE48CFAD4A2E94D15CA3873C185E" indent="up1">
<enum>
(II)
</enum>
<text>
is an individual with a disability, for
purposes of section 504.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H9BA8082F12024BE69AE1EBC6649FEAD7" indent="up1">
<enum>
(B)
</enum>
<text>
The term
<term>
students with
disabilities
</term>
means more than 1 student with a
disability.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H2DD816876AFC4C66B7E527CAAECFCA6B">
<enum>
504.
</enum>
<header>
State
plan
</header>
<text display-inline="no-display-inline">
Section 101(a) of the
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(a)
</external-xref>
) is amended—
</text>
<paragraph id="HA668D2F93F74409FA7BFE4F6FEFFEFF0">
<enum>
(1)
</enum>
<text>
in paragraph
(10)(B) by striking
<quote>
on the eligible individuals
</quote>
and all that
follows through
<quote>
section 136(d)(2)
</quote>
and inserting
<quote>
of
information necessary to assess the State’s performance on the core indicators
of performance described in section 136(b)(2)(A)
</quote>
;
</text>
</paragraph>
<paragraph id="HCF0D8BF1D47A42748B12B64E2CA87AF6">
<enum>
(2)
</enum>
<text>
in paragraph
(11)—
</text>
<subparagraph id="HEF25D159187344C08C7503A1DC099DC7">
<enum>
(A)
</enum>
<text>
in subparagraph
(D)(i), by inserting before the semicolon the following:
<quote>
, which may be
provided using alternative means of meeting participation (such as video
conferences and conference calls)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HB90578F37AEA4A378CD4433A4458D31E">
<enum>
(B)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="HD901D6C656B84176A7E367C8C97946A8" style="OLC">
<subparagraph id="H1CEB134E45FD4F718A182C59036EE6B7">
<enum>
(G)
</enum>
<header>
Coordination
with assistive technology programs
</header>
<text>
The State plan shall include
an assurance that the designated State unit and the lead agency or implementing
entity responsible for carrying out duties under the Assistive Technology Act
of 1998 (29 U.S.C.
3001 et seq.) have developed working relationships and
coordinate their
activities.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HE04B1D84C4074E52B5E580A13659C9A2">
<enum>
(3)
</enum>
<text>
in paragraph
(15)—
</text>
<subparagraph id="H297E076FF6BD4AA88851C88188077764">
<enum>
(A)
</enum>
<text>
in subparagraph
(A)—
</text>
<clause id="H570E3491EFA447E9B715FFFE16261A3F">
<enum>
(i)
</enum>
<text>
in
clause (i)—
</text>
<subclause id="HE3680873B9664B7985383C6DE2D52FC9">
<enum>
(I)
</enum>
<text>
in subclause (II),
by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
<subclause id="H817DB4FB3B214689A0977CAD60E21E72">
<enum>
(II)
</enum>
<text>
in subclause
(III), by adding
<quote>
and
</quote>
at the end; and
</text>
</subclause>
<subclause id="H60AF6D1631EC4BBB92252E55ACEC76A0">
<enum>
(III)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="HB07DAB1019A34DCFBB1FA714B38F4712" style="OLC">
<subclause id="HEEF74D65120640AC952261E0A7257A0F">
<enum>
(IV)
</enum>
<text>
students with
disabilities, including their need for transition
services;
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="H0AF528A2EDF146CBAD4D3C7C194C92FB">
<enum>
(ii)
</enum>
<text>
by
redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively;
and
</text>
</clause>
<clause id="H0E6084745E704109822B9F7573A976D2">
<enum>
(iii)
</enum>
<text>
by
inserting after clause (i) the following:
</text>
<quoted-block id="H4AB5BBC6464743729A9ECCC1C2D74202" style="OLC">
<clause id="H3CDF584239984C969CB43BE3CD3425EE">
<enum>
(ii)
</enum>
<text>
include an
assessment of the transition services provided under this Act, and coordinated
with transition services under the Individuals with Disabilities Education Act,
as to those services meeting the needs of individuals with
disabilities;
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HAB034CAEFBAC48E29D9D51D5BA3A35CA">
<enum>
(B)
</enum>
<text>
in subparagraph
(D)—
</text>
<clause id="H8C74AA1967C244C9B6359E7785CE94AC">
<enum>
(i)
</enum>
<text>
by
redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi),
respectively; and
</text>
</clause>
<clause id="H2C5F6FD858E84042B1B642A58357B20F">
<enum>
(ii)
</enum>
<text>
by
inserting after clause (ii) the following:
</text>
<quoted-block id="H4B438962D41140359CB5D73EDBFF7100" style="OLC">
<clause id="H19C1D09F88E645F6983F9835292852CE">
<enum>
(iii)
</enum>
<text>
the methods to
be used to improve and expand vocational rehabilitation services for students
with disabilities, including the coordination of services designed to
facilitate the transition of such students from the receipt of educational
services in school to the receipt of vocational rehabilitation services under
this title or to postsecondary education or
employment;
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H838063C9A2474D98BFA4FC322EEBCA8A">
<enum>
(4)
</enum>
<text>
in paragraph
(22)—
</text>
<subparagraph id="H6478B51FD06C4DA0852AE21256775F9F">
<enum>
(A)
</enum>
<text>
by striking
<quote>
carrying out part B of title VI, including
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H3F1B9F4B99FD467F9A7A513ABD30EE8D">
<enum>
(B)
</enum>
<text>
by striking
<quote>
that part to supplement funds made available under part B
of
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HC693B1F2C39D463A8E5AD6D59562879B">
<enum>
(5)
</enum>
<text>
in paragraph
(24)(A), by striking
<quote>
part A of title VI
</quote>
and inserting
<quote>
section 109A
</quote>
; and
</text>
</paragraph>
<paragraph id="H1630FED75DC04D15A12763F019549C00">
<enum>
(6)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H9DF395ECA5484BF0A88B0D860EC3D536" style="OLC">
<paragraph id="H2F5DEC0B580142FE82B3BE0890BAB55B">
<enum>
(25)
</enum>
<header>
Collaboration
with industry
</header>
<text>
The State plan shall describe how the designated
State agency will carry out the provisions of section 109A, including—
</text>
<subparagraph id="HC80FDD07C3D6484888BF169E3AB4CC2B">
<enum>
(A)
</enum>
<text>
the criteria such
agency will use to award grants under such section; and
</text>
</subparagraph>
<subparagraph id="HFE2DA3E7576F478F883A4961F4076348">
<enum>
(B)
</enum>
<text>
how the activities
carried out under such grants will be coordinated with other services provided
under this title.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1496DEE15CF8409092D6E0175C4AEE26">
<enum>
(26)
</enum>
<header>
Services for
students with disabilities
</header>
<text>
The State plan shall provide an
assurance satisfactory to the Secretary that the State—
</text>
<subparagraph id="H0FC59172EA8B4F25AB97DBAF1F4F6275">
<enum>
(A)
</enum>
<text>
has developed and
implemented strategies to address the needs identified in the assessment
described in paragraph (15), and achieve the goals and priorities identified by
the State, to improve and expand vocational rehabilitation services for
students with disabilities on a statewide basis in accordance with paragraph
(15); and
</text>
</subparagraph>
<subparagraph id="H968075F048624C68B639F4142EA1F558">
<enum>
(B)
</enum>
<text>
from funds
reserved under section 110A, shall carry out programs or activities designed to
improve and expand vocational rehabilitation services for students with
disabilities that—
</text>
<clause id="HEA4C4F0B5E214F8F9E0BD6EC9A9FDB92">
<enum>
(i)
</enum>
<text>
facilitate the
transition of students with disabilities from the receipt of educational
services in school, to the receipt of vocational rehabilitation services under
this title, including, at a minimum, those services specified in the
interagency agreement required in paragraph (11)(D);
</text>
</clause>
<clause id="H4DF578509B9F4EEB8A3A1493DE8F59DC">
<enum>
(ii)
</enum>
<text>
improve the
achievement of post-school goals of students with disabilities, including
improving the achievement through participation (as appropriate when career
goals are discussed) in meetings regarding individualized education programs
developed under section 614 of the Individuals with Disabilities Education Act
(20 U.S.C.
1414);
</text>
</clause>
<clause id="H68CBB57DDD0A4C4DBC5E569ECBDAC284">
<enum>
(iii)
</enum>
<text>
provide career
guidance, career exploration services, job search skills and strategies, and
technical assistance to students with disabilities;
</text>
</clause>
<clause id="HF8482CBD8ECB45C19CDF3EFBBE5EE9C0">
<enum>
(iv)
</enum>
<text>
support the
provision of training and technical assistance to State and local educational
agencies and designated State agency personnel responsible for the planning and
provision of services to students with disabilities; and
</text>
</clause>
<clause id="H1C14F623414F4F198A1A919EBCC0C622">
<enum>
(v)
</enum>
<text>
support outreach
activities to students with disabilities who are eligible for, and need,
services under this
title.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H65ED21D289DB48728A986973FFE71793">
<enum>
505.
</enum>
<header>
Scope of
services
</header>
<text display-inline="no-display-inline">
Section 103 of the
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/723">
29 U.S.C. 723
</external-xref>
) is amended—
</text>
<paragraph id="H30ABDC0E20084B769C1849D00C819AE7">
<enum>
(1)
</enum>
<text>
in subsection (a),
by striking paragraph (15) and inserting the following:
</text>
<quoted-block id="HB4EE4C6E0BDB49E2B12E6E0DE0D052ED" style="OLC">
<paragraph id="H7535E11010CD4AFAA353EAC853BD98C3">
<enum>
(15)
</enum>
<text>
transition
services for students with disabilities, that facilitate the achievement of the
employment outcome identified in the individualized plan for employment,
including services described in clauses (i) through (iii) of section
101(a)(26)(B);
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H45F0ABAA5C8B4F5B8B09E6801F6D4D8C">
<enum>
(2)
</enum>
<text>
in subsection (b),
by striking paragraph (6) and inserting the following:
</text>
<quoted-block id="HFA286E8217C44B7DBD615F3E6D9B3B84" style="OLC">
<paragraph id="H46DAEC2FA19B4C60A2713194C9429401">
<enum>
(6)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H8DCB156FC5384FD69DE4033B139D6ECA">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H849A08B7935B4C57A1AFE18E8752B863">
<enum>
(i)
</enum>
<text>
Consultation and
technical assistance services to assist State and local educational agencies in
planning for the transition of students with disabilities from school to
post-school activities, including employment.
</text>
</clause>
<clause id="H849E6D25985F4FD88127EDE50DA2C1F7" indent="up2">
<enum>
(ii)
</enum>
<text>
Training and technical assistance
described in section 101(a)(26)(B)(iv).
</text>
</clause>
</subparagraph>
<subparagraph id="H62E11B519A3B4BE19F6FA5757B643AE0" indent="up1">
<enum>
(B)
</enum>
<text>
Services for groups of individuals
with disabilities who meet the requirements of clauses (i) and (iii) of section
7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of
section 101(a)(26)(B), to assist in the transition from school to post-school
activities.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H4CB318D732FE4064BF488E7F7AC6C05D">
<enum>
(3)
</enum>
<text>
in subsection (b)
by inserting at the end, the following:
</text>
<quoted-block id="H07191F9162CC4E2582243B0A74C2AC2D" style="OLC">
<paragraph id="H642CE9AED7DD4D929C9AE4323821FE08">
<enum>
(7)
</enum>
<text>
The establishment,
development, or improvement of assistive technology demonstration, loan,
reutilization, or financing programs in coordination with activities authorized
under the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3001">
29 U.S.C. 3001
</external-xref>
) to promote access
to assistive technology for individuals with disabilities and
employers.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HF4B1A7E424574F0BA7B22E97166948E5">
<enum>
506.
</enum>
<header>
Standards and
indicators
</header>
<text display-inline="no-display-inline">
Section 106 of the
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/726">
29 U.S.C. 726(a)
</external-xref>
) is amended—
</text>
<paragraph id="HB3A4D50C759A4731A006F74585B94DF7">
<enum>
(1)
</enum>
<text>
by striking
subsection (a) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HDC538E887CEE4C0AB30E01E0788F0F97" style="OLC">
<subsection id="H19E5A048015646A6959AF3D112125F0F">
<enum>
(a)
</enum>
<header>
Standards and
indicators
</header>
<text display-inline="yes-display-inline">
The performance
standards and indicators for the vocational rehabilitation program carried out
under this title—
</text>
<paragraph id="H70302BD2E95A41D58CB291E6EAC7DCB9">
<enum>
(1)
</enum>
<text>
shall be subject
to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act
of 1998; and
</text>
</paragraph>
<paragraph id="HFDD35A188D784A9DA75104D8C757177D">
<enum>
(2)
</enum>
<text>
may, at a State’s
discretion, include additional indicators identified in the State plan
submitted under section 101.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HA6B1914E28014A049AC412EB738F8BE2">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in subsection (b)(2)(B), by striking clause
(i) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA27C8E43221F49B4AB21AEAD9828703F" style="OLC">
<clause id="H426ACE6730854F0D852A6ADC24DA422E">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
on a biannual basis, review the program
improvement efforts of the State and, if the State has not improved its
performance to acceptable levels, as determined by the Director, direct the
State to make revisions to the plan to improve performance;
and
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H6810DF66D018435BAF2C0B530128F56B">
<enum>
507.
</enum>
<header>
Collaboration
with industry
</header>
<text display-inline="no-display-inline">
The
Rehabilitation Act of 1973 is amended by inserting after section 109
(29 U.S.C.
729) the following:
</text>
<quoted-block id="HE37733A8D7704CD8AD23761B80D6A02D" style="OLC">
<section id="H8BD0BD5DD4F341F28AC8653AE3130CEC">
<enum>
109A.
</enum>
<header>
Collaboration
with industry
</header>
<subsection id="HB4991D8D8B9D414A8B79C1F7A7B9BF38">
<enum>
(a)
</enum>
<header>
Authority
</header>
<text>
A
State shall use not less than one-half of one percent of the payment the State
receives under section 111 for a fiscal year to award grants to eligible
entities to create practical job and career readiness and training programs,
and to provide job placements and career advancement.
</text>
</subsection>
<subsection id="H068ECFF8C2AD499AB238478AED48BA50">
<enum>
(b)
</enum>
<header>
Application
</header>
<text>
To
receive a grant under this section, an eligible entity shall submit an
application to a designated State agency at such time, in such manner, and
containing such information as such agency shall require. Such application
shall include, at a minimum—
</text>
<paragraph id="H44232889261043DCAC02D11A37051364">
<enum>
(1)
</enum>
<text>
a plan for
evaluating the effectiveness of the program;
</text>
</paragraph>
<paragraph id="H4911405D7D16426AA060567CE4B858F1">
<enum>
(2)
</enum>
<text>
a plan for
collecting and reporting the data and information described under subparagraphs
(A) through (C) of section 101(a)(10), as determined appropriate by the
designated State agency; and
</text>
</paragraph>
<paragraph id="HA9D462AF288C4992A1AE3C9F9C9CC297">
<enum>
(3)
</enum>
<text>
a plan for
providing for the non-Federal share of the costs of the program.
</text>
</paragraph>
</subsection>
<subsection id="H881136D4A5924142976D5BAEF5D08C18">
<enum>
(c)
</enum>
<header>
Activities
</header>
<text>
An
eligible entity receiving a grant under this section shall use the grant funds
to carry out a program that provides one or more of the following:
</text>
<paragraph id="H5D248B52B1564B7EA3875D798BB38872">
<enum>
(1)
</enum>
<text>
Job development,
job placement, and career advancement services for individuals with
disabilities.
</text>
</paragraph>
<paragraph id="HD46D06708124410D8EFEA669DEF23993">
<enum>
(2)
</enum>
<text>
Training in
realistic work settings in order to prepare individuals with disabilities for
employment and career advancement in the competitive market.
</text>
</paragraph>
<paragraph id="H67A669B9C0484077A323BFB0111F225A">
<enum>
(3)
</enum>
<text>
Providing
individuals with disabilities with such support services as may be required in
order to maintain the employment and career advancement for which the
individuals have received training.
</text>
</paragraph>
</subsection>
<subsection id="H07C40D36F50F405FA8C758C912FBADD0">
<enum>
(d)
</enum>
<header>
Awards
</header>
<text>
Grants
under this section shall—
</text>
<paragraph id="H3DE9D9D350E94DDCAA4FACE3A3218A48">
<enum>
(1)
</enum>
<text>
be awarded for a
period not to exceed 5 years; and
</text>
</paragraph>
<paragraph id="H5AEB70DD5CD949109F8BA93E0FA5EF95">
<enum>
(2)
</enum>
<text>
be awarded
competitively.
</text>
</paragraph>
</subsection>
<subsection id="HB3053E82C5FF4ADCBA1AB261133F413F">
<enum>
(e)
</enum>
<header>
Eligible entity
defined
</header>
<text>
For the purposes of this section, the term
<term>
eligible
entity
</term>
means a for-profit business, alone or in partnership with one or
more of the following:
</text>
<paragraph id="H2E65F295CD80408BA46C5734C95B2A91">
<enum>
(1)
</enum>
<text>
Community
rehabilitation program providers.
</text>
</paragraph>
<paragraph id="H88F5B74836FA4A9C92472FEEB91D9819">
<enum>
(2)
</enum>
<text>
Indian
tribes.
</text>
</paragraph>
<paragraph id="H986A7BEF78F6416899C8D4AAA47B2AAD">
<enum>
(3)
</enum>
<text>
Tribal
organizations.
</text>
</paragraph>
</subsection>
<subsection id="HC53CFA4721884A54B95159EAAC0030A4">
<enum>
(f)
</enum>
<header>
Federal
share
</header>
<text>
The Federal share of a program under this section shall not
exceed 80 percent of the costs of the program.
</text>
</subsection>
<subsection id="HCAA188B67F9646D7B40DF3D4BB4B563E">
<enum>
(g)
</enum>
<header>
Eligibility for
services
</header>
<text>
An individual shall be eligible for services provided
under a program under this section if the individual is determined under
section 102(a)(1) to be eligible for assistance under this
title.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H5009510B96A74465ADB855201F8C8270">
<enum>
508.
</enum>
<header>
Reservation for
expanded transition services
</header>
<text display-inline="no-display-inline">
The Rehabilitation Act of 1973 is amended by
inserting after section 110 (
<external-xref legal-doc="usc" parsable-cite="usc/29/730">
29 U.S.C. 730
</external-xref>
) the following:
</text>
<quoted-block id="HD60E895B8D584B7EA2B63570F4EE253A" style="OLC">
<section id="H826CBAD1D8D242778653DE423EEE16FF">
<enum>
110A.
</enum>
<header>
Reservation
for expanded transition services
</header>
<text display-inline="no-display-inline">
Each State shall reserve not less than 10
percent of the funds allotted to the State under section 110(a) to carry out
programs and activities under sections 101(a)(26)(B) and
103(b)(6).
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HF9C6F7E9A48C4C238B229138C8832218">
<enum>
509.
</enum>
<header>
Client
assistance program
</header>
<text display-inline="no-display-inline">
Section
112(e)(1) of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732(e)(1)
</external-xref>
) is amended by
redesignating subparagraph (D) as subparagraph (E) and inserting after
subparagraph (C) the following:
</text>
<quoted-block id="HA9081FEDA62146E2AA36E68B8E8BBD58" style="OLC">
<subparagraph id="H5E554C459A284B11B1EF690DB83BBADC">
<enum>
(D)
</enum>
<text>
The Secretary
shall make grants to the protection and advocacy system serving the American
Indian Consortium to provide services in accordance with this section. The
amount of such grants shall be the same as provided to territories under this
subsection.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HA666B08EA7F44F9DA1FAB659AFB2ACCD">
<enum>
510.
</enum>
<header>
Title III
amendments
</header>
<text display-inline="no-display-inline">
Title III of the
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/771">
29 U.S.C. 771 et seq.
</external-xref>
) is
amended—
</text>
<paragraph id="HA9B5B9428BE349A586A6E6B5323A5033">
<enum>
(1)
</enum>
<text>
in section
301(a)—
</text>
<subparagraph id="H2FB8A89D08E1419EA157AFFBA845B62F">
<enum>
(A)
</enum>
<text>
in paragraph (2),
by inserting
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="H4895F14289B342B9A0F9944D2683AF21">
<enum>
(B)
</enum>
<text>
by striking
paragraphs (3) and (4); and
</text>
</subparagraph>
<subparagraph id="H27C9CDE9C72D46019298C0AE720152A4">
<enum>
(C)
</enum>
<text>
by redesignating
paragraph (5) as paragraph (3);
</text>
</subparagraph>
</paragraph>
<paragraph id="H4EA70719633B471A99C24A11863FA3C2">
<enum>
(2)
</enum>
<text>
in section
302(g)—
</text>
<subparagraph id="H6531E5B25BDF4A85A99A2032726D5792">
<enum>
(A)
</enum>
<text>
in the heading, by
striking
<quote>
<header-in-text level="subsection" style="OLC">
And In-Service
Training
</header-in-text>
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HCC9C745C35C042E2982065F3064D238A">
<enum>
(B)
</enum>
<text>
by striking
paragraph (3);
</text>
</subparagraph>
</paragraph>
<paragraph id="H9EDF5D39DD184BE5B8678F9ADDBD2573">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in section 303(c)—
</text>
<subparagraph id="HF01FAB92BEEB4BA78D78E6CEE891972C">
<enum>
(A)
</enum>
<text>
in paragraph
(4)—
</text>
<clause id="H91AB9A4BD19F40708D4AFD08C75EF73C">
<enum>
(i)
</enum>
<text>
by
amending subparagraph (A)(ii) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H7604296459024F1B91C25FA7D16DCDB7" style="OLC">
<clause id="H5039B60A36DF462D85C5731744CA0E38">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
to coordinate and work closely with the
parent training and information centers established pursuant to section 671 of
the Individuals with Disabilities Education Act, the community parent resource
centers established pursuant to section 672 of such Act, and the eligible
entities receiving awards under section 673 of such Act;
and
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H8F2EB3B0B13C4F4AA13348C0FF8DDF29">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (C), by inserting
<quote>
,
and demonstrate the capacity for serving,
</quote>
after
<quote>
serve
</quote>
;
and
</text>
</clause>
</subparagraph>
<subparagraph id="H1C6BEF4D56D14A97873C7CDA6DE2DD57">
<enum>
(B)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5B86A75757C74E25A6B6A67C1CEF6864" style="OLC">
<paragraph commented="no" id="H176F1AD95F394600817B88C7D2526CE5">
<enum>
(8)
</enum>
<header>
Reservation
</header>
<text display-inline="yes-display-inline">
From the amount appropriated to carry out
this subsection for a fiscal year, 20 percent of such amount or $500,000,
whichever is less, shall be reserved to carry out paragraph
(6).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H5FCC023A366F41C5A0F0AD643A54C3CD">
<enum>
(4)
</enum>
<text>
by striking
sections 304 and 305; and
</text>
</paragraph>
<paragraph id="HDB4BB3294C8444DEB2C44148E281EBA8">
<enum>
(5)
</enum>
<text>
by redesignating
section 306 as section 304.
</text>
</paragraph>
</section>
<section id="H9C2DD2089E244E2EA21E28DDB5005A57">
<enum>
511.
</enum>
<header>
Repeal of title
VI
</header>
<text display-inline="no-display-inline">
The Rehabilitation Act of
1973 (29 U.S.C. 701
et seq.) is amended by repealing title VI.
</text>
</section>
<section id="H02A338DC95D44BE4836A2B547C54ABAB">
<enum>
512.
</enum>
<header>
Chairperson
</header>
<text display-inline="no-display-inline">
Section 705(b)(5) of the Rehabilitation Act
of 1973 (29 U.S.C.
796d(b)(5)) is amended to read as follows:
</text>
<quoted-block id="H4E4D29902F61484BBEB23D3C3FA32D96" style="OLC">
<paragraph id="H6F68E5EAD7B6425BB0152E60D195C1E0">
<enum>
(5)
</enum>
<header>
Chairperson
</header>
<text>
The
Council shall select a chairperson from among the voting membership of the
Council.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H4A06DFA89EB44AFEAC829BAEB744CCC0">
<enum>
513.
</enum>
<header>
Authorizations
of appropriations
</header>
<text display-inline="no-display-inline">
The
Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
) is further
amended—
</text>
<paragraph id="H11DAE6BAED954A4E9487512393EC52D2">
<enum>
(1)
</enum>
<text>
in section
100(b)(1) (29 U.S.C.
720(b)(1)), by striking
<quote>
such sums as may be necessary
for fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$3,121,712,000
for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="H33E9B21578494DEBAB04D339F0B31167">
<enum>
(2)
</enum>
<text>
in section 110(c)
(29 U.S.C.
730(c)), by amending paragraph (2) to read as follows:
</text>
<quoted-block id="H7F24F736C56443DAAD9E3C657C734E93" style="OLC">
<paragraph id="HED94B55EB87A4556B686EFC370E93BC6">
<enum>
(2)
</enum>
<text>
The sum referred
to in paragraph (1) shall be, as determined by the Secretary, not less than 1
percent and not more than 1.5 percent of the amount referred to in paragraph
(1) for each of fiscal years 2014 through
2020.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H7AE448C7F7AF4D9282C918CB60C0B706">
<enum>
(3)
</enum>
<text>
in section 112(h)
(29 U.S.C.
732(h)) by striking
<quote>
such sums as may be necessary for
fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$12,240,000 for
fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="H23F2A275504044BD8B36CA2D85250727">
<enum>
(4)
</enum>
<text>
by amending
subsection (a) of section 201 (
<external-xref legal-doc="usc" parsable-cite="usc/29/761">
29 U.S.C. 761(a)
</external-xref>
) to read as
follows:
<quote>
(a) There are authorized to be appropriated $108,817,000 for
fiscal year 2014 and each of the 6 succeeding fiscal years to carry out this
title.
</quote>
;
</text>
</paragraph>
<paragraph id="H29763A1725734221940276F166CB50DC">
<enum>
(5)
</enum>
<text>
in section 302(i)
(29 U.S.C.
772(i)) by striking
<quote>
such sums as may be necessary for
each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$35,515,000 for fiscal year 2014 and each of the 6 succeeding fiscal
years
</quote>
;
</text>
</paragraph>
<paragraph id="HB1FCE2EEBF504229A20312EF1A98269F">
<enum>
(6)
</enum>
<text>
in section 303(e)
(29 U.S.C.
773(e)) by striking
<quote>
such sums as may be necessary for
each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$5,325,000 for fiscal year 2014 and each of the 6 succeeding fiscal
years
</quote>
;
</text>
</paragraph>
<paragraph id="H34C3C69F139C4CDBA783DD7AD4FE03D6">
<enum>
(7)
</enum>
<text>
in section 405
(29 U.S.C.
785) by striking
<quote>
such sums as may be necessary for each
of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$3,258,000
for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="HD0A79C253ED8435186D37CE9B6713516">
<enum>
(8)
</enum>
<text>
in section 502(j)
(29 U.S.C.
792(j)) by striking
<quote>
such sums as may be necessary for
each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$7,400,000 for fiscal year 2014 and each of the 6 succeeding fiscal
years
</quote>
;
</text>
</paragraph>
<paragraph id="H200EF112EB344F10A9A7070F490A9931">
<enum>
(9)
</enum>
<text>
in section 509(l)
(29 U.S.C.
794e(l)) by striking
<quote>
such sums as may be necessary for
each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$18,031,000 for fiscal year 2014 and each of the 6 succeeding fiscal
years
</quote>
;
</text>
</paragraph>
<paragraph id="HD88DADC600A545FEA337F78E206ADF56">
<enum>
(10)
</enum>
<text>
in section 714
(29 U.S.C.
796e–3), by striking
<quote>
such sums as may be necessary for
each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$23,359,000 for fiscal year 2014 and each of the 6 succeeding fiscal
years
</quote>
;
</text>
</paragraph>
<paragraph id="H7BADE9DB2F0A4174ADC69BA2D33748D1">
<enum>
(11)
</enum>
<text>
in section 727
(29 U.S.C.
796f–6), by striking
<quote>
such sums as may be necessary for
each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$79,953,000 for fiscal year 2014 and each of the 6 succeeding fiscal
years
</quote>
; and
</text>
</paragraph>
<paragraph id="H06913FD5362F4473A75B4A1F9F48E2E1">
<enum>
(12)
</enum>
<text>
in section 753
(29 U.S.C.
7961), by striking
<quote>
such sums as may be necessary for
each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$34,018,000 for fiscal year 2014 and each of the 6 succeeding fiscal
years
</quote>
.
</text>
</paragraph>
</section>
<section id="H716DD78513554E6BAE17DBD50AF3BFE0">
<enum>
514.
</enum>
<header>
Conforming
amendments
</header>
<text display-inline="no-display-inline">
Section 1(b) of the
Rehabilitation Act of 1973 is amended—
</text>
<paragraph id="HEAD90ECE222D440E913791B03787F757">
<enum>
(1)
</enum>
<text>
by inserting after
the item relating to section 109 the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD4BF00435948447294537E3F628C04A1" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 109A. Collaboration with
industry.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H1694C9790A814EEC805E32D1307B3563">
<enum>
(2)
</enum>
<text>
by inserting after
the item relating to section 110 the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE105EB8872C4449E8BEEC18DE3E2496D" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 110A. Reservation for expanded
transition services.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H761B707E529840F8A049BD4F21C31C68">
<enum>
(3)
</enum>
<text>
by striking the
item related to section 304 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H421107C4A06C476B90337A28E7A893FE" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 304. Measuring of project outcomes
and performance.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HD5005BB416B94E619F39917BC9653695">
<enum>
(4)
</enum>
<text>
by striking the
items related to sections 305 and 306; and
</text>
</paragraph>
<paragraph id="HD48772CED1C841D2A27E732D9A553D24">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
by striking the items related to title
VI.
</text>
</paragraph>
</section>
</title>
<title id="H2CF1DF73BE5F49F989C5B7A1D7718F97">
<enum>
VI
</enum>
<header>
Studies by the
Comptroller General
</header>
<section id="HFE2C3C78E5104FB8B573143209748961">
<enum>
601.
</enum>
<header>
Study by the
Comptroller General on exhausting Federal Pell Grants before accessing WIA
funds
</header>
<text display-inline="no-display-inline">
Not later than 12 months
after the date of enactment of this Act, the Comptroller General of the United
States shall complete and submit to the Committee on Education and the
Workforce of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report that—
</text>
<paragraph id="H3DBEB73B2606474FABA2F95B5F292728">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
evaluates the effectiveness of subparagraph
(B) of section 134(d)(4) of the Workforce Investment Act of 1998
(29 U.S.C.
2864(d)(4)(B)) (as such subparagraph was in effect on the day
before the date of enactment of this Act), including—
</text>
<subparagraph id="H270AE8D3E5D84D7086AB774DD4A34E9F">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
a review of the regulations and guidance
issued by the Secretary of Labor to State and local areas on how to comply with
such subparagraph;
</text>
</subparagraph>
<subparagraph id="HF494B1F1340247FE818A34628E7C09D6">
<enum>
(B)
</enum>
<text>
a review of State
policies to determine how local areas are required to comply with such
subparagraph;
</text>
</subparagraph>
<subparagraph id="HF15ED5CB8B1F4C27B0C38ADA6FBB4FA4">
<enum>
(C)
</enum>
<text>
a review of local
area policies to determine how one-stop operators are required to comply with
such subparagraph; and
</text>
</subparagraph>
<subparagraph id="H122B063C1F8946C48A17AFB78203C74D">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
a review of a sampling of individuals
receiving training services under section 134(d)(4) of the Workforce Investment
Act of 1998 (29
U.S.C. 2864(d)(4)) to determine if, before receiving such
training services, such individuals have exhausted funds received through the
Federal Pell Grant program under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et
seq.); and
</text>
</subparagraph>
</paragraph>
<paragraph id="HCD3236223D684764988DB260CD61FBCA">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
makes appropriate recommendations with
respect to the matters evaluated under paragraph (1).
</text>
</paragraph>
</section>
<section id="H3EC434384B6F452D924D78737D6E3632">
<enum>
602.
</enum>
<header>
Study by the
Comptroller General on administrative cost savings
</header>
<subsection id="HE8AB7DD2163047DBACEF5838A1F60D3D">
<enum>
(a)
</enum>
<header>
Study
</header>
<text display-inline="yes-display-inline">
Not later than 12 months after the date of
the enactment of this Act, the Comptroller General of the United States shall
complete and submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report that—
</text>
<paragraph id="H9A2399BCA6794131B3CF9A318F916F66">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
determines the amount of administrative
costs at the Federal and State levels for the most recent fiscal year for which
satisfactory data are available for—
</text>
<subparagraph id="H8FD41CBDF8BF4857B82C27F5C35C2CA3">
<enum>
(A)
</enum>
<text>
each of the
programs authorized under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.) or repealed under section 401 of this Act, as such
programs were in effect for such fiscal year; and
</text>
</subparagraph>
<subparagraph id="H4EFA271502144E23887D39B107D495F0">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
each of the programs described in
subparagraph (A) that have been repealed or consolidated on or after the date
of enactment of this Act;
</text>
</subparagraph>
</paragraph>
<paragraph id="HED43C5779DB54DD6BBDCE6CBF1BBA56B">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
determines the amount of administrative
cost savings at the Federal and State levels as a result of repealing and
consolidating programs by calculating the differences in the amount of
administrative costs between subparagraph (A) and subparagraph (B) of paragraph
(1); and
</text>
</paragraph>
<paragraph id="H83427C95CF214153855E58A93566D094">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
estimates the administrative costs savings
at the Federal and State levels for a fiscal year as a result of States
consolidating funds under section 501(e) of the Workforce Investment Act of
1998 (20 U.S.C.
9271(e)) to reduce inefficiencies in the administration of
federally-funded State and local employment and training programs.
</text>
</paragraph>
</subsection>
<subsection id="H46F37DAC127D40C992557F5AE2ABB923">
<enum>
(b)
</enum>
<header>
Definition
</header>
<text>
For
purposes of this section, the term
<quote>
administrative cost
</quote>
has the
meaning given the term in section 101 of the Workforce Investment Act of 1998
(29 U.S.C.
2801).
</text>
</subsection>
</section>
</title>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20130315">
Passed the House of
Representatives March 15, 2013.
</attestation-date>
<attestor display="yes">
Karen L. Haas,
</attestor>
<role>
Clerk
</role>
</attestation-group>
</attestation>
</bill>
| IIB 113th CONGRESS 1st Session H. R. 803 IN THE SENATE OF THE UNITED STATES March 18, 2013 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions AN ACT To reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more competitive in the 21st century.
1. Short title This Act may be cited as the Supporting Knowledge and Investing in Lifelong Skills Act or the SKILLS Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Effective date. Title I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998 Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 102. Purpose. Sec. 103. State workforce investment boards. Sec. 104. State plan. Sec. 105. Local workforce investment areas. Sec. 106. Local workforce investment boards. Sec. 107. Local plan. Sec. 108. Establishment of one-stop delivery system. Sec. 109. Identification of eligible providers of training services. Sec. 110. General authorization. Sec. 111. State allotments. Sec. 112. Within State allocations. Sec. 113. Use of funds for employment and training activities. Sec. 114. Performance accountability system. Sec. 115. Authorization of appropriations. Subtitle C—Job Corps Sec. 116. Job Corps purposes. Sec. 117. Job Corps definitions. Sec. 118. Individuals eligible for the Job Corps. Sec. 119. Recruitment, screening, selection, and assignment of enrollees. Sec. 120. Job Corps centers. Sec. 121. Program activities. Sec. 122. Counseling and job placement. Sec. 123. Support. Sec. 124. Operations. Sec. 125. Community participation. Sec. 126. Workforce councils. Sec. 127. Technical assistance. Sec. 128. Special provisions. Sec. 129. Performance accountability management. Subtitle D—National Programs Sec. 130. Technical assistance. Sec. 131. Evaluations. Subtitle E—Administration Sec. 132. Requirements and restrictions. Sec. 133. Prompt allocation of funds. Sec. 134. Fiscal controls; sanctions. Sec. 135. Reports to Congress. Sec. 136. Administrative provisions. Sec. 137. State legislative authority. Sec. 138. General program requirements. Sec. 139. Federal agency staff and restrictions on political and lobbying activities. Subtitle F—State unified plan Sec. 140. State unified plan. Title II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Amendment. Title III—AMENDMENTS TO THE WAGNER-PEYSER ACT Sec. 301. Amendments to the Wagner-Peyser Act. Title IV—REPEALS AND CONFORMING AMENDMENTS Sec. 401. Repeals. Sec. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Sec. 403. Amendments to the Food and Nutrition Act of 2008. Sec. 404. Amendments to section 412 of the Immigration and Nationality Act. Sec. 405. Amendments relating to the Second Chance Act of 2007. Sec. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968. Sec. 407. Conforming amendments to the United States Code. Sec. 408. Conforming amendment to table of contents. Title V—AMENDMENTS TO THE REHABILITATION ACT OF 1973 Sec. 501. Findings. Sec. 502. Rehabilitation services administration. Sec. 503. Definitions. Sec. 504. State plan. Sec. 505. Scope of services. Sec. 506. Standards and indicators. Sec. 507. Collaboration with industry. Sec. 508. Reservation for expanded transition services. Sec. 509. Client assistance program. Sec. 510. Title III amendments. Sec. 511. Repeal of title VI. Sec. 512. Chairperson. Sec. 513. Authorizations of appropriations. Sec. 514. Conforming amendments. Title VI—Studies by the Comptroller General Sec. 601. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds. Sec. 602. Study by the Comptroller General on administrative cost savings. 3. References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 ( 29 U.S.C. 9201 et seq. ). 4. Effective date Except as otherwise provided, this Act and the amendments made by this Act shall be effective with respect to fiscal year 2014 and succeeding fiscal years. I AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998 A Workforce Investment Definitions 101. Definitions Section 101 ( 29 U.S.C. 2801 ) is amended— (1) by striking paragraphs (13) and (24); (2) by redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14) through (23) as paragraphs (15) through (24), respectively; (3) by striking paragraphs (52) and (53); (4) by inserting after In this title: the following new paragraphs: (1) Accrued expenditures The term accrued expenditures means charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; services performed by employees, contractors, subgrantees, subcontractors, and other payees; and other amounts becoming owed under programs assisted under this title for which no current services or performance is required, such as annuities, insurance claims, and other benefit payments. (2) Administrative costs The term administrative costs means expenditures incurred by State and local workforce investment boards, direct recipients (including State grant recipients under subtitle B and recipients of awards under subtitles C and D), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under this title which are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and non-personnel and both direct and indirect. ; (5) in paragraph (3) (as so redesignated), by striking Except in sections 127 and 132, the and inserting The ; (6) by amending paragraph (5) (as so redesignated) to read as follows: (5) Area career and technical education school The term area career and technical education school has the meaning given the term in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(3)). ; (7) in paragraph (6) (as so redesignated), by inserting (or such other level as the Governor may establish) after 8th grade level ; (8) in paragraph (10)(C) (as so redesignated), by striking not less than 50 percent of the cost of the training and inserting a significant portion of the cost of training, as determined by the local board (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board determines to be appropriate ; (9) in paragraph (11) (as so redesignated)— (A) in subparagraph (A)(ii)(II), by striking section 134(c) and inserting section 121(e) ; (B) in subparagraph (B)(iii)— (i) by striking 134(d)(4) and inserting 134(c)(4) ; and (ii) by striking intensive services described in section 134(d)(3) and inserting work ready services described in section 117(d)(5)(C) ; (C) in subparagraph (C), by striking or after the semicolon; (D) in subparagraph (D), by striking the period and inserting ; or ; and (E) by adding at the end the following: (E) (i) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or (ii) is the spouse of a member of the Armed Forces on active duty who meets the criteria described in paragraph (12)(B). ; (10) in paragraph (12)(A) (as redesignated)— (A) by striking and after the semicolon and inserting or ; (B) by striking (A) and inserting (A)(i) ; and (C) by adding at the end the following: (ii) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; and ; (11) in paragraph (13) (as so redesignated), by inserting or regional after local each place it appears; (12) in paragraph (14) (as so redesignated)— (A) in subparagraph (A), by striking section 122(e)(3) and inserting section 122 ; (B) by striking subparagraph (B), and inserting the following: (B) work ready services, means a provider who is identified or awarded a contract as described in section 117(d)(5)(C); or ; (C) by striking subparagraph (C); and (D) by redesignating subparagraph (D) as subparagraph (C). (13) in paragraph (15) (as so redesignated), by striking adult or dislocated worker and inserting individual ; (14) in paragraph (25)— (A) in subparagraph (B), by striking higher of— and all that follows through clause (ii) and inserting poverty line for an equivalent period; ; (B) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and (C) by inserting after subparagraph (C) the following: (D) receives or is eligible to receive free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); ; (15) in paragraph (32), by striking the Republic of the Marshall Islands, the Federated States of Micronesia, ; (16) by amending paragraph (33) to read as follows: (33) Out-of-school youth The term out-of-school youth means— (A) an at-risk youth who is a school dropout; or (B) an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed. . (17) in paragraph (38), by striking 134(a)(1)(A) and inserting 134(a)(1)(B) ; (18) by amending paragraph (49) to read as follows: (49) Veteran The term veteran has the same meaning given the term in section 2108(1) of title 5, United States Code. ; (19) by amending paragraph (50) to read as follows: (50) Career and technical education The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ; (20) in paragraph (51) by striking , and a youth activity ; and (21) by adding at the end the following: (52) At-risk youth Except as provided in subtitle C, the term at-risk youth means an individual who— (A) is not less than age 16 and not more than age 24; (B) is a low-income individual; and (C) is an individual who is one or more of the following: (i) a secondary school dropout; (ii) a youth in foster care (including youth aging out of foster care); (iii) a youth offender; (iv) a youth who is an individual with a disability; or (v) a migrant youth. (53) Industry or sector partnership The term industry or sector partnership means a partnership of a State or local board and one or more industries and other entities that have the capability to help the State or local board determine the immediate and long term skilled workforce needs of in-demand industries and other occupations important to the State or local economy, respectively. (54) Industry-recognized credential The term industry-recognized credential means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring. (55) Recognized postsecondary credential The term ‘recognized postsecondary credential’ means a credential awarded by a training provider or postsecondary educational institution based on completion of all requirements for a program of study, including coursework or tests or other performance evaluations. The term includes an industry-recognized credential, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree. (56) Pay-for-performance contract strategy The term pay-for-performance contract strategy means a strategy in which a pay-for-performance contract to provide a program of employment and training activities incorporates— (A) the core indicators of performance described in subclauses (I) through (IV) of section 136(b)(2)(A)(i); (B) a fixed amount that will be paid to an eligible provider of such employment and training activities for each program participant who, within a defined timetable, achieves the agreed to levels of performance based upon the core indicators of performance described in subparagraph (A), and may include a bonus payment to such provider which may be used to expand the capacity of such provider; (C) the ability for an eligible provider to recoup the costs of training a program participant who has not met such core indicators of performance, but for whom the provider is able to demonstrate that such participant gained specific competencies required for education and career advancement that are, where feasible, tied to industry-recognized credentials and related standards, or State licensing requirements; and (D) the ability for an eligible provider that does not meet the requirements under section 122(a)(2) to participate in such pay-for-performance contract and to not be required to report on the performance and cost information required under section 122(d). . B Statewide and Local Workforce Investment Systems 102. Purpose Section 106 ( 29 U.S.C. 2811 ) is amended by adding at the end the following: It is also the purpose of this subtitle to provide workforce investment activities in a manner that enhances employer engagement, promotes customer choices in the selection of training services, and ensures accountability in the use of the taxpayer funds. . 103. State workforce investment boards Section 111 (29 U.S.C. 2821) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B) (as so redesignated)— (I) by amending clause (i)(I), by striking section 117(b)(2)(A)(i) and inserting section 117(b)(2)(A) ; (II) by amending clause (i)(II) to read as follows: (II) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the State economy; and ; (III) by striking clause (iii) and inserting the following: (iii) a State agency official responsible for economic development; and ; (IV) by striking clauses (iv) through (vi); (V) by amending clause (vii) to read as follows: (vii) such other representatives and State agency officials as the Governor may designate, including— (I) members of the State legislature; (II) representatives of individuals and organizations that have experience with respect to youth activities; (III) representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community-based organizations within the State; (IV) representatives of the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners; or (V) representatives of veterans service organizations. ; and (VI) by redesignating clause (vii) (as so amended) as clause (iv); and (B) by amending paragraph (3) to read as follows: (3) Majority A 2/3 majority of the members of the board shall be representatives described in paragraph (1)(B)(i). ; (2) in subsection (c), by striking (b)(1)(C)(i) and inserting (b)(1)(B)(i) ; (3) by amending subsection (d) to read as follows: (d) Functions The State board shall assist the Governor of the State as follows: (1) State plan Consistent with section 112, develop a State plan. (2) Statewide workforce development system Review and develop statewide policies and programs in the State in a manner that supports a comprehensive Statewide workforce development system that will result in meeting the workforce needs of the State and its local areas. Such review shall include determining whether the State should consolidate additional programs into the Workforce Investment Fund in accordance with section 501(e). (3) Workforce and labor market information system Develop a statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act, which may include using existing information conducted by the State economic development entity or related entity in developing such system. (4) Employer engagement Develop strategies across local areas that meet the needs of employers and support economic growth in the State by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (5) Designation of local areas Designate local areas as required under section 116. (6) One-stop delivery system Identify and disseminate information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies. (7) Program oversight Conduct the following program oversight: (A) Reviewing and approving local plans under section 118. (B) Ensuring the appropriate use and management of the funds provided for State employment and training activities authorized under section 134. (C) Preparing an annual report to the Secretary described in section 136(d). (8) Development of performance measures Develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, as described under section 136(b). ; (4) by striking subsection (e) and redesignating subsection (f) as subsection (e); (5) in subsection (e) (as so redesignated), by inserting or participate in any action taken after vote ; (6) by inserting after subsection (e) (as so redesignated), the following: (f) Staff The State board may employ staff to assist in carrying out the functions described in subsection (d). ; and (7) in subsection (g), by inserting electronic means and after on a regular basis through . 104. State plan Section 112 (29 U.S.C. 2822)— (1) in subsection (a)— (A) by striking 127 or ; and (B) by striking 5-year strategy and inserting 3-year strategy ; (2) in subsection (b)— (A) by amending paragraph (4) to read as follows: (4) information describing— (A) the economic conditions in the State; (B) the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy; (C) the knowledge and skills of the workforce in the State; and (D) workforce development activities (including education and training) in the State; ; (B) by amending paragraph (7) to read as follows: (7) a description of the State criteria for determining the eligibility of training providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training programs relate to occupations that are in-demand; ; (C) by amending paragraph (8) to read as follows: (8) (A) a description of the procedures that will be taken by the State to assure coordination of, and avoid duplication among, the programs and activities identified under section 501(b)(2); and (B) a description of common data collection and reporting processes used for the programs and activities described in subparagraph (A), which are carried out by one-stop partners, including— (i) assurances that such processes use quarterly wage records for performance measures described in section 136(b)(2)(A) that are applicable to such programs or activities; or (ii) if such wage records are not being used for the performance measures, an identification of the barriers to using such wage records and a description of how the State will address such barriers within one year of the approval of the plan; ; (D) in paragraph (9), by striking , including comment by representatives of businesses and representatives of labor organizations, ; (E) in paragraph (11), by striking under sections 127 and 132 and inserting under section 132 ; (F) by striking paragraph (12); (G) by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively; (H) in paragraph (12) (as so redesignated), by striking 111(f) and inserting 111(e) ; (I) in paragraph (13) (as so redesignated), by striking 134(c) and inserting 121(e) ; (J) in paragraph (14) (as so redesignated), by striking 116(a)(5) and inserting 116(a)(4) ; (K) in paragraph (16) (as so redesignated)— (i) in subparagraph (A)— (I) in clause (ii), by striking to dislocated workers ; (II) in clause (iii), by striking 134(d)(4) and inserting 134(c)(4) ; (III) by striking and at the end of clause (iii); (IV) by amending clause (iv) to read as follows: (iv) how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. )), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled and homeless veterans), and Native Americans; and ; and (V) by adding at the end the following new clause: (v) how the State will— (I) consistent with section 188 and Executive Order No. 13217 ( 42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and (II) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; ; and (ii) in subparagraph (B), by striking to the extent practicable and inserting in accordance with the requirements of the Jobs for Veterans Act (Public Law 107–288) and the amendments made by such Act ; and (L) by striking paragraph (17) (as so redesignated) and inserting the following: (17) a description of the strategies and services that will be used in the State— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the State economy; (B) to meet the needs of employers in the State; and (C) to better coordinate workforce development programs with economic development activities; (18) a description of how the State board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; (B) to address the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the State economy, and (C) to address critical skill gaps within and across industries; (19) a description of how the State will utilize technology to facilitate access to services in remote areas, which may be used throughout the State; (20) a description of the State strategy and assistance to be provided for encouraging regional cooperation within the State and across State borders, as appropriate; (21) a description of the actions that will be taken by the State to foster communication, coordination, and partnerships with non-profit organizations (including public libraries, community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, to enhance the quality and comprehensiveness of services available to participants under this title; (22) a description of the process and methodology for determining— (A) one-stop partner program contributions for the cost of the infrastructure of one-stop centers under section 121(h)(1); and (B) the formula for allocating such infrastructure funds to local areas under section 121(h)(3); (23) a description of the strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the State and local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; and (24) a description of— (A) how the State will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the State to assist and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the State. ; (3) in subsection (c), by striking period, that— and all that follows through paragraph (2) and inserting period, that the plan is inconsistent with the provisions of this title. ; and (4) in subsection (d), by striking 5-year and inserting 3-year . 105. Local workforce investment areas Section 116 (29 U.S.C. 2831) is amended— (1) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general (A) Process In order to receive an allotment under section 132, a State, through the State board, shall establish a process to designate local workforce investment areas within the State. Such process shall— (i) support the statewide workforce investment system developed under section 111(d)(2) that will meet the workforce needs of the State and its local areas; (ii) include prior consultation with chief elected officials; (iii) consider comments received through the public comment process as described in section 112(b)(9); and (iv) require the submission of an approved application under subparagraph (B). (B) Application To be designated as a local area under this paragraph, a local or regional board (or consortiums of local or regional boards) shall submit an application to a State board at such time, in such manner, and containing such information as the State board may require, including— (i) a description of the local area, including the population that will be served by the local area, and the education and training needs of its employers and workers; (ii) a description of how the local area is consistent or aligned with— (I) service delivery areas; (II) labor market areas; and (III) economic development regions; (iii) a description of the eligible providers of education and training, including postsecondary educational institutions such as community colleges, located in the local area available to meet the needs of the local workforce; (iv) a description of the distance that individuals will need to travel to receive services provided in such local area; and (v) any other criteria that the State board may require. (C) Priority In designating local areas under this paragraph, a State board shall give priority consideration to applicants demonstrating that a designation as a local area under this paragraph will result in the reduction of overlapping service delivery areas, local market areas, or economic development regions. (D) Alignment with local plan A State may designate an applicant as a local area under this paragraph for a period not to exceed 3 years. . (B) by amending paragraph (2) to read as follows: (2) Technical assistance The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1). ; (C) by striking paragraph (3); (D) by striking paragraph (4); (E) by redesignating paragraph (5) as paragraph (3); and (F) in paragraph (3) (as so redesignated), by striking (2) or (3) both places it appears and inserting (1) ; (2) by amending subsection (b) to read as follows: (b) Single states Consistent with subsection (a), the State board of a State may designate the State as a single State local area for the purposes of this title. ; and (3) in subsection (c)— (A) in paragraph (1), by adding at the end the following: The State may require the local boards for the designated region to prepare a single regional plan that incorporates the elements of the local plan under section 118 and that is submitted and approved in lieu of separate local plans under such section. ; and (B) in paragraph (2), by striking employment statistics and inserting workforce and labor market information . 106. Local workforce investment boards Section 117 (29 U.S.C. 2832) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking include— and all that follows through representatives and inserting include representatives ; (II) by striking clauses (ii) through (vi); (III) by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively (and by moving the margins of such clauses 2 ems to the left); (IV) by striking clause (ii) (as so redesignated) and inserting the following: (ii) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the local economy; and ; and (V) by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting ; and ; and (ii) by amending subparagraph (B) to read as follows: (B) may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate, including— (i) a superintendent of the local secondary school system, the president or chief executive officer of a postsecondary educational institution (including a community college, where such an entity exists), or an administrator of local entities providing adult education and literacy activities; (ii) representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); or (iii) representatives of veterans service organizations. ; (B) in paragraph (4)— (i) by striking A majority and inserting A 2/3 majority ; and (ii) by striking (2)(A)(i) and inserting (2)(A) ; and (C) in paragraph (5) by striking (2)(A)(i) and inserting (2)(A) ; (2) by striking subsection (c)(1)(C); (3) by amending subsection (d) to read as follows: (d) Functions of local board The functions of the local board shall include the following: (1) Local plan Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor. (2) Workforce research and regional labor market analysis (A) In general The local board shall— (i) conduct, and regularly update, an analysis of— (I) the economic conditions in the local area; (II) the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy; (III) the knowledge and skills of the workforce in the local area; and (IV) workforce development activities (including education and training) in the local area; and (ii) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act. (B) Existing analysis A local board shall use existing analysis by the local economic development entity or related entity in order to carry out requirements of subparagraph (A)(i). (3) Employer engagement The local Board shall meet the needs of employers and support economic growth in the local area by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (4) Budget and administration (A) Budget (i) In general The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection. (ii) Training reservation In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(c)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve under this clause. (B) Administration (i) Grant recipient (I) In general The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under section 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability. (II) Designation In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I). (III) Disbursal The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board. (ii) Staff The local board may employ staff to assist in carrying out the functions described in this subsection. (iii) Grants and donations The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act. (5) Selection of operators and providers (A) Selection of one-stop operators Consistent with section 121(d), the local board, with the agreement of the chief elected official— (i) shall designate or certify one-stop operators as described in section 121(d)(2)(A); and (ii) may terminate for cause the eligibility of such operators. (B) Identification of eligible training service providers Consistent with this subtitle, the local board shall identify eligible providers of training services described in section 134(c)(4) in the local area, annually review the outcome of each such eligible provider using the criteria under section 122(b)(2), and designate eligible providers in the local area who have demonstrated the highest level of success with respect to such criteria as priority eligible providers for the following program year. (C) Identification of eligible providers of work ready services If the one-stop operator does not provide the services described in section 134(c)(2) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts. (6) Program oversight The local board, in partnership with the chief elected official, shall be responsible for— (A) ensuring the appropriate use and management of the funds provided for local employment and training activities authorized under section 134(b); and (B) conducting oversight of the one-stop delivery system in the local area authorized under section 121. (7) Negotiation of local performance measures The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c). (8) Technology improvements The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including in remote areas. ; (4) in subsection (e)— (A) by inserting electronic means and after regular basis through ; and (B) by striking and the award of grants or contracts to eligible providers of youth activities, ; (5) in subsection (f)— (A) in paragraph (1)(A), by striking section 134(d)(4) and inserting section 134(c)(4) ; and (B) by striking paragraph (2) and inserting the following: (2) Work ready services, designation, or certification as one-stop operators A local board may provide work ready services described in section 134(c)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor. ; (6) in subsection (g)(1), by inserting or participate in any action taken after vote ; and (7) by striking subsections (h) and (i). 107. Local plan Section 118 (29 U.S.C. 2833) is amended— (1) in subsection (a), by striking 5-year and inserting 3-year ; (2) by amending subsection (b) to read as follows: (b) Contents The local plan shall include— (1) a description of the analysis of the local area's economic and workforce conditions conducted under section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle; (2) a description of the one-stop delivery system in the local area, including— (A) a description of how the local board will ensure— (i) the continuous improvement of eligible providers of services through the system; and (ii) that such providers meet the employment needs of local businesses and participants; and (B) a description of how the local board will facilitate access to services provided through the one-stop delivery system consistent with section 117(d)(8); (3) a description of the strategies and services that will be used in the local area— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the local economy; (B) to meet the needs of employers in the local area; (C) to better coordinate workforce development programs with economic development activities; and (D) to better coordinate workforce development programs with employment, training, and literacy services carried out by nonprofit organizations, including public libraries, as appropriate; (4) a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; (B) to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the local economy; and (C) to address critical skill gaps within and across industries; (5) a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(c)(4); (6) a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide activities, as appropriate; (7) a description of how the local area will— (A) coordinate activities with the local area’s disability community and with services provided under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(A)(i)(VIII) ) by local educational agencies serving such local area to make available comprehensive, high-quality services to individuals with disabilities; (B) consistent with section 188 and Executive Order No. 13217 (42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities, with a focus on employment that fosters independence and integration; and (C) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; (8) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be— (A) used to measure the performance of the local area; and (B) used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area; (9) a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan; (10) a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as the Supplemental Nutrition Assistance Program), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled veterans and homeless veterans), and Native Americans; (11) an identification of the entity responsible for the disbursal of grant funds described in subclause (III) of section 117(d)(4)(B)(i), as determined by the chief elected official or the Governor under such section; (12) a description of the strategies and services that will be used in the local area to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; (13) a description of— (A) how the local area will furnish employment, training, including training in advanced manufacturing, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the local area to assist and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the local area; (14) a description of— (A) the duties assigned to the veteran employment specialist consistent with the requirements of section 134(f); (B) the manner in which the veteran employment specialist is integrated into the One-Stop Career System described in section 121; (C) the date on which the veteran employment specialist was assigned; and (D) whether the veteran employment specialist has satisfactorily competed such training by the National Veterans' Employment and Training Services Institute; and (15) such other information as the Governor may require. ; (3) in subsection (c)(1), by striking such means and inserting electronic means such ; and (4) in subsection (c)(2), by striking , including representatives of business and representatives of labor organizations, . 108. Establishment of one-stop delivery system Section 121 ( 29 U.S.C. 2841 ) is amended— (1) in subsection (b)— (A) by striking subparagraph (A) of paragraph (1) and inserting the following: (A) Roles and responsibilities of one-stop partners Each entity that carries out a program or activities described in subparagraph (B) shall— (i) provide access through the one-stop delivery system to the program and activities carried out by the entity, including making the work ready services described in section 134(c)(2) that are applicable to the program of the entity available at one-stop centers (in addition to any other appropriate locations); (ii) use a portion of the funds available to the program of the entity to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) enter into a local memorandum of understanding with the local board relating to the operation of the one-stop delivery system that meets the requirements of subsection (c); and (iv) participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the programs carried out by the entity. ; (B) in paragraph (1)(B)— (i) by striking clauses (ii), (v), and (vi); (ii) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; (iii) by redesignating clauses (vii) through (xii) as clauses (iv) through (ix), respectively; (iv) in clause (viii), as so redesignated, by striking and at the end; (v) in clause (ix), as so redesignated, by striking the period and inserting ; and ; and (vi) by adding at the end the following: (x) subject to subparagraph (C), programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ; (C) by inserting after paragraph (1)(B) the following: (C) Determination by the governor Each entity carrying out a program described in subparagraph (B)(x) shall carry out the required partner activities described in subparagraph (A) unless the Governor of the State in which the local area is located provides the Secretary and Secretary of Health and Human Services written notice of a determination by the Governor that such entities shall not carry out such required partner activities. ; and (D) in paragraph (2)— (i) in subparagraph (A)(i), by striking section 134(d)(2) and inserting section 134(c)(2) ; and (ii) in subparagraph (B)— (I) by striking clauses (i), (ii), and (v); (II) in clause (iv), by striking and at the end; (III) by redesignating clauses (iii) and (iv) as clauses (i) and (ii), respectively; and (IV) by adding at the end the following: (iii) employment and training programs administered by the Commissioner of the Social Security Administration; (iv) employment and training programs carried out by the Administrator of the Small Business Administration; (v) employment, training, and literacy services carried out by public libraries; and (vi) other appropriate Federal, State, or local programs, including programs in the private sector. ; (2) in subsection (c)(2), by amending subparagraph (A) to read as follows: (A) provisions describing— (i) the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated through such system; (ii) how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for nontraditional employment; and (iv) the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and ; (3) in subsection (d)— (A) in the heading for paragraph (1), by striking Designation and certification and inserting Local designation and certification ; (B) in paragraph (2)— (i) by striking section 134(c) and inserting subsection (e) ; (ii) by amending subparagraph (A) to read as follows: (A) shall be designated or certified as a one-stop operator through a competitive process; and ; and (iii) in subparagraph (B), by striking clause (ii) and redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and (C) in paragraph (3), by striking vocational and inserting career and technical ; (4) by amending subsection (e) to read as follows: (e) Establishment of one-Stop delivery system (1) In general There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall— (A) provide the work ready services described in section 134(c)(2); (B) provide access to training services as described in section 134(c)(4), including serving as the point of access to career enhancement accounts for training services to participants in accordance with paragraph (4)(F) of such section; (C) provide access to the activities carried out under section 134(d), if any; (D) provide access to programs and activities carried out by one-stop partners that are described in subsection (b) of this section; and (E) provide access to the information described in section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l–2(e)). (2) One-stop delivery At a minimum, the one-stop delivery system— (A) shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than one physical center in each local area of the State; and (B) may also make programs, services, and activities described in paragraph (1) available— (i) through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and (ii) through a network of eligible one-stop partners— (I) in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically- or technologically-linked access point; and (II) that assures individuals that information on the availability of the work ready services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I). (3) Specialized centers The centers and sites described in paragraph (2) may have a specialization in addressing special needs. ; and (5) by adding at the end the following: (g) Certification of one-Stop centers (1) In general (A) In general The State board shall establish objective procedures and criteria for certifying, at least once every 3 years, one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h). (B) Criteria The criteria for certification under this subsection shall include— (i) meeting all of the expected levels of performance for each of the core indicators of performance as outlined in the State plan under section 112; (ii) meeting minimum standards relating to the scope and degree of service integration achieved by the centers involving the programs provided by the one-stop partners; and (iii) meeting minimum standards relating to how the centers ensure that eligible providers meet the employment needs of local employers and participants. (C) Effect of certification One-stop centers certified under this subsection shall be eligible to receive the infrastructure grants authorized under subsection (h). (2) Local boards Consistent with the criteria developed by the State, the local board may develop additional criteria of higher standards to respond to local labor market and demographic conditions and trends. (h) One-Stop infrastructure funding (1) Partner contributions (A) Provision of funds Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B) for a fiscal year shall be provided to the Governor by such programs to carry out this subsection. (B) Determination of governor (i) In general Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers by each partner, the costs of administration for purposes not related to one-stop centers for each partner, and other relevant factors described in paragraph (3). (ii) Special rule In those States where the State constitution places policy-making authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title II of this Act and for postsecondary career education activities authorized under the Carl D. Perkins Career and Technical Education Act, the determination described in clause (i) with respect to such programs shall be made by the Governor with the appropriate entity or official with such independent policy-making authority. (iii) Appeal by one-stop partners The Governor shall establish a procedure for the one-stop partner administering a program described in subsection (b) to appeal a determination regarding the portion of funds to be contributed under this paragraph on the basis that such determination is inconsistent with the criteria described in the State plan or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal. (C) Limitations (i) Provision from administrative funds The funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the limitations with respect to the portion of funds under such programs that may be used for administration. (ii) Federal direct spending programs Programs that are Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)) shall not, for purposes of this paragraph, be required to provide an amount in excess of the amount determined to be equivalent to the proportionate use of the one-stop centers by such programs in the State. (2) Allocation by governor From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph (3) for the purposes of assisting in paying the costs of the infrastructure of one-stop centers certified under subsection (g). (3) Allocation formula The State board shall develop a formula to be used by the Governor to allocate the funds described in paragraph (1). The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in the local area that have been certified, the population served by such centers, and the performance of such centers. (4) Costs of infrastructure For purposes of this subsection, the term costs of infrastructure means the nonpersonnel costs that are necessary for the general operation of a one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, and equipment (including assistive technology for individuals with disabilities). (i) Other funds (1) In general In addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), or the noncash resources available under such programs shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved including— (A) infrastructure costs that are in excess of the funds provided under subsection (h); (B) common costs that are in addition to the costs of infrastructure; and (C) the costs of the provision of work ready services applicable to each program. (2) Determination and guidance The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph (1) shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide guidance to facilitate the determination of appropriate allocation of the funds and noncash resources in local areas. . 109. Identification of eligible providers of training services Section 122 ( 29 U.S.C. 2842 ) is amended to read as follows: 122. Identification of eligible providers of training services (a) Eligibility (1) In general The Governor, after consultation with the State board, shall establish criteria and procedures regarding the eligibility of providers of training services described in section 134(c)(4) to receive funds provided under section 133(b) for the provision of such training services. (2) Providers Subject to the provisions of this section, to be eligible to receive the funds provided under section 133(b) for the provision of training services, the provider shall be— (A) a postsecondary educational institution that— (i) is eligible to receive Federal funds under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (ii) provides a program that leads to a recognized postsecondary credential; (B) an entity that carries out programs under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); or (C) another public or private provider of a program of training services. (3) Inclusion in list of eligible providers A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be included on the list of eligible providers of training services described in subsection (d) for so long as the provider remains certified by the Secretary of Labor to carry out the programs described in paragraph (2)(B). (b) Criteria (1) In general The criteria established pursuant to subsection (a) shall take into account— (A) the performance of providers of training services with respect to the performance measures described in section 136 and other matters for which information is required under paragraph (2) and other appropriate measures of performance outcomes for those participants receiving training services under this subtitle; (B) whether the training programs of such providers relate to occupations that are in demand; (C) the need to ensure access to training services throughout the State, including in rural areas; (D) the ability of providers to offer programs that lead to a recognized postsecondary credential; (E) the information such providers are required to report to State agencies with respect to other Federal and State programs (other than the program carried out under this subtitle), including one-stop partner programs; and (F) such other factors as the Governor determines are appropriate. (2) Information The criteria established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State for purposes of carrying out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including— (A) information on recognized postsecondary credentials received by such participants; (B) information on costs of attendance for such participants; (C) information on the program completion rate for such participants; and (D) information on the performance of the provider with respect to the performance measures described in section 136 for such participants. (3) Renewal The criteria established by the Governor shall also provide for a review every 3 years and renewal of eligibility under this section for providers of training services. (4) Local criteria A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required under the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) to provide the services in the local area involved. (5) Limitation In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or eligible student in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (c) Procedures The procedures established under subsection (a) shall— (1) identify— (A) the application process for a provider of training services to become eligible to receive funds under section 133(b) for the provision of training services; and (B) the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria established under this section; and (2) establish a process for a provider of training services to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal. (d) Information To assist participants in choosing providers In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list or lists of providers determined eligible under this section in the State, including information provided under subsection (b)(2) with respect to such providers, is provided to the local boards in the State and is made available to such participants and to members of the public through the one-stop delivery system in the State. (e) Enforcement (1) In general The criteria and procedures established under this section shall provide the following: (A) Intentionally supplying inaccurate information Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services, or individual providing information on behalf of the provider, intentionally supplied inaccurate information under this section, the eligibility of such provider to receive funds under chapter 5 shall be terminated for a period of time that is not less than 2 years. (B) Substantial violations Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services substantially violated any requirement under this title, the eligibility of such provider to receive funds under the program involved shall be terminated for a period of time that is not less than 10 years. (C) Repayment A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 during a period of noncompliance described in such subparagraph. (2) Construction Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties. (f) Agreements with other states States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept career enhancement accounts provided in another State. (g) Recommendations In developing the criteria, procedures, and information required under this section, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State. (h) Opportunity To submit comments During the development of the criteria, procedures, requirements for information, and the list of eligible providers required under this section, the Governor shall provide an opportunity for interested members of the public to submit comments regarding such criteria, procedures, and information. (i) On-the-Job training or customized training exception (1) In general Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (d). (2) Collection and dissemination of information A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services. . 110. General authorization Chapter 5 of subtitle B of title I is amended— (1) by striking the heading for chapter 5 and inserting the following: Employment and training activities ; and (2) in section 131 (29 U.S.C. 2861)— (A) by striking paragraphs (1)(B) and (2)(B) of ; and (B) by striking adults, and dislocated workers, and inserting individuals . 111. State allotments Section 132 (29 U.S.C. 2862) is amended— (1) by amending subsection (a) to read as follows: (a) In general The Secretary shall— (1) reserve ½ of 1 percent of the total amount appropriated under section 137 for a fiscal year, of which— (A) 50 percent shall be used to provide technical assistance under section 170; and (B) 50 percent shall be used for evaluations under section 172; (2) reserve 1 percent of the total amount appropriated under section 137 for a fiscal year to make grants to, and enter into contracts or cooperative agreements with Indian tribes, tribal organizations, Alaska-Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out employment and training activities; (3) reserve not more than 25 percent of the total amount appropriated under section 137 for a fiscal year to carry out the Jobs Corps program under subtitle C; (4) reserve not more than 3.5 percent of the total amount appropriated under section 137 for a fiscal year to— (A) make grants to State or local boards to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; and (B) provide assistance to Governors of States with an area that has suffered an emergency or a major disaster (as such terms are defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )) to provide disaster relief employment in the area; and (5) from the remaining amount appropriated under section 137 for a fiscal year (after reserving funds under paragraphs (1) through (4)), make allotments in accordance with subsection (b) of this section. ; and (2) by amending subsection (b) to read as follows: (b) Workforce investment fund (1) Reservation for outlying areas (A) In general From the amount made available under subsection (a)(5) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent to provide assistance to the outlying areas. (B) Restriction The Republic of Palau shall cease to be eligible to receive funding under this subparagraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 ( Public Law 99–658 )) after the date of enactment of the SKILLS Act. (2) States (A) In general After determining the amount to be reserved under paragraph (1), the Secretary shall allot the remainder of the amount referred to in subsection (a)(5) for a fiscal year to the States pursuant to subparagraph (B) for employment and training activities and statewide workforce investment activities. (B) Formula Subject to subparagraphs (C) and (D) , of the remainder— (i) 25 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (ii) 25 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States; (iii) 25 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more; and (iv) 25 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States. (C) Minimum and maximum percentages (i) Minimum percentage The Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2014 through 2016, that is less than 100 percent of the allotment percentage of the State for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year. (ii) Maximum percentage Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2014 through 2016, that is more than 130 percent of the allotment percentage of the State for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year. (D) Small state minimum allotment Subject to subparagraph (C) , the Secretary shall ensure that no State shall receive an allotment under this paragraph for a fiscal year that is less than 1/5 of 1 percent of the remainder described in subparagraph (A) for the fiscal year. (E) Definitions For the purpose of the formula specified in this paragraph: (i) Allotment percentage The term allotment percentage — (I) used with respect to fiscal year 2012, means the percentage of the amounts allotted to States under title I of this Act, title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ), the Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the State involved for fiscal year 2012; and (II) used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allotted to States under this paragraph for the fiscal year that is received under this paragraph by the State involved for the fiscal year. (ii) Disadvantaged youth The term disadvantaged youth means an individual who is not less than age 16 and not more than age 24 who receives an income, or is a member of a family that received a total family income, that in relation to family size, does not exceed the higher of— (I) the poverty line; or (II) 70 percent of the lower living standard income level. (iii) Individual The term individual means an individual who is age 16 or older. . 112. Within State allocations Section 133 is amended— (1) by amending subsection (a) to read as follows: (a) Reservations for Statewide workforce investment activities (1) Statewide employment and training activities The Governor of a State shall reserve up to 15 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out the statewide activities described in section 134(a). (2) Statewide rapid response activities Of the amount reserved under paragraph (1) for a fiscal year, the Governor of the State shall reserve not more than 25 percent for statewide rapid response activities described in section 134(a)(4). (3) Statewide grants for individuals with barriers to employment Of the amount reserved under paragraph (1) for a fiscal year, the Governor of a State shall reserve 15 percent to carry out statewide activities described in section 134(a)(5). (4) State administrative cost limit Not more than 5 percent of the funds reserved under paragraph (1) may be used by the Governor of a State for administrative costs of carrying out the statewide activities described in section 134(a). ; (2) by amending subsection (b) to read as follows: (b) Within state allocation (1) Methods The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas, shall— (A) allocate the funds that are allotted to the State for employment and training activities and not reserved under subsection (a), in accordance with paragraph (2)(A); and (B) award the funds that are reserved by the State under subsection (a)(3) through competitive grants to eligible entities, in accordance with section 134(a)(1)(C). (2) Formula allocations for the workforce investment fund (A) Allocation In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate— (i) 25 percent on the basis described in section 132(b)(2)(B)(i); (ii) 25 percent on the basis described in section 132(b)(2)(B)(ii); (iii) 25 percent on the basis described in section 132(b)(2)(B)(iii); and (iv) 25 percent on the basis described in section 132(b)(2)(B)(iv). (B) Minimum and maximum percentages (i) Minimum percentage The State shall ensure that no local area shall receive an allocation under this paragraph for— (I) each of fiscal years 2014 through 2016, that is less than 100 percent of the allocation percentage of the local area for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allocation percentage of the local area for the preceding fiscal year. (ii) Maximum percentage Subject to clause (i) , the State shall ensure that no local area shall receive an allocation for a fiscal year under this paragraph for— (I) each of fiscal years 2014 through 2016, that is more than 130 percent of the allocation percentage of the local area for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is more than 130 percentage of the allocation percentage of the local area for the preceding fiscal year. (C) Definitions For the purpose of the formula specified in this paragraph, the term allocation percentage — (i) used with respect to fiscal year 2012, means the percentage of the amounts allocated to local areas under title I of this Act, title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.), the Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the local area involved for fiscal year 2012; and (ii) used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allocated to local areas for the fiscal year under this paragraph that is received under this paragraph by the local area involved for the fiscal year. ; (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general The Governor, may in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation. ; (B) in paragraph (2), by striking paragraph (2)(A) or (3) of subsection (b) for such activities and inserting subsection (b) for such activities ; (C) by amending paragraph (3) to read as follows: (3) Reallocations In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(2) for such activities for such prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(2) for such activities for such prior program year. ; and (D) in paragraph (4), by striking paragraph (2)(A) or (3) of ; and (4) by adding at the end the following new subsection: (d) Local administrative cost limit Of the amounts allocated to a local area under this section for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities in the local area under this chapter. . 113. Use of funds for employment and training activities Section 134 is amended— (1) by amending subsection (a) to read as follows: (a) Statewide Employment and Training Activities (1) In general (A) Distribution of statewide activities Funds reserved by a Governor for a State as described in section 133(a)(1)— (i) shall be used to carry out the statewide employment and training activities described in paragraph (2); and (ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3). (B) Statewide rapid response activities Funds reserved by a Governor for a State as described in section 133(a)(2) shall be used to carry out the statewide rapid response activities described in paragraph (4). (C) Statewide grants for individuals with barriers to employment Funds reserved by a Governor for a State as described in section 133(a)(3) shall be used to carry out the Statewide Grants for Individuals with Barriers to Employment competition described in paragraph (5). (2) Required Statewide employment and training activities A State shall use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities, which shall include— (A) disseminating the State list of eligible providers of training described in section 122(d), information identifying eligible providers of on-the-job training and customized training described in section 122(i), and performance information and program cost information described in section 122(b)(2); (B) supporting the provision of work ready services described in subsection (c)(2) in the one-stop delivery system; (C) implementing strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, recognized postsecondary credentials, and employment experience to succeed in the labor market; (D) conducting evaluations under section 136(e) of activities authorized under this chapter in coordination with evaluations carried out by the Secretary under section 172; (E) providing technical assistance to local areas that fail to meet local performance measures; (F) operating a fiscal and management accountability system under section 136(f); and (G) carrying out monitoring and oversight of activities carried out under this chapter. (3) Allowable statewide employment and training activities A State may use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities which may include— (A) implementing innovative programs and strategies designed to meet the needs of all employers in the State, including small employers, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnerships, career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title; (B) providing incentive grants to local areas for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)), for local coordination of activities carried out under this Act, and for exemplary performance by local areas on the local performance measures; (C) developing strategies for effectively integrating programs and services among one-stop partners; (D) carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; (E) incorporating pay-for-performance contracting strategies as an element in funding activities under this section and providing technical support to local areas and eligible providers in order to carry out such strategy, which may provide assistance with data collection and data entry requirements; (F) carrying out the State option under subsection (f)(8); and (G) carrying out other activities authorized under this section that the State determines to be necessary to assist local areas in carrying out activities described in subsection (c) or (d) through the statewide workforce investment system. (4) Statewide rapid response activities A State shall use funds reserved as described in section 133(a)(2) to carry out statewide rapid response activities, which shall include— (A) provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas; and (B) provision of additional assistance to local areas that experience disasters, mass layoffs or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas. (5) Statewide grants for individuals with barriers to employment (A) In general Of the funds reserved as described in section 133(a)(3), the Governor of a State— (i) may reserve up to 5 percent to provide technical assistance to, and conduct evaluations as described in section 136(e), of the programs and activities carried out under this paragraph; and (ii) using the remainder, shall award grants on a competitive basis to eligible entities described in subparagraph (B) to carry out employment and training programs authorized under this paragraph for individuals with barriers to employment that meet specific performance outcomes and criteria established by the Governor. (B) Eligible entity defined For purposes of this paragraph, the term eligible entity means an entity that— (i) is a— (I) local board or a consortium of local boards; (II) nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities; or (III) consortium of the entities described in subclauses (I) and (II); (ii) has a demonstrated record of placing individuals into unsubsidized employment and serving hard to serve individuals; and (iii) agrees to be reimbursed primarily on the basis of achievement of specified performance outcomes and criteria established by the Governor. (C) Grant period (i) In general A grant under this paragraph shall be awarded for a period of 1 year. (ii) Grant renewal A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph. (D) Eligible Participants To be eligible to participate in activities under this paragraph, an individual shall be a low-income individual age 16 or older or a member of a low-income family. (E) Use of Funds An eligible entity receiving a grant under this paragraph shall use such funds for activities that are designed to assist eligible participants in obtaining employment and acquiring the education and skills necessary to succeed in the labor market. (F) Applications To be eligible to receive a grant under this paragraph, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including— (i) a description of how the strategies and activities will be aligned with the State plan submitted under section 112 and the local plan submitted under section 118 with respect to the areas of the State that will be the focus of grant activities under this paragraph; (ii) a description of the educational and skills training programs and activities the eligible entity will provide to eligible participants under this paragraph; (iii) how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities; (iv) a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve the education and skills training for eligible participants; (v) a description of the populations to be served and the skill needs of those populations, and the manner in which eligible participants will be recruited and selected as participants; (vi) a description of the private, public, local, and State resources that will be leveraged, in addition to the grant funds provided for the programs and activities under this paragraph, and how the entity will ensure the sustainability of such programs and activities after grant funds are no longer available; (vii) a description of the extent of the involvement of employers in such programs and activities; (viii) a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for all individuals specified in section in 136(b)(2); (ix) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures that will be used to ensure fiscal soundness for the programs and activities provided under this paragraph; and (x) any other criteria the Governor may require. ; (2) by amending subsection (b) to read as follows: (b) Local employment and training activities Funds allocated to a local area under section 133(b)— (1) shall be used to carry out employment and training activities described in subsection (c); and (2) may be used to carry out employment and training activities described in subsection (d). ; (3) by striking subsection (c); (4) by redesignating subsections (d) and (e), as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) In general Funds allocated to a local area under section 133(b) shall be used— (A) to establish a one-stop delivery system as described in section 121(e); (B) to provide the work ready services described in paragraph (2) through the one-stop delivery system in accordance with such paragraph; and (C) to provide training services described in paragraph (4) in accordance with such paragraph. ; (B) in paragraph (2)— (i) in the heading, by striking Core services and inserting Work ready services ; (ii) in the matter preceding subparagraph (A)— (I) by striking (1)(A) and inserting (1)(B) ; (II) by striking core services and inserting work ready services ; and (III) by striking who are adults or dislocated workers ; (iii) by redesignating subparagraph (K) as subparagraph (V); (iv) by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively; (v) by inserting after subparagraph (A) the following: (B) assistance in obtaining eligibility determinations under the other one-stop partner programs through activities, where appropriate and consistent with the authorizing statute of the one-stop partner program, such as assisting in the submission of applications, the provision of information on the results of such applications, and the provision of intake services and information; ; (vi) by amending subparagraph (E), as so redesignated, to read as follows: (E) labor exchange services, including— (i) job search and placement assistance, and where appropriate, career counseling; (ii) appropriate recruitment services for employers, including small employers, in the local area, which may include services described in this subsection, including information and referral to specialized business services not traditionally offered through the one-stop delivery system; and (iii) reemployment services provided to unemployment claimants, including claimants identified as in need of such services under the worker profiling system established under section 303(j) of the Social Security Act (42 U.S.C. 503(j)); ; (vii) in subparagraph (F), as so redesignated, by striking employment statistics and inserting workforce and labor market ; (viii) in subparagraph (G), as so redesignated, by striking and eligible providers of youth activities described in section 123, ; (ix) in subparagraph (H), as so redesignated, by inserting under section 136 after local performance measures ; (x) in subparagraph (J), as so redesignated, by inserting and the administration of the work test for the unemployment compensation system after compensation ; (xi) by amending subparagraph (K), as so redesignated, to read as follows: (K) assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act and are available in the local area; ; and (xii) by inserting the following new subparagraphs after subparagraph (K), as so redesignated: (L) the provision of information from official publications of the Internal Revenue Service regarding Federal tax credits available to individuals relating to education, job training and employment; (M) comprehensive and specialized assessments of the skill levels and service needs of workers, which may include— (i) diagnostic testing and use of other assessment tools; and (ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; (N) development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant; (O) group counseling; (P) individual counseling and career planning; (Q) case management; (R) short-term pre-career services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training; (S) internships and work experience; (T) literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if such activities are not available to participants in the local area under programs administered under the Adult Education and Family Literacy Act (20 U.S.C. 2901 et seq.); (U) out-of-area job search assistance and relocation assistance; and ; and (C) by amending paragraph (3) to read as follows: (3) Delivery of services The work ready services described in paragraph (2) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board. ; (D) in paragraph (4)— (i) by amending subparagraph (A) to read as follows: (A) In general Funds described in paragraph (1)(C) shall be used to provide training services to individuals who— (i) after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to— (I) be in need of training services to obtain or retain employment; and (II) have the skills and qualifications to successfully participate in the selected program of training services; (ii) select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the individual receiving such services are willing to commute or relocate; and (iii) who meet the requirements of subparagraph (B). ; and (ii) in subparagraph (B)(i), by striking Except and inserting Notwithstanding section 479B of the Higher Education Act of 1965 ( 20 U.S.C. 1087uu ) and except ; (iii) by amending subparagraph (D) to read as follows: (D) Training services Training services authorized under this paragraph may include— (i) occupational skills training; (ii) on-the-job training; (iii) skill upgrading and retraining; (iv) entrepreneurial training; (v) education activities leading to a regular secondary school diploma or its recognized equivalent in combination with, concurrently or subsequently, occupational skills training; (vi) adult education and literacy activities provided in conjunction with other training authorized under this subparagraph; (vii) workplace training combined with related instruction; (viii) occupational skills training that incorporates English language acquisition; (ix) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; and (x) training programs operated by the private sector. ; (iv) by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and (v) in subparagraph (E) (as so redesignated)— (I) in clause (ii)— (aa) in the matter preceding subclause (I), by striking subsection (c) and inserting section 121 ; (bb) in subclause (I), by striking section 122(e) and inserting section 122(d) and by striking section 122(h) and inserting section 122(i) ; and (cc) in subclause (II), by striking subsections (e) and (h) and inserting subsection (i) ; and (II) by striking clause (iii) and inserting the following: (iii) Career enhancement accounts An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through a career enhancement account. (iv) Coordination Each local board may, through one-stop centers, coordinate career enhancement accounts with other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services. (v) Assistance Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts in obtaining funds (in addition to the funds provided under this section) from other programs and sources that will assist the individual in obtaining training services. ; and (vi) in subparagraph (F) (as so redesignated)— (I) in the subparagraph heading, by striking individual training accounts and inserting career enhancement accounts ; (II) in clause (i) by striking individual training accounts and inserting career enhancement accounts ; (III) in clause (ii)— (aa) by striking an individual training account and inserting a career enhancement account ; (bb) by striking subparagraph (F) and inserting subparagraph (E) ; (cc) in subclause (II), by striking individual training accounts and inserting career enhancement accounts ; (dd) in subclause (II) by striking or after the semicolon; (ee) in subclause (III) by striking the period and inserting ; or ; and (ff) by adding at the end the following: (IV) the local board determines that it would be most appropriate to award a contract to a postsecondary educational institution that has been identified as a priority eligible provider under section 117(d)(5)(B) in order to facilitate the training of multiple individuals in in-demand sectors or occupations, such contract may be used to enable the expansion of programs provided by a priority eligible provider, and such contract does not limit customer choice. ; (IV) in clause (iii), by striking adult or dislocated worker and inserting individual ; and (V) in clause (iv)— (aa) by redesignating subclause (IV) as subclause (V) and inserting after subclause (III) the following: (IV) Individuals with disabilities. ; (6) in subsection (d) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) Discretionary one-stop delivery activities (A) In general Funds allocated to a local area under section 133(b)(2) may be used to provide, through the one-stop delivery system— (i) customized screening and referral of qualified participants in training services to employers; (ii) customized employment-related services to employers on a fee-for-service basis; (iii) customer supports, including transportation and childcare, to navigate among multiple services and activities for special participant populations that face multiple barriers to employment, including individuals with disabilities; (iv) employment and training assistance provided in coordination with child support enforcement activities of the State agency carrying out subtitle D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ); (v) incorporating pay-for-performance contract strategies as an element in funding activities under this section; (vi) activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and (vii) activities to carry out business services and strategies that meet the workforce investment needs of local area employers, as determined by the local board, consistent with the local plan under section 118. . (B) by striking paragraphs (2) and (3); and (C) by adding at the end the following: (2) Incumbent worker training programs (A) In general The local board may use funds allocated to a local area under section 133(b)(2) to carry out incumbent worker training programs in accordance with this paragraph. (B) Training activities The training programs for incumbent workers under this paragraph shall be carried out by the local area in conjunction with the employers of such workers for the purpose of assisting such workers in obtaining the skills necessary to retain employment and avert layoffs. (C) Employer match required (i) In general Employers participating in programs under this paragraph shall be required to pay a proportion of the costs of providing the training to the incumbent workers of the employers. The local board shall establish the required portion of such costs, which may include in-kind contributions. (ii) Calculation of match The wages paid by an employer to a worker while they are attending training may be included as part of the required payment of the employer. ; and (7) by adding at the end the following: (e) Priority for Placement in Private Sector Jobs In providing employment and training activities authorized under this section, the State and local board shall give priority to placing participants in jobs in the private sector. (f) Veteran employment specialist (1) In general Subject to paragraph (8), a local board shall hire and employ one or more veteran employment specialist to carry out employment, training, and placement services under this subsection in the local area served by the local board. (2) Principal duties A veteran employment specialist in a local area shall— (A) conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including— (i) conducting seminars for employers; and (ii) in conjunction with employers, conducting job search workshops, and establishing job search groups; and (B) facilitate employment, training, supportive, and placement services furnished to veterans, including disabled and homeless veterans, in the local area. (3) Hiring preference for veterans and individuals with expertise in serving veterans Subject to paragraph (8), a local board shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to carry out the services described in paragraph (2) in the local area served by the local board. In hiring an individual to serve as a veteran employment specialist, a local board shall give preference to veterans and other individuals in the following order: (A) To service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to veterans. (C) If no veteran described in subparagraph (A) or (B) is available, to any member of the Armed Forces transitioning out of military service. (D) If no veteran described in subparagraph (A), (B), or (C) is available, to any spouse of a veteran or a spouse of a member of the Armed Forces transitioning out of military service. (E) If no veteran described in subparagraph (A), (B), or (C) is available and no spouse described in paragraph (D) is available, to any other individuals with expertise in serving veterans. (4) Administration and reporting (A) In general Each veteran employment specialist shall be administratively responsible to the manager of the one-stop delivery center in the local area and shall provide, at a minimum, quarterly reports to the manager of such center and to the Director for Veterans’ Employment and Training for the State on the performance and compliance by the specialist with Federal law and regulations with respect to the— (i) principal duties and special services for veterans described in paragraph (2); and (ii) hiring preferences described in paragraph (3) for veterans and individuals with expertise in serving veterans. (B) Report to Secretary Each State shall submit to the Secretary an annual report on the qualifications used by the local board in making hiring determinations for a veteran employment specialist and the salary structure under which such specialist is compensated. (C) Report to Congress The Secretary shall submit to the Committee on Education and the Workforce and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the Senate an annual report summarizing the reports submitted under subparagraph (B), including summaries of outcomes achieved by participating veterans disaggregated by local areas. (5) Part-time employees A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this subsection on a halftime basis. (6) Training requirements Each veteran employment specialist described in paragraph (2) shall satisfactorily complete training provided by the National Veterans' Employment and Training Institute during the three-year period that begins on the date on which the employee is so assigned. (7) Specialist’s duties A full-time veteran employment specialist shall perform only duties related to the employment, training, supportive, and placement services under this subsection, and shall not perform other non-veteran-related duties if such duties detract from the specialist’s ability to perform the specialist's duties related to employment, training, and placement services under this subsection. (8) State option At the request of a local board, a State may assume the duties assigned to the local board under paragraphs (1) and (3), including the hiring and employment of one or more veteran employment specialist for placement in the local area served by the local board. . 114. Performance accountability system Section 136 (29 U.S.C. 2871) is amended— (1) in subsection (b)— (A) by amending paragraphs (1) and (2) to read as follows: (1) In general For each State, the State performance measures shall consist of— (A) (i) the core indicators of performance described in paragraph (2)(A); and (ii) additional indicators of performance (if any) identified by the State under paragraph (2)(B); and (B) a State adjusted level of performance for each indicator described in subparagraph (A). (2) Indicators of performance (A) Core indicators of performance (i) In general The core indicators of performance for the program of employment and training activities authorized under sections 132(a)(2) and 134, the program of adult education and literacy activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), shall consist of the following indicators of performance, each disaggregated by the populations identified in the State and local plans: (I) The percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program. (II) The percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program. (III) The median earnings of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program compared to the median earnings of such participants prior to the training received under such program. (IV) The percentage and number of program participants who obtain a recognized postsecondary credential, a registered apprenticeship, an industry-recognized credential, or a regular secondary school diploma or its recognized equivalent (subject to clause (ii)), during participation in or within 1 year after exit from program. (V) The percentage and number of program participants who, during a program year— (aa) are in an education or training program that leads to a recognized postsecondary credential, a registered apprenticeship or on-the-job training program, an industry-recognized credential, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; and (bb) are achieving measurable basic skill gains toward such a credential or employment. (VI) The percentage and number of program participants who obtain unsubsidized employment in the field relating to the training services described in section 134(c)(4) that such participants received. (ii) Indicator relating to credential For purposes of clause (i)(IV), program participants who obtain a regular secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have, within 1 year after exit from the program, obtained or retained employment, have been removed from public assistance, or are in an education or training program leading to a recognized postsecondary credential. (B) Additional indicators A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle. ; and (B) in paragraph (3)— (i) in subparagraph (A)— (I) in the heading, by striking and customer satisfaction indicator ; (II) in clause (i), by striking and the customer satisfaction indicator described in paragraph (2)(B) ; (III) in clause (ii), by striking and the customer satisfaction indicator of performance, for the first 3 and inserting , for all 3 ; (IV) in clause (iii)— (aa) in the heading, by striking for first 3 years ; and (bb) by striking and the customer satisfaction indicator of performance, for the first 3 program years and inserting for all 3 program years ; (V) in clause (iv)— (aa) by striking or (v) ; (bb) by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and (cc) in subclause (I) (as so redesignated)— (AA) by striking taking into account and inserting which shall be adjusted based on ; (BB) by inserting , such as unemployment rates and job losses or gains in particular industries after economic conditions ; and (CC) by inserting , such as indicators of poor work experience, dislocation from high-wage employment, low levels of literacy or English proficiency, disability status, including the number of veterans with disabilities, and welfare dependency after program ; (VI) by striking clause (v) and redesignating clause (vi) as clause (v); and (VII) in clause (v) (as so redesignated), (aa) by striking described in clause (iv)(II) and inserting described in clause (iv)(I) ; and (bb) by striking or (v) ; and (ii) in subparagraph (B), by striking paragraph (2)(C) and inserting paragraph (2)(B) ; (2) in subsection (c)— (A) by amending clause (i) of paragraph (1)(A) to read as follows: (i) the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsections, other than statewide workforce investment activities; and ; (B) in clause (ii) of paragraph (1)(A), by striking (b)(2)(C) and inserting (b)(2)(B) ; and (C) by amending paragraph (3) to read as follows: (3) Determinations In determining such local levels of performance, the local board, the chief elected official, and the Governor shall ensure such levels are adjusted based on the specific economic characteristics (such as unemployment rates and job losses or gains in particular industries), demographic characteristics, or other characteristics of the population to be served in the local area. ; (3) in subsection (d)— (A) in paragraph (1)— (i) by striking 127 or ; (ii) by striking and the customer satisfaction indicator each place it appears; and (iii) in the last sentence, by inserting before the period the following: , and on the amount and percentage of the State’s annual allotment under section 132 the State spends on administrative costs and on the amount and percentage of its annual allocation under section 133 each local area in the State spends on administrative costs ; (B) in paragraph (2)— (i) by striking subparagraphs (A), (B), and (D); (ii) by redesignating subparagraph (C) as subparagraph (A); (iii) by redesignating subparagraph (E) as subparagraph (B); (iv) in subparagraph (B), as so redesignated— (I) by striking (excluding participants who received only self-service and informational activities) ; and (II) by striking and at the end; (v) by striking subparagraph (F); (vi) by adding at the end the following: (C) with respect to each local area in the State— (i) the number of individuals who received work ready services described under section 134(c)(2) and the number of individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, where the individuals received the training, disaggregated by the type of entity that provided the training, and the amount of funds spent on each type of service; (ii) the number of individuals who successfully exited out of work ready services described under section 134(c)(2) and the number of individuals who exited out of training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and (iii) the average cost per participant of those individuals who received work ready services described under section 134(c)(2) and the average cost per participant of those individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and (D) the amount of funds spent on training services and discretionary one-stop delivery activities, disaggregated by the populations identified in the State and local plans. ; (C) in paragraph (3)(A), by striking through publication and inserting through electronic means ; and (D) by adding at the end the following: (4) Data validation In preparing the reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, to ensure the information contained in the report is valid and reliable. (5) State and local policies (A) State policies Each State that receives an allotment under section 132 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the State board and make such repository available to the public, including by electronic means. (B) Local policies Each local area that receives an allotment under section 133 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the local board and make such repository available to the public, including by electronic means. ; (4) in subsection (g)— (A) in paragraph (1)(A), by striking or (B) ; (B) in paragraph (1)(B), by striking may reduce by not more than 5 percent, and inserting shall reduce ; and (C) by striking paragraph (2) and inserting the following: (2) Funds resulting from reduced allotments The Secretary shall return to the Treasury the amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B). ; (5) in subsection (h)(1), by striking or (B) ; (6) in subsection (h)(2)— (A) in subparagraph (A), by amending the matter preceding clause (i) to read as follows: (A) In general If such failure continues for a second consecutive year, the Governor shall take corrective actions, including the development of a reorganization plan. Such plan shall— ; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (C) by inserting after subparagraph (A), the following: (B) Reduction in the amount of grant If such failure continues for a third consecutive year, the Governor of a State shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance. ; (D) in subparagraph (C)(i) (as so redesignated), by striking a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan and inserting corrective actions under subparagraphs (A) and (B) may, not later than 30 days after receiving notice of the actions, appeal to the Governor to rescind or revise such actions ; and (E) in subparagraph (D) (as so redesignated), by striking subparagraph (B) each place it appears and inserting subparagraph (C) ; (7) in subsection (i)(1)(B), by striking subsection (b)(2)(C) and inserting subsection (b)(2)(B) ; (8) in subsection (i)(1)(C), by striking (b)(3)(A)(vi) and inserting (b)(3)(A)(v) ; (9) in subsection (i)(2), by striking the activities described in section 502 concerning ; (10) in subsection (i)(3), by striking described in paragraph (1) and in the activities described in section 502 and inserting and activities described in this subsection ; and (11) by adding at the end the following new subsections: (j) Use of core indicators for other programs In addition to the programs carried out under chapter 5, and consistent with the requirements of the applicable authorizing laws, the Secretary shall use the core indicators of performance described in subsection (b)(2)(A) to assess the effectiveness of the programs described under section 121(b)(1)(B) that are carried out by the Secretary. (k) Establishing pay-for-Performance incentives (1) In general At the discretion of the Governor of a State, a State may establish an incentive system for local boards to implement pay-for-performance contract strategies for the delivery of employment and training services in the local areas served by the local boards. (2) Implementation A State that establishes a pay-for-performance incentive system shall reserve not more than 10 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to provide funds to local areas in the State whose local boards have implemented a pay-for-performance contract strategy. (3) Evaluations A State described in paragraph (2) shall use funds reserved by the State under section 133(a)(1) to evaluate the return on investment of pay-for-performance contract strategies implemented by local boards in the State. . 115. Authorization of appropriations Section 137 (29 U.S.C. 2872) is amended to read as follows: 137. Authorization of appropriations There are authorized to be appropriated to carry out the activities described in section 132, $6,245,318,000 for fiscal year 2014 and each of the 6 succeeding fiscal years. . C Job Corps 116. Job Corps purposes Paragraph (1) of section 141 (29 U.S.C. 2881(1)) is amended to read as follows: (1) to maintain a national Job Corps program for at-risk youth, carried out in partnership with States and communities, to assist eligible youth to connect to the workforce by providing them with intensive academic, career and technical education, and service-learning opportunities, in residential and nonresidential centers, in order for such youth to obtain regular secondary school diplomas and recognized postsecondary credentials leading to successful careers in in-demand industries that will result in opportunities for advancement; . 117. Job Corps definitions Section 142 (29 U.S.C. 2882) is amended— (1) in paragraph (2)— (A) in the paragraph heading, by striking Applicable one-stop and inserting One-stop ; (B) by striking applicable ; (C) by striking customer service ; and (D) by striking intake and inserting assessment ; (2) in paragraph (4), by striking before completing the requirements and all that follows and inserting prior to becoming a graduate. ; and (3) in paragraph (5), by striking has completed the requirements and all that follows and inserting the following: who, as a result of participation in the Job Corps program, has received a regular secondary school diploma, completed the requirements of a career and technical education and training program, or received, or is making satisfactory progress (as defined under section 484(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(c) )) toward receiving, a recognized postsecondary credential, including an industry-recognized credential that prepares individuals for employment leading to economic self-sufficiency. . 118. Individuals eligible for the Job Corps Section 144 ( 29 U.S.C. 2884 ) is amended— (1) by amending paragraph (1) to read as follows: (1) not less than age 16 and not more than age 24 on the date of enrollment; ; (2) in paragraph (3)(B), by inserting secondary before school ; and (3) in paragraph (3)(E), by striking vocational and inserting career and technical education and . 119. Recruitment, screening, selection, and assignment of enrollees Section 145 ( 29 U.S.C. 2885 ) is amended— (1) in subsection (a)— (A) in paragraph (2)(C)(i) by striking vocational and inserting career and technical education and training ; and (B) in paragraph (3)— (i) by striking To the extent practicable, the and inserting The ; (ii) in subparagraph (A)— (I) by striking applicable ; and (II) by inserting and after the semicolon; (iii) by striking subparagraphs (B) and (C); and (iv) by adding at the end the following: (B) organizations that have a demonstrated record of effectiveness in placing at-risk youth into employment. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting and agrees to such rules after failure to observe the rules ; and (ii) by amending subparagraph (C) to read as follows: (C) the individual has passed a background check conducted in accordance with procedures established by the Secretary, which shall include— (i) a search of the State criminal registry or repository in the State where the individual resides and each State where the individual previously resided; (ii) a search of State-based child abuse and neglect registries and databases in the State where the individual resides and each State where the individual previously resided; (iii) a search of the National Crime Information Center; (iv) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (v) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.). ; and (B) by adding at the end the following new paragraph: (3) Individuals convicted of a crime An individual shall be ineligible for enrollment if the individual— (A) makes a false statement in connection with the criminal background check described in paragraph (1)(C); (B) is registered or is required to be registered on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or (C) has been convicted of a felony consisting of— (i) homicide; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) a crime involving rape or sexual assault; or (v) physical assault, battery, or a drug-related offense, committed within the past 5 years. ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking 2 years and inserting year ; and (ii) by striking an assignment and inserting a ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking , every 2 years, ; (ii) in subparagraph (B), by striking and at the end; and (iii) in subparagraph (C)— (I) by inserting the education and training after including ; and (II) by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (D) the performance of the Job Corps center relating to the indicators described in paragraphs (1) and (2) in section 159(c), and whether any actions have been taken with respect to such center pursuant to section 159(f). ; and (4) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking is closest to the home of the enrollee, except that the and inserting offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The ; (ii) by striking subparagraph (A); and (iii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in paragraph (2), by inserting that offers the career and technical education and training desired by after home of the enrollee . 120. Job Corps centers Section 147 (29 U.S.C. 2887) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by striking vocational both places it appears and inserting career and technical ; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253 ) and inserting subsections (a) and (b) of section 3304 of title 41, United States Code ; and (II) by striking industry council and inserting workforce council ; (ii) in subparagraph (B)(i)— (I) by amending subclause (II) to read as follows: (II) the ability of the entity to offer career and technical education and training that the workforce council proposes under section 154(c); ; (II) in subclause (III), by striking is familiar with the surrounding communities, applicable and inserting demonstrates relationships with the surrounding communities, employers, workforce boards, and by striking and at the end; (III) by amending subclause (IV) to read as follows: (IV) the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity’s demonstrated effectiveness in assisting individuals in achieving the primary and secondary indicators of performance described in paragraphs (1) and (2) of section 159(c); and ; and (IV) by adding at the end the following new subclause: (V) the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including by providing them with intensive academic, and career and technical education and training. ; and (iii) in subparagraph (B)(ii), by striking , as appropriate ; (2) in subsection (b), by striking In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps. ; (3) by amending subsection (c) to read as follows: (c) Civilian conservation centers (1) In general The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall adhere to all the provisions of this subtitle, and shall provide, in addition to education, career and technical education and training, and workforce preparation skills training described in section 148, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest. (2) Selection process The Secretary shall select an entity that submits an application under subsection (d) to operate a Civilian Conservation Center on a competitive basis, as provided in subsection (a). ; and (4) by striking subsection (d) and inserting the following: (d) Application To be eligible to operate a Job Corps center under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of the program activities that will be offered at the center, including how the career and technical education and training reflect State and local employment opportunities, including in in-demand industries; (2) a description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment upon completion of the program; (3) a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment, including past performance of operating a Job Corps center under this subtitle; (4) a description of the relationships that the entity has developed with State and local workforce boards, employers, State and local educational agencies, and the surrounding communities in an effort to promote a comprehensive statewide workforce investment system; (5) a description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a); (6) a description of the strategies and policies the entity will utilize to reduce participant costs; (7) a description of the steps taken to control costs in accordance with section 159(a)(3); (8) a detailed budget of the activities that will be supported using funds under this subtitle; (9) a detailed budget of the activities that will be supported using funds from non-Federal resources; (10) an assurance the entity will comply with the administrative cost limitation included in section 151(c); (11) an assurance the entity is licensed to operate in the State in which the center is located; and (12) an assurance the entity will comply with and meet basic health and safety codes, including those measures described in section 152(b). (e) Length of agreement The agreement described in subsection (a)(1)(A) shall be for not longer than a 2-year period. The Secretary may renew the agreement for 3 one-year periods if the entity meets the requirements of subsection (f). (f) Renewal (1) In general Subject to paragraph (2), the Secretary may renew the terms of an agreement described in subsection (a)(1)(A) for an entity to operate a Job Corps center if the center meets or exceeds each of the indicators of performance described in section 159(c)(1). (2) Recompetition (A) In general Notwithstanding paragraph (1), the Secretary shall not renew the terms of the agreement for an entity to operate a Job Corps center if such center is ranked in the bottom quintile of centers described in section 159(f)(2) for any program year. Such entity may submit a new application under subsection (d) only if such center has shown significant improvement on the indicators of performance described in section 159(c)(1) over the last program year. (B) Violations The Secretary shall not select an entity to operate a Job Corps center if such entity or such center has been found to have a systemic or substantial material failure that involves— (i) a threat to the health, safety, or civil rights of program participants or staff; (ii) the misuse of funds received under this subtitle; (iii) loss of legal status or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds; (iv) failure to meet any other Federal or State requirement that the entity has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified; or (v) an unresolved area of noncompliance. (g) Current grantees Not later than 60 days after the date of enactment of the SKILLS Act and notwithstanding any previous grant award or renewals of such award under this subtitle, the Secretary shall require all entities operating a Job Corps center under this subtitle to submit an application under subsection (d) to carry out the requirements of this section. . 121. Program activities Section 148 (29 U.S.C. 2888) is amended— (1) by amending subsection (a) to read as follows: (a) Activities provided through job corps centers (1) In General Each Job Corps center shall provide enrollees with an intensive, well-organized, and supervised program of education, career, and technical education and training, work experience, recreational activities, physical rehabilitation and development, and counseling. Each Job Corps center shall provide enrollees assigned to the center with access to work-ready services described in section 134(c)(2). (2) Relationship to opportunities (A) In general The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment— (i) secure and maintain meaningful unsubsidized employment; (ii) complete secondary education and obtain a regular secondary school diploma; (iii) enroll in and complete postsecondary education or training programs, including obtaining recognized postsecondary credentials, industry-recognized credentials, and registered apprenticeships; or (iv) satisfy Armed Forces requirements. (B) Link to employment opportunities The career and technical education and training provided shall be linked to the employment opportunities in in-demand industries in the State in which the Job Corps center is located. ; and (2) in subsection (b)— (A) in the subsection heading, by striking Education and Vocational and inserting Academic and Career and Technical Education and ; (B) by striking may after The Secretary and inserting shall ; and (C) by striking vocational each place it appears and inserting career and technical ; and (3) by amending paragraph (3) of subsection (c) to read as follows: (3) Demonstration Each year, any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that— (A) participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and (B) such operator has met or exceeded the indicators of performance described in paragraphs (1) and (2) of section 159(c) for the previous year. . 122. Counseling and job placement Section 149 (29 U.S.C. 2889) is amended— (1) in subsection (a), by striking vocational and inserting career and technical education and ; (2) in subsection (b), by striking make every effort to arrange to ; and (3) by striking subsection (d). 123. Support Subsection (b) of section 150 (29 U.S.C. 2890) is amended to read as follows: (b) Transition allowances and support for graduates The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of a recognized postsecondary credential, including an industry-recognized credential. . 124. Operations Section 151 ( 29 U.S.C. 2891 ) is amended— (1) in the header, by striking Operating plan . and inserting Operations . ; (2) in subsection (a), by striking In General. — and inserting Operating Plan. — ; (3) by striking subsection (b) and redesignating subsection (c) as subsection (b); (4) by amending subsection (b) (as so redesignated)— (A) in the heading by inserting of Operating Plan after Availability ; and (B) by striking subsections (a) and (b) and inserting subsection (a) ; and (5) by adding at the end the following new subsection: (c) Administrative costs Not more than 10 percent of the funds allotted under section 147 to an entity selected to operate a Job Corps center may be used by the entity for administrative costs under this subtitle. . 125. Community participation Section 153 (29 U.S.C. 2893) is amended to read as follows: 153. Community participation The director of each Job Corps center shall encourage and cooperate in activities to establish a mutually beneficial relationship between Job Corps centers in the State and nearby communities. Such activities may include the use of any local workforce development boards established under section 117 to provide a mechanism for joint discussion of common problems and for planning programs of mutual interest. . 126. Workforce councils Section 154 (29 U.S.C. 2894) is amended to read as follows: 154. Workforce councils (a) In general Each Job Corps center shall have a workforce council appointed by the Governor of the State in which the Job Corps center is located. (b) Workforce council composition (1) In General A workforce council shall be comprised of— (A) business members of the State board described in section 111(b)(1)(B)(i); (B) business members of the local boards described in section 117(b)(2)(A) located in the State; (C) a representative of the State board described in section 111(f); and (D) such other representatives and State agency officials as the Governor may designate. (2) Majority A 2/3 majority of the members of the workforce council shall be representatives described in paragraph (1)(A). (c) Responsibilities The responsibilities of the workforce council shall be— (1) to review all the relevant labor market information, including related information in the State plan described in section 112, to— (A) determine the in-demand industries in the State in which enrollees intend to seek employment after graduation; (B) determine the skills and education that are necessary to obtain the employment opportunities described in subparagraph (A); and (C) determine the type or types of career and technical education and training that will be implemented at the center to enable the enrollees to obtain the employment opportunities; and (2) to meet at least once a year to reevaluate the labor market information, and other relevant information, to determine any necessary changes in the career and technical education and training provided at the center. . 127. Technical assistance Section 156 (29 U.S.C. 2896) is amended to read as follows: 156. Technical assistance to centers (a) In general From the funds reserved under section 132(a)(3), the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for the Job Corps program for the purposes of improving program quality. (b) Activities In providing training and technical assistance and for allocating resources for such assistance, the Secretary shall— (1) assist entities, including those entities not currently operating a Job Corps center, in developing the application described in section 147(d); (2) assist Job Corps centers and programs in correcting deficiencies and violations under this subtitle; (3) assist Job Corps centers and programs in meeting or exceeding the indicators of performance described in paragraph (1) and (2) of section 159(c); and (4) assist Job Corps centers and programs in the development of sound management practices, including financial management procedures. . 128. Special provisions Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is amended by striking title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) and inserting chapter of 5 title 40, United States Code, . 129. Performance accountability management Section 159 ( 29 U.S.C. 2899 ) is amended— (1) in the section heading, by striking Management Information and inserting Performance Accountability and Management ; (2) in subsection (a)(3), by inserting before the period at the end the following: , or operating costs for such centers result in a budgetary shortfall ; (3) by striking subsections (c) through (g); and (4) by inserting after subsection (b) the following: (c) Indicators of Performance (1) Primary indicators The annual primary indicators of performance for Job Corps centers shall include— (A) the percentage and number of enrollees who graduate from the Job Corps center; (B) the percentage and number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps center, except that such calculation shall not include enrollment in education, the military or volunteer service; (C) the percentage and number of graduates who obtained a recognized postsecondary credential, including an industry-recognized credential or a registered apprenticeship; and (D) the cost per successful performance outcome, which is calculated by comparing the number of graduates who were placed in unsubsidized employment or obtained a recognized credential, including an industry-recognized credential, to total program costs, including all operations, construction, and administration costs at each Job Corp center. (2) Secondary indicators The annual secondary indicators of performance for Job Corps centers shall include— (A) the percentage and number of graduates who entered unsubsidized employment not related to the career and technical education and training received through the Job Corps center; (B) the percentage and number of graduates who entered into postsecondary education; (C) the percentage and number of graduates who entered into the military; (D) the average wage of graduates who are in unsubsidized employment— (i) on the first day of employment; and (ii) 6 months after the first day; (E) the number and percentage of graduates who entered unsubsidized employment and were retained in the unsubsidized employment— (i) 6 months after the first day of employment; and (ii) 12 months after the first day of employment; (F) the percentage and number of enrollees compared to the percentage and number of enrollees the Secretary has established targets in section 145(c)(1); (G) the cost per training slot, which is calculated by comparing the program’s maximum number of students that can be enrolled in a Job Corps center at any given time during the program year to the number of enrollees in the same program year; and (H) the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b). (3) Indicators of performance for recruiters The annual indicators of performance for recruiters shall include the measurements described in subparagraph (A) of paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2). (4) Indicators of performance of career transition service providers The annual indicators of performance of career transition service providers shall include the measurements described in subparagraphs (B) and (C) of paragraph (1) and subparagraphs, (B), (C), (D), and (E) of paragraph (2). (d) Additional information The Secretary shall collect, and submit in the report described in subsection (f), information on the performance of each Job Corps center, and the Job Corps program, regarding— (1) the number and percentage of former enrollees who obtained a regular secondary school diploma; (2) the number and percentage of former enrollees who entered unsubsidized employment; (3) the number and percentage of former enrollees who obtained a recognized postsecondary credential, including an industry-recognized credential; (4) the number and percentage of former enrollees who entered into military service; and (5) any additional information required by the Secretary. (e) Methods The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(i)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates. (f) Transparency and accountability (1) Report The Secretary shall collect and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, and make available to the public by electronic means, a report containing— (A) information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (B) a comparison of each Job Corps center, by rank, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (C) a comparison of each Job Corps center, by rank, on the average performance of all primary indicators described in paragraph (1) of subsection (c); (D) information on the performance of the service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs; and (E) a comparison of each service provider, by rank, on the performance of all service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs. (2) Assessment The Secretary shall conduct an annual assessment of the performance of each Job Corps center which shall include information on the Job Corps centers that— (A) are ranked in the bottom 10 percent on the performance indicator described in paragraph (1)(C); or (B) have failed a safety and health code review described in subsection (g). (3) Performance improvement With respect to a Job Corps center that is identified under paragraph (2) or reports less than 50 percent on the performance indicators described in subparagraph (A), (B), or (C) of subsection (c)(1), the Secretary shall develop and implement a 1 year performance improvement plan. Such a plan shall require action including— (A) providing technical assistance to the center; (B) changing the management staff of the center; (C) replacing the operator of the center; (D) reducing the capacity of the center; or (E) closing the center. (4) Closure of job corps centers Job Corps centers that have been identified under paragraph (2) for more than 4 consecutive years shall be closed. The Secretary shall ensure— (A) that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register and other appropriate means; and (B) the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary. (g) Participant health and safety The Secretary shall enter into an agreement with the General Services Administration or the appropriate State agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, to conduct an in-person review of the physical condition and health-related activities of each Job Corps center annually. Such review shall include a passing rate of occupancy under Federal and State ordinances. . D National Programs 130. Technical assistance Section 170 (29 U.S.C. 2915) is amended— (1) by striking subsection (b); (2) by striking: (a) General technical assistance ; (3) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c) respectively, and moving such subsections 2 ems to the left, and conforming the casing style of the headings of such subsections to the casing style of the heading of subsection (d), as added by paragraph (7) of this section; (4) in subsection (a) (as so redesignated)— (A) by inserting the training of staff providing rapid response services, the training of other staff of recipients of funds under this title, assistance regarding accounting and program operation practices (when such assistance would not be duplicative to assistance provided by the State), technical assistance to States that do not meet State performance measures described in section 136, after localities, ; and (B) by striking from carrying out activities and all that follows up to the period and inserting to implement the amendments made by the SKILLS Act ; (5) in subsection (b) (as so redesignated)— (A) by striking paragraph (1) and inserting subsection (a) ; (B) by striking , or recipient of financial assistance under any of sections 166 through 169, ; and (C) by striking or grant recipient ; (6) in subsection (c) (as so redesignated), by striking paragraph (1) and inserting subsection (a) ; and (7) by inserting, after subsection (c) (as so redesignated), the following: (d) Best practices coordination The Secretary shall— (1) establish a system through which States may share information regarding best practices with regard to the operation of workforce investment activities under this Act; and (2) evaluate and disseminate information regarding best practices and identify knowledge gaps. . 131. Evaluations Section 172 ( 29 U.S.C. 2917 ) is amended— (1) in subsection (a), by striking the Secretary shall provide for the continuing evaluation of the programs and activities, including those programs and activities carried out under section 171 and inserting the Secretary, through grants, contracts, or cooperative agreements, shall conduct, at least once every 5 years, an independent evaluation of the programs and activities funded under this Act ; (2) in subsection (a)(4) is amended to read as follows: (4) the impact of receiving services and not receiving services under such programs and activities on the community, businesses, and individuals; ; (3) in subsection (c) is amended to read as follows: (c) Techniques Evaluations conducted under this section shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies, quasi-experimental methods, impact analysis and the use of administrative data. The Secretary shall conduct an impact analysis, as described in subsection (a)(4), of the formula grant program under subtitle B not later than 2015, and thereafter shall conduct such an analysis not less than once every four years. ; (4) in subsection (e) is amended by striking the Committee on Labor and Human Resources of the Senate and inserting the Committee on Health, Education, Labor, and Pensions of the Senate ; (5) by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following: (f) Reduction of amounts authorized to be appropriated for late reporting If a report required to be transmitted to Congress under this section is not transmitted on or before the time period specified for that report, amounts authorized to be appropriated under this title shall be reduced by 10 percent for the fiscal year that begins after the date on which the final report required under this section is required to be transmitted and reduced by an additional 10 percent each subsequent fiscal year until each such report is transmitted to Congress. . (6) by adding at the end, the following: (h) Public availability The results of the evaluations conducted under this section shall be made publicly available, including by posting such results on the Department’s website. . E Administration 132. Requirements and restrictions Section 181 (29 U.S.C. 2931) is amended— (1) in subsection (b)(6), by striking , including representatives of businesses and of labor organizations ; (2) in subsection (c)(2)(A), in the matter preceding clause (i), by striking shall and inserting may ; (3) in subsection (e)— (A) by striking training for and inserting the entry into employment, retention in employment, or increases in earnings of ; and (B) by striking subtitle B and inserting this Act ; (4) in subsection (f)(4), by striking 134(a)(3)(B) and inserting 134(a)(6) ; and (5) by adding at the end the following: (g) Salary and bonus limitation No funds provided under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Level II of the Federal Executive Pay Schedule (5 U.S.C. 5313). This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the programs. (h) General authority (1) In general The Employment and Training Administration of the U.S. Department of Labor (hereinafter in this Act referred to as the Administration ) shall administer all programs authorized under title I and III of this Act. The Administration shall be headed by an Assistant Secretary appointed by the President by and with the advice and consent of the Senate. Except for titles II and IV, the Administration shall be the principal agency, and the Assistant Secretary shall be the principal officer, of such Department for carrying out this Act. (2) Qualifications The Assistant Secretary shall be an individual with substantial experience in workforce development and in workforce development management. The Assistant Secretary shall also, to the maximum extent possible, possess knowledge and have worked in or with the State or local workforce investment system or have been a member of the business community. In the performance of the functions of the office, the Assistant Secretary shall be directly responsible to the Secretary or the Under Secretary as designed by the Secretary. The functions of the Assistant Secretary shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Assistant Secretary. Any reference in this Act to duties to be carried out by the Assistant Secretary shall be considered to be a reference to duties to be carried out by the Secretary acting through the Assistant Secretary. . 133. Prompt allocation of funds Section 182 (29 U.S.C. 2932) is amended— (1) in subsection (c), by striking 127 or ; and (2) in subsection (e)— (A) by striking sections 128 and 133 and inserting section 133 ; and (B) by striking 127 or . 134. Fiscal controls; sanctions Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is amended— (1) by striking (A) and all that follows through Each and inserting Each ; and (2) by striking subparagraph (B). 135. Reports to Congress Section 185 (29 U.S.C. 2935) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and after the semicolon; (B) in paragraph (3), by striking the period and inserting ; and ; and (C) by adding at the end the following: (4) shall have the option to submit or disseminate electronically any reports, records, plans, or any other data that are required to be collected or disseminated under this title. ; and (2) in subsection (e)(2), by inserting and the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, after Secretary, . 136. Administrative provisions Section 189 (29 U.S.C. 2939) is amended— (1) in subsection (g)— (A) by amending paragraph (1) to read as follows: (1) In general Appropriations for any fiscal year for programs and activities carried out under this title shall be available for obligation only on the basis of a program year. The program year shall begin on October 1 in the fiscal year for which the appropriation is made. ; and (B) in paragraph (2)— (i) by striking each State and inserting each recipient ; and (ii) by striking 171 or ; (2) in subsection (i)— (A) by striking paragraphs (2) and (3); (B) by redesignating paragraph (4) as paragraph (2); (C) by amending paragraph (2)(A), as so redesignated— (i) by striking requirements of subparagraph (B) and all that follows through any of the statutory or regulatory requirements of subtitle B and inserting requirements of subparagraph (B) or (D), any of the statutory or regulatory requirements of subtitle B ; (ii) by striking clause (ii); and (iii) in clause (i), by striking ; and and inserting a period at the end; and (D) by adding at the end the following: (D) Expedited process for extending approved waivers to additional states In lieu of the requirements of subparagraphs (B) and (C), the Secretary may establish an expedited procedure for the purpose of extending to additional States the waiver of statutory or regulatory requirements that have been approved for a State pursuant to a request under subparagraph (B). Such procedure shall ensure that the extension of such waivers to additional States are accompanied by appropriate conditions relating the implementation of such waivers. (E) External Conditions The Secretary shall not require or impose new or additional requirements, which are not specified under this Act, on a State in exchange for providing a waiver to the State or a local area in the State under this paragraph. . 137. State legislative authority Section 191(a) (29 U.S.C. 2941(a)) is amended— (1) by striking consistent with the provisions of this title and inserting consistent with State law and the provisions of this title ; and (2) by striking consistent with the terms and conditions required under this title and inserting consistent with State law and the terms and conditions required under this title . 138. General program requirements Section 195 (29 U.S.C. 2945) is amended— (1) in paragraph (7), by inserting at the end the following: (D) Funds received by a public or private nonprofit entity that are not described in subparagraph (B), such as funds privately raised from philanthropic foundations, businesses, or other private entities, shall not be considered to be income under this title and shall not be subject to the requirements of this section. ; and (2) by adding at the end the following new paragraphs: (14) Funds provided under this title shall not be used to establish or operate stand-alone fee-for-service enterprises that compete with private sector employment agencies within the meaning of section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)), except that for purposes of this paragraph, such an enterprise does not include one-stop centers. (15) Any report required to be submitted to Congress, or to a Committee of Congress, under this title shall be submitted to both the chairmen and ranking minority members of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. . 139. Federal agency staff and restrictions on political and lobbying activities Subtitle E of title I (29 U.S.C. 2931 et seq.) is amended by adding at the end the following new sections: 196. Federal agency staff The Director of the Office of Management and Budget shall— (1) not later than 60 days after the date of the enactment of the SKILLS Act— (A) identify the number of Federal government employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment; and (B) identify the number of full-time equivalent employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment, and that have been repealed or consolidated on or after such date of enactment; (2) not later than 90 after such date of enactment, publish the information described in paragraph (1) on the Office of Management and Budget website; and (3) not later than 1 year after such date of enactment— (A) reduce the workforce of the Federal Government by the number of full-time equivalent employees identified under paragraph (1)(B); and (B) submit to Congress a report on how the Director carried out the requirements of subparagraph (A). 197. Restrictions on lobbying and political activities (a) Lobbying restrictions (1) Publicity restrictions (A) In general Subject to subparagraph (B), no funds provided under this Act shall be used or proposed for use, for— (i) publicity or propaganda purposes; or (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body. (B) Exception Subparagraph (A) shall not apply to— (i) normal and recognized executive-legislative relationships; (ii) the preparation, distribution, or use of the materials described in subparagraph (A)(ii) in presentation to the Congress or any State or local legislature (except that this subparagraph does not apply with respect to such preparation, distribution, or use in presentation to the executive branch of any State or local government); or (iii) if such materials are designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government. (2) Salary payment restriction No funds provided under this Act shall be used, or proposed for use, to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulations, administrative action, or executive order proposed or pending before the Congress or any State government, or State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local, or tribal government in policymaking and administrative processes within the executive branch of that government. (b) Political restrictions (1) In general No funds received by a participant of a program or an activity under this Act shall be used for— (A) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; or (B) any activity to provide voters with transportation to the polls or similar assistance in connection with any such election. (2) Definition For the purposes of this subsection, the term participant includes any State, local area, or governmental, nonprofit, or for-profit entity receiving funds under this Act. (3) Restriction on voter registration activities No funds under this Act shall be used to conduct voter registration activities. . F State unified plan 140. State unified plan Section 501 (20 U.S.C. 9271) is amended— (1) by amending subsection (a) to read as follows: (a) General authority The Secretary shall receive and approve State unified plans developed and submitted under this section. ; (2) by amending subsection (b) to read as follows: (b) State unified plan (1) In general A State may develop and submit to the Secretary a State unified plan for 2 or more of the activities or programs set forth in paragraph (2). The State unified plan shall cover one or more of the activities set forth in subparagraphs (A) and (B) of paragraph (2) and may cover one or more of the activities set forth in subparagraphs (C) through (N) of paragraph (2). For purposes of this paragraph, the activities and programs described in subparagraphs (A) and (B) of paragraph (2) shall not be considered to be 2 or more activities or programs for purposes of the unified plan. Such activities or programs shall be considered to be 1 activity or program. (2) Activities and programs The activities and programs referred to in paragraph (1) are as follows: (A) Programs and activities authorized under title I. (B) Programs and activities authorized under title II. (C) Programs authorized under the Rehabilitation Act of 1973. (D) Secondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act. (E) Postsecondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act. (F) Programs and activities authorized under title II of the Trade Act of 1974. (G) National Apprenticeship Act of 1937. (H) Programs authorized under the Community Services Block Grant Act. (I) Programs authorized under the part A of title IV of the Social Security Act. (J) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law). (K) Work programs authorized under section 6(o) of the Food Stamp Act of 1977. (L) Programs and activities authorized title I of the Housing and Community Development Act of 1974. (M) Programs and activities authorized under the Public Workers and Economic Development Act of 1965. (N) Activities as defined under chapter 41 of title 38, United States Code. ; (3) by amending subsection (d) to read as follows: (d) Approval (1) Jurisdiction In approving a State unified plan under this section, the Secretary shall— (A) submit the portion of the State unified plan covering an activity or program described in subsection (b)(2) to the head of the Federal agency who exercises administrative authority over the activity or program for the approval of such portion by such Federal agency head; or (B) coordinate approval of the portion of the State unified plan covering an activity or program described in subsection (b)(2) with the head of the Federal agency who exercises administrative authority over the activity or program. (2) Timeline A State unified plan shall be considered to be approved by the Secretary at the end of the 90-day period beginning on the day the Secretary receives the plan, unless the Secretary makes a written determination, during the 90-day period, that details how the plan is not consistent with the requirements of the Federal statute authorizing an activity or program described in subsection (b)(2) and covered under the plan or how the plan is not consistent with the requirements of subsection (c)(3). ; and (4) by adding at the end the following: (e) Additional employment and training funds (1) Purpose It is the purpose of this subsection to reduce inefficiencies in the administration of federally-funded State and local employment and training programs. (2) In general In developing a State unified plan for the activities or programs described in subsection (b)(2) and subject to paragraph (4) and the State plan approval process under subsection (d), a State may propose to consolidate the amount, in whole or part, provided for the activities or programs dedicated to employment and training into the Workforce Investment Fund under section 132(b) to improve the administration of State and local employment and training programs. (3) Requirements A State with a State unified plan approved under subsection (d) for purposes of consolidation under paragraph (2) and that is carrying out such consolidation shall— (A) continue to meet the program requirements, limitations, and prohibitions of any Federal statute authorizing the activity or program consolidated into the Workforce Investment Fund; (B) meet the intent and purpose of the activity or program consolidated into the Workforce Investment Fund; and (C) continue to make reservations and allotments under subsections (a) and (b) of section 133. (4) Exceptions A State may not consolidate funds under paragraph (2) that are allocated to the State under— (A) the Carl D. Perkins Career and Technical Education Act of 2006; or (B) the Rehabilitation Act of 1973. . II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Amendment Title II ( 20 U.S.C. 2901 et seq. ) is amended to read as follows: II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Short title This title may be cited as the Adult Education and Family Literacy Education Act . 202. Purpose It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and math skills, and support States and local communities in providing, on a voluntary basis, adult education and family literacy education programs, in order to— (1) increase the literacy of adults, including the basic reading, writing, speaking, and math skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce; (2) assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution; (3) assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children’s education including, through instruction in basic reading, writing, speaking, and math skills; and (4) assist adults who are not proficient in English in improving their reading, writing, speaking, listening, comprehension, and math skills. 203. Definitions In this title: (1) Adult education and family literacy education programs The term adult education and family literacy education programs means a sequence of academic instruction and educational services below the postsecondary level that increase an individual’s ability to read, write, and speak English and perform mathematical computations leading to a level of proficiency equivalent to at least a secondary school completion that is provided for individuals— (A) who are at least 16 years of age; (B) who are not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) lack sufficient mastery of basic reading, writing, speaking, and math skills to enable the individuals to function effectively in society; (ii) do not have a secondary school diploma or its equivalent and have not achieved an equivalent level of education; or (iii) are English learners. (2) Eligible agency The term eligible agency — (A) means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and (B) may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges. (3) Eligible provider The term eligible provider means an organization of demonstrated effectiveness which is— (A) a local educational agency; (B) a community-based or faith-based organization; (C) a volunteer literacy organization; (D) an institution of higher education; (E) a public or private educational agency; (F) a library; (G) a public housing authority; (H) an institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or (I) a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H). (4) English language acquisition program The term English language acquisition program means a program of instruction— (A) designed to help English learners achieve competence in reading, writing, speaking, and comprehension of the English language; and (B) that may lead to— (i) attainment of a secondary school diploma or its recognized equivalent; (ii) transition to success in postsecondary education and training; and (iii) employment or career advancement. (5) Family literacy education program The term family literacy education program means an educational program that— (A) assists parents and students, on a voluntary basis, in achieving the purposes of this title as described in section 202; and (B) is of sufficient intensity in terms of hours and of sufficient quality to make sustainable changes in a family, is evidence-based, and, for the purpose of substantially increasing the ability of parents and children to read, write, and speak English, integrates— (i) interactive literacy activities between parents and their children; (ii) training for parents regarding how to be the primary teacher for their children and full partners in the education of their children; (iii) parent literacy training that leads to economic self-sufficiency; and (iv) an age-appropriate education to prepare children for success in school and life experiences. (6) Governor The term Governor means the chief executive officer of a State or outlying area. (7) Individual with a disability (A) In general The term individual with a disability means an individual with any disability (as defined in section 3 of the Americans with Disabilities Act of 1990). (B) Individuals with disabilities The term individuals with disabilities means more than one individual with a disability. (8) English learner The term English learner means an adult or out-of-school youth who has limited ability in reading, writing, speaking, or understanding the English language, and— (A) whose native language is a language other than English; or (B) who lives in a family or community environment where a language other than English is the dominant language. (9) Integrated Education and Training The term integrated education and training means services that provide adult education and literacy activities contextually and concurrently with workforce preparation activities and workforce training for a specific occupation or occupational cluster. Such services may include offering adult education services concurrent with postsecondary education and training, including through co-instruction. (10) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965. (11) Literacy The term literacy means an individual’s ability to read, write, and speak in English, compute, and solve problems at a level of proficiency necessary to obtain employment and to successfully make the transition to postsecondary education. (12) Local educational agency The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (13) Outlying area The term outlying area has the meaning given the term in section 101 of this Act. (14) Postsecondary educational institution The term postsecondary educational institution means— (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree; (B) a tribally controlled community college; or (C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. (15) Secretary The term Secretary means the Secretary of Education. (16) State The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (17) State educational agency The term State educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (18) Workplace literacy program The term workplace literacy program means an educational program that is offered in collaboration between eligible providers and employers or employee organizations for the purpose of improving the productivity of the workforce through the improvement of reading, writing, speaking, and math skills. 204. Home schools Nothing in this title shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, or to compel a parent engaged in home schooling to participate in adult education and family literacy education activities under this title. 205. Authorization of appropriations There are authorized to be appropriated to carry out this title, $606,294,933 for fiscal years 2014 and for each of the 6 succeeding fiscal years. A Federal Provisions 211. Reservation of funds; grants to eligible agencies; allotments (a) Reservation of funds From the sums appropriated under section 205 for a fiscal year, the Secretary shall reserve 2.0 percent to carry out section 242. (b) Grants to eligible agencies (1) In general From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g). (2) Purpose of grants The Secretary may award a grant under paragraph (1) only if the eligible agency involved agrees to expend the grant in accordance with the provisions of this title. (c) Allotments (1) Initial allotments From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224— (A) $100,000, in the case of an eligible agency serving an outlying area; and (B) $250,000, in the case of any other eligible agency. (2) Additional allotments From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas. (d) Qualifying adult For the purpose of subsection (c)(2), the term qualifying adult means an adult who— (1) is at least 16 years of age; (2) is beyond the age of compulsory school attendance under the law of the State or outlying area; (3) does not have a secondary school diploma or its recognized equivalent; and (4) is not enrolled in secondary school. (e) Special rule (1) In general From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary. (2) Termination of eligibility Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective. (f) Hold-Harmless provisions (1) In general Notwithstanding subsection (c) and subject to paragraph (2), for— (A) fiscal year 2014, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for fiscal year 2012 under this title; and (B) fiscal year 2015 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title. (2) Ratable reduction If, for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratable reduce the payments to all eligible agencies, as necessary. (g) Reallotment The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year. 212. Performance accountability system Programs and activities authorized under this title are subject to the performance accountability provisions described in paragraph (2)(A) and (3) of section 136(b) and may, at a State’s discretion, include additional indicators identified in the State plan approved under section 224. B State Provisions 221. State administration Each eligible agency shall be responsible for the following activities under this title: (1) The development, submission, implementation, and monitoring of the State plan. (2) Consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title. (3) Coordination and avoidance of duplication with other Federal and State education, training, corrections, public housing, and social service programs. 222. State distribution of funds; matching requirement (a) State distribution of funds Each eligible agency receiving a grant under this title for a fiscal year— (1) shall use an amount not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 10 percent of such amount shall be available to carry out section 225; (2) shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and (3) shall use not more than 5 percent of the grant funds, or $65,000, whichever is greater, for the administrative expenses of the eligible agency. (b) Matching requirement (1) In general In order to receive a grant from the Secretary under section 211(b), each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and family literacy education programs for which the grant is awarded, a non-Federal contribution in an amount that is not less than— (A) in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and family literacy education programs in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and (B) in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and family literacy education programs in the State. (2) Non-federal contribution An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and family literacy education programs in a manner that is consistent with the purpose of this title. 223. State leadership activities (a) In general Each eligible agency may use funds made available under section 222(a)(2) for any of the following adult education and family literacy education programs: (1) The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b). (2) The provision of technical assistance to eligible providers of adult education and family literacy education programs, including for the development and dissemination of evidence based research instructional practices in reading, writing, speaking, math, and English language acquisition programs. (3) The provision of assistance to eligible providers in developing, implementing, and reporting measurable progress in achieving the objectives of this title. (4) The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities. (5) The provision of technology assistance, including staff training, to eligible providers of adult education and family literacy education programs, including distance education activities, to enable the eligible providers to improve the quality of such activities. (6) The development and implementation of technology applications or distance education, including professional development to support the use of instructional technology. (7) Coordination with other public programs, including programs under title I of this Act, and other welfare-to-work, workforce development, and job training programs. (8) Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and family literacy education programs, for adults enrolled in such activities. (9) The development and implementation of a system to assist in the transition from adult basic education to postsecondary education. (10) Activities to promote workplace literacy programs. (11) Other activities of statewide significance, including assisting eligible providers in achieving progress in improving the skill levels of adults who participate in programs under this title. (12) Integration of literacy, instructional, and occupational skill training and promotion of linkages with employees. (b) Coordination In carrying out this section, eligible agencies shall coordinate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a). (c) State-Imposed requirements Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area. 224. State plan (a) 3-Year plans (1) In general Each eligible agency desiring a grant under this title for any fiscal year shall submit to, or have on file with, the Secretary a 3-year State plan. (2) State unified plan The eligible agency may submit the State plan as part of a State unified plan described in section 501. (b) Plan contents The eligible agency shall include in the State plan or any revisions to the State plan— (1) an objective assessment of the needs of individuals in the State or outlying area for adult education and family literacy education programs, including individuals most in need or hardest to serve; (2) a description of the adult education and family literacy education programs that will be carried out with funds received under this title; (3) an assurance that the funds received under this title will not be expended for any purpose other than for activities under this title; (4) a description of how the eligible agency will annually evaluate and measure the effectiveness and improvement of the adult education and family literacy education programs funded under this title using the indicators of performance described in section 136, including how the eligible agency will conduct such annual evaluations and measures for each grant received under this title; (5) a description of how the eligible agency will fund local activities in accordance with the measurable goals described in section 231(d); (6) an assurance that the eligible agency will expend the funds under this title only in a manner consistent with fiscal requirements in section 241; (7) a description of the process that will be used for public participation and comment with respect to the State plan, which— (A) shall include consultation with the State workforce investment board, the State board responsible for administering community or technical colleges, the Governor, the State educational agency, the State board or agency responsible for administering block grants for temporary assistance to needy families under title IV of the Social Security Act, the State council on disabilities, the State vocational rehabilitation agency, and other State agencies that promote the improvement of adult education and family literacy education programs, and direct providers of such programs; and (B) may include consultation with the State agency on higher education, institutions responsible for professional development of adult education and family literacy education programs instructors, representatives of business and industry, refugee assistance programs, and faith-based organizations; (8) a description of the eligible agency’s strategies for serving populations that include, at a minimum— (A) low-income individuals; (B) individuals with disabilities; (C) the unemployed; (D) the underemployed; and (E) individuals with multiple barriers to educational enhancement, including English learners; (9) a description of how the adult education and family literacy education programs that will be carried out with any funds received under this title will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency; (10) a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 231(c)(1), including— (A) how the State will build the capacity of community-based and faith-based organizations to provide adult education and family literacy education programs; and (B) how the State will increase the participation of business and industry in adult education and family literacy education programs; (11) an assessment of the adequacy of the system of the State or outlying area to ensure teacher quality and a description of how the State or outlying area will use funds received under this subtitle to improve teacher quality, including evidence-based professional development to improve instruction; and (12) a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs. (c) Plan revisions When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions of the State plan to the Secretary. (d) Consultation The eligible agency shall— (1) submit the State plan, and any revisions to the State plan, to the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, or outlying area for review and comment; and (2) ensure that any comments regarding the State plan by the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, and any revision to the State plan, are submitted to the Secretary. (e) Plan approval The Secretary shall— (1) approve a State plan within 90 days after receiving the plan unless the Secretary makes a written determination within 30 days after receiving the plan that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and (2) not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (3), to review the plan and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle. 225. Programs for corrections education and other institutionalized individuals (a) Program authorized From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals. (b) Uses of funds The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for— (1) basic skills education; (2) special education programs as determined by the eligible agency; (3) reading, writing, speaking, and math programs; (4) secondary school credit or diploma programs or their recognized equivalent; and (5) integrated education and training. (c) Priority Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program. (d) Definitions For purposes of this section: (1) Correctional institution The term correctional institution means any— (A) prison; (B) jail; (C) reformatory; (D) work farm; (E) detention center; or (F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Criminal offender The term criminal offender means any individual who is charged with, or convicted of, any criminal offense. C Local Provisions 231. Grants and contracts for eligible providers (a) Grants and contracts From grant funds made available under section 222(a)(1), each eligible agency shall award multi-year grants or contracts, on a competitive basis, to eligible providers within the State or outlying area that meet the conditions and requirements of this title to enable the eligible providers to develop, implement, and improve adult education and family literacy education programs within the State. (b) Local activities The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to establish or operate— (1) programs that provide adult education and literacy activities; (2) programs that provide integrated employment and training activities; or (3) credit-bearing postsecondary coursework. (c) Direct and equitable access; same process Each eligible agency receiving funds under this title shall ensure that— (1) all eligible providers have direct and equitable access to apply for grants or contracts under this section; and (2) the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area. (d) Measurable goals The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to demonstrate— (1) the eligible provider’s measurable goals for participant outcomes to be achieved annually on the core indicators of performance described in section 136(b)(2)(A); (2) the past effectiveness of the eligible provider in improving the basic academic skills of adults and, for eligible providers receiving grants in the prior year, the success of the eligible provider receiving funding under this title in exceeding its performance goals in the prior year; (3) the commitment of the eligible provider to serve individuals in the community who are the most in need of basic academic skills instruction services, including individuals with disabilities and individuals who are low-income or have minimal reading, writing, speaking, and math skills, or are English learners; (4) the program is of sufficient intensity and quality for participants to achieve substantial learning gains; (5) educational practices are evidence-based; (6) the activities of the eligible provider effectively employ advances in technology, and delivery systems including distance education; (7) the activities provide instruction in real-life contexts, including integrated education and training when appropriate, to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship; (8) the activities are staffed by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the State; (9) the activities are coordinated with other available resources in the community, such as through strong links with elementary schools and secondary schools, postsecondary educational institutions, local workforce investment boards, one-stop centers, job training programs, community-based and faith-based organizations, and social service agencies; (10) the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs; (11) the activities include a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and to monitor program performance; (12) the local communities have a demonstrated need for additional English language acquisition programs, and integrated education and training programs; (13) the capacity of the eligible provider to produce valid information on performance results, including enrollments and measurable participant outcomes; (14) adult education and family literacy education programs offer rigorous reading, writing, speaking, and math content that are evidence based; and (15) applications of technology, and services to be provided by the eligible providers, are of sufficient intensity and duration to increase the amount and quality of learning and lead to measurable learning gains within specified time periods. (e) Special rule Eligible providers may use grant funds under this title to serve children participating in family literacy programs assisted under this part, provided that other sources of funds available to provide similar services for such children are used first. 232. Local application Each eligible provider desiring a grant or contract under this title shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including— (1) a description of how funds awarded under this title will be spent consistent with the requirements of this title; (2) a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and family literacy education programs; and (3) each of the demonstrations required by section 231(d). 233. Local administrative cost limits (a) In general Subject to subsection (b), of the amount that is made available under this title to an eligible provider— (1) at least 95 percent shall be expended for carrying out adult education and family literacy education programs; and (2) the remaining amount shall be used for planning, administration, personnel and professional development, development of measurable goals in reading, writing, speaking, and math, and interagency coordination. (b) Special rule In cases where the cost limits described in subsection (a) are too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the eligible provider may negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes. D General Provisions 241. Administrative provisions Funds made available for adult education and family literacy education programs under this title shall supplement and not supplant other State or local public funds expended for adult education and family literacy education programs. 242. National activities The Secretary shall establish and carry out a program of national activities that may include the following: (1) Providing technical assistance to eligible entities, on request, to— (A) improve their fiscal management, research-based instruction, and reporting requirements to carry out the requirements of this title; (B) improve its performance on the core indicators of performance described in section 136; (C) provide adult education professional development; and (D) use distance education and improve the application of technology in the classroom, including instruction in English language acquisition for English learners. (2) Providing for the conduct of research on national literacy basic skill acquisition levels among adults, including the number of adult English learners functioning at different levels of reading proficiency. (3) Improving the coordination, efficiency, and effectiveness of adult education and workforce development services at the national, State, and local levels. (4) Determining how participation in adult education, English language acquisition, and family literacy education programs prepares individuals for entry into and success in postsecondary education and employment, and in the case of prison-based services, the effect on recidivism. (5) Evaluating how different types of providers, including community and faith-based organizations or private for-profit agencies measurably improve the skills of participants in adult education, English language acquisition, and family literacy education programs. (6) Identifying model integrated basic and workplace skills education programs, including programs for English learners coordinated literacy and employment services, and effective strategies for serving adults with disabilities. (7) Initiating other activities designed to improve the measurable quality and effectiveness of adult education, English language acquisition, and family literacy education programs nationwide. . III AMENDMENTS TO THE WAGNER-PEYSER ACT 301. Amendments to the Wagner-Peyser Act The Wagner-Peyser Act (29 U.S.C. 49 et seq.) is amended by amending section 15 to read as follows: 15. Workforce and labor market information system (a) System content (1) In general The Secretary of Labor, in accordance with the provisions of this section, shall oversee the development, maintenance, and continuous improvement of a nationwide workforce and labor market information system that includes— (A) statistical data from cooperative statistical survey and projection programs and data from administrative reporting systems that, taken together, enumerate, estimate, and project employment opportunities and conditions at national, State, and local levels in a timely manner, including statistics on— (i) employment and unemployment status of national, State, and local populations, including self-employed, part-time, and seasonal workers; (ii) industrial distribution of occupations, as well as current and projected employment opportunities, wages, benefits (where data is available), and skill trends by occupation and industry, with particular attention paid to State and local conditions; (iii) the incidence of, industrial and geographical location of, and number of workers displaced by, permanent layoffs and plant closings; and (iv) employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation; (B) information on State and local employment opportunities, and other appropriate statistical data related to labor market dynamics, which— (i) shall be current and comprehensive; (ii) shall meet the needs identified through the consultations described in subparagraphs (A) and (B) of subsection (e)(2); and (iii) shall meet the needs for the information identified in section 121; (C) technical standards (which the Secretary shall publish annually) for data and information described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of chapter 35 of title 44, United States Code; (D) procedures to ensure compatibility and additivity of the data and information described in subparagraphs (A) and (B) from national, State, and local levels; (E) procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph (A) of employment-related programs; (F) analysis of data and information described in subparagraphs (A) and (B) for uses such as— (i) national, State, and local policymaking; (ii) implementation of Federal policies (including allocation formulas); (iii) program planning and evaluation; and (iv) researching labor market dynamics; (G) wide dissemination of such data, information, and analysis in a user-friendly manner and voluntary technical standards for dissemination mechanisms; and (H) programs of— (i) training for effective data dissemination; (ii) research and demonstration; and (iii) programs and technical assistance. (2) Information to be confidential (A) In general No officer or employee of the Federal Government or agent of the Federal Government may— (i) use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes for which the submission is furnished; (ii) disclose to the public any publication or media transmittal of the data contained in the submission described in clause (i) that permits information concerning an individual subject to be reasonably inferred by either direct or indirect means; or (iii) permit anyone other than a sworn officer, employee, or agent of any Federal department or agency, or a contractor (including an employee of a contractor) of such department or agency, to examine an individual submission described in clause (i), without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission. (B) Immunity from legal process Any submission (including any data derived from the submission) that is collected and retained by a Federal department or agency, or an officer, employee, agent, or contractor of such a department or agency, for exclusively statistical purposes under this section shall be immune from the legal process and shall not, without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. (C) Rule of construction Nothing in this section shall be construed to provide immunity from the legal process for such submission (including any data derived from the submission) if the submission is in the possession of any person, agency, or entity other than the Federal Government or an officer, employee, agent, or contractor of the Federal Government, or if the submission is independently collected, retained, or produced for purposes other than the purposes of this Act. (b) System responsibilities (1) In general The workforce and labor market information system described in subsection (a) shall be planned, administered, overseen, and evaluated through a cooperative governance structure involving the Federal Government and States. (2) Duties The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties: (A) Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that all statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions. (B) Actively seek the cooperation of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities. (C) Eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority. (D) In collaboration with the Bureau of Labor Statistics and States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1). (E) Establish procedures for the system to ensure that— (i) such data and information are timely; (ii) paperwork and reporting for the system are reduced to a minimum; and (iii) States and localities are fully involved in the development and continuous improvement of the system at all levels. (c) National electronic tools To provide services The Secretary is authorized to assist in the development of national electronic tools that may be used to facilitate the delivery of work ready services described in section 134(c)(2) and to provide workforce information to individuals through the one-stop delivery systems described in section 121 and through other appropriate delivery systems. (d) Coordination with the states (1) In general The Secretary, working through the Bureau of Labor Statistics and the Employment and Training Administration, shall regularly consult with representatives of State agencies carrying out workforce information activities regarding strategies for improving the workforce and labor market information system. (2) Formal consultations At least twice each year, the Secretary, working through the Bureau of Labor Statistics, shall conduct formal consultations regarding programs carried out by the Bureau of Labor Statistics with representatives of each of the Federal regions of the Bureau of Labor Statistics, elected (pursuant to a process established by the Secretary) from the State directors affiliated with State agencies that perform the duties described in subsection (e)(2). (e) State responsibilities (1) In general In order to receive Federal financial assistance under this section, the Governor of a State shall— (A) be responsible for the management of the portions of the workforce and labor market information system described in subsection (a) that comprise a statewide workforce and labor market information system and for the State’s participation in the development of the annual plan; (B) establish a process for the oversight of such system; (C) consult with State and local employers, participants, and local workforce investment boards about the labor market relevance of the data to be collected and disseminated through the statewide workforce and labor market information system; (D) consult with State educational agencies and local educational agencies concerning the provision of employment statistics in order to meet the needs of secondary school and postsecondary school students who seek such information; (E) collect and disseminate for the system, on behalf of the State and localities in the State, the information and data described in subparagraphs (A) and (B) of subsection (a)(1); (F) maintain and continuously improve the statewide workforce and labor market information system in accordance with this section; (G) perform contract and grant responsibilities for data collection, analysis, and dissemination for such system; (H) conduct such other data collection, analysis, and dissemination activities as will ensure an effective statewide workforce and labor market information system; (I) actively seek the participation of other State and local agencies in data collection, analysis, and dissemination activities in order to ensure complementarity, compatibility, and usefulness of data; (J) participate in the development of the annual plan described in subsection (c); and (K) utilize the quarterly records described in section 136(f)(2) to assist the State and other States in measuring State progress on State performance measures. (2) Rule of construction Nothing in this section shall be construed as limiting the ability of a Governor to conduct additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this section. (f) Nonduplication requirement None of the functions and activities carried out pursuant to this section shall duplicate the functions and activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $63,473,000 for fiscal year 2014 and each of the 6 succeeding fiscal years. (h) Definition In this section, the term local area means the smallest geographical area for which data can be produced with statistical reliability. . IV REPEALS AND CONFORMING AMENDMENTS 401. Repeals The following provisions are repealed: (1) Chapter 4 of subtitle B of title I, and sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503, and 506 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of the SKILLS Act. (2) Title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ). (3) Sections 1 through 14 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.). (4) Twenty-First Century Workforce Commission Act (29 U.S.C. 2701 note). (5) Public Law 91–378, 16 U.S.C. 1701 et seq. (popularly known as the Youth Conservation Corps Act of 1970 ). (6) Section 821 of the Higher Education Amendments of 1998 ( 20 U.S.C. 1151 ) (Grants to States for workplace and community transition training for incarcerated individuals). (7) The Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.). (8) Sections 4103A and 4104 of title 38, United States Code. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 Section 104(k)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604) is amended by striking , training, . 403. Amendments to the Food and Nutrition Act of 2008 (a) Definition Section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)) is amended— (1) by striking and (2) and inserting (2) , and (2) by inserting before the period at the end the following: , and (3) when referencing employment and training activities under section 6(d)(4), a State board as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) . (b) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in subsection (d)(14) by striking section 6(d)(4)(I) and inserting section 6(d)(4)(C) , and (2) in subsection (g)(3) by striking constitutes adequate participation in an employment and training program under section 6(d) and inserting allows the individual to participate in employment and training activities under section 6(d)(4) . (c) Eligibility disqualifications Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended to read as follows: (4) Employment and training (A) Implementation Each State agency shall provide employment and training services authorized under section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864) to eligible members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment. (B) Statewide workforce development system Consistent with subparagraph (A), employment and training services shall be provided through the statewide workforce development system, including the One-Stop delivery system, authorized by the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (C) Reimbursements (i) Actual costs The State agency shall provide payments or reimbursement to participants served under this paragraph for— (I) the actual costs of transportation and other actual costs (other than dependent care costs) that are reasonably necessary and directly related to the individual participating in employment and training activities; and (II) the actual costs of such dependent care expenses that are determined by the State agency to be necessary for the individual to participate in employment and training activities (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in a local area where an employment, training, or education program under title IV of such Act is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate. (ii) Service contracts and vouchers In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at its option, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household. (iii) Value of reimbursements The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall— (I) not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and (II) not be claimed as an employment-related expense for the purposes of the credit provided under section 21 of the Internal Revenue Code of 1986 (26 U.S.C. 21). . (d) Administration Section 11(e)(19) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(11) is amended to read as follows: (19) the plans of the State agency for providing employment and training services under section 6(d)(4); . (e) Administrative cost-Sharing and quality control Section 16(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 ) is amended— (1) in paragraph (1)— (A) in subparagraph (A) by striking carry out employment and training programs and inserting provide employment and training services to eligible households under section 6(d)(4) , and (B) in subparagraph (D) by striking operating an employment and training program and inserting providing employment and training services consistent with section 6(d)(4) , (2) in paragraph (3) by striking related to participation in an employment and training program and inserting the individual participating in employment and training activities , (3) in paragraph (4) by striking for operating an employment and training program and inserting to provide employment and training services , and (4) by amending paragraph (5) to read as follows: (5) Monitoring The Secretary, in conjunction with the Secretary of Labor, shall monitor each State agency responsible for administering employment and training services under section 6(d)(4) to ensure funds are being spent effectively and efficiently. Each program of employment and training receiving funds under section 6(d)(4) shall be subject to the requirements of the performance accountability system, including having to meet the state performance measures included in section 136 of the Workforce Investment Act (29 U.S.C. 2871). . (f) Research, demonstration, and evaluations Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ) is amended— (1) in subsection (b) by striking paragraph (3), and (2) in subsection (g)— (A) by inserting , in conjunction with the Secretary of Labor, after Secretary , and (B) by striking programs established and inserting activities provided to eligible households . (g) Minnesota family investment project Section 22(b)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(b)(4)) is amended by striking equivalent to those offered under the employment and training program . 404. Amendments to section 412 of the Immigration and Nationality Act (a) Conditions and considerations Section 412(a) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by striking make available sufficient resources for employment training and placement and inserting provide refugees with the opportunity to access employment and training services, including job placement, ; and (B) in subparagraph (B)(ii), by striking services; and inserting services provided through the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.); ; (2) in paragraph (2)(C)(iii)(II), by inserting and training after employment ; (3) in paragraph (6)(A)(ii)— (A) by striking insure and inserting ensure ; (B) by inserting and training after employment ; and (C) by inserting after available the following: through the one-stop delivery system under section 121 of the Workforce Investment Act of 1998 (29 U.S.C. 2841) ; and (4) in paragraph (9), by inserting the Secretary of Labor, after Education, . (b) Program of initial resettlement Section 412(b)(2) of such Act (8 U.S.C. 1522(b)(2)) is amended— (1) by striking orientation, instruction and inserting orientation and instruction ; and (2) by striking , and job training for refugees, and such other education and training of refugees, as facilitates and inserting for refugees to facilitate . (c) Project grants and contracts for services for refugees Section 412(c) of such Act (8 U.S.C. 1522(c)) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by inserting and training after employment ; and (B) by striking subparagraph (C); (2) in paragraph (2)(B), by striking paragraph— and all that follows through in a manner and inserting paragraph in a manner ; and (3) by adding at the end the following: (3) In carrying out this section, the Director shall ensure that employment and training services are provided through the statewide workforce development system, as appropriate, authorized by the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). Such action may include— (A) making employment and training services as described under section 134 of such Act ( 29 U.S.C. 2864 ) available to refugees; and (B) providing refugees with access to a one-stop delivery system under section 121 of such Act (29 U.S.C. 2841). . (d) Cash assistance and medical assistance to refugees Section 412(e) of such Act (8 U.S.C. 1522(e)) is amended— (1) in paragraph (2)(A)(i), by inserting and training after providing employment ; and (2) in paragraph (3), by striking The and inserting Consistent with subsection (c)(3), the . 405. Amendments relating to the Second Chance Act of 2007 (a) Federal Prisoner Reentry Initiative Section 231 of the Second Chance Act of 2007 ( 42 U.S.C. 17541 ) is amended— (1) in subsection (a)(1)(E)— (A) by inserting the Department of Labor and before other Federal agencies ; and (B) by inserting State and local workforce investment boards, after community-based organizations, ; (2) in subsection (c)— (A) in paragraph (2), by striking at the end and ; (B) in paragraph (3), by striking at the end the period and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) to coordinate reentry programs with the employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.). ; and (3) in subsection (d), by adding at the end the following new paragraph: (6) Interaction with the workforce investment system (A) In general In carrying out this section, the Director shall ensure that employment and training services, including such employment and services offered through reentry programs, are provided, as appropriate, through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.). Such action may include— (i) making employment and training services available to prisoners prior to and immediately following the release of such prisoners; or (ii) providing prisoners with access by remote means to a one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 ) in the State in which the prison involved is located. (B) Service defined In this paragraph, the term employment and training services means those services described in section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864) offered by the Bureau of Prisons, including— (i) the skills assessment described in subsection (a)(1)(A); (ii) the skills development plan described in subsection (a)(1)(B); and (iii) the enhancement, development, and implementation of reentry and skills development programs. . (b) Duties of the Bureau of Prisons Section 4042(a)(5)(E) of title 18, United States Code, is amended— (1) in clause (ii), by striking Employment and inserting Employment and training services (as defined in paragraph (6) of section 231(d) of the Second Chance Act of 2007), including basic skills attainment, consistent with such paragraph ; (2) by striking clause (iii); and (3) by redesignating clauses (iv), (v), (vi), and (vii) as clauses (iii), (iv), (v), and (vi), respectively. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968 Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking vocational and inserting career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) and training ; (B) by redesignating each of paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (4) coordinating employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), including a one-stop delivery system under section 121 of such Act (29 U.S.C. 2841), for offenders upon release from prison, jail, or a juvenile facility, as appropriate; ; (2) in subsection (d)(2), by inserting , including local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832), after nonprofit organizations ; (3) in subsection (e)— (A) in paragraph (3), by striking victims services, and employment services and inserting and victim services ; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (4) provides employment and training services through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ), including a one-stop delivery system under section 121 of such Act ( 29 U.S.C. 2841 ); and ; (4) in subsection (k)— (A) in paragraph (1)(A), by inserting , in accordance with paragraph (2) after under this section ; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following new paragraph: (2) Employment and training The Attorney General shall require each grantee under this section to measure the core indicators of performance as described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(b)(2)(A)) with respect to the program of such grantee funded with a grant under this section. . 407. Conforming amendments to the United States Code Title 38, United States Code, is amended— (1) by striking the item relating to section 4103A and section 4104 in the table of sections at the beginning of chapter 41 of such title; (2) in section 4102A— (A) in subsection (b)— (i) by striking paragraphs (5), (6), and (7); (ii) by redesignating paragraph (8) as paragraph (5); (B) by striking subsections (c) and (h); (C) by redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f); (D) in subsection (e)(1) (as so redesignated)— (i) by striking , including disabled veterans’ outreach program specialists and local veterans' employment representatives providing employment, training, and placement services under this chapter in a State ; and (ii) by striking for purposes of subsection (c) . (3) in section 4109(a), by striking disabled veterans’ outreach program specialists and local veterans’ employment representative and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; (4) in section 4109(d)(1), by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; (5) in section 4112(d)— (A) in paragraph (1), by striking disabled veterans’ outreach program specialist and inserting veteran employment specialist appointed under section 134(f) of the Workforce Investment Act of 1998 ; and (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (6) in section 3672(d)(1), by striking disabled veterans’ outreach program specialists under section 4103A and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; and (7) in section 4104A— (A) in subsection (b)(1), by striking subparagraph (A) and inserting the following: (A) the appropriate veteran employment specialist (in carrying out the functions described in section 134(f) of the Workforce Investment Act of 1998); ; and (B) in subsection (c)(1), by striking subparagraph (A) and inserting the following: (A) collaborate with the appropriate veteran employment specialist (as described in section 134(f)) and the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)); . 408. Conforming amendment to table of contents The table of contents in section 1(b) is amended to read as follows: Sec. 1. Short title; table of contents. TITLE I—WORKFORCE INVESTMENT SYSTEMS Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 106. Purpose. Chapter 1—State Provisions Sec. 111. State workforce investment boards. Sec. 112. State plan. Chapter 2—Local Provisions Sec. 116. Local workforce investment areas. Sec. 117. Local workforce investment boards. Sec. 118. Local plan. Chapter 3—Workforce Investment Activities Providers Sec. 121. Establishment of one-stop delivery systems. Sec. 122. Identification of eligible providers of training services. Sec. 123. [Repealed]. Chapter 4—[Repealed] Chapter 5—Employment and Training Activities Sec. 131. General authorization. Sec. 132. State allotments. Sec. 133. Within State allocations. Sec. 134. Use of funds for employment and training activities. Chapter 6—General Provisions Sec. 136. Performance accountability system. Sec. 137. Authorization of appropriations. Subtitle C—Job Corps Sec. 141. Purposes. Sec. 142. Definitions. Sec. 143. Establishment. Sec. 144. Individuals eligible for the Job Corps. Sec. 145. Recruitment, screening, selection, and assignment of enrollees. Sec. 146. Enrollment. Sec. 147. Job Corps centers. Sec. 148. Program activities. Sec. 149. Counseling and job placement. Sec. 150. Support. Sec. 151. Operations. Sec. 152. Standards of conduct. Sec. 153. Community participation. Sec. 154. Workforce councils. Sec. 155. [Repealed]. Sec. 156. Technical assistance to centers. Sec. 157. Application of provisions of Federal law. Sec. 158. Special provisions. Sec. 159. Performance accountability and management. Sec. 160. General provisions. Sec. 161. Authorization of appropriations. Subtitle D—National Programs Sec. 166. [Repealed]. Sec. 167. [Repealed]. Sec. 168. [Repealed]. Sec. 169. [Repealed]. Sec. 170. Technical assistance. Sec. 171. [Repealed]. Sec. 172. Evaluations. Sec. 173. [Repealed]. Sec. 173A. [Repealed]. Sec. 174. [Repealed]. Subtitle E—Administration Sec. 181. Requirements and restrictions. Sec. 182. Prompt allocation of funds. Sec. 183. Monitoring. Sec. 184. Fiscal controls; sanctions. Sec. 185. Reports; recordkeeping; investigations. Sec. 186. Administrative adjudication. Sec. 187. Judicial review. Sec. 188. Nondiscrimination. Sec. 189. Administrative provisions. Sec. 190. References. Sec. 191. State legislative authority. Sec. 192. [Repealed]. Sec. 193. Transfer of Federal equity in State employment security real property to the States. Sec. 194. [Repealed]. Sec. 195. General program requirements. Sec. 196. Federal agency staff. Sec. 197. Restrictions on lobbying and political activities. Subtitle F—Repeals and Conforming Amendments Sec. 199. Repeals. Sec. 199A. Conforming amendments. TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Definitions. Sec. 204. Home schools. Sec. 205. Authorization of appropriations. Subtitle A—Federal Provisions Sec. 211. Reservation of funds; grants to eligible agencies; allotments. Sec. 212. Performance accountability system. Subtitle B—State Provisions Sec. 221. State administration. Sec. 222. State distribution of funds; matching requirement. Sec. 223. State leadership activities. Sec. 224. State plan. Sec. 225. Programs for corrections education and other institutionalized individuals. Subtitle C—Local Provisions Sec. 231. Grants and contracts for eligible providers. Sec. 232. Local application. Sec. 233. Local administrative cost limits. Subtitle D—General Provisions Sec. 241. Administrative provisions. Sec. 242. National activities. TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES Subtitle A—Wagner-Peyser Act Sec. 301. Definitions. Sec. 302. Functions. Sec. 303. Designation of State agencies. Sec. 304. Appropriations. Sec. 305. Disposition of allotted funds. Sec. 306. State plans. Sec. 307. Repeal of Federal advisory council. Sec. 308. Regulations. Sec. 309. Employment statistics. Sec. 310. Technical amendments. Sec. 311. Effective date. Subtitle B—Linkages With Other Programs Sec. 321. Trade Act of 1974. Sec. 322. Veterans' employment programs. Sec. 323. Older Americans Act of 1965. Subtitle C—[Repealed] Subtitle D—Application of Civil Rights and Labor-Management Laws to the Smithsonian Institution Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998 Sec. 401. Short title. Sec. 402. Title. Sec. 403. General provisions. Sec. 404. Vocational rehabilitation services. Sec. 405. Research and training. Sec. 406. Professional development and special projects and demonstrations. Sec. 407. National Council on Disability. Sec. 408. Rights and advocacy. Sec. 409. Employment opportunities for individuals with disabilities. Sec. 410. Independent living services and centers for independent living. Sec. 411. [Repealed]. Sec. 412. Helen Keller National Center Act. Sec. 413. President's Committee on Employment of People With Disabilities. Sec. 414. Conforming amendments. TITLE V—GENERAL PROVISIONS Sec. 501. State unified plan. Sec. 502. [Repealed]. Sec. 503. [Repealed]. Sec. 504. Privacy. Sec. 505. Buy-American requirements. Sec. 506. [Repealed]. Sec. 507. Effective date. . V AMENDMENTS TO THE REHABILITATION ACT OF 1973 501. Findings Section 2(a) of the Rehabilitation Act of 1973 (29 U.S.C. 701(a)) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period and inserting ; and ; and (3) by adding at the end the following: (7) there is a substantial need to improve and expand services for students with disabilities under this Act. . 502. Rehabilitation services administration (a) Rehabilitation services administration The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended— (1) in section 3(a) (29 U.S.C. 702(a))— (A) by striking Office of the Secretary and inserting Department of Education ; (B) by striking President by and with the advice and consent of the Senate and inserting Secretary ; and (C) by striking , and the Commissioner shall be the principal officer, ; (2) by striking Commissioner each place it appears (except in section 21) and inserting Director ; (3) in section 12(c) (29 U.S.C. 709), by striking Commissioner’s and inserting Director’s ; (4) in the heading for subparagraph (B) of section 100(d)(2), by striking commissioner and inserting director ; (5) in the heading for section 706, by striking commissioner and inserting director ; (6) in the heading for paragraph (3) of section 723(a), by striking commissioner and inserting director ; and (7) in section 21 (29 U.S.C. 718)— (A) in subsection (b)(1)— (i) by striking Commissioner the first place it appears and inserting Director of the Rehabilitation Services Administration ; (ii) by striking (referred to in this subsection as the Director ) ; and (iii) by striking The Commissioner and the Director and inserting Both such Directors ; and (B) by striking the Commissioner and the Director each place it appears and inserting both such Directors . (b) Effective date; application The amendments made by subsection (a) shall— (1) take effect on the date of the enactment of this Act; and (2) apply with respect to the appointments of Directors of the Rehabilitation Services Administration made on or after the date of enactment of this Act, and the Directors so appointed. 503. Definitions Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is amended— (1) by redesignating paragraphs (35) through (39) as paragraphs (36) through (40), respectively; (2) in subparagraph (A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking paragraph (36)(C) and inserting paragraph (37)(C) ; and (3) by inserting after paragraph (34) the following: (35) (A) The term student with a disability means an individual with a disability who— (i) is not younger than 16 and not older than 21; (ii) has been determined to be eligible under section 102(a) for assistance under this title; and (iii) (I) is eligible for, and is receiving, special education under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); or (II) is an individual with a disability, for purposes of section 504. (B) The term students with disabilities means more than 1 student with a disability. . 504. State plan Section 101(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a) ) is amended— (1) in paragraph (10)(B) by striking on the eligible individuals and all that follows through section 136(d)(2) and inserting of information necessary to assess the State’s performance on the core indicators of performance described in section 136(b)(2)(A) ; (2) in paragraph (11)— (A) in subparagraph (D)(i), by inserting before the semicolon the following: , which may be provided using alternative means of meeting participation (such as video conferences and conference calls) ; and (B) by adding at the end the following: (G) Coordination with assistive technology programs The State plan shall include an assurance that the designated State unit and the lead agency or implementing entity responsible for carrying out duties under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) have developed working relationships and coordinate their activities. ; (3) in paragraph (15)— (A) in subparagraph (A)— (i) in clause (i)— (I) in subclause (II), by striking and at the end; (II) in subclause (III), by adding and at the end; and (III) by adding at the end the following: (IV) students with disabilities, including their need for transition services; ; (ii) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (iii) by inserting after clause (i) the following: (ii) include an assessment of the transition services provided under this Act, and coordinated with transition services under the Individuals with Disabilities Education Act, as to those services meeting the needs of individuals with disabilities; ; and (B) in subparagraph (D)— (i) by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; and (ii) by inserting after clause (ii) the following: (iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to the receipt of vocational rehabilitation services under this title or to postsecondary education or employment; ; (4) in paragraph (22)— (A) by striking carrying out part B of title VI, including ; and (B) by striking that part to supplement funds made available under part B of ; (5) in paragraph (24)(A), by striking part A of title VI and inserting section 109A ; and (6) by adding at the end the following: (25) Collaboration with industry The State plan shall describe how the designated State agency will carry out the provisions of section 109A, including— (A) the criteria such agency will use to award grants under such section; and (B) how the activities carried out under such grants will be coordinated with other services provided under this title. (26) Services for students with disabilities The State plan shall provide an assurance satisfactory to the Secretary that the State— (A) has developed and implemented strategies to address the needs identified in the assessment described in paragraph (15), and achieve the goals and priorities identified by the State, to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis in accordance with paragraph (15); and (B) from funds reserved under section 110A, shall carry out programs or activities designed to improve and expand vocational rehabilitation services for students with disabilities that— (i) facilitate the transition of students with disabilities from the receipt of educational services in school, to the receipt of vocational rehabilitation services under this title, including, at a minimum, those services specified in the interagency agreement required in paragraph (11)(D); (ii) improve the achievement of post-school goals of students with disabilities, including improving the achievement through participation (as appropriate when career goals are discussed) in meetings regarding individualized education programs developed under section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414); (iii) provide career guidance, career exploration services, job search skills and strategies, and technical assistance to students with disabilities; (iv) support the provision of training and technical assistance to State and local educational agencies and designated State agency personnel responsible for the planning and provision of services to students with disabilities; and (v) support outreach activities to students with disabilities who are eligible for, and need, services under this title. . 505. Scope of services Section 103 of the Rehabilitation Act of 1973 ( 29 U.S.C. 723 ) is amended— (1) in subsection (a), by striking paragraph (15) and inserting the following: (15) transition services for students with disabilities, that facilitate the achievement of the employment outcome identified in the individualized plan for employment, including services described in clauses (i) through (iii) of section 101(a)(26)(B); ; (2) in subsection (b), by striking paragraph (6) and inserting the following: (6) (A) (i) Consultation and technical assistance services to assist State and local educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment. (ii) Training and technical assistance described in section 101(a)(26)(B)(iv). (B) Services for groups of individuals with disabilities who meet the requirements of clauses (i) and (iii) of section 7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of section 101(a)(26)(B), to assist in the transition from school to post-school activities. ; and (3) in subsection (b) by inserting at the end, the following: (7) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 ) to promote access to assistive technology for individuals with disabilities and employers. . 506. Standards and indicators Section 106 of the Rehabilitation Act of 1973 ( 29 U.S.C. 726(a) ) is amended— (1) by striking subsection (a) and inserting the following: (a) Standards and indicators The performance standards and indicators for the vocational rehabilitation program carried out under this title— (1) shall be subject to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act of 1998; and (2) may, at a State’s discretion, include additional indicators identified in the State plan submitted under section 101. ; and (2) in subsection (b)(2)(B), by striking clause (i) and inserting the following: (i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Director, direct the State to make revisions to the plan to improve performance; and . 507. Collaboration with industry The Rehabilitation Act of 1973 is amended by inserting after section 109 (29 U.S.C. 729) the following: 109A. Collaboration with industry (a) Authority A State shall use not less than one-half of one percent of the payment the State receives under section 111 for a fiscal year to award grants to eligible entities to create practical job and career readiness and training programs, and to provide job placements and career advancement. (b) Application To receive a grant under this section, an eligible entity shall submit an application to a designated State agency at such time, in such manner, and containing such information as such agency shall require. Such application shall include, at a minimum— (1) a plan for evaluating the effectiveness of the program; (2) a plan for collecting and reporting the data and information described under subparagraphs (A) through (C) of section 101(a)(10), as determined appropriate by the designated State agency; and (3) a plan for providing for the non-Federal share of the costs of the program. (c) Activities An eligible entity receiving a grant under this section shall use the grant funds to carry out a program that provides one or more of the following: (1) Job development, job placement, and career advancement services for individuals with disabilities. (2) Training in realistic work settings in order to prepare individuals with disabilities for employment and career advancement in the competitive market. (3) Providing individuals with disabilities with such support services as may be required in order to maintain the employment and career advancement for which the individuals have received training. (d) Awards Grants under this section shall— (1) be awarded for a period not to exceed 5 years; and (2) be awarded competitively. (e) Eligible entity defined For the purposes of this section, the term eligible entity means a for-profit business, alone or in partnership with one or more of the following: (1) Community rehabilitation program providers. (2) Indian tribes. (3) Tribal organizations. (f) Federal share The Federal share of a program under this section shall not exceed 80 percent of the costs of the program. (g) Eligibility for services An individual shall be eligible for services provided under a program under this section if the individual is determined under section 102(a)(1) to be eligible for assistance under this title. . 508. Reservation for expanded transition services The Rehabilitation Act of 1973 is amended by inserting after section 110 ( 29 U.S.C. 730 ) the following: 110A. Reservation for expanded transition services Each State shall reserve not less than 10 percent of the funds allotted to the State under section 110(a) to carry out programs and activities under sections 101(a)(26)(B) and 103(b)(6). . 509. Client assistance program Section 112(e)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 732(e)(1) ) is amended by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: (D) The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. The amount of such grants shall be the same as provided to territories under this subsection. . 510. Title III amendments Title III of the Rehabilitation Act of 1973 ( 29 U.S.C. 771 et seq. ) is amended— (1) in section 301(a)— (A) in paragraph (2), by inserting and at the end; (B) by striking paragraphs (3) and (4); and (C) by redesignating paragraph (5) as paragraph (3); (2) in section 302(g)— (A) in the heading, by striking And In-Service Training ; and (B) by striking paragraph (3); (3) in section 303(c)— (A) in paragraph (4)— (i) by amending subparagraph (A)(ii) to read as follows: (ii) to coordinate and work closely with the parent training and information centers established pursuant to section 671 of the Individuals with Disabilities Education Act, the community parent resource centers established pursuant to section 672 of such Act, and the eligible entities receiving awards under section 673 of such Act; and ; and (ii) in subparagraph (C), by inserting , and demonstrate the capacity for serving, after serve ; and (B) by adding at the end the following: (8) Reservation From the amount appropriated to carry out this subsection for a fiscal year, 20 percent of such amount or $500,000, whichever is less, shall be reserved to carry out paragraph (6). ; (4) by striking sections 304 and 305; and (5) by redesignating section 306 as section 304. 511. Repeal of title VI The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended by repealing title VI. 512. Chairperson Section 705(b)(5) of the Rehabilitation Act of 1973 (29 U.S.C. 796d(b)(5)) is amended to read as follows: (5) Chairperson The Council shall select a chairperson from among the voting membership of the Council. . 513. Authorizations of appropriations The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is further amended— (1) in section 100(b)(1) (29 U.S.C. 720(b)(1)), by striking such sums as may be necessary for fiscal years 1999 through 2003 and inserting $3,121,712,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (2) in section 110(c) (29 U.S.C. 730(c)), by amending paragraph (2) to read as follows: (2) The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1) for each of fiscal years 2014 through 2020. ; (3) in section 112(h) (29 U.S.C. 732(h)) by striking such sums as may be necessary for fiscal years 1999 through 2003 and inserting $12,240,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (4) by amending subsection (a) of section 201 ( 29 U.S.C. 761(a) ) to read as follows: (a) There are authorized to be appropriated $108,817,000 for fiscal year 2014 and each of the 6 succeeding fiscal years to carry out this title. ; (5) in section 302(i) (29 U.S.C. 772(i)) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $35,515,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (6) in section 303(e) (29 U.S.C. 773(e)) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $5,325,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (7) in section 405 (29 U.S.C. 785) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $3,258,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (8) in section 502(j) (29 U.S.C. 792(j)) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $7,400,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (9) in section 509(l) (29 U.S.C. 794e(l)) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $18,031,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (10) in section 714 (29 U.S.C. 796e–3), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $23,359,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (11) in section 727 (29 U.S.C. 796f–6), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $79,953,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; and (12) in section 753 (29 U.S.C. 7961), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $34,018,000 for fiscal year 2014 and each of the 6 succeeding fiscal years . 514. Conforming amendments Section 1(b) of the Rehabilitation Act of 1973 is amended— (1) by inserting after the item relating to section 109 the following: Sec. 109A. Collaboration with industry. ; (2) by inserting after the item relating to section 110 the following: Sec. 110A. Reservation for expanded transition services. ; (3) by striking the item related to section 304 and inserting the following: Sec. 304. Measuring of project outcomes and performance. ; (4) by striking the items related to sections 305 and 306; and (5) by striking the items related to title VI. VI Studies by the Comptroller General 601. Study by the Comptroller General on exhausting Federal Pell Grants before accessing WIA funds Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that— (1) evaluates the effectiveness of subparagraph (B) of section 134(d)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)(B)) (as such subparagraph was in effect on the day before the date of enactment of this Act), including— (A) a review of the regulations and guidance issued by the Secretary of Labor to State and local areas on how to comply with such subparagraph; (B) a review of State policies to determine how local areas are required to comply with such subparagraph; (C) a review of local area policies to determine how one-stop operators are required to comply with such subparagraph; and (D) a review of a sampling of individuals receiving training services under section 134(d)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)) to determine if, before receiving such training services, such individuals have exhausted funds received through the Federal Pell Grant program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (2) makes appropriate recommendations with respect to the matters evaluated under paragraph (1). 602. Study by the Comptroller General on administrative cost savings (a) Study Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that— (1) determines the amount of administrative costs at the Federal and State levels for the most recent fiscal year for which satisfactory data are available for— (A) each of the programs authorized under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) or repealed under section 401 of this Act, as such programs were in effect for such fiscal year; and (B) each of the programs described in subparagraph (A) that have been repealed or consolidated on or after the date of enactment of this Act; (2) determines the amount of administrative cost savings at the Federal and State levels as a result of repealing and consolidating programs by calculating the differences in the amount of administrative costs between subparagraph (A) and subparagraph (B) of paragraph (1); and (3) estimates the administrative costs savings at the Federal and State levels for a fiscal year as a result of States consolidating funds under section 501(e) of the Workforce Investment Act of 1998 (20 U.S.C. 9271(e)) to reduce inefficiencies in the administration of federally-funded State and local employment and training programs. (b) Definition For purposes of this section, the term administrative cost has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801).
Passed the House of Representatives March 15, 2013. Karen L. Haas, Clerk |
113-hr-803-rh-dtd | 113-hr-803 | 113 | hr | 803 | rh | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr803rh.xml | BILLS-113hr803rh.xml | 2023-01-08 17:29:59.169 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Reported-in-House" bill-type="olc" dms-id="H7A1CF6EF6C3743C1A5EBB15E29E15A6D" public-private="public">
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<dublinCore>
<dc:title>
113 HR 803 RH: SKILLS Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-03-12
</dc:date>
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text/xml
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EN
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<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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</metadata>
<form>
<distribution-code display="yes">
IB
</distribution-code>
<calendar display="yes">
Union Calendar No. 9
</calendar>
<congress display="yes">
113th CONGRESS
</congress>
<session display="yes">
1st Session
</session>
<legis-num>
H. R. 803
</legis-num>
<associated-doc display="yes" role="report">
[Report No. 113–14, Part I]
</associated-doc>
<current-chamber display="yes">
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="F000450">
Ms. Foxx
</sponsor>
(for herself,
<cosponsor name-id="K000363">
Mr. Kline
</cosponsor>
,
<cosponsor name-id="R000582">
Mr. Roe of Tennessee
</cosponsor>
,
<cosponsor name-id="R000592">
Mr. Rokita
</cosponsor>
,
<cosponsor name-id="M000508">
Mr. McKeon
</cosponsor>
,
<cosponsor name-id="M001158">
Mr. Marchant
</cosponsor>
,
<cosponsor name-id="S000018">
Mr. Salmon
</cosponsor>
,
<cosponsor name-id="G000558">
Mr. Guthrie
</cosponsor>
,
<cosponsor name-id="D000616">
Mr. DesJarlais
</cosponsor>
,
<cosponsor name-id="B001275">
Mr. Bucshon
</cosponsor>
,
<cosponsor name-id="H001055">
Mr. Heck of Nevada
</cosponsor>
,
<cosponsor name-id="B001284">
Mrs. Brooks of Indiana
</cosponsor>
,
<cosponsor name-id="M001189">
Mr. Messer
</cosponsor>
,
<cosponsor name-id="E000291">
Mrs. Ellmers
</cosponsor>
, and
<cosponsor name-id="S001187">
Mr. Stivers
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name added-display-style="italic" committee-id="HED00" deleted-display-style="strikethrough">
Committee on Education and the Workforce
</committee-name>
, and in addition to the Committees on the
<committee-name committee-id="HJU00">
Judiciary
</committee-name>
,
<committee-name committee-id="HAG00">
Agriculture
</committee-name>
,
<committee-name committee-id="HVR00">
Veterans’ Affairs
</committee-name>
,
<committee-name committee-id="HIF00">
Energy and Commerce
</committee-name>
, and
<committee-name committee-id="HPW00">
Transportation and Infrastructure
</committee-name>
, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
</action-desc>
</action>
<action>
<action-date date="20130312">
March 12, 2013
</action-date>
<action-desc>
Additional sponsors:
<cosponsor name-id="R000591">
Mrs. Roby
</cosponsor>
,
<cosponsor name-id="P000592">
Mr. Poe of Texas
</cosponsor>
,
<cosponsor name-id="H001067">
Mr. Hudson
</cosponsor>
,
<cosponsor name-id="H001057">
Mr. Huelskamp
</cosponsor>
,
<cosponsor name-id="W000791">
Mr. Walden
</cosponsor>
,
<cosponsor name-id="R000596">
Mr. Radel
</cosponsor>
,
<cosponsor name-id="G000567">
Mr. Griffin of Arkansas
</cosponsor>
,
<cosponsor name-id="F000461">
Mr. Flores
</cosponsor>
, and
<cosponsor name-id="K000376">
Mr. Kelly
</cosponsor>
</action-desc>
</action>
<action>
<action-date date="20130312">
March 12, 2013
</action-date>
<action-desc>
Reported from the
<committee-name added-display-style="italic" committee-id="HED00" deleted-display-style="strikethrough">
Committee on Education and the Workforce
</committee-name>
with an amendment
</action-desc>
<action-instruction>
Strike out all after the enacting clause and insert the part printed in italic
</action-instruction>
</action>
<action>
<action-date date="20130312">
March 12, 2013
</action-date>
<action-desc>
The Committees on
<committee-name committee-id="HJU00">
the Judiciary
</committee-name>
,
<committee-name committee-id="HAG00">
Agriculture
</committee-name>
,
<committee-name committee-id="HVR00">
Veterans' Affairs
</committee-name>
,
<committee-name committee-id="HIF00">
Energy and Commerce
</committee-name>
, and
<committee-name committee-id="HPW00">
Transportation and Infrastructure
</committee-name>
discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
</action-desc>
<action-instruction>
For text of introduced bill, see copy of bill as introduced on February 25, 2013
</action-instruction>
</action>
<action display="yes">
<action-desc display="yes">
<pagebreak/>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title display="yes">
To reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more competitive in the 21st century.
<pagebreak/>
</official-title>
</form>
<legis-body changed="added" committee-id="HED00" display-enacting-clause="yes-display-enacting-clause" id="H5B083F9B313B4B7EBF2CA92110FB2B4D" reported-display-style="italic" style="OLC">
<section id="H1E0E3D450C254420BED63E8A5642DB86" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Supporting Knowledge and Investing in Lifelong Skills Act
</short-title>
</quote>
or the
<quote>
<short-title>
SKILLS Act
</short-title>
</quote>
.
</text>
</section>
<section id="H79EAA30B9ED6456EA6536E830EAE7620" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Table of contents
</header>
<text display-inline="no-display-inline">
The table of contents for this Act is as follows:
</text>
<toc container-level="amendment-block-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H1E0E3D450C254420BED63E8A5642DB86" level="section">
Sec. 1. Short title.
</toc-entry>
<toc-entry idref="H79EAA30B9ED6456EA6536E830EAE7620" level="section">
Sec. 2. Table of contents.
</toc-entry>
<toc-entry idref="H8F2E1BCFB6ED448CA80C93788C13DBF5" level="section">
Sec. 3. References.
</toc-entry>
<toc-entry idref="H8912A1DE3336439AB681E23EB0648D61" level="section">
Sec. 4. Effective date.
</toc-entry>
<toc-entry idref="H887B2DD198E44629BF688984EC87007D" level="title">
Title I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998
</toc-entry>
<toc-entry idref="HE9EF1EBAA5D44534B525B7F2634CD4D0" level="subtitle">
Subtitle A—Workforce Investment Definitions
</toc-entry>
<toc-entry idref="H7BB5C75E651449C29EB5AED1F899F81B" level="section">
Sec. 101. Definitions.
</toc-entry>
<toc-entry idref="HA4BAEA04B55942BFA2D6D1A5E24A6B03" level="subtitle">
Subtitle B—Statewide and Local Workforce Investment Systems
</toc-entry>
<toc-entry idref="HF4A360CC1CB34969A1E19CDA998993D5" level="section">
Sec. 102. Purpose.
</toc-entry>
<toc-entry idref="HAFA21615BDCF473DB5410274DFA0D51A" level="section">
Sec. 103. State workforce investment boards.
</toc-entry>
<toc-entry idref="H774192002AA6447BA53597FDA3B9F553" level="section">
Sec. 104. State plan.
</toc-entry>
<toc-entry idref="H0102B23F2F8942FFAE250B72136A3E13" level="section">
Sec. 105. Local workforce investment areas.
</toc-entry>
<toc-entry idref="HB323179DE8FE45B98EA6018C371443CA" level="section">
Sec. 106. Local workforce investment boards.
</toc-entry>
<toc-entry idref="H791E219CF8C241AD80D83BD4059BFD1E" level="section">
Sec. 107. Local plan.
</toc-entry>
<toc-entry idref="H7902C033CE044F47A59C52FC4C218B68" level="section">
Sec. 108. Establishment of one-stop delivery system.
</toc-entry>
<toc-entry idref="H4A3B7744500146ADA4963B9F79C75F7E" level="section">
Sec. 109. Identification of eligible providers of training services.
</toc-entry>
<toc-entry idref="H073F860947A84835BFEC22BA638A2ED8" level="section">
Sec. 110. General authorization.
</toc-entry>
<toc-entry idref="HE3CC35E37D5A498A94096B4F8DA8F320" level="section">
Sec. 111. State allotments.
</toc-entry>
<toc-entry idref="H4E5D62AEFC5642708AB78AE9F9F52AE4" level="section">
Sec. 112. Within State allocations.
</toc-entry>
<toc-entry idref="H2BFFE588B2284AE980BF8BA89866B341" level="section">
Sec. 113. Use of funds for employment and training activities.
</toc-entry>
<toc-entry idref="H8177E55A6B534A9280309FEFBFB5DA32" level="section">
Sec. 114. Performance accountability system.
</toc-entry>
<toc-entry idref="H86773961D0884570B0AB64C5BAB9323F" level="section">
Sec. 115. Authorization of appropriations.
</toc-entry>
<toc-entry idref="H6431FE9CDC904D33A7AA54256C5C80D1" level="subtitle">
Subtitle C—Job Corps
</toc-entry>
<toc-entry idref="H12C5B3B1E85840FE83EBE25B7660E66F" level="section">
Sec. 116. Job Corps purposes.
</toc-entry>
<toc-entry idref="H54F7E71416D74D03B34A2ADA8A98833B" level="section">
Sec. 117. Job Corps definitions.
</toc-entry>
<toc-entry idref="H0C85403A71A242E4A1EFA9E25CD157AC" level="section">
Sec. 118. Individuals eligible for the Job Corps.
</toc-entry>
<toc-entry idref="HC016F2977B8C409FA9408D1F67B97D86" level="section">
Sec. 119. Recruitment, screening, selection, and assignment of enrollees.
</toc-entry>
<toc-entry idref="H4FDBD0AD1AD94DEDABCA6479333C8FD6" level="section">
Sec. 120. Job Corps centers.
</toc-entry>
<toc-entry idref="H9A8D4AA497654A39A42E3AA9E5645376" level="section">
Sec. 121. Program activities.
</toc-entry>
<toc-entry idref="H8F7426066AD34A1C945544344F1D93A8" level="section">
Sec. 122. Counseling and job placement.
</toc-entry>
<toc-entry idref="H7BAD333503C4473C9F47105F9E8BC509" level="section">
Sec. 123. Support.
</toc-entry>
<toc-entry idref="H0624CDEFF5BF424ABE0B36A89A63B7ED" level="section">
Sec. 124. Operations.
</toc-entry>
<toc-entry idref="HAB8D723D43384F3AAA383E0F163CBA49" level="section">
Sec. 125. Community participation.
</toc-entry>
<toc-entry idref="H335BA505BD154A5784C67BC2A4E47F7A" level="section">
Sec. 126. Workforce councils.
</toc-entry>
<toc-entry idref="HC8EB8ADEC6774E69B1B128C6A7DA4A8D" level="section">
Sec. 127. Technical assistance.
</toc-entry>
<toc-entry idref="H232A2308BC5D4E8091E4F34281E8191A" level="section">
Sec. 128. Special provisions.
</toc-entry>
<toc-entry idref="H700E9AB4FFEC4EE9B01FC244C0753598" level="section">
Sec. 129. Performance accountability management.
</toc-entry>
<toc-entry idref="HD481C2835A77410DABC149C62DAAF82C" level="subtitle">
Subtitle D—National Programs
</toc-entry>
<toc-entry idref="H67DB9E3E45174A6D8B536AB3E5E7C390" level="section">
Sec. 130. Technical assistance.
</toc-entry>
<toc-entry idref="H2BC512FAE9C748C0A678D9B295C1E367" level="section">
Sec. 131. Evaluations.
</toc-entry>
<toc-entry idref="H605F3EDB703D44749917C71F7B7D710C" level="subtitle">
Subtitle E—Administration
</toc-entry>
<toc-entry idref="HACFB9502845A4B34970FE6E6D6F83F96" level="section">
Sec. 132. Requirements and restrictions.
</toc-entry>
<toc-entry idref="HF0DB761AB5A549B081CB3A70B29BEBCF" level="section">
Sec. 133. Prompt allocation of funds.
</toc-entry>
<toc-entry idref="H9A70151724804C8EAAB9B005490682C3" level="section">
Sec. 134. Fiscal controls; sanctions.
</toc-entry>
<toc-entry idref="H3F33B0CC55FB401084D4468E9AE540FC" level="section">
Sec. 135. Reports to Congress.
</toc-entry>
<toc-entry idref="H17373D4AEB784E0A9A74598B17342460" level="section">
Sec. 136. Administrative provisions.
</toc-entry>
<toc-entry idref="HEBC1CFC54BF34D68AEC28904BDD61820" level="section">
Sec. 137. State legislative authority.
</toc-entry>
<toc-entry idref="H8CB86E855D9944EDA4B9197E9FA7C517" level="section">
Sec. 138. General program requirements.
</toc-entry>
<toc-entry idref="H7E95E54E3C034E66B62D6E226C6E5712" level="section">
Sec. 139. Federal agency staff.
</toc-entry>
<toc-entry idref="H20012AD270F0480C80ACBAE616BE3B19" level="subtitle">
Subtitle F—State unified plan
</toc-entry>
<toc-entry idref="HD9DF4AC0F2FE46ECA39D96C25E4446BB" level="section">
Sec. 140. State unified plan.
</toc-entry>
<toc-entry idref="HC913CB6834C04CF38710972A9FC732C0" level="title">
Title II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION
</toc-entry>
<toc-entry idref="H0E0340E4C1994D1E978F405E3A38458F" level="section">
Sec. 201. Amendment.
</toc-entry>
<toc-entry idref="H4E9798CBCCEC48B5B5909616F1171316" level="title">
Title III—AMENDMENTS TO THE WAGNER-PEYSER ACT
</toc-entry>
<toc-entry idref="H6955F602D5424EAC84AE8D256DD0207E" level="section">
Sec. 301. Amendments to the Wagner-Peyser Act.
</toc-entry>
<toc-entry idref="HFE746A2FEBEC4FFE955057BFCCF0F91C" level="title">
Title IV—REPEALS AND CONFORMING AMENDMENTS
</toc-entry>
<toc-entry idref="H6435A8484D1641EF9F286384E584D391" level="section">
Sec. 401. Repeals.
</toc-entry>
<toc-entry idref="H8860FF7A4A2C443FBD31D576B92AB7B4" level="section">
Sec. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
</toc-entry>
<toc-entry idref="H30C9930A0C4A42569A58CDF81D2DA7BA" level="section">
Sec. 403. Amendments to the Food and Nutrition Act of 2008.
</toc-entry>
<toc-entry idref="H32C231A8C39C4C4CB64B3AE0DDF6EA1B" level="section">
Sec. 404. Amendments to section 412 of the Immigration and Nationality Act.
</toc-entry>
<toc-entry idref="H30CD755F07C54076AFAE70257B1686CF" level="section">
Sec. 405. Amendments relating to the Second Chance Act of 2007.
</toc-entry>
<toc-entry idref="H3EE8A1FC43ED4D51B89617FC97196040" level="section">
Sec. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968.
</toc-entry>
<toc-entry idref="H9CA1860DD5704AC29E189D2CDA95ADDF" level="section">
Sec. 407. Conforming amendments to the United States Code.
</toc-entry>
<toc-entry idref="H276C2ED3B7AA400A856A7B42D886E511" level="section">
Sec. 408. Conforming amendment to table of contents.
</toc-entry>
<toc-entry idref="HBBFBC879F7B54D0399D6C8B4A3732BF7" level="title">
Title V—AMENDMENTS TO THE REHABILITATION ACT OF 1973
</toc-entry>
<toc-entry idref="H3F62567DAB3843F2B7599F852B529D84" level="section">
Sec. 501. Findings.
</toc-entry>
<toc-entry idref="H0CB86F6DBB9C4A6ABB5C4C9B9A1695D7" level="section">
Sec. 502. Rehabilitation services administration.
</toc-entry>
<toc-entry idref="HDE3CF487B0A14EA78635E36EFB19A4EB" level="section">
Sec. 503. Definitions.
</toc-entry>
<toc-entry idref="H4408A409539E42B3B44DF2AFB1F4A4C4" level="section">
Sec. 504. State plan.
</toc-entry>
<toc-entry idref="H237D9802DC7949FCAA49D2E35EB2A2A7" level="section">
Sec. 505. Scope of services.
</toc-entry>
<toc-entry idref="H05487E3E9F2642CABE6A1F5E09B3E32E" level="section">
Sec. 506. Standards and indicators.
</toc-entry>
<toc-entry idref="HFC1C1E44B4A843C4AFFA0D2FAC84AF98" level="section">
Sec. 507. Collaboration with industry.
</toc-entry>
<toc-entry idref="H3A2BE2E0670F4CA49BDE455BAA108E3B" level="section">
Sec. 508. Reservation for expanded transition services.
</toc-entry>
<toc-entry idref="H7E8400CEE0E04EF1AE14DA3D61C2E7F9" level="section">
Sec. 509. Client assistance program.
</toc-entry>
<toc-entry idref="H998979F32E524E98A5FEFF26D0498D1D" level="section">
Sec. 510. Title III amendments.
</toc-entry>
<toc-entry idref="H2FC26D6EBBAC4F7291AA0F33CC357B24" level="section">
Sec. 511. Repeal of title VI.
</toc-entry>
<toc-entry idref="H8DE317EC10DD4FF58ED2EAB7A7B42E37" level="section">
Sec. 512. Chairperson.
</toc-entry>
<toc-entry idref="HD7C59BCDA71C45BD9254F9F2DFEFF68E" level="section">
Sec. 513. Authorizations of appropriations.
</toc-entry>
<toc-entry idref="H1239E50202FA4E3898E46D0396700B37" level="section">
Sec. 514. Conforming amendments.
</toc-entry>
</toc>
</section>
<section id="H8F2E1BCFB6ED448CA80C93788C13DBF5">
<enum>
3.
</enum>
<header>
References
</header>
<text display-inline="no-display-inline">
Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/9201">
29 U.S.C. 9201 et seq.
</external-xref>
).
</text>
</section>
<section id="H8912A1DE3336439AB681E23EB0648D61">
<enum>
4.
</enum>
<header>
Effective date
</header>
<text display-inline="no-display-inline">
Except as otherwise provided, this Act and the amendments made by this Act shall be effective with respect to fiscal year 2014 and succeeding fiscal years.
</text>
</section>
<title id="H887B2DD198E44629BF688984EC87007D">
<enum>
I
</enum>
<header>
AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998
</header>
<subtitle id="HE9EF1EBAA5D44534B525B7F2634CD4D0">
<enum>
A
</enum>
<header>
Workforce Investment Definitions
</header>
<section id="H7BB5C75E651449C29EB5AED1F899F81B">
<enum>
101.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 101 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
) is amended—
</text>
<paragraph id="H940480D34714458493BC2CB440D92E08">
<enum>
(1)
</enum>
<text>
by striking paragraphs (13) and (24);
</text>
</paragraph>
<paragraph id="H3DCF35C34E034A8AA7BA0F511DE3F44A">
<enum>
(2)
</enum>
<text>
by redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14) through (23) as paragraphs (15) through (24), respectively;
</text>
</paragraph>
<paragraph id="HDA7A4EFD01B646F492EF9FF7F593D48C">
<enum>
(3)
</enum>
<text>
by striking paragraphs (52) and (53);
</text>
</paragraph>
<paragraph id="HA61B690E27064D28BC01130E24C6883C">
<enum>
(4)
</enum>
<text>
by inserting after
<quote>
In this title:
</quote>
the following new paragraphs:
</text>
<quoted-block id="H34F3AB9754354FC7A5761E175454784A" style="OLC">
<paragraph id="HABAD9E2851C24CCFB6FFCF65AFDB9866">
<enum>
(1)
</enum>
<header>
Accrued expenditures
</header>
<text>
The term
<term>
accrued expenditures
</term>
means charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; services performed by employees, contractors, subgrantees, subcontractors, and other payees; and other amounts becoming owed under programs assisted under this title for which no current services or performance is required, such as annuities, insurance claims, and other benefit payments.
</text>
</paragraph>
<paragraph id="HF96EADEA12F4487BA2294F06E5DB4868">
<enum>
(2)
</enum>
<header>
Administrative costs
</header>
<text>
The term
<term>
administrative costs
</term>
means expenditures incurred by State and local workforce investment boards, direct recipients (including State grant recipients under subtitle B and recipients of awards under subtitles C and D), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under this title which are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and non-personnel and both direct and indirect.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph display-inline="no-display-inline" id="H7775CB664E3E45879CF357142E8C28E9">
<enum>
(5)
</enum>
<text>
in paragraph (3) (as so redesignated), by striking
<quote>
Except in sections 127 and 132, the
</quote>
and inserting
<quote>
The
</quote>
;
</text>
</paragraph>
<paragraph id="H99BF40E6D1E1458689CDF8D254B30D63">
<enum>
(6)
</enum>
<text>
by amending paragraph (5) (as so redesignated) to read as follows:
</text>
<quoted-block id="H876BDFCA71324B45B6ECCD9081CEB804" style="OLC">
<paragraph id="HD1844A3A6F5449BA911FDA6F8C14AAD3">
<enum>
(5)
</enum>
<header>
Area career and technical education school
</header>
<text>
The term
<term>
area career and technical education school
</term>
has the meaning given the term in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2302">
20 U.S.C. 2302(3)
</external-xref>
).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HCF19CEB0DDD2420E812427A944810D7A">
<enum>
(7)
</enum>
<text>
in paragraph (6) (as so redesignated), by inserting
<quote>
(or such other level as the Governor may establish)
</quote>
after
<quote>
8th grade level
</quote>
;
</text>
</paragraph>
<paragraph id="HE9263530D79D42869B66885B413BDD93">
<enum>
(8)
</enum>
<text>
in paragraph (10)(C) (as so redesignated), by striking
<quote>
not less than 50 percent of the cost of the training
</quote>
and inserting
<quote>
a significant portion of the cost of training, as determined by the local board (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board determines to be appropriate
</quote>
;
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="H6DDD50B68EEA4777B95535D91076C973">
<enum>
(9)
</enum>
<text>
in paragraph (11) (as so redesignated)—
</text>
<subparagraph id="H4CDE91705D974AF59C15BB39BC21236A">
<enum>
(A)
</enum>
<text>
in subparagraph (A)(ii)(II), by striking
<quote>
section 134(c)
</quote>
and inserting
<quote>
section 121(e)
</quote>
;
</text>
</subparagraph>
<subparagraph id="HB941666E736F4A7594C8749D2F6A993E">
<enum>
(B)
</enum>
<text>
in subparagraph (B)(iii)—
</text>
<clause id="HE13EC82B657B4590B79FA7AB1929B877">
<enum>
(i)
</enum>
<text>
by striking
<quote>
134(d)(4)
</quote>
and inserting
<quote>
134(c)(4)
</quote>
; and
</text>
</clause>
<clause id="HFFCDEE584AE74A7C90A0806B0CDC77B0">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
intensive services described in section 134(d)(3)
</quote>
and inserting
<quote>
work ready services described in section 117(d)(5)(C)
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H1BF7825721924DBE884053E962BFBC24">
<enum>
(C)
</enum>
<text>
in subparagraph (C), by striking
<quote>
or
</quote>
after the semicolon;
</text>
</subparagraph>
<subparagraph id="H1590AD4428CB4C13ABDC5F45009B8D60">
<enum>
(D)
</enum>
<text>
in subparagraph (D), by striking the period and inserting
<quote>
; or
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HE0B72AB27C5343F1908BF0750A9CCF94">
<enum>
(E)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HC8A80104FEBB480E87993189082356E8" style="OLC">
<subparagraph id="HA68B2FAD4969414AA761F1F70B0358A5">
<enum>
(E)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H51144F715AD847FDA65213D537ECA4B0">
<enum>
(i)
</enum>
<text>
is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/10/101">
section 101(d)(2)
</external-xref>
of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or
</text>
</clause>
<clause id="HC4AD9CD8B8734F0697D5E483A9141D6F" indent="up1">
<enum>
(ii)
</enum>
<text>
is the spouse of a member of the Armed Forces on active duty who meets the criteria described in paragraph (12)(B).
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H3CC74E07F7F1445D8FCEF8BE682D8FA1">
<enum>
(10)
</enum>
<text>
in paragraph (12)(A) (as redesignated)—
</text>
<subparagraph id="H0C8D34BC0CB54413A20154A23838F2C5">
<enum>
(A)
</enum>
<text>
by striking
<quote>
and
</quote>
after the semicolon and inserting
<quote>
or
</quote>
;
</text>
</subparagraph>
<subparagraph id="H9B2ED2076D3E4D94BA1FAE1B14CF7A45">
<enum>
(B)
</enum>
<text>
by striking
<quote>
(A)
</quote>
and inserting
<quote>
(A)(i)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA8052B03C6A04456A91C8E88384BE10D">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H11C0073E8DED417ABF1FD1C1BBE5A6E7" style="OLC">
<clause id="H7E6FD01C15A74A6E8D7E882EDBF8197E" indent="up1">
<enum>
(ii)
</enum>
<text>
is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/10/101">
section 101(d)(2)
</external-xref>
of title 10, United States Code) whose family income is significantly reduced because of a deployment (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/10/991">
section 991(b)
</external-xref>
of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in
<external-xref legal-doc="usc" parsable-cite="usc/10/101">
section 101(a)(13)(B)
</external-xref>
of title 10, United States Code, a permanent change of station, or the service-connected (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/38/101">
section 101(16)
</external-xref>
of title 38, United States Code) death or disability of the member; and
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H35AA221142C74688A77344F82EC65EB1">
<enum>
(11)
</enum>
<text>
in paragraph (13) (as so redesignated), by inserting
<quote>
or regional
</quote>
after
<quote>
local
</quote>
each place it appears;
</text>
</paragraph>
<paragraph id="H5EDC11DD664340BBABF1278FEBC24503">
<enum>
(12)
</enum>
<text>
in paragraph (14) (as so redesignated)—
</text>
<subparagraph id="H1F1B34DD5733490AB0BD841006D611C4">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by striking
<quote>
section 122(e)(3)
</quote>
and inserting
<quote>
section 122
</quote>
;
</text>
</subparagraph>
<subparagraph id="H83F2DE3C20994E8B851EEB1A9B352051">
<enum>
(B)
</enum>
<text>
by striking subparagraph (B), and inserting the following:
</text>
<quoted-block id="HE6A460492A8F4A67945AA80E1E396D32" style="OLC">
<subparagraph id="HACD13F3C1A8B46E8A33B2B7332E452F3">
<enum>
(B)
</enum>
<text>
work ready services, means a provider who is identified or awarded a contract as described in section 117(d)(5)(C); or
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H57C3A7A403DD48538481FCF5E6CA07B7">
<enum>
(C)
</enum>
<text>
by striking subparagraph (C); and
</text>
</subparagraph>
<subparagraph id="HFB362A1091DC4752B4CCC3422DC73C97">
<enum>
(D)
</enum>
<text>
by redesignating subparagraph (D) as subparagraph (C).
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H713219D5B9FF4E07A7BB9C05D05CFBC7">
<enum>
(13)
</enum>
<text>
in paragraph (15) (as so redesignated), by striking
<quote>
adult or dislocated worker
</quote>
and inserting
<quote>
individual
</quote>
;
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="H843F9F558DAA47EDA1EFAE5A96E324C7">
<enum>
(14)
</enum>
<text>
in paragraph (25)—
</text>
<subparagraph id="H48AE4A4283E14AC0863569999F3F7A3D">
<enum>
(A)
</enum>
<text>
in subparagraph (B), by striking
<quote>
higher of—
</quote>
and all that follows through clause (ii) and inserting
<quote>
poverty line for an equivalent period;
</quote>
;
</text>
</subparagraph>
<subparagraph id="H6880366CD4C74FB285C44A3CE7934F66">
<enum>
(B)
</enum>
<text>
by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and
</text>
</subparagraph>
<subparagraph id="H17B9C1C317A44AFEB85DC63E4A83EEB8">
<enum>
(C)
</enum>
<text>
by inserting after subparagraph (C) the following:
</text>
<quoted-block id="HB66CE0C6BA1F4D0992986FB132B576F1" style="OLC">
<subparagraph id="H97408B885FA044C3A614381F18226349">
<enum>
(D)
</enum>
<text>
receives or is eligible to receive free or reduced price lunch under the Richard B. Russell National School Lunch Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1751">
42 U.S.C. 1751 et seq.
</external-xref>
);
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HC69E61FFE21E4992BFE88AA2B318A76C">
<enum>
(15)
</enum>
<text>
in paragraph (32), by striking
<quote>
the Republic of the Marshall Islands, the Federated States of Micronesia,
</quote>
;
</text>
</paragraph>
<paragraph id="H0DF5507F920B4EE286BD98BFF9AB30C2">
<enum>
(16)
</enum>
<text>
by amending paragraph (33) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H826CCEB8764A44C7BA1E1DF4B41A2AFA" style="OLC">
<paragraph id="HE2518FAA93AF48FC8E5F0185830FE6D4">
<enum>
(33)
</enum>
<header>
Out-of-school youth
</header>
<text display-inline="yes-display-inline">
The term
<term>
out-of-school youth
</term>
means—
</text>
<subparagraph id="H7FBA3A027A61469189CDA554FE800780">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
an at-risk youth who is a school dropout; or
</text>
</subparagraph>
<subparagraph id="H83747DE9B84C4549B7047CCEE477BE7A">
<enum>
(B)
</enum>
<text>
an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H99B04B6ED99A40C8BDFC33FA58FDA9AB">
<enum>
(17)
</enum>
<text>
in paragraph (38), by striking
<quote>
134(a)(1)(A)
</quote>
and inserting
<quote>
134(a)(1)(B)
</quote>
;
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="H528C06AFB69446D0B16A37C9D7968C92">
<enum>
(18)
</enum>
<text>
by amending paragraph (49) to read as follows:
</text>
<quoted-block id="H2310739988E647FC8AB354ADC0EE6FFB" style="OLC">
<paragraph id="HE836941667124F3F8A632A12F51D4055">
<enum>
(49)
</enum>
<header>
Veteran
</header>
<text>
The term
<term>
veteran
</term>
has the same meaning given the term in
<external-xref legal-doc="usc" parsable-cite="usc/5/2108">
section 2108(1)
</external-xref>
of title 5, United States Code.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph display-inline="no-display-inline" id="HBCABDD26EE2E43C8A2CBD1D643376C97">
<enum>
(19)
</enum>
<text>
by amending paragraph (50) to read as follows:
</text>
<quoted-block id="H3542E4E38C4344C9996529F9B6393B5A" style="OLC">
<paragraph id="H4BCAA75148FB4368ACFA7E2359805F13">
<enum>
(50)
</enum>
<header>
Career and technical education
</header>
<text>
The term
<term>
career and technical education
</term>
has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2302">
20 U.S.C. 2302
</external-xref>
).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HFAA31D7E275F405D880A0112491CAC56">
<enum>
(20)
</enum>
<text>
in paragraph (51) by striking
<quote>
, and a youth activity
</quote>
; and
</text>
</paragraph>
<paragraph id="HB945477FED854E2D8E1E78E9A5B7C028">
<enum>
(21)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC688855F23CA46CDB81C0895007F2547" style="OLC">
<paragraph id="HE988277853A64A368FD4C711FBA606FC">
<enum>
(52)
</enum>
<header>
At-risk youth
</header>
<text display-inline="yes-display-inline">
Except as provided in subtitle C, the term
<term>
at-risk youth
</term>
means an individual who—
</text>
<subparagraph id="H0F7711FD9DB74807A4FC2CBE3601EDB9">
<enum>
(A)
</enum>
<text>
is not less than age 16 and not more than age 24;
</text>
</subparagraph>
<subparagraph id="HAD16A8850E4840DAB92B5BBA387C02CB">
<enum>
(B)
</enum>
<text>
is a low-income individual; and
</text>
</subparagraph>
<subparagraph id="H502160709A7541D6858EFD947B544E51">
<enum>
(C)
</enum>
<text>
is an individual who is one or more of the following:
</text>
<clause id="H0BE789CE0EFE4887B3E6CABDF9F79F3B">
<enum>
(i)
</enum>
<text>
a secondary school dropout;
</text>
</clause>
<clause id="HD1314B3D49BA4CFBAF8BA408874B96F4">
<enum>
(ii)
</enum>
<text>
a youth in foster care (including youth aging out of foster care);
</text>
</clause>
<clause id="H99CB00CA9CB64C58A6C7847FDB6FC2A7">
<enum>
(iii)
</enum>
<text>
a youth offender;
</text>
</clause>
<clause id="HEECAD0E82BD84CB18EFE3FC74A8E5607">
<enum>
(iv)
</enum>
<text>
a youth who is an individual with a disability; or
</text>
</clause>
<clause id="H2F22594B760743329B60955FC8F0DCD7">
<enum>
(v)
</enum>
<text>
a migrant youth.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H2EF9ACDD067749089A110AB68824CFD7">
<enum>
(53)
</enum>
<header>
Industry or sector partnership
</header>
<text display-inline="yes-display-inline">
The term
<term>
industry or sector partnership
</term>
means a partnership of a State or local board and one or more industries and other entities that have the capability to help the State or local board determine the immediate and long term skilled workforce needs of in-demand industries and other occupations important to the State or local economy, respectively.
</text>
</paragraph>
<paragraph id="HD13D17A3B730483E9F757A6A4D038BA6">
<enum>
(54)
</enum>
<header>
Industry-recognized credential
</header>
<text display-inline="yes-display-inline">
The term
<term>
industry-recognized credential
</term>
means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring.
</text>
</paragraph>
<paragraph id="HE78038DE07964D9F91171CA6B5113EE9">
<enum>
(55)
</enum>
<header>
Recognized postsecondary credential
</header>
<text display-inline="yes-display-inline">
The term ‘recognized postsecondary credential’ means a credential awarded by a training provider or postsecondary educational institution based on completion of all requirements for a program of study, including coursework or tests or other performance evaluations. The term includes an industry-recognized credential, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree.
</text>
</paragraph>
<paragraph id="H11DF85DAC996444DB0744F58916B8F6F">
<enum>
(56)
</enum>
<header>
Pay-for-performance contract strategy
</header>
<text>
The term
<quote>
pay-for-performance contract strategy
</quote>
means a strategy in which a contract to provide a program of employment and training activities incorporates—
</text>
<subparagraph id="HE63AAFEDFB6A478B96F44EF4AA12F548">
<enum>
(A)
</enum>
<text>
the performance outcome described in subclauses (I) through (IV) of section 136(b)(2)(A)(i);
</text>
</subparagraph>
<subparagraph id="H766FE9D9A9714AB285D4E75AD3AB1C36">
<enum>
(B)
</enum>
<text>
a fixed amount that will be paid to a provider of such employment and training activities for each program participant who achieves the agreed to levels of performance based upon the outcome measures described in subparagraph (A), within a defined timetable, and may include a bonus payment to such provider which may be used to expand the capacity of such provider;
</text>
</subparagraph>
<subparagraph id="H90808984616A4C7C9F5D05BB12D7FB23">
<enum>
(C)
</enum>
<text>
the ability for a provider to recoup the costs of training a participant who has not met such outcome measures, but for whom the provider is able to demonstrate that such participant gained specific competencies required for education and career advancement that are, where feasible, tied to industry-recognized credentials and related standards, or State licensing requirements; and
</text>
</subparagraph>
<subparagraph id="H2CF0CD22076F47549BC45DCDCE5B8994">
<enum>
(D)
</enum>
<text>
the ability for a provider that does not meet the requirements under section 122(a)(2) to participate in such pay-for-performance contract and to not be required to report on the performance and cost information required under section 122(d).
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
<subtitle id="HA4BAEA04B55942BFA2D6D1A5E24A6B03">
<enum>
B
</enum>
<header>
Statewide and Local Workforce Investment Systems
</header>
<section id="HF4A360CC1CB34969A1E19CDA998993D5">
<enum>
102.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
Section 106 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811
</external-xref>
) is amended by adding at the end the following:
<quote>
It is also the purpose of this subtitle to provide workforce investment activities in a manner that enhances employer engagement, promotes customer choices in the selection of training services, and ensures accountability in the use of the taxpayer funds.
</quote>
.
</text>
</section>
<section id="HAFA21615BDCF473DB5410274DFA0D51A">
<enum>
103.
</enum>
<header>
State workforce investment boards
</header>
<text display-inline="no-display-inline">
Section 111 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2821">
29 U.S.C. 2821
</external-xref>
) is amended—
</text>
<paragraph id="H8D36DA4D48A84A30BB44533E84D2F228">
<enum>
(1)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="H298D87C38DCA44818C305F461DBBDB6B">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="H19ABC65A354F48C5B6A421FFBC01E58F">
<enum>
(i)
</enum>
<text>
by striking subparagraph (B);
</text>
</clause>
<clause id="HDC48AFE43FBB4F9C9C901D03117EE4D5">
<enum>
(ii)
</enum>
<text>
by redesignating subparagraph (C) as subparagraph (B); and
</text>
</clause>
<clause id="H05852628EF1D4775B482B6D38E377252">
<enum>
(iii)
</enum>
<text>
in subparagraph (B) (as so redesignated)—
</text>
<subclause id="H62E1AD560F8C40D4811637A8610969DB">
<enum>
(I)
</enum>
<text>
by amending clause (i)(I), by striking
<quote>
section 117(b)(2)(A)(i)
</quote>
and inserting
<quote>
section 117(b)(2)(A)
</quote>
;
</text>
</subclause>
<subclause id="HD3A93C70CC0D4951A4A14C2494CCE487">
<enum>
(II)
</enum>
<text>
by amending clause (i)(II) to read as follows:
</text>
<quoted-block id="H9C909EC2891C4F20B7B3FCE4756BD18D" style="OLC">
<subclause id="H3EC76F06C4A84353B0D08366305956A6">
<enum>
(II)
</enum>
<text>
represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the State economy; and
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="HDC5D9BB425A84E3F8CDB32523F77501B">
<enum>
(III)
</enum>
<text>
by striking clause (iii) and inserting the following:
</text>
<quoted-block id="HC4EA281B59824048BD563077D5C17C1D" style="OLC">
<clause id="HBE43351D7D604BF9BCA80EC9E6C28DD4">
<enum>
(iii)
</enum>
<text>
a State agency official responsible for economic development; and
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H499B15FA72B24CEAB916EB4857E06973">
<enum>
(IV)
</enum>
<text>
by striking clauses (iv) through (vi);
</text>
</subclause>
<subclause id="HD304FF9003F54DFFBCA081A480EDEFA4">
<enum>
(V)
</enum>
<text>
by amending clause (vii) to read as follows:
</text>
<quoted-block id="HCA74D4726A854B01A803284DBBF36E63" style="OLC">
<clause id="HA88D0D1935634FCC85669F4BC3D97A8F">
<enum>
(vii)
</enum>
<text display-inline="yes-display-inline">
such other representatives and State agency officials as the Governor may designate, including—
</text>
<subclause id="H1C349279E8264DC7AC8421378BF2EDBA">
<enum>
(I)
</enum>
<text>
members of the State legislature;
</text>
</subclause>
<subclause id="H0B1D231DEB314880A6BB9A60AA2149A3">
<enum>
(II)
</enum>
<text>
representatives of individuals and organizations that have experience with respect to youth activities;
</text>
</subclause>
<subclause id="H5495C941F1F84566B7595DB1CB2D8391">
<enum>
(III)
</enum>
<text>
representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community-based organizations within the State;
</text>
</subclause>
<subclause id="H5D53F597D7B44F58A815E529EB1FA0C4">
<enum>
(IV)
</enum>
<text>
representatives of the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners; or
</text>
</subclause>
<subclause id="H0751B754E53A43838645439540C1EB2A">
<enum>
(V)
</enum>
<text>
representatives of veterans service organizations.
</text>
</subclause>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H5AA0BF514F034F61A7D4FB9528A8225B">
<enum>
(VI)
</enum>
<text>
by redesignating clause (vii) (as so amended) as clause (iv); and
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HC78F4BE2EE384F74A2F65AAB12707840">
<enum>
(B)
</enum>
<text>
by amending paragraph (3) to read as follows:
</text>
<quoted-block id="H52D16D1EDAC3451FBFF508253357DCD0" style="OLC">
<paragraph id="H7DAAB64CCB0E4F3C8610EC3AAD768A7C">
<enum>
(3)
</enum>
<header>
Majority
</header>
<text>
A
<fraction>
2/3
</fraction>
majority of the members of the board shall be representatives described in paragraph (1)(B)(i).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HD0893D35FDC44C1F9EAECB252E65C4F0">
<enum>
(2)
</enum>
<text>
in subsection (c), by striking
<quote>
(b)(1)(C)(i)
</quote>
and inserting
<quote>
(b)(1)(B)(i)
</quote>
;
</text>
</paragraph>
<paragraph id="HFC02C9383FD14BA384E06636F56A24A7">
<enum>
(3)
</enum>
<text>
by amending subsection (d) to read as follows:
</text>
<quoted-block id="HF320C77ED10B48F3B46A4830C182C63F" style="OLC">
<subsection id="HE3BB5CFFF670411B9DA06A5D2370B2CD">
<enum>
(d)
</enum>
<header>
Functions
</header>
<text>
The State board shall assist the Governor of the State as follows:
</text>
<paragraph id="H73795C6722474D32BA676BCA1E93A1B2">
<enum>
(1)
</enum>
<header>
State plan
</header>
<text>
Consistent with section 112, develop a State plan.
</text>
</paragraph>
<paragraph id="H0DFFC56E6D8D43D5AAAAF4AE40150C19">
<enum>
(2)
</enum>
<header>
Statewide workforce development system
</header>
<text>
Review and develop statewide policies and programs in the State in a manner that supports a comprehensive Statewide workforce development system that will result in meeting the workforce needs of the State and its local areas. Such review shall include determining whether the State should consolidate additional programs into the Workforce Investment Fund in accordance with section 501(e).
</text>
</paragraph>
<paragraph id="H1FB8B89E20CF47E5AF4F742778940DC0">
<enum>
(3)
</enum>
<header>
Workforce and labor market information system
</header>
<text>
Develop a statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act, which may include using existing information conducted by the State economic development entity or related entity in developing such system.
</text>
</paragraph>
<paragraph id="H96ADC50AE2884919B0B4E8C656F34B90">
<enum>
(4)
</enum>
<header>
Employer engagement
</header>
<text>
Develop strategies across local areas that meet the needs of employers and support economic growth in the State by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers.
</text>
</paragraph>
<paragraph id="H2EFC2703B2C846719CAB6BC86A28DC31">
<enum>
(5)
</enum>
<header>
Designation of local areas
</header>
<text>
Designate local areas as required under section 116.
</text>
</paragraph>
<paragraph id="H1F62946F81F64FDFAC33A85620CBF4B3">
<enum>
(6)
</enum>
<header>
One-stop delivery system
</header>
<text>
Identify and disseminate information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies.
</text>
</paragraph>
<paragraph id="H08C2CADDF0FB48C49082228DA13BCBD7">
<enum>
(7)
</enum>
<header>
Program oversight
</header>
<text>
Conduct the following program oversight:
</text>
<subparagraph id="H345F63A90F4A4AB7B99FDAA4166E5F6E">
<enum>
(A)
</enum>
<text>
Reviewing and approving local plans under section 118.
</text>
</subparagraph>
<subparagraph id="HD24C03857BED4FB6BCFACA9565A6057E">
<enum>
(B)
</enum>
<text>
Ensuring the appropriate use and management of the funds provided for State employment and training activities authorized under section 134.
</text>
</subparagraph>
<subparagraph id="H6FF5A6ECBBCD4ED6A98B56FE40A97506">
<enum>
(C)
</enum>
<text>
Preparing an annual report to the Secretary described in section 136(d).
</text>
</subparagraph>
</paragraph>
<paragraph id="HA38EEAE0C1354202B74BD677B85B0A81">
<enum>
(8)
</enum>
<header>
Development of performance measures
</header>
<text>
Develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, as described under section 136(b).
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H7EBBB5943CE54D2C9B8ED27FE3269017">
<enum>
(4)
</enum>
<text>
by striking subsection (e) and redesignating subsection (f) as subsection (e);
</text>
</paragraph>
<paragraph commented="no" id="H62174720A08342BAB6178B9201B40CEC">
<enum>
(5)
</enum>
<text>
in subsection (e) (as so redesignated), by inserting
<quote>
or participate in any action taken
</quote>
after
<quote>
vote
</quote>
;
</text>
</paragraph>
<paragraph id="H33F6B83C3B954E82A216F104641D5FEB">
<enum>
(6)
</enum>
<text>
by inserting after subsection (e) (as so redesignated), the following:
</text>
<quoted-block id="H118D4E3238364C9A956C63BE8D9D1B31" style="OLC">
<subsection id="H1D44166540FD451CBE888F8AE26BF073">
<enum>
(f)
</enum>
<header>
Staff
</header>
<text>
The State board may employ staff to assist in carrying out the functions described in subsection (d).
</text>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HD8A9D6C19EE34816A1D4CBEF904D6FDB">
<enum>
(7)
</enum>
<text>
in subsection (g), by inserting
<quote>
electronic means and
</quote>
after
<quote>
on a regular basis through
</quote>
.
</text>
</paragraph>
</section>
<section id="H774192002AA6447BA53597FDA3B9F553">
<enum>
104.
</enum>
<header>
State plan
</header>
<text display-inline="no-display-inline">
Section 112 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2822">
29 U.S.C. 2822
</external-xref>
)—
</text>
<paragraph id="H74C6E727E6A8405AA7BDC6668466059E">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="H7C4B50EFDE06461F9705BE5DF039983E">
<enum>
(A)
</enum>
<text>
by striking
<quote>
127 or
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H1205E6CD997848929A27AD08175D95CF">
<enum>
(B)
</enum>
<text>
by striking
<quote>
5-year strategy
</quote>
and inserting
<quote>
3-year strategy
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H743D33D24F74411391490A066412D2BD">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="H85A1A3D84FE0419A8009A3E4C6F07451">
<enum>
(A)
</enum>
<text>
by amending paragraph (4) to read as follows:
</text>
<quoted-block id="H580015FCDAC14534B76CC30E82B58EA9" style="OLC">
<paragraph id="HC95A53E8EBDF4AB1AE475F90AA1E3828">
<enum>
(4)
</enum>
<text>
information describing—
</text>
<subparagraph id="H2B14643ED95644B0BB5AAD35B9A77ACC">
<enum>
(A)
</enum>
<text>
the economic conditions in the State;
</text>
</subparagraph>
<subparagraph id="H8A525FD86A994CFFBA60CA05AFE682EC">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy;
</text>
</subparagraph>
<subparagraph id="H3777A6FADB95458787364574E09A9B8F">
<enum>
(C)
</enum>
<text>
the knowledge and skills of the workforce in the State; and
</text>
</subparagraph>
<subparagraph id="H7587847C78B14ABD9D2645C166A8181F">
<enum>
(D)
</enum>
<text>
workforce development activities (including education and training) in the State;
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HD3A4E1AF3FBB42DFBC6A495E2BC64E84">
<enum>
(B)
</enum>
<text>
by amending paragraph (7) to read as follows:
</text>
<quoted-block id="HD5EE5535570F4765A78F184ED1EB3AAF" style="OLC">
<paragraph id="H11959238AAEC48F58ACF0D82621DB292">
<enum>
(7)
</enum>
<text>
a description of the State criteria for determining the eligibility of training providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training programs relate to occupations that are in-demand;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H491F413330724393BFCD6810EE1E50D5">
<enum>
(C)
</enum>
<text>
by amending paragraph (8) to read as follows:
</text>
<quoted-block id="H8429DBA434764C479F897A9D41312268" style="OLC">
<paragraph id="HE90E6DCD0DE14DC49430FD9CEF765C90">
<enum>
(8)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HBFA1E609AF27402C8CA52D17C718DABE">
<enum>
(A)
</enum>
<text>
a description of the procedures that will be taken by the State to assure coordination of, and avoid duplication among, the programs and activities identified under section 501(b)(2); and
</text>
</subparagraph>
<subparagraph id="H64303EE3D03848BA96162BF1658D2471" indent="up1">
<enum>
(B)
</enum>
<text>
a description of common data collection and reporting processes used for the programs and activities described in subparagraph (A), which are carried out by one-stop partners, including—
</text>
<clause id="HCAAD274AA4F94575882A82D9E537C127">
<enum>
(i)
</enum>
<text>
assurances that such processes use quarterly wage records for performance measures described in section 136(b)(2)(A) that are applicable to such programs or activities; or
</text>
</clause>
<clause id="HCDEFD67BE99F4A88AA8A87760C8BB3C0">
<enum>
(ii)
</enum>
<text>
if such wage records are not being used for the performance measures, an identification of the barriers to using such wage records and a description of how the State will address such barriers within one year of the approval of the plan;
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H99F88F27D1E34F0FB032042CD7E4C73B">
<enum>
(D)
</enum>
<text>
in paragraph (9), by striking
<quote>
, including comment by representatives of businesses and representatives of labor organizations,
</quote>
;
</text>
</subparagraph>
<subparagraph id="HF2EB6A5E4ED94F50BE7B0B5A1B4A908D">
<enum>
(E)
</enum>
<text>
in paragraph (11), by striking
<quote>
under sections 127 and 132
</quote>
and inserting
<quote>
under section 132
</quote>
;
</text>
</subparagraph>
<subparagraph id="HEC7074790CEB42FB979741977CF2252F">
<enum>
(F)
</enum>
<text>
by striking paragraph (12);
</text>
</subparagraph>
<subparagraph id="HE71E07B277874003BB192E682F44E580">
<enum>
(G)
</enum>
<text>
by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively;
</text>
</subparagraph>
<subparagraph id="H1B5F02729959408382521A53A0A0C242">
<enum>
(H)
</enum>
<text>
in paragraph (12) (as so redesignated), by striking
<quote>
111(f)
</quote>
and inserting
<quote>
111(e)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H1C030C1EB90A43AE8BE8C7E96EA10EC0">
<enum>
(I)
</enum>
<text>
in paragraph (13) (as so redesignated), by striking
<quote>
134(c)
</quote>
and inserting
<quote>
121(e)
</quote>
;
</text>
</subparagraph>
<subparagraph id="HFA007079C45743699F9232759FA06BBB">
<enum>
(J)
</enum>
<text>
in paragraph (14) (as so redesignated), by striking
<quote>
116(a)(5)
</quote>
and inserting
<quote>
116(a)(4)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H07C70953E9DC45CB949762E14A53D5E2">
<enum>
(K)
</enum>
<text>
in paragraph (16) (as so redesignated)—
</text>
<clause id="HE194CF03B1DA4A47B6ECCD1F5BBE6CDC">
<enum>
(i)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="H93A733EC7417402CAE445AE63DD6A1D8">
<enum>
(I)
</enum>
<text>
in clause (ii), by striking
<quote>
to dislocated workers
</quote>
;
</text>
</subclause>
<subclause id="H7903AC826FA34F23B9000EBDCFCA50D4">
<enum>
(II)
</enum>
<text>
in clause (iii), by striking
<quote>
134(d)(4)
</quote>
and inserting
<quote>
134(c)(4)
</quote>
;
</text>
</subclause>
<subclause id="HB46B9DA0E6AE496BAF7DC0005DC5A390">
<enum>
(III)
</enum>
<text>
by striking
<quote>
and
</quote>
at the end of clause (iii);
</text>
</subclause>
<subclause id="H92E9AE55546545358DDDDADD0D38A68E">
<enum>
(IV)
</enum>
<text>
by amending clause (iv) to read as follows:
</text>
<quoted-block id="HB0C0749432744061AF4C00A661B3C960" style="OLC">
<clause id="H50B1E018E04247C19B38AAC36DD0B464">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2011">
7 U.S.C. 2011 et seq.
</external-xref>
)), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled and homeless veterans), and Native Americans; and
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H074269EDB4214A6FB00B2ED5963AA04D">
<enum>
(V)
</enum>
<text>
by adding at the end the following new clause:
</text>
<quoted-block id="H59D95C659D294B198EF00477DDEB2916" style="OLC">
<clause id="H690756B6AF8E428BB30C40E91C7C7983">
<enum>
(v)
</enum>
<text>
how the State will—
</text>
<subclause id="H9891242169AE420A864A98D2E096B5FA">
<enum>
(I)
</enum>
<text>
consistent with section 188 and Executive Order 13217 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12131">
42 U.S.C. 12131
</external-xref>
note), serve the employment and training needs of individuals with disabilities; and
</text>
</subclause>
<subclause id="HF72158301A03444386135D0F3E2F5DAD">
<enum>
(II)
</enum>
<text>
consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle;
</text>
</subclause>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="H5436AE33C97C44C99D340242773F686B">
<enum>
(ii)
</enum>
<text>
in subparagraph (B), by striking
<quote>
to the extent practicable
</quote>
and inserting
<quote>
in accordance with the requirements of the Jobs for Veterans Act (
<external-xref legal-doc="public-law" parsable-cite="pl/107/288">
Public Law 107–288
</external-xref>
) and the amendments made by such Act
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="HDFC18CD9EFEE47D4BC95501E43D0D0A7">
<enum>
(L)
</enum>
<text>
by striking paragraph (17) (as so redesignated) and inserting the following:
</text>
<quoted-block id="HC0532C527DF146588A701EB6B9108620" style="OLC">
<paragraph display-inline="no-display-inline" id="H9F9799D7C196465C9B58A0656EABF4E4">
<enum>
(17)
</enum>
<text>
a description of the strategies and services that will be used in the State—
</text>
<subparagraph id="HB6492BBD8E314CD8B3A622ACB068C4BB">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the State economy;
</text>
</subparagraph>
<subparagraph id="H659A6CFEB86C41C6AEA2DFA5C7724DC0">
<enum>
(B)
</enum>
<text>
to meet the needs of employers in the State; and
</text>
</subparagraph>
<subparagraph id="H6CD03CBFFAC34EE7A6215AAFF9C6FB14">
<enum>
(C)
</enum>
<text>
to better coordinate workforce development programs with economic development activities;
</text>
</subparagraph>
</paragraph>
<paragraph id="H65050E6D4B474474A7CB78FA698F119F">
<enum>
(18)
</enum>
<text>
a description of how the State board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster—
</text>
<subparagraph id="HF74A2F199F774B1ABE3387AB89B13FA5">
<enum>
(A)
</enum>
<text>
to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters;
</text>
</subparagraph>
<subparagraph id="H142974AA1C9F4212AA886ACAEAC4D634">
<enum>
(B)
</enum>
<text>
to address the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the State economy, and
</text>
</subparagraph>
<subparagraph id="H7E92D89669A14190882798B9DF245660">
<enum>
(C)
</enum>
<text>
to address critical skill gaps within and across industries;
</text>
</subparagraph>
</paragraph>
<paragraph id="HBD7115A2F76C4F83A211356BB153C70D">
<enum>
(19)
</enum>
<text>
a description of how the State will utilize technology to facilitate access to services in remote areas, which may be used throughout the State;
</text>
</paragraph>
<paragraph id="HA1DF3CD918DE4413AF9A848DFCAD24DC">
<enum>
(20)
</enum>
<text>
a description of the State strategy and assistance to be provided for encouraging regional cooperation within the State and across State borders, as appropriate;
</text>
</paragraph>
<paragraph id="HC1FB99982F8B43F2B7B5D6607BB233D5">
<enum>
(21)
</enum>
<text>
a description of the actions that will be taken by the State to foster communication, coordination, and partnerships with non-profit organizations (including public libraries, community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, to enhance the quality and comprehensiveness of services available to participants under this title;
</text>
</paragraph>
<paragraph id="HAD4155A427E640B78ABDD91BB04F0C57">
<enum>
(22)
</enum>
<text>
a description of the process and methodology for determining—
</text>
<subparagraph id="H324A3F5F01C04EA49297B1DDC42A0B49">
<enum>
(A)
</enum>
<text>
one-stop partner program contributions for the cost of the infrastructure of one-stop centers under section 121(h)(1); and
</text>
</subparagraph>
<subparagraph id="HE4598421037F4277BB8E18518B1DB3AE">
<enum>
(B)
</enum>
<text>
the formula for allocating such infrastructure funds to local areas under section 121(h)(3);
</text>
</subparagraph>
</paragraph>
<paragraph id="H9D566565AB944D3CB2EE39EBB9661FCF">
<enum>
(23)
</enum>
<text display-inline="yes-display-inline">
a description of the strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including—
</text>
<subparagraph id="HB7843FBBA1054126995BBCCF6113F76A">
<enum>
(A)
</enum>
<text>
training and internships in in-demand industries or occupations important to the State and local economy;
</text>
</subparagraph>
<subparagraph id="H7E1547A54ED64591AB11AAB68399E012">
<enum>
(B)
</enum>
<text>
dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and
</text>
</subparagraph>
<subparagraph id="H2AF480B8FA824EDDADAAC5061B1BF602">
<enum>
(C)
</enum>
<text>
activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H1396E148303E4357A0E0BA8EE5A5BAAB">
<enum>
(24)
</enum>
<text>
a description of—
</text>
<subparagraph id="H791E76AA3F1945F2896B211979E53DF3">
<enum>
(A)
</enum>
<text>
how the State will furnish employment, training, supportive, and placement services to veterans, including disabled and homeless veterans;
</text>
</subparagraph>
<subparagraph id="H401429EF461D42058629EE7981BAC83C">
<enum>
(B)
</enum>
<text>
the strategies and services that will be used in the State to assist and expedite reintegration of homeless veterans into the labor force; and
</text>
</subparagraph>
<subparagraph id="HBD41C6356CCF4ABDA0628B34241AA367">
<enum>
(C)
</enum>
<text>
the veteran population to be served in the State.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H10E725EE4FA24E32904D9D11B046B12F">
<enum>
(3)
</enum>
<text>
in subsection (c), by striking
<quote>
period, that—
</quote>
all that follows through paragraph (2) and inserting
<quote>
period, that the plan is inconsistent with the provisions of this title.
</quote>
; and
</text>
</paragraph>
<paragraph id="HF7D5FD55328C4DD9AE918728E6D75B9F">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
in subsection (d), by striking
<quote>
5-year
</quote>
and inserting
<quote>
3-year
</quote>
.
</text>
</paragraph>
</section>
<section id="H0102B23F2F8942FFAE250B72136A3E13">
<enum>
105.
</enum>
<header>
Local workforce investment areas
</header>
<text display-inline="no-display-inline">
Section 116 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2831">
29 U.S.C. 2831
</external-xref>
) is amended—
</text>
<paragraph id="H38D43F4D900242ED8DEB26607CF68E94">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="HA7BCA7A6848A46CBA014E4280C2A814D">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="H39CFE84C31A8432B863175AEDBEA5D79">
<enum>
(i)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="HD24D5DDD793A4725BB9FCD0CB8F6EAD1">
<enum>
(I)
</enum>
<text>
by striking
<quote>
Except as provided in subsection (b), and consistent with paragraphs (2), (3), and (4), in
</quote>
and inserting
<quote>
In
</quote>
; and
</text>
</subclause>
<subclause id="H12632EA496DE4ECA9AEC4DA6BA3B5823">
<enum>
(II)
</enum>
<text>
by striking
<quote>
127 or
</quote>
; and
</text>
</subclause>
</clause>
<clause id="HFE9290EB80AE4D989624BC2A9A95C384">
<enum>
(ii)
</enum>
<text>
by amending subparagraph (B) to read as follows:
</text>
<quoted-block id="H7A2E38EB0B414A0AAC1B5EF49FF989B3" style="OLC">
<subparagraph id="H4D4EAB5E3EAA41EF8F146B4CEB6EA79F">
<enum>
(B)
</enum>
<header>
Considerations
</header>
<text>
In making the designation of local areas, the Governor shall take into consideration the following:
</text>
<clause id="H64726323F8CB45E2B5124883941B9276">
<enum>
(i)
</enum>
<text>
The extent to which such local areas are consistent with labor market areas.
</text>
</clause>
<clause id="H65951EB2285A458F87F774928265C82E">
<enum>
(ii)
</enum>
<text>
The extent to which labor market areas align with economic development regions.
</text>
</clause>
<clause id="HAC5AF08D8D174DCFAE6930F96F240AC9">
<enum>
(iii)
</enum>
<text>
Whether such local areas have the appropriate education and training providers to meet the needs of the local workforce.
</text>
</clause>
<clause id="H4734701FD2D741EF82F9993A7DEFC4F9">
<enum>
(iv)
</enum>
<text>
The distance that individuals will need to travel to receive services provided in such local areas.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H32C7A604078E4AFF917E143509A4B9FE">
<enum>
(B)
</enum>
<text>
by amending paragraph (2) to read as follows:
</text>
<quoted-block id="H70AEFB01812C4CC1B93415716ADBE3C9" style="OLC">
<paragraph id="HE40C5BED17B14010AE79C25B3FB72F2A">
<enum>
(2)
</enum>
<header>
Technical assistance
</header>
<text>
The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H063413916E004976B81D0F6088559E21">
<enum>
(C)
</enum>
<text>
by striking paragraph (3) and inserting the following:
</text>
<quoted-block id="H700778ECDA684E5FB20B75E6DD9CFBC9" style="OLC">
<paragraph id="H6FA0055314DC4C6784EF511809E5B61E">
<enum>
(3)
</enum>
<header>
Designation on recommendation of state board
</header>
<text>
The Governor may approve a request from any unit of general local government (including a combination of such units) for designation as a local area under paragraph (1) if the State board determines, taking into account the factors described in clauses (i) through (iv) of paragraph (1)(B), and recommends to the Governor, that such area shall be so designated.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HDB3E72CADE6B48279BAF3EF2BDD7D1E3">
<enum>
(D)
</enum>
<text>
by striking paragraph (4); and
</text>
</subparagraph>
<subparagraph id="H92D948C9743B4520A889A25E07B2A4A7">
<enum>
(E)
</enum>
<text>
by redesignating paragraph (5) as paragraph (4);
</text>
</subparagraph>
</paragraph>
<paragraph id="H56891640B44B4D22B7BB471EB7D98A55">
<enum>
(2)
</enum>
<text>
by amending subsection (b) to read as follows:
</text>
<quoted-block id="HC69E64FAE0264CE9BC9F4CEA9FA01FBF" style="OLC">
<subsection id="H070ABFAF4EE943C585F95E035A618241">
<enum>
(b)
</enum>
<header>
Single states
</header>
<text>
Consistent with subsection (a)(1)(B), the Governor may designate a State as a single State local area for the purposes of this title.
</text>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HAD6B989F391B4192B1B148D6D9434C03">
<enum>
(3)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="HD3829D40C64C4FA7A6CC2CB0B1CC47E3">
<enum>
(A)
</enum>
<text>
in paragraph (1), by adding at the end the following:
<quote>
The State may require the local boards for the designated region to prepare a single regional plan that incorporates the elements of the local plan under section 118 and that is submitted and approved in lieu of separate local plans under such section.
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HAC14BFD5CB1C4979995E3D7D5D47DE3E">
<enum>
(B)
</enum>
<text>
in paragraph (2), by striking
<quote>
employment statistics
</quote>
and inserting
<quote>
workforce and labor market information
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="HB323179DE8FE45B98EA6018C371443CA">
<enum>
106.
</enum>
<header>
Local workforce investment boards
</header>
<text display-inline="no-display-inline">
Section 117 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2832">
29 U.S.C. 2832
</external-xref>
) is amended—
</text>
<paragraph id="H2DA957803B3742E59C43E91E8021052D">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (b)—
</text>
<subparagraph id="H2E16ECD2CDC24CEDBE879288A5DD5E48">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
in paragraph (2)—
</text>
<clause id="H5A6F1117B81B46FC91B7B98392A9BB44">
<enum>
(i)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="H44CB3BD97DEA40A980B84BBDFE63E3A2">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
include—
</quote>
and all that follows through
<quote>
representatives
</quote>
and inserting
<quote>
include representatives
</quote>
;
</text>
</subclause>
<subclause id="H3AF3A6195D2B4BE6B57A0D76A0411F07">
<enum>
(II)
</enum>
<text>
by striking clauses (ii) through (vi);
</text>
</subclause>
<subclause id="HE972F0AA26F9447A8B10BBEAF3EB3F38">
<enum>
(III)
</enum>
<text>
by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively (and by moving the margins of such clauses 2 ems to the left);
</text>
</subclause>
<subclause id="HA3A200D95D7B41F79BD6B3B2E8682279">
<enum>
(IV)
</enum>
<text>
by striking clause (ii) (as so redesignated) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H44234B9543474618939D845FF0908FF3" style="OLC">
<clause id="HA64AA172E28E477890D57DFB004293B6">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the local economy; and
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="HEC9039EE5A5842E4B2327514FDEA8701">
<enum>
(V)
</enum>
<text>
by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting
<quote>
; and
</quote>
; and
</text>
</subclause>
</clause>
<clause id="HC8CFB30F343B4992B35524D0601F3B75">
<enum>
(ii)
</enum>
<text>
by amending subparagraph (B) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H054B80535F4D408F89B721A28936911D" style="OLC">
<subparagraph id="HADD2393D68034B76BC9E79C0DCE52C04">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate, including—
</text>
<clause id="H2FEE6A78BAA042548FD3D710BC3310AD">
<enum>
(i)
</enum>
<text>
a superintendent of the local secondary school system, the president or chief executive officer of a postsecondary educational institution (including a community college, where such an entity exists), or an administrator of local entities providing adult education and literacy activities;
</text>
</clause>
<clause id="H5D974369A725438AAFA3B6768D63D75D">
<enum>
(ii)
</enum>
<text>
representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); or
</text>
</clause>
<clause id="HC1A82BFD6FCC4EBB9FA49DE6D4D1026C">
<enum>
(iii)
</enum>
<text>
representatives of veterans service organizations.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H6095DF168AFF4777A53EA10425781C2C">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in paragraph (4)—
</text>
<clause id="H2CBD0684EF994130A01A769EA64A0591">
<enum>
(i)
</enum>
<text>
by striking
<quote>
A majority
</quote>
and inserting
<quote>
A
<fraction>
2/3
</fraction>
majority
</quote>
; and
</text>
</clause>
<clause id="HFF2C239FF2234519ACD210AFE8A4B6A9">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
(2)(A)(i)
</quote>
and inserting
<quote>
(2)(A)
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H1EE5C72E94B448EDBA29BF5BFBEB87FD">
<enum>
(C)
</enum>
<text>
in paragraph (5) by striking
<quote>
(2)(A)(i)
</quote>
and inserting
<quote>
(2)(A)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HF46B6AE78D634F96B320CD570AE44C3D">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by striking subsection (c)(1)(C);
</text>
</paragraph>
<paragraph id="HBD8BEA8A7629470599FA0CF320C2F86E">
<enum>
(3)
</enum>
<text>
by amending subsection (d) to read as follows:
</text>
<quoted-block id="HB4B81129788B46D78BB47ED0A4A2FB53" style="OLC">
<subsection id="H719BCF78935B4383A897789D96E591DE">
<enum>
(d)
</enum>
<header>
Functions of local board
</header>
<text>
The functions of the local board shall include the following:
</text>
<paragraph id="HFADA8DB2255440E9B2D98163A7FD9E78">
<enum>
(1)
</enum>
<header>
Local plan
</header>
<text>
Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor.
</text>
</paragraph>
<paragraph id="HD20B9B0C93494CB3AE9E87A2B9E2A8B7">
<enum>
(2)
</enum>
<header>
Workforce research and regional labor market analysis
</header>
<subparagraph id="HEF2F740D8581406FA6AC63CC511A213D">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The local board shall—
</text>
<clause id="H402FBABAE79B47F1B65C826440629829">
<enum>
(i)
</enum>
<text>
conduct, and regularly update, an analysis of—
</text>
<subclause id="H32FE08122C68453F8E74716F2EF8A6E8">
<enum>
(I)
</enum>
<text>
the economic conditions in the local area;
</text>
</subclause>
<subclause id="HB2DBDF985CB54FAB92EF3C0E86B3485D">
<enum>
(II)
</enum>
<text>
the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy;
</text>
</subclause>
<subclause id="H4CEBDA42DC06427FB7CA40CDDF33A9A1">
<enum>
(III)
</enum>
<text>
the knowledge and skills of the workforce in the local area; and
</text>
</subclause>
<subclause id="H33BB027A56D3413F815F901929BBCCEE">
<enum>
(IV)
</enum>
<text>
workforce development activities (including education and training) in the local area; and
</text>
</subclause>
</clause>
<clause id="HBE1325AA4AC347B783CDDEF6611E9102">
<enum>
(ii)
</enum>
<text>
assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act.
</text>
</clause>
</subparagraph>
<subparagraph id="HBFC63D19403B4D9CB3EE9634D82B3445">
<enum>
(B)
</enum>
<header>
Existing analysis
</header>
<text>
A local board shall use existing analysis by the local economic development entity or related entity in order to carry out requirements of subparagraph (A)(i).
</text>
</subparagraph>
</paragraph>
<paragraph id="HA72A1A4B369D410BA2739EAAE4A7AB95">
<enum>
(3)
</enum>
<header>
Employer engagement
</header>
<text>
The local Board shall meet the needs of employers and support economic growth in the local area by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers.
</text>
</paragraph>
<paragraph id="H889F24AC07694675A06F404CD77CFE7C">
<enum>
(4)
</enum>
<header>
Budget and administration
</header>
<subparagraph id="H95EF0181C8ED4261A2B03793359DD855">
<enum>
(A)
</enum>
<header>
Budget
</header>
<clause id="H046538DAE7824A82B43B208ABD872847">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection.
</text>
</clause>
<clause id="HE45879E11EC34A5E8BF80EF32B4A4663">
<enum>
(ii)
</enum>
<header>
Training reservation
</header>
<text>
In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(c)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve under this clause.
</text>
</clause>
</subparagraph>
<subparagraph id="H72821378B1124EC68B65FA7A9E8CF752">
<enum>
(B)
</enum>
<header>
Administration
</header>
<clause id="HF8BFEE1409D44594B578DBF2542CCC5F">
<enum>
(i)
</enum>
<header>
Grant recipient
</header>
<subclause id="H5F2A415D7C0D43C7ABA523FD935B0FCE">
<enum>
(I)
</enum>
<header>
In general
</header>
<text>
The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under section 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability.
</text>
</subclause>
<subclause id="H4F8ECE222A4F46B7BCD8A161463E1177">
<enum>
(II)
</enum>
<header>
Designation
</header>
<text>
In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I).
</text>
</subclause>
<subclause id="HDABCDBA13DB54BCFB81A4E81DDFDF9BE">
<enum>
(III)
</enum>
<header>
Disbursal
</header>
<text>
The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board.
</text>
</subclause>
</clause>
<clause id="HDEE7ED9609074821BC110B687927E1B5">
<enum>
(ii)
</enum>
<header>
Staff
</header>
<text>
The local board may employ staff to assist in carrying out the functions described in this subsection.
</text>
</clause>
<clause id="HDD507EEEA4FF49978967376A8981EA73">
<enum>
(iii)
</enum>
<header>
Grants and donations
</header>
<text>
The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H2E444D44550E4C5BA746871533DDB441">
<enum>
(5)
</enum>
<header>
Selection of operators and providers
</header>
<subparagraph id="HC9952FCAD67E41708DE92E3B5FB74A32">
<enum>
(A)
</enum>
<header>
Selection of one-stop operators
</header>
<text>
Consistent with section 121(d), the local board, with the agreement of the chief elected official—
</text>
<clause id="HE5CDC8D359054D74B5CEAAFC53AF197C">
<enum>
(i)
</enum>
<text>
shall designate or certify one-stop operators as described in section 121(d)(2)(A); and
</text>
</clause>
<clause id="H1D7A0459FD96426B837B539C2EFAC31F">
<enum>
(ii)
</enum>
<text>
may terminate for cause the eligibility of such operators.
</text>
</clause>
</subparagraph>
<subparagraph id="H59E593EFFE6B4867896D61B5792E0CE5">
<enum>
(B)
</enum>
<header>
Identification of eligible training service providers
</header>
<text display-inline="yes-display-inline">
Consistent with this subtitle, the local board shall identify eligible providers of training services described in section 134(c)(4) in the local area, annually review the outcome of individual training providers using the criteria under section 122(b)(2), and designate providers in the local area who have demonstrated the highest level of success with respect to such indicators as priority providers for the following program year.
</text>
</subparagraph>
<subparagraph id="HDEEF67F2364B4A10B1C6AAAD9AA8BB4E">
<enum>
(C)
</enum>
<header>
Identification of eligible providers of work ready services
</header>
<text>
If the one-stop operator does not provide the services described in section 134(c)(2) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts.
</text>
</subparagraph>
</paragraph>
<paragraph id="H99599D0CB4D04314A1AD57E705A6C8A9">
<enum>
(6)
</enum>
<header>
Program oversight
</header>
<text>
The local board, in partnership with the chief elected official, shall be responsible for—
</text>
<subparagraph id="H6B4FEF1F7D984BF2BB09811C28EE3C7E">
<enum>
(A)
</enum>
<text>
ensuring the appropriate use and management of the funds provided for local employment and training activities authorized under section 134(b); and
</text>
</subparagraph>
<subparagraph id="H81459220A3334BB0B9BDC3B5FC48801B">
<enum>
(B)
</enum>
<text>
conducting oversight of the one-stop delivery system in the local area authorized under section 121.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3127D1EA54AB492896F2B076E06F2019">
<enum>
(7)
</enum>
<header>
Negotiation of local performance measures
</header>
<text>
The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c).
</text>
</paragraph>
<paragraph id="H2D8D7D6378DF47989A8FA3F4B7DE2EF6">
<enum>
(8)
</enum>
<header>
Technology improvements
</header>
<text>
The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including in remote areas.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H7985A0CCD6CC4018849B506F69195559">
<enum>
(4)
</enum>
<text>
in subsection (e)—
</text>
<subparagraph id="H36EDE11E2EF74BC387D081EE2BB597C6">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
electronic means and
</quote>
after
<quote>
regular basis through
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H9DAFB00F72BA42FABC1FF0621D53625A">
<enum>
(B)
</enum>
<text>
by striking
<quote>
and the award of grants or contracts to eligible providers of youth activities,
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HA5AE57A582204752B3E06237157AC55D">
<enum>
(5)
</enum>
<text>
in subsection (f)—
</text>
<subparagraph id="HF428A45F2FDB4205B47FA869D9CF5AD0">
<enum>
(A)
</enum>
<text>
in paragraph (1)(A), by striking
<quote>
section 134(d)(4)
</quote>
and inserting
<quote>
section 134(c)(4)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H6489399B81C147429156CE1CAA86BB8E">
<enum>
(B)
</enum>
<text>
by striking paragraph (2) and inserting the following:
</text>
<quoted-block id="HD96FCEB236AD4DA194DBE2801EDB7C6C" style="OLC">
<paragraph id="H0D095A9474E548ABA8216F66BE8EBBA1">
<enum>
(2)
</enum>
<header>
Work ready services, designation, or certification as one-stop operators
</header>
<text>
A local board may provide work ready services described in section 134(c)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H129CF0317507424CA9774D28168379B1">
<enum>
(6)
</enum>
<text>
in subsection (g)(1), by inserting
<quote>
or participate in any action taken
</quote>
after
<quote>
vote
</quote>
; and
</text>
</paragraph>
<paragraph id="HFBE80C5C8FAD45798722AB246176030E">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
by striking subsections (h) and (i).
</text>
</paragraph>
</section>
<section id="H791E219CF8C241AD80D83BD4059BFD1E">
<enum>
107.
</enum>
<header>
Local plan
</header>
<text display-inline="no-display-inline">
Section 118 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2833">
29 U.S.C. 2833
</external-xref>
) is amended—
</text>
<paragraph id="H5D94483F7BA84E37B48BA4DB104285BC">
<enum>
(1)
</enum>
<text>
in subsection (a), by striking
<quote>
5-year
</quote>
and inserting
<quote>
3-year
</quote>
;
</text>
</paragraph>
<paragraph id="H50CA26D4CB0A418D803E9E418CDDF54A">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by amending subsection (b) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HBC102E7490EB4BCB96C092CB3B43EBA9" style="OLC">
<subsection id="H7DA951679DB34D78A325B8F44943FAF3">
<enum>
(b)
</enum>
<header>
Contents
</header>
<text display-inline="yes-display-inline">
The local plan shall include—
</text>
<paragraph id="HF4D3E77F60BE42EE976C7D24E4506969">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
a description of the analysis of the local area's economic and workforce conditions conducted under section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle;
</text>
</paragraph>
<paragraph id="H9C76B323D8D34EE8846D5BDDEE5A686E">
<enum>
(2)
</enum>
<text>
a description of the one-stop delivery system in the local area, including—
</text>
<subparagraph id="H88027E9F06284BFB9F25E16F653AED25">
<enum>
(A)
</enum>
<text>
a description of how the local board will ensure—
</text>
<clause id="H15BC8BABF84048DA86ECA7A0920D2684">
<enum>
(i)
</enum>
<text>
the continuous improvement of eligible providers of services through the system; and
</text>
</clause>
<clause id="HC8716ECF398D443689C54D7EB2FD0F1C">
<enum>
(ii)
</enum>
<text>
that such providers meet the employment needs of local businesses and participants; and
</text>
</clause>
</subparagraph>
<subparagraph id="HD465EB07E9C54D9A8C51698D6D03AAE2">
<enum>
(B)
</enum>
<text>
a description of how the local board will facilitate access to services provided through the one-stop delivery system consistent with section 117(d)(8);
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="HC6EDBACCED764866B819EB15FB40CE2E">
<enum>
(3)
</enum>
<text>
a description of the strategies and services that will be used in the local area—
</text>
<subparagraph id="H0D03BEBF2ED5447DACC3196F1F7A718D">
<enum>
(A)
</enum>
<text>
to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the local economy;
</text>
</subparagraph>
<subparagraph id="H6BF354B3D8F44CACB8A63E73B5C77E04">
<enum>
(B)
</enum>
<text>
to meet the needs of employers in the local area;
</text>
</subparagraph>
<subparagraph id="H31DC29EFA37D4447BAD83B28A2524F66">
<enum>
(C)
</enum>
<text>
to better coordinate workforce development programs with economic development activities; and
</text>
</subparagraph>
<subparagraph id="H62B96A4FB2444EBE98FCD13495EE245E">
<enum>
(D)
</enum>
<text>
to better coordinate workforce development programs with employment, training, and literacy services carried out by nonprofit organizations, including public libraries, as appropriate;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H8BECA651270C49D18BA00B60D11D903D">
<enum>
(4)
</enum>
<text>
a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster—
</text>
<subparagraph id="HC6D31EE5B9D74D38B3B93784CCF44BEE">
<enum>
(A)
</enum>
<text>
to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters;
</text>
</subparagraph>
<subparagraph id="HE26B98440FE5427B8CB31186EE5DF711">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the local economy; and
</text>
</subparagraph>
<subparagraph id="H6CF6557E03864D8C85696A867CE707C5">
<enum>
(C)
</enum>
<text>
to address critical skill gaps within and across industries;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H23A0D08DC902461DBD0C78AECAA0F05B">
<enum>
(5)
</enum>
<text>
a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(c)(4);
</text>
</paragraph>
<paragraph id="H5B6E3FBC8A4A4A65A75DB5E1BBE5EBE7">
<enum>
(6)
</enum>
<text>
a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide activities, as appropriate;
</text>
</paragraph>
<paragraph id="HAB6CF048B7BE4FB58747A7C230073085">
<enum>
(7)
</enum>
<text>
a description of how the local area will—
</text>
<subparagraph id="H3F04D8134C7E4BDEBC207633CF616837">
<enum>
(A)
</enum>
<text>
coordinate activities with the local area’s disability community and with services provided under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1414">
20 U.S.C. 1414(d)(1)(A)(i)(VIII)
</external-xref>
) by local educational agencies serving such local area to make available comprehensive, high-quality services to individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="HB24CF75154FC45FD9F5179DBFB35E1C8">
<enum>
(B)
</enum>
<text>
consistent with section 188 and Executive Order 13217 (
<external-xref legal-doc="usc" parsable-cite="usc/42/12131">
42 U.S.C. 12131
</external-xref>
note), serve the employment and training needs of individuals with disabilities; and
</text>
</subparagraph>
<subparagraph id="H05315FC1BA644D9DB7A56FA60486B5A7">
<enum>
(C)
</enum>
<text>
consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H5896DA2790224456BF98C7A416FC1F73">
<enum>
(8)
</enum>
<text>
a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be—
</text>
<subparagraph id="HBB13BAADFC814212BD59F541B3B212D6">
<enum>
(A)
</enum>
<text>
used to measure the performance of the local area; and
</text>
</subparagraph>
<subparagraph id="H6685D667B57A4A0D9477451F5EEC3B48">
<enum>
(B)
</enum>
<text>
used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H3D38A6FC8DB44C9DBF961014CFA72609">
<enum>
(9)
</enum>
<text>
a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan;
</text>
</paragraph>
<paragraph id="HBC0C15EBEA1243EFADE1DE517A235FE8">
<enum>
(10)
</enum>
<text display-inline="yes-display-inline">
a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as the Supplemental Nutrition Assistance Program), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled veterans and homeless veterans), and Native Americans;
</text>
</paragraph>
<paragraph id="H83A97120BDEE4977837BF29444B15914">
<enum>
(11)
</enum>
<text>
an identification of the entity responsible for the disbursal of grant funds described in subclause (III) of section 117(d)(4)(B)(i), as determined by the chief elected official or the Governor under such section;
</text>
</paragraph>
<paragraph id="HAA7E850BD2C74EC98639037920955550">
<enum>
(12)
</enum>
<text display-inline="yes-display-inline">
a description of the strategies and services that will be used in the local area to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including—
</text>
<subparagraph id="H92B466A327694C3689BD8CE5FBD7A08A">
<enum>
(A)
</enum>
<text>
training and internships in in-demand industries or occupations important to the local economy;
</text>
</subparagraph>
<subparagraph id="HA8BE1962D0E64AC3A90662ADE442B9F2">
<enum>
(B)
</enum>
<text>
dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and
</text>
</subparagraph>
<subparagraph id="H9FD80A294A2B4E9CA769BC57F05DE6EA">
<enum>
(C)
</enum>
<text>
activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H6AA3BDA8E17E41D5855D75EDDEEB8C36">
<enum>
(13)
</enum>
<text display-inline="yes-display-inline">
a description of—
</text>
<subparagraph id="H66A4B3F8559E4B8298FED285A916A635">
<enum>
(A)
</enum>
<text>
how the local area will furnish employment, training, supportive, and placement services to veterans, including disabled and homeless veterans;
</text>
</subparagraph>
<subparagraph id="H7D00658A08314EAD933B26C4D6406AED">
<enum>
(B)
</enum>
<text>
the strategies and services that will be used in the local area to assist and expedite reintegration of homeless veterans into the labor force; and
</text>
</subparagraph>
<subparagraph id="HEC769D810A0E4C9B9D2F7E663193C57C">
<enum>
(C)
</enum>
<text>
the veteran population to be served in the local area;
</text>
</subparagraph>
</paragraph>
<paragraph id="H8C01E5247EB84349A5E1133BD21C57FB">
<enum>
(14)
</enum>
<text>
a description of—
</text>
<subparagraph id="H2BB94A7C040945FA855062916378CD04">
<enum>
(A)
</enum>
<text>
the duties assigned to the veteran employment specialist consistent with the requirements of section 134(f);
</text>
</subparagraph>
<subparagraph id="H5BF48BC0089E45AEA3E19677622BB664">
<enum>
(B)
</enum>
<text>
the manner in which the veteran employment specialist is integrated into the One-Stop Career System described in section 121;
</text>
</subparagraph>
<subparagraph id="HBB329EAD8D9E4959BC4CBD902E54F2EC">
<enum>
(C)
</enum>
<text>
the date on which the veteran employment specialist was assigned; and
</text>
</subparagraph>
<subparagraph id="H4E2BA123C0914712B53FEE5D75283E0B">
<enum>
(D)
</enum>
<text>
whether the veteran employment specialist has satisfactorily competed such training by the National Veterans' Employment and Training Services Institute; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HEBA42C4EC9AF4E0988D75580822F2AB2">
<enum>
(15)
</enum>
<text>
such other information as the Governor may require.
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H411397B409E64620992D49A76B0F2186">
<enum>
(3)
</enum>
<text>
in subsection (c)(1), by striking
<quote>
such means
</quote>
and inserting
<quote>
electronic means such
</quote>
; and
</text>
</paragraph>
<paragraph id="H65032685E4044F03A4BA259FEA755F3C">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
in subsection (c)(2), by striking
<quote>
, including representatives of business and representatives of labor organizations,
</quote>
.
</text>
</paragraph>
</section>
<section id="H7902C033CE044F47A59C52FC4C218B68">
<enum>
108.
</enum>
<header>
Establishment of one-stop delivery system
</header>
<text display-inline="no-display-inline">
Section 121 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
) is amended—
</text>
<paragraph id="H5E587543FF824F058B7F506701898795">
<enum>
(1)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="HAD8C172AD33046C2979DDBA01617DA3A">
<enum>
(A)
</enum>
<text>
by striking subparagraph (A) of paragraph (1) and inserting the following:
</text>
<quoted-block id="HCFA9EBA9C14C46709F939A0B2AE664D2" style="OLC">
<subparagraph id="H3FF2F2E95122434F976376AF62C7CE67">
<enum>
(A)
</enum>
<header>
Roles and responsibilities of one-stop partners
</header>
<text>
Each entity that carries out a program or activities described in subparagraph (B) shall—
</text>
<clause id="H012BDC7B971344A5B512B8DE41E6DD29">
<enum>
(i)
</enum>
<text>
provide access through the one-stop delivery system to the program and activities carried out by the entity, including making the work ready services described in section 134(c)(2) that are applicable to the program of the entity available at one-stop centers (in addition to any other appropriate locations);
</text>
</clause>
<clause id="HDE25DFDDB7814949A83544D45D330BCD">
<enum>
(ii)
</enum>
<text>
use a portion of the funds available to the program of the entity to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h);
</text>
</clause>
<clause id="H170D164A70E741E5956C9C05D8630DF8">
<enum>
(iii)
</enum>
<text>
enter into a local memorandum of understanding with the local board relating to the operation of the one-stop delivery system that meets the requirements of subsection (c); and
</text>
</clause>
<clause id="H6F60309D534D4F1091FF6CD41663588C">
<enum>
(iv)
</enum>
<text>
participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the programs carried out by the entity.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H4776F7A8D2E14080B5F4D8E4F304E155">
<enum>
(B)
</enum>
<text>
in paragraph (1)(B)—
</text>
<clause id="H960E1F797FAB42BE8CC1B9FA8F2DEB43">
<enum>
(i)
</enum>
<text>
by striking clauses (ii), (v), and (vi);
</text>
</clause>
<clause id="HC6BE01ECF98D4C85BF8254FDF4EC2B91">
<enum>
(ii)
</enum>
<text>
by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively;
</text>
</clause>
<clause id="H846B888E45024760B813B90BFF07EBC2">
<enum>
(iii)
</enum>
<text>
by redesignating clauses (vii) through (xii) as clauses (iv) through (ix), respectively;
</text>
</clause>
<clause id="H975F2A6112064220A064A11CFEE6A6AB">
<enum>
(iv)
</enum>
<text>
in clause (viii), as so redesignated, by striking
<quote>
and
</quote>
at the end;
</text>
</clause>
<clause id="H38A8DCE6FC864247939D73A54808A66E">
<enum>
(v)
</enum>
<text>
in clause (ix), as so redesignated, by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</clause>
<clause id="HCE405BB1FB294890AB76DAE9F2F58635">
<enum>
(vi)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HE81A9090591A4071937E4B466EB1EE1B" style="OLC">
<clause id="H4A85A61F5A6344649A250DBA83469496">
<enum>
(x)
</enum>
<text>
subject to subparagraph (C), programs authorized under part A of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/601">
42 U.S.C. 601 et seq.
</external-xref>
).
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H0F1E66A37E9F42B897D0578CC45CC3D3">
<enum>
(C)
</enum>
<text>
by inserting after paragraph (1)(B) the following:
</text>
<quoted-block id="H75B0FC5F22B84C81B65DB15C914E2829" style="OLC">
<subparagraph commented="no" id="H8CDDF88CD70549C987853CB41343D47E">
<enum>
(C)
</enum>
<header>
Determination by the governor
</header>
<text display-inline="yes-display-inline">
Each entity carrying out a program described in subparagraph (B)(x) shall carry out the required partner activities described in subparagraph (A) unless the Governor of the State in which the local area is located provides the Secretary and Secretary of Health and Human Services written notice of a determination by the Governor that such entities shall not carry out such required partner activities.
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H84D0DD9DA9C94D43A167737C3254D0B5">
<enum>
(D)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="HEF65BC4B8DB8463DAF735A8615AD436B">
<enum>
(i)
</enum>
<text>
in subparagraph (A)(i), by striking
<quote>
section 134(d)(2)
</quote>
and inserting
<quote>
section 134(c)(2)
</quote>
; and
</text>
</clause>
<clause id="HC7D9449CBA334FB6B4D6E5177F2F1568">
<enum>
(ii)
</enum>
<text>
in subparagraph (B)—
</text>
<subclause id="H3F93DE6C630E4C499215D267B2BE2265">
<enum>
(I)
</enum>
<text>
by striking clauses (i), (ii), and (v);
</text>
</subclause>
<subclause id="H7B5BC33D20564E90A4D7D6461326E843">
<enum>
(II)
</enum>
<text>
in clause (iv), by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
<subclause id="HC3569610B2234066BF2BBD97A75F6C94">
<enum>
(III)
</enum>
<text>
by redesignating clauses (iii) and (iv) as clauses (i) and (ii), respectively; and
</text>
</subclause>
<subclause id="H841D7EB8C1C04FFFA0776693602011F2">
<enum>
(IV)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HC0CD524C81F34C639FF67CBFBA1C4FE0" style="OLC">
<clause id="H091F31025F554BE1B23BA59E260324FB">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
employment and training programs administered by the Commissioner of the Social Security Administration;
</text>
</clause>
<clause id="HA20F4860F0FB4C4F8DBE6ECB0FFDE495">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
employment and training programs carried out by the Administrator of the Small Business Administration;
</text>
</clause>
<clause id="HCB5F88E151194E6086EE04C6F6D437A1">
<enum>
(v)
</enum>
<text>
employment, training, and literacy services carried out by public libraries; and
</text>
</clause>
<clause id="H8DAF39CC28BB4BA7BC1914FDFADD8F71">
<enum>
(vi)
</enum>
<text>
other appropriate Federal, State, or local programs, including programs in the private sector.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H33499AD020904A3085D832CFBB3FDB34">
<enum>
(2)
</enum>
<text>
in subsection (c)(2), by amending subparagraph (A) to read as follows:
</text>
<quoted-block id="H868342B8895941E3ADEAE733CF21C4BA" style="OLC">
<subparagraph id="HB2521006E9C64AA09156289BBBFFE4C8">
<enum>
(A)
</enum>
<text>
provisions describing—
</text>
<clause id="H222B45098FC545A896DBBA85233AE1DB">
<enum>
(i)
</enum>
<text>
the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated through such system;
</text>
</clause>
<clause id="H08BC54ACC25B4A9899A23BB0344626D2">
<enum>
(ii)
</enum>
<text>
how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the infrastructure costs of one-stop centers in accordance with subsection (h);
</text>
</clause>
<clause id="HCE63557D01924074BAC5325EFEAA1D31">
<enum>
(iii)
</enum>
<text>
methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for nontraditional employment; and
</text>
</clause>
<clause id="H12FD08D8F8834265B6CA0D977B700872">
<enum>
(iv)
</enum>
<text>
the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H87ED3F59DC47432089AA0D9C4E1861BC">
<enum>
(3)
</enum>
<text>
in subsection (d)—
</text>
<subparagraph commented="no" id="HBE687A7500C0482EA303E4AEED0C8D5D">
<enum>
(A)
</enum>
<text>
in the heading for paragraph (1), by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Designation and certification
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
Local designation and certification
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="H36B4FD0CBF56463ABABF90B80CE77D65">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause commented="no" id="H425311C229AE48ECB65D366DE6602653">
<enum>
(i)
</enum>
<text>
by striking
<quote>
section 134(c)
</quote>
and inserting
<quote>
subsection (e)
</quote>
;
</text>
</clause>
<clause commented="no" id="HA64D544E3C0142F49713AECF3D937383">
<enum>
(ii)
</enum>
<text>
by amending subparagraph (A) to read as follows:
</text>
<quoted-block id="HC3F5A2B8252C43B2ABEF575D8B4E30F9" style="OLC">
<subparagraph commented="no" id="HB7E38380D1EE498A8EBD06AB9C76A684">
<enum>
(A)
</enum>
<text>
shall be designated or certified as a one-stop operator through a competitive process; and
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
<clause commented="no" id="H2332CE1490824343883AE9C2585E0CB7">
<enum>
(iii)
</enum>
<text>
in subparagraph (B), by striking clause (ii) and redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H04D7F032FCBE48629BC2CD3327E659D5">
<enum>
(C)
</enum>
<text>
in paragraph (3), by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and technical
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H9CC23989DFDA406999EF659A3F265388">
<enum>
(4)
</enum>
<text>
by amending subsection (e) to read as follows:
</text>
<quoted-block id="H93E41B3972D74E4EB054A1A39F73B31E" style="OLC">
<subsection id="H38BC22E1D0D44BB599A7658E4603849C">
<enum>
(e)
</enum>
<header>
Establishment of one-Stop delivery system
</header>
<paragraph id="HB8EDEC85EAFA44609595B0E3AD467210">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall—
</text>
<subparagraph id="H003286E4C94541CEA3C8BCD99FCA4925">
<enum>
(A)
</enum>
<text>
provide the work ready services described in section 134(c)(2);
</text>
</subparagraph>
<subparagraph id="HC5BB81DA821941CB9A256BA66F163DE2">
<enum>
(B)
</enum>
<text>
provide access to training services as described in section 134(c)(4), including serving as the point of access to career enhancement accounts for training services to participants in accordance with paragraph (4)(F) of such section;
</text>
</subparagraph>
<subparagraph id="HEC60AD1CCDC446D1AA2242B2AC3E4378">
<enum>
(C)
</enum>
<text>
provide access to the activities carried out under section 134(d), if any;
</text>
</subparagraph>
<subparagraph id="HDCC6EB651CDD4D79BCC86D35B17D2E79">
<enum>
(D)
</enum>
<text>
provide access to programs and activities carried out by one-stop partners that are described in subsection (b) of this section; and
</text>
</subparagraph>
<subparagraph id="H4D96CD581A124D2E8E0C8C3074860A94">
<enum>
(E)
</enum>
<text>
provide access to the information described in section 15(e) of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49l-2">
29 U.S.C. 49l–2(e)
</external-xref>
).
</text>
</subparagraph>
</paragraph>
<paragraph id="H33C2786521824B9A8C0671CEFCA5B572">
<enum>
(2)
</enum>
<header>
One-stop delivery
</header>
<text>
At a minimum, the one-stop delivery system—
</text>
<subparagraph id="H4D29CED950C9493FA8311A32BA18AFDA">
<enum>
(A)
</enum>
<text>
shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than one physical center in each local area of the State; and
</text>
</subparagraph>
<subparagraph id="H90E4720B847049659D3D21ECA37AA7AB">
<enum>
(B)
</enum>
<text>
may also make programs, services, and activities described in paragraph (1) available—
</text>
<clause id="H60ACEB58B8714BCAACA9F5C8F40F432A">
<enum>
(i)
</enum>
<text>
through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and
</text>
</clause>
<clause id="H14E5052D19CB41A786270DDD28502F23">
<enum>
(ii)
</enum>
<text>
through a network of eligible one-stop partners—
</text>
<subclause id="H4B37B0E30B2F464BA3551CE2EDC29520">
<enum>
(I)
</enum>
<text>
in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically- or technologically-linked access point; and
</text>
</subclause>
<subclause id="HADB647CE100140AF8FB06A4FE716D484">
<enum>
(II)
</enum>
<text>
that assures individuals that information on the availability of the work ready services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I).
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HD1375358C0834D26888F4443604FADB9">
<enum>
(3)
</enum>
<header>
Specialized centers
</header>
<text>
The centers and sites described in paragraph (2) may have a specialization in addressing special needs.
</text>
</paragraph>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H8C1263E294ED4DD287257CF69EE27408">
<enum>
(5)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H0125CAF21D1B4BCA8026E4683CB34E7C" style="OLC">
<subsection id="H68F500A1EF5B425F8E424D985BD02B6D">
<enum>
(g)
</enum>
<header>
Certification of one-Stop centers
</header>
<paragraph id="HF90CFECA0CA34F688FC32BCCC7087D3D">
<enum>
(1)
</enum>
<header>
In general
</header>
<subparagraph id="H9A1F3F3DC1C0474F81592A4BDBC49C79">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The State board shall establish objective procedures and criteria for certifying, at least once every 3 years, one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h).
</text>
</subparagraph>
<subparagraph id="H0E8E78484EBC43BD89FFA89EAF2BAE56">
<enum>
(B)
</enum>
<header>
Criteria
</header>
<text>
The criteria for certification under this subsection shall include—
</text>
<clause id="H372BF2763B5648E987581196CD0FEB00">
<enum>
(i)
</enum>
<text>
meeting all of the expected levels of performance for each of the core indicators of performance as outlined in the State plan under section 112;
</text>
</clause>
<clause id="HDBFFC272E818481E80CCF2EB1E831EE7">
<enum>
(ii)
</enum>
<text>
meeting minimum standards relating to the scope and degree of service integration achieved by the centers involving the programs provided by the one-stop partners; and
</text>
</clause>
<clause id="H3A45F6BD061F46219C59093A46E75289">
<enum>
(iii)
</enum>
<text>
meeting minimum standards relating to how the centers ensure that eligible providers meet the employment needs of local employers and participants.
</text>
</clause>
</subparagraph>
<subparagraph id="H8542F5BAD34E40499D25CAE63624E8CA">
<enum>
(C)
</enum>
<header>
Effect of certification
</header>
<text>
One-stop centers certified under this subsection shall be eligible to receive the infrastructure grants authorized under subsection (h).
</text>
</subparagraph>
</paragraph>
<paragraph id="HE737F6DAE0044FF6A2F9E753FCC746C1">
<enum>
(2)
</enum>
<header>
Local boards
</header>
<text>
Consistent with the criteria developed by the State, the local board may develop additional criteria of higher standards to respond to local labor market and demographic conditions and trends.
</text>
</paragraph>
</subsection>
<subsection id="H7AF90558DFB6433DA2146229B8AFD34E">
<enum>
(h)
</enum>
<header>
One-Stop infrastructure funding
</header>
<paragraph id="H8515210F6C16420D9DB3C1D1993E40FA">
<enum>
(1)
</enum>
<header>
Partner contributions
</header>
<subparagraph id="H95AD80D01D8646A7B4553C04791AD4D2">
<enum>
(A)
</enum>
<header>
Provision of funds
</header>
<text>
Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in (b)(2)(B) for a fiscal year shall be provided to the Governor by such programs to carry out this subsection.
</text>
</subparagraph>
<subparagraph id="H4685CEA3B7CA4FB58C1F958CCA0B2EC2">
<enum>
(B)
</enum>
<header>
Determination of governor
</header>
<clause id="H588755613B6D4D879DCC20296FF99B9B">
<enum>
(i)
</enum>
<header>
In general
</header>
<text>
Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers by each partner, the costs of administration for purposes not related to one-stop centers for each partner, and other relevant factors described in paragraph (3).
</text>
</clause>
<clause id="H102CE5ACA26148099798B89066B73E44">
<enum>
(ii)
</enum>
<header>
Special rule
</header>
<text>
In those States where the State constitution places policy-making authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title II of this Act and for postsecondary career education activities authorized under the Carl D. Perkins Career and Technical Education Act, the determination described in clause (i) with respect to such programs shall be made by the Governor with the appropriate entity or official with such independent policy-making authority.
</text>
</clause>
<clause id="H4DE51F549C3548DE873D019309D44D8F">
<enum>
(iii)
</enum>
<header>
Appeal by one-stop partners
</header>
<text>
The Governor shall establish a procedure for the one-stop partner administering a program described in subsection (b) to appeal a determination regarding the portion of funds to be contributed under this paragraph on the basis that such determination is inconsistent with the criteria described in the State plan or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal.
</text>
</clause>
</subparagraph>
<subparagraph id="H9ED3446A390140C8A080E993B40DF89A">
<enum>
(C)
</enum>
<header>
Limitations
</header>
<clause id="HB3317030D05347578D6F03E7AC86A868">
<enum>
(i)
</enum>
<header>
Provision from administrative funds
</header>
<text>
The funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the limitations with respect to the portion of funds under such programs that may be used for administration.
</text>
</clause>
<clause id="H66562B8AC03D4902B64F26283C79FA29">
<enum>
(ii)
</enum>
<header>
Federal direct spending programs
</header>
<text>
Programs that are Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (
<external-xref legal-doc="usc" parsable-cite="usc/2/900">
2 U.S.C. 900(c)(8)
</external-xref>
) shall not, for purposes of this paragraph, be required to provide an amount in excess of the amount determined to be equivalent to the proportionate use of the one-stop centers by such programs in the State.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H04373124698F487FA5AE95C508625019">
<enum>
(2)
</enum>
<header>
Allocation by governor
</header>
<text>
From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph (3) for the purposes of assisting in paying the costs of the infrastructure of one-stop centers certified under subsection (g).
</text>
</paragraph>
<paragraph id="HE65234630EDA4F4DB409BD74BB3CE19C">
<enum>
(3)
</enum>
<header>
Allocation formula
</header>
<text>
The State board shall develop a formula to be used by the Governor to allocate the funds described in paragraph (1). The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in the local area that have been certified, the population served by such centers, and the performance of such centers.
</text>
</paragraph>
<paragraph id="H85AB6FA16EA1442CAE327B1A20FBB1D3">
<enum>
(4)
</enum>
<header>
Costs of infrastructure
</header>
<text>
For purposes of this subsection, the term
<term>
costs of infrastructure
</term>
means the nonpersonnel costs that are necessary for the general operation of a one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, and equipment (including assistive technology for individuals with disabilities).
</text>
</paragraph>
</subsection>
<subsection id="H19120C9E7D3646A9A736D76FA54DD89F">
<enum>
(i)
</enum>
<header>
Other funds
</header>
<paragraph id="HA3126ABD496643FC8471FEA73CA77851">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
In addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), or the noncash resources available under such programs shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved including—
</text>
<subparagraph id="H570BF5E359064BC593C6AE3E696A2C7C">
<enum>
(A)
</enum>
<text>
infrastructure costs that are in excess of the funds provided under subsection (h);
</text>
</subparagraph>
<subparagraph id="H41B8FF396F944DB4BFF4215AD515E58D">
<enum>
(B)
</enum>
<text>
common costs that are in addition to the costs of infrastructure; and
</text>
</subparagraph>
<subparagraph id="H68A5B82418A44B698716C91DB3A2EAD7">
<enum>
(C)
</enum>
<text>
the costs of the provision of work ready services applicable to each program.
</text>
</subparagraph>
</paragraph>
<paragraph id="H77697C61682B4953B580CE29A2F34FA7">
<enum>
(2)
</enum>
<header>
Determination and guidance
</header>
<text>
The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph (1) shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide guidance to facilitate the determination of appropriate allocation of the funds and noncash resources in local areas.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H4A3B7744500146ADA4963B9F79C75F7E">
<enum>
109.
</enum>
<header>
Identification of eligible providers of training services
</header>
<text display-inline="no-display-inline">
Section 122 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2842">
29 U.S.C. 2842
</external-xref>
) is amended to read as follows:
</text>
<quoted-block id="HD3F236F616A44776BE29BD847F8662E6" style="OLC">
<section id="H7E2569C16B2947F4BEA00CDA72B6356A">
<enum>
122.
</enum>
<header>
Identification of eligible providers of training services
</header>
<subsection id="H9E1144438C834C7DA9CE4D2A2C857B9A">
<enum>
(a)
</enum>
<header>
Eligibility
</header>
<paragraph id="HA7A5CA3A9A1C48B28837144097E3B961">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Governor, after consultation with the State board, shall establish criteria and procedures regarding the eligibility of providers of training services described in section 134(c)(4) to receive funds provided under section 133(b) for the provision of such training services.
</text>
</paragraph>
<paragraph id="H7FAD849A97E04A12AADB210DEDA9E59F">
<enum>
(2)
</enum>
<header>
Providers
</header>
<text>
Subject to the provisions of this section, to be eligible to receive the funds provided under section 133(b) for the provision of training services, the provider shall be—
</text>
<subparagraph id="H81BC9AEF67F24611AF2FBB9A88511F1B">
<enum>
(A)
</enum>
<text>
a postsecondary educational institution that—
</text>
<clause id="HD21DC0E1E16943B9AC64CB594085B306">
<enum>
(i)
</enum>
<text>
is eligible to receive Federal funds under title IV of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1070">
20 U.S.C. 1070 et seq.
</external-xref>
); and
</text>
</clause>
<clause id="HD83BB32E26CD47FEA3ADB723B54288D7">
<enum>
(ii)
</enum>
<text>
provides a program that leads to a recognized postsecondary credential;
</text>
</clause>
</subparagraph>
<subparagraph id="H278CF0895C3147CA817A0E98E188D178">
<enum>
(B)
</enum>
<text>
an entity that carries out programs under the Act of August 16, 1937 (commonly known as the
<quote>
National Apprenticeship Act
</quote>
; 50 Stat. 664, chapter 663;
<external-xref legal-doc="usc" parsable-cite="usc/29/50">
29 U.S.C. 50 et seq.
</external-xref>
); or
</text>
</subparagraph>
<subparagraph id="HCCE490ABE68046CEBD3B3845416D774A">
<enum>
(C)
</enum>
<text>
another public or private provider of a program of training services.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA65AFAB468EC4805A118112E3035F971">
<enum>
(3)
</enum>
<header>
Inclusion in list of eligible providers
</header>
<text>
A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be included on the list of eligible providers of training services described in subsection (d) for so long as the provider remains certified by the Secretary of Labor to carry out the programs described in paragraph (2)(B).
</text>
</paragraph>
</subsection>
<subsection id="HF1B19C2B7341474DAF0895F039DED3CE">
<enum>
(b)
</enum>
<header>
Criteria
</header>
<paragraph id="HD053E0B71FEC4D5E89517F11E075F3C0">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The criteria established pursuant to subsection (a) shall take into account—
</text>
<subparagraph id="H293C8E95255A45F5B9523995903A64F3">
<enum>
(A)
</enum>
<text>
the performance of providers of training services with respect to the performance measures described in section 136 and other matters for which information is required under paragraph (2) and other appropriate measures of performance outcomes for those participants receiving training services under this subtitle;
</text>
</subparagraph>
<subparagraph id="H7C8A5A56AAD74040AEDD49EF9E025BB1">
<enum>
(B)
</enum>
<text>
whether the training programs of such providers relate to occupations that are in demand;
</text>
</subparagraph>
<subparagraph id="H5E5BE0338C004AC5AA0CCCF4F16598A3">
<enum>
(C)
</enum>
<text>
the need to ensure access to training services throughout the State, including in rural areas;
</text>
</subparagraph>
<subparagraph id="HCC998ACB3F4C4E85838F35E4F63BA046">
<enum>
(D)
</enum>
<text>
the ability of providers to offer programs that lead to a recognized postsecondary credential;
</text>
</subparagraph>
<subparagraph id="HF1DD1D1014E1425BB30BD33035BDFCDC">
<enum>
(E)
</enum>
<text>
the information such providers are required to report to State agencies with respect to other Federal and State programs (other than the program carried out under this subtitle), including one-stop partner programs; and
</text>
</subparagraph>
<subparagraph id="HDD3D013C00764CADA685DED1245AF85B">
<enum>
(F)
</enum>
<text>
such other factors as the Governor determines are appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="H8F32F6FC4149462AA184F19DFA9047DA">
<enum>
(2)
</enum>
<header>
Information
</header>
<text>
The criteria established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State for purposes of carrying out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including—
</text>
<subparagraph id="H4F844B680B7C45578EC7CD1AA6FB275A">
<enum>
(A)
</enum>
<text>
information on recognized postsecondary credentials received by such participants;
</text>
</subparagraph>
<subparagraph id="HD72227DB6FAE4314891734A66FC196D1">
<enum>
(B)
</enum>
<text>
information on costs of attendance for such participants;
</text>
</subparagraph>
<subparagraph id="HF95F2E0170E04D7DBDAD1A1D09ADB22F">
<enum>
(C)
</enum>
<text>
information on the program completion rate for such participants; and
</text>
</subparagraph>
<subparagraph id="H940FD3ADB91F496CA6C3563CFB3F589C">
<enum>
(D)
</enum>
<text>
information on the performance of the provider with respect to the performance measures described in section 136 for such participants.
</text>
</subparagraph>
</paragraph>
<paragraph id="H6422516247D54467AB92801AE55ADD99">
<enum>
(3)
</enum>
<header>
Renewal
</header>
<text>
The criteria established by the Governor shall also provide for a review every 3 years and renewal of eligibility under this section for providers of training services.
</text>
</paragraph>
<paragraph id="H88A875CA396341D08D3E1C868933B6D0">
<enum>
(4)
</enum>
<header>
Local criteria
</header>
<text>
A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required under the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) to provide the services in the local area involved.
</text>
</paragraph>
<paragraph id="H642DD5C33FF545D5948711267A8AACE2">
<enum>
(5)
</enum>
<header>
Limitation
</header>
<text>
In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or eligible student in compliance with section 444 of the General Education Provisions Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1232g">
20 U.S.C. 1232g
</external-xref>
).
</text>
</paragraph>
</subsection>
<subsection id="HE54F8287C74F4E4FA9DBC7C39028056C">
<enum>
(c)
</enum>
<header>
Procedures
</header>
<text>
The procedures established under subsection (a) shall—
</text>
<paragraph id="H34ECFDACCC1944BCB117772A06B3FBCE">
<enum>
(1)
</enum>
<text>
identify—
</text>
<subparagraph id="H27A1B849A264467BB81308EFE833B6A6">
<enum>
(A)
</enum>
<text>
the application process for a provider of training services to become eligible to receive funds under section 133(b) for the provision of training services; and
</text>
</subparagraph>
<subparagraph id="H10F6685BBFCD45AB9D88F14A7DBC18BC">
<enum>
(B)
</enum>
<text>
the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria established under this section; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H45DDE5A0D29B409CB8DDD6601816E439">
<enum>
(2)
</enum>
<text>
establish a process for a provider of training services to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal.
</text>
</paragraph>
</subsection>
<subsection id="HE7CB2E0E6C9E41F180DE07A375541FED">
<enum>
(d)
</enum>
<header>
Information To assist participants in choosing providers
</header>
<text>
In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list or lists of providers determined eligible under this section in the State, including information provided under subsection (b)(2) with respect to such providers, is provided to the local boards in the State and is made available to such participants and to members of the public through the one-stop delivery system in the State.
</text>
</subsection>
<subsection id="H2280B1D349B6444487BE1C0E46136CBB">
<enum>
(e)
</enum>
<header>
Enforcement
</header>
<paragraph id="H632AF794808847A8B3AB9A9434EA0212">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The criteria and procedures established under this section shall provide the following:
</text>
<subparagraph id="H441E77051F57409CAF8449C0DC942727">
<enum>
(A)
</enum>
<header>
Intentionally supplying inaccurate information
</header>
<text>
Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services, or individual providing information on behalf of the provider, intentionally supplied inaccurate information under this section, the eligibility of such provider to receive funds under chapter 5 shall be terminated for a period of time that is not less than 2 years.
</text>
</subparagraph>
<subparagraph id="H72B1259AEF1546EAA492CDA3E70126BD">
<enum>
(B)
</enum>
<header>
Substantial violations
</header>
<text>
Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services substantially violated any requirement under this title, the eligibility of such provider to receive funds under the program involved shall be terminated for a period of time that is not less than 10 years.
</text>
</subparagraph>
<subparagraph id="HDD7442505505444892CC8F7D0E474FEB">
<enum>
(C)
</enum>
<header>
Repayment
</header>
<text>
A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 during a period of noncompliance described in such subparagraph.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5BCE30FDBD2D47ABB654C11DF4EE8398">
<enum>
(2)
</enum>
<header>
Construction
</header>
<text>
Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties.
</text>
</paragraph>
</subsection>
<subsection id="H7AD20EAD2DF34DA08032ECE383207C51">
<enum>
(f)
</enum>
<header>
Agreements with other states
</header>
<text>
States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept career enhancement accounts provided in another State.
</text>
</subsection>
<subsection id="HE5FBA189449E41C1B2DA3B6C62BA583D">
<enum>
(g)
</enum>
<header>
Recommendations
</header>
<text>
In developing the criteria, procedures, and information required under this section, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State.
</text>
</subsection>
<subsection id="H41EFB3DD215E4C138D1F2085E3A1CC2E">
<enum>
(h)
</enum>
<header>
Opportunity To submit comments
</header>
<text>
During the development of the criteria, procedures, requirements for information, and the list of eligible providers required under this section, the Governor shall provide an opportunity for interested members of the public to submit comments regarding such criteria, procedures, and information.
</text>
</subsection>
<subsection id="HF586506DFDE8470589B0BB60843C5AB9">
<enum>
(i)
</enum>
<header>
On-the-Job training or customized training exception
</header>
<paragraph id="H587F056F476A459186B74579CE09D6A6">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (d).
</text>
</paragraph>
<paragraph id="H5E5B98EDE0B347528CDBDF1D0BA0136D">
<enum>
(2)
</enum>
<header>
Collection and dissemination of information
</header>
<text>
A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H073F860947A84835BFEC22BA638A2ED8">
<enum>
110.
</enum>
<header>
General authorization
</header>
<text display-inline="no-display-inline">
Chapter 5 of subtitle B of title I is amended—
</text>
<paragraph id="H673CB64AA5904F3E9259B3ED44A9A0B2">
<enum>
(1)
</enum>
<text>
by striking the heading for chapter 5 and inserting the following:
<quote>
<header-in-text level="chapter" style="OLC">
Employment and training activities
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="H07DF99321AAB478B828D6FDFF8CE77FD">
<enum>
(2)
</enum>
<text>
in section 131 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2861">
29 U.S.C. 2861
</external-xref>
)—
</text>
<subparagraph id="HF7C593D0C68846AEA290063A2EE8D559">
<enum>
(A)
</enum>
<text>
by striking
<quote>
paragraphs (1)(B) and (2)(B) of
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HC6E214B300434542948E179D177D3BC5">
<enum>
(B)
</enum>
<text>
by striking
<quote>
adults, and dislocated workers,
</quote>
and inserting
<quote>
individuals
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="HE3CC35E37D5A498A94096B4F8DA8F320">
<enum>
111.
</enum>
<header>
State allotments
</header>
<text display-inline="no-display-inline">
Section 132 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2862">
29 U.S.C. 2862
</external-xref>
) is amended—
</text>
<paragraph id="HE6CC83BE59A2406E95260439F6066561">
<enum>
(1)
</enum>
<text>
by amending subsection (a) to read as follows:
</text>
<quoted-block id="H03C83A49576B407A82B102498685ADF2" style="OLC">
<subsection id="H5B758A487BAB43A9BFB1503AB7956F02">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
The Secretary shall—
</text>
<paragraph id="HC9BA93BA5DC94E76814FA26685102C68">
<enum>
(1)
</enum>
<text>
reserve ½ of 1 percent of the total amount appropriated under section 137 for a fiscal year, of which—
</text>
<subparagraph id="HD9C5C12D3F674B578BBE628B5E74D777">
<enum>
(A)
</enum>
<text>
50 percent shall be used to provide technical assistance under section 170; and
</text>
</subparagraph>
<subparagraph id="H5F4828E7F2B1470998B34F4E515C5685">
<enum>
(B)
</enum>
<text>
50 percent shall be used for evaluations under section 172;
</text>
</subparagraph>
</paragraph>
<paragraph id="H01742DE9E3EB41B59B78C89002A81D77">
<enum>
(2)
</enum>
<text>
reserve not more than 1 percent of the total amount appropriated under section 137 for a fiscal year to make grants to, and enter into contracts or cooperative agreements with Indian tribes, tribal organizations, Alaska-Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out employment and training activities;
</text>
</paragraph>
<paragraph id="H38ABEA96A8D94DE9A367C1CB246A695F">
<enum>
(3)
</enum>
<text>
reserve not more than 25 percent of the total amount appropriated under section 137 for a fiscal year to carry out the Jobs Corps program under subtitle C;
</text>
</paragraph>
<paragraph id="HD12C9A2DA0C54D7492E61F1E78CC53B2">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
reserve not more than 3.5 percent of the total amount appropriated under section 137 for a fiscal year to—
</text>
<subparagraph id="HE10368ED38744EB3BA041427E601B612">
<enum>
(A)
</enum>
<text>
make grants to State or local boards to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; and
</text>
</subparagraph>
<subparagraph id="H4FA4701B3C7240A992B491D295DEEB5A">
<enum>
(B)
</enum>
<text>
provide assistance to Governors of States with an area that has suffered an emergency or a major disaster (as such terms are defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/5122">
42 U.S.C. 5122
</external-xref>
)) to provide disaster relief employment in the area.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD1D5D198392F4A4DA3C742451F6EDC34">
<enum>
(5)
</enum>
<text>
from the remaining amount appropriated under section 137 for a fiscal year (after reserving funds under paragraphs (1) through (4)), make allotments in accordance with subsection (b) of this section.
</text>
</paragraph>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H0C11EE1165E24A0188464FFA660E4165">
<enum>
(2)
</enum>
<text>
by amending subsection (b) to read as follows:
</text>
<quoted-block id="H48677A2751D7411BA05560AAF607CD7D" style="OLC">
<subsection id="HBA0A24B9860E48629AD2B1BCD1C07FB4">
<enum>
(b)
</enum>
<header>
Workforce investment fund
</header>
<paragraph id="H1958EB72E86B45AD9649B48BABC5B02C">
<enum>
(1)
</enum>
<header>
Reservation for outlying areas
</header>
<subparagraph id="HEAB50B38F1DE4BB6AC93A134C1E20483">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
From the amount made available under subsection (a)(5) for a fiscal year, the Secretary shall reserve not more than
<fraction>
1/4
</fraction>
of 1 percent to provide assistance to the outlying areas.
</text>
</subparagraph>
<subparagraph id="H115D01B2AA374B1888B614B38CAFFCE6">
<enum>
(B)
</enum>
<header>
Restriction
</header>
<text display-inline="yes-display-inline">
The Republic of Palau shall cease to be eligible to receive funding under this subparagraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 (
<external-xref legal-doc="public-law" parsable-cite="pl/99/658">
Public Law 99–658
</external-xref>
)) after the date of enactment of the SKILLS Act.
</text>
</subparagraph>
</paragraph>
<paragraph id="HC0380D19C7A142F0A98892696FE2B3A7">
<enum>
(2)
</enum>
<header>
States
</header>
<subparagraph id="H06E800A89FF342D2AD7DB0CF31E5450E">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
After determining the amount to be reserved under paragraph (1), the Secretary shall allot the remainder of the amount referred to in subsection (a)(5) for a fiscal year to the States pursuant to
<internal-xref idref="H8B0EC9408FC0447B96A0D2BEE12D46F0" legis-path="q:H48677A2751D7411BA05560AAF607CD7D:(b)(2)(B)">
subparagraph (B)
</internal-xref>
for employment and training activities and statewide workforce investment activities.
</text>
</subparagraph>
<subparagraph id="H8B0EC9408FC0447B96A0D2BEE12D46F0">
<enum>
(B)
</enum>
<header>
Formula
</header>
<text>
Subject to
<internal-xref idref="H9B289A4A07084CDAB95C6BE8F8420449" legis-path="q:H48677A2751D7411BA05560AAF607CD7D:(b)(2)(C)">
subparagraphs (C)
</internal-xref>
and
<internal-xref idref="H76FB0FA7FB9E46C6AFD6F781A241C721" legis-path="q:H48677A2751D7411BA05560AAF607CD7D:(b)(2)(D)">
(D)
</internal-xref>
, of the remainder—
</text>
<clause id="H7E85D366D2A640D3B15DC37AB424A7A8">
<enum>
(i)
</enum>
<text>
25 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States;
</text>
</clause>
<clause id="HD0D08FF290CD475F86B6E8B98B066E73">
<enum>
(ii)
</enum>
<text>
25 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States;
</text>
</clause>
<clause id="HE1586C6372424450940C0DD522D8AD7D">
<enum>
(iii)
</enum>
<text>
25 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more; and
</text>
</clause>
<clause id="H50F779FAB2FA45EA9C581D69C94F593D">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
25 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H9B289A4A07084CDAB95C6BE8F8420449">
<enum>
(C)
</enum>
<header>
Minimum and maximum percentages
</header>
<clause commented="no" id="H93D19595725C4F59943F1F65B3DD9388">
<enum>
(i)
</enum>
<header>
Minimum percentage
</header>
<text>
The Secretary shall ensure that no State shall receive an allotment under this paragraph for—
</text>
<subclause commented="no" id="HD3B3B41C31E449EE88936E50F7ED41E9">
<enum>
(I)
</enum>
<text>
each of fiscal years 2014 through 2016, that is less than 100 percent of the allotment percentage of the State for fiscal year 2012; and
</text>
</subclause>
<subclause commented="no" id="H43D080A96E964D6F80E3C99B820F55CD">
<enum>
(II)
</enum>
<text>
fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year.
</text>
</subclause>
</clause>
<clause commented="no" id="H26D52F3E6182491DA01AB5A313971C15">
<enum>
(ii)
</enum>
<header>
Maximum percentage
</header>
<text>
Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment under this paragraph for—
</text>
<subclause id="HAA1C877F984B46A4A892B51943CE8B1D">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
each of fiscal years 2014 through 2016, that is more than 130 percent of the allotment percentage of the State for fiscal year 2012; and
</text>
</subclause>
<subclause id="H1873151FDDDE4CF5B969D121109C1413">
<enum>
(II)
</enum>
<text>
fiscal year 2017 and each succeeding fiscal year, that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H76FB0FA7FB9E46C6AFD6F781A241C721">
<enum>
(D)
</enum>
<header>
Small state minimum allotment
</header>
<text>
Subject to
<internal-xref idref="H9B289A4A07084CDAB95C6BE8F8420449" legis-path="q:H48677A2751D7411BA05560AAF607CD7D:(b)(2)(C)">
subparagraph (C)
</internal-xref>
, the Secretary shall ensure that no State shall receive an allotment under this paragraph for a fiscal year that is less than
<fraction>
1/5
</fraction>
of 1 percent of the remainder described in
<internal-xref idref="H06E800A89FF342D2AD7DB0CF31E5450E" legis-path="q:H48677A2751D7411BA05560AAF607CD7D:(b)(2)(A)">
subparagraph (A)
</internal-xref>
for the fiscal year.
</text>
</subparagraph>
<subparagraph id="HB5BE57702043400E848ADD805BFA037F">
<enum>
(E)
</enum>
<header>
Definitions
</header>
<text>
For the purpose of the formula specified in this paragraph:
</text>
<clause commented="no" id="H1B2ECC6C4D9F458CAEE16663500EC3AD">
<enum>
(i)
</enum>
<header>
Allotment percentage
</header>
<text display-inline="yes-display-inline">
The term
<term>
allotment percentage
</term>
—
</text>
<subclause commented="no" id="H735C16B95D40477C8F0EA817DA5E04AD">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
used with respect to fiscal year 2012, means the percentage of the amounts allotted to States under title I of this Act, title V of the Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056">
42 U.S.C. 3056 et seq.
</external-xref>
), the Women in Apprenticeship and Nontraditional Occupations Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2501">
29 U.S.C. 2501 et seq.
</external-xref>
), sections
<external-xref legal-doc="usc" parsable-cite="usc/38/4103A">
4103A
</external-xref>
and
<external-xref legal-doc="usc" parsable-cite="usc/38/4104">
4104
</external-xref>
of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the State involved for fiscal year 2012; and
</text>
</subclause>
<subclause commented="no" id="HFBEFEB0486A34468A18BED333684D150">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allotted to States under this paragraph for the fiscal year that is received under this paragraph by the State involved for the fiscal year.
</text>
</subclause>
</clause>
<clause commented="no" id="H4B50781C2FFF43BCBD9D0006EBB4360A">
<enum>
(ii)
</enum>
<header>
Disadvantaged youth
</header>
<text display-inline="yes-display-inline">
The term
<term>
disadvantaged youth
</term>
means an individual who is not less than age 16 and not more than age 24 who receives an income, or is a member of a family that received a total family income, that in relation to family size, does not exceed the higher of—
</text>
<subclause id="H7E320D8DB1F748119C6EE232401DC2F1">
<enum>
(I)
</enum>
<text>
the poverty line; or
</text>
</subclause>
<subclause id="HFDD3B3143E074CC19C6F3C84B7A53006">
<enum>
(II)
</enum>
<text>
70 percent of the lower living standard income level.
</text>
</subclause>
</clause>
<clause id="H5F6DCB4E1E0F48138B41982DF87C856F">
<enum>
(iii)
</enum>
<header>
Individual
</header>
<text>
The term
<term>
individual
</term>
means an individual who is age 16 or older.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H4E5D62AEFC5642708AB78AE9F9F52AE4">
<enum>
112.
</enum>
<header>
Within State allocations
</header>
<text display-inline="no-display-inline">
Section 133 is amended—
</text>
<paragraph id="H60504B100B244763815E5ED98D0153B5">
<enum>
(1)
</enum>
<text>
by amending subsection (a) to read as follows:
</text>
<quoted-block id="HF92D95A355E249B49DE91E218D6E32F5" style="OLC">
<subsection id="HEA37ED104285449ABFBD5AE0DD792850">
<enum>
(a)
</enum>
<header>
Reservations for Statewide workforce investment activities
</header>
<paragraph id="H939E50D0EE624B5DBC2D1C8FF134D160">
<enum>
(1)
</enum>
<header>
Statewide employment and training activities
</header>
<text>
The Governor of a State shall reserve up to 15 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out the statewide activities described in section 134(a).
</text>
</paragraph>
<paragraph id="H93B0D45924DF479BB3A2F926681E3910">
<enum>
(2)
</enum>
<header>
Statewide rapid response activities
</header>
<text>
Of the amount reserved under
<internal-xref idref="H939E50D0EE624B5DBC2D1C8FF134D160" legis-path="q:HF92D95A355E249B49DE91E218D6E32F5:(a)(1)">
paragraph (1)
</internal-xref>
for a fiscal year, the Governor of the State shall reserve not more than 25 percent for statewide rapid response activities described in section 134(a)(4).
</text>
</paragraph>
<paragraph id="HCA9EFA0002234B3AB7AB4170E18A7A80">
<enum>
(3)
</enum>
<header>
Statewide grants for individuals with barriers to employment
</header>
<text display-inline="yes-display-inline">
Of the amount reserved under paragraph (1) for a fiscal year, the Governor of a State shall reserve 15 percent to carry out statewide activities described in section 134(a)(5).
</text>
</paragraph>
<paragraph id="HFDCD050C64D0456FB6985E14447E5CAE">
<enum>
(4)
</enum>
<header>
State administrative cost limit
</header>
<text display-inline="yes-display-inline">
Not more than 5 percent of the funds reserved under paragraph (1) may be used by the Governor of a State for administrative costs of carrying out the statewide activities described in section 134(a).
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H673F86EEE8F74A11BEB192B44713CA38">
<enum>
(2)
</enum>
<text>
by amending subsection (b) to read as follows:
</text>
<quoted-block id="H3F838A11CC104AB38F945D78ACF4FEB0" style="OLC">
<subsection id="H8437A667875E4A4CACD8E56DEF9730DB">
<enum>
(b)
</enum>
<header>
Within state allocation
</header>
<paragraph id="H086B9686C9F842D5B02B6335F28A4220">
<enum>
(1)
</enum>
<header>
Methods
</header>
<text>
The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas, shall—
</text>
<subparagraph id="H6CE2636BB6D04780A8D87B1ABAF75541">
<enum>
(A)
</enum>
<text>
allocate the funds that are allotted to the State for employment and training activities and not reserved under subsection (a), in accordance with paragraph (2)(A); and
</text>
</subparagraph>
<subparagraph id="H506CB66116794B7CB654E1981868530F">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
award the funds that are reserved by the State under subsection (a)(3) through competitive grants to eligible entities, in accordance with section 134(a)(1)(C).
</text>
</subparagraph>
</paragraph>
<paragraph id="HDBF9F4A5C4C6474AB77B7BE7A93299E1">
<enum>
(2)
</enum>
<header>
Formula allocations for the workforce investment fund
</header>
<subparagraph id="HE9BA27868E07462B80A9BB4DA9B25F50">
<enum>
(A)
</enum>
<header>
Allocation
</header>
<text>
In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate—
</text>
<clause id="H151B6B8BA4D448ECBA118489C5322075">
<enum>
(i)
</enum>
<text>
25 percent on the basis described in section 132(b)(2)(B)(i);
</text>
</clause>
<clause id="HD6C8054213BE480683A5252877B70F0F">
<enum>
(ii)
</enum>
<text>
25 percent on the basis described in section 132(b)(2)(B)(ii);
</text>
</clause>
<clause id="HB297FA28956F44929A77D7984D132C28">
<enum>
(iii)
</enum>
<text>
25 percent on the basis described in section 132(b)(2)(B)(iii); and
</text>
</clause>
<clause id="H2655963258504BB2BB0BA53DE144F3E0">
<enum>
(iv)
</enum>
<text>
25 percent on the basis described in section 132(b)(2)(B)(iv).
</text>
</clause>
</subparagraph>
<subparagraph id="HC77B8E5BBAD14EDF9321A682E02635FA">
<enum>
(B)
</enum>
<header>
Minimum and maximum percentages
</header>
<clause id="H4CDCCB0A07D34707B0E99EB00577CE9A">
<enum>
(i)
</enum>
<header>
Minimum percentage
</header>
<text>
The State shall ensure that no local area shall receive an allocation under this paragraph for—
</text>
<subclause id="H2048ED9AEAA646EE887D613BD0AE4F1C">
<enum>
(I)
</enum>
<text>
each of fiscal years 2014 through 2016, that is less than 100 percent of the allocation percentage of the local area for fiscal year 2012; and
</text>
</subclause>
<subclause id="H0F87CA858BF7436EAAE7D83359E077DE">
<enum>
(II)
</enum>
<text>
fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allocation percentage of the local area for the preceding fiscal year.
</text>
</subclause>
</clause>
<clause id="H11EB61274C644E4BAB8FCEF9D06FB2A0">
<enum>
(ii)
</enum>
<header>
Maximum percentage
</header>
<text>
Subject to
<internal-xref idref="H4CDCCB0A07D34707B0E99EB00577CE9A" legis-path="q:H3F838A11CC104AB38F945D78ACF4FEB0:(b)(2)(B)(i)">
clause (i)
</internal-xref>
, the State shall ensure that no local area shall receive an allocation for a fiscal year under this paragraph for—
</text>
<subclause id="H803D4528A0F24C69AEEE4205269E9FEC">
<enum>
(I)
</enum>
<text>
each of fiscal years 2014 through 2016, that is more than 130 percent of the allocation percentage of the local area for fiscal year 2012; and
</text>
</subclause>
<subclause id="HA540ADE3E17B41808F19594EB6CB0F3C">
<enum>
(II)
</enum>
<text>
fiscal year 2017 and each succeeding fiscal year, that is more than 130 percentage of the allocation percentage of the local area for the preceding fiscal year.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph commented="no" id="H70495515A4A34003BF72A3BB73755BB8">
<enum>
(C)
</enum>
<header>
Definitions
</header>
<text>
For the purpose of the formula specified in this paragraph, the term
<term>
allocation percentage
</term>
—
</text>
<clause commented="no" id="H01A6583E54A5471181919BED530DEFFC">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
used with respect to fiscal year 2012, means the percentage of the amounts allocated to local areas under title I of this Act, title V of the Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056">
42 U.S.C. 3056 et seq.
</external-xref>
), the Women in Apprenticeship and Nontraditional Occupations Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2501">
29 U.S.C. 2501 et seq.
</external-xref>
), sections
<external-xref legal-doc="usc" parsable-cite="usc/38/4103A">
4103A
</external-xref>
and
<external-xref legal-doc="usc" parsable-cite="usc/38/4104">
4104
</external-xref>
of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the local area involved for fiscal year 2012; and
</text>
</clause>
<clause commented="no" id="H58DFBDC7222F4801902E21535664EDFA">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allocated to local areas for the fiscal year under this paragraph that is received under this paragraph by the local area involved for the fiscal year.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H87DF0FA709C5435F868F4C8A905E4A0E">
<enum>
(3)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="H54DC0AB2C860438EABAB797256AC6BDF">
<enum>
(A)
</enum>
<text>
by amending paragraph (1) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HA48838B19E94409FB8DD8DCB20CB2828" style="OLC">
<paragraph id="H67C0D8659722426289FF7FF3F0D51234">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
The Governor, may in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HA0DF8ECD99BB4C4989318EBE3C14AFF7">
<enum>
(B)
</enum>
<text>
in paragraph (2), by striking
<quote>
paragraph (2)(A) or (3) of subsection (b) for such activities
</quote>
and inserting
<quote>
subsection (b) for such activities
</quote>
;
</text>
</subparagraph>
<subparagraph id="H60CF1AE5EBB048DEB091736F5B932A48">
<enum>
(C)
</enum>
<text>
by amending paragraph (3) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HA0E11D865612436E923B95AD7D784D1A" style="OLC">
<paragraph id="H989C529846B34E77AAD1B50EF1ABC34B">
<enum>
(3)
</enum>
<header>
Reallocations
</header>
<text display-inline="yes-display-inline">
In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(2) for such activities for such prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(2) for such activities for such prior program year.
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H9245048F0D804FC8AC15B3CD369CC858">
<enum>
(D)
</enum>
<text>
in paragraph (4), by striking
<quote>
paragraph (2)(A) or (3) of
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HDEB18CE58E1D4D0493C66A5F7FA250BD">
<enum>
(4)
</enum>
<text>
by adding at the end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="HB58FADF537B94D84A2D35406C212CBD5" style="OLC">
<subsection id="HC2ADEF53E33B4BF7A2A50811776C6FD4">
<enum>
(d)
</enum>
<header>
Local administrative cost limit
</header>
<text display-inline="yes-display-inline">
Of the amounts allocated to a local area under this section for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities in the local area under this chapter.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H2BFFE588B2284AE980BF8BA89866B341">
<enum>
113.
</enum>
<header>
Use of funds for employment and training activities
</header>
<text display-inline="no-display-inline">
Section 134 is amended—
</text>
<paragraph id="H011CAE6E37964970AAF552A03AB92B71">
<enum>
(1)
</enum>
<text>
by amending subsection (a) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H7D202F79D3E0498D878E1A0CDCB99680" style="OLC">
<subsection id="HCD9D2962D6C94C529DEA85CD01EC2919">
<enum>
(a)
</enum>
<header>
Statewide Employment and Training Activities
</header>
<paragraph id="H463CB6E10FE34BFF88FEB20B497252B3">
<enum>
(1)
</enum>
<header>
In general
</header>
<subparagraph id="H8D0FB30BEA1247FCA6B1A85F0CD4FA65">
<enum>
(A)
</enum>
<header>
Distribution of statewide activities
</header>
<text>
Funds reserved by a Governor for a State as described in section 133(a)(1)—
</text>
<clause id="H1C2AC3FB5B254F4EA86FB22442FFBA8E">
<enum>
(i)
</enum>
<text>
shall be used to carry out the statewide employment and training activities described in paragraph (2); and
</text>
</clause>
<clause id="H31B1EF80BB004BF4BF362A749993938F">
<enum>
(ii)
</enum>
<text>
may be used to carry out any of the statewide employment and training activities described in paragraph (3).
</text>
</clause>
</subparagraph>
<subparagraph id="H0634888388A546D4A2939D6DF92B06B8">
<enum>
(B)
</enum>
<header>
Statewide rapid response activities
</header>
<text>
Funds reserved by a Governor for a State as described in section 133(a)(2) shall be used to carry out the statewide rapid response activities described in paragraph (4).
</text>
</subparagraph>
<subparagraph id="H83D00EF1C3EC44E08F27DBE18A802E82">
<enum>
(C)
</enum>
<header>
Statewide grants for individuals with barriers to employment
</header>
<text>
Funds reserved by a Governor for a State as described in section 133(a)(3) shall be used to carry out the Statewide Grants for Individuals with Barriers to Employment competition described in paragraph (5).
</text>
</subparagraph>
</paragraph>
<paragraph id="HCB25603BDEED4CFB8A0BFC4C0ECBEB9E">
<enum>
(2)
</enum>
<header>
Required Statewide employment and training activities
</header>
<text display-inline="yes-display-inline">
A State shall use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities, which shall include—
</text>
<subparagraph id="HE6F0521F157343A3AA824803F5254CE2">
<enum>
(A)
</enum>
<text>
disseminating the State list of eligible providers of training described in section 122(d), information identifying eligible providers of on-the-job training and customized training described in section 122(i), and performance information and program cost information described in section 122(b)(2);
</text>
</subparagraph>
<subparagraph id="H4892BE0FE2A240C385DF1AC5512F80C3">
<enum>
(B)
</enum>
<text>
supporting the provision of work ready services described in subsection (c)(2) in the one-stop delivery system;
</text>
</subparagraph>
<subparagraph id="H897F26EF5E964988B658966D895904D9">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
implementing strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, recognized postsecondary credentials, and employment experience to succeed in the labor market;
</text>
</subparagraph>
<subparagraph id="HD8C10A1896BF47E1AA036499D49A2463">
<enum>
(D)
</enum>
<text>
conducting evaluations under section 136(e) of activities authorized under this chapter in coordination with evaluations carried out by the Secretary under section 172;
</text>
</subparagraph>
<subparagraph id="H14D59F4B266A495694FB6F64B7D1D01E">
<enum>
(E)
</enum>
<text>
providing technical assistance to local areas that fail to meet local performance measures;
</text>
</subparagraph>
<subparagraph id="H1E2EDB16F014459296152098C4D9F690">
<enum>
(F)
</enum>
<text>
operating a fiscal and management accountability system under section 136(f); and
</text>
</subparagraph>
<subparagraph id="HF2844F8469FC43A09FF5449FA24D48BF">
<enum>
(G)
</enum>
<text>
carrying out monitoring and oversight of activities carried out under this chapter.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD09BD0FB6F4C425ABD5D0635E64AB69C">
<enum>
(3)
</enum>
<header>
Allowable statewide employment and training activities
</header>
<text>
A State may use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities which may include—
</text>
<subparagraph id="H59872467E77A49DBA6D78756DA01E600">
<enum>
(A)
</enum>
<text>
implementing innovative programs and strategies designed to meet the needs of all employers in the State, including small employers, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnerships, career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title;
</text>
</subparagraph>
<subparagraph id="H93424E6AB4B94216911D84004A7C076A">
<enum>
(B)
</enum>
<text>
providing incentive grants to local areas for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)), for local coordination of activities carried out under this Act, and for exemplary performance by local areas on the local performance measures;
</text>
</subparagraph>
<subparagraph id="H4B15F50F8D314C93B1049FDF6B618B88">
<enum>
(C)
</enum>
<text>
developing strategies for effectively integrating programs and services among one-stop partners;
</text>
</subparagraph>
<subparagraph id="H05E2364B95174D168D32874545CA57DC">
<enum>
(D)
</enum>
<text>
carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology;
</text>
</subparagraph>
<subparagraph id="H98FFEB7BC2864B6897DE7B66E8E2683E">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
incorporating pay-for-performance contracting strategies, as defined in section 101(56), as an element in funding activities under this section and providing technical support to local areas and providers in order to carry out such strategy, which may provide assistance with data collection and data entry requirements;
</text>
</subparagraph>
<subparagraph id="H9D616F4D72BB4E6B931D50C3C7091F43">
<enum>
(F)
</enum>
<text>
carrying out the State option under subsection (f)(8); and
</text>
</subparagraph>
<subparagraph id="HB9FF3FE79D0145BCB9B7EA607A2551FF">
<enum>
(G)
</enum>
<text>
carrying out other activities authorized under this section that the State determines to be necessary to assist local areas in carrying out activities described in subsection (c) or (d) through the statewide workforce investment system.
</text>
</subparagraph>
</paragraph>
<paragraph id="HE0F659E7CBFD48229C794CCF3EDFDF26">
<enum>
(4)
</enum>
<header>
Statewide rapid response activities
</header>
<text display-inline="yes-display-inline">
A State shall use funds reserved as described in section 133(a)(2) to carry out statewide rapid response activities, which shall include—
</text>
<subparagraph id="H341CBA52C35A4A8380511547DE138C94">
<enum>
(A)
</enum>
<text>
provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas; and
</text>
</subparagraph>
<subparagraph id="H92357B9FC70546B1B9069FA81223CDF5">
<enum>
(B)
</enum>
<text>
provision of additional assistance to local areas that experience disasters, mass layoffs or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas.
</text>
</subparagraph>
</paragraph>
<paragraph id="HDA78D904838D4D75B5802DF0EDE70C17">
<enum>
(5)
</enum>
<header>
Statewide grants for individuals with barriers to employment
</header>
<subparagraph id="H909C531BECD64B1ABE97DCD73DD6C83A">
<enum>
(A)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Of the funds reserved as described in section 133(a)(3), the Governor of a State—
</text>
<clause id="HA0E4FD830D8D4153BF21FB80AA316D15">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
may reserve up to 5 percent to provide technical assistance to, and conduct evaluations as described in section 136(e), of the programs and activities carried out under this paragraph; and
</text>
</clause>
<clause id="H0C18BE9E8D0D4A6ABE3E605817F641AE">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
using the remainder, shall award grants on a competitive basis to eligible entities described in subparagraph (B) to carry out employment and training programs authorized under this paragraph for individuals with barriers to employment that meet specific performance outcomes and criteria established by the Governor.
</text>
</clause>
</subparagraph>
<subparagraph id="HCBBD4F2FAF1F489590B2AF1E217D2C61">
<enum>
(B)
</enum>
<header>
Eligible entity defined
</header>
<text display-inline="yes-display-inline">
For purposes of this paragraph, the term
<term>
eligible entity
</term>
means an entity that—
</text>
<clause id="HDAAD810F08F24C9FB7E1550FD26C103B">
<enum>
(i)
</enum>
<text>
is a—
</text>
<subclause id="H265DB29968374A0088EFAB78465FF603">
<enum>
(I)
</enum>
<text>
local board or a consortium of local boards;
</text>
</subclause>
<subclause id="H15ACC3611A734308A1CBCBACA446583C">
<enum>
(II)
</enum>
<text>
nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities; or
</text>
</subclause>
<subclause id="H8541EBB1CF0D4755A34179EEC391ADB1">
<enum>
(III)
</enum>
<text>
consortium of the entities described in subclauses (I) and (II);
</text>
</subclause>
</clause>
<clause id="HA30C587438124625ABDAB7A2CA9C8C67">
<enum>
(ii)
</enum>
<text>
has a demonstrated record of placing individuals into unsubsidized employment and serving hard to serve individuals; and
</text>
</clause>
<clause id="H522DCF055D7F46F6BFDA402D8C8AAF96">
<enum>
(iii)
</enum>
<text>
agrees to be reimbursed primarily on the basis of achievement of specified performance outcomes and criteria established by the Governor.
</text>
</clause>
</subparagraph>
<subparagraph id="HBC88D92626254DAF93775A9F5533F067">
<enum>
(C)
</enum>
<header>
Grant period
</header>
<clause id="H926F35E6F82B4159A631F0127179E028">
<enum>
(i)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
A grant under this paragraph shall be awarded for a period of 1 year.
</text>
</clause>
<clause id="H0FD76E9640A341F5A1957081C267B29B">
<enum>
(ii)
</enum>
<header>
Grant renewal
</header>
<text display-inline="yes-display-inline">
A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph.
</text>
</clause>
</subparagraph>
<subparagraph id="H1A05565C45F9401FA3D2C2C522063823">
<enum>
(D)
</enum>
<header>
Eligible Participants
</header>
<text display-inline="yes-display-inline">
To be eligible to participate in activities under this paragraph, an individual shall be a low-income individual age 16 or older or a member of a low-income family.
</text>
</subparagraph>
<subparagraph id="HB42FAC6A94F94528B81C3B6BFBD54166">
<enum>
(E)
</enum>
<header>
Use of Funds
</header>
<text display-inline="yes-display-inline">
An eligible entity receiving a grant under this paragraph shall use such funds for activities that are designed to assist eligible participants in obtaining employment and acquiring the education and skills necessary to succeed in the labor market.
</text>
</subparagraph>
<subparagraph id="HFB8C2F2F9E424B758FE17D67F722CC6E">
<enum>
(F)
</enum>
<header>
Applications
</header>
<text display-inline="yes-display-inline">
To be eligible to receive a grant under this paragraph, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including—
</text>
<clause id="H1FAEB5F9710D43078C4F6EDD34615F68">
<enum>
(i)
</enum>
<text>
a description of how the strategies and activities will be aligned with the State plan submitted under section 112 and the local plan submitted under section 118 with respect to the areas of the State that will be the focus of grant activities under this paragraph;
</text>
</clause>
<clause id="H471896EAA38046D6B8605F438FDD6517">
<enum>
(ii)
</enum>
<text>
a description of the educational and skills training programs and activities the eligible entity will provide to eligible participants under this paragraph;
</text>
</clause>
<clause id="HDFA20EFB2FB84CA8BBCAE3805756CBFD">
<enum>
(iii)
</enum>
<text>
how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities;
</text>
</clause>
<clause id="H69162FCD0DA6405F82FD42F3DE519F82">
<enum>
(iv)
</enum>
<text>
a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve the education and skills training for eligible participants;
</text>
</clause>
<clause id="HE9CADEA24F064E7CB2D94FBED805C28A">
<enum>
(v)
</enum>
<text>
a description of the populations to be served and the skill needs of those populations, and the manner in which eligible participants will be recruited and selected as participants;
</text>
</clause>
<clause id="HAA73FEA758CE463591187C4BC7088F30">
<enum>
(vi)
</enum>
<text>
a description of the private, public, local, and State resources that will be leveraged, in addition to the grant funds provided for the programs and activities under this paragraph, and how the entity will ensure the sustainability of such programs and activities after grant funds are no longer available;
</text>
</clause>
<clause id="HB1471CBE2F924EADB4D103278314A9D4">
<enum>
(vii)
</enum>
<text>
a description of the extent of the involvement of employers in such programs and activities;
</text>
</clause>
<clause id="H748BF0104B3941DDB5534F000B3B7B50">
<enum>
(viii)
</enum>
<text>
a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for all individuals specified in section in 136(b)(2);
</text>
</clause>
<clause id="H9984B9E114094D3689A971AA160B36B6">
<enum>
(ix)
</enum>
<text>
a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures that will be used to ensure fiscal soundness for the programs and activities provided under this paragraph; and
</text>
</clause>
<clause id="HC4FCBF16DA3147CB806ADF32E421D2F9">
<enum>
(x)
</enum>
<text>
any other criteria the Governor may require.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H9091E07E056043BA812C2830E4CECCDB">
<enum>
(2)
</enum>
<text>
by amending subsection (b) to read as follows:
</text>
<quoted-block id="H06B8126AAA524CE3888D41B2DE549CF1" style="OLC">
<subsection id="H6DB0131A4C4F4491BBBB91C3F5171DD4">
<enum>
(b)
</enum>
<header>
Local employment and training activities
</header>
<text>
Funds allocated to a local area under section 133(b)—
</text>
<paragraph id="H351C9142A1A74966943BB45B80E740F7">
<enum>
(1)
</enum>
<text>
shall be used to carry out employment and training activities described in subsection (c); and
</text>
</paragraph>
<paragraph id="H24C23CCBC9CD4976A73BA6E6A8CA553D">
<enum>
(2)
</enum>
<text>
may be used to carry out employment and training activities described in subsection (d).
</text>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H2719E31FB065471D943E3A704F1A6651">
<enum>
(3)
</enum>
<text>
by striking subsection (c);
</text>
</paragraph>
<paragraph id="H28324D88C9D748EC8ABCED20FD5C2AFF">
<enum>
(4)
</enum>
<text>
by redesignating subsections (d) and (e), as subsections (c) and (d), respectively;
</text>
</paragraph>
<paragraph id="H37B4569B7BF54C319D24740A172F5883">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
in subsection (c) (as so redesignated)—
</text>
<subparagraph id="HC668E50ACA044F2284DC479C913BAD0A">
<enum>
(A)
</enum>
<text>
by amending paragraph (1) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HFC3C0E1E1B4448F0AEB175625724D839" style="OLC">
<paragraph id="H438DDF6CB52749018299F63C52F4BD97">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Funds allocated to a local area under section 133(b) shall be used—
</text>
<subparagraph id="H231F81576E894F1CBFC0AA5A4DF93C1E">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
to establish a one-stop delivery system as described in section 121(e);
</text>
</subparagraph>
<subparagraph id="H27870FA419694E94881E871DED38CC7E">
<enum>
(B)
</enum>
<text>
to provide the work ready services described in paragraph (2) through the one-stop delivery system in accordance with such paragraph; and
</text>
</subparagraph>
<subparagraph id="HE708C9A7F9704B49AE5820A362854E07">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
to provide training services described in paragraph (4) in accordance with such paragraph.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H257A13F4255046BF984E77E5CF580B0C">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="HA8CAEE634F6B4E16B05480A21D2BBF8A">
<enum>
(i)
</enum>
<text>
in the heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Core services
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
Work ready services
</header-in-text>
</quote>
;
</text>
</clause>
<clause id="HF052F1012D0E42E98744FAFDBE58E557">
<enum>
(ii)
</enum>
<text>
in the matter preceding subparagraph (A)—
</text>
<subclause id="HB0958328C23F41A2B9B8F253F54FB483">
<enum>
(I)
</enum>
<text>
by striking
<quote>
(1)(A)
</quote>
and inserting
<quote>
(1)(B)
</quote>
;
</text>
</subclause>
<subclause id="H246E15C5893A4CF6A1127D91375E1FBE">
<enum>
(II)
</enum>
<text>
by striking
<quote>
core services
</quote>
and inserting
<quote>
work ready services
</quote>
; and
</text>
</subclause>
<subclause id="H3E0BCD87CA104CFAB6F1A1D30BE8658B">
<enum>
(III)
</enum>
<text>
by striking
<quote>
who are adults or dislocated workers
</quote>
;
</text>
</subclause>
</clause>
<clause id="HFEF420AA163948EEA1D4F5215A5FDCB1">
<enum>
(iii)
</enum>
<text>
by redesignating subparagraph (K) as subparagraph (V);
</text>
</clause>
<clause id="H9C5FE72678C5414E9372D9560A0E6393">
<enum>
(iv)
</enum>
<text>
by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively;
</text>
</clause>
<clause id="H6CD74454FB884064938CA07167A094C2">
<enum>
(v)
</enum>
<text>
by inserting after subparagraph (A) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC73F0CB1FE884B25BBD6DD11AD8A9157" style="OLC">
<subparagraph id="H784D555873BF46D289054AB71A59923C">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
assistance in obtaining eligibility determinations under the other one-stop partner programs through activities, where appropriate and consistent with the authorizing statute of the one-stop partner program, such as assisting in the submission of applications, the provision of information on the results of such applications, and the provision of intake services and information;
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause display-inline="no-display-inline" id="H957BADEE43E641048F3626410B6FABB7">
<enum>
(vi)
</enum>
<text>
by amending subparagraph (E), as so redesignated, to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HCCE9BA8F75974E81B9414246DEBD9FE3" style="OLC">
<subparagraph id="HF7D2F1EA23604263BB512F4919028AE7">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
labor exchange services, including—
</text>
<clause id="HFD4D6896AB94451F8E0DDB44A5687B18">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
job search and placement assistance, and where appropriate, career counseling;
</text>
</clause>
<clause id="H0FA8A846D6F54892B3EA0C91528447A2">
<enum>
(ii)
</enum>
<text>
appropriate recruitment services for employers, including small employers, in the local area, which may include services described in this subsection, including information and referral to specialized business services not traditionally offered through the one-stop delivery system; and
</text>
</clause>
<clause id="HC57F6016387B44B9A4CA2229C99351D6">
<enum>
(iii)
</enum>
<text>
reemployment services provided to unemployment claimants, including claimants identified as in need of such services under the worker profiling system established under section 303(j) of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/503">
42 U.S.C. 503(j)
</external-xref>
);
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HE2B043A601A04F3BBB5A7CAB7E78F865">
<enum>
(vii)
</enum>
<text>
in subparagraph (F), as so redesignated, by striking
<quote>
employment statistics
</quote>
and inserting
<quote>
workforce and labor market
</quote>
;
</text>
</clause>
<clause id="H7C82061D7CBB4DA497AF81EE7186A18B">
<enum>
(viii)
</enum>
<text>
in subparagraph (G), as so redesignated, by striking
<quote>
and eligible providers of youth activities described in section 123,
</quote>
;
</text>
</clause>
<clause id="HAFA36A0E3207415D852500C6B0B707B9">
<enum>
(ix)
</enum>
<text>
in subparagraph (H), as so redesignated, by inserting
<quote>
under section 136
</quote>
after
<quote>
local performance measures
</quote>
;
</text>
</clause>
<clause id="H07E885C2AEE04E2388BAEE4BB760AB98">
<enum>
(x)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (J), as so redesignated, by inserting
<quote>
and the administration of the work test for the unemployment compensation system
</quote>
after
<quote>
compensation
</quote>
;
</text>
</clause>
<clause id="H722F97407F4A4D95B544FDA34894FAC0">
<enum>
(xi)
</enum>
<text>
by amending subparagraph (K), as so redesignated, to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HDE84BD474739465084FBEC7B0410FBE8" style="OLC">
<subparagraph id="HD7456C00789540469F1C2A8F409E02FA">
<enum>
(K)
</enum>
<text display-inline="yes-display-inline">
assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act and are available in the local area;
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H9026238241E246B4A108838D535A4E38">
<enum>
(xii)
</enum>
<text>
by inserting the following new subparagraphs after subparagraph (K), as so redesignated:
</text>
<quoted-block display-inline="no-display-inline" id="HEB1CC2C78DBF47B5BF151C6E6A75AC3A" style="OLC">
<subparagraph id="H945606B6217548BA8A836BC1F46C9C78">
<enum>
(L)
</enum>
<text display-inline="yes-display-inline">
the provision of information from official publications of the Internal Revenue Service regarding Federal tax credits available to individuals relating to education, job training and employment;
</text>
</subparagraph>
<subparagraph id="H4A11D26D937440078318583249D4B9DC">
<enum>
(M)
</enum>
<text>
comprehensive and specialized assessments of the skill levels and service needs of workers, which may include—
</text>
<clause id="H9EDDF00168E94348B88D5E981EFCD5AB">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
diagnostic testing and use of other assessment tools; and
</text>
</clause>
<clause id="H02FEB9849B374F869B47DF2940FE07DE">
<enum>
(ii)
</enum>
<text>
in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals;
</text>
</clause>
</subparagraph>
<subparagraph id="HF88DC2DCC1C04981B1B3E98F40851207">
<enum>
(N)
</enum>
<text display-inline="yes-display-inline">
development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant;
</text>
</subparagraph>
<subparagraph id="HF2FB954F23514E229030675C4B567290">
<enum>
(O)
</enum>
<text>
group counseling;
</text>
</subparagraph>
<subparagraph id="H7C5C3FD1806E4D9695A7CF6F99F12252">
<enum>
(P)
</enum>
<text>
individual counseling and career planning;
</text>
</subparagraph>
<subparagraph id="H51ECC859A24F4F9389A4D259A031792A">
<enum>
(Q)
</enum>
<text>
case management;
</text>
</subparagraph>
<subparagraph id="H881D6CBC22DF429BA495A20ADF0B456C">
<enum>
(R)
</enum>
<text>
short-term pre-career services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training;
</text>
</subparagraph>
<subparagraph id="H0C6D6425940A4F31B8BFA30D46861182">
<enum>
(S)
</enum>
<text>
internships and work experience;
</text>
</subparagraph>
<subparagraph id="HB1075B05274345DD9553F2D4C0E5AD51">
<enum>
(T)
</enum>
<text>
literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if such activities are not available to participants in the local area under programs administered under the Adult Education and Family Literacy Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/2901">
20 U.S.C. 2901 et seq.
</external-xref>
);
</text>
</subparagraph>
<subparagraph id="H03DFB62021E043AB880A759FE0A447BE">
<enum>
(U)
</enum>
<text>
out-of-area job search assistance and relocation assistance; and
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="HA84B346B17DC434DAB5AD77BAA7EACE9">
<enum>
(C)
</enum>
<text>
by amending paragraph (3) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H9A2C33D9DC844B5CA2EC0C516C852167" style="OLC">
<paragraph id="HFBDD40933AE844ACAE3006CD9318FFFB">
<enum>
(3)
</enum>
<header>
Delivery of services
</header>
<text>
The work ready services described in paragraph (2) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H5B7F5DABD7F1457CAE4334277F8FF7F3">
<enum>
(D)
</enum>
<text>
in paragraph (4)—
</text>
<clause id="HBDD00BC219574D5FB50859340450EC6B">
<enum>
(i)
</enum>
<text>
by amending subparagraph (A) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HDC321D06D0394F26B3DE4A5857117F54" style="OLC">
<subparagraph id="H29C34672421F4B8784F3E6DFB2758EA9">
<enum>
(A)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Funds described in paragraph (1)(C) shall be used to provide training services to individuals who—
</text>
<clause id="H6A72B3CEB5E24E6BAF65B754A4EA8D53">
<enum>
(i)
</enum>
<text>
after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to—
</text>
<subclause id="HE3035070988040C0B61BEEE2AECD1DB2">
<enum>
(I)
</enum>
<text>
be in need of training services to obtain or retain employment; and
</text>
</subclause>
<subclause id="HB33582BF668D4914863EC3CE1BCAB7FB">
<enum>
(II)
</enum>
<text>
have the skills and qualifications to successfully participate in the selected program of training services;
</text>
</subclause>
</clause>
<clause id="H212ACA9ED35A4DF99029D835C7D68FAA">
<enum>
(ii)
</enum>
<text>
select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the individual receiving such services are willing to commute or relocate; and
</text>
</clause>
<clause id="H47FA9B5922DD42EA8EFCBCAF3634CFC3">
<enum>
(iii)
</enum>
<text>
who meet the requirements of subparagraph (B);
</text>
</clause>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H196A29008D4B4E16BEDD497F82755DE8">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (B)(i), by striking
<quote>
Except
</quote>
and inserting
<quote>
Notwithstanding section 479B of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1087uu">
20 U.S.C. 1087uu
</external-xref>
) and except
</quote>
;
</text>
</clause>
<clause id="H57D37A841011457383D06574E73E3F60">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
by amending subparagraph (D) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HF2B9445CD99B483582A3C7B04560F75D" style="OLC">
<subparagraph id="HB8927C496FD849C983B445A2297983F0">
<enum>
(D)
</enum>
<header>
Training services
</header>
<text>
Training services authorized under this paragraph may include—
</text>
<clause id="H7CE2485587C54D8DA1A9B4FE23102452">
<enum>
(i)
</enum>
<text>
occupational skills training;
</text>
</clause>
<clause id="H5366340C5C00440AB1A6FA832C8749FE">
<enum>
(ii)
</enum>
<text>
on-the-job training;
</text>
</clause>
<clause id="H3A938FBFB4974E808D06A5817A3A8AF6">
<enum>
(iii)
</enum>
<text>
skill upgrading and retraining;
</text>
</clause>
<clause id="H1A40A5219FD04275A2E1F48EDA3FBED0">
<enum>
(iv)
</enum>
<text>
entrepreneurial training;
</text>
</clause>
<clause id="HD538DF97A9E643EBA91E45D0EC0A6C3C">
<enum>
(v)
</enum>
<text>
education activities leading to a regular secondary school diploma or its recognized equivalent in combination with, concurrently or subsequently, occupational skills training;
</text>
</clause>
<clause id="H6175E0075EEB4F6F88D7ECE72B41A039">
<enum>
(vi)
</enum>
<text>
adult education and literacy activities provided in conjunction with other training authorized under this subparagraph;
</text>
</clause>
<clause id="H043A9EAF82A4486BAF0A854048D524D4">
<enum>
(vii)
</enum>
<text>
workplace training combined with related instruction;
</text>
</clause>
<clause id="H9BF4571D5248447199B6D48F84C418EF">
<enum>
(viii)
</enum>
<text>
occupational skills training that incorporates English language acquisition;
</text>
</clause>
<clause id="HA444E5F773CF461DA13114A4B07FBEE3">
<enum>
(ix)
</enum>
<text>
customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; and
</text>
</clause>
<clause id="H07A126E79E2B4C3EB5B164DC6A0BF456">
<enum>
(x)
</enum>
<text>
training programs operated by the private sector.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HDC659E6ECCED4CBA9A239CA554031165">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and
</text>
</clause>
<clause id="H210D815634344FA29A565F33FBA8C32C">
<enum>
(v)
</enum>
<text>
in subparagraph (E) (as so redesignated)—
</text>
<subclause id="H57A18B42CD5B4DA490B901F87CD2430F">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
in clause (ii)—
</text>
<item id="H993A13E0780C4CE2B10AD5C17662578F">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
in the matter preceding subclause (I), by striking
<quote>
subsection (c)
</quote>
and inserting
<quote>
section 121
</quote>
;
</text>
</item>
<item id="H6BFC6A4495484E6ABF61D49E876D5A7E">
<enum>
(bb)
</enum>
<text>
in subclause (I), by striking
<quote>
section 122(e)
</quote>
and inserting
<quote>
section 122(d)
</quote>
and by striking
<quote>
section 122(h)
</quote>
and inserting
<quote>
section 122(i)
</quote>
; and
</text>
</item>
<item id="H8944D1D9DEDD4540B74C1007D2EFC2C1">
<enum>
(cc)
</enum>
<text>
in subclause (II), by striking
<quote>
subsections (e) and (h)
</quote>
and inserting
<quote>
subsection (i)
</quote>
; and
</text>
</item>
</subclause>
<subclause id="H2071E20C95C54F7A859CC90653DE5801">
<enum>
(II)
</enum>
<text>
by striking clause (iii) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5C2FB9EA6A544E65BF943D74981EA41A" style="OLC">
<clause id="HE847B0EE9F6B44A1BE50BAAA38BE711F">
<enum>
(iii)
</enum>
<header>
Career enhancement accounts
</header>
<text display-inline="yes-display-inline">
An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through a career enhancement account.
</text>
</clause>
<clause id="HDFD2CDACBFEB4BE1B01C82E26C34E169">
<enum>
(iv)
</enum>
<header>
Coordination
</header>
<text>
Each local board may, through one-stop centers, coordinate career enhancement accounts with other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services.
</text>
</clause>
<clause id="HC1E6EA24FF374F2A9D43D0CDC4985068">
<enum>
(v)
</enum>
<header>
Assistance
</header>
<text>
Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts in obtaining funds (in addition to the funds provided under this section) from other programs and sources that will assist the individual in obtaining training services.
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="H42D06269894841A888C2F8244462A5B1">
<enum>
(vi)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (F) (as so redesignated)—
</text>
<subclause id="HB18F0689EB5741798357D6682A10A1C0">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
in the subparagraph heading, by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
individual training accounts
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
career enhancement accounts
</header-in-text>
</quote>
;
</text>
</subclause>
<subclause id="H32749B6FC0F4479C8945CCCF9AA25EC5">
<enum>
(II)
</enum>
<text>
in clause (i) by striking
<quote>
individual training accounts
</quote>
and inserting
<quote>
career enhancement accounts
</quote>
;
</text>
</subclause>
<subclause id="H1A4F183E884D47A9B40D36DADB8C5678">
<enum>
(III)
</enum>
<text>
in clause (ii)—
</text>
<item id="HD06B3C674E6D4B16904885DA721BC7C1">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
an individual training account
</quote>
and inserting
<quote>
a career enhancement account
</quote>
;
</text>
</item>
<item id="HA3D4EB26E2C141858FD5672A68CEF9CB">
<enum>
(bb)
</enum>
<text>
by striking
<quote>
subparagraph (F)
</quote>
and inserting
<quote>
subparagraph (E)
</quote>
;
</text>
</item>
<item id="HA451C01776E248A6B0DBFCE5D024B318">
<enum>
(cc)
</enum>
<text>
in subclause (II), by striking
<quote>
individual training accounts
</quote>
and inserting
<quote>
career enhancement accounts
</quote>
;
</text>
</item>
<item id="HEE3D5509C5FE41B8A165CDE6B490165C">
<enum>
(dd)
</enum>
<text>
in subclause (II) by striking
<quote>
or
</quote>
after the semicolon;
</text>
</item>
<item id="H7A01C8F10C834A37AA363D30438B0A18">
<enum>
(ee)
</enum>
<text>
in subclause (III) by striking the period and inserting
<quote>
; or
</quote>
; and
</text>
</item>
<item id="H26A70145A11942499EFF772751AB0FCF">
<enum>
(ff)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF5A821CCB7634A3C9F4B8B25F58036B8" style="OLC">
<subclause id="HB5D8A177306843B9B1EEAD9DB1F63DD0">
<enum>
(IV)
</enum>
<text display-inline="yes-display-inline">
the local board determines that it would be most appropriate to award a contract to an institution of higher education that has been identified as a priority provider under section 117(d)(5)(B) in order to facilitate the training of multiple individuals in in-demand sectors or occupations, and which may be used to enable the expansion of programs provided by a priority provider, if such contract does not limit customer choice.
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</item>
</subclause>
<subclause id="HFBECF4358D924B419177E8A922B9A882">
<enum>
(IV)
</enum>
<text display-inline="yes-display-inline">
in clause (iii), by striking
<quote>
adult or dislocated worker
</quote>
and inserting
<quote>
individual
</quote>
; and
</text>
</subclause>
<subclause id="H4AB014150D804C43A2B5EA87872928DF">
<enum>
(V)
</enum>
<text>
in clause (iv)—
</text>
<item id="H2A7801CA577C47E6B19AE35692A6D0F2">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
by redesignating subclause (IV) as subclause (V) and inserting after subclause (III) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H95775867C2BC4891B5E44F3C1AFEEF3E" style="OLC">
<subclause id="H35933CF63AB74A05B6490C41C8E05D4A">
<enum>
(IV)
</enum>
<text display-inline="yes-display-inline">
Individuals with disabilities.
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</item>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H24D16B7180524A1AA47F192F32AFC39C">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
in subsection (d) (as so redesignated)—
</text>
<subparagraph id="HC423416BF99E4DC9A6F4C4B3637D8021">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by amending paragraph (1) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HD4535A9B4A4440E987A9E75242D98FA2" style="OLC">
<paragraph id="HA11994DF7D994AB5A4CF1BD45712E7F3">
<enum>
(1)
</enum>
<header>
Discretionary one-stop delivery activities
</header>
<subparagraph id="H373689C8B50D4AE396D15D414CFC6A67">
<enum>
(A)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Funds allocated to a local area under section 133(b)(2) may be used to provide, through the one-stop delivery system—
</text>
<clause id="HC7A68C45A5E948C0BDCA644A68AC77C0">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
customized screening and referral of qualified participants in training services to employers;
</text>
</clause>
<clause id="H1B8A2BE438BE4221971A944EB9F7F17C">
<enum>
(ii)
</enum>
<text>
customized employment-related services to employers on a fee-for-service basis;
</text>
</clause>
<clause id="H8D05C1D388BD4F3BB6BC20306C034046">
<enum>
(iii)
</enum>
<text>
customer supports, including transportation and childcare, to navigate among multiple services and activities for special participant populations that face multiple barriers to employment, including individuals with disabilities;
</text>
</clause>
<clause id="H3853409D3A8941EF8D511749676EAC16">
<enum>
(iv)
</enum>
<text>
employment and training assistance provided in coordination with child support enforcement activities of the State agency carrying out subtitle D of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/651">
42 U.S.C. 651 et seq.
</external-xref>
);
</text>
</clause>
<clause id="H07377AD2F76D4A32B9BE607E97191FEE">
<enum>
(v)
</enum>
<text>
incorporating pay-for-performance contract strategies, as defined in section 101(56), as an element in funding activities under this section;
</text>
</clause>
<clause id="HD6F4303A8F3848D6BA04A579AE2B2EA2">
<enum>
(vi)
</enum>
<text>
activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and
</text>
</clause>
<clause id="H37BFE14A84994B1BA4FF759B4D56239B">
<enum>
(vii)
</enum>
<text>
activities to carry out business services and strategies that meet the workforce investment needs of local area employers, as determined by the local board, consistent with the local plan under section 118.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H95D69BFC5E4A4934AB8BC393EA6072BC">
<enum>
(B)
</enum>
<text>
by striking paragraphs (2) and (3); and
</text>
</subparagraph>
<subparagraph id="H1D1D4C3FF23D4325A21EA458528A6F1E">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD68FCDA0919246C1970421780EF1BDD0" style="OLC">
<paragraph id="HFA5FF7ADCB3F4008B06B6ED99421945B">
<enum>
(2)
</enum>
<header>
Incumbent worker training programs
</header>
<subparagraph id="H8FC1A8C800EA47919735D88F38D4B633">
<enum>
(A)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
The local board may use funds allocated to a local area under section 133(b)(2) to carry out incumbent worker training programs in accordance with this paragraph.
</text>
</subparagraph>
<subparagraph id="H41558F83793A40449DB95C9DEDCF593B">
<enum>
(B)
</enum>
<header>
Training activities
</header>
<text>
The training programs for incumbent workers under this paragraph shall be carried out by the local area in conjunction with the employers of such workers for the purpose of assisting such workers in obtaining the skills necessary to retain employment and avert layoffs.
</text>
</subparagraph>
<subparagraph id="H96EF522C64894B1E8055E0552357EEC4">
<enum>
(C)
</enum>
<header>
Employer match required
</header>
<clause id="HC803961838414278A330F6E6558B0387">
<enum>
(i)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Employers participating in programs under this paragraph shall be required to pay a proportion of the costs of providing the training to the incumbent workers of the employers. The local board shall establish the required portion of such costs, which may include in-kind contributions.
</text>
</clause>
<clause id="HADA5BA17A64245C58EE571B15E2AE98D">
<enum>
(ii)
</enum>
<header>
Calculation of match
</header>
<text>
The wages paid by an employer to a worker while they are attending training may be included as part of the required payment of the employer.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HD15941ED9CC447BBB9F701373C5CA963">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6D992E6ECD0749019CF19907ECEC80FA" style="OLC">
<subsection id="H727AEF8A9A5C41AE983411623B403440">
<enum>
(e)
</enum>
<header>
Priority for Placement in Private Sector Jobs
</header>
<text display-inline="yes-display-inline">
In providing employment and training activities authorized under this section, the State and local board shall give priority to placing participants in jobs in the private sector.
</text>
</subsection>
<subsection id="HAB3AF771468643D5A995906B67D7AC6F">
<enum>
(f)
</enum>
<header>
Veteran employment specialist
</header>
<paragraph id="HB2BC427FD6C44D9EAE6B97A2256D3D12">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Subject to paragraph (8), a local board shall hire and employ one or more veteran employment specialist to carry out employment, training, and placement services under this subsection in the local area served by the local board.
</text>
</paragraph>
<paragraph id="HC1C4B411B3F64119A998DD08CD48A1E1">
<enum>
(2)
</enum>
<header>
Principal duties
</header>
<text>
A veteran employment specialist in a local area shall—
</text>
<subparagraph id="H1F891DFC2CDD4932AB54426563AF07F4">
<enum>
(A)
</enum>
<text>
conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including—
</text>
<clause id="H8EB6CFE60CAC49108001C8609EF98CCC">
<enum>
(i)
</enum>
<text>
conducting seminars for employers; and
</text>
</clause>
<clause id="H73C03A20CEA34F2C857F5A7FF2979B43">
<enum>
(ii)
</enum>
<text>
in conjunction with employers, conducting job search workshops, and establishing job search groups; and
</text>
</clause>
</subparagraph>
<subparagraph id="HBDCE1AA94A6B492AAE211603EE05D7B1">
<enum>
(B)
</enum>
<text>
facilitate employment, training, supportive, and placement services furnished to veterans, including disabled and homeless veterans, in the local area.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0011FC36125D4055A8A09B76F5DACE2C">
<enum>
(3)
</enum>
<header>
Hiring preference for veterans and individuals with expertise in serving veterans
</header>
<text display-inline="yes-display-inline">
Subject to paragraph (8), a local board shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to carry out the services described in paragraph (2) in the local area served by the local board. In hiring an individual to serve as a veteran employment specialist, a local board shall give preference to veterans and other individuals in the following order:
</text>
<subparagraph id="H360FF6260ACE4D03BBD193CE8509ACD8">
<enum>
(A)
</enum>
<text>
To service-connected disabled veterans.
</text>
</subparagraph>
<subparagraph id="H848873D83076453FB6B6C8C8173715E1">
<enum>
(B)
</enum>
<text>
If no veteran described in subparagraph (A) is available, to veterans.
</text>
</subparagraph>
<subparagraph id="HF93635F0DBF046AA966F0FDD85A3B56F">
<enum>
(C)
</enum>
<text>
If no veteran described in subparagraph (A) or (B) is available, to any member of the Armed Forces transitioning out of military service.
</text>
</subparagraph>
<subparagraph id="H6B8E479716224C30B5DDFB8B1939A739">
<enum>
(D)
</enum>
<text>
If no veteran described in subparagraph (A), (B), or (C) is available, to any spouse of a veteran or a spouse of a member of the Armed Forces transitioning out of military service.
</text>
</subparagraph>
<subparagraph id="H8D0A0DB4715D4C44A21BE466A17C2BE0">
<enum>
(E)
</enum>
<text>
If no veteran described in subparagraph (A), (B), or (C) is available and no spouse described in paragraph (D) is available, to any other individuals with expertise in serving veterans.
</text>
</subparagraph>
</paragraph>
<paragraph id="H16F42AC4108942B5B71B5787D0FCB11B">
<enum>
(4)
</enum>
<header>
Administration and reporting
</header>
<subparagraph id="HE5D0F90AFFBD483E88D340F19B78A50C">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Each veteran employment specialist shall be administratively responsible to the manager of the one-stop delivery center in the local area and shall provide, at a minimum, quarterly reports to the manager of such center and to the Director for Veterans’ Employment and Training for the State on the performance and compliance by the specialist with Federal law and regulations with respect to the—
</text>
<clause id="H6B93094F3F05454181B248532B8222E9">
<enum>
(i)
</enum>
<text>
principal duties and special services for veterans described in paragraph (2); and
</text>
</clause>
<clause id="H2E21BDF8D7CC4770892598A958A0D5C2">
<enum>
(ii)
</enum>
<text>
hiring preferences described in paragraph (3) for veterans and individuals with expertise in serving veterans.
</text>
</clause>
</subparagraph>
<subparagraph id="HA502AF9ABEC84E299C37794DF326827E">
<enum>
(B)
</enum>
<header>
Report to Secretary
</header>
<text>
Each State shall submit to the Secretary an annual report on the qualifications used by the local board in making hiring determinations for a veteran employment specialist and the salary structure under which such specialist is compensated.
</text>
</subparagraph>
<subparagraph id="HEA3DEE39109943ADB5117A9E2EF206C7">
<enum>
(C)
</enum>
<header>
Report to Congress
</header>
<text display-inline="yes-display-inline">
The Secretary shall submit to the Committee on Education and the Workforce and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the Senate an annual report summarizing the reports submitted under subparagraph (B), including summaries of outcomes achieved by participating veterans disaggregated by local areas.
</text>
</subparagraph>
</paragraph>
<paragraph id="HEA1F3CAB13C4488F8897954386726ED6">
<enum>
(5)
</enum>
<header>
Part-time employees
</header>
<text>
A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this subsection on a halftime basis.
</text>
</paragraph>
<paragraph id="H93808F1325144561959BDC5C54EB2492">
<enum>
(6)
</enum>
<header>
Training requirements
</header>
<text>
Each veteran employment specialist described in paragraph (2) shall satisfactorily complete training provided by the National Veterans' Employment and Training Institute during the three-year period that begins on the date on which the employee is so assigned.
</text>
</paragraph>
<paragraph id="H9599040D7EB642FFA7DC43FAEFF68102">
<enum>
(7)
</enum>
<header>
Specialist’s duties
</header>
<text display-inline="yes-display-inline">
A full-time veteran employment specialist shall perform only duties related to the employment, training, supportive, and placement services under this subsection, and shall not perform other non-veteran-related duties if such duties detract from the specialist’s ability to perform the specialist's duties related to employment, training, and placement services under this subsection.
</text>
</paragraph>
<paragraph id="H747DA94E61974F74A840EE0C973B9F17">
<enum>
(8)
</enum>
<header>
State option
</header>
<text display-inline="yes-display-inline">
At the request of a local board, a State may assume the duties assigned to the local board under paragraphs (1) and (3), including the hiring and employment of one or more veteran employment specialist for placement in the local area served by the local board.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H8177E55A6B534A9280309FEFBFB5DA32">
<enum>
114.
</enum>
<header>
Performance accountability system
</header>
<text display-inline="no-display-inline">
Section 136 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2871">
29 U.S.C. 2871
</external-xref>
) is amended—
</text>
<paragraph id="HCF23282017B94FFF9F6D7CB518831CAD">
<enum>
(1)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="H5E37BC90315A40228FEA935E05CA0182">
<enum>
(A)
</enum>
<text>
by amending paragraphs (1) and (2) to read as follows:
</text>
<quoted-block id="H3D1CCDDBBF144745A52D9C14FE223DCA" style="OLC">
<paragraph id="H0EA9767BE6704407B0B03AB5C5A472B8">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
For each State, the State performance measures shall consist of—
</text>
<subparagraph id="H9AE16A9DE66940A2806BF98B9DE0826B">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H9629830E6CF549E3B1A2951DEC1EAED6">
<enum>
(i)
</enum>
<text>
the core indicators of performance described in paragraph (2)(A); and
</text>
</clause>
<clause id="H1D3855896DFA4F96BB598D8F24BEDCE8" indent="up1">
<enum>
(ii)
</enum>
<text>
additional indicators of performance (if any) identified by the State under paragraph (2)(B); and
</text>
</clause>
</subparagraph>
<subparagraph id="HDFFCF5EE056B4A2182A471B7255D3A06">
<enum>
(B)
</enum>
<text>
a State adjusted level of performance for each indicator described in subparagraph (A).
</text>
</subparagraph>
</paragraph>
<paragraph id="HFA8FBC92DDEF4995862557267F4988A7">
<enum>
(2)
</enum>
<header>
Indicators of performance
</header>
<subparagraph id="HFDD21141470642199718CD2FA1A7E661">
<enum>
(A)
</enum>
<header>
Core indicators of performance
</header>
<clause id="HFF2AF11AD6CF45289B9DFB44AE10E3C0">
<enum>
(i)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
The core indicators of performance for the program of employment and training activities authorized under sections 132(a)(2) and 134, the program of adult education and literacy activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720 et seq.
</external-xref>
), other than section 112 or part C of that title (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732
</external-xref>
, 741), shall consist of the following indicators of performance, each disaggregated by the populations identified in the State and local plans:
</text>
<subclause id="H7B2E939885894D0892C243CEC8DC6B27">
<enum>
(I)
</enum>
<text>
The percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program.
</text>
</subclause>
<subclause id="HCEA1F4833AAF41298321EDF35F023708">
<enum>
(II)
</enum>
<text>
The percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program.
</text>
</subclause>
<subclause id="H786B028644924DC69C472B1EB61D10B5">
<enum>
(III)
</enum>
<text>
The median earnings of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program compared to the median earnings of such participants prior to the training received under such program.
</text>
</subclause>
<subclause id="H073A70C401CA41FE9E59E1AF3D70486B">
<enum>
(IV)
</enum>
<text>
The percentage and number of program participants who obtain a recognized postsecondary credential, a registered apprenticeship, an industry-recognized credential, or a regular secondary school diploma or its recognized equivalent (subject to clause (ii)), during participation in or within 1 year after exit from program.
</text>
</subclause>
<subclause id="HCED841B69C8E493D96D1DFA8D3021D68">
<enum>
(V)
</enum>
<text display-inline="yes-display-inline">
The percentage and number of program participants who, during a program year—
</text>
<item id="HDCBE8810CDD74F0FA52411F2BB666B64">
<enum>
(aa)
</enum>
<text>
are in an education or training program that leads to a recognized postsecondary credential, a registered apprenticeship or on-the-job training program, an industry-recognized credential, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; and
</text>
</item>
<item id="HEC69B137C1A942879E0D74E52464BC9A">
<enum>
(bb)
</enum>
<text>
are achieving measurable basic skill gains toward such a credential or employment.
</text>
</item>
</subclause>
<subclause id="H734683234D7D48358E3F3528C31F3088">
<enum>
(VI)
</enum>
<text display-inline="yes-display-inline">
The percentage and number of program participants who obtain unsubsidized employment in the field relating to the training services described in section 134(c)(4) that such participants received.
</text>
</subclause>
</clause>
<clause id="HE35A1B59EA91490AAC454B467FE034F4">
<enum>
(ii)
</enum>
<header>
Indicator relating to credential
</header>
<text>
For purposes of clause (i)(IV), program participants who obtain a regular secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have, within 1 year after exit from the program, obtained or retained employment, have been removed from public assistance, or are in an education or training program leading to a recognized postsecondary credential.
</text>
</clause>
</subparagraph>
<subparagraph id="HCF65769F53B342A59773AE372FE48538">
<enum>
(B)
</enum>
<header>
Additional indicators
</header>
<text>
A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HBF45591873BA4EF7905CD8E89253A02D">
<enum>
(B)
</enum>
<text>
in paragraph (3)—
</text>
<clause id="H6209ADFA60434689AF4BC6A8519FAC13">
<enum>
(i)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="H08CF8C69D982430D81E82C51680C768C">
<enum>
(I)
</enum>
<text>
in the heading, by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
and customer satisfaction indicator
</header-in-text>
</quote>
;
</text>
</subclause>
<subclause id="H1CE3497192D1426B83A6288CE6E35B86">
<enum>
(II)
</enum>
<text>
in clause (i), by striking
<quote>
and the customer satisfaction indicator described in paragraph (2)(B)
</quote>
;
</text>
</subclause>
<subclause id="HEC3FAA129D324CA0BBC382000A075A4B">
<enum>
(III)
</enum>
<text>
in clause (ii), by striking
<quote>
and the customer satisfaction indicator of performance, for the first 3
</quote>
and inserting
<quote>
, for all 3
</quote>
;
</text>
</subclause>
<subclause id="H0A2652E9A00E4FBCBA0B2335C3B461B6">
<enum>
(IV)
</enum>
<text>
in clause (iii)—
</text>
<item id="HDDF4E501A9D848D68278F1CB177C5C03">
<enum>
(aa)
</enum>
<text>
in the heading, by striking
<quote>
<header-in-text level="clause" style="OLC">
for first 3 years
</header-in-text>
</quote>
; and
</text>
</item>
<item id="HDD1E612F14B74EB3AC2F4EB2284EBA21">
<enum>
(bb)
</enum>
<text>
by striking
<quote>
and the customer satisfaction indicator of performance, for the first 3 program years
</quote>
and inserting
<quote>
for all 3 program years
</quote>
;
</text>
</item>
</subclause>
<subclause id="H81359FBA2DE5489EA1947F72567E41EF">
<enum>
(V)
</enum>
<text>
in clause (iv)—
</text>
<item id="HD78FC2A8531B4189978FE80BCD5C3522">
<enum>
(aa)
</enum>
<text>
by striking
<quote>
or (v)
</quote>
;
</text>
</item>
<item id="H1744CCED903C4F3CAE031FBAFF3E679E">
<enum>
(bb)
</enum>
<text>
by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and
</text>
</item>
<item id="H39E08DE9C59C4AF3877BA84A78FA01D4">
<enum>
(cc)
</enum>
<text>
in subclause (I) (as so redesignated)—
</text>
<subitem id="H0B394553C6B84E289AD5D3F2CC945C6A">
<enum>
(AA)
</enum>
<text>
by striking
<quote>
taking into account
</quote>
and inserting
<quote>
which shall be adjusted based on
</quote>
;
</text>
</subitem>
<subitem id="HB1EEDAEEFA6E4298854664E722C89FB0">
<enum>
(BB)
</enum>
<text>
by inserting
<quote>
, such as unemployment rates and job losses or gains in particular industries
</quote>
after
<quote>
economic conditions
</quote>
; and
</text>
</subitem>
<subitem id="H9764B678FE4344D59E9A74E1CE763ED8">
<enum>
(CC)
</enum>
<text>
by inserting
<quote>
, such as indicators of poor work experience, dislocation from high-wage employment, low levels of literacy or English proficiency, disability status, including the number of veterans with disabilities, and welfare dependency
</quote>
after
<quote>
program
</quote>
;
</text>
</subitem>
</item>
</subclause>
<subclause id="H2B442A418FD143C480606ED1AD68D887">
<enum>
(VI)
</enum>
<text>
by striking clause (v) and redesignating clause (vi) as clause (v); and
</text>
</subclause>
<subclause id="H0B1911EBB0604F3D8126B3415C3468E8">
<enum>
(VII)
</enum>
<text>
in clause (v) (as so redesignated),
</text>
<item id="H9B9A134501D3434FA2C5BFA8606C3502">
<enum>
(aa)
</enum>
<text>
by striking
<quote>
described in clause (iv)(II)
</quote>
and inserting
<quote>
described in clause (iv)(I)
</quote>
; and
</text>
</item>
<item id="H8294ADF0A8C44630A2E57473F2680577">
<enum>
(bb)
</enum>
<text>
by striking
<quote>
or (v)
</quote>
; and
</text>
</item>
</subclause>
</clause>
<clause id="H1446DD43408F4E0694C8BE4C92B0F1B2">
<enum>
(ii)
</enum>
<text>
in subparagraph (B), by striking
<quote>
paragraph (2)(C)
</quote>
and inserting
<quote>
paragraph (2)(B)
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HD55FFFD11C4B43F599EA33FC3A37CDF1">
<enum>
(2)
</enum>
<text>
in subsection (c)(1)(A)—
</text>
<subparagraph id="H5FF5F720AADD490C911CDF2A1CE9B5EE">
<enum>
(A)
</enum>
<text>
by amending clause (i) to read as follows:
<quote>
(i) the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsections, other than statewide workforce investment activities; and
</quote>
;
</text>
</subparagraph>
<subparagraph id="HDA2D78942AD44300A50FFED454DE5B4A">
<enum>
(B)
</enum>
<text>
in clause (ii), by striking
<quote>
(b)(2)(C)
</quote>
and inserting
<quote>
(b)(2)(B)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H09F5B54400A14DFEBCB26C313D49BA0A">
<enum>
(C)
</enum>
<text>
by amending paragraph (3) to read as follows:
</text>
<quoted-block id="HCBA6CB2553A5494A826078D0EC613B68" style="OLC">
<paragraph id="H1A4E97C0FB3544F49140CD1AEE6AE8D1">
<enum>
(3)
</enum>
<header>
Determinations
</header>
<text>
In determining such local levels of performance, the local board, the chief elected official, and the Governor shall ensure such levels are adjusted based on the specific economic characteristics (such as unemployment rates and job losses or gains in particular industries), demographic characteristics, or other characteristics of the population to be served in the local area.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H5672061B4F034825A3226E7E6C5BC15E">
<enum>
(3)
</enum>
<text>
in subsection (d)—
</text>
<subparagraph id="H8C53198EADAC438FA75EF0AEF889A025">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="HB8F6E47B98F54068ABCA95DAECE336E4">
<enum>
(i)
</enum>
<text>
by striking
<quote>
127 or
</quote>
;
</text>
</clause>
<clause id="H1A09406C29374B0E96AE13C981745890">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
and the customer satisfaction indicator
</quote>
each place it appears; and
</text>
</clause>
<clause id="H2744B5147D0640A09DE4484B9D183D3E">
<enum>
(iii)
</enum>
<text>
in the last sentence, by inserting before the period the following:
<quote>
, and on the amount and percentage of the State’s annual allotment under section 132 the State spends on administrative costs and on the amount and percentage of its annual allocation under section 133 each local area in the State spends on administrative costs
</quote>
;
</text>
</clause>
</subparagraph>
<subparagraph id="H0D9B2FAB5BFA44A3A1EB4589EE629FB3">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="HA9CD45AC426946828455DA08688C2504">
<enum>
(i)
</enum>
<text>
by striking subparagraphs (A), (B), and (D);
</text>
</clause>
<clause id="HB2ECBC50ABAE486BAC13A56DF4FCB44A">
<enum>
(ii)
</enum>
<text>
by redesignating subparagraph (C) as subparagraph (A);
</text>
</clause>
<clause id="H63075038F7154422AE76C648DADC52AB">
<enum>
(iii)
</enum>
<text>
by redesignating subparagraph (E) as subparagraph (B);
</text>
</clause>
<clause id="H7BCE3C700C3942AD95BEDD0BD2D1A214">
<enum>
(iv)
</enum>
<text>
in subparagraph (B), as so redesignated—
</text>
<subclause id="H047610A4031546A7B53262A739A6F1A9">
<enum>
(I)
</enum>
<text>
by striking
<quote>
(excluding participants who received only self-service and informational activities)
</quote>
; and
</text>
</subclause>
<subclause id="H9E785415577840ECA035E9CCEAF5D852">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
</clause>
<clause id="HBA11326D9FB2459AB1C436F2152B94A4">
<enum>
(v)
</enum>
<text display-inline="yes-display-inline">
by striking subparagraph (F);
</text>
</clause>
<clause id="H6683F468651E4A6AB2D04881AD391C25">
<enum>
(vi)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H08C9E99891BB4D569A69C480BE93CBDB" style="OLC">
<subparagraph id="HB2E95C4E5D294E489FD49727D0D15C3B">
<enum>
(C)
</enum>
<text>
with respect to each local area in the State—
</text>
<clause id="H151EE0742B6E4219B314C56EBDBA3C10">
<enum>
(i)
</enum>
<text>
the number of individuals who received work ready services described under section 134(c)(2) and the number of individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, where the individuals received the training, disaggregated by the type of entity that provided the training, and the amount of funds spent on each type of service;
</text>
</clause>
<clause id="H66BB2ACC4723413FA7636EEF287E7CA2">
<enum>
(ii)
</enum>
<text>
the number of individuals who successfully exited out of work ready services described under section 134(c)(2) and the number of individuals who exited out of training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and
</text>
</clause>
<clause id="H2A8A63F3F1C141D49FFEDAC75CD35D3C">
<enum>
(iii)
</enum>
<text>
the average cost per participant of those individuals who received work ready services described under section 134(c)(2) and the average cost per participant of those individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and
</text>
</clause>
</subparagraph>
<subparagraph id="H410F44451CB94EC1A5B8DA71E3A0BF67">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
the amount of funds spent on training services and discretionary one-stop delivery activities, disaggregated by the populations identified in the State and local plans.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H6F99051D08264D629042B6379CC6028B">
<enum>
(C)
</enum>
<text>
in paragraph (3)(A), by striking
<quote>
through publication
</quote>
and inserting
<quote>
through electronic means
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H7D04931994544AD693BE8346D5CB4244">
<enum>
(D)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H50FDBF2047DD42F380C8E1871793CB4D" style="OLC">
<paragraph id="HF84C01FDD59A43499304AF41C904DB1A">
<enum>
(4)
</enum>
<header>
Data validation
</header>
<text>
In preparing the reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, to ensure the information contained in the report is valid and reliable.
</text>
</paragraph>
<paragraph id="H11C17D8F4C75419695757376616DB270">
<enum>
(5)
</enum>
<header>
State and local policies
</header>
<subparagraph id="HAFE05914835F49C689B90A3E7ECAE00C">
<enum>
(A)
</enum>
<header>
State policies
</header>
<text>
Each State that receives an allotment under section 132 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the State board and make such repository available to the public, including by electronic means.
</text>
</subparagraph>
<subparagraph id="HD23D8F2B789341A790474625EDF0CDCA">
<enum>
(B)
</enum>
<header>
Local policies
</header>
<text>
Each local area that receives an allotment under section 133 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the local board and make such repository available to the public, including by electronic means.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H0558ACE73CAD4D6A9C9E62150E8BDA8F">
<enum>
(4)
</enum>
<text>
in subsection (g)—
</text>
<subparagraph id="HB241FD8887CA4D9284C53831FA449CE5">
<enum>
(A)
</enum>
<text>
in paragraph (1)(A), by striking
<quote>
or (B)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H2BFCA6DA2F1C4789A7AC8322074BD804">
<enum>
(B)
</enum>
<text>
in paragraph (1)(B), by striking
<quote>
may reduce by not more than 5 percent,
</quote>
and inserting
<quote>
shall reduce
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H3FE16397577A4C8D95F4BD1C56FA52F1">
<enum>
(C)
</enum>
<text>
by striking paragraph (2) and inserting the following:
</text>
<quoted-block id="HF3F0A58B133047D6A69D0D2EF72122B4" style="OLC">
<paragraph id="H6FF24B9206BA4DBAB252EA9828B02581">
<enum>
(2)
</enum>
<header>
Funds resulting from reduced allotments
</header>
<text>
The Secretary shall return to the Treasury the amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H5E98D357A0374C70B861905E54667454">
<enum>
(5)
</enum>
<text>
in subsection (h)(1), by striking
<quote>
or (B)
</quote>
;
</text>
</paragraph>
<paragraph id="H1A6A54A784BB4F82AEF08BA13040D7B9">
<enum>
(6)
</enum>
<text>
in subsection (h)(2)—
</text>
<subparagraph id="H56306136AA554BB1B902F11157A3D6C8">
<enum>
(A)
</enum>
<text>
in subparagraph (A), by amending the matter preceding clause (i) to read as follows:
</text>
<quoted-block id="HB7621FD0220141C59ECC28E9A2153958" style="OLC">
<subparagraph id="HDEEE3871D21249E092AE5613A0CF6E71">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
If such failure continues for a second consecutive year, the Governor shall take corrective actions, including the development of a reorganization plan. Such plan shall—
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H6C8739D17AB34F5390B74E7364BB950E">
<enum>
(B)
</enum>
<text>
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;
</text>
</subparagraph>
<subparagraph id="HCFDB541E09A6476ABCF23B8E97E17922">
<enum>
(C)
</enum>
<text>
by inserting after subparagraph (A), the following:
</text>
<quoted-block id="H0D76B5B1469144FEB66BD93DCBEA76D2" style="OLC">
<subparagraph id="H2164FAAAB3A2470D83323BF515546552">
<enum>
(B)
</enum>
<header>
Reduction in the amount of grant
</header>
<text>
If such failure continues for a third consecutive year, the Governor of a State shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H78F2EE1F8D3F486E8FDEF0743AB44C1F">
<enum>
(D)
</enum>
<text>
in subparagraph (C)(i) (as so redesignated), by striking
<quote>
a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan
</quote>
and inserting
<quote>
corrective actions under subparagraphs (A) and (B) may, not later than 30 days after receiving notice of the actions, appeal to the Governor to rescind or revise such actions
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H6FFF763A8F8D4B8BB4CE2652B9AD7700">
<enum>
(E)
</enum>
<text>
in subparagraph (D) (as so redesignated), by striking
<quote>
subparagraph (B)
</quote>
each place it appears and inserting
<quote>
subparagraph (C)
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H4E843BAD86A749288B054F810278B562">
<enum>
(7)
</enum>
<text>
in subsection (i)(1)(B), by striking
<quote>
subsection (b)(2)(C)
</quote>
and inserting
<quote>
subsection (b)(2)(B)
</quote>
;
</text>
</paragraph>
<paragraph id="H18087217BB434DBFB2B1FFD7AB323C96">
<enum>
(8)
</enum>
<text>
in subsection (i)(1)(C), by striking
<quote>
(b)(3)(A)(vi)
</quote>
and inserting
<quote>
(b)(3)(A)(v)
</quote>
;
</text>
</paragraph>
<paragraph id="HC3788F54CAA84E9E982FCCA9AEA4C2FC">
<enum>
(9)
</enum>
<text>
in subsection (i)(2), by striking
<quote>
the activities described in section 502 concerning
</quote>
;
</text>
</paragraph>
<paragraph id="HE4C3A4FF40AC43B68F79C1FAC654325B">
<enum>
(10)
</enum>
<text>
in subsection (i)(3), by striking
<quote>
described in paragraph (1) and in the activities described in section 502
</quote>
and inserting
<quote>
and activities described in this subsection
</quote>
; and
</text>
</paragraph>
<paragraph id="H4970DB1512954AE18A5CDB01D5C6788E">
<enum>
(11)
</enum>
<text>
by adding at the end the following new subsections:
</text>
<quoted-block display-inline="no-display-inline" id="HB1B0109B5AE2492EB48EB73B959D3A96" style="OLC">
<subsection id="HE03979D9669D4317B8AB2A447C96C0BA">
<enum>
(j)
</enum>
<header>
Use of core indicators for other programs
</header>
<text>
In addition to the programs carried out under chapter 5, and consistent with the requirements of the applicable authorizing laws, the Secretary shall use the core indicators of performance described in subsection (b)(2)(A) to assess the effectiveness of the programs described under section 121(b)(1)(B) that are carried out by the Secretary.
</text>
</subsection>
<subsection id="H070DF645441B4563B3B6444A3DAB1E32">
<enum>
(k)
</enum>
<header>
Establishing pay-for-performance incentives
</header>
<paragraph id="H547ECE625D5D4648B2F2252FE3524679">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
At the discretion of the Governor of a State, a State may establish an incentive system for local boards to implement pay-for-performance contract strategies for the delivery of employment and training services in the local areas served by the local boards.
</text>
</paragraph>
<paragraph id="H2ECC37CC176049BAACD47050DAD00818">
<enum>
(2)
</enum>
<header>
Implementation
</header>
<text>
A State that establishes a pay-for-performance incentive system shall reserve not more than 10 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to provide funds to local areas in the State whose local boards have implemented a pay-for-performance contract strategy.
</text>
</paragraph>
<paragraph id="H0251B0A3E4D9463DA74DBB295D0CB233">
<enum>
(3)
</enum>
<header>
Evaluations
</header>
<text>
A State described in paragraph (2) shall use funds reserved by the State under section 133(a)(1) to evaluate the return on investment of pay-for-performance contract strategies implemented by local boards in the State.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H86773961D0884570B0AB64C5BAB9323F">
<enum>
115.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
Section 137 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2872">
29 U.S.C. 2872
</external-xref>
) is amended to read as follows:
</text>
<quoted-block id="H118D0D4AA0FC4765AE94EC85B285625C" style="OLC">
<section commented="no" id="HE1842CC05B4245AF81E28CB5897646FF">
<enum>
137.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
There are authorized to be appropriated to carry out the activities described in section 132, $6,245,318,000 for fiscal year 2014 and each of the 6 succeeding fiscal years.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
<subtitle id="H6431FE9CDC904D33A7AA54256C5C80D1">
<enum>
C
</enum>
<header>
Job Corps
</header>
<section id="H12C5B3B1E85840FE83EBE25B7660E66F">
<enum>
116.
</enum>
<header>
Job Corps purposes
</header>
<text display-inline="no-display-inline">
Paragraph (1) of section 141 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2881">
29 U.S.C. 2881(1)
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H1B7D98D3CF1540D2AC9D5502A0A1C06E" style="OLC">
<paragraph id="H2C76ACC0764042A68E2B7B4A3769F4E0">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
to maintain a national Job Corps program for at-risk youth, carried out in partnership with States and communities, to assist eligible youth to connect to the workforce by providing them with intensive academic, career and technical education, and service-learning opportunities, in residential and nonresidential centers, in order for such youth to obtain regular secondary school diplomas and recognized postsecondary credentials leading to successful careers in in-demand industries that will result in opportunities for advancement;
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H54F7E71416D74D03B34A2ADA8A98833B">
<enum>
117.
</enum>
<header>
Job Corps definitions
</header>
<text display-inline="no-display-inline">
Section 142 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2882">
29 U.S.C. 2882
</external-xref>
) is amended—
</text>
<paragraph id="HCEEBC5F06F074AE6963AAF21CC7076BB">
<enum>
(1)
</enum>
<text>
in paragraph (2)—
</text>
<subparagraph id="H351705CED0DE474792A9D2A7997DA38D">
<enum>
(A)
</enum>
<text>
in the paragraph heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
Applicable one-stop
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
One-stop
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="H33CD2032CE9543A6A8610F745D681A00">
<enum>
(B)
</enum>
<text>
by striking
<quote>
applicable
</quote>
;
</text>
</subparagraph>
<subparagraph id="H2166E024048B4D3B89C99E6972212035">
<enum>
(C)
</enum>
<text>
by striking
<quote>
customer service
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H7505C6D4A73549E199224B74431BDD9A">
<enum>
(D)
</enum>
<text>
by striking
<quote>
intake
</quote>
and inserting
<quote>
assessment
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H7109B44BD84D471CA27BD97A17DE1D8D">
<enum>
(2)
</enum>
<text>
in paragraph (4), by striking
<quote>
before completing the requirements
</quote>
and all that follows and inserting
<quote>
prior to becoming a graduate.
</quote>
; and
</text>
</paragraph>
<paragraph id="H453F3A6B0B39487AB4EFE7D6053AA733">
<enum>
(3)
</enum>
<text>
in paragraph (5), by striking
<quote>
has completed the requirements
</quote>
and all that follows and inserting the following:
<quote>
who, as a result of participation in the Job Corps program, has received a regular secondary school diploma, completed the requirements of a career and technical education and training program, or received, or is making satisfactory progress (as defined under section 484(c) of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1091">
20 U.S.C. 1091(c)
</external-xref>
) toward receiving, a recognized postsecondary credential, including an industry-recognized credential that prepares individuals for employment leading to economic self-sufficiency.
</quote>
.
</text>
</paragraph>
</section>
<section id="H0C85403A71A242E4A1EFA9E25CD157AC">
<enum>
118.
</enum>
<header>
Individuals eligible for the Job Corps
</header>
<text display-inline="no-display-inline">
Section 144 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2884">
29 U.S.C. 2884
</external-xref>
) is amended—
</text>
<paragraph id="H44A9014DD26D4114BE90B7460221AF5B">
<enum>
(1)
</enum>
<text>
by amending paragraph (1) to read as follows:
</text>
<quoted-block id="HE41096361D36465091217C48E40FED94" style="OLC">
<paragraph id="H2E8904954F1A46F2BDE39C9D7A0B2EC0">
<enum>
(1)
</enum>
<text>
not less than age 16 and not more than age 24 on the date of enrollment;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HA513BB4B25474F9392520DF2BD8DCFB3">
<enum>
(2)
</enum>
<text>
in paragraph (3)(B), by inserting
<quote>
secondary
</quote>
before
<quote>
school
</quote>
; and
</text>
</paragraph>
<paragraph id="H0B9EB0CDE2124AE59F8BC2425C192E60">
<enum>
(3)
</enum>
<text>
in paragraph (3)(E), by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and technical education and
</quote>
.
</text>
</paragraph>
</section>
<section id="HC016F2977B8C409FA9408D1F67B97D86">
<enum>
119.
</enum>
<header>
Recruitment, screening, selection, and assignment of enrollees
</header>
<text display-inline="no-display-inline">
Section 145 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2885">
29 U.S.C. 2885
</external-xref>
) is amended—
</text>
<paragraph id="H0CFEF0AA6A004B2EB5C610054E17351C">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="HC665A5E5C67242288355B701A3FF43A3">
<enum>
(A)
</enum>
<text>
in paragraph (2)(C)(i) by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and technical education and training
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H88BE0ED2A7B548679FCECA4BA0BD6F5F">
<enum>
(B)
</enum>
<text>
in paragraph (3)—
</text>
<clause id="HBAB0AE92DE144CCAAD59383E28630F98">
<enum>
(i)
</enum>
<text>
by striking
<quote>
To the extent practicable, the
</quote>
and inserting
<quote>
The
</quote>
;
</text>
</clause>
<clause id="HB051C8C383F145B1944DCD7502D59FC5">
<enum>
(ii)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="H6AFA4C6CA1C24D969C1519E5C51307BC">
<enum>
(I)
</enum>
<text>
by striking
<quote>
applicable
</quote>
; and
</text>
</subclause>
<subclause id="HAB7414B83A6E4195895B2718F39CC3AE">
<enum>
(II)
</enum>
<text>
by inserting
<quote>
and
</quote>
after the semicolon;
</text>
</subclause>
</clause>
<clause id="H3EBCB96DB6C0408092098B17D287D25F">
<enum>
(iii)
</enum>
<text>
by striking subparagraphs (B) and (C); and
</text>
</clause>
<clause id="H8D91306F9A814DFC95BF8752EFA2AED8">
<enum>
(iv)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HD03969E122E84C929B22F6F7EE16AEDF" style="OLC">
<subparagraph id="HBDE0ACD728934126914249CC2A027FAD">
<enum>
(B)
</enum>
<text>
organizations that have a demonstrated record of effectiveness in placing at-risk youth into employment.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H6F7E2665A58A40C8AAE5FC3AA07AD3CA">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="HA05915DF548D4931B8F7BD1D145BBAE8">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="H2DBDA0516AEE47B39903C487EFD37429">
<enum>
(i)
</enum>
<text>
in subparagraph (B), by inserting
<quote>
and agrees to such rules
</quote>
after
<quote>
failure to observe the rules
</quote>
; and
</text>
</clause>
<clause id="H916E5375E3F94FCE842EDD4FE69FE978">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
by amending subparagraph (C) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HECAA42E811814323BEA5810FD59846AF" style="OLC">
<subparagraph id="HBC586F67B5324C5784011074AB409F11">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the individual has passed a background check conducted in accordance with procedures established by the Secretary, which shall include—
</text>
<clause id="H4A6A14092B984B9BB37F03480ADD6C47">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
a search of the State criminal registry or repository in the State where the individual resides and each State where the individual previously resided;
</text>
</clause>
<clause id="H6DA1BF2162B64C6899F55E3E52F34D78">
<enum>
(ii)
</enum>
<text>
a search of State-based child abuse and neglect registries and databases in the State where the individual resides and each State where the individual previously resided;
</text>
</clause>
<clause id="H9572F86399A74A9696168E961C3097AD">
<enum>
(iii)
</enum>
<text>
a search of the National Crime Information Center;
</text>
</clause>
<clause id="H9D85E54FAF694D798D9924FE4E6ACD24">
<enum>
(iv)
</enum>
<text>
a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and
</text>
</clause>
<clause id="H15C2A5B760574CA1B8A3905DFC6CC946">
<enum>
(v)
</enum>
<text>
a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/42/16901">
42 U.S.C. 16901 et seq.
</external-xref>
).
</text>
</clause>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H1A5AACE2B8E34B61A9C127D0CC97E1AF">
<enum>
(B)
</enum>
<text>
by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HF99359029995449FB67BB1365E5AB2C4" style="OLC">
<paragraph id="H77417A54945941C191A107CDF6BB35E6">
<enum>
(3)
</enum>
<header>
Individuals convicted of a crime
</header>
<text display-inline="yes-display-inline">
An individual shall be ineligible for enrollment if the individual—
</text>
<subparagraph id="H80EB274C19B74E1584AA7ED78974184A">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
makes a false statement in connection with the criminal background check described in paragraph (1)(C);
</text>
</subparagraph>
<subparagraph id="HDD8B4C7C536F4ED8BF49082073EAF719">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
is registered or is required to be registered on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/42/16901">
42 U.S.C. 16901 et seq.
</external-xref>
); or
</text>
</subparagraph>
<subparagraph id="HCFFEE873C0FA43159EC9B0831A6F6B3F">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
has been convicted of a felony consisting of—
</text>
<clause id="HFC719726E0BD4EF588D9A7C8EC9AFBDB">
<enum>
(i)
</enum>
<text>
homicide;
</text>
</clause>
<clause id="H413AD483EA5F446B8326FD44576E42C2">
<enum>
(ii)
</enum>
<text>
child abuse or neglect;
</text>
</clause>
<clause id="HF0CAA275C7484D9E94558337F329E0FC">
<enum>
(iii)
</enum>
<text>
a crime against children, including child pornography;
</text>
</clause>
<clause id="H3F709F368E79418EA05013684CC3C28F">
<enum>
(iv)
</enum>
<text>
a crime involving rape or sexual assault; or
</text>
</clause>
<clause id="HBE4C9C486D6F4799BE0006D9B21F3D62">
<enum>
(v)
</enum>
<text>
physical assault, battery, or a drug-related offense, committed within the past 5 years.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H7D52D7D113B14C0EA3F4CAA97291D8ED">
<enum>
(3)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="H2CDCA63C838E47469D3F9D4C05F2E63B">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="H9F8B195444C14236A229F6856F1F037B">
<enum>
(i)
</enum>
<text>
by striking
<quote>
2 years
</quote>
and inserting
<quote>
year
</quote>
; and
</text>
</clause>
<clause id="H553729DD47B448CFA0F61D0491AC8F46">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
an assignment
</quote>
and inserting
<quote>
a
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="HEA6395BA6C6841C990748816D495D2EC">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="H17E06F8C011E4BD6BFC2BB64572AD10E">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
, every 2 years,
</quote>
;
</text>
</clause>
<clause id="HF462903F19B94168B4BF2AAEEA6B19BA">
<enum>
(ii)
</enum>
<text>
in subparagraph (B), by striking
<quote>
and
</quote>
at the end; and
</text>
</clause>
<clause id="HA1DFC7931F3F47179F0E071231873704">
<enum>
(iii)
</enum>
<text>
in subparagraph (C)—
</text>
<subclause id="H2F06B8E148134C1A83721DF50C66687C">
<enum>
(I)
</enum>
<text>
by inserting
<quote>
the education and training
</quote>
after
<quote>
including
</quote>
; and
</text>
</subclause>
<subclause id="H3C2D44DF84D742F0B0A7C3E3A1F396A3">
<enum>
(II)
</enum>
<text>
by striking the period at the end and inserting
<quote>
; and
</quote>
; and
</text>
</subclause>
</clause>
<clause display-inline="no-display-inline" id="H3DD57D2756154B7683B0AAEA94A93824">
<enum>
(iv)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H4EF6980B5D7F486AAE8AD04633722A83" style="OLC">
<subparagraph id="HD9DDB28C8E724574AF9F0BDD1B87EEF3">
<enum>
(D)
</enum>
<text>
the performance of the Job Corps center relating to the indicators described in paragraphs (1) and (2) in section 159(c), and whether any actions have been taken with respect to such center pursuant to section 159(f).
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H869099BA7B7049F7AB11D3BF444CA83D">
<enum>
(4)
</enum>
<text>
in subsection (d)—
</text>
<subparagraph id="H9A020B9F30114A2CBC68BBFEECC1DFE0">
<enum>
(A)
</enum>
<text>
in paragraph (1)—
</text>
<clause id="H0828B38F67B54CBDA3C58301A1CE4AFD">
<enum>
(i)
</enum>
<text>
in the matter preceding subparagraph (A), by striking
<quote>
is closest to the home of the enrollee, except that the
</quote>
and inserting
<quote>
offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The
</quote>
;
</text>
</clause>
<clause id="H3E244A3F3C894150B150014C28580CD5">
<enum>
(ii)
</enum>
<text>
by striking subparagraph (A); and
</text>
</clause>
<clause id="HE5597639C77346B9AD723FD73C97FDA2">
<enum>
(iii)
</enum>
<text>
by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="HB1297FE965C341209B56D80C557A3C1B">
<enum>
(B)
</enum>
<text>
in paragraph (2), by inserting
<quote>
that offers the career and technical education and training desired by
</quote>
after
<quote>
home of the enrollee
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H4FDBD0AD1AD94DEDABCA6479333C8FD6">
<enum>
120.
</enum>
<header>
Job Corps centers
</header>
<text display-inline="no-display-inline">
Section 147 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2887">
29 U.S.C. 2887
</external-xref>
) is amended—
</text>
<paragraph id="H0FA8D020A5974B80B55920D90F65F4FA">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="HF9E63C94A7E24529BD6E2474AFF7AF72">
<enum>
(A)
</enum>
<text>
in paragraph (1)(A), by striking
<quote>
vocational
</quote>
both places it appears and inserting
<quote>
career and technical
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HC8AD06671D5F46CB8DF9435EC321B19E">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="HEC23A5F7F2FA4453ABE03E589D323C27">
<enum>
(i)
</enum>
<text>
in subparagraph (A)—
</text>
<subclause id="H2A53C8BF928D47A18D9966B0F098F695">
<enum>
(I)
</enum>
<text>
by striking
<quote>
subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 (
<external-xref legal-doc="usc" parsable-cite="usc/41/253">
41 U.S.C. 253
</external-xref>
)
</quote>
and inserting
<quote>
subsections (a) and (b) of
<external-xref legal-doc="usc" parsable-cite="usc/41/3304">
section 3304
</external-xref>
of title 41, United States Code
</quote>
; and
</text>
</subclause>
<subclause id="H776A460662F3466AA4B184A8DA5BFAC1">
<enum>
(II)
</enum>
<text>
by striking
<quote>
industry council
</quote>
and inserting
<quote>
workforce council
</quote>
;
</text>
</subclause>
</clause>
<clause id="H49B47F0031FE436298CCDAC7ACAB255E">
<enum>
(ii)
</enum>
<text>
in subparagraph (B)(i)—
</text>
<subclause id="H3918C4C86B254D24B69EFC1A9DFC8B0C">
<enum>
(I)
</enum>
<text>
by amending subclause (II) to read as follows:
</text>
<quoted-block id="H3642A51A9DB94F919722C27F4B0BC9D8" style="OLC">
<subclause id="H4F5861AC86EF446B9021C7E9C73190CC">
<enum>
(II)
</enum>
<text>
the ability of the entity to offer career and technical education and training that the workforce council proposes under section 154(c);
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H1AF79B2E1AC74CD990D995F1959FC548">
<enum>
(II)
</enum>
<text>
in subclause (III), by striking
<quote>
is familiar with the surrounding communities, applicable
</quote>
and inserting
<quote>
demonstrates relationships with the surrounding communities, employers, workforce boards,
</quote>
and by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
<subclause id="HD5180CC547B6456B94DE0DD6231E768B">
<enum>
(III)
</enum>
<text>
by amending subclause (IV) to read as follows:
</text>
<quoted-block id="HDCD5AF7A8E484BBE829710F63D710FD3" style="OLC">
<subclause id="HDE0628941AC64F27996CD22CC378C823">
<enum>
(IV)
</enum>
<text>
the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity’s demonstrated effectiveness in assisting individuals in achieving the primary and secondary indicators of performance described in paragraphs (1) and (2) of section 159(c); and
</text>
</subclause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
<subclause id="H15ED9B545939418485B639F542F0E428">
<enum>
(IV)
</enum>
<text>
by adding at the end the following new subclause:
</text>
<quoted-block id="HD94BAEDD15E64A4FBFA09C8DF25029CE" style="OLC">
<subclause id="H78E2D29E549E48CD89C3E05FA37F8C36">
<enum>
(V)
</enum>
<text>
the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including by providing them with intensive academic, and career and technical education and training.
</text>
</subclause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="HD6709819786D43DFB1E9940EEDD2CEC8">
<enum>
(iii)
</enum>
<text>
in subparagraph (B)(ii), by striking
<quote>
, as appropriate
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H968C1F7BECF145FA997DF2C177E5B5EF">
<enum>
(2)
</enum>
<text>
in subsection (b), by striking
<quote>
In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps.
</quote>
;
</text>
</paragraph>
<paragraph id="HF524DC3FABC54FCEAAF3BCA49649B72D">
<enum>
(3)
</enum>
<text>
by amending subsection (c) to read as follows:
</text>
<quoted-block id="HDCF96E66D7694B16B86CBA9A65087C98" style="OLC">
<subsection id="H8A4426D9D256492394C21AEC8A38D9D8">
<enum>
(c)
</enum>
<header>
Civilian conservation centers
</header>
<paragraph id="HF2604CC1F55745D2B841B251159CB3DC">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall adhere to all the provisions of this subtitle, and shall provide, in addition to education, career and technical education and training, and workforce preparation skills training described in section 148, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest.
</text>
</paragraph>
<paragraph id="H0AD9ADDEB5F7412B9155646EB1B0A62E">
<enum>
(2)
</enum>
<header>
Selection process
</header>
<text>
The Secretary shall select an entity that submits an application under subsection (d) to operate a Civilian Conservation Center on a competitive basis, as provided in subsection (a).
</text>
</paragraph>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H1448108470394716A3A24E81395F2A5A">
<enum>
(4)
</enum>
<text>
by striking subsection (d) and inserting the following:
</text>
<quoted-block id="H59C539AB6BB54D66BADA26DB2D06C586" style="OLC">
<subsection id="H320CC8191F86400EBD9AC39785128DC1">
<enum>
(d)
</enum>
<header>
Application
</header>
<text>
To be eligible to operate a Job Corps center under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including—
</text>
<paragraph id="H394FDB1D4D374B088673E805B6EA9181">
<enum>
(1)
</enum>
<text>
a description of the program activities that will be offered at the center, including how the career and technical education and training reflect State and local employment opportunities, including in in-demand industries;
</text>
</paragraph>
<paragraph id="H53DD66F4DF2348C3A1ABA363C6BDFD93">
<enum>
(2)
</enum>
<text>
a description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment upon completion of the program;
</text>
</paragraph>
<paragraph id="H2F8B3F9A292B494799678ED35450ECED">
<enum>
(3)
</enum>
<text>
a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment, including past performance of operating a Job Corps center under this subtitle;
</text>
</paragraph>
<paragraph id="HDEB56AD305D54E1EA447E0B000E2CF52">
<enum>
(4)
</enum>
<text>
a description of the relationships that the entity has developed with State and local workforce boards, employers, State and local educational agencies, and the surrounding communities in an effort to promote a comprehensive statewide workforce investment system;
</text>
</paragraph>
<paragraph id="HEEA391D46A8A46C1A341CA5091FD3C84">
<enum>
(5)
</enum>
<text>
a description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a);
</text>
</paragraph>
<paragraph id="HBA07380BAAFE4AE099E24E1E6C672182">
<enum>
(6)
</enum>
<text>
a description of the strategies and policies the entity will utilize to reduce participant costs;
</text>
</paragraph>
<paragraph id="HDB36B1C356A34BBF875FA43F8F49EFF2">
<enum>
(7)
</enum>
<text>
a description of the steps taken to control costs in accordance with section 159(a)(3);
</text>
</paragraph>
<paragraph id="H062719EB5D774363A5D49E6A59F59477">
<enum>
(8)
</enum>
<text>
a detailed budget of the activities that will be supported using funds under this subtitle;
</text>
</paragraph>
<paragraph id="H5BA9E01942E4402B92E4707E235CBA4E">
<enum>
(9)
</enum>
<text>
a detailed budget of the activities that will be supported using funds from non-Federal resources;
</text>
</paragraph>
<paragraph id="HCB34C4D64158460F9108760D8E8D5C64">
<enum>
(10)
</enum>
<text>
an assurance the entity will comply with the administrative cost limitation included in section 151(c);
</text>
</paragraph>
<paragraph id="H848906BA66A04F43BE236433DB1FAA16">
<enum>
(11)
</enum>
<text>
an assurance the entity is licensed to operate in the State in which the center is located; and
</text>
</paragraph>
<paragraph id="H97920F7B4BDF41C98E9E71BA72FC5148">
<enum>
(12)
</enum>
<text>
an assurance the entity will comply with and meet basic health and safety codes, including those measures described in section 152(b).
</text>
</paragraph>
</subsection>
<subsection id="HF5FA4BA571474395852ABFEDA2A9FFAD">
<enum>
(e)
</enum>
<header>
Length of agreement
</header>
<text>
The agreement described in subsection (a)(1)(A) shall be for not longer than a 2-year period. The Secretary may renew the agreement for 3 one-year periods if the entity meets the requirements of subsection (f).
</text>
</subsection>
<subsection id="H93B863D592354D84BBFD26F137C4119B">
<enum>
(f)
</enum>
<header>
Renewal
</header>
<paragraph id="H9F67CC48ADCA48BCB5DD9298C0B3C8F2">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Subject to paragraph (2), the Secretary may renew the terms of an agreement described in subsection (a)(1)(A) for an entity to operate a Job Corps center if the center meets or exceeds each of the indicators of performance described in section 159(c)(1).
</text>
</paragraph>
<paragraph id="H46C38FB5180B4A8B9D08D3C6A5C4BA7D">
<enum>
(2)
</enum>
<header>
Recompetition
</header>
<subparagraph id="HB2F8C801E6F74D7598664066B5F2E225">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Notwithstanding paragraph (1), the Secretary shall not renew the terms of the agreement for an entity to operate a Job Corps center if such center is ranked in the bottom quintile of centers described in section 159(f)(2) for any program year. Such entity may submit a new application under subsection (d) only if such center has shown significant improvement on the indicators of performance described in section 159(c)(1) over the last program year.
</text>
</subparagraph>
<subparagraph id="HDF64E0BFD41045AB9F9B674930A0B7CF">
<enum>
(B)
</enum>
<header>
Violations
</header>
<text>
The Secretary shall not select an entity to operate a Job Corps center if such entity or such center has been found to have a systemic or substantial material failure that involves—
</text>
<clause id="H4DA50AA89302430290EA02B762F834C7">
<enum>
(i)
</enum>
<text>
a threat to the health, safety, or civil rights of program participants or staff;
</text>
</clause>
<clause id="HAE402393E6A6441B9AB6384CC585CA46">
<enum>
(ii)
</enum>
<text>
the misuse of funds received under this subtitle;
</text>
</clause>
<clause id="HA3C2E4B4E54642CEB9B1B48D982A03D1">
<enum>
(iii)
</enum>
<text>
loss of legal status or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds;
</text>
</clause>
<clause id="HA12252A3B60241A994BBFD86EBE7C5B0">
<enum>
(iv)
</enum>
<text>
failure to meet any other Federal or State requirement that the entity has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified; or
</text>
</clause>
<clause id="H2D57038FAEB2412A85FBF49FFF9641B3">
<enum>
(v)
</enum>
<text>
an unresolved area of noncompliance.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HA9AB113720074305B814E9172E4A3732">
<enum>
(g)
</enum>
<header>
Current grantees
</header>
<text display-inline="yes-display-inline">
Not later than 60 days after the date of enactment of the SKILLS Act and notwithstanding any previous grant award or renewals of such award under this subtitle, the Secretary shall require all entities operating a Job Corps center under this subtitle to submit an application under subsection (d) to carry out the requirements of this section.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H9A8D4AA497654A39A42E3AA9E5645376">
<enum>
121.
</enum>
<header>
Program activities
</header>
<text display-inline="no-display-inline">
Section 148 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2888">
29 U.S.C. 2888
</external-xref>
) is amended—
</text>
<paragraph id="H19B11EF0B5E54FB5AFDD1BEF16CCFC38">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
by amending subsection (a) to read as follows:
</text>
<quoted-block id="H0EE5B2A83FFB4879AE8F4F462C0611AB" style="OLC">
<subsection id="H36EC18DF63A447A4A6497A83AEFF1BE6">
<enum>
(a)
</enum>
<header>
Activities provided through job corps centers
</header>
<paragraph id="H86027AC699584BA9971AFF19B359F6F7">
<enum>
(1)
</enum>
<header>
In General
</header>
<text>
Each Job Corps center shall provide enrollees with an intensive, well-organized, and supervised program of education, career, and technical education and training, work experience, recreational activities, physical rehabilitation and development, and counseling. Each Job Corps center shall provide enrollees assigned to the center with access to work-ready services described in section 134(c)(2).
</text>
</paragraph>
<paragraph id="H7476DBCA7BB245498F7242F686D8F78A">
<enum>
(2)
</enum>
<header>
Relationship to opportunities
</header>
<subparagraph id="H3BAA59DB5DF744DBBB08AB9CF5388091">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment—
</text>
<clause id="HD170173B1842436AA5714F17A350442D">
<enum>
(i)
</enum>
<text>
secure and maintain meaningful unsubsidized employment;
</text>
</clause>
<clause id="H47B7D5A432DD4BCCAAC77F4633ADEEFF">
<enum>
(ii)
</enum>
<text>
complete secondary education and obtain a regular secondary school diploma;
</text>
</clause>
<clause id="H27F9786782314A5EA42C9C6513BAA8F8">
<enum>
(iii)
</enum>
<text>
enroll in and complete postsecondary education or training programs, including obtaining recognized postsecondary credentials, industry-recognized credentials, and registered apprenticeships; or
</text>
</clause>
<clause id="H202EC13EB5C348B7A655E5D23E880295">
<enum>
(iv)
</enum>
<text>
satisfy Armed Forces requirements.
</text>
</clause>
</subparagraph>
<subparagraph id="H12A02D323B2040EC8CE984095C98B80C">
<enum>
(B)
</enum>
<header>
Link to employment opportunities
</header>
<text>
The career and technical education and training provided shall be linked to the employment opportunities in in-demand industries in the State in which the Job Corps center is located.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HE53E05D4F39445CEBB7E3A6443C2D156">
<enum>
(2)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="HA0D1B79C7D08490FB20468E69510523E">
<enum>
(A)
</enum>
<text>
in the subsection heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
Education and Vocational
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
Academic and Career and Technical Education and
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="HE552ABEC5F1D451D9B3165722FBE4C95">
<enum>
(B)
</enum>
<text>
by striking
<quote>
may
</quote>
after
<quote>
The Secretary
</quote>
and inserting
<quote>
shall
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HEBC3D20689794ACAA6EDCDBAD563BDA6">
<enum>
(C)
</enum>
<text>
by striking
<quote>
vocational
</quote>
each place it appears and inserting
<quote>
career and technical
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H5BBD052ABEBD422BBFED397EA643A5D7">
<enum>
(3)
</enum>
<text>
by amending paragraph (3) of subsection (c) to read as follows:
</text>
<quoted-block id="HFEEAEB1109554EFB8405EDD02B9B904B" style="OLC">
<paragraph id="H13EC3315859C4969AC588C1A6B48602C">
<enum>
(3)
</enum>
<header>
Demonstration
</header>
<text>
Each year, any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that—
</text>
<subparagraph id="H73B81DA8F189464E979163C00304142F">
<enum>
(A)
</enum>
<text>
participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and
</text>
</subparagraph>
<subparagraph id="H520120C1906949B784D371952FEDE80D">
<enum>
(B)
</enum>
<text>
such operator has met or exceeded the indicators of performance described in paragraphs (1) and (2) of section 159(c) for the previous year.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H8F7426066AD34A1C945544344F1D93A8">
<enum>
122.
</enum>
<header>
Counseling and job placement
</header>
<text display-inline="no-display-inline">
Section 149 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2889">
29 U.S.C. 2889
</external-xref>
) is amended—
</text>
<paragraph id="HFBDC17C67B3B4C8291BB9C84092DAB74">
<enum>
(1)
</enum>
<text>
in subsection (a), by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and technical education and
</quote>
;
</text>
</paragraph>
<paragraph id="HC3CEB36177FE486F875AA03C8893E2FD">
<enum>
(2)
</enum>
<text>
in subsection (b), by striking
<quote>
make every effort to arrange to
</quote>
; and
</text>
</paragraph>
<paragraph id="H5A1F7F6F6BAC4337BADD3E2E559B1956">
<enum>
(3)
</enum>
<text>
by striking subsection (d).
</text>
</paragraph>
</section>
<section id="H7BAD333503C4473C9F47105F9E8BC509">
<enum>
123.
</enum>
<header>
Support
</header>
<text display-inline="no-display-inline">
Subsection (b) of section 150 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2890">
29 U.S.C. 2890
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HF24914C9149542E3B789AF271AE236BF" style="OLC">
<subsection id="H0A0E8FA450F94751AE503167C335A55A">
<enum>
(b)
</enum>
<header>
Transition allowances and support for graduates
</header>
<text display-inline="yes-display-inline">
The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of a recognized postsecondary credential, including an industry-recognized credential.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H0624CDEFF5BF424ABE0B36A89A63B7ED">
<enum>
124.
</enum>
<header>
Operations
</header>
<text display-inline="no-display-inline">
Section 151 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2891">
29 U.S.C. 2891
</external-xref>
) is amended—
</text>
<paragraph id="H283A938901514B89AFDD5E148420B8C6">
<enum>
(1)
</enum>
<text>
in the header, by striking
<quote>
<header-in-text level="section" style="OLC">
Operating plan
</header-in-text>
.
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
Operations
</header-in-text>
.
</quote>
;
</text>
</paragraph>
<paragraph id="H41140DA546E9456A8CFDB695B67B5EBA">
<enum>
(2)
</enum>
<text>
in subsection (a), by striking
<quote>
<header-in-text level="subsection" style="OLC">
In General.
</header-in-text>
—
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
Operating Plan.
</header-in-text>
—
</quote>
;
</text>
</paragraph>
<paragraph id="H4DD0EBC1A82342B39A692B3F390FB327">
<enum>
(3)
</enum>
<text>
by striking subsection (b) and redesignating subsection (c) as subsection (b);
</text>
</paragraph>
<paragraph id="H3E2DFF53D89448608BE50DDF2FA62FF6">
<enum>
(4)
</enum>
<text>
by amending subsection (b) (as so redesignated)—
</text>
<subparagraph id="H4EDD79C5E008473D81E5269010185C74">
<enum>
(A)
</enum>
<text>
in the heading by inserting
<quote>
<header-in-text level="subsection" style="OLC">
of Operating Plan
</header-in-text>
</quote>
after
<quote>
<header-in-text level="subsection" style="OLC">
Availability
</header-in-text>
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HBC92E8B5AA454BE696B291673310F6CD">
<enum>
(B)
</enum>
<text>
by striking
<quote>
subsections (a) and (b)
</quote>
and inserting
<quote>
subsection (a)
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H14C197C9D58C437182C0AFA5F519AF54">
<enum>
(5)
</enum>
<text>
by adding at the end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H3823DE8B62CC4D07B31F168C2DC0DA09" style="OLC">
<subsection id="HE9952F12D8394324B8F4A4C96F1E783D">
<enum>
(c)
</enum>
<header>
Administrative costs
</header>
<text display-inline="yes-display-inline">
Not more than 10 percent of the funds allotted under section 147 to an entity selected to operate a Job Corps center may be used by the entity for administrative costs under this subtitle.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HAB8D723D43384F3AAA383E0F163CBA49">
<enum>
125.
</enum>
<header>
Community participation
</header>
<text display-inline="no-display-inline">
Section 153 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2893">
29 U.S.C. 2893
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H6081222AF8484ED29D56704046318BF7" style="OLC">
<section id="H6820D183B5894F8F81A019364E4A224C">
<enum>
153.
</enum>
<header>
Community participation
</header>
<text display-inline="no-display-inline">
The director of each Job Corps center shall encourage and cooperate in activities to establish a mutually beneficial relationship between Job Corps centers in the State and nearby communities. Such activities may include the use of any local workforce development boards established under section 117 to provide a mechanism for joint discussion of common problems and for planning programs of mutual interest.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H335BA505BD154A5784C67BC2A4E47F7A">
<enum>
126.
</enum>
<header>
Workforce councils
</header>
<text display-inline="no-display-inline">
Section 154 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2894">
29 U.S.C. 2894
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H43A951E2CAF14A68A5A216D57EE2A744" style="OLC">
<section id="H98F837AD446E42B29DCF2D9413720547">
<enum>
154.
</enum>
<header>
Workforce councils
</header>
<subsection id="HF7E21369FFD546649A64DD85CFF2CF8C">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Each Job Corps center shall have a workforce council appointed by the Governor of the State in which the Job Corps center is located.
</text>
</subsection>
<subsection id="H5956D309AF37449BBE077572A0BD85AA">
<enum>
(b)
</enum>
<header>
Workforce council composition
</header>
<paragraph id="H52FC07CEB39245EFBCAAEA26323DEFC7">
<enum>
(1)
</enum>
<header>
In General
</header>
<text>
A workforce council shall be comprised of—
</text>
<subparagraph id="H12087A43ABAA4E7CBFF9B31AA5C06E2E">
<enum>
(A)
</enum>
<text>
business members of the State board described in section 111(b)(1)(B)(i);
</text>
</subparagraph>
<subparagraph id="H989D4A41A0384DAEAB46555A498E3FDF">
<enum>
(B)
</enum>
<text>
business members of the local boards described in section 117(b)(2)(A) located in the State;
</text>
</subparagraph>
<subparagraph id="HBF5558847E97475DA8596D91CC36FEDD">
<enum>
(C)
</enum>
<text>
a representative of the State board described in section 111(f); and
</text>
</subparagraph>
<subparagraph id="H9293B18D9AB84A20B2B97B99E3A89F0A">
<enum>
(D)
</enum>
<text>
such other representatives and State agency officials as the Governor may designate.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF96F9DB0DA2C44F4B9CED86B1F76144C">
<enum>
(2)
</enum>
<header>
Majority
</header>
<text>
A
<fraction>
2/3
</fraction>
majority of the members of the workforce council shall be representatives described in paragraph (1)(A).
</text>
</paragraph>
</subsection>
<subsection id="H4269A55AE6A84B33BBC0F8290DC5438F">
<enum>
(c)
</enum>
<header>
Responsibilities
</header>
<text>
The responsibilities of the workforce council shall be—
</text>
<paragraph id="H9A11018D1B74479EBEFF5CA49219C420">
<enum>
(1)
</enum>
<text>
to review all the relevant labor market information, including related information in the State plan described in section 112, to—
</text>
<subparagraph id="HCB2331B0440040159C16CBEF4214EE53">
<enum>
(A)
</enum>
<text>
determine the in-demand industries in the State in which enrollees intend to seek employment after graduation;
</text>
</subparagraph>
<subparagraph id="HC477DC1808754AD6B98365E80C819E34">
<enum>
(B)
</enum>
<text>
determine the skills and education that are necessary to obtain the employment opportunities described in subparagraph (A); and
</text>
</subparagraph>
<subparagraph id="H276414679E394DA29619C4EB4A958725">
<enum>
(C)
</enum>
<text>
determine the type or types of career and technical education and training that will be implemented at the center to enable the enrollees to obtain the employment opportunities; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H261F03EC84954FF48BE9DE84A01EF62B">
<enum>
(2)
</enum>
<text>
to meet at least once a year to reevaluate the labor market information, and other relevant information, to determine any necessary changes in the career and technical education and training provided at the center.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section display-inline="no-display-inline" id="HC8EB8ADEC6774E69B1B128C6A7DA4A8D">
<enum>
127.
</enum>
<header>
Technical assistance
</header>
<text display-inline="no-display-inline">
Section 156 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2896">
29 U.S.C. 2896
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HAC10589D2EB641ACA47DC5C78609FABF" style="OLC">
<section id="H971EE5A58F4A4BB68CAEC756C7C68550">
<enum>
156.
</enum>
<header>
Technical assistance to centers
</header>
<subsection id="H83B80D4BEF30452190B17446512A1D66">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
From the funds reserved under section 132(a)(3), the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for the Job Corps program for the purposes of improving program quality.
</text>
</subsection>
<subsection id="H614F2B289C0C4049A555E7D7BF94DB8F">
<enum>
(b)
</enum>
<header>
Activities
</header>
<text>
In providing training and technical assistance and for allocating resources for such assistance, the Secretary shall—
</text>
<paragraph id="HB40865A49BC94FDE9E38F65BBE5557B3">
<enum>
(1)
</enum>
<text>
assist entities, including those entities not currently operating a Job Corps center, in developing the application described in section 147(d);
</text>
</paragraph>
<paragraph id="H7369073E3FCB442788AF30E9ED98A3EC">
<enum>
(2)
</enum>
<text>
assist Job Corps centers and programs in correcting deficiencies and violations under this subtitle;
</text>
</paragraph>
<paragraph id="H9649DA9E237E4B26A339DAC0F54D0373">
<enum>
(3)
</enum>
<text>
assist Job Corps centers and programs in meeting or exceeding the indicators of performance described in paragraph (1) and (2) of section 159(c); and
</text>
</paragraph>
<paragraph id="H6DF56821E54E4A8880C5AB5FEB4906BA">
<enum>
(4)
</enum>
<text>
assist Job Corps centers and programs in the development of sound management practices, including financial management procedures.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H232A2308BC5D4E8091E4F34281E8191A">
<enum>
128.
</enum>
<header>
Special provisions
</header>
<text display-inline="no-display-inline">
Section 158(c)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/29/2989">
29 U.S.C. 2989(c)(1)
</external-xref>
) is amended by striking
<quote>
title II of the Federal Property and Administrative Services Act of 1949 (
<external-xref legal-doc="usc" parsable-cite="usc/40/481">
40 U.S.C. 481 et seq.
</external-xref>
)
</quote>
and inserting
<quote>
chapter of 5 title 40, United States Code,
</quote>
.
</text>
</section>
<section id="H700E9AB4FFEC4EE9B01FC244C0753598">
<enum>
129.
</enum>
<header>
Performance accountability management
</header>
<text display-inline="no-display-inline">
Section 159 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2899">
29 U.S.C. 2899
</external-xref>
) is amended—
</text>
<paragraph id="H8683D3A2235D4F49ADE5198CF2FB7D83">
<enum>
(1)
</enum>
<text>
in the section heading, by striking
<quote>
<header-in-text level="section" style="OLC">
Management Information
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
Performance Accountability and Management
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="HB6580E9C91C54AEC8081023D31B98875">
<enum>
(2)
</enum>
<text>
in subsection (a)(3), by inserting before the period at the end the following:
<quote>
, or operating costs for such centers result in a budgetary shortfall
</quote>
;
</text>
</paragraph>
<paragraph id="HBA4D6977A283455A9FFDA88C047D4749">
<enum>
(3)
</enum>
<text>
by striking subsections (c) through (g); and
</text>
</paragraph>
<paragraph id="H32C3F366E4EC49B2A60402E6CDA7DE3E">
<enum>
(4)
</enum>
<text>
by inserting after subsection (b) the following:
</text>
<quoted-block id="HDE28D07E06364B3BBCC5F38EA414AA83" style="OLC">
<subsection id="HDBE39BE0F2C2419F85EE86717A20D6E3">
<enum>
(c)
</enum>
<header>
Indicators of Performance
</header>
<paragraph id="HFA1C2991ED334AEEBB931D11613F42B3">
<enum>
(1)
</enum>
<header>
Primary indicators
</header>
<text>
The annual primary indicators of performance for Job Corps centers shall include—
</text>
<subparagraph id="H5FD07FE1C18E446AAC8324EA342FE1BA">
<enum>
(A)
</enum>
<text>
the percentage and number of enrollees who graduate from the Job Corps center;
</text>
</subparagraph>
<subparagraph id="HF8A5AF587B164332821065FE8CEE4C8B">
<enum>
(B)
</enum>
<text>
the percentage and number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps center, except that such calculation shall not include enrollment in education, the military or volunteer service;
</text>
</subparagraph>
<subparagraph id="HF91F7F0AADE44FDD8EBF9F75ED6A7B89">
<enum>
(C)
</enum>
<text>
the percentage and number of graduates who obtained a recognized postsecondary credential, including an industry-recognized credential or a registered apprenticeship; and
</text>
</subparagraph>
<subparagraph id="H2D88292B95F24DB1874E0F91560A1E66">
<enum>
(D)
</enum>
<text>
the cost per successful performance outcome, which is calculated by comparing the number of graduates who were placed in unsubsidized employment or obtained a recognized credential, including an industry-recognized credential, to total program costs, including all operations, construction, and administration costs at each Job Corp center.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0BBF5B1D0DF34D6191CC667BAD642771">
<enum>
(2)
</enum>
<header>
Secondary indicators
</header>
<text>
The annual secondary indicators of performance for Job Corps centers shall include—
</text>
<subparagraph id="HB47A484B7FC24D0DA92B3CE58B58B71A">
<enum>
(A)
</enum>
<text>
the percentage and number of graduates who entered unsubsidized employment not related to the career and technical education and training received through the Job Corps center;
</text>
</subparagraph>
<subparagraph id="H441ADF71A540435F85F5DE2C98FA9EF2">
<enum>
(B)
</enum>
<text>
the percentage and number of graduates who entered into postsecondary education;
</text>
</subparagraph>
<subparagraph id="H9EE10FEFE2BE4074A20982910C61760A">
<enum>
(C)
</enum>
<text>
the percentage and number of graduates who entered into the military;
</text>
</subparagraph>
<subparagraph id="H362B84C13DCB4DA781650250C6E19229">
<enum>
(D)
</enum>
<text>
the average wage of graduates who are in unsubsidized employment—
</text>
<clause id="H7D2297392CD745AC812033EA876C64E1">
<enum>
(i)
</enum>
<text>
on the first day of employment; and
</text>
</clause>
<clause id="H8849010F18C8461BBA397D07F1FC4902">
<enum>
(ii)
</enum>
<text>
6 months after the first day;
</text>
</clause>
</subparagraph>
<subparagraph id="H00BAAA4C6F824DC4BE47EF0229B628B5">
<enum>
(E)
</enum>
<text>
the number and percentage of graduates who entered unsubsidized employment and were retained in the unsubsidized employment—
</text>
<clause id="HEE9A9B74757B4894BA6F867CC739A1F5">
<enum>
(i)
</enum>
<text>
6 months after the first day of employment; and
</text>
</clause>
<clause id="HDF12E25B308148ACAAC10ACD42586A51">
<enum>
(ii)
</enum>
<text>
12 months after the first day of employment;
</text>
</clause>
</subparagraph>
<subparagraph id="H7BE7F9BB72804964ADCF87CED9C2920F">
<enum>
(F)
</enum>
<text>
the percentage and number of enrollees compared to the percentage and number of enrollees the Secretary has established targets in section 145(c)(1);
</text>
</subparagraph>
<subparagraph id="HFD521D5BD6EE4CD4933665A147692125">
<enum>
(G)
</enum>
<text>
the cost per training slot, which is calculated by comparing the program’s maximum number of students that can be enrolled in a Job Corps center at any given time during the program year to the number of enrollees in the same program year; and
</text>
</subparagraph>
<subparagraph id="HD1D0B541F0FE40C7933DBDF8C119DCCC">
<enum>
(H)
</enum>
<text>
the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b).
</text>
</subparagraph>
</paragraph>
<paragraph id="H2CCC46B4CE7E4D538E7021B55D89A594">
<enum>
(3)
</enum>
<header>
Indicators of performance for recruiters
</header>
<text>
The annual indicators of performance for recruiters shall include the measurements described in subparagraph (A) of paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2).
</text>
</paragraph>
<paragraph id="HA597A728B95F455FB3C9BC685556A587">
<enum>
(4)
</enum>
<header>
Indicators of performance of career transition service providers
</header>
<text>
The annual indicators of performance of career transition service providers shall include the measurements described in subparagraphs (B) and (C) of paragraph (1) and subparagraphs, (B), (C), (D), and (E) of paragraph (2).
</text>
</paragraph>
</subsection>
<subsection id="H57DB8057048B4FD2993F2FD9907BE4D7">
<enum>
(d)
</enum>
<header>
Additional information
</header>
<text>
The Secretary shall collect, and submit in the report described in subsection (f), information on the performance of each Job Corps center, and the Job Corps program, regarding—
</text>
<paragraph id="HB16934AF65E5412FB7DEA595F7D57522">
<enum>
(1)
</enum>
<text>
the number and percentage of former enrollees who obtained a regular secondary school diploma;
</text>
</paragraph>
<paragraph id="HD041A7A7E6054F6888A88D188D2A8544">
<enum>
(2)
</enum>
<text>
the number and percentage of former enrollees who entered unsubsidized employment;
</text>
</paragraph>
<paragraph id="H70558D2FD73B4FAEA37ED194BF403F32">
<enum>
(3)
</enum>
<text>
the number and percentage of former enrollees who obtained a recognized postsecondary credential, including an industry-recognized credential;
</text>
</paragraph>
<paragraph id="H5A834D63B16041A39545631FBE19D18D">
<enum>
(4)
</enum>
<text>
the number and percentage of former enrollees who entered into military service; and
</text>
</paragraph>
<paragraph id="H612BBBF12DEB4344998B79DFC340B8D2">
<enum>
(5)
</enum>
<text>
any additional information required by the Secretary.
</text>
</paragraph>
</subsection>
<subsection id="HB5C93647521447FC8E6923D1BA0647E7">
<enum>
(e)
</enum>
<header>
Methods
</header>
<text>
The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(i)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates.
</text>
</subsection>
<subsection id="H1C8D4F13E43746D3B7A595C05EB83822">
<enum>
(f)
</enum>
<header>
Transparency and accountability
</header>
<paragraph id="H187A2D4A361F4C449D9E9F562E674597">
<enum>
(1)
</enum>
<header>
Report
</header>
<text>
The Secretary shall collect and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education. Labor and Pensions of the Senate, as well as make available to the public by electronic means, a report containing—
</text>
<subparagraph id="H8D01263183394382BBA13FA04DE2D366">
<enum>
(A)
</enum>
<text>
information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraphs (1) and (2) of subsection (c);
</text>
</subparagraph>
<subparagraph id="HFCBF8106ADFC4F059A29EF40CAC7D1FD">
<enum>
(B)
</enum>
<text>
a comparison of each Job Corps center, by rank, on the performance indicators described in paragraphs (1) and (2) of subsection (c);
</text>
</subparagraph>
<subparagraph id="HE40FA75361E1472FBB4A79A8BB31EA85">
<enum>
(C)
</enum>
<text>
a comparison of each Job Corps center, by rank, on the average performance of all primary indicators described in paragraph (1) of subsection (c);
</text>
</subparagraph>
<subparagraph id="HBABE5528876F45D2AC66263C9C187CE4">
<enum>
(D)
</enum>
<text>
information on the performance of the service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs; and
</text>
</subparagraph>
<subparagraph id="H12003D2E74BE417DB46A10938B4941EA">
<enum>
(E)
</enum>
<text>
a comparison of each service provider, by rank, on the performance of all service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs.
</text>
</subparagraph>
</paragraph>
<paragraph id="H4FDF96A40CAA44639F7B273AAAA683BC">
<enum>
(2)
</enum>
<header>
Assessment
</header>
<text>
The Secretary shall conduct an annual assessment of the performance of each Job Corps center which shall include information on the Job Corps centers that—
</text>
<subparagraph id="H2D35F613B24143B99C44BED3B7FB9373">
<enum>
(A)
</enum>
<text>
are ranked in the bottom 10 percent on the performance indicator described in paragraph (1)(C); or
</text>
</subparagraph>
<subparagraph id="H4F06F83606934A429B29FAD895626029">
<enum>
(B)
</enum>
<text>
have failed a safety and health code review described in subsection (g).
</text>
</subparagraph>
</paragraph>
<paragraph id="HD791A8A4D6DD4E78B954E7D5E69C52BD">
<enum>
(3)
</enum>
<header>
Performance improvement
</header>
<text>
With respect to a Job Corps center that is identified under paragraph (2) or reports less than 50 percent on the performance indicators described in subparagraphs (A), (B), or (C) of subsection (c)(1), the Secretary shall develop and implement a 1 year performance improvement plan. Such a plan shall require action including—
</text>
<subparagraph id="H3AC5C22388964C51B67E8641BDAE7179">
<enum>
(A)
</enum>
<text>
providing technical assistance to the center;
</text>
</subparagraph>
<subparagraph id="HFC65551DC83C47C583CAEEF9B7EB8464">
<enum>
(B)
</enum>
<text>
changing the management staff of the center;
</text>
</subparagraph>
<subparagraph id="H6B272AC8BACB48EDA4252AED5C78192C">
<enum>
(C)
</enum>
<text>
replacing the operator of the center;
</text>
</subparagraph>
<subparagraph id="HB20C453EDE674AE5A98F8966625242F8">
<enum>
(D)
</enum>
<text>
reducing the capacity of the center; or
</text>
</subparagraph>
<subparagraph id="H079BBC21B52E4493BC32DECD242FC99F">
<enum>
(E)
</enum>
<text>
closing the center.
</text>
</subparagraph>
</paragraph>
<paragraph id="H19FA41A6083E4571A4E0525A834BBF46">
<enum>
(4)
</enum>
<header>
Closure of job corps centers
</header>
<text display-inline="yes-display-inline">
Job Corps centers that have been identified under paragraph (2) for more than 4 consecutive years shall be closed. The Secretary shall ensure—
</text>
<subparagraph id="H93B95ED0376644E2948688D3F7074214">
<enum>
(A)
</enum>
<text>
that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register and other appropriate means; and
</text>
</subparagraph>
<subparagraph id="H73877B1431C343D5AF7EBC476D58088A">
<enum>
(B)
</enum>
<text>
the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H0230D559A75D400685D34842BBDE7A78">
<enum>
(g)
</enum>
<header>
Participant health and safety
</header>
<text>
The Secretary shall enter into an agreement with the General Services Administration or the appropriate State agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, to conduct an in-person review of the physical condition and health-related activities of each Job Corps center annually. Such review shall include a passing rate of occupancy under Federal and State ordinances.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
<subtitle id="HD481C2835A77410DABC149C62DAAF82C">
<enum>
D
</enum>
<header>
National Programs
</header>
<section id="H67DB9E3E45174A6D8B536AB3E5E7C390">
<enum>
130.
</enum>
<header>
Technical assistance
</header>
<text display-inline="no-display-inline">
Section 170 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2915">
29 U.S.C. 2915
</external-xref>
) is amended—
</text>
<paragraph id="H655CBB3F8830477E8B1CB3A2907EDAB0">
<enum>
(1)
</enum>
<text>
by striking subsection (b);
</text>
</paragraph>
<paragraph id="HD08D22B5A0C54ECD967C53A1809EB6AB">
<enum>
(2)
</enum>
<text>
by striking:
</text>
<quoted-block id="H8A7D4DB42F01418DB85A464F415F6673" style="OLC">
<subsection id="H4464A27021214C5AA2CE7763474EED48">
<enum>
(a)
</enum>
<header>
General technical assistance
</header>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H1798523D76EA4F9CAD838C70EAEB73D9">
<enum>
(3)
</enum>
<text>
by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c) respectively, and moving such subsections 2 ems to the left;
</text>
</paragraph>
<paragraph id="HB71A3F1922714AD2BC415585C5E4D098">
<enum>
(4)
</enum>
<text>
in subsection (a) (as so redesignated)—
</text>
<subparagraph id="H078A3AC92615408791A386C08AEE0A80">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
the training of staff providing rapid response services, the training of other staff of recipients of funds under this title, assistance regarding accounting and program operation practices (when such assistance would not be duplicative to assistance provided by the State), technical assistance to States that do not meet State performance measures described in section 136,
</quote>
after
<quote>
localities,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H177A00F83C504832917D644774D708D8">
<enum>
(B)
</enum>
<text>
by striking
<quote>
from carrying out activities
</quote>
and all that follows up to the period and inserting
<quote>
to implement the amendments made by the SKILLS Act
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H1217ECCFA8E041C4BC5736F0D7C4BBEC">
<enum>
(5)
</enum>
<text>
in subsection (b) (as so redesignated)—
</text>
<subparagraph id="H8218108F576F48048D9353334C3E857F">
<enum>
(A)
</enum>
<text>
by striking
<quote>
paragraph (1)
</quote>
and inserting
<quote>
subsection (a)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H0A947B9D64A347FDA0A04A0A0CE52137">
<enum>
(B)
</enum>
<text>
by striking
<quote>
, or recipient of financial assistance under any of sections 166 through 169,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H3685C415E24E4D3F9EAA70995E89E804">
<enum>
(C)
</enum>
<text>
by striking
<quote>
or grant recipient
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H76297C80F3AD41858199441DB3E2A663">
<enum>
(6)
</enum>
<text>
in subsection (c) (as so redesignated), by striking
<quote>
paragraph (1)
</quote>
and inserting
<quote>
subsection (a)
</quote>
; and
</text>
</paragraph>
<paragraph id="H9AEE336444C4468D8E0E196BBF46C075">
<enum>
(7)
</enum>
<text>
by inserting, after subsection (c) (as so redesignated), the following:
</text>
<quoted-block id="H28C4D1759D2D4F0C9FE01C8247EA308B" style="OLC">
<subsection id="H7977DA969FF349BFBB8C81C41347D8DD">
<enum>
(d)
</enum>
<header>
Best practices coordination
</header>
<text>
The Secretary shall—
</text>
<paragraph id="H7BD02ABE3EE74D1DBB114990CD6AC4CD">
<enum>
(1)
</enum>
<text>
establish a system through which States may share information regarding best practices with regard to the operation of workforce investment activities under this Act; and
</text>
</paragraph>
<paragraph id="H71D626A6443F49E1AF79FC02B3FF1788">
<enum>
(2)
</enum>
<text>
evaluate and disseminate information regarding best practices and identify knowledge gaps.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H2BC512FAE9C748C0A678D9B295C1E367">
<enum>
131.
</enum>
<header>
Evaluations
</header>
<text display-inline="no-display-inline">
Section 172 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2917">
29 U.S.C. 2917
</external-xref>
) is amended—
</text>
<paragraph id="HA27E32997A294816A5B18F5BA57AF426">
<enum>
(1)
</enum>
<text>
in subsection (a), by striking
<quote>
the Secretary shall provide for the continuing evaluation of the programs and activities, including those programs and activities carried out under section 171
</quote>
and inserting
<quote>
the Secretary, through grants, contracts, or cooperative agreements, shall conduct, at least once every 5 years, an independent evaluation of the programs and activities funded under this Act
</quote>
;
</text>
</paragraph>
<paragraph id="HD90EE3E8C1F64791920B5CACADDEA3E1">
<enum>
(2)
</enum>
<text>
in subsection (a)(4) is amended to read as follows:
</text>
<quoted-block id="H3C5482F1CD314A34AD707814206FF18D" style="OLC">
<paragraph id="H4CE2A3B6AD95470DBB8F0A02DA53DD74">
<enum>
(4)
</enum>
<text>
the impact of receiving services and not receiving services under such programs and activities on the community, businesses, and individuals;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H8DB21D0055A84ADFBAA1F1BA32149AB7">
<enum>
(3)
</enum>
<text>
in subsection (c) is amended to read as follows:
</text>
<quoted-block id="H8D184A547EB047F58604EA0AD9143FC9" style="OLC">
<subsection id="H276FA253F67D4502977A284FF650FAD0">
<enum>
(c)
</enum>
<header>
Techniques
</header>
<text>
Evaluations conducted under this section shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies, quasi-experimental methods, impact analysis and the use of administrative data. The Secretary shall conduct an impact analysis, as described in subsection (a)(4), of the formula grant program under subtitle B not later than 2015, and thereafter shall conduct such an analysis not less than once every four years.
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H076C56E8767A49D8ADC87BB8F8D4C1CE">
<enum>
(4)
</enum>
<text>
in subsection (e) is amended by striking
<quote>
the Committee on Labor and Human Resources of the Senate
</quote>
and inserting
<quote>
the Committee on Health, Education, Labor, and Pensions of the Senate
</quote>
; and
</text>
</paragraph>
<paragraph id="H45CE99BFD07241CDB28BF0725837E5AC">
<enum>
(5)
</enum>
<text>
by adding at the end, the following:
</text>
<quoted-block id="HFC4AA40512434B229A32C66F7D2E7411" style="OLC">
<subsection id="H212175F8BD3041ADA92B16F2653EBD27">
<enum>
(g)
</enum>
<header>
Public availability
</header>
<text>
The results of the evaluations conducted under this section shall be made publicly available, including by posting such results on the Department’s website.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
<subtitle id="H605F3EDB703D44749917C71F7B7D710C">
<enum>
E
</enum>
<header>
Administration
</header>
<section id="HACFB9502845A4B34970FE6E6D6F83F96">
<enum>
132.
</enum>
<header>
Requirements and restrictions
</header>
<text display-inline="no-display-inline">
Section 181 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2931">
29 U.S.C. 2931
</external-xref>
) is amended—
</text>
<paragraph id="HA415AC6A06FD41D8898DABCECCBBE80E">
<enum>
(1)
</enum>
<text>
in subsection (b)(6), by striking
<quote>
, including representatives of businesses and of labor organizations
</quote>
;
</text>
</paragraph>
<paragraph id="H5A5C09CF9B1B440BAC825339BD04DBDB">
<enum>
(2)
</enum>
<text>
in subsection (c)(2)(A), in the matter preceding clause (i), by striking
<quote>
shall
</quote>
and inserting
<quote>
may
</quote>
;
</text>
</paragraph>
<paragraph id="H617BBBDC1085476DAC32553CFE71B86C">
<enum>
(3)
</enum>
<text>
in subsection (e)—
</text>
<subparagraph id="H4BCBC806DCE245EBB0957BD8EB7B5B3D">
<enum>
(A)
</enum>
<text>
by striking
<quote>
training for
</quote>
and inserting
<quote>
the entry into employment, retention in employment, or increases in earnings of
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HC56E8A673CD944B393C660823944F70A">
<enum>
(B)
</enum>
<text>
by striking
<quote>
subtitle B
</quote>
and inserting
<quote>
this Act
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H204C480DF43D4AC68ACBCF14D784D781">
<enum>
(4)
</enum>
<text>
in subsection (f)(4), by striking
<quote>
134(a)(3)(B)
</quote>
and inserting
<quote>
134(a)(6)
</quote>
; and
</text>
</paragraph>
<paragraph id="H3C7422C542704016BF47287BA67AED1B">
<enum>
(5)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4F15E59B073346F5A873506D92C94547" style="OLC">
<subsection id="H030FEBA1309E499BBC410E16365F9936">
<enum>
(g)
</enum>
<header>
Salary and bonus limitation
</header>
<text display-inline="yes-display-inline">
No funds provided under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Level II of the Federal Executive Pay Schedule (
<external-xref legal-doc="usc" parsable-cite="usc/5/5313">
5 U.S.C. 5313
</external-xref>
). This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the programs.
</text>
</subsection>
<subsection id="HEE9F996BE1CB4ADDAA38598D438524FF">
<enum>
(h)
</enum>
<header>
General authority
</header>
<paragraph id="H5AC720DD9CFF423889C185D3B3E3179D">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
The Employment and Training Administration of the U.S. Department of Labor (hereinafter in this Act referred to as the
<quote>
Administration
</quote>
) shall administer all programs authorized under title I and III of this Act. The Administration shall be headed by an Assistant Secretary appointed by the President by and with the advice and consent of the Senate. Except for titles II and IV, the Administration shall be the principal agency, and the Assistant Secretary shall be the principal officer, of such Department for carrying out this Act.
</text>
</paragraph>
<paragraph id="H1EBAB00B9CD64244AF426EA6C1DC0F72">
<enum>
(2)
</enum>
<header>
Qualifications
</header>
<text>
The Assistant Secretary shall be an individual with substantial experience in workforce development and in workforce development management. The Assistant Secretary shall also, to the maximum extent possible, possess knowledge and have worked in or with the State or local workforce investment system or have been a member of the business community. In the performance of the functions of the office, the Assistant Secretary shall be directly responsible to the Secretary or the Under Secretary as designed by the Secretary. The functions of the Assistant Secretary shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Assistant Secretary. Any reference in this Act to duties to be carried out by the Assistant Secretary shall be considered to be a reference to duties to be carried out by the Secretary acting through the Assistant Secretary.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HF0DB761AB5A549B081CB3A70B29BEBCF">
<enum>
133.
</enum>
<header>
Prompt allocation of funds
</header>
<text display-inline="no-display-inline">
Section 182 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2932">
29 U.S.C. 2932
</external-xref>
) is amended—
</text>
<paragraph id="H8627E163CFD54B838EA39B5B01B03C45">
<enum>
(1)
</enum>
<text>
in subsection (c), by striking
<quote>
127 or
</quote>
; and
</text>
</paragraph>
<paragraph id="HF64F1686D06947649FAFAA7646937F7C">
<enum>
(2)
</enum>
<text>
in subsection (e)—
</text>
<subparagraph id="H1A2D089E6EA0470F9F60483853287433">
<enum>
(A)
</enum>
<text>
by striking
<quote>
sections 128 and 133
</quote>
and inserting
<quote>
section 133
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HAB3519E1D2924E3792A8363BC450E11E">
<enum>
(B)
</enum>
<text>
by striking
<quote>
127 or
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
<section id="H9A70151724804C8EAAB9B005490682C3">
<enum>
134.
</enum>
<header>
Fiscal controls; sanctions
</header>
<text display-inline="no-display-inline">
Section 184(a)(2) (
<external-xref legal-doc="usc" parsable-cite="usc/29/2934">
29 U.S.C. 2934(a)(2)
</external-xref>
) is amended—
</text>
<paragraph id="HE4DD6D30B0574166986FABA43CB01589">
<enum>
(1)
</enum>
<text>
by striking
<quote>
(A)
</quote>
and all that follows through
<quote>
Each
</quote>
and inserting
<quote>
Each
</quote>
; and
</text>
</paragraph>
<paragraph id="H1D10C0A561E242E7B08BC6872706181B">
<enum>
(2)
</enum>
<text>
by striking subparagraph (B).
</text>
</paragraph>
</section>
<section id="H3F33B0CC55FB401084D4468E9AE540FC">
<enum>
135.
</enum>
<header>
Reports to Congress
</header>
<text display-inline="no-display-inline">
Section 185 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2935">
29 U.S.C. 2935
</external-xref>
) is amended—
</text>
<paragraph id="H3716EC97E09645E89549B44DB61A5EE0">
<enum>
(1)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="HC99901C3852C4F02BD591A6B29B843F7">
<enum>
(A)
</enum>
<text>
in paragraph (2), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</subparagraph>
<subparagraph id="H6FBD727DA35D402D91C520B665E11B12">
<enum>
(B)
</enum>
<text>
in paragraph (3), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HDDDFF2F61B894B5F972F69F6A93CB881">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H7DCB841D462D48D7A8F45199D7E98277" style="OLC">
<paragraph id="H88D6FAA66E6E45E1B0306AFCEB196209">
<enum>
(4)
</enum>
<text>
shall have the option to submit or disseminate electronically any reports, records, plans, or any other data that are required to be collected or disseminated under this title.
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HEA3CA35D452A4F98B354B172B32DE27E">
<enum>
(2)
</enum>
<text>
in subsection (e)(2), by inserting
<quote>
and the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate,
</quote>
after
<quote>
Secretary,
</quote>
.
</text>
</paragraph>
</section>
<section id="H17373D4AEB784E0A9A74598B17342460">
<enum>
136.
</enum>
<header>
Administrative provisions
</header>
<text display-inline="no-display-inline">
Section 189 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2939">
29 U.S.C. 2939
</external-xref>
) is amended—
</text>
<paragraph id="HDE89FE20E2044E909892AC5454CE3CFF">
<enum>
(1)
</enum>
<text>
in subsection (g)—
</text>
<subparagraph id="HECDCCBD8DA484AED91B375D4A6836775">
<enum>
(A)
</enum>
<text>
by amending paragraph (1) to read as follows:
</text>
<quoted-block id="HD48D5560F88841A8B46AE2211ABEA3C1" style="OLC">
<paragraph id="HE036BA260CA142E3BA2B7E2600FA19C2">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Appropriations for any fiscal year for programs and activities carried out under this title shall be available for obligation only on the basis of a program year. The program year shall begin on October 1 in the fiscal year for which the appropriation is made.
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HAD959F6EFE5E4BAFB2E21C36A7ED9A6B">
<enum>
(B)
</enum>
<text>
in paragraph (2)—
</text>
<clause id="H62151E3C0B2E45A49B67E77B28A6AB11">
<enum>
(i)
</enum>
<text>
by striking
<quote>
each State
</quote>
and inserting
<quote>
each recipient
</quote>
; and
</text>
</clause>
<clause id="H42AE971F9CCB441D88280D9DC91128ED">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
171 or
</quote>
;
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H0E08784C95E04938BEACF0F6B1619878">
<enum>
(2)
</enum>
<text>
in subsection (i)—
</text>
<subparagraph id="HFC4F3104BE4B453E87E32222D99D0D77">
<enum>
(A)
</enum>
<text>
by striking paragraphs (2) and (3);
</text>
</subparagraph>
<subparagraph id="H8E70E60250CC4B888D57AE012C234507">
<enum>
(B)
</enum>
<text>
by redesignating paragraph (4) as paragraph (2);
</text>
</subparagraph>
<subparagraph id="HDB598CE996214A5D9D35EC52CD3E517D">
<enum>
(C)
</enum>
<text>
by amending paragraph (2)(A), as so redesignated—
</text>
<clause id="HCC1C8CE224BA4E5BBEEEF6876166AD54">
<enum>
(i)
</enum>
<text>
by striking
<quote>
requirements of subparagraph (B)
</quote>
and all that follows through
<quote>
any of the statutory or regulatory requirements of subtitle B
</quote>
and inserting
<quote>
requirements of subparagraph (B) or (D), any of the statutory or regulatory requirements of subtitle B
</quote>
;
</text>
</clause>
<clause id="H02986E052BEB4F4296189729A7E8FE60">
<enum>
(ii)
</enum>
<text>
by striking clause (ii); and
</text>
</clause>
<clause id="H142DAC7271774D06AA16669457823A7B">
<enum>
(iii)
</enum>
<text>
in clause (i), by striking
<quote>
; and
</quote>
and inserting a period at the end; and
</text>
</clause>
</subparagraph>
<subparagraph id="HE5D132CD44344394ABBE53D9D12BCDEA">
<enum>
(D)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H9FC517E5128646548FB2A9E942E9FF6E" style="OLC">
<subparagraph id="HA69089C879E046AEA5A697BD2B2185DA">
<enum>
(D)
</enum>
<header>
Expedited process for extending approved waivers to additional states
</header>
<text>
In lieu of the requirements of subparagraphs (B) and (C), the Secretary may establish an expedited procedure for the purpose of extending to additional States the waiver of statutory or regulatory requirements that have been approved for a State pursuant to a request under subparagraph (B). Such procedure shall ensure that the extension of such waivers to additional States are accompanied by appropriate conditions relating the implementation of such waivers.
</text>
</subparagraph>
<subparagraph id="HE65060C8EB2246618A8F25A1BF941495">
<enum>
(E)
</enum>
<header>
External Conditions
</header>
<text>
The Secretary shall not require or impose new or additional requirements, which are not specified under this Act, on a State in exchange for providing a waiver to the State or a local area in the State under this paragraph.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section id="HEBC1CFC54BF34D68AEC28904BDD61820">
<enum>
137.
</enum>
<header>
State legislative authority
</header>
<text display-inline="no-display-inline">
Section 191(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/2941">
29 U.S.C. 2941(a)
</external-xref>
) is amended—
</text>
<paragraph id="HE63D17BF215F4F6CAFCADC36A937A5EF">
<enum>
(1)
</enum>
<text>
by striking
<quote>
consistent with the provisions of this title
</quote>
and inserting
<quote>
consistent with State law and the provisions of this title
</quote>
; and
</text>
</paragraph>
<paragraph id="HDCC81F2C2F3248A8AE2370476797B825">
<enum>
(2)
</enum>
<text>
by striking
<quote>
consistent with the terms and conditions required under this title
</quote>
and inserting
<quote>
consistent with State law and the terms and conditions required under this title
</quote>
.
</text>
</paragraph>
</section>
<section id="H8CB86E855D9944EDA4B9197E9FA7C517">
<enum>
138.
</enum>
<header>
General program requirements
</header>
<text display-inline="no-display-inline">
Section 195 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2945">
29 U.S.C. 2945
</external-xref>
) is amended—
</text>
<paragraph id="H4DABFE1CFCBF453F81B6CDBC5ABCCB80">
<enum>
(1)
</enum>
<text>
in paragraph (7), by inserting at the end the following:
</text>
<quoted-block id="HAC41E024D1D5401EAC1B7674076DC31A" style="OLC">
<subparagraph id="HC55F66ED67B04DC0B5947CDE0AB95EA8" indent="up1">
<enum>
(D)
</enum>
<text>
Funds received by a public or private nonprofit entity that are not described in paragraph (B), such as funds privately raised from philanthropic foundations, businesses, or other private entities, shall not be considered to be income under this title and shall not be subject to the requirements of this section.
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H27B108103D024D5BBFC0F7F0F48F0AB2">
<enum>
(2)
</enum>
<text>
by adding at the end the following new paragraphs:
</text>
<quoted-block id="H24CC7B5AAE4843CDA93351475F41DB6D" style="OLC">
<paragraph id="H38727419240548089F3C2EE59E98CF84">
<enum>
(14)
</enum>
<text>
Funds provided under this title shall not be used to establish or operate stand-alone fee-for-service enterprises that compete with private sector employment agencies within the meaning of section 701(c) of the Civil Rights Act of 1964 (
<external-xref legal-doc="usc" parsable-cite="usc/42/2000e">
42 U.S.C. 2000e(c)
</external-xref>
), except that for purposes of this paragraph, such an enterprise does not include one-stop centers.
</text>
</paragraph>
<paragraph id="H37A871AD5606472DAC5F581A471AD179">
<enum>
(15)
</enum>
<text>
Any report required to be submitted to Congress, or to a Committee of Congress, under this title shall be submitted to both the chairmen and ranking minority members of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H7E95E54E3C034E66B62D6E226C6E5712">
<enum>
139.
</enum>
<header>
Federal agency staff
</header>
<text display-inline="no-display-inline">
Subtitle E of title I (
<external-xref legal-doc="usc" parsable-cite="usc/29/2931">
29 U.S.C. 2931 et seq.
</external-xref>
) is amended by adding at the end the following new sections:
</text>
<quoted-block display-inline="no-display-inline" id="H6756099FDC1C4BE48CEB8097EEABA74B" style="OLC">
<section id="H91BA090E54EA4E77B45808A9F0A3D170">
<enum>
196.
</enum>
<header>
Federal agency staff
</header>
<text display-inline="no-display-inline">
The Director of the Office of Management and Budget shall—
</text>
<paragraph id="H15AFD601FD744A38A380424469767866">
<enum>
(1)
</enum>
<text>
not later than 60 days after the date of the enactment of the SKILLS Act—
</text>
<subparagraph id="H95757A26F1E045AD9107FD7B334709D8">
<enum>
(A)
</enum>
<text>
identify the number of Federal government employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment; and
</text>
</subparagraph>
<subparagraph id="HD070EB30445E4300AC60C8BCDD196F65">
<enum>
(B)
</enum>
<text>
identify the number of full-time equivalent employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment, and that have been eliminated or consolidated on or after such date of enactment;
</text>
</subparagraph>
</paragraph>
<paragraph id="H53A52CCE1BB94E34908A65FD67306FF5">
<enum>
(2)
</enum>
<text>
not later than 90 after such date of enactment, publish the information described in paragraph (1) on the Office of Management and Budget website;
</text>
</paragraph>
<paragraph id="H0A8BA3684C164632B41091F2E8EC2D0E">
<enum>
(3)
</enum>
<text>
not later than 1 year after such date of enactment—
</text>
<subparagraph id="HC773C01B2F514EAC8CADF4AFEF0D61E2">
<enum>
(A)
</enum>
<text>
reduce the workforce of the Federal Government by the number of full-time equivalent employees identified under paragraph (1)(B); and
</text>
</subparagraph>
<subparagraph id="HCAA71459187A481BB23635F03AA49048">
<enum>
(B)
</enum>
<text>
submit to Congress a report on how the Director carried out the requirements of subparagraph (A).
</text>
</subparagraph>
</paragraph>
</section>
<section id="H75E27E4174C645F3AA966D0D1EE997EC">
<enum>
197.
</enum>
<header>
Restrictions on lobbying and political activities
</header>
<subsection id="H038366BC3ECF41488CB30F8EE0BA2794">
<enum>
(a)
</enum>
<header>
Lobbying restrictions
</header>
<paragraph id="HE71302D77920446B9FACC16B504FE0BD">
<enum>
(1)
</enum>
<header>
Publicity restrictions
</header>
<subparagraph id="HF961CE7B47974B539911989B022C6619">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Subject to subparagraph (B), no funds provided under this Act shall be used or proposed for use, for—
</text>
<clause id="HAFD6630882884B7EB26287DEDE925A72">
<enum>
(i)
</enum>
<text>
publicity or propaganda purposes; or
</text>
</clause>
<clause id="H95BBABD14639422A9EF4B2DEA8985B07">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body.
</text>
</clause>
</subparagraph>
<subparagraph id="HA249CE6C9A224E9990ED4D2319F5765E">
<enum>
(B)
</enum>
<header>
Exception
</header>
<text display-inline="yes-display-inline">
Subparagraph (A) shall not apply to—
</text>
<clause id="HA5D1CCF57C7E4914806A7D92C9554C66">
<enum>
(i)
</enum>
<text>
normal and recognized executive-legislative relationships;
</text>
</clause>
<clause id="HF1CABC0439CB448AB8BE357FC834E8A3">
<enum>
(ii)
</enum>
<text>
the preparation, distribution, or use of the materials described in subparagraph (A)(ii) in presentation to the Congress or any State or local legislature (except that this subparagraph does not apply with respect to such preparation, distribution, or use in presentation to the executive branch of any State or local government); or
</text>
</clause>
<clause id="H6F505ACD180D44388ABA0A7C8BC9751C">
<enum>
(iii)
</enum>
<text>
if such materials are designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H0457BD8E8EA84A4FADB765266BB39F47">
<enum>
(2)
</enum>
<header>
Salary payment restriction
</header>
<text display-inline="yes-display-inline">
No funds provided under this Act shall be used, or proposed for use, to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulations, administrative action, or executive order proposed or pending before the Congress or any State government, or State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local, or tribal government in policymaking and administrative processes within the executive branch of that government.
</text>
</paragraph>
</subsection>
<subsection id="H5BC1B64128D6476B89EB720E8DEFC77C">
<enum>
(b)
</enum>
<header>
Political restrictions
</header>
<paragraph id="HC4CC81FDA7B047B29D75694C4F5B780B">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
No funds received by a participant of a program or an activity under this Act shall be used for—
</text>
<subparagraph id="H7C2FDB0C3C14408FA616C5927E6D5F14">
<enum>
(A)
</enum>
<text>
any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; or
</text>
</subparagraph>
<subparagraph id="HED4D3F746EF54343B6964F4AE91E4EB9">
<enum>
(B)
</enum>
<text>
any activity to provide voters with transportation to the polls or similar assistance in connection with any such election.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2E5D4C3D91494C25BE31537617B9EB79">
<enum>
(2)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
For the purposes of this subsection, the term
<quote>
participant
</quote>
includes any State, local area, or governmental, nonprofit, or for-profit entity receiving funds under this Act.
</text>
</paragraph>
<paragraph id="H18E88492076D44FE82117E35CFC5B78F">
<enum>
(3)
</enum>
<header>
Restriction on voter registration activities
</header>
<text display-inline="yes-display-inline">
No funds under this Act shall be used to conduct voter registration activities.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</subtitle>
<subtitle id="H20012AD270F0480C80ACBAE616BE3B19">
<enum>
F
</enum>
<header>
State unified plan
</header>
<section id="HD9DF4AC0F2FE46ECA39D96C25E4446BB">
<enum>
140.
</enum>
<header>
State unified plan
</header>
<text display-inline="no-display-inline">
Section 501 (
<external-xref legal-doc="usc" parsable-cite="usc/20/9271">
20 U.S.C. 9271
</external-xref>
) is amended—
</text>
<paragraph id="H2B1E35BE3F2E478097638C3EE062E15B">
<enum>
(1)
</enum>
<text>
by amending subsection (a) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H1D21BF66D223430BBF777E51F59C1569" style="OLC">
<subsection id="H4E9CFA4780434EEA91A6253AD2BB65EC">
<enum>
(a)
</enum>
<header>
General authority
</header>
<text display-inline="yes-display-inline">
The Secretary shall receive and approve State unified plans developed and submitted under this section.
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H93241F28E22A44A19DABFB25BE3C5339">
<enum>
(2)
</enum>
<text>
by amending subsection (b) to read as follows:
</text>
<quoted-block id="H5154B44914614FB8B175D9BBCDBE04A4" style="OLC">
<subsection id="H799216EAFBF24C57AC3E5E92A7B4AA54">
<enum>
(b)
</enum>
<header>
State unified plan
</header>
<paragraph id="H7CE029EA6F114F86A3DD3C86234932F5">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
A State may develop and submit to the Secretary a State unified plan for 2 or more of the activities or programs set forth in paragraph (2). The State unified plan shall cover one or more of the activities set forth in subparagraphs (A) and (B) of paragraph (2) and may cover one or more of the activities set forth in subparagraphs (C) through (N) of paragraph (2). For purposes of this paragraph, the activities and programs described in subparagraphs (A) and (B) of paragraph (2) shall not be considered to be 2 or more activities or programs for purposes of the unified plan. Such activities or programs shall be considered to be 1 activity or program.
</text>
</paragraph>
<paragraph id="H2DA9B54DB0534755A1D76E6C09A9DA3D">
<enum>
(2)
</enum>
<header>
Activities and programs
</header>
<text>
The activities and programs referred to in paragraph (1) are as follows:
</text>
<subparagraph id="H25BB990FE5D64821A0AA885BE2C949F6">
<enum>
(A)
</enum>
<text>
Programs and activities authorized under title I.
</text>
</subparagraph>
<subparagraph id="H0967C4CB3F7145AF9DE6C47C93EC80B1">
<enum>
(B)
</enum>
<text>
Programs and activities authorized under title II.
</text>
</subparagraph>
<subparagraph id="H7032258F28624356BB5F10651C5E0A4F">
<enum>
(C)
</enum>
<text>
Programs authorized under the Rehabilitation Act of 1973.
</text>
</subparagraph>
<subparagraph id="H828DC3B3D66E4D03AC0DEB355B4D8D42">
<enum>
(D)
</enum>
<text>
Secondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act.
</text>
</subparagraph>
<subparagraph id="HCEF2B1497434439195FB88B3FDAA137D">
<enum>
(E)
</enum>
<text>
Postsecondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act.
</text>
</subparagraph>
<subparagraph id="H2BBB66EEEE274C9C9E87B046521CB017">
<enum>
(F)
</enum>
<text>
Programs and activities authorized under title II of the Trade Act of 1974.
</text>
</subparagraph>
<subparagraph id="HAD16014E5BFC479AAE89388C29F120DB">
<enum>
(G)
</enum>
<text>
National Apprenticeship Act of 1937.
</text>
</subparagraph>
<subparagraph id="HC7758C006D0848A8B40210A3EEBDA634">
<enum>
(H)
</enum>
<text>
Programs authorized under the Community Services Block Grant Act.
</text>
</subparagraph>
<subparagraph id="HE918F80EFE8F46BCBBAD4A7E4AF7231B">
<enum>
(I)
</enum>
<text>
Programs authorized under the part A of title IV of the Social Security Act.
</text>
</subparagraph>
<subparagraph id="H2BAB9DCE27154594B9235770DDE9ED68">
<enum>
(J)
</enum>
<text>
Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law).
</text>
</subparagraph>
<subparagraph id="HDCC688205C3044DDB51CBA8C5680899D">
<enum>
(K)
</enum>
<text>
Work programs authorized under section 6(o) of the Food Stamp Act of 1977.
</text>
</subparagraph>
<subparagraph id="H46D2D90B94C140BFAD86B5E93525F3AD">
<enum>
(L)
</enum>
<text>
Programs and activities authorized title I of the Housing and Community Development Act of 1974.
</text>
</subparagraph>
<subparagraph id="HFCEAE5E1A7B24F528E68D7454F712C87">
<enum>
(M)
</enum>
<text>
Programs and activities authorized under the Public Workers and Economic Development Act of 1965.
</text>
</subparagraph>
<subparagraph id="HD995B32E69A6477290AEFE086416A41F">
<enum>
(N)
</enum>
<text>
Activities as defined under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/41">
chapter 41
</external-xref>
of title 38, United States Code.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HE7EB0A41C66244C0AE55398F7D755F30">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
by amending subsection (d) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H74A3482422074C029AED76FCA2DBDDB9" style="OLC">
<subsection id="H1989209C3DB64310A301F4F016839CB1">
<enum>
(d)
</enum>
<header>
Approval
</header>
<paragraph id="HEC89D44AE06144E79B22312CFB589D71">
<enum>
(1)
</enum>
<header>
Jurisdiction
</header>
<text display-inline="yes-display-inline">
In approving a State unified plan under this section, the Secretary shall—
</text>
<subparagraph id="H42EFE2BC098D48CC8F2FCC5A95C83B9C">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
submit the portion of the State unified plan covering an activity or program described in subsection (b)(2) to the head of the Federal agency who exercises administrative authority over the activity or program for the approval of such portion by such Federal agency head; or
</text>
</subparagraph>
<subparagraph id="H51215D0092764425942AFDA6D13F0078">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
coordinate approval of the portion of the State unified plan covering an activity or program described in subsection (b)(2) with the head of the Federal agency who exercises administrative authority over the activity or program.
</text>
</subparagraph>
</paragraph>
<paragraph id="H13F26061C02D4F5D9ABB4F951DFFA250">
<enum>
(2)
</enum>
<header>
Timeline
</header>
<text display-inline="yes-display-inline">
A State unified plan shall be considered to be approved by the Secretary at the end of the 90-day period beginning on the day the Secretary receives the plan, unless the Secretary makes a written determination, during the 90-day period, that details how the plan is not consistent with the requirements of the Federal statute authorizing an activity or program described in subsection (b)(2) and covered under the plan or how the plan is not consistent with the requirements of subsection (c)(3).
</text>
</paragraph>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H6A93FFB36C5A4100A9FE03103941DB35">
<enum>
(4)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HF0270707FA6F4D87BC8902226AE22524" style="OLC">
<subsection id="H910252554AA44C0EAF1A638E601F32A2">
<enum>
(e)
</enum>
<header>
Additional employment and training funds
</header>
<paragraph id="H904A7FD161CA4856830977A458FBF2B1">
<enum>
(1)
</enum>
<header>
Purpose
</header>
<text display-inline="yes-display-inline">
It is the purpose of this subsection to reduce inefficiencies in the administration of federally-funded State and local employment and training programs.
</text>
</paragraph>
<paragraph id="H63DFC0823485404496C74C322C34418E">
<enum>
(2)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
In developing a State unified plan for the activities or programs described in subsection (b)(2) and subject to paragraph (4) and the State plan approval process under subsection (d), a State may propose to consolidate the amount, in whole or part, provided for the activities or programs dedicated to employment and training into the Workforce Investment Fund under section 132(b) to improve the administration of State and local employment and training programs.
</text>
</paragraph>
<paragraph id="H19D53E6187E74CC98FECD370B0D4071F">
<enum>
(3)
</enum>
<header>
Requirements
</header>
<text display-inline="yes-display-inline">
A State with a State unified plan approved under subsection (d) for purposes of consolidation under paragraph (2) and that is carrying out such consolidation shall—
</text>
<subparagraph id="H276A15C4F6BE469CB66F58D7E55BE42B">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
continue to meet the program requirements, limitations, and prohibitions of any Federal statute authorizing the activity or program consolidated into the Workforce Investment Fund;
</text>
</subparagraph>
<subparagraph id="HCDB764C86F3740F5B0D271279C15509A">
<enum>
(B)
</enum>
<text>
meet the intent and purpose of the activity or program consolidated into the Workforce Investment Fund; and
</text>
</subparagraph>
<subparagraph id="H9D05A6E9DE824573AD402E8D497A2F24">
<enum>
(C)
</enum>
<text>
continue to make reservations and allotments under subsections (a) and (b) of section 133.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD97ACFE202C94E4485B7993193C548D8">
<enum>
(4)
</enum>
<header>
Exceptions
</header>
<text>
A State may not consolidate funds under paragraph (2) that are allocated to the State under—
</text>
<subparagraph id="H0A91ED9288F34B7CAFFC478BC3CB57E6">
<enum>
(A)
</enum>
<text>
the Carl D. Perkins Career and Technical Education Act of 2006; or
</text>
</subparagraph>
<subparagraph id="HC1F244BC627848CBB9942DDDB0BA9323">
<enum>
(B)
</enum>
<text>
the Rehabilitation Act of 1973.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</subtitle>
</title>
<title id="HC913CB6834C04CF38710972A9FC732C0">
<enum>
II
</enum>
<header>
ADULT EDUCATION AND FAMILY LITERACY EDUCATION
</header>
<section id="H0E0340E4C1994D1E978F405E3A38458F">
<enum>
201.
</enum>
<header>
Amendment
</header>
<text display-inline="no-display-inline">
Title II (
<external-xref legal-doc="usc" parsable-cite="usc/20/2901">
20 U.S.C. 2901 et seq.
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H84974212989C4CAAB0591642FDEBA58E" style="OLC">
<title id="H968FA3F78648466791825997CEE8A027">
<enum>
II
</enum>
<header>
ADULT EDUCATION AND FAMILY LITERACY EDUCATION
</header>
<section id="HA20B6C92C28F45A98E9B03C2FE930E9B">
<enum>
201.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This title may be cited as the
<quote>
Adult Education and Family Literacy Education Act
</quote>
.
</text>
</section>
<section id="H51FEA4F5A41F4A4E92F069C767848D7B">
<enum>
202.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and math skills, and support States and local communities in providing, on a voluntary basis, adult education and family literacy education programs, in order to—
</text>
<paragraph id="H2BA94004384041EB87FF375FF97A618F">
<enum>
(1)
</enum>
<text>
increase the literacy of adults, including the basic reading, writing, speaking, and math skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce;
</text>
</paragraph>
<paragraph id="H73C9A955635944B7A7064ECAB053BD94">
<enum>
(2)
</enum>
<text>
assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution;
</text>
</paragraph>
<paragraph id="H0E21DA7BF1E44D39BD5DA8179769C334">
<enum>
(3)
</enum>
<text>
assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children’s education including, through instruction in basic reading, writing, speaking, and math skills; and
</text>
</paragraph>
<paragraph id="H96F6999954F3487EA11EEC73601E1002">
<enum>
(4)
</enum>
<text>
assist adults who are not proficient in English in improving their reading, writing, speaking, listening, comprehension, and math skills.
</text>
</paragraph>
</section>
<section id="HFB2B3DEBE7F74E3A90C290F40A81577B">
<enum>
203.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this title:
</text>
<paragraph id="HE2FFB9221B944E3482C0C05AA7AE058B">
<enum>
(1)
</enum>
<header>
Adult education and family literacy education programs
</header>
<text>
The term
<term>
adult education and family literacy education programs
</term>
means a sequence of academic instruction and educational services below the postsecondary level that increase an individual’s ability to read, write, and speak English and perform mathematical computations leading to a level of proficiency equivalent to at least a secondary school completion that is provided for individuals—
</text>
<subparagraph id="H59B412713EE84C04AA9AAD80360508CB">
<enum>
(A)
</enum>
<text>
who are at least 16 years of age;
</text>
</subparagraph>
<subparagraph id="H1CDA26EA01EE476788AC1642C232381E">
<enum>
(B)
</enum>
<text>
who are not enrolled or required to be enrolled in secondary school under State law; and
</text>
</subparagraph>
<subparagraph id="H7D81AB330D144BD499D40723F55754C3">
<enum>
(C)
</enum>
<text>
who—
</text>
<clause id="H1F9EE28A044746FF89E714204E159D64">
<enum>
(i)
</enum>
<text>
lack sufficient mastery of basic reading, writing, speaking, and math skills to enable the individuals to function effectively in society;
</text>
</clause>
<clause id="HD8CB361FA2C741C689060752C9963F73">
<enum>
(ii)
</enum>
<text>
do not have a secondary school diploma or its equivalent and have not achieved an equivalent level of education; or
</text>
</clause>
<clause id="H098D31B3A6EB496EBEEE4A9D669D8F90">
<enum>
(iii)
</enum>
<text>
are English learners.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HBB4E487DA5DD469AB63F08D5A4B03135">
<enum>
(2)
</enum>
<header>
Eligible agency
</header>
<text>
The term
<term>
eligible agency
</term>
—
</text>
<subparagraph id="H634964F9999046E5A0F46032CC9C70A4">
<enum>
(A)
</enum>
<text>
means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and
</text>
</subparagraph>
<subparagraph id="H9B935478333F49AD9FB96F47257E09AF">
<enum>
(B)
</enum>
<text>
may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCC6A4F800C7742C4AC11F6887E006671">
<enum>
(3)
</enum>
<header>
Eligible provider
</header>
<text>
The term
<term>
eligible provider
</term>
means an organization of demonstrated effectiveness which is—
</text>
<subparagraph id="HCAFCDDF0912B4F0987303C366DE0A230">
<enum>
(A)
</enum>
<text>
a local educational agency;
</text>
</subparagraph>
<subparagraph id="HEA029B849A41407D8B811148D138DFEB">
<enum>
(B)
</enum>
<text>
a community-based or faith-based organization;
</text>
</subparagraph>
<subparagraph id="HAA07FAA20A0F48289A12B1919C006751">
<enum>
(C)
</enum>
<text>
a volunteer literacy organization;
</text>
</subparagraph>
<subparagraph id="H9E16FB02A79742D6A73AFEA2207B429F">
<enum>
(D)
</enum>
<text>
an institution of higher education;
</text>
</subparagraph>
<subparagraph id="H39C8E000F64144E1920F8AC0F15776F3">
<enum>
(E)
</enum>
<text>
a public or private educational agency;
</text>
</subparagraph>
<subparagraph id="H621B63E290054A05BE2190F50243BA66">
<enum>
(F)
</enum>
<text>
a library;
</text>
</subparagraph>
<subparagraph id="HBD048D3568294B21A0FF5F117A30E84D">
<enum>
(G)
</enum>
<text>
a public housing authority;
</text>
</subparagraph>
<subparagraph id="H3F1E08925ED342C9AA5CBB5F8ABDEE5C">
<enum>
(H)
</enum>
<text>
an institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or
</text>
</subparagraph>
<subparagraph id="H338EE0D3306B46768EB29B297B600E95">
<enum>
(I)
</enum>
<text>
a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H).
</text>
</subparagraph>
</paragraph>
<paragraph id="HA76BD5889FD4409FB04AC3F400987C2F">
<enum>
(4)
</enum>
<header>
English language acquisition program
</header>
<text>
The term
<term>
English language acquisition program
</term>
means a program of instruction—
</text>
<subparagraph id="H1212D2A3E64E46848D54AD3CF75E49E9">
<enum>
(A)
</enum>
<text>
designed to help English learners achieve competence in reading, writing, speaking, and comprehension of the English language; and
</text>
</subparagraph>
<subparagraph id="HA052F306E00E4BCB9C8E153261BAF745">
<enum>
(B)
</enum>
<text>
that may lead to—
</text>
<clause id="HF7A249676CF04B97A4CE64A986C0084A">
<enum>
(i)
</enum>
<text>
attainment of a secondary school diploma or its recognized equivalent;
</text>
</clause>
<clause id="H0341F79E5EBC401891A2A8D47C417544">
<enum>
(ii)
</enum>
<text>
transition to success in postsecondary education and training; and
</text>
</clause>
<clause id="H8A8900C019454EC29A32AE171859D73A">
<enum>
(iii)
</enum>
<text>
employment or career advancement.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H9A683ADA757A4429A5E6E414DE920089">
<enum>
(5)
</enum>
<header>
Family literacy education program
</header>
<text>
The term
<term>
family literacy education program
</term>
means an educational program that—
</text>
<subparagraph id="H7532C91EAFC24399A56FB416E91005D9">
<enum>
(A)
</enum>
<text>
assists parents and students, on a voluntary basis, in achieving the purposes of this title as described in section 202; and
</text>
</subparagraph>
<subparagraph id="H6EB2420375924C538C71AC97330C9C97">
<enum>
(B)
</enum>
<text>
is of sufficient intensity in terms of hours and of sufficient quality to make sustainable changes in a family, is evidence-based, and, for the purpose of substantially increasing the ability of parents and children to read, write, and speak English, integrates—
</text>
<clause id="HD29067B723624DC0A1969B2529018676">
<enum>
(i)
</enum>
<text>
interactive literacy activities between parents and their children;
</text>
</clause>
<clause id="H626C4D4AF6174870830408E4EE1267C1">
<enum>
(ii)
</enum>
<text>
training for parents regarding how to be the primary teacher for their children and full partners in the education of their children;
</text>
</clause>
<clause id="H98694EC7D6D441C293CDB952CE907696">
<enum>
(iii)
</enum>
<text>
parent literacy training that leads to economic self-sufficiency; and
</text>
</clause>
<clause id="HD71056B310CC43E6815FC677BB31EE7C">
<enum>
(iv)
</enum>
<text>
an age-appropriate education to prepare children for success in school and life experiences.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HE0C4F3705F9D4202B8B67ADF10D3422E">
<enum>
(6)
</enum>
<header>
Governor
</header>
<text>
The term
<term>
Governor
</term>
means the chief executive officer of a State or outlying area.
</text>
</paragraph>
<paragraph id="H6DEB1DFFB77C494B84A0F20C2180E5A0">
<enum>
(7)
</enum>
<header>
Individual with a disability
</header>
<subparagraph id="H504110EA01CA40F6B3C1970D0C0604D3">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The term
<term>
individual with a disability
</term>
means an individual with any disability (as defined in section 3 of the Americans with Disabilities Act of 1990).
</text>
</subparagraph>
<subparagraph id="HD313BB210C50407D8830EE87C3BA5836">
<enum>
(B)
</enum>
<header>
Individuals with disabilities
</header>
<text>
The term
<term>
individuals with disabilities
</term>
means more than one individual with a disability.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2F22B5115130443E91B4157B05A446D3">
<enum>
(8)
</enum>
<header>
English learner
</header>
<text>
The term
<term>
English learner
</term>
means an adult or out-of-school youth who has limited ability in reading, writing, speaking, or understanding the English language, and—
</text>
<subparagraph id="H5D8379F3CAFF4E89953DCEF8511DDF32">
<enum>
(A)
</enum>
<text>
whose native language is a language other than English; or
</text>
</subparagraph>
<subparagraph id="H9DC68F196BF3455388F3DBA73444A18B">
<enum>
(B)
</enum>
<text>
who lives in a family or community environment where a language other than English is the dominant language.
</text>
</subparagraph>
</paragraph>
<paragraph id="H497139216A394310A8BF00E7DFE7BB4F">
<enum>
(9)
</enum>
<header>
Integrated Education and Training
</header>
<text display-inline="yes-display-inline">
The term
<term>
integrated education and training
</term>
means services that provide adult education and literacy activities contextually and concurrently with workforce preparation activities and workforce training for a specific occupation or occupational cluster. Such services may include offering adult education services concurrent with postsecondary education and training, including through co-instruction.
</text>
</paragraph>
<paragraph id="HD9DFFF91BD1843E18A436765898281AC">
<enum>
(10)
</enum>
<header>
Institution of higher education
</header>
<text>
The term
<term>
institution of higher education
</term>
has the meaning given the term in section 101 of the Higher Education Act of 1965.
</text>
</paragraph>
<paragraph id="H18BE548E8AFF4FD7A3B12D332ADED48D">
<enum>
(11)
</enum>
<header>
Literacy
</header>
<text>
The term
<term>
literacy
</term>
means an individual’s ability to read, write, and speak in English, compute, and solve problems at a level of proficiency necessary to obtain employment and to successfully make the transition to postsecondary education.
</text>
</paragraph>
<paragraph id="H307E12EAA697403F86E179D2EEE12C7F">
<enum>
(12)
</enum>
<header>
Local educational agency
</header>
<text>
The term
<term>
local educational agency
</term>
has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.
</text>
</paragraph>
<paragraph id="HA31079B6E3F64E34980225ACEC1D51F6">
<enum>
(13)
</enum>
<header>
Outlying area
</header>
<text>
The term
<term>
outlying area
</term>
has the meaning given the term in section 101 of this Act.
</text>
</paragraph>
<paragraph id="H73D4076CA98845E69D3D152FF0FB3712">
<enum>
(14)
</enum>
<header>
Postsecondary educational institution
</header>
<text>
The term
<term>
postsecondary educational institution
</term>
means—
</text>
<subparagraph id="H0E434EB3E3AF428881A67F1735CF3A04">
<enum>
(A)
</enum>
<text>
an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree;
</text>
</subparagraph>
<subparagraph id="HA13341E8D27B4230AB5363BE088E73C1">
<enum>
(B)
</enum>
<text>
a tribally controlled community college; or
</text>
</subparagraph>
<subparagraph id="H271E2197C0094BE58A1744EA1DDEDD0C">
<enum>
(C)
</enum>
<text>
a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF2EF560DCFFB40E89D0FD16EB2B333E0">
<enum>
(15)
</enum>
<header>
Secretary
</header>
<text>
The term
<term>
Secretary
</term>
means the Secretary of Education.
</text>
</paragraph>
<paragraph id="H0730B2F6DA4743B48F9261D48C280DE2">
<enum>
(16)
</enum>
<header>
State
</header>
<text>
The term
<term>
State
</term>
means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
</text>
</paragraph>
<paragraph id="H0EE2080C89174F60801CF3B05D8D9E27">
<enum>
(17)
</enum>
<header>
State educational agency
</header>
<text>
The term
<term>
State educational agency
</term>
has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.
</text>
</paragraph>
<paragraph id="H7FFC8793764F4B8887B77C7A2D548ABE">
<enum>
(18)
</enum>
<header>
Workplace literacy program
</header>
<text>
The term
<term>
workplace literacy program
</term>
means an educational program that is offered in collaboration between eligible providers and employers or employee organizations for the purpose of improving the productivity of the workforce through the improvement of reading, writing, speaking, and math skills.
</text>
</paragraph>
</section>
<section id="H7F025F9C1C9A42999FE6B92ED3103B62">
<enum>
204.
</enum>
<header>
Home schools
</header>
<text display-inline="no-display-inline">
Nothing in this title shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, or to compel a parent engaged in home schooling to participate in adult education and family literacy education activities under this title.
</text>
</section>
<section id="HBD9888368342413185E9549C4F542C51">
<enum>
205.
</enum>
<header>
Authorization of appropriations
</header>
<text display-inline="no-display-inline">
There are authorized to be appropriated to carry out this title, $606,294,933 for fiscal years 2014 and for each of the 6 succeeding fiscal years.
</text>
</section>
<subtitle id="H39070CE2B7824FCE96559AD29C5CBB54">
<enum>
A
</enum>
<header>
Federal Provisions
</header>
<section id="H26B38404969C46D2A4EE29898D10DDF7">
<enum>
211.
</enum>
<header>
Reservation of funds; grants to eligible agencies; allotments
</header>
<subsection id="HD8FCC9AFFF16446884EFF2B9CD643C7E">
<enum>
(a)
</enum>
<header>
Reservation of funds
</header>
<text>
From the sums appropriated under section 205 for a fiscal year, the Secretary shall reserve 2.0 percent to carry out section 242.
</text>
</subsection>
<subsection id="H66DFBD11642C4C81AE6E9511D30282E2">
<enum>
(b)
</enum>
<header>
Grants to eligible agencies
</header>
<paragraph id="H851D9473130D4E37BAC9F53E33C932A4">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g).
</text>
</paragraph>
<paragraph id="H65FF10CBF6614ED59D5CE4EF8F716CD2">
<enum>
(2)
</enum>
<header>
Purpose of grants
</header>
<text>
The Secretary may award a grant under paragraph (1) only if the eligible agency involved agrees to expend the grant in accordance with the provisions of this title.
</text>
</paragraph>
</subsection>
<subsection id="HD4C2C5FD7BE84A5A93765F469D5B627C">
<enum>
(c)
</enum>
<header>
Allotments
</header>
<paragraph id="H4756EA6DD1404BB5A3E408559807A28A">
<enum>
(1)
</enum>
<header>
Initial allotments
</header>
<text>
From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224—
</text>
<subparagraph id="HC67B872BFEBB4601A80C3C755F8EC5CC">
<enum>
(A)
</enum>
<text>
$100,000, in the case of an eligible agency serving an outlying area; and
</text>
</subparagraph>
<subparagraph id="H2707C4FD3EA74DF79C9E2E2159ABA203">
<enum>
(B)
</enum>
<text>
$250,000, in the case of any other eligible agency.
</text>
</subparagraph>
</paragraph>
<paragraph id="H378E7AF4765446FBA3C5DCD2DC90AC1A">
<enum>
(2)
</enum>
<header>
Additional allotments
</header>
<text>
From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas.
</text>
</paragraph>
</subsection>
<subsection id="H84CB255EFD974D289B2DC19D034A6AB3">
<enum>
(d)
</enum>
<header>
Qualifying adult
</header>
<text>
For the purpose of subsection (c)(2), the term
<term>
qualifying adult
</term>
means an adult who—
</text>
<paragraph id="H29370A95971A4F5C804EC06ADF8629BD">
<enum>
(1)
</enum>
<text>
is at least 16 years of age;
</text>
</paragraph>
<paragraph id="H4BA74BBCFCCA4BC68962E9C25579FFD9">
<enum>
(2)
</enum>
<text>
is beyond the age of compulsory school attendance under the law of the State or outlying area;
</text>
</paragraph>
<paragraph id="H20CCE8066F48452F9FFD4F221E98C15A">
<enum>
(3)
</enum>
<text>
does not have a secondary school diploma or its recognized equivalent; and
</text>
</paragraph>
<paragraph id="H2C7666AA948243F4A80E97B39F0CF9C1">
<enum>
(4)
</enum>
<text>
is not enrolled in secondary school.
</text>
</paragraph>
</subsection>
<subsection id="HC99F1CE580C94A39AE210C5203E0E234">
<enum>
(e)
</enum>
<header>
Special rule
</header>
<paragraph id="HA10E3DB990124471BAFC730D5D39C787">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary.
</text>
</paragraph>
<paragraph id="H8D3F7C0D656F4DD491D7BD01D3305048">
<enum>
(2)
</enum>
<header>
Termination of eligibility
</header>
<text>
Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective.
</text>
</paragraph>
</subsection>
<subsection id="HD38E5041B2C94EE4BACD2C253ADF8F6E">
<enum>
(f)
</enum>
<header>
Hold-Harmless provisions
</header>
<paragraph id="H2539CFB0CC8A43E6A537355271B93E98">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Notwithstanding subsection (c) and subject to paragraph (2), for—
</text>
<subparagraph id="HA1938E0E09D44F378A0758C74E7DCEB4">
<enum>
(A)
</enum>
<text>
fiscal year 2014, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for fiscal year 2012 under this title; and
</text>
</subparagraph>
<subparagraph id="H59471FB93EC747A5B028AFFD73264691">
<enum>
(B)
</enum>
<text>
fiscal year 2015 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title.
</text>
</subparagraph>
</paragraph>
<paragraph id="H1645856E5BA349BE9DEA8E5964FDE0E6">
<enum>
(2)
</enum>
<header>
Ratable reduction
</header>
<text>
If, for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratable reduce the payments to all eligible agencies, as necessary.
</text>
</paragraph>
</subsection>
<subsection id="H9BC063CC2B0B4E599CAFC450573C03A4">
<enum>
(g)
</enum>
<header>
Reallotment
</header>
<text>
The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year.
</text>
</subsection>
</section>
<section id="HF4133C411AF0472DAA8718B61CE2B232">
<enum>
212.
</enum>
<header>
Performance accountability system
</header>
<text display-inline="no-display-inline">
Programs and activities authorized under this title are subject to the performance accountability provisions described in paragraph (2)(A) and (3) of section 136(b) and may, at a State’s discretion, include additional indicators identified in the State plan approved under section 224.
</text>
</section>
</subtitle>
<subtitle id="H7637C88508E244ECB3B11C8EAA9EDE73">
<enum>
B
</enum>
<header>
State Provisions
</header>
<section id="H7655B1FE5C8E42AFB7418EBDB6ECA350">
<enum>
221.
</enum>
<header>
State administration
</header>
<text display-inline="no-display-inline">
Each eligible agency shall be responsible for the following activities under this title:
</text>
<paragraph id="HE8F6D8DD2E3F487AAE60B03A30256254">
<enum>
(1)
</enum>
<text>
The development, submission, implementation, and monitoring of the State plan.
</text>
</paragraph>
<paragraph id="HBF2AEE3FC66A405AB4C9008AB871A336">
<enum>
(2)
</enum>
<text>
Consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title.
</text>
</paragraph>
<paragraph id="HCEABFE6712494B5897294A6DC870C2AC">
<enum>
(3)
</enum>
<text>
Coordination and avoidance of duplication with other Federal and State education, training, corrections, public housing, and social service programs.
</text>
</paragraph>
</section>
<section id="H52FA255153F34B4F822D948841C6E0DA">
<enum>
222.
</enum>
<header>
State distribution of funds; matching requirement
</header>
<subsection id="HA5A74A4DDB4447CABFC93EE749A589D5">
<enum>
(a)
</enum>
<header>
State distribution of funds
</header>
<text>
Each eligible agency receiving a grant under this title for a fiscal year—
</text>
<paragraph id="H595038BEC3084D63BC42166580102150">
<enum>
(1)
</enum>
<text>
shall use an amount not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 10 percent of such amount shall be available to carry out section 225;
</text>
</paragraph>
<paragraph id="H23745774B7494EBC84FD3FEE0A59E28A">
<enum>
(2)
</enum>
<text>
shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and
</text>
</paragraph>
<paragraph id="HBD45F977548945F694F039B921633DE0">
<enum>
(3)
</enum>
<text>
shall use not more than 5 percent of the grant funds, or $65,000, whichever is greater, for the administrative expenses of the eligible agency.
</text>
</paragraph>
</subsection>
<subsection id="HD3E67521B3F041DE9AC69990F1FBB588">
<enum>
(b)
</enum>
<header>
Matching requirement
</header>
<paragraph id="HC07C6A461B224D8E806ADA6BFBA823ED">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
In order to receive a grant from the Secretary under section 211(b), each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and family literacy education programs for which the grant is awarded, a non-Federal contribution in an amount that is not less than—
</text>
<subparagraph id="HD89E004EE2854B62AA21D11350C9BFF6">
<enum>
(A)
</enum>
<text>
in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and family literacy education programs in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and
</text>
</subparagraph>
<subparagraph id="H08F16A3E9CA54317991C094FD9DED251">
<enum>
(B)
</enum>
<text>
in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and family literacy education programs in the State.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3403807F8A394732A48828168871DAFE">
<enum>
(2)
</enum>
<header>
Non-federal contribution
</header>
<text>
An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and family literacy education programs in a manner that is consistent with the purpose of this title.
</text>
</paragraph>
</subsection>
</section>
<section id="H72EB9D774B3E49A3A1D4832A23680B73">
<enum>
223.
</enum>
<header>
State leadership activities
</header>
<subsection id="HB6EC77545D264A62842AABF808BCFDD7">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Each eligible agency may use funds made available under section 222(a)(2) for any of the following adult education and family literacy education programs:
</text>
<paragraph id="HA1F5388180CB4425A704D5A66EAFDEDB">
<enum>
(1)
</enum>
<text>
The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b).
</text>
</paragraph>
<paragraph id="H6BE928ABCC204C63839DED310B560B54">
<enum>
(2)
</enum>
<text>
The provision of technical assistance to eligible providers of adult education and family literacy education programs, including for the development and dissemination of evidence based research instructional practices in reading, writing, speaking, math, and English language acquisition programs.
</text>
</paragraph>
<paragraph id="HCA12A9046D094E7FA1B79E5C73417A58">
<enum>
(3)
</enum>
<text>
The provision of assistance to eligible providers in developing, implementing, and reporting measurable progress in achieving the objectives of this title.
</text>
</paragraph>
<paragraph id="H4435D48285094382B7AE0B23C240A6FB">
<enum>
(4)
</enum>
<text>
The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities.
</text>
</paragraph>
<paragraph id="H9DACDE49570440EB97BA1C0F2D27EC5F">
<enum>
(5)
</enum>
<text>
The provision of technology assistance, including staff training, to eligible providers of adult education and family literacy education programs, including distance education activities, to enable the eligible providers to improve the quality of such activities.
</text>
</paragraph>
<paragraph id="HECA809A0E32C4E6EB907348EBA156C4E">
<enum>
(6)
</enum>
<text>
The development and implementation of technology applications or distance education, including professional development to support the use of instructional technology.
</text>
</paragraph>
<paragraph id="H04E80F6BABE048D583553FC171162574">
<enum>
(7)
</enum>
<text>
Coordination with other public programs, including programs under title I of this Act, and other welfare-to-work, workforce development, and job training programs.
</text>
</paragraph>
<paragraph id="H38366C7F049943459BB3C93FBCA3D34A">
<enum>
(8)
</enum>
<text>
Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and family literacy education programs, for adults enrolled in such activities.
</text>
</paragraph>
<paragraph id="H8C4EEDBDEFFE40D1B2B56563D6902477">
<enum>
(9)
</enum>
<text>
The development and implementation of a system to assist in the transition from adult basic education to postsecondary education.
</text>
</paragraph>
<paragraph id="HD454B17B929C4F3BBF4FFC51B8BFF60F">
<enum>
(10)
</enum>
<text>
Activities to promote workplace literacy programs.
</text>
</paragraph>
<paragraph id="H28F4CB0BD9FA4AA5B588B1D7B233A937">
<enum>
(11)
</enum>
<text>
Other activities of statewide significance, including assisting eligible providers in achieving progress in improving the skill levels of adults who participate in programs under this title.
</text>
</paragraph>
<paragraph id="HF781417E05124F2DB00206C716CB2538">
<enum>
(12)
</enum>
<text>
Integration of literacy, instructional, and occupational skill training and promotion of linkages with employees.
</text>
</paragraph>
</subsection>
<subsection id="HBD1D4C9E26854E938548B59C9CFF2167">
<enum>
(b)
</enum>
<header>
Coordination
</header>
<text>
In carrying out this section, eligible agencies shall coordinate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a).
</text>
</subsection>
<subsection id="H61DBC5FA5CEA4B16908814E57E083A76">
<enum>
(c)
</enum>
<header>
State-Imposed requirements
</header>
<text>
Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area.
</text>
</subsection>
</section>
<section id="HA5370C6C91EF4267B9A0404DB94CA7DC">
<enum>
224.
</enum>
<header>
State plan
</header>
<subsection id="HC456D2E22EAB449D87040F71EABDA95C">
<enum>
(a)
</enum>
<header>
3-Year plans
</header>
<paragraph id="H885874181D0C420BA5C402578B0DE5B7">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Each eligible agency desiring a grant under this title for any fiscal year shall submit to, or have on file with, the Secretary a 3-year State plan.
</text>
</paragraph>
<paragraph id="HA03A3734D526422BBD4F6673CAE36B83">
<enum>
(2)
</enum>
<header>
State unified plan
</header>
<text>
The eligible agency may submit the State plan as part of a State unified plan described in section 501.
</text>
</paragraph>
</subsection>
<subsection id="H52A23EFF357248C8B067DC9CEEAC2BFC">
<enum>
(b)
</enum>
<header>
Plan contents
</header>
<text>
The eligible agency shall include in the State plan or any revisions to the State plan—
</text>
<paragraph id="HD8E71512E296442594E2D5912220F43B">
<enum>
(1)
</enum>
<text>
an objective assessment of the needs of individuals in the State or outlying area for adult education and family literacy education programs, including individuals most in need or hardest to serve;
</text>
</paragraph>
<paragraph id="HA5E606D7F69E4FA696C1DDA2D07420E7">
<enum>
(2)
</enum>
<text>
a description of the adult education and family literacy education programs that will be carried out with funds received under this title;
</text>
</paragraph>
<paragraph id="H64279ABA162F4BA3B7F0D3BA26EE23D7">
<enum>
(3)
</enum>
<text>
an assurance that the funds received under this title will not be expended for any purpose other than for activities under this title;
</text>
</paragraph>
<paragraph id="HD7FEC733FD954569A8B4855DDAC2D758">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
a description of how the eligible agency will annually evaluate and measure the effectiveness and improvement of the adult education and family literacy education programs funded under this title using the indicators of performance described in section 136, including how the eligible agency will conduct such annual evaluations and measures for each grant received under this title;
</text>
</paragraph>
<paragraph id="HF19D82441264497088F38EA4C6A0661D">
<enum>
(5)
</enum>
<text>
a description of how the eligible agency will fund local activities in accordance with the measurable goals described in section 231(d);
</text>
</paragraph>
<paragraph id="H7E406A7E2FCE4044AF4190FBE4BE0060">
<enum>
(6)
</enum>
<text>
an assurance that the eligible agency will expend the funds under this title only in a manner consistent with fiscal requirements in section 241;
</text>
</paragraph>
<paragraph id="H0410C34036A04CBD831EFFA2E784ED62">
<enum>
(7)
</enum>
<text>
a description of the process that will be used for public participation and comment with respect to the State plan, which—
</text>
<subparagraph id="HEE2C8619F2F04269B753A1CBC4F675D5">
<enum>
(A)
</enum>
<text>
shall include consultation with the State workforce investment board, the State board responsible for administering community or technical colleges, the Governor, the State educational agency, the State board or agency responsible for administering block grants for temporary assistance to needy families under title IV of the Social Security Act, the State council on disabilities, the State vocational rehabilitation agency, and other State agencies that promote the improvement of adult education and family literacy education programs, and direct providers of such programs; and
</text>
</subparagraph>
<subparagraph id="H643EF1C770E04EEAAD8CDD674D41CBD3">
<enum>
(B)
</enum>
<text>
may include consultation with the State agency on higher education, institutions responsible for professional development of adult education and family literacy education programs instructors, representatives of business and industry, refugee assistance programs, and faith-based organizations;
</text>
</subparagraph>
</paragraph>
<paragraph id="HB3771B285649409B8C637ED980AA90A5">
<enum>
(8)
</enum>
<text>
a description of the eligible agency’s strategies for serving populations that include, at a minimum—
</text>
<subparagraph id="HC866433315844AC0B868FD226ED12EE8">
<enum>
(A)
</enum>
<text>
low-income individuals;
</text>
</subparagraph>
<subparagraph id="HA4A7B8F336BB49ADA9DD665CBCCB1F4F">
<enum>
(B)
</enum>
<text>
individuals with disabilities;
</text>
</subparagraph>
<subparagraph id="H29A57480E3DF4F37B5CF9C95633BFA9C">
<enum>
(C)
</enum>
<text>
the unemployed;
</text>
</subparagraph>
<subparagraph id="H3B2AE5878024427BAA1DD0551B15C718">
<enum>
(D)
</enum>
<text>
the underemployed; and
</text>
</subparagraph>
<subparagraph id="H9DD54E72727E417B8690B5922E0BEB9E">
<enum>
(E)
</enum>
<text>
individuals with multiple barriers to educational enhancement, including English learners;
</text>
</subparagraph>
</paragraph>
<paragraph id="H14E5083AEF4940929786FD9A75131C4D">
<enum>
(9)
</enum>
<text>
a description of how the adult education and family literacy education programs that will be carried out with any funds received under this title will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency;
</text>
</paragraph>
<paragraph id="H8EAB23CFE87445A98E2EB64F797ED94C">
<enum>
(10)
</enum>
<text>
a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 231(c)(1), including—
</text>
<subparagraph id="HB8AB0C7E876D435CB403013C2C26E378">
<enum>
(A)
</enum>
<text>
how the State will build the capacity of community-based and faith-based organizations to provide adult education and family literacy education programs; and
</text>
</subparagraph>
<subparagraph id="HCE1AC31C7C424E5EA46F968196664D17">
<enum>
(B)
</enum>
<text>
how the State will increase the participation of business and industry in adult education and family literacy education programs;
</text>
</subparagraph>
</paragraph>
<paragraph id="H65FBC787B2D7473A83D27FD1A63307A7">
<enum>
(11)
</enum>
<text>
an assessment of the adequacy of the system of the State or outlying area to ensure teacher quality and a description of how the State or outlying area will use funds received under this subtitle to improve teacher quality, including evidence-based professional development to improve instruction; and
</text>
</paragraph>
<paragraph id="HC8696D668575479C8344AD8D0F2BD057">
<enum>
(12)
</enum>
<text>
a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs.
</text>
</paragraph>
</subsection>
<subsection id="HC13FD0DFDEEE4B47AA0FC4DEBF84C447">
<enum>
(c)
</enum>
<header>
Plan revisions
</header>
<text>
When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions of the State plan to the Secretary.
</text>
</subsection>
<subsection id="H099A9BE3E7E240179C19AE571F41FF4A">
<enum>
(d)
</enum>
<header>
Consultation
</header>
<text>
The eligible agency shall—
</text>
<paragraph id="H371FC761FCDC441389A67F923C5D6558">
<enum>
(1)
</enum>
<text>
submit the State plan, and any revisions to the State plan, to the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, or outlying area for review and comment; and
</text>
</paragraph>
<paragraph id="HABA1A638143D442581E69529C1B585AD">
<enum>
(2)
</enum>
<text>
ensure that any comments regarding the State plan by the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, and any revision to the State plan, are submitted to the Secretary.
</text>
</paragraph>
</subsection>
<subsection id="H234F808623544CDA81B61BE182CAA022">
<enum>
(e)
</enum>
<header>
Plan approval
</header>
<text>
The Secretary shall—
</text>
<paragraph id="H4B2EB140918449749DBCDEDCCB468AB1">
<enum>
(1)
</enum>
<text>
approve a State plan within 90 days after receiving the plan unless the Secretary makes a written determination within 30 days after receiving the plan that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and
</text>
</paragraph>
<paragraph id="H81935C41184B4FA285601DDE6B6F4893">
<enum>
(2)
</enum>
<text>
not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (3), to review the plan and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle.
</text>
</paragraph>
</subsection>
</section>
<section id="H83D551B17D984666B36D909506F5A31E">
<enum>
225.
</enum>
<header>
Programs for corrections education and other institutionalized individuals
</header>
<subsection id="H2F2D3892212648A4B9E4A091F81B2617">
<enum>
(a)
</enum>
<header>
Program authorized
</header>
<text>
From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals.
</text>
</subsection>
<subsection id="H4DA21C2311E748719FD10D87F467C8DD">
<enum>
(b)
</enum>
<header>
Uses of funds
</header>
<text>
The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for—
</text>
<paragraph id="H59EFC685CFE844CA8DF56BAD96E29069">
<enum>
(1)
</enum>
<text>
basic skills education;
</text>
</paragraph>
<paragraph id="HEFDEBD4A31614844B3F66A6B793FEE88">
<enum>
(2)
</enum>
<text>
special education programs as determined by the eligible agency;
</text>
</paragraph>
<paragraph id="H6DD4F04EC7D04DE08EE6A5D37B297746">
<enum>
(3)
</enum>
<text>
reading, writing, speaking, and math programs;
</text>
</paragraph>
<paragraph id="H64153D5329DE45F3868C003B737598B2">
<enum>
(4)
</enum>
<text>
secondary school credit or diploma programs or their recognized equivalent; and
</text>
</paragraph>
<paragraph id="H9F5EDE6C8CC04D1DA9093B6BD7077C61">
<enum>
(5)
</enum>
<text>
integrated education and training.
</text>
</paragraph>
</subsection>
<subsection id="H821F3BD57E21485BB2B4A33756FA2534">
<enum>
(c)
</enum>
<header>
Priority
</header>
<text>
Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program.
</text>
</subsection>
<subsection id="H3CE5508AF44B4669A35FE9EB318DDEFA">
<enum>
(d)
</enum>
<header>
Definitions
</header>
<text>
For purposes of this section:
</text>
<paragraph id="H5B7E0D71448D42B38B9D31580E84AAB4">
<enum>
(1)
</enum>
<header>
Correctional institution
</header>
<text>
The term
<term>
correctional institution
</term>
means any—
</text>
<subparagraph id="HE2D120CED34642228EC4FC27D3A297F1">
<enum>
(A)
</enum>
<text>
prison;
</text>
</subparagraph>
<subparagraph id="H8635F9067A714611901CE4323FAB5D5A">
<enum>
(B)
</enum>
<text>
jail;
</text>
</subparagraph>
<subparagraph id="HD302E5159DD64AB2A8D9ED20E864BE80">
<enum>
(C)
</enum>
<text>
reformatory;
</text>
</subparagraph>
<subparagraph id="H68292ED997594372B0F746383B05ADA9">
<enum>
(D)
</enum>
<text>
work farm;
</text>
</subparagraph>
<subparagraph id="HA5896E972259405AB772D1F1617171B5">
<enum>
(E)
</enum>
<text>
detention center; or
</text>
</subparagraph>
<subparagraph id="H066E4FEE64FE48368C7350F7A32CE66A">
<enum>
(F)
</enum>
<text>
halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0520D7469A134FBDB9B9B166E008159D">
<enum>
(2)
</enum>
<header>
Criminal offender
</header>
<text>
The term
<term>
criminal offender
</term>
means any individual who is charged with, or convicted of, any criminal offense.
</text>
</paragraph>
</subsection>
</section>
</subtitle>
<subtitle id="H30CB685E2A4A41B48EC69F149E06069B">
<enum>
C
</enum>
<header>
Local Provisions
</header>
<section id="H9640BEAE25FF48FD9CB9BF58B8C9C031">
<enum>
231.
</enum>
<header>
Grants and contracts for eligible providers
</header>
<subsection id="H1B3764839DB649F69D5AE7929C606F27">
<enum>
(a)
</enum>
<header>
Grants and contracts
</header>
<text>
From grant funds made available under section 222(a)(1), each eligible agency shall award multi-year grants or contracts, on a competitive basis, to eligible providers within the State or outlying area that meet the conditions and requirements of this title to enable the eligible providers to develop, implement, and improve adult education and family literacy education programs within the State.
</text>
</subsection>
<subsection id="H35E4E2C2409A46EC8565E43C1F645440">
<enum>
(b)
</enum>
<header>
Local activities
</header>
<text>
The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to establish or operate—
</text>
<paragraph id="HD92E1D0A112E476AABEC1A5E40FEC113">
<enum>
(1)
</enum>
<text>
programs that provide adult education and literacy activities;
</text>
</paragraph>
<paragraph id="H1F0132012F5E41DCBBDCCF46993D21C0">
<enum>
(2)
</enum>
<text>
programs that provide integrated employment and training activities; or
</text>
</paragraph>
<paragraph id="H8C43BA03921D48A3BFC87959176D9402">
<enum>
(3)
</enum>
<text>
credit-bearing postsecondary coursework.
</text>
</paragraph>
</subsection>
<subsection id="H417B671D7E604DDAB0367EB4CC38BE00">
<enum>
(c)
</enum>
<header>
Direct and equitable access; same process
</header>
<text>
Each eligible agency receiving funds under this title shall ensure that—
</text>
<paragraph id="H7DF9BD9155CC4E099F66D410F708834E">
<enum>
(1)
</enum>
<text>
all eligible providers have direct and equitable access to apply for grants or contracts under this section; and
</text>
</paragraph>
<paragraph id="H6971A4DED3954907A7E89515DD15EC46">
<enum>
(2)
</enum>
<text>
the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area.
</text>
</paragraph>
</subsection>
<subsection id="H2B2107BBEB0248F7828BA9BCB90EDFBA">
<enum>
(d)
</enum>
<header>
Measurable goals
</header>
<text>
The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to demonstrate—
</text>
<paragraph id="H704C3A2190D4408590DFFABE6190F6DB">
<enum>
(1)
</enum>
<text>
the eligible provider’s measurable goals for participant outcomes to be achieved annually on the core indicators of performance described in section 136(b)(2)(A);
</text>
</paragraph>
<paragraph id="HF3073A4F2F904585A883BB1A70E0B4C0">
<enum>
(2)
</enum>
<text>
the past effectiveness of the eligible provider in improving the basic academic skills of adults and, for eligible providers receiving grants in the prior year, the success of the eligible provider receiving funding under this title in exceeding its performance goals in the prior year;
</text>
</paragraph>
<paragraph id="H51404473B6ED436CAA443C49713C4511">
<enum>
(3)
</enum>
<text>
the commitment of the eligible provider to serve individuals in the community who are the most in need of basic academic skills instruction services, including individuals with disabilities and individuals who are low-income or have minimal reading, writing, speaking, and math skills, or are English learners;
</text>
</paragraph>
<paragraph id="H5B05A01201C849FAB0D921F8C6D3AFF7">
<enum>
(4)
</enum>
<text>
the program is of sufficient intensity and quality for participants to achieve substantial learning gains;
</text>
</paragraph>
<paragraph id="H2C70DFAEE9BF46F7B4486936832D1038">
<enum>
(5)
</enum>
<text>
educational practices are evidence-based;
</text>
</paragraph>
<paragraph id="H57D51963C18D49FFB6C0C79879C0F49C">
<enum>
(6)
</enum>
<text>
the activities of the eligible provider effectively employ advances in technology, and delivery systems including distance education;
</text>
</paragraph>
<paragraph id="H7F99AF571EBE4418A452E17F03BE4F4E">
<enum>
(7)
</enum>
<text>
the activities provide instruction in real-life contexts, including integrated education and training when appropriate, to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship;
</text>
</paragraph>
<paragraph id="HC442C051A052409D85DA8D14DBB33C55">
<enum>
(8)
</enum>
<text>
the activities are staffed by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the State;
</text>
</paragraph>
<paragraph id="H38ECBBA31F084DBD971A4B7D23C2340B">
<enum>
(9)
</enum>
<text>
the activities are coordinated with other available resources in the community, such as through strong links with elementary schools and secondary schools, postsecondary educational institutions, local workforce investment boards, one-stop centers, job training programs, community-based and faith-based organizations, and social service agencies;
</text>
</paragraph>
<paragraph id="H7964CD01951D4C7783A02D960F826758">
<enum>
(10)
</enum>
<text>
the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs;
</text>
</paragraph>
<paragraph id="HFBD1F8664D1F4113A68AF867DB975684">
<enum>
(11)
</enum>
<text>
the activities include a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and to monitor program performance;
</text>
</paragraph>
<paragraph id="HB33A5BAB02204E41B6F2E87F5ED5F924">
<enum>
(12)
</enum>
<text>
the local communities have a demonstrated need for additional English language acquisition programs, and integrated education and training programs;
</text>
</paragraph>
<paragraph id="H6A0CF4B7A2DB4BDEB974019469B56839">
<enum>
(13)
</enum>
<text>
the capacity of the eligible provider to produce valid information on performance results, including enrollments and measurable participant outcomes;
</text>
</paragraph>
<paragraph id="HA284440DEECD447DB0D61858739FE4AB">
<enum>
(14)
</enum>
<text>
adult education and family literacy education programs offer rigorous reading, writing, speaking, and math content that are evidence based; and
</text>
</paragraph>
<paragraph id="H23AE08E44FF94D4A9721933B6A26E70E">
<enum>
(15)
</enum>
<text>
applications of technology, and services to be provided by the eligible providers, are of sufficient intensity and duration to increase the amount and quality of learning and lead to measurable learning gains within specified time periods.
</text>
</paragraph>
</subsection>
<subsection id="H996B1E00ECB84AF1B92AF8E2518A192A">
<enum>
(e)
</enum>
<header>
Special rule
</header>
<text>
Eligible providers may use grant funds under this title to serve children participating in family literacy programs assisted under this part, provided that other sources of funds available to provide similar services for such children are used first.
</text>
</subsection>
</section>
<section id="HA9D6D898C59A42E88115C86578DCAB5B">
<enum>
232.
</enum>
<header>
Local application
</header>
<text display-inline="no-display-inline">
Each eligible provider desiring a grant or contract under this title shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including—
</text>
<paragraph id="HA3BD430AA65F4340A63FB139F5322AFA">
<enum>
(1)
</enum>
<text>
a description of how funds awarded under this title will be spent consistent with the requirements of this title;
</text>
</paragraph>
<paragraph id="H931A4E24AD8A44AEAA4738538E8289BE">
<enum>
(2)
</enum>
<text>
a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and family literacy education programs; and
</text>
</paragraph>
<paragraph id="H20449FDD189F43F1826742416DA3B3F8">
<enum>
(3)
</enum>
<text>
each of the demonstrations required by section 231(d).
</text>
</paragraph>
</section>
<section id="HE951D6EAAE2A4CC88C7463EAC495ED39">
<enum>
233.
</enum>
<header>
Local administrative cost limits
</header>
<subsection id="H37EC2D1409354FE1BA1BC373780343D1">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Subject to subsection (b), of the amount that is made available under this title to an eligible provider—
</text>
<paragraph id="H4C78FFD1BE98443E82D7243290A6EC51">
<enum>
(1)
</enum>
<text>
at least 95 percent shall be expended for carrying out adult education and family literacy education programs; and
</text>
</paragraph>
<paragraph id="H56DF3E72E68A44A5B219F4FA3C68C693">
<enum>
(2)
</enum>
<text>
the remaining amount shall be used for planning, administration, personnel and professional development, development of measurable goals in reading, writing, speaking, and math, and interagency coordination.
</text>
</paragraph>
</subsection>
<subsection id="H6422A9AEFA1A4484AB798897AE94D123">
<enum>
(b)
</enum>
<header>
Special rule
</header>
<text>
In cases where the cost limits described in subsection (a) are too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the eligible provider may negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes.
</text>
</subsection>
</section>
</subtitle>
<subtitle id="HD84BC7F16A784B75BFAB42A45EAB0271">
<enum>
D
</enum>
<header>
General Provisions
</header>
<section id="HAA8D616C3516434F8B8CEEBB60A50BA6">
<enum>
241.
</enum>
<header>
Administrative provisions
</header>
<text display-inline="no-display-inline">
Funds made available for adult education and family literacy education programs under this title shall supplement and not supplant other State or local public funds expended for adult education and family literacy education programs.
</text>
</section>
<section id="HA5E23D5AF1BF47D89BF8E6F88316F4EA">
<enum>
242.
</enum>
<header>
National activities
</header>
<text display-inline="no-display-inline">
The Secretary shall establish and carry out a program of national activities that may include the following:
</text>
<paragraph id="HD02F7AA1D6C7491393AEE356349974E8">
<enum>
(1)
</enum>
<text>
Providing technical assistance to eligible entities, on request, to—
</text>
<subparagraph id="HAADDE620B5874EDDA9D5128251E57985">
<enum>
(A)
</enum>
<text>
improve their fiscal management, research-based instruction, and reporting requirements to carry out the requirements of this title;
</text>
</subparagraph>
<subparagraph id="H4E695D971F4A495D923D552C56F32A21">
<enum>
(B)
</enum>
<text>
improve its performance on the core indicators of performance described in section 136;
</text>
</subparagraph>
<subparagraph id="H28C48A4FDEB74F888398A7E9EB387C71">
<enum>
(C)
</enum>
<text>
provide adult education professional development; and
</text>
</subparagraph>
<subparagraph id="HB38B53B6DC3A480EBAC9B3598099199D">
<enum>
(D)
</enum>
<text>
use distance education and improve the application of technology in the classroom, including instruction in English language acquisition for English learners.
</text>
</subparagraph>
</paragraph>
<paragraph id="H38D1FA37EAF4419291C4FAB9149C4D66">
<enum>
(2)
</enum>
<text>
Providing for the conduct of research on national literacy basic skill acquisition levels among adults, including the number of adult English learners functioning at different levels of reading proficiency.
</text>
</paragraph>
<paragraph id="HB3D564041CAD4146B0059A0B7D92E318">
<enum>
(3)
</enum>
<text>
Improving the coordination, efficiency, and effectiveness of adult education and workforce development services at the national, State, and local levels.
</text>
</paragraph>
<paragraph id="HC8ABE98BDC6741D9982859B326E97A73">
<enum>
(4)
</enum>
<text>
Determining how participation in adult education, English language acquisition, and family literacy education programs prepares individuals for entry into and success in postsecondary education and employment, and in the case of prison-based services, the effect on recidivism.
</text>
</paragraph>
<paragraph id="H7ED934B029744D9CB80D97722DFBE043">
<enum>
(5)
</enum>
<text>
Evaluating how different types of providers, including community and faith-based organizations or private for-profit agencies measurably improve the skills of participants in adult education, English language acquisition, and family literacy education programs.
</text>
</paragraph>
<paragraph id="HFCC7311090BE449A93835702EAED8134">
<enum>
(6)
</enum>
<text>
Identifying model integrated basic and workplace skills education programs, including programs for English learners coordinated literacy and employment services, and effective strategies for serving adults with disabilities.
</text>
</paragraph>
<paragraph id="H72A92E1AC04D42F78074F58C0100E82C">
<enum>
(7)
</enum>
<text>
Initiating other activities designed to improve the measurable quality and effectiveness of adult education, English language acquisition, and family literacy education programs nationwide.
</text>
</paragraph>
</section>
</subtitle>
</title>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</title>
<title id="H4E9798CBCCEC48B5B5909616F1171316">
<enum>
III
</enum>
<header>
AMENDMENTS TO THE WAGNER-PEYSER ACT
</header>
<section id="H6955F602D5424EAC84AE8D256DD0207E">
<enum>
301.
</enum>
<header>
Amendments to the Wagner-Peyser Act
</header>
<text display-inline="no-display-inline">
The Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
) is amended by amending section 15 to read as follows:
</text>
<quoted-block id="HA0A0FF50FB8E4B7A9AD4AA6F4D335CC4" style="OLC">
<section id="H18608E576BCA47B3A987518684727ED2">
<enum>
15.
</enum>
<header>
Workforce and labor market information system
</header>
<subsection id="HF562B327666247D1B8D586D4D679EF0B">
<enum>
(a)
</enum>
<header>
System content
</header>
<paragraph id="H547DCDABCBE94041AF1BF9062991EFAC">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Secretary of Labor, in accordance with the provisions of this section, shall oversee the development, maintenance, and continuous improvement of a nationwide workforce and labor market information system that includes—
</text>
<subparagraph id="HE3D4271F3F0B49AC8FF16C54CCC42A21">
<enum>
(A)
</enum>
<text>
statistical data from cooperative statistical survey and projection programs and data from administrative reporting systems that, taken together, enumerate, estimate, and project employment opportunities and conditions at national, State, and local levels in a timely manner, including statistics on—
</text>
<clause id="HC01E2C256E2D489A88A4AF7A0FEE04C5">
<enum>
(i)
</enum>
<text>
employment and unemployment status of national, State, and local populations, including self-employed, part-time, and seasonal workers;
</text>
</clause>
<clause id="HB2BDF7B1621B499F882D7FFDEBBE8A6B">
<enum>
(ii)
</enum>
<text>
industrial distribution of occupations, as well as current and projected employment opportunities, wages, benefits (where data is available), and skill trends by occupation and industry, with particular attention paid to State and local conditions;
</text>
</clause>
<clause id="H3AC3B2B396BA40CAA68037DA43A80F4D">
<enum>
(iii)
</enum>
<text>
the incidence of, industrial and geographical location of, and number of workers displaced by, permanent layoffs and plant closings; and
</text>
</clause>
<clause id="H10D452826ECF4B8880C8402CDC85EFEB">
<enum>
(iv)
</enum>
<text>
employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation;
</text>
</clause>
</subparagraph>
<subparagraph id="H66165DE951764F23830C2A152AA48875">
<enum>
(B)
</enum>
<text>
information on State and local employment opportunities, and other appropriate statistical data related to labor market dynamics, which—
</text>
<clause id="HD17FF4F82ABE4FA693C3563EDAEDD5D7">
<enum>
(i)
</enum>
<text>
shall be current and comprehensive;
</text>
</clause>
<clause id="HD09B6ED05DF243F985B9933D7A17CC44">
<enum>
(ii)
</enum>
<text>
shall meet the needs identified through the consultations described in subparagraphs (A) and (B) of subsection (e)(2); and
</text>
</clause>
<clause id="H6FF2323D3C3944C497F4BACEC75872C9">
<enum>
(iii)
</enum>
<text>
shall meet the needs for the information identified in section 121;
</text>
</clause>
</subparagraph>
<subparagraph id="HEC315929AE3F4BF28602961E3AB8A903">
<enum>
(C)
</enum>
<text>
technical standards (which the Secretary shall publish annually) for data and information described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/44/35">
chapter 35
</external-xref>
of title 44, United States Code;
</text>
</subparagraph>
<subparagraph id="HB7588558E2ED49B4BD0537D1E63C0452">
<enum>
(D)
</enum>
<text>
procedures to ensure compatibility and additivity of the data and information described in subparagraphs (A) and (B) from national, State, and local levels;
</text>
</subparagraph>
<subparagraph id="H22998369EE7049848FE2483C18CA21FF">
<enum>
(E)
</enum>
<text>
procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph (A) of employment-related programs;
</text>
</subparagraph>
<subparagraph id="H17A91BEA45D249DDA51CEF65A57060B9">
<enum>
(F)
</enum>
<text>
analysis of data and information described in subparagraphs (A) and (B) for uses such as—
</text>
<clause id="H65BDA0538D9143FCBEF9867B4D3E39F2">
<enum>
(i)
</enum>
<text>
national, State, and local policymaking;
</text>
</clause>
<clause id="H7C1816F0FBC04E88AF13756F969C4867">
<enum>
(ii)
</enum>
<text>
implementation of Federal policies (including allocation formulas);
</text>
</clause>
<clause id="HCA50AD949C724542B0BA03F0E85A9CD6">
<enum>
(iii)
</enum>
<text>
program planning and evaluation; and
</text>
</clause>
<clause id="H9B4C7CC6D71946FEA17590A8E1AD1A8F">
<enum>
(iv)
</enum>
<text>
researching labor market dynamics;
</text>
</clause>
</subparagraph>
<subparagraph id="HBAECFCBB866447D894303096303B8D00">
<enum>
(G)
</enum>
<text>
wide dissemination of such data, information, and analysis in a user-friendly manner and voluntary technical standards for dissemination mechanisms; and
</text>
</subparagraph>
<subparagraph id="HDBDAB2213D664F4998F46456CB4330F7">
<enum>
(H)
</enum>
<text>
programs of—
</text>
<clause id="H0B26E7D009114936A7B04A0665A07334">
<enum>
(i)
</enum>
<text>
training for effective data dissemination;
</text>
</clause>
<clause id="HAE188AF414CF4AC7A1EDD09272B84299">
<enum>
(ii)
</enum>
<text>
research and demonstration; and
</text>
</clause>
<clause id="H4925973D415147118BEDDDF3DCD13358">
<enum>
(iii)
</enum>
<text>
programs and technical assistance.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H8F383984C1B649D288AB9E066618725F">
<enum>
(2)
</enum>
<header>
Information to be confidential
</header>
<subparagraph id="H4380D097DF18453BA78D2C09D6E74E84">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
No officer or employee of the Federal Government or agent of the Federal Government may—
</text>
<clause id="H2778CFB8E75044338C356F83C5C48B2F">
<enum>
(i)
</enum>
<text>
use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes for which the submission is furnished;
</text>
</clause>
<clause id="H2B824C62AFE14E11B1B6B6C4A68E1489">
<enum>
(ii)
</enum>
<text>
disclose to the public any publication or media transmittal of the data contained in the submission described in clause (i) that permits information concerning an individual subject to be reasonably inferred by either direct or indirect means; or
</text>
</clause>
<clause id="HF3FAA06CE3614B00A197FFEEF403A4B7">
<enum>
(iii)
</enum>
<text>
permit anyone other than a sworn officer, employee, or agent of any Federal department or agency, or a contractor (including an employee of a contractor) of such department or agency, to examine an individual submission described in clause (i),
</text>
</clause>
<continuation-text continuation-text-level="subparagraph">
without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission.
</continuation-text>
</subparagraph>
<subparagraph id="H22AED5B05AA346EBBF2321FC4F0422C3">
<enum>
(B)
</enum>
<header>
Immunity from legal process
</header>
<text>
Any submission (including any data derived from the submission) that is collected and retained by a Federal department or agency, or an officer, employee, agent, or contractor of such a department or agency, for exclusively statistical purposes under this section shall be immune from the legal process and shall not, without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding.
</text>
</subparagraph>
<subparagraph id="H389E667AEC4349DEA94D718D6518163D">
<enum>
(C)
</enum>
<header>
Rule of construction
</header>
<text>
Nothing in this section shall be construed to provide immunity from the legal process for such submission (including any data derived from the submission) if the submission is in the possession of any person, agency, or entity other than the Federal Government or an officer, employee, agent, or contractor of the Federal Government, or if the submission is independently collected, retained, or produced for purposes other than the purposes of this Act.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H18D7758DA8E44821B033F5D343AAD766">
<enum>
(b)
</enum>
<header>
System responsibilities
</header>
<paragraph id="H4F95B71CEF974CC5A37E93BBF53E45FF">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The workforce and labor market information system described in subsection (a) shall be planned, administered, overseen, and evaluated through a cooperative governance structure involving the Federal Government and States.
</text>
</paragraph>
<paragraph id="HB7533933AB604DF2A2536B2F572C1D43">
<enum>
(2)
</enum>
<header>
Duties
</header>
<text>
The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties:
</text>
<subparagraph id="H0395DC449013465ABCFAC0251CFA2579">
<enum>
(A)
</enum>
<text>
Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that all statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions.
</text>
</subparagraph>
<subparagraph id="H7D13E8E5A8184DD99F9C463FF14F3F48">
<enum>
(B)
</enum>
<text>
Actively seek the cooperation of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities.
</text>
</subparagraph>
<subparagraph id="H549DB8E323124876A1C1F46013455D42">
<enum>
(C)
</enum>
<text>
Eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority.
</text>
</subparagraph>
<subparagraph id="HCEC306DB6E384FBFBB789C052DDD07FD">
<enum>
(D)
</enum>
<text>
In collaboration with the Bureau of Labor Statistics and States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1).
</text>
</subparagraph>
<subparagraph id="H9B9F2E685EA14D21A846F3829BDFA2BD">
<enum>
(E)
</enum>
<text>
Establish procedures for the system to ensure that—
</text>
<clause id="HFB72EFAEE56B4F6F838E5C86C8FAB42B">
<enum>
(i)
</enum>
<text>
such data and information are timely;
</text>
</clause>
<clause id="H37F45546ED4045E0B425A06D92B07A4C">
<enum>
(ii)
</enum>
<text>
paperwork and reporting for the system are reduced to a minimum; and
</text>
</clause>
<clause id="HEF38D7F4B5FA4E1CA090DA45FCA7968A">
<enum>
(iii)
</enum>
<text>
States and localities are fully involved in the development and continuous improvement of the system at all levels.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H5EC0F9BBE0B6479CAC02D675C4296A0B">
<enum>
(c)
</enum>
<header>
National electronic tools To provide services
</header>
<text>
The Secretary is authorized to assist in the development of national electronic tools that may be used to facilitate the delivery of work ready services described in section 134(c)(2) and to provide workforce information to individuals through the one-stop delivery systems described in section 121 and through other appropriate delivery systems.
</text>
</subsection>
<subsection id="H518AB557D9BB4FA8822D630912A83C79">
<enum>
(d)
</enum>
<header>
Coordination with the states
</header>
<paragraph id="HBA8C0B1362724006A82F6936BE8676D8">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Secretary, working through the Bureau of Labor Statistics and the Employment and Training Administration, shall regularly consult with representatives of State agencies carrying out workforce information activities regarding strategies for improving the workforce and labor market information system.
</text>
</paragraph>
<paragraph id="HA57FF9B7CD1A473088B77E9DF8B2F1CA">
<enum>
(2)
</enum>
<header>
Formal consultations
</header>
<text>
At least twice each year, the Secretary, working through the Bureau of Labor Statistics, shall conduct formal consultations regarding programs carried out by the Bureau of Labor Statistics with representatives of each of the Federal regions of the Bureau of Labor Statistics, elected (pursuant to a process established by the Secretary) from the State directors affiliated with State agencies that perform the duties described in subsection (e)(2).
</text>
</paragraph>
</subsection>
<subsection id="H84EEB75E43E64183AA575F83E4259967">
<enum>
(e)
</enum>
<header>
State responsibilities
</header>
<paragraph id="HAEAC45741A8A4C4B971F6F4038A43456">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
In order to receive Federal financial assistance under this section, the Governor of a State shall—
</text>
<subparagraph id="H970DF08E6C204D1E86D8757F5844BABD">
<enum>
(A)
</enum>
<text>
be responsible for the management of the portions of the workforce and labor market information system described in subsection (a) that comprise a statewide workforce and labor market information system and for the State’s participation in the development of the annual plan;
</text>
</subparagraph>
<subparagraph id="H21F2C32B16074598B5CEDAA7C2507A94">
<enum>
(B)
</enum>
<text>
establish a process for the oversight of such system;
</text>
</subparagraph>
<subparagraph id="HD036463BB1E64A8F8F5C154EA1D33A95">
<enum>
(C)
</enum>
<text>
consult with State and local employers, participants, and local workforce investment boards about the labor market relevance of the data to be collected and disseminated through the statewide workforce and labor market information system;
</text>
</subparagraph>
<subparagraph id="HB7DC8E9750E14B6B920760620F7F6FB1">
<enum>
(D)
</enum>
<text>
consult with State educational agencies and local educational agencies concerning the provision of employment statistics in order to meet the needs of secondary school and postsecondary school students who seek such information;
</text>
</subparagraph>
<subparagraph id="HB9A02F829DF7480F9BBA3D3A2AFD3CE3">
<enum>
(E)
</enum>
<text>
collect and disseminate for the system, on behalf of the State and localities in the State, the information and data described in subparagraphs (A) and (B) of subsection (a)(1);
</text>
</subparagraph>
<subparagraph id="H0210F7926A8546BDA184046ED6181AEA">
<enum>
(F)
</enum>
<text>
maintain and continuously improve the statewide workforce and labor market information system in accordance with this section;
</text>
</subparagraph>
<subparagraph id="HD6AD8A639F824C63BAD6BD65655AEF2C">
<enum>
(G)
</enum>
<text>
perform contract and grant responsibilities for data collection, analysis, and dissemination for such system;
</text>
</subparagraph>
<subparagraph id="H672D3C3C4E6741FB85E8A9C9D66BAEE0">
<enum>
(H)
</enum>
<text>
conduct such other data collection, analysis, and dissemination activities as will ensure an effective statewide workforce and labor market information system;
</text>
</subparagraph>
<subparagraph id="H13226E60DCB6413FA100E921809C4ABF">
<enum>
(I)
</enum>
<text>
actively seek the participation of other State and local agencies in data collection, analysis, and dissemination activities in order to ensure complementarity, compatibility, and usefulness of data;
</text>
</subparagraph>
<subparagraph id="HAD53DA9A0E724EE9AA4F40B4EA175BBF">
<enum>
(J)
</enum>
<text>
participate in the development of the annual plan described in subsection (c); and
</text>
</subparagraph>
<subparagraph id="HCE0DAE22FDF544069C63CE68F2611A4C">
<enum>
(K)
</enum>
<text>
utilize the quarterly records described in section 136(f)(2) to assist the State and other States in measuring State progress on State performance measures.
</text>
</subparagraph>
</paragraph>
<paragraph id="H51954213D75A4D4F9EE5823EFCA05BF7">
<enum>
(2)
</enum>
<header>
Rule of construction
</header>
<text>
Nothing in this section shall be construed as limiting the ability of a Governor to conduct additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this section.
</text>
</paragraph>
</subsection>
<subsection id="H930884AE9BA1411282FCAEB3517ED162">
<enum>
(f)
</enum>
<header>
Nonduplication requirement
</header>
<text>
None of the functions and activities carried out pursuant to this section shall duplicate the functions and activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2301">
20 U.S.C. 2301 et seq.
</external-xref>
).
</text>
</subsection>
<subsection id="HD7DE096FDEE044BA9A0F3AAD71A8C844">
<enum>
(g)
</enum>
<header>
Authorization of appropriations
</header>
<text>
There are authorized to be appropriated to carry out this section $63,473,000 for fiscal year 2014 and each of the 6 succeeding fiscal years.
</text>
</subsection>
<subsection id="HF8D0A2E142964AFCA6EC6D908CDAF4DA">
<enum>
(h)
</enum>
<header>
Definition
</header>
<text>
In this section, the term
<term>
local area
</term>
means the smallest geographical area for which data can be produced with statistical reliability.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</title>
<title id="HFE746A2FEBEC4FFE955057BFCCF0F91C">
<enum>
IV
</enum>
<header>
REPEALS AND CONFORMING AMENDMENTS
</header>
<section id="H6435A8484D1641EF9F286384E584D391">
<enum>
401.
</enum>
<header>
Repeals
</header>
<text display-inline="no-display-inline">
The following provisions are repealed:
</text>
<paragraph id="H6BA8D400D6A245079BFEF75363676050">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
Chapter 4 of subtitle B of title I, and sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503, and 506 of the Workforce Investment Act of 1998.
</text>
</paragraph>
<paragraph id="HC654B2DF1B1148219A76795473BB8F3C">
<enum>
(2)
</enum>
<text>
Title V of the Older Americans Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3056">
42 U.S.C. 3056 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="HA7E40DD7DA2644C8942789B1467A26A6">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
Sections 1 through 14 of the Wagner-Peyser Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/49">
29 U.S.C. 49 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="HF6B589F6EEA445599B7D6290BE4407C1">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
Twenty-First Century Workforce Commission Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2701">
29 U.S.C. 2701
</external-xref>
note).
</text>
</paragraph>
<paragraph id="H7D189AFC16C44DB2A6C08D62076009E0">
<enum>
(5)
</enum>
<text>
Youth Conservation Corps Act of 1970 (
<external-xref legal-doc="usc" parsable-cite="usc/16/1701">
16 U.S.C. 1701 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="H3D1201F7EAC645CF9BD3A440BFE6D490">
<enum>
(6)
</enum>
<text>
Section 821 of the Higher Education Amendments of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1151">
20 U.S.C. 1151
</external-xref>
) (Grants to States for workplace and community transition training for incarcerated individuals).
</text>
</paragraph>
<paragraph id="H38FBF74A21764AE58F4BAB1AD942C04F">
<enum>
(7)
</enum>
<text>
The Women in Apprenticeship and Nontraditional Occupations Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2501">
29 U.S.C. 2501 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="H3842664EB90D4F1BA0101C9F576067F9">
<enum>
(8)
</enum>
<text display-inline="yes-display-inline">
Sections
<external-xref legal-doc="usc" parsable-cite="usc/38/4103A">
4103A
</external-xref>
and
<external-xref legal-doc="usc" parsable-cite="usc/4104/4103A">
4104
</external-xref>
of title 38, United States Code.
</text>
</paragraph>
</section>
<section id="H8860FF7A4A2C443FBD31D576B92AB7B4">
<enum>
402.
</enum>
<header>
Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980
</header>
<text display-inline="no-display-inline">
Section 104(k)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
<external-xref legal-doc="usc" parsable-cite="usc/42/9604">
42 U.S.C. 9604
</external-xref>
) is amended by striking
<quote>
, training,
</quote>
.
</text>
</section>
<section id="H30C9930A0C4A42569A58CDF81D2DA7BA" section-type="subsequent-section">
<enum>
403.
</enum>
<header>
Amendments to the Food and Nutrition Act of 2008
</header>
<subsection id="H9921F732822848CE9D9C4C6231CD6B3B">
<enum>
(a)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
Section 3(t) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2012">
7 U.S.C. 2012(t)
</external-xref>
) is amended—
</text>
<paragraph id="H57B640DD87814386B56D236EC1FA6DD7">
<enum>
(1)
</enum>
<text>
by striking
<quote>
and (2)
</quote>
and inserting
<quote>
(2)
</quote>
, and
</text>
</paragraph>
<paragraph id="HA904E1B2A3FB4B3F86839031AFF2FA2E">
<enum>
(2)
</enum>
<text>
by inserting before the period at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC9C2F46BCDCC484899EBF15FF87ECB35" style="traditional">
<quoted-block-continuation-text quoted-block-continuation-text-level="section">
, and (3) when referencing employment and training activities under section 6(d)(4), a State board as defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
)
</quoted-block-continuation-text>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HB17A38C918FB4D0F96F2DEFA39DCF507">
<enum>
(b)
</enum>
<header>
Eligible households
</header>
<text display-inline="yes-display-inline">
Section 5 of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2014">
7 U.S.C. 2014
</external-xref>
) is amended—
</text>
<paragraph id="HCAB0811E26FA45D0A12D9F68206CE6C1">
<enum>
(1)
</enum>
<text>
in subsection (d)(14) by striking
<quote>
section 6(d)(4)(I)
</quote>
and inserting
<quote>
section 6(d)(4)(C)
</quote>
, and
</text>
</paragraph>
<paragraph id="HB87D5A4B668A464C88C26E7893ED0207">
<enum>
(2)
</enum>
<text>
in subsection (g)(3) by striking
<quote>
constitutes adequate participation in an employment and training program under section 6(d)
</quote>
and inserting
<quote>
allows the individual to participate in employment and training activities under section 6(d)(4)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H6468C105FFD7431885D0250D011C50EA">
<enum>
(c)
</enum>
<header>
Eligibility disqualifications
</header>
<text>
Section 6(d)(4) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2015">
7 U.S.C. 2015(d)(4)
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H2C398C677468425FB280DDE12560CACE" style="OLC">
<paragraph id="H4E9B96B1C63C4D5ABCE05A3D5883D4B5">
<enum>
(4)
</enum>
<header>
Employment and training
</header>
<subparagraph id="H4D7693206EA24A879D30D4647C9C5777">
<enum>
(A)
</enum>
<header>
Implementation
</header>
<text display-inline="yes-display-inline">
Each State agency shall provide employment and training services authorized under section 134 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864
</external-xref>
) to eligible members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment.
</text>
</subparagraph>
<subparagraph id="H29AED1CE71C84BFBB73D052E924A56D1">
<enum>
(B)
</enum>
<header>
Statewide workforce development system
</header>
<text display-inline="yes-display-inline">
Consistent with subparagraph (A), employment and training services shall be provided through the statewide workforce development system, including the One-Stop delivery system, authorized by the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="HEE2B2B97329B4044BE8FE49D73830B2A">
<enum>
(C)
</enum>
<header>
Reimbursements
</header>
<clause id="H0957E30C04334A4AA79D26DFFE4B3977">
<enum>
(i)
</enum>
<header>
Actual costs
</header>
<text>
The State agency shall provide payments or reimbursement to participants served under this paragraph for—
</text>
<subclause id="H22FE0E9ABB8347419C4A70E761F4C502">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
the actual costs of transportation and other actual costs (other than dependent care costs) that are reasonably necessary and directly related to the individual participating in employment and training activities; and
</text>
</subclause>
<subclause id="H764F6C8204A4493F96DC4A07CECD4F28">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
the actual costs of such dependent care expenses that are determined by the State agency to be necessary for the individual to participate in employment and training activities (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/601">
42 U.S.C. 601 et seq.
</external-xref>
) in a local area where an employment, training, or education program under title IV of such Act is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate.
</text>
</subclause>
</clause>
<clause id="H5493ECB9795F4FEF806C416079BFA1D8">
<enum>
(ii)
</enum>
<header>
Service contracts and vouchers
</header>
<text display-inline="yes-display-inline">
In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at its option, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household.
</text>
</clause>
<clause id="HC856E6758E614614BE38FB1ADC4227FC">
<enum>
(iii)
</enum>
<header>
Value of reimbursements
</header>
<text>
The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall—
</text>
<subclause id="H388BB68A349F484181DC4C60010952EE">
<enum>
(I)
</enum>
<text>
not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and
</text>
</subclause>
<subclause id="H3A7EA862ACA843068A32A2C235292978">
<enum>
(II)
</enum>
<text>
not be claimed as an employment-related expense for the purposes of the credit provided under
<external-xref legal-doc="usc" parsable-cite="usc/26/21">
section 21
</external-xref>
of the Internal Revenue Code of 1986 (
<external-xref legal-doc="usc" parsable-cite="usc/26/21">
26 U.S.C. 21
</external-xref>
).
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HD2ACA327E46943B78128A1B85CDD3ACB">
<enum>
(d)
</enum>
<header>
Administration
</header>
<text>
Section 11(e)(19) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2020">
7 U.S.C. 2020(e)(11)
</external-xref>
is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H3982A2686FC948AA8075C931D54A8FC3" style="traditional">
<paragraph id="HDD0AA392F5554BED8E5C581445F44C9D">
<enum>
(19)
</enum>
<text display-inline="yes-display-inline">
the plans of the State agency for providing employment and training services under section 6(d)(4);
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HD0037AC71240418198CA8FCADCD32A07">
<enum>
(e)
</enum>
<header>
Administrative cost-Sharing and quality control
</header>
<text>
Section 16(h) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2025">
7 U.S.C. 2025
</external-xref>
) is amended—
</text>
<paragraph id="H19C926CF65444958A9921198628A75F2">
<enum>
(1)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="HA4E13F381A4D47378F1945451F44B4D2">
<enum>
(A)
</enum>
<text>
in subparagraph (A) by striking
<quote>
carry out employment and training programs
</quote>
and inserting
<quote>
provide employment and training services to eligible households under section 6(d)(4)
</quote>
, and
</text>
</subparagraph>
<subparagraph id="HD7ACCAD34F4F4AE18056773339CE47ED">
<enum>
(B)
</enum>
<text>
in subparagraph (D) by striking
<quote>
operating an employment and training program
</quote>
and inserting
<quote>
providing employment and training services consistent with section 6(d)(4)
</quote>
,
</text>
</subparagraph>
</paragraph>
<paragraph id="H2705BF94438842CEA3A7F9BE9C80F406">
<enum>
(2)
</enum>
<text>
in paragraph (3) by striking
<quote>
related to participation in an employment and training program
</quote>
and inserting
<quote>
the individual participating in employment and training activities
</quote>
,
</text>
</paragraph>
<paragraph id="H2503D8A4C265489FA1577E63CCC376D4">
<enum>
(3)
</enum>
<text>
in paragraph (4) by striking
<quote>
for operating an employment and training program
</quote>
and inserting
<quote>
to provide employment and training services
</quote>
, and
</text>
</paragraph>
<paragraph id="HFDA2EB0BF3A7460B912DCF229A75F9A3">
<enum>
(4)
</enum>
<text>
by amending paragraph (5) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H9D7BDEA2B7E04EC689A8463C5D8ED7A4" style="OLC">
<paragraph id="HE9795790AD7E4C78BF360669D58A6A47">
<enum>
(5)
</enum>
<header>
Monitoring
</header>
<text display-inline="yes-display-inline">
The Secretary, in conjunction with the Secretary of Labor, shall monitor each State agency responsible for administering employment and training services under section 6(d)(4) to ensure funds are being spent effectively and efficiently. Each program of employment and training receiving funds under section 6(d)(4) shall be subject to the requirements of the performance accountability system, including having to meet the state performance measures included in section 136 of the Workforce Investment Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2871">
29 U.S.C. 2871
</external-xref>
).
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HFC56EDA583D54F6C941E3651FAB55164">
<enum>
(f)
</enum>
<header>
Research, demonstration, and evaluations
</header>
<text>
Section 17 of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2026">
7 U.S.C. 2026
</external-xref>
) is amended—
</text>
<paragraph id="H6FDF23EB4BAB4C898F5ABFB02CECA660">
<enum>
(1)
</enum>
<text>
in subsection (b) by striking paragraph (3), and
</text>
</paragraph>
<paragraph id="H706FC9EFAF674452A121636FE15B4250">
<enum>
(2)
</enum>
<text>
in subsection (g)—
</text>
<subparagraph id="H7B8268FDAACC47D3817C0310DABE5B65">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
, in conjunction with the Secretary of Labor,
</quote>
after
<quote>
Secretary
</quote>
, and
</text>
</subparagraph>
<subparagraph id="H1281F8C88BB549C894661F66546226B7">
<enum>
(B)
</enum>
<text>
by striking
<quote>
programs established
</quote>
and inserting
<quote>
activities provided to eligible households
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HFD5197A4B92B435CA485BDEB30D92309">
<enum>
(g)
</enum>
<header>
Minnesota family investment project
</header>
<text>
Section 22(b)(4) of the Food and Nutrition Act of 2008 (
<external-xref legal-doc="usc" parsable-cite="usc/7/2031">
7 U.S.C. 2031(b)(4)
</external-xref>
) is amended by striking
<quote>
equivalent to those offered under the employment and training program
</quote>
.
</text>
</subsection>
</section>
<section id="H32C231A8C39C4C4CB64B3AE0DDF6EA1B">
<enum>
404.
</enum>
<header>
Amendments to section 412 of the Immigration and Nationality Act
</header>
<subsection id="HF459ACC792DA44C48855CBA41F0A6B9E">
<enum>
(a)
</enum>
<header>
Conditions and considerations
</header>
<text display-inline="yes-display-inline">
Section 412(a) of the Immigration and Nationality Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1522">
8 U.S.C. 1522(a)
</external-xref>
) is amended—
</text>
<paragraph id="H7BACE426C9124D7B9AC3C05BF2F9396D">
<enum>
(1)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="H5B18C5B508A649D78AACDC8E34E46406">
<enum>
(A)
</enum>
<text>
in subparagraph (A)(i), by striking
<quote>
make available sufficient resources for employment training and placement
</quote>
and inserting
<quote>
provide refugees with the opportunity to access employment and training services, including job placement,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H01413E6C91164AF8B7B46ADBCB55C720">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (B)(ii), by striking
<quote>
services;
</quote>
and inserting
<quote>
services provided through the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
);
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H0569CE2F884540FB855AE6B14665641E">
<enum>
(2)
</enum>
<text>
in paragraph (2)(C)(iii)(II), by inserting
<quote>
and training
</quote>
after
<quote>
employment
</quote>
;
</text>
</paragraph>
<paragraph id="HB03AECD3AFB5427EABD411B0C5287530">
<enum>
(3)
</enum>
<text>
in paragraph (6)(A)(ii)—
</text>
<subparagraph id="HBAC47D4F188546ABA86F37A7BAD48A62">
<enum>
(A)
</enum>
<text>
by striking
<quote>
insure
</quote>
and inserting
<quote>
ensure
</quote>
;
</text>
</subparagraph>
<subparagraph id="H8E86E98D7C8245A6BA8BA4D2160302F0">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
and training
</quote>
after
<quote>
employment
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H68B54D2F40FA45B0A4086E27877A2740">
<enum>
(C)
</enum>
<text>
by inserting after
<quote>
available
</quote>
the following:
<quote>
through the one-stop delivery system under section 121 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
)
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H4B5038D547E84F8FBDFCF2CD6A083BF1">
<enum>
(4)
</enum>
<text>
in paragraph (9), by inserting
<quote>
the Secretary of Labor,
</quote>
after
<quote>
Education,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HF526BAF89D8F4841B329C8B34B8E1FC1">
<enum>
(b)
</enum>
<header>
Program of initial resettlement
</header>
<text>
Section 412(b)(2) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1522">
8 U.S.C. 1522(b)(2)
</external-xref>
) is amended—
</text>
<paragraph id="HBD8ECCBE36794AE3919164D4ED173717">
<enum>
(1)
</enum>
<text>
by striking
<quote>
orientation, instruction
</quote>
and inserting
<quote>
orientation and instruction
</quote>
; and
</text>
</paragraph>
<paragraph id="HB3189789453A485AADC2D4963CB7D331">
<enum>
(2)
</enum>
<text>
by striking
<quote>
, and job training for refugees, and such other education and training of refugees, as facilitates
</quote>
and inserting
<quote>
for refugees to facilitate
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HA1F83697914F4600AB8E97E6DAD439DD">
<enum>
(c)
</enum>
<header>
Project grants and contracts for services for refugees
</header>
<text>
Section 412(c) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1522">
8 U.S.C. 1522(c)
</external-xref>
) is amended—
</text>
<paragraph id="H4D1F6751267A4EDBADEB2A519393DCA9">
<enum>
(1)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="HA786F7C764D04A05A7A14478A936BCAD">
<enum>
(A)
</enum>
<text>
in subparagraph (A)(i), by inserting
<quote>
and training
</quote>
after
<quote>
employment
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H89801C5A9DCC4FAEBC925E6E1874D600">
<enum>
(B)
</enum>
<text>
by striking subparagraph (C);
</text>
</subparagraph>
</paragraph>
<paragraph id="HFDB00FB2431D49B69B56827DBAA4394E">
<enum>
(2)
</enum>
<text>
in paragraph (2)(B), by striking
<quote>
paragraph—
</quote>
through
<quote>
in a manner
</quote>
and inserting
<quote>
paragraph in a manner
</quote>
; and
</text>
</paragraph>
<paragraph id="H70DC34A6CFDF4393AB7973E3B4B4EED9">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H9CA67946145D43C2A1AF4D1E5693F12F" style="traditional">
<paragraph id="HD7B8D6C7A08B40C98029E54A40307453" indent="up1">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
In carrying out this section, the Director shall ensure that employment and training services are provided through the statewide workforce development system, as appropriate, authorized by the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801 et seq.
</external-xref>
). Such action may include—
</text>
<subparagraph id="HDA7ADF62ACB047EA8712C2597EC844EA">
<enum>
(A)
</enum>
<text>
making employment and training services as described under section 134 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864
</external-xref>
) available to refugees; and
</text>
</subparagraph>
<subparagraph id="H9F1F804D809A4587A5F861E249106C8A">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
providing refugees with access to a one-stop delivery system under section 121 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
).
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H4262695AD8CE40509AA3244F276BBA54">
<enum>
(d)
</enum>
<header>
Cash assistance and medical assistance to refugees
</header>
<text>
Section 412(e) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1522">
8 U.S.C. 1522(e)
</external-xref>
) is amended—
</text>
<paragraph id="H3B48D654D7F149B7865EC5FFB4157471">
<enum>
(1)
</enum>
<text>
in paragraph (2)(A)(i), by inserting
<quote>
and training
</quote>
after
<quote>
providing employment
</quote>
; and
</text>
</paragraph>
<paragraph id="HF5F61B2FDD3349038F5395BFD2FE945E">
<enum>
(2)
</enum>
<text>
in paragraph (3), by striking
<quote>
The
</quote>
and inserting
<quote>
Consistent with subsection (c)(3), the
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section commented="no" id="H30CD755F07C54076AFAE70257B1686CF">
<enum>
405.
</enum>
<header>
Amendments relating to the Second Chance Act of 2007
</header>
<subsection id="H525DC1C7DCCA40799F7722F679821A1D">
<enum>
(a)
</enum>
<header>
Federal Prisoner Reentry Initiative
</header>
<text display-inline="yes-display-inline">
Section 231 of the Second Chance Act of 2007 (
<external-xref legal-doc="usc" parsable-cite="usc/42/17541">
42 U.S.C. 17541
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="HB002053D1CF94A60B615EC00ABD709A1">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in subsection (a)(1)(E)—
</text>
<subparagraph commented="no" id="HA7458EFB4D554464B5DD90A1E977CFE7">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
the Department of Labor and
</quote>
before
<quote>
other Federal agencies
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H53C6C52459A34AF48140678DA63E6C4B">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
State and local workforce investment boards,
</quote>
after
<quote>
community-based organizations,
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HF9248D8A596748A9B0F8DF416042C8B1">
<enum>
(2)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph commented="no" id="HF8AF2B4273C9424481BBF7EF80E75DE9">
<enum>
(A)
</enum>
<text>
in paragraph (2), by striking at the end
<quote>
and
</quote>
;
</text>
</subparagraph>
<subparagraph commented="no" id="H9F2D23C98DEB484FB23BEC09AF225939">
<enum>
(B)
</enum>
<text>
in paragraph (3), by striking at the end the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H9CAAC43C27F943ECAFD1FC0E01F00170">
<enum>
(C)
</enum>
<text>
by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H8E468B0334A4406996D7A5611F577A43" style="OLC">
<paragraph commented="no" id="H755152B3350E47EEAFB42595DDE87781">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
to coordinate reentry programs with the employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
).
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HC3BC33F5EF224E49AAA99EB9441809A4">
<enum>
(3)
</enum>
<text>
in subsection (d), by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H7E5388D6531D4F04986F6DD7878E5F7A" style="OLC">
<paragraph commented="no" id="H46B1EEC8DA964528987E261AFDADA3CA">
<enum>
(6)
</enum>
<header>
Interaction with the workforce investment system
</header>
<subparagraph commented="no" id="HBEEA26194987455C9046D5AF4AC8D4D5">
<enum>
(A)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
In carrying out this section, the Director shall ensure that employment and training services, including such employment and services offered through reentry programs, are provided, as appropriate, through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
). Such action may include—
</text>
<clause commented="no" id="HF4ED9B0777C84A34B2892AA0D554A02E">
<enum>
(i)
</enum>
<text>
making employment and training services available to prisoners prior to and immediately following the release of such prisoners; or
</text>
</clause>
<clause commented="no" id="H0D009C4531FF4353BFF866F78EB653DF">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
providing prisoners with access by remote means to a one-stop delivery system under section 121 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
) in the State in which the prison involved is located.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H93B402FFE775491B96A921BB83CCBFF1">
<enum>
(B)
</enum>
<header>
Service defined
</header>
<text display-inline="yes-display-inline">
In this paragraph, the term
<term>
employment and training services
</term>
means those services described in section 134 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2864">
29 U.S.C. 2864
</external-xref>
) offered by the Bureau of Prisons, including—
</text>
<clause commented="no" id="HD5BE162BD3D94D029101E8FBEA221391">
<enum>
(i)
</enum>
<text>
the skills assessment described in subsection (a)(1)(A);
</text>
</clause>
<clause commented="no" id="HF0A8DE17533542AF9D6F7929B917FE52">
<enum>
(ii)
</enum>
<text>
the skills development plan described in subsection (a)(1)(B); and
</text>
</clause>
<clause commented="no" id="H2EF5BB39103D4DBC93F38ED4334A5702">
<enum>
(iii)
</enum>
<text>
the enhancement, development, and implementation of reentry and skills development programs.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" id="HECC09525DFEF4114B1565374C530F207">
<enum>
(b)
</enum>
<header>
Duties of the Bureau of Prisons
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/18/4042">
Section 4042(a)(5)(E)
</external-xref>
of title 18, United States Code, is amended—
</text>
<paragraph commented="no" id="H0989A7E5917549C292FB9A49C0C660BD">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in clause (ii), by striking
<quote>
Employment
</quote>
and inserting
<quote>
Employment and training services (as defined in paragraph (6) of section 231(d) of the Second Chance Act of 2007), including basic skills attainment, consistent with such paragraph
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="H1440E62E88C94866A72CA46095E74254">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
by striking clause (iii); and
</text>
</paragraph>
<paragraph commented="no" id="HF51024B858F744739FEC76A267E42383">
<enum>
(3)
</enum>
<text>
by redesignating clauses (iv), (v), (vi), and (vii) as clauses (iii), (iv), (v), and (vi), respectively.
</text>
</paragraph>
</subsection>
</section>
<section id="H3EE8A1FC43ED4D51B89617FC97196040">
<enum>
406.
</enum>
<header>
Amendments to the Omnibus Crime Control and Safe Streets Act of 1968
</header>
<text display-inline="no-display-inline">
Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (
<external-xref legal-doc="usc" parsable-cite="usc/42/3797w">
42 U.S.C. 3797w
</external-xref>
) is amended—
</text>
<paragraph id="HB3D11FD1F41A4156A12F6CEC47E22989">
<enum>
(1)
</enum>
<text>
in subsection (b)—
</text>
<subparagraph id="HD7728815535A4545ADAE38BFCCCE31DE">
<enum>
(A)
</enum>
<text>
in paragraph (1), by striking
<quote>
vocational
</quote>
and inserting
<quote>
career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (
<external-xref legal-doc="usc" parsable-cite="usc/20/2302">
20 U.S.C. 2302
</external-xref>
)) and training
</quote>
;
</text>
</subparagraph>
<subparagraph id="HA664C25849BB4815AC0C811A0A9ED3B0">
<enum>
(B)
</enum>
<text>
by redesignating each of paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and
</text>
</subparagraph>
<subparagraph id="H0F70A71966324F9D8B30028AFBDDC9EF">
<enum>
(C)
</enum>
<text>
by inserting after paragraph (3) the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H8A7F5D7028B9407394915780A09C28E9" style="OLC">
<paragraph id="HA59E8D35D34F4D11AC3BD55B297C8954">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
coordinating employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
), including a one-stop delivery system under section 121 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
), for offenders upon release from prison, jail, or a juvenile facility, as appropriate;
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H75E07AA6DC914A90A94F55E7EF352F55">
<enum>
(2)
</enum>
<text>
in subsection (d)(2), by inserting
<quote>
, including local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2832">
29 U.S.C. 2832
</external-xref>
),
</quote>
after
<quote>
nonprofit organizations
</quote>
;
</text>
</paragraph>
<paragraph id="H5DF03CE8246B46418E83BFE6C1CC20FB">
<enum>
(3)
</enum>
<text>
in subsection (e)—
</text>
<subparagraph id="H46419B2D2EF44D1682DD5B80511EF5BC">
<enum>
(A)
</enum>
<text>
in paragraph (3), by striking
<quote>
victim services, and employment services
</quote>
and inserting
<quote>
and victim services
</quote>
;
</text>
</subparagraph>
<subparagraph id="HF803DB4A788244DB87B02CC7D3167CCB">
<enum>
(B)
</enum>
<text>
by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
</text>
</subparagraph>
<subparagraph id="H1C244916AB144A8C9B000CB43B402E55">
<enum>
(C)
</enum>
<text>
by inserting after paragraph (3) the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HA2C9E2239871474598D810DFA3F1E656" style="OLC">
<paragraph id="HB744D63C72634227A43ECF8796284BB7">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
provides employment and training services through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2811">
29 U.S.C. 2811 et seq.
</external-xref>
), including a one-stop delivery system under section 121 of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/29/2841">
29 U.S.C. 2841
</external-xref>
); and
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HEF7995EB183048E3A3ED94FD5D9648A6">
<enum>
(4)
</enum>
<text>
in subsection (k)—
</text>
<subparagraph id="HB1630681B3A14018BC499FABF2AE1BBD">
<enum>
(A)
</enum>
<text>
in paragraph (1)(A), by inserting
<quote>
, in accordance with paragraph (2)
</quote>
after
<quote>
under this section
</quote>
;
</text>
</subparagraph>
<subparagraph id="H0532ED569A1B45C0905BDA906F04DDCE">
<enum>
(B)
</enum>
<text>
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
</text>
</subparagraph>
<subparagraph id="HBA979604592A41D2B2583C9F285FE5D7">
<enum>
(C)
</enum>
<text>
by inserting after paragraph (1) the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H257C73DC88854AD7BB048417E5AA504D" style="OLC">
<paragraph id="H979C5F59D48D4459A817C5F5CE2DF558">
<enum>
(2)
</enum>
<header>
Employment and training
</header>
<text display-inline="yes-display-inline">
The Attorney General shall require each grantee under this section to measure the core indicators of performance as described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2871">
29 U.S.C. 2871(b)(2)(A)
</external-xref>
) with respect to the program of such grantee funded with a grant under this section.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section id="H9CA1860DD5704AC29E189D2CDA95ADDF">
<enum>
407.
</enum>
<header>
Conforming amendments to the United States Code
</header>
<text display-inline="no-display-inline">
Title 38, United States Code, is amended—
</text>
<paragraph id="H3337C3AADF4240C6A237D59D191E6B73">
<enum>
(1)
</enum>
<text>
by striking the item relating to section 4103A and section 4104 in the table of sections at the beginning of chapter 41 of such title;
</text>
</paragraph>
<paragraph id="HDD63B904165A4806AA6DEB52A1B4B893">
<enum>
(2)
</enum>
<text>
in section 4102A—
</text>
<subparagraph id="H9AB8DA4B2F964BCDB1F237A475C5E36C">
<enum>
(A)
</enum>
<text>
in subsection (b)—
</text>
<clause id="H221E74CBC574419798F8DDAA6A7861EB">
<enum>
(i)
</enum>
<text>
by striking paragraphs (5), (6), and (7);
</text>
</clause>
<clause id="HF4A4AE5D91854B689BADCBFF4E393A35">
<enum>
(ii)
</enum>
<text>
by redesignating paragraph (8) as paragraph (5);
</text>
</clause>
</subparagraph>
<subparagraph id="H5D10FCE09A3C4B609FE8570968CB8573">
<enum>
(B)
</enum>
<text>
by striking subsections (c) and (h);
</text>
</subparagraph>
<subparagraph id="HA8EEE834A2F14150BEF785C963D1CD06">
<enum>
(C)
</enum>
<text>
by redesignating subsection (d), (e), (f), and (g) as subsection (c), (d), (e), and (f);
</text>
</subparagraph>
<subparagraph id="H41F1AEC3BC284376BAF383AE407BFC22">
<enum>
(D)
</enum>
<text>
in subsection (e)(1) (as so redesignated)—
</text>
<clause id="HAFB95F2FCBCF44B7BC639C01947CE551">
<enum>
(i)
</enum>
<text>
by striking
<quote>
, including disabled veterans’ outreach program specialists and local veterans' employment representatives providing employment, training, and placement services under this chapter in a State
</quote>
; and
</text>
</clause>
<clause id="H39B66E49ABD74B7D99D5B289BBB2DD04">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
for purposes of subsection (c)
</quote>
.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H2F99D192BF004B9BA618B7F8BA6CED48">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in section 4109(a), by striking
<quote>
disabled veterans’ outreach program specialists and local veterans’ employment representative
</quote>
and inserting
<quote>
veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998
</quote>
;
</text>
</paragraph>
<paragraph id="H292FAF56B8DD461281BB3B6A9FF04AA0">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
in section 4109(d)(1), by striking
<quote>
disabled veterans’ outreach program specialists and local veterans’ employment representatives
</quote>
and inserting
<quote>
veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998
</quote>
;
</text>
</paragraph>
<paragraph id="HB5090501AE5B4880839E1090F055DB91">
<enum>
(5)
</enum>
<text>
in section 4112(d)—
</text>
<subparagraph id="H68442B22516A43A8840A579BBFFB1DE1">
<enum>
(A)
</enum>
<text>
in paragraph (1), by striking
<quote>
disabled veterans’ outreach program specialist
</quote>
and inserting
<quote>
veteran employment specialist appointed under section 134(f) of the Workforce Investment Act of 1998
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA45F3BA2348E47318A0A60145552898A">
<enum>
(B)
</enum>
<text>
by striking paragraph (2) and redesignating paragraph (3) as paragraph (2);
</text>
</subparagraph>
</paragraph>
<paragraph id="H0C8CDC9BDC7144BAAECD845DE8C17BE2">
<enum>
(6)
</enum>
<text>
in section 3672(d)(1), by striking
<quote>
disabled veterans’ outreach program specialists under section 4103A
</quote>
and inserting
<quote>
veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998
</quote>
; and
</text>
</paragraph>
<paragraph id="HFA84A82BB3C441A982DEE8CD82BC39D8">
<enum>
(7)
</enum>
<text>
in section 4104A—
</text>
<subparagraph id="H25959C41F7A6484E9A05F65AC559E928">
<enum>
(A)
</enum>
<text>
in subsection (b)(1), by striking subparagraph (A) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE36880465322458097A38E7CA40D0F0D" style="USC">
<subparagraph id="H85E5401858A544078D168FDD520C0960">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the appropriate veteran employment specialist (in carrying out the functions described in section 134(f) of the Workforce Investment Act of 1998);
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H48D698A24293469980725E59E305A682">
<enum>
(B)
</enum>
<text>
in subsection (c)(1), by striking subparagraph (A) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H482C8A9009F3444C9250E199C2AC95BF" style="OLC">
<subparagraph id="H4356EA3A13164804852AB3F84CC8EC44">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
collaborate with the appropriate veteran employment specialist (as described in section 134(f)) and the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/2801">
29 U.S.C. 2801
</external-xref>
));
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section commented="no" id="H276C2ED3B7AA400A856A7B42D886E511">
<enum>
408.
</enum>
<header>
Conforming amendment to table of contents
</header>
<text display-inline="no-display-inline">
The table of contents in section 1(b) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H1C03798B6A3C4B88A07C872809912521" style="OLC">
<toc>
<toc-entry level="section">
Sec. 1. Short title; table of contents.
</toc-entry>
<toc-entry level="title">
TITLE I—WORKFORCE INVESTMENT SYSTEMS
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Workforce Investment Definitions
</toc-entry>
<toc-entry level="section">
Sec. 101. Definitions.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—Statewide and Local Workforce Investment Systems
</toc-entry>
<toc-entry level="section">
Sec. 106. Purpose.
</toc-entry>
<toc-entry level="chapter">
Chapter 1—State Provisions
</toc-entry>
<toc-entry level="section">
Sec. 111. State workforce investment boards.
</toc-entry>
<toc-entry level="section">
Sec. 112. State plan.
</toc-entry>
<toc-entry level="chapter">
Chapter 2—Local Provisions
</toc-entry>
<toc-entry level="section">
Sec. 116. Local workforce investment areas.
</toc-entry>
<toc-entry level="section">
Sec. 117. Local workforce investment boards.
</toc-entry>
<toc-entry level="section">
Sec. 118. Local plan.
</toc-entry>
<toc-entry level="chapter">
Chapter 3—Workforce Investment Activities Providers
</toc-entry>
<toc-entry level="section">
Sec. 121. Establishment of one-stop delivery systems.
</toc-entry>
<toc-entry level="section">
Sec. 122. Identification of eligible providers of training services.
</toc-entry>
<toc-entry level="section">
Sec. 123. [Repealed].
</toc-entry>
<toc-entry level="chapter">
Chapter 4—[Repealed]
</toc-entry>
<toc-entry level="chapter">
Chapter 5—Employment and Training Activities
</toc-entry>
<toc-entry level="section">
Sec. 131. General authorization.
</toc-entry>
<toc-entry level="section">
Sec. 132. State allotments.
</toc-entry>
<toc-entry level="section">
Sec. 133. Within State allocations.
</toc-entry>
<toc-entry level="section">
Sec. 134. Use of funds for employment and training activities.
</toc-entry>
<toc-entry level="chapter">
Chapter 6—General Provisions
</toc-entry>
<toc-entry level="section">
Sec. 136. Performance accountability system.
</toc-entry>
<toc-entry level="section">
Sec. 137. Authorization of appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle C—Job Corps
</toc-entry>
<toc-entry level="section">
Sec. 141. Purposes.
</toc-entry>
<toc-entry level="section">
Sec. 142. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 143. Establishment.
</toc-entry>
<toc-entry level="section">
Sec. 144. Individuals eligible for the Job Corps.
</toc-entry>
<toc-entry level="section">
Sec. 145. Recruitment, screening, selection, and assignment of enrollees.
</toc-entry>
<toc-entry level="section">
Sec. 146. Enrollment.
</toc-entry>
<toc-entry level="section">
Sec. 147. Job Corps centers.
</toc-entry>
<toc-entry level="section">
Sec. 148. Program activities.
</toc-entry>
<toc-entry level="section">
Sec. 149. Counseling and job placement.
</toc-entry>
<toc-entry level="section">
Sec. 150. Support.
</toc-entry>
<toc-entry level="section">
Sec. 151. Operations.
</toc-entry>
<toc-entry level="section">
Sec. 152. Standards of conduct.
</toc-entry>
<toc-entry level="section">
Sec. 153. Community participation.
</toc-entry>
<toc-entry level="section">
Sec. 154. Workforce councils.
</toc-entry>
<toc-entry level="section">
Sec. 155. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 156. Technical assistance to centers.
</toc-entry>
<toc-entry level="section">
Sec. 157. Application of provisions of Federal law.
</toc-entry>
<toc-entry level="section">
Sec. 158. Special provisions.
</toc-entry>
<toc-entry level="section">
Sec. 159. Performance accountability and management.
</toc-entry>
<toc-entry level="section">
Sec. 160. General provisions.
</toc-entry>
<toc-entry level="section">
Sec. 161. Authorization of appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—National Programs
</toc-entry>
<toc-entry level="section">
Sec. 166. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 167. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 168. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 169. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 170. Technical assistance.
</toc-entry>
<toc-entry level="section">
Sec. 171. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 172. Evaluations.
</toc-entry>
<toc-entry level="section">
Sec. 173. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 173A. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 174. [Repealed].
</toc-entry>
<toc-entry level="subtitle">
Subtitle E—Administration
</toc-entry>
<toc-entry level="section">
Sec. 181. Requirements and restrictions.
</toc-entry>
<toc-entry level="section">
Sec. 182. Prompt allocation of funds.
</toc-entry>
<toc-entry level="section">
Sec. 183. Monitoring.
</toc-entry>
<toc-entry level="section">
Sec. 184. Fiscal controls; sanctions.
</toc-entry>
<toc-entry level="section">
Sec. 185. Reports; recordkeeping; investigations.
</toc-entry>
<toc-entry level="section">
Sec. 186. Administrative adjudication.
</toc-entry>
<toc-entry level="section">
Sec. 187. Judicial review.
</toc-entry>
<toc-entry level="section">
Sec. 188. Nondiscrimination.
</toc-entry>
<toc-entry level="section">
Sec. 189. Administrative provisions.
</toc-entry>
<toc-entry level="section">
Sec. 190. References.
</toc-entry>
<toc-entry level="section">
Sec. 191. State legislative authority.
</toc-entry>
<toc-entry level="section">
Sec. 192. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 193. Transfer of Federal equity in State employment security real property to the States.
</toc-entry>
<toc-entry level="section">
Sec. 194. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 195. General program requirements.
</toc-entry>
<toc-entry level="section">
Sec. 196. Federal agency staff.
</toc-entry>
<toc-entry level="subtitle">
Subtitle F—Repeals and Conforming Amendments
</toc-entry>
<toc-entry level="section">
Sec. 199. Repeals.
</toc-entry>
<toc-entry level="section">
Sec. 199A. Conforming amendments.
</toc-entry>
<toc-entry level="title">
TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION
</toc-entry>
<toc-entry level="section">
Sec. 201. Short title.
</toc-entry>
<toc-entry level="section">
Sec. 202. Purpose.
</toc-entry>
<toc-entry level="section">
Sec. 203. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 204. Home schools.
</toc-entry>
<toc-entry level="section">
Sec. 205. Authorization of appropriations.
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Federal Provisions
</toc-entry>
<toc-entry level="section">
Sec. 211. Reservation of funds; grants to eligible agencies; allotments.
</toc-entry>
<toc-entry level="section">
Sec. 212. Performance accountability system.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—State Provisions
</toc-entry>
<toc-entry level="section">
Sec. 221. State administration.
</toc-entry>
<toc-entry level="section">
Sec. 222. State distribution of funds; matching requirement.
</toc-entry>
<toc-entry level="section">
Sec. 223. State leadership activities.
</toc-entry>
<toc-entry level="section">
Sec. 224. State plan.
</toc-entry>
<toc-entry level="section">
Sec. 225. Programs for corrections education and other institutionalized individuals.
</toc-entry>
<toc-entry level="subtitle">
Subtitle C—Local Provisions
</toc-entry>
<toc-entry level="section">
Sec. 231. Grants and contracts for eligible providers.
</toc-entry>
<toc-entry level="section">
Sec. 232. Local application.
</toc-entry>
<toc-entry level="section">
Sec. 233. Local administrative cost limits.
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—General Provisions
</toc-entry>
<toc-entry level="section">
Sec. 241. Administrative provisions.
</toc-entry>
<toc-entry level="section">
Sec. 242. National activities.
</toc-entry>
<toc-entry level="title">
TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES
</toc-entry>
<toc-entry level="subtitle">
Subtitle A—Wagner-Peyser Act
</toc-entry>
<toc-entry level="section">
Sec. 301. Definitions.
</toc-entry>
<toc-entry level="section">
Sec. 302. Functions.
</toc-entry>
<toc-entry level="section">
Sec. 303. Designation of State agencies.
</toc-entry>
<toc-entry level="section">
Sec. 304. Appropriations.
</toc-entry>
<toc-entry level="section">
Sec. 305. Disposition of allotted funds.
</toc-entry>
<toc-entry level="section">
Sec. 306. State plans.
</toc-entry>
<toc-entry level="section">
Sec. 307. Repeal of Federal advisory council.
</toc-entry>
<toc-entry level="section">
Sec. 308. Regulations.
</toc-entry>
<toc-entry level="section">
Sec. 309. Employment statistics.
</toc-entry>
<toc-entry level="section">
Sec. 310. Technical amendments.
</toc-entry>
<toc-entry level="section">
Sec. 311. Effective date.
</toc-entry>
<toc-entry level="subtitle">
Subtitle B—Linkages With Other Programs
</toc-entry>
<toc-entry level="section">
Sec. 321. Trade Act of 1974.
</toc-entry>
<toc-entry level="section">
Sec. 322. Veterans' employment programs.
</toc-entry>
<toc-entry level="section">
Sec. 323. Older Americans Act of 1965.
</toc-entry>
<toc-entry level="subtitle">
Subtitle C—[Repealed]
</toc-entry>
<toc-entry level="subtitle">
Subtitle D—Application of Civil Rights and Labor-Management Laws to the Smithsonian Institution
</toc-entry>
<toc-entry level="section">
Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution.
</toc-entry>
<toc-entry level="title">
TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998
</toc-entry>
<toc-entry level="section">
Sec. 401. Short title.
</toc-entry>
<toc-entry level="section">
Sec. 402. Title.
</toc-entry>
<toc-entry level="section">
Sec. 403. General provisions.
</toc-entry>
<toc-entry level="section">
Sec. 404. Vocational rehabilitation services.
</toc-entry>
<toc-entry level="section">
Sec. 405. Research and training.
</toc-entry>
<toc-entry level="section">
Sec. 406. Professional development and special projects and demonstrations.
</toc-entry>
<toc-entry level="section">
Sec. 407. National Council on Disability.
</toc-entry>
<toc-entry level="section">
Sec. 408. Rights and advocacy.
</toc-entry>
<toc-entry level="section">
Sec. 409. Employment opportunities for individuals with disabilities.
</toc-entry>
<toc-entry level="section">
Sec. 410. Independent living services and centers for independent living.
</toc-entry>
<toc-entry level="section">
Sec. 411. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 412. Helen Keller National Center Act.
</toc-entry>
<toc-entry level="section">
Sec. 413. President's Committee on Employment of People With Disabilities.
</toc-entry>
<toc-entry level="section">
Sec. 414. Conforming amendments.
</toc-entry>
<toc-entry level="title">
TITLE V—GENERAL PROVISIONS
</toc-entry>
<toc-entry level="section">
Sec. 501. State unified plan.
</toc-entry>
<toc-entry level="section">
Sec. 502. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 503. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 504. Privacy.
</toc-entry>
<toc-entry level="section">
Sec. 505. Buy-American requirements.
</toc-entry>
<toc-entry level="section">
Sec. 506. [Repealed].
</toc-entry>
<toc-entry level="section">
Sec. 507. Effective date.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</title>
<title id="HBBFBC879F7B54D0399D6C8B4A3732BF7">
<enum>
V
</enum>
<header>
AMENDMENTS TO THE REHABILITATION ACT OF 1973
</header>
<section id="H3F62567DAB3843F2B7599F852B529D84">
<enum>
501.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
Section 2(a) of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701(a)
</external-xref>
) is amended—
</text>
<paragraph id="HCD973FDA37F14D24A4725068D2037371">
<enum>
(1)
</enum>
<text>
in paragraph (5), by striking
<quote>
and
</quote>
at the end;
</text>
</paragraph>
<paragraph id="H4531E366CEDC494ABC073A2322DE1113">
<enum>
(2)
</enum>
<text>
in paragraph (6), by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="H3EC3981154BD4EFEA0FC631051DFFA0E">
<enum>
(3)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H5841E8C74692456F9B65E4F264FDD103" style="OLC">
<paragraph id="H83C12A0888714FFB9F4646E58AF452C5">
<enum>
(7)
</enum>
<text>
there is a substantial need to improve and expand services for students with disabilities under this Act.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H0CB86F6DBB9C4A6ABB5C4C9B9A1695D7">
<enum>
502.
</enum>
<header>
Rehabilitation services administration
</header>
<subsection id="H9A9949A4FC144802946339FFCB0BDBC0">
<enum>
(a)
</enum>
<header>
Rehabilitation services administration
</header>
<text>
The Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="H1CDF1BC03F2543D28DA3FE49223E9992">
<enum>
(1)
</enum>
<text>
in section 3(a) (
<external-xref legal-doc="usc" parsable-cite="usc/29/702">
29 U.S.C. 702(a)
</external-xref>
)—
</text>
<subparagraph id="HBFE287B03D5B49ACB5266B5769DAFE46">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Office of the Secretary
</quote>
and inserting
<quote>
Department of Education
</quote>
;
</text>
</subparagraph>
<subparagraph id="H8FEE55DBE2044BCEB85106FF53490980">
<enum>
(B)
</enum>
<text>
by striking
<quote>
President by and with the advice and consent of the Senate
</quote>
and inserting
<quote>
Secretary
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HF52EF3201A7042D1BC2C092B5CBCF2D3">
<enum>
(C)
</enum>
<text>
by striking
<quote>
, and the Commissioner shall be the principal officer,
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="HFEF2A638DB4E4A8A97A1635289005DDB">
<enum>
(2)
</enum>
<text>
by striking
<quote>
Commissioner
</quote>
each place it appears (except in section 21) and inserting
<quote>
Director
</quote>
;
</text>
</paragraph>
<paragraph id="HFB9CEBED52184C5BB8F682ED9F2C5BE8">
<enum>
(3)
</enum>
<text>
in section 12(c) (
<external-xref legal-doc="usc" parsable-cite="usc/29/709">
29 U.S.C. 709
</external-xref>
), by striking
<quote>
Commissioner’s
</quote>
and inserting
<quote>
Director’s
</quote>
;
</text>
</paragraph>
<paragraph id="HA24D978CBEA04B28A63E19719D69CAE8">
<enum>
(4)
</enum>
<text>
in the heading for subparagraph (B) of section 100(d)(2), by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
commissioner
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
director
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="H64C4B09DBF2146F68AE359D3F8B74B11">
<enum>
(5)
</enum>
<text>
in the heading for section 706, by striking
<quote>
<header-in-text level="section" style="OLC">
commissioner
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
director
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="H53BEE10B3F6A413F8213F3F558C69A9B">
<enum>
(6)
</enum>
<text>
in the heading for paragraph (3) of section 723(a), by striking
<quote>
<header-in-text level="paragraph" style="OLC">
commissioner
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
director
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="H131A594A705442579DEEDB3087CB3B1C">
<enum>
(7)
</enum>
<text>
in section 21 (
<external-xref legal-doc="usc" parsable-cite="usc/29/718">
29 U.S.C. 718
</external-xref>
)—
</text>
<subparagraph id="H1F9355E1C78E443DA4211D379CF75B56">
<enum>
(A)
</enum>
<text>
in subsection (b)(1)—
</text>
<clause id="HAD00BB31B3434A8990E35CD66BB4648A">
<enum>
(i)
</enum>
<text>
by striking
<quote>
Commissioner
</quote>
the first place it appears and inserting
<quote>
Director of the Rehabilitation Services Administration
</quote>
;
</text>
</clause>
<clause id="H5C3948BE212F44E7836B4D11B240946E">
<enum>
(ii)
</enum>
<text>
by striking
<quote>
(referred to in this subsection as the
<quote>
Director
</quote>
)
</quote>
; and
</text>
</clause>
<clause id="HBAC8B97B418748E7A1AEF7F1F09DF592">
<enum>
(iii)
</enum>
<text>
by striking
<quote>
The Commissioner and the Director
</quote>
and inserting
<quote>
Both such Directors
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H4FC9A46B3F4D48A994332D63A82C0B15">
<enum>
(B)
</enum>
<text>
by striking
<quote>
the Commissioner and the Director
</quote>
each place it appears and inserting
<quote>
both such Directors
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H501B1A475660459693D654D1A9E3FD98">
<enum>
(b)
</enum>
<header>
Effective date; application
</header>
<text>
The amendments made by subsection (a) shall—
</text>
<paragraph id="H80590893B5DB4963A99DE04E7047AC89">
<enum>
(1)
</enum>
<text>
take effect on the date of the enactment of this Act; and
</text>
</paragraph>
<paragraph id="HF1D74D0CEAE1403C96438A75CCE79191">
<enum>
(2)
</enum>
<text>
apply with respect to the appointments of Directors of the Rehabilitation Services Administration made on or after the date of enactment of this Act, and the Directors so appointed.
</text>
</paragraph>
</subsection>
</section>
<section id="HDE3CF487B0A14EA78635E36EFB19A4EB">
<enum>
503.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
Section 7 of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/705">
29 U.S.C. 705
</external-xref>
) is amended—
</text>
<paragraph id="HF94250CEB8304FA6B0E48CC3EFE073B4">
<enum>
(1)
</enum>
<text>
by redesignating paragraphs (35) through (39) as paragraphs (36) through (40), respectively;
</text>
</paragraph>
<paragraph id="H5FCF0482E4DC47F098017458E6299EBC">
<enum>
(2)
</enum>
<text>
in subparagraph (A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking
<quote>
paragraph (36)(C)
</quote>
and inserting
<quote>
paragraph (37)(C)
</quote>
; and
</text>
</paragraph>
<paragraph id="H0BA7E30E128245618F12E10F36894D37">
<enum>
(3)
</enum>
<text>
by inserting after paragraph (34) the following:
</text>
<quoted-block id="HD8FCF0C39F2946278D408F46C5315F51" style="OLC">
<paragraph id="H1C63D588756E41AEBD964D7FC5D4DE0D">
<enum>
(35)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H215301E4004D44C190E3A5942C51A846">
<enum>
(A)
</enum>
<text>
The term
<term>
student with a disability
</term>
means an individual with a disability who—
</text>
<clause id="HFF83300978CD4582956BC7657CBBE53A">
<enum>
(i)
</enum>
<text>
is not younger than 16 and not older than 21;
</text>
</clause>
<clause id="HC4466A3874F84C3D941397D2E6C55D29">
<enum>
(ii)
</enum>
<text>
has been determined to be eligible under section 102(a) for assistance under this title; and
</text>
</clause>
<clause id="H103375935D7E4E7792CF49EDB1680724">
<enum>
(iii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H32DB0F6CC64F4F709ECBE732B17E3999">
<enum>
(I)
</enum>
<text>
is eligible for, and is receiving, special education under part B of the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1411">
20 U.S.C. 1411 et seq.
</external-xref>
); or
</text>
</subclause>
<subclause id="H807484AC937C4594997FD8516D81C318" indent="up1">
<enum>
(II)
</enum>
<text>
is an individual with a disability, for purposes of section 504.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H50FF807517284C5A846CE68E06D567E7" indent="up1">
<enum>
(B)
</enum>
<text>
The term
<term>
students with disabilities
</term>
means more than 1 student with a disability.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H4408A409539E42B3B44DF2AFB1F4A4C4">
<enum>
504.
</enum>
<header>
State plan
</header>
<text display-inline="no-display-inline">
Section 101(a) of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/721">
29 U.S.C. 721(a)
</external-xref>
) is amended—
</text>
<paragraph id="H5318ED4996B74FA6847A40046C14C7D0">
<enum>
(1)
</enum>
<text>
in paragraph (10)(B) by striking
<quote>
on the eligible individuals
</quote>
and all that follows through
<quote>
section 136(d)(2)
</quote>
and inserting
<quote>
of information necessary to assess the State’s performance on the core indicators of performance described in section 136(b)(2)(A)
</quote>
;
</text>
</paragraph>
<paragraph id="H5D50C8B13BE04A94B456920F50606C72">
<enum>
(2)
</enum>
<text>
in paragraph (11)—
</text>
<subparagraph id="H6A2F7107714E45469F579F67B00C5859">
<enum>
(A)
</enum>
<text>
in subparagraph (D)(i), by inserting before the semicolon the following:
<quote>
, which may be provided using alternative means of meeting participation (such as video conferences and conference calls)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HB834D56B36DC43ECB81E705CF6D85511">
<enum>
(B)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H9039BAE05ED6466FB8FAF79D418D382C" style="OLC">
<subparagraph id="HBC7BE81566CA45938F251206D1A5F2AF">
<enum>
(G)
</enum>
<header>
Coordination with assistive technology programs
</header>
<text>
The State plan shall include an assurance that the designated State unit and the lead agency or implementing entity responsible for carrying out duties under the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3001">
29 U.S.C. 3001 et seq.
</external-xref>
) have developed working relationships and coordinate their activities.
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HF0A59F8192354175B3E482FCE8122C14">
<enum>
(3)
</enum>
<text>
in paragraph (15)—
</text>
<subparagraph id="H3FFDA401133F4A2EA76B0114E217F579">
<enum>
(A)
</enum>
<text>
in subparagraph (A)—
</text>
<clause id="HEBD05CBF6FCC490AA7160B8C06492FFB">
<enum>
(i)
</enum>
<text>
in clause (i)—
</text>
<subclause id="HF7E71087D5E84C4D91FBEE58557E2236">
<enum>
(I)
</enum>
<text>
in subclause (II), by striking
<quote>
and
</quote>
at the end;
</text>
</subclause>
<subclause id="H886CE2640B5F4B9789FC78C636866CD6">
<enum>
(II)
</enum>
<text>
in subclause (III), by adding
<quote>
and
</quote>
at the end; and
</text>
</subclause>
<subclause id="H485CCB78B76742E48B324311A3E2FD9D">
<enum>
(III)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H4896D13CBC484D98A127B25925674042" style="OLC">
<subclause id="HCADE29BCBB114D15915E174EA5C051D4">
<enum>
(IV)
</enum>
<text>
students with disabilities, including their need for transition services;
</text>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subclause>
</clause>
<clause id="HB9C4D2706B0A4BB6805FE01DE168C958">
<enum>
(ii)
</enum>
<text>
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and
</text>
</clause>
<clause id="HE5DA641366A547DAA35909F9E8346842">
<enum>
(iii)
</enum>
<text>
by inserting after clause (i) the following:
</text>
<quoted-block id="H467734CE008B4B09A5153D3300362423" style="OLC">
<clause id="H571F3E5A8ACE44D28759DDB52979D9CC">
<enum>
(ii)
</enum>
<text>
include an assessment of the transition services provided under this Act, and coordinated with transition services under the Individuals with Disabilities Education Act, as to those services meeting the needs of individuals with disabilities;
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph id="H676649E0960A441D9A166B759B42E948">
<enum>
(B)
</enum>
<text>
in subparagraph (D)—
</text>
<clause id="HDA75E3F7178E4241B14596A048CB9C74">
<enum>
(i)
</enum>
<text>
by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; and
</text>
</clause>
<clause id="HAD77A71F381341E0A5C737BE87C49AEE">
<enum>
(ii)
</enum>
<text>
by inserting after clause (ii) the following:
</text>
<quoted-block id="H6B60BA31CFB445A8BB9E6E7A631AE1A3" style="OLC">
<clause id="H0963951E48BD40C09EE55449A14F7591">
<enum>
(iii)
</enum>
<text>
the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to the receipt of vocational rehabilitation services under this title or to postsecondary education or employment;
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H75EAC8C245CC48EBAF4405E83E9099FC">
<enum>
(4)
</enum>
<text>
in paragraph (22)—
</text>
<subparagraph id="HCB081FD6662B4DC28B1C139E96429255">
<enum>
(A)
</enum>
<text>
by striking
<quote>
carrying out part B of title VI, including
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H711D11355B8045C899729F44B114F60A">
<enum>
(B)
</enum>
<text>
by striking
<quote>
that part to supplement funds made available under part B of
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph id="H1397A9BB206149DB90DC956C727A1CEF">
<enum>
(5)
</enum>
<text>
in paragraph (24)(A), by striking
<quote>
part A of title VI
</quote>
and inserting
<quote>
section 109A
</quote>
; and
</text>
</paragraph>
<paragraph id="H243E76D9B6D74F60AB48206F0186E559">
<enum>
(6)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="H0647346C6986413688C69EA3FD0BAEB0" style="OLC">
<paragraph id="H6B6D1CE4B6314DF688CAFB354689E033">
<enum>
(25)
</enum>
<header>
Collaboration with industry
</header>
<text>
The State plan shall describe how the designated State agency will carry out the provisions of section 109A, including—
</text>
<subparagraph id="HB5A32694E2A64E16822D5BD3BF3CDA67">
<enum>
(A)
</enum>
<text>
the criteria such agency will use to award grants under such section; and
</text>
</subparagraph>
<subparagraph id="H1103B23A8B7A466AAC01C2AF4AF398A6">
<enum>
(B)
</enum>
<text>
how the activities carried out under such grants will be coordinated with other services provided under this title.
</text>
</subparagraph>
</paragraph>
<paragraph id="H988D175DB0A14282BDB6984B257E4580">
<enum>
(26)
</enum>
<header>
Services for students with disabilities
</header>
<text>
The State plan shall provide an assurance satisfactory to the Secretary that the State—
</text>
<subparagraph id="H1374A903C6054FD8BB4C92AA603C22D8">
<enum>
(A)
</enum>
<text>
has developed and implemented strategies to address the needs identified in the assessment described in paragraph (15), and achieve the goals and priorities identified by the State, to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis in accordance with paragraph (15); and
</text>
</subparagraph>
<subparagraph id="H98E47122E5E94C839495B98767B308EC">
<enum>
(B)
</enum>
<text>
from funds reserved under section 110A, shall carry out programs or activities designed to improve and expand vocational rehabilitation services for students with disabilities that—
</text>
<clause id="HF53406D8EE464B3EB525C167BEC57AF4">
<enum>
(i)
</enum>
<text>
facilitate the transition of students with disabilities from the receipt of educational services in school, to the receipt of vocational rehabilitation services under this title, including, at a minimum, those services specified in the interagency agreement required in paragraph (11)(D);
</text>
</clause>
<clause id="HB67D28BFD6D94B39A6B18B19241ACDE7">
<enum>
(ii)
</enum>
<text>
improve the achievement of post-school goals of students with disabilities, including improving the achievement through participation (as appropriate when career goals are discussed) in meetings regarding individualized education programs developed under section 614 of the Individuals with Disabilities Education Act (
<external-xref legal-doc="usc" parsable-cite="usc/20/1414">
20 U.S.C. 1414
</external-xref>
);
</text>
</clause>
<clause id="H07FEF9AA66F44995A48FC72965148E26">
<enum>
(iii)
</enum>
<text>
provide career guidance, career exploration services, job search skills and strategies, and technical assistance to students with disabilities;
</text>
</clause>
<clause id="HE6E78DD54D454A3986F60575B2849CD7">
<enum>
(iv)
</enum>
<text>
support the provision of training and technical assistance to State and local educational agencies and designated State agency personnel responsible for the planning and provision of services to students with disabilities; and
</text>
</clause>
<clause id="HA478F533C9D741FAA5F750D8112856B1">
<enum>
(v)
</enum>
<text>
support outreach activities to students with disabilities who are eligible for, and need, services under this title.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H237D9802DC7949FCAA49D2E35EB2A2A7">
<enum>
505.
</enum>
<header>
Scope of services
</header>
<text display-inline="no-display-inline">
Section 103 of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/723">
29 U.S.C. 723
</external-xref>
) is amended—
</text>
<paragraph id="HA27273FE27234F03BE04EEEF2BA936A1">
<enum>
(1)
</enum>
<text>
in subsection (a), by striking paragraph (15) and inserting the following:
</text>
<quoted-block id="H7D0FAF5176254190B1E47CE680735C73" style="OLC">
<paragraph id="H9A1CDE1BC7764D82B245B05BCE925495">
<enum>
(15)
</enum>
<text>
transition services for students with disabilities, that facilitate the achievement of the employment outcome identified in the individualized plan for employment, including services described in clauses (i) through (iii) of section 101(a)(26)(B);
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HDE615BA5012449D1B93B3B81935ECDDA">
<enum>
(2)
</enum>
<text>
in subsection (b), by striking paragraph (6) and inserting the following:
</text>
<quoted-block id="HB271550143884E3D9D1D89D5F08AD87E" style="OLC">
<paragraph id="H4D64D357378E41B6B100D9A9B5C43CEF">
<enum>
(6)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HE56B76B4B75F46FFA2EDD7C2CB4E54EC">
<enum>
(A)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H637ED6631D81492BB0031CD92062B462">
<enum>
(i)
</enum>
<text>
Consultation and technical assistance services to assist State and local educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment.
</text>
</clause>
<clause id="H88BE16C095DA4A10859AF6D17A7DC533" indent="up2">
<enum>
(ii)
</enum>
<text>
Training and technical assistance described in section 101(a)(26)(B)(iv).
</text>
</clause>
</subparagraph>
<subparagraph id="H9ADB85A3699B4CCD8175B7F88ADB9938" indent="up1">
<enum>
(B)
</enum>
<text>
Services for groups of individuals with disabilities who meet the requirements of clauses (i) and (iii) of section 7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of section 101(a)(26)(B), to assist in the transition from school to post-school activities.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HFFE712DBF8FF4B23985A31ADA3E66059">
<enum>
(3)
</enum>
<text>
in subsection (b) by inserting at the end, the following:
</text>
<quoted-block id="H2216F74F399342B2A0E0067BCAFEBC42" style="OLC">
<paragraph id="HCBF30155B93E4685B02A38B5632EA867">
<enum>
(7)
</enum>
<text>
The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 (
<external-xref legal-doc="usc" parsable-cite="usc/29/3001">
29 U.S.C. 3001
</external-xref>
) to promote access to assistive technology for individuals with disabilities and employers.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H05487E3E9F2642CABE6A1F5E09B3E32E">
<enum>
506.
</enum>
<header>
Standards and indicators
</header>
<text display-inline="no-display-inline">
Section 106 of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/726">
29 U.S.C. 726(a)
</external-xref>
) is amended—
</text>
<paragraph id="H38759E837C90405FB22371130BE803AC">
<enum>
(1)
</enum>
<text>
by striking subsection (a) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H302E81BB3F2E464CBB9F118BEB84AD92" style="OLC">
<subsection id="HB71048CB518E45C69EBEF72867649476">
<enum>
(a)
</enum>
<header>
Standards and indicators
</header>
<text display-inline="yes-display-inline">
The performance standards and indicators for the vocational rehabilitation program carried out under this title—
</text>
<paragraph id="H4CE21519784D49269F2597912690A979">
<enum>
(1)
</enum>
<text>
shall be subject to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act of 1998; and
</text>
</paragraph>
<paragraph id="H7C3019C1B01D489F9709A2724BB40BE3">
<enum>
(2)
</enum>
<text>
may, at a State’s discretion, include additional indicators identified in the State plan submitted under section 101.
</text>
</paragraph>
</subsection>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HC3377B81C542494FA98F9F856AB651B3">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in subsection (b)(2)(B), by striking clause (i) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA8B978B6B8B2451EAE2DC29DEF58AB21" style="OLC">
<clause id="H984017D9F6714B169645DB440298168B">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Director, direct the State to make revisions to the plan to improve performance; and
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HFC1C1E44B4A843C4AFFA0D2FAC84AF98">
<enum>
507.
</enum>
<header>
Collaboration with industry
</header>
<text display-inline="no-display-inline">
The Rehabilitation Act of 1973 is amended by inserting after section 109 (
<external-xref legal-doc="usc" parsable-cite="usc/29/729">
29 U.S.C. 729
</external-xref>
) the following:
</text>
<quoted-block id="HDF8D42A494A142739FCDE0A93E73AB22" style="OLC">
<section id="H3B4C73A11520440DAFF0FB49CD9DBE1A">
<enum>
109A.
</enum>
<header>
Collaboration with industry
</header>
<subsection id="HCCED12E1FCA341F88DF6A2DCE45A3EA7">
<enum>
(a)
</enum>
<header>
Authority
</header>
<text>
A State shall use not less than one-half of one percent of the payment the State receives under section 111 for a fiscal year to award grants to eligible entities to create practical job and career readiness and training programs, and to provide job placements and career advancement.
</text>
</subsection>
<subsection id="H9C5712FDC4E049418629A31A54EF060D">
<enum>
(b)
</enum>
<header>
Application
</header>
<text>
To receive a grant under this section, an eligible entity shall submit an application to a designated State agency at such time, in such manner, and containing such information as such agency shall require. Such application shall include, at a minimum—
</text>
<paragraph id="H45F51CA060B349CB89EB3F2F9EB2F3DE">
<enum>
(1)
</enum>
<text>
a plan for evaluating the effectiveness of the program;
</text>
</paragraph>
<paragraph id="HDDA96B85A01742F599A671D27E0DE55A">
<enum>
(2)
</enum>
<text>
a plan for collecting and reporting the data and information described under subparagraphs (A) through (C) of section 101(a)(10), as determined appropriate by the designated State agency; and
</text>
</paragraph>
<paragraph id="H908674F89F8C4BFFA4CEFC4A2B749073">
<enum>
(3)
</enum>
<text>
a plan for providing for the non-Federal share of the costs of the program.
</text>
</paragraph>
</subsection>
<subsection id="H715359DEB4544370928F239804D72E1E">
<enum>
(c)
</enum>
<header>
Activities
</header>
<text>
An eligible entity receiving a grant under this section shall use the grant funds to carry out a program that provides one or more of the following:
</text>
<paragraph id="H75DBF8A1BE7644AAB7B99CDB4004F122">
<enum>
(1)
</enum>
<text>
Job development, job placement, and career advancement services for individuals with disabilities.
</text>
</paragraph>
<paragraph id="H0B66A8B6C80C471DA08A89EB47384D8F">
<enum>
(2)
</enum>
<text>
Training in realistic work settings in order to prepare individuals with disabilities for employment and career advancement in the competitive market.
</text>
</paragraph>
<paragraph id="H24D3C8A15FC6451EB235BC0C85A5A6CA">
<enum>
(3)
</enum>
<text>
Providing individuals with disabilities with such support services as may be required in order to maintain the employment and career advancement for which the individuals have received training.
</text>
</paragraph>
</subsection>
<subsection id="H771C9A6CE5C74AAEA69AFF260456DE6B">
<enum>
(d)
</enum>
<header>
Awards
</header>
<text>
Grants under this section shall—
</text>
<paragraph id="H3FCD47758EF5490CBAC8B7BCD18E2BE2">
<enum>
(1)
</enum>
<text>
be awarded for a period not to exceed 5 years; and
</text>
</paragraph>
<paragraph id="H7DB7D120859840689E296DCEA4CCE47F">
<enum>
(2)
</enum>
<text>
be awarded competitively.
</text>
</paragraph>
</subsection>
<subsection id="H099F68D12D8846168DD97F36B5D20E52">
<enum>
(e)
</enum>
<header>
Eligible entity defined
</header>
<text>
For the purposes of this section, the term
<term>
eligible entity
</term>
means a for-profit business, alone or in partnership with one or more of the following:
</text>
<paragraph id="H27B2C4D2CCB240B499617173F9659A2F">
<enum>
(1)
</enum>
<text>
Community rehabilitation program providers.
</text>
</paragraph>
<paragraph id="H29605A2D296F46EE9033B770B721C25E">
<enum>
(2)
</enum>
<text>
Indian tribes.
</text>
</paragraph>
<paragraph id="H463A9CBE3BBB45868A9D12FF241CB608">
<enum>
(3)
</enum>
<text>
Tribal organizations.
</text>
</paragraph>
</subsection>
<subsection id="H7975ED693FD2486DB6A98865D6474125">
<enum>
(f)
</enum>
<header>
Federal share
</header>
<text>
The Federal share of a program under this section shall not exceed 80 percent of the costs of the program.
</text>
</subsection>
<subsection id="HA390481291D148A0ABDD053C89E5DD60">
<enum>
(g)
</enum>
<header>
Eligibility for services
</header>
<text>
An individual shall be eligible for services provided under a program under this section if the individual is determined under section 102(a)(1) to be eligible for assistance under this title.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H3A2BE2E0670F4CA49BDE455BAA108E3B">
<enum>
508.
</enum>
<header>
Reservation for expanded transition services
</header>
<text display-inline="no-display-inline">
The Rehabilitation Act of 1973 is amended by inserting after section 110 (
<external-xref legal-doc="usc" parsable-cite="usc/29/730">
29 U.S.C. 730
</external-xref>
) the following:
</text>
<quoted-block id="H041F6BCFE62E44C28DF601F3F87014D4" style="OLC">
<section id="HCAC1DC92E1FA463F99C0C65132EF319D">
<enum>
110A.
</enum>
<header>
Reservation for expanded transition services
</header>
<text display-inline="no-display-inline">
Each State shall reserve not less than 10 percent of the funds allotted to the State under section 110(a) to carry out programs and activities under sections 101(a)(26)(B) and 103(b)(6).
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H7E8400CEE0E04EF1AE14DA3D61C2E7F9">
<enum>
509.
</enum>
<header>
Client assistance program
</header>
<text display-inline="no-display-inline">
Section 112(e)(1) of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732(e)(1)
</external-xref>
) is amended by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following:
</text>
<quoted-block id="HDEDC2858DCBF439C82288A7D74A33410" style="OLC">
<subparagraph id="HADA3FAABAE4544E0B8C036A56BE4488F">
<enum>
(D)
</enum>
<text>
The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. The amount of such grants shall be the same as provided to territories under this subsection.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H998979F32E524E98A5FEFF26D0498D1D">
<enum>
510.
</enum>
<header>
Title III amendments
</header>
<text display-inline="no-display-inline">
Title III of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/771">
29 U.S.C. 771 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="HB7A8D61E23F3456B99B12396616EF38B">
<enum>
(1)
</enum>
<text>
in section 301(a)—
</text>
<subparagraph id="H6BB0C03C4C3C4E20A2CA2C8D454FE263">
<enum>
(A)
</enum>
<text>
in paragraph (2), by inserting
<quote>
and
</quote>
at the end;
</text>
</subparagraph>
<subparagraph id="H15AB2B36EED945A3B747D5047AE49CCB">
<enum>
(B)
</enum>
<text>
by striking paragraphs (3) and (4); and
</text>
</subparagraph>
<subparagraph id="HEC92BF10F50644C68B3033F3A335417B">
<enum>
(C)
</enum>
<text>
by redesignating paragraph (5) as paragraph (3);
</text>
</subparagraph>
</paragraph>
<paragraph id="H038A4A4DFB124AC1B5557A4F928EF6A8">
<enum>
(2)
</enum>
<text>
in section 302(g)—
</text>
<subparagraph id="HAB46A0062A3547C1BE483BE6B13C6D12">
<enum>
(A)
</enum>
<text>
in the heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
And In-Service Training
</header-in-text>
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H09ED69B00ACB4C62B91F75BB3C9FA837">
<enum>
(B)
</enum>
<text>
by striking paragraph (3);
</text>
</subparagraph>
</paragraph>
<paragraph id="HAA2F9E57707542638BF1D9EEDD2562EC">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in section 303(c)—
</text>
<subparagraph id="HDDF460B74B354DE3B806508FFF37F30A">
<enum>
(A)
</enum>
<text>
in paragraph (4)—
</text>
<clause id="H7406525932254323801654061419F855">
<enum>
(i)
</enum>
<text>
by amending subparagraph (A)(ii) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H80C7EEA414E3488F9C055330BDCE02FA" style="OLC">
<clause id="HEE4E287EC3DA4E72BFD155D8A0047A4D">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
to coordinate and work closely with the parent training and information centers established pursuant to section 671 of the Individuals with Disabilities Education Act, the community parent resource centers established pursuant to section 672 of such Act, and the eligible entities receiving awards under section 673 of such Act; and
</text>
</clause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H333F198525BF4EB9B51B013124D0AF83">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (C), by inserting
<quote>
, and demonstrate the capacity for serving,
</quote>
after
<quote>
serve
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H618DE378E73D4CE2A8DAAE33AF97CA68">
<enum>
(B)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC23B55FA8A15446C9CED12EED4FE1A0C" style="OLC">
<paragraph commented="no" id="H56E66E8EBD0B4F469DEC6DE82988B76A">
<enum>
(8)
</enum>
<header>
Reservation
</header>
<text display-inline="yes-display-inline">
From the amount appropriated to carry out this subsection for a fiscal year, 20 percent of such amount or $500,000, whichever is less, shall be reserved to carry out paragraph (6).
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H3247F56D4CF94A8BAFF9AD3893994C68">
<enum>
(4)
</enum>
<text>
by striking sections 304 and 305; and
</text>
</paragraph>
<paragraph id="HEA957DDD20174ADB93CF0679D1C67259">
<enum>
(5)
</enum>
<text>
by redesignating section 306 as section 304.
</text>
</paragraph>
</section>
<section id="H2FC26D6EBBAC4F7291AA0F33CC357B24">
<enum>
511.
</enum>
<header>
Repeal of title VI
</header>
<text display-inline="no-display-inline">
The Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
) is amended by repealing title VI.
</text>
</section>
<section id="H8DE317EC10DD4FF58ED2EAB7A7B42E37">
<enum>
512.
</enum>
<header>
Chairperson
</header>
<text display-inline="no-display-inline">
Section 705(b)(5) of the Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796d">
29 U.S.C. 796d(b)(5)
</external-xref>
) is amended to read as follows:
</text>
<quoted-block id="H9788E6C8AE6C42958D5E787094675810" style="OLC">
<paragraph id="HB60678B9F5D74EC387AFA3E6E7EEF895">
<enum>
(5)
</enum>
<header>
Chairperson
</header>
<text>
The Council shall select a chairperson from among the voting membership of the Council.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HD7C59BCDA71C45BD9254F9F2DFEFF68E">
<enum>
513.
</enum>
<header>
Authorizations of appropriations
</header>
<text display-inline="no-display-inline">
The Rehabilitation Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/29/701">
29 U.S.C. 701 et seq.
</external-xref>
) is further amended—
</text>
<paragraph id="H3F218E41EB134135BB56B2C58AE14E42">
<enum>
(1)
</enum>
<text>
in section 100(b)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/29/720">
29 U.S.C. 720(b)(1)
</external-xref>
), by striking
<quote>
such sums as may be necessary for fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$3,121,712,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="H41BF5ADB9D924EC09FFC4A8DB9BE518A">
<enum>
(2)
</enum>
<text>
in section 110(c) (
<external-xref legal-doc="usc" parsable-cite="usc/29/730">
29 U.S.C. 730(c)
</external-xref>
), by amending paragraph (2) to read as follows:
</text>
<quoted-block id="HF193B23A39944357A722B6EBA86509F9" style="OLC">
<paragraph id="H15DC50B27068408798BC7279FAE6F949">
<enum>
(2)
</enum>
<text>
The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1) for each of fiscal years 2014 through 2020.
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H6FECBACB60EE4963986601E1A62B1BFB">
<enum>
(3)
</enum>
<text>
in section 112(h) (
<external-xref legal-doc="usc" parsable-cite="usc/29/732">
29 U.S.C. 732(h)
</external-xref>
) by striking
<quote>
such sums as may be necessary for fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$12,240,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="HDBAD8F4AC61D4A3A8D88BD3277FB75F0">
<enum>
(4)
</enum>
<text>
by amending subsection (a) of section 201 (
<external-xref legal-doc="usc" parsable-cite="usc/29/761">
29 U.S.C. 761(a)
</external-xref>
) to read as follows:
<quote>
(a) There are authorized to be appropriated $108,817,000 for fiscal year 2014 and each of the 6 succeeding fiscal years to carry out this title.
</quote>
;
</text>
</paragraph>
<paragraph id="H32EEAF9DCF464A588A31C8B311CDD161">
<enum>
(5)
</enum>
<text>
in section 302(i) (
<external-xref legal-doc="usc" parsable-cite="usc/29/772">
29 U.S.C. 772(i)
</external-xref>
) by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$35,515,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="H7EE9242F08A0436E9C6E91402551CA4D">
<enum>
(6)
</enum>
<text>
in section 303(e) (
<external-xref legal-doc="usc" parsable-cite="usc/29/773">
29 U.S.C. 773(e)
</external-xref>
) by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$5,325,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="H772BBDF0AEF84F9296E5CAB29BFB0C11">
<enum>
(7)
</enum>
<text>
in section 405 (
<external-xref legal-doc="usc" parsable-cite="usc/29/785">
29 U.S.C. 785
</external-xref>
) by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$3,258,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="H9EC50691F6794500B57913B30E0D3FF3">
<enum>
(8)
</enum>
<text>
in section 502(j) (
<external-xref legal-doc="usc" parsable-cite="usc/29/792">
29 U.S.C. 792(j)
</external-xref>
) by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$7,400,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="H40701351D205446D961930CC30E0C82E">
<enum>
(9)
</enum>
<text>
in section 509(l) (
<external-xref legal-doc="usc" parsable-cite="usc/29/794e">
29 U.S.C. 794e(l)
</external-xref>
) by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$18,031,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="H301E371B9FEB4881BD92078F2E850D2F">
<enum>
(10)
</enum>
<text>
in section 714 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796e-3">
29 U.S.C. 796e–3
</external-xref>
), by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$23,359,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
;
</text>
</paragraph>
<paragraph id="H57042D9A95894F25AF8F25A34679A21B">
<enum>
(11)
</enum>
<text>
in section 727 (
<external-xref legal-doc="usc" parsable-cite="usc/29/796f-6">
29 U.S.C. 796f–6
</external-xref>
), by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$79,953,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
; and
</text>
</paragraph>
<paragraph id="HF80513C35F034A369893DCE96AA59209">
<enum>
(12)
</enum>
<text>
in section 753 (
<external-xref legal-doc="usc" parsable-cite="usc/29/7961">
29 U.S.C. 7961
</external-xref>
), by striking
<quote>
such sums as may be necessary for each of the fiscal years 1999 through 2003
</quote>
and inserting
<quote>
$34,018,000 for fiscal year 2014 and each of the 6 succeeding fiscal years
</quote>
.
</text>
</paragraph>
</section>
<section id="H1239E50202FA4E3898E46D0396700B37">
<enum>
514.
</enum>
<header>
Conforming amendments
</header>
<text display-inline="no-display-inline">
Section 1(b) of the Rehabilitation Act of 1973 is amended—
</text>
<paragraph id="HF6399E65B91C45268AC88E05541BFBD9">
<enum>
(1)
</enum>
<text>
by inserting after the item relating to section 109 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H22467C89AF43462CBF02A087FEC382BA" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 109A. Collaboration with industry.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H0A5FD8109DA641608AEA6298B2230F67">
<enum>
(2)
</enum>
<text>
by inserting after the item relating to section 110 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H94EE1209010F4E71A82EAD77857586C4" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 110A. Reservation for expanded transition services.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H56F66583CE564C7EA95E0D9E4BE3F1F0">
<enum>
(3)
</enum>
<text>
by striking the item related to section 304 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA66A436F1EC6444A9936266E4EDB64CE" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 304. Measuring of project outcomes and performance.
</toc-entry>
</toc>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H3E767912EDFD4DFF85D7F88FAFA1D113">
<enum>
(4)
</enum>
<text>
by striking the items related to sections 305 and 306; and
</text>
</paragraph>
<paragraph id="HDB170CFF3A6241EA803E29ABDCBA2A47">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
by striking the items related to title VI.
</text>
</paragraph>
</section>
</title>
</legis-body>
<endorsement display="yes">
<action-date date="20130312">
March 12, 2013
</action-date>
<action-desc>
Reported from the
<committee-name added-display-style="italic" committee-id="HED00" deleted-display-style="strikethrough">
Committee on Education and the Workforce
</committee-name>
with an amendment
</action-desc>
<action-date date="20130312">
March 12, 2013
</action-date>
<action-desc>
The Committees on
<committee-name committee-id="HJU00">
the Judiciary
</committee-name>
,
<committee-name committee-id="HAG00">
Agriculture
</committee-name>
,
<committee-name committee-id="HVR00">
Veterans' Affairs
</committee-name>
,
<committee-name committee-id="HIF00">
Energy and Commerce
</committee-name>
, and
<committee-name committee-id="HPW00">
Transportation and Infrastructure
</committee-name>
discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
</action-desc>
</endorsement>
</bill>
| IB Union Calendar No. 9 113th CONGRESS 1st Session H. R. 803 [Report No. 113–14, Part I] IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Ms. Foxx (for herself, Mr. Kline , Mr. Roe of Tennessee , Mr. Rokita , Mr. McKeon , Mr. Marchant , Mr. Salmon , Mr. Guthrie , Mr. DesJarlais , Mr. Bucshon , Mr. Heck of Nevada , Mrs. Brooks of Indiana , Mr. Messer , Mrs. Ellmers , and Mr. Stivers ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on the Judiciary , Agriculture , Veterans’ Affairs , Energy and Commerce , and Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned March 12, 2013 Additional sponsors: Mrs. Roby , Mr. Poe of Texas , Mr. Hudson , Mr. Huelskamp , Mr. Walden , Mr. Radel , Mr. Griffin of Arkansas , Mr. Flores , and Mr. Kelly March 12, 2013 Reported from the Committee on Education and the Workforce with an amendment Strike out all after the enacting clause and insert the part printed in italic March 12, 2013 The Committees on the Judiciary , Agriculture , Veterans' Affairs , Energy and Commerce , and Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on February 25, 2013 A BILL To reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more competitive in the 21st century.
1. Short title This Act may be cited as the Supporting Knowledge and Investing in Lifelong Skills Act or the SKILLS Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Effective date. Title I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998 Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 102. Purpose. Sec. 103. State workforce investment boards. Sec. 104. State plan. Sec. 105. Local workforce investment areas. Sec. 106. Local workforce investment boards. Sec. 107. Local plan. Sec. 108. Establishment of one-stop delivery system. Sec. 109. Identification of eligible providers of training services. Sec. 110. General authorization. Sec. 111. State allotments. Sec. 112. Within State allocations. Sec. 113. Use of funds for employment and training activities. Sec. 114. Performance accountability system. Sec. 115. Authorization of appropriations. Subtitle C—Job Corps Sec. 116. Job Corps purposes. Sec. 117. Job Corps definitions. Sec. 118. Individuals eligible for the Job Corps. Sec. 119. Recruitment, screening, selection, and assignment of enrollees. Sec. 120. Job Corps centers. Sec. 121. Program activities. Sec. 122. Counseling and job placement. Sec. 123. Support. Sec. 124. Operations. Sec. 125. Community participation. Sec. 126. Workforce councils. Sec. 127. Technical assistance. Sec. 128. Special provisions. Sec. 129. Performance accountability management. Subtitle D—National Programs Sec. 130. Technical assistance. Sec. 131. Evaluations. Subtitle E—Administration Sec. 132. Requirements and restrictions. Sec. 133. Prompt allocation of funds. Sec. 134. Fiscal controls; sanctions. Sec. 135. Reports to Congress. Sec. 136. Administrative provisions. Sec. 137. State legislative authority. Sec. 138. General program requirements. Sec. 139. Federal agency staff. Subtitle F—State unified plan Sec. 140. State unified plan. Title II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Amendment. Title III—AMENDMENTS TO THE WAGNER-PEYSER ACT Sec. 301. Amendments to the Wagner-Peyser Act. Title IV—REPEALS AND CONFORMING AMENDMENTS Sec. 401. Repeals. Sec. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Sec. 403. Amendments to the Food and Nutrition Act of 2008. Sec. 404. Amendments to section 412 of the Immigration and Nationality Act. Sec. 405. Amendments relating to the Second Chance Act of 2007. Sec. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968. Sec. 407. Conforming amendments to the United States Code. Sec. 408. Conforming amendment to table of contents. Title V—AMENDMENTS TO THE REHABILITATION ACT OF 1973 Sec. 501. Findings. Sec. 502. Rehabilitation services administration. Sec. 503. Definitions. Sec. 504. State plan. Sec. 505. Scope of services. Sec. 506. Standards and indicators. Sec. 507. Collaboration with industry. Sec. 508. Reservation for expanded transition services. Sec. 509. Client assistance program. Sec. 510. Title III amendments. Sec. 511. Repeal of title VI. Sec. 512. Chairperson. Sec. 513. Authorizations of appropriations. Sec. 514. Conforming amendments. 3. References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 ( 29 U.S.C. 9201 et seq. ). 4. Effective date Except as otherwise provided, this Act and the amendments made by this Act shall be effective with respect to fiscal year 2014 and succeeding fiscal years. I AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998 A Workforce Investment Definitions 101. Definitions Section 101 ( 29 U.S.C. 2801 ) is amended— (1) by striking paragraphs (13) and (24); (2) by redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14) through (23) as paragraphs (15) through (24), respectively; (3) by striking paragraphs (52) and (53); (4) by inserting after In this title: the following new paragraphs: (1) Accrued expenditures The term accrued expenditures means charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; services performed by employees, contractors, subgrantees, subcontractors, and other payees; and other amounts becoming owed under programs assisted under this title for which no current services or performance is required, such as annuities, insurance claims, and other benefit payments. (2) Administrative costs The term administrative costs means expenditures incurred by State and local workforce investment boards, direct recipients (including State grant recipients under subtitle B and recipients of awards under subtitles C and D), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under this title which are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and non-personnel and both direct and indirect. ; (5) in paragraph (3) (as so redesignated), by striking Except in sections 127 and 132, the and inserting The ; (6) by amending paragraph (5) (as so redesignated) to read as follows: (5) Area career and technical education school The term area career and technical education school has the meaning given the term in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302(3) ). ; (7) in paragraph (6) (as so redesignated), by inserting (or such other level as the Governor may establish) after 8th grade level ; (8) in paragraph (10)(C) (as so redesignated), by striking not less than 50 percent of the cost of the training and inserting a significant portion of the cost of training, as determined by the local board (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board determines to be appropriate ; (9) in paragraph (11) (as so redesignated)— (A) in subparagraph (A)(ii)(II), by striking section 134(c) and inserting section 121(e) ; (B) in subparagraph (B)(iii)— (i) by striking 134(d)(4) and inserting 134(c)(4) ; and (ii) by striking intensive services described in section 134(d)(3) and inserting work ready services described in section 117(d)(5)(C) ; (C) in subparagraph (C), by striking or after the semicolon; (D) in subparagraph (D), by striking the period and inserting ; or ; and (E) by adding at the end the following: (E) (i) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or (ii) is the spouse of a member of the Armed Forces on active duty who meets the criteria described in paragraph (12)(B). ; (10) in paragraph (12)(A) (as redesignated)— (A) by striking and after the semicolon and inserting or ; (B) by striking (A) and inserting (A)(i) ; and (C) by adding at the end the following: (ii) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; and ; (11) in paragraph (13) (as so redesignated), by inserting or regional after local each place it appears; (12) in paragraph (14) (as so redesignated)— (A) in subparagraph (A), by striking section 122(e)(3) and inserting section 122 ; (B) by striking subparagraph (B), and inserting the following: (B) work ready services, means a provider who is identified or awarded a contract as described in section 117(d)(5)(C); or ; (C) by striking subparagraph (C); and (D) by redesignating subparagraph (D) as subparagraph (C). (13) in paragraph (15) (as so redesignated), by striking adult or dislocated worker and inserting individual ; (14) in paragraph (25)— (A) in subparagraph (B), by striking higher of— and all that follows through clause (ii) and inserting poverty line for an equivalent period; ; (B) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and (C) by inserting after subparagraph (C) the following: (D) receives or is eligible to receive free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); ; (15) in paragraph (32), by striking the Republic of the Marshall Islands, the Federated States of Micronesia, ; (16) by amending paragraph (33) to read as follows: (33) Out-of-school youth The term out-of-school youth means— (A) an at-risk youth who is a school dropout; or (B) an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed. . (17) in paragraph (38), by striking 134(a)(1)(A) and inserting 134(a)(1)(B) ; (18) by amending paragraph (49) to read as follows: (49) Veteran The term veteran has the same meaning given the term in section 2108(1) of title 5, United States Code. ; (19) by amending paragraph (50) to read as follows: (50) Career and technical education The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). ; (20) in paragraph (51) by striking , and a youth activity ; and (21) by adding at the end the following: (52) At-risk youth Except as provided in subtitle C, the term at-risk youth means an individual who— (A) is not less than age 16 and not more than age 24; (B) is a low-income individual; and (C) is an individual who is one or more of the following: (i) a secondary school dropout; (ii) a youth in foster care (including youth aging out of foster care); (iii) a youth offender; (iv) a youth who is an individual with a disability; or (v) a migrant youth. (53) Industry or sector partnership The term industry or sector partnership means a partnership of a State or local board and one or more industries and other entities that have the capability to help the State or local board determine the immediate and long term skilled workforce needs of in-demand industries and other occupations important to the State or local economy, respectively. (54) Industry-recognized credential The term industry-recognized credential means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring. (55) Recognized postsecondary credential The term ‘recognized postsecondary credential’ means a credential awarded by a training provider or postsecondary educational institution based on completion of all requirements for a program of study, including coursework or tests or other performance evaluations. The term includes an industry-recognized credential, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree. (56) Pay-for-performance contract strategy The term pay-for-performance contract strategy means a strategy in which a contract to provide a program of employment and training activities incorporates— (A) the performance outcome described in subclauses (I) through (IV) of section 136(b)(2)(A)(i); (B) a fixed amount that will be paid to a provider of such employment and training activities for each program participant who achieves the agreed to levels of performance based upon the outcome measures described in subparagraph (A), within a defined timetable, and may include a bonus payment to such provider which may be used to expand the capacity of such provider; (C) the ability for a provider to recoup the costs of training a participant who has not met such outcome measures, but for whom the provider is able to demonstrate that such participant gained specific competencies required for education and career advancement that are, where feasible, tied to industry-recognized credentials and related standards, or State licensing requirements; and (D) the ability for a provider that does not meet the requirements under section 122(a)(2) to participate in such pay-for-performance contract and to not be required to report on the performance and cost information required under section 122(d). . B Statewide and Local Workforce Investment Systems 102. Purpose Section 106 ( 29 U.S.C. 2811 ) is amended by adding at the end the following: It is also the purpose of this subtitle to provide workforce investment activities in a manner that enhances employer engagement, promotes customer choices in the selection of training services, and ensures accountability in the use of the taxpayer funds. . 103. State workforce investment boards Section 111 ( 29 U.S.C. 2821 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B) (as so redesignated)— (I) by amending clause (i)(I), by striking section 117(b)(2)(A)(i) and inserting section 117(b)(2)(A) ; (II) by amending clause (i)(II) to read as follows: (II) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the State economy; and ; (III) by striking clause (iii) and inserting the following: (iii) a State agency official responsible for economic development; and ; (IV) by striking clauses (iv) through (vi); (V) by amending clause (vii) to read as follows: (vii) such other representatives and State agency officials as the Governor may designate, including— (I) members of the State legislature; (II) representatives of individuals and organizations that have experience with respect to youth activities; (III) representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community-based organizations within the State; (IV) representatives of the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners; or (V) representatives of veterans service organizations. ; and (VI) by redesignating clause (vii) (as so amended) as clause (iv); and (B) by amending paragraph (3) to read as follows: (3) Majority A 2/3 majority of the members of the board shall be representatives described in paragraph (1)(B)(i). ; (2) in subsection (c), by striking (b)(1)(C)(i) and inserting (b)(1)(B)(i) ; (3) by amending subsection (d) to read as follows: (d) Functions The State board shall assist the Governor of the State as follows: (1) State plan Consistent with section 112, develop a State plan. (2) Statewide workforce development system Review and develop statewide policies and programs in the State in a manner that supports a comprehensive Statewide workforce development system that will result in meeting the workforce needs of the State and its local areas. Such review shall include determining whether the State should consolidate additional programs into the Workforce Investment Fund in accordance with section 501(e). (3) Workforce and labor market information system Develop a statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act, which may include using existing information conducted by the State economic development entity or related entity in developing such system. (4) Employer engagement Develop strategies across local areas that meet the needs of employers and support economic growth in the State by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (5) Designation of local areas Designate local areas as required under section 116. (6) One-stop delivery system Identify and disseminate information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies. (7) Program oversight Conduct the following program oversight: (A) Reviewing and approving local plans under section 118. (B) Ensuring the appropriate use and management of the funds provided for State employment and training activities authorized under section 134. (C) Preparing an annual report to the Secretary described in section 136(d). (8) Development of performance measures Develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, as described under section 136(b). ; (4) by striking subsection (e) and redesignating subsection (f) as subsection (e); (5) in subsection (e) (as so redesignated), by inserting or participate in any action taken after vote ; (6) by inserting after subsection (e) (as so redesignated), the following: (f) Staff The State board may employ staff to assist in carrying out the functions described in subsection (d). ; and (7) in subsection (g), by inserting electronic means and after on a regular basis through . 104. State plan Section 112 ( 29 U.S.C. 2822 )— (1) in subsection (a)— (A) by striking 127 or ; and (B) by striking 5-year strategy and inserting 3-year strategy ; (2) in subsection (b)— (A) by amending paragraph (4) to read as follows: (4) information describing— (A) the economic conditions in the State; (B) the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy; (C) the knowledge and skills of the workforce in the State; and (D) workforce development activities (including education and training) in the State; ; (B) by amending paragraph (7) to read as follows: (7) a description of the State criteria for determining the eligibility of training providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training programs relate to occupations that are in-demand; ; (C) by amending paragraph (8) to read as follows: (8) (A) a description of the procedures that will be taken by the State to assure coordination of, and avoid duplication among, the programs and activities identified under section 501(b)(2); and (B) a description of common data collection and reporting processes used for the programs and activities described in subparagraph (A), which are carried out by one-stop partners, including— (i) assurances that such processes use quarterly wage records for performance measures described in section 136(b)(2)(A) that are applicable to such programs or activities; or (ii) if such wage records are not being used for the performance measures, an identification of the barriers to using such wage records and a description of how the State will address such barriers within one year of the approval of the plan; ; (D) in paragraph (9), by striking , including comment by representatives of businesses and representatives of labor organizations, ; (E) in paragraph (11), by striking under sections 127 and 132 and inserting under section 132 ; (F) by striking paragraph (12); (G) by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively; (H) in paragraph (12) (as so redesignated), by striking 111(f) and inserting 111(e) ; (I) in paragraph (13) (as so redesignated), by striking 134(c) and inserting 121(e) ; (J) in paragraph (14) (as so redesignated), by striking 116(a)(5) and inserting 116(a)(4) ; (K) in paragraph (16) (as so redesignated)— (i) in subparagraph (A)— (I) in clause (ii), by striking to dislocated workers ; (II) in clause (iii), by striking 134(d)(4) and inserting 134(c)(4) ; (III) by striking and at the end of clause (iii); (IV) by amending clause (iv) to read as follows: (iv) how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. )), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled and homeless veterans), and Native Americans; and ; and (V) by adding at the end the following new clause: (v) how the State will— (I) consistent with section 188 and Executive Order 13217 ( 42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and (II) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; ; and (ii) in subparagraph (B), by striking to the extent practicable and inserting in accordance with the requirements of the Jobs for Veterans Act ( Public Law 107–288 ) and the amendments made by such Act ; and (L) by striking paragraph (17) (as so redesignated) and inserting the following: (17) a description of the strategies and services that will be used in the State— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the State economy; (B) to meet the needs of employers in the State; and (C) to better coordinate workforce development programs with economic development activities; (18) a description of how the State board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; (B) to address the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the State economy, and (C) to address critical skill gaps within and across industries; (19) a description of how the State will utilize technology to facilitate access to services in remote areas, which may be used throughout the State; (20) a description of the State strategy and assistance to be provided for encouraging regional cooperation within the State and across State borders, as appropriate; (21) a description of the actions that will be taken by the State to foster communication, coordination, and partnerships with non-profit organizations (including public libraries, community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, to enhance the quality and comprehensiveness of services available to participants under this title; (22) a description of the process and methodology for determining— (A) one-stop partner program contributions for the cost of the infrastructure of one-stop centers under section 121(h)(1); and (B) the formula for allocating such infrastructure funds to local areas under section 121(h)(3); (23) a description of the strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the State and local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; and (24) a description of— (A) how the State will furnish employment, training, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the State to assist and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the State. ; (3) in subsection (c), by striking period, that— all that follows through paragraph (2) and inserting period, that the plan is inconsistent with the provisions of this title. ; and (4) in subsection (d), by striking 5-year and inserting 3-year . 105. Local workforce investment areas Section 116 ( 29 U.S.C. 2831 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) by striking Except as provided in subsection (b), and consistent with paragraphs (2), (3), and (4), in and inserting In ; and (II) by striking 127 or ; and (ii) by amending subparagraph (B) to read as follows: (B) Considerations In making the designation of local areas, the Governor shall take into consideration the following: (i) The extent to which such local areas are consistent with labor market areas. (ii) The extent to which labor market areas align with economic development regions. (iii) Whether such local areas have the appropriate education and training providers to meet the needs of the local workforce. (iv) The distance that individuals will need to travel to receive services provided in such local areas. ; (B) by amending paragraph (2) to read as follows: (2) Technical assistance The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1). ; (C) by striking paragraph (3) and inserting the following: (3) Designation on recommendation of state board The Governor may approve a request from any unit of general local government (including a combination of such units) for designation as a local area under paragraph (1) if the State board determines, taking into account the factors described in clauses (i) through (iv) of paragraph (1)(B), and recommends to the Governor, that such area shall be so designated. ; (D) by striking paragraph (4); and (E) by redesignating paragraph (5) as paragraph (4); (2) by amending subsection (b) to read as follows: (b) Single states Consistent with subsection (a)(1)(B), the Governor may designate a State as a single State local area for the purposes of this title. ; and (3) in subsection (c)— (A) in paragraph (1), by adding at the end the following: The State may require the local boards for the designated region to prepare a single regional plan that incorporates the elements of the local plan under section 118 and that is submitted and approved in lieu of separate local plans under such section. ; and (B) in paragraph (2), by striking employment statistics and inserting workforce and labor market information . 106. Local workforce investment boards Section 117 ( 29 U.S.C. 2832 ) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking include— and all that follows through representatives and inserting include representatives ; (II) by striking clauses (ii) through (vi); (III) by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively (and by moving the margins of such clauses 2 ems to the left); (IV) by striking clause (ii) (as so redesignated) and inserting the following: (ii) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the local economy; and ; and (V) by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting ; and ; and (ii) by amending subparagraph (B) to read as follows: (B) may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate, including— (i) a superintendent of the local secondary school system, the president or chief executive officer of a postsecondary educational institution (including a community college, where such an entity exists), or an administrator of local entities providing adult education and literacy activities; (ii) representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); or (iii) representatives of veterans service organizations. ; (B) in paragraph (4)— (i) by striking A majority and inserting A 2/3 majority ; and (ii) by striking (2)(A)(i) and inserting (2)(A) ; and (C) in paragraph (5) by striking (2)(A)(i) and inserting (2)(A) ; (2) by striking subsection (c)(1)(C); (3) by amending subsection (d) to read as follows: (d) Functions of local board The functions of the local board shall include the following: (1) Local plan Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor. (2) Workforce research and regional labor market analysis (A) In general The local board shall— (i) conduct, and regularly update, an analysis of— (I) the economic conditions in the local area; (II) the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy; (III) the knowledge and skills of the workforce in the local area; and (IV) workforce development activities (including education and training) in the local area; and (ii) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act. (B) Existing analysis A local board shall use existing analysis by the local economic development entity or related entity in order to carry out requirements of subparagraph (A)(i). (3) Employer engagement The local Board shall meet the needs of employers and support economic growth in the local area by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (4) Budget and administration (A) Budget (i) In general The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection. (ii) Training reservation In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(c)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve under this clause. (B) Administration (i) Grant recipient (I) In general The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under section 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability. (II) Designation In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I). (III) Disbursal The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board. (ii) Staff The local board may employ staff to assist in carrying out the functions described in this subsection. (iii) Grants and donations The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act. (5) Selection of operators and providers (A) Selection of one-stop operators Consistent with section 121(d), the local board, with the agreement of the chief elected official— (i) shall designate or certify one-stop operators as described in section 121(d)(2)(A); and (ii) may terminate for cause the eligibility of such operators. (B) Identification of eligible training service providers Consistent with this subtitle, the local board shall identify eligible providers of training services described in section 134(c)(4) in the local area, annually review the outcome of individual training providers using the criteria under section 122(b)(2), and designate providers in the local area who have demonstrated the highest level of success with respect to such indicators as priority providers for the following program year. (C) Identification of eligible providers of work ready services If the one-stop operator does not provide the services described in section 134(c)(2) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts. (6) Program oversight The local board, in partnership with the chief elected official, shall be responsible for— (A) ensuring the appropriate use and management of the funds provided for local employment and training activities authorized under section 134(b); and (B) conducting oversight of the one-stop delivery system in the local area authorized under section 121. (7) Negotiation of local performance measures The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c). (8) Technology improvements The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including in remote areas. ; (4) in subsection (e)— (A) by inserting electronic means and after regular basis through ; and (B) by striking and the award of grants or contracts to eligible providers of youth activities, ; (5) in subsection (f)— (A) in paragraph (1)(A), by striking section 134(d)(4) and inserting section 134(c)(4) ; and (B) by striking paragraph (2) and inserting the following: (2) Work ready services, designation, or certification as one-stop operators A local board may provide work ready services described in section 134(c)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor. ; (6) in subsection (g)(1), by inserting or participate in any action taken after vote ; and (7) by striking subsections (h) and (i). 107. Local plan Section 118 ( 29 U.S.C. 2833 ) is amended— (1) in subsection (a), by striking 5-year and inserting 3-year ; (2) by amending subsection (b) to read as follows: (b) Contents The local plan shall include— (1) a description of the analysis of the local area's economic and workforce conditions conducted under section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle; (2) a description of the one-stop delivery system in the local area, including— (A) a description of how the local board will ensure— (i) the continuous improvement of eligible providers of services through the system; and (ii) that such providers meet the employment needs of local businesses and participants; and (B) a description of how the local board will facilitate access to services provided through the one-stop delivery system consistent with section 117(d)(8); (3) a description of the strategies and services that will be used in the local area— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the local economy; (B) to meet the needs of employers in the local area; (C) to better coordinate workforce development programs with economic development activities; and (D) to better coordinate workforce development programs with employment, training, and literacy services carried out by nonprofit organizations, including public libraries, as appropriate; (4) a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; (B) to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the local economy; and (C) to address critical skill gaps within and across industries; (5) a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(c)(4); (6) a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide activities, as appropriate; (7) a description of how the local area will— (A) coordinate activities with the local area’s disability community and with services provided under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(A)(i)(VIII) ) by local educational agencies serving such local area to make available comprehensive, high-quality services to individuals with disabilities; (B) consistent with section 188 and Executive Order 13217 ( 42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and (C) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; (8) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be— (A) used to measure the performance of the local area; and (B) used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area; (9) a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan; (10) a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as the Supplemental Nutrition Assistance Program), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled veterans and homeless veterans), and Native Americans; (11) an identification of the entity responsible for the disbursal of grant funds described in subclause (III) of section 117(d)(4)(B)(i), as determined by the chief elected official or the Governor under such section; (12) a description of the strategies and services that will be used in the local area to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; (13) a description of— (A) how the local area will furnish employment, training, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the local area to assist and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the local area; (14) a description of— (A) the duties assigned to the veteran employment specialist consistent with the requirements of section 134(f); (B) the manner in which the veteran employment specialist is integrated into the One-Stop Career System described in section 121; (C) the date on which the veteran employment specialist was assigned; and (D) whether the veteran employment specialist has satisfactorily competed such training by the National Veterans' Employment and Training Services Institute; and (15) such other information as the Governor may require. ; (3) in subsection (c)(1), by striking such means and inserting electronic means such ; and (4) in subsection (c)(2), by striking , including representatives of business and representatives of labor organizations, . 108. Establishment of one-stop delivery system Section 121 ( 29 U.S.C. 2841 ) is amended— (1) in subsection (b)— (A) by striking subparagraph (A) of paragraph (1) and inserting the following: (A) Roles and responsibilities of one-stop partners Each entity that carries out a program or activities described in subparagraph (B) shall— (i) provide access through the one-stop delivery system to the program and activities carried out by the entity, including making the work ready services described in section 134(c)(2) that are applicable to the program of the entity available at one-stop centers (in addition to any other appropriate locations); (ii) use a portion of the funds available to the program of the entity to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) enter into a local memorandum of understanding with the local board relating to the operation of the one-stop delivery system that meets the requirements of subsection (c); and (iv) participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the programs carried out by the entity. ; (B) in paragraph (1)(B)— (i) by striking clauses (ii), (v), and (vi); (ii) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; (iii) by redesignating clauses (vii) through (xii) as clauses (iv) through (ix), respectively; (iv) in clause (viii), as so redesignated, by striking and at the end; (v) in clause (ix), as so redesignated, by striking the period and inserting ; and ; and (vi) by adding at the end the following: (x) subject to subparagraph (C), programs authorized under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). ; (C) by inserting after paragraph (1)(B) the following: (C) Determination by the governor Each entity carrying out a program described in subparagraph (B)(x) shall carry out the required partner activities described in subparagraph (A) unless the Governor of the State in which the local area is located provides the Secretary and Secretary of Health and Human Services written notice of a determination by the Governor that such entities shall not carry out such required partner activities. ; and (D) in paragraph (2)— (i) in subparagraph (A)(i), by striking section 134(d)(2) and inserting section 134(c)(2) ; and (ii) in subparagraph (B)— (I) by striking clauses (i), (ii), and (v); (II) in clause (iv), by striking and at the end; (III) by redesignating clauses (iii) and (iv) as clauses (i) and (ii), respectively; and (IV) by adding at the end the following: (iii) employment and training programs administered by the Commissioner of the Social Security Administration; (iv) employment and training programs carried out by the Administrator of the Small Business Administration; (v) employment, training, and literacy services carried out by public libraries; and (vi) other appropriate Federal, State, or local programs, including programs in the private sector. ; (2) in subsection (c)(2), by amending subparagraph (A) to read as follows: (A) provisions describing— (i) the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated through such system; (ii) how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for nontraditional employment; and (iv) the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and ; (3) in subsection (d)— (A) in the heading for paragraph (1), by striking Designation and certification and inserting Local designation and certification ; (B) in paragraph (2)— (i) by striking section 134(c) and inserting subsection (e) ; (ii) by amending subparagraph (A) to read as follows: (A) shall be designated or certified as a one-stop operator through a competitive process; and ; and (iii) in subparagraph (B), by striking clause (ii) and redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and (C) in paragraph (3), by striking vocational and inserting career and technical ; (4) by amending subsection (e) to read as follows: (e) Establishment of one-Stop delivery system (1) In general There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall— (A) provide the work ready services described in section 134(c)(2); (B) provide access to training services as described in section 134(c)(4), including serving as the point of access to career enhancement accounts for training services to participants in accordance with paragraph (4)(F) of such section; (C) provide access to the activities carried out under section 134(d), if any; (D) provide access to programs and activities carried out by one-stop partners that are described in subsection (b) of this section; and (E) provide access to the information described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) ). (2) One-stop delivery At a minimum, the one-stop delivery system— (A) shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than one physical center in each local area of the State; and (B) may also make programs, services, and activities described in paragraph (1) available— (i) through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and (ii) through a network of eligible one-stop partners— (I) in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically- or technologically-linked access point; and (II) that assures individuals that information on the availability of the work ready services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I). (3) Specialized centers The centers and sites described in paragraph (2) may have a specialization in addressing special needs. ; and (5) by adding at the end the following: (g) Certification of one-Stop centers (1) In general (A) In general The State board shall establish objective procedures and criteria for certifying, at least once every 3 years, one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h). (B) Criteria The criteria for certification under this subsection shall include— (i) meeting all of the expected levels of performance for each of the core indicators of performance as outlined in the State plan under section 112; (ii) meeting minimum standards relating to the scope and degree of service integration achieved by the centers involving the programs provided by the one-stop partners; and (iii) meeting minimum standards relating to how the centers ensure that eligible providers meet the employment needs of local employers and participants. (C) Effect of certification One-stop centers certified under this subsection shall be eligible to receive the infrastructure grants authorized under subsection (h). (2) Local boards Consistent with the criteria developed by the State, the local board may develop additional criteria of higher standards to respond to local labor market and demographic conditions and trends. (h) One-Stop infrastructure funding (1) Partner contributions (A) Provision of funds Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in (b)(2)(B) for a fiscal year shall be provided to the Governor by such programs to carry out this subsection. (B) Determination of governor (i) In general Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers by each partner, the costs of administration for purposes not related to one-stop centers for each partner, and other relevant factors described in paragraph (3). (ii) Special rule In those States where the State constitution places policy-making authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title II of this Act and for postsecondary career education activities authorized under the Carl D. Perkins Career and Technical Education Act, the determination described in clause (i) with respect to such programs shall be made by the Governor with the appropriate entity or official with such independent policy-making authority. (iii) Appeal by one-stop partners The Governor shall establish a procedure for the one-stop partner administering a program described in subsection (b) to appeal a determination regarding the portion of funds to be contributed under this paragraph on the basis that such determination is inconsistent with the criteria described in the State plan or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal. (C) Limitations (i) Provision from administrative funds The funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the limitations with respect to the portion of funds under such programs that may be used for administration. (ii) Federal direct spending programs Programs that are Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c)(8) ) shall not, for purposes of this paragraph, be required to provide an amount in excess of the amount determined to be equivalent to the proportionate use of the one-stop centers by such programs in the State. (2) Allocation by governor From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph (3) for the purposes of assisting in paying the costs of the infrastructure of one-stop centers certified under subsection (g). (3) Allocation formula The State board shall develop a formula to be used by the Governor to allocate the funds described in paragraph (1). The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in the local area that have been certified, the population served by such centers, and the performance of such centers. (4) Costs of infrastructure For purposes of this subsection, the term costs of infrastructure means the nonpersonnel costs that are necessary for the general operation of a one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, and equipment (including assistive technology for individuals with disabilities). (i) Other funds (1) In general In addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), or the noncash resources available under such programs shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved including— (A) infrastructure costs that are in excess of the funds provided under subsection (h); (B) common costs that are in addition to the costs of infrastructure; and (C) the costs of the provision of work ready services applicable to each program. (2) Determination and guidance The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph (1) shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide guidance to facilitate the determination of appropriate allocation of the funds and noncash resources in local areas. . 109. Identification of eligible providers of training services Section 122 ( 29 U.S.C. 2842 ) is amended to read as follows: 122. Identification of eligible providers of training services (a) Eligibility (1) In general The Governor, after consultation with the State board, shall establish criteria and procedures regarding the eligibility of providers of training services described in section 134(c)(4) to receive funds provided under section 133(b) for the provision of such training services. (2) Providers Subject to the provisions of this section, to be eligible to receive the funds provided under section 133(b) for the provision of training services, the provider shall be— (A) a postsecondary educational institution that— (i) is eligible to receive Federal funds under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); and (ii) provides a program that leads to a recognized postsecondary credential; (B) an entity that carries out programs under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ); or (C) another public or private provider of a program of training services. (3) Inclusion in list of eligible providers A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be included on the list of eligible providers of training services described in subsection (d) for so long as the provider remains certified by the Secretary of Labor to carry out the programs described in paragraph (2)(B). (b) Criteria (1) In general The criteria established pursuant to subsection (a) shall take into account— (A) the performance of providers of training services with respect to the performance measures described in section 136 and other matters for which information is required under paragraph (2) and other appropriate measures of performance outcomes for those participants receiving training services under this subtitle; (B) whether the training programs of such providers relate to occupations that are in demand; (C) the need to ensure access to training services throughout the State, including in rural areas; (D) the ability of providers to offer programs that lead to a recognized postsecondary credential; (E) the information such providers are required to report to State agencies with respect to other Federal and State programs (other than the program carried out under this subtitle), including one-stop partner programs; and (F) such other factors as the Governor determines are appropriate. (2) Information The criteria established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State for purposes of carrying out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including— (A) information on recognized postsecondary credentials received by such participants; (B) information on costs of attendance for such participants; (C) information on the program completion rate for such participants; and (D) information on the performance of the provider with respect to the performance measures described in section 136 for such participants. (3) Renewal The criteria established by the Governor shall also provide for a review every 3 years and renewal of eligibility under this section for providers of training services. (4) Local criteria A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required under the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) to provide the services in the local area involved. (5) Limitation In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or eligible student in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (c) Procedures The procedures established under subsection (a) shall— (1) identify— (A) the application process for a provider of training services to become eligible to receive funds under section 133(b) for the provision of training services; and (B) the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria established under this section; and (2) establish a process for a provider of training services to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal. (d) Information To assist participants in choosing providers In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list or lists of providers determined eligible under this section in the State, including information provided under subsection (b)(2) with respect to such providers, is provided to the local boards in the State and is made available to such participants and to members of the public through the one-stop delivery system in the State. (e) Enforcement (1) In general The criteria and procedures established under this section shall provide the following: (A) Intentionally supplying inaccurate information Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services, or individual providing information on behalf of the provider, intentionally supplied inaccurate information under this section, the eligibility of such provider to receive funds under chapter 5 shall be terminated for a period of time that is not less than 2 years. (B) Substantial violations Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services substantially violated any requirement under this title, the eligibility of such provider to receive funds under the program involved shall be terminated for a period of time that is not less than 10 years. (C) Repayment A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 during a period of noncompliance described in such subparagraph. (2) Construction Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties. (f) Agreements with other states States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept career enhancement accounts provided in another State. (g) Recommendations In developing the criteria, procedures, and information required under this section, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State. (h) Opportunity To submit comments During the development of the criteria, procedures, requirements for information, and the list of eligible providers required under this section, the Governor shall provide an opportunity for interested members of the public to submit comments regarding such criteria, procedures, and information. (i) On-the-Job training or customized training exception (1) In general Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (d). (2) Collection and dissemination of information A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services. . 110. General authorization Chapter 5 of subtitle B of title I is amended— (1) by striking the heading for chapter 5 and inserting the following: Employment and training activities ; and (2) in section 131 ( 29 U.S.C. 2861 )— (A) by striking paragraphs (1)(B) and (2)(B) of ; and (B) by striking adults, and dislocated workers, and inserting individuals . 111. State allotments Section 132 ( 29 U.S.C. 2862 ) is amended— (1) by amending subsection (a) to read as follows: (a) In general The Secretary shall— (1) reserve ½ of 1 percent of the total amount appropriated under section 137 for a fiscal year, of which— (A) 50 percent shall be used to provide technical assistance under section 170; and (B) 50 percent shall be used for evaluations under section 172; (2) reserve not more than 1 percent of the total amount appropriated under section 137 for a fiscal year to make grants to, and enter into contracts or cooperative agreements with Indian tribes, tribal organizations, Alaska-Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out employment and training activities; (3) reserve not more than 25 percent of the total amount appropriated under section 137 for a fiscal year to carry out the Jobs Corps program under subtitle C; (4) reserve not more than 3.5 percent of the total amount appropriated under section 137 for a fiscal year to— (A) make grants to State or local boards to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; and (B) provide assistance to Governors of States with an area that has suffered an emergency or a major disaster (as such terms are defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )) to provide disaster relief employment in the area. (5) from the remaining amount appropriated under section 137 for a fiscal year (after reserving funds under paragraphs (1) through (4)), make allotments in accordance with subsection (b) of this section. ; and (2) by amending subsection (b) to read as follows: (b) Workforce investment fund (1) Reservation for outlying areas (A) In general From the amount made available under subsection (a)(5) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent to provide assistance to the outlying areas. (B) Restriction The Republic of Palau shall cease to be eligible to receive funding under this subparagraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 ( Public Law 99–658 )) after the date of enactment of the SKILLS Act. (2) States (A) In general After determining the amount to be reserved under paragraph (1), the Secretary shall allot the remainder of the amount referred to in subsection (a)(5) for a fiscal year to the States pursuant to subparagraph (B) for employment and training activities and statewide workforce investment activities. (B) Formula Subject to subparagraphs (C) and (D) , of the remainder— (i) 25 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (ii) 25 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States; (iii) 25 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more; and (iv) 25 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States. (C) Minimum and maximum percentages (i) Minimum percentage The Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2014 through 2016, that is less than 100 percent of the allotment percentage of the State for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year. (ii) Maximum percentage Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) each of fiscal years 2014 through 2016, that is more than 130 percent of the allotment percentage of the State for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year. (D) Small state minimum allotment Subject to subparagraph (C) , the Secretary shall ensure that no State shall receive an allotment under this paragraph for a fiscal year that is less than 1/5 of 1 percent of the remainder described in subparagraph (A) for the fiscal year. (E) Definitions For the purpose of the formula specified in this paragraph: (i) Allotment percentage The term allotment percentage — (I) used with respect to fiscal year 2012, means the percentage of the amounts allotted to States under title I of this Act, title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ), the Women in Apprenticeship and Nontraditional Occupations Act ( 29 U.S.C. 2501 et seq. ), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the State involved for fiscal year 2012; and (II) used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allotted to States under this paragraph for the fiscal year that is received under this paragraph by the State involved for the fiscal year. (ii) Disadvantaged youth The term disadvantaged youth means an individual who is not less than age 16 and not more than age 24 who receives an income, or is a member of a family that received a total family income, that in relation to family size, does not exceed the higher of— (I) the poverty line; or (II) 70 percent of the lower living standard income level. (iii) Individual The term individual means an individual who is age 16 or older. . 112. Within State allocations Section 133 is amended— (1) by amending subsection (a) to read as follows: (a) Reservations for Statewide workforce investment activities (1) Statewide employment and training activities The Governor of a State shall reserve up to 15 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out the statewide activities described in section 134(a). (2) Statewide rapid response activities Of the amount reserved under paragraph (1) for a fiscal year, the Governor of the State shall reserve not more than 25 percent for statewide rapid response activities described in section 134(a)(4). (3) Statewide grants for individuals with barriers to employment Of the amount reserved under paragraph (1) for a fiscal year, the Governor of a State shall reserve 15 percent to carry out statewide activities described in section 134(a)(5). (4) State administrative cost limit Not more than 5 percent of the funds reserved under paragraph (1) may be used by the Governor of a State for administrative costs of carrying out the statewide activities described in section 134(a). ; (2) by amending subsection (b) to read as follows: (b) Within state allocation (1) Methods The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas, shall— (A) allocate the funds that are allotted to the State for employment and training activities and not reserved under subsection (a), in accordance with paragraph (2)(A); and (B) award the funds that are reserved by the State under subsection (a)(3) through competitive grants to eligible entities, in accordance with section 134(a)(1)(C). (2) Formula allocations for the workforce investment fund (A) Allocation In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate— (i) 25 percent on the basis described in section 132(b)(2)(B)(i); (ii) 25 percent on the basis described in section 132(b)(2)(B)(ii); (iii) 25 percent on the basis described in section 132(b)(2)(B)(iii); and (iv) 25 percent on the basis described in section 132(b)(2)(B)(iv). (B) Minimum and maximum percentages (i) Minimum percentage The State shall ensure that no local area shall receive an allocation under this paragraph for— (I) each of fiscal years 2014 through 2016, that is less than 100 percent of the allocation percentage of the local area for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is less than 90 percent of the allocation percentage of the local area for the preceding fiscal year. (ii) Maximum percentage Subject to clause (i) , the State shall ensure that no local area shall receive an allocation for a fiscal year under this paragraph for— (I) each of fiscal years 2014 through 2016, that is more than 130 percent of the allocation percentage of the local area for fiscal year 2012; and (II) fiscal year 2017 and each succeeding fiscal year, that is more than 130 percentage of the allocation percentage of the local area for the preceding fiscal year. (C) Definitions For the purpose of the formula specified in this paragraph, the term allocation percentage — (i) used with respect to fiscal year 2012, means the percentage of the amounts allocated to local areas under title I of this Act, title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ), the Women in Apprenticeship and Nontraditional Occupations Act ( 29 U.S.C. 2501 et seq. ), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the local area involved for fiscal year 2012; and (ii) used with respect to fiscal year 2016 or a succeeding fiscal year, means the percentage of the amounts allocated to local areas for the fiscal year under this paragraph that is received under this paragraph by the local area involved for the fiscal year. ; (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general The Governor, may in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation. ; (B) in paragraph (2), by striking paragraph (2)(A) or (3) of subsection (b) for such activities and inserting subsection (b) for such activities ; (C) by amending paragraph (3) to read as follows: (3) Reallocations In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(2) for such activities for such prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(2) for such activities for such prior program year. ; and (D) in paragraph (4), by striking paragraph (2)(A) or (3) of ; and (4) by adding at the end the following new subsection: (d) Local administrative cost limit Of the amounts allocated to a local area under this section for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities in the local area under this chapter. . 113. Use of funds for employment and training activities Section 134 is amended— (1) by amending subsection (a) to read as follows: (a) Statewide Employment and Training Activities (1) In general (A) Distribution of statewide activities Funds reserved by a Governor for a State as described in section 133(a)(1)— (i) shall be used to carry out the statewide employment and training activities described in paragraph (2); and (ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3). (B) Statewide rapid response activities Funds reserved by a Governor for a State as described in section 133(a)(2) shall be used to carry out the statewide rapid response activities described in paragraph (4). (C) Statewide grants for individuals with barriers to employment Funds reserved by a Governor for a State as described in section 133(a)(3) shall be used to carry out the Statewide Grants for Individuals with Barriers to Employment competition described in paragraph (5). (2) Required Statewide employment and training activities A State shall use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities, which shall include— (A) disseminating the State list of eligible providers of training described in section 122(d), information identifying eligible providers of on-the-job training and customized training described in section 122(i), and performance information and program cost information described in section 122(b)(2); (B) supporting the provision of work ready services described in subsection (c)(2) in the one-stop delivery system; (C) implementing strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, recognized postsecondary credentials, and employment experience to succeed in the labor market; (D) conducting evaluations under section 136(e) of activities authorized under this chapter in coordination with evaluations carried out by the Secretary under section 172; (E) providing technical assistance to local areas that fail to meet local performance measures; (F) operating a fiscal and management accountability system under section 136(f); and (G) carrying out monitoring and oversight of activities carried out under this chapter. (3) Allowable statewide employment and training activities A State may use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities which may include— (A) implementing innovative programs and strategies designed to meet the needs of all employers in the State, including small employers, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnerships, career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title; (B) providing incentive grants to local areas for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)), for local coordination of activities carried out under this Act, and for exemplary performance by local areas on the local performance measures; (C) developing strategies for effectively integrating programs and services among one-stop partners; (D) carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; (E) incorporating pay-for-performance contracting strategies, as defined in section 101(56), as an element in funding activities under this section and providing technical support to local areas and providers in order to carry out such strategy, which may provide assistance with data collection and data entry requirements; (F) carrying out the State option under subsection (f)(8); and (G) carrying out other activities authorized under this section that the State determines to be necessary to assist local areas in carrying out activities described in subsection (c) or (d) through the statewide workforce investment system. (4) Statewide rapid response activities A State shall use funds reserved as described in section 133(a)(2) to carry out statewide rapid response activities, which shall include— (A) provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas; and (B) provision of additional assistance to local areas that experience disasters, mass layoffs or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas. (5) Statewide grants for individuals with barriers to employment (A) In general Of the funds reserved as described in section 133(a)(3), the Governor of a State— (i) may reserve up to 5 percent to provide technical assistance to, and conduct evaluations as described in section 136(e), of the programs and activities carried out under this paragraph; and (ii) using the remainder, shall award grants on a competitive basis to eligible entities described in subparagraph (B) to carry out employment and training programs authorized under this paragraph for individuals with barriers to employment that meet specific performance outcomes and criteria established by the Governor. (B) Eligible entity defined For purposes of this paragraph, the term eligible entity means an entity that— (i) is a— (I) local board or a consortium of local boards; (II) nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities; or (III) consortium of the entities described in subclauses (I) and (II); (ii) has a demonstrated record of placing individuals into unsubsidized employment and serving hard to serve individuals; and (iii) agrees to be reimbursed primarily on the basis of achievement of specified performance outcomes and criteria established by the Governor. (C) Grant period (i) In general A grant under this paragraph shall be awarded for a period of 1 year. (ii) Grant renewal A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph. (D) Eligible Participants To be eligible to participate in activities under this paragraph, an individual shall be a low-income individual age 16 or older or a member of a low-income family. (E) Use of Funds An eligible entity receiving a grant under this paragraph shall use such funds for activities that are designed to assist eligible participants in obtaining employment and acquiring the education and skills necessary to succeed in the labor market. (F) Applications To be eligible to receive a grant under this paragraph, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including— (i) a description of how the strategies and activities will be aligned with the State plan submitted under section 112 and the local plan submitted under section 118 with respect to the areas of the State that will be the focus of grant activities under this paragraph; (ii) a description of the educational and skills training programs and activities the eligible entity will provide to eligible participants under this paragraph; (iii) how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities; (iv) a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve the education and skills training for eligible participants; (v) a description of the populations to be served and the skill needs of those populations, and the manner in which eligible participants will be recruited and selected as participants; (vi) a description of the private, public, local, and State resources that will be leveraged, in addition to the grant funds provided for the programs and activities under this paragraph, and how the entity will ensure the sustainability of such programs and activities after grant funds are no longer available; (vii) a description of the extent of the involvement of employers in such programs and activities; (viii) a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for all individuals specified in section in 136(b)(2); (ix) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures that will be used to ensure fiscal soundness for the programs and activities provided under this paragraph; and (x) any other criteria the Governor may require. ; (2) by amending subsection (b) to read as follows: (b) Local employment and training activities Funds allocated to a local area under section 133(b)— (1) shall be used to carry out employment and training activities described in subsection (c); and (2) may be used to carry out employment and training activities described in subsection (d). ; (3) by striking subsection (c); (4) by redesignating subsections (d) and (e), as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) In general Funds allocated to a local area under section 133(b) shall be used— (A) to establish a one-stop delivery system as described in section 121(e); (B) to provide the work ready services described in paragraph (2) through the one-stop delivery system in accordance with such paragraph; and (C) to provide training services described in paragraph (4) in accordance with such paragraph. ; (B) in paragraph (2)— (i) in the heading, by striking Core services and inserting Work ready services ; (ii) in the matter preceding subparagraph (A)— (I) by striking (1)(A) and inserting (1)(B) ; (II) by striking core services and inserting work ready services ; and (III) by striking who are adults or dislocated workers ; (iii) by redesignating subparagraph (K) as subparagraph (V); (iv) by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively; (v) by inserting after subparagraph (A) the following: (B) assistance in obtaining eligibility determinations under the other one-stop partner programs through activities, where appropriate and consistent with the authorizing statute of the one-stop partner program, such as assisting in the submission of applications, the provision of information on the results of such applications, and the provision of intake services and information; ; (vi) by amending subparagraph (E), as so redesignated, to read as follows: (E) labor exchange services, including— (i) job search and placement assistance, and where appropriate, career counseling; (ii) appropriate recruitment services for employers, including small employers, in the local area, which may include services described in this subsection, including information and referral to specialized business services not traditionally offered through the one-stop delivery system; and (iii) reemployment services provided to unemployment claimants, including claimants identified as in need of such services under the worker profiling system established under section 303(j) of the Social Security Act ( 42 U.S.C. 503(j) ); ; (vii) in subparagraph (F), as so redesignated, by striking employment statistics and inserting workforce and labor market ; (viii) in subparagraph (G), as so redesignated, by striking and eligible providers of youth activities described in section 123, ; (ix) in subparagraph (H), as so redesignated, by inserting under section 136 after local performance measures ; (x) in subparagraph (J), as so redesignated, by inserting and the administration of the work test for the unemployment compensation system after compensation ; (xi) by amending subparagraph (K), as so redesignated, to read as follows: (K) assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act and are available in the local area; ; and (xii) by inserting the following new subparagraphs after subparagraph (K), as so redesignated: (L) the provision of information from official publications of the Internal Revenue Service regarding Federal tax credits available to individuals relating to education, job training and employment; (M) comprehensive and specialized assessments of the skill levels and service needs of workers, which may include— (i) diagnostic testing and use of other assessment tools; and (ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; (N) development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant; (O) group counseling; (P) individual counseling and career planning; (Q) case management; (R) short-term pre-career services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training; (S) internships and work experience; (T) literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if such activities are not available to participants in the local area under programs administered under the Adult Education and Family Literacy Act ( 20 U.S.C. 2901 et seq. ); (U) out-of-area job search assistance and relocation assistance; and ; and (C) by amending paragraph (3) to read as follows: (3) Delivery of services The work ready services described in paragraph (2) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board. ; (D) in paragraph (4)— (i) by amending subparagraph (A) to read as follows: (A) In general Funds described in paragraph (1)(C) shall be used to provide training services to individuals who— (i) after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to— (I) be in need of training services to obtain or retain employment; and (II) have the skills and qualifications to successfully participate in the selected program of training services; (ii) select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the individual receiving such services are willing to commute or relocate; and (iii) who meet the requirements of subparagraph (B); ; and (ii) in subparagraph (B)(i), by striking Except and inserting Notwithstanding section 479B of the Higher Education Act of 1965 ( 20 U.S.C. 1087uu ) and except ; (iii) by amending subparagraph (D) to read as follows: (D) Training services Training services authorized under this paragraph may include— (i) occupational skills training; (ii) on-the-job training; (iii) skill upgrading and retraining; (iv) entrepreneurial training; (v) education activities leading to a regular secondary school diploma or its recognized equivalent in combination with, concurrently or subsequently, occupational skills training; (vi) adult education and literacy activities provided in conjunction with other training authorized under this subparagraph; (vii) workplace training combined with related instruction; (viii) occupational skills training that incorporates English language acquisition; (ix) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; and (x) training programs operated by the private sector. ; (iv) by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and (v) in subparagraph (E) (as so redesignated)— (I) in clause (ii)— (aa) in the matter preceding subclause (I), by striking subsection (c) and inserting section 121 ; (bb) in subclause (I), by striking section 122(e) and inserting section 122(d) and by striking section 122(h) and inserting section 122(i) ; and (cc) in subclause (II), by striking subsections (e) and (h) and inserting subsection (i) ; and (II) by striking clause (iii) and inserting the following: (iii) Career enhancement accounts An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through a career enhancement account. (iv) Coordination Each local board may, through one-stop centers, coordinate career enhancement accounts with other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services. (v) Assistance Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts in obtaining funds (in addition to the funds provided under this section) from other programs and sources that will assist the individual in obtaining training services. ; and (vi) in subparagraph (F) (as so redesignated)— (I) in the subparagraph heading, by striking individual training accounts and inserting career enhancement accounts ; (II) in clause (i) by striking individual training accounts and inserting career enhancement accounts ; (III) in clause (ii)— (aa) by striking an individual training account and inserting a career enhancement account ; (bb) by striking subparagraph (F) and inserting subparagraph (E) ; (cc) in subclause (II), by striking individual training accounts and inserting career enhancement accounts ; (dd) in subclause (II) by striking or after the semicolon; (ee) in subclause (III) by striking the period and inserting ; or ; and (ff) by adding at the end the following: (IV) the local board determines that it would be most appropriate to award a contract to an institution of higher education that has been identified as a priority provider under section 117(d)(5)(B) in order to facilitate the training of multiple individuals in in-demand sectors or occupations, and which may be used to enable the expansion of programs provided by a priority provider, if such contract does not limit customer choice. ; (IV) in clause (iii), by striking adult or dislocated worker and inserting individual ; and (V) in clause (iv)— (aa) by redesignating subclause (IV) as subclause (V) and inserting after subclause (III) the following: (IV) Individuals with disabilities. ; (6) in subsection (d) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) Discretionary one-stop delivery activities (A) In general Funds allocated to a local area under section 133(b)(2) may be used to provide, through the one-stop delivery system— (i) customized screening and referral of qualified participants in training services to employers; (ii) customized employment-related services to employers on a fee-for-service basis; (iii) customer supports, including transportation and childcare, to navigate among multiple services and activities for special participant populations that face multiple barriers to employment, including individuals with disabilities; (iv) employment and training assistance provided in coordination with child support enforcement activities of the State agency carrying out subtitle D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ); (v) incorporating pay-for-performance contract strategies, as defined in section 101(56), as an element in funding activities under this section; (vi) activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and (vii) activities to carry out business services and strategies that meet the workforce investment needs of local area employers, as determined by the local board, consistent with the local plan under section 118. . (B) by striking paragraphs (2) and (3); and (C) by adding at the end the following: (2) Incumbent worker training programs (A) In general The local board may use funds allocated to a local area under section 133(b)(2) to carry out incumbent worker training programs in accordance with this paragraph. (B) Training activities The training programs for incumbent workers under this paragraph shall be carried out by the local area in conjunction with the employers of such workers for the purpose of assisting such workers in obtaining the skills necessary to retain employment and avert layoffs. (C) Employer match required (i) In general Employers participating in programs under this paragraph shall be required to pay a proportion of the costs of providing the training to the incumbent workers of the employers. The local board shall establish the required portion of such costs, which may include in-kind contributions. (ii) Calculation of match The wages paid by an employer to a worker while they are attending training may be included as part of the required payment of the employer. ; and (7) by adding at the end the following: (e) Priority for Placement in Private Sector Jobs In providing employment and training activities authorized under this section, the State and local board shall give priority to placing participants in jobs in the private sector. (f) Veteran employment specialist (1) In general Subject to paragraph (8), a local board shall hire and employ one or more veteran employment specialist to carry out employment, training, and placement services under this subsection in the local area served by the local board. (2) Principal duties A veteran employment specialist in a local area shall— (A) conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including— (i) conducting seminars for employers; and (ii) in conjunction with employers, conducting job search workshops, and establishing job search groups; and (B) facilitate employment, training, supportive, and placement services furnished to veterans, including disabled and homeless veterans, in the local area. (3) Hiring preference for veterans and individuals with expertise in serving veterans Subject to paragraph (8), a local board shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to carry out the services described in paragraph (2) in the local area served by the local board. In hiring an individual to serve as a veteran employment specialist, a local board shall give preference to veterans and other individuals in the following order: (A) To service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to veterans. (C) If no veteran described in subparagraph (A) or (B) is available, to any member of the Armed Forces transitioning out of military service. (D) If no veteran described in subparagraph (A), (B), or (C) is available, to any spouse of a veteran or a spouse of a member of the Armed Forces transitioning out of military service. (E) If no veteran described in subparagraph (A), (B), or (C) is available and no spouse described in paragraph (D) is available, to any other individuals with expertise in serving veterans. (4) Administration and reporting (A) In general Each veteran employment specialist shall be administratively responsible to the manager of the one-stop delivery center in the local area and shall provide, at a minimum, quarterly reports to the manager of such center and to the Director for Veterans’ Employment and Training for the State on the performance and compliance by the specialist with Federal law and regulations with respect to the— (i) principal duties and special services for veterans described in paragraph (2); and (ii) hiring preferences described in paragraph (3) for veterans and individuals with expertise in serving veterans. (B) Report to Secretary Each State shall submit to the Secretary an annual report on the qualifications used by the local board in making hiring determinations for a veteran employment specialist and the salary structure under which such specialist is compensated. (C) Report to Congress The Secretary shall submit to the Committee on Education and the Workforce and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the Senate an annual report summarizing the reports submitted under subparagraph (B), including summaries of outcomes achieved by participating veterans disaggregated by local areas. (5) Part-time employees A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this subsection on a halftime basis. (6) Training requirements Each veteran employment specialist described in paragraph (2) shall satisfactorily complete training provided by the National Veterans' Employment and Training Institute during the three-year period that begins on the date on which the employee is so assigned. (7) Specialist’s duties A full-time veteran employment specialist shall perform only duties related to the employment, training, supportive, and placement services under this subsection, and shall not perform other non-veteran-related duties if such duties detract from the specialist’s ability to perform the specialist's duties related to employment, training, and placement services under this subsection. (8) State option At the request of a local board, a State may assume the duties assigned to the local board under paragraphs (1) and (3), including the hiring and employment of one or more veteran employment specialist for placement in the local area served by the local board. . 114. Performance accountability system Section 136 ( 29 U.S.C. 2871 ) is amended— (1) in subsection (b)— (A) by amending paragraphs (1) and (2) to read as follows: (1) In general For each State, the State performance measures shall consist of— (A) (i) the core indicators of performance described in paragraph (2)(A); and (ii) additional indicators of performance (if any) identified by the State under paragraph (2)(B); and (B) a State adjusted level of performance for each indicator described in subparagraph (A). (2) Indicators of performance (A) Core indicators of performance (i) In general The core indicators of performance for the program of employment and training activities authorized under sections 132(a)(2) and 134, the program of adult education and literacy activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741), shall consist of the following indicators of performance, each disaggregated by the populations identified in the State and local plans: (I) The percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program. (II) The percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program. (III) The median earnings of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program compared to the median earnings of such participants prior to the training received under such program. (IV) The percentage and number of program participants who obtain a recognized postsecondary credential, a registered apprenticeship, an industry-recognized credential, or a regular secondary school diploma or its recognized equivalent (subject to clause (ii)), during participation in or within 1 year after exit from program. (V) The percentage and number of program participants who, during a program year— (aa) are in an education or training program that leads to a recognized postsecondary credential, a registered apprenticeship or on-the-job training program, an industry-recognized credential, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; and (bb) are achieving measurable basic skill gains toward such a credential or employment. (VI) The percentage and number of program participants who obtain unsubsidized employment in the field relating to the training services described in section 134(c)(4) that such participants received. (ii) Indicator relating to credential For purposes of clause (i)(IV), program participants who obtain a regular secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have, within 1 year after exit from the program, obtained or retained employment, have been removed from public assistance, or are in an education or training program leading to a recognized postsecondary credential. (B) Additional indicators A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle. ; and (B) in paragraph (3)— (i) in subparagraph (A)— (I) in the heading, by striking and customer satisfaction indicator ; (II) in clause (i), by striking and the customer satisfaction indicator described in paragraph (2)(B) ; (III) in clause (ii), by striking and the customer satisfaction indicator of performance, for the first 3 and inserting , for all 3 ; (IV) in clause (iii)— (aa) in the heading, by striking for first 3 years ; and (bb) by striking and the customer satisfaction indicator of performance, for the first 3 program years and inserting for all 3 program years ; (V) in clause (iv)— (aa) by striking or (v) ; (bb) by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and (cc) in subclause (I) (as so redesignated)— (AA) by striking taking into account and inserting which shall be adjusted based on ; (BB) by inserting , such as unemployment rates and job losses or gains in particular industries after economic conditions ; and (CC) by inserting , such as indicators of poor work experience, dislocation from high-wage employment, low levels of literacy or English proficiency, disability status, including the number of veterans with disabilities, and welfare dependency after program ; (VI) by striking clause (v) and redesignating clause (vi) as clause (v); and (VII) in clause (v) (as so redesignated), (aa) by striking described in clause (iv)(II) and inserting described in clause (iv)(I) ; and (bb) by striking or (v) ; and (ii) in subparagraph (B), by striking paragraph (2)(C) and inserting paragraph (2)(B) ; (2) in subsection (c)(1)(A)— (A) by amending clause (i) to read as follows: (i) the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsections, other than statewide workforce investment activities; and ; (B) in clause (ii), by striking (b)(2)(C) and inserting (b)(2)(B) ; and (C) by amending paragraph (3) to read as follows: (3) Determinations In determining such local levels of performance, the local board, the chief elected official, and the Governor shall ensure such levels are adjusted based on the specific economic characteristics (such as unemployment rates and job losses or gains in particular industries), demographic characteristics, or other characteristics of the population to be served in the local area. ; (3) in subsection (d)— (A) in paragraph (1)— (i) by striking 127 or ; (ii) by striking and the customer satisfaction indicator each place it appears; and (iii) in the last sentence, by inserting before the period the following: , and on the amount and percentage of the State’s annual allotment under section 132 the State spends on administrative costs and on the amount and percentage of its annual allocation under section 133 each local area in the State spends on administrative costs ; (B) in paragraph (2)— (i) by striking subparagraphs (A), (B), and (D); (ii) by redesignating subparagraph (C) as subparagraph (A); (iii) by redesignating subparagraph (E) as subparagraph (B); (iv) in subparagraph (B), as so redesignated— (I) by striking (excluding participants who received only self-service and informational activities) ; and (II) by striking and at the end; (v) by striking subparagraph (F); (vi) by adding at the end the following: (C) with respect to each local area in the State— (i) the number of individuals who received work ready services described under section 134(c)(2) and the number of individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, where the individuals received the training, disaggregated by the type of entity that provided the training, and the amount of funds spent on each type of service; (ii) the number of individuals who successfully exited out of work ready services described under section 134(c)(2) and the number of individuals who exited out of training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and (iii) the average cost per participant of those individuals who received work ready services described under section 134(c)(2) and the average cost per participant of those individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and (E) the amount of funds spent on training services and discretionary one-stop delivery activities, disaggregated by the populations identified in the State and local plans. ; (C) in paragraph (3)(A), by striking through publication and inserting through electronic means ; and (D) by adding at the end the following: (4) Data validation In preparing the reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, to ensure the information contained in the report is valid and reliable. (5) State and local policies (A) State policies Each State that receives an allotment under section 132 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the State board and make such repository available to the public, including by electronic means. (B) Local policies Each local area that receives an allotment under section 133 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the local board and make such repository available to the public, including by electronic means. ; (4) in subsection (g)— (A) in paragraph (1)(A), by striking or (B) ; (B) in paragraph (1)(B), by striking may reduce by not more than 5 percent, and inserting shall reduce ; and (C) by striking paragraph (2) and inserting the following: (2) Funds resulting from reduced allotments The Secretary shall return to the Treasury the amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B). ; (5) in subsection (h)(1), by striking or (B) ; (6) in subsection (h)(2)— (A) in subparagraph (A), by amending the matter preceding clause (i) to read as follows: (A) In general If such failure continues for a second consecutive year, the Governor shall take corrective actions, including the development of a reorganization plan. Such plan shall— ; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (C) by inserting after subparagraph (A), the following: (B) Reduction in the amount of grant If such failure continues for a third consecutive year, the Governor of a State shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance. ; (D) in subparagraph (C)(i) (as so redesignated), by striking a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan and inserting corrective actions under subparagraphs (A) and (B) may, not later than 30 days after receiving notice of the actions, appeal to the Governor to rescind or revise such actions ; and (E) in subparagraph (D) (as so redesignated), by striking subparagraph (B) each place it appears and inserting subparagraph (C) ; (7) in subsection (i)(1)(B), by striking subsection (b)(2)(C) and inserting subsection (b)(2)(B) ; (8) in subsection (i)(1)(C), by striking (b)(3)(A)(vi) and inserting (b)(3)(A)(v) ; (9) in subsection (i)(2), by striking the activities described in section 502 concerning ; (10) in subsection (i)(3), by striking described in paragraph (1) and in the activities described in section 502 and inserting and activities described in this subsection ; and (11) by adding at the end the following new subsections: (j) Use of core indicators for other programs In addition to the programs carried out under chapter 5, and consistent with the requirements of the applicable authorizing laws, the Secretary shall use the core indicators of performance described in subsection (b)(2)(A) to assess the effectiveness of the programs described under section 121(b)(1)(B) that are carried out by the Secretary. (k) Establishing pay-for-performance incentives (1) In general At the discretion of the Governor of a State, a State may establish an incentive system for local boards to implement pay-for-performance contract strategies for the delivery of employment and training services in the local areas served by the local boards. (2) Implementation A State that establishes a pay-for-performance incentive system shall reserve not more than 10 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to provide funds to local areas in the State whose local boards have implemented a pay-for-performance contract strategy. (3) Evaluations A State described in paragraph (2) shall use funds reserved by the State under section 133(a)(1) to evaluate the return on investment of pay-for-performance contract strategies implemented by local boards in the State. . 115. Authorization of appropriations Section 137 ( 29 U.S.C. 2872 ) is amended to read as follows: 137. Authorization of appropriations There are authorized to be appropriated to carry out the activities described in section 132, $6,245,318,000 for fiscal year 2014 and each of the 6 succeeding fiscal years. . C Job Corps 116. Job Corps purposes Paragraph (1) of section 141 ( 29 U.S.C. 2881(1) ) is amended to read as follows: (1) to maintain a national Job Corps program for at-risk youth, carried out in partnership with States and communities, to assist eligible youth to connect to the workforce by providing them with intensive academic, career and technical education, and service-learning opportunities, in residential and nonresidential centers, in order for such youth to obtain regular secondary school diplomas and recognized postsecondary credentials leading to successful careers in in-demand industries that will result in opportunities for advancement; . 117. Job Corps definitions Section 142 ( 29 U.S.C. 2882 ) is amended— (1) in paragraph (2)— (A) in the paragraph heading, by striking Applicable one-stop and inserting One-stop ; (B) by striking applicable ; (C) by striking customer service ; and (D) by striking intake and inserting assessment ; (2) in paragraph (4), by striking before completing the requirements and all that follows and inserting prior to becoming a graduate. ; and (3) in paragraph (5), by striking has completed the requirements and all that follows and inserting the following: who, as a result of participation in the Job Corps program, has received a regular secondary school diploma, completed the requirements of a career and technical education and training program, or received, or is making satisfactory progress (as defined under section 484(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(c) ) toward receiving, a recognized postsecondary credential, including an industry-recognized credential that prepares individuals for employment leading to economic self-sufficiency. . 118. Individuals eligible for the Job Corps Section 144 ( 29 U.S.C. 2884 ) is amended— (1) by amending paragraph (1) to read as follows: (1) not less than age 16 and not more than age 24 on the date of enrollment; ; (2) in paragraph (3)(B), by inserting secondary before school ; and (3) in paragraph (3)(E), by striking vocational and inserting career and technical education and . 119. Recruitment, screening, selection, and assignment of enrollees Section 145 ( 29 U.S.C. 2885 ) is amended— (1) in subsection (a)— (A) in paragraph (2)(C)(i) by striking vocational and inserting career and technical education and training ; and (B) in paragraph (3)— (i) by striking To the extent practicable, the and inserting The ; (ii) in subparagraph (A)— (I) by striking applicable ; and (II) by inserting and after the semicolon; (iii) by striking subparagraphs (B) and (C); and (iv) by adding at the end the following: (B) organizations that have a demonstrated record of effectiveness in placing at-risk youth into employment. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting and agrees to such rules after failure to observe the rules ; and (ii) by amending subparagraph (C) to read as follows: (C) the individual has passed a background check conducted in accordance with procedures established by the Secretary, which shall include— (i) a search of the State criminal registry or repository in the State where the individual resides and each State where the individual previously resided; (ii) a search of State-based child abuse and neglect registries and databases in the State where the individual resides and each State where the individual previously resided; (iii) a search of the National Crime Information Center; (iv) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (v) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq. ). ; and (B) by adding at the end the following new paragraph: (3) Individuals convicted of a crime An individual shall be ineligible for enrollment if the individual— (A) makes a false statement in connection with the criminal background check described in paragraph (1)(C); (B) is registered or is required to be registered on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq. ); or (C) has been convicted of a felony consisting of— (i) homicide; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) a crime involving rape or sexual assault; or (v) physical assault, battery, or a drug-related offense, committed within the past 5 years. ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking 2 years and inserting year ; and (ii) by striking an assignment and inserting a ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking , every 2 years, ; (ii) in subparagraph (B), by striking and at the end; and (iii) in subparagraph (C)— (I) by inserting the education and training after including ; and (II) by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (D) the performance of the Job Corps center relating to the indicators described in paragraphs (1) and (2) in section 159(c), and whether any actions have been taken with respect to such center pursuant to section 159(f). ; and (4) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking is closest to the home of the enrollee, except that the and inserting offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The ; (ii) by striking subparagraph (A); and (iii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in paragraph (2), by inserting that offers the career and technical education and training desired by after home of the enrollee . 120. Job Corps centers Section 147 ( 29 U.S.C. 2887 ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by striking vocational both places it appears and inserting career and technical ; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253 ) and inserting subsections (a) and (b) of section 3304 of title 41, United States Code ; and (II) by striking industry council and inserting workforce council ; (ii) in subparagraph (B)(i)— (I) by amending subclause (II) to read as follows: (II) the ability of the entity to offer career and technical education and training that the workforce council proposes under section 154(c); ; (II) in subclause (III), by striking is familiar with the surrounding communities, applicable and inserting demonstrates relationships with the surrounding communities, employers, workforce boards, and by striking and at the end; (III) by amending subclause (IV) to read as follows: (IV) the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity’s demonstrated effectiveness in assisting individuals in achieving the primary and secondary indicators of performance described in paragraphs (1) and (2) of section 159(c); and ; and (IV) by adding at the end the following new subclause: (V) the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including by providing them with intensive academic, and career and technical education and training. ; and (iii) in subparagraph (B)(ii), by striking , as appropriate ; (2) in subsection (b), by striking In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps. ; (3) by amending subsection (c) to read as follows: (c) Civilian conservation centers (1) In general The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall adhere to all the provisions of this subtitle, and shall provide, in addition to education, career and technical education and training, and workforce preparation skills training described in section 148, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest. (2) Selection process The Secretary shall select an entity that submits an application under subsection (d) to operate a Civilian Conservation Center on a competitive basis, as provided in subsection (a). ; and (4) by striking subsection (d) and inserting the following: (d) Application To be eligible to operate a Job Corps center under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of the program activities that will be offered at the center, including how the career and technical education and training reflect State and local employment opportunities, including in in-demand industries; (2) a description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment upon completion of the program; (3) a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment, including past performance of operating a Job Corps center under this subtitle; (4) a description of the relationships that the entity has developed with State and local workforce boards, employers, State and local educational agencies, and the surrounding communities in an effort to promote a comprehensive statewide workforce investment system; (5) a description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a); (6) a description of the strategies and policies the entity will utilize to reduce participant costs; (7) a description of the steps taken to control costs in accordance with section 159(a)(3); (8) a detailed budget of the activities that will be supported using funds under this subtitle; (9) a detailed budget of the activities that will be supported using funds from non-Federal resources; (10) an assurance the entity will comply with the administrative cost limitation included in section 151(c); (11) an assurance the entity is licensed to operate in the State in which the center is located; and (12) an assurance the entity will comply with and meet basic health and safety codes, including those measures described in section 152(b). (e) Length of agreement The agreement described in subsection (a)(1)(A) shall be for not longer than a 2-year period. The Secretary may renew the agreement for 3 one-year periods if the entity meets the requirements of subsection (f). (f) Renewal (1) In general Subject to paragraph (2), the Secretary may renew the terms of an agreement described in subsection (a)(1)(A) for an entity to operate a Job Corps center if the center meets or exceeds each of the indicators of performance described in section 159(c)(1). (2) Recompetition (A) In general Notwithstanding paragraph (1), the Secretary shall not renew the terms of the agreement for an entity to operate a Job Corps center if such center is ranked in the bottom quintile of centers described in section 159(f)(2) for any program year. Such entity may submit a new application under subsection (d) only if such center has shown significant improvement on the indicators of performance described in section 159(c)(1) over the last program year. (B) Violations The Secretary shall not select an entity to operate a Job Corps center if such entity or such center has been found to have a systemic or substantial material failure that involves— (i) a threat to the health, safety, or civil rights of program participants or staff; (ii) the misuse of funds received under this subtitle; (iii) loss of legal status or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds; (iv) failure to meet any other Federal or State requirement that the entity has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified; or (v) an unresolved area of noncompliance. (g) Current grantees Not later than 60 days after the date of enactment of the SKILLS Act and notwithstanding any previous grant award or renewals of such award under this subtitle, the Secretary shall require all entities operating a Job Corps center under this subtitle to submit an application under subsection (d) to carry out the requirements of this section. . 121. Program activities Section 148 ( 29 U.S.C. 2888 ) is amended— (1) by amending subsection (a) to read as follows: (a) Activities provided through job corps centers (1) In General Each Job Corps center shall provide enrollees with an intensive, well-organized, and supervised program of education, career, and technical education and training, work experience, recreational activities, physical rehabilitation and development, and counseling. Each Job Corps center shall provide enrollees assigned to the center with access to work-ready services described in section 134(c)(2). (2) Relationship to opportunities (A) In general The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment— (i) secure and maintain meaningful unsubsidized employment; (ii) complete secondary education and obtain a regular secondary school diploma; (iii) enroll in and complete postsecondary education or training programs, including obtaining recognized postsecondary credentials, industry-recognized credentials, and registered apprenticeships; or (iv) satisfy Armed Forces requirements. (B) Link to employment opportunities The career and technical education and training provided shall be linked to the employment opportunities in in-demand industries in the State in which the Job Corps center is located. ; and (2) in subsection (b)— (A) in the subsection heading, by striking Education and Vocational and inserting Academic and Career and Technical Education and ; (B) by striking may after The Secretary and inserting shall ; and (C) by striking vocational each place it appears and inserting career and technical ; and (3) by amending paragraph (3) of subsection (c) to read as follows: (3) Demonstration Each year, any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that— (A) participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and (B) such operator has met or exceeded the indicators of performance described in paragraphs (1) and (2) of section 159(c) for the previous year. . 122. Counseling and job placement Section 149 ( 29 U.S.C. 2889 ) is amended— (1) in subsection (a), by striking vocational and inserting career and technical education and ; (2) in subsection (b), by striking make every effort to arrange to ; and (3) by striking subsection (d). 123. Support Subsection (b) of section 150 ( 29 U.S.C. 2890 ) is amended to read as follows: (b) Transition allowances and support for graduates The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of a recognized postsecondary credential, including an industry-recognized credential. . 124. Operations Section 151 ( 29 U.S.C. 2891 ) is amended— (1) in the header, by striking Operating plan . and inserting Operations . ; (2) in subsection (a), by striking In General. — and inserting Operating Plan. — ; (3) by striking subsection (b) and redesignating subsection (c) as subsection (b); (4) by amending subsection (b) (as so redesignated)— (A) in the heading by inserting of Operating Plan after Availability ; and (B) by striking subsections (a) and (b) and inserting subsection (a) ; and (5) by adding at the end the following new subsection: (c) Administrative costs Not more than 10 percent of the funds allotted under section 147 to an entity selected to operate a Job Corps center may be used by the entity for administrative costs under this subtitle. . 125. Community participation Section 153 ( 29 U.S.C. 2893 ) is amended to read as follows: 153. Community participation The director of each Job Corps center shall encourage and cooperate in activities to establish a mutually beneficial relationship between Job Corps centers in the State and nearby communities. Such activities may include the use of any local workforce development boards established under section 117 to provide a mechanism for joint discussion of common problems and for planning programs of mutual interest. . 126. Workforce councils Section 154 ( 29 U.S.C. 2894 ) is amended to read as follows: 154. Workforce councils (a) In general Each Job Corps center shall have a workforce council appointed by the Governor of the State in which the Job Corps center is located. (b) Workforce council composition (1) In General A workforce council shall be comprised of— (A) business members of the State board described in section 111(b)(1)(B)(i); (B) business members of the local boards described in section 117(b)(2)(A) located in the State; (C) a representative of the State board described in section 111(f); and (D) such other representatives and State agency officials as the Governor may designate. (2) Majority A 2/3 majority of the members of the workforce council shall be representatives described in paragraph (1)(A). (c) Responsibilities The responsibilities of the workforce council shall be— (1) to review all the relevant labor market information, including related information in the State plan described in section 112, to— (A) determine the in-demand industries in the State in which enrollees intend to seek employment after graduation; (B) determine the skills and education that are necessary to obtain the employment opportunities described in subparagraph (A); and (C) determine the type or types of career and technical education and training that will be implemented at the center to enable the enrollees to obtain the employment opportunities; and (2) to meet at least once a year to reevaluate the labor market information, and other relevant information, to determine any necessary changes in the career and technical education and training provided at the center. . 127. Technical assistance Section 156 ( 29 U.S.C. 2896 ) is amended to read as follows: 156. Technical assistance to centers (a) In general From the funds reserved under section 132(a)(3), the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for the Job Corps program for the purposes of improving program quality. (b) Activities In providing training and technical assistance and for allocating resources for such assistance, the Secretary shall— (1) assist entities, including those entities not currently operating a Job Corps center, in developing the application described in section 147(d); (2) assist Job Corps centers and programs in correcting deficiencies and violations under this subtitle; (3) assist Job Corps centers and programs in meeting or exceeding the indicators of performance described in paragraph (1) and (2) of section 159(c); and (4) assist Job Corps centers and programs in the development of sound management practices, including financial management procedures. . 128. Special provisions Section 158(c)(1) ( 29 U.S.C. 2989(c)(1) ) is amended by striking title II of the Federal Property and Administrative Services Act of 1949 ( 40 U.S.C. 481 et seq. ) and inserting chapter of 5 title 40, United States Code, . 129. Performance accountability management Section 159 ( 29 U.S.C. 2899 ) is amended— (1) in the section heading, by striking Management Information and inserting Performance Accountability and Management ; (2) in subsection (a)(3), by inserting before the period at the end the following: , or operating costs for such centers result in a budgetary shortfall ; (3) by striking subsections (c) through (g); and (4) by inserting after subsection (b) the following: (c) Indicators of Performance (1) Primary indicators The annual primary indicators of performance for Job Corps centers shall include— (A) the percentage and number of enrollees who graduate from the Job Corps center; (B) the percentage and number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps center, except that such calculation shall not include enrollment in education, the military or volunteer service; (C) the percentage and number of graduates who obtained a recognized postsecondary credential, including an industry-recognized credential or a registered apprenticeship; and (D) the cost per successful performance outcome, which is calculated by comparing the number of graduates who were placed in unsubsidized employment or obtained a recognized credential, including an industry-recognized credential, to total program costs, including all operations, construction, and administration costs at each Job Corp center. (2) Secondary indicators The annual secondary indicators of performance for Job Corps centers shall include— (A) the percentage and number of graduates who entered unsubsidized employment not related to the career and technical education and training received through the Job Corps center; (B) the percentage and number of graduates who entered into postsecondary education; (C) the percentage and number of graduates who entered into the military; (D) the average wage of graduates who are in unsubsidized employment— (i) on the first day of employment; and (ii) 6 months after the first day; (E) the number and percentage of graduates who entered unsubsidized employment and were retained in the unsubsidized employment— (i) 6 months after the first day of employment; and (ii) 12 months after the first day of employment; (F) the percentage and number of enrollees compared to the percentage and number of enrollees the Secretary has established targets in section 145(c)(1); (G) the cost per training slot, which is calculated by comparing the program’s maximum number of students that can be enrolled in a Job Corps center at any given time during the program year to the number of enrollees in the same program year; and (H) the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b). (3) Indicators of performance for recruiters The annual indicators of performance for recruiters shall include the measurements described in subparagraph (A) of paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2). (4) Indicators of performance of career transition service providers The annual indicators of performance of career transition service providers shall include the measurements described in subparagraphs (B) and (C) of paragraph (1) and subparagraphs, (B), (C), (D), and (E) of paragraph (2). (d) Additional information The Secretary shall collect, and submit in the report described in subsection (f), information on the performance of each Job Corps center, and the Job Corps program, regarding— (1) the number and percentage of former enrollees who obtained a regular secondary school diploma; (2) the number and percentage of former enrollees who entered unsubsidized employment; (3) the number and percentage of former enrollees who obtained a recognized postsecondary credential, including an industry-recognized credential; (4) the number and percentage of former enrollees who entered into military service; and (5) any additional information required by the Secretary. (e) Methods The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(i)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates. (f) Transparency and accountability (1) Report The Secretary shall collect and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education. Labor and Pensions of the Senate, as well as make available to the public by electronic means, a report containing— (A) information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (B) a comparison of each Job Corps center, by rank, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (C) a comparison of each Job Corps center, by rank, on the average performance of all primary indicators described in paragraph (1) of subsection (c); (D) information on the performance of the service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs; and (E) a comparison of each service provider, by rank, on the performance of all service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs. (2) Assessment The Secretary shall conduct an annual assessment of the performance of each Job Corps center which shall include information on the Job Corps centers that— (A) are ranked in the bottom 10 percent on the performance indicator described in paragraph (1)(C); or (B) have failed a safety and health code review described in subsection (g). (3) Performance improvement With respect to a Job Corps center that is identified under paragraph (2) or reports less than 50 percent on the performance indicators described in subparagraphs (A), (B), or (C) of subsection (c)(1), the Secretary shall develop and implement a 1 year performance improvement plan. Such a plan shall require action including— (A) providing technical assistance to the center; (B) changing the management staff of the center; (C) replacing the operator of the center; (D) reducing the capacity of the center; or (E) closing the center. (4) Closure of job corps centers Job Corps centers that have been identified under paragraph (2) for more than 4 consecutive years shall be closed. The Secretary shall ensure— (A) that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register and other appropriate means; and (B) the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary. (g) Participant health and safety The Secretary shall enter into an agreement with the General Services Administration or the appropriate State agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, to conduct an in-person review of the physical condition and health-related activities of each Job Corps center annually. Such review shall include a passing rate of occupancy under Federal and State ordinances. . D National Programs 130. Technical assistance Section 170 ( 29 U.S.C. 2915 ) is amended— (1) by striking subsection (b); (2) by striking: (a) General technical assistance ; (3) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c) respectively, and moving such subsections 2 ems to the left; (4) in subsection (a) (as so redesignated)— (A) by inserting the training of staff providing rapid response services, the training of other staff of recipients of funds under this title, assistance regarding accounting and program operation practices (when such assistance would not be duplicative to assistance provided by the State), technical assistance to States that do not meet State performance measures described in section 136, after localities, ; and (B) by striking from carrying out activities and all that follows up to the period and inserting to implement the amendments made by the SKILLS Act ; (5) in subsection (b) (as so redesignated)— (A) by striking paragraph (1) and inserting subsection (a) ; (B) by striking , or recipient of financial assistance under any of sections 166 through 169, ; and (C) by striking or grant recipient ; (6) in subsection (c) (as so redesignated), by striking paragraph (1) and inserting subsection (a) ; and (7) by inserting, after subsection (c) (as so redesignated), the following: (d) Best practices coordination The Secretary shall— (1) establish a system through which States may share information regarding best practices with regard to the operation of workforce investment activities under this Act; and (2) evaluate and disseminate information regarding best practices and identify knowledge gaps. . 131. Evaluations Section 172 ( 29 U.S.C. 2917 ) is amended— (1) in subsection (a), by striking the Secretary shall provide for the continuing evaluation of the programs and activities, including those programs and activities carried out under section 171 and inserting the Secretary, through grants, contracts, or cooperative agreements, shall conduct, at least once every 5 years, an independent evaluation of the programs and activities funded under this Act ; (2) in subsection (a)(4) is amended to read as follows: (4) the impact of receiving services and not receiving services under such programs and activities on the community, businesses, and individuals; ; (3) in subsection (c) is amended to read as follows: (c) Techniques Evaluations conducted under this section shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies, quasi-experimental methods, impact analysis and the use of administrative data. The Secretary shall conduct an impact analysis, as described in subsection (a)(4), of the formula grant program under subtitle B not later than 2015, and thereafter shall conduct such an analysis not less than once every four years. ; (4) in subsection (e) is amended by striking the Committee on Labor and Human Resources of the Senate and inserting the Committee on Health, Education, Labor, and Pensions of the Senate ; and (5) by adding at the end, the following: (g) Public availability The results of the evaluations conducted under this section shall be made publicly available, including by posting such results on the Department’s website. . E Administration 132. Requirements and restrictions Section 181 ( 29 U.S.C. 2931 ) is amended— (1) in subsection (b)(6), by striking , including representatives of businesses and of labor organizations ; (2) in subsection (c)(2)(A), in the matter preceding clause (i), by striking shall and inserting may ; (3) in subsection (e)— (A) by striking training for and inserting the entry into employment, retention in employment, or increases in earnings of ; and (B) by striking subtitle B and inserting this Act ; (4) in subsection (f)(4), by striking 134(a)(3)(B) and inserting 134(a)(6) ; and (5) by adding at the end the following: (g) Salary and bonus limitation No funds provided under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Level II of the Federal Executive Pay Schedule ( 5 U.S.C. 5313 ). This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the programs. (h) General authority (1) In general The Employment and Training Administration of the U.S. Department of Labor (hereinafter in this Act referred to as the Administration ) shall administer all programs authorized under title I and III of this Act. The Administration shall be headed by an Assistant Secretary appointed by the President by and with the advice and consent of the Senate. Except for titles II and IV, the Administration shall be the principal agency, and the Assistant Secretary shall be the principal officer, of such Department for carrying out this Act. (2) Qualifications The Assistant Secretary shall be an individual with substantial experience in workforce development and in workforce development management. The Assistant Secretary shall also, to the maximum extent possible, possess knowledge and have worked in or with the State or local workforce investment system or have been a member of the business community. In the performance of the functions of the office, the Assistant Secretary shall be directly responsible to the Secretary or the Under Secretary as designed by the Secretary. The functions of the Assistant Secretary shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Assistant Secretary. Any reference in this Act to duties to be carried out by the Assistant Secretary shall be considered to be a reference to duties to be carried out by the Secretary acting through the Assistant Secretary. . 133. Prompt allocation of funds Section 182 ( 29 U.S.C. 2932 ) is amended— (1) in subsection (c), by striking 127 or ; and (2) in subsection (e)— (A) by striking sections 128 and 133 and inserting section 133 ; and (B) by striking 127 or . 134. Fiscal controls; sanctions Section 184(a)(2) ( 29 U.S.C. 2934(a)(2) ) is amended— (1) by striking (A) and all that follows through Each and inserting Each ; and (2) by striking subparagraph (B). 135. Reports to Congress Section 185 ( 29 U.S.C. 2935 ) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and after the semicolon; (B) in paragraph (3), by striking the period and inserting ; and ; and (C) by adding at the end the following: (4) shall have the option to submit or disseminate electronically any reports, records, plans, or any other data that are required to be collected or disseminated under this title. ; and (2) in subsection (e)(2), by inserting and the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, after Secretary, . 136. Administrative provisions Section 189 ( 29 U.S.C. 2939 ) is amended— (1) in subsection (g)— (A) by amending paragraph (1) to read as follows: (1) In general Appropriations for any fiscal year for programs and activities carried out under this title shall be available for obligation only on the basis of a program year. The program year shall begin on October 1 in the fiscal year for which the appropriation is made. ; and (B) in paragraph (2)— (i) by striking each State and inserting each recipient ; and (ii) by striking 171 or ; (2) in subsection (i)— (A) by striking paragraphs (2) and (3); (B) by redesignating paragraph (4) as paragraph (2); (C) by amending paragraph (2)(A), as so redesignated— (i) by striking requirements of subparagraph (B) and all that follows through any of the statutory or regulatory requirements of subtitle B and inserting requirements of subparagraph (B) or (D), any of the statutory or regulatory requirements of subtitle B ; (ii) by striking clause (ii); and (iii) in clause (i), by striking ; and and inserting a period at the end; and (D) by adding at the end the following: (D) Expedited process for extending approved waivers to additional states In lieu of the requirements of subparagraphs (B) and (C), the Secretary may establish an expedited procedure for the purpose of extending to additional States the waiver of statutory or regulatory requirements that have been approved for a State pursuant to a request under subparagraph (B). Such procedure shall ensure that the extension of such waivers to additional States are accompanied by appropriate conditions relating the implementation of such waivers. (E) External Conditions The Secretary shall not require or impose new or additional requirements, which are not specified under this Act, on a State in exchange for providing a waiver to the State or a local area in the State under this paragraph. . 137. State legislative authority Section 191(a) ( 29 U.S.C. 2941(a) ) is amended— (1) by striking consistent with the provisions of this title and inserting consistent with State law and the provisions of this title ; and (2) by striking consistent with the terms and conditions required under this title and inserting consistent with State law and the terms and conditions required under this title . 138. General program requirements Section 195 ( 29 U.S.C. 2945 ) is amended— (1) in paragraph (7), by inserting at the end the following: (D) Funds received by a public or private nonprofit entity that are not described in paragraph (B), such as funds privately raised from philanthropic foundations, businesses, or other private entities, shall not be considered to be income under this title and shall not be subject to the requirements of this section. ; and (2) by adding at the end the following new paragraphs: (14) Funds provided under this title shall not be used to establish or operate stand-alone fee-for-service enterprises that compete with private sector employment agencies within the meaning of section 701(c) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(c) ), except that for purposes of this paragraph, such an enterprise does not include one-stop centers. (15) Any report required to be submitted to Congress, or to a Committee of Congress, under this title shall be submitted to both the chairmen and ranking minority members of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. . 139. Federal agency staff Subtitle E of title I ( 29 U.S.C. 2931 et seq. ) is amended by adding at the end the following new sections: 196. Federal agency staff The Director of the Office of Management and Budget shall— (1) not later than 60 days after the date of the enactment of the SKILLS Act— (A) identify the number of Federal government employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment; and (B) identify the number of full-time equivalent employees who work on or administer each of the programs authorized under this Act or repealed under section 401 of the SKILLS Act, as such programs were in effect on the day before such date of enactment, and that have been eliminated or consolidated on or after such date of enactment; (2) not later than 90 after such date of enactment, publish the information described in paragraph (1) on the Office of Management and Budget website; (3) not later than 1 year after such date of enactment— (A) reduce the workforce of the Federal Government by the number of full-time equivalent employees identified under paragraph (1)(B); and (B) submit to Congress a report on how the Director carried out the requirements of subparagraph (A). 197. Restrictions on lobbying and political activities (a) Lobbying restrictions (1) Publicity restrictions (A) In general Subject to subparagraph (B), no funds provided under this Act shall be used or proposed for use, for— (i) publicity or propaganda purposes; or (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body. (B) Exception Subparagraph (A) shall not apply to— (i) normal and recognized executive-legislative relationships; (ii) the preparation, distribution, or use of the materials described in subparagraph (A)(ii) in presentation to the Congress or any State or local legislature (except that this subparagraph does not apply with respect to such preparation, distribution, or use in presentation to the executive branch of any State or local government); or (iii) if such materials are designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government. (2) Salary payment restriction No funds provided under this Act shall be used, or proposed for use, to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulations, administrative action, or executive order proposed or pending before the Congress or any State government, or State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local, or tribal government in policymaking and administrative processes within the executive branch of that government. (b) Political restrictions (1) In general No funds received by a participant of a program or an activity under this Act shall be used for— (A) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; or (B) any activity to provide voters with transportation to the polls or similar assistance in connection with any such election. (2) Definition For the purposes of this subsection, the term participant includes any State, local area, or governmental, nonprofit, or for-profit entity receiving funds under this Act. (3) Restriction on voter registration activities No funds under this Act shall be used to conduct voter registration activities. . F State unified plan 140. State unified plan Section 501 ( 20 U.S.C. 9271 ) is amended— (1) by amending subsection (a) to read as follows: (a) General authority The Secretary shall receive and approve State unified plans developed and submitted under this section. ; (2) by amending subsection (b) to read as follows: (b) State unified plan (1) In general A State may develop and submit to the Secretary a State unified plan for 2 or more of the activities or programs set forth in paragraph (2). The State unified plan shall cover one or more of the activities set forth in subparagraphs (A) and (B) of paragraph (2) and may cover one or more of the activities set forth in subparagraphs (C) through (N) of paragraph (2). For purposes of this paragraph, the activities and programs described in subparagraphs (A) and (B) of paragraph (2) shall not be considered to be 2 or more activities or programs for purposes of the unified plan. Such activities or programs shall be considered to be 1 activity or program. (2) Activities and programs The activities and programs referred to in paragraph (1) are as follows: (A) Programs and activities authorized under title I. (B) Programs and activities authorized under title II. (C) Programs authorized under the Rehabilitation Act of 1973. (D) Secondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act. (E) Postsecondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act. (F) Programs and activities authorized under title II of the Trade Act of 1974. (G) National Apprenticeship Act of 1937. (H) Programs authorized under the Community Services Block Grant Act. (I) Programs authorized under the part A of title IV of the Social Security Act. (J) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law). (K) Work programs authorized under section 6(o) of the Food Stamp Act of 1977. (L) Programs and activities authorized title I of the Housing and Community Development Act of 1974. (M) Programs and activities authorized under the Public Workers and Economic Development Act of 1965. (N) Activities as defined under chapter 41 of title 38, United States Code. ; (3) by amending subsection (d) to read as follows: (d) Approval (1) Jurisdiction In approving a State unified plan under this section, the Secretary shall— (A) submit the portion of the State unified plan covering an activity or program described in subsection (b)(2) to the head of the Federal agency who exercises administrative authority over the activity or program for the approval of such portion by such Federal agency head; or (B) coordinate approval of the portion of the State unified plan covering an activity or program described in subsection (b)(2) with the head of the Federal agency who exercises administrative authority over the activity or program. (2) Timeline A State unified plan shall be considered to be approved by the Secretary at the end of the 90-day period beginning on the day the Secretary receives the plan, unless the Secretary makes a written determination, during the 90-day period, that details how the plan is not consistent with the requirements of the Federal statute authorizing an activity or program described in subsection (b)(2) and covered under the plan or how the plan is not consistent with the requirements of subsection (c)(3). ; and (4) by adding at the end the following: (e) Additional employment and training funds (1) Purpose It is the purpose of this subsection to reduce inefficiencies in the administration of federally-funded State and local employment and training programs. (2) In general In developing a State unified plan for the activities or programs described in subsection (b)(2) and subject to paragraph (4) and the State plan approval process under subsection (d), a State may propose to consolidate the amount, in whole or part, provided for the activities or programs dedicated to employment and training into the Workforce Investment Fund under section 132(b) to improve the administration of State and local employment and training programs. (3) Requirements A State with a State unified plan approved under subsection (d) for purposes of consolidation under paragraph (2) and that is carrying out such consolidation shall— (A) continue to meet the program requirements, limitations, and prohibitions of any Federal statute authorizing the activity or program consolidated into the Workforce Investment Fund; (B) meet the intent and purpose of the activity or program consolidated into the Workforce Investment Fund; and (C) continue to make reservations and allotments under subsections (a) and (b) of section 133. (4) Exceptions A State may not consolidate funds under paragraph (2) that are allocated to the State under— (A) the Carl D. Perkins Career and Technical Education Act of 2006; or (B) the Rehabilitation Act of 1973. . II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Amendment Title II ( 20 U.S.C. 2901 et seq. ) is amended to read as follows: II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Short title This title may be cited as the Adult Education and Family Literacy Education Act . 202. Purpose It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and math skills, and support States and local communities in providing, on a voluntary basis, adult education and family literacy education programs, in order to— (1) increase the literacy of adults, including the basic reading, writing, speaking, and math skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce; (2) assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution; (3) assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children’s education including, through instruction in basic reading, writing, speaking, and math skills; and (4) assist adults who are not proficient in English in improving their reading, writing, speaking, listening, comprehension, and math skills. 203. Definitions In this title: (1) Adult education and family literacy education programs The term adult education and family literacy education programs means a sequence of academic instruction and educational services below the postsecondary level that increase an individual’s ability to read, write, and speak English and perform mathematical computations leading to a level of proficiency equivalent to at least a secondary school completion that is provided for individuals— (A) who are at least 16 years of age; (B) who are not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) lack sufficient mastery of basic reading, writing, speaking, and math skills to enable the individuals to function effectively in society; (ii) do not have a secondary school diploma or its equivalent and have not achieved an equivalent level of education; or (iii) are English learners. (2) Eligible agency The term eligible agency — (A) means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and (B) may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges. (3) Eligible provider The term eligible provider means an organization of demonstrated effectiveness which is— (A) a local educational agency; (B) a community-based or faith-based organization; (C) a volunteer literacy organization; (D) an institution of higher education; (E) a public or private educational agency; (F) a library; (G) a public housing authority; (H) an institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or (I) a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H). (4) English language acquisition program The term English language acquisition program means a program of instruction— (A) designed to help English learners achieve competence in reading, writing, speaking, and comprehension of the English language; and (B) that may lead to— (i) attainment of a secondary school diploma or its recognized equivalent; (ii) transition to success in postsecondary education and training; and (iii) employment or career advancement. (5) Family literacy education program The term family literacy education program means an educational program that— (A) assists parents and students, on a voluntary basis, in achieving the purposes of this title as described in section 202; and (B) is of sufficient intensity in terms of hours and of sufficient quality to make sustainable changes in a family, is evidence-based, and, for the purpose of substantially increasing the ability of parents and children to read, write, and speak English, integrates— (i) interactive literacy activities between parents and their children; (ii) training for parents regarding how to be the primary teacher for their children and full partners in the education of their children; (iii) parent literacy training that leads to economic self-sufficiency; and (iv) an age-appropriate education to prepare children for success in school and life experiences. (6) Governor The term Governor means the chief executive officer of a State or outlying area. (7) Individual with a disability (A) In general The term individual with a disability means an individual with any disability (as defined in section 3 of the Americans with Disabilities Act of 1990). (B) Individuals with disabilities The term individuals with disabilities means more than one individual with a disability. (8) English learner The term English learner means an adult or out-of-school youth who has limited ability in reading, writing, speaking, or understanding the English language, and— (A) whose native language is a language other than English; or (B) who lives in a family or community environment where a language other than English is the dominant language. (9) Integrated Education and Training The term integrated education and training means services that provide adult education and literacy activities contextually and concurrently with workforce preparation activities and workforce training for a specific occupation or occupational cluster. Such services may include offering adult education services concurrent with postsecondary education and training, including through co-instruction. (10) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965. (11) Literacy The term literacy means an individual’s ability to read, write, and speak in English, compute, and solve problems at a level of proficiency necessary to obtain employment and to successfully make the transition to postsecondary education. (12) Local educational agency The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (13) Outlying area The term outlying area has the meaning given the term in section 101 of this Act. (14) Postsecondary educational institution The term postsecondary educational institution means— (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree; (B) a tribally controlled community college; or (C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. (15) Secretary The term Secretary means the Secretary of Education. (16) State The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (17) State educational agency The term State educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (18) Workplace literacy program The term workplace literacy program means an educational program that is offered in collaboration between eligible providers and employers or employee organizations for the purpose of improving the productivity of the workforce through the improvement of reading, writing, speaking, and math skills. 204. Home schools Nothing in this title shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, or to compel a parent engaged in home schooling to participate in adult education and family literacy education activities under this title. 205. Authorization of appropriations There are authorized to be appropriated to carry out this title, $606,294,933 for fiscal years 2014 and for each of the 6 succeeding fiscal years. A Federal Provisions 211. Reservation of funds; grants to eligible agencies; allotments (a) Reservation of funds From the sums appropriated under section 205 for a fiscal year, the Secretary shall reserve 2.0 percent to carry out section 242. (b) Grants to eligible agencies (1) In general From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g). (2) Purpose of grants The Secretary may award a grant under paragraph (1) only if the eligible agency involved agrees to expend the grant in accordance with the provisions of this title. (c) Allotments (1) Initial allotments From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224— (A) $100,000, in the case of an eligible agency serving an outlying area; and (B) $250,000, in the case of any other eligible agency. (2) Additional allotments From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas. (d) Qualifying adult For the purpose of subsection (c)(2), the term qualifying adult means an adult who— (1) is at least 16 years of age; (2) is beyond the age of compulsory school attendance under the law of the State or outlying area; (3) does not have a secondary school diploma or its recognized equivalent; and (4) is not enrolled in secondary school. (e) Special rule (1) In general From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary. (2) Termination of eligibility Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective. (f) Hold-Harmless provisions (1) In general Notwithstanding subsection (c) and subject to paragraph (2), for— (A) fiscal year 2014, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for fiscal year 2012 under this title; and (B) fiscal year 2015 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title. (2) Ratable reduction If, for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratable reduce the payments to all eligible agencies, as necessary. (g) Reallotment The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year. 212. Performance accountability system Programs and activities authorized under this title are subject to the performance accountability provisions described in paragraph (2)(A) and (3) of section 136(b) and may, at a State’s discretion, include additional indicators identified in the State plan approved under section 224. B State Provisions 221. State administration Each eligible agency shall be responsible for the following activities under this title: (1) The development, submission, implementation, and monitoring of the State plan. (2) Consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title. (3) Coordination and avoidance of duplication with other Federal and State education, training, corrections, public housing, and social service programs. 222. State distribution of funds; matching requirement (a) State distribution of funds Each eligible agency receiving a grant under this title for a fiscal year— (1) shall use an amount not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 10 percent of such amount shall be available to carry out section 225; (2) shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and (3) shall use not more than 5 percent of the grant funds, or $65,000, whichever is greater, for the administrative expenses of the eligible agency. (b) Matching requirement (1) In general In order to receive a grant from the Secretary under section 211(b), each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and family literacy education programs for which the grant is awarded, a non-Federal contribution in an amount that is not less than— (A) in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and family literacy education programs in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and (B) in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and family literacy education programs in the State. (2) Non-federal contribution An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and family literacy education programs in a manner that is consistent with the purpose of this title. 223. State leadership activities (a) In general Each eligible agency may use funds made available under section 222(a)(2) for any of the following adult education and family literacy education programs: (1) The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b). (2) The provision of technical assistance to eligible providers of adult education and family literacy education programs, including for the development and dissemination of evidence based research instructional practices in reading, writing, speaking, math, and English language acquisition programs. (3) The provision of assistance to eligible providers in developing, implementing, and reporting measurable progress in achieving the objectives of this title. (4) The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities. (5) The provision of technology assistance, including staff training, to eligible providers of adult education and family literacy education programs, including distance education activities, to enable the eligible providers to improve the quality of such activities. (6) The development and implementation of technology applications or distance education, including professional development to support the use of instructional technology. (7) Coordination with other public programs, including programs under title I of this Act, and other welfare-to-work, workforce development, and job training programs. (8) Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and family literacy education programs, for adults enrolled in such activities. (9) The development and implementation of a system to assist in the transition from adult basic education to postsecondary education. (10) Activities to promote workplace literacy programs. (11) Other activities of statewide significance, including assisting eligible providers in achieving progress in improving the skill levels of adults who participate in programs under this title. (12) Integration of literacy, instructional, and occupational skill training and promotion of linkages with employees. (b) Coordination In carrying out this section, eligible agencies shall coordinate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a). (c) State-Imposed requirements Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area. 224. State plan (a) 3-Year plans (1) In general Each eligible agency desiring a grant under this title for any fiscal year shall submit to, or have on file with, the Secretary a 3-year State plan. (2) State unified plan The eligible agency may submit the State plan as part of a State unified plan described in section 501. (b) Plan contents The eligible agency shall include in the State plan or any revisions to the State plan— (1) an objective assessment of the needs of individuals in the State or outlying area for adult education and family literacy education programs, including individuals most in need or hardest to serve; (2) a description of the adult education and family literacy education programs that will be carried out with funds received under this title; (3) an assurance that the funds received under this title will not be expended for any purpose other than for activities under this title; (4) a description of how the eligible agency will annually evaluate and measure the effectiveness and improvement of the adult education and family literacy education programs funded under this title using the indicators of performance described in section 136, including how the eligible agency will conduct such annual evaluations and measures for each grant received under this title; (5) a description of how the eligible agency will fund local activities in accordance with the measurable goals described in section 231(d); (6) an assurance that the eligible agency will expend the funds under this title only in a manner consistent with fiscal requirements in section 241; (7) a description of the process that will be used for public participation and comment with respect to the State plan, which— (A) shall include consultation with the State workforce investment board, the State board responsible for administering community or technical colleges, the Governor, the State educational agency, the State board or agency responsible for administering block grants for temporary assistance to needy families under title IV of the Social Security Act, the State council on disabilities, the State vocational rehabilitation agency, and other State agencies that promote the improvement of adult education and family literacy education programs, and direct providers of such programs; and (B) may include consultation with the State agency on higher education, institutions responsible for professional development of adult education and family literacy education programs instructors, representatives of business and industry, refugee assistance programs, and faith-based organizations; (8) a description of the eligible agency’s strategies for serving populations that include, at a minimum— (A) low-income individuals; (B) individuals with disabilities; (C) the unemployed; (D) the underemployed; and (E) individuals with multiple barriers to educational enhancement, including English learners; (9) a description of how the adult education and family literacy education programs that will be carried out with any funds received under this title will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency; (10) a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 231(c)(1), including— (A) how the State will build the capacity of community-based and faith-based organizations to provide adult education and family literacy education programs; and (B) how the State will increase the participation of business and industry in adult education and family literacy education programs; (11) an assessment of the adequacy of the system of the State or outlying area to ensure teacher quality and a description of how the State or outlying area will use funds received under this subtitle to improve teacher quality, including evidence-based professional development to improve instruction; and (12) a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs. (c) Plan revisions When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions of the State plan to the Secretary. (d) Consultation The eligible agency shall— (1) submit the State plan, and any revisions to the State plan, to the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, or outlying area for review and comment; and (2) ensure that any comments regarding the State plan by the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, and any revision to the State plan, are submitted to the Secretary. (e) Plan approval The Secretary shall— (1) approve a State plan within 90 days after receiving the plan unless the Secretary makes a written determination within 30 days after receiving the plan that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and (2) not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (3), to review the plan and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle. 225. Programs for corrections education and other institutionalized individuals (a) Program authorized From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals. (b) Uses of funds The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for— (1) basic skills education; (2) special education programs as determined by the eligible agency; (3) reading, writing, speaking, and math programs; (4) secondary school credit or diploma programs or their recognized equivalent; and (5) integrated education and training. (c) Priority Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program. (d) Definitions For purposes of this section: (1) Correctional institution The term correctional institution means any— (A) prison; (B) jail; (C) reformatory; (D) work farm; (E) detention center; or (F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Criminal offender The term criminal offender means any individual who is charged with, or convicted of, any criminal offense. C Local Provisions 231. Grants and contracts for eligible providers (a) Grants and contracts From grant funds made available under section 222(a)(1), each eligible agency shall award multi-year grants or contracts, on a competitive basis, to eligible providers within the State or outlying area that meet the conditions and requirements of this title to enable the eligible providers to develop, implement, and improve adult education and family literacy education programs within the State. (b) Local activities The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to establish or operate— (1) programs that provide adult education and literacy activities; (2) programs that provide integrated employment and training activities; or (3) credit-bearing postsecondary coursework. (c) Direct and equitable access; same process Each eligible agency receiving funds under this title shall ensure that— (1) all eligible providers have direct and equitable access to apply for grants or contracts under this section; and (2) the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area. (d) Measurable goals The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to demonstrate— (1) the eligible provider’s measurable goals for participant outcomes to be achieved annually on the core indicators of performance described in section 136(b)(2)(A); (2) the past effectiveness of the eligible provider in improving the basic academic skills of adults and, for eligible providers receiving grants in the prior year, the success of the eligible provider receiving funding under this title in exceeding its performance goals in the prior year; (3) the commitment of the eligible provider to serve individuals in the community who are the most in need of basic academic skills instruction services, including individuals with disabilities and individuals who are low-income or have minimal reading, writing, speaking, and math skills, or are English learners; (4) the program is of sufficient intensity and quality for participants to achieve substantial learning gains; (5) educational practices are evidence-based; (6) the activities of the eligible provider effectively employ advances in technology, and delivery systems including distance education; (7) the activities provide instruction in real-life contexts, including integrated education and training when appropriate, to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship; (8) the activities are staffed by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the State; (9) the activities are coordinated with other available resources in the community, such as through strong links with elementary schools and secondary schools, postsecondary educational institutions, local workforce investment boards, one-stop centers, job training programs, community-based and faith-based organizations, and social service agencies; (10) the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs; (11) the activities include a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and to monitor program performance; (12) the local communities have a demonstrated need for additional English language acquisition programs, and integrated education and training programs; (13) the capacity of the eligible provider to produce valid information on performance results, including enrollments and measurable participant outcomes; (14) adult education and family literacy education programs offer rigorous reading, writing, speaking, and math content that are evidence based; and (15) applications of technology, and services to be provided by the eligible providers, are of sufficient intensity and duration to increase the amount and quality of learning and lead to measurable learning gains within specified time periods. (e) Special rule Eligible providers may use grant funds under this title to serve children participating in family literacy programs assisted under this part, provided that other sources of funds available to provide similar services for such children are used first. 232. Local application Each eligible provider desiring a grant or contract under this title shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including— (1) a description of how funds awarded under this title will be spent consistent with the requirements of this title; (2) a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and family literacy education programs; and (3) each of the demonstrations required by section 231(d). 233. Local administrative cost limits (a) In general Subject to subsection (b), of the amount that is made available under this title to an eligible provider— (1) at least 95 percent shall be expended for carrying out adult education and family literacy education programs; and (2) the remaining amount shall be used for planning, administration, personnel and professional development, development of measurable goals in reading, writing, speaking, and math, and interagency coordination. (b) Special rule In cases where the cost limits described in subsection (a) are too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the eligible provider may negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes. D General Provisions 241. Administrative provisions Funds made available for adult education and family literacy education programs under this title shall supplement and not supplant other State or local public funds expended for adult education and family literacy education programs. 242. National activities The Secretary shall establish and carry out a program of national activities that may include the following: (1) Providing technical assistance to eligible entities, on request, to— (A) improve their fiscal management, research-based instruction, and reporting requirements to carry out the requirements of this title; (B) improve its performance on the core indicators of performance described in section 136; (C) provide adult education professional development; and (D) use distance education and improve the application of technology in the classroom, including instruction in English language acquisition for English learners. (2) Providing for the conduct of research on national literacy basic skill acquisition levels among adults, including the number of adult English learners functioning at different levels of reading proficiency. (3) Improving the coordination, efficiency, and effectiveness of adult education and workforce development services at the national, State, and local levels. (4) Determining how participation in adult education, English language acquisition, and family literacy education programs prepares individuals for entry into and success in postsecondary education and employment, and in the case of prison-based services, the effect on recidivism. (5) Evaluating how different types of providers, including community and faith-based organizations or private for-profit agencies measurably improve the skills of participants in adult education, English language acquisition, and family literacy education programs. (6) Identifying model integrated basic and workplace skills education programs, including programs for English learners coordinated literacy and employment services, and effective strategies for serving adults with disabilities. (7) Initiating other activities designed to improve the measurable quality and effectiveness of adult education, English language acquisition, and family literacy education programs nationwide. . III AMENDMENTS TO THE WAGNER-PEYSER ACT 301. Amendments to the Wagner-Peyser Act The Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) is amended by amending section 15 to read as follows: 15. Workforce and labor market information system (a) System content (1) In general The Secretary of Labor, in accordance with the provisions of this section, shall oversee the development, maintenance, and continuous improvement of a nationwide workforce and labor market information system that includes— (A) statistical data from cooperative statistical survey and projection programs and data from administrative reporting systems that, taken together, enumerate, estimate, and project employment opportunities and conditions at national, State, and local levels in a timely manner, including statistics on— (i) employment and unemployment status of national, State, and local populations, including self-employed, part-time, and seasonal workers; (ii) industrial distribution of occupations, as well as current and projected employment opportunities, wages, benefits (where data is available), and skill trends by occupation and industry, with particular attention paid to State and local conditions; (iii) the incidence of, industrial and geographical location of, and number of workers displaced by, permanent layoffs and plant closings; and (iv) employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation; (B) information on State and local employment opportunities, and other appropriate statistical data related to labor market dynamics, which— (i) shall be current and comprehensive; (ii) shall meet the needs identified through the consultations described in subparagraphs (A) and (B) of subsection (e)(2); and (iii) shall meet the needs for the information identified in section 121; (C) technical standards (which the Secretary shall publish annually) for data and information described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of chapter 35 of title 44, United States Code; (D) procedures to ensure compatibility and additivity of the data and information described in subparagraphs (A) and (B) from national, State, and local levels; (E) procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph (A) of employment-related programs; (F) analysis of data and information described in subparagraphs (A) and (B) for uses such as— (i) national, State, and local policymaking; (ii) implementation of Federal policies (including allocation formulas); (iii) program planning and evaluation; and (iv) researching labor market dynamics; (G) wide dissemination of such data, information, and analysis in a user-friendly manner and voluntary technical standards for dissemination mechanisms; and (H) programs of— (i) training for effective data dissemination; (ii) research and demonstration; and (iii) programs and technical assistance. (2) Information to be confidential (A) In general No officer or employee of the Federal Government or agent of the Federal Government may— (i) use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes for which the submission is furnished; (ii) disclose to the public any publication or media transmittal of the data contained in the submission described in clause (i) that permits information concerning an individual subject to be reasonably inferred by either direct or indirect means; or (iii) permit anyone other than a sworn officer, employee, or agent of any Federal department or agency, or a contractor (including an employee of a contractor) of such department or agency, to examine an individual submission described in clause (i), without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission. (B) Immunity from legal process Any submission (including any data derived from the submission) that is collected and retained by a Federal department or agency, or an officer, employee, agent, or contractor of such a department or agency, for exclusively statistical purposes under this section shall be immune from the legal process and shall not, without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. (C) Rule of construction Nothing in this section shall be construed to provide immunity from the legal process for such submission (including any data derived from the submission) if the submission is in the possession of any person, agency, or entity other than the Federal Government or an officer, employee, agent, or contractor of the Federal Government, or if the submission is independently collected, retained, or produced for purposes other than the purposes of this Act. (b) System responsibilities (1) In general The workforce and labor market information system described in subsection (a) shall be planned, administered, overseen, and evaluated through a cooperative governance structure involving the Federal Government and States. (2) Duties The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties: (A) Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that all statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions. (B) Actively seek the cooperation of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities. (C) Eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority. (D) In collaboration with the Bureau of Labor Statistics and States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1). (E) Establish procedures for the system to ensure that— (i) such data and information are timely; (ii) paperwork and reporting for the system are reduced to a minimum; and (iii) States and localities are fully involved in the development and continuous improvement of the system at all levels. (c) National electronic tools To provide services The Secretary is authorized to assist in the development of national electronic tools that may be used to facilitate the delivery of work ready services described in section 134(c)(2) and to provide workforce information to individuals through the one-stop delivery systems described in section 121 and through other appropriate delivery systems. (d) Coordination with the states (1) In general The Secretary, working through the Bureau of Labor Statistics and the Employment and Training Administration, shall regularly consult with representatives of State agencies carrying out workforce information activities regarding strategies for improving the workforce and labor market information system. (2) Formal consultations At least twice each year, the Secretary, working through the Bureau of Labor Statistics, shall conduct formal consultations regarding programs carried out by the Bureau of Labor Statistics with representatives of each of the Federal regions of the Bureau of Labor Statistics, elected (pursuant to a process established by the Secretary) from the State directors affiliated with State agencies that perform the duties described in subsection (e)(2). (e) State responsibilities (1) In general In order to receive Federal financial assistance under this section, the Governor of a State shall— (A) be responsible for the management of the portions of the workforce and labor market information system described in subsection (a) that comprise a statewide workforce and labor market information system and for the State’s participation in the development of the annual plan; (B) establish a process for the oversight of such system; (C) consult with State and local employers, participants, and local workforce investment boards about the labor market relevance of the data to be collected and disseminated through the statewide workforce and labor market information system; (D) consult with State educational agencies and local educational agencies concerning the provision of employment statistics in order to meet the needs of secondary school and postsecondary school students who seek such information; (E) collect and disseminate for the system, on behalf of the State and localities in the State, the information and data described in subparagraphs (A) and (B) of subsection (a)(1); (F) maintain and continuously improve the statewide workforce and labor market information system in accordance with this section; (G) perform contract and grant responsibilities for data collection, analysis, and dissemination for such system; (H) conduct such other data collection, analysis, and dissemination activities as will ensure an effective statewide workforce and labor market information system; (I) actively seek the participation of other State and local agencies in data collection, analysis, and dissemination activities in order to ensure complementarity, compatibility, and usefulness of data; (J) participate in the development of the annual plan described in subsection (c); and (K) utilize the quarterly records described in section 136(f)(2) to assist the State and other States in measuring State progress on State performance measures. (2) Rule of construction Nothing in this section shall be construed as limiting the ability of a Governor to conduct additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this section. (f) Nonduplication requirement None of the functions and activities carried out pursuant to this section shall duplicate the functions and activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $63,473,000 for fiscal year 2014 and each of the 6 succeeding fiscal years. (h) Definition In this section, the term local area means the smallest geographical area for which data can be produced with statistical reliability. . IV REPEALS AND CONFORMING AMENDMENTS 401. Repeals The following provisions are repealed: (1) Chapter 4 of subtitle B of title I, and sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503, and 506 of the Workforce Investment Act of 1998. (2) Title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ). (3) Sections 1 through 14 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ). (4) Twenty-First Century Workforce Commission Act ( 29 U.S.C. 2701 note). (5) Youth Conservation Corps Act of 1970 ( 16 U.S.C. 1701 et seq. ). (6) Section 821 of the Higher Education Amendments of 1998 ( 20 U.S.C. 1151 ) (Grants to States for workplace and community transition training for incarcerated individuals). (7) The Women in Apprenticeship and Nontraditional Occupations Act ( 29 U.S.C. 2501 et seq. ). (8) Sections 4103A and 4104 of title 38, United States Code. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 Section 104(k)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604 ) is amended by striking , training, . 403. Amendments to the Food and Nutrition Act of 2008 (a) Definition Section 3(t) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(t) ) is amended— (1) by striking and (2) and inserting (2) , and (2) by inserting before the period at the end the following: , and (3) when referencing employment and training activities under section 6(d)(4), a State board as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 ) . (b) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in subsection (d)(14) by striking section 6(d)(4)(I) and inserting section 6(d)(4)(C) , and (2) in subsection (g)(3) by striking constitutes adequate participation in an employment and training program under section 6(d) and inserting allows the individual to participate in employment and training activities under section 6(d)(4) . (c) Eligibility disqualifications Section 6(d)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4) ) is amended to read as follows: (4) Employment and training (A) Implementation Each State agency shall provide employment and training services authorized under section 134 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864 ) to eligible members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment. (B) Statewide workforce development system Consistent with subparagraph (A), employment and training services shall be provided through the statewide workforce development system, including the One-Stop delivery system, authorized by the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). (C) Reimbursements (i) Actual costs The State agency shall provide payments or reimbursement to participants served under this paragraph for— (I) the actual costs of transportation and other actual costs (other than dependent care costs) that are reasonably necessary and directly related to the individual participating in employment and training activities; and (II) the actual costs of such dependent care expenses that are determined by the State agency to be necessary for the individual to participate in employment and training activities (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) in a local area where an employment, training, or education program under title IV of such Act is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate. (ii) Service contracts and vouchers In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at its option, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household. (iii) Value of reimbursements The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall— (I) not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and (II) not be claimed as an employment-related expense for the purposes of the credit provided under section 21 of the Internal Revenue Code of 1986 ( 26 U.S.C. 21 ). . (d) Administration Section 11(e)(19) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(11) is amended to read as follows: (19) the plans of the State agency for providing employment and training services under section 6(d)(4); . (e) Administrative cost-Sharing and quality control Section 16(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 ) is amended— (1) in paragraph (1)— (A) in subparagraph (A) by striking carry out employment and training programs and inserting provide employment and training services to eligible households under section 6(d)(4) , and (B) in subparagraph (D) by striking operating an employment and training program and inserting providing employment and training services consistent with section 6(d)(4) , (2) in paragraph (3) by striking related to participation in an employment and training program and inserting the individual participating in employment and training activities , (3) in paragraph (4) by striking for operating an employment and training program and inserting to provide employment and training services , and (4) by amending paragraph (5) to read as follows: (5) Monitoring The Secretary, in conjunction with the Secretary of Labor, shall monitor each State agency responsible for administering employment and training services under section 6(d)(4) to ensure funds are being spent effectively and efficiently. Each program of employment and training receiving funds under section 6(d)(4) shall be subject to the requirements of the performance accountability system, including having to meet the state performance measures included in section 136 of the Workforce Investment Act ( 29 U.S.C. 2871 ). . (f) Research, demonstration, and evaluations Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ) is amended— (1) in subsection (b) by striking paragraph (3), and (2) in subsection (g)— (A) by inserting , in conjunction with the Secretary of Labor, after Secretary , and (B) by striking programs established and inserting activities provided to eligible households . (g) Minnesota family investment project Section 22(b)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2031(b)(4) ) is amended by striking equivalent to those offered under the employment and training program . 404. Amendments to section 412 of the Immigration and Nationality Act (a) Conditions and considerations Section 412(a) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by striking make available sufficient resources for employment training and placement and inserting provide refugees with the opportunity to access employment and training services, including job placement, ; and (B) in subparagraph (B)(ii), by striking services; and inserting services provided through the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ); ; (2) in paragraph (2)(C)(iii)(II), by inserting and training after employment ; (3) in paragraph (6)(A)(ii)— (A) by striking insure and inserting ensure ; (B) by inserting and training after employment ; and (C) by inserting after available the following: through the one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 ) ; and (4) in paragraph (9), by inserting the Secretary of Labor, after Education, . (b) Program of initial resettlement Section 412(b)(2) of such Act ( 8 U.S.C. 1522(b)(2) ) is amended— (1) by striking orientation, instruction and inserting orientation and instruction ; and (2) by striking , and job training for refugees, and such other education and training of refugees, as facilitates and inserting for refugees to facilitate . (c) Project grants and contracts for services for refugees Section 412(c) of such Act ( 8 U.S.C. 1522(c) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by inserting and training after employment ; and (B) by striking subparagraph (C); (2) in paragraph (2)(B), by striking paragraph— through in a manner and inserting paragraph in a manner ; and (3) by adding at the end the following: (3) In carrying out this section, the Director shall ensure that employment and training services are provided through the statewide workforce development system, as appropriate, authorized by the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). Such action may include— (A) making employment and training services as described under section 134 of such Act ( 29 U.S.C. 2864 ) available to refugees; and (B) providing refugees with access to a one-stop delivery system under section 121 of such Act ( 29 U.S.C. 2841 ). . (d) Cash assistance and medical assistance to refugees Section 412(e) of such Act ( 8 U.S.C. 1522(e) ) is amended— (1) in paragraph (2)(A)(i), by inserting and training after providing employment ; and (2) in paragraph (3), by striking The and inserting Consistent with subsection (c)(3), the . 405. Amendments relating to the Second Chance Act of 2007 (a) Federal Prisoner Reentry Initiative Section 231 of the Second Chance Act of 2007 ( 42 U.S.C. 17541 ) is amended— (1) in subsection (a)(1)(E)— (A) by inserting the Department of Labor and before other Federal agencies ; and (B) by inserting State and local workforce investment boards, after community-based organizations, ; (2) in subsection (c)— (A) in paragraph (2), by striking at the end and ; (B) in paragraph (3), by striking at the end the period and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) to coordinate reentry programs with the employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ). ; and (3) in subsection (d), by adding at the end the following new paragraph: (6) Interaction with the workforce investment system (A) In general In carrying out this section, the Director shall ensure that employment and training services, including such employment and services offered through reentry programs, are provided, as appropriate, through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ). Such action may include— (i) making employment and training services available to prisoners prior to and immediately following the release of such prisoners; or (ii) providing prisoners with access by remote means to a one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 ) in the State in which the prison involved is located. (B) Service defined In this paragraph, the term employment and training services means those services described in section 134 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864 ) offered by the Bureau of Prisons, including— (i) the skills assessment described in subsection (a)(1)(A); (ii) the skills development plan described in subsection (a)(1)(B); and (iii) the enhancement, development, and implementation of reentry and skills development programs. . (b) Duties of the Bureau of Prisons Section 4042(a)(5)(E) of title 18, United States Code, is amended— (1) in clause (ii), by striking Employment and inserting Employment and training services (as defined in paragraph (6) of section 231(d) of the Second Chance Act of 2007), including basic skills attainment, consistent with such paragraph ; (2) by striking clause (iii); and (3) by redesignating clauses (iv), (v), (vi), and (vii) as clauses (iii), (iv), (v), and (vi), respectively. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968 Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking vocational and inserting career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) and training ; (B) by redesignating each of paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (4) coordinating employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ), including a one-stop delivery system under section 121 of such Act ( 29 U.S.C. 2841 ), for offenders upon release from prison, jail, or a juvenile facility, as appropriate; ; (2) in subsection (d)(2), by inserting , including local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832 ), after nonprofit organizations ; (3) in subsection (e)— (A) in paragraph (3), by striking victim services, and employment services and inserting and victim services ; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (4) provides employment and training services through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ), including a one-stop delivery system under section 121 of such Act ( 29 U.S.C. 2841 ); and ; (4) in subsection (k)— (A) in paragraph (1)(A), by inserting , in accordance with paragraph (2) after under this section ; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following new paragraph: (2) Employment and training The Attorney General shall require each grantee under this section to measure the core indicators of performance as described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(b)(2)(A) ) with respect to the program of such grantee funded with a grant under this section. . 407. Conforming amendments to the United States Code Title 38, United States Code, is amended— (1) by striking the item relating to section 4103A and section 4104 in the table of sections at the beginning of chapter 41 of such title; (2) in section 4102A— (A) in subsection (b)— (i) by striking paragraphs (5), (6), and (7); (ii) by redesignating paragraph (8) as paragraph (5); (B) by striking subsections (c) and (h); (C) by redesignating subsection (d), (e), (f), and (g) as subsection (c), (d), (e), and (f); (D) in subsection (e)(1) (as so redesignated)— (i) by striking , including disabled veterans’ outreach program specialists and local veterans' employment representatives providing employment, training, and placement services under this chapter in a State ; and (ii) by striking for purposes of subsection (c) . (3) in section 4109(a), by striking disabled veterans’ outreach program specialists and local veterans’ employment representative and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; (4) in section 4109(d)(1), by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; (5) in section 4112(d)— (A) in paragraph (1), by striking disabled veterans’ outreach program specialist and inserting veteran employment specialist appointed under section 134(f) of the Workforce Investment Act of 1998 ; and (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (6) in section 3672(d)(1), by striking disabled veterans’ outreach program specialists under section 4103A and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; and (7) in section 4104A— (A) in subsection (b)(1), by striking subparagraph (A) and inserting the following: (A) the appropriate veteran employment specialist (in carrying out the functions described in section 134(f) of the Workforce Investment Act of 1998); ; and (B) in subsection (c)(1), by striking subparagraph (A) and inserting the following: (A) collaborate with the appropriate veteran employment specialist (as described in section 134(f)) and the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )); . 408. Conforming amendment to table of contents The table of contents in section 1(b) is amended to read as follows: Sec. 1. Short title; table of contents. TITLE I—WORKFORCE INVESTMENT SYSTEMS Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 106. Purpose. Chapter 1—State Provisions Sec. 111. State workforce investment boards. Sec. 112. State plan. Chapter 2—Local Provisions Sec. 116. Local workforce investment areas. Sec. 117. Local workforce investment boards. Sec. 118. Local plan. Chapter 3—Workforce Investment Activities Providers Sec. 121. Establishment of one-stop delivery systems. Sec. 122. Identification of eligible providers of training services. Sec. 123. [Repealed]. Chapter 4—[Repealed] Chapter 5—Employment and Training Activities Sec. 131. General authorization. Sec. 132. State allotments. Sec. 133. Within State allocations. Sec. 134. Use of funds for employment and training activities. Chapter 6—General Provisions Sec. 136. Performance accountability system. Sec. 137. Authorization of appropriations. Subtitle C—Job Corps Sec. 141. Purposes. Sec. 142. Definitions. Sec. 143. Establishment. Sec. 144. Individuals eligible for the Job Corps. Sec. 145. Recruitment, screening, selection, and assignment of enrollees. Sec. 146. Enrollment. Sec. 147. Job Corps centers. Sec. 148. Program activities. Sec. 149. Counseling and job placement. Sec. 150. Support. Sec. 151. Operations. Sec. 152. Standards of conduct. Sec. 153. Community participation. Sec. 154. Workforce councils. Sec. 155. [Repealed]. Sec. 156. Technical assistance to centers. Sec. 157. Application of provisions of Federal law. Sec. 158. Special provisions. Sec. 159. Performance accountability and management. Sec. 160. General provisions. Sec. 161. Authorization of appropriations. Subtitle D—National Programs Sec. 166. [Repealed]. Sec. 167. [Repealed]. Sec. 168. [Repealed]. Sec. 169. [Repealed]. Sec. 170. Technical assistance. Sec. 171. [Repealed]. Sec. 172. Evaluations. Sec. 173. [Repealed]. Sec. 173A. [Repealed]. Sec. 174. [Repealed]. Subtitle E—Administration Sec. 181. Requirements and restrictions. Sec. 182. Prompt allocation of funds. Sec. 183. Monitoring. Sec. 184. Fiscal controls; sanctions. Sec. 185. Reports; recordkeeping; investigations. Sec. 186. Administrative adjudication. Sec. 187. Judicial review. Sec. 188. Nondiscrimination. Sec. 189. Administrative provisions. Sec. 190. References. Sec. 191. State legislative authority. Sec. 192. [Repealed]. Sec. 193. Transfer of Federal equity in State employment security real property to the States. Sec. 194. [Repealed]. Sec. 195. General program requirements. Sec. 196. Federal agency staff. Subtitle F—Repeals and Conforming Amendments Sec. 199. Repeals. Sec. 199A. Conforming amendments. TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Definitions. Sec. 204. Home schools. Sec. 205. Authorization of appropriations. Subtitle A—Federal Provisions Sec. 211. Reservation of funds; grants to eligible agencies; allotments. Sec. 212. Performance accountability system. Subtitle B—State Provisions Sec. 221. State administration. Sec. 222. State distribution of funds; matching requirement. Sec. 223. State leadership activities. Sec. 224. State plan. Sec. 225. Programs for corrections education and other institutionalized individuals. Subtitle C—Local Provisions Sec. 231. Grants and contracts for eligible providers. Sec. 232. Local application. Sec. 233. Local administrative cost limits. Subtitle D—General Provisions Sec. 241. Administrative provisions. Sec. 242. National activities. TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES Subtitle A—Wagner-Peyser Act Sec. 301. Definitions. Sec. 302. Functions. Sec. 303. Designation of State agencies. Sec. 304. Appropriations. Sec. 305. Disposition of allotted funds. Sec. 306. State plans. Sec. 307. Repeal of Federal advisory council. Sec. 308. Regulations. Sec. 309. Employment statistics. Sec. 310. Technical amendments. Sec. 311. Effective date. Subtitle B—Linkages With Other Programs Sec. 321. Trade Act of 1974. Sec. 322. Veterans' employment programs. Sec. 323. Older Americans Act of 1965. Subtitle C—[Repealed] Subtitle D—Application of Civil Rights and Labor-Management Laws to the Smithsonian Institution Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998 Sec. 401. Short title. Sec. 402. Title. Sec. 403. General provisions. Sec. 404. Vocational rehabilitation services. Sec. 405. Research and training. Sec. 406. Professional development and special projects and demonstrations. Sec. 407. National Council on Disability. Sec. 408. Rights and advocacy. Sec. 409. Employment opportunities for individuals with disabilities. Sec. 410. Independent living services and centers for independent living. Sec. 411. [Repealed]. Sec. 412. Helen Keller National Center Act. Sec. 413. President's Committee on Employment of People With Disabilities. Sec. 414. Conforming amendments. TITLE V—GENERAL PROVISIONS Sec. 501. State unified plan. Sec. 502. [Repealed]. Sec. 503. [Repealed]. Sec. 504. Privacy. Sec. 505. Buy-American requirements. Sec. 506. [Repealed]. Sec. 507. Effective date. . V AMENDMENTS TO THE REHABILITATION ACT OF 1973 501. Findings Section 2(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 701(a) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period and inserting ; and ; and (3) by adding at the end the following: (7) there is a substantial need to improve and expand services for students with disabilities under this Act. . 502. Rehabilitation services administration (a) Rehabilitation services administration The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is amended— (1) in section 3(a) ( 29 U.S.C. 702(a) )— (A) by striking Office of the Secretary and inserting Department of Education ; (B) by striking President by and with the advice and consent of the Senate and inserting Secretary ; and (C) by striking , and the Commissioner shall be the principal officer, ; (2) by striking Commissioner each place it appears (except in section 21) and inserting Director ; (3) in section 12(c) ( 29 U.S.C. 709 ), by striking Commissioner’s and inserting Director’s ; (4) in the heading for subparagraph (B) of section 100(d)(2), by striking commissioner and inserting director ; (5) in the heading for section 706, by striking commissioner and inserting director ; (6) in the heading for paragraph (3) of section 723(a), by striking commissioner and inserting director ; and (7) in section 21 ( 29 U.S.C. 718 )— (A) in subsection (b)(1)— (i) by striking Commissioner the first place it appears and inserting Director of the Rehabilitation Services Administration ; (ii) by striking (referred to in this subsection as the Director ) ; and (iii) by striking The Commissioner and the Director and inserting Both such Directors ; and (B) by striking the Commissioner and the Director each place it appears and inserting both such Directors . (b) Effective date; application The amendments made by subsection (a) shall— (1) take effect on the date of the enactment of this Act; and (2) apply with respect to the appointments of Directors of the Rehabilitation Services Administration made on or after the date of enactment of this Act, and the Directors so appointed. 503. Definitions Section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) is amended— (1) by redesignating paragraphs (35) through (39) as paragraphs (36) through (40), respectively; (2) in subparagraph (A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking paragraph (36)(C) and inserting paragraph (37)(C) ; and (3) by inserting after paragraph (34) the following: (35) (A) The term student with a disability means an individual with a disability who— (i) is not younger than 16 and not older than 21; (ii) has been determined to be eligible under section 102(a) for assistance under this title; and (iii) (I) is eligible for, and is receiving, special education under part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ); or (II) is an individual with a disability, for purposes of section 504. (B) The term students with disabilities means more than 1 student with a disability. . 504. State plan Section 101(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a) ) is amended— (1) in paragraph (10)(B) by striking on the eligible individuals and all that follows through section 136(d)(2) and inserting of information necessary to assess the State’s performance on the core indicators of performance described in section 136(b)(2)(A) ; (2) in paragraph (11)— (A) in subparagraph (D)(i), by inserting before the semicolon the following: , which may be provided using alternative means of meeting participation (such as video conferences and conference calls) ; and (B) by adding at the end the following: (G) Coordination with assistive technology programs The State plan shall include an assurance that the designated State unit and the lead agency or implementing entity responsible for carrying out duties under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ) have developed working relationships and coordinate their activities. ; (3) in paragraph (15)— (A) in subparagraph (A)— (i) in clause (i)— (I) in subclause (II), by striking and at the end; (II) in subclause (III), by adding and at the end; and (III) by adding at the end the following: (IV) students with disabilities, including their need for transition services; ; (ii) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (iii) by inserting after clause (i) the following: (ii) include an assessment of the transition services provided under this Act, and coordinated with transition services under the Individuals with Disabilities Education Act, as to those services meeting the needs of individuals with disabilities; ; and (B) in subparagraph (D)— (i) by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; and (ii) by inserting after clause (ii) the following: (iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to the receipt of vocational rehabilitation services under this title or to postsecondary education or employment; ; (4) in paragraph (22)— (A) by striking carrying out part B of title VI, including ; and (B) by striking that part to supplement funds made available under part B of ; (5) in paragraph (24)(A), by striking part A of title VI and inserting section 109A ; and (6) by adding at the end the following: (25) Collaboration with industry The State plan shall describe how the designated State agency will carry out the provisions of section 109A, including— (A) the criteria such agency will use to award grants under such section; and (B) how the activities carried out under such grants will be coordinated with other services provided under this title. (26) Services for students with disabilities The State plan shall provide an assurance satisfactory to the Secretary that the State— (A) has developed and implemented strategies to address the needs identified in the assessment described in paragraph (15), and achieve the goals and priorities identified by the State, to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis in accordance with paragraph (15); and (B) from funds reserved under section 110A, shall carry out programs or activities designed to improve and expand vocational rehabilitation services for students with disabilities that— (i) facilitate the transition of students with disabilities from the receipt of educational services in school, to the receipt of vocational rehabilitation services under this title, including, at a minimum, those services specified in the interagency agreement required in paragraph (11)(D); (ii) improve the achievement of post-school goals of students with disabilities, including improving the achievement through participation (as appropriate when career goals are discussed) in meetings regarding individualized education programs developed under section 614 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414 ); (iii) provide career guidance, career exploration services, job search skills and strategies, and technical assistance to students with disabilities; (iv) support the provision of training and technical assistance to State and local educational agencies and designated State agency personnel responsible for the planning and provision of services to students with disabilities; and (v) support outreach activities to students with disabilities who are eligible for, and need, services under this title. . 505. Scope of services Section 103 of the Rehabilitation Act of 1973 ( 29 U.S.C. 723 ) is amended— (1) in subsection (a), by striking paragraph (15) and inserting the following: (15) transition services for students with disabilities, that facilitate the achievement of the employment outcome identified in the individualized plan for employment, including services described in clauses (i) through (iii) of section 101(a)(26)(B); ; (2) in subsection (b), by striking paragraph (6) and inserting the following: (6) (A) (i) Consultation and technical assistance services to assist State and local educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment. (ii) Training and technical assistance described in section 101(a)(26)(B)(iv). (B) Services for groups of individuals with disabilities who meet the requirements of clauses (i) and (iii) of section 7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of section 101(a)(26)(B), to assist in the transition from school to post-school activities. ; and (3) in subsection (b) by inserting at the end, the following: (7) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 ) to promote access to assistive technology for individuals with disabilities and employers. . 506. Standards and indicators Section 106 of the Rehabilitation Act of 1973 ( 29 U.S.C. 726(a) ) is amended— (1) by striking subsection (a) and inserting the following: (a) Standards and indicators The performance standards and indicators for the vocational rehabilitation program carried out under this title— (1) shall be subject to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act of 1998; and (2) may, at a State’s discretion, include additional indicators identified in the State plan submitted under section 101. ; and (2) in subsection (b)(2)(B), by striking clause (i) and inserting the following: (i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Director, direct the State to make revisions to the plan to improve performance; and . 507. Collaboration with industry The Rehabilitation Act of 1973 is amended by inserting after section 109 ( 29 U.S.C. 729 ) the following: 109A. Collaboration with industry (a) Authority A State shall use not less than one-half of one percent of the payment the State receives under section 111 for a fiscal year to award grants to eligible entities to create practical job and career readiness and training programs, and to provide job placements and career advancement. (b) Application To receive a grant under this section, an eligible entity shall submit an application to a designated State agency at such time, in such manner, and containing such information as such agency shall require. Such application shall include, at a minimum— (1) a plan for evaluating the effectiveness of the program; (2) a plan for collecting and reporting the data and information described under subparagraphs (A) through (C) of section 101(a)(10), as determined appropriate by the designated State agency; and (3) a plan for providing for the non-Federal share of the costs of the program. (c) Activities An eligible entity receiving a grant under this section shall use the grant funds to carry out a program that provides one or more of the following: (1) Job development, job placement, and career advancement services for individuals with disabilities. (2) Training in realistic work settings in order to prepare individuals with disabilities for employment and career advancement in the competitive market. (3) Providing individuals with disabilities with such support services as may be required in order to maintain the employment and career advancement for which the individuals have received training. (d) Awards Grants under this section shall— (1) be awarded for a period not to exceed 5 years; and (2) be awarded competitively. (e) Eligible entity defined For the purposes of this section, the term eligible entity means a for-profit business, alone or in partnership with one or more of the following: (1) Community rehabilitation program providers. (2) Indian tribes. (3) Tribal organizations. (f) Federal share The Federal share of a program under this section shall not exceed 80 percent of the costs of the program. (g) Eligibility for services An individual shall be eligible for services provided under a program under this section if the individual is determined under section 102(a)(1) to be eligible for assistance under this title. . 508. Reservation for expanded transition services The Rehabilitation Act of 1973 is amended by inserting after section 110 ( 29 U.S.C. 730 ) the following: 110A. Reservation for expanded transition services Each State shall reserve not less than 10 percent of the funds allotted to the State under section 110(a) to carry out programs and activities under sections 101(a)(26)(B) and 103(b)(6). . 509. Client assistance program Section 112(e)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 732(e)(1) ) is amended by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: (D) The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. The amount of such grants shall be the same as provided to territories under this subsection. . 510. Title III amendments Title III of the Rehabilitation Act of 1973 ( 29 U.S.C. 771 et seq. ) is amended— (1) in section 301(a)— (A) in paragraph (2), by inserting and at the end; (B) by striking paragraphs (3) and (4); and (C) by redesignating paragraph (5) as paragraph (3); (2) in section 302(g)— (A) in the heading, by striking And In-Service Training ; and (B) by striking paragraph (3); (3) in section 303(c)— (A) in paragraph (4)— (i) by amending subparagraph (A)(ii) to read as follows: (ii) to coordinate and work closely with the parent training and information centers established pursuant to section 671 of the Individuals with Disabilities Education Act, the community parent resource centers established pursuant to section 672 of such Act, and the eligible entities receiving awards under section 673 of such Act; and ; and (ii) in subparagraph (C), by inserting , and demonstrate the capacity for serving, after serve ; and (B) by adding at the end the following: (8) Reservation From the amount appropriated to carry out this subsection for a fiscal year, 20 percent of such amount or $500,000, whichever is less, shall be reserved to carry out paragraph (6). ; (4) by striking sections 304 and 305; and (5) by redesignating section 306 as section 304. 511. Repeal of title VI The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is amended by repealing title VI. 512. Chairperson Section 705(b)(5) of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d(b)(5) ) is amended to read as follows: (5) Chairperson The Council shall select a chairperson from among the voting membership of the Council. . 513. Authorizations of appropriations The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is further amended— (1) in section 100(b)(1) ( 29 U.S.C. 720(b)(1) ), by striking such sums as may be necessary for fiscal years 1999 through 2003 and inserting $3,121,712,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (2) in section 110(c) ( 29 U.S.C. 730(c) ), by amending paragraph (2) to read as follows: (2) The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1) for each of fiscal years 2014 through 2020. ; (3) in section 112(h) ( 29 U.S.C. 732(h) ) by striking such sums as may be necessary for fiscal years 1999 through 2003 and inserting $12,240,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (4) by amending subsection (a) of section 201 ( 29 U.S.C. 761(a) ) to read as follows: (a) There are authorized to be appropriated $108,817,000 for fiscal year 2014 and each of the 6 succeeding fiscal years to carry out this title. ; (5) in section 302(i) ( 29 U.S.C. 772(i) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $35,515,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (6) in section 303(e) ( 29 U.S.C. 773(e) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $5,325,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (7) in section 405 ( 29 U.S.C. 785 ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $3,258,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (8) in section 502(j) ( 29 U.S.C. 792(j) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $7,400,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (9) in section 509(l) ( 29 U.S.C. 794e(l) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $18,031,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (10) in section 714 ( 29 U.S.C. 796e–3 ), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $23,359,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (11) in section 727 ( 29 U.S.C. 796f–6 ), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $79,953,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; and (12) in section 753 ( 29 U.S.C. 7961 ), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $34,018,000 for fiscal year 2014 and each of the 6 succeeding fiscal years . 514. Conforming amendments Section 1(b) of the Rehabilitation Act of 1973 is amended— (1) by inserting after the item relating to section 109 the following: Sec. 109A. Collaboration with industry. ; (2) by inserting after the item relating to section 110 the following: Sec. 110A. Reservation for expanded transition services. ; (3) by striking the item related to section 304 and inserting the following: Sec. 304. Measuring of project outcomes and performance. ; (4) by striking the items related to sections 305 and 306; and (5) by striking the items related to title VI.
March 12, 2013 Reported from the Committee on Education and the Workforce with an amendment March 12, 2013 The Committees on the Judiciary , Agriculture , Veterans' Affairs , Energy and Commerce , and Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed |
113-hr-804-ih-dtd | 113-hr-804 | 113 | hr | 804 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr804ih.xml | BILLS-113hr804ih.xml | 2023-01-08 17:37:48.080 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H1D9D5B7E66F64F38BA1803A63FCBB68E" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
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<dc:title>
113 HR 804 IH: Smarter Than Sequester Defense Spending Reduction Act
</dc:title>
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U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-25
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text/xml
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EN
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 804
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="C001077">
Mr. Coffman
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HBU00">
Committee on the
Budget
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To cancel the 251A sequester for the revised security
category and to provide for a reduced spending plan with respect to the
Department of Defense, and for other purposes.
</official-title>
</form>
<legis-body id="H2978CEBB2CB242A58F7C4E7CB0AB3F9E" style="OLC">
<section id="H84B71484CB794B46B6745762E71248C8" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Smarter Than Sequester Defense
Spending Reduction Act
</short-title>
</quote>
.
</text>
</section>
<section id="H1BC749EC6BB14E53A5573ACB826E9CF9">
<enum>
2.
</enum>
<header>
Finding
</header>
<text display-inline="no-display-inline">
Congress can keep the faith with those who
have sacrificed for our Nation, avoid cuts that harm our strategic posture, and
still achieve spending reduction by implementing targeted reforms instead of
allowing haphazard spending cuts to happen through sequestration.
</text>
</section>
<section id="HD3A338F30C9849AFB80B79A2B4A7BFB3">
<enum>
3.
</enum>
<header>
Cancellation of
251A sequester and implementation of reduced spending plan for the Department
of Defense
</header>
<text display-inline="no-display-inline">
Section 251A of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding
at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB44CDC6C79454EB89834EE00FA92F3BF" style="OLC">
<paragraph id="H9741D28BBCA24E518ECE9044D2D1ED47">
<enum>
(12)
</enum>
<text display-inline="yes-display-inline">
Notwithstanding the requirements of this
section, an order by the President to carry out a sequestration under
paragraphs (7) or (8) with respect to the revised security category shall have
no force or effect.
</text>
</paragraph>
<paragraph id="HF7BE5E9C82354050BABD8FB95293F4DF">
<enum>
(13)
</enum>
<text>
Notwithstanding
any other provision of law, the Department of Defense shall formulate and
implement a plan to reduce spending over the 10-year period beginning on the
date of enactment of this Act. Such plan shall include a reduction in
spending—
</text>
<subparagraph id="HA9406591988C43919EE63FB0DE7B8CF4">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
of not less than $100,000,000,000 by
adopting
<term>
sea swap
</term>
policies relating to rotating crew for cruisers,
destroyers, and amphibious ships;
</text>
</subparagraph>
<subparagraph id="H9A7BD949800449AD82522E79FFD938DD">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
of not less than $53,000,000,000 by
replacing the current 88,000 military personnel who perform clearly
commercial-type activities at military bases with 62,000 local civilian
contractors instead, and reducing end strengths to reflect such
replacement;
</text>
</subparagraph>
<subparagraph id="HFF6D00E2116143A4BDFE9DC1C2174D0A">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
of not less than $52,500,000,000 by
transferring 65,000 members of the Armed Forces serving on active duty to the
National Guard and Reserve, respectively, and modifying the end strengths to
reflect such transfer;
</text>
</subparagraph>
<subparagraph id="H36912215411940D39F3202C7E013E655">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
of not less than $52,000,000,000 by
reducing total planned spending on
<term>
Other Procurement
</term>
by the Army,
Navy, and Air Force;
</text>
</subparagraph>
<subparagraph id="HE09AF9085BC24053A49512C27FF15EA9">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
of not less than $36,700,000,000 by
reducing the number of Department of Defense civilian employee positions by
100,000 through retirement and voluntary attrition;
</text>
</subparagraph>
<subparagraph id="HCF576FD3EFBC4D90A9B45C725F4FB2FD">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
of not less than $20,000,000,000 by
removing all Brigade Combat Teams and tactical aircraft assets, as well as the
personnel maintaining and supporting them, from European deployment;
</text>
</subparagraph>
<subparagraph id="HB4CF3CE125134FFE81847D6B3710AD8C">
<enum>
(G)
</enum>
<text display-inline="yes-display-inline">
of not less than $15,000,000,000 by
reducing spending on contractor augmentees;
</text>
</subparagraph>
<subparagraph id="H4E655E2ED10043B19E29D608895C1ACC">
<enum>
(H)
</enum>
<text display-inline="yes-display-inline">
of not less than $9,000,000,000 by reducing
planned spending on experimental fuel procurement;
</text>
</subparagraph>
<subparagraph id="H27552554176F48B2B3B0492CBE4F77BA">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
of not less than $7,100,000,000 by
consolidating the management of the Army and Air Force Exchange Service, the
Navy Exchange Service Command, and the Marine Corps exchanges and creating
efficiencies to provide savings;
</text>
</subparagraph>
<subparagraph id="HE22D6765491F43B09E04A78F7BA560D5">
<enum>
(J)
</enum>
<text display-inline="yes-display-inline">
of not less than $7,000,000,000 by
postponing procurement of the Ground Combat Vehicle by the Army until at least
2023;
</text>
</subparagraph>
<subparagraph id="H0D0C733EA265487A89CEFCAB7C0FD7BF">
<enum>
(K)
</enum>
<text display-inline="yes-display-inline">
of not less than $4,600,000,000 by
establishing a unified medical command;
</text>
</subparagraph>
<subparagraph id="H90615B21C4414E8C8FAABE604C8622F9">
<enum>
(L)
</enum>
<text display-inline="yes-display-inline">
of not less than $3,000,000,000 by delaying
refurbishment of the Abrams tank for at least 3 years;
</text>
</subparagraph>
<subparagraph id="H3F0415803A0D4E08B83606FD1945524F">
<enum>
(M)
</enum>
<text display-inline="yes-display-inline">
of not less than $1,800,000,000 by reducing
annual spending on all military bands to $200,000,000 for 10 years;
</text>
</subparagraph>
<subparagraph id="HFC24DED4A9E44233957C1BFF2781C509">
<enum>
(N)
</enum>
<text display-inline="yes-display-inline">
of not less than $800,000,000 by reducing
the total number of general officers and flag officers; and
</text>
</subparagraph>
<subparagraph id="H4EB7A5CDBE5C4D7796B767D22841564E">
<enum>
(O)
</enum>
<text display-inline="yes-display-inline">
of not less than $150,000,000,000 through
annual reductions in spending initiated by the Department of Defense through
reducing programs and activities which do not contribute significantly to
military
capability.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 804 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Coffman introduced the following bill; which was referred to the Committee on the Budget A BILL To cancel the 251A sequester for the revised security category and to provide for a reduced spending plan with respect to the Department of Defense, and for other purposes.
1. Short title This Act may be cited as the Smarter Than Sequester Defense Spending Reduction Act . 2. Finding Congress can keep the faith with those who have sacrificed for our Nation, avoid cuts that harm our strategic posture, and still achieve spending reduction by implementing targeted reforms instead of allowing haphazard spending cuts to happen through sequestration. 3. Cancellation of 251A sequester and implementation of reduced spending plan for the Department of Defense Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following: (12) Notwithstanding the requirements of this section, an order by the President to carry out a sequestration under paragraphs (7) or (8) with respect to the revised security category shall have no force or effect. (13) Notwithstanding any other provision of law, the Department of Defense shall formulate and implement a plan to reduce spending over the 10-year period beginning on the date of enactment of this Act. Such plan shall include a reduction in spending— (A) of not less than $100,000,000,000 by adopting sea swap policies relating to rotating crew for cruisers, destroyers, and amphibious ships; (B) of not less than $53,000,000,000 by replacing the current 88,000 military personnel who perform clearly commercial-type activities at military bases with 62,000 local civilian contractors instead, and reducing end strengths to reflect such replacement; (C) of not less than $52,500,000,000 by transferring 65,000 members of the Armed Forces serving on active duty to the National Guard and Reserve, respectively, and modifying the end strengths to reflect such transfer; (D) of not less than $52,000,000,000 by reducing total planned spending on Other Procurement by the Army, Navy, and Air Force; (E) of not less than $36,700,000,000 by reducing the number of Department of Defense civilian employee positions by 100,000 through retirement and voluntary attrition; (F) of not less than $20,000,000,000 by removing all Brigade Combat Teams and tactical aircraft assets, as well as the personnel maintaining and supporting them, from European deployment; (G) of not less than $15,000,000,000 by reducing spending on contractor augmentees; (H) of not less than $9,000,000,000 by reducing planned spending on experimental fuel procurement; (I) of not less than $7,100,000,000 by consolidating the management of the Army and Air Force Exchange Service, the Navy Exchange Service Command, and the Marine Corps exchanges and creating efficiencies to provide savings; (J) of not less than $7,000,000,000 by postponing procurement of the Ground Combat Vehicle by the Army until at least 2023; (K) of not less than $4,600,000,000 by establishing a unified medical command; (L) of not less than $3,000,000,000 by delaying refurbishment of the Abrams tank for at least 3 years; (M) of not less than $1,800,000,000 by reducing annual spending on all military bands to $200,000,000 for 10 years; (N) of not less than $800,000,000 by reducing the total number of general officers and flag officers; and (O) of not less than $150,000,000,000 through annual reductions in spending initiated by the Department of Defense through reducing programs and activities which do not contribute significantly to military capability. . |
113-hr-805-ih-dtd | 113-hr-805 | 113 | hr | 805 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr805ih.xml | BILLS-113hr805ih.xml | 2023-01-08 17:37:48.184 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H088DB24BF6344161AFB73027B56DC51B" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 805 IH: Quality Improvement Organization Program Restoration Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-25
</dc:date>
<dc:format>
text/xml
</dc:format>
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EN
</dc:language>
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 805
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="P000591">
Mr. Price of Georgia
</sponsor>
(for himself and
<cosponsor name-id="K000188">
Mr. Kind
</cosponsor>
) introduced
the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
, and in addition to the Committee on
<committee-name committee-id="HIF00">
Energy and Commerce
</committee-name>
, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To repeal certain changes to contracts with Medicare
Quality Improvement Organizations, and for other purposes.
</official-title>
</form>
<legis-body id="H0DCEDB0F07E24913A7D81CC00ACC0D3B" style="OLC">
<section id="H82D41B82CB954D98B20E2D342E71E16C" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Quality Improvement Organization
Program Restoration Act
</short-title>
</quote>
.
</text>
</section>
<section id="HDCFADC9DD880488CBACE5E4DCC8FD60B">
<enum>
2.
</enum>
<header>
Repeal of changes
to contracts with Medicare QIOs
</header>
<text display-inline="no-display-inline">
Section 261 of the Trade Adjustment
Assistance Extension Act of 2011 (relating to contracts with Quality
Improvement Organizations) is repealed and the provisions of law amended by
such section are restored as if such section had never been enacted.
</text>
</section>
<section id="HAC40C7BE71F6430D812BE3A8B321E7D6">
<enum>
3.
</enum>
<header>
Quality
improvement funding
</header>
<text display-inline="no-display-inline">
Section
1159 of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1320c-8">
42 U.S.C. 1320c–8
</external-xref>
) is amended—
</text>
<paragraph id="HE73F5C0263684D81AC8D0A9CED9C8230">
<enum>
(1)
</enum>
<text>
by striking
<quote>
Expenses incurred
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
<enum-in-header>
(a)
</enum-in-header>
</header-in-text>
Expenses
incurred
</quote>
; and
</text>
</paragraph>
<paragraph id="H4B125D06D8FC421B843B25BFC152F22B">
<enum>
(2)
</enum>
<text>
by adding at the
end the following new subsection:
</text>
<quoted-block id="HDD24DDCBCF7E427BA3CFB4DE87A6CBEE" style="OLC">
<subsection id="H5C7528360FED4322B0A8678E98522F8B">
<enum>
(b)
</enum>
<paragraph commented="no" display-inline="yes-display-inline" id="HCA35939D63974BB896C3E68824D61D93">
<enum>
(1)
</enum>
<text>
With respect to any
3-year period for which 3-year contracts are entered into under this part for
contract periods beginning on or after August 1, 2014, and ending on or before
July 31, 2021, the aggregate amount of funds payable during any such 3-year
period for such contracts shall not exceed $1,674,000,000.
</text>
</paragraph>
<paragraph id="H08D20716925B4883A881A7F0EF9ACD62" indent="up1">
<enum>
(2)
</enum>
<text>
For any contract period beginning on
or after August 1, 2014, at least 80 percent of the funds to carry out this
part shall be expended to directly fund the contracts with utilization and
quality control peer review organizations under section 1153(b).
</text>
</paragraph>
<paragraph id="H4EB30B2E0D1B4918A55F97FC8CE55513" indent="up1">
<enum>
(3)
</enum>
<text>
In order to reduce spending of the
amount in paragraph (1) by $330,000,000, for the period beginning on October 1,
2014, and ending on September 30, 2021, the aggregate amount of funds payable
for contracts under this part shall be reduced by
$330,000,000.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 805 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Price of Georgia (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal certain changes to contracts with Medicare Quality Improvement Organizations, and for other purposes.
1. Short title This Act may be cited as the Quality Improvement Organization Program Restoration Act . 2. Repeal of changes to contracts with Medicare QIOs Section 261 of the Trade Adjustment Assistance Extension Act of 2011 (relating to contracts with Quality Improvement Organizations) is repealed and the provisions of law amended by such section are restored as if such section had never been enacted. 3. Quality improvement funding Section 1159 of the Social Security Act ( 42 U.S.C. 1320c–8 ) is amended— (1) by striking Expenses incurred and inserting (a) Expenses incurred ; and (2) by adding at the end the following new subsection: (b) (1) With respect to any 3-year period for which 3-year contracts are entered into under this part for contract periods beginning on or after August 1, 2014, and ending on or before July 31, 2021, the aggregate amount of funds payable during any such 3-year period for such contracts shall not exceed $1,674,000,000. (2) For any contract period beginning on or after August 1, 2014, at least 80 percent of the funds to carry out this part shall be expended to directly fund the contracts with utilization and quality control peer review organizations under section 1153(b). (3) In order to reduce spending of the amount in paragraph (1) by $330,000,000, for the period beginning on October 1, 2014, and ending on September 30, 2021, the aggregate amount of funds payable for contracts under this part shall be reduced by $330,000,000. . |
113-hr-806-ih-dtd | 113-hr-806 | 113 | hr | 806 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr806ih.xml | BILLS-113hr806ih.xml | 2023-01-08 17:37:47.938 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dc:title>
113 HR 806 IH: To amend title 38, United States Code, to make permanent the requirement for annual reports on Comptroller General reviews of the accuracy of Department of Veterans Affairs medical budget submissions, and for other purposes.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-25
</dc:date>
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text/xml
</dc:format>
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EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 806
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="B001285">
Ms. Brownley of
California
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HVR00">
Committee on Veterans’
Affairs
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title 38, United States Code, to make permanent
the requirement for annual reports on Comptroller General reviews of the
accuracy of Department of Veterans Affairs medical budget submissions, and for
other purposes.
</official-title>
</form>
<legis-body id="H0097D0EFD76F4D669DBEA5DA4AB103F2" style="OLC">
<section id="H325F8EF19C0A43DE94C5C676D5F9E7B6" section-type="section-one">
<enum>
1.
</enum>
<header>
Permanent requirement for
annual reports on Comptroller General reviews of the accuracy of Department of
Veterans Affairs medical budget submissions
</header>
<subsection id="H5BB4EAAB548B4F8DBDB3A2679A3FAE20">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 117 of title
38, United States Code, is amended by adding at the end the following new
subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H0F7BF863DBF047B48C7DA1C449506588" style="USC">
<subsection id="H35A3507CF404460F81EF7DAB568CF5B0">
<enum>
(e)
</enum>
<header>
Comptroller
General review of the accuracy of medical care budget submission in relation to
baseline health care model projection
</header>
<paragraph commented="no" display-inline="yes-display-inline" id="H7D37270C30D54F839E8CDD95950E9FCB">
<enum>
(1)
</enum>
<text>
The Comptroller General
of the United States shall conduct a review of each budget of the President for
a fiscal year that is submitted to Congress pursuant to section 1105(a) of
title 31 in order to assess whether or not the relevant components of the
amounts requested in such budget for such fiscal year for the medical care
accounts of the Department specified in subsection (c) are consistent with
estimates of the resources required by the Department for the provision of
medical care and services in such fiscal year, as forecast using the Enrollee
Health Care Projection Model, or other methodologies used by the
Department.
</text>
</paragraph>
<paragraph id="H1F6ABDBC8C0540DE9B2AA759C2A06433" indent="up1">
<enum>
(2)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H8F8D817651A044DA81831E741BE433D1">
<enum>
(A)
</enum>
<text>
Not later than 120 days
after the date on which the President submits a budget request for under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">
section 1105
</external-xref>
of title 31, United States Code, the Comptroller General shall
submit to the Committees on Veterans’ Affairs, Appropriations, and the Budget
of the Senate and the Committees on Veterans’ Affairs, Appropriations, and the
Budget of the House of Representatives and to the Secretary a report on the
review conducted under paragraph (1) for the year or years covered by such
budget request.
</text>
</subparagraph>
<subparagraph id="H32B9651C9ACE4EFE87178C1AD49E6E42" indent="up1">
<enum>
(B)
</enum>
<text>
Each report under this paragraph
shall include, for the fiscal year covered by the report, the following:
</text>
<clause id="H457A44A12F634C92BD2C26D55F49DC53">
<enum>
(i)
</enum>
<text>
An assessment of the review conducted
under paragraph (1).
</text>
</clause>
<clause id="H36450F04677D416EBF2CB6BE824846D8">
<enum>
(ii)
</enum>
<text>
The basis for such assessment.
</text>
</clause>
<clause id="H0CCE8A5AA0D54306AA88B74C28750C6E">
<enum>
(iii)
</enum>
<text>
Such additional information as the
Comptroller General determines appropriate.
</text>
</clause>
</subparagraph>
<subparagraph id="HF73C1208D1F44739B62E3903AF553787" indent="up1">
<enum>
(C)
</enum>
<text>
Each report submitted under this
subsection shall also be made available to the
public.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H170C80E95DF44C97A202B685F90C6BA2">
<enum>
(b)
</enum>
<header>
Conforming
repeal
</header>
<text display-inline="yes-display-inline">
Section 4 of the
Veterans Health Care Budget Reform and Transparency Act of 2009 (Public Law
111–81) is hereby repealed.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 806 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Ms. Brownley of California introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to make permanent the requirement for annual reports on Comptroller General reviews of the accuracy of Department of Veterans Affairs medical budget submissions, and for other purposes.
1. Permanent requirement for annual reports on Comptroller General reviews of the accuracy of Department of Veterans Affairs medical budget submissions (a) In general Section 117 of title 38, United States Code, is amended by adding at the end the following new subsection: (e) Comptroller General review of the accuracy of medical care budget submission in relation to baseline health care model projection (1) The Comptroller General of the United States shall conduct a review of each budget of the President for a fiscal year that is submitted to Congress pursuant to section 1105(a) of title 31 in order to assess whether or not the relevant components of the amounts requested in such budget for such fiscal year for the medical care accounts of the Department specified in subsection (c) are consistent with estimates of the resources required by the Department for the provision of medical care and services in such fiscal year, as forecast using the Enrollee Health Care Projection Model, or other methodologies used by the Department. (2) (A) Not later than 120 days after the date on which the President submits a budget request for under section 1105 of title 31, United States Code, the Comptroller General shall submit to the Committees on Veterans’ Affairs, Appropriations, and the Budget of the Senate and the Committees on Veterans’ Affairs, Appropriations, and the Budget of the House of Representatives and to the Secretary a report on the review conducted under paragraph (1) for the year or years covered by such budget request. (B) Each report under this paragraph shall include, for the fiscal year covered by the report, the following: (i) An assessment of the review conducted under paragraph (1). (ii) The basis for such assessment. (iii) Such additional information as the Comptroller General determines appropriate. (C) Each report submitted under this subsection shall also be made available to the public. . (b) Conforming repeal Section 4 of the Veterans Health Care Budget Reform and Transparency Act of 2009 (Public Law 111–81) is hereby repealed. |
113-hr-807-eh-dtd | 113-hr-807 | 113 | hr | 807 | eh | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr807eh.xml | BILLS-113hr807eh.xml | 2023-01-07 11:21:03.958 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 807 EH: Full Faith and Credit Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date/>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="no">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 807
</legis-num>
<current-chamber display="no">
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
To require that the Government prioritize all obligations on the debt held by the public in the event that the debt limit is reached.
</official-title>
</form>
<legis-body id="HF70AAABC365A468B98B266ADF02EE0A3" style="OLC">
<section id="H78090C5AE57343C7B7BFFB2EE53ED4D0" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Full Faith and Credit Act
</short-title>
</quote>
.
</text>
</section>
<section id="HF731E33286A34887AC02AE64A6BEEB32" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Payment of principal and interest on public debt and social security trust funds
</header>
<subsection display-inline="no-display-inline" id="HFC1B7260673F4BA0BFC74C0E40732260">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
In the event that the debt of the United States Government, as defined in
<external-xref legal-doc="usc" parsable-cite="usc/31/3101">
section 3101
</external-xref>
of title 31, United States Code, reaches the statutory limit, the Secretary of the Treasury shall, in addition to any other authority provided by law, issue obligations under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/31/31">
chapter 31
</external-xref>
of title 31, United States Code, to pay with legal tender, and solely for the purpose of paying, the principal and interest on obligations of the United States described in subsection (b) after the date of the enactment of this Act.
</text>
</subsection>
<subsection id="H6B87B6C66E5643169DAB219D9D2CC626">
<enum>
(b)
</enum>
<header>
Obligations described
</header>
<text display-inline="yes-display-inline">
For purposes of this subsection, obligations described in this subsection are obligations which are—
</text>
<paragraph id="H8E7B97FE92AC4979BA09A5D60F65D151">
<enum>
(1)
</enum>
<text>
held by the public, or
</text>
</paragraph>
<paragraph id="HD49526734C854D7D9335960DFA6A7B3D">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
held by the Old-Age and Survivors Insurance Trust Fund and Disability Insurance Trust Fund.
</text>
</paragraph>
</subsection>
<subsection id="HBD7ABE3AAC2A48858E660BE839466188">
<enum>
(c)
</enum>
<header>
Prohibition on compensation for Members of Congress
</header>
<text display-inline="yes-display-inline">
None of the obligations issued under subsection (a) may be used to pay compensation for Members of Congress.
</text>
</subsection>
<subsection id="H58446EF7DEEF456ABFE4D149638D6AEC">
<enum>
(d)
</enum>
<header>
Obligations exempt from public debt limit
</header>
<text display-inline="yes-display-inline">
Obligations issued under subsection (a) shall not be taken into account in applying the limitation in
<external-xref legal-doc="usc" parsable-cite="usc/31/3101">
section 3101(b)
</external-xref>
of title 31, United States Code, to the extent that such obligation would otherwise cause the limitation in
<external-xref legal-doc="usc" parsable-cite="usc/31/3101">
section 3101(b)
</external-xref>
of title 31, United States Code, to be exceeded.
</text>
</subsection>
<subsection commented="no" id="H43D0F2C252F14CFA94490AC7346DF375">
<enum>
(e)
</enum>
<header>
Report on certain actions
</header>
<paragraph commented="no" id="H6947A35571D84E16A922931E85148FD9">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
If, after the date of the enactment of this Act, the Secretary of the Treasury exercises his authority under subsection (a), the Secretary shall thereafter submit a report each week the authority is in use providing an accounting relating to—
</text>
<subparagraph id="H2EC1B38261464891B94A7FE2106F4FDA">
<enum>
(A)
</enum>
<text>
the principal on mature obligations and interest that is due or accrued of the United States, and
</text>
</subparagraph>
<subparagraph id="H5557E36DA92A4D8BA35E87B453A89CB2">
<enum>
(B)
</enum>
<text>
any obligations issued pursuant to subsection (a).
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HD7198C19468C46F19FBC0F095CF3F581">
<enum>
(2)
</enum>
<header>
Submission
</header>
<text>
The report required by paragraph (1) shall be submitted to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20130509">
Passed the House of Representatives May 9, 2013.
</attestation-date>
<attestor display="no">
Karen L. Haas,
</attestor>
<role>
Clerk.
</role>
</attestation-group>
</attestation>
<endorsement display="yes"/>
</bill>
| I 113th CONGRESS 1st Session H. R. 807 IN THE HOUSE OF REPRESENTATIVES AN ACT To require that the Government prioritize all obligations on the debt held by the public in the event that the debt limit is reached.
1. Short title This Act may be cited as the Full Faith and Credit Act . 2. Payment of principal and interest on public debt and social security trust funds (a) In general In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, the Secretary of the Treasury shall, in addition to any other authority provided by law, issue obligations under chapter 31 of title 31, United States Code, to pay with legal tender, and solely for the purpose of paying, the principal and interest on obligations of the United States described in subsection (b) after the date of the enactment of this Act. (b) Obligations described For purposes of this subsection, obligations described in this subsection are obligations which are— (1) held by the public, or (2) held by the Old-Age and Survivors Insurance Trust Fund and Disability Insurance Trust Fund. (c) Prohibition on compensation for Members of Congress None of the obligations issued under subsection (a) may be used to pay compensation for Members of Congress. (d) Obligations exempt from public debt limit Obligations issued under subsection (a) shall not be taken into account in applying the limitation in section 3101(b) of title 31, United States Code, to the extent that such obligation would otherwise cause the limitation in section 3101(b) of title 31, United States Code, to be exceeded. (e) Report on certain actions (1) In general If, after the date of the enactment of this Act, the Secretary of the Treasury exercises his authority under subsection (a), the Secretary shall thereafter submit a report each week the authority is in use providing an accounting relating to— (A) the principal on mature obligations and interest that is due or accrued of the United States, and (B) any obligations issued pursuant to subsection (a). (2) Submission The report required by paragraph (1) shall be submitted to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.
Passed the House of Representatives May 9, 2013. Karen L. Haas, Clerk. |
113-hr-807-ih-dtd | 113-hr-807 | 113 | hr | 807 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr807ih.xml | BILLS-113hr807ih.xml | 2023-01-08 17:37:47.709 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H4BA8C6FE360A465C9A20FC0D9EDABC13" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 807 IH: Full Faith and Credit Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-25
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 807
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="M001177">
Mr. McClintock
</sponsor>
(for
himself,
<cosponsor name-id="S001176">
Mr. Scalise
</cosponsor>
,
<cosponsor name-id="J000289">
Mr. Jordan
</cosponsor>
,
<cosponsor name-id="P000591">
Mr. Price of Georgia
</cosponsor>
,
<cosponsor name-id="H001036">
Mr. Hensarling
</cosponsor>
,
<cosponsor name-id="G000548">
Mr. Garrett
</cosponsor>
,
<cosponsor name-id="C001053">
Mr. Cole
</cosponsor>
,
<cosponsor name-id="Y000064">
Mr. Young of Indiana
</cosponsor>
,
<cosponsor name-id="F000448">
Mr. Franks of Arizona
</cosponsor>
,
<cosponsor name-id="F000450">
Ms. Foxx
</cosponsor>
,
<cosponsor name-id="C001093">
Mr. Collins of Georgia
</cosponsor>
,
<cosponsor name-id="M001182">
Mr. Mulvaney
</cosponsor>
,
<cosponsor name-id="R000409">
Mr. Rohrabacher
</cosponsor>
,
<cosponsor name-id="L000578">
Mr. LaMalfa
</cosponsor>
,
<cosponsor name-id="D000615">
Mr. Duncan of South Carolina
</cosponsor>
,
<cosponsor name-id="B001275">
Mr. Bucshon
</cosponsor>
,
<cosponsor name-id="B001243">
Mrs. Blackburn
</cosponsor>
,
<cosponsor name-id="C001076">
Mr. Chaffetz
</cosponsor>
,
<cosponsor name-id="H001058">
Mr. Huizenga of Michigan
</cosponsor>
,
<cosponsor name-id="L000573">
Mr. Labrador
</cosponsor>
,
<cosponsor name-id="L000571">
Mrs. Lummis
</cosponsor>
,
<cosponsor name-id="M001144">
Mr. Miller of Florida
</cosponsor>
,
<cosponsor name-id="B001280">
Mr. Bentivolio
</cosponsor>
, and
<cosponsor name-id="S001183">
Mr. Schweikert
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To require that the Government prioritize all obligations
on the debt held by the public in the event that the debt limit is
reached.
</official-title>
</form>
<legis-body id="H80A550458E8240698052DE02843785D8" style="OLC">
<section id="HA785F254E26A49FFA9DFB1EDC119D30C" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Full Faith and Credit
Act
</short-title>
</quote>
.
</text>
</section>
<section id="HB4FB99AB6D2E4E5D93A6AB025F09114E">
<enum>
2.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
Congress finds that:
</text>
<paragraph id="HFBEBFC6D47D04E67A500C458E0AE32D7">
<enum>
(1)
</enum>
<text>
The Act of
Congress establishing the Treasury Department of 1789 states that the Secretary
of the Treasury shall prepare plans for improving and managing the revenue of
the United States Government and for the support of the public credit.
</text>
</paragraph>
<paragraph id="HFCFA73175964444289F3E470272BC4B9">
<enum>
(2)
</enum>
<text>
Section 321 of
title 31, United States Code, codifies the duty
<quote>
to prepare plans for
improving and managing receipts of the United States Government and managing
the public debt
</quote>
.
</text>
</paragraph>
<paragraph id="H8EEAF2F6BD7D49658DB6F51D1131F157">
<enum>
(3)
</enum>
<text>
In carrying out
the statutory responsibilities to
<quote>
support of the public credit
</quote>
and
<quote>
managing the public debt
</quote>
the Secretary shall take all
necessary actions to ensure all obligations of the United States Government
with regard to debt held by the public are fully discharged when due.
</text>
</paragraph>
<paragraph id="H70A75A8C9E4F41878E96AA06FE907364">
<enum>
(4)
</enum>
<text>
Such actions may
include the forgoing of obligations not related to debt held by the public for
a period of time deemed necessary by the Secretary as authorized under section
324 of title 31, United States Code, which states that—
</text>
<quoted-block display-inline="no-display-inline" id="HD18E5DF57F764FBB81C161F0F8BC1A94" style="USC">
<subsection id="H82EF4CFB82D14592B20427B73DA82CAB">
<enum>
(a)
</enum>
<text display-inline="yes-display-inline">
The Secretary of the Treasury may—
</text>
<paragraph id="HEE27AD8C7B5A48B2A455F1B9A4D70F98">
<enum>
(1)
</enum>
<text>
dispose of
obligations—
</text>
<subparagraph id="H9E2CB6200D2444289AD4706007D9C46D">
<enum>
(A)
</enum>
<text>
acquired by the
Secretary for the United States Government; or
</text>
</subparagraph>
<subparagraph id="H5DE1FFD56FA44C90BA39751EC783B422">
<enum>
(B)
</enum>
<text>
delivered by an
executive agency; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H582B2E789A184818A7236C6F7AED3592">
<enum>
(2)
</enum>
<text>
make arrangements
to extend the maturity of those obligations.
</text>
</paragraph>
</subsection>
<subsection id="HC0BBA5B571084A5A9C243804D5AA012A">
<enum>
(b)
</enum>
<text>
The Secretary may
dispose or extend the maturity of obligations under subsection (a) of this
section in the way, in amounts, at prices (for cash, obligations, property, or
a combination of cash, obligations, or property), and on conditions the
Secretary considers advisable and in the public
interest.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H9FD32C1310D1498D8E9719A0A9B970A0">
<enum>
3.
</enum>
<header>
Duty to protect
the full faith and credit of the United States Government
</header>
<subsection id="H7E74DFDAD5424AC3AE5CB91127005842">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
In the event that the
debt of the United States Government, as defined in
<external-xref legal-doc="usc" parsable-cite="usc/31/3101">
section 3101
</external-xref>
of title 31,
United States Code, reaches the statutory limit, the authority of the
Department of the Treasury provided in
<external-xref legal-doc="usc" parsable-cite="usc/31/3123">
section 3123
</external-xref>
of title 31, United States
Code, to pay with legal tender the principal and interest on debt held by the
public shall take priority over all other obligations incurred by the
Government of the United States.
</text>
</subsection>
<subsection id="H5EF03E25003E4846B9C0345480F5A0BC">
<enum>
(b)
</enum>
<header>
Special rule for
insufficiency of funds
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/31/324">
Section 324
</external-xref>
of title 31, United States
Code, is amended by redesignating subsection (c) as subsection (e), and by
inserting after subsection (b) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H0FD944ACE9F74A48BFA7164F40B03BCF" style="USC">
<subsection id="H67F7D8DFDB974E3090E586B2D012C3FA">
<enum>
(c)
</enum>
<text display-inline="yes-display-inline">
If the Secretary expects that there will be
insufficient funds available to dispose of all obligations consisting of
interest and principal of the debt held by the public on the next calendar day
on which such obligations are due, then the Secretary shall extend the
maturities of any other obligations under section (a) and refuse to issue
warrants under section 321(a)(3) to the extent necessary to provide such funds
as the Secretary deems prudent to dispose of obligations consisting of interest
and principal of the debt held by the public for no less than the next 30
calendar days.
</text>
</subsection>
<subsection id="HDD9182DA7BDE4A7AA29EFF9855949D81">
<enum>
(d)
</enum>
<text display-inline="yes-display-inline">
To the extent receipts exceed those
required to meet the Secretary’s obligation under subsection (c), the Secretary
shall prioritize the disposal of obligations under subsection (a) and issuance
of warrants under section 321(a)(3) in that order the Secretary considers
advisable and in the public interest.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 807 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. McClintock (for himself, Mr. Scalise , Mr. Jordan , Mr. Price of Georgia , Mr. Hensarling , Mr. Garrett , Mr. Cole , Mr. Young of Indiana , Mr. Franks of Arizona , Ms. Foxx , Mr. Collins of Georgia , Mr. Mulvaney , Mr. Rohrabacher , Mr. LaMalfa , Mr. Duncan of South Carolina , Mr. Bucshon , Mrs. Blackburn , Mr. Chaffetz , Mr. Huizenga of Michigan , Mr. Labrador , Mrs. Lummis , Mr. Miller of Florida , Mr. Bentivolio , and Mr. Schweikert ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To require that the Government prioritize all obligations on the debt held by the public in the event that the debt limit is reached.
1. Short title This Act may be cited as the Full Faith and Credit Act . 2. Findings Congress finds that: (1) The Act of Congress establishing the Treasury Department of 1789 states that the Secretary of the Treasury shall prepare plans for improving and managing the revenue of the United States Government and for the support of the public credit. (2) Section 321 of title 31, United States Code, codifies the duty to prepare plans for improving and managing receipts of the United States Government and managing the public debt . (3) In carrying out the statutory responsibilities to support of the public credit and managing the public debt the Secretary shall take all necessary actions to ensure all obligations of the United States Government with regard to debt held by the public are fully discharged when due. (4) Such actions may include the forgoing of obligations not related to debt held by the public for a period of time deemed necessary by the Secretary as authorized under section 324 of title 31, United States Code, which states that— (a) The Secretary of the Treasury may— (1) dispose of obligations— (A) acquired by the Secretary for the United States Government; or (B) delivered by an executive agency; and (2) make arrangements to extend the maturity of those obligations. (b) The Secretary may dispose or extend the maturity of obligations under subsection (a) of this section in the way, in amounts, at prices (for cash, obligations, property, or a combination of cash, obligations, or property), and on conditions the Secretary considers advisable and in the public interest. . 3. Duty to protect the full faith and credit of the United States Government (a) In general In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, the authority of the Department of the Treasury provided in section 3123 of title 31, United States Code, to pay with legal tender the principal and interest on debt held by the public shall take priority over all other obligations incurred by the Government of the United States. (b) Special rule for insufficiency of funds Section 324 of title 31, United States Code, is amended by redesignating subsection (c) as subsection (e), and by inserting after subsection (b) the following: (c) If the Secretary expects that there will be insufficient funds available to dispose of all obligations consisting of interest and principal of the debt held by the public on the next calendar day on which such obligations are due, then the Secretary shall extend the maturities of any other obligations under section (a) and refuse to issue warrants under section 321(a)(3) to the extent necessary to provide such funds as the Secretary deems prudent to dispose of obligations consisting of interest and principal of the debt held by the public for no less than the next 30 calendar days. (d) To the extent receipts exceed those required to meet the Secretary’s obligation under subsection (c), the Secretary shall prioritize the disposal of obligations under subsection (a) and issuance of warrants under section 321(a)(3) in that order the Secretary considers advisable and in the public interest. . |
113-hr-807-rfs-dtd | 113-hr-807 | 113 | hr | 807 | rfs | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr807rfs.xml | BILLS-113hr807rfs.xml | 2023-01-07 11:21:03.695 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
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<dc:title>
113 HR 807 : Full Faith and Credit Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-05-13
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
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IIB
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 807
</legis-num>
<current-chamber display="yes">
IN THE SENATE OF THE UNITED
STATES
</current-chamber>
<action>
<action-date date="20130513">
May 13, 2013
</action-date>
<action-desc>
Received; read twice and referred to the
<committee-name committee-id="SSFI00">
Committee on
Finance
</committee-name>
</action-desc>
</action>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
To require that the Government prioritize
all obligations on the debt held by the public in the event that the debt limit
is reached.
</official-title>
</form>
<legis-body id="HF70AAABC365A468B98B266ADF02EE0A3" style="OLC">
<section id="H78090C5AE57343C7B7BFFB2EE53ED4D0" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Full Faith and Credit
Act
</short-title>
</quote>
.
</text>
</section>
<section id="HF731E33286A34887AC02AE64A6BEEB32" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Payment of principal
and interest on public debt and social security trust funds
</header>
<subsection display-inline="no-display-inline" id="HFC1B7260673F4BA0BFC74C0E40732260">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
In the event that the
debt of the United States Government, as defined in
section
3101 of title 31, United States Code, reaches the statutory
limit, the Secretary of the Treasury shall, in addition to any other authority
provided by law, issue obligations under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/31/31">
chapter 31
</external-xref>
of title 31,
United States Code, to pay with legal tender, and solely for the purpose of
paying, the principal and interest on obligations of the United States
described in subsection (b) after the date of the enactment of this Act.
</text>
</subsection>
<subsection id="H6B87B6C66E5643169DAB219D9D2CC626">
<enum>
(b)
</enum>
<header>
Obligations
described
</header>
<text display-inline="yes-display-inline">
For purposes of
this subsection, obligations described in this subsection are obligations which
are—
</text>
<paragraph id="H8E7B97FE92AC4979BA09A5D60F65D151">
<enum>
(1)
</enum>
<text>
held by the
public, or
</text>
</paragraph>
<paragraph id="HD49526734C854D7D9335960DFA6A7B3D">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
held by the Old-Age and Survivors Insurance
Trust Fund and Disability Insurance Trust Fund.
</text>
</paragraph>
</subsection>
<subsection id="HBD7ABE3AAC2A48858E660BE839466188">
<enum>
(c)
</enum>
<header>
Prohibition on
compensation for Members of Congress
</header>
<text display-inline="yes-display-inline">
None of the obligations issued under
subsection (a) may be used to pay compensation for Members of Congress.
</text>
</subsection>
<subsection id="H58446EF7DEEF456ABFE4D149638D6AEC">
<enum>
(d)
</enum>
<header>
Obligations
exempt from public debt limit
</header>
<text display-inline="yes-display-inline">
Obligations issued under subsection (a)
shall not be taken into account in applying the limitation in
section
3101(b) of title 31, United States Code, to the extent that
such obligation would otherwise cause the limitation in
section
3101(b) of title 31, United States Code, to be exceeded.
</text>
</subsection>
<subsection commented="no" id="H43D0F2C252F14CFA94490AC7346DF375">
<enum>
(e)
</enum>
<header>
Report on
certain actions
</header>
<paragraph commented="no" id="H6947A35571D84E16A922931E85148FD9">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
If, after the date of the enactment of this Act, the
Secretary of the Treasury exercises his authority under subsection (a), the
Secretary shall thereafter submit a report each week the authority is in use
providing an accounting relating to—
</text>
<subparagraph id="H2EC1B38261464891B94A7FE2106F4FDA">
<enum>
(A)
</enum>
<text>
the principal on
mature obligations and interest that is due or accrued of the United States,
and
</text>
</subparagraph>
<subparagraph id="H5557E36DA92A4D8BA35E87B453A89CB2">
<enum>
(B)
</enum>
<text>
any obligations
issued pursuant to subsection (a).
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HD7198C19468C46F19FBC0F095CF3F581">
<enum>
(2)
</enum>
<header>
Submission
</header>
<text>
The
report required by paragraph (1) shall be submitted to the Committee on
<pagebreak/>
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20130509">
Passed the House of
Representatives May 9, 2013.
</attestation-date>
<attestor display="yes">
Karen L. Haas,
</attestor>
<role>
Clerk
</role>
</attestation-group>
</attestation>
</bill>
| IIB 113th CONGRESS 1st Session H. R. 807 IN THE SENATE OF THE UNITED STATES May 13, 2013 Received; read twice and referred to the Committee on Finance AN ACT To require that the Government prioritize all obligations on the debt held by the public in the event that the debt limit is reached.
1. Short title This Act may be cited as the Full Faith and Credit Act . 2. Payment of principal and interest on public debt and social security trust funds (a) In general In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, the Secretary of the Treasury shall, in addition to any other authority provided by law, issue obligations under chapter 31 of title 31, United States Code, to pay with legal tender, and solely for the purpose of paying, the principal and interest on obligations of the United States described in subsection (b) after the date of the enactment of this Act. (b) Obligations described For purposes of this subsection, obligations described in this subsection are obligations which are— (1) held by the public, or (2) held by the Old-Age and Survivors Insurance Trust Fund and Disability Insurance Trust Fund. (c) Prohibition on compensation for Members of Congress None of the obligations issued under subsection (a) may be used to pay compensation for Members of Congress. (d) Obligations exempt from public debt limit Obligations issued under subsection (a) shall not be taken into account in applying the limitation in section 3101(b) of title 31, United States Code, to the extent that such obligation would otherwise cause the limitation in section 3101(b) of title 31, United States Code, to be exceeded. (e) Report on certain actions (1) In general If, after the date of the enactment of this Act, the Secretary of the Treasury exercises his authority under subsection (a), the Secretary shall thereafter submit a report each week the authority is in use providing an accounting relating to— (A) the principal on mature obligations and interest that is due or accrued of the United States, and (B) any obligations issued pursuant to subsection (a). (2) Submission The report required by paragraph (1) shall be submitted to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.
Passed the House of Representatives May 9, 2013. Karen L. Haas, Clerk |
113-hr-807-rh-dtd | 113-hr-807 | 113 | hr | 807 | rh | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr807rh.xml | BILLS-113hr807rh.xml | 2023-01-08 17:23:18.260 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Reported-in-House" bill-type="olc" dms-id="H4BA8C6FE360A465C9A20FC0D9EDABC13" public-private="public">
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<dc:title>
113 HR 807 RH: Full Faith and Credit Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-04-30
</dc:date>
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text/xml
</dc:format>
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EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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</metadata>
<form>
<distribution-code display="yes">
IB
</distribution-code>
<calendar display="yes">
Union Calendar No. 29
</calendar>
<congress display="yes">
113th CONGRESS
</congress>
<session display="yes">
1st Session
</session>
<legis-num>
H. R. 807
</legis-num>
<associated-doc display="yes" role="report">
[Report No.
113–48]
</associated-doc>
<current-chamber display="yes">
IN THE HOUSE OF
REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="M001177">
Mr. McClintock
</sponsor>
(for
himself,
<cosponsor name-id="S001176">
Mr. Scalise
</cosponsor>
,
<cosponsor name-id="J000289">
Mr. Jordan
</cosponsor>
,
<cosponsor name-id="P000591">
Mr. Price of Georgia
</cosponsor>
,
<cosponsor name-id="H001036">
Mr. Hensarling
</cosponsor>
,
<cosponsor name-id="G000548">
Mr. Garrett
</cosponsor>
,
<cosponsor name-id="C001053">
Mr. Cole
</cosponsor>
,
<cosponsor name-id="Y000064">
Mr. Young of Indiana
</cosponsor>
,
<cosponsor name-id="F000448">
Mr. Franks of Arizona
</cosponsor>
,
<cosponsor name-id="F000450">
Ms. Foxx
</cosponsor>
,
<cosponsor name-id="C001093">
Mr. Collins of Georgia
</cosponsor>
,
<cosponsor name-id="M001182">
Mr. Mulvaney
</cosponsor>
,
<cosponsor name-id="R000409">
Mr. Rohrabacher
</cosponsor>
,
<cosponsor name-id="L000578">
Mr. LaMalfa
</cosponsor>
,
<cosponsor name-id="D000615">
Mr. Duncan of South Carolina
</cosponsor>
,
<cosponsor name-id="B001275">
Mr. Bucshon
</cosponsor>
,
<cosponsor name-id="B001243">
Mrs. Blackburn
</cosponsor>
,
<cosponsor name-id="C001076">
Mr. Chaffetz
</cosponsor>
,
<cosponsor name-id="H001058">
Mr. Huizenga of Michigan
</cosponsor>
,
<cosponsor name-id="L000573">
Mr. Labrador
</cosponsor>
,
<cosponsor name-id="L000571">
Mrs. Lummis
</cosponsor>
,
<cosponsor name-id="M001144">
Mr. Miller of Florida
</cosponsor>
,
<cosponsor name-id="B001280">
Mr. Bentivolio
</cosponsor>
, and
<cosponsor name-id="S001183">
Mr. Schweikert
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name added-display-style="italic" committee-id="HWM00" deleted-display-style="strikethrough">
Committee on Ways and
Means
</committee-name>
</action-desc>
</action>
<action>
<action-date date="20130430">
April 30, 2013
</action-date>
<action-desc>
Additional sponsors:
<cosponsor name-id="H000067">
Mr.
Hall
</cosponsor>
,
<cosponsor name-id="R000587">
Mr. Ribble
</cosponsor>
,
<cosponsor name-id="C000266">
Mr. Chabot
</cosponsor>
,
<cosponsor name-id="C001062">
Mr. Conaway
</cosponsor>
,
<cosponsor name-id="F000461">
Mr. Flores
</cosponsor>
,
<cosponsor name-id="W000812">
Mrs. Wagner
</cosponsor>
,
<cosponsor name-id="W000795">
Mr. Wilson of South Carolina
</cosponsor>
,
<cosponsor name-id="P000602">
Mr. Pompeo
</cosponsor>
,
<cosponsor name-id="W000798">
Mr. Walberg
</cosponsor>
,
<cosponsor name-id="B001274">
Mr. Brooks of Alabama
</cosponsor>
,
<cosponsor name-id="F000459">
Mr. Fleischmann
</cosponsor>
,
<cosponsor name-id="P000373">
Mr. Pitts
</cosponsor>
,
<cosponsor name-id="P000599">
Mr. Posey
</cosponsor>
,
<cosponsor name-id="B001282">
Mr. Barr
</cosponsor>
,
<cosponsor name-id="O000168">
Mr. Olson
</cosponsor>
,
<cosponsor name-id="B001273">
Mrs.
Black
</cosponsor>
,
<cosponsor name-id="G000567">
Mr. Griffin of
Arkansas
</cosponsor>
,
<cosponsor name-id="B001262">
Mr. Broun of
Georgia
</cosponsor>
,
<cosponsor name-id="Y000063">
Mr. Yoder
</cosponsor>
,
<cosponsor name-id="S001188">
Mr. Stutzman
</cosponsor>
,
<cosponsor name-id="L000576">
Mr. Long
</cosponsor>
,
<cosponsor name-id="P000606">
Mr. Pittenger
</cosponsor>
,
<cosponsor name-id="W000796">
Mr.
Westmoreland
</cosponsor>
,
<cosponsor name-id="L000569">
Mr.
Luetkemeyer
</cosponsor>
,
<cosponsor name-id="D000614">
Mr. Duffy
</cosponsor>
,
<cosponsor name-id="H001059">
Mr. Hultgren
</cosponsor>
,
<cosponsor name-id="C001096">
Mr. Cramer
</cosponsor>
,
<cosponsor name-id="M001190">
Mr. Mullin
</cosponsor>
,
<cosponsor name-id="B001283">
Mr. Bridenstine
</cosponsor>
,
<cosponsor name-id="R000592">
Mr. Rokita
</cosponsor>
,
<cosponsor name-id="G000566">
Mr. Gowdy
</cosponsor>
,
<cosponsor name-id="Y000065">
Mr. Yoho
</cosponsor>
,
<cosponsor name-id="S000018">
Mr. Salmon
</cosponsor>
,
<cosponsor name-id="B001256">
Mrs.
Bachmann
</cosponsor>
,
<cosponsor name-id="D000621">
Mr. DeSantis
</cosponsor>
,
<cosponsor name-id="G000563">
Mr. Gibbs
</cosponsor>
,
<cosponsor name-id="M001187">
Mr. Meadows
</cosponsor>
,
<cosponsor name-id="A000367">
Mr. Amash
</cosponsor>
,
<cosponsor name-id="B001284">
Mrs. Brooks of Indiana
</cosponsor>
,
<cosponsor name-id="F000445">
Mr. Forbes
</cosponsor>
,
<cosponsor name-id="C000059">
Mr. Calvert
</cosponsor>
,
<cosponsor name-id="D000616">
Mr. DesJarlais
</cosponsor>
,
<cosponsor name-id="M001189">
Mr. Messer
</cosponsor>
,
<cosponsor name-id="K000362">
Mr. King of Iowa
</cosponsor>
,
<cosponsor name-id="B001271">
Mr. Benishek
</cosponsor>
,
<cosponsor name-id="H001067">
Mr. Hudson
</cosponsor>
,
<cosponsor name-id="H001065">
Mr. Holding
</cosponsor>
,
<cosponsor name-id="R000582">
Mr. Roe of Tennessee
</cosponsor>
,
<cosponsor name-id="R000596">
Mr. Radel
</cosponsor>
,
<cosponsor name-id="K000363">
Mr. Kline
</cosponsor>
,
<cosponsor name-id="W000815">
Mr. Wenstrup
</cosponsor>
,
<cosponsor name-id="C001087">
Mr. Crawford
</cosponsor>
,
<cosponsor name-id="E000291">
Mrs. Ellmers
</cosponsor>
,
<cosponsor name-id="C000556">
Mr. Coble
</cosponsor>
,
<cosponsor name-id="C001064">
Mr. Campbell
</cosponsor>
,
<cosponsor name-id="G000565">
Mr. Gosar
</cosponsor>
,
<cosponsor name-id="F000456">
Mr. Fleming
</cosponsor>
,
<cosponsor name-id="R000585">
Mr. Reed
</cosponsor>
,
<cosponsor name-id="B001250">
Mr. Bishop of Utah
</cosponsor>
,
<cosponsor name-id="W000810">
Mr. Woodall
</cosponsor>
,
<cosponsor name-id="G000546">
Mr.
Graves of Missouri
</cosponsor>
,
<cosponsor name-id="L000575">
Mr.
Lankford
</cosponsor>
,
<cosponsor name-id="W000813">
Mrs. Walorski
</cosponsor>
,
<cosponsor name-id="N000186">
Mr. Nunnelee
</cosponsor>
,
<cosponsor name-id="L000566">
Mr. Latta
</cosponsor>
,
<cosponsor name-id="P000605">
Mr. Perry
</cosponsor>
,
<cosponsor name-id="R000487">
Mr. Royce
</cosponsor>
,
<cosponsor name-id="T000238">
Mr. Thornberry
</cosponsor>
,
<cosponsor name-id="R000598">
Mr. Rothfus
</cosponsor>
,
<cosponsor name-id="G000550">
Mr. Gingrey of Georgia
</cosponsor>
,
<cosponsor name-id="R000580">
Mr. Roskam
</cosponsor>
,
<cosponsor name-id="B000213">
Mr. Barton
</cosponsor>
,
<cosponsor name-id="S000250">
Mr. Sessions
</cosponsor>
,
<cosponsor name-id="L000491">
Mr. Lucas
</cosponsor>
,
<cosponsor name-id="J000292">
Mr. Johnson of Ohio
</cosponsor>
,
<cosponsor name-id="C001092">
Mr. Collins of New York
</cosponsor>
,
<cosponsor name-id="N000185">
Mr. Nugent
</cosponsor>
,
<cosponsor name-id="M001180">
Mr. McKinley
</cosponsor>
,
<cosponsor name-id="H001052">
Mr. Harris
</cosponsor>
,
<cosponsor name-id="C001095">
Mr. Cotton
</cosponsor>
,
<cosponsor name-id="S001192">
Mr. Stewart
</cosponsor>
,
<cosponsor name-id="N000182">
Mr. Neugebauer
</cosponsor>
, and
<cosponsor name-id="B001248">
Mr. Burgess
</cosponsor>
</action-desc>
</action>
<action>
<action-date date="20130430">
April 30, 2013
</action-date>
<action-desc>
Reported with an amendment, committed to the Committee of
the Whole House on the State of the Union, and ordered to be
printed
</action-desc>
<action-instruction>
Strike out all after the enacting clause and insert
the part printed in italic
</action-instruction>
</action>
<legis-type>
A BILL
</legis-type>
<official-title display="yes">
To require that the Government prioritize
all obligations on the debt held by the public in the event that the debt limit
is reached.
<pagebreak/>
</official-title>
</form>
<legis-body changed="deleted" committee-id="HWM00" id="H80A550458E8240698052DE02843785D8" reported-display-style="strikethrough" style="OLC">
<section id="HA785F254E26A49FFA9DFB1EDC119D30C" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Full Faith and Credit
Act
</short-title>
</quote>
.
</text>
</section>
<section id="HB4FB99AB6D2E4E5D93A6AB025F09114E">
<enum>
2.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
Congress finds that:
</text>
<paragraph id="HFBEBFC6D47D04E67A500C458E0AE32D7">
<enum>
(1)
</enum>
<text>
The Act of
Congress establishing the Treasury Department of 1789 states that the Secretary
of the Treasury shall prepare plans for improving and managing the revenue of
the United States Government and for the support of the public credit.
</text>
</paragraph>
<paragraph id="HFCFA73175964444289F3E470272BC4B9">
<enum>
(2)
</enum>
<text>
Section 321 of
title 31, United States Code, codifies the duty
<quote>
to prepare plans for
improving and managing receipts of the United States Government and managing
the public debt
</quote>
.
</text>
</paragraph>
<paragraph id="H8EEAF2F6BD7D49658DB6F51D1131F157">
<enum>
(3)
</enum>
<text>
In carrying out
the statutory responsibilities to
<quote>
support of the public credit
</quote>
and
<quote>
managing the public debt
</quote>
the Secretary shall take all
necessary actions to ensure all obligations of the United States Government
with regard to debt held by the public are fully discharged when due.
</text>
</paragraph>
<paragraph id="H70A75A8C9E4F41878E96AA06FE907364">
<enum>
(4)
</enum>
<text>
Such actions may
include the forgoing of obligations not related to debt held by the public for
a period of time deemed necessary by the Secretary as authorized under section
324 of title 31, United States Code, which states that—
</text>
<quoted-block changed="deleted" committee-id="HWM00" display-inline="no-display-inline" id="HD18E5DF57F764FBB81C161F0F8BC1A94" reported-display-style="strikethrough" style="USC">
<subsection id="H82EF4CFB82D14592B20427B73DA82CAB">
<enum>
(a)
</enum>
<text display-inline="yes-display-inline">
The Secretary of the Treasury may—
</text>
<paragraph id="HEE27AD8C7B5A48B2A455F1B9A4D70F98">
<enum>
(1)
</enum>
<text>
dispose of
obligations—
</text>
<subparagraph id="H9E2CB6200D2444289AD4706007D9C46D">
<enum>
(A)
</enum>
<text>
acquired by the
Secretary for the United States Government; or
</text>
</subparagraph>
<subparagraph id="H5DE1FFD56FA44C90BA39751EC783B422">
<enum>
(B)
</enum>
<text>
delivered by an
executive agency; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H582B2E789A184818A7236C6F7AED3592">
<enum>
(2)
</enum>
<text>
make arrangements
to extend the maturity of those obligations.
</text>
</paragraph>
</subsection>
<subsection id="HC0BBA5B571084A5A9C243804D5AA012A">
<enum>
(b)
</enum>
<text>
The Secretary may
dispose or extend the maturity of obligations under subsection (a) of this
section in the way, in amounts, at prices (for cash, obligations, property, or
a combination of cash, obligations, or property), and on conditions the
Secretary considers advisable and in the public
interest.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H9FD32C1310D1498D8E9719A0A9B970A0">
<enum>
3.
</enum>
<header>
Duty to protect
the full faith and credit of the United States Government
</header>
<subsection id="H7E74DFDAD5424AC3AE5CB91127005842">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
In the event that the
debt of the United States Government, as defined in
<external-xref legal-doc="usc" parsable-cite="usc/31/3101">
section 3101
</external-xref>
of title 31,
United States Code, reaches the statutory limit, the authority of the
Department of the Treasury provided in
<external-xref legal-doc="usc" parsable-cite="usc/31/3123">
section 3123
</external-xref>
of title 31, United States
Code, to pay with legal tender the principal and interest on debt held by the
public shall take priority over all other obligations incurred by the
Government of the United States.
</text>
</subsection>
<subsection id="H5EF03E25003E4846B9C0345480F5A0BC">
<enum>
(b)
</enum>
<header>
Special rule for
insufficiency of funds
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/31/324">
Section 324
</external-xref>
of title 31, United States
Code, is amended by redesignating subsection (c) as subsection (e), and by
inserting after subsection (b) the following:
</text>
<quoted-block changed="deleted" committee-id="HWM00" display-inline="no-display-inline" id="H0FD944ACE9F74A48BFA7164F40B03BCF" reported-display-style="strikethrough" style="USC">
<subsection id="H67F7D8DFDB974E3090E586B2D012C3FA">
<enum>
(c)
</enum>
<text display-inline="yes-display-inline">
If the Secretary expects that there will be
insufficient funds available to dispose of all obligations consisting of
interest and principal of the debt held by the public on the next calendar day
on which such obligations are due, then the Secretary shall extend the
maturities of any other obligations under section (a) and refuse to issue
warrants under section 321(a)(3) to the extent necessary to provide such funds
as the Secretary deems prudent to dispose of obligations consisting of interest
and principal of the debt held by the public for no less than the next 30
calendar days.
</text>
</subsection>
<subsection id="HDD9182DA7BDE4A7AA29EFF9855949D81">
<enum>
(d)
</enum>
<text display-inline="yes-display-inline">
To the extent receipts exceed those
required to meet the Secretary’s obligation under subsection (c), the Secretary
shall prioritize the disposal of obligations under subsection (a) and issuance
of warrants under section 321(a)(3) in that order the Secretary considers
advisable and in the public
interest.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
</legis-body>
<legis-body changed="added" committee-id="HWM00" display-enacting-clause="no-display-enacting-clause" id="H1CE5D6CB160B4F3ABD6EB2D24509C814" reported-display-style="italic" style="OLC">
<section id="HA42DCCF8118F42A2BF8D16260632D4FD" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
Full
Faith and Credit Act
</quote>
.
</text>
</section>
<section id="H3339D53E2351454386A1EC1DC55C1D96" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Payment of principal
and interest on public debt and social security trust funds
</header>
<subsection display-inline="no-display-inline" id="HC8557AA0177C4ACF9B9838BFD39B987A">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
In the event that the
debt of the United States Government, as defined in
<external-xref legal-doc="usc" parsable-cite="usc/31/3101">
section 3101
</external-xref>
of title 31,
United States Code, reaches the statutory limit, the Secretary of the Treasury
shall, in addition to any other authority provided by law, issue obligations
under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/31/31">
chapter 31
</external-xref>
of title 31, United States Code, to pay with legal tender, and
solely for the purpose of paying, the principal and interest on obligations of
the United States described in subsection (b) after the date of the enactment
of this Act.
</text>
</subsection>
<subsection id="HBF40863431B348EEB9F38763879FE1FC">
<enum>
(b)
</enum>
<header>
Obligations
described
</header>
<text display-inline="yes-display-inline">
For purposes of
this subsection, obligations described in this subsection are obligations which
are—
</text>
<paragraph id="H8AC8ADA0F71E42FEA4B8823F12401E99">
<enum>
(1)
</enum>
<text>
held by the public,
or
</text>
</paragraph>
<paragraph id="H1CD901A7D59246BFBD8D85ACAE617A02">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
held by the Old-Age and Survivors Insurance
Trust Fund and Disability Insurance Trust Fund.
</text>
</paragraph>
</subsection>
<subsection id="H4533F334D7F9410FBE380B48579E7476">
<enum>
(c)
</enum>
<header>
Obligations exempt from
public debt limit
</header>
<text display-inline="yes-display-inline">
Obligations
issued under subsection (a) shall not be taken into account in applying the
limitation in
<external-xref legal-doc="usc" parsable-cite="usc/31/3101">
section 3101(b)
</external-xref>
of title 31, United States Code, to the extent
that such obligation would otherwise cause the limitation in section 3101(b) of
title 31, United States Code, to be exceeded.
</text>
</subsection>
<subsection commented="no" id="HCEB6043D96F84C21B4BDA8BFC811C814">
<enum>
(d)
</enum>
<header>
Report on certain
actions
</header>
<paragraph commented="no" id="HFF9C92205F454A7EB9BA0F12FC79C2D9">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
If, after the date of the enactment of this Act, the
Secretary of the Treasury exercises his authority under subsection (a), the
Secretary shall thereafter submit a report each week providing an accounting
relating to—
</text>
<subparagraph id="HA0D88626A42649298B977CEE55EA3C2C">
<enum>
(A)
</enum>
<text>
the principal on mature
obligations and interest that is due or accrued of the United States,
and
</text>
</subparagraph>
<subparagraph id="HBBA522B391E145AAA67038D0DE0A5E5E">
<enum>
(B)
</enum>
<text>
any obligations issued
pursuant to subsection (a).
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HC5F8D65FC26B42FFA6A7DC32B3D4ACF9">
<enum>
(2)
</enum>
<header>
Submission
</header>
<text>
The
report required by paragraph (1) shall be submitted to the Committee on Ways
and Means of the House of Representatives and the Committee on Finance of the
Senate.
</text>
</paragraph>
<paragraph commented="no" id="H20F5DAF1B117468194F096157C3BC1F9">
<enum>
(3)
</enum>
<header>
Termination
</header>
<text display-inline="yes-display-inline">
The report requirement under paragraph (1)
shall cease to apply after the date of the enactment of the first increase in
the limitation in section 3101(b), United States Code, after the date of the
enactment of this Act.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
<endorsement display="yes">
<action-date date="20130430">
April 30, 2013
</action-date>
<action-desc>
Reported with an amendment, committed to the Committee of
the Whole House on the State of the Union, and ordered to be
printed
</action-desc>
</endorsement>
</bill>
| IB Union Calendar No. 29 113th CONGRESS 1st Session H. R. 807 [Report No. 113–48] IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. McClintock (for himself, Mr. Scalise , Mr. Jordan , Mr. Price of Georgia , Mr. Hensarling , Mr. Garrett , Mr. Cole , Mr. Young of Indiana , Mr. Franks of Arizona , Ms. Foxx , Mr. Collins of Georgia , Mr. Mulvaney , Mr. Rohrabacher , Mr. LaMalfa , Mr. Duncan of South Carolina , Mr. Bucshon , Mrs. Blackburn , Mr. Chaffetz , Mr. Huizenga of Michigan , Mr. Labrador , Mrs. Lummis , Mr. Miller of Florida , Mr. Bentivolio , and Mr. Schweikert ) introduced the following bill; which was referred to the Committee on Ways and Means April 30, 2013 Additional sponsors: Mr. Hall , Mr. Ribble , Mr. Chabot , Mr. Conaway , Mr. Flores , Mrs. Wagner , Mr. Wilson of South Carolina , Mr. Pompeo , Mr. Walberg , Mr. Brooks of Alabama , Mr. Fleischmann , Mr. Pitts , Mr. Posey , Mr. Barr , Mr. Olson , Mrs. Black , Mr. Griffin of Arkansas , Mr. Broun of Georgia , Mr. Yoder , Mr. Stutzman , Mr. Long , Mr. Pittenger , Mr. Westmoreland , Mr. Luetkemeyer , Mr. Duffy , Mr. Hultgren , Mr. Cramer , Mr. Mullin , Mr. Bridenstine , Mr. Rokita , Mr. Gowdy , Mr. Yoho , Mr. Salmon , Mrs. Bachmann , Mr. DeSantis , Mr. Gibbs , Mr. Meadows , Mr. Amash , Mrs. Brooks of Indiana , Mr. Forbes , Mr. Calvert , Mr. DesJarlais , Mr. Messer , Mr. King of Iowa , Mr. Benishek , Mr. Hudson , Mr. Holding , Mr. Roe of Tennessee , Mr. Radel , Mr. Kline , Mr. Wenstrup , Mr. Crawford , Mrs. Ellmers , Mr. Coble , Mr. Campbell , Mr. Gosar , Mr. Fleming , Mr. Reed , Mr. Bishop of Utah , Mr. Woodall , Mr. Graves of Missouri , Mr. Lankford , Mrs. Walorski , Mr. Nunnelee , Mr. Latta , Mr. Perry , Mr. Royce , Mr. Thornberry , Mr. Rothfus , Mr. Gingrey of Georgia , Mr. Roskam , Mr. Barton , Mr. Sessions , Mr. Lucas , Mr. Johnson of Ohio , Mr. Collins of New York , Mr. Nugent , Mr. McKinley , Mr. Harris , Mr. Cotton , Mr. Stewart , Mr. Neugebauer , and Mr. Burgess April 30, 2013 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic A BILL To require that the Government prioritize all obligations on the debt held by the public in the event that the debt limit is reached.
1. Short title This Act may be cited as the Full Faith and Credit Act . 2. Findings Congress finds that: (1) The Act of Congress establishing the Treasury Department of 1789 states that the Secretary of the Treasury shall prepare plans for improving and managing the revenue of the United States Government and for the support of the public credit. (2) Section 321 of title 31, United States Code, codifies the duty to prepare plans for improving and managing receipts of the United States Government and managing the public debt . (3) In carrying out the statutory responsibilities to support of the public credit and managing the public debt the Secretary shall take all necessary actions to ensure all obligations of the United States Government with regard to debt held by the public are fully discharged when due. (4) Such actions may include the forgoing of obligations not related to debt held by the public for a period of time deemed necessary by the Secretary as authorized under section 324 of title 31, United States Code, which states that— (a) The Secretary of the Treasury may— (1) dispose of obligations— (A) acquired by the Secretary for the United States Government; or (B) delivered by an executive agency; and (2) make arrangements to extend the maturity of those obligations. (b) The Secretary may dispose or extend the maturity of obligations under subsection (a) of this section in the way, in amounts, at prices (for cash, obligations, property, or a combination of cash, obligations, or property), and on conditions the Secretary considers advisable and in the public interest. . 3. Duty to protect the full faith and credit of the United States Government (a) In general In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, the authority of the Department of the Treasury provided in section 3123 of title 31, United States Code, to pay with legal tender the principal and interest on debt held by the public shall take priority over all other obligations incurred by the Government of the United States. (b) Special rule for insufficiency of funds Section 324 of title 31, United States Code, is amended by redesignating subsection (c) as subsection (e), and by inserting after subsection (b) the following: (c) If the Secretary expects that there will be insufficient funds available to dispose of all obligations consisting of interest and principal of the debt held by the public on the next calendar day on which such obligations are due, then the Secretary shall extend the maturities of any other obligations under section (a) and refuse to issue warrants under section 321(a)(3) to the extent necessary to provide such funds as the Secretary deems prudent to dispose of obligations consisting of interest and principal of the debt held by the public for no less than the next 30 calendar days. (d) To the extent receipts exceed those required to meet the Secretary’s obligation under subsection (c), the Secretary shall prioritize the disposal of obligations under subsection (a) and issuance of warrants under section 321(a)(3) in that order the Secretary considers advisable and in the public interest. .
1. Short title This Act may be cited as the Full Faith and Credit Act . 2. Payment of principal and interest on public debt and social security trust funds (a) In general In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, the Secretary of the Treasury shall, in addition to any other authority provided by law, issue obligations under chapter 31 of title 31, United States Code, to pay with legal tender, and solely for the purpose of paying, the principal and interest on obligations of the United States described in subsection (b) after the date of the enactment of this Act. (b) Obligations described For purposes of this subsection, obligations described in this subsection are obligations which are— (1) held by the public, or (2) held by the Old-Age and Survivors Insurance Trust Fund and Disability Insurance Trust Fund. (c) Obligations exempt from public debt limit Obligations issued under subsection (a) shall not be taken into account in applying the limitation in section 3101(b) of title 31, United States Code, to the extent that such obligation would otherwise cause the limitation in section 3101(b) of title 31, United States Code, to be exceeded. (d) Report on certain actions (1) In general If, after the date of the enactment of this Act, the Secretary of the Treasury exercises his authority under subsection (a), the Secretary shall thereafter submit a report each week providing an accounting relating to— (A) the principal on mature obligations and interest that is due or accrued of the United States, and (B) any obligations issued pursuant to subsection (a). (2) Submission The report required by paragraph (1) shall be submitted to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (3) Termination The report requirement under paragraph (1) shall cease to apply after the date of the enactment of the first increase in the limitation in section 3101(b), United States Code, after the date of the enactment of this Act.
April 30, 2013 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |
113-hr-808-ih-dtd | 113-hr-808 | 113 | hr | 808 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr808ih.xml | BILLS-113hr808ih.xml | 2023-01-08 17:37:47.823 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HD56B62F4CCD94923A8D0952EA158D22E" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 808 IH: Department of Peacebuilding Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-25
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 808
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="L000551">
Ms. Lee of California
</sponsor>
(for herself,
<cosponsor name-id="C000714">
Mr. Conyers
</cosponsor>
,
<cosponsor name-id="H001063">
Ms. Hahn
</cosponsor>
,
<cosponsor name-id="P000598">
Mr. Polis
</cosponsor>
,
<cosponsor name-id="C001067">
Ms.
Clarke
</cosponsor>
,
<cosponsor name-id="P000597">
Ms. Pingree of
Maine
</cosponsor>
,
<cosponsor name-id="A000210">
Mr. Andrews
</cosponsor>
,
<cosponsor name-id="M000312">
Mr. McGovern
</cosponsor>
, and
<cosponsor name-id="M001160">
Ms. Moore
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HGO00">
Committee
on Oversight and Government Reform
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To establish a Department of
Peacebuilding.
</official-title>
</form>
<legis-body id="H95A6F4A985184E5EAFCAB99139F59E37" style="OLC">
<section display-inline="no-display-inline" id="HB74B91FBFD4A480E872371BA5BFAD675" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title; table of
contents
</header>
<subsection id="H1B05D13D6A21492CA1C0E8FAD9582B41">
<enum>
(a)
</enum>
<header>
Short
title
</header>
<text display-inline="yes-display-inline">
This Act may be cited
as the
<quote>
<short-title>
Department of Peacebuilding Act
of 2013
</short-title>
</quote>
.
</text>
</subsection>
<subsection commented="no" id="H15933E71B7BC4061816B5362745AE8F3">
<enum>
(b)
</enum>
<header>
Table of
contents
</header>
<text>
The table of contents for this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="HB74B91FBFD4A480E872371BA5BFAD675" level="section">
Sec. 1. Short title; table of contents.
</toc-entry>
<toc-entry idref="H70A17825EC0A4BF691DDA5DB317EE9F2" level="section">
Sec. 2. Findings.
</toc-entry>
<toc-entry idref="H27378861F42149FBAA2F0846EA680C4B" level="title">
Title I—ESTABLISHMENT OF DEPARTMENT OF PEACEBUILDING
</toc-entry>
<toc-entry idref="H985DDE9104634379AE440BD72B8DDCB8" level="section">
Sec. 101. Establishment of Department of
Peacebuilding.
</toc-entry>
<toc-entry idref="H6EC95A15629749308246E682E4733115" level="section">
Sec. 102. Responsibilities and powers.
</toc-entry>
<toc-entry idref="H11625A8016AC4D3B920E2E777322D5D6" level="section">
Sec. 103. Principal officers.
</toc-entry>
<toc-entry idref="H46C99D7AED1444CD97D0D22839EC956A" level="section">
Sec. 104. Office of Peace Education and Training.
</toc-entry>
<toc-entry idref="H7720160518E5428D9A060D71E6B3D67F" level="section">
Sec. 105. Office of Domestic Peace Activities.
</toc-entry>
<toc-entry idref="HF616E85E5AAD4212A5975F90E953FAC2" level="section">
Sec. 106. Office of International Peace Activities.
</toc-entry>
<toc-entry idref="HDC9FBBD2C31C4E49942F1C1DE053A0F3" level="section">
Sec. 107. Office of Technology for Peace.
</toc-entry>
<toc-entry idref="HB14397980D1246FB9DEE3E4E5743CCED" level="section">
Sec. 108. Office of Arms Control and Disarmament.
</toc-entry>
<toc-entry idref="H148539214D2E43F79F8CCBDF8589554C" level="section">
Sec. 109. Office of Peacebuilding Information and
Research.
</toc-entry>
<toc-entry idref="H73C403153F4749F0B995B77395BDDF9C" level="section">
Sec. 110. Office of Human Rights and Economic
Rights.
</toc-entry>
<toc-entry idref="H42BB64D3C5254FC0830BAC34F4C4EB29" level="section">
Sec. 111. Intergovernmental Advisory Council on
Peace.
</toc-entry>
<toc-entry idref="HA304D22699614B06887869B8117AFB7C" level="section">
Sec. 112. Federal Interagency Committee on Peace.
</toc-entry>
<toc-entry idref="HCA581F22AADD440DBF686D9F1C52A8F7" level="section">
Sec. 113. Staff.
</toc-entry>
<toc-entry idref="H5C31BB636E0C4DD3829E6C40AD4681DE" level="section">
Sec. 114. Consultation required.
</toc-entry>
<toc-entry idref="H02D896CB504B481C9E5EC547976B9E13" level="section">
Sec. 115. Collaboration.
</toc-entry>
<toc-entry idref="HCDECEB23E1C3460FB17E8C2695A52F8F" level="title">
Title II—OTHER MATTERS
</toc-entry>
<toc-entry idref="H29733000AC9845E0993FD0C5CF638BC1" level="section">
Sec. 201. Legislative recommendations of the
Secretary.
</toc-entry>
<toc-entry idref="HA9B8797CCB3A49E5B5EC43A436566C42" level="section">
Sec. 202. Peace Days.
</toc-entry>
<toc-entry idref="H590233B113D94E13B03033796764D51A" level="section">
Sec. 203. Definitions.
</toc-entry>
<toc-entry idref="HD23616191EDF4272A316B8D2EF545F26" level="section">
Sec. 204. Authorization of appropriations.
</toc-entry>
</toc>
</subsection>
</section>
<section display-inline="no-display-inline" id="H70A17825EC0A4BF691DDA5DB317EE9F2" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
Congress finds the following:
</text>
<paragraph id="HFB11A0A1E4D94A3C88B22D9A4BA425E1">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
On July 4, 1776, the Second Continental
Congress unanimously declared the independence of the 13 colonies, and the
achievement of peace was recognized as one of the highest duties of the new
organization of free and independent States by declaring,
<quote>
We hold these
truths to be self-evident, that all Men are created equal, that they are
endowed by their Creator with certain unalienable rights, that among these are
Life, Liberty and the Pursuit of Happiness.
</quote>
</text>
</paragraph>
<paragraph id="H90712F4A37954F90A43806CC0A62B616">
<enum>
(2)
</enum>
<text>
The Constitution
of the United States of America, in its Preamble, further sets forth the
insurance of the cause of peace in stating:
<quote>
We the People of the United
States, in Order to Form a more perfect Union, establish Justice, insure
domestic Tranquility, provide for the common defence, promote the general
Welfare, and secure the Blessings of Liberty to ourselves and our
Posterity
</quote>
.
</text>
</paragraph>
<paragraph id="H522E0CD8D0E74E0895AC7438C5623A80">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
During the course of the 20th century, more
than 100,000,000 people perished in wars. The United States has been at war
over the past decade, with 6,600 members of the Armed Forces and hundreds of
thousands of civilians estimated to have been killed in the conflicts in Iraq
and Afghanistan.
</text>
</paragraph>
<paragraph id="H3E7EEFABC9E44F918DCFD8F6FA3B07C2">
<enum>
(4)
</enum>
<text>
Every year 300,000
people are killed by gun violence around the world. In the United States,
100,000 people are shot each year in murders, assaults, suicides and suicide
attempts, accidents, and police actions. Over 30,000 people die each year of
gunshot wounds, 12,000 of whom are murdered. Every day, 50 children are shot,
and 8 of those children die.
</text>
</paragraph>
<paragraph id="H3EA0981D5F164D51B31ED05468B0AB31">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
A 2004 World Health Organization report
estimates that interpersonal violence within the United States costs
approximately $300 billion annually, not including war-related costs. The
Centers for Disease Control and Prevention states that an average of 16 people
age 10 to 24 were murdered each day in the United States in 2005. The Pew
Charitable Trust calculates that child abuse and neglect in the United States
cost $103.8 billion in 2007.
</text>
</paragraph>
<paragraph id="H654EA2BEEB4B490484FF4A3CD035CC2D">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
In 1999, the United Nations adopted a
Programme of Action on a Culture of Peace, stating that a culture of peace is
an integral approach to preventing violence and violent conflicts, an
alternative to the culture of war and violence, and is based on education for
peace, the promotion of sustainable economic and social development, respect
for human rights, equality between women and men, democratic participation,
tolerance, and the free flow of information and disarmament. The United Nations
declared the years 2001 through 2010 an International Decade for a Culture of
Peace and Non-Violence for the Children of the World and the United Nations
supports a culture of peace going forward.
</text>
</paragraph>
<paragraph id="H28C7BBBA11FE4E618DC131A0FCC01937">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
On April 4, 2012, the Institute for
Economics and Peace released a United States Peace Index, which assessed
peacefulness at the State and city levels and analyzed the costs associated
with violence and the socio-economic measures associated with peace. While
violence within the United States had declined over the year 2011, violence and
violence containment still cost the average taxpayer $3,257. The total cost of
violence to the United States—including lost productivity from violence—was
conservatively calculated to be over $460 billion.
</text>
</paragraph>
<paragraph id="HAA49A73838864703ABB69B6B33A7696A">
<enum>
(8)
</enum>
<text display-inline="yes-display-inline">
A study by the Institute for Economics and
Peace released September 20, 2012, reports conservative estimates for 2010,
that 15 percent of the gross domestic product of the United States, or $15,000
per taxpayer, was spent on containing violence. The study included government,
corporate, and individual expenditure, regardless of whether it was related to
international affairs such as offshore military activities, or domestic
spending such as dealing with crime and the consequences of crime.
</text>
</paragraph>
<paragraph id="H3E056B9E292F44EC9EA63834DD69B4F1">
<enum>
(9)
</enum>
<text display-inline="yes-display-inline">
Violence prevention is cost effective. For
every dollar spent in violence prevention and peacebuilding, many lives and
many dollars are saved. The philosophy and techniques of nonviolence and the
science of peacebuilding provide tools and techniques that can be applied not
only at the levels of individual and community growth, but also within the
Federal Government and at national and international levels.
</text>
</paragraph>
<paragraph id="H08241DDAA2B14DC8A7FE2496CE010FB4">
<enum>
(10)
</enum>
<text display-inline="yes-display-inline">
Peacebuilding is defined by the United
Nations as a range of measures targeted to reduce the risk of lapsing or
relapsing into conflict by strengthening national capacities at all levels for
conflict management, and to lay the foundations for sustainable peace and
development. Peacebuilding is built upon research into the root causes of
violence in the United States and the world, through promotion and promulgation
of effective policies and programs that ameliorate those root causes of
violence, and through providing all citizens, organizations, and governmental
bodies with opportunities to learn about and practice the essential tools of
nonviolent conflict resolution and peacebuilding.
</text>
</paragraph>
<paragraph id="H6B9CAA22E73D404DBCCABA43FD0440BE">
<enum>
(11)
</enum>
<text display-inline="yes-display-inline">
In 2000, the Earth Charter Commission
released the Earth Charter, an international declaration of fundamental values
and principles created to build a just, sustainable, and peaceful global
society. The preamble of the Earth Charter provides,
<quote>
To move forward we
must recognize that in the midst of a magnificent diversity of cultures and
life forms we are one human family and one Earth community with a common
destiny. We must join together to bring forth a sustainable global society
founded on respect for nature, universal human rights, economic justice, and a
culture of peace.
</quote>
Peacebuilding is working together with all nations to
protect both life and land and hold the Earth in balance.
</text>
</paragraph>
</section>
<title id="H27378861F42149FBAA2F0846EA680C4B">
<enum>
I
</enum>
<header>
ESTABLISHMENT OF
DEPARTMENT OF PEACEBUILDING
</header>
<section id="H985DDE9104634379AE440BD72B8DDCB8">
<enum>
101.
</enum>
<header>
Establishment
of Department of Peacebuilding
</header>
<subsection id="H928A5DF7944B4159AF5DF3C5226DBB3A">
<enum>
(a)
</enum>
<header>
Establishment
</header>
<text>
There
is hereby established a Department of Peacebuilding, that shall—
</text>
<paragraph id="H44D4844E4FA54AD89CDD4F853847B28B">
<enum>
(1)
</enum>
<text>
be a department in
the executive branch of the Federal Government; and
</text>
</paragraph>
<paragraph id="HBBCD325462024833BE6B555C2BF347B2">
<enum>
(2)
</enum>
<text>
be dedicated to
peacebuilding, peacemaking, and the study and promotion of conditions conducive
to both domestic and international peace and a culture of peace.
</text>
</paragraph>
</subsection>
<subsection id="HD733DC7B863F475A8451945DEA1A5953">
<enum>
(b)
</enum>
<header>
Secretary of
Peacebuilding
</header>
<text>
There shall be at the head of the Department a
Secretary of Peacebuilding, who shall be appointed by the President, by and
with the advice and consent of the Senate.
</text>
</subsection>
<subsection id="HFC19FC09705742F9822DACF071AAC95B">
<enum>
(c)
</enum>
<header>
Mission
</header>
<text>
The
Department shall—
</text>
<paragraph id="HF60C593665F746CA89514847917ECF3E">
<enum>
(1)
</enum>
<text>
cultivate peace
and peacebuilding as a strategic national policy objective;
</text>
</paragraph>
<paragraph id="HCD1056954785403C910270511AC90B75">
<enum>
(2)
</enum>
<text>
reduce and prevent
violence in the United States and internationally through peacebuilding and
effective nonviolent conflict resolution;
</text>
</paragraph>
<paragraph id="H080129E99E144951BBD6416D423233AD">
<enum>
(3)
</enum>
<text>
strengthen
nonmilitary means of peacemaking;
</text>
</paragraph>
<paragraph id="HF2E941DE92394C59B403300ED9D7CE4B">
<enum>
(4)
</enum>
<text>
take a proactive,
strategic approach in the development of field-tested, best practices and
policies that promote national and international conflict prevention,
nonviolent intervention, mediation, peaceful resolution of conflict, and
structured mediation of conflict;
</text>
</paragraph>
<paragraph id="H7641DC354779460A838E0039FD6BAD5F">
<enum>
(5)
</enum>
<text>
address matters
both domestic and international in scope;
</text>
</paragraph>
<paragraph id="H3E5213FFD30A43F1B2C3B47D7E87B3DA">
<enum>
(6)
</enum>
<text>
provide an
institutional platform for the growing wealth of expertise in peacebuilding to
dramatically reduce the national and global epidemic of violence;
</text>
</paragraph>
<paragraph id="HF41DAE8ED51249D2B3730E2CF47A3785">
<enum>
(7)
</enum>
<text>
support local
communities in finding, funding, replicating, and expanding programs to reduce
and prevent violence;
</text>
</paragraph>
<paragraph id="H22FBF7A6C6AC47138DBC48790934355E">
<enum>
(8)
</enum>
<text>
invest in
nongovernmental organizations that have implemented successful initiatives to
reduce and prevent violence, both internationally and domestically; and
</text>
</paragraph>
<paragraph commented="no" id="HA950E02BF1D84F13B54324B5FCE69358">
<enum>
(9)
</enum>
<text>
consult with other
Federal agencies to apply and practice the science of peacebuilding in their
respective fields of responsibility.
</text>
</paragraph>
</subsection>
</section>
<section id="H6EC95A15629749308246E682E4733115">
<enum>
102.
</enum>
<header>
Responsibilities
and powers
</header>
<subsection id="H27D51132F8A345C5BDB6A356E00551D1">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall—
</text>
<paragraph id="HFC15DF9521CE41E7B88F2BDC8C7A2892">
<enum>
(1)
</enum>
<text>
work proactively
and interactively with each branch of the Federal Government on all policy
matters relating to conditions of peace;
</text>
</paragraph>
<paragraph id="H34897659125842BE81EF39ECBE576AD5">
<enum>
(2)
</enum>
<text>
call on the
experience and expertise of the people of the United States and seek
participation in the development of policy from private, public, and
nongovernmental organizations;
</text>
</paragraph>
<paragraph id="H91EB4F6C64844640B067C52FFD31E0E8">
<enum>
(3)
</enum>
<text>
monitor and
analyze causative principles of conflict and make policy recommendations for
developing and maintaining peaceful conduct;
</text>
</paragraph>
<paragraph id="HDAC576B0EBF445839015706DB7D66B3A">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
research effective violence reduction
programs and promote and promulgate such programs within Government and
society; and
</text>
</paragraph>
<paragraph id="H11262921944E4E9592FA73666730C6C7">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
consult with private, public, and
nongovernmental organizations to develop a metric model that provides the means
to measure and report progress toward peace in the United States to the
President, Congress, and the people of the United States, and issue reports on
such progress annually.
</text>
</paragraph>
</subsection>
<subsection id="H66F1375D05504C89A87CC988D300994A">
<enum>
(b)
</enum>
<header>
Domestic
responsibilities
</header>
<text>
The Secretary shall collaborate with
governmental and nongovernmental entities and citizens to promote personal and
community security and peace by—
</text>
<paragraph id="H77CF0B7AC29741ACB70C3793011D712E">
<enum>
(1)
</enum>
<text>
developing new
policies and supporting existing policies that effectively address personal and
family violence, including suicide, domestic violence, spousal abuse, child
abuse, and mistreatment of the elderly;
</text>
</paragraph>
<paragraph id="HA2D00BF2C8A64A4E8138EE6D4203A4A9">
<enum>
(2)
</enum>
<text>
creating new
policies and programs and expanding existing policies and programs that
effectively reduce drug and alcohol abuse;
</text>
</paragraph>
<paragraph id="HA733801042C34B7C999B348A414578C3">
<enum>
(3)
</enum>
<text>
developing new
policies and programs and expanding existing policies and programs that
effectively address crime, punishment, and rehabilitation, including—
</text>
<subparagraph id="HBADE980B33494110914A12BEC068842F">
<enum>
(A)
</enum>
<text>
working to reduce
prison recidivism rates;
</text>
</subparagraph>
<subparagraph id="H90BDCE4BDAA5492FBF0334218227CAFE">
<enum>
(B)
</enum>
<text>
supporting the
implementation of nonviolent conflict resolution education and training for
victims, perpetrators, and those who work with them; and
</text>
</subparagraph>
<subparagraph id="H75EE9DAF316143B19AA3DCF9F14FC8BB">
<enum>
(C)
</enum>
<text>
supporting
effective police and community relations;
</text>
</subparagraph>
</paragraph>
<paragraph id="H681AB48DA0E44864B6B2FAD0DAA576EA">
<enum>
(4)
</enum>
<text>
analyzing existing
policies, employing successful, field-tested programs, and developing new
approaches for dealing with the tools of violence, including handguns,
especially among youth;
</text>
</paragraph>
<paragraph id="HF9554ED72DFD4B45981B9761A2588BDF">
<enum>
(5)
</enum>
<text>
developing new and
expanding effective programs that relate to the societal challenges of school
violence, gangs, racial or ethnic violence, violence against gays and lesbians,
and police-community relations disputes;
</text>
</paragraph>
<paragraph id="HB6B10E787D0F44ADBB4508D8DD04DF95">
<enum>
(6)
</enum>
<text>
making policy
recommendations to the Attorney General regarding civil rights and labor
law;
</text>
</paragraph>
<paragraph id="H0CF149D2891643D085E65173666ADFBC">
<enum>
(7)
</enum>
<text>
assisting in the
establishment and funding of community-based violence prevention programs,
including violence prevention counseling and peer mediation in schools and
unarmed civilian peacekeeping at a local level;
</text>
</paragraph>
<paragraph id="H2C75C4D83DA84589842D9A8CC7F3A5EB">
<enum>
(8)
</enum>
<text>
providing
counseling and advocating on behalf of individuals victimized by
violence;
</text>
</paragraph>
<paragraph id="HC6AA2B7C875D47A69254E699F6F49602">
<enum>
(9)
</enum>
<text display-inline="yes-display-inline">
providing for public education programs and
counseling strategies that promote tolerance and respect for the diversity of
the people of the United States with regard to race, religion, creed, gender
and gender identification, sexual orientation, age, ethnicity, and other
perceived difference; and
</text>
</paragraph>
<paragraph id="H5DA55D6DF8C041E3852BF225AF7FD7CE">
<enum>
(10)
</enum>
<text display-inline="yes-display-inline">
supporting local community initiatives that
draw on neighborhood resources to create peace projects that facilitate the
development of conflict resolution and thereby inform and inspire national
policy.
</text>
</paragraph>
</subsection>
<subsection id="H7E08157A91DE43B099A28B3E070737FE">
<enum>
(c)
</enum>
<header>
International
responsibilities
</header>
<text>
The Secretary shall—
</text>
<paragraph id="H5DCF5902FBF9434E86930E897D85FEEA">
<enum>
(1)
</enum>
<text>
advise the
Secretary of Defense and the Secretary of State on matters relating to national
security, including the protection of human rights and the prevention of,
amelioration of, and de-escalation of unarmed and armed international
conflict;
</text>
</paragraph>
<paragraph id="HD6AA6B8C260D49ED86FF27EE8A01A0B2">
<enum>
(2)
</enum>
<text>
contribute to and
participate in the development of training of all United States personnel who
administer post-conflict reconstruction and demobilization in war-torn
societies;
</text>
</paragraph>
<paragraph id="H345C7A9EDAE9476FAB51C69EBC760379">
<enum>
(3)
</enum>
<text>
sponsor country
and regional conflict-prevention and dispute-resolution initiatives, create
special task forces, and draw on local, regional, and national expertise to
develop plans and programs for addressing the root sources of conflict in
troubled areas;
</text>
</paragraph>
<paragraph id="HF9EC60D2DCF64A36B1B356BA9DE00146">
<enum>
(4)
</enum>
<text>
counsel and
advocate on behalf of women victimized by violence, including rape, during
conflict and post-conflict situations;
</text>
</paragraph>
<paragraph id="HC1ECB392D57C494FA9481BC84712E512">
<enum>
(5)
</enum>
<text>
provide for
exchanges between the United States and other nations of individuals who
endeavor to develop domestic and international peace-based initiatives;
</text>
</paragraph>
<paragraph commented="no" id="HCF112DBE96EC4F70A88E1C2C460A1881">
<enum>
(6)
</enum>
<text>
encourage the
development of international sister city programs, pairing United States cities
with cities around the globe for artistic, cultural, economic, educational, and
faith-based exchanges;
</text>
</paragraph>
<paragraph id="H168A524B102A4CBC843360D099F2E241">
<enum>
(7)
</enum>
<text>
establish and
administer a budget designated for the training and deployment of unarmed
civilian peacekeepers to participate in multinational nonviolent peacekeeping
forces that may be conducted by civilian, governmental, or multilateral
organizations;
</text>
</paragraph>
<paragraph id="H81F921C98C7B4C7A9E334295320769E9">
<enum>
(8)
</enum>
<text>
jointly with the
Secretary of the Treasury, strengthen peace enforcement through hiring and
training monitors and investigators to help with the enforcement of
international arms embargoes;
</text>
</paragraph>
<paragraph id="HD5FB1734367E4E8E97678414F19D2D83">
<enum>
(9)
</enum>
<text>
bring together all
stakeholders who are impacted by a conflict by facilitating peace summits where
such stakeholders may gather under carefully prepared conditions to promote
nonviolent communication and mutually beneficial solutions;
</text>
</paragraph>
<paragraph id="H9B064FCBF6224595A0E1F0E6EFEA81EC">
<enum>
(10)
</enum>
<text>
submit to the
President recommendations for reductions in weapons of mass destruction, and
make annual reports to the President on the sale of arms from the United States
to other nations, with analysis of the impact of such sales on the defense of
the United States and how such sales affect peace;
</text>
</paragraph>
<paragraph id="HA28970A0BBF042238FB22B2536CA08E2">
<enum>
(11)
</enum>
<text>
in consultation
with the Secretary of State, develop strategies for sustainability and
management of the distribution of international funds;
</text>
</paragraph>
<paragraph id="H878182805FC04FFBA52C30553CD8F9D4">
<enum>
(12)
</enum>
<text>
advise the
Permanent Representative of the United States to the United Nations on matters
pertaining to the United Nations Security Council; and
</text>
</paragraph>
<paragraph id="HF4A1D517B9B64F9B89ACF5E06F2F5B98">
<enum>
(13)
</enum>
<text>
support the
implementation of international peacebuilding strategies through a balanced use
of peacebuilding, diplomacy, development, and defense.
</text>
</paragraph>
</subsection>
<subsection id="H2B66E54BFEF14554880DB05249D1F636">
<enum>
(d)
</enum>
<header>
Membership of
the Secretary of Peacebuilding on the National Security
Council
</header>
<text>
Section 101(a) of the National Security Act of 1947 (50
U.S.C. 402(a)) is amended—
</text>
<paragraph id="H47181283145B4C26A5EC26C0FFAE1C48">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in paragraph (6), by striking
<quote>
Director for Mutual Security;
</quote>
and inserting
<quote>
Secretary of
Peacebuilding; and
</quote>
;
</text>
</paragraph>
<paragraph id="HAA0DE99C7A764D59BCE93C5B55B958C1">
<enum>
(2)
</enum>
<text>
by striking
paragraph (7);
</text>
</paragraph>
<paragraph id="H07BA923ACFF14459912DCF199229B72C">
<enum>
(3)
</enum>
<text>
by redesignating
paragraph (8) as paragraph (7); and
</text>
</paragraph>
<paragraph id="H4E08E4D250A243559C313366934AE1B7">
<enum>
(4)
</enum>
<text>
in paragraph (7)
(as redesignated by paragraph (3) of this subsection), by striking
<quote>
the
Chairman of the Munitions Board, and the Chairman of the Research and
Development Board,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HDAD8D923DC574631B53E7A8F01184ACB">
<enum>
(e)
</enum>
<header>
Human security
responsibilities
</header>
<text>
The Secretary shall address and offer nonviolent
conflict resolution strategies and suggest resources for unarmed civilian
peacekeepers to the appropriate relevant parties on issues of human security if
such security is threatened by conflict, whether such conflict is geographic,
religious, ethnic, racial, or class-based in its origin, derives from economic
concerns, or is initiated through disputes concerning scarcity of natural
resources (such as water and energy resources), food, trade, or climate and
environmental concerns.
</text>
</subsection>
<subsection id="H91D1AA30A0C648ADB0E3D64296F5A7D3">
<enum>
(f)
</enum>
<header>
Media-Related
responsibilities
</header>
<text>
Respecting the First Amendment to the
Constitution of the United States and the requirement for free and independent
media, the Secretary shall—
</text>
<paragraph id="H8DCD19E3FF0243E3A767394E968BED8F">
<enum>
(1)
</enum>
<text>
seek assistance in
the design and implementation of nonviolent policies from media
professionals;
</text>
</paragraph>
<paragraph id="H6A8903B7396942899F4F488793338049">
<enum>
(2)
</enum>
<text>
study the role of
the media in the escalation and de-escalation of conflict at domestic and
international levels, including the role of fear-inducing and hate-inducing
speech and actions, and making the findings of such study public; and
</text>
</paragraph>
<paragraph id="H87DD6AF2B6854695AD1221453D4BF479">
<enum>
(3)
</enum>
<text>
make
recommendations to professional media organizations in order to provide
opportunities to increase media awareness of peace-building initiatives.
</text>
</paragraph>
</subsection>
<subsection id="HC5F217AC9E924E8DBEB132D10378D768">
<enum>
(g)
</enum>
<header>
Educational
responsibilities
</header>
<text>
The Secretary shall—
</text>
<paragraph commented="no" id="HA5821EF29E184F8CA21EF10CF344EB16">
<enum>
(1)
</enum>
<text>
with the support
of, and in consultation with, the United States Institute of Peace, develop a
peace education curriculum that includes studies of—
</text>
<subparagraph commented="no" id="H14D0664C5D8A442CBA263CC4D3B101BC">
<enum>
(A)
</enum>
<text>
the civil rights
movement in the United States and throughout the world, with special emphasis
on the role of nonviolence and how individual endeavor and involvement have
contributed to advancements in peace and justice;
</text>
</subparagraph>
<subparagraph commented="no" id="H82919DF4C21C45D18CBF63FE0CC80B97">
<enum>
(B)
</enum>
<text>
peace agreements
and circumstances in which peaceful intervention has worked to stop conflict;
and
</text>
</subparagraph>
<subparagraph commented="no" id="HFA86F068D5A141B6897D8699099A55C9">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the patriarchal structure of society and
the inherent violence of such structure in the shaping of relationships and
institutions;
</text>
</subparagraph>
</paragraph>
<paragraph id="H2AEC0EF521E14BD1966CB653FD323E2B">
<enum>
(2)
</enum>
<text>
in consultation
with the Secretary of Education—
</text>
<subparagraph id="HF5DF0DAC3017456892819B61BBF79B22">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
commission the development of such
curriculum and make such curriculum available to local school districts to
enable the use of peace education objectives at elementary schools and
secondary schools in the United States;
</text>
</subparagraph>
<subparagraph id="H7050215BBBE94A259A25D08D5E7E05CD">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
support in early childhood, elementary
schools, secondary schools, and institutions of higher education a
well-resourced, balanced education that includes math, science, English,
history, ethnic studies, social studies, health, physical education, foreign
languages, the arts, and music that will prepare students for success in a
globally interconnected world; and
</text>
</subparagraph>
<subparagraph id="H600FF76AD60E416C8C2C734400DDD4EF">
<enum>
(C)
</enum>
<text>
offer incentives
in the form of grants and training to encourage the development of State peace
curricula and assist schools in applying for such curricula;
</text>
</subparagraph>
</paragraph>
<paragraph id="H0BD0F230E59E43AA877ECB7FBBC196A8">
<enum>
(3)
</enum>
<text>
work with
educators to equip students to become skilled in achieving peace through
reflection, and facilitate instruction in the ways of peaceful conflict
resolution;
</text>
</paragraph>
<paragraph id="HD511E9B547C14443825BD99CE8DFD268">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
ensure that schools are nonviolence zones
that provide a peaceful educational environment;
</text>
</paragraph>
<paragraph id="HD0483799FDCB4BDCAF6396A849F238DF">
<enum>
(5)
</enum>
<text>
create school and
community cultures where students and staff do not feel threatened and are free
from bullying and harassment by developing and implementing curricula in
nonviolent conflict resolution education for teachers, students, parents, the
school community, and the community at large;
</text>
</paragraph>
<paragraph id="H7EBE8418BE844796826EA3F861968335">
<enum>
(6)
</enum>
<text>
maintain a public
website to solicit and receive ideas for the development of peace from the
wealth of the politically, socially, and culturally diverse public;
</text>
</paragraph>
<paragraph id="HA8A9297D82AD49648888FAF6C3B4E5EB">
<enum>
(7)
</enum>
<text>
proactively engage
the critical thinking capabilities of students and teachers of elementary
schools, secondary schools, and institutions of higher education through the
Internet and other media and issue periodic reports concerning any submissions
from such students and teachers;
</text>
</paragraph>
<paragraph commented="no" id="H9DF32BA630634E31AF824A8BF92EADB4">
<enum>
(8)
</enum>
<text>
create and
establish a Peace Academy that shall—
</text>
<subparagraph commented="no" id="H7D720FAD65814D65957F40136D7F2AF4">
<enum>
(A)
</enum>
<text>
be modeled after
the military service academies; and
</text>
</subparagraph>
<subparagraph commented="no" id="H352EC399FF72498C9D55071507FA0BEE">
<enum>
(B)
</enum>
<text>
provide a 4-year
course of instruction in peace education, after which graduates will be
required to serve 5 years in public service in programs dedicated to domestic
or international nonviolent conflict resolution; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HDDE0FB34D960474BB85054906643C3E0">
<enum>
(9)
</enum>
<text>
provide grants for
peace studies departments in institutions of higher education throughout the
United States.
</text>
</paragraph>
</subsection>
</section>
<section id="H11625A8016AC4D3B920E2E777322D5D6">
<enum>
103.
</enum>
<header>
Principal
officers
</header>
<subsection commented="no" id="H9E41FAE1DB1C4560AA50D0A4D89D90D8">
<enum>
(a)
</enum>
<header>
Under Secretary
of Peacebuilding
</header>
<text>
The President shall appoint an Under Secretary
of Peacebuilding in the Department, by and with the advice and consent of the
Senate. During the absence or disability of the Secretary, or in the event of a
vacancy in the office of the Secretary, the Under Secretary shall act as
Secretary. The Secretary shall designate the order in which other officials of
the Department shall act and perform the functions of the Secretary during the
absence or disability of both the Secretary and Under Secretary or in the event
of vacancies in both offices.
</text>
</subsection>
<subsection commented="no" id="HFD255AA191BD48F1A1EA60C295A711C6">
<enum>
(b)
</enum>
<header>
Additional
positions
</header>
<paragraph commented="no" display-inline="no-display-inline" id="H80864095478949D3BA144729E363320B">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The President shall
appoint in the Department, by and with the advice and consent of the
Senate—
</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H4CD73402CAF545C08B9CCA99E1742699">
<enum>
(A)
</enum>
<text>
an Assistant
Secretary for Peace Education and Training;
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HBB2C418BF56849149636ABF41F88B35A">
<enum>
(B)
</enum>
<text>
an Assistant
Secretary for Domestic Peace Activities;
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HB8DF01B48CFF42DBADAD5572C1E208EB">
<enum>
(C)
</enum>
<text>
an Assistant
Secretary for International Peace Activities;
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H1FA30B72BE844191B81731E9203BBEC2">
<enum>
(D)
</enum>
<text>
an Assistant
Secretary for Technology for Peace;
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H69EF78F9A992475C85C5B773DA762C1B">
<enum>
(E)
</enum>
<text>
an Assistant
Secretary for Arms Control and Disarmament;
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H87984F037C024E3B9EA3A7D8E6267C07">
<enum>
(F)
</enum>
<text>
an Assistant
Secretary for Peacebuilding Information and Research;
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H186EB23FA3654995BF1ED0A2D5057815">
<enum>
(G)
</enum>
<text>
an Assistant
Secretary for Human and Economic Rights; and
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HB6F692A634AC4745A2124247FF0B4BDA">
<enum>
(H)
</enum>
<text>
a General
Counsel.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H033FB7744A2D425EB85D7204B1823F64">
<enum>
(2)
</enum>
<header>
Establishment of
Inspector General of the Department of Peacebuilding
</header>
<text display-inline="yes-display-inline">
Section 12 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended—
</text>
<subparagraph id="HA77ED03F486940099EDA65C0622294CC">
<enum>
(A)
</enum>
<text>
in paragraph (1),
by inserting
<quote>
Peacebuilding,
</quote>
after
<quote>
Homeland
Security,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HE07B51B151EC48B3A212F424208AA8D6">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in paragraph (2), by inserting
<quote>
Peacebuilding,
</quote>
after
<quote>
Homeland Security,
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HE61A55FD6F234F748CC439E49ED26973">
<enum>
(3)
</enum>
<header>
Additional
officers
</header>
<text display-inline="yes-display-inline">
The President shall
appoint 4 additional officers in the Department, by and with the advice and
consent of the Senate. The officers appointed under this paragraph shall
perform such functions as the Secretary shall prescribe, including—
</text>
<subparagraph commented="no" id="H5CA7E0EDAFF14DAB8FFF4923AD6E6640">
<enum>
(A)
</enum>
<text>
congressional
relations functions;
</text>
</subparagraph>
<subparagraph commented="no" id="HB491904D550C491E9914CE773ACBE4C8">
<enum>
(B)
</enum>
<text>
public information
functions, including providing, through the use of the latest technologies,
useful information about peace and the work of the Department;
</text>
</subparagraph>
<subparagraph commented="no" id="H30A4F4946D664EFDB54AFE78BEFC368D">
<enum>
(C)
</enum>
<text>
management and
budget functions; and
</text>
</subparagraph>
<subparagraph commented="no" id="H0BF5ED5E67F24D929ACD25B6E57C3128">
<enum>
(D)
</enum>
<text>
planning,
evaluation, and policy development functions, including development of policies
to promote the efficient and coordinated administration of the Department and
its programs and encourage improvements in conflict resolution and violence
prevention.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H31B031886B3449B697DA67BBAFF54E8F">
<enum>
(4)
</enum>
<header>
Description of
functions
</header>
<text>
In any case in which the President submits the name of
an individual to the Senate for confirmation as an officer of the Department
under this subsection, the President shall state the particular functions such
individual will exercise upon taking office.
</text>
</paragraph>
</subsection>
<subsection id="H31B46481C76E4081815351C54D83E2EB">
<enum>
(c)
</enum>
<header>
Authority of
Secretary
</header>
<text>
Each officer described in this section shall report
directly to the Secretary and shall, in addition to any functions vested in or
required to be delegated to such officer, perform such additional functions as
the Secretary may prescribe.
</text>
</subsection>
</section>
<section id="H46C99D7AED1444CD97D0D22839EC956A">
<enum>
104.
</enum>
<header>
Office of Peace
Education and Training
</header>
<subsection commented="no" id="H9E5EF03BFE3049848FCF5576B21C96B4">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
There shall be in the
Department an Office of Peace Education and Training, the head of which shall
be the Assistant Secretary for Peace Education and Training. The Assistant
Secretary for Peace Education and Training shall carry out those functions of
the Department relating to the creation, encouragement, and impact of peace
education and training at the elementary, secondary, university, and
postgraduate levels, including the development of a Peace Academy, and
disseminate applicable policies and research in consultation with entities of
the Department of Health and Human Services, including—
</text>
<paragraph commented="no" id="H64BF1B2D6BEA4ABD916CF7C67444FB34">
<enum>
(1)
</enum>
<text>
the Administration
for Children and Families;
</text>
</paragraph>
<paragraph id="H593F09AB15984F4EBFCE8223A61C36A5">
<enum>
(2)
</enum>
<text>
the Administration
on Aging;
</text>
</paragraph>
<paragraph id="HBC5807C1C1704608BD0AEFE4F83C0F3A">
<enum>
(3)
</enum>
<text>
Centers for
Disease Control and Prevention; and
</text>
</paragraph>
<paragraph id="HAF1E60FF64354EA2ADC4590DE95BEE00">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
the National Institutes of Health.
</text>
</paragraph>
</subsection>
<subsection id="H11CC292D4B4A46B480B190AD0918FA8A">
<enum>
(b)
</enum>
<header>
Peace
curriculum
</header>
<text>
The Assistant Secretary of Peace Education and
Training, in consultation with the Secretary of Education, the United States
Institute of Peace, nongovernmental groups, public institutions, peace and
conflict studies programs of institutions of higher education, and Federal
agencies that provide effective peace training materials and curricula, shall
support the development and dissemination of effective peace curricula and
supporting materials for distribution to departments of education in each State
and territory of the United States. The peace curriculum shall include—
</text>
<paragraph id="H270FA9C9215242648C087FC52350AF86">
<enum>
(1)
</enum>
<text>
building
communicative peace skills and nonviolent conflict resolution skills;
</text>
</paragraph>
<paragraph id="H63412193CDAA4D31A29820BA78A461F8">
<enum>
(2)
</enum>
<text>
teaching and
fostering compassion, empathy, tolerance, respect, inclusion, and forgiveness;
and
</text>
</paragraph>
<paragraph id="H660B1DD8B9084D0F9CAF40908382F85F">
<enum>
(3)
</enum>
<text>
promoting other
objectives to increase the knowledge of peace processes.
</text>
</paragraph>
</subsection>
<subsection id="HF941CDA68EC44522BA9082E9A951FA5A">
<enum>
(c)
</enum>
<header>
Grants
</header>
<text>
The
Assistant Secretary of Peace Education and Training shall—
</text>
<paragraph id="H61CDEEB3363A4DCEB714EE748C8BCAE8">
<enum>
(1)
</enum>
<text>
provide peace
education grants to institutions of higher education for the creation and
expansion of peace studies departments and the education and training of
teachers in peace studies; and
</text>
</paragraph>
<paragraph id="HD3B84B32FC194A85A264E13E93DDC4C6">
<enum>
(2)
</enum>
<text>
create a Community
Peace Block Grant program under which the Secretary shall make grants to
nonprofit organizations and nongovernmental organizations for the purposes of
developing innovative neighborhood programs for nonviolent conflict resolution
and creating local peacebuilding initiatives.
</text>
</paragraph>
</subsection>
</section>
<section id="H7720160518E5428D9A060D71E6B3D67F">
<enum>
105.
</enum>
<header>
Office of
Domestic Peace Activities
</header>
<subsection id="H2FA6F5AA78CF41F4B4E9A7248B500F1F">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
There shall be in the Department an Office of Domestic
Peace Activities, the head of which shall be the Assistant Secretary for
Domestic Peace Activities. The Assistant Secretary for Domestic Peace
Activities shall carry out those functions in the Department affecting domestic
peace activities, including the development of policies that increase awareness
about intervention and counseling on domestic violence and conflict.
</text>
</subsection>
<subsection id="H204246ABCE474C9A81D3FFAA12FF67BB">
<enum>
(b)
</enum>
<header>
Responsibilities
</header>
<text>
The
Assistant Secretary for Domestic Peace Activities shall—
</text>
<paragraph id="H511F9182F1C04B4DA6D9068A71BD3D40">
<enum>
(1)
</enum>
<text>
develop policy and
disseminate best practices from the field for the treatment of drug and alcohol
abuse;
</text>
</paragraph>
<paragraph id="HBC950241CE164C5A8835C4DCC4D229B8">
<enum>
(2)
</enum>
<text>
develop
community-based strategies for celebrating diversity and promoting
tolerance;
</text>
</paragraph>
<paragraph id="HB23DD305921749F7A89A35A47039417D">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
develop new policies and build on existing
proven programs—
</text>
<subparagraph id="H1450343CEBF74ECCBD648ABD08AF6A4D">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
to assist in the prevention of crime,
including the development of community policing strategies and peaceful
settlement skills among police and other public safety officers;
</text>
</subparagraph>
<subparagraph id="H802C18248C1E425783E4BD986EA9A733">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
to assist in the re-entry into the
community by individuals who have been incarcerated, including training in
anger management and peacebuilding skills, life skills, and educational and job
skills;
</text>
</subparagraph>
<subparagraph id="H2E85EC92449E4755B57B2B4F92EDA4FC">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
to assist in creating strong and healthy
families, including supporting mental health services, domestic violence
prevention, gang prevention, anti-bullying programs, substance abuse
prevention, and parenting skills;
</text>
</subparagraph>
<subparagraph id="H0AE5A10207FB4CD3BC32453628752AEF">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
to provide restorative justice programs at
all levels of the criminal justice system that bring together offenders,
victims, and community members in an effort to repair the damage caused by
criminal activity through accountability and rehabilitation;
</text>
</subparagraph>
<subparagraph id="H2328C4072BAA455C8DE790DAC4079027">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
to provide for training and deployment into
neighborhoods of nonmilitary domestic conflict prevention and peacemaking
personnel, including violence interrupters and civilian community peacekeepers;
and
</text>
</subparagraph>
<subparagraph id="H73275C02B5244237AA5A80FE9482A931">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
to implement community-based policing to
break down barriers between law enforcement officers and the people such
officers serve;
</text>
</subparagraph>
</paragraph>
<paragraph id="H4BC5B2884F0C4D3C8A252DE6354E42E0">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
promote informal and cultural exchanges
between individuals and groups of proximate neighborhoods and regions to
encourage understanding and acceptance; and
</text>
</paragraph>
<paragraph id="H4DE975BE4DD94E2C9B3FCFDC445E1DFD">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
disseminate applicable policies and
research in consultation with appropriate entities of—
</text>
<subparagraph id="H40FAB11162D540E18648F0E03DA74522">
<enum>
(A)
</enum>
<text>
the Department of
Justice;
</text>
</subparagraph>
<subparagraph id="H1274FE4383974435A14BA00AB1D170AA">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the Department of Health and Human
Services;
</text>
</subparagraph>
<subparagraph id="HBA546F31512041E4A37F5B50D1C63866">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the Department of State; and
</text>
</subparagraph>
<subparagraph id="H419EC5A996434895B2EFE2980A8EBD13">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
the Department of Education.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H60CD2B6F910E4D079A20F769D56BD423">
<enum>
(c)
</enum>
<header>
Grants
</header>
<text display-inline="yes-display-inline">
The Assistant Secretary for Domestic Peace
Activities shall create a grant program to be known as the Cultural Diplomacy
for Peace grant program under which the Secretary shall make grants to
elementary schools, secondary schools, institutions of higher education,
nonprofit organizations, and nongovernmental organizations for the purpose of
developing domestic cultural exchanges, including exchanges relating to the
arts and sports, that promote diplomacy and cultural understanding between
neighborhoods and members of the neighboring communities.
</text>
</subsection>
</section>
<section id="HF616E85E5AAD4212A5975F90E953FAC2">
<enum>
106.
</enum>
<header>
Office of
International Peace Activities
</header>
<subsection id="H8668DED51905467F83F5175AD362CCE2">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
There shall be in the Department an Office of
International Peace Activities, the head of which shall be the Assistant
Secretary for International Peace Activities. The Assistant Secretary for
International Peace Activities shall carry out those functions in the
Department affecting international peace activities.
</text>
</subsection>
<subsection id="HCACFD6466B654249B1AF07EA231D7189">
<enum>
(b)
</enum>
<header>
Responsibilities
</header>
<text>
The
Assistant Secretary for International Peace Activities shall—
</text>
<paragraph id="H2D057F12F2154594A26F71A86093CF71">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
develop new programs and promote existing
proven programs to—
</text>
<subparagraph id="H8C68134431AA4CEAB9847374660B6FC0">
<enum>
(A)
</enum>
<text>
provide for the
training and deployment of graduates of the Peace Academy established under
section 102(f) and other nonmilitary conflict prevention and peacemaking
personnel;
</text>
</subparagraph>
<subparagraph id="HC0E5AE9A4A774D9A9D080FE3FDDC0058">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
support country and regional conflict
prevention and dispute resolution initiatives in countries experiencing social,
political, or economic strife;
</text>
</subparagraph>
<subparagraph id="H467376926CEB4F5C90807D5CBBA98A0C">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
provide training for the administration of
post-conflict reconstruction and demobilization in war-torn societies;
</text>
</subparagraph>
<subparagraph id="HBD6187D02C0047E08B77A061FEF2A311">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
address root causes of violence;
</text>
</subparagraph>
<subparagraph id="H068869EBE6F2409A9D8AAA3F8A81B855">
<enum>
(E)
</enum>
<text>
eradicate extreme
hunger and poverty;
</text>
</subparagraph>
<subparagraph id="H56F5F7108D7D4AC0ACB58502E1B428D8">
<enum>
(F)
</enum>
<text>
achieve universal
primary education; and
</text>
</subparagraph>
<subparagraph id="H41B25983E91245E48E7D2BA9B4CFD36E">
<enum>
(G)
</enum>
<text>
empower women and
girls;
</text>
</subparagraph>
</paragraph>
<paragraph id="H589CF79189F646FB86C4AA2F404BA3A9">
<enum>
(2)
</enum>
<text>
support the
creation of a multinational nonviolent peace force;
</text>
</paragraph>
<paragraph id="H4674E657EDB949789449B972268FC092">
<enum>
(3)
</enum>
<text>
provide for the
exchanges between individuals of the United States and other nations who are
endeavoring to develop domestic and international peace-based initiatives;
and
</text>
</paragraph>
<paragraph id="H332E025867C64F91BE085176361C8855">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
disseminate applicable policies and
research in consultation with appropriate entities of—
</text>
<subparagraph id="H09C6A287E9B3496A83F71F5628AE7A10">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the Department of State;
</text>
</subparagraph>
<subparagraph id="HC2B5BD93DC9D4CD9861878827F92A316">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the Department of Labor;
</text>
</subparagraph>
<subparagraph id="HA7357C718FAF43B980665AA91D14425C">
<enum>
(C)
</enum>
<text>
the Peace Corps;
and
</text>
</subparagraph>
<subparagraph id="H38EEEFC96ED64C54AE4D8E9C7BA8E631">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
the United States Institute of
Peace.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H1E9DE23E5DB543F89345A7C8328FDBD0">
<enum>
(c)
</enum>
<header>
Grants
</header>
<text display-inline="yes-display-inline">
The Assistant Secretary for International
Peace Activities shall create a grant program to be known as the International
Cultural Diplomacy for Peace grant program under which the Secretary shall make
grants to elementary schools, secondary schools, institutions of higher
education, nonprofit organizations, and nongovernmental organizations for the
purpose of developing international cultural exchanges, including exchanges
related to the arts and sports, that promote diplomacy and cultural
understanding between the United States and members of the international
community.
</text>
</subsection>
</section>
<section id="HDC9FBBD2C31C4E49942F1C1DE053A0F3">
<enum>
107.
</enum>
<header>
Office of
Technology for Peace
</header>
<subsection id="H5B3D6B364F404394B882C3E347939ADC">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
There shall be in the
Department an Office of Technology for Peace, the head of which shall be the
Assistant Secretary for Technology for Peace. The Assistant Secretary for
Technology for Peace shall carry out those functions in the Department
affecting the awareness, study, and impact of developing new technologies on
the creation and maintenance of domestic and international peace, and
disseminate applicable policies and research in consultation with appropriate
entities of the Department of State.
</text>
</subsection>
<subsection id="H36F98EA127E7454FBE57EB77BFF55FAC">
<enum>
(b)
</enum>
<header>
Grants
</header>
<text>
The
Assistant Secretary for Technology for Peace shall make grants for the research
and development of technologies in transportation, communications, agriculture,
and energy that—
</text>
<paragraph id="H471F5E823A514F6285F653FF232139BB">
<enum>
(1)
</enum>
<text>
are nonviolent in
application; and
</text>
</paragraph>
<paragraph id="H678460AB96524D139A883B39D1C42590">
<enum>
(2)
</enum>
<text>
encourage the
conservation and sustainability of natural resources in order to prevent future
conflicts regarding scarce resources.
</text>
</paragraph>
</subsection>
</section>
<section id="HB14397980D1246FB9DEE3E4E5743CCED">
<enum>
108.
</enum>
<header>
Office of Arms
Control and Disarmament
</header>
<subsection id="H26FC146CC70B458595F7F3DD27A0E72C">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
There shall be in the Department an Office of Arms
Control and Disarmament, the head of which shall be the Assistant Secretary for
Arms Control and Disarmament. The Assistant Secretary for Arms Control and
Disarmament shall carry out those functions in the Department affecting arms
control programs and arms limitation agreements.
</text>
</subsection>
<subsection id="H64865809D9D24A30B47302C6AF2A5712">
<enum>
(b)
</enum>
<header>
Responsibilities
</header>
<text>
The
Assistant Secretary for Arms Control and Disarmament shall—
</text>
<paragraph id="HB4FE17F05E354D27B823E4C221CF6A94">
<enum>
(1)
</enum>
<text>
advise the
Secretary on interagency discussions and international negotiations, including
discussions involving the Secretary of State, the Atomic Energy Commission, and
the Secretary of Defense, regarding the reduction and elimination of weapons of
mass destruction throughout the world, including the dismantling of such
weapons and the safe and secure storage of materials related thereto;
</text>
</paragraph>
<paragraph id="HCAC295DD952541B3B77D8CDC75A9C53A">
<enum>
(2)
</enum>
<text>
assist nations,
international agencies, and nongovernmental organizations in assessing the
locations of the buildup of nuclear arms and other weapons of mass
destruction;
</text>
</paragraph>
<paragraph id="H5177DB0B9C17490BA03B111718F3BEDE">
<enum>
(3)
</enum>
<text>
develop nonviolent
strategies to deter testing or use of offensive or defensive nuclear weapons
and other weapons of mass destruction, whether based on land, air, sea, or in
space;
</text>
</paragraph>
<paragraph id="HC0B29064DAF444C09AFC5B5DD00531DC">
<enum>
(4)
</enum>
<text>
serve as a
depository for copies of all contracts, agreements, and treaties that address
the reduction and elimination of nuclear weapons and other weapons of mass
destruction or the protection of space from militarization;
</text>
</paragraph>
<paragraph id="H12CFAECA5F2047019DA6CF2270A6B1CB">
<enum>
(5)
</enum>
<text>
provide technical
support and legal assistance for the implementation of such agreements;
and
</text>
</paragraph>
<paragraph id="HCB439922AAA84FA3ADD13E7A9CBA694C">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
disseminate applicable policies and
research in consultation with appropriate entities of the Department of State
and the Department of Commerce.
</text>
</paragraph>
</subsection>
</section>
<section id="H148539214D2E43F79F8CCBDF8589554C">
<enum>
109.
</enum>
<header>
Office of
Peacebuilding Information and Research
</header>
<subsection id="H4C492C61A41449C3A3B5DAB78798789E">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
There shall be in the
Department an Office of Peacebuilding Information and Research, the head of
which shall be the Assistant Secretary for Peacebuilding Information and
Research. The Assistant Secretary for Peacebuilding Information and Research
shall carry out those functions in the Department affecting research and
analysis relating to creating, initiating, and modeling approaches to peaceful
coexistence and nonviolent conflict resolution.
</text>
</subsection>
<subsection id="H6860F6A4A78A4DF3B927BA80535BFE4C">
<enum>
(b)
</enum>
<header>
Responsibilities
</header>
<text display-inline="yes-display-inline">
The Assistant Secretary for Peacebuilding
Information and Research shall—
</text>
<paragraph id="H21352C72A90D4D7788FC4F3E230A326F">
<enum>
(1)
</enum>
<text>
commission or
compile studies on the impact of war, especially on the physical and mental
condition of children (using the 10-point anti-war agenda in the United Nations
Children’s Fund report, State of the World’s Children 1996, as a guide) that
shall include the study of the effect of war on the environment and public
health;
</text>
</paragraph>
<paragraph id="HC5840BF3330E4964ABE29B06C04DA0B2">
<enum>
(2)
</enum>
<text>
compile
information on effective community peacebuilding activities and disseminate
such information to local governments and nongovernmental organizations in the
United States and abroad;
</text>
</paragraph>
<paragraph id="H7F5E4A02714842D59152720EA01AF22A">
<enum>
(3)
</enum>
<text>
commission or
compile research on the effect of violence in the media and make such reports
available to the Congress annually;
</text>
</paragraph>
<paragraph id="HFC25F44D245C44C6923F8F3DF87E21E9">
<enum>
(4)
</enum>
<text>
publish a monthly
journal of the activities of the Department and encourage scholarly
participation;
</text>
</paragraph>
<paragraph id="H113EB96E79D84548A0EF23F65AF932BF">
<enum>
(5)
</enum>
<text>
sponsor
conferences throughout the United States to create awareness of the work of the
Department; and
</text>
</paragraph>
<paragraph id="H8C883DF22B0A4A2FBFEAB8B440A14127">
<enum>
(6)
</enum>
<text>
where applicable,
work to carry out the responsibilities under this subsection in consultation
with the United States Institute of Peace and other governmental and
nongovernmental entities, including—
</text>
<subparagraph id="HB52DE9DD75C042D7918026F3E23DAF70">
<enum>
(A)
</enum>
<text>
the Department of
Health and Human Services;
</text>
</subparagraph>
<subparagraph id="H73BBDA822C0942E08037A39F9165F8C6">
<enum>
(B)
</enum>
<text>
the Department of
Justice; and
</text>
</subparagraph>
<subparagraph id="HADA9428140DE4052AD5478667AFDF872">
<enum>
(C)
</enum>
<text>
the Department of
State.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H73C403153F4749F0B995B77395BDDF9C">
<enum>
110.
</enum>
<header>
Office of Human
Rights and Economic Rights
</header>
<subsection id="H04E7FF069609485787A6CA818936E80D">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
There shall be in the Department an Office of Human
Rights and Economic Rights, the head of which shall be the Assistant Secretary
for Human Rights and Economic Rights. The Assistant Secretary for Human Rights
and Economic Rights shall carry out those functions in the Department that
support the principles of the Universal Declaration of Human Rights adopted by
the General Assembly of the United Nations on December 10, 1948.
</text>
</subsection>
<subsection id="H5E3922C5071D4D07998197F503D88531">
<enum>
(b)
</enum>
<header>
Responsibilities
</header>
<text>
The
Assistant Secretary for Human Rights and Economic Rights shall—
</text>
<paragraph commented="no" id="H0071629B86B6400BB5196E9FB23A375A">
<enum>
(1)
</enum>
<text>
assist the
Secretary, in consultation with the Secretary of State, in furthering the
incorporation of the principles of human rights, as enunciated in the Universal
Declaration of Human Rights, United Nations General Assembly Resolution 217A
(III) of December 10, 1948, into all agreements between the United States and
other nations to help reduce the causes of violence;
</text>
</paragraph>
<paragraph id="HE632006DD484441BBB572C160F37EA0D">
<enum>
(2)
</enum>
<text>
consult with the
Secretary of State, the Atrocities Prevention Board of the White House, and
other similarly concerned governmental and nongovernmental agencies to gather
information on and document domestic and international human rights abuses,
including genocide, torture, human trafficking, child soldiers, and child
labor, and recommend to the Secretary nonviolent responses to promote
awareness, understanding, and correction of abuses;
</text>
</paragraph>
<paragraph id="HB8E27D5A850241BAB3B425B08E768C5F">
<enum>
(3)
</enum>
<text>
make such
information available to other governmental and nongovernmental agencies in
order to facilitate nonviolent conflict resolution;
</text>
</paragraph>
<paragraph id="HB274A5A7134D4435B28667B38E1A329B">
<enum>
(4)
</enum>
<text>
provide trained
observers to work with nongovernmental organizations for purposes of creating a
climate conducive to the respect for human rights;
</text>
</paragraph>
<paragraph id="HB01FF2905E4A412BABF5357EFABC1873">
<enum>
(5)
</enum>
<text>
conduct economic
analyses of the scarcity of human and natural resources as a source of conflict
and make recommendations to the Secretary for nonviolent prevention of such
scarcity, nonviolent intervention in case of such scarcity, and the development
of programs to assist people facing such scarcity, whether due to armed
conflict, misdistribution of resources, or natural causes;
</text>
</paragraph>
<paragraph id="H9989FE1F769849EC8B7BE246B2D0FB0B">
<enum>
(6)
</enum>
<text>
assist the
Secretary, in consultation with the Secretary of State and the Secretary of the
Treasury, in developing strategies regarding the sustainability and the
management of the distribution of funds from international agencies, the
conditions regarding the receipt of such funds, and the impact of those
conditions on the peace and stability of the recipient nations;
</text>
</paragraph>
<paragraph id="H1615D0D862134EA081D292C988B3576B">
<enum>
(7)
</enum>
<text>
assist the
Secretary, in consultation with the Secretary of State and the Secretary of
Labor, in developing strategies to promote full compliance with domestic and
international labor rights law;
</text>
</paragraph>
<paragraph id="H216DB160C455446993D345EA54985429">
<enum>
(8)
</enum>
<text>
conduct policy
analysis to ensure that the international development investments of the United
States positively impact the peace and stability of the recipient nation;
and
</text>
</paragraph>
<paragraph id="HACB999162B4F4B23BDE15DA7CC2B89BD">
<enum>
(9)
</enum>
<text display-inline="yes-display-inline">
disseminate policies and research in
consultation with appropriate entities of the Department of State.
</text>
</paragraph>
</subsection>
</section>
<section id="H42BB64D3C5254FC0830BAC34F4C4EB29">
<enum>
111.
</enum>
<header>
Intergovernmental
Advisory Council on Peace
</header>
<subsection id="HB14C2912B1E44704B975B9695A888D0A">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
There shall be in the Department an advisory committee
known as the Intergovernmental Advisory Council on Peace (in this section
referred to as the
<quote>
Council
</quote>
). The Council shall provide
assistance and make recommendations to the President and the Secretary
concerning intergovernmental policies relating to peace and nonviolent conflict
resolution.
</text>
</subsection>
<subsection id="HF3E39A2B58504F05A12BAB647FFFFDA1">
<enum>
(b)
</enum>
<header>
Responsibilities
</header>
<text>
The
Council shall—
</text>
<paragraph id="HC3FED0C981A94E4BAFB8F5A9D703953E">
<enum>
(1)
</enum>
<text>
provide a forum
for representatives of Federal, State, and local governments to discuss peace
issues;
</text>
</paragraph>
<paragraph id="H4237E1C5399B40F6BCD9727DD02E9AF3">
<enum>
(2)
</enum>
<text>
promote better
intergovernmental relations and offer professional mediation services to
resolve intergovernmental conflict as needed; and
</text>
</paragraph>
<paragraph id="H0FC5723EF2284964A7B81186797F2D26">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
submit biennially, or more frequently if
determined necessary by the Council, a report to the President, the Secretary,
and Congress reviewing the impact of Federal peace activities on the Federal
Government and on State and local governments.
</text>
</paragraph>
</subsection>
<subsection id="HA7EED5BCD91C464CADA597A2859F8E41">
<enum>
(c)
</enum>
<header>
Membership
</header>
<text display-inline="yes-display-inline">
The Secretary shall appoint the members of
the Council.
</text>
</subsection>
</section>
<section id="HA304D22699614B06887869B8117AFB7C">
<enum>
112.
</enum>
<header>
Federal
Interagency Committee on Peace
</header>
<subsection id="HEC1EBFF89D3D4B9F8906EB631F712D3A">
<enum>
(a)
</enum>
<header>
Establishment
</header>
<text display-inline="yes-display-inline">
There is established a Federal Interagency
Committee on Peace (in this section referred to as the
<quote>
Committee
</quote>
). The Committee shall—
</text>
<paragraph id="HB5FF84A6BD2C4388AA00215F851B3EB5">
<enum>
(1)
</enum>
<text>
assist the
Secretary in providing a mechanism to assure that the procedures and actions of
the Department and other Federal agencies are fully coordinated; and
</text>
</paragraph>
<paragraph id="HC28713BE81B04373AEAD129C922F08DF">
<enum>
(2)
</enum>
<text>
study and make
recommendations for assuring effective coordination of Federal programs,
policies, and administrative practices affecting peace.
</text>
</paragraph>
</subsection>
<subsection id="H11B2A1CC2A774695A527D92A787A9096">
<enum>
(b)
</enum>
<header>
Membership
</header>
<text>
The
Secretary shall appoint the members of the Committee.
</text>
</subsection>
</section>
<section id="HCA581F22AADD440DBF686D9F1C52A8F7">
<enum>
113.
</enum>
<header>
Staff
</header>
<text display-inline="no-display-inline">
The Secretary may appoint and fix the
compensation of such employees as may be necessary to carry out the functions
of the Secretary and the Department. Except as otherwise provided by law, such
employees shall be appointed in accordance with applicable laws and the
compensation of such employees fixed in accordance with title 5, United States
Code.
</text>
</section>
<section id="H5C31BB636E0C4DD3829E6C40AD4681DE">
<enum>
114.
</enum>
<header>
Consultation
required
</header>
<subsection id="H7FA9D3D1ED14491ABF60FC113A924D27">
<enum>
(a)
</enum>
<header>
Consultation in
cases of conflict and violence prevention
</header>
<paragraph commented="no" display-inline="no-display-inline" id="H8E216A92F35441B6990C1160DAA809A6">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In any case in which a conflict between the United States
and any other government or entity is imminent or occurring, the Secretary of
Defense and the Secretary of State shall consult with the Secretary of
Peacebuilding concerning violence prevention, nonviolent means of conflict
resolution, and peacebuilding.
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="HD5A0498AFBEC4806A9B9D5A2D3A004C9">
<enum>
(2)
</enum>
<header>
Diplomatic
initiatives
</header>
<text>
In any case in which a conflict described in
paragraph (1) is ongoing or recently concluded, the Secretary shall conduct an
independent study of diplomatic initiatives undertaken by the United States and
other parties to such conflict.
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="HCD9B36B019724B918C02942333A82041">
<enum>
(3)
</enum>
<header>
Initiative
assessment
</header>
<text>
In any case in which a conflict described in paragraph
(1) has recently concluded, the Secretary shall assess the effectiveness of any
initiatives in ending such conflict.
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="HF8A4B546EF5D4BFE9BB0344CF5CF539D">
<enum>
(4)
</enum>
<header>
Consultation
process
</header>
<text>
The Secretary shall establish a formal process of
consultation in a timely manner with the Secretary of State, the Secretary of
Defense, and the National Security Council—
</text>
<subparagraph display-inline="no-display-inline" id="HC5C8ECA637014D61AB86CAE3D771CAD2">
<enum>
(A)
</enum>
<text>
prior to the
initiation of any armed conflict between the United States and any other
nation; and
</text>
</subparagraph>
<subparagraph id="HEA09EB070E944C88A976265A91C0E8A9">
<enum>
(B)
</enum>
<text>
for any matter
involving the use of Department of Defense personnel within the United
States.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection display-inline="no-display-inline" id="H57BC187F0A4548CDB3CF3FE9D168A75B">
<enum>
(b)
</enum>
<header>
Consultation in
drafting treaties and agreements
</header>
<text>
The head of each appropriate
Federal agency shall consult with the Secretary in drafting treaties and peace
agreements.
</text>
</subsection>
</section>
<section commented="no" id="H02D896CB504B481C9E5EC547976B9E13">
<enum>
115.
</enum>
<header>
Collaboration
</header>
<text display-inline="no-display-inline">
The Secretary shall, for the greatest
effectiveness in promoting peace and peacebuilding, collaborate with all
related programs in all Federal agencies.
</text>
</section>
</title>
<title id="HCDECEB23E1C3460FB17E8C2695A52F8F">
<enum>
II
</enum>
<header>
OTHER
MATTERS
</header>
<section id="H29733000AC9845E0993FD0C5CF638BC1">
<enum>
201.
</enum>
<header>
Legislative
recommendations of the Secretary
</header>
<text display-inline="no-display-inline">
Not later than 1 year after the date of the
appointment of the first Secretary, the Secretary shall prepare and submit to
Congress proposed legislation containing any necessary and appropriate
amendments to the laws of the United States to carry out the purposes of this
Act.
</text>
</section>
<section id="HA9B8797CCB3A49E5B5EC43A436566C42">
<enum>
202.
</enum>
<header>
Peace
Days
</header>
<text display-inline="no-display-inline">
The Secretary shall
encourage citizens to observe and celebrate the blessings of peace and endeavor
to create peace on Peace Days. Such days shall include discussions of the
professional activities and the achievements in the lives of
peacemakers.
</text>
</section>
<section id="H590233B113D94E13B03033796764D51A">
<enum>
203.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act:
</text>
<paragraph id="HD86EFCFDC68447188908C93AAB282004">
<enum>
(1)
</enum>
<header>
Department
</header>
<text display-inline="yes-display-inline">
The term
<quote>
Department
</quote>
means
the Department of Peacebuilding established under section 101(a).
</text>
</paragraph>
<paragraph id="H6A7FEB53B9894A9F87BD06BB241B01BA">
<enum>
(2)
</enum>
<header>
Elementary
school
</header>
<text display-inline="yes-display-inline">
The term
<quote>
elementary school
</quote>
has the meaning given that term in section
9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
</text>
</paragraph>
<paragraph id="HE316F36C70D94FEFA21CE639A6F83A03">
<enum>
(3)
</enum>
<header>
Federal
agency
</header>
<text display-inline="yes-display-inline">
The term
<quote>
Federal agency
</quote>
has the meaning given the term
<quote>
agency
</quote>
in
<external-xref legal-doc="usc" parsable-cite="usc/5/551">
section 551(1)
</external-xref>
of title 5, United States Code.
</text>
</paragraph>
<paragraph id="HDB5A54A38BAD4665B61050F9E03B94EC">
<enum>
(4)
</enum>
<header>
Institution of
higher education
</header>
<text display-inline="yes-display-inline">
The term
<quote>
institution of higher education
</quote>
has the meaning given that term
in section 101 of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1001">
20 U.S.C. 1001
</external-xref>
).
</text>
</paragraph>
<paragraph id="H57B0BFFF853B4CD8860E60C46E39110D">
<enum>
(5)
</enum>
<header>
Nonprofit
organization
</header>
<text display-inline="yes-display-inline">
The term
<quote>
nonprofit organization
</quote>
means an entity that—
</text>
<subparagraph id="H4DC84AF88D434E6F9317BB0A22682016">
<enum>
(A)
</enum>
<text>
is described in
<external-xref legal-doc="usc" parsable-cite="usc/26/501">
section 501(c)(3)
</external-xref>
of the Internal Revenue Code of 1986; and
</text>
</subparagraph>
<subparagraph id="H4C748C010E734FBCBECC3E4DB9C87130">
<enum>
(B)
</enum>
<text>
is exempt from tax
under section 501(a) of such Code.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD633399BC74746DBA947E7F3C436E1B9">
<enum>
(6)
</enum>
<header>
Secondary
school
</header>
<text>
The term
<quote>
secondary school
</quote>
has the meaning
given that term in section 9101 of the Elementary and Secondary Education Act
of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/7801">
20 U.S.C. 7801
</external-xref>
).
</text>
</paragraph>
<paragraph id="H1BF2E9A9984549ABAAEC5C4076A18352">
<enum>
(7)
</enum>
<header>
Secretary
</header>
<text>
The
term
<quote>
Secretary
</quote>
means the Secretary of Peacebuilding appointed
under section 101(b).
</text>
</paragraph>
</section>
<section commented="no" id="HD23616191EDF4272A316B8D2EF545F26">
<enum>
204.
</enum>
<header>
Authorization
of appropriations
</header>
<subsection id="HC34B0900401348AEB6354E4E4231A97A">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
There is authorized
to be appropriated to carry out this Act such sums as may be necessary.
</text>
</subsection>
<subsection id="H57B6EEFCC1F94E37A78C79B6F461738A">
<enum>
(b)
</enum>
<header>
Limitation on
use of funds
</header>
<text>
Of the amounts appropriated pursuant to subsection
(a), at least 85 percent shall be used for domestic peace programs, including
administrative costs associated with such programs.
</text>
</subsection>
</section>
</title>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 808 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Ms. Lee of California (for herself, Mr. Conyers , Ms. Hahn , Mr. Polis , Ms. Clarke , Ms. Pingree of Maine , Mr. Andrews , Mr. McGovern , and Ms. Moore ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To establish a Department of Peacebuilding.
1. Short title; table of contents (a) Short title This Act may be cited as the Department of Peacebuilding Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Title I—ESTABLISHMENT OF DEPARTMENT OF PEACEBUILDING Sec. 101. Establishment of Department of Peacebuilding. Sec. 102. Responsibilities and powers. Sec. 103. Principal officers. Sec. 104. Office of Peace Education and Training. Sec. 105. Office of Domestic Peace Activities. Sec. 106. Office of International Peace Activities. Sec. 107. Office of Technology for Peace. Sec. 108. Office of Arms Control and Disarmament. Sec. 109. Office of Peacebuilding Information and Research. Sec. 110. Office of Human Rights and Economic Rights. Sec. 111. Intergovernmental Advisory Council on Peace. Sec. 112. Federal Interagency Committee on Peace. Sec. 113. Staff. Sec. 114. Consultation required. Sec. 115. Collaboration. Title II—OTHER MATTERS Sec. 201. Legislative recommendations of the Secretary. Sec. 202. Peace Days. Sec. 203. Definitions. Sec. 204. Authorization of appropriations. 2. Findings Congress finds the following: (1) On July 4, 1776, the Second Continental Congress unanimously declared the independence of the 13 colonies, and the achievement of peace was recognized as one of the highest duties of the new organization of free and independent States by declaring, We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the Pursuit of Happiness. (2) The Constitution of the United States of America, in its Preamble, further sets forth the insurance of the cause of peace in stating: We the People of the United States, in Order to Form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity . (3) During the course of the 20th century, more than 100,000,000 people perished in wars. The United States has been at war over the past decade, with 6,600 members of the Armed Forces and hundreds of thousands of civilians estimated to have been killed in the conflicts in Iraq and Afghanistan. (4) Every year 300,000 people are killed by gun violence around the world. In the United States, 100,000 people are shot each year in murders, assaults, suicides and suicide attempts, accidents, and police actions. Over 30,000 people die each year of gunshot wounds, 12,000 of whom are murdered. Every day, 50 children are shot, and 8 of those children die. (5) A 2004 World Health Organization report estimates that interpersonal violence within the United States costs approximately $300 billion annually, not including war-related costs. The Centers for Disease Control and Prevention states that an average of 16 people age 10 to 24 were murdered each day in the United States in 2005. The Pew Charitable Trust calculates that child abuse and neglect in the United States cost $103.8 billion in 2007. (6) In 1999, the United Nations adopted a Programme of Action on a Culture of Peace, stating that a culture of peace is an integral approach to preventing violence and violent conflicts, an alternative to the culture of war and violence, and is based on education for peace, the promotion of sustainable economic and social development, respect for human rights, equality between women and men, democratic participation, tolerance, and the free flow of information and disarmament. The United Nations declared the years 2001 through 2010 an International Decade for a Culture of Peace and Non-Violence for the Children of the World and the United Nations supports a culture of peace going forward. (7) On April 4, 2012, the Institute for Economics and Peace released a United States Peace Index, which assessed peacefulness at the State and city levels and analyzed the costs associated with violence and the socio-economic measures associated with peace. While violence within the United States had declined over the year 2011, violence and violence containment still cost the average taxpayer $3,257. The total cost of violence to the United States—including lost productivity from violence—was conservatively calculated to be over $460 billion. (8) A study by the Institute for Economics and Peace released September 20, 2012, reports conservative estimates for 2010, that 15 percent of the gross domestic product of the United States, or $15,000 per taxpayer, was spent on containing violence. The study included government, corporate, and individual expenditure, regardless of whether it was related to international affairs such as offshore military activities, or domestic spending such as dealing with crime and the consequences of crime. (9) Violence prevention is cost effective. For every dollar spent in violence prevention and peacebuilding, many lives and many dollars are saved. The philosophy and techniques of nonviolence and the science of peacebuilding provide tools and techniques that can be applied not only at the levels of individual and community growth, but also within the Federal Government and at national and international levels. (10) Peacebuilding is defined by the United Nations as a range of measures targeted to reduce the risk of lapsing or relapsing into conflict by strengthening national capacities at all levels for conflict management, and to lay the foundations for sustainable peace and development. Peacebuilding is built upon research into the root causes of violence in the United States and the world, through promotion and promulgation of effective policies and programs that ameliorate those root causes of violence, and through providing all citizens, organizations, and governmental bodies with opportunities to learn about and practice the essential tools of nonviolent conflict resolution and peacebuilding. (11) In 2000, the Earth Charter Commission released the Earth Charter, an international declaration of fundamental values and principles created to build a just, sustainable, and peaceful global society. The preamble of the Earth Charter provides, To move forward we must recognize that in the midst of a magnificent diversity of cultures and life forms we are one human family and one Earth community with a common destiny. We must join together to bring forth a sustainable global society founded on respect for nature, universal human rights, economic justice, and a culture of peace. Peacebuilding is working together with all nations to protect both life and land and hold the Earth in balance. I ESTABLISHMENT OF DEPARTMENT OF PEACEBUILDING 101. Establishment of Department of Peacebuilding (a) Establishment There is hereby established a Department of Peacebuilding, that shall— (1) be a department in the executive branch of the Federal Government; and (2) be dedicated to peacebuilding, peacemaking, and the study and promotion of conditions conducive to both domestic and international peace and a culture of peace. (b) Secretary of Peacebuilding There shall be at the head of the Department a Secretary of Peacebuilding, who shall be appointed by the President, by and with the advice and consent of the Senate. (c) Mission The Department shall— (1) cultivate peace and peacebuilding as a strategic national policy objective; (2) reduce and prevent violence in the United States and internationally through peacebuilding and effective nonviolent conflict resolution; (3) strengthen nonmilitary means of peacemaking; (4) take a proactive, strategic approach in the development of field-tested, best practices and policies that promote national and international conflict prevention, nonviolent intervention, mediation, peaceful resolution of conflict, and structured mediation of conflict; (5) address matters both domestic and international in scope; (6) provide an institutional platform for the growing wealth of expertise in peacebuilding to dramatically reduce the national and global epidemic of violence; (7) support local communities in finding, funding, replicating, and expanding programs to reduce and prevent violence; (8) invest in nongovernmental organizations that have implemented successful initiatives to reduce and prevent violence, both internationally and domestically; and (9) consult with other Federal agencies to apply and practice the science of peacebuilding in their respective fields of responsibility. 102. Responsibilities and powers (a) In general The Secretary shall— (1) work proactively and interactively with each branch of the Federal Government on all policy matters relating to conditions of peace; (2) call on the experience and expertise of the people of the United States and seek participation in the development of policy from private, public, and nongovernmental organizations; (3) monitor and analyze causative principles of conflict and make policy recommendations for developing and maintaining peaceful conduct; (4) research effective violence reduction programs and promote and promulgate such programs within Government and society; and (5) consult with private, public, and nongovernmental organizations to develop a metric model that provides the means to measure and report progress toward peace in the United States to the President, Congress, and the people of the United States, and issue reports on such progress annually. (b) Domestic responsibilities The Secretary shall collaborate with governmental and nongovernmental entities and citizens to promote personal and community security and peace by— (1) developing new policies and supporting existing policies that effectively address personal and family violence, including suicide, domestic violence, spousal abuse, child abuse, and mistreatment of the elderly; (2) creating new policies and programs and expanding existing policies and programs that effectively reduce drug and alcohol abuse; (3) developing new policies and programs and expanding existing policies and programs that effectively address crime, punishment, and rehabilitation, including— (A) working to reduce prison recidivism rates; (B) supporting the implementation of nonviolent conflict resolution education and training for victims, perpetrators, and those who work with them; and (C) supporting effective police and community relations; (4) analyzing existing policies, employing successful, field-tested programs, and developing new approaches for dealing with the tools of violence, including handguns, especially among youth; (5) developing new and expanding effective programs that relate to the societal challenges of school violence, gangs, racial or ethnic violence, violence against gays and lesbians, and police-community relations disputes; (6) making policy recommendations to the Attorney General regarding civil rights and labor law; (7) assisting in the establishment and funding of community-based violence prevention programs, including violence prevention counseling and peer mediation in schools and unarmed civilian peacekeeping at a local level; (8) providing counseling and advocating on behalf of individuals victimized by violence; (9) providing for public education programs and counseling strategies that promote tolerance and respect for the diversity of the people of the United States with regard to race, religion, creed, gender and gender identification, sexual orientation, age, ethnicity, and other perceived difference; and (10) supporting local community initiatives that draw on neighborhood resources to create peace projects that facilitate the development of conflict resolution and thereby inform and inspire national policy. (c) International responsibilities The Secretary shall— (1) advise the Secretary of Defense and the Secretary of State on matters relating to national security, including the protection of human rights and the prevention of, amelioration of, and de-escalation of unarmed and armed international conflict; (2) contribute to and participate in the development of training of all United States personnel who administer post-conflict reconstruction and demobilization in war-torn societies; (3) sponsor country and regional conflict-prevention and dispute-resolution initiatives, create special task forces, and draw on local, regional, and national expertise to develop plans and programs for addressing the root sources of conflict in troubled areas; (4) counsel and advocate on behalf of women victimized by violence, including rape, during conflict and post-conflict situations; (5) provide for exchanges between the United States and other nations of individuals who endeavor to develop domestic and international peace-based initiatives; (6) encourage the development of international sister city programs, pairing United States cities with cities around the globe for artistic, cultural, economic, educational, and faith-based exchanges; (7) establish and administer a budget designated for the training and deployment of unarmed civilian peacekeepers to participate in multinational nonviolent peacekeeping forces that may be conducted by civilian, governmental, or multilateral organizations; (8) jointly with the Secretary of the Treasury, strengthen peace enforcement through hiring and training monitors and investigators to help with the enforcement of international arms embargoes; (9) bring together all stakeholders who are impacted by a conflict by facilitating peace summits where such stakeholders may gather under carefully prepared conditions to promote nonviolent communication and mutually beneficial solutions; (10) submit to the President recommendations for reductions in weapons of mass destruction, and make annual reports to the President on the sale of arms from the United States to other nations, with analysis of the impact of such sales on the defense of the United States and how such sales affect peace; (11) in consultation with the Secretary of State, develop strategies for sustainability and management of the distribution of international funds; (12) advise the Permanent Representative of the United States to the United Nations on matters pertaining to the United Nations Security Council; and (13) support the implementation of international peacebuilding strategies through a balanced use of peacebuilding, diplomacy, development, and defense. (d) Membership of the Secretary of Peacebuilding on the National Security Council Section 101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) is amended— (1) in paragraph (6), by striking Director for Mutual Security; and inserting Secretary of Peacebuilding; and ; (2) by striking paragraph (7); (3) by redesignating paragraph (8) as paragraph (7); and (4) in paragraph (7) (as redesignated by paragraph (3) of this subsection), by striking the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, . (e) Human security responsibilities The Secretary shall address and offer nonviolent conflict resolution strategies and suggest resources for unarmed civilian peacekeepers to the appropriate relevant parties on issues of human security if such security is threatened by conflict, whether such conflict is geographic, religious, ethnic, racial, or class-based in its origin, derives from economic concerns, or is initiated through disputes concerning scarcity of natural resources (such as water and energy resources), food, trade, or climate and environmental concerns. (f) Media-Related responsibilities Respecting the First Amendment to the Constitution of the United States and the requirement for free and independent media, the Secretary shall— (1) seek assistance in the design and implementation of nonviolent policies from media professionals; (2) study the role of the media in the escalation and de-escalation of conflict at domestic and international levels, including the role of fear-inducing and hate-inducing speech and actions, and making the findings of such study public; and (3) make recommendations to professional media organizations in order to provide opportunities to increase media awareness of peace-building initiatives. (g) Educational responsibilities The Secretary shall— (1) with the support of, and in consultation with, the United States Institute of Peace, develop a peace education curriculum that includes studies of— (A) the civil rights movement in the United States and throughout the world, with special emphasis on the role of nonviolence and how individual endeavor and involvement have contributed to advancements in peace and justice; (B) peace agreements and circumstances in which peaceful intervention has worked to stop conflict; and (C) the patriarchal structure of society and the inherent violence of such structure in the shaping of relationships and institutions; (2) in consultation with the Secretary of Education— (A) commission the development of such curriculum and make such curriculum available to local school districts to enable the use of peace education objectives at elementary schools and secondary schools in the United States; (B) support in early childhood, elementary schools, secondary schools, and institutions of higher education a well-resourced, balanced education that includes math, science, English, history, ethnic studies, social studies, health, physical education, foreign languages, the arts, and music that will prepare students for success in a globally interconnected world; and (C) offer incentives in the form of grants and training to encourage the development of State peace curricula and assist schools in applying for such curricula; (3) work with educators to equip students to become skilled in achieving peace through reflection, and facilitate instruction in the ways of peaceful conflict resolution; (4) ensure that schools are nonviolence zones that provide a peaceful educational environment; (5) create school and community cultures where students and staff do not feel threatened and are free from bullying and harassment by developing and implementing curricula in nonviolent conflict resolution education for teachers, students, parents, the school community, and the community at large; (6) maintain a public website to solicit and receive ideas for the development of peace from the wealth of the politically, socially, and culturally diverse public; (7) proactively engage the critical thinking capabilities of students and teachers of elementary schools, secondary schools, and institutions of higher education through the Internet and other media and issue periodic reports concerning any submissions from such students and teachers; (8) create and establish a Peace Academy that shall— (A) be modeled after the military service academies; and (B) provide a 4-year course of instruction in peace education, after which graduates will be required to serve 5 years in public service in programs dedicated to domestic or international nonviolent conflict resolution; and (9) provide grants for peace studies departments in institutions of higher education throughout the United States. 103. Principal officers (a) Under Secretary of Peacebuilding The President shall appoint an Under Secretary of Peacebuilding in the Department, by and with the advice and consent of the Senate. During the absence or disability of the Secretary, or in the event of a vacancy in the office of the Secretary, the Under Secretary shall act as Secretary. The Secretary shall designate the order in which other officials of the Department shall act and perform the functions of the Secretary during the absence or disability of both the Secretary and Under Secretary or in the event of vacancies in both offices. (b) Additional positions (1) In general The President shall appoint in the Department, by and with the advice and consent of the Senate— (A) an Assistant Secretary for Peace Education and Training; (B) an Assistant Secretary for Domestic Peace Activities; (C) an Assistant Secretary for International Peace Activities; (D) an Assistant Secretary for Technology for Peace; (E) an Assistant Secretary for Arms Control and Disarmament; (F) an Assistant Secretary for Peacebuilding Information and Research; (G) an Assistant Secretary for Human and Economic Rights; and (H) a General Counsel. (2) Establishment of Inspector General of the Department of Peacebuilding Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in paragraph (1), by inserting Peacebuilding, after Homeland Security, ; and (B) in paragraph (2), by inserting Peacebuilding, after Homeland Security, . (3) Additional officers The President shall appoint 4 additional officers in the Department, by and with the advice and consent of the Senate. The officers appointed under this paragraph shall perform such functions as the Secretary shall prescribe, including— (A) congressional relations functions; (B) public information functions, including providing, through the use of the latest technologies, useful information about peace and the work of the Department; (C) management and budget functions; and (D) planning, evaluation, and policy development functions, including development of policies to promote the efficient and coordinated administration of the Department and its programs and encourage improvements in conflict resolution and violence prevention. (4) Description of functions In any case in which the President submits the name of an individual to the Senate for confirmation as an officer of the Department under this subsection, the President shall state the particular functions such individual will exercise upon taking office. (c) Authority of Secretary Each officer described in this section shall report directly to the Secretary and shall, in addition to any functions vested in or required to be delegated to such officer, perform such additional functions as the Secretary may prescribe. 104. Office of Peace Education and Training (a) In general There shall be in the Department an Office of Peace Education and Training, the head of which shall be the Assistant Secretary for Peace Education and Training. The Assistant Secretary for Peace Education and Training shall carry out those functions of the Department relating to the creation, encouragement, and impact of peace education and training at the elementary, secondary, university, and postgraduate levels, including the development of a Peace Academy, and disseminate applicable policies and research in consultation with entities of the Department of Health and Human Services, including— (1) the Administration for Children and Families; (2) the Administration on Aging; (3) Centers for Disease Control and Prevention; and (4) the National Institutes of Health. (b) Peace curriculum The Assistant Secretary of Peace Education and Training, in consultation with the Secretary of Education, the United States Institute of Peace, nongovernmental groups, public institutions, peace and conflict studies programs of institutions of higher education, and Federal agencies that provide effective peace training materials and curricula, shall support the development and dissemination of effective peace curricula and supporting materials for distribution to departments of education in each State and territory of the United States. The peace curriculum shall include— (1) building communicative peace skills and nonviolent conflict resolution skills; (2) teaching and fostering compassion, empathy, tolerance, respect, inclusion, and forgiveness; and (3) promoting other objectives to increase the knowledge of peace processes. (c) Grants The Assistant Secretary of Peace Education and Training shall— (1) provide peace education grants to institutions of higher education for the creation and expansion of peace studies departments and the education and training of teachers in peace studies; and (2) create a Community Peace Block Grant program under which the Secretary shall make grants to nonprofit organizations and nongovernmental organizations for the purposes of developing innovative neighborhood programs for nonviolent conflict resolution and creating local peacebuilding initiatives. 105. Office of Domestic Peace Activities (a) In general There shall be in the Department an Office of Domestic Peace Activities, the head of which shall be the Assistant Secretary for Domestic Peace Activities. The Assistant Secretary for Domestic Peace Activities shall carry out those functions in the Department affecting domestic peace activities, including the development of policies that increase awareness about intervention and counseling on domestic violence and conflict. (b) Responsibilities The Assistant Secretary for Domestic Peace Activities shall— (1) develop policy and disseminate best practices from the field for the treatment of drug and alcohol abuse; (2) develop community-based strategies for celebrating diversity and promoting tolerance; (3) develop new policies and build on existing proven programs— (A) to assist in the prevention of crime, including the development of community policing strategies and peaceful settlement skills among police and other public safety officers; (B) to assist in the re-entry into the community by individuals who have been incarcerated, including training in anger management and peacebuilding skills, life skills, and educational and job skills; (C) to assist in creating strong and healthy families, including supporting mental health services, domestic violence prevention, gang prevention, anti-bullying programs, substance abuse prevention, and parenting skills; (D) to provide restorative justice programs at all levels of the criminal justice system that bring together offenders, victims, and community members in an effort to repair the damage caused by criminal activity through accountability and rehabilitation; (E) to provide for training and deployment into neighborhoods of nonmilitary domestic conflict prevention and peacemaking personnel, including violence interrupters and civilian community peacekeepers; and (F) to implement community-based policing to break down barriers between law enforcement officers and the people such officers serve; (4) promote informal and cultural exchanges between individuals and groups of proximate neighborhoods and regions to encourage understanding and acceptance; and (5) disseminate applicable policies and research in consultation with appropriate entities of— (A) the Department of Justice; (B) the Department of Health and Human Services; (C) the Department of State; and (D) the Department of Education. (c) Grants The Assistant Secretary for Domestic Peace Activities shall create a grant program to be known as the Cultural Diplomacy for Peace grant program under which the Secretary shall make grants to elementary schools, secondary schools, institutions of higher education, nonprofit organizations, and nongovernmental organizations for the purpose of developing domestic cultural exchanges, including exchanges relating to the arts and sports, that promote diplomacy and cultural understanding between neighborhoods and members of the neighboring communities. 106. Office of International Peace Activities (a) In general There shall be in the Department an Office of International Peace Activities, the head of which shall be the Assistant Secretary for International Peace Activities. The Assistant Secretary for International Peace Activities shall carry out those functions in the Department affecting international peace activities. (b) Responsibilities The Assistant Secretary for International Peace Activities shall— (1) develop new programs and promote existing proven programs to— (A) provide for the training and deployment of graduates of the Peace Academy established under section 102(f) and other nonmilitary conflict prevention and peacemaking personnel; (B) support country and regional conflict prevention and dispute resolution initiatives in countries experiencing social, political, or economic strife; (C) provide training for the administration of post-conflict reconstruction and demobilization in war-torn societies; (D) address root causes of violence; (E) eradicate extreme hunger and poverty; (F) achieve universal primary education; and (G) empower women and girls; (2) support the creation of a multinational nonviolent peace force; (3) provide for the exchanges between individuals of the United States and other nations who are endeavoring to develop domestic and international peace-based initiatives; and (4) disseminate applicable policies and research in consultation with appropriate entities of— (A) the Department of State; (B) the Department of Labor; (C) the Peace Corps; and (D) the United States Institute of Peace. (c) Grants The Assistant Secretary for International Peace Activities shall create a grant program to be known as the International Cultural Diplomacy for Peace grant program under which the Secretary shall make grants to elementary schools, secondary schools, institutions of higher education, nonprofit organizations, and nongovernmental organizations for the purpose of developing international cultural exchanges, including exchanges related to the arts and sports, that promote diplomacy and cultural understanding between the United States and members of the international community. 107. Office of Technology for Peace (a) In general There shall be in the Department an Office of Technology for Peace, the head of which shall be the Assistant Secretary for Technology for Peace. The Assistant Secretary for Technology for Peace shall carry out those functions in the Department affecting the awareness, study, and impact of developing new technologies on the creation and maintenance of domestic and international peace, and disseminate applicable policies and research in consultation with appropriate entities of the Department of State. (b) Grants The Assistant Secretary for Technology for Peace shall make grants for the research and development of technologies in transportation, communications, agriculture, and energy that— (1) are nonviolent in application; and (2) encourage the conservation and sustainability of natural resources in order to prevent future conflicts regarding scarce resources. 108. Office of Arms Control and Disarmament (a) In general There shall be in the Department an Office of Arms Control and Disarmament, the head of which shall be the Assistant Secretary for Arms Control and Disarmament. The Assistant Secretary for Arms Control and Disarmament shall carry out those functions in the Department affecting arms control programs and arms limitation agreements. (b) Responsibilities The Assistant Secretary for Arms Control and Disarmament shall— (1) advise the Secretary on interagency discussions and international negotiations, including discussions involving the Secretary of State, the Atomic Energy Commission, and the Secretary of Defense, regarding the reduction and elimination of weapons of mass destruction throughout the world, including the dismantling of such weapons and the safe and secure storage of materials related thereto; (2) assist nations, international agencies, and nongovernmental organizations in assessing the locations of the buildup of nuclear arms and other weapons of mass destruction; (3) develop nonviolent strategies to deter testing or use of offensive or defensive nuclear weapons and other weapons of mass destruction, whether based on land, air, sea, or in space; (4) serve as a depository for copies of all contracts, agreements, and treaties that address the reduction and elimination of nuclear weapons and other weapons of mass destruction or the protection of space from militarization; (5) provide technical support and legal assistance for the implementation of such agreements; and (6) disseminate applicable policies and research in consultation with appropriate entities of the Department of State and the Department of Commerce. 109. Office of Peacebuilding Information and Research (a) In general There shall be in the Department an Office of Peacebuilding Information and Research, the head of which shall be the Assistant Secretary for Peacebuilding Information and Research. The Assistant Secretary for Peacebuilding Information and Research shall carry out those functions in the Department affecting research and analysis relating to creating, initiating, and modeling approaches to peaceful coexistence and nonviolent conflict resolution. (b) Responsibilities The Assistant Secretary for Peacebuilding Information and Research shall— (1) commission or compile studies on the impact of war, especially on the physical and mental condition of children (using the 10-point anti-war agenda in the United Nations Children’s Fund report, State of the World’s Children 1996, as a guide) that shall include the study of the effect of war on the environment and public health; (2) compile information on effective community peacebuilding activities and disseminate such information to local governments and nongovernmental organizations in the United States and abroad; (3) commission or compile research on the effect of violence in the media and make such reports available to the Congress annually; (4) publish a monthly journal of the activities of the Department and encourage scholarly participation; (5) sponsor conferences throughout the United States to create awareness of the work of the Department; and (6) where applicable, work to carry out the responsibilities under this subsection in consultation with the United States Institute of Peace and other governmental and nongovernmental entities, including— (A) the Department of Health and Human Services; (B) the Department of Justice; and (C) the Department of State. 110. Office of Human Rights and Economic Rights (a) In general There shall be in the Department an Office of Human Rights and Economic Rights, the head of which shall be the Assistant Secretary for Human Rights and Economic Rights. The Assistant Secretary for Human Rights and Economic Rights shall carry out those functions in the Department that support the principles of the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on December 10, 1948. (b) Responsibilities The Assistant Secretary for Human Rights and Economic Rights shall— (1) assist the Secretary, in consultation with the Secretary of State, in furthering the incorporation of the principles of human rights, as enunciated in the Universal Declaration of Human Rights, United Nations General Assembly Resolution 217A (III) of December 10, 1948, into all agreements between the United States and other nations to help reduce the causes of violence; (2) consult with the Secretary of State, the Atrocities Prevention Board of the White House, and other similarly concerned governmental and nongovernmental agencies to gather information on and document domestic and international human rights abuses, including genocide, torture, human trafficking, child soldiers, and child labor, and recommend to the Secretary nonviolent responses to promote awareness, understanding, and correction of abuses; (3) make such information available to other governmental and nongovernmental agencies in order to facilitate nonviolent conflict resolution; (4) provide trained observers to work with nongovernmental organizations for purposes of creating a climate conducive to the respect for human rights; (5) conduct economic analyses of the scarcity of human and natural resources as a source of conflict and make recommendations to the Secretary for nonviolent prevention of such scarcity, nonviolent intervention in case of such scarcity, and the development of programs to assist people facing such scarcity, whether due to armed conflict, misdistribution of resources, or natural causes; (6) assist the Secretary, in consultation with the Secretary of State and the Secretary of the Treasury, in developing strategies regarding the sustainability and the management of the distribution of funds from international agencies, the conditions regarding the receipt of such funds, and the impact of those conditions on the peace and stability of the recipient nations; (7) assist the Secretary, in consultation with the Secretary of State and the Secretary of Labor, in developing strategies to promote full compliance with domestic and international labor rights law; (8) conduct policy analysis to ensure that the international development investments of the United States positively impact the peace and stability of the recipient nation; and (9) disseminate policies and research in consultation with appropriate entities of the Department of State. 111. Intergovernmental Advisory Council on Peace (a) In general There shall be in the Department an advisory committee known as the Intergovernmental Advisory Council on Peace (in this section referred to as the Council ). The Council shall provide assistance and make recommendations to the President and the Secretary concerning intergovernmental policies relating to peace and nonviolent conflict resolution. (b) Responsibilities The Council shall— (1) provide a forum for representatives of Federal, State, and local governments to discuss peace issues; (2) promote better intergovernmental relations and offer professional mediation services to resolve intergovernmental conflict as needed; and (3) submit biennially, or more frequently if determined necessary by the Council, a report to the President, the Secretary, and Congress reviewing the impact of Federal peace activities on the Federal Government and on State and local governments. (c) Membership The Secretary shall appoint the members of the Council. 112. Federal Interagency Committee on Peace (a) Establishment There is established a Federal Interagency Committee on Peace (in this section referred to as the Committee ). The Committee shall— (1) assist the Secretary in providing a mechanism to assure that the procedures and actions of the Department and other Federal agencies are fully coordinated; and (2) study and make recommendations for assuring effective coordination of Federal programs, policies, and administrative practices affecting peace. (b) Membership The Secretary shall appoint the members of the Committee. 113. Staff The Secretary may appoint and fix the compensation of such employees as may be necessary to carry out the functions of the Secretary and the Department. Except as otherwise provided by law, such employees shall be appointed in accordance with applicable laws and the compensation of such employees fixed in accordance with title 5, United States Code. 114. Consultation required (a) Consultation in cases of conflict and violence prevention (1) In general In any case in which a conflict between the United States and any other government or entity is imminent or occurring, the Secretary of Defense and the Secretary of State shall consult with the Secretary of Peacebuilding concerning violence prevention, nonviolent means of conflict resolution, and peacebuilding. (2) Diplomatic initiatives In any case in which a conflict described in paragraph (1) is ongoing or recently concluded, the Secretary shall conduct an independent study of diplomatic initiatives undertaken by the United States and other parties to such conflict. (3) Initiative assessment In any case in which a conflict described in paragraph (1) has recently concluded, the Secretary shall assess the effectiveness of any initiatives in ending such conflict. (4) Consultation process The Secretary shall establish a formal process of consultation in a timely manner with the Secretary of State, the Secretary of Defense, and the National Security Council— (A) prior to the initiation of any armed conflict between the United States and any other nation; and (B) for any matter involving the use of Department of Defense personnel within the United States. (b) Consultation in drafting treaties and agreements The head of each appropriate Federal agency shall consult with the Secretary in drafting treaties and peace agreements. 115. Collaboration The Secretary shall, for the greatest effectiveness in promoting peace and peacebuilding, collaborate with all related programs in all Federal agencies. II OTHER MATTERS 201. Legislative recommendations of the Secretary Not later than 1 year after the date of the appointment of the first Secretary, the Secretary shall prepare and submit to Congress proposed legislation containing any necessary and appropriate amendments to the laws of the United States to carry out the purposes of this Act. 202. Peace Days The Secretary shall encourage citizens to observe and celebrate the blessings of peace and endeavor to create peace on Peace Days. Such days shall include discussions of the professional activities and the achievements in the lives of peacemakers. 203. Definitions In this Act: (1) Department The term Department means the Department of Peacebuilding established under section 101(a). (2) Elementary school The term elementary school has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Federal agency The term Federal agency has the meaning given the term agency in section 551(1) of title 5, United States Code. (4) Institution of higher education The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (5) Nonprofit organization The term nonprofit organization means an entity that— (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986; and (B) is exempt from tax under section 501(a) of such Code. (6) Secondary school The term secondary school has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (7) Secretary The term Secretary means the Secretary of Peacebuilding appointed under section 101(b). 204. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this Act such sums as may be necessary. (b) Limitation on use of funds Of the amounts appropriated pursuant to subsection (a), at least 85 percent shall be used for domestic peace programs, including administrative costs associated with such programs. |
113-hr-809-ih-dtd | 113-hr-809 | 113 | hr | 809 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr809ih.xml | BILLS-113hr809ih.xml | 2023-01-08 17:37:46.639 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H8ACE561EC9934591AAD098954A14205A" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 809 IH: Field EMS Quality, Innovation, and Cost Effectiveness Improvements Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-25
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 809
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="B001275">
Mr. Bucshon
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
, and in addition to the Committee on
<committee-name committee-id="HWM00">
Ways and Means
</committee-name>
, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To provide for improvement of field emergency medical
services, and for other purposes.
</official-title>
</form>
<legis-body id="HE35C463846E740CCA7C2E738893C5908" style="OLC">
<section id="HF4C9BB9897E04465860D0B7C71ADDEC0" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title; table of
contents
</header>
<subsection id="H323DB51937F14E79A52A18897180B450">
<enum>
(a)
</enum>
<header>
Short
title
</header>
<text display-inline="yes-display-inline">
This Act may be cited
as the
<quote>
<short-title>
Field EMS Quality, Innovation,
and Cost Effectiveness Improvements Act of 2013
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="H0048318631954ADFA7D62FF08D457591">
<enum>
(b)
</enum>
<header>
Table of
contents
</header>
<text display-inline="yes-display-inline">
The table of
contents of this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="HF4C9BB9897E04465860D0B7C71ADDEC0" level="section">
Sec. 1. Short title; table of contents.
</toc-entry>
<toc-entry idref="HBF369C7F02774A05A0A838C27654507F" level="section">
Sec. 2. Findings.
</toc-entry>
<toc-entry idref="H0CE14695FA19422487A396FC29D1EA22" level="section">
Sec. 3. Definitions.
</toc-entry>
<toc-entry idref="H289709F8660F469289E46137ED44C278" level="section">
Sec. 4. Recognition of HHS as primary Federal agency for
emergency medical services and trauma care.
</toc-entry>
<toc-entry idref="HADD742DB5E9F44BF80946D02BA4A3F98" level="section">
Sec. 5. Field EMS Excellence, Quality, Universal Access,
Innovation, and Preparedness.
</toc-entry>
<toc-entry idref="H68FF45AE08634265AC279CC6A5C8641D" level="section">
Sec. 6. Field EMS System Performance, Integration, and
Accountability.
</toc-entry>
<toc-entry idref="HDE6D730E0932491EA406A815E5BB1F8B" level="section">
Sec. 7. Field EMS quality.
</toc-entry>
<toc-entry idref="H36EE9767FD304780BA0DAB36AFE61653" level="section">
Sec. 8. Field EMS education grants.
</toc-entry>
<toc-entry idref="H9FE69532B0D240FCA801DAF47D95CB32" level="section">
Sec. 9. Evaluating innovative models for access and delivery of
field EMS for patients.
</toc-entry>
<toc-entry idref="H247D4E73820944918ECB06F61FAD1063" level="section">
Sec. 10. Enhancing research in field EMS.
</toc-entry>
<toc-entry idref="HDCC4D495C1A747FB9341410F7B78C510" level="section">
Sec. 11. Emergency Medical Services Trust Fund.
</toc-entry>
<toc-entry idref="H85365C5572044D268B124FC5F77CA302" level="section">
Sec. 12. Authorization of appropriations.
</toc-entry>
</toc>
</subsection>
</section>
<section id="HBF369C7F02774A05A0A838C27654507F">
<enum>
2.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
The Congress finds the following:
</text>
<paragraph id="H38CA01DAE422464D97E19246AE7D32AA">
<enum>
(1)
</enum>
<text>
All persons
throughout the country should have access to and receive high-quality emergency
medical care as part of a coordinated emergency medical services system.
</text>
</paragraph>
<paragraph id="HFE73CCBD70F84DB985D2FCFF0816D107">
<enum>
(2)
</enum>
<text>
Properly
functioning emergency medical services (EMS) systems, 24 hours per day, 7 days
per week, are essential to ensure access to emergency medical care and
transport for all patients with emergency medical conditions. Such coordinated
EMS systems are also necessary for response to catastrophic incidents.
</text>
</paragraph>
<paragraph id="H8FC10FCBD0BA47B184BEE05E2E950F6B">
<enum>
(3)
</enum>
<text>
Ensuring
high-quality and cost-effective EMS systems requires readiness, preparedness,
medical direction, oversight, and innovation throughout the continuum of
emergency medical care through Federal, State, and local multijurisdictional
collaboration and sufficient resources for EMS agencies and providers.
</text>
</paragraph>
<paragraph id="H1E71F9F4E28C4EDEAF8E2169233DB86A">
<enum>
(4)
</enum>
<text>
At the Federal
level, EMS responsibilities and resources of several Federal agencies
consistent with their expertise and authority must emphasize the critical
importance of Federal agency collaboration and coordination for all emergency
medical services.
</text>
</paragraph>
<paragraph id="H522AB533EB1440C38EC6B8975EFCCEE7">
<enum>
(5)
</enum>
<text>
At the State and
local level, EMS systems and agencies require the coordination and improved
capabilities of multiple and diverse stakeholders.
</text>
</paragraph>
<paragraph id="HA0965498576448448BC49E91286A3438">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
Emergency medical services encompass the
provision of care provided to patients with emergency medical conditions
throughout the continuum, including emergency medical care and trauma care
provided in the field, hospital, and rehabilitation settings.
</text>
</paragraph>
<paragraph id="HF699B40F906C4B2696F98526BBB401C0">
<enum>
(7)
</enum>
<text>
Field EMS
comprises essential emergency medical services, including medical care or
medical transport provided to patients prior to or outside medical facilities
and other clinical settings. The primary purpose of field emergency medical
services is to ensure that emergency medical patients receive the right care at
the right place in the right amount of time.
</text>
</paragraph>
<paragraph id="HD6FB0FF6AB164FB3B285E3CCE29EFC19">
<enum>
(8)
</enum>
<text>
Coordinated and
high-quality field EMS is essential to the Nation’s security. Field EMS is an
essential public service provided by governmental and nongovernmental agencies
and practitioners 24 hours a day, 7 days a week, and during catastrophic
incidents. To ensure disaster and all-hazards preparedness for EMS operations
as part of the Nation’s comprehensive disaster preparedness, Federal funding
for preparedness activities, including catastrophic training and drills, must
be provided to governmental and nongovernmental EMS agencies so as to ensure a
greater capability within each of these areas.
</text>
</paragraph>
<paragraph id="HB204CB14BC2941328E7D54818B2ADB33">
<enum>
(9)
</enum>
<text>
Numerous
recommendations from several significant national reports and documents have
demonstrated the need in multiple areas for substantial improvement of
emergency medical services provided in the field, including recommendations in
the EMS Agenda for the Future, the Institute of Medicine report
<quote>
The
Future of Emergency Care in the United Health System
</quote>
, and the National
EMS Education Agenda for the Future: A Systems Approach and recommendations by
the National EMS Workforce Injury and Illness Surveillance Program, the
Department of Transportation’s National EMS Advisory Council (NEMSAC), and the
Federal Interagency Committee on Emergency Medical Services (FICEMS).
</text>
</paragraph>
<paragraph id="H13F2E10C4A62446DA947EEA3EA8A6C93">
<enum>
(10)
</enum>
<text>
To substantially
improve field EMS, advancements must be made in several essential areas
including readiness, innovation, preparedness, education and workforce
development, safety, financing, quality, standards, and research.
</text>
</paragraph>
<paragraph id="HBF9C5F058AC54957B3E662BC224E79FD">
<enum>
(11)
</enum>
<text display-inline="yes-display-inline">
The recognition of a primary programmatic
Federal agency for emergency medical services within the Department of Health
and Human Services was recommended by the Institute of Medicine and is
necessary to provide a more streamlined, cost-efficient, and comprehensive
approach for field EMS and a focal point for practitioners and agencies to
interface with the Federal Government.
</text>
</paragraph>
<paragraph id="H36CDF146FD734F7F9E58498D47A24646">
<enum>
(12)
</enum>
<text>
The essential
role of field EMS in disaster preparedness and response must be incorporated
into the national preparedness and response strategy and implementation as
provided and overseen by the Department of Homeland Security and the Department
of Health and Human Services pursuant to their respective jurisdictions.
</text>
</paragraph>
<paragraph id="HB788EBD6DAE548FCA6ED0CB004FF2F28">
<enum>
(13)
</enum>
<text>
The essential
role of NHTSA in the continued development of NEMSIS and in overseeing
transportation issues related to field EMS such as EMS and ambulance vehicle
safety standards should be maintained.
</text>
</paragraph>
<paragraph id="HA03B1D3B82AC4AC296E582B99AFE5ADB">
<enum>
(14)
</enum>
<text>
FICEMS must
continue in its essential role in coordinating the Federal activities related
to the full spectrum of EMS.
</text>
</paragraph>
</section>
<section id="H0CE14695FA19422487A396FC29D1EA22">
<enum>
3.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act:
</text>
<paragraph id="H35BCC895CD8A4F2FB1EC85039D6DB3EC">
<enum>
(1)
</enum>
<text>
The term
<term>
ambulance diversion
</term>
means the practice by hospitals of denying
access to an incoming ambulance by requesting it to proceed to another facility
due to a stated lack of capacity at the initial facility, resulting in delayed
access to definitive care.
</text>
</paragraph>
<paragraph id="H5C4DB17E5CD1430D9E13A7F669109EFE">
<enum>
(2)
</enum>
<text>
The term
<term>
EMS
</term>
means emergency medical services.
</text>
</paragraph>
<paragraph id="H5C4A30484D8F40E6A559B72AD808617F">
<enum>
(3)
</enum>
<text>
The term
<term>
FICEMS
</term>
means the Federal Interagency Committee on Emergency
Medical Services.
</text>
</paragraph>
<paragraph id="H9BAEA1A066064EFF9AF987C6F1C2DB80">
<enum>
(4)
</enum>
<text>
The term
<term>
field EMS
</term>
means emergency medical services provided to patients
(including transport by ground, air, or otherwise) prior to or outside a
medical facility or other clinical setting.
</text>
</paragraph>
<paragraph id="HA0FAA57A9BDC4479BE9B4FE808991170">
<enum>
(5)
</enum>
<text>
The term
<term>
field EMS agency
</term>
means an organization providing field EMS,
regardless of—
</text>
<subparagraph id="HF530785B1C2F49B68173FE82065408FC">
<enum>
(A)
</enum>
<text>
whether such
organization is governmental, nongovernmental, or volunteer; and
</text>
</subparagraph>
<subparagraph id="HBD04BDEA2BD54AAAA2C31FFECCBE9EC3">
<enum>
(B)
</enum>
<text>
whether such
organization provides field EMS by ground, air, or otherwise.
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="HB7B7CE740F3040C396288AE88A29A222">
<enum>
(6)
</enum>
<text>
The term
<term>
emergency medical services
</term>
or
<term>
EMS
</term>
means emergency
medical care, trauma care, and related services provided to patients at any
point in the continuum of health care services, including emergency medical
dispatch and emergency medical care, trauma care, and related services provided
in the field, during transport, or in a medical facility or other clinical
setting.
</text>
</paragraph>
<paragraph id="HA52A6B982EB24934A76F0E9276C7C02E">
<enum>
(7)
</enum>
<text>
The term
<term>
field EMS patient care reports
</term>
means the information that a field
EMS agency typically creates regarding a patient’s medical condition and
treatment in the course of providing emergency medical services to that
patient.
</text>
</paragraph>
<paragraph id="HA841838CF3F941EE96D308D33674F369">
<enum>
(8)
</enum>
<text>
The term
<term>
medical oversight
</term>
means the supervision by a physician of the
medical aspects of an EMS system or agency and its providers including
prospective, concurrent, and respective components of field EMS and the
education of EMS providers.
</text>
</paragraph>
<paragraph id="H3264572433E745F499C1A52FDA393EA8">
<enum>
(9)
</enum>
<text>
The term
<term>
NEMSAC
</term>
means the National Emergency Medical Services Advisory
Council.
</text>
</paragraph>
<paragraph id="HE916630425634D3A8D1BCBAF4EB98A1E">
<enum>
(10)
</enum>
<text display-inline="yes-display-inline">
The term
<term>
NEMSIS
</term>
means the
National EMS Information System.
</text>
</paragraph>
<paragraph id="H7E812A70309D44AAA92FE8615AC0561D">
<enum>
(11)
</enum>
<text>
The term
<term>
NHTSA
</term>
means the National Highway Traffic Safety
Administration.
</text>
</paragraph>
<paragraph id="HF275E6FAFD234910B3FF58B747CB0848">
<enum>
(12)
</enum>
<text>
The term
<term>
patient parking
</term>
means the practice by hospitals of refusing to
accept transfer of a patient’s care from an ambulance crew until a regular
emergency department bed is available, requiring the crew to continue to
provide patient care on the ambulance stretcher other than a patient bed in the
hospital until hospital staff will accept the transfer of care, resulting in
delayed access to definitive care.
</text>
</paragraph>
<paragraph id="H2C4CE98689444A119F09F75400308937">
<enum>
(13)
</enum>
<text>
The term
<term>
State EMS Office
</term>
means an office designated by the State with
primary responsibility for oversight of the State’s EMS system, such as
responsibility for oversight of EMS coordination, licensing or certifying EMS
practitioners, and EMS system improvement.
</text>
</paragraph>
<paragraph id="H390E53AF248C4DE8A2B2287C8E87D509">
<enum>
(14)
</enum>
<text>
The term
<term>
STEMI
</term>
means ST–Segment Elevation Myocardial Infarction.
</text>
</paragraph>
</section>
<section id="H289709F8660F469289E46137ED44C278">
<enum>
4.
</enum>
<header>
Recognition of
HHS as primary Federal agency for emergency medical services and trauma
care
</header>
<subsection id="H0186CC2D4F56477781123390566FC6FD">
<enum>
(a)
</enum>
<header>
Primary Federal
agency
</header>
<text display-inline="yes-display-inline">
The Department of
Health and Human Services shall serve as the primary Federal agency with
responsibility for programs and activities relating to emergency medical
services and trauma care.
</text>
</subsection>
<subsection id="H5DB984B7C6F348949E94E25722738960">
<enum>
(b)
</enum>
<header>
Office of EMS
and Trauma
</header>
<paragraph id="H1865EF224FE84B37AD8BA4D3DF402216">
<enum>
(1)
</enum>
<header>
Establishment
</header>
<text display-inline="yes-display-inline">
There is established an Office of Emergency
Medical Services and Trauma, to be known as the Office of EMS and Trauma,
within the Department of Health and Human Services. The Office of EMS and
Trauma shall be headed by a director appointed by the Secretary of Health and
Human Services.
</text>
</paragraph>
<paragraph commented="no" id="HD2D3D032BFB4434DB617EFD713E386D2">
<enum>
(2)
</enum>
<header>
Role of Office
within HHS
</header>
<subparagraph commented="no" id="H3F0B4749E7654966A10E1812A577B601">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The Office of EMS and Trauma shall have—
</text>
<clause commented="no" id="H8D49D1B42CF34D6F8EAFB8B473207962">
<enum>
(i)
</enum>
<text>
the
responsibilities delegated to the Office of EMS and Trauma pursuant to
paragraph (3);
</text>
</clause>
<clause commented="no" id="HC546E4ED4C834CE4BCB7CF32C0314586">
<enum>
(ii)
</enum>
<text>
the
responsibilities and authorities vested in the Office of EMS and Trauma by
other provisions of this Act; and
</text>
</clause>
<clause commented="no" id="H32AAED3E7D254DD68CDF1967A4D61E45">
<enum>
(iii)
</enum>
<text>
such
responsibilities and authorities as may be delegated or transferred to the
Office of EMS and Trauma pursuant to subparagraph (B).
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H03E9B949E1124FE585932CBB9FE9B8EA">
<enum>
(B)
</enum>
<header>
Additional
responsibilities and authorities
</header>
<text>
In addition to the
responsibilities and authorities specified in clauses (i) and (ii) of
subparagraph (A), the Secretary of Health and Human Services may delegate or
transfer to the Office of EMS and Trauma any other responsibility or authority
of the Department of Health and Human Services relating to emergency medical
services and trauma care, including such services and care relating to—
</text>
<clause commented="no" display-inline="no-display-inline" id="HB0DD376AEC4A4D8E91B46B36208463B3">
<enum>
(i)
</enum>
<text>
the full continuum
of emergency medical services, including field EMS and trauma and hospital
emergency medical care; or
</text>
</clause>
<clause commented="no" id="HDDDAD3FF1785442F9205F9ABD906BDF2">
<enum>
(ii)
</enum>
<text>
improving the
quality, innovation, or cost effectiveness of emergency medical
services.
</text>
</clause>
</subparagraph>
<subparagraph id="H0ABBAEB22C3C427BB11FBC003C753F7F">
<enum>
(C)
</enum>
<header>
Location of
office in HHS
</header>
<text>
The Secretary shall locate the Office of EMS and
Trauma within the organizational structure of the Department of Health and
Human Services in a manner that achieves each of the following:
</text>
<clause id="H652F1F6F848A44C0A302531E2D35EC10">
<enum>
(i)
</enum>
<text>
Recognition of the
importance and unique life-saving services associated with field EMS, trauma
care, and hospital emergency care as a significant Federal priority.
</text>
</clause>
<clause id="H5E76F89AA33647118628A9314C092B4A">
<enum>
(ii)
</enum>
<text>
Integration of
these essential services with the larger health care system and within the
disaster preparedness system, including through regionalization of such
services and by enhancing daily readiness capabilities to ensure adequate
disaster readiness capabilities, consistent with the National Health Security
Strategy.
</text>
</clause>
<clause id="HB70E67094F9D4633AC3890F680EA8277">
<enum>
(iii)
</enum>
<text>
Consolidation,
co-location, and cost efficiencies in administering programs and activities
related to field EMS, trauma care, and hospital emergency medical care.
</text>
</clause>
<clause id="HE3505F25BFEF48A28A548F9458DB97DA">
<enum>
(iv)
</enum>
<text>
Establishment of
a Federal focal point for leadership and improved coordination, support, and
oversight of field EMS, trauma care and hospital emergency medical care.
</text>
</clause>
<clause id="H3A06C90D90E9429A8C7D8FDC50B1BA85">
<enum>
(v)
</enum>
<text>
Sufficient level
and stature such that—
</text>
<subclause id="HAFC7D75FABD74420955428D5F2CF5326">
<enum>
(I)
</enum>
<text>
such Office is
able to fulfill its role, responsibilities, and authorities; and
</text>
</subclause>
<subclause id="H2D1E90B6633E49E0BDB783DBE5EC037D">
<enum>
(II)
</enum>
<text>
the Director of
such Office reports directly to the Secretary or an official within the
Department who reports directly to the Secretary.
</text>
</subclause>
</clause>
<clause id="H92AD2DBF77B74BD8A8E891E3DE39F74A">
<enum>
(vi)
</enum>
<text>
Establishment of
a visible and identifiable point of contact with which the public; EMS agencies
and practitioners; State and local government agencies; EMS educational
institutions; EMS, trauma, and hospital emergency care professional
associations; and all other parties may interact.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HE9F713BDB62444BD8708BB61B0846E49">
<enum>
(3)
</enum>
<header>
Responsibilities
</header>
<text display-inline="yes-display-inline">
The Secretary of Health and Human Services
shall, at a minimum, delegate responsibility to the Office of EMS and Trauma to
carry out—
</text>
<subparagraph id="H35205AEBD6BF4067BBB7EB07F0F7520F">
<enum>
(A)
</enum>
<text>
sections 5 and 6
(relating to the EQUIP and SPIA grant programs, respectively);
</text>
</subparagraph>
<subparagraph id="H23352990EE124648A333239C0C5B4FDE">
<enum>
(B)
</enum>
<text>
section 330J of
the Public Health Service Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/254c-15">
42 U.S.C. 254c–15
</external-xref>
; relating to rural emergency
service training and equipment assistance program);
</text>
</subparagraph>
<subparagraph commented="no" id="H551F08C1E9CD43BC888144464A9B95F0">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
part A (
<external-xref legal-doc="usc" parsable-cite="usc/42/300d">
42 U.S.C. 300d et seq.
</external-xref>
), part B (42
U.S.C. 300d–11 et seq.), part C (
<external-xref legal-doc="usc" parsable-cite="usc/42/300d-31">
42 U.S.C. 300d–31 et seq.
</external-xref>
), part D (42 U.S.C.
300d–41 et seq.), and part H (
<external-xref legal-doc="usc" parsable-cite="usc/42/300d-81">
42 U.S.C. 300d–81 et seq.
</external-xref>
) of title XII of the
Public Health Service Act (relating to trauma care);
</text>
</subparagraph>
<subparagraph commented="no" id="H84518462C3C844D98FEECB8875EBC19C">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
section 8 (relating to the field EMS
education grant program); and
</text>
</subparagraph>
<subparagraph commented="no" id="H7C891C57F92C4E87B468383BF21056B4">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
section 9 (relating to evaluating
innovative models for access and delivery of field EMS for patients).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H749C7415CC6840188D9F4CDB08655509">
<enum>
(c)
</enum>
<header>
National EMS
strategy
</header>
<text>
The Secretary of Health and Human Services, acting
through the Director of the Office of EMS and Trauma, and in consultation with
the Assistant Secretary for Preparedness and Response and the Administrator of
the Health Resources and Services Administration, shall develop and implement a
cohesive national EMS strategy to strengthen the development of the full
continuum of EMS at the Federal, State, and local levels. In establishing such
a strategy, the Secretary shall—
</text>
<paragraph id="H67D0FC9E7CB041A9B09512A811B426F8">
<enum>
(1)
</enum>
<text>
solicit and
consider the recommendations of the NEMSAC as well as relevant
stakeholders;
</text>
</paragraph>
<paragraph id="H3440A173E8E8400F8951215D966A3BEF">
<enum>
(2)
</enum>
<text>
consult and
collaborate with FICEMS to ensure consistency of such national EMS strategy
within the larger Federal strategy regarding all of emergency medical services
and national preparedness and response;
</text>
</paragraph>
<paragraph id="H3D8B6BFD0E1942818C7B1F4A95B6550F">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
address issues related to EMS patient and
practitioner safety, standardization of EMS practitioner licensing and
credentialing, field EMS quality and medical oversight, regionalization of
field EMS and trauma and emergency care services, availability of field EMS and
trauma care and emergency medical services throughout the Nation, and
integration of field EMS practitioners into the broader health care system,
including—
</text>
<subparagraph id="H4755AF9A72904379A950E1A3871F7A83">
<enum>
(A)
</enum>
<text>
promotion of the
adoption by States of the education standards identified in the
<quote>
Emergency Medical Services Education Agenda for the Future: A Systems
Approach
</quote>
and any revisions thereto, including the standardization of
licensing and credentialing of field EMS practitioners and standards of care,
based on best practices and evidence-based medicine, including by—
</text>
<clause id="H6E5A0A2DF1B04D68A9DED5DB85C3058A">
<enum>
(i)
</enum>
<text>
the
identification of differences in the levels of care, scope of practice, and
licensure and credentialing requirements among the States; and
</text>
</clause>
<clause id="HC7ADDE09C76D45A4BB866F5E30159336">
<enum>
(ii)
</enum>
<text>
the
adoption by the States of national standards for such levels of care, scope of
practice and licensure and credentialing requirements;
</text>
</clause>
</subparagraph>
<subparagraph id="HD2D4B136BB2041268FE1FB40CC5A5A5B">
<enum>
(B)
</enum>
<text>
promotion of a
culture of safety, including—
</text>
<clause id="H447D983C71C34B969690887D485561CC">
<enum>
(i)
</enum>
<text>
the
adoption of an anonymous error reporting system designed to identify systemic
problems in field EMS patient and practitioner safety and ensure a single means
of collecting and reporting relevant error data by field EMS agencies and
States;
</text>
</clause>
<clause id="H2B1F507BB5BC484D8B26C93EBD31FAC3">
<enum>
(ii)
</enum>
<text>
the
establishment of field EMS patient and practitioner safety goals and the
specific means to improve field EMS practitioner and patient safety to achieve
such goals; and
</text>
</clause>
<clause id="HCCF326F489AE4623959D9644B4EACD88">
<enum>
(iii)
</enum>
<text>
the adoption of
more uniform national ambulance vehicle safety and manufacturing standards as
developed by the National Fire Protection Administration or coordinated by
NHTSA;
</text>
</clause>
</subparagraph>
<subparagraph id="HD877BA45FB12456DBB67887D5B6FAC78">
<enum>
(C)
</enum>
<text>
the integration
and utilization of field EMS practitioners as part of the larger health care
system including—
</text>
<clause id="H0F2EF4DA588E4BA09721B3EB32598681">
<enum>
(i)
</enum>
<text>
the
potential utilization of field EMS practitioners for the provision of care to
patients with nonemergent medical conditions; and
</text>
</clause>
<clause id="H45C9DBF940A349D89DD07050E6F7E7D0">
<enum>
(ii)
</enum>
<text>
strategies to
implement the recommendations provided by the National Health Care Workforce
Commission, pursuant to section 5101(d)(2) of the Patient Protection and
Affordable Care Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/294q">
42 U.S.C. 294q(d)(2)
</external-xref>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H1F49F33708D542EB84367E4F980A3614">
<enum>
(D)
</enum>
<text>
such other issues
as the Secretary considers appropriate;
</text>
</subparagraph>
</paragraph>
<paragraph id="H364C78E4164E4DC3B053F37299B04CF7">
<enum>
(4)
</enum>
<text>
incorporate into
such strategy the preparedness and response objectives identified by the
Secretary of Homeland Security and the Assistant Secretary for Preparedness and
Response in order—
</text>
<subparagraph id="HDD1ED836DCB2439786C1B48D001B298B">
<enum>
(A)
</enum>
<text>
to ensure the
capability and capacity of the full spectrum of EMS to respond to terrorist
attacks, disasters, catastrophic events, and mass casualty events; and
</text>
</subparagraph>
<subparagraph id="H8BA7915B0F014D26B16EFF146C5E6F27">
<enum>
(B)
</enum>
<text>
to coordinate with
the Secretary of Homeland Security accordingly;
</text>
</subparagraph>
</paragraph>
<paragraph id="H209ED30C23FF4E58983F683FB0EC0D86">
<enum>
(5)
</enum>
<text>
complete the
development of such strategy not later than 18 months after the date of
enactment of this Act;
</text>
</paragraph>
<paragraph id="H6D625B5836FF4137AEAF22EC611CD8F8">
<enum>
(6)
</enum>
<text>
communicate such
strategy to the relevant congressional committees of jurisdiction;
</text>
</paragraph>
<paragraph id="HCF40B8DC836D45F9BB6E1536A0C5A9B0">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
implement such strategy to the extent
practical not later than 3 years after the date of enactment of this Act;
and
</text>
</paragraph>
<paragraph id="H30EC5E9DFC1A45D7A331D56251ECB82C">
<enum>
(8)
</enum>
<text>
update such
strategy not less than every 3 years.
</text>
</paragraph>
</subsection>
<subsection id="H5F3AD91ECE3E47E39989D52CEB685B73">
<enum>
(d)
</enum>
<header>
Statutory
construction
</header>
<text>
Nothing in this Act shall be construed to supercede
any statutory authority of any Federal agency that is not within the Department
of Health and Human Services.
</text>
</subsection>
</section>
<section id="HADD742DB5E9F44BF80946D02BA4A3F98">
<enum>
5.
</enum>
<header>
Field EMS
Excellence, Quality, Universal Access, Innovation, and Preparedness
</header>
<subsection id="H13BAF77BC6254E849EC3D9354DBBB008">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Director of the Office of EMS and Trauma (in this
section referred to as the
<quote>
Director
</quote>
), shall establish the EQUIP
grant program—
</text>
<paragraph id="H9F7F8A2C92C74F33B68C031C7BA78358">
<enum>
(1)
</enum>
<text>
to promote
excellence in all aspects of the provision of field EMS by field EMS
agencies;
</text>
</paragraph>
<paragraph id="HA5C09ED4CEA54A0198BD7B80123FF0B8">
<enum>
(2)
</enum>
<text>
to enhance the
quality of emergency medical care provided to patients by field EMS
practitioners through evidence-based, medically directed field emergency
care;
</text>
</paragraph>
<paragraph id="H2239EF46AD4945D48FA32DCA8812CFCF">
<enum>
(3)
</enum>
<text>
to promote
universal access to and availability of high-quality field EMS in all
geographic locations of the Nation;
</text>
</paragraph>
<paragraph id="HACC682807C954D0D9217977F9EE898DA">
<enum>
(4)
</enum>
<text>
to spur innovation
in the delivery of field EMS; and
</text>
</paragraph>
<paragraph id="H708ACC1C08C64B62A41D92146D5AE862">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
to improve EMS agency readiness and
preparedness for day-to-day emergency medical response.
</text>
</paragraph>
</subsection>
<subsection id="HA157CB6CE8034E9D8720C347200E545B">
<enum>
(b)
</enum>
<header>
Application
</header>
<paragraph id="HC7C32C3D45A84A13A424246B364E69C6">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
To be eligible to receive a grant under this section, an
eligible entity shall submit an application to the Director in such form and
manner, that contains such agreements, assurances, and information as the
Director determines to be reasonably necessary to carry out this
section.
</text>
</paragraph>
<paragraph id="HCFFD3BC084574E74A886BA9CFF1465EB">
<enum>
(2)
</enum>
<header>
Simple
form
</header>
<text>
The Director shall ensure that grant application
requirements are not unduly burdensome to smaller and volunteer field EMS
agencies or other agencies with limited resources.
</text>
</paragraph>
<paragraph id="H42C29B4CA31E487997EA9DEAD40C2176">
<enum>
(3)
</enum>
<header>
Consistency with
preparation goals
</header>
<text>
The Director shall ensure that grant
applications are consistent with national and relevant State preparedness plans
and goals.
</text>
</paragraph>
</subsection>
<subsection id="HD039D97B933246EDB6622952FED4DA27">
<enum>
(c)
</enum>
<header>
Use of
funds
</header>
<text>
Grants may be used by eligible entities to—
</text>
<paragraph id="H0F30C38CDAE64C738F50288A5AF4D317">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
sustain field EMS practitioners to ensure
24 hours a day, 7 days a week readiness and preparedness at the local
level;
</text>
</paragraph>
<paragraph id="HE22E29FC14114A3493DA61BB8C903BCE">
<enum>
(2)
</enum>
<text>
develop and
implement initiatives related to delivery of medical services,
including—
</text>
<subparagraph id="H090D1D188A5943458D5CC51B39344A00">
<enum>
(A)
</enum>
<text>
innovative
clinical practices to improve the cost effectiveness and quality of care
delivered to emergency patients in the field that results in improved patient
outcomes and cost savings to the health system, including for high prevalence
emergency medical conditions such as sudden cardiac arrest, STEMI, stroke, and
trauma; and
</text>
</subparagraph>
<subparagraph id="HD94096FDE91B4712B20B3DE88D2AD883">
<enum>
(B)
</enum>
<text>
delivery systems
to improve patient outcomes, which may include implementing evidence-based
protocols, interventions, systems, and technologies to reduce clinically
meaningful response times;
</text>
</subparagraph>
</paragraph>
<paragraph id="HC378BB6E164D41C3ACFD740BE025128B">
<enum>
(3)
</enum>
<text>
purchase and
implement—
</text>
<subparagraph id="H1B12749C547D4364BEF5C8A470E7A5B5">
<enum>
(A)
</enum>
<text>
medical equipment
and training for using such equipment;
</text>
</subparagraph>
<subparagraph id="HC3DBA8769FC44D8B9ECB974F0C5C1711">
<enum>
(B)
</enum>
<text>
communication
systems to ensure seamless and interoperable communications with other first
responders; and
</text>
</subparagraph>
<subparagraph id="HD281AB30D0234617837814DC0AC44430">
<enum>
(C)
</enum>
<text>
information
systems to comply with NEMSIS data collection and integrate field emergency
care with electronic medical records;
</text>
</subparagraph>
</paragraph>
<paragraph id="HB5BC58B262924B5583FC4A40D1A4A4EB">
<enum>
(4)
</enum>
<text>
participate in
federally sponsored field EMS research;
</text>
</paragraph>
<paragraph id="HF97171FF26FE4A98B1BB7FE1840EE1F7">
<enum>
(5)
</enum>
<text>
establish or
enhance comprehensive medical oversight and quality assurance programs that
include the active participation by medical directors in field EMS medical
direction and educational programs; and
</text>
</paragraph>
<paragraph id="H80DC39CE707041B783D5C1E3EB39D25A">
<enum>
(6)
</enum>
<text>
such other uses as
the Director may establish.
</text>
</paragraph>
</subsection>
<subsection id="HB9A68E35440742EC9E7F5E32EB7B7F9F">
<enum>
(d)
</enum>
<header>
Administration
of grants
</header>
<text>
In establishing and administering the EQUIP grant
program, the Director—
</text>
<paragraph id="H860AAD8128CD45D9B9C58B0D1EF47405">
<enum>
(1)
</enum>
<text>
shall establish a
grantmaking process that includes—
</text>
<subparagraph id="HB6C3FF35909A4A6C879A38C7B4A8B2E5">
<enum>
(A)
</enum>
<text>
prioritization for
the awarding of grants to eligible entities and consideration of the factors in
reviewing grant applications by eligible entities including—
</text>
<clause id="HE37F4B29A3EF42D7B3C0EA007875846F">
<enum>
(i)
</enum>
<text>
demonstrated
financial need for funding;
</text>
</clause>
<clause id="HC5884F302BD241079B74172889DD7A81">
<enum>
(ii)
</enum>
<text>
utilization of
public and private partnerships;
</text>
</clause>
<clause id="HF19B3C118A884544B3A3FA3C2243CF27">
<enum>
(iii)
</enum>
<text>
enhanced access
to high-quality field EMS in under served geographic areas;
</text>
</clause>
<clause id="H79057485AD3242ACB2467B8405811EAF">
<enum>
(iv)
</enum>
<text>
unique needs of
volunteer and rural field EMS agencies;
</text>
</clause>
<clause id="HA9C1E10F23BF4CFF82374EDDF7432921">
<enum>
(v)
</enum>
<text>
distribution among
a variety of geographic areas, including urban, suburban, and rural;
</text>
</clause>
<clause id="H38EC3DCE8064478DBA7A1529DDCAA8DF">
<enum>
(vi)
</enum>
<text>
distribution of
funds among types of EMS agencies, including governmental, nongovernmental and
volunteer;
</text>
</clause>
<clause id="HBA3B763F50AE4F8CB02A61A2D9B2A87E">
<enum>
(vii)
</enum>
<text>
implementation
of evidence-based interventions that improve quality of care, patient outcomes,
efficiency, or cost effectiveness; and
</text>
</clause>
<clause id="H4B6778F5A632443EA9AC41ADE98C4E59">
<enum>
(viii)
</enum>
<text>
such other
factors as the Director considers necessary;
</text>
</clause>
</subparagraph>
<subparagraph id="H48246293EC78485AA9892F476419E405">
<enum>
(B)
</enum>
<text>
a peer-reviewed
process to recommend grant allocations in accordance with the prioritization
established by the Director except that final award determinations shall be
made by the Director; and
</text>
</subparagraph>
<subparagraph id="H9A1A8F90178E4E37AAB98FDEB2F9E9C8">
<enum>
(C)
</enum>
<text>
the provision of
grant awards to eligible entities on an annual basis, except that the Director
may reserve not more than 25 percent of the available appropriations for
multiyear grants and no grant award may exceed a 2-year period;
</text>
</subparagraph>
</paragraph>
<paragraph id="HC23B2B936F1C42DC9B6CA7F64A479CCB">
<enum>
(2)
</enum>
<text>
shall consult with
and take into consideration the recommendations of the Assistant Secretary for
Preparedness and Response, FICEMS, NEMSAC and relevant stakeholders;
</text>
</paragraph>
<paragraph id="H80B3E836ED74451E92D2F85DE8213374">
<enum>
(3)
</enum>
<text>
shall ensure that
funds used for day-to-day preparedness activities are consistent and aligned
with Federal preparedness priorities; and
</text>
</paragraph>
<paragraph id="HF4CC04B83B7844EDA8E185DDF5EED514">
<enum>
(4)
</enum>
<text>
may contract with
an independent, third-party, nonprofit organization to administer the grant
program if the Director establishes conflict-of-interest requirements as part
of any such contractual relationship.
</text>
</paragraph>
</subsection>
<subsection id="H5092BBD78A35495B9742E4D75284B24B">
<enum>
(e)
</enum>
<header>
Eligibility
</header>
<text display-inline="yes-display-inline">
Eligible grant recipients are field EMS
agencies that—
</text>
<paragraph id="H2890A883638F43F5A006B4ADE3BA7074">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
are licensed by or otherwise authorized in
the State in which they operate; and
</text>
</paragraph>
<paragraph id="H3961428CC75D4F3285DE285ADA6ACEBF">
<enum>
(2)
</enum>
<text>
have medical
oversight and quality improvement programs as defined by the Director.
</text>
</paragraph>
</subsection>
<subsection id="H226B52F008A3408897FC19B5880F34BA">
<enum>
(f)
</enum>
<header>
Annual
report
</header>
<text>
The Director shall submit an annual report on the EQUIP
grant program under this section to the Congress.
</text>
</subsection>
</section>
<section id="H68FF45AE08634265AC279CC6A5C8641D">
<enum>
6.
</enum>
<header>
Field EMS System
Performance, Integration, and Accountability
</header>
<subsection id="H0DF0883BF36B4CA0A384976347BC3E89">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Director of the Office of EMS and Trauma (in this
section referred to as the
<quote>
Director
</quote>
) shall establish the SPIA
grant program—
</text>
<paragraph id="HDDAF92EFCA294D9298A8DCE84B8419A8">
<enum>
(1)
</enum>
<text>
to improve field
EMS system performance, integration and accountability;
</text>
</paragraph>
<paragraph id="HCE6B2752B3EF4DBCB61D3C6F0987F566">
<enum>
(2)
</enum>
<text>
to ensure
preparedness for field EMS at the State and local levels;
</text>
</paragraph>
<paragraph id="H4DE15F32D45643E78FADCB65719E01FD">
<enum>
(3)
</enum>
<text>
to enhance
physician medical oversight of field EMS systems;
</text>
</paragraph>
<paragraph id="HDC7871B8DE71472898E138960FDD89DB">
<enum>
(4)
</enum>
<text>
to improve
coordination between regional field EMS systems and integration of such
regional field EMS systems into the larger health care system;
</text>
</paragraph>
<paragraph id="H25B603C326D14196AB9AC4156AD8FCEE">
<enum>
(5)
</enum>
<text>
to enhance data
collection and analysis to improve, on a continuing basis, the field EMS
system; and
</text>
</paragraph>
<paragraph id="HC6773E8005B44F50A4AB6B709E881B52">
<enum>
(6)
</enum>
<text>
to promote
standardization of national EMS certification of emergency medical technicians
and paramedics.
</text>
</paragraph>
</subsection>
<subsection id="HFC46836F865E47FE82AA24A38EAEEEFF">
<enum>
(b)
</enum>
<header>
Use of
funds
</header>
<text>
Grants may be used by eligible entities—
</text>
<paragraph id="H9FCF8EFDCA804B3D9B70CFE5E8297BBE">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
to enhance EMS system readiness and
preparedness for day-to-day emergency medical response;
</text>
</paragraph>
<paragraph id="HF7D9FB7A183447F9A54690DA86375F7E">
<enum>
(2)
</enum>
<text>
to improve
cross-border collaboration and planning among States; and
</text>
</paragraph>
<paragraph id="H5F5A43BF3EA744DCB494B656BC35E252">
<enum>
(3)
</enum>
<text>
to collect data
with regard to—
</text>
<subparagraph id="H9CADBB64A9194070ACAD239CADABB86D">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
NEMSIS;
</text>
</subparagraph>
<subparagraph id="H75DD92D5DA2B4ACD848815CAC0548549">
<enum>
(B)
</enum>
<text>
field EMS
education;
</text>
</subparagraph>
<subparagraph id="HBDD416A30B3C4200BA4E8FBC57C570C3">
<enum>
(C)
</enum>
<text>
field EMS
workforce;
</text>
</subparagraph>
<subparagraph id="H789A9860F3B240B48573309784E896B0">
<enum>
(D)
</enum>
<text>
cardiac events,
including STEMI and sudden cardiac arrest;
</text>
</subparagraph>
<subparagraph id="H8343F23ED59241F4BA010DFF9FE252BB">
<enum>
(E)
</enum>
<text>
stroke;
</text>
</subparagraph>
<subparagraph id="H3ABC07F7386A4952982A68347568090A">
<enum>
(F)
</enum>
<text>
disasters,
including injuries and illnesses;
</text>
</subparagraph>
<subparagraph id="HE1FA712AB96E4F24984C034B9B9A290B">
<enum>
(G)
</enum>
<text>
ambulance
diversion and patient parking;
</text>
</subparagraph>
<subparagraph id="HF98038825467490F8092E54DC5BE6AA1">
<enum>
(H)
</enum>
<text>
trauma (in a
manner that is complementary and not duplicative of other trauma data
collection such as the National Trauma Data Bank);
</text>
</subparagraph>
<subparagraph id="HE798963E85AC47659535F9CA610A7CCD">
<enum>
(I)
</enum>
<text>
data determined
necessary by the State office of EMS for oversight and coordination of the
State field EMS system; and
</text>
</subparagraph>
<subparagraph id="HAB102E0787714C6A811F554C0400D75C">
<enum>
(J)
</enum>
<text>
any other such
data that the Director specifies;
</text>
</subparagraph>
</paragraph>
<paragraph id="H7B768330CE6F4CD289E70A3691470BC0">
<enum>
(4)
</enum>
<text>
to implement and
evaluate system-wide quality improvement initiatives, including medical
direction at the State, local, and regional levels;
</text>
</paragraph>
<paragraph id="H9F90E5AB7FB6464E999CAC99CC44892A">
<enum>
(5)
</enum>
<text>
to integrate field
EMS with other health care services as part of a coordinated system of care
provided to patients with emergency medical conditions to help ensure the right
patient receives the right care by the right crew in the right vehicle and at
the right medical facility in the right amount of time, including by enhancing
regional emergency medical dispatch;
</text>
</paragraph>
<paragraph id="H73AAB1483CA14995BCBC499CDA0271AB">
<enum>
(6)
</enum>
<text>
to incorporate
national EMS certification for all levels of emergency medical technicians and
paramedics;
</text>
</paragraph>
<paragraph id="H042F8A0BAEBE4F2AB375EAD96EFE27C8">
<enum>
(7)
</enum>
<text>
to improve the
State’s planning for ensuring a consistent, available EMS workforce;
</text>
</paragraph>
<paragraph id="H67F8B51348444537829EBABB93F77D7A">
<enum>
(8)
</enum>
<text>
to fund EMS
regional and local oversight and planning organizations or develop regional
systems of emergency medical care within the State to further enhance
coordination and systemic development throughout the State; and
</text>
</paragraph>
<paragraph id="H11514C56641C435A970F373A8CD71793">
<enum>
(9)
</enum>
<text>
for such other
uses as the Director may establish.
</text>
</paragraph>
</subsection>
<subsection id="HFD1C132D0F8241B087038A3577E2666E">
<enum>
(c)
</enum>
<header>
Administration
of grants
</header>
<text>
In establishing and administering the SPIA grant
program, the Director shall—
</text>
<paragraph id="H53694A075F014681BB949289725A04E8">
<enum>
(1)
</enum>
<text>
establish State
EMS system performance standards to serve as guidance to States in improving
their EMS systems and in applying for grants under this subsection. In
establishing such standards, the Director shall—
</text>
<subparagraph id="H596E1759ED9648F38A34318D17F2776F">
<enum>
(A)
</enum>
<text>
take into the
consideration the recommendations of the Assistant Secretary for Preparedness
and Response, FICEMS, NEMSAC, and relevant stakeholders;
</text>
</subparagraph>
<subparagraph id="HF39EDDA644754DF78BDA6060D1E6ED0E">
<enum>
(B)
</enum>
<text>
include national,
evidence-based guidelines; and
</text>
</subparagraph>
<subparagraph id="HB36DFFC3F0024A91BE3218C0C355F6CE">
<enum>
(C)
</enum>
<text>
take into account
the needs and resource limitations of volunteer, smaller agencies, and agencies
in rural areas.
</text>
</subparagraph>
</paragraph>
<paragraph id="H08DAB79FC83B45D0BBF15B57D2C345C2">
<enum>
(2)
</enum>
<text>
provide technical
assistance to State EMS offices in conducting comprehensive EMS planning with
regard to evidence-based workforce and development competencies for field EMS
management;
</text>
</paragraph>
<paragraph id="H7A317A37F9214EB09A13BBC45C960C05">
<enum>
(3)
</enum>
<text>
allocate, within
the available funds, SPIA grants to a maximum of one grant per applicant
according to a formula based on population and geographic area, as determined
by the Director, for a period not to exceed 2 years; and
</text>
</paragraph>
<paragraph id="HAD9D38E3A00E4A05998FC81747216753">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
require that States allocate a portion of
their grant funds to regional and local oversight and planning EMS
organizations within the State for the purpose of field EMS system development,
maintenance, and improvement of coordination among regional
organizations.
</text>
</paragraph>
</subsection>
<subsection id="H706EADD8AB2B408EAF90DC9E25DD2D34">
<enum>
(d)
</enum>
<header>
Application
</header>
<text display-inline="yes-display-inline">
To be eligible to receive a grant under
this section, an eligible entity shall submit an application to the Director in
such form and manner, that contains such agreements, assurances, and
information as the Director determines to be reasonably necessary to carry out
this section.
</text>
</subsection>
<subsection commented="no" id="H45C92D61E6CF4F418B66187FC0F3F0AD">
<enum>
(e)
</enum>
<header>
Eligibility
</header>
<text>
The
eligible entities for a grant under this section are the State EMS office in
each of the several States, tribes, and territories.
</text>
</subsection>
<subsection id="H72FCF64B7C1B4F439FC7A72C5F9935B0">
<enum>
(f)
</enum>
<header>
Annual
report
</header>
<text display-inline="yes-display-inline">
The Director shall
submit an annual report on the SPIA grant program under this section to the
Congress.
</text>
</subsection>
</section>
<section id="HDE6D730E0932491EA406A815E5BB1F8B">
<enum>
7.
</enum>
<header>
Field EMS
quality
</header>
<subsection id="H32A7E4DA51EA4136ADF74AC80A81C29A">
<enum>
(a)
</enum>
<header>
Medical
oversight
</header>
<paragraph commented="no" id="H62FA9DB455D443C3AA3B9A466D01AC94">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
To improve medical oversight of field EMS and ensure
continuity and quality for such medical oversight, the Director of the Office
of EMS and Trauma (in this section referred to as the
<quote>
Director
</quote>
)
shall—
</text>
<subparagraph commented="no" id="H16D40AAB213C4227A5F97AAEEEF1466D">
<enum>
(A)
</enum>
<text>
promote
high-quality and comprehensive medical oversight of—
</text>
<clause commented="no" id="H80592FA3C13847E6B0B875AEDE98C59D">
<enum>
(i)
</enum>
<text>
all medical care
provided by field EMS practitioners; and
</text>
</clause>
<clause commented="no" id="HBA897B04BB564CF2BD47D5E79AC25EE4">
<enum>
(ii)
</enum>
<text>
the education and
training of field EMS practitioners;
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H9537BA5C67A24470943750D29AD4B28A">
<enum>
(B)
</enum>
<text>
promote the
development, adoption, and utilization of national guidelines for the roles of
physicians who provide medical oversight for field EMS and other health care
providers who support physicians in this role;
</text>
</subparagraph>
<subparagraph commented="no" id="HAA17FE2C31344EA99F1980BC6D04658E">
<enum>
(C)
</enum>
<text>
support efforts of
relevant physician stakeholders in developing and disseminating guidelines for
use by EMS medical directors and field EMS practitioners on a national basis;
and
</text>
</subparagraph>
<subparagraph commented="no" id="H83744E26F4A34139826886A309CD355E">
<enum>
(D)
</enum>
<text>
convene a Field
EMS Medical Oversight Advisory Committee, comprised of representatives of
relevant physician stakeholders, to advise the Director on ways and means to
advance and support development and maintenance of quality medical oversight
throughout the Nation's systems for field EMS.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H2F5975388D994E588A1873E1193B13FE">
<enum>
(2)
</enum>
<header>
Additional
considerations
</header>
<text>
In carrying out subparagraphs (B) and (C) of
paragraph (1) (relating to supporting guidelines), the Director shall take into
consideration—
</text>
<subparagraph commented="no" id="HF51D0A8FD81447F2BAB20F6F03E92FE3">
<enum>
(A)
</enum>
<text>
existing
guidelines developed by national professional physician associations, States,
and other relevant governmental or nongovernmental entities;
</text>
</subparagraph>
<subparagraph commented="no" id="H4B945C140D764522B4AC9076079F70C6">
<enum>
(B)
</enum>
<text>
the input of other
relevant stakeholders, including health care providers who support physicians
who provide medical oversight for field EMS; and
</text>
</subparagraph>
<subparagraph commented="no" id="HCE20AD1D6F074E04843EB2F918EDC81C">
<enum>
(C)
</enum>
<text>
the unique needs
associated with medical oversight of provision of field EMS in rural areas or
by volunteers.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H3149F095EB9F4FE3BC7D7F5AC361C445">
<enum>
(3)
</enum>
<header>
Flexibility
</header>
<text display-inline="yes-display-inline">
The guidelines promoted under subparagraphs
(B) and (C) of paragraph (1) shall ensure high-quality training, credentialing,
and direction in connection with medical oversight of field EMS at the State,
regional, and local levels while providing sufficient flexibility to account
for historical and legitimate differences in field EMS among States, regions,
and localities.
</text>
</paragraph>
<paragraph id="H28EBA19A75134F418C14B5A1C3C98724">
<enum>
(4)
</enum>
<header>
Required use of
guidelines
</header>
<text>
As a condition on receipt of a grant under section 5
or 6, the Director shall require the grant recipient to adopt and implement (to
the extent applicable) the guidelines promoted under subparagraphs (B) and (C)
of paragraph (1).
</text>
</paragraph>
</subsection>
<subsection id="HBA630236F7D149FD8F14AFCEB9B0B4FB">
<enum>
(b)
</enum>
<header>
GAO study and
report
</header>
<paragraph id="H650E36B87BCF4B309B2CE0ADED650FBB">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Comptroller General of the United States shall
complete a study on—
</text>
<subparagraph id="H6571A31AA7B84A469EC2A94D62F1C897">
<enum>
(A)
</enum>
<text>
medical and
administrative liability issues that may impede—
</text>
<clause id="H5BE0F887CB9F41B18983394981D33D8F">
<enum>
(i)
</enum>
<text>
medical direction
provided by physicians directly regarding specific patients or medical
oversight provided by physicians in establishing medical protocols, procedures,
and other activities related to the provision of emergency medical care in
field EMS; or
</text>
</clause>
<clause id="HC1C9B875A3B04660ADD83E010217A4EB">
<enum>
(ii)
</enum>
<text>
the
highest quality emergency medical care in field EMS provided by personnel other
than physicians such as emergency medical technicians and paramedics;
</text>
</clause>
</subparagraph>
<subparagraph id="H56D341080F304AB6A318AC89051AD764">
<enum>
(B)
</enum>
<text>
reimbursement for
any component of medical oversight; and
</text>
</subparagraph>
<subparagraph id="H15948F97F64648B1AD73A9CC999877B4">
<enum>
(C)
</enum>
<text>
such other issues
as the Comptroller General deems appropriate relating to improving the quality
and medical oversight of emergency medical care in field EMS.
</text>
</subparagraph>
</paragraph>
<paragraph id="H26A67AFAF11F4A5F82C11C00789B657E">
<enum>
(2)
</enum>
<header>
Report to
Congress
</header>
<text display-inline="yes-display-inline">
Not later than 18
months after the date of the enactment of this Act, the Comptroller General
shall complete the study under paragraph (1) and submit a report to the
Congress on the results of such study, including any recommendations.
</text>
</paragraph>
</subsection>
<subsection id="HA8081714065E4283B5E7DCF52E5AB116">
<enum>
(c)
</enum>
<header>
Data collection
and exchange
</header>
<paragraph id="H24930287E2BA4D928281333D5F68D111">
<enum>
(1)
</enum>
<header>
National EMS
information system
</header>
<subparagraph id="H3794E2C81C854ABF9138AA2A63283308">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The Administrator of NHTSA may maintain, improve, and
expand the National EMS Information System, including the National EMS
Database.
</text>
</subparagraph>
<subparagraph id="H08C22032FADD43049B87278614E3A797">
<enum>
(B)
</enum>
<header>
Consultation
</header>
<text>
The
Administrator of NHTSA shall carry out this paragraph in consultation with the
Director.
</text>
</subparagraph>
<subparagraph id="HEED6776AC27D47488B11941967DEE526">
<enum>
(C)
</enum>
<header>
Standardization
</header>
<text>
In
carrying out subparagraph (A), the Administrator of NHTSA shall promote the
collection and reporting of data on field EMS in a standardized manner.
</text>
</subparagraph>
<subparagraph id="H83C39DD9A9604F4487B303BAA65AD248">
<enum>
(D)
</enum>
<header>
Availability of
data
</header>
<text>
The Administrator of NHTSA shall ensure that information in
the National EMS Database (other than individually identifiable information) is
available to Federal and State policymakers, EMS stakeholders, and
researchers.
</text>
</subparagraph>
<subparagraph id="H857C6DA69D3A423E9BCD5DA24A210484">
<enum>
(E)
</enum>
<header>
Technical
assistance
</header>
<text>
In carrying out subparagraph (A), the Administrator of
NHTSA may provide technical assistance to State and local agencies, field EMS
agencies, and other entities deemed appropriate by the Administrator to assist
in the collection, analysis, and reporting of data.
</text>
</subparagraph>
</paragraph>
<paragraph id="H7F1D5C65A36A48FB830662092327B6F5">
<enum>
(2)
</enum>
<header>
Report on data
gaps
</header>
<subparagraph id="HACDE7EC69CCD44AF8EB9DC3BE288ED1E">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Not later than 12 months after the date of the enactment
of this Act, the Secretary of Health and Human Services, acting through the
Director, in consultation with the Administrator of NHTSA, shall submit to the
Congress a report that—
</text>
<clause id="H8A5DE13E6E924F7B85B525A3A660A956">
<enum>
(i)
</enum>
<text>
identifies gaps in
the collection of data related to the provision of field EMS; and
</text>
</clause>
<clause id="H1326FA7FC59740389A296829509737CD">
<enum>
(ii)
</enum>
<text>
includes
recommendations for improving the collection, reporting, and analysis of such
data.
</text>
</clause>
</subparagraph>
<subparagraph id="H6E0C67BD78974952878A75CA1361AB78">
<enum>
(B)
</enum>
<header>
Recommendations
</header>
<text>
The
recommendations required by subparagraph (A)(ii) shall—
</text>
<clause id="H0622F1113EAF4F209485E8DFA60AC3E3">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
take into consideration the recommendations
of FICEMS and NEMSAC and relevant stakeholders;
</text>
</clause>
<clause id="H7D0710B852A14C99BBCA5E866577EB99">
<enum>
(ii)
</enum>
<text>
recommend methods
for improving data collection and reporting and analysis without unduly
burdening reporting entities and without duplicating existing data sources
(such as data collected by the National Trauma Data Bank);
</text>
</clause>
<clause id="H6CF147816FF74D9AA0E22A4B2B64E5E5">
<enum>
(iii)
</enum>
<text>
address the
quality and availability of data, and linkages with existing patient
registries, related to the provision of field EMS and utilization of field EMS
with respect to a variety of illnesses and injuries (in both the everyday
provision of field EMS and catastrophic or disaster response) including—
</text>
<subclause id="H80530D8C584B446DB142BFCF44233F62">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
cardiac events such as chest pain, sudden
cardiac arrest, and STEMI;
</text>
</subclause>
<subclause id="H9F832B7FC8CF42DBACBDE5D4A26EADA1">
<enum>
(II)
</enum>
<text>
stroke;
</text>
</subclause>
<subclause id="HEF40567E74FE4FD5B293C4C97E17120B">
<enum>
(III)
</enum>
<text>
trauma;
</text>
</subclause>
<subclause id="H935D6859DFEC48BE82825006EF4EAF5E">
<enum>
(IV)
</enum>
<text>
disaster and
catastrophic incidents, such as incidents related to terrorism or natural or
manmade disasters; and
</text>
</subclause>
<subclause id="H623B8622CE5440E48DD547F6F1E2F187">
<enum>
(V)
</enum>
<text>
ambulance
diversion and patient parking; and
</text>
</subclause>
</clause>
<clause id="H1B2DA0D20B024034977D2044E196C0F9">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
include an analysis of the variety of
services provided by field EMS agencies.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HE8C588C20EB948FDAF6B0AB51A7CE940">
<enum>
(3)
</enum>
<header>
Report on data
integration to promote quality of care
</header>
<text>
Not later than 18 months
after the date of the enactment of this Act, the Secretary of Health and Human
Services, acting through the head of the Office of the National Coordinator for
Health Information Technology, in collaboration with the Director of the Office
of EMS and Trauma, FICEMS, and the Administrator of NHTSA as appropriate, and
taking into consideration input from relevant stakeholders, shall submit a
report (including recommendations) on issues, impediments, and potential
solutions pertaining to the following objectives:
</text>
<subparagraph commented="no" id="HD90CC145084F4F49B9830EDFAD00FCE1">
<enum>
(A)
</enum>
<text>
Incorporation of
field EMS patient care reports into patient electronic health records, taking
into consideration—
</text>
<clause commented="no" id="H2EA0F66BDD5E4F229EB6E8A01007A57A">
<enum>
(i)
</enum>
<text>
the extent to
which field EMS patient care reports are presently created in electronic format
and the potential for elements of such reports to be incorporated into patient
electronic health records;
</text>
</clause>
<clause commented="no" id="H55A6BA5C71B042B6B5ACD2FE3D9FF5DE">
<enum>
(ii)
</enum>
<text>
the data elements
of field EMS patient care reports that would promote quality and efficiency of
care if incorporated into patient electronic health records;
</text>
</clause>
<clause commented="no" id="H12630799D7A84FD389780242AB2169FC">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
potential modifications to the Medicare and
Medicaid programs under titles XVIII and XIX, respectively, of the Social
Security Act or other Federal health programs (including potential
modifications to the HITECH Act (title XIII of division A of
<external-xref legal-doc="public-law" parsable-cite="pl/111/5">
Public Law 111–5
</external-xref>
)
including modifications to the entities included as eligible for incentive
payments under section 1848(o), 1853(l) (to the extent that such section
1848(o) is applied), or 1903(t) of the Social Security Act, criteria for
certified EHR technology for purposes of such sections, and objectives and
measures for determining meaningful use of such technology for purposes of such
sections) to provide appropriate reimbursement and financial incentives for EMS
agencies—
</text>
<subclause id="HF87B20EA5B924E01BFDD58326A00F296">
<enum>
(I)
</enum>
<text>
to maintain field
EMS patient care reports in a structured electronic format; and
</text>
</subclause>
<subclause id="H914A6C4018444E30B55730492E7C1D79">
<enum>
(II)
</enum>
<text>
to otherwise
adopt and use electronic health records; and
</text>
</subclause>
</clause>
<clause commented="no" id="HD71B02285EE84D1797836852F593B7C3">
<enum>
(iv)
</enum>
<text>
potential
modifications to the HITECH Act to provide incentives to eligible hospitals
under section 1886(n), 1853(m) (to the extent that such section 1886(n) is
applied), or section 1814(l)(3) of the Social Security Act to incorporate
appropriate data elements of field EMS patient care reports into patient
electronic health records.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="HACD738BBD7B14534840666385D26BFB1">
<enum>
(B)
</enum>
<text>
Incorporation of
patient health information created subsequent to the receipt of field EMS
emergency care into NEMSIS, taking into consideration—
</text>
<clause commented="no" id="H64F39FB93DD8466BA24BB8166455F34D">
<enum>
(i)
</enum>
<text>
what types of
medical information created subsequent to the receipt of field EMS emergency
care (such as outcomes information or information regarding subsequent care and
treatment) would, if included in NEMSIS, be potentially useful in evaluating
and improving the quality of EMS care;
</text>
</clause>
<clause commented="no" id="HA4254FAF526845119F5867F36A1FEF33">
<enum>
(ii)
</enum>
<text>
how best to
integrate such information into NEMSIS;
</text>
</clause>
<clause commented="no" id="HDCB49114F61F47EE903457BBB4A66DB9">
<enum>
(iii)
</enum>
<text>
potential
modifications to the HITECH Act to require eligible hospitals, as defined in
section 1886(n)(6)(B) of the Social Security Act, for purposes of incentive
payments under 1886(b)(3)(B)(ix) and 1886(n) of such Act, to develop or report
relevant data to NEMSIS or other appropriate State or private registries;
and
</text>
</clause>
<clause commented="no" id="H4A772C38D9E54F19B7E1DE04F4706F16">
<enum>
(iv)
</enum>
<text>
potential
modifications to the Medicare and Medicaid programs under titles XVIII and XIX,
respectively, of the Social Security Act or other Federal health programs to
provide appropriate reimbursement and financial incentives for field EMS
agencies to develop or report relevant data to NEMSIS or other appropriate
State or private registries.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection commented="no" id="H4705E2FE12304E42ACED913D6DA79C84">
<enum>
(d)
</enum>
<header>
Clarification of
HIPAA
</header>
<paragraph commented="no" id="HBC3EE7CA962F4BF8BD233E025596BE49">
<enum>
(1)
</enum>
<header>
Exchange of
information related to the treatment of patients
</header>
<subparagraph id="H8FAA82B266494BCDA052502E59382662">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Nothing in HIPAA
privacy and security law (as defined in section 3009(a)(2) of the Public Health
Service Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/300jj-19">
42 U.S.C. 300jj–19(a)(2)
</external-xref>
) shall be construed as prohibiting the
exchange of information between field EMS practitioners treating an individual
and personnel of a hospital to which the individual is transported for the
purposes of relating information on the medical history, treatment, care, and
outcome of such individual (including any health care personnel safety issues
such as infectious disease).
</text>
</subparagraph>
<subparagraph commented="no" id="H9A1104F03C3C4A729946BD8D1D7F6036">
<enum>
(B)
</enum>
<header>
Guidelines
</header>
<text display-inline="yes-display-inline">
The Secretary of Health and Human Services
shall establish guidelines for exchanges of information between field EMS
practitioners treating an individual and personnel of a hospital to which the
individual is transported to protect the privacy of the individual while
ensuring the ability of such EMS practitioners and hospital personnel to
communicate effectively to further the continuity and quality of emergency
medical care provided to such individual.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H085486C58D3D446CB89ABC144EDBD5C0">
<enum>
(2)
</enum>
<header>
NEMSIS
data
</header>
<text display-inline="yes-display-inline">
Nothing in HIPAA privacy
and security law (as defined in section 3009(a)(2) of the Public Health Service
Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/300jj-19">
42 U.S.C. 300jj–19(a)(2)
</external-xref>
) shall be construed as prohibiting—
</text>
<subparagraph id="H15832101B1254A45AE11560FD1EA72E6">
<enum>
(A)
</enum>
<text>
a field EMS agency
from submitting EMS data to the State EMS Office for the purpose of quality
improvement and data collection by the State for submission to NEMSIS;
or
</text>
</subparagraph>
<subparagraph id="H81CC2016648F4A83963764D739E4BABC">
<enum>
(B)
</enum>
<text>
the State EMS
Office from submitting aggregated nonindividually identifiable EMS data to the
National EMS Database maintained by NHTSA.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H36EE9767FD304780BA0DAB36AFE61653">
<enum>
8.
</enum>
<header>
Field EMS
education grants
</header>
<subsection id="HD2B92468D30B4B00916C196CBA28CD64">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
For the purpose of
promoting field EMS as a health profession and ensuring the availability,
quality, and capability of field EMS educators, practitioners, and medical
directors, the Director of the Office of EMS and Trauma (in this section
referred to as the
<quote>
Director
</quote>
) may make grants to eligible
entities for the development, availability, and dissemination of field EMS
education programs and courses that improve the quality and capability of field
EMS personnel. In carrying out this section, the Director shall take into
consideration input from the Administrator of NHTSA, FICEMS, NEMSAC, the
National Health Care Workforce Commission established under section 5101 of the
Patient Protection and Affordable Care Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/294q">
42 U.S.C. 294q
</external-xref>
), and relevant
stakeholders.
</text>
</subsection>
<subsection id="H2BD583A6CAA4473983B333E39748910C">
<enum>
(b)
</enum>
<header>
Eligibility
</header>
<text>
In
this section, the term
<term>
eligible entity
</term>
means an educational
organization, an educational institution, a professional association, and any
other entity involved with the education of field EMS practitioners.
</text>
</subsection>
<subsection id="H32E6A0024C1F4C6F9B2106AF488ED51B">
<enum>
(c)
</enum>
<header>
Use of
funds
</header>
<text>
The Director may award a grant to an eligible entity under
paragraph (1) only if the entity agrees to use the grant to—
</text>
<paragraph id="HF181558DECA94EFFA32E7BC501816602">
<enum>
(1)
</enum>
<text>
develop and
implement education programs that—
</text>
<subparagraph id="HBF5B8A113DF94484BBD31FC7BACB2DC5">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
train field EMS trainers and promote the
adoption and implementation of the education standards identified in the
<quote>
Emergency Medical Services Education Agenda for the Future: A Systems
Approach
</quote>
including any revisions thereto;
</text>
</subparagraph>
<subparagraph id="H7B7BEAB3FA1E454993DDC1DF905F4770">
<enum>
(B)
</enum>
<text>
bridge the gap in
knowledge and skills in field EMS and among field EMS and other allied health
professions to develop a larger cadre of educational instructors and build a
stronger and more flexible field EMS practitioner corps; or
</text>
</subparagraph>
<subparagraph id="H0C842F3237834481887860DF7E5C8277">
<enum>
(C)
</enum>
<text>
provide training
and retraining programs to provide displaced workers the opportunity to enter a
field EMS profession;
</text>
</subparagraph>
</paragraph>
<paragraph id="H485FB85CCD68449BBE5E0D711D904715">
<enum>
(2)
</enum>
<text>
develop and
implement educational courses pertaining to—
</text>
<subparagraph id="H24BB145137EE4EBCB6C649F5B240CE52">
<enum>
(A)
</enum>
<text>
instructor
courses;
</text>
</subparagraph>
<subparagraph id="HA5C9DEFB76C8496995859914A46F0742">
<enum>
(B)
</enum>
<text>
provision of
medical direction of field EMS;
</text>
</subparagraph>
<subparagraph id="H49D330C83A3F49A49F2C84082504DA76">
<enum>
(C)
</enum>
<text>
field EMS
practitioners, including physicians, emergency medical technicians, paramedics,
nurses, and other relevant clinicians providing emergency medical care in the
field;
</text>
</subparagraph>
<subparagraph id="H928DA3F7039148678455B6E283C5A43E">
<enum>
(D)
</enum>
<text>
field EMS
educational and clinical research;
</text>
</subparagraph>
<subparagraph id="H9A78E4F726AF41469AC0208190438393">
<enum>
(E)
</enum>
<text>
bridge programs
among field EMS, nursing, and other allied health professions;
</text>
</subparagraph>
<subparagraph id="HDE25D4911BC545E7ABEE57A35BDA60C1">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
field EMS management;
</text>
</subparagraph>
<subparagraph id="H9505DE35E26447F0ABBA7D73A9B83A64">
<enum>
(G)
</enum>
<text>
national,
evidence-based guidelines; and
</text>
</subparagraph>
<subparagraph id="HAA5FE2C370544EE0BB95EFD422C890B3">
<enum>
(H)
</enum>
<text>
translation of the
lessons learned in military medicine to field EMS;
</text>
</subparagraph>
</paragraph>
<paragraph id="H91E4E59DD6EC42EF9B73D7221D303F28">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
evaluate education and training courses and
methodologies to identify optimal educational modalities for field EMS
practitioners;
</text>
</paragraph>
<paragraph id="H38A213734E7A45EB92B181272D18274C">
<enum>
(4)
</enum>
<text>
improve the field
EMS education infrastructure by increasing the number of field EMS instructors
and the quality of their preparation by improving, enhancing, and modernizing
the dissemination of EMS education, including distance learning, and by
establishing quality improvement for EMS education programs;
</text>
</paragraph>
<paragraph id="HC7ADF63D4BFA452D8252AA46A412E1EC">
<enum>
(5)
</enum>
<text>
enhance the
opportunity for medical direction training and for promoting appropriate
medical oversight of field emergency medical care;
</text>
</paragraph>
<paragraph id="HB17F57312F4F40689200D7E298055EC5">
<enum>
(6)
</enum>
<text>
improve systems to
design, implement, and evaluate education for prospective and current field EMS
providers; or
</text>
</paragraph>
<paragraph id="HDFEEE22C45E3461EB329E12058A25513">
<enum>
(7)
</enum>
<text>
carrying out such
other activities as the Director may identify.
</text>
</paragraph>
</subsection>
<subsection id="H90777005DE59421DA656F89F3CB8A1D9">
<enum>
(d)
</enum>
<header>
Priority
</header>
<text display-inline="yes-display-inline">
The Director, in consultation with NHTSA
and relevant stakeholders, and taking into consideration the recommendations of
FICEMS and NEMSAC, shall establish a system of prioritization in awarding
grants under this section to eligible entities.
</text>
</subsection>
<subsection id="HF417031296A5433C8812FEB6E2F3FCA2">
<enum>
(e)
</enum>
<header>
Duration of
grants
</header>
<text>
Grants under this section shall be for a period of 1 to 3
years.
</text>
</subsection>
<subsection id="H217F751E1AE54F3EA252B114652056E0">
<enum>
(f)
</enum>
<header>
Application
</header>
<text display-inline="yes-display-inline">
The Director may not award a grant to an
eligible entity under this section unless the entity submits an application to
the Director in such form, in such manner, and containing such agreements,
assurances, and information as the Director may require. The Director shall
ensure that the requirements for submitting an application under this section
are not unduly burdensome.
</text>
</subsection>
</section>
<section id="H9FE69532B0D240FCA801DAF47D95CB32">
<enum>
9.
</enum>
<header>
Evaluating
innovative models for access and delivery of field EMS for patients
</header>
<subsection id="HD5466BD93D1946B9990A7D4F269222F8">
<enum>
(a)
</enum>
<header>
Evaluation
</header>
<paragraph id="H4624452826074E56A7A3310B484F7BA4">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Not later than 1 year after the date of the enactment of
this Act, the Director of the Office of EMS and Trauma, in consultation with
the Administrator of the Centers for Medicare & Medicaid Services (in this
section referred to as the
<quote>
Director
</quote>
), and taking into
consideration the recommendations of NEMSAC and FICEMS, shall complete an
evaluation of—
</text>
<subparagraph id="HF99CFF97C32F4E8D84482A50C4D587C6">
<enum>
(A)
</enum>
<text>
the provision of
and reimbursement for alternative delivery models for medical care through
field EMS; and
</text>
</subparagraph>
<subparagraph id="H1BDAFD8BB576458B9ADF866004CD6400">
<enum>
(B)
</enum>
<text>
the integration of
field EMS patients with other medical providers and facilities as medically
appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA794296BF5864C3E8CFC72EF30108A51">
<enum>
(2)
</enum>
<header>
Specific
issues
</header>
<text>
The evaluation under paragraph (1) shall consider each of
the following:
</text>
<subparagraph id="H1BAE35DC8D574D75A206C7625249A918">
<enum>
(A)
</enum>
<text>
Alternative
dispositions of patients, including—
</text>
<clause id="HF649D92581334EC1A7E8700927DA1FEA">
<enum>
(i)
</enum>
<text>
transporting
patients by ambulance to destinations other than a hospital such as the office
of the patient’s physician, an urgent care center, or the facilities of another
health care provider;
</text>
</clause>
<clause id="HE478A509A96F4A50B67CA18599018D8B">
<enum>
(ii)
</enum>
<text>
when medically
necessary, the evaluation, treatment, or referral of patients to other
medically appropriate health care providers; and
</text>
</clause>
<clause id="H3604B335A11E4BE9B02AF5611049DCB3">
<enum>
(iii)
</enum>
<text>
the funding of
the provision of medical care regardless of the decision to transport such as
reimbursement models based on readiness rather than transport and shared
savings.
</text>
</clause>
</subparagraph>
<subparagraph id="HF99809B4B6BE44609CBB27215247F42D">
<enum>
(B)
</enum>
<text>
Issues related to
medical liability and the requirements of section 1867 of the Social Security
Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1395dd">
42 U.S.C. 1395dd
</external-xref>
; commonly referred to as
<quote>
EMTALA
</quote>
)
associated with transport to destinations other than a hospital emergency
department.
</text>
</subparagraph>
<subparagraph id="H331261351E2E4B5E91C5CCDD72F06A30">
<enum>
(C)
</enum>
<text>
Necessary
protections to ensure that patients receive timely and appropriate care in the
appropriate setting.
</text>
</subparagraph>
<subparagraph id="H3BBD17FBB91C471D8FE4DA547F74AB10">
<enum>
(D)
</enum>
<text>
Whether there are
any barriers to providing alternate dispositions to patients who are not in
need of care in hospital emergency departments.
</text>
</subparagraph>
<subparagraph id="HC3C3DFF4151840E3A6480E7A0D04F309">
<enum>
(E)
</enum>
<text>
Other issues
determined by the Director, including, when possible, issues recommended by
FICEMS or NEMSAC for evaluation under this subsection.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H5D42CA24EA444BD489BA10D519278A24">
<enum>
(b)
</enum>
<header>
Demonstration
projects
</header>
<paragraph id="H7C59F20CC3D74E8CB912DC5479BC0279">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Beginning not later
than 1 year after the date of the enactment of this Act, the Director shall
conduct or support at least 10 demonstration projects to—
</text>
<subparagraph id="HF8FFDDF545FA42ED812C632A9C63AF69">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
evaluate the implementation and
reimbursement of alternative dispositions of field EMS patients,
including—
</text>
<clause id="H0C66A732F7F542B2A720580CD18C378B">
<enum>
(i)
</enum>
<text>
transporting
patients by ambulance to alternate destinations when medically appropriate and
in the patients’ best interests; and
</text>
</clause>
<clause id="HBB32EA3DD90E4BD69CCD6F02A5806004">
<enum>
(ii)
</enum>
<text>
when medically
necessary, evaluating, treating, or referring patients to other medically
appropriate providers;
</text>
</clause>
</subparagraph>
<subparagraph id="HADEEE97B10D74F6BB4C595C1CCD86A34">
<enum>
(B)
</enum>
<text>
evaluate the
implementation of reimbursement models based on readiness rather than transport
or shared savings; and
</text>
</subparagraph>
<subparagraph id="H9E3BDDFAC84A47C0A1E82471C59831C7">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
determine whether such alternative
dispositions and reimbursement models—
</text>
<clause id="H683CBF00EC984D23BAA7AA126B498153">
<enum>
(i)
</enum>
<text>
improve the
safety, effectiveness, timeliness, and efficiency of EMS; and
</text>
</clause>
<clause id="H863790CA436E4F0A95F086FA40FAD940">
<enum>
(ii)
</enum>
<text>
reduce overall
utilization and expenditures under the Medicare program under title XVIII of
the Social Security Act.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HBA221EF15D864A519666F874ABDF3E98">
<enum>
(2)
</enum>
<header>
Evidence-based
protocols
</header>
<text display-inline="yes-display-inline">
The Director shall
ensure that at least one demonstration project under paragraph (1) evaluates
evidence-based protocols that give guidance on selection of the destination to
which patients are transported.
</text>
</paragraph>
<paragraph id="HC509A7E5008546EF9FB14D8C807AF9BA">
<enum>
(3)
</enum>
<header>
Duration
</header>
<text>
The
period of a demonstration project under paragraph (1) shall not exceed 36
months.
</text>
</paragraph>
<paragraph id="HE9EB0F07FB724A7BA7E77CBEC0A43BDA">
<enum>
(4)
</enum>
<header>
Research
</header>
<text>
If
the Director determines that further research is necessary prior to or in
conjunction with the demonstration projects under this subsection in order to
evaluation the implementation of alternative dispositions of field EMS
patients, the Director shall conduct or support such research.
</text>
</paragraph>
<paragraph id="H3D15E0C6AD4F4901BF2FB424A0C604FC">
<enum>
(5)
</enum>
<header>
Authorization of
appropriations
</header>
<text display-inline="yes-display-inline">
Of the amount
made available to carry out section 1115A of the Social Security Act (42 U.S.C.
1315a) for a fiscal year, there are authorized to be appropriated such sums as
may be necessary to carry out this subsection.
</text>
</paragraph>
</subsection>
<subsection id="H58D808F3DBD3485BAB2B693052B9FEFB">
<enum>
(c)
</enum>
<header>
Report to
Congress
</header>
<text>
Not later than 1 year after the completion of all
demonstration projects under subsection (b), the Director shall submit to the
Congress a report on the results of activities under this section, including
recommendations on the efficacy of alternative dispositions of field EMS
patients.
</text>
</subsection>
</section>
<section id="H247D4E73820944918ECB06F61FAD1063">
<enum>
10.
</enum>
<header>
Enhancing
research in field EMS
</header>
<subsection commented="no" id="H1217FA3AFD504AE59C31D3FDC9DFE058">
<enum>
(a)
</enum>
<header>
Models To be
tested by Center for Medicare and Medicaid Innovation
</header>
<text display-inline="yes-display-inline">
Section 1115A(b)(2)(B) of title XI of the
Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1315a">
42 U.S.C. 1315a(b)(2)(B)
</external-xref>
) is amended by adding at the end
the following:
</text>
<quoted-block display-inline="no-display-inline" id="H34D0048BBE6A414997D696C0D3CCE554" style="OLC">
<clause commented="no" id="H6C763E8CFA2C4E2AB596AEFC7D2EBB6D">
<enum>
(xxi)
</enum>
<text display-inline="yes-display-inline">
Enhancing health outcomes for patients
receiving field emergency medical services and improving timely and efficient
delivery of high-quality field emergency medical services, such as
through—
</text>
<subclause id="H1C50E179F76242F0AD5C22AB9BF41C1D">
<enum>
(I)
</enum>
<text>
regionalization of
emergency care;
</text>
</subclause>
<subclause id="H6B8FD0B356034983AC1FBB3844B4C3C8">
<enum>
(II)
</enum>
<text>
medical transport
to alternate destinations; or
</text>
</subclause>
<subclause id="HCDEB33093CAE463AACBF3AD4DDE855D0">
<enum>
(III)
</enum>
<text>
when medically
necessary, the evaluation, treatment, or referral of patients to other
medically appropriate health
providers.
</text>
</subclause>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H3CA1D590558D4F4FB0DBBE99ADC29302">
<enum>
(b)
</enum>
<header>
Emergency
medical research
</header>
<text>
Section 498D of the Public Health Service Act
(
<external-xref legal-doc="usc" parsable-cite="usc/42/289g-4">
42 U.S.C. 289g–4
</external-xref>
) is amended—
</text>
<paragraph id="HCFDAC6F544244A8A9D6D04B17C5FF3B6">
<enum>
(1)
</enum>
<text>
by redesignating
subsections (c) and (d) as subsections (d) and (e), respectively; and
</text>
</paragraph>
<paragraph id="H403BC6B6190A4B62801132284C87B647">
<enum>
(2)
</enum>
<text>
by inserting after
subsection (b) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HCB0D130C168A482CBF23D08DDD739D75" style="OLC">
<subsection id="H266E9796B1D3438DBA11ADD8C7874876">
<enum>
(c)
</enum>
<header>
Field EMS
emergency medical research
</header>
<text display-inline="yes-display-inline">
The Secretary shall conduct research and
evaluation relating to
<italic/>
field EMS through the Agency for
Healthcare Research and Quality and the Center for Medicare and Medicaid
Innovation.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H5208C85FEB4C46C393EE355E1159F29E">
<enum>
(c)
</enum>
<header>
Field EMS
practice center
</header>
<text>
Subpart II of part D of title IX of the Public
Health Service Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/299b-33">
42 U.S.C. 299b–33 et seq.
</external-xref>
) is amended by adding at the end
the following:
</text>
<quoted-block display-inline="no-display-inline" id="H45B8088862B3412CBE288ADA78516D01" style="OLC">
<section id="H9429215D06714D12AF65303E3C7F3679">
<enum>
938.
</enum>
<header>
Field EMS
practice center
</header>
<subsection id="HC7B1363E3D934530B6ED48BF5ED323D5">
<enum>
(a)
</enum>
<header>
Establishment
</header>
<text display-inline="yes-display-inline">
For the purpose described in subsection
(b), the Director shall establish within the Office of Research and Evaluation
a Field EMS Evidence-Based Practice Center.
</text>
</subsection>
<subsection id="H631B506569064491AE25990926F1D710">
<enum>
(b)
</enum>
<header>
Purpose
</header>
<text>
The
purpose of the Center is to conduct or support research to promote the highest
quality of emergency medical care in field EMS and the most effective delivery
system for the provision of such care. Research conducted or supported pursuant
to the preceding sentence shall include—
</text>
<paragraph id="H91A994602D6B4EDA899D126782812535">
<enum>
(1)
</enum>
<text>
comparative safety
and effectiveness research;
</text>
</paragraph>
<paragraph id="H01C1F5526367494687C120228BA2D584">
<enum>
(2)
</enum>
<text>
other appropriate
clinical or systems research; and
</text>
</paragraph>
<paragraph id="H0AA467CCC0AD404DAE33DD931DED0E2C">
<enum>
(3)
</enum>
<text>
research
addressing—
</text>
<subparagraph id="HEBE1023399814DDD9FC0E9A835307EC4">
<enum>
(A)
</enum>
<text>
critical care
transport;
</text>
</subparagraph>
<subparagraph id="H16A461490D54454793F9B788869C4B14">
<enum>
(B)
</enum>
<text>
off-shore
operations;
</text>
</subparagraph>
<subparagraph id="H363AD73A13004270B9729232ABD0E92C">
<enum>
(C)
</enum>
<text>
tactical emergency
medical services;
</text>
</subparagraph>
<subparagraph id="H2FC4346EA97B4A47A5172C7710641374">
<enum>
(D)
</enum>
<text>
air medical
services; and
</text>
</subparagraph>
<subparagraph id="H786167C7C8EE4E92BB1B266877B0E977">
<enum>
(E)
</enum>
<text>
the application of
lessons learned in military field medicine in the delivery of emergency medical
care in field EMS.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HEE9C41201E1F4E2FA0052060F160C986">
<enum>
(c)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
In this section:
</text>
<paragraph id="H345D4FE92FD449CFBF20FA20C7FF4039">
<enum>
(1)
</enum>
<text>
The term
<term>
Center
</term>
means the Field EMS Evidence-Based Practice Center
established under subsection (a).
</text>
</paragraph>
<paragraph id="H324FBB58F0A34639873E78CE09E5282E">
<enum>
(2)
</enum>
<text>
The term
<term>
field EMS
</term>
has the meaning given to such term in section 3 of the
<short-title>
Field EMS Quality, Innovation, and Cost
Effectiveness Improvements Act of
2013
</short-title>
.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H2FD6E000BFCD4D229CAEEF5CD74E1222">
<enum>
(d)
</enum>
<header>
Limitations on
certain uses of research
</header>
<text>
Section 1182 of the Social Security Act
(
<external-xref legal-doc="usc" parsable-cite="usc/42/1320e-1">
42 U.S.C. 1320e–1
</external-xref>
) is amended by striking
<quote>
section 1181
</quote>
each
place it appears and inserting
<quote>
section 1181 of this Act or section
498D(c) or 938 of the Public Health Service Act
</quote>
.
</text>
</subsection>
<subsection id="H89693F7576024152BA7C365B92867840">
<enum>
(e)
</enum>
<header>
Regulatory
barriers
</header>
<text>
For the purposes of research conducted pursuant to this
section or any other research funded by the Department of Health and Human
Services related to emergency medical services in the field in which informed
consent is required but may not be attainable, the Secretary of Health and
Human Services shall—
</text>
<paragraph id="H1828393129E54A7D9449EC4B72A59C42">
<enum>
(1)
</enum>
<text>
evaluate and
consider the patient and research issues involved; and
</text>
</paragraph>
<paragraph id="H8FC2336ABFAB45B0AFD138E11A0E20C1">
<enum>
(2)
</enum>
<text>
address regulatory
barriers to such research related to the need for informed consent in a manner
that ensures adequate patient safety and notification, and submit
recommendations to Congress for any changes to Federal statutes necessary to
address such barriers.
</text>
</paragraph>
</subsection>
</section>
<section id="HDCC4D495C1A747FB9341410F7B78C510">
<enum>
11.
</enum>
<header>
Emergency
Medical Services Trust Fund
</header>
<subsection id="HF8714A96219B4CC78FD5A9AF08A65780">
<enum>
(a)
</enum>
<header>
Designation of
income tax overpayments and additional contributions for emergency medical
services
</header>
<text display-inline="yes-display-inline">
Subchapter A of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/26/61">
chapter 61
</external-xref>
of the Internal Revenue Code of 1986 (relating to returns and
records) is amended by adding at the end the following new part:
</text>
<quoted-block display-inline="no-display-inline" id="H0855701134904DEC8D50A1F8804D38F4" style="OLC">
<part id="H0381AF16E9A9484190C5704F3C5BA60B">
<enum>
IX
</enum>
<header>
Designation of
income tax overpayments and additional contributions for emergency medical
services
</header>
<section id="H1F8959C82E27474EB57BD98D7144D8C1">
<enum>
6097.
</enum>
<header>
Designation by
individuals
</header>
<subsection id="H571E1A611CC74C9A97B2E468618FDAE2">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Every individual
(other than a nonresident alien)—
</text>
<paragraph id="H38AC4374EEE94C3AB8FB5BC2DBA5A9E7">
<enum>
(1)
</enum>
<text>
may designate that
a specified portion of any overpayment of tax for a taxable year, and
</text>
</paragraph>
<paragraph id="H9898C53A9BCA4B42BFD006C4821E0518">
<enum>
(2)
</enum>
<text>
may designate that
an amount in addition to any payment of tax for such taxable year and any
designation under paragraph (1),
</text>
</paragraph>
<continuation-text continuation-text-level="subsection">
shall be
used to fund the Emergency Medical Services Trust Fund. Designations under the
preceding sentence shall be in an amount not less than $1 and the Secretary
shall provide for elections in amounts of $1, $5, $10, or such other amount as
the taxpayer designates.
</continuation-text>
</subsection>
<subsection id="H72090CCA1EDA4D0EA51EC7FFDF521C92">
<enum>
(b)
</enum>
<header>
Adjusted income
tax liability
</header>
<text display-inline="yes-display-inline">
For purposes of
this section, the term
<term>
adjusted income tax liability
</term>
means income
tax liability (as defined in section 6096(b)) reduced by any amount designated
under section 6096 (relating to designation of income tax payments to
Presidential Election Campaign Fund).
</text>
</subsection>
<subsection id="H2877718A469746AC90FE9768D0DE4D02">
<enum>
(c)
</enum>
<header>
Overpayments
Treated as Refunded
</header>
<text>
For purposes of this title, any portion of an
overpayment of tax designated under subsection (a) shall be treated as—
</text>
<paragraph id="HE4DE849671A242B0A882BBF576BE0A1E">
<enum>
(1)
</enum>
<text>
being refunded to
the taxpayer as of the last date prescribed for filing the return of tax
imposed by chapter 1 (determined without regard to extensions) or, if later,
the date the return is filed, and
</text>
</paragraph>
<paragraph id="H3DE19B404EE6402392B22792E6DF91F6">
<enum>
(2)
</enum>
<text>
a contribution
made by such taxpayer on such date to the United States.
</text>
</paragraph>
</subsection>
<subsection id="H952DC2071000442EB4C132932AABD929">
<enum>
(d)
</enum>
<header>
Manner and time
of designation
</header>
<text>
A designation under subsection (a) may be made
with respect to any taxable year—
</text>
<paragraph id="H7AA5D4A0CC924C20BB701EDF4B85610E">
<enum>
(1)
</enum>
<text>
at the time of
filing the return of the tax imposed by chapter 1 for such taxable year,
or
</text>
</paragraph>
<paragraph id="H6AB4D47C3D094CFDBE528ACC43F2B71A">
<enum>
(2)
</enum>
<text>
at any other time
(after the time of filing the return of the tax imposed by chapter 1 for such
taxable year) specified in regulations prescribed by the Secretary.
</text>
</paragraph>
<continuation-text continuation-text-level="subsection">
Such
designation shall be made in such manner as the Secretary prescribes by
regulations except that, if such designation is made at the time of filing the
return of the tax imposed by chapter 1 for such taxable year, such designation
shall be made either on the first page of the return or on the page bearing the
signature of the
taxpayer.
</continuation-text>
</subsection>
</section>
</part>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H33067137EF444237B26F332014B0D4B4">
<enum>
(b)
</enum>
<header>
Emergency
Medical Services Trust Fund
</header>
<text>
Subchapter A of chapter 98 of the
Internal Revenue Code of 1986 is amended by adding at the end the following new
section:
</text>
<quoted-block id="H225FAD42C97540369BD2B1AE8BFA414B">
<section id="H90DE5499A32D4FFBAA7F766D126FAF20">
<enum>
9512.
</enum>
<header>
Emergency
Medical Services Trust Fund
</header>
<subsection id="H9D187DDF201249D6946C0A46628339C8">
<enum>
(a)
</enum>
<header>
Creation of
trust fund
</header>
<text>
There is established in the Treasury of the United
States a trust fund to be known as the
<quote>
Emergency Medical Services Trust
Fund
</quote>
, consisting of such amounts as may be credited or paid to such
trust fund as provided in section 6097.
</text>
</subsection>
<subsection id="H28C07D7210BC477FA427BB808DD97364">
<enum>
(b)
</enum>
<header>
Transfers to
trust fund
</header>
<text display-inline="yes-display-inline">
There are hereby
appropriated to the Emergency Medical Services Trust Fund amounts equivalent to
the amounts of the overpayments of tax to which designations under section 6097
apply.
</text>
</subsection>
<subsection commented="no" id="H1EA5887B4ACD42A4AFE7A685E14CCDCC">
<enum>
(c)
</enum>
<header>
Expenditures
from trust fund
</header>
<text display-inline="yes-display-inline">
Amounts in
the Emergency Medical Services Trust Fund shall be available, as provided in
appropriation Acts, only for carrying out the provisions for which amounts are
authorized to be appropriated under subsections (a) and (b) of section 12 of
the
<short-title>
Field EMS Quality, Innovation, and Cost
Effectiveness Improvements Act of
2013
</short-title>
.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HE2072F38B0F745A696D54403DE5B35D8">
<enum>
(c)
</enum>
<header>
Clerical
amendments
</header>
<paragraph id="H31DA2D86176E4E7AB41D6126FEFE360E">
<enum>
(1)
</enum>
<header>
Clerical
amendment
</header>
<text>
The table of parts for subchapter A of chapter 61 of
the Internal Revenue Code of 1986 is amended by adding at the end the following
new item:
</text>
<toc regeneration="no-regeneration">
<toc-entry level="part">
<quote>
Part IX. Designation of income tax
overpayments and additional contributions for emergency medical
services.
</quote>
.
</toc-entry>
</toc>
</paragraph>
<paragraph id="H10AEC0DFF69042329F72462EEAAD091B">
<enum>
(2)
</enum>
<text>
The table of
sections for subchapter A of chapter 98 of such Code is amended by adding at
the end the following new item:
</text>
<quoted-block display-inline="no-display-inline" id="HA09D6D961EB0479E82711F80DD957963" style="OLC">
<toc container-level="quoted-block-container" idref="H225FAD42C97540369BD2B1AE8BFA414B" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H90DE5499A32D4FFBAA7F766D126FAF20" level="section">
Sec. 9512. Emergency Medical Services Trust
Fund.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H85009AC6B45A44D392B4C23C215D87EA">
<enum>
(d)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by this section shall apply to taxable
years beginning after December 31, 2013.
</text>
</subsection>
</section>
<section id="H85365C5572044D268B124FC5F77CA302">
<enum>
12.
</enum>
<header>
Authorization of
appropriations
</header>
<subsection id="HD215C43D49864BB49E9191703CF23681">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Out of amounts in the Emergency Medical Services Trust
Fund, there are authorized to be appropriated—
</text>
<paragraph id="H81E39343F4E1462BABF3E3BDA365D537">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
$12,000,000 shall be for carrying out
sections 4 (excluding the provisions of law listed in subsection (b)(3) of such
section), 7, 9(a), 9(c), and 11 of this Act for each of fiscal years 2014
through 2017;
</text>
</paragraph>
<paragraph id="H4F000601A85F499DA3EE5D5C41E482E3">
<enum>
(2)
</enum>
<text>
$200,000,000 shall
be for carrying out section 5 of this Act for each of fiscal years 2014 through
2017;
</text>
</paragraph>
<paragraph id="HC98BD86BFDDF4018B5AD7407F00E4A79">
<enum>
(3)
</enum>
<text>
$50,000,000 shall
be for carrying out section 6 of this Act for each of fiscal years 2014 through
2017;
</text>
</paragraph>
<paragraph id="H9CB154D985B6483096EDE8D985CC0CEC">
<enum>
(4)
</enum>
<text>
$4,000,000 shall
be for carrying out section 7(c)(1) of this Act for each of fiscal years 2014
through 2017;
</text>
</paragraph>
<paragraph id="H8E11BD7E182244F28E48C10B977C1FE9">
<enum>
(5)
</enum>
<text>
$15,000,000 shall
be for carrying out section 8 of this Act for each of fiscal years 2014 through
2017; and
</text>
</paragraph>
<paragraph id="H3A6EF4AA3AC44046B81B8E834ADAC241">
<enum>
(6)
</enum>
<text>
$40,000,000 shall
be for carrying out sections 498D(c) and 938 of the Public Health Service Act,
as added by subsections (b) and (c) of section 10 of this Act, for each of
fiscal years 2014 through 2017.
</text>
</paragraph>
</subsection>
<subsection id="HC61C371736024857A7819691539CC29C">
<enum>
(b)
</enum>
<header>
Excess
amounts
</header>
<text display-inline="yes-display-inline">
If, for any fiscal
year, amounts in the Emergency Medical Services Trust Fund exceed the maximum
amount authorized to be appropriated under subsection (a), such excess amounts
are authorized to be appropriated to carry out section 330J, section 498D, and
parts A, B, C, D, and H of title XII of the Public Health Service Act (42
U.S.C. 254c–15, 289g–4, 300d et seq., 300d–11 et seq., 300d–31 et seq., and
300d–81 et seq.).
</text>
</subsection>
<subsection id="H7CBDDE94CA89431E8151D2128FF87099">
<enum>
(c)
</enum>
<header>
Start-Up
funding
</header>
<paragraph id="H0931AB0834124ECC86BF162FEA29EABF">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Out of the discretionary funds available to the Secretary
of Health and Human Services for each of fiscal years 2014 and 2015,
$40,000,000 shall be for carrying out the provisions listed in subsection (a)
or (b).
</text>
</paragraph>
<paragraph id="HF4BD991A809B43CDA1EAC7DE68FF015F">
<enum>
(2)
</enum>
<header>
Relation to
other funds
</header>
<text>
The amount of discretionary funds allocated under
paragraph (1) for the purpose of carrying out the provisions listed in
subsection (a) or (b) shall be in addition to, not in lieu of, the amount of
discretionary funds that would otherwise be available for such purpose.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="H04F744FEBBEA4E1B85F2B7924325DA5C">
<enum>
(d)
</enum>
<header>
Administrative
expenses
</header>
<text>
Of the amounts made available under subsection (a), (b),
or (c) to carry out each of the provisions listed in subsection (a), not more
than 5 percent of each such amount may be used for Federal administrative
expenses.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 809 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Bucshon introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for improvement of field emergency medical services, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Field EMS Quality, Innovation, and Cost Effectiveness Improvements Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Recognition of HHS as primary Federal agency for emergency medical services and trauma care. Sec. 5. Field EMS Excellence, Quality, Universal Access, Innovation, and Preparedness. Sec. 6. Field EMS System Performance, Integration, and Accountability. Sec. 7. Field EMS quality. Sec. 8. Field EMS education grants. Sec. 9. Evaluating innovative models for access and delivery of field EMS for patients. Sec. 10. Enhancing research in field EMS. Sec. 11. Emergency Medical Services Trust Fund. Sec. 12. Authorization of appropriations. 2. Findings The Congress finds the following: (1) All persons throughout the country should have access to and receive high-quality emergency medical care as part of a coordinated emergency medical services system. (2) Properly functioning emergency medical services (EMS) systems, 24 hours per day, 7 days per week, are essential to ensure access to emergency medical care and transport for all patients with emergency medical conditions. Such coordinated EMS systems are also necessary for response to catastrophic incidents. (3) Ensuring high-quality and cost-effective EMS systems requires readiness, preparedness, medical direction, oversight, and innovation throughout the continuum of emergency medical care through Federal, State, and local multijurisdictional collaboration and sufficient resources for EMS agencies and providers. (4) At the Federal level, EMS responsibilities and resources of several Federal agencies consistent with their expertise and authority must emphasize the critical importance of Federal agency collaboration and coordination for all emergency medical services. (5) At the State and local level, EMS systems and agencies require the coordination and improved capabilities of multiple and diverse stakeholders. (6) Emergency medical services encompass the provision of care provided to patients with emergency medical conditions throughout the continuum, including emergency medical care and trauma care provided in the field, hospital, and rehabilitation settings. (7) Field EMS comprises essential emergency medical services, including medical care or medical transport provided to patients prior to or outside medical facilities and other clinical settings. The primary purpose of field emergency medical services is to ensure that emergency medical patients receive the right care at the right place in the right amount of time. (8) Coordinated and high-quality field EMS is essential to the Nation’s security. Field EMS is an essential public service provided by governmental and nongovernmental agencies and practitioners 24 hours a day, 7 days a week, and during catastrophic incidents. To ensure disaster and all-hazards preparedness for EMS operations as part of the Nation’s comprehensive disaster preparedness, Federal funding for preparedness activities, including catastrophic training and drills, must be provided to governmental and nongovernmental EMS agencies so as to ensure a greater capability within each of these areas. (9) Numerous recommendations from several significant national reports and documents have demonstrated the need in multiple areas for substantial improvement of emergency medical services provided in the field, including recommendations in the EMS Agenda for the Future, the Institute of Medicine report The Future of Emergency Care in the United Health System , and the National EMS Education Agenda for the Future: A Systems Approach and recommendations by the National EMS Workforce Injury and Illness Surveillance Program, the Department of Transportation’s National EMS Advisory Council (NEMSAC), and the Federal Interagency Committee on Emergency Medical Services (FICEMS). (10) To substantially improve field EMS, advancements must be made in several essential areas including readiness, innovation, preparedness, education and workforce development, safety, financing, quality, standards, and research. (11) The recognition of a primary programmatic Federal agency for emergency medical services within the Department of Health and Human Services was recommended by the Institute of Medicine and is necessary to provide a more streamlined, cost-efficient, and comprehensive approach for field EMS and a focal point for practitioners and agencies to interface with the Federal Government. (12) The essential role of field EMS in disaster preparedness and response must be incorporated into the national preparedness and response strategy and implementation as provided and overseen by the Department of Homeland Security and the Department of Health and Human Services pursuant to their respective jurisdictions. (13) The essential role of NHTSA in the continued development of NEMSIS and in overseeing transportation issues related to field EMS such as EMS and ambulance vehicle safety standards should be maintained. (14) FICEMS must continue in its essential role in coordinating the Federal activities related to the full spectrum of EMS. 3. Definitions In this Act: (1) The term ambulance diversion means the practice by hospitals of denying access to an incoming ambulance by requesting it to proceed to another facility due to a stated lack of capacity at the initial facility, resulting in delayed access to definitive care. (2) The term EMS means emergency medical services. (3) The term FICEMS means the Federal Interagency Committee on Emergency Medical Services. (4) The term field EMS means emergency medical services provided to patients (including transport by ground, air, or otherwise) prior to or outside a medical facility or other clinical setting. (5) The term field EMS agency means an organization providing field EMS, regardless of— (A) whether such organization is governmental, nongovernmental, or volunteer; and (B) whether such organization provides field EMS by ground, air, or otherwise. (6) The term emergency medical services or EMS means emergency medical care, trauma care, and related services provided to patients at any point in the continuum of health care services, including emergency medical dispatch and emergency medical care, trauma care, and related services provided in the field, during transport, or in a medical facility or other clinical setting. (7) The term field EMS patient care reports means the information that a field EMS agency typically creates regarding a patient’s medical condition and treatment in the course of providing emergency medical services to that patient. (8) The term medical oversight means the supervision by a physician of the medical aspects of an EMS system or agency and its providers including prospective, concurrent, and respective components of field EMS and the education of EMS providers. (9) The term NEMSAC means the National Emergency Medical Services Advisory Council. (10) The term NEMSIS means the National EMS Information System. (11) The term NHTSA means the National Highway Traffic Safety Administration. (12) The term patient parking means the practice by hospitals of refusing to accept transfer of a patient’s care from an ambulance crew until a regular emergency department bed is available, requiring the crew to continue to provide patient care on the ambulance stretcher other than a patient bed in the hospital until hospital staff will accept the transfer of care, resulting in delayed access to definitive care. (13) The term State EMS Office means an office designated by the State with primary responsibility for oversight of the State’s EMS system, such as responsibility for oversight of EMS coordination, licensing or certifying EMS practitioners, and EMS system improvement. (14) The term STEMI means ST–Segment Elevation Myocardial Infarction. 4. Recognition of HHS as primary Federal agency for emergency medical services and trauma care (a) Primary Federal agency The Department of Health and Human Services shall serve as the primary Federal agency with responsibility for programs and activities relating to emergency medical services and trauma care. (b) Office of EMS and Trauma (1) Establishment There is established an Office of Emergency Medical Services and Trauma, to be known as the Office of EMS and Trauma, within the Department of Health and Human Services. The Office of EMS and Trauma shall be headed by a director appointed by the Secretary of Health and Human Services. (2) Role of Office within HHS (A) In general The Office of EMS and Trauma shall have— (i) the responsibilities delegated to the Office of EMS and Trauma pursuant to paragraph (3); (ii) the responsibilities and authorities vested in the Office of EMS and Trauma by other provisions of this Act; and (iii) such responsibilities and authorities as may be delegated or transferred to the Office of EMS and Trauma pursuant to subparagraph (B). (B) Additional responsibilities and authorities In addition to the responsibilities and authorities specified in clauses (i) and (ii) of subparagraph (A), the Secretary of Health and Human Services may delegate or transfer to the Office of EMS and Trauma any other responsibility or authority of the Department of Health and Human Services relating to emergency medical services and trauma care, including such services and care relating to— (i) the full continuum of emergency medical services, including field EMS and trauma and hospital emergency medical care; or (ii) improving the quality, innovation, or cost effectiveness of emergency medical services. (C) Location of office in HHS The Secretary shall locate the Office of EMS and Trauma within the organizational structure of the Department of Health and Human Services in a manner that achieves each of the following: (i) Recognition of the importance and unique life-saving services associated with field EMS, trauma care, and hospital emergency care as a significant Federal priority. (ii) Integration of these essential services with the larger health care system and within the disaster preparedness system, including through regionalization of such services and by enhancing daily readiness capabilities to ensure adequate disaster readiness capabilities, consistent with the National Health Security Strategy. (iii) Consolidation, co-location, and cost efficiencies in administering programs and activities related to field EMS, trauma care, and hospital emergency medical care. (iv) Establishment of a Federal focal point for leadership and improved coordination, support, and oversight of field EMS, trauma care and hospital emergency medical care. (v) Sufficient level and stature such that— (I) such Office is able to fulfill its role, responsibilities, and authorities; and (II) the Director of such Office reports directly to the Secretary or an official within the Department who reports directly to the Secretary. (vi) Establishment of a visible and identifiable point of contact with which the public; EMS agencies and practitioners; State and local government agencies; EMS educational institutions; EMS, trauma, and hospital emergency care professional associations; and all other parties may interact. (3) Responsibilities The Secretary of Health and Human Services shall, at a minimum, delegate responsibility to the Office of EMS and Trauma to carry out— (A) sections 5 and 6 (relating to the EQUIP and SPIA grant programs, respectively); (B) section 330J of the Public Health Service Act ( 42 U.S.C. 254c–15 ; relating to rural emergency service training and equipment assistance program); (C) part A ( 42 U.S.C. 300d et seq. ), part B (42 U.S.C. 300d–11 et seq.), part C ( 42 U.S.C. 300d–31 et seq. ), part D (42 U.S.C. 300d–41 et seq.), and part H ( 42 U.S.C. 300d–81 et seq. ) of title XII of the Public Health Service Act (relating to trauma care); (D) section 8 (relating to the field EMS education grant program); and (E) section 9 (relating to evaluating innovative models for access and delivery of field EMS for patients). (c) National EMS strategy The Secretary of Health and Human Services, acting through the Director of the Office of EMS and Trauma, and in consultation with the Assistant Secretary for Preparedness and Response and the Administrator of the Health Resources and Services Administration, shall develop and implement a cohesive national EMS strategy to strengthen the development of the full continuum of EMS at the Federal, State, and local levels. In establishing such a strategy, the Secretary shall— (1) solicit and consider the recommendations of the NEMSAC as well as relevant stakeholders; (2) consult and collaborate with FICEMS to ensure consistency of such national EMS strategy within the larger Federal strategy regarding all of emergency medical services and national preparedness and response; (3) address issues related to EMS patient and practitioner safety, standardization of EMS practitioner licensing and credentialing, field EMS quality and medical oversight, regionalization of field EMS and trauma and emergency care services, availability of field EMS and trauma care and emergency medical services throughout the Nation, and integration of field EMS practitioners into the broader health care system, including— (A) promotion of the adoption by States of the education standards identified in the Emergency Medical Services Education Agenda for the Future: A Systems Approach and any revisions thereto, including the standardization of licensing and credentialing of field EMS practitioners and standards of care, based on best practices and evidence-based medicine, including by— (i) the identification of differences in the levels of care, scope of practice, and licensure and credentialing requirements among the States; and (ii) the adoption by the States of national standards for such levels of care, scope of practice and licensure and credentialing requirements; (B) promotion of a culture of safety, including— (i) the adoption of an anonymous error reporting system designed to identify systemic problems in field EMS patient and practitioner safety and ensure a single means of collecting and reporting relevant error data by field EMS agencies and States; (ii) the establishment of field EMS patient and practitioner safety goals and the specific means to improve field EMS practitioner and patient safety to achieve such goals; and (iii) the adoption of more uniform national ambulance vehicle safety and manufacturing standards as developed by the National Fire Protection Administration or coordinated by NHTSA; (C) the integration and utilization of field EMS practitioners as part of the larger health care system including— (i) the potential utilization of field EMS practitioners for the provision of care to patients with nonemergent medical conditions; and (ii) strategies to implement the recommendations provided by the National Health Care Workforce Commission, pursuant to section 5101(d)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 294q(d)(2) ; and (D) such other issues as the Secretary considers appropriate; (4) incorporate into such strategy the preparedness and response objectives identified by the Secretary of Homeland Security and the Assistant Secretary for Preparedness and Response in order— (A) to ensure the capability and capacity of the full spectrum of EMS to respond to terrorist attacks, disasters, catastrophic events, and mass casualty events; and (B) to coordinate with the Secretary of Homeland Security accordingly; (5) complete the development of such strategy not later than 18 months after the date of enactment of this Act; (6) communicate such strategy to the relevant congressional committees of jurisdiction; (7) implement such strategy to the extent practical not later than 3 years after the date of enactment of this Act; and (8) update such strategy not less than every 3 years. (d) Statutory construction Nothing in this Act shall be construed to supercede any statutory authority of any Federal agency that is not within the Department of Health and Human Services. 5. Field EMS Excellence, Quality, Universal Access, Innovation, and Preparedness (a) In general The Director of the Office of EMS and Trauma (in this section referred to as the Director ), shall establish the EQUIP grant program— (1) to promote excellence in all aspects of the provision of field EMS by field EMS agencies; (2) to enhance the quality of emergency medical care provided to patients by field EMS practitioners through evidence-based, medically directed field emergency care; (3) to promote universal access to and availability of high-quality field EMS in all geographic locations of the Nation; (4) to spur innovation in the delivery of field EMS; and (5) to improve EMS agency readiness and preparedness for day-to-day emergency medical response. (b) Application (1) In general To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Director in such form and manner, that contains such agreements, assurances, and information as the Director determines to be reasonably necessary to carry out this section. (2) Simple form The Director shall ensure that grant application requirements are not unduly burdensome to smaller and volunteer field EMS agencies or other agencies with limited resources. (3) Consistency with preparation goals The Director shall ensure that grant applications are consistent with national and relevant State preparedness plans and goals. (c) Use of funds Grants may be used by eligible entities to— (1) sustain field EMS practitioners to ensure 24 hours a day, 7 days a week readiness and preparedness at the local level; (2) develop and implement initiatives related to delivery of medical services, including— (A) innovative clinical practices to improve the cost effectiveness and quality of care delivered to emergency patients in the field that results in improved patient outcomes and cost savings to the health system, including for high prevalence emergency medical conditions such as sudden cardiac arrest, STEMI, stroke, and trauma; and (B) delivery systems to improve patient outcomes, which may include implementing evidence-based protocols, interventions, systems, and technologies to reduce clinically meaningful response times; (3) purchase and implement— (A) medical equipment and training for using such equipment; (B) communication systems to ensure seamless and interoperable communications with other first responders; and (C) information systems to comply with NEMSIS data collection and integrate field emergency care with electronic medical records; (4) participate in federally sponsored field EMS research; (5) establish or enhance comprehensive medical oversight and quality assurance programs that include the active participation by medical directors in field EMS medical direction and educational programs; and (6) such other uses as the Director may establish. (d) Administration of grants In establishing and administering the EQUIP grant program, the Director— (1) shall establish a grantmaking process that includes— (A) prioritization for the awarding of grants to eligible entities and consideration of the factors in reviewing grant applications by eligible entities including— (i) demonstrated financial need for funding; (ii) utilization of public and private partnerships; (iii) enhanced access to high-quality field EMS in under served geographic areas; (iv) unique needs of volunteer and rural field EMS agencies; (v) distribution among a variety of geographic areas, including urban, suburban, and rural; (vi) distribution of funds among types of EMS agencies, including governmental, nongovernmental and volunteer; (vii) implementation of evidence-based interventions that improve quality of care, patient outcomes, efficiency, or cost effectiveness; and (viii) such other factors as the Director considers necessary; (B) a peer-reviewed process to recommend grant allocations in accordance with the prioritization established by the Director except that final award determinations shall be made by the Director; and (C) the provision of grant awards to eligible entities on an annual basis, except that the Director may reserve not more than 25 percent of the available appropriations for multiyear grants and no grant award may exceed a 2-year period; (2) shall consult with and take into consideration the recommendations of the Assistant Secretary for Preparedness and Response, FICEMS, NEMSAC and relevant stakeholders; (3) shall ensure that funds used for day-to-day preparedness activities are consistent and aligned with Federal preparedness priorities; and (4) may contract with an independent, third-party, nonprofit organization to administer the grant program if the Director establishes conflict-of-interest requirements as part of any such contractual relationship. (e) Eligibility Eligible grant recipients are field EMS agencies that— (1) are licensed by or otherwise authorized in the State in which they operate; and (2) have medical oversight and quality improvement programs as defined by the Director. (f) Annual report The Director shall submit an annual report on the EQUIP grant program under this section to the Congress. 6. Field EMS System Performance, Integration, and Accountability (a) In general The Director of the Office of EMS and Trauma (in this section referred to as the Director ) shall establish the SPIA grant program— (1) to improve field EMS system performance, integration and accountability; (2) to ensure preparedness for field EMS at the State and local levels; (3) to enhance physician medical oversight of field EMS systems; (4) to improve coordination between regional field EMS systems and integration of such regional field EMS systems into the larger health care system; (5) to enhance data collection and analysis to improve, on a continuing basis, the field EMS system; and (6) to promote standardization of national EMS certification of emergency medical technicians and paramedics. (b) Use of funds Grants may be used by eligible entities— (1) to enhance EMS system readiness and preparedness for day-to-day emergency medical response; (2) to improve cross-border collaboration and planning among States; and (3) to collect data with regard to— (A) NEMSIS; (B) field EMS education; (C) field EMS workforce; (D) cardiac events, including STEMI and sudden cardiac arrest; (E) stroke; (F) disasters, including injuries and illnesses; (G) ambulance diversion and patient parking; (H) trauma (in a manner that is complementary and not duplicative of other trauma data collection such as the National Trauma Data Bank); (I) data determined necessary by the State office of EMS for oversight and coordination of the State field EMS system; and (J) any other such data that the Director specifies; (4) to implement and evaluate system-wide quality improvement initiatives, including medical direction at the State, local, and regional levels; (5) to integrate field EMS with other health care services as part of a coordinated system of care provided to patients with emergency medical conditions to help ensure the right patient receives the right care by the right crew in the right vehicle and at the right medical facility in the right amount of time, including by enhancing regional emergency medical dispatch; (6) to incorporate national EMS certification for all levels of emergency medical technicians and paramedics; (7) to improve the State’s planning for ensuring a consistent, available EMS workforce; (8) to fund EMS regional and local oversight and planning organizations or develop regional systems of emergency medical care within the State to further enhance coordination and systemic development throughout the State; and (9) for such other uses as the Director may establish. (c) Administration of grants In establishing and administering the SPIA grant program, the Director shall— (1) establish State EMS system performance standards to serve as guidance to States in improving their EMS systems and in applying for grants under this subsection. In establishing such standards, the Director shall— (A) take into the consideration the recommendations of the Assistant Secretary for Preparedness and Response, FICEMS, NEMSAC, and relevant stakeholders; (B) include national, evidence-based guidelines; and (C) take into account the needs and resource limitations of volunteer, smaller agencies, and agencies in rural areas. (2) provide technical assistance to State EMS offices in conducting comprehensive EMS planning with regard to evidence-based workforce and development competencies for field EMS management; (3) allocate, within the available funds, SPIA grants to a maximum of one grant per applicant according to a formula based on population and geographic area, as determined by the Director, for a period not to exceed 2 years; and (4) require that States allocate a portion of their grant funds to regional and local oversight and planning EMS organizations within the State for the purpose of field EMS system development, maintenance, and improvement of coordination among regional organizations. (d) Application To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Director in such form and manner, that contains such agreements, assurances, and information as the Director determines to be reasonably necessary to carry out this section. (e) Eligibility The eligible entities for a grant under this section are the State EMS office in each of the several States, tribes, and territories. (f) Annual report The Director shall submit an annual report on the SPIA grant program under this section to the Congress. 7. Field EMS quality (a) Medical oversight (1) In general To improve medical oversight of field EMS and ensure continuity and quality for such medical oversight, the Director of the Office of EMS and Trauma (in this section referred to as the Director ) shall— (A) promote high-quality and comprehensive medical oversight of— (i) all medical care provided by field EMS practitioners; and (ii) the education and training of field EMS practitioners; (B) promote the development, adoption, and utilization of national guidelines for the roles of physicians who provide medical oversight for field EMS and other health care providers who support physicians in this role; (C) support efforts of relevant physician stakeholders in developing and disseminating guidelines for use by EMS medical directors and field EMS practitioners on a national basis; and (D) convene a Field EMS Medical Oversight Advisory Committee, comprised of representatives of relevant physician stakeholders, to advise the Director on ways and means to advance and support development and maintenance of quality medical oversight throughout the Nation's systems for field EMS. (2) Additional considerations In carrying out subparagraphs (B) and (C) of paragraph (1) (relating to supporting guidelines), the Director shall take into consideration— (A) existing guidelines developed by national professional physician associations, States, and other relevant governmental or nongovernmental entities; (B) the input of other relevant stakeholders, including health care providers who support physicians who provide medical oversight for field EMS; and (C) the unique needs associated with medical oversight of provision of field EMS in rural areas or by volunteers. (3) Flexibility The guidelines promoted under subparagraphs (B) and (C) of paragraph (1) shall ensure high-quality training, credentialing, and direction in connection with medical oversight of field EMS at the State, regional, and local levels while providing sufficient flexibility to account for historical and legitimate differences in field EMS among States, regions, and localities. (4) Required use of guidelines As a condition on receipt of a grant under section 5 or 6, the Director shall require the grant recipient to adopt and implement (to the extent applicable) the guidelines promoted under subparagraphs (B) and (C) of paragraph (1). (b) GAO study and report (1) In general The Comptroller General of the United States shall complete a study on— (A) medical and administrative liability issues that may impede— (i) medical direction provided by physicians directly regarding specific patients or medical oversight provided by physicians in establishing medical protocols, procedures, and other activities related to the provision of emergency medical care in field EMS; or (ii) the highest quality emergency medical care in field EMS provided by personnel other than physicians such as emergency medical technicians and paramedics; (B) reimbursement for any component of medical oversight; and (C) such other issues as the Comptroller General deems appropriate relating to improving the quality and medical oversight of emergency medical care in field EMS. (2) Report to Congress Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall complete the study under paragraph (1) and submit a report to the Congress on the results of such study, including any recommendations. (c) Data collection and exchange (1) National EMS information system (A) In general The Administrator of NHTSA may maintain, improve, and expand the National EMS Information System, including the National EMS Database. (B) Consultation The Administrator of NHTSA shall carry out this paragraph in consultation with the Director. (C) Standardization In carrying out subparagraph (A), the Administrator of NHTSA shall promote the collection and reporting of data on field EMS in a standardized manner. (D) Availability of data The Administrator of NHTSA shall ensure that information in the National EMS Database (other than individually identifiable information) is available to Federal and State policymakers, EMS stakeholders, and researchers. (E) Technical assistance In carrying out subparagraph (A), the Administrator of NHTSA may provide technical assistance to State and local agencies, field EMS agencies, and other entities deemed appropriate by the Administrator to assist in the collection, analysis, and reporting of data. (2) Report on data gaps (A) In general Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director, in consultation with the Administrator of NHTSA, shall submit to the Congress a report that— (i) identifies gaps in the collection of data related to the provision of field EMS; and (ii) includes recommendations for improving the collection, reporting, and analysis of such data. (B) Recommendations The recommendations required by subparagraph (A)(ii) shall— (i) take into consideration the recommendations of FICEMS and NEMSAC and relevant stakeholders; (ii) recommend methods for improving data collection and reporting and analysis without unduly burdening reporting entities and without duplicating existing data sources (such as data collected by the National Trauma Data Bank); (iii) address the quality and availability of data, and linkages with existing patient registries, related to the provision of field EMS and utilization of field EMS with respect to a variety of illnesses and injuries (in both the everyday provision of field EMS and catastrophic or disaster response) including— (I) cardiac events such as chest pain, sudden cardiac arrest, and STEMI; (II) stroke; (III) trauma; (IV) disaster and catastrophic incidents, such as incidents related to terrorism or natural or manmade disasters; and (V) ambulance diversion and patient parking; and (iv) include an analysis of the variety of services provided by field EMS agencies. (3) Report on data integration to promote quality of care Not later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the head of the Office of the National Coordinator for Health Information Technology, in collaboration with the Director of the Office of EMS and Trauma, FICEMS, and the Administrator of NHTSA as appropriate, and taking into consideration input from relevant stakeholders, shall submit a report (including recommendations) on issues, impediments, and potential solutions pertaining to the following objectives: (A) Incorporation of field EMS patient care reports into patient electronic health records, taking into consideration— (i) the extent to which field EMS patient care reports are presently created in electronic format and the potential for elements of such reports to be incorporated into patient electronic health records; (ii) the data elements of field EMS patient care reports that would promote quality and efficiency of care if incorporated into patient electronic health records; (iii) potential modifications to the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act or other Federal health programs (including potential modifications to the HITECH Act (title XIII of division A of Public Law 111–5 ) including modifications to the entities included as eligible for incentive payments under section 1848(o), 1853(l) (to the extent that such section 1848(o) is applied), or 1903(t) of the Social Security Act, criteria for certified EHR technology for purposes of such sections, and objectives and measures for determining meaningful use of such technology for purposes of such sections) to provide appropriate reimbursement and financial incentives for EMS agencies— (I) to maintain field EMS patient care reports in a structured electronic format; and (II) to otherwise adopt and use electronic health records; and (iv) potential modifications to the HITECH Act to provide incentives to eligible hospitals under section 1886(n), 1853(m) (to the extent that such section 1886(n) is applied), or section 1814(l)(3) of the Social Security Act to incorporate appropriate data elements of field EMS patient care reports into patient electronic health records. (B) Incorporation of patient health information created subsequent to the receipt of field EMS emergency care into NEMSIS, taking into consideration— (i) what types of medical information created subsequent to the receipt of field EMS emergency care (such as outcomes information or information regarding subsequent care and treatment) would, if included in NEMSIS, be potentially useful in evaluating and improving the quality of EMS care; (ii) how best to integrate such information into NEMSIS; (iii) potential modifications to the HITECH Act to require eligible hospitals, as defined in section 1886(n)(6)(B) of the Social Security Act, for purposes of incentive payments under 1886(b)(3)(B)(ix) and 1886(n) of such Act, to develop or report relevant data to NEMSIS or other appropriate State or private registries; and (iv) potential modifications to the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act or other Federal health programs to provide appropriate reimbursement and financial incentives for field EMS agencies to develop or report relevant data to NEMSIS or other appropriate State or private registries. (d) Clarification of HIPAA (1) Exchange of information related to the treatment of patients (A) In general Nothing in HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act ( 42 U.S.C. 300jj–19(a)(2) ) shall be construed as prohibiting the exchange of information between field EMS practitioners treating an individual and personnel of a hospital to which the individual is transported for the purposes of relating information on the medical history, treatment, care, and outcome of such individual (including any health care personnel safety issues such as infectious disease). (B) Guidelines The Secretary of Health and Human Services shall establish guidelines for exchanges of information between field EMS practitioners treating an individual and personnel of a hospital to which the individual is transported to protect the privacy of the individual while ensuring the ability of such EMS practitioners and hospital personnel to communicate effectively to further the continuity and quality of emergency medical care provided to such individual. (2) NEMSIS data Nothing in HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act ( 42 U.S.C. 300jj–19(a)(2) ) shall be construed as prohibiting— (A) a field EMS agency from submitting EMS data to the State EMS Office for the purpose of quality improvement and data collection by the State for submission to NEMSIS; or (B) the State EMS Office from submitting aggregated nonindividually identifiable EMS data to the National EMS Database maintained by NHTSA. 8. Field EMS education grants (a) In general For the purpose of promoting field EMS as a health profession and ensuring the availability, quality, and capability of field EMS educators, practitioners, and medical directors, the Director of the Office of EMS and Trauma (in this section referred to as the Director ) may make grants to eligible entities for the development, availability, and dissemination of field EMS education programs and courses that improve the quality and capability of field EMS personnel. In carrying out this section, the Director shall take into consideration input from the Administrator of NHTSA, FICEMS, NEMSAC, the National Health Care Workforce Commission established under section 5101 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 294q ), and relevant stakeholders. (b) Eligibility In this section, the term eligible entity means an educational organization, an educational institution, a professional association, and any other entity involved with the education of field EMS practitioners. (c) Use of funds The Director may award a grant to an eligible entity under paragraph (1) only if the entity agrees to use the grant to— (1) develop and implement education programs that— (A) train field EMS trainers and promote the adoption and implementation of the education standards identified in the Emergency Medical Services Education Agenda for the Future: A Systems Approach including any revisions thereto; (B) bridge the gap in knowledge and skills in field EMS and among field EMS and other allied health professions to develop a larger cadre of educational instructors and build a stronger and more flexible field EMS practitioner corps; or (C) provide training and retraining programs to provide displaced workers the opportunity to enter a field EMS profession; (2) develop and implement educational courses pertaining to— (A) instructor courses; (B) provision of medical direction of field EMS; (C) field EMS practitioners, including physicians, emergency medical technicians, paramedics, nurses, and other relevant clinicians providing emergency medical care in the field; (D) field EMS educational and clinical research; (E) bridge programs among field EMS, nursing, and other allied health professions; (F) field EMS management; (G) national, evidence-based guidelines; and (H) translation of the lessons learned in military medicine to field EMS; (3) evaluate education and training courses and methodologies to identify optimal educational modalities for field EMS practitioners; (4) improve the field EMS education infrastructure by increasing the number of field EMS instructors and the quality of their preparation by improving, enhancing, and modernizing the dissemination of EMS education, including distance learning, and by establishing quality improvement for EMS education programs; (5) enhance the opportunity for medical direction training and for promoting appropriate medical oversight of field emergency medical care; (6) improve systems to design, implement, and evaluate education for prospective and current field EMS providers; or (7) carrying out such other activities as the Director may identify. (d) Priority The Director, in consultation with NHTSA and relevant stakeholders, and taking into consideration the recommendations of FICEMS and NEMSAC, shall establish a system of prioritization in awarding grants under this section to eligible entities. (e) Duration of grants Grants under this section shall be for a period of 1 to 3 years. (f) Application The Director may not award a grant to an eligible entity under this section unless the entity submits an application to the Director in such form, in such manner, and containing such agreements, assurances, and information as the Director may require. The Director shall ensure that the requirements for submitting an application under this section are not unduly burdensome. 9. Evaluating innovative models for access and delivery of field EMS for patients (a) Evaluation (1) In general Not later than 1 year after the date of the enactment of this Act, the Director of the Office of EMS and Trauma, in consultation with the Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the Director ), and taking into consideration the recommendations of NEMSAC and FICEMS, shall complete an evaluation of— (A) the provision of and reimbursement for alternative delivery models for medical care through field EMS; and (B) the integration of field EMS patients with other medical providers and facilities as medically appropriate. (2) Specific issues The evaluation under paragraph (1) shall consider each of the following: (A) Alternative dispositions of patients, including— (i) transporting patients by ambulance to destinations other than a hospital such as the office of the patient’s physician, an urgent care center, or the facilities of another health care provider; (ii) when medically necessary, the evaluation, treatment, or referral of patients to other medically appropriate health care providers; and (iii) the funding of the provision of medical care regardless of the decision to transport such as reimbursement models based on readiness rather than transport and shared savings. (B) Issues related to medical liability and the requirements of section 1867 of the Social Security Act ( 42 U.S.C. 1395dd ; commonly referred to as EMTALA ) associated with transport to destinations other than a hospital emergency department. (C) Necessary protections to ensure that patients receive timely and appropriate care in the appropriate setting. (D) Whether there are any barriers to providing alternate dispositions to patients who are not in need of care in hospital emergency departments. (E) Other issues determined by the Director, including, when possible, issues recommended by FICEMS or NEMSAC for evaluation under this subsection. (b) Demonstration projects (1) In general Beginning not later than 1 year after the date of the enactment of this Act, the Director shall conduct or support at least 10 demonstration projects to— (A) evaluate the implementation and reimbursement of alternative dispositions of field EMS patients, including— (i) transporting patients by ambulance to alternate destinations when medically appropriate and in the patients’ best interests; and (ii) when medically necessary, evaluating, treating, or referring patients to other medically appropriate providers; (B) evaluate the implementation of reimbursement models based on readiness rather than transport or shared savings; and (C) determine whether such alternative dispositions and reimbursement models— (i) improve the safety, effectiveness, timeliness, and efficiency of EMS; and (ii) reduce overall utilization and expenditures under the Medicare program under title XVIII of the Social Security Act. (2) Evidence-based protocols The Director shall ensure that at least one demonstration project under paragraph (1) evaluates evidence-based protocols that give guidance on selection of the destination to which patients are transported. (3) Duration The period of a demonstration project under paragraph (1) shall not exceed 36 months. (4) Research If the Director determines that further research is necessary prior to or in conjunction with the demonstration projects under this subsection in order to evaluation the implementation of alternative dispositions of field EMS patients, the Director shall conduct or support such research. (5) Authorization of appropriations Of the amount made available to carry out section 1115A of the Social Security Act (42 U.S.C. 1315a) for a fiscal year, there are authorized to be appropriated such sums as may be necessary to carry out this subsection. (c) Report to Congress Not later than 1 year after the completion of all demonstration projects under subsection (b), the Director shall submit to the Congress a report on the results of activities under this section, including recommendations on the efficacy of alternative dispositions of field EMS patients. 10. Enhancing research in field EMS (a) Models To be tested by Center for Medicare and Medicaid Innovation Section 1115A(b)(2)(B) of title XI of the Social Security Act ( 42 U.S.C. 1315a(b)(2)(B) ) is amended by adding at the end the following: (xxi) Enhancing health outcomes for patients receiving field emergency medical services and improving timely and efficient delivery of high-quality field emergency medical services, such as through— (I) regionalization of emergency care; (II) medical transport to alternate destinations; or (III) when medically necessary, the evaluation, treatment, or referral of patients to other medically appropriate health providers. . (b) Emergency medical research Section 498D of the Public Health Service Act ( 42 U.S.C. 289g–4 ) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Field EMS emergency medical research The Secretary shall conduct research and evaluation relating to field EMS through the Agency for Healthcare Research and Quality and the Center for Medicare and Medicaid Innovation. . (c) Field EMS practice center Subpart II of part D of title IX of the Public Health Service Act ( 42 U.S.C. 299b–33 et seq. ) is amended by adding at the end the following: 938. Field EMS practice center (a) Establishment For the purpose described in subsection (b), the Director shall establish within the Office of Research and Evaluation a Field EMS Evidence-Based Practice Center. (b) Purpose The purpose of the Center is to conduct or support research to promote the highest quality of emergency medical care in field EMS and the most effective delivery system for the provision of such care. Research conducted or supported pursuant to the preceding sentence shall include— (1) comparative safety and effectiveness research; (2) other appropriate clinical or systems research; and (3) research addressing— (A) critical care transport; (B) off-shore operations; (C) tactical emergency medical services; (D) air medical services; and (E) the application of lessons learned in military field medicine in the delivery of emergency medical care in field EMS. (c) Definition In this section: (1) The term Center means the Field EMS Evidence-Based Practice Center established under subsection (a). (2) The term field EMS has the meaning given to such term in section 3 of the Field EMS Quality, Innovation, and Cost Effectiveness Improvements Act of 2013 . . (d) Limitations on certain uses of research Section 1182 of the Social Security Act ( 42 U.S.C. 1320e–1 ) is amended by striking section 1181 each place it appears and inserting section 1181 of this Act or section 498D(c) or 938 of the Public Health Service Act . (e) Regulatory barriers For the purposes of research conducted pursuant to this section or any other research funded by the Department of Health and Human Services related to emergency medical services in the field in which informed consent is required but may not be attainable, the Secretary of Health and Human Services shall— (1) evaluate and consider the patient and research issues involved; and (2) address regulatory barriers to such research related to the need for informed consent in a manner that ensures adequate patient safety and notification, and submit recommendations to Congress for any changes to Federal statutes necessary to address such barriers. 11. Emergency Medical Services Trust Fund (a) Designation of income tax overpayments and additional contributions for emergency medical services Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: IX Designation of income tax overpayments and additional contributions for emergency medical services 6097. Designation by individuals (a) In general Every individual (other than a nonresident alien)— (1) may designate that a specified portion of any overpayment of tax for a taxable year, and (2) may designate that an amount in addition to any payment of tax for such taxable year and any designation under paragraph (1), shall be used to fund the Emergency Medical Services Trust Fund. Designations under the preceding sentence shall be in an amount not less than $1 and the Secretary shall provide for elections in amounts of $1, $5, $10, or such other amount as the taxpayer designates. (b) Adjusted income tax liability For purposes of this section, the term adjusted income tax liability means income tax liability (as defined in section 6096(b)) reduced by any amount designated under section 6096 (relating to designation of income tax payments to Presidential Election Campaign Fund). (c) Overpayments Treated as Refunded For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as— (1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and (2) a contribution made by such taxpayer on such date to the United States. (d) Manner and time of designation A designation under subsection (a) may be made with respect to any taxable year— (1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or (2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the signature of the taxpayer. . (b) Emergency Medical Services Trust Fund Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Emergency Medical Services Trust Fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Emergency Medical Services Trust Fund , consisting of such amounts as may be credited or paid to such trust fund as provided in section 6097. (b) Transfers to trust fund There are hereby appropriated to the Emergency Medical Services Trust Fund amounts equivalent to the amounts of the overpayments of tax to which designations under section 6097 apply. (c) Expenditures from trust fund Amounts in the Emergency Medical Services Trust Fund shall be available, as provided in appropriation Acts, only for carrying out the provisions for which amounts are authorized to be appropriated under subsections (a) and (b) of section 12 of the Field EMS Quality, Innovation, and Cost Effectiveness Improvements Act of 2013 . . (c) Clerical amendments (1) Clerical amendment The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Part IX. Designation of income tax overpayments and additional contributions for emergency medical services. . (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Emergency Medical Services Trust Fund. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 12. Authorization of appropriations (a) In general Out of amounts in the Emergency Medical Services Trust Fund, there are authorized to be appropriated— (1) $12,000,000 shall be for carrying out sections 4 (excluding the provisions of law listed in subsection (b)(3) of such section), 7, 9(a), 9(c), and 11 of this Act for each of fiscal years 2014 through 2017; (2) $200,000,000 shall be for carrying out section 5 of this Act for each of fiscal years 2014 through 2017; (3) $50,000,000 shall be for carrying out section 6 of this Act for each of fiscal years 2014 through 2017; (4) $4,000,000 shall be for carrying out section 7(c)(1) of this Act for each of fiscal years 2014 through 2017; (5) $15,000,000 shall be for carrying out section 8 of this Act for each of fiscal years 2014 through 2017; and (6) $40,000,000 shall be for carrying out sections 498D(c) and 938 of the Public Health Service Act, as added by subsections (b) and (c) of section 10 of this Act, for each of fiscal years 2014 through 2017. (b) Excess amounts If, for any fiscal year, amounts in the Emergency Medical Services Trust Fund exceed the maximum amount authorized to be appropriated under subsection (a), such excess amounts are authorized to be appropriated to carry out section 330J, section 498D, and parts A, B, C, D, and H of title XII of the Public Health Service Act (42 U.S.C. 254c–15, 289g–4, 300d et seq., 300d–11 et seq., 300d–31 et seq., and 300d–81 et seq.). (c) Start-Up funding (1) In general Out of the discretionary funds available to the Secretary of Health and Human Services for each of fiscal years 2014 and 2015, $40,000,000 shall be for carrying out the provisions listed in subsection (a) or (b). (2) Relation to other funds The amount of discretionary funds allocated under paragraph (1) for the purpose of carrying out the provisions listed in subsection (a) or (b) shall be in addition to, not in lieu of, the amount of discretionary funds that would otherwise be available for such purpose. (d) Administrative expenses Of the amounts made available under subsection (a), (b), or (c) to carry out each of the provisions listed in subsection (a), not more than 5 percent of each such amount may be used for Federal administrative expenses. |
113-hr-810-ih-dtd | 113-hr-810 | 113 | hr | 810 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr810ih.xml | BILLS-113hr810ih.xml | 2023-01-08 17:37:47.483 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H03016D42E59A433C808028947EFE26A0" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 810 IH: To grant the Secretary of Defense the authority to transfer funding under a continuing resolution, and for other purposes.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-25
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 810
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="H001050">
Ms. Hanabusa
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HAP00">
Committee on
Appropriations
</committee-name>
, and in addition to the Committee on
<committee-name committee-id="HAS00">
Armed Services
</committee-name>
, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To grant the Secretary of Defense the authority to
transfer funding under a continuing resolution, and for other
purposes.
</official-title>
</form>
<legis-body id="H5D388A7B801D45F0988792F7E8616FC5" style="OLC">
<section id="H97AC7F4E62874AD187E1486362BF61BB" section-type="section-one">
<enum>
1.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
Congress finds the following:
</text>
<paragraph id="HFC73D4E43AD641BE853BA6EC7D081D17">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
On September 14, 2010, Secretary of Defense
Robert M. Gates outlined an efficiencies initiative relating to contracting for
goods and services by the Department of Defense, designed to save the
Department $100 billion over the next five years.
</text>
</paragraph>
<paragraph id="H1429EF87174047BD9EF43565CE67697A">
<enum>
(2)
</enum>
<text>
On January 26,
2012, Secretary of Defense Leon Panetta announced that the Department of
Defense was on the path to save $259 billion over the next 5 years and $487
billion over the next 10. Secretary Panetta called the budget
<quote>
a
balanced, complete package
</quote>
that keeps the American military the
preeminent force in the world.
</text>
</paragraph>
<paragraph id="H4A34AA4D073643AD9EB4AEA4DEC19EB0">
<enum>
(3)
</enum>
<text>
On February 13,
2012, Assistant Secretary of Defense Ashton Carter, along with the Joint Chiefs
of Staff, testified to the House Armed Services Committee that, if limitations
on the transfer of funds were lifted in the Continuing Appropriations
Resolution (
<external-xref legal-doc="public-law" parsable-cite="pl/112/175">
Public Law 112–175
</external-xref>
), significant shortfalls in the Operations &
Maintenance accounts of their respective services could be alleviated.
</text>
</paragraph>
</section>
<section id="H885749EC92F842848E0983E7587621A5">
<enum>
2.
</enum>
<header>
Report from
Secretary of Defense to Congress
</header>
<subsection id="H646C2E92D07B4AD3A1BA9E66E932613A">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Not later than 30
days after the date of enactment of this Act, the Secretary shall submit to the
congressional defense committees a report containing the following:
</text>
<paragraph commented="no" id="HA32FE03A299F4B939CD446D1DC242573">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
A detailed outline of—
</text>
<subparagraph id="H695BC7F149754DA2930F2FC92410E77D">
<enum>
(A)
</enum>
<text>
the efficiencies
initiative announced by the Secretary on September 14, 2010, relating to
contracting for goods and services by the Department of Defense; and
</text>
</subparagraph>
<subparagraph id="H96A508AF3EED4CA4B78FA04B43106710">
<enum>
(B)
</enum>
<text>
the budget
initiate announced by the Secretary on January 26, 2012.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H3D4E10D312D54D8686AAA7A0E9F4BC5C">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
A detailed accounting of how the
initiatives described in paragraph (1) are being used to conform with the
discretionary spending limit for the security category in fiscal year 2013 in
section 251(c)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
</text>
</paragraph>
<paragraph commented="no" id="H0211F4F75AF9481E93805DB7B38C2FFF">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
A detailed accounting of how the
initiatives described in paragraph (1) will be used to conform with the
discretionary spending limit for the security category for each of fiscal years
2014 through 2021 in section 251(c)(2) of such Act.
</text>
</paragraph>
</subsection>
<subsection id="H690C6202D58F457D91C981B414A60474">
<enum>
(b)
</enum>
<header>
Coordination
</header>
<text display-inline="yes-display-inline">
For purposes of providing the information
required under subsections (a)(2) and (a)(3), the Secretary shall coordinate
with the heads of the other agencies covered by the security category.
</text>
</subsection>
</section>
<section id="HDEAB436E01DB4167858CE0A28DA0B34B">
<enum>
3.
</enum>
<header>
Transfer
authority for Department of Defense under a continuing resolution
</header>
<subsection commented="no" id="H03449A1FC95145BBA799A8BE81DEB1A6">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Secretary may
transfer amounts made available to the Department of Defense by a continuing
resolution among accounts of the Department of Defense
</text>
</subsection>
<subsection id="H7FD9BE9A94CB45879EC33D209D25546F">
<enum>
(b)
</enum>
<header>
Limitation
</header>
<text display-inline="yes-display-inline">
In the event of a transfer under subsection
(a), the total amount in any account of the Department of Defense that is
available for obligation in fiscal year 2013 may not exceed the amount
authorized to be appropriated for the account for fiscal year 2013 by
applicable provisions of the National Defense Authorization Act for Fiscal Year
2013 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/239">
Public Law 112–239
</external-xref>
).
</text>
</subsection>
<subsection id="H2B0547F01BAC47EB8DB74F421E057585">
<enum>
(c)
</enum>
<header>
Subsequent
appropriations Act
</header>
<text>
In the event that a regular appropriations Act
for the Department of Defense is enacted for fiscal year 2013, the transfer
authority provided under this section shall have no force or effect.
</text>
</subsection>
<subsection id="HDFF380845DCC449FB2BA8B25D0BAA9E6">
<enum>
(d)
</enum>
<header>
Notice to
Congress
</header>
<text>
Not later than 15 days before any transfer under
subsection (a), the Secretary shall submit to the congressional defense
committees a report setting forth a description of the transfer, including the
amount of the transfer and the accounts from and to which the funds were
transferred.
</text>
</subsection>
<subsection id="H93059C4D7AD245F09A114264E20F344B">
<enum>
(e)
</enum>
<header>
Transfer subject
to notification requirements
</header>
<text>
In addition to the notice required
under subsection (d), a transfer under subsection (a) shall be subject to the
applicable notification requirements for reprogramming in division A of Public
Law 112–74.
</text>
</subsection>
</section>
<section id="H5A900A6C0C694747A0CA4CC288C94901">
<enum>
4.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act—
</text>
<paragraph id="HDF335BDB473840F48778848727C327BA">
<enum>
(1)
</enum>
<text>
the term
<term>
congressional defense committees
</term>
has the meaning given that term
in
<external-xref legal-doc="usc" parsable-cite="usc/10/101">
section 101(a)(16)
</external-xref>
of title 10, United States Code;
</text>
</paragraph>
<paragraph id="H26A2F2D4DE454CB59D667087DB7D31CD">
<enum>
(2)
</enum>
<text>
the term
<term>
Secretary
</term>
means the Secretary of Defense; and
</text>
</paragraph>
<paragraph id="H68368040276F4D41AF5227891400D5D9">
<enum>
(3)
</enum>
<text>
the term
<term>
security category
</term>
has the meaning given that term in section
250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985.
</text>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 810 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Ms. Hanabusa introduced the following bill; which was referred to the Committee on Appropriations , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To grant the Secretary of Defense the authority to transfer funding under a continuing resolution, and for other purposes.
1. Findings Congress finds the following: (1) On September 14, 2010, Secretary of Defense Robert M. Gates outlined an efficiencies initiative relating to contracting for goods and services by the Department of Defense, designed to save the Department $100 billion over the next five years. (2) On January 26, 2012, Secretary of Defense Leon Panetta announced that the Department of Defense was on the path to save $259 billion over the next 5 years and $487 billion over the next 10. Secretary Panetta called the budget a balanced, complete package that keeps the American military the preeminent force in the world. (3) On February 13, 2012, Assistant Secretary of Defense Ashton Carter, along with the Joint Chiefs of Staff, testified to the House Armed Services Committee that, if limitations on the transfer of funds were lifted in the Continuing Appropriations Resolution ( Public Law 112–175 ), significant shortfalls in the Operations & Maintenance accounts of their respective services could be alleviated. 2. Report from Secretary of Defense to Congress (a) In general Not later than 30 days after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the following: (1) A detailed outline of— (A) the efficiencies initiative announced by the Secretary on September 14, 2010, relating to contracting for goods and services by the Department of Defense; and (B) the budget initiate announced by the Secretary on January 26, 2012. (2) A detailed accounting of how the initiatives described in paragraph (1) are being used to conform with the discretionary spending limit for the security category in fiscal year 2013 in section 251(c)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. (3) A detailed accounting of how the initiatives described in paragraph (1) will be used to conform with the discretionary spending limit for the security category for each of fiscal years 2014 through 2021 in section 251(c)(2) of such Act. (b) Coordination For purposes of providing the information required under subsections (a)(2) and (a)(3), the Secretary shall coordinate with the heads of the other agencies covered by the security category. 3. Transfer authority for Department of Defense under a continuing resolution (a) In general The Secretary may transfer amounts made available to the Department of Defense by a continuing resolution among accounts of the Department of Defense (b) Limitation In the event of a transfer under subsection (a), the total amount in any account of the Department of Defense that is available for obligation in fiscal year 2013 may not exceed the amount authorized to be appropriated for the account for fiscal year 2013 by applicable provisions of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ). (c) Subsequent appropriations Act In the event that a regular appropriations Act for the Department of Defense is enacted for fiscal year 2013, the transfer authority provided under this section shall have no force or effect. (d) Notice to Congress Not later than 15 days before any transfer under subsection (a), the Secretary shall submit to the congressional defense committees a report setting forth a description of the transfer, including the amount of the transfer and the accounts from and to which the funds were transferred. (e) Transfer subject to notification requirements In addition to the notice required under subsection (d), a transfer under subsection (a) shall be subject to the applicable notification requirements for reprogramming in division A of Public Law 112–74. 4. Definitions In this Act— (1) the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code; (2) the term Secretary means the Secretary of Defense; and (3) the term security category has the meaning given that term in section 250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985. |
113-hr-811-ih-dtd | 113-hr-811 | 113 | hr | 811 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr811ih.xml | BILLS-113hr811ih.xml | 2023-01-08 17:37:47.594 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H5060A6DD473B48A29373915E57876014" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 811 IH: Never Forget 9/11 Heroes Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-25
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 811
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="K000210">
Mr. King of New York
</sponsor>
(for himself,
<cosponsor name-id="M000087">
Mrs. Carolyn B. Maloney of New
York
</cosponsor>
, and
<cosponsor name-id="N000002">
Mr. Nadler
</cosponsor>
)
introduced the following bill; which was referred to the
<committee-name committee-id="HBU00">
Committee on the
Budget
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To add the 9/11 Health and Compensation Programs to the
list of exempt programs under PAYGO.
</official-title>
</form>
<legis-body id="HB16F09818E4049DCA35EE7D59D92F566" style="OLC">
<section id="HE53279A09C2B4E3B96C97E6E5187C0C0" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Never Forget 9/11 Heroes
Act
</short-title>
</quote>
.
</text>
</section>
<section id="H89674912BBCE47958B5D674FB3EADEA7">
<enum>
2.
</enum>
<header>
Amendment to
exempt programs
</header>
<subsection id="HBC49DF1B58C64780879927EB7D645F21">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 255(g)(1)(B)
of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(B)) is amended by—
</text>
<paragraph id="HABA60BAD75464114A57DC86842C9D280">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
inserting after the item relating to
Retirement Pay and Medical Benefits for Commissioned Officers, Public Health
Service the following:
</text>
<quoted-block display-inline="no-display-inline" id="H09B8F52328E44FA8807ADA07E49BF203" style="OLC">
<subparagraph id="HF92083606D3148BEA56E54B126D6DCB6">
<enum/>
<text>
September
11th Victim Compensation Fund
(15–0340–0–1–754).
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H16ED8EEBFE1C4735A1ABDB15A4BEC2EE">
<enum>
(2)
</enum>
<text>
inserting after
the item relating to the Voluntary Separation Incentive Fund the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HFE97E4F5D77F4F8DB7AB96677ABFD2F8" style="OLC">
<subparagraph id="H95FD8BFA574249F192AEC1B7CBF5BEE2">
<enum/>
<text>
World Trade
Center Health Program Fund
(75–0946–0–1–551).
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H1341110F023B4F49A2ACCC14FD7AA1C3">
<enum>
(b)
</enum>
<header>
Fiscal year
2014
</header>
<text>
If the amendment made by subsection (a) takes effect after
the date the President has issued the final sequester order for fiscal year
2014, the President shall revise the order to account for the amendment and
issue a new order.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 811 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. King of New York (for himself, Mrs. Carolyn B. Maloney of New York , and Mr. Nadler ) introduced the following bill; which was referred to the Committee on the Budget A BILL To add the 9/11 Health and Compensation Programs to the list of exempt programs under PAYGO.
1. Short title This Act may be cited as the Never Forget 9/11 Heroes Act . 2. Amendment to exempt programs (a) In general Section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)) is amended by— (1) inserting after the item relating to Retirement Pay and Medical Benefits for Commissioned Officers, Public Health Service the following: September 11th Victim Compensation Fund (15–0340–0–1–754). ; and (2) inserting after the item relating to the Voluntary Separation Incentive Fund the following: World Trade Center Health Program Fund (75–0946–0–1–551). . (b) Fiscal year 2014 If the amendment made by subsection (a) takes effect after the date the President has issued the final sequester order for fiscal year 2014, the President shall revise the order to account for the amendment and issue a new order. |
113-hr-812-ih-dtd | 113-hr-812 | 113 | hr | 812 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr812ih.xml | BILLS-113hr812ih.xml | 2023-01-08 17:37:46.396 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HE002D339E1144B42A00B3BE2EC1CB2A5" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 812 IH: Campus Sexual Violence Elimination Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-25
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 812
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="M000087">
Mrs. Carolyn B. Maloney of New
York
</sponsor>
(for herself,
<cosponsor name-id="M001160">
Ms.
Moore
</cosponsor>
,
<cosponsor name-id="M001181">
Mr. Meehan
</cosponsor>
,
<cosponsor name-id="L000560">
Mr. Larsen of Washington
</cosponsor>
,
<cosponsor name-id="D000216">
Ms. DeLauro
</cosponsor>
,
<cosponsor name-id="M001143">
Ms. McCollum
</cosponsor>
,
<cosponsor name-id="H001063">
Ms. Hahn
</cosponsor>
,
<cosponsor name-id="C001078">
Mr. Connolly
</cosponsor>
,
<cosponsor name-id="C001049">
Mr.
Clay
</cosponsor>
,
<cosponsor name-id="H001032">
Mr. Holt
</cosponsor>
,
<cosponsor name-id="M000933">
Mr. Moran
</cosponsor>
,
<cosponsor name-id="G000551">
Mr. Grijalva
</cosponsor>
,
<cosponsor name-id="C000714">
Mr. Conyers
</cosponsor>
,
<cosponsor name-id="B001278">
Ms. Bonamici
</cosponsor>
,
<cosponsor name-id="W000797">
Ms. Wasserman Schultz
</cosponsor>
,
<cosponsor name-id="L000263">
Mr. Levin
</cosponsor>
,
<cosponsor name-id="L000565">
Mr. Loebsack
</cosponsor>
,
<cosponsor name-id="K000375">
Mr. Keating
</cosponsor>
,
<cosponsor name-id="S001162">
Ms. Schwartz
</cosponsor>
,
<cosponsor name-id="M001149">
Mr. Michaud
</cosponsor>
,
<cosponsor name-id="S001145">
Ms. Schakowsky
</cosponsor>
,
<cosponsor name-id="E000215">
Ms. Eshoo
</cosponsor>
,
<cosponsor name-id="S000344">
Mr. Sherman
</cosponsor>
,
<cosponsor name-id="V000128">
Mr. Van Hollen
</cosponsor>
,
<cosponsor name-id="N000147">
Ms. Norton
</cosponsor>
,
<cosponsor name-id="C001084">
Mr. Cicilline
</cosponsor>
,
<cosponsor name-id="C000754">
Mr. Cooper
</cosponsor>
,
<cosponsor name-id="T000468">
Ms. Titus
</cosponsor>
, and
<cosponsor name-id="M000312">
Mr. McGovern
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HED00">
Committee
on Education and the Workforce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Higher Education Act of 1965 to improve
education and prevention related to campus sexual violence, domestic violence,
dating violence, and stalking.
</official-title>
</form>
<legis-body id="HDFE931C89B344CF7B43F924CE0E0986D" style="OLC">
<section id="H8DEA9B22F71242E3A633B08AB61303AA" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Campus Sexual Violence Elimination
Act
</short-title>
</quote>
.
</text>
</section>
<section commented="no" display-inline="no-display-inline" id="HAC672B444C884CAA9A8DDB9923CE23A9" section-type="subsequent-section">
<enum>
2.
</enum>
<header display-inline="yes-display-inline">
Campus sexual violence, domestic violence,
dating violence, and stalking education and prevention
</header>
<subsection commented="no" display-inline="no-display-inline" id="H8292421A4EFB42648F0F87E04CC43EC9">
<enum>
(a)
</enum>
<header display-inline="yes-display-inline">
In general
</header>
<text display-inline="yes-display-inline">
Section 485(f) of the Higher Education Act
of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1092">
20 U.S.C. 1092(f)
</external-xref>
) is amended—
</text>
<paragraph commented="no" display-inline="no-display-inline" id="H806E1643FA404ABE92FEA1171D29CF96">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in paragraph (1)—
</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H94D6F3A7C4F543C29C977F6F4E034FBC">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (C)(iii), by striking the
period at the end and inserting
<quote>
, when the victim of such crime elects
or is unable to make such a report.
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HA019E219CAC24A1F94E80F8961314356">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in subparagraph (F)—
</text>
<clause commented="no" display-inline="no-display-inline" id="H7900A5D7AF3A4F9BB88B7144662FBB86">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
in clause (i)(VIII), by striking
<quote>
and
</quote>
after the semicolon;
</text>
</clause>
<clause commented="no" display-inline="no-display-inline" id="HD1A040274B3D45708B3DFEFA9FFAF9BB">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
in clause (ii)—
</text>
<subclause commented="no" display-inline="no-display-inline" id="HC2FFE382A3FB44F093BFF2F80E6AA997">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
sexual
orientation
</quote>
and inserting
<quote>
national origin, sexual orientation,
gender identity,
</quote>
; and
</text>
</subclause>
<subclause commented="no" display-inline="no-display-inline" id="HF91EFE22FEA04E65A98BDD2C4F417A28">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
by striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subclause>
</clause>
<clause commented="no" display-inline="no-display-inline" id="H9FFD174F16984AB08D4F1DA46772C538">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H48656F2921C4442BAB1459E0870FD1AC" style="OLC">
<clause commented="no" display-inline="no-display-inline" id="H9BCC105CDB83413486E363E4834CB0E4">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
of domestic violence, dating violence, and
stalking incidents that were reported to campus security authorities or local
police
agencies.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H3D0D09F5D3BC4409B6143D76A6EC867D">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in paragraph (3), by inserting
<quote>
,
that withholds the names of victims as confidential,
</quote>
after
<quote>
that
is timely
</quote>
;
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H4D75485E124D4B9A86F9ADD1AC41E7B3">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in paragraph (6)(A)—
</text>
<subparagraph commented="no" display-inline="no-display-inline" id="HEE1F117D6FCF446DB6AA154B8939DBB2">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by redesignating clauses (i), (ii), and
(iii) as clauses (ii), (iii), and (iv), respectively;
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H623EDFBA5B444AD287CCDB5359AB7BD9">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
by inserting before clause (ii), as
redesignated by subparagraph (A), the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2C8C62C0622D4B0F98746B44979C296A" style="OLC">
<clause commented="no" display-inline="no-display-inline" id="H055BFE47ED0146B4BA8B764E9BB66FCD" indent="up2">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
The terms
<term>
dating violence
</term>
,
<term>
domestic violence
</term>
, and
<term>
stalking
</term>
have the meaning
given such terms in section 40002(a) of the Violence Against Women Act of 1994
(
<external-xref legal-doc="usc" parsable-cite="usc/42/13925">
42 U.S.C. 13925(a)
</external-xref>
).
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H9F7BA18E06EA4EBAA10D197E80C22BAF">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
by inserting after clause (iv), as
redesignated by subparagraph (A), the following:
</text>
<quoted-block display-inline="no-display-inline" id="HFB818391618A4A9CAA0EF28F62283D19" style="OLC">
<clause commented="no" display-inline="no-display-inline" id="H4D930B353DC64973BFACD27A9E5CE92B" indent="up2">
<enum>
(v)
</enum>
<text display-inline="yes-display-inline">
The term
<term>
sexual assault
</term>
means
an offense classified as a forcible or nonforcible sex offense under the
uniform crime reporting system of the Federal Bureau of
Investigation.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H0380476DF80E4CF3B88C2ACF13B799FF">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
in paragraph (7)—
</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H61AA25EB035D497CABD174ED1179FA75">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
paragraph (1)(F)
</quote>
and inserting
<quote>
clauses (i) and (ii) of paragraph (1)(F)
</quote>
;
and
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HC94C04F20B424CFFA2C6F3E670277B1C">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
by inserting after
<quote>
Hate Crime
Statistics Act.
</quote>
the following:
<quote>
For the offenses of domestic
violence, dating violence, and stalking, such statistics shall be compiled in
accordance with the definitions used in section 40002(a) of the Violence
Against Women Act of 1994 (
<external-xref legal-doc="usc" parsable-cite="usc/42/13925">
42 U.S.C. 13925(a)
</external-xref>
).
</quote>
;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HBB1BE01DFD954A7EB6BAA6176BE0187E">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
by striking paragraph (8) and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H77EF0470AA0142E2969E807B36E26004" style="OLC">
<paragraph commented="no" display-inline="no-display-inline" id="H756F62DA52DB4784A2D76D7A8D7C68F1" indent="up1">
<enum>
(8)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H48CFB4C9571C4FC4B6B315F21F54F667">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
Each institution of higher education
participating in any program under this title, other than a foreign institution
of higher education, shall develop and distribute as part of the report
described in paragraph (1) a statement of policy regarding—
</text>
<clause commented="no" display-inline="no-display-inline" id="H069C736A93524BD6B56876E6664074B8" indent="up1">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
such institution’s programs to prevent
domestic violence, dating violence, sexual assault, and stalking; and
</text>
</clause>
<clause commented="no" display-inline="no-display-inline" id="H1BF2A485D46A4A2A95878B95FC8F906D" indent="up1">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
the procedures that such institution will
follow once an incident of domestic violence, dating violence, sexual assault,
or stalking has been reported, including a statement of the standard of
evidence that will be used during any institutional conduct proceeding arising
from such a report.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H17AEC6B0B3394DC783A66C3FE81D8861" indent="up1">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
The policy described in
<internal-xref idref="HDFE931C89B344CF7B43F924CE0E0986D" legis-path="(8)(A)">
subparagraph (A)
</internal-xref>
shall address the
following areas:
</text>
<clause commented="no" display-inline="no-display-inline" id="HAA73BBC5B4CA4334AA7BD7E8B4C50643">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
Education programs to promote the awareness
of rape, acquaintance rape, domestic violence, dating violence, sexual assault,
and stalking, which shall include—
</text>
<subclause commented="no" display-inline="no-display-inline" id="H5B467FDB2FAC43C992B78E440B83351E">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
primary prevention and awareness programs
for all incoming students and new employees, which shall include—
</text>
<item commented="no" display-inline="no-display-inline" id="H5D08E1CB892446B8A7A08DCF9AA9D233">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
a statement that the institution of higher
education prohibits the offenses of domestic violence, dating violence, sexual
assault, and stalking;
</text>
</item>
<item commented="no" display-inline="no-display-inline" id="H64F564A3A13945B8A42850BCB55FEF06">
<enum>
(bb)
</enum>
<text display-inline="yes-display-inline">
the definition of domestic violence, dating
violence, sexual assault, and stalking in the applicable jurisdiction;
</text>
</item>
<item commented="no" display-inline="no-display-inline" id="HD546ACC86C024158B035F5051519CCB2">
<enum>
(cc)
</enum>
<text display-inline="yes-display-inline">
the definition of consent, in reference to
sexual activity, in the applicable jurisdiction;
</text>
</item>
<item commented="no" display-inline="no-display-inline" id="H56A8C11227E84B189BAAE6A8EE878E30">
<enum>
(dd)
</enum>
<text display-inline="yes-display-inline">
safe and positive options for bystander
intervention that may be carried out by an individual to prevent harm or
intervene when there is a risk of domestic violence, dating violence, sexual
assault, or stalking against a person other than such individual;
</text>
</item>
<item commented="no" display-inline="no-display-inline" id="H32F61884242347C39B46ECEE31A81C85">
<enum>
(ee)
</enum>
<text display-inline="yes-display-inline">
information on risk reduction to recognize
warning signs of abusive behavior and how to avoid potential attacks;
and
</text>
</item>
<item commented="no" display-inline="no-display-inline" id="H77E168ABAF464FFC82E236B06AABF5DD">
<enum>
(ff)
</enum>
<text display-inline="yes-display-inline">
the information described in clauses (ii)
through (vii); and
</text>
</item>
</subclause>
<subclause commented="no" display-inline="no-display-inline" id="HB3A2D0B858EA49BDB7C058322D4B75D6">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
ongoing prevention and awareness campaigns
for students and faculty, including information described in items (aa) through
(ff) of
<internal-xref idref="HDFE931C89B344CF7B43F924CE0E0986D" legis-path="(8)(B)(i)(I)">
subclause (I)
</internal-xref>
.
</text>
</subclause>
</clause>
<clause commented="no" display-inline="no-display-inline" id="HAE0E297F5BB3472BA1D6F2A8C1B72A82">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
Possible sanctions or protective measures
that such institution may impose following a final determination of an
institutional disciplinary procedure regarding rape, acquaintance rape,
domestic violence, dating violence, sexual assault, or stalking.
</text>
</clause>
<clause commented="no" display-inline="no-display-inline" id="HD03DEE4EC97448248B123BA84F4D2EAF">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
Procedures victims should follow if a sex
offense, domestic violence, dating violence, sexual assault, or stalking has
occurred, including information in writing about—
</text>
<subclause commented="no" display-inline="no-display-inline" id="HF4E290ECE13F4D2A84F9AB4AE2E4D95D">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
the importance of preserving evidence as
may be necessary to the proof of criminal domestic violence, dating violence,
sexual assault, or stalking, or in obtaining a protection order;
</text>
</subclause>
<subclause commented="no" display-inline="no-display-inline" id="H07F741EA80D44347812C157E03F99070">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
to whom the alleged offense should be
reported;
</text>
</subclause>
<subclause commented="no" display-inline="no-display-inline" id="H813558BB96EF4DEF997CF45FD8473B9E">
<enum>
(III)
</enum>
<text display-inline="yes-display-inline">
options regarding law enforcement and
campus authorities, including notification of the victim's option to—
</text>
<item commented="no" display-inline="no-display-inline" id="HB88BD0CEFB3B479BBC490442592298B9">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
notify proper law enforcement authorities,
including on-campus and local police;
</text>
</item>
<item commented="no" display-inline="no-display-inline" id="HEED237276E3F41E5B8590E8074FF66D1">
<enum>
(bb)
</enum>
<text display-inline="yes-display-inline">
be assisted by campus authorities in
notifying law enforcement authorities if the victim so chooses; and
</text>
</item>
<item commented="no" display-inline="no-display-inline" id="H595AB2F395C74661AFA536B828F30129">
<enum>
(cc)
</enum>
<text display-inline="yes-display-inline">
decline to notify such authorities;
and
</text>
</item>
</subclause>
<subclause commented="no" display-inline="no-display-inline" id="H10C49737BEF2474FAB14ACB5694097EE">
<enum>
(IV)
</enum>
<text display-inline="yes-display-inline">
where applicable, the rights of victims and
the institution's responsibilities regarding orders of protection, no contact
orders, restraining orders, or similar lawful orders issued by a criminal,
civil, or tribal court.
</text>
</subclause>
</clause>
<clause commented="no" display-inline="no-display-inline" id="HECDC47F87CBA4638B9B61640872C033F">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
Procedures for institutional disciplinary
action in cases of alleged domestic violence, dating violence, sexual assault,
or stalking, which shall include a clear statement that—
</text>
<subclause commented="no" display-inline="no-display-inline" id="HA98D4B29ACE54AF09061C042F8EC6332">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
such proceedings shall—
</text>
<item commented="no" display-inline="no-display-inline" id="H9079B755EE7A478D874CA4B672B19FB0">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
provide a prompt, fair, and impartial
investigation and resolution;
</text>
</item>
<item commented="no" display-inline="no-display-inline" id="HE12DF5D56A5F46A792B19FF0668635AE">
<enum>
(bb)
</enum>
<text display-inline="yes-display-inline">
be conducted by officials who receive
annual training on the issues related to domestic violence, dating violence,
sexual assault, and stalking and how to conduct an investigation and hearing
process that protects the safety of victims and promotes accountability;
and
</text>
</item>
<item commented="no" display-inline="no-display-inline" id="H9FCA98A5BDDB43ECB9BF8F0B934E7B3C">
<enum>
(cc)
</enum>
<text>
use the preponderance of the evidence
standard;
</text>
</item>
</subclause>
<subclause commented="no" display-inline="no-display-inline" id="HA301A183FA8F477080467D9CD6ABC507">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
the accuser and the accused are entitled to
the same opportunities to have others present during an institutional
disciplinary proceeding, including the opportunity to be accompanied to any
related meeting or proceeding by an advisor of their choice; and
</text>
</subclause>
<subclause commented="no" display-inline="no-display-inline" id="H869ED27AE450462E8756CFB6502F860C">
<enum>
(III)
</enum>
<text display-inline="yes-display-inline">
both the accuser and the accused shall be
simultaneously informed, in writing, of—
</text>
<item commented="no" display-inline="no-display-inline" id="H71F4D10FB0C542AE880B0564C5AFAC15">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
the outcome of any institutional
disciplinary proceeding that arises from an allegation of domestic violence,
dating violence, sexual assault, or stalking;
</text>
</item>
<item commented="no" display-inline="no-display-inline" id="HC68B46D817D24CC0B867DD67A547948E">
<enum>
(bb)
</enum>
<text display-inline="yes-display-inline">
the institution's procedures for the
accused and the victim to appeal the results of the institutional disciplinary
proceeding;
</text>
</item>
<item commented="no" display-inline="no-display-inline" id="H8239D5E0F6D3475DA0C543B3F76D9902">
<enum>
(cc)
</enum>
<text display-inline="yes-display-inline">
any change to the results that occurs prior
to the time that such results become final; and
</text>
</item>
<item commented="no" display-inline="no-display-inline" id="H1DFE01334DA14482AC0DE46177331729">
<enum>
(dd)
</enum>
<text display-inline="yes-display-inline">
when such results become final.
</text>
</item>
</subclause>
</clause>
<clause commented="no" display-inline="no-display-inline" id="H04185EFA057741408B8A191B47F96B3B">
<enum>
(v)
</enum>
<text display-inline="yes-display-inline">
Information about how the institution will
protect the confidentiality of victims, including how publicly-available
recordkeeping will be accomplished without the inclusion of identifying
information about the victim, to the extent permissible by law.
</text>
</clause>
<clause commented="no" display-inline="no-display-inline" id="H8CDA80DB934D433280FA50672487668B">
<enum>
(vi)
</enum>
<text display-inline="yes-display-inline">
Written notification of students and
employees about existing counseling, health, mental health, victim advocacy,
legal assistance, and other services available for victims both on-campus and
in the community.
</text>
</clause>
<clause commented="no" display-inline="no-display-inline" id="HD07CA03B22C54C118447D4C53AFF4B23">
<enum>
(vii)
</enum>
<text display-inline="yes-display-inline">
Written notification of victims about
options for, and available assistance in, changing academic, living,
transportation, and working situations, if so requested by the victim and if
such accommodations are reasonably available, regardless of whether the victim
chooses to report the crime to campus police or local law enforcement.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HC595505305F14EC7B653CBE33435A4CD" indent="up1">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
A
student or employee who reports to an institution of higher education that the
student or employee has been a victim of domestic violence, dating violence,
sexual assault, or stalking, whether the offense occurred on or off campus,
shall be provided with a written explanation of the student or employee's
rights and options, as described in clauses (ii) through (vii) of subparagraph
(B).
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HA90ABA3721CB4E0BBC08177DB21F79E6">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
in paragraph (9), by striking
<quote>
The
Secretary
</quote>
and inserting
<quote>
The Secretary, in consultation with the
Attorney General of the United States,
</quote>
;
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H147BB38DC17A4821810415FB2DD19519">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
by striking paragraph (16) and inserting
the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4A01C4FDB680414892610D752D260925" style="OLC">
<paragraph commented="no" display-inline="no-display-inline" id="H852BDE46B69E4F498FC810AD6C34C2F2" indent="up1">
<enum>
(16)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H2B4500A0AB05483ABD5E91DFE5A87686">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
The Secretary shall seek the advice and
counsel of the Attorney General of the United States concerning the
development, and dissemination to institutions of higher education, of best
practices information about campus safety and emergencies.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HC54FB2E7D0994611898F8E57FC62FDC6" indent="up1">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
The Secretary shall seek the advice and
counsel of the Attorney General of the United States and the Secretary of
Health and Human Services concerning the development, and dissemination to
institutions of higher education, of best practices information about
preventing and responding to incidents of domestic violence, dating violence,
sexual assault, and stalking, including elements of institutional policies that
have proven successful based on evidence-based outcome
measurements.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H3E026AE2888E4A9C9E404C428698274C">
<enum>
(8)
</enum>
<text display-inline="yes-display-inline">
by striking paragraph (17) and inserting
the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4270DE337E9E4B0A8560C9EAD9B64E06" style="OLC">
<paragraph commented="no" display-inline="no-display-inline" id="H266F1A1D85BE4BEEA9FD59D3C06CCF15" indent="up1">
<enum>
(17)
</enum>
<text display-inline="yes-display-inline">
No officer, employee, or agent of an
institution participating in any program under this title shall retaliate,
intimidate, threaten, coerce, or otherwise discriminate against any individual
for exercising their rights or responsibilities under any provision of this
subsection.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="H76599D0C408E45EAA3B061856F27FF4A">
<enum>
(b)
</enum>
<header display-inline="yes-display-inline">
Effective
date
</header>
<text display-inline="yes-display-inline">
The amendments made by
this section shall take effect with respect to the annual security report under
section 485(f)(1) of the Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1092">
20 U.S.C. 1092(f)(1)
</external-xref>
)
prepared by an institution of higher education 1 calendar year after the date
of enactment of this Act, and each subsequent calendar year.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 812 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Ms. Moore , Mr. Meehan , Mr. Larsen of Washington , Ms. DeLauro , Ms. McCollum , Ms. Hahn , Mr. Connolly , Mr. Clay , Mr. Holt , Mr. Moran , Mr. Grijalva , Mr. Conyers , Ms. Bonamici , Ms. Wasserman Schultz , Mr. Levin , Mr. Loebsack , Mr. Keating , Ms. Schwartz , Mr. Michaud , Ms. Schakowsky , Ms. Eshoo , Mr. Sherman , Mr. Van Hollen , Ms. Norton , Mr. Cicilline , Mr. Cooper , Ms. Titus , and Mr. McGovern ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to improve education and prevention related to campus sexual violence, domestic violence, dating violence, and stalking.
1. Short title This Act may be cited as the Campus Sexual Violence Elimination Act . 2. Campus sexual violence, domestic violence, dating violence, and stalking education and prevention (a) In general Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is amended— (1) in paragraph (1)— (A) in subparagraph (C)(iii), by striking the period at the end and inserting , when the victim of such crime elects or is unable to make such a report. ; and (B) in subparagraph (F)— (i) in clause (i)(VIII), by striking and after the semicolon; (ii) in clause (ii)— (I) by striking sexual orientation and inserting national origin, sexual orientation, gender identity, ; and (II) by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iii) of domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies. ; (2) in paragraph (3), by inserting , that withholds the names of victims as confidential, after that is timely ; (3) in paragraph (6)(A)— (A) by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively; (B) by inserting before clause (ii), as redesignated by subparagraph (A), the following: (i) The terms dating violence , domestic violence , and stalking have the meaning given such terms in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ). ; and (C) by inserting after clause (iv), as redesignated by subparagraph (A), the following: (v) The term sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. ; (4) in paragraph (7)— (A) by striking paragraph (1)(F) and inserting clauses (i) and (ii) of paragraph (1)(F) ; and (B) by inserting after Hate Crime Statistics Act. the following: For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ). ; (5) by striking paragraph (8) and inserting the following: (8) (A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding— (i) such institution’s programs to prevent domestic violence, dating violence, sexual assault, and stalking; and (ii) the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported, including a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from such a report. (B) The policy described in subparagraph (A) shall address the following areas: (i) Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include— (I) primary prevention and awareness programs for all incoming students and new employees, which shall include— (aa) a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking; (bb) the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction; (cc) the definition of consent, in reference to sexual activity, in the applicable jurisdiction; (dd) safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual; (ee) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and (ff) the information described in clauses (ii) through (vii); and (II) ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I) . (ii) Possible sanctions or protective measures that such institution may impose following a final determination of an institutional disciplinary procedure regarding rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking. (iii) Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about— (I) the importance of preserving evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order; (II) to whom the alleged offense should be reported; (III) options regarding law enforcement and campus authorities, including notification of the victim's option to— (aa) notify proper law enforcement authorities, including on-campus and local police; (bb) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and (cc) decline to notify such authorities; and (IV) where applicable, the rights of victims and the institution's responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court. (iv) Procedures for institutional disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, which shall include a clear statement that— (I) such proceedings shall— (aa) provide a prompt, fair, and impartial investigation and resolution; (bb) be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability; and (cc) use the preponderance of the evidence standard; (II) the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and (III) both the accuser and the accused shall be simultaneously informed, in writing, of— (aa) the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking; (bb) the institution's procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding; (cc) any change to the results that occurs prior to the time that such results become final; and (dd) when such results become final. (v) Information about how the institution will protect the confidentiality of victims, including how publicly-available recordkeeping will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law. (vi) Written notification of students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community. (vii) Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement. (C) A student or employee who reports to an institution of higher education that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off campus, shall be provided with a written explanation of the student or employee's rights and options, as described in clauses (ii) through (vii) of subparagraph (B). ; (6) in paragraph (9), by striking The Secretary and inserting The Secretary, in consultation with the Attorney General of the United States, ; (7) by striking paragraph (16) and inserting the following: (16) (A) The Secretary shall seek the advice and counsel of the Attorney General of the United States concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies. (B) The Secretary shall seek the advice and counsel of the Attorney General of the United States and the Secretary of Health and Human Services concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence-based outcome measurements. ; and (8) by striking paragraph (17) and inserting the following: (17) No officer, employee, or agent of an institution participating in any program under this title shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection. . (b) Effective date The amendments made by this section shall take effect with respect to the annual security report under section 485(f)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(1) ) prepared by an institution of higher education 1 calendar year after the date of enactment of this Act, and each subsequent calendar year. |
113-hr-813-ih-dtd | 113-hr-813 | 113 | hr | 813 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr813ih.xml | BILLS-113hr813ih.xml | 2023-01-08 17:37:46.180 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HDF525D4618A24B34BF69896295E18621" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 813 IH: Putting Veterans Funding First Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-25
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 813
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="M001144">
Mr. Miller of Florida
</sponsor>
(for himself and
<cosponsor name-id="M001149">
Mr. Michaud
</cosponsor>
)
introduced the following bill; which was referred to the
<committee-name committee-id="HVR00">
Committee on Veterans’
Affairs
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title 38, United States Code, to provide for
advance appropriations for certain discretionary accounts of the Department of
Veterans Affairs.
</official-title>
</form>
<legis-body id="H1B465719626E490E9D41C64FC5E69D06" style="OLC">
<section id="H08B574EE46BF47B8B4A49D1F9A131638" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
Putting
Veterans Funding First Act of 2013
</quote>
.
</text>
</section>
<section id="HA212B0AFF4C743D79CA611CDF176092A">
<enum>
2.
</enum>
<header>
Advance
appropriations for certain discretionary accounts of the Department of Veterans
Affairs
</header>
<subsection id="H0EDF39580E7941D683B266FB2707DABB">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 117 of title
38, United States Code, is amended—
</text>
<paragraph id="HE61FB67D27B4499BA551FF3B553BB598">
<enum>
(1)
</enum>
<text>
by striking
<quote>
medical care accounts of the Department
</quote>
each place it appears
and inserting
<quote>
discretionary accounts of the Department
</quote>
;
</text>
</paragraph>
<paragraph id="HA1E394BF991F453EB904564FF914ABD1">
<enum>
(2)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="HCA6203CAAEF24027A6EDDB20C79A3272">
<enum>
(A)
</enum>
<text>
by striking
<quote>
medical care accounts of the Veterans Health Administration, Department
of Veterans Affairs account
</quote>
and inserting
<quote>
accounts of the
Department of Veterans Affairs account
</quote>
;
</text>
</subparagraph>
<subparagraph id="HE400304CA18944EE9DA6C76D37C73628">
<enum>
(B)
</enum>
<text>
in paragraph (1),
by inserting
<quote>
Veterans Health Administration,
</quote>
after
<quote>
(1)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H95B1632D21D84F0282071E10DD5306EE">
<enum>
(C)
</enum>
<text>
in paragraph (2),
by inserting
<quote>
Veterans Health Administration,
</quote>
after
<quote>
(2)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H8B253E76D2B94B2CA8144CDFAF65AA65">
<enum>
(D)
</enum>
<text>
in paragraph (3),
by inserting
<quote>
Veterans Health Administration,
</quote>
after
<quote>
(3)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H65AF000B95E94696BD40AD07591DF918">
<enum>
(E)
</enum>
<text>
by adding at the
end the following new paragraphs:
</text>
<quoted-block display-inline="no-display-inline" id="H981768443BFB4BBD9EA701BEBBEAD2D7" style="USC">
<paragraph id="H6414307204DD421993233430A4A4E3F4">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
Veterans Health Administration, Medical
Research and Support.
</text>
</paragraph>
<paragraph id="HE98C6ADC652D42F18BB298E905731D49">
<enum>
(5)
</enum>
<text>
National Cemetery
Administration.
</text>
</paragraph>
<paragraph id="H5B4F9B22309446FDB1776EECFAAF2551">
<enum>
(6)
</enum>
<text>
Veterans Benefits
Administration, Native American Veteran Housing Loan Program Account.
</text>
</paragraph>
<paragraph id="HF0329D28504E45E1A9949FA32551139C">
<enum>
(7)
</enum>
<text>
Departmental
Administration, General Administration, General Operating Expenses.
</text>
</paragraph>
<paragraph id="H9B2C2FB4A1EA462EAFDDC7B5FA4C100A">
<enum>
(8)
</enum>
<text>
Departmental
Administration, General Operating Expenses, Veterans Benefits
Administration.
</text>
</paragraph>
<paragraph id="H3B0B2FDC6F1142D2B84DD08DDA86E353">
<enum>
(9)
</enum>
<text>
Departmental
Administration, Information Technology Systems.
</text>
</paragraph>
<paragraph id="H2AB2B949505B4918816B848F28C38DC1">
<enum>
(10)
</enum>
<text>
Departmental
Administration, Office of the Inspector General.
</text>
</paragraph>
<paragraph id="H21DBCD02B17542058E14E23A855E302D">
<enum>
(11)
</enum>
<text>
Departmental
Administration, Construction, Major Projects.
</text>
</paragraph>
<paragraph id="H0F6DA885804A4F8A9A6AF16B238EA236">
<enum>
(12)
</enum>
<text>
Departmental
Administration, Construction, Minor Projects.
</text>
</paragraph>
<paragraph id="HA0E3F4AB60704ABD9D4BA1CE4DC97A5F">
<enum>
(13)
</enum>
<text>
Departmental
Administration, Grants for Construction of State Extended Care
Facilities.
</text>
</paragraph>
<paragraph id="H293F762098574496B6783C87F773FF09">
<enum>
(14)
</enum>
<text>
Departmental
Administration, Grants for Construction of Veterans
Cemeteries.
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HED9A158589424FAFAA6FAC0DB4238105">
<enum>
(F)
</enum>
<text>
in the subsection
heading, by striking
<quote>
<header-in-text level="subsection" style="USC">
Medical care accounts
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="USC">
Discretionary
accounts
</header-in-text>
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H3B49BE1E52DC42B3B9A52C1B83BB5382">
<enum>
(3)
</enum>
<text>
in the section
heading, by striking
<quote>
<header-in-text level="section" style="USC">
certain
medical care accounts
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="USC">
certain discretionary
accounts
</header-in-text>
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HA85CD8B8D60B4AB388B5E8199AE671C8">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by subsection (a) shall apply with
respect to fiscal year 2016 and each subsequent fiscal year.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 813 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Miller of Florida (for himself and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide for advance appropriations for certain discretionary accounts of the Department of Veterans Affairs.
1. Short title This Act may be cited as the Putting Veterans Funding First Act of 2013 . 2. Advance appropriations for certain discretionary accounts of the Department of Veterans Affairs (a) In general Section 117 of title 38, United States Code, is amended— (1) by striking medical care accounts of the Department each place it appears and inserting discretionary accounts of the Department ; (2) in subsection (c)— (A) by striking medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account and inserting accounts of the Department of Veterans Affairs account ; (B) in paragraph (1), by inserting Veterans Health Administration, after (1) ; (C) in paragraph (2), by inserting Veterans Health Administration, after (2) ; (D) in paragraph (3), by inserting Veterans Health Administration, after (3) ; (E) by adding at the end the following new paragraphs: (4) Veterans Health Administration, Medical Research and Support. (5) National Cemetery Administration. (6) Veterans Benefits Administration, Native American Veteran Housing Loan Program Account. (7) Departmental Administration, General Administration, General Operating Expenses. (8) Departmental Administration, General Operating Expenses, Veterans Benefits Administration. (9) Departmental Administration, Information Technology Systems. (10) Departmental Administration, Office of the Inspector General. (11) Departmental Administration, Construction, Major Projects. (12) Departmental Administration, Construction, Minor Projects. (13) Departmental Administration, Grants for Construction of State Extended Care Facilities. (14) Departmental Administration, Grants for Construction of Veterans Cemeteries. ; and (F) in the subsection heading, by striking Medical care accounts and inserting Discretionary accounts ; and (3) in the section heading, by striking certain medical care accounts and inserting certain discretionary accounts . (b) Effective date The amendments made by subsection (a) shall apply with respect to fiscal year 2016 and each subsequent fiscal year. |
113-hr-813-rh-dtd | 113-hr-813 | 113 | hr | 813 | rh | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr813rh.xml | BILLS-113hr813rh.xml | 2023-01-07 08:24:01.805 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Reported-in-House" bill-type="olc" dms-id="HDF525D4618A24B34BF69896295E18621" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
111 HR 813 RH: Putting Veterans Funding First Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-09-17
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
IB
</distribution-code>
<calendar display="yes">
Union Calendar No. 156
</calendar>
<congress display="yes">
113th CONGRESS
</congress>
<session display="yes">
1st Session
</session>
<legis-num>
H. R. 813
</legis-num>
<associated-doc display="yes" role="report">
[Report No. 113–212]
</associated-doc>
<current-chamber display="yes">
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="M001144">
Mr. Miller of Florida
</sponsor>
(for himself and
<cosponsor name-id="M001149">
Mr. Michaud
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name added-display-style="italic" committee-id="HVR00" deleted-display-style="strikethrough">
Committee on Veterans’ Affairs
</committee-name>
</action-desc>
</action>
<action>
<action-date date="20130917">
September 17, 2013
</action-date>
<action-desc>
Additional sponsors:
<cosponsor name-id="R000591">
Mrs. Roby
</cosponsor>
,
<cosponsor name-id="B001285">
Ms. Brownley of California
</cosponsor>
,
<cosponsor name-id="G000410">
Mr. Gene Green of Texas
</cosponsor>
,
<cosponsor name-id="L000564">
Mr. Lamborn
</cosponsor>
,
<cosponsor name-id="O000170">
Mr. O'Rourke
</cosponsor>
,
<cosponsor name-id="L000562">
Mr. Lynch
</cosponsor>
,
<cosponsor name-id="K000368">
Mrs. Kirkpatrick
</cosponsor>
,
<cosponsor name-id="C001072">
Mr. Carson of Indiana
</cosponsor>
,
<cosponsor name-id="C001078">
Mr. Connolly
</cosponsor>
,
<cosponsor name-id="H001032">
Mr. Holt
</cosponsor>
,
<cosponsor name-id="L000580">
Ms. Michelle Lujan Grisham of New Mexico
</cosponsor>
,
<cosponsor name-id="J000292">
Mr. Johnson of Ohio
</cosponsor>
,
<cosponsor name-id="J000255">
Mr. Jones
</cosponsor>
,
<cosponsor name-id="L000565">
Mr. Loebsack
</cosponsor>
,
<cosponsor name-id="A000369">
Mr. Amodei
</cosponsor>
,
<cosponsor name-id="W000804">
Mr. Wittman
</cosponsor>
,
<cosponsor name-id="S001191">
Ms. Sinema
</cosponsor>
,
<cosponsor name-id="S001187">
Mr. Stivers
</cosponsor>
,
<cosponsor name-id="S001145">
Ms. Schakowsky
</cosponsor>
,
<cosponsor name-id="V000131">
Mr. Veasey
</cosponsor>
, and
<cosponsor name-id="L000111">
Mr. Latham
</cosponsor>
</action-desc>
</action>
<action>
<action-date date="20130917">
September 17, 2013
</action-date>
<action-desc>
Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
</action-desc>
<action-instruction>
Strike out all after the enacting clause and insert the part printed in italic
</action-instruction>
</action>
<action display="yes">
<action-desc display="yes">
<pagebreak/>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title display="yes">
To amend title 38, United States Code, to provide for advance appropriations for certain discretionary accounts of the Department of Veterans Affairs.
<pagebreak/>
</official-title>
</form>
<legis-body changed="deleted" committee-id="HVR00" id="H1B465719626E490E9D41C64FC5E69D06" reported-display-style="strikethrough" style="OLC">
<section id="H08B574EE46BF47B8B4A49D1F9A131638" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Putting Veterans Funding First Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HA212B0AFF4C743D79CA611CDF176092A">
<enum>
2.
</enum>
<header>
Advance appropriations for certain discretionary accounts of the Department of Veterans Affairs
</header>
<subsection id="H0EDF39580E7941D683B266FB2707DABB">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
<external-xref legal-doc="usc" parsable-cite="usc/38/117">
Section 117
</external-xref>
of title 38, United States Code, is amended—
</text>
<paragraph id="HE61FB67D27B4499BA551FF3B553BB598">
<enum>
(1)
</enum>
<text>
by striking
<quote>
medical care accounts of the Department
</quote>
each place it appears and inserting
<quote>
discretionary accounts of the Department
</quote>
;
</text>
</paragraph>
<paragraph id="HA1E394BF991F453EB904564FF914ABD1">
<enum>
(2)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="HCA6203CAAEF24027A6EDDB20C79A3272">
<enum>
(A)
</enum>
<text>
by striking
<quote>
medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account
</quote>
and inserting
<quote>
accounts of the Department of Veterans Affairs account
</quote>
;
</text>
</subparagraph>
<subparagraph id="HE400304CA18944EE9DA6C76D37C73628">
<enum>
(B)
</enum>
<text>
in paragraph (1), by inserting
<quote>
Veterans Health Administration,
</quote>
after
<quote>
(1)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H95B1632D21D84F0282071E10DD5306EE">
<enum>
(C)
</enum>
<text>
in paragraph (2), by inserting
<quote>
Veterans Health Administration,
</quote>
after
<quote>
(2)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H8B253E76D2B94B2CA8144CDFAF65AA65">
<enum>
(D)
</enum>
<text>
in paragraph (3), by inserting
<quote>
Veterans Health Administration,
</quote>
after
<quote>
(3)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H65AF000B95E94696BD40AD07591DF918">
<enum>
(E)
</enum>
<text>
by adding at the end the following new paragraphs:
</text>
<quoted-block changed="deleted" committee-id="HVR00" display-inline="no-display-inline" id="H981768443BFB4BBD9EA701BEBBEAD2D7" reported-display-style="strikethrough" style="USC">
<paragraph id="H6414307204DD421993233430A4A4E3F4">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
Veterans Health Administration, Medical Research and Support.
</text>
</paragraph>
<paragraph id="HE98C6ADC652D42F18BB298E905731D49">
<enum>
(5)
</enum>
<text>
National Cemetery Administration.
</text>
</paragraph>
<paragraph id="H5B4F9B22309446FDB1776EECFAAF2551">
<enum>
(6)
</enum>
<text>
Veterans Benefits Administration, Native American Veteran Housing Loan Program Account.
</text>
</paragraph>
<paragraph id="HF0329D28504E45E1A9949FA32551139C">
<enum>
(7)
</enum>
<text>
Departmental Administration, General Administration, General Operating Expenses.
</text>
</paragraph>
<paragraph id="H9B2C2FB4A1EA462EAFDDC7B5FA4C100A">
<enum>
(8)
</enum>
<text>
Departmental Administration, General Operating Expenses, Veterans Benefits Administration.
</text>
</paragraph>
<paragraph id="H3B0B2FDC6F1142D2B84DD08DDA86E353">
<enum>
(9)
</enum>
<text>
Departmental Administration, Information Technology Systems.
</text>
</paragraph>
<paragraph id="H2AB2B949505B4918816B848F28C38DC1">
<enum>
(10)
</enum>
<text>
Departmental Administration, Office of the Inspector General.
</text>
</paragraph>
<paragraph id="H21DBCD02B17542058E14E23A855E302D">
<enum>
(11)
</enum>
<text>
Departmental Administration, Construction, Major Projects.
</text>
</paragraph>
<paragraph id="H0F6DA885804A4F8A9A6AF16B238EA236">
<enum>
(12)
</enum>
<text>
Departmental Administration, Construction, Minor Projects.
</text>
</paragraph>
<paragraph id="HA0E3F4AB60704ABD9D4BA1CE4DC97A5F">
<enum>
(13)
</enum>
<text>
Departmental Administration, Grants for Construction of State Extended Care Facilities.
</text>
</paragraph>
<paragraph id="H293F762098574496B6783C87F773FF09">
<enum>
(14)
</enum>
<text>
Departmental Administration, Grants for Construction of Veterans Cemeteries.
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HED9A158589424FAFAA6FAC0DB4238105">
<enum>
(F)
</enum>
<text>
in the subsection heading, by striking
<quote>
<header-in-text level="subsection" style="USC">
Medical care accounts
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="USC">
Discretionary accounts
</header-in-text>
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H3B49BE1E52DC42B3B9A52C1B83BB5382">
<enum>
(3)
</enum>
<text>
in the section heading, by striking
<quote>
<header-in-text level="section" style="USC">
certain medical care accounts
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="USC">
certain discretionary accounts
</header-in-text>
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HA85CD8B8D60B4AB388B5E8199AE671C8">
<enum>
(b)
</enum>
<header>
Effective date
</header>
<text>
The amendments made by subsection (a) shall apply with respect to fiscal year 2016 and each subsequent fiscal year.
</text>
</subsection>
</section>
</legis-body>
<legis-body changed="added" committee-id="HVR00" display-enacting-clause="no-display-enacting-clause" id="HADF2EE5E209243CA83549579D37F29A1" reported-display-style="italic" style="OLC">
<section id="HBE723FD9DA8B43D4BB8738BEC4B6C7BA" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Putting Veterans Funding First Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section display-inline="no-display-inline" id="HB2B652A5A7344A4FA6DF3BCEFB0A2099">
<enum>
2.
</enum>
<header>
Scoring of budgetary effects
</header>
<text display-inline="no-display-inline">
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled
<quote>
Budgetary Effects of PAYGO Legislation
</quote>
for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
</text>
</section>
<section id="HBC5EE3D4450041CBBCDCC05D80448E70">
<enum>
3.
</enum>
<header>
Advance appropriations for certain discretionary accounts of the Department of Veterans Affairs
</header>
<subsection id="H68D8CB60823545E3B04543FE40A5F8CC">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
<external-xref legal-doc="usc" parsable-cite="usc/38/117">
Section 117
</external-xref>
of title 38, United States Code, is amended—
</text>
<paragraph id="HB1223BE833EC421388C65D9F080FA9FB">
<enum>
(1)
</enum>
<text>
by striking
<quote>
medical care accounts of the Department
</quote>
each place it appears and inserting
<quote>
discretionary accounts of the Department
</quote>
;
</text>
</paragraph>
<paragraph id="H05DAA10988BD4B93BFAD42690498879C">
<enum>
(2)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="H93BD493A095848578A3EB04B89FD6480">
<enum>
(A)
</enum>
<text>
by striking
<quote>
medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account
</quote>
and inserting
<quote>
accounts of the Department of Veterans Affairs account
</quote>
;
</text>
</subparagraph>
<subparagraph id="HA49FA75C53264A29BB7294C2118DEED1">
<enum>
(B)
</enum>
<text>
in paragraph (1), by inserting
<quote>
Veterans Health Administration,
</quote>
after
<quote>
(1)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H1C23F5ECB475405194E495992252865D">
<enum>
(C)
</enum>
<text>
in paragraph (2), by inserting
<quote>
Veterans Health Administration,
</quote>
after
<quote>
(2)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H4B7C927B7FF442A18B4DD4D4530E933A">
<enum>
(D)
</enum>
<text>
in paragraph (3), by inserting
<quote>
Veterans Health Administration,
</quote>
after
<quote>
(3)
</quote>
;
</text>
</subparagraph>
<subparagraph id="H92105D0576E14CB3846B1AEB3C514A54">
<enum>
(E)
</enum>
<text>
by adding at the end the following new paragraphs:
</text>
<quoted-block changed="added" committee-id="HVR00" display-inline="no-display-inline" id="HC71DCEA345984A319BF38FC7061ACFD9" reported-display-style="italic" style="USC">
<paragraph id="H65A1656508604B588D169F2CD775B96A">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
Veterans Health Administration, Medical and Prosthetic Research.
</text>
</paragraph>
<paragraph id="H0334F9F406BB40E0B1C7D1122E75B8E0">
<enum>
(5)
</enum>
<text>
National Cemetery Administration.
</text>
</paragraph>
<paragraph id="H469B3AD394E94614A760B3C36A250240">
<enum>
(6)
</enum>
<text>
Veterans Benefits Administration, Native American Veteran Housing Loan Program Account.
</text>
</paragraph>
<paragraph id="H8D860B722FA14F99AD69DBBF4B53E361">
<enum>
(7)
</enum>
<text>
Departmental Administration, General Administration, General Operating Expenses.
</text>
</paragraph>
<paragraph id="H06780D51CC2245D8B790521FDCBB1F92">
<enum>
(8)
</enum>
<text>
Departmental Administration, General Operating Expenses, Veterans Benefits Administration.
</text>
</paragraph>
<paragraph id="HC881EF894A7E4F3ABCC49D64610E7330">
<enum>
(9)
</enum>
<text>
Departmental Administration, Information Technology Systems.
</text>
</paragraph>
<paragraph id="H3FEB22BE20D1457787C994DDED989F46">
<enum>
(10)
</enum>
<text>
Departmental Administration, Office of the Inspector General.
</text>
</paragraph>
<paragraph id="HE41FA47E7FE44152964AC02DD016850D">
<enum>
(11)
</enum>
<text>
Departmental Administration, Construction, Major Projects.
</text>
</paragraph>
<paragraph id="H102DB75CF99F492AAFF080CE02F3AB55">
<enum>
(12)
</enum>
<text>
Departmental Administration, Construction, Minor Projects.
</text>
</paragraph>
<paragraph id="HC3029FEC03E14F54BB4A1CE16E705157">
<enum>
(13)
</enum>
<text>
Departmental Administration, Grants for Construction of State Extended Care Facilities.
</text>
</paragraph>
<paragraph id="H070804F3C15F4EB193C29F161CC46EC8">
<enum>
(14)
</enum>
<text>
Departmental Administration, Grants for Construction of Veterans Cemeteries.
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H6B9873B16E4C4C0EA228D1BC49C0E655">
<enum>
(F)
</enum>
<text>
in the subsection heading, by striking
<quote>
<header-in-text level="subsection" style="USC">
Medical care accounts
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="USC">
Discretionary accounts
</header-in-text>
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HD6198A6D622346EAB072A22661AD14B7">
<enum>
(3)
</enum>
<text>
in the section heading, by striking
<quote>
<header-in-text level="section" style="USC">
certain medical care accounts
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="USC">
certain discretionary accounts
</header-in-text>
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H91ED991439284D94B24557FE05BEC90A">
<enum>
(b)
</enum>
<header>
Clerical Amendment
</header>
<text>
The table of sections at the beginning of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/1">
chapter 1
</external-xref>
of title 38, United States Code, is amended by striking the item relating to section 117 and inserting the following new item:
</text>
<quoted-block changed="added" committee-id="HVR00" display-inline="no-display-inline" id="H8ED1CFDD7FA84A428914600AB10239D0" reported-display-style="italic" style="USC">
<toc changed="added" committee-id="HVR00" regeneration="no-regeneration" reported-display-style="italic">
<toc-entry level="section">
117. Advance appropriations for certain discretionary accounts.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HCCBD6628EFCB4521837AD0DC6F056015">
<enum>
(c)
</enum>
<header>
Effective date
</header>
<text>
The amendments made by subsection (a) shall apply with respect to fiscal year 2016 and each subsequent fiscal year.
</text>
</subsection>
</section>
<section id="H43B6CF7D28D8409BB9FBA6D78DC2F1E3">
<enum>
4.
</enum>
<header>
Comptroller General review of Department of Veterans Affairs medical care budget submission
</header>
<text display-inline="no-display-inline">
Section 4 of the Veterans Health Care Budget Reform and Transparency Act of 2009 (
<external-xref legal-doc="public-law" parsable-cite="pl/111/81">
Public Law 111–81
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/38/117">
38 U.S.C. 117
</external-xref>
note) is amended to read as follows:
</text>
<quoted-block changed="added" committee-id="HVR00" display-inline="no-display-inline" id="HABC78F897D1348F2AB743CC57C5D89DF" reported-display-style="italic" style="OLC">
<section id="H38A8338641C143BBAC6D035B19C9B781">
<enum>
4.
</enum>
<header>
Comptroller General review of Department of Veterans Affairs medical care budget submission
</header>
<subsection id="H75EC65BC91CC4747B17F2265B3E6C699">
<enum>
(a)
</enum>
<header>
Review of budget submission; reports
</header>
<text display-inline="yes-display-inline">
For each of fiscal years 2015, 2016, and 2017, the Comptroller General of the United States shall—
</text>
<paragraph id="H4FADE450F1B249CEB7FD16569019A4D5">
<enum>
(1)
</enum>
<text>
review the budget requests for the medical care accounts of the Department of Veterans Affairs in the President’s budget request submitted pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">
section 1105
</external-xref>
of title 31, United States Code; and
</text>
</paragraph>
<paragraph id="H5966CEBD0BD24224B2C0088084D0FF3E">
<enum>
(2)
</enum>
<text>
submit to the Committees on Veterans’ Affairs, Appropriations, and the Budget of the Senate and House of Representatives a report or reports on the results of each such review.
</text>
</paragraph>
</subsection>
<subsection id="H9A2A8221C7154C58AB3F90D37A5DEE72">
<enum>
(b)
</enum>
<header>
Timing and scope of reports
</header>
<text>
In determining the timing and scope for the submittal of the report or reports required under subsection (a), the Comptroller General shall consult with the Committees on Veterans’ Affairs of the Senate and House of Representatives.
</text>
</subsection>
<subsection id="H17248E98BB744FEDB3AAF1E276348D84">
<enum>
(c)
</enum>
<header>
Medical care accounts
</header>
<text display-inline="yes-display-inline">
In this section, the term
<quote>
medical care accounts of the Department of Veterans Affairs
</quote>
means the following medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account:
</text>
<paragraph id="H4850B137B08442EB97E566285AAB7576">
<enum>
(1)
</enum>
<text>
Medical Services.
</text>
</paragraph>
<paragraph id="HCB2209CFB9474186B243D98431F7055C">
<enum>
(2)
</enum>
<text>
Medical Support and Compliance.
</text>
</paragraph>
<paragraph id="H4D96A9BF8D5E41458BB958131BF6CDF5">
<enum>
(3)
</enum>
<text>
Medical Facilities.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H990F550F31CB406E8EE343E9EE07FFAE" section-type="subsequent-section">
<enum>
5.
</enum>
<header>
Department of Veterans Affairs budget planning reform
</header>
<subsection id="HB8B5B43FE9D0486BAAFC640AD8E24726">
<enum>
(a)
</enum>
<header>
Future-Years Veterans Program
</header>
<paragraph id="HEC118B8106574332BBEF3F15DA15819A">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/1">
Chapter 1
</external-xref>
of title 38, United States Code, is amended by adding at the end the following new section:
</text>
<quoted-block changed="added" committee-id="HVR00" display-inline="no-display-inline" id="H6345FD5CAAF74ED2AF2AAE4E67F62FF9" reported-display-style="italic" style="USC">
<section id="H558A8E1FA4BA452B92FA3C7CC28FA2E1">
<enum>
119.
</enum>
<header>
Future-Years Veterans Program
</header>
<subsection id="HCF46B6DAF5C24777B9DFBAF9B5A830DA">
<enum>
(a)
</enum>
<header>
Submission to Congress
</header>
<text display-inline="yes-display-inline">
The Secretary shall submit to Congress each year, at or about the time that the President’s budget is submitted to Congress pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">
section 1105(a)
</external-xref>
of title 31, a Future-Years Veterans Program reflecting the estimated expenditures and proposed appropriations included in that budget. Any such Future-Years Veterans Program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.
</text>
</subsection>
<subsection id="HD4D1A8C9A3A34DEDAC5B2F43B76C8AC2">
<enum>
(b)
</enum>
<header>
Consistency
</header>
<paragraph commented="no" display-inline="yes-display-inline" id="HEF759A3044D246CDA9BF65F4A824BD76">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
The Secretary shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of such paragraph for that fiscal year.
</text>
</paragraph>
<paragraph changed="added" committee-id="HVR00" id="H32AEC57FD46D4B53A90A27AB011BA394" indent="up1" reported-display-style="italic">
<enum>
(2)
</enum>
<text>
Amounts referred to in paragraph (1) are the following:
</text>
<subparagraph id="HB6740894B65347E59A62024263DC447D">
<enum>
(A)
</enum>
<text>
The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">
section 1105(a)
</external-xref>
of title 31 for any fiscal year, as shown in the Future-Years Veterans Program submitted pursuant to subsection (a).
</text>
</subparagraph>
<subparagraph id="H27E6B65158FC4F0BA19782D716E4C679">
<enum>
(B)
</enum>
<text>
The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Veterans Affairs included pursuant to paragraph (5) of
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">
section 1105(a)
</external-xref>
of title 31 in the budget submitted to Congress under that section for any fiscal year.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H9CF4258957E2492CB2A5F4BBA759310E">
<enum>
(c)
</enum>
<header>
Contents
</header>
<text display-inline="yes-display-inline">
The Future-Years Veterans Program under subsection (a) shall set forth the five-year plan of the Department to address the commitment of the United States to veterans and the resources necessary to meet that commitment and shall be developed and updated, as appropriate, annually by the Secretary. Each Future-Years Veterans Program shall include an explanation of—
</text>
<paragraph id="H663B148A132E40DDBF26DE7FEB4357EB">
<enum>
(1)
</enum>
<text>
the information that was used to develop program planning guidance for the Future-Years Veterans Program; and
</text>
</paragraph>
<paragraph id="HDBE6161C52F745289EEF7AA69BEFD29E">
<enum>
(2)
</enum>
<text>
how the resource allocations included in the Future-Years Veterans Program correlate to such five-year strategy.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HDA04A741E41047928F23656EA41198D0">
<enum>
(2)
</enum>
<header>
Clerical amendment
</header>
<text>
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 118 the following new item:
</text>
<quoted-block changed="added" committee-id="HVR00" display-inline="no-display-inline" id="H3FF008D426594359B20853C9008893D3" reported-display-style="italic" style="USC">
<toc changed="added" committee-id="HVR00" regeneration="no-regeneration" reported-display-style="italic">
<toc-entry level="section">
119. Future-Years Veterans Program.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="HD45065BE915C4139AFF78763078E74F8">
<enum>
(3)
</enum>
<header>
Effective Date
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/38/119">
Section 119
</external-xref>
of title 38, United States Code, as added by paragraph (1), shall apply with respect to the preparation and submission of the fiscal year 2018 budget request for the Department of Veterans Affairs.
</text>
</paragraph>
</subsection>
<subsection id="H8AF159A3C5E24D1F8C2E3D91B8DC59B1">
<enum>
(b)
</enum>
<header>
Quadrennial Veterans Review
</header>
<paragraph id="HFBF552944BBE4E1388CC4E83A3B666FC">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Such chapter is further amended by adding after section 119, as added by subsection (a)(1), the following new section:
</text>
<quoted-block changed="added" committee-id="HVR00" display-inline="no-display-inline" id="H9F167832ACBA4104AC186F2042061013" reported-display-style="italic" style="USC">
<section id="H920260D436704C159B1035E0EEC070DE">
<enum>
120.
</enum>
<header>
Quadrennial veterans review
</header>
<subsection id="HE20CA15EB0114A36BA9D85A244A34547">
<enum>
(a)
</enum>
<header>
Requirement
</header>
<paragraph commented="no" display-inline="yes-display-inline" id="H93CAA4246CD1449B9120DAE0F1594037">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
Not later than fiscal year 2017, and every fourth year thereafter, the Secretary shall conduct a review of the strategy for meeting the commitment of the United States to veterans and the resources necessary to meet that commitment (in this section referred to as a
<term>
quadrennial veterans review
</term>
).
</text>
</paragraph>
<paragraph changed="added" committee-id="HVR00" display-inline="no-display-inline" id="H02878EE17C664CBD9E3EC853D440A092" indent="up1" reported-display-style="italic">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
Each quadrennial veterans review shall include a comprehensive examination of the policies and strategies of the United States with respect to veterans, including recommendations regarding the long-term strategy and priorities for programs, services, benefits, and outcomes regarding veterans and guidance on the programs, assets, capabilities, budget, policies, and authorities of the Department.
</text>
</paragraph>
<paragraph changed="added" committee-id="HVR00" id="H1739DA7143EE4D21B99337710D40552D" indent="up1" reported-display-style="italic">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
The Secretary shall conduct each quadrennial veterans review in consultation with key officials of the Department, the heads of other Federal agencies, and other relevant governmental and nongovernmental entities, including State, local, and tribal government officials, members of Congress, veterans service organizations, private sector representatives, academics, and other policy experts.
</text>
</paragraph>
<paragraph changed="added" committee-id="HVR00" id="H70C1B7A0A513492D820C697531845F2A" indent="up1" reported-display-style="italic">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
The Secretary shall ensure that each quadrennial veterans review is coordinated with the Future-Years Veterans Program required under section 119 of this title.
</text>
</paragraph>
</subsection>
<subsection id="H354F5B1AE9284525AEBB808E77F6E341">
<enum>
(b)
</enum>
<header>
Contents of review
</header>
<text>
In each quadrennial veterans review, the Secretary shall—
</text>
<paragraph id="H9146571EE7B042ECA644F2AED826EFFB">
<enum>
(1)
</enum>
<text>
delineate a veterans strategy consistent with the commitment of the United States to veterans and refine a strategy for the types of, and provision of, programs, services, benefits, and outcomes consistent with current authorities and requirements;
</text>
</paragraph>
<paragraph id="H033D4BA344F7497E84A9152B37C27AB7">
<enum>
(2)
</enum>
<text>
outline and prioritize the full range of programs and capabilities regarding veterans provided by the Federal Government;
</text>
</paragraph>
<paragraph id="H09714F226E3B4268BC544F4428462BD3">
<enum>
(3)
</enum>
<text>
identify the budget plan required to provide sufficient resources to successfully execute the full range of such programs and capabilities;
</text>
</paragraph>
<paragraph id="H31CDA2FF9D0647AB90D92D9EA3170BA6">
<enum>
(4)
</enum>
<text>
include an assessment of the organizational alignment of the Department with respect to the strategy referred to in paragraph (1) and the programs and capabilities referred to in paragraph (2);
</text>
</paragraph>
<paragraph id="HE6151F320D964CEC8793E8CAF6821677">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
review and assess the effectiveness of the mechanisms of the Department for executing the process of turning the requirements identified in the quadrennial veterans review into a plan to meet such requirements, including an expenditure plan for the Department; and
</text>
</paragraph>
<paragraph id="H354C3364EBE14FA289C07314F909DFD4">
<enum>
(6)
</enum>
<text>
identify emerging trends, problems, opportunities, and issues that could affect veterans or the Department during the ten-year period following the period covered by the review.
</text>
</paragraph>
</subsection>
<subsection id="HD573537690364D12A9F1D9326331CDE5">
<enum>
(c)
</enum>
<header>
Submission to Congress
</header>
<paragraph commented="no" display-inline="yes-display-inline" id="HB4EF426D6AF24C05B3AB5D1F986EB37D">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report regarding each quadrennial veterans review. The Secretary shall submit the report in the year following the year in which the review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">
section 1105
</external-xref>
of title 31, United States Code.
</text>
</paragraph>
<paragraph changed="added" committee-id="HVR00" id="HC72D8282FB0F49A0A9540B96E37DB3C2" indent="up1" reported-display-style="italic">
<enum>
(2)
</enum>
<text>
Each report submitted under paragraph (1) shall include—
</text>
<subparagraph id="HE8BC512C693E4517B3E57008472BE267">
<enum>
(A)
</enum>
<text>
the results of the quadrennial veterans review;
</text>
</subparagraph>
<subparagraph commented="no" id="H8581C506EFE34EBB9D5E72215AA7BA2A">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
a description of the challenges to, and opportunities for, the assumed or defined veterans-related interests of the Nation that were examined for the purposes of that review;
</text>
</subparagraph>
<subparagraph commented="no" id="H1959396765DD46AEB0B923B37E243189">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the strategy for meeting the Nation’s commitment to veterans, including a prioritized list of the missions of the Department;
</text>
</subparagraph>
<subparagraph commented="no" id="H90B71A971B064EDDB6D47425DE5D62FE">
<enum>
(D)
</enum>
<text>
a description of the interagency cooperation, preparedness of Federal assets, infrastructure, budget plan, and other elements of the programs and policies of the Nation associated with the strategy referred to in subsection (b)(1) that are required to execute successfully the full range of programs and capabilities identified in such strategy and the programs and capabilities outlined under subsection (b)(2);
</text>
</subparagraph>
<subparagraph commented="no" id="HA64333ACBB0545888CE5DE7261DEBE99">
<enum>
(E)
</enum>
<text>
an assessment of the organizational alignment of the Department with the strategy referred to in subsection (b)(1) and the programs and capabilities outlined under subsection (b)(2), including the Department's organizational structure, management systems, budget and accounting systems, human resources systems, procurement systems, and physical and technical infrastructure;
</text>
</subparagraph>
<subparagraph commented="no" id="H77C6CCF938F74CEDAC80A1E88D4E6C32">
<enum>
(F)
</enum>
<text>
a discussion of the status of cooperation among Federal agencies in the effort to promote national support for veterans;
</text>
</subparagraph>
<subparagraph commented="no" id="HA516F3F0BF134FF1B3AEEE5CA59232A8">
<enum>
(G)
</enum>
<text>
a discussion of the status of cooperation between the Federal Government and State, local, and tribal governments in supporting veterans and providing programs, services, benefits, and outcomes to assist veterans;
</text>
</subparagraph>
<subparagraph commented="no" id="H4E5ED0ACD6104A2B8951758E9D746D1C">
<enum>
(H)
</enum>
<text>
an explanation of any underlying assumptions used in conducting the review; and
</text>
</subparagraph>
<subparagraph commented="no" id="H8725AA69D8A44B0E97C759DB7C54EAB0">
<enum>
(I)
</enum>
<text>
any other matter the Secretary considers appropriate.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H4764CAE2777747AFABDF6D7DFF2FADD8">
<enum>
(2)
</enum>
<header>
Clerical amendment
</header>
<text display-inline="yes-display-inline">
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 119, as added by subsection (a)(2), the following new item:
</text>
<quoted-block changed="added" committee-id="HVR00" display-inline="no-display-inline" id="H7ED002FD69B142729F9B71AB02130BA9" reported-display-style="italic" style="USC">
<toc changed="added" committee-id="HVR00" regeneration="no-regeneration" reported-display-style="italic">
<toc-entry level="section">
120. Quadrennial veterans review.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H6F9C94B6607041C181837700574D141B">
<enum>
(c)
</enum>
<header>
Policy Guidance
</header>
<paragraph id="H37C37AEEDAA148C3BFA8EC144DDD6CA6">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Such chapter is further amended by adding after section 120, as added by subsection (b)(1), the following new section:
</text>
<quoted-block changed="added" committee-id="HVR00" display-inline="no-display-inline" id="H3738D2BA3C8C41838FEECC93DC11100B" reported-display-style="italic" style="USC">
<section commented="no" id="HAD5215D9F57D46B69CAD37FE29900CCC">
<enum>
121.
</enum>
<header>
Policy guidance
</header>
<text display-inline="no-display-inline">
The Secretary shall provide annually to the appropriate officials of the Department written policy guidance for the preparation and review of the planning and program recommendations and budget proposals of the elements of the Department of such officials. Such guidance shall include guidance on the objectives of the Department in accordance with Future-Years Veterans Program under section 119 of this title and the quadrennial veterans review under section 120 and the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective.
</text>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H0B89BF666E96420DBE53A07EE3D046F9">
<enum>
(2)
</enum>
<header>
Clerical amendment
</header>
<text>
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 120, as added by subsection (b)(2), the following new item:
</text>
<quoted-block changed="added" committee-id="HVR00" display-inline="no-display-inline" id="HB1CE451AD57C44F289E3503AB159295E" reported-display-style="italic" style="USC">
<toc changed="added" committee-id="HVR00" regeneration="no-regeneration" reported-display-style="italic">
<toc-entry level="section">
121. Policy guidance.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HF6AF1DF25BF84ED6A5003A097C0F7C71">
<enum>
(d)
</enum>
<header>
Chief strategy officer of the Department of Veterans Affairs
</header>
<paragraph id="HDA612105A5DF4E74BD8CC7E4B20E115B">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/3">
Chapter 3
</external-xref>
of title 38, United States Code, is amended by adding at the end the following new section:
</text>
<quoted-block changed="added" committee-id="HVR00" display-inline="no-display-inline" id="HC404A02BF5DD471C836B44BD4F6FA69D" reported-display-style="italic" style="USC">
<section id="H64CA000C17F445CEB88A4291FEF5C161">
<enum>
323.
</enum>
<header>
Chief Strategy Officer
</header>
<subsection id="H566B8F9B29294DEBBAD1C67239DD8429">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
The Secretary shall designate the Assistant Secretary whose functions include planning, studies, and evaluations as the Chief Strategy Officer of the Department. The Chief Strategy Officer shall advise the Secretary on long-range strategy and implications.
</text>
</subsection>
<subsection id="HB3F453E4B5984C2D92D76558B98B23C5">
<enum>
(b)
</enum>
<header>
Responsibilities
</header>
<text>
The Chief Strategy Officer is the principal advisor to the Secretary and other senior officials of the Department, and shall provide independent analysis and advice to the Secretary and such officials. The Chief Strategy Officer shall carry out the following responsibilities:
</text>
<paragraph id="H342DF1F24E264CECB419C8D3883B8765">
<enum>
(1)
</enum>
<text>
Conducting cost estimation and cost analysis for the programs of the Department.
</text>
</paragraph>
<paragraph id="H1709A588A8BF47D98735985E8EF7A090">
<enum>
(2)
</enum>
<text>
Establishing policies for, and overseeing the integration of, the planning, programming, budgeting and execution process for the Department.
</text>
</paragraph>
<paragraph id="H36891B65396B4D109066132D9D574D42">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
Providing analysis and advice on matters relating to the planning and programming phase of the planning, programming, budgeting and execution process, and the preparation of materials and guidance for such process, as directed by the Secretary, working in coordination with the Assistant Secretary for Management.
</text>
</paragraph>
<paragraph id="HE7F10E9A50D9432C91A4C077CFFE7F0F">
<enum>
(4)
</enum>
<text>
Developing and executing the Future-Years Veterans Program of the Department, as specified under section 119 of this title.
</text>
</paragraph>
<paragraph id="H359E7D133FE342C8BCC7822C7635854B">
<enum>
(5)
</enum>
<text>
Developing resource discussions relating to requirements under consideration in the quadrennial veterans review under section 120 of this title.
</text>
</paragraph>
<paragraph id="H721BBDA75C7644A4B7168AF1957D6142">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
Formulating study guidance for analysis of alternatives for programs and initiatives, including any necessary acquisitions, development, or procurement commensurate with such alternatives, and performance of such analysis as directed by the Secretary.
</text>
</paragraph>
<paragraph id="H6A9E781C9B864E82BB865EDECD0858B2">
<enum>
(7)
</enum>
<text>
Reviewing, analyzing, and evaluating programs for executing approved strategies and policies, ensuring that information on programs and expected outcomes is presented accurately and completely.
</text>
</paragraph>
<paragraph id="H52B4D389F1024D71A153339EA3AAD228">
<enum>
(8)
</enum>
<text>
Ensuring that the costs of programs and alternatives are presented accurately and completely by assisting in establishing standards, policies, and procedures for the conduct of cost estimation and cost analysis throughout the Department, including guidance relating to the proper selection of confidence levels in cost estimates generally and for specific programs of the Department.
</text>
</paragraph>
<paragraph id="HC5557AC5DC2A47979F7D1CAEF992ACF8">
<enum>
(9)
</enum>
<text>
Conducting studies at the request of the Secretary regarding costs, policy assumptions, and strategic implications of current policies and possible alternatives.
</text>
</paragraph>
<paragraph id="H4AE5ABA62C28437CA56588010DDF6456">
<enum>
(10)
</enum>
<text display-inline="yes-display-inline">
Communicating directly to the Secretary and the Deputy Secretary of Veterans Affairs about matters for which the Chief Strategy Officer is responsible without obtaining the approval or concurrence of any other official within the Department.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H94A16458A4584C7FBE7C3B0E2D7176C2">
<enum>
(2)
</enum>
<header>
Clerical amendment
</header>
<text>
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 322 the following new item:
</text>
<quoted-block changed="added" committee-id="HVR00" display-inline="no-display-inline" id="H08B4AC4239E843D5A7E777882D88B312" reported-display-style="italic" style="USC">
<toc changed="added" committee-id="HVR00" regeneration="no-regeneration" reported-display-style="italic">
<toc-entry level="section">
323. Chief Strategy Officer.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
<section commented="no" id="H89E6269A38C646C0B9ABAD8F9A00537E">
<enum>
6.
</enum>
<header>
Study on the functions and organizational structure of the Office of the Secretary of Veterans Affairs and of the Department of Veterans Affairs
</header>
<subsection commented="no" id="HD441948457304C67BDA48ED0E7C32EDF">
<enum>
(a)
</enum>
<header>
Secretary of Veterans Affairs Study
</header>
<text display-inline="yes-display-inline">
The Secretary of Veterans Affairs shall conduct a study of the functions and organizational structure of the Office of the Secretary and of the Department of Veterans Affairs.
</text>
</subsection>
<subsection commented="no" id="H783C55BAD66143B1B284FEBD7DA6EDCA">
<enum>
(b)
</enum>
<header>
Contents of Study
</header>
<text>
In conducting the study under subsection (a), the Secretary shall consider whether the allocation of functions and the organizational structure of the Department, as of the date of the enactment of this Act, constitute the most effective, efficient, and economical allocation and structure to assist the Secretary in carrying out the duties and responsibilities of the Secretary. The Secretary shall also consider—
</text>
<paragraph commented="no" id="H09F6C4E4D033466EB6A2566BA45F9D81">
<enum>
(1)
</enum>
<text>
whether the organization of the Office and the Department is—
</text>
<subparagraph commented="no" id="H844B5B6B63F14161B1B293786ADFB2CA">
<enum>
(A)
</enum>
<text>
optimally structured to assist the Secretary in the effective exercise of control over the Department, including—
</text>
<clause commented="no" id="HD8530B5E06284FE3A66DE5A8602B3A95">
<enum>
(i)
</enum>
<text>
policy development and strategic planning;
</text>
</clause>
<clause commented="no" id="HF4BEE3A1CB354C17814731409F5D9A7D">
<enum>
(ii)
</enum>
<text>
programming, planning, and budget development and policy, program, and budget execution; and
</text>
</clause>
<clause commented="no" id="H6183BA4A72A942ACBAC1C89F565151D3">
<enum>
(iii)
</enum>
<text>
contingency planning; and
</text>
</clause>
</subparagraph>
<subparagraph commented="no" id="H5B072A0BBB0B41B99771B3C1A22FC4B5">
<enum>
(B)
</enum>
<text>
the most effective and efficient organization for the initiation, development, and articulation of veterans’ policy and the provision of benefits and services;
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HAC983CEFDA9E41FDBC91EAE91A55D96D">
<enum>
(2)
</enum>
<text>
means of improving and strengthening the oversight and accountability within the Office and Department;
</text>
</paragraph>
<paragraph commented="no" id="H8D96DC232A474D71914BD0ECF0D9129F">
<enum>
(3)
</enum>
<text>
factors inhibiting efficient and effective execution of the functions of the Office and the Department, including factors relating to—
</text>
<subparagraph commented="no" id="HA937082BC0364058BE571792E637E9F3">
<enum>
(A)
</enum>
<text>
any duplication of functions (both within and between the Office and Department);
</text>
</subparagraph>
<subparagraph commented="no" id="H7A34997123F74962B583607FE3DA221D">
<enum>
(B)
</enum>
<text>
the availability to the Secretary of sufficient and detailed information regarding the operation of the Department to enable effective planning, policy execution, and oversight; and
</text>
</subparagraph>
<subparagraph commented="no" id="H302196115E8148439E18AA9A86A7D572">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the sufficiency of resources, including personnel, to carry out current and projected requirements in a more effective and efficient manner; and
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H4F62F5DFEB8845DB87900AA468CFC230">
<enum>
(4)
</enum>
<text>
possible alternative allocations and realignments of authorities and functions within the Office and Department to improve the Department’s overall operation and better provide benefits and services.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="HCDC6F1C946424DF39DB6174275F52815">
<enum>
(c)
</enum>
<header>
Independent Contractor Study
</header>
<text>
The Secretary shall enter into a contract with an appropriate entity under which the entity shall carry out an independent study of the same matters required to be considered by the Secretary under subsection (b). The Secretary shall ensure that the entity has full access to such information as the contractor requires in order to conduct the study and that the contractor otherwise receives full cooperation from all officials and entities of the Department of Veterans Affairs.
</text>
</subsection>
<subsection commented="no" id="H290E19B87E764046B02E710626EAA937">
<enum>
(d)
</enum>
<header>
Report to Congress
</header>
<text>
Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the Secretary’s study under subsection (a). The report shall include—
</text>
<paragraph commented="no" id="HA300F1A85964474F8A7ACD1C5F519BD3">
<enum>
(1)
</enum>
<text>
the findings and conclusions of the Secretary with respect to each of the matters set forth in subsection (b);
</text>
</paragraph>
<paragraph commented="no" id="HD75A74E37FA846308C2835BE4D2845E8">
<enum>
(2)
</enum>
<text>
any recommendations of the Secretary for organizational changes in the Office of the Secretary and the overall Department and a description of the means for implementing each recommendation; and
</text>
</paragraph>
<paragraph commented="no" id="H8FA9C12B13254BD7BBE15E9C7055B51D">
<enum>
(3)
</enum>
<text>
a copy of the report of the independent contractor under subsection (c), together with such comments on such report as the Secretary considers appropriate.
</text>
</paragraph>
</subsection>
</section>
<section id="H882355C55E694C02906F0815BACC89D3">
<enum>
7.
</enum>
<header>
Performance awards in the Senior Executive Service
</header>
<text display-inline="no-display-inline">
For each of fiscal years 2014 through 2018, the Secretary of Veterans Affairs may not pay any performance awards under
<external-xref legal-doc="usc" parsable-cite="usc/5/5384">
section 5384
</external-xref>
of title 5, United States Code.
</text>
</section>
</legis-body>
<official-title-amendment>
Amend the title so as to read:
<quote>
A bill to amend title 38, United States Code, to provide for advance appropriations for certain discretionary accounts of the Department of Veterans Affairs, to direct the Secretary of Veterans Affairs to submit to Congress a Future-Years Veterans Program and a quadrennial veterans review, to establish in the Department of Veterans Affairs a Chief Strategy Officer, and for other purposes.
</quote>
.
</official-title-amendment>
<endorsement display="yes">
<action-date date="20130917">
September 17, 2013
</action-date>
<action-desc>
Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
</action-desc>
</endorsement>
</bill>
| IB Union Calendar No. 156 113th CONGRESS 1st Session H. R. 813 [Report No. 113–212] IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Miller of Florida (for himself and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs September 17, 2013 Additional sponsors: Mrs. Roby , Ms. Brownley of California , Mr. Gene Green of Texas , Mr. Lamborn , Mr. O'Rourke , Mr. Lynch , Mrs. Kirkpatrick , Mr. Carson of Indiana , Mr. Connolly , Mr. Holt , Ms. Michelle Lujan Grisham of New Mexico , Mr. Johnson of Ohio , Mr. Jones , Mr. Loebsack , Mr. Amodei , Mr. Wittman , Ms. Sinema , Mr. Stivers , Ms. Schakowsky , Mr. Veasey , and Mr. Latham September 17, 2013 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic A BILL To amend title 38, United States Code, to provide for advance appropriations for certain discretionary accounts of the Department of Veterans Affairs.
1. Short title This Act may be cited as the Putting Veterans Funding First Act of 2013 . 2. Advance appropriations for certain discretionary accounts of the Department of Veterans Affairs (a) In general Section 117 of title 38, United States Code, is amended— (1) by striking medical care accounts of the Department each place it appears and inserting discretionary accounts of the Department ; (2) in subsection (c)— (A) by striking medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account and inserting accounts of the Department of Veterans Affairs account ; (B) in paragraph (1), by inserting Veterans Health Administration, after (1) ; (C) in paragraph (2), by inserting Veterans Health Administration, after (2) ; (D) in paragraph (3), by inserting Veterans Health Administration, after (3) ; (E) by adding at the end the following new paragraphs: (4) Veterans Health Administration, Medical Research and Support. (5) National Cemetery Administration. (6) Veterans Benefits Administration, Native American Veteran Housing Loan Program Account. (7) Departmental Administration, General Administration, General Operating Expenses. (8) Departmental Administration, General Operating Expenses, Veterans Benefits Administration. (9) Departmental Administration, Information Technology Systems. (10) Departmental Administration, Office of the Inspector General. (11) Departmental Administration, Construction, Major Projects. (12) Departmental Administration, Construction, Minor Projects. (13) Departmental Administration, Grants for Construction of State Extended Care Facilities. (14) Departmental Administration, Grants for Construction of Veterans Cemeteries. ; and (F) in the subsection heading, by striking Medical care accounts and inserting Discretionary accounts ; and (3) in the section heading, by striking certain medical care accounts and inserting certain discretionary accounts . (b) Effective date The amendments made by subsection (a) shall apply with respect to fiscal year 2016 and each subsequent fiscal year.
1. Short title This Act may be cited as the Putting Veterans Funding First Act of 2013 . 2. Scoring of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. 3. Advance appropriations for certain discretionary accounts of the Department of Veterans Affairs (a) In general Section 117 of title 38, United States Code, is amended— (1) by striking medical care accounts of the Department each place it appears and inserting discretionary accounts of the Department ; (2) in subsection (c)— (A) by striking medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account and inserting accounts of the Department of Veterans Affairs account ; (B) in paragraph (1), by inserting Veterans Health Administration, after (1) ; (C) in paragraph (2), by inserting Veterans Health Administration, after (2) ; (D) in paragraph (3), by inserting Veterans Health Administration, after (3) ; (E) by adding at the end the following new paragraphs: (4) Veterans Health Administration, Medical and Prosthetic Research. (5) National Cemetery Administration. (6) Veterans Benefits Administration, Native American Veteran Housing Loan Program Account. (7) Departmental Administration, General Administration, General Operating Expenses. (8) Departmental Administration, General Operating Expenses, Veterans Benefits Administration. (9) Departmental Administration, Information Technology Systems. (10) Departmental Administration, Office of the Inspector General. (11) Departmental Administration, Construction, Major Projects. (12) Departmental Administration, Construction, Minor Projects. (13) Departmental Administration, Grants for Construction of State Extended Care Facilities. (14) Departmental Administration, Grants for Construction of Veterans Cemeteries. ; and (F) in the subsection heading, by striking Medical care accounts and inserting Discretionary accounts ; and (3) in the section heading, by striking certain medical care accounts and inserting certain discretionary accounts . (b) Clerical Amendment The table of sections at the beginning of chapter 1 of title 38, United States Code, is amended by striking the item relating to section 117 and inserting the following new item: 117. Advance appropriations for certain discretionary accounts. . (c) Effective date The amendments made by subsection (a) shall apply with respect to fiscal year 2016 and each subsequent fiscal year. 4. Comptroller General review of Department of Veterans Affairs medical care budget submission Section 4 of the Veterans Health Care Budget Reform and Transparency Act of 2009 ( Public Law 111–81 ; 38 U.S.C. 117 note) is amended to read as follows: 4. Comptroller General review of Department of Veterans Affairs medical care budget submission (a) Review of budget submission; reports For each of fiscal years 2015, 2016, and 2017, the Comptroller General of the United States shall— (1) review the budget requests for the medical care accounts of the Department of Veterans Affairs in the President’s budget request submitted pursuant to section 1105 of title 31, United States Code; and (2) submit to the Committees on Veterans’ Affairs, Appropriations, and the Budget of the Senate and House of Representatives a report or reports on the results of each such review. (b) Timing and scope of reports In determining the timing and scope for the submittal of the report or reports required under subsection (a), the Comptroller General shall consult with the Committees on Veterans’ Affairs of the Senate and House of Representatives. (c) Medical care accounts In this section, the term medical care accounts of the Department of Veterans Affairs means the following medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account: (1) Medical Services. (2) Medical Support and Compliance. (3) Medical Facilities. . 5. Department of Veterans Affairs budget planning reform (a) Future-Years Veterans Program (1) In general Chapter 1 of title 38, United States Code, is amended by adding at the end the following new section: 119. Future-Years Veterans Program (a) Submission to Congress The Secretary shall submit to Congress each year, at or about the time that the President’s budget is submitted to Congress pursuant to section 1105(a) of title 31, a Future-Years Veterans Program reflecting the estimated expenditures and proposed appropriations included in that budget. Any such Future-Years Veterans Program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years. (b) Consistency (1) The Secretary shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of such paragraph for that fiscal year. (2) Amounts referred to in paragraph (1) are the following: (A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under section 1105(a) of title 31 for any fiscal year, as shown in the Future-Years Veterans Program submitted pursuant to subsection (a). (B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Veterans Affairs included pursuant to paragraph (5) of section 1105(a) of title 31 in the budget submitted to Congress under that section for any fiscal year. (c) Contents The Future-Years Veterans Program under subsection (a) shall set forth the five-year plan of the Department to address the commitment of the United States to veterans and the resources necessary to meet that commitment and shall be developed and updated, as appropriate, annually by the Secretary. Each Future-Years Veterans Program shall include an explanation of— (1) the information that was used to develop program planning guidance for the Future-Years Veterans Program; and (2) how the resource allocations included in the Future-Years Veterans Program correlate to such five-year strategy. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 118 the following new item: 119. Future-Years Veterans Program. . (3) Effective Date Section 119 of title 38, United States Code, as added by paragraph (1), shall apply with respect to the preparation and submission of the fiscal year 2018 budget request for the Department of Veterans Affairs. (b) Quadrennial Veterans Review (1) In general Such chapter is further amended by adding after section 119, as added by subsection (a)(1), the following new section: 120. Quadrennial veterans review (a) Requirement (1) Not later than fiscal year 2017, and every fourth year thereafter, the Secretary shall conduct a review of the strategy for meeting the commitment of the United States to veterans and the resources necessary to meet that commitment (in this section referred to as a quadrennial veterans review ). (2) Each quadrennial veterans review shall include a comprehensive examination of the policies and strategies of the United States with respect to veterans, including recommendations regarding the long-term strategy and priorities for programs, services, benefits, and outcomes regarding veterans and guidance on the programs, assets, capabilities, budget, policies, and authorities of the Department. (3) The Secretary shall conduct each quadrennial veterans review in consultation with key officials of the Department, the heads of other Federal agencies, and other relevant governmental and nongovernmental entities, including State, local, and tribal government officials, members of Congress, veterans service organizations, private sector representatives, academics, and other policy experts. (4) The Secretary shall ensure that each quadrennial veterans review is coordinated with the Future-Years Veterans Program required under section 119 of this title. (b) Contents of review In each quadrennial veterans review, the Secretary shall— (1) delineate a veterans strategy consistent with the commitment of the United States to veterans and refine a strategy for the types of, and provision of, programs, services, benefits, and outcomes consistent with current authorities and requirements; (2) outline and prioritize the full range of programs and capabilities regarding veterans provided by the Federal Government; (3) identify the budget plan required to provide sufficient resources to successfully execute the full range of such programs and capabilities; (4) include an assessment of the organizational alignment of the Department with respect to the strategy referred to in paragraph (1) and the programs and capabilities referred to in paragraph (2); (5) review and assess the effectiveness of the mechanisms of the Department for executing the process of turning the requirements identified in the quadrennial veterans review into a plan to meet such requirements, including an expenditure plan for the Department; and (6) identify emerging trends, problems, opportunities, and issues that could affect veterans or the Department during the ten-year period following the period covered by the review. (c) Submission to Congress (1) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report regarding each quadrennial veterans review. The Secretary shall submit the report in the year following the year in which the review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under section 1105 of title 31, United States Code. (2) Each report submitted under paragraph (1) shall include— (A) the results of the quadrennial veterans review; (B) a description of the challenges to, and opportunities for, the assumed or defined veterans-related interests of the Nation that were examined for the purposes of that review; (C) the strategy for meeting the Nation’s commitment to veterans, including a prioritized list of the missions of the Department; (D) a description of the interagency cooperation, preparedness of Federal assets, infrastructure, budget plan, and other elements of the programs and policies of the Nation associated with the strategy referred to in subsection (b)(1) that are required to execute successfully the full range of programs and capabilities identified in such strategy and the programs and capabilities outlined under subsection (b)(2); (E) an assessment of the organizational alignment of the Department with the strategy referred to in subsection (b)(1) and the programs and capabilities outlined under subsection (b)(2), including the Department's organizational structure, management systems, budget and accounting systems, human resources systems, procurement systems, and physical and technical infrastructure; (F) a discussion of the status of cooperation among Federal agencies in the effort to promote national support for veterans; (G) a discussion of the status of cooperation between the Federal Government and State, local, and tribal governments in supporting veterans and providing programs, services, benefits, and outcomes to assist veterans; (H) an explanation of any underlying assumptions used in conducting the review; and (I) any other matter the Secretary considers appropriate. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 119, as added by subsection (a)(2), the following new item: 120. Quadrennial veterans review. . (c) Policy Guidance (1) In general Such chapter is further amended by adding after section 120, as added by subsection (b)(1), the following new section: 121. Policy guidance The Secretary shall provide annually to the appropriate officials of the Department written policy guidance for the preparation and review of the planning and program recommendations and budget proposals of the elements of the Department of such officials. Such guidance shall include guidance on the objectives of the Department in accordance with Future-Years Veterans Program under section 119 of this title and the quadrennial veterans review under section 120 and the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 120, as added by subsection (b)(2), the following new item: 121. Policy guidance. . (d) Chief strategy officer of the Department of Veterans Affairs (1) In general Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: 323. Chief Strategy Officer (a) In general The Secretary shall designate the Assistant Secretary whose functions include planning, studies, and evaluations as the Chief Strategy Officer of the Department. The Chief Strategy Officer shall advise the Secretary on long-range strategy and implications. (b) Responsibilities The Chief Strategy Officer is the principal advisor to the Secretary and other senior officials of the Department, and shall provide independent analysis and advice to the Secretary and such officials. The Chief Strategy Officer shall carry out the following responsibilities: (1) Conducting cost estimation and cost analysis for the programs of the Department. (2) Establishing policies for, and overseeing the integration of, the planning, programming, budgeting and execution process for the Department. (3) Providing analysis and advice on matters relating to the planning and programming phase of the planning, programming, budgeting and execution process, and the preparation of materials and guidance for such process, as directed by the Secretary, working in coordination with the Assistant Secretary for Management. (4) Developing and executing the Future-Years Veterans Program of the Department, as specified under section 119 of this title. (5) Developing resource discussions relating to requirements under consideration in the quadrennial veterans review under section 120 of this title. (6) Formulating study guidance for analysis of alternatives for programs and initiatives, including any necessary acquisitions, development, or procurement commensurate with such alternatives, and performance of such analysis as directed by the Secretary. (7) Reviewing, analyzing, and evaluating programs for executing approved strategies and policies, ensuring that information on programs and expected outcomes is presented accurately and completely. (8) Ensuring that the costs of programs and alternatives are presented accurately and completely by assisting in establishing standards, policies, and procedures for the conduct of cost estimation and cost analysis throughout the Department, including guidance relating to the proper selection of confidence levels in cost estimates generally and for specific programs of the Department. (9) Conducting studies at the request of the Secretary regarding costs, policy assumptions, and strategic implications of current policies and possible alternatives. (10) Communicating directly to the Secretary and the Deputy Secretary of Veterans Affairs about matters for which the Chief Strategy Officer is responsible without obtaining the approval or concurrence of any other official within the Department. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 322 the following new item: 323. Chief Strategy Officer. . 6. Study on the functions and organizational structure of the Office of the Secretary of Veterans Affairs and of the Department of Veterans Affairs (a) Secretary of Veterans Affairs Study The Secretary of Veterans Affairs shall conduct a study of the functions and organizational structure of the Office of the Secretary and of the Department of Veterans Affairs. (b) Contents of Study In conducting the study under subsection (a), the Secretary shall consider whether the allocation of functions and the organizational structure of the Department, as of the date of the enactment of this Act, constitute the most effective, efficient, and economical allocation and structure to assist the Secretary in carrying out the duties and responsibilities of the Secretary. The Secretary shall also consider— (1) whether the organization of the Office and the Department is— (A) optimally structured to assist the Secretary in the effective exercise of control over the Department, including— (i) policy development and strategic planning; (ii) programming, planning, and budget development and policy, program, and budget execution; and (iii) contingency planning; and (B) the most effective and efficient organization for the initiation, development, and articulation of veterans’ policy and the provision of benefits and services; (2) means of improving and strengthening the oversight and accountability within the Office and Department; (3) factors inhibiting efficient and effective execution of the functions of the Office and the Department, including factors relating to— (A) any duplication of functions (both within and between the Office and Department); (B) the availability to the Secretary of sufficient and detailed information regarding the operation of the Department to enable effective planning, policy execution, and oversight; and (C) the sufficiency of resources, including personnel, to carry out current and projected requirements in a more effective and efficient manner; and (4) possible alternative allocations and realignments of authorities and functions within the Office and Department to improve the Department’s overall operation and better provide benefits and services. (c) Independent Contractor Study The Secretary shall enter into a contract with an appropriate entity under which the entity shall carry out an independent study of the same matters required to be considered by the Secretary under subsection (b). The Secretary shall ensure that the entity has full access to such information as the contractor requires in order to conduct the study and that the contractor otherwise receives full cooperation from all officials and entities of the Department of Veterans Affairs. (d) Report to Congress Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the Secretary’s study under subsection (a). The report shall include— (1) the findings and conclusions of the Secretary with respect to each of the matters set forth in subsection (b); (2) any recommendations of the Secretary for organizational changes in the Office of the Secretary and the overall Department and a description of the means for implementing each recommendation; and (3) a copy of the report of the independent contractor under subsection (c), together with such comments on such report as the Secretary considers appropriate. 7. Performance awards in the Senior Executive Service For each of fiscal years 2014 through 2018, the Secretary of Veterans Affairs may not pay any performance awards under section 5384 of title 5, United States Code.
Amend the title so as to read: A bill to amend title 38, United States Code, to provide for advance appropriations for certain discretionary accounts of the Department of Veterans Affairs, to direct the Secretary of Veterans Affairs to submit to Congress a Future-Years Veterans Program and a quadrennial veterans review, to establish in the Department of Veterans Affairs a Chief Strategy Officer, and for other purposes. .
September 17, 2013 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |
113-hr-814-ih-dtd | 113-hr-814 | 113 | hr | 814 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr814ih.xml | BILLS-113hr814ih.xml | 2023-01-08 17:37:46.516 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dc:title>
113 HR 814 IH: Rewriting to Improve and Secure an Exit Out of Poverty Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-25
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
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<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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I
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<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 814
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="M001160">
Ms. Moore
</sponsor>
(for
herself,
<cosponsor name-id="B000911">
Ms. Brown of Florida
</cosponsor>
,
<cosponsor name-id="C000714">
Mr. Conyers
</cosponsor>
,
<cosponsor name-id="D000216">
Ms. DeLauro
</cosponsor>
,
<cosponsor name-id="N000147">
Ms. Norton
</cosponsor>
,
<cosponsor name-id="G000551">
Mr. Grijalva
</cosponsor>
,
<cosponsor name-id="B001227">
Mr. Brady of Pennsylvania
</cosponsor>
, and
<cosponsor name-id="S001145">
Ms. Schakowsky
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and Means
</committee-name>
, and in
addition to the Committee on
<committee-name committee-id="HGO00">
Oversight and
Government Reform
</committee-name>
, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To reauthorize and amend the program of block grants to
States for temporary assistance for needy families and related
programs.
</official-title>
</form>
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<section id="HBD8DCC26104B4411B71D4CF93B51E720" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Rewriting to Improve and Secure an
Exit Out of Poverty Act
</short-title>
</quote>
or the
<quote>
<short-title>
RISE Out of Poverty Act
</short-title>
</quote>
.
</text>
</section>
<section id="HDFB9C23660BC4553BF28871B26D553B7">
<enum>
2.
</enum>
<header>
Table of
contents
</header>
<text display-inline="no-display-inline">
The table of contents
of this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="HBD8DCC26104B4411B71D4CF93B51E720" level="section">
Sec. 1. Short title.
</toc-entry>
<toc-entry idref="HDFB9C23660BC4553BF28871B26D553B7" level="section">
Sec. 2. Table of contents.
</toc-entry>
<toc-entry idref="HDAB997CFD4E84159865E2396342ACC1B" level="section">
Sec. 3. References.
</toc-entry>
<toc-entry idref="HDB1CC7A2D4724C758D388350D572857B" level="section">
Sec. 4. State plans required to address whether and how States
will provide assistance to neediest geographic areas.
</toc-entry>
<toc-entry idref="H04C7733CC5724956AD853D3532993E10" level="section">
Sec. 5. Funding of the TANF program.
</toc-entry>
<toc-entry idref="H8D619065B2BA43D9B0A6908853FC2851" level="section">
Sec. 6. Work requirements.
</toc-entry>
<toc-entry idref="H42AABADDDC8F4DA39DCDE50C812BBF1C" level="section">
Sec. 7. Work rules.
</toc-entry>
<toc-entry idref="H1745A68BD48C4573B4889748988C3469" level="section">
Sec. 8. Prohibition on imposing limit of less than 60 months on
duration of assistance.
</toc-entry>
<toc-entry idref="H7015ECFEDB6D4581AD36BD6B81A1ED3B" level="section">
Sec. 9. Response of TANF program to economic
recessions.
</toc-entry>
<toc-entry idref="H80BE9398C6B3456CB6F1CE9437B1A214" level="section">
Sec. 10. Requirement that States use merit-based system in
administration of TANF programs.
</toc-entry>
<toc-entry idref="HE5D43998CA3D40579BCC6B859B4C51E1" level="section">
Sec. 11. Ban on using Federal TANF funds to replace State and
local spending that does not meet the definition of qualified State
expenditures.
</toc-entry>
<toc-entry idref="HFD95A51B7C344F8E81F43B9B295FF536" level="section">
Sec. 12. TANF assistance to meet basic family economic
needs.
</toc-entry>
<toc-entry idref="H054CC302BD944DBBA7A5F1A4F273E8E1" level="section">
Sec. 13. State plans and reports on child poverty.
</toc-entry>
<toc-entry idref="H444AF196DE16487BB663E0B7EF860F7B" level="section">
Sec. 14. Requirement that States adopt standards and procedures
to address domestic and sexual violence among TANF recipients.
</toc-entry>
<toc-entry idref="HC98B4E823A954C4F818B08C0A0C0D5F4" level="section">
Sec. 15. Child care entitlement.
</toc-entry>
<toc-entry idref="HE8D520343D9F4532A7B64E82C0DF4058" level="section">
Sec. 16. Child support enforcement.
</toc-entry>
<toc-entry idref="HEB9982300EE3427F9CF7EA919AA0A97A" level="section">
Sec. 17. State option to extend eligibility for assistance to
children through age 21; prohibition on considering financial aid tied to
education of child in determining eligibility for, or amount of assistance;
prohibition on imposing additional requirements based on educational enrollment
of child.
</toc-entry>
<toc-entry idref="HAA093D2EDFC5441484FC161C44C64B7A" level="section">
Sec. 18. Elimination of certain other bars to TANF
assistance.
</toc-entry>
<toc-entry idref="H30A33F50C5674E64BEEC759C824D9CF6" level="section">
Sec. 19. Effective date.
</toc-entry>
</toc>
</section>
<section id="HDAB997CFD4E84159865E2396342ACC1B">
<enum>
3.
</enum>
<header>
References
</header>
<text display-inline="no-display-inline">
Except as otherwise expressly provided in
this Act, wherever in this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision, the amendment or
repeal shall be considered to be made to a section or other provision of the
Social Security Act.
</text>
</section>
<section id="HDB1CC7A2D4724C758D388350D572857B">
<enum>
4.
</enum>
<header>
State plans
required to address whether and how States will provide assistance to neediest
geographic areas
</header>
<text display-inline="no-display-inline">
Section
402(a)(1)(A)(i) (
<external-xref legal-doc="usc" parsable-cite="usc/42/602">
42 U.S.C. 602(a)(1)(A)(i)
</external-xref>
) is amended by inserting
<quote>
,
including whether and how the State will give priority to providing benefits
and services in areas of the State with the greatest need (such as areas with
the greatest unemployment rates, the greatest poverty rates, and the least job
opportunity to population ratios)
</quote>
before the period.
</text>
</section>
<section id="H04C7733CC5724956AD853D3532993E10">
<enum>
5.
</enum>
<header>
Funding of the
TANF program
</header>
<subsection id="H2D3DCE37AC2A4652BE7DB88EE80ED9F0">
<enum>
(a)
</enum>
<header>
State family
assistance grant
</header>
<paragraph id="H806CD5C178104705A40EF5E7DA463148">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Section 403(a)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/42/603">
42 U.S.C. 603(a)(1)
</external-xref>
) is
amended—
</text>
<subparagraph id="H85D25E3F1EBB46E2BE075305063C2CAA">
<enum>
(A)
</enum>
<text>
in subparagraph
(A), by striking
<quote>
fiscal years 1996,
</quote>
and all that follows through
<quote>
2003,
</quote>
and inserting
<quote>
fiscal year 2013 and each succeeding
fiscal year
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HBA61E46F5DB24E3D91DB6B4520FA60B3">
<enum>
(B)
</enum>
<text>
by striking
subparagraphs (B) and (C) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4E117F376F5549998AD8AA4A205D2BFA" style="OLC">
<subparagraph id="H5796F6E460694729A8FD734412D04673">
<enum>
(B)
</enum>
<header>
State family
assistance grant
</header>
<clause id="H24B179DAF7DD4E98BC653725DC0FD108">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The State family
assistance grant payable to a State for a fiscal year shall be the greater
of—
</text>
<subclause id="HA1991EDEA30E4A8DA15230FB0335CF48">
<enum>
(I)
</enum>
<text>
the adjusted basic
block grant, plus the amount required to be paid to the State under paragraph
(3) (as in effect on September 30, 2010) for fiscal year 2010; or
</text>
</subclause>
<subclause id="H55AD1F9ACC56477E93DF8DB4631DB78A">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
the amount required to be paid to the State
under this paragraph for the preceding fiscal year.
</text>
</subclause>
</clause>
<clause id="H588D6B9419194018ADB1B9E89A9A0C12">
<enum>
(ii)
</enum>
<header>
Adjusted basic
block grant
</header>
<text>
In clause (i), the term
<term>
adjusted block
grant
</term>
means, with respect to a State, the product of—
</text>
<subclause id="H10A0C15F46544A2DB765E3D18FAA2472">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
the amount required to be paid to the State
under this paragraph for fiscal year 2010 (determined without regard to any
reduction pursuant to section 409 or 412(a)(1));
</text>
</subclause>
<subclause id="H3BACB8CC04404DDDA812052B9E2EA159">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
1.00, plus the percentage (if any) by which
the average of the CPI for the 12-month period ending with June of the
preceding fiscal year exceeds the average of the CPI for the 12-month period
ending with June 1996, expressed as a decimal; and
</text>
</subclause>
<subclause id="H7E5E189E213D498D9C0FEA98E85020B5">
<enum>
(III)
</enum>
<text display-inline="yes-display-inline">
1.00, plus the percentage (if any) by which
the most recent estimate by the Bureau of the Census of the population of the
State that has not attained 18 years of age exceeds the most recent estimate by
the Bureau of the Census of that population as of July 1, 1996, expressed as a
decimal.
</text>
</subclause>
</clause>
<clause id="HE7F84929A27D4E908E143DD3529BA33F">
<enum>
(iii)
</enum>
<header>
CPI
defined
</header>
<text>
In clause (ii), the term
<term>
CPI
</term>
means the last
Consumer Price Index for All Urban Consumers published by the Department of
Labor for the period involved.
</text>
</clause>
</subparagraph>
<subparagraph id="H1AA5584F6CC94E00A180C79B7B9C38A5">
<enum>
(C)
</enum>
<header>
Appropriation
</header>
<text display-inline="yes-display-inline">
Out of any money in the Treasury of the
United States not otherwise appropriated, there are appropriated such sums as
are necessary for grants under this paragraph for each fiscal
year.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H5BBF985BF55D4A80849BAD2FCC8A46F1">
<enum>
(2)
</enum>
<header>
Conforming
amendment to eliminate supplemental grants for population increases in certain
States
</header>
<text>
Section 403(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/603">
42 U.S.C. 603(a)
</external-xref>
) is amended by striking
paragraph (3).
</text>
</paragraph>
</subsection>
<subsection id="H433BD64A942E42C3B32BE8545A79F8EC">
<enum>
(b)
</enum>
<header>
Penalty for
failure To maintain effort adjusted for inflation
</header>
<text display-inline="yes-display-inline">
Section 409(a)(7) (
<external-xref legal-doc="usc" parsable-cite="usc/42/609">
42 U.S.C. 609(a)(7)
</external-xref>
) is
amended—
</text>
<paragraph id="HDF5A25E647FC408D82BDBEA6741D4681">
<enum>
(1)
</enum>
<text>
in subparagraph
(A), by inserting
<quote>
the inflation-adjusted
</quote>
before
<quote>
historic
State expenditures
</quote>
; and
</text>
</paragraph>
<paragraph id="H326BF066666A47FB94B442BD5E110DCC">
<enum>
(2)
</enum>
<text>
in subparagraph
(B), by redesignating clauses (iii) through (v) as clauses (iv) through (vi),
respectively, and inserting after clause (ii) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2E803817102D45738C04AC6FEB27902C" style="OLC">
<clause id="HBA15956B2BBD4B66912ADA13CFBF6A86">
<enum>
(iii)
</enum>
<header>
Inflation-adjusted
historic State expenditures
</header>
<text display-inline="yes-display-inline">
The term
<term>
inflation-adjusted historic
State expenditures
</term>
means, with respect to a fiscal year—
</text>
<subclause id="H6C9F0BE0ED4441E08EC3912A9BDD560E">
<enum>
(I)
</enum>
<text>
historic State
expenditures; multiplied by
</text>
</subclause>
<subclause id="H45B4D00AE8484827ABE55AF87618938C">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
1.00, plus (in the case of fiscal year 2014
or any succeeding fiscal year) the percentage (if any) by which the average of
the CPI (as defined in section 403(a)(1)(B)(iii)) for the 12-month period
ending with June of the preceding fiscal year exceeds the average of the CPI
(as so defined) for the 12-month period ending with June 2012, expressed as a
decimal.
</text>
</subclause>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HE34C0F1C168F4489ADB3875E2B49C306">
<enum>
(c)
</enum>
<header>
Modification of
contingency fund
</header>
<paragraph id="H65F54C4FA80C4CCEB55A9FEC034D20BE">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Section 403(b) (
<external-xref legal-doc="usc" parsable-cite="usc/42/603">
42 U.S.C. 603(b)
</external-xref>
) is amended by striking
all that follows paragraph (1) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HEC3F20A25F4346E09228BC32809C0A0F" style="OLC">
<paragraph id="H0815EE381AEC4DE8A2CDF7895BC43CCD">
<enum>
(2)
</enum>
<header>
Grants
</header>
<subparagraph id="HB32BC281C07F40899D555194F82DD5E2">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall make a grant to each eligible State
and each Indian tribe that is an economically needy entity for a calendar
quarter, in an amount equal to 80 percent of the amount (if any) by which the
total amount of relevant expenditures of the entity for the quarter exceeds the
total amount of the relevant expenditures of the entity for the corresponding
quarter in the base year of the entity, subject to paragraph (2).
</text>
</subparagraph>
<subparagraph id="HA28DD6CA289A4848A1AF0DABA60DAC14">
<enum>
(B)
</enum>
<header>
Limitation
</header>
<text>
The
total amount payable to an entity under this subsection for a fiscal year shall
not exceed an amount equal to 25 percent of the amount payable to the
entity—
</text>
<clause id="H1490C73AA62C4955B791E2E2ACF43478">
<enum>
(i)
</enum>
<text>
if
the entity is a State, under section 403(a)(1) for the fiscal year; or
</text>
</clause>
<clause id="HA64F81194FF142BB89FAF0B6BDD48FED">
<enum>
(ii)
</enum>
<text>
if the entity is
an Indian tribe, under section 412(a)(1) for the fiscal year.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H78986342165F4157BB9BE7495EFE1FC5">
<enum>
(3)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
In paragraph (2):
</text>
<subparagraph id="H58D8696D45674140B8FA659D3ACB5180">
<enum>
(A)
</enum>
<header>
Economically
needy entity
</header>
<text display-inline="yes-display-inline">
The term
<term>
economically needy entity
</term>
means an entity with respect to a
calendar quarter—
</text>
<clause id="H3880D7B179694E008A996A4177E18659">
<enum>
(i)
</enum>
<text>
if
the seasonally adjusted average unemployment rate with respect to entity for
the quarter or any of the preceding 4 calendar quarters exceeds 6.5 percent;
or
</text>
</clause>
<clause id="HFEFFDF52A0C74D66AF036C1C3471F519">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
in the case that the unemployment rate
information described in clause (i) is not available with respect to the
entity, if the entity meets such qualifications as the Secretary, in
consultation with the Secretary of Labor, shall, by regulation,
prescribe.
</text>
</clause>
</subparagraph>
<subparagraph id="H5B5A44DE688241279865622F278ADBC9">
<enum>
(B)
</enum>
<header>
Base
year
</header>
<text>
The term
<term>
base year
</term>
means, with respect to an
entity, and a calendar quarter in a fiscal year—
</text>
<clause id="HA5FE4CADFAA448FB8C789795BB549620">
<enum>
(i)
</enum>
<text>
except as provided
in clause (ii), whichever of the 2 fiscal years most recently preceding the 1st
fiscal year of the most recent contingency fund eligibility period for the
entity, is the fiscal year in which the relevant expenditures of the entity
were the lesser; or
</text>
</clause>
<clause id="H1800DCAD38E546D69A641C90C303B3D5">
<enum>
(ii)
</enum>
<text>
if the 1st year
of the period referred to in clause (i) is fiscal year 2013, whichever of
fiscal year 2007 or 2008 is the fiscal year in which the relevant expenditures
of the entity were the lesser.
</text>
</clause>
</subparagraph>
<subparagraph id="H40F2CA26F69B4C418B6A6047BBE70132">
<enum>
(C)
</enum>
<header>
Contingency fund
eligibility period
</header>
<text display-inline="yes-display-inline">
The term
<term>
contingency fund eligibility period
</term>
means, with respect to an
entity, a period of 1 or more consecutive calendar quarters for which the
entity is an economically needy entity.
</text>
</subparagraph>
<subparagraph id="HAA8A2411D92641B0882AD0663F621352">
<enum>
(D)
</enum>
<header>
Relevant
expenditures
</header>
<clause id="HCE9DEDAE9C2F4874BABF613A289E7874">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
The term
<term>
relevant expenditures
</term>
means
expenditures—
</text>
<subclause id="HCBD95DD24AE44A6C99DA5BB39BA2DFFF">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
for assistance under the program funded
under this part of the entity (including, in the case of a State, any qualified
State expenditures (as defined in section 409(a)(7)(B)(i)) and any expenditures
under any other State program funded by such expenditures);
</text>
</subclause>
<subclause id="HDAF7524B49E34155ADF7EA8E6C89A2AB">
<enum>
(II)
</enum>
<text>
for child
care;
</text>
</subclause>
<subclause id="H1271E9E90BFD4619A1E7A432DEAC83FE">
<enum>
(III)
</enum>
<text display-inline="yes-display-inline">
for subsidized employment under the program
funded under this part of the entity (including, in the case of a State, such
expenditures under any other State program funded by qualified State
expenditures (as defined in section 409(a)(7)(B)(i))), other than expenditures
made using Federal funds or with respect to which the entity received a grant
made under paragraph (3) of this subsection; and
</text>
</subclause>
<subclause id="H375BC9AB2F8146168111D2544A34CFF3">
<enum>
(IV)
</enum>
<text>
for
administrative costs associated with making the expenditures referred to in the
preceding subclauses of this clause.
</text>
</subclause>
</clause>
<clause id="H778A264E7B214029ACA62E076320B771">
<enum>
(ii)
</enum>
<header>
Child care
expenditures
</header>
<text display-inline="yes-display-inline">
For purposes of
clause (i), expenditures for child care consist of the following:
</text>
<subclause id="H18830FD156434606B92CFA73836B4618">
<enum>
(I)
</enum>
<text>
Amounts
transferred under section 404(d)(1)(B).
</text>
</subclause>
<subclause id="H1174EA87919545F2A85171A2816E7B34">
<enum>
(II)
</enum>
<text>
Expenditures for
child care assistance from Federal funds provided under this part.
</text>
</subclause>
<subclause id="H3463EDD5A0BA438C999B8A5CD89B11AA">
<enum>
(III)
</enum>
<text>
In the case of
an entity that is a State, expenditures for child care assistance that are
qualified State expenditures (as defined in section 409(a)(7)(B)(i)), but only
to the extent exceeding the total expenditures of the State (other than from
Federal funds) for child care in fiscal year 1994 or 1995 (whichever is the
greater).
</text>
</subclause>
</clause>
<clause id="HA40AC1669CFE498390E7A2C871F2A1AB">
<enum>
(iii)
</enum>
<header>
Authority to
collect and adjust data
</header>
<text display-inline="yes-display-inline">
In
determining the amount of the expenditures of a State for basic assistance,
child care, and subsidized employment, during any period for which the State
requests funds under this subsection, and during the base year of the State,
the Secretary may make appropriate adjustments to the data, on a State-by-State
basis, to ensure that the data are comparable with respect to the groups of
families served and the types of aid provided. The Secretary may develop a
mechanism for collecting expenditure data, including procedures which allow
States to make reasonable estimates, and may set deadlines for making revisions
to the data.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HB87665CBD4CC46FE867F9558D28A9D71">
<enum>
(4)
</enum>
<header>
Use of
grant
</header>
<text display-inline="yes-display-inline">
Each State to which a
grant is made under this subsection shall use the grant to serve areas of the
State with the greatest need (as referred to in section 402(a)(1)(A)).
</text>
</paragraph>
<paragraph id="H6C2EC3AD9B4044B68EF1423E997A3C99">
<enum>
(5)
</enum>
<header>
Appropriation
</header>
<subparagraph id="H8E9C3318469A45C3B98A834FF26E1E86">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Out of any funds in the Treasury of the United States not
otherwise appropriated, there are appropriated for payment to the Fund—
</text>
<clause id="HDCCA2225C1A549CC90E00F5F01A5BE5D">
<enum>
(i)
</enum>
<text>
$2,500,000,000 for
fiscal year 2013; and
</text>
</clause>
<clause id="HCEF07EC2B2A74D42B80438A0C2EBE802">
<enum>
(ii)
</enum>
<text>
for each
succeeding fiscal year, the amount appropriated under this paragraph for the
then preceding fiscal year, increased by the percentage (if any) by which the
amount appropriated under section 403(a)(1) for the fiscal year involved
exceeds the amount appropriated under such section for the then preceding
fiscal year.
</text>
</clause>
</subparagraph>
<subparagraph id="HD8E4E203ABA542069D6B864E16E6CBCE">
<enum>
(B)
</enum>
<header>
Availability
</header>
<text>
Amounts
made available under this paragraph for a fiscal year shall remain available
until expended.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5DE717696EA441B8808E2BCA8A37273A">
<enum>
(6)
</enum>
<header>
Actions to be
taken in anticipation of exhaustion of fund
</header>
<text>
The Secretary shall
monitor the amount in, and the rate at which amounts are paid from, the Fund,
and if the Secretary determines that the Fund will be exhausted within 6
months, the Secretary shall—
</text>
<subparagraph id="H5AE63732F78E4001B5EB3CB6C57FFC3C">
<enum>
(A)
</enum>
<text>
notify the
Congress of the determination; and
</text>
</subparagraph>
<subparagraph id="H71621E011A8C42BB9A0E5DABE0257A35">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
develop and communicate to each State and
Indian tribe that is an economically needy entity as of the date of the
determination, the procedure for allocating amounts in the Fund among such
entities.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H428D29931F554B378E4F5BB37E1B0207">
<enum>
(2)
</enum>
<header>
Elimination of
penalty for failure of state receiving amounts from contingency fund to
maintain 100 percent of historic effort
</header>
<subparagraph id="HF4D25A220392416C814B214E992A693D">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Section 409(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/609">
42 U.S.C. 609(a)
</external-xref>
) is amended by striking
paragraph (10) and redesignating paragraphs (11) through (16) as paragraphs
(10) through (15), respectively.
</text>
</subparagraph>
<subparagraph id="H1B57236D1EEA47D8897CF5974743F617">
<enum>
(B)
</enum>
<header>
Conforming
amendments
</header>
<text>
Section 409 (
<external-xref legal-doc="usc" parsable-cite="usc/42/609">
42 U.S.C. 609
</external-xref>
) is amended in each of
subsections (b)(2) and (c)(4), by striking
<quote>
(10), (12), or (13)
</quote>
and inserting
<quote>
(11), or (12)
</quote>
.
</text>
</subparagraph>
</paragraph>
<paragraph id="H9D89B55CDAFB4C42898F9D49614C336A">
<enum>
(3)
</enum>
<header>
Conforming
amendment
</header>
<text>
Section 409(a)(3)(C) (
<external-xref legal-doc="usc" parsable-cite="usc/42/609">
42 U.S.C. 609(a)(3)(C)
</external-xref>
) is
amended by striking
<quote>
needy State (as defined in section
403(b)(6))
</quote>
and inserting
<quote>
economically needy entity (as defined
in section 403(b)(3)(A))
</quote>
.
</text>
</paragraph>
<paragraph id="H610C0BA717D84A83AC8753DD0DABB95A">
<enum>
(4)
</enum>
<header>
Amounts provided
to territories from the Contingency Fund to be disregarded for purposes of
limitation on payments to the territories
</header>
<text display-inline="yes-display-inline">
Section 1108(a)(2) (
<external-xref legal-doc="usc" parsable-cite="usc/42/1308">
42 U.S.C. 1308(a)(2)
</external-xref>
)
is amended by inserting
<quote>
403(b),
</quote>
before
<quote>
406,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H77B88C2BA934493B86C1460C0047B93E">
<enum>
(d)
</enum>
<header>
Matching grants
for subsidized employment
</header>
<paragraph id="H615DAA762ECB436EA313DBFDEB715DF6">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Section 403(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/603">
42 U.S.C. 603(a)
</external-xref>
), as amended by
subsection (a)(2) of this section, is further amended by inserting after
paragraph (2) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H44E47FBCC3364B2395744CB7CB08B985" style="OLC">
<paragraph id="H20BBE7347FDD4819B9DEA3FA7E9C3981">
<enum>
(3)
</enum>
<header>
Matching grants
for subsidized employment
</header>
<subparagraph id="H7458C1CD962B4EF4B908F35D94BBD60C">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Secretary shall
make a grant—
</text>
<clause id="H79B8C2249B4B4353AAE0DD5211BAB33A">
<enum>
(i)
</enum>
<text>
to
each eligible State that is 1 of the 50 States or the District of Columbia, for
each fiscal year for which the State is an MOE State; and
</text>
</clause>
<clause id="HD0EA1F75BDA9428CBEA1E94FD9842FC4">
<enum>
(ii)
</enum>
<text>
to each State
that is not 1 of the 50 States or the District of Columbia, and to each Indian
tribe, for each fiscal year for which the State or tribe, as the case may be,
meets such terms and conditions as the Secretary shall, by regulation,
establish, which shall be comparable to the terms and conditions under which
grants are made under clause (i).
</text>
</clause>
</subparagraph>
<subparagraph id="HF902B91FD1964291A5F7109C7BC4D221">
<enum>
(B)
</enum>
<header>
MOE
State
</header>
<text>
In subparagraph (A), the term
<term>
MOE State
</term>
means
a State if the qualified expenditures of the State (as defined in section
409(a)(7)(B)(i)) for the fiscal year exceeds the applicable percentage (as
defined in clause (ii) of such section) of inflation-adjusted historic State
expenditures (as defined in clause (iii) of such section) of the State with
respect to the fiscal year.
</text>
</subparagraph>
<subparagraph id="HFE4B48F51A83469A95686EE37532DCA2">
<enum>
(C)
</enum>
<header>
Amount of
grant
</header>
<clause id="HE2F6174DDC1E47A1A9098C92C09374BA">
<enum>
(i)
</enum>
<header>
States
</header>
<subclause id="HAA6E837120744A259F65BFCDCCEE3C0B">
<enum>
(I)
</enum>
<header>
In
general
</header>
<text>
The grant to be made to a State under subparagraph (A)(i)
for a fiscal year shall be in an amount equal to 50 percent of the excess
expenditures of the State for subsidized employment during the fiscal
year.
</text>
</subclause>
<subclause id="HCFBA6D4AB1B44661BB060C5C51304CD3">
<enum>
(II)
</enum>
<header>
Excess
expenditures of the State for subsidized employment
</header>
<text>
The term
<term>
excess expenditures of the State for subsidized employment
</term>
means,
with respect to a fiscal year, the lesser of—
</text>
<item id="H114CDA995A6D40FA99492D8B650B50B4">
<enum>
(aa)
</enum>
<text>
the
excess described in subparagraph (B) with respect to the State for the fiscal
year; or
</text>
</item>
<item id="H8179BEE4D12146AFB496F2F46F3A5A5A">
<enum>
(bb)
</enum>
<text display-inline="yes-display-inline">
an amount equal to the total expenditures
of the State for subsidized employment funded under this part or under any
other State program funded by qualified State expenditures (as defined in
section 409(a)(7)(B)(i)), excluding those with respect to which a grant is made
to the State under subsection (b) of this section, during the fiscal
year.
</text>
</item>
</subclause>
</clause>
<clause id="H3293529170DB4CE4A7A9F417B1DDBDF5">
<enum>
(ii)
</enum>
<header>
Indian
tribes
</header>
<text>
The grant to be made to an Indian tribe under this
paragraph shall be in such amount as the Secretary deems appropriate.
</text>
</clause>
</subparagraph>
<subparagraph id="H33A4C6798DC94925817AC1E13781BCC6">
<enum>
(D)
</enum>
<header>
Use of
grant
</header>
<text display-inline="yes-display-inline">
Notwithstanding section
404, a State or Indian tribe to which a grant is made under this paragraph
shall use the grant solely to finance subsidized employment activities, and to
serve areas of the State with the greatest need (as referred to in section
402(a)(1)(A)).
</text>
</subparagraph>
<subparagraph id="H88BE4D391E8B4E7BB8CD5D970DD4F0F2">
<enum>
(E)
</enum>
<header>
Appropriation
</header>
<text>
Out
of any funds in the Treasury of the United States not otherwise appropriated,
there are appropriated such sums as are necessary for grants under this
paragraph for each fiscal
year.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph display-inline="no-display-inline" id="H1D9C14664C974DA0960D7BA22C08D059">
<enum>
(2)
</enum>
<header>
Amounts provided
to territories from the matching grant to be disregarded for purposes of
limitation on payments to the territories
</header>
<text display-inline="yes-display-inline">
Section 1108(a)(2) (
<external-xref legal-doc="usc" parsable-cite="usc/42/1308">
42 U.S.C. 1308(a)(2)
</external-xref>
)
is amended by inserting
<quote>
403(a)(3),
</quote>
after
<quote>
403(a)(2),
</quote>
.
</text>
</paragraph>
<paragraph id="H0363ECAC11DE418BBB65BC4976241263">
<enum>
(3)
</enum>
<header>
Data reports
required with respect to families that include an individual participating in
subsidized employment programs
</header>
<text>
Section 411(a)(1)(A) (42 U.S.C.
611(a)(1)(A)) is amended, in the matter before clause (i), by inserting
<quote>
, and families that include an individual participating in subsidized
employment funded with Federal funds or qualified State expenditures (as so
defined)
</quote>
before the colon.
</text>
</paragraph>
</subsection>
<subsection id="H815B1CAF98D243638CCA94BE5E51EB9C">
<enum>
(e)
</enum>
<header>
Tribal family
assistance grants
</header>
<text>
Section 412(a)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/42/612">
42 U.S.C. 612(a)(1)
</external-xref>
) is
amended—
</text>
<paragraph id="H637E83DF041D4B91AB08ED655CA8C04D">
<enum>
(1)
</enum>
<text>
in subparagraph
(A), by striking
<quote>
fiscal year 2012
</quote>
and inserting
<quote>
each
fiscal year
</quote>
; and
</text>
</paragraph>
<paragraph id="H047A946F86E04BC298C6E53F27BA5B53">
<enum>
(2)
</enum>
<text>
in subparagraph
(B)—
</text>
<subparagraph id="H73C4E43A61A446B0A8B9DBA7818CA73C">
<enum>
(A)
</enum>
<text>
by redesignating
clause (ii) as clause (iii); and
</text>
</subparagraph>
<subparagraph id="H6A52A964970642BDA0D5D5B6E1625390">
<enum>
(B)
</enum>
<text>
by striking clause
(i) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD7984B6016374C7292AA966C41051B97" style="OLC">
<clause id="HF65914882AB0421BAE2A5FA64D963C70">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The amount determined
under this subparagraph for a fiscal year is an amount equal to the sum of the
adjusted historic expenditures for the fiscal year with respect to each State
in which there lies a service area of the Indian tribe is located.
</text>
</clause>
<clause id="H5CCB96FC1CF0474DAC0098B13EC2FC7C">
<enum>
(ii)
</enum>
<header>
Adjusted
historic expenditures defined
</header>
<text display-inline="yes-display-inline">
In clause (i), the term
<term>
adjusted
historic expenditures
</term>
means, with respect to a fiscal year, a State, and
an Indian tribe, the total amount of the Federal payments to the State under
section 403 (as then in effect) for fiscal year 1994 attributable to
expenditures (other than child care expenditures) by the State under parts A
and F (as so in effect) for fiscal year 1994 for Indian families residing in
the service areas identified by the tribe pursuant to subsection (b)(1)(C) of
this section that are in the State, increased by the percentage (if any) by
which the amount of the grant payable under section 403(a)(1) for the fiscal
year to the State exceeds the amount of the grant so payable to the State for
fiscal year
2010.
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H557946CE4DC74FC0B6EE5544D5821701">
<enum>
(f)
</enum>
<header>
Census bureau
study
</header>
<text>
Section 414 (
<external-xref legal-doc="usc" parsable-cite="usc/42/614">
42 U.S.C. 614
</external-xref>
) is amended—
</text>
<paragraph id="HACEF3BB17B4F459883AF29F0BFDF46BC">
<enum>
(1)
</enum>
<text>
by striking
subsection (a) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF38A6B6F7982497E94B14B7E8B4D12A3" style="OLC">
<subsection id="H413C56171C4D41A2B71196A179097C90">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Director of the
Bureau of the Census shall conduct a study to assess the effects of policies
and programs related to low-income families, including policies and programs
under State programs funded under this part or funded with qualified State
expenditures (as defined in section 409(a)(7)(B)(i)), including changes and
policies in such programs made pursuant to the Rewriting to Improve and Secure
an Exit Out of Poverty Act. The Director shall design the study in consultation
with the Secretary. Every 5 years, the Director shall, in consultation with the
Secretary, revise the content and nature of the study to reflect emerging
policy issues related to low-income
families.
</text>
</subsection>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HF75797FBFA0B4F93B042AC0895398D99">
<enum>
(2)
</enum>
<text>
in subsection (b),
by striking
<quote>
fiscal year 2012
</quote>
and inserting
<quote>
each fiscal
year
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HB02ECEA5C2394720B065381652004F18">
<enum>
(g)
</enum>
<header>
Funding of
studies and evaluations
</header>
<text display-inline="yes-display-inline">
Section 413(h)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/42/613">
42 U.S.C. 613(h)(1)
</external-xref>
) is
amended by striking
<quote>
fiscal year 2012
</quote>
and inserting
<quote>
each
fiscal year
</quote>
.
</text>
</subsection>
<subsection id="H7E3C2C4A775A4263B1D4807AC733808E">
<enum>
(h)
</enum>
<header>
Matching grants
to certain territories
</header>
<text display-inline="yes-display-inline">
Section 1108 (
<external-xref legal-doc="usc" parsable-cite="usc/42/1308">
42 U.S.C. 1308
</external-xref>
) is
amended—
</text>
<paragraph id="H2793E9D749374952987010A80DD18D6A">
<enum>
(1)
</enum>
<text>
in subsection
(a)(2), by inserting
<quote>
section 403(a)(1) (to the extent exceeding the
amount required to be so paid to the territory for fiscal year 2011),
</quote>
before
<quote>
403(a)(2)
</quote>
; and
</text>
</paragraph>
<paragraph id="HAAE9B1C6413841E0BE6C7BC31E1890D4">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in subsection (b)(2), by striking
<quote>
fiscal year 2012
</quote>
and inserting
<quote>
each fiscal
year
</quote>
.
</text>
</paragraph>
</subsection>
</section>
<section id="H8D619065B2BA43D9B0A6908853FC2851">
<enum>
6.
</enum>
<header>
Work
requirements
</header>
<subsection id="HC6509DB3018E4638B0F1291B0B6CDB58">
<enum>
(a)
</enum>
<header>
Participation
rate requirement
</header>
<text display-inline="yes-display-inline">
Section 407
(
<external-xref legal-doc="usc" parsable-cite="usc/42/607">
42 U.S.C. 607
</external-xref>
) is amended by striking subsections (a) and (b) and inserting
the following:
</text>
<quoted-block display-inline="no-display-inline" id="HAA0A51E6C88449EFAA770887FB145B06" style="OLC">
<subsection id="H4471880FCB994C66913A3963B6F46181">
<enum>
(a)
</enum>
<header>
Participation
rate requirement
</header>
<paragraph id="HFAC57E65733B4DF6B8FBB5DF262355E4">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
A State to which a grant is made under section 403 for a
fiscal year shall achieve a minimum participation rate of 50 percent with
respect to all families residing in the State that include a work-eligible
individual.
</text>
</paragraph>
<paragraph id="H060CBAAB90724E2EBAF3A20A698BA6A7">
<enum>
(2)
</enum>
<header>
Work-eligible
individual defined
</header>
<subparagraph id="HEC7509F5E156445B9EE7DA172A445A7F">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
In subsection (a), the term
<term>
work-eligible
individual
</term>
, subject to subparagraphs (B) and (C), means—
</text>
<clause id="H437F310AE55C4530A6272DD89A56EF1B">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
an adult recipient of assistance under the
State program funded under this part or under any other State program funded by
qualified State expenditures (as defined in section 409(a)(7)(B)(i));
</text>
</clause>
<clause id="H910E421C20BD4ACFB9F710DD33706505">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
a former recipient of such assistance who
is—
</text>
<subclause id="H664A849043F54FCDB1755896E8AABEA7">
<enum>
(I)
</enum>
<text>
a parent of a
dependent child who is such a recipient; and
</text>
</subclause>
<subclause id="H71A41C4A077642BAAFDFDC3F94969013">
<enum>
(II)
</enum>
<text>
no longer
eligible for assistance under the State program funded under this part by
reason of section 408(a)(7); and
</text>
</subclause>
</clause>
<clause id="HBB552FC52AF34C4EACC89BECF1C84D45">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
a participant in a subsidized employment
program funded under this part or under any other State program funded by
qualified State expenditures (as defined in section 409(a)(7)(B)(i)).
</text>
</clause>
</subparagraph>
<subparagraph id="H0161B101EBA4435AB5083520C7D8C127">
<enum>
(B)
</enum>
<header>
Exclusion of
individuals sanctioned or undergoing pre-sanction review
</header>
<text>
The term
<term>
work-eligible individual
</term>
does not include any individual with
respect to whom—
</text>
<clause id="H0942460C12644A8AB66ECFC620318E13">
<enum>
(i)
</enum>
<text>
there is in effect
a penalty imposed by the State under subsection (e) of this section; or
</text>
</clause>
<clause id="H5CFB15ED5F134519BC1439CC2349131C">
<enum>
(ii)
</enum>
<text>
the State has
initiated (but not completed) the pre-sanction review process pursuant to
section 408(a)(14)(A).
</text>
</clause>
</subparagraph>
<subparagraph id="H3A2055C643D24700891A10CD3E550599">
<enum>
(C)
</enum>
<header>
State option to
exclude certain individuals
</header>
<text display-inline="yes-display-inline">
A
State may exclude from the term
<term>
work-eligible individual
</term>
any
resident of the State who is—
</text>
<clause id="H6ADB76E7287D4C53A21CEBEC7173B00B">
<enum>
(i)
</enum>
<text>
a
single parent caring for a child who has not attained 1 year of age;
</text>
</clause>
<clause id="HA3A21336162F49A69549A69402BBB46A">
<enum>
(ii)
</enum>
<text>
a
recipient of supplemental security income benefits under title XVI, disability
insurance benefits under title II, or other Federal or State benefits based on
disability;
</text>
</clause>
<clause id="HDCF2DBAE5B804391AD9507D9F2B6F2A2">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
an applicant for supplemental security
income benefits under title XVI;
</text>
</clause>
<clause id="HFB9F1CF7D31C4216925C0C6969701D83">
<enum>
(iv)
</enum>
<text>
an individual who
is needed in the home of the individual to care for a disabled member of the
family of the individual; or
</text>
</clause>
<clause id="HD2EC93F07CA6470CA5676C9EC8E44E66">
<enum>
(v)
</enum>
<text display-inline="yes-display-inline">
an individual who (but for the exercise of
the State option under this clause) would be a work-eligible individual under a
tribal family assistance plan approved under section 412 or under a tribal work
program to which funds are provided under this part.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HF894462F0429428D8E35D69194D588C0">
<enum>
(b)
</enum>
<header>
Calculation of
participation rates
</header>
<paragraph id="HBB6E437A5EAE4605849FACD79AC7A397">
<enum>
(1)
</enum>
<header>
Average monthly
rate
</header>
<text>
For purposes of subsection (a), the participation rate of a
State for a fiscal year is the average of the participation rates of the State
for each month in the fiscal year.
</text>
</paragraph>
<paragraph id="H25239E97B58E4A4F91B70AD0172B3ED3">
<enum>
(2)
</enum>
<header>
Monthly
participation rate
</header>
<text>
For purposes of paragraph (1), the
participation rate of a State for a month, expressed as a percentage,
is—
</text>
<subparagraph id="H01D004515DF943E58043A98AEDB2FDBC">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the number of families residing in the
State that include a work-eligible individual who is engaged in work for the
month; divided by
</text>
</subparagraph>
<subparagraph id="H06B04B582D6345EAA0919592005FA6E6">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the number of families residing in the
State that include a work-eligible
individual.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H1A672AD9188748CFAD92001079BD5C86">
<enum>
(b)
</enum>
<header>
Participation
requirements
</header>
<text>
Section 407(c) (
<external-xref legal-doc="usc" parsable-cite="usc/42/607">
42 U.S.C. 607(c)
</external-xref>
) is amended to read
as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H3AF9A7BB1F784A62A47545FE23EF68E1" style="OLC">
<subsection id="H2CF2BE982C5B451EB3AD675F846B6C2E">
<enum>
(c)
</enum>
<header>
Engaged in
work
</header>
<text display-inline="yes-display-inline">
For purposes of
subsection (b):
</text>
<paragraph id="H1A6EFA5FE2BF46608C85495D0A2975C8">
<enum>
(1)
</enum>
<header>
General
rule
</header>
<text display-inline="yes-display-inline">
An individual is engaged
in work for a month in a fiscal year if the recipient is participating in work
activities for an average of at least 20 hours per week during the
month.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H801F63A7B08346CD9BE90908EBEBA6AF">
<enum>
(2)
</enum>
<header display-inline="yes-display-inline">
Individuals complying with a modified
employability plan deemed to be engaged in work
</header>
<text display-inline="yes-display-inline">
An individual is deemed to be engaged in
work for a month if the State determines that the individual is in substantial
compliance with the activities and hourly participation requirements of a
modified employability plan developed for the individual in accordance with
section 408(h).
</text>
</paragraph>
<paragraph id="H7C944A194D724985AE8C312EF3E4DFE3">
<enum>
(3)
</enum>
<header>
Single teen head
of household or married teen who maintains satisfactory school attendance
deemed to be engaged in work
</header>
<text>
An individual who is married or a
head of household and has not attained 20 years of age is deemed to be engaged
in work for a month if the recipient maintains satisfactory attendance at
secondary school or the equivalent during the
month.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H45C4E8D75B7A461CAE95B19579F7FDC5">
<enum>
(c)
</enum>
<header>
Elimination of
12-Month limit on counting vocational educational training as a work
activity
</header>
<text display-inline="yes-display-inline">
Section 407(d)(8)
(
<external-xref legal-doc="usc" parsable-cite="usc/42/607">
42 U.S.C. 607(d)(8)
</external-xref>
) is amended by striking
<quote>
(not to exceed 12 months
with respect to any individual)
</quote>
.
</text>
</subsection>
</section>
<section id="H42AABADDDC8F4DA39DCDE50C812BBF1C">
<enum>
7.
</enum>
<header>
Work
rules
</header>
<subsection id="H0476E18A9C304E078BBCF15B05DFCEE3">
<enum>
(a)
</enum>
<header>
Option of
recipient To have trained personnel assess certain barriers to employment;
additional matters required To be assessed
</header>
<text display-inline="yes-display-inline">
Section 408(b)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(b)(1)
</external-xref>
) is
amended—
</text>
<paragraph id="HC867223EF0844D62A99EF81E30CCB63A">
<enum>
(1)
</enum>
<text>
by inserting
<quote>
(which, at the option of the recipient, shall be conducted by trained
personnel with respect to barriers to employment specified by the
recipient)
</quote>
after
<quote>
assessment
</quote>
; and
</text>
</paragraph>
<paragraph id="H491A0D05305B435AA4FF60A29B98DF93">
<enum>
(2)
</enum>
<text>
by striking
<quote>
and employability
</quote>
and inserting
<quote>
employability, physical
and mental impairments, English proficiency, child care needs, and whether the
recipient is a victim of domestic or sexual violence,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H0105CBFD1B5D48579BA23BB2E35749D2">
<enum>
(b)
</enum>
<header>
Individual
responsibility plans
</header>
<paragraph id="HDD77B8E20D5A449EB47DF5C6B7D31705">
<enum>
(1)
</enum>
<header>
Plans required;
plans to include well-being plans for children
</header>
<text display-inline="yes-display-inline">
Section 408(b)(2)(A) (42 U.S.C.
608(b)(2)(A)) is amended—
</text>
<subparagraph id="H8B4BC1DFEF274EF2A746A01897140630">
<enum>
(A)
</enum>
<text>
in the matter
preceding clause (i), by striking
<quote>
may
</quote>
and inserting
<quote>
shall
</quote>
;
</text>
</subparagraph>
<subparagraph id="H5BE87758CE744990BA55FCC5FA6C1B1D">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in clause (iv)—
</text>
<clause id="H90CD81907D534823879D2D77FF7965D0">
<enum>
(i)
</enum>
<text>
by
inserting
<quote>
, supports,
</quote>
after
<quote>
counseling
</quote>
;
and
</text>
</clause>
<clause id="H539E0516BC0E4AF482FFC37F64A04F65">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
and
</quote>
at the end;
</text>
</clause>
</subparagraph>
<subparagraph id="H8120524520B746C0A6E18FC676483C79">
<enum>
(C)
</enum>
<text>
in clause (v), by
striking the period and inserting
<quote>
; and
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HAC5A15E8621742D893C9C51B7530936E">
<enum>
(D)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H07D76E7594B348D0A2A8C9EB419A3EC3" style="OLC">
<clause id="H43D8FE892AD7491C9362E048BFC31379">
<enum>
(vi)
</enum>
<text display-inline="yes-display-inline">
describe a well-being plan for each child
in the
family.
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H6B5319337B8C4230B6766252B8A6CB99">
<enum>
(2)
</enum>
<header>
Deadline for
completion of plan
</header>
<text display-inline="yes-display-inline">
Section
408(b)(2)(B) (
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(b)(2)(B)
</external-xref>
) is amended by striking
<quote>
individual—
</quote>
and all that follows and inserting
<quote>
individual
within 90 days after the individual is determined eligible for the
assistance.
</quote>
.
</text>
</paragraph>
<paragraph id="H0CE4E4467F584BD7A658869B24A02CD3">
<enum>
(3)
</enum>
<header>
Sanction for
failure of State to develop plan
</header>
<text>
Section 409(a) (42 U.S.C.
609(a)), as amended by section 5(c)(2)(A) of this Act, is amended by adding at
the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HAB7367F3A9E84FDBBDF8AB84DFB20AEA" style="OLC">
<paragraph id="HD39FA5EE0CB04D438A8F4DC563F6F629">
<enum>
(16)
</enum>
<header>
Penalty for
failure of State to develop required individual responsibility plan
</header>
<subparagraph id="H1F8BF5C39BAF40D09ECF4BC4407438DB">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
If the Secretary
determines that a State to which a grant is made under section 403 in a fiscal
year has violated section 408(b)(2) during the fiscal year, the Secretary shall
reduce the grant payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year by an amount equal to not more than 5
percent of the State family assistance grant.
</text>
</subparagraph>
<subparagraph id="H8708BC064088495FB0706C5F60520231">
<enum>
(B)
</enum>
<header>
Penalty based on
severity of failure
</header>
<text>
The Secretary shall impose reductions under
subparagraph (A) with respect to a fiscal year based on the degree of
noncompliance.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H783AEC80F97349838518F3A3E5DE584B">
<enum>
(4)
</enum>
<header>
Conforming
amendment
</header>
<text>
Section 408(b) (
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(b)
</external-xref>
) is amended by
striking paragraph (4).
</text>
</paragraph>
</subsection>
<subsection id="H3825C4BCFABE49478ACC7D15D1BA9CA5">
<enum>
(c)
</enum>
<header>
Modified
employability plans for certain individuals with disabilities
</header>
<text display-inline="yes-display-inline">
Section 408 (
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608
</external-xref>
) is amended by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H378BF80210394427AD80B6B16198B70B" style="OLC">
<subsection commented="no" display-inline="no-display-inline" id="H608B4F3639FA41B39CC84CDEFFA132DB">
<enum>
(h)
</enum>
<header display-inline="yes-display-inline">
Authority To develop modified employability
plan for a recipient of assistance with, or caring for a family member with, a
disability
</header>
<paragraph commented="no" display-inline="no-display-inline" id="H27CA6F8FD2F74B5A846C8CDA18764267">
<enum>
(1)
</enum>
<header display-inline="yes-display-inline">
In general
</header>
<text display-inline="yes-display-inline">
A State may develop a modified
employability plan for a recipient of assistance under the State program funded
under this part—
</text>
<subparagraph id="HD3004838CFE24592A4B6BE0FE1CDD721">
<enum>
(A)
</enum>
<text>
who—
</text>
<clause id="HB773AAFA8B304837B0B081C7DE954541">
<enum>
(i)
</enum>
<text>
is
a work-eligible individual (as defined in section 407(a)(2)); and
</text>
</clause>
<clause id="HB287BA6253D344188E643A43946DAB78">
<enum>
(ii)
</enum>
<text>
has been
determined by a qualified medical, mental health, addiction, or social services
professional (as determined by the State) to have a disability; or
</text>
</clause>
</subparagraph>
<subparagraph id="H39046A1D7B424F8487FDDB1F523157AD">
<enum>
(B)
</enum>
<text>
who is caring for
a family member with a disability (as so determined).
</text>
</subparagraph>
</paragraph>
<paragraph id="H3B53E6D9C2BC4A2297B18E19246BC07B">
<enum>
(2)
</enum>
<header>
Contents of
plan
</header>
<text>
The modified employability plan shall—
</text>
<subparagraph commented="no" display-inline="no-display-inline" id="HEDDEE6B893B3402D81A23BCCE3D4BCBA">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
include a determination that, because of
the disability of the recipient or the individual for whom the recipient is
caring, reasonable modification of work activities, hourly participation
requirements, or both, is needed in order for the recipient to participate in
the activities;
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HD5359B526F6949A7899A5F01B43BB1FB">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
describe the modified work activities in
which the recipient is required to participate;
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H27840EDDA2024282AEACB1D622720A1A">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
specify the number of hours per week for
which the recipient is required to participate in the modified work activities,
based on an evaluation by the State of the circumstances of the family;
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H4361DE7C90D8471FA317CCAF40A38E76">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
describe the services, supports, and
modifications that the State will provide to the recipient or the family of the
recipient;
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H3518C1816EB441E19DC657C094661E27">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
be developed in cooperation with the
recipient; and
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H3E78602201D24671B4CA806B762865A3">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
be reviewed not less often than every 6
months.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H00A25F3E075942998348EBE23BECBAAF">
<enum>
(3)
</enum>
<header display-inline="yes-display-inline">
Definitions
</header>
<text display-inline="yes-display-inline">
In this subsection:
</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H8EE46AAC092E49D3AB25D4EDF071E1A0">
<enum>
(A)
</enum>
<header display-inline="yes-display-inline">
Disability
</header>
<text display-inline="yes-display-inline">
The term
<term>
disability
</term>
means a
mental or physical impairment, including substance abuse or addiction,
that—
</text>
<clause commented="no" display-inline="no-display-inline" id="HB6C28EC3BFC94656BF2F2A7AA57F505B">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
constitutes or results in a substantial
impediment to employment; or
</text>
</clause>
<clause commented="no" display-inline="no-display-inline" id="HF12A13DCFB5D43DD9A1C057F9A1BA8E4">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
substantially limits 1 or more major life
activities.
</text>
</clause>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H4F637779D6B8497792BB05126A5A81C7">
<enum>
(B)
</enum>
<header display-inline="yes-display-inline">
Modified work activities
</header>
<text display-inline="yes-display-inline">
The term
<term>
modified work
activities
</term>
means activities which the State has determined will help the
recipient become
employable.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H46098F62071E4E42A7DF14AA996CDC82">
<enum>
(d)
</enum>
<header>
Sanctions
</header>
<paragraph id="H6E2EB8B753784F06AD1214A83AFFEFE0">
<enum>
(1)
</enum>
<header>
General sanction
provisions
</header>
<subparagraph id="HFACCC1FB55CD4CE983B78D0991C70126">
<enum>
(A)
</enum>
<header>
Prohibition on
imposing lifetime or full family sanction
</header>
<clause display-inline="no-display-inline" id="H6C4D58940E5F419DABC89324E782BE6F">
<enum>
(i)
</enum>
<header>
Prohibition
</header>
<text display-inline="yes-display-inline">
Section 408(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(a)
</external-xref>
) is
amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HBD4EB5C7AFF547B29A2F72C582CAC8A7" style="OLC">
<paragraph id="H97BD7676AC354986BB86CB525D5EE4D9">
<enum>
(13)
</enum>
<header>
Prohibition on
imposing lifetime or full family sanction
</header>
<text display-inline="yes-display-inline">
A State to which a grant is made under
section 403 shall not impose a lifetime prohibition on the provision of
assistance to any individual or family under the State program funded under
this part or under a program funded with qualified State expenditures (as
defined in section 409(a)(7)(B)(i)) on the basis of the failure of a member of
the family to comply with a program
requirement.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</clause>
<clause display-inline="no-display-inline" id="H83C47AB305EA4BF4B967D7EF69154272">
<enum>
(ii)
</enum>
<header>
Penalty
</header>
<text>
Section
409(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/609">
42 U.S.C. 609
</external-xref>
), as amended by section 5(c)(2)(A) of this Act and
subsection (b)(3) of this section, is amended by adding at the end the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HE057A1622B40412FB8347098F50F81E5" style="OLC">
<paragraph id="H87C1D11107AD44B1BBBF5554799F7D5D">
<enum>
(17)
</enum>
<header>
Penalty for
imposing lifetime or full family sanction
</header>
<text display-inline="yes-display-inline">
If the Secretary determines that a State to
which a grant is made under section 403 in a fiscal year has violated section
408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable
to the State under section 403(a)(1) for the immediately succeeding fiscal year
by an amount equal to 5 percent of the State family assistance
grant.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H43AC8F9217CE4EDC80C579E1BAD6AFF7">
<enum>
(B)
</enum>
<header>
Due process
protections
</header>
<clause id="HDF1D1DFF3AEF4994A171CB9EDFAE42CC">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
Section 408(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(a)
</external-xref>
), as amended by
subparagraph (A)(i) of this paragraph, is amended by adding at the end the
following:
</text>
<quoted-block id="HA217ED40231346D8904DACAC75B60A6B" style="OLC">
<paragraph id="HAC15EC14507E459BB0B90E4F882674F4">
<enum>
(14)
</enum>
<header>
Sanction
procedures
</header>
<subparagraph id="H4AA0DF87B9084B249EA814C37E256DA6">
<enum>
(A)
</enum>
<header>
Pre-sanction
review process
</header>
<text>
Before imposing a sanction against an individual
or family receiving assistance under the State program funded under this part
or under a program funded with qualified State expenditures (as defined in
section 409(a)(7)(B)(i)) for failure to comply with program requirements, the
State shall take the following steps:
</text>
<clause id="H0FCF181D3A2F431CBF411D3D381D9DE0">
<enum>
(i)
</enum>
<text>
Provide or send
notice to the individual or family, and, if the recipient’s native language is
not English, through a culturally competent written or verbal translation, of
the following information:
</text>
<subclause id="H08B53B8D9E5240B1A4A31A74DE34568A">
<enum>
(I)
</enum>
<text>
The specific
reason for the proposed sanction.
</text>
</subclause>
<subclause id="H863BFEE9022445E6BAA271F9E8A29A41">
<enum>
(II)
</enum>
<text>
The amount of the
proposed sanction.
</text>
</subclause>
<subclause id="H6E5CF9F75F054E77966C01C491C66687">
<enum>
(III)
</enum>
<text>
The length of
time during which the proposed sanction would be in effect.
</text>
</subclause>
<subclause id="H9E16D8B891824F808CCBCCB21C782EA8">
<enum>
(IV)
</enum>
<text>
The steps
required to come into compliance or to show good cause for
noncompliance.
</text>
</subclause>
<subclause id="HDA1FF94FC77C4B8A9EEE7B3B6D98635B">
<enum>
(V)
</enum>
<text>
That the agency
will provide assistance to help the individual demonstrate good cause for
noncompliance, or come into compliance with program requirements.
</text>
</subclause>
<subclause id="HA65DDAC0F83445DF8216C772833D58FF">
<enum>
(VI)
</enum>
<text>
That the
individual may appeal the determination to impose a sanction, and the steps
that the individual must take to pursue such an appeal.
</text>
</subclause>
</clause>
<clause id="HC362F486755B4C1C8A7BC3BA8B800776">
<enum>
(ii)
</enum>
<subclause commented="no" display-inline="yes-display-inline" id="H195548EBBC4A4FE0860404A7EF953479">
<enum>
(I)
</enum>
<text>
Ensure that, subject to
clause (iii)—
</text>
<item id="H7D01437EC9C340E38EDA79B681A98BAC" indent="up1">
<enum>
(aa)
</enum>
<text>
an individual, other than the
individual who determined that a sanction be imposed, will review the
determination and have the authority to take the actions described in subclause
(II); and
</text>
</item>
<item id="HA08BC45DC12541809610E42E1A3FBC5B" indent="up1">
<enum>
(bb)
</enum>
<text>
the individual or family against whom
the sanction is to be imposed shall be afforded the opportunity to meet with
the individual who is reviewing the determination to impose the
sanction.
</text>
</item>
</subclause>
<subclause id="H2031AFB44879493182281D6A9CCAEBB6" indent="up1">
<enum>
(II)
</enum>
<text>
The action described in this subclause
are the following:
</text>
<item id="H6B2A096ED6B94CCDA52588FAB38C902F">
<enum>
(aa)
</enum>
<text>
Modify the determination to impose a
sanction.
</text>
</item>
<item id="H7A85189FCD2448529BF31DA1C030B18F">
<enum>
(bb)
</enum>
<text>
Determine that there was good cause
for the failure to comply.
</text>
</item>
<item id="HF8B059C796464DDDA11AAA92CE4ED6FC">
<enum>
(cc)
</enum>
<text>
Recommend modifications to the
individual responsibility or employment plan of an individual.
</text>
</item>
<item id="HDED97C1DB0AE4D07859783953B2879CF">
<enum>
(dd)
</enum>
<text>
Make such other determinations and
take such other actions as may be appropriate.
</text>
</item>
</subclause>
</clause>
<clause id="H35DB839E612345D9A0B1D030F483F486">
<enum>
(iii)
</enum>
<text>
The review
required under clause (ii) shall include consideration of the following:
</text>
<subclause id="HF497493DF2274B249E606C7A803EE861">
<enum>
(I)
</enum>
<text>
To the extent
applicable, whether barriers to compliance exist, such as a physical or mental
impairment (including mental illness, substance abuse, mental retardation, or a
learning disability), domestic or sexual violence, limited proficiency in
English, limited literacy, homelessness, or the need to care for a child with a
disability or health condition, that contributed to the noncompliance.
</text>
</subclause>
<subclause id="HDF4FF6FAF7E94A769282633CBFF78029">
<enum>
(II)
</enum>
<text>
Whether the
noncompliance resulted from failure to receive or have access to services
identified as necessary in an individual responsibility or employment
plan.
</text>
</subclause>
<subclause id="HAAB50DF12EB54694961017AD65D5EFBF">
<enum>
(III)
</enum>
<text>
Whether changes
to the individual responsibility or employment plan of an individual should be
made in order for the individual to come into compliance.
</text>
</subclause>
<subclause id="HE72A06AE8AE04DF4B463743994843908">
<enum>
(IV)
</enum>
<text>
Whether there is
good cause for any noncompliance.
</text>
</subclause>
<subclause id="H08094DDD205B486EAEC6245E95E46F80">
<enum>
(V)
</enum>
<text>
Whether the
sanction policies of the State have been applied properly.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H96F8482FE8C14EB18A47A3F7ADD412CE">
<enum>
(B)
</enum>
<header>
Sanction
follow-up requirements
</header>
<text>
If a State imposes a sanction on a family
or individual for failing to comply with program requirements, the State
shall—
</text>
<clause id="HD6944E98554D4AC785447D0D9E700A43">
<enum>
(i)
</enum>
<text>
provide or send
notice to the individual or family, in language calculated to be understood by
the individual or family, and, if the individual’s or family’s native language
is not English, through a culturally competent translation, of the reason for
the sanction and the steps the individual or family must take to end the
sanction;
</text>
</clause>
<clause id="H667EF8E587544EA1A0CCCA7A351338DE">
<enum>
(ii)
</enum>
<text>
resume full
assistance, services, or benefits to the individual or family under the program
(if the individual or family is otherwise eligible for the assistance,
services, or benefits) once the individual who was not in compliance with
program requirements that led to the sanction complies with the requirements
for a reasonable period of time, as determined by the State and subject to
State discretion to reduce the period; and
</text>
</clause>
<clause id="H03228A979E684E28AEDC8A1A78D141C1">
<enum>
(iii)
</enum>
<text>
if the State has
not resumed providing the assistance, services, or benefits as of the end of
the 120-day period that begins on the date that is 60 days after the date on
which the sanction was imposed, provide notice to the individual or family, in
language calculated to be understood by the individual or family, of the steps
the individual or family must take to end the sanction, and of the availability
of assistance to come into compliance or demonstrate good cause for
noncompliance.
</text>
</clause>
</subparagraph>
<subparagraph id="H2ECC482D75B84A8EB70AE7A6F1E63E30">
<enum>
(C)
</enum>
<header>
Notice to
evicted persons
</header>
<text display-inline="yes-display-inline">
The State
shall make a reasonable effort to provide to an individual or family that has
been evicted from a residence for failure to pay rent or as a result of another
problem related to poverty, any notice required by this paragraph to be
provided to the individual or
family.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H0FDE6F59FBC9495882A74E86BA9A4DC9">
<enum>
(ii)
</enum>
<header>
Penalty
</header>
<text display-inline="yes-display-inline">
Section 409(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/609">
42 U.S.C. 609(a)
</external-xref>
), as
amended by section 5(c)(2)(A) of this Act, subsection (b)(3) of this section,
and subparagraph (A)(ii) of this paragraph, is amended by adding at the end the
following:
</text>
<quoted-block id="HFC7C8A488EE94D42A842F01C01AF4EED" style="OLC">
<paragraph id="H0C2E26B619E446219532EB328C0DFC0C">
<enum>
(18)
</enum>
<header>
Penalty for
failure to follow sanction procedures
</header>
<subparagraph id="H2FD78E5CDC9B44A2A6D28E268ED9CE6A">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
If the Secretary determines that a State to which a grant
is made under section 403 in a fiscal year has violated section 408(a)(14)
during the fiscal year, the Secretary shall reduce the grant payable to the
State under section 403(a)(1) for the immediately succeeding fiscal year by an
amount equal to not more than 5 percent of the State family assistance
grant.
</text>
</subparagraph>
<subparagraph id="H585EFC5756394C9D88A24E6038F3F50E">
<enum>
(B)
</enum>
<header>
Penalty based on
severity of failure
</header>
<text>
The Secretary shall impose reductions under
subparagraph (A) with respect to a fiscal year based on the degree of
noncompliance.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H627AF6D39A7A4CE08661DEC8813045FD">
<enum>
(iii)
</enum>
<header>
State plan
requirement to describe how states will notify applicants and recipients of
their rights under the program and of potential benefits and services available
under the program
</header>
<text>
Section 402(a)(1)(B)(iii) (42 U.S.C.
602(a)(1)(B)(iii)) is amended by inserting
<quote>
, and will notify applicants
and recipients of assistance under the program of the rights of individuals
under all laws applicable to program activities and of all potential benefits
and services available under the program
</quote>
before the period.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HCD2A26AB6B9640448915159007F99316">
<enum>
(2)
</enum>
<header>
Modifications to
work sanction
</header>
<subparagraph id="H4FE1A632E6B44894A35084318FB80FDE">
<enum>
(A)
</enum>
<header>
Elimination of
full family sanction; State required to establish certain good cause
exceptions
</header>
<text>
Section 407(e)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/42/607">
42 U.S.C. 607(e)(1)
</external-xref>
) is
amended—
</text>
<clause id="H050C9B49EA984656AF2276B088AC2EC4">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
shall—
</quote>
and all that follows through subparagraph (B)
and inserting
<quote>
shall reduce the amount of assistance otherwise payable to
the family pro rata with respect to any period during a month in which the
individual so refuses,
</quote>
; and
</text>
</clause>
<clause id="HE8E1E87F26B048B1B9D275BD80562E34">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
may establish
</quote>
and inserting the following
<quote>
shall
establish, which shall include the decline of an offer of employment at a wage
less than the greater of the applicable Federal or State minimum wage, or 80
percent of the wage that would have governed had the minimum hourly rate under
the Fair Labor Standards Act been applicable to the offer of employment, at a
site subject to a strike or lockout at the time of refusal, or for medical
reasons or a lack of sufficient physical strength or stamina
</quote>
.
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H6B6AB1ECD98C43389377A691EEC9118D">
<enum>
(B)
</enum>
<header>
Prohibition on
sanctioning individual for failure to engage in work if individual has a child
under age 6 months or if failure results from inability to secure child care or
after-school arrangements for a child under age 13
</header>
<text>
Section
407(e)(2) (
<external-xref legal-doc="usc" parsable-cite="usc/42/607">
42 U.S.C. 607(e)(2)
</external-xref>
) is amended by striking
<quote>
refusal
</quote>
and all that follows and inserting
</text>
<quoted-block display-inline="yes-display-inline" id="H555D1A5232CE4740BB6449E5AC82E626" style="OLC">
<text>
failure of
an individual to engage in work required in accordance with this section
if—
</text>
<subparagraph id="H010FE435708F43C69218A7DC103FF350">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the individual is a single custodial parent
caring for a child who has not attained 6 months of age; or
</text>
</subparagraph>
<subparagraph id="H7067C6BEDAC543778323E93E04C73BB1">
<enum>
(B)
</enum>
<text>
the individual is
the single custodial parent caring for a child who has not attained 13 years of
age, and the failure resulted from the inability of the individual to secure
child care or after-school arrangements for the
child
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H414053039D3343EBB629E17ECC98D885">
<enum>
(3)
</enum>
<header>
Modifications to
child support sanction
</header>
<text>
Section 408(a)(2) (
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(a)(2)
</external-xref>
) is
amended by striking
<quote>
State—
</quote>
and all that follows and inserting
<quote>
State shall deduct from the assistance that would otherwise be provided
to the family of the individual under the State program funded under this part
an amount equal to 25 percent of the amount of the assistance.
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H44CB1034A49B4D20A5B68A57B8239F8F">
<enum>
(e)
</enum>
<header>
Related state
plan requirement
</header>
<text>
Section 402(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/602">
42 U.S.C. 602(a)
</external-xref>
) is amended by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H89D1F30689FE48FF8B951DED8DF5FDEF" style="OLC">
<paragraph id="H51166A82D9D2452591B0CD41D3FDD7DF">
<enum>
(8)
</enum>
<header>
Certification
that employment assessments and sanction reviews will be conducted by competent
personnel
</header>
<text display-inline="yes-display-inline">
A certification by
the chief executive officer of the State that the employment assessments
conducted pursuant to section 408(b)(1) and the sanction reviews conducted
pursuant to section 408(a)(14)(A) will be conducted by personnel who have
sufficient education, training, and professional competence to do so, which
shall include information on the education, training, and professional
competence that State will require of the
personnel.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H1745A68BD48C4573B4889748988C3469">
<enum>
8.
</enum>
<header>
Prohibition on
imposing limit of less than 60 months on duration of assistance
</header>
<subsection id="H4994CCCA6DCF4BBEA08B798FDC2C59D9">
<enum>
(a)
</enum>
<header>
Prohibition
</header>
<paragraph id="H04CF29F305714B9AA6D728B6B4F3106F">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 408(a)(7) (42
U.S.C. 608(a)(7)) is amended—
</text>
<subparagraph id="H299CF4E976FD4838AE7DE5A39FD4271B">
<enum>
(A)
</enum>
<text>
in the paragraph
heading, by striking
<quote>
<header-in-text level="paragraph" style="OLC">
No
assistance for more than 5 years
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
Durational limits on
assistance
</header-in-text>
</quote>
;
</text>
</subparagraph>
<subparagraph id="HAA94FD0003D648EA857B6F306AA8E543">
<enum>
(B)
</enum>
<text>
in the heading for
subparagraph (A), by striking
<quote>
<header-in-text level="subparagraph" style="OLC">
In general
</header-in-text>
</quote>
and
inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
No assistance
for more than 5 years
</header-in-text>
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HE6FDFBFE12054239846AD959E184967A">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H09508410A5BF4B16A32A1E42042641ED" style="OLC">
<subparagraph id="H3E39C39655DB4B818120A8B3A97EAC6C">
<enum>
(H)
</enum>
<header>
Prohibition on
limiting duration of assistance to less than 60 months
</header>
<text display-inline="yes-display-inline">
A State to which a grant is made under
section 403 shall not impose a limit of less than 60 months on the duration for
which a family may be provided assistance from Federal or State funds under the
State program funded under this part or under a program funded with qualified
State expenditures (as defined in section
409(a)(7)(B)(i)).
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HB75A56E0EF1C45CC834E1D479820093C">
<enum>
(2)
</enum>
<header>
Conforming
amendment
</header>
<text>
The heading of section 409(a)(9) (
<external-xref legal-doc="usc" parsable-cite="usc/42/609">
42 U.S.C. 609(a)(9)
</external-xref>
)
is amended by striking
<quote>
<header-in-text level="paragraph" style="OLC">
5-year limit
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
rules governing durational
limits
</header-in-text>
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H6B790607750D476B97B85CCC7A9BBEC7">
<enum>
(b)
</enum>
<header>
Requirement To
conduct outreach To inform potentially eligible families of elimination of
durational limit on assistance of less than 60 months
</header>
<paragraph id="HB7733A5A9433439EA2ACAD11087490A9">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Section 408(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(a)
</external-xref>
), as amended by section
7(d)(1) of this Act, is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6E2D42981CD949CFAB7BC994ECD59F0B" style="OLC">
<paragraph id="HBBF44DEC55A24AFCAA90A8C3AF23DA5B">
<enum>
(15)
</enum>
<header>
Requirement to
conduct outreach to inform potentially eligible recipients of assistance of
elimination of durational limit on assistance of less than 60
months
</header>
<text display-inline="yes-display-inline">
A State to which a
grant is made under section 403 for a fiscal year that, before the effective
date of this paragraph, denied assistance under the State program funded under
this part or any other State program funded by qualified State expenditures (as
defined in section 409(a)(7)(B)(i)) to an individual or family on the basis of
a durational limit on the assistance that was imposed other than under section
408(a)(7) shall conduct outreach to inform individuals and families who were so
denied that they may be eligible for additional months of the
assistance.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H95C20B9AD22B483AA9FDCA9FDC58EA66">
<enum>
(2)
</enum>
<header>
Penalty
</header>
<text display-inline="yes-display-inline">
Section 409(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/609">
42 U.S.C. 609(a)
</external-xref>
), as
amended by sections 5(c)(2)(A) and 7(d)(1) of this Act, is amended by adding at
the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H184E9B32D09144B49EC71C28F3CBE6A6" style="OLC">
<paragraph id="H8CE2DF39DC2A48E6939024413EED9560">
<enum>
(19)
</enum>
<header>
Failure to
conduct outreach to inform potentially eligible recipients of assistance of
elimination of durational limit on assistance of less than 60
months
</header>
<text display-inline="yes-display-inline">
If the Secretary
determines that a State to which a grant is made under section 403 in a fiscal
year has violated section 408(a)(15) during the fiscal year, the Secretary
shall reduce the grant payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year by an amount equal to 5 percent of the State
family assistance
grant.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HB9B185BAB1264097873E11A928DDDD34">
<enum>
(c)
</enum>
<header>
State plan
required To include description of how potentially eligible recipients will be
informed of elimination of durational limit on assistance of less than 60
months
</header>
<text>
Section 402(a)(1)(B) (
<external-xref legal-doc="usc" parsable-cite="usc/42/602">
42 U.S.C. 602(a)(1)(B)
</external-xref>
) is amended
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1903992263B740C9A8116C6768C0E97A" style="OLC">
<clause id="H6C1D7A942A594469BD88CED2FA283D42">
<enum>
(vi)
</enum>
<text display-inline="yes-display-inline">
In the case of a State that, before the
date this clause takes effect, denied assistance under the program to an
individual or family on the basis of a durational limit on the assistance that
was imposed other than under section 408(a)(7), the document shall describe how
the State intends to inform the individuals and families who were so denied
that they may be eligible for additional months of the
assistance.
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H7015ECFEDB6D4581AD36BD6B81A1ED3B">
<enum>
9.
</enum>
<header>
Response of TANF
program to economic recessions
</header>
<subsection id="HF741E96418D7401BB70CB5507D604DF8">
<enum>
(a)
</enum>
<header>
Inapplicability
of durational limit on assistance
</header>
<text display-inline="yes-display-inline">
Section 408(a)(7) (
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(a)(7)
</external-xref>
), as
amended by section 8(a)(1)(C) of this Act, is amended by adding at the end the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HC8089E0910AA4F77BDDEDD6B17376FCE" style="OLC">
<subparagraph id="H8A418834EEE543568B8FD17C712E12E1">
<enum>
(I)
</enum>
<header>
Inapplicability
of durational limit during recession
</header>
<text display-inline="yes-display-inline">
Subparagraph (A) shall not apply in a State
during any month which is in a high unemployment period with respect to the
State.
</text>
</subparagraph>
<subparagraph id="HF10FC5748E3C4208899CE29C82826982">
<enum>
(J)
</enum>
<header>
Disregard of
assistance provided during recession
</header>
<text display-inline="yes-display-inline">
In determining the number of months for
which an adult has received assistance under a State or tribal program funded
under this part or any other State program funded by qualified State
expenditures (as defined in section 409(a)(7)(B)(i)), the State or tribe shall
disregard any month which is in a high unemployment period with respect to the
State.
</text>
</subparagraph>
<subparagraph id="HEA4605A4ECD54F08B8BB9DA9C0D2805E">
<enum>
(K)
</enum>
<header>
6-month grace
period required after recession
</header>
<text display-inline="yes-display-inline">
Subparagraph (A) shall not apply to a
recipient of assistance under the State program funded under this part or any
other State program funded by qualified State expenditures (as defined in
section 409(a)(7)(B)(i)) during the 6-month period that begins with the month
immediately following a high unemployment period with respect to the State if
the recipient received the assistance for the last month of the
period.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H017FA9C7B0C84B9287DDFCCBE11327A1">
<enum>
(b)
</enum>
<header>
Requirement To
conduct outreach To inform potentially eligible families of suspension of
durational limit on assistance
</header>
<paragraph id="H80B26FB0206341F799BAD07CDAD371EB">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Section 408(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(a)
</external-xref>
), as amended by sections
7(d)(1) and 8(b)(1) of this Act, is amended by adding at the end the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HBEBC704211FA4EA4A1B841ABF43F633E" style="OLC">
<paragraph id="HE9B4A50C3A394AECB0A474DCB25A2589">
<enum>
(16)
</enum>
<header>
Requirement to
conduct outreach to inform potentially eligible recipients of assistance of
suspension of durational limit on assistance
</header>
<text display-inline="yes-display-inline">
In each month which is a high unemployment
period with respect to a State to which a grant is made under section 403 for a
fiscal year, the State shall conduct outreach to inform individuals and
families who are potentially eligible for assistance under the State program
funded under this part or any other State program funded by qualified State
expenditures (as defined in section 409(a)(7)(B)(i)) of the suspension of any
durational limit on assistance under the
program.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HFB382A72BB994B02A924D7D744658B99">
<enum>
(2)
</enum>
<header>
Penalty
</header>
<text display-inline="yes-display-inline">
Section 409(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/609">
42 U.S.C. 609(a)
</external-xref>
), as
amended by sections 5(c)(2)(A), 7(d)(1), and 8(b)(2) of this Act, is amended by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD82B55E8854749A38E87C3CA353EF2A7" style="OLC">
<paragraph id="HA826883076734E08A2EDE6F3F79E5CA6">
<enum>
(20)
</enum>
<header>
Failure to
conduct outreach to inform potentially eligible recipients of assistance of
suspension of durational limit on assistance
</header>
<text display-inline="yes-display-inline">
If the Secretary determines that a State to
which a grant is made under section 403 in a fiscal year has violated section
408(a)(16) during the fiscal year, the Secretary shall reduce the grant payable
to the State under section 403(a)(1) for the immediately succeeding fiscal year
by an amount equal to 5 percent of the State family assistance
grant.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HD562D915E8A74EB3B64F25CD478E47B9">
<enum>
(c)
</enum>
<header>
State plan
required To include description of how potentially eligible recipients will be
informed of suspension of time limits during recession
</header>
<text>
Section
402(a)(1)(B) (
<external-xref legal-doc="usc" parsable-cite="usc/42/602">
42 U.S.C. 602(a)(1)(B)
</external-xref>
), as amended by section 8(c) of this Act,
is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA3348D51A4F44A038455EDF9A39AA0C4" style="OLC">
<clause id="HA3904C04EB2D499197E8DE51413D1415">
<enum>
(vii)
</enum>
<text display-inline="yes-display-inline">
The document shall describe how the State
intends to inform potentially eligible recipients of assistance under the
program of the suspension of durational limits on the assistance during a high
unemployment period with respect to the
State.
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HACA956B1477D4C7EB26FCF53126593D4">
<enum>
(d)
</enum>
<header>
High
unemployment period defined
</header>
<text>
Section 419 (
<external-xref legal-doc="usc" parsable-cite="usc/42/619">
42 U.S.C. 619
</external-xref>
) is
amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB2A0CEB2F5314261A51624F3B30FDFF2" style="OLC">
<paragraph id="H5C02E3799D2A46609203122DC4768E0B">
<enum>
(6)
</enum>
<header>
High
unemployment period defined
</header>
<text display-inline="yes-display-inline">
The term
<term>
high unemployment
period
</term>
means, with respect to a State, a period of 1 or more consecutive
months if the average rate of total unemployment in the State (seasonally
adjusted) for the period consisting of the then most recent 3 months for which
data for all States are published equals or exceeds 6.5
percent.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H80BE9398C6B3456CB6F1CE9437B1A214">
<enum>
10.
</enum>
<header>
Requirement that
States use merit-based system in administration of TANF programs
</header>
<subsection id="HE17FF41C05954018B624273F80B8EA12">
<enum>
(a)
</enum>
<header>
Program
requirement
</header>
<text display-inline="yes-display-inline">
Section 408(a)
(
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(a)
</external-xref>
), as amended by sections 7(d)(1), 8(b)(1), and 9(b)(1) of
this Act, is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H1E39C66855E5435BB782CEBD33F2FFD0" style="OLC">
<paragraph id="H8926F4DDD82B49BA97A111F3C5EA47CF">
<enum>
(17)
</enum>
<header>
Requirement to
use merit-based system in administering program
</header>
<text display-inline="yes-display-inline">
A State to which a grant is made under
section 403 shall establish and maintain personnel standards through a
merit-based system, in administering the State program funded under this part
and any other State program funded by qualified State expenditures (as defined
in section
409(a)(7)(B)(i)).
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HED36E2BBC1404927AF4E05F6DA4771EB">
<enum>
(b)
</enum>
<header>
Penalty
</header>
<text>
Section
409(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/609">
42 U.S.C. 609
</external-xref>
), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2),
and 9(b)(2) of this Act, is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H28E729D99D0C4A63BABBB8CCA972AA9B" style="OLC">
<paragraph id="H493FB93E0FC44376A187956A788E7B67">
<enum>
(21)
</enum>
<header>
Penalty for
failure to use merit-based system in administering program
</header>
<text display-inline="yes-display-inline">
If the Secretary determines that a State to
which a grant is made under section 403 in a fiscal year has violated section
408(a)(17) during the fiscal year, the Secretary shall reduce the grant payable
to the State under section 403(a)(1) for the immediately succeeding fiscal year
by an amount equal to 5 percent of the State family assistance
grant.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HE5D43998CA3D40579BCC6B859B4C51E1">
<enum>
11.
</enum>
<header>
Ban on using
Federal TANF funds to replace State and local spending that does not meet the
definition of qualified State expenditures
</header>
<subsection id="H1CB6AD4480E04AEEBE0839D585811A10">
<enum>
(a)
</enum>
<header>
Prohibition
</header>
<text display-inline="yes-display-inline">
Section 408(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(a)
</external-xref>
), as
amended by sections 7(d)(1), 8(b)(1), 9(b)(1), and 10(a) of this Act, is
amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HFBF549A44FA147A5B0AAF26535C5BD29" style="OLC">
<paragraph id="HCF77663A11754EA589F251F73E75197C">
<enum>
(18)
</enum>
<header>
Ban on using
federal TANF funds to replace state or local spending that is not a qualified
state expenditure
</header>
<text display-inline="yes-display-inline">
A State to
which a grant is made under section 403, and a sub-State entity that receives
funds from such a grant, shall not expend any part of the grant funds to
supplant State or local spending for benefits or services which are not
qualified State expenditures (within the meaning of section
409(a)(7)(B)(i)).
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H2D46F6D618D14350B372DC3FDA86E3A1">
<enum>
(b)
</enum>
<header>
Penalty
</header>
<text>
Section
409(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/609">
42 U.S.C. 609
</external-xref>
), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2),
9(b)(2), and 10(b) of this Act, is amended by adding at the end the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HB89B739B06B8493CB488F8ADCD696AC3" style="OLC">
<paragraph id="H21447E4DBBAA455EA6F547083BE1B416">
<enum>
(22)
</enum>
<header>
Use of federal
TANF funds to replace state or local spending that is not a qualified state
expenditure
</header>
<text display-inline="yes-display-inline">
If the Secretary
determines that a State to which a grant is made under section 403 in a fiscal
year has violated section 408(a)(18) during the fiscal year, the Secretary
shall reduce the grant payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year by an amount equal to 5 percent of the State
family assistance
grant.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HFD95A51B7C344F8E81F43B9B295FF536">
<enum>
12.
</enum>
<header>
TANF assistance
to meet basic family economic needs
</header>
<subsection id="HACFBEC0F90934D6BB80515FB2DFF6512">
<enum>
(a)
</enum>
<header>
State plan
requirement
</header>
<text>
Section 402(a)(1)(B) (
<external-xref legal-doc="usc" parsable-cite="usc/42/602">
42 U.S.C. 602(a)(1)(B)
</external-xref>
), as
amended by sections 8(c) and 9(d) of this Act, is amended by adding at the end
the following:
</text>
<quoted-block display-inline="no-display-inline" id="H2F81B78B9EBE40C6913A416E8B3C538E" style="OLC">
<clause id="H5A31D85ECD5B42F3BCBF2033526F94E0">
<enum>
(viii)
</enum>
<header>
Family budget
provisions
</header>
<text display-inline="yes-display-inline">
The document shall
set forth a family budget of a dollar amount sufficient to meet the basic
economic needs (including food, clothing, shelter, utilities, household goods,
personal care items, and general incidental expenses) of a family, how the
family budget is adjusted for family size, the method used to estimate the
family budget (including a statement of the relationship between shelter and
utility costs and the fair market rents in localities in the State), and the
relationship between the amount of assistance provided to each family under the
program and the amount of the family budget for the
family.
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H06D799BF3C2A4DEE8BDEF738777719DB">
<enum>
(b)
</enum>
<header>
Program
requirement
</header>
<text display-inline="yes-display-inline">
Section 408(a)
(
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(a)
</external-xref>
), as amended by sections 7(d)(1), 8(b)(1), 9(b)(1), 10(a),
and 11(a) of this Act, is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H76D7037D2F254B96A0E95A563C2C45C2" style="OLC">
<paragraph id="HBCA57CDE99714B499DBE25663AC85E42">
<enum>
(19)
</enum>
<header>
Requirement
that amount of assistance meet basic economic needs
</header>
<text display-inline="yes-display-inline">
A State to which a grant is made under
section 403 shall ensure that the total amount of assistance provided to a
family under the State program funded under this part and all programs funded
with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for
which the family is eligible is sufficient to meet the basic economic needs of
the family, taking into account all earned and unearned income of the family
and an amount not to exceed the value of the supplemental nutrition assistance
benefits provided to the family under the Food and Nutrition Act of
2008.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H75D2EA157C3046CB9D16AC2F6063E46A">
<enum>
(c)
</enum>
<header>
Penalty
</header>
<text>
Section
409(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/609">
42 U.S.C. 609
</external-xref>
), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2),
9(b)(2), 10(b), and 11(b) of this Act, is amended by adding at the end the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HBE4D6837CCF34E1AA04E29EF8C046861" style="OLC">
<paragraph id="HDA36255ACBEB482D9CF2B9B7061EAB08">
<enum>
(23)
</enum>
<header>
Penalty for
failure of State tanf assistance to meet basic economic needs of a recipient
family
</header>
<text display-inline="yes-display-inline">
If the Secretary
determines that a State to which a grant is made under section 403 in a fiscal
year has violated section 408(a)(19) during the fiscal year, the Secretary
shall reduce the grant payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year by an amount equal to 5 percent of the State
family assistance
grant.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H054CC302BD944DBBA7A5F1A4F273E8E1">
<enum>
13.
</enum>
<header>
State plans and
reports on child poverty
</header>
<subsection id="HB4C9C03B223E4CF8BB2A2512F1F30261">
<enum>
(a)
</enum>
<header>
Child poverty
reduction as a purpose of the TANF program
</header>
<text display-inline="yes-display-inline">
Section 401(a)(1) (
<external-xref legal-doc="usc" parsable-cite="usc/42/601">
42 U.S.C. 601(a)(1)
</external-xref>
) is
amended by redesignating paragraphs (1) through (4) as paragraphs (2) through
(5), respectively, and by inserting before paragraph (2) (as so redesignated)
the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB200C233B7E94C36802B2163A9126452" style="OLC">
<paragraph id="H74EFCF1F44014832915AD2F5317C8F44">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
reduce poverty among
children;
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HEE2424FB99DA4CAF80BAD2013ECE018F">
<enum>
(b)
</enum>
<header>
State plan
provisions
</header>
<paragraph id="H058FBA5937FA4B8091209AF527FBA889">
<enum>
(1)
</enum>
<header>
Matters required
to be addressed
</header>
<text display-inline="yes-display-inline">
Section
402(a)(1)(A) (
<external-xref legal-doc="usc" parsable-cite="usc/42/602">
42 U.S.C. 602(a)(1)(A)
</external-xref>
) is amended by adding at the end the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H9E20676633A840DA820792E08F628C96" style="OLC">
<clause id="H7E552CD6DED74C8BAED5104EDD9E9A5B">
<enum>
(ix)
</enum>
<header>
Goals and
methods for reducing child poverty
</header>
<text display-inline="yes-display-inline">
Reduce child poverty using Federal funds
provided under this part and State funds, including establishing numerical
goals for reducing child poverty.
</text>
</clause>
<clause id="HF2A1153F73114B8FA600CF515C0F392E">
<enum>
(x)
</enum>
<header>
Goals and
tracking of work outcomes
</header>
<text display-inline="yes-display-inline">
Track work-related outcomes for recipients
of assistance under the program, such as employment entries, wages, and job
retention, including establishing numerical goals for work-related outcomes for
recipients.
</text>
</clause>
<clause id="HEA210EA39FFD44AFBBA0EC7A2A00A704">
<enum>
(xi)
</enum>
<header>
Provide
preventative services to families at-risk of abuse or neglect
</header>
<text display-inline="yes-display-inline">
Provide benefits and services to families
at-risk of having their children removed from the home because of abuse and
neglect, using Federal funds provided under this part and State funds.
</text>
</clause>
<clause id="H804211FB5A7943A1A032B9D024E328B3">
<enum>
(xii)
</enum>
<header>
How
noncustodial parents will be served
</header>
<text display-inline="yes-display-inline">
Serve noncustodial parents, using Federal
funds provided under this part and State
funds.
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H12719948EBD84FF18E9AD131D0AEB49F">
<enum>
(2)
</enum>
<header>
Public
availability
</header>
<text>
Section 402(c) (
<external-xref legal-doc="usc" parsable-cite="usc/42/602">
42 U.S.C. 602(c)
</external-xref>
) is amended to read
as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HDA07CCE4A1C04B5580EF557F8AA6B0BE" style="OLC">
<subsection id="H35D5BC9B565D434BA179CD0FC5699E84">
<enum>
(c)
</enum>
<header>
Public
availability
</header>
<paragraph id="HE3301FABCCF34AE3909ADF3DE0990608">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The State shall make
available to the public, including by posting on a public website of the State
or another appropriate website—
</text>
<subparagraph id="HAD3163EF6DEB4151BA769D7200B9C8FE">
<enum>
(A)
</enum>
<text>
each draft of any
plan or plan amendment to be submitted by the State under this section, for at
least 45 days before the submission; and
</text>
</subparagraph>
<subparagraph id="HEE0A830BFF894A26B66A620FF571D57F">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
any such plan or amendment certified by the
Secretary to be complete.
</text>
</subparagraph>
</paragraph>
<paragraph id="H971E278C7AAA46FAA3588ED6E77C6676">
<enum>
(2)
</enum>
<header>
Procedures
</header>
<text display-inline="yes-display-inline">
The State shall establish procedures to
receive and respond to comments from the public, private sector organizations,
and local governments on any draft referred to in paragraph
(1).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H38A1BA2BFB9B469CA32EF3ED49FDABCC">
<enum>
(c)
</enum>
<header>
Annual
performance report
</header>
<text>
Section 411 (
<external-xref legal-doc="usc" parsable-cite="usc/42/611">
42 U.S.C. 611
</external-xref>
) is amended by
adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE0D39F92450E4F75BE7B90EABD3C6F13" style="OLC">
<subsection id="HAEE793677FA0479F9AAAF4BFD719CBDB">
<enum>
(e)
</enum>
<header>
Annual
performance report by States
</header>
<text display-inline="yes-display-inline">
Not later than December 31 of each year,
each eligible State shall submit to the Secretary (in accordance with such form
and content rules as the Secretary, in consultation with the National
Governor’s Association, National Association of State Legislatures, and the
American Public Human Services Association, develops) a report on the following
aspects of the State program funded under this part in the preceding fiscal
year:
</text>
<paragraph id="HFCC1B650DA974C6CADC9C31D91D95FA8">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
Whether the State met the child poverty
reduction goals set forth in the State plan. This part of the report shall
include a discussion of the factors, including benefits, services, and
activities funded with Federal funds provided under this part or State funds,
which contributed to the meeting of, or the failure to meet, the goals.
</text>
</paragraph>
<paragraph id="H3089DD71382F4ABDA7459FEAF0155A27">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
Whether the work programs of the State were
effective in meeting the objectives and numerical goals of the State plan. This
part of the report shall include a discussion of data derived from the tracking
of recipients, including—
</text>
<subparagraph id="HAA75AD1982A2478B8BF0E49FEB15BE4F">
<enum>
(A)
</enum>
<text>
the number of
families that left the State program funded under this part;
</text>
</subparagraph>
<subparagraph id="HD2B3BC537A9B421ABBF83674EB37B37D">
<enum>
(B)
</enum>
<text>
the employment
rate for those who left the program in each calendar quarter;
</text>
</subparagraph>
<subparagraph id="H071D8773531346719CF4D104DC147DFE">
<enum>
(C)
</enum>
<text>
the wage rates of
those who left the program, including the percentage of leavers who, in each
calendar quarter, earned an amount equal to at least 50 percent of the average
wage then paid in the State; and
</text>
</subparagraph>
<subparagraph id="H99C522CA6C6746BC835D48A3CE48A94A">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
the employment outcomes of those who left
the program because of a durational limit on assistance, reported at 6 months,
12 months, 24 months, and 36 months after leaving the program.
</text>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
The
Secretary shall provide States with technical assistance in preparing this part
of the report, including by providing States with data from the National
Directory of New Hires.
</continuation-text>
</paragraph>
<paragraph id="HE525046CC002415EB5027F8D57807D3D">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
Whether the State has been effective in
providing benefits and services under the program to persons with disabilities.
This part of the report shall include a report on recipients of assistance
under the State program funded under this part who participated in work
activities (as defined in section 407(d)) pursuant to a modified employability
plan due to disability, including the following:
</text>
<subparagraph commented="no" display-inline="no-display-inline" id="HBA1FA19BE31142559270C87249EABFF5">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
The aggregate number of recipients with
modified employability plans due to a disability.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HD83B52B830C14FAEB846B87F4A75F071">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
The percentage of all recipients with
modified employability plans who substantially complied with activities set
forth in the plans each month of the fiscal year.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H49675A5778B540F4980CFC905AD81BB8">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
Information regarding the most prevalent
types of physical and mental impairments that provided the basis for the
disability determinations.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HC3C8CF1BC56E44558B56EF9D9C63FC20">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
The percentage of cases with a modified
employability plan in which the recipient had a disability, was caring for a
child with a disability, or was caring for another family member with a
disability.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HDB25E4D161544BA188751D13CC895895">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
A description of the most prevalent types
of modification in work activities or hours of participation that were included
in the modified employability plans.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HA7044154D29A4CDB8630E205A05AE4C1">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
A description of the qualifications of the
staff who determined whether individuals had a disability, of the staff who
determined that individuals needed modifications to their work requirements,
and of the staff who developed the modified employability plans.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB2C91C6683DD46DCBE6A98E32876A96D">
<enum>
(4)
</enum>
<text>
The effectiveness
of the benefits and services provided under the State program in reducing the
number of children removed from their homes because of abuse and neglect. This
part of the report shall include an analysis which includes the
following:
</text>
<subparagraph id="H79A2FE467086431D972556AB046B772B">
<enum>
(A)
</enum>
<text>
The number of
families provided the benefits or services that were at risk of having their
children removed from the home.
</text>
</subparagraph>
<subparagraph id="HA83D073527B14BF0A1335319382DDDBB">
<enum>
(B)
</enum>
<text>
The number of
families served by the program that had 1 or more children removed from the
home because of abuse or neglect.
</text>
</subparagraph>
</paragraph>
<paragraph id="H331F3BA2FBCF48A7A43C0D233E2ECFC5">
<enum>
(5)
</enum>
<text>
An analysis of the
extent to which the benefits and services under the State program were provided
to noncustodial parents.
</text>
</paragraph>
<paragraph id="HA16FE748C1864A24B610E2BB58587751">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
How funds provided to the State under this
part, with a separate accounting for funds provided under section 403(a)(3) and
funds provided under section 403(b), were used to serve areas of the State with
the greatest need (as referred to in section 402(a)(1)(A)(i)). This part of the
report shall include supporting
data.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H3C54F6D3DE43460C805FD1C0B93E288E">
<enum>
(d)
</enum>
<header>
Annual report to
Congress on the efforts of State programs To promote and support employment for
individuals with disabilities
</header>
<text>
Section 411 (
<external-xref legal-doc="usc" parsable-cite="usc/42/611">
42 U.S.C. 611
</external-xref>
), as
amended by subsection (c) of this section, is amended by adding at the end the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HD1F86B03E3934A9F9F6C4D9AE8DB4F1F" style="OLC">
<subsection commented="no" display-inline="no-display-inline" id="H7BC2694A919940FAAD23B198FDF20693">
<enum>
(f)
</enum>
<header display-inline="yes-display-inline">
Report by Secretary
</header>
<text display-inline="yes-display-inline">
Not later than July 31 of each fiscal year,
the Secretary shall submit to the Congress a report, entitled
<quote>
Efforts in
State TANF Programs to Promote and Support Employment for Individuals with
Disabilities
</quote>
, that includes information on State efforts to engage
individuals with disabilities in work activities during the preceding fiscal
year. The report shall include the following information:
</text>
<paragraph commented="no" display-inline="no-display-inline" id="H22555DD1194F4C009C73DB189157BCD0">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
For each State, the number of individuals
for whom the State has developed a modified employability plan.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H1204B38A3B91404EB783F4F828365F00">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
The types of physical and mental
impairments that provided the basis for the disability determination, and
whether the individual with the disability was an adult recipient or minor
child head of household, a child, or a non-recipient family member.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HE7A8A9B062834A0E8816C8D58F4FC294">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
The types of modifications that States have
included in modified employability plans.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H58A0A5FCBDE94BBB8ECD858AA91FCF5B">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
The extent to which individuals with a
modified employability plan are participating in work activities.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HDABAAE0692DD4E62A3D0C8591279DBE3">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
For each State, an analysis of the extent
to which the option to establish modified employability plans was a factor in
the State achieving or not achieving the minimum participation rate required by
section
407(a).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H134ADF11D4C24C73B43B905EDDFB25AD">
<enum>
(e)
</enum>
<header>
Report to
Congress on legislative options To reward States with high employment rates and
high rates of employment at good wages
</header>
<text display-inline="yes-display-inline">
Within 4 years after the effective date of
this section, the Secretary of Health and Human Services shall submit to the
Congress a report that sets forth options for the enactment of legislation to
provide financial or other rewards to States that have high rates of employment
and high rates of employment at good wages.
</text>
</subsection>
</section>
<section display-inline="no-display-inline" id="H444AF196DE16487BB663E0B7EF860F7B" section-type="subsequent-section">
<enum>
14.
</enum>
<header>
Requirement that
States adopt standards and procedures to address domestic and sexual violence
among TANF recipients
</header>
<subsection id="H2A4C06A038F34CFF94196C8878F410D5">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 402(a)(7) (42
U.S.C. 602(a)(7)) is amended—
</text>
<paragraph id="H8DF580D0AC0A489AA550EE0A4CF4B1B5">
<enum>
(1)
</enum>
<text>
by striking the
paragraph heading and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
Certification of standards and procedures regarding domestic and
sexual violence
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="H91E2B82B23B84ABFB470620C05329FF4">
<enum>
(2)
</enum>
<text>
by striking
subparagraph (A) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7BDFDECD6FC24FAC82AC4BB72BBFC2BE" style="OLC">
<subparagraph id="HA80D5D4CA7994F5E89DF5D2BB09FC3B3">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
A certification by
the chief executive officer of the State that the State has established and is
enforcing standards and procedures to ensure the right and entitlement of
victims of domestic or sexual violence (notwithstanding section 401(b)) seeking
or receiving assistance under the State program funded under this part or any
other State program funded by qualified State expenditures (as defined in
section 409(a)(7)(B)(i))—
</text>
<clause id="H6516508EC7AF47E3880CBDA794DA6204">
<enum>
(i)
</enum>
<text>
to
be screened and identified while maintaining the confidentiality of the
victims;
</text>
</clause>
<clause id="H457FF7D0E61C46BE85BE6DA8DD4E6273">
<enum>
(ii)
</enum>
<text>
to be referred to
counseling and supportive services;
</text>
</clause>
<clause id="H7F01FACDBE70476380A78E417633565E">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
to be granted a waiver, pursuant to a
determination of good cause, of program requirements such as time limits (for
so long as necessary), residency requirements, child support cooperation
requirements, and family cap provisions, in cases where compliance with the
requirements would make it more difficult for the victims to escape domestic or
sexual violence or unfairly penalize the victims or other individuals who are
at risk of further domestic or sexual violence;
</text>
</clause>
<clause id="H158FC2ABAC994918B72250270A4E7BE5">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
to apply to participate in the program on
the same day the victim appears in person in a program office during office
hours;
</text>
</clause>
<clause id="H45B4683EC04C416FBFDFC8F4C08FFCDE">
<enum>
(v)
</enum>
<text>
to
have an application that contains the name, address, and signature of the
victim considered to be filed on the date the application is submitted;
</text>
</clause>
<clause id="H3464E4C8A4E24D90814EB37EA38ADDC9">
<enum>
(vi)
</enum>
<text>
to receive at the
time of application a clear, written statement explaining what the victim must
do to cooperate in obtaining verification and otherwise completing the
application process; and
</text>
</clause>
<clause id="H19DF4ACF1E4D4638B2D2DAD69D439706">
<enum>
(vii)
</enum>
<text>
if the victim
has completed the application process, to have the eligibility of the victim
for assistance determined promptly, and to be provided assistance retroactive
to the application date if determined eligible within 30 days after the
application date.
</text>
</clause>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H0F5C8D0F266B4015AEBE6A9A5A7D0752">
<enum>
(3)
</enum>
<text>
in subparagraph
(B)—
</text>
<subparagraph id="HFCE11F94FEBC4A0C97CFA16A4A2FCF5E">
<enum>
(A)
</enum>
<text>
in the
subparagraph heading, by inserting
<quote>
<header-in-text level="subparagraph" style="OLC">
or sexual
</header-in-text>
</quote>
after
<quote>
<header-in-text level="subparagraph" style="OLC">
Domestic
</header-in-text>
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA32540C8F1424FE7A7219382C75AEA67">
<enum>
(B)
</enum>
<text>
in the text, by
inserting
<quote>
or sexual
</quote>
after
<quote>
domestic
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H4F2A193CDAF94FC39A9B085CC6F7F616">
<enum>
(b)
</enum>
<header>
Report to the
Congress on best practices of States
</header>
<text>
Section 413 (
<external-xref legal-doc="usc" parsable-cite="usc/42/613">
42 U.S.C. 613
</external-xref>
)
is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HC22B056430734B98969BC7EA67AA29B4" style="OLC">
<subsection id="H522EA6C21883453AAEB7BD6C0A16DE72">
<enum>
(k)
</enum>
<header>
Report to
Congress on best practices of States in addressing domestic and sexual violence
suffered by TANF recipients
</header>
<text display-inline="yes-display-inline">
Every 4 years, the Secretary shall prepare
and submit to the Congress a report which examines the practices of States in
implementing section 402(a)(7), and identifies the best practices used to do
so.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H215718FB03384E948C9B28C22D4583A9">
<enum>
(c)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by this section shall take effect on
October 1, 2013.
</text>
</subsection>
</section>
<section id="HC98B4E823A954C4F818B08C0A0C0D5F4">
<enum>
15.
</enum>
<header>
Child care
entitlement
</header>
<subsection id="H38CFBAF7D9C34E0885CA89664497EEE2">
<enum>
(a)
</enum>
<header>
Replacement of
requirement that portion of funds be used for certain populations with child
care guarantee
</header>
<text display-inline="yes-display-inline">
Section
418(b)(2) (
<external-xref legal-doc="usc" parsable-cite="usc/42/618">
42 U.S.C. 618(b)(2)
</external-xref>
) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H97C3FFD4D3A64F348686FAA9811452BE" style="OLC">
<paragraph id="H0E73E7E547CE4A2CBCE6F2F63A20C57F">
<enum>
(2)
</enum>
<header>
Child care to be
guaranteed for certain populations
</header>
<text display-inline="yes-display-inline">
As a condition of receiving funds under
this section, a State shall guarantee the provision of child care services
to—
</text>
<subparagraph id="H824BCEAA502C4A0C9B0376EE5A827083">
<enum>
(A)
</enum>
<text>
each recipient of
assistance under the State program funded under this part or under a State
program funded with qualified State expenditures (as defined in section
409(a)(7)(B)(i)) of this Act, and to each work-eligible individual (as defined
in section 407(a)(2) of this Act), for any period in which the recipient or
individual is—
</text>
<clause id="HB3785C3F3E774873BD193D51EE0876A9">
<enum>
(i)
</enum>
<text>
participating in a
work activity (as defined in section 407(d) of this Act);
</text>
</clause>
<clause id="H5B682B7FBDB84A2CB1E7CCA76853B3B3">
<enum>
(ii)
</enum>
<text>
employed, and in
a family the total income of which does not exceed 250 percent of the poverty
line (within the meaning of section 673(2) of the Omnibus Budget Reconciliation
Act of 1981, including any revision required by such section applicable to a
family of the size involved); or
</text>
</clause>
<clause id="HEFBCE2A1BCF544B39961FB6DFAB6636A">
<enum>
(iii)
</enum>
<text>
engaged in
employment subsidized by the State; or
</text>
</clause>
</subparagraph>
<subparagraph id="H474E9732ED8D4B06B3CF8476CF45B585">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
each individual who is a former recipient
of assistance under such a program or a former work-eligible individual, for
any portion of the 24-month period, beginning with the date the individual left
the program involved, in which the individual is employed and in a family that
meets the income requirement of subparagraph
(A)(ii).
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H4C67F948164D4061BBB51713778A7C78">
<enum>
(b)
</enum>
<header>
Elimination of
State caps
</header>
<text>
Section 418(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/618">
42 U.S.C. 618(a)
</external-xref>
) is amended—
</text>
<paragraph id="H69F83A352F4D4DCE8E9034382CE744A5">
<enum>
(1)
</enum>
<text>
in paragraph
(2)—
</text>
<subparagraph id="HF4E1BEC961AC4305AD30F44B88AE82CC">
<enum>
(A)
</enum>
<text>
by striking
subparagraphs (B) and (D) and redesignating subparagraph (C) as subparagraph
(B); and
</text>
</subparagraph>
<subparagraph id="H3649BB0F8C45435EB60B2D9818664B82">
<enum>
(B)
</enum>
<text>
in subparagraph
(B) (as so redesignated), by striking
<quote>
the lesser of the State's
allotment under subparagraph (B) or
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H77A0C8BA289646778164D46AB44DE514">
<enum>
(2)
</enum>
<text>
in paragraph (5),
by striking
<quote>
(2)(C)
</quote>
and inserting
<quote>
(2)(B)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HEE79D74CB17B4A58A9BDD69FBB17FC1F">
<enum>
(c)
</enum>
<header>
Open-Ended
entitlement
</header>
<text>
Section 418(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/618">
42 U.S.C. 618(a)
</external-xref>
) is amended—
</text>
<paragraph id="HFD3F1BBE6B9C4530B1F805FF709FE524">
<enum>
(1)
</enum>
<text>
in paragraph (1),
by striking
<quote>
Subject to the amount appropriated under paragraph (3),
each
</quote>
and inserting
<quote>
Each
</quote>
; and
</text>
</paragraph>
<paragraph id="HFF2BC03899004950A3C1BCB7DE67062A">
<enum>
(2)
</enum>
<text>
in paragraph (3),
by striking
<quote>
appropriated—
</quote>
and all that follows and inserting
<quote>
appropriated such sums as are necessary to carry out this section for
each fiscal year.
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H48CAB32F104D4BB991DB4612497B2E90">
<enum>
(d)
</enum>
<header>
Use of funds in
accordance with child care and development block grant act of 1990 except as
required by child care guarantee
</header>
<text>
Section 418(c) (42 U.S.C.
618(c)) is amended by inserting
<quote>
except to the extent that such a
requirement or limitation would interfere with the provision of child care
services required by subsection (b)(2)
</quote>
before the period.
</text>
</subsection>
</section>
<section id="HE8D520343D9F4532A7B64E82C0DF4058">
<enum>
16.
</enum>
<header>
Child support
enforcement
</header>
<subsection id="HB29BC06605074CC78CE6EAF4A66394B5">
<enum>
(a)
</enum>
<header>
Elimination of
ban on providing assistance to families not assigning certain support rights to
the State
</header>
<paragraph id="HE90D9C75D9BD47D5849E910F96894054">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Section 408(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(a)
</external-xref>
) is amended by striking
paragraph (3).
</text>
</paragraph>
<paragraph id="HE4EF163913174CCB97D8A85E9DA88FED">
<enum>
(2)
</enum>
<header>
Conforming
amendments
</header>
<text display-inline="yes-display-inline">
The following
provisions are each amended by inserting after
<quote>
section 408(a)(3)
</quote>
the following:
<quote>
(as in effect before the effective date of the amendments
made by section 10(a) of the Rewriting to Improve and Secure an Exit Out of
Poverty Act took effect)
</quote>
:
</text>
<subparagraph id="H10FCAB7FF2044BE2833C3EBAE84DDB6E">
<enum>
(A)
</enum>
<text>
Section
452(a)(10)(C) (
<external-xref legal-doc="usc" parsable-cite="usc/42/652">
42 U.S.C. 652(a)(10)(C)
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="H18D8D68B292040BDBA9A4C3EAB930784">
<enum>
(B)
</enum>
<text>
Section 452(h) (42
U.S.C. 652(h)).
</text>
</subparagraph>
<subparagraph id="H0CBAF7D7199B4F36A8BB155361AD088D">
<enum>
(C)
</enum>
<text>
Section 454(5)(A)
(
<external-xref legal-doc="usc" parsable-cite="usc/42/654">
42 U.S.C. 654(5)(A)
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="H9BF078BB0CD34768837F3A0A68EBC7E5">
<enum>
(D)
</enum>
<text>
Section 456(a)(1)
(
<external-xref legal-doc="usc" parsable-cite="usc/42/656">
42 U.S.C. 656(a)(1)
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="HC26951A8008C4B808BF5B0C734EF2353">
<enum>
(E)
</enum>
<text>
Section
457(a)(2)(B)(i) (
<external-xref legal-doc="usc" parsable-cite="usc/42/657">
42 U.S.C. 657(a)(2)(B)(i)
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="H8C3A40A9BA1D45FCB2C771F3B152ED7D">
<enum>
(F)
</enum>
<text>
Section
457(a)(3)(A) (
<external-xref legal-doc="usc" parsable-cite="usc/42/657">
42 U.S.C. 657(a)(3)(A)
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="H8AA60AAC404F42DD93192B740100DBC5">
<enum>
(G)
</enum>
<text>
Section
457(a)(3)(B) (
<external-xref legal-doc="usc" parsable-cite="usc/42/657">
42 U.S.C. 657(a)(3)(B)
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="H69F2892D91CB4567A277BB9116CA0701">
<enum>
(H)
</enum>
<text>
Section 464(a)(1)
(
<external-xref legal-doc="usc" parsable-cite="usc/42/664">
42 U.S.C. 664(a)(1)
</external-xref>
).
</text>
</subparagraph>
<subparagraph id="H940AA52AA49A4D4E9CA34A4F8C073611">
<enum>
(I)
</enum>
<text>
Section
466(a)(3)(B) (
<external-xref legal-doc="usc" parsable-cite="usc/42/666">
42 U.S.C. 666(a)(3)(B)
</external-xref>
).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H1D1B6A8EAC56415E9F84CB706B0219D9">
<enum>
(b)
</enum>
<header>
Requirement that
all child support collected on behalf of a child in a family receiving TANF be
distributed to the family
</header>
<paragraph id="H869F1AD430EC4C8B8D2711F81391E007">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Section 457 (
<external-xref legal-doc="usc" parsable-cite="usc/42/657">
42 U.S.C. 657
</external-xref>
) is amended—
</text>
<subparagraph id="HF1A8CE33F5714EC69D95421EF2B50A24">
<enum>
(A)
</enum>
<text>
in subsection
(c)(1), by striking
<quote>
means—
</quote>
and all that follows through
<quote>
(B) foster
</quote>
and inserting
<quote>
means foster
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H67540347EEE545D985A9E2B64D20576D">
<enum>
(B)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD3A7D8D8E84142209DD9FBD0255F4502" style="OLC">
<subsection id="H88F5A852AC82472C98A85D0FCE81B8D0">
<enum>
(f)
</enum>
<text display-inline="yes-display-inline">
Notwithstanding the preceding provisions of
this section, all amounts collected by a State as child support on behalf of a
child in a family that is receiving assistance under the State program funded
under part A or under the State plan approved under part A of this title (as in
effect on the day before the date of the enactment of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996) shall be
distributed to the
family.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HB71D9A80529E49159B650F4D006F3679">
<enum>
(2)
</enum>
<header>
Conforming
amendments
</header>
<text>
Section 458(b)(5)(C)(i)(I) (42 U.S.C.
658(b)(5)(C)(i)(I)) is amended—
</text>
<subparagraph id="HC60EEB17B8734A5BBBF7975B96EE1059">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
is collected on behalf of a child described in section 457(f) or
</quote>
after
<quote>
involved
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HFC5703C7933C44B98B592E454F8DF372">
<enum>
(B)
</enum>
<text>
by striking
<quote>
A or
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="HEB9982300EE3427F9CF7EA919AA0A97A">
<enum>
17.
</enum>
<header>
State option to
extend eligibility for assistance to children through age 21; prohibition on
considering financial aid tied to education of child in determining eligibility
for, or amount of assistance; prohibition on imposing additional requirements
based on educational enrollment of child
</header>
<subsection id="H9935E8B484054817A693F2CF5DC600A7">
<enum>
(a)
</enum>
<header>
State option To
extend TANF to children under age 22
</header>
<text display-inline="yes-display-inline">
Section 419(2) (
<external-xref legal-doc="usc" parsable-cite="usc/42/619">
42 U.S.C. 619(2)
</external-xref>
) is
amended—
</text>
<paragraph id="HD6F775B7644340B5A6BEED95B5CC30CE">
<enum>
(1)
</enum>
<text>
by striking
<quote>
or
</quote>
at the end of subparagraph (A);
</text>
</paragraph>
<paragraph id="H24A2F65C0B064999B3600899F465A958">
<enum>
(2)
</enum>
<text>
by striking the
period at the end of subparagraph (B) and inserting
<quote>
; or
</quote>
;
and
</text>
</paragraph>
<paragraph id="HB14BFA8A30034BBEB31B2AD2903E65F2">
<enum>
(3)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H60E09370F0EA497E88C82C06E1EA8595" style="OLC">
<paragraph id="H3DED36C77094453786134DCBA3EDAF05">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
at the option of the State, has not
attained 22 years of
age.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HEFD6527EE6C94082AA69A86F66B5380E">
<enum>
(b)
</enum>
<header>
Ban on
considering financial aid tied to education of child in determining eligibility
for, or amount of assistance; ban on imposing additional requirements based on
educational enrollment of child
</header>
<paragraph id="H493324F882F04BC7A660487734915A37">
<enum>
(1)
</enum>
<header>
Prohibitions
</header>
<text>
Section
408(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(a)
</external-xref>
), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(1),
9(b)(1), 10(a), 11(a), and 12(b) of this Act, is amended by adding at the end
the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA353BADCA9C2446098EFB67F00D24871" style="OLC">
<paragraph id="H1A3E7505B94E4E76AB272F27898ACA58">
<enum>
(20)
</enum>
<header>
Ban on
considering financial aid tied to education of child in determining eligibility
for, or amount of assistance; ban on imposing additional requirements based on
educational enrollment of child
</header>
<text display-inline="yes-display-inline">
A State to which a grant is made under
section 403 for a fiscal year shall not—
</text>
<subparagraph id="H76924B523AA346B6BF9E05914E49D3FC">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
consider financial aid tied to the
training, school attendance, or postsecondary school attendance of a minor
child in determining that the eligibility of the family of the child for, or
the amount of assistance to be provided to the family, under the State program
funded under this part or any other State program funded by qualified State
expenditures (as defined in section 409(a)(7)(B)(i)); or
</text>
</subparagraph>
<subparagraph id="H98D6CFD92747408CAD74EFFFBF3989DB">
<enum>
(B)
</enum>
<text>
impose additional
requirements on a family solely because the family includes a minor child who
is enrolled in a training program, school, or post-secondary educational
institution.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph display-inline="no-display-inline" id="H3BD4D285319E47FF99FC45E1DB6239A2">
<enum>
(2)
</enum>
<header>
Penalty
</header>
<text>
Section
409(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/609">
42 U.S.C. 609
</external-xref>
), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2),
9(b)(2), 10(b), 11(b), and 12(c) of this Act, is amended by adding at the end
the following:
</text>
<quoted-block display-inline="no-display-inline" id="HACA378433F9A4619A790BD05733E6172" style="OLC">
<paragraph id="H8B4CE34175404F6EBF3289E8365ACD2F">
<enum>
(24)
</enum>
<header>
Considering
educational enrollment of child or of financial aid tied to education of
child
</header>
<text display-inline="yes-display-inline">
If the Secretary
determines that a State to which a grant is made under section 403 in a fiscal
year has violated section 408(a)(20) during the fiscal year, the Secretary
shall reduce the grant payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year by an amount equal to 5 percent of the State
family assistance
grant.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
<section id="HAA093D2EDFC5441484FC161C44C64B7A">
<enum>
18.
</enum>
<header>
Elimination of
certain other bars to TANF assistance
</header>
<subsection id="H6A84333F8D8645C183B0FFEBCB145067">
<enum>
(a)
</enum>
<header>
Bar on
assistance for persons convicted of drug felonies
</header>
<text display-inline="yes-display-inline">
Section 115 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (
<external-xref legal-doc="usc" parsable-cite="usc/21/862a">
21 U.S.C. 862a
</external-xref>
) is
amended—
</text>
<paragraph id="HFF8830AA105E4AB59DD720D024F2A6D8">
<enum>
(1)
</enum>
<text>
in the section
heading by striking
<quote>
<header-in-text level="section" style="OLC">
assistance and
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
supplemental nutrition
assistance
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="HEC2935F114B548769683D6163446D2ED">
<enum>
(2)
</enum>
<text>
in subsection (a),
by striking
<quote>
for—
</quote>
and all that follows through
<quote>
(2)
benefits
</quote>
and inserting
<quote>
for benefits
</quote>
;
</text>
</paragraph>
<paragraph id="H6B60C2A4758D4855B181AB26A48E223B">
<enum>
(3)
</enum>
<text>
in subsection (b),
by striking all through
<quote>
The amount of benefits
</quote>
and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H0FC70BB16798421EBC6B2B172BB71BBA" style="OLC">
<subsection id="H4D250A38F55545B0ABA74EE958C419BF">
<enum>
(b)
</enum>
<header>
Effects on
benefits for others
</header>
<text display-inline="yes-display-inline">
The
amount of
benefits
</text>
</subsection>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HCCA34B6E731C4B449FC71D13BBD67D26">
<enum>
(4)
</enum>
<text>
in subsection (c),
by striking
<quote>
assistance or
</quote>
; and
</text>
</paragraph>
<paragraph id="H2FD1CC78424C4104994BCD0DA9F36262">
<enum>
(5)
</enum>
<text>
in subsection (e),
by striking
<quote>
it—
</quote>
and all that follows through
<quote>
in section
3(s)
</quote>
and inserting
<quote>
it in section 3(s)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H28560EEDE45F455ABBF064D5828C684F">
<enum>
(b)
</enum>
<header>
Bar on
assistance for unwed teen parents not in school
</header>
<text>
Section 408(a)
(
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(a)
</external-xref>
) is amended by striking paragraph (4).
</text>
</subsection>
<subsection id="H84EDEA420AC848798E8582645CD4B5E4">
<enum>
(c)
</enum>
<header>
Bar on
assistance for teens not in an adult-Supervised living
arrangement
</header>
<text>
Section 408(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(a)
</external-xref>
) is amended by
striking paragraph (5).
</text>
</subsection>
<subsection id="H233F09F0BDAA4A7BAF6914B2EA418A39">
<enum>
(d)
</enum>
<header>
Redesignation of
provisions
</header>
<paragraph id="H51C5E3D1495947FFBE82DBCC986843FA">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Section 408(a) (
<external-xref legal-doc="usc" parsable-cite="usc/42/608">
42 U.S.C. 608(a)
</external-xref>
), as amended by the
preceding provisions of this Act, is amended by redesignating paragraphs (6)
through (20) as paragraphs (3) through (17), respectively.
</text>
</paragraph>
<paragraph id="HCD3FDB11EE9C4DBFA4EBA697529D099D">
<enum>
(2)
</enum>
<header>
Conforming
amendments
</header>
<subparagraph id="HADDC175A563A42D197FF4DEF84BFCA85">
<enum>
(A)
</enum>
<text>
Section
402(a)(7)(B) (
<external-xref legal-doc="usc" parsable-cite="usc/42/602">
42 U.S.C. 602(a)(7)(B)
</external-xref>
) is amended by striking
<quote>
408(a)(7)(C)(iii)
</quote>
and inserting
<quote>
408(a)(4)(C)(iii)
</quote>
.
</text>
</subparagraph>
<subparagraph id="H557603A05FD64A8EABC2144E004649D2">
<enum>
(B)
</enum>
<text>
Section
403(a)(5)(C)(ii)(II) (
<external-xref legal-doc="usc" parsable-cite="usc/42/603">
42 U.S.C. 603(a)(5)(C)(ii)(II)
</external-xref>
) is amended by striking
<quote>
408(a)(7)(C)
</quote>
and inserting
<quote>
408(a)(4)(C)
</quote>
.
</text>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="HAC1F3C7E68F94663AE0E97130A85E059">
<enum>
(C)
</enum>
<text>
Section
403(a)(5)(C)(v) (
<external-xref legal-doc="usc" parsable-cite="usc/42/603">
42 U.S.C. 603(a)(5)(C)(v)
</external-xref>
) is amended by striking
<quote>
408(a)(7)
</quote>
and inserting
<quote>
408(a)(4)
</quote>
.
</text>
</subparagraph>
<subparagraph id="H001F08EF57FF4616BFDC0C23F256AE68">
<enum>
(D)
</enum>
<text>
Section
409(a)(7)(B)(i)(IV) (
<external-xref legal-doc="usc" parsable-cite="usc/42/609">
42 U.S.C. 609(a)(7)(B)(i)(IV)
</external-xref>
) is amended by striking
<quote>
408(a)(7)
</quote>
and inserting
<quote>
408(a)(4)
</quote>
.
</text>
</subparagraph>
<subparagraph id="H61EDC295BFEA411A9F2C72CE53CBFEA8">
<enum>
(E)
</enum>
<text>
Section 409(a)(9)
(
<external-xref legal-doc="usc" parsable-cite="usc/42/609">
42 U.S.C. 609(a)(9)
</external-xref>
) is amended by striking
<quote>
408(a)(7)
</quote>
and
inserting
<quote>
408(a)(4)
</quote>
.
</text>
</subparagraph>
<subparagraph id="H166E85E0F4E14AE09559346BBB37EDC8">
<enum>
(F)
</enum>
<text>
Section
409(a)(17), as added by section 7(d)(1)(A)(ii) of this Act, is amended by
striking
<quote>
408(a)(13)
</quote>
and inserting
<quote>
408(a)(10)
</quote>
.
</text>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="HEF7E938F1BAD41CF8B613CBD0F662CA8">
<enum>
(G)
</enum>
<text>
Section
409(a)(18), as added by section 7(d)(1)(B)(ii) of this Act, is amended by
striking
<quote>
408(a)(14)
</quote>
and inserting
<quote>
408(a)(11)
</quote>
.
</text>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H4EE7CC10FF154C9DBCA4B23BC02B466E">
<enum>
(H)
</enum>
<text>
Section
409(a)(19), as added by section 8(b)(2) of this Act, is amended by striking
<quote>
408(a)(15)
</quote>
and inserting
<quote>
408(a)(12)
</quote>
.
</text>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H379221FB56FA431282B7E897E5912F77">
<enum>
(I)
</enum>
<text>
Section
409(a)(20), as added by section 9(b)(2) of this Act, is amended by striking
<quote>
408(a)(16)
</quote>
and inserting
<quote>
408(a)(13)
</quote>
.
</text>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H78C0A34461F04F12A7FD4B2D0D155124">
<enum>
(J)
</enum>
<text>
Section
409(a)(21), as added by section 10(b) of this Act, is amended by striking
<quote>
408(a)(17)
</quote>
and inserting
<quote>
408(a)(14)
</quote>
.
</text>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H86D7893DAFAC43B29AEF6A6C9C4358E7">
<enum>
(K)
</enum>
<text>
Section
409(a)(22), as added by section 11(b) of this Act, is amended by striking
<quote>
408(a)(18)
</quote>
and inserting
<quote>
408(a)(15)
</quote>
.
</text>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H5D4CA1A3196E42499EC2A44B807E09B1">
<enum>
(L)
</enum>
<text>
Section
409(a)(23), as added by section 12(c) of this Act, is amended by striking
<quote>
408(a)(19)
</quote>
and inserting
<quote>
408(a)(16)
</quote>
.
</text>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="HCAD36DE319DA462FA997BFA5A76B3E79">
<enum>
(M)
</enum>
<text>
Section
409(a)(24), as added by section 17(b)(2) of this Act, is amended by striking
<quote>
408(a)(20)
</quote>
and inserting
<quote>
408(a)(17)
</quote>
.
</text>
</subparagraph>
<subparagraph id="H033154ABFBB44A36B1D9A2B2267587A8">
<enum>
(N)
</enum>
<text>
Section
411(a)(1)(A)(xvi) (
<external-xref legal-doc="usc" parsable-cite="usc/42/611">
42 U.S.C. 611(a)(1)(A)(xvi)
</external-xref>
) is amended by striking
<quote>
408(a)(7)
</quote>
and inserting
<quote>
408(a)(7)(A)
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H30A33F50C5674E64BEEC759C824D9CF6">
<enum>
19.
</enum>
<header>
Effective
date
</header>
<subsection id="H78611A49F8144CEBB7CF3A50865946BE">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Except as otherwise
provided in this Act, this Act and the amendments made by this Act shall take
effect on October 1, 2013, and shall apply to payments under title IV of the
Social Security Act for calendar quarters beginning on or after such date,
without regard to whether regulations to implement the amendments are
promulgated by such date.
</text>
</subsection>
<subsection id="HCCCCEF346C084440AC14032DEEF9ABBD">
<enum>
(b)
</enum>
<header>
Delay permitted
if state legislation required
</header>
<text>
If the Secretary of Health and
Human Services determines that State legislation (other than legislation
appropriating funds) is required in order for a State plan under part A or E of
title IV of the Social Security Act to meet the additional requirements imposed
by the amendments made by this Act, the plan shall not be regarded as failing
to meet any of the additional requirements before the 1st day of the 1st
calendar quarter beginning after the close of the first regular session of the
State legislature that begins after the date of the enactment of this Act. If
the State has a 2-year legislative session, each year of the session is deemed
to be a separate regular session of the State legislature.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 814 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Ms. Moore (for herself, Ms. Brown of Florida , Mr. Conyers , Ms. DeLauro , Ms. Norton , Mr. Grijalva , Mr. Brady of Pennsylvania , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reauthorize and amend the program of block grants to States for temporary assistance for needy families and related programs.
1. Short title This Act may be cited as the Rewriting to Improve and Secure an Exit Out of Poverty Act or the RISE Out of Poverty Act . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. State plans required to address whether and how States will provide assistance to neediest geographic areas. Sec. 5. Funding of the TANF program. Sec. 6. Work requirements. Sec. 7. Work rules. Sec. 8. Prohibition on imposing limit of less than 60 months on duration of assistance. Sec. 9. Response of TANF program to economic recessions. Sec. 10. Requirement that States use merit-based system in administration of TANF programs. Sec. 11. Ban on using Federal TANF funds to replace State and local spending that does not meet the definition of qualified State expenditures. Sec. 12. TANF assistance to meet basic family economic needs. Sec. 13. State plans and reports on child poverty. Sec. 14. Requirement that States adopt standards and procedures to address domestic and sexual violence among TANF recipients. Sec. 15. Child care entitlement. Sec. 16. Child support enforcement. Sec. 17. State option to extend eligibility for assistance to children through age 21; prohibition on considering financial aid tied to education of child in determining eligibility for, or amount of assistance; prohibition on imposing additional requirements based on educational enrollment of child. Sec. 18. Elimination of certain other bars to TANF assistance. Sec. 19. Effective date. 3. References Except as otherwise expressly provided in this Act, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Social Security Act. 4. State plans required to address whether and how States will provide assistance to neediest geographic areas Section 402(a)(1)(A)(i) ( 42 U.S.C. 602(a)(1)(A)(i) ) is amended by inserting , including whether and how the State will give priority to providing benefits and services in areas of the State with the greatest need (such as areas with the greatest unemployment rates, the greatest poverty rates, and the least job opportunity to population ratios) before the period. 5. Funding of the TANF program (a) State family assistance grant (1) In general Section 403(a)(1) ( 42 U.S.C. 603(a)(1) ) is amended— (A) in subparagraph (A), by striking fiscal years 1996, and all that follows through 2003, and inserting fiscal year 2013 and each succeeding fiscal year ; and (B) by striking subparagraphs (B) and (C) and inserting the following: (B) State family assistance grant (i) In general The State family assistance grant payable to a State for a fiscal year shall be the greater of— (I) the adjusted basic block grant, plus the amount required to be paid to the State under paragraph (3) (as in effect on September 30, 2010) for fiscal year 2010; or (II) the amount required to be paid to the State under this paragraph for the preceding fiscal year. (ii) Adjusted basic block grant In clause (i), the term adjusted block grant means, with respect to a State, the product of— (I) the amount required to be paid to the State under this paragraph for fiscal year 2010 (determined without regard to any reduction pursuant to section 409 or 412(a)(1)); (II) 1.00, plus the percentage (if any) by which the average of the CPI for the 12-month period ending with June of the preceding fiscal year exceeds the average of the CPI for the 12-month period ending with June 1996, expressed as a decimal; and (III) 1.00, plus the percentage (if any) by which the most recent estimate by the Bureau of the Census of the population of the State that has not attained 18 years of age exceeds the most recent estimate by the Bureau of the Census of that population as of July 1, 1996, expressed as a decimal. (iii) CPI defined In clause (ii), the term CPI means the last Consumer Price Index for All Urban Consumers published by the Department of Labor for the period involved. (C) Appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated such sums as are necessary for grants under this paragraph for each fiscal year. . (2) Conforming amendment to eliminate supplemental grants for population increases in certain States Section 403(a) ( 42 U.S.C. 603(a) ) is amended by striking paragraph (3). (b) Penalty for failure To maintain effort adjusted for inflation Section 409(a)(7) ( 42 U.S.C. 609(a)(7) ) is amended— (1) in subparagraph (A), by inserting the inflation-adjusted before historic State expenditures ; and (2) in subparagraph (B), by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively, and inserting after clause (ii) the following: (iii) Inflation-adjusted historic State expenditures The term inflation-adjusted historic State expenditures means, with respect to a fiscal year— (I) historic State expenditures; multiplied by (II) 1.00, plus (in the case of fiscal year 2014 or any succeeding fiscal year) the percentage (if any) by which the average of the CPI (as defined in section 403(a)(1)(B)(iii)) for the 12-month period ending with June of the preceding fiscal year exceeds the average of the CPI (as so defined) for the 12-month period ending with June 2012, expressed as a decimal. . (c) Modification of contingency fund (1) In general Section 403(b) ( 42 U.S.C. 603(b) ) is amended by striking all that follows paragraph (1) and inserting the following: (2) Grants (A) In general The Secretary shall make a grant to each eligible State and each Indian tribe that is an economically needy entity for a calendar quarter, in an amount equal to 80 percent of the amount (if any) by which the total amount of relevant expenditures of the entity for the quarter exceeds the total amount of the relevant expenditures of the entity for the corresponding quarter in the base year of the entity, subject to paragraph (2). (B) Limitation The total amount payable to an entity under this subsection for a fiscal year shall not exceed an amount equal to 25 percent of the amount payable to the entity— (i) if the entity is a State, under section 403(a)(1) for the fiscal year; or (ii) if the entity is an Indian tribe, under section 412(a)(1) for the fiscal year. (3) Definitions In paragraph (2): (A) Economically needy entity The term economically needy entity means an entity with respect to a calendar quarter— (i) if the seasonally adjusted average unemployment rate with respect to entity for the quarter or any of the preceding 4 calendar quarters exceeds 6.5 percent; or (ii) in the case that the unemployment rate information described in clause (i) is not available with respect to the entity, if the entity meets such qualifications as the Secretary, in consultation with the Secretary of Labor, shall, by regulation, prescribe. (B) Base year The term base year means, with respect to an entity, and a calendar quarter in a fiscal year— (i) except as provided in clause (ii), whichever of the 2 fiscal years most recently preceding the 1st fiscal year of the most recent contingency fund eligibility period for the entity, is the fiscal year in which the relevant expenditures of the entity were the lesser; or (ii) if the 1st year of the period referred to in clause (i) is fiscal year 2013, whichever of fiscal year 2007 or 2008 is the fiscal year in which the relevant expenditures of the entity were the lesser. (C) Contingency fund eligibility period The term contingency fund eligibility period means, with respect to an entity, a period of 1 or more consecutive calendar quarters for which the entity is an economically needy entity. (D) Relevant expenditures (i) In general The term relevant expenditures means expenditures— (I) for assistance under the program funded under this part of the entity (including, in the case of a State, any qualified State expenditures (as defined in section 409(a)(7)(B)(i)) and any expenditures under any other State program funded by such expenditures); (II) for child care; (III) for subsidized employment under the program funded under this part of the entity (including, in the case of a State, such expenditures under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i))), other than expenditures made using Federal funds or with respect to which the entity received a grant made under paragraph (3) of this subsection; and (IV) for administrative costs associated with making the expenditures referred to in the preceding subclauses of this clause. (ii) Child care expenditures For purposes of clause (i), expenditures for child care consist of the following: (I) Amounts transferred under section 404(d)(1)(B). (II) Expenditures for child care assistance from Federal funds provided under this part. (III) In the case of an entity that is a State, expenditures for child care assistance that are qualified State expenditures (as defined in section 409(a)(7)(B)(i)), but only to the extent exceeding the total expenditures of the State (other than from Federal funds) for child care in fiscal year 1994 or 1995 (whichever is the greater). (iii) Authority to collect and adjust data In determining the amount of the expenditures of a State for basic assistance, child care, and subsidized employment, during any period for which the State requests funds under this subsection, and during the base year of the State, the Secretary may make appropriate adjustments to the data, on a State-by-State basis, to ensure that the data are comparable with respect to the groups of families served and the types of aid provided. The Secretary may develop a mechanism for collecting expenditure data, including procedures which allow States to make reasonable estimates, and may set deadlines for making revisions to the data. (4) Use of grant Each State to which a grant is made under this subsection shall use the grant to serve areas of the State with the greatest need (as referred to in section 402(a)(1)(A)). (5) Appropriation (A) In general Out of any funds in the Treasury of the United States not otherwise appropriated, there are appropriated for payment to the Fund— (i) $2,500,000,000 for fiscal year 2013; and (ii) for each succeeding fiscal year, the amount appropriated under this paragraph for the then preceding fiscal year, increased by the percentage (if any) by which the amount appropriated under section 403(a)(1) for the fiscal year involved exceeds the amount appropriated under such section for the then preceding fiscal year. (B) Availability Amounts made available under this paragraph for a fiscal year shall remain available until expended. (6) Actions to be taken in anticipation of exhaustion of fund The Secretary shall monitor the amount in, and the rate at which amounts are paid from, the Fund, and if the Secretary determines that the Fund will be exhausted within 6 months, the Secretary shall— (A) notify the Congress of the determination; and (B) develop and communicate to each State and Indian tribe that is an economically needy entity as of the date of the determination, the procedure for allocating amounts in the Fund among such entities. . (2) Elimination of penalty for failure of state receiving amounts from contingency fund to maintain 100 percent of historic effort (A) In general Section 409(a) ( 42 U.S.C. 609(a) ) is amended by striking paragraph (10) and redesignating paragraphs (11) through (16) as paragraphs (10) through (15), respectively. (B) Conforming amendments Section 409 ( 42 U.S.C. 609 ) is amended in each of subsections (b)(2) and (c)(4), by striking (10), (12), or (13) and inserting (11), or (12) . (3) Conforming amendment Section 409(a)(3)(C) ( 42 U.S.C. 609(a)(3)(C) ) is amended by striking needy State (as defined in section 403(b)(6)) and inserting economically needy entity (as defined in section 403(b)(3)(A)) . (4) Amounts provided to territories from the Contingency Fund to be disregarded for purposes of limitation on payments to the territories Section 1108(a)(2) ( 42 U.S.C. 1308(a)(2) ) is amended by inserting 403(b), before 406, . (d) Matching grants for subsidized employment (1) In general Section 403(a) ( 42 U.S.C. 603(a) ), as amended by subsection (a)(2) of this section, is further amended by inserting after paragraph (2) the following: (3) Matching grants for subsidized employment (A) In general The Secretary shall make a grant— (i) to each eligible State that is 1 of the 50 States or the District of Columbia, for each fiscal year for which the State is an MOE State; and (ii) to each State that is not 1 of the 50 States or the District of Columbia, and to each Indian tribe, for each fiscal year for which the State or tribe, as the case may be, meets such terms and conditions as the Secretary shall, by regulation, establish, which shall be comparable to the terms and conditions under which grants are made under clause (i). (B) MOE State In subparagraph (A), the term MOE State means a State if the qualified expenditures of the State (as defined in section 409(a)(7)(B)(i)) for the fiscal year exceeds the applicable percentage (as defined in clause (ii) of such section) of inflation-adjusted historic State expenditures (as defined in clause (iii) of such section) of the State with respect to the fiscal year. (C) Amount of grant (i) States (I) In general The grant to be made to a State under subparagraph (A)(i) for a fiscal year shall be in an amount equal to 50 percent of the excess expenditures of the State for subsidized employment during the fiscal year. (II) Excess expenditures of the State for subsidized employment The term excess expenditures of the State for subsidized employment means, with respect to a fiscal year, the lesser of— (aa) the excess described in subparagraph (B) with respect to the State for the fiscal year; or (bb) an amount equal to the total expenditures of the State for subsidized employment funded under this part or under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)), excluding those with respect to which a grant is made to the State under subsection (b) of this section, during the fiscal year. (ii) Indian tribes The grant to be made to an Indian tribe under this paragraph shall be in such amount as the Secretary deems appropriate. (D) Use of grant Notwithstanding section 404, a State or Indian tribe to which a grant is made under this paragraph shall use the grant solely to finance subsidized employment activities, and to serve areas of the State with the greatest need (as referred to in section 402(a)(1)(A)). (E) Appropriation Out of any funds in the Treasury of the United States not otherwise appropriated, there are appropriated such sums as are necessary for grants under this paragraph for each fiscal year. . (2) Amounts provided to territories from the matching grant to be disregarded for purposes of limitation on payments to the territories Section 1108(a)(2) ( 42 U.S.C. 1308(a)(2) ) is amended by inserting 403(a)(3), after 403(a)(2), . (3) Data reports required with respect to families that include an individual participating in subsidized employment programs Section 411(a)(1)(A) (42 U.S.C. 611(a)(1)(A)) is amended, in the matter before clause (i), by inserting , and families that include an individual participating in subsidized employment funded with Federal funds or qualified State expenditures (as so defined) before the colon. (e) Tribal family assistance grants Section 412(a)(1) ( 42 U.S.C. 612(a)(1) ) is amended— (1) in subparagraph (A), by striking fiscal year 2012 and inserting each fiscal year ; and (2) in subparagraph (B)— (A) by redesignating clause (ii) as clause (iii); and (B) by striking clause (i) and inserting the following: (i) In general The amount determined under this subparagraph for a fiscal year is an amount equal to the sum of the adjusted historic expenditures for the fiscal year with respect to each State in which there lies a service area of the Indian tribe is located. (ii) Adjusted historic expenditures defined In clause (i), the term adjusted historic expenditures means, with respect to a fiscal year, a State, and an Indian tribe, the total amount of the Federal payments to the State under section 403 (as then in effect) for fiscal year 1994 attributable to expenditures (other than child care expenditures) by the State under parts A and F (as so in effect) for fiscal year 1994 for Indian families residing in the service areas identified by the tribe pursuant to subsection (b)(1)(C) of this section that are in the State, increased by the percentage (if any) by which the amount of the grant payable under section 403(a)(1) for the fiscal year to the State exceeds the amount of the grant so payable to the State for fiscal year 2010. . (f) Census bureau study Section 414 ( 42 U.S.C. 614 ) is amended— (1) by striking subsection (a) and inserting the following: (a) In general The Director of the Bureau of the Census shall conduct a study to assess the effects of policies and programs related to low-income families, including policies and programs under State programs funded under this part or funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), including changes and policies in such programs made pursuant to the Rewriting to Improve and Secure an Exit Out of Poverty Act. The Director shall design the study in consultation with the Secretary. Every 5 years, the Director shall, in consultation with the Secretary, revise the content and nature of the study to reflect emerging policy issues related to low-income families. ; and (2) in subsection (b), by striking fiscal year 2012 and inserting each fiscal year . (g) Funding of studies and evaluations Section 413(h)(1) ( 42 U.S.C. 613(h)(1) ) is amended by striking fiscal year 2012 and inserting each fiscal year . (h) Matching grants to certain territories Section 1108 ( 42 U.S.C. 1308 ) is amended— (1) in subsection (a)(2), by inserting section 403(a)(1) (to the extent exceeding the amount required to be so paid to the territory for fiscal year 2011), before 403(a)(2) ; and (2) in subsection (b)(2), by striking fiscal year 2012 and inserting each fiscal year . 6. Work requirements (a) Participation rate requirement Section 407 ( 42 U.S.C. 607 ) is amended by striking subsections (a) and (b) and inserting the following: (a) Participation rate requirement (1) In general A State to which a grant is made under section 403 for a fiscal year shall achieve a minimum participation rate of 50 percent with respect to all families residing in the State that include a work-eligible individual. (2) Work-eligible individual defined (A) In general In subsection (a), the term work-eligible individual , subject to subparagraphs (B) and (C), means— (i) an adult recipient of assistance under the State program funded under this part or under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)); (ii) a former recipient of such assistance who is— (I) a parent of a dependent child who is such a recipient; and (II) no longer eligible for assistance under the State program funded under this part by reason of section 408(a)(7); and (iii) a participant in a subsidized employment program funded under this part or under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)). (B) Exclusion of individuals sanctioned or undergoing pre-sanction review The term work-eligible individual does not include any individual with respect to whom— (i) there is in effect a penalty imposed by the State under subsection (e) of this section; or (ii) the State has initiated (but not completed) the pre-sanction review process pursuant to section 408(a)(14)(A). (C) State option to exclude certain individuals A State may exclude from the term work-eligible individual any resident of the State who is— (i) a single parent caring for a child who has not attained 1 year of age; (ii) a recipient of supplemental security income benefits under title XVI, disability insurance benefits under title II, or other Federal or State benefits based on disability; (iii) an applicant for supplemental security income benefits under title XVI; (iv) an individual who is needed in the home of the individual to care for a disabled member of the family of the individual; or (v) an individual who (but for the exercise of the State option under this clause) would be a work-eligible individual under a tribal family assistance plan approved under section 412 or under a tribal work program to which funds are provided under this part. (b) Calculation of participation rates (1) Average monthly rate For purposes of subsection (a), the participation rate of a State for a fiscal year is the average of the participation rates of the State for each month in the fiscal year. (2) Monthly participation rate For purposes of paragraph (1), the participation rate of a State for a month, expressed as a percentage, is— (A) the number of families residing in the State that include a work-eligible individual who is engaged in work for the month; divided by (B) the number of families residing in the State that include a work-eligible individual. . (b) Participation requirements Section 407(c) ( 42 U.S.C. 607(c) ) is amended to read as follows: (c) Engaged in work For purposes of subsection (b): (1) General rule An individual is engaged in work for a month in a fiscal year if the recipient is participating in work activities for an average of at least 20 hours per week during the month. (2) Individuals complying with a modified employability plan deemed to be engaged in work An individual is deemed to be engaged in work for a month if the State determines that the individual is in substantial compliance with the activities and hourly participation requirements of a modified employability plan developed for the individual in accordance with section 408(h). (3) Single teen head of household or married teen who maintains satisfactory school attendance deemed to be engaged in work An individual who is married or a head of household and has not attained 20 years of age is deemed to be engaged in work for a month if the recipient maintains satisfactory attendance at secondary school or the equivalent during the month. . (c) Elimination of 12-Month limit on counting vocational educational training as a work activity Section 407(d)(8) ( 42 U.S.C. 607(d)(8) ) is amended by striking (not to exceed 12 months with respect to any individual) . 7. Work rules (a) Option of recipient To have trained personnel assess certain barriers to employment; additional matters required To be assessed Section 408(b)(1) ( 42 U.S.C. 608(b)(1) ) is amended— (1) by inserting (which, at the option of the recipient, shall be conducted by trained personnel with respect to barriers to employment specified by the recipient) after assessment ; and (2) by striking and employability and inserting employability, physical and mental impairments, English proficiency, child care needs, and whether the recipient is a victim of domestic or sexual violence, . (b) Individual responsibility plans (1) Plans required; plans to include well-being plans for children Section 408(b)(2)(A) (42 U.S.C. 608(b)(2)(A)) is amended— (A) in the matter preceding clause (i), by striking may and inserting shall ; (B) in clause (iv)— (i) by inserting , supports, after counseling ; and (ii) by striking and at the end; (C) in clause (v), by striking the period and inserting ; and ; and (D) by adding at the end the following: (vi) describe a well-being plan for each child in the family. . (2) Deadline for completion of plan Section 408(b)(2)(B) ( 42 U.S.C. 608(b)(2)(B) ) is amended by striking individual— and all that follows and inserting individual within 90 days after the individual is determined eligible for the assistance. . (3) Sanction for failure of State to develop plan Section 409(a) (42 U.S.C. 609(a)), as amended by section 5(c)(2)(A) of this Act, is amended by adding at the end the following: (16) Penalty for failure of State to develop required individual responsibility plan (A) In general If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(b)(2) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to not more than 5 percent of the State family assistance grant. (B) Penalty based on severity of failure The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance. . (4) Conforming amendment Section 408(b) ( 42 U.S.C. 608(b) ) is amended by striking paragraph (4). (c) Modified employability plans for certain individuals with disabilities Section 408 ( 42 U.S.C. 608 ) is amended by adding at the end the following: (h) Authority To develop modified employability plan for a recipient of assistance with, or caring for a family member with, a disability (1) In general A State may develop a modified employability plan for a recipient of assistance under the State program funded under this part— (A) who— (i) is a work-eligible individual (as defined in section 407(a)(2)); and (ii) has been determined by a qualified medical, mental health, addiction, or social services professional (as determined by the State) to have a disability; or (B) who is caring for a family member with a disability (as so determined). (2) Contents of plan The modified employability plan shall— (A) include a determination that, because of the disability of the recipient or the individual for whom the recipient is caring, reasonable modification of work activities, hourly participation requirements, or both, is needed in order for the recipient to participate in the activities; (B) describe the modified work activities in which the recipient is required to participate; (C) specify the number of hours per week for which the recipient is required to participate in the modified work activities, based on an evaluation by the State of the circumstances of the family; (D) describe the services, supports, and modifications that the State will provide to the recipient or the family of the recipient; (E) be developed in cooperation with the recipient; and (F) be reviewed not less often than every 6 months. (3) Definitions In this subsection: (A) Disability The term disability means a mental or physical impairment, including substance abuse or addiction, that— (i) constitutes or results in a substantial impediment to employment; or (ii) substantially limits 1 or more major life activities. (B) Modified work activities The term modified work activities means activities which the State has determined will help the recipient become employable. . (d) Sanctions (1) General sanction provisions (A) Prohibition on imposing lifetime or full family sanction (i) Prohibition Section 408(a) ( 42 U.S.C. 608(a) ) is amended by adding at the end the following: (13) Prohibition on imposing lifetime or full family sanction A State to which a grant is made under section 403 shall not impose a lifetime prohibition on the provision of assistance to any individual or family under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) on the basis of the failure of a member of the family to comply with a program requirement. . (ii) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by section 5(c)(2)(A) of this Act and subsection (b)(3) of this section, is amended by adding at the end the following: (17) Penalty for imposing lifetime or full family sanction If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . (B) Due process protections (i) In general Section 408(a) ( 42 U.S.C. 608(a) ), as amended by subparagraph (A)(i) of this paragraph, is amended by adding at the end the following: (14) Sanction procedures (A) Pre-sanction review process Before imposing a sanction against an individual or family receiving assistance under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for failure to comply with program requirements, the State shall take the following steps: (i) Provide or send notice to the individual or family, and, if the recipient’s native language is not English, through a culturally competent written or verbal translation, of the following information: (I) The specific reason for the proposed sanction. (II) The amount of the proposed sanction. (III) The length of time during which the proposed sanction would be in effect. (IV) The steps required to come into compliance or to show good cause for noncompliance. (V) That the agency will provide assistance to help the individual demonstrate good cause for noncompliance, or come into compliance with program requirements. (VI) That the individual may appeal the determination to impose a sanction, and the steps that the individual must take to pursue such an appeal. (ii) (I) Ensure that, subject to clause (iii)— (aa) an individual, other than the individual who determined that a sanction be imposed, will review the determination and have the authority to take the actions described in subclause (II); and (bb) the individual or family against whom the sanction is to be imposed shall be afforded the opportunity to meet with the individual who is reviewing the determination to impose the sanction. (II) The action described in this subclause are the following: (aa) Modify the determination to impose a sanction. (bb) Determine that there was good cause for the failure to comply. (cc) Recommend modifications to the individual responsibility or employment plan of an individual. (dd) Make such other determinations and take such other actions as may be appropriate. (iii) The review required under clause (ii) shall include consideration of the following: (I) To the extent applicable, whether barriers to compliance exist, such as a physical or mental impairment (including mental illness, substance abuse, mental retardation, or a learning disability), domestic or sexual violence, limited proficiency in English, limited literacy, homelessness, or the need to care for a child with a disability or health condition, that contributed to the noncompliance. (II) Whether the noncompliance resulted from failure to receive or have access to services identified as necessary in an individual responsibility or employment plan. (III) Whether changes to the individual responsibility or employment plan of an individual should be made in order for the individual to come into compliance. (IV) Whether there is good cause for any noncompliance. (V) Whether the sanction policies of the State have been applied properly. (B) Sanction follow-up requirements If a State imposes a sanction on a family or individual for failing to comply with program requirements, the State shall— (i) provide or send notice to the individual or family, in language calculated to be understood by the individual or family, and, if the individual’s or family’s native language is not English, through a culturally competent translation, of the reason for the sanction and the steps the individual or family must take to end the sanction; (ii) resume full assistance, services, or benefits to the individual or family under the program (if the individual or family is otherwise eligible for the assistance, services, or benefits) once the individual who was not in compliance with program requirements that led to the sanction complies with the requirements for a reasonable period of time, as determined by the State and subject to State discretion to reduce the period; and (iii) if the State has not resumed providing the assistance, services, or benefits as of the end of the 120-day period that begins on the date that is 60 days after the date on which the sanction was imposed, provide notice to the individual or family, in language calculated to be understood by the individual or family, of the steps the individual or family must take to end the sanction, and of the availability of assistance to come into compliance or demonstrate good cause for noncompliance. (C) Notice to evicted persons The State shall make a reasonable effort to provide to an individual or family that has been evicted from a residence for failure to pay rent or as a result of another problem related to poverty, any notice required by this paragraph to be provided to the individual or family. . (ii) Penalty Section 409(a) ( 42 U.S.C. 609(a) ), as amended by section 5(c)(2)(A) of this Act, subsection (b)(3) of this section, and subparagraph (A)(ii) of this paragraph, is amended by adding at the end the following: (18) Penalty for failure to follow sanction procedures (A) In general If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(14) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to not more than 5 percent of the State family assistance grant. (B) Penalty based on severity of failure The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance. . (iii) State plan requirement to describe how states will notify applicants and recipients of their rights under the program and of potential benefits and services available under the program Section 402(a)(1)(B)(iii) (42 U.S.C. 602(a)(1)(B)(iii)) is amended by inserting , and will notify applicants and recipients of assistance under the program of the rights of individuals under all laws applicable to program activities and of all potential benefits and services available under the program before the period. (2) Modifications to work sanction (A) Elimination of full family sanction; State required to establish certain good cause exceptions Section 407(e)(1) ( 42 U.S.C. 607(e)(1) ) is amended— (i) by striking shall— and all that follows through subparagraph (B) and inserting shall reduce the amount of assistance otherwise payable to the family pro rata with respect to any period during a month in which the individual so refuses, ; and (ii) by striking may establish and inserting the following shall establish, which shall include the decline of an offer of employment at a wage less than the greater of the applicable Federal or State minimum wage, or 80 percent of the wage that would have governed had the minimum hourly rate under the Fair Labor Standards Act been applicable to the offer of employment, at a site subject to a strike or lockout at the time of refusal, or for medical reasons or a lack of sufficient physical strength or stamina . (B) Prohibition on sanctioning individual for failure to engage in work if individual has a child under age 6 months or if failure results from inability to secure child care or after-school arrangements for a child under age 13 Section 407(e)(2) ( 42 U.S.C. 607(e)(2) ) is amended by striking refusal and all that follows and inserting failure of an individual to engage in work required in accordance with this section if— (A) the individual is a single custodial parent caring for a child who has not attained 6 months of age; or (B) the individual is the single custodial parent caring for a child who has not attained 13 years of age, and the failure resulted from the inability of the individual to secure child care or after-school arrangements for the child . (3) Modifications to child support sanction Section 408(a)(2) ( 42 U.S.C. 608(a)(2) ) is amended by striking State— and all that follows and inserting State shall deduct from the assistance that would otherwise be provided to the family of the individual under the State program funded under this part an amount equal to 25 percent of the amount of the assistance. . (e) Related state plan requirement Section 402(a) ( 42 U.S.C. 602(a) ) is amended by adding at the end the following: (8) Certification that employment assessments and sanction reviews will be conducted by competent personnel A certification by the chief executive officer of the State that the employment assessments conducted pursuant to section 408(b)(1) and the sanction reviews conducted pursuant to section 408(a)(14)(A) will be conducted by personnel who have sufficient education, training, and professional competence to do so, which shall include information on the education, training, and professional competence that State will require of the personnel. . 8. Prohibition on imposing limit of less than 60 months on duration of assistance (a) Prohibition (1) In general Section 408(a)(7) (42 U.S.C. 608(a)(7)) is amended— (A) in the paragraph heading, by striking No assistance for more than 5 years and inserting Durational limits on assistance ; (B) in the heading for subparagraph (A), by striking In general and inserting No assistance for more than 5 years ; and (C) by adding at the end the following: (H) Prohibition on limiting duration of assistance to less than 60 months A State to which a grant is made under section 403 shall not impose a limit of less than 60 months on the duration for which a family may be provided assistance from Federal or State funds under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)). . (2) Conforming amendment The heading of section 409(a)(9) ( 42 U.S.C. 609(a)(9) ) is amended by striking 5-year limit and inserting rules governing durational limits . (b) Requirement To conduct outreach To inform potentially eligible families of elimination of durational limit on assistance of less than 60 months (1) In general Section 408(a) ( 42 U.S.C. 608(a) ), as amended by section 7(d)(1) of this Act, is amended by adding at the end the following: (15) Requirement to conduct outreach to inform potentially eligible recipients of assistance of elimination of durational limit on assistance of less than 60 months A State to which a grant is made under section 403 for a fiscal year that, before the effective date of this paragraph, denied assistance under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)) to an individual or family on the basis of a durational limit on the assistance that was imposed other than under section 408(a)(7) shall conduct outreach to inform individuals and families who were so denied that they may be eligible for additional months of the assistance. . (2) Penalty Section 409(a) ( 42 U.S.C. 609(a) ), as amended by sections 5(c)(2)(A) and 7(d)(1) of this Act, is amended by adding at the end the following: (19) Failure to conduct outreach to inform potentially eligible recipients of assistance of elimination of durational limit on assistance of less than 60 months If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(15) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . (c) State plan required To include description of how potentially eligible recipients will be informed of elimination of durational limit on assistance of less than 60 months Section 402(a)(1)(B) ( 42 U.S.C. 602(a)(1)(B) ) is amended by adding at the end the following: (vi) In the case of a State that, before the date this clause takes effect, denied assistance under the program to an individual or family on the basis of a durational limit on the assistance that was imposed other than under section 408(a)(7), the document shall describe how the State intends to inform the individuals and families who were so denied that they may be eligible for additional months of the assistance. . 9. Response of TANF program to economic recessions (a) Inapplicability of durational limit on assistance Section 408(a)(7) ( 42 U.S.C. 608(a)(7) ), as amended by section 8(a)(1)(C) of this Act, is amended by adding at the end the following: (I) Inapplicability of durational limit during recession Subparagraph (A) shall not apply in a State during any month which is in a high unemployment period with respect to the State. (J) Disregard of assistance provided during recession In determining the number of months for which an adult has received assistance under a State or tribal program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)), the State or tribe shall disregard any month which is in a high unemployment period with respect to the State. (K) 6-month grace period required after recession Subparagraph (A) shall not apply to a recipient of assistance under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)) during the 6-month period that begins with the month immediately following a high unemployment period with respect to the State if the recipient received the assistance for the last month of the period. . (b) Requirement To conduct outreach To inform potentially eligible families of suspension of durational limit on assistance (1) In general Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 7(d)(1) and 8(b)(1) of this Act, is amended by adding at the end the following: (16) Requirement to conduct outreach to inform potentially eligible recipients of assistance of suspension of durational limit on assistance In each month which is a high unemployment period with respect to a State to which a grant is made under section 403 for a fiscal year, the State shall conduct outreach to inform individuals and families who are potentially eligible for assistance under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)) of the suspension of any durational limit on assistance under the program. . (2) Penalty Section 409(a) ( 42 U.S.C. 609(a) ), as amended by sections 5(c)(2)(A), 7(d)(1), and 8(b)(2) of this Act, is amended by adding at the end the following: (20) Failure to conduct outreach to inform potentially eligible recipients of assistance of suspension of durational limit on assistance If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(16) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . (c) State plan required To include description of how potentially eligible recipients will be informed of suspension of time limits during recession Section 402(a)(1)(B) ( 42 U.S.C. 602(a)(1)(B) ), as amended by section 8(c) of this Act, is amended by adding at the end the following: (vii) The document shall describe how the State intends to inform potentially eligible recipients of assistance under the program of the suspension of durational limits on the assistance during a high unemployment period with respect to the State. . (d) High unemployment period defined Section 419 ( 42 U.S.C. 619 ) is amended by adding at the end the following: (6) High unemployment period defined The term high unemployment period means, with respect to a State, a period of 1 or more consecutive months if the average rate of total unemployment in the State (seasonally adjusted) for the period consisting of the then most recent 3 months for which data for all States are published equals or exceeds 6.5 percent. . 10. Requirement that States use merit-based system in administration of TANF programs (a) Program requirement Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 7(d)(1), 8(b)(1), and 9(b)(1) of this Act, is amended by adding at the end the following: (17) Requirement to use merit-based system in administering program A State to which a grant is made under section 403 shall establish and maintain personnel standards through a merit-based system, in administering the State program funded under this part and any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)). . (b) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2), and 9(b)(2) of this Act, is amended by adding at the end the following: (21) Penalty for failure to use merit-based system in administering program If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(17) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . 11. Ban on using Federal TANF funds to replace State and local spending that does not meet the definition of qualified State expenditures (a) Prohibition Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 7(d)(1), 8(b)(1), 9(b)(1), and 10(a) of this Act, is amended by adding at the end the following: (18) Ban on using federal TANF funds to replace state or local spending that is not a qualified state expenditure A State to which a grant is made under section 403, and a sub-State entity that receives funds from such a grant, shall not expend any part of the grant funds to supplant State or local spending for benefits or services which are not qualified State expenditures (within the meaning of section 409(a)(7)(B)(i)). . (b) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2), 9(b)(2), and 10(b) of this Act, is amended by adding at the end the following: (22) Use of federal TANF funds to replace state or local spending that is not a qualified state expenditure If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(18) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . 12. TANF assistance to meet basic family economic needs (a) State plan requirement Section 402(a)(1)(B) ( 42 U.S.C. 602(a)(1)(B) ), as amended by sections 8(c) and 9(d) of this Act, is amended by adding at the end the following: (viii) Family budget provisions The document shall set forth a family budget of a dollar amount sufficient to meet the basic economic needs (including food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses) of a family, how the family budget is adjusted for family size, the method used to estimate the family budget (including a statement of the relationship between shelter and utility costs and the fair market rents in localities in the State), and the relationship between the amount of assistance provided to each family under the program and the amount of the family budget for the family. . (b) Program requirement Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 7(d)(1), 8(b)(1), 9(b)(1), 10(a), and 11(a) of this Act, is amended by adding at the end the following: (19) Requirement that amount of assistance meet basic economic needs A State to which a grant is made under section 403 shall ensure that the total amount of assistance provided to a family under the State program funded under this part and all programs funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for which the family is eligible is sufficient to meet the basic economic needs of the family, taking into account all earned and unearned income of the family and an amount not to exceed the value of the supplemental nutrition assistance benefits provided to the family under the Food and Nutrition Act of 2008. . (c) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2), 9(b)(2), 10(b), and 11(b) of this Act, is amended by adding at the end the following: (23) Penalty for failure of State tanf assistance to meet basic economic needs of a recipient family If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(19) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . 13. State plans and reports on child poverty (a) Child poverty reduction as a purpose of the TANF program Section 401(a)(1) ( 42 U.S.C. 601(a)(1) ) is amended by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively, and by inserting before paragraph (2) (as so redesignated) the following: (1) reduce poverty among children; . (b) State plan provisions (1) Matters required to be addressed Section 402(a)(1)(A) ( 42 U.S.C. 602(a)(1)(A) ) is amended by adding at the end the following: (ix) Goals and methods for reducing child poverty Reduce child poverty using Federal funds provided under this part and State funds, including establishing numerical goals for reducing child poverty. (x) Goals and tracking of work outcomes Track work-related outcomes for recipients of assistance under the program, such as employment entries, wages, and job retention, including establishing numerical goals for work-related outcomes for recipients. (xi) Provide preventative services to families at-risk of abuse or neglect Provide benefits and services to families at-risk of having their children removed from the home because of abuse and neglect, using Federal funds provided under this part and State funds. (xii) How noncustodial parents will be served Serve noncustodial parents, using Federal funds provided under this part and State funds. . (2) Public availability Section 402(c) ( 42 U.S.C. 602(c) ) is amended to read as follows: (c) Public availability (1) In general The State shall make available to the public, including by posting on a public website of the State or another appropriate website— (A) each draft of any plan or plan amendment to be submitted by the State under this section, for at least 45 days before the submission; and (B) any such plan or amendment certified by the Secretary to be complete. (2) Procedures The State shall establish procedures to receive and respond to comments from the public, private sector organizations, and local governments on any draft referred to in paragraph (1). . (c) Annual performance report Section 411 ( 42 U.S.C. 611 ) is amended by adding at the end the following: (e) Annual performance report by States Not later than December 31 of each year, each eligible State shall submit to the Secretary (in accordance with such form and content rules as the Secretary, in consultation with the National Governor’s Association, National Association of State Legislatures, and the American Public Human Services Association, develops) a report on the following aspects of the State program funded under this part in the preceding fiscal year: (1) Whether the State met the child poverty reduction goals set forth in the State plan. This part of the report shall include a discussion of the factors, including benefits, services, and activities funded with Federal funds provided under this part or State funds, which contributed to the meeting of, or the failure to meet, the goals. (2) Whether the work programs of the State were effective in meeting the objectives and numerical goals of the State plan. This part of the report shall include a discussion of data derived from the tracking of recipients, including— (A) the number of families that left the State program funded under this part; (B) the employment rate for those who left the program in each calendar quarter; (C) the wage rates of those who left the program, including the percentage of leavers who, in each calendar quarter, earned an amount equal to at least 50 percent of the average wage then paid in the State; and (D) the employment outcomes of those who left the program because of a durational limit on assistance, reported at 6 months, 12 months, 24 months, and 36 months after leaving the program. The Secretary shall provide States with technical assistance in preparing this part of the report, including by providing States with data from the National Directory of New Hires. (3) Whether the State has been effective in providing benefits and services under the program to persons with disabilities. This part of the report shall include a report on recipients of assistance under the State program funded under this part who participated in work activities (as defined in section 407(d)) pursuant to a modified employability plan due to disability, including the following: (A) The aggregate number of recipients with modified employability plans due to a disability. (B) The percentage of all recipients with modified employability plans who substantially complied with activities set forth in the plans each month of the fiscal year. (C) Information regarding the most prevalent types of physical and mental impairments that provided the basis for the disability determinations. (D) The percentage of cases with a modified employability plan in which the recipient had a disability, was caring for a child with a disability, or was caring for another family member with a disability. (E) A description of the most prevalent types of modification in work activities or hours of participation that were included in the modified employability plans. (F) A description of the qualifications of the staff who determined whether individuals had a disability, of the staff who determined that individuals needed modifications to their work requirements, and of the staff who developed the modified employability plans. (4) The effectiveness of the benefits and services provided under the State program in reducing the number of children removed from their homes because of abuse and neglect. This part of the report shall include an analysis which includes the following: (A) The number of families provided the benefits or services that were at risk of having their children removed from the home. (B) The number of families served by the program that had 1 or more children removed from the home because of abuse or neglect. (5) An analysis of the extent to which the benefits and services under the State program were provided to noncustodial parents. (6) How funds provided to the State under this part, with a separate accounting for funds provided under section 403(a)(3) and funds provided under section 403(b), were used to serve areas of the State with the greatest need (as referred to in section 402(a)(1)(A)(i)). This part of the report shall include supporting data. . (d) Annual report to Congress on the efforts of State programs To promote and support employment for individuals with disabilities Section 411 ( 42 U.S.C. 611 ), as amended by subsection (c) of this section, is amended by adding at the end the following: (f) Report by Secretary Not later than July 31 of each fiscal year, the Secretary shall submit to the Congress a report, entitled Efforts in State TANF Programs to Promote and Support Employment for Individuals with Disabilities , that includes information on State efforts to engage individuals with disabilities in work activities during the preceding fiscal year. The report shall include the following information: (1) For each State, the number of individuals for whom the State has developed a modified employability plan. (2) The types of physical and mental impairments that provided the basis for the disability determination, and whether the individual with the disability was an adult recipient or minor child head of household, a child, or a non-recipient family member. (3) The types of modifications that States have included in modified employability plans. (4) The extent to which individuals with a modified employability plan are participating in work activities. (5) For each State, an analysis of the extent to which the option to establish modified employability plans was a factor in the State achieving or not achieving the minimum participation rate required by section 407(a). . (e) Report to Congress on legislative options To reward States with high employment rates and high rates of employment at good wages Within 4 years after the effective date of this section, the Secretary of Health and Human Services shall submit to the Congress a report that sets forth options for the enactment of legislation to provide financial or other rewards to States that have high rates of employment and high rates of employment at good wages. 14. Requirement that States adopt standards and procedures to address domestic and sexual violence among TANF recipients (a) In general Section 402(a)(7) (42 U.S.C. 602(a)(7)) is amended— (1) by striking the paragraph heading and inserting Certification of standards and procedures regarding domestic and sexual violence ; (2) by striking subparagraph (A) and inserting the following: (A) In general A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to ensure the right and entitlement of victims of domestic or sexual violence (notwithstanding section 401(b)) seeking or receiving assistance under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i))— (i) to be screened and identified while maintaining the confidentiality of the victims; (ii) to be referred to counseling and supportive services; (iii) to be granted a waiver, pursuant to a determination of good cause, of program requirements such as time limits (for so long as necessary), residency requirements, child support cooperation requirements, and family cap provisions, in cases where compliance with the requirements would make it more difficult for the victims to escape domestic or sexual violence or unfairly penalize the victims or other individuals who are at risk of further domestic or sexual violence; (iv) to apply to participate in the program on the same day the victim appears in person in a program office during office hours; (v) to have an application that contains the name, address, and signature of the victim considered to be filed on the date the application is submitted; (vi) to receive at the time of application a clear, written statement explaining what the victim must do to cooperate in obtaining verification and otherwise completing the application process; and (vii) if the victim has completed the application process, to have the eligibility of the victim for assistance determined promptly, and to be provided assistance retroactive to the application date if determined eligible within 30 days after the application date. ; and (3) in subparagraph (B)— (A) in the subparagraph heading, by inserting or sexual after Domestic ; and (B) in the text, by inserting or sexual after domestic . (b) Report to the Congress on best practices of States Section 413 ( 42 U.S.C. 613 ) is amended by adding at the end the following: (k) Report to Congress on best practices of States in addressing domestic and sexual violence suffered by TANF recipients Every 4 years, the Secretary shall prepare and submit to the Congress a report which examines the practices of States in implementing section 402(a)(7), and identifies the best practices used to do so. . (c) Effective date The amendments made by this section shall take effect on October 1, 2013. 15. Child care entitlement (a) Replacement of requirement that portion of funds be used for certain populations with child care guarantee Section 418(b)(2) ( 42 U.S.C. 618(b)(2) ) is amended to read as follows: (2) Child care to be guaranteed for certain populations As a condition of receiving funds under this section, a State shall guarantee the provision of child care services to— (A) each recipient of assistance under the State program funded under this part or under a State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) of this Act, and to each work-eligible individual (as defined in section 407(a)(2) of this Act), for any period in which the recipient or individual is— (i) participating in a work activity (as defined in section 407(d) of this Act); (ii) employed, and in a family the total income of which does not exceed 250 percent of the poverty line (within the meaning of section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section applicable to a family of the size involved); or (iii) engaged in employment subsidized by the State; or (B) each individual who is a former recipient of assistance under such a program or a former work-eligible individual, for any portion of the 24-month period, beginning with the date the individual left the program involved, in which the individual is employed and in a family that meets the income requirement of subparagraph (A)(ii). . (b) Elimination of State caps Section 418(a) ( 42 U.S.C. 618(a) ) is amended— (1) in paragraph (2)— (A) by striking subparagraphs (B) and (D) and redesignating subparagraph (C) as subparagraph (B); and (B) in subparagraph (B) (as so redesignated), by striking the lesser of the State's allotment under subparagraph (B) or ; and (2) in paragraph (5), by striking (2)(C) and inserting (2)(B) . (c) Open-Ended entitlement Section 418(a) ( 42 U.S.C. 618(a) ) is amended— (1) in paragraph (1), by striking Subject to the amount appropriated under paragraph (3), each and inserting Each ; and (2) in paragraph (3), by striking appropriated— and all that follows and inserting appropriated such sums as are necessary to carry out this section for each fiscal year. . (d) Use of funds in accordance with child care and development block grant act of 1990 except as required by child care guarantee Section 418(c) (42 U.S.C. 618(c)) is amended by inserting except to the extent that such a requirement or limitation would interfere with the provision of child care services required by subsection (b)(2) before the period. 16. Child support enforcement (a) Elimination of ban on providing assistance to families not assigning certain support rights to the State (1) In general Section 408(a) ( 42 U.S.C. 608(a) ) is amended by striking paragraph (3). (2) Conforming amendments The following provisions are each amended by inserting after section 408(a)(3) the following: (as in effect before the effective date of the amendments made by section 10(a) of the Rewriting to Improve and Secure an Exit Out of Poverty Act took effect) : (A) Section 452(a)(10)(C) ( 42 U.S.C. 652(a)(10)(C) ). (B) Section 452(h) (42 U.S.C. 652(h)). (C) Section 454(5)(A) ( 42 U.S.C. 654(5)(A) ). (D) Section 456(a)(1) ( 42 U.S.C. 656(a)(1) ). (E) Section 457(a)(2)(B)(i) ( 42 U.S.C. 657(a)(2)(B)(i) ). (F) Section 457(a)(3)(A) ( 42 U.S.C. 657(a)(3)(A) ). (G) Section 457(a)(3)(B) ( 42 U.S.C. 657(a)(3)(B) ). (H) Section 464(a)(1) ( 42 U.S.C. 664(a)(1) ). (I) Section 466(a)(3)(B) ( 42 U.S.C. 666(a)(3)(B) ). (b) Requirement that all child support collected on behalf of a child in a family receiving TANF be distributed to the family (1) In general Section 457 ( 42 U.S.C. 657 ) is amended— (A) in subsection (c)(1), by striking means— and all that follows through (B) foster and inserting means foster ; and (B) by adding at the end the following: (f) Notwithstanding the preceding provisions of this section, all amounts collected by a State as child support on behalf of a child in a family that is receiving assistance under the State program funded under part A or under the State plan approved under part A of this title (as in effect on the day before the date of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996) shall be distributed to the family. . (2) Conforming amendments Section 458(b)(5)(C)(i)(I) (42 U.S.C. 658(b)(5)(C)(i)(I)) is amended— (A) by inserting is collected on behalf of a child described in section 457(f) or after involved ; and (B) by striking A or . 17. State option to extend eligibility for assistance to children through age 21; prohibition on considering financial aid tied to education of child in determining eligibility for, or amount of assistance; prohibition on imposing additional requirements based on educational enrollment of child (a) State option To extend TANF to children under age 22 Section 419(2) ( 42 U.S.C. 619(2) ) is amended— (1) by striking or at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; or ; and (3) by adding at the end the following: (C) at the option of the State, has not attained 22 years of age. . (b) Ban on considering financial aid tied to education of child in determining eligibility for, or amount of assistance; ban on imposing additional requirements based on educational enrollment of child (1) Prohibitions Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(1), 9(b)(1), 10(a), 11(a), and 12(b) of this Act, is amended by adding at the end the following: (20) Ban on considering financial aid tied to education of child in determining eligibility for, or amount of assistance; ban on imposing additional requirements based on educational enrollment of child A State to which a grant is made under section 403 for a fiscal year shall not— (A) consider financial aid tied to the training, school attendance, or postsecondary school attendance of a minor child in determining that the eligibility of the family of the child for, or the amount of assistance to be provided to the family, under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)); or (B) impose additional requirements on a family solely because the family includes a minor child who is enrolled in a training program, school, or post-secondary educational institution. . (2) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2), 9(b)(2), 10(b), 11(b), and 12(c) of this Act, is amended by adding at the end the following: (24) Considering educational enrollment of child or of financial aid tied to education of child If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(20) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . 18. Elimination of certain other bars to TANF assistance (a) Bar on assistance for persons convicted of drug felonies Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a ) is amended— (1) in the section heading by striking assistance and and inserting supplemental nutrition assistance ; (2) in subsection (a), by striking for— and all that follows through (2) benefits and inserting for benefits ; (3) in subsection (b), by striking all through The amount of benefits and inserting the following: (b) Effects on benefits for others The amount of benefits ; (4) in subsection (c), by striking assistance or ; and (5) in subsection (e), by striking it— and all that follows through in section 3(s) and inserting it in section 3(s) . (b) Bar on assistance for unwed teen parents not in school Section 408(a) ( 42 U.S.C. 608(a) ) is amended by striking paragraph (4). (c) Bar on assistance for teens not in an adult-Supervised living arrangement Section 408(a) ( 42 U.S.C. 608(a) ) is amended by striking paragraph (5). (d) Redesignation of provisions (1) In general Section 408(a) ( 42 U.S.C. 608(a) ), as amended by the preceding provisions of this Act, is amended by redesignating paragraphs (6) through (20) as paragraphs (3) through (17), respectively. (2) Conforming amendments (A) Section 402(a)(7)(B) ( 42 U.S.C. 602(a)(7)(B) ) is amended by striking 408(a)(7)(C)(iii) and inserting 408(a)(4)(C)(iii) . (B) Section 403(a)(5)(C)(ii)(II) ( 42 U.S.C. 603(a)(5)(C)(ii)(II) ) is amended by striking 408(a)(7)(C) and inserting 408(a)(4)(C) . (C) Section 403(a)(5)(C)(v) ( 42 U.S.C. 603(a)(5)(C)(v) ) is amended by striking 408(a)(7) and inserting 408(a)(4) . (D) Section 409(a)(7)(B)(i)(IV) ( 42 U.S.C. 609(a)(7)(B)(i)(IV) ) is amended by striking 408(a)(7) and inserting 408(a)(4) . (E) Section 409(a)(9) ( 42 U.S.C. 609(a)(9) ) is amended by striking 408(a)(7) and inserting 408(a)(4) . (F) Section 409(a)(17), as added by section 7(d)(1)(A)(ii) of this Act, is amended by striking 408(a)(13) and inserting 408(a)(10) . (G) Section 409(a)(18), as added by section 7(d)(1)(B)(ii) of this Act, is amended by striking 408(a)(14) and inserting 408(a)(11) . (H) Section 409(a)(19), as added by section 8(b)(2) of this Act, is amended by striking 408(a)(15) and inserting 408(a)(12) . (I) Section 409(a)(20), as added by section 9(b)(2) of this Act, is amended by striking 408(a)(16) and inserting 408(a)(13) . (J) Section 409(a)(21), as added by section 10(b) of this Act, is amended by striking 408(a)(17) and inserting 408(a)(14) . (K) Section 409(a)(22), as added by section 11(b) of this Act, is amended by striking 408(a)(18) and inserting 408(a)(15) . (L) Section 409(a)(23), as added by section 12(c) of this Act, is amended by striking 408(a)(19) and inserting 408(a)(16) . (M) Section 409(a)(24), as added by section 17(b)(2) of this Act, is amended by striking 408(a)(20) and inserting 408(a)(17) . (N) Section 411(a)(1)(A)(xvi) ( 42 U.S.C. 611(a)(1)(A)(xvi) ) is amended by striking 408(a)(7) and inserting 408(a)(7)(A) . 19. Effective date (a) In general Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on October 1, 2013, and shall apply to payments under title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b) Delay permitted if state legislation required If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under part A or E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. |
113-hr-815-ih-dtd | 113-hr-815 | 113 | hr | 815 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr815ih.xml | BILLS-113hr815ih.xml | 2023-01-08 17:37:45.286 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 815 IH: To amend the Internal Revenue Code of 1986 to make certain dividends and distributions paid to individuals from certain small businesses exempt from tax to the extent of the increased wages of the small business.
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U.S. House of Representatives
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2013-02-25
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text/xml
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EN
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 815
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="O000169">
Mr. Owens
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Internal Revenue Code of 1986 to make
certain dividends and distributions paid to individuals from certain small
businesses exempt from tax to the extent of the increased wages of the small
business.
</official-title>
</form>
<legis-body id="H018382E22A4043E09657EFF958EB5178" style="OLC">
<section id="H87736385C69240C196712586965B585A" section-type="section-one">
<enum>
1.
</enum>
<header>
Exemption for certain
distributions of small businesses to extent of increased wages
</header>
<subsection id="HD562D3E963F245BCB013E9B93A339859">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Part III of
subchapter B of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/26/1">
chapter 1
</external-xref>
of the Internal Revenue Code of 1986 is amended by
inserting before section 140 the following new section:
</text>
<quoted-block display-inline="no-display-inline" id="HC2F70DAB39544544AC0BDC0877E5BF11" style="OLC">
<section id="H15160CC6C7A94A278ABD6E029FCA72D3">
<enum>
139F.
</enum>
<header>
Increased-wage
distributions of small businesses
</header>
<subsection id="H6AB7F04182F5464B81651056BDE8A39A">
<enum>
(a)
</enum>
<header>
Application to
corporations
</header>
<paragraph id="H00815CB9338240938B7B5785028D5198">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In the case of a distribution to an individual from a
corporation which is a small business concern, gross income shall not include
any increased-wage exempt-dividend.
</text>
</paragraph>
<paragraph id="H29E45F2026364DC08AF57EC43A87F4E3">
<enum>
(2)
</enum>
<header>
Increased-wage
exempt-dividend
</header>
<text>
For purposes of this subsection—
</text>
<subparagraph id="H51218EBC053C499EA03C000716177325">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The term
<quote>
increased-wage exempt-dividend
</quote>
means any dividend properly designated as an increased-wage exempt-dividend
under subparagraph (B).
</text>
</subparagraph>
<subparagraph id="H4E1F366DA4B44CDEBAC542B47A8FA9BC">
<enum>
(B)
</enum>
<header>
Designation
</header>
<text>
A
corporation which is a small business concern may designate any dividend paid
by such corporation as an increased-wage exempt-dividend to the extent that the
aggregate amount of the dividends so designated for any taxable year does not
exceed the wage increase amount for such taxable year.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HED0D77BD15A34565BBD3D0632574F145">
<enum>
(b)
</enum>
<header>
Application to
partnerships
</header>
<paragraph id="H4B52B017A2F64678B0EA98325DAC7BDC">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In the case of a distribution to an individual from a
partnership which is a small business concern—
</text>
<subparagraph id="H991962F6B0464644B4C5EDD5020FD69E">
<enum>
(A)
</enum>
<text>
no gain shall be
recognized on any increased-wage partnership distribution, and
</text>
</subparagraph>
<subparagraph id="H0D640E741F514309AD846C1645002AC0">
<enum>
(B)
</enum>
<text>
in the case of an
increased-wage partnership distribution with respect to which no gain is
recognized under section 731(a)(2), no reduction shall be made to the adjusted
basis to the partner of his interest in the partnership under section
733(1).
</text>
</subparagraph>
</paragraph>
<paragraph id="H86E7234E581B448F87B3F9F21DA6B2C6">
<enum>
(2)
</enum>
<header>
Increased-wage
partnership distribution
</header>
<text>
For purposes of this subsection—
</text>
<subparagraph id="H395EB7EF7CC44B20BCC42829698C9F68">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The term
<quote>
increased-wage partnership
distribution
</quote>
means any cash distribution from the partnership to a
partner which is properly designated as an increased-wage partnership
distribution under subparagraph (B).
</text>
</subparagraph>
<subparagraph id="H2964FB8DF85F46E68F9B9843EB947046">
<enum>
(B)
</enum>
<header>
Designation
</header>
<text>
A
partnership which is a small business concern may designate any cash
distribution as an increased-wage partnership distribution to the extent that
the aggregate amount of the distributions so designated for any taxable year
does not exceed the wage increase amount for such taxable year.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H1E5BC6B2876249A09FBD41CF9872F218">
<enum>
(c)
</enum>
<header>
Wage increase
amount
</header>
<text>
For purposes of this section—
</text>
<paragraph id="HE4CB0595CF4048A286E4312F53CE28BF">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The term
<quote>
wage increase amount
</quote>
means, with
respect to any corporation or partnership for any taxable year, the sum
of—
</text>
<subparagraph id="H65E463E8BB8D4A559164BD445D92C6FD">
<enum>
(A)
</enum>
<text>
the excess (if
any) of—
</text>
<clause id="H138D2E7EC2214002BE649A60EC03D2C8">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
the aggregate qualified wages paid or
incurred by the corporation or partnership for such taxable year, over
</text>
</clause>
<clause id="HF8D524428D604674AB209B88337FB2F3">
<enum>
(ii)
</enum>
<text>
the aggregate
qualified wages paid or incurred by the corporation or partnership for the
preceding taxable year, plus
</text>
</clause>
</subparagraph>
<subparagraph id="H27164264F11C446C9A89890D0FA0781C">
<enum>
(B)
</enum>
<text>
any increased-wage
exempt-dividends or increased-wage partnership distributions received by such
corporation or partnership during such taxable year.
</text>
</subparagraph>
</paragraph>
<paragraph id="H31FFFAA7D1204C07BCC80EEEB150CC96">
<enum>
(2)
</enum>
<header>
Qualified
wages
</header>
<text>
The term
<quote>
qualified wages
</quote>
has the meaning
which would be given such term by section 3121(a) if paragraph (1) thereof were
applied by treating the contribution and benefit base as being equal to
$50,000.
</text>
</paragraph>
<paragraph id="HFDE5C396C06440C2816311B18B7FF7CB">
<enum>
(3)
</enum>
<header>
Aggregation
rule
</header>
<text display-inline="yes-display-inline">
All persons treated as a
single employer under subsection (a) or (b) of section 52 shall be treated as
one person for purposes of this subsection.
</text>
</paragraph>
<paragraph id="H5F04F2CEFA58401E9B806FC86874EABE">
<enum>
(4)
</enum>
<header>
Treatment of
predecessors
</header>
<text display-inline="yes-display-inline">
Any reference in
this subsection to a corporation or partnership shall include a reference to
any predecessor of such corporation or partnership.
</text>
</paragraph>
</subsection>
<subsection id="H8385DAA978184B98AACD38B3396619D5">
<enum>
(d)
</enum>
<header>
Small business
concern
</header>
<text>
For purposes of this section, the term
<quote>
small
business concern
</quote>
has the meaning given such term by section 3 of the
Small Business
Act.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H6E242CEBE0744EFEA0BB30DA912552DA">
<enum>
(b)
</enum>
<header>
Conforming
amendments
</header>
<paragraph id="HB35419BAB08A419DA45123C63B5DBE34">
<enum>
(1)
</enum>
<text>
Section
1(h)(11)(B)(ii) of such Code is amended by striking
<quote>
and
</quote>
at the
end of subclause (II), by striking the period at the end of subclause (III) and
inserting
<quote>
, and
</quote>
, and by adding at the end the following new
subclause:
</text>
<quoted-block display-inline="no-display-inline" id="H4EAAD40EB6024C2D9373E48204940B99" style="OLC">
<subclause id="HB62CA5332A3F40FFA31B7C34F5B09681">
<enum>
(IV)
</enum>
<text display-inline="yes-display-inline">
any increased-wage exempt-dividend (as
defined in section
139F).
</text>
</subclause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H6F1077420ED2400F8615B6856FBEA00B">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting before the item
relating to section 140 the following new item:
</text>
<quoted-block display-inline="no-display-inline" id="H412149FD16A44B7BAF5D424B024DED9B" style="OLC">
<toc container-level="quoted-block-container" idref="HC2F70DAB39544544AC0BDC0877E5BF11" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H15160CC6C7A94A278ABD6E029FCA72D3" level="section">
Sec. 139F. Increased-wage
distributions.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HDF406D1DB8CC461AA93F427E71F02460">
<enum>
(c)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by this section shall apply to taxable
years beginning after December 31, 2012.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 815 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Owens introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make certain dividends and distributions paid to individuals from certain small businesses exempt from tax to the extent of the increased wages of the small business.
1. Exemption for certain distributions of small businesses to extent of increased wages (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: 139F. Increased-wage distributions of small businesses (a) Application to corporations (1) In general In the case of a distribution to an individual from a corporation which is a small business concern, gross income shall not include any increased-wage exempt-dividend. (2) Increased-wage exempt-dividend For purposes of this subsection— (A) In general The term increased-wage exempt-dividend means any dividend properly designated as an increased-wage exempt-dividend under subparagraph (B). (B) Designation A corporation which is a small business concern may designate any dividend paid by such corporation as an increased-wage exempt-dividend to the extent that the aggregate amount of the dividends so designated for any taxable year does not exceed the wage increase amount for such taxable year. (b) Application to partnerships (1) In general In the case of a distribution to an individual from a partnership which is a small business concern— (A) no gain shall be recognized on any increased-wage partnership distribution, and (B) in the case of an increased-wage partnership distribution with respect to which no gain is recognized under section 731(a)(2), no reduction shall be made to the adjusted basis to the partner of his interest in the partnership under section 733(1). (2) Increased-wage partnership distribution For purposes of this subsection— (A) In general The term increased-wage partnership distribution means any cash distribution from the partnership to a partner which is properly designated as an increased-wage partnership distribution under subparagraph (B). (B) Designation A partnership which is a small business concern may designate any cash distribution as an increased-wage partnership distribution to the extent that the aggregate amount of the distributions so designated for any taxable year does not exceed the wage increase amount for such taxable year. (c) Wage increase amount For purposes of this section— (1) In general The term wage increase amount means, with respect to any corporation or partnership for any taxable year, the sum of— (A) the excess (if any) of— (i) the aggregate qualified wages paid or incurred by the corporation or partnership for such taxable year, over (ii) the aggregate qualified wages paid or incurred by the corporation or partnership for the preceding taxable year, plus (B) any increased-wage exempt-dividends or increased-wage partnership distributions received by such corporation or partnership during such taxable year. (2) Qualified wages The term qualified wages has the meaning which would be given such term by section 3121(a) if paragraph (1) thereof were applied by treating the contribution and benefit base as being equal to $50,000. (3) Aggregation rule All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of this subsection. (4) Treatment of predecessors Any reference in this subsection to a corporation or partnership shall include a reference to any predecessor of such corporation or partnership. (d) Small business concern For purposes of this section, the term small business concern has the meaning given such term by section 3 of the Small Business Act. . (b) Conforming amendments (1) Section 1(h)(11)(B)(ii) of such Code is amended by striking and at the end of subclause (II), by striking the period at the end of subclause (III) and inserting , and , and by adding at the end the following new subclause: (IV) any increased-wage exempt-dividend (as defined in section 139F). . (2) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item: Sec. 139F. Increased-wage distributions. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. |
113-hr-816-ih-dtd | 113-hr-816 | 113 | hr | 816 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr816ih.xml | BILLS-113hr816ih.xml | 2023-01-08 17:37:46.286 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dc:title>
113 HR 816 IH: Sequestration Flexibility Act of 2013
</dc:title>
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U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-25
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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<form>
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I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 816
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="R000587">
Mr. Ribble
</sponsor>
(for
himself,
<cosponsor name-id="M001182">
Mr. Mulvaney
</cosponsor>
,
<cosponsor name-id="R000597">
Mr. Rice of South Carolina
</cosponsor>
,
<cosponsor name-id="P000265">
Mr. Petri
</cosponsor>
, and
<cosponsor name-id="M001180">
Mr. McKinley
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HBU00">
Committee
on the Budget
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Balanced Budget and Emergency Deficit
Control Act of 1985 to allow intraagency transfers of funds to provide more
flexibility for the agency to comply with a presidential sequestration order
for fiscal year 2013 or 2014.
</official-title>
</form>
<legis-body id="HC2F0AB40FECA497D95334247638C9292" style="OLC">
<section id="H6038C1CDDC9A4E9298C6BE232DA155AD" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Sequestration Flexibility Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="H8C04492611C44D4A995F30A1226A6FD6" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Transfer
authority
</header>
<text display-inline="no-display-inline">
Section 251A of the
Balanced Budget and Emergency Deficit Control Act of 1985 (
<external-xref legal-doc="usc" parsable-cite="usc/2/901a">
2 U.S.C. 901a
</external-xref>
) is
amended by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H4CE5527413FF4F9A812C7D7715AC2F97" style="OLC">
<paragraph id="H2D708C6B48D74262B6DDDBDDA4CF8D30">
<enum>
(12)
</enum>
<header>
Transfer
authority for fiscal year 2013 and 2014 appropriations
</header>
<text display-inline="yes-display-inline">
The head of any department or agency of the
Government may transfer amounts within that department or agency for fiscal
year 2013 or for fiscal year 2014 in order to lessen the effect of a
presidential sequestration order for that fiscal year on any program, project,
or activity within that department or agency, but no such transfer may cause
any account to be at a higher level than it was before such
sequestration.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H2D620017BD264B7798165D5B9058557C">
<enum>
3.
</enum>
<header>
Congressional
notice
</header>
<text display-inline="no-display-inline">
Not later than 15 days
after any transfer under section 1, the head of any department or agency making
any such transfer shall submit to the committees of the House of
Representatives and the Senate with subject matter jurisdiction over such
department or agency a report setting forth a description of the transfer,
including the amount of the transfer and the accounts from and to which the
funds were transferred.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 816 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Ribble (for himself, Mr. Mulvaney , Mr. Rice of South Carolina , Mr. Petri , and Mr. McKinley ) introduced the following bill; which was referred to the Committee on the Budget A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to allow intraagency transfers of funds to provide more flexibility for the agency to comply with a presidential sequestration order for fiscal year 2013 or 2014.
1. Short title This Act may be cited as the Sequestration Flexibility Act of 2013 . 2. Transfer authority Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a ) is amended by adding at the end the following new paragraph: (12) Transfer authority for fiscal year 2013 and 2014 appropriations The head of any department or agency of the Government may transfer amounts within that department or agency for fiscal year 2013 or for fiscal year 2014 in order to lessen the effect of a presidential sequestration order for that fiscal year on any program, project, or activity within that department or agency, but no such transfer may cause any account to be at a higher level than it was before such sequestration. . 3. Congressional notice Not later than 15 days after any transfer under section 1, the head of any department or agency making any such transfer shall submit to the committees of the House of Representatives and the Senate with subject matter jurisdiction over such department or agency a report setting forth a description of the transfer, including the amount of the transfer and the accounts from and to which the funds were transferred. |
113-hr-817-ih-dtd | 113-hr-817 | 113 | hr | 817 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr817ih.xml | BILLS-113hr817ih.xml | 2023-01-08 17:37:44.741 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
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<dc:title>
113 HR 817 IH: Department of Justice Global Advisory Committee Authorization Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-25
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 817
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="S000510">
Mr. Smith of
Washington
</sponsor>
(for himself and
<cosponsor name-id="R000578">
Mr.
Reichert
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name committee-id="HJU00">
Committee on the
Judiciary
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To further the mission of the Global Justice Information
Sharing Initiative Advisory Committee by continuing its development of policy
recommendations and technical solutions on information sharing and
interoperability, and enhancing its pursuit of benefits and cost savings for
local, State, tribal, and Federal justice agencies.
</official-title>
</form>
<legis-body id="HAAF2C28B811F424A929474731213142C" style="OLC">
<section id="HFBE1DBEF32E94ECB90ED91C9A1F3AB7B" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Department of Justice Global Advisory
Committee Authorization Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HDC3D8CCE37C24C35914D68424292B126">
<enum>
2.
</enum>
<header>
Global Justice
Information Sharing Initiative Advisory Committee
</header>
<subsection id="HF1C57AD9A6104A23B09E1549C0A5B6D6">
<enum>
(a)
</enum>
<header>
Definition
</header>
<text>
In
this Act, the term
<term>
Committee
</term>
means the Global Justice Information
Sharing Initiative (Global) Advisory Committee established by the Attorney
General.
</text>
</subsection>
<subsection id="HFE1FDE9EEC874F13B21CE5F5038C08B7">
<enum>
(b)
</enum>
<header>
Authorization
</header>
<text>
Notwithstanding
<external-xref legal-doc="usc-act" parsable-cite="usc-act/Federal Advisory Committee Act /14">
section 14(a)(2)
</external-xref>
of the Federal Advisory Committee Act (5 U.S.C. App.), the
Committee shall not terminate unless terminated by an Act of Congress. The
Attorney General is authorized to provide technical and financial assistance
and support services to the Committee to carry out the activities of the
Committee, including the activities described in subsection (c).
</text>
</subsection>
<subsection id="H573A1AA5C74549BF8861605017BBEB09">
<enum>
(c)
</enum>
<header>
Activities
</header>
<text>
In
addition to any activities assigned to the Committee by the Attorney General,
the Committee shall—
</text>
<paragraph id="H87C4DA352F124B4C9162155FBA1773D1">
<enum>
(1)
</enum>
<text>
gather views from
agencies of local, State, and tribal governments and the Federal Government and
other entities that work to support public safety and justice;
</text>
</paragraph>
<paragraph id="HD16E7AF766C64645B1F43D26832F1CCA">
<enum>
(2)
</enum>
<text>
recommend to the
Attorney General measures to improve the administration of justice and protect
the public by promoting practices and technologies for database
interoperability and the secure sharing of justice and public safety
information between local, State, and tribal governments and the Federal
Government; and
</text>
</paragraph>
<paragraph id="HA8DCFAE043334D2D9436D26F90912EBA">
<enum>
(3)
</enum>
<text>
submit to Congress
an annual report regarding issues considered by the Committee and
recommendations made to the Attorney General by the Committee.
</text>
</paragraph>
</subsection>
<subsection id="HF4F19D0BD17242ED8AA5BD658216FD44">
<enum>
(d)
</enum>
<header>
Sense of
Congress
</header>
<text>
It is the sense of Congress that local, State, and
tribal governments and other relevant entities should use the recommendations
developed and disseminated by the Committee in accordance with this Act to
evaluate, improve, and develop effective strategies and technologies to improve
public safety and information sharing.
</text>
</subsection>
<subsection id="H1774A4E0DD5149FBA407F2338328692B">
<enum>
(e)
</enum>
<header>
Information from
DOJ funding applicants
</header>
<paragraph id="H07BBCF65F7A344DE83F3EA6355CCCE9A">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Beginning on the date
that is one year from the date of enactment of this Act, the Attorney General
shall require that any applicant for a funding solicitation from the Department
of Justice for the implementation of an information sharing solution shall
include within the application for such funding—
</text>
<subparagraph id="HC9E94E9912144838954F0A655E7BD748">
<enum>
(A)
</enum>
<text>
how the
information sharing solution would comply with applicable standards endorsed by
the Committee; or
</text>
</subparagraph>
<subparagraph id="H37F0F72B2E8C445C93F76C779E285323">
<enum>
(B)
</enum>
<text>
in the case that
such information sharing solution would not comply with such standards, the
reason for such non-compliance.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF1F3ED236F664F4996DF3F256CCD9369">
<enum>
(2)
</enum>
<header>
Information not
to affect award decisions
</header>
<text display-inline="yes-display-inline">
Information provided by an applicant
pursuant to paragraph (1) shall not affect any decision for making an award to
such applicant for the implementation of an information sharing solution unless
the agency making such award specifically requires use of applicable endorsed
standards or specifications as a condition for accepting such award.
</text>
</paragraph>
<paragraph id="H62B57F233F2545C98D7E5541AFEE4D37">
<enum>
(3)
</enum>
<header>
Regulations
</header>
<text>
The
Attorney General is authorized to issue such regulations as may be necessary to
carry out the provisions of this subsection.
</text>
</paragraph>
</subsection>
</section>
<section id="HED1CD165495F419E882C64601150D2F9">
<enum>
3.
</enum>
<header>
Report of the
Attorney General on information sharing between corrections agencies, law
enforcement agencies, and the interstate commission for adult offender
supervision
</header>
<subsection id="H62D76BE0C0CF4C9B9027A6E2251AA459">
<enum>
(a)
</enum>
<header>
Review
</header>
<text>
The
Attorney General, based on input from local, State, and tribal governments
through the Committee and other components of the Department of Justice, shall
review the state of information sharing between corrections and law enforcement
agencies of local, State, and tribal governments and of the Federal
Government.
</text>
</subsection>
<subsection id="HF84B857590394F6BA21686893CA93567">
<enum>
(b)
</enum>
<header>
Contents
</header>
<text>
The
review by the Attorney General under subsection (a) shall—
</text>
<paragraph id="HD8C13708115D40D4BA385F798BC54643">
<enum>
(1)
</enum>
<text>
identify policy
and technical barriers to effective information sharing;
</text>
</paragraph>
<paragraph id="HE3358D85247540F09D9CADD5317B7688">
<enum>
(2)
</enum>
<text>
identify best
practices for effective information sharing; and
</text>
</paragraph>
<paragraph id="H4D58AA93F8E4453283C9846A1F7DD714">
<enum>
(3)
</enum>
<text>
assess ways for
information sharing to improve the awareness and safety of law enforcement and
corrections officials, including information sharing by the Interstate
Commission for Adult Offenders Supervision.
</text>
</paragraph>
</subsection>
<subsection id="HC345FBF3F32549A4B36A434C37E90C8F">
<enum>
(c)
</enum>
<header>
Report
</header>
<text>
Not
later than 1 year after the date of enactment of this Act, the Attorney General
shall submit to Congress a report regarding the review under this section,
including a discussion of the recommendations of the Committee and the efforts
of the Department of Justice to address the recommendations.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 817 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Smith of Washington (for himself and Mr. Reichert ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To further the mission of the Global Justice Information Sharing Initiative Advisory Committee by continuing its development of policy recommendations and technical solutions on information sharing and interoperability, and enhancing its pursuit of benefits and cost savings for local, State, tribal, and Federal justice agencies.
1. Short title This Act may be cited as the Department of Justice Global Advisory Committee Authorization Act of 2013 . 2. Global Justice Information Sharing Initiative Advisory Committee (a) Definition In this Act, the term Committee means the Global Justice Information Sharing Initiative (Global) Advisory Committee established by the Attorney General. (b) Authorization Notwithstanding section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), the Committee shall not terminate unless terminated by an Act of Congress. The Attorney General is authorized to provide technical and financial assistance and support services to the Committee to carry out the activities of the Committee, including the activities described in subsection (c). (c) Activities In addition to any activities assigned to the Committee by the Attorney General, the Committee shall— (1) gather views from agencies of local, State, and tribal governments and the Federal Government and other entities that work to support public safety and justice; (2) recommend to the Attorney General measures to improve the administration of justice and protect the public by promoting practices and technologies for database interoperability and the secure sharing of justice and public safety information between local, State, and tribal governments and the Federal Government; and (3) submit to Congress an annual report regarding issues considered by the Committee and recommendations made to the Attorney General by the Committee. (d) Sense of Congress It is the sense of Congress that local, State, and tribal governments and other relevant entities should use the recommendations developed and disseminated by the Committee in accordance with this Act to evaluate, improve, and develop effective strategies and technologies to improve public safety and information sharing. (e) Information from DOJ funding applicants (1) In general Beginning on the date that is one year from the date of enactment of this Act, the Attorney General shall require that any applicant for a funding solicitation from the Department of Justice for the implementation of an information sharing solution shall include within the application for such funding— (A) how the information sharing solution would comply with applicable standards endorsed by the Committee; or (B) in the case that such information sharing solution would not comply with such standards, the reason for such non-compliance. (2) Information not to affect award decisions Information provided by an applicant pursuant to paragraph (1) shall not affect any decision for making an award to such applicant for the implementation of an information sharing solution unless the agency making such award specifically requires use of applicable endorsed standards or specifications as a condition for accepting such award. (3) Regulations The Attorney General is authorized to issue such regulations as may be necessary to carry out the provisions of this subsection. 3. Report of the Attorney General on information sharing between corrections agencies, law enforcement agencies, and the interstate commission for adult offender supervision (a) Review The Attorney General, based on input from local, State, and tribal governments through the Committee and other components of the Department of Justice, shall review the state of information sharing between corrections and law enforcement agencies of local, State, and tribal governments and of the Federal Government. (b) Contents The review by the Attorney General under subsection (a) shall— (1) identify policy and technical barriers to effective information sharing; (2) identify best practices for effective information sharing; and (3) assess ways for information sharing to improve the awareness and safety of law enforcement and corrections officials, including information sharing by the Interstate Commission for Adult Offenders Supervision. (c) Report Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report regarding the review under this section, including a discussion of the recommendations of the Committee and the efforts of the Department of Justice to address the recommendations. |
113-hr-818-ih-dtd | 113-hr-818 | 113 | hr | 818 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr818ih.xml | BILLS-113hr818ih.xml | 2023-01-08 17:37:45.181 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H0F9CF7AA0E8C49209DA04CB6F9BA94C9" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 818 IH: Healthy Forest Management and Wildfire Prevention Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-25
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 818
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130225">
February 25, 2013
</action-date>
<action-desc>
<sponsor name-id="T000470">
Mr. Tipton
</sponsor>
(for
himself,
<cosponsor name-id="B001250">
Mr. Bishop of Utah
</cosponsor>
,
<cosponsor name-id="G000562">
Mr. Gardner
</cosponsor>
,
<cosponsor name-id="L000564">
Mr. Lamborn
</cosponsor>
,
<cosponsor name-id="C001077">
Mr. Coffman
</cosponsor>
,
<cosponsor name-id="M001177">
Mr. McClintock
</cosponsor>
,
<cosponsor name-id="G000565">
Mr. Gosar
</cosponsor>
,
<cosponsor name-id="A000369">
Mr. Amodei
</cosponsor>
,
<cosponsor name-id="Y000033">
Mr. Young of Alaska
</cosponsor>
,
<cosponsor name-id="L000573">
Mr. Labrador
</cosponsor>
,
<cosponsor name-id="L000571">
Mrs. Lummis
</cosponsor>
,
<cosponsor name-id="P000588">
Mr. Pearce
</cosponsor>
, and
<cosponsor name-id="D000618">
Mr. Daines
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HAG00">
Committee
on Agriculture
</committee-name>
, and in addition to the Committee on
<committee-name committee-id="HII00">
Natural Resources
</committee-name>
, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To address the bark beetle epidemic, drought,
deteriorating forest health conditions, and high risk of wildfires on National
Forest System land and land under the jurisdiction of the Bureau of Land
Management in the United States by expanding authorities established in the
Healthy Forest Restoration Act of 2003 to provide emergency measures for
high-risk areas identified by such States, to make permanent Forest Service and
Bureau of Land Management authority to conduct good-neighbor cooperation with
States to reduce wildfire risks, and for other purposes.
</official-title>
</form>
<legis-body id="HF63D29898C9F454BB1BD09D806540640" style="OLC">
<section id="HD5C4BCE421A14210A122FB44D65DFAA0" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title; table of
contents
</header>
<subsection id="H5BDAA140FF3E4835B78A092840939DED">
<enum>
(a)
</enum>
<header>
Short
title
</header>
<text>
This Act may be cited as the
<quote>
<short-title>
Healthy Forest Management and Wildfire Prevention
Act
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="HF844225849324681A64855E4EE780847">
<enum>
(b)
</enum>
<header>
Table of
contents
</header>
<text>
The table of contents for this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="HD5C4BCE421A14210A122FB44D65DFAA0" level="section">
Sec. 1. Short title; table of contents.
</toc-entry>
<toc-entry idref="HE9CD99A067AD4B78ADB35319A248B25C" level="section">
Sec. 2. Definitions.
</toc-entry>
<toc-entry idref="H8EAECE22551547CF993B964BE099DBD6" level="section">
Sec. 3. Congressional declaration of bark beetle epidemic,
drought, deteriorating forest health conditions, and high risk of wildfires in
States as imminent threat.
</toc-entry>
<toc-entry idref="H8FA8E769A225490F8402B58AEA6F6FDD" level="section">
Sec. 4. State designation of high-risk areas of National Forest
System and public lands.
</toc-entry>
<toc-entry idref="H6819E1C506E74945BE994D2BE5F160A5" level="section">
Sec. 5. Designation of high-risk areas by the Secretary
concerned.
</toc-entry>
<toc-entry idref="H0C2C77ADFE97439090DA1A7C5398954B" level="section">
Sec. 6. Use of emergency hazardous fuels reduction projects for
high-risk areas.
</toc-entry>
<toc-entry idref="H093344C6FA76428E8A6E26AB19A1BD2A" level="section">
Sec. 7. Applicability of expedited procedures and authorities
of Healthy Forests Restoration Act of 2003 to emergency hazardous fuels
reduction projects.
</toc-entry>
<toc-entry idref="HB42F685F07D347F6B88A5FA3739649FF" level="section">
Sec. 8. Forest Service and Bureau of Land Management
good-neighbor cooperation with States to reduce wildfire risks.
</toc-entry>
<toc-entry idref="H2C455A132BF846ECAAD1818C2EBC0DD5" level="section">
Sec. 9. Stewardship end result contracting project
authority.
</toc-entry>
</toc>
</subsection>
</section>
<section id="HE9CD99A067AD4B78ADB35319A248B25C">
<enum>
2.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act:
</text>
<paragraph id="H1410754B82334BC8A460AD38A8AF0736">
<enum>
(1)
</enum>
<header>
Emergency
hazardous fuels reduction project
</header>
<text>
The term
<quote>
emergency
hazardous fuels reduction project
</quote>
means a project or activity carried
out in a high-risk area to address the bark beetle epidemic, drought, or
deteriorating forest health conditions and the resulting imminent risk of
devastating wildfires.
</text>
</paragraph>
<paragraph id="HD2634961A258464EA1E1C4F172D9281C">
<enum>
(2)
</enum>
<header>
High-risk
area
</header>
<text>
The term
<quote>
high-risk area
</quote>
means an area of
National Forest System land or public lands identified under section 4 as an
area suffering from the bark beetle epidemic, drought, or deteriorating forest
health conditions, with the resulting imminent risk of devastating wildfires,
or otherwise at high risk for bark beetle infestation, drought, or
wildfire.
</text>
</paragraph>
<paragraph id="H2E929383F581408DBA650A9CC2F2AF55">
<enum>
(3)
</enum>
<header>
National forest
system
</header>
<text>
The term
<quote>
National Forest System
</quote>
has the
meaning given that term in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/16/1609">
16 U.S.C. 1609(a)
</external-xref>
).
</text>
</paragraph>
<paragraph id="H136BBB15B359497C8FACC54C3A4387C5">
<enum>
(4)
</enum>
<header>
Public
lands
</header>
<text>
The term
<quote>
public lands
</quote>
has the meaning given
that term in section 103(e) of the Federal Land Policy and Management Act of
1976 (
<external-xref legal-doc="usc" parsable-cite="usc/43/1702">
43 U.S.C. 1702(e)
</external-xref>
).
</text>
</paragraph>
<paragraph id="HD1F3C68BBE47440E95DF7B7A7231B6D4">
<enum>
(5)
</enum>
<header>
Secretary
concerned
</header>
<text>
The term
<quote>
Secretary concerned
</quote>
means—
</text>
<subparagraph id="HFF1C9D0965EC459CA73AA00DD006744E">
<enum>
(A)
</enum>
<text>
the Secretary of
Agriculture, with respect to the National Forest System; and
</text>
</subparagraph>
<subparagraph id="HADE9380EBAB84664A208B90A89B29C8D">
<enum>
(B)
</enum>
<text>
the Secretary of
the Interior, with respect to public lands.
</text>
</subparagraph>
</paragraph>
<paragraph id="H76687411231A494693B7EAEF20BB3E0B">
<enum>
(6)
</enum>
<text>
The term
<quote>
State
</quote>
means any of the several States containing National Forest
System land or public lands. The term includes the Commonwealth of Puerto
Rico.
</text>
</paragraph>
</section>
<section id="H8EAECE22551547CF993B964BE099DBD6">
<enum>
3.
</enum>
<header>
Congressional
declaration of bark beetle epidemic, drought, deteriorating forest health
conditions, and high risk of wildfires in States as imminent
threat
</header>
<text display-inline="no-display-inline">
Congress hereby
declares that the bark beetle epidemic, drought, and deteriorating forest
health conditions on National Forest System land and public lands in the
States, with the resulting imminent risk of devastating wildfires that pose a
significant threat to the economic stability of communities in the affected
areas and the health, safety, and well-being of residents, firefighters, and
visitors to the areas, is an
<quote>
imminent threat
</quote>
within the meaning
of
<external-xref legal-doc="regulation" parsable-cite="cfr/36/294.12">
section 294.12(b)(1)
</external-xref>
of title 36, Code of Federal Regulations (2002 Edition)
and any existing or pending roadless area management rule applicable to a
State.
</text>
</section>
<section id="H8FA8E769A225490F8402B58AEA6F6FDD">
<enum>
4.
</enum>
<header>
State designation
of high-risk areas of National Forest System and public lands
</header>
<subsection id="HA9727101D0DD46C995CDFB556499D115">
<enum>
(a)
</enum>
<header>
Designation
authority
</header>
<text>
The Governor of a State may designate high-risk areas
of the National Forest System and public lands in the State for the purposes of
addressing—
</text>
<paragraph id="H0112CC8656074A0AA42EA9ACFCABC100">
<enum>
(1)
</enum>
<text>
deteriorating
forest health conditions in existence as of the date of the enactment of this
Act due to the bark beetle epidemic or drought, with the resulting imminent
risk of devastating wildfires; and
</text>
</paragraph>
<paragraph id="H992FD1E9A1FB4693BB1D1D6F9A9F0503">
<enum>
(2)
</enum>
<text>
the future risk of
insect infestations or disease outbreaks through preventative treatments to
improve forest health conditions.
</text>
</paragraph>
</subsection>
<subsection id="H600AE9F923854872A20552002BE3D969">
<enum>
(b)
</enum>
<header>
Consultation
</header>
<text>
In
designating high-risk areas, the Governor of a State shall consult with county
government from affected counties and with affected Indian tribes.
</text>
</subsection>
<subsection id="H4543CEF3A6F7401091EE6EF7E557EC55">
<enum>
(c)
</enum>
<header>
Exclusion of
certain areas
</header>
<text>
The following National Forest System land or public
lands may not be designated as a high-risk area:
</text>
<paragraph id="HCBBC9F012C864411A348C9CB64DB3D32">
<enum>
(1)
</enum>
<text>
A
component of the National Wilderness Preservation System.
</text>
</paragraph>
<paragraph id="H1993E219DDD647FAA9DAC0632A716BAA">
<enum>
(2)
</enum>
<text>
A
National Monument.
</text>
</paragraph>
</subsection>
<subsection id="H4EB6CB313CF14983A6885B444ED2A34F">
<enum>
(d)
</enum>
<header>
Standards for
designation
</header>
<text display-inline="yes-display-inline">
Designation of
high-risk areas shall be consistent with standards and guidelines contained in
the land and resource management plan or land use plan for the unit of the
National Forest System or public lands for which the designation is being made,
except that the Secretary concerned may modify such standards and guidelines to
correspond with a specific high-risk area designation.
</text>
</subsection>
<subsection id="HF924C605B85B48B7B09AAC17E9DD602D">
<enum>
(e)
</enum>
<header>
Time for initial
designations
</header>
<text>
The first high-risk areas should be designated not
later than 60 days after the date of the enactment of this Act but may be
designated at any time consistent with subsection (a).
</text>
</subsection>
<subsection id="H9BE298961C3A4671B9D8ABDF9B483CE4">
<enum>
(f)
</enum>
<header>
Duration of
designation
</header>
<text>
The designation of a high-risk area in a State shall
expire 20 years after the date of the designation, unless earlier terminated by
the Governor of the State.
</text>
</subsection>
<subsection id="H2CE51EEDBF034DF99FB8E068B4A45C0B">
<enum>
(g)
</enum>
<header>
Redesignation
</header>
<text>
The
expiration of the 20-year period specified in subsection (f) does not prohibit
the Governor from redesignating an area of the National Forest System land or
public lands as a high-risk area under this section if the Governor determines
that the area of National Forest System land or public lands continues to be
subject to the terms of this section.
</text>
</subsection>
<subsection id="H2D186311963C4EAB969ED7536CD7E19A">
<enum>
(h)
</enum>
<header>
Recognition of
valid and existing rights
</header>
<text>
The designation of a high-risk area
shall not be construed to limit or restrict—
</text>
<paragraph id="H521E25F6FAE841C5959C350FD678A9F2">
<enum>
(1)
</enum>
<text>
access to National
Forest System land or public lands included in the area for hunting, fishing,
and other related purposes; or
</text>
</paragraph>
<paragraph id="H1ED25830AD8F4717B19E5D2B4D9C01F0">
<enum>
(2)
</enum>
<text>
valid and existing
rights regarding the National Forest System land or public lands.
</text>
</paragraph>
</subsection>
</section>
<section id="H6819E1C506E74945BE994D2BE5F160A5">
<enum>
5.
</enum>
<header>
Designation of
high-risk areas by the Secretary concerned
</header>
<subsection id="H97D22B3FB0F3478BAE23002155FAD9BE">
<enum>
(a)
</enum>
<header>
Designation
authority
</header>
<text>
The Secretary concerned may designate high-risk areas
of the National Forest System and the public lands for the purposes of
addressing—
</text>
<paragraph id="H287B0B196BBF4A48BDEED663B9805C06">
<enum>
(1)
</enum>
<text>
deteriorating
forest health conditions in existence as of the date of the enactment of this
Act due to the bark beetle epidemic or drought, with the resulting imminent
risk of devastating wildfires; and
</text>
</paragraph>
<paragraph id="H7E909456A3FA415B9B484F10F596E5E7">
<enum>
(2)
</enum>
<text>
the future risk of
insect infestations or disease outbreaks through preventative treatments to
improve forest health conditions.
</text>
</paragraph>
</subsection>
<subsection id="H29DB50F336EA471E9DFF6C2D9615FB39">
<enum>
(b)
</enum>
<header>
Consultation
</header>
<text>
In
designating high-risk areas, the Secretary concerned shall consult with
Governors of affected States, county government from affected counties, and
with affected Indian tribes.
</text>
</subsection>
<subsection id="HB97BDDFA4337404BBA156B96016A0EC0">
<enum>
(c)
</enum>
<header>
Exclusion of
certain areas
</header>
<text>
The following National Forest System land or public
lands may not be designated as a high-risk area:
</text>
<paragraph id="HF2F6668037DA4B39B7B5D5358FDD6E84">
<enum>
(1)
</enum>
<text>
A
component of the National Wilderness Preservation System.
</text>
</paragraph>
<paragraph id="H074C7BA330254EA0B3FD7635B670E674">
<enum>
(2)
</enum>
<text>
A
National Monument.
</text>
</paragraph>
</subsection>
<subsection id="H51774BB2948045AAB34FDD40206264F5">
<enum>
(d)
</enum>
<header>
Standards for
designation
</header>
<text display-inline="yes-display-inline">
Designation of
high risk areas shall be consistent with standards and guidelines contained in
the land and resource management plan or land use plan for the unit of the
National Forest System or public lands for which the designation is being made,
except that the Secretary concerned may modify such standards and guidelines to
correspond with a specific high-risk area designation.
</text>
</subsection>
<subsection id="H9A7375E7DACA4F32BB607B57BC93CB4A">
<enum>
(e)
</enum>
<header>
Time for initial
designations
</header>
<text>
The first high-risk areas should be designated not
later than 60 days after the date of the enactment of this Act but may be
designated at any time consistent with subsection (a).
</text>
</subsection>
<subsection id="H4928CA588EFB463BA03BAF4223984275">
<enum>
(f)
</enum>
<header>
Duration of
designation
</header>
<text>
The designation of a high-risk area in a State shall
expire 20 years after the date of the designation, unless earlier terminated by
the Secretary concerned.
</text>
</subsection>
<subsection id="H213AEF1CB25D47D9A3DCDF31743EFD47">
<enum>
(g)
</enum>
<header>
Redesignation
</header>
<text>
The
expiration of the 20-year period specified in subsection (f) does not prohibit
the Secretary concerned from redesignating an area of the National Forest
System or public lands as a high-risk area if the Secretary determines that the
National Forest System land or public lands continues to be subject to the
terms of this section, except that such redesignation is subject to
consultation with Governors from affected States, county government from
affected counties, and affected Indian tribes.
</text>
</subsection>
<subsection id="H5B052F9BEA4E42E1886BFC5DEB352F01">
<enum>
(h)
</enum>
<header>
Recognition of
valid and existing rights
</header>
<text>
The designation of a high-risk area
shall not be construed to limit or restrict—
</text>
<paragraph id="H67083D100E744F5AB0F61292697D9F8B">
<enum>
(1)
</enum>
<text>
access to National
Forest System land or public lands included in the area for hunting, fishing,
and other related purposes; or
</text>
</paragraph>
<paragraph id="HFEF0B16E14D94451A52492859DDAF542">
<enum>
(2)
</enum>
<text>
valid and existing
rights regarding the National Forest System land or public lands.
</text>
</paragraph>
</subsection>
</section>
<section id="H0C2C77ADFE97439090DA1A7C5398954B">
<enum>
6.
</enum>
<header>
Use of emergency
hazardous fuels reduction projects for high-risk areas
</header>
<subsection id="H958C11D112AE4CF9AC91A1CACFE9C6F5">
<enum>
(a)
</enum>
<header>
Project
proposals
</header>
<paragraph id="HE5BD279F04894901B621E6F02D6DDC66">
<enum>
(1)
</enum>
<header>
Proposals
authorized
</header>
<text>
Upon designation of a high-risk area in a State, the
Governor of the State may provide for the development of proposed emergency
hazardous fuels reduction projects for the high-risk area. The Secretary
concerned also may develop emergency hazardous fuels reduction projects.
</text>
</paragraph>
<paragraph id="H93C7E8E4DD124FCD8E179E8C24DB5880">
<enum>
(2)
</enum>
<header>
Project
criteria
</header>
<text>
In preparing proposed emergency hazardous fuels
reduction projects, the Governor of a State and the Secretary concerned
shall—
</text>
<subparagraph id="HDD5C0C07C73048618B70B57AACA90E83">
<enum>
(A)
</enum>
<text>
take into account
managing for rights of way, protection of watersheds, protection of wildlife
and endangered species habitat, safe-guarding water resources, and protecting
local communities from wildfires; and
</text>
</subparagraph>
<subparagraph id="HE0D199587CAF4F4099FE4EFAE4512655">
<enum>
(B)
</enum>
<text>
emphasize
activities that thin the forest to provide the greatest health and longevity of
the forest.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H6B7AD9148E9E43BB914F6DB8E9469AED">
<enum>
(b)
</enum>
<header>
Consultation
</header>
<text>
In
preparing proposed emergency hazardous fuels reduction projects, the Governor
of a State shall consult with county government from affected counties, and
with affected Indian tribes. If the Secretary concerned develops a proposal,
the Secretary concerned shall consult with the Governor of the affected State,
county government from affected counties, and affected Indian tribes.
</text>
</subsection>
<subsection id="H962E53F57E274D56A3462548D7448B5D">
<enum>
(c)
</enum>
<header>
Submission and
implementation
</header>
<text>
The Governor of a State shall submit proposed
emergency hazardous fuels reduction projects to the Secretary concerned for
implementation.
</text>
</subsection>
<subsection id="HF3EDEB7D8802466E834E55ACFB26731F">
<enum>
(d)
</enum>
<header>
Implementation
of projects
</header>
<paragraph id="HBF373DFEA524494DAEDE6523887459A9">
<enum>
(1)
</enum>
<header>
State proposed
projects
</header>
<text display-inline="yes-display-inline">
The Secretary
concerned shall implement hazardous fuels reduction projects proposed by
Governors within 60 days of the date on which the Secretary receives the
proposal.
</text>
</paragraph>
<paragraph id="H96A60216FDE842D8BF2AAB80F568E53B">
<enum>
(2)
</enum>
<header>
Secretary
proposed projects
</header>
<text display-inline="yes-display-inline">
The
Secretary concerned shall implement hazardous fuels reduction projects proposed
by the Secretary concerned within 60 days of the date on which the proposal is
finalized.
</text>
</paragraph>
</subsection>
</section>
<section id="H093344C6FA76428E8A6E26AB19A1BD2A">
<enum>
7.
</enum>
<header>
Applicability of
expedited procedures and authorities of Healthy Forests Restoration Act of 2003
to emergency hazardous fuels reduction projects
</header>
<subsection id="HA97CB68A0F1B4D0A90D60122CDE3AA1A">
<enum>
(a)
</enum>
<header>
Applicability
</header>
<text>
Subject
to subsections (b) through (e), title I of the Healthy Forests Restoration Act
of 2003 (
<external-xref legal-doc="usc" parsable-cite="usc/16/6511">
16 U.S.C. 6511 et seq.
</external-xref>
) (including the environmental analysis
requirements of section 104 of that Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/6514">
16 U.S.C. 6514
</external-xref>
), the special
administrative review process under section 105 of that Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/6515">
16 U.S.C. 6515
</external-xref>
),
and the judicial review process under section 106 of that Act (16 U.S.C.
6516)), shall apply to all emergency hazardous fuels reduction projects
developed under section 6.
</text>
</subsection>
<subsection id="H6911C5C25AD44241910AC20FD8E63D19">
<enum>
(b)
</enum>
<header>
Application of
other law
</header>
<text>
Section 322 of
<external-xref legal-doc="public-law" parsable-cite="pl/102/381">
Public Law 102–381
</external-xref>
(
<external-xref legal-doc="usc" parsable-cite="usc/16/1612">
16 U.S.C. 1612
</external-xref>
note;
106 Stat. 1419) shall not apply to Forest Service emergency hazardous fuels
reduction projects.
</text>
</subsection>
<subsection id="HBBB5A00889AF4722B693D4F9FBFF0AA4">
<enum>
(c)
</enum>
<header>
Required
modifications
</header>
<text>
In applying title I of the Healthy Forests
Restoration Act of 2003 (
<external-xref legal-doc="usc" parsable-cite="usc/16/6511">
16 U.S.C. 6511 et seq.
</external-xref>
) to emergency hazardous fuels
reduction projects, the Secretary concerned shall make the following
modifications:
</text>
<paragraph id="H34D958DAA4C44BA08186C44D75C4BF0D">
<enum>
(1)
</enum>
<text>
The authority
shall apply to the entire high-risk area, including land that is outside of a
wildland-urban interface area or that does not satisfy any of the other
eligibility criteria specified in section 102(a) of that Act (16 U.S.C.
6512(a)).
</text>
</paragraph>
<paragraph id="H6A90814F275F439FA85319CB2A788B7A">
<enum>
(2)
</enum>
<text>
All projects and
activities of the Secretary concerned, including necessary connected actions
(as described in
<external-xref legal-doc="usc" parsable-cite="usc/40/1508">
section 1508.25(a)(1)
</external-xref>
of title 40, Code of Federal
Regulations), of the emergency hazardous fuels reduction project shall be
deemed to be an authorized hazardous fuel reduction project for purposes of
applying the title.
</text>
</paragraph>
<paragraph id="H999F4E852B674261B0974782C75A3D81">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
The Secretary is not required to study,
develop, or describe more than the proposed agency action and a no-action
alternative in the environmental assessment or environmental impact statement
prepared pursuant to section 102(2) of the National Environmental Policy Act of
1969 (
<external-xref legal-doc="usc" parsable-cite="usc/42/4332">
42 U.S.C. 4332(2)
</external-xref>
) for an emergency hazardous fuels reduction project,
except that, if an at-risk community has adopted a community wildfire
protection plan (as defined in section 101(3) of the Healthy Forest Restoration
Act of 2003 (
<external-xref legal-doc="usc" parsable-cite="usc/16/6511">
16 U.S.C. 6511(3)
</external-xref>
)) that includes the land covered by the proposed
agency action, but the proposed agency action does not implement the
recommendations in the plan regarding the general location and basic method of
treatments, the Secretary shall evaluate the recommendations in the plan as an
additional alternative to the proposed agency action.
</text>
</paragraph>
</subsection>
<subsection id="H93B2E33ADFFC43A88DF90CA36FF39B9E">
<enum>
(d)
</enum>
<header>
Forest
management plans
</header>
<text display-inline="yes-display-inline">
All projects
and activities carried out as part of an emergency hazardous fuels reduction
project in a designated high-risk area shall be consistent with standards and
guidelines contained in the land and resource management plan or land use plan
for the unit of the National Forest System or public lands for which the
designation is made, except that the Secretary concerned may modify such
standards and guidelines to correspond with a specific high-risk area
designation.
</text>
</subsection>
<subsection id="H8CCA3C6552FE4DF6AF05FB27F50BEE4B">
<enum>
(e)
</enum>
<header>
Retention of
NEPA responsibilities
</header>
<text display-inline="yes-display-inline">
Any
decision required to be made under the National Environmental Policy Act of
1969 (
<external-xref legal-doc="usc" parsable-cite="usc/42/4321">
42 U.S.C. 4321 et seq.
</external-xref>
) with respect to any project or activity to be
carried out as part of an emergency hazardous fuels reduction project in a
high-risk area shall not be delegated to a State forester or any other officer
or employee of the State in which the emergency hazardous fuels reduction
project will be carried out.
</text>
</subsection>
<subsection id="H4D2199BDDF3348C8AA42812151A5FFDA">
<enum>
(f)
</enum>
<header>
Categorical
exclusion
</header>
<text display-inline="yes-display-inline">
If a project or
activity to be carried out as part of an emergency hazardous fuels reduction
project in a high-risk area involves the removal of insect-infected trees or
other hazardous fuels within 500 feet of utility or telephone infrastructure,
campgrounds, roadsides, heritage sites, recreation sites, schools, or other
infrastructure, the project or activity is categorically excluded from the
requirement to prepare an environmental assessment or an environmental impact
statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) so long as the project or activity is otherwise conducted consistently
with agency and departmental procedures and the applicable land and resource
management plan or land use plan.
</text>
</subsection>
</section>
<section id="HB42F685F07D347F6B88A5FA3739649FF">
<enum>
8.
</enum>
<header>
Forest Service
and Bureau of Land Management good-neighbor cooperation with States to reduce
wildfire risks
</header>
<subsection id="HDFADAA8FD5204B4EA9865CD2A90961C1">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
In this section:
</text>
<paragraph commented="no" display-inline="no-display-inline" id="H08FA07D3AF104721AA5392E6EE75A78A">
<enum>
(1)
</enum>
<header display-inline="yes-display-inline">
Eligible
State
</header>
<text display-inline="yes-display-inline">
The term
<term>
eligible
State
</term>
means a State that contains National Forest System land or land
under the jurisdiction of the Bureau of Land Management.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H73FB93BF38AE4340BC460C955AC56CF5">
<enum>
(2)
</enum>
<header display-inline="yes-display-inline">
Secretary
</header>
<text display-inline="yes-display-inline">
The term
<term>
Secretary
</term>
means—
</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H360A03DE655C45A2BCF6B81EBB0407AA">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the Secretary of Agriculture, with respect
to National Forest System land; or
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H414FAAD9B9E6400E816ED04F83DDB7BD">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the Secretary of the Interior, with respect
to land under the jurisdiction of the Bureau of Land Management.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HC465DA6364E7419AA6DE9D1D92A5C247">
<enum>
(3)
</enum>
<header display-inline="yes-display-inline">
State
forester
</header>
<text display-inline="yes-display-inline">
The term
<term>
State
forester
</term>
means the head of a State agency with jurisdiction over State
forestry programs in an eligible State.
</text>
</paragraph>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="HF150AB8B78D1447E92755407A1B60486">
<enum>
(b)
</enum>
<header display-inline="yes-display-inline">
In general
</header>
<text display-inline="yes-display-inline">
The Secretary may enter into a cooperative
agreement or contract (including a sole source contract) with a State forester
to authorize the State forester to provide the forest, rangeland, and watershed
restoration and protection services described in subsection (c) on National
Forest System land or land under the jurisdiction of the Bureau of Land
Management, as applicable, in the eligible State.
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="H26D738D3B0634168AF6567EA0CCFAE25">
<enum>
(c)
</enum>
<header display-inline="yes-display-inline">
Authorized services
</header>
<text display-inline="yes-display-inline">
The forest, rangeland, and watershed
restoration and protection services referred to in subsection (b) include the
conduct of—
</text>
<paragraph commented="no" display-inline="no-display-inline" id="H47FDF74E336D478E86FE237CE7732A24">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
activities to treat insect infected
trees;
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H46F5E0C9DFE446D78F43A558E105EB11">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
activities to reduce hazardous fuels;
and
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H47B3EC7FC681400BB75F77045B5C424C">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
any other activities to restore or improve
forest, rangeland, and watershed health, including fish and wildlife
habitat.
</text>
</paragraph>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="HBCA3B6B1EF2E4C44B2EB40180E1A122C">
<enum>
(d)
</enum>
<header display-inline="yes-display-inline">
State
as agent
</header>
<text display-inline="yes-display-inline">
Except as provided
in subsection (g), a cooperative agreement or contract entered into under
subsection (b) may authorize the State forester to serve as the agent for the
Secretary in providing the restoration and protection services authorized under
subsection (b).
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="HB0FAD13213854585A564DEF5D62BE13A">
<enum>
(e)
</enum>
<header display-inline="yes-display-inline">
Subcontracts
</header>
<text display-inline="yes-display-inline">
In accordance with applicable contract
procedures for the eligible State, a State forester may enter into subcontracts
to provide the restoration and protection services authorized under a
cooperative agreement or contract entered into under subsection (b).
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="H66B48314AB2A4D6F99175B0B97BF2E2B">
<enum>
(f)
</enum>
<header display-inline="yes-display-inline">
Timber sales
</header>
<text display-inline="yes-display-inline">
Subsections (d) and (g) of section 14 of
the National Forest Management Act of 1976 (
<external-xref legal-doc="usc" parsable-cite="usc/16/472a">
16 U.S.C. 472a
</external-xref>
) shall not apply to
services performed under a cooperative agreement or contract entered into under
subsection (b).
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="H380B000ACD01403C9F92EA450F06C669">
<enum>
(g)
</enum>
<header display-inline="yes-display-inline">
Retention of NEPA
responsibilities
</header>
<text display-inline="yes-display-inline">
Any decision
required to be made under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to any restoration and protection services to
be provided under this Act by a State forester on National Forest System land
or Bureau of Land Management land, as applicable, shall not be delegated to a
State forester or any other officer or employee of the eligible State.
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="H23CF3B10BA394A758F5B1D4ED627B512">
<enum>
(h)
</enum>
<header display-inline="yes-display-inline">
Applicable
law
</header>
<text display-inline="yes-display-inline">
The restoration and
protection services to be provided under this Act shall be carried out on a
project-to-project basis under existing authorities of the Forest Service or
Bureau of Land Management, as applicable.
</text>
</subsection>
</section>
<section id="H2C455A132BF846ECAAD1818C2EBC0DD5">
<enum>
9.
</enum>
<header>
Stewardship end
result contracting project authority
</header>
<subsection id="H8D94A45BAF8F4466B2F09ABA51782BC4">
<enum>
(a)
</enum>
<header>
Extension of
authority
</header>
<text>
Section 347(a) of the Department of the Interior and
Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of
division A of
<external-xref legal-doc="public-law" parsable-cite="pl/105/277">
Public Law 105–277
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/16/2104">
16 U.S.C. 2104
</external-xref>
note) is amended by striking
<quote>
2013
</quote>
and inserting
<quote>
2017
</quote>
.
</text>
</subsection>
<subsection id="H2D667D43A8D34C13A91860C6E9FDD7A3">
<enum>
(b)
</enum>
<header>
Duration of
contracts
</header>
<text>
Section 347(c)(2) of the Department of the Interior and
Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of
division A of
<external-xref legal-doc="public-law" parsable-cite="pl/105/277">
Public Law 105–277
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/16/2104">
16 U.S.C. 2104
</external-xref>
note) is amended by striking
<quote>
10 years
</quote>
and inserting
<quote>
20 years
</quote>
.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 818 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Tipton (for himself, Mr. Bishop of Utah , Mr. Gardner , Mr. Lamborn , Mr. Coffman , Mr. McClintock , Mr. Gosar , Mr. Amodei , Mr. Young of Alaska , Mr. Labrador , Mrs. Lummis , Mr. Pearce , and Mr. Daines ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To address the bark beetle epidemic, drought, deteriorating forest health conditions, and high risk of wildfires on National Forest System land and land under the jurisdiction of the Bureau of Land Management in the United States by expanding authorities established in the Healthy Forest Restoration Act of 2003 to provide emergency measures for high-risk areas identified by such States, to make permanent Forest Service and Bureau of Land Management authority to conduct good-neighbor cooperation with States to reduce wildfire risks, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Healthy Forest Management and Wildfire Prevention Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Congressional declaration of bark beetle epidemic, drought, deteriorating forest health conditions, and high risk of wildfires in States as imminent threat. Sec. 4. State designation of high-risk areas of National Forest System and public lands. Sec. 5. Designation of high-risk areas by the Secretary concerned. Sec. 6. Use of emergency hazardous fuels reduction projects for high-risk areas. Sec. 7. Applicability of expedited procedures and authorities of Healthy Forests Restoration Act of 2003 to emergency hazardous fuels reduction projects. Sec. 8. Forest Service and Bureau of Land Management good-neighbor cooperation with States to reduce wildfire risks. Sec. 9. Stewardship end result contracting project authority. 2. Definitions In this Act: (1) Emergency hazardous fuels reduction project The term emergency hazardous fuels reduction project means a project or activity carried out in a high-risk area to address the bark beetle epidemic, drought, or deteriorating forest health conditions and the resulting imminent risk of devastating wildfires. (2) High-risk area The term high-risk area means an area of National Forest System land or public lands identified under section 4 as an area suffering from the bark beetle epidemic, drought, or deteriorating forest health conditions, with the resulting imminent risk of devastating wildfires, or otherwise at high risk for bark beetle infestation, drought, or wildfire. (3) National forest system The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ). (4) Public lands The term public lands has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(e) ). (5) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to the National Forest System; and (B) the Secretary of the Interior, with respect to public lands. (6) The term State means any of the several States containing National Forest System land or public lands. The term includes the Commonwealth of Puerto Rico. 3. Congressional declaration of bark beetle epidemic, drought, deteriorating forest health conditions, and high risk of wildfires in States as imminent threat Congress hereby declares that the bark beetle epidemic, drought, and deteriorating forest health conditions on National Forest System land and public lands in the States, with the resulting imminent risk of devastating wildfires that pose a significant threat to the economic stability of communities in the affected areas and the health, safety, and well-being of residents, firefighters, and visitors to the areas, is an imminent threat within the meaning of section 294.12(b)(1) of title 36, Code of Federal Regulations (2002 Edition) and any existing or pending roadless area management rule applicable to a State. 4. State designation of high-risk areas of National Forest System and public lands (a) Designation authority The Governor of a State may designate high-risk areas of the National Forest System and public lands in the State for the purposes of addressing— (1) deteriorating forest health conditions in existence as of the date of the enactment of this Act due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. (b) Consultation In designating high-risk areas, the Governor of a State shall consult with county government from affected counties and with affected Indian tribes. (c) Exclusion of certain areas The following National Forest System land or public lands may not be designated as a high-risk area: (1) A component of the National Wilderness Preservation System. (2) A National Monument. (d) Standards for designation Designation of high-risk areas shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is being made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Time for initial designations The first high-risk areas should be designated not later than 60 days after the date of the enactment of this Act but may be designated at any time consistent with subsection (a). (f) Duration of designation The designation of a high-risk area in a State shall expire 20 years after the date of the designation, unless earlier terminated by the Governor of the State. (g) Redesignation The expiration of the 20-year period specified in subsection (f) does not prohibit the Governor from redesignating an area of the National Forest System land or public lands as a high-risk area under this section if the Governor determines that the area of National Forest System land or public lands continues to be subject to the terms of this section. (h) Recognition of valid and existing rights The designation of a high-risk area shall not be construed to limit or restrict— (1) access to National Forest System land or public lands included in the area for hunting, fishing, and other related purposes; or (2) valid and existing rights regarding the National Forest System land or public lands. 5. Designation of high-risk areas by the Secretary concerned (a) Designation authority The Secretary concerned may designate high-risk areas of the National Forest System and the public lands for the purposes of addressing— (1) deteriorating forest health conditions in existence as of the date of the enactment of this Act due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. (b) Consultation In designating high-risk areas, the Secretary concerned shall consult with Governors of affected States, county government from affected counties, and with affected Indian tribes. (c) Exclusion of certain areas The following National Forest System land or public lands may not be designated as a high-risk area: (1) A component of the National Wilderness Preservation System. (2) A National Monument. (d) Standards for designation Designation of high risk areas shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is being made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Time for initial designations The first high-risk areas should be designated not later than 60 days after the date of the enactment of this Act but may be designated at any time consistent with subsection (a). (f) Duration of designation The designation of a high-risk area in a State shall expire 20 years after the date of the designation, unless earlier terminated by the Secretary concerned. (g) Redesignation The expiration of the 20-year period specified in subsection (f) does not prohibit the Secretary concerned from redesignating an area of the National Forest System or public lands as a high-risk area if the Secretary determines that the National Forest System land or public lands continues to be subject to the terms of this section, except that such redesignation is subject to consultation with Governors from affected States, county government from affected counties, and affected Indian tribes. (h) Recognition of valid and existing rights The designation of a high-risk area shall not be construed to limit or restrict— (1) access to National Forest System land or public lands included in the area for hunting, fishing, and other related purposes; or (2) valid and existing rights regarding the National Forest System land or public lands. 6. Use of emergency hazardous fuels reduction projects for high-risk areas (a) Project proposals (1) Proposals authorized Upon designation of a high-risk area in a State, the Governor of the State may provide for the development of proposed emergency hazardous fuels reduction projects for the high-risk area. The Secretary concerned also may develop emergency hazardous fuels reduction projects. (2) Project criteria In preparing proposed emergency hazardous fuels reduction projects, the Governor of a State and the Secretary concerned shall— (A) take into account managing for rights of way, protection of watersheds, protection of wildlife and endangered species habitat, safe-guarding water resources, and protecting local communities from wildfires; and (B) emphasize activities that thin the forest to provide the greatest health and longevity of the forest. (b) Consultation In preparing proposed emergency hazardous fuels reduction projects, the Governor of a State shall consult with county government from affected counties, and with affected Indian tribes. If the Secretary concerned develops a proposal, the Secretary concerned shall consult with the Governor of the affected State, county government from affected counties, and affected Indian tribes. (c) Submission and implementation The Governor of a State shall submit proposed emergency hazardous fuels reduction projects to the Secretary concerned for implementation. (d) Implementation of projects (1) State proposed projects The Secretary concerned shall implement hazardous fuels reduction projects proposed by Governors within 60 days of the date on which the Secretary receives the proposal. (2) Secretary proposed projects The Secretary concerned shall implement hazardous fuels reduction projects proposed by the Secretary concerned within 60 days of the date on which the proposal is finalized. 7. Applicability of expedited procedures and authorities of Healthy Forests Restoration Act of 2003 to emergency hazardous fuels reduction projects (a) Applicability Subject to subsections (b) through (e), title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 et seq. ) (including the environmental analysis requirements of section 104 of that Act ( 16 U.S.C. 6514 ), the special administrative review process under section 105 of that Act ( 16 U.S.C. 6515 ), and the judicial review process under section 106 of that Act (16 U.S.C. 6516)), shall apply to all emergency hazardous fuels reduction projects developed under section 6. (b) Application of other law Section 322 of Public Law 102–381 ( 16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to Forest Service emergency hazardous fuels reduction projects. (c) Required modifications In applying title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 et seq. ) to emergency hazardous fuels reduction projects, the Secretary concerned shall make the following modifications: (1) The authority shall apply to the entire high-risk area, including land that is outside of a wildland-urban interface area or that does not satisfy any of the other eligibility criteria specified in section 102(a) of that Act (16 U.S.C. 6512(a)). (2) All projects and activities of the Secretary concerned, including necessary connected actions (as described in section 1508.25(a)(1) of title 40, Code of Federal Regulations), of the emergency hazardous fuels reduction project shall be deemed to be an authorized hazardous fuel reduction project for purposes of applying the title. (3) The Secretary is not required to study, develop, or describe more than the proposed agency action and a no-action alternative in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) for an emergency hazardous fuels reduction project, except that, if an at-risk community has adopted a community wildfire protection plan (as defined in section 101(3) of the Healthy Forest Restoration Act of 2003 ( 16 U.S.C. 6511(3) )) that includes the land covered by the proposed agency action, but the proposed agency action does not implement the recommendations in the plan regarding the general location and basic method of treatments, the Secretary shall evaluate the recommendations in the plan as an additional alternative to the proposed agency action. (d) Forest management plans All projects and activities carried out as part of an emergency hazardous fuels reduction project in a designated high-risk area shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Retention of NEPA responsibilities Any decision required to be made under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to any project or activity to be carried out as part of an emergency hazardous fuels reduction project in a high-risk area shall not be delegated to a State forester or any other officer or employee of the State in which the emergency hazardous fuels reduction project will be carried out. (f) Categorical exclusion If a project or activity to be carried out as part of an emergency hazardous fuels reduction project in a high-risk area involves the removal of insect-infected trees or other hazardous fuels within 500 feet of utility or telephone infrastructure, campgrounds, roadsides, heritage sites, recreation sites, schools, or other infrastructure, the project or activity is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) so long as the project or activity is otherwise conducted consistently with agency and departmental procedures and the applicable land and resource management plan or land use plan. 8. Forest Service and Bureau of Land Management good-neighbor cooperation with States to reduce wildfire risks (a) Definitions In this section: (1) Eligible State The term eligible State means a State that contains National Forest System land or land under the jurisdiction of the Bureau of Land Management. (2) Secretary The term Secretary means— (A) the Secretary of Agriculture, with respect to National Forest System land; or (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management. (3) State forester The term State forester means the head of a State agency with jurisdiction over State forestry programs in an eligible State. (b) In general The Secretary may enter into a cooperative agreement or contract (including a sole source contract) with a State forester to authorize the State forester to provide the forest, rangeland, and watershed restoration and protection services described in subsection (c) on National Forest System land or land under the jurisdiction of the Bureau of Land Management, as applicable, in the eligible State. (c) Authorized services The forest, rangeland, and watershed restoration and protection services referred to in subsection (b) include the conduct of— (1) activities to treat insect infected trees; (2) activities to reduce hazardous fuels; and (3) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (d) State as agent Except as provided in subsection (g), a cooperative agreement or contract entered into under subsection (b) may authorize the State forester to serve as the agent for the Secretary in providing the restoration and protection services authorized under subsection (b). (e) Subcontracts In accordance with applicable contract procedures for the eligible State, a State forester may enter into subcontracts to provide the restoration and protection services authorized under a cooperative agreement or contract entered into under subsection (b). (f) Timber sales Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ) shall not apply to services performed under a cooperative agreement or contract entered into under subsection (b). (g) Retention of NEPA responsibilities Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any restoration and protection services to be provided under this Act by a State forester on National Forest System land or Bureau of Land Management land, as applicable, shall not be delegated to a State forester or any other officer or employee of the eligible State. (h) Applicable law The restoration and protection services to be provided under this Act shall be carried out on a project-to-project basis under existing authorities of the Forest Service or Bureau of Land Management, as applicable. 9. Stewardship end result contracting project authority (a) Extension of authority Section 347(a) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105–277 ; 16 U.S.C. 2104 note) is amended by striking 2013 and inserting 2017 . (b) Duration of contracts Section 347(c)(2) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105–277 ; 16 U.S.C. 2104 note) is amended by striking 10 years and inserting 20 years . |
113-hr-819-ih-dtd | 113-hr-819 | 113 | hr | 819 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr819ih.xml | BILLS-113hr819ih.xml | 2023-01-08 17:37:43.913 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H79322AD777214FEFA46EA21DD9F6A582" public-private="public">
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<dc:title>
113 HR 819 IH: Preserving Access to Cape Hatteras National Seashore Recreational Area Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
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<dc:date>
2013-02-26
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text/xml
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EN
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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I
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<congress>
113th CONGRESS
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<session>
1st Session
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<legis-num>
H. R. 819
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="J000255">
Mr. Jones
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HII00">
Committee on Natural
Resources
</committee-name>
, and in addition to the Committee on the
<committee-name committee-id="HJU00">
Judiciary
</committee-name>
, for a period
to be subsequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee
concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To authorize pedestrian and motorized vehicular access in
Cape Hatteras National Seashore Recreational Area, and for other
purposes.
</official-title>
</form>
<legis-body id="H51D57C9709CA44F08861CA516D9C1FE4" style="OLC">
<section id="HFF44C834EDD845F28864369A30E133DE" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Preserving Access to Cape Hatteras
National Seashore Recreational Area Act
</short-title>
</quote>
.
</text>
</section>
<section id="H180FE079D6E94027BC9CD1A4F662551D">
<enum>
2.
</enum>
<header>
Reinstatement of
Interim Management Strategy
</header>
<subsection id="H8DCF2D86EC7D4354BF3985DFB6D1E121">
<enum>
(a)
</enum>
<header>
Management
</header>
<text display-inline="yes-display-inline">
After the date of the enactment of this
Act, Cape Hatteras National Seashore Recreational Area shall be managed in
accordance with the Interim Protected Species Management Strategy/Environmental
Assessment issued by the National Park Service on June 13, 2007, for the Cape
Hatteras National Seashore Recreational Area, North Carolina, unless the
Secretary of the Interior (hereafter in this Act referred to as the
<quote>
Secretary
</quote>
) issues a new final rule that meets the requirements
set forth in section 3.
</text>
</subsection>
<subsection id="H66B21D45948F4C6FAFAD4560A8846974">
<enum>
(b)
</enum>
<header>
Restrictions
</header>
<text display-inline="yes-display-inline">
The Secretary shall not impose any
additional restrictions on pedestrian or motorized vehicular access to any
portion of Cape Hatteras National Seashore Recreational Area for species
protection beyond those in the Interim Management Strategy, other than as
specifically authorized pursuant to section 3 of this Act.
</text>
</subsection>
</section>
<section display-inline="no-display-inline" id="H992F61EF8EEA4C638D735664C4F80144" section-type="subsequent-section">
<enum>
3.
</enum>
<header>
Additional
restrictions on access to Cape Hatteras National Seashore Recreational Area for
species protection
</header>
<subsection id="H72533875240B4C26822307E041D3009E">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
If, based on
peer-reviewed science and after public comment, the Secretary determines that
additional restrictions on access to a portion of the Cape Hatteras National
Seashore Recreational Area are necessary to protect species listed as
endangered under the Endangered Species Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/16/1531">
16 U.S.C. 1531 et seq.
</external-xref>
),
the Secretary may only restrict, by limitation, closure, buffer, or otherwise,
pedestrian and motorized vehicular access for recreational activities for the
shortest possible time and on the smallest possible portions of the Cape
Hatteras National Seashore Recreational Area.
</text>
</subsection>
<subsection id="H0AFC74C4911D4123B98138F9B088DB0D">
<enum>
(b)
</enum>
<header>
Limitation on
restrictions
</header>
<text display-inline="yes-display-inline">
Restrictions
imposed under this section for protection of species listed as endangered under
the Endangered Species Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/16/1531">
16 U.S.C. 1531 et seq.
</external-xref>
) shall not be
greater than the restrictions in effect for that species at any other National
Seashore.
</text>
</subsection>
<subsection id="HE47E4319B9814EF59587C11569D6EB7C">
<enum>
(c)
</enum>
<header>
Corridors around
closures
</header>
<text display-inline="yes-display-inline">
To the maximum
extent possible, the Secretary shall designate pedestrian and vehicular
corridors of minimal distance on the beach or interdunal area around closures
implemented under this section to allow access to areas not closed.
</text>
</subsection>
</section>
<section commented="no" id="H60E788DB1A064B139A8B4CA1C0A8CD32">
<enum>
4.
</enum>
<header>
Inapplicability
of final rule and consent degree
</header>
<subsection id="H7A2433FC524D4D3FB3DEF7C2B271ECC2">
<enum>
(a)
</enum>
<header>
Final
rule
</header>
<text display-inline="yes-display-inline">
The final rule titled
<quote>
Special Regulations, Areas of the National Park System, Cape Hatteras
National Seashore—Off-Road Vehicle Management
</quote>
(77 Fed. Reg. 3123–3144)
shall have no force or effect after the date of the enactment of this
Act.
</text>
</subsection>
<subsection id="H1C5BD8CEE4FD4C3FB957FE17A2F7A721">
<enum>
(b)
</enum>
<header>
Consent
decree
</header>
<text>
The April 30, 2008, consent decree filed in the United
States District Court for the Eastern District of North Carolina regarding
off-road vehicle use at Cape Hatteras National Seashore in North Carolina shall
not apply after the date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 819 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize pedestrian and motorized vehicular access in Cape Hatteras National Seashore Recreational Area, and for other purposes.
1. Short title This Act may be cited as the Preserving Access to Cape Hatteras National Seashore Recreational Area Act . 2. Reinstatement of Interim Management Strategy (a) Management After the date of the enactment of this Act, Cape Hatteras National Seashore Recreational Area shall be managed in accordance with the Interim Protected Species Management Strategy/Environmental Assessment issued by the National Park Service on June 13, 2007, for the Cape Hatteras National Seashore Recreational Area, North Carolina, unless the Secretary of the Interior (hereafter in this Act referred to as the Secretary ) issues a new final rule that meets the requirements set forth in section 3. (b) Restrictions The Secretary shall not impose any additional restrictions on pedestrian or motorized vehicular access to any portion of Cape Hatteras National Seashore Recreational Area for species protection beyond those in the Interim Management Strategy, other than as specifically authorized pursuant to section 3 of this Act. 3. Additional restrictions on access to Cape Hatteras National Seashore Recreational Area for species protection (a) In general If, based on peer-reviewed science and after public comment, the Secretary determines that additional restrictions on access to a portion of the Cape Hatteras National Seashore Recreational Area are necessary to protect species listed as endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), the Secretary may only restrict, by limitation, closure, buffer, or otherwise, pedestrian and motorized vehicular access for recreational activities for the shortest possible time and on the smallest possible portions of the Cape Hatteras National Seashore Recreational Area. (b) Limitation on restrictions Restrictions imposed under this section for protection of species listed as endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) shall not be greater than the restrictions in effect for that species at any other National Seashore. (c) Corridors around closures To the maximum extent possible, the Secretary shall designate pedestrian and vehicular corridors of minimal distance on the beach or interdunal area around closures implemented under this section to allow access to areas not closed. 4. Inapplicability of final rule and consent degree (a) Final rule The final rule titled Special Regulations, Areas of the National Park System, Cape Hatteras National Seashore—Off-Road Vehicle Management (77 Fed. Reg. 3123–3144) shall have no force or effect after the date of the enactment of this Act. (b) Consent decree The April 30, 2008, consent decree filed in the United States District Court for the Eastern District of North Carolina regarding off-road vehicle use at Cape Hatteras National Seashore in North Carolina shall not apply after the date of the enactment of this Act. |
113-hr-819-rh-dtd | 113-hr-819 | 113 | hr | 819 | rh | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr819rh.xml | BILLS-113hr819rh.xml | 2023-01-07 09:23:02.231 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Reported-in-House" bill-type="olc" dms-id="H79322AD777214FEFA46EA21DD9F6A582" public-private="public">
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113 HR 819 RH: Preserving Access to Cape Hatteras National Seashore Recreational Area Act
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U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-07-09
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text/xml
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EN
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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IB
</distribution-code>
<calendar display="yes">
Union Calendar No. 106
</calendar>
<congress display="yes">
113th CONGRESS
</congress>
<session display="yes">
1st Session
</session>
<legis-num>
H. R. 819
</legis-num>
<associated-doc display="yes" role="report">
[Report No. 113–146, Part
1]
</associated-doc>
<current-chamber display="yes">
IN THE HOUSE OF
REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="J000255">
Mr. Jones
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HII00">
Committee on Natural
Resources
</committee-name>
, and in addition to the
<committee-name committee-id="HJU00">
Committee on the
Judiciary
</committee-name>
, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
</action-desc>
</action>
<action>
<action-date date="20130709">
July 9, 2013
</action-date>
<action-desc>
Additional sponsors:
<cosponsor name-id="E000291">
Mrs.
Ellmers
</cosponsor>
,
<cosponsor name-id="W000804">
Mr. Wittman
</cosponsor>
,
<cosponsor name-id="H001060">
Mr. Hurt
</cosponsor>
,
<cosponsor name-id="M001187">
Mr. Meadows
</cosponsor>
,
<cosponsor name-id="F000445">
Mr.
Forbes
</cosponsor>
, and
<cosponsor name-id="F000450">
Ms.
Foxx
</cosponsor>
</action-desc>
</action>
<action>
<action-date date="20130709">
July 9, 2013
</action-date>
<action-desc>
Reported from the
<committee-name committee-id="HII00">
Committee on Natural
Resources
</committee-name>
</action-desc>
</action>
<action>
<action-date date="20130709">
July 9, 2013
</action-date>
<action-desc>
The
<committee-name committee-id="HJU00">
Committee on the
Judiciary
</committee-name>
discharged; committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
</action-desc>
</action>
<action>
<action-desc>
<pagebreak/>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title display="yes">
To authorize pedestrian and motorized
vehicular access in Cape Hatteras National Seashore Recreational Area, and for
other purposes.
<pagebreak/>
</official-title>
</form>
<legis-body id="H51D57C9709CA44F08861CA516D9C1FE4" style="OLC">
<section id="HFF44C834EDD845F28864369A30E133DE" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Preserving Access to Cape Hatteras
National Seashore Recreational Area Act
</short-title>
</quote>
.
</text>
</section>
<section id="H180FE079D6E94027BC9CD1A4F662551D">
<enum>
2.
</enum>
<header>
Reinstatement of
Interim Management Strategy
</header>
<subsection id="H8DCF2D86EC7D4354BF3985DFB6D1E121">
<enum>
(a)
</enum>
<header>
Management
</header>
<text display-inline="yes-display-inline">
After the date of the enactment of this
Act, Cape Hatteras National Seashore Recreational Area shall be managed in
accordance with the Interim Protected Species Management Strategy/Environmental
Assessment issued by the National Park Service on June 13, 2007, for the Cape
Hatteras National Seashore Recreational Area, North Carolina, unless the
Secretary of the Interior (hereafter in this Act referred to as the
<quote>
Secretary
</quote>
) issues a new final rule that meets the requirements
set forth in section 3.
</text>
</subsection>
<subsection id="H66B21D45948F4C6FAFAD4560A8846974">
<enum>
(b)
</enum>
<header>
Restrictions
</header>
<text display-inline="yes-display-inline">
The Secretary shall not impose any
additional restrictions on pedestrian or motorized vehicular access to any
portion of Cape Hatteras National Seashore Recreational Area for species
protection beyond those in the Interim Management Strategy, other than as
specifically authorized pursuant to section 3 of this Act.
</text>
</subsection>
</section>
<section display-inline="no-display-inline" id="H992F61EF8EEA4C638D735664C4F80144" section-type="subsequent-section">
<enum>
3.
</enum>
<header>
Additional
restrictions on access to Cape Hatteras National Seashore Recreational Area for
species protection
</header>
<subsection id="H72533875240B4C26822307E041D3009E">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
If, based on
peer-reviewed science and after public comment, the Secretary determines that
additional restrictions on access to a portion of the Cape Hatteras National
Seashore Recreational Area are necessary to protect species listed as
endangered under the Endangered Species Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/16/1531">
16 U.S.C. 1531 et seq.
</external-xref>
),
the Secretary may only restrict, by limitation, closure, buffer, or otherwise,
pedestrian and motorized vehicular access for recreational activities for the
shortest possible time and on the smallest possible portions of the Cape
Hatteras National Seashore Recreational Area.
</text>
</subsection>
<subsection id="H0AFC74C4911D4123B98138F9B088DB0D">
<enum>
(b)
</enum>
<header>
Limitation on
restrictions
</header>
<text display-inline="yes-display-inline">
Restrictions
imposed under this section for protection of species listed as endangered under
the Endangered Species Act of 1973 (
<external-xref legal-doc="usc" parsable-cite="usc/16/1531">
16 U.S.C. 1531 et seq.
</external-xref>
) shall not be
greater than the restrictions in effect for that species at any other National
Seashore.
</text>
</subsection>
<subsection id="HE47E4319B9814EF59587C11569D6EB7C">
<enum>
(c)
</enum>
<header>
Corridors around
closures
</header>
<text display-inline="yes-display-inline">
To the maximum
extent possible, the Secretary shall designate pedestrian and vehicular
corridors of minimal distance on the beach or interdunal area around closures
implemented under this section to allow access to areas not closed.
</text>
</subsection>
</section>
<section commented="no" id="H60E788DB1A064B139A8B4CA1C0A8CD32">
<enum>
4.
</enum>
<header>
Inapplicability
of final rule and consent degree
</header>
<subsection id="H7A2433FC524D4D3FB3DEF7C2B271ECC2">
<enum>
(a)
</enum>
<header>
Final
rule
</header>
<text display-inline="yes-display-inline">
The final rule titled
<quote>
Special Regulations, Areas of the National Park System, Cape Hatteras
National Seashore—Off-Road Vehicle Management
</quote>
(77 Fed. Reg. 3123–3144)
shall have no force or effect after the date of the enactment of this
Act.
</text>
</subsection>
<subsection id="H1C5BD8CEE4FD4C3FB957FE17A2F7A721">
<enum>
(b)
</enum>
<header>
Consent
decree
</header>
<text>
The April 30, 2008, consent decree filed in the United
States District Court for the Eastern District of North Carolina regarding
off-road vehicle use at Cape Hatteras National Seashore in North Carolina shall
not apply after the date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
<endorsement display="yes">
<action-date date="20130709">
July 9, 2013
</action-date>
<action-desc>
Reported from the
<committee-name committee-id="HII00">
Committee on Natural
Resources
</committee-name>
</action-desc>
<action-date date="20130709">
July 9, 2013
</action-date>
<action-desc>
The
<committee-name committee-id="HJU00">
Committee on the
Judiciary
</committee-name>
discharged; committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
</action-desc>
</endorsement>
</bill>
| IB Union Calendar No. 106 113th CONGRESS 1st Session H. R. 819 [Report No. 113–146, Part 1] IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned July 9, 2013 Additional sponsors: Mrs. Ellmers , Mr. Wittman , Mr. Hurt , Mr. Meadows , Mr. Forbes , and Ms. Foxx July 9, 2013 Reported from the Committee on Natural Resources July 9, 2013 The Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To authorize pedestrian and motorized vehicular access in Cape Hatteras National Seashore Recreational Area, and for other purposes.
1. Short title This Act may be cited as the Preserving Access to Cape Hatteras National Seashore Recreational Area Act . 2. Reinstatement of Interim Management Strategy (a) Management After the date of the enactment of this Act, Cape Hatteras National Seashore Recreational Area shall be managed in accordance with the Interim Protected Species Management Strategy/Environmental Assessment issued by the National Park Service on June 13, 2007, for the Cape Hatteras National Seashore Recreational Area, North Carolina, unless the Secretary of the Interior (hereafter in this Act referred to as the Secretary ) issues a new final rule that meets the requirements set forth in section 3. (b) Restrictions The Secretary shall not impose any additional restrictions on pedestrian or motorized vehicular access to any portion of Cape Hatteras National Seashore Recreational Area for species protection beyond those in the Interim Management Strategy, other than as specifically authorized pursuant to section 3 of this Act. 3. Additional restrictions on access to Cape Hatteras National Seashore Recreational Area for species protection (a) In general If, based on peer-reviewed science and after public comment, the Secretary determines that additional restrictions on access to a portion of the Cape Hatteras National Seashore Recreational Area are necessary to protect species listed as endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), the Secretary may only restrict, by limitation, closure, buffer, or otherwise, pedestrian and motorized vehicular access for recreational activities for the shortest possible time and on the smallest possible portions of the Cape Hatteras National Seashore Recreational Area. (b) Limitation on restrictions Restrictions imposed under this section for protection of species listed as endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) shall not be greater than the restrictions in effect for that species at any other National Seashore. (c) Corridors around closures To the maximum extent possible, the Secretary shall designate pedestrian and vehicular corridors of minimal distance on the beach or interdunal area around closures implemented under this section to allow access to areas not closed. 4. Inapplicability of final rule and consent degree (a) Final rule The final rule titled Special Regulations, Areas of the National Park System, Cape Hatteras National Seashore—Off-Road Vehicle Management (77 Fed. Reg. 3123–3144) shall have no force or effect after the date of the enactment of this Act. (b) Consent decree The April 30, 2008, consent decree filed in the United States District Court for the Eastern District of North Carolina regarding off-road vehicle use at Cape Hatteras National Seashore in North Carolina shall not apply after the date of the enactment of this Act.
July 9, 2013 Reported from the Committee on Natural Resources July 9, 2013 The Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed |
113-hr-820-ih-dtd | 113-hr-820 | 113 | hr | 820 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr820ih.xml | BILLS-113hr820ih.xml | 2023-01-08 17:37:44.874 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H2E81C4E1C78E46118CDF8773BF04FAC6" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 820 IH: Delivering Antimicrobial Transparency in Animals Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 820
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="W000215">
Mr. Waxman
</sponsor>
(for
himself and
<cosponsor name-id="S000480">
Ms. Slaughter
</cosponsor>
) introduced
the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Federal Food, Drug, and Cosmetic Act to
enhance the reporting requirements pertaining to use of antimicrobial drugs in
food animals.
</official-title>
</form>
<legis-body id="H4134A82E7F1F49DBA465695FA307400D" style="OLC">
<section id="HEA8AAC2DC18F411E817A596F2A541960" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Delivering Antimicrobial Transparency
in Animals Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HF0F74EB9641D40CE83C2D2E2A2582004">
<enum>
2.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
The Congress finds the following:
</text>
<paragraph id="H9CE7BBBA34D847359E600AA187D5F4BC">
<enum>
(1)
</enum>
<text>
Antimicrobials are
of critical importance to public health and to the American economy.
</text>
</paragraph>
<paragraph id="H24886017DDA840EF82B3C627C81E5887">
<enum>
(2)
</enum>
<text>
Use of
antimicrobials, whether in human medicine or in agriculture, contributes to the
development and spread of antimicrobial resistance.
</text>
</paragraph>
<paragraph id="H20FD6070B41248B59572EF75B855B200">
<enum>
(3)
</enum>
<text>
Data from the Food
and Drug Administration (FDA) indicate that approximately 80 percent of all
antimicrobials sold in the United States, over 29,000,000 pounds in 2009, were
sold for use in food animals.
</text>
</paragraph>
<paragraph id="H385063699F1947A3BDA158A69F24736B">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
A study published in September, 2012, in
Proceedings of the National Academy of Sciences of the United States of America
found that even low doses of antimicrobials in animal feed for short periods of
time increased the prevalence of the bacteria E. coli and the prevalence and
diversity of antimicrobial resistance genes in bacteria in pigs.
</text>
</paragraph>
<paragraph id="HFA1FB98747AC4A5A8B22C612BB0B9B8E">
<enum>
(5)
</enum>
<text>
Public Law
110–316, the Animal Drug User Fee Amendments of 2008, requires producers of
drugs used in food animals to provide specified information annually to the FDA
on the sales and indications for use of such drugs.
</text>
</paragraph>
<paragraph id="H03384DD677B944FAB490A6A56EAD8645">
<enum>
(6)
</enum>
<text>
A
September 2011 study by the Government Accountability Office found that the
data provided to the FDA under the Animal Drug User Fee Amendments Act of 2008
lacked sufficient details necessary to analyze trends in antimicrobial
resistance, such as information on actual drug use in specific food-producing
animal species.
</text>
</paragraph>
</section>
<section id="H2D836FD92ECE4013B8718834F4465F78">
<enum>
3.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
The purpose of this Act is to provide the
Food and Drug Administration and the public with better information on the use
of antimicrobial drugs in animals used for food to—
</text>
<paragraph id="H1D19EC54D6AA4EACB888E12BAD7089AC">
<enum>
(1)
</enum>
<text>
enable public
health officials and scientists to better understand and interpret trends and
variations in rates of microbial resistance to such antimicrobial drugs;
</text>
</paragraph>
<paragraph id="H5EE01645EC134EDC87B2D052019F583D">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
improve the understanding of the
relationship between antimicrobial drug use in animals used for food and
antimicrobial drug resistance in microbes in and on animals and humans;
and
</text>
</paragraph>
<paragraph id="H42B7968080D3483AB1F419BC5B507C50">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
identify interventions to prevent and
control such antimicrobial drug resistance.
</text>
</paragraph>
</section>
<section id="HE83974020C0340E092A0A0713D6D423F">
<enum>
4.
</enum>
<header>
Enhanced
reporting requirements
</header>
<subsection id="H53308200DB1F414797B12A2B6A69580C">
<enum>
(a)
</enum>
<header>
Reports
</header>
<text>
Section
512(l) of the Federal Food, Drug, and Cosmetic Act (
<external-xref legal-doc="usc" parsable-cite="usc/21/360b">
21 U.S.C. 360b(l)
</external-xref>
) is
amended by striking paragraph (3) and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H8C5E6A50027D4D98A0CEF4A4F5971965" style="OLC">
<paragraph id="H4884F13541DF4BCFBCC7F291605B8F8C">
<enum>
(3)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HDC35B646D91646BA8846C1D03EE88D36">
<enum>
(A)
</enum>
<text>
In the case of each new
animal drug described in paragraph (1) that contains an antimicrobial active
ingredient, the sponsor of the drug shall submit an annual report to the
Secretary on the amount of each antimicrobial active ingredient in the drug
that is sold or distributed for use in food-producing animals, including
information on any distributor-labeled product.
</text>
</subparagraph>
<subparagraph id="HE7EAF9B628F44C5FAD5E469EE91AD005" indent="up1">
<enum>
(B)
</enum>
<text>
Each report under this paragraph shall
specify the amount of each antimicrobial active ingredient—
</text>
<clause id="HB0059FB04F634645BFB3DA9781A750E1">
<enum>
(i)
</enum>
<text>
by container size, strength, and
dosage form;
</text>
</clause>
<clause id="H226D58CAA43F49F484775C90E88B21F5">
<enum>
(ii)
</enum>
<text>
by quantities distributed to each
State domestically and by quantities exported; and
</text>
</clause>
<clause id="HABBC7FE5B84344E281D40CDA9958E385">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
by dosage form, including (for each dosage
form) the known or estimated amounts of the antimicrobial active ingredient
sold or distributed for use in each food-producing animal for which the new
animal drug is approved, including a description of the methods used to
determine or estimate the amounts.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H6807DA84742641A4805837FBEB8AF9CA">
<enum>
(4)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="HA04B0F8C5A5A4320B3C242EA86EA9761">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
Subject to subparagraph (B), in the case of
animal feed in final formulation bearing or containing a new animal drug for
which reporting is required under paragraph (3), a live poultry dealer, swine
contractor, or feed lot operator who purchases, contracts, or manufactures such
feed shall submit to the Secretary an annual report that specifies, by
food-producing animal for which the new animal drug is approved and, where
applicable as determined by the Secretary, by production class of such
animal—
</text>
<clause id="HCCA84742422D4AE0B8E95A3B46E01314" indent="up1">
<enum>
(i)
</enum>
<text>
the amount of each antimicrobial
active ingredient contained per kilogram of each such feed sold or distributed
for that animal and, where applicable, production class;
</text>
</clause>
<clause id="H695D7E74E898483985A5449CF6BC36DB" indent="up1">
<enum>
(ii)
</enum>
<text>
the quantity of such feed sold or
distributed for that animal and, where applicable, production class; and
</text>
</clause>
<clause id="H36047F3CA09C4103A79EF46EAD157E21" indent="up1">
<enum>
(iii)
</enum>
<text>
for each such feed sold or
distributed under a veterinary feed directive—
</text>
<subclause id="HC0C85D5099244340AFD74936A21604DA">
<enum>
(I)
</enum>
<text>
the indications for which the feed was
sold or distributed and the quantities of such feed that were sold or
distributed per each such indication;
</text>
</subclause>
<subclause id="H78A3995D483940CAAD01E4077CB902A8">
<enum>
(II)
</enum>
<text>
the number of individuals of the
food-producing animal and, where applicable, the production class to which the
feed was intended; and
</text>
</subclause>
<subclause id="HD63A36D4349D4C3D9DAE68878BF66269">
<enum>
(III)
</enum>
<text>
the length of time over which the feed
was intended to be provided to the animals and the dose of the active
antimicrobial ingredient the animals were intended to receive.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HC69BF3C05E9E42478C27D1E2BFCF77C1" indent="up1">
<enum>
(B)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H0C38C81047F6445EA9A83A5025848F9B">
<enum>
(i)
</enum>
<text>
Subparagraph (A) does
not apply to a live poultry dealer, swine contractor, or feed lot operator if
the total value of the live animals owned, purchased, sold, contracted for, or
otherwise controlled by the dealer, contractor, or operator, directly or
through subsidiaries or affiliates, per year, does not exceed—
</text>
<subclause id="HDE193865FD35459BA2CF94DB297C9AB4" indent="up1">
<enum>
(I)
</enum>
<text>
$10,000,000; or
</text>
</subclause>
<subclause id="H8598EBF9139244E5B0FB65E3E8E20E82" indent="up1">
<enum>
(II)
</enum>
<text>
such other sum as the Secretary
may specify through regulation.
</text>
</subclause>
</clause>
<clause commented="no" id="HE5FDFCDC4BE14D84AB2CE873793CD23B" indent="up1">
<enum>
(ii)
</enum>
<text>
The Secretary may specify through
regulation alternative reporting requirements, including via pilot programs or
based on the results of pilot programs—
</text>
<subclause id="H16ABFA7068DC4FA9ACC758D791333398">
<enum>
(I)
</enum>
<text>
to improve the accuracy of
reports;
</text>
</subclause>
<subclause id="HDDB5A221E08943E0BF69FB8E60722BBD">
<enum>
(II)
</enum>
<text>
to lessen the burden of
reporting;
</text>
</subclause>
<subclause id="H115561E068AB4192B2FA9DFB557B2C73">
<enum>
(III)
</enum>
<text>
to facilitate the Secretary’s
ability to provide public summaries of the reports; or
</text>
</subclause>
<subclause id="H4A8999B023D041319803D29ED08C4A33">
<enum>
(IV)
</enum>
<text>
to improve the Secretary’s ability
to use the reports, or the public’s ability to use the summaries under
paragraph (5), to understand the relationship between sales, distribution, and
end-use practices with respect to feed containing new animal drugs described in
paragraph (1) and antimicrobial resistance trends in microbes in animals,
animal food products, and humans.
</text>
</subclause>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H82632D8D471C4BEABA141B04FD88343D">
<enum>
(5)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H065CB293E3424D45916574B57361FC0D">
<enum>
(A)
</enum>
<text>
Each report under
paragraph (3) or (4) shall—
</text>
<clause id="H312918436CEC47D89BD9C6847F988FF7" indent="up1">
<enum>
(i)
</enum>
<text>
be submitted electronically not
later than March 31 each year;
</text>
</clause>
<clause id="H62663E23E05B4D9E8E8FEC38FFD11DCA" indent="up1">
<enum>
(ii)
</enum>
<text>
cover the period of the preceding
calendar year;
</text>
</clause>
<clause id="HA896BB9FE5874C78B1856E70AE666AE5" indent="up1">
<enum>
(iii)
</enum>
<text>
include separate information for
each month of such calendar year; and
</text>
</clause>
<clause id="HC88F2473D6B94DB9B1613AD999C63BDE" indent="up1">
<enum>
(iv)
</enum>
<text>
be in such format as the Secretary
may require.
</text>
</clause>
</subparagraph>
<subparagraph id="H014ADB41165E41388FDEC73A30EBF7DF" indent="up1">
<enum>
(B)
</enum>
<text>
In specifying a format under
subparagraph (A)(iv), the Secretary shall seek to ensure that such format
enables the data reported to be integrated or otherwise easily associated and
compared with data from other Federal databases containing data on—
</text>
<clause id="H96A34BE8D8974CF3A32585E553032F9B">
<enum>
(i)
</enum>
<text>
drug sales for human use;
and
</text>
</clause>
<clause id="H5BA754BAEEB74D089A342505931F665B">
<enum>
(ii)
</enum>
<text>
rates of antimicrobial resistance
in bacteria in and on animals, animal food products, and people.
</text>
</clause>
</subparagraph>
<subparagraph id="H81B86DBBF46C405B9AC2227612F0C898" indent="up1">
<enum>
(C)
</enum>
<text>
The Secretary may share information
reported under paragraph (3) or (4) with the Antimicrobial Resistance Task
Force established under section 319E of the Public Health Service Act.
</text>
</subparagraph>
<subparagraph id="H61CD38348B6747D48CA312F9553FA1D9" indent="up1">
<enum>
(D)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H8EB3AFAA2C60415F943997717C4BDC8F">
<enum>
(i)
</enum>
<text>
Not later than November
30 each year, the Secretary shall make publicly available summaries of the
information reported under paragraphs (3) and (4).
</text>
</clause>
<clause id="H0F4203BEA45C43ED849D34FC7BFA2555" indent="up1">
<enum>
(ii)
</enum>
<text>
For each summary under clause (i),
except as provided in clause (iii), the Secretary shall—
</text>
<subclause id="HB0FB7C37AA334640B840CBE0C9BE5F85">
<enum>
(I)
</enum>
<text>
report data by antimicrobial drug
class;
</text>
</subclause>
<subclause id="HF83716374C5F47B1A732E4DED4173922">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
for each such antimicrobial drug class,
specify—
</text>
<item id="H3E40CDDDA7274B30939F808BDBF086DD">
<enum>
(aa)
</enum>
<text>
the quantity of drugs sold or
distributed per dosage form;
</text>
</item>
<item id="H921767A6367A4E8AAB6E2D8DBD1DB73C">
<enum>
(bb)
</enum>
<text>
the percentage of drugs sold or
distributed with labeled indications that fall within each of the following
categories: growth promotion, feed efficiency, or other production purposes;
disease prevention; disease control; and disease treatment;
</text>
</item>
<item id="HA12219833AA24CAA85443297B1613068">
<enum>
(cc)
</enum>
<text>
the quantity of drugs sold or
distributed per each of the following marketing categories: over-the-counter,
prescription, and veterinary feed directive;
</text>
</item>
<item id="H24FE5D7A73594CCBA49CEE0CA71472E2">
<enum>
(dd)
</enum>
<text>
the quantity of drugs sold or
distributed per State of sale or distribution; and
</text>
</item>
<item id="H2790FEA963C14B5CB728B07D44285587">
<enum>
(ee)
</enum>
<text display-inline="yes-display-inline">
the
known or estimated quantity of drugs sold or distributed for each
food-producing animal and, where feasible, production class of such animal;
and
</text>
</item>
</subclause>
<subclause id="H6CA56796209A47AB923EB17DEA40AE24">
<enum>
(III)
</enum>
<text>
for each feed sold or
distributed under a veterinary food directive for which reporting is required
under paragraph (4), include the information reported pursuant to subclauses
(I), (II), and (III) of paragraph (4)(A)(iii).
</text>
</subclause>
</clause>
<clause id="HACD96B279A064D52B7C9749C31DA68A1" indent="up1">
<enum>
(iii)
</enum>
<text>
For any antimicrobial drug class
with fewer than 3 sponsors of approved new animal drugs, instead of reporting
data under clause (ii), the Secretary shall for each such class—
</text>
<subclause id="HDCFA20EDFE554EE79DD6F2D2C0781044">
<enum>
(I)
</enum>
<text>
report data by category of
importance of the antimicrobial drugs within that class to human medicine, as
determined by the Secretary; and
</text>
</subclause>
<subclause id="H8314D75294EC4477A11107ABE2D1791E">
<enum>
(II)
</enum>
<text display-inline="yes-display-inline">
to the extent feasible for each such
category, specify—
</text>
<item id="H3F953104288047A29565593DD2BB149A">
<enum>
(aa)
</enum>
<text>
the quantity of drugs sold or
distributed per dosage form;
</text>
</item>
<item id="H182886EDE4E74E568DA6EC87D3003484">
<enum>
(bb)
</enum>
<text>
the percentage of drugs sold or
distributed with labeled indications that fall within each of the following
categories: growth promotion, feed efficiency, or other production purposes;
disease prevention; disease control; and disease treatment;
</text>
</item>
<item id="H66F7E20F5CC645AFA52C31495FB2A754">
<enum>
(cc)
</enum>
<text>
the quantity of drugs sold or
distributed per each of the following marketing categories: over-the-counter,
prescription, and veterinary feed directive; and
</text>
</item>
<item id="H114F719C907D4426B8890F8D87A728C3">
<enum>
(dd)
</enum>
<text>
the quantity of drugs sold or
distributed per State of sale or distribution.
</text>
</item>
</subclause>
</clause>
<clause id="H1B3BED3407804371A601289AE3D4243F" indent="up1">
<enum>
(iv)
</enum>
<text>
In carrying out this subparagraph,
the Secretary shall report data in a manner consistent with protecting both
national security and confidential business information.
</text>
</clause>
</subparagraph>
<subparagraph id="H4097BD2B885C4DAE80EB82FF9B05FBB4" indent="up1">
<enum>
(E)
</enum>
<text>
In this paragraph, the terms
<term>
live poultry dealer
</term>
and
<term>
swine contractor
</term>
have the
meanings given to those terms in section 2 of the Packers and Stockyards Act,
1921.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H6BFCB147F1E94069B27FF83804494D4C">
<enum>
(b)
</enum>
<header>
Rule of
application
</header>
<text display-inline="yes-display-inline">
The amendment
made by this section applies to reports under paragraphs (3) and (4) of section
512(l) of the Federal Food, Drug, and Cosmetic Act (
<external-xref legal-doc="usc" parsable-cite="usc/21/360b">
21 U.S.C. 360b(l)
</external-xref>
) (as
amended by subsection (a)) that cover the period of calendar year 2014 or any
subsequent calendar year. The provisions of section 512(l)(3) of such Act, as
in effect the day before the date of enactment of this Act, apply to reports
that cover the period of calendar year 2013.
</text>
</subsection>
</section>
<section id="H0F690BA3C3394123ABB997A4971AD3DF">
<enum>
5.
</enum>
<header>
Enhanced
collaboration between the Food and Drug Administration and the Department of
Agriculture
</header>
<text display-inline="no-display-inline">
The Secretary of
Health and Human Services, acting through the Commissioner of Food and Drugs,
shall increase collaboration and coordination with the Secretary of Agriculture
to expand and coordinate the collection of data on the use of antimicrobial
drugs in or on cattle, swine, chickens, turkeys, and such other food-producing
animal species as agreed to by the Secretary of Health and Human Services and
the Secretary of Agriculture, including by providing information to the
Secretary of Agriculture for use by—
</text>
<paragraph id="H3E38074FA935482AA97CB0296BC38588">
<enum>
(1)
</enum>
<text>
the Animal and
Plant Health Inspection Service to help inform its collection of data through
the National Animal Health Monitoring System; and
</text>
</paragraph>
<paragraph id="HF6F33E474F794398A0DFB4F26F56C64C">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
the Economic Research Service to help
inform its collection of data through the Agricultural Resource Management
Survey.
</text>
</paragraph>
</section>
<section id="HC69ACAE50AC342C8B9138576B302E007">
<enum>
6.
</enum>
<header>
Action by
Government Accountability Office
</header>
<subsection id="H9FDD220183AB4140835964C726FEF073">
<enum>
(a)
</enum>
<header>
Publication of
final guidance
</header>
<text>
Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human Services shall publish
a final version of draft guidance #213, entitled
<quote>
New Animal Drugs and
New Animal Drug Combination Products Administered in or on Medicated Feed or
Drinking Water of Food-Producing Animals: Recommendations for Drug Sponsors for
Voluntarily Aligning Product Use Conditions with GFI #209
</quote>
.
</text>
</subsection>
<subsection id="HC2D8134C542F49D2BF292A19D42D7868">
<enum>
(b)
</enum>
<header>
Report by
GAO
</header>
<paragraph id="H74299C166C384152B6D67B8E6333016C">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Not later than 3 years after the publication of final
guidance pursuant to subsection (a), the Comptroller General of the United
States shall commence a study to evaluate—
</text>
<subparagraph id="H9261C398630F4FC2B998C72E3BD0101D">
<enum>
(A)
</enum>
<text>
the voluntary
approach used by the Food and Drug Administration to eliminate injudicious use
of antimicrobial drugs in food-producing animals; and
</text>
</subparagraph>
<subparagraph id="H91FDC8C336A94B4E9665890885FEFE0C">
<enum>
(B)
</enum>
<text>
the effectiveness
of the data collection activities conducted by the Food and Drug Administration
regarding antimicrobial resistance.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5AD7B1C82B9E401D848986B78C6C141C">
<enum>
(2)
</enum>
<header>
Report
</header>
<text>
Not
later than 1 year after commencing the study required by paragraph (1), the
Comptroller General of the United States shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report that describes the
results of such study.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 820 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Waxman (for himself and Ms. Slaughter ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to enhance the reporting requirements pertaining to use of antimicrobial drugs in food animals.
1. Short title This Act may be cited as the Delivering Antimicrobial Transparency in Animals Act of 2013 . 2. Findings The Congress finds the following: (1) Antimicrobials are of critical importance to public health and to the American economy. (2) Use of antimicrobials, whether in human medicine or in agriculture, contributes to the development and spread of antimicrobial resistance. (3) Data from the Food and Drug Administration (FDA) indicate that approximately 80 percent of all antimicrobials sold in the United States, over 29,000,000 pounds in 2009, were sold for use in food animals. (4) A study published in September, 2012, in Proceedings of the National Academy of Sciences of the United States of America found that even low doses of antimicrobials in animal feed for short periods of time increased the prevalence of the bacteria E. coli and the prevalence and diversity of antimicrobial resistance genes in bacteria in pigs. (5) Public Law 110–316, the Animal Drug User Fee Amendments of 2008, requires producers of drugs used in food animals to provide specified information annually to the FDA on the sales and indications for use of such drugs. (6) A September 2011 study by the Government Accountability Office found that the data provided to the FDA under the Animal Drug User Fee Amendments Act of 2008 lacked sufficient details necessary to analyze trends in antimicrobial resistance, such as information on actual drug use in specific food-producing animal species. 3. Purpose The purpose of this Act is to provide the Food and Drug Administration and the public with better information on the use of antimicrobial drugs in animals used for food to— (1) enable public health officials and scientists to better understand and interpret trends and variations in rates of microbial resistance to such antimicrobial drugs; (2) improve the understanding of the relationship between antimicrobial drug use in animals used for food and antimicrobial drug resistance in microbes in and on animals and humans; and (3) identify interventions to prevent and control such antimicrobial drug resistance. 4. Enhanced reporting requirements (a) Reports Section 512(l) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360b(l) ) is amended by striking paragraph (3) and inserting the following: (3) (A) In the case of each new animal drug described in paragraph (1) that contains an antimicrobial active ingredient, the sponsor of the drug shall submit an annual report to the Secretary on the amount of each antimicrobial active ingredient in the drug that is sold or distributed for use in food-producing animals, including information on any distributor-labeled product. (B) Each report under this paragraph shall specify the amount of each antimicrobial active ingredient— (i) by container size, strength, and dosage form; (ii) by quantities distributed to each State domestically and by quantities exported; and (iii) by dosage form, including (for each dosage form) the known or estimated amounts of the antimicrobial active ingredient sold or distributed for use in each food-producing animal for which the new animal drug is approved, including a description of the methods used to determine or estimate the amounts. (4) (A) Subject to subparagraph (B), in the case of animal feed in final formulation bearing or containing a new animal drug for which reporting is required under paragraph (3), a live poultry dealer, swine contractor, or feed lot operator who purchases, contracts, or manufactures such feed shall submit to the Secretary an annual report that specifies, by food-producing animal for which the new animal drug is approved and, where applicable as determined by the Secretary, by production class of such animal— (i) the amount of each antimicrobial active ingredient contained per kilogram of each such feed sold or distributed for that animal and, where applicable, production class; (ii) the quantity of such feed sold or distributed for that animal and, where applicable, production class; and (iii) for each such feed sold or distributed under a veterinary feed directive— (I) the indications for which the feed was sold or distributed and the quantities of such feed that were sold or distributed per each such indication; (II) the number of individuals of the food-producing animal and, where applicable, the production class to which the feed was intended; and (III) the length of time over which the feed was intended to be provided to the animals and the dose of the active antimicrobial ingredient the animals were intended to receive. (B) (i) Subparagraph (A) does not apply to a live poultry dealer, swine contractor, or feed lot operator if the total value of the live animals owned, purchased, sold, contracted for, or otherwise controlled by the dealer, contractor, or operator, directly or through subsidiaries or affiliates, per year, does not exceed— (I) $10,000,000; or (II) such other sum as the Secretary may specify through regulation. (ii) The Secretary may specify through regulation alternative reporting requirements, including via pilot programs or based on the results of pilot programs— (I) to improve the accuracy of reports; (II) to lessen the burden of reporting; (III) to facilitate the Secretary’s ability to provide public summaries of the reports; or (IV) to improve the Secretary’s ability to use the reports, or the public’s ability to use the summaries under paragraph (5), to understand the relationship between sales, distribution, and end-use practices with respect to feed containing new animal drugs described in paragraph (1) and antimicrobial resistance trends in microbes in animals, animal food products, and humans. (5) (A) Each report under paragraph (3) or (4) shall— (i) be submitted electronically not later than March 31 each year; (ii) cover the period of the preceding calendar year; (iii) include separate information for each month of such calendar year; and (iv) be in such format as the Secretary may require. (B) In specifying a format under subparagraph (A)(iv), the Secretary shall seek to ensure that such format enables the data reported to be integrated or otherwise easily associated and compared with data from other Federal databases containing data on— (i) drug sales for human use; and (ii) rates of antimicrobial resistance in bacteria in and on animals, animal food products, and people. (C) The Secretary may share information reported under paragraph (3) or (4) with the Antimicrobial Resistance Task Force established under section 319E of the Public Health Service Act. (D) (i) Not later than November 30 each year, the Secretary shall make publicly available summaries of the information reported under paragraphs (3) and (4). (ii) For each summary under clause (i), except as provided in clause (iii), the Secretary shall— (I) report data by antimicrobial drug class; (II) for each such antimicrobial drug class, specify— (aa) the quantity of drugs sold or distributed per dosage form; (bb) the percentage of drugs sold or distributed with labeled indications that fall within each of the following categories: growth promotion, feed efficiency, or other production purposes; disease prevention; disease control; and disease treatment; (cc) the quantity of drugs sold or distributed per each of the following marketing categories: over-the-counter, prescription, and veterinary feed directive; (dd) the quantity of drugs sold or distributed per State of sale or distribution; and (ee) the known or estimated quantity of drugs sold or distributed for each food-producing animal and, where feasible, production class of such animal; and (III) for each feed sold or distributed under a veterinary food directive for which reporting is required under paragraph (4), include the information reported pursuant to subclauses (I), (II), and (III) of paragraph (4)(A)(iii). (iii) For any antimicrobial drug class with fewer than 3 sponsors of approved new animal drugs, instead of reporting data under clause (ii), the Secretary shall for each such class— (I) report data by category of importance of the antimicrobial drugs within that class to human medicine, as determined by the Secretary; and (II) to the extent feasible for each such category, specify— (aa) the quantity of drugs sold or distributed per dosage form; (bb) the percentage of drugs sold or distributed with labeled indications that fall within each of the following categories: growth promotion, feed efficiency, or other production purposes; disease prevention; disease control; and disease treatment; (cc) the quantity of drugs sold or distributed per each of the following marketing categories: over-the-counter, prescription, and veterinary feed directive; and (dd) the quantity of drugs sold or distributed per State of sale or distribution. (iv) In carrying out this subparagraph, the Secretary shall report data in a manner consistent with protecting both national security and confidential business information. (E) In this paragraph, the terms live poultry dealer and swine contractor have the meanings given to those terms in section 2 of the Packers and Stockyards Act, 1921. . (b) Rule of application The amendment made by this section applies to reports under paragraphs (3) and (4) of section 512(l) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360b(l) ) (as amended by subsection (a)) that cover the period of calendar year 2014 or any subsequent calendar year. The provisions of section 512(l)(3) of such Act, as in effect the day before the date of enactment of this Act, apply to reports that cover the period of calendar year 2013. 5. Enhanced collaboration between the Food and Drug Administration and the Department of Agriculture The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall increase collaboration and coordination with the Secretary of Agriculture to expand and coordinate the collection of data on the use of antimicrobial drugs in or on cattle, swine, chickens, turkeys, and such other food-producing animal species as agreed to by the Secretary of Health and Human Services and the Secretary of Agriculture, including by providing information to the Secretary of Agriculture for use by— (1) the Animal and Plant Health Inspection Service to help inform its collection of data through the National Animal Health Monitoring System; and (2) the Economic Research Service to help inform its collection of data through the Agricultural Resource Management Survey. 6. Action by Government Accountability Office (a) Publication of final guidance Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall publish a final version of draft guidance #213, entitled New Animal Drugs and New Animal Drug Combination Products Administered in or on Medicated Feed or Drinking Water of Food-Producing Animals: Recommendations for Drug Sponsors for Voluntarily Aligning Product Use Conditions with GFI #209 . (b) Report by GAO (1) In general Not later than 3 years after the publication of final guidance pursuant to subsection (a), the Comptroller General of the United States shall commence a study to evaluate— (A) the voluntary approach used by the Food and Drug Administration to eliminate injudicious use of antimicrobial drugs in food-producing animals; and (B) the effectiveness of the data collection activities conducted by the Food and Drug Administration regarding antimicrobial resistance. (2) Report Not later than 1 year after commencing the study required by paragraph (1), the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of such study. |
113-hr-821-ih-dtd | 113-hr-821 | 113 | hr | 821 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr821ih.xml | BILLS-113hr821ih.xml | 2023-01-08 17:37:44.061 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H4ED9A940926E41919402C729BB150268" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 821 IH: To amend the Servicemembers Civil Relief Act to provide surviving spouses with certain protections relating to mortgages and mortgage foreclosures, and for other purposes.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 821
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="G000556">
Mr. Grayson
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HVR00">
Committee on Veterans’ Affairs
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Servicemembers Civil Relief Act to provide surviving spouses with certain protections relating to mortgages and mortgage foreclosures, and for other purposes.
</official-title>
</form>
<legis-body id="HE3EEF42504EF475E96586E0A7FAD8750" style="OLC">
<section id="H959167443C12458DBA6D983FB2BEC2B3" section-type="section-one">
<enum>
1.
</enum>
<header>
Expansion of protections relating to mortgages and mortgage foreclosures for surviving spouses
</header>
<subsection id="H896E662B39C149DEB8E1B7431EE7A725">
<enum>
(a)
</enum>
<header>
Protection for Surviving Spouse
</header>
<text>
Section 303 of the Servicemembers Civil Relief Act (
<external-xref legal-doc="usc-appendix" parsable-cite="usc-appendix/50/533">
50 U.S.C. App. 533
</external-xref>
) is amended by adding at the end the following new subsection:
</text>
<quoted-block id="HA29910EB1832474BAD021BBEB64E3A44" style="OLC">
<subsection id="H9EC5C7ADFE764A0296121CADBE6B959D">
<enum>
(e)
</enum>
<header>
Protection for Surviving Spouse
</header>
<text>
During the five-year period beginning on the date of the enactment of this subsection, with respect to a servicemember who dies while in military service and whose death is service-connected, this section shall apply to the surviving spouse of the servicemember if such spouse is the successor in interest to property covered under subsection (a).
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HD7E26DEC34FD4EB695E76A74484BB3B8">
<enum>
(b)
</enum>
<header>
Effective date
</header>
<text>
Subsection (e) of section 303 of such Act, as added by subsection (a), shall apply to a surviving spouse of a servicemember whose death is on or after the date of the enactment of this Act.
</text>
</subsection>
</section>
<section id="HD802D2F2F3344E78825A9D3D02F5005B">
<enum>
2.
</enum>
<header>
Requirements for lending institutions that are creditors for obligations and liabilities covered by the Servicemembers Civil Relief Act
</header>
<text display-inline="no-display-inline">
Section 207 of the Servicemembers Civil Relief Act is amended—
</text>
<paragraph id="HB686BE058E974FDAA0FD26D230EF75EF">
<enum>
(1)
</enum>
<text>
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
</text>
</paragraph>
<paragraph id="H8A1FE655DDBD47239606ED52CF615AF5">
<enum>
(2)
</enum>
<text>
by inserting after subsection (c) the following new subsection (d):
</text>
<quoted-block display-inline="no-display-inline" id="HEA4C1CE86E384D5FAC04A03BF0FA8307" style="OLC">
<subsection id="HC2235E22160D4B9983FE1FB13860A635">
<enum>
(d)
</enum>
<header>
Lending institution requirements
</header>
<paragraph display-inline="no-display-inline" id="H98102E03C0FC46BB93B98B7466EFBA99">
<enum>
(1)
</enum>
<header>
Compliance officers
</header>
<text>
Each lending institution subject to the requirements of this section shall designate an employee of the institution as a compliance officer who is responsible for ensuring the institution’s compliance with this section and for distributing information to servicemembers whose obligations and liabilities are covered by this section.
</text>
</paragraph>
<paragraph id="HAFFA493CAA414B70BBCAF22A8B4F62DB">
<enum>
(2)
</enum>
<header>
Toll-free telephone number
</header>
<text>
During any fiscal year, a lending institution subject to the requirements of this section that had annual assets for the preceding fiscal year of $10,000,000,000 or more shall maintain a toll-free telephone number and shall make such telephone number available on the primary Internet website of the institution.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H0616FDDA72E2426BAD18337CDB36AE5B">
<enum>
3.
</enum>
<header>
Extension of period of protections for servicemembers against mortgage foreclosures
</header>
<text display-inline="no-display-inline">
Section 710(d) of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/154">
Public Law 112–154
</external-xref>
; 50 U.S.C. App. 533 note) is amended—
</text>
<paragraph id="H72064385E8C24DF2A68D17A16CD927E8">
<enum>
(1)
</enum>
<text>
in paragraph (1), by striking
<quote>
December 31, 2014
</quote>
and inserting
<quote>
December 31, 2017
</quote>
; and
</text>
</paragraph>
<paragraph id="H9261B913D3C8407EB0881F4C144671FC">
<enum>
(2)
</enum>
<text>
in paragraph (3), by striking
<quote>
January 1, 2015
</quote>
and inserting
<quote>
January 1, 2018
</quote>
.
</text>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 821 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend the Servicemembers Civil Relief Act to provide surviving spouses with certain protections relating to mortgages and mortgage foreclosures, and for other purposes.
1. Expansion of protections relating to mortgages and mortgage foreclosures for surviving spouses (a) Protection for Surviving Spouse Section 303 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 533 ) is amended by adding at the end the following new subsection: (e) Protection for Surviving Spouse During the five-year period beginning on the date of the enactment of this subsection, with respect to a servicemember who dies while in military service and whose death is service-connected, this section shall apply to the surviving spouse of the servicemember if such spouse is the successor in interest to property covered under subsection (a). . (b) Effective date Subsection (e) of section 303 of such Act, as added by subsection (a), shall apply to a surviving spouse of a servicemember whose death is on or after the date of the enactment of this Act. 2. Requirements for lending institutions that are creditors for obligations and liabilities covered by the Servicemembers Civil Relief Act Section 207 of the Servicemembers Civil Relief Act is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection (d): (d) Lending institution requirements (1) Compliance officers Each lending institution subject to the requirements of this section shall designate an employee of the institution as a compliance officer who is responsible for ensuring the institution’s compliance with this section and for distributing information to servicemembers whose obligations and liabilities are covered by this section. (2) Toll-free telephone number During any fiscal year, a lending institution subject to the requirements of this section that had annual assets for the preceding fiscal year of $10,000,000,000 or more shall maintain a toll-free telephone number and shall make such telephone number available on the primary Internet website of the institution. . 3. Extension of period of protections for servicemembers against mortgage foreclosures Section 710(d) of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 ( Public Law 112–154 ; 50 U.S.C. App. 533 note) is amended— (1) in paragraph (1), by striking December 31, 2014 and inserting December 31, 2017 ; and (2) in paragraph (3), by striking January 1, 2015 and inserting January 1, 2018 . |
113-hr-822-ih-dtd | 113-hr-822 | 113 | hr | 822 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr822ih.xml | BILLS-113hr822ih.xml | 2023-01-08 17:37:43.626 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H87BA001B1E0644C386D829D0D47953D1" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 822 IH: Teaching Geography is Fundamental Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 822
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="V000128">
Mr. Van Hollen
</sponsor>
(for
himself,
<cosponsor name-id="P000265">
Mr. Petri
</cosponsor>
, and
<cosponsor name-id="W000799">
Mr. Walz
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HED00">
Committee
on Education and the Workforce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To improve and expand geographic literacy among
kindergarten through grade 12 students in the United States by improving
professional development programs for kindergarten through grade 12 teachers
offered through institutions of higher education.
</official-title>
</form>
<legis-body id="HC1A09C09BC6B44C78B16575A5349A535" style="OLC">
<section commented="no" display-inline="no-display-inline" id="HEA0B87F617ED4BD39B20302CB606C086" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Teaching Geography is Fundamental
Act
</short-title>
</quote>
.
</text>
</section>
<section commented="no" display-inline="no-display-inline" id="HA7EE4430465647BBBA0936FB49C5C574" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Geography
education
</header>
<text display-inline="no-display-inline">
Title II of the
Higher Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1021">
20 U.S.C. 1021 et seq.
</external-xref>
) is amended by adding at
the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H8B9060C676D84396BEBEE41D2665EAFE" style="OLC">
<part commented="no" id="H112D485422044F49B0FC51A856151D28">
<enum>
D
</enum>
<header>
Geography
education
</header>
<section commented="no" display-inline="no-display-inline" id="HAF1E16BFE8A044B8A50D245443C491CF" section-type="subsequent-section">
<enum>
271.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
Congress makes the following
findings:
</text>
<paragraph id="HBE5DA81365284D17B092C0494A445CC7">
<enum>
(1)
</enum>
<text>
The economic
stature and competitiveness of the United States requires increasingly
sophisticated levels of geographic knowledge and mastery of geographic
tools.
</text>
</paragraph>
<paragraph id="H3B8B26B87A13469BB70B33428E098608">
<enum>
(2)
</enum>
<text>
It is estimated
that the United States geospatial industry generated $73,000,000,000 in revenue
last year, with half a million high-wage jobs, and that the industry is growing
at between 25-30 percent per year. This burgeoning industry will not be able to
maximize its growth potential without a sustained Federal investment in
geography education.
</text>
</paragraph>
<paragraph id="H966B4066AE3646AB9608CDAE22137AA8">
<enum>
(3)
</enum>
<text>
A 2012 report by a
Council on Foreign Relations task force, United States Education Reform and
National Security, states that the lack of global awareness among American
citizens increasingly jeopardizes their ability to interact with local and
global peers or participate meaningfully in business, diplomatic, and military
situations.
</text>
</paragraph>
<paragraph id="H601B5ABD3CE84E829E7413C80A867C2C">
<enum>
(4)
</enum>
<text>
Geographic
literacy is essential to a well prepared citizenry in the 21st century because
geographic factors assume greater importance as the world’s economies,
societies, and political structures grow more global in scale.
</text>
</paragraph>
<paragraph id="H7C731109723648F9B1B88CDBF0A0E598">
<enum>
(5)
</enum>
<text>
The 2010 National
Assessment of Educational Progress in geography shows that fewer than 30
percent of students tested in grades four, eight, and twelve scored at
grade-level or above. These scores have stayed the same or gotten worse since
the last time the test was administered in 2001.
</text>
</paragraph>
<paragraph id="HB350367BCE024793B4725C11338BE5A9">
<enum>
(6)
</enum>
<text>
The National
Academy of Sciences urged creation of a national program to improve the
geographic competence of the United States general population and the school
age population.
</text>
</paragraph>
<paragraph id="HABA1F706F5794CD89E04246D358C69D4">
<enum>
(7)
</enum>
<text>
Geography is one
of the
<quote>
core academic subjects
</quote>
defined under the Elementary and
Secondary Education Act.
</text>
</paragraph>
<paragraph id="HC9DFD80678DF41D99D9D999F291699E7">
<enum>
(8)
</enum>
<text>
A recent National
Geographic Society survey found that all 50 States and the District of Columbia
recognize geography in their curricula or content standards, and an increasing
number require geography for graduation and include geography in mandated
statewide assessments.
</text>
</paragraph>
<paragraph id="HE62AEA66B8174D1CB6FBF76D1D1D76C4">
<enum>
(9)
</enum>
<text>
Seven of ten
educators responding to a National Geographic survey felt their professional
development opportunities in geography were inadequate and half believed their
schools had inadequate basic materials for teaching geography.
</text>
</paragraph>
<paragraph id="H9ECA0CC9E8A74CFEAD66A38FF61888B2">
<enum>
(10)
</enum>
<text>
The National
Geographic Society has spent more than 25 years pioneering an extraordinarily
effective national program for improving the teaching of geography by engaging
university faculty, geographers, and highly trained teachers in State
Geographic Alliances dedicated to providing high-quality professional
development opportunities for kindergarten through grade 12 teachers.
</text>
</paragraph>
<paragraph id="H5F52263452354E2B94CFC2C63D0017C4">
<enum>
(11)
</enum>
<text>
More than 80
colleges and universities in all 50 States have received grants from the
National Geographic Society to support State Geographic Alliances and their
professional development programs. Alliance-trained kindergarten through grade
12 teachers and their higher education partners conduct workshops, develop
localized teaching materials, and facilitate communication among thousands of
teachers whose responsibilities include teaching of geography in various
formats and grade levels.
</text>
</paragraph>
<paragraph id="HC4FB1AAB8ADF454786970AEA62E2BB24">
<enum>
(12)
</enum>
<text>
A study by
Mid-continent Research for Education and Learning that assessed student
academic achievement in geography on the National Assessment of Educational
Progress showed that students taught by Alliance-trained teachers out-performed
other students by almost 10 percent.
</text>
</paragraph>
<paragraph id="H2E79E5EA0A0F40BA846E2489A44A94E3">
<enum>
(13)
</enum>
<text>
We live in a
changing world with multiple and evolving threats to national security,
including terrorism, asymmetrical warfare, and social unrest. As the nature of
the threat evolves, so do the tools, knowledge, and skills needed to respond. A
2013 National Academies report states that it is likely that qualified
Geography Information Systems and remote sensing experts are already hard to
find. Long before 2030, competition and a small number of graduates will likely
result in shortages in all emerging areas and in the core areas of cartography,
photogammetry, and geodesy.
</text>
</paragraph>
</section>
<section commented="no" display-inline="no-display-inline" id="HB33DE6F87566411F9A1B15B6176A41EC" section-type="subsequent-section">
<enum>
272.
</enum>
<header>
Purposes and
objectives
</header>
<subsection commented="no" display-inline="no-display-inline" id="H3F40A2616A45488E9AE4AC7AF8C09141">
<enum>
(a)
</enum>
<header>
Purpose
</header>
<text display-inline="yes-display-inline">
The purpose of this part is to promote
geographic literacy and improved understanding of global cultures among
kindergarten through grade 12 students by expanding programs that employ the
geographic knowledge and expertise of faculty members in institutions of higher
education for the benefit of kindergarten through grade 12 teachers and to
otherwise advance geographic literacy.
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="H673A0E196B9C4573A867C3B423FCA1CE">
<enum>
(b)
</enum>
<header>
Objectives
</header>
<text display-inline="yes-display-inline">
The objectives of this part are the
following:
</text>
<paragraph commented="no" display-inline="no-display-inline" id="H98BE062867674DA9888453663279ECDD">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
To increase students knowledge of, and
achievement in, standards-based geography to enable the students to become
better informed and more productive citizens.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HE192EC6795A3407DB437F390B07842A1">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
To increase the number of highly qualified
teachers of United States and world geography and to enable the teachers to
improve student mastery of geographic principles and practical applications of
those principles.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H36E0904C5B7741D18A7F6CA7EEB025A9">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
To encourage geographic education research,
to develop and disseminate effective instructional materials, and to promote
replication of best practices and exemplary programs that foster geographic
literacy.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H84B292CFB11B43AFA90F1D50D57E08C2">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
To assist States in measuring the impact of
education in geography.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HE83B9EF813BD4A709D19467E4A63A3B3">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
To leverage and expand private and public
support for geography education partnerships at national, State, and local
levels.
</text>
</paragraph>
</subsection>
</section>
<section commented="no" display-inline="no-display-inline" id="H06C775C0CC534C32A510C16A55EF869D" section-type="subsequent-section">
<enum>
273.
</enum>
<header>
Grant program
authorized
</header>
<text display-inline="no-display-inline">
The Secretary is
authorized to award a grant to a national nonprofit educational organization or
a consortium of organizations (hereafter in this part referred to as the
<quote>
grantee
</quote>
) that has as its primary purpose the improvement of the
quality of student understanding of geography through effective teaching of
geography in the Nation’s classrooms.
</text>
</section>
<section commented="no" display-inline="no-display-inline" id="HA8444D0EF94E447AAAAE7CC151D0AAC0" section-type="subsequent-section">
<enum>
274.
</enum>
<header>
Use of
funds
</header>
<subsection commented="no" display-inline="no-display-inline" id="H3DB875BC6459427197CC6D9E10EEE725">
<enum>
(a)
</enum>
<header>
Direct
activities
</header>
<text display-inline="yes-display-inline">
The grantee shall
use not more than 25 percent of the funds made available through the grant for
a fiscal year—
</text>
<paragraph commented="no" display-inline="no-display-inline" id="H46459D80B111493EA085DFBB598517C0">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
to strengthen and expand the grantee’s
relationships with institutions of higher education and with State educational
agencies and local educational agencies and other public and private
organizations with a commitment to geography education and the benefits of
geography education;
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H4903CD3CD7E74683A05655EFCE677906">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
to support and promote research-based
training of teachers of geography and related disciplines in kindergarten
through grade 12 as a means of broadening student knowledge of the world,
including the dissemination of information on effective practices and research
findings concerning the teaching of geography;
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H7E5C5FFFF8384CABA5834B047678D3E6">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
to support research on effective geography
teaching practices and the development of assessment instruments and strategies
to document student understanding of geography;
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HBE46659409C544B2971CFD84848F7573">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
to convene national conferences on
geography education to assess the current state of geographic literacy and to
identify strategies for improvement; and
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H7ABC21CDD28E4F56912EA1CEBAAE906E">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
to develop and disseminate appropriate
research-based materials to foster geographic literacy.
</text>
</paragraph>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="H47F9A82BB2ED47EF8D00412AF3CE4B51">
<enum>
(b)
</enum>
<header>
Subgrants
</header>
<paragraph commented="no" display-inline="no-display-inline" id="HE724BBC3BA554160B8ABB08A8582A21C">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The grantee shall use
not more than 75 percent of the funds made available through the grant for a
fiscal year to award subgrants to eligible recipients.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HDBBDA1FA7B904DCDB58B93F298F473E5">
<enum>
(2)
</enum>
<header>
Eligible
recipient defined
</header>
<text display-inline="yes-display-inline">
In this
part the term
<term>
eligible recipient
</term>
means an institution of higher
education associated with—
</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H755E3D63EAD44B05A551E70D53F750A9">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
a State geographic alliance;
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H63240B32B38C43C4BE9C8F06F7D2D4F9">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
a nonprofit educational
organization;
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H2FF969A4482E45E2AC1577C3B13FE0CB">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
a State educational agency or local
educational agency; or
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HF92A8F2ADFB34BBA9A15E24208DC7D62">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
a partnership between or among an alliance,
organization, or agency described in subparagraph (A), (B) or (C).
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HA1548B08C0F446F0BB4522A246365960">
<enum>
(3)
</enum>
<header>
Subgrant uses of
funds
</header>
<text display-inline="yes-display-inline">
Eligible recipients
shall use the subgrant funds for 1 or more of the following purposes:
</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H6DE20F564B014ADF816E468446C465CF">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
Conducting teacher training programs that
use effective and research-based approaches to the teaching of geography at the
kindergarten through grade 12 level.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H4B4597FB72B34CDE9F988B6F2019306B">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
Applying Geographic Information System
(GIS) or other geographic technological tools to the teaching of
geography.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H3D6746F5CF494DC1A439440672257907">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
Applying Internet and other distance
learning technology to the teaching of geography or to the continuing education
of teachers.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HACBF3300042245F5B14843E04C7CDD09">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
Promoting rigorous academic standards and
assessment techniques to guide and measure student performance in
geography.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H9340A7FC5F7249908F0E1331883F39EA">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
Promoting research in geography education,
emphasizing research that leads to improving student achievement.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HD71E092EF4384FA8ACA945BD5022D8CF">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
Carrying out local, field-based activities
for teachers and students to improve their knowledge of the concepts and tools
of geography while enhancing understanding of their home region.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HD4457ED5840149A9A1671F2A06DB87E8">
<enum>
(G)
</enum>
<text display-inline="yes-display-inline">
Promoting comparative studies of world
cultures, economies, and environments.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H220BF1A8F08C4FB1A2EB934C5157F82A">
<enum>
(H)
</enum>
<text display-inline="yes-display-inline">
Encouraging replication of best practices
and model programs to promote geographic literacy.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H9F5AB0F299EC4E799528F9B4BAB05966">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
Developing and disseminating effective,
research-based geography learning materials.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H629A82A9F9A6485283B36579C9F6A81D">
<enum>
(J)
</enum>
<text display-inline="yes-display-inline">
Convening State-based conferences to assess
the state of geographic literacy and to identify strategies for
improvement.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section commented="no" display-inline="no-display-inline" id="HF84269825E65498BA1687EB2B1BCC6FE" section-type="subsequent-section">
<enum>
275.
</enum>
<header>
Applications
</header>
<subsection commented="no" display-inline="no-display-inline" id="HBFED34DF5A904B109C81C2C731FA3EAD">
<enum>
(a)
</enum>
<header>
Grantee
applications
</header>
<text display-inline="yes-display-inline">
To be eligible
to receive a grant under this part, a grantee shall submit to the Secretary an
application at such time, in such manner, and accompanied by such information
as the Secretary may require.
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="HAD1345FF6E224AA9BE15557D24D7A3AE">
<enum>
(b)
</enum>
<header>
Eligible
recipient applications
</header>
<paragraph commented="no" display-inline="no-display-inline" id="HAB73BE643BB24A618EEDEE1B09814337">
<enum>
(1)
</enum>
<header>
Submission
</header>
<text display-inline="yes-display-inline">
To be eligible to receive a subgrant under
this part, an eligible recipient shall submit an application to a grantee at
such time, in such manner and accompanied by such information as the grantee
may require.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HC80AA289EAD747B296863E5BCAE6FD97">
<enum>
(2)
</enum>
<header>
Review
</header>
<subparagraph commented="no" display-inline="no-display-inline" id="HCB63D6B9FDCB4340950F56DFE1D49846">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
A grantee shall
invite individuals described in
<internal-xref idref="H9D175CA27F884275ABA1730FC7FD93D5" legis-path="275.(b)(2)(B)">
subparagraph (B)
</internal-xref>
to review all
applications from eligible recipients for a subgrant under this section and to
make recommendations to the grantee regarding the approval of the
applications.
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="H9D175CA27F884275ABA1730FC7FD93D5">
<enum>
(B)
</enum>
<header>
Reviewers
</header>
<text display-inline="yes-display-inline">
The individuals referred to in
<internal-xref idref="HCB63D6B9FDCB4340950F56DFE1D49846" legis-path="275.(b)(2)(A)">
subparagraph (A)
</internal-xref>
are the
following:
</text>
<clause commented="no" display-inline="no-display-inline" id="H0CA2D608601A4E369FEBFF83CA9FB935">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
Leaders in the field of geography
education.
</text>
</clause>
<clause commented="no" display-inline="no-display-inline" id="HCFC15EA257C84D288EA4094C598E2414">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
Such other individuals as the grantee may
determine are necessary or desirable.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
</section>
<section commented="no" display-inline="no-display-inline" id="HFC936AE05A13472FA640F6C486485945" section-type="subsequent-section">
<enum>
276.
</enum>
<header>
Requirements
</header>
<subsection commented="no" display-inline="no-display-inline" id="H7EDDD51077C3400BBE33E02410265548">
<enum>
(a)
</enum>
<header>
Administrative
costs
</header>
<text display-inline="yes-display-inline">
A grantee receiving a
grant under this part for a fiscal year, and each eligible recipient receiving
a subgrant under this part for a fiscal year, may use not more than 15 percent
of the funds made available through the grant or subgrant, respectively, for
administrative costs.
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="HA9D365F8C3464C69A4FC7572BF337C3F">
<enum>
(b)
</enum>
<header>
Matching
requirements
</header>
<paragraph commented="no" display-inline="no-display-inline" id="H94E49C28C84F4681B953E4C3C887F2CE">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
In order to be
eligible to receive a subgrant under this part an eligible recipient shall
agree in the application submitted under
<internal-xref idref="HAD1345FF6E224AA9BE15557D24D7A3AE" legis-path="275.(b)">
section 275(b)
</internal-xref>
to provide matching funds
towards the costs of the activities assisted under the subgrant.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H90782955131E409CA9B782B90A6633BD">
<enum>
(2)
</enum>
<header>
Amount
</header>
<text display-inline="yes-display-inline">
An eligible recipient shall provide
matching funds in an amount equal to 20 percent of the subgrant funds received
under this part for the second and each succeeding fiscal year for which
subgrant payments are made.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HC4EFE7F1BB474B2386E661051F3E833E">
<enum>
(3)
</enum>
<header>
Source of
matching funds
</header>
<text display-inline="yes-display-inline">
Matching funds
may be provided in cash or in kind, fairly evaluated, including facilities,
staffing salaries, and educational materials.
</text>
</paragraph>
</subsection>
</section>
<section commented="no" display-inline="no-display-inline" id="H3C1B431AE33546F09FA718165F9CF48A" section-type="subsequent-section">
<enum>
277.
</enum>
<header>
Authorization of
appropriations
</header>
<text display-inline="no-display-inline">
There are
authorized to be appropriated to carry out this part $15,000,000 for fiscal
year 2014 and each of the 4 succeeding fiscal
years.
</text>
</section>
</part>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 822 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Van Hollen (for himself, Mr. Petri , and Mr. Walz ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To improve and expand geographic literacy among kindergarten through grade 12 students in the United States by improving professional development programs for kindergarten through grade 12 teachers offered through institutions of higher education.
1. Short title This Act may be cited as the Teaching Geography is Fundamental Act . 2. Geography education Title II of the Higher Education Act of 1965 ( 20 U.S.C. 1021 et seq. ) is amended by adding at the end the following: D Geography education 271. Findings Congress makes the following findings: (1) The economic stature and competitiveness of the United States requires increasingly sophisticated levels of geographic knowledge and mastery of geographic tools. (2) It is estimated that the United States geospatial industry generated $73,000,000,000 in revenue last year, with half a million high-wage jobs, and that the industry is growing at between 25-30 percent per year. This burgeoning industry will not be able to maximize its growth potential without a sustained Federal investment in geography education. (3) A 2012 report by a Council on Foreign Relations task force, United States Education Reform and National Security, states that the lack of global awareness among American citizens increasingly jeopardizes their ability to interact with local and global peers or participate meaningfully in business, diplomatic, and military situations. (4) Geographic literacy is essential to a well prepared citizenry in the 21st century because geographic factors assume greater importance as the world’s economies, societies, and political structures grow more global in scale. (5) The 2010 National Assessment of Educational Progress in geography shows that fewer than 30 percent of students tested in grades four, eight, and twelve scored at grade-level or above. These scores have stayed the same or gotten worse since the last time the test was administered in 2001. (6) The National Academy of Sciences urged creation of a national program to improve the geographic competence of the United States general population and the school age population. (7) Geography is one of the core academic subjects defined under the Elementary and Secondary Education Act. (8) A recent National Geographic Society survey found that all 50 States and the District of Columbia recognize geography in their curricula or content standards, and an increasing number require geography for graduation and include geography in mandated statewide assessments. (9) Seven of ten educators responding to a National Geographic survey felt their professional development opportunities in geography were inadequate and half believed their schools had inadequate basic materials for teaching geography. (10) The National Geographic Society has spent more than 25 years pioneering an extraordinarily effective national program for improving the teaching of geography by engaging university faculty, geographers, and highly trained teachers in State Geographic Alliances dedicated to providing high-quality professional development opportunities for kindergarten through grade 12 teachers. (11) More than 80 colleges and universities in all 50 States have received grants from the National Geographic Society to support State Geographic Alliances and their professional development programs. Alliance-trained kindergarten through grade 12 teachers and their higher education partners conduct workshops, develop localized teaching materials, and facilitate communication among thousands of teachers whose responsibilities include teaching of geography in various formats and grade levels. (12) A study by Mid-continent Research for Education and Learning that assessed student academic achievement in geography on the National Assessment of Educational Progress showed that students taught by Alliance-trained teachers out-performed other students by almost 10 percent. (13) We live in a changing world with multiple and evolving threats to national security, including terrorism, asymmetrical warfare, and social unrest. As the nature of the threat evolves, so do the tools, knowledge, and skills needed to respond. A 2013 National Academies report states that it is likely that qualified Geography Information Systems and remote sensing experts are already hard to find. Long before 2030, competition and a small number of graduates will likely result in shortages in all emerging areas and in the core areas of cartography, photogammetry, and geodesy. 272. Purposes and objectives (a) Purpose The purpose of this part is to promote geographic literacy and improved understanding of global cultures among kindergarten through grade 12 students by expanding programs that employ the geographic knowledge and expertise of faculty members in institutions of higher education for the benefit of kindergarten through grade 12 teachers and to otherwise advance geographic literacy. (b) Objectives The objectives of this part are the following: (1) To increase students knowledge of, and achievement in, standards-based geography to enable the students to become better informed and more productive citizens. (2) To increase the number of highly qualified teachers of United States and world geography and to enable the teachers to improve student mastery of geographic principles and practical applications of those principles. (3) To encourage geographic education research, to develop and disseminate effective instructional materials, and to promote replication of best practices and exemplary programs that foster geographic literacy. (4) To assist States in measuring the impact of education in geography. (5) To leverage and expand private and public support for geography education partnerships at national, State, and local levels. 273. Grant program authorized The Secretary is authorized to award a grant to a national nonprofit educational organization or a consortium of organizations (hereafter in this part referred to as the grantee ) that has as its primary purpose the improvement of the quality of student understanding of geography through effective teaching of geography in the Nation’s classrooms. 274. Use of funds (a) Direct activities The grantee shall use not more than 25 percent of the funds made available through the grant for a fiscal year— (1) to strengthen and expand the grantee’s relationships with institutions of higher education and with State educational agencies and local educational agencies and other public and private organizations with a commitment to geography education and the benefits of geography education; (2) to support and promote research-based training of teachers of geography and related disciplines in kindergarten through grade 12 as a means of broadening student knowledge of the world, including the dissemination of information on effective practices and research findings concerning the teaching of geography; (3) to support research on effective geography teaching practices and the development of assessment instruments and strategies to document student understanding of geography; (4) to convene national conferences on geography education to assess the current state of geographic literacy and to identify strategies for improvement; and (5) to develop and disseminate appropriate research-based materials to foster geographic literacy. (b) Subgrants (1) In general The grantee shall use not more than 75 percent of the funds made available through the grant for a fiscal year to award subgrants to eligible recipients. (2) Eligible recipient defined In this part the term eligible recipient means an institution of higher education associated with— (A) a State geographic alliance; (B) a nonprofit educational organization; (C) a State educational agency or local educational agency; or (D) a partnership between or among an alliance, organization, or agency described in subparagraph (A), (B) or (C). (3) Subgrant uses of funds Eligible recipients shall use the subgrant funds for 1 or more of the following purposes: (A) Conducting teacher training programs that use effective and research-based approaches to the teaching of geography at the kindergarten through grade 12 level. (B) Applying Geographic Information System (GIS) or other geographic technological tools to the teaching of geography. (C) Applying Internet and other distance learning technology to the teaching of geography or to the continuing education of teachers. (D) Promoting rigorous academic standards and assessment techniques to guide and measure student performance in geography. (E) Promoting research in geography education, emphasizing research that leads to improving student achievement. (F) Carrying out local, field-based activities for teachers and students to improve their knowledge of the concepts and tools of geography while enhancing understanding of their home region. (G) Promoting comparative studies of world cultures, economies, and environments. (H) Encouraging replication of best practices and model programs to promote geographic literacy. (I) Developing and disseminating effective, research-based geography learning materials. (J) Convening State-based conferences to assess the state of geographic literacy and to identify strategies for improvement. 275. Applications (a) Grantee applications To be eligible to receive a grant under this part, a grantee shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Eligible recipient applications (1) Submission To be eligible to receive a subgrant under this part, an eligible recipient shall submit an application to a grantee at such time, in such manner and accompanied by such information as the grantee may require. (2) Review (A) In general A grantee shall invite individuals described in subparagraph (B) to review all applications from eligible recipients for a subgrant under this section and to make recommendations to the grantee regarding the approval of the applications. (B) Reviewers The individuals referred to in subparagraph (A) are the following: (i) Leaders in the field of geography education. (ii) Such other individuals as the grantee may determine are necessary or desirable. 276. Requirements (a) Administrative costs A grantee receiving a grant under this part for a fiscal year, and each eligible recipient receiving a subgrant under this part for a fiscal year, may use not more than 15 percent of the funds made available through the grant or subgrant, respectively, for administrative costs. (b) Matching requirements (1) In general In order to be eligible to receive a subgrant under this part an eligible recipient shall agree in the application submitted under section 275(b) to provide matching funds towards the costs of the activities assisted under the subgrant. (2) Amount An eligible recipient shall provide matching funds in an amount equal to 20 percent of the subgrant funds received under this part for the second and each succeeding fiscal year for which subgrant payments are made. (3) Source of matching funds Matching funds may be provided in cash or in kind, fairly evaluated, including facilities, staffing salaries, and educational materials. 277. Authorization of appropriations There are authorized to be appropriated to carry out this part $15,000,000 for fiscal year 2014 and each of the 4 succeeding fiscal years. . |
113-hr-823-ih-dtd | 113-hr-823 | 113 | hr | 823 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr823ih.xml | BILLS-113hr823ih.xml | 2023-01-08 17:37:43.734 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H07FBEF0AAB774A569312920FF8B90A79" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 823 IH: Space Leadership Preservation Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 823
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="C001048">
Mr. Culberson
</sponsor>
(for
himself,
<cosponsor name-id="W000672">
Mr. Wolf
</cosponsor>
,
<cosponsor name-id="G000410">
Mr. Gene Green of Texas
</cosponsor>
,
<cosponsor name-id="P000599">
Mr. Posey
</cosponsor>
, and
<cosponsor name-id="O000168">
Mr. Olson
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HSY00">
Committee
on Science, Space, and Technology
</committee-name>
, and in addition to the
Committee on the
<committee-name committee-id="HBU00">
Budget
</committee-name>
,
for a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To preserve American space leadership, and for other
purposes.
</official-title>
</form>
<legis-body id="HE5253CF400D344F09D7F8D8F56DAD4FA" style="OLC">
<section id="H7503C994C20A455D97121CC1F3850A7E" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Space Leadership Preservation Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="H7A1A18FBF5814CCC875FC5651B2937B5">
<enum>
2.
</enum>
<header>
Purpose
</header>
<text display-inline="no-display-inline">
The purpose of this Act is to ensure that
the American space program will always be the best in the world, and to ensure
that America will always be able to preserve and protect our leadership in the
exploration of outer space, the high ground of the future. Congress is hopeful
that by restructuring NASA we can make the Agency less political and more
professional so that visionary NASA scientists, engineers, and astronauts will
continue to inspire future generations by their continuing mission: to explore
strange new worlds, to seek out new life, to boldly go where no one has gone
before.
</text>
</section>
<section display-inline="no-display-inline" id="H8840726A9B3B428EB121D6A6B1D37D6F">
<enum>
3.
</enum>
<header>
Administrator and
Deputy Administrator
</header>
<text display-inline="no-display-inline">
Section
20111 of title 51, United States Code, is amended—
</text>
<paragraph id="H8475650EFDF84C3CBBB9F6FD8C73B014">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="HD74E9B9587204375A2F19BA773C07A25">
<enum>
(A)
</enum>
<text>
by striking
<quote>
<header-in-text level="subsection" style="OLC">
Administrator.—
</header-in-text>
There is established
</quote>
and
inserting
</text>
<quoted-block display-inline="yes-display-inline" id="H521CFA5C7C9E4470A3D483E4DC202A66" style="OLC">
<text>
<header-in-text level="subsection" style="OLC">
Administrator.—
</header-in-text>
</text>
<paragraph id="H614901B4EFBD4B73AD94D589DC86A852">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
There is
established
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H51702CC6464749D59FE1CA069E4BD41C">
<enum>
(B)
</enum>
<text>
in paragraph (1),
as so designated by subparagraph (A) of this paragraph, by inserting
<quote>
The
Administrator shall serve for a term of 6 years.
</quote>
after
<quote>
and
activities thereof.
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H5622EC5964BF404B8488525D117AB67E">
<enum>
(C)
</enum>
<text>
by adding at the
end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H5590568FA0BD4FC48D41760B1F22B358" style="OLC">
<paragraph id="HA77F9DA2CDE843E19ADF49009166098C">
<enum>
(2)
</enum>
<header>
Board of
directors nominations
</header>
<text display-inline="yes-display-inline">
The
President may appoint the Administrator under paragraph (1) from among the list
of nominees provided by the Board of Directors pursuant to section
20118(j)(2)(A).
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H77AB9A418B4940CD98EAC55C4A58A166">
<enum>
(2)
</enum>
<text>
in subsection
(b)—
</text>
<subparagraph id="H379DA7A5E3EC43C2BC752CF2B2508539">
<enum>
(A)
</enum>
<text>
by striking
<quote>
<header-in-text level="subsection" style="OLC">
Administrator.—
</header-in-text>
There shall be
</quote>
and
inserting
</text>
<quoted-block display-inline="yes-display-inline" id="H021D5654CA234030BDAB3E0E05F601AC" style="OLC">
<text>
<header-in-text level="subsection" style="OLC">
Administrator.—
</header-in-text>
</text>
<paragraph id="HF630D88B99324DF8AE87BF8807F04DC2">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
There shall
be
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HFD491DCCB86F422183D3AC653AE76CAE">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
in paragraph (1), as so designated by
subparagraph (A) of this paragraph, by inserting
<quote>
The Deputy
Administrator shall not act for, and exercise the powers of, the Administrator
for a period in excess of 45 days. After 45 days, the Associate Administrator
shall exercise the powers of Administrator until a new Administrator is
appointed and confirmed by the Senate.
</quote>
after
<quote>
absence or
disability.
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H2A3D9CA65F624B1B959CB4AF11B7CDB9">
<enum>
(C)
</enum>
<text>
by adding at the
end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H3D6AD7AF997B453A9C70721B6221EF5A" style="OLC">
<paragraph id="H3F78468207BA41F982F2B33D50C690D0">
<enum>
(2)
</enum>
<header>
Board of
directors nominations
</header>
<text display-inline="yes-display-inline">
The
President may appoint the Deputy Administrator under paragraph (1) from among
the list of nominees provided by the Board of Directors pursuant to section
20118(j)(2)(B).
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</section>
<section id="HFC8D77801CA141A69B420B65C7BCDF41" section-type="subsequent-section">
<enum>
4.
</enum>
<header>
Board of
Directors
</header>
<subsection id="H39D1B55EFF0047D19319C2C4EEB4E5BC">
<enum>
(a)
</enum>
<header>
Establishment
</header>
<text display-inline="yes-display-inline">
Subchapter II of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/51/201">
chapter 201
</external-xref>
of title 51,
United States Code, is amended by adding at the end the following new
section:
</text>
<quoted-block display-inline="no-display-inline" id="HDC36FB4619D94728B1C274217B5A5D74" style="USC">
<section id="HA3D0D1BA63C44686A242734631C3AD68">
<enum>
20118.
</enum>
<header>
Board of
Directors
</header>
<subsection id="H21D54F6595D74345B3D7F8F57FBB86EC">
<enum>
(a)
</enum>
<header>
Establishment
</header>
<text>
There
shall be established a Board of Directors for the National Aeronautics and
Space Administration in accordance with this section, not later than 9 months
after the date of enactment of the
<short-title>
Space
Leadership Preservation Act of 2013
</short-title>
.
</text>
</subsection>
<subsection id="HE5C129782A29422286DB75E936B0441D">
<enum>
(b)
</enum>
<header>
Membership and
appointment
</header>
<text>
The Board shall consist of 11 members to be appointed
as follows:
</text>
<paragraph id="H4580F20C1C8E45039B030191071B066B">
<enum>
(1)
</enum>
<text>
3 members shall be
appointed by the President.
</text>
</paragraph>
<paragraph id="H96488BF78AF841DA872F203A66084654">
<enum>
(2)
</enum>
<text>
3 members shall be
appointed by the president pro tempore of the Senate.
</text>
</paragraph>
<paragraph id="H3D0F38CD4E1F4787BECC5A503D664A85">
<enum>
(3)
</enum>
<text>
1 member shall be
appointed by the minority leader of the Senate.
</text>
</paragraph>
<paragraph id="HD9DA840F9E6E488899CCBEEEBCAC7A21">
<enum>
(4)
</enum>
<text>
3 members shall be
appointed by the Speaker of the House of Representatives.
</text>
</paragraph>
<paragraph id="H6D6FFAD6BDB54DBC87483DD3483DB7B4">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
1 member shall be appointed by the minority
leader of the House of Representatives.
</text>
</paragraph>
<continuation-text continuation-text-level="subsection">
In
addition to the members appointed under paragraphs (1) through (5), the
Administrator shall be an ex officio, nonvoting member of the Board.
</continuation-text>
</subsection>
<subsection id="H2A55EFFE11A340479175B81BD529F3FD">
<enum>
(c)
</enum>
<header>
Qualifications
</header>
<text display-inline="yes-display-inline">
The persons appointed as members of the
Board shall be—
</text>
<paragraph id="H25692E2E890E443BBA8FD8751585006B">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
former astronauts or scientists or
engineers eminent in the fields of human spaceflight, planetary science, space
science, Earth science, and aeronautics, or other scientific, engineering,
business, and social science disciplines related to space and
aeronautics;
</text>
</paragraph>
<paragraph id="HA306E4BA54E44FB4BADC1B1490925D9B">
<enum>
(2)
</enum>
<text>
selected on the
basis of established records of distinguished service; and
</text>
</paragraph>
<paragraph id="HE58E58A6109A46BBA4FB4DF8AAEE7F52">
<enum>
(3)
</enum>
<text>
so selected as to
provide representation of the views of engineering, science, and aerospace
leaders in all areas of the Nation.
</text>
</paragraph>
</subsection>
<subsection id="H3810104BB2314F7491AC2056D95C9C79">
<enum>
(d)
</enum>
<header>
Limitation on
members
</header>
<text display-inline="yes-display-inline">
An individual
employed by or representing an organization with which the Administration has a
contract is not eligible to serve on the Board, except for scientists employed
by or representing colleges, universities, and other not-for-profit
organizations. Any such scientists serving on the Board shall not directly work
on a study, project, or program that receives funding through a grant from or
contract with the Administration, and shall recuse themselves from any Board
consideration of programs affecting their place of employment. Additionally, a
former Board member may not take employment with or represent an organization
with which the Administration has a contract, or which is seeking such a
contract, for a period of 2 years following completion of service on the
Board.
</text>
</subsection>
<subsection id="HD7CD246202B94ACCB76619C10E6A5E05">
<enum>
(e)
</enum>
<header>
Terms
</header>
<text>
The
term of office of each member of the Board shall be 3 years, except that any
member appointed to fill a vacancy occurring prior to the expiration of the
term for which his predecessor was appointed shall be appointed for the
remainder of such term. Any person who has been a member of the Board for 12
consecutive years shall thereafter be ineligible for appointment during the
2-year period following the expiration of such 12th year.
</text>
</subsection>
<subsection id="H2B48711E1A3E4831ADA10662D9255DFE">
<enum>
(f)
</enum>
<header>
Meetings
</header>
<text>
The
Board shall meet quarterly and at such other times as the Chairman may
determine, but the Chairman shall also call a meeting whenever one-third of the
members so request in writing. The Board shall adopt procedures governing the
conduct of its meetings, including delivery of notice and a definition of a
quorum, which in no case shall be less than one-half plus one of the members of
the Board.
</text>
</subsection>
<subsection id="H04C4A78B887741439715CD16C8F4E158">
<enum>
(g)
</enum>
<header>
Chairman and
Vice Chairman
</header>
<text>
The election of the Chairman and Vice Chairman of
the Board shall take place at each first quarter meeting occurring in an
even-numbered year. The Vice Chairman shall perform the duties of the Chairman
in his absence. In case a vacancy occurs in the chairmanship or vice
chairmanship, the Board shall elect a member to fill such vacancy.
</text>
</subsection>
<subsection id="HBE97124BA1F647F09BD943E5C1ABB338">
<enum>
(h)
</enum>
<header>
Staff
</header>
<text>
The
Board may, with the concurrence of a majority of its members, permit the
appointment of a staff consisting of professional staff members, technical and
professional personnel on leave of absence from academic, industrial, or
research institutions for a limited term, and such operations and support staff
members as may be necessary. Such staff shall be appointed by the Chairman and
assigned at the direction of the Board. The professional members and limited
term technical and professional personnel of such staff may be appointed
without regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions of chapter 51 of
such title relating to classification, and shall be compensated at a rate not
exceeding the maximum rate payable under section 5376 of such title, as may be
necessary to provide for the performance of such duties as may be prescribed by
the Board in connection with the exercise of its powers and functions under
this section.
</text>
</subsection>
<subsection id="H586510D13BDC45D9B1A1E846D6522CF7">
<enum>
(i)
</enum>
<header>
Committees
</header>
<text>
The
Board is also authorized to appoint from among its members such committees as
it deems necessary, and to assign to committees so appointed such survey and
advisory functions as the Board deems appropriate to assist it in exercising
its powers and functions under this section.
</text>
</subsection>
<subsection id="H72FCA2BB11984F56BA805A207918E6BE">
<enum>
(j)
</enum>
<header>
Functions
</header>
<paragraph commented="no" display-inline="no-display-inline" id="H04AACA200B4440438FF175FD3F1D1CCB">
<enum>
(1)
</enum>
<header>
Budget
proposal
</header>
<text display-inline="yes-display-inline">
Not later than
November 15 of each year, the Board shall provide to the President, and to the
Committee on Appropriations and the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Appropriations and the
Committee on Commerce, Science, and Transportation of the Senate, a proposed
budget for the National Aeronautics and Space Administration for the next
fiscal year. Such budget shall—
</text>
<subparagraph id="H0C73F51901324C469AA608C27B236683">
<enum>
(A)
</enum>
<text>
carry out the
purpose described in section 20102(h);
</text>
</subparagraph>
<subparagraph id="H3BFBA4E4D9464A1898B3243AD27D8F4D">
<enum>
(B)
</enum>
<text>
be based
on—
</text>
<clause id="HEDDE2A60430548E492A9B7103E7AB3CA">
<enum>
(i)
</enum>
<text>
the best
professional judgement of the Board;
</text>
</clause>
<clause id="HEFD0477881A948ADAAB8481F215624E5">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
recommendations from the scientific,
engineering, and other technical experts communities; and
</text>
</clause>
<clause id="H18130A1103614A62801D3B122FA6B939">
<enum>
(iii)
</enum>
<text>
the
recommendations of the most recent National Research Council decadal surveys;
and
</text>
</clause>
</subparagraph>
<subparagraph id="H04EFA2064B344EC5AE3CA61C46D0117A">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
follow such decadal surveys’ recommended
decision rules regarding program implementation, including a strict adherence
to the recommendation that the National Aeronautics and Space Administration
include in a balanced program a flagship class mission, which may be executed
in cooperation with one or more international partners.
</text>
</subparagraph>
</paragraph>
<paragraph display-inline="no-display-inline" id="H93CE56CC511D49BA9E2E66F52ED12D49">
<enum>
(2)
</enum>
<header>
Nominees for
Administrator, Deputy Administrator, and Chief Financial
Officer
</header>
<text>
The Board shall provide to the President—
</text>
<subparagraph id="HF6970B7044EB46869D892EDA37B1F1E9">
<enum>
(A)
</enum>
<text>
a list of 3
nominees from which the President may appoint an Administrator pursuant to
section 20111(a);
</text>
</subparagraph>
<subparagraph id="H6992D5C259904C19BA75D27ABC51E11B">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
a list of 3 nominees from which the
President may appoint a Deputy Administrator pursuant to section 20111(b)
and
</text>
</subparagraph>
<subparagraph id="H067F6D1A630948218D4928EC3A5E75AD">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
a list of 3 nominees from which the
President may appoint a Chief Financial Officer pursuant to section 205(a) of
the Chief Financial Officers Act (
<external-xref legal-doc="usc" parsable-cite="usc/31/901">
31 U.S.C. 901(a)
</external-xref>
).
</text>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
The Board
shall provide the first set of nominees under this paragraph not later than 15
months after the date of enactment of the
<short-title>
Space Leadership Preservation Act of
2013
</short-title>
.
</continuation-text>
</paragraph>
<paragraph id="HDDA792E0CBA14715A9FB3DD8BB6A6DA5">
<enum>
(3)
</enum>
<header>
Reports
</header>
<subparagraph id="H8DE3E40A406B493FAE2DEFCF25832489">
<enum>
(A)
</enum>
<header>
Annual
infrastructure, capabilities, and workforce assessment
</header>
<text display-inline="yes-display-inline">
The Board shall provide to the President
and the Congress annually a report assessing the status of United States
spaceflight infrastructure, unique space capabilities, and the health of the
United States workforce necessary to maintain such infrastructure and
capabilities. The assessment shall also identify areas of concern, gaps in
capability compared to foreign spaceflight capabilities, and recommendations on
how to strengthen or improve United States capabilities and workforce.
</text>
</subparagraph>
<subparagraph id="HBA62ED90850A4924B2C9832A3C0979E3">
<enum>
(B)
</enum>
<header>
Specific policy
matter reports
</header>
<text display-inline="yes-display-inline">
The Board
shall provide to the President and the Congress reports on specific, individual
policy matters within the authority of the Administration (or otherwise as
requested by the Congress or the President) related to human space flight,
planetary science, earth science, aeronautics, and science, technology,
engineering, and mathematics education, as the Board, the President, or the
Congress determines the need for such reports.
</text>
</subparagraph>
</paragraph>
<paragraph id="H9E50F4154A374E279042449764F3E8C8">
<enum>
(4)
</enum>
<header>
Quadrennial
review
</header>
<text display-inline="yes-display-inline">
The Board shall
provide to the President and the Congress, not later than the later of 180 days
after the establishment of the Board or the third quarterly meeting of the
Board, and once every 4 years thereafter, a quadrennial review of current space
programs and a vision for future space exploration.
</text>
</paragraph>
<paragraph id="H703B62B791B5422CA17681839ED6C119">
<enum>
(5)
</enum>
<header>
Removal for
cause
</header>
<text display-inline="yes-display-inline">
The Board may provide
to the President and the Congress a report recommending the removal of the
Administrator, the Deputy Administrator, or the Chief Financial Officer for
cause. Any such report shall include the reasons for such
recommendation.
</text>
</paragraph>
</subsection>
<subsection id="H2F8AC879718641FC931B27D53187A99A">
<enum>
(k)
</enum>
<header>
Budget
meetings
</header>
<text>
Portions of Board meetings in which the Board considers
the budget proposal required under subsection (j)(1) for a particular fiscal
year may be closed to the public until the Board submits the proposal to the
President and the Congress.
</text>
</subsection>
<subsection id="H577109BFE62D49E6978EC7B7B6CDEBF9">
<enum>
(l)
</enum>
<header>
Financial
disclosure
</header>
<text>
Members of the Board shall be required to file a
financial disclosure report under title II of the Ethics in Government Act of
1978 (5 U.S.C. App. 92 Stat. 1836), except that such reports shall be held
confidential and exempt from any law otherwise requiring their public
disclosure.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H2D5EE5E33693485DB813F9009F57696C">
<enum>
(b)
</enum>
<header>
Table of
sections
</header>
<text display-inline="yes-display-inline">
The table of
sections for
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/51/201">
chapter 201
</external-xref>
of title 51, United States Code, is amended by adding
at the end of the items for subchapter II the following new item:
</text>
<quoted-block display-inline="no-display-inline" id="H7D5570A76958472CA3C591BAC3300BEB" style="USC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
20118. Board of
Directors.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HF96F24247B684947B5A9E6E4E87393D7">
<enum>
5.
</enum>
<header>
Budget
proposal
</header>
<text display-inline="no-display-inline">
Section 30103 of
title 51, United States Code, is amended by adding at the end the following new
subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H88929E3F62E945DC82B6A7351E5B7B09" style="USC">
<subsection id="H36F06AAEB6044DF7A16734DA6FD1FD8E">
<enum>
(e)
</enum>
<header>
Board of
Directors proposal
</header>
<paragraph id="H4706BA8E12F340998123CBCF2AE0489C">
<enum>
(1)
</enum>
<header>
Inclusion in
President’s proposed budget
</header>
<text display-inline="yes-display-inline">
The proposed budget for the Administration
submitted to the Congress by the President for each fiscal year shall include a
description of, and a detailed justification for, any differences between the
President’s proposed budget and the budget provided by the Board of Directors
under section 20118(j)(1).
</text>
</paragraph>
<paragraph id="H4AB494454EAC4FE6BDE94163D31E951F">
<enum>
(2)
</enum>
<header>
Elements of
budget proposal
</header>
<text display-inline="yes-display-inline">
Subsections
(a) through (d) of this section shall apply to the proposed budget provided by
the Board of Directors under section
20118(j)(1).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H0CB81BBF9AD84F7D8B4032E0698682D6">
<enum>
6.
</enum>
<header>
Long term
contracting
</header>
<subsection id="H133058C44D754162B4075077C586DF00">
<enum>
(a)
</enum>
<header>
Amendments
</header>
<text display-inline="yes-display-inline">
<external-xref legal-doc="usc" parsable-cite="usc/51/20142">
Section 20142
</external-xref>
of title 51, United States
Code, is amended—
</text>
<paragraph id="HF99D7EE4052E42ED91B2F3D345BD77AD">
<enum>
(1)
</enum>
<text>
in the section
heading, by striking
<quote>
<header-in-text level="section" style="USC">
Contracts regarding expendable launch
vehicles
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="USC">
Long term
contracting
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="H04398A75E1694FB2974CE50E16BEFD62">
<enum>
(2)
</enum>
<text>
in subsection (a),
by—
</text>
<subparagraph id="H9A36A351BC3245B3B7E65720AFEE72D6">
<enum>
(A)
</enum>
<text>
striking
<quote>
expendable launch vehicle services
</quote>
and inserting
<quote>
rocket
propulsion systems and manned and unmanned space transportation vehicles and
payloads, including expendable launch vehicles, and any other infrastructure
intended for placement or operation in space or on celestial bodies, and
services related thereto,
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H7B0AB0D9F8134D808E9D27F2BB68E660">
<enum>
(B)
</enum>
<text>
striking
<quote>
related to launch
</quote>
and inserting
<quote>
related to
</quote>
;
and
</text>
</subparagraph>
</paragraph>
<paragraph id="H6B68E5B212FB4C50A68AAF279B28DD4F">
<enum>
(3)
</enum>
<text>
in subsection (b),
by striking
<quote>
launch services
</quote>
and inserting
<quote>
the goods and
services to have been provided under the contract
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HCD820811578E4338A55080E259C6BCC4">
<enum>
(b)
</enum>
<header>
Table of
sections amendment
</header>
<text display-inline="yes-display-inline">
The item
relating to section 20142 in the table of sections for
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/51/201">
chapter 201
</external-xref>
of title 51,
United States Code, is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H7D42F0E9EC704FD3BF20F50087D61CE7" style="USC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
20142. Long term
contracting.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 823 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Culberson (for himself, Mr. Wolf , Mr. Gene Green of Texas , Mr. Posey , and Mr. Olson ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To preserve American space leadership, and for other purposes.
1. Short title This Act may be cited as the Space Leadership Preservation Act of 2013 . 2. Purpose The purpose of this Act is to ensure that the American space program will always be the best in the world, and to ensure that America will always be able to preserve and protect our leadership in the exploration of outer space, the high ground of the future. Congress is hopeful that by restructuring NASA we can make the Agency less political and more professional so that visionary NASA scientists, engineers, and astronauts will continue to inspire future generations by their continuing mission: to explore strange new worlds, to seek out new life, to boldly go where no one has gone before. 3. Administrator and Deputy Administrator Section 20111 of title 51, United States Code, is amended— (1) in subsection (a)— (A) by striking Administrator.— There is established and inserting Administrator.— (1) In general There is established ; (B) in paragraph (1), as so designated by subparagraph (A) of this paragraph, by inserting The Administrator shall serve for a term of 6 years. after and activities thereof. ; and (C) by adding at the end the following new paragraph: (2) Board of directors nominations The President may appoint the Administrator under paragraph (1) from among the list of nominees provided by the Board of Directors pursuant to section 20118(j)(2)(A). ; and (2) in subsection (b)— (A) by striking Administrator.— There shall be and inserting Administrator.— (1) In general There shall be ; (B) in paragraph (1), as so designated by subparagraph (A) of this paragraph, by inserting The Deputy Administrator shall not act for, and exercise the powers of, the Administrator for a period in excess of 45 days. After 45 days, the Associate Administrator shall exercise the powers of Administrator until a new Administrator is appointed and confirmed by the Senate. after absence or disability. ; and (C) by adding at the end the following new paragraph: (2) Board of directors nominations The President may appoint the Deputy Administrator under paragraph (1) from among the list of nominees provided by the Board of Directors pursuant to section 20118(j)(2)(B). . 4. Board of Directors (a) Establishment Subchapter II of chapter 201 of title 51, United States Code, is amended by adding at the end the following new section: 20118. Board of Directors (a) Establishment There shall be established a Board of Directors for the National Aeronautics and Space Administration in accordance with this section, not later than 9 months after the date of enactment of the Space Leadership Preservation Act of 2013 . (b) Membership and appointment The Board shall consist of 11 members to be appointed as follows: (1) 3 members shall be appointed by the President. (2) 3 members shall be appointed by the president pro tempore of the Senate. (3) 1 member shall be appointed by the minority leader of the Senate. (4) 3 members shall be appointed by the Speaker of the House of Representatives. (5) 1 member shall be appointed by the minority leader of the House of Representatives. In addition to the members appointed under paragraphs (1) through (5), the Administrator shall be an ex officio, nonvoting member of the Board. (c) Qualifications The persons appointed as members of the Board shall be— (1) former astronauts or scientists or engineers eminent in the fields of human spaceflight, planetary science, space science, Earth science, and aeronautics, or other scientific, engineering, business, and social science disciplines related to space and aeronautics; (2) selected on the basis of established records of distinguished service; and (3) so selected as to provide representation of the views of engineering, science, and aerospace leaders in all areas of the Nation. (d) Limitation on members An individual employed by or representing an organization with which the Administration has a contract is not eligible to serve on the Board, except for scientists employed by or representing colleges, universities, and other not-for-profit organizations. Any such scientists serving on the Board shall not directly work on a study, project, or program that receives funding through a grant from or contract with the Administration, and shall recuse themselves from any Board consideration of programs affecting their place of employment. Additionally, a former Board member may not take employment with or represent an organization with which the Administration has a contract, or which is seeking such a contract, for a period of 2 years following completion of service on the Board. (e) Terms The term of office of each member of the Board shall be 3 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Any person who has been a member of the Board for 12 consecutive years shall thereafter be ineligible for appointment during the 2-year period following the expiration of such 12th year. (f) Meetings The Board shall meet quarterly and at such other times as the Chairman may determine, but the Chairman shall also call a meeting whenever one-third of the members so request in writing. The Board shall adopt procedures governing the conduct of its meetings, including delivery of notice and a definition of a quorum, which in no case shall be less than one-half plus one of the members of the Board. (g) Chairman and Vice Chairman The election of the Chairman and Vice Chairman of the Board shall take place at each first quarter meeting occurring in an even-numbered year. The Vice Chairman shall perform the duties of the Chairman in his absence. In case a vacancy occurs in the chairmanship or vice chairmanship, the Board shall elect a member to fill such vacancy. (h) Staff The Board may, with the concurrence of a majority of its members, permit the appointment of a staff consisting of professional staff members, technical and professional personnel on leave of absence from academic, industrial, or research institutions for a limited term, and such operations and support staff members as may be necessary. Such staff shall be appointed by the Chairman and assigned at the direction of the Board. The professional members and limited term technical and professional personnel of such staff may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 of such title relating to classification, and shall be compensated at a rate not exceeding the maximum rate payable under section 5376 of such title, as may be necessary to provide for the performance of such duties as may be prescribed by the Board in connection with the exercise of its powers and functions under this section. (i) Committees The Board is also authorized to appoint from among its members such committees as it deems necessary, and to assign to committees so appointed such survey and advisory functions as the Board deems appropriate to assist it in exercising its powers and functions under this section. (j) Functions (1) Budget proposal Not later than November 15 of each year, the Board shall provide to the President, and to the Committee on Appropriations and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate, a proposed budget for the National Aeronautics and Space Administration for the next fiscal year. Such budget shall— (A) carry out the purpose described in section 20102(h); (B) be based on— (i) the best professional judgement of the Board; (ii) recommendations from the scientific, engineering, and other technical experts communities; and (iii) the recommendations of the most recent National Research Council decadal surveys; and (C) follow such decadal surveys’ recommended decision rules regarding program implementation, including a strict adherence to the recommendation that the National Aeronautics and Space Administration include in a balanced program a flagship class mission, which may be executed in cooperation with one or more international partners. (2) Nominees for Administrator, Deputy Administrator, and Chief Financial Officer The Board shall provide to the President— (A) a list of 3 nominees from which the President may appoint an Administrator pursuant to section 20111(a); (B) a list of 3 nominees from which the President may appoint a Deputy Administrator pursuant to section 20111(b) and (C) a list of 3 nominees from which the President may appoint a Chief Financial Officer pursuant to section 205(a) of the Chief Financial Officers Act ( 31 U.S.C. 901(a) ). The Board shall provide the first set of nominees under this paragraph not later than 15 months after the date of enactment of the Space Leadership Preservation Act of 2013 . (3) Reports (A) Annual infrastructure, capabilities, and workforce assessment The Board shall provide to the President and the Congress annually a report assessing the status of United States spaceflight infrastructure, unique space capabilities, and the health of the United States workforce necessary to maintain such infrastructure and capabilities. The assessment shall also identify areas of concern, gaps in capability compared to foreign spaceflight capabilities, and recommendations on how to strengthen or improve United States capabilities and workforce. (B) Specific policy matter reports The Board shall provide to the President and the Congress reports on specific, individual policy matters within the authority of the Administration (or otherwise as requested by the Congress or the President) related to human space flight, planetary science, earth science, aeronautics, and science, technology, engineering, and mathematics education, as the Board, the President, or the Congress determines the need for such reports. (4) Quadrennial review The Board shall provide to the President and the Congress, not later than the later of 180 days after the establishment of the Board or the third quarterly meeting of the Board, and once every 4 years thereafter, a quadrennial review of current space programs and a vision for future space exploration. (5) Removal for cause The Board may provide to the President and the Congress a report recommending the removal of the Administrator, the Deputy Administrator, or the Chief Financial Officer for cause. Any such report shall include the reasons for such recommendation. (k) Budget meetings Portions of Board meetings in which the Board considers the budget proposal required under subsection (j)(1) for a particular fiscal year may be closed to the public until the Board submits the proposal to the President and the Congress. (l) Financial disclosure Members of the Board shall be required to file a financial disclosure report under title II of the Ethics in Government Act of 1978 (5 U.S.C. App. 92 Stat. 1836), except that such reports shall be held confidential and exempt from any law otherwise requiring their public disclosure. . (b) Table of sections The table of sections for chapter 201 of title 51, United States Code, is amended by adding at the end of the items for subchapter II the following new item: 20118. Board of Directors. . 5. Budget proposal Section 30103 of title 51, United States Code, is amended by adding at the end the following new subsection: (e) Board of Directors proposal (1) Inclusion in President’s proposed budget The proposed budget for the Administration submitted to the Congress by the President for each fiscal year shall include a description of, and a detailed justification for, any differences between the President’s proposed budget and the budget provided by the Board of Directors under section 20118(j)(1). (2) Elements of budget proposal Subsections (a) through (d) of this section shall apply to the proposed budget provided by the Board of Directors under section 20118(j)(1). . 6. Long term contracting (a) Amendments Section 20142 of title 51, United States Code, is amended— (1) in the section heading, by striking Contracts regarding expendable launch vehicles and inserting Long term contracting ; (2) in subsection (a), by— (A) striking expendable launch vehicle services and inserting rocket propulsion systems and manned and unmanned space transportation vehicles and payloads, including expendable launch vehicles, and any other infrastructure intended for placement or operation in space or on celestial bodies, and services related thereto, ; and (B) striking related to launch and inserting related to ; and (3) in subsection (b), by striking launch services and inserting the goods and services to have been provided under the contract . (b) Table of sections amendment The item relating to section 20142 in the table of sections for chapter 201 of title 51, United States Code, is amended to read as follows: 20142. Long term contracting. . |
113-hr-824-ih-dtd | 113-hr-824 | 113 | hr | 824 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr824ih.xml | BILLS-113hr824ih.xml | 2023-01-08 17:37:43.506 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HC6A16328AD084132B2871BD346C834A8" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 824 IH: Federal Workforce Reduction Through Attrition Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 824
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="L000571">
Mrs. Lummis
</sponsor>
(for
herself and
<cosponsor name-id="M001182">
Mr. Mulvaney
</cosponsor>
) introduced
the following bill; which was referred to the
<committee-name committee-id="HGO00">
Committee on Oversight and Government
Reform
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To reduce the total number of civil service employees in
the executive branch of the Government through attrition, and for other
purposes.
</official-title>
</form>
<legis-body id="HF6546D3A3B014762BB54E1711D85619F" style="OLC">
<section id="HE001780941FA497FA11DDDC14E18C404" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Federal Workforce Reduction Through
Attrition Act
</short-title>
</quote>
.
</text>
</section>
<section id="H9EBB2C89CFD1402492A75FB05E8C271D">
<enum>
2.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
For purposes of this Act—
</text>
<paragraph id="HCF70525057584557A5990460C592E0D9">
<enum>
(1)
</enum>
<text>
the term
<term>
total number of Federal employees
</term>
means the total number of
Federal employees in all agencies;
</text>
</paragraph>
<paragraph id="HF5F3B37E1E514BDFA447529953E2C763">
<enum>
(2)
</enum>
<text>
the term
<term>
Federal employee
</term>
means an employee as defined by section 2105 of
title 5, United States Code;
</text>
</paragraph>
<paragraph id="H26AE826295D94A86A6358932DB7A3895">
<enum>
(3)
</enum>
<text>
the term
<term>
agency
</term>
means an executive agency as defined by section 105 of
title 5, United States Code, excluding the Government Accountability
Office;
</text>
</paragraph>
<paragraph id="H991114CBFDDE46A1A4FED5E1752F4D94">
<enum>
(4)
</enum>
<text>
the term
<term>
quarter
</term>
means a period of 3 calendar months ending on March 31,
June 30, September 30, or December 31; and
</text>
</paragraph>
<paragraph id="H43A887C1C5E9452F8A71AE33DF043465">
<enum>
(5)
</enum>
<text>
the term
<term>
baseline quarter
</term>
means the quarter in which occurs the date of the
enactment of this Act.
</text>
</paragraph>
</section>
<section id="H9D631FA9BD234D27BF4599A48D7B573D">
<enum>
3.
</enum>
<header>
Workforce limits
and reductions
</header>
<subsection id="HBF251BEDF9D24CD99924D6490955DA0E">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The President,
through the Office of Management and Budget (in consultation with the Office of
Personnel Management), shall take appropriate measures to ensure that,
effective with respect to each quarter beginning after the date of the
enactment of this Act, the total number of Federal employees determined for
such quarter does not exceed the applicable maximum for such quarter.
</text>
</subsection>
<subsection id="H46B1CC5BDA8A4F8784869F7BEAAE7B62">
<enum>
(b)
</enum>
<header>
Applicable
maximum
</header>
<text>
For purposes of this Act, the
<quote>
applicable
maximum
</quote>
for a quarter is—
</text>
<paragraph id="HFC92025A54104BCB9A5EA8AFAC2BB18D">
<enum>
(1)
</enum>
<text>
in the case of a
quarter before the target-attainment quarter, the number equal to—
</text>
<subparagraph id="H73BCD6677EE64AF9AE523AA9A4A1ED21">
<enum>
(A)
</enum>
<text>
the total number
of Federal employees determined for the baseline quarter, reduced by
</text>
</subparagraph>
<subparagraph id="H7576C3ACC75E430ABD5CA93196DC3DD0">
<enum>
(B)
</enum>
<text>
<fraction>
2/3
</fraction>
of the number of Federal employees separating from agencies during the
period—
</text>
<clause id="H7E50F500165B43FC8A4EE59CCDBDF76E">
<enum>
(i)
</enum>
<text>
beginning on the
first day following the baseline quarter; and
</text>
</clause>
<clause id="H14FED0606C844300BCCF5B0C837363D3">
<enum>
(ii)
</enum>
<text>
ending on the
last day of the quarter to which the applicable maximum is being applied;
and
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HEB94D0413D064E41B322D73098F0A1C5">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in the case of the target-attainment
quarter and any subsequent quarter, the number equal to 90 percent of the total
number of Federal employees as of September 30, 2012.
</text>
</paragraph>
</subsection>
<subsection id="HE78ACD48924B4C59B7C8A09B8C3C61E8">
<enum>
(c)
</enum>
<header>
Target-Attainment
quarter
</header>
<text>
For purposes of this Act, the term
<term>
target-attainment quarter
</term>
means the earlier of—
</text>
<paragraph id="H8BBBF36BF9784E5095F72DD57A749CB8">
<enum>
(1)
</enum>
<text>
the first quarter
(subsequent to the baseline quarter) for which the total number of Federal
employees does not exceed 90 percent of the total number of Federal employees
as of September 30, 2012; or
</text>
</paragraph>
<paragraph id="H1F4933712CB24DB49EB40381C2AB41FF">
<enum>
(2)
</enum>
<text>
the quarter ending
on September 30, 2015.
</text>
</paragraph>
</subsection>
<subsection id="HCC3438771E9342D796849BC988D07F0F">
<enum>
(d)
</enum>
<header>
Method for
achieving compliance
</header>
<paragraph id="HB25F394C503E422B89EF99CDA9EF9F1A">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Except as provided in
paragraph (2), any reductions necessary in order to achieve compliance with
subsection (a) shall be made through attrition.
</text>
</paragraph>
<paragraph id="HB2100655F8434F7F8CE4E8F8122A9006">
<enum>
(2)
</enum>
<header>
Exception
</header>
<text>
If,
for any quarter, the total number of Federal employees exceeds the applicable
maximum for such quarter, then, until the first succeeding quarter for which
such total number is determined not to exceed the applicable maximum for such
succeeding quarter, reductions shall be made through both attrition and a
freeze on appointments.
</text>
</paragraph>
</subsection>
<subsection id="H98B22B2DEDC041D79A67F23143A9A966">
<enum>
(e)
</enum>
<header>
Counting
rules
</header>
<text>
For purposes of this Act—
</text>
<paragraph id="H8382E60B0F6C46CBAD9F336733482510">
<enum>
(1)
</enum>
<text>
any determination
of the total number of Federal employees or the number of Federal employees
separating from agencies shall be made—
</text>
<subparagraph id="H3F25DC2AD9C44C488623E9A5A1F0958D">
<enum>
(A)
</enum>
<text>
on a full-time
equivalent basis; and
</text>
</subparagraph>
<subparagraph id="HCD9FB3895BEA4380940B8EB6FEBAFAEE">
<enum>
(B)
</enum>
<text>
under section 4;
and
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HE6D0C4516D1C46A6B6B63F10D2C6CF1C">
<enum>
(2)
</enum>
<text>
any determination
of the total number of Federal employees for a quarter shall be made as of such
date or otherwise on such basis as the Office of Management of Budget (in
consultation with the Office of Personnel Management) considers to be
representative and feasible.
</text>
</paragraph>
</subsection>
<subsection id="HFDC9FC5B32244661A22364D253C6C5F6">
<enum>
(f)
</enum>
<header>
Waiver
authority
</header>
<text>
The President may waive any of the preceding provisions
of this section, with respect to an individual appointment, upon a
determination by the President that such appointment is necessary due
to—
</text>
<paragraph id="H8A7F96796A6A4E12BEC029C75DE079C4">
<enum>
(1)
</enum>
<text>
a
state of war or for reasons of national security; or
</text>
</paragraph>
<paragraph id="H6E68B1B0ED3F40A08D484BE5737B695B">
<enum>
(2)
</enum>
<text>
an extraordinary
emergency threatening life, health, safety, or property.
</text>
</paragraph>
</subsection>
<subsection id="H4ACEF8632ACA429AAB0956A9EEFBFD8E">
<enum>
(g)
</enum>
<header>
Limitation on
procurement of service contracts
</header>
<text display-inline="yes-display-inline">
The President, through the Office of
Management and Budget (in consultation with the Office of Personnel
Management), shall take appropriate measures to ensure that there is no
increase in the procurement of service contracts by reason of the enactment of
this Act, except in cases in which a cost comparison demonstrates that such
contracts would be to the financial advantage of the Government.
</text>
</subsection>
</section>
<section id="HD1837BCE8ACD48EE8A7C6B91063DCD1D">
<enum>
4.
</enum>
<header>
Monitoring and
notification
</header>
<text display-inline="no-display-inline">
The Office of
Management and Budget (in consultation with the Office of Personnel Management)
shall—
</text>
<paragraph id="H1158C17A2C334A759A2F16CD4F16CACC">
<enum>
(1)
</enum>
<text>
continuously
monitor all agencies and, for each quarter to which the requirements of section
3(a) apply, determine whether or not such requirements have been met;
and
</text>
</paragraph>
<paragraph id="H5CF81CBFE02142E5B4EE9F9C57A5EB41">
<enum>
(2)
</enum>
<text>
not later than 14
days after the end of each quarter described in paragraph (1), submit to the
President and each House of Congress, a written determination as to whether or
not the requirements of section 3(a) have been met.
</text>
</paragraph>
</section>
<section id="HFACF1F2503E04A97B0D19C7655E8CCD8">
<enum>
5.
</enum>
<header>
Regulations
</header>
<text display-inline="no-display-inline">
Any regulations necessary to carry out this
Act may be prescribed by the President or his designee.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 824 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mrs. Lummis (for herself and Mr. Mulvaney ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To reduce the total number of civil service employees in the executive branch of the Government through attrition, and for other purposes.
1. Short title This Act may be cited as the Federal Workforce Reduction Through Attrition Act . 2. Definitions For purposes of this Act— (1) the term total number of Federal employees means the total number of Federal employees in all agencies; (2) the term Federal employee means an employee as defined by section 2105 of title 5, United States Code; (3) the term agency means an executive agency as defined by section 105 of title 5, United States Code, excluding the Government Accountability Office; (4) the term quarter means a period of 3 calendar months ending on March 31, June 30, September 30, or December 31; and (5) the term baseline quarter means the quarter in which occurs the date of the enactment of this Act. 3. Workforce limits and reductions (a) In general The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that, effective with respect to each quarter beginning after the date of the enactment of this Act, the total number of Federal employees determined for such quarter does not exceed the applicable maximum for such quarter. (b) Applicable maximum For purposes of this Act, the applicable maximum for a quarter is— (1) in the case of a quarter before the target-attainment quarter, the number equal to— (A) the total number of Federal employees determined for the baseline quarter, reduced by (B) 2/3 of the number of Federal employees separating from agencies during the period— (i) beginning on the first day following the baseline quarter; and (ii) ending on the last day of the quarter to which the applicable maximum is being applied; and (2) in the case of the target-attainment quarter and any subsequent quarter, the number equal to 90 percent of the total number of Federal employees as of September 30, 2012. (c) Target-Attainment quarter For purposes of this Act, the term target-attainment quarter means the earlier of— (1) the first quarter (subsequent to the baseline quarter) for which the total number of Federal employees does not exceed 90 percent of the total number of Federal employees as of September 30, 2012; or (2) the quarter ending on September 30, 2015. (d) Method for achieving compliance (1) In general Except as provided in paragraph (2), any reductions necessary in order to achieve compliance with subsection (a) shall be made through attrition. (2) Exception If, for any quarter, the total number of Federal employees exceeds the applicable maximum for such quarter, then, until the first succeeding quarter for which such total number is determined not to exceed the applicable maximum for such succeeding quarter, reductions shall be made through both attrition and a freeze on appointments. (e) Counting rules For purposes of this Act— (1) any determination of the total number of Federal employees or the number of Federal employees separating from agencies shall be made— (A) on a full-time equivalent basis; and (B) under section 4; and (2) any determination of the total number of Federal employees for a quarter shall be made as of such date or otherwise on such basis as the Office of Management of Budget (in consultation with the Office of Personnel Management) considers to be representative and feasible. (f) Waiver authority The President may waive any of the preceding provisions of this section, with respect to an individual appointment, upon a determination by the President that such appointment is necessary due to— (1) a state of war or for reasons of national security; or (2) an extraordinary emergency threatening life, health, safety, or property. (g) Limitation on procurement of service contracts The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that there is no increase in the procurement of service contracts by reason of the enactment of this Act, except in cases in which a cost comparison demonstrates that such contracts would be to the financial advantage of the Government. 4. Monitoring and notification The Office of Management and Budget (in consultation with the Office of Personnel Management) shall— (1) continuously monitor all agencies and, for each quarter to which the requirements of section 3(a) apply, determine whether or not such requirements have been met; and (2) not later than 14 days after the end of each quarter described in paragraph (1), submit to the President and each House of Congress, a written determination as to whether or not the requirements of section 3(a) have been met. 5. Regulations Any regulations necessary to carry out this Act may be prescribed by the President or his designee. |
113-hr-825-ih-dtd | 113-hr-825 | 113 | hr | 825 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr825ih.xml | BILLS-113hr825ih.xml | 2023-01-08 17:37:42.549 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H3CF1148C9A674A57AE179CE971F3E671" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 825 IH: Vulnerable Veterans Housing Reform Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 825
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="H001055">
Mr. Heck of Nevada
</sponsor>
(for himself,
<cosponsor name-id="R000577">
Mr. Ryan of Ohio
</cosponsor>
,
<cosponsor name-id="C001096">
Mr. Cramer
</cosponsor>
,
<cosponsor name-id="C001047">
Mrs. Capito
</cosponsor>
,
<cosponsor name-id="B001285">
Ms. Brownley of California
</cosponsor>
,
<cosponsor name-id="K000368">
Mrs. Kirkpatrick
</cosponsor>
,
<cosponsor name-id="R000586">
Mr. Renacci
</cosponsor>
,
<cosponsor name-id="B001279">
Mr. Barber
</cosponsor>
,
<cosponsor name-id="M001181">
Mr. Meehan
</cosponsor>
,
<cosponsor name-id="K000381">
Mr. Kilmer
</cosponsor>
,
<cosponsor name-id="G000562">
Mr. Gardner
</cosponsor>
, and
<cosponsor name-id="C001083">
Mr. Carney
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HBA00">
Committee
on Financial Services
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To exclude from consideration as income under the United
States Housing Act of 1937 payments of pension made under section 1521 of title
38, United States Code, to veterans who are in need of regular aid and
attendance.
</official-title>
</form>
<legis-body id="HE23C671D67A54E44911FB2937E1C59C1" style="OLC">
<section id="H9C0A03ED7D684DC4866F978BA1955FE9" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Vulnerable Veterans Housing Reform Act
of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HE9B478C7AE924F4EA1C304D9697C3EA8" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Exclusion from
income
</header>
<text display-inline="no-display-inline">
Paragraph (4) of
section 3(b) of the United States Housing Act of 1937 (
<external-xref legal-doc="usc" parsable-cite="usc/42/1437a">
42 U.S.C. 1437a(b)(4)
</external-xref>
)
is amended—
</text>
<paragraph id="H82D09040E1E0489E8F9612DBE043C551">
<enum>
(1)
</enum>
<text>
by striking
<quote>
and any amounts
</quote>
and inserting
<quote>
, any
amounts
</quote>
;
</text>
</paragraph>
<paragraph id="HE07168823B484586A9FB9E27675D694E">
<enum>
(2)
</enum>
<text>
by striking
<quote>
or any deferred
</quote>
and inserting
<quote>
, any deferred
</quote>
;
and
</text>
</paragraph>
<paragraph id="H52E6FAB95A414542844ADE13707903D4">
<enum>
(3)
</enum>
<text>
by inserting after
<quote>
prospective monthly amounts
</quote>
the following:
<quote>
, and any
expenses related to aid and attendance as detailed under section 1521 of title
38, United States Code
</quote>
.
</text>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 825 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Heck of Nevada (for himself, Mr. Ryan of Ohio , Mr. Cramer , Mrs. Capito , Ms. Brownley of California , Mrs. Kirkpatrick , Mr. Renacci , Mr. Barber , Mr. Meehan , Mr. Kilmer , Mr. Gardner , and Mr. Carney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To exclude from consideration as income under the United States Housing Act of 1937 payments of pension made under section 1521 of title 38, United States Code, to veterans who are in need of regular aid and attendance.
1. Short title This Act may be cited as the Vulnerable Veterans Housing Reform Act of 2013 . 2. Exclusion from income Paragraph (4) of section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(4) ) is amended— (1) by striking and any amounts and inserting , any amounts ; (2) by striking or any deferred and inserting , any deferred ; and (3) by inserting after prospective monthly amounts the following: , and any expenses related to aid and attendance as detailed under section 1521 of title 38, United States Code . |
113-hr-826-ih-dtd | 113-hr-826 | 113 | hr | 826 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr826ih.xml | BILLS-113hr826ih.xml | 2023-01-08 17:37:43.380 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H63665ABAE6ED42858617D106CC08D382" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 826 IH: Freedom to Fish Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 826
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="W000413">
Mr. Whitfield
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HPW00">
Committee on Transportation and Infrastructure
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To prohibit the Corps of Engineers from taking any action to establish a restricted area prohibiting public access to waters downstream of a dam, and for other purposes.
</official-title>
</form>
<legis-body id="H4B2679DE1D7E4ADAAA93EBEF934D581A" style="OLC">
<section id="H38E6613523F7485CB2978CD205BCC447" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Freedom to Fish Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HF92934B396374103A07E994DBF629966">
<enum>
2.
</enum>
<header>
Restricted areas at Corps of Engineers dams
</header>
<subsection id="H30962B9F17B84A299B04BB28C8B93BE0">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
The Secretary of the Army, acting through the Chief of Engineers, shall not take any action to establish a restricted area prohibiting public access to waters downstream of a dam owned by the Corps of Engineers.
</text>
</subsection>
<subsection id="H48C4701BBE824227B704F7860D517446">
<enum>
(b)
</enum>
<header>
Effective date
</header>
<paragraph id="H42D4C91DF4984788B9A104512EC115AC">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Subject to paragraph (2), this section shall apply to an action described in subsection (a) on or after August 1, 2012.
</text>
</paragraph>
<paragraph id="H1067BA0E9DAE4EF99F6FD82D9E4D1489">
<enum>
(2)
</enum>
<header>
Existing restrictions
</header>
<text>
If the Secretary of the Army, acting through the Chief of Engineers, has taken an action described in subsection (a) during the period beginning on August 1, 2012, and ending on the date of enactment of this Act, the Secretary shall—
</text>
<subparagraph id="HDB3D0747CE9249FFB0C0FBB415E7E298">
<enum>
(A)
</enum>
<text>
cease implementing the restricted area resulting from the action; and
</text>
</subparagraph>
<subparagraph id="HA93D6C2BEC9948CA97039F06D1EB1CB9">
<enum>
(B)
</enum>
<text>
remove any barriers constructed in connection with the restricted area.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 826 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Whitfield introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To prohibit the Corps of Engineers from taking any action to establish a restricted area prohibiting public access to waters downstream of a dam, and for other purposes.
1. Short title This Act may be cited as the Freedom to Fish Act of 2013 . 2. Restricted areas at Corps of Engineers dams (a) In general The Secretary of the Army, acting through the Chief of Engineers, shall not take any action to establish a restricted area prohibiting public access to waters downstream of a dam owned by the Corps of Engineers. (b) Effective date (1) In general Subject to paragraph (2), this section shall apply to an action described in subsection (a) on or after August 1, 2012. (2) Existing restrictions If the Secretary of the Army, acting through the Chief of Engineers, has taken an action described in subsection (a) during the period beginning on August 1, 2012, and ending on the date of enactment of this Act, the Secretary shall— (A) cease implementing the restricted area resulting from the action; and (B) remove any barriers constructed in connection with the restricted area. |
113-hr-827-ih-dtd | 113-hr-827 | 113 | hr | 827 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr827ih.xml | BILLS-113hr827ih.xml | 2023-01-08 17:37:42.436 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H3EA757F01FC94073824C5B31F3004EEF" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 827 IH: Improving Security for Investors and Providing Closure Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
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EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 827
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="C001075">
Mr. Cassidy
</sponsor>
(for himself and
<cosponsor name-id="D000610">
Mr. Deutch
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name committee-id="HBA00">
Committee on Financial Services
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Securities Investor Protection Act of 1970 to provide one-time payments from the SIPC Fund for customers during a pending lawsuit by the Securities and Exchange Commission against the Securities Investor Protection Corporation, and for other purposes.
</official-title>
</form>
<legis-body id="HC0935C1DF6754A8C9DF20D4E2E07EB6F" style="OLC">
<section id="HEC345FFA98874925BBD09BD6FE83BAA2" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Improving Security for Investors and Providing Closure Act of 2013
</short-title>
</quote>
or the
<quote>
<short-title>
Improving SIPC Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="H91ACE40D16B0438CA8E29D09A3D74683">
<enum>
2.
</enum>
<header>
Customer payment during pending action
</header>
<subsection id="H9C92E48154684F93A35B62C6584E479F">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Section 11 of the Securities Investor Protection Act of 1970 (
<external-xref legal-doc="usc" parsable-cite="usc/15/78ggg">
15 U.S.C. 78ggg
</external-xref>
) is amended—
</text>
<paragraph id="HE266516CC081493A93192CF51AE434D5">
<enum>
(1)
</enum>
<text>
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
</text>
</paragraph>
<paragraph id="H7B2328E4CACB4EDEA4F155EFADF704A8">
<enum>
(2)
</enum>
<text>
by inserting after subsection (b) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF2B65C7C696241289DBCC5928D77173A" style="OLC">
<subsection id="H57BA5484FE8244EEA9F32FADBB7FA069">
<enum>
(c)
</enum>
<header>
Customer payment during pending action
</header>
<paragraph id="H8D6C5C3136AB405A8C65AFCBB83571BE">
<enum>
(1)
</enum>
<header>
One-time payment permitted
</header>
<subparagraph id="H9318D0C727CB425EA1E88BEC8E205D7B">
<enum>
(A)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
At the time that an action is initiated under subsection (b), SIPC may choose to allow all customers of the debtor to elect to receive a one-time payment from the SIPC Fund.
</text>
</subparagraph>
<subparagraph id="HC06097269A9349D68F37E9DD5ED618EE">
<enum>
(B)
</enum>
<header>
Customer election
</header>
<text display-inline="yes-display-inline">
If SIPC allows customers to make the election described under subparagraph (A), each customer choosing to make such election must make such election during the action brought under subsection (b), but in no case later than the 180-day period beginning on the date that SIPC chooses to allow such election.
</text>
</subparagraph>
</paragraph>
<paragraph id="H52E16A099EFB473A945AA83DA631D127">
<enum>
(2)
</enum>
<header>
Method of payment
</header>
<subparagraph id="H5F2C2B3ED042425CB95128DFDCDC5370">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
To the extent practicable, one-time payments made under this subsection shall be made in the same manner as payments of net equity claims of customers of a debtor are made under the other provisions of this Act.
</text>
</subparagraph>
<subparagraph id="H6E55AA5AFC5A4831B1474B258380AA04">
<enum>
(B)
</enum>
<header>
Payment amount limited to claims
</header>
<text>
The amount paid to a customer under this subsection shall be equal to the lesser of—
</text>
<clause id="H8D2112A09AFD48DA8ED60A3A353A1432">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
the customer’s net equity claim against the debtor; and
</text>
</clause>
<clause id="H031C133E7FF24B859D153D948DA2720B">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
the cap set under paragraph (3).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HDD836063D3164662B49EB3E515E1C987">
<enum>
(3)
</enum>
<header>
Cap on one-time payments
</header>
<text>
At the time the action is initiated under subsection (b), SIPC shall set a cap on the amount of one-time payments that can be made under this subsection, and such cap—
</text>
<subparagraph id="H3A39A57CC0F44A64A169BE4B85130B8E">
<enum>
(A)
</enum>
<text>
shall not exceed $500,000; and
</text>
</subparagraph>
<subparagraph id="HA65F0419BA0A451DA75E3E17FD74D888">
<enum>
(B)
</enum>
<text>
shall apply equally to all customers of the debtor.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2E244B4D4D8B45E28620BC4E2A653DAF">
<enum>
(4)
</enum>
<header>
Effect of election
</header>
<subparagraph id="HBDF881D19848445E8B1E47F721954C81">
<enum>
(A)
</enum>
<header>
No SIPC advance
</header>
<text display-inline="yes-display-inline">
Section 9(a) shall not apply with respect to any customer who receives a one-time payment under this subsection.
</text>
</subparagraph>
<subparagraph id="HB700030E8B0E4F2890EDA48E49E28412">
<enum>
(B)
</enum>
<header>
Subrogation
</header>
<text>
With respect to any customer who receives a one-time payment under this subsection, SIPC shall be subrogated to all rights of such customer against the debtor once the customer recovers an amount equal to the customer’s net equity claim against the debtor.
</text>
</subparagraph>
</paragraph>
<paragraph id="HD6D5E26997B142E69BA4288EDB3346A3">
<enum>
(5)
</enum>
<header>
Notice; technical assistance
</header>
<text>
If SIPC allows customers to make the election described under paragraph (1)(A), SIPC shall—
</text>
<subparagraph id="H24F2B052387F4279968A9BD3D4E23E8B">
<enum>
(A)
</enum>
<text>
promptly notify each customer of the debtor of their rights under this subsection; and
</text>
</subparagraph>
<subparagraph id="HCDADC577BA494B6AAFB9495E37654902">
<enum>
(B)
</enum>
<text>
provide technical assistance to such customers to determine if they should make an election under paragraph (1)(B).
</text>
</subparagraph>
</paragraph>
<paragraph id="HB124F95CFE2D428CB22936ECB4425BC6">
<enum>
(6)
</enum>
<header>
Treatment of certificates of deposit
</header>
<text>
For purposes of this subsection, a certificate of deposit purchased by a person through an account with the debtor shall be treated as cash deposited and held by the debtor in an amount equal to the amount the person paid for the certificate of deposit, less any amounts paid to such person on the certificate of deposit.
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="H403B9D38241743A68ECB4C7550624A4E">
<enum>
(7)
</enum>
<header>
Judicial review of certain SIPC determinations
</header>
<text display-inline="yes-display-inline">
With respect to any person who is not permitted to make an election under this subsection because SIPC does not identify them as a customer of the debtor, such person may commence an action against SIPC in the appropriate United States district court to challenge the determination by SIPC that they are not a customer of the debtor.
</text>
</paragraph>
<paragraph id="H778333DE966A428C9E19D00025B9DAEB">
<enum>
(8)
</enum>
<header>
Rulemaking
</header>
<text>
SIPC may issue such regulations as may be necessary to carry out this subsection.
</text>
</paragraph>
<paragraph id="H991225DE214141F7ABA21D8BE1118911">
<enum>
(9)
</enum>
<header>
Debtor defined
</header>
<text>
For purposes of this subsection, the term
<quote>
debtor
</quote>
means the broker or dealer that is the subject of the action brought under subsection (b).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HA1898C8C06DC4E6B9E97DB8511824186">
<enum>
(b)
</enum>
<header>
Application
</header>
<text display-inline="yes-display-inline">
With respect to an ongoing action brought under section 11(b) of the Securities Investor Protection Act of 1970 (
<external-xref legal-doc="usc" parsable-cite="usc/15/78ggg">
15 U.S.C. 78ggg(b)
</external-xref>
) before the date of the enactment of this Act, the customer election available under section 11(c) of such Act may be made during the 180-day period beginning on the date of the enactment of this Act.
</text>
</subsection>
<subsection id="HFA8D08CA2B5946A4BEABEA2990EC3517">
<enum>
(c)
</enum>
<header>
Rule of Construction
</header>
<text display-inline="yes-display-inline">
A person’s qualification as a customer for purposes of section 11(c) of the Securities Investor Protection Act of 1970 shall have no effect on whether such person qualifies as a customer under any other provision of such Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 827 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Cassidy (for himself and Mr. Deutch ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Investor Protection Act of 1970 to provide one-time payments from the SIPC Fund for customers during a pending lawsuit by the Securities and Exchange Commission against the Securities Investor Protection Corporation, and for other purposes.
1. Short title This Act may be cited as the Improving Security for Investors and Providing Closure Act of 2013 or the Improving SIPC Act of 2013 . 2. Customer payment during pending action (a) In general Section 11 of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78ggg ) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Customer payment during pending action (1) One-time payment permitted (A) In general At the time that an action is initiated under subsection (b), SIPC may choose to allow all customers of the debtor to elect to receive a one-time payment from the SIPC Fund. (B) Customer election If SIPC allows customers to make the election described under subparagraph (A), each customer choosing to make such election must make such election during the action brought under subsection (b), but in no case later than the 180-day period beginning on the date that SIPC chooses to allow such election. (2) Method of payment (A) In general To the extent practicable, one-time payments made under this subsection shall be made in the same manner as payments of net equity claims of customers of a debtor are made under the other provisions of this Act. (B) Payment amount limited to claims The amount paid to a customer under this subsection shall be equal to the lesser of— (i) the customer’s net equity claim against the debtor; and (ii) the cap set under paragraph (3). (3) Cap on one-time payments At the time the action is initiated under subsection (b), SIPC shall set a cap on the amount of one-time payments that can be made under this subsection, and such cap— (A) shall not exceed $500,000; and (B) shall apply equally to all customers of the debtor. (4) Effect of election (A) No SIPC advance Section 9(a) shall not apply with respect to any customer who receives a one-time payment under this subsection. (B) Subrogation With respect to any customer who receives a one-time payment under this subsection, SIPC shall be subrogated to all rights of such customer against the debtor once the customer recovers an amount equal to the customer’s net equity claim against the debtor. (5) Notice; technical assistance If SIPC allows customers to make the election described under paragraph (1)(A), SIPC shall— (A) promptly notify each customer of the debtor of their rights under this subsection; and (B) provide technical assistance to such customers to determine if they should make an election under paragraph (1)(B). (6) Treatment of certificates of deposit For purposes of this subsection, a certificate of deposit purchased by a person through an account with the debtor shall be treated as cash deposited and held by the debtor in an amount equal to the amount the person paid for the certificate of deposit, less any amounts paid to such person on the certificate of deposit. (7) Judicial review of certain SIPC determinations With respect to any person who is not permitted to make an election under this subsection because SIPC does not identify them as a customer of the debtor, such person may commence an action against SIPC in the appropriate United States district court to challenge the determination by SIPC that they are not a customer of the debtor. (8) Rulemaking SIPC may issue such regulations as may be necessary to carry out this subsection. (9) Debtor defined For purposes of this subsection, the term debtor means the broker or dealer that is the subject of the action brought under subsection (b). . (b) Application With respect to an ongoing action brought under section 11(b) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78ggg(b) ) before the date of the enactment of this Act, the customer election available under section 11(c) of such Act may be made during the 180-day period beginning on the date of the enactment of this Act. (c) Rule of Construction A person’s qualification as a customer for purposes of section 11(c) of the Securities Investor Protection Act of 1970 shall have no effect on whether such person qualifies as a customer under any other provision of such Act. |
113-hr-828-ih-dtd | 113-hr-828 | 113 | hr | 828 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr828ih.xml | BILLS-113hr828ih.xml | 2023-01-08 17:37:42.695 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HCE4CE46A28DD4492A9824EB8FA5E82EC" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 828 IH: Decrease Spending Now Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 828
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="P000591">
Mr. Price of Georgia
</sponsor>
(for himself,
<cosponsor name-id="S000250">
Mr. Sessions
</cosponsor>
,
<cosponsor name-id="B001275">
Mr. Bucshon
</cosponsor>
,
<cosponsor name-id="W000795">
Mr. Wilson of South Carolina
</cosponsor>
,
<cosponsor name-id="W000796">
Mr. Westmoreland
</cosponsor>
,
<cosponsor name-id="P000602">
Mr. Pompeo
</cosponsor>
,
<cosponsor name-id="F000461">
Mr. Flores
</cosponsor>
,
<cosponsor name-id="C001048">
Mr. Culberson
</cosponsor>
,
<cosponsor name-id="G000552">
Mr. Gohmert
</cosponsor>
,
<cosponsor name-id="J000255">
Mr. Jones
</cosponsor>
, and
<cosponsor name-id="S001176">
Mr. Scalise
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name committee-id="HAP00">
Committee on Appropriations
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To rescind $45 billion of unobligated discretionary appropriations, and for other purposes.
</official-title>
</form>
<legis-body id="HB0CDD638C9804943AE9236314B907A54" style="OLC">
<section id="HE26092B74A95443DB01E083D15857499" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Decrease Spending Now Act
</short-title>
</quote>
.
</text>
</section>
<section id="H21E76C8AA8034A96A4B52749576C7C9A">
<enum>
2.
</enum>
<header>
Rescission of unobligated discretionary appropriations
</header>
<subsection id="H5FEE3B1385CB4B48ADDD264C8DDB7E69">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Of the unobligated balances of discretionary appropriations on the date of enactment of this Act, $45,000,000,000 is rescinded.
</text>
</subsection>
<subsection id="HFA1C320E9C9342F9AB715CE0265B9355">
<enum>
(b)
</enum>
<header>
Implementation
</header>
<paragraph id="HE8C91CC31B6043E3A6614F87A68C99AB">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The Director of the Office of Management and Budget shall determine which appropriation accounts the rescission under subsection (a) shall apply to and the amount that each such account shall be reduced by pursuant to such rescission.
</text>
</paragraph>
<paragraph id="H6CF31AFB700D4652B5CF64CDA0FE1B74">
<enum>
(2)
</enum>
<header>
Report
</header>
<text>
Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress listing the accounts reduced by the rescission in subsection (a) and the amounts rescinded from each such account.
</text>
</paragraph>
</subsection>
<subsection id="H3622EB33D99449368FCBC23D6DE36DC6">
<enum>
(c)
</enum>
<header>
Exceptions
</header>
<text display-inline="yes-display-inline">
The rescission under subsection (a) shall not apply to the Department of Defense, the Department of Veterans Affairs, or the Social Security Administration.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 828 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Price of Georgia (for himself, Mr. Sessions , Mr. Bucshon , Mr. Wilson of South Carolina , Mr. Westmoreland , Mr. Pompeo , Mr. Flores , Mr. Culberson , Mr. Gohmert , Mr. Jones , and Mr. Scalise ) introduced the following bill; which was referred to the Committee on Appropriations A BILL To rescind $45 billion of unobligated discretionary appropriations, and for other purposes.
1. Short title This Act may be cited as the Decrease Spending Now Act . 2. Rescission of unobligated discretionary appropriations (a) In general Of the unobligated balances of discretionary appropriations on the date of enactment of this Act, $45,000,000,000 is rescinded. (b) Implementation (1) In general The Director of the Office of Management and Budget shall determine which appropriation accounts the rescission under subsection (a) shall apply to and the amount that each such account shall be reduced by pursuant to such rescission. (2) Report Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress listing the accounts reduced by the rescission in subsection (a) and the amounts rescinded from each such account. (c) Exceptions The rescission under subsection (a) shall not apply to the Department of Defense, the Department of Veterans Affairs, or the Social Security Administration. |
113-hr-829-ih-dtd | 113-hr-829 | 113 | hr | 829 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr829ih.xml | BILLS-113hr829ih.xml | 2023-01-08 17:37:42.270 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 829 IH: To amend the Wild and Scenic Rivers Act to designate a segment of Illabot Creek in Skagit County, Washington, as a component of the National Wild and Scenic Rivers System.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 829
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="D000617">
Ms. DelBene
</sponsor>
(for
herself and
<cosponsor name-id="L000560">
Mr. Larsen of Washington
</cosponsor>
)
introduced the following bill; which was referred to the
<committee-name committee-id="HII00">
Committee on Natural
Resources
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Wild and Scenic Rivers Act to designate a
segment of Illabot Creek in Skagit County, Washington, as a component of the
National Wild and Scenic Rivers System.
</official-title>
</form>
<legis-body id="H5D6F88C1E5DA405AB1FAC586CD45C998" style="OLC">
<section id="HE43F857F6F49482895F1CFD502F0131F" section-type="section-one">
<enum>
1.
</enum>
<header>
Designation of wild and
scenic river segments
</header>
<text display-inline="no-display-inline">
Section
3(a) of the Wild and Scenic Rivers Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1274">
16 U.S.C. 1274(a)
</external-xref>
) is amended by adding
at the end the following:
</text>
<quoted-block id="H66F1A678F4A14447ABD84BC54FAB8584" style="OLC">
<paragraph id="H5C5D24B22C134F4488AD3E2443346FB3">
<enum>
(__)
</enum>
<header>
Illabot creek,
washington
</header>
<subparagraph id="HF79B07CA3C9B4E0786CCB7411DCCC72A">
<enum>
(A)
</enum>
<text>
The 14.3-mile
segment from the headwaters of Illabot Creek to the northern terminus as
generally depicted on the map titled
<quote>
Illabot Creek Proposed WSR-Northern
Terminus
</quote>
, dated September 15, 2009, to be administered by the Secretary
of Agriculture as follows:
</text>
<clause id="HC9706171F9054D2DAA7E3AE98BCA45B1">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
The 4.3-mile segment from the headwaters of
Illabot Creek to the boundary of Glacier Peak Wilderness Area as a wild
river.
</text>
</clause>
<clause id="HAE88207C94DC48B28D8C7A7CF80CD8BB">
<enum>
(ii)
</enum>
<text>
The 10-mile
segment from the boundary of Glacier Peak Wilderness to the northern terminus
as generally depicted on the map titled
<quote>
Illabot Creek Proposed
WSR-Northern Terminus
</quote>
, dated September 15, 2009, as a recreational
river.
</text>
</clause>
</subparagraph>
<subparagraph id="HBADCF35404BE4C84BD3C649C17970CF2">
<enum>
(B)
</enum>
<text>
Action required to
be taken under subsection (d)(1) for the river segments designated under this
paragraph shall be completed through revision of the Skagit Wild and Scenic
River comprehensive management
plan.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 829 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Ms. DelBene (for herself and Mr. Larsen of Washington ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate a segment of Illabot Creek in Skagit County, Washington, as a component of the National Wild and Scenic Rivers System.
1. Designation of wild and scenic river segments Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (__) Illabot creek, washington (A) The 14.3-mile segment from the headwaters of Illabot Creek to the northern terminus as generally depicted on the map titled Illabot Creek Proposed WSR-Northern Terminus , dated September 15, 2009, to be administered by the Secretary of Agriculture as follows: (i) The 4.3-mile segment from the headwaters of Illabot Creek to the boundary of Glacier Peak Wilderness Area as a wild river. (ii) The 10-mile segment from the boundary of Glacier Peak Wilderness to the northern terminus as generally depicted on the map titled Illabot Creek Proposed WSR-Northern Terminus , dated September 15, 2009, as a recreational river. (B) Action required to be taken under subsection (d)(1) for the river segments designated under this paragraph shall be completed through revision of the Skagit Wild and Scenic River comprehensive management plan. . |
113-hr-829-rh-dtd | 113-hr-829 | 113 | hr | 829 | rh | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr829rh.xml | BILLS-113hr829rh.xml | 2023-01-07 11:21:03.416 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Reported-in-House" bill-type="olc" dms-id="H0A492B92027F4DE0AE179152914A1850" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
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<dc:title>
113 HR 829 RH: To amend the Wild and Scenic Rivers Act to designate a segment of Illabot Creek in Skagit County, Washington, as a component of the National Wild and Scenic Rivers System.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-05-17
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
IB
</distribution-code>
<calendar display="yes">
Union Calendar No. 50
</calendar>
<congress display="yes">
113th CONGRESS
</congress>
<session display="yes">
1st Session
</session>
<legis-num>
H. R. 829
</legis-num>
<associated-doc display="yes" role="report">
[Report No. 113–74]
</associated-doc>
<current-chamber display="yes">
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="D000617">
Ms. DelBene
</sponsor>
(for herself and
<cosponsor name-id="L000560">
Mr. Larsen of Washington
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name added-display-style="italic" committee-id="HII00" deleted-display-style="strikethrough">
Committee on Natural Resources
</committee-name>
</action-desc>
</action>
<action>
<action-date date="20130517">
May 17, 2013
</action-date>
<action-desc>
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
</action-desc>
<action-instruction>
Strike out all after the enacting clause and insert the part printed in italic
</action-instruction>
<action-instruction>
For text of introduced bill, see copy of bill as introduced on February 26, 2013
</action-instruction>
</action>
<action display="yes">
<action-desc display="yes">
<pagebreak/>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title display="yes">
To amend the Wild and Scenic Rivers Act to designate a segment of Illabot Creek in Skagit County, Washington, as a component of the National Wild and Scenic Rivers System.
<pagebreak/>
</official-title>
</form>
<legis-body changed="added" committee-id="HII00" id="H5D6F88C1E5DA405AB1FAC586CD45C998" reported-display-style="italic" style="OLC">
<section id="HE43F857F6F49482895F1CFD502F0131F" section-type="section-one">
<enum>
1.
</enum>
<header>
Designation of wild and scenic river segments
</header>
<text display-inline="no-display-inline">
Section 3(a) of the Wild and Scenic Rivers Act (
<external-xref legal-doc="usc" parsable-cite="usc/16/1274">
16 U.S.C. 1274(a)
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="H66F1A678F4A14447ABD84BC54FAB8584" style="OLC">
<paragraph id="H5C5D24B22C134F4488AD3E2443346FB3">
<enum>
(__)
</enum>
<header>
Illabot creek, washington
</header>
<subparagraph id="HF79B07CA3C9B4E0786CCB7411DCCC72A">
<enum>
(A)
</enum>
<text>
The 14.3-mile segment from the headwaters of Illabot Creek to the northern terminus as generally depicted on the map titled
<quote>
Illabot Creek Proposed WSR-Northern Terminus
</quote>
, dated September 15, 2009, to be administered by the Secretary of Agriculture as follows:
</text>
<clause id="HC9706171F9054D2DAA7E3AE98BCA45B1">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
The 4.3-mile segment from the headwaters of Illabot Creek to the boundary of Glacier Peak Wilderness Area as a wild river.
</text>
</clause>
<clause id="HAE88207C94DC48B28D8C7A7CF80CD8BB">
<enum>
(ii)
</enum>
<text>
The 10-mile segment from the boundary of Glacier Peak Wilderness to the northern terminus as generally depicted on the map titled
<quote>
Illabot Creek Proposed WSR-Northern Terminus
</quote>
, dated September 15, 2009, as a recreational river.
</text>
</clause>
</subparagraph>
<subparagraph id="HBADCF35404BE4C84BD3C649C17970CF2">
<enum>
(B)
</enum>
<text>
Action required to be taken under subsection (d)(1) for the river segments designated under this paragraph shall be completed through revision of the Skagit Wild and Scenic River comprehensive management plan.
</text>
</subparagraph>
<subparagraph id="H5EBCA7A7783740FAA05B9C180EA41242">
<enum>
(C)
</enum>
<text>
The Secretary of Agriculture may not acquire by condemnation any land or interest in land within the boundaries of the Illabot Creek Wild and Scenic River described in subparagraph (A).
</text>
</subparagraph>
<subparagraph id="H40A66B7CB7D84994B187B9474A9FC42F">
<enum>
(D)
</enum>
<text>
Nothing in this paragraph creates or authorizes the creation of a protective perimeter or buffer zone around the boundaries of the Illabot Creek Wild and Scenic River described in subparagraph (A). The fact that an activity or use can be seen or heard from within such boundaries shall not preclude the conduct of that activity or use outside such boundaries.
</text>
</subparagraph>
<subparagraph id="H0603AEB8BAF04E9285B7093258CAD142">
<enum>
(E)
</enum>
<text>
No private property or non-Federal public property shall be included within the boundaries of the Illabot Creek Wild and Scenic River described in subparagraph (A) without the written consent of the owner of such property.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</legis-body>
<endorsement display="yes">
<action-date date="20130517">
May 17, 2013
</action-date>
<action-desc>
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
</action-desc>
</endorsement>
</bill>
| IB Union Calendar No. 50 113th CONGRESS 1st Session H. R. 829 [Report No. 113–74] IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Ms. DelBene (for herself and Mr. Larsen of Washington ) introduced the following bill; which was referred to the Committee on Natural Resources May 17, 2013 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on February 26, 2013 A BILL To amend the Wild and Scenic Rivers Act to designate a segment of Illabot Creek in Skagit County, Washington, as a component of the National Wild and Scenic Rivers System.
1. Designation of wild and scenic river segments Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (__) Illabot creek, washington (A) The 14.3-mile segment from the headwaters of Illabot Creek to the northern terminus as generally depicted on the map titled Illabot Creek Proposed WSR-Northern Terminus , dated September 15, 2009, to be administered by the Secretary of Agriculture as follows: (i) The 4.3-mile segment from the headwaters of Illabot Creek to the boundary of Glacier Peak Wilderness Area as a wild river. (ii) The 10-mile segment from the boundary of Glacier Peak Wilderness to the northern terminus as generally depicted on the map titled Illabot Creek Proposed WSR-Northern Terminus , dated September 15, 2009, as a recreational river. (B) Action required to be taken under subsection (d)(1) for the river segments designated under this paragraph shall be completed through revision of the Skagit Wild and Scenic River comprehensive management plan. (C) The Secretary of Agriculture may not acquire by condemnation any land or interest in land within the boundaries of the Illabot Creek Wild and Scenic River described in subparagraph (A). (D) Nothing in this paragraph creates or authorizes the creation of a protective perimeter or buffer zone around the boundaries of the Illabot Creek Wild and Scenic River described in subparagraph (A). The fact that an activity or use can be seen or heard from within such boundaries shall not preclude the conduct of that activity or use outside such boundaries. (E) No private property or non-Federal public property shall be included within the boundaries of the Illabot Creek Wild and Scenic River described in subparagraph (A) without the written consent of the owner of such property. .
May 17, 2013 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |
113-hr-830-ih-dtd | 113-hr-830 | 113 | hr | 830 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr830ih.xml | BILLS-113hr830ih.xml | 2023-01-08 17:37:41.924 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HC56C32B9AC3A4CCEA9B25486C19602B4" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 830 IH: Secure America Through Verification and Enforcement Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 830
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="G000546">
Mr. Graves of
Missouri
</sponsor>
(for himself,
<cosponsor name-id="N000186">
Mr.
Nunnelee
</cosponsor>
,
<cosponsor name-id="H001053">
Mrs. Hartzler
</cosponsor>
,
<cosponsor name-id="H000067">
Mr. Hall
</cosponsor>
, and
<cosponsor name-id="R000409">
Mr. Rohrabacher
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name committee-id="HHM00">
Committee on Homeland Security
</committee-name>
, and in
addition to the Committees on the
<committee-name committee-id="HJU00">
Judiciary
</committee-name>
,
<committee-name committee-id="HWM00">
Ways and Means
</committee-name>
,
<committee-name committee-id="HED00">
Education and the
Workforce
</committee-name>
,
<committee-name committee-id="HGO00">
Oversight and
Government Reform
</committee-name>
,
<committee-name committee-id="HAS00">
Armed
Services
</committee-name>
,
<committee-name committee-id="HAG00">
Agriculture
</committee-name>
, and
<committee-name committee-id="HII00">
Natural Resources
</committee-name>
, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To provide immigration reform by securing America’s
borders, clarifying and enforcing existing laws, and enabling a practical
employer verification program.
</official-title>
</form>
<legis-body id="H6CECF205491A48B08E65334065E11614" style="OLC">
<section id="H42A33737E5514FF4871B20806E1C1AEB" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title; table of
contents
</header>
<subsection id="HB4964CFB7A5E4361BCDF5483BFB7148A">
<enum>
(a)
</enum>
<header>
Short
title
</header>
<text>
This Act may be cited as the
<quote>
<short-title>
Secure America Through Verification and Enforcement Act of
2013
</short-title>
</quote>
or as the
<quote>
<short-title>
SAVE Act of 2013
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="H072FE7A22297401BB503CCA18ECA44A3">
<enum>
(b)
</enum>
<header>
Table of
Contents
</header>
<text>
The table of contents for this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H42A33737E5514FF4871B20806E1C1AEB" level="section">
Sec. 1. Short title; table of contents.
</toc-entry>
<toc-entry idref="HBDA041DD1D1540B692E862EFF8A0EB6B" level="title">
Title I—Securing America’s International Borders
</toc-entry>
<toc-entry idref="HC07A798929634F3F84C68AE04D7BB389" level="subtitle">
Subtitle A—Manpower, Technology, and Infrastructure
Improvements
</toc-entry>
<toc-entry idref="H0FC706AADB40484281B6F148634DFC5C" level="section">
Sec. 101. Manpower.
</toc-entry>
<toc-entry idref="H6AF7846A02934BA6AF3997DC66FCE522" level="section">
Sec. 102. Technology.
</toc-entry>
<toc-entry idref="H489E643496394267A7E36FBE675BEAE1" level="section">
Sec. 103. Infrastructure.
</toc-entry>
<toc-entry idref="H2F2AE77CAF4A44FA8C1043DDDD0A2E2D" level="section">
Sec. 104. Aerial vehicles and surveillance systems.
</toc-entry>
<toc-entry idref="H6692CE363A9A43E689EBFE346FC4F2D0" level="subtitle">
Subtitle B—Strategies and Progress Reports for Securing
America’s Borders
</toc-entry>
<toc-entry idref="HAA3A32A4BA3948818DAFC47004399FF9" level="section">
Sec. 111. National strategy to secure the borders.
</toc-entry>
<toc-entry idref="H0E19AC2DB46143E29F0CE57B96418982" level="section">
Sec. 112. Accountable financing of a secure border
initiative.
</toc-entry>
<toc-entry idref="HCBE85F2790E74E17B63A7A8E3C2491AB" level="subtitle">
Subtitle C—Rapid Response Measures
</toc-entry>
<toc-entry idref="H23858A6373BA48ADB37E863C5535DF80" level="section">
Sec. 121. Deployment of border patrol agents.
</toc-entry>
<toc-entry idref="H60F4A3ADD2874B258837D3CB15D2AB82" level="section">
Sec. 122. Border patrol major assets.
</toc-entry>
<toc-entry idref="HD00F979B19E1483E9886A4628AD423C8" level="section">
Sec. 123. Electronic equipment.
</toc-entry>
<toc-entry idref="H2AE1DC823DB0426BA4AD1D6EA48DED87" level="section">
Sec. 124. Personal equipment.
</toc-entry>
<toc-entry idref="HD1F9B838973F4F2A994488E7134C2F5B" level="section">
Sec. 125. Authorization of appropriations.
</toc-entry>
<toc-entry idref="HB855F818236348DBAAE55258F9756A5D" level="subtitle">
Subtitle D—Border Infrastructure and Technology
Modernization
</toc-entry>
<toc-entry idref="HBA09B2C12A3341B2AB372D22F2DDE4AA" level="section">
Sec. 131. Definitions.
</toc-entry>
<toc-entry idref="HDA62D1F917164480AEAC9DE3310A4424" level="section">
Sec. 132. Expansion of commerce security programs.
</toc-entry>
<toc-entry idref="HBB34C1EAF72042D3B53D218F64CB3A53" level="subtitle">
Subtitle E—Other Border Security Initiatives
</toc-entry>
<toc-entry idref="H78D47A619E2B48399C8191E4C57D63BA" level="section">
Sec. 141. Alien smuggling and terrorism prevention.
</toc-entry>
<toc-entry idref="HF2149F21A2BF4814BC69A161BD9EBF40" level="section">
Sec. 142. Border security on certain Federal land.
</toc-entry>
<toc-entry idref="H3CD2ECD077B0425FA7FEA08E29934DB4" level="title">
Title II—Ending Unlawful Employment
</toc-entry>
<toc-entry idref="H6CE524C02BEC4532960F2F6568CA4DFE" level="subtitle">
Subtitle A—Employee Verification
</toc-entry>
<toc-entry idref="H787851BD43984828A38C18506DD2A441" level="section">
Sec. 201. Mandatory employment authorization
verification.
</toc-entry>
<toc-entry idref="H279BA5A301554C81A1599D7DF0E72079" level="section">
Sec. 202. Monitoring and compliance.
</toc-entry>
<toc-entry idref="H5957A3387D9242CA94A407E687DAAAF5" level="section">
Sec. 203. Mandatory notification of SSN mismatches and multiple
uses.
</toc-entry>
<toc-entry idref="H664F2B184C5A416BB7158E9B31900C6A" level="section">
Sec. 204. Establishment of electronic birth and death
registration systems.
</toc-entry>
<toc-entry idref="HC64A387357184759843734EF61C23D5E" level="section">
Sec. 205. Penalty for failure to file correct information
returns.
</toc-entry>
<toc-entry idref="H0848DB67EBB1444587E523F07008F9D7" level="section">
Sec. 206. Authorization of appropriations.
</toc-entry>
<toc-entry idref="H742B0E8EE80047888D62D576A06AC8C5" level="subtitle">
Subtitle B—Nondeductibility of Wages Paid to Unauthorized
Aliens
</toc-entry>
<toc-entry idref="HA035B27CA25A457BA5D7D81B993A1C44" level="section">
Sec. 211. Clarification that wages paid to unauthorized aliens
may not be deducted from gross income.
</toc-entry>
<toc-entry idref="H914B94292F1C42769F0A208ED14CF711" level="title">
Title III—Enhancing and Utilizing Current Interior Enforcement
Methods
</toc-entry>
<toc-entry idref="H4B26837DF9E14F4EB22FC00A0A74F7AC" level="section">
Sec. 301. Increase investigative efforts.
</toc-entry>
<toc-entry idref="H159DB25F40C34C4D82E4811B8F87A8B1" level="section">
Sec. 302. Increased oversight of agents.
</toc-entry>
<toc-entry idref="H5CC047EAAECD472B87B99CE1AA1C799F" level="section">
Sec. 303. Border relief grant program.
</toc-entry>
<toc-entry idref="H8E745B0797E54612B1C03EC50E59FF06" level="section">
Sec. 304. Authorization of appropriations.
</toc-entry>
<toc-entry idref="H898E3B45DCE44E318B3DC432F44F3C41" level="section">
Sec. 305. Regulations.
</toc-entry>
<toc-entry idref="HE8C3203B60DE4EBBA471A36FC0D0A5E4" level="section">
Sec. 306. Rewards program.
</toc-entry>
<toc-entry idref="HCB5FC00701A948D298AF26A30C573229" level="section">
Sec. 307. Increased detention facilities for aliens apprehended
for illegal entry.
</toc-entry>
<toc-entry idref="H6E0508B0DBE143B28291EB15D86DD306" level="section">
Sec. 308. Additional Immigration Judgeships and law
clerks.
</toc-entry>
<toc-entry idref="H3CE0FC47957C46CA89B8237B1E88C5D1" level="section">
Sec. 309. Media campaign.
</toc-entry>
</toc>
</subsection>
</section>
<title id="HBDA041DD1D1540B692E862EFF8A0EB6B">
<enum>
I
</enum>
<header>
Securing America’s
International Borders
</header>
<subtitle id="HC07A798929634F3F84C68AE04D7BB389">
<enum>
A
</enum>
<header>
Manpower,
Technology, and Infrastructure Improvements
</header>
<section id="H0FC706AADB40484281B6F148634DFC5C">
<enum>
101.
</enum>
<header>
Manpower
</header>
<subsection id="H95BFE03D93254ED1B26D917ED61174F6">
<enum>
(a)
</enum>
<header>
Border patrol
agents
</header>
<text>
Section 5202 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (
<external-xref legal-doc="public-law" parsable-cite="pl/108/458">
Public Law 108–458
</external-xref>
; 118 Stat. 3734) is amended to read
as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H03D11D05EBCD4E68A45F94EAB99A4603" style="OLC">
<section id="HF559967377534957A3FD8B4043E3A610">
<enum>
5202.
</enum>
<header>
Increase in
full-time border patrol agents
</header>
<subsection id="H8F20A6AF70CD4E7D8BF1AA4A169C8B03">
<enum>
(a)
</enum>
<header>
Annual
increases
</header>
<text>
The Secretary of Homeland Security shall, subject to
the availability of appropriations for such purpose, increase the number of
positions for full-time active-duty Border Patrol agents within the Department
of Homeland Security (above the number of positions for which funds were
appropriated for the preceding fiscal year), by—
</text>
<paragraph id="HB5C6F59485324A32AB894825D8FAF83B">
<enum>
(1)
</enum>
<text>
1,500 in fiscal
year 2014;
</text>
</paragraph>
<paragraph id="H2F41B23E2C26452FB97A7529446557E2">
<enum>
(2)
</enum>
<text>
1,000 in fiscal
year 2015;
</text>
</paragraph>
<paragraph id="H2A12E71B9DCB4B45B24EE6FA55F52FE7">
<enum>
(3)
</enum>
<text>
1,000 in fiscal
year 2016;
</text>
</paragraph>
<paragraph id="H65AF4FF5A65C4A4481DAC01324A25635">
<enum>
(4)
</enum>
<text>
1,000 in fiscal
year 2017; and
</text>
</paragraph>
<paragraph id="HF5E9318E608A47599980BA87AF87967B">
<enum>
(5)
</enum>
<text>
500 in fiscal year
2018.
</text>
</paragraph>
</subsection>
<subsection id="H3D9EC49A2ACB4725922A3206A3C9E00A">
<enum>
(b)
</enum>
<header>
Allocations
</header>
<text>
Of
the Border Patrol agents hired under subsection (a), 80 percent shall be
deployed along the southern border of the United States and 20 percent shall be
deployed along the northern border of the United States.
</text>
</subsection>
<subsection id="H25D39BC15FB04C6280BFFDF3AAA73A26">
<enum>
(c)
</enum>
<header>
Authorization of
appropriations
</header>
<text>
The necessary funds are authorized to be
appropriated for each of fiscal years 2014 through 2018 to carry out this
section.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H4F10BF6001164AE9BF50991989058442">
<enum>
(b)
</enum>
<header>
Investigative
personnel
</header>
<paragraph id="H56D55EF2AC3A4B35B105C32B9A309525">
<enum>
(1)
</enum>
<header>
Additional
investigative personnel for alien smuggling
</header>
<text>
In addition to the
positions authorized under section 5203 of the Intelligence Reform and
Terrorism Prevention Act of 2004, as amended by paragraph (1), during each of
the fiscal years 2014 through 2018, the Secretary shall, subject to the
availability of appropriations, increase by not less than 350 the number of
positions for personnel within the Department assigned to specifically
investigate alien smuggling.
</text>
</paragraph>
<paragraph commented="no" id="HAB78B0F6D48949F9A62DD4E4281BB5DF">
<enum>
(2)
</enum>
<header>
Additional funds
and personnel for the tunnel task force
</header>
<text display-inline="yes-display-inline">
Subject to appropriations, the fiscal year
2014 budget of the Tunnel Task Force, a joint force comprised of Immigration
and Customs Enforcement (ICE), Customs and Border Patrol (CBP), and Drug
Enforcement Administration (DEA) personnel tasked to pinpoint tunnels that are
utilized by drug lords and
<quote>
coyotes
</quote>
to smuggle narcotics, illegal
aliens, and weapons, shall be increased by 50 percent above the fiscal year
2007 budget. Such increase shall be used to increase personnel, improve
communication and coordination between participant agencies, upgrade
technology, and offer cash rewards and appropriate security to individuals who
provide the Tunnel Task Force with accurate information on existing tunnels
that breach the international borders of the United States.
</text>
</paragraph>
<paragraph id="H7711DC5EC1A740D583095A25C8564645">
<enum>
(3)
</enum>
<header>
Authorization of
appropriations
</header>
<text>
The necessary funds are authorized to be
appropriated to the Secretary for each of the fiscal years 2014 through 2018 to
carry out this section.
</text>
</paragraph>
</subsection>
<subsection id="H3C4BC34573564201A825CD1B412863C8">
<enum>
(c)
</enum>
<header>
Recruitment of
former members of the armed forces and members of reserve components of the
armed forces
</header>
<paragraph id="H284097C4101342D5ACDDA8DF0707C597">
<enum>
(1)
</enum>
<header>
Requirement for
program
</header>
<text>
The Secretary, in conjunction with the Secretary of
Defense, shall establish a program to actively recruit covered members (a
member of a reserve component of the Armed Forces) or former members of the
Armed Forces and National Guard to serve in United States Customs and Border
Protection.
</text>
</paragraph>
<paragraph id="H5E35A20549CB41B5953DE2AA4D33F74E">
<enum>
(2)
</enum>
<header>
Report on
recruitment incentives
</header>
<text>
Not later than 90 days after the date of
enactment of this Act, the Secretary and the Secretary of Defense shall jointly
submit to the
<quote>
appropriate
</quote>
committees of Congress a report that
shall include an assessment of the desirability and feasibility of offering an
incentive to a covered member or former member of the Armed Forces for the
purpose of encouraging such member to serve in United States Customs and Border
Patrol and Immigration and Customs Enforcement—
</text>
<subparagraph id="HF26FE4885199482F80E7C9899AEB119B">
<enum>
(A)
</enum>
<text>
the Secretary must
provide a description of various monetary and non-monetary incentives
considered for purposes of the report; and
</text>
</subparagraph>
<subparagraph id="HF9DC8016431943F390844C9C2718B94F">
<enum>
(B)
</enum>
<text>
the Secretary must
provide an assessment of the desirability and feasibility of utilizing any such
incentive.
</text>
</subparagraph>
</paragraph>
<paragraph id="HDE11DDDE55B141DC99A90C3EB57754CF">
<enum>
(3)
</enum>
<header>
Recommendations
for recruitment incentives
</header>
<subparagraph id="H9594CD271FC14E05875557C98BBEB469">
<enum>
(A)
</enum>
<header>
Maximum student
loan repayments for united states border patrol agents with a two-year
commitment
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/5/5379">
Section 5379(b)
</external-xref>
of title 5, United States Code, is
amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H79907FD5F06C412EB764A562A5B6DFE5" style="OLC">
<paragraph id="H78A5AB2ECD0849CE8A46B8D2078A21C6">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
In the case of an employee (otherwise
eligible for benefits under this section) who is serving as a full-time
active-duty United States Border Patrol agent within the Department of Homeland
Security—
</text>
<subparagraph id="HDB2A64AE28CB4717BD82A33865938578">
<enum>
(A)
</enum>
<text>
paragraph (2)(A)
shall be applied by substituting
<quote>
$20,000
</quote>
for
<quote>
$10,000
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA639C0F84AB047DB8416CF1153FDB201">
<enum>
(B)
</enum>
<text>
paragraph (2)(B)
shall be applied by substituting
<quote>
$80,000
</quote>
for
<quote>
$60,000
</quote>
.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H89B7B79611E14A6B8DF2AED8479FAB13">
<enum>
(B)
</enum>
<header>
Recruitment and
relocation bonuses and retention allowances for personnel of the Department of
Homeland Security
</header>
<text display-inline="yes-display-inline">
The
Secretary of Homeland Security shall ensure that the authority to pay
recruitment and relocation bonuses under
<external-xref legal-doc="usc" parsable-cite="usc/5/5753">
section 5753
</external-xref>
of title 5, United States
Code, the authority to pay retention bonuses under section 5754 of such title,
and any other similar authorities available under any other provision of law,
rule, or regulation, are exercised to the fullest extent allowable in order to
encourage service in the Department of Homeland Security.
</text>
</subparagraph>
</paragraph>
<paragraph id="H177E957510584834BBC0061FF0748B0D">
<enum>
(4)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
The term
<term>
appropriate committees of
Congress
</term>
means—
</text>
<subparagraph id="HF53B7AC2B7274BF79E3A980D99E5F6F6">
<enum>
(A)
</enum>
<text>
the Committee on
Appropriations, the Committee on Armed Services, and the Committee on Homeland
Security of the House of Representatives; and
</text>
</subparagraph>
<subparagraph id="H516B3D97CFD84383B5E6FB73C7FA835E">
<enum>
(B)
</enum>
<text>
the Committee on
Appropriations, the Committee on Armed Services, and the Committee on Homeland
Security and Governmental Affairs of the Senate.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H6AF7846A02934BA6AF3997DC66FCE522">
<enum>
102.
</enum>
<header>
Technology
</header>
<subsection id="HCFBBA4056A6849FE8CB3DF4F487B6A8B">
<enum>
(a)
</enum>
<header>
Equipment
Sharing between Department of Homeland Security and Department of
Defense
</header>
<text>
The Secretaries of these two departments shall develop
and implement a plan to use authorities provided to the Secretary of Defense
under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/10/18">
chapter 18
</external-xref>
of title 10, United States Code, to increase the availability
and use of Department of Defense equipment, including unmanned aerial vehicles,
tethered aerostat radars, and other surveillance equipment, to assist the
Secretary in carrying out surveillance activities conducted at or near the
international land borders of the United States to prevent illegal
immigration.
</text>
</subsection>
<subsection id="H2E0A9DC5D3544D4BAF2958D1A383763B">
<enum>
(b)
</enum>
<header>
Report
</header>
<text>
Not
later than 6 months after the date of enactment of this Act (and then annually
from that point), the Secretary and the Secretary of Defense shall submit to
Congress a report that contains—
</text>
<paragraph id="HDCCE44DBEAFC4362A09744E641A4B0CE">
<enum>
(1)
</enum>
<text>
a
description of the current use of Department of Defense equipment to assist the
Secretary in carrying out surveillance of the international land borders of the
United States and assessment of the potential risks to citizens of the United
States and key foreign policy interests associated with the use of such
equipment;
</text>
</paragraph>
<paragraph id="H96C0D891B6394BFD83B0375B2C2DE646">
<enum>
(2)
</enum>
<text>
the plan developed
under subsection (a) to increase the use of Department of Defense equipment to
assist such surveillance activities; and
</text>
</paragraph>
<paragraph id="HAD31AE2A0AE34FFBAA1868DAAAADD180">
<enum>
(3)
</enum>
<text>
a
description of the types of equipment and other support to be provided by the
Secretary of Defense under such plan during the 1-year period beginning on the
date of the submission of the report.
</text>
</paragraph>
</subsection>
<subsection id="HA24688ADB25D4773AC95735F3A0A73F2">
<enum>
(c)
</enum>
<header>
Secure
communication
</header>
<text>
The Secretary shall, as expeditiously as
practicable, develop and implement a plan to improve the use of satellite
communications and other technologies to ensure clear and secure 2-way
communication capabilities—
</text>
<paragraph id="H582C1B4A52CC44BEBB6DBD9F95E054CA">
<enum>
(1)
</enum>
<text>
among all Border
Patrol agents conducting operations between ports of entry;
</text>
</paragraph>
<paragraph id="H9D5ECBC967874B548FF1E121286E4C0F">
<enum>
(2)
</enum>
<text>
between Border
Patrol agents and their respective Border Patrol stations; and
</text>
</paragraph>
<paragraph id="HB7979A6AF4CF49C38D4F3B73E56EB480">
<enum>
(3)
</enum>
<text>
between all
appropriate law enforcement agencies of the Department and State, local, and
tribal law enforcement agencies.
</text>
</paragraph>
</subsection>
<subsection id="HC03ACA4119A542C19ADFE5A39BEA674A">
<enum>
(d)
</enum>
<header>
Other Technology
Upgrades
</header>
<text>
The Secretary shall purchase and implement new
technology to secure the borders, including, but not limited to drones,
infrared cameras, sensors, mobile lighting units, radar and infrared
heat.
</text>
</subsection>
<subsection id="H9121B3D642964F079242F1320692E438">
<enum>
(e)
</enum>
<header>
Authorization of
Appropriations
</header>
<text>
The necessary funds are authorized to be
appropriated to the Secretary for each of the fiscal years 2014 through 2018 to
carry out this section.
</text>
</subsection>
</section>
<section id="H489E643496394267A7E36FBE675BEAE1">
<enum>
103.
</enum>
<header>
Infrastructure
</header>
<subsection id="H89B0C6CA41104658BF4EFD641F808F80">
<enum>
(a)
</enum>
<header>
Infrastructure
Improvements
</header>
<text>
Subject to the availability of appropriations, the
Secretary shall construct or purchase—
</text>
<paragraph id="HA820D8CB9D9E45469C49261AC97635EA">
<enum>
(1)
</enum>
<text>
office facilities
to accommodate additional border patrol manpower;
</text>
</paragraph>
<paragraph id="HF5B9D711273C44A08F14DA07DF408B3F">
<enum>
(2)
</enum>
<text>
sport utility
vehicles for officers;
</text>
</paragraph>
<paragraph id="HD062C64020224E08B826D9EC823546DE">
<enum>
(3)
</enum>
<text>
all-weather roads
for better vehicle access and performance on remote and rugged terrain (road
construction should be done in consultation with the owner of the land and take
into account any environmental or other land-use issues that are
relevant);
</text>
</paragraph>
<paragraph id="H8841AE7BDB2B4006800954D0A18DDBF6">
<enum>
(4)
</enum>
<text>
additional fencing
(and aesthetic fencing in business districts) in urban areas of the border;
and
</text>
</paragraph>
<paragraph id="H8DD157C1841148B483984B2E8F1C650C">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
vehicle barriers, to support, not replace,
manpower, in rural and remote areas of the border necessary to achieve
operational control of the international borders of the United States.
</text>
</paragraph>
</subsection>
<subsection id="HB3856133263C49DC835788B8251BF817">
<enum>
(b)
</enum>
<header>
Authorization of
appropriations
</header>
<text>
The necessary funds are authorized to be
appropriated to the Secretary for each of the fiscal years 2014 through 2018 to
carry out this section.
</text>
</subsection>
</section>
<section id="H2F2AE77CAF4A44FA8C1043DDDD0A2E2D">
<enum>
104.
</enum>
<header>
Aerial vehicles
and surveillance systems
</header>
<subsection id="HB9BC598F0192486D99280D3A3A3D5FCA">
<enum>
(a)
</enum>
<header>
Unmanned aerial
vehicle pilot program
</header>
<text>
During the 1-year period beginning on the
date on which the report is submitted under section 102(b), the Secretary shall
conduct a pilot program to test unmanned aerial vehicles for border
surveillance along the international border between Canada and the United
States.
</text>
</subsection>
<subsection id="HB7DBB2343FBE4E429DA66E771800F079">
<enum>
(b)
</enum>
<header>
Unmanned aerial
vehicles and associated infrastructure
</header>
<text>
The Secretary shall
acquire and maintain unmanned aerial vehicles and related equipment for use to
patrol the international borders of the United States, including equipment such
as—
</text>
<paragraph id="H6ADC46913FC24215AF48FE669376C743">
<enum>
(1)
</enum>
<text>
additional
sensors;
</text>
</paragraph>
<paragraph id="H5A3626DFD2BE40A399C572E0C5F4E524">
<enum>
(2)
</enum>
<text>
satellite command
and control; and
</text>
</paragraph>
<paragraph id="H9B4B31D6D4724CA2AF5A6DEB8AE14E8A">
<enum>
(3)
</enum>
<text>
other necessary
equipment for operational support.
</text>
</paragraph>
</subsection>
<subsection id="HEB131BCD4F544726B8172339AF4A2B54">
<enum>
(c)
</enum>
<header>
Authorization of
appropriations
</header>
<paragraph id="H7B4D75DE8F254D6BB7DD6CA56AFE6DA8">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
There are authorized
to be appropriated to the Secretary for each of the fiscal years 2014 and 2015
such sums as may be necessary to carry out subsection (b).
</text>
</paragraph>
<paragraph id="H34B33040EB17403B823A4FED61CD8607">
<enum>
(2)
</enum>
<header>
Availability of
funds
</header>
<text>
Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) are authorized to remain available until
expended.
</text>
</paragraph>
</subsection>
<subsection id="H27177E02B4C14F238BD2626C6DA55C96">
<enum>
(d)
</enum>
<header>
Aerial
surveillance program
</header>
<paragraph id="HB384EDDF3EAE4E17BCFC08D6C8725737">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In conjunction with the border surveillance plan
developed under section 5201 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (
<external-xref legal-doc="public-law" parsable-cite="pl/108/458">
Public Law 108–458
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/8/1701">
8 U.S.C. 1701
</external-xref>
note), the Secretary,
not later than 90 days after the date of enactment of this Act, shall develop
and implement a program to fully integrate and utilize aerial surveillance
technologies, including unmanned aerial vehicles, to enhance the security of
the international border between the United States and Canada and the
international border between the United States and Mexico. The goal of the
program shall be to ensure continuous monitoring of each mile of each
border.
</text>
</paragraph>
<paragraph id="HFAF29F1A9ED8433BA21960BED9D2CB62">
<enum>
(2)
</enum>
<header>
Assessment and
consultation requirements
</header>
<text>
In developing the program under this
subsection, the Secretary shall—
</text>
<subparagraph id="HBAD8B3E9A49546209AB2A83BF34183C7">
<enum>
(A)
</enum>
<text>
consider current
and proposed aerial surveillance technologies;
</text>
</subparagraph>
<subparagraph id="H1259A2F9D75B4D0088755E3CAC3EBE7D">
<enum>
(B)
</enum>
<text>
assess the
feasibility and advisability of utilizing such technologies to address border
threats, including an assessment of the technologies considered best suited to
address respective threats;
</text>
</subparagraph>
<subparagraph id="H6A7AB5ECDA734EE8A5BDCDDA2894527A">
<enum>
(C)
</enum>
<text>
consult with the
Secretary of Defense regarding any technologies or equipment, which the
Secretary may deploy along an international border of the United States;
and
</text>
</subparagraph>
<subparagraph id="HBB94EF0F96004B7992D7AE0C3FF30AF8">
<enum>
(D)
</enum>
<text>
consult with the
Administrator of the Federal Aviation Administration regarding safety, airspace
coordination and regulation, and any other issues necessary for implementation
of the program.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA29B332B92EB493787890C510E56231C">
<enum>
(3)
</enum>
<header>
Authorization of
Appropriations
</header>
<text>
The necessary funds are authorized to be
appropriated to carry out this subsection.
</text>
</paragraph>
</subsection>
<subsection id="H475182E4F4AC443F945D2D34455C5E36">
<enum>
(e)
</enum>
<header>
Integrated and
Automated Surveillance Program
</header>
<paragraph id="H5E2DB6F156404152A5D1116239169C9D">
<enum>
(1)
</enum>
<header>
Requirement for
program
</header>
<text>
Subject to the availability of appropriations, the
Secretary shall establish a program to procure additional unmanned aerial
vehicles, drones, cameras, poles, sensors, satellites, radar coverage, and
other technologies necessary to achieve operational control of the
international borders of the United States and to establish a security
perimeter known as a
<quote>
virtual fence
</quote>
along such international
borders to provide a barrier to illegal immigration.
</text>
</paragraph>
<paragraph id="H5A1A3FDBA0824E1EACA9169F7DC80735">
<enum>
(2)
</enum>
<header>
Program
components
</header>
<text>
The Secretary shall ensure, to the maximum extent
feasible, that—
</text>
<subparagraph id="HB43D94F5EED74FD88D85DF403362DD75">
<enum>
(A)
</enum>
<text>
the technologies
utilized in the Integrated and Automated Surveillance Program are integrated
and function cohesively in an automated fashion, including the integration of
motion sensor alerts and cameras in a manner where a sensor alert automatically
activates a corresponding camera to pan and tilt in the direction of the
triggered sensor;
</text>
</subparagraph>
<subparagraph id="HB726E99C46834C66B00777EEDD7002EA">
<enum>
(B)
</enum>
<text>
cameras utilized
in the program do not have to be manually operated;
</text>
</subparagraph>
<subparagraph id="HD52F67F3D71F46BDBAE90C23F0F97B49">
<enum>
(C)
</enum>
<text>
such camera views
and positions are not fixed;
</text>
</subparagraph>
<subparagraph id="H8089CD2804F445A695FE627A39C9CCE9">
<enum>
(D)
</enum>
<text>
surveillance video
taken by such cameras is able to be viewed at multiple designated
communications centers;
</text>
</subparagraph>
<subparagraph id="H3F5E46A0779949DAB11CBDC38D51CEB3">
<enum>
(E)
</enum>
<text>
a standard process
is used to collect and record, catalog, and report intrusion and response data
collected under the Program;
</text>
</subparagraph>
<subparagraph id="H096D4942748D416B86FEE4F2ECE3BE85">
<enum>
(F)
</enum>
<text>
future remote
surveillance technology investments and upgrades for the program can be
integrated with existing systems;
</text>
</subparagraph>
<subparagraph id="H241B850DA58646BABCCD16C59FE3FC11">
<enum>
(G)
</enum>
<text>
performance
measures are developed and applied that can evaluate whether the program is
providing desired results and increasing response effectiveness in monitoring
and detecting illegal intrusions along the international borders of the United
States;
</text>
</subparagraph>
<subparagraph id="H13F1D2B9D8FD4A6AA440FF8CAB4B58CD">
<enum>
(H)
</enum>
<text>
plans are
developed under the program to streamline site selection and site validation
processes to minimize delays of installing surveillance technology
infrastructure;
</text>
</subparagraph>
<subparagraph id="H77C1EC3F18A44A2595AF9004183063B8">
<enum>
(I)
</enum>
<text>
standards are
developed under the program to expand the shared use of existing private and
governmental structures to install remote surveillance technology
infrastructure where possible;
</text>
</subparagraph>
<subparagraph id="HF9346EA57D494B9385375601117319CE">
<enum>
(J)
</enum>
<text>
standards are
developed under the program to identify and deploy the use of nonpermanent or
mobile surveillance platforms that will increase the Secretary’s mobility and
ability to identify illegal border intrusions; and
</text>
</subparagraph>
<subparagraph id="H97727D68F728473B83671E3E47A7ABE7">
<enum>
(K)
</enum>
<text display-inline="yes-display-inline">
Border Patrol agents respond to each
reported intrusion that appears to involve aliens or smugglers.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2AAA23907A194B1FB56624E7BFB3D457">
<enum>
(3)
</enum>
<header>
Evaluation of
contractors
</header>
<subparagraph id="H2C7856A095564C3E82DF3120C472613E">
<enum>
(A)
</enum>
<header>
Requirement for
standards
</header>
<text>
The Secretary shall develop appropriate standards to
evaluate the performance of any contractor providing goods or services to carry
out the Integrated and Automated Surveillance Program.
</text>
</subparagraph>
<subparagraph id="H6FBADDBCDAF64A57A03647B2360E66EA">
<enum>
(B)
</enum>
<header>
Review by the
Comptroller General of the United States
</header>
<clause id="H786EF209E4AB48B3889CF95A01C8EE65">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The Comptroller
General of the United States shall review each new contract related to the
Program and should report to Congress regarding contracts with a value of more
than $5,000,000 in a timely manner, to determine whether such contract fully
complies with applicable cost requirements, performance objectives, program
milestones, and schedules.
</text>
</clause>
<clause id="H4CBD01EE888C4F01B38E52F882C2E801">
<enum>
(ii)
</enum>
<header>
Reports
</header>
<text display-inline="yes-display-inline">
The Comptroller General of the United
States shall report the findings of each review carried out under clause (i) to
the Secretary in a timely manner.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H4426CB9B655F4B7582855030D40C25AB">
<enum>
(4)
</enum>
<header>
Authorization of
appropriations
</header>
<text>
The necessary funds are authorized to be
appropriated to carry out this subsection.
</text>
</paragraph>
</subsection>
</section>
</subtitle>
<subtitle id="H6692CE363A9A43E689EBFE346FC4F2D0">
<enum>
B
</enum>
<header>
Strategies and
Progress Reports for Securing America’s Borders
</header>
<section id="HAA3A32A4BA3948818DAFC47004399FF9">
<enum>
111.
</enum>
<header>
National
strategy to secure the borders
</header>
<subsection id="H0C807BFB30E0482287408A8B10F9683C">
<enum>
(a)
</enum>
<header>
Requirement for
national strategy
</header>
<text>
The Secretary, in consultation with the heads
of other appropriate Federal agencies, shall develop a national strategy to
secure the borders that describes actions to be carried out to achieve
operational control over all ports of entry into the United States and the
international land and maritime borders of the United States by December 31,
2019.
</text>
</subsection>
<subsection id="H104E30C7F7074757BDD65525C7745400">
<enum>
(b)
</enum>
<header>
Content
</header>
<text>
The
national strategy to secure the borders shall include the following:
</text>
<paragraph id="H45E58F6D9B634B7BA14CBDD97527B9F0">
<enum>
(1)
</enum>
<text>
An assessment of
the threats posed by terrorists and terrorist groups that may try to infiltrate
the United States at locations along the international land and maritime
borders of the United States.
</text>
</paragraph>
<paragraph id="H5BFEE1D280F146A6937398581BB14DBE">
<enum>
(2)
</enum>
<text>
A
risk assessment for all United States ports of entry and all portions of the
international land and maritime borders of the United States that includes a
description of activities being undertaken—
</text>
<subparagraph id="H49C7F3E848534F009CB148AB8B58105E">
<enum>
(A)
</enum>
<text>
to prevent the
entry of terrorists, other unlawful aliens, instruments of terrorism,
narcotics, and other contraband into the United States; and
</text>
</subparagraph>
<subparagraph id="H5D6209428ECC48FAA6412EC338E3EB32">
<enum>
(B)
</enum>
<text>
to protect
critical infrastructure at or near such ports of entry or borders.
</text>
</subparagraph>
</paragraph>
<paragraph id="H65026456E83C42BC8225A6742A8A2B83">
<enum>
(3)
</enum>
<text>
An assessment of
the most appropriate, practical, and cost-effective means of defending the
international land and maritime borders of the United States against threats to
security and illegal transit, including intelligence capacities, technology,
equipment, personnel, and training needed to address security
vulnerabilities.
</text>
</paragraph>
<paragraph id="HB56CB727CA8B4C4580C8C7DBAA097F2C">
<enum>
(4)
</enum>
<text>
An assessment of
staffing needs for all border security functions, taking into account threat
and vulnerability information pertaining to the borders and the impact of new
security programs, policies, and technologies.
</text>
</paragraph>
<paragraph id="H5C468017B6D44056B2166850F8E877C6">
<enum>
(5)
</enum>
<text>
A
description of the border security roles and missions of Federal Government,
State government, local government, and tribal authorities, and recommendations
regarding actions the Secretary can carry out to improve coordination with such
authorities to enable border security and enforcement activities to be carried
out in a more efficient and effective manner.
</text>
</paragraph>
<paragraph id="HED0850E5585A4CB9B1A5A1298578AC01">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
An assessment of existing efforts and
technologies used for border security and the effect of the use of such efforts
and technologies on civil rights, private property rights, privacy rights, and
civil liberties, including an assessment of efforts to take into account asylum
seekers, trafficking victims, unaccompanied minor aliens, refugees and other
vulnerable populations, as well as the effects on Americans living in the
border region and local, State, and Federal law enforcement officers working in
the border region.
</text>
</paragraph>
<paragraph id="H1012F3FC073C4C1D9D28C1E37E0FBF03">
<enum>
(7)
</enum>
<text>
A
prioritized list of research and development objectives to enhance the security
of the international land and maritime borders of the United States.
</text>
</paragraph>
<paragraph id="HB6599C100F284983B3140D78E2E525CD">
<enum>
(8)
</enum>
<text>
A
description of ways to ensure that the free flow of lawful travel and commerce
is not unreasonably diminished by efforts, activities, and programs aimed at
securing the international land and maritime borders of the United
States.
</text>
</paragraph>
<paragraph id="H7D94C173BDC641568E51D57A9587A889">
<enum>
(9)
</enum>
<text>
An assessment of
additional detention facilities and beds that are needed to detain unlawful
aliens apprehended at United States ports of entry or along the international
land borders of the United States.
</text>
</paragraph>
<paragraph id="HE8E52DC6BC934B2E8AB8B09F379871F5">
<enum>
(10)
</enum>
<text>
A description of
the performance metrics to be used to ensure accountability by the bureaus of
the Department in implementing such strategy.
</text>
</paragraph>
<paragraph id="H8EDAA188FF5740FB9DF281F585F5039E">
<enum>
(11)
</enum>
<text>
A schedule for
the implementation of the security measures described in said strategy,
including a prioritization of security measures, realistic deadlines for
addressing the security and enforcement needs, an estimate of the resources
needed to carry out such measures, and a description of how such resources
should be allocated.
</text>
</paragraph>
</subsection>
<subsection id="H746D86D0B8014DCA82A260DEFA0D4E25">
<enum>
(c)
</enum>
<header>
Consultation
</header>
<text>
In
developing the national strategy for border security, the Secretary shall
consult with representatives of—
</text>
<paragraph id="H3A4DD89FD1AC46C98AC5AFE5555C1BDF">
<enum>
(1)
</enum>
<text>
State, local, and
tribal governmental authorities with responsibility for locations along the
international land and maritime borders of the United States; and
</text>
</paragraph>
<paragraph id="H2B49525D009E4EA8BA97E0D3E848587B">
<enum>
(2)
</enum>
<text>
appropriate
private sector entities, nongovernmental organizations, and affected
communities that have expertise in areas related to border security.
</text>
</paragraph>
</subsection>
<subsection id="H3EC3023F68B048C6BA54C6B9EC92650B">
<enum>
(d)
</enum>
<header>
Coordination
</header>
<text>
The
national strategy for border security shall be consistent with the National
Strategy for Maritime Security developed pursuant to Homeland Security
Presidential Directive 13, dated December 21, 2004.
</text>
</subsection>
<subsection id="H20504118A1EE46ADBAC5448915D6E4E3">
<enum>
(e)
</enum>
<header>
Submission to
Congress
</header>
<paragraph id="H4E639C689D5A472D9BD4EF183204B2D8">
<enum>
(1)
</enum>
<header>
Strategy
</header>
<text>
Not
later than December 31, 2014, the Secretary shall submit to Congress the
national strategy for border security.
</text>
</paragraph>
<paragraph id="H6675D3438EA949B8BDB96C01C9129073">
<enum>
(2)
</enum>
<header>
Updates
</header>
<text>
The
Secretary shall submit to Congress any update of such strategy that the
Secretary determines is necessary, not later than 30 days after such update is
developed.
</text>
</paragraph>
</subsection>
<subsection id="HB9F45516DC3644279C87675A7C80916A">
<enum>
(f)
</enum>
<header>
Immediate
Action
</header>
<text>
Nothing in this section may be construed to relieve the
Secretary of the responsibility to take all actions necessary and appropriate
to achieve and maintain operational control over the entire international land
and maritime borders of the United States.
</text>
</subsection>
</section>
<section id="H0E19AC2DB46143E29F0CE57B96418982">
<enum>
112.
</enum>
<header>
Accountable
financing of a secure border initiative
</header>
<subsection id="H24A8BCFEA24949AD8EDBBA566D8528B2">
<enum>
(a)
</enum>
<header>
Comptroller
General of the United States
</header>
<paragraph id="HF7C84721BC7F4011BBE2A83A4B896EB8">
<enum>
(1)
</enum>
<header>
Action
</header>
<text display-inline="yes-display-inline">
If the Comptroller General of the United
States becomes aware of any improper conduct or wrongdoing in the course of
conducting a contract review under the Secure Border Initiative, the
Comptroller General of the United States shall, as expeditiously as
practicable, refer information relating to such improper conduct or wrongdoing
to Congress and to the Secretary of Homeland Security, or to another
appropriate official of the Department of Homeland Security, who shall
determine whether to temporarily suspend the contractor from further
participation in the Secure Border Initiative or make said contract null and
void.
</text>
</paragraph>
<paragraph id="HC2181A4E02534DD09F0BF072917FE25C">
<enum>
(2)
</enum>
<header>
Report
</header>
<text display-inline="yes-display-inline">
Upon the completion of each review
described in paragraph (1), the Comptroller General of the United States shall
submit to Congress and to the Secretary a report containing the findings of the
review, including findings regarding—
</text>
<subparagraph id="H20105ED0F72A49ADB6568DA6378F4B22">
<enum>
(A)
</enum>
<text>
cost
overruns;
</text>
</subparagraph>
<subparagraph id="H9C51061D957D4C3493043082A37C9E92">
<enum>
(B)
</enum>
<text>
significant delays
in contract execution;
</text>
</subparagraph>
<subparagraph id="H15F027243C29433995C84F4BFD94B5BA">
<enum>
(C)
</enum>
<text>
lack of rigorous
departmental contract management;
</text>
</subparagraph>
<subparagraph id="H9151744F133346D09E96A47740253FC7">
<enum>
(D)
</enum>
<text>
insufficient
departmental financial oversight;
</text>
</subparagraph>
<subparagraph id="H4D08C9D765674647B8D8593C35370076">
<enum>
(E)
</enum>
<text>
bundling that
limits the ability of small businesses to compete; or
</text>
</subparagraph>
<subparagraph id="HAE4F2537AB734CE5A9CB91DD3850D6E2">
<enum>
(F)
</enum>
<text>
other high-risk
business practices.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H02AD18CD394748358D8DB723E2F388A0">
<enum>
(b)
</enum>
<header>
Reports by the
Secretary
</header>
<paragraph id="H2EB6E371BB8A4444ADA8909DD3654A56">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Not later than 30 days after the receipt of each report
required under subsection (a)(2), the Secretary shall submit a report to the
Committee on the Judiciary and the Committee on Homeland Security of the House
of Representatives and the Committee on the Judiciary and the Committee on
Homeland Security and Governmental Affairs of the Senate, that describes the
steps the Secretary has taken, or plans to take, to address the problems
identified in such report.
</text>
</paragraph>
<paragraph id="H71730B7C26DE4D15A2332C131E7F6686">
<enum>
(2)
</enum>
<header>
Contracts with
foreign companies
</header>
<text>
Not later than 60 days after the initiation of
each contract action with a company whose headquarters are not based in the
United States, the Secretary shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House of
Representatives, regarding the Secure Border Initiative.
</text>
</paragraph>
</subsection>
<subsection id="H45113A6BEF4A46449A37BF8D8A6EFA51">
<enum>
(c)
</enum>
<header>
Reports on
United States Ports
</header>
<text>
Not later than 60 days after receiving
information regarding a proposed purchase of a contract to manage the
operations of a United States port by a foreign entity, the Secretary of
Homeland Security shall submit a report to Congress that describes—
</text>
<paragraph id="HF128B0804A3A4491B4CF983CFE822DA3">
<enum>
(1)
</enum>
<text>
the proposed
purchase;
</text>
</paragraph>
<paragraph id="HE71D5740F8C84101B919E83B1B60C8F2">
<enum>
(2)
</enum>
<text>
any security
concerns related to the proposed purchase; and
</text>
</paragraph>
<paragraph id="H5B7C7E72D906437CBCF67DFE8D8F1872">
<enum>
(3)
</enum>
<text>
the manner in
which such security concerns have been addressed.
</text>
</paragraph>
</subsection>
</section>
</subtitle>
<subtitle id="HCBE85F2790E74E17B63A7A8E3C2491AB">
<enum>
C
</enum>
<header>
Rapid Response
Measures
</header>
<section id="H23858A6373BA48ADB37E863C5535DF80">
<enum>
121.
</enum>
<header>
Deployment of
border patrol agents
</header>
<subsection id="H637011D9C40B4DA5AED89AD0E5E2D7FD">
<enum>
(a)
</enum>
<header>
Emergency
Deployment of Border Patrol Agents
</header>
<paragraph id="HAFB969EBC18B40EF9D66DD930B0C7057">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
If the Governor of a State on an international border of
the United States declares an international border security emergency and
requests additional agents of the Border Patrol (referred to in this subtitle
as
<quote>
agents
</quote>
) from the Secretary, the Secretary, subject to
paragraphs (2) and (3), may provide the State with not more than 1,000
additional agents for the purpose of patrolling and defending the international
border, in order to prevent individuals from crossing the international border
into the United States at any location other than an authorized port of
entry.
</text>
</paragraph>
<paragraph id="HD12370A058D14E8EA39E92872FA4BA88">
<enum>
(2)
</enum>
<header>
Consultation
</header>
<text>
Upon
receiving a request for agents under paragraph (1), the Secretary, after
consultation with the President, shall grant such request to the extent that
providing such agents will not significantly impair the Department’s ability to
provide border security for any other State.
</text>
</paragraph>
<paragraph id="H5C94DB3AA5204135B9C5214005C49CCA">
<enum>
(3)
</enum>
<header>
Collective
bargaining
</header>
<text>
Emergency deployments under this subsection shall be
made in accordance with all applicable collective bargaining agreements and
obligations under current law.
</text>
</paragraph>
</subsection>
<subsection id="H719AE38B00B3420B9C970DA5AA0B28AF">
<enum>
(b)
</enum>
<header>
Flexible
Deployment of Border Patrol Agents
</header>
<text>
The Secretary shall ensure
that agents are not precluded from performing patrol duties and apprehending
violators of law, except in unusual circumstances if the temporary use of fixed
deployment positions is necessary.
</text>
</subsection>
</section>
<section id="H60F4A3ADD2874B258837D3CB15D2AB82">
<enum>
122.
</enum>
<header>
Border patrol
major assets
</header>
<subsection id="H47C6739ED9C0464BBB44A5B9EE213FCA">
<enum>
(a)
</enum>
<header>
Control of
Department of Homeland Security Assets
</header>
<text>
The Department of Homeland
Security shall have exclusive administrative and operational control over all
the assets utilized in carrying out its mission, including aircraft,
watercraft, vehicles, detention space, transportation, and all of the personnel
associated with such assets.
</text>
</subsection>
<subsection id="HB1F1435BEC434F59A2581B2D6646F874">
<enum>
(b)
</enum>
<header>
Helicopters and
Power Boats
</header>
<paragraph id="H86406BA7AB724EE8AB8AE0A58D3622F7">
<enum>
(1)
</enum>
<header>
Helicopters
</header>
<text display-inline="yes-display-inline">
The Secretary shall increase the number of
helicopters under the control of the Border Patrol and Immigration and Customs
Enforcement (ICE). The Secretary shall ensure that appropriate types and
quantities of helicopters are procured for the various missions being
performed.
</text>
</paragraph>
<paragraph id="H2885ECA7BEF74601A394E4076FBBCB2F">
<enum>
(2)
</enum>
<header>
Power
boats
</header>
<text>
The Secretary shall increase the number of power boats
under the control of the Border Patrol. The Secretary shall ensure that the
types of power boats that are procured are appropriate for both the waterways
in which they are used and the mission requirements.
</text>
</paragraph>
<paragraph id="HE5E2A17BEA694FA095D9A6AD8F58AFD1">
<enum>
(3)
</enum>
<header>
Use and
training
</header>
<text>
The Secretary shall—
</text>
<subparagraph id="H897F0CF1E326469CADC13A802BC0AF8B">
<enum>
(A)
</enum>
<text>
establish an
overall policy on how the helicopters and power boats procured under this
subsection will be used; and
</text>
</subparagraph>
<subparagraph id="H7CAF6C04B9D34083B096064DF47A4B88">
<enum>
(B)
</enum>
<text>
implement training
programs for the agents who use such assets, including safe operating
procedures and rescue operations.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HC94000E9A7A64340975CE3D86C413B90">
<enum>
(c)
</enum>
<header>
Motor
Vehicles
</header>
<paragraph id="HAB851F886B59410A8925AEFFE76E73F4">
<enum>
(1)
</enum>
<header>
Quantity
</header>
<text>
The
Secretary shall establish a fleet of motor vehicles appropriate for use by the
Border Patrol that will permit a ratio of not less than 1 police-type vehicle
for every 4 agents with safety glass and other protections. The Secretary shall
ensure that there are sufficient numbers and types of other motor vehicles to
support the mission of the Border Patrol.
</text>
</paragraph>
<paragraph id="H81A7F7025E8D415A88E3E6DBFD3A73CF">
<enum>
(2)
</enum>
<header>
Features
</header>
<text>
All
motor vehicles purchased for the Border Patrol shall—
</text>
<subparagraph id="HCB708CEFDEA94798A6B2FD6994AD23B0">
<enum>
(A)
</enum>
<text>
be appropriate for
the mission of the Border Patrol; and
</text>
</subparagraph>
<subparagraph id="HE571B1466F3446E093B8B97B7BD0A44F">
<enum>
(B)
</enum>
<text>
have a panic
button and a global positioning system device that is activated solely in
emergency situations to track the location of agents in distress.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="HD00F979B19E1483E9886A4628AD423C8">
<enum>
123.
</enum>
<header>
Electronic
equipment
</header>
<subsection id="H694D6FA4EB6E4FEB9BDF80C6AB1729BA">
<enum>
(a)
</enum>
<header>
Portable
Computers
</header>
<text>
The Secretary shall ensure that each police-type motor
vehicle in the fleet of the Border Patrol is equipped with a portable computer
with access to all necessary law enforcement databases and otherwise suited to
the unique operational requirements of the Border Patrol.
</text>
</subsection>
<subsection id="H471AF45A72C7480A9695847453C83C8E">
<enum>
(b)
</enum>
<header>
Radio
Equipment
</header>
<text display-inline="yes-display-inline">
The Secretary shall
augment the existing radio communications system so that all law enforcement
personnel, including Immigration and Customs Enforcement, working in each area
where Border Patrol operations are conducted have clear and encrypted 2-way
radio communication capabilities at all times. Each portable communications
device shall be equipped with a panic button and a global positioning system
device that is activated solely in emergency situations to track the location
of agents in distress.
</text>
</subsection>
<subsection id="H6DFB14C1D4194A79BF3EBDF570A86F0F">
<enum>
(c)
</enum>
<header>
Handheld Global
Positioning System Devices
</header>
<text>
The Secretary shall ensure that Border
Patrol agents are issued a state-of-the-art handheld global positioning system
device for navigational purposes.
</text>
</subsection>
<subsection id="H55DEC276FC81403FACECB87DEE9F63E2">
<enum>
(d)
</enum>
<header>
Night Vision
Equipment
</header>
<text>
The Secretary shall ensure that sufficient quantities
of state-of-the-art night vision equipment are procured and maintained to
enable each Border Patrol agent working during the hours of darkness to be
equipped with a portable night vision device.
</text>
</subsection>
</section>
<section id="H2AE1DC823DB0426BA4AD1D6EA48DED87">
<enum>
124.
</enum>
<header>
Personal
equipment
</header>
<subsection id="HA1D34C3B568146CBBB48315BA5C96C1D">
<enum>
(a)
</enum>
<header>
Body
Armor
</header>
<text>
The Secretary shall ensure that every agent on duty is
issued high-quality body armor that is appropriate for the climate and risks
faced by the agent. Enough body armor must be purchased to cover every agent in
the field.
</text>
</subsection>
<subsection id="H45F33DCB19FC4B4EAE1AA24C228082F9">
<enum>
(b)
</enum>
<header>
Weapons
</header>
<text display-inline="yes-display-inline">
The Secretary shall ensure that agents are
equipped with weapons that are reliable and effective to protect themselves,
their fellow agents, and innocent third parties from the threats posed by armed
criminals. The Secretary shall ensure that the policies of the Department
authorize all agents to carry weapons that are suited to the potential threats
that they face, and that all agents receive appropriate training in the use of
such weapons.
</text>
</subsection>
<subsection id="H04BD0376FCB943379403EB0F897553E8">
<enum>
(c)
</enum>
<header>
Uniforms
</header>
<text>
The
Secretary shall ensure that all agents are provided with all necessary uniform
items, including outerwear suited to the climate, footwear, belts, holsters,
and personal protective equipment, at no cost to such agents. Such items shall
be replaced at no cost to such agents as such items become worn or
unserviceable or no longer fit properly.
</text>
</subsection>
</section>
<section id="HD1F9B838973F4F2A994488E7134C2F5B">
<enum>
125.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
There are
authorized to be appropriated to the Secretary such sums as may be necessary
for each of the fiscal years 2014 through 2018 to carry out this
subtitle.
</text>
</section>
</subtitle>
<subtitle id="HB855F818236348DBAAE55258F9756A5D">
<enum>
D
</enum>
<header>
Border
Infrastructure and Technology Modernization
</header>
<section id="HBA09B2C12A3341B2AB372D22F2DDE4AA">
<enum>
131.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this subtitle:
</text>
<paragraph id="HC9EA025E13C44F279595964303CA4FB8">
<enum>
(1)
</enum>
<header>
Commissioner
</header>
<text>
The
term
<term>
Commissioner
</term>
means the Commissioner of United States Customs
and Border Protection.
</text>
</paragraph>
<paragraph id="HD5AAD6E4B1154740903DE66F74BE7FBE">
<enum>
(2)
</enum>
<header>
Northern
border
</header>
<text>
The term
<term>
northern border
</term>
means the
international border between the United States and Canada.
</text>
</paragraph>
<paragraph id="HC1DFB1427CDE42FBBF8CE08B1CA39F2F">
<enum>
(3)
</enum>
<header>
Southern
border
</header>
<text>
The term
<term>
southern border
</term>
means the
international border between the United States and Mexico.
</text>
</paragraph>
</section>
<section id="HDA62D1F917164480AEAC9DE3310A4424">
<enum>
132.
</enum>
<header>
Expansion of
commerce security programs
</header>
<subsection id="HA5AA57ECAEB5468485AB68A1D89FB771">
<enum>
(a)
</enum>
<header>
Customs-Trade
Partnership Against Terrorism
</header>
<paragraph id="H9621D18AC16F427BB4DCA37EFFB00C01">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Not later than 180 days after the date of enactment of
this Act, the Commissioner, in consultation with the Secretary, shall develop a
plan to expand the programs of the Customs-Trade Partnership Against Terrorism
established pursuant to section 211 of the SAFE Port Act (
<external-xref legal-doc="usc" parsable-cite="usc/6/961">
6 U.S.C. 961
</external-xref>
),
including adding additional personnel for such programs, along the northern
border and southern border, including the following programs:
</text>
<subparagraph id="H76E99615FDFF4AFDBF3B2EC7999DEE9B">
<enum>
(A)
</enum>
<text>
The Business
Anti-Smuggling Coalition.
</text>
</subparagraph>
<subparagraph id="H3331881BB47548E093E4F7B7BB36DA3C">
<enum>
(B)
</enum>
<text>
The Carrier
Initiative Program.
</text>
</subparagraph>
<subparagraph id="H8213ED2BBC154C359E48EFF0C042C59C">
<enum>
(C)
</enum>
<text>
The Americas
Counter Smuggling Initiative.
</text>
</subparagraph>
<subparagraph id="HC85B68AC6FC342DE810EFC769D446EDF">
<enum>
(D)
</enum>
<text>
The Container
Security Initiative established pursuant to section 205 of the SAFE Port Act (6
U.S.C. 945).
</text>
</subparagraph>
<subparagraph id="HFC496D9631C04D2BA8227DE76FBADAD0">
<enum>
(E)
</enum>
<text>
The Free and
Secure Trade Initiative.
</text>
</subparagraph>
<subparagraph id="H98BFDF9AE4834230A31DC408B5E33C9B">
<enum>
(F)
</enum>
<text>
Other industry
partnership programs administered by the Commissioner.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H3A26AB29C91A45ADB3AE23885D7A5179">
<enum>
(b)
</enum>
<header>
Demonstration
Program
</header>
<text>
Not later than 180 days after the date of enactment of
this Act, the Commissioner shall establish a demonstration program to develop a
cooperative trade security system to improve supply chain security.
</text>
</subsection>
</section>
</subtitle>
<subtitle id="HBB34C1EAF72042D3B53D218F64CB3A53">
<enum>
E
</enum>
<header>
Other Border
Security Initiatives
</header>
<section id="H78D47A619E2B48399C8191E4C57D63BA">
<enum>
141.
</enum>
<header>
Alien smuggling
and terrorism prevention
</header>
<subsection id="H72568F980AB343DC9CF532CC01DA56BB">
<enum>
(a)
</enum>
<header>
Checks against
terrorist watchlist
</header>
<text display-inline="yes-display-inline">
The
Secretary of Homeland Security shall, to the extent practicable, check against
all available terrorist watchlists those persons suspected of alien smuggling
and smuggled individuals who are interdicted at the land, air, and sea borders
of the United States.
</text>
</subsection>
<subsection id="H7C098301A24A4A06A51DF04C97B0FB23">
<enum>
(b)
</enum>
<header>
Strengthening
prosecution and punishment of alien smugglers
</header>
<text>
Section 274(a) of
the Immigration and Nationality Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1324">
8 U.S.C. 1324(a)
</external-xref>
) is amended—
</text>
<paragraph id="H59A04F5C321D4793B9D1149C3BECF77F">
<enum>
(1)
</enum>
<text>
by amending the
subsection heading to read as follows:
<quote>
<header-in-text level="subsection" style="OLC">
Bringing In, Harboring, and Smuggling of
Unlawful and Terrorist Aliens.—
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="H716F889C79D64413ADC3E88E025B2D4A">
<enum>
(2)
</enum>
<text>
by amending
paragraphs (1) through (2) to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HAD7E6802349E4F63AC71BBA716A45584" style="OLC">
<paragraph id="HB06772CB6FE04D7B92C2064949276CA4" indent="up1">
<enum>
(1)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H5B6377B3EB974A52B7C0CF0CC60772A0">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
Whoever, knowing or in reckless disregard
of the fact that an individual is an alien who lacks lawful authority to come
to, enter, or reside in the United States, knowingly—
</text>
<clause id="H1B055182F8414CF28DCB8C5DBADA732D" indent="up1">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
brings that individual to the United States
in any manner whatsoever regardless of any future official action which may be
taken with respect to such individual;
</text>
</clause>
<clause id="HE8CC039353E8439DBA16BCC14A116025" indent="up1">
<enum>
(ii)
</enum>
<text>
recruits, encourages, or induces that
individual to come to, enter, or reside in the United States;
</text>
</clause>
<clause id="H8646FCB7E218481386A5FA24A4BBB423" indent="up1">
<enum>
(iii)
</enum>
<text>
transports or moves that individual
in the United States, in furtherance of their unlawful presence; or
</text>
</clause>
<clause id="HE5C766EFA50C49B5814B84F3944A5FC5" indent="up1">
<enum>
(iv)
</enum>
<text>
harbors, conceals, or shields from
detection the individual in any place in the United States, including any
building or any means of transportation;
</text>
</clause>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
or
attempts or conspires to do so, shall be punished as provided in subparagraph
(C).
</continuation-text>
<subparagraph id="H6213682406F84FCD99339C56E40C0EF4" indent="up1">
<enum>
(B)
</enum>
<text>
Whoever, knowing that an individual
is an alien, brings that individual to the United States in any manner
whatsoever at a place, other than a designated port of entry or place
designated by the Secretary of Homeland Security, regardless of whether such
individual has received prior official authorization to come to, enter, or
reside in the United States and regardless of any future official action which
may be taken with respect to such individual, or attempts or conspires to do
so, shall be punished as provided in subparagraph (C).
</text>
</subparagraph>
<subparagraph id="HD16224DD321349AF9D36A3CCFC4108EA" indent="up1">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
Whoever commits an offense under this
paragraph shall, for each individual in respect to whom such a violation
occurs—
</text>
<clause id="H5576F9993BBF4E05BF7873732CE4D6C9">
<enum>
(i)
</enum>
<text>
if the offense results in the death of
any person, be fined under title 18, United States Code, and subject to the
penalty of death or imprisonment for any term of years or for life;
</text>
</clause>
<clause id="H36B32D1C95F1441DAB9483BE504040F2">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
if the offense involves kidnapping, an
attempt to kidnap, the conduct required for aggravated sexual abuse (as defined
in
<external-xref legal-doc="usc" parsable-cite="usc/18/2241">
section 2241
</external-xref>
of title 18, United States Code, without regard to where it
takes place), or an attempt to commit such abuse, or an attempt to kill, be
fined under title 18, United States Code, or imprisoned for any term of years
or life, or both;
</text>
</clause>
<clause id="HDE3343526D624BD690E0D9919D96041B">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
if the offense involves an individual who
the defendant knew was engaged in or intended to engage in terrorist activity
(as defined in section 212(a)(3)(B)), be fined under title 18, United States
Code, or imprisoned not more than 30 years, or both;
</text>
</clause>
<clause id="HD4BB17879F5848848F3AB956526C5BC4">
<enum>
(iv)
</enum>
<text display-inline="yes-display-inline">
if the offense results in serious bodily
injury (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/18/1365">
section 1365
</external-xref>
of title 18, United States Code) or places
in jeopardy the life of any person, be fined under title 18, United States
Code, or imprisoned not more than 20 years, or both;
</text>
</clause>
<clause id="HB405E49E5E25470C9841ED96E1DDE46D">
<enum>
(v)
</enum>
<text>
if the offense is a violation of
paragraph (1)(A)(i) and was committed for the purpose of profit, commercial
advantage, or private financial gain, or if the offense was committed with the
intent or reason to believe that the individual unlawfully brought into the
United States will commit an offense against the United States or any State
that is punishable by imprisonment for more than 1 year, be fined under title
18, United States Code, and imprisoned, in the case of a first or second
violation, not less than 3 nor more than 10 years, and for any other violation,
not less than 5 nor more than 15 years;
</text>
</clause>
<clause id="H5319A043785A41E79BD810D8DB4AE945">
<enum>
(vi)
</enum>
<text display-inline="yes-display-inline">
if the offense is a violation of paragraphs
(1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was committed for the
purpose of profit, commercial advantage, or private financial gain, be fined
under title 18, United States Code, or imprisoned not more than 10 years, or
both;
</text>
</clause>
<clause id="H30BF52EE9E5B4F919A9076A71699A2FE">
<enum>
(vii)
</enum>
<text>
if the offense involves the transit
of the defendant’s spouse, child, sibling, parent, grandparent, or niece or
nephew, and the offense is not described in any of clauses (i) through (vi), be
fined under title 18, United States Code, or imprisoned not more than 1 year,
or both; and
</text>
</clause>
<clause id="H8F4CB8221A204552ACFE148E2AB5320D">
<enum>
(viii)
</enum>
<text>
in any other case, be fined under
title 18, United States Code, or imprisoned not more than 5 years, or
both.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HCF4C600D006C410BA247E4132BE16443" indent="up1">
<enum>
(2)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H1C1A40EB7CB84319AAD4E28746A938E2">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
There is extraterritorial jurisdiction over
the offenses described in paragraph (1).
</text>
</subparagraph>
<subparagraph id="HF700D1C0AB33437597764AB6AEC201AD" indent="up1">
<enum>
(B)
</enum>
<text>
In a prosecution for a violation of,
or an attempt or conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii),
or (a)(1)(B), that occurs on the high seas, no defense based on necessity can
be raised unless the defendant—
</text>
<clause id="H9AA27A4711B24CF0B333A021D9A3B205">
<enum>
(i)
</enum>
<text>
as soon as practicable, reported to
the Coast Guard the circumstances of the necessity, and if a rescue is claimed,
the name, description, registry number, and location of the vessel engaging in
the rescue; and
</text>
</clause>
<clause id="H51B17FE6F7AB4FFC920567AA7AB35722">
<enum>
(ii)
</enum>
<text>
did not bring, attempt to bring, or
in any manner intentionally facilitate the entry of any alien into the land
territory of the United States without lawful authority, unless exigent
circumstances existed that placed the life of that alien in danger, in which
case the reporting requirement set forth in clause (i) is satisfied by
notifying the Coast Guard as soon as practicable after delivering the alien to
emergency medical or law enforcement personnel ashore.
</text>
</clause>
</subparagraph>
<subparagraph display-inline="no-display-inline" id="H90479EA38ACF4A2189FFBD98175D2283" indent="up1">
<enum>
(C)
</enum>
<text>
It is not a violation of, or an
attempt or conspiracy to violate, clause (iii) or (iv) of paragraph (1)(A), or
paragraph (1)(A)(ii) (except if a person recruits, encourages, or induces an
alien to come to or enter the United States), for a religious denomination
having a bona fide nonprofit, religious organization in the United States, or
the agents or officer of such denomination or organization, to encourage,
invite, call, allow, or enable an alien who is present in the United States to
perform the vocation of a minister or missionary for the denomination or
organization in the United States as a volunteer who is not compensated as an
employee, notwithstanding the provision of room, board, travel, medical
assistance, and other basic living expenses, provided the minister or
missionary has been a member of the denomination for at least one year.
</text>
</subparagraph>
<subparagraph id="H8A4D6F441F314CFF9C825EEED17C7A95" indent="up1">
<enum>
(D)
</enum>
<text>
For purposes of this paragraph and
paragraph (1)—
</text>
<clause id="H03087439EB9B4D82841E245103260176">
<enum>
(i)
</enum>
<text>
the term
<term>
United States
</term>
means the several States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth
of the Northern Mariana Islands, and any other territory or possession of the
United States; and
</text>
</clause>
<clause id="HE0CAA285B290449BAF47F81437B40B12">
<enum>
(ii)
</enum>
<text>
the term
<term>
lawful
authority
</term>
means permission, authorization, or waiver that is expressly
provided for in the immigration laws of the United States or the regulations
prescribed under those laws and does not include any such authority secured by
fraud or otherwise obtained in violation of law or authority that has been
sought but not
approved.
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H74ED190BD6724417A641242263E93885">
<enum>
(c)
</enum>
<header>
Maritime law
enforcement
</header>
<paragraph id="H856BCC255F3B45BDB2B38E73640C899D">
<enum>
(1)
</enum>
<header>
Penalties
</header>
<text display-inline="yes-display-inline">
Subsection (b) of
<external-xref legal-doc="usc" parsable-cite="usc/18/2237">
section 2237
</external-xref>
of title 18,
United States Code, is amended to read as follows:
</text>
<quoted-block id="HBB63A889D15E4BC4B4635BB3EEC24041" style="OLC">
<subsection id="HF67B38ADDBBA46989C3FFC9E1B25B668">
<enum>
(b)
</enum>
<text display-inline="yes-display-inline">
Whoever intentionally violates this section
shall—
</text>
<paragraph id="HDB6D0CAA2F5640BB9F0F9741DD84AF4E">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
if the offense results in death or involves
kidnapping, an attempt to kidnap, the conduct required for aggravated sexual
abuse (as defined in section 2241 without regard to where it takes place), or
an attempt to commit such abuse, or an attempt to kill, be fined under such
title or imprisoned for any term of years or life, or both;
</text>
</paragraph>
<paragraph id="H85F49600E5C44A9F8F450EAABFF23AC5">
<enum>
(2)
</enum>
<text>
if the offense
results in serious bodily injury (as defined in section 1365 of this title) or
transportation under inhumane conditions, be fined under this title, imprisoned
not more than 15 years, or both;
</text>
</paragraph>
<paragraph id="H5FF54175B5724BCB85EEF5C07B41D352">
<enum>
(3)
</enum>
<text>
if the offense is
committed in the course of a violation of section 274 of the Immigration and
Nationality Act (alien smuggling); chapter 77 (peonage, slavery, and
trafficking in persons), section 111 (shipping), 111A (interference with
vessels), 113 (stolen property), or 117 (transportation for illegal sexual
activity) of this title; chapter 705 (maritime drug law enforcement) of title
46, or title II of the Act of June 15, 1917 (chapter 30; 40 Stat. 220), be
fined under this title or imprisoned for not more than 10 years, or both;
and
</text>
</paragraph>
<paragraph id="H39583E2E443F4544A79E3330A9E90114">
<enum>
(4)
</enum>
<text>
in any other case,
be fined under this title or imprisoned for not more than 5 years, or
both.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HB8DBC4A7B05A490D8A8E389B3F00B28A">
<enum>
(2)
</enum>
<header>
Limitation on
necessity defense
</header>
<text>
<external-xref legal-doc="usc" parsable-cite="usc/18/2237">
Section 2237(c)
</external-xref>
of title 18, United States
Code, is amended—
</text>
<subparagraph id="HE6B739B9276F41D7AE793F171201DA33">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
(1)
</quote>
after
<quote>
(c)
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H1127F1A6545A40FF908F20DEEB8014E4">
<enum>
(B)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H6D49FA1688D3432BB4868C89A6772730" style="OLC">
<paragraph id="H332D8CA8FA464AB1936B98CD74DE697E" indent="up1">
<enum>
(2)
</enum>
<text>
In a prosecution for a violation of
this section, no defense based on necessity can be raised unless the
defendant—
</text>
<subparagraph id="H3F3ED75274A146D9843B08124D52FDF1">
<enum>
(A)
</enum>
<text>
as soon as practicable upon reaching
shore, delivered the person with respect to which the necessity arose to
emergency medical or law enforcement personnel;
</text>
</subparagraph>
<subparagraph id="HB7549DBA45B743628EF8085D22E61BDE">
<enum>
(B)
</enum>
<text>
as soon as practicable, reported to
the Coast Guard the circumstances of the necessity resulting giving rise to the
defense; and
</text>
</subparagraph>
<subparagraph id="HB557E716E0A843E99E9A75F94C708DFA">
<enum>
(C)
</enum>
<text>
did not bring, attempt to bring, or in
any manner intentionally facilitate the entry of any alien, as that term is
defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3)), into the land territory of the United States without lawful
authority, unless exigent circumstances existed that placed the life of that
alien in danger, in which case the reporting requirement of subparagraph (B) is
satisfied by notifying the Coast Guard as soon as practicable after delivering
that person to emergency medical or law enforcement personnel
ashore.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="H7BE31C10168941FDAC54B135F6BF84B1">
<enum>
(3)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
<external-xref legal-doc="usc" parsable-cite="usc/18/2237">
Section 2237(e)
</external-xref>
of title 18, United States
Code, is amended—
</text>
<subparagraph id="H184149CFB7634F999DE402B5CC393A59">
<enum>
(A)
</enum>
<text>
by striking
<quote>
and
</quote>
at the end of paragraph (4);
</text>
</subparagraph>
<subparagraph id="HC64CAB6B395C434D962C818C038D415F">
<enum>
(B)
</enum>
<text>
by striking the
period at the end of paragraph (5) and inserting
<quote>
; and
</quote>
;
and
</text>
</subparagraph>
<subparagraph id="HBC9CFF06F9504491BC004FF3ADEC3BAB">
<enum>
(C)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7ED2DB28DCA047709A00621CE19815E9" style="USC">
<paragraph id="H7272D791FDB84D4D8B1CA3F0E8F72BF7">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
the term
<term>
transportation under
inhumane conditions
</term>
means the transportation of persons in an engine
compartment, storage compartment, or other confined space, transportation at an
excessive speed, transportation of a number of persons in excess of the rated
capacity of the means of transportation, or intentionally grounding a vessel in
which persons are being
transported.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H3602046B14F249B480463E82EDECE258">
<enum>
(d)
</enum>
<header>
Amendment to the
sentencing guidelines
</header>
<paragraph id="H6298FBD854E9407E9EE3CA0CD3983C1F">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Pursuant to its authority under
<external-xref legal-doc="usc" parsable-cite="usc/28/994">
section 994
</external-xref>
of title 28,
United States Code, and in accordance with this section, the United States
Sentencing Commission shall review and, if appropriate, amend the sentencing
guidelines and policy statements applicable to persons convicted of alien
smuggling offenses and criminal failure to heave to or obstruction of
boarding.
</text>
</paragraph>
<paragraph id="H078B9B015B4F498F946D7A5689AE21F9">
<enum>
(2)
</enum>
<header>
Considerations
</header>
<text>
In
carrying out this section, the Sentencing Commission, shall—
</text>
<subparagraph id="H1FFFF4C8D756439B9EF928ECB6249291">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
consider providing sentencing enhancements
or stiffening existing enhancements for those convicted of offenses described
in subsection (a) that—
</text>
<clause id="H25DEE2DFC780410DBB89E1BA2C030B83">
<enum>
(i)
</enum>
<text>
involve a pattern
of continued and flagrant violations;
</text>
</clause>
<clause id="HCDE89B242BAA4182AB4F1BAE8F3416E4">
<enum>
(ii)
</enum>
<text>
are
part of an ongoing commercial organization or enterprise;
</text>
</clause>
<clause id="HE6A8A05EC1F54AB1B3963CE5C4AA570A">
<enum>
(iii)
</enum>
<text>
involve aliens
who were transported in groups of 10 or more;
</text>
</clause>
<clause id="H06ED92140679406D96F02E338643BBEB">
<enum>
(iv)
</enum>
<text>
involve the
transportation or abandonment of aliens in a manner that endangered their
lives; or
</text>
</clause>
<clause id="H3254021BB2134D0181D20C045EA7065D">
<enum>
(v)
</enum>
<text display-inline="yes-display-inline">
involve the facilitation of terrorist
activity; and
</text>
</clause>
</subparagraph>
<subparagraph id="HEFBBA8F98B8D4A30B252B475E063563C">
<enum>
(B)
</enum>
<text>
consider
cross-references to the guidelines for Criminal Sexual Abuse and Attempted
Murder.
</text>
</subparagraph>
</paragraph>
<paragraph id="H66855BA754E04BED80C8FE0A8AE7EE17">
<enum>
(3)
</enum>
<header>
Expedited
procedures
</header>
<text>
The Commission may promulgate the guidelines or
amendments under this section in accordance with the procedures set forth in
section 21(a) of the Sentencing Act of 1987, as though the authority under that
Act had not expired.
</text>
</paragraph>
</subsection>
</section>
<section id="HF2149F21A2BF4814BC69A161BD9EBF40">
<enum>
142.
</enum>
<header>
Border security
on certain Federal land
</header>
<subsection id="HA1B81BFF5F0748139387269FF755BB8E">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text>
In
this section:
</text>
<paragraph id="H46539A514249468AA015DC4780468AD4">
<enum>
(1)
</enum>
<header>
Protected
land
</header>
<text>
The term
<term>
protected land
</term>
means land under the
jurisdiction of the Secretary concerned.
</text>
</paragraph>
<paragraph id="HA5BD04474DAC4D18B0D3534C0ACBB71B">
<enum>
(2)
</enum>
<header>
Secretary
concerned
</header>
<text>
The term
<term>
Secretary concerned
</term>
means—
</text>
<subparagraph id="HEE6062509A034CC18F5F54E3FCE1B54E">
<enum>
(A)
</enum>
<text>
with respect to
land under the jurisdiction of the Secretary of Agriculture, the Secretary of
Agriculture; and
</text>
</subparagraph>
<subparagraph id="H452E54BA693444539A763ED4FB6095F0">
<enum>
(B)
</enum>
<text>
with respect to
land under the jurisdiction of the Secretary of the Interior, the Secretary of
the Interior.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HA2CABFF22F3A4C39B08F83FED3125027">
<enum>
(b)
</enum>
<header>
Border
Protection Strategy
</header>
<text>
The Secretary, the Secretary of the Interior,
and the Secretary of Agriculture shall jointly develop a border protection
strategy that supports the border security needs of the United States in the
manner that best protects—
</text>
<paragraph id="H9262F67DD2C34D90ACC88A8A2C63A36A">
<enum>
(1)
</enum>
<text>
units of the
National Park System;
</text>
</paragraph>
<paragraph id="H6BC7CBD933B74BC386D8787B03508C8A">
<enum>
(2)
</enum>
<text>
National Forest
System land;
</text>
</paragraph>
<paragraph id="HDA7247E4DC2C43F5A01B7733ADFE467C">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
land under the jurisdiction of the United
States Fish and Wildlife Service and Bureau of Land Management; and
</text>
</paragraph>
<paragraph id="H3970AE99E28844CC99C6F1F8D290BBD8">
<enum>
(4)
</enum>
<text>
other relevant
land under the jurisdiction of the Secretary of the Interior or the Secretary
of Agriculture.
</text>
</paragraph>
</subsection>
<subsection id="HE9CA16A7A3404B93B48ED3BF2783DDD2">
<enum>
(c)
</enum>
<header>
Additional
uniformed law enforcement officers and special agents of the Department of the
Interior
</header>
<text>
There are authorized to be appropriated to the Secretary
of the Interior for employment of uniformed law enforcement officers and
special agents, in addition to the number of such officers and agents employed
immediately before the enactment of this Act, such sums as may be necessary
for—
</text>
<paragraph id="H956A149A62E246928E633B5A28CF7664">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
22 such officers of the United States Fish
and Wildlife Service, including—
</text>
<subparagraph id="H56A6049ADE9A4AD2A0C29F14C7F137D8">
<enum>
(A)
</enum>
<text>
4 for
California;
</text>
</subparagraph>
<subparagraph id="H3544716660B74672AB9786210E3D7820">
<enum>
(B)
</enum>
<text>
9 for
Arizona;
</text>
</subparagraph>
<subparagraph id="HB6820CE3F46B44B2BB5D57839865FBDC">
<enum>
(C)
</enum>
<text>
2 for New Mexico;
and
</text>
</subparagraph>
<subparagraph id="HE7ED506D22B44F55B24B25F0DDE4EA46">
<enum>
(D)
</enum>
<text>
7 for
Texas;
</text>
</subparagraph>
</paragraph>
<paragraph id="H1F8E0A85FFBF4836A05D41CB0632DD5E">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
2 such agents of the United States Fish and
Wildlife Service, for Texas;
</text>
</paragraph>
<paragraph id="H63B13718ACF048F79E82D8D14CA149EC">
<enum>
(3)
</enum>
<text>
22 such officers
of the National Park Service, including—
</text>
<subparagraph id="H4CCE7A64B52A46E6995BFA31800FBF8B">
<enum>
(A)
</enum>
<text>
13 for Arizona;
and
</text>
</subparagraph>
<subparagraph id="H35D6E29129DC41AA99D5212CC63B926C">
<enum>
(B)
</enum>
<text>
9 for
Texas;
</text>
</subparagraph>
</paragraph>
<paragraph id="HB1A89118F0274C02947BBC7CDB6647DD">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
2 such agents of the National Park Service,
for Texas;
</text>
</paragraph>
<paragraph display-inline="no-display-inline" id="HA2CEDCDE4F7A49EC8A2923842FAC8C12">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
19 such officers of the Bureau of Land
Management, including—
</text>
<subparagraph id="H427BB9321B044AB4BACCFB0F09BBB3C9">
<enum>
(A)
</enum>
<text>
5 for
California;
</text>
</subparagraph>
<subparagraph id="HA3903872A45C42B782ED5F9364CEAC28">
<enum>
(B)
</enum>
<text>
4 for
Arizona;
</text>
</subparagraph>
<subparagraph id="HB18E1B2F252440B58C5BD59E670BE8C5">
<enum>
(C)
</enum>
<text>
4 for New Mexico;
and
</text>
</subparagraph>
<subparagraph id="HA4DC598BBA454D9AAD79A6359C98E30F">
<enum>
(D)
</enum>
<text>
6 for
Texas;
</text>
</subparagraph>
</paragraph>
<paragraph id="H392A3170137A47AEAAC56D779511AC29">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
2 such agents of the Bureau of Land
Management, including—
</text>
<subparagraph id="H12BF82FE027C417CA6014CB6D13010E2">
<enum>
(A)
</enum>
<text>
1 for
California;
</text>
</subparagraph>
<subparagraph id="H4EFE60F94251478AA7E0282232479FED">
<enum>
(B)
</enum>
<text>
2 for Arizona;
and
</text>
</subparagraph>
<subparagraph id="HBF36A1209394465BBCD69F543DC43ED5">
<enum>
(C)
</enum>
<text>
1 for New Mexico;
and
</text>
</subparagraph>
</paragraph>
<paragraph id="H6C17B85435854E2C936AD284F53106B5">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
one such agent of the Bureau of Indian
Affairs, for Texas.
</text>
</paragraph>
</subsection>
<subsection id="HE8909F0B8A144A928D8BE6B74CB88A75">
<enum>
(d)
</enum>
<header>
Additional
Special Assistant United States Attorney
</header>
<text display-inline="yes-display-inline">
There are authorized to be appropriated to
the Attorney General such sums as may be necessary to increase by 1 the number
of special assistant United States attorneys in the district of Arizona
dedicated to prosecution of cases generated by the Secretary of the Interior,
in addition to the number of such attorneys appointed immediately before the
enactment of this Act.
</text>
</subsection>
</section>
</subtitle>
</title>
<title id="H3CD2ECD077B0425FA7FEA08E29934DB4">
<enum>
II
</enum>
<header>
Ending Unlawful
Employment
</header>
<subtitle id="H6CE524C02BEC4532960F2F6568CA4DFE">
<enum>
A
</enum>
<header>
Employee
Verification
</header>
<section id="H787851BD43984828A38C18506DD2A441">
<enum>
201.
</enum>
<header>
Mandatory
employment authorization verification
</header>
<subsection id="H35AA4CDE78B643FB9A52068EAE67DDC7">
<enum>
(a)
</enum>
<header>
Making E-Verify
Program permanent
</header>
<text display-inline="yes-display-inline">
Section
401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (
<external-xref legal-doc="usc" parsable-cite="usc/8/1324a">
8 U.S.C. 1324a
</external-xref>
note) is amended by adding before the period at the end of
the last sentence the following
<quote>
, except that the E-Verify Program
described in section 403(a) shall be a permanent program
</quote>
.
</text>
</subsection>
<subsection id="HDE825C38F0BD4D2EA01BAAA6D080BCCC">
<enum>
(b)
</enum>
<header>
Mandatory use of
E-Verify system
</header>
<paragraph id="H9429AE2B0AC2492483A32847E759F093">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Subject to paragraphs (2) and (3), every person or other
entity that hires one or more individuals for employment in the United States
shall verify through the E-Verify Program, established by section 403(a) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C
of
<external-xref legal-doc="public-law" parsable-cite="pl/104/208">
Public Law 104–208
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/8/1324a">
8 U.S.C. 1324a
</external-xref>
note), that each such individual is
authorized to work in the United States. The Secretary of Homeland Security
shall ensure that verification by means of a toll-free telephone line is an
available option in complying with the preceding sentence.
</text>
</paragraph>
<paragraph id="H95896C97CAC14C19BD227A20C4BD6738">
<enum>
(2)
</enum>
<header>
Select entities
required to use e-verify program immediately
</header>
<text>
The following
entities must satisfy the requirement in paragraph (1) by not later than one
year after the date of the enactment of this Act:
</text>
<subparagraph id="H805C15D91B96401A979965571CF02F2F">
<enum>
(A)
</enum>
<header>
Federal
agencies
</header>
<text>
Each department and agency of the Federal
Government.
</text>
</subparagraph>
<subparagraph id="HCD14F2F0D2764075860D787BAC404E1F">
<enum>
(B)
</enum>
<header>
Federal
contractors
</header>
<text>
A contractor that—
</text>
<clause id="HBF58A9981D2D4A6DAAC2E3241F02AA09">
<enum>
(i)
</enum>
<text>
has
entered into a contract with the Federal Government to which section 2(b)(1) of
the Service Contract Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/41/351">
41 U.S.C. 351(b)(1)
</external-xref>
) applies, and any
subcontractor under such contract; or
</text>
</clause>
<clause id="H7A871FA5CFAB40B181F866A04575C27B">
<enum>
(ii)
</enum>
<text>
has
entered into a contract exempted from the application of such Act by section 6
of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/41/356">
41 U.S.C. 356
</external-xref>
), and any subcontractor under such contract.
</text>
</clause>
</subparagraph>
<subparagraph id="HFE787C19BA5641DEB208BB9C51495202">
<enum>
(C)
</enum>
<header>
Large
employers
</header>
<text display-inline="yes-display-inline">
An employer that
employs more than 250 individuals in the United States.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA97904BE75B841B3AE5A23310C5AA605">
<enum>
(3)
</enum>
<header>
Phasing-in for
other employers
</header>
<subparagraph id="H7E3F052590A14E1FB7612C7B28C2CF67">
<enum>
(A)
</enum>
<header>
Two years for
employers of 100 or more
</header>
<text>
Entities that employ 100 or more
individuals in the United States must satisfy the requirement in paragraph (1)
by not later than two years after the date of the enactment of this Act.
</text>
</subparagraph>
<subparagraph id="H1E9367020DD04EB0A67521240707A2A7">
<enum>
(B)
</enum>
<header>
Three years for
employers with 30 or more employees
</header>
<text>
All entities that employ 30
or more individuals in the United States must satisfy the requirement in
paragraph (1) by not later than three years after the date of the enactment of
this Act.
</text>
</subparagraph>
<subparagraph id="H608A2365EE0F4310A4F9BBCECB993215">
<enum>
(C)
</enum>
<header>
Four years for
all employers
</header>
<text>
All entities that employ one or more individuals in
the United States must satisfy the requirement in paragraph (1) by not later
than four years after the date of the enactment of this Act.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB7523A5CE5A5483C9222AA15FE20F5BC">
<enum>
(4)
</enum>
<header>
Verifying
employment authorization of current employees
</header>
<text>
Every person or
other entity that employs one or more persons in the United States shall verify
through the E-Verify program by not later than four years after the date of the
enactment of this Act that each employee is authorized to work in the United
States.
</text>
</paragraph>
<paragraph id="HA3DFDFCD905240868C4804FF2B402866">
<enum>
(5)
</enum>
<header>
Defense
</header>
<text display-inline="yes-display-inline">
In accordance with section 274A(a)(3) of
the Immigration and Nationality Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1324a">
8 U.S.C. 1324a(a)(3)
</external-xref>
), a person or entity
that establishes that it has complied in good faith with the requirements of
section 274A(b) of such Act with respect to the hiring, recruiting, or referral
for employment of an alien in the United States has established an affirmative
defense that the person or entity has not violated section 274A(a)(1)(A) of
such Act with respect to such hiring, recruiting or referral. Furthermore an
employer who has complied with the requirements in paragraphs (1) and (4) of
this Act shall not be liable for hiring an unauthorized alien, if—
</text>
<subparagraph id="H7247F2ECA24144129A7DD57A62C230E8">
<enum>
(A)
</enum>
<text>
such hiring
occurred due to an error in the E-Verify program that was unknown to the
employer at the time of such hiring; and
</text>
</subparagraph>
<subparagraph id="H3866E12039A048FA97CECDB8A75FBC75">
<enum>
(B)
</enum>
<text>
the employer
terminates the employment of the alien upon being informed of the error.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2FE69432D6B3427096DA3FA557C4BAAD">
<enum>
(6)
</enum>
<header>
Sanctions for
noncompliance
</header>
<text>
The failure of an employer to comply with the
requirements in paragraphs (1) or (4) shall—
</text>
<subparagraph id="HA25D07BCA4F74BBA8F037C6877FEEE79">
<enum>
(A)
</enum>
<text>
be treated as a
violation of section 274A(a)(1)(B) with respect to each offense; and
</text>
</subparagraph>
<subparagraph id="H2D6D3FEE08354445998132F1AC36E600">
<enum>
(B)
</enum>
<text>
create a
rebuttable presumption that the employer has violated section
274A(a)(1)(A).
</text>
</subparagraph>
</paragraph>
<paragraph id="H3F8C4DDD327046A7A989F5840B87C995">
<enum>
(7)
</enum>
<header>
Voluntary
participation of employers not immediately subject to
requirement
</header>
<text>
Nothing in this subsection shall be construed as
preventing a person or other entity that is not immediately subject to the
requirement of paragraph (1) pursuant to paragraph (2) or (3) from voluntarily
using the E-Verify program to verify the employment authorization of new hires
or current employees.
</text>
</paragraph>
<paragraph id="HDD8F36D7F69A48488C1CB83E8F400EBC">
<enum>
(8)
</enum>
<header>
State
interference
</header>
<text display-inline="yes-display-inline">
No State may
prohibit a person or other entity from using the E-Verify program to verify the
employment authorization of new hires or current employees.
</text>
</paragraph>
<paragraph id="H827DA3B753824C229496430657E4FC88">
<enum>
(9)
</enum>
<header>
E-
<enum-in-header>
V
</enum-in-header>
erify
study
</header>
<subparagraph id="HD25069D047B34BED8D344E4DA1897F22">
<enum>
(A)
</enum>
<header>
Findings
</header>
<text display-inline="yes-display-inline">
The Congress finds as follows:
</text>
<clause id="H8715C83B9F164235ACF590DFC38043D7">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
A majority of the 0.4 percent of tentative
non-confirmations that are issued within E-Verify to work authorized
individuals occur due to incorrect or outdated information in the databases
utilized by the system. For instance, an individual may have changed his or her
name legally but has not updated their Social Security information to account
for this change. This person would likely receive a tentative non-confirmation
if their work eligibility were checked using E-Verify.
</text>
</clause>
<clause id="HFA55D39BD55B4050A868EDA92056834D">
<enum>
(ii)
</enum>
<text>
E-Verify already
provides employers and employees with simple and clear instructions on how
inconsistencies in data can be corrected in order to verify the work
eligibility of an employee. However, giving an individual the ability to verify
his or her own employment eligibility in advance of an official E-Verify query
by an employer would allow that individual to correct data errors at his or her
convenience. This may also serve to lessen peak demand on Social Security
Administration field offices.
</text>
</clause>
</subparagraph>
<subparagraph id="HAFC7768E9D4E4B46AC474955FCF98897">
<enum>
(B)
</enum>
<header>
Study
</header>
<text display-inline="yes-display-inline">
The Government Accountability Office shall
conduct a study to examine the potential of a secure method of allowing
individuals to check their own work eligibility, so that they can address
inconsistencies in their personal data that might otherwise cause them to be
issued a tentative non-confirmation by E-Verify. The study shall be published
within 6 months after the date of enactment of this Act.
</text>
</subparagraph>
</paragraph>
<paragraph id="H11517B7B7C7D401A9C5E4BD0C7038E17">
<enum>
(10)
</enum>
<header>
Document fraud
study
</header>
<text display-inline="yes-display-inline">
The Government
Accountability Office shall conduct a study to examine methods to combat
document fraud, theft and forgery in the use and expansion of the E-Verify
program. The report shall make recommendations to the appropriate agencies on
ways to reduce instances of document fraud, theft and forgery. The report shall
be published within six months after enactment of this Act.
</text>
</paragraph>
</subsection>
</section>
<section id="H279BA5A301554C81A1599D7DF0E72079">
<enum>
202.
</enum>
<header>
Monitoring and
compliance
</header>
<subsection id="H7A3286102E3B455895925DE200CB8596">
<enum>
(a)
</enum>
<header>
Enhancing
Monitoring and Compliance of E-Verify
</header>
<text>
The Secretary of the
Department of Homeland Security is authorized take the following actions to
increase the capability and effectiveness of the E-Verify employer Monitoring
and Compliance team within Citizenship and Immigration Services:
</text>
<paragraph id="HCDE3FA0210D94331872AD62BA6CF6F26">
<enum>
(1)
</enum>
<text>
Increase by no
more than 6 the number of fulltime employees dedicated to the development of
thresholds and algorithms and quality assurance procedures for the monitoring
of employer adherence to the conditions that are currently outlined in the
E-Verify Memorandum of Understanding.
</text>
</paragraph>
<paragraph id="H60BFBD94F5C44B8D96193FA42071C452">
<enum>
(2)
</enum>
<text>
Increase as
necessary the number of fulltime employees dedicated to outreach to employers
using E-Verify and the creation of informational tools and corrective action
procedures that will provide compliance assistance to these employers. These
employees may also be utilized in the operation of the toll free compliance
assistance call center.
</text>
</paragraph>
<paragraph id="H2521874652DE4A758330768659D38707">
<enum>
(3)
</enum>
<text>
Establish
procedures for the identification of cases of potential fraud or misuse of
E-Verify.
</text>
</paragraph>
<paragraph id="HF9D70C39A57A4D7E9AF2696DAA04C20E">
<enum>
(4)
</enum>
<text>
Establish
procedures for the sharing of information on these selected cases with
Immigration and Customs Enforcement for further investigation as
necessary.
</text>
</paragraph>
<paragraph id="HF0628E97E07B40318DAE13AE17A1443F">
<enum>
(5)
</enum>
<text>
Report to Congress
within one year of the date of enactment of this Act on the activities of the
Office of Monitoring and Compliance which shall include—
</text>
<subparagraph id="HB21F302FD24842DEB029FD241414F90C">
<enum>
(A)
</enum>
<text>
a description of
the types of fraud and misuse being detected by the thresholds and algorithms
used for employee monitoring within the Office;
</text>
</subparagraph>
<subparagraph id="H27D7085DEB1446BD8F3D030277D876D3">
<enum>
(B)
</enum>
<text>
the number and
type of cases flagged by the Office and referred to Immigration and Customs
Enforcement, as well as the outcome of these cases; and
</text>
</subparagraph>
<subparagraph id="H4E34C3C95AA14CD4937C1844F35DA9D6">
<enum>
(C)
</enum>
<text>
an assessment of
the number and the nature of calls received by the compliance assistance call
center.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H5957A3387D9242CA94A407E687DAAAF5">
<enum>
203.
</enum>
<header>
Mandatory
notification of SSN mismatches and multiple uses
</header>
<subsection id="H09FC53831786495E80D9C6EA63399DCE">
<enum>
(a)
</enum>
<header>
Notification of
multiple uses of individual Social Security numbers
</header>
<text>
Prior to
crediting any individual with concurrent earnings from more than one employer,
the Commissioner of Social Security shall notify the individual that earnings
from two or more employers are being reported under the individual’s Social
Security account number (SSN). Such notice shall include, at a minimum—
</text>
<paragraph id="H796F634BC9F848AD8AF6FE565EAF9913">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
the name and location of each employer
reporting benefits for an individual;
</text>
</paragraph>
<paragraph id="H98096E9EF63D451888E8BD816FD8A912">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
a warning that any inaccuracies in this
information could indicate that the individual’s SSN is being fraudulently used
by another individual;
</text>
</paragraph>
<paragraph id="HF54E9D465F4449F9801550C590C1699F">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
an explanation of any potential risk that
an individual is subject to if his or her SSN has been used or is being used by
someone else; and
</text>
</paragraph>
<paragraph id="HD874666EF8394D1C88D37557A37AAB7D">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
an SSA telephone number that an individual
may call to report inaccuracies in the use of their SSN.
</text>
</paragraph>
</subsection>
<subsection id="H3F85511CA23A4A97AC06D1429DAF7188">
<enum>
(b)
</enum>
<header>
Information
sharing with the Department of Homeland Security
</header>
<paragraph id="HBC2354E692374C5A8B73FE8BDE8ECBBD">
<enum>
(1)
</enum>
<text>
Not later than 180
days following the date of enactment of this act, the Commissioner of Social
Security shall promulgate regulations in accord with section 1306, title 42 (42
U.S.C. 1306), to require that information regarding all multiple use
notifications that lead to the identification of an unauthorized user of a
Social Security account number be shared with the Secretary of the Department
of Homeland Security on a timely basis.
</text>
</paragraph>
<paragraph id="H58D4E0F2DD3848ED898BBC5CC904F818">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
Information to be shared with the Secretary
shall include, at a minimum, the name and mailing address of all employees who
are the subject of an unresolved mismatch notification or who are unauthorized
users of another individual’s Social Security account number. The names and
addresses of the employers of these employees must also be provided.
</text>
</paragraph>
<paragraph id="H5C741735015D447098BD3C03C5FF154F">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
The Secretary shall report to the Congress
annually the number of cases that the Commissioner of Social Security has
shared with the Department of Homeland Security regarding unauthorized users of
a Social Security number and the actions that have been taken to resolve these
cases. The first report shall be presented to Congress 1 year after the passage
of this Act.
</text>
</paragraph>
</subsection>
</section>
<section id="H664F2B184C5A416BB7158E9B31900C6A">
<enum>
204.
</enum>
<header>
Establishment
of electronic birth and death registration systems
</header>
<text display-inline="no-display-inline">
In
consultation with the Secretary of Health and Human Services and the
Commissioner of Social Security, the Secretary shall take the following
actions:
</text>
<paragraph id="H5191820817784DBA97991CC707B7A0CE">
<enum>
(1)
</enum>
<text>
Work with the
States to establish a common data set and common data exchange protocol for
electronic birth registration systems and death registration systems.
</text>
</paragraph>
<paragraph id="H161A737F1E7F43EDACAE6F077197770B">
<enum>
(2)
</enum>
<text>
Coordinate
requirements for such systems to align with a national model.
</text>
</paragraph>
<paragraph id="H1B7A1EBAA61E4A39A78F67AE26B00B5C">
<enum>
(3)
</enum>
<text>
Ensure that fraud
prevention is built into the design of electronic vital registration systems in
the collection of vital event data, the issuance of birth certificates, and the
exchange of data among government agencies.
</text>
</paragraph>
<paragraph id="H85973BBF5578473B80DE1425453E972C">
<enum>
(4)
</enum>
<text>
Ensure that
electronic systems for issuing birth certificates, in the form of printed
abstracts of birth records or digitized images, employ a common format of the
certified copy, so that those requiring such documents can quickly confirm
their validity.
</text>
</paragraph>
<paragraph id="HB79A7810D88649A2A75AB9F2EC7D2FF3">
<enum>
(5)
</enum>
<text>
Establish uniform
field requirements for State birth registries.
</text>
</paragraph>
<paragraph id="HD11B6959B33E40F68D830FD8B627C65E">
<enum>
(6)
</enum>
<text>
Not later than 1
year after the date of the enactment of this Act, establish a process with the
Department of Defense that will result in the sharing of data, with the States
and the Social Security Administration, regarding deaths of United States
military personnel and the birth and death of their dependents.
</text>
</paragraph>
<paragraph id="H19A30CE52B1742FBB8AFB3FA8BCA82D1">
<enum>
(7)
</enum>
<text>
Not later than 1
year after the date of the enactment of this Act, establish a process with the
Department of State to improve registration, notification, and the sharing of
data with the States and the Social Security Administration, regarding births
and deaths of United States citizens abroad.
</text>
</paragraph>
<paragraph id="H93E54F5C23224CBDA9AC5F2D233CE184">
<enum>
(8)
</enum>
<text>
Not later than 3
years after the date of establishment of databases provided for under this
section, require States to record and retain electronic records of pertinent
identification information collected from requestors who are not the
registrants.
</text>
</paragraph>
<paragraph id="HFDE3E2DB4A6A46AE93688F2E4AD6C166">
<enum>
(9)
</enum>
<text>
Not later than 6
months after the date of the enactment of this Act, submit to Congress a report
on whether there is a need for Federal laws to address penalties for fraud and
misuse of vital records and whether violations are sufficiently
enforced.
</text>
</paragraph>
</section>
<section id="HC64A387357184759843734EF61C23D5E">
<enum>
205.
</enum>
<header>
Penalty for
failure to file correct information returns
</header>
<subsection id="HD9F4EFDDC5DD4EEFAF9E266532970F4B">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 6721 of the
Internal Revenue Code of 1986 (
<external-xref legal-doc="usc" parsable-cite="usc/26/6721">
26 U.S.C. 6721
</external-xref>
) is amended by adding at the end
the following:
</text>
<quoted-block id="H0CF163898D2140FFB8CA47811EA01D68" style="OLC">
<subsection id="H3C4F14F19CA34C6885A5ACBEEF9A5299">
<enum>
(g)
</enum>
<header>
Most egregious
noncompliant employers
</header>
<text>
The Secretary shall assess the maximum
allowable penalties on 100 percent of the employers designated in any tax year
by the Social Security Administration as the most egregious noncompliant
employers.
</text>
</subsection>
<subsection id="H9212BF3A21E049EABCE7CD0873D59623">
<enum>
(h)
</enum>
<header>
Employment of
alien not authorized To be employed
</header>
<text>
Notwithstanding any other
provision in this section, in the case of a failure described in subsection
(a)(2) with respect to any person employing an alien not authorized to be so
employed, the penalty under this section shall be determined in accordance with
the following table:
</text>
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.0" subformat="S6211" table-template-name="Generic: 3 text, even cols" table-type="">
<tgroup cols="3" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="10.10.10">
<colspec coldef="txt" colname="column1" colwidth="148.50pt" min-data-value="100"/>
<colspec coldef="txt" colname="column2" colwidth="111.75pt" min-data-value="100"/>
<colspec coldef="txt-no-ldr" colname="column3" colwidth="115.50pt" min-data-value="100"/>
<thead>
<row>
<entry align="center" colname="column1" morerows="0" namest="column1">
In the case of—
</entry>
<entry align="center" colname="column2" morerows="0" namest="column2">
Not less than—
</entry>
<entry align="center" colname="column3" morerows="0" namest="column3">
Not more than—
</entry>
</row>
</thead>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" stub-definition="txt-ldr" stub-hierarchy="1">
The
first offense
</entry>
<entry align="left" colname="column2" leader-modify="force-ldr">
$2,500
</entry>
<entry align="left" colname="column3" leader-modify="clr-ldr">
$5,000
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" stub-definition="txt-ldr" stub-hierarchy="1">
The
second offense
</entry>
<entry align="left" colname="column2" leader-modify="force-ldr">
$7,500
</entry>
<entry align="left" colname="column3" leader-modify="clr-ldr">
$10,000
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="force-ldr" stub-definition="txt-ldr" stub-hierarchy="1">
The
third offense
</entry>
<entry align="left" colname="column2" leader-modify="force-ldr">
$25,000
</entry>
<entry align="left" colname="column3" leader-modify="clr-ldr">
$40,000.
</entry>
</row>
</tbody>
</tgroup>
</table>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H3409945A0672407AB920FB3FFAC07A35">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<text display-inline="yes-display-inline">
The amendment made by
subsection (a) shall apply to with respect to information returns required to
be filed for years beginning after December 31, 2012.
</text>
</subsection>
</section>
<section id="H0848DB67EBB1444587E523F07008F9D7">
<enum>
206.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
There are
authorized to be appropriated such sums as may be required to carry out this
subtitle.
</text>
</section>
</subtitle>
<subtitle id="H742B0E8EE80047888D62D576A06AC8C5">
<enum>
B
</enum>
<header>
Nondeductibility
of Wages Paid to Unauthorized Aliens
</header>
<section id="HA035B27CA25A457BA5D7D81B993A1C44">
<enum>
211.
</enum>
<header>
Clarification
that wages paid to unauthorized aliens may not be deducted from gross
income
</header>
<subsection id="H238FBFD63DA04656BF8F12C5B4357BD5">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Subsection (c) of section 162 of the Internal Revenue
Code of 1986 (relating to illegal bribes, kickbacks, and other payments) is
amended by adding at the end the following new paragraph:
</text>
<quoted-block id="H0D2814AF5C364809882827897640C724" style="OLC">
<paragraph id="H1C7895315B5245D79899261F2E5E89BA">
<enum>
(4)
</enum>
<header>
Wages paid to or
on behalf of unauthorized aliens
</header>
<subparagraph id="H0517BF1CCA6542E380FEA822AC1D3D3A">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
No deduction shall be allowed under subsection (a) for
any wage paid to or on behalf of an unauthorized alien, as defined under
section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C.
1324a(h)(3)).
</text>
</subparagraph>
<subparagraph id="HA4E03FCFFA5C4A52A3CFDF4D5D40CCDE">
<enum>
(B)
</enum>
<header>
Wages
</header>
<text>
For
the purposes of this paragraph, the term
<term>
wages
</term>
means all
remuneration for employment, including the cash value of all remuneration
(including benefits) paid in any medium other than cash.
</text>
</subparagraph>
<subparagraph id="H068E4D010CFC40D0AEBB96632EA66C72">
<enum>
(C)
</enum>
<header>
Safe
harbor
</header>
<text>
If a person or other entity is participating in the
E-Verify Program described in section 403 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (
<external-xref legal-doc="usc" parsable-cite="usc/8/1324a">
8 U.S.C. 1324a
</external-xref>
note) and obtains
confirmation of identity and employment eligibility in compliance with the
terms and conditions of the program with respect to the hiring (or recruitment
or referral) of an employee, subparagraph (A) shall not apply with respect to
wages paid to such
employee.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HB33FFF3C3A3A4A71A6CD82BFDCE16DE5">
<enum>
(b)
</enum>
<header>
Six-Year
limitation on assessment and collection
</header>
<text>
Subsection (c) of section
6501 of such Code (relating to exceptions) is amended by adding at the end the
following new paragraph:
</text>
<quoted-block id="HAF8F60512AE947E0AFB33D484BEDECBA" style="OLC">
<paragraph id="H7EE3697AB85A48708CD5BE466509A865">
<enum>
(12)
</enum>
<header>
Deduction
claimed for wages paid to unauthorized aliens
</header>
<text>
In the case of a
return of tax on which a deduction is shown in violation of section 162(c)(4),
any tax under chapter 1 may be assessed, or a proceeding in court for the
collection of such tax may be begun without assessment, at any time within 6
years after the return was
filed.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H50A04742BB564FF5BAAA7C9B67AC703A">
<enum>
(c)
</enum>
<header>
Use of
documentation for enforcement purposes
</header>
<text>
Section 274A of the
Immigration and Nationality Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1324a">
8 U.S.C. 1324a
</external-xref>
) is amended—
</text>
<paragraph id="HC524AE22D8064BA386CFA376FD155911">
<enum>
(1)
</enum>
<text>
in subparagraph
(b)(5), by inserting
<quote>
, section 162(c)(4) of the Internal Revenue Code of
1986,
</quote>
after
<quote>
enforcement of this Act
</quote>
;
</text>
</paragraph>
<paragraph id="H5020CAFC0EC34BC6B53158B9D07762C7">
<enum>
(2)
</enum>
<text>
in subparagraph
(d)(2)(F), by inserting
<quote>
, section 162(c)(4) of the Internal Revenue Code
of 1986,
</quote>
after
<quote>
enforcement of this Act
</quote>
; and
</text>
</paragraph>
<paragraph id="H0AB0883EC77C489682C385A751C92405">
<enum>
(3)
</enum>
<text>
in subparagraph
(d)(2)(G), by inserting
<quote>
section 162(c)(4) of the Internal Revenue Code
of 1986 or
</quote>
after
<quote>
or enforcement of
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H98D2536CC6684DEEA8EE72028A303439">
<enum>
(d)
</enum>
<header>
Availability of
information
</header>
<paragraph id="H3505D61EA3ED41FCB8BC6A4F5F9FFB30">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Commissioner of Social Security, the Secretary of the
Department of Homeland Security, and the Secretary of the Treasury, shall
jointly establish a program to share information among such agencies that may
or could lead to the identification of unauthorized aliens (as defined under
section 274A(h)(3) of the Immigration and Nationality Act), including any
no-match letter, any information in the earnings suspense file, and any
information in the investigation and enforcement of section 162(c)(4) of the
Internal Revenue Code of 1986.
</text>
</paragraph>
<paragraph id="H0E34DCD165244B47A3802AFD3D92B75C">
<enum>
(2)
</enum>
<header>
Disclosure by
Secretary of the Treasury
</header>
<subparagraph id="H4A4404D6DB4D4FCE9B8AADF3CB1A45DD">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Subsection (i) of section 6103 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
</text>
<quoted-block id="H3751C1EFD8B04B6BA0A74F9F2C7B9C08" style="OLC">
<paragraph id="HA27B2324CACD4A12A5968436921E010A">
<enum>
(9)
</enum>
<header>
Payment of wages
to unauthorized aliens
</header>
<text>
Upon request from the Commissioner of the
Social Security Administration or the Secretary of the Department of Homeland
Security, the Secretary shall disclose to officers and employees of such
Administration or Department—
</text>
<subparagraph id="H2279825378DF49F98508686183C97257">
<enum>
(A)
</enum>
<text>
taxpayer identity
information of employers who paid wages with respect to which a deduction was
not allowed by reason of section 162(c)(4), and
</text>
</subparagraph>
<subparagraph id="H8DCC8D90510A4C1D8D85C989FF05D4F4">
<enum>
(B)
</enum>
<text>
taxpayer identity
information of individuals to whom such wages were paid, for purposes of
carrying out any enforcement activities of such Administration or Department
with respect to such employers or
individuals.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H48C4CC525D864F658D03A02044984C7E">
<enum>
(B)
</enum>
<header>
Recordkeeping
</header>
<text>
Paragraph
(4) of section 6103(p) of such Code is amended—
</text>
<clause id="H9D8DAAB37E404C9D909699BCF062B966">
<enum>
(i)
</enum>
<text>
by
striking
<quote>
(5), or (7)
</quote>
in the matter preceding subparagraph (A)
and inserting
<quote>
(5), (7), or (9)
</quote>
, and
</text>
</clause>
<clause id="H8F22EF92527848C7BC3F147C1B7B29DC">
<enum>
(ii)
</enum>
<text>
by
striking
<quote>
(5) or (7)
</quote>
in subparagraph (F)(ii) and inserting
<quote>
(5), (7), or (9)
</quote>
.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H0CCFD670DAEB41AEB96AFDE443A2F697">
<enum>
(e)
</enum>
<header>
Effective
date
</header>
<paragraph id="HF03680F6DE764D5ABD0BE054CDD8351E">
<enum>
(1)
</enum>
<text>
Except as provided
in paragraph (2), this Act and the amendments made by this Act shall take
effect on the date of the enactment of this Act.
</text>
</paragraph>
<paragraph id="H757C968B1CFD4E6E800FCF88BEC376D2">
<enum>
(2)
</enum>
<text>
The amendments
made by subsections (a) and (b) shall apply to taxable years beginning after
December 31, 2013.
</text>
</paragraph>
</subsection>
</section>
</subtitle>
</title>
<title id="H914B94292F1C42769F0A208ED14CF711">
<enum>
III
</enum>
<header>
Enhancing and
Utilizing Current Interior Enforcement Methods
</header>
<section id="H4B26837DF9E14F4EB22FC00A0A74F7AC">
<enum>
301.
</enum>
<header>
Increase
investigative efforts
</header>
<subsection id="H14B3539C1D564C96AB7A070A02607C50">
<enum>
(a)
</enum>
<header>
Federal
agents
</header>
<text>
An increase of personnel and resources will be needed to
successfully enforce U.S. immigration laws and punish those who violate them.
To this end, sufficient funds are authorized to be appropriated to employ 1,150
additional Immigration and Customs Enforcement Agents.
</text>
</subsection>
<subsection id="HBEC8505CD99D4373B5F37E8A2899091C">
<enum>
(b)
</enum>
<header>
Criminal alien
program (CAP)
</header>
<text>
An additional 140 CAP officers are authorized to
identify and remove criminal aliens encountered in Federal, State, and local
detention facilities.
</text>
</subsection>
<subsection id="HE2B9908A3A9C4C8885A9E48A03563471">
<enum>
(c)
</enum>
<header>
State and local
law enforcement support
</header>
<text>
The Secretary of Homeland Security shall
take necessary steps to allow for the training of a minimum of 250 State and
local law enforcement officers in Federal immigration law enforcement
procedure. This would be an expansion of an already active and successful
program.
</text>
</subsection>
</section>
<section id="H159DB25F40C34C4D82E4811B8F87A8B1">
<enum>
302.
</enum>
<header>
Increased
oversight of agents
</header>
<text display-inline="no-display-inline">
To ensure
the ability of Immigration and Customs Enforcement (ICE) and Customs and Border
Patrol (CBP) to enforce integrity and ethical behavior throughout their
expanded ranks, the Secretary of Homeland Security shall add no fewer than 8
Special Agents to the Office of Professional Responsibility.
</text>
</section>
<section id="H5CC047EAAECD472B87B99CE1AA1C799F">
<enum>
303.
</enum>
<header>
Border relief
grant program
</header>
<subsection id="H5809E24387F74B22813DFB1030700184">
<enum>
(a)
</enum>
<header>
In
General
</header>
<text>
From amounts made available under section 304, the
Secretary of Homeland Security may make grants to—
</text>
<paragraph id="H5278E36074414B588982C3F5A7E1A3F6">
<enum>
(1)
</enum>
<text>
sheriffs’ offices
of counties any part of which is within 25 miles of the southern border of the
United States; and
</text>
</paragraph>
<paragraph id="H64686218B8734DD7860C2B08B56FB958">
<enum>
(2)
</enum>
<text>
police departments
serving a city, town, or other political subdivision in a county any part of
which is within 25 miles of the southern border of the United States (including
tribal police departments serving a community any part of which is within 25
miles of such border).
</text>
</paragraph>
</subsection>
<subsection id="HF67E849DABE842BD8CF134929BD59DC7">
<enum>
(b)
</enum>
<header>
Use of
Funds
</header>
<paragraph id="H87D1B8757A754A3982A6D2A0CEFF5093">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Grant funds received under subsection (a) may be used for
the following:
</text>
<subparagraph id="H3BF02CA5D7A44A3192151912B7FB91D5">
<enum>
(A)
</enum>
<text>
To conduct law
enforcement operations in order to enforce criminal laws, prevent and punish
criminal activity, and protect the lives, property, and security of the people
within the jurisdiction of the grant recipient.
</text>
</subparagraph>
<subparagraph id="HB63BF76A43744B4DBD755AD63ED60E3E">
<enum>
(B)
</enum>
<text>
To transfer aliens
detained or in the custody of the grant recipient who are not lawfully present
in the United States to appropriate Federal law enforcement officials.
</text>
</subparagraph>
<subparagraph id="HC9564CDCE47B43BBA467202D10335159">
<enum>
(C)
</enum>
<text>
To enforce State
and Federal laws relating to controlled substance trafficking and enforce other
State and Federal criminal laws.
</text>
</subparagraph>
</paragraph>
<paragraph id="H9DEAB5225D61436790C3249B4EAA9F12">
<enum>
(2)
</enum>
<header>
Payment of
costs
</header>
<text>
Use of funds under paragraph (1) shall include payment for
costs of—
</text>
<subparagraph id="HF308FD77FD4C43C9B2679FE1729254AB">
<enum>
(A)
</enum>
<text>
hiring, equipping,
training, and otherwise controlling the operations and deployment of, law
enforcement officials engaged in duties described in paragraph (1), as well as
the costs of paying overtime to such officials; and
</text>
</subparagraph>
<subparagraph id="HF0DC01EA57DC47A4A5F75108C68EBBE6">
<enum>
(B)
</enum>
<text>
detaining,
housing, and transporting aliens who are not lawfully present in the United
States, and who are taken into custody by the grant recipient, until the aliens
are transferred to appropriate Federal law enforcement officials.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3B4D64B90DEE480A8070CDB166031E73">
<enum>
(3)
</enum>
<header>
Detention
facilities
</header>
<text>
In accordance with paragraph (2)(B), grant funds
received under subsection (a) may be used for the construction, maintenance,
and operation of detention facilities to detain aliens who are unlawfully
present in the United States, except that not more than 20 percent of such
funds may be used for the construction or renovation of detention or similar
facilities.
</text>
</paragraph>
</subsection>
<subsection id="H401EAC2E7AD84D609141DA49A7B0B0C6">
<enum>
(c)
</enum>
<header>
Application
</header>
<paragraph id="H6D16E1E51B084332B471430055D8CF7F">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Each eligible law enforcement agency seeking a grant
under this section shall submit an application to the Secretary of Homeland
Security at such time, in such manner, and accompanied by such information as
the Secretary of Homeland Security may reasonably require.
</text>
</paragraph>
<paragraph id="HDD6244E895604324A49AEA75F2EF6F7C">
<enum>
(2)
</enum>
<header>
Contents
</header>
<text>
Each
application submitted pursuant to paragraph (1) shall—
</text>
<subparagraph id="HB6425D0535B04C32B0F2AC96552EF5C2">
<enum>
(A)
</enum>
<text>
describe the
activities for which assistance under this section is sought; and
</text>
</subparagraph>
<subparagraph id="H7E1D9C21308D433782C029F2B5196537">
<enum>
(B)
</enum>
<text>
provide such
additional assurances as the Secretary of Homeland Security determines to be
essential to ensure compliance with the requirements of this section.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H8E745B0797E54612B1C03EC50E59FF06">
<enum>
304.
</enum>
<header>
Authorization
of appropriations
</header>
<text display-inline="no-display-inline">
There are
authorized to be appropriated to the Secretary of Homeland Security to carry
out this section $200,000,000 for fiscal year 2014 and each succeeding fiscal
year.
</text>
</section>
<section id="H898E3B45DCE44E318B3DC432F44F3C41">
<enum>
305.
</enum>
<header>
Regulations
</header>
<text display-inline="no-display-inline">
Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall issue
regulations to carry out this Act.
</text>
</section>
<section id="HE8C3203B60DE4EBBA471A36FC0D0A5E4">
<enum>
306.
</enum>
<header>
Rewards
program
</header>
<subsection id="H9B5FC331DAE34E66B778B242A31311E7">
<enum>
(a)
</enum>
<header>
Rewards
program
</header>
<text>
Section 274 (
<external-xref legal-doc="usc" parsable-cite="usc/8/1324">
8 U.S.C. 1324
</external-xref>
) is amended by adding at the
end the following:
</text>
<quoted-block id="H270B5FCDB34D45A783491088819BE245" style="OLC">
<subsection id="H4625C8F1E33544529324BACECEBAB85F">
<enum>
(f)
</enum>
<header>
Rewards
program
</header>
<paragraph id="H25AA61F6AAFF4F379ED9CA4C15CAE033">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
There is established in the Department of Homeland
Security a program for the payment of rewards to carry out the purposes of this
section.
</text>
</paragraph>
<paragraph id="H271D047D15E34D72836A96F9C5B55C75">
<enum>
(2)
</enum>
<header>
Purpose
</header>
<text>
The
rewards program shall be designed to assist in the elimination of commercial
operations to produce or sell fraudulent documents to be used for entering or
remaining in the United States unlawfully and to assist in the investigation,
prosecution, or disruption of a commercial alien smuggling operation.
</text>
</paragraph>
<paragraph id="H7171B83340E346DE8A72DA7FDEC2C398">
<enum>
(3)
</enum>
<header>
Administration
</header>
<text>
The
rewards program shall be administered by the Secretary of Homeland Security, in
consultation, as appropriate, with the Attorney General and the Secretary of
State.
</text>
</paragraph>
<paragraph id="H2164344842A4453DBA1EEC51A1D2130A">
<enum>
(4)
</enum>
<header>
Rewards
authorized
</header>
<text>
In the sole discretion of the Secretary of Homeland
Security, such Secretary, in consultation, as appropriate, with the Attorney
General and the Secretary of State, may pay a reward to any individual who
furnishes information or testimony leading to—
</text>
<subparagraph id="HAEF0D445D96644908AEB586719CBB99A">
<enum>
(A)
</enum>
<text>
the arrest or
conviction of any individual conspiring or attempting to produce or sell
fraudulent documents to be used for entering or remaining in the United States
unlawfully or to commit an act of commercial alien smuggling involving the
transportation of aliens;
</text>
</subparagraph>
<subparagraph id="HBD7CD406619B4E9D8771922C8E5E98B6">
<enum>
(B)
</enum>
<text>
the arrest or
conviction of any individual committing such an act;
</text>
</subparagraph>
<subparagraph id="H090FB7A61DBC41F7962FA1BF85A15D11">
<enum>
(C)
</enum>
<text>
the arrest or
conviction of any individual aiding or abetting the commission of such an
act;
</text>
</subparagraph>
<subparagraph id="H2525179589AD4891A0A1FD88415FBF16">
<enum>
(D)
</enum>
<text>
the prevention,
frustration, or favorable resolution of such an act, including the dismantling
of an operation to produce or sell fraudulent documents to be used for entering
or remaining in the United States, or commercial alien smuggling operations, in
whole or in significant part; or
</text>
</subparagraph>
<subparagraph id="H90D817E2717447F387CE7A63E7A5FB89">
<enum>
(E)
</enum>
<text>
the identification
or location of an individual who holds a key leadership position in an
operation to produce or sell fraudulent documents to be used for entering or
remaining in the United States unlawfully or a commercial alien smuggling
operation involving the transportation of aliens.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB567CAA987F24B71AD0698C2F922E774">
<enum>
(5)
</enum>
<header>
Authorization of
Appropriations
</header>
<text>
There are authorized to be appropriated such sums
as may be necessary to carry out this subsection. Amounts appropriated under
this paragraph shall remain available until expended.
</text>
</paragraph>
<paragraph id="H4149F719D57F4A9FA3065529B034894D">
<enum>
(6)
</enum>
<header>
Ineligibility
</header>
<text>
An
officer or employee of any Federal, State, local, or foreign government who,
while in performance of his or her official duties, furnishes information
described in paragraph (4) shall not be eligible for a reward under this
subsection for such furnishing.
</text>
</paragraph>
<paragraph id="H9E95625F2E1D4A89848EB0E96823D4AB">
<enum>
(7)
</enum>
<header>
Protection
measures
</header>
<text>
If the Secretary of Homeland Security, the Secretary of
State, or the Attorney General determines that an individual who furnishes
information or testimony described in paragraph (4), or any spouse, child,
parent, son, or daughter of such an individual, must be protected, such
official may take such lawful action as the official considers necessary to
effect such protection.
</text>
</paragraph>
<paragraph id="H497EB65F422F479B91BB8B3B011D2187">
<enum>
(8)
</enum>
<header>
Limitations and
certification
</header>
<subparagraph id="H589F857F7F7A406EB62966364DADF709">
<enum>
(A)
</enum>
<header>
Maximum
amount
</header>
<text>
No reward under this subsection may exceed
$100,000.
</text>
</subparagraph>
<subparagraph id="H99B8F1E20B9D4A909685F4A050D37DC4">
<enum>
(B)
</enum>
<header>
Approval
</header>
<text>
Any
reward under this subsection exceeding $50,000 shall be personally approved by
the Secretary of Homeland Security.
</text>
</subparagraph>
<subparagraph id="H71B57B3CBDE943D89764EA998D4CCFE7">
<enum>
(C)
</enum>
<header>
Certification
for payment
</header>
<text>
Any reward granted under this subsection shall be
certified for payment by the Secretary of Homeland Security.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5B4AE7C4807842839B156736B35D5CDD">
<enum>
(9)
</enum>
<header>
Publicity
</header>
<text>
The
Department of Homeland Security shall be responsible for developing and
implementing an advertising strategy to make known the rewards described within
this section in order to solicit
informants.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HCB5FC00701A948D298AF26A30C573229">
<enum>
307.
</enum>
<header>
Increased
detention facilities for aliens apprehended for illegal entry
</header>
<subsection id="H09B3B38C52BD437F92E91019BABA55FE">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Secretary of Homeland Security shall make
arrangements for the availability of 8,000 additional beds for detaining aliens
taken into custody by immigration officials.
</text>
</subsection>
<subsection id="HD668CF98F2F64067A19082999458CC77">
<enum>
(b)
</enum>
<header>
Implementation
</header>
<text>
Efforts
shall be made to—
</text>
<paragraph id="HD4E4F0208A564A559CD2DC99C5771F55">
<enum>
(1)
</enum>
<text>
contract private
facilities whenever possible to promote efficient use and to limit the Federal
Government’s maintenance of and liability for additional infrastructure;
</text>
</paragraph>
<paragraph id="HC65AC540C17146F8AFA07C0E8498CEE6">
<enum>
(2)
</enum>
<text>
utilize State and
local facilities for the provision of additional beds; and
</text>
</paragraph>
<paragraph id="H86DAEDF24E4A4B2FBD3673DD14DC4E35">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
utilize BRAC facilities or active duty
facilities.
</text>
</paragraph>
</subsection>
<subsection id="H516C055470594687B1E9D1FB454B599B">
<enum>
(c)
</enum>
<header>
Construction
</header>
<text>
The
Department of Homeland Security shall construct facilities as necessary to meet
the remainder of the 8,000 new beds to be provided.
</text>
</subsection>
<subsection id="H2E13BC1A74934D71B152690794498727">
<enum>
(d)
</enum>
<header>
Responsibilities
</header>
<text display-inline="yes-display-inline">
The Secretary of Homeland Security shall be
responsible for providing humane conditions, health care, nutrition, and
psychological services, as well as education for minors.
</text>
</subsection>
<subsection id="H6B734F36DBC74B8BB6273CCFC0EE8C45">
<enum>
(e)
</enum>
<header>
Authorization
</header>
<text>
All
funds necessary to accomplish the directives within this section are authorized
to be appropriated.
</text>
</subsection>
</section>
<section id="H6E0508B0DBE143B28291EB15D86DD306">
<enum>
308.
</enum>
<header>
Additional
Immigration Judgeships and law clerks
</header>
<subsection id="H6DBBC31AA8A949E68AF986C315BAC713">
<enum>
(a)
</enum>
<header>
Judgeships
</header>
<text display-inline="yes-display-inline">
The Attorney General shall create and fill
twenty additional Immigration Judgeships within 6 months after the date of
enactment of this Act.
</text>
</subsection>
<subsection id="HA2103909CE844D909F374C8CC7D7B9C2">
<enum>
(b)
</enum>
<header>
Clerkships
</header>
<text>
The
Attorney General shall also ensure that for every two Immigration Judges there
shall be no fewer than one law clerk dedicated to assisting Immigration
Judges.
</text>
</subsection>
</section>
<section id="H3CE0FC47957C46CA89B8237B1E88C5D1">
<enum>
309.
</enum>
<header>
Media
campaign
</header>
<subsection id="H278A33E9318E42E08910DED4B235E046">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Secretary of Labor and the Secretary of Homeland
Security shall develop strategies to inform the public of changes in
immigration policies created by provisions in this legislation.
</text>
</subsection>
<subsection id="HADBCA57AC2CC4A009B355B655D3D6750">
<enum>
(b)
</enum>
<header>
Notification of
changes to employment verification process
</header>
<text>
The Secretary of Labor
shall employ, at his or her discretion, a combination of multilingual print,
television, Internet, and radio media to notify employers of changes to the
employment verification process. Announcements should encourage compliance with
new legislation and should explain penalties for noncompliance with provisions
within this Act.
</text>
</subsection>
<subsection id="HCE0DC453D41F4035BE1FF5AEB55B4248">
<enum>
(c)
</enum>
<header>
Multilingual
media campaign
</header>
<text>
The Secretary of Homeland Security shall also
develop a multilingual media campaign explaining the extent of this
legislation, the timelines therein, and the penalties for noncompliance with
this Act. Announcements should be targeted toward undocumented aliens and
should emphasize—
</text>
<paragraph id="H118F10F0DA714F5FA3EF9E6B4144B1C4">
<enum>
(1)
</enum>
<text>
provisions in this
Act that enhance border security and interior enforcement;
</text>
</paragraph>
<paragraph id="H98F5935E953A4A8ABD6265C51B607130">
<enum>
(2)
</enum>
<text>
punishment for
apprehension and forced removal of undocumented aliens; and
</text>
</paragraph>
<paragraph id="HAF61A20771244B57A7404535CDB447CB">
<enum>
(3)
</enum>
<text>
legal methods of
reentering the United States, including temporary work visas.
</text>
</paragraph>
</subsection>
<subsection id="HC6A3215FB6C540EFA245749F82E28D29">
<enum>
(d)
</enum>
<header>
Cooperation with
other governments
</header>
<text>
The Secretary of Homeland Security shall make
all reasonable attempts to cooperate with the governments of the countries from
which the largest number of undocumented aliens originate in the implementation
of this media campaign.
</text>
</subsection>
</section>
</title>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 830 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Graves of Missouri (for himself, Mr. Nunnelee , Mrs. Hartzler , Mr. Hall , and Mr. Rohrabacher ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committees on the Judiciary , Ways and Means , Education and the Workforce , Oversight and Government Reform , Armed Services , Agriculture , and Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide immigration reform by securing America’s borders, clarifying and enforcing existing laws, and enabling a practical employer verification program.
1. Short title; table of contents (a) Short title This Act may be cited as the Secure America Through Verification and Enforcement Act of 2013 or as the SAVE Act of 2013 . (b) Table of Contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Securing America’s International Borders Subtitle A—Manpower, Technology, and Infrastructure Improvements Sec. 101. Manpower. Sec. 102. Technology. Sec. 103. Infrastructure. Sec. 104. Aerial vehicles and surveillance systems. Subtitle B—Strategies and Progress Reports for Securing America’s Borders Sec. 111. National strategy to secure the borders. Sec. 112. Accountable financing of a secure border initiative. Subtitle C—Rapid Response Measures Sec. 121. Deployment of border patrol agents. Sec. 122. Border patrol major assets. Sec. 123. Electronic equipment. Sec. 124. Personal equipment. Sec. 125. Authorization of appropriations. Subtitle D—Border Infrastructure and Technology Modernization Sec. 131. Definitions. Sec. 132. Expansion of commerce security programs. Subtitle E—Other Border Security Initiatives Sec. 141. Alien smuggling and terrorism prevention. Sec. 142. Border security on certain Federal land. Title II—Ending Unlawful Employment Subtitle A—Employee Verification Sec. 201. Mandatory employment authorization verification. Sec. 202. Monitoring and compliance. Sec. 203. Mandatory notification of SSN mismatches and multiple uses. Sec. 204. Establishment of electronic birth and death registration systems. Sec. 205. Penalty for failure to file correct information returns. Sec. 206. Authorization of appropriations. Subtitle B—Nondeductibility of Wages Paid to Unauthorized Aliens Sec. 211. Clarification that wages paid to unauthorized aliens may not be deducted from gross income. Title III—Enhancing and Utilizing Current Interior Enforcement Methods Sec. 301. Increase investigative efforts. Sec. 302. Increased oversight of agents. Sec. 303. Border relief grant program. Sec. 304. Authorization of appropriations. Sec. 305. Regulations. Sec. 306. Rewards program. Sec. 307. Increased detention facilities for aliens apprehended for illegal entry. Sec. 308. Additional Immigration Judgeships and law clerks. Sec. 309. Media campaign. I Securing America’s International Borders A Manpower, Technology, and Infrastructure Improvements 101. Manpower (a) Border patrol agents Section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ; 118 Stat. 3734) is amended to read as follows: 5202. Increase in full-time border patrol agents (a) Annual increases The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time active-duty Border Patrol agents within the Department of Homeland Security (above the number of positions for which funds were appropriated for the preceding fiscal year), by— (1) 1,500 in fiscal year 2014; (2) 1,000 in fiscal year 2015; (3) 1,000 in fiscal year 2016; (4) 1,000 in fiscal year 2017; and (5) 500 in fiscal year 2018. (b) Allocations Of the Border Patrol agents hired under subsection (a), 80 percent shall be deployed along the southern border of the United States and 20 percent shall be deployed along the northern border of the United States. (c) Authorization of appropriations The necessary funds are authorized to be appropriated for each of fiscal years 2014 through 2018 to carry out this section. . (b) Investigative personnel (1) Additional investigative personnel for alien smuggling In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by paragraph (1), during each of the fiscal years 2014 through 2018, the Secretary shall, subject to the availability of appropriations, increase by not less than 350 the number of positions for personnel within the Department assigned to specifically investigate alien smuggling. (2) Additional funds and personnel for the tunnel task force Subject to appropriations, the fiscal year 2014 budget of the Tunnel Task Force, a joint force comprised of Immigration and Customs Enforcement (ICE), Customs and Border Patrol (CBP), and Drug Enforcement Administration (DEA) personnel tasked to pinpoint tunnels that are utilized by drug lords and coyotes to smuggle narcotics, illegal aliens, and weapons, shall be increased by 50 percent above the fiscal year 2007 budget. Such increase shall be used to increase personnel, improve communication and coordination between participant agencies, upgrade technology, and offer cash rewards and appropriate security to individuals who provide the Tunnel Task Force with accurate information on existing tunnels that breach the international borders of the United States. (3) Authorization of appropriations The necessary funds are authorized to be appropriated to the Secretary for each of the fiscal years 2014 through 2018 to carry out this section. (c) Recruitment of former members of the armed forces and members of reserve components of the armed forces (1) Requirement for program The Secretary, in conjunction with the Secretary of Defense, shall establish a program to actively recruit covered members (a member of a reserve component of the Armed Forces) or former members of the Armed Forces and National Guard to serve in United States Customs and Border Protection. (2) Report on recruitment incentives Not later than 90 days after the date of enactment of this Act, the Secretary and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report that shall include an assessment of the desirability and feasibility of offering an incentive to a covered member or former member of the Armed Forces for the purpose of encouraging such member to serve in United States Customs and Border Patrol and Immigration and Customs Enforcement— (A) the Secretary must provide a description of various monetary and non-monetary incentives considered for purposes of the report; and (B) the Secretary must provide an assessment of the desirability and feasibility of utilizing any such incentive. (3) Recommendations for recruitment incentives (A) Maximum student loan repayments for united states border patrol agents with a two-year commitment Section 5379(b) of title 5, United States Code, is amended by adding at the end the following: (4) In the case of an employee (otherwise eligible for benefits under this section) who is serving as a full-time active-duty United States Border Patrol agent within the Department of Homeland Security— (A) paragraph (2)(A) shall be applied by substituting $20,000 for $10,000 ; and (B) paragraph (2)(B) shall be applied by substituting $80,000 for $60,000 . . (B) Recruitment and relocation bonuses and retention allowances for personnel of the Department of Homeland Security The Secretary of Homeland Security shall ensure that the authority to pay recruitment and relocation bonuses under section 5753 of title 5, United States Code, the authority to pay retention bonuses under section 5754 of such title, and any other similar authorities available under any other provision of law, rule, or regulation, are exercised to the fullest extent allowable in order to encourage service in the Department of Homeland Security. (4) Definition The term appropriate committees of Congress means— (A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate. 102. Technology (a) Equipment Sharing between Department of Homeland Security and Department of Defense The Secretaries of these two departments shall develop and implement a plan to use authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, to increase the availability and use of Department of Defense equipment, including unmanned aerial vehicles, tethered aerostat radars, and other surveillance equipment, to assist the Secretary in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration. (b) Report Not later than 6 months after the date of enactment of this Act (and then annually from that point), the Secretary and the Secretary of Defense shall submit to Congress a report that contains— (1) a description of the current use of Department of Defense equipment to assist the Secretary in carrying out surveillance of the international land borders of the United States and assessment of the potential risks to citizens of the United States and key foreign policy interests associated with the use of such equipment; (2) the plan developed under subsection (a) to increase the use of Department of Defense equipment to assist such surveillance activities; and (3) a description of the types of equipment and other support to be provided by the Secretary of Defense under such plan during the 1-year period beginning on the date of the submission of the report. (c) Secure communication The Secretary shall, as expeditiously as practicable, develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure 2-way communication capabilities— (1) among all Border Patrol agents conducting operations between ports of entry; (2) between Border Patrol agents and their respective Border Patrol stations; and (3) between all appropriate law enforcement agencies of the Department and State, local, and tribal law enforcement agencies. (d) Other Technology Upgrades The Secretary shall purchase and implement new technology to secure the borders, including, but not limited to drones, infrared cameras, sensors, mobile lighting units, radar and infrared heat. (e) Authorization of Appropriations The necessary funds are authorized to be appropriated to the Secretary for each of the fiscal years 2014 through 2018 to carry out this section. 103. Infrastructure (a) Infrastructure Improvements Subject to the availability of appropriations, the Secretary shall construct or purchase— (1) office facilities to accommodate additional border patrol manpower; (2) sport utility vehicles for officers; (3) all-weather roads for better vehicle access and performance on remote and rugged terrain (road construction should be done in consultation with the owner of the land and take into account any environmental or other land-use issues that are relevant); (4) additional fencing (and aesthetic fencing in business districts) in urban areas of the border; and (5) vehicle barriers, to support, not replace, manpower, in rural and remote areas of the border necessary to achieve operational control of the international borders of the United States. (b) Authorization of appropriations The necessary funds are authorized to be appropriated to the Secretary for each of the fiscal years 2014 through 2018 to carry out this section. 104. Aerial vehicles and surveillance systems (a) Unmanned aerial vehicle pilot program During the 1-year period beginning on the date on which the report is submitted under section 102(b), the Secretary shall conduct a pilot program to test unmanned aerial vehicles for border surveillance along the international border between Canada and the United States. (b) Unmanned aerial vehicles and associated infrastructure The Secretary shall acquire and maintain unmanned aerial vehicles and related equipment for use to patrol the international borders of the United States, including equipment such as— (1) additional sensors; (2) satellite command and control; and (3) other necessary equipment for operational support. (c) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary for each of the fiscal years 2014 and 2015 such sums as may be necessary to carry out subsection (b). (2) Availability of funds Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) are authorized to remain available until expended. (d) Aerial surveillance program (1) In general In conjunction with the border surveillance plan developed under section 5201 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ; 8 U.S.C. 1701 note), the Secretary, not later than 90 days after the date of enactment of this Act, shall develop and implement a program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles, to enhance the security of the international border between the United States and Canada and the international border between the United States and Mexico. The goal of the program shall be to ensure continuous monitoring of each mile of each border. (2) Assessment and consultation requirements In developing the program under this subsection, the Secretary shall— (A) consider current and proposed aerial surveillance technologies; (B) assess the feasibility and advisability of utilizing such technologies to address border threats, including an assessment of the technologies considered best suited to address respective threats; (C) consult with the Secretary of Defense regarding any technologies or equipment, which the Secretary may deploy along an international border of the United States; and (D) consult with the Administrator of the Federal Aviation Administration regarding safety, airspace coordination and regulation, and any other issues necessary for implementation of the program. (3) Authorization of Appropriations The necessary funds are authorized to be appropriated to carry out this subsection. (e) Integrated and Automated Surveillance Program (1) Requirement for program Subject to the availability of appropriations, the Secretary shall establish a program to procure additional unmanned aerial vehicles, drones, cameras, poles, sensors, satellites, radar coverage, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a virtual fence along such international borders to provide a barrier to illegal immigration. (2) Program components The Secretary shall ensure, to the maximum extent feasible, that— (A) the technologies utilized in the Integrated and Automated Surveillance Program are integrated and function cohesively in an automated fashion, including the integration of motion sensor alerts and cameras in a manner where a sensor alert automatically activates a corresponding camera to pan and tilt in the direction of the triggered sensor; (B) cameras utilized in the program do not have to be manually operated; (C) such camera views and positions are not fixed; (D) surveillance video taken by such cameras is able to be viewed at multiple designated communications centers; (E) a standard process is used to collect and record, catalog, and report intrusion and response data collected under the Program; (F) future remote surveillance technology investments and upgrades for the program can be integrated with existing systems; (G) performance measures are developed and applied that can evaluate whether the program is providing desired results and increasing response effectiveness in monitoring and detecting illegal intrusions along the international borders of the United States; (H) plans are developed under the program to streamline site selection and site validation processes to minimize delays of installing surveillance technology infrastructure; (I) standards are developed under the program to expand the shared use of existing private and governmental structures to install remote surveillance technology infrastructure where possible; (J) standards are developed under the program to identify and deploy the use of nonpermanent or mobile surveillance platforms that will increase the Secretary’s mobility and ability to identify illegal border intrusions; and (K) Border Patrol agents respond to each reported intrusion that appears to involve aliens or smugglers. (3) Evaluation of contractors (A) Requirement for standards The Secretary shall develop appropriate standards to evaluate the performance of any contractor providing goods or services to carry out the Integrated and Automated Surveillance Program. (B) Review by the Comptroller General of the United States (i) In general The Comptroller General of the United States shall review each new contract related to the Program and should report to Congress regarding contracts with a value of more than $5,000,000 in a timely manner, to determine whether such contract fully complies with applicable cost requirements, performance objectives, program milestones, and schedules. (ii) Reports The Comptroller General of the United States shall report the findings of each review carried out under clause (i) to the Secretary in a timely manner. (4) Authorization of appropriations The necessary funds are authorized to be appropriated to carry out this subsection. B Strategies and Progress Reports for Securing America’s Borders 111. National strategy to secure the borders (a) Requirement for national strategy The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop a national strategy to secure the borders that describes actions to be carried out to achieve operational control over all ports of entry into the United States and the international land and maritime borders of the United States by December 31, 2019. (b) Content The national strategy to secure the borders shall include the following: (1) An assessment of the threats posed by terrorists and terrorist groups that may try to infiltrate the United States at locations along the international land and maritime borders of the United States. (2) A risk assessment for all United States ports of entry and all portions of the international land and maritime borders of the United States that includes a description of activities being undertaken— (A) to prevent the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States; and (B) to protect critical infrastructure at or near such ports of entry or borders. (3) An assessment of the most appropriate, practical, and cost-effective means of defending the international land and maritime borders of the United States against threats to security and illegal transit, including intelligence capacities, technology, equipment, personnel, and training needed to address security vulnerabilities. (4) An assessment of staffing needs for all border security functions, taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs, policies, and technologies. (5) A description of the border security roles and missions of Federal Government, State government, local government, and tribal authorities, and recommendations regarding actions the Secretary can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner. (6) An assessment of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on civil rights, private property rights, privacy rights, and civil liberties, including an assessment of efforts to take into account asylum seekers, trafficking victims, unaccompanied minor aliens, refugees and other vulnerable populations, as well as the effects on Americans living in the border region and local, State, and Federal law enforcement officers working in the border region. (7) A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States. (8) A description of ways to ensure that the free flow of lawful travel and commerce is not unreasonably diminished by efforts, activities, and programs aimed at securing the international land and maritime borders of the United States. (9) An assessment of additional detention facilities and beds that are needed to detain unlawful aliens apprehended at United States ports of entry or along the international land borders of the United States. (10) A description of the performance metrics to be used to ensure accountability by the bureaus of the Department in implementing such strategy. (11) A schedule for the implementation of the security measures described in said strategy, including a prioritization of security measures, realistic deadlines for addressing the security and enforcement needs, an estimate of the resources needed to carry out such measures, and a description of how such resources should be allocated. (c) Consultation In developing the national strategy for border security, the Secretary shall consult with representatives of— (1) State, local, and tribal governmental authorities with responsibility for locations along the international land and maritime borders of the United States; and (2) appropriate private sector entities, nongovernmental organizations, and affected communities that have expertise in areas related to border security. (d) Coordination The national strategy for border security shall be consistent with the National Strategy for Maritime Security developed pursuant to Homeland Security Presidential Directive 13, dated December 21, 2004. (e) Submission to Congress (1) Strategy Not later than December 31, 2014, the Secretary shall submit to Congress the national strategy for border security. (2) Updates The Secretary shall submit to Congress any update of such strategy that the Secretary determines is necessary, not later than 30 days after such update is developed. (f) Immediate Action Nothing in this section may be construed to relieve the Secretary of the responsibility to take all actions necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the United States. 112. Accountable financing of a secure border initiative (a) Comptroller General of the United States (1) Action If the Comptroller General of the United States becomes aware of any improper conduct or wrongdoing in the course of conducting a contract review under the Secure Border Initiative, the Comptroller General of the United States shall, as expeditiously as practicable, refer information relating to such improper conduct or wrongdoing to Congress and to the Secretary of Homeland Security, or to another appropriate official of the Department of Homeland Security, who shall determine whether to temporarily suspend the contractor from further participation in the Secure Border Initiative or make said contract null and void. (2) Report Upon the completion of each review described in paragraph (1), the Comptroller General of the United States shall submit to Congress and to the Secretary a report containing the findings of the review, including findings regarding— (A) cost overruns; (B) significant delays in contract execution; (C) lack of rigorous departmental contract management; (D) insufficient departmental financial oversight; (E) bundling that limits the ability of small businesses to compete; or (F) other high-risk business practices. (b) Reports by the Secretary (1) In general Not later than 30 days after the receipt of each report required under subsection (a)(2), the Secretary shall submit a report to the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate, that describes the steps the Secretary has taken, or plans to take, to address the problems identified in such report. (2) Contracts with foreign companies Not later than 60 days after the initiation of each contract action with a company whose headquarters are not based in the United States, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, regarding the Secure Border Initiative. (c) Reports on United States Ports Not later than 60 days after receiving information regarding a proposed purchase of a contract to manage the operations of a United States port by a foreign entity, the Secretary of Homeland Security shall submit a report to Congress that describes— (1) the proposed purchase; (2) any security concerns related to the proposed purchase; and (3) the manner in which such security concerns have been addressed. C Rapid Response Measures 121. Deployment of border patrol agents (a) Emergency Deployment of Border Patrol Agents (1) In general If the Governor of a State on an international border of the United States declares an international border security emergency and requests additional agents of the Border Patrol (referred to in this subtitle as agents ) from the Secretary, the Secretary, subject to paragraphs (2) and (3), may provide the State with not more than 1,000 additional agents for the purpose of patrolling and defending the international border, in order to prevent individuals from crossing the international border into the United States at any location other than an authorized port of entry. (2) Consultation Upon receiving a request for agents under paragraph (1), the Secretary, after consultation with the President, shall grant such request to the extent that providing such agents will not significantly impair the Department’s ability to provide border security for any other State. (3) Collective bargaining Emergency deployments under this subsection shall be made in accordance with all applicable collective bargaining agreements and obligations under current law. (b) Flexible Deployment of Border Patrol Agents The Secretary shall ensure that agents are not precluded from performing patrol duties and apprehending violators of law, except in unusual circumstances if the temporary use of fixed deployment positions is necessary. 122. Border patrol major assets (a) Control of Department of Homeland Security Assets The Department of Homeland Security shall have exclusive administrative and operational control over all the assets utilized in carrying out its mission, including aircraft, watercraft, vehicles, detention space, transportation, and all of the personnel associated with such assets. (b) Helicopters and Power Boats (1) Helicopters The Secretary shall increase the number of helicopters under the control of the Border Patrol and Immigration and Customs Enforcement (ICE). The Secretary shall ensure that appropriate types and quantities of helicopters are procured for the various missions being performed. (2) Power boats The Secretary shall increase the number of power boats under the control of the Border Patrol. The Secretary shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements. (3) Use and training The Secretary shall— (A) establish an overall policy on how the helicopters and power boats procured under this subsection will be used; and (B) implement training programs for the agents who use such assets, including safe operating procedures and rescue operations. (c) Motor Vehicles (1) Quantity The Secretary shall establish a fleet of motor vehicles appropriate for use by the Border Patrol that will permit a ratio of not less than 1 police-type vehicle for every 4 agents with safety glass and other protections. The Secretary shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the Border Patrol. (2) Features All motor vehicles purchased for the Border Patrol shall— (A) be appropriate for the mission of the Border Patrol; and (B) have a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress. 123. Electronic equipment (a) Portable Computers The Secretary shall ensure that each police-type motor vehicle in the fleet of the Border Patrol is equipped with a portable computer with access to all necessary law enforcement databases and otherwise suited to the unique operational requirements of the Border Patrol. (b) Radio Equipment The Secretary shall augment the existing radio communications system so that all law enforcement personnel, including Immigration and Customs Enforcement, working in each area where Border Patrol operations are conducted have clear and encrypted 2-way radio communication capabilities at all times. Each portable communications device shall be equipped with a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress. (c) Handheld Global Positioning System Devices The Secretary shall ensure that Border Patrol agents are issued a state-of-the-art handheld global positioning system device for navigational purposes. (d) Night Vision Equipment The Secretary shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device. 124. Personal equipment (a) Body Armor The Secretary shall ensure that every agent on duty is issued high-quality body armor that is appropriate for the climate and risks faced by the agent. Enough body armor must be purchased to cover every agent in the field. (b) Weapons The Secretary shall ensure that agents are equipped with weapons that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals. The Secretary shall ensure that the policies of the Department authorize all agents to carry weapons that are suited to the potential threats that they face, and that all agents receive appropriate training in the use of such weapons. (c) Uniforms The Secretary shall ensure that all agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as such items become worn or unserviceable or no longer fit properly. 125. Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2014 through 2018 to carry out this subtitle. D Border Infrastructure and Technology Modernization 131. Definitions In this subtitle: (1) Commissioner The term Commissioner means the Commissioner of United States Customs and Border Protection. (2) Northern border The term northern border means the international border between the United States and Canada. (3) Southern border The term southern border means the international border between the United States and Mexico. 132. Expansion of commerce security programs (a) Customs-Trade Partnership Against Terrorism (1) In general Not later than 180 days after the date of enactment of this Act, the Commissioner, in consultation with the Secretary, shall develop a plan to expand the programs of the Customs-Trade Partnership Against Terrorism established pursuant to section 211 of the SAFE Port Act ( 6 U.S.C. 961 ), including adding additional personnel for such programs, along the northern border and southern border, including the following programs: (A) The Business Anti-Smuggling Coalition. (B) The Carrier Initiative Program. (C) The Americas Counter Smuggling Initiative. (D) The Container Security Initiative established pursuant to section 205 of the SAFE Port Act (6 U.S.C. 945). (E) The Free and Secure Trade Initiative. (F) Other industry partnership programs administered by the Commissioner. (b) Demonstration Program Not later than 180 days after the date of enactment of this Act, the Commissioner shall establish a demonstration program to develop a cooperative trade security system to improve supply chain security. E Other Border Security Initiatives 141. Alien smuggling and terrorism prevention (a) Checks against terrorist watchlist The Secretary of Homeland Security shall, to the extent practicable, check against all available terrorist watchlists those persons suspected of alien smuggling and smuggled individuals who are interdicted at the land, air, and sea borders of the United States. (b) Strengthening prosecution and punishment of alien smugglers Section 274(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a) ) is amended— (1) by amending the subsection heading to read as follows: Bringing In, Harboring, and Smuggling of Unlawful and Terrorist Aliens.— ; and (2) by amending paragraphs (1) through (2) to read as follows: (1) (A) Whoever, knowing or in reckless disregard of the fact that an individual is an alien who lacks lawful authority to come to, enter, or reside in the United States, knowingly— (i) brings that individual to the United States in any manner whatsoever regardless of any future official action which may be taken with respect to such individual; (ii) recruits, encourages, or induces that individual to come to, enter, or reside in the United States; (iii) transports or moves that individual in the United States, in furtherance of their unlawful presence; or (iv) harbors, conceals, or shields from detection the individual in any place in the United States, including any building or any means of transportation; or attempts or conspires to do so, shall be punished as provided in subparagraph (C). (B) Whoever, knowing that an individual is an alien, brings that individual to the United States in any manner whatsoever at a place, other than a designated port of entry or place designated by the Secretary of Homeland Security, regardless of whether such individual has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such individual, or attempts or conspires to do so, shall be punished as provided in subparagraph (C). (C) Whoever commits an offense under this paragraph shall, for each individual in respect to whom such a violation occurs— (i) if the offense results in the death of any person, be fined under title 18, United States Code, and subject to the penalty of death or imprisonment for any term of years or for life; (ii) if the offense involves kidnapping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 of title 18, United States Code, without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under title 18, United States Code, or imprisoned for any term of years or life, or both; (iii) if the offense involves an individual who the defendant knew was engaged in or intended to engage in terrorist activity (as defined in section 212(a)(3)(B)), be fined under title 18, United States Code, or imprisoned not more than 30 years, or both; (iv) if the offense results in serious bodily injury (as defined in section 1365 of title 18, United States Code) or places in jeopardy the life of any person, be fined under title 18, United States Code, or imprisoned not more than 20 years, or both; (v) if the offense is a violation of paragraph (1)(A)(i) and was committed for the purpose of profit, commercial advantage, or private financial gain, or if the offense was committed with the intent or reason to believe that the individual unlawfully brought into the United States will commit an offense against the United States or any State that is punishable by imprisonment for more than 1 year, be fined under title 18, United States Code, and imprisoned, in the case of a first or second violation, not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years; (vi) if the offense is a violation of paragraphs (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was committed for the purpose of profit, commercial advantage, or private financial gain, be fined under title 18, United States Code, or imprisoned not more than 10 years, or both; (vii) if the offense involves the transit of the defendant’s spouse, child, sibling, parent, grandparent, or niece or nephew, and the offense is not described in any of clauses (i) through (vi), be fined under title 18, United States Code, or imprisoned not more than 1 year, or both; and (viii) in any other case, be fined under title 18, United States Code, or imprisoned not more than 5 years, or both. (2) (A) There is extraterritorial jurisdiction over the offenses described in paragraph (1). (B) In a prosecution for a violation of, or an attempt or conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, no defense based on necessity can be raised unless the defendant— (i) as soon as practicable, reported to the Coast Guard the circumstances of the necessity, and if a rescue is claimed, the name, description, registry number, and location of the vessel engaging in the rescue; and (ii) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement set forth in clause (i) is satisfied by notifying the Coast Guard as soon as practicable after delivering the alien to emergency medical or law enforcement personnel ashore. (C) It is not a violation of, or an attempt or conspiracy to violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph (1)(A)(ii) (except if a person recruits, encourages, or induces an alien to come to or enter the United States), for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officer of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year. (D) For purposes of this paragraph and paragraph (1)— (i) the term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States; and (ii) the term lawful authority means permission, authorization, or waiver that is expressly provided for in the immigration laws of the United States or the regulations prescribed under those laws and does not include any such authority secured by fraud or otherwise obtained in violation of law or authority that has been sought but not approved. . (c) Maritime law enforcement (1) Penalties Subsection (b) of section 2237 of title 18, United States Code, is amended to read as follows: (b) Whoever intentionally violates this section shall— (1) if the offense results in death or involves kidnapping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under such title or imprisoned for any term of years or life, or both; (2) if the offense results in serious bodily injury (as defined in section 1365 of this title) or transportation under inhumane conditions, be fined under this title, imprisoned not more than 15 years, or both; (3) if the offense is committed in the course of a violation of section 274 of the Immigration and Nationality Act (alien smuggling); chapter 77 (peonage, slavery, and trafficking in persons), section 111 (shipping), 111A (interference with vessels), 113 (stolen property), or 117 (transportation for illegal sexual activity) of this title; chapter 705 (maritime drug law enforcement) of title 46, or title II of the Act of June 15, 1917 (chapter 30; 40 Stat. 220), be fined under this title or imprisoned for not more than 10 years, or both; and (4) in any other case, be fined under this title or imprisoned for not more than 5 years, or both. . (2) Limitation on necessity defense Section 2237(c) of title 18, United States Code, is amended— (A) by inserting (1) after (c) ; and (B) by adding at the end the following: (2) In a prosecution for a violation of this section, no defense based on necessity can be raised unless the defendant— (A) as soon as practicable upon reaching shore, delivered the person with respect to which the necessity arose to emergency medical or law enforcement personnel; (B) as soon as practicable, reported to the Coast Guard the circumstances of the necessity resulting giving rise to the defense; and (C) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien, as that term is defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)), into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement of subparagraph (B) is satisfied by notifying the Coast Guard as soon as practicable after delivering that person to emergency medical or law enforcement personnel ashore. . (3) Definition Section 2237(e) of title 18, United States Code, is amended— (A) by striking and at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting ; and ; and (C) by adding at the end the following: (6) the term transportation under inhumane conditions means the transportation of persons in an engine compartment, storage compartment, or other confined space, transportation at an excessive speed, transportation of a number of persons in excess of the rated capacity of the means of transportation, or intentionally grounding a vessel in which persons are being transported. . (d) Amendment to the sentencing guidelines (1) In general Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding. (2) Considerations In carrying out this section, the Sentencing Commission, shall— (A) consider providing sentencing enhancements or stiffening existing enhancements for those convicted of offenses described in subsection (a) that— (i) involve a pattern of continued and flagrant violations; (ii) are part of an ongoing commercial organization or enterprise; (iii) involve aliens who were transported in groups of 10 or more; (iv) involve the transportation or abandonment of aliens in a manner that endangered their lives; or (v) involve the facilitation of terrorist activity; and (B) consider cross-references to the guidelines for Criminal Sexual Abuse and Attempted Murder. (3) Expedited procedures The Commission may promulgate the guidelines or amendments under this section in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired. 142. Border security on certain Federal land (a) Definitions In this section: (1) Protected land The term protected land means land under the jurisdiction of the Secretary concerned. (2) Secretary concerned The term Secretary concerned means— (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (b) Border Protection Strategy The Secretary, the Secretary of the Interior, and the Secretary of Agriculture shall jointly develop a border protection strategy that supports the border security needs of the United States in the manner that best protects— (1) units of the National Park System; (2) National Forest System land; (3) land under the jurisdiction of the United States Fish and Wildlife Service and Bureau of Land Management; and (4) other relevant land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture. (c) Additional uniformed law enforcement officers and special agents of the Department of the Interior There are authorized to be appropriated to the Secretary of the Interior for employment of uniformed law enforcement officers and special agents, in addition to the number of such officers and agents employed immediately before the enactment of this Act, such sums as may be necessary for— (1) 22 such officers of the United States Fish and Wildlife Service, including— (A) 4 for California; (B) 9 for Arizona; (C) 2 for New Mexico; and (D) 7 for Texas; (2) 2 such agents of the United States Fish and Wildlife Service, for Texas; (3) 22 such officers of the National Park Service, including— (A) 13 for Arizona; and (B) 9 for Texas; (4) 2 such agents of the National Park Service, for Texas; (5) 19 such officers of the Bureau of Land Management, including— (A) 5 for California; (B) 4 for Arizona; (C) 4 for New Mexico; and (D) 6 for Texas; (6) 2 such agents of the Bureau of Land Management, including— (A) 1 for California; (B) 2 for Arizona; and (C) 1 for New Mexico; and (7) one such agent of the Bureau of Indian Affairs, for Texas. (d) Additional Special Assistant United States Attorney There are authorized to be appropriated to the Attorney General such sums as may be necessary to increase by 1 the number of special assistant United States attorneys in the district of Arizona dedicated to prosecution of cases generated by the Secretary of the Interior, in addition to the number of such attorneys appointed immediately before the enactment of this Act. II Ending Unlawful Employment A Employee Verification 201. Mandatory employment authorization verification (a) Making E-Verify Program permanent Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) is amended by adding before the period at the end of the last sentence the following , except that the E-Verify Program described in section 403(a) shall be a permanent program . (b) Mandatory use of E-Verify system (1) In general Subject to paragraphs (2) and (3), every person or other entity that hires one or more individuals for employment in the United States shall verify through the E-Verify Program, established by section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1324a note), that each such individual is authorized to work in the United States. The Secretary of Homeland Security shall ensure that verification by means of a toll-free telephone line is an available option in complying with the preceding sentence. (2) Select entities required to use e-verify program immediately The following entities must satisfy the requirement in paragraph (1) by not later than one year after the date of the enactment of this Act: (A) Federal agencies Each department and agency of the Federal Government. (B) Federal contractors A contractor that— (i) has entered into a contract with the Federal Government to which section 2(b)(1) of the Service Contract Act of 1965 ( 41 U.S.C. 351(b)(1) ) applies, and any subcontractor under such contract; or (ii) has entered into a contract exempted from the application of such Act by section 6 of such Act ( 41 U.S.C. 356 ), and any subcontractor under such contract. (C) Large employers An employer that employs more than 250 individuals in the United States. (3) Phasing-in for other employers (A) Two years for employers of 100 or more Entities that employ 100 or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than two years after the date of the enactment of this Act. (B) Three years for employers with 30 or more employees All entities that employ 30 or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than three years after the date of the enactment of this Act. (C) Four years for all employers All entities that employ one or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than four years after the date of the enactment of this Act. (4) Verifying employment authorization of current employees Every person or other entity that employs one or more persons in the United States shall verify through the E-Verify program by not later than four years after the date of the enactment of this Act that each employee is authorized to work in the United States. (5) Defense In accordance with section 274A(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a)(3) ), a person or entity that establishes that it has complied in good faith with the requirements of section 274A(b) of such Act with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated section 274A(a)(1)(A) of such Act with respect to such hiring, recruiting or referral. Furthermore an employer who has complied with the requirements in paragraphs (1) and (4) of this Act shall not be liable for hiring an unauthorized alien, if— (A) such hiring occurred due to an error in the E-Verify program that was unknown to the employer at the time of such hiring; and (B) the employer terminates the employment of the alien upon being informed of the error. (6) Sanctions for noncompliance The failure of an employer to comply with the requirements in paragraphs (1) or (4) shall— (A) be treated as a violation of section 274A(a)(1)(B) with respect to each offense; and (B) create a rebuttable presumption that the employer has violated section 274A(a)(1)(A). (7) Voluntary participation of employers not immediately subject to requirement Nothing in this subsection shall be construed as preventing a person or other entity that is not immediately subject to the requirement of paragraph (1) pursuant to paragraph (2) or (3) from voluntarily using the E-Verify program to verify the employment authorization of new hires or current employees. (8) State interference No State may prohibit a person or other entity from using the E-Verify program to verify the employment authorization of new hires or current employees. (9) E- V erify study (A) Findings The Congress finds as follows: (i) A majority of the 0.4 percent of tentative non-confirmations that are issued within E-Verify to work authorized individuals occur due to incorrect or outdated information in the databases utilized by the system. For instance, an individual may have changed his or her name legally but has not updated their Social Security information to account for this change. This person would likely receive a tentative non-confirmation if their work eligibility were checked using E-Verify. (ii) E-Verify already provides employers and employees with simple and clear instructions on how inconsistencies in data can be corrected in order to verify the work eligibility of an employee. However, giving an individual the ability to verify his or her own employment eligibility in advance of an official E-Verify query by an employer would allow that individual to correct data errors at his or her convenience. This may also serve to lessen peak demand on Social Security Administration field offices. (B) Study The Government Accountability Office shall conduct a study to examine the potential of a secure method of allowing individuals to check their own work eligibility, so that they can address inconsistencies in their personal data that might otherwise cause them to be issued a tentative non-confirmation by E-Verify. The study shall be published within 6 months after the date of enactment of this Act. (10) Document fraud study The Government Accountability Office shall conduct a study to examine methods to combat document fraud, theft and forgery in the use and expansion of the E-Verify program. The report shall make recommendations to the appropriate agencies on ways to reduce instances of document fraud, theft and forgery. The report shall be published within six months after enactment of this Act. 202. Monitoring and compliance (a) Enhancing Monitoring and Compliance of E-Verify The Secretary of the Department of Homeland Security is authorized take the following actions to increase the capability and effectiveness of the E-Verify employer Monitoring and Compliance team within Citizenship and Immigration Services: (1) Increase by no more than 6 the number of fulltime employees dedicated to the development of thresholds and algorithms and quality assurance procedures for the monitoring of employer adherence to the conditions that are currently outlined in the E-Verify Memorandum of Understanding. (2) Increase as necessary the number of fulltime employees dedicated to outreach to employers using E-Verify and the creation of informational tools and corrective action procedures that will provide compliance assistance to these employers. These employees may also be utilized in the operation of the toll free compliance assistance call center. (3) Establish procedures for the identification of cases of potential fraud or misuse of E-Verify. (4) Establish procedures for the sharing of information on these selected cases with Immigration and Customs Enforcement for further investigation as necessary. (5) Report to Congress within one year of the date of enactment of this Act on the activities of the Office of Monitoring and Compliance which shall include— (A) a description of the types of fraud and misuse being detected by the thresholds and algorithms used for employee monitoring within the Office; (B) the number and type of cases flagged by the Office and referred to Immigration and Customs Enforcement, as well as the outcome of these cases; and (C) an assessment of the number and the nature of calls received by the compliance assistance call center. 203. Mandatory notification of SSN mismatches and multiple uses (a) Notification of multiple uses of individual Social Security numbers Prior to crediting any individual with concurrent earnings from more than one employer, the Commissioner of Social Security shall notify the individual that earnings from two or more employers are being reported under the individual’s Social Security account number (SSN). Such notice shall include, at a minimum— (1) the name and location of each employer reporting benefits for an individual; (2) a warning that any inaccuracies in this information could indicate that the individual’s SSN is being fraudulently used by another individual; (3) an explanation of any potential risk that an individual is subject to if his or her SSN has been used or is being used by someone else; and (4) an SSA telephone number that an individual may call to report inaccuracies in the use of their SSN. (b) Information sharing with the Department of Homeland Security (1) Not later than 180 days following the date of enactment of this act, the Commissioner of Social Security shall promulgate regulations in accord with section 1306, title 42 (42 U.S.C. 1306), to require that information regarding all multiple use notifications that lead to the identification of an unauthorized user of a Social Security account number be shared with the Secretary of the Department of Homeland Security on a timely basis. (2) Information to be shared with the Secretary shall include, at a minimum, the name and mailing address of all employees who are the subject of an unresolved mismatch notification or who are unauthorized users of another individual’s Social Security account number. The names and addresses of the employers of these employees must also be provided. (3) The Secretary shall report to the Congress annually the number of cases that the Commissioner of Social Security has shared with the Department of Homeland Security regarding unauthorized users of a Social Security number and the actions that have been taken to resolve these cases. The first report shall be presented to Congress 1 year after the passage of this Act. 204. Establishment of electronic birth and death registration systems In consultation with the Secretary of Health and Human Services and the Commissioner of Social Security, the Secretary shall take the following actions: (1) Work with the States to establish a common data set and common data exchange protocol for electronic birth registration systems and death registration systems. (2) Coordinate requirements for such systems to align with a national model. (3) Ensure that fraud prevention is built into the design of electronic vital registration systems in the collection of vital event data, the issuance of birth certificates, and the exchange of data among government agencies. (4) Ensure that electronic systems for issuing birth certificates, in the form of printed abstracts of birth records or digitized images, employ a common format of the certified copy, so that those requiring such documents can quickly confirm their validity. (5) Establish uniform field requirements for State birth registries. (6) Not later than 1 year after the date of the enactment of this Act, establish a process with the Department of Defense that will result in the sharing of data, with the States and the Social Security Administration, regarding deaths of United States military personnel and the birth and death of their dependents. (7) Not later than 1 year after the date of the enactment of this Act, establish a process with the Department of State to improve registration, notification, and the sharing of data with the States and the Social Security Administration, regarding births and deaths of United States citizens abroad. (8) Not later than 3 years after the date of establishment of databases provided for under this section, require States to record and retain electronic records of pertinent identification information collected from requestors who are not the registrants. (9) Not later than 6 months after the date of the enactment of this Act, submit to Congress a report on whether there is a need for Federal laws to address penalties for fraud and misuse of vital records and whether violations are sufficiently enforced. 205. Penalty for failure to file correct information returns (a) In general Section 6721 of the Internal Revenue Code of 1986 ( 26 U.S.C. 6721 ) is amended by adding at the end the following: (g) Most egregious noncompliant employers The Secretary shall assess the maximum allowable penalties on 100 percent of the employers designated in any tax year by the Social Security Administration as the most egregious noncompliant employers. (h) Employment of alien not authorized To be employed Notwithstanding any other provision in this section, in the case of a failure described in subsection (a)(2) with respect to any person employing an alien not authorized to be so employed, the penalty under this section shall be determined in accordance with the following table: In the case of— Not less than— Not more than— The first offense $2,500 $5,000 The second offense $7,500 $10,000 The third offense $25,000 $40,000. . (b) Effective date The amendment made by subsection (a) shall apply to with respect to information returns required to be filed for years beginning after December 31, 2012. 206. Authorization of appropriations There are authorized to be appropriated such sums as may be required to carry out this subtitle. B Nondeductibility of Wages Paid to Unauthorized Aliens 211. Clarification that wages paid to unauthorized aliens may not be deducted from gross income (a) In general Subsection (c) of section 162 of the Internal Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other payments) is amended by adding at the end the following new paragraph: (4) Wages paid to or on behalf of unauthorized aliens (A) In general No deduction shall be allowed under subsection (a) for any wage paid to or on behalf of an unauthorized alien, as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). (B) Wages For the purposes of this paragraph, the term wages means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash. (C) Safe harbor If a person or other entity is participating in the E-Verify Program described in section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring (or recruitment or referral) of an employee, subparagraph (A) shall not apply with respect to wages paid to such employee. . (b) Six-Year limitation on assessment and collection Subsection (c) of section 6501 of such Code (relating to exceptions) is amended by adding at the end the following new paragraph: (12) Deduction claimed for wages paid to unauthorized aliens In the case of a return of tax on which a deduction is shown in violation of section 162(c)(4), any tax under chapter 1 may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed. . (c) Use of documentation for enforcement purposes Section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) is amended— (1) in subparagraph (b)(5), by inserting , section 162(c)(4) of the Internal Revenue Code of 1986, after enforcement of this Act ; (2) in subparagraph (d)(2)(F), by inserting , section 162(c)(4) of the Internal Revenue Code of 1986, after enforcement of this Act ; and (3) in subparagraph (d)(2)(G), by inserting section 162(c)(4) of the Internal Revenue Code of 1986 or after or enforcement of . (d) Availability of information (1) In general The Commissioner of Social Security, the Secretary of the Department of Homeland Security, and the Secretary of the Treasury, shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act), including any no-match letter, any information in the earnings suspense file, and any information in the investigation and enforcement of section 162(c)(4) of the Internal Revenue Code of 1986. (2) Disclosure by Secretary of the Treasury (A) In general Subsection (i) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (9) Payment of wages to unauthorized aliens Upon request from the Commissioner of the Social Security Administration or the Secretary of the Department of Homeland Security, the Secretary shall disclose to officers and employees of such Administration or Department— (A) taxpayer identity information of employers who paid wages with respect to which a deduction was not allowed by reason of section 162(c)(4), and (B) taxpayer identity information of individuals to whom such wages were paid, for purposes of carrying out any enforcement activities of such Administration or Department with respect to such employers or individuals. . (B) Recordkeeping Paragraph (4) of section 6103(p) of such Code is amended— (i) by striking (5), or (7) in the matter preceding subparagraph (A) and inserting (5), (7), or (9) , and (ii) by striking (5) or (7) in subparagraph (F)(ii) and inserting (5), (7), or (9) . (e) Effective date (1) Except as provided in paragraph (2), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (2) The amendments made by subsections (a) and (b) shall apply to taxable years beginning after December 31, 2013. III Enhancing and Utilizing Current Interior Enforcement Methods 301. Increase investigative efforts (a) Federal agents An increase of personnel and resources will be needed to successfully enforce U.S. immigration laws and punish those who violate them. To this end, sufficient funds are authorized to be appropriated to employ 1,150 additional Immigration and Customs Enforcement Agents. (b) Criminal alien program (CAP) An additional 140 CAP officers are authorized to identify and remove criminal aliens encountered in Federal, State, and local detention facilities. (c) State and local law enforcement support The Secretary of Homeland Security shall take necessary steps to allow for the training of a minimum of 250 State and local law enforcement officers in Federal immigration law enforcement procedure. This would be an expansion of an already active and successful program. 302. Increased oversight of agents To ensure the ability of Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) to enforce integrity and ethical behavior throughout their expanded ranks, the Secretary of Homeland Security shall add no fewer than 8 Special Agents to the Office of Professional Responsibility. 303. Border relief grant program (a) In General From amounts made available under section 304, the Secretary of Homeland Security may make grants to— (1) sheriffs’ offices of counties any part of which is within 25 miles of the southern border of the United States; and (2) police departments serving a city, town, or other political subdivision in a county any part of which is within 25 miles of the southern border of the United States (including tribal police departments serving a community any part of which is within 25 miles of such border). (b) Use of Funds (1) In general Grant funds received under subsection (a) may be used for the following: (A) To conduct law enforcement operations in order to enforce criminal laws, prevent and punish criminal activity, and protect the lives, property, and security of the people within the jurisdiction of the grant recipient. (B) To transfer aliens detained or in the custody of the grant recipient who are not lawfully present in the United States to appropriate Federal law enforcement officials. (C) To enforce State and Federal laws relating to controlled substance trafficking and enforce other State and Federal criminal laws. (2) Payment of costs Use of funds under paragraph (1) shall include payment for costs of— (A) hiring, equipping, training, and otherwise controlling the operations and deployment of, law enforcement officials engaged in duties described in paragraph (1), as well as the costs of paying overtime to such officials; and (B) detaining, housing, and transporting aliens who are not lawfully present in the United States, and who are taken into custody by the grant recipient, until the aliens are transferred to appropriate Federal law enforcement officials. (3) Detention facilities In accordance with paragraph (2)(B), grant funds received under subsection (a) may be used for the construction, maintenance, and operation of detention facilities to detain aliens who are unlawfully present in the United States, except that not more than 20 percent of such funds may be used for the construction or renovation of detention or similar facilities. (c) Application (1) In general Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Secretary of Homeland Security at such time, in such manner, and accompanied by such information as the Secretary of Homeland Security may reasonably require. (2) Contents Each application submitted pursuant to paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Secretary of Homeland Security determines to be essential to ensure compliance with the requirements of this section. 304. Authorization of appropriations There are authorized to be appropriated to the Secretary of Homeland Security to carry out this section $200,000,000 for fiscal year 2014 and each succeeding fiscal year. 305. Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall issue regulations to carry out this Act. 306. Rewards program (a) Rewards program Section 274 ( 8 U.S.C. 1324 ) is amended by adding at the end the following: (f) Rewards program (1) In general There is established in the Department of Homeland Security a program for the payment of rewards to carry out the purposes of this section. (2) Purpose The rewards program shall be designed to assist in the elimination of commercial operations to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully and to assist in the investigation, prosecution, or disruption of a commercial alien smuggling operation. (3) Administration The rewards program shall be administered by the Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State. (4) Rewards authorized In the sole discretion of the Secretary of Homeland Security, such Secretary, in consultation, as appropriate, with the Attorney General and the Secretary of State, may pay a reward to any individual who furnishes information or testimony leading to— (A) the arrest or conviction of any individual conspiring or attempting to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully or to commit an act of commercial alien smuggling involving the transportation of aliens; (B) the arrest or conviction of any individual committing such an act; (C) the arrest or conviction of any individual aiding or abetting the commission of such an act; (D) the prevention, frustration, or favorable resolution of such an act, including the dismantling of an operation to produce or sell fraudulent documents to be used for entering or remaining in the United States, or commercial alien smuggling operations, in whole or in significant part; or (E) the identification or location of an individual who holds a key leadership position in an operation to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully or a commercial alien smuggling operation involving the transportation of aliens. (5) Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subsection. Amounts appropriated under this paragraph shall remain available until expended. (6) Ineligibility An officer or employee of any Federal, State, local, or foreign government who, while in performance of his or her official duties, furnishes information described in paragraph (4) shall not be eligible for a reward under this subsection for such furnishing. (7) Protection measures If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that an individual who furnishes information or testimony described in paragraph (4), or any spouse, child, parent, son, or daughter of such an individual, must be protected, such official may take such lawful action as the official considers necessary to effect such protection. (8) Limitations and certification (A) Maximum amount No reward under this subsection may exceed $100,000. (B) Approval Any reward under this subsection exceeding $50,000 shall be personally approved by the Secretary of Homeland Security. (C) Certification for payment Any reward granted under this subsection shall be certified for payment by the Secretary of Homeland Security. (9) Publicity The Department of Homeland Security shall be responsible for developing and implementing an advertising strategy to make known the rewards described within this section in order to solicit informants. . 307. Increased detention facilities for aliens apprehended for illegal entry (a) In general The Secretary of Homeland Security shall make arrangements for the availability of 8,000 additional beds for detaining aliens taken into custody by immigration officials. (b) Implementation Efforts shall be made to— (1) contract private facilities whenever possible to promote efficient use and to limit the Federal Government’s maintenance of and liability for additional infrastructure; (2) utilize State and local facilities for the provision of additional beds; and (3) utilize BRAC facilities or active duty facilities. (c) Construction The Department of Homeland Security shall construct facilities as necessary to meet the remainder of the 8,000 new beds to be provided. (d) Responsibilities The Secretary of Homeland Security shall be responsible for providing humane conditions, health care, nutrition, and psychological services, as well as education for minors. (e) Authorization All funds necessary to accomplish the directives within this section are authorized to be appropriated. 308. Additional Immigration Judgeships and law clerks (a) Judgeships The Attorney General shall create and fill twenty additional Immigration Judgeships within 6 months after the date of enactment of this Act. (b) Clerkships The Attorney General shall also ensure that for every two Immigration Judges there shall be no fewer than one law clerk dedicated to assisting Immigration Judges. 309. Media campaign (a) In general The Secretary of Labor and the Secretary of Homeland Security shall develop strategies to inform the public of changes in immigration policies created by provisions in this legislation. (b) Notification of changes to employment verification process The Secretary of Labor shall employ, at his or her discretion, a combination of multilingual print, television, Internet, and radio media to notify employers of changes to the employment verification process. Announcements should encourage compliance with new legislation and should explain penalties for noncompliance with provisions within this Act. (c) Multilingual media campaign The Secretary of Homeland Security shall also develop a multilingual media campaign explaining the extent of this legislation, the timelines therein, and the penalties for noncompliance with this Act. Announcements should be targeted toward undocumented aliens and should emphasize— (1) provisions in this Act that enhance border security and interior enforcement; (2) punishment for apprehension and forced removal of undocumented aliens; and (3) legal methods of reentering the United States, including temporary work visas. (d) Cooperation with other governments The Secretary of Homeland Security shall make all reasonable attempts to cooperate with the governments of the countries from which the largest number of undocumented aliens originate in the implementation of this media campaign. |
113-hr-831-ih-dtd | 113-hr-831 | 113 | hr | 831 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr831ih.xml | BILLS-113hr831ih.xml | 2023-01-08 17:37:41.672 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H656845C405A246E88DD55D37CFABC302" public-private="public">
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<dc:title>
113 HR 831 IH: Fair Wages for Workers with Disabilities Act of 2013
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U.S. House of Representatives
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<dc:date>
2013-02-26
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text/xml
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<dc:language>
EN
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<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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I
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<congress>
113th CONGRESS
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<session>
1st Session
</session>
<legis-num>
H. R. 831
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
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<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="H001045">
Mr. Harper
</sponsor>
(for himself,
<cosponsor name-id="A000361">
Mr. Alexander
</cosponsor>
,
<cosponsor name-id="B000490">
Mr. Bishop of Georgia
</cosponsor>
,
<cosponsor name-id="C000714">
Mr. Conyers
</cosponsor>
,
<cosponsor name-id="E000288">
Mr. Ellison
</cosponsor>
,
<cosponsor name-id="H000324">
Mr. Hastings of Florida
</cosponsor>
,
<cosponsor name-id="M001160">
Ms. Moore
</cosponsor>
,
<cosponsor name-id="N000147">
Ms. Norton
</cosponsor>
,
<cosponsor name-id="R000515">
Mr. Rush
</cosponsor>
,
<cosponsor name-id="T000469">
Mr. Tonko
</cosponsor>
,
<cosponsor name-id="Y000033">
Mr. Young of Alaska
</cosponsor>
, and
<cosponsor name-id="C000537">
Mr. Clyburn
</cosponsor>
) introduced the following bill; which was referred to the
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Committee on Education and the Workforce
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A BILL
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<official-title>
To phase out special wage certificates under the Fair Labor Standards Act of 1938 under which individuals with disabilities may be employed at subminimum wage rates.
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1.
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Short title
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<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Fair Wages for Workers with Disabilities Act of 2013
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</quote>
.
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2.
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Findings
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Congress finds the following:
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(1)
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<text>
Current Federal law allows the Secretary of Labor to grant special wage certificates to entities that provide employment to workers with disabilities, allowing such entities to pay their disabled workers at rates that are lower than the Federal minimum wage.
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<paragraph id="H31FEC59EEFA343D29347F74C0A9AFC1F">
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(2)
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<text>
The practice of paying workers with disabilities less than the Federal minimum wage dates back to the 1930s, when there were virtually no employment opportunities for disabled workers in the mainstream workforce.
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<paragraph id="H62F8A7F2B5714ABB842CE29AC07D4DB8">
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(3)
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<text>
Today, advancements in vocational rehabilitation, technology, and training provide disabled workers with greater opportunities than in the past, and the number of such workers in the national workforce has dramatically increased.
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(4)
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<text>
Employees with disabilities, when provided the proper rehabilitation services, training, and tools, can be as productive as nondisabled employees. Even those individuals that are considered most severely disabled have been able to successfully obtain employment earning minimum wage or higher.
</text>
</paragraph>
<paragraph id="HEADCEEDF900D47AAA122BD441E683C03">
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(5)
</enum>
<text>
While some employers possessing special wage certificates claim to provide rehabilitation and training to disabled workers to prepare them for competitive employment, the fact that such employers can pay their workers less than the Federal minimum wage gives them an incentive to exploit the cheap labor provided by their disabled workers rather than to prepare those workers for integrated employment in the mainstream economy.
</text>
</paragraph>
<paragraph id="H3A298AC0BC5945BF929F5A60869898F5">
<enum>
(6)
</enum>
<text>
Many employers with a history of paying subminimum wages benefit from philanthropic donations and preferred status when bidding on Federal contracts. Yet they claim that paying minimum wage to their employees with disabilities would result in lack of profitability and forced reduction of their workforces.
</text>
</paragraph>
<paragraph id="H8BC5E825B91F45CF8045D5AA2F11168A">
<enum>
(7)
</enum>
<text>
Other employers, recognizing that the payment of subminimum wages is in fact exploitation of disabled workers, are now paying the Federal minimum wage, or higher, to their employees with disabilities without reducing their workforces, while still maintaining their profitability. For example, National Industries for the Blind (NIB) agencies exploited their blind employees for years through the payment of subminimum wages, claiming they could not maintain profitability otherwise. Now,
<quote>
All NIB associated agencies are committed to the NIB Board policy to pay employees, whose only disability is blindness, at or above the Federal minimum wage or their state minimum wage, whichever is highest.
</quote>
</text>
</paragraph>
<paragraph id="H0465C17521A946DBB6528A45F5DA020D">
<enum>
(8)
</enum>
<text display-inline="yes-display-inline">
The Wage and Hour Division of the Department of Labor is charged with the responsibility for oversight of these special wage certificates. The results from thorough investigations conducted by the Government Accountability Office—
<quote>
Stronger Federal Efforts Needed for Providing Employment Opportunities and Enforcing Labor Standards in Sheltered Workshops, Report to the Congress, Comptroller General of the United States
</quote>
(HRD–81–99) and
<quote>
Report to Congressional Requesters, Special Wage Program: Centers Offer Employment and Support Services to Workers With Disabilities, But Labor Should Improve Oversight
</quote>
(GAO–01–886)—explain that due to lack of capacity, training, and resources, the Wage and Hour Division is incapable of enforcing compliance with the subminimum wage provision. Furthermore, the significant appropriation that would be required to improve oversight of the regulation would be better spent improving employment outcomes for people with disabilities.
</text>
</paragraph>
<paragraph id="H55C3757163984A57A299E85C7140FB0B">
<enum>
(9)
</enum>
<text>
According to the rules established under section 14(c) of the Fair Labor Standards Act of 1938, employers are to determine the special wage to be paid to a disabled employee through a complicated method that unfairly establishes a productivity benchmark that would be difficult for anyone to maintain. The inability of many employers to correctly establish the wage pursuant to the rule has regularly resulted in disabled employees receiving even less than the special minimum wage (below the federally established minimum wage) that they should have received under the regulation.
</text>
</paragraph>
</section>
<section id="H5728E19A4A1347C2BAD6FF37C4760C50">
<enum>
3.
</enum>
<header>
Transition to fair wages
</header>
<paragraph id="H91FBDE1201594162AE74A34F1CC2E3A8">
<enum>
(1)
</enum>
<header>
Discontinuance
</header>
<text>
Effective on the date of enactment of this Act, the Secretary of Labor shall discontinue issuing special wage certificates under section 14(c) of the Fair Labor Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/214">
29 U.S.C. 214(c)
</external-xref>
) to any new entities not currently holding a certificate.
</text>
</paragraph>
<paragraph id="H3BFABEAC749A4A548E7CA5202E01A0CD">
<enum>
(2)
</enum>
<header>
Transition
</header>
<text display-inline="yes-display-inline">
All special wage certificates held on the date of enactment of this Act—
</text>
<subparagraph id="H9CBB521D593C4CC786BB940C6D207361">
<enum>
(A)
</enum>
<text>
by private for profit entities shall be revoked 1 year after such date of enactment;
</text>
</subparagraph>
<subparagraph id="HA1F095C4852841BA8CA784ADA94598A0">
<enum>
(B)
</enum>
<text>
by public or governmental entities shall be revoked 2 years after such date of enactment; and
</text>
</subparagraph>
<subparagraph id="HC91EAD154BF042D0BB798F204C8CA64A">
<enum>
(C)
</enum>
<text>
by non-profit entities shall be revoked 3 years after such date of enactment.
</text>
</subparagraph>
</paragraph>
<paragraph id="H9BB4580AE19F44D4B58C8E2AD4158849">
<enum>
(3)
</enum>
<header>
Repeal
</header>
<text display-inline="yes-display-inline">
Effective 3 years from the date of enactment of this Act, section 14(c) of the Fair Labor Standards Act of 1938 (
<external-xref legal-doc="usc" parsable-cite="usc/29/214">
29 U.S.C. 214(c)
</external-xref>
) is repealed and any remaining special wage certificates issued under such section shall be revoked.
</text>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 831 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Harper (for himself, Mr. Alexander , Mr. Bishop of Georgia , Mr. Conyers , Mr. Ellison , Mr. Hastings of Florida , Ms. Moore , Ms. Norton , Mr. Rush , Mr. Tonko , Mr. Young of Alaska , and Mr. Clyburn ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To phase out special wage certificates under the Fair Labor Standards Act of 1938 under which individuals with disabilities may be employed at subminimum wage rates.
1. Short title This Act may be cited as the Fair Wages for Workers with Disabilities Act of 2013 . 2. Findings Congress finds the following: (1) Current Federal law allows the Secretary of Labor to grant special wage certificates to entities that provide employment to workers with disabilities, allowing such entities to pay their disabled workers at rates that are lower than the Federal minimum wage. (2) The practice of paying workers with disabilities less than the Federal minimum wage dates back to the 1930s, when there were virtually no employment opportunities for disabled workers in the mainstream workforce. (3) Today, advancements in vocational rehabilitation, technology, and training provide disabled workers with greater opportunities than in the past, and the number of such workers in the national workforce has dramatically increased. (4) Employees with disabilities, when provided the proper rehabilitation services, training, and tools, can be as productive as nondisabled employees. Even those individuals that are considered most severely disabled have been able to successfully obtain employment earning minimum wage or higher. (5) While some employers possessing special wage certificates claim to provide rehabilitation and training to disabled workers to prepare them for competitive employment, the fact that such employers can pay their workers less than the Federal minimum wage gives them an incentive to exploit the cheap labor provided by their disabled workers rather than to prepare those workers for integrated employment in the mainstream economy. (6) Many employers with a history of paying subminimum wages benefit from philanthropic donations and preferred status when bidding on Federal contracts. Yet they claim that paying minimum wage to their employees with disabilities would result in lack of profitability and forced reduction of their workforces. (7) Other employers, recognizing that the payment of subminimum wages is in fact exploitation of disabled workers, are now paying the Federal minimum wage, or higher, to their employees with disabilities without reducing their workforces, while still maintaining their profitability. For example, National Industries for the Blind (NIB) agencies exploited their blind employees for years through the payment of subminimum wages, claiming they could not maintain profitability otherwise. Now, All NIB associated agencies are committed to the NIB Board policy to pay employees, whose only disability is blindness, at or above the Federal minimum wage or their state minimum wage, whichever is highest. (8) The Wage and Hour Division of the Department of Labor is charged with the responsibility for oversight of these special wage certificates. The results from thorough investigations conducted by the Government Accountability Office— Stronger Federal Efforts Needed for Providing Employment Opportunities and Enforcing Labor Standards in Sheltered Workshops, Report to the Congress, Comptroller General of the United States (HRD–81–99) and Report to Congressional Requesters, Special Wage Program: Centers Offer Employment and Support Services to Workers With Disabilities, But Labor Should Improve Oversight (GAO–01–886)—explain that due to lack of capacity, training, and resources, the Wage and Hour Division is incapable of enforcing compliance with the subminimum wage provision. Furthermore, the significant appropriation that would be required to improve oversight of the regulation would be better spent improving employment outcomes for people with disabilities. (9) According to the rules established under section 14(c) of the Fair Labor Standards Act of 1938, employers are to determine the special wage to be paid to a disabled employee through a complicated method that unfairly establishes a productivity benchmark that would be difficult for anyone to maintain. The inability of many employers to correctly establish the wage pursuant to the rule has regularly resulted in disabled employees receiving even less than the special minimum wage (below the federally established minimum wage) that they should have received under the regulation. 3. Transition to fair wages (1) Discontinuance Effective on the date of enactment of this Act, the Secretary of Labor shall discontinue issuing special wage certificates under section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ) to any new entities not currently holding a certificate. (2) Transition All special wage certificates held on the date of enactment of this Act— (A) by private for profit entities shall be revoked 1 year after such date of enactment; (B) by public or governmental entities shall be revoked 2 years after such date of enactment; and (C) by non-profit entities shall be revoked 3 years after such date of enactment. (3) Repeal Effective 3 years from the date of enactment of this Act, section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ) is repealed and any remaining special wage certificates issued under such section shall be revoked. |
113-hr-832-ih-dtd | 113-hr-832 | 113 | hr | 832 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr832ih.xml | BILLS-113hr832ih.xml | 2023-01-08 17:37:41.794 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HD203366E1B0E4B638C6FB66C9447285B" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 832 IH: Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 832
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="H000636">
Mr. Hinojosa
</sponsor>
(for
himself,
<cosponsor name-id="V000132">
Mr. Vela
</cosponsor>
,
<cosponsor name-id="G000572">
Mr. Gallego
</cosponsor>
, and
<cosponsor name-id="O000170">
Mr. O’Rourke
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HII00">
Committee
on Natural Resources
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Lower Rio Grande Valley Water Resources
Conservation and Improvement Act of 2000 to authorize additional projects and
activities under that Act, and for other purposes.
</official-title>
</form>
<legis-body id="HC5FD4848595F44DBAB8F9335FB921AAA" style="OLC">
<section id="H1AB00CF7DDFC40A0B268C15CA0E53ABC" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Lower Rio Grande Valley Water
Resources Conservation and Improvement Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="HC6EA072A4D7443A096D0AD3AC23316E4">
<enum>
2.
</enum>
<header>
Authorization of
additional projects and activities under the lower rio grande water
conservation and improvement program
</header>
<subsection id="H0F7164B188F74CBF878D7CE725B25CC0">
<enum>
(a)
</enum>
<header>
Additional
projects
</header>
<text>
Section 4(a) of the Lower Rio Grande Valley Water
Resources Conservation and Improvement Act of 2000 (
<external-xref legal-doc="public-law" parsable-cite="pl/106/576">
Public Law 106–576
</external-xref>
; 114
Stat. 3067) is amended by adding at the end the following:
</text>
<quoted-block id="H496924B766DD4E4489AC1F75E97C1590" style="OLC">
<paragraph id="H89384216E1BB4916AA1B21FF039964FC">
<enum>
(20)
</enum>
<text>
In Cameron
County, Texas, Bayview Irrigation District No. 11, water conservation and
improvement projects as identified in the March 3, 2004, engineering report by
NRS Consulting Engineers at a cost of $1,425,219.
</text>
</paragraph>
<paragraph id="HB8261A72C535418D8ECFCC75BD2BECD6">
<enum>
(21)
</enum>
<text>
In the Cameron
County, Texas Harlingen Irrigation District No. 1, water conservation and
improvement projects as identified in the March 2004 engineering report by
Axiom-Blair Engineering at a cost of $5,133,432.00.
</text>
</paragraph>
<paragraph id="H06F842A880B441ADAFA55315123A1433">
<enum>
(22)
</enum>
<text>
In the Cameron
County, Texas, Cameron County Irrigation District No. 2, water conservation and
improvement projects as identified in the February 11, 2004, engineering report
by NRS Consulting Engineers at a cost of $8,269,576.
</text>
</paragraph>
<paragraph id="H3CE8DBB5CE0245D4AA50102979F6E44E">
<enum>
(23)
</enum>
<text>
In the Cameron
County, Texas, Cameron County Irrigation District No. 6, water conservation and
improvement projects as identified in an engineering report by Turner Collie
Braden, Inc., at a cost of $5,607,300.
</text>
</paragraph>
<paragraph id="HEFDFB91B7FF042CA991E86EAF578F03E">
<enum>
(24)
</enum>
<text>
In the Cameron
County, Texas, Adams Gardens Irrigation District No. 19, water conservation and
improvement projects as identified in the March 2004 engineering report by
Axiom-Blair Engineering at a cost of $3,025,000.
</text>
</paragraph>
<paragraph id="H3F0CA1A783A74776AE89DF3C27AE3D3B">
<enum>
(25)
</enum>
<text>
In the Hidalgo
and Cameron Counties, Texas, Hidalgo and Cameron Counties Irrigation District
No. 9, water conservation and improvement projects as identified by the
February 11 engineering report by NRS Consulting Engineers at a cost of
$8,929,152.
</text>
</paragraph>
<paragraph id="H25F315930E0545BD8F3BAAA3939DCDEC">
<enum>
(26)
</enum>
<text>
In the Hidalgo
and Willacy Counties, Texas, Delta Lake Irrigation District, water conservation
and improvement projects as identified in the March 2004 engineering report by
Axiom-Blair Engineering at a cost of $8,000,000.
</text>
</paragraph>
<paragraph id="H553E7B06BE434FEB86B4BC0600EDDE5F">
<enum>
(27)
</enum>
<text>
In the Hidalgo
County, Texas, Hidalgo County Irrigation District No. 2, water conservation and
improvement projects identified in the engineering reports attached to a letter
dated February 11, 2004, from the district’s general manager, and the
renovation of a pumping plant for flood protection identified in by Sigler,
Winston, Greenwood Associates at a cost of $13,117,710.
</text>
</paragraph>
<paragraph id="H0CC884047A2A47FEA3F2018892B16ADC">
<enum>
(28)
</enum>
<text display-inline="yes-display-inline">
In the Hidalgo County, Texas, Hidalgo
County Irrigation District No. 1, water conservation and improvement projects
identified in an engineering report dated March 5, 2004, by Melden and Hunt,
Inc. at a cost of $5,595,018.
</text>
</paragraph>
<paragraph id="H4B01FF8D3E9940CC8D5EA37522D0D0E1">
<enum>
(29)
</enum>
<text>
In the Hidalgo
County, Texas, Hidalgo County Irrigation District No. 6, water conservation and
improvement projects as identified in the March 2004 engineering report by
Axiom-Blair Engineering at a cost of $3,450,000.
</text>
</paragraph>
<paragraph id="HA861FCD3ED734458A46442EB8C524A11">
<enum>
(30)
</enum>
<text>
In the Hidalgo
County, Texas Santa Cruz Irrigation District No. 15, water conservation and
improvement projects as identified in an engineering report dated March 5,
2004, by Melden and Hunt at a cost of $4,609,000.
</text>
</paragraph>
<paragraph id="H4C52A8DB084F4C4F8997747B8BB0E07F">
<enum>
(31)
</enum>
<text>
In the Hidalgo
County, Texas, Engelman Irrigation District, water conservation and improvement
projects as identified in an engineering report dated March 5, 2004, by Melden
and Hunt, Inc. at a cost of $2,251,480.
</text>
</paragraph>
<paragraph id="HEC67021BAC0E4EAABCED50119DE5B124">
<enum>
(32)
</enum>
<text>
In the Hidalgo
County, Texas, Valley Acres Water District, water conservation and improvement
projects as identified in an engineering report dated March 2004 by Axiom-Blair
Engineering at a cost of $500,000.
</text>
</paragraph>
<paragraph id="HE3CC6CD334EC4D9E81CABBB5288D0E28">
<enum>
(33)
</enum>
<text>
In the Hudspeth
County, Texas, Hudspeth County Conservation and Reclamation District No. 1,
water conservation and improvement projects as identified in the March 2004
engineering report by Axiom-Blair Engineering at a cost of $1,500,000.
</text>
</paragraph>
<paragraph id="H635683B1F9494FB49FB41D0A9609360A">
<enum>
(34)
</enum>
<text>
In the El Paso
County, Texas, El Paso County Water Improvement District No. 1, water
conservation and improvement projects as identified in the March 2004
engineering report by Axiom-Blair Engineering at a cost of $10,500,000.
</text>
</paragraph>
<paragraph id="H0E7F50F8060148E892A809DB09670A20">
<enum>
(35)
</enum>
<text>
In the Hidalgo
County, Texas, Hidalgo County Irrigation District No. 16, water conservation
and improvement projects identified in an engineering report dated March 22,
2004, by Melden and Hunt, Inc. at a cost of $2,800,000.
</text>
</paragraph>
<paragraph id="H7D842B09F2F041418B478BFE96908CDC">
<enum>
(36)
</enum>
<text>
The United
Irrigation District of Hidalgo County water conservation and improvement
projects as identified in a March 2004 engineering report by Sigler Winston,
Greenwood and Associates at a cost of
$6,067,021.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HD21026B57FB849B5BA8E43FBB1E9244C">
<enum>
(b)
</enum>
<header>
Inclusion of
activities To conserve water or improve supply; transfers among
projects
</header>
<text display-inline="yes-display-inline">
Section 4 of such
Act (
<external-xref legal-doc="public-law" parsable-cite="pl/106/576">
Public Law 106–576
</external-xref>
; 114 Stat. 3067) is further amended by redesignating
subsection (c) as subsection (e), and by inserting after subsection (b) the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H7D4827981E214CE18E6FCFCE004EB3A5" style="OLC">
<subsection id="H3FB867D0396343E0859FE29B259CD23E">
<enum>
(c)
</enum>
<header>
Inclusion of
activities To conserve water or improve supply
</header>
<text>
In addition to the
activities identified in the engineering reports referred to in subsection (a),
each project that the Secretary conducts or participates in under subsection
(a) may include any of the following:
</text>
<paragraph id="H253EBE813B9C4AFC8EC272D66D4A5BAD">
<enum>
(1)
</enum>
<text>
The replacement of
irrigation canals and lateral canals with buried pipelines.
</text>
</paragraph>
<paragraph id="HEFCEE54B1220429988296D70091D5304">
<enum>
(2)
</enum>
<text>
The impervious
lining of irrigation canals and lateral canals.
</text>
</paragraph>
<paragraph id="H9908FD0752024218860B932116E2FB33">
<enum>
(3)
</enum>
<text>
Installation of
water level, flow measurement, pump control, and telemetry systems.
</text>
</paragraph>
<paragraph id="H1DF462CCE3BA4B24A4DC610900630CBD">
<enum>
(4)
</enum>
<text>
The renovation and
replacement of pumping plants.
</text>
</paragraph>
<paragraph id="HC7D941863113451297D1971BE2D53E28">
<enum>
(5)
</enum>
<text>
Other activities
that will result in the conservation of water or an improved supply of
water.
</text>
</paragraph>
</subsection>
<subsection id="H67662FFD676744F9954CF5DDFAD62510">
<enum>
(d)
</enum>
<header>
Transfers among
projects
</header>
<text>
Of amounts made available for a project referred to in
any of paragraphs (20) through (36) of subsection (a), the Secretary may
transfer and use for another such project up to 10
percent.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HB3001C2514D64A24A4212CCE511E2AC2">
<enum>
3.
</enum>
<header>
Reauthorization
of appropriations for lower rio grande construction
</header>
<text display-inline="no-display-inline">
Section 4(e) of the Lower Rio Grande Valley
Water Resources Conservation and Improvement Act of 2000 (
<external-xref legal-doc="public-law" parsable-cite="pl/106/576">
Public Law 106–576
</external-xref>
;
114 Stat. 3067), as redesignated by section 2(b) of this Act, is further
amended by inserting before the period the following:
<quote>
for projects
referred to in paragraphs (1) through (19) of subsection (a), and $45,389,954
for projects referred to in paragraphs (20) through (36) of subsection
(a)
</quote>
.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 832 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Hinojosa (for himself, Mr. Vela , Mr. Gallego , and Mr. O’Rourke ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize additional projects and activities under that Act, and for other purposes.
1. Short title This Act may be cited as the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2013 . 2. Authorization of additional projects and activities under the lower rio grande water conservation and improvement program (a) Additional projects Section 4(a) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 ( Public Law 106–576 ; 114 Stat. 3067) is amended by adding at the end the following: (20) In Cameron County, Texas, Bayview Irrigation District No. 11, water conservation and improvement projects as identified in the March 3, 2004, engineering report by NRS Consulting Engineers at a cost of $1,425,219. (21) In the Cameron County, Texas Harlingen Irrigation District No. 1, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $5,133,432.00. (22) In the Cameron County, Texas, Cameron County Irrigation District No. 2, water conservation and improvement projects as identified in the February 11, 2004, engineering report by NRS Consulting Engineers at a cost of $8,269,576. (23) In the Cameron County, Texas, Cameron County Irrigation District No. 6, water conservation and improvement projects as identified in an engineering report by Turner Collie Braden, Inc., at a cost of $5,607,300. (24) In the Cameron County, Texas, Adams Gardens Irrigation District No. 19, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $3,025,000. (25) In the Hidalgo and Cameron Counties, Texas, Hidalgo and Cameron Counties Irrigation District No. 9, water conservation and improvement projects as identified by the February 11 engineering report by NRS Consulting Engineers at a cost of $8,929,152. (26) In the Hidalgo and Willacy Counties, Texas, Delta Lake Irrigation District, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $8,000,000. (27) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 2, water conservation and improvement projects identified in the engineering reports attached to a letter dated February 11, 2004, from the district’s general manager, and the renovation of a pumping plant for flood protection identified in by Sigler, Winston, Greenwood Associates at a cost of $13,117,710. (28) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 1, water conservation and improvement projects identified in an engineering report dated March 5, 2004, by Melden and Hunt, Inc. at a cost of $5,595,018. (29) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 6, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $3,450,000. (30) In the Hidalgo County, Texas Santa Cruz Irrigation District No. 15, water conservation and improvement projects as identified in an engineering report dated March 5, 2004, by Melden and Hunt at a cost of $4,609,000. (31) In the Hidalgo County, Texas, Engelman Irrigation District, water conservation and improvement projects as identified in an engineering report dated March 5, 2004, by Melden and Hunt, Inc. at a cost of $2,251,480. (32) In the Hidalgo County, Texas, Valley Acres Water District, water conservation and improvement projects as identified in an engineering report dated March 2004 by Axiom-Blair Engineering at a cost of $500,000. (33) In the Hudspeth County, Texas, Hudspeth County Conservation and Reclamation District No. 1, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $1,500,000. (34) In the El Paso County, Texas, El Paso County Water Improvement District No. 1, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $10,500,000. (35) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 16, water conservation and improvement projects identified in an engineering report dated March 22, 2004, by Melden and Hunt, Inc. at a cost of $2,800,000. (36) The United Irrigation District of Hidalgo County water conservation and improvement projects as identified in a March 2004 engineering report by Sigler Winston, Greenwood and Associates at a cost of $6,067,021. . (b) Inclusion of activities To conserve water or improve supply; transfers among projects Section 4 of such Act ( Public Law 106–576 ; 114 Stat. 3067) is further amended by redesignating subsection (c) as subsection (e), and by inserting after subsection (b) the following: (c) Inclusion of activities To conserve water or improve supply In addition to the activities identified in the engineering reports referred to in subsection (a), each project that the Secretary conducts or participates in under subsection (a) may include any of the following: (1) The replacement of irrigation canals and lateral canals with buried pipelines. (2) The impervious lining of irrigation canals and lateral canals. (3) Installation of water level, flow measurement, pump control, and telemetry systems. (4) The renovation and replacement of pumping plants. (5) Other activities that will result in the conservation of water or an improved supply of water. (d) Transfers among projects Of amounts made available for a project referred to in any of paragraphs (20) through (36) of subsection (a), the Secretary may transfer and use for another such project up to 10 percent. . 3. Reauthorization of appropriations for lower rio grande construction Section 4(e) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 ( Public Law 106–576 ; 114 Stat. 3067), as redesignated by section 2(b) of this Act, is further amended by inserting before the period the following: for projects referred to in paragraphs (1) through (19) of subsection (a), and $45,389,954 for projects referred to in paragraphs (20) through (36) of subsection (a) . |
113-hr-833-ih-dtd | 113-hr-833 | 113 | hr | 833 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr833ih.xml | BILLS-113hr833ih.xml | 2023-01-08 17:37:40.987 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HBC1DF4198F70429EB00F49EEE2A06422" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 833 IH: To amend title 10, United States Code, to require that the Purple Heart occupy a position of precedence above the new Distinguished Warfare Medal.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 833
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="H001048">
Mr. Hunter
</sponsor>
(for himself,
<cosponsor name-id="R000583">
Mr. Rooney
</cosponsor>
,
<cosponsor name-id="M001151">
Mr. Murphy of Pennsylvania
</cosponsor>
,
<cosponsor name-id="K000378">
Mr. Kinzinger of Illinois
</cosponsor>
, and
<cosponsor name-id="H001055">
Mr. Heck of Nevada
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name committee-id="HAS00">
Committee on Armed Services
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title 10, United States Code, to require that the Purple Heart occupy a position of precedence above the new Distinguished Warfare Medal.
</official-title>
</form>
<legis-body id="HA6C4F8562C324BE9A2A77BDDB7B7F62B" style="OLC">
<section id="HD148DEC3B01E449D9D1FBA2957844CCC" section-type="section-one">
<enum>
1.
</enum>
<header>
Precedence of award of Purple Heart compared to award of Distinguished Warfare Medal
</header>
<text display-inline="no-display-inline">
<external-xref legal-doc="usc" parsable-cite="usc/10/1127">
Section 1127
</external-xref>
of title 10, United States Code, is amended by striking
<quote>
displayed, not lower than that immediately following the bronze star.
</quote>
and inserting the following:
</text>
<quoted-block display-inline="yes-display-inline" id="H57AAD8F476E94451A0E9A1D1B5FA20E6" style="OLC">
<text display-inline="yes-display-inline">
displayed—
</text>
<paragraph id="H79E3D9C9AF934BF99A040CBB036C2A33">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
not lower than the position immediately following the position of the bronze star; and
</text>
</paragraph>
<paragraph id="H6254EA2E43324688B2C5F3F118ED9EFA">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
above the position of the Distinguished Warfare Medal.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 833 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Hunter (for himself, Mr. Rooney , Mr. Murphy of Pennsylvania , Mr. Kinzinger of Illinois , and Mr. Heck of Nevada ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to require that the Purple Heart occupy a position of precedence above the new Distinguished Warfare Medal.
1. Precedence of award of Purple Heart compared to award of Distinguished Warfare Medal Section 1127 of title 10, United States Code, is amended by striking displayed, not lower than that immediately following the bronze star. and inserting the following: displayed— (1) not lower than the position immediately following the position of the bronze star; and (2) above the position of the Distinguished Warfare Medal. . |
113-hr-834-ih-dtd | 113-hr-834 | 113 | hr | 834 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr834ih.xml | BILLS-113hr834ih.xml | 2023-01-08 17:37:41.439 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dc:title>
113 HR 834 IH: Veterans’ Efficiencies Through Savings Act of 2013
</dc:title>
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U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 834
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="L000554">
Mr. LoBiondo
</sponsor>
(for
himself,
<cosponsor name-id="S000522">
Mr. Smith of New Jersey
</cosponsor>
,
<cosponsor name-id="R000594">
Mr. Runyan
</cosponsor>
, and
<cosponsor name-id="A000210">
Mr. Andrews
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HVR00">
Committee
on Veterans’ Affairs
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To direct the Secretary of Veterans Affairs to conduct
cost-benefit analyses for the provision of medical care by the Department of
Veterans Affairs in certain geographic areas served by multiple Department of
Veterans Affairs medical facilities.
</official-title>
</form>
<legis-body id="HDDC9F89E97644D1C8746D97D0E468719" style="OLC">
<section id="H0F0FC71246F3420E8D898F1055FC71A6" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Veterans’ Efficiencies Through Savings
Act of 2013
</short-title>
</quote>
or the
<quote>
<short-title>
VETS Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HD36A8CE03FFB461D85018077E11F0220">
<enum>
2.
</enum>
<header>
Cost-benefit
analyses required for certain geographic areas served by multiple Department of
Veterans Affairs medical facilities
</header>
<subsection id="H08D981F2B639453FB2636E1BFBB8A7B9">
<enum>
(a)
</enum>
<header>
Cost-Benefit
analysis required
</header>
<text display-inline="yes-display-inline">
The
Secretary of Veterans Affairs shall conduct a cost-benefit analysis of the
provision of medical care by the Department of Veterans Affairs for the
following geographic areas:
</text>
<paragraph id="H3183A7A003A94B17AFE4814050E42231">
<enum>
(1)
</enum>
<text>
Any 75 square mile
area where three or more Department outpatient clinics are located.
</text>
</paragraph>
<paragraph id="H9042E08D49504432B00047C58DAC159C">
<enum>
(2)
</enum>
<text>
Any 100 square
mile area where two or more Department hospitals are located.
</text>
</paragraph>
</subsection>
<subsection id="H5C33191F4E8B4ACCB4DF2DB5382B2618">
<enum>
(b)
</enum>
<header>
Contents of
analysis
</header>
<text>
In conducting a cost-benefit analysis under subsection
(a)—
</text>
<paragraph id="H07713597235E4A64859CF28BBE9EE171">
<enum>
(1)
</enum>
<text>
for any area
described in paragraph (1) of such subsection, the Secretary shall determine
whether the benefits of operating all three clinics in the area outweigh the
benefits of replacing such clinics with one comprehensive outpatient
clinic;
</text>
</paragraph>
<paragraph id="HB47BD45F049A401A9347EFBED3B5548E">
<enum>
(2)
</enum>
<text>
the Secretary
shall consider the benefits of constructing a new Department hospital to serve
veterans residing in the area and the benefits of entering into an agreement
with a non-Department hospital for the provision of dedicated space within the
hospital to provide in-patient hospital care to veterans residing in the area;
and
</text>
</paragraph>
<paragraph id="H6BF5CEAD2C234FFFBE7FCDBE6CA5294F">
<enum>
(3)
</enum>
<text>
the Secretary
shall evaluate any agreements entered into with non-Department medical care
providers to provide medical care to veterans residing in an area served by one
or more of the outpatient clinics or hospitals located in the area for which
the analysis is conducted to determine whether to enter into such an agreement
with any additional providers.
</text>
</paragraph>
</subsection>
<subsection id="H2C35CAC354C54B2CB884C380CCF2DEC9">
<enum>
(c)
</enum>
<header>
Report to
Congress
</header>
<text>
Not later than 6 months after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on any
cost-benefit analysis conducted under this section.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 834 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. LoBiondo (for himself, Mr. Smith of New Jersey , Mr. Runyan , and Mr. Andrews ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to conduct cost-benefit analyses for the provision of medical care by the Department of Veterans Affairs in certain geographic areas served by multiple Department of Veterans Affairs medical facilities.
1. Short title This Act may be cited as the Veterans’ Efficiencies Through Savings Act of 2013 or the VETS Act of 2013 . 2. Cost-benefit analyses required for certain geographic areas served by multiple Department of Veterans Affairs medical facilities (a) Cost-Benefit analysis required The Secretary of Veterans Affairs shall conduct a cost-benefit analysis of the provision of medical care by the Department of Veterans Affairs for the following geographic areas: (1) Any 75 square mile area where three or more Department outpatient clinics are located. (2) Any 100 square mile area where two or more Department hospitals are located. (b) Contents of analysis In conducting a cost-benefit analysis under subsection (a)— (1) for any area described in paragraph (1) of such subsection, the Secretary shall determine whether the benefits of operating all three clinics in the area outweigh the benefits of replacing such clinics with one comprehensive outpatient clinic; (2) the Secretary shall consider the benefits of constructing a new Department hospital to serve veterans residing in the area and the benefits of entering into an agreement with a non-Department hospital for the provision of dedicated space within the hospital to provide in-patient hospital care to veterans residing in the area; and (3) the Secretary shall evaluate any agreements entered into with non-Department medical care providers to provide medical care to veterans residing in an area served by one or more of the outpatient clinics or hospitals located in the area for which the analysis is conducted to determine whether to enter into such an agreement with any additional providers. (c) Report to Congress Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on any cost-benefit analysis conducted under this section. |
113-hr-835-ih-dtd | 113-hr-835 | 113 | hr | 835 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr835ih.xml | BILLS-113hr835ih.xml | 2023-01-08 17:37:40.874 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H6BCF366AEDC64D0CAE7C3224A97A4842" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 835 IH: Energy Assistance for American Families Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 835
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="M000133">
Mr. Markey
</sponsor>
(for
himself,
<cosponsor name-id="L000557">
Mr. Larson of Connecticut
</cosponsor>
,
<cosponsor name-id="D000216">
Ms. DeLauro
</cosponsor>
,
<cosponsor name-id="M000312">
Mr. McGovern
</cosponsor>
, and
<cosponsor name-id="W000800">
Mr. Welch
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HIF00">
Committee
on Energy and Commerce
</committee-name>
, and in addition to the Committee on
<committee-name committee-id="HED00">
Education and the
Workforce
</committee-name>
, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To reauthorize the Low-Income Home Energy Assistance
Program for fiscal years 2014 through 2018, and for other
purposes.
</official-title>
</form>
<legis-body id="HCA0DEB9882CF4C739435DA7CCE519B18" style="OLC">
<section id="HC0D82F0253D44941B5577CEDCEDF7980" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Energy Assistance for American
Families Act
</short-title>
</quote>
.
</text>
</section>
<section id="HCB338037859E49D890C7E4F00F0CC077">
<enum>
2.
</enum>
<header>
Reauthorization
of LIHEAP
</header>
<text display-inline="no-display-inline">
Section 2602(b) of
the Low-Income Home Energy Assistance Act of 1981 (
<external-xref legal-doc="usc" parsable-cite="usc/42/8621">
42 U.S.C. 8621(b)
</external-xref>
) is
amended—
</text>
<paragraph id="HED5242D6D24E4248BC7B2D1443562854">
<enum>
(1)
</enum>
<text>
by striking
<quote>
2001, and
</quote>
and inserting
<quote>
2001,
</quote>
; and
</text>
</paragraph>
<paragraph id="HD3EAF3A4100147BF863D2E77469FF3DB">
<enum>
(2)
</enum>
<text>
by inserting after
<quote>
2007
</quote>
the following:
<quote>
, and $7,600,000,000 for each of
fiscal years 2014 through 2018. Notwithstanding section 2605(b)(2)(B)(ii), a
State may use any allotment from funds appropriated under this subsection for
fiscal years 2014 through 2018 to provide assistance to households whose income
does not exceed 75 percent of the State median income
</quote>
.
</text>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 835 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Markey (for himself, Mr. Larson of Connecticut , Ms. DeLauro , Mr. McGovern , and Mr. Welch ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reauthorize the Low-Income Home Energy Assistance Program for fiscal years 2014 through 2018, and for other purposes.
1. Short title This Act may be cited as the Energy Assistance for American Families Act . 2. Reauthorization of LIHEAP Section 2602(b) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621(b) ) is amended— (1) by striking 2001, and and inserting 2001, ; and (2) by inserting after 2007 the following: , and $7,600,000,000 for each of fiscal years 2014 through 2018. Notwithstanding section 2605(b)(2)(B)(ii), a State may use any allotment from funds appropriated under this subsection for fiscal years 2014 through 2018 to provide assistance to households whose income does not exceed 75 percent of the State median income . |
113-hr-836-ih-dtd | 113-hr-836 | 113 | hr | 836 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr836ih.xml | BILLS-113hr836ih.xml | 2023-01-08 17:37:40.422 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H6033E37A751D42A9BA9B1AF999700B4B" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 836 IH: Sunshine on Conflicts Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 836
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="M001139">
Mr. Gary G. Miller of
California
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HPW00">
Committee on Transportation and
Infrastructure
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Federal Water Pollution Control Act to
clarify the requirement that permit applications for the discharge of
pollutants be approved by disinterested board members, and for other
purposes.
</official-title>
</form>
<legis-body id="H1E967FBEEC9A4708A5BC39331BE9959B" style="OLC">
<section id="H125C225AF5374D8EA8FDEF2906AFE4B6" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Sunshine on Conflicts Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="H79695965F7314F84AC834E7769E625D0">
<enum>
2.
</enum>
<header>
Approval by
disinterested board members
</header>
<subsection id="HF9E958D48C4048618CA2A621BE6CA51B">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Section 402(a) of the Federal Water Pollution Control Act
(
<external-xref legal-doc="usc" parsable-cite="usc/33/1342">
33 U.S.C. 1342(a)
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H885026EA2ABA46109E9AE7E13BCEE729" style="OLC">
<paragraph id="H5D9EBAEE63124152AFC5736049167BE0" indent="up1">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
Not later than 60 days after the date of
the enactment of this paragraph, the Administrator shall issue a rule to
prohibit any member of a board or body that approves permit applications or
portions thereof from voting upon, or seeking to influence, the approval of any
permit in which that member has a direct or indirect financial interest, as
defined in applicable State
law.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HCED34F6DC90541709736895E64EBA3AC">
<enum>
(b)
</enum>
<header>
No force or
effect of existing regulation
</header>
<text display-inline="yes-display-inline">
<external-xref legal-doc="usc" parsable-cite="usc/40/123">
Section 123.25(c)
</external-xref>
of title 40, Code of
Federal Regulations, shall have no further force or effect after the earliest
of the date on which a rule is issued under section 402(a)(6) of the Federal
Water Pollution Control Act (
<external-xref legal-doc="usc" parsable-cite="usc/33/1342">
33 U.S.C. 1342(a)(6)
</external-xref>
) or the end of the 120-day
period beginning on the date of the enactment of this section.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 836 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Gary G. Miller of California introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to clarify the requirement that permit applications for the discharge of pollutants be approved by disinterested board members, and for other purposes.
1. Short title This Act may be cited as the Sunshine on Conflicts Act of 2013 . 2. Approval by disinterested board members (a) In general Section 402(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(a) ) is amended by adding at the end the following: (6) Not later than 60 days after the date of the enactment of this paragraph, the Administrator shall issue a rule to prohibit any member of a board or body that approves permit applications or portions thereof from voting upon, or seeking to influence, the approval of any permit in which that member has a direct or indirect financial interest, as defined in applicable State law. . (b) No force or effect of existing regulation Section 123.25(c) of title 40, Code of Federal Regulations, shall have no further force or effect after the earliest of the date on which a rule is issued under section 402(a)(6) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(a)(6) ) or the end of the 120-day period beginning on the date of the enactment of this section. |
113-hr-837-ih-dtd | 113-hr-837 | 113 | hr | 837 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr837ih.xml | BILLS-113hr837ih.xml | 2023-01-08 17:37:40.004 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HF3A060131BE44B2B9D907D9B922BFECE" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 837 IH: Savings for American Families’ Future Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 837
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="N000015">
Mr. Neal
</sponsor>
(for
himself,
<cosponsor name-id="L000287">
Mr. Lewis
</cosponsor>
,
<cosponsor name-id="K000188">
Mr. Kind
</cosponsor>
, and
<cosponsor name-id="E000288">
Mr. Ellison
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HWM00">
Committee
on Ways and Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Internal Revenue Code of 1986 to expand the
availability of the saver’s credit, to make the credit refundable, and to make
Federal matching contributions into the retirement savings of the
taxpayer.
</official-title>
</form>
<legis-body id="HEE62219DDA584492A8E7DEF9AE0F7B65" style="OLC">
<section display-inline="no-display-inline" id="HC2523A9195FE475582FBBA8B3E68D903" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Savings for American Families’ Future
Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HFEFE6EED74844A24A2B9AEC80EE0690A">
<enum>
2.
</enum>
<header>
Modification of
saver’s credit
</header>
<subsection id="HD31AC36E85494F67B5E9D50F60EA1BB2">
<enum>
(a)
</enum>
<header>
50 percent
credit for all taxpayers: expansion of phaseout ranges
</header>
<text>
Subsection
(b) of
<external-xref legal-doc="usc" parsable-cite="usc/26/25B">
section 25B
</external-xref>
of the Internal Revenue Code of 1986 is amended to read as
follows:
</text>
<quoted-block display-inline="no-display-inline" id="H1F65B8054ECA41488A8B6874D92B79A2" style="OLC">
<subsection id="H0D5B555744EE41D582E0D0B48F35DA7D">
<enum>
(b)
</enum>
<header>
Applicable
percentage
</header>
<text>
For purposes of this section—
</text>
<paragraph id="H0E20473638D3464BA07AC1C53AB8313B">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Except as provided in paragraph (2), the applicable
percentage is 50 percent.
</text>
</paragraph>
<paragraph id="H5174750DF1944A2683047BA31B8A8FD0">
<enum>
(2)
</enum>
<header>
Phaseout
</header>
<text>
The
percentage under paragraph (1) shall be reduced (but not below zero) by the
number of percentage points which bears the same ratio to 50 percentage points
as—
</text>
<subparagraph id="H0F0B519871F84828B11BDA8DD8098FBD">
<enum>
(A)
</enum>
<text>
the excess
of—
</text>
<clause id="HA4B68B0EC2B345879A342D44B692FEEF">
<enum>
(i)
</enum>
<text>
the taxpayer’s
adjusted gross income for such taxable year, over
</text>
</clause>
<clause id="HF06CC2BB0A4D45B4B64752EBD42FF018">
<enum>
(ii)
</enum>
<text>
the applicable
dollar amount, bears to
</text>
</clause>
</subparagraph>
<subparagraph id="H59FB1C9120F047AA84C6679F2EF0018E">
<enum>
(B)
</enum>
<text>
the phaseout
range.
</text>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
If any
reduction determined under this paragraph is not a whole percentage point, such
reduction shall be rounded to the nearest whole percentage point.
</continuation-text>
</paragraph>
<paragraph id="H597E546DB6674043A0B894A6B315BABD">
<enum>
(3)
</enum>
<header>
Applicable
dollar amount; phaseout range
</header>
<subparagraph id="H011F4093562C45CCAD5D341F821FF5AE">
<enum>
(A)
</enum>
<header>
Joint
returns
</header>
<text>
Except as provided in subparagraph (B)—
</text>
<clause id="HCF409C57827245AAA3C79608CD8EDDA0">
<enum>
(i)
</enum>
<text>
the applicable
dollar amount is $65,000, and
</text>
</clause>
<clause id="H70D78B322B0744529BB66E15C6AA6FFA">
<enum>
(ii)
</enum>
<text>
the phaseout
range is $20,000.
</text>
</clause>
</subparagraph>
<subparagraph id="H727A8031FB2945ACB19D90A3F7F7185D">
<enum>
(B)
</enum>
<header>
Other
returns
</header>
<text display-inline="yes-display-inline">
In the case
of—
</text>
<clause id="H040FF438B8974CF186FC960D1E737078">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
a head of a household (as defined in
section 2(b)), the applicable dollar amount and the phaseout range shall be
<fraction>
3/4
</fraction>
of the amounts applicable under subparagraph (A) (as
adjusted under paragraph (4)), and
</text>
</clause>
<clause id="HF05FADE153574B499C6BE76189D5DD39">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
any taxpayer who is not filing a joint
return and who is not a head of a household (as so defined), the applicable
dollar amount and the phaseout range shall be
<fraction>
½
</fraction>
of the
amounts applicable under subparagraph (A) (as so adjusted).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H6C39C59B851E4A4D8F7323568963DAA9">
<enum>
(4)
</enum>
<header>
Inflation
adjustment of applicable dollar amount
</header>
<text display-inline="yes-display-inline">
In the case of any taxable year beginning
in a calendar year after 2014, the dollar amount in paragraph (3)(A)(i) shall
be increased by an amount equal to—
</text>
<subparagraph id="HA6EE4529B950453B97414F917F7AF291">
<enum>
(A)
</enum>
<text>
such dollar
amount, multiplied by
</text>
</subparagraph>
<subparagraph id="HD41FE14369F04DF9A6EE7D8795A3090C">
<enum>
(B)
</enum>
<text>
the cost-of-living
adjustment determined under section 1(f)(3) for the calendar year in which the
taxable year begins, determined by substituting
<quote>
calendar year
2013
</quote>
for
<quote>
calendar year 1992
</quote>
in subparagraph (B)
thereof.
</text>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
Any
increase determined under the preceding sentence shall be rounded to the
nearest multiple of
$500.
</continuation-text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H9661542CD83B4A8180D272E8E9AEBCB6">
<enum>
(b)
</enum>
<header>
Credit made
refundable; matching contributions
</header>
<paragraph id="H9B41F5476CBA4E548565BA4C2E74CB4B">
<enum>
(1)
</enum>
<header>
Credit made
refundable
</header>
<text display-inline="yes-display-inline">
The Internal
Revenue Code of 1986 is amended by moving section 25B to subpart C of part IV
of subchapter A of chapter 1 of such Code (relating to refundable credits), by
inserting section 25B after section 36B, and by redesignating section 25B as
section 36C.
</text>
</paragraph>
<paragraph commented="no" id="HF70991B2CAC34243B943A8677FC98F66">
<enum>
(2)
</enum>
<header>
Matching
contributions
</header>
<text>
Section 36C of such Code, as redesignated by
paragraph (1), is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H22CFD5E74A994B88887E869ADF662F5D" style="OLC">
<subsection commented="no" id="H63A996C74BC341CBA1DD19EDD16AFF9A">
<enum>
(g)
</enum>
<header>
Matching
contributions
</header>
<paragraph commented="no" id="H6A6B98904AA24F06A31850CD0705B447">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The credit allowed to
an eligible individual under this section for any taxable year shall be twice
the credit which would (but for this subsection) be allowed if—
</text>
<subparagraph commented="no" id="H533511477DDF428898071494DD9721F4">
<enum>
(A)
</enum>
<text>
the individual
consents to the application of paragraph (2), and
</text>
</subparagraph>
<subparagraph commented="no" id="H19192F77B4D94CF8B04D1B278612C42A">
<enum>
(B)
</enum>
<text>
a designation by
such individual is in effect for such year under paragraph (3).
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HF8A66726154D49FB8298A272138509C8">
<enum>
(2)
</enum>
<header>
Credit paid into
designated retirement account
</header>
<text>
Any credit under this section for
any taxable year shall be paid by the Secretary into the designated retirement
account of the individual for such year. The amount payable under the preceding
sentence shall be subject to the reductions under section 6402 in the same
manner as if such amount were an overpayment. The amount so paid shall be
treated as refunded to such individual.
</text>
</paragraph>
<paragraph commented="no" id="H4D2DBD252BF947E4A202488D791A1F52">
<enum>
(3)
</enum>
<header>
Designated
retirement account
</header>
<text>
For purposes of this subsection, the term
<term>
designated retirement account
</term>
means any account or plan—
</text>
<subparagraph commented="no" id="HD0E9B422B46B4F6D907A70C30F79C215">
<enum>
(A)
</enum>
<text>
of a type to which
qualified retirement savings contributions may be made,
</text>
</subparagraph>
<subparagraph commented="no" id="H88CA1A95A9584301BED93C8A6ED37B5A">
<enum>
(B)
</enum>
<text>
which is for such
individual’s benefit, and
</text>
</subparagraph>
<subparagraph commented="no" id="H9483141162F440D0B9C94E4ADC23FC0C">
<enum>
(C)
</enum>
<text>
which is
designated by such individual (in such form and manner as the Secretary may
provide) on the return of tax for the taxable year.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HF8DDA46D780D478AA33AEFC8C1C9731C">
<enum>
(4)
</enum>
<header>
Treatment of
matching contributions
</header>
<text>
In the case of an amount paid under
paragraph (2) into a designated retirement account—
</text>
<subparagraph commented="no" id="H05F14F992232479AB1D616ED32B47C01">
<enum>
(A)
</enum>
<text>
any dollar
limitation otherwise applicable to the amount of contributions or deferrals to
such account shall be increased by the amount so paid,
</text>
</subparagraph>
<subparagraph commented="no" id="HC1A382D1EB3541C984864E37C3A2E0A0">
<enum>
(B)
</enum>
<text>
the individual’s
basis in such account shall not be increased by reason of the amount so paid,
and
</text>
</subparagraph>
<subparagraph commented="no" id="HAF0DB95B2AEE496DA87AD0D0D9B44F96">
<enum>
(C)
</enum>
<text>
such amount shall
be treated as an employer contribution for the plan year in which such amount
is paid for purposes of—
</text>
<clause commented="no" id="H5A12A35624F74CD292586CDA8FA1FC1E">
<enum>
(i)
</enum>
<text>
section 401(k)(3),
and
</text>
</clause>
<clause commented="no" id="HA71442A6870745419C4778356A3663FE">
<enum>
(ii)
</enum>
<text>
section
408(k)(6)(A)(iii).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph commented="no" id="H547571B92E204870A2DCA7BB6C919FD0">
<enum>
(5)
</enum>
<header>
Regulations
</header>
<text display-inline="yes-display-inline">
The Secretary shall prescribe such
regulations or other guidance as may be necessary to address situations under
which the Secretary is not able to make a payment to a designated retirement
account of an individual, including a plan of an employer for which the
individual no longer works and to an account that does not
exist.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph commented="no" id="H25984374830D48AFAFE62666F02AAB31">
<enum>
(3)
</enum>
<header>
Conforming
amendments
</header>
<subparagraph commented="no" id="H42A5378E9FE04228901451FDF8480986">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
Section 6211(b)(4)(A) of such Code is
amended by inserting
<quote>
36C,
</quote>
after
<quote>
36B,
</quote>
.
</text>
</subparagraph>
<subparagraph commented="no" id="HD24B456265A44BC0B8275A40CC5203CF">
<enum>
(B)
</enum>
<text>
The table of
sections for subpart A of part IV of subchapter A of chapter 1 of such Code is
amended by striking the item relating to section 25B.
</text>
</subparagraph>
<subparagraph commented="no" id="H55DBAB3E68ED4CB386A834A1553FD415">
<enum>
(C)
</enum>
<text>
The table of
sections for subpart C of such part is amended by adding at the end the
following new item:
</text>
<quoted-block display-inline="no-display-inline" id="HA459E7DE5850413C9FE56A2E63439384" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 36C. Elective deferrals and IRA
contributions by certain
individuals.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph commented="no" id="HE9BD5AA23D2F445199ADC0FD79C232A6">
<enum>
(D)
</enum>
<text>
Section 1324(b)(2)
of title 31, United States Code, is amended by inserting
<quote>
36C,
</quote>
after
<quote>
36B,
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H79D81D966F4F4F0C968529668D2FE02D">
<enum>
(c)
</enum>
<header>
Maximum
contributions
</header>
<text>
Subsection (a) of section 36C of such Code, as
redesignated by subsection (b), is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HC32D8C0C478544EFA701024E4BEE7A55" style="OLC">
<subsection id="HC37BF3581D214067B32FECAECC5F887A">
<enum>
(a)
</enum>
<header>
Allowance of
credit
</header>
<paragraph id="H0FE0CD14B3AB46CA8BB49145AECCC72E">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In the case of an eligible individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the taxable
year an amount equal to the applicable percentage of so much of the qualified
retirement savings contributions of the eligible individual for the taxable
year as do not exceed the contribution limit.
</text>
</paragraph>
<paragraph id="H4893711DB7BE4449A8A61CBE2814650A">
<enum>
(2)
</enum>
<header>
Contribution
limit
</header>
<text display-inline="yes-display-inline">
For purposes of
paragraph (1)—
</text>
<subparagraph id="H2744AF8986EA46A499CBE6420D02053B">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Except as otherwise provided in this paragraph, the
contribution limit is $500 ($1,500 for taxable years beginning after
2023).
</text>
</subparagraph>
<subparagraph id="H5BE59FE5CCB34FFD85A9886E02E0023E">
<enum>
(B)
</enum>
<header>
Annual increases
to reach $1,500
</header>
<text>
In the case of taxable years beginning in a
calendar year after 2013 and before 2024, the contribution limit shall be the
sum of—
</text>
<clause id="HAE0DFCF1B0E4419FBB6809840FF7D70D">
<enum>
(i)
</enum>
<text>
the contribution
limit for taxable years beginning in the preceding calendar year (as increased
under this subparagraph), and
</text>
</clause>
<clause id="HB11451C154F4425B8216D5E6FB564F1C">
<enum>
(ii)
</enum>
<text>
$100.
</text>
</clause>
</subparagraph>
<subparagraph id="HDA0CA2AF871D4852A1A6F319A62FFD5F">
<enum>
(C)
</enum>
<header>
Inflation
adjustment
</header>
<text display-inline="yes-display-inline">
In the case of any
taxable year beginning in a calendar year after 2023, the $1,500 amount in
subparagraph (A) shall be increased by an amount equal to—
</text>
<clause id="HD892E33DD1C34DFD8544329FD512246B">
<enum>
(i)
</enum>
<text>
such dollar
amount, multiplied by
</text>
</clause>
<clause id="HCA3731B110E24CF08F407D6C5B12C91F">
<enum>
(ii)
</enum>
<text>
the
cost-of-living adjustment determined under section 1(f)(3) for the calendar
year in which the taxable year begins, determined by substituting
<quote>
calendar year 2022
</quote>
for
<quote>
calendar year 1992
</quote>
in
subparagraph (B) thereof.
</text>
</clause>
<continuation-text continuation-text-level="subparagraph">
Any
increase determined under the preceding sentence shall be rounded to the
nearest multiple of
$50.
</continuation-text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H6145C6F587C54FE4BBAD81B6B5493631">
<enum>
(d)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by this section shall apply to taxable
years beginning after December 31, 2013.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 837 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Neal (for himself, Mr. Lewis , Mr. Kind , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to expand the availability of the saver’s credit, to make the credit refundable, and to make Federal matching contributions into the retirement savings of the taxpayer.
1. Short title This Act may be cited as the Savings for American Families’ Future Act of 2013 . 2. Modification of saver’s credit (a) 50 percent credit for all taxpayers: expansion of phaseout ranges Subsection (b) of section 25B of the Internal Revenue Code of 1986 is amended to read as follows: (b) Applicable percentage For purposes of this section— (1) In general Except as provided in paragraph (2), the applicable percentage is 50 percent. (2) Phaseout The percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 50 percentage points as— (A) the excess of— (i) the taxpayer’s adjusted gross income for such taxable year, over (ii) the applicable dollar amount, bears to (B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the nearest whole percentage point. (3) Applicable dollar amount; phaseout range (A) Joint returns Except as provided in subparagraph (B)— (i) the applicable dollar amount is $65,000, and (ii) the phaseout range is $20,000. (B) Other returns In the case of— (i) a head of a household (as defined in section 2(b)), the applicable dollar amount and the phaseout range shall be 3/4 of the amounts applicable under subparagraph (A) (as adjusted under paragraph (4)), and (ii) any taxpayer who is not filing a joint return and who is not a head of a household (as so defined), the applicable dollar amount and the phaseout range shall be ½ of the amounts applicable under subparagraph (A) (as so adjusted). (4) Inflation adjustment of applicable dollar amount In the case of any taxable year beginning in a calendar year after 2014, the dollar amount in paragraph (3)(A)(i) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $500. . (b) Credit made refundable; matching contributions (1) Credit made refundable The Internal Revenue Code of 1986 is amended by moving section 25B to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits), by inserting section 25B after section 36B, and by redesignating section 25B as section 36C. (2) Matching contributions Section 36C of such Code, as redesignated by paragraph (1), is amended by adding at the end the following: (g) Matching contributions (1) In general The credit allowed to an eligible individual under this section for any taxable year shall be twice the credit which would (but for this subsection) be allowed if— (A) the individual consents to the application of paragraph (2), and (B) a designation by such individual is in effect for such year under paragraph (3). (2) Credit paid into designated retirement account Any credit under this section for any taxable year shall be paid by the Secretary into the designated retirement account of the individual for such year. The amount payable under the preceding sentence shall be subject to the reductions under section 6402 in the same manner as if such amount were an overpayment. The amount so paid shall be treated as refunded to such individual. (3) Designated retirement account For purposes of this subsection, the term designated retirement account means any account or plan— (A) of a type to which qualified retirement savings contributions may be made, (B) which is for such individual’s benefit, and (C) which is designated by such individual (in such form and manner as the Secretary may provide) on the return of tax for the taxable year. (4) Treatment of matching contributions In the case of an amount paid under paragraph (2) into a designated retirement account— (A) any dollar limitation otherwise applicable to the amount of contributions or deferrals to such account shall be increased by the amount so paid, (B) the individual’s basis in such account shall not be increased by reason of the amount so paid, and (C) such amount shall be treated as an employer contribution for the plan year in which such amount is paid for purposes of— (i) section 401(k)(3), and (ii) section 408(k)(6)(A)(iii). (5) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary to address situations under which the Secretary is not able to make a payment to a designated retirement account of an individual, including a plan of an employer for which the individual no longer works and to an account that does not exist. . (3) Conforming amendments (A) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B, . (B) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B. (C) The table of sections for subpart C of such part is amended by adding at the end the following new item: Sec. 36C. Elective deferrals and IRA contributions by certain individuals. . (D) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 36C, after 36B, . (c) Maximum contributions Subsection (a) of section 36C of such Code, as redesignated by subsection (b), is amended to read as follows: (a) Allowance of credit (1) In general In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of so much of the qualified retirement savings contributions of the eligible individual for the taxable year as do not exceed the contribution limit. (2) Contribution limit For purposes of paragraph (1)— (A) In general Except as otherwise provided in this paragraph, the contribution limit is $500 ($1,500 for taxable years beginning after 2023). (B) Annual increases to reach $1,500 In the case of taxable years beginning in a calendar year after 2013 and before 2024, the contribution limit shall be the sum of— (i) the contribution limit for taxable years beginning in the preceding calendar year (as increased under this subparagraph), and (ii) $100. (C) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2023, the $1,500 amount in subparagraph (A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2022 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. |
113-hr-838-ih-dtd | 113-hr-838 | 113 | hr | 838 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr838ih.xml | BILLS-113hr838ih.xml | 2023-01-08 17:37:39.872 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H23B0FB4818CF45E5AA03D68543571D25" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 838 IH: Racial Profiling Prevention Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 838
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="N000147">
Ms. Norton
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HPW00">
Committee on Transportation and
Infrastructure
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To provide grants to States in order to prevent racial
profiling.
</official-title>
</form>
<legis-body id="H567CE2BA2E7547859C74553FA7D41B39" style="OLC">
<section id="H025F0995D6194E0D83F021F03ADD49DF" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Racial Profiling Prevention
Act
</short-title>
</quote>
.
</text>
</section>
<section id="HA9D821190F484CE3AD2374891AB08E55" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Grant program to
prohibit racial profiling
</header>
<subsection id="H40CDAD2A4C1B4D78B1AB6D3D40317E16">
<enum>
(a)
</enum>
<header>
Grants
</header>
<text display-inline="yes-display-inline">
Subject to the requirements of this
section, the Secretary shall make grants to a State that—
</text>
<paragraph id="H19511E37FAC14E48BCADD2C46024D254">
<enum>
(1)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H1C57715977CC49A49F1B482A4C509675">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
has enacted and is enforcing a law that
prohibits the use of racial profiling in the enforcement of State laws
regulating the use of Federal-aid highways; and
</text>
</subparagraph>
<subparagraph id="HC493972386B64ACD9F9B12603F276324" indent="up1">
<enum>
(B)
</enum>
<text>
is maintaining and allows public
inspection of statistical information for each motor vehicle stop made by a law
enforcement officer on a Federal-aid highway in the State regarding the race
and ethnicity of the driver and any passengers; or
</text>
</subparagraph>
</paragraph>
<paragraph id="H6569ED8F40CE42A5BC99C0E3E5C89F5A">
<enum>
(2)
</enum>
<text>
provides
assurances satisfactory to the Secretary that the State is undertaking
activities to comply with the requirements of paragraph (1).
</text>
</paragraph>
</subsection>
<subsection id="HD3B2D4719333492AA9FACEAFA35DBC63">
<enum>
(b)
</enum>
<header>
Eligible
activities
</header>
<text display-inline="yes-display-inline">
A grant received
by a State under subsection (a) shall be used by the State—
</text>
<paragraph id="H9A53DF054009496F899231F170D6933F">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in the case of a State eligible under
subsection (a)(1), for costs of—
</text>
<subparagraph id="H9706CAEF121B4F2C8E68F6CB85747378">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
collecting and maintaining of data on
traffic stops;
</text>
</subparagraph>
<subparagraph id="HF32AF7B4594647C7930D66B0A21473C4">
<enum>
(B)
</enum>
<text>
evaluating the
results of the data; and
</text>
</subparagraph>
<subparagraph id="H239C2E34D4A64ACC961A3A3C023AC401">
<enum>
(C)
</enum>
<text>
developing and
implementing programs to reduce the occurrence of racial profiling, including
programs to train law enforcement officers; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HDE09F19F2A1C4490A14CB3EF9ECAAB15">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in the case of a State eligible under
subsection (a)(2), for costs of—
</text>
<subparagraph id="H729CC8E84B67410D9D50EC9C37844EC6">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
activities to comply with the requirements
of subsection (a)(1); and
</text>
</subparagraph>
<subparagraph id="HE1295297AB1642B1AA1BFE5DED485E8D">
<enum>
(B)
</enum>
<text>
any eligible
activity under paragraph (1).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HF4EFDB01EF06494DB46A613D014B8C30">
<enum>
(c)
</enum>
<header>
Racial
profiling
</header>
<paragraph id="H155F0EBAFBD1467B8D57E88115FADF54">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
To meet the
requirement of subsection (a)(1), a State law shall prohibit, in the
enforcement of State laws regulating the use of Federal-aid highways, a State
or local law enforcement officer from using the race or ethnicity of the driver
or passengers to any degree in making routine or spontaneous law enforcement
decisions, such as ordinary traffic stops on Federal-aid highways.
</text>
</paragraph>
<paragraph id="H35855F7165E8412A898DC076B7095C45">
<enum>
(2)
</enum>
<header>
Limitation
</header>
<text display-inline="yes-display-inline">
Nothing in this subsection shall alter the
manner in which a State or local law enforcement officer considers race or
ethnicity whenever there is trustworthy information, relevant to the locality
or time frame, that links persons of a particular race or ethnicity to an
identified criminal incident, scheme, or organization.
</text>
</paragraph>
</subsection>
<subsection id="HC177E6150EAD4E5F905D7EC5072D9127">
<enum>
(d)
</enum>
<header>
Limitations
</header>
<paragraph id="HC41870FA802E4730ADA962C7F2022938">
<enum>
(1)
</enum>
<header>
Maximum amount
of grants
</header>
<text display-inline="yes-display-inline">
The total amount of
grants made to a State under this section in a fiscal year may not exceed 5
percent of the amount made available to carry out this section in the fiscal
year.
</text>
</paragraph>
<paragraph id="H820E8BAFF7CC4A76B9428A5934901BAA">
<enum>
(2)
</enum>
<header>
Eligibility
</header>
<text display-inline="yes-display-inline">
A State may not receive a grant under
subsection (a)(2) in more than 2 fiscal years.
</text>
</paragraph>
</subsection>
<subsection id="H4E92D6BBCA6B461A96C95A3CF4A8D470">
<enum>
(e)
</enum>
<header>
Authorization of
appropriations
</header>
<paragraph id="H7DAD30627FB1456194D7596D5FE7B745">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
There is authorized
to be appropriated from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $7,500,000 for each of fiscal years 2013
through 2017.
</text>
</paragraph>
<paragraph id="H44D2F7CBE64943A5B522984422780137">
<enum>
(2)
</enum>
<header>
Contract
authority
</header>
<text display-inline="yes-display-inline">
Funds authorized by
this subsection shall be available for obligation in the same manner as if the
funds were apportioned under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/23/1">
chapter 1
</external-xref>
of title 23, United States Code, except
the Federal share of the cost of activities carried out using such funds shall
be 80 percent, and such funds shall remain available until expended and shall
not be transferable.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 838 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To provide grants to States in order to prevent racial profiling.
1. Short title This Act may be cited as the Racial Profiling Prevention Act . 2. Grant program to prohibit racial profiling (a) Grants Subject to the requirements of this section, the Secretary shall make grants to a State that— (1) (A) has enacted and is enforcing a law that prohibits the use of racial profiling in the enforcement of State laws regulating the use of Federal-aid highways; and (B) is maintaining and allows public inspection of statistical information for each motor vehicle stop made by a law enforcement officer on a Federal-aid highway in the State regarding the race and ethnicity of the driver and any passengers; or (2) provides assurances satisfactory to the Secretary that the State is undertaking activities to comply with the requirements of paragraph (1). (b) Eligible activities A grant received by a State under subsection (a) shall be used by the State— (1) in the case of a State eligible under subsection (a)(1), for costs of— (A) collecting and maintaining of data on traffic stops; (B) evaluating the results of the data; and (C) developing and implementing programs to reduce the occurrence of racial profiling, including programs to train law enforcement officers; and (2) in the case of a State eligible under subsection (a)(2), for costs of— (A) activities to comply with the requirements of subsection (a)(1); and (B) any eligible activity under paragraph (1). (c) Racial profiling (1) In general To meet the requirement of subsection (a)(1), a State law shall prohibit, in the enforcement of State laws regulating the use of Federal-aid highways, a State or local law enforcement officer from using the race or ethnicity of the driver or passengers to any degree in making routine or spontaneous law enforcement decisions, such as ordinary traffic stops on Federal-aid highways. (2) Limitation Nothing in this subsection shall alter the manner in which a State or local law enforcement officer considers race or ethnicity whenever there is trustworthy information, relevant to the locality or time frame, that links persons of a particular race or ethnicity to an identified criminal incident, scheme, or organization. (d) Limitations (1) Maximum amount of grants The total amount of grants made to a State under this section in a fiscal year may not exceed 5 percent of the amount made available to carry out this section in the fiscal year. (2) Eligibility A State may not receive a grant under subsection (a)(2) in more than 2 fiscal years. (e) Authorization of appropriations (1) In general There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $7,500,000 for each of fiscal years 2013 through 2017. (2) Contract authority Funds authorized by this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except the Federal share of the cost of activities carried out using such funds shall be 80 percent, and such funds shall remain available until expended and shall not be transferable. |
113-hr-839-ih-dtd | 113-hr-839 | 113 | hr | 839 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr839ih.xml | BILLS-113hr839ih.xml | 2023-01-08 17:37:39.771 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H148D6CC4EC9D4BE1960166893C4FA822" key="H" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 839 IH: Prompt Notification of Short Sales Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date/>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 839
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date>
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="R000583">
Mr. Rooney
</sponsor>
(for himself and
<cosponsor name-id="A000210">
Mr. Andrews
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name committee-id="HBA00">
Committee on Financial Services
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To require the lender or servicer of a home mortgage, upon a request by the homeowner for a short sale, to make a prompt decision whether to allow the sale.
</official-title>
</form>
<legis-body id="H65983BA9152A4075968987E3548B2411" style="OLC">
<section id="H7D4EEA6109804D03B3B1AF503326967A" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Prompt Notification of Short Sales Act
</short-title>
</quote>
.
</text>
</section>
<section id="H24F9B568CFA84C3E9FE3088072A8FA6F">
<enum>
2.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
For purposes of this Act, the following definitions shall apply:
</text>
<subsection id="HB2E1FC7BAB6F4E608766E1322E12B4DB">
<enum>
(a)
</enum>
<header>
Residential mortgage loan
</header>
<text display-inline="yes-display-inline">
The term
<term>
residential mortgage loan
</term>
means any consumer credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real property that includes a dwelling, other than a consumer credit transaction under an open end credit plan or an extension of credit relating to a plan described in
<external-xref legal-doc="usc" parsable-cite="usc/11/101">
section 101(53D)
</external-xref>
of title 11, United States Code.
</text>
</subsection>
<subsection id="H39777C7FE1DB4ECA8DD2F4153A6B68A3">
<enum>
(b)
</enum>
<header>
Securitization vehicle
</header>
<text>
The term
<term>
securitization vehicle
</term>
means a trust, special purpose entity, or other legal structure that is used to facilitate the issuing of securities, participation certificates, or similar instruments backed by or referring to a pool of assets that includes residential mortgage loans (or instruments that are related to residential mortgage loans, such as credit-linked notes).
</text>
</subsection>
<subsection id="H1D4AA9D5C97345C79FFDEA2280ED6B56">
<enum>
(c)
</enum>
<header>
Servicer
</header>
<text>
The term
<term>
servicer
</term>
has the same meaning as in section 129A of the Truth in Lending Act (
<external-xref legal-doc="usc" parsable-cite="usc/15/1639a">
15 U.S.C. 1639a
</external-xref>
), except that such term includes a person who makes or holds a residential mortgage loan (including a pool of residential mortgage loans), if such person also services the loan.
</text>
</subsection>
<subsection id="HA0FA0745C64E4B07B3099F7911E0EA53">
<enum>
(d)
</enum>
<header>
Short sale
</header>
<text display-inline="yes-display-inline">
The term
<term>
short sale
</term>
means the sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures a residential mortgage loan that—
</text>
<paragraph id="H6BA812E261B543DDB27C000DD68E26EC">
<enum>
(1)
</enum>
<text>
will result in proceeds in an amount that is less than the remaining amount due under the mortgage loan; and
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H86E041E9D3AA46DBB41175A88507840D">
<enum>
(2)
</enum>
<text>
requires authorization by the securitization vehicle or other investment vehicle or holder of the mortgage loan, or the servicer acting on behalf of such a vehicle or holder.
</text>
</paragraph>
</subsection>
</section>
<section id="H86EC15F6E42C46F095C6B6DB82B31E76">
<enum>
3.
</enum>
<header>
Prompt notifications and decision regarding short sale
</header>
<subsection id="HF54950C53C584674BC50FDB11A6629D6">
<enum>
(a)
</enum>
<header>
Requirement for prompt notifications, decisions
</header>
<paragraph id="H85B51F725035411CA3D946730C3BD8DE">
<enum>
(1)
</enum>
<header>
Notifications
</header>
<subparagraph id="HAC9CEDB40F6E44E19FF51B98E5394A7E">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Each servicer shall provide in writing to a mortgagor of a residential mortgage loan—
</text>
<clause id="H706E2F9B049C4772B5B16737BD82BD9F">
<enum>
(i)
</enum>
<text>
an acknowledgment of receipt of a written request of the mortgagor, not later than 3 days after the date of such receipt;
</text>
</clause>
<clause id="HC1E818346C4345248BE2087737C09FF5">
<enum>
(ii)
</enum>
<text>
a notice of any missing or incomplete information required with respect to such request, not later than 5 days after the date of such receipt; and
</text>
</clause>
<clause id="H61BFAAAED0144948BAD3874843AAE952">
<enum>
(iii)
</enum>
<text>
a definitive response to such request approving or denying such request, not later than 30 days after the date of such receipt.
</text>
</clause>
</subparagraph>
<subparagraph id="H17D08B9570A7477DA07FF8304A379E80">
<enum>
(B)
</enum>
<header>
Exceptional circumstances
</header>
<text>
In any case in which a servicer is unable to provide a decision with respect to a written request of a mortgagor of a residential mortgage loan during the 30-day period required by subparagraph (A), such period may be extended to not later than 60 days after the date of receipt of a completed application, except that the servicer shall, verbally or in writing—
</text>
<clause id="HA4AD3DC956614D6CB31E19EE4698C92D">
<enum>
(i)
</enum>
<text>
notify the mortgagor during the initial 30-day period that the application is still under review; and
</text>
</clause>
<clause id="H549A6877B009496A9DCA53BC47D18E19">
<enum>
(ii)
</enum>
<text>
each week thereafter provide to the mortgagor a status update indicating the reasons why a decision is pending beyond the required 30-day period.
</text>
</clause>
</subparagraph>
<subparagraph id="HF5E92BA3D471491187E44FCA51C13BDF">
<enum>
(C)
</enum>
<header>
Applicability
</header>
<text>
Subparagraph (A) shall apply, except as provided in subsection (b), and notwithstanding any other provision of law or of any contract, including a contract between a servicer of a residential mortgage loan and a securitization vehicle or other investment vehicle.
</text>
</subparagraph>
<subparagraph id="HC2A3DF80ACB340E4A785B657FA2774F4">
<enum>
(D)
</enum>
<header>
Content
</header>
<text display-inline="yes-display-inline">
A written response by a servicer under subparagraph (A) shall specify a decision on whether such request has been denied, approved, or that such request has been approved subject to specified changes.
</text>
</subparagraph>
</paragraph>
<paragraph id="H5FA7388BA9B44C9E98B91FA4CF2E47A1">
<enum>
(2)
</enum>
<header>
Mortgagor submission
</header>
<text display-inline="yes-display-inline">
Paragraph (1) shall apply in any case in which the mortgagor under a residential mortgage loan submits to the servicer thereof—
</text>
<subparagraph id="H71696C07877E45A9853D1C41293E6DB5">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
a written offer for a short sale of the dwelling or residential real property that is subject to the mortgage, deed of trust, or other security interest that secures the mortgage loan; and
</text>
</subparagraph>
<subparagraph id="HD5100DEB0353452283FA81E450DF478C">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
all information required by the servicer in connection with such a request (including a copy of an executed contract between the owner of the dwelling or property and the prospective buyer that is subject to approval by the servicer).
</text>
</subparagraph>
</paragraph>
<paragraph id="H4265EE00C8A24752B2E3B28DB5B8E75A">
<enum>
(3)
</enum>
<header>
Civil actions authorized
</header>
<text display-inline="yes-display-inline">
An aggrieved individual may bring an action in a court of competent jurisdiction, asserting a violation of this Act. Aggrieved individuals may be awarded all appropriate relief, including equitable relief, and a monetary award of $1,000 per violation, plus reasonable attorneys’ fees, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures.
</text>
</paragraph>
</subsection>
<subsection id="H889904297ED14420971C045F38125BF2">
<enum>
(b)
</enum>
<header>
Inapplicability to certain existing mortgages
</header>
<text>
Subsection (a) shall not apply with respect to any residential mortgage with respect to which the mortgagor and the mortgagee or servicer have entered into a written agreement before the date of enactment of this Act explicitly providing a procedure or terms for approval of a short sale.
</text>
</subsection>
<subsection display-inline="no-display-inline" id="H7FD84E871FAB4E54B558F183FB2FB3DF">
<enum>
(c)
</enum>
<header>
Treatment of other time limits
</header>
<text display-inline="yes-display-inline">
This section may not be construed to preempt, annul, or otherwise affect any other provision of law or of any contract or program that provides a shorter period than is provided under subsection (a) for a decision by the servicer of a residential mortgage loan regarding a short sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures the mortgage loan.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 839 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Rooney (for himself and Mr. Andrews ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the lender or servicer of a home mortgage, upon a request by the homeowner for a short sale, to make a prompt decision whether to allow the sale.
1. Short title This Act may be cited as the Prompt Notification of Short Sales Act . 2. Definitions For purposes of this Act, the following definitions shall apply: (a) Residential mortgage loan The term residential mortgage loan means any consumer credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real property that includes a dwelling, other than a consumer credit transaction under an open end credit plan or an extension of credit relating to a plan described in section 101(53D) of title 11, United States Code. (b) Securitization vehicle The term securitization vehicle means a trust, special purpose entity, or other legal structure that is used to facilitate the issuing of securities, participation certificates, or similar instruments backed by or referring to a pool of assets that includes residential mortgage loans (or instruments that are related to residential mortgage loans, such as credit-linked notes). (c) Servicer The term servicer has the same meaning as in section 129A of the Truth in Lending Act ( 15 U.S.C. 1639a ), except that such term includes a person who makes or holds a residential mortgage loan (including a pool of residential mortgage loans), if such person also services the loan. (d) Short sale The term short sale means the sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures a residential mortgage loan that— (1) will result in proceeds in an amount that is less than the remaining amount due under the mortgage loan; and (2) requires authorization by the securitization vehicle or other investment vehicle or holder of the mortgage loan, or the servicer acting on behalf of such a vehicle or holder. 3. Prompt notifications and decision regarding short sale (a) Requirement for prompt notifications, decisions (1) Notifications (A) In general Each servicer shall provide in writing to a mortgagor of a residential mortgage loan— (i) an acknowledgment of receipt of a written request of the mortgagor, not later than 3 days after the date of such receipt; (ii) a notice of any missing or incomplete information required with respect to such request, not later than 5 days after the date of such receipt; and (iii) a definitive response to such request approving or denying such request, not later than 30 days after the date of such receipt. (B) Exceptional circumstances In any case in which a servicer is unable to provide a decision with respect to a written request of a mortgagor of a residential mortgage loan during the 30-day period required by subparagraph (A), such period may be extended to not later than 60 days after the date of receipt of a completed application, except that the servicer shall, verbally or in writing— (i) notify the mortgagor during the initial 30-day period that the application is still under review; and (ii) each week thereafter provide to the mortgagor a status update indicating the reasons why a decision is pending beyond the required 30-day period. (C) Applicability Subparagraph (A) shall apply, except as provided in subsection (b), and notwithstanding any other provision of law or of any contract, including a contract between a servicer of a residential mortgage loan and a securitization vehicle or other investment vehicle. (D) Content A written response by a servicer under subparagraph (A) shall specify a decision on whether such request has been denied, approved, or that such request has been approved subject to specified changes. (2) Mortgagor submission Paragraph (1) shall apply in any case in which the mortgagor under a residential mortgage loan submits to the servicer thereof— (A) a written offer for a short sale of the dwelling or residential real property that is subject to the mortgage, deed of trust, or other security interest that secures the mortgage loan; and (B) all information required by the servicer in connection with such a request (including a copy of an executed contract between the owner of the dwelling or property and the prospective buyer that is subject to approval by the servicer). (3) Civil actions authorized An aggrieved individual may bring an action in a court of competent jurisdiction, asserting a violation of this Act. Aggrieved individuals may be awarded all appropriate relief, including equitable relief, and a monetary award of $1,000 per violation, plus reasonable attorneys’ fees, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures. (b) Inapplicability to certain existing mortgages Subsection (a) shall not apply with respect to any residential mortgage with respect to which the mortgagor and the mortgagee or servicer have entered into a written agreement before the date of enactment of this Act explicitly providing a procedure or terms for approval of a short sale. (c) Treatment of other time limits This section may not be construed to preempt, annul, or otherwise affect any other provision of law or of any contract or program that provides a shorter period than is provided under subsection (a) for a decision by the servicer of a residential mortgage loan regarding a short sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures the mortgage loan. |
113-hr-840-ih-dtd | 113-hr-840 | 113 | hr | 840 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr840ih.xml | BILLS-113hr840ih.xml | 2023-01-08 17:37:39.521 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H2AD91D6E9C554BE98D57F2FD5093676B" public-private="public">
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<dc:title>
113 HR 840 IH: To improve services for victims of sexual assault and domestic violence.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
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text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<distribution-code display="yes">
I
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<congress>
113th CONGRESS
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<session>
1st Session
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<legis-num>
H. R. 840
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="S001177">
Mr. Sablan
</sponsor>
(for
himself,
<cosponsor name-id="C000380">
Mrs. Christensen
</cosponsor>
,
<cosponsor name-id="B001245">
Ms. Bordallo
</cosponsor>
, and
<cosponsor name-id="M001160">
Ms. Moore
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HJU00">
Committee
on the Judiciary
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To improve services for victims of sexual assault and
domestic violence.
</official-title>
</form>
<legis-body id="H55054989AEF54742884FFD76C459D9FA" style="OLC">
<section id="H52966D34CA6747E8B6E2A001425AE4EA" section-type="section-one">
<enum>
1.
</enum>
<header>
Sexual Assault Services
grants
</header>
<subsection id="HBD657D2CE49E4F0EBD1C554749034043">
<enum>
(a)
</enum>
<header>
Amendment
</header>
<text display-inline="yes-display-inline">
Paragraph (4) of section 14601(b) of the
Violence Against Women Act of 1994 (
<external-xref legal-doc="usc" parsable-cite="usc/42/14043g">
42 U.S.C. 14043g(b)
</external-xref>
) is amended—
</text>
<paragraph id="H20AC85C807214059BEEBEB5687A8CC6D">
<enum>
(1)
</enum>
<text>
in the first
sentence, by striking
<quote>
, except that the United States Virgin Islands,
American Samoa, Guam, the District of Columbia, Puerto Rico, and the
Commonwealth of the Northern Mariana Islands shall each be allocated 0.125
percent of the total appropriations
</quote>
; and
</text>
</paragraph>
<paragraph id="H64133A4BB1C240329AB4864DBF556BDB">
<enum>
(2)
</enum>
<text>
by striking the
third sentence.
</text>
</paragraph>
</subsection>
<subsection id="HE9AAE773B5C14C6FBAC75AD7459D1742">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<text display-inline="yes-display-inline">
The amendments made by
<internal-xref idref="HBD657D2CE49E4F0EBD1C554749034043" legis-path="1.(a)">
subsection (a)
</internal-xref>
shall apply with respect to
grants under section 14601 of the Violence Against Women Act of 1994 (42 U.S.C.
14043g) for fiscal year 2013 and succeeding fiscal years.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 840 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Sablan (for himself, Mrs. Christensen , Ms. Bordallo , and Ms. Moore ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To improve services for victims of sexual assault and domestic violence.
1. Sexual Assault Services grants (a) Amendment Paragraph (4) of section 14601(b) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043g(b) ) is amended— (1) in the first sentence, by striking , except that the United States Virgin Islands, American Samoa, Guam, the District of Columbia, Puerto Rico, and the Commonwealth of the Northern Mariana Islands shall each be allocated 0.125 percent of the total appropriations ; and (2) by striking the third sentence. (b) Effective date The amendments made by subsection (a) shall apply with respect to grants under section 14601 of the Violence Against Women Act of 1994 (42 U.S.C. 14043g) for fiscal year 2013 and succeeding fiscal years. |
113-hr-841-eh-dtd | 113-hr-841 | 113 | hr | 841 | eh | bills | data/govinfo/BILLS/113/2/hr/BILLS-113hr841eh.xml | BILLS-113hr841eh.xml | 2023-01-07 05:49:02.387 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Engrossed-in-House" bill-type="olc" dms-id="H29748EE8AF124EBF926BACCF03BBC5BE" public-private="public" stage-count="1">
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<dc:title>
113 HR 841 EH: To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.
</dc:title>
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U.S. House of Representatives
</dc:publisher>
<dc:date/>
<dc:format>
text/xml
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EN
</dc:language>
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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I
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113th CONGRESS
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2d Session
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<legis-num>
H. R. 841
</legis-num>
<current-chamber display="no">
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.
</official-title>
</form>
<legis-body id="HCF3A4EAB9DE14345813025504F555969" style="OLC">
<section id="HD58149229FA14AFBAE8426A86140449D" section-type="section-one">
<enum>
1.
</enum>
<header>
Establishment of reservation
</header>
<text display-inline="no-display-inline">
Section 1 of the Act entitled
<quote>
An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes,
</quote>
approved September 9, 1988 (
<external-xref legal-doc="public-law" parsable-cite="pl/100/425">
Public Law 100–425
</external-xref>
; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended—
</text>
<paragraph id="HEFD18D8B53834E3EBE7B004C685F35E4">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="H418E19E74753404095729FD084E297E6">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Subject to valid
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4AA2CFDE14FD4D2AA15401E2E11C2EF7" style="OLC">
<paragraph id="HBEB4206856C944EB995DA5F995B2AC33">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Subject to valid
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H2F6FCB2F06D244649D39B51997C09590">
<enum>
(B)
</enum>
<text>
by adding after paragraph (1) (as designated by subparagraph (A)) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4622960F93D946CDB168A72FA2296590" style="OLC">
<paragraph id="HF83D8B6FB57C44418A072A2EF61B3A7A">
<enum>
(2)
</enum>
<header>
Additional trust acquisitions
</header>
<subparagraph id="H65D70957A4CC4926A737420CEFE922FD">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe.
</text>
</subparagraph>
<subparagraph id="H6CE13B4DF3F64B52835F5E217786F639">
<enum>
(B)
</enum>
<header>
Treatment of trust land
</header>
<clause id="HCCCC263700C340A8AE668A40FF73D9F8">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition.
</text>
</clause>
<clause id="HC28CF09E950D48D7BE3BDD990D03ABD6">
<enum>
(ii)
</enum>
<text>
Any real property taken into trust under this paragraph shall not be eligible, or used, for any Class II or Class III gaming activity carried out pursuant to the Indian Gaming Regulatory Act (
<external-xref legal-doc="usc" parsable-cite="usc/25/2701">
25 U.S.C. 2701 et seq.
</external-xref>
), except for real property within 2 miles of the gaming facility in existence on the date of enactment of this Act that is located on State Highway 18 in the Grand Ronde community of Oregon.
</text>
</clause>
</subparagraph>
<subparagraph id="H2EC1FA3F560A426AA3725CB1FA4FC7CE">
<enum>
(C)
</enum>
<header>
Reservation
</header>
<text>
All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HB7197D539E84440F9C97852462BA7BD8">
<enum>
(2)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="HE925E71C4BE745DB96485875E549A14E">
<enum>
(A)
</enum>
<text>
in the matter preceding the table, by striking
<quote>
in subsection (a) are approximately 10,311.60
</quote>
and inserting
<quote>
in subsection (a)(1) are approximately 11,349.92
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H8C591AE770F84D6B8B63A179838909B4">
<enum>
(B)
</enum>
<text>
in the table—
</text>
<clause id="H6EBA063FD39E43B6B25D2E80AB6D8BF1">
<enum>
(i)
</enum>
<text>
by striking the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA55F0ADCA4CA4348909AA8E7397B0802" style="OLC">
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.17" table-template-name="5-column duty modifcation" table-type="">
<tgroup block-style="1" cols="5" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="7.7.9">
<colspec align="center" coldef="txt-no-ldr" colname="column1" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column2" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column3" colwidth="26pts" min-data-value="10"/>
<colspec coldef="txt-no-ldr" colname="column4" colwidth="180pts" min-data-value="70"/>
<colspec coldef="fig" colname="column5" colwidth="47pts" min-data-value="12"/>
<tbody>
<row>
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6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
8
</entry>
<entry colname="column4" leader-modify="clr-ldr">
Tax lot 800
</entry>
<entry colname="column5" leader-modify="clr-ldr">
5.55
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HE480D7DF1F19449BA1A1265F898DBB2C">
<enum/>
<text>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7F9BB44BC73F4FFD8C439EF2E0FA191B" style="OLC">
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.17" table-template-name="5-column duty modifcation" table-type="">
<tgroup block-style="1" cols="5" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="7.7.9">
<colspec align="center" coldef="txt-no-ldr" colname="column1" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column2" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column3" colwidth="26pts" min-data-value="10"/>
<colspec coldef="txt-no-ldr" colname="column4" colwidth="180pts" min-data-value="70"/>
<colspec coldef="fig" colname="column5" colwidth="47pts" min-data-value="12"/>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
7, 8, 17, 18
</entry>
<entry colname="column4" leader-modify="clr-ldr">
Former tax lot 800, located within the SE
<fraction>
¼
</fraction>
SE
<fraction>
¼
</fraction>
of Section 7; SW
<fraction>
¼
</fraction>
SW ¼ of Section 8; NW
<fraction>
¼
</fraction>
NW ¼ of Section 17; and NE ¼ NE ¼ of Section 18
</entry>
<entry colname="column5" leader-modify="clr-ldr">
5.55
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H6CEF8F04E6FE474D93741F9037167245">
<enum>
(ii)
</enum>
<text>
in the acres column of the last item added by section 2(a)(1) of
<external-xref legal-doc="public-law" parsable-cite="pl/103/445">
Public Law 103–445
</external-xref>
(108 Stat. 4566), by striking
<quote>
240
</quote>
and inserting
<quote>
241.06
</quote>
; and
</text>
</clause>
<clause id="H1425EA76D58E4BE28044605E2AF52990">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
by striking all text after
</text>
<quoted-block display-inline="no-display-inline" id="HE0BC8F50C1BF4787989DF783E859069B" style="OLC">
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.17" table-template-name="5-column duty modifcation" table-type="">
<tgroup block-style="1" cols="5" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="7.7.9">
<colspec align="center" coldef="txt-no-ldr" colname="column1" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column2" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column3" colwidth="26pts" min-data-value="10"/>
<colspec coldef="txt-no-ldr" colname="column4" colwidth="180pts" min-data-value="70"/>
<colspec coldef="fig" colname="column5" colwidth="47pts" min-data-value="12"/>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
18
</entry>
<entry colname="column4" leader-modify="clr-ldr">
E ½ NE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
43.42
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H17706892A48E478DB8BCD4EDA722BCD8">
<enum/>
<text>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HCC046E3E64154ABDAD811FD57FE4A8EB" style="OLC">
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.17" table-template-name="5-column duty modifcation" table-type="">
<tgroup block-style="1" cols="5" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="7.7.18">
<colspec align="center" coldef="txt-no-ldr" colname="column1" colwidth="24pts" min-data-value="10"/>
<colspec align="center" coldef="fig" colname="column2" colwidth="39pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column3" colwidth="24pts" min-data-value="10"/>
<colspec coldef="txt" colname="column4" colwidth="294pts" min-data-value="70"/>
<colspec coldef="fig" colname="column5" colwidth="97pts" min-data-value="12"/>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
W ½ SE ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
20.6
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
N ½ SW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
19.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ NE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
9.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
10.46
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ SW ¼, NW ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
12.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
6
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
37.39
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
5
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
24.87
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
5, 8
</entry>
<entry colname="column4" leader-modify="clr-ldr" rowsep="0">
SW ¼ SE ¼ of Section 5; and NE ¼ NE ¼, NW ¼ NE ¼, NE ¼ NW ¼ of Section 8
</entry>
<entry colname="column5" leader-modify="clr-ldr">
109.9
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
31.32
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
8.89
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ NE ¼, NW ¼ NE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
78.4
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
8, 17
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ SW ¼ of Section 8; and NE ¼ NW ¼, NW ¼ NW ¼ of Section 17
</entry>
<entry colname="column5" leader-modify="clr-ldr">
14.33
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
17
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
6.68
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ NE¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
8.19
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
2.0
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
5.05
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼, SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
54.64
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
17, 18
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼, NW ¼ of Section 17; and SE ¼, NE ¼ of Section 18
</entry>
<entry colname="column5" leader-modify="clr-ldr">
136.83
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
20.08
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
5
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ SE ¼, SE ¼ SE ¼, E ½ SE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
97.38
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
4
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
31
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
159.60
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
17
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
3.14
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
1.10
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
8
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
0.92
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
1.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
7
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ NW ¼ of Section 7; and
</entry>
<entry colname="column5" leader-modify="clr-ldr"/>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
S ½ NE ¼, E ½ NE ¼ NE ¼ of Section 12
</entry>
<entry colname="column5" leader-modify="clr-ldr">
86.48
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
1.56
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
6
</entry>
<entry colname="column4" leader-modify="clr-ldr">
W ½ SW ¼ SW ¼ of Section 6; and
</entry>
<entry colname="column5" leader-modify="clr-ldr"/>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
E ½ SE ¼ SE ¼ of Section 1
</entry>
<entry colname="column5" leader-modify="clr-ldr">
35.82
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
5
</entry>
<entry colname="column4" leader-modify="clr-ldr">
E ½ NW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
19.88
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ NE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
0.29
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
2.5
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
8
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
7.16
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
5.5
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
1.34
</entry>
</row>
<row>
<entry colname="column1" leader-modify="clr-ldr" rowsep="1" stub-definition="txt-clr"/>
<entry colname="column2" leader-modify="clr-ldr" rowsep="1"/>
<entry colname="column3" leader-modify="clr-ldr" rowsep="1"/>
<entry colname="column4" leader-modify="clr-ldr" rowsep="1">
Total
</entry>
<entry colname="column5" leader-modify="clr-ldr" rowsep="1">
11,349.92
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
</section>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20140113">
Passed the House of Representatives January 13, 2014.
</attestation-date>
<attestor display="no">
Karen L. Haas,
</attestor>
<role>
Clerk.
</role>
</attestation-group>
</attestation>
<endorsement display="yes"/>
</bill>
| I 113th CONGRESS 2d Session H. R. 841 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.
1. Establishment of reservation Section 1 of the Act entitled An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes, approved September 9, 1988 ( Public Law 100–425 ; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended— (1) in subsection (a)— (A) by striking Subject to valid and inserting the following: (1) In general Subject to valid ; and (B) by adding after paragraph (1) (as designated by subparagraph (A)) the following: (2) Additional trust acquisitions (A) In general The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. (B) Treatment of trust land (i) All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition. (ii) Any real property taken into trust under this paragraph shall not be eligible, or used, for any Class II or Class III gaming activity carried out pursuant to the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ), except for real property within 2 miles of the gaming facility in existence on the date of enactment of this Act that is located on State Highway 18 in the Grand Ronde community of Oregon. (C) Reservation All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe. ; and (2) in subsection (c)— (A) in the matter preceding the table, by striking in subsection (a) are approximately 10,311.60 and inserting in subsection (a)(1) are approximately 11,349.92 ; and (B) in the table— (i) by striking the following: 6 7 8 Tax lot 800 5.55 ; and inserting the following: 6 7 7, 8, 17, 18 Former tax lot 800, located within the SE ¼ SE ¼ of Section 7; SW ¼ SW ¼ of Section 8; NW ¼ NW ¼ of Section 17; and NE ¼ NE ¼ of Section 18 5.55 ; (ii) in the acres column of the last item added by section 2(a)(1) of Public Law 103–445 (108 Stat. 4566), by striking 240 and inserting 241.06 ; and (iii) by striking all text after 6 7 18 E ½ NE ¼ 43.42 ; and inserting the following: 6 8 1 W ½ SE ¼ SE ¼ 20.6 6 8 1 N ½ SW ¼ SE ¼ 19.99 6 8 1 SE ¼ NE ¼ 9.99 6 8 1 NE ¼ SW ¼ 10.46 6 8 1 NE ¼ SW ¼, NW ¼ SW ¼ 12.99 6 7 6 SW ¼ NW ¼ 37.39 6 7 5 SE ¼ SW ¼ 24.87 6 7 5, 8 SW ¼ SE ¼ of Section 5; and NE ¼ NE ¼, NW ¼ NE ¼, NE ¼ NW ¼ of Section 8 109.9 6 8 1 NW ¼ SE ¼ 31.32 6 8 1 NE ¼ SW ¼ 8.89 6 8 1 SW ¼ NE ¼, NW ¼ NE ¼ 78.4 6 7 8, 17 SW ¼ SW ¼ of Section 8; and NE ¼ NW ¼, NW ¼ NW ¼ of Section 17 14.33 6 7 17 NW¼ NW ¼ 6.68 6 8 12 SW ¼ NE¼ 8.19 6 8 1 SE ¼ SW ¼ 2.0 6 8 1 SW ¼ SW ¼ 5.05 6 8 12 SE ¼, SW ¼ 54.64 6 7 17, 18 SW ¼, NW ¼ of Section 17; and SE ¼, NE ¼ of Section 18 136.83 6 8 1 SW ¼ SE ¼ 20.08 6 7 5 NE ¼ SE ¼, SE ¼ SE ¼, E ½ SE ¼ SW ¼ 97.38 4 7 31 SE ¼ 159.60 6 7 17 NW ¼ NW ¼ 3.14 6 8 12 NW ¼ SE ¼ 1.10 6 7 8 SW ¼ SW ¼ 0.92 6 8 12 NE ¼ NW ¼ 1.99 6 7 7 NW ¼ NW ¼ of Section 7; and 6 8 12 S ½ NE ¼, E ½ NE ¼ NE ¼ of Section 12 86.48 6 8 12 NE ¼ NW ¼ 1.56 6 7 6 W ½ SW ¼ SW ¼ of Section 6; and 6 8 1 E ½ SE ¼ SE ¼ of Section 1 35.82 6 7 5 E ½ NW ¼ SE ¼ 19.88 6 8 12 NW ¼ NE ¼ 0.29 6 8 1 SE ¼ SW ¼ 2.5 6 7 8 NE ¼ NW ¼ 7.16 6 8 1 SE ¼ SW ¼ 5.5 6 8 1 SE ¼ NW ¼ 1.34 Total 11,349.92 .
Passed the House of Representatives January 13, 2014. Karen L. Haas, Clerk. |
113-hr-841-ih-dtd | 113-hr-841 | 113 | hr | 841 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr841ih.xml | BILLS-113hr841ih.xml | 2023-01-08 17:37:39.664 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H29748EE8AF124EBF926BACCF03BBC5BE" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 841 IH: To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 841
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="S001180">
Mr. Schrader
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HII00">
Committee on Natural
Resources
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Grand Ronde Reservation Act to make
technical corrections, and for other purposes.
</official-title>
</form>
<legis-body id="HCF3A4EAB9DE14345813025504F555969" style="OLC">
<section id="H2789D830E7594AA0BF7DEE60D5A9C198" section-type="section-one">
<enum>
1.
</enum>
<header>
Establishment of
reservation
</header>
<text display-inline="no-display-inline">
Section 1 of the
Act entitled
<quote>
An Act to establish a reservation for the Confederated
Tribes of the Grand Ronde Community of Oregon, and for other purposes,
</quote>
approved September 9, 1988 (
<external-xref legal-doc="public-law" parsable-cite="pl/100/425">
Public Law 100–425
</external-xref>
; 102 Stat. 1594; 102 Stat. 2939;
104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896),
is amended—
</text>
<paragraph id="H642B3EA12C534149AC5696FD243D7E58">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="HCF775BF073F64BA9BA0940C7DF844538">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Subject to valid
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE4182D53D2D24E098F7649ED2BD7EE30" style="OLC">
<paragraph id="H3A2C365268514867932E697583F971B4">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Subject to valid
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HDDAFAAFAA50C4D9BB8A7FEB3A2A3FED7">
<enum>
(B)
</enum>
<text>
by adding after
paragraph (1) (as designated by subparagraph (A)) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5D8B89A69CA74FF3B3CA56197345EE95" style="OLC">
<paragraph id="H813843995DA54F848E6E987A61D7466A">
<enum>
(2)
</enum>
<header>
Additional trust
acquisitions
</header>
<subparagraph id="HF7EE04867AA849CBA27A5ADCBE888C15">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The Secretary may accept title to any additional number
of acres of real property located within the boundaries of the original 1857
reservation of the Confederated Tribes of the Grand Ronde Community of Oregon
established by Executive Order dated June 30, 1857, comprised of land within
the political boundaries of Polk and Yamhill Counties, Oregon, if that real
property is conveyed or otherwise transferred to the United States by or on
behalf of the Tribe.
</text>
</subparagraph>
<subparagraph id="H4901B9C9A51742CE85FDD8184A2845B3">
<enum>
(B)
</enum>
<header>
Treatment of
trust land
</header>
<text>
All applications to take land into trust within the
boundaries of the original 1857 reservation shall be treated by the Secretary
as an on-reservation trust acquisition.
</text>
</subparagraph>
<subparagraph id="H24EC0B5F498942579CFDA8D5759CEC0A">
<enum>
(C)
</enum>
<header>
Reservation
</header>
<text>
All
real property taken into trust within those boundaries at any time after
September 9, 1988, shall be part of the reservation of the
Tribe.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HE4F23412C673422DB517685057ECE061">
<enum>
(2)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H60E034967E334C44B7BF0EFD8038A375">
<enum>
(A)
</enum>
<text>
in the matter
preceding the table, by striking
<quote>
in subsection (a) are approximately
10,311.60
</quote>
and inserting
<quote>
in subsection (a)(1) are approximately
11,274.19
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H5CB022384F8C40239B973AF430A55044">
<enum>
(B)
</enum>
<text>
in the
table—
</text>
<clause id="H70BFDBD30BD544F69B654AFAB16F901A">
<enum>
(i)
</enum>
<text>
by
striking the following:
</text>
<quoted-block display-inline="no-display-inline" id="H06F21D30A6D7449AA1CF285347EE5F66" style="OLC">
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.17" table-template-name="5-column duty modifcation" table-type="">
<tgroup block-style="1" cols="5" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="7.7.9">
<colspec align="center" coldef="txt-no-ldr" colname="column1" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column2" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column3" colwidth="26pts" min-data-value="10"/>
<colspec coldef="txt-no-ldr" colname="column4" colwidth="180pts" min-data-value="70"/>
<colspec coldef="fig" colname="column5" colwidth="47pts" min-data-value="12"/>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
8
</entry>
<entry colname="column4" leader-modify="clr-ldr">
Tax lot 800
</entry>
<entry colname="column5" leader-modify="clr-ldr">
5.55
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HC27EFE1B2FA84A05B7E2B1025C1A76CA">
<enum/>
<text>
and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H4DC71BDFDF5D49A88A1FBAD25BB5D0C2" style="OLC">
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.17" table-template-name="5-column duty modifcation" table-type="">
<tgroup block-style="1" cols="5" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="7.7.9">
<colspec align="center" coldef="txt-no-ldr" colname="column1" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column2" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column3" colwidth="26pts" min-data-value="10"/>
<colspec coldef="txt-no-ldr" colname="column4" colwidth="180pts" min-data-value="70"/>
<colspec coldef="fig" colname="column5" colwidth="47pts" min-data-value="12"/>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
7, 8, 17, 18
</entry>
<entry colname="column4" leader-modify="clr-ldr">
Former tax lot 800, located within the SE
<fraction>
¼
</fraction>
SE
<fraction>
¼
</fraction>
of Section 7; SW
<fraction>
¼
</fraction>
SW ¼ of Section 8; NW
<fraction>
¼
</fraction>
NW ¼ of
Section 17; and NE ¼ NE ¼ of Section 18
</entry>
<entry colname="column5" leader-modify="clr-ldr">
5.55
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H4EA5C150D2634C278C5F925D536D0F5B">
<enum>
(ii)
</enum>
<text>
in
the acres column of the last item added by section 2(a)(1) of Public Law
103–445 (108 Stat. 4566), by striking
<quote>
240
</quote>
and inserting
<quote>
241.06
</quote>
; and
</text>
</clause>
<clause id="H05DB7FC99473446DAB6D88A5C6511893">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
by striking all text after
</text>
<quoted-block display-inline="no-display-inline" id="H5CD32904C5754EF5ACE1F7036BBDC011" style="OLC">
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.17" table-template-name="5-column duty modifcation" table-type="">
<tgroup block-style="1" cols="5" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="7.7.9">
<colspec align="center" coldef="txt-no-ldr" colname="column1" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column2" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column3" colwidth="26pts" min-data-value="10"/>
<colspec coldef="txt-no-ldr" colname="column4" colwidth="180pts" min-data-value="70"/>
<colspec coldef="fig" colname="column5" colwidth="47pts" min-data-value="12"/>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
18
</entry>
<entry colname="column4" leader-modify="clr-ldr">
E ½ NE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
43.42
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H4BE8455158EE4144BB4C9137F33785DE">
<enum/>
<text>
and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H96B55C4E19894D68945B27E439430796" style="OLC">
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.17" table-template-name="5-column duty modifcation" table-type="">
<tgroup block-style="1" cols="5" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="7.7.18">
<colspec align="center" coldef="txt-no-ldr" colname="column1" colwidth="24pts" min-data-value="10"/>
<colspec align="center" coldef="fig" colname="column2" colwidth="39pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column3" colwidth="24pts" min-data-value="10"/>
<colspec coldef="txt" colname="column4" colwidth="294pts" min-data-value="70"/>
<colspec coldef="fig" colname="column5" colwidth="97pts" min-data-value="12"/>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
W ½ SE ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
20.6
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
N ½ SW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
19.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ NE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
9.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
10.46
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ SW ¼, NW ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
12.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
6
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
37.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
5
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
24.87
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
5, 8
</entry>
<entry colname="column4" leader-modify="clr-ldr" rowsep="0">
SW ¼ SE ¼ of Section 5; and NE ¼ NE ¼, NW ¼
NE ¼, NE ¼ NW ¼ of Section 8
</entry>
<entry colname="column5" leader-modify="clr-ldr">
109.9
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
31.32
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
8.89
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ NE ¼, NW ¼ NE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
78.4
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
8, 17
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ SW ¼ of Section 8; and NE ¼ NW ¼, NW ¼ NW ¼ of
Section 17
</entry>
<entry colname="column5" leader-modify="clr-ldr">
14.33
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
17
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
6.68
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ NE¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
8.19
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
2.0
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
5.05
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼, SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
50.8
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
17, 18
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼, NW ¼ of Section 17; and SE ¼, NE ¼ of Section
18
</entry>
<entry colname="column5" leader-modify="clr-ldr">
136.83
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
20.08
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
5
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ SE ¼, SE ¼ SE ¼, E ½ SE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
97.38
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
4
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
31
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
159.60
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
17
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
3.14
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
1.10
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
8
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
0.92
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
1.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
7
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ NW ¼ of Section 7; and
</entry>
<entry colname="column5" leader-modify="clr-ldr"/>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
S ½ NE ¼, E ½ NE ¼ NE ¼ of Section 12
</entry>
<entry colname="column5" leader-modify="clr-ldr">
86.48
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
1.56
</entry>
</row>
<row>
<entry colname="column1" leader-modify="clr-ldr" rowsep="1" stub-definition="txt-clr"/>
<entry colname="column2" leader-modify="clr-ldr" rowsep="1"/>
<entry colname="column3" leader-modify="clr-ldr" rowsep="1"/>
<entry colname="column4" leader-modify="clr-ldr" rowsep="1">
Total
</entry>
<entry colname="column5" leader-modify="clr-ldr" rowsep="1">
11,274.19
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 841 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Schrader introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.
1. Establishment of reservation Section 1 of the Act entitled An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes, approved September 9, 1988 ( Public Law 100–425 ; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended— (1) in subsection (a)— (A) by striking Subject to valid and inserting the following: (1) In general Subject to valid ; and (B) by adding after paragraph (1) (as designated by subparagraph (A)) the following: (2) Additional trust acquisitions (A) In general The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. (B) Treatment of trust land All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition. (C) Reservation All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe. ; and (2) in subsection (c)— (A) in the matter preceding the table, by striking in subsection (a) are approximately 10,311.60 and inserting in subsection (a)(1) are approximately 11,274.19 ; and (B) in the table— (i) by striking the following: 6 7 8 Tax lot 800 5.55 ; and inserting the following: 6 7 7, 8, 17, 18 Former tax lot 800, located within the SE ¼ SE ¼ of Section 7; SW ¼ SW ¼ of Section 8; NW ¼ NW ¼ of Section 17; and NE ¼ NE ¼ of Section 18 5.55 ; (ii) in the acres column of the last item added by section 2(a)(1) of Public Law 103–445 (108 Stat. 4566), by striking 240 and inserting 241.06 ; and (iii) by striking all text after 6 7 18 E ½ NE ¼ 43.42 ; and inserting the following: 6 8 1 W ½ SE ¼ SE ¼ 20.6 6 8 1 N ½ SW ¼ SE ¼ 19.99 6 8 1 SE ¼ NE ¼ 9.99 6 8 1 NE ¼ SW ¼ 10.46 6 8 1 NE ¼ SW ¼, NW ¼ SW ¼ 12.99 6 7 6 SW ¼ NW ¼ 37.99 6 7 5 SE ¼ SW ¼ 24.87 6 7 5, 8 SW ¼ SE ¼ of Section 5; and NE ¼ NE ¼, NW ¼ NE ¼, NE ¼ NW ¼ of Section 8 109.9 6 8 1 NW ¼ SE ¼ 31.32 6 8 1 NE ¼ SW ¼ 8.89 6 8 1 SW ¼ NE ¼, NW ¼ NE ¼ 78.4 6 7 8, 17 SW ¼ SW ¼ of Section 8; and NE ¼ NW ¼, NW ¼ NW ¼ of Section 17 14.33 6 7 17 NW¼ NW ¼ 6.68 6 8 12 SW ¼ NE¼ 8.19 6 8 1 SE ¼ SW ¼ 2.0 6 8 1 SW ¼ SW ¼ 5.05 6 8 12 SE ¼, SW ¼ 50.8 6 7 17, 18 SW ¼, NW ¼ of Section 17; and SE ¼, NE ¼ of Section 18 136.83 6 8 1 SW ¼ SE ¼ 20.08 6 7 5 NE ¼ SE ¼, SE ¼ SE ¼, E ½ SE ¼ SW ¼ 97.38 4 7 31 SE ¼ 159.60 6 7 17 NW ¼ NW ¼ 3.14 6 8 12 NW ¼ SE ¼ 1.10 6 7 8 SW ¼ SW ¼ 0.92 6 8 12 NE ¼ NW ¼ 1.99 6 7 7 NW ¼ NW ¼ of Section 7; and 6 8 12 S ½ NE ¼, E ½ NE ¼ NE ¼ of Section 12 86.48 6 8 12 NE ¼ NW ¼ 1.56 Total 11,274.19 . |
113-hr-841-rfs-dtd | 113-hr-841 | 113 | hr | 841 | rfs | bills | data/govinfo/BILLS/113/2/hr/BILLS-113hr841rfs.xml | BILLS-113hr841rfs.xml | 2023-01-07 05:49:02.265 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Referred-in-Senate" bill-type="olc" dms-id="H29748EE8AF124EBF926BACCF03BBC5BE" public-private="public" stage-count="1">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
103 HR 841 : To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2014-01-14
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
IIB
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
2d Session
</session>
<legis-num>
H. R. 841
</legis-num>
<current-chamber display="yes">
IN THE SENATE OF THE UNITED STATES
</current-chamber>
<action>
<action-date date="20140114">
January 14, 2014
</action-date>
<action-desc>
Received; read twice and referred to the
<committee-name committee-id="SLIA00">
Committee on Indian Affairs
</committee-name>
</action-desc>
</action>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.
</official-title>
</form>
<legis-body id="HCF3A4EAB9DE14345813025504F555969" style="OLC">
<section id="HD58149229FA14AFBAE8426A86140449D" section-type="section-one">
<enum>
1.
</enum>
<header>
Establishment of reservation
</header>
<text display-inline="no-display-inline">
Section 1 of the Act entitled
<quote>
An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes,
</quote>
approved September 9, 1988 (
<external-xref legal-doc="public-law" parsable-cite="pl/100/425">
Public Law 100–425
</external-xref>
; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended—
</text>
<paragraph id="HEFD18D8B53834E3EBE7B004C685F35E4">
<enum>
(1)
</enum>
<text>
in subsection (a)—
</text>
<subparagraph id="H418E19E74753404095729FD084E297E6">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Subject to valid
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4AA2CFDE14FD4D2AA15401E2E11C2EF7" style="OLC">
<paragraph id="HBEB4206856C944EB995DA5F995B2AC33">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Subject to valid
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H2F6FCB2F06D244649D39B51997C09590">
<enum>
(B)
</enum>
<text>
by adding after paragraph (1) (as designated by subparagraph (A)) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4622960F93D946CDB168A72FA2296590" style="OLC">
<paragraph id="HF83D8B6FB57C44418A072A2EF61B3A7A">
<enum>
(2)
</enum>
<header>
Additional trust acquisitions
</header>
<subparagraph id="H65D70957A4CC4926A737420CEFE922FD">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe.
</text>
</subparagraph>
<subparagraph id="H6CE13B4DF3F64B52835F5E217786F639">
<enum>
(B)
</enum>
<header>
Treatment of trust land
</header>
<clause id="HCCCC263700C340A8AE668A40FF73D9F8">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition.
</text>
</clause>
<clause id="HC28CF09E950D48D7BE3BDD990D03ABD6">
<enum>
(ii)
</enum>
<text>
Any real property taken into trust under this paragraph shall not be eligible, or used, for any Class II or Class III gaming activity carried out pursuant to the Indian Gaming Regulatory Act (
<external-xref legal-doc="usc" parsable-cite="usc/25/2701">
25 U.S.C. 2701 et seq.
</external-xref>
), except for real property within 2 miles of the gaming facility in existence on the date of enactment of this Act that is located on State Highway 18 in the Grand Ronde community of Oregon.
</text>
</clause>
</subparagraph>
<subparagraph id="H2EC1FA3F560A426AA3725CB1FA4FC7CE">
<enum>
(C)
</enum>
<header>
Reservation
</header>
<text>
All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HB7197D539E84440F9C97852462BA7BD8">
<enum>
(2)
</enum>
<text>
in subsection (c)—
</text>
<subparagraph id="HE925E71C4BE745DB96485875E549A14E">
<enum>
(A)
</enum>
<text>
in the matter preceding the table, by striking
<quote>
in subsection (a) are approximately 10,311.60
</quote>
and inserting
<quote>
in subsection (a)(1) are approximately 11,349.92
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H8C591AE770F84D6B8B63A179838909B4">
<enum>
(B)
</enum>
<text>
in the table—
</text>
<clause id="H6EBA063FD39E43B6B25D2E80AB6D8BF1">
<enum>
(i)
</enum>
<text>
by striking the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA55F0ADCA4CA4348909AA8E7397B0802" style="OLC">
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.17" table-template-name="5-column duty modifcation" table-type="">
<tgroup block-style="1" cols="5" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="7.7.9">
<colspec align="center" coldef="txt-no-ldr" colname="column1" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column2" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column3" colwidth="26pts" min-data-value="10"/>
<colspec coldef="txt-no-ldr" colname="column4" colwidth="180pts" min-data-value="70"/>
<colspec coldef="fig" colname="column5" colwidth="47pts" min-data-value="12"/>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
8
</entry>
<entry colname="column4" leader-modify="clr-ldr">
Tax lot 800
</entry>
<entry colname="column5" leader-modify="clr-ldr">
5.55
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HE480D7DF1F19449BA1A1265F898DBB2C">
<enum/>
<text>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7F9BB44BC73F4FFD8C439EF2E0FA191B" style="OLC">
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.17" table-template-name="5-column duty modifcation" table-type="">
<tgroup block-style="1" cols="5" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="7.7.9">
<colspec align="center" coldef="txt-no-ldr" colname="column1" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column2" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column3" colwidth="26pts" min-data-value="10"/>
<colspec coldef="txt-no-ldr" colname="column4" colwidth="180pts" min-data-value="70"/>
<colspec coldef="fig" colname="column5" colwidth="47pts" min-data-value="12"/>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
7, 8, 17, 18
</entry>
<entry colname="column4" leader-modify="clr-ldr">
Former tax lot 800, located within the SE
<fraction>
¼
</fraction>
SE
<fraction>
¼
</fraction>
of Section 7; SW
<fraction>
¼
</fraction>
SW ¼ of Section 8; NW
<fraction>
¼
</fraction>
NW ¼ of Section 17; and NE ¼ NE ¼ of Section 18
</entry>
<entry colname="column5" leader-modify="clr-ldr">
5.55
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H6CEF8F04E6FE474D93741F9037167245">
<enum>
(ii)
</enum>
<text>
in the acres column of the last item added by section 2(a)(1) of
<external-xref legal-doc="public-law" parsable-cite="pl/103/445">
Public Law 103–445
</external-xref>
(108 Stat. 4566), by striking
<quote>
240
</quote>
and inserting
<quote>
241.06
</quote>
; and
</text>
</clause>
<clause id="H1425EA76D58E4BE28044605E2AF52990">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
by striking all text after
</text>
<quoted-block display-inline="no-display-inline" id="HE0BC8F50C1BF4787989DF783E859069B" style="OLC">
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.17" table-template-name="5-column duty modifcation" table-type="">
<tgroup block-style="1" cols="5" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="7.7.9">
<colspec align="center" coldef="txt-no-ldr" colname="column1" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column2" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column3" colwidth="26pts" min-data-value="10"/>
<colspec coldef="txt-no-ldr" colname="column4" colwidth="180pts" min-data-value="70"/>
<colspec coldef="fig" colname="column5" colwidth="47pts" min-data-value="12"/>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
18
</entry>
<entry colname="column4" leader-modify="clr-ldr">
E ½ NE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
43.42
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H17706892A48E478DB8BCD4EDA722BCD8">
<enum/>
<text>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HCC046E3E64154ABDAD811FD57FE4A8EB" style="OLC">
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.17" table-template-name="5-column duty modifcation" table-type="">
<tgroup block-style="1" cols="5" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="7.7.18">
<colspec align="center" coldef="txt-no-ldr" colname="column1" colwidth="24pts" min-data-value="10"/>
<colspec align="center" coldef="fig" colname="column2" colwidth="39pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column3" colwidth="24pts" min-data-value="10"/>
<colspec coldef="txt" colname="column4" colwidth="294pts" min-data-value="70"/>
<colspec coldef="fig" colname="column5" colwidth="97pts" min-data-value="12"/>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
W ½ SE ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
20.6
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
N ½ SW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
19.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ NE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
9.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
10.46
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ SW ¼, NW ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
12.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
6
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
37.39
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
5
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
24.87
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
5, 8
</entry>
<entry colname="column4" leader-modify="clr-ldr" rowsep="0">
SW ¼ SE ¼ of Section 5; and NE ¼ NE ¼, NW ¼ NE ¼, NE ¼ NW ¼ of Section 8
</entry>
<entry colname="column5" leader-modify="clr-ldr">
109.9
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
31.32
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
8.89
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ NE ¼, NW ¼ NE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
78.4
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
8, 17
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ SW ¼ of Section 8; and NE ¼ NW ¼, NW ¼ NW ¼ of Section 17
</entry>
<entry colname="column5" leader-modify="clr-ldr">
14.33
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
17
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
6.68
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ NE¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
8.19
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
2.0
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
5.05
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼, SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
54.64
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
17, 18
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼, NW ¼ of Section 17; and SE ¼, NE ¼ of Section 18
</entry>
<entry colname="column5" leader-modify="clr-ldr">
136.83
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
20.08
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
5
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ SE ¼, SE ¼ SE ¼, E ½ SE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
97.38
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
4
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
31
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
159.60
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
17
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
3.14
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
1.10
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
8
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
0.92
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
1.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
7
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ NW ¼ of Section 7; and
</entry>
<entry colname="column5" leader-modify="clr-ldr"/>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
S ½ NE ¼, E ½ NE ¼ NE ¼ of Section 12
</entry>
<entry colname="column5" leader-modify="clr-ldr">
86.48
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
1.56
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
6
</entry>
<entry colname="column4" leader-modify="clr-ldr">
W ½ SW ¼ SW ¼ of Section 6; and
</entry>
<entry colname="column5" leader-modify="clr-ldr"/>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
E ½ SE ¼ SE ¼ of Section 1
</entry>
<entry colname="column5" leader-modify="clr-ldr">
35.82
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
5
</entry>
<entry colname="column4" leader-modify="clr-ldr">
E ½ NW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
19.88
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ NE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
0.29
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
2.5
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
8
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
7.16
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
5.5
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
1.34
</entry>
</row>
<row>
<entry colname="column1" leader-modify="clr-ldr" rowsep="1" stub-definition="txt-clr"/>
<entry colname="column2" leader-modify="clr-ldr" rowsep="1"/>
<entry colname="column3" leader-modify="clr-ldr" rowsep="1"/>
<entry colname="column4" leader-modify="clr-ldr" rowsep="1">
Total
</entry>
<entry colname="column5" leader-modify="clr-ldr" rowsep="1">
11,349.92
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
</section>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20140113">
Passed the House of Representatives January 13, 2014.
</attestation-date>
<attestor display="yes">
Karen L. Haas,
</attestor>
<role>
Clerk.
</role>
</attestation-group>
</attestation>
</bill>
| IIB 113th CONGRESS 2d Session H. R. 841 IN THE SENATE OF THE UNITED STATES January 14, 2014 Received; read twice and referred to the Committee on Indian Affairs AN ACT To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.
1. Establishment of reservation Section 1 of the Act entitled An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes, approved September 9, 1988 ( Public Law 100–425 ; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended— (1) in subsection (a)— (A) by striking Subject to valid and inserting the following: (1) In general Subject to valid ; and (B) by adding after paragraph (1) (as designated by subparagraph (A)) the following: (2) Additional trust acquisitions (A) In general The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. (B) Treatment of trust land (i) All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition. (ii) Any real property taken into trust under this paragraph shall not be eligible, or used, for any Class II or Class III gaming activity carried out pursuant to the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ), except for real property within 2 miles of the gaming facility in existence on the date of enactment of this Act that is located on State Highway 18 in the Grand Ronde community of Oregon. (C) Reservation All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe. ; and (2) in subsection (c)— (A) in the matter preceding the table, by striking in subsection (a) are approximately 10,311.60 and inserting in subsection (a)(1) are approximately 11,349.92 ; and (B) in the table— (i) by striking the following: 6 7 8 Tax lot 800 5.55 ; and inserting the following: 6 7 7, 8, 17, 18 Former tax lot 800, located within the SE ¼ SE ¼ of Section 7; SW ¼ SW ¼ of Section 8; NW ¼ NW ¼ of Section 17; and NE ¼ NE ¼ of Section 18 5.55 ; (ii) in the acres column of the last item added by section 2(a)(1) of Public Law 103–445 (108 Stat. 4566), by striking 240 and inserting 241.06 ; and (iii) by striking all text after 6 7 18 E ½ NE ¼ 43.42 ; and inserting the following: 6 8 1 W ½ SE ¼ SE ¼ 20.6 6 8 1 N ½ SW ¼ SE ¼ 19.99 6 8 1 SE ¼ NE ¼ 9.99 6 8 1 NE ¼ SW ¼ 10.46 6 8 1 NE ¼ SW ¼, NW ¼ SW ¼ 12.99 6 7 6 SW ¼ NW ¼ 37.39 6 7 5 SE ¼ SW ¼ 24.87 6 7 5, 8 SW ¼ SE ¼ of Section 5; and NE ¼ NE ¼, NW ¼ NE ¼, NE ¼ NW ¼ of Section 8 109.9 6 8 1 NW ¼ SE ¼ 31.32 6 8 1 NE ¼ SW ¼ 8.89 6 8 1 SW ¼ NE ¼, NW ¼ NE ¼ 78.4 6 7 8, 17 SW ¼ SW ¼ of Section 8; and NE ¼ NW ¼, NW ¼ NW ¼ of Section 17 14.33 6 7 17 NW¼ NW ¼ 6.68 6 8 12 SW ¼ NE¼ 8.19 6 8 1 SE ¼ SW ¼ 2.0 6 8 1 SW ¼ SW ¼ 5.05 6 8 12 SE ¼, SW ¼ 54.64 6 7 17, 18 SW ¼, NW ¼ of Section 17; and SE ¼, NE ¼ of Section 18 136.83 6 8 1 SW ¼ SE ¼ 20.08 6 7 5 NE ¼ SE ¼, SE ¼ SE ¼, E ½ SE ¼ SW ¼ 97.38 4 7 31 SE ¼ 159.60 6 7 17 NW ¼ NW ¼ 3.14 6 8 12 NW ¼ SE ¼ 1.10 6 7 8 SW ¼ SW ¼ 0.92 6 8 12 NE ¼ NW ¼ 1.99 6 7 7 NW ¼ NW ¼ of Section 7; and 6 8 12 S ½ NE ¼, E ½ NE ¼ NE ¼ of Section 12 86.48 6 8 12 NE ¼ NW ¼ 1.56 6 7 6 W ½ SW ¼ SW ¼ of Section 6; and 6 8 1 E ½ SE ¼ SE ¼ of Section 1 35.82 6 7 5 E ½ NW ¼ SE ¼ 19.88 6 8 12 NW ¼ NE ¼ 0.29 6 8 1 SE ¼ SW ¼ 2.5 6 7 8 NE ¼ NW ¼ 7.16 6 8 1 SE ¼ SW ¼ 5.5 6 8 1 SE ¼ NW ¼ 1.34 Total 11,349.92 .
Passed the House of Representatives January 13, 2014. Karen L. Haas, Clerk. |
113-hr-841-rh-dtd | 113-hr-841 | 113 | hr | 841 | rh | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr841rh.xml | BILLS-113hr841rh.xml | 2023-01-07 09:23:02.114 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Reported-in-House" bill-type="olc" dms-id="H29748EE8AF124EBF926BACCF03BBC5BE" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 841 RH: To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-07-22
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
IB
</distribution-code>
<calendar display="yes">
Union Calendar No. 122
</calendar>
<congress display="yes">
113th CONGRESS
</congress>
<session display="yes">
1st Session
</session>
<legis-num>
H. R. 841
</legis-num>
<associated-doc display="yes" role="report">
[Report No.
113–168]
</associated-doc>
<current-chamber display="yes">
IN THE HOUSE OF
REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="S001180">
Mr. Schrader
</sponsor>
introduced the following bill; which was referred to the
<committee-name committee-id="HII00">
Committee on Natural
Resources
</committee-name>
</action-desc>
</action>
<action>
<action-date date="20130722">
July 22, 2013
</action-date>
<action-desc>
Additional sponsors:
<cosponsor name-id="D000191">
Mr.
DeFazio
</cosponsor>
,
<cosponsor name-id="B000574">
Mr. Blumenauer
</cosponsor>
,
<cosponsor name-id="B001278">
Ms. Bonamici
</cosponsor>
, and
<cosponsor name-id="W000791">
Mr. Walden
</cosponsor>
</action-desc>
</action>
<action>
<action-date date="20130722">
July 22, 2013
</action-date>
<action-desc>
Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
</action-desc>
</action>
<action>
<action-desc>
<pagebreak/>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title display="yes">
To amend the Grand Ronde Reservation Act to
make technical corrections, and for other
purposes.
<pagebreak/>
</official-title>
</form>
<legis-body id="HCF3A4EAB9DE14345813025504F555969" style="OLC">
<section id="H2789D830E7594AA0BF7DEE60D5A9C198" section-type="section-one">
<enum>
1.
</enum>
<header>
Establishment of
reservation
</header>
<text display-inline="no-display-inline">
Section 1 of the
Act entitled
<quote>
An Act to establish a reservation for the Confederated
Tribes of the Grand Ronde Community of Oregon, and for other purposes,
</quote>
approved September 9, 1988 (
<external-xref legal-doc="public-law" parsable-cite="pl/100/425">
Public Law 100–425
</external-xref>
; 102 Stat. 1594; 102 Stat. 2939;
104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896),
is amended—
</text>
<paragraph id="H642B3EA12C534149AC5696FD243D7E58">
<enum>
(1)
</enum>
<text>
in subsection
(a)—
</text>
<subparagraph id="HCF775BF073F64BA9BA0940C7DF844538">
<enum>
(A)
</enum>
<text>
by striking
<quote>
Subject to valid
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE4182D53D2D24E098F7649ED2BD7EE30" style="OLC">
<paragraph id="H3A2C365268514867932E697583F971B4">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Subject to valid
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="HDDAFAAFAA50C4D9BB8A7FEB3A2A3FED7">
<enum>
(B)
</enum>
<text>
by adding after
paragraph (1) (as designated by subparagraph (A)) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H5D8B89A69CA74FF3B3CA56197345EE95" style="OLC">
<paragraph id="H813843995DA54F848E6E987A61D7466A">
<enum>
(2)
</enum>
<header>
Additional trust
acquisitions
</header>
<subparagraph id="HF7EE04867AA849CBA27A5ADCBE888C15">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The Secretary may accept title to any additional number
of acres of real property located within the boundaries of the original 1857
reservation of the Confederated Tribes of the Grand Ronde Community of Oregon
established by Executive Order dated June 30, 1857, comprised of land within
the political boundaries of Polk and Yamhill Counties, Oregon, if that real
property is conveyed or otherwise transferred to the United States by or on
behalf of the Tribe.
</text>
</subparagraph>
<subparagraph id="H4901B9C9A51742CE85FDD8184A2845B3">
<enum>
(B)
</enum>
<header>
Treatment of
trust land
</header>
<text>
All applications to take land into trust within the
boundaries of the original 1857 reservation shall be treated by the Secretary
as an on-reservation trust acquisition.
</text>
</subparagraph>
<subparagraph id="H24EC0B5F498942579CFDA8D5759CEC0A">
<enum>
(C)
</enum>
<header>
Reservation
</header>
<text>
All
real property taken into trust within those boundaries at any time after
September 9, 1988, shall be part of the reservation of the
Tribe.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HE4F23412C673422DB517685057ECE061">
<enum>
(2)
</enum>
<text>
in subsection
(c)—
</text>
<subparagraph id="H60E034967E334C44B7BF0EFD8038A375">
<enum>
(A)
</enum>
<text>
in the matter
preceding the table, by striking
<quote>
in subsection (a) are approximately
10,311.60
</quote>
and inserting
<quote>
in subsection (a)(1) are approximately
11,274.19
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H5CB022384F8C40239B973AF430A55044">
<enum>
(B)
</enum>
<text>
in the
table—
</text>
<clause id="H70BFDBD30BD544F69B654AFAB16F901A">
<enum>
(i)
</enum>
<text>
by
striking the following:
</text>
<quoted-block display-inline="no-display-inline" id="H06F21D30A6D7449AA1CF285347EE5F66" style="OLC">
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.17" table-template-name="5-column duty modifcation" table-type="">
<tgroup block-style="1" cols="5" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="7.7.9">
<colspec align="center" coldef="txt-no-ldr" colname="column1" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column2" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column3" colwidth="26pts" min-data-value="10"/>
<colspec coldef="txt-no-ldr" colname="column4" colwidth="180pts" min-data-value="70"/>
<colspec coldef="fig" colname="column5" colwidth="47pts" min-data-value="12"/>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
8
</entry>
<entry colname="column4" leader-modify="clr-ldr">
Tax lot 800
</entry>
<entry colname="column5" leader-modify="clr-ldr">
5.55
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="HC27EFE1B2FA84A05B7E2B1025C1A76CA">
<enum/>
<text>
and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H4DC71BDFDF5D49A88A1FBAD25BB5D0C2" style="OLC">
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.17" table-template-name="5-column duty modifcation" table-type="">
<tgroup block-style="1" cols="5" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="7.7.9">
<colspec align="center" coldef="txt-no-ldr" colname="column1" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column2" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column3" colwidth="26pts" min-data-value="10"/>
<colspec coldef="txt-no-ldr" colname="column4" colwidth="180pts" min-data-value="70"/>
<colspec coldef="fig" colname="column5" colwidth="47pts" min-data-value="12"/>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
7, 8, 17, 18
</entry>
<entry colname="column4" leader-modify="clr-ldr">
Former tax lot 800, located within the SE
<fraction>
¼
</fraction>
SE
<fraction>
¼
</fraction>
of Section 7; SW
<fraction>
¼
</fraction>
SW ¼ of Section 8; NW
<fraction>
¼
</fraction>
NW ¼ of
Section 17; and NE ¼ NE ¼ of Section 18
</entry>
<entry colname="column5" leader-modify="clr-ldr">
5.55
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H4EA5C150D2634C278C5F925D536D0F5B">
<enum>
(ii)
</enum>
<text>
in
the acres column of the last item added by section 2(a)(1) of Public Law
103–445 (108 Stat. 4566), by striking
<quote>
240
</quote>
and inserting
<quote>
241.06
</quote>
; and
</text>
</clause>
<clause id="H05DB7FC99473446DAB6D88A5C6511893">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
by striking all text after
</text>
<quoted-block display-inline="no-display-inline" id="H5CD32904C5754EF5ACE1F7036BBDC011" style="OLC">
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.17" table-template-name="5-column duty modifcation" table-type="">
<tgroup block-style="1" cols="5" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="7.7.9">
<colspec align="center" coldef="txt-no-ldr" colname="column1" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column2" colwidth="26pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column3" colwidth="26pts" min-data-value="10"/>
<colspec coldef="txt-no-ldr" colname="column4" colwidth="180pts" min-data-value="70"/>
<colspec coldef="fig" colname="column5" colwidth="47pts" min-data-value="12"/>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
18
</entry>
<entry colname="column4" leader-modify="clr-ldr">
E ½ NE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
43.42
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</clause>
<clause id="H4BE8455158EE4144BB4C9137F33785DE">
<enum/>
<text>
and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H96B55C4E19894D68945B27E439430796" style="OLC">
<table align-to-level="section" blank-lines-before="1" colsep="0" frame="none" line-rules="no-gen" rowsep="0" rule-weights="0.0.0.0.0.17" table-template-name="5-column duty modifcation" table-type="">
<tgroup block-style="1" cols="5" grid-typeface="1.1" rowsep="0" thead-tbody-ldg-size="7.7.18">
<colspec align="center" coldef="txt-no-ldr" colname="column1" colwidth="24pts" min-data-value="10"/>
<colspec align="center" coldef="fig" colname="column2" colwidth="39pts" min-data-value="10"/>
<colspec align="center" coldef="txt-no-ldr" colname="column3" colwidth="24pts" min-data-value="10"/>
<colspec coldef="txt" colname="column4" colwidth="294pts" min-data-value="70"/>
<colspec coldef="fig" colname="column5" colwidth="97pts" min-data-value="12"/>
<tbody>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
W ½ SE ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
20.6
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
N ½ SW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
19.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ NE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
9.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
10.46
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ SW ¼, NW ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
12.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
6
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
37.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
5
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
24.87
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
5, 8
</entry>
<entry colname="column4" leader-modify="clr-ldr" rowsep="0">
SW ¼ SE ¼ of Section 5; and NE ¼ NE ¼, NW ¼
NE ¼, NE ¼ NW ¼ of Section 8
</entry>
<entry colname="column5" leader-modify="clr-ldr">
109.9
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
31.32
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
8.89
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ NE ¼, NW ¼ NE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
78.4
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
8, 17
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ SW ¼ of Section 8; and NE ¼ NW ¼, NW ¼ NW ¼ of
Section 17
</entry>
<entry colname="column5" leader-modify="clr-ldr">
14.33
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
17
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
6.68
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ NE¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
8.19
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
2.0
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
5.05
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼, SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
50.8
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
17, 18
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼, NW ¼ of Section 17; and SE ¼, NE ¼ of Section
18
</entry>
<entry colname="column5" leader-modify="clr-ldr">
136.83
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
1
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
20.08
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
5
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ SE ¼, SE ¼ SE ¼, E ½ SE ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
97.38
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
4
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
31
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
159.60
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
17
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
3.14
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ SE ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
1.10
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
8
</entry>
<entry colname="column4" leader-modify="clr-ldr">
SW ¼ SW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
0.92
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
1.99
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
7
</entry>
<entry colname="column3" leader-modify="clr-ldr">
7
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NW ¼ NW ¼ of Section 7; and
</entry>
<entry colname="column5" leader-modify="clr-ldr"/>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
S ½ NE ¼, E ½ NE ¼ NE ¼ of Section 12
</entry>
<entry colname="column5" leader-modify="clr-ldr">
86.48
</entry>
</row>
<row>
<entry align="left" colname="column1" leader-modify="clr-ldr" stub-definition="txt-clr" stub-hierarchy="1">
6
</entry>
<entry colname="column2" leader-modify="clr-ldr">
8
</entry>
<entry colname="column3" leader-modify="clr-ldr">
12
</entry>
<entry colname="column4" leader-modify="clr-ldr">
NE ¼ NW ¼
</entry>
<entry colname="column5" leader-modify="clr-ldr">
1.56
</entry>
</row>
<row>
<entry colname="column1" leader-modify="clr-ldr" rowsep="1" stub-definition="txt-clr"/>
<entry colname="column2" leader-modify="clr-ldr" rowsep="1"/>
<entry colname="column3" leader-modify="clr-ldr" rowsep="1"/>
<entry colname="column4" leader-modify="clr-ldr" rowsep="1">
Total
</entry>
<entry colname="column5" leader-modify="clr-ldr" rowsep="1">
11,274.19
</entry>
</row>
</tbody>
</tgroup>
</table>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</clause>
</subparagraph>
</paragraph>
</section>
</legis-body>
<endorsement display="yes">
<action-date date="20130722">
July 22, 2013
</action-date>
<action-desc>
Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
</action-desc>
</endorsement>
</bill>
| IB Union Calendar No. 122 113th CONGRESS 1st Session H. R. 841 [Report No. 113–168] IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Schrader introduced the following bill; which was referred to the Committee on Natural Resources July 22, 2013 Additional sponsors: Mr. DeFazio , Mr. Blumenauer , Ms. Bonamici , and Mr. Walden July 22, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.
1. Establishment of reservation Section 1 of the Act entitled An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes, approved September 9, 1988 ( Public Law 100–425 ; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended— (1) in subsection (a)— (A) by striking Subject to valid and inserting the following: (1) In general Subject to valid ; and (B) by adding after paragraph (1) (as designated by subparagraph (A)) the following: (2) Additional trust acquisitions (A) In general The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. (B) Treatment of trust land All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition. (C) Reservation All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe. ; and (2) in subsection (c)— (A) in the matter preceding the table, by striking in subsection (a) are approximately 10,311.60 and inserting in subsection (a)(1) are approximately 11,274.19 ; and (B) in the table— (i) by striking the following: 6 7 8 Tax lot 800 5.55 ; and inserting the following: 6 7 7, 8, 17, 18 Former tax lot 800, located within the SE ¼ SE ¼ of Section 7; SW ¼ SW ¼ of Section 8; NW ¼ NW ¼ of Section 17; and NE ¼ NE ¼ of Section 18 5.55 ; (ii) in the acres column of the last item added by section 2(a)(1) of Public Law 103–445 (108 Stat. 4566), by striking 240 and inserting 241.06 ; and (iii) by striking all text after 6 7 18 E ½ NE ¼ 43.42 ; and inserting the following: 6 8 1 W ½ SE ¼ SE ¼ 20.6 6 8 1 N ½ SW ¼ SE ¼ 19.99 6 8 1 SE ¼ NE ¼ 9.99 6 8 1 NE ¼ SW ¼ 10.46 6 8 1 NE ¼ SW ¼, NW ¼ SW ¼ 12.99 6 7 6 SW ¼ NW ¼ 37.99 6 7 5 SE ¼ SW ¼ 24.87 6 7 5, 8 SW ¼ SE ¼ of Section 5; and NE ¼ NE ¼, NW ¼ NE ¼, NE ¼ NW ¼ of Section 8 109.9 6 8 1 NW ¼ SE ¼ 31.32 6 8 1 NE ¼ SW ¼ 8.89 6 8 1 SW ¼ NE ¼, NW ¼ NE ¼ 78.4 6 7 8, 17 SW ¼ SW ¼ of Section 8; and NE ¼ NW ¼, NW ¼ NW ¼ of Section 17 14.33 6 7 17 NW¼ NW ¼ 6.68 6 8 12 SW ¼ NE¼ 8.19 6 8 1 SE ¼ SW ¼ 2.0 6 8 1 SW ¼ SW ¼ 5.05 6 8 12 SE ¼, SW ¼ 50.8 6 7 17, 18 SW ¼, NW ¼ of Section 17; and SE ¼, NE ¼ of Section 18 136.83 6 8 1 SW ¼ SE ¼ 20.08 6 7 5 NE ¼ SE ¼, SE ¼ SE ¼, E ½ SE ¼ SW ¼ 97.38 4 7 31 SE ¼ 159.60 6 7 17 NW ¼ NW ¼ 3.14 6 8 12 NW ¼ SE ¼ 1.10 6 7 8 SW ¼ SW ¼ 0.92 6 8 12 NE ¼ NW ¼ 1.99 6 7 7 NW ¼ NW ¼ of Section 7; and 6 8 12 S ½ NE ¼, E ½ NE ¼ NE ¼ of Section 12 86.48 6 8 12 NE ¼ NW ¼ 1.56 Total 11,274.19 .
July 22, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed |
113-hr-842-ih-dtd | 113-hr-842 | 113 | hr | 842 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr842ih.xml | BILLS-113hr842ih.xml | 2023-01-08 17:37:39.422 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HFB29EFCFA4134000A45F969EBF8522C8" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 842 IH: Functional Gastrointestinal and Motility Disorders Research Enhancement Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 842
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="S000244">
Mr. Sensenbrenner
</sponsor>
(for himself and
<cosponsor name-id="M000933">
Mr. Moran
</cosponsor>
) introduced
the following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To expand the research activities of the National
Institutes of Health with respect to functional gastrointestinal and motility
disorders, and for other purposes.
</official-title>
</form>
<legis-body id="HF4CCE939F26F414E8C8269AB0CA20C53" style="OLC">
<section id="HAD2B9D71CA02466AB488B8491E35F2AD" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Functional Gastrointestinal and
Motility Disorders Research Enhancement Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="HB2BA56449D6B4693984D0D006E004994">
<enum>
2.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
Congress finds the following:
</text>
<paragraph id="HC29E790F377C4BBCABFD3B316C0CF245">
<enum>
(1)
</enum>
<text>
Functional
gastrointestinal and motility disorders (FGIMDs) are chronic conditions
associated with increased sensitivity of the GI tract, abnormal motor
functioning, and brain-gut dysfunction.
</text>
</paragraph>
<paragraph id="H56B11C722F4C48F6A2408D5DABD490A1">
<enum>
(2)
</enum>
<text>
FGIMDs are
characterized by symptoms in the GI tract including pain or discomfort, nausea,
vomiting, diarrhea, constipation, incontinence, problems in the passage of food
or feces, or a combination of these symptoms.
</text>
</paragraph>
<paragraph id="H54B6D28DB8CA4FEABC890E27D222DD80">
<enum>
(3)
</enum>
<text>
FGIMDs include
conditions such as dysphagia, gastroesophageal reflux disease, dyspepsia,
cyclic vomiting syndrome, gastroparesis, irritable bowel syndrome (IBS),
Hirschsprung’s disease, chronic intestinal pseudo-obstruction, bowel
incontinence, and many others, which affect the esophagus, stomach,
gallbladder, small and large intestine, and anorectal areas of the body.
</text>
</paragraph>
<paragraph id="HCD671DF50088492AA1B35E90A9BA9D38">
<enum>
(4)
</enum>
<text>
The severity of
FGIMDs ranges from mildly uncomfortable to debilitating and in some cases
life-threatening.
</text>
</paragraph>
<paragraph id="H060F46680E554000BCFDB282FE3CF508">
<enum>
(5)
</enum>
<text>
Effective
treatments for the multiple symptoms of FGIMDs are lacking, and while sufferers
frequently use a variety of medications and therapies for symptoms, few
patients report satisfaction with available treatments.
</text>
</paragraph>
<paragraph id="HFCAFA20893BA45D3AC88B4F1C5993AB0">
<enum>
(6)
</enum>
<text>
Patients with
FGIMDs frequently suffer for years before receiving an accurate diagnosis,
exposing them to unnecessary and costly tests and procedures including
surgeries, as well as needless suffering and expense.
</text>
</paragraph>
<paragraph id="HB56E13F4CFC54D449D6AA3E265C06F47">
<enum>
(7)
</enum>
<text>
The economic
impact of FGIMDs is high. The annual cost in the United States for IBS alone is
estimated to be between $1.7 billion and $10 billion in direct medical costs
(excluding prescription and over-the-counter medications) and $20 billion in
indirect medical costs.
</text>
</paragraph>
<paragraph id="H8B8DC464F8BF46C2A5FAF77BFA358FF2">
<enum>
(8)
</enum>
<text>
FGIMDs frequently
take a toll on the workplace, as reflected in work absenteeism, lost
productivity, and lost opportunities for the individual and society.
</text>
</paragraph>
<paragraph id="H227CC5A4F26D42C68EDF7BAB5BF290FE">
<enum>
(9)
</enum>
<text>
Gastrointestinal
symptoms consistent with functional gastrointestinal disorders such as IBS and
functional dyspepsia have been recognized as a serious and disabling issue for
military veterans, particularly those who have been deployed.
</text>
</paragraph>
<paragraph id="HA9883414E7ED470D87F1C693945552A3">
<enum>
(10)
</enum>
<text>
FGIMDs affect
individuals of all ages including children, and pediatric FGIMDs can be
particularly serious, leading to a lifetime of painful symptoms and medical
expenses associated with management of chronic illness or death.
</text>
</paragraph>
<paragraph id="H5F087C95803742E49F3DF452D012D066">
<enum>
(11)
</enum>
<text>
The National
Institutes of Health’s National Commission on Digestive Diseases identified
comprehensive research goals related to FGIMDs in its April 2009 report to
Congress and the American public entitled
<quote>
Opportunities and Challenges
in Digestive Diseases Research: Recommendations of the National Commission on
Digestive Diseases
</quote>
.
</text>
</paragraph>
</section>
<section id="H4ED7ECC83353431BB491002DC1298CFF">
<enum>
3.
</enum>
<header>
Functional
gastrointestinal and motility disorders research enhancement
</header>
<text display-inline="no-display-inline">
Part B of title IV of the Public Health
Service Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/284">
42 U.S.C. 284 et seq.
</external-xref>
) is amended by adding at the end the
following:
</text>
<quoted-block id="H37FCF6E9459E43E19E7823ADD587C776" style="OLC">
<section id="HF748F8BC147F462187546DC12FCCBF41">
<enum>
409K.
</enum>
<header>
Functional
gastrointestinal and motility disorders
</header>
<text display-inline="no-display-inline">
The Director of NIH may expand, intensify,
and coordinate the activities of the National Institutes of Health with respect
to functional gastrointestinal and motility disorders (in this section referred
to as
<term>
FGIMDs
</term>
) by—
</text>
<paragraph display-inline="no-display-inline" id="HC8D26286C8AF429E82C69C7184545288">
<enum>
(1)
</enum>
<text>
expanding basic
and clinical research into FGIMDs by implementing the research recommendations
of the National Commission on Digestive Diseases relating to FGIMDs;
</text>
</paragraph>
<paragraph id="H17E9543D6BC948EEBB1ECAAC58C49F5D">
<enum>
(2)
</enum>
<text>
providing support
for the establishment of up to five centers of excellence on FGIMDs at leading
academic medical centers throughout the country to carry out innovative basic,
translational, and clinical research focused on FGIMDs;
</text>
</paragraph>
<paragraph id="HBE674AB9297B41E3A6B3000FA8D4EDEB">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
exploring collaborative research
opportunities among the National Institute of Diabetes and Digestive and Kidney
Diseases, the Office of Research on Women’s Health, the Office of Rare Disease
Research, and other Institutes and Centers of the National Institutes of
Health;
</text>
</paragraph>
<paragraph id="HFF0F818107904CA8BC6E310E7A4B01FB">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
directing the National Institute of
Diabetes and Digestive and Kidney Diseases to provide the necessary funding for
continued expansion and advancement of the FGIMDs research portfolio through
intramural and extramural research;
</text>
</paragraph>
<paragraph id="HB7797958B4664A9EA63CBD95E8CB7715">
<enum>
(5)
</enum>
<text display-inline="yes-display-inline">
directing the National Institute of
Diabetes and Digestive and Kidney Diseases and the Eunice Kennedy Shriver
National Institute of Child Health and Human Development to expand research
into FGIMDs that impact children, such as Hirschsprung’s disease and cyclic
vomiting syndrome, and maternal health, such as fecal incontinence; and
</text>
</paragraph>
<paragraph id="HAA5F8C69C0A44DCEA2B666DEBD7A0AE3">
<enum>
(6)
</enum>
<text>
exploring
opportunities to partner with the Department of Defense and the Department of
Veterans Affairs to increase research and improve patient care regarding FGIMDs
that commonly impact veterans and active duty military personnel, such as IBS
and
dyspepsia.
</text>
</paragraph>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HEE4BA3C57EE04015BA4439D088B2F749">
<enum>
4.
</enum>
<header>
Promoting public
awareness of functional gastrointestinal and motility disorders
</header>
<text display-inline="no-display-inline">
Part B of title III of the Public Health
Service Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/243">
42 U.S.C. 243 et seq.
</external-xref>
) is amended by adding at the end the
following:
</text>
<quoted-block id="H2DE8E8F30EEB4FCCACE0CDCF819F4162" style="OLC">
<section id="HB2360CBDD3C5499A94FA27A06149AAA8">
<enum>
320B.
</enum>
<header>
Public
awareness of functional gastrointestinal and motility disorders
</header>
<text display-inline="no-display-inline">
The Secretary may engage in public awareness
and education activities to increase understanding and recognition of
functional gastrointestinal and motility disorders (in this section referred to
as
<term>
FGIMDs
</term>
). Such activities may include the distribution of print,
film, and web-based materials targeting health care providers and the public
and prepared and disseminated in conjunction with patient organizations that
treat FGIMDs. The information expressed through such activites should
emphasize—
</text>
<paragraph id="H84ED04EBD5434352AEA403A2BBE4AE9E">
<enum>
(1)
</enum>
<text>
basic information
on FGIMDs, their symptoms, prevalence, and frequently co-occurring conditions;
and
</text>
</paragraph>
<paragraph id="H32528553159E4BC0AA0156FE62C9DCD1">
<enum>
(2)
</enum>
<text>
the importance of
early diagnosis, and prompt and accurate treatment of
FGIMDs.
</text>
</paragraph>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H13A1A7F0ACDD425AB653220F0FC326EF">
<enum>
5.
</enum>
<header>
Sense of Congress
on the development and oversight of innovative treatment options for functional
gastrointestinal and motility disorders
</header>
<text display-inline="no-display-inline">
It is the sense of Congress that,
considering the current lack of effective treatment options for the global
symptoms of functional gastrointestinal and motility disorders (in this section
referred to as
<term>
FGIMDs
</term>
) and the inherent challenges of developing
and bringing such treatments to market, the Commissioner of Food and Drugs
should continue and accelerate important efforts to improve the development and
oversight of treatment options for FGIMDs by—
</text>
<paragraph id="H13F1CC71F267416FB2D657E555707344">
<enum>
(1)
</enum>
<text>
enhancing the
commitment to emerging efforts like the Patient Reported Outcomes Consortium to
expedite medical device and drug development, study appropriate balances
between risk and patient benefit, and identify proper endpoints for conditions
without clear, biological indicators;
</text>
</paragraph>
<paragraph id="HA71EED4FD5F74E9396E61D648BB2D27A">
<enum>
(2)
</enum>
<text>
enhancing the
commitment to broad efforts like the Critical Path Initiative focused on
ensuring that scientific breakthroughs are quickly translated into safe and
beneficial treatment options; and
</text>
</paragraph>
<paragraph id="H4BAF3E5B41DB4CDBB7DE308C904DCFBC">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
continuing collaboration with patient
organizations that treat FGIMDs so that the patient perspective is considered
when determining the need for innovative treatments.
</text>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 842 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Sensenbrenner (for himself and Mr. Moran ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To expand the research activities of the National Institutes of Health with respect to functional gastrointestinal and motility disorders, and for other purposes.
1. Short title This Act may be cited as the Functional Gastrointestinal and Motility Disorders Research Enhancement Act of 2013 . 2. Findings Congress finds the following: (1) Functional gastrointestinal and motility disorders (FGIMDs) are chronic conditions associated with increased sensitivity of the GI tract, abnormal motor functioning, and brain-gut dysfunction. (2) FGIMDs are characterized by symptoms in the GI tract including pain or discomfort, nausea, vomiting, diarrhea, constipation, incontinence, problems in the passage of food or feces, or a combination of these symptoms. (3) FGIMDs include conditions such as dysphagia, gastroesophageal reflux disease, dyspepsia, cyclic vomiting syndrome, gastroparesis, irritable bowel syndrome (IBS), Hirschsprung’s disease, chronic intestinal pseudo-obstruction, bowel incontinence, and many others, which affect the esophagus, stomach, gallbladder, small and large intestine, and anorectal areas of the body. (4) The severity of FGIMDs ranges from mildly uncomfortable to debilitating and in some cases life-threatening. (5) Effective treatments for the multiple symptoms of FGIMDs are lacking, and while sufferers frequently use a variety of medications and therapies for symptoms, few patients report satisfaction with available treatments. (6) Patients with FGIMDs frequently suffer for years before receiving an accurate diagnosis, exposing them to unnecessary and costly tests and procedures including surgeries, as well as needless suffering and expense. (7) The economic impact of FGIMDs is high. The annual cost in the United States for IBS alone is estimated to be between $1.7 billion and $10 billion in direct medical costs (excluding prescription and over-the-counter medications) and $20 billion in indirect medical costs. (8) FGIMDs frequently take a toll on the workplace, as reflected in work absenteeism, lost productivity, and lost opportunities for the individual and society. (9) Gastrointestinal symptoms consistent with functional gastrointestinal disorders such as IBS and functional dyspepsia have been recognized as a serious and disabling issue for military veterans, particularly those who have been deployed. (10) FGIMDs affect individuals of all ages including children, and pediatric FGIMDs can be particularly serious, leading to a lifetime of painful symptoms and medical expenses associated with management of chronic illness or death. (11) The National Institutes of Health’s National Commission on Digestive Diseases identified comprehensive research goals related to FGIMDs in its April 2009 report to Congress and the American public entitled Opportunities and Challenges in Digestive Diseases Research: Recommendations of the National Commission on Digestive Diseases . 3. Functional gastrointestinal and motility disorders research enhancement Part B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. ) is amended by adding at the end the following: 409K. Functional gastrointestinal and motility disorders The Director of NIH may expand, intensify, and coordinate the activities of the National Institutes of Health with respect to functional gastrointestinal and motility disorders (in this section referred to as FGIMDs ) by— (1) expanding basic and clinical research into FGIMDs by implementing the research recommendations of the National Commission on Digestive Diseases relating to FGIMDs; (2) providing support for the establishment of up to five centers of excellence on FGIMDs at leading academic medical centers throughout the country to carry out innovative basic, translational, and clinical research focused on FGIMDs; (3) exploring collaborative research opportunities among the National Institute of Diabetes and Digestive and Kidney Diseases, the Office of Research on Women’s Health, the Office of Rare Disease Research, and other Institutes and Centers of the National Institutes of Health; (4) directing the National Institute of Diabetes and Digestive and Kidney Diseases to provide the necessary funding for continued expansion and advancement of the FGIMDs research portfolio through intramural and extramural research; (5) directing the National Institute of Diabetes and Digestive and Kidney Diseases and the Eunice Kennedy Shriver National Institute of Child Health and Human Development to expand research into FGIMDs that impact children, such as Hirschsprung’s disease and cyclic vomiting syndrome, and maternal health, such as fecal incontinence; and (6) exploring opportunities to partner with the Department of Defense and the Department of Veterans Affairs to increase research and improve patient care regarding FGIMDs that commonly impact veterans and active duty military personnel, such as IBS and dyspepsia. . 4. Promoting public awareness of functional gastrointestinal and motility disorders Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by adding at the end the following: 320B. Public awareness of functional gastrointestinal and motility disorders The Secretary may engage in public awareness and education activities to increase understanding and recognition of functional gastrointestinal and motility disorders (in this section referred to as FGIMDs ). Such activities may include the distribution of print, film, and web-based materials targeting health care providers and the public and prepared and disseminated in conjunction with patient organizations that treat FGIMDs. The information expressed through such activites should emphasize— (1) basic information on FGIMDs, their symptoms, prevalence, and frequently co-occurring conditions; and (2) the importance of early diagnosis, and prompt and accurate treatment of FGIMDs. . 5. Sense of Congress on the development and oversight of innovative treatment options for functional gastrointestinal and motility disorders It is the sense of Congress that, considering the current lack of effective treatment options for the global symptoms of functional gastrointestinal and motility disorders (in this section referred to as FGIMDs ) and the inherent challenges of developing and bringing such treatments to market, the Commissioner of Food and Drugs should continue and accelerate important efforts to improve the development and oversight of treatment options for FGIMDs by— (1) enhancing the commitment to emerging efforts like the Patient Reported Outcomes Consortium to expedite medical device and drug development, study appropriate balances between risk and patient benefit, and identify proper endpoints for conditions without clear, biological indicators; (2) enhancing the commitment to broad efforts like the Critical Path Initiative focused on ensuring that scientific breakthroughs are quickly translated into safe and beneficial treatment options; and (3) continuing collaboration with patient organizations that treat FGIMDs so that the patient perspective is considered when determining the need for innovative treatments. |
113-hr-843-ih-dtd | 113-hr-843 | 113 | hr | 843 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr843ih.xml | BILLS-113hr843ih.xml | 2023-01-08 17:37:39.285 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H8A9D31727E714269AF2A9480C26EBDB9" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 843 IH: San Francisco Bay Restoration Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 843
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="S001175">
Ms. Speier
</sponsor>
(for
herself,
<cosponsor name-id="P000197">
Ms. Pelosi
</cosponsor>
,
<cosponsor name-id="E000215">
Ms. Eshoo
</cosponsor>
,
<cosponsor name-id="G000559">
Mr. Garamendi
</cosponsor>
,
<cosponsor name-id="H001034">
Mr. Honda
</cosponsor>
,
<cosponsor name-id="H001068">
Mr. Huffman
</cosponsor>
,
<cosponsor name-id="L000551">
Ms. Lee of California
</cosponsor>
,
<cosponsor name-id="L000397">
Ms. Lofgren
</cosponsor>
,
<cosponsor name-id="M001166">
Mr. McNerney
</cosponsor>
,
<cosponsor name-id="M000725">
Mr. George Miller of California
</cosponsor>
,
<cosponsor name-id="S001193">
Mr. Swalwell of California
</cosponsor>
, and
<cosponsor name-id="T000460">
Mr. Thompson of California
</cosponsor>
) introduced
the following bill; which was referred to the
<committee-name committee-id="HPW00">
Committee on Transportation and
Infrastructure
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Federal Water Pollution Control Act to
establish a grant program to support the restoration of San Francisco
Bay.
</official-title>
</form>
<legis-body id="HBEC2A5BB286046E597E76CEADA93588B" style="OLC">
<section id="HC77B1A2278FE4EAD8AADBC3D2EDED953" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
San Francisco Bay Restoration
Act
</short-title>
</quote>
.
</text>
</section>
<section id="H5AF142F8FBA84AC399CA564BC53F8EBD">
<enum>
2.
</enum>
<header>
San Francisco Bay
restoration grant program
</header>
<text display-inline="no-display-inline">
Title I of the Federal Water Pollution
Control Act (
<external-xref legal-doc="usc" parsable-cite="usc/33/1251">
33 U.S.C. 1251 et seq.
</external-xref>
) is amended by adding at the end the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HD724911F9693496296BEFD5C9D954024" style="OLC">
<section id="H36442E7F433B4582A4E7521F976B3B59">
<enum>
123.
</enum>
<header>
San Francisco
Bay restoration grant program
</header>
<subsection id="H7B8C7E93491A437B8ED6EB0ACE2E327C">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text>
In
this section:
</text>
<paragraph id="HA6094D30E9DE470090CBB9288ACB6727">
<enum>
(1)
</enum>
<header>
Annual priority
list
</header>
<text>
The term
<term>
annual priority list
</term>
means the annual
priority list compiled under subsection (b).
</text>
</paragraph>
<paragraph id="H8A835E57689A4B579AB9A1CC859E31EA">
<enum>
(2)
</enum>
<header>
Comprehensive
plan
</header>
<text>
The term
<term>
comprehensive plan
</term>
means—
</text>
<subparagraph id="HCD4240C77E3949F2BFA12EE7E614B88F">
<enum>
(A)
</enum>
<text>
the comprehensive
conservation and management plan approved under section 320 for the San
Francisco Bay estuary; and
</text>
</subparagraph>
<subparagraph id="HC565B304AD1F4D579E4262B209C8CDCC">
<enum>
(B)
</enum>
<text>
any amendments to
that plan.
</text>
</subparagraph>
</paragraph>
<paragraph id="HEB5C720522E143DBABBE8EF6144930CD">
<enum>
(3)
</enum>
<header>
Estuary
partnership
</header>
<text>
The term
<term>
Estuary Partnership
</term>
means the
San Francisco Estuary Partnership, the entity that is designated as the
management conference under section 320.
</text>
</paragraph>
</subsection>
<subsection id="HB583EFFFD5B7414DA8A49E2073F29F92">
<enum>
(b)
</enum>
<header>
Annual priority
list
</header>
<paragraph id="HB1F79E4998F741EC899F19171B3FBBFC">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
After providing public notice, the Administrator shall
annually compile a priority list identifying and prioritizing the activities,
projects, and studies intended to be funded with the amounts made available
under subsection (c).
</text>
</paragraph>
<paragraph id="H8A09E3D36D8D4BE5B08835B96D0C3461">
<enum>
(2)
</enum>
<header>
Inclusions
</header>
<text>
The
annual priority list compiled under paragraph (1) shall include—
</text>
<subparagraph id="H6A60901034FC4AA7B22D7C02244DC168">
<enum>
(A)
</enum>
<text>
activities,
projects, or studies, including restoration projects and habitat improvement
for fish, waterfowl, and wildlife, that advance the goals and objectives of the
approved comprehensive plan;
</text>
</subparagraph>
<subparagraph id="H3FD91F61FBE14727AB85B336AB740D58">
<enum>
(B)
</enum>
<text>
information on the
activities, projects, programs, or studies specified under subparagraph (A),
including a description of—
</text>
<clause id="HEAA7ADD87F1346539A5D7BD9CC9F49F4">
<enum>
(i)
</enum>
<text>
the identities of
the financial assistance recipients; and
</text>
</clause>
<clause id="HE296E46BC3A647A39A285C5AC843AC3F">
<enum>
(ii)
</enum>
<text>
the communities
to be served; and
</text>
</clause>
</subparagraph>
<subparagraph id="HEF94DA3DEEB941938567693337E31929">
<enum>
(C)
</enum>
<text>
the criteria and
methods established by the Administrator for selection of activities, projects,
and studies.
</text>
</subparagraph>
</paragraph>
<paragraph id="HADCA458B311342C8B4471103EECA5CCB">
<enum>
(3)
</enum>
<header>
Consultation
</header>
<text>
In
developing the priority list under paragraph (1), the Administrator shall
consult with and consider the recommendations of—
</text>
<subparagraph id="HF2431787835D4C6B9FF1C8959864AB60">
<enum>
(A)
</enum>
<text>
the Estuary
Partnership;
</text>
</subparagraph>
<subparagraph id="H6E6414BBA99B4CEFB619542779364FC7">
<enum>
(B)
</enum>
<text>
the State of
California and affected local governments in the San Francisco Bay estuary
watershed; and
</text>
</subparagraph>
<subparagraph id="HA20C1515377D40FF9E8C0BA5C7789DC7">
<enum>
(C)
</enum>
<text>
any other relevant
stakeholder involved with the protection and restoration of the San Francisco
Bay estuary that the Administrator determines to be appropriate.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HE013591A9A754E449956BCEA43CC2B31">
<enum>
(c)
</enum>
<header>
Grant
program
</header>
<paragraph id="HF4E6A4D30A4E44A0B1157FA3AF376BBD">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Pursuant to section 320, the Administrator may provide
funding through cooperative agreements, grants, or other means to State and
local agencies, special districts, and public or nonprofit agencies,
institutions, and organizations, including the Estuary Partnership, for
activities, studies, or projects identified on the annual priority list.
</text>
</paragraph>
<paragraph id="HAFA0F9CA2A714409BC2E02DDE71BD3AD">
<enum>
(2)
</enum>
<header>
Maximum amount
of grants; non-Federal share
</header>
<subparagraph id="H6013AC2E7AEE41B9ACAF5F2D94B20741">
<enum>
(A)
</enum>
<header>
Maximum amount
of grants
</header>
<text>
Amounts provided to any individual or entity under this
section for a fiscal year shall not exceed an amount equal to 75 percent of the
total cost of any eligible activities that are to be carried out using those
amounts.
</text>
</subparagraph>
<subparagraph id="H4E0A7E1BBF21410BBEDBD80EF01A1BDE">
<enum>
(B)
</enum>
<header>
Non-Federal
share
</header>
<text>
The non-Federal share of the total cost of any eligible
activities that are carried out using amounts provided under this section shall
be—
</text>
<clause id="H7C5C3F2E3EA84C8C852385CA5554B704">
<enum>
(i)
</enum>
<text>
not less than 25
percent; and
</text>
</clause>
<clause id="HDF8F6FACCC334C33BD1FCA2EC4090F84">
<enum>
(ii)
</enum>
<text>
provided from
non-Federal sources.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H80A83F3436EA4CF3B57FDF09E590040B">
<enum>
(d)
</enum>
<header>
Funding
</header>
<paragraph id="H299889592FE34042B6D8E0F7B16922F3">
<enum>
(1)
</enum>
<header>
Authorization of
appropriations
</header>
<text>
There are authorized to be appropriated to the
Administrator to carry out this section $5,000,000 for each of fiscal years
2013 through 2017.
</text>
</paragraph>
<paragraph id="H949F24A51EF54537BAE5BFC80289110C">
<enum>
(2)
</enum>
<header>
Administrative
expenses
</header>
<text>
Of the amount made available to carry out this section
for a fiscal year, the Administrator shall use not more than 5 percent to pay
administrative expenses incurred in carrying out this section.
</text>
</paragraph>
<paragraph id="H35B9263ED9A242CC82572ADBAB87FC54">
<enum>
(3)
</enum>
<header>
Relationship to
other funding
</header>
<text>
Nothing in this section limits the eligibility of
the Estuary Partnership to receive funding under section 320(g).
</text>
</paragraph>
<paragraph id="H2A3099235764476E85038C38099796C2">
<enum>
(4)
</enum>
<header>
Prohibition
</header>
<text>
No
amounts made available under subsection (c) may be used for the administration
of a management conference under section
320.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 843 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Ms. Speier (for herself, Ms. Pelosi , Ms. Eshoo , Mr. Garamendi , Mr. Honda , Mr. Huffman , Ms. Lee of California , Ms. Lofgren , Mr. McNerney , Mr. George Miller of California , Mr. Swalwell of California , and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay.
1. Short title This Act may be cited as the San Francisco Bay Restoration Act . 2. San Francisco Bay restoration grant program Title I of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) is amended by adding at the end the following: 123. San Francisco Bay restoration grant program (a) Definitions In this section: (1) Annual priority list The term annual priority list means the annual priority list compiled under subsection (b). (2) Comprehensive plan The term comprehensive plan means— (A) the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and (B) any amendments to that plan. (3) Estuary partnership The term Estuary Partnership means the San Francisco Estuary Partnership, the entity that is designated as the management conference under section 320. (b) Annual priority list (1) In general After providing public notice, the Administrator shall annually compile a priority list identifying and prioritizing the activities, projects, and studies intended to be funded with the amounts made available under subsection (c). (2) Inclusions The annual priority list compiled under paragraph (1) shall include— (A) activities, projects, or studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the approved comprehensive plan; (B) information on the activities, projects, programs, or studies specified under subparagraph (A), including a description of— (i) the identities of the financial assistance recipients; and (ii) the communities to be served; and (C) the criteria and methods established by the Administrator for selection of activities, projects, and studies. (3) Consultation In developing the priority list under paragraph (1), the Administrator shall consult with and consider the recommendations of— (A) the Estuary Partnership; (B) the State of California and affected local governments in the San Francisco Bay estuary watershed; and (C) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Administrator determines to be appropriate. (c) Grant program (1) In general Pursuant to section 320, the Administrator may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for activities, studies, or projects identified on the annual priority list. (2) Maximum amount of grants; non-Federal share (A) Maximum amount of grants Amounts provided to any individual or entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any eligible activities that are to be carried out using those amounts. (B) Non-Federal share The non-Federal share of the total cost of any eligible activities that are carried out using amounts provided under this section shall be— (i) not less than 25 percent; and (ii) provided from non-Federal sources. (d) Funding (1) Authorization of appropriations There are authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of fiscal years 2013 through 2017. (2) Administrative expenses Of the amount made available to carry out this section for a fiscal year, the Administrator shall use not more than 5 percent to pay administrative expenses incurred in carrying out this section. (3) Relationship to other funding Nothing in this section limits the eligibility of the Estuary Partnership to receive funding under section 320(g). (4) Prohibition No amounts made available under subsection (c) may be used for the administration of a management conference under section 320. . |
113-hr-844-ih-dtd | 113-hr-844 | 113 | hr | 844 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr844ih.xml | BILLS-113hr844ih.xml | 2023-01-08 17:37:39.181 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dc:title>
113 HR 844 IH: VetSuccess Enhancement Act
</dc:title>
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U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-26
</dc:date>
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text/xml
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EN
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I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 844
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130226">
February 26, 2013
</action-date>
<action-desc>
<sponsor name-id="T000472">
Mr. Takano
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HVR00">
Committee on Veterans’
Affairs
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title 38, United States Code, to extend the
eligibility period for veterans to enroll in certain vocational rehabilitation
programs.
</official-title>
</form>
<legis-body id="H13524C6E90D448F0866F1CF76D88DBA8" style="OLC">
<section id="HA79720A3329D4C82A0EC067D964EF3A5" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
VetSuccess Enhancement
Act
</short-title>
</quote>
.
</text>
</section>
<section id="H0BAF39B48E0F46C3B1BDAE1B22C6783C" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Extension of
eligibility period for vocational rehabilitation programs
</header>
<subsection id="H183ED463A6AB41F38BC103B7E771E1B9">
<enum>
(a)
</enum>
<header>
Extension
</header>
<text display-inline="yes-display-inline">
<external-xref legal-doc="usc" parsable-cite="usc/38/3103">
Section 3103
</external-xref>
of title 38, United States
Code, is amended by striking
<quote>
twelve-year period
</quote>
and inserting
<quote>
17-year period
</quote>
each place it appears.
</text>
</subsection>
<subsection commented="no" id="H73B2637094BE4C38AA6837206A0240A4">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<text display-inline="yes-display-inline">
The amendment made by
subsection (a) shall apply with respect to a veteran applying for assistance
under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/38/31">
chapter 31
</external-xref>
of title 38, United States Code, on or after the date of the
enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 844 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Takano introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to extend the eligibility period for veterans to enroll in certain vocational rehabilitation programs.
1. Short title This Act may be cited as the VetSuccess Enhancement Act . 2. Extension of eligibility period for vocational rehabilitation programs (a) Extension Section 3103 of title 38, United States Code, is amended by striking twelve-year period and inserting 17-year period each place it appears. (b) Effective date The amendment made by subsection (a) shall apply with respect to a veteran applying for assistance under chapter 31 of title 38, United States Code, on or after the date of the enactment of this Act. |
113-hr-845-ih-dtd | 113-hr-845 | 113 | hr | 845 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr845ih.xml | BILLS-113hr845ih.xml | 2023-01-08 17:37:38.305 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HA3DEFB7CE018400D8183F95A9D2FC704" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 845 IH: Saving High-Tech Innovators from Egregious Legal Disputes Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 845
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="D000191">
Mr. DeFazio
</sponsor>
(for
himself and
<cosponsor name-id="C001076">
Mr. Chaffetz
</cosponsor>
) introduced
the following bill; which was referred to the
<committee-name committee-id="HJU00">
Committee on the
Judiciary
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/35/29">
chapter 29
</external-xref>
of title 35, United States Code, to
provide for the recovery of patent litigation costs, and for other
purposes.
</official-title>
</form>
<legis-body id="H7C46C2BC3AC4474E91A6B02F2C604C76" style="OLC">
<section id="H6CEDD1A460BF4AAD885E9B6281AE6B27" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Saving High-Tech Innovators from Egregious Legal Disputes
Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="H6AE3DDE5B87843C0AE777E9F46401073">
<enum>
2.
</enum>
<header>
Recovery of
litigation costs
</header>
<subsection id="HECDF14886B5E47BCBC0D29921A504E1D">
<enum>
(a)
</enum>
<header>
Amendment
</header>
<text display-inline="yes-display-inline">
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/35/29">
Chapter 29
</external-xref>
of title 35, United States Code,
is amended by inserting after section 285 the following new section:
</text>
<quoted-block display-inline="no-display-inline" id="H5B730ABBC8FF4CF3952905DFC72F4C75" style="USC">
<section id="HD5641E3AC9674885AE27947560164998">
<enum>
285A.
</enum>
<header>
Recovery of
litigation costs
</header>
<subsection id="H6A3E1ED9437D48DA99E6A4A263D9079D">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
In an action
involving the validity or infringement of a patent—
</text>
<paragraph id="H46CAD4AA4E3046B5A8BF70253E578F9C">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
a party asserting invalidity or
noninfringement may move for judgment that the adverse party does not meet at
least one of the conditions described in subsection (d);
</text>
</paragraph>
<paragraph id="H367138B7C7B243329D4DD231FB52CF99">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
not later than 90 days after a party has
moved for the judgment described in paragraph (1), the adverse party shall be
provided an opportunity to prove such party meets at least one of the
conditions described in subsection (d);
</text>
</paragraph>
<paragraph id="HE75C1A7414CC440A8520CBD993FF9A50">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
as soon as practicable after the adverse
party has been provided an opportunity to respond under paragraph (2), but not
later than 120 days after a party has moved for the judgment described in
paragraph (1), the court shall make a determination whether the adverse party
meets at least one of the conditions described in subsection (d); and
</text>
</paragraph>
<paragraph id="H6785409335D143189C2D2F61419BBE92">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
notwithstanding section 285, the Court
shall award the recovery of full costs to any prevailing party asserting
invalidity or noninfringement, including reasonable attorney’s fees, other than
the United States, upon the entry of a final judgment if the court determines
that the adverse party did not meet at least one of the conditions described in
subsection (d), unless the court finds that exceptional circumstances make an
award unjust.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="H35B52500694840DA8384F1B342E26C74">
<enum>
(b)
</enum>
<header>
Bond
required
</header>
<text display-inline="yes-display-inline">
Any party that fails
to meet a condition under subsection (a)(3) shall be required to post a bond in
an amount determined by the court to cover the recovery of full costs described
in subsection (a)(4).
</text>
</subsection>
<subsection commented="no" id="H72A2C6DB37A44027BDAD924452760215">
<enum>
(c)
</enum>
<header>
Timing and
effect of pending motion
</header>
<text display-inline="yes-display-inline">
With
respect to any motion made pursuant to subsection (a)(1) the following
applies:
</text>
<paragraph commented="no" id="H9AF8457E6E4643F798D97305757B7149">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
In the case of a motion that is filed
before the moving party’s initial disclosure are due—
</text>
<subparagraph commented="no" id="H62972F83F28B4646A46D8CA1E71016E8">
<enum>
(A)
</enum>
<text>
the court shall
limit any discovery to discovery that is necessary for the disposition of the
motion; and
</text>
</subparagraph>
<subparagraph commented="no" id="H0A7D84937AF74D59A575EFDE5E1DF745">
<enum>
(B)
</enum>
<text>
the court may
delay issuing any scheduling order until after ruling on the motion.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" id="HEB4E828D044B429EAAF78452ADC9580B">
<enum>
(2)
</enum>
<text>
In the case of a
motion that is filed after the moving party’s initial disclosures are due the
court may delay ruling on the motion until after the entry of final
judgment.
</text>
</paragraph>
<paragraph commented="no" id="H0D1F517E0CE649EF986EED8A77C759A5">
<enum>
(3)
</enum>
<text>
In the case of a
motion that is filed after the entry of final judgment, any such motion must be
combined with a motion for fees to the prevailing party.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="HA3D4B3B5CE6B4C28B41AEFCE229B7140">
<enum>
(d)
</enum>
<header>
Condition
defined
</header>
<text display-inline="yes-display-inline">
For purposes of this
section, a
<term>
condition
</term>
means, with respect to the party alleging
infringement, any of the following:
</text>
<paragraph commented="no" id="H45E83CB6075940BE946F791082DEF9BF">
<enum>
(1)
</enum>
<header>
Original
inventor
</header>
<text display-inline="yes-display-inline">
Such party is the
inventor, a joint inventor, or in the case of a patent filed by and awarded to
an assignee of the original inventor or joint inventor, the original assignee
of the patent.
</text>
</paragraph>
<paragraph commented="no" id="H0575078CE7CC4B8D9D08E798ED27EBB0">
<enum>
(2)
</enum>
<header>
Exploitation of
the patent
</header>
<text display-inline="yes-display-inline">
Such party can
provide documentation to the court of substantial investment made by such party
in the exploitation of the patent through production or sale of an item covered
by the patent.
</text>
</paragraph>
<paragraph id="HA262F543E8D8441EA2025E46E85A9541">
<enum>
(3)
</enum>
<header>
University or
technology transfer organization
</header>
<text display-inline="yes-display-inline">
Such party is—
</text>
<subparagraph id="H12CDC83FFA074761AC07D3A4283C8EFC">
<enum>
(A)
</enum>
<text>
an institution of
higher education (as that term is defined in section 101 of the Higher
Education Act of 1965 (
<external-xref legal-doc="usc" parsable-cite="usc/20/1001">
20 U.S.C. 1001
</external-xref>
); or
</text>
</subparagraph>
<subparagraph id="HA5A535FA44F64AB6AE8BC6B2E11B759B">
<enum>
(B)
</enum>
<text>
a technology
transfer organization whose primary purpose is to facilitate the
commercialization of technology developed by one or more institutions of higher
education.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H044EA2FB338F4D84B99977CBC1117E54">
<enum>
(b)
</enum>
<header>
Technical and
conforming amendment
</header>
<text>
The table of sections for chapter 29 of
title 35, United States Code, is amended by inserting after the item relating
to section 285 the following new item:
</text>
<quoted-block display-inline="no-display-inline" id="H63A760904CA241D3901249D8939B85A4" style="USC">
<toc regeneration="no-regeneration">
<toc-entry level="item">
285A. Recovery of litigation costs for
patent.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H237EF2A0E8834125B02F21D37D57D45E">
<enum>
(c)
</enum>
<header>
Effective
date
</header>
<text display-inline="yes-display-inline">
The amendment made by
subsection (a) shall take effect on the date of the enactment of this Act and
shall apply to any action involving the validity or infringement of a patent
for which a complaint is filed on or after the date of the enactment of this
Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 845 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. DeFazio (for himself and Mr. Chaffetz ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 29 of title 35, United States Code, to provide for the recovery of patent litigation costs, and for other purposes.
1. Short title This Act may be cited as the Saving High-Tech Innovators from Egregious Legal Disputes Act of 2013 . 2. Recovery of litigation costs (a) Amendment Chapter 29 of title 35, United States Code, is amended by inserting after section 285 the following new section: 285A. Recovery of litigation costs (a) In general In an action involving the validity or infringement of a patent— (1) a party asserting invalidity or noninfringement may move for judgment that the adverse party does not meet at least one of the conditions described in subsection (d); (2) not later than 90 days after a party has moved for the judgment described in paragraph (1), the adverse party shall be provided an opportunity to prove such party meets at least one of the conditions described in subsection (d); (3) as soon as practicable after the adverse party has been provided an opportunity to respond under paragraph (2), but not later than 120 days after a party has moved for the judgment described in paragraph (1), the court shall make a determination whether the adverse party meets at least one of the conditions described in subsection (d); and (4) notwithstanding section 285, the Court shall award the recovery of full costs to any prevailing party asserting invalidity or noninfringement, including reasonable attorney’s fees, other than the United States, upon the entry of a final judgment if the court determines that the adverse party did not meet at least one of the conditions described in subsection (d), unless the court finds that exceptional circumstances make an award unjust. (b) Bond required Any party that fails to meet a condition under subsection (a)(3) shall be required to post a bond in an amount determined by the court to cover the recovery of full costs described in subsection (a)(4). (c) Timing and effect of pending motion With respect to any motion made pursuant to subsection (a)(1) the following applies: (1) In the case of a motion that is filed before the moving party’s initial disclosure are due— (A) the court shall limit any discovery to discovery that is necessary for the disposition of the motion; and (B) the court may delay issuing any scheduling order until after ruling on the motion. (2) In the case of a motion that is filed after the moving party’s initial disclosures are due the court may delay ruling on the motion until after the entry of final judgment. (3) In the case of a motion that is filed after the entry of final judgment, any such motion must be combined with a motion for fees to the prevailing party. (d) Condition defined For purposes of this section, a condition means, with respect to the party alleging infringement, any of the following: (1) Original inventor Such party is the inventor, a joint inventor, or in the case of a patent filed by and awarded to an assignee of the original inventor or joint inventor, the original assignee of the patent. (2) Exploitation of the patent Such party can provide documentation to the court of substantial investment made by such party in the exploitation of the patent through production or sale of an item covered by the patent. (3) University or technology transfer organization Such party is— (A) an institution of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); or (B) a technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by one or more institutions of higher education. . (b) Technical and conforming amendment The table of sections for chapter 29 of title 35, United States Code, is amended by inserting after the item relating to section 285 the following new item: 285A. Recovery of litigation costs for patent. . (c) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any action involving the validity or infringement of a patent for which a complaint is filed on or after the date of the enactment of this Act. |
113-hr-846-ih-dtd | 113-hr-846 | 113 | hr | 846 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr846ih.xml | BILLS-113hr846ih.xml | 2023-01-08 17:37:38.846 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H105DC58D6A8D419C8877A07E6D1B89ED" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 846 IH: Diagnostic Imaging Services Access Protection Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 846
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="O000168">
Mr. Olson
</sponsor>
(for
himself,
<cosponsor name-id="M001143">
Ms. McCollum
</cosponsor>
,
<cosponsor name-id="R000580">
Mr. Roskam
</cosponsor>
,
<cosponsor name-id="B001252">
Mr. Barrow of Georgia
</cosponsor>
,
<cosponsor name-id="G000558">
Mr. Guthrie
</cosponsor>
,
<cosponsor name-id="P000601">
Mr. Palazzo
</cosponsor>
,
<cosponsor name-id="R000582">
Mr. Roe of Tennessee
</cosponsor>
,
<cosponsor name-id="B001273">
Mrs. Black
</cosponsor>
,
<cosponsor name-id="C000556">
Mr. Coble
</cosponsor>
,
<cosponsor name-id="R000587">
Mr. Ribble
</cosponsor>
,
<cosponsor name-id="H001045">
Mr. Harper
</cosponsor>
,
<cosponsor name-id="M001180">
Mr. McKinley
</cosponsor>
,
<cosponsor name-id="B001243">
Mrs. Blackburn
</cosponsor>
,
<cosponsor name-id="P000096">
Mr. Pascrell
</cosponsor>
,
<cosponsor name-id="R000586">
Mr. Renacci
</cosponsor>
,
<cosponsor name-id="C001047">
Mrs. Capito
</cosponsor>
,
<cosponsor name-id="N000181">
Mr. Nunes
</cosponsor>
,
<cosponsor name-id="T000462">
Mr. Tiberi
</cosponsor>
,
<cosponsor name-id="B001257">
Mr. Bilirakis
</cosponsor>
,
<cosponsor name-id="L000565">
Mr. Loebsack
</cosponsor>
,
<cosponsor name-id="M001182">
Mr. Mulvaney
</cosponsor>
,
<cosponsor name-id="C001045">
Mr. Crenshaw
</cosponsor>
,
<cosponsor name-id="B001275">
Mr. Bucshon
</cosponsor>
,
<cosponsor name-id="P000591">
Mr. Price of Georgia
</cosponsor>
,
<cosponsor name-id="J000290">
Ms. Jenkins
</cosponsor>
,
<cosponsor name-id="O000169">
Mr. Owens
</cosponsor>
,
<cosponsor name-id="R000585">
Mr. Reed
</cosponsor>
,
<cosponsor name-id="A000369">
Mr. Amodei
</cosponsor>
,
<cosponsor name-id="K000378">
Mr.
Kinzinger of Illinois
</cosponsor>
,
<cosponsor name-id="S001179">
Mr.
Schock
</cosponsor>
,
<cosponsor name-id="B001259">
Mr. Braley of
Iowa
</cosponsor>
,
<cosponsor name-id="B001248">
Mr. Burgess
</cosponsor>
,
<cosponsor name-id="H001052">
Mr. Harris
</cosponsor>
,
<cosponsor name-id="R000572">
Mr. Rogers of Michigan
</cosponsor>
,
<cosponsor name-id="H001055">
Mr. Heck of Nevada
</cosponsor>
,
<cosponsor name-id="C001036">
Mrs. Capps
</cosponsor>
,
<cosponsor name-id="S000364">
Mr. Shimkus
</cosponsor>
,
<cosponsor name-id="G000567">
Mr. Griffin of Arkansas
</cosponsor>
,
<cosponsor name-id="L000566">
Mr. Latta
</cosponsor>
,
<cosponsor name-id="W000791">
Mr. Walden
</cosponsor>
,
<cosponsor name-id="B001255">
Mr. Boustany
</cosponsor>
,
<cosponsor name-id="M001142">
Mr. Matheson
</cosponsor>
, and
<cosponsor name-id="T000459">
Mr. Terry
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HIF00">
Committee
on Energy and Commerce
</committee-name>
, and in addition to the Committee on
<committee-name committee-id="HWM00">
Ways and Means
</committee-name>
, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title XVIII of the Social Security Act to ensure
the continued access of Medicare beneficiaries to diagnostic imaging
services.
</official-title>
</form>
<legis-body id="H9FE9A4887EB9467682757975E470657A" style="OLC">
<section id="HB1DCE487C90645C99D48602099953D37" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Diagnostic Imaging Services Access
Protection Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="HD0F54F0CF34A4A279C3D3EF75911571F">
<enum>
2.
</enum>
<header>
Medicare payment
for imaging services
</header>
<text display-inline="no-display-inline">
Section
1848(b)(4) of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1395w-4">
42 U.S.C. 1395w–4(b)(4)
</external-xref>
) is amended by
adding at the end the following new subparagraph:
</text>
<quoted-block id="HE1CD7A0ABFEC4B9BA5C0BC464FA8C96B" style="OLC">
<subparagraph id="HD17F4EA6FFF54438BC2D9A1E2B01E2ED">
<enum>
(E)
</enum>
<header>
Limitation on
application of multiple procedure payment reduction
</header>
<text>
The Secretary
may not apply a multiple procedure payment reduction policy to the professional
component of imaging services furnished on or after 30 days after the date of
the enactment of this subparagraph, until the Secretary publishes in the
Federal Register the following:
</text>
<clause id="HFDEBF1B185E74A14A7A4C4FEDD3246B4">
<enum>
(i)
</enum>
<text>
An
analysis of the information used in the final rule to implement the physician
fee schedule under this section in 2013 to determine what, if any, efficiencies
exist within the professional component of imaging services when 2 or more
studies are performed on the same patient on the same day.
</text>
</clause>
<clause id="H616A3716E742443F9AADBB37AA6E1156">
<enum>
(ii)
</enum>
<text>
Detailed
information on—
</text>
<subclause id="H95C7A6E7113746809325FFEE9DF3F436">
<enum>
(I)
</enum>
<text>
which activities
in the vignettes in such rule were assigned reduction percentages of 0, 25, 50,
75, and 100 percent;
</text>
</subclause>
<subclause id="H55D94D5008A1475A857D0477E45C6235">
<enum>
(II)
</enum>
<text>
how such
percentage reductions for the pre-, intra-, and post-service work were
determined and calculated; and
</text>
</subclause>
<subclause id="HBB3EE4CB3FD34F228DDC3EF1955260F5">
<enum>
(III)
</enum>
<text>
the clinical
aspects that went into those
decisions.
</text>
</subclause>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 846 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Olson (for himself, Ms. McCollum , Mr. Roskam , Mr. Barrow of Georgia , Mr. Guthrie , Mr. Palazzo , Mr. Roe of Tennessee , Mrs. Black , Mr. Coble , Mr. Ribble , Mr. Harper , Mr. McKinley , Mrs. Blackburn , Mr. Pascrell , Mr. Renacci , Mrs. Capito , Mr. Nunes , Mr. Tiberi , Mr. Bilirakis , Mr. Loebsack , Mr. Mulvaney , Mr. Crenshaw , Mr. Bucshon , Mr. Price of Georgia , Ms. Jenkins , Mr. Owens , Mr. Reed , Mr. Amodei , Mr. Kinzinger of Illinois , Mr. Schock , Mr. Braley of Iowa , Mr. Burgess , Mr. Harris , Mr. Rogers of Michigan , Mr. Heck of Nevada , Mrs. Capps , Mr. Shimkus , Mr. Griffin of Arkansas , Mr. Latta , Mr. Walden , Mr. Boustany , Mr. Matheson , and Mr. Terry ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to ensure the continued access of Medicare beneficiaries to diagnostic imaging services.
1. Short title This Act may be cited as the Diagnostic Imaging Services Access Protection Act of 2013 . 2. Medicare payment for imaging services Section 1848(b)(4) of the Social Security Act ( 42 U.S.C. 1395w–4(b)(4) ) is amended by adding at the end the following new subparagraph: (E) Limitation on application of multiple procedure payment reduction The Secretary may not apply a multiple procedure payment reduction policy to the professional component of imaging services furnished on or after 30 days after the date of the enactment of this subparagraph, until the Secretary publishes in the Federal Register the following: (i) An analysis of the information used in the final rule to implement the physician fee schedule under this section in 2013 to determine what, if any, efficiencies exist within the professional component of imaging services when 2 or more studies are performed on the same patient on the same day. (ii) Detailed information on— (I) which activities in the vignettes in such rule were assigned reduction percentages of 0, 25, 50, 75, and 100 percent; (II) how such percentage reductions for the pre-, intra-, and post-service work were determined and calculated; and (III) the clinical aspects that went into those decisions. . |
113-hr-847-ih-dtd | 113-hr-847 | 113 | hr | 847 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr847ih.xml | BILLS-113hr847ih.xml | 2023-01-08 17:37:38.548 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H2BCB030E6E474775AA20BF1EE4625182" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 847 IH: Puppy Uniform Protection and Safety Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 847
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="G000549">
Mr. Gerlach
</sponsor>
(for
himself,
<cosponsor name-id="F000030">
Mr. Farr
</cosponsor>
,
<cosponsor name-id="Y000031">
Mr. Young of Florida
</cosponsor>
, and
<cosponsor name-id="C001036">
Mrs. Capps
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HAG00">
Committee
on Agriculture
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Animal Welfare Act to provide further
protection for puppies.
</official-title>
</form>
<legis-body id="HA88DFDD286B849E5B4DC8B49E2B41733" style="OLC">
<section id="H3D86547C6BC842769A0D20DB49888D50" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Puppy Uniform Protection and Safety
Act
</short-title>
</quote>
.
</text>
</section>
<section id="HF4C5898D073342B88BB82C3350500778">
<enum>
2.
</enum>
<header>
Protection of
puppies under the Animal Welfare Act
</header>
<subsection id="HB10DD64E61C14BE585D621596A500092">
<enum>
(a)
</enum>
<header>
High volume
retail breeder defined
</header>
<text>
Section 2 of the Animal Welfare Act (7
U.S.C. 2132) is amended—
</text>
<paragraph id="H99D29E91FD9A476E9F0B6E1E92AD51CE">
<enum>
(1)
</enum>
<text>
in subsection (l),
by striking
<quote>
research.
</quote>
and inserting
<quote>
research;
</quote>
;
</text>
</paragraph>
<paragraph id="H9527FCD4F01B4E49BB04BEBB3036BC41">
<enum>
(2)
</enum>
<text>
in subsection (m),
by striking
<quote>
members.
</quote>
and inserting
<quote>
members;
</quote>
;
</text>
</paragraph>
<paragraph id="HBBBEDE5A303C41069C80842A06827B89">
<enum>
(3)
</enum>
<text>
in subsection (n),
by striking
<quote>
section 13(b); and
</quote>
and inserting
<quote>
section
13(b);
</quote>
;
</text>
</paragraph>
<paragraph id="H3F03947A7AAE43418A0829F3F6DAE21D">
<enum>
(4)
</enum>
<text>
in subsection (o),
by striking
<quote>
experimentation.
</quote>
and inserting
<quote>
experimentation; and
</quote>
; and
</text>
</paragraph>
<paragraph id="HAD1D1AD5399441AFA823C5DA95A6B762">
<enum>
(5)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block id="H2A3867E936B04659ADD17F4E13B2CEBD" style="OLC">
<subsection id="HE3C124F279C94A46998F77529895FC47">
<enum>
(p)
</enum>
<header>
High Volume
Retail Breeder
</header>
<paragraph id="HE5F36675DF624125B52CBE69EF57CCEA">
<enum>
(1)
</enum>
<header>
Definitions
</header>
<text>
In
this subsection:
</text>
<subparagraph id="H97BEEBADEAE0408997CF5759F5BA65C1">
<enum>
(A)
</enum>
<header>
Breeding female
dog
</header>
<text>
The term
<term>
breeding female dog
</term>
means an intact
female dog aged 4 months or older.
</text>
</subparagraph>
<subparagraph id="H4CCDF66C49FD41F78757E801C675E7F8">
<enum>
(B)
</enum>
<header>
High volume
retail breeder
</header>
<text display-inline="yes-display-inline">
The term
<term>
high volume retail breeder
</term>
means a person who, in commerce, for
compensation or profit—
</text>
<clause id="HE70718A166294B6CBE734BB712F4F773">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
has an ownership interest in or custody of
1 or more breeding female dogs; and
</text>
</clause>
<clause id="H09060CECC01E4337B10CA1ED595E86EC">
<enum>
(ii)
</enum>
<text>
sells or offers
for sale, via any means of conveyance (including the Internet, telephone, or
newspaper), more than 50 of the offspring of such breeding female dogs for use
as pets in any 1-year period.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H577589113749493B8C01BA20AD341A68">
<enum>
(2)
</enum>
<header>
Relationship to
dealers
</header>
<subparagraph id="HF97BFE75C89242F1A5AA15C4B6658C4A">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
For purposes of this
Act, a high volume retail breeder shall be considered to be a dealer and
subject to all provisions of this Act applicable to a dealer.
</text>
</subparagraph>
<subparagraph id="HD2A38A1A8C13459CB472D1FCF7717854">
<enum>
(B)
</enum>
<header>
Exception
</header>
<text display-inline="yes-display-inline">
The retail pet store exemption in
subsection (f)(i) shall not apply to a high volume retail
breeder.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H8BB1E9408FD74DFFBE0676A2B216BE6E">
<enum>
(b)
</enum>
<header>
Licenses
</header>
<text>
Section
3 of the Animal Welfare Act (
<external-xref legal-doc="usc" parsable-cite="usc/7/2133">
7 U.S.C. 2133
</external-xref>
) is amended—
</text>
<paragraph id="HF6AA4E7E1AEC48289CA6B2D8B0CA9883">
<enum>
(1)
</enum>
<text>
by striking
<quote>
The Secretary
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
In general
</header-in-text>
.—The
Secretary
</quote>
;
</text>
</paragraph>
<paragraph id="H4C5900F687F24E52B2A6129CC605D792">
<enum>
(2)
</enum>
<text>
in subsection (a)
(as so designated), in the second proviso of the first sentence, by inserting
<quote>
(other than a high volume retail breeder)
</quote>
after
<quote>
any
retail pet store or other person
</quote>
; and
</text>
</paragraph>
<paragraph id="H4FA67255307C4DBA9C0EDB61107284E6">
<enum>
(3)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HAEFE9916E951417080BCE43400AACB7D" style="OLC">
<subsection id="H5BDD429B8B61400BB7C78F14BEC02FBE">
<enum>
(b)
</enum>
<header>
Dealers
</header>
<text>
A
dealer (including a high volume retail breeder) applying for a license under
subsection (a) (including annual renewals) shall include on the license
application the total number of dogs exempted from exercise on the premises of
the dealer in the preceding year by a licensed veterinarian under section
13(j)(2).
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H29D945BF719946EC9868A55420F4416D">
<enum>
(c)
</enum>
<header>
Exercise
requirements
</header>
<text>
Section 13 of the Animal Welfare Act (
<external-xref legal-doc="usc" parsable-cite="usc/7/2143">
7 U.S.C. 2143
</external-xref>
)
is amended—
</text>
<paragraph id="HF1443ABC993743BD9A351D40757B1852">
<enum>
(1)
</enum>
<text>
by redesignating
subsections (g) and (h) as subsections (h) and (i), respectively;
</text>
</paragraph>
<paragraph id="H8FCB74481E50452491EDD5DAC5F7F6B5">
<enum>
(2)
</enum>
<text>
by redesignating
the second subsection (f) (as redesignated by section 1752(a)(1) of Public Law
99–198 (99 Stat. 1645)) as subsection (g); and
</text>
</paragraph>
<paragraph id="HE2659C5F85A5458BA9D831AD73851CA5">
<enum>
(3)
</enum>
<text>
by adding at the
end the following:
</text>
<quoted-block display-inline="no-display-inline" id="H782A1E92F15D48559B2656B73AAF7282" style="OLC">
<subsection id="H27473FE90AC3463BA2F7556972EE6F8F">
<enum>
(j)
</enum>
<header>
Exercise
requirements
</header>
<paragraph id="H718D8C9412EB4DC5A7BB1A3A63093EFB">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Not later than 1 year after the date of enactment of this
subsection, the Secretary shall promulgate standards covering dealers that
include requirements for the exercise of dogs at facilities owned or operated
by a dealer, including exercise regulations that ensure that—
</text>
<subparagraph id="H7B8B0CC3B5C649499C5226F663B067AF">
<enum>
(A)
</enum>
<text>
each dog that is
at least 12 weeks old (other than a female dog with unweaned puppies) has daily
access to exercise that—
</text>
<clause id="HB57FE5BDFF0045EC9BA60E125256E608">
<enum>
(i)
</enum>
<text>
allows the
dog—
</text>
<subclause id="H8DDF125052F048608CEE46534CF1F82A">
<enum>
(I)
</enum>
<text>
to move
sufficiently to develop or maintain normal muscle tone and mass as appropriate
for the age, breed, sex, and reproductive status of the dog; and
</text>
</subclause>
<subclause id="H007AA477C93043368077B538E1C307DE">
<enum>
(II)
</enum>
<text>
the ability to
achieve a running stride; and
</text>
</subclause>
</clause>
<clause id="H08551FB972804B6C9C320C6E266E1446">
<enum>
(ii)
</enum>
<text>
is not a forced
activity (other than a forced activity used for veterinary treatment) or other
physical activity that is repetitive, restrictive of other activities,
solitary, and goal-oriented;
</text>
</clause>
</subparagraph>
<subparagraph id="HC662BAFF41364C74929F32C66E489799">
<enum>
(B)
</enum>
<text>
the provided area
for exercise—
</text>
<clause id="H1BEE631AAEBF4B2FAED8709D96F0829C">
<enum>
(i)
</enum>
<text>
is
separate from the primary enclosure if the primary enclosure does not provide
sufficient space to achieve a running stride;
</text>
</clause>
<clause id="H766A3928ABD7467B9A334CC6CF754B2E">
<enum>
(ii)
</enum>
<text>
has flooring
that—
</text>
<subclause id="H98DC42BCC9334193AD23EE31717F6C7B">
<enum>
(I)
</enum>
<text>
is sufficient to
allow for the type of activity described in subparagraph (A); and
</text>
</subclause>
<subclause id="H7E57B16D510644B4B9AE9859CCE497E4">
<enum>
(II)
</enum>
<item commented="no" display-inline="yes-display-inline" id="HADC820CB8B864F53820BDD77C2C151BD">
<enum>
(aa)
</enum>
<text>
is solid flooring;
or
</text>
</item>
<item id="HCD7A15BF59F94C16B25478709896CD5F">
<enum>
(bb)
</enum>
<text>
is
nonsolid, nonwire flooring, if the nonsolid, nonwire flooring—
</text>
<subitem id="HBD40C54D6B0F408EA3918BB99403CAD5">
<enum>
(AA)
</enum>
<text>
is safe for the
breed, size, and age of the dog;
</text>
</subitem>
<subitem id="HC7EB848B8D5643D18505E5A552D3124B">
<enum>
(BB)
</enum>
<text>
is free from
protruding sharp edges; and
</text>
</subitem>
<subitem id="HF34F055D776B4267B3F0BE3771D6A2D5">
<enum>
(CC)
</enum>
<text>
is designed so
that the paw of the dog is unable to extend through or become caught in the
flooring;
</text>
</subitem>
</item>
</subclause>
</clause>
<clause id="HD65C29F7D24A42C5B14BA6713571C4A9">
<enum>
(iii)
</enum>
<text>
is cleaned at
least once each day;
</text>
</clause>
<clause id="H3FA7EEA4D570455096A23F6AB86A6F25">
<enum>
(iv)
</enum>
<text>
is free of
infestation by pests or vermin; and
</text>
</clause>
<clause id="HEB18FC2392FA4C4BA593FE8067EBA1B5">
<enum>
(v)
</enum>
<text>
is
designed in a manner to prevent escape of the dogs.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H782165489BBC46A6AAB7CDB8FCAB8E0F">
<enum>
(2)
</enum>
<header>
Exemption
</header>
<subparagraph id="H40AB4446E93F4A7EB9A7EA702C8B56DF">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
If a licensed veterinarian determines that a dog should
not exercise because of the health, condition, or well-being of the dog, this
subsection shall not apply to that dog.
</text>
</subparagraph>
<subparagraph id="H22E261A0200240E8A832EDF1FB15185F">
<enum>
(B)
</enum>
<header>
Documentation
</header>
<text>
A
determination described in subparagraph (A) shall be—
</text>
<clause id="HE70AFB97663E4AEAB41D7EF841875871">
<enum>
(i)
</enum>
<text>
documented by the
veterinarian;
</text>
</clause>
<clause id="H0A5EA7B184534B498A827EFCEC01DAD8">
<enum>
(ii)
</enum>
<text>
subject to review
and approval by the Secretary; and
</text>
</clause>
<clause id="HB9685B185A0B49F9B33B2B2F5778D58F">
<enum>
(iii)
</enum>
<text>
unless the basis
for the determination is a permanent condition, reviewed and updated at least
once every 30 days by the veterinarian.
</text>
</clause>
</subparagraph>
<subparagraph id="H72E81F59A79B4C5682C356E53053EE32">
<enum>
(C)
</enum>
<header>
Reports
</header>
<text>
A
determination described in subparagraph (A) shall be maintained by the
dealer.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
</section>
<section id="H9BADED4C4BDB4D85B0A48D6AA632B948">
<enum>
3.
</enum>
<header>
Regulations
</header>
<text display-inline="no-display-inline">
Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture shall promulgate any
regulations that the Secretary determines to be necessary to implement this Act
and the amendments made by this Act.
</text>
</section>
<section id="H9A71CDF0B38740D0AAB0AA673218DB4F">
<enum>
4.
</enum>
<header>
Effect on State
law
</header>
<text display-inline="no-display-inline">
Nothing in this Act or the
amendments made by this Act preempt any law (including a regulation) of a
State, or a political subdivision of a State, containing requirements that
provide equivalent or greater protection for animals than the requirements of
this Act or the amendments made by this Act.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 847 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Gerlach (for himself, Mr. Farr , Mr. Young of Florida , and Mrs. Capps ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Animal Welfare Act to provide further protection for puppies.
1. Short title This Act may be cited as the Puppy Uniform Protection and Safety Act . 2. Protection of puppies under the Animal Welfare Act (a) High volume retail breeder defined Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended— (1) in subsection (l), by striking research. and inserting research; ; (2) in subsection (m), by striking members. and inserting members; ; (3) in subsection (n), by striking section 13(b); and and inserting section 13(b); ; (4) in subsection (o), by striking experimentation. and inserting experimentation; and ; and (5) by adding at the end the following: (p) High Volume Retail Breeder (1) Definitions In this subsection: (A) Breeding female dog The term breeding female dog means an intact female dog aged 4 months or older. (B) High volume retail breeder The term high volume retail breeder means a person who, in commerce, for compensation or profit— (i) has an ownership interest in or custody of 1 or more breeding female dogs; and (ii) sells or offers for sale, via any means of conveyance (including the Internet, telephone, or newspaper), more than 50 of the offspring of such breeding female dogs for use as pets in any 1-year period. (2) Relationship to dealers (A) In general For purposes of this Act, a high volume retail breeder shall be considered to be a dealer and subject to all provisions of this Act applicable to a dealer. (B) Exception The retail pet store exemption in subsection (f)(i) shall not apply to a high volume retail breeder. . (b) Licenses Section 3 of the Animal Welfare Act ( 7 U.S.C. 2133 ) is amended— (1) by striking The Secretary and inserting (a) In general .—The Secretary ; (2) in subsection (a) (as so designated), in the second proviso of the first sentence, by inserting (other than a high volume retail breeder) after any retail pet store or other person ; and (3) by adding at the end the following: (b) Dealers A dealer (including a high volume retail breeder) applying for a license under subsection (a) (including annual renewals) shall include on the license application the total number of dogs exempted from exercise on the premises of the dealer in the preceding year by a licensed veterinarian under section 13(j)(2). . (c) Exercise requirements Section 13 of the Animal Welfare Act ( 7 U.S.C. 2143 ) is amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; (2) by redesignating the second subsection (f) (as redesignated by section 1752(a)(1) of Public Law 99–198 (99 Stat. 1645)) as subsection (g); and (3) by adding at the end the following: (j) Exercise requirements (1) In general Not later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate standards covering dealers that include requirements for the exercise of dogs at facilities owned or operated by a dealer, including exercise regulations that ensure that— (A) each dog that is at least 12 weeks old (other than a female dog with unweaned puppies) has daily access to exercise that— (i) allows the dog— (I) to move sufficiently to develop or maintain normal muscle tone and mass as appropriate for the age, breed, sex, and reproductive status of the dog; and (II) the ability to achieve a running stride; and (ii) is not a forced activity (other than a forced activity used for veterinary treatment) or other physical activity that is repetitive, restrictive of other activities, solitary, and goal-oriented; (B) the provided area for exercise— (i) is separate from the primary enclosure if the primary enclosure does not provide sufficient space to achieve a running stride; (ii) has flooring that— (I) is sufficient to allow for the type of activity described in subparagraph (A); and (II) (aa) is solid flooring; or (bb) is nonsolid, nonwire flooring, if the nonsolid, nonwire flooring— (AA) is safe for the breed, size, and age of the dog; (BB) is free from protruding sharp edges; and (CC) is designed so that the paw of the dog is unable to extend through or become caught in the flooring; (iii) is cleaned at least once each day; (iv) is free of infestation by pests or vermin; and (v) is designed in a manner to prevent escape of the dogs. (2) Exemption (A) In general If a licensed veterinarian determines that a dog should not exercise because of the health, condition, or well-being of the dog, this subsection shall not apply to that dog. (B) Documentation A determination described in subparagraph (A) shall be— (i) documented by the veterinarian; (ii) subject to review and approval by the Secretary; and (iii) unless the basis for the determination is a permanent condition, reviewed and updated at least once every 30 days by the veterinarian. (C) Reports A determination described in subparagraph (A) shall be maintained by the dealer. . 3. Regulations Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall promulgate any regulations that the Secretary determines to be necessary to implement this Act and the amendments made by this Act. 4. Effect on State law Nothing in this Act or the amendments made by this Act preempt any law (including a regulation) of a State, or a political subdivision of a State, containing requirements that provide equivalent or greater protection for animals than the requirements of this Act or the amendments made by this Act. |
113-hr-848-ih-dtd | 113-hr-848 | 113 | hr | 848 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr848ih.xml | BILLS-113hr848ih.xml | 2023-01-08 17:37:38.432 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H97B057D1310742BD83A6E6A9518EDF62" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 848 IH: Armed Prohibited Persons Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
</dc:date>
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text/xml
</dc:format>
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EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 848
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="T000460">
Mr. Thompson of
California
</sponsor>
(for himself and
<cosponsor name-id="S001175">
Ms.
Speier
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name committee-id="HJU00">
Committee on the
Judiciary
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To direct the Attorney General to make grants to States
to develop systems to retrieve firearms from armed prohibited
persons.
</official-title>
</form>
<legis-body id="H77EAF59D677B43F1B0FC2B1C6A9A5D78" style="OLC">
<section commented="no" id="HF11AD43F600C4B879F34413B5CA33B2A" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Armed Prohibited Persons Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="H6DDDC4598AA247D3BCB62814334F3CF4">
<enum>
2.
</enum>
<header>
Grants
authorized
</header>
<text display-inline="no-display-inline">
The Attorney
General may make grants to States to develop and operate systems to retrieve
firearms from armed prohibited persons.
</text>
</section>
<section id="HE709EAF0F9B14C83B6F6C99BFAAE2D0E">
<enum>
3.
</enum>
<header>
Applications
</header>
<text display-inline="no-display-inline">
A State seeking a grant under this Act shall
submit an application to the Attorney General at such time and containing such
information as the Attorney General may reasonably require, including
assurances that—
</text>
<paragraph id="H6096F65EC14C4907A268CD533DA7FBD0">
<enum>
(1)
</enum>
<text>
any system that
the State operates will provide an armed prohibited person with a reasonable
opportunity to lawfully dispose of such person’s firearm before the State takes
any action to retrieve such a firearm;
</text>
</paragraph>
<paragraph id="HA273D5F1207E4E6491F67CD04DEB3EA7">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
the State will contribute pertinent
information to the national instant criminal background check system
established under section 103(b) of the Brady Handgun Violence Prevention Act
(
<external-xref legal-doc="usc" parsable-cite="usc/18/922">
18 U.S.C. 922
</external-xref>
note); and
</text>
</paragraph>
<paragraph id="H30CC7CEDBF6D421AAC315100C6D1F97D">
<enum>
(3)
</enum>
<text>
the State has a
plan for the continued operation and maintenance of the system or proposed
system to retrieve firearms from armed prohibited persons.
</text>
</paragraph>
</section>
<section id="H2430ED4C71314177BA391297F80A7862">
<enum>
4.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act:
</text>
<paragraph id="H5F3A42C26C1949BC9C8637018AED7334">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
The term
<term>
armed prohibited
person
</term>
means a person—
</text>
<subparagraph id="HED34483231F04C6BB201AC3B647776DB">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
who possesses a firearm;
</text>
</subparagraph>
<subparagraph id="H7F915492A14347F6AD50FF5F8CC1B7B1">
<enum>
(B)
</enum>
<text>
who lawfully
purchased such firearm in accordance with all applicable Federal and State law;
and
</text>
</subparagraph>
<subparagraph id="HBF19C53E7C7643819A04AC62DA125E8D">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
whose possession of such firearm, because
of an act or ommission committed by such person, became unlawful under
applicable Federal and State law (including
<external-xref legal-doc="usc" parsable-cite="usc/18/922">
section 922(g)
</external-xref>
of title 18, United
States Code).
</text>
</subparagraph>
</paragraph>
<paragraph id="HA63AFE2DF39B4DCF87AF106C8EC24898">
<enum>
(2)
</enum>
<text>
The term
<term>
firearm
</term>
has the meaning given the term in section 921(a)(3) of
title 18, United States Code.
</text>
</paragraph>
<paragraph commented="no" id="H8C19D60965714DC2B4C0150CE64B9A51">
<enum>
(3)
</enum>
<text>
The term
<term>
State
</term>
means each of the several States, the District of Columbia,
and each commonwealth, territory, or possession of the United States.
</text>
</paragraph>
</section>
<section commented="no" id="H52F614EDC5C94B70B02DC3B63AC31878">
<enum>
5.
</enum>
<header>
Authorization of
appropriations
</header>
<text display-inline="no-display-inline">
There is
authorized to be appropriated such sums as may be necessary to carry out this
Act for fiscal years 2014 through 2018.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 848 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Thompson of California (for himself and Ms. Speier ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the Attorney General to make grants to States to develop systems to retrieve firearms from armed prohibited persons.
1. Short title This Act may be cited as the Armed Prohibited Persons Act of 2013 . 2. Grants authorized The Attorney General may make grants to States to develop and operate systems to retrieve firearms from armed prohibited persons. 3. Applications A State seeking a grant under this Act shall submit an application to the Attorney General at such time and containing such information as the Attorney General may reasonably require, including assurances that— (1) any system that the State operates will provide an armed prohibited person with a reasonable opportunity to lawfully dispose of such person’s firearm before the State takes any action to retrieve such a firearm; (2) the State will contribute pertinent information to the national instant criminal background check system established under section 103(b) of the Brady Handgun Violence Prevention Act ( 18 U.S.C. 922 note); and (3) the State has a plan for the continued operation and maintenance of the system or proposed system to retrieve firearms from armed prohibited persons. 4. Definitions In this Act: (1) The term armed prohibited person means a person— (A) who possesses a firearm; (B) who lawfully purchased such firearm in accordance with all applicable Federal and State law; and (C) whose possession of such firearm, because of an act or ommission committed by such person, became unlawful under applicable Federal and State law (including section 922(g) of title 18, United States Code). (2) The term firearm has the meaning given the term in section 921(a)(3) of title 18, United States Code. (3) The term State means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States. 5. Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal years 2014 through 2018. |
113-hr-849-ih-dtd | 113-hr-849 | 113 | hr | 849 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr849ih.xml | BILLS-113hr849ih.xml | 2023-01-08 17:37:37.987 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HDA0129088D6041E595F9C692137287D4" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 849 IH: Sequestration Relief Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 849
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="S000510">
Mr. Smith of
Washington
</sponsor>
(for himself,
<cosponsor name-id="B001227">
Mr. Brady of
Pennsylvania
</cosponsor>
, and
<cosponsor name-id="G000572">
Mr.
Gallego
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name committee-id="HBU00">
Committee on the Budget
</committee-name>
,
and in addition to the Committee on
<committee-name committee-id="HWM00">
Ways
and Means
</committee-name>
, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Balanced Budget and Emergency Deficit
Control Act of 1985 to eliminate the section 251A sequestrations and to reduce
the security and nonsecurity discretionary spending limits by $320 billion from
fiscal year 2014 through fiscal year 2021, and to suspend the statutory limit
on the public debt until February 1, 2017.
</official-title>
</form>
<legis-body id="HAE95C8CDDF194379B7076C1B0A808962" style="OLC">
<section id="HCF7897F6FB744ACC8F57C4FF5EF19E31" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Sequestration Relief Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section commented="no" id="H8D3B8E2D1B164112B61408814CF45BE1">
<enum>
2.
</enum>
<header>
Findings and
purpose
</header>
<subsection commented="no" id="H0B941F36AE3C441E84F17886612A98E6">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text>
Congress
finds the following:
</text>
<paragraph id="H4F9F41A8C5D84272A5294A61E257887B">
<enum>
(1)
</enum>
<text>
Congress must
enact a comprehensive, deficit reduction plan to solve the country’s fiscal
challenges and to promote national security, economic stability, and the
continued growth and prosperity of the United States.
</text>
</paragraph>
<paragraph id="H0A24F9EA718C4E35A00A88708777F6DF">
<enum>
(2)
</enum>
<text>
The keys to a
comprehensive, deficit reduction solution are increased revenues and changes in
mandatory spending.
</text>
</paragraph>
<paragraph id="H97E263E959F74A839FA345D286B93960">
<enum>
(3)
</enum>
<text>
The Budget Control
Act of 2011 was enacted to avert a default on Federal debt obligations, and it
reduced discretionary spending by approximately $1 trillion through fiscal year
2021.
</text>
</paragraph>
<paragraph id="H6C09E6698A524E9B8E36CE9A1D783247">
<enum>
(4)
</enum>
<text>
Because the Joint
Select Committee on Deficit Reduction failed to recommend legislation providing
an additional $1.2 trillion in deficit reduction, Federal law mandates that the
additional savings be sequestered.
</text>
</paragraph>
<paragraph id="H06B39EFCBC8F4A25836BB6AD410152C3">
<enum>
(5)
</enum>
<text>
Sequestration was
designed as a forcing mechanism for an agreement on a comprehensive, deficit
reduction plan. It has failed to produce the intended results.
</text>
</paragraph>
<paragraph id="H1621DE89D8D14DFC8A3F5080CD984502">
<enum>
(6)
</enum>
<text>
It no longer makes
sense to rely on sequestration as a forcing mechanism for a balanced solution.
The costs to our government and to the economy are too great.
</text>
</paragraph>
<paragraph id="H1805E617B04D4980BC7F2F998AD67B87">
<enum>
(7)
</enum>
<text>
Under
sequestration, automatic, indiscriminate cuts would be applied, through fiscal
year 2021, to a wide variety of discretionary spending programs to achieve $1.2
trillion in savings, forestalling the sound planning needed for prudent and
meaningful investments in national security, the workforce, transportation
infrastructure, education, health care, public safety, housing, innovation,
small business development, and many other facets of enduring national
strength.
</text>
</paragraph>
<paragraph id="HF3E23C90667E45E4831C7E99DD1F2E98">
<enum>
(8)
</enum>
<text>
Even the prospect
of sequestration is disruptive to regular order and to the congressional
appropriations process, and it fosters damaging economic uncertainty, while
short-term solutions only suspend the prospect and continue to undermine the
certainty needed for economic recovery.
</text>
</paragraph>
<paragraph id="HBAA0C2C42468458DBEB577B252BA358D">
<enum>
(9)
</enum>
<text>
Therefore,
Congress must eliminate the threat of sequestration.
</text>
</paragraph>
<paragraph id="H6668DB26A9164FEBAC766B7261C945A8">
<enum>
(10)
</enum>
<text>
Given the
magnitude of the Federal deficit, it is likely that additional cuts to
discretionary spending will be necessary for a comprehensive deficit reduction
solution.
</text>
</paragraph>
<paragraph id="H5736036F5A5A4F099BAB8D45171858CE">
<enum>
(11)
</enum>
<text>
Congress must
establish a manageable, long-term discretionary spending plan. An additional
$320 billion in targetable cuts to discretionary appropriations from fiscal
year 2014 through fiscal year 2021 represents one-third of the net amount that
would have been indiscriminately cut by sequestration over fiscal years 2013
through 2021.
</text>
</paragraph>
<paragraph id="H0F31F104B131414BABE11A51DB01B0DE">
<enum>
(12)
</enum>
<text>
It is recognized
that a reduction of $167 billion to discretionary appropriations within budget
function 050 from fiscal year 2014 through fiscal year 2021 will affect the
National Military Strategy. The Department of Defense is highly encouraged to
revisit its current strategic guidance and to work closely with Congress in
building a new National Military Strategy that accounts for available resource
levels.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="HB2741A02852E4388AB1DE00955A0278D">
<enum>
(b)
</enum>
<header>
Purposes
</header>
<text display-inline="yes-display-inline">
The purposes of this Act are to—
</text>
<paragraph commented="no" id="HF00E86088C7A47F192FCCC628E48D377">
<enum>
(1)
</enum>
<text>
eliminate the
threat of sequestration to the American economy;
</text>
</paragraph>
<paragraph commented="no" id="HC5E0090346334467940A7539C4547905">
<enum>
(2)
</enum>
<text>
offer the Federal
Government, industry, and the American people the predictability that economic
recovery demands;
</text>
</paragraph>
<paragraph commented="no" id="HE006C657BB6D4A04958E68D94F41A7F1">
<enum>
(3)
</enum>
<text>
enable the
Congress to pass appropriations legislation in regular order with a clear
discretionary spending budget and grant the legislative and executive branches
of government the flexibility needed to identify and implement specific
discretionary spending reductions in a responsible and deliberate manner;
and
</text>
</paragraph>
<paragraph commented="no" id="HC4A9750DE0E04BE4A0F184136F6F6D1D">
<enum>
(4)
</enum>
<text>
provide a
practicable, long-term discretionary spending plan that will contribute to a
comprehensive, balanced, long-term, deficit reduction solution that includes
affordable revisions to mandatory spending and new revenues.
</text>
</paragraph>
</subsection>
</section>
<section id="H8818218485F84F439DF58083CBAE3918" section-type="subsequent-section">
<enum>
3.
</enum>
<header>
Repeal of section 251A
sequestrations
</header>
<text display-inline="no-display-inline">
Section 251A of
the Balanced Budget and Emergency Deficit Control Act of 1985 is
repealed.
</text>
</section>
<section id="H8C60FF56BAAE46DB8D6FC0CFF283E5C4">
<enum>
4.
</enum>
<header>
$320 billion
reduction in discretionary spending limits
</header>
<text display-inline="no-display-inline">
The discretionary spending limits set forth
in paragraphs (3) through (10) of section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H2133781099D64E26A887D352B3641918" style="OLC">
<paragraph id="H70BA96D0CE4F4A26AEAF994A830DCCA2">
<enum>
(3)
</enum>
<text>
for fiscal year
2014—
</text>
<subparagraph id="HC0CDCA65F7034E7095D907D40555A6B1">
<enum>
(A)
</enum>
<text>
for the security
category, $546,000,000,000 in budget authority; and
</text>
</subparagraph>
<subparagraph id="H1EF73892A0DC4899A741945721AAE07C">
<enum>
(B)
</enum>
<text>
for the
nonsecurity category, $501,000,000,000 in budget authority;
</text>
</subparagraph>
</paragraph>
<paragraph id="H265B518D9EFA469EBF553FB96383F7B7">
<enum>
(4)
</enum>
<text>
with respect to
fiscal year 2015—
</text>
<subparagraph id="H09A65B458EA54AD2B357DDC334816EA1">
<enum>
(A)
</enum>
<text>
for the security
category, $550,000,000,000 in new budget authority; and
</text>
</subparagraph>
<subparagraph id="H4D671596F1C94638B0247391B4A47BD6">
<enum>
(B)
</enum>
<text>
for the
nonsecurity category, $505,000,000,000 in new budget authority;
</text>
</subparagraph>
</paragraph>
<paragraph id="H5A0745DB977C46098978F07AB02272B2">
<enum>
(5)
</enum>
<text>
with respect to
fiscal year 2016—
</text>
<subparagraph id="H82FC0A23C07142B1969CA6EC4056A40F">
<enum>
(A)
</enum>
<text>
for the security
category, $559,000,000,000 in new budget authority; and
</text>
</subparagraph>
<subparagraph id="H4C726C22A5F34054885C61E22D82DFDA">
<enum>
(B)
</enum>
<text>
for the
nonsecurity category, $513,000,000,000 in new budget authority;
</text>
</subparagraph>
</paragraph>
<paragraph id="H52B655038BEC43C3A9BB4B89E6428E3A">
<enum>
(6)
</enum>
<text>
with respect to
fiscal year 2017—
</text>
<subparagraph id="H6F02FA6F91C748AB9869CD6B8292AB23">
<enum>
(A)
</enum>
<text>
for the security
category, $569,000,000,000 in new budget authority; and
</text>
</subparagraph>
<subparagraph id="H9510AF33B4A7426B94DD682F145DD014">
<enum>
(B)
</enum>
<text>
for the
nonsecurity category, $522,000,000,000 in new budget authority;
</text>
</subparagraph>
</paragraph>
<paragraph id="H1AF9A7F492294482BFB3BF9649AE40E2">
<enum>
(7)
</enum>
<text>
with respect to
fiscal year 2018—
</text>
<subparagraph id="HF5DC467AA5CC446CAF015E3B28DECE83">
<enum>
(A)
</enum>
<text>
for the security
category, $579,000,000,000 in new budget authority; and
</text>
</subparagraph>
<subparagraph id="H5FCA1F760349475FA4599280B3E15FC3">
<enum>
(B)
</enum>
<text>
for the
nonsecurity category, $531,000,000,000 in new budget authority;
</text>
</subparagraph>
</paragraph>
<paragraph id="H8437074AE352476BAA701A8414BCA9D8">
<enum>
(8)
</enum>
<text>
with respect to
fiscal year 2019—
</text>
<subparagraph id="H3FB0B64EEDD942DDA7020CBF2E157C97">
<enum>
(A)
</enum>
<text>
for the security
category, $589,500,000,000 in new budget authority; and
</text>
</subparagraph>
<subparagraph id="H1365506623BA4ECC9F9D4C9153CCB092">
<enum>
(B)
</enum>
<text>
for the
nonsecurity category, $541,000,000,000 in new budget authority;
</text>
</subparagraph>
</paragraph>
<paragraph id="H1B12A09143234DE6A1B8FF4B1D2750F0">
<enum>
(9)
</enum>
<text>
with respect to
fiscal year 2020—
</text>
<subparagraph id="H0E1CD10304BF41DABCC904CAC0D99DDA">
<enum>
(A)
</enum>
<text>
for the security
category, $602,500,000,000 in new budget authority; and
</text>
</subparagraph>
<subparagraph id="H76399714805B44B3BF51246AC6DA748D">
<enum>
(B)
</enum>
<text>
for the
nonsecurity category, $553,000,000,000 in new budget authority;
</text>
</subparagraph>
</paragraph>
<paragraph id="HD52EA93BDDDC4FAE9CFAD8E2530900D3">
<enum>
(10)
</enum>
<text>
with respect to
fiscal year 2021—
</text>
<subparagraph id="H8560DFBA94734636B659F9782B68719B">
<enum>
(A)
</enum>
<text>
for the security
category, $616,000,000,000 in new budget authority; and
</text>
</subparagraph>
<subparagraph id="HF6C0F3D46E4B43A6A3DB35146E5AD574">
<enum>
(B)
</enum>
<text>
for the
nonsecurity category, $565,000,000,000 in new budget
authority;
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="HBCA914ADAF0B479CA2A71C12760A2895">
<enum>
5.
</enum>
<header>
Definition of
security category
</header>
<text display-inline="no-display-inline">
Section
250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985
is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="H8A04D533774A4EE188B1CB753E002887" style="OLC">
<subparagraph id="H3A8C96178E0C40B2906765592B551A47" indent="up1">
<enum>
(B)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H263F2798690648D8B2F440CA0CE85E93">
<enum>
(i)
</enum>
<text>
For fiscal years 2012
and 2013, the term
<quote>
security category
</quote>
means discretionary
appropriations associated with agency budgets for the Department of Defense,
the Department of Homeland Security, the Department of Veterans Affairs, the
National Nuclear Security Administration, the intelligence community management
account (95–0401–0–1–054), and all budget accounts in budget function 150
(international affairs).
</text>
</clause>
<clause id="H98AA23C97A274680BAE67B3915D58362" indent="up1">
<enum>
(ii)
</enum>
<text>
For fiscal years 2014 through 2021,
the term
<quote>
security category
</quote>
means discretionary appropriations in
budget function 050 (national
defense).
</text>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H33984C255E9544449E37C54E323A3C07">
<enum>
6.
</enum>
<header>
Suspension of
statutory limit on the public debt until February 1, 2017
</header>
<text display-inline="no-display-inline">
Section 2 of the No Budget, No Pay Act of
2013 is amended—
</text>
<paragraph id="H874A7BD3AC374217989DB37524542F9D">
<enum>
(1)
</enum>
<text>
in subsection (a),
by striking
<quote>
May 18, 2013
</quote>
and inserting
<quote>
January 31,
2017
</quote>
; and
</text>
</paragraph>
<paragraph id="H3F4AE2CE23D3432D94C8B708D01D0AB0">
<enum>
(2)
</enum>
<text>
in subsection (b),
by striking
<quote>
May 19, 2013
</quote>
each place it appears and inserting
<quote>
February 1, 2017
</quote>
.
</text>
</paragraph>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 849 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Smith of Washington (for himself, Mr. Brady of Pennsylvania , and Mr. Gallego ) introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to eliminate the section 251A sequestrations and to reduce the security and nonsecurity discretionary spending limits by $320 billion from fiscal year 2014 through fiscal year 2021, and to suspend the statutory limit on the public debt until February 1, 2017.
1. Short title This Act may be cited as the Sequestration Relief Act of 2013 . 2. Findings and purpose (a) Findings Congress finds the following: (1) Congress must enact a comprehensive, deficit reduction plan to solve the country’s fiscal challenges and to promote national security, economic stability, and the continued growth and prosperity of the United States. (2) The keys to a comprehensive, deficit reduction solution are increased revenues and changes in mandatory spending. (3) The Budget Control Act of 2011 was enacted to avert a default on Federal debt obligations, and it reduced discretionary spending by approximately $1 trillion through fiscal year 2021. (4) Because the Joint Select Committee on Deficit Reduction failed to recommend legislation providing an additional $1.2 trillion in deficit reduction, Federal law mandates that the additional savings be sequestered. (5) Sequestration was designed as a forcing mechanism for an agreement on a comprehensive, deficit reduction plan. It has failed to produce the intended results. (6) It no longer makes sense to rely on sequestration as a forcing mechanism for a balanced solution. The costs to our government and to the economy are too great. (7) Under sequestration, automatic, indiscriminate cuts would be applied, through fiscal year 2021, to a wide variety of discretionary spending programs to achieve $1.2 trillion in savings, forestalling the sound planning needed for prudent and meaningful investments in national security, the workforce, transportation infrastructure, education, health care, public safety, housing, innovation, small business development, and many other facets of enduring national strength. (8) Even the prospect of sequestration is disruptive to regular order and to the congressional appropriations process, and it fosters damaging economic uncertainty, while short-term solutions only suspend the prospect and continue to undermine the certainty needed for economic recovery. (9) Therefore, Congress must eliminate the threat of sequestration. (10) Given the magnitude of the Federal deficit, it is likely that additional cuts to discretionary spending will be necessary for a comprehensive deficit reduction solution. (11) Congress must establish a manageable, long-term discretionary spending plan. An additional $320 billion in targetable cuts to discretionary appropriations from fiscal year 2014 through fiscal year 2021 represents one-third of the net amount that would have been indiscriminately cut by sequestration over fiscal years 2013 through 2021. (12) It is recognized that a reduction of $167 billion to discretionary appropriations within budget function 050 from fiscal year 2014 through fiscal year 2021 will affect the National Military Strategy. The Department of Defense is highly encouraged to revisit its current strategic guidance and to work closely with Congress in building a new National Military Strategy that accounts for available resource levels. (b) Purposes The purposes of this Act are to— (1) eliminate the threat of sequestration to the American economy; (2) offer the Federal Government, industry, and the American people the predictability that economic recovery demands; (3) enable the Congress to pass appropriations legislation in regular order with a clear discretionary spending budget and grant the legislative and executive branches of government the flexibility needed to identify and implement specific discretionary spending reductions in a responsible and deliberate manner; and (4) provide a practicable, long-term discretionary spending plan that will contribute to a comprehensive, balanced, long-term, deficit reduction solution that includes affordable revisions to mandatory spending and new revenues. 3. Repeal of section 251A sequestrations Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. 4. $320 billion reduction in discretionary spending limits The discretionary spending limits set forth in paragraphs (3) through (10) of section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended to read as follows: (3) for fiscal year 2014— (A) for the security category, $546,000,000,000 in budget authority; and (B) for the nonsecurity category, $501,000,000,000 in budget authority; (4) with respect to fiscal year 2015— (A) for the security category, $550,000,000,000 in new budget authority; and (B) for the nonsecurity category, $505,000,000,000 in new budget authority; (5) with respect to fiscal year 2016— (A) for the security category, $559,000,000,000 in new budget authority; and (B) for the nonsecurity category, $513,000,000,000 in new budget authority; (6) with respect to fiscal year 2017— (A) for the security category, $569,000,000,000 in new budget authority; and (B) for the nonsecurity category, $522,000,000,000 in new budget authority; (7) with respect to fiscal year 2018— (A) for the security category, $579,000,000,000 in new budget authority; and (B) for the nonsecurity category, $531,000,000,000 in new budget authority; (8) with respect to fiscal year 2019— (A) for the security category, $589,500,000,000 in new budget authority; and (B) for the nonsecurity category, $541,000,000,000 in new budget authority; (9) with respect to fiscal year 2020— (A) for the security category, $602,500,000,000 in new budget authority; and (B) for the nonsecurity category, $553,000,000,000 in new budget authority; (10) with respect to fiscal year 2021— (A) for the security category, $616,000,000,000 in new budget authority; and (B) for the nonsecurity category, $565,000,000,000 in new budget authority; . 5. Definition of security category Section 250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: (B) (i) For fiscal years 2012 and 2013, the term security category means discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95–0401–0–1–054), and all budget accounts in budget function 150 (international affairs). (ii) For fiscal years 2014 through 2021, the term security category means discretionary appropriations in budget function 050 (national defense). . 6. Suspension of statutory limit on the public debt until February 1, 2017 Section 2 of the No Budget, No Pay Act of 2013 is amended— (1) in subsection (a), by striking May 18, 2013 and inserting January 31, 2017 ; and (2) in subsection (b), by striking May 19, 2013 each place it appears and inserting February 1, 2017 . |
113-hr-850-eh-dtd | 113-hr-850 | 113 | hr | 850 | eh | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr850eh.xml | BILLS-113hr850eh.xml | 2023-01-07 09:23:02.006 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Engrossed-in-House" bill-type="olc" dms-id="HE36B02A1E2594CF9BC6BE255F9ECCD90" public-private="public" stage-count="1">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 850 EH: Nuclear Iran Prevention Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date/>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="no">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 850
</legis-num>
<current-chamber display="no">
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
To impose additional human rights and economic and financial sanctions with respect to Iran, and for other purposes.
</official-title>
</form>
<legis-body id="H9E3EDAD649D44B1A9155185BC774630A" style="OLC">
<section id="HE2E3F20082164ACE94BCFBB321366E78" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title and table of contents
</header>
<subsection id="H0C2009B2886141379078B6A1A4046B10">
<enum>
(a)
</enum>
<header>
Short title
</header>
<text display-inline="yes-display-inline">
This Act may be cited as the
<quote>
<short-title>
Nuclear Iran Prevention Act of 2013
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="H5D242AD17FB44F7789B721B6BEED5D5B">
<enum>
(b)
</enum>
<header>
Table of contents
</header>
<text display-inline="yes-display-inline">
The table of contents for this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="HE2E3F20082164ACE94BCFBB321366E78" level="section">
Sec. 1. Short title and table of contents.
</toc-entry>
<toc-entry idref="H3419AE82843440F49669C2B7909E3903" level="section">
Sec. 2. Findings and statement of policy.
</toc-entry>
<toc-entry idref="HAC26A82A786F4B6396B8B5DE9661F6AF" level="title">
Title I—Human rights and terrorism sanctions
</toc-entry>
<toc-entry idref="HEDB64DC4CDE34A5CB2FDADF9F223F848" level="section">
Sec. 101. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran.
</toc-entry>
<toc-entry idref="HB268BFD5EBA14230B4020A7104E06C45" level="section">
Sec. 102. Prevention of diversion of certain goods, services and technologies to Iran.
</toc-entry>
<toc-entry idref="H93DCEBF8A1954C19B417D505FC587B5D" level="section">
Sec. 103. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization.
</toc-entry>
<toc-entry idref="HC27D604D99AB4AD09B2E8CE1E713F6CB" level="section">
Sec. 104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran.
</toc-entry>
<toc-entry idref="HC6419E1CBE034F2BB22DAC7A1F6E2BEC" level="section">
Sec. 105. Sense of Congress on elections in Iran.
</toc-entry>
<toc-entry idref="H8AF9816AA6A34A11934DDD0E7167E72F" level="section">
Sec. 106. Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran.
</toc-entry>
<toc-entry idref="HA9E7811F3AED4F9FAA4EFCE9978650A4" level="title">
Title II—Economic and financial sanctions
</toc-entry>
<toc-entry idref="H83E095B8EA294A428515042397CBFEEE" level="subtitle">
Subtitle A—Amendments to Iran Sanctions Act of 1996
</toc-entry>
<toc-entry idref="HBAB2EC46FF6347F38FC3C5E6FB7738B7" level="section">
Sec. 201. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium.
</toc-entry>
<toc-entry idref="H59BE51F4B0E248EBA15BE137391DEBF5" level="section">
Sec. 202. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities.
</toc-entry>
<toc-entry idref="H59FA744E9EEB46E690552DAF37C0B006" level="subtitle">
Subtitle B—Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012
</toc-entry>
<toc-entry idref="H2465FF2B8A7B4493B484C52CAF37AC80" level="section">
Sec. 211. Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran.
</toc-entry>
<toc-entry idref="HB215729A9A7E4591BBC2C401C5F02196" level="section">
Sec. 212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors.
</toc-entry>
<toc-entry idref="H3C97287A16AE431FAB9614FA7A1A44F4" level="section">
Sec. 213. Sense of Congress regarding the European Central Bank.
</toc-entry>
<toc-entry idref="HD92F400D60374843A7B0627351C36442" level="section">
Sec. 214. Imposition of sanctions with respect to certain transactions in foreign currencies.
</toc-entry>
<toc-entry idref="H7DBA63EC0E78471A9824F163FBE7870C" level="section">
Sec. 215. Sanctions with respect to certain transactions with Iran.
</toc-entry>
<toc-entry idref="H474864DBD09643E18DAB77083B992D78" level="subtitle">
Subtitle C—Other matters
</toc-entry>
<toc-entry idref="HC0C36C186FF94B37BFE2EAA1AC99DC6F" level="section">
Sec. 221. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions.
</toc-entry>
<toc-entry idref="HADA54B6800EE4F2EAAF18F166277F76D" level="section">
Sec. 222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran.
</toc-entry>
<toc-entry idref="H18047893FDA74F7D8437302B46511870" level="section">
Sec. 223. Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran.
</toc-entry>
<toc-entry idref="H99F2684FB35D4A40B24DFD42A3C3CF68" level="section">
Sec. 224. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals.
</toc-entry>
<toc-entry idref="H5BE496F385BD44058443D51B108C8DE5" level="section">
Sec. 225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013.
</toc-entry>
<toc-entry idref="HEDCD66FF057A47AFAA498BF59D7A9A80" level="section">
Sec. 226. Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran.
</toc-entry>
<toc-entry idref="H2707740952AA4E7599CD879FBDC48335" level="section">
Sec. 227. Conditions for entry and operation of vessels.
</toc-entry>
<toc-entry idref="H04DC6B9B49A74F68893D027AF0E509A4" level="title">
Title III—Additional authorities to prevent censorship activities in Iran
</toc-entry>
<toc-entry idref="HB5A5E0E0F54543B289D6AF339C20DB7B" level="section">
Sec. 301. Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting.
</toc-entry>
<toc-entry idref="HC89D4A32955C4C86B9A066896A529E1A" level="section">
Sec. 302. List of persons who are high-risk re-exporters of sensitive technologies.
</toc-entry>
<toc-entry idref="H19F95E896AD147178A6878F92BA4D487" level="section">
Sec. 303. Sense of Congress on provision of intercept technologies to Iran.
</toc-entry>
<toc-entry idref="H9659B77426F14F7EA9248B85B4B8F244" level="section">
Sec. 304. Sense of Congress on availability of consumer communication technologies in Iran.
</toc-entry>
<toc-entry idref="H89565D03AA9C44FA9FD619EA05A640F9" level="section">
Sec. 305. Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate.
</toc-entry>
<toc-entry idref="H0748DCDBCD374152815700F61D4CF93C" level="title">
Title IV—Reports and other matters
</toc-entry>
<toc-entry idref="H2538756671364C9AA1979EB690852922" level="section">
Sec. 401. National Strategy on Iran.
</toc-entry>
<toc-entry idref="H15868231E50849ADADDCEF4AB95409E2" level="section">
Sec. 402. Report on Iranian nuclear and economic capabilities.
</toc-entry>
<toc-entry idref="H829B3543B9D047FB9AE59EBB89832C45" level="section">
Sec. 403. Report on plausibility of expanding sanctions on Iranian oil.
</toc-entry>
<toc-entry idref="H79AA45C423AE44EF90B95E1CEF5FA289" level="section">
Sec. 404. GAO report on Iranian strategy to evade current sanctions and other matters.
</toc-entry>
<toc-entry idref="H0158DA1841D44442B42E83A3A881E75E" level="section">
Sec. 405. Authority to consolidate reports required under Iran sanctions laws.
</toc-entry>
<toc-entry idref="HB73CA4660667408DA394BEE8CD296F69" level="section">
Sec. 406. Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012.
</toc-entry>
<toc-entry idref="HE325C6F3ACA94076ACD298354BEDAAC1" level="section">
Sec. 407. Rule of construction.
</toc-entry>
<toc-entry idref="H2EDF5721549B4F68A63BBD6BE9C92ADB" level="section">
Sec. 408. Implementation; penalties.
</toc-entry>
<toc-entry idref="HD6BDE9BBE3D54211863FD60351F62627" level="section">
Sec. 409. Severability.
</toc-entry>
</toc>
</subsection>
</section>
<section id="H3419AE82843440F49669C2B7909E3903">
<enum>
2.
</enum>
<header>
Findings and statement of policy
</header>
<subsection id="HF6F8289B7F414B5CB43A1C89CF28E962">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text display-inline="yes-display-inline">
Congress finds the following:
</text>
<paragraph id="H3E2CBDBB46AE4BCF8784A99573EA9CCF">
<enum>
(1)
</enum>
<text>
Iran’s acquisition of a nuclear weapons capability would—
</text>
<subparagraph id="H2B8163213512469E8CF83F43F1D1D9D1">
<enum>
(A)
</enum>
<text>
embolden its already aggressive foreign policy, including its arming of terrorist organizations and other groups, its efforts to destabilize countries in the Middle East, and its efforts to target the United States, United States allies, and United States interests globally;
</text>
</subparagraph>
<subparagraph id="HAE89D968EC6D4A3D81405A22A1C1BE83">
<enum>
(B)
</enum>
<text>
increase the risk that Iran would share its nuclear technology and expertise with extremist groups and rogue nations;
</text>
</subparagraph>
<subparagraph id="H5BCB03C4A2BF428BB3F8FA7E2DD629FA">
<enum>
(C)
</enum>
<text>
destabilize global energy markets, posing a direct and devastating threat to the American and global economy; and
</text>
</subparagraph>
<subparagraph id="HF2E5B02540AA40868D1BE967BA0B5EC9">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
likely lead other governments in the region to pursue their own nuclear weapons programs, increasing the prospect of nuclear proliferation throughout the region and effectively ending the viability of the global nonproliferation regime, including the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force on March 5, 1970.
</text>
</subparagraph>
</paragraph>
<paragraph id="HFEA4761418104DC09B7C513C347166D0">
<enum>
(2)
</enum>
<text>
A nuclear arms-capable Iran possessing intercontinental ballistic missiles, a development most experts expect could occur within a decade, would pose a direct nuclear threat to the United States.
</text>
</paragraph>
</subsection>
<subsection id="H80181BEC254A4FAB9F5D6DC331F9FF36">
<enum>
(b)
</enum>
<header>
Statement of policy
</header>
<text>
It shall be the policy of the United States to prevent Iran from acquiring a nuclear weapons capability.
</text>
</subsection>
</section>
<title id="HAC26A82A786F4B6396B8B5DE9661F6AF">
<enum>
I
</enum>
<header>
Human rights and terrorism sanctions
</header>
<section id="HEDB64DC4CDE34A5CB2FDADF9F223F848">
<enum>
101.
</enum>
<header>
Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran
</header>
<subsection display-inline="no-display-inline" id="H5F64892CF6F54434A21D6AAE652AAFF2">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8513">
22 U.S.C. 8513(c)(2)
</external-xref>
) is amended—
</text>
<paragraph id="H8DCEA17ECDA14358AAF74694868CBBF8">
<enum>
(1)
</enum>
<text>
in subparagraph (D), by striking
<quote>
or
</quote>
at the end;
</text>
</paragraph>
<paragraph id="H0B3AC49F64A248EAB2730E6FF307A312">
<enum>
(2)
</enum>
<text>
in subparagraph (E), by striking the period at the end and inserting
<quote>
; or
</quote>
; and
</text>
</paragraph>
<paragraph id="HD4F62A2717BA44498D72958CD4A7C40A">
<enum>
(3)
</enum>
<text>
by adding at the end the following new subparagraph:
</text>
<quoted-block display-inline="no-display-inline" id="H4095C5A49C1B4954B90F6C0821D5091E" style="OLC">
<subparagraph id="HF95282245E264DBA81BEBD70AEEBCD61">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
facilitates a significant transaction or transactions or provides significant financial services for—
</text>
<clause id="H1E9E7F3A0B4640AB80AABD886FF7CC75">
<enum>
(i)
</enum>
<text>
a person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or 105C(a); or
</text>
</clause>
<clause id="H8AB882F935AC407DA1E90CC8059CDA29">
<enum>
(ii)
</enum>
<text>
a person that exports sensitive technology to Iran and is subject to the prohibition on procurement contracts as described in section 106.
</text>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection display-inline="no-display-inline" id="H56420FB39BA148CA8482F50292B97BF1">
<enum>
(b)
</enum>
<header>
Effective date
</header>
<text display-inline="yes-display-inline">
The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to any activity described in subparagraph (F) of section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (as added by subsection (a)(3) of this section) initiated on or after the date that is 90 days after such date of enactment.
</text>
</subsection>
<subsection id="H327598D9FE1D4937A2D3755137BDF900">
<enum>
(c)
</enum>
<header>
Regulations
</header>
<text>
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a).
</text>
</subsection>
</section>
<section id="HB268BFD5EBA14230B4020A7104E06C45">
<enum>
102.
</enum>
<header>
Prevention of diversion of certain goods, services and technologies to Iran
</header>
<subsection id="HA4191CCC061046E2A48C7889FD25A816">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
Section 301(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8541">
22 U.S.C. 8541(1)
</external-xref>
) is amended by striking
<quote>
knows or has reason to know
</quote>
and inserting
<quote>
knows, has reason to know, or should have known
</quote>
.
</text>
</subsection>
<subsection id="H6A80AAE6E1DF43159310A4A820D1B133">
<enum>
(b)
</enum>
<header>
Identification of countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran
</header>
<text display-inline="yes-display-inline">
Section 302(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8542">
22 U.S.C. 8542(b)
</external-xref>
) is amended—
</text>
<paragraph id="H3AEC3792619B452C896360CAA3BD231A">
<enum>
(1)
</enum>
<text>
in paragraph (1), by striking
<quote>
or
</quote>
at the end;
</text>
</paragraph>
<paragraph id="H55B81393562647528D7523CDFEBA084E">
<enum>
(2)
</enum>
<text>
in paragraph (2), by striking the period at the end and inserting
<quote>
; or
</quote>
; and
</text>
</paragraph>
<paragraph id="H5D11CF5E94C542CB891855695FCA83B2">
<enum>
(3)
</enum>
<text>
by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H05A3601BF0AE49C7B9FF52578D31AD42" style="OLC">
<paragraph id="HBAF5326C56444BA1877E5A2BD6E60894">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
that are—
</text>
<subparagraph id="H09E3A0D3BAC94B5A86FA71C66DDC1232">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
items described in the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions);
</text>
</subparagraph>
<subparagraph id="HDBB17455E0FA418CAAF0FBEF4AF8ABF4">
<enum>
(B)
</enum>
<text>
items on the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions;
</text>
</subparagraph>
<subparagraph id="H91F6AA3D525946F998152F957CA03B01">
<enum>
(C)
</enum>
<text>
items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group;
</text>
</subparagraph>
<subparagraph id="H7E964FB6E14E4ADD9145A834D06A7400">
<enum>
(D)
</enum>
<text>
items on the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or
</text>
</subparagraph>
<subparagraph id="HB0D76260D02D40EA920745036B5BAC04">
<enum>
(E)
</enum>
<text>
items on the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H8E0257400F4C45FDA053BC25BDAD330D">
<enum>
(c)
</enum>
<header>
Destinations of diversion concern
</header>
<text display-inline="yes-display-inline">
Section 303(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8543">
22 U.S.C. 8543(c)
</external-xref>
) is amended—
</text>
<paragraph display-inline="no-display-inline" id="H3FC7C743AE9E4DF8B6E26A4A6C8A1CD9">
<enum>
(1)
</enum>
<text>
by striking
<quote>
Not later than
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF0C4339FF71C4C39AC199F1E4A3E9879" style="OLC">
<paragraph id="HE67B39EE78644F44842101D01CCB7D67">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Not later than
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H93818E21DB74494EA9CA1B6EB2190100">
<enum>
(2)
</enum>
<text>
by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H592806A87B924A79A50AF21C8EAC3E16" style="OLC">
<paragraph id="HB58463E9F6394ECA9FC20E24E538CF30">
<enum>
(2)
</enum>
<header>
Additional measures
</header>
<subparagraph id="H34BC3BE034964CEB8C6BDF888DBC5294">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
Except as provided in this section, the President may impose restrictions on United States foreign assistance or measures authorized under the International Emergency Economic Powers Act with respect to a country designated as a country of diversion concern if the President determines such restrictions or measures would prevent the transfer of United States-origin goods, services, and technology to Iran.
</text>
</subparagraph>
<subparagraph id="HE691D8FF3AA34B7E8963C001688683DE">
<enum>
(B)
</enum>
<header>
Exception
</header>
<text display-inline="yes-display-inline">
The authority to impose sanctions under subparagraph (A) shall not include the authority to impose sanctions relating to the importation of goods.
</text>
</subparagraph>
<subparagraph id="H19B7B4C6F5214C739CB89A0CEDE7CBE6">
<enum>
(C)
</enum>
<header>
Good defined
</header>
<text display-inline="yes-display-inline">
In this paragraph, the term
<quote>
good
</quote>
has the meaning given that term in section 16 of the Export Administration Act of 1979 (
<external-xref legal-doc="usc-appendix" parsable-cite="usc-appendix/50/2415">
50 U.S.C. App. 2415
</external-xref>
) (as continued in effect pursuant to the International Emergency Economic Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701 et seq.
</external-xref>
)).
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H677C691FD69C4398B7EA0122B765F46E">
<enum>
(d)
</enum>
<header>
Effective date
</header>
<text display-inline="yes-display-inline">
The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to countries identified in any update to the report that is required under section 302(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and submitted to Congress on or after such date of enactment.
</text>
</subsection>
</section>
<section commented="no" id="H93DCEBF8A1954C19B417D505FC587B5D" section-type="subsequent-section">
<enum>
103.
</enum>
<header>
Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization
</header>
<subsection commented="no" id="H3980E4FD42B2481C93195DC425156874">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Subtitle A of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8741">
22 U.S.C. 8741 et seq.
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="HDB7760C18F7E40B58171A7A090F78611">
<enum>
(1)
</enum>
<text>
by redesignating section 304 as section 305; and
</text>
</paragraph>
<paragraph commented="no" id="HB942FA71599F4B32A91E2A72AFA3C90E">
<enum>
(2)
</enum>
<text>
by inserting after section 303 the following new section:
</text>
<quoted-block display-inline="no-display-inline" id="H7F36A69F64BB4FF9B8108D4D06B1363B" style="OLC">
<section commented="no" id="HF4104C59D70E42F9B8872790DDCC5267">
<enum>
304.
</enum>
<header>
Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization
</header>
<subsection commented="no" display-inline="no-display-inline" id="HE18923CEA61A4E21A98164DBBAFB7131">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Not later than 30 days after the date of the enactment of this section, the Secretary of State shall determine if Iran’s Revolutionary Guard Corps meets the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1189">
8 U.S.C. 1189
</external-xref>
).
</text>
</subsection>
<subsection commented="no" id="H865907DF664D439DB3A240AA81B1B1DA">
<enum>
(b)
</enum>
<header>
Affirmative determination
</header>
<text display-inline="yes-display-inline">
If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps meets the criteria set forth under such section 219, the Secretary shall designate Iran’s Revolutionary Guard Corps as a foreign terrorist organization under such section 219.
</text>
</subsection>
<subsection commented="no" id="H186782C150F14857B8BB537CE53BD997">
<enum>
(c)
</enum>
<header>
Negative determination
</header>
<paragraph commented="no" id="H3333A73B7AC34B33B001601B3E0A4A47">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps does not meet the criteria set forth under such section 219, the Secretary shall submit to the committees of Congress specified in subsection (e) a report that contains a detailed justification as to which criteria have not been met.
</text>
</paragraph>
<paragraph commented="no" id="HD9D19C22FDA44DCA95EFF212D6A82ABF">
<enum>
(2)
</enum>
<header>
Form
</header>
<text>
The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary.
</text>
</paragraph>
</subsection>
<subsection id="HFFE9594CB8304E06B5D8F71B7DB72F7A">
<enum>
(d)
</enum>
<header>
Applicability of sanctions to Quds Force
</header>
<text display-inline="yes-display-inline">
The sanctions applied to any entity designated as a foreign terrorist organization as set forth in such section 219 shall be applied to the Iran’s Revolutionary Guard Corps Quds Force.
</text>
</subsection>
<subsection commented="no" id="H5C5262A1F3B54322B19A91EC1BCA24F1">
<enum>
(e)
</enum>
<header>
Committees of Congress specified
</header>
<text>
The committees of Congress specified in this subsection are the following:
</text>
<paragraph commented="no" id="H6128956FF42F42FA8A93FA0F0EA20C6A">
<enum>
(1)
</enum>
<text>
The Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives.
</text>
</paragraph>
<paragraph commented="no" id="H922EF8E1A3534E889CDEBEF71D1C4A8E">
<enum>
(2)
</enum>
<text>
The Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" id="HBCA00E11764A4807AD967EDE8445BB50">
<enum>
(b)
</enum>
<header>
Clerical amendment
</header>
<text display-inline="yes-display-inline">
The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 304 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB1C22436175E40C2848B371477A87A7F" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization.
</toc-entry>
<toc-entry level="section">
Sec. 305. Rule of construction.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HC27D604D99AB4AD09B2E8CE1E713F6CB">
<enum>
104.
</enum>
<header>
Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran
</header>
<subsection id="H97D59D608A3F4C24892CEE19E0D37832">
<enum>
(a)
</enum>
<header>
Finding and sense of Congress
</header>
<text display-inline="yes-display-inline">
Section 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/158">
Public Law 112–158
</external-xref>
; 126 Stat. 1251) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HD5969C456D3342CF8431E8382C4FBBD1" style="OLC">
<subsection id="H9055BB28E33D48C8AF0C17DDEA89EFA8">
<enum>
(a)
</enum>
<header>
Finding and sense of Congress
</header>
<paragraph id="H56C23C0C2FA843BC9687A219ACDD0C56">
<enum>
(1)
</enum>
<header>
Finding
</header>
<text display-inline="yes-display-inline">
Congress finds that Iranian persons holding the following positions in the Government of Iran are ultimately responsible for and have and continue to knowingly order, control, direct and implement gross violations of the human rights of the Iranian people, the human rights of persons in other countries, censorship, and the diversion of food, medicine, medical devices, agricultural commodities and other goods intended for the Iranian people:
</text>
<subparagraph id="H002435DD072F491CB019E460C4323FDF">
<enum>
(A)
</enum>
<text>
The Supreme Leader of Iran.
</text>
</subparagraph>
<subparagraph id="H3013EEE7E49E4F94A094D891E9D0622A">
<enum>
(B)
</enum>
<text>
The President of Iran.
</text>
</subparagraph>
<subparagraph id="H22EAB464CD1A42E29DBF2BD1922BBC31">
<enum>
(C)
</enum>
<text>
Members of the Council of Guardians.
</text>
</subparagraph>
<subparagraph id="H7DC41BF138964338BD25C888CE6611E5">
<enum>
(D)
</enum>
<text>
Members of the Expediency Council.
</text>
</subparagraph>
<subparagraph id="H8AE1FE8EB88841CE8BB6C9F2C42C5F97">
<enum>
(E)
</enum>
<text>
The Minister of Intelligence and Security.
</text>
</subparagraph>
<subparagraph id="H531C207C1DE245288841483929DF3B88">
<enum>
(F)
</enum>
<text>
The Commander of the Iran’s Revolutionary Guard Corps.
</text>
</subparagraph>
<subparagraph id="HB3EC07776D97473FB1B5B79F1633F805">
<enum>
(G)
</enum>
<text>
The Commander of the Basij-e-Mostaz’afin.
</text>
</subparagraph>
<subparagraph id="HA29E42DC3AF848A0A18719EBCF3DF189">
<enum>
(H)
</enum>
<text>
The Commander of Ansar-e-Hezbollah.
</text>
</subparagraph>
<subparagraph id="H67A618B85AD84A3F8BD5167F51539985">
<enum>
(I)
</enum>
<text>
The Commander of the Quds Force.
</text>
</subparagraph>
<subparagraph id="HB383F336C8AC4116A4824CD4650071C8">
<enum>
(J)
</enum>
<text>
The Commander in Chief of the Police Force.
</text>
</subparagraph>
<subparagraph id="H94C8879E3DDB425F929E0F44FF849592">
<enum>
(K)
</enum>
<text display-inline="yes-display-inline">
Senior officials or key employees of an organization described in any of subparagraphs (C) through (J) or in the Atomic Energy Organization of Iran, the Islamic Consultative Assembly of Iran, the Council of Ministers of Iran, the Assembly of Experts of Iran, the Ministry of Defense and Armed Forces Logistics of Iran, the Ministry of Justice of Iran, the Ministry of Interior of Iran, the prison system of Iran, or the judicial system of Iran.
</text>
</subparagraph>
</paragraph>
<paragraph id="H24CFC71CDCDF47DB9BDD8B6D60F1AA5A">
<enum>
(2)
</enum>
<header>
Sense of Congress
</header>
<text display-inline="yes-display-inline">
It is the sense of Congress that—
</text>
<subparagraph id="H61F4DB160D3C478E9A504C4CA24192AF">
<enum>
(A)
</enum>
<text>
the President should include any Iranian person holding a position in the Government of Iran described in paragraph (1) on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8514">
22 U.S.C. 8514(b)
</external-xref>
, 8514a(b), 8514b(b), or 8514c(b)); and
</text>
</subparagraph>
<subparagraph id="HE62355F1E098442EB881458FE0204D26">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the President should impose sanctions on such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be).
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H37812AA2C05642268B688D20D735ADCD">
<enum>
(b)
</enum>
<header>
Additional finding and sense of Congress
</header>
<text display-inline="yes-display-inline">
Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/158">
Public Law 112–158
</external-xref>
; 126 Stat. 1251) is amended—
</text>
<paragraph id="HFB22F6DD667E43D68E28607091C9AFEB">
<enum>
(1)
</enum>
<text>
by redesignating subsection (b) as subsection (c); and
</text>
</paragraph>
<paragraph id="HD6F0DC825B994F759A2E284C53242DAD">
<enum>
(2)
</enum>
<text>
by inserting after subsection (a) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H57972C8444314CD5B73C67773E4B0E0D" style="OLC">
<subsection id="HEB2A2D37E4E94ECD8541A7BF7061F649">
<enum>
(b)
</enum>
<header>
Additional finding and sense of Congress
</header>
<paragraph id="H50B1C1DDB64C499792255837AE73D010">
<enum>
(1)
</enum>
<header>
Finding
</header>
<text display-inline="yes-display-inline">
Congress finds that other senior officials of the Government of Iran, its agencies and instrumentalities, also have and continue to knowingly order, control, direct, and implement gross violations of the human rights of the Iranian people and the human rights of persons in other countries.
</text>
</paragraph>
<paragraph id="H16D6ECA4278E466C92D01238F1705853">
<enum>
(2)
</enum>
<header>
Sense of Congress
</header>
<text>
It is the sense of Congress that—
</text>
<subparagraph id="H968B8884327B43BBA3B483FD044FAE44">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the President should investigate violations of human rights described in paragraph (1) to identify other senior officials of the Government of Iran that also have or continue to knowingly order, control, direct, and implement gross violations of human rights of the Iranian people and the human rights of persons in other countries;
</text>
</subparagraph>
<subparagraph id="HB4B244A8A0B94F9BAA45BC630939AAC9">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the President should include any such official on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8514">
22 U.S.C. 8514(b)
</external-xref>
, 8514a(b), 8514b(b), or 8514c(b)); and
</text>
</subparagraph>
<subparagraph id="H5A30683BF3414328A259E4033656C584">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the President should impose sanctions on any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be).
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H11F76C46CA834F48BF14D27FF2AED6E8">
<enum>
(c)
</enum>
<header>
Report
</header>
<text>
Section 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/158">
Public Law 112–158
</external-xref>
; 126 Stat. 1251) (as redesignated by subsection (b) of this section) is amended—
</text>
<paragraph id="HB434AF3D18DD40A2BB13AD71C8437B2B">
<enum>
(1)
</enum>
<text>
by striking
<quote>
Not later than
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA2808AD531EF45638B7C389E68C535F4" style="OLC">
<subparagraph id="H4E8CA96EFDFC42E789EDE2A0F6FC3E06">
<enum>
(A)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Not later than
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph display-inline="no-display-inline" id="H97AFB285913940B6AA3056A780C8EA83">
<enum>
(2)
</enum>
<text>
by striking
<quote>
this Act
</quote>
and inserting
<quote>
the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years
</quote>
;
</text>
</paragraph>
<paragraph id="H5B907645411F45429BE1C1442E7CA2FE">
<enum>
(3)
</enum>
<text>
by striking
<quote>
otherwise directing the commission of
</quote>
and inserting
</text>
<quoted-block display-inline="yes-display-inline" id="H0E3A1687201D427C893395B018104735" style="OLC">
<text>
otherwise directing—
</text>
<clause id="HCD8A491727EC431C868E004A93496113">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
the commission of
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H6050CD10177F4206A8FB98A356B3B909">
<enum>
(4)
</enum>
<text>
by striking
<quote>
Iran.
</quote>
and inserting
</text>
<quoted-block display-inline="yes-display-inline" id="H4B483F4E7F0141BCB73908354108DADB" style="OLC">
<text>
Iran;
</text>
<clause id="H2C42FEB9C67D41279FFADCC2DBA1203F">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
censorship or related activities with respect to Iran; or
</text>
</clause>
<clause id="H1A35CD13FFE24830A377DE51EAD8D822">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
the diversion of goods, food, medicine, medical devices, and agricultural commodities, intended for the people of Iran.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H87CD579AAA84422CBD04413717A63710">
<enum>
(5)
</enum>
<text>
by striking
<quote>
For any such person
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF0D6C46656E84E55868A8D70BFC950FE" style="OLC">
<subparagraph id="H8CE46B90CC8942D3BEF5BE079345A9F8">
<enum>
(B)
</enum>
<header>
Requirement relating to persons not included
</header>
<text display-inline="yes-display-inline">
For any such person
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H806C1879C6C14673B84D14B004700C03">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following new subparagraph:
</text>
<quoted-block display-inline="no-display-inline" id="H99DDF7F037EA48658198BE6BAEFB13AC" style="OLC">
<subparagraph id="H7C7BA2AB9B3D43EEB9744E33220D89C9">
<enum>
(C)
</enum>
<header>
Requirement relating to financial net worth
</header>
<text display-inline="yes-display-inline">
For each such person described in subparagraph (A) and each such person described in subparagraph (B), the Secretary of State shall include in the report a description of the estimated net worth of the person.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H85F898E51A504AD1BBFB46CC5CADDB57">
<enum>
(d)
</enum>
<header>
Additional report
</header>
<text display-inline="yes-display-inline">
Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/158">
Public Law 112–158
</external-xref>
; 126 Stat. 1251), as amended by this section, is further amended by adding at the end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H1D607BA77D464B378B6CE763ED37BDA2" style="OLC">
<subsection id="H5247F95AE7FE49FB86180F275B3C62D1">
<enum>
(d)
</enum>
<header>
Additional report
</header>
<paragraph id="H3A22B88D337F45FBAE6FBBD8341766D4">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Not later than 180 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years, the Secretary of State shall submit to the appropriate congressional committees a detailed report with respect to whether each person described in subsection (a) or any family member of such person has facilitated deceptive transactions for or on behalf of any person subject to United States sanctions concerning Iran in violation of Executive Order 13608 of May 1, 2012 (77 Fed. Reg. 26409;
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701
</external-xref>
note) or any other provision of law.
</text>
</paragraph>
<paragraph id="H9879DC7552504F2EAC43305C81565E2F">
<enum>
(2)
</enum>
<header>
Family member defined
</header>
<text>
In this subsection, the term
<quote>
family member
</quote>
includes, with respect to a person, any relative of such person to the third degree of consanguinity.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H4748497C17494C3DBB0A5C4EB24AD22D">
<enum>
(e)
</enum>
<header>
Conforming amendment
</header>
<text display-inline="yes-display-inline">
The heading for section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/158">
Public Law 112–158
</external-xref>
; 126 Stat. 1251) is amended by striking
<quote>
<header-in-text level="section" style="OLC">
committed against
</header-in-text>
</quote>
and all that follows and inserting
<quote>
<header-in-text level="section" style="OLC">
, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran.
</header-in-text>
</quote>
.
</text>
</subsection>
<subsection id="H34C0F45052E64629989CDD0F06D1C89F">
<enum>
(f)
</enum>
<header>
Clerical amendment
</header>
<text display-inline="yes-display-inline">
The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 401 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HCAC3A15AC270467FB77F9A86A7280533" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 401. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HC6419E1CBE034F2BB22DAC7A1F6E2BEC">
<enum>
105.
</enum>
<header>
Sense of Congress on elections in Iran
</header>
<subsection id="H8589DE600F244687A3594AF5246A8A43">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text display-inline="yes-display-inline">
Congress makes the following findings:
</text>
<paragraph id="H2B8ACE61116742F9B4913BD08BD20253">
<enum>
(1)
</enum>
<text>
The Iranian people are systematically denied free, fair, and credible elections by the Government of the Islamic Republic of Iran.
</text>
</paragraph>
<paragraph id="H8539DD04F6094645ABA6B9186B756163">
<enum>
(2)
</enum>
<text>
The unelected and unaccountable Guardian Council disqualifies hundreds of qualified candidates, including women and most religious minorities, while the regime intimidates others into staying out of elections completely.
</text>
</paragraph>
<paragraph id="HA810F85F44954D98BC3C7F1453BDBB05">
<enum>
(3)
</enum>
<text>
Voting inconsistencies, including an absence of international observers, and fraud are commonplace.
</text>
</paragraph>
<paragraph id="HA045E57ED8C5433AB45CE8247791E91C">
<enum>
(4)
</enum>
<text>
The 2009 presidential elections proved that the regime will engage in large scale vote-rigging to ensure a specific result.
</text>
</paragraph>
<paragraph id="HE762C961EBF5447ABA372F35E2C655C2">
<enum>
(5)
</enum>
<text>
The Iranian regime combines electoral manipulation with the ruthless suppression of dissent. Following the 2009 elections, peaceful demonstrators were met with violence by the regime’s security apparatus, including arbitrary detentions, beatings, kidnappings, rapes, and murders.
</text>
</paragraph>
<paragraph id="H50BB94B56F644C90AAA567E5EEE375DC">
<enum>
(6)
</enum>
<text>
The electoral manipulation and human rights violations are in violation of the Government of Iran’s agreed to obligations under the United Nations International Covenant on Civil and Political Rights.
</text>
</paragraph>
</subsection>
<subsection id="H4BB77C82A7EE4B898D746BC508F4118E">
<enum>
(b)
</enum>
<header>
Sense of Congress
</header>
<text>
It is the sense of the Congress that—
</text>
<paragraph id="H59B53D4E4CDB45E0BEBED18434A8449C">
<enum>
(1)
</enum>
<text>
the Iranian people are deprived by their government of free, fair, and credible elections;
</text>
</paragraph>
<paragraph id="H85D5BDF8350340E0AB6890D560F23C24">
<enum>
(2)
</enum>
<text>
the United States should support freedom, human rights, civil liberties, and the rule of law in Iran, and elections that are free and fair, meet international standards, and allow independent international and domestic electoral observers unrestricted access to polling and counting stations; and
</text>
</paragraph>
<paragraph id="H58C683BBB78D4D4D97CF55964A025B1D">
<enum>
(3)
</enum>
<text>
the United States should support the people of Iran in their peaceful calls for a representative and responsive democratic government that respects human rights, civil liberties, and the rule of law.
</text>
</paragraph>
</subsection>
</section>
<section id="H8AF9816AA6A34A11934DDD0E7167E72F">
<enum>
106.
</enum>
<header>
Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran
</header>
<text display-inline="no-display-inline">
It is the sense of Congress that the Secretary of State should designate a Special Coordinator position in the Bureau of Near Eastern Affairs whose primary function is to facilitate cooperation across departments for the purpose of advancing human rights and political participation for women in Iran, as well as to prepare evidence and information to be used in identifying Iranian officials for designation as human rights violators for their involvement in violating the human rights of women in Iran.
</text>
</section>
</title>
<title id="HA9E7811F3AED4F9FAA4EFCE9978650A4">
<enum>
II
</enum>
<header>
Economic and financial sanctions
</header>
<subtitle id="H83E095B8EA294A428515042397CBFEEE">
<enum>
A
</enum>
<header>
Amendments to Iran Sanctions Act of 1996
</header>
<section id="HBAB2EC46FF6347F38FC3C5E6FB7738B7">
<enum>
201.
</enum>
<header>
Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium
</header>
<subsection id="HDF10627F12634B388CB036089274CE00">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Section 5(b) of the Iran Sanctions Act of 1996 (
<external-xref legal-doc="public-law" parsable-cite="pl/104/172">
Public Law 104–172
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701
</external-xref>
note) is amended by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HA1C87A8CD04444C6BC5FCADE17767587" style="OLC">
<paragraph id="H11D024806E054B7B85C60E1FDA470503">
<enum>
(3)
</enum>
<header>
Transfer to Iran of goods, services, or technology that can be used for mining or milling of uranium
</header>
<text display-inline="yes-display-inline">
Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly transferred, on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013, to Iran goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HA2AA3E951E9F48B1A788049227A5DEFD">
<enum>
(b)
</enum>
<header>
Conforming amendments
</header>
<text display-inline="yes-display-inline">
Section 5 of such Act is amended in subsection (b)(3), (c), and (f) by striking
<quote>
paragraph (1) or (2)
</quote>
each place it appears and inserting
<quote>
paragraph (1), (2), or (3)
</quote>
.
</text>
</subsection>
</section>
<section id="H59BE51F4B0E248EBA15BE137391DEBF5">
<enum>
202.
</enum>
<header>
Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities
</header>
<text display-inline="no-display-inline">
Section 9(c)(1) of the Iran Sanctions Act of 1996 (
<external-xref legal-doc="public-law" parsable-cite="pl/104/172">
Public Law 104–172
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701
</external-xref>
note) is amended—
</text>
<paragraph id="H3DEB77B4C06645679E2C562319029494">
<enum>
(1)
</enum>
<text>
by striking subparagraph (B);
</text>
</paragraph>
<paragraph id="H2B71185913B14189887E8E361A7F8169">
<enum>
(2)
</enum>
<text>
by redesignating subparagraph (C) as subparagraph (B); and
</text>
</paragraph>
<paragraph id="H06B6B2BC653B4D1C9226CAAAD9D170E7">
<enum>
(3)
</enum>
<text>
in subparagraph (B) (as redesignated by paragraph (2) of this section)—
</text>
<subparagraph id="H56BB528FA47B43A3AC45A4B6E9EA9CF6">
<enum>
(A)
</enum>
<text>
by striking
<quote>
or (B)
</quote>
each place it appears; and
</text>
</subparagraph>
<subparagraph id="H9256B05448B2478BBAD74AD5B17F6902">
<enum>
(B)
</enum>
<text>
by striking
<quote>
, as applicable
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
</subtitle>
<subtitle id="H59FA744E9EEB46E690552DAF37C0B006">
<enum>
B
</enum>
<header>
Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012
</header>
<section id="H2465FF2B8A7B4493B484C52CAF37AC80">
<enum>
211.
</enum>
<header>
Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran
</header>
<subsection id="H7FF8BE26F8E84AC08114DD288046C555">
<enum>
(a)
</enum>
<header>
Application to owners and subsidiaries
</header>
<text display-inline="yes-display-inline">
Subsection (a) of section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="public-law" parsable-cite="pl/111/195">
Public Law 111–195
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/22/8515">
22 U.S.C. 8515
</external-xref>
) is amended—
</text>
<paragraph id="HBA2B706DE9D24A24BF992EA58C364EAE">
<enum>
(1)
</enum>
<text>
by striking
<quote>
goods or services with a person
</quote>
and inserting the following:
</text>
<quoted-block display-inline="yes-display-inline" id="H8F57996C9FC94A689280C8C065980B21" style="OLC">
<text display-inline="yes-display-inline">
goods or services—
</text>
<paragraph id="H127B89E1465F44738BEFB39FE754DBD7">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
with a person
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H3320EFA86CD1415D8CD7AB4031129E88">
<enum>
(2)
</enum>
<text>
in paragraph (1), as added by paragraph (1) of this subsection, by striking the period at the end and inserting and inserting
<quote>
; or
</quote>
; and
</text>
</paragraph>
<paragraph id="HA8B0DE390F9C45E78084BA3E3CFA0AE6">
<enum>
(3)
</enum>
<text>
by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H10D174436CA54724BC7F71FB203C02C7" style="OLC">
<paragraph id="H2858288070DF4F40A4FFCA9FF160F1AF">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
with respect to a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1).
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H5C026BCC53584B72AF394B45B84CADA1">
<enum>
(b)
</enum>
<header>
Sensitive technology defined
</header>
<text display-inline="yes-display-inline">
Subsection (c)(1) of such section is amended by striking
<quote>
is to be used specifically
</quote>
and inserting
<quote>
has been designed or specifically modified
</quote>
.
</text>
</subsection>
<subsection id="HDC4F1B47385B4AF6A3432E6520E5624D">
<enum>
(c)
</enum>
<header>
Presidential determination and imposition of additional sanctions
</header>
<text display-inline="yes-display-inline">
Such section, as so amended, is further amended by adding at the end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="HC8CB9BF3E4E647BD8BB4C0B03314CB93" style="OLC">
<subsection id="HCFE1FBF52C1C4BFCB93D88289A80A616">
<enum>
(e)
</enum>
<header>
Presidential determination and imposition of additional sanctions
</header>
<text display-inline="yes-display-inline">
The President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (
<external-xref legal-doc="public-law" parsable-cite="pl/104/172">
Public Law 104–172
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701
</external-xref>
note) with respect to—
</text>
<paragraph id="H605EA233ADBD4E0DBE82109B3A4BE1BE">
<enum>
(1)
</enum>
<text>
a person if the President determines that the person knowingly exports sensitive technology to Iran; or
</text>
</paragraph>
<paragraph id="H4DBB4D36DA8C4457852B45B66A49A30B">
<enum>
(2)
</enum>
<text>
a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H5CB279416F5B402EA1C2A33BF5346890">
<enum>
(d)
</enum>
<header>
Conforming amendment
</header>
<text>
The heading of such section is amended by inserting
<quote>
<header-in-text level="section" style="OLC">
and imposition of sanctions against
</header-in-text>
</quote>
after
<quote>
<header-in-text level="section" style="OLC">
with
</header-in-text>
</quote>
.
</text>
</subsection>
<subsection id="H3895ED673DCC49BA9F568692EAA7FB7F">
<enum>
(e)
</enum>
<header>
Clerical amendment
</header>
<text display-inline="yes-display-inline">
The table of contents for the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended by striking the item relating to section 106 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HDD2D3C1FB62240CBA52DC3B76C14D1A2" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 106. Prohibition on procurement contracts with and imposition of sanctions against persons that export sensitive technology to Iran.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H6EE022EBE38846E09DBD969A456BF00E">
<enum>
(f)
</enum>
<header>
Effective date
</header>
<text>
The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to exports of sensitive technology to Iran that occur on or after such date of enactment.
</text>
</subsection>
</section>
<section id="HB215729A9A7E4591BBC2C401C5F02196">
<enum>
212.
</enum>
<header>
Authority of State and local governments to avoid exposure to sanctioned persons and sectors
</header>
<subsection id="HC54C3275626C4500AD67494F5B409978">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8532">
22 U.S.C. 8532
</external-xref>
) is amended by striking subsections (a), (b), and (c) and inserting the following:
</text>
<quoted-block id="HBDA2137E69F44075BAD224FDE5BF37E1" style="OLC">
<subsection id="HEE36CD3330E94CDB91E534EFB17C4005">
<enum>
(a)
</enum>
<header>
Sense of congress
</header>
<text display-inline="yes-display-inline">
It is the sense of Congress that the United States should respect the decision of any State or local government to divest from or prohibit the investment of assets of the State or local government in a person described in subsection (c) or to impose disclosure and transparency requirements on any person subject to the jurisdiction of such government, except with respect to an activity that is exempt, licensed, or otherwise authorized by a Federal department or agency.
</text>
</subsection>
<subsection id="H94B50FEA3C3D4EE18587519DB6212183">
<enum>
(b)
</enum>
<header>
Authority
</header>
<text>
Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d)—
</text>
<paragraph id="HC49B7BFD450F417DAC584CD2FD45A9C3">
<enum>
(1)
</enum>
<text>
to divest the assets of the State or local government from a person described in subsection (c);
</text>
</paragraph>
<paragraph id="H2F982597DC9B4DA8A091D4CB0284D6AF">
<enum>
(2)
</enum>
<text>
to prohibit investment of the assets of the State or local government in any such person; or
</text>
</paragraph>
<paragraph id="H898B49A902294E438CDC25AA4AD843E7">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
to impose disclosure and transparency requirements on any person subject to the jurisdiction of such government, except with respect to an activity that is exempt, licensed, or otherwise authorized by a Federal department or agency.
</text>
</paragraph>
</subsection>
<subsection id="H380154CA5D5D4605A7C3E162BC85E4CA">
<enum>
(c)
</enum>
<header>
Persons described
</header>
<text>
A person described in this subsection is a person with respect to which sanctions have been, and continue to be, imposed pursuant to—
</text>
<paragraph id="H4DCCE4E86B23405EB9AEBEFF0D037D49">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
section 104(c) of this Act;
</text>
</paragraph>
<paragraph id="H55976433E5584217A1AD315EF8E638EE">
<enum>
(2)
</enum>
<text>
section 5 of the Iran Sanctions Act of 1996 (
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701
</external-xref>
note);
</text>
</paragraph>
<paragraph id="H7C1E595856D34D7B9A591C1F5F77BA7D">
<enum>
(3)
</enum>
<text>
section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8513a">
22 U.S.C. 8513a(d)
</external-xref>
); or
</text>
</paragraph>
<paragraph id="H8CD966774B07457C8E793A5FBCFBD6D8">
<enum>
(4)
</enum>
<text>
sections 1244, 1245, 1246 or 1247 of the National Defense Authorization Act for Fiscal Year 2013 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8803">
22 U.S.C. 8803
</external-xref>
, 8804, 8805, or 8806).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H58149A70A21445B1AA64D63530E996FD">
<enum>
(b)
</enum>
<header>
Conforming amendments
</header>
<text>
Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8532">
22 U.S.C. 8532
</external-xref>
) is amended—
</text>
<paragraph id="H79C1883757B749BFA6C35A50EFF8DFED">
<enum>
(1)
</enum>
<text>
in subsection (d)(4), by striking
<quote>
engages in investment activities in Iran described in subsection (c)
</quote>
and inserting
<quote>
is a person described in subsection (c)
</quote>
;
</text>
</paragraph>
<paragraph id="H328EDAB860534E9DA151E0350F6432A5">
<enum>
(2)
</enum>
<text>
in subsection (f), by striking
<quote>
or (i)
</quote>
and inserting
<quote>
or (g)
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="H7891C07F53394B1C90A846C9DC334325">
<enum>
(3)
</enum>
<text>
by striking subsection (h) and by redesignating subsections (i) and (j) as subsections (h) and (i), respectively; and
</text>
</paragraph>
<paragraph id="HFDB83A06ADEE4AE19FB2FF9B1B61497F">
<enum>
(4)
</enum>
<text>
in paragraph (1) of subsection (i) (as redesignated by paragraph (3) of this subsection), by striking
<quote>
(determined without regard to subsection (c))
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HE8B0D3AE9EB249CB8E0F8A29D16A298F">
<enum>
(c)
</enum>
<header>
Effective date
</header>
<text>
The amendments made by this section apply to measures adopted by State and local governments on or after the date of the enactment of this Act.
</text>
</subsection>
</section>
<section id="H3C97287A16AE431FAB9614FA7A1A44F4">
<enum>
213.
</enum>
<header>
Sense of Congress regarding the European Central Bank
</header>
<subsection id="H4EADD0914559482BBD94FC438DA0B305">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text display-inline="yes-display-inline">
Congress finds the following:
</text>
<paragraph id="H4A4B0DB40CFF4FBF8B5CAA0E512DA6BA">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
The Government of Iran, its agencies and instrumentalities, continue to have access to, and utilize, euro-denominated transactions, including for goods and services that are subject to sanctions imposed by the United States, the European Union and its member states and by the United Nations.
</text>
</paragraph>
<paragraph id="HFE61AA11047A4D52AEFEA3ADBC653A69">
<enum>
(2)
</enum>
<text>
The Guidelines of the European Central Bank (Article 39(1)) states that:
<quote>
Participants shall be deemed to be aware of, and shall comply with, all obligations on them relating to legislation on data protection, prevention of money laundering and the financing of terrorism, proliferation-sensitive nuclear activities and the development of nuclear weapons delivery systems, in particular in terms of implementing appropriate measures concerning any payments debited or credited on their PM accounts.
</quote>
</text>
</paragraph>
<paragraph id="H94F9CA66FC0B428885D82B57A5BB2874">
<enum>
(3)
</enum>
<text>
United States and European convergence with respect to United States sanctions efforts toward the Government of Iran is a vital component of United States policy aimed at preventing the Government of Iran from acquiring a nuclear weapons capability.
</text>
</paragraph>
</subsection>
<subsection id="HB3B8D8ECC4F0418B9F6448508E842BED">
<enum>
(b)
</enum>
<header>
Sense of Congress
</header>
<text display-inline="yes-display-inline">
It is the sense of Congress that the President should continue to closely coordinate and cooperate with the European Union and its member states to restrict access to and use of the euro currency by the Government of Iran, its agencies and instrumentalities, for transactions with the exception of food, medicine, medical devices, and agricultural commodities.
</text>
</subsection>
</section>
<section id="HD92F400D60374843A7B0627351C36442">
<enum>
214.
</enum>
<header>
Imposition of sanctions with respect to certain transactions in foreign currencies
</header>
<subsection id="H691051621ECC4974A8858BFA0A5FAF01">
<enum>
(a)
</enum>
<header>
Imposition of sanctions
</header>
<text>
Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8721">
22 U.S.C. 8721 et seq.
</external-xref>
) is amended by inserting after section 220 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H25DE2A44EE6E47CE8F6E31ABC71C9FAB" style="OLC">
<section id="HEB51418BD5904369842F5B7E70A0E53F">
<enum>
220A.
</enum>
<header>
Imposition of sanctions with respect to certain transactions in foreign currencies
</header>
<subsection id="HC6B3E8F4E3E44381B1264F329679B9AD">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Except as provided in this section, the President—
</text>
<paragraph id="H69C490E3F2F1420282E9275278F23A73">
<enum>
(1)
</enum>
<text>
shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that is a person described in subsection (c); and
</text>
</paragraph>
<paragraph id="HC2D779369E174A8A8D3452F9017522A7">
<enum>
(2)
</enum>
<text>
may impose sanctions pursuant to the International Emergency Economic Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701 et seq.
</external-xref>
) with respect to any other person described in subsection (c).
</text>
</paragraph>
</subsection>
<subsection id="HF6FA8434A5534F5C9937B0C83D42D27D">
<enum>
(b)
</enum>
<header>
Exception
</header>
<text display-inline="yes-display-inline">
The authority to impose sanctions under subsection (a)(2) shall not include the authority to impose sanctions relating to the importation of goods.
</text>
</subsection>
<subsection id="HC7240DB427B64E63B0415CA137FC74F2">
<enum>
(c)
</enum>
<header>
Person described
</header>
<text>
A person described in this subsection is a person the President determines has—
</text>
<paragraph id="HEE30BF08672A4ADB94FB837CC8A146BF">
<enum>
(1)
</enum>
<text>
knowingly conducted or facilitated a significant transaction involving the currency of a country other than the country in which the person is operating at the time of the transaction with, for, or on behalf of—
</text>
<subparagraph id="H4AA05438AD394000BBA40C4E53BE771C">
<enum>
(A)
</enum>
<text>
the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701 et seq.
</external-xref>
); or
</text>
</subparagraph>
<subparagraph id="H5E9D2C7941604BDB86778A758E7B1B29">
<enum>
(B)
</enum>
<text>
a person described in section 1244(c)(2) of the Iran Freedom and Counter-Proliferation Act (
<external-xref legal-doc="usc" parsable-cite="usc/22/8803">
22 U.S.C. 8803(c)(2)
</external-xref>
) (other than a person described in subparagraph (C)(iii) of that section); or
</text>
</subparagraph>
</paragraph>
<paragraph id="HDFAAD93F6C944D64BBC8CF175BDD0D28">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
knowingly conducted or facilitated a significant transaction by another person involving the currency of a country other than the country in which that other person is operating at the time of the transaction, with, for, or on behalf of a person described in subparagraph (A) or (B) of paragraph (1).
</text>
</paragraph>
</subsection>
<subsection id="H9FEA7E1E471048B0BA553E53611DCD93">
<enum>
(d)
</enum>
<header>
Waiver
</header>
<paragraph id="HCCBF8101B80843B18FC9483E570668B9">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The President may waive the application of subsection (a) with respect to a person for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, if the President—
</text>
<subparagraph id="HFA805073C74549F493A19CCD3E0E595F">
<enum>
(A)
</enum>
<text>
determines that the waiver is vital to the national security of the United States; and
</text>
</subparagraph>
<subparagraph id="HFB4F0849A0A04A0DA567DC94A28CC1F0">
<enum>
(B)
</enum>
<text>
not less than 7 days before the waiver or the renewal of the waiver, as the case may be, takes effect, submits a report to the appropriate congressional committees on the waiver and the reason for the waiver.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HED4E103182434947831E828105CECF93">
<enum>
(2)
</enum>
<header>
Form of report
</header>
<text>
Each report submitted under paragraph (1)(B) shall be submitted in unclassified form but may include a classified annex.
</text>
</paragraph>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="H4DEF3B3CFC3E4385A2345646C1ED4504">
<enum>
(e)
</enum>
<header>
Rule of construction
</header>
<text>
Nothing in this section shall be construed to prohibit any person from, or authorize or require the imposition of sanctions with respect to any person for, conducting or facilitating any transaction in the currency of the country in which the person is operating at the time of the transaction for the sale of agricultural commodities, food, medicine, or medical devices.
</text>
</subsection>
<subsection commented="no" id="H0E58ED1B4BE94747B4E9AE116D187BD7">
<enum>
(f)
</enum>
<header>
Definitions
</header>
<text>
In this section:
</text>
<paragraph commented="no" id="H4A5B93EA31214F8C9D7444C0E758B9A2">
<enum>
(1)
</enum>
<header>
Account; correspondent account; payable-through account
</header>
<text>
The terms
<term>
account
</term>
,
<term>
correspondent account
</term>
, and
<term>
payable-through account
</term>
have the meanings given those terms in
<external-xref legal-doc="usc" parsable-cite="usc/31/5318A">
section 5318A
</external-xref>
of title 31, United States Code.
</text>
</paragraph>
<paragraph commented="no" id="HFCB0DDB4A6364518863927D000628A67">
<enum>
(2)
</enum>
<header>
Agricultural commodity
</header>
<text>
The term
<term>
agricultural commodity
</term>
has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (
<external-xref legal-doc="usc" parsable-cite="usc/7/5602">
7 U.S.C. 5602
</external-xref>
).
</text>
</paragraph>
<paragraph commented="no" id="HABD760216749470FB5B977A47C31EE0B">
<enum>
(3)
</enum>
<header>
Foreign financial institution
</header>
<text>
The term
<term>
foreign financial institution
</term>
has the meaning given that term in
<external-xref legal-doc="regulation" parsable-cite="cfr/31/561.308">
section 561.308
</external-xref>
of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
</text>
</paragraph>
<paragraph id="HB78C4066EFE244EFA22BD585C1222E70">
<enum>
(4)
</enum>
<header>
Good
</header>
<text display-inline="yes-display-inline">
The term
<quote>
good
</quote>
has the meaning given that term in section 16 of the Export Administration Act of 1979 (
<external-xref legal-doc="usc-appendix" parsable-cite="usc-appendix/50/2415">
50 U.S.C. App. 2415
</external-xref>
) (as continued in effect pursuant to the International Emergency Economic Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701 et seq.
</external-xref>
)).
</text>
</paragraph>
<paragraph commented="no" id="HBE81E0642A7D4999B627431395808C52">
<enum>
(5)
</enum>
<header>
Iranian financial institution
</header>
<text>
The term
<term>
Iranian financial institution
</term>
has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8513b">
22 U.S.C. 8513b(d)
</external-xref>
).
</text>
</paragraph>
<paragraph commented="no" id="HF22D3B336BE54623A99B54574591B3F6">
<enum>
(6)
</enum>
<header>
Medical device
</header>
<text>
The term
<term>
medical device
</term>
has the meaning given the term
<term>
device
</term>
in section 201 of the Federal Food, Drug, and Cosmetic Act (
<external-xref legal-doc="usc" parsable-cite="usc/21/321">
21 U.S.C. 321
</external-xref>
).
</text>
</paragraph>
<paragraph commented="no" id="HC150400B4ABB4EC4A630C5D526BE23DF">
<enum>
(7)
</enum>
<header>
Medicine
</header>
<text>
The term
<term>
medicine
</term>
has the meaning given the term
<term>
drug
</term>
in section 201 of the Federal Food, Drug, and Cosmetic Act (
<external-xref legal-doc="usc" parsable-cite="usc/21/321">
21 U.S.C. 321
</external-xref>
).
</text>
</paragraph>
<paragraph commented="no" id="HF697B1B836A04A969DC4AA11B5FB0B74">
<enum>
(8)
</enum>
<header>
Transaction
</header>
<text>
The term
<term>
transaction
</term>
includes a foreign exchange swap, a foreign exchange forward, and any other type of similar currency exchange or conversion or similar derivative instrument.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HA7C00D550707469DA2415D004FE57BBC">
<enum>
(b)
</enum>
<header>
Conforming amendments
</header>
<paragraph commented="no" id="H581D9A5687E04C108306377A96EA5D9E">
<enum>
(1)
</enum>
<header>
Implementation
</header>
<text>
Section 601(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8781">
22 U.S.C. 8781(a)(1)
</external-xref>
) is amended by inserting
<quote>
220A,
</quote>
after
<quote>
220,
</quote>
.
</text>
</paragraph>
<paragraph commented="no" id="H7B16AF35E43A4C7B828407B254C266ED">
<enum>
(2)
</enum>
<header>
Penalties
</header>
<text>
Section 601(b)(2)(A) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/22/8781">
22 U.S.C. 8781(b)(2)(A)
</external-xref>
) is amended by striking
<quote>
and 220,
</quote>
and inserting
<quote>
220, and 220A,
</quote>
.
</text>
</paragraph>
<paragraph id="H50B4B3CC973B4F089DE4B3CA9493CC65">
<enum>
(3)
</enum>
<header>
Termination
</header>
<text>
Section 605(a) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/22/8785">
22 U.S.C. 8785(a)
</external-xref>
) is amended by inserting
<quote>
220A,
</quote>
after
<quote>
220,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H37364E8C3563464195F98B2E04CFECE0">
<enum>
(c)
</enum>
<header>
Clerical amendment
</header>
<text>
The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 220 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4F0337519AC34BE193C6DB4C1E937BD2" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 220A. Imposition of sanctions with respect to certain transactions in foreign currencies.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H03A5E6872ECA4A6A8BBD10192C7E3DCC">
<enum>
(d)
</enum>
<header>
Effective date
</header>
<text>
The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after May 22, 2013.
</text>
</subsection>
</section>
<section id="H7DBA63EC0E78471A9824F163FBE7870C">
<enum>
215.
</enum>
<header>
Sanctions with respect to certain transactions with Iran
</header>
<subsection id="H9E1EC06BB37941D281A5E65AA89E00C4">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8721">
22 U.S.C. 8721 et seq.
</external-xref>
) is amended by adding at the end the following new section:
</text>
<quoted-block display-inline="no-display-inline" id="H5ED773A1EB0744F384548D0B53F398A6" style="OLC">
<section id="H3D553EC6AB81470A8FD274BA0D440CEB">
<enum>
225.
</enum>
<header>
Sanctions with respect to certain transactions with Iran
</header>
<subsection id="H29AE4FC752FB4012AB11484417A723EB">
<enum>
(a)
</enum>
<header>
Authorization of sanctions
</header>
<paragraph id="HE48E0F48C4D441D3908B25F85D5BC403">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Except as provided in this section, the President may impose sanctions pursuant to the International Emergency Economic Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701 et seq.
</external-xref>
) on a foreign person that the President determines has, on or after the date that is 60 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly conducted or facilitated a significant financial transaction with the Central Bank of Iran or other Iranian financial institution that has been designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act, for—
</text>
<subparagraph id="HA83C7BE3DFE14D46911D35377F3D685C">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the purchase of goods or services by a person in Iran or on behalf of a person in Iran; or
</text>
</subparagraph>
<subparagraph id="H5B376FCF637B4F5EA50A410FC2179B0C">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the purchase of goods or services from a person in Iran or on behalf of a person in Iran.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF0C4AA14188A40D399CF0A435DC2B89C">
<enum>
(2)
</enum>
<header>
Exception
</header>
<subparagraph id="HB718D49E759349EBBFA4C96551FB7481">
<enum>
(A)
</enum>
<header>
In general
</header>
<text>
The authority to impose sanctions under paragraph (1) shall not include the authority to impose sanctions relating to the importation of goods.
</text>
</subparagraph>
<subparagraph id="H636124A72C214D42ABF25BA86BEC4676">
<enum>
(B)
</enum>
<header>
Good
</header>
<text>
In this paragraph, the term
<quote>
good
</quote>
has the meaning given that term in section 16 of the Export Administration Act of 1979 (
<external-xref legal-doc="usc-appendix" parsable-cite="usc-appendix/50/2415">
50 U.S.C. App. 2415
</external-xref>
) (as continued in effect pursuant to the International Emergency Economic Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701 et seq.
</external-xref>
)).
</text>
</subparagraph>
</paragraph>
<paragraph id="HE88DA8E98755452B839F12290E496918">
<enum>
(3)
</enum>
<header>
Rule of construction
</header>
<text display-inline="yes-display-inline">
Nothing in this section shall be construed to affect the imposition of sanctions with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran under section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/81">
Public Law 112–81
</external-xref>
; 125 Stat. 1648).
</text>
</paragraph>
</subsection>
<subsection id="HD79F8E73146644C6B5D463E23AF0D07D">
<enum>
(b)
</enum>
<header>
Exception for overall reductions of exports to and imports from Iran
</header>
<paragraph id="HCEB663EA847947AFB3ECFA230341FD0E">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
The President is authorized not to impose sanctions under subsection (a) on a foreign person if the President determines and submits to the appropriate congressional committees a report that contains a determination of the President that the country with primary jurisdiction over the foreign person has, during the time period described in paragraph (2), significantly reduced the value and volume of imports and exports of goods (other than petroleum or petroleum products) and services between such country and Iran.
</text>
</paragraph>
<paragraph id="HBEA34B1B93EC41FD809C6FD4F6324580">
<enum>
(2)
</enum>
<header>
Time period described
</header>
<text display-inline="yes-display-inline">
The time period referred to in paragraph (1) is the 60-day period ending on the date on which the President makes the determination under paragraph (1) as compared to the immediately preceding 60-day period.
</text>
</paragraph>
</subsection>
<subsection id="HB8305D9F95D34DFA910FC814717E9E64">
<enum>
(c)
</enum>
<header>
Exception for sales of agricultural commodities, food, medicine and medical devices
</header>
<text>
The President may not impose sanctions under subsection (a) on a foreign person with respect to a transaction for the sale of agricultural commodities, food, medicine or medical devices to Iran.
</text>
</subsection>
<subsection commented="no" id="H470A4FC2DAEC40539ED3AE072E5C3CE6">
<enum>
(d)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
In this section:
</text>
<paragraph commented="no" id="H33D3C9B3CDDE443197CA13D6F850C961">
<enum>
(1)
</enum>
<header>
Foreign person
</header>
<text display-inline="yes-display-inline">
The term
<term>
foreign person
</term>
has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (
<external-xref legal-doc="public-law" parsable-cite="pl/104/172">
Public Law 104–172
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701
</external-xref>
note).
</text>
</paragraph>
<paragraph commented="no" id="HB4E5533888494C599159F8856B3C0479">
<enum>
(2)
</enum>
<header>
Iranian financial institution
</header>
<text>
The term
<term>
Iranian financial institution
</term>
has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8513b">
22 U.S.C. 8513b(d)
</external-xref>
).
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H6554586317374BF5B6350B9C5CD639D0">
<enum>
(b)
</enum>
<header>
Clerical amendment
</header>
<text display-inline="yes-display-inline">
The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 224 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H64AC5015645341CFB70FF3D5CE72F45C" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 225. Sanctions with respect to certain transactions with Iran.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
</subtitle>
<subtitle id="H474864DBD09643E18DAB77083B992D78">
<enum>
C
</enum>
<header>
Other matters
</header>
<section id="HC0C36C186FF94B37BFE2EAA1AC99DC6F">
<enum>
221.
</enum>
<header>
Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions
</header>
<subsection commented="no" id="H2C572A32791E46B2A070D6A03436B2CB">
<enum>
(a)
</enum>
<header>
Exception to applicability of sanctions with respect to petroleum transactions
</header>
<text>
Section 1245(d)(4)(D)(i)(I) of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/81">
Public Law 112–81
</external-xref>
; 125 Stat. 1648;
<external-xref legal-doc="usc" parsable-cite="usc/22/8513a">
22 U.S.C. 8513a(d)(4)(D)(i)(I)
</external-xref>
) is amended—
</text>
<paragraph id="H00629F50A0CB4493B06A3DAF5AC59D7F">
<enum>
(1)
</enum>
<text>
by striking
<quote>
reduced reduced
</quote>
and inserting
<quote>
reduced
</quote>
;
</text>
</paragraph>
<paragraph id="HE66C577E8311445BB219E4BE21E7D2D2">
<enum>
(2)
</enum>
<text>
by inserting
<quote>
value and
</quote>
before
<quote>
volume
</quote>
;
</text>
</paragraph>
<paragraph id="H050852FD0251403EB6669E6E7D9D3E58">
<enum>
(3)
</enum>
<text>
by inserting
<quote>
or of Iranian origin
</quote>
after
<quote>
from Iran
</quote>
; and
</text>
</paragraph>
<paragraph id="H06BAFCA641B648A0957728A8D24B1861">
<enum>
(4)
</enum>
<text>
by adding at the end before the semicolon the following:
<quote>
, and the President certifies in writing to Congress that the President has based such determination on accurate information on that country’s total purchases of crude oil from Iran or of Iranian origin
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H2D78D68EFF024AB7B0C155807422E144">
<enum>
(b)
</enum>
<header>
Financial transactions described
</header>
<text>
Section 1245(d)(4)(D)(ii)(II) of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/81">
Public Law 112–81
</external-xref>
; 125 Stat. 1648) is amended—
</text>
<paragraph id="HC91C745FC6034833991B9CB3BD993AF4">
<enum>
(1)
</enum>
<text>
by striking
<quote>
(II)
</quote>
and inserting
<quote>
(II)(aa)
</quote>
;
</text>
</paragraph>
<paragraph id="HAF1D9C44D4FE4771BB68B4848D3BF3D9">
<enum>
(2)
</enum>
<text>
in item (aa) (as designated by paragraph (1) of this subsection), by striking the period at the end and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="HEBAC5F1C50CD49AEBD4860952CDA37EA">
<enum>
(3)
</enum>
<text>
by adding at the end the following new item:
</text>
<quoted-block display-inline="no-display-inline" id="H4B8885DC955B4D6D8B223FBFC57996F7" style="OLC">
<item id="H809D66AB18E647D69D93B0030C8B258E" indent="up1">
<enum>
(bb)
</enum>
<text display-inline="yes-display-inline">
the foreign financial institution holding the account described in item (aa) does not knowingly facilitate any significant financial transfers for, with, or on behalf of the Government of Iran, unless the transaction is excepted from sanctions under paragraph (2) or is a transaction described in subclause (I) and item (aa).
</text>
</item>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" id="H3B3B3D42762C455E8AF8D2B2E22CD6BC">
<enum>
(c)
</enum>
<header>
Strategy to reduce crude oil purchases from Iran or of Iranian origin
</header>
<paragraph id="HF3C4750ED5C54AC7BE13FB9F90269E62">
<enum>
(1)
</enum>
<header>
Statement of policy
</header>
<text display-inline="yes-display-inline">
It is the policy of the United States to seek to ensure that countries that have received an exception under subparagraph (D)(i)(I) of section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/81">
Public Law 112–81
</external-xref>
; 125 Stat. 1648) shall reduce their crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subparagraph (E)(ii) of such section (as added by paragraph (2) of this subsection).
</text>
</paragraph>
<paragraph id="H92468E9D1FF34888A8C8B7AB9B30FE18">
<enum>
(2)
</enum>
<header>
Amendment
</header>
<text>
Section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/81">
Public Law 112–81
</external-xref>
; 125 Stat. 1648) is amended by adding at the end the following new subparagraph:
</text>
<quoted-block display-inline="no-display-inline" id="H859BE2086EFE43EBB8759910711A7507" style="OLC">
<subparagraph id="H2CA7BE657FF24A6D856915949CB1D7EE">
<enum>
(E)
</enum>
<header>
Strategy to reduce crude oil purchases from Iran or of Iranian origin
</header>
<clause id="H1EA55B261FA142029B826835E4857C17">
<enum>
(i)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Not later than 30 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, the President shall make a determination, based on the information contained in the most recent report required under subparagraph (A), of whether each country that received an exception under subparagraph (D)(i)(I) before such date of enactment is able to reduce its crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in clause (ii). If the President makes an initial determination under this clause that the requirements of this clause cannot be met, then the President shall continue to make a determination under this clause every 90 days thereafter as to whether or not the requirements of this clause can be met.
</text>
</clause>
<clause id="HAAF081EEEE4C45C2A4B18F0F387D10A3">
<enum>
(ii)
</enum>
<header>
Strategy
</header>
<text display-inline="yes-display-inline">
If the President determines that the requirements of clause (i) can be met, then not later than 60 days after the date of such affirmative determination, the President shall develop and submit to the appropriate congressional committees a strategy to seek to ensure that the requirements of clause (i) are met by the end of the 1-year period beginning on such date of submission.
</text>
</clause>
<clause id="H1F6F3E19A25F4075BC82903D60A71415">
<enum>
(iii)
</enum>
<header>
Future exceptions
</header>
<subclause id="H75C07FE42B45467DB850CBF2DD09928C">
<enum>
(I)
</enum>
<header>
Affirmative determination
</header>
<text display-inline="yes-display-inline">
If the President determines that the strategy described in clause (ii) was achieved, then each country described in clause (i) shall be eligible to receive one or more further exceptions under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph.
</text>
</subclause>
<subclause id="HAEE5682F921B455E83F81CF3B76286C0">
<enum>
(II)
</enum>
<header>
Negative determination
</header>
<text display-inline="yes-display-inline">
Except as provided in subclause (III), if the President determines that the strategy described in clause (ii) was not achieved, then each country described in clause (i) shall be ineligible to receive any further exception under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph.
</text>
</subclause>
<subclause id="H6118D16E8CE34E949663708E8A12B2E4">
<enum>
(III)
</enum>
<header>
Exception
</header>
<item id="H371CADD82AE9459497FD0D57EEC73DCC">
<enum>
(aa)
</enum>
<header>
In general
</header>
<text>
Subclause (II) shall not apply with respect to a country described in clause (i) if the country—
</text>
<subitem id="H70C65C472DD0413E92764C27ADF191CA">
<enum>
(AA)
</enum>
<text>
dramatically reduced its crude oil purchases from Iran or of Iranian origin during the 1-year period described in clause (ii); and
</text>
</subitem>
<subitem id="H485F7C73AA4B40B5BD02F8FE98D2B21D">
<enum>
(BB)
</enum>
<text display-inline="yes-display-inline">
has committed itself to continue to reduce its crude oil purchases from Iran or of Iranian origin to a de minimis level.
</text>
</subitem>
</item>
<item id="H95EC3FB8C9BA4D19B6CCEA5EF1AE9690">
<enum>
(bb)
</enum>
<header>
Data
</header>
<text>
The President shall submit to the appropriate congressional committees all data used to make a determination under item (aa) not later than 15 days before issuing an exception under item (aa).
</text>
</item>
</subclause>
</clause>
<clause id="HF31924A45AAA433290132BD318ED2E04">
<enum>
(iv)
</enum>
<header>
Appropriate congressional committees
</header>
<text>
In this subparagraph, the term
<term>
appropriate congressional committees
</term>
means—
</text>
<subclause id="H4629E3546F0A4297AF7C0C05B14A1585">
<enum>
(I)
</enum>
<text>
the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and
</text>
</subclause>
<subclause id="H79BE2C020E284C28A7806EB7E7C97D6F">
<enum>
(II)
</enum>
<text>
the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.
</text>
</subclause>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H36AE983C647F40E1B605AB70F853B06D">
<enum>
(d)
</enum>
<header>
Definition of crude oil
</header>
<text>
Section 1245(d)(4)(D) of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8513a">
22 U.S.C. 8513a(d)(4)(D)
</external-xref>
) is amended by adding at the end the following new clause:
</text>
<quoted-block display-inline="no-display-inline" id="H21EF3865FC2F438FAD54B4BCC0D98E1A" style="OLC">
<clause id="H93E57BCE7DED48158E3B2DD64A261AF4">
<enum>
(iii)
</enum>
<header>
Crude oil
</header>
<text display-inline="yes-display-inline">
In this subparagraph, the term
<quote>
crude oil
</quote>
includes unfinished oils, liquefied petroleum gases, distillate fuel oil, and residual fuel oil.
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HF0B99B3587804318916DA7EB1DC80955">
<enum>
(e)
</enum>
<header>
Waiver
</header>
<text>
Section 1245(d)(5)(A) of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8513a">
22 U.S.C. 8513a(d)(5)(A)
</external-xref>
) is amended by striking
<quote>
in the national
</quote>
and inserting
<quote>
vital to the national
</quote>
.
</text>
</subsection>
<subsection id="H5D7E927E0965450DA626D0EA1262127F">
<enum>
(f)
</enum>
<header>
Definitions of
<quote>
significant reduction
</quote>
</header>
<text>
Section 1245(h)(3) of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8513a">
22 U.S.C. 8513a(h)(3)
</external-xref>
) is amended—
</text>
<paragraph id="H1F5DAE62B291438385C9D5B0C75E1DE1">
<enum>
(1)
</enum>
<text>
by striking
<quote>
price or volume
</quote>
and inserting
<quote>
price and volume
</quote>
; and
</text>
</paragraph>
<paragraph id="H0DA8BF01A2B4455E9F26852BFFD4272F">
<enum>
(2)
</enum>
<text>
by adding at the end before the period the following:
<quote>
and at least a pro rata amount totaling, in the aggregate, not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subsection (d)(4)(E)(ii)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H84B8D780005F43AFAAEB195277304940">
<enum>
(g)
</enum>
<header>
Effective date
</header>
<text display-inline="yes-display-inline">
The amendments made by this section take effect beginning on the date that is 180 days after the date of the enactment of this Act.
</text>
</subsection>
</section>
<section id="HADA54B6800EE4F2EAAF18F166277F76D">
<enum>
222.
</enum>
<header>
Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran
</header>
<subsection id="H4EFFDFE65BC645ABABAAEA405108B32E">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text display-inline="yes-display-inline">
Subsection (a)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8803">
22 U.S.C. 8803
</external-xref>
) is amended by striking
<quote>
and shipbuilding
</quote>
and inserting
<quote>
shipbuilding, automotive, construction, engineering, or mining
</quote>
.
</text>
</subsection>
<subsection id="H3D1DA418D44B475EBD498F650F9B0360">
<enum>
(b)
</enum>
<header>
Designation of ports, special economic zones, free economic zones, and entities in strategic sectors as entities of proliferation concern
</header>
<text display-inline="yes-display-inline">
Subsection (b) of such section is amended—
</text>
<paragraph id="HF233F63571C046619AE74C2DA7640665">
<enum>
(1)
</enum>
<text>
in the subsection heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
and entities in the energy, shipping, and shipbuilding sectors
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
, special economic zones, free economic zones, and entities in strategic sectors
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="H5ABF3634F12344378A76E96A8B533FCA">
<enum>
(2)
</enum>
<text>
by striking
<quote>
and entities in the energy, shipping, and shipbuilding sectors
</quote>
and inserting
<quote>
, entities that operate special economic zones or free economic zones, and entities in strategic sectors (as defined in subsection (c)(4))
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HA9BA8DAB0B0443638D8EAFEA13C64F7C">
<enum>
(c)
</enum>
<header>
Blocking of property of ports, special economic zones, free economic zones, and entities in strategic sectors
</header>
<text display-inline="yes-display-inline">
Subsection (c) of such section is amended—
</text>
<paragraph id="HF891CDA63618409393387771245A9CA2">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in the subsection heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
entities in energy, shipping, and shipbuilding sectors
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
ports, special economic zones, free economic zones, and entities in strategic sectors
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="H7DBE955CFFD54737A624C484A7F2AA8F">
<enum>
(2)
</enum>
<text>
in paragraph (2)—
</text>
<subparagraph id="H584B67AA1D664D54977D87077FE6D125">
<enum>
(A)
</enum>
<text>
by striking
<quote>
the energy, shipping, or shipbuilding sectors
</quote>
each place it appears and inserting
<quote>
a strategic sector (as defined in paragraph (4)(A))
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H824ACDF5B32C48BE8373A9C19B386C7E">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
by inserting
<quote>
, special economic zone, or free economic zone
</quote>
after
<quote>
port
</quote>
each place it appears; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H3113BF9BAAAC48F2AAA82D0626CE132E">
<enum>
(3)
</enum>
<text>
by adding at the end the following new paragraphs:
</text>
<quoted-block display-inline="no-display-inline" id="H4E0831FA2D1B4140B9E76A77D348CEDD" style="OLC">
<paragraph id="HBA5408358EC84529A1B9DAEA1E3411B4">
<enum>
(4)
</enum>
<header>
Strategic sector defined
</header>
<text>
In this section, the term
<quote>
strategic sector
</quote>
means—
</text>
<subparagraph id="H994D2283B32542F2B18BE627A42803F4">
<enum>
(A)
</enum>
<text>
the energy, shipping, shipbuilding, automotive, or mining sector of Iran; and
</text>
</subparagraph>
<subparagraph id="H823142C72C494741BF1DD337AD90B6C2">
<enum>
(B)
</enum>
<text>
the construction or engineering sector of Iran if the President determines and reports to Congress not later than 45 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013 that the construction or engineering sector of Iran, as the case may be, is of strategic importance to Iran.
</text>
</subparagraph>
</paragraph>
<paragraph id="H8B8E411726B244FABF06FBB7E2A98132">
<enum>
(5)
</enum>
<header>
Notification and report relating to strategic sectors
</header>
<subparagraph id="HAC589ED612514462999EE76894980171">
<enum>
(A)
</enum>
<header>
Notification
</header>
<text display-inline="yes-display-inline">
The President shall submit to Congress a notification of the designation of a sector as a strategic sector of Iran for purposes of paragraph (4)(C) not later than 30 days after the date on which the President makes such designation.
</text>
</subparagraph>
<subparagraph id="H1D03026F04D245138A6CBCAA39785101">
<enum>
(B)
</enum>
<header>
Report
</header>
<text display-inline="yes-display-inline">
Not later than 90 days after the date on which the President submits to Congress a notification of the designation of a sector as a strategic sector of Iran under subparagraph (A), the Comptroller General of the United States shall submit to Congress a report that contains—
</text>
<clause id="H261B33B47649404385A355D0FB621134">
<enum>
(i)
</enum>
<text>
a review and comment on such designation; and
</text>
</clause>
<clause id="H8C7220DFAECD4CF2AB8CF5DBCB6FF925">
<enum>
(ii)
</enum>
<text>
recommendations regarding the designation of additional sectors as strategic sectors of Iran for purposes of paragraph (4).
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H1E392F8208FE4589BC0B14FFEB399841">
<enum>
(d)
</enum>
<header>
Additional sanctions with respect to strategic sectors
</header>
<text>
Subsection (d) of such section is amended—
</text>
<paragraph id="H401D11734A1D448CA01D6A0BAB6E4553">
<enum>
(1)
</enum>
<text>
in the subsection heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
the energy, shipping, and shipbuilding sectors
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
strategic sectors
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="HC00BBDE8253C4CF4949000F8821F4E1F">
<enum>
(2)
</enum>
<text>
in paragraph (3), by striking
<quote>
the energy, shipping, or shipbuilding sectors
</quote>
and inserting
<quote>
a strategic sector (as defined in subsection (c)(4)(A))
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HEEB25DD1487B4C1A8E55AAE240624BC2">
<enum>
(e)
</enum>
<header>
Exception for Afghanistan reconstruction
</header>
<text>
Subsection (f) of such section is amended—
</text>
<paragraph id="H481085FCD9734DD5AE81B85C44A3296A">
<enum>
(1)
</enum>
<text>
in the matter preceding paragraph (1), by inserting
<quote>
for a period of not more than 1 year, and may renew that exception for additional periods of not more than 1 year
</quote>
after
<quote>
economic development for Afghanistan
</quote>
;
</text>
</paragraph>
<paragraph id="H79622E7EF07743CDB77DAF00EDE9D26C">
<enum>
(2)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="H993207AAA09A416CA33D60E5EE0887BA">
<enum>
(A)
</enum>
<text>
by striking
<quote>
to the extent that
</quote>
and inserting
<quote>
if
</quote>
;
</text>
</subparagraph>
<subparagraph id="HFD108FE1FBE94D6B8396DDF5EC980C83">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
or the renewal of the exception, as the case may be,
</quote>
after
<quote>
such an exception
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA0C5AF4FD51F4197A46E08895D17345B">
<enum>
(C)
</enum>
<text>
by striking
<quote>
in the national interest
</quote>
and inserting
<quote>
in the national security interest
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H7843BB22A56E48B08CB0BBF9E5CC46EC">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in paragraph (2)—
</text>
<subparagraph id="H4BC91532DDFC40B4A00453D9EAD35134">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
or the renewal of the exception, as the case may be,
</quote>
before
<quote>
not later than 15 days
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H6310886A17CB4864899A17E04374F635">
<enum>
(B)
</enum>
<text>
by inserting at the end before the period the following:
<quote>
or the renewal of the exception
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H2A58D837CB204DE083DF9EDE37BDBA87">
<enum>
(f)
</enum>
<header>
Conforming amendment
</header>
<text display-inline="yes-display-inline">
Such section is further amended in the section heading by striking
<quote>
<header-in-text level="section" style="OLC">
the energy, shipping, and shipbuilding sectors
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
ports, special economic zones, free economic zones, and strategic sectors
</header-in-text>
</quote>
.
</text>
</subsection>
<subsection id="H4EE8265757CE4E3099622CF816BAB242">
<enum>
(g)
</enum>
<header>
Effective date
</header>
<text>
The amendments made by this section—
</text>
<paragraph id="H94BBF3A5232E412E95E27E4FAD171488">
<enum>
(1)
</enum>
<text>
take effect on the date that is 90 days after the date of the enactment of this Act; and
</text>
</paragraph>
<paragraph id="H35A0C0DE571944FE8DFB8159E80675B8">
<enum>
(2)
</enum>
<subparagraph display-inline="yes-display-inline" id="H036314F33B96498C92D450083101159A">
<enum>
(A)
</enum>
<text>
with respect to subsection (c) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, as so amended, apply with respect to all transactions in all property and interests in property of any person described in subsection (c)(2) of such section that occur on or after the date that is 180 days after such date of enactment; and
</text>
</subparagraph>
<subparagraph id="H60CCC327D2E74E0AB3313BCD3C247025" indent="up1">
<enum>
(B)
</enum>
<clause display-inline="yes-display-inline" id="H81174D35C2F74219986777CB780A1138">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
with respect to subsection (d)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment; and
</text>
</clause>
<clause id="HC5E34ECD2AB249DCAFC2F4A00D5C5471" indent="up1">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
with respect to subsection (d)(2) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the conduct or facilitation of a significant financial transaction for the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H18047893FDA74F7D8437302B46511870">
<enum>
223.
</enum>
<header>
Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran
</header>
<text display-inline="no-display-inline">
Section 1245 of the National Defense Authorization Act for Fiscal Year 2013 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8804">
22 U.S.C. 8804
</external-xref>
) is amended—
</text>
<paragraph id="H3894BFB978624CC2AF1248055D6B2107">
<enum>
(1)
</enum>
<text>
by redesignating subsection (h) as subsection (i); and
</text>
</paragraph>
<paragraph id="H5AC67E5D53BB4A93BCED470CE527D31E">
<enum>
(2)
</enum>
<text>
by inserting after subsection (g) the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H54CFAD2E8DCF49F3A7A5014C1A04A748" style="OLC">
<subsection id="H173C0DACEC6A4D8C97421F511F73E319">
<enum>
(h)
</enum>
<header>
Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran
</header>
<paragraph id="H3FCB18BC669548DA8C64A4C68BB76E36">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Not later than 90 days after the date of the enactment of Nuclear Iran Prevention Act of 2013, and every 90 days thereafter, the President shall submit to the appropriate congressional committees a report on each determination of the President during the preceding 90-day period not to impose sanctions under subsection (a) or (c) with respect to a person who allegedly sells, supplies, or transfers precious metals, directly or indirectly, to or from Iran, together with the reasons for such determination.
</text>
</paragraph>
<paragraph id="HEFBCCE177FF744BCBF53837A209F4132">
<enum>
(2)
</enum>
<header>
Form
</header>
<text>
The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H99F2684FB35D4A40B24DFD42A3C3CF68">
<enum>
224.
</enum>
<header>
Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals
</header>
<text display-inline="no-display-inline">
Section 1247 of the National Defense Authorization Act for Fiscal Year 2013 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8806">
22 U.S.C. 8806
</external-xref>
) is amended—
</text>
<paragraph id="HF1EA67827EB04730A389B9618A8923D7">
<enum>
(1)
</enum>
<text>
by redesignating subsection (f) as subsection (g); and
</text>
</paragraph>
<paragraph id="HE7E65C7DCD2D48599DF4C029B19A7E71">
<enum>
(2)
</enum>
<text>
by inserting after subsection (e) the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H4AD1157F3A814043BFDD59104C54C54B" style="OLC">
<subsection id="H8C0B258ABA9C43598BD0B0C1734D4865">
<enum>
(f)
</enum>
<header>
Persons owned or controlled by specially designated nationals
</header>
<paragraph id="H7DAB6F97743A42DB98CB51149B4568DB">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
The President shall impose sanctions described in subsection (a) with respect to a foreign financial institution, including but not limited to a foreign central bank, that the President determines has, on or after the date that is 90 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly facilitated a significant financial transaction on behalf of any person determined by the President to be directly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)).
</text>
</paragraph>
<paragraph id="H3D98E66448CA407D9849E6006F8ADA5A">
<enum>
(2)
</enum>
<header>
Sense of Congress
</header>
<text display-inline="yes-display-inline">
It is the sense of Congress that the President routinely should determine on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013 those persons that are directly or indirectly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)).
</text>
</paragraph>
<paragraph id="H884C79852F06485090FB8DBC49651115">
<enum>
(3)
</enum>
<header>
Consideration of data from other countries and nongovernmental organizations
</header>
<text>
The President shall consider credible data already obtained by other countries and nongovernmental organizations in making determinations described in paragraph (1).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H5BE496F385BD44058443D51B108C8DE5">
<enum>
225.
</enum>
<header>
Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013
</header>
<text display-inline="no-display-inline">
Subtitle D of title XII of the National Defense Authorization Act for Fiscal Year 2013 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8801">
22 U.S.C. 8801 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="H113733E7BDF84D4894A8CBE028A5AE28">
<enum>
(1)
</enum>
<text>
in section 1244—
</text>
<subparagraph id="H3D9E8AAC37C94DEB9E603B39030D25CE">
<enum>
(A)
</enum>
<text>
in subsection (c)(1)—
</text>
<clause id="H862E0DBE07DE4D9E9353953809E1B36F">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
(1)
<header-in-text level="paragraph" style="OLC">
Blocking of property
</header-in-text>
.—
</quote>
and all that follows through
<quote>
On and after
</quote>
and inserting
<quote>
(1)
<header-in-text level="paragraph" style="OLC">
Blocking of property
</header-in-text>
.—On and after
</quote>
; and
</text>
</clause>
<clause id="H8CE9C3AC7BAC49CA815B86A940FB4A8C">
<enum>
(ii)
</enum>
<text>
by striking subparagraph (B); and
</text>
</clause>
</subparagraph>
<subparagraph id="HDC2BEE92BC22463084251A67140F93E6">
<enum>
(B)
</enum>
<text>
in subsection (d)(1)—
</text>
<clause id="HE75E3146D2554F9C9DF59079FA453FD0">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
(1)
<header-in-text level="paragraph" style="OLC">
Sale, supply, or transfer of certain goods and services
</header-in-text>
.—
</quote>
and all that follows through
<quote>
Except as provided
</quote>
and inserting
<quote>
(1)
<header-in-text level="paragraph" style="OLC">
Sale, supply, or transfer of certain goods and services
</header-in-text>
.—Except as provided
</quote>
; and
</text>
</clause>
<clause id="H2AE56FDF08A544AA80A840754F574494">
<enum>
(ii)
</enum>
<text>
by striking subparagraph (B);
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H6275EE92890742FFA7C1F38D612AB925">
<enum>
(2)
</enum>
<text>
in section 1245(a)—
</text>
<subparagraph id="H8437815618114A95886753A347C0F748">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
(a)
<header-in-text level="subsection" style="OLC">
sale, supply, or transfer of certain materials
</header-in-text>
.—
</quote>
and all that follows through
<quote>
The President
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
sale, supply, or transfer of certain materials
</header-in-text>
.—The President
</quote>
;
</text>
</subparagraph>
<subparagraph id="H4AAF830A5CCA4D5BB680A334882BCE32">
<enum>
(B)
</enum>
<text>
by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly);
</text>
</subparagraph>
<subparagraph id="H8B1960BD604A48BB92A58E84D3E6A73D">
<enum>
(C)
</enum>
<text>
in paragraph (3)(B) (as redesignated by subparagraph (B) of this paragraph)—
</text>
<clause id="H468CF9C2968A41FA82AF146A49E3DBA8">
<enum>
(i)
</enum>
<text>
in clause (i), by striking
<quote>
subclause (I) of clause (i)
</quote>
and inserting
<quote>
clause (i) of subparagraph (A)
</quote>
;
</text>
</clause>
<clause id="HDB72F9C5C3A54FB69AD946BED2C6D00E">
<enum>
(ii)
</enum>
<text>
in clause (ii), by striking
<quote>
subclause (II) of that clause
</quote>
and inserting
<quote>
clause (ii) of that subparagraph
</quote>
; and
</text>
</clause>
<clause id="H3E2165924E834AE28F9EF774CCBDC44B">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
in clause (iii), by striking
<quote>
subclause (III) of that clause
</quote>
and inserting
<quote>
clause (iii) of that subparagraph
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H33BA0B51048744DF80486E3CB97C5045">
<enum>
(D)
</enum>
<text>
by striking
<quote>
(2)
<header-in-text level="paragraph" style="OLC">
exception
</header-in-text>
.—
</quote>
and all that follows through
<quote>
paragraph (1).
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H378A839C12254D489D28940CD907A892">
<enum>
(3)
</enum>
<text>
in section 1246(a)—
</text>
<subparagraph id="H60509386821F49D68535400805CD5647">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
(a)
<header-in-text level="subsection" style="OLC">
imposition of sanctions
</header-in-text>
.—
</quote>
and all that follows through
<quote>
Except as provided
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
imposition of sanctions
</header-in-text>
.—Except as provided
</quote>
;
</text>
</subparagraph>
<subparagraph id="H24F2F34709E84A8A99D14A9806E1E58C">
<enum>
(B)
</enum>
<text>
by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); and
</text>
</subparagraph>
<subparagraph id="HDF4B1EE892B3477081ED1FD7BFE77170">
<enum>
(C)
</enum>
<text>
by striking
<quote>
(2)
<header-in-text level="paragraph" style="OLC">
exception
</header-in-text>
.—
</quote>
and all that follows through
<quote>
paragraph (1).
</quote>
; and
</text>
</subparagraph>
</paragraph>
</section>
<section id="HEDCD66FF057A47AFAA498BF59D7A9A80">
<enum>
226.
</enum>
<header>
Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran
</header>
<subsection id="H4FF989E4CBBA40D999575F9B010C5718">
<enum>
(a)
</enum>
<header>
Modification of federal acquisition regulation
</header>
<text display-inline="yes-display-inline">
Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person under common ownership or control with the person, does not sell goods, services, or technology to, or conduct any other transaction with, Iran for which sanctions may be imposed under this Act.
</text>
</subsection>
<subsection id="H945F48DD7D3C417498B4409F36F70262">
<enum>
(b)
</enum>
<header>
Remedies
</header>
<paragraph id="HCC8614E2BD90461F97B2CB44E9D4DCFD">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
If the head of an executive agency determines that a person has submitted a false certification under subsection (a) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this section becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations.
</text>
</paragraph>
<paragraph id="HA20029E7819445A9A4CB1BC498891B1D">
<enum>
(2)
</enum>
<header>
Inclusion on list of parties excluded from federal procurement and nonprocurement programs
</header>
<text>
The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under paragraph (1).
</text>
</paragraph>
</subsection>
<subsection id="H825D17AB69F54F1DA4C660159CE35591">
<enum>
(c)
</enum>
<header>
Rule of construction
</header>
<text>
This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (a).
</text>
</subsection>
<subsection id="H7B251B352A1A441685522B3CBEB8AFBB">
<enum>
(d)
</enum>
<header>
Waivers
</header>
<paragraph id="HA6099C47854D4B85A780FD2F49354552">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The President may on a case-by-case basis waive the requirement that a person make a certification under subsection (a) if the President determines and certifies in writing to the congressional committees described in paragraph (2) that it is essential to the national security interests of the United States to do so.
</text>
</paragraph>
<paragraph id="H3985D4E4673844D2BED45C9CDB4300E6">
<enum>
(2)
</enum>
<header>
Congressional committees described
</header>
<text display-inline="yes-display-inline">
The congressional committees referred to in paragraph (1) are—
</text>
<subparagraph id="H9CD88D49E073425C8DD2F6036EEBC550">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Oversight and Government Reform of the House of Representatives; and
</text>
</subparagraph>
<subparagraph id="HD69B09F93DE3401E856D53301F4E219B">
<enum>
(B)
</enum>
<text>
the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection commented="no" id="H2315D28D5F694D65A5DD38979CEC167C">
<enum>
(e)
</enum>
<header>
Definitions
</header>
<text>
In this section:
</text>
<paragraph commented="no" display-inline="no-display-inline" id="HE2A91F7AAF094A05BFECA2AD9FFD2D64">
<enum>
(1)
</enum>
<header>
Executive agency
</header>
<text display-inline="yes-display-inline">
The term
<term>
executive agency
</term>
has the meaning given that term in
<external-xref legal-doc="usc" parsable-cite="usc/41/133">
section 133
</external-xref>
of title 41, United States Code.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HC43A0D05D7A24C27BC6CF9EACF45C1CD">
<enum>
(2)
</enum>
<header>
Federal Acquisition Regulation
</header>
<text display-inline="yes-display-inline">
The term
<term>
Federal Acquisition Regulation
</term>
means the regulation issued pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/41/1303">
section 1303(a)(1)
</external-xref>
of title 41, United States Code.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="HBDEF5578E3C34D61BE2EEFAFC9234C91">
<enum>
(f)
</enum>
<header>
Applicability
</header>
<text>
The revisions to the Federal Acquisition Regulation required under subsection (a) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of this Act.
</text>
</subsection>
</section>
<section id="H2707740952AA4E7599CD879FBDC48335">
<enum>
227.
</enum>
<header>
Conditions for entry and operation of vessels
</header>
<subsection id="H7BE9137D89D042EEAD8BFE99A6F6D76A">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
The Ports and Waters Safety Act (
<external-xref legal-doc="usc" parsable-cite="usc/33/1221">
33 U.S.C. 1221 et seq.
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="HA685C62749C246279A0526D92C611075" style="OLC">
<section id="HEE2F1D311E7F480D8CD9C1CEAF326FB9">
<enum>
16.
</enum>
<header>
Prohibition on entry and operation
</header>
<subsection id="HAA2FB7C821164931ACA00208A1692FB0">
<enum>
(a)
</enum>
<header>
Prohibition
</header>
<paragraph id="HAA92175F7E11400D86B167DE8AC491BA">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
No foreign vessel described in subsection (b) shall enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States.
</text>
</paragraph>
<paragraph id="H8E5C96D3EC9B4BCD802C325AA2546CBF">
<enum>
(2)
</enum>
<header>
Limitation on Application
</header>
<text display-inline="yes-display-inline">
Paragraph (1) shall not apply with respect to a vessel described in subsection (b)(2) on and after any date on which the Secretary of State determines that the vessel is no longer registered as described in that subsection. The Secretary of State shall publish a notice of each such determination in the Federal Register.
</text>
</paragraph>
</subsection>
<subsection id="HDC074795EF1E4D4AAEE9CFBB6C5CD87B">
<enum>
(b)
</enum>
<header>
Vessels described
</header>
<text>
A vessel referred to in subsection (a) is a foreign vessel for which a Notice of Arrival is required to be filed under
<external-xref legal-doc="regulation" parsable-cite="cfr/33/160">
section 160
</external-xref>
of title 33, Code of Federal Regulations, as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013, and that—
</text>
<paragraph id="HD3A23A785A59471F9CCBCCC98F16EF1A">
<enum>
(1)
</enum>
<text>
is on a list of vessels published in Federal Register under subsection (c)(2); or
</text>
</paragraph>
<paragraph id="H8B8D380D07E24869BFA644FDD1F2B405">
<enum>
(2)
</enum>
<text>
more than 180 days after the publication of such a list, is registered, pursuant to the Geneva Convention on the High Seas (13 U.S.T. 2312; TIAS 5200; 450 UNTS 82), by a government the agents or instrumentalities of which are maintaining a registration of a vessel that is included in such list.
</text>
</paragraph>
</subsection>
<subsection id="H1DFF55DC673B450E89BDD5C6BA174B84">
<enum>
(c)
</enum>
<header>
Information and publication
</header>
<text>
The Secretary of Transportation, in consultation with the Secretary of State, shall—
</text>
<paragraph id="HEFA67A6A589144BE9785E2B1BEBAAAAF">
<enum>
(1)
</enum>
<text>
maintain timely information on registrations of all foreign vessels over 300 gross tons that are—
</text>
<subparagraph id="H5C954155D570418F9ACA1AD4A9970DC3">
<enum>
(A)
</enum>
<text>
owned or operated by or on behalf of—
</text>
<clause id="H3D34C9A41E4249C3B4DB5C61CBF8F808">
<enum>
(i)
</enum>
<text>
the National Iran Tanker Company or the Islamic Republic of Iran Shipping Line; or
</text>
</clause>
<clause id="HD6B2CDF1BD8A44E28CA802B36F6F12E9">
<enum>
(ii)
</enum>
<text>
any successor to an entity referred to in clause (i); or
</text>
</clause>
</subparagraph>
<subparagraph id="H22E096B2142F417893558F497405ECE3">
<enum>
(B)
</enum>
<text>
otherwise owned or operated by or on behalf of Iran; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H5959C306357D420C95B984370C25D94A">
<enum>
(2)
</enum>
<text>
publish in the Federal Register a list of vessels described in paragraph (1), including periodic updates of such list.
</text>
</paragraph>
</subsection>
<subsection id="H07BB19CD4A304D4EBD884444D235A792">
<enum>
(d)
</enum>
<header>
Notification of governments
</header>
<text>
The Secretary of State shall notify each government the agents or instrumentalities of which are maintaining a registration of a foreign vessel that is included on the list published under subsection (c)(2), that all vessels registered under such government’s authority are subject to the prohibition under subsection (a) if more than 180 days after such publication the government continues to maintain a registration for a vessel that is included on the list published under subsection (c)(2).
</text>
</subsection>
<subsection id="HE0CB582F903946D59739F8A4C650C093">
<enum>
(e)
</enum>
<header>
Notification of vessels
</header>
<text>
Upon receiving a Notice of Arrival under
<external-xref legal-doc="regulation" parsable-cite="cfr/33/160">
section 160
</external-xref>
of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013) from a vessel described in (b), the Secretary shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States, unless—
</text>
<paragraph id="H96766413BBD7404FAB493B2CCA058AC1">
<enum>
(1)
</enum>
<text>
the Secretary has made a determination described in subsection (a)(2); or
</text>
</paragraph>
<paragraph id="H50A2FBEE4B4D4E74929F4E841199E30E">
<enum>
(2)
</enum>
<text>
the Secretary allows provisional entry of the vessel, or transfer of cargo from the vessel, under subsection (f).
</text>
</paragraph>
</subsection>
<subsection id="H0E6D392B67F545E596B6C57FE4DC3225">
<enum>
(f)
</enum>
<header>
Provisional entry or cargo transfer
</header>
<text>
Notwithstanding subsection (e), the Secretary may allow provisional entry of, or transfer of cargo from, a foreign vessel described in subsection (b), if such entry or transfer is necessary for the safety of the vessel or persons aboard.
</text>
</subsection>
<subsection id="HB0269F72D05E403F9B1F0FA13FEBBAEF">
<enum>
(g)
</enum>
<header>
Right of innocent passage
</header>
<text>
This section shall not be construed as authority to restrict the right of innocent passage as recognized under international law.
</text>
</subsection>
<subsection id="H732E2E1139AA4EB0981ACDBF5F6E3F2A">
<enum>
(h)
</enum>
<header>
Foreign vessel defined
</header>
<text>
In this section the term
<quote>
foreign vessel
</quote>
has the meaning given that term in
<external-xref legal-doc="usc" parsable-cite="usc/46/110">
section 110
</external-xref>
of title 46, United States Code.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HD98B41D44C8E4F58904841CB4E0C260A">
<enum>
(b)
</enum>
<header>
Deadline for publication
</header>
<text>
The Secretary shall publish a list under section 16(c)(2) of the Ports and Waterways Safety Act, as amended by this section, by not later than 180 days after the date of the enactment of this Act.
</text>
</subsection>
<subsection id="H1860B6DE3DCC49D79660AC9EE8FDC546">
<enum>
(c)
</enum>
<header>
Conforming Amendments
</header>
<paragraph id="H45FB278F190344279405B911E50FA16A">
<enum>
(1)
</enum>
<text>
Section 13(e) of the Ports and Waterways Safety Act (
<external-xref legal-doc="usc" parsable-cite="usc/33/1232">
33 U.S.C. 1232(e)
</external-xref>
) is amended by striking
<quote>
section 9
</quote>
and inserting
<quote>
sections 9 and 16
</quote>
.
</text>
</paragraph>
<paragraph id="H8C190F995A70433882D4D0AA79156C58">
<enum>
(2)
</enum>
<text>
Section 4(b)(2) of the Ports and Waterways Safety Act (
<external-xref legal-doc="usc" parsable-cite="usc/33/1223">
33 U.S.C. 1223(b)(2)
</external-xref>
) is amended by striking
<quote>
section 9
</quote>
and inserting
<quote>
section 9 or 16
</quote>
.
</text>
</paragraph>
</subsection>
</section>
</subtitle>
</title>
<title id="H04DC6B9B49A74F68893D027AF0E509A4">
<enum>
III
</enum>
<header>
Additional authorities to prevent censorship activities in Iran
</header>
<section id="HB5A5E0E0F54543B289D6AF339C20DB7B">
<enum>
301.
</enum>
<header>
Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting
</header>
<subsection id="H4527B37DFFAD4AEDADBB0673BA214DAF">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the following:
</text>
<paragraph id="HC49E9216DCE44849B798451A26DECF74">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
The current status of availability of the Islamic Republic of Iran Broadcasting (IRIB) on international satellites, entities that facilitate its operation by providing services or equipment, and the technical means that it engages in jamming.
</text>
</paragraph>
<paragraph id="H0E20D1A675A3458F9B9EEC96525E7414">
<enum>
(2)
</enum>
<text>
The instances, since January 1, 2012, in which the IRIB engaged in activities that violated Article 19 of the International Covenant on Civil and Political Rights, including broadcasting forced confessions and hate speech against minorities.
</text>
</paragraph>
<paragraph id="H473E9487C93A47C8AA21479134311670">
<enum>
(3)
</enum>
<text>
The instances, since January 1, 2012, in which international broadcasting programs originating from the United States and Europe have been subject to disruption in Iran, with relevant details such as which programs were disrupted, available location information on the origin of the disruption, and the extent of the disruption.
</text>
</paragraph>
</subsection>
<subsection id="H90C785CBBE7F4B4BBE62C185AC04D1A9">
<enum>
(b)
</enum>
<header>
Coordination
</header>
<text display-inline="yes-display-inline">
In developing the report required by subsection (a), the Secretary of State shall coordinate with the Broadcasting Board of Governors, the Secretary of the Treasury, and the heads of other relevant Federal departments and agencies.
</text>
</subsection>
<subsection id="H0F802392896C4327AFDA00F6C1BC6504">
<enum>
(c)
</enum>
<header>
Public availability
</header>
<text display-inline="yes-display-inline">
All unclassified portions of the report required by subsection (a) shall be made publicly available on the Internet web site of the Department of State.
</text>
</subsection>
</section>
<section id="HC89D4A32955C4C86B9A066896A529E1A">
<enum>
302.
</enum>
<header>
List of persons who are high-risk re-exporters of sensitive technologies
</header>
<subsection id="H5E6D4B2682824A44A233DC8E54A901E6">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Commerce, in conjunction with the Secretary of State and the Secretary of the Treasury, shall make publicly available and update as appropriate a list of persons who are high-risk re-exporters of sensitive technologies in order to seek to ensure that the Government of Iran or an entity owned or controlled by that Government is unable to obtain sensitive technologies through the re-export of such sensitive technologies by third-party intermediaries.
</text>
</subsection>
<subsection id="H8E9E33CD678B442F8A2A6274B3CC850F">
<enum>
(b)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
In this section, the term
<quote>
sensitive technology
</quote>
has the meaning given that term in section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8515">
22 U.S.C. 8515
</external-xref>
).
</text>
</subsection>
</section>
<section id="H19F95E896AD147178A6878F92BA4D487">
<enum>
303.
</enum>
<header>
Sense of Congress on provision of intercept technologies to Iran
</header>
<text display-inline="no-display-inline">
It is the sense of Congress that—
</text>
<paragraph id="H1D55A36F94D643149ACD5BF276764E2C">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
those that provide intercept technologies that limit freedom of speech or expression to the Government of Iran should be held accountable for the repression of the Iranian people; and
</text>
</paragraph>
<paragraph id="H4521BF14D0994E0EB09969394E5F26D2">
<enum>
(2)
</enum>
<text>
no person should use an existing contract with the Government of Iran as a justification to continue to supply intercept technologies to the Government of Iran for purposes of restricting the free flow of information.
</text>
</paragraph>
</section>
<section id="H9659B77426F14F7EA9248B85B4B8F244">
<enum>
304.
</enum>
<header>
Sense of Congress on availability of consumer communication technologies in Iran
</header>
<text display-inline="no-display-inline">
It is the sense of Congress that—
</text>
<paragraph id="H33E45CBC40E7415FAEB2A9BAB3A29CE7">
<enum>
(1)
</enum>
<text>
the Department of State should encourage the free flow of information in Iran to counter the Government of Iran’s repression of its own people; and
</text>
</paragraph>
<paragraph id="H926FF371679D415D8646C14A01799C01">
<enum>
(2)
</enum>
<text>
in order to facilitate the free flow of information in Iran, the Department of State should promote the availability of certain consumer communication technologies to Iranian civil society and the Iranian people.
</text>
</paragraph>
</section>
<section id="H89565D03AA9C44FA9FD619EA05A640F9">
<enum>
305.
</enum>
<header>
Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate
</header>
<subsection id="HD0ED1399471F4FEC95290C664265AB51">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8753">
22 U.S.C. 8753
</external-xref>
) is amended—
</text>
<paragraph id="HDF7A13341BDC41FEA30A5368E7793B46">
<enum>
(1)
</enum>
<text>
by redesignating subsection (e) as subsection (f); and
</text>
</paragraph>
<paragraph id="H72477B8352DE4FCABA395E59083DBC7B">
<enum>
(2)
</enum>
<text>
by inserting after subsection (d) the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="HB985AEDABA4A4FD5BC7FD4E430101082" style="OLC">
<subsection id="H050EAC6675FA48769449581683A4D109">
<enum>
(e)
</enum>
<header>
Rule of construction
</header>
<text display-inline="yes-display-inline">
The expedited process for the consideration of complete requests for authorization to engage in the activities described in subsection (a) shall be construed to also apply to the transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate, obtain information, and access the Internet and other communications systems.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HAED8803628B74C0B88DA85E1809F3744">
<enum>
(b)
</enum>
<header>
Effective date
</header>
<text display-inline="yes-display-inline">
The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to requests described in section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012, as so amended, that are submitted to the Office of Foreign Assets Control on or after such date of enactment.
</text>
</subsection>
</section>
</title>
<title id="H0748DCDBCD374152815700F61D4CF93C">
<enum>
IV
</enum>
<header>
Reports and other matters
</header>
<section id="H2538756671364C9AA1979EB690852922">
<enum>
401.
</enum>
<header>
National Strategy on Iran
</header>
<subsection id="H5DF239049E55455188BDC786AB34E425">
<enum>
(a)
</enum>
<header>
National strategy required
</header>
<text>
The President shall develop a strategy, to be known as the
<quote>
National Strategy on Iran
</quote>
, that provides strategic guidance for activities that support the objective of addressing the threats posed by Iran.
</text>
</subsection>
<subsection id="H73AEF7038B0942B6A785FB47ECEB5B68">
<enum>
(b)
</enum>
<header>
Annual report
</header>
<text display-inline="yes-display-inline">
Not later than 180 days after the date of the enactment of this Act or January 30, 2014, whichever occurs first, and every January 30 thereafter, the President shall submit to the appropriate congressional committees the National Strategy on Iran required under subsection (a).
</text>
</subsection>
<subsection id="HDE96886B43F243F389327E8080A55051">
<enum>
(c)
</enum>
<header>
Matters To be included
</header>
<text>
The report required under subsection (b) shall include, at a minimum, the following:
</text>
<paragraph id="H86B36878E38D42F0BBEE798391B809EF">
<enum>
(1)
</enum>
<text>
A description of Iran’s grand strategy and security strategy, including strategic objectives, and the security posture and objectives of Iran.
</text>
</paragraph>
<paragraph id="H8CAE383C160940FE9CC357057F5EF229">
<enum>
(2)
</enum>
<text>
A description of the United States strategy to—
</text>
<subparagraph id="H8C64E560E5F444FD8DF45B1CB83AC0F6">
<enum>
(A)
</enum>
<text>
address and counter the capabilities of Iran’s conventional forces and Iran’s unconventional forces;
</text>
</subparagraph>
<subparagraph id="H65901045320F4D44BB50ADE04B715532">
<enum>
(B)
</enum>
<text>
disrupt and deny Iranian efforts to develop or augment capabilities related to nuclear, unconventional, and missile forces development;
</text>
</subparagraph>
<subparagraph id="HED322E969D0B410AA7F97FE85973CDF0">
<enum>
(C)
</enum>
<text>
address the Government of Iran’s economic strategy to enable the objectives described in this subsection;
</text>
</subparagraph>
<subparagraph id="H9DF6EF75648B4472994836FDCA6E6E6E">
<enum>
(D)
</enum>
<text>
exploit key vulnerabilities; and
</text>
</subparagraph>
<subparagraph id="H2028C91C26254C5FB16E8D019BEC70EC">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
combat Iranian efforts to suppress Internet freedom, including actions of the United States to—
</text>
<clause id="H6C3FD72496094740821F6C9B67A4344F">
<enum>
(i)
</enum>
<text>
work to promote expanded Internet access for democracy activists in Iran;
</text>
</clause>
<clause id="H4E660B6CA6994183A212CE25B6C7A936">
<enum>
(ii)
</enum>
<text>
add a public diplomacy page to the United States’ virtual embassy in Iran; and
</text>
</clause>
<clause id="HE3434BD9073C405BA971FC66E365745F">
<enum>
(iii)
</enum>
<text>
leverage multilateral organizations committed to Internet connectivity in Iran.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HC1DD9520F7CB4F8FA16B1132A2BECC35">
<enum>
(3)
</enum>
<text>
An implementation plan for the United States strategy described in paragraph (2).
</text>
</paragraph>
</subsection>
<subsection id="H7633E9FA2066420AA066A483138D7DC8">
<enum>
(d)
</enum>
<header>
Form
</header>
<text>
The report required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary.
</text>
</subsection>
<subsection id="H2FEC62CE249E484497FF4828926D2169">
<enum>
(e)
</enum>
<header>
Appropriate congressional committees
</header>
<text>
In this section, the term
<term>
appropriate congressional committees
</term>
means—
</text>
<paragraph id="H16504EE86369434A9D35299F15D22D90">
<enum>
(1)
</enum>
<text>
the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and
</text>
</paragraph>
<paragraph id="H873EA92FF717474BB654A9F7EF3DB42E">
<enum>
(2)
</enum>
<text>
the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select Committee on Intelligence of the Senate.
</text>
</paragraph>
</subsection>
</section>
<section id="H15868231E50849ADADDCEF4AB95409E2">
<enum>
402.
</enum>
<header>
Report on Iranian nuclear and economic capabilities
</header>
<subsection id="H434E20DA0FAA4F2E891BDEC848C01EC1">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the following:
</text>
<paragraph id="HCA81241F12A446CB9F55ADB69465A073">
<enum>
(1)
</enum>
<text>
An estimate of the timeline for Iranian capabilities to develop nuclear weapons, including—
</text>
<subparagraph id="HB509A4252A0B492FA795D02D5B9E282B">
<enum>
(A)
</enum>
<text>
an estimate of the period of time it would take Iran to produce enough weapons-grade uranium for a single implosion-type nuclear weapon, taking into account all known relevant technical data;
</text>
</subparagraph>
<subparagraph id="H8660D654EB51436BA892A97CD08719B9">
<enum>
(B)
</enum>
<text>
an estimate of the period of time it would take Iran to produce sufficient separated plutonium for a single nuclear weapon;
</text>
</subparagraph>
<subparagraph id="HDBA662EF495B4FE2855913CBEA99C0CF">
<enum>
(C)
</enum>
<text>
a description of the assumptions underlying the estimates referred to in subparagraphs (A) and (B), and any information about developments that might alter or otherwise affect those assumptions;
</text>
</subparagraph>
<subparagraph id="H3EC366BAA95E477AB8641D82B91CEC79">
<enum>
(D)
</enum>
<text>
an estimate of the date by which the periods of time referred to in subparagraphs (A) and (B) will be less than 45 days; and
</text>
</subparagraph>
<subparagraph id="HE0582CBEF1104B999CF8C7C53BE9DAA7">
<enum>
(E)
</enum>
<text>
a description of any efforts by the United States to increase the frequency of inspections by the International Atomic Energy Agency of nuclear facilities in Iran.
</text>
</subparagraph>
</paragraph>
<paragraph id="H98F78EC054684E4FBD2D59949D999DC0">
<enum>
(2)
</enum>
<text>
An assessment of Iranian strategy and capabilities relating to development of nuclear weapons, including—
</text>
<subparagraph id="H0A6FAB417394424A9D8F084BB9816589">
<enum>
(A)
</enum>
<text>
a summary and analysis of current nuclear weapons capabilities;
</text>
</subparagraph>
<subparagraph id="H5118910C8C6A4D6AA4018AE3935BC145">
<enum>
(B)
</enum>
<text>
an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran to develop its nuclear weapons capabilities;
</text>
</subparagraph>
<subparagraph id="H87C1909CF90F413CB4691308A3D28534">
<enum>
(C)
</enum>
<text>
a summary of the capabilities of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces;
</text>
</subparagraph>
<subparagraph id="H6B07D47A09B04B2FB1149DF7E2CA635C">
<enum>
(D)
</enum>
<text>
a detailed analysis of the effectiveness of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces as delivery systems for a nuclear device;
</text>
</subparagraph>
<subparagraph id="H3FBAD85027E14AA2A9607EA79CCF6FC6">
<enum>
(E)
</enum>
<text>
a description of all efforts of Iran to design and develop a nuclear weapon, including efforts to design or fit warheads, and any other possible military dimensions of the nuclear program of Iran; and
</text>
</subparagraph>
<subparagraph id="H56C0C477FC9A47759AF8DE6B1BA408C3">
<enum>
(F)
</enum>
<text>
an analysis of the procurement network, including the amount and sources of funding expended by Iran on programs to develop a nuclear weapons capability.
</text>
</subparagraph>
</paragraph>
<paragraph id="H83A483D117984AD0AAEDA09AD4700695">
<enum>
(3)
</enum>
<text>
Projected economic effects of international sanctions on Iran, including—
</text>
<subparagraph id="H4292417B805746299A54A5AF4AAB1AA1">
<enum>
(A)
</enum>
<text>
an estimate of the capital accounts, current accounts, and amounts of foreign exchange reserves (including access to foreign exchange reserves) of the Government of Iran, and other leading indicators of the status of the economy of Iran;
</text>
</subparagraph>
<subparagraph id="HBED22BD292364C6A8C26860A95B7B00D">
<enum>
(B)
</enum>
<text>
an estimate of timelines with respect to macroeconomic viability of Iran, including the time by which the Government of Iran will exhaust its foreign exchange reserves;
</text>
</subparagraph>
<subparagraph id="H03C417AB041D4A65832178FDE1073592">
<enum>
(C)
</enum>
<text>
an estimate of the date by which the reserves of the Central Bank of Iran will be insufficient for the Government of Iran to avoid a severe balance of payments crisis that prevents it from maintaining a functioning economy, including—
</text>
<clause id="HA8514391435547C1B78B502FB474F9A5">
<enum>
(i)
</enum>
<text>
the inflation rate, exchange rates, unemployment rate, and budget deficits in Iran; and
</text>
</clause>
<clause id="H6826AA8D50F34820ADD87F4745C3846E">
<enum>
(ii)
</enum>
<text>
other leading macroeconomic indicators used by the International Monetary Fund, professional rating agencies, and other credible sources to assess the economic health of a country;
</text>
</clause>
</subparagraph>
<subparagraph id="H5FF2046E7A99479DA65F536ACA247EB5">
<enum>
(D)
</enum>
<text>
a description of the assumptions underlying the estimate referred to in paragraph (3) and an indication of how changes in each of those assumptions could affect the estimate;
</text>
</subparagraph>
<subparagraph id="HC63DC105618D4AACA23369959D06FCE2">
<enum>
(E)
</enum>
<text>
an assessment of the effect of sanctions imposed with respect to Iran on moving forward the date referred to in subparagraph (C); and
</text>
</subparagraph>
<subparagraph id="H508BFFD856C84570A0471AA603D64F67">
<enum>
(F)
</enum>
<text>
a description of actions taken by the Government of Iran to delay the date referred to in subparagraph (C).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H598F94B877AC407DA2382B5D8BB1188C">
<enum>
(b)
</enum>
<header>
Update
</header>
<text display-inline="yes-display-inline">
The President shall submit to the appropriate congressional committees an update of the report required by subsection (a) every 60 days after the date of submission of the report that includes any pertinent developments to Iranian nuclear or economic capabilities.
</text>
</subsection>
<subsection id="H40002A78FFBC4634B9CBDEF1423E0994">
<enum>
(c)
</enum>
<header>
Form
</header>
<text>
The report required under subsection (a) and the update required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary.
</text>
</subsection>
<subsection id="H64F7EE7C88564FAA90071821EC698AA2">
<enum>
(d)
</enum>
<header>
Definitions
</header>
<text>
In this section:
</text>
<paragraph id="H5FECD153DFE5447DB568B4285C19F301">
<enum>
(1)
</enum>
<header>
Appropriate congressional committees
</header>
<text>
The term
<quote>
appropriate congressional committees
</quote>
means—
</text>
<subparagraph id="H6AB614476CA24BF89FCD7F1AE8D91290">
<enum>
(A)
</enum>
<text>
the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and
</text>
</subparagraph>
<subparagraph id="HB7F85F2D34514A459622E1237EC685EC">
<enum>
(B)
</enum>
<text>
the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate.
</text>
</subparagraph>
</paragraph>
<paragraph id="H84F7DB795AF243278687D201EF67D7E6">
<enum>
(2)
</enum>
<header>
Nuclear explosive device
</header>
<text>
The term
<quote>
nuclear explosive device
</quote>
means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT).
</text>
</paragraph>
</subsection>
</section>
<section id="H829B3543B9D047FB9AE59EBB89832C45">
<enum>
403.
</enum>
<header>
Report on plausibility of expanding sanctions on Iranian oil
</header>
<subsection id="H1223A02EA0E04DD181D8058D8AEDA171">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report assessing the following:
</text>
<paragraph id="H39A098660B5D46538F1C742CF13EE741">
<enum>
(1)
</enum>
<text>
Whether petroleum and petroleum products originating in and exported from Iran are refined and sold outside of Iran.
</text>
</paragraph>
<paragraph id="H58BD8F0F29BF4A9585DA28BAA98C556F">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
Whether products that contain Iranian-origin petroleum or petroleum products as part of their contents are imported into the United States and, if any such products are imported into the United States, whether such importation violates the ban on importation into the United States of Iranian-origin petroleum or petroleum products.
</text>
</paragraph>
<paragraph id="H419197C0372546019D0C6C64AA2A89F0">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
Whether it is feasible to ban the importation into the United States of products described in paragraph (2), regardless of whether the ban on importation into the United States of Iranian-origin petroleum or petroleum products applies to such products.
</text>
</paragraph>
</subsection>
<subsection id="HC64867227B1045AD8490BF112300F8AA">
<enum>
(b)
</enum>
<header>
Basis of report
</header>
<text>
The report required under subsection (a) may be based on publicly-available information and classified information. The information that is not classified information shall be made publically available.
</text>
</subsection>
<subsection id="HC75C07F5928B44288E8ADD1F75A66E31">
<enum>
(c)
</enum>
<header>
Appropriate congressional committees
</header>
<text>
In this section, the term
<quote>
appropriate congressional committees
</quote>
means—
</text>
<paragraph id="H8D6973C272514A4F95557BB131C52746">
<enum>
(1)
</enum>
<text>
the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and
</text>
</paragraph>
<paragraph id="H44A9FB3B7D484225B7B30318C2A9595B">
<enum>
(2)
</enum>
<text>
the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate.
</text>
</paragraph>
</subsection>
</section>
<section id="H79AA45C423AE44EF90B95E1CEF5FA289">
<enum>
404.
</enum>
<header>
GAO report on Iranian strategy to evade current sanctions and other matters
</header>
<text display-inline="no-display-inline">
Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that—
</text>
<paragraph id="HE7ECD653D47A4A7F8F05CA0311ED96E9">
<enum>
(1)
</enum>
<text>
evaluates the strategy of the Government of Iran to evade current economic and financial sanctions; and
</text>
</paragraph>
<paragraph id="H660F14A4D0944398B9ABA30F03118A74">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
specifically evaluates the ability of Iran to successfully diversify its economy beyond its energy sector, thereby lessening the impact and effectiveness of economic and financial sanctions.
</text>
</paragraph>
</section>
<section id="H0158DA1841D44442B42E83A3A881E75E">
<enum>
405.
</enum>
<header>
Authority to consolidate reports required under Iran sanctions laws
</header>
<subsection id="H5A735E40719F468C92D44C3F5C63F531">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Any or all reports required to be submitted to Congress under the provisions of law described in subsection (c) that are subject to a deadline for submission consisting of the same unit of time may be consolidated into a single report that is submitted to Congress pursuant to such deadline.
</text>
</subsection>
<subsection id="HC72DA622209248D09BA07F566A9B8AD0">
<enum>
(b)
</enum>
<header>
Exception
</header>
<text>
Subsection (a) shall not apply with respect to the initial report of any report described in subsection (a).
</text>
</subsection>
<subsection id="H7BAD59BADBC04026B72DC01FA17CF972">
<enum>
(c)
</enum>
<header>
Provisions of law described
</header>
<text>
The provisions of law referred to in this section are the following:
</text>
<paragraph id="H5227EEDDBB024874AE070D42FF0BEA5E">
<enum>
(1)
</enum>
<text>
This Act and the amendments made by this Act.
</text>
</paragraph>
<paragraph id="HBB1C2A26C55F42BE91BF3A0C0048E5A3">
<enum>
(2)
</enum>
<text>
The Iran Freedom and Counter-Proliferation Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8801">
22 U.S.C. 8801 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="H50592BC235F141538B4F6C2A8C5570E8">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
The Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8701">
22 U.S.C. 8701 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="H58BCFA1959C148CA9F63565B0C0A4818">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8501">
22 U.S.C. 8501 et seq.
</external-xref>
).
</text>
</paragraph>
</subsection>
<subsection id="H620C935996074F06A2D53D283B41F3F5">
<enum>
(d)
</enum>
<header>
Effective date
</header>
<text display-inline="yes-display-inline">
This section takes effect on the date of the enactment of this Act and applies with respect to reports required to be submitted to Congress under the provisions of law described in subsection (c) on or after such date of enactment.
</text>
</subsection>
</section>
<section id="HB73CA4660667408DA394BEE8CD296F69">
<enum>
406.
</enum>
<header>
Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012
</header>
<subsection id="H0626327375C94B959EB1BF3397AAB318">
<enum>
(a)
</enum>
<header>
Iran Sanctions Act of 1996
</header>
<text display-inline="yes-display-inline">
Section 14(4)(B) of the Iran Sanctions Act of 1996 (
<external-xref legal-doc="public-law" parsable-cite="pl/104/172">
Public Law 104–172
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701
</external-xref>
note) is amended by striking
<quote>
may include, in the discretion of the President
</quote>
and inserting
<quote>
includes
</quote>
.
</text>
</subsection>
<subsection id="HA820FD946B1F4908B91803950F3C4796">
<enum>
(b)
</enum>
<header>
Iran Threat Reduction and Syria Human Rights Act of 2012
</header>
<text>
Section 211 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8721">
22 U.S.C. 8721
</external-xref>
) is amended by adding at the end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="HFF4017F0C80643649DD09E735B136341" style="OLC">
<subsection id="H0E246CAFFC5A4D999267B84776D96E75">
<enum>
(f)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
In this section, the term
<quote>
appropriate congressional committees
</quote>
includes the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HE325C6F3ACA94076ACD298354BEDAAC1">
<enum>
407.
</enum>
<header>
Rule of construction
</header>
<text display-inline="no-display-inline">
Nothing in this Act or any amendment made by this Act shall be construed to apply with respect to—
</text>
<paragraph id="HF41C0911FD2D452690086FE7B3FA9E36">
<enum>
(1)
</enum>
<text>
any activity relating to a project described in subsection (a) of section 603 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8783">
22 U.S.C. 8783
</external-xref>
) to which the exception under that section applies at the time of the activity; or
</text>
</paragraph>
<paragraph id="HABD63B316BB14A88AC48D2A606705EE4">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
any authorized intelligence activity of the United States.
</text>
</paragraph>
</section>
<section id="H2EDF5721549B4F68A63BBD6BE9C92ADB">
<enum>
408.
</enum>
<header>
Implementation; penalties
</header>
<subsection id="H943DE4F5E8FB4F04B3D065F865F724FA">
<enum>
(a)
</enum>
<header>
Implementation
</header>
<text display-inline="yes-display-inline">
The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act and the amendments made by this Act.
</text>
</subsection>
<subsection id="H0A031497E1744FE7B056D807747136B9">
<enum>
(b)
</enum>
<header>
Penalties
</header>
<text display-inline="yes-display-inline">
The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1705">
50 U.S.C. 1705
</external-xref>
) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any amendment made by this Act or regulations prescribed under this Act to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1705">
50 U.S.C. 1705(a)
</external-xref>
).
</text>
</subsection>
</section>
<section id="HD6BDE9BBE3D54211863FD60351F62627">
<enum>
409.
</enum>
<header>
Severability
</header>
<subsection id="H24D97ECBF3854BECA93C0B630458FE29">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected.
</text>
</subsection>
<subsection id="H9EB1E97F0998465EAE0A858A3F194218">
<enum>
(b)
</enum>
<header>
Effective date under section 214
</header>
<text display-inline="yes-display-inline">
If subsection (d) of section 214 is found to be unconstitutional in accordance with subsection (a), the amendments made by such section 214 take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after such date of enactment.
</text>
</subsection>
</section>
</title>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20130731">
Passed the House of Representatives July 31, 2013.
</attestation-date>
<attestor display="no">
Karen L. Haas,
</attestor>
<role>
Clerk.
</role>
</attestation-group>
</attestation>
<endorsement display="yes"/>
</bill>
| I 113th CONGRESS 1st Session H. R. 850 IN THE HOUSE OF REPRESENTATIVES AN ACT To impose additional human rights and economic and financial sanctions with respect to Iran, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Nuclear Iran Prevention Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and statement of policy. Title I—Human rights and terrorism sanctions Sec. 101. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran. Sec. 102. Prevention of diversion of certain goods, services and technologies to Iran. Sec. 103. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. Sec. 105. Sense of Congress on elections in Iran. Sec. 106. Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran. Title II—Economic and financial sanctions Subtitle A—Amendments to Iran Sanctions Act of 1996 Sec. 201. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium. Sec. 202. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities. Subtitle B—Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012 Sec. 211. Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran. Sec. 212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors. Sec. 213. Sense of Congress regarding the European Central Bank. Sec. 214. Imposition of sanctions with respect to certain transactions in foreign currencies. Sec. 215. Sanctions with respect to certain transactions with Iran. Subtitle C—Other matters Sec. 221. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions. Sec. 222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran. Sec. 223. Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran. Sec. 224. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals. Sec. 225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013. Sec. 226. Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran. Sec. 227. Conditions for entry and operation of vessels. Title III—Additional authorities to prevent censorship activities in Iran Sec. 301. Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting. Sec. 302. List of persons who are high-risk re-exporters of sensitive technologies. Sec. 303. Sense of Congress on provision of intercept technologies to Iran. Sec. 304. Sense of Congress on availability of consumer communication technologies in Iran. Sec. 305. Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate. Title IV—Reports and other matters Sec. 401. National Strategy on Iran. Sec. 402. Report on Iranian nuclear and economic capabilities. Sec. 403. Report on plausibility of expanding sanctions on Iranian oil. Sec. 404. GAO report on Iranian strategy to evade current sanctions and other matters. Sec. 405. Authority to consolidate reports required under Iran sanctions laws. Sec. 406. Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012. Sec. 407. Rule of construction. Sec. 408. Implementation; penalties. Sec. 409. Severability. 2. Findings and statement of policy (a) Findings Congress finds the following: (1) Iran’s acquisition of a nuclear weapons capability would— (A) embolden its already aggressive foreign policy, including its arming of terrorist organizations and other groups, its efforts to destabilize countries in the Middle East, and its efforts to target the United States, United States allies, and United States interests globally; (B) increase the risk that Iran would share its nuclear technology and expertise with extremist groups and rogue nations; (C) destabilize global energy markets, posing a direct and devastating threat to the American and global economy; and (D) likely lead other governments in the region to pursue their own nuclear weapons programs, increasing the prospect of nuclear proliferation throughout the region and effectively ending the viability of the global nonproliferation regime, including the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force on March 5, 1970. (2) A nuclear arms-capable Iran possessing intercontinental ballistic missiles, a development most experts expect could occur within a decade, would pose a direct nuclear threat to the United States. (b) Statement of policy It shall be the policy of the United States to prevent Iran from acquiring a nuclear weapons capability. I Human rights and terrorism sanctions 101. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran (a) In general Section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513(c)(2) ) is amended— (1) in subparagraph (D), by striking or at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (F) facilitates a significant transaction or transactions or provides significant financial services for— (i) a person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or 105C(a); or (ii) a person that exports sensitive technology to Iran and is subject to the prohibition on procurement contracts as described in section 106. . (b) Effective date The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to any activity described in subparagraph (F) of section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (as added by subsection (a)(3) of this section) initiated on or after the date that is 90 days after such date of enactment. (c) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a). 102. Prevention of diversion of certain goods, services and technologies to Iran (a) Definitions Section 301(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8541(1) ) is amended by striking knows or has reason to know and inserting knows, has reason to know, or should have known . (b) Identification of countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran Section 302(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8542(b) ) is amended— (1) in paragraph (1), by striking or at the end; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) that are— (A) items described in the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions); (B) items on the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions; (C) items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; (D) items on the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or (E) items on the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions. . (c) Destinations of diversion concern Section 303(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8543(c) ) is amended— (1) by striking Not later than and inserting the following: (1) In general Not later than ; and (2) by adding at the end the following new paragraph: (2) Additional measures (A) In general Except as provided in this section, the President may impose restrictions on United States foreign assistance or measures authorized under the International Emergency Economic Powers Act with respect to a country designated as a country of diversion concern if the President determines such restrictions or measures would prevent the transfer of United States-origin goods, services, and technology to Iran. (B) Exception The authority to impose sanctions under subparagraph (A) shall not include the authority to impose sanctions relating to the importation of goods. (C) Good defined In this paragraph, the term good has the meaning given that term in section 16 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2415 ) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )). . (d) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to countries identified in any update to the report that is required under section 302(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and submitted to Congress on or after such date of enactment. 103. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Subtitle A of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8741 et seq. ) is amended— (1) by redesignating section 304 as section 305; and (2) by inserting after section 303 the following new section: 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Not later than 30 days after the date of the enactment of this section, the Secretary of State shall determine if Iran’s Revolutionary Guard Corps meets the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (b) Affirmative determination If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps meets the criteria set forth under such section 219, the Secretary shall designate Iran’s Revolutionary Guard Corps as a foreign terrorist organization under such section 219. (c) Negative determination (1) In general If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps does not meet the criteria set forth under such section 219, the Secretary shall submit to the committees of Congress specified in subsection (e) a report that contains a detailed justification as to which criteria have not been met. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (d) Applicability of sanctions to Quds Force The sanctions applied to any entity designated as a foreign terrorist organization as set forth in such section 219 shall be applied to the Iran’s Revolutionary Guard Corps Quds Force. (e) Committees of Congress specified The committees of Congress specified in this subsection are the following: (1) The Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives. (2) The Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate. . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 304 and inserting the following: Sec. 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 305. Rule of construction. . 104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran (a) Finding and sense of Congress Section 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended to read as follows: (a) Finding and sense of Congress (1) Finding Congress finds that Iranian persons holding the following positions in the Government of Iran are ultimately responsible for and have and continue to knowingly order, control, direct and implement gross violations of the human rights of the Iranian people, the human rights of persons in other countries, censorship, and the diversion of food, medicine, medical devices, agricultural commodities and other goods intended for the Iranian people: (A) The Supreme Leader of Iran. (B) The President of Iran. (C) Members of the Council of Guardians. (D) Members of the Expediency Council. (E) The Minister of Intelligence and Security. (F) The Commander of the Iran’s Revolutionary Guard Corps. (G) The Commander of the Basij-e-Mostaz’afin. (H) The Commander of Ansar-e-Hezbollah. (I) The Commander of the Quds Force. (J) The Commander in Chief of the Police Force. (K) Senior officials or key employees of an organization described in any of subparagraphs (C) through (J) or in the Atomic Energy Organization of Iran, the Islamic Consultative Assembly of Iran, the Council of Ministers of Iran, the Assembly of Experts of Iran, the Ministry of Defense and Armed Forces Logistics of Iran, the Ministry of Justice of Iran, the Ministry of Interior of Iran, the prison system of Iran, or the judicial system of Iran. (2) Sense of Congress It is the sense of Congress that— (A) the President should include any Iranian person holding a position in the Government of Iran described in paragraph (1) on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8514(b) , 8514a(b), 8514b(b), or 8514c(b)); and (B) the President should impose sanctions on such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (b) Additional finding and sense of Congress Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Additional finding and sense of Congress (1) Finding Congress finds that other senior officials of the Government of Iran, its agencies and instrumentalities, also have and continue to knowingly order, control, direct, and implement gross violations of the human rights of the Iranian people and the human rights of persons in other countries. (2) Sense of Congress It is the sense of Congress that— (A) the President should investigate violations of human rights described in paragraph (1) to identify other senior officials of the Government of Iran that also have or continue to knowingly order, control, direct, and implement gross violations of human rights of the Iranian people and the human rights of persons in other countries; (B) the President should include any such official on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8514(b) , 8514a(b), 8514b(b), or 8514c(b)); and (C) the President should impose sanctions on any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (c) Report Section 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) (as redesignated by subsection (b) of this section) is amended— (1) by striking Not later than and inserting the following: (A) In general Not later than ; (2) by striking this Act and inserting the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years ; (3) by striking otherwise directing the commission of and inserting otherwise directing— (i) the commission of ; (4) by striking Iran. and inserting Iran; (ii) censorship or related activities with respect to Iran; or (iii) the diversion of goods, food, medicine, medical devices, and agricultural commodities, intended for the people of Iran. ; (5) by striking For any such person and inserting the following: (B) Requirement relating to persons not included For any such person ; and (6) by adding at the end the following new subparagraph: (C) Requirement relating to financial net worth For each such person described in subparagraph (A) and each such person described in subparagraph (B), the Secretary of State shall include in the report a description of the estimated net worth of the person. . (d) Additional report Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251), as amended by this section, is further amended by adding at the end the following new subsection: (d) Additional report (1) In general Not later than 180 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years, the Secretary of State shall submit to the appropriate congressional committees a detailed report with respect to whether each person described in subsection (a) or any family member of such person has facilitated deceptive transactions for or on behalf of any person subject to United States sanctions concerning Iran in violation of Executive Order 13608 of May 1, 2012 (77 Fed. Reg. 26409; 50 U.S.C. 1701 note) or any other provision of law. (2) Family member defined In this subsection, the term family member includes, with respect to a person, any relative of such person to the third degree of consanguinity. . (e) Conforming amendment The heading for section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended by striking committed against and all that follows and inserting , engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. . (f) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 401 and inserting the following: Sec. 401. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. . 105. Sense of Congress on elections in Iran (a) Findings Congress makes the following findings: (1) The Iranian people are systematically denied free, fair, and credible elections by the Government of the Islamic Republic of Iran. (2) The unelected and unaccountable Guardian Council disqualifies hundreds of qualified candidates, including women and most religious minorities, while the regime intimidates others into staying out of elections completely. (3) Voting inconsistencies, including an absence of international observers, and fraud are commonplace. (4) The 2009 presidential elections proved that the regime will engage in large scale vote-rigging to ensure a specific result. (5) The Iranian regime combines electoral manipulation with the ruthless suppression of dissent. Following the 2009 elections, peaceful demonstrators were met with violence by the regime’s security apparatus, including arbitrary detentions, beatings, kidnappings, rapes, and murders. (6) The electoral manipulation and human rights violations are in violation of the Government of Iran’s agreed to obligations under the United Nations International Covenant on Civil and Political Rights. (b) Sense of Congress It is the sense of the Congress that— (1) the Iranian people are deprived by their government of free, fair, and credible elections; (2) the United States should support freedom, human rights, civil liberties, and the rule of law in Iran, and elections that are free and fair, meet international standards, and allow independent international and domestic electoral observers unrestricted access to polling and counting stations; and (3) the United States should support the people of Iran in their peaceful calls for a representative and responsive democratic government that respects human rights, civil liberties, and the rule of law. 106. Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran It is the sense of Congress that the Secretary of State should designate a Special Coordinator position in the Bureau of Near Eastern Affairs whose primary function is to facilitate cooperation across departments for the purpose of advancing human rights and political participation for women in Iran, as well as to prepare evidence and information to be used in identifying Iranian officials for designation as human rights violators for their involvement in violating the human rights of women in Iran. II Economic and financial sanctions A Amendments to Iran Sanctions Act of 1996 201. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium (a) In general Section 5(b) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended by adding at the end the following new paragraph: (3) Transfer to Iran of goods, services, or technology that can be used for mining or milling of uranium Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly transferred, on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013, to Iran goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium. . (b) Conforming amendments Section 5 of such Act is amended in subsection (b)(3), (c), and (f) by striking paragraph (1) or (2) each place it appears and inserting paragraph (1), (2), or (3) . 202. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities Section 9(c)(1) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended— (1) by striking subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (B); and (3) in subparagraph (B) (as redesignated by paragraph (2) of this section)— (A) by striking or (B) each place it appears; and (B) by striking , as applicable . B Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012 211. Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran (a) Application to owners and subsidiaries Subsection (a) of section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( Public Law 111–195 ; 22 U.S.C. 8515 ) is amended— (1) by striking goods or services with a person and inserting the following: goods or services— (1) with a person ; (2) in paragraph (1), as added by paragraph (1) of this subsection, by striking the period at the end and inserting and inserting ; or ; and (3) by adding at the end the following new paragraph: (2) with respect to a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1). . (b) Sensitive technology defined Subsection (c)(1) of such section is amended by striking is to be used specifically and inserting has been designed or specifically modified . (c) Presidential determination and imposition of additional sanctions Such section, as so amended, is further amended by adding at the end the following new subsection: (e) Presidential determination and imposition of additional sanctions The President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) with respect to— (1) a person if the President determines that the person knowingly exports sensitive technology to Iran; or (2) a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1). . (d) Conforming amendment The heading of such section is amended by inserting and imposition of sanctions against after with . (e) Clerical amendment The table of contents for the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended by striking the item relating to section 106 and inserting the following: Sec. 106. Prohibition on procurement contracts with and imposition of sanctions against persons that export sensitive technology to Iran. . (f) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to exports of sensitive technology to Iran that occur on or after such date of enactment. 212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors (a) In general Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8532 ) is amended by striking subsections (a), (b), and (c) and inserting the following: (a) Sense of congress It is the sense of Congress that the United States should respect the decision of any State or local government to divest from or prohibit the investment of assets of the State or local government in a person described in subsection (c) or to impose disclosure and transparency requirements on any person subject to the jurisdiction of such government, except with respect to an activity that is exempt, licensed, or otherwise authorized by a Federal department or agency. (b) Authority Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d)— (1) to divest the assets of the State or local government from a person described in subsection (c); (2) to prohibit investment of the assets of the State or local government in any such person; or (3) to impose disclosure and transparency requirements on any person subject to the jurisdiction of such government, except with respect to an activity that is exempt, licensed, or otherwise authorized by a Federal department or agency. (c) Persons described A person described in this subsection is a person with respect to which sanctions have been, and continue to be, imposed pursuant to— (1) section 104(c) of this Act; (2) section 5 of the Iran Sanctions Act of 1996 ( 50 U.S.C. 1701 note); (3) section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d) ); or (4) sections 1244, 1245, 1246 or 1247 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8803 , 8804, 8805, or 8806). . (b) Conforming amendments Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8532 ) is amended— (1) in subsection (d)(4), by striking engages in investment activities in Iran described in subsection (c) and inserting is a person described in subsection (c) ; (2) in subsection (f), by striking or (i) and inserting or (g) ; (3) by striking subsection (h) and by redesignating subsections (i) and (j) as subsections (h) and (i), respectively; and (4) in paragraph (1) of subsection (i) (as redesignated by paragraph (3) of this subsection), by striking (determined without regard to subsection (c)) . (c) Effective date The amendments made by this section apply to measures adopted by State and local governments on or after the date of the enactment of this Act. 213. Sense of Congress regarding the European Central Bank (a) Findings Congress finds the following: (1) The Government of Iran, its agencies and instrumentalities, continue to have access to, and utilize, euro-denominated transactions, including for goods and services that are subject to sanctions imposed by the United States, the European Union and its member states and by the United Nations. (2) The Guidelines of the European Central Bank (Article 39(1)) states that: Participants shall be deemed to be aware of, and shall comply with, all obligations on them relating to legislation on data protection, prevention of money laundering and the financing of terrorism, proliferation-sensitive nuclear activities and the development of nuclear weapons delivery systems, in particular in terms of implementing appropriate measures concerning any payments debited or credited on their PM accounts. (3) United States and European convergence with respect to United States sanctions efforts toward the Government of Iran is a vital component of United States policy aimed at preventing the Government of Iran from acquiring a nuclear weapons capability. (b) Sense of Congress It is the sense of Congress that the President should continue to closely coordinate and cooperate with the European Union and its member states to restrict access to and use of the euro currency by the Government of Iran, its agencies and instrumentalities, for transactions with the exception of food, medicine, medical devices, and agricultural commodities. 214. Imposition of sanctions with respect to certain transactions in foreign currencies (a) Imposition of sanctions Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 et seq. ) is amended by inserting after section 220 the following: 220A. Imposition of sanctions with respect to certain transactions in foreign currencies (a) In general Except as provided in this section, the President— (1) shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that is a person described in subsection (c); and (2) may impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) with respect to any other person described in subsection (c). (b) Exception The authority to impose sanctions under subsection (a)(2) shall not include the authority to impose sanctions relating to the importation of goods. (c) Person described A person described in this subsection is a person the President determines has— (1) knowingly conducted or facilitated a significant transaction involving the currency of a country other than the country in which the person is operating at the time of the transaction with, for, or on behalf of— (A) the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); or (B) a person described in section 1244(c)(2) of the Iran Freedom and Counter-Proliferation Act ( 22 U.S.C. 8803(c)(2) ) (other than a person described in subparagraph (C)(iii) of that section); or (2) knowingly conducted or facilitated a significant transaction by another person involving the currency of a country other than the country in which that other person is operating at the time of the transaction, with, for, or on behalf of a person described in subparagraph (A) or (B) of paragraph (1). (d) Waiver (1) In general The President may waive the application of subsection (a) with respect to a person for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, if the President— (A) determines that the waiver is vital to the national security of the United States; and (B) not less than 7 days before the waiver or the renewal of the waiver, as the case may be, takes effect, submits a report to the appropriate congressional committees on the waiver and the reason for the waiver. (2) Form of report Each report submitted under paragraph (1)(B) shall be submitted in unclassified form but may include a classified annex. (e) Rule of construction Nothing in this section shall be construed to prohibit any person from, or authorize or require the imposition of sanctions with respect to any person for, conducting or facilitating any transaction in the currency of the country in which the person is operating at the time of the transaction for the sale of agricultural commodities, food, medicine, or medical devices. (f) Definitions In this section: (1) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Agricultural commodity The term agricultural commodity has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5602 ). (3) Foreign financial institution The term foreign financial institution has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (4) Good The term good has the meaning given that term in section 16 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2415 ) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )). (5) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513b(d) ). (6) Medical device The term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (7) Medicine The term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (8) Transaction The term transaction includes a foreign exchange swap, a foreign exchange forward, and any other type of similar currency exchange or conversion or similar derivative instrument. . (b) Conforming amendments (1) Implementation Section 601(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8781(a)(1) ) is amended by inserting 220A, after 220, . (2) Penalties Section 601(b)(2)(A) of such Act ( 22 U.S.C. 8781(b)(2)(A) ) is amended by striking and 220, and inserting 220, and 220A, . (3) Termination Section 605(a) of such Act ( 22 U.S.C. 8785(a) ) is amended by inserting 220A, after 220, . (c) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 220 the following: Sec. 220A. Imposition of sanctions with respect to certain transactions in foreign currencies. . (d) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after May 22, 2013. 215. Sanctions with respect to certain transactions with Iran (a) In general Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 et seq. ) is amended by adding at the end the following new section: 225. Sanctions with respect to certain transactions with Iran (a) Authorization of sanctions (1) In general Except as provided in this section, the President may impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) on a foreign person that the President determines has, on or after the date that is 60 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly conducted or facilitated a significant financial transaction with the Central Bank of Iran or other Iranian financial institution that has been designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act, for— (A) the purchase of goods or services by a person in Iran or on behalf of a person in Iran; or (B) the purchase of goods or services from a person in Iran or on behalf of a person in Iran. (2) Exception (A) In general The authority to impose sanctions under paragraph (1) shall not include the authority to impose sanctions relating to the importation of goods. (B) Good In this paragraph, the term good has the meaning given that term in section 16 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2415 ) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )). (3) Rule of construction Nothing in this section shall be construed to affect the imposition of sanctions with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran under section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648). (b) Exception for overall reductions of exports to and imports from Iran (1) In general The President is authorized not to impose sanctions under subsection (a) on a foreign person if the President determines and submits to the appropriate congressional committees a report that contains a determination of the President that the country with primary jurisdiction over the foreign person has, during the time period described in paragraph (2), significantly reduced the value and volume of imports and exports of goods (other than petroleum or petroleum products) and services between such country and Iran. (2) Time period described The time period referred to in paragraph (1) is the 60-day period ending on the date on which the President makes the determination under paragraph (1) as compared to the immediately preceding 60-day period. (c) Exception for sales of agricultural commodities, food, medicine and medical devices The President may not impose sanctions under subsection (a) on a foreign person with respect to a transaction for the sale of agricultural commodities, food, medicine or medical devices to Iran. (d) Definitions In this section: (1) Foreign person The term foreign person has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note). (2) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513b(d) ). . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 224 the following: Sec. 225. Sanctions with respect to certain transactions with Iran. . C Other matters 221. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions (a) Exception to applicability of sanctions with respect to petroleum transactions Section 1245(d)(4)(D)(i)(I) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648; 22 U.S.C. 8513a(d)(4)(D)(i)(I) ) is amended— (1) by striking reduced reduced and inserting reduced ; (2) by inserting value and before volume ; (3) by inserting or of Iranian origin after from Iran ; and (4) by adding at the end before the semicolon the following: , and the President certifies in writing to Congress that the President has based such determination on accurate information on that country’s total purchases of crude oil from Iran or of Iranian origin . (b) Financial transactions described Section 1245(d)(4)(D)(ii)(II) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648) is amended— (1) by striking (II) and inserting (II)(aa) ; (2) in item (aa) (as designated by paragraph (1) of this subsection), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new item: (bb) the foreign financial institution holding the account described in item (aa) does not knowingly facilitate any significant financial transfers for, with, or on behalf of the Government of Iran, unless the transaction is excepted from sanctions under paragraph (2) or is a transaction described in subclause (I) and item (aa). . (c) Strategy to reduce crude oil purchases from Iran or of Iranian origin (1) Statement of policy It is the policy of the United States to seek to ensure that countries that have received an exception under subparagraph (D)(i)(I) of section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648) shall reduce their crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subparagraph (E)(ii) of such section (as added by paragraph (2) of this subsection). (2) Amendment Section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648) is amended by adding at the end the following new subparagraph: (E) Strategy to reduce crude oil purchases from Iran or of Iranian origin (i) In general Not later than 30 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, the President shall make a determination, based on the information contained in the most recent report required under subparagraph (A), of whether each country that received an exception under subparagraph (D)(i)(I) before such date of enactment is able to reduce its crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in clause (ii). If the President makes an initial determination under this clause that the requirements of this clause cannot be met, then the President shall continue to make a determination under this clause every 90 days thereafter as to whether or not the requirements of this clause can be met. (ii) Strategy If the President determines that the requirements of clause (i) can be met, then not later than 60 days after the date of such affirmative determination, the President shall develop and submit to the appropriate congressional committees a strategy to seek to ensure that the requirements of clause (i) are met by the end of the 1-year period beginning on such date of submission. (iii) Future exceptions (I) Affirmative determination If the President determines that the strategy described in clause (ii) was achieved, then each country described in clause (i) shall be eligible to receive one or more further exceptions under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph. (II) Negative determination Except as provided in subclause (III), if the President determines that the strategy described in clause (ii) was not achieved, then each country described in clause (i) shall be ineligible to receive any further exception under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph. (III) Exception (aa) In general Subclause (II) shall not apply with respect to a country described in clause (i) if the country— (AA) dramatically reduced its crude oil purchases from Iran or of Iranian origin during the 1-year period described in clause (ii); and (BB) has committed itself to continue to reduce its crude oil purchases from Iran or of Iranian origin to a de minimis level. (bb) Data The President shall submit to the appropriate congressional committees all data used to make a determination under item (aa) not later than 15 days before issuing an exception under item (aa). (iv) Appropriate congressional committees In this subparagraph, the term appropriate congressional committees means— (I) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (II) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. . (d) Definition of crude oil Section 1245(d)(4)(D) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d)(4)(D) ) is amended by adding at the end the following new clause: (iii) Crude oil In this subparagraph, the term crude oil includes unfinished oils, liquefied petroleum gases, distillate fuel oil, and residual fuel oil. . (e) Waiver Section 1245(d)(5)(A) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d)(5)(A) ) is amended by striking in the national and inserting vital to the national . (f) Definitions of significant reduction Section 1245(h)(3) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(h)(3) ) is amended— (1) by striking price or volume and inserting price and volume ; and (2) by adding at the end before the period the following: and at least a pro rata amount totaling, in the aggregate, not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subsection (d)(4)(E)(ii) . (g) Effective date The amendments made by this section take effect beginning on the date that is 180 days after the date of the enactment of this Act. 222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran (a) Findings Subsection (a)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8803 ) is amended by striking and shipbuilding and inserting shipbuilding, automotive, construction, engineering, or mining . (b) Designation of ports, special economic zones, free economic zones, and entities in strategic sectors as entities of proliferation concern Subsection (b) of such section is amended— (1) in the subsection heading, by striking and entities in the energy, shipping, and shipbuilding sectors and inserting , special economic zones, free economic zones, and entities in strategic sectors ; and (2) by striking and entities in the energy, shipping, and shipbuilding sectors and inserting , entities that operate special economic zones or free economic zones, and entities in strategic sectors (as defined in subsection (c)(4)) . (c) Blocking of property of ports, special economic zones, free economic zones, and entities in strategic sectors Subsection (c) of such section is amended— (1) in the subsection heading, by striking entities in energy, shipping, and shipbuilding sectors and inserting ports, special economic zones, free economic zones, and entities in strategic sectors ; (2) in paragraph (2)— (A) by striking the energy, shipping, or shipbuilding sectors each place it appears and inserting a strategic sector (as defined in paragraph (4)(A)) ; and (B) by inserting , special economic zone, or free economic zone after port each place it appears; and (3) by adding at the end the following new paragraphs: (4) Strategic sector defined In this section, the term strategic sector means— (A) the energy, shipping, shipbuilding, automotive, or mining sector of Iran; and (B) the construction or engineering sector of Iran if the President determines and reports to Congress not later than 45 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013 that the construction or engineering sector of Iran, as the case may be, is of strategic importance to Iran. (5) Notification and report relating to strategic sectors (A) Notification The President shall submit to Congress a notification of the designation of a sector as a strategic sector of Iran for purposes of paragraph (4)(C) not later than 30 days after the date on which the President makes such designation. (B) Report Not later than 90 days after the date on which the President submits to Congress a notification of the designation of a sector as a strategic sector of Iran under subparagraph (A), the Comptroller General of the United States shall submit to Congress a report that contains— (i) a review and comment on such designation; and (ii) recommendations regarding the designation of additional sectors as strategic sectors of Iran for purposes of paragraph (4). . (d) Additional sanctions with respect to strategic sectors Subsection (d) of such section is amended— (1) in the subsection heading, by striking the energy, shipping, and shipbuilding sectors and inserting strategic sectors ; and (2) in paragraph (3), by striking the energy, shipping, or shipbuilding sectors and inserting a strategic sector (as defined in subsection (c)(4)(A)) . (e) Exception for Afghanistan reconstruction Subsection (f) of such section is amended— (1) in the matter preceding paragraph (1), by inserting for a period of not more than 1 year, and may renew that exception for additional periods of not more than 1 year after economic development for Afghanistan ; (2) in paragraph (1)— (A) by striking to the extent that and inserting if ; (B) by inserting or the renewal of the exception, as the case may be, after such an exception ; and (C) by striking in the national interest and inserting in the national security interest ; and (3) in paragraph (2)— (A) by inserting or the renewal of the exception, as the case may be, before not later than 15 days ; and (B) by inserting at the end before the period the following: or the renewal of the exception . (f) Conforming amendment Such section is further amended in the section heading by striking the energy, shipping, and shipbuilding sectors and inserting ports, special economic zones, free economic zones, and strategic sectors . (g) Effective date The amendments made by this section— (1) take effect on the date that is 90 days after the date of the enactment of this Act; and (2) (A) with respect to subsection (c) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, as so amended, apply with respect to all transactions in all property and interests in property of any person described in subsection (c)(2) of such section that occur on or after the date that is 180 days after such date of enactment; and (B) (i) with respect to subsection (d)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment; and (ii) with respect to subsection (d)(2) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the conduct or facilitation of a significant financial transaction for the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment. 223. Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran Section 1245 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8804 ) is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: (h) Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran (1) In general Not later than 90 days after the date of the enactment of Nuclear Iran Prevention Act of 2013, and every 90 days thereafter, the President shall submit to the appropriate congressional committees a report on each determination of the President during the preceding 90-day period not to impose sanctions under subsection (a) or (c) with respect to a person who allegedly sells, supplies, or transfers precious metals, directly or indirectly, to or from Iran, together with the reasons for such determination. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary. . 224. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals Section 1247 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8806 ) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: (f) Persons owned or controlled by specially designated nationals (1) In general The President shall impose sanctions described in subsection (a) with respect to a foreign financial institution, including but not limited to a foreign central bank, that the President determines has, on or after the date that is 90 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly facilitated a significant financial transaction on behalf of any person determined by the President to be directly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)). (2) Sense of Congress It is the sense of Congress that the President routinely should determine on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013 those persons that are directly or indirectly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)). (3) Consideration of data from other countries and nongovernmental organizations The President shall consider credible data already obtained by other countries and nongovernmental organizations in making determinations described in paragraph (1). . 225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013 Subtitle D of title XII of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8801 et seq. ) is amended— (1) in section 1244— (A) in subsection (c)(1)— (i) by striking (1) Blocking of property .— and all that follows through On and after and inserting (1) Blocking of property .—On and after ; and (ii) by striking subparagraph (B); and (B) in subsection (d)(1)— (i) by striking (1) Sale, supply, or transfer of certain goods and services .— and all that follows through Except as provided and inserting (1) Sale, supply, or transfer of certain goods and services .—Except as provided ; and (ii) by striking subparagraph (B); (2) in section 1245(a)— (A) by striking (a) sale, supply, or transfer of certain materials .— and all that follows through The President and inserting (a) sale, supply, or transfer of certain materials .—The President ; (B) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); (C) in paragraph (3)(B) (as redesignated by subparagraph (B) of this paragraph)— (i) in clause (i), by striking subclause (I) of clause (i) and inserting clause (i) of subparagraph (A) ; (ii) in clause (ii), by striking subclause (II) of that clause and inserting clause (ii) of that subparagraph ; and (iii) in clause (iii), by striking subclause (III) of that clause and inserting clause (iii) of that subparagraph ; and (D) by striking (2) exception .— and all that follows through paragraph (1). ; and (3) in section 1246(a)— (A) by striking (a) imposition of sanctions .— and all that follows through Except as provided and inserting (a) imposition of sanctions .—Except as provided ; (B) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); and (C) by striking (2) exception .— and all that follows through paragraph (1). ; and 226. Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran (a) Modification of federal acquisition regulation Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person under common ownership or control with the person, does not sell goods, services, or technology to, or conduct any other transaction with, Iran for which sanctions may be imposed under this Act. (b) Remedies (1) In general If the head of an executive agency determines that a person has submitted a false certification under subsection (a) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this section becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations. (2) Inclusion on list of parties excluded from federal procurement and nonprocurement programs The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under paragraph (1). (c) Rule of construction This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (a). (d) Waivers (1) In general The President may on a case-by-case basis waive the requirement that a person make a certification under subsection (a) if the President determines and certifies in writing to the congressional committees described in paragraph (2) that it is essential to the national security interests of the United States to do so. (2) Congressional committees described The congressional committees referred to in paragraph (1) are— (A) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Oversight and Government Reform of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate. (e) Definitions In this section: (1) Executive agency The term executive agency has the meaning given that term in section 133 of title 41, United States Code. (2) Federal Acquisition Regulation The term Federal Acquisition Regulation means the regulation issued pursuant to section 1303(a)(1) of title 41, United States Code. (f) Applicability The revisions to the Federal Acquisition Regulation required under subsection (a) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of this Act. 227. Conditions for entry and operation of vessels (a) In general The Ports and Waters Safety Act ( 33 U.S.C. 1221 et seq. ) is amended by adding at the end the following: 16. Prohibition on entry and operation (a) Prohibition (1) In general No foreign vessel described in subsection (b) shall enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States. (2) Limitation on Application Paragraph (1) shall not apply with respect to a vessel described in subsection (b)(2) on and after any date on which the Secretary of State determines that the vessel is no longer registered as described in that subsection. The Secretary of State shall publish a notice of each such determination in the Federal Register. (b) Vessels described A vessel referred to in subsection (a) is a foreign vessel for which a Notice of Arrival is required to be filed under section 160 of title 33, Code of Federal Regulations, as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013, and that— (1) is on a list of vessels published in Federal Register under subsection (c)(2); or (2) more than 180 days after the publication of such a list, is registered, pursuant to the Geneva Convention on the High Seas (13 U.S.T. 2312; TIAS 5200; 450 UNTS 82), by a government the agents or instrumentalities of which are maintaining a registration of a vessel that is included in such list. (c) Information and publication The Secretary of Transportation, in consultation with the Secretary of State, shall— (1) maintain timely information on registrations of all foreign vessels over 300 gross tons that are— (A) owned or operated by or on behalf of— (i) the National Iran Tanker Company or the Islamic Republic of Iran Shipping Line; or (ii) any successor to an entity referred to in clause (i); or (B) otherwise owned or operated by or on behalf of Iran; and (2) publish in the Federal Register a list of vessels described in paragraph (1), including periodic updates of such list. (d) Notification of governments The Secretary of State shall notify each government the agents or instrumentalities of which are maintaining a registration of a foreign vessel that is included on the list published under subsection (c)(2), that all vessels registered under such government’s authority are subject to the prohibition under subsection (a) if more than 180 days after such publication the government continues to maintain a registration for a vessel that is included on the list published under subsection (c)(2). (e) Notification of vessels Upon receiving a Notice of Arrival under section 160 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013) from a vessel described in (b), the Secretary shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States, unless— (1) the Secretary has made a determination described in subsection (a)(2); or (2) the Secretary allows provisional entry of the vessel, or transfer of cargo from the vessel, under subsection (f). (f) Provisional entry or cargo transfer Notwithstanding subsection (e), the Secretary may allow provisional entry of, or transfer of cargo from, a foreign vessel described in subsection (b), if such entry or transfer is necessary for the safety of the vessel or persons aboard. (g) Right of innocent passage This section shall not be construed as authority to restrict the right of innocent passage as recognized under international law. (h) Foreign vessel defined In this section the term foreign vessel has the meaning given that term in section 110 of title 46, United States Code. . (b) Deadline for publication The Secretary shall publish a list under section 16(c)(2) of the Ports and Waterways Safety Act, as amended by this section, by not later than 180 days after the date of the enactment of this Act. (c) Conforming Amendments (1) Section 13(e) of the Ports and Waterways Safety Act ( 33 U.S.C. 1232(e) ) is amended by striking section 9 and inserting sections 9 and 16 . (2) Section 4(b)(2) of the Ports and Waterways Safety Act ( 33 U.S.C. 1223(b)(2) ) is amended by striking section 9 and inserting section 9 or 16 . III Additional authorities to prevent censorship activities in Iran 301. Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the following: (1) The current status of availability of the Islamic Republic of Iran Broadcasting (IRIB) on international satellites, entities that facilitate its operation by providing services or equipment, and the technical means that it engages in jamming. (2) The instances, since January 1, 2012, in which the IRIB engaged in activities that violated Article 19 of the International Covenant on Civil and Political Rights, including broadcasting forced confessions and hate speech against minorities. (3) The instances, since January 1, 2012, in which international broadcasting programs originating from the United States and Europe have been subject to disruption in Iran, with relevant details such as which programs were disrupted, available location information on the origin of the disruption, and the extent of the disruption. (b) Coordination In developing the report required by subsection (a), the Secretary of State shall coordinate with the Broadcasting Board of Governors, the Secretary of the Treasury, and the heads of other relevant Federal departments and agencies. (c) Public availability All unclassified portions of the report required by subsection (a) shall be made publicly available on the Internet web site of the Department of State. 302. List of persons who are high-risk re-exporters of sensitive technologies (a) In general Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Commerce, in conjunction with the Secretary of State and the Secretary of the Treasury, shall make publicly available and update as appropriate a list of persons who are high-risk re-exporters of sensitive technologies in order to seek to ensure that the Government of Iran or an entity owned or controlled by that Government is unable to obtain sensitive technologies through the re-export of such sensitive technologies by third-party intermediaries. (b) Definition In this section, the term sensitive technology has the meaning given that term in section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8515 ). 303. Sense of Congress on provision of intercept technologies to Iran It is the sense of Congress that— (1) those that provide intercept technologies that limit freedom of speech or expression to the Government of Iran should be held accountable for the repression of the Iranian people; and (2) no person should use an existing contract with the Government of Iran as a justification to continue to supply intercept technologies to the Government of Iran for purposes of restricting the free flow of information. 304. Sense of Congress on availability of consumer communication technologies in Iran It is the sense of Congress that— (1) the Department of State should encourage the free flow of information in Iran to counter the Government of Iran’s repression of its own people; and (2) in order to facilitate the free flow of information in Iran, the Department of State should promote the availability of certain consumer communication technologies to Iranian civil society and the Iranian people. 305. Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate (a) In general Section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8753 ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: (e) Rule of construction The expedited process for the consideration of complete requests for authorization to engage in the activities described in subsection (a) shall be construed to also apply to the transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate, obtain information, and access the Internet and other communications systems. . (b) Effective date The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to requests described in section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012, as so amended, that are submitted to the Office of Foreign Assets Control on or after such date of enactment. IV Reports and other matters 401. National Strategy on Iran (a) National strategy required The President shall develop a strategy, to be known as the National Strategy on Iran , that provides strategic guidance for activities that support the objective of addressing the threats posed by Iran. (b) Annual report Not later than 180 days after the date of the enactment of this Act or January 30, 2014, whichever occurs first, and every January 30 thereafter, the President shall submit to the appropriate congressional committees the National Strategy on Iran required under subsection (a). (c) Matters To be included The report required under subsection (b) shall include, at a minimum, the following: (1) A description of Iran’s grand strategy and security strategy, including strategic objectives, and the security posture and objectives of Iran. (2) A description of the United States strategy to— (A) address and counter the capabilities of Iran’s conventional forces and Iran’s unconventional forces; (B) disrupt and deny Iranian efforts to develop or augment capabilities related to nuclear, unconventional, and missile forces development; (C) address the Government of Iran’s economic strategy to enable the objectives described in this subsection; (D) exploit key vulnerabilities; and (E) combat Iranian efforts to suppress Internet freedom, including actions of the United States to— (i) work to promote expanded Internet access for democracy activists in Iran; (ii) add a public diplomacy page to the United States’ virtual embassy in Iran; and (iii) leverage multilateral organizations committed to Internet connectivity in Iran. (3) An implementation plan for the United States strategy described in paragraph (2). (d) Form The report required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (e) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select Committee on Intelligence of the Senate. 402. Report on Iranian nuclear and economic capabilities (a) In general Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the following: (1) An estimate of the timeline for Iranian capabilities to develop nuclear weapons, including— (A) an estimate of the period of time it would take Iran to produce enough weapons-grade uranium for a single implosion-type nuclear weapon, taking into account all known relevant technical data; (B) an estimate of the period of time it would take Iran to produce sufficient separated plutonium for a single nuclear weapon; (C) a description of the assumptions underlying the estimates referred to in subparagraphs (A) and (B), and any information about developments that might alter or otherwise affect those assumptions; (D) an estimate of the date by which the periods of time referred to in subparagraphs (A) and (B) will be less than 45 days; and (E) a description of any efforts by the United States to increase the frequency of inspections by the International Atomic Energy Agency of nuclear facilities in Iran. (2) An assessment of Iranian strategy and capabilities relating to development of nuclear weapons, including— (A) a summary and analysis of current nuclear weapons capabilities; (B) an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran to develop its nuclear weapons capabilities; (C) a summary of the capabilities of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces; (D) a detailed analysis of the effectiveness of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces as delivery systems for a nuclear device; (E) a description of all efforts of Iran to design and develop a nuclear weapon, including efforts to design or fit warheads, and any other possible military dimensions of the nuclear program of Iran; and (F) an analysis of the procurement network, including the amount and sources of funding expended by Iran on programs to develop a nuclear weapons capability. (3) Projected economic effects of international sanctions on Iran, including— (A) an estimate of the capital accounts, current accounts, and amounts of foreign exchange reserves (including access to foreign exchange reserves) of the Government of Iran, and other leading indicators of the status of the economy of Iran; (B) an estimate of timelines with respect to macroeconomic viability of Iran, including the time by which the Government of Iran will exhaust its foreign exchange reserves; (C) an estimate of the date by which the reserves of the Central Bank of Iran will be insufficient for the Government of Iran to avoid a severe balance of payments crisis that prevents it from maintaining a functioning economy, including— (i) the inflation rate, exchange rates, unemployment rate, and budget deficits in Iran; and (ii) other leading macroeconomic indicators used by the International Monetary Fund, professional rating agencies, and other credible sources to assess the economic health of a country; (D) a description of the assumptions underlying the estimate referred to in paragraph (3) and an indication of how changes in each of those assumptions could affect the estimate; (E) an assessment of the effect of sanctions imposed with respect to Iran on moving forward the date referred to in subparagraph (C); and (F) a description of actions taken by the Government of Iran to delay the date referred to in subparagraph (C). (b) Update The President shall submit to the appropriate congressional committees an update of the report required by subsection (a) every 60 days after the date of submission of the report that includes any pertinent developments to Iranian nuclear or economic capabilities. (c) Form The report required under subsection (a) and the update required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate. (2) Nuclear explosive device The term nuclear explosive device means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). 403. Report on plausibility of expanding sanctions on Iranian oil (a) In general Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report assessing the following: (1) Whether petroleum and petroleum products originating in and exported from Iran are refined and sold outside of Iran. (2) Whether products that contain Iranian-origin petroleum or petroleum products as part of their contents are imported into the United States and, if any such products are imported into the United States, whether such importation violates the ban on importation into the United States of Iranian-origin petroleum or petroleum products. (3) Whether it is feasible to ban the importation into the United States of products described in paragraph (2), regardless of whether the ban on importation into the United States of Iranian-origin petroleum or petroleum products applies to such products. (b) Basis of report The report required under subsection (a) may be based on publicly-available information and classified information. The information that is not classified information shall be made publically available. (c) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate. 404. GAO report on Iranian strategy to evade current sanctions and other matters Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (1) evaluates the strategy of the Government of Iran to evade current economic and financial sanctions; and (2) specifically evaluates the ability of Iran to successfully diversify its economy beyond its energy sector, thereby lessening the impact and effectiveness of economic and financial sanctions. 405. Authority to consolidate reports required under Iran sanctions laws (a) In general Any or all reports required to be submitted to Congress under the provisions of law described in subsection (c) that are subject to a deadline for submission consisting of the same unit of time may be consolidated into a single report that is submitted to Congress pursuant to such deadline. (b) Exception Subsection (a) shall not apply with respect to the initial report of any report described in subsection (a). (c) Provisions of law described The provisions of law referred to in this section are the following: (1) This Act and the amendments made by this Act. (2) The Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 et seq. ). (3) The Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8701 et seq. ). (4) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8501 et seq. ). (d) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to reports required to be submitted to Congress under the provisions of law described in subsection (c) on or after such date of enactment. 406. Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012 (a) Iran Sanctions Act of 1996 Section 14(4)(B) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended by striking may include, in the discretion of the President and inserting includes . (b) Iran Threat Reduction and Syria Human Rights Act of 2012 Section 211 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 ) is amended by adding at the end the following new subsection: (f) Definition In this section, the term appropriate congressional committees includes the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. . 407. Rule of construction Nothing in this Act or any amendment made by this Act shall be construed to apply with respect to— (1) any activity relating to a project described in subsection (a) of section 603 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8783 ) to which the exception under that section applies at the time of the activity; or (2) any authorized intelligence activity of the United States. 408. Implementation; penalties (a) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act and the amendments made by this Act. (b) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any amendment made by this Act or regulations prescribed under this Act to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act ( 50 U.S.C. 1705(a) ). 409. Severability (a) In general If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected. (b) Effective date under section 214 If subsection (d) of section 214 is found to be unconstitutional in accordance with subsection (a), the amendments made by such section 214 take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after such date of enactment.
Passed the House of Representatives July 31, 2013. Karen L. Haas, Clerk. |
113-hr-850-ih-dtd | 113-hr-850 | 113 | hr | 850 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr850ih.xml | BILLS-113hr850ih.xml | 2023-01-08 17:37:37.684 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HE36B02A1E2594CF9BC6BE255F9ECCD90" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 850 IH: Nuclear Iran Prevention Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 850
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="R000487">
Mr. Royce
</sponsor>
(for
himself,
<cosponsor name-id="E000179">
Mr. Engel
</cosponsor>
,
<cosponsor name-id="R000435">
Ms. Ros-Lehtinen
</cosponsor>
,
<cosponsor name-id="D000610">
Mr. Deutch
</cosponsor>
,
<cosponsor name-id="P000592">
Mr. Poe of Texas
</cosponsor>
,
<cosponsor name-id="S000344">
Mr. Sherman
</cosponsor>
,
<cosponsor name-id="C000266">
Mr. Chabot
</cosponsor>
,
<cosponsor name-id="C001078">
Mr. Connolly
</cosponsor>
,
<cosponsor name-id="S000522">
Mr. Smith of New Jersey
</cosponsor>
,
<cosponsor name-id="M001137">
Mr. Meeks
</cosponsor>
,
<cosponsor name-id="W000795">
Mr. Wilson of South Carolina
</cosponsor>
,
<cosponsor name-id="K000375">
Mr. Keating
</cosponsor>
,
<cosponsor name-id="M001157">
Mr. McCaul
</cosponsor>
,
<cosponsor name-id="C001084">
Mr. Cicilline
</cosponsor>
,
<cosponsor name-id="S000018">
Mr. Salmon
</cosponsor>
,
<cosponsor name-id="S001190">
Mr. Schneider
</cosponsor>
,
<cosponsor name-id="D000615">
Mr. Duncan of South Carolina
</cosponsor>
,
<cosponsor name-id="K000379">
Mr. Kennedy
</cosponsor>
,
<cosponsor name-id="K000378">
Mr. Kinzinger of Illinois
</cosponsor>
,
<cosponsor name-id="M001188">
Ms. Meng
</cosponsor>
,
<cosponsor name-id="C001095">
Mr. Cotton
</cosponsor>
,
<cosponsor name-id="F000462">
Ms.
Frankel of Florida
</cosponsor>
,
<cosponsor name-id="C001094">
Mr.
Cook
</cosponsor>
,
<cosponsor name-id="H001065">
Mr. Holding
</cosponsor>
,
<cosponsor name-id="W000814">
Mr. Weber of Texas
</cosponsor>
,
<cosponsor name-id="P000605">
Mr. Perry
</cosponsor>
,
<cosponsor name-id="R000596">
Mr. Radel
</cosponsor>
,
<cosponsor name-id="C001093">
Mr. Collins of Georgia
</cosponsor>
,
<cosponsor name-id="M001187">
Mr. Meadows
</cosponsor>
,
<cosponsor name-id="M001189">
Mr. Messer
</cosponsor>
,
<cosponsor name-id="M001179">
Mr. Marino
</cosponsor>
,
<cosponsor name-id="S001165">
Mr. Sires
</cosponsor>
,
<cosponsor name-id="H001038">
Mr. Higgins
</cosponsor>
,
<cosponsor name-id="V000130">
Mr. Vargas
</cosponsor>
,
<cosponsor name-id="R000409">
Mr. Rohrabacher
</cosponsor>
,
<cosponsor name-id="L000579">
Mr. Lowenthal
</cosponsor>
,
<cosponsor name-id="S000937">
Mr. Stockman
</cosponsor>
, and
<cosponsor name-id="G000571">
Ms. Gabbard
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HFA00">
Committee
on Foreign Affairs
</committee-name>
, and in addition to the Committees on the
<committee-name committee-id="HJU00">
Judiciary
</committee-name>
,
<committee-name committee-id="HBA00">
Financial Services
</committee-name>
,
<committee-name committee-id="HGO00">
Oversight and Government
Reform
</committee-name>
, and
<committee-name committee-id="HWM00">
Ways and
Means
</committee-name>
, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To impose additional human rights and economic and
financial sanctions with respect to Iran, and for other
purposes.
</official-title>
</form>
<legis-body id="H9E3EDAD649D44B1A9155185BC774630A" style="OLC">
<section id="HD561E94274DD4DA981C62B37EB340B72" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title and table of
contents
</header>
<subsection id="H99509AED4C4549728461A410DF04DED5">
<enum>
(a)
</enum>
<header>
Short
title
</header>
<text display-inline="yes-display-inline">
This Act may be cited
as the
<quote>
<short-title>
Nuclear Iran Prevention Act of
2013
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="H9CD162422140426A8AB7346B42127BE9">
<enum>
(b)
</enum>
<header>
Table of
contents
</header>
<text display-inline="yes-display-inline">
The table of
contents for this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="HD561E94274DD4DA981C62B37EB340B72" level="section">
Sec. 1. Short title and table of contents.
</toc-entry>
<toc-entry idref="HC1B50C183B42440EB668E87617E1BB38" level="section">
Sec. 2. Findings and statement of policy.
</toc-entry>
<toc-entry idref="H51596C4689DB40E2BC8C659030F99E27" level="title">
Title I—Human rights and terrorism sanctions
</toc-entry>
<toc-entry idref="H9F64E37DCC8241CBB32DC20C07706C48" level="section">
Sec. 101. Designation of Iran’s Revolutionary Guard Corps as
foreign terrorist organization.
</toc-entry>
<toc-entry idref="H7E10EE69BA4C4899810DF5964A021CEE" level="section">
Sec. 102. Imposition of sanctions on certain persons
responsible for or complicit in human rights abuses, engaging in censorship, or
engaging in the diversion of goods intended for the people of Iran.
</toc-entry>
<toc-entry idref="HE5125C3A656B44FB8A1971B9EE7487F0" level="section">
Sec. 103. Mandatory sanctions with respect to financial
institutions that engage in certain transactions on behalf of persons involved
in human rights abuses or that export sensitive technology to Iran.
</toc-entry>
<toc-entry idref="H63EED7EA028E4DC3AE4CE6C05863C2E6" level="title">
Title II—Economic and financial sanctions
</toc-entry>
<toc-entry idref="H9D7C0EC95C684EF2B9DD023909B1C94B" level="section">
Sec. 201. Sanctions with respect to certain transactions with
Iran.
</toc-entry>
<toc-entry idref="H67DEFF3E14F944FEA4C935493BAC7D3E" level="section">
Sec. 202. Imposition of sanctions with respect to foreign
financial institutions that facilitate financial transactions on behalf of
persons owned or controlled by specially designated nationals.
</toc-entry>
<toc-entry idref="H957E3BB3A54F4FD49431A73D282ECB1F" level="section">
Sec. 203. Imposition of sanctions with respect to the Central
Bank of Iran and other Iranian financial institutions.
</toc-entry>
<toc-entry idref="H3D43363107A9444AA577949C3994F76C" level="section">
Sec. 204. Sense of Congress regarding the European Central
Bank.
</toc-entry>
<toc-entry idref="HDE3B15888AFB4313A6F11D78B934BC42" level="title">
Title III—Miscellaneous provisions
</toc-entry>
<toc-entry idref="H777AEEDC9C0A43B4B8FA8B9B1D0FF7A5" level="section">
Sec. 301. Report on Iranian nuclear and economic
capabilities.
</toc-entry>
<toc-entry idref="H6319A833FD334827AA28A7DB27CC787F" level="section">
Sec. 302. National Strategy on Iran.
</toc-entry>
<toc-entry idref="H58B4497326E64CE6B6889B27FD37064A" level="section">
Sec. 303. Government Accountability Office report on sanctions
enforcement.
</toc-entry>
</toc>
</subsection>
</section>
<section id="HC1B50C183B42440EB668E87617E1BB38">
<enum>
2.
</enum>
<header>
Findings and
statement of policy
</header>
<subsection id="HDE886DA2A3CA43998A7FAD5E19661421">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text display-inline="yes-display-inline">
Congress finds the following:
</text>
<paragraph id="H077EDFCAFFDA4D1285DEC81E253CB03F">
<enum>
(1)
</enum>
<text>
Iran’s acquisition
of a nuclear weapons capability would—
</text>
<subparagraph id="H390DFC3D53884D6EBD7A073D031214E5">
<enum>
(A)
</enum>
<text>
embolden its
already aggressive foreign policy, including its arming of terrorist
organizations and other groups, its efforts to destabilize countries in the
Middle East, and its efforts to target the United States, United States allies,
and United States interests globally;
</text>
</subparagraph>
<subparagraph id="HBE26907BE9B942369D4EA62988B8BF44">
<enum>
(B)
</enum>
<text>
increase the risk
that Iran would share its nuclear technology and expertise with extremist
groups and rogue nations;
</text>
</subparagraph>
<subparagraph id="H8467E092FDA949BFA5BDF57739E9CF6C">
<enum>
(C)
</enum>
<text>
destabilize global
energy markets, posing a direct and devastating threat to the American and
global economy; and
</text>
</subparagraph>
<subparagraph id="H8E8344F644654B74AC7BF767A6EBE4FC">
<enum>
(D)
</enum>
<text>
likely lead other
governments in the region to pursue their own nuclear weapons programs,
increasing the prospect of nuclear proliferation throughout the region and
effectively ending the viability of the global nonproliferation regime,
including the Treaty on the Non-Proliferation of Nuclear Weapons.
</text>
</subparagraph>
</paragraph>
<paragraph id="H05DFCA61463249D997AC6066043EAD95">
<enum>
(2)
</enum>
<text>
A
nuclear arms-capable Iran possessing intercontinental ballistic missiles, a
development most experts expect could occur within a decade, would pose a
direct nuclear threat to the United States.
</text>
</paragraph>
</subsection>
<subsection id="H7FEAE40D91514EE989A7B7042A978718">
<enum>
(b)
</enum>
<header>
Statement of
policy
</header>
<text>
It shall be the policy of the United States to prevent
Iran from acquiring a nuclear weapons capability.
</text>
</subsection>
</section>
<title id="H51596C4689DB40E2BC8C659030F99E27">
<enum>
I
</enum>
<header>
Human
rights and terrorism sanctions
</header>
<section commented="no" id="H9F64E37DCC8241CBB32DC20C07706C48" section-type="subsequent-section">
<enum>
101.
</enum>
<header>
Designation of
Iran’s Revolutionary Guard Corps as foreign terrorist organization
</header>
<subsection commented="no" id="HA99309A8DD3B4CC696306BBC32AF0C21">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Subtitle A of title
III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C.
8741 et seq.) is amended—
</text>
<paragraph commented="no" id="H066FB81842ED4C6099B502FCE84E575F">
<enum>
(1)
</enum>
<text>
by redesignating
section 304 as section 305; and
</text>
</paragraph>
<paragraph commented="no" id="H5BC3CCA5E9D14E6896CCBD1B24190E1E">
<enum>
(2)
</enum>
<text>
by inserting after
section 303 the following new section:
</text>
<quoted-block display-inline="no-display-inline" id="HFB33C8E648B940128AB5D044AEE84E90" style="OLC">
<section commented="no" id="H6564F09D60AE4A1588FB13CFA2DA89E4">
<enum>
304.
</enum>
<header>
Designation of
Iran’s Revolutionary Guard Corps as foreign terrorist organization
</header>
<subsection commented="no" display-inline="no-display-inline" id="H754BF1A3EBA345C687BBA176DCE9736F">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Not later than 30 days after the date of the enactment of
this section, the Secretary of State shall determine if Iran’s Revolutionary
Guard Corps meets the criteria for designation as a foreign terrorist
organization as set forth in section 219 of the Immigration and Nationality Act
(
<external-xref legal-doc="usc" parsable-cite="usc/8/1189">
8 U.S.C. 1189
</external-xref>
).
</text>
</subsection>
<subsection commented="no" id="H96848B409935400EAD0E883F0DEF21AA">
<enum>
(b)
</enum>
<header>
Affirmative
determination
</header>
<text display-inline="yes-display-inline">
If the
Secretary of State determines under subsection (a) that Iran’s Revolutionary
Guard Corps meets the criteria set forth under such section 219, the Secretary
shall designate Iran’s Revolutionary Guard Corps as a foreign terrorist
organization under such section 219.
</text>
</subsection>
<subsection commented="no" id="H79BDCD37ED67499AAF0191EF431EB735">
<enum>
(c)
</enum>
<header>
Negative
determination
</header>
<paragraph commented="no" id="H5CFE5B49D41747129FE55E99D8CFAF25">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
If the Secretary of State determines under subsection (a)
that Iran’s Revolutionary Guard Corps does not meet the criteria set forth
under such section 219, the Secretary shall submit to the committees of
Congress specified in subparagraph (C) a report that contains a detailed
justification as to which criteria have not been met.
</text>
</paragraph>
<paragraph commented="no" id="HAAA2117475B54F62A5224C9E1200473A">
<enum>
(2)
</enum>
<header>
Form
</header>
<text>
The
report required under paragraph (1) shall be submitted in unclassified form,
but may contain classified annex, if necessary.
</text>
</paragraph>
<paragraph commented="no" id="H7AAE73DD3324425B94B27101AC609542">
<enum>
(3)
</enum>
<header>
Committees of
Congress specified
</header>
<text>
The committees of Congress referred to in
paragraph (1) are the following:
</text>
<subparagraph commented="no" id="HC4FDE068AB3746F48863D33DC0CC35FD">
<enum>
(A)
</enum>
<text>
The Committee on
Foreign Affairs and the Committee on the Judiciary of the House of
Representatives.
</text>
</subparagraph>
<subparagraph commented="no" id="HF7F5C65BFE0A4CF7AB5BAC4ED3176D0C">
<enum>
(B)
</enum>
<text>
The Committee on
Foreign Relations and the Committee on the Judiciary of the
Senate.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" id="HD199BBD0AAA147E3BBA9634C82155B57">
<enum>
(b)
</enum>
<header>
Clerical
amendment
</header>
<text display-inline="yes-display-inline">
The table of
contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is
amended by striking the item relating to section 304 and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HC8503830CB1F475485F52E1D6AC9749E" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 304. Designation of Iran’s
Revolutionary Guard Corps as foreign terrorist organization.
</toc-entry>
<toc-entry level="section">
Sec. 305. Rule of
construction.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H7E10EE69BA4C4899810DF5964A021CEE">
<enum>
102.
</enum>
<header>
Imposition of
sanctions on certain persons responsible for or complicit in human rights
abuses, engaging in censorship, or engaging in the diversion of goods intended
for the people of Iran
</header>
<subsection id="H20DB2E18523C4FDB8730041D8F7D4426">
<enum>
(a)
</enum>
<header>
Finding and
sense of Congress
</header>
<text display-inline="yes-display-inline">
Section
401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public
Law 112–158; 126 Stat. 1251) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HDC91A2BF98B84A9E8F499D4A5630A922" style="OLC">
<subsection id="H5E88B41DE2654614A1D0E5E857C81D32">
<enum>
(a)
</enum>
<header>
Finding and
sense of Congress
</header>
<paragraph id="H6FFE9D0A5E7546D8AC4876ABC6E7C63B">
<enum>
(1)
</enum>
<header>
Finding
</header>
<text display-inline="yes-display-inline">
Congress finds that Iranian persons holding
the following positions in the Government of Iran are ultimately responsible
for and have and continue to knowingly order, control, direct and implement
gross violations of the human rights of the Iranian people, the human rights of
persons in other countries, censorship, and the diversion of food, medicine,
medical devices, agricultural commodities and other goods intended for the
Iranian people:
</text>
<subparagraph id="HC9B8E38B3AFD438A8C709EEEFC2CB76C">
<enum>
(A)
</enum>
<text>
The Supreme Leader
of Iran.
</text>
</subparagraph>
<subparagraph id="HCD1E36BFD28E424EA7AAEB63A3FDF03A">
<enum>
(B)
</enum>
<text>
The President of
Iran.
</text>
</subparagraph>
<subparagraph id="HCBB7AE24D1B0497AA1D154B861150F9B">
<enum>
(C)
</enum>
<text>
Members of the
Council of Guardians.
</text>
</subparagraph>
<subparagraph id="HC95094A4254B4EE4AACD5F3A34221EC1">
<enum>
(D)
</enum>
<text>
Members of the
Expediency Council.
</text>
</subparagraph>
<subparagraph id="H55B4568901854A2AB45DB9DCB07DAF0E">
<enum>
(E)
</enum>
<text>
The Minister of
Intelligence and Security.
</text>
</subparagraph>
<subparagraph id="H991C21B2EF6B4A00807FDC6915227C86">
<enum>
(F)
</enum>
<text>
The Commander of
the Iran’s Revolutionary Guard Corps.
</text>
</subparagraph>
<subparagraph id="HB5842B161CFC4B67A33F71E3BCA67471">
<enum>
(G)
</enum>
<text>
The Commander of
the Basij-e-Mostaz’afin.
</text>
</subparagraph>
<subparagraph id="H577D902F3C6B47F09875E6E73A711D90">
<enum>
(H)
</enum>
<text>
The Commander of
Ansar-e-Hezbollah.
</text>
</subparagraph>
<subparagraph id="HE67436860CE24AE29B1244EE29522C32">
<enum>
(I)
</enum>
<text>
The Commander of
the Quds Force.
</text>
</subparagraph>
<subparagraph id="H22F4C351C8A3438FBEB687697B10558A">
<enum>
(J)
</enum>
<text>
The Commander in
Chief of the Police Force.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2F3852AFA97E4A3F88A651D0E06FC492">
<enum>
(2)
</enum>
<header>
Sense of
Congress
</header>
<text display-inline="yes-display-inline">
It is the sense of
Congress that—
</text>
<subparagraph id="HCDDE63234F0649D39D83EE9ACD312A48">
<enum>
(A)
</enum>
<text>
the President
should include any Iranian person holding a position in the Government of Iran
described in paragraph (1) on one or more of the lists of persons subject to
sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010;
and
</text>
</subparagraph>
<subparagraph id="H467CF497042B4F3AA6659153D772A26C">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the President should impose sanctions on
such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act
(as the case may
be).
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HBD4784CB70FE418B8ED9CC299E5ED2F5">
<enum>
(b)
</enum>
<header>
Additional
finding and sense of Congress
</header>
<text display-inline="yes-display-inline">
Section 401of the Iran Threat Reduction and
Syria Human Rights Act of 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/158">
Public Law 112–158
</external-xref>
; 126 Stat. 1251) is
amended—
</text>
<paragraph id="H7F7D15949B1946A0857A8F3DB19C24AF">
<enum>
(1)
</enum>
<text>
by redesignating
subsection (b) as subsection (c); and
</text>
</paragraph>
<paragraph id="HAD8349BBB96041D3A5B71AC0776C5447">
<enum>
(2)
</enum>
<text>
inserting after
subsection (a) the following:
</text>
<quoted-block display-inline="no-display-inline" id="HB543E78025944D579E7814EBCB21DA4D" style="OLC">
<subsection id="HEBAE1F1DB2324AB684B4B5C6D0794E1A">
<enum>
(b)
</enum>
<header>
Additional
finding and sense of Congress
</header>
<paragraph id="HD2EA5613C43E4BC996683E420BC20BB9">
<enum>
(1)
</enum>
<header>
Finding
</header>
<text display-inline="yes-display-inline">
Congress finds that other senior officials
of the Government of Iran, its agencies and instrumentalities, also have and
continue to knowingly order, control, direct, and implement gross violations of
the human rights of the Iranian people and the human rights of persons in other
countries.
</text>
</paragraph>
<paragraph id="H1C4C3942ACCD45008F046AE98C6691F8">
<enum>
(2)
</enum>
<header>
Sense of
Congress
</header>
<text>
It is the sense of Congress that—
</text>
<subparagraph id="H31D29DFF5722436F88B4AA93FF336722">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the President should investigate violations
of human rights described in paragraph (1) to identify other senior officials
of the Government of Iran that also have or continue to knowingly order,
control, direct, or implement gross violations of human rights of the Iranian
people and the human rights of persons in other countries;
</text>
</subparagraph>
<subparagraph id="H10E16E9DACCB43A28ED8CB323A6101E7">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the President should include any such
official on one or more of the lists of persons subject to sanctions pursuant
to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010; and
</text>
</subparagraph>
<subparagraph id="HFB02ACA5FE3C42B68F92A02D25F7A9FE">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the President should impose sanctions on
any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as
the case may
be).
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H1776940E747A43A4AD5FBB3469CCF0DB">
<enum>
(c)
</enum>
<header>
Report
</header>
<text>
Section
401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012
(
<external-xref legal-doc="public-law" parsable-cite="pl/112/158">
Public Law 112–158
</external-xref>
; 126 Stat. 1251), as redesignated by subsection (b) of this
section, is amended—
</text>
<paragraph id="H36B8C51C2D6C429ABE224775D9A09816">
<enum>
(1)
</enum>
<text>
by striking
<quote>
Not later than
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA1429AC68AFA49A5B055CE155A45042E" style="OLC">
<subparagraph id="H1209D54D1AA5424986175DABF3C82DB2">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Not later
than
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph display-inline="no-display-inline" id="H6815A7A0036241ADA4056B84F8F859D8">
<enum>
(2)
</enum>
<text>
by striking
<quote>
this Act
</quote>
and inserting
<quote>
the
<short-title>
Iran Sanctions Enforcement and Augmentation
Act
</short-title>
, and every 180 days thereafter
</quote>
;
</text>
</paragraph>
<paragraph id="H92E756D4826C4FDEB2CE028BB0727473">
<enum>
(3)
</enum>
<text>
by striking
<quote>
otherwise directing the commission of
</quote>
and
inserting
</text>
<quoted-block display-inline="yes-display-inline" id="H65ADA5193A004C188FBA5073C6199203" style="OLC">
<text>
otherwise
directing—
</text>
<clause id="H971B64610620437E80792A08EB19C1F0">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
the commission
of
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H1A8D5971C3E64C4BB51DD6D6554F15D7">
<enum>
(4)
</enum>
<text>
by striking
<quote>
Iran.
</quote>
and
inserting
</text>
<quoted-block display-inline="yes-display-inline" id="H1B80E3025FA84EEAB62B827197A194A5" style="OLC">
<text>
Iran;
</text>
<clause id="H4702F2EE8631498A82EEE55D4BE92946">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
censorship or related activities with
respect to Iran; or
</text>
</clause>
<clause id="H3ECDF02D8B9F4173AD436831B7C2B81B">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
the diversion of goods, food, medicine, and
medical devices, and agricultural commodities, intended for the people of
Iran.
</text>
</clause>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HE17A4240DFEA4F519A3295A39F233B95">
<enum>
(5)
</enum>
<text>
by striking
<quote>
For any such person
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HAAD482E71DD240C7835B726DA171D807" style="OLC">
<subparagraph id="H8B843BE174F441559FC6C6218F82E5A1">
<enum>
(B)
</enum>
<header>
Additional
requirement
</header>
<text display-inline="yes-display-inline">
For any such
person
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HA3FC0DA74B954246A4FA4814252D45EF">
<enum>
(d)
</enum>
<header>
Clerical
amendment
</header>
<text display-inline="yes-display-inline">
The table of
contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is
amended by striking the item relating to section 401 and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HE63CFAD5819E42EDAB6D81AD6EC82542" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 401. Imposition of sanctions on
certain persons responsible for or complicit in human rights abuses, engaging
in censorship, or engaging in the diversion of goods intended for the people of
Iran.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HE5125C3A656B44FB8A1971B9EE7487F0">
<enum>
103.
</enum>
<header>
Mandatory
sanctions with respect to financial institutions that engage in certain
transactions on behalf of persons involved in human rights abuses or that
export sensitive technology to Iran
</header>
<subsection display-inline="no-display-inline" id="H1B31FF6F1EAF456CA06471CC33BE4464">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 104(c)(2) of
the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
(
<external-xref legal-doc="usc" parsable-cite="usc/22/8513">
22 U.S.C. 8513(c)(2)
</external-xref>
) is amended—
</text>
<paragraph id="H4743AA889B8B44F987B587A145758017">
<enum>
(1)
</enum>
<text>
in subparagraph
(D), by striking
<quote>
or
</quote>
at the end;
</text>
</paragraph>
<paragraph id="HA6913738E304441D9B2406BE0B5F2843">
<enum>
(2)
</enum>
<text>
in subparagraph
(E), by striking the period at the end and inserting
<quote>
; or
</quote>
;
and
</text>
</paragraph>
<paragraph id="H3BD2CDD8235946079F398B2025BA2B74">
<enum>
(3)
</enum>
<text>
by adding at the
end the following new subparagraph:
</text>
<quoted-block display-inline="no-display-inline" id="H1F5279E012C7400893EA636C8CCFFF47" style="OLC">
<subparagraph id="HA5A744C67BBB43F8B3D7806CDC248D4C">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
facilitates a significant transaction or
transactions or provides significant financial services for—
</text>
<clause id="H006BAF7869C14E02A936B06157454A5C">
<enum>
(i)
</enum>
<text>
a
person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or
105C(c); or
</text>
</clause>
<clause id="HEEDC4ECF6DE34BEAB02CE87B08F34E31">
<enum>
(ii)
</enum>
<text>
a
person that exports sensitive technology to Iran and is subject to the
prohibition on procurement contracts as described in section
106.
</text>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection display-inline="no-display-inline" id="H8E15A3600D8542A3B7FC88E34CEC2237">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<text display-inline="yes-display-inline">
The amendments made by
subsection (a) shall take effect on the date of the enactment of this Act and
shall apply with respect to any activity described in subparagraph (F) of
section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (as added by subsection (a)(3)) initiated on or after
the date that is 90 days after such date of enactment.
</text>
</subsection>
<subsection id="H946BA6418239447C86D219E129B9D459">
<enum>
(c)
</enum>
<header>
Regulations
</header>
<text>
Not
later than 90 days after the date of the enactment of this Act, the Secretary
of the Treasury shall prescribe regulations to carry out the amendments made by
subsection (a).
</text>
</subsection>
</section>
</title>
<title id="H63EED7EA028E4DC3AE4CE6C05863C2E6">
<enum>
II
</enum>
<header>
Economic and
financial sanctions
</header>
<section id="H9D7C0EC95C684EF2B9DD023909B1C94B">
<enum>
201.
</enum>
<header>
Sanctions with
respect to certain transactions with Iran
</header>
<subsection id="H4EE4E99F13F54FD7BADAE5FF63055037">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Subtitle B of title
II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C.
8721 et seq.) is amended by adding at the end the following new section:
</text>
<quoted-block display-inline="no-display-inline" id="H65487AFDF39747A5B0E708ADE0A93721" style="OLC">
<section id="H744099E1DB924D95860FE534338A6F6D">
<enum>
225.
</enum>
<header>
Sanctions with
respect to certain transactions with Iran
</header>
<subsection id="H2A9FAA35B6D84535B560D999742B04F9">
<enum>
(a)
</enum>
<header>
Authorization of
sanctions
</header>
<paragraph id="H2FFA4BCC3EC44047935655548F1CD633">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Except as specifically provided in this section, the
President may impose sanctions pursuant to the International Emergency Economic
Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701 et seq.
</external-xref>
) on a foreign person that the President
determines has, on or after the date that is 180 days after the date of the
enactment of this section, knowingly conducted or facilitated a significant
financial transaction with the Central Bank of Iran or other Iranian financial
institution that has been designated by the Secretary of the Treasury for the
imposition of sanctions pursuant to such Act, for—
</text>
<subparagraph id="H27EDB9DED3F94297BDC6237238BE3DCA">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the purchase of goods (other than petroleum
or petroleum products) or services by a person in Iran or on behalf of a person
in Iran; or
</text>
</subparagraph>
<subparagraph id="HC72ABFD209C94AC885C883858FB9500D">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the purchase of goods (other than petroleum
or petroleum products) or services from a person in Iran or on behalf of a
person in Iran.
</text>
</subparagraph>
</paragraph>
<paragraph id="H2B0B53FD7A9A41DB834A2CD3791DD26A">
<enum>
(2)
</enum>
<header>
Rule of
construction
</header>
<text display-inline="yes-display-inline">
Nothing in this
section shall be construed to affect the imposition of sanctions with respect
to a financial transaction for the purchase of petroleum or petroleum products
from Iran under section 1245(d)(4) of the National Defense Authorization Act
for Fiscal Year 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/81">
Public Law 112–81
</external-xref>
; 125 Stat. 1648).
</text>
</paragraph>
</subsection>
<subsection id="HF66704C216D942B7BC3A7FE3B0FC38BB">
<enum>
(b)
</enum>
<header>
Exception for
overall reductions of exports to and imports from Iran
</header>
<paragraph id="HF5843AE35D1640DF97EA2277DC3C9466">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The President may not impose sanctions under subsection
(a) on a foreign person if the President determines and submits to the
appropriate congressional committees a report that contains a determination of
the President that the country with primary jurisdiction over the foreign
person has, during the time period described in paragraph (2), significantly
reduced—
</text>
<subparagraph id="HCE521E525E9D4C0B92C3C605F385DDCD">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the value of exports of goods (other than
petroleum or petroleum products) and services from such country to Iran;
and
</text>
</subparagraph>
<subparagraph id="HCA52371EAFCA43E5B0875D6960BF88B4">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the value of imports of goods (other than
petroleum or petroleum products) and services to such country from Iran.
</text>
</subparagraph>
</paragraph>
<paragraph id="HFEA46149B5C540379274A4732CCB6532">
<enum>
(2)
</enum>
<header>
Time period
described
</header>
<text display-inline="yes-display-inline">
The time period
referred to in paragraph (1) is the 180-day period ending on the date on which
the President makes the determination under paragraph (1) as compared to the
immediately preceding 180-day period.
</text>
</paragraph>
</subsection>
<subsection id="H10C152D7777B4A908161ED94E2AB16C9">
<enum>
(c)
</enum>
<header>
Exception for
sales of agricultural commodities, food, medicine and medical
devices
</header>
<text>
The President may not impose sanctions under subsection
(a) on a foreign person with respect to a transaction for the sale of
agricultural commodities, food, medicine or medical devices to Iran.
</text>
</subsection>
<subsection id="H79A1778F041B47C3BA25C388C3B09AC6">
<enum>
(d)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
In this section:
</text>
<paragraph id="HCD5EE324AAB7454EAA963A7C7DC674A0">
<enum>
(1)
</enum>
<header>
Foreign
person
</header>
<text display-inline="yes-display-inline">
The term
<term>
foreign
person
</term>
has the meaning given that term in section 14 of the Iran
Sanctions Act of 1996 (
<external-xref legal-doc="public-law" parsable-cite="pl/104/172">
Public Law 104–172
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701
</external-xref>
note).
</text>
</paragraph>
<paragraph id="H9CC925D0791E48609041A40255FF689C">
<enum>
(2)
</enum>
<header>
Iranian
financial institution
</header>
<text>
The term
<term>
Iranian financial
institution
</term>
has the meaning given that term in section 104A(d) of the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C.
8513b(d)).
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H4AF734A87CA744B4A81F7777C7513037">
<enum>
(b)
</enum>
<header>
Clerical
amendment
</header>
<text display-inline="yes-display-inline">
The table of
contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is
amended by inserting after the item relating to section 224 the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H2D6DFD34590B44528AE583E5FE9CAC4C" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 225. Sanctions with respect to
certain transactions with
Iran.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H67DEFF3E14F944FEA4C935493BAC7D3E">
<enum>
202.
</enum>
<header>
Imposition of
sanctions with respect to foreign financial institutions that facilitate
financial transactions on behalf of persons owned or controlled by specially
designated nationals
</header>
<text display-inline="no-display-inline">
Section
1247 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C.
8806) is amended—
</text>
<paragraph id="H3A298DAB74A74B2FA3B5E76068B5E2C8">
<enum>
(1)
</enum>
<text>
by redesignating
subsection (f) as subsection (g); and
</text>
</paragraph>
<paragraph id="H063CFDF09DCC447EAD67CFD98656EC19">
<enum>
(2)
</enum>
<text>
by inserting after
subsection (e) the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H29FAC8751F8146C0A7B729FEE7CACA73" style="OLC">
<subsection id="HDEAD9F68C95C4DACBA2E56852F23CFF0">
<enum>
(f)
</enum>
<header>
Persons owned or
controlled by specially designated nationals
</header>
<paragraph id="HEE0FF23133E34FC983A7F9FAE5D07A1F">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The President shall
impose sanctions described in subsection (a) with respect to a foreign
financial institution that the President determines has, on or after the date
that is 90 days after the date of the enactment of this subsection, knowingly
facilitated a significant financial transaction on behalf of any person on the
list required by paragraph (2).
</text>
</paragraph>
<paragraph id="HD5125981497E496A8725B8C261A88591">
<enum>
(2)
</enum>
<header>
List
</header>
<subparagraph id="HB226194DB9D14F908388AE43BECE578E">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Not later than 60
days after the date of the enactment of this subsection, the President shall
submit to the appropriate congressional committees list of persons that the
President determines on or after the date of the enactment of this subsection
are directly or indirectly owned or controlled by an Iranian person included on
the list of specially designated nationals and blocked persons maintained by
the Office of Foreign Assets Control of the Department of the Treasury (other
than an Iranian financial institution described in subsection (b)).
</text>
</subparagraph>
<subparagraph id="H7E515A06B42043B88287BA5A6113FCF5">
<enum>
(B)
</enum>
<header>
Updates of
list
</header>
<text>
The President shall submit to the appropriate congressional
committees an update of the list required by subparagraph (A)—
</text>
<clause id="H7EFF11C82B2541939241F49E3FF06389">
<enum>
(i)
</enum>
<text>
not less than once
every 180 days after the date of submission of such list; and
</text>
</clause>
<clause id="H46A80178996C412A9866B9C46CFD2582">
<enum>
(ii)
</enum>
<text>
as new
information becomes available.
</text>
</clause>
</subparagraph>
<subparagraph id="H16E7E5E2FDEE44D8A87F4A87076B3B11">
<enum>
(C)
</enum>
<header>
Form of report;
public availability
</header>
<clause id="HFE7A600CC63D409C8758EC015886D5D6">
<enum>
(i)
</enum>
<header>
Form
</header>
<text>
The
list required by subparagraph (A) shall be submitted in unclassified form, but
may contain a classified annex, if necessary.
</text>
</clause>
<clause id="H424FE7BDAD394B62A2FD2545BB6A2294">
<enum>
(ii)
</enum>
<header>
Public
availability
</header>
<text>
The unclassified portion of the list required by
clause (i) shall be made available to the public and posted on the websites of
the Department of the Treasury and the Department of State.
</text>
</clause>
</subparagraph>
<subparagraph id="HC6C4745B5AA242AD9475A7461141A944">
<enum>
(D)
</enum>
<header>
Consideration of
data from other countries and nongovernmental organizations
</header>
<text>
In
preparing the list required by subparagraph (A), the President shall consider
credible data already obtained by other countries and nongovernmental
organizations.
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H957E3BB3A54F4FD49431A73D282ECB1F">
<enum>
203.
</enum>
<header>
Imposition of
sanctions with respect to the Central Bank of Iran and other Iranian financial
institutions
</header>
<subsection id="HCA5C5FE7BEC2450187F210EAFE9BEDDD">
<enum>
(a)
</enum>
<header>
Exception to
applicability of sanctions with respect to petroleum transactions
</header>
<text display-inline="yes-display-inline">
Section 1245(d)(4)(D)(i)(I) of the National
Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/81">
Public Law 112–81
</external-xref>
; 125 Stat.
1648) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HBB8F68B7A3E2401187F35AF3A47B4FB3" style="OLC">
<subclause id="HD58D3A10E00E41EEB34F531828ED3213">
<enum>
(I)
</enum>
<text display-inline="yes-display-inline">
has significantly reduced its volume of
crude oil purchases from Iran, and volume of purchases of crude oil of Iranian
origin, from the volume purchased in the immediately preceding 180-day period,
and the President certifies in writing to Congress that the President has based
such determination on accurate information on that country’s total purchases of
crude oil from Iran or of Iranian origin;
or
</text>
</subclause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HE00F0D204A254161981CF8B9EBDDABB9">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<text>
The amendment made by this section shall take effect
beginning on the date that is 30 days after the date of the enactment of this
Act.
</text>
</subsection>
</section>
<section id="H3D43363107A9444AA577949C3994F76C">
<enum>
204.
</enum>
<header>
Sense of
Congress regarding the European Central Bank
</header>
<subsection id="HC6FC49B4643D4E6EBCFACD8B0036A6F4">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text display-inline="yes-display-inline">
Congress finds the following:
</text>
<paragraph id="H9AC67125960242359B9013FAE2A47561">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
The Government of Iran, its agencies and
instrumentalities, continue to have access to, and utilize, euro-denominated
transactions, including for goods and services that are subject to sanctions
imposed by the United States, the European Union and its member states and by
the United Nations.
</text>
</paragraph>
<paragraph id="H143D242A2C644ED2BB85527BF84325AC">
<enum>
(2)
</enum>
<text>
The Guidelines of
the European Central Bank (Article 39(1)) states that:
<quote>
Participants
shall be deemed to be aware of, and shall comply with, all obligations on them
relating to legislation on data protection, prevention of money laundering and
the financing of terrorism, proliferation-sensitive nuclear activities and the
development of nuclear weapons delivery systems, in particular in terms of
implementing appropriate measures concerning any payments debited or credited
on their PM accounts.
</quote>
</text>
</paragraph>
<paragraph id="H3C1B9E4834564FD39A99C51FF16B7282">
<enum>
(3)
</enum>
<text>
United States and
European convergence with respect to United States sanctions efforts toward the
Iranian regime is a vital component of United States policy aimed at preventing
the Iranian regime from acquiring a nuclear weapons capability.
</text>
</paragraph>
</subsection>
<subsection id="H31DA2B929FB84C9AAC7C6E3B8231FD5D">
<enum>
(b)
</enum>
<header>
Sense of
Congress
</header>
<text display-inline="yes-display-inline">
It is the sense of
Congress that the President should closely coordinate and cooperate with the
European Union and its member states to restrict access and use of the euro
currency by the Government of Iran, its agencies and instrumentalities, for
transactions (with the exception of food, medicine, medical devices and other
humanitarian goods), including through the payment systems of the European
Central Bank, such as its second generation Trans-European Automated Real-time
Gross Settlement Express Transfer System, and local and regional Euro
settlement platforms.
</text>
</subsection>
</section>
</title>
<title id="HDE3B15888AFB4313A6F11D78B934BC42">
<enum>
III
</enum>
<header>
Miscellaneous
provisions
</header>
<section id="H777AEEDC9C0A43B4B8FA8B9B1D0FF7A5">
<enum>
301.
</enum>
<header>
Report on
Iranian nuclear and economic capabilities
</header>
<subsection id="H67D271250BEB4B408D86DA1835EB35C7">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Not later that 60
days after the date of the enactment of this Act, and every 60 days thereafter,
the President shall submit to the appropriate congressional committees a report
on the following:
</text>
<paragraph id="HCB201F997E594B11887F9F6BB33698B9">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
An estimate of the timeline for Iranian
capabilities to develop nuclear weapons, including—
</text>
<subparagraph id="H598492AC05BB44E58CFD34BEC9F1363A">
<enum>
(A)
</enum>
<text>
a nuclear
explosive device; and
</text>
</subparagraph>
<subparagraph id="H8EB257C5080A4ABA9505F1D29B66A531">
<enum>
(B)
</enum>
<text>
breakout
capacity.
</text>
</subparagraph>
</paragraph>
<paragraph id="H4FF7CD5AA086496DBBBFEAC52D40A0F5">
<enum>
(2)
</enum>
<text>
An assessment of
Iranian strategy and capabilities relating to development of nuclear weapons,
including—
</text>
<subparagraph id="H3A0D331332F54883ADF30552F58CFEDC">
<enum>
(A)
</enum>
<text>
a summary and
analysis of current nuclear weapons capabilities;
</text>
</subparagraph>
<subparagraph id="HB30B2076CA5245D3BAD92E66B5B9C7F3">
<enum>
(B)
</enum>
<text>
an estimate of the
amount and sources of funding expended by, and an analysis of procurement
networks utilized by, Iran to develop its nuclear weapons capabilities;
</text>
</subparagraph>
<subparagraph id="HA6BE4DED1D8F40EDA3E64C53BC2D3B87">
<enum>
(C)
</enum>
<text>
a summary of the
capabilities of Iran’s unconventional weapons and Iran’s ballistic missile
forces and Iran’s cruise missile forces;
</text>
</subparagraph>
<subparagraph id="HF3765A82C5504199AB33E71DEEACA5BA">
<enum>
(D)
</enum>
<text>
a detailed
analysis of the effectiveness of Iran’s unconventional weapons and Iran’s
ballistic missile forces and Iran’s cruise missile forces as delivery systems
for a nuclear device; and
</text>
</subparagraph>
<subparagraph id="H9AC33CBA115A466DBCDAF37A8AB12C02">
<enum>
(E)
</enum>
<text>
an estimate of the
amount and sources of funding expended by, and an analysis of procurement
networks utilized by, Iran on programs to develop a nuclear weapons
capability.
</text>
</subparagraph>
</paragraph>
<paragraph id="H125723A34A234BA18E7AD373E072F2BC">
<enum>
(3)
</enum>
<text>
Projected economic
effects of international sanctions on Iran, including—
</text>
<subparagraph id="H58EACE29004B470F95888201C9DF8802">
<enum>
(A)
</enum>
<text>
sources of funding
for the activities of the Government of Iran described in paragraphs (1) and
(2);
</text>
</subparagraph>
<subparagraph id="H1E347B5206024197B155E23572EE3E0F">
<enum>
(B)
</enum>
<text>
the role of the
Government of Iran in the formal and informal sector of the domestic Iranian
economy;
</text>
</subparagraph>
<subparagraph id="HE26BFFDB180645F8B913889E0B7FFB5B">
<enum>
(C)
</enum>
<text>
evasive and other
efforts by the Government of Iran to circumvent international and bilateral
sanctions regimes; and
</text>
</subparagraph>
<subparagraph id="HC1EF2E7020B74A399A893DD467DDB94A">
<enum>
(D)
</enum>
<text>
Iran’s capital
accounts, current accounts, foreign exchange reserve levels (including access
to foreign exchange reserves), and other leading macroeconomic indicators, and
estimated timelines with respect to Iran’s macroeconomic viability, including
Iran’s exhaustion of foreign exchange reserves.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HB8C9D51674604E06B80F68C02C356028">
<enum>
(b)
</enum>
<header>
Form
</header>
<text>
The
report required under subsection (a) shall be submitted in unclassified form to
the greatest extent possible, but may include a classified annex, if
necessary.
</text>
</subsection>
<subsection id="H9B972C36F57F445BBF2D7C42B0CA9B49">
<enum>
(c)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
In this section:
</text>
<paragraph id="HEC91F259DA6C47498817849FB80E0F5E">
<enum>
(1)
</enum>
<header>
Nuclear
explosive device
</header>
<text display-inline="yes-display-inline">
The term
<term>
nuclear explosive device
</term>
means any device, whether assembled or
disassembled, that is designed to produce an instantaneous release of an amount
of nuclear energy from special nuclear material that is greater than the amount
of energy that would be released from the detonation of one pound of
trinitrotoluene (TNT).
</text>
</paragraph>
<paragraph id="H139D250D7F9A413C95BF919EEA00179D">
<enum>
(2)
</enum>
<header>
Breakout
capacity
</header>
<text display-inline="yes-display-inline">
The term
<term>
breakout capacity
</term>
means the point at which a country is able to
produce enough weapon-grade uranium (or sufficient separated plutonium) for one
or more nuclear explosive devices.
</text>
</paragraph>
<paragraph id="H94FCE52A1F794147B5C7DB7E36DB7795">
<enum>
(3)
</enum>
<header>
Appropriate
congressional committees
</header>
<text>
The term
<term>
appropriate congressional
committees
</term>
means—
</text>
<subparagraph id="H9E3958DCF72F49A993C92455D51691EB">
<enum>
(A)
</enum>
<text>
the Committee on
Foreign Affairs, the Committee on Armed Services, the Committee on Financial
Services, and the Permanent Select Committee on Intelligence of the House of
Representatives; and
</text>
</subparagraph>
<subparagraph id="HD3179B48063F4A8AB9D0BB4495F556FB">
<enum>
(B)
</enum>
<text>
the Committee on
Foreign Relations, the Committee on Armed Services, the Committee on Banking,
Housing, and Urban Affairs, the Committee on Finance, and the Select Committee
on Intelligence of the Senate.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H6319A833FD334827AA28A7DB27CC787F">
<enum>
302.
</enum>
<header>
National
Strategy on Iran
</header>
<subsection id="HD0D214C9149E443598AD9DB3016088C6">
<enum>
(a)
</enum>
<header>
National
strategy required
</header>
<text>
The President shall develop a strategy, to be
known as the
<quote>
National Strategy on Iran
</quote>
, that provides strategic
guidance for activities that support the objective of addressing the threats
posed by Iran.
</text>
</subsection>
<subsection id="H6092947A6D7A4BC3A8F859AAA2D94242">
<enum>
(b)
</enum>
<header>
Annual
report
</header>
<text>
Not later than January 30 of each year, the President
shall submit to the appropriate congressional committees the National Strategy
on Iran required under subsection (a).
</text>
</subsection>
<subsection id="H8967A22996544F68A7DF5B534F6A7BE5">
<enum>
(c)
</enum>
<header>
Matters To be
included
</header>
<text>
The report required under subsection (b) shall include,
at a minimum, the following:
</text>
<paragraph id="H2823FD2C5D074273A7102B6D10F95953">
<enum>
(1)
</enum>
<text>
A
description Iran’s grand strategy and security strategy, including strategic
objectives, and the security posture and objectives of Iran.
</text>
</paragraph>
<paragraph id="H07E1024936FA4F3789B65CF36F3F47B1">
<enum>
(2)
</enum>
<text>
A
description of the United States strategy to—
</text>
<subparagraph id="H602EF3C43EED44AFAF53FB1CF073FF56">
<enum>
(A)
</enum>
<text>
address and
counter the capabilities of Iran’s conventional forces and Iran’s
unconventional forces;
</text>
</subparagraph>
<subparagraph id="H01FDD15FFA6A43469B83E9AFF2C5C9BD">
<enum>
(B)
</enum>
<text>
disrupt and deny
Iranian efforts to develop or augment capabilities related to nuclear,
unconventional, and missile forces development;
</text>
</subparagraph>
<subparagraph id="H1674C7E6398A4954A2C7FF04FE75B95C">
<enum>
(C)
</enum>
<text>
address the
Government of Iran’s economic strategy to enable the objectives described in
this subsection; and
</text>
</subparagraph>
<subparagraph id="H823FA6ECDD2242509E31F0EB069CB3CD">
<enum>
(D)
</enum>
<text>
exploit key
vulnerabilities.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCC49032850664659A4F61477E2F1F508">
<enum>
(3)
</enum>
<text>
An implementation
plan for the United States strategy described in paragraph (2).
</text>
</paragraph>
</subsection>
<subsection id="HCF1623EA533547E683CA545102031A17">
<enum>
(d)
</enum>
<header>
Form
</header>
<text>
The
report required under subsection (b) shall be submitted in unclassified form to
the greatest extent possible, but may include a classified annex, if
necessary.
</text>
</subsection>
<subsection id="H2A5E20F3C34E4BF6AD4032C98ABDECD5">
<enum>
(e)
</enum>
<header>
Appropriate
congressional committees
</header>
<text>
In this section, the term
<term>
appropriate congressional committees
</term>
means—
</text>
<paragraph id="H59D6B3AFCFE04A45A5D6C5A237C738E8">
<enum>
(1)
</enum>
<text>
the Committee on
Foreign Affairs, the Committee on Armed Services, the Committee on Financial
Services, the Committee on Ways and Means, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
</text>
</paragraph>
<paragraph id="HD64715DA0EC54D618141A27DD09D71B5">
<enum>
(2)
</enum>
<text>
the Committee on
Foreign Relations, the Committee on Armed Services, the Committee on Banking,
Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select
Committee on Intelligence of the Senate.
</text>
</paragraph>
</subsection>
</section>
<section id="H58B4497326E64CE6B6889B27FD37064A">
<enum>
303.
</enum>
<header>
Government
Accountability Office report on sanctions enforcement
</header>
<subsection id="H812719E289A04CA48B9F78ADC7E2CAFD">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Not later than 180 days after the date of the enactment
of this Act, and annually thereafter, the Comptroller General of the United
States shall submit to the appropriate congressional committees a report
assessing the extent to which the President is implementing section 5(a) and
(b) of the Iran Sanctions Act of 1996 (
<external-xref legal-doc="public-law" parsable-cite="pl/104/172">
Public Law 104–172
</external-xref>
; 50 U.S.C. 1701
note), sections 104 and 104A of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C. 8513 and 8513b) and title
III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C.
8741 et seq.).
</text>
</subsection>
<subsection id="HBE90A9F58614423580A543F4734440C5">
<enum>
(b)
</enum>
<header>
Basis of
report
</header>
<text>
The report required under subsection (a) shall be based on
publicly-available information.
</text>
</subsection>
<subsection id="H9E6A46DA44464CD59CF2FFA20542113F">
<enum>
(c)
</enum>
<header>
Appropriate
congressional committees
</header>
<text>
In this section, the term
<term>
appropriate congressional committees
</term>
means—
</text>
<paragraph id="HB92058E10D714A84AD2889B449F3AE24">
<enum>
(1)
</enum>
<text>
the Committee on
Foreign Affairs, the Committee on Financial Services, and the Committee on Ways
and Means of the House of Representatives; and
</text>
</paragraph>
<paragraph id="H0BE1FFEB687F471E93B4261657737D1F">
<enum>
(2)
</enum>
<text>
the Committee on
Foreign Relations, the Committee on Banking, Housing and Urban Affairs, and the
Committee on Finance of the Senate.
</text>
</paragraph>
</subsection>
</section>
</title>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 850 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Royce (for himself, Mr. Engel , Ms. Ros-Lehtinen , Mr. Deutch , Mr. Poe of Texas , Mr. Sherman , Mr. Chabot , Mr. Connolly , Mr. Smith of New Jersey , Mr. Meeks , Mr. Wilson of South Carolina , Mr. Keating , Mr. McCaul , Mr. Cicilline , Mr. Salmon , Mr. Schneider , Mr. Duncan of South Carolina , Mr. Kennedy , Mr. Kinzinger of Illinois , Ms. Meng , Mr. Cotton , Ms. Frankel of Florida , Mr. Cook , Mr. Holding , Mr. Weber of Texas , Mr. Perry , Mr. Radel , Mr. Collins of Georgia , Mr. Meadows , Mr. Messer , Mr. Marino , Mr. Sires , Mr. Higgins , Mr. Vargas , Mr. Rohrabacher , Mr. Lowenthal , Mr. Stockman , and Ms. Gabbard ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on the Judiciary , Financial Services , Oversight and Government Reform , and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose additional human rights and economic and financial sanctions with respect to Iran, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Nuclear Iran Prevention Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and statement of policy. Title I—Human rights and terrorism sanctions Sec. 101. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 102. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. Sec. 103. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran. Title II—Economic and financial sanctions Sec. 201. Sanctions with respect to certain transactions with Iran. Sec. 202. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals. Sec. 203. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions. Sec. 204. Sense of Congress regarding the European Central Bank. Title III—Miscellaneous provisions Sec. 301. Report on Iranian nuclear and economic capabilities. Sec. 302. National Strategy on Iran. Sec. 303. Government Accountability Office report on sanctions enforcement. 2. Findings and statement of policy (a) Findings Congress finds the following: (1) Iran’s acquisition of a nuclear weapons capability would— (A) embolden its already aggressive foreign policy, including its arming of terrorist organizations and other groups, its efforts to destabilize countries in the Middle East, and its efforts to target the United States, United States allies, and United States interests globally; (B) increase the risk that Iran would share its nuclear technology and expertise with extremist groups and rogue nations; (C) destabilize global energy markets, posing a direct and devastating threat to the American and global economy; and (D) likely lead other governments in the region to pursue their own nuclear weapons programs, increasing the prospect of nuclear proliferation throughout the region and effectively ending the viability of the global nonproliferation regime, including the Treaty on the Non-Proliferation of Nuclear Weapons. (2) A nuclear arms-capable Iran possessing intercontinental ballistic missiles, a development most experts expect could occur within a decade, would pose a direct nuclear threat to the United States. (b) Statement of policy It shall be the policy of the United States to prevent Iran from acquiring a nuclear weapons capability. I Human rights and terrorism sanctions 101. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Subtitle A of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741 et seq.) is amended— (1) by redesignating section 304 as section 305; and (2) by inserting after section 303 the following new section: 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Not later than 30 days after the date of the enactment of this section, the Secretary of State shall determine if Iran’s Revolutionary Guard Corps meets the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (b) Affirmative determination If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps meets the criteria set forth under such section 219, the Secretary shall designate Iran’s Revolutionary Guard Corps as a foreign terrorist organization under such section 219. (c) Negative determination (1) In general If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps does not meet the criteria set forth under such section 219, the Secretary shall submit to the committees of Congress specified in subparagraph (C) a report that contains a detailed justification as to which criteria have not been met. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain classified annex, if necessary. (3) Committees of Congress specified The committees of Congress referred to in paragraph (1) are the following: (A) The Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (B) The Committee on Foreign Relations and the Committee on the Judiciary of the Senate. . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 304 and inserting the following: Sec. 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 305. Rule of construction. . 102. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran (a) Finding and sense of Congress Section 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251) is amended to read as follows: (a) Finding and sense of Congress (1) Finding Congress finds that Iranian persons holding the following positions in the Government of Iran are ultimately responsible for and have and continue to knowingly order, control, direct and implement gross violations of the human rights of the Iranian people, the human rights of persons in other countries, censorship, and the diversion of food, medicine, medical devices, agricultural commodities and other goods intended for the Iranian people: (A) The Supreme Leader of Iran. (B) The President of Iran. (C) Members of the Council of Guardians. (D) Members of the Expediency Council. (E) The Minister of Intelligence and Security. (F) The Commander of the Iran’s Revolutionary Guard Corps. (G) The Commander of the Basij-e-Mostaz’afin. (H) The Commander of Ansar-e-Hezbollah. (I) The Commander of the Quds Force. (J) The Commander in Chief of the Police Force. (2) Sense of Congress It is the sense of Congress that— (A) the President should include any Iranian person holding a position in the Government of Iran described in paragraph (1) on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; and (B) the President should impose sanctions on such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (b) Additional finding and sense of Congress Section 401of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) inserting after subsection (a) the following: (b) Additional finding and sense of Congress (1) Finding Congress finds that other senior officials of the Government of Iran, its agencies and instrumentalities, also have and continue to knowingly order, control, direct, and implement gross violations of the human rights of the Iranian people and the human rights of persons in other countries. (2) Sense of Congress It is the sense of Congress that— (A) the President should investigate violations of human rights described in paragraph (1) to identify other senior officials of the Government of Iran that also have or continue to knowingly order, control, direct, or implement gross violations of human rights of the Iranian people and the human rights of persons in other countries; (B) the President should include any such official on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; and (C) the President should impose sanctions on any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (c) Report Section 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251), as redesignated by subsection (b) of this section, is amended— (1) by striking Not later than and inserting the following: (A) In general Not later than ; (2) by striking this Act and inserting the Iran Sanctions Enforcement and Augmentation Act , and every 180 days thereafter ; (3) by striking otherwise directing the commission of and inserting otherwise directing— (i) the commission of ; (4) by striking Iran. and inserting Iran; (ii) censorship or related activities with respect to Iran; or (iii) the diversion of goods, food, medicine, and medical devices, and agricultural commodities, intended for the people of Iran. ; and (5) by striking For any such person and inserting the following: (B) Additional requirement For any such person . (d) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 401 and inserting the following: Sec. 401. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. . 103. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran (a) In general Section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513(c)(2) ) is amended— (1) in subparagraph (D), by striking or at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (F) facilitates a significant transaction or transactions or provides significant financial services for— (i) a person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or 105C(c); or (ii) a person that exports sensitive technology to Iran and is subject to the prohibition on procurement contracts as described in section 106. . (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to any activity described in subparagraph (F) of section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (as added by subsection (a)(3)) initiated on or after the date that is 90 days after such date of enactment. (c) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a). II Economic and financial sanctions 201. Sanctions with respect to certain transactions with Iran (a) In general Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8721 et seq.) is amended by adding at the end the following new section: 225. Sanctions with respect to certain transactions with Iran (a) Authorization of sanctions (1) In general Except as specifically provided in this section, the President may impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) on a foreign person that the President determines has, on or after the date that is 180 days after the date of the enactment of this section, knowingly conducted or facilitated a significant financial transaction with the Central Bank of Iran or other Iranian financial institution that has been designated by the Secretary of the Treasury for the imposition of sanctions pursuant to such Act, for— (A) the purchase of goods (other than petroleum or petroleum products) or services by a person in Iran or on behalf of a person in Iran; or (B) the purchase of goods (other than petroleum or petroleum products) or services from a person in Iran or on behalf of a person in Iran. (2) Rule of construction Nothing in this section shall be construed to affect the imposition of sanctions with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran under section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648). (b) Exception for overall reductions of exports to and imports from Iran (1) In general The President may not impose sanctions under subsection (a) on a foreign person if the President determines and submits to the appropriate congressional committees a report that contains a determination of the President that the country with primary jurisdiction over the foreign person has, during the time period described in paragraph (2), significantly reduced— (A) the value of exports of goods (other than petroleum or petroleum products) and services from such country to Iran; and (B) the value of imports of goods (other than petroleum or petroleum products) and services to such country from Iran. (2) Time period described The time period referred to in paragraph (1) is the 180-day period ending on the date on which the President makes the determination under paragraph (1) as compared to the immediately preceding 180-day period. (c) Exception for sales of agricultural commodities, food, medicine and medical devices The President may not impose sanctions under subsection (a) on a foreign person with respect to a transaction for the sale of agricultural commodities, food, medicine or medical devices to Iran. (d) Definitions In this section: (1) Foreign person The term foreign person has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note). (2) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513b(d)). . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 224 the following: Sec. 225. Sanctions with respect to certain transactions with Iran. . 202. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals Section 1247 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 8806) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: (f) Persons owned or controlled by specially designated nationals (1) In general The President shall impose sanctions described in subsection (a) with respect to a foreign financial institution that the President determines has, on or after the date that is 90 days after the date of the enactment of this subsection, knowingly facilitated a significant financial transaction on behalf of any person on the list required by paragraph (2). (2) List (A) In general Not later than 60 days after the date of the enactment of this subsection, the President shall submit to the appropriate congressional committees list of persons that the President determines on or after the date of the enactment of this subsection are directly or indirectly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)). (B) Updates of list The President shall submit to the appropriate congressional committees an update of the list required by subparagraph (A)— (i) not less than once every 180 days after the date of submission of such list; and (ii) as new information becomes available. (C) Form of report; public availability (i) Form The list required by subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (ii) Public availability The unclassified portion of the list required by clause (i) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. (D) Consideration of data from other countries and nongovernmental organizations In preparing the list required by subparagraph (A), the President shall consider credible data already obtained by other countries and nongovernmental organizations. . 203. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions (a) Exception to applicability of sanctions with respect to petroleum transactions Section 1245(d)(4)(D)(i)(I) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648) is amended to read as follows: (I) has significantly reduced its volume of crude oil purchases from Iran, and volume of purchases of crude oil of Iranian origin, from the volume purchased in the immediately preceding 180-day period, and the President certifies in writing to Congress that the President has based such determination on accurate information on that country’s total purchases of crude oil from Iran or of Iranian origin; or . (b) Effective date The amendment made by this section shall take effect beginning on the date that is 30 days after the date of the enactment of this Act. 204. Sense of Congress regarding the European Central Bank (a) Findings Congress finds the following: (1) The Government of Iran, its agencies and instrumentalities, continue to have access to, and utilize, euro-denominated transactions, including for goods and services that are subject to sanctions imposed by the United States, the European Union and its member states and by the United Nations. (2) The Guidelines of the European Central Bank (Article 39(1)) states that: Participants shall be deemed to be aware of, and shall comply with, all obligations on them relating to legislation on data protection, prevention of money laundering and the financing of terrorism, proliferation-sensitive nuclear activities and the development of nuclear weapons delivery systems, in particular in terms of implementing appropriate measures concerning any payments debited or credited on their PM accounts. (3) United States and European convergence with respect to United States sanctions efforts toward the Iranian regime is a vital component of United States policy aimed at preventing the Iranian regime from acquiring a nuclear weapons capability. (b) Sense of Congress It is the sense of Congress that the President should closely coordinate and cooperate with the European Union and its member states to restrict access and use of the euro currency by the Government of Iran, its agencies and instrumentalities, for transactions (with the exception of food, medicine, medical devices and other humanitarian goods), including through the payment systems of the European Central Bank, such as its second generation Trans-European Automated Real-time Gross Settlement Express Transfer System, and local and regional Euro settlement platforms. III Miscellaneous provisions 301. Report on Iranian nuclear and economic capabilities (a) In general Not later that 60 days after the date of the enactment of this Act, and every 60 days thereafter, the President shall submit to the appropriate congressional committees a report on the following: (1) An estimate of the timeline for Iranian capabilities to develop nuclear weapons, including— (A) a nuclear explosive device; and (B) breakout capacity. (2) An assessment of Iranian strategy and capabilities relating to development of nuclear weapons, including— (A) a summary and analysis of current nuclear weapons capabilities; (B) an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran to develop its nuclear weapons capabilities; (C) a summary of the capabilities of Iran’s unconventional weapons and Iran’s ballistic missile forces and Iran’s cruise missile forces; (D) a detailed analysis of the effectiveness of Iran’s unconventional weapons and Iran’s ballistic missile forces and Iran’s cruise missile forces as delivery systems for a nuclear device; and (E) an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran on programs to develop a nuclear weapons capability. (3) Projected economic effects of international sanctions on Iran, including— (A) sources of funding for the activities of the Government of Iran described in paragraphs (1) and (2); (B) the role of the Government of Iran in the formal and informal sector of the domestic Iranian economy; (C) evasive and other efforts by the Government of Iran to circumvent international and bilateral sanctions regimes; and (D) Iran’s capital accounts, current accounts, foreign exchange reserve levels (including access to foreign exchange reserves), and other leading macroeconomic indicators, and estimated timelines with respect to Iran’s macroeconomic viability, including Iran’s exhaustion of foreign exchange reserves. (b) Form The report required under subsection (a) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (c) Definitions In this section: (1) Nuclear explosive device The term nuclear explosive device means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). (2) Breakout capacity The term breakout capacity means the point at which a country is able to produce enough weapon-grade uranium (or sufficient separated plutonium) for one or more nuclear explosive devices. (3) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate. 302. National Strategy on Iran (a) National strategy required The President shall develop a strategy, to be known as the National Strategy on Iran , that provides strategic guidance for activities that support the objective of addressing the threats posed by Iran. (b) Annual report Not later than January 30 of each year, the President shall submit to the appropriate congressional committees the National Strategy on Iran required under subsection (a). (c) Matters To be included The report required under subsection (b) shall include, at a minimum, the following: (1) A description Iran’s grand strategy and security strategy, including strategic objectives, and the security posture and objectives of Iran. (2) A description of the United States strategy to— (A) address and counter the capabilities of Iran’s conventional forces and Iran’s unconventional forces; (B) disrupt and deny Iranian efforts to develop or augment capabilities related to nuclear, unconventional, and missile forces development; (C) address the Government of Iran’s economic strategy to enable the objectives described in this subsection; and (D) exploit key vulnerabilities. (3) An implementation plan for the United States strategy described in paragraph (2). (d) Form The report required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (e) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select Committee on Intelligence of the Senate. 303. Government Accountability Office report on sanctions enforcement (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees a report assessing the extent to which the President is implementing section 5(a) and (b) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note), sections 104 and 104A of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513 and 8513b) and title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741 et seq.). (b) Basis of report The report required under subsection (a) shall be based on publicly-available information. (c) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Banking, Housing and Urban Affairs, and the Committee on Finance of the Senate. |
113-hr-850-rfs-dtd | 113-hr-850 | 113 | hr | 850 | rfs | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr850rfs.xml | BILLS-113hr850rfs.xml | 2023-01-07 08:52:01.976 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Referred-in-Senate" bill-type="olc" dms-id="HE36B02A1E2594CF9BC6BE255F9ECCD90" key="G" public-private="public" stage-count="1">
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<dc:title>
113 HR 850 : Nuclear Iran Prevention Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-08-01
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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</metadata>
<form>
<distribution-code display="yes">
IIB
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 850
</legis-num>
<current-chamber display="yes">
IN THE SENATE OF THE UNITED
STATES
</current-chamber>
<action>
<action-date date="20130801">
August 1, 2013
</action-date>
<action-desc>
Received; read twice and referred to the
<committee-name committee-id="SSBK00">
Committee on Banking, Housing, and Urban
Affairs
</committee-name>
</action-desc>
</action>
<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
To impose additional human rights and
economic and financial sanctions with respect to Iran, and for other
purposes.
</official-title>
</form>
<legis-body id="H9E3EDAD649D44B1A9155185BC774630A" style="OLC">
<section id="HE2E3F20082164ACE94BCFBB321366E78" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title and table of
contents
</header>
<subsection id="H0C2009B2886141379078B6A1A4046B10">
<enum>
(a)
</enum>
<header>
Short
title
</header>
<text display-inline="yes-display-inline">
This Act may be cited
as the
<quote>
<short-title>
Nuclear Iran Prevention Act of
2013
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="H5D242AD17FB44F7789B721B6BEED5D5B">
<enum>
(b)
</enum>
<header>
Table of
contents
</header>
<text display-inline="yes-display-inline">
The table of
contents for this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="HE2E3F20082164ACE94BCFBB321366E78" level="section">
Sec. 1. Short title and table of contents.
</toc-entry>
<toc-entry idref="H3419AE82843440F49669C2B7909E3903" level="section">
Sec. 2. Findings and statement of policy.
</toc-entry>
<toc-entry idref="HAC26A82A786F4B6396B8B5DE9661F6AF" level="title">
Title I—Human rights and terrorism sanctions
</toc-entry>
<toc-entry idref="HEDB64DC4CDE34A5CB2FDADF9F223F848" level="section">
Sec. 101. Mandatory sanctions with respect to financial
institutions that engage in certain transactions on behalf of persons involved
in human rights abuses or that export sensitive technology to Iran.
</toc-entry>
<toc-entry idref="HB268BFD5EBA14230B4020A7104E06C45" level="section">
Sec. 102. Prevention of diversion of certain goods, services
and technologies to Iran.
</toc-entry>
<toc-entry idref="H93DCEBF8A1954C19B417D505FC587B5D" level="section">
Sec. 103. Designation of Iran’s Revolutionary Guard Corps as
foreign terrorist organization.
</toc-entry>
<toc-entry idref="HC27D604D99AB4AD09B2E8CE1E713F6CB" level="section">
Sec. 104. Imposition of sanctions on certain persons
responsible for or complicit in human rights abuses, engaging in censorship, or
engaging in the diversion of goods intended for the people of Iran.
</toc-entry>
<toc-entry idref="HC6419E1CBE034F2BB22DAC7A1F6E2BEC" level="section">
Sec. 105. Sense of Congress on elections in Iran.
</toc-entry>
<toc-entry idref="H8AF9816AA6A34A11934DDD0E7167E72F" level="section">
Sec. 106. Sense of Congress on designation of a Special
Coordinator for advancing human rights and political participation for women in
Iran.
</toc-entry>
<toc-entry idref="HA9E7811F3AED4F9FAA4EFCE9978650A4" level="title">
Title II—Economic and financial sanctions
</toc-entry>
<toc-entry idref="H83E095B8EA294A428515042397CBFEEE" level="subtitle">
Subtitle A—Amendments to Iran Sanctions Act of
1996
</toc-entry>
<toc-entry idref="HBAB2EC46FF6347F38FC3C5E6FB7738B7" level="section">
Sec. 201. Transfer to Iran of goods, services, or technology
that would materially contribute to Iran’s ability to mine or mill
uranium.
</toc-entry>
<toc-entry idref="H59BE51F4B0E248EBA15BE137391DEBF5" level="section">
Sec. 202. Repeal of waiver of sanctions relating to development
of weapons of mass destruction or other military capabilities.
</toc-entry>
<toc-entry idref="H59FA744E9EEB46E690552DAF37C0B006" level="subtitle">
Subtitle B—Amendments to Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria
Human Rights Act of 2012
</toc-entry>
<toc-entry idref="H2465FF2B8A7B4493B484C52CAF37AC80" level="section">
Sec. 211. Modifications to prohibition on procurement contracts
with persons that export sensitive technology to Iran.
</toc-entry>
<toc-entry idref="HB215729A9A7E4591BBC2C401C5F02196" level="section">
Sec. 212. Authority of State and local governments to avoid
exposure to sanctioned persons and sectors.
</toc-entry>
<toc-entry idref="H3C97287A16AE431FAB9614FA7A1A44F4" level="section">
Sec. 213. Sense of Congress regarding the European Central
Bank.
</toc-entry>
<toc-entry idref="HD92F400D60374843A7B0627351C36442" level="section">
Sec. 214. Imposition of sanctions with respect to certain
transactions in foreign currencies.
</toc-entry>
<toc-entry idref="H7DBA63EC0E78471A9824F163FBE7870C" level="section">
Sec. 215. Sanctions with respect to certain transactions with
Iran.
</toc-entry>
<toc-entry idref="H474864DBD09643E18DAB77083B992D78" level="subtitle">
Subtitle C—Other matters
</toc-entry>
<toc-entry idref="HC0C36C186FF94B37BFE2EAA1AC99DC6F" level="section">
Sec. 221. Imposition of sanctions with respect to the Central
Bank of Iran and other Iranian financial institutions.
</toc-entry>
<toc-entry idref="HADA54B6800EE4F2EAAF18F166277F76D" level="section">
Sec. 222. Imposition of sanctions with respect to ports,
special economic zones, free economic zones, and strategic sectors of
Iran.
</toc-entry>
<toc-entry idref="H18047893FDA74F7D8437302B46511870" level="section">
Sec. 223. Report on determinations not to impose sanctions on
persons who allegedly sell, supply, or transfer precious metals to or from
Iran.
</toc-entry>
<toc-entry idref="H99F2684FB35D4A40B24DFD42A3C3CF68" level="section">
Sec. 224. Imposition of sanctions with respect to foreign
financial institutions that facilitate financial transactions on behalf of
persons owned or controlled by specially designated nationals.
</toc-entry>
<toc-entry idref="H5BE496F385BD44058443D51B108C8DE5" level="section">
Sec. 225. Repeal of exemptions under sanctions provisions of
National Defense Authorization Act for Fiscal Year 2013.
</toc-entry>
<toc-entry idref="HEDCD66FF057A47AFAA498BF59D7A9A80" level="section">
Sec. 226. Termination of government contracts with persons who
sell goods, services, or technology to, or conduct any other transaction with,
Iran.
</toc-entry>
<toc-entry idref="H2707740952AA4E7599CD879FBDC48335" level="section">
Sec. 227. Conditions for entry and operation of
vessels.
</toc-entry>
<toc-entry idref="H04DC6B9B49A74F68893D027AF0E509A4" level="title">
Title III—Additional authorities to prevent censorship activities
in Iran
</toc-entry>
<toc-entry idref="HB5A5E0E0F54543B289D6AF339C20DB7B" level="section">
Sec. 301. Report on implementation of sanctions against the
Islamic Republic of Iran Broadcasting.
</toc-entry>
<toc-entry idref="HC89D4A32955C4C86B9A066896A529E1A" level="section">
Sec. 302. List of persons who are high-risk re-exporters of
sensitive technologies.
</toc-entry>
<toc-entry idref="H19F95E896AD147178A6878F92BA4D487" level="section">
Sec. 303. Sense of Congress on provision of intercept
technologies to Iran.
</toc-entry>
<toc-entry idref="H9659B77426F14F7EA9248B85B4B8F244" level="section">
Sec. 304. Sense of Congress on availability of consumer
communication technologies in Iran.
</toc-entry>
<toc-entry idref="H89565D03AA9C44FA9FD619EA05A640F9" level="section">
Sec. 305. Expedited consideration of requests for authorization
of transfer of goods and services to Iran to facilitate the ability of Iranian
persons to freely communicate.
</toc-entry>
<toc-entry idref="H0748DCDBCD374152815700F61D4CF93C" level="title">
Title IV—Reports and other matters
</toc-entry>
<toc-entry idref="H2538756671364C9AA1979EB690852922" level="section">
Sec. 401. National Strategy on Iran.
</toc-entry>
<toc-entry idref="H15868231E50849ADADDCEF4AB95409E2" level="section">
Sec. 402. Report on Iranian nuclear and economic
capabilities.
</toc-entry>
<toc-entry idref="H829B3543B9D047FB9AE59EBB89832C45" level="section">
Sec. 403. Report on plausibility of expanding sanctions on
Iranian oil.
</toc-entry>
<toc-entry idref="H79AA45C423AE44EF90B95E1CEF5FA289" level="section">
Sec. 404. GAO report on Iranian strategy to evade current
sanctions and other matters.
</toc-entry>
<toc-entry idref="H0158DA1841D44442B42E83A3A881E75E" level="section">
Sec. 405. Authority to consolidate reports required under Iran
sanctions laws.
</toc-entry>
<toc-entry idref="HB73CA4660667408DA394BEE8CD296F69" level="section">
Sec. 406. Amendments to definitions under Iran Sanctions Act of
1996 and Iran Threat Reduction and Syria Human Rights Act of 2012.
</toc-entry>
<toc-entry idref="HE325C6F3ACA94076ACD298354BEDAAC1" level="section">
Sec. 407. Rule of construction.
</toc-entry>
<toc-entry idref="H2EDF5721549B4F68A63BBD6BE9C92ADB" level="section">
Sec. 408. Implementation; penalties.
</toc-entry>
<toc-entry idref="HD6BDE9BBE3D54211863FD60351F62627" level="section">
Sec. 409. Severability.
</toc-entry>
</toc>
</subsection>
</section>
<section id="H3419AE82843440F49669C2B7909E3903">
<enum>
2.
</enum>
<header>
Findings and
statement of policy
</header>
<subsection id="HF6F8289B7F414B5CB43A1C89CF28E962">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text display-inline="yes-display-inline">
Congress finds the following:
</text>
<paragraph id="H3E2CBDBB46AE4BCF8784A99573EA9CCF">
<enum>
(1)
</enum>
<text>
Iran’s acquisition
of a nuclear weapons capability would—
</text>
<subparagraph id="H2B8163213512469E8CF83F43F1D1D9D1">
<enum>
(A)
</enum>
<text>
embolden its
already aggressive foreign policy, including its arming of terrorist
organizations and other groups, its efforts to destabilize countries in the
Middle East, and its efforts to target the United States, United States allies,
and United States interests globally;
</text>
</subparagraph>
<subparagraph id="HAE89D968EC6D4A3D81405A22A1C1BE83">
<enum>
(B)
</enum>
<text>
increase the risk
that Iran would share its nuclear technology and expertise with extremist
groups and rogue nations;
</text>
</subparagraph>
<subparagraph id="H5BCB03C4A2BF428BB3F8FA7E2DD629FA">
<enum>
(C)
</enum>
<text>
destabilize global
energy markets, posing a direct and devastating threat to the American and
global economy; and
</text>
</subparagraph>
<subparagraph id="HF2E5B02540AA40868D1BE967BA0B5EC9">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
likely lead other governments in the region
to pursue their own nuclear weapons programs, increasing the prospect of
nuclear proliferation throughout the region and effectively ending the
viability of the global nonproliferation regime, including the Treaty on the
Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow
July 1, 1968, and entered into force on March 5, 1970.
</text>
</subparagraph>
</paragraph>
<paragraph id="HFEA4761418104DC09B7C513C347166D0">
<enum>
(2)
</enum>
<text>
A
nuclear arms-capable Iran possessing intercontinental ballistic missiles, a
development most experts expect could occur within a decade, would pose a
direct nuclear threat to the United States.
</text>
</paragraph>
</subsection>
<subsection id="H80181BEC254A4FAB9F5D6DC331F9FF36">
<enum>
(b)
</enum>
<header>
Statement of
policy
</header>
<text>
It shall be the policy of the United States to prevent
Iran from acquiring a nuclear weapons capability.
</text>
</subsection>
</section>
<title id="HAC26A82A786F4B6396B8B5DE9661F6AF">
<enum>
I
</enum>
<header>
Human
rights and terrorism sanctions
</header>
<section id="HEDB64DC4CDE34A5CB2FDADF9F223F848">
<enum>
101.
</enum>
<header>
Mandatory
sanctions with respect to financial institutions that engage in certain
transactions on behalf of persons involved in human rights abuses or that
export sensitive technology to Iran
</header>
<subsection display-inline="no-display-inline" id="H5F64892CF6F54434A21D6AAE652AAFF2">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 104(c)(2) of
the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
(22 U.S.C.
8513(c)(2)) is amended—
</text>
<paragraph id="H8DCEA17ECDA14358AAF74694868CBBF8">
<enum>
(1)
</enum>
<text>
in subparagraph
(D), by striking
<quote>
or
</quote>
at the end;
</text>
</paragraph>
<paragraph id="H0B3AC49F64A248EAB2730E6FF307A312">
<enum>
(2)
</enum>
<text>
in subparagraph
(E), by striking the period at the end and inserting
<quote>
; or
</quote>
;
and
</text>
</paragraph>
<paragraph id="HD4F62A2717BA44498D72958CD4A7C40A">
<enum>
(3)
</enum>
<text>
by adding at the
end the following new subparagraph:
</text>
<quoted-block display-inline="no-display-inline" id="H4095C5A49C1B4954B90F6C0821D5091E" style="OLC">
<subparagraph id="HF95282245E264DBA81BEBD70AEEBCD61">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
facilitates a significant transaction or
transactions or provides significant financial services for—
</text>
<clause id="H1E9E7F3A0B4640AB80AABD886FF7CC75">
<enum>
(i)
</enum>
<text>
a
person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or
105C(a); or
</text>
</clause>
<clause id="H8AB882F935AC407DA1E90CC8059CDA29">
<enum>
(ii)
</enum>
<text>
a
person that exports sensitive technology to Iran and is subject to the
prohibition on procurement contracts as described in section
106.
</text>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection display-inline="no-display-inline" id="H56420FB39BA148CA8482F50292B97BF1">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<text display-inline="yes-display-inline">
The amendments made by
subsection (a) take effect on the date of the enactment of this Act and apply
with respect to any activity described in subparagraph (F) of section 104(c)(2)
of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
(as added by subsection (a)(3) of this section) initiated on or after the date
that is 90 days after such date of enactment.
</text>
</subsection>
<subsection id="H327598D9FE1D4937A2D3755137BDF900">
<enum>
(c)
</enum>
<header>
Regulations
</header>
<text>
Not
later than 90 days after the date of the enactment of this Act, the Secretary
of the Treasury shall prescribe regulations to carry out the amendments made by
subsection (a).
</text>
</subsection>
</section>
<section id="HB268BFD5EBA14230B4020A7104E06C45">
<enum>
102.
</enum>
<header>
Prevention of
diversion of certain goods, services and technologies to Iran
</header>
<subsection id="HA4191CCC061046E2A48C7889FD25A816">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
Section 301(1) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8541">
22 U.S.C. 8541(1)
</external-xref>
) is amended by
striking
<quote>
knows or has reason to know
</quote>
and inserting
<quote>
knows,
has reason to know, or should have known
</quote>
.
</text>
</subsection>
<subsection id="H6A80AAE6E1DF43159310A4A820D1B133">
<enum>
(b)
</enum>
<header>
Identification
of countries of concern with respect to the diversion of certain goods,
services, and technologies to or through Iran
</header>
<text display-inline="yes-display-inline">
Section 302(b) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8542">
22 U.S.C. 8542(b)
</external-xref>
) is
amended—
</text>
<paragraph id="H3AEC3792619B452C896360CAA3BD231A">
<enum>
(1)
</enum>
<text>
in paragraph (1),
by striking
<quote>
or
</quote>
at the end;
</text>
</paragraph>
<paragraph id="H55B81393562647528D7523CDFEBA084E">
<enum>
(2)
</enum>
<text>
in paragraph (2),
by striking the period at the end and inserting
<quote>
; or
</quote>
; and
</text>
</paragraph>
<paragraph id="H5D11CF5E94C542CB891855695FCA83B2">
<enum>
(3)
</enum>
<text>
by adding at the
end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H05A3601BF0AE49C7B9FF52578D31AD42" style="OLC">
<paragraph id="HBAF5326C56444BA1877E5A2BD6E60894">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
that are—
</text>
<subparagraph id="H09E3A0D3BAC94B5A86FA71C66DDC1232">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
items described in the Nuclear Suppliers
Group Guidelines for the Export of Nuclear Material, Equipment and Technology
(published by the International Atomic Energy Agency as Information Circular
INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) and Guidelines for
Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related
Technology (published by the International Atomic Energy Agency as Information
Circular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions);
</text>
</subparagraph>
<subparagraph id="HDBB17455E0FA418CAAF0FBEF4AF8ABF4">
<enum>
(B)
</enum>
<text>
items on the
Missile Technology Control Regime Equipment and Technology Annex of June 11,
1996, and subsequent revisions;
</text>
</subparagraph>
<subparagraph id="H91F6AA3D525946F998152F957CA03B01">
<enum>
(C)
</enum>
<text>
items and
substances relating to biological and chemical weapons the export of which is
controlled by the Australia Group;
</text>
</subparagraph>
<subparagraph id="H7E964FB6E14E4ADD9145A834D06A7400">
<enum>
(D)
</enum>
<text>
items on the
Schedule One or Schedule Two list of toxic chemicals and precursors the export
of which is controlled pursuant to the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on Their
Destruction; or
</text>
</subparagraph>
<subparagraph id="HB0D76260D02D40EA920745036B5BAC04">
<enum>
(E)
</enum>
<text>
items on the
Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions
list of July 12, 1996, and subsequent
revisions.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H8E0257400F4C45FDA053BC25BDAD330D">
<enum>
(c)
</enum>
<header>
Destinations of
diversion concern
</header>
<text display-inline="yes-display-inline">
Section
303(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act
of 2010 (22 U.S.C.
8543(c)) is amended—
</text>
<paragraph display-inline="no-display-inline" id="H3FC7C743AE9E4DF8B6E26A4A6C8A1CD9">
<enum>
(1)
</enum>
<text>
by striking
<quote>
Not later than
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF0C4339FF71C4C39AC199F1E4A3E9879" style="OLC">
<paragraph id="HE67B39EE78644F44842101D01CCB7D67">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Not later
than
</text>
</paragraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H93818E21DB74494EA9CA1B6EB2190100">
<enum>
(2)
</enum>
<text>
by adding at the
end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H592806A87B924A79A50AF21C8EAC3E16" style="OLC">
<paragraph id="HB58463E9F6394ECA9FC20E24E538CF30">
<enum>
(2)
</enum>
<header>
Additional
measures
</header>
<subparagraph id="H34BC3BE034964CEB8C6BDF888DBC5294">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
Except as provided in this section, the President may
impose restrictions on United States foreign assistance or measures authorized
under the International Emergency Economic Powers Act with respect to a country
designated as a country of diversion concern if the President determines such
restrictions or measures would prevent the transfer of United States-origin
goods, services, and technology to Iran.
</text>
</subparagraph>
<subparagraph id="HE691D8FF3AA34B7E8963C001688683DE">
<enum>
(B)
</enum>
<header>
Exception
</header>
<text display-inline="yes-display-inline">
The authority to impose sanctions under
subparagraph (A) shall not include the authority to impose sanctions relating
to the importation of goods.
</text>
</subparagraph>
<subparagraph id="H19B7B4C6F5214C739CB89A0CEDE7CBE6">
<enum>
(C)
</enum>
<header>
Good
defined
</header>
<text display-inline="yes-display-inline">
In this paragraph,
the term
<quote>
good
</quote>
has the meaning given that term in section 16 of
the Export Administration Act of 1979 (
<external-xref legal-doc="usc-appendix" parsable-cite="usc-appendix/50/2415">
50 U.S.C. App. 2415
</external-xref>
) (as
continued in effect pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et
seq.)).
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H677C691FD69C4398B7EA0122B765F46E">
<enum>
(d)
</enum>
<header>
Effective
date
</header>
<text display-inline="yes-display-inline">
The amendments made by
this section take effect on the date of the enactment of this Act and apply
with respect to countries identified in any update to the report that is
required under section 302(c) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 and submitted to Congress on or
after such date of enactment.
</text>
</subsection>
</section>
<section commented="no" id="H93DCEBF8A1954C19B417D505FC587B5D" section-type="subsequent-section">
<enum>
103.
</enum>
<header>
Designation of
Iran’s Revolutionary Guard Corps as foreign terrorist organization
</header>
<subsection commented="no" id="H3980E4FD42B2481C93195DC425156874">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Subtitle A of title
III of the Iran Threat Reduction and Syria Human Rights Act of 2012
(22 U.S.C. 8741 et
seq.) is amended—
</text>
<paragraph commented="no" id="HDB7760C18F7E40B58171A7A090F78611">
<enum>
(1)
</enum>
<text>
by redesignating
section 304 as section 305; and
</text>
</paragraph>
<paragraph commented="no" id="HB942FA71599F4B32A91E2A72AFA3C90E">
<enum>
(2)
</enum>
<text>
by inserting after
section 303 the following new section:
</text>
<quoted-block display-inline="no-display-inline" id="H7F36A69F64BB4FF9B8108D4D06B1363B" style="OLC">
<section commented="no" id="HF4104C59D70E42F9B8872790DDCC5267">
<enum>
304.
</enum>
<header>
Designation of
Iran’s Revolutionary Guard Corps as foreign terrorist organization
</header>
<subsection commented="no" display-inline="no-display-inline" id="HE18923CEA61A4E21A98164DBBAFB7131">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Not later than 30 days after the date of the enactment of
this section, the Secretary of State shall determine if Iran’s Revolutionary
Guard Corps meets the criteria for designation as a foreign terrorist
organization as set forth in section 219 of the Immigration and Nationality Act
(8 U.S.C.
1189).
</text>
</subsection>
<subsection commented="no" id="H865907DF664D439DB3A240AA81B1B1DA">
<enum>
(b)
</enum>
<header>
Affirmative
determination
</header>
<text display-inline="yes-display-inline">
If the
Secretary of State determines under subsection (a) that Iran’s Revolutionary
Guard Corps meets the criteria set forth under such section 219, the Secretary
shall designate Iran’s Revolutionary Guard Corps as a foreign terrorist
organization under such section 219.
</text>
</subsection>
<subsection commented="no" id="H186782C150F14857B8BB537CE53BD997">
<enum>
(c)
</enum>
<header>
Negative
determination
</header>
<paragraph commented="no" id="H3333A73B7AC34B33B001601B3E0A4A47">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
If the Secretary of State determines under subsection (a)
that Iran’s Revolutionary Guard Corps does not meet the criteria set forth
under such section 219, the Secretary shall submit to the committees of
Congress specified in subsection (e) a report that contains a detailed
justification as to which criteria have not been met.
</text>
</paragraph>
<paragraph commented="no" id="HD9D19C22FDA44DCA95EFF212D6A82ABF">
<enum>
(2)
</enum>
<header>
Form
</header>
<text>
The
report required under paragraph (1) shall be submitted in unclassified form,
but may contain a classified annex, if necessary.
</text>
</paragraph>
</subsection>
<subsection id="HFFE9594CB8304E06B5D8F71B7DB72F7A">
<enum>
(d)
</enum>
<header>
Applicability of
sanctions to Quds Force
</header>
<text display-inline="yes-display-inline">
The
sanctions applied to any entity designated as a foreign terrorist organization
as set forth in such section 219 shall be applied to the Iran’s Revolutionary
Guard Corps Quds Force.
</text>
</subsection>
<subsection commented="no" id="H5C5262A1F3B54322B19A91EC1BCA24F1">
<enum>
(e)
</enum>
<header>
Committees of
Congress specified
</header>
<text>
The committees of Congress specified in this
subsection are the following:
</text>
<paragraph commented="no" id="H6128956FF42F42FA8A93FA0F0EA20C6A">
<enum>
(1)
</enum>
<text>
The Committee on
Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland
Security of the House of Representatives.
</text>
</paragraph>
<paragraph commented="no" id="H922EF8E1A3534E889CDEBEF71D1C4A8E">
<enum>
(2)
</enum>
<text>
The Committee on
Foreign Relations, the Committee on the Judiciary, and the Committee on
Homeland Security and Governmental Affairs of the
Senate.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" id="HBCA00E11764A4807AD967EDE8445BB50">
<enum>
(b)
</enum>
<header>
Clerical
amendment
</header>
<text display-inline="yes-display-inline">
The table of
contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is
amended by striking the item relating to section 304 and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HB1C22436175E40C2848B371477A87A7F" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 304. Designation of Iran’s
Revolutionary Guard Corps as foreign terrorist organization.
</toc-entry>
<toc-entry level="section">
Sec. 305. Rule of
construction.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HC27D604D99AB4AD09B2E8CE1E713F6CB">
<enum>
104.
</enum>
<header>
Imposition of
sanctions on certain persons responsible for or complicit in human rights
abuses, engaging in censorship, or engaging in the diversion of goods intended
for the people of Iran
</header>
<subsection id="H97D59D608A3F4C24892CEE19E0D37832">
<enum>
(a)
</enum>
<header>
Finding and
sense of Congress
</header>
<text display-inline="yes-display-inline">
Section
401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012
(Public Law
112–158; 126 Stat. 1251) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HD5969C456D3342CF8431E8382C4FBBD1" style="OLC">
<subsection id="H9055BB28E33D48C8AF0C17DDEA89EFA8">
<enum>
(a)
</enum>
<header>
Finding and
sense of Congress
</header>
<paragraph id="H56C23C0C2FA843BC9687A219ACDD0C56">
<enum>
(1)
</enum>
<header>
Finding
</header>
<text display-inline="yes-display-inline">
Congress finds that Iranian persons holding
the following positions in the Government of Iran are ultimately responsible
for and have and continue to knowingly order, control, direct and implement
gross violations of the human rights of the Iranian people, the human rights of
persons in other countries, censorship, and the diversion of food, medicine,
medical devices, agricultural commodities and other goods intended for the
Iranian people:
</text>
<subparagraph id="H002435DD072F491CB019E460C4323FDF">
<enum>
(A)
</enum>
<text>
The Supreme Leader
of Iran.
</text>
</subparagraph>
<subparagraph id="H3013EEE7E49E4F94A094D891E9D0622A">
<enum>
(B)
</enum>
<text>
The President of
Iran.
</text>
</subparagraph>
<subparagraph id="H22EAB464CD1A42E29DBF2BD1922BBC31">
<enum>
(C)
</enum>
<text>
Members of the
Council of Guardians.
</text>
</subparagraph>
<subparagraph id="H7DC41BF138964338BD25C888CE6611E5">
<enum>
(D)
</enum>
<text>
Members of the
Expediency Council.
</text>
</subparagraph>
<subparagraph id="H8AE1FE8EB88841CE8BB6C9F2C42C5F97">
<enum>
(E)
</enum>
<text>
The Minister of
Intelligence and Security.
</text>
</subparagraph>
<subparagraph id="H531C207C1DE245288841483929DF3B88">
<enum>
(F)
</enum>
<text>
The Commander of
the Iran’s Revolutionary Guard Corps.
</text>
</subparagraph>
<subparagraph id="HB3EC07776D97473FB1B5B79F1633F805">
<enum>
(G)
</enum>
<text>
The Commander of
the Basij-e-Mostaz’afin.
</text>
</subparagraph>
<subparagraph id="HA29E42DC3AF848A0A18719EBCF3DF189">
<enum>
(H)
</enum>
<text>
The Commander of
Ansar-e-Hezbollah.
</text>
</subparagraph>
<subparagraph id="H67A618B85AD84A3F8BD5167F51539985">
<enum>
(I)
</enum>
<text>
The Commander of
the Quds Force.
</text>
</subparagraph>
<subparagraph id="HB383F336C8AC4116A4824CD4650071C8">
<enum>
(J)
</enum>
<text>
The Commander in
Chief of the Police Force.
</text>
</subparagraph>
<subparagraph id="H94C8879E3DDB425F929E0F44FF849592">
<enum>
(K)
</enum>
<text display-inline="yes-display-inline">
Senior officials or key employees of an
organization described in any of subparagraphs (C) through (J) or in the Atomic
Energy Organization of Iran, the Islamic Consultative Assembly of Iran, the
Council of Ministers of Iran, the Assembly of Experts of Iran, the Ministry of
Defense and Armed Forces Logistics of Iran, the Ministry of Justice of Iran,
the Ministry of Interior of Iran, the prison system of Iran, or the judicial
system of Iran.
</text>
</subparagraph>
</paragraph>
<paragraph id="H24CFC71CDCDF47DB9BDD8B6D60F1AA5A">
<enum>
(2)
</enum>
<header>
Sense of
Congress
</header>
<text display-inline="yes-display-inline">
It is the sense of
Congress that—
</text>
<subparagraph id="H61F4DB160D3C478E9A504C4CA24192AF">
<enum>
(A)
</enum>
<text>
the President
should include any Iranian person holding a position in the Government of Iran
described in paragraph (1) on one or more of the lists of persons subject to
sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
(22 U.S.C.
8514(b), 8514a(b), 8514b(b), or 8514c(b)); and
</text>
</subparagraph>
<subparagraph id="HE62355F1E098442EB881458FE0204D26">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the President should impose sanctions on
such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act
(as the case may
be).
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H37812AA2C05642268B688D20D735ADCD">
<enum>
(b)
</enum>
<header>
Additional
finding and sense of Congress
</header>
<text display-inline="yes-display-inline">
Section 401 of the Iran Threat Reduction
and Syria Human Rights Act of 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/158">
Public Law 112–158
</external-xref>
; 126 Stat. 1251)
is amended—
</text>
<paragraph id="HFB22F6DD667E43D68E28607091C9AFEB">
<enum>
(1)
</enum>
<text>
by redesignating
subsection (b) as subsection (c); and
</text>
</paragraph>
<paragraph id="HD6F0DC825B994F759A2E284C53242DAD">
<enum>
(2)
</enum>
<text>
by inserting after
subsection (a) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H57972C8444314CD5B73C67773E4B0E0D" style="OLC">
<subsection id="HEB2A2D37E4E94ECD8541A7BF7061F649">
<enum>
(b)
</enum>
<header>
Additional
finding and sense of Congress
</header>
<paragraph id="H50B1C1DDB64C499792255837AE73D010">
<enum>
(1)
</enum>
<header>
Finding
</header>
<text display-inline="yes-display-inline">
Congress finds that other senior officials
of the Government of Iran, its agencies and instrumentalities, also have and
continue to knowingly order, control, direct, and implement gross violations of
the human rights of the Iranian people and the human rights of persons in other
countries.
</text>
</paragraph>
<paragraph id="H16D6ECA4278E466C92D01238F1705853">
<enum>
(2)
</enum>
<header>
Sense of
Congress
</header>
<text>
It is the sense of Congress that—
</text>
<subparagraph id="H968B8884327B43BBA3B483FD044FAE44">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the President should investigate violations
of human rights described in paragraph (1) to identify other senior officials
of the Government of Iran that also have or continue to knowingly order,
control, direct, and implement gross violations of human rights of the Iranian
people and the human rights of persons in other countries;
</text>
</subparagraph>
<subparagraph id="HB4B244A8A0B94F9BAA45BC630939AAC9">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the President should include any such
official on one or more of the lists of persons subject to sanctions pursuant
to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8514">
22 U.S.C. 8514(b)
</external-xref>
, 8514a(b),
8514b(b), or 8514c(b)); and
</text>
</subparagraph>
<subparagraph id="H5A30683BF3414328A259E4033656C584">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the President should impose sanctions on
any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as
the case may
be).
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H11F76C46CA834F48BF14D27FF2AED6E8">
<enum>
(c)
</enum>
<header>
Report
</header>
<text>
Section
401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012
(Public Law
112–158; 126 Stat. 1251) (as redesignated by subsection (b) of
this section) is amended—
</text>
<paragraph id="HB434AF3D18DD40A2BB13AD71C8437B2B">
<enum>
(1)
</enum>
<text>
by striking
<quote>
Not later than
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA2808AD531EF45638B7C389E68C535F4" style="OLC">
<subparagraph id="H4E8CA96EFDFC42E789EDE2A0F6FC3E06">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Not later
than
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph display-inline="no-display-inline" id="H97AFB285913940B6AA3056A780C8EA83">
<enum>
(2)
</enum>
<text>
by striking
<quote>
this Act
</quote>
and inserting
<quote>
the Nuclear Iran Prevention Act of
2013, and annually thereafter for 3 years
</quote>
;
</text>
</paragraph>
<paragraph id="H5B907645411F45429BE1C1442E7CA2FE">
<enum>
(3)
</enum>
<text>
by striking
<quote>
otherwise directing the commission of
</quote>
and
inserting
</text>
<quoted-block display-inline="yes-display-inline" id="H0E3A1687201D427C893395B018104735" style="OLC">
<text>
otherwise
directing—
</text>
<clause id="HCD8A491727EC431C868E004A93496113">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
the commission
of
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H6050CD10177F4206A8FB98A356B3B909">
<enum>
(4)
</enum>
<text>
by striking
<quote>
Iran.
</quote>
and
inserting
</text>
<quoted-block display-inline="yes-display-inline" id="H4B483F4E7F0141BCB73908354108DADB" style="OLC">
<text>
Iran;
</text>
<clause id="H2C42FEB9C67D41279FFADCC2DBA1203F">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
censorship or related activities with
respect to Iran; or
</text>
</clause>
<clause id="H1A35CD13FFE24830A377DE51EAD8D822">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
the diversion of goods, food, medicine,
medical devices, and agricultural commodities, intended for the people of
Iran.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H87CD579AAA84422CBD04413717A63710">
<enum>
(5)
</enum>
<text>
by striking
<quote>
For any such person
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HF0D6C46656E84E55868A8D70BFC950FE" style="OLC">
<subparagraph id="H8CE46B90CC8942D3BEF5BE079345A9F8">
<enum>
(B)
</enum>
<header>
Requirement
relating to persons not included
</header>
<text display-inline="yes-display-inline">
For any such
person
</text>
</subparagraph>
<after-quoted-block>
;
and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H806C1879C6C14673B84D14B004700C03">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following new
subparagraph:
</text>
<quoted-block display-inline="no-display-inline" id="H99DDF7F037EA48658198BE6BAEFB13AC" style="OLC">
<subparagraph id="H7C7BA2AB9B3D43EEB9744E33220D89C9">
<enum>
(C)
</enum>
<header>
Requirement
relating to financial net worth
</header>
<text display-inline="yes-display-inline">
For each such person described in
subparagraph (A) and each such person described in subparagraph (B), the
Secretary of State shall include in the report a description of the estimated
net worth of the person.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H85F898E51A504AD1BBFB46CC5CADDB57">
<enum>
(d)
</enum>
<header>
Additional
report
</header>
<text display-inline="yes-display-inline">
Section 401 of the
Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law
112–158; 126 Stat. 1251), as amended by this section, is
further amended by adding at the end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H1D607BA77D464B378B6CE763ED37BDA2" style="OLC">
<subsection id="H5247F95AE7FE49FB86180F275B3C62D1">
<enum>
(d)
</enum>
<header>
Additional
report
</header>
<paragraph id="H3A22B88D337F45FBAE6FBBD8341766D4">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Not later than 180 days after the date of the enactment
of the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3
years, the Secretary of State shall submit to the appropriate congressional
committees a detailed report with respect to whether each person described in
subsection (a) or any family member of such person has facilitated deceptive
transactions for or on behalf of any person subject to United States sanctions
concerning Iran in violation of Executive Order 13608 of May 1, 2012 (77 Fed.
Reg. 26409; 50
U.S.C. 1701 note) or any other provision of law.
</text>
</paragraph>
<paragraph id="H9879DC7552504F2EAC43305C81565E2F">
<enum>
(2)
</enum>
<header>
Family member
defined
</header>
<text>
In this subsection, the term
<quote>
family member
</quote>
includes, with respect to a person, any relative of such person to the third
degree of
consanguinity.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H4748497C17494C3DBB0A5C4EB24AD22D">
<enum>
(e)
</enum>
<header>
Conforming
amendment
</header>
<text display-inline="yes-display-inline">
The heading for
section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012
(Public Law
112–158; 126 Stat. 1251) is amended by striking
<quote>
<header-in-text level="section" style="OLC">
committed
against
</header-in-text>
</quote>
and all that follows and inserting
<quote>
<header-in-text level="section" style="OLC">
, engaging in censorship, or
engaging in the diversion of goods intended for the people of
Iran.
</header-in-text>
</quote>
.
</text>
</subsection>
<subsection id="H34C0F45052E64629989CDD0F06D1C89F">
<enum>
(f)
</enum>
<header>
Clerical
amendment
</header>
<text display-inline="yes-display-inline">
The table of
contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is
amended by striking the item relating to section 401 and inserting the
following:
</text>
<quoted-block display-inline="no-display-inline" id="HCAC3A15AC270467FB77F9A86A7280533" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 401. Imposition of sanctions on
certain persons responsible for or complicit in human rights abuses, engaging
in censorship, or engaging in the diversion of goods intended for the people of
Iran.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HC6419E1CBE034F2BB22DAC7A1F6E2BEC">
<enum>
105.
</enum>
<header>
Sense of
Congress on elections in Iran
</header>
<subsection id="H8589DE600F244687A3594AF5246A8A43">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text display-inline="yes-display-inline">
Congress makes the following
findings:
</text>
<paragraph id="H2B8ACE61116742F9B4913BD08BD20253">
<enum>
(1)
</enum>
<text>
The Iranian people
are systematically denied free, fair, and credible elections by the Government
of the Islamic Republic of Iran.
</text>
</paragraph>
<paragraph id="H8539DD04F6094645ABA6B9186B756163">
<enum>
(2)
</enum>
<text>
The unelected and
unaccountable Guardian Council disqualifies hundreds of qualified candidates,
including women and most religious minorities, while the regime intimidates
others into staying out of elections completely.
</text>
</paragraph>
<paragraph id="HA810F85F44954D98BC3C7F1453BDBB05">
<enum>
(3)
</enum>
<text>
Voting
inconsistencies, including an absence of international observers, and fraud are
commonplace.
</text>
</paragraph>
<paragraph id="HA045E57ED8C5433AB45CE8247791E91C">
<enum>
(4)
</enum>
<text>
The 2009
presidential elections proved that the regime will engage in large scale
vote-rigging to ensure a specific result.
</text>
</paragraph>
<paragraph id="HE762C961EBF5447ABA372F35E2C655C2">
<enum>
(5)
</enum>
<text>
The Iranian regime
combines electoral manipulation with the ruthless suppression of dissent.
Following the 2009 elections, peaceful demonstrators were met with violence by
the regime’s security apparatus, including arbitrary detentions, beatings,
kidnappings, rapes, and murders.
</text>
</paragraph>
<paragraph id="H50BB94B56F644C90AAA567E5EEE375DC">
<enum>
(6)
</enum>
<text>
The electoral
manipulation and human rights violations are in violation of the Government of
Iran’s agreed to obligations under the United Nations International Covenant on
Civil and Political Rights.
</text>
</paragraph>
</subsection>
<subsection id="H4BB77C82A7EE4B898D746BC508F4118E">
<enum>
(b)
</enum>
<header>
Sense of
Congress
</header>
<text>
It is the sense of the Congress that—
</text>
<paragraph id="H59B53D4E4CDB45E0BEBED18434A8449C">
<enum>
(1)
</enum>
<text>
the Iranian people
are deprived by their government of free, fair, and credible elections;
</text>
</paragraph>
<paragraph id="H85D5BDF8350340E0AB6890D560F23C24">
<enum>
(2)
</enum>
<text>
the United States
should support freedom, human rights, civil liberties, and the rule of law in
Iran, and elections that are free and fair, meet international standards, and
allow independent international and domestic electoral observers unrestricted
access to polling and counting stations; and
</text>
</paragraph>
<paragraph id="H58C683BBB78D4D4D97CF55964A025B1D">
<enum>
(3)
</enum>
<text>
the United States
should support the people of Iran in their peaceful calls for a representative
and responsive democratic government that respects human rights, civil
liberties, and the rule of law.
</text>
</paragraph>
</subsection>
</section>
<section id="H8AF9816AA6A34A11934DDD0E7167E72F">
<enum>
106.
</enum>
<header>
Sense of
Congress on designation of a Special Coordinator for advancing human rights and
political participation for women in Iran
</header>
<text display-inline="no-display-inline">
It is the sense of Congress that the
Secretary of State should designate a Special Coordinator position in the
Bureau of Near Eastern Affairs whose primary function is to facilitate
cooperation across departments for the purpose of advancing human rights and
political participation for women in Iran, as well as to prepare evidence and
information to be used in identifying Iranian officials for designation as
human rights violators for their involvement in violating the human rights of
women in Iran.
</text>
</section>
</title>
<title id="HA9E7811F3AED4F9FAA4EFCE9978650A4">
<enum>
II
</enum>
<header>
Economic and
financial sanctions
</header>
<subtitle id="H83E095B8EA294A428515042397CBFEEE">
<enum>
A
</enum>
<header>
Amendments to Iran
Sanctions Act of 1996
</header>
<section id="HBAB2EC46FF6347F38FC3C5E6FB7738B7">
<enum>
201.
</enum>
<header>
Transfer to
Iran of goods, services, or technology that would materially contribute to
Iran’s ability to mine or mill uranium
</header>
<subsection id="HDF10627F12634B388CB036089274CE00">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Section 5(b) of the Iran Sanctions Act of 1996
(Public Law
104–172;
50 U.S.C.
1701 note) is amended by adding at the end the following new
paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HA1C87A8CD04444C6BC5FCADE17767587" style="OLC">
<paragraph id="H11D024806E054B7B85C60E1FDA470503">
<enum>
(3)
</enum>
<header>
Transfer to Iran
of goods, services, or technology that can be used for mining or milling of
uranium
</header>
<text display-inline="yes-display-inline">
Except as provided in
subsection (f), the President shall impose 5 or more of the sanctions described
in section 6(a) with respect to a person if the President determines that the
person knowingly transferred, on or after the date of the enactment of the
Nuclear Iran Prevention Act of 2013, to Iran goods, services, or technology
that would materially contribute to Iran’s ability to mine or mill
uranium.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HA2AA3E951E9F48B1A788049227A5DEFD">
<enum>
(b)
</enum>
<header>
Conforming
amendments
</header>
<text display-inline="yes-display-inline">
Section 5 of such
Act is amended in subsection (b)(3), (c), and (f) by striking
<quote>
paragraph
(1) or (2)
</quote>
each place it appears and inserting
<quote>
paragraph (1),
(2), or (3)
</quote>
.
</text>
</subsection>
</section>
<section id="H59BE51F4B0E248EBA15BE137391DEBF5">
<enum>
202.
</enum>
<header>
Repeal of
waiver of sanctions relating to development of weapons of mass destruction or
other military capabilities
</header>
<text display-inline="no-display-inline">
Section 9(c)(1) of the Iran Sanctions Act of
1996 (Public
Law 104–172;
50 U.S.C.
1701 note) is amended—
</text>
<paragraph id="H3DEB77B4C06645679E2C562319029494">
<enum>
(1)
</enum>
<text>
by striking
subparagraph (B);
</text>
</paragraph>
<paragraph id="H2B71185913B14189887E8E361A7F8169">
<enum>
(2)
</enum>
<text>
by redesignating
subparagraph (C) as subparagraph (B); and
</text>
</paragraph>
<paragraph id="H06B6B2BC653B4D1C9226CAAAD9D170E7">
<enum>
(3)
</enum>
<text>
in subparagraph
(B) (as redesignated by paragraph (2) of this section)—
</text>
<subparagraph id="H56BB528FA47B43A3AC45A4B6E9EA9CF6">
<enum>
(A)
</enum>
<text>
by striking
<quote>
or (B)
</quote>
each place it appears; and
</text>
</subparagraph>
<subparagraph id="H9256B05448B2478BBAD74AD5B17F6902">
<enum>
(B)
</enum>
<text>
by striking
<quote>
, as applicable
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
</subtitle>
<subtitle id="H59FA744E9EEB46E690552DAF37C0B006">
<enum>
B
</enum>
<header>
Amendments to
Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and
Iran Threat Reduction and Syria Human Rights Act of 2012
</header>
<section id="H2465FF2B8A7B4493B484C52CAF37AC80">
<enum>
211.
</enum>
<header>
Modifications
to prohibition on procurement contracts with persons that export sensitive
technology to Iran
</header>
<subsection id="H7FF8BE26F8E84AC08114DD288046C555">
<enum>
(a)
</enum>
<header>
Application to
owners and subsidiaries
</header>
<text display-inline="yes-display-inline">
Subsection (a) of section 106 of the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
(Public Law
111–195;
22 U.S.C.
8515) is amended—
</text>
<paragraph id="HBA2B706DE9D24A24BF992EA58C364EAE">
<enum>
(1)
</enum>
<text>
by striking
<quote>
goods or services with a person
</quote>
and inserting the following:
</text>
<quoted-block display-inline="yes-display-inline" id="H8F57996C9FC94A689280C8C065980B21" style="OLC">
<text>
goods or services—
</text>
<paragraph id="H127B89E1465F44738BEFB39FE754DBD7">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
with a
person
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H3320EFA86CD1415D8CD7AB4031129E88">
<enum>
(2)
</enum>
<text>
in paragraph (1),
as added by paragraph (1) of this subsection, by striking the period at the end
and inserting and inserting
<quote>
; or
</quote>
; and
</text>
</paragraph>
<paragraph id="HA8B0DE390F9C45E78084BA3E3CFA0AE6">
<enum>
(3)
</enum>
<text>
by adding at the
end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H10D174436CA54724BC7F71FB203C02C7" style="OLC">
<paragraph id="H2858288070DF4F40A4FFCA9FF160F1AF">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
with respect to a person acting on behalf
of or at the direction of, or owned or controlled by, a person described in
paragraph (1) or a person who owns or controls a person described in paragraph
(1).
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H5C026BCC53584B72AF394B45B84CADA1">
<enum>
(b)
</enum>
<header>
Sensitive
technology defined
</header>
<text display-inline="yes-display-inline">
Subsection
(c)(1) of such section is amended by striking
<quote>
is to be used
specifically
</quote>
and inserting
<quote>
has been designed or specifically
modified
</quote>
.
</text>
</subsection>
<subsection id="HDC4F1B47385B4AF6A3432E6520E5624D">
<enum>
(c)
</enum>
<header>
Presidential
determination and imposition of additional sanctions
</header>
<text display-inline="yes-display-inline">
Such section, as so amended, is further
amended by adding at the end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="HC8CB9BF3E4E647BD8BB4C0B03314CB93" style="OLC">
<subsection id="HCFE1FBF52C1C4BFCB93D88289A80A616">
<enum>
(e)
</enum>
<header>
Presidential
determination and imposition of additional sanctions
</header>
<text display-inline="yes-display-inline">
The President shall impose 5 or more of the
sanctions described in section 6(a) of the Iran Sanctions Act of 1996
(Public Law
104–172;
50 U.S.C.
1701 note) with respect to—
</text>
<paragraph id="H605EA233ADBD4E0DBE82109B3A4BE1BE">
<enum>
(1)
</enum>
<text>
a person if the
President determines that the person knowingly exports sensitive technology to
Iran; or
</text>
</paragraph>
<paragraph id="H4DBB4D36DA8C4457852B45B66A49A30B">
<enum>
(2)
</enum>
<text>
a person acting on
behalf of or at the direction of, or owned or controlled by, a person described
in paragraph (1) or a person who owns or controls a person described in
paragraph
(1).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H5CB279416F5B402EA1C2A33BF5346890">
<enum>
(d)
</enum>
<header>
Conforming
amendment
</header>
<text>
The heading of such section is amended by inserting
<quote>
<header-in-text level="section" style="OLC">
and imposition of sanctions
against
</header-in-text>
</quote>
after
<quote>
<header-in-text level="section" style="OLC">
with
</header-in-text>
</quote>
.
</text>
</subsection>
<subsection id="H3895ED673DCC49BA9F568692EAA7FB7F">
<enum>
(e)
</enum>
<header>
Clerical
amendment
</header>
<text display-inline="yes-display-inline">
The table of
contents for the Comprehensive Iran Sanctions, Accountability, and Divestment
Act of 2010 is amended by striking the item relating to section 106 and
inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HDD2D3C1FB62240CBA52DC3B76C14D1A2" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 106. Prohibition on procurement
contracts with and imposition of sanctions against persons that export
sensitive technology to
Iran.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H6EE022EBE38846E09DBD969A456BF00E">
<enum>
(f)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by this section take effect on the date
of the enactment of this Act and apply with respect to exports of sensitive
technology to Iran that occur on or after such date of enactment.
</text>
</subsection>
</section>
<section id="HB215729A9A7E4591BBC2C401C5F02196">
<enum>
212.
</enum>
<header>
Authority of
State and local governments to avoid exposure to sanctioned persons and
sectors
</header>
<subsection id="HC54C3275626C4500AD67494F5B409978">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Section 202 of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8532">
22 U.S.C. 8532
</external-xref>
) is amended by
striking subsections (a), (b), and (c) and inserting the following:
</text>
<quoted-block id="HBDA2137E69F44075BAD224FDE5BF37E1" style="OLC">
<subsection id="HEE36CD3330E94CDB91E534EFB17C4005">
<enum>
(a)
</enum>
<header>
Sense of
congress
</header>
<text display-inline="yes-display-inline">
It is the sense of
Congress that the United States should respect the decision of any State or
local government to divest from or prohibit the investment of assets of the
State or local government in a person described in subsection (c) or to impose
disclosure and transparency requirements on any person subject to the
jurisdiction of such government, except with respect to an activity that is
exempt, licensed, or otherwise authorized by a Federal department or
agency.
</text>
</subsection>
<subsection id="H94B50FEA3C3D4EE18587519DB6212183">
<enum>
(b)
</enum>
<header>
Authority
</header>
<text>
Notwithstanding
any other provision of law, a State or local government may adopt and enforce
measures that meet the requirements of subsection (d)—
</text>
<paragraph id="HC49B7BFD450F417DAC584CD2FD45A9C3">
<enum>
(1)
</enum>
<text>
to divest the
assets of the State or local government from a person described in subsection
(c);
</text>
</paragraph>
<paragraph id="H2F982597DC9B4DA8A091D4CB0284D6AF">
<enum>
(2)
</enum>
<text>
to prohibit
investment of the assets of the State or local government in any such person;
or
</text>
</paragraph>
<paragraph id="H898B49A902294E438CDC25AA4AD843E7">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
to impose disclosure and transparency
requirements on any person subject to the jurisdiction of such government,
except with respect to an activity that is exempt, licensed, or otherwise
authorized by a Federal department or agency.
</text>
</paragraph>
</subsection>
<subsection id="H380154CA5D5D4605A7C3E162BC85E4CA">
<enum>
(c)
</enum>
<header>
Persons
described
</header>
<text>
A person described in this subsection is a person with
respect to which sanctions have been, and continue to be, imposed pursuant
to—
</text>
<paragraph id="H4DCCE4E86B23405EB9AEBEFF0D037D49">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
section 104(c) of this Act;
</text>
</paragraph>
<paragraph id="H55976433E5584217A1AD315EF8E638EE">
<enum>
(2)
</enum>
<text>
section 5 of the
Iran Sanctions Act of 1996 (
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701
</external-xref>
note);
</text>
</paragraph>
<paragraph id="H7C1E595856D34D7B9A591C1F5F77BA7D">
<enum>
(3)
</enum>
<text>
section 1245(d) of
the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C.
8513a(d)); or
</text>
</paragraph>
<paragraph id="H8CD966774B07457C8E793A5FBCFBD6D8">
<enum>
(4)
</enum>
<text>
sections 1244,
1245, 1246 or 1247 of the National Defense Authorization Act for Fiscal Year
2013 (22 U.S.C.
8803, 8804, 8805, or
8806).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H58149A70A21445B1AA64D63530E996FD">
<enum>
(b)
</enum>
<header>
Conforming
amendments
</header>
<text>
Section 202 of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8532">
22 U.S.C. 8532
</external-xref>
) is amended—
</text>
<paragraph id="H79C1883757B749BFA6C35A50EFF8DFED">
<enum>
(1)
</enum>
<text>
in subsection
(d)(4), by striking
<quote>
engages in investment activities in Iran described
in subsection (c)
</quote>
and inserting
<quote>
is a person described in
subsection (c)
</quote>
;
</text>
</paragraph>
<paragraph id="H328EDAB860534E9DA151E0350F6432A5">
<enum>
(2)
</enum>
<text>
in subsection (f),
by striking
<quote>
or (i)
</quote>
and inserting
<quote>
or (g)
</quote>
;
</text>
</paragraph>
<paragraph commented="no" id="H7891C07F53394B1C90A846C9DC334325">
<enum>
(3)
</enum>
<text>
by striking
subsection (h) and by redesignating subsections (i) and (j) as subsections (h)
and (i), respectively; and
</text>
</paragraph>
<paragraph id="HFDB83A06ADEE4AE19FB2FF9B1B61497F">
<enum>
(4)
</enum>
<text>
in paragraph (1)
of subsection (i) (as redesignated by paragraph (3) of this subsection), by
striking
<quote>
(determined without regard to subsection (c))
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HE8B0D3AE9EB249CB8E0F8A29D16A298F">
<enum>
(c)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by this section apply to measures
adopted by State and local governments on or after the date of the enactment of
this Act.
</text>
</subsection>
</section>
<section id="H3C97287A16AE431FAB9614FA7A1A44F4">
<enum>
213.
</enum>
<header>
Sense of
Congress regarding the European Central Bank
</header>
<subsection id="H4EADD0914559482BBD94FC438DA0B305">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text display-inline="yes-display-inline">
Congress finds the following:
</text>
<paragraph id="H4A4B0DB40CFF4FBF8B5CAA0E512DA6BA">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
The Government of Iran, its agencies and
instrumentalities, continue to have access to, and utilize, euro-denominated
transactions, including for goods and services that are subject to sanctions
imposed by the United States, the European Union and its member states and by
the United Nations.
</text>
</paragraph>
<paragraph id="HFE61AA11047A4D52AEFEA3ADBC653A69">
<enum>
(2)
</enum>
<text>
The Guidelines of
the European Central Bank (Article 39(1)) states that:
<quote>
Participants
shall be deemed to be aware of, and shall comply with, all obligations on them
relating to legislation on data protection, prevention of money laundering and
the financing of terrorism, proliferation-sensitive nuclear activities and the
development of nuclear weapons delivery systems, in particular in terms of
implementing appropriate measures concerning any payments debited or credited
on their PM accounts.
</quote>
</text>
</paragraph>
<paragraph id="H94F9CA66FC0B428885D82B57A5BB2874">
<enum>
(3)
</enum>
<text>
United States and
European convergence with respect to United States sanctions efforts toward the
Government of Iran is a vital component of United States policy aimed at
preventing the Government of Iran from acquiring a nuclear weapons
capability.
</text>
</paragraph>
</subsection>
<subsection id="HB3B8D8ECC4F0418B9F6448508E842BED">
<enum>
(b)
</enum>
<header>
Sense of
Congress
</header>
<text display-inline="yes-display-inline">
It is the sense of
Congress that the President should continue to closely coordinate and cooperate
with the European Union and its member states to restrict access to and use of
the euro currency by the Government of Iran, its agencies and
instrumentalities, for transactions with the exception of food, medicine,
medical devices, and agricultural commodities.
</text>
</subsection>
</section>
<section id="HD92F400D60374843A7B0627351C36442">
<enum>
214.
</enum>
<header>
Imposition of
sanctions with respect to certain transactions in foreign currencies
</header>
<subsection id="H691051621ECC4974A8858BFA0A5FAF01">
<enum>
(a)
</enum>
<header>
Imposition of
sanctions
</header>
<text>
Subtitle B of title II of the Iran Threat Reduction and
Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8721">
22 U.S.C. 8721 et seq.
</external-xref>
) is amended
by inserting after section 220 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H25DE2A44EE6E47CE8F6E31ABC71C9FAB" style="OLC">
<section id="HEB51418BD5904369842F5B7E70A0E53F">
<enum>
220A.
</enum>
<header>
Imposition of
sanctions with respect to certain transactions in foreign currencies
</header>
<subsection id="HC6B3E8F4E3E44381B1264F329679B9AD">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Except as provided in this section, the President—
</text>
<paragraph id="H69C490E3F2F1420282E9275278F23A73">
<enum>
(1)
</enum>
<text>
shall prohibit the
opening, and prohibit or impose strict conditions on the maintaining, in the
United States of a correspondent account or a payable-through account by a
foreign financial institution that is a person described in subsection (c);
and
</text>
</paragraph>
<paragraph id="HC2D779369E174A8A8D3452F9017522A7">
<enum>
(2)
</enum>
<text>
may impose
sanctions pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et
seq.) with respect to any other person described in subsection
(c).
</text>
</paragraph>
</subsection>
<subsection id="HF6FA8434A5534F5C9937B0C83D42D27D">
<enum>
(b)
</enum>
<header>
Exception
</header>
<text display-inline="yes-display-inline">
The authority to impose sanctions under
subsection (a)(2) shall not include the authority to impose sanctions relating
to the importation of goods.
</text>
</subsection>
<subsection id="HC7240DB427B64E63B0415CA137FC74F2">
<enum>
(c)
</enum>
<header>
Person
described
</header>
<text>
A person described in this subsection is a person the
President determines has—
</text>
<paragraph id="HEE30BF08672A4ADB94FB837CC8A146BF">
<enum>
(1)
</enum>
<text>
knowingly
conducted or facilitated a significant transaction involving the currency of a
country other than the country in which the person is operating at the time of
the transaction with, for, or on behalf of—
</text>
<subparagraph id="H4AA05438AD394000BBA40C4E53BE771C">
<enum>
(A)
</enum>
<text>
the Central Bank
of Iran or another Iranian financial institution designated by the Secretary of
the Treasury for the imposition of sanctions pursuant to the International
Emergency Economic Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701 et seq.
</external-xref>
); or
</text>
</subparagraph>
<subparagraph id="H5E9D2C7941604BDB86778A758E7B1B29">
<enum>
(B)
</enum>
<text>
a person described
in section 1244(c)(2) of the Iran Freedom and Counter-Proliferation Act
(22 U.S.C.
8803(c)(2)) (other than a person described in subparagraph
(C)(iii) of that section); or
</text>
</subparagraph>
</paragraph>
<paragraph id="HDFAAD93F6C944D64BBC8CF175BDD0D28">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
knowingly conducted or facilitated a
significant transaction by another person involving the currency of a country
other than the country in which that other person is operating at the time of
the transaction, with, for, or on behalf of a person described in subparagraph
(A) or (B) of paragraph (1).
</text>
</paragraph>
</subsection>
<subsection id="H9FEA7E1E471048B0BA553E53611DCD93">
<enum>
(d)
</enum>
<header>
Waiver
</header>
<paragraph id="HCCBF8101B80843B18FC9483E570668B9">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The President may waive the application of subsection (a)
with respect to a person for a period of not more than 180 days, and may renew
that waiver for additional periods of not more than 180 days, if the
President—
</text>
<subparagraph id="HFA805073C74549F493A19CCD3E0E595F">
<enum>
(A)
</enum>
<text>
determines that
the waiver is vital to the national security of the United States; and
</text>
</subparagraph>
<subparagraph id="HFB4F0849A0A04A0DA567DC94A28CC1F0">
<enum>
(B)
</enum>
<text>
not less than 7
days before the waiver or the renewal of the waiver, as the case may be, takes
effect, submits a report to the appropriate congressional committees on the
waiver and the reason for the waiver.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HED4E103182434947831E828105CECF93">
<enum>
(2)
</enum>
<header>
Form of
report
</header>
<text>
Each report submitted under paragraph (1)(B) shall be
submitted in unclassified form but may include a classified annex.
</text>
</paragraph>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="H4DEF3B3CFC3E4385A2345646C1ED4504">
<enum>
(e)
</enum>
<header>
Rule of
construction
</header>
<text>
Nothing in this section shall be construed to
prohibit any person from, or authorize or require the imposition of sanctions
with respect to any person for, conducting or facilitating any transaction in
the currency of the country in which the person is operating at the time of the
transaction for the sale of agricultural commodities, food, medicine, or
medical devices.
</text>
</subsection>
<subsection commented="no" id="H0E58ED1B4BE94747B4E9AE116D187BD7">
<enum>
(f)
</enum>
<header>
Definitions
</header>
<text>
In
this section:
</text>
<paragraph commented="no" id="H4A5B93EA31214F8C9D7444C0E758B9A2">
<enum>
(1)
</enum>
<header>
Account;
correspondent account; payable-through account
</header>
<text>
The terms
<term>
account
</term>
,
<term>
correspondent account
</term>
, and
<term>
payable-through account
</term>
have the meanings given those terms in
section
5318A of title 31, United States Code.
</text>
</paragraph>
<paragraph commented="no" id="HFCB0DDB4A6364518863927D000628A67">
<enum>
(2)
</enum>
<header>
Agricultural
commodity
</header>
<text>
The term
<term>
agricultural commodity
</term>
has the
meaning given that term in section 102 of the Agricultural Trade Act of 1978
(7 U.S.C.
5602).
</text>
</paragraph>
<paragraph commented="no" id="HABD760216749470FB5B977A47C31EE0B">
<enum>
(3)
</enum>
<header>
Foreign
financial institution
</header>
<text>
The term
<term>
foreign financial
institution
</term>
has the meaning given that term in
section
561.308 of title 31, Code of Federal Regulations (or any
corresponding similar regulation or ruling).
</text>
</paragraph>
<paragraph id="HB78C4066EFE244EFA22BD585C1222E70">
<enum>
(4)
</enum>
<header>
Good
</header>
<text display-inline="yes-display-inline">
The term
<quote>
good
</quote>
has the
meaning given that term in section 16 of the Export Administration Act of 1979
(
<external-xref legal-doc="usc-appendix" parsable-cite="usc-appendix/50/2415">
50 U.S.C. App. 2415
</external-xref>
) (as
continued in effect pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et
seq.)).
</text>
</paragraph>
<paragraph commented="no" id="HBE81E0642A7D4999B627431395808C52">
<enum>
(5)
</enum>
<header>
Iranian
financial institution
</header>
<text>
The term
<term>
Iranian financial
institution
</term>
has the meaning given that term in section 104A(d) of the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
(22 U.S.C.
8513b(d)).
</text>
</paragraph>
<paragraph commented="no" id="HF22D3B336BE54623A99B54574591B3F6">
<enum>
(6)
</enum>
<header>
Medical
device
</header>
<text>
The term
<term>
medical device
</term>
has the meaning given
the term
<term>
device
</term>
in section 201 of the Federal Food, Drug, and
Cosmetic Act (21
U.S.C. 321).
</text>
</paragraph>
<paragraph commented="no" id="HC150400B4ABB4EC4A630C5D526BE23DF">
<enum>
(7)
</enum>
<header>
Medicine
</header>
<text>
The
term
<term>
medicine
</term>
has the meaning given the term
<term>
drug
</term>
in
section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321).
</text>
</paragraph>
<paragraph commented="no" id="HF697B1B836A04A969DC4AA11B5FB0B74">
<enum>
(8)
</enum>
<header>
Transaction
</header>
<text>
The
term
<term>
transaction
</term>
includes a foreign exchange swap, a foreign
exchange forward, and any other type of similar currency exchange or conversion
or similar derivative
instrument.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HA7C00D550707469DA2415D004FE57BBC">
<enum>
(b)
</enum>
<header>
Conforming
amendments
</header>
<paragraph commented="no" id="H581D9A5687E04C108306377A96EA5D9E">
<enum>
(1)
</enum>
<header>
Implementation
</header>
<text>
Section
601(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012
(22 U.S.C.
8781(a)(1)) is amended by inserting
<quote>
220A,
</quote>
after
<quote>
220,
</quote>
.
</text>
</paragraph>
<paragraph commented="no" id="H7B16AF35E43A4C7B828407B254C266ED">
<enum>
(2)
</enum>
<header>
Penalties
</header>
<text>
Section
601(b)(2)(A) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/22/8781">
22 U.S.C. 8781(b)(2)(A)
</external-xref>
) is amended
by striking
<quote>
and 220,
</quote>
and inserting
<quote>
220, and
220A,
</quote>
.
</text>
</paragraph>
<paragraph id="H50B4B3CC973B4F089DE4B3CA9493CC65">
<enum>
(3)
</enum>
<header>
Termination
</header>
<text>
Section
605(a) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/22/8785">
22 U.S.C. 8785(a)
</external-xref>
) is amended by
inserting
<quote>
220A,
</quote>
after
<quote>
220,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H37364E8C3563464195F98B2E04CFECE0">
<enum>
(c)
</enum>
<header>
Clerical
amendment
</header>
<text>
The table of contents for the Iran Threat Reduction and
Syria Human Rights Act of 2012 is amended by inserting after the item relating
to section 220 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H4F0337519AC34BE193C6DB4C1E937BD2" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 220A. Imposition of
sanctions with respect to certain transactions in foreign
currencies.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H03A5E6872ECA4A6A8BBD10192C7E3DCC">
<enum>
(d)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by this section take effect on the date
of the enactment of this Act and apply with respect to transactions entered
into on or after May 22, 2013.
</text>
</subsection>
</section>
<section id="H7DBA63EC0E78471A9824F163FBE7870C">
<enum>
215.
</enum>
<header>
Sanctions with
respect to certain transactions with Iran
</header>
<subsection id="H9E1EC06BB37941D281A5E65AA89E00C4">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Subtitle B of title
II of the Iran Threat Reduction and Syria Human Rights Act of 2012
(22 U.S.C. 8721 et
seq.) is amended by adding at the end the following new
section:
</text>
<quoted-block display-inline="no-display-inline" id="H5ED773A1EB0744F384548D0B53F398A6" style="OLC">
<section id="H3D553EC6AB81470A8FD274BA0D440CEB">
<enum>
225.
</enum>
<header>
Sanctions with
respect to certain transactions with Iran
</header>
<subsection id="H29AE4FC752FB4012AB11484417A723EB">
<enum>
(a)
</enum>
<header>
Authorization of
sanctions
</header>
<paragraph id="HE48E0F48C4D441D3908B25F85D5BC403">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Except as provided in
this section, the President may impose sanctions pursuant to the International
Emergency Economic Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701 et seq.
</external-xref>
) on a
foreign person that the President determines has, on or after the date that is
60 days after the date of the enactment of the Nuclear Iran Prevention Act of
2013, knowingly conducted or facilitated a significant financial transaction
with the Central Bank of Iran or other Iranian financial institution that has
been designated by the Secretary of the Treasury for the imposition of
sanctions pursuant to the International Emergency Economic Powers Act,
for—
</text>
<subparagraph id="HA83C7BE3DFE14D46911D35377F3D685C">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the purchase of goods or services by a
person in Iran or on behalf of a person in Iran; or
</text>
</subparagraph>
<subparagraph id="H5B376FCF637B4F5EA50A410FC2179B0C">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the purchase of goods or services from a
person in Iran or on behalf of a person in Iran.
</text>
</subparagraph>
</paragraph>
<paragraph id="HF0C4AA14188A40D399CF0A435DC2B89C">
<enum>
(2)
</enum>
<header>
Exception
</header>
<subparagraph id="HB718D49E759349EBBFA4C96551FB7481">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The authority to impose sanctions under paragraph (1)
shall not include the authority to impose sanctions relating to the importation
of goods.
</text>
</subparagraph>
<subparagraph id="H636124A72C214D42ABF25BA86BEC4676">
<enum>
(B)
</enum>
<header>
Good
</header>
<text>
In
this paragraph, the term
<quote>
good
</quote>
has the meaning given that term in
section 16 of the Export Administration Act of 1979 (50 U.S.C. App.
2415) (as continued in effect pursuant to the International
Emergency Economic Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701 et seq.
</external-xref>
)).
</text>
</subparagraph>
</paragraph>
<paragraph id="HE88DA8E98755452B839F12290E496918">
<enum>
(3)
</enum>
<header>
Rule of
construction
</header>
<text display-inline="yes-display-inline">
Nothing in this
section shall be construed to affect the imposition of sanctions with respect
to a financial transaction for the purchase of petroleum or petroleum products
from Iran under section 1245 of the National Defense Authorization Act for
Fiscal Year 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/81">
Public Law 112–81
</external-xref>
; 125 Stat.
1648).
</text>
</paragraph>
</subsection>
<subsection id="HD79F8E73146644C6B5D463E23AF0D07D">
<enum>
(b)
</enum>
<header>
Exception for
overall reductions of exports to and imports from Iran
</header>
<paragraph id="HCEB663EA847947AFB3ECFA230341FD0E">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The President is
authorized not to impose sanctions under subsection (a) on a foreign person if
the President determines and submits to the appropriate congressional
committees a report that contains a determination of the President that the
country with primary jurisdiction over the foreign person has, during the time
period described in paragraph (2), significantly reduced the value and volume
of imports and exports of goods (other than petroleum or petroleum products)
and services between such country and Iran.
</text>
</paragraph>
<paragraph id="HBEA34B1B93EC41FD809C6FD4F6324580">
<enum>
(2)
</enum>
<header>
Time period
described
</header>
<text display-inline="yes-display-inline">
The time period
referred to in paragraph (1) is the 60-day period ending on the date on which
the President makes the determination under paragraph (1) as compared to the
immediately preceding 60-day period.
</text>
</paragraph>
</subsection>
<subsection id="HB8305D9F95D34DFA910FC814717E9E64">
<enum>
(c)
</enum>
<header>
Exception for
sales of agricultural commodities, food, medicine and medical
devices
</header>
<text>
The President may not impose sanctions under subsection
(a) on a foreign person with respect to a transaction for the sale of
agricultural commodities, food, medicine or medical devices to Iran.
</text>
</subsection>
<subsection commented="no" id="H470A4FC2DAEC40539ED3AE072E5C3CE6">
<enum>
(d)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
In this section:
</text>
<paragraph commented="no" id="H33D3C9B3CDDE443197CA13D6F850C961">
<enum>
(1)
</enum>
<header>
Foreign
person
</header>
<text display-inline="yes-display-inline">
The term
<term>
foreign
person
</term>
has the meaning given that term in section 14 of the Iran
Sanctions Act of 1996 (
<external-xref legal-doc="public-law" parsable-cite="pl/104/172">
Public Law 104–172
</external-xref>
;
50 U.S.C.
1701 note).
</text>
</paragraph>
<paragraph commented="no" id="HB4E5533888494C599159F8856B3C0479">
<enum>
(2)
</enum>
<header>
Iranian
financial institution
</header>
<text>
The term
<term>
Iranian financial
institution
</term>
has the meaning given that term in section 104A(d) of the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
(22 U.S.C.
8513b(d)).
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H6554586317374BF5B6350B9C5CD639D0">
<enum>
(b)
</enum>
<header>
Clerical
amendment
</header>
<text display-inline="yes-display-inline">
The table of
contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is
amended by inserting after the item relating to section 224 the
following:
</text>
<quoted-block display-inline="no-display-inline" id="H64AC5015645341CFB70FF3D5CE72F45C" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 225. Sanctions with respect to
certain transactions with
Iran.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
</subtitle>
<subtitle id="H474864DBD09643E18DAB77083B992D78">
<enum>
C
</enum>
<header>
Other
matters
</header>
<section id="HC0C36C186FF94B37BFE2EAA1AC99DC6F">
<enum>
221.
</enum>
<header>
Imposition of
sanctions with respect to the Central Bank of Iran and other Iranian financial
institutions
</header>
<subsection commented="no" id="H2C572A32791E46B2A070D6A03436B2CB">
<enum>
(a)
</enum>
<header>
Exception to
applicability of sanctions with respect to petroleum
transactions
</header>
<text>
Section 1245(d)(4)(D)(i)(I) of the National Defense
Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/81">
Public Law 112–81
</external-xref>
; 125 Stat. 1648;
22 U.S.C.
8513a(d)(4)(D)(i)(I)) is amended—
</text>
<paragraph id="H00629F50A0CB4493B06A3DAF5AC59D7F">
<enum>
(1)
</enum>
<text>
by striking
<quote>
reduced reduced
</quote>
and inserting
<quote>
reduced
</quote>
;
</text>
</paragraph>
<paragraph id="HE66C577E8311445BB219E4BE21E7D2D2">
<enum>
(2)
</enum>
<text>
by inserting
<quote>
value and
</quote>
before
<quote>
volume
</quote>
;
</text>
</paragraph>
<paragraph id="H050852FD0251403EB6669E6E7D9D3E58">
<enum>
(3)
</enum>
<text>
by inserting
<quote>
or of Iranian origin
</quote>
after
<quote>
from Iran
</quote>
; and
</text>
</paragraph>
<paragraph id="H06BAFCA641B648A0957728A8D24B1861">
<enum>
(4)
</enum>
<text>
by adding at the
end before the semicolon the following:
<quote>
, and the President certifies in
writing to Congress that the President has based such determination on accurate
information on that country’s total purchases of crude oil from Iran or of
Iranian origin
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H2D78D68EFF024AB7B0C155807422E144">
<enum>
(b)
</enum>
<header>
Financial
transactions described
</header>
<text>
Section 1245(d)(4)(D)(ii)(II) of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law
112–81; 125 Stat. 1648) is amended—
</text>
<paragraph id="HC91C745FC6034833991B9CB3BD993AF4">
<enum>
(1)
</enum>
<text>
by striking
<quote>
(II)
</quote>
and inserting
<quote>
(II)(aa)
</quote>
;
</text>
</paragraph>
<paragraph id="HAF1D9C44D4FE4771BB68B4848D3BF3D9">
<enum>
(2)
</enum>
<text>
in item (aa) (as
designated by paragraph (1) of this subsection), by striking the period at the
end and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="HEBAC5F1C50CD49AEBD4860952CDA37EA">
<enum>
(3)
</enum>
<text>
by adding at the
end the following new item:
</text>
<quoted-block display-inline="no-display-inline" id="H4B8885DC955B4D6D8B223FBFC57996F7" style="OLC">
<item id="H809D66AB18E647D69D93B0030C8B258E" indent="up1">
<enum>
(bb)
</enum>
<text display-inline="yes-display-inline">
the foreign financial institution holding
the account described in item (aa) does not knowingly facilitate any
significant financial transfers for, with, or on behalf of the Government of
Iran, unless the transaction is excepted from sanctions under paragraph (2) or
is a transaction described in subclause (I) and item
(aa).
</text>
</item>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" id="H3B3B3D42762C455E8AF8D2B2E22CD6BC">
<enum>
(c)
</enum>
<header>
Strategy to
reduce crude oil purchases from Iran or of Iranian origin
</header>
<paragraph id="HF3C4750ED5C54AC7BE13FB9F90269E62">
<enum>
(1)
</enum>
<header>
Statement of
policy
</header>
<text display-inline="yes-display-inline">
It is the policy of
the United States to seek to ensure that countries that have received an
exception under subparagraph (D)(i)(I) of section 1245(d)(4) of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law
112–81; 125 Stat. 1648) shall reduce their crude oil purchases
from Iran or of Iranian origin so that the aggregate amount of such purchases
is reduced by not less than an average of 1,000,000 barrels of crude oil per
day by the end of the 1-year period beginning on the date of submission of the
strategy described in subparagraph (E)(ii) of such section (as added by
paragraph (2) of this subsection).
</text>
</paragraph>
<paragraph id="H92468E9D1FF34888A8C8B7AB9B30FE18">
<enum>
(2)
</enum>
<header>
Amendment
</header>
<text>
Section
1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012
(Public Law
112–81; 125 Stat. 1648) is amended by adding at the end the
following new subparagraph:
</text>
<quoted-block display-inline="no-display-inline" id="H859BE2086EFE43EBB8759910711A7507" style="OLC">
<subparagraph id="H2CA7BE657FF24A6D856915949CB1D7EE">
<enum>
(E)
</enum>
<header>
Strategy to
reduce crude oil purchases from Iran or of Iranian origin
</header>
<clause id="H1EA55B261FA142029B826835E4857C17">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Not later than 30
days after the date of the enactment of the Nuclear Iran Prevention Act of
2013, the President shall make a determination, based on the information
contained in the most recent report required under subparagraph (A), of whether
each country that received an exception under subparagraph (D)(i)(I) before
such date of enactment is able to reduce its crude oil purchases from Iran or
of Iranian origin so that the aggregate amount of such purchases is reduced by
not less than an average of 1,000,000 barrels of crude oil per day by the end
of the 1-year period beginning on the date of submission of the strategy
described in clause (ii). If the President makes an initial determination under
this clause that the requirements of this clause cannot be met, then the
President shall continue to make a determination under this clause every 90
days thereafter as to whether or not the requirements of this clause can be
met.
</text>
</clause>
<clause id="HAAF081EEEE4C45C2A4B18F0F387D10A3">
<enum>
(ii)
</enum>
<header>
Strategy
</header>
<text display-inline="yes-display-inline">
If the President determines that the
requirements of clause (i) can be met, then not later than 60 days after the
date of such affirmative determination, the President shall develop and submit
to the appropriate congressional committees a strategy to seek to ensure that
the requirements of clause (i) are met by the end of the 1-year period
beginning on such date of submission.
</text>
</clause>
<clause id="H1F6F3E19A25F4075BC82903D60A71415">
<enum>
(iii)
</enum>
<header>
Future
exceptions
</header>
<subclause id="H75C07FE42B45467DB850CBF2DD09928C">
<enum>
(I)
</enum>
<header>
Affirmative
determination
</header>
<text display-inline="yes-display-inline">
If the
President determines that the strategy described in clause (ii) was achieved,
then each country described in clause (i) shall be eligible to receive one or
more further exceptions under subparagraph (D)(i)(I) in accordance with the
provisions of such subparagraph.
</text>
</subclause>
<subclause id="HAEE5682F921B455E83F81CF3B76286C0">
<enum>
(II)
</enum>
<header>
Negative
determination
</header>
<text display-inline="yes-display-inline">
Except as
provided in subclause (III), if the President determines that the strategy
described in clause (ii) was not achieved, then each country described in
clause (i) shall be ineligible to receive any further exception under
subparagraph (D)(i)(I) in accordance with the provisions of such
subparagraph.
</text>
</subclause>
<subclause id="H6118D16E8CE34E949663708E8A12B2E4">
<enum>
(III)
</enum>
<header>
Exception
</header>
<item id="H371CADD82AE9459497FD0D57EEC73DCC">
<enum>
(aa)
</enum>
<header>
In
general
</header>
<text>
Subclause (II) shall not apply with respect to a country
described in clause (i) if the country—
</text>
<subitem id="H70C65C472DD0413E92764C27ADF191CA">
<enum>
(AA)
</enum>
<text>
dramatically
reduced its crude oil purchases from Iran or of Iranian origin during the
1-year period described in clause (ii); and
</text>
</subitem>
<subitem id="H485F7C73AA4B40B5BD02F8FE98D2B21D">
<enum>
(BB)
</enum>
<text display-inline="yes-display-inline">
has committed itself to continue to reduce
its crude oil purchases from Iran or of Iranian origin to a de minimis
level.
</text>
</subitem>
</item>
<item id="H95EC3FB8C9BA4D19B6CCEA5EF1AE9690">
<enum>
(bb)
</enum>
<header>
Data
</header>
<text>
The
President shall submit to the appropriate congressional committees all data
used to make a determination under item (aa) not later than 15 days before
issuing an exception under item (aa).
</text>
</item>
</subclause>
</clause>
<clause id="HF31924A45AAA433290132BD318ED2E04">
<enum>
(iv)
</enum>
<header>
Appropriate
congressional committees
</header>
<text>
In this subparagraph, the term
<term>
appropriate congressional committees
</term>
means—
</text>
<subclause id="H4629E3546F0A4297AF7C0C05B14A1585">
<enum>
(I)
</enum>
<text>
the Committee on
Foreign Affairs and the Committee on Financial Services of the House of
Representatives; and
</text>
</subclause>
<subclause id="H79BE2C020E284C28A7806EB7E7C97D6F">
<enum>
(II)
</enum>
<text>
the Committee on
Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of
the
Senate.
</text>
</subclause>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H36AE983C647F40E1B605AB70F853B06D">
<enum>
(d)
</enum>
<header>
Definition of
crude oil
</header>
<text>
Section 1245(d)(4)(D) of the National Defense
Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8513a">
22 U.S.C. 8513a(d)(4)(D)
</external-xref>
) is
amended by adding at the end the following new clause:
</text>
<quoted-block display-inline="no-display-inline" id="H21EF3865FC2F438FAD54B4BCC0D98E1A" style="OLC">
<clause id="H93E57BCE7DED48158E3B2DD64A261AF4">
<enum>
(iii)
</enum>
<header>
Crude
oil
</header>
<text display-inline="yes-display-inline">
In this subparagraph, the
term
<quote>
crude oil
</quote>
includes unfinished oils, liquefied petroleum
gases, distillate fuel oil, and residual fuel
oil.
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HF0B99B3587804318916DA7EB1DC80955">
<enum>
(e)
</enum>
<header>
Waiver
</header>
<text>
Section
1245(d)(5)(A) of the National Defense Authorization Act for Fiscal Year 2012
(22 U.S.C.
8513a(d)(5)(A)) is amended by striking
<quote>
in the
national
</quote>
and inserting
<quote>
vital to the national
</quote>
.
</text>
</subsection>
<subsection id="H5D7E927E0965450DA626D0EA1262127F">
<enum>
(f)
</enum>
<header>
Definitions of
<quote>
significant reduction
</quote>
</header>
<text>
Section 1245(h)(3) of the
National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C.
8513a(h)(3)) is amended—
</text>
<paragraph id="H1F5DAE62B291438385C9D5B0C75E1DE1">
<enum>
(1)
</enum>
<text>
by striking
<quote>
price or volume
</quote>
and inserting
<quote>
price and volume
</quote>
;
and
</text>
</paragraph>
<paragraph id="H0DA8BF01A2B4455E9F26852BFFD4272F">
<enum>
(2)
</enum>
<text>
by adding at the
end before the period the following:
<quote>
and at least a pro rata amount
totaling, in the aggregate, not less than an average of 1,000,000 barrels of
crude oil per day by the end of the 1-year period beginning on the date of
submission of the strategy described in subsection
(d)(4)(E)(ii)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H84B8D780005F43AFAAEB195277304940">
<enum>
(g)
</enum>
<header>
Effective
date
</header>
<text display-inline="yes-display-inline">
The amendments made by
this section take effect beginning on the date that is 180 days after the date
of the enactment of this Act.
</text>
</subsection>
</section>
<section id="HADA54B6800EE4F2EAAF18F166277F76D">
<enum>
222.
</enum>
<header>
Imposition of
sanctions with respect to ports, special economic zones, free economic zones,
and strategic sectors of Iran
</header>
<subsection id="H4EFFDFE65BC645ABABAAEA405108B32E">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text display-inline="yes-display-inline">
Subsection (a)(1) of section 1244 of the
National Defense Authorization Act for Fiscal Year 2013 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8803">
22 U.S.C. 8803
</external-xref>
) is
amended by striking
<quote>
and shipbuilding
</quote>
and inserting
<quote>
shipbuilding, automotive, construction, engineering, or mining
</quote>
.
</text>
</subsection>
<subsection id="H3D1DA418D44B475EBD498F650F9B0360">
<enum>
(b)
</enum>
<header>
Designation of
ports, special economic zones, free economic zones, and entities in strategic
sectors as entities of proliferation concern
</header>
<text display-inline="yes-display-inline">
Subsection (b) of such section is
amended—
</text>
<paragraph id="HF233F63571C046619AE74C2DA7640665">
<enum>
(1)
</enum>
<text>
in the subsection
heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
and
entities in the energy, shipping, and shipbuilding
sectors
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
, special economic zones, free economic zones,
and entities in strategic sectors
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="H5ABF3634F12344378A76E96A8B533FCA">
<enum>
(2)
</enum>
<text>
by striking
<quote>
and entities in the energy, shipping, and shipbuilding sectors
</quote>
and inserting
<quote>
, entities that operate special economic zones or free
economic zones, and entities in strategic sectors (as defined in subsection
(c)(4))
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HA9BA8DAB0B0443638D8EAFEA13C64F7C">
<enum>
(c)
</enum>
<header>
Blocking of
property of ports, special economic zones, free economic zones, and entities in
strategic sectors
</header>
<text display-inline="yes-display-inline">
Subsection
(c) of such section is amended—
</text>
<paragraph id="HF891CDA63618409393387771245A9CA2">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in the subsection heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
entities in energy,
shipping, and shipbuilding sectors
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
ports, special economic
zones, free economic zones, and entities in strategic
sectors
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="H7DBE955CFFD54737A624C484A7F2AA8F">
<enum>
(2)
</enum>
<text>
in paragraph
(2)—
</text>
<subparagraph id="H584B67AA1D664D54977D87077FE6D125">
<enum>
(A)
</enum>
<text>
by striking
<quote>
the energy, shipping, or shipbuilding sectors
</quote>
each place it
appears and inserting
<quote>
a strategic sector (as defined in paragraph
(4)(A))
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H824ACDF5B32C48BE8373A9C19B386C7E">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
by inserting
<quote>
, special economic
zone, or free economic zone
</quote>
after
<quote>
port
</quote>
each place it
appears; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H3113BF9BAAAC48F2AAA82D0626CE132E">
<enum>
(3)
</enum>
<text>
by adding at the
end the following new paragraphs:
</text>
<quoted-block display-inline="no-display-inline" id="H4E0831FA2D1B4140B9E76A77D348CEDD" style="OLC">
<paragraph id="HBA5408358EC84529A1B9DAEA1E3411B4">
<enum>
(4)
</enum>
<header>
Strategic sector
defined
</header>
<text>
In this section, the term
<quote>
strategic sector
</quote>
means—
</text>
<subparagraph id="H994D2283B32542F2B18BE627A42803F4">
<enum>
(A)
</enum>
<text>
the energy,
shipping, shipbuilding, automotive, or mining sector of Iran; and
</text>
</subparagraph>
<subparagraph id="H823142C72C494741BF1DD337AD90B6C2">
<enum>
(B)
</enum>
<text>
the construction
or engineering sector of Iran if the President determines and reports to
Congress not later than 45 days after the date of the enactment of the Nuclear
Iran Prevention Act of 2013 that the construction or engineering sector of
Iran, as the case may be, is of strategic importance to Iran.
</text>
</subparagraph>
</paragraph>
<paragraph id="H8B8E411726B244FABF06FBB7E2A98132">
<enum>
(5)
</enum>
<header>
Notification and
report relating to strategic sectors
</header>
<subparagraph id="HAC589ED612514462999EE76894980171">
<enum>
(A)
</enum>
<header>
Notification
</header>
<text display-inline="yes-display-inline">
The President shall submit to Congress a
notification of the designation of a sector as a strategic sector of Iran for
purposes of paragraph (4)(C) not later than 30 days after the date on which the
President makes such designation.
</text>
</subparagraph>
<subparagraph id="H1D03026F04D245138A6CBCAA39785101">
<enum>
(B)
</enum>
<header>
Report
</header>
<text display-inline="yes-display-inline">
Not later than 90 days after the date on
which the President submits to Congress a notification of the designation of a
sector as a strategic sector of Iran under subparagraph (A), the Comptroller
General of the United States shall submit to Congress a report that
contains—
</text>
<clause id="H261B33B47649404385A355D0FB621134">
<enum>
(i)
</enum>
<text>
a
review and comment on such designation; and
</text>
</clause>
<clause id="H8C7220DFAECD4CF2AB8CF5DBCB6FF925">
<enum>
(ii)
</enum>
<text>
recommendations
regarding the designation of additional sectors as strategic sectors of Iran
for purposes of paragraph
(4).
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H1E392F8208FE4589BC0B14FFEB399841">
<enum>
(d)
</enum>
<header>
Additional
sanctions with respect to strategic sectors
</header>
<text>
Subsection (d) of
such section is amended—
</text>
<paragraph id="H401D11734A1D448CA01D6A0BAB6E4553">
<enum>
(1)
</enum>
<text>
in the subsection
heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
the
energy, shipping, and shipbuilding sectors
</header-in-text>
</quote>
and
inserting
<quote>
<header-in-text level="subsection" style="OLC">
strategic
sectors
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="HC00BBDE8253C4CF4949000F8821F4E1F">
<enum>
(2)
</enum>
<text>
in paragraph (3),
by striking
<quote>
the energy, shipping, or shipbuilding sectors
</quote>
and
inserting
<quote>
a strategic sector (as defined in subsection
(c)(4)(A))
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HEEB25DD1487B4C1A8E55AAE240624BC2">
<enum>
(e)
</enum>
<header>
Exception for
Afghanistan reconstruction
</header>
<text>
Subsection (f) of such section is
amended—
</text>
<paragraph id="H481085FCD9734DD5AE81B85C44A3296A">
<enum>
(1)
</enum>
<text>
in the matter
preceding paragraph (1), by inserting
<quote>
for a period of not more than 1
year, and may renew that exception for additional periods of not more than 1
year
</quote>
after
<quote>
economic development for Afghanistan
</quote>
;
</text>
</paragraph>
<paragraph id="H79622E7EF07743CDB77DAF00EDE9D26C">
<enum>
(2)
</enum>
<text>
in paragraph
(1)—
</text>
<subparagraph id="H993207AAA09A416CA33D60E5EE0887BA">
<enum>
(A)
</enum>
<text>
by striking
<quote>
to the extent that
</quote>
and inserting
<quote>
if
</quote>
;
</text>
</subparagraph>
<subparagraph id="HFD108FE1FBE94D6B8396DDF5EC980C83">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
or the renewal of the exception, as the case may be,
</quote>
after
<quote>
such an exception
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HA0C5AF4FD51F4197A46E08895D17345B">
<enum>
(C)
</enum>
<text>
by striking
<quote>
in the national interest
</quote>
and inserting
<quote>
in the national
security interest
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H7843BB22A56E48B08CB0BBF9E5CC46EC">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in paragraph (2)—
</text>
<subparagraph id="H4BC91532DDFC40B4A00453D9EAD35134">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
or the renewal of the exception, as the case may be,
</quote>
before
<quote>
not later than 15 days
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H6310886A17CB4864899A17E04374F635">
<enum>
(B)
</enum>
<text>
by inserting at
the end before the period the following:
<quote>
or the renewal of the
exception
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H2A58D837CB204DE083DF9EDE37BDBA87">
<enum>
(f)
</enum>
<header>
Conforming
amendment
</header>
<text display-inline="yes-display-inline">
Such section is
further amended in the section heading by striking
<quote>
<header-in-text level="section" style="OLC">
the energy, shipping, and shipbuilding
sectors
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
ports, special economic zones, free economic zones,
and strategic sectors
</header-in-text>
</quote>
.
</text>
</subsection>
<subsection id="H4EE8265757CE4E3099622CF816BAB242">
<enum>
(g)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by this section—
</text>
<paragraph id="H94BBF3A5232E412E95E27E4FAD171488">
<enum>
(1)
</enum>
<text>
take effect on the
date that is 90 days after the date of the enactment of this Act; and
</text>
</paragraph>
<paragraph id="H35A0C0DE571944FE8DFB8159E80675B8">
<enum>
(2)
</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H036314F33B96498C92D450083101159A">
<enum>
(A)
</enum>
<text>
with respect to
subsection (c) of section 1244 of the National Defense Authorization Act for
Fiscal Year 2013, as so amended, apply with respect to all transactions in all
property and interests in property of any person described in subsection (c)(2)
of such section that occur on or after the date that is 180 days after such
date of enactment; and
</text>
</subparagraph>
<subparagraph id="H60CCC327D2E74E0AB3313BCD3C247025" indent="up1">
<enum>
(B)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H81174D35C2F74219986777CB780A1138">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
with respect to subsection (d)(1) of
section 1244 of the National Defense Authorization Act for Fiscal Year 2013,
apply with respect to the sale, supply, or transfer to or from Iran of goods or
services described in subsection (d)(3) of such section, as so amended, that
occurs on or after the date that is 180 days after such date of enactment;
and
</text>
</clause>
<clause id="HC5E34ECD2AB249DCAFC2F4A00D5C5471" indent="up1">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
with respect to subsection (d)(2) of
section 1244 of the National Defense Authorization Act for Fiscal Year 2013,
apply with respect to the conduct or facilitation of a significant financial
transaction for the sale, supply, or transfer to or from Iran of goods or
services described in subsection (d)(3) of such section, as so amended, that
occurs on or after the date that is 180 days after such date of
enactment.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H18047893FDA74F7D8437302B46511870">
<enum>
223.
</enum>
<header>
Report on
determinations not to impose sanctions on persons who allegedly sell, supply,
or transfer precious metals to or from Iran
</header>
<text display-inline="no-display-inline">
Section 1245 of the National Defense
Authorization Act for Fiscal Year 2013 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8804">
22 U.S.C. 8804
</external-xref>
) is amended—
</text>
<paragraph id="H3894BFB978624CC2AF1248055D6B2107">
<enum>
(1)
</enum>
<text>
by redesignating
subsection (h) as subsection (i); and
</text>
</paragraph>
<paragraph id="H5AC67E5D53BB4A93BCED470CE527D31E">
<enum>
(2)
</enum>
<text>
by inserting after
subsection (g) the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H54CFAD2E8DCF49F3A7A5014C1A04A748" style="OLC">
<subsection id="H173C0DACEC6A4D8C97421F511F73E319">
<enum>
(h)
</enum>
<header>
Report on
determinations not to impose sanctions on persons who allegedly sell, supply,
or transfer precious metals to or from Iran
</header>
<paragraph id="H3FCB18BC669548DA8C64A4C68BB76E36">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Not later than 90 days after the date of the enactment of
Nuclear Iran Prevention Act of 2013, and every 90 days thereafter, the
President shall submit to the appropriate congressional committees a report on
each determination of the President during the preceding 90-day period not to
impose sanctions under subsection (a) or (c) with respect to a person who
allegedly sells, supplies, or transfers precious metals, directly or
indirectly, to or from Iran, together with the reasons for such
determination.
</text>
</paragraph>
<paragraph id="HEFBCCE177FF744BCBF53837A209F4132">
<enum>
(2)
</enum>
<header>
Form
</header>
<text>
The
report required by paragraph (1) shall be submitted in unclassified form, but
may contain a classified annex, if
necessary.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H99F2684FB35D4A40B24DFD42A3C3CF68">
<enum>
224.
</enum>
<header>
Imposition of
sanctions with respect to foreign financial institutions that facilitate
financial transactions on behalf of persons owned or controlled by specially
designated nationals
</header>
<text display-inline="no-display-inline">
Section
1247 of the National Defense Authorization Act for Fiscal Year 2013
(22 U.S.C.
8806) is amended—
</text>
<paragraph id="HF1EA67827EB04730A389B9618A8923D7">
<enum>
(1)
</enum>
<text>
by redesignating
subsection (f) as subsection (g); and
</text>
</paragraph>
<paragraph id="HE7E65C7DCD2D48599DF4C029B19A7E71">
<enum>
(2)
</enum>
<text>
by inserting after
subsection (e) the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H4AD1157F3A814043BFDD59104C54C54B" style="OLC">
<subsection id="H8C0B258ABA9C43598BD0B0C1734D4865">
<enum>
(f)
</enum>
<header>
Persons owned or
controlled by specially designated nationals
</header>
<paragraph id="H7DAB6F97743A42DB98CB51149B4568DB">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
The President shall
impose sanctions described in subsection (a) with respect to a foreign
financial institution, including but not limited to a foreign central bank,
that the President determines has, on or after the date that is 90 days after
the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly
facilitated a significant financial transaction on behalf of any person
determined by the President to be directly owned or controlled by an Iranian
person included on the list of specially designated nationals and blocked
persons maintained by the Office of Foreign Assets Control of the Department of
the Treasury (other than an Iranian financial institution described in
subsection (b)).
</text>
</paragraph>
<paragraph id="H3D98E66448CA407D9849E6006F8ADA5A">
<enum>
(2)
</enum>
<header>
Sense of
Congress
</header>
<text display-inline="yes-display-inline">
It is the sense of
Congress that the President routinely should determine on or after the date of
the enactment of the Nuclear Iran Prevention Act of 2013 those persons that are
directly or indirectly owned or controlled by an Iranian person included on the
list of specially designated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the Treasury (other than
an Iranian financial institution described in subsection (b)).
</text>
</paragraph>
<paragraph id="H884C79852F06485090FB8DBC49651115">
<enum>
(3)
</enum>
<header>
Consideration of
data from other countries and nongovernmental organizations
</header>
<text>
The
President shall consider credible data already obtained by other countries and
nongovernmental organizations in making determinations described in paragraph
(1).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H5BE496F385BD44058443D51B108C8DE5">
<enum>
225.
</enum>
<header>
Repeal of
exemptions under sanctions provisions of National Defense Authorization Act for
Fiscal Year 2013
</header>
<text display-inline="no-display-inline">
Subtitle D of
title XII of the National Defense Authorization Act for Fiscal Year 2013
(22 U.S.C. 8801 et
seq.) is amended—
</text>
<paragraph id="H113733E7BDF84D4894A8CBE028A5AE28">
<enum>
(1)
</enum>
<text>
in section
1244—
</text>
<subparagraph id="H3D9E8AAC37C94DEB9E603B39030D25CE">
<enum>
(A)
</enum>
<text>
in subsection
(c)(1)—
</text>
<clause id="H862E0DBE07DE4D9E9353953809E1B36F">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
(1)
<header-in-text level="paragraph" style="OLC">
Blocking of
property
</header-in-text>
.—
</quote>
and all that follows through
<quote>
On and
after
</quote>
and inserting
<quote>
(1)
<header-in-text level="paragraph" style="OLC">
Blocking of
property
</header-in-text>
.—On and after
</quote>
; and
</text>
</clause>
<clause id="H8CE9C3AC7BAC49CA815B86A940FB4A8C">
<enum>
(ii)
</enum>
<text>
by
striking subparagraph (B); and
</text>
</clause>
</subparagraph>
<subparagraph id="HDC2BEE92BC22463084251A67140F93E6">
<enum>
(B)
</enum>
<text>
in subsection
(d)(1)—
</text>
<clause id="HE75E3146D2554F9C9DF59079FA453FD0">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
(1)
<header-in-text level="paragraph" style="OLC">
Sale, supply, or transfer of
certain goods and services
</header-in-text>
.—
</quote>
and all that follows
through
<quote>
Except as provided
</quote>
and inserting
<quote>
(1)
<header-in-text level="paragraph" style="OLC">
Sale, supply, or transfer of
certain goods and services
</header-in-text>
.—Except as provided
</quote>
;
and
</text>
</clause>
<clause id="H2AE56FDF08A544AA80A840754F574494">
<enum>
(ii)
</enum>
<text>
by
striking subparagraph (B);
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H6275EE92890742FFA7C1F38D612AB925">
<enum>
(2)
</enum>
<text>
in section
1245(a)—
</text>
<subparagraph id="H8437815618114A95886753A347C0F748">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
(a)
<header-in-text level="subsection" style="OLC">
sale, supply, or transfer of
certain materials
</header-in-text>
.—
</quote>
and all that follows through
<quote>
The President
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
sale, supply, or transfer of
certain materials
</header-in-text>
.—The President
</quote>
;
</text>
</subparagraph>
<subparagraph id="H4AAF830A5CCA4D5BB680A334882BCE32">
<enum>
(B)
</enum>
<text>
by redesignating
subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively
(and by redesignating all sub-units therein accordingly);
</text>
</subparagraph>
<subparagraph id="H8B1960BD604A48BB92A58E84D3E6A73D">
<enum>
(C)
</enum>
<text>
in paragraph
(3)(B) (as redesignated by subparagraph (B) of this paragraph)—
</text>
<clause id="H468CF9C2968A41FA82AF146A49E3DBA8">
<enum>
(i)
</enum>
<text>
in
clause (i), by striking
<quote>
subclause (I) of clause (i)
</quote>
and
inserting
<quote>
clause (i) of subparagraph (A)
</quote>
;
</text>
</clause>
<clause id="HDB72F9C5C3A54FB69AD946BED2C6D00E">
<enum>
(ii)
</enum>
<text>
in
clause (ii), by striking
<quote>
subclause (II) of that clause
</quote>
and
inserting
<quote>
clause (ii) of that subparagraph
</quote>
; and
</text>
</clause>
<clause id="H3E2165924E834AE28F9EF774CCBDC44B">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
in clause (iii), by striking
<quote>
subclause (III) of that clause
</quote>
and inserting
<quote>
clause (iii)
of that subparagraph
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H33BA0B51048744DF80486E3CB97C5045">
<enum>
(D)
</enum>
<text>
by striking
<quote>
(2)
<header-in-text level="paragraph" style="OLC">
exception
</header-in-text>
.—
</quote>
and all that follows through
<quote>
paragraph (1).
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H378A839C12254D489D28940CD907A892">
<enum>
(3)
</enum>
<text>
in section
1246(a)—
</text>
<subparagraph id="H60509386821F49D68535400805CD5647">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
(a)
<header-in-text level="subsection" style="OLC">
imposition of
sanctions
</header-in-text>
.—
</quote>
and all that follows through
<quote>
Except
as provided
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
imposition of
sanctions
</header-in-text>
.—Except as provided
</quote>
;
</text>
</subparagraph>
<subparagraph id="H24F2F34709E84A8A99D14A9806E1E58C">
<enum>
(B)
</enum>
<text>
by redesignating
subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively
(and by redesignating all sub-units therein accordingly); and
</text>
</subparagraph>
<subparagraph id="HDF4B1EE892B3477081ED1FD7BFE77170">
<enum>
(C)
</enum>
<text>
by striking
<quote>
(2)
<header-in-text level="paragraph" style="OLC">
exception
</header-in-text>
.—
</quote>
and all that follows through
<quote>
paragraph (1).
</quote>
; and
</text>
</subparagraph>
</paragraph>
</section>
<section id="HEDCD66FF057A47AFAA498BF59D7A9A80">
<enum>
226.
</enum>
<header>
Termination of
government contracts with persons who sell goods, services, or technology to,
or conduct any other transaction with, Iran
</header>
<subsection id="H4FF989E4CBBA40D999575F9B010C5718">
<enum>
(a)
</enum>
<header>
Modification of
federal acquisition regulation
</header>
<text display-inline="yes-display-inline">
Not later than 90 days after the date of
the enactment of this Act, the Federal Acquisition Regulation shall be revised
to require a certification from each person that is a prospective contractor
that the person, and any person under common ownership or control with the
person, does not sell goods, services, or technology to, or conduct any other
transaction with, Iran for which sanctions may be imposed under this
Act.
</text>
</subsection>
<subsection id="H945F48DD7D3C417498B4409F36F70262">
<enum>
(b)
</enum>
<header>
Remedies
</header>
<paragraph id="HCC8614E2BD90461F97B2CB44E9D4DCFD">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
If the head of an executive agency determines that a
person has submitted a false certification under subsection (a) on or after the
date on which the applicable revision of the Federal Acquisition Regulation
required by this section becomes effective, the head of that executive agency
shall terminate a contract with such person or debar or suspend such person
from eligibility for Federal contracts for a period of not less than 2 years.
Any such debarment or suspension shall be subject to the procedures that apply
to debarment and suspension under the Federal Acquisition Regulation under
subpart 9.4 of part 9 of title 48, Code of Federal Regulations.
</text>
</paragraph>
<paragraph id="HA20029E7819445A9A4CB1BC498891B1D">
<enum>
(2)
</enum>
<header>
Inclusion on
list of parties excluded from federal procurement and nonprocurement
programs
</header>
<text>
The Administrator of General Services shall include on
the List of Parties Excluded from Federal Procurement and Nonprocurement
Programs maintained by the Administrator under part 9 of the Federal
Acquisition Regulation each person that is debarred, suspended, or proposed for
debarment or suspension by the head of an executive agency on the basis of a
determination of a false certification under paragraph (1).
</text>
</paragraph>
</subsection>
<subsection id="H825D17AB69F54F1DA4C660159CE35591">
<enum>
(c)
</enum>
<header>
Rule of
construction
</header>
<text>
This section shall not be construed to limit the use
of other remedies available to the head of an executive agency or any other
official of the Federal Government on the basis of a determination of a false
certification under subsection (a).
</text>
</subsection>
<subsection id="H7B251B352A1A441685522B3CBEB8AFBB">
<enum>
(d)
</enum>
<header>
Waivers
</header>
<paragraph id="HA6099C47854D4B85A780FD2F49354552">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The President may on a case-by-case basis waive the
requirement that a person make a certification under subsection (a) if the
President determines and certifies in writing to the congressional committees
described in paragraph (2) that it is essential to the national security
interests of the United States to do so.
</text>
</paragraph>
<paragraph id="H3985D4E4673844D2BED45C9CDB4300E6">
<enum>
(2)
</enum>
<header>
Congressional
committees described
</header>
<text display-inline="yes-display-inline">
The
congressional committees referred to in paragraph (1) are—
</text>
<subparagraph id="H9CD88D49E073425C8DD2F6036EEBC550">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the Committee on Foreign Affairs, the
Committee on Armed Services, and the Committee on Oversight and Government
Reform of the House of Representatives; and
</text>
</subparagraph>
<subparagraph id="HD69B09F93DE3401E856D53301F4E219B">
<enum>
(B)
</enum>
<text>
the Committee on
Foreign Relations, the Committee on Armed Services, and the Committee on
Homeland Security and Governmental Affairs of the Senate.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection commented="no" id="H2315D28D5F694D65A5DD38979CEC167C">
<enum>
(e)
</enum>
<header>
Definitions
</header>
<text>
In
this section:
</text>
<paragraph commented="no" display-inline="no-display-inline" id="HE2A91F7AAF094A05BFECA2AD9FFD2D64">
<enum>
(1)
</enum>
<header>
Executive
agency
</header>
<text display-inline="yes-display-inline">
The term
<term>
executive agency
</term>
has the meaning given that term in
section
133 of title 41, United States Code.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HC43A0D05D7A24C27BC6CF9EACF45C1CD">
<enum>
(2)
</enum>
<header>
Federal
Acquisition Regulation
</header>
<text display-inline="yes-display-inline">
The
term
<term>
Federal Acquisition Regulation
</term>
means the regulation issued
pursuant to section
1303(a)(1) of title 41, United States Code.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="HBDEF5578E3C34D61BE2EEFAFC9234C91">
<enum>
(f)
</enum>
<header>
Applicability
</header>
<text>
The
revisions to the Federal Acquisition Regulation required under subsection (a)
shall apply with respect to contracts for which solicitations are issued on or
after the date that is 90 days after the date of the enactment of this
Act.
</text>
</subsection>
</section>
<section id="H2707740952AA4E7599CD879FBDC48335">
<enum>
227.
</enum>
<header>
Conditions for
entry and operation of vessels
</header>
<subsection id="H7BE9137D89D042EEAD8BFE99A6F6D76A">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Ports and Waters Safety Act (
<external-xref legal-doc="usc" parsable-cite="usc/33/1221">
33 U.S.C. 1221 et seq.
</external-xref>
) is amended
by adding at the end the following:
</text>
<quoted-block id="HA685C62749C246279A0526D92C611075" style="OLC">
<section id="HEE2F1D311E7F480D8CD9C1CEAF326FB9">
<enum>
16.
</enum>
<header>
Prohibition on
entry and operation
</header>
<subsection id="HAA2FB7C821164931ACA00208A1692FB0">
<enum>
(a)
</enum>
<header>
Prohibition
</header>
<paragraph id="HAA92175F7E11400D86B167DE8AC491BA">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
No foreign vessel
described in subsection (b) shall enter or operate in the navigable waters of
the United States or transfer cargo in any port or place under the jurisdiction
of the United States.
</text>
</paragraph>
<paragraph id="H8E5C96D3EC9B4BCD802C325AA2546CBF">
<enum>
(2)
</enum>
<header>
Limitation on
Application
</header>
<text display-inline="yes-display-inline">
Paragraph (1)
shall not apply with respect to a vessel described in subsection (b)(2) on and
after any date on which the Secretary of State determines that the vessel is no
longer registered as described in that subsection. The Secretary of State shall
publish a notice of each such determination in the Federal Register.
</text>
</paragraph>
</subsection>
<subsection id="HDC074795EF1E4D4AAEE9CFBB6C5CD87B">
<enum>
(b)
</enum>
<header>
Vessels
described
</header>
<text>
A vessel referred to in subsection (a) is a foreign
vessel for which a Notice of Arrival is required to be filed under
section
160 of title 33, Code of Federal Regulations, as in effect on
the date of enactment of the Nuclear Iran Prevention Act of 2013, and
that—
</text>
<paragraph id="HD3A23A785A59471F9CCBCCC98F16EF1A">
<enum>
(1)
</enum>
<text>
is on a list of
vessels published in Federal Register under subsection (c)(2); or
</text>
</paragraph>
<paragraph id="H8B8D380D07E24869BFA644FDD1F2B405">
<enum>
(2)
</enum>
<text>
more than 180 days
after the publication of such a list, is registered, pursuant to the Geneva
Convention on the High Seas (13 U.S.T. 2312; TIAS 5200; 450 UNTS 82), by a
government the agents or instrumentalities of which are maintaining a
registration of a vessel that is included in such list.
</text>
</paragraph>
</subsection>
<subsection id="H1DFF55DC673B450E89BDD5C6BA174B84">
<enum>
(c)
</enum>
<header>
Information and
publication
</header>
<text>
The Secretary of Transportation, in consultation with
the Secretary of State, shall—
</text>
<paragraph id="HEFA67A6A589144BE9785E2B1BEBAAAAF">
<enum>
(1)
</enum>
<text>
maintain timely
information on registrations of all foreign vessels over 300 gross tons that
are—
</text>
<subparagraph id="H5C954155D570418F9ACA1AD4A9970DC3">
<enum>
(A)
</enum>
<text>
owned or operated
by or on behalf of—
</text>
<clause id="H3D34C9A41E4249C3B4DB5C61CBF8F808">
<enum>
(i)
</enum>
<text>
the National Iran
Tanker Company or the Islamic Republic of Iran Shipping Line; or
</text>
</clause>
<clause id="HD6B2CDF1BD8A44E28CA802B36F6F12E9">
<enum>
(ii)
</enum>
<text>
any successor to
an entity referred to in clause (i); or
</text>
</clause>
</subparagraph>
<subparagraph id="H22E096B2142F417893558F497405ECE3">
<enum>
(B)
</enum>
<text>
otherwise owned or
operated by or on behalf of Iran; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H5959C306357D420C95B984370C25D94A">
<enum>
(2)
</enum>
<text>
publish in the
Federal Register a list of vessels described in paragraph (1), including
periodic updates of such list.
</text>
</paragraph>
</subsection>
<subsection id="H07BB19CD4A304D4EBD884444D235A792">
<enum>
(d)
</enum>
<header>
Notification of
governments
</header>
<text>
The Secretary of State shall notify each government
the agents or instrumentalities of which are maintaining a registration of a
foreign vessel that is included on the list published under subsection (c)(2),
that all vessels registered under such government’s authority are subject to
the prohibition under subsection (a) if more than 180 days after such
publication the government continues to maintain a registration for a vessel
that is included on the list published under subsection (c)(2).
</text>
</subsection>
<subsection id="HE0CB582F903946D59739F8A4C650C093">
<enum>
(e)
</enum>
<header>
Notification of
vessels
</header>
<text>
Upon receiving a Notice of Arrival under
section
160 of title 33, Code of Federal Regulations (as in effect on
the date of enactment of the Nuclear Iran Prevention Act of 2013) from a vessel
described in (b), the Secretary shall notify the master of such vessel that the
vessel may not enter or operate in the navigable waters of the United States or
transfer cargo in any port or place under the jurisdiction of the United
States, unless—
</text>
<paragraph id="H96766413BBD7404FAB493B2CCA058AC1">
<enum>
(1)
</enum>
<text>
the Secretary has
made a determination described in subsection (a)(2); or
</text>
</paragraph>
<paragraph id="H50A2FBEE4B4D4E74929F4E841199E30E">
<enum>
(2)
</enum>
<text>
the Secretary
allows provisional entry of the vessel, or transfer of cargo from the vessel,
under subsection (f).
</text>
</paragraph>
</subsection>
<subsection id="H0E6D392B67F545E596B6C57FE4DC3225">
<enum>
(f)
</enum>
<header>
Provisional
entry or cargo transfer
</header>
<text>
Notwithstanding subsection (e), the
Secretary may allow provisional entry of, or transfer of cargo from, a foreign
vessel described in subsection (b), if such entry or transfer is necessary for
the safety of the vessel or persons aboard.
</text>
</subsection>
<subsection id="HB0269F72D05E403F9B1F0FA13FEBBAEF">
<enum>
(g)
</enum>
<header>
Right of
innocent passage
</header>
<text>
This section shall not be construed as authority
to restrict the right of innocent passage as recognized under international
law.
</text>
</subsection>
<subsection id="H732E2E1139AA4EB0981ACDBF5F6E3F2A">
<enum>
(h)
</enum>
<header>
Foreign vessel
defined
</header>
<text>
In this section the term
<quote>
foreign vessel
</quote>
has the meaning given that term in
section
110 of title 46, United States
Code.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HD98B41D44C8E4F58904841CB4E0C260A">
<enum>
(b)
</enum>
<header>
Deadline for
publication
</header>
<text>
The Secretary shall publish a list under section
16(c)(2) of the Ports and Waterways Safety Act, as amended by this section, by
not later than 180 days after the date of the enactment of this Act.
</text>
</subsection>
<subsection id="H1860B6DE3DCC49D79660AC9EE8FDC546">
<enum>
(c)
</enum>
<header>
Conforming
Amendments
</header>
<paragraph id="H45FB278F190344279405B911E50FA16A">
<enum>
(1)
</enum>
<text>
Section 13(e) of
the Ports and Waterways Safety Act (
<external-xref legal-doc="usc" parsable-cite="usc/33/1232">
33 U.S.C. 1232(e)
</external-xref>
) is amended by
striking
<quote>
section 9
</quote>
and inserting
<quote>
sections 9 and
16
</quote>
.
</text>
</paragraph>
<paragraph id="H8C190F995A70433882D4D0AA79156C58">
<enum>
(2)
</enum>
<text>
Section 4(b)(2) of
the Ports and Waterways Safety Act (
<external-xref legal-doc="usc" parsable-cite="usc/33/1223">
33 U.S.C. 1223(b)(2)
</external-xref>
) is amended by
striking
<quote>
section 9
</quote>
and inserting
<quote>
section 9 or
16
</quote>
.
</text>
</paragraph>
</subsection>
</section>
</subtitle>
</title>
<title id="H04DC6B9B49A74F68893D027AF0E509A4">
<enum>
III
</enum>
<header>
Additional
authorities to prevent censorship activities in Iran
</header>
<section id="HB5A5E0E0F54543B289D6AF339C20DB7B">
<enum>
301.
</enum>
<header>
Report on
implementation of sanctions against the Islamic Republic of Iran
Broadcasting
</header>
<subsection id="H4527B37DFFAD4AEDADBB0673BA214DAF">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Not later than 90
days after the date of the enactment of this Act, the Secretary of State shall
submit to Congress a report on the following:
</text>
<paragraph id="HC49E9216DCE44849B798451A26DECF74">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
The current status of availability of the
Islamic Republic of Iran Broadcasting (IRIB) on international satellites,
entities that facilitate its operation by providing services or equipment, and
the technical means that it engages in jamming.
</text>
</paragraph>
<paragraph id="H0E20D1A675A3458F9B9EEC96525E7414">
<enum>
(2)
</enum>
<text>
The instances,
since January 1, 2012, in which the IRIB engaged in activities that violated
Article 19 of the International Covenant on Civil and Political Rights,
including broadcasting forced confessions and hate speech against
minorities.
</text>
</paragraph>
<paragraph id="H473E9487C93A47C8AA21479134311670">
<enum>
(3)
</enum>
<text>
The instances,
since January 1, 2012, in which international broadcasting programs originating
from the United States and Europe have been subject to disruption in Iran, with
relevant details such as which programs were disrupted, available location
information on the origin of the disruption, and the extent of the
disruption.
</text>
</paragraph>
</subsection>
<subsection id="H90C785CBBE7F4B4BBE62C185AC04D1A9">
<enum>
(b)
</enum>
<header>
Coordination
</header>
<text display-inline="yes-display-inline">
In developing the report required by
subsection (a), the Secretary of State shall coordinate with the Broadcasting
Board of Governors, the Secretary of the Treasury, and the heads of other
relevant Federal departments and agencies.
</text>
</subsection>
<subsection id="H0F802392896C4327AFDA00F6C1BC6504">
<enum>
(c)
</enum>
<header>
Public
availability
</header>
<text display-inline="yes-display-inline">
All unclassified
portions of the report required by subsection (a) shall be made publicly
available on the Internet web site of the Department of State.
</text>
</subsection>
</section>
<section id="HC89D4A32955C4C86B9A066896A529E1A">
<enum>
302.
</enum>
<header>
List of persons
who are high-risk re-exporters of sensitive technologies
</header>
<subsection id="H5E6D4B2682824A44A233DC8E54A901E6">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Not later than 90
days after the date of the enactment of this Act, and every 90 days thereafter,
the Secretary of Commerce, in conjunction with the Secretary of State and the
Secretary of the Treasury, shall make publicly available and update as
appropriate a list of persons who are high-risk re-exporters of sensitive
technologies in order to seek to ensure that the Government of Iran or an
entity owned or controlled by that Government is unable to obtain sensitive
technologies through the re-export of such sensitive technologies by
third-party intermediaries.
</text>
</subsection>
<subsection id="H8E9E33CD678B442F8A2A6274B3CC850F">
<enum>
(b)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
In this section, the term
<quote>
sensitive
technology
</quote>
has the meaning given that term in section 106 of the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
(22 U.S.C.
8515).
</text>
</subsection>
</section>
<section id="H19F95E896AD147178A6878F92BA4D487">
<enum>
303.
</enum>
<header>
Sense of
Congress on provision of intercept technologies to Iran
</header>
<text display-inline="no-display-inline">
It is the sense of Congress that—
</text>
<paragraph id="H1D55A36F94D643149ACD5BF276764E2C">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
those that provide intercept technologies
that limit freedom of speech or expression to the Government of Iran should be
held accountable for the repression of the Iranian people; and
</text>
</paragraph>
<paragraph id="H4521BF14D0994E0EB09969394E5F26D2">
<enum>
(2)
</enum>
<text>
no person should
use an existing contract with the Government of Iran as a justification to
continue to supply intercept technologies to the Government of Iran for
purposes of restricting the free flow of information.
</text>
</paragraph>
</section>
<section id="H9659B77426F14F7EA9248B85B4B8F244">
<enum>
304.
</enum>
<header>
Sense of
Congress on availability of consumer communication technologies in
Iran
</header>
<text display-inline="no-display-inline">
It is the sense of
Congress that—
</text>
<paragraph id="H33E45CBC40E7415FAEB2A9BAB3A29CE7">
<enum>
(1)
</enum>
<text>
the Department of
State should encourage the free flow of information in Iran to counter the
Government of Iran’s repression of its own people; and
</text>
</paragraph>
<paragraph id="H926FF371679D415D8646C14A01799C01">
<enum>
(2)
</enum>
<text>
in order to
facilitate the free flow of information in Iran, the Department of State should
promote the availability of certain consumer communication technologies to
Iranian civil society and the Iranian people.
</text>
</paragraph>
</section>
<section id="H89565D03AA9C44FA9FD619EA05A640F9">
<enum>
305.
</enum>
<header>
Expedited
consideration of requests for authorization of transfer of goods and services
to Iran to facilitate the ability of Iranian persons to freely
communicate
</header>
<subsection id="HD0ED1399471F4FEC95290C664265AB51">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Section 413 of the
Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8753">
22 U.S.C. 8753
</external-xref>
) is
amended—
</text>
<paragraph id="HDF7A13341BDC41FEA30A5368E7793B46">
<enum>
(1)
</enum>
<text>
by redesignating
subsection (e) as subsection (f); and
</text>
</paragraph>
<paragraph id="H72477B8352DE4FCABA395E59083DBC7B">
<enum>
(2)
</enum>
<text>
by inserting after
subsection (d) the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="HB985AEDABA4A4FD5BC7FD4E430101082" style="OLC">
<subsection id="H050EAC6675FA48769449581683A4D109">
<enum>
(e)
</enum>
<header>
Rule of
construction
</header>
<text display-inline="yes-display-inline">
The expedited
process for the consideration of complete requests for authorization to engage
in the activities described in subsection (a) shall be construed to also apply
to the transfer of goods and services to Iran to facilitate the ability of
Iranian persons to freely communicate, obtain information, and access the
Internet and other communications systems.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HAED8803628B74C0B88DA85E1809F3744">
<enum>
(b)
</enum>
<header>
Effective
date
</header>
<text display-inline="yes-display-inline">
The amendments made by
subsection (a) take effect on the date of the enactment of this Act and apply
with respect to requests described in section 413 of the Iran Threat Reduction
and Syria Human Rights Act of 2012, as so amended, that are submitted to the
Office of Foreign Assets Control on or after such date of enactment.
</text>
</subsection>
</section>
</title>
<title id="H0748DCDBCD374152815700F61D4CF93C">
<enum>
IV
</enum>
<header>
Reports and other
matters
</header>
<section id="H2538756671364C9AA1979EB690852922">
<enum>
401.
</enum>
<header>
National
Strategy on Iran
</header>
<subsection id="H5DF239049E55455188BDC786AB34E425">
<enum>
(a)
</enum>
<header>
National
strategy required
</header>
<text>
The President shall develop a strategy, to be
known as the
<quote>
National Strategy on Iran
</quote>
, that provides strategic
guidance for activities that support the objective of addressing the threats
posed by Iran.
</text>
</subsection>
<subsection id="H73AEF7038B0942B6A785FB47ECEB5B68">
<enum>
(b)
</enum>
<header>
Annual
report
</header>
<text display-inline="yes-display-inline">
Not later than 180
days after the date of the enactment of this Act or January 30, 2014, whichever
occurs first, and every January 30 thereafter, the President shall submit to
the appropriate congressional committees the National Strategy on Iran required
under subsection (a).
</text>
</subsection>
<subsection id="HDE96886B43F243F389327E8080A55051">
<enum>
(c)
</enum>
<header>
Matters To be
included
</header>
<text>
The report required under subsection (b) shall include,
at a minimum, the following:
</text>
<paragraph id="H86B36878E38D42F0BBEE798391B809EF">
<enum>
(1)
</enum>
<text>
A
description of Iran’s grand strategy and security strategy, including strategic
objectives, and the security posture and objectives of Iran.
</text>
</paragraph>
<paragraph id="H8CAE383C160940FE9CC357057F5EF229">
<enum>
(2)
</enum>
<text>
A
description of the United States strategy to—
</text>
<subparagraph id="H8C64E560E5F444FD8DF45B1CB83AC0F6">
<enum>
(A)
</enum>
<text>
address and
counter the capabilities of Iran’s conventional forces and Iran’s
unconventional forces;
</text>
</subparagraph>
<subparagraph id="H65901045320F4D44BB50ADE04B715532">
<enum>
(B)
</enum>
<text>
disrupt and deny
Iranian efforts to develop or augment capabilities related to nuclear,
unconventional, and missile forces development;
</text>
</subparagraph>
<subparagraph id="HED322E969D0B410AA7F97FE85973CDF0">
<enum>
(C)
</enum>
<text>
address the
Government of Iran’s economic strategy to enable the objectives described in
this subsection;
</text>
</subparagraph>
<subparagraph id="H9DF6EF75648B4472994836FDCA6E6E6E">
<enum>
(D)
</enum>
<text>
exploit key
vulnerabilities; and
</text>
</subparagraph>
<subparagraph id="H2028C91C26254C5FB16E8D019BEC70EC">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
combat Iranian efforts to suppress Internet
freedom, including actions of the United States to—
</text>
<clause id="H6C3FD72496094740821F6C9B67A4344F">
<enum>
(i)
</enum>
<text>
work
to promote expanded Internet access for democracy activists in Iran;
</text>
</clause>
<clause id="H4E660B6CA6994183A212CE25B6C7A936">
<enum>
(ii)
</enum>
<text>
add
a public diplomacy page to the United States’ virtual embassy in Iran;
and
</text>
</clause>
<clause id="HE3434BD9073C405BA971FC66E365745F">
<enum>
(iii)
</enum>
<text>
leverage
multilateral organizations committed to Internet connectivity in Iran.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="HC1DD9520F7CB4F8FA16B1132A2BECC35">
<enum>
(3)
</enum>
<text>
An implementation
plan for the United States strategy described in paragraph (2).
</text>
</paragraph>
</subsection>
<subsection id="H7633E9FA2066420AA066A483138D7DC8">
<enum>
(d)
</enum>
<header>
Form
</header>
<text>
The
report required under subsection (b) shall be submitted in unclassified form to
the greatest extent possible, but may include a classified annex, if
necessary.
</text>
</subsection>
<subsection id="H2FEC62CE249E484497FF4828926D2169">
<enum>
(e)
</enum>
<header>
Appropriate
congressional committees
</header>
<text>
In this section, the term
<term>
appropriate congressional committees
</term>
means—
</text>
<paragraph id="H16504EE86369434A9D35299F15D22D90">
<enum>
(1)
</enum>
<text>
the Committee on
Foreign Affairs, the Committee on Armed Services, the Committee on Financial
Services, the Committee on Ways and Means, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
</text>
</paragraph>
<paragraph id="H873EA92FF717474BB654A9F7EF3DB42E">
<enum>
(2)
</enum>
<text>
the Committee on
Foreign Relations, the Committee on Armed Services, the Committee on Banking,
Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select
Committee on Intelligence of the Senate.
</text>
</paragraph>
</subsection>
</section>
<section id="H15868231E50849ADADDCEF4AB95409E2">
<enum>
402.
</enum>
<header>
Report on
Iranian nuclear and economic capabilities
</header>
<subsection id="H434E20DA0FAA4F2E891BDEC848C01EC1">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Not later than 60
days after the date of the enactment of this Act, the President shall submit to
the appropriate congressional committees a report on the following:
</text>
<paragraph id="HCA81241F12A446CB9F55ADB69465A073">
<enum>
(1)
</enum>
<text>
An estimate of the
timeline for Iranian capabilities to develop nuclear weapons, including—
</text>
<subparagraph id="HB509A4252A0B492FA795D02D5B9E282B">
<enum>
(A)
</enum>
<text>
an estimate of the
period of time it would take Iran to produce enough weapons-grade uranium for a
single implosion-type nuclear weapon, taking into account all known relevant
technical data;
</text>
</subparagraph>
<subparagraph id="H8660D654EB51436BA892A97CD08719B9">
<enum>
(B)
</enum>
<text>
an estimate of the
period of time it would take Iran to produce sufficient separated plutonium for
a single nuclear weapon;
</text>
</subparagraph>
<subparagraph id="HDBA662EF495B4FE2855913CBEA99C0CF">
<enum>
(C)
</enum>
<text>
a description of
the assumptions underlying the estimates referred to in subparagraphs (A) and
(B), and any information about developments that might alter or otherwise
affect those assumptions;
</text>
</subparagraph>
<subparagraph id="H3EC366BAA95E477AB8641D82B91CEC79">
<enum>
(D)
</enum>
<text>
an estimate of the
date by which the periods of time referred to in subparagraphs (A) and (B) will
be less than 45 days; and
</text>
</subparagraph>
<subparagraph id="HE0582CBEF1104B999CF8C7C53BE9DAA7">
<enum>
(E)
</enum>
<text>
a description of
any efforts by the United States to increase the frequency of inspections by
the International Atomic Energy Agency of nuclear facilities in Iran.
</text>
</subparagraph>
</paragraph>
<paragraph id="H98F78EC054684E4FBD2D59949D999DC0">
<enum>
(2)
</enum>
<text>
An assessment of
Iranian strategy and capabilities relating to development of nuclear weapons,
including—
</text>
<subparagraph id="H0A6FAB417394424A9D8F084BB9816589">
<enum>
(A)
</enum>
<text>
a summary and
analysis of current nuclear weapons capabilities;
</text>
</subparagraph>
<subparagraph id="H5118910C8C6A4D6AA4018AE3935BC145">
<enum>
(B)
</enum>
<text>
an estimate of the
amount and sources of funding expended by, and an analysis of procurement
networks utilized by, Iran to develop its nuclear weapons capabilities;
</text>
</subparagraph>
<subparagraph id="H87C1909CF90F413CB4691308A3D28534">
<enum>
(C)
</enum>
<text>
a summary of the
capabilities of Iran's unconventional weapons and Iran's ballistic missile
forces and Iran's cruise missile forces;
</text>
</subparagraph>
<subparagraph id="H6B07D47A09B04B2FB1149DF7E2CA635C">
<enum>
(D)
</enum>
<text>
a detailed
analysis of the effectiveness of Iran's unconventional weapons and Iran's
ballistic missile forces and Iran's cruise missile forces as delivery systems
for a nuclear device;
</text>
</subparagraph>
<subparagraph id="H3FBAD85027E14AA2A9607EA79CCF6FC6">
<enum>
(E)
</enum>
<text>
a description of
all efforts of Iran to design and develop a nuclear weapon, including efforts
to design or fit warheads, and any other possible military dimensions of the
nuclear program of Iran; and
</text>
</subparagraph>
<subparagraph id="H56C0C477FC9A47759AF8DE6B1BA408C3">
<enum>
(F)
</enum>
<text>
an analysis of the
procurement network, including the amount and sources of funding expended by
Iran on programs to develop a nuclear weapons capability.
</text>
</subparagraph>
</paragraph>
<paragraph id="H83A483D117984AD0AAEDA09AD4700695">
<enum>
(3)
</enum>
<text>
Projected economic
effects of international sanctions on Iran, including—
</text>
<subparagraph id="H4292417B805746299A54A5AF4AAB1AA1">
<enum>
(A)
</enum>
<text>
an estimate of the
capital accounts, current accounts, and amounts of foreign exchange reserves
(including access to foreign exchange reserves) of the Government of Iran, and
other leading indicators of the status of the economy of Iran;
</text>
</subparagraph>
<subparagraph id="HBED22BD292364C6A8C26860A95B7B00D">
<enum>
(B)
</enum>
<text>
an estimate of
timelines with respect to macroeconomic viability of Iran, including the time
by which the Government of Iran will exhaust its foreign exchange
reserves;
</text>
</subparagraph>
<subparagraph id="H03C417AB041D4A65832178FDE1073592">
<enum>
(C)
</enum>
<text>
an estimate of the
date by which the reserves of the Central Bank of Iran will be insufficient for
the Government of Iran to avoid a severe balance of payments crisis that
prevents it from maintaining a functioning economy, including—
</text>
<clause id="HA8514391435547C1B78B502FB474F9A5">
<enum>
(i)
</enum>
<text>
the
inflation rate, exchange rates, unemployment rate, and budget deficits in Iran;
and
</text>
</clause>
<clause id="H6826AA8D50F34820ADD87F4745C3846E">
<enum>
(ii)
</enum>
<text>
other leading
macroeconomic indicators used by the International Monetary Fund, professional
rating agencies, and other credible sources to assess the economic health of a
country;
</text>
</clause>
</subparagraph>
<subparagraph id="H5FF2046E7A99479DA65F536ACA247EB5">
<enum>
(D)
</enum>
<text>
a description of
the assumptions underlying the estimate referred to in paragraph (3) and an
indication of how changes in each of those assumptions could affect the
estimate;
</text>
</subparagraph>
<subparagraph id="HC63DC105618D4AACA23369959D06FCE2">
<enum>
(E)
</enum>
<text>
an assessment of
the effect of sanctions imposed with respect to Iran on moving forward the date
referred to in subparagraph (C); and
</text>
</subparagraph>
<subparagraph id="H508BFFD856C84570A0471AA603D64F67">
<enum>
(F)
</enum>
<text>
a description of
actions taken by the Government of Iran to delay the date referred to in
subparagraph (C).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H598F94B877AC407DA2382B5D8BB1188C">
<enum>
(b)
</enum>
<header>
Update
</header>
<text display-inline="yes-display-inline">
The President shall submit to the
appropriate congressional committees an update of the report required by
subsection (a) every 60 days after the date of submission of the report that
includes any pertinent developments to Iranian nuclear or economic
capabilities.
</text>
</subsection>
<subsection id="H40002A78FFBC4634B9CBDEF1423E0994">
<enum>
(c)
</enum>
<header>
Form
</header>
<text>
The
report required under subsection (a) and the update required under subsection
(b) shall be submitted in unclassified form to the greatest extent possible,
but may include a classified annex, if necessary.
</text>
</subsection>
<subsection id="H64F7EE7C88564FAA90071821EC698AA2">
<enum>
(d)
</enum>
<header>
Definitions
</header>
<text>
In
this section:
</text>
<paragraph id="H5FECD153DFE5447DB568B4285C19F301">
<enum>
(1)
</enum>
<header>
Appropriate
congressional committees
</header>
<text>
The term
<quote>
appropriate
congressional committees
</quote>
means—
</text>
<subparagraph id="H6AB614476CA24BF89FCD7F1AE8D91290">
<enum>
(A)
</enum>
<text>
the Committee on
Foreign Affairs, the Committee on Armed Services, the Committee on Financial
Services, the Committee on Ways and Means, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
</text>
</subparagraph>
<subparagraph id="HB7F85F2D34514A459622E1237EC685EC">
<enum>
(B)
</enum>
<text>
the Committee on
Foreign Relations, the Committee on Armed Services, the Committee on Banking,
Housing, and Urban Affairs, the Committee on Finance, and the Select Committee
on Intelligence of the Senate.
</text>
</subparagraph>
</paragraph>
<paragraph id="H84F7DB795AF243278687D201EF67D7E6">
<enum>
(2)
</enum>
<header>
Nuclear
explosive device
</header>
<text>
The term
<quote>
nuclear explosive device
</quote>
means any device, whether assembled or disassembled, that is designed to
produce an instantaneous release of an amount of nuclear energy from special
nuclear material that is greater than the amount of energy that would be
released from the detonation of one pound of trinitrotoluene (TNT).
</text>
</paragraph>
</subsection>
</section>
<section id="H829B3543B9D047FB9AE59EBB89832C45">
<enum>
403.
</enum>
<header>
Report on
plausibility of expanding sanctions on Iranian oil
</header>
<subsection id="H1223A02EA0E04DD181D8058D8AEDA171">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
Not later than 180 days after the date of the enactment
of this Act, the President shall submit to the appropriate congressional
committees a report assessing the following:
</text>
<paragraph id="H39A098660B5D46538F1C742CF13EE741">
<enum>
(1)
</enum>
<text>
Whether petroleum
and petroleum products originating in and exported from Iran are refined and
sold outside of Iran.
</text>
</paragraph>
<paragraph id="H58BD8F0F29BF4A9585DA28BAA98C556F">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
Whether products that contain
Iranian-origin petroleum or petroleum products as part of their contents are
imported into the United States and, if any such products are imported into the
United States, whether such importation violates the ban on importation into
the United States of Iranian-origin petroleum or petroleum products.
</text>
</paragraph>
<paragraph id="H419197C0372546019D0C6C64AA2A89F0">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
Whether it is feasible to ban the
importation into the United States of products described in paragraph (2),
regardless of whether the ban on importation into the United States of
Iranian-origin petroleum or petroleum products applies to such products.
</text>
</paragraph>
</subsection>
<subsection id="HC64867227B1045AD8490BF112300F8AA">
<enum>
(b)
</enum>
<header>
Basis of
report
</header>
<text>
The report required under subsection (a) may be based on
publicly-available information and classified information. The information that
is not classified information shall be made publically available.
</text>
</subsection>
<subsection id="HC75C07F5928B44288E8ADD1F75A66E31">
<enum>
(c)
</enum>
<header>
Appropriate
congressional committees
</header>
<text>
In this section, the term
<quote>
appropriate congressional committees
</quote>
means—
</text>
<paragraph id="H8D6973C272514A4F95557BB131C52746">
<enum>
(1)
</enum>
<text>
the Committee on
Foreign Affairs, the Committee on Financial Services, and the Committee on Ways
and Means of the House of Representatives; and
</text>
</paragraph>
<paragraph id="H44A9FB3B7D484225B7B30318C2A9595B">
<enum>
(2)
</enum>
<text>
the Committee on
Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and
the Committee on Finance of the Senate.
</text>
</paragraph>
</subsection>
</section>
<section id="H79AA45C423AE44EF90B95E1CEF5FA289">
<enum>
404.
</enum>
<header>
GAO report on
Iranian strategy to evade current sanctions and other matters
</header>
<text display-inline="no-display-inline">
Not later than 90 days after the date of the
enactment of this Act, the Comptroller General of the United States shall
submit to Congress a report that—
</text>
<paragraph id="HE7ECD653D47A4A7F8F05CA0311ED96E9">
<enum>
(1)
</enum>
<text>
evaluates the
strategy of the Government of Iran to evade current economic and financial
sanctions; and
</text>
</paragraph>
<paragraph id="H660F14A4D0944398B9ABA30F03118A74">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
specifically evaluates the ability of Iran
to successfully diversify its economy beyond its energy sector, thereby
lessening the impact and effectiveness of economic and financial
sanctions.
</text>
</paragraph>
</section>
<section id="H0158DA1841D44442B42E83A3A881E75E">
<enum>
405.
</enum>
<header>
Authority to
consolidate reports required under Iran sanctions laws
</header>
<subsection id="H5A735E40719F468C92D44C3F5C63F531">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Any or all reports
required to be submitted to Congress under the provisions of law described in
subsection (c) that are subject to a deadline for submission consisting of the
same unit of time may be consolidated into a single report that is submitted to
Congress pursuant to such deadline.
</text>
</subsection>
<subsection id="HC72DA622209248D09BA07F566A9B8AD0">
<enum>
(b)
</enum>
<header>
Exception
</header>
<text>
Subsection
(a) shall not apply with respect to the initial report of any report described
in subsection (a).
</text>
</subsection>
<subsection id="H7BAD59BADBC04026B72DC01FA17CF972">
<enum>
(c)
</enum>
<header>
Provisions of
law described
</header>
<text>
The provisions of law referred to in this section
are the following:
</text>
<paragraph id="H5227EEDDBB024874AE070D42FF0BEA5E">
<enum>
(1)
</enum>
<text>
This Act and the
amendments made by this Act.
</text>
</paragraph>
<paragraph id="HBB1C2A26C55F42BE91BF3A0C0048E5A3">
<enum>
(2)
</enum>
<text>
The Iran Freedom
and Counter-Proliferation Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8801">
22 U.S.C. 8801 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="H50592BC235F141538B4F6C2A8C5570E8">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
The Iran Threat Reduction and Syria Human
Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8701">
22 U.S.C. 8701 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="H58BCFA1959C148CA9F63565B0C0A4818">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
The Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8501">
22 U.S.C. 8501 et seq.
</external-xref>
).
</text>
</paragraph>
</subsection>
<subsection id="H620C935996074F06A2D53D283B41F3F5">
<enum>
(d)
</enum>
<header>
Effective
date
</header>
<text display-inline="yes-display-inline">
This section takes
effect on the date of the enactment of this Act and applies with respect to
reports required to be submitted to Congress under the provisions of law
described in subsection (c) on or after such date of enactment.
</text>
</subsection>
</section>
<section id="HB73CA4660667408DA394BEE8CD296F69">
<enum>
406.
</enum>
<header>
Amendments to
definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and
Syria Human Rights Act of 2012
</header>
<subsection id="H0626327375C94B959EB1BF3397AAB318">
<enum>
(a)
</enum>
<header>
Iran Sanctions
Act of 1996
</header>
<text display-inline="yes-display-inline">
Section 14(4)(B)
of the Iran Sanctions Act of 1996 (
<external-xref legal-doc="public-law" parsable-cite="pl/104/172">
Public Law 104–172
</external-xref>
;
50 U.S.C.
1701 note) is amended by striking
<quote>
may include, in the
discretion of the President
</quote>
and inserting
<quote>
includes
</quote>
.
</text>
</subsection>
<subsection id="HA820FD946B1F4908B91803950F3C4796">
<enum>
(b)
</enum>
<header>
Iran Threat
Reduction and Syria Human Rights Act of 2012
</header>
<text>
Section 211 of the
Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8721">
22 U.S.C. 8721
</external-xref>
) is
amended by adding at the end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="HFF4017F0C80643649DD09E735B136341" style="OLC">
<subsection id="H0E246CAFFC5A4D999267B84776D96E75">
<enum>
(f)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
In this section, the term
<quote>
appropriate congressional committees
</quote>
includes the Committee on
Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HE325C6F3ACA94076ACD298354BEDAAC1">
<enum>
407.
</enum>
<header>
Rule of
construction
</header>
<text display-inline="no-display-inline">
Nothing in this
Act or any amendment made by this Act shall be construed to apply with respect
to—
</text>
<paragraph id="HF41C0911FD2D452690086FE7B3FA9E36">
<enum>
(1)
</enum>
<text>
any activity
relating to a project described in subsection (a) of section 603 of the Iran
Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8783">
22 U.S.C. 8783
</external-xref>
) to
which the exception under that section applies at the time of the activity; or
</text>
</paragraph>
<paragraph id="HABD63B316BB14A88AC48D2A606705EE4">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
any authorized intelligence activity of the
United States.
</text>
</paragraph>
</section>
<section id="H2EDF5721549B4F68A63BBD6BE9C92ADB">
<enum>
408.
</enum>
<header>
Implementation;
penalties
</header>
<subsection id="H943DE4F5E8FB4F04B3D065F865F724FA">
<enum>
(a)
</enum>
<header>
Implementation
</header>
<text display-inline="yes-display-inline">
The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency Economic
Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act and the amendments
made by this Act.
</text>
</subsection>
<subsection id="H0A031497E1744FE7B056D807747136B9">
<enum>
(b)
</enum>
<header>
Penalties
</header>
<text display-inline="yes-display-inline">
The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency Economic Powers Act
(50 U.S.C.
1705) shall apply to a person that violates, attempts to
violate, conspires to violate, or causes a violation of this Act or any
amendment made by this Act or regulations prescribed under this Act to the same
extent that such penalties apply to a person that commits an unlawful act
described in section 206(a) of the International Emergency Economic Powers Act
(50 U.S.C.
1705(a)).
</text>
</subsection>
</section>
<section id="HD6BDE9BBE3D54211863FD60351F62627">
<enum>
409.
</enum>
<header>
Severability
</header>
<subsection id="H24D97ECBF3854BECA93C0B630458FE29">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
If any provision of
this Act, or the application of such provision to any person or circumstance,
is found to be unconstitutional, the remainder of this Act, or the application
of that provision to other persons or circumstances, shall not be
affected.
</text>
</subsection>
<subsection id="H9EB1E97F0998465EAE0A858A3F194218">
<enum>
(b)
</enum>
<header>
Effective date
under section 214
</header>
<text display-inline="yes-display-inline">
If
subsection (d) of section 214 is found to be unconstitutional in accordance
with subsection (a), the amendments made by such section 214 take effect on the
date of the enactment of this Act and apply with respect to transactions
entered into on or after such date of enactment.
</text>
</subsection>
</section>
</title>
</legis-body>
<attestation>
<attestation-group>
<attestation-date chamber="House" date="20130731">
Passed the House of
Representatives July 31, 2013.
</attestation-date>
<attestor display="yes">
Karen L. Haas,
</attestor>
<role>
Clerk
</role>
</attestation-group>
</attestation>
</bill>
| IIB 113th CONGRESS 1st Session H. R. 850 IN THE SENATE OF THE UNITED STATES August 1, 2013 Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs AN ACT To impose additional human rights and economic and financial sanctions with respect to Iran, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Nuclear Iran Prevention Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and statement of policy. Title I—Human rights and terrorism sanctions Sec. 101. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran. Sec. 102. Prevention of diversion of certain goods, services and technologies to Iran. Sec. 103. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. Sec. 105. Sense of Congress on elections in Iran. Sec. 106. Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran. Title II—Economic and financial sanctions Subtitle A—Amendments to Iran Sanctions Act of 1996 Sec. 201. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium. Sec. 202. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities. Subtitle B—Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012 Sec. 211. Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran. Sec. 212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors. Sec. 213. Sense of Congress regarding the European Central Bank. Sec. 214. Imposition of sanctions with respect to certain transactions in foreign currencies. Sec. 215. Sanctions with respect to certain transactions with Iran. Subtitle C—Other matters Sec. 221. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions. Sec. 222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran. Sec. 223. Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran. Sec. 224. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals. Sec. 225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013. Sec. 226. Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran. Sec. 227. Conditions for entry and operation of vessels. Title III—Additional authorities to prevent censorship activities in Iran Sec. 301. Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting. Sec. 302. List of persons who are high-risk re-exporters of sensitive technologies. Sec. 303. Sense of Congress on provision of intercept technologies to Iran. Sec. 304. Sense of Congress on availability of consumer communication technologies in Iran. Sec. 305. Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate. Title IV—Reports and other matters Sec. 401. National Strategy on Iran. Sec. 402. Report on Iranian nuclear and economic capabilities. Sec. 403. Report on plausibility of expanding sanctions on Iranian oil. Sec. 404. GAO report on Iranian strategy to evade current sanctions and other matters. Sec. 405. Authority to consolidate reports required under Iran sanctions laws. Sec. 406. Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012. Sec. 407. Rule of construction. Sec. 408. Implementation; penalties. Sec. 409. Severability. 2. Findings and statement of policy (a) Findings Congress finds the following: (1) Iran’s acquisition of a nuclear weapons capability would— (A) embolden its already aggressive foreign policy, including its arming of terrorist organizations and other groups, its efforts to destabilize countries in the Middle East, and its efforts to target the United States, United States allies, and United States interests globally; (B) increase the risk that Iran would share its nuclear technology and expertise with extremist groups and rogue nations; (C) destabilize global energy markets, posing a direct and devastating threat to the American and global economy; and (D) likely lead other governments in the region to pursue their own nuclear weapons programs, increasing the prospect of nuclear proliferation throughout the region and effectively ending the viability of the global nonproliferation regime, including the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force on March 5, 1970. (2) A nuclear arms-capable Iran possessing intercontinental ballistic missiles, a development most experts expect could occur within a decade, would pose a direct nuclear threat to the United States. (b) Statement of policy It shall be the policy of the United States to prevent Iran from acquiring a nuclear weapons capability. I Human rights and terrorism sanctions 101. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran (a) In general Section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)) is amended— (1) in subparagraph (D), by striking or at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (F) facilitates a significant transaction or transactions or provides significant financial services for— (i) a person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or 105C(a); or (ii) a person that exports sensitive technology to Iran and is subject to the prohibition on procurement contracts as described in section 106. . (b) Effective date The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to any activity described in subparagraph (F) of section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (as added by subsection (a)(3) of this section) initiated on or after the date that is 90 days after such date of enactment. (c) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a). 102. Prevention of diversion of certain goods, services and technologies to Iran (a) Definitions Section 301(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8541(1) ) is amended by striking knows or has reason to know and inserting knows, has reason to know, or should have known . (b) Identification of countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran Section 302(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8542(b) ) is amended— (1) in paragraph (1), by striking or at the end; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) that are— (A) items described in the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions); (B) items on the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions; (C) items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; (D) items on the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or (E) items on the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions. . (c) Destinations of diversion concern Section 303(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8543(c)) is amended— (1) by striking Not later than and inserting the following: (1) In general Not later than ; and (2) by adding at the end the following new paragraph: (2) Additional measures (A) In general Except as provided in this section, the President may impose restrictions on United States foreign assistance or measures authorized under the International Emergency Economic Powers Act with respect to a country designated as a country of diversion concern if the President determines such restrictions or measures would prevent the transfer of United States-origin goods, services, and technology to Iran. (B) Exception The authority to impose sanctions under subparagraph (A) shall not include the authority to impose sanctions relating to the importation of goods. (C) Good defined In this paragraph, the term good has the meaning given that term in section 16 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2415 ) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). . (d) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to countries identified in any update to the report that is required under section 302(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and submitted to Congress on or after such date of enactment. 103. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Subtitle A of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741 et seq.) is amended— (1) by redesignating section 304 as section 305; and (2) by inserting after section 303 the following new section: 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Not later than 30 days after the date of the enactment of this section, the Secretary of State shall determine if Iran’s Revolutionary Guard Corps meets the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (b) Affirmative determination If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps meets the criteria set forth under such section 219, the Secretary shall designate Iran’s Revolutionary Guard Corps as a foreign terrorist organization under such section 219. (c) Negative determination (1) In general If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps does not meet the criteria set forth under such section 219, the Secretary shall submit to the committees of Congress specified in subsection (e) a report that contains a detailed justification as to which criteria have not been met. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (d) Applicability of sanctions to Quds Force The sanctions applied to any entity designated as a foreign terrorist organization as set forth in such section 219 shall be applied to the Iran’s Revolutionary Guard Corps Quds Force. (e) Committees of Congress specified The committees of Congress specified in this subsection are the following: (1) The Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives. (2) The Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate. . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 304 and inserting the following: Sec. 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 305. Rule of construction. . 104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran (a) Finding and sense of Congress Section 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251) is amended to read as follows: (a) Finding and sense of Congress (1) Finding Congress finds that Iranian persons holding the following positions in the Government of Iran are ultimately responsible for and have and continue to knowingly order, control, direct and implement gross violations of the human rights of the Iranian people, the human rights of persons in other countries, censorship, and the diversion of food, medicine, medical devices, agricultural commodities and other goods intended for the Iranian people: (A) The Supreme Leader of Iran. (B) The President of Iran. (C) Members of the Council of Guardians. (D) Members of the Expediency Council. (E) The Minister of Intelligence and Security. (F) The Commander of the Iran’s Revolutionary Guard Corps. (G) The Commander of the Basij-e-Mostaz’afin. (H) The Commander of Ansar-e-Hezbollah. (I) The Commander of the Quds Force. (J) The Commander in Chief of the Police Force. (K) Senior officials or key employees of an organization described in any of subparagraphs (C) through (J) or in the Atomic Energy Organization of Iran, the Islamic Consultative Assembly of Iran, the Council of Ministers of Iran, the Assembly of Experts of Iran, the Ministry of Defense and Armed Forces Logistics of Iran, the Ministry of Justice of Iran, the Ministry of Interior of Iran, the prison system of Iran, or the judicial system of Iran. (2) Sense of Congress It is the sense of Congress that— (A) the President should include any Iranian person holding a position in the Government of Iran described in paragraph (1) on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8514(b), 8514a(b), 8514b(b), or 8514c(b)); and (B) the President should impose sanctions on such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (b) Additional finding and sense of Congress Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Additional finding and sense of Congress (1) Finding Congress finds that other senior officials of the Government of Iran, its agencies and instrumentalities, also have and continue to knowingly order, control, direct, and implement gross violations of the human rights of the Iranian people and the human rights of persons in other countries. (2) Sense of Congress It is the sense of Congress that— (A) the President should investigate violations of human rights described in paragraph (1) to identify other senior officials of the Government of Iran that also have or continue to knowingly order, control, direct, and implement gross violations of human rights of the Iranian people and the human rights of persons in other countries; (B) the President should include any such official on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8514(b) , 8514a(b), 8514b(b), or 8514c(b)); and (C) the President should impose sanctions on any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (c) Report Section 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251) (as redesignated by subsection (b) of this section) is amended— (1) by striking Not later than and inserting the following: (A) In general Not later than ; (2) by striking this Act and inserting the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years ; (3) by striking otherwise directing the commission of and inserting otherwise directing— (i) the commission of ; (4) by striking Iran. and inserting Iran; (ii) censorship or related activities with respect to Iran; or (iii) the diversion of goods, food, medicine, medical devices, and agricultural commodities, intended for the people of Iran. ; (5) by striking For any such person and inserting the following: (B) Requirement relating to persons not included For any such person ; and (6) by adding at the end the following new subparagraph: (C) Requirement relating to financial net worth For each such person described in subparagraph (A) and each such person described in subparagraph (B), the Secretary of State shall include in the report a description of the estimated net worth of the person. . (d) Additional report Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251), as amended by this section, is further amended by adding at the end the following new subsection: (d) Additional report (1) In general Not later than 180 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years, the Secretary of State shall submit to the appropriate congressional committees a detailed report with respect to whether each person described in subsection (a) or any family member of such person has facilitated deceptive transactions for or on behalf of any person subject to United States sanctions concerning Iran in violation of Executive Order 13608 of May 1, 2012 (77 Fed. Reg. 26409; 50 U.S.C. 1701 note) or any other provision of law. (2) Family member defined In this subsection, the term family member includes, with respect to a person, any relative of such person to the third degree of consanguinity. . (e) Conforming amendment The heading for section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251) is amended by striking committed against and all that follows and inserting , engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. . (f) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 401 and inserting the following: Sec. 401. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. . 105. Sense of Congress on elections in Iran (a) Findings Congress makes the following findings: (1) The Iranian people are systematically denied free, fair, and credible elections by the Government of the Islamic Republic of Iran. (2) The unelected and unaccountable Guardian Council disqualifies hundreds of qualified candidates, including women and most religious minorities, while the regime intimidates others into staying out of elections completely. (3) Voting inconsistencies, including an absence of international observers, and fraud are commonplace. (4) The 2009 presidential elections proved that the regime will engage in large scale vote-rigging to ensure a specific result. (5) The Iranian regime combines electoral manipulation with the ruthless suppression of dissent. Following the 2009 elections, peaceful demonstrators were met with violence by the regime’s security apparatus, including arbitrary detentions, beatings, kidnappings, rapes, and murders. (6) The electoral manipulation and human rights violations are in violation of the Government of Iran’s agreed to obligations under the United Nations International Covenant on Civil and Political Rights. (b) Sense of Congress It is the sense of the Congress that— (1) the Iranian people are deprived by their government of free, fair, and credible elections; (2) the United States should support freedom, human rights, civil liberties, and the rule of law in Iran, and elections that are free and fair, meet international standards, and allow independent international and domestic electoral observers unrestricted access to polling and counting stations; and (3) the United States should support the people of Iran in their peaceful calls for a representative and responsive democratic government that respects human rights, civil liberties, and the rule of law. 106. Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran It is the sense of Congress that the Secretary of State should designate a Special Coordinator position in the Bureau of Near Eastern Affairs whose primary function is to facilitate cooperation across departments for the purpose of advancing human rights and political participation for women in Iran, as well as to prepare evidence and information to be used in identifying Iranian officials for designation as human rights violators for their involvement in violating the human rights of women in Iran. II Economic and financial sanctions A Amendments to Iran Sanctions Act of 1996 201. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium (a) In general Section 5(b) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) is amended by adding at the end the following new paragraph: (3) Transfer to Iran of goods, services, or technology that can be used for mining or milling of uranium Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly transferred, on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013, to Iran goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium. . (b) Conforming amendments Section 5 of such Act is amended in subsection (b)(3), (c), and (f) by striking paragraph (1) or (2) each place it appears and inserting paragraph (1), (2), or (3) . 202. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities Section 9(c)(1) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) is amended— (1) by striking subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (B); and (3) in subparagraph (B) (as redesignated by paragraph (2) of this section)— (A) by striking or (B) each place it appears; and (B) by striking , as applicable . B Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012 211. Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran (a) Application to owners and subsidiaries Subsection (a) of section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111–195; 22 U.S.C. 8515) is amended— (1) by striking goods or services with a person and inserting the following: goods or services— (1) with a person ; (2) in paragraph (1), as added by paragraph (1) of this subsection, by striking the period at the end and inserting and inserting ; or ; and (3) by adding at the end the following new paragraph: (2) with respect to a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1). . (b) Sensitive technology defined Subsection (c)(1) of such section is amended by striking is to be used specifically and inserting has been designed or specifically modified . (c) Presidential determination and imposition of additional sanctions Such section, as so amended, is further amended by adding at the end the following new subsection: (e) Presidential determination and imposition of additional sanctions The President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) with respect to— (1) a person if the President determines that the person knowingly exports sensitive technology to Iran; or (2) a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1). . (d) Conforming amendment The heading of such section is amended by inserting and imposition of sanctions against after with . (e) Clerical amendment The table of contents for the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended by striking the item relating to section 106 and inserting the following: Sec. 106. Prohibition on procurement contracts with and imposition of sanctions against persons that export sensitive technology to Iran. . (f) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to exports of sensitive technology to Iran that occur on or after such date of enactment. 212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors (a) In general Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8532 ) is amended by striking subsections (a), (b), and (c) and inserting the following: (a) Sense of congress It is the sense of Congress that the United States should respect the decision of any State or local government to divest from or prohibit the investment of assets of the State or local government in a person described in subsection (c) or to impose disclosure and transparency requirements on any person subject to the jurisdiction of such government, except with respect to an activity that is exempt, licensed, or otherwise authorized by a Federal department or agency. (b) Authority Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d)— (1) to divest the assets of the State or local government from a person described in subsection (c); (2) to prohibit investment of the assets of the State or local government in any such person; or (3) to impose disclosure and transparency requirements on any person subject to the jurisdiction of such government, except with respect to an activity that is exempt, licensed, or otherwise authorized by a Federal department or agency. (c) Persons described A person described in this subsection is a person with respect to which sanctions have been, and continue to be, imposed pursuant to— (1) section 104(c) of this Act; (2) section 5 of the Iran Sanctions Act of 1996 ( 50 U.S.C. 1701 note); (3) section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)); or (4) sections 1244, 1245, 1246 or 1247 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 8803, 8804, 8805, or 8806). . (b) Conforming amendments Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8532 ) is amended— (1) in subsection (d)(4), by striking engages in investment activities in Iran described in subsection (c) and inserting is a person described in subsection (c) ; (2) in subsection (f), by striking or (i) and inserting or (g) ; (3) by striking subsection (h) and by redesignating subsections (i) and (j) as subsections (h) and (i), respectively; and (4) in paragraph (1) of subsection (i) (as redesignated by paragraph (3) of this subsection), by striking (determined without regard to subsection (c)) . (c) Effective date The amendments made by this section apply to measures adopted by State and local governments on or after the date of the enactment of this Act. 213. Sense of Congress regarding the European Central Bank (a) Findings Congress finds the following: (1) The Government of Iran, its agencies and instrumentalities, continue to have access to, and utilize, euro-denominated transactions, including for goods and services that are subject to sanctions imposed by the United States, the European Union and its member states and by the United Nations. (2) The Guidelines of the European Central Bank (Article 39(1)) states that: Participants shall be deemed to be aware of, and shall comply with, all obligations on them relating to legislation on data protection, prevention of money laundering and the financing of terrorism, proliferation-sensitive nuclear activities and the development of nuclear weapons delivery systems, in particular in terms of implementing appropriate measures concerning any payments debited or credited on their PM accounts. (3) United States and European convergence with respect to United States sanctions efforts toward the Government of Iran is a vital component of United States policy aimed at preventing the Government of Iran from acquiring a nuclear weapons capability. (b) Sense of Congress It is the sense of Congress that the President should continue to closely coordinate and cooperate with the European Union and its member states to restrict access to and use of the euro currency by the Government of Iran, its agencies and instrumentalities, for transactions with the exception of food, medicine, medical devices, and agricultural commodities. 214. Imposition of sanctions with respect to certain transactions in foreign currencies (a) Imposition of sanctions Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 et seq. ) is amended by inserting after section 220 the following: 220A. Imposition of sanctions with respect to certain transactions in foreign currencies (a) In general Except as provided in this section, the President— (1) shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that is a person described in subsection (c); and (2) may impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to any other person described in subsection (c). (b) Exception The authority to impose sanctions under subsection (a)(2) shall not include the authority to impose sanctions relating to the importation of goods. (c) Person described A person described in this subsection is a person the President determines has— (1) knowingly conducted or facilitated a significant transaction involving the currency of a country other than the country in which the person is operating at the time of the transaction with, for, or on behalf of— (A) the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); or (B) a person described in section 1244(c)(2) of the Iran Freedom and Counter-Proliferation Act (22 U.S.C. 8803(c)(2)) (other than a person described in subparagraph (C)(iii) of that section); or (2) knowingly conducted or facilitated a significant transaction by another person involving the currency of a country other than the country in which that other person is operating at the time of the transaction, with, for, or on behalf of a person described in subparagraph (A) or (B) of paragraph (1). (d) Waiver (1) In general The President may waive the application of subsection (a) with respect to a person for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, if the President— (A) determines that the waiver is vital to the national security of the United States; and (B) not less than 7 days before the waiver or the renewal of the waiver, as the case may be, takes effect, submits a report to the appropriate congressional committees on the waiver and the reason for the waiver. (2) Form of report Each report submitted under paragraph (1)(B) shall be submitted in unclassified form but may include a classified annex. (e) Rule of construction Nothing in this section shall be construed to prohibit any person from, or authorize or require the imposition of sanctions with respect to any person for, conducting or facilitating any transaction in the currency of the country in which the person is operating at the time of the transaction for the sale of agricultural commodities, food, medicine, or medical devices. (f) Definitions In this section: (1) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Agricultural commodity The term agricultural commodity has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). (3) Foreign financial institution The term foreign financial institution has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (4) Good The term good has the meaning given that term in section 16 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2415 ) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). (5) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513b(d)). (6) Medical device The term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (7) Medicine The term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (8) Transaction The term transaction includes a foreign exchange swap, a foreign exchange forward, and any other type of similar currency exchange or conversion or similar derivative instrument. . (b) Conforming amendments (1) Implementation Section 601(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8781(a)(1)) is amended by inserting 220A, after 220, . (2) Penalties Section 601(b)(2)(A) of such Act ( 22 U.S.C. 8781(b)(2)(A) ) is amended by striking and 220, and inserting 220, and 220A, . (3) Termination Section 605(a) of such Act ( 22 U.S.C. 8785(a) ) is amended by inserting 220A, after 220, . (c) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 220 the following: Sec. 220A. Imposition of sanctions with respect to certain transactions in foreign currencies. . (d) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after May 22, 2013. 215. Sanctions with respect to certain transactions with Iran (a) In general Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8721 et seq.) is amended by adding at the end the following new section: 225. Sanctions with respect to certain transactions with Iran (a) Authorization of sanctions (1) In general Except as provided in this section, the President may impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) on a foreign person that the President determines has, on or after the date that is 60 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly conducted or facilitated a significant financial transaction with the Central Bank of Iran or other Iranian financial institution that has been designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act, for— (A) the purchase of goods or services by a person in Iran or on behalf of a person in Iran; or (B) the purchase of goods or services from a person in Iran or on behalf of a person in Iran. (2) Exception (A) In general The authority to impose sanctions under paragraph (1) shall not include the authority to impose sanctions relating to the importation of goods. (B) Good In this paragraph, the term good has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )). (3) Rule of construction Nothing in this section shall be construed to affect the imposition of sanctions with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran under section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648). (b) Exception for overall reductions of exports to and imports from Iran (1) In general The President is authorized not to impose sanctions under subsection (a) on a foreign person if the President determines and submits to the appropriate congressional committees a report that contains a determination of the President that the country with primary jurisdiction over the foreign person has, during the time period described in paragraph (2), significantly reduced the value and volume of imports and exports of goods (other than petroleum or petroleum products) and services between such country and Iran. (2) Time period described The time period referred to in paragraph (1) is the 60-day period ending on the date on which the President makes the determination under paragraph (1) as compared to the immediately preceding 60-day period. (c) Exception for sales of agricultural commodities, food, medicine and medical devices The President may not impose sanctions under subsection (a) on a foreign person with respect to a transaction for the sale of agricultural commodities, food, medicine or medical devices to Iran. (d) Definitions In this section: (1) Foreign person The term foreign person has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note). (2) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513b(d)). . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 224 the following: Sec. 225. Sanctions with respect to certain transactions with Iran. . C Other matters 221. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions (a) Exception to applicability of sanctions with respect to petroleum transactions Section 1245(d)(4)(D)(i)(I) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648; 22 U.S.C. 8513a(d)(4)(D)(i)(I)) is amended— (1) by striking reduced reduced and inserting reduced ; (2) by inserting value and before volume ; (3) by inserting or of Iranian origin after from Iran ; and (4) by adding at the end before the semicolon the following: , and the President certifies in writing to Congress that the President has based such determination on accurate information on that country’s total purchases of crude oil from Iran or of Iranian origin . (b) Financial transactions described Section 1245(d)(4)(D)(ii)(II) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1648) is amended— (1) by striking (II) and inserting (II)(aa) ; (2) in item (aa) (as designated by paragraph (1) of this subsection), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new item: (bb) the foreign financial institution holding the account described in item (aa) does not knowingly facilitate any significant financial transfers for, with, or on behalf of the Government of Iran, unless the transaction is excepted from sanctions under paragraph (2) or is a transaction described in subclause (I) and item (aa). . (c) Strategy to reduce crude oil purchases from Iran or of Iranian origin (1) Statement of policy It is the policy of the United States to seek to ensure that countries that have received an exception under subparagraph (D)(i)(I) of section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1648) shall reduce their crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subparagraph (E)(ii) of such section (as added by paragraph (2) of this subsection). (2) Amendment Section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1648) is amended by adding at the end the following new subparagraph: (E) Strategy to reduce crude oil purchases from Iran or of Iranian origin (i) In general Not later than 30 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, the President shall make a determination, based on the information contained in the most recent report required under subparagraph (A), of whether each country that received an exception under subparagraph (D)(i)(I) before such date of enactment is able to reduce its crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in clause (ii). If the President makes an initial determination under this clause that the requirements of this clause cannot be met, then the President shall continue to make a determination under this clause every 90 days thereafter as to whether or not the requirements of this clause can be met. (ii) Strategy If the President determines that the requirements of clause (i) can be met, then not later than 60 days after the date of such affirmative determination, the President shall develop and submit to the appropriate congressional committees a strategy to seek to ensure that the requirements of clause (i) are met by the end of the 1-year period beginning on such date of submission. (iii) Future exceptions (I) Affirmative determination If the President determines that the strategy described in clause (ii) was achieved, then each country described in clause (i) shall be eligible to receive one or more further exceptions under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph. (II) Negative determination Except as provided in subclause (III), if the President determines that the strategy described in clause (ii) was not achieved, then each country described in clause (i) shall be ineligible to receive any further exception under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph. (III) Exception (aa) In general Subclause (II) shall not apply with respect to a country described in clause (i) if the country— (AA) dramatically reduced its crude oil purchases from Iran or of Iranian origin during the 1-year period described in clause (ii); and (BB) has committed itself to continue to reduce its crude oil purchases from Iran or of Iranian origin to a de minimis level. (bb) Data The President shall submit to the appropriate congressional committees all data used to make a determination under item (aa) not later than 15 days before issuing an exception under item (aa). (iv) Appropriate congressional committees In this subparagraph, the term appropriate congressional committees means— (I) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (II) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. . (d) Definition of crude oil Section 1245(d)(4)(D) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d)(4)(D) ) is amended by adding at the end the following new clause: (iii) Crude oil In this subparagraph, the term crude oil includes unfinished oils, liquefied petroleum gases, distillate fuel oil, and residual fuel oil. . (e) Waiver Section 1245(d)(5)(A) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(5)(A)) is amended by striking in the national and inserting vital to the national . (f) Definitions of significant reduction Section 1245(h)(3) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(h)(3)) is amended— (1) by striking price or volume and inserting price and volume ; and (2) by adding at the end before the period the following: and at least a pro rata amount totaling, in the aggregate, not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subsection (d)(4)(E)(ii) . (g) Effective date The amendments made by this section take effect beginning on the date that is 180 days after the date of the enactment of this Act. 222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran (a) Findings Subsection (a)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8803 ) is amended by striking and shipbuilding and inserting shipbuilding, automotive, construction, engineering, or mining . (b) Designation of ports, special economic zones, free economic zones, and entities in strategic sectors as entities of proliferation concern Subsection (b) of such section is amended— (1) in the subsection heading, by striking and entities in the energy, shipping, and shipbuilding sectors and inserting , special economic zones, free economic zones, and entities in strategic sectors ; and (2) by striking and entities in the energy, shipping, and shipbuilding sectors and inserting , entities that operate special economic zones or free economic zones, and entities in strategic sectors (as defined in subsection (c)(4)) . (c) Blocking of property of ports, special economic zones, free economic zones, and entities in strategic sectors Subsection (c) of such section is amended— (1) in the subsection heading, by striking entities in energy, shipping, and shipbuilding sectors and inserting ports, special economic zones, free economic zones, and entities in strategic sectors ; (2) in paragraph (2)— (A) by striking the energy, shipping, or shipbuilding sectors each place it appears and inserting a strategic sector (as defined in paragraph (4)(A)) ; and (B) by inserting , special economic zone, or free economic zone after port each place it appears; and (3) by adding at the end the following new paragraphs: (4) Strategic sector defined In this section, the term strategic sector means— (A) the energy, shipping, shipbuilding, automotive, or mining sector of Iran; and (B) the construction or engineering sector of Iran if the President determines and reports to Congress not later than 45 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013 that the construction or engineering sector of Iran, as the case may be, is of strategic importance to Iran. (5) Notification and report relating to strategic sectors (A) Notification The President shall submit to Congress a notification of the designation of a sector as a strategic sector of Iran for purposes of paragraph (4)(C) not later than 30 days after the date on which the President makes such designation. (B) Report Not later than 90 days after the date on which the President submits to Congress a notification of the designation of a sector as a strategic sector of Iran under subparagraph (A), the Comptroller General of the United States shall submit to Congress a report that contains— (i) a review and comment on such designation; and (ii) recommendations regarding the designation of additional sectors as strategic sectors of Iran for purposes of paragraph (4). . (d) Additional sanctions with respect to strategic sectors Subsection (d) of such section is amended— (1) in the subsection heading, by striking the energy, shipping, and shipbuilding sectors and inserting strategic sectors ; and (2) in paragraph (3), by striking the energy, shipping, or shipbuilding sectors and inserting a strategic sector (as defined in subsection (c)(4)(A)) . (e) Exception for Afghanistan reconstruction Subsection (f) of such section is amended— (1) in the matter preceding paragraph (1), by inserting for a period of not more than 1 year, and may renew that exception for additional periods of not more than 1 year after economic development for Afghanistan ; (2) in paragraph (1)— (A) by striking to the extent that and inserting if ; (B) by inserting or the renewal of the exception, as the case may be, after such an exception ; and (C) by striking in the national interest and inserting in the national security interest ; and (3) in paragraph (2)— (A) by inserting or the renewal of the exception, as the case may be, before not later than 15 days ; and (B) by inserting at the end before the period the following: or the renewal of the exception . (f) Conforming amendment Such section is further amended in the section heading by striking the energy, shipping, and shipbuilding sectors and inserting ports, special economic zones, free economic zones, and strategic sectors . (g) Effective date The amendments made by this section— (1) take effect on the date that is 90 days after the date of the enactment of this Act; and (2) (A) with respect to subsection (c) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, as so amended, apply with respect to all transactions in all property and interests in property of any person described in subsection (c)(2) of such section that occur on or after the date that is 180 days after such date of enactment; and (B) (i) with respect to subsection (d)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment; and (ii) with respect to subsection (d)(2) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the conduct or facilitation of a significant financial transaction for the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment. 223. Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran Section 1245 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8804 ) is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: (h) Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran (1) In general Not later than 90 days after the date of the enactment of Nuclear Iran Prevention Act of 2013, and every 90 days thereafter, the President shall submit to the appropriate congressional committees a report on each determination of the President during the preceding 90-day period not to impose sanctions under subsection (a) or (c) with respect to a person who allegedly sells, supplies, or transfers precious metals, directly or indirectly, to or from Iran, together with the reasons for such determination. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary. . 224. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals Section 1247 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 8806) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: (f) Persons owned or controlled by specially designated nationals (1) In general The President shall impose sanctions described in subsection (a) with respect to a foreign financial institution, including but not limited to a foreign central bank, that the President determines has, on or after the date that is 90 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly facilitated a significant financial transaction on behalf of any person determined by the President to be directly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)). (2) Sense of Congress It is the sense of Congress that the President routinely should determine on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013 those persons that are directly or indirectly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)). (3) Consideration of data from other countries and nongovernmental organizations The President shall consider credible data already obtained by other countries and nongovernmental organizations in making determinations described in paragraph (1). . 225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013 Subtitle D of title XII of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 8801 et seq.) is amended— (1) in section 1244— (A) in subsection (c)(1)— (i) by striking (1) Blocking of property .— and all that follows through On and after and inserting (1) Blocking of property .—On and after ; and (ii) by striking subparagraph (B); and (B) in subsection (d)(1)— (i) by striking (1) Sale, supply, or transfer of certain goods and services .— and all that follows through Except as provided and inserting (1) Sale, supply, or transfer of certain goods and services .—Except as provided ; and (ii) by striking subparagraph (B); (2) in section 1245(a)— (A) by striking (a) sale, supply, or transfer of certain materials .— and all that follows through The President and inserting (a) sale, supply, or transfer of certain materials .—The President ; (B) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); (C) in paragraph (3)(B) (as redesignated by subparagraph (B) of this paragraph)— (i) in clause (i), by striking subclause (I) of clause (i) and inserting clause (i) of subparagraph (A) ; (ii) in clause (ii), by striking subclause (II) of that clause and inserting clause (ii) of that subparagraph ; and (iii) in clause (iii), by striking subclause (III) of that clause and inserting clause (iii) of that subparagraph ; and (D) by striking (2) exception .— and all that follows through paragraph (1). ; and (3) in section 1246(a)— (A) by striking (a) imposition of sanctions .— and all that follows through Except as provided and inserting (a) imposition of sanctions .—Except as provided ; (B) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); and (C) by striking (2) exception .— and all that follows through paragraph (1). ; and 226. Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran (a) Modification of federal acquisition regulation Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person under common ownership or control with the person, does not sell goods, services, or technology to, or conduct any other transaction with, Iran for which sanctions may be imposed under this Act. (b) Remedies (1) In general If the head of an executive agency determines that a person has submitted a false certification under subsection (a) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this section becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations. (2) Inclusion on list of parties excluded from federal procurement and nonprocurement programs The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under paragraph (1). (c) Rule of construction This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (a). (d) Waivers (1) In general The President may on a case-by-case basis waive the requirement that a person make a certification under subsection (a) if the President determines and certifies in writing to the congressional committees described in paragraph (2) that it is essential to the national security interests of the United States to do so. (2) Congressional committees described The congressional committees referred to in paragraph (1) are— (A) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Oversight and Government Reform of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate. (e) Definitions In this section: (1) Executive agency The term executive agency has the meaning given that term in section 133 of title 41, United States Code. (2) Federal Acquisition Regulation The term Federal Acquisition Regulation means the regulation issued pursuant to section 1303(a)(1) of title 41, United States Code. (f) Applicability The revisions to the Federal Acquisition Regulation required under subsection (a) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of this Act. 227. Conditions for entry and operation of vessels (a) In general The Ports and Waters Safety Act ( 33 U.S.C. 1221 et seq. ) is amended by adding at the end the following: 16. Prohibition on entry and operation (a) Prohibition (1) In general No foreign vessel described in subsection (b) shall enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States. (2) Limitation on Application Paragraph (1) shall not apply with respect to a vessel described in subsection (b)(2) on and after any date on which the Secretary of State determines that the vessel is no longer registered as described in that subsection. The Secretary of State shall publish a notice of each such determination in the Federal Register. (b) Vessels described A vessel referred to in subsection (a) is a foreign vessel for which a Notice of Arrival is required to be filed under section 160 of title 33, Code of Federal Regulations, as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013, and that— (1) is on a list of vessels published in Federal Register under subsection (c)(2); or (2) more than 180 days after the publication of such a list, is registered, pursuant to the Geneva Convention on the High Seas (13 U.S.T. 2312; TIAS 5200; 450 UNTS 82), by a government the agents or instrumentalities of which are maintaining a registration of a vessel that is included in such list. (c) Information and publication The Secretary of Transportation, in consultation with the Secretary of State, shall— (1) maintain timely information on registrations of all foreign vessels over 300 gross tons that are— (A) owned or operated by or on behalf of— (i) the National Iran Tanker Company or the Islamic Republic of Iran Shipping Line; or (ii) any successor to an entity referred to in clause (i); or (B) otherwise owned or operated by or on behalf of Iran; and (2) publish in the Federal Register a list of vessels described in paragraph (1), including periodic updates of such list. (d) Notification of governments The Secretary of State shall notify each government the agents or instrumentalities of which are maintaining a registration of a foreign vessel that is included on the list published under subsection (c)(2), that all vessels registered under such government’s authority are subject to the prohibition under subsection (a) if more than 180 days after such publication the government continues to maintain a registration for a vessel that is included on the list published under subsection (c)(2). (e) Notification of vessels Upon receiving a Notice of Arrival under section 160 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013) from a vessel described in (b), the Secretary shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States, unless— (1) the Secretary has made a determination described in subsection (a)(2); or (2) the Secretary allows provisional entry of the vessel, or transfer of cargo from the vessel, under subsection (f). (f) Provisional entry or cargo transfer Notwithstanding subsection (e), the Secretary may allow provisional entry of, or transfer of cargo from, a foreign vessel described in subsection (b), if such entry or transfer is necessary for the safety of the vessel or persons aboard. (g) Right of innocent passage This section shall not be construed as authority to restrict the right of innocent passage as recognized under international law. (h) Foreign vessel defined In this section the term foreign vessel has the meaning given that term in section 110 of title 46, United States Code. . (b) Deadline for publication The Secretary shall publish a list under section 16(c)(2) of the Ports and Waterways Safety Act, as amended by this section, by not later than 180 days after the date of the enactment of this Act. (c) Conforming Amendments (1) Section 13(e) of the Ports and Waterways Safety Act ( 33 U.S.C. 1232(e) ) is amended by striking section 9 and inserting sections 9 and 16 . (2) Section 4(b)(2) of the Ports and Waterways Safety Act ( 33 U.S.C. 1223(b)(2) ) is amended by striking section 9 and inserting section 9 or 16 . III Additional authorities to prevent censorship activities in Iran 301. Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the following: (1) The current status of availability of the Islamic Republic of Iran Broadcasting (IRIB) on international satellites, entities that facilitate its operation by providing services or equipment, and the technical means that it engages in jamming. (2) The instances, since January 1, 2012, in which the IRIB engaged in activities that violated Article 19 of the International Covenant on Civil and Political Rights, including broadcasting forced confessions and hate speech against minorities. (3) The instances, since January 1, 2012, in which international broadcasting programs originating from the United States and Europe have been subject to disruption in Iran, with relevant details such as which programs were disrupted, available location information on the origin of the disruption, and the extent of the disruption. (b) Coordination In developing the report required by subsection (a), the Secretary of State shall coordinate with the Broadcasting Board of Governors, the Secretary of the Treasury, and the heads of other relevant Federal departments and agencies. (c) Public availability All unclassified portions of the report required by subsection (a) shall be made publicly available on the Internet web site of the Department of State. 302. List of persons who are high-risk re-exporters of sensitive technologies (a) In general Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Commerce, in conjunction with the Secretary of State and the Secretary of the Treasury, shall make publicly available and update as appropriate a list of persons who are high-risk re-exporters of sensitive technologies in order to seek to ensure that the Government of Iran or an entity owned or controlled by that Government is unable to obtain sensitive technologies through the re-export of such sensitive technologies by third-party intermediaries. (b) Definition In this section, the term sensitive technology has the meaning given that term in section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8515). 303. Sense of Congress on provision of intercept technologies to Iran It is the sense of Congress that— (1) those that provide intercept technologies that limit freedom of speech or expression to the Government of Iran should be held accountable for the repression of the Iranian people; and (2) no person should use an existing contract with the Government of Iran as a justification to continue to supply intercept technologies to the Government of Iran for purposes of restricting the free flow of information. 304. Sense of Congress on availability of consumer communication technologies in Iran It is the sense of Congress that— (1) the Department of State should encourage the free flow of information in Iran to counter the Government of Iran’s repression of its own people; and (2) in order to facilitate the free flow of information in Iran, the Department of State should promote the availability of certain consumer communication technologies to Iranian civil society and the Iranian people. 305. Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate (a) In general Section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8753 ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: (e) Rule of construction The expedited process for the consideration of complete requests for authorization to engage in the activities described in subsection (a) shall be construed to also apply to the transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate, obtain information, and access the Internet and other communications systems. . (b) Effective date The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to requests described in section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012, as so amended, that are submitted to the Office of Foreign Assets Control on or after such date of enactment. IV Reports and other matters 401. National Strategy on Iran (a) National strategy required The President shall develop a strategy, to be known as the National Strategy on Iran , that provides strategic guidance for activities that support the objective of addressing the threats posed by Iran. (b) Annual report Not later than 180 days after the date of the enactment of this Act or January 30, 2014, whichever occurs first, and every January 30 thereafter, the President shall submit to the appropriate congressional committees the National Strategy on Iran required under subsection (a). (c) Matters To be included The report required under subsection (b) shall include, at a minimum, the following: (1) A description of Iran’s grand strategy and security strategy, including strategic objectives, and the security posture and objectives of Iran. (2) A description of the United States strategy to— (A) address and counter the capabilities of Iran’s conventional forces and Iran’s unconventional forces; (B) disrupt and deny Iranian efforts to develop or augment capabilities related to nuclear, unconventional, and missile forces development; (C) address the Government of Iran’s economic strategy to enable the objectives described in this subsection; (D) exploit key vulnerabilities; and (E) combat Iranian efforts to suppress Internet freedom, including actions of the United States to— (i) work to promote expanded Internet access for democracy activists in Iran; (ii) add a public diplomacy page to the United States’ virtual embassy in Iran; and (iii) leverage multilateral organizations committed to Internet connectivity in Iran. (3) An implementation plan for the United States strategy described in paragraph (2). (d) Form The report required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (e) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select Committee on Intelligence of the Senate. 402. Report on Iranian nuclear and economic capabilities (a) In general Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the following: (1) An estimate of the timeline for Iranian capabilities to develop nuclear weapons, including— (A) an estimate of the period of time it would take Iran to produce enough weapons-grade uranium for a single implosion-type nuclear weapon, taking into account all known relevant technical data; (B) an estimate of the period of time it would take Iran to produce sufficient separated plutonium for a single nuclear weapon; (C) a description of the assumptions underlying the estimates referred to in subparagraphs (A) and (B), and any information about developments that might alter or otherwise affect those assumptions; (D) an estimate of the date by which the periods of time referred to in subparagraphs (A) and (B) will be less than 45 days; and (E) a description of any efforts by the United States to increase the frequency of inspections by the International Atomic Energy Agency of nuclear facilities in Iran. (2) An assessment of Iranian strategy and capabilities relating to development of nuclear weapons, including— (A) a summary and analysis of current nuclear weapons capabilities; (B) an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran to develop its nuclear weapons capabilities; (C) a summary of the capabilities of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces; (D) a detailed analysis of the effectiveness of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces as delivery systems for a nuclear device; (E) a description of all efforts of Iran to design and develop a nuclear weapon, including efforts to design or fit warheads, and any other possible military dimensions of the nuclear program of Iran; and (F) an analysis of the procurement network, including the amount and sources of funding expended by Iran on programs to develop a nuclear weapons capability. (3) Projected economic effects of international sanctions on Iran, including— (A) an estimate of the capital accounts, current accounts, and amounts of foreign exchange reserves (including access to foreign exchange reserves) of the Government of Iran, and other leading indicators of the status of the economy of Iran; (B) an estimate of timelines with respect to macroeconomic viability of Iran, including the time by which the Government of Iran will exhaust its foreign exchange reserves; (C) an estimate of the date by which the reserves of the Central Bank of Iran will be insufficient for the Government of Iran to avoid a severe balance of payments crisis that prevents it from maintaining a functioning economy, including— (i) the inflation rate, exchange rates, unemployment rate, and budget deficits in Iran; and (ii) other leading macroeconomic indicators used by the International Monetary Fund, professional rating agencies, and other credible sources to assess the economic health of a country; (D) a description of the assumptions underlying the estimate referred to in paragraph (3) and an indication of how changes in each of those assumptions could affect the estimate; (E) an assessment of the effect of sanctions imposed with respect to Iran on moving forward the date referred to in subparagraph (C); and (F) a description of actions taken by the Government of Iran to delay the date referred to in subparagraph (C). (b) Update The President shall submit to the appropriate congressional committees an update of the report required by subsection (a) every 60 days after the date of submission of the report that includes any pertinent developments to Iranian nuclear or economic capabilities. (c) Form The report required under subsection (a) and the update required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate. (2) Nuclear explosive device The term nuclear explosive device means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). 403. Report on plausibility of expanding sanctions on Iranian oil (a) In general Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report assessing the following: (1) Whether petroleum and petroleum products originating in and exported from Iran are refined and sold outside of Iran. (2) Whether products that contain Iranian-origin petroleum or petroleum products as part of their contents are imported into the United States and, if any such products are imported into the United States, whether such importation violates the ban on importation into the United States of Iranian-origin petroleum or petroleum products. (3) Whether it is feasible to ban the importation into the United States of products described in paragraph (2), regardless of whether the ban on importation into the United States of Iranian-origin petroleum or petroleum products applies to such products. (b) Basis of report The report required under subsection (a) may be based on publicly-available information and classified information. The information that is not classified information shall be made publically available. (c) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate. 404. GAO report on Iranian strategy to evade current sanctions and other matters Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (1) evaluates the strategy of the Government of Iran to evade current economic and financial sanctions; and (2) specifically evaluates the ability of Iran to successfully diversify its economy beyond its energy sector, thereby lessening the impact and effectiveness of economic and financial sanctions. 405. Authority to consolidate reports required under Iran sanctions laws (a) In general Any or all reports required to be submitted to Congress under the provisions of law described in subsection (c) that are subject to a deadline for submission consisting of the same unit of time may be consolidated into a single report that is submitted to Congress pursuant to such deadline. (b) Exception Subsection (a) shall not apply with respect to the initial report of any report described in subsection (a). (c) Provisions of law described The provisions of law referred to in this section are the following: (1) This Act and the amendments made by this Act. (2) The Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 et seq. ). (3) The Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8701 et seq. ). (4) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8501 et seq. ). (d) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to reports required to be submitted to Congress under the provisions of law described in subsection (c) on or after such date of enactment. 406. Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012 (a) Iran Sanctions Act of 1996 Section 14(4)(B) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended by striking may include, in the discretion of the President and inserting includes . (b) Iran Threat Reduction and Syria Human Rights Act of 2012 Section 211 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 ) is amended by adding at the end the following new subsection: (f) Definition In this section, the term appropriate congressional committees includes the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. . 407. Rule of construction Nothing in this Act or any amendment made by this Act shall be construed to apply with respect to— (1) any activity relating to a project described in subsection (a) of section 603 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8783 ) to which the exception under that section applies at the time of the activity; or (2) any authorized intelligence activity of the United States. 408. Implementation; penalties (a) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act and the amendments made by this Act. (b) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any amendment made by this Act or regulations prescribed under this Act to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act (50 U.S.C. 1705(a)). 409. Severability (a) In general If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected. (b) Effective date under section 214 If subsection (d) of section 214 is found to be unconstitutional in accordance with subsection (a), the amendments made by such section 214 take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after such date of enactment.
Passed the House of Representatives July 31, 2013. Karen L. Haas, Clerk |
113-hr-850-rh-dtd | 113-hr-850 | 113 | hr | 850 | rh | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr850rh.xml | BILLS-113hr850rh.xml | 2023-01-07 09:23:01.898 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Reported-in-House" bill-type="olc" dms-id="HE36B02A1E2594CF9BC6BE255F9ECCD90" public-private="public">
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<dublinCore>
<dc:title>
113 HR 850 RH: Nuclear Iran Prevention Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-07-30
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
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IB
</distribution-code>
<calendar display="yes">
Union Calendar No. 128
</calendar>
<congress display="yes">
113th CONGRESS
</congress>
<session display="yes">
1st Session
</session>
<legis-num>
H. R. 850
</legis-num>
<associated-doc display="yes" role="report">
[Report No. 113–177, Part I]
</associated-doc>
<current-chamber display="yes">
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="R000487">
Mr. Royce
</sponsor>
(for himself,
<cosponsor name-id="E000179">
Mr. Engel
</cosponsor>
,
<cosponsor name-id="R000435">
Ms. Ros-Lehtinen
</cosponsor>
,
<cosponsor name-id="D000610">
Mr. Deutch
</cosponsor>
,
<cosponsor name-id="P000592">
Mr. Poe of Texas
</cosponsor>
,
<cosponsor name-id="S000344">
Mr. Sherman
</cosponsor>
,
<cosponsor name-id="C000266">
Mr. Chabot
</cosponsor>
,
<cosponsor name-id="C001078">
Mr. Connolly
</cosponsor>
,
<cosponsor name-id="S000522">
Mr. Smith of New Jersey
</cosponsor>
,
<cosponsor name-id="M001137">
Mr. Meeks
</cosponsor>
,
<cosponsor name-id="W000795">
Mr. Wilson of South Carolina
</cosponsor>
,
<cosponsor name-id="K000375">
Mr. Keating
</cosponsor>
,
<cosponsor name-id="M001157">
Mr. McCaul
</cosponsor>
,
<cosponsor name-id="C001084">
Mr. Cicilline
</cosponsor>
,
<cosponsor name-id="S000018">
Mr. Salmon
</cosponsor>
,
<cosponsor name-id="S001190">
Mr. Schneider
</cosponsor>
,
<cosponsor name-id="D000615">
Mr. Duncan of South Carolina
</cosponsor>
,
<cosponsor name-id="K000379">
Mr. Kennedy
</cosponsor>
,
<cosponsor name-id="K000378">
Mr. Kinzinger of Illinois
</cosponsor>
,
<cosponsor name-id="M001188">
Ms. Meng
</cosponsor>
,
<cosponsor name-id="C001095">
Mr. Cotton
</cosponsor>
,
<cosponsor name-id="F000462">
Ms. Frankel of Florida
</cosponsor>
,
<cosponsor name-id="C001094">
Mr. Cook
</cosponsor>
,
<cosponsor name-id="H001065">
Mr. Holding
</cosponsor>
,
<cosponsor name-id="W000814">
Mr. Weber of Texas
</cosponsor>
,
<cosponsor name-id="P000605">
Mr. Perry
</cosponsor>
,
<cosponsor name-id="R000596">
Mr. Radel
</cosponsor>
,
<cosponsor name-id="C001093">
Mr. Collins of Georgia
</cosponsor>
,
<cosponsor name-id="M001187">
Mr. Meadows
</cosponsor>
,
<cosponsor name-id="M001189">
Mr. Messer
</cosponsor>
,
<cosponsor name-id="M001179">
Mr. Marino
</cosponsor>
,
<cosponsor name-id="S001165">
Mr. Sires
</cosponsor>
,
<cosponsor name-id="H001038">
Mr. Higgins
</cosponsor>
,
<cosponsor name-id="V000130">
Mr. Vargas
</cosponsor>
,
<cosponsor name-id="R000409">
Mr. Rohrabacher
</cosponsor>
,
<cosponsor name-id="L000579">
Mr. Lowenthal
</cosponsor>
,
<cosponsor name-id="S000937">
Mr. Stockman
</cosponsor>
, and
<cosponsor name-id="G000571">
Ms. Gabbard
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name added-display-style="italic" committee-id="HFA00" deleted-display-style="strikethrough">
Committee on Foreign Affairs
</committee-name>
, and in addition to the Committees on the
<committee-name committee-id="HJU00">
Judiciary
</committee-name>
,
<committee-name committee-id="HBA00">
Financial Services
</committee-name>
,
<committee-name committee-id="HGO00">
Oversight and Government Reform
</committee-name>
, and
<committee-name committee-id="HWM00">
Ways and Means
</committee-name>
, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
</action-desc>
</action>
<action>
<action-date date="20130730">
July 30, 2013
</action-date>
<action-desc>
Additional sponsors:
<cosponsor name-id="B001257">
Mr. Bilirakis
</cosponsor>
,
<cosponsor name-id="K000210">
Mr. King of New York
</cosponsor>
,
<cosponsor name-id="S001162">
Ms. Schwartz
</cosponsor>
,
<cosponsor name-id="J000174">
Mr. Sam Johnson of Texas
</cosponsor>
,
<cosponsor name-id="W000796">
Mr. Westmoreland
</cosponsor>
,
<cosponsor name-id="M001191">
Mr. Murphy of Florida
</cosponsor>
,
<cosponsor name-id="V000081">
Ms. Velázquez
</cosponsor>
,
<cosponsor name-id="S001150">
Mr. Schiff
</cosponsor>
,
<cosponsor name-id="S001179">
Mr. Schock
</cosponsor>
,
<cosponsor name-id="R000593">
Mr. Ross
</cosponsor>
,
<cosponsor name-id="Y000065">
Mr. Yoho
</cosponsor>
,
<cosponsor name-id="T000470">
Mr. Tipton
</cosponsor>
,
<cosponsor name-id="T000468">
Ms. Titus
</cosponsor>
,
<cosponsor name-id="B000013">
Mr. Bachus
</cosponsor>
,
<cosponsor name-id="H001058">
Mr. Huizenga of Michigan
</cosponsor>
,
<cosponsor name-id="M001151">
Mr. Murphy of Pennsylvania
</cosponsor>
,
<cosponsor name-id="R000580">
Mr. Roskam
</cosponsor>
,
<cosponsor name-id="F000372">
Mr. Frelinghuysen
</cosponsor>
,
<cosponsor name-id="S001183">
Mr. Schweikert
</cosponsor>
,
<cosponsor name-id="N000182">
Mr. Neugebauer
</cosponsor>
,
<cosponsor name-id="L000576">
Mr. Long
</cosponsor>
,
<cosponsor name-id="S001187">
Mr. Stivers
</cosponsor>
,
<cosponsor name-id="H001063">
Ms. Hahn
</cosponsor>
,
<cosponsor name-id="W000791">
Mr. Walden
</cosponsor>
,
<cosponsor name-id="G000548">
Mr. Garrett
</cosponsor>
,
<cosponsor name-id="W000798">
Mr. Walberg
</cosponsor>
,
<cosponsor name-id="W000215">
Mr. Waxman
</cosponsor>
,
<cosponsor name-id="Q000023">
Mr. Quigley
</cosponsor>
,
<cosponsor name-id="F000448">
Mr. Franks of Arizona
</cosponsor>
,
<cosponsor name-id="B001270">
Ms. Bass
</cosponsor>
,
<cosponsor name-id="D000600">
Mr. Diaz-Balart
</cosponsor>
,
<cosponsor name-id="F000458">
Mr. Fincher
</cosponsor>
,
<cosponsor name-id="H001059">
Mr. Hultgren
</cosponsor>
,
<cosponsor name-id="P000588">
Mr. Pearce
</cosponsor>
,
<cosponsor name-id="B001248">
Mr. Burgess
</cosponsor>
,
<cosponsor name-id="R000597">
Mr. Rice of South Carolina
</cosponsor>
,
<cosponsor name-id="B001227">
Mr. Brady of Pennsylvania
</cosponsor>
,
<cosponsor name-id="M000133">
Mr. Markey
</cosponsor>
,
<cosponsor name-id="B001282">
Mr. Barr
</cosponsor>
,
<cosponsor name-id="M001150">
Mrs. Miller of Michigan
</cosponsor>
,
<cosponsor name-id="L000569">
Mr. Luetkemeyer
</cosponsor>
,
<cosponsor name-id="M001158">
Mr. Marchant
</cosponsor>
,
<cosponsor name-id="G000569">
Mr. Grimm
</cosponsor>
,
<cosponsor name-id="C001064">
Mr. Campbell
</cosponsor>
,
<cosponsor name-id="H001036">
Mr. Hensarling
</cosponsor>
,
<cosponsor name-id="S001193">
Mr. Swalwell of California
</cosponsor>
,
<cosponsor name-id="R000577">
Mr. Ryan of Ohio
</cosponsor>
,
<cosponsor name-id="R000582">
Mr. Roe of Tennessee
</cosponsor>
,
<cosponsor name-id="H001055">
Mr. Heck of Nevada
</cosponsor>
,
<cosponsor name-id="W000816">
Mr. Williams
</cosponsor>
,
<cosponsor name-id="D000619">
Mr. Rodney Davis of Illinois
</cosponsor>
,
<cosponsor name-id="R000587">
Mr. Ribble
</cosponsor>
,
<cosponsor name-id="S001175">
Ms. Speier
</cosponsor>
,
<cosponsor name-id="Y000031">
Mr. Young of Florida
</cosponsor>
,
<cosponsor name-id="H001053">
Mrs. Hartzler
</cosponsor>
,
<cosponsor name-id="S000244">
Mr. Sensenbrenner
</cosponsor>
,
<cosponsor name-id="M001181">
Mr. Meehan
</cosponsor>
,
<cosponsor name-id="M001144">
Mr. Miller of Florida
</cosponsor>
,
<cosponsor name-id="L000566">
Mr. Latta
</cosponsor>
,
<cosponsor name-id="B001260">
Mr. Buchanan
</cosponsor>
,
<cosponsor name-id="Y000063">
Mr. Yoder
</cosponsor>
,
<cosponsor name-id="N000185">
Mr. Nugent
</cosponsor>
,
<cosponsor name-id="B001283">
Mr. Bridenstine
</cosponsor>
,
<cosponsor name-id="G000410">
Mr. Gene Green of Texas
</cosponsor>
,
<cosponsor name-id="G000553">
Mr. Al Green of Texas
</cosponsor>
,
<cosponsor name-id="S001168">
Mr. Sarbanes
</cosponsor>
,
<cosponsor name-id="A000210">
Mr. Andrews
</cosponsor>
,
<cosponsor name-id="L000554">
Mr. LoBiondo
</cosponsor>
,
<cosponsor name-id="M001149">
Mr. Michaud
</cosponsor>
,
<cosponsor name-id="C001066">
Ms. Castor of Florida
</cosponsor>
,
<cosponsor name-id="C001077">
Mr. Coffman
</cosponsor>
,
<cosponsor name-id="S001157">
Mr. David Scott of Georgia
</cosponsor>
,
<cosponsor name-id="F000459">
Mr. Fleischmann
</cosponsor>
,
<cosponsor name-id="C001059">
Mr. Costa
</cosponsor>
,
<cosponsor name-id="S001145">
Ms. Schakowsky
</cosponsor>
,
<cosponsor name-id="C001076">
Mr. Chaffetz
</cosponsor>
,
<cosponsor name-id="B001250">
Mr. Bishop of Utah
</cosponsor>
,
<cosponsor name-id="C001048">
Mr. Culberson
</cosponsor>
,
<cosponsor name-id="L000559">
Mr. Langevin
</cosponsor>
,
<cosponsor name-id="K000220">
Mr. Kingston
</cosponsor>
,
<cosponsor name-id="E000291">
Mrs. Ellmers
</cosponsor>
,
<cosponsor name-id="B001244">
Mr. Bonner
</cosponsor>
,
<cosponsor name-id="P000599">
Mr. Posey
</cosponsor>
,
<cosponsor name-id="C001092">
Mr. Collins of New York
</cosponsor>
,
<cosponsor name-id="S001191">
Ms. Sinema
</cosponsor>
,
<cosponsor name-id="O000168">
Mr. Olson
</cosponsor>
,
<cosponsor name-id="A000055">
Mr. Aderholt
</cosponsor>
,
<cosponsor name-id="O000169">
Mr. Owens
</cosponsor>
,
<cosponsor name-id="G000289">
Mr. Goodlatte
</cosponsor>
,
<cosponsor name-id="B001259">
Mr. Braley of Iowa
</cosponsor>
,
<cosponsor name-id="H001050">
Ms. Hanabusa
</cosponsor>
,
<cosponsor name-id="P000096">
Mr. Pascrell
</cosponsor>
,
<cosponsor name-id="T000472">
Mr. Takano
</cosponsor>
,
<cosponsor name-id="M001142">
Mr. Matheson
</cosponsor>
,
<cosponsor name-id="B001279">
Mr. Barber
</cosponsor>
,
<cosponsor name-id="L000480">
Mrs. Lowey
</cosponsor>
,
<cosponsor name-id="R000599">
Mr. Ruiz
</cosponsor>
,
<cosponsor name-id="H000324">
Mr. Hastings of Florida
</cosponsor>
,
<cosponsor name-id="G000567">
Mr. Griffin of Arkansas
</cosponsor>
,
<cosponsor name-id="M001190">
Mr. Mullin
</cosponsor>
,
<cosponsor name-id="L000563">
Mr. Lipinski
</cosponsor>
,
<cosponsor name-id="P000602">
Mr. Pompeo
</cosponsor>
,
<cosponsor name-id="R000592">
Mr. Rokita
</cosponsor>
,
<cosponsor name-id="M001182">
Mr. Mulvaney
</cosponsor>
,
<cosponsor name-id="P000606">
Mr. Pittenger
</cosponsor>
,
<cosponsor name-id="M001180">
Mr. McKinley
</cosponsor>
,
<cosponsor name-id="Y000064">
Mr. Young of Indiana
</cosponsor>
,
<cosponsor name-id="M001171">
Mr. Maffei
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,
<cosponsor name-id="M000508">
Mr. McKeon
</cosponsor>
,
<cosponsor name-id="P000594">
Mr. Paulsen
</cosponsor>
,
<cosponsor name-id="B000490">
Mr. Bishop of Georgia
</cosponsor>
,
<cosponsor name-id="M001166">
Mr. McNerney
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,
<cosponsor name-id="K000368">
Mrs. Kirkpatrick
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,
<cosponsor name-id="A000369">
Mr. Amodei
</cosponsor>
,
<cosponsor name-id="U000031">
Mr. Upton
</cosponsor>
,
<cosponsor name-id="P000595">
Mr. Peters of Michigan
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,
<cosponsor name-id="W000812">
Mrs. Wagner
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,
<cosponsor name-id="R000591">
Mrs. Roby
</cosponsor>
,
<cosponsor name-id="M001156">
Mr. McHenry
</cosponsor>
,
<cosponsor name-id="S000583">
Mr. Smith of Texas
</cosponsor>
,
<cosponsor name-id="M001185">
Mr. Sean Patrick Maloney of New York
</cosponsor>
,
<cosponsor name-id="C001087">
Mr. Crawford
</cosponsor>
,
<cosponsor name-id="H001052">
Mr. Harris
</cosponsor>
,
<cosponsor name-id="T000462">
Mr. Tiberi
</cosponsor>
,
<cosponsor name-id="P000608">
Mr. Peters of California
</cosponsor>
,
<cosponsor name-id="F000450">
Ms. Foxx
</cosponsor>
,
<cosponsor name-id="C001080">
Ms. Chu
</cosponsor>
,
<cosponsor name-id="B001280">
Mr. Bentivolio
</cosponsor>
,
<cosponsor name-id="C001075">
Mr. Cassidy
</cosponsor>
,
<cosponsor name-id="D000618">
Mr. Daines
</cosponsor>
,
<cosponsor name-id="V000131">
Mr. Veasey
</cosponsor>
,
<cosponsor name-id="Y000033">
Mr. Young of Alaska
</cosponsor>
,
<cosponsor name-id="D000620">
Mr. Delaney
</cosponsor>
,
<cosponsor name-id="G000563">
Mr. Gibbs
</cosponsor>
,
<cosponsor name-id="H001060">
Mr. Hurt
</cosponsor>
,
<cosponsor name-id="B001274">
Mr. Brooks of Alabama
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,
<cosponsor name-id="W000806">
Mr. Webster of Florida
</cosponsor>
,
<cosponsor name-id="L000111">
Mr. Latham
</cosponsor>
,
<cosponsor name-id="R000586">
Mr. Renacci
</cosponsor>
,
<cosponsor name-id="R000585">
Mr. Reed
</cosponsor>
,
<cosponsor name-id="F000445">
Mr. Forbes
</cosponsor>
,
<cosponsor name-id="F000451">
Mr. Fitzpatrick
</cosponsor>
,
<cosponsor name-id="L000567">
Mr. Lance
</cosponsor>
,
<cosponsor name-id="W000809">
Mr. Womack
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,
<cosponsor name-id="S001180">
Mr. Schrader
</cosponsor>
,
<cosponsor name-id="V000128">
Mr. Van Hollen
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,
<cosponsor name-id="M000689">
Mr. Mica
</cosponsor>
,
<cosponsor name-id="M000087">
Mrs. Carolyn B. Maloney of New York
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,
<cosponsor name-id="C001038">
Mr. Crowley
</cosponsor>
,
<cosponsor name-id="S000030">
Ms. Loretta Sanchez of California
</cosponsor>
,
<cosponsor name-id="J000294">
Mr. Jeffries
</cosponsor>
,
<cosponsor name-id="H001048">
Mr. Hunter
</cosponsor>
,
<cosponsor name-id="D000622">
Ms. Duckworth
</cosponsor>
,
<cosponsor name-id="G000546">
Mr. Graves of Missouri
</cosponsor>
,
<cosponsor name-id="W000810">
Mr. Woodall
</cosponsor>
,
<cosponsor name-id="M000309">
Mrs. McCarthy of New York
</cosponsor>
,
<cosponsor name-id="B001284">
Mrs. Brooks of Indiana
</cosponsor>
,
<cosponsor name-id="R000589">
Mr. Rigell
</cosponsor>
,
<cosponsor name-id="K000376">
Mr. Kelly of Pennsylvania
</cosponsor>
,
<cosponsor name-id="S001176">
Mr. Scalise
</cosponsor>
,
<cosponsor name-id="C001047">
Mrs. Capito
</cosponsor>
,
<cosponsor name-id="D000612">
Mr. Denham
</cosponsor>
,
<cosponsor name-id="V000129">
Mr. Valadao
</cosponsor>
,
<cosponsor name-id="S001186">
Mr. Southerland
</cosponsor>
,
<cosponsor name-id="W000815">
Mr. Wenstrup
</cosponsor>
,
<cosponsor name-id="B001242">
Mr. Bishop of New York
</cosponsor>
,
<cosponsor name-id="J000290">
Ms. Jenkins
</cosponsor>
,
<cosponsor name-id="W000672">
Mr. Wolf
</cosponsor>
,
<cosponsor name-id="L000564">
Mr. Lamborn
</cosponsor>
,
<cosponsor name-id="H001066">
Mr. Horsford
</cosponsor>
,
<cosponsor name-id="F000461">
Mr. Flores
</cosponsor>
,
<cosponsor name-id="R000594">
Mr. Runyan
</cosponsor>
,
<cosponsor name-id="C000556">
Mr. Coble
</cosponsor>
,
<cosponsor name-id="C001090">
Mr. Cartwright
</cosponsor>
,
<cosponsor name-id="B001273">
Mrs. Black
</cosponsor>
,
<cosponsor name-id="R000588">
Mr. Richmond
</cosponsor>
,
<cosponsor name-id="C001045">
Mr. Crenshaw
</cosponsor>
,
<cosponsor name-id="V000132">
Mr. Vela
</cosponsor>
,
<cosponsor name-id="D000621">
Mr. DeSantis
</cosponsor>
,
<cosponsor name-id="C001061">
Mr. Cleaver
</cosponsor>
,
<cosponsor name-id="I000057">
Mr. Israel
</cosponsor>
,
<cosponsor name-id="L000571">
Mrs. Lummis
</cosponsor>
,
<cosponsor name-id="D000598">
Mrs. Davis of California
</cosponsor>
,
<cosponsor name-id="H001047">
Mr. Himes
</cosponsor>
,
<cosponsor name-id="R000578">
Mr. Reichert
</cosponsor>
,
<cosponsor name-id="G000565">
Mr. Gosar
</cosponsor>
,
<cosponsor name-id="D000614">
Mr. Duffy
</cosponsor>
,
<cosponsor name-id="J000295">
Mr. Joyce
</cosponsor>
,
<cosponsor name-id="M001139">
Mr. Gary G. Miller of California
</cosponsor>
,
<cosponsor name-id="N000186">
Mr. Nunnelee
</cosponsor>
,
<cosponsor name-id="M001177">
Mr. McClintock
</cosponsor>
,
<cosponsor name-id="C001051">
Mr. Carter
</cosponsor>
,
<cosponsor name-id="B001287">
Mr. Bera of California
</cosponsor>
,
<cosponsor name-id="B001285">
Ms. Brownley of California
</cosponsor>
,
<cosponsor name-id="B001252">
Mr. Barrow of Georgia
</cosponsor>
,
<cosponsor name-id="B001269">
Mr. Barletta
</cosponsor>
,
<cosponsor name-id="G000564">
Mr. Gibson
</cosponsor>
,
<cosponsor name-id="D000616">
Mr. DesJarlais
</cosponsor>
,
<cosponsor name-id="L000560">
Mr. Larsen of Washington
</cosponsor>
,
<cosponsor name-id="W000813">
Mrs. Walorski
</cosponsor>
,
<cosponsor name-id="F000456">
Mr. Fleming
</cosponsor>
,
<cosponsor name-id="L000570">
Mr. Ben Ray Luján of New Mexico
</cosponsor>
,
<cosponsor name-id="M001163">
Ms. Matsui
</cosponsor>
,
<cosponsor name-id="K000362">
Mr. King of Iowa
</cosponsor>
,
<cosponsor name-id="W000413">
Mr. Whitfield
</cosponsor>
,
<cosponsor name-id="L000578">
Mr. LaMalfa
</cosponsor>
,
<cosponsor name-id="E000292">
Mr. Enyart
</cosponsor>
,
<cosponsor name-id="G000535">
Mr. Gutiérrez
</cosponsor>
,
<cosponsor name-id="B001286">
Mrs. Bustos
</cosponsor>
,
<cosponsor name-id="K000381">
Mr. Kilmer
</cosponsor>
,
<cosponsor name-id="W000797">
Ms. Wasserman Schultz
</cosponsor>
,
<cosponsor name-id="B001278">
Ms. Bonamici
</cosponsor>
,
<cosponsor name-id="K000363">
Mr. Kline
</cosponsor>
,
<cosponsor name-id="H001056">
Ms. Herrera Beutler
</cosponsor>
,
<cosponsor name-id="L000557">
Mr. Larson of Connecticut
</cosponsor>
,
<cosponsor name-id="H001064">
Mr. Heck of Washington
</cosponsor>
,
<cosponsor name-id="P000373">
Mr. Pitts
</cosponsor>
,
<cosponsor name-id="G000562">
Mr. Gardner
</cosponsor>
,
<cosponsor name-id="C001053">
Mr. Cole
</cosponsor>
,
<cosponsor name-id="G000550">
Mr. Gingrey of Georgia
</cosponsor>
,
<cosponsor name-id="B001262">
Mr. Broun of Georgia
</cosponsor>
,
<cosponsor name-id="E000215">
Ms. Eshoo
</cosponsor>
,
<cosponsor name-id="P000591">
Mr. Price of Georgia
</cosponsor>
,
<cosponsor name-id="I000056">
Mr. Issa
</cosponsor>
,
<cosponsor name-id="P000034">
Mr. Pallone
</cosponsor>
,
<cosponsor name-id="C001083">
Mr. Carney
</cosponsor>
,
<cosponsor name-id="P000601">
Mr. Palazzo
</cosponsor>
,
<cosponsor name-id="G000558">
Mr. Guthrie
</cosponsor>
,
<cosponsor name-id="S000250">
Mr. Sessions
</cosponsor>
,
<cosponsor name-id="G000573">
Mr. Garcia
</cosponsor>
,
<cosponsor name-id="W000808">
Ms. Wilson of Florida
</cosponsor>
,
<cosponsor name-id="B000911">
Ms. Brown of Florida
</cosponsor>
,
<cosponsor name-id="L000491">
Mr. Lucas
</cosponsor>
,
<cosponsor name-id="C001068">
Mr. Cohen
</cosponsor>
,
<cosponsor name-id="S001156">
Ms. Linda T. Sánchez of California
</cosponsor>
,
<cosponsor name-id="H001045">
Mr. Harper
</cosponsor>
,
<cosponsor name-id="G000559">
Mr. Garamendi
</cosponsor>
,
<cosponsor name-id="P000265">
Mr. Petri
</cosponsor>
,
<cosponsor name-id="A000361">
Mr. Alexander
</cosponsor>
,
<cosponsor name-id="R000598">
Mr. Rothfus
</cosponsor>
,
<cosponsor name-id="P000593">
Mr. Perlmutter
</cosponsor>
,
<cosponsor name-id="D000216">
Ms. DeLauro
</cosponsor>
,
<cosponsor name-id="H000874">
Mr. Hoyer
</cosponsor>
,
<cosponsor name-id="G000560">
Mr. Graves of Georgia
</cosponsor>
,
<cosponsor name-id="H001067">
Mr. Hudson
</cosponsor>
,
<cosponsor name-id="S001192">
Mr. Stewart
</cosponsor>
,
<cosponsor name-id="J000292">
Mr. Johnson of Ohio
</cosponsor>
,
<cosponsor name-id="R000395">
Mr. Rogers of Kentucky
</cosponsor>
,
<cosponsor name-id="F000043">
Mr. Fattah
</cosponsor>
,
<cosponsor name-id="F000454">
Mr. Foster
</cosponsor>
,
<cosponsor name-id="R000570">
Mr. Ryan of Wisconsin
</cosponsor>
,
<cosponsor name-id="G000549">
Mr. Gerlach
</cosponsor>
,
<cosponsor name-id="N000002">
Mr. Nadler
</cosponsor>
,
<cosponsor name-id="B001255">
Mr. Boustany
</cosponsor>
,
<cosponsor name-id="C001097">
Mr. Cárdenas
</cosponsor>
,
<cosponsor name-id="B000755">
Mr. Brady of Texas
</cosponsor>
,
<cosponsor name-id="D000617">
Ms. DelBene
</cosponsor>
,
<cosponsor name-id="S000510">
Mr. Smith of Washington
</cosponsor>
,
<cosponsor name-id="F000455">
Ms. Fudge
</cosponsor>
,
<cosponsor name-id="C001062">
Mr. Conaway
</cosponsor>
,
<cosponsor name-id="S001188">
Mr. Stutzman
</cosponsor>
,
<cosponsor name-id="C000059">
Mr. Calvert
</cosponsor>
,
<cosponsor name-id="R000486">
Ms. Roybal-Allard
</cosponsor>
,
<cosponsor name-id="E000293">
Ms. Esty
</cosponsor>
,
<cosponsor name-id="H001051">
Mr. Hanna
</cosponsor>
,
<cosponsor name-id="M001159">
Mrs. McMorris Rodgers
</cosponsor>
,
<cosponsor name-id="H000329">
Mr. Hastings of Washington
</cosponsor>
,
<cosponsor name-id="S001189">
Mr. Austin Scott of Georgia
</cosponsor>
,
<cosponsor name-id="H001034">
Mr. Honda
</cosponsor>
,
<cosponsor name-id="L000565">
Mr. Loebsack
</cosponsor>
,
<cosponsor name-id="S000480">
Ms. Slaughter
</cosponsor>
,
<cosponsor name-id="J000289">
Mr. Jordan
</cosponsor>
,
<cosponsor name-id="T000459">
Mr. Terry
</cosponsor>
,
<cosponsor name-id="P000598">
Mr. Polis
</cosponsor>
,
<cosponsor name-id="P000099">
Mr. Pastor of Arizona
</cosponsor>
,
<cosponsor name-id="R000575">
Mr. Rogers of Alabama
</cosponsor>
,
<cosponsor name-id="H000636">
Mr. Hinojosa
</cosponsor>
,
<cosponsor name-id="G000568">
Mr. Griffith of Virginia
</cosponsor>
,
<cosponsor name-id="B001271">
Mr. Benishek
</cosponsor>
,
<cosponsor name-id="B000213">
Mr. Barton
</cosponsor>
,
<cosponsor name-id="K000188">
Mr. Kind
</cosponsor>
,
<cosponsor name-id="P000604">
Mr. Payne
</cosponsor>
,
<cosponsor name-id="B001275">
Mr. Bucshon
</cosponsor>
,
<cosponsor name-id="S001185">
Ms. Sewell of Alabama
</cosponsor>
,
<cosponsor name-id="B001281">
Mrs. Beatty
</cosponsor>
,
<cosponsor name-id="C001096">
Mr. Cramer
</cosponsor>
,
<cosponsor name-id="L000263">
Mr. Levin
</cosponsor>
,
<cosponsor name-id="H001057">
Mr. Huelskamp
</cosponsor>
,
<cosponsor name-id="M000485">
Mr. McIntyre
</cosponsor>
,
<cosponsor name-id="S001172">
Mr. Smith of Nebraska
</cosponsor>
,
<cosponsor name-id="L000575">
Mr. Lankford
</cosponsor>
,
<cosponsor name-id="T000460">
Mr. Thompson of California
</cosponsor>
,
<cosponsor name-id="G000556">
Mr. Grayson
</cosponsor>
,
<cosponsor name-id="G000566">
Mr. Gowdy
</cosponsor>
,
<cosponsor name-id="R000053">
Mr. Rangel
</cosponsor>
,
<cosponsor name-id="H001032">
Mr. Holt
</cosponsor>
,
<cosponsor name-id="H001068">
Mr. Huffman
</cosponsor>
,
<cosponsor name-id="R000583">
Mr. Rooney
</cosponsor>
,
<cosponsor name-id="N000184">
Mrs. Noem
</cosponsor>
,
<cosponsor name-id="C001063">
Mr. Cuellar
</cosponsor>
,
<cosponsor name-id="B001256">
Mrs. Bachmann
</cosponsor>
,
<cosponsor name-id="T000467">
Mr. Thompson of Pennsylvania
</cosponsor>
,
<cosponsor name-id="S000185">
Mr. Scott of Virginia
</cosponsor>
,
<cosponsor name-id="L000287">
Mr. Lewis
</cosponsor>
,
<cosponsor name-id="C001091">
Mr. Castro of Texas
</cosponsor>
,
<cosponsor name-id="B001251">
Mr. Butterfield
</cosponsor>
,
<cosponsor name-id="C001069">
Mr. Courtney
</cosponsor>
,
<cosponsor name-id="T000193">
Mr. Thompson of Mississippi
</cosponsor>
,
<cosponsor name-id="D000197">
Ms. DeGette
</cosponsor>
,
<cosponsor name-id="C000754">
Mr. Cooper
</cosponsor>
,
<cosponsor name-id="L000397">
Ms. Lofgren
</cosponsor>
,
<cosponsor name-id="S001170">
Ms. Shea-Porter
</cosponsor>
,
<cosponsor name-id="J000032">
Ms. Jackson Lee
</cosponsor>
,
<cosponsor name-id="J000288">
Mr. Johnson of Georgia
</cosponsor>
,
<cosponsor name-id="S000364">
Mr. Shimkus
</cosponsor>
,
<cosponsor name-id="Y000062">
Mr. Yarmuth
</cosponsor>
,
<cosponsor name-id="F000449">
Mr. Fortenberry
</cosponsor>
,
<cosponsor name-id="T000463">
Mr. Turner
</cosponsor>
,
<cosponsor name-id="B001243">
Mrs. Blackburn
</cosponsor>
,
<cosponsor name-id="W000804">
Mr. Wittman
</cosponsor>
,
<cosponsor name-id="T000469">
Mr. Tonko
</cosponsor>
,
<cosponsor name-id="N000015">
Mr. Neal
</cosponsor>
,
<cosponsor name-id="K000385">
Ms. Kelly of Illinois
</cosponsor>
,
<cosponsor name-id="S001195">
Mr. Smith of Missouri
</cosponsor>
,
<cosponsor name-id="D000482">
Mr. Doyle
</cosponsor>
,
<cosponsor name-id="K000382">
Ms. Kuster
</cosponsor>
,
<cosponsor name-id="N000127">
Mr. Nolan
</cosponsor>
,
<cosponsor name-id="G000572">
Mr. Gallego
</cosponsor>
,
<cosponsor name-id="R000011">
Mr. Rahall
</cosponsor>
,
<cosponsor name-id="R000576">
Mr. Ruppersberger
</cosponsor>
,
<cosponsor name-id="D000604">
Mr. Dent
</cosponsor>
,
<cosponsor name-id="G000377">
Ms. Granger
</cosponsor>
,
<cosponsor name-id="S001154">
Mr. Shuster
</cosponsor>
,
<cosponsor name-id="W000799">
Mr. Walz
</cosponsor>
,
<cosponsor name-id="L000580">
Ms. Michelle Lujan Grisham of New Mexico
</cosponsor>
,
<cosponsor name-id="T000465">
Ms. Tsongas
</cosponsor>
,
<cosponsor name-id="M001165">
Mr. McCarthy of California
</cosponsor>
,
<cosponsor name-id="N000179">
Mrs. Napolitano
</cosponsor>
,
<cosponsor name-id="P000607">
Mr. Pocan
</cosponsor>
,
<cosponsor name-id="S001148">
Mr. Simpson
</cosponsor>
, and
<cosponsor name-id="D000096">
Mr. Danny K. Davis of Illinois
</cosponsor>
</action-desc>
</action>
<action>
<action-date date="20130730">
July 30, 2013
</action-date>
<action-desc>
Reported from the
<committee-name added-display-style="italic" committee-id="HFA00" deleted-display-style="strikethrough">
Committee on Foreign Affairs
</committee-name>
with an amendment
</action-desc>
<action-instruction>
Strike out all after the enacting clause and insert the part printed in italic
</action-instruction>
</action>
<action>
<action-date date="20130730">
July 30, 2013
</action-date>
<action-desc>
The Committees on
<committee-name committee-id="HJU00">
the Judiciary
</committee-name>
,
<committee-name committee-id="HBA00">
Financial Services
</committee-name>
,
<committee-name committee-id="HGO00">
Oversight and Government Reform
</committee-name>
, and
<committee-name committee-id="HWM00">
Ways and Means
</committee-name>
discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
</action-desc>
<action-instruction>
For text of introduced bill, see copy of bill as introduced on February 27, 2013
</action-instruction>
</action>
<action>
<action-desc>
<pagebreak/>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title display="yes">
To impose additional human rights and economic and financial sanctions with respect to Iran, and for other purposes.
<pagebreak/>
</official-title>
</form>
<legis-body changed="added" committee-id="HFA00" display-enacting-clause="yes-display-enacting-clause" id="HBA87688BAFDE40CAA5F6484757F4D8E8" reported-display-style="italic" style="OLC">
<section id="H651545DD9FA74204A423BD410A10A400" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title and table of contents
</header>
<subsection id="H6DFB1F5C7EB44C1688F0F19A7CE2E3B9">
<enum>
(a)
</enum>
<header>
Short title
</header>
<text display-inline="yes-display-inline">
This Act may be cited as the
<quote>
<short-title>
Nuclear Iran Prevention Act of 2013
</short-title>
</quote>
.
</text>
</subsection>
<subsection id="HF1D394A620A54900B25F97AC0E221771">
<enum>
(b)
</enum>
<header>
Table of contents
</header>
<text display-inline="yes-display-inline">
The table of contents for this Act is as follows:
</text>
<toc container-level="legis-body-container" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H651545DD9FA74204A423BD410A10A400" level="section">
Sec. 1. Short title and table of contents.
</toc-entry>
<toc-entry idref="H5AD7A2C39E894966B782F3A19B9E3FDF" level="section">
Sec. 2. Findings and statement of policy.
</toc-entry>
<toc-entry idref="H0F02406CD95E4E208BC1C11F8B362CE8" level="title">
Title I—Human rights and terrorism sanctions
</toc-entry>
<toc-entry idref="HE5AFBF6403CE4EF19FBDE503EA44F23B" level="section">
Sec. 101. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran.
</toc-entry>
<toc-entry idref="HB57922A163A946129B440BB8E8E70472" level="section">
Sec. 102. Prevention of diversion of certain goods, services and technologies to Iran.
</toc-entry>
<toc-entry idref="H9C6251693A6146B49935E9550AD2661A" level="section">
Sec. 103. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization.
</toc-entry>
<toc-entry idref="H9F0B144B413C40C5ADEFDB103B59598B" level="section">
Sec. 104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran.
</toc-entry>
<toc-entry idref="HBA043CAA71A249CBBECEE2C985818199" level="section">
Sec. 105. Sense of Congress on elections in Iran.
</toc-entry>
<toc-entry idref="H7A9B77A2FD3D475F8BB2C240AD8303B7" level="section">
Sec. 106. Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran.
</toc-entry>
<toc-entry idref="H4E3ABEF4B871452F98EC92121D21567C" level="title">
Title II—Economic and financial sanctions
</toc-entry>
<toc-entry idref="H777D124BD6894EE6B6CFD724CE129DDE" level="subtitle">
Subtitle A—Amendments to Iran Sanctions Act of 1996
</toc-entry>
<toc-entry idref="HF9BE76AC73AD410EB5621317C40FCF68" level="section">
Sec. 201. Imposition of sanctions relating to transportation of crude oil from Iran and certain imports and exports to and from Iran.
</toc-entry>
<toc-entry idref="HCF20254794F84B889B5F96CF9F8F494D" level="section">
Sec. 202. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium.
</toc-entry>
<toc-entry idref="H81FFE976025047008A83BD5DDFE6A19A" level="section">
Sec. 203. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities.
</toc-entry>
<toc-entry idref="H366EB654CCED4AF085EC2CB4682693AC" level="subtitle">
Subtitle B—Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012
</toc-entry>
<toc-entry idref="HE6B9C56F0E43456C96AA6B77DB0C6EBB" level="section">
Sec. 211. Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran.
</toc-entry>
<toc-entry idref="HB4A7236C2A004666BA071484D68C675A" level="section">
Sec. 212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors.
</toc-entry>
<toc-entry idref="H8D2B2EFC18C24A7EA4B4B30DE36CB42D" level="section">
Sec. 213. Sense of Congress regarding the European Central Bank.
</toc-entry>
<toc-entry idref="H02CAFE76A91747FA92EAFDA1844FDCA8" level="section">
Sec. 214. Imposition of sanctions with respect to certain transactions in foreign currencies.
</toc-entry>
<toc-entry idref="H6D359EA8A0B34F1B8A272B935E3A048E" level="section">
Sec. 215. Sanctions with respect to certain transactions with Iran.
</toc-entry>
<toc-entry idref="H3ED072B4BF944DF09ADE15B1BEBBED83" level="subtitle">
Subtitle C—Other matters
</toc-entry>
<toc-entry idref="H4E38985F0AA04D33A9860C7175507FE6" level="section">
Sec. 221. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions.
</toc-entry>
<toc-entry idref="HB373A65F515E44B9BDC3579DE1CA2180" level="section">
Sec. 222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran.
</toc-entry>
<toc-entry idref="HA373143736B94CC892FCFF7F87AFF39C" level="section">
Sec. 223. Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran.
</toc-entry>
<toc-entry idref="HBF9FE674EB3C4E6A8BC1F23FEFB8D87E" level="section">
Sec. 224. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals.
</toc-entry>
<toc-entry idref="H7C56C7395F014D0C806033B14DA5567A" level="section">
Sec. 225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013.
</toc-entry>
<toc-entry idref="H708C067937FC40B59872C44F3ADB9056" level="section">
Sec. 226. Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran.
</toc-entry>
<toc-entry idref="HA8B394913C7E4D21BDE225F9F9BD233D" level="section">
Sec. 227. Conditions for entry and operation of vessels.
</toc-entry>
<toc-entry idref="H5AF1B9DF72A1462580854C557BB86E8F" level="title">
Title III—Additional authorities to prevent censorship activities in Iran
</toc-entry>
<toc-entry idref="H3C4625E16AE540D4888229ED1FE76297" level="section">
Sec. 301. Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting.
</toc-entry>
<toc-entry idref="H9D842907081B4F8AB1B314DF7BFAEA00" level="section">
Sec. 302. List of persons who are high-risk re-exporters of sensitive technologies.
</toc-entry>
<toc-entry idref="HD7BD534C40EE4F449E15959E7320A9D7" level="section">
Sec. 303. Sense of Congress on provision of intercept technologies to Iran.
</toc-entry>
<toc-entry idref="H154A22AE930F4D26896755994425F986" level="section">
Sec. 304. Sense of Congress on availability of consumer communication technologies in Iran.
</toc-entry>
<toc-entry idref="H16D69FE72C094C5CA158F6AAAE905A5A" level="section">
Sec. 305. Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate.
</toc-entry>
<toc-entry idref="H0586ECE38A334129B708ED2BC76B411A" level="title">
Title IV—Reports and other matters
</toc-entry>
<toc-entry idref="HC829778A18AA467BAF9C1CE43519CB70" level="section">
Sec. 401. National Strategy on Iran.
</toc-entry>
<toc-entry idref="H9714E344F40D45E1960123FC2A26AD7F" level="section">
Sec. 402. Report on Iranian nuclear and economic capabilities.
</toc-entry>
<toc-entry idref="H9F5A4FD088CF41B3835D749117BA1F16" level="section">
Sec. 403. Report on plausibility of expanding sanctions on Iranian oil.
</toc-entry>
<toc-entry idref="HFB626D2A71D9466F88DC2D55AA2D6814" level="section">
Sec. 404. GAO report on Iranian strategy to evade current sanctions and other matters.
</toc-entry>
<toc-entry idref="H048171BFA3B0483A97B96F1C7383A610" level="section">
Sec. 405. Authority to consolidate reports required under Iran sanctions laws.
</toc-entry>
<toc-entry idref="H8E5173CEF8EA4D25BFBC8AE5F5055D0B" level="section">
Sec. 406. Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012.
</toc-entry>
<toc-entry idref="H231C042EEB03487181E8C98214C0ACFB" level="section">
Sec. 407. Implementation; penalties.
</toc-entry>
<toc-entry idref="H9C56B97D8FCF4B9D852A144A75D4B123" level="section">
Sec. 408. Severability.
</toc-entry>
</toc>
</subsection>
</section>
<section id="H5AD7A2C39E894966B782F3A19B9E3FDF">
<enum>
2.
</enum>
<header>
Findings and statement of policy
</header>
<subsection id="H7886BA1D6B0C4921ADC292B04FA34831">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text display-inline="yes-display-inline">
Congress finds the following:
</text>
<paragraph id="H15B92E202C7F47EBB1A16CABC9D72CE1">
<enum>
(1)
</enum>
<text>
Iran’s acquisition of a nuclear weapons capability would—
</text>
<subparagraph id="H67ED338656524900A0033DA206AED48C">
<enum>
(A)
</enum>
<text>
embolden its already aggressive foreign policy, including its arming of terrorist organizations and other groups, its efforts to destabilize countries in the Middle East, and its efforts to target the United States, United States allies, and United States interests globally;
</text>
</subparagraph>
<subparagraph id="H0664D5C9B4944AFD8FE5151063599422">
<enum>
(B)
</enum>
<text>
increase the risk that Iran would share its nuclear technology and expertise with extremist groups and rogue nations;
</text>
</subparagraph>
<subparagraph id="HDFA77CE939D74ECFBB235D0C1E7E193E">
<enum>
(C)
</enum>
<text>
destabilize global energy markets, posing a direct and devastating threat to the American and global economy; and
</text>
</subparagraph>
<subparagraph id="HCE7CECA0CED34870B51A44F448964665">
<enum>
(D)
</enum>
<text display-inline="yes-display-inline">
likely lead other governments in the region to pursue their own nuclear weapons programs, increasing the prospect of nuclear proliferation throughout the region and effectively ending the viability of the global nonproliferation regime, including the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force on March 5, 1970.
</text>
</subparagraph>
</paragraph>
<paragraph id="HB97FF165E4CF4275BC01143D05FD7C2E">
<enum>
(2)
</enum>
<text>
A nuclear arms-capable Iran possessing intercontinental ballistic missiles, a development most experts expect could occur within a decade, would pose a direct nuclear threat to the United States.
</text>
</paragraph>
</subsection>
<subsection id="HAE2D60F48B194F37B6118053A50F3DCA">
<enum>
(b)
</enum>
<header>
Statement of policy
</header>
<text>
It shall be the policy of the United States to prevent Iran from acquiring a nuclear weapons capability.
</text>
</subsection>
</section>
<title id="H0F02406CD95E4E208BC1C11F8B362CE8">
<enum>
I
</enum>
<header>
Human rights and terrorism sanctions
</header>
<section id="HE5AFBF6403CE4EF19FBDE503EA44F23B">
<enum>
101.
</enum>
<header>
Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran
</header>
<subsection display-inline="no-display-inline" id="H5060517EB6F54329B75D983BCF293FFC">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8513">
22 U.S.C. 8513(c)(2)
</external-xref>
) is amended—
</text>
<paragraph id="HCB13128CFD22405F96DF828FA20A26B1">
<enum>
(1)
</enum>
<text>
in subparagraph (D), by striking
<quote>
or
</quote>
at the end;
</text>
</paragraph>
<paragraph id="H800968A051874A4F9C8E7EAB27A0277F">
<enum>
(2)
</enum>
<text>
in subparagraph (E), by striking the period at the end and inserting
<quote>
; or
</quote>
; and
</text>
</paragraph>
<paragraph id="HCEFF74ECF89D474DA11488B3872BAEAF">
<enum>
(3)
</enum>
<text>
by adding at the end the following new subparagraph:
</text>
<quoted-block display-inline="no-display-inline" id="H0692A32677C145BE9B411F8CFC4AE56C" style="OLC">
<subparagraph id="H994C995FB7E741408F6BD245805E734A">
<enum>
(F)
</enum>
<text display-inline="yes-display-inline">
facilitates a significant transaction or transactions or provides significant financial services for—
</text>
<clause id="H110AC261F8FA45E4A6E56BD6863985AB">
<enum>
(i)
</enum>
<text>
a person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or 105C(a); or
</text>
</clause>
<clause id="HF260759D5BAB4F2B81E7BA8FAFDC7C23">
<enum>
(ii)
</enum>
<text>
a person that exports sensitive technology to Iran and is subject to the prohibition on procurement contracts as described in section 106.
</text>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection display-inline="no-display-inline" id="H1DA0285608444626988026F1BA844814">
<enum>
(b)
</enum>
<header>
Effective date
</header>
<text display-inline="yes-display-inline">
The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to any activity described in subparagraph (F) of section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (as added by subsection (a)(3) of this section) initiated on or after the date that is 90 days after such date of enactment.
</text>
</subsection>
<subsection id="H8756B159267E4AEC883B7173F5CA63A4">
<enum>
(c)
</enum>
<header>
Regulations
</header>
<text>
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a).
</text>
</subsection>
</section>
<section id="HB57922A163A946129B440BB8E8E70472">
<enum>
102.
</enum>
<header>
Prevention of diversion of certain goods, services and technologies to Iran
</header>
<subsection id="H4E5C7738F1494B1C96DBF2F70A5DECA3">
<enum>
(a)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
Section 301(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8541">
22 U.S.C. 8541(1)
</external-xref>
) is amended by striking
<quote>
knows or has reason to know
</quote>
and inserting
<quote>
knows, has reason to know, or should have known
</quote>
.
</text>
</subsection>
<subsection id="H326999CDA3384CDA94225DDA34D23E81">
<enum>
(b)
</enum>
<header>
Identification of countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran
</header>
<text display-inline="yes-display-inline">
Section 302(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8542">
22 U.S.C. 8542(b)
</external-xref>
) is amended—
</text>
<paragraph id="H7C60CBB03DC84A92A5DA51BABAE94231">
<enum>
(1)
</enum>
<text>
in paragraph (1), by striking
<quote>
or
</quote>
at the end;
</text>
</paragraph>
<paragraph id="H54398C6E86BD45DF8C956CABF3968087">
<enum>
(2)
</enum>
<text>
in paragraph (2), by striking the period at the end and inserting
<quote>
; or
</quote>
; and
</text>
</paragraph>
<paragraph id="HF69B73974F954ACD9DE081D0665DB09C">
<enum>
(3)
</enum>
<text>
by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H0CC6E9DA21E94C4B8A532CD7337B4020" style="OLC">
<paragraph id="HCF3A81527B56464283DD4366CFD3106D">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
that are—
</text>
<subparagraph id="H3D75BE16271948608A50525126FB99D9">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
items described in the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions);
</text>
</subparagraph>
<subparagraph id="H97B6827351624C5D9DEB3A85D5FAF222">
<enum>
(B)
</enum>
<text>
items on the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions;
</text>
</subparagraph>
<subparagraph id="H72460EB3DCF0443397DFD161533EB7CE">
<enum>
(C)
</enum>
<text>
items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group;
</text>
</subparagraph>
<subparagraph id="HCD0094181F5248938E2EEA6E8C19F2D0">
<enum>
(D)
</enum>
<text>
items on the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or
</text>
</subparagraph>
<subparagraph id="H59249CCF003A4E6A8C8235B1F8387BB3">
<enum>
(E)
</enum>
<text>
items on the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H4C680490A35D4957A0877AFE5DC7785F">
<enum>
(c)
</enum>
<header>
Destinations of diversion concern
</header>
<text display-inline="yes-display-inline">
Section 303(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8543">
22 U.S.C. 8543(c)
</external-xref>
) is amended—
</text>
<paragraph display-inline="no-display-inline" id="H224F13CC5F88434691D4ADF602B8DE0A">
<enum>
(1)
</enum>
<text>
by striking
<quote>
Not later than
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HBAA695519B39479692AC679719BE4A24" style="OLC">
<paragraph id="HF15932A57A6F4C71BEDD84FB51EE5CEE">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Not later than
</text>
</paragraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HBC3488EE20A54336ADEA5E475E03B17B">
<enum>
(2)
</enum>
<text>
by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HF85E121DC86A4A4E9D53B4EEB09EAA81" style="OLC">
<paragraph id="H4F0B1A8828FE4162B2A38E55705D3C33">
<enum>
(2)
</enum>
<header>
Additional measures
</header>
<text display-inline="yes-display-inline">
The President may impose restrictions on United States foreign assistance or measures authorized under the International Emergency Economic Powers Act with respect to a country designated as a country of diversion concern if the President determines such restrictions or measures would prevent the transfer of United States-origin goods, services, and technology to Iran.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H3D7F5A0905DA470CB89748CBFD0A438D">
<enum>
(d)
</enum>
<header>
Effective date
</header>
<text display-inline="yes-display-inline">
The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to countries identified in any update to the report that is required under section 302(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and submitted to Congress on or after such date of enactment.
</text>
</subsection>
</section>
<section commented="no" id="H9C6251693A6146B49935E9550AD2661A" section-type="subsequent-section">
<enum>
103.
</enum>
<header>
Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization
</header>
<subsection commented="no" id="HC106057C30484278B891D3A33AECD8EB">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Subtitle A of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8741">
22 U.S.C. 8741 et seq.
</external-xref>
) is amended—
</text>
<paragraph commented="no" id="H3E02ABCC9AA744C3A590A84F638DBA5D">
<enum>
(1)
</enum>
<text>
by redesignating section 304 as section 305; and
</text>
</paragraph>
<paragraph commented="no" id="H4FAFBE64025C446FA9DED9AEC0B6342B">
<enum>
(2)
</enum>
<text>
by inserting after section 303 the following new section:
</text>
<quoted-block display-inline="no-display-inline" id="H8FB56B4520FC44CEA82B849FF65B1011" style="OLC">
<section commented="no" id="H3F3ED89EAE374B45B169581B596F3274">
<enum>
304.
</enum>
<header>
Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization
</header>
<subsection commented="no" display-inline="no-display-inline" id="HE2ED6EE3D28C489CB22855E84B5870A6">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Not later than 30 days after the date of the enactment of this section, the Secretary of State shall determine if Iran’s Revolutionary Guard Corps meets the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1189">
8 U.S.C. 1189
</external-xref>
).
</text>
</subsection>
<subsection commented="no" id="H6E95769590B44179ADA7DE3A9AC20189">
<enum>
(b)
</enum>
<header>
Affirmative determination
</header>
<text display-inline="yes-display-inline">
If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps meets the criteria set forth under such section 219, the Secretary shall designate Iran’s Revolutionary Guard Corps as a foreign terrorist organization under such section 219.
</text>
</subsection>
<subsection commented="no" id="HF22F1200A3B84802A57052999B75F8B9">
<enum>
(c)
</enum>
<header>
Negative determination
</header>
<paragraph commented="no" id="HA6585F115BA54863ABD9313B99EACB63">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps does not meet the criteria set forth under such section 219, the Secretary shall submit to the committees of Congress specified in subsection (e) a report that contains a detailed justification as to which criteria have not been met.
</text>
</paragraph>
<paragraph commented="no" id="H4394D1C35DDD4838B3A3064739A3EB16">
<enum>
(2)
</enum>
<header>
Form
</header>
<text>
The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary.
</text>
</paragraph>
</subsection>
<subsection id="H95CC774A80434E02BD6BAF5A5BE3381E">
<enum>
(d)
</enum>
<header>
Applicability of sanctions to Quds Force
</header>
<text display-inline="yes-display-inline">
The sanctions applied to any entity designated as a foreign terrorist organization as set forth in such section 219 shall be applied to the Iran’s Revolutionary Guard Corps Quds Force.
</text>
</subsection>
<subsection commented="no" id="H883A7069094D496AA61A711DF3D5E1AC">
<enum>
(e)
</enum>
<header>
Committees of Congress specified
</header>
<text>
The committees of Congress specified in this subsection are the following:
</text>
<paragraph commented="no" id="H566A0993EA6C43259F8EFA98EDA55276">
<enum>
(1)
</enum>
<text>
The Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives.
</text>
</paragraph>
<paragraph commented="no" id="HA5D74ECF8AC04BADB1528EBE2FB5041F">
<enum>
(2)
</enum>
<text>
The Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" id="H52C98DF1D0C548ED86CF91CBE86BBA96">
<enum>
(b)
</enum>
<header>
Clerical amendment
</header>
<text display-inline="yes-display-inline">
The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 304 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H7F8C31983FCB46C691404E5683E8739B" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization.
</toc-entry>
<toc-entry level="section">
Sec. 305. Rule of construction.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H9F0B144B413C40C5ADEFDB103B59598B">
<enum>
104.
</enum>
<header>
Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran
</header>
<subsection id="H643D05788B8F4CAD937F23D27E1497BD">
<enum>
(a)
</enum>
<header>
Finding and sense of Congress
</header>
<text display-inline="yes-display-inline">
Section 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/158">
Public Law 112–158
</external-xref>
; 126 Stat. 1251) is amended to read as follows:
</text>
<quoted-block display-inline="no-display-inline" id="HE1CEACAE0E27442BBC21D3AF8C6BEDA2" style="OLC">
<subsection id="H0A5EB2E227DF4AF99D5FE8DA77B25F18">
<enum>
(a)
</enum>
<header>
Finding and sense of Congress
</header>
<paragraph id="H06D11F3A7E99449D856193198B3B7922">
<enum>
(1)
</enum>
<header>
Finding
</header>
<text display-inline="yes-display-inline">
Congress finds that Iranian persons holding the following positions in the Government of Iran are ultimately responsible for and have and continue to knowingly order, control, direct and implement gross violations of the human rights of the Iranian people, the human rights of persons in other countries, censorship, and the diversion of food, medicine, medical devices, agricultural commodities and other goods intended for the Iranian people:
</text>
<subparagraph id="H927D0404B8CC4E42934F4C735E6E96AC">
<enum>
(A)
</enum>
<text>
The Supreme Leader of Iran.
</text>
</subparagraph>
<subparagraph id="HFE1D21221AFA4C3FA49C29C65FBCFA45">
<enum>
(B)
</enum>
<text>
The President of Iran.
</text>
</subparagraph>
<subparagraph id="H3BF58C40F1784F85862F8BB75569E7BA">
<enum>
(C)
</enum>
<text>
Members of the Council of Guardians.
</text>
</subparagraph>
<subparagraph id="H767DCA449CAD441D8B6A9ACC50DA89D9">
<enum>
(D)
</enum>
<text>
Members of the Expediency Council.
</text>
</subparagraph>
<subparagraph id="HF9F287587C1D46068F169FC57360EA55">
<enum>
(E)
</enum>
<text>
The Minister of Intelligence and Security.
</text>
</subparagraph>
<subparagraph id="H1F4D09EB86E84E788717E74F40BDCEC9">
<enum>
(F)
</enum>
<text>
The Commander of the Iran’s Revolutionary Guard Corps.
</text>
</subparagraph>
<subparagraph id="H93390798418D4CE38B8B70C492824231">
<enum>
(G)
</enum>
<text>
The Commander of the Basij-e-Mostaz’afin.
</text>
</subparagraph>
<subparagraph id="H65AC8B09D60D41099C83F6BA4FA81639">
<enum>
(H)
</enum>
<text>
The Commander of Ansar-e-Hezbollah.
</text>
</subparagraph>
<subparagraph id="H76C187B6DDD646778D076EBB64AEB9C9">
<enum>
(I)
</enum>
<text>
The Commander of the Quds Force.
</text>
</subparagraph>
<subparagraph id="HC26544E3C3D64627A05C9F52898FC453">
<enum>
(J)
</enum>
<text>
The Commander in Chief of the Police Force.
</text>
</subparagraph>
<subparagraph id="H19FA6AFE8D6549869ADA2DD0513F6179">
<enum>
(K)
</enum>
<text display-inline="yes-display-inline">
Senior officials or key employees of an organization described in any of subparagraphs (C) through (J) or in the Atomic Energy Organization of Iran, the Islamic Consultative Assembly of Iran, the Council of Ministers of Iran, the Assembly of Experts of Iran, the Ministry of Defense and Armed Forces Logistics of Iran, the Ministry of Justice of Iran, the Ministry of Interior of Iran, the prison system of Iran, or the judicial system of Iran.
</text>
</subparagraph>
</paragraph>
<paragraph id="HA376793CD891464D8365C0B32781C958">
<enum>
(2)
</enum>
<header>
Sense of Congress
</header>
<text display-inline="yes-display-inline">
It is the sense of Congress that—
</text>
<subparagraph id="H9ECBAA17A39040E995DC23A849278C81">
<enum>
(A)
</enum>
<text>
the President should include any Iranian person holding a position in the Government of Iran described in paragraph (1) on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8514">
22 U.S.C. 8514(b)
</external-xref>
, 8514a(b), 8514b(b), or 8514c(b)); and
</text>
</subparagraph>
<subparagraph id="H49F2AC9547CA420D86823AF7EDAD019A">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the President should impose sanctions on such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be).
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H56A994F855584AF381681D52BD4D4FC9">
<enum>
(b)
</enum>
<header>
Additional finding and sense of Congress
</header>
<text display-inline="yes-display-inline">
Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/158">
Public Law 112–158
</external-xref>
; 126 Stat. 1251) is amended—
</text>
<paragraph id="H11936EB6820449138F70CBC2044634F9">
<enum>
(1)
</enum>
<text>
by redesignating subsection (b) as subsection (c); and
</text>
</paragraph>
<paragraph id="HE2718CAADC774A018D68570F852F9234">
<enum>
(2)
</enum>
<text>
by inserting after subsection (a) the following:
</text>
<quoted-block display-inline="no-display-inline" id="H9D111F90A61740E588D75D76FEE66286" style="OLC">
<subsection id="H7AFDCD797D3C45588845F4F88E22402A">
<enum>
(b)
</enum>
<header>
Additional finding and sense of Congress
</header>
<paragraph id="HA0CB6515EF1947D6A4569BB35505D2BF">
<enum>
(1)
</enum>
<header>
Finding
</header>
<text display-inline="yes-display-inline">
Congress finds that other senior officials of the Government of Iran, its agencies and instrumentalities, also have and continue to knowingly order, control, direct, and implement gross violations of the human rights of the Iranian people and the human rights of persons in other countries.
</text>
</paragraph>
<paragraph id="H71A79A8B841F4B29940A1566D414EEA6">
<enum>
(2)
</enum>
<header>
Sense of Congress
</header>
<text>
It is the sense of Congress that—
</text>
<subparagraph id="HC80CAD426D7C4A48AA27731081E9C75D">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the President should investigate violations of human rights described in paragraph (1) to identify other senior officials of the Government of Iran that also have or continue to knowingly order, control, direct, and implement gross violations of human rights of the Iranian people and the human rights of persons in other countries;
</text>
</subparagraph>
<subparagraph id="H27809EB83F4B4C7C800FB57BF6536219">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the President should include any such official on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8514">
22 U.S.C. 8514(b)
</external-xref>
, 8514a(b), 8514b(b), or 8514c(b)); and
</text>
</subparagraph>
<subparagraph id="H84D9F55BCCB54365A1EE40213F69763C">
<enum>
(C)
</enum>
<text display-inline="yes-display-inline">
the President should impose sanctions on any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be).
</text>
</subparagraph>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H7AF81B4695854045A4A40A0CA7421A7B">
<enum>
(c)
</enum>
<header>
Report
</header>
<text>
Section 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/158">
Public Law 112–158
</external-xref>
; 126 Stat. 1251), as redesignated by subsection (b) of this section, is amended—
</text>
<paragraph id="H57D2D9A4332142B3B3F0E57602390507">
<enum>
(1)
</enum>
<text>
by striking
<quote>
Not later than
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H122F8EF54A0B40A2ADDAC2C29203F301" style="OLC">
<subparagraph id="H4CC438C9975248BEB2A287E3D589D416">
<enum>
(A)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Not later than
</text>
</subparagraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph display-inline="no-display-inline" id="H82981BEB00B046D4A77AB956D53EFC99">
<enum>
(2)
</enum>
<text>
by striking
<quote>
this Act
</quote>
and inserting
<quote>
the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years
</quote>
;
</text>
</paragraph>
<paragraph id="H5370E5CCD9E94AE296D9D85F9F21582B">
<enum>
(3)
</enum>
<text>
by striking
<quote>
otherwise directing the commission of
</quote>
and inserting
</text>
<quoted-block display-inline="yes-display-inline" id="H058D90CCCD5145349C70D9D921EFC6A4" style="OLC">
<text>
otherwise directing—
</text>
<clause id="H642870D62ED045C7BF80A478B9CE7239">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
the commission of
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HB355CCD2E0AA44A0B42AB8DD3374F330">
<enum>
(4)
</enum>
<text>
by striking
<quote>
Iran.
</quote>
and inserting
</text>
<quoted-block display-inline="yes-display-inline" id="H33EC6E8BBA13459BBA5ABEDA2809ADBD" style="OLC">
<text>
Iran;
</text>
<clause id="H4DB834DF47A247ED91ED509625A6D9CD">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
censorship or related activities with respect to Iran; or
</text>
</clause>
<clause id="HE7F64424AA3F49CA8A77E6758B0FA6C7">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
the diversion of goods, food, medicine, medical devices, and agricultural commodities, intended for the people of Iran.
</text>
</clause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HE361090DF8464E35B20DB988FF225A6B">
<enum>
(5)
</enum>
<text>
by striking
<quote>
For any such person
</quote>
and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H3054298B3D6643B89AB1EF22E34EE2CE" style="OLC">
<subparagraph id="HDA04DEF674184116B622A66178D7F690">
<enum>
(B)
</enum>
<header>
Requirement relating to persons not included
</header>
<text display-inline="yes-display-inline">
For any such person
</text>
</subparagraph>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HFEFC5274DC574B0CA7F7640772056DA5">
<enum>
(6)
</enum>
<text display-inline="yes-display-inline">
by adding at the end the following new subparagraph:
</text>
<quoted-block display-inline="no-display-inline" id="H59913E16DD0C42AAAE945CCDC743C1E5" style="OLC">
<subparagraph id="HE7F6A024EA484F54BE7CCE0F5097E242">
<enum>
(C)
</enum>
<header>
Requirement relating to financial net worth
</header>
<text display-inline="yes-display-inline">
For each such person described in subparagraph (A) and each such person described in subparagraph (B), the Secretary of State shall include in the report a description of the estimated net worth of the person.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H1EE724FF014C41AF82B1B7A53D9AAB8E">
<enum>
(d)
</enum>
<header>
Conforming amendment
</header>
<text display-inline="yes-display-inline">
The heading for section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/158">
Public Law 112–158
</external-xref>
; 126 Stat. 1251) is amended by striking
<quote>
<header-in-text level="section" style="OLC">
committed against
</header-in-text>
</quote>
and all that follows and inserting
<quote>
<header-in-text level="section" style="OLC">
, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran.
</header-in-text>
</quote>
.
</text>
</subsection>
<subsection id="HF5AAE10BDDC846F2BDAF036CFB40B4F8">
<enum>
(e)
</enum>
<header>
Clerical amendment
</header>
<text display-inline="yes-display-inline">
The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 401 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="HE17E78E152924768A32F4DDFCAB31CD8" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 401. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="HBA043CAA71A249CBBECEE2C985818199">
<enum>
105.
</enum>
<header>
Sense of Congress on elections in Iran
</header>
<subsection id="HD911310596144848AF25AECE0EB230F5">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text display-inline="yes-display-inline">
Congress makes the following findings:
</text>
<paragraph id="H61793E89D0564C97A14777A79C659D39">
<enum>
(1)
</enum>
<text>
The Iranian people are systematically denied free, fair, and credible elections by the Government of the Islamic Republic of Iran.
</text>
</paragraph>
<paragraph id="H7609A6F200924E8491764C2374A29569">
<enum>
(2)
</enum>
<text>
The unelected and unaccountable Guardian Council disqualifies hundreds of qualified candidates, including women and most religious minorities, while the regime intimidates others into staying out of elections completely.
</text>
</paragraph>
<paragraph id="H7F07ADBC91BB4CCFBB55CF82BAE2293A">
<enum>
(3)
</enum>
<text>
Voting inconsistencies, including an absence of international observers, and fraud are commonplace.
</text>
</paragraph>
<paragraph id="H2AF56F85273F4248AB923759FF358CED">
<enum>
(4)
</enum>
<text>
The 2009 presidential elections proved that the regime will engage in large scale vote-rigging to ensure a specific result.
</text>
</paragraph>
<paragraph id="HC99CDFD4322F427A871314B744126253">
<enum>
(5)
</enum>
<text>
The Iranian regime combines electoral manipulation with the ruthless suppression of dissent. Following the 2009 elections, peaceful demonstrators were met with violence by the regime’s security apparatus, including arbitrary detentions, beatings, kidnappings, rapes, and murders.
</text>
</paragraph>
<paragraph id="H40E78BBD38264E1E840AB8FA29D62E08">
<enum>
(6)
</enum>
<text>
The electoral manipulation and human rights violations are in violation of the Government of Iran’s agreed to obligations under the United Nations International Covenant on Civil and Political Rights.
</text>
</paragraph>
</subsection>
<subsection id="H3832BA7D2F6F492998009EC1442E35E7">
<enum>
(b)
</enum>
<header>
Sense of Congress
</header>
<text>
It is the sense of the Congress that—
</text>
<paragraph id="H14C85FDE445D43228197F68E85B21C35">
<enum>
(1)
</enum>
<text>
the Iranian people are deprived by their government of free, fair, and credible elections;
</text>
</paragraph>
<paragraph id="HC042B2BD55B441E38FBF513CA6DA4D01">
<enum>
(2)
</enum>
<text>
the United States should support freedom, human rights, civil liberties, and the rule of law in Iran, and elections that are free and fair, meet international standards, and allow independent international and domestic electoral observers unrestricted access to polling and counting stations; and
</text>
</paragraph>
<paragraph id="H5B325E10D0E94863B93BE5E638BF9F02">
<enum>
(3)
</enum>
<text>
the United States should support the people of Iran in their peaceful calls for a representative and responsive democratic government that respects human rights, civil liberties, and the rule of law.
</text>
</paragraph>
</subsection>
</section>
<section id="H7A9B77A2FD3D475F8BB2C240AD8303B7">
<enum>
106.
</enum>
<header>
Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran
</header>
<text display-inline="no-display-inline">
It is the sense of Congress that the Secretary of State should designate a Special Coordinator position in the Bureau of Near Eastern Affairs whose primary function is to facilitate cooperation across departments for the purpose of advancing human rights and political participation for women in Iran, as well as to prepare evidence and information to be used in identifying Iranian officials for designation as human rights violators for their involvement in violating the human rights of women in Iran.
</text>
</section>
</title>
<title id="H4E3ABEF4B871452F98EC92121D21567C">
<enum>
II
</enum>
<header>
Economic and financial sanctions
</header>
<subtitle id="H777D124BD6894EE6B6CFD724CE129DDE">
<enum>
A
</enum>
<header>
Amendments to Iran Sanctions Act of 1996
</header>
<section id="HF9BE76AC73AD410EB5621317C40FCF68">
<enum>
201.
</enum>
<header>
Imposition of sanctions relating to transportation of crude oil from Iran and certain imports and exports to and from Iran
</header>
<subsection id="HEF2B2A636A5647B6994BFCDFB81EBF56">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Section 5(a)(7)(A) of the Iran Sanctions Act of 1996 (
<external-xref legal-doc="public-law" parsable-cite="pl/104/172">
Public Law 104–172
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701
</external-xref>
note) is amended—
</text>
<paragraph id="HA842001AC9ED412AB82ADB6B7BFD8D01">
<enum>
(1)
</enum>
<text>
in clause (i)—
</text>
<subparagraph id="H1660D30A87614019AE7BFEE9828AAE1B">
<enum>
(A)
</enum>
<text>
by striking
<quote>
a vessel that, on or after
</quote>
and inserting the following:
</text>
<quoted-block display-inline="yes-display-inline" id="HF4E015500B7040D68A4629C12AB75F4C" style="OLC">
<text display-inline="yes-display-inline">
a vessel that—
</text>
<subclause id="H2ED8023F508C47BFA94BDD3856EA0364">
<enum>
(I)
</enum>
<text>
on or after
</text>
</subclause>
<after-quoted-block>
; and
</after-quoted-block>
</quoted-block>
</subparagraph>
<subparagraph id="H43E7734447B5448D849CDB639775829E">
<enum>
(B)
</enum>
<text>
by striking
<quote>
and
</quote>
at the end and inserting
<quote>
or
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HB6EC8B91083243B6994391017F95DB7A">
<enum>
(C)
</enum>
<text>
by adding at the end the following:
</text>
<quoted-block id="HE9546E7409E64BC6A962C7D3E9D0C2F0" style="OLC">
<subclause id="H82EE04BA30A9446B9C7CF082FEB7DFB4">
<enum>
(II)
</enum>
<item display-inline="yes-display-inline" id="H2E5B757FAD7C4AC48E5A51C91E9292CB">
<enum>
(aa)
</enum>
<text display-inline="yes-display-inline">
knowingly transports to or from Iran any good if the importation to Iran or exportation from Iran, as the case may be, of that good is subject to sanctions under this Act; or
</text>
</item>
<item id="H420CBB81DE3F478EAA5F49F0730A8EDB" indent="up1">
<enum>
(bb)
</enum>
<text>
knowingly engages in a vessel-to-vessel transfer of crude oil transported from Iran;
</text>
</item>
</subclause>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</subparagraph>
</paragraph>
<paragraph id="HA0CA8BEE019443EA8282221CEE0F3C98">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
in clause (ii), by striking the period at the end and inserting
<quote>
; or
</quote>
; and
</text>
</paragraph>
<paragraph id="H6E11424B77304B0AB9FFDD4F9CDC8110">
<enum>
(3)
</enum>
<text>
by adding at the end the following new clause:
</text>
<quoted-block display-inline="no-display-inline" id="H1BD39DE349F541C2886E4331A327959D" style="OLC">
<clause id="H1E10B47F1DAA4A2185A54A7E2D839455">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
the person is a person who knowingly sells, leases, or otherwise facilitates the transfer of ownership of a vessel to the Government of Iran, or any agencies or affiliates thereof, for the purpose of transportation of crude oil from Iran to another country.
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H23CAAE0423804AA890660D7E67CF6469">
<enum>
(b)
</enum>
<header>
Conforming amendment
</header>
<text display-inline="yes-display-inline">
Section 5(a)(7) of the Iran Sanctions Act of 1996 (
<external-xref legal-doc="public-law" parsable-cite="pl/104/172">
Public Law 104–172
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701
</external-xref>
note) is amended in the paragraph heading by striking
<quote>
<header-in-text level="paragraph" style="OLC">
from iran
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="paragraph" style="OLC">
from iran and certain imports and exports to and from iran
</header-in-text>
</quote>
.
</text>
</subsection>
<subsection id="H523A27FFB6C447F4910B14C39836D744">
<enum>
(c)
</enum>
<header>
Effective date
</header>
<text>
The amendments made by subsection (a) apply with respect to actions described in subclause (II) of section 5(a)(7)(A)(i) of the Iran Sanctions Act of 1996 (as added by such subsection) and actions described in clause (iii) of section 5(a)(7)(A) of the Iran Sanctions Act of 1996 (as added by such subsection), as the case may be, that occur on or after the date that is 90 days after the date of the enactment of this Act.
</text>
</subsection>
</section>
<section id="HCF20254794F84B889B5F96CF9F8F494D">
<enum>
202.
</enum>
<header>
Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium
</header>
<subsection id="HEBFD4A03BE5D40208F027487CA2BFAE5">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Section 5(b)(2) of the Iran Sanctions Act of 1996 (
<external-xref legal-doc="public-law" parsable-cite="pl/104/172">
Public Law 104–172
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701
</external-xref>
note) is amended by adding at the end the following new subparagraph:
</text>
<quoted-block display-inline="no-display-inline" id="H13413C2F27744C70BF7BC29128DDC86A" style="OLC">
<subparagraph id="H5BB4EC9E90B34B1DBE1D58C526A4EAB0">
<enum>
(C)
</enum>
<header>
Transfer to Iran of goods, services, or technology that can be used for mining or milling of uranium
</header>
<text display-inline="yes-display-inline">
Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly transferred, on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013, to Iran goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium.
</text>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HEC66784042F743BD8CD976FB2F8C9EA1">
<enum>
(b)
</enum>
<header>
Conforming amendment
</header>
<text display-inline="yes-display-inline">
Section 5(b) of such Act is amended in the heading for paragraph (2) by adding at the end before the period the following:
<quote>
<header-in-text level="paragraph" style="OLC">
and other related activities
</header-in-text>
</quote>
.
</text>
</subsection>
</section>
<section id="H81FFE976025047008A83BD5DDFE6A19A">
<enum>
203.
</enum>
<header>
Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities
</header>
<text display-inline="no-display-inline">
Section 9(c)(1) of the Iran Sanctions Act of 1996 (
<external-xref legal-doc="public-law" parsable-cite="pl/104/172">
Public Law 104–172
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701
</external-xref>
note) is amended—
</text>
<paragraph id="HA0A16533B9CF4C60ADC46ECAA93E0E01">
<enum>
(1)
</enum>
<text>
by striking subparagraph (B);
</text>
</paragraph>
<paragraph id="H2538A66A455145BABB1167F2C9941B00">
<enum>
(2)
</enum>
<text>
by redesignating subparagraph (C) as subparagraph (B); and
</text>
</paragraph>
<paragraph id="H1B8554AE2B4548E69D8FB79CC5143B35">
<enum>
(3)
</enum>
<text>
in subparagraph (B) (as redesignated by paragraph (2) of this section)—
</text>
<subparagraph id="HC59202B1A71E479D8A5D1A28B368E013">
<enum>
(A)
</enum>
<text>
by striking
<quote>
or (B)
</quote>
each place it appears; and
</text>
</subparagraph>
<subparagraph id="HE6FCC22DB314432D9DEFFCD88A582281">
<enum>
(B)
</enum>
<text>
by striking
<quote>
, as applicable
</quote>
.
</text>
</subparagraph>
</paragraph>
</section>
</subtitle>
<subtitle id="H366EB654CCED4AF085EC2CB4682693AC">
<enum>
B
</enum>
<header>
Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012
</header>
<section id="HE6B9C56F0E43456C96AA6B77DB0C6EBB">
<enum>
211.
</enum>
<header>
Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran
</header>
<subsection id="H2D0843E101304D4AA1C3C3A8931B2619">
<enum>
(a)
</enum>
<header>
Application to owners and subsidiaries
</header>
<text display-inline="yes-display-inline">
Subsection (a) of section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="public-law" parsable-cite="pl/111/195">
Public Law 111–195
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/22/8515">
22 U.S.C. 8515
</external-xref>
) is amended—
</text>
<paragraph id="H4F2D7BBEB52C43BA81562A7FDFABE556">
<enum>
(1)
</enum>
<text>
by striking
<quote>
goods or services with a person
</quote>
and inserting the following:
</text>
<quoted-block display-inline="yes-display-inline" id="H8BCDB1DA778E44CDA5EB229025D796CC" style="OLC">
<text display-inline="yes-display-inline">
goods or services—
</text>
<paragraph id="HF216CF24FEA1499A803849464E974E57">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
with a person
</text>
</paragraph>
<after-quoted-block>
;
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="HD055189A61D44A17AB9DFDB3D7750E5B">
<enum>
(2)
</enum>
<text>
in paragraph (1), as added by paragraph (1) of this subsection, by striking the period at the end and inserting and inserting
<quote>
; or
</quote>
; and
</text>
</paragraph>
<paragraph id="H0081917A78F846D9B1081AAD34975EF3">
<enum>
(3)
</enum>
<text>
by adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H5D1CECC5BEF742B2860E45B20753A77B" style="OLC">
<paragraph id="H8AF612B185474FE591DF11267D667665">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
with respect to a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1).
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H9D436CA44B2C4AC8846293F21751C5B2">
<enum>
(b)
</enum>
<header>
Sensitive technology defined
</header>
<text display-inline="yes-display-inline">
Subsection (c)(1) of such section is amended by striking
<quote>
is to be used specifically
</quote>
and inserting
<quote>
has been designed or specifically modified
</quote>
.
</text>
</subsection>
<subsection id="H8FBFDDDDC42A4C59AB4868A45F47ADC9">
<enum>
(c)
</enum>
<header>
Presidential determination and imposition of additional sanctions
</header>
<text display-inline="yes-display-inline">
Such section, as so amended, is further amended by adding at the end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H99F1E0F73AB249839706F1E99F71AFCC" style="OLC">
<subsection id="HC24AB50DFF1F46948CAC110FC183A224">
<enum>
(e)
</enum>
<header>
Presidential determination and imposition of additional sanctions
</header>
<text display-inline="yes-display-inline">
The President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (
<external-xref legal-doc="public-law" parsable-cite="pl/104/172">
Public Law 104–172
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701
</external-xref>
note) with respect to—
</text>
<paragraph id="HD2E032B8AC7D48F7847931C65F1D5CD2">
<enum>
(1)
</enum>
<text>
a person if the President determines that the person knowingly exports sensitive technology to Iran; or
</text>
</paragraph>
<paragraph id="H5B7B5A75BC0749BC980AC8AA0A029C35">
<enum>
(2)
</enum>
<text>
a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H76A9D5AE081043B59DA0CCFA7AE35C2D">
<enum>
(d)
</enum>
<header>
Conforming amendment
</header>
<text>
The heading of such section is amended by inserting
<quote>
<header-in-text level="section" style="OLC">
and imposition of sanctions against
</header-in-text>
</quote>
after
<quote>
<header-in-text level="section" style="OLC">
with
</header-in-text>
</quote>
.
</text>
</subsection>
<subsection id="HFAF5A30352DF4A08BBC5BC3C5FF2BB39">
<enum>
(e)
</enum>
<header>
Clerical amendment
</header>
<text display-inline="yes-display-inline">
The table of contents for the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended by striking the item relating to section 106 and inserting the following:
</text>
<quoted-block display-inline="no-display-inline" id="H6AE1C1FB0AA54ECE932BFBC29484795A" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 106. Prohibition on procurement contracts with and imposition of sanctions against persons that export sensitive technology to Iran.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H86A133DD24BF4E4EBD8178D8A3D61DAB">
<enum>
(f)
</enum>
<header>
Effective date
</header>
<text>
The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to exports of sensitive technology to Iran that occur on or after such date of enactment.
</text>
</subsection>
</section>
<section id="HB4A7236C2A004666BA071484D68C675A">
<enum>
212.
</enum>
<header>
Authority of State and local governments to avoid exposure to sanctioned persons and sectors
</header>
<subsection id="H19C19436BB654EDA9E52ABCEA38E8DE5">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8532">
22 U.S.C. 8532
</external-xref>
) is amended by striking subsections (a), (b), and (c) and inserting the following:
</text>
<quoted-block id="H749D109A23DD4E9F8DF947E0E749233B" style="OLC">
<subsection id="H5A19D0F390D04D2CA8AC30A41EE6CD5F">
<enum>
(a)
</enum>
<header>
Sense of congress
</header>
<text>
It is the sense of Congress that the United States should support the decision of any State or local government to divest from or prohibit the investment of assets of the State or local government, to prohibit the issuance of licenses to conduct business in the State or locality to, and to impose disclosure and transparency requirements on, a person that invests in or conducts transactions for or with a person or sector subject to sanctions with respect to Iran.
</text>
</subsection>
<subsection id="HFC61AE1E8CA94562A619739F9F3F9E2C">
<enum>
(b)
</enum>
<header>
Authority
</header>
<text>
Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d)—
</text>
<paragraph id="HA59AA018A02A46F2BCE83D76B7D1DBB9">
<enum>
(1)
</enum>
<text>
to divest the assets of the State or local government from a person described in subsection (c);
</text>
</paragraph>
<paragraph id="HA1929B101CF146DCB3C818FB546DC142">
<enum>
(2)
</enum>
<text>
to prohibit investment of the assets of the State or local government in any such person;
</text>
</paragraph>
<paragraph id="HAE0647B0D30D4085B3064863BC9189AD">
<enum>
(3)
</enum>
<text>
to prohibit the issuance of licenses to conduct business in the State or locality to any such person; or
</text>
</paragraph>
<paragraph id="H9B6E1E22F7AE4FCF861F0103D2892E1E">
<enum>
(4)
</enum>
<text>
to impose disclosure and transparency requirements on any such person.
</text>
</paragraph>
</subsection>
<subsection id="H629243B7C7CB49098B0949E9CBAA5422">
<enum>
(c)
</enum>
<header>
Persons described
</header>
<text>
A person described in this subsection is a person that invests in or engages in any transaction with or for any person engaged in any activity for which sanctions may be imposed under any provision of Federal law imposing sanctions with respect to Iran.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H0FA73939564449A981869A4F1C86C887">
<enum>
(b)
</enum>
<header>
Conforming amendments
</header>
<text>
Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8532">
22 U.S.C. 8532
</external-xref>
) is amended—
</text>
<paragraph id="H65E7FE85D6B342E8AAC9D5130A739B2B">
<enum>
(1)
</enum>
<text>
in subsection (d)(4), by striking
<quote>
engages in investment activities in Iran described in subsection (c)
</quote>
and inserting
<quote>
is a person described in subsection (c)
</quote>
;
</text>
</paragraph>
<paragraph id="H48CB42E0C07F4C6CAD82BD0ECA835DCA">
<enum>
(2)
</enum>
<text>
in subsection (f), by striking
<quote>
or (i)
</quote>
and inserting
<quote>
or (g)
</quote>
;
</text>
</paragraph>
<paragraph id="H891D6180A33247C29B436F5E64E301A1">
<enum>
(3)
</enum>
<text>
by striking subsections (g) and (h) and by redesignating subsections (i) and (j) as subsections (g) and (h), respectively; and
</text>
</paragraph>
<paragraph id="HAFE8972B743448FDA3251618A09DDBAD">
<enum>
(4)
</enum>
<text>
in paragraph (1) of subsection (g), as redesignated by paragraph (3), by striking
<quote>
(determined without regard to subsection (c))
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H541462DD227444378CA7EB17106AF2BD">
<enum>
(c)
</enum>
<header>
Effective date
</header>
<text>
The amendments made by this section apply to measures adopted by State and local governments on or after the date of the enactment of this Act.
</text>
</subsection>
</section>
<section id="H8D2B2EFC18C24A7EA4B4B30DE36CB42D">
<enum>
213.
</enum>
<header>
Sense of Congress regarding the European Central Bank
</header>
<subsection id="H6F88FB0997044BBD82CB7F6C7163C655">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text display-inline="yes-display-inline">
Congress finds the following:
</text>
<paragraph id="H9E96F84679DE4D8487C1A88242BC2785">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
The Government of Iran, its agencies and instrumentalities, continue to have access to, and utilize, euro-denominated transactions, including for goods and services that are subject to sanctions imposed by the United States, the European Union and its member states and by the United Nations.
</text>
</paragraph>
<paragraph id="HD693B4F7DB694A1D8F7930030ECF1797">
<enum>
(2)
</enum>
<text>
The Guidelines of the European Central Bank (Article 39(1)) states that:
<quote>
Participants shall be deemed to be aware of, and shall comply with, all obligations on them relating to legislation on data protection, prevention of money laundering and the financing of terrorism, proliferation-sensitive nuclear activities and the development of nuclear weapons delivery systems, in particular in terms of implementing appropriate measures concerning any payments debited or credited on their PM accounts.
</quote>
</text>
</paragraph>
<paragraph id="H30521042445C447686FDF8B47A789BDE">
<enum>
(3)
</enum>
<text>
United States and European convergence with respect to United States sanctions efforts toward the Government of Iran is a vital component of United States policy aimed at preventing the Government of Iran from acquiring a nuclear weapons capability.
</text>
</paragraph>
</subsection>
<subsection id="H2B2CD23A060D47C2B2AD212B521EAFEB">
<enum>
(b)
</enum>
<header>
Sense of Congress
</header>
<text display-inline="yes-display-inline">
It is the sense of Congress that the President should continue to closely coordinate and cooperate with the European Union and its member states to restrict access to and use of the euro currency by the Government of Iran, its agencies and instrumentalities, for transactions with the exception of food, medicine, medical devices, and agricultural commodities.
</text>
</subsection>
</section>
<section id="H02CAFE76A91747FA92EAFDA1844FDCA8">
<enum>
214.
</enum>
<header>
Imposition of sanctions with respect to certain transactions in foreign currencies
</header>
<subsection id="HBD0F441FDDD8434AB302CA757DBB499D">
<enum>
(a)
</enum>
<header>
Imposition of sanctions
</header>
<text>
Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8721">
22 U.S.C. 8721 et seq.
</external-xref>
) is amended by inserting after section 220 the following:
</text>
<quoted-block display-inline="no-display-inline" id="HA3A7EBF20A5E4AF0A5A595BF8B0C1643" style="OLC">
<section id="H3217740798AB4D42A3FDB2E4703850E1">
<enum>
220A.
</enum>
<header>
Imposition of sanctions with respect to certain transactions in foreign currencies
</header>
<subsection id="HC2871A7F2AF94B08AD6CD0B6979F17BC">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
The President—
</text>
<paragraph id="H66BEE8F128AD4D93BDA6BA605970B862">
<enum>
(1)
</enum>
<text>
shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that is a person described in subsection (b); and
</text>
</paragraph>
<paragraph id="H35C45E78F40B4657BB6B0B69F6436809">
<enum>
(2)
</enum>
<text>
may impose sanctions pursuant to the International Emergency Economic Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701 et seq.
</external-xref>
) with respect to any other person described in subsection (b).
</text>
</paragraph>
</subsection>
<subsection id="HB084869C18F74CCD98A9AA8EE32D2702">
<enum>
(b)
</enum>
<header>
Person described
</header>
<text>
A person described in this subsection is a person the President determines has—
</text>
<paragraph id="HFCC770C027E7468D855E0ADE47F3BBA8">
<enum>
(1)
</enum>
<text>
knowingly conducted or facilitated a significant transaction involving the currency of a country other than the country in which the person is operating at the time of the transaction with, for, or on behalf of—
</text>
<subparagraph id="H4FB5B10FDAD949AE82FD90938CAD936F">
<enum>
(A)
</enum>
<text>
the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701 et seq.
</external-xref>
); or
</text>
</subparagraph>
<subparagraph id="HC1799A0F61514E39ADEC8CBD6FDF8119">
<enum>
(B)
</enum>
<text>
a person described in section 1244(c)(2) of the Iran Freedom and Counter-Proliferation Act (
<external-xref legal-doc="usc" parsable-cite="usc/22/8803">
22 U.S.C. 8803(c)(2)
</external-xref>
) (other than a person described in subparagraph (C)(iii) of that section); or
</text>
</subparagraph>
</paragraph>
<paragraph id="H540A3F5867F74D01AC65F239AAA0E06C">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
knowingly conducted or facilitated a significant transaction by another person involving the currency of a country other than the country in which that other person is operating at the time of the transaction, with, for, or on behalf of a person described in subparagraph (A) or (B) of paragraph (1).
</text>
</paragraph>
</subsection>
<subsection id="H78053A80B64B49438DBB1C68C4DB04CD">
<enum>
(c)
</enum>
<header>
Waiver
</header>
<paragraph id="HAFCF3995F42D458A8B67C951CF43EB92">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The President may waive the application of subsection (a) with respect to a person for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, if the President—
</text>
<subparagraph id="H0CCD0767AA49478CB6A3CAB29E6A8FD8">
<enum>
(A)
</enum>
<text>
determines that the waiver is vital to the national security of the United States; and
</text>
</subparagraph>
<subparagraph id="H2B37482C7D784A1AB77634005856A5F2">
<enum>
(B)
</enum>
<text>
not less than 7 days before the waiver or the renewal of the waiver, as the case may be, takes effect, submits a report to the appropriate congressional committees on the waiver and the reason for the waiver.
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H45EAD28048C74E9AA06D993B11F507FA">
<enum>
(2)
</enum>
<header>
Form of report
</header>
<text>
Each report submitted under paragraph (1)(B) shall be submitted in unclassified form but may include a classified annex.
</text>
</paragraph>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="H4252ECAE3A314A39A676FAE294EE78AE">
<enum>
(d)
</enum>
<header>
Rule of construction
</header>
<text>
Nothing in this section shall be construed to prohibit any person from, or authorize or require the imposition of sanctions with respect to any person for, conducting or facilitating any transaction in the currency of the country in which the person is operating at the time of the transaction for the sale of agricultural commodities, food, medicine, or medical devices.
</text>
</subsection>
<subsection id="H69BC2DAF24F74FE6A0F295B5741122E1">
<enum>
(e)
</enum>
<header>
Definitions
</header>
<text>
In this section:
</text>
<paragraph id="HAB63FB30657840858E744E75FDD0F21E">
<enum>
(1)
</enum>
<header>
Account; correspondent account; payable-through account
</header>
<text>
The terms
<term>
account
</term>
,
<term>
correspondent account
</term>
, and
<term>
payable-through account
</term>
have the meanings given those terms in
<external-xref legal-doc="usc" parsable-cite="usc/31/5318A">
section 5318A
</external-xref>
of title 31, United States Code.
</text>
</paragraph>
<paragraph id="H081F0C88D4FC4C47A39CEDB3C6DEA93C">
<enum>
(2)
</enum>
<header>
Agricultural commodity
</header>
<text>
The term
<term>
agricultural commodity
</term>
has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (
<external-xref legal-doc="usc" parsable-cite="usc/7/5602">
7 U.S.C. 5602
</external-xref>
).
</text>
</paragraph>
<paragraph id="HA40EB4A1F72A459B916E96AC07C97FFB">
<enum>
(3)
</enum>
<header>
Foreign financial institution
</header>
<text>
The term
<term>
foreign financial institution
</term>
has the meaning given that term in
<external-xref legal-doc="regulation" parsable-cite="cfr/31/561.308">
section 561.308
</external-xref>
of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
</text>
</paragraph>
<paragraph id="H140800EE94E24B99B709D0D2AC49755E">
<enum>
(4)
</enum>
<header>
Iranian financial institution
</header>
<text>
The term
<term>
Iranian financial institution
</term>
has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8513b">
22 U.S.C. 8513b(d)
</external-xref>
).
</text>
</paragraph>
<paragraph id="HDC7010716619407195BA3BA3E680BA6D">
<enum>
(5)
</enum>
<header>
Medical device
</header>
<text>
The term
<term>
medical device
</term>
has the meaning given the term
<term>
device
</term>
in section 201 of the Federal Food, Drug, and Cosmetic Act (
<external-xref legal-doc="usc" parsable-cite="usc/21/321">
21 U.S.C. 321
</external-xref>
).
</text>
</paragraph>
<paragraph id="HD86F3E7236864B36B5DB2B73DE9F0393">
<enum>
(6)
</enum>
<header>
Medicine
</header>
<text>
The term
<term>
medicine
</term>
has the meaning given the term
<term>
drug
</term>
in section 201 of the Federal Food, Drug, and Cosmetic Act (
<external-xref legal-doc="usc" parsable-cite="usc/21/321">
21 U.S.C. 321
</external-xref>
).
</text>
</paragraph>
<paragraph id="H52FEBF35F6284244A3C19D5625E544DD">
<enum>
(7)
</enum>
<header>
Transaction
</header>
<text>
The term
<term>
transaction
</term>
includes a foreign exchange swap, a foreign exchange forward, and any other type of similar currency exchange or conversion or similar derivative instrument.
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HBA76D43976BD4C88B0A38CEDB7C72D17">
<enum>
(b)
</enum>
<header>
Conforming amendments
</header>
<paragraph id="H045A542FA6D24FBF81833185A515EAD6">
<enum>
(1)
</enum>
<header>
Implementation
</header>
<text>
Section 601(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8781">
22 U.S.C. 8781(a)(1)
</external-xref>
) is amended by inserting
<quote>
220A,
</quote>
after
<quote>
220,
</quote>
.
</text>
</paragraph>
<paragraph id="HD3BCDFDA877F41DAABC1DBBDBDCBF0B9">
<enum>
(2)
</enum>
<header>
Penalties
</header>
<text>
Section 601(b)(2)(A) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/22/8781">
22 U.S.C. 8781(b)(2)(A)
</external-xref>
) is amended by striking
<quote>
and 220,
</quote>
and inserting
<quote>
220, and 220A,
</quote>
.
</text>
</paragraph>
<paragraph id="H3F99DC9A2ED2445BA26501A8EBD40DFD">
<enum>
(3)
</enum>
<header>
Termination
</header>
<text>
Section 605(a) of such Act (
<external-xref legal-doc="usc" parsable-cite="usc/22/8785">
22 U.S.C. 8785(a)
</external-xref>
) is amended by inserting
<quote>
220A,
</quote>
after
<quote>
220,
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HFEA9045943394131AFFBD1496764A192">
<enum>
(c)
</enum>
<header>
Clerical amendment
</header>
<text>
The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 220 the following:
</text>
<quoted-block display-inline="no-display-inline" id="HDBCE4EDAE16C47E4B51BAA0A3ACC4667" style="OLC">
<toc>
<toc-entry bold="off" level="section">
Sec. 220A. Imposition of sanctions with respect to certain transactions in foreign currencies.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HB95C33AB09D64EC7B62EAEDA7A7BEB25">
<enum>
(d)
</enum>
<header>
Effective date
</header>
<text>
The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after May 22, 2013.
</text>
</subsection>
</section>
<section id="H6D359EA8A0B34F1B8A272B935E3A048E">
<enum>
215.
</enum>
<header>
Sanctions with respect to certain transactions with Iran
</header>
<subsection id="HD953F5D16C9B4717B1136AF85C49DF1C">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8721">
22 U.S.C. 8721 et seq.
</external-xref>
) is amended by adding at the end the following new section:
</text>
<quoted-block display-inline="no-display-inline" id="HECD922794BF14BA9A8E88BD28BD92DB0" style="OLC">
<section id="H2F79CEE7C9F548798E7A7C7027A8F922">
<enum>
225.
</enum>
<header>
Sanctions with respect to certain transactions with Iran
</header>
<subsection id="H7190D3E78AAE401B99A44CF3C4BD1809">
<enum>
(a)
</enum>
<header>
Authorization of sanctions
</header>
<paragraph id="HFCEF1722EA3B4E78861AF3061279C675">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Except as specifically provided in this section, the President may impose sanctions pursuant to the International Emergency Economic Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701 et seq.
</external-xref>
) on a foreign person that the President determines has, on or after the date that is 60 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly conducted or facilitated a significant financial transaction with the Central Bank of Iran or other Iranian financial institution that has been designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act, for—
</text>
<subparagraph id="H6274D0F9F8804A3C9E7E984A88914895">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the purchase of goods or services by a person in Iran or on behalf of a person in Iran; or
</text>
</subparagraph>
<subparagraph id="HF5A7A5D363B3436C8AC1033C63B72A33">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
the purchase of goods or services from a person in Iran or on behalf of a person in Iran.
</text>
</subparagraph>
</paragraph>
<paragraph id="H0C8A8F692B624E79A504A447088AB97E">
<enum>
(2)
</enum>
<header>
Rule of construction
</header>
<text display-inline="yes-display-inline">
Nothing in this section shall be construed to affect the imposition of sanctions with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran under section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/81">
Public Law 112–81
</external-xref>
; 125 Stat. 1648).
</text>
</paragraph>
</subsection>
<subsection id="H132B65AE70704138A6DD87D5BB2C47DE">
<enum>
(b)
</enum>
<header>
Exception for overall reductions of exports to and imports from Iran
</header>
<paragraph id="H330D06D085A4422BAF4C0B5EB99CB864">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
The President is authorized not to impose sanctions under subsection (a) on a foreign person if the President determines and submits to the appropriate congressional committees a report that contains a determination of the President that the country with primary jurisdiction over the foreign person has, during the time period described in paragraph (2), significantly reduced the value and volume of imports and exports of goods (other than petroleum or petroleum products) and services between such country and Iran.
</text>
</paragraph>
<paragraph id="HCD5F1E67068044EFA88813C9BD8A8B18">
<enum>
(2)
</enum>
<header>
Time period described
</header>
<text display-inline="yes-display-inline">
The time period referred to in paragraph (1) is the 60-day period ending on the date on which the President makes the determination under paragraph (1) as compared to the immediately preceding 60-day period.
</text>
</paragraph>
</subsection>
<subsection id="H4910600ADEDF424A8F5244B12D81993C">
<enum>
(c)
</enum>
<header>
Exception for sales of agricultural commodities, food, medicine and medical devices
</header>
<text>
The President may not impose sanctions under subsection (a) on a foreign person with respect to a transaction for the sale of agricultural commodities, food, medicine or medical devices to Iran.
</text>
</subsection>
<subsection id="H6FC8B209728C4BA7AC06C5AEAAFA870B">
<enum>
(d)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
In this section:
</text>
<paragraph id="HF3E9E564DB4C4BD5AB5C988C69E89E77">
<enum>
(1)
</enum>
<header>
Foreign person
</header>
<text display-inline="yes-display-inline">
The term
<term>
foreign person
</term>
has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (
<external-xref legal-doc="public-law" parsable-cite="pl/104/172">
Public Law 104–172
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701
</external-xref>
note).
</text>
</paragraph>
<paragraph id="H9842118ABD344E8DA020042442E13BC8">
<enum>
(2)
</enum>
<header>
Iranian financial institution
</header>
<text>
The term
<term>
Iranian financial institution
</term>
has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8513b">
22 U.S.C. 8513b(d)
</external-xref>
).
</text>
</paragraph>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H0FE710F1FE34458EAF0223637935A36C">
<enum>
(b)
</enum>
<header>
Clerical amendment
</header>
<text display-inline="yes-display-inline">
The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 224 the following:
</text>
<quoted-block display-inline="no-display-inline" id="H18B97B5DC0FB47EB83D28631B532C397" style="OLC">
<toc regeneration="no-regeneration">
<toc-entry level="section">
Sec. 225. Sanctions with respect to certain transactions with Iran.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
</subtitle>
<subtitle id="H3ED072B4BF944DF09ADE15B1BEBBED83">
<enum>
C
</enum>
<header>
Other matters
</header>
<section id="H4E38985F0AA04D33A9860C7175507FE6">
<enum>
221.
</enum>
<header>
Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions
</header>
<subsection commented="no" id="HA800CD19E38744C9A6C09FE7A1D55E95">
<enum>
(a)
</enum>
<header>
Exception to applicability of sanctions with respect to petroleum transactions
</header>
<text>
Section 1245(d)(4)(D)(i)(I) of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/81">
Public Law 112–81
</external-xref>
; 125 Stat. 1648;
<external-xref legal-doc="usc" parsable-cite="usc/22/8513a">
22 U.S.C. 8513a(d)(4)(D)(i)(I)
</external-xref>
) is amended—
</text>
<paragraph id="H6003B69400C8412E9EAA1C69D4EC8D6B">
<enum>
(1)
</enum>
<text>
by striking
<quote>
reduced reduced
</quote>
and inserting
<quote>
reduced
</quote>
;
</text>
</paragraph>
<paragraph id="H9F1F131E4E6A4B7784758E2EFE5A65F3">
<enum>
(2)
</enum>
<text>
by inserting
<quote>
value and
</quote>
before
<quote>
volume
</quote>
;
</text>
</paragraph>
<paragraph id="H57FCB464417A44A79E8C8DCAF23CADCF">
<enum>
(3)
</enum>
<text>
by inserting
<quote>
or of Iranian origin
</quote>
after
<quote>
from Iran
</quote>
; and
</text>
</paragraph>
<paragraph id="H1DC08D9868E840908C43DF7B728636C3">
<enum>
(4)
</enum>
<text>
by adding at the end before the semicolon the following:
<quote>
, and the President certifies in writing to Congress that the President has based such determination on accurate information on that country’s total purchases of crude oil from Iran or of Iranian origin
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HBD327838369446F88F04D5BE8FEB8F83">
<enum>
(b)
</enum>
<header>
Financial transactions described
</header>
<text>
Section 1245(d)(4)(D)(ii)(II) of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/81">
Public Law 112–81
</external-xref>
; 125 Stat. 1648) is amended—
</text>
<paragraph id="H1B19307B152F48908B01DBB8B70B7EB4">
<enum>
(1)
</enum>
<text>
by striking
<quote>
(II)
</quote>
and inserting
<quote>
(II)(aa)
</quote>
;
</text>
</paragraph>
<paragraph id="H6D8FBF226E4A48A197E106EDF8FF8FF8">
<enum>
(2)
</enum>
<text>
in item (aa) (as designated by paragraph (1) of this subsection), by striking the period at the end and inserting
<quote>
; and
</quote>
; and
</text>
</paragraph>
<paragraph id="HA5D31686ABD64E31B555718EFBA99606">
<enum>
(3)
</enum>
<text>
by adding at the end the following new item:
</text>
<quoted-block display-inline="no-display-inline" id="HDADF11BC32374893A416A6FFB1EBD168" style="OLC">
<item id="H26A32BD2155448E8872C41DF6150DCAD" indent="up1">
<enum>
(bb)
</enum>
<text display-inline="yes-display-inline">
the foreign financial institution holding the account described in item (aa) does not knowingly facilitate any significant financial transfers for, with, or on behalf of the Government of Iran, unless the transaction is excepted from sanctions under paragraph (2) or is a transaction described in subclause (I) and item (aa).
</text>
</item>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection commented="no" id="H58B5C17ADFF14122B28A6E57E3B2E57C">
<enum>
(c)
</enum>
<header>
Strategy to reduce crude oil purchases from Iran or of Iranian origin
</header>
<paragraph id="HE3D3B352F9BA4E62A31DE378BAC9A778">
<enum>
(1)
</enum>
<header>
Statement of policy
</header>
<text display-inline="yes-display-inline">
It is the policy of the United States to seek to ensure that countries that have received an exception under subparagraph (D)(i)(I) of section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/81">
Public Law 112–81
</external-xref>
; 125 Stat. 1648) shall reduce their crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subparagraph (E)(ii) of such section (as added by paragraph (2) of this subsection).
</text>
</paragraph>
<paragraph id="HBF249039A1644C36BA9620843EF17F8A">
<enum>
(2)
</enum>
<header>
Amendment
</header>
<text>
Section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="public-law" parsable-cite="pl/112/81">
Public Law 112–81
</external-xref>
; 125 Stat. 1648) is amended by adding at the end the following new subparagraph:
</text>
<quoted-block display-inline="no-display-inline" id="H89D34CC9DA3747979B383616A3CD9E3B" style="OLC">
<subparagraph id="HD8CBF337D4DB48F184DA03D1A56501BE">
<enum>
(E)
</enum>
<header>
Strategy to reduce crude oil purchases from Iran or of Iranian origin
</header>
<clause id="HB6FF1BB42D1C465EB2C7B3AF1D13DEDD">
<enum>
(i)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Not later than 30 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, the President shall make a determination, based on the information contained in the most recent report required under subparagraph (A), of whether each country that received an exception under subparagraph (D)(i)(I) before such date of enactment is able to reduce its crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in clause (ii). If the President makes an initial determination under this clause that the requirements of this clause cannot be met, then the President shall continue to make a determination under this clause every 90 days thereafter as to whether or not the requirements of this clause can be met.
</text>
</clause>
<clause id="HB14E2557AA9D492A86AE1BB7D50771B5">
<enum>
(ii)
</enum>
<header>
Strategy
</header>
<text display-inline="yes-display-inline">
If the President determines that the requirements of clause (i) can be met, then not later than 60 days after the date of such affirmative determination, the President shall develop and submit to the appropriate congressional committees a strategy to seek to ensure that the requirements of clause (i) are met by the end of the 1-year period beginning on such date of submission.
</text>
</clause>
<clause id="H896C5EC8DB144AE285C40D10386FCC07">
<enum>
(iii)
</enum>
<header>
Future exceptions
</header>
<subclause id="HDE02E83CFF424AD4B1C9BAA64F5FF497">
<enum>
(I)
</enum>
<header>
Affirmative determination
</header>
<text display-inline="yes-display-inline">
If the President determines that the strategy described in clause (ii) was achieved, then each country described in clause (i) shall be eligible to receive one or more further exceptions under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph.
</text>
</subclause>
<subclause id="H3F79470F9BAB44B08BFF6A80F5E3F155">
<enum>
(II)
</enum>
<header>
Negative determination
</header>
<text display-inline="yes-display-inline">
Except as provided in subclause (III), if the President determines that the strategy described in clause (ii) was not achieved, then each country described in clause (i) shall be ineligible to receive any further exception under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph.
</text>
</subclause>
<subclause id="H4CBD480806BE4E31AD193328D49CCCE9">
<enum>
(III)
</enum>
<header>
Exception
</header>
<item id="HAAF61EA649CF42669EC785C80E0E1CC5">
<enum>
(aa)
</enum>
<header>
In general
</header>
<text>
Subclause (II) shall not apply with respect to a country described in clause (i) if the country—
</text>
<subitem id="H35E5E8ECAE77433C8769B7553266A5D7">
<enum>
(AA)
</enum>
<text>
dramatically reduced its crude oil purchases from Iran or of Iranian origin during the 1-year period described in clause (ii); and
</text>
</subitem>
<subitem id="HAC632B13205946628032A51FC16CD7F8">
<enum>
(BB)
</enum>
<text display-inline="yes-display-inline">
has committed itself to continue to reduce its crude oil purchases from Iran or of Iranian origin to a de minimis level.
</text>
</subitem>
</item>
<item id="HAF6A6C5FC63A42C5867D8CC98CCB1B75">
<enum>
(bb)
</enum>
<header>
Data
</header>
<text>
The President shall submit to the appropriate congressional committees all data used to make a determination under item (aa) not later than 15 days before issuing an exception under item (aa).
</text>
</item>
</subclause>
</clause>
<clause id="H69880A7BECF14791B150B75F678822BF">
<enum>
(iv)
</enum>
<header>
Appropriate congressional committees
</header>
<text>
In this subparagraph, the term
<term>
appropriate congressional committees
</term>
means—
</text>
<subclause id="H1D3CAE34C9BB4E84A4794E912B78EC12">
<enum>
(I)
</enum>
<text>
the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and
</text>
</subclause>
<subclause id="HEDE4BEA3BA3A4AE3BE951FA9CC61D0A2">
<enum>
(II)
</enum>
<text>
the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.
</text>
</subclause>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="HAE0CF6F835AE4AFE914D18283CBBF7B6">
<enum>
(d)
</enum>
<header>
Definition of crude oil
</header>
<text>
Section 1245(d)(4)(D) of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8513a">
22 U.S.C. 8513a(d)(4)(D)
</external-xref>
) is amended by adding at the end the following new clause:
</text>
<quoted-block display-inline="no-display-inline" id="H2EA7E4F3665E4C76BA4AD6F2D07C867D" style="OLC">
<clause id="HC752A39C81304D628393854DF79844F2">
<enum>
(iii)
</enum>
<header>
Crude oil
</header>
<text display-inline="yes-display-inline">
In this subparagraph, the term
<quote>
crude oil
</quote>
includes unfinished oils, liquefied petroleum gases, distillate fuel oil, and residual fuel oil.
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HE09A1F27759D40B18D3CFE943BBBFFA9">
<enum>
(e)
</enum>
<header>
Waiver
</header>
<text>
Section 1245(d)(5)(A) of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8513a">
22 U.S.C. 8513a(d)(5)(A)
</external-xref>
) is amended by striking
<quote>
in the national
</quote>
and inserting
<quote>
vital to the national
</quote>
.
</text>
</subsection>
<subsection id="H5E4C6D9681414D22BC48580CAC50847C">
<enum>
(f)
</enum>
<header>
Definitions of
<quote>
significant reduction
</quote>
</header>
<text>
Section 1245(h)(3) of the National Defense Authorization Act for Fiscal Year 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8513a">
22 U.S.C. 8513a(h)(3)
</external-xref>
) is amended—
</text>
<paragraph id="H6FF29E43380F457ABCA697463A0891D6">
<enum>
(1)
</enum>
<text>
by striking
<quote>
price or volume
</quote>
and inserting
<quote>
price and volume
</quote>
; and
</text>
</paragraph>
<paragraph id="H3F90CA4D62A34AE68A31BA9D74640743">
<enum>
(2)
</enum>
<text>
by adding at the end before the period the following:
<quote>
and at least a pro rata amount totaling, in the aggregate, not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subsection (d)(4)(E)(ii)
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HC8F285AA97E4491AB80F74C7128720C2">
<enum>
(g)
</enum>
<header>
Effective date
</header>
<text display-inline="yes-display-inline">
The amendments made by this section take effect beginning on the date that is 180 days after the date of the enactment of this Act.
</text>
</subsection>
</section>
<section id="HB373A65F515E44B9BDC3579DE1CA2180">
<enum>
222.
</enum>
<header>
Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran
</header>
<subsection id="H1C554579B83A4A5BA193AE3C108C56F2">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text display-inline="yes-display-inline">
Subsection (a)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8803">
22 U.S.C. 8803
</external-xref>
) is amended by striking
<quote>
and shipbuilding
</quote>
and inserting
<quote>
shipbuilding, automotive, construction, engineering, or mining
</quote>
.
</text>
</subsection>
<subsection id="H38CD942DA0134EF39683400DCCEABB39">
<enum>
(b)
</enum>
<header>
Designation of ports, special economic zones, free economic zones, and entities in strategic sectors as entities of proliferation concern
</header>
<text display-inline="yes-display-inline">
Subsection (b) of such section is amended—
</text>
<paragraph id="HE2E93DC3A5654BBAAD63ADC2160EF70C">
<enum>
(1)
</enum>
<text>
in the subsection heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
and entities in the energy, shipping, and shipbuilding sectors
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
, special economic zones, free economic zones, and entities in strategic sectors
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="H163A6EA1ECA34CBA88F26BC45E686358">
<enum>
(2)
</enum>
<text>
by striking
<quote>
and entities in the energy, shipping, and shipbuilding sectors
</quote>
and inserting
<quote>
, entities that operate special economic zones or free economic zones, and entities in strategic sectors (as defined in subsection (c)(4))
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H56DC14321ECA49629274F174D6174E4F">
<enum>
(c)
</enum>
<header>
Blocking of property of ports, special economic zones, free economic zones, and entities in strategic sectors
</header>
<text display-inline="yes-display-inline">
Subsection (c) of such section is amended—
</text>
<paragraph id="HED6A63C5AE604108A5DCCE7A9E47FDE8">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
in the subsection heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
entities in energy, shipping, and shipbuilding sectors
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
ports, special economic zones, free economic zones, and entities in strategic sectors
</header-in-text>
</quote>
;
</text>
</paragraph>
<paragraph id="H79D6C78E6A1B4BD589E7EC66B54FB629">
<enum>
(2)
</enum>
<text>
in paragraph (2)—
</text>
<subparagraph id="HB868CD0F4BDC4349B21DF405ABF668BC">
<enum>
(A)
</enum>
<text>
by striking
<quote>
the energy, shipping, or shipbuilding sectors
</quote>
each place it appears and inserting
<quote>
a strategic sector (as defined in paragraph (4)(A))
</quote>
; and
</text>
</subparagraph>
<subparagraph id="HAB1D6E7C7B304DC09F751552541442CC">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
by inserting
<quote>
, special economic zone, or free economic zone
</quote>
after
<quote>
port
</quote>
each place it appears; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H834E6CA12F0F40D0A70C38F3522D3E04">
<enum>
(3)
</enum>
<text>
by adding at the end the following new paragraphs:
</text>
<quoted-block display-inline="no-display-inline" id="H029CA69DA7664B53A1FF2AB7E609DA81" style="OLC">
<paragraph id="H2B0203D8B5F54343A810855B481F348C">
<enum>
(4)
</enum>
<header>
Strategic sector defined
</header>
<text>
In this section, the term
<quote>
strategic sector
</quote>
means—
</text>
<subparagraph id="H764F4FD212604BE7A3B091AA571380C6">
<enum>
(A)
</enum>
<text>
the energy, shipping, shipbuilding, automotive, or mining sector of Iran;
</text>
</subparagraph>
<subparagraph id="HB84994D0CC554507935C55633E20BF96">
<enum>
(B)
</enum>
<text>
the construction or engineering sector of Iran if the President determines and reports to Congress not later than 45 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013 that the construction or engineering sector of Iran, as the case may be, is of strategic importance to Iran; and
</text>
</subparagraph>
<subparagraph id="H31D5E19438D44ED1A16AD35A7225B6A6">
<enum>
(C)
</enum>
<text>
any other sector that the President designates as of strategic importance to Iran.
</text>
</subparagraph>
</paragraph>
<paragraph id="H051DB06FB70749D6BABF7484C7FF8866">
<enum>
(5)
</enum>
<header>
Notification and report relating to strategic sectors
</header>
<subparagraph id="H357C8A4FA934401DA50461F63C4E3331">
<enum>
(A)
</enum>
<header>
Notification
</header>
<text display-inline="yes-display-inline">
The President shall submit to Congress a notification of the designation of a sector as a strategic sector of Iran for purposes of paragraph (4)(C) not later than 30 days after the date on which the President makes such designation.
</text>
</subparagraph>
<subparagraph id="H8F34F08E978C4F0EA4220922CF712438">
<enum>
(B)
</enum>
<header>
Report
</header>
<text display-inline="yes-display-inline">
Not later than 90 days after the date on which the President submits to Congress a notification of the designation of a sector as a strategic sector of Iran under subparagraph (A), the Comptroller General of the United States shall submit to Congress a report that contains—
</text>
<clause id="H7B01BD9F33B64884AD098260CAEE1DF7">
<enum>
(i)
</enum>
<text>
a review and comment on such designation; and
</text>
</clause>
<clause id="HA969ECCB5333414482EB1234F28A3132">
<enum>
(ii)
</enum>
<text>
recommendations regarding the designation of additional sectors as strategic sectors of Iran for purposes of paragraph (4).
</text>
</clause>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H7E2B9195EBE549C7807B72B2A589BF20">
<enum>
(d)
</enum>
<header>
Additional sanctions with respect to strategic sectors
</header>
<text>
Subsection (d) of such section is amended—
</text>
<paragraph id="H856B5120355D4D2181DE30EE67C07058">
<enum>
(1)
</enum>
<text>
in the subsection heading, by striking
<quote>
<header-in-text level="subsection" style="OLC">
the energy, shipping, and shipbuilding sectors
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="subsection" style="OLC">
strategic sectors
</header-in-text>
</quote>
; and
</text>
</paragraph>
<paragraph id="H509C9B7223104D8094693692D4D5DF0F">
<enum>
(2)
</enum>
<text>
in paragraph (3), by striking
<quote>
the energy, shipping, or shipbuilding sectors
</quote>
and inserting
<quote>
a strategic sector (as defined in subsection (c)(4)(A))
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HD2E5EBE1CAD54E8A947314C41149A528">
<enum>
(e)
</enum>
<header>
Exception for Afghanistan reconstruction
</header>
<text>
Subsection (f) of such section is amended—
</text>
<paragraph id="H3B63B4895F0F41D8A653E9432588C8D2">
<enum>
(1)
</enum>
<text>
in the matter preceding paragraph (1), by inserting
<quote>
for a period of not more than 1 year, and may renew that exception for additional periods of not more than 1 year
</quote>
after
<quote>
economic development for Afghanistan
</quote>
;
</text>
</paragraph>
<paragraph id="HE52F1B3AE1594ABEA11FC40DEE88434A">
<enum>
(2)
</enum>
<text>
in paragraph (1)—
</text>
<subparagraph id="H018B9460578D405DAAF2755FACB74133">
<enum>
(A)
</enum>
<text>
by striking
<quote>
to the extent that
</quote>
and inserting
<quote>
if
</quote>
;
</text>
</subparagraph>
<subparagraph id="HD94778194F4B4D5DB80640D472130B68">
<enum>
(B)
</enum>
<text>
by inserting
<quote>
or the renewal of the exception, as the case may be,
</quote>
after
<quote>
such an exception
</quote>
; and
</text>
</subparagraph>
<subparagraph id="H5EE5861EF43A48FA95FA16A8829F247E">
<enum>
(C)
</enum>
<text>
by striking
<quote>
in the national interest
</quote>
and inserting
<quote>
in the national security interest
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H8AB7031A6F7C4BE8B64D613644F07A41">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
in paragraph (2)—
</text>
<subparagraph id="HB0D00915D7D14FD3998F65A49F3FD1E5">
<enum>
(A)
</enum>
<text>
by inserting
<quote>
or the renewal of the exception, as the case may be,
</quote>
before
<quote>
not later than 15 days
</quote>
; and
</text>
</subparagraph>
<subparagraph commented="no" id="H601DF9B51DF745F1BEF917A05BF91B52">
<enum>
(B)
</enum>
<text>
by inserting at the end before the period the following:
<quote>
or the renewal of the exception
</quote>
.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HB92E9C9060EC4CDBA2CC43384E409616">
<enum>
(f)
</enum>
<header>
Conforming amendment
</header>
<text display-inline="yes-display-inline">
Such section is further amended in the section heading by striking
<quote>
<header-in-text level="section" style="OLC">
the energy, shipping, and shipbuilding sectors
</header-in-text>
</quote>
and inserting
<quote>
<header-in-text level="section" style="OLC">
ports, special economic zones, free economic zones, and strategic sectors
</header-in-text>
</quote>
.
</text>
</subsection>
<subsection id="H8C574191E56D4989ABE371FB3CB0326F">
<enum>
(g)
</enum>
<header>
Effective date
</header>
<text>
The amendments made by this section—
</text>
<paragraph id="HA2F7ECFA35644A0B83732BC4F27FEECF">
<enum>
(1)
</enum>
<text>
take effect on the date that is 90 days after the date of the enactment of this Act; and
</text>
</paragraph>
<paragraph id="H8F992993D245458D85727934E206DE04">
<enum>
(2)
</enum>
<subparagraph display-inline="yes-display-inline" id="H14C8A0B89176460EB655B5E4C823C6DD">
<enum>
(A)
</enum>
<text>
with respect to subsection (c) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, as so amended, apply with respect to all transactions in all property and interests in property of any person described in subsection (c)(2) of such section that occur on or after the date that is 180 days after such date of enactment; and
</text>
</subparagraph>
<subparagraph id="HDBBFEA8ED5A04B00BB78D6CB32C63114" indent="up1">
<enum>
(B)
</enum>
<clause display-inline="yes-display-inline" id="H303F50744A3F4EB490C156673FA9839E">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
with respect to subsection (d)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment; and
</text>
</clause>
<clause id="HD24715905DD841AB9964E39206EF780C" indent="up1">
<enum>
(ii)
</enum>
<text display-inline="yes-display-inline">
with respect to subsection (d)(2) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the conduct or facilitation of a significant financial transaction for the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment.
</text>
</clause>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="HA373143736B94CC892FCFF7F87AFF39C">
<enum>
223.
</enum>
<header>
Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran
</header>
<text display-inline="no-display-inline">
Section 1245 of the National Defense Authorization Act for Fiscal Year 2013 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8804">
22 U.S.C. 8804
</external-xref>
) is amended—
</text>
<paragraph id="H2B804EA4019E4D2597C08CDBEAB0AAF1">
<enum>
(1)
</enum>
<text>
by redesignating subsection (h) as subsection (i); and
</text>
</paragraph>
<paragraph id="H6E0F84B0B56946C1A37E9902AB2EA584">
<enum>
(2)
</enum>
<text>
by inserting after subsection (g) the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="HF4B4F5B1C35F4DB5959DB1F633D2CA43" style="OLC">
<subsection id="HFE3FEBE0062A47B48BB380B8C7EB77D4">
<enum>
(h)
</enum>
<header>
Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran
</header>
<paragraph id="HFD451CD275D647F799612D664DF17C51">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Not later than 90 days after the date of the enactment of Nuclear Iran Prevention Act of 2013, and every 90 days thereafter, the President shall submit to the appropriate congressional committees a report on each determination of the President during the preceding 90-day period not to impose sanctions under subsection (a) or (c) with respect to a person who allegedly sells, supplies, or transfers precious metals, directly or indirectly, to or from Iran, together with the reasons for such determination.
</text>
</paragraph>
<paragraph id="HCB169D6B38664D139AA78C23965AC71C">
<enum>
(2)
</enum>
<header>
Form
</header>
<text>
The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary.
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="HBF9FE674EB3C4E6A8BC1F23FEFB8D87E">
<enum>
224.
</enum>
<header>
Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals
</header>
<text display-inline="no-display-inline">
Section 1247 of the National Defense Authorization Act for Fiscal Year 2013 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8806">
22 U.S.C. 8806
</external-xref>
) is amended—
</text>
<paragraph id="H04388D64F9EA49DE9B46735688340CE3">
<enum>
(1)
</enum>
<text>
by redesignating subsection (f) as subsection (g); and
</text>
</paragraph>
<paragraph id="HDD2A38D3883241158743D4051051B86F">
<enum>
(2)
</enum>
<text>
by inserting after subsection (e) the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H21CAF37B7D714D9EB33A7D96A8C83BCA" style="OLC">
<subsection id="H1D40DC3586C34739AD03C84F409035EE">
<enum>
(f)
</enum>
<header>
Persons owned or controlled by specially designated nationals
</header>
<paragraph id="HDF397083586549A38E2319C949B55B1C">
<enum>
(1)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
The President shall impose sanctions described in subsection (a) with respect to a foreign financial institution, including but not limited to a foreign central bank, that the President determines has, on or after the date that is 90 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly facilitated a significant financial transaction on behalf of any person determined by the President to be directly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)).
</text>
</paragraph>
<paragraph id="H128B4F8834084891A35F2D2F8D96E594">
<enum>
(2)
</enum>
<header>
Sense of Congress
</header>
<text display-inline="yes-display-inline">
It is the sense of Congress that the President routinely should determine on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013 those persons that are directly or indirectly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)).
</text>
</paragraph>
<paragraph id="H277F6E103DDB42A1821098A9D3144FF5">
<enum>
(3)
</enum>
<header>
Consideration of data from other countries and nongovernmental organizations
</header>
<text>
The President shall consider credible data already obtained by other countries and nongovernmental organizations in making determinations described in paragraph (1).
</text>
</paragraph>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</section>
<section id="H7C56C7395F014D0C806033B14DA5567A">
<enum>
225.
</enum>
<header>
Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013
</header>
<text display-inline="no-display-inline">
Subtitle D of title XII of the National Defense Authorization Act for Fiscal Year 2013 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8801">
22 U.S.C. 8801 et seq.
</external-xref>
) is amended—
</text>
<paragraph id="H5B4DFB731FFD4D7EAE86F940DE031DAB">
<enum>
(1)
</enum>
<text>
in section 1244—
</text>
<subparagraph id="HCED448F61663436E95337B0DBA0CB7E5">
<enum>
(A)
</enum>
<text>
in subsection (c)(1)—
</text>
<clause id="HBF4E6D7DE0964974875A6CACB761D728">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
(1)
<header-in-text level="paragraph" style="OLC">
Blocking of property
</header-in-text>
.—
</quote>
and all that follows through
<quote>
On and after
</quote>
and inserting
<quote>
(1)
<header-in-text level="paragraph" style="OLC">
Blocking of property
</header-in-text>
.—On and after
</quote>
; and
</text>
</clause>
<clause id="H15FBF90A035D42E4BE1A5022AD07F3A3">
<enum>
(ii)
</enum>
<text>
by striking subparagraph (B); and
</text>
</clause>
</subparagraph>
<subparagraph id="H9DA2A292FE6741E89931C126C87A7CF5">
<enum>
(B)
</enum>
<text>
in subsection (d)(1)—
</text>
<clause id="HA8DBAB25885C46B8A5A9A006CEB9802A">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
(1)
<header-in-text level="paragraph" style="OLC">
Sale, supply, or transfer of certain goods and services
</header-in-text>
.—
</quote>
and all that follows through
<quote>
Except as provided
</quote>
and inserting
<quote>
(1)
<header-in-text level="paragraph" style="OLC">
Sale, supply, or transfer of certain goods and services
</header-in-text>
.—Except as provided
</quote>
; and
</text>
</clause>
<clause id="H4A56330C30164356B8F8AE0FA9BEC5CE">
<enum>
(ii)
</enum>
<text>
by striking subparagraph (B);
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H78ABDE0B2CF44E8388DF85BE4936E59A">
<enum>
(2)
</enum>
<text>
in section 1245(a)—
</text>
<subparagraph id="H1E8A4F708E0749E3939407AA7BF2762B">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
(a)
<header-in-text level="subsection" style="OLC">
sale, supply, or transfer of certain materials
</header-in-text>
.—
</quote>
and all that follows through
<quote>
The President
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
sale, supply, or transfer of certain materials
</header-in-text>
.—The President
</quote>
;
</text>
</subparagraph>
<subparagraph id="HD36E5C5DB7A2498FBFCDE3813F43FADD">
<enum>
(B)
</enum>
<text>
by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly);
</text>
</subparagraph>
<subparagraph id="HC14463821D5A48238A1758851E5184D5">
<enum>
(C)
</enum>
<text>
in paragraph (3)(B) (as redesignated)—
</text>
<clause id="H7D54788153474AAE8AC7C543D55C0591">
<enum>
(i)
</enum>
<text>
in clause (i), by striking
<quote>
subclause (I) of clause (i)
</quote>
and inserting
<quote>
clause (i) of subparagraph (A)
</quote>
;
</text>
</clause>
<clause id="H1DC2AD86BEE24122B8982119C28E4EC2">
<enum>
(ii)
</enum>
<text>
in clause (ii), by striking
<quote>
subclause (II) of that clause
</quote>
and inserting
<quote>
clause (ii) of that subparagraph
</quote>
; and
</text>
</clause>
<clause id="H4E04598A9DB6468094B6AE716591E7A8">
<enum>
(iii)
</enum>
<text display-inline="yes-display-inline">
in clause (iii), by striking
<quote>
subclause (III) of that clause
</quote>
and inserting
<quote>
clause (iii) of that subparagraph
</quote>
; and
</text>
</clause>
</subparagraph>
<subparagraph id="H868811E32ACB457BB7BDAD6D80904E61">
<enum>
(D)
</enum>
<text>
by striking
<quote>
(2)
<header-in-text level="paragraph" style="OLC">
exception
</header-in-text>
.—
</quote>
and all that follows through
<quote>
paragraph (1).
</quote>
; and
</text>
</subparagraph>
</paragraph>
<paragraph id="H0BBA381CD4B6444AAE7D6B88DFD96F9F">
<enum>
(3)
</enum>
<text>
in section 1246(a)—
</text>
<subparagraph id="H10BCADE210DF4693B5EDA2E8CD304773">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
by striking
<quote>
(a)
<header-in-text level="subsection" style="OLC">
imposition of sanctions
</header-in-text>
.—
</quote>
and all that follows through
<quote>
Except as provided
</quote>
and inserting
<quote>
(a)
<header-in-text level="subsection" style="OLC">
imposition of sanctions
</header-in-text>
.—Except as provided
</quote>
;
</text>
</subparagraph>
<subparagraph id="H52ABC794B0474D75A5B6A0E5B1321080">
<enum>
(B)
</enum>
<text>
by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); and
</text>
</subparagraph>
<subparagraph id="HAF9C57E29F3B48DD8F14A3D2AC886CFA">
<enum>
(C)
</enum>
<text>
by striking
<quote>
(2)
<header-in-text level="paragraph" style="OLC">
exception
</header-in-text>
.—
</quote>
and all that follows through
<quote>
paragraph (1).
</quote>
; and
</text>
</subparagraph>
</paragraph>
</section>
<section id="H708C067937FC40B59872C44F3ADB9056">
<enum>
226.
</enum>
<header>
Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran
</header>
<subsection id="H741E53484D1A408EA4BC9C0720C69090">
<enum>
(a)
</enum>
<header>
Modification of federal acquisition regulation
</header>
<text display-inline="yes-display-inline">
Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person under common ownership or control with the person, does not sell goods, services, or technology to, or conduct any other transaction with, Iran for which sanctions may be imposed under this Act.
</text>
</subsection>
<subsection id="H2B70531F865E4686820D62E945DE9AA4">
<enum>
(b)
</enum>
<header>
Remedies
</header>
<paragraph id="HFB873E414A3F4F4190C2C0DB2D70DEFE">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
If the head of an executive agency determines that a person has submitted a false certification under subsection (a) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this section becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations.
</text>
</paragraph>
<paragraph id="HB7CF57B6BF7A438281B27E16B2D0044A">
<enum>
(2)
</enum>
<header>
Inclusion on list of parties excluded from federal procurement and nonprocurement programs
</header>
<text>
The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under paragraph (1).
</text>
</paragraph>
</subsection>
<subsection id="HFC0B0E876B8A4ADDA1F0CCF382BA270F">
<enum>
(c)
</enum>
<header>
Rule of construction
</header>
<text>
This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (a).
</text>
</subsection>
<subsection id="HBDD2C858C0914A3AAC541D8C90634D3A">
<enum>
(d)
</enum>
<header>
Waivers
</header>
<paragraph id="HF1AA6B06E4724B21BCFB1089AC23E5D5">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
The President may on a case-by-case basis waive the requirement that a person make a certification under subsection (a) if the President determines and certifies in writing to the congressional committees described in paragraph (2) that it is essential to the national security interests of the United States to do so.
</text>
</paragraph>
<paragraph id="H63F1CC43C4304EDB8CC7C052523C0E1D">
<enum>
(2)
</enum>
<header>
Congressional committees described
</header>
<text display-inline="yes-display-inline">
The congressional committees referred to in paragraph (1) are—
</text>
<subparagraph id="H94FE94D458FC4730B8CA882BF0E8E44F">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Oversight and Government Reform of the House of Representatives; and
</text>
</subparagraph>
<subparagraph id="HFBF744B8B3264AE9B1D4D8592E92E2EB">
<enum>
(B)
</enum>
<text>
the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection commented="no" id="H0F1A38617CCA4CCE8AB609604B79A741">
<enum>
(e)
</enum>
<header>
Definitions
</header>
<text>
In this section:
</text>
<paragraph commented="no" display-inline="no-display-inline" id="HBB9B928A902E4E00AA4CEFA3088A5DC4">
<enum>
(1)
</enum>
<header>
Executive agency
</header>
<text display-inline="yes-display-inline">
The term
<term>
executive agency
</term>
has the meaning given that term in
<external-xref legal-doc="usc" parsable-cite="usc/41/133">
section 133
</external-xref>
of title 41, United States Code.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H9CF7953AA845472BA959847B3B3B15F6">
<enum>
(2)
</enum>
<header>
Federal Acquisition Regulation
</header>
<text display-inline="yes-display-inline">
The term
<term>
Federal Acquisition Regulation
</term>
means the regulation issued pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/41/1303">
section 1303(a)(1)
</external-xref>
of title 41, United States Code.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="HD429E318D3E34E45A8F46A11E100B63A">
<enum>
(f)
</enum>
<header>
Applicability
</header>
<text>
The revisions to the Federal Acquisition Regulation required under subsection (a) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of this Act.
</text>
</subsection>
</section>
<section id="HA8B394913C7E4D21BDE225F9F9BD233D">
<enum>
227.
</enum>
<header>
Conditions for entry and operation of vessels
</header>
<subsection id="H7454BCF15C4A4FE5B8BD7DF92E2DECCD">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
The Ports and Waterways Safety Act (
<external-xref legal-doc="usc" parsable-cite="usc/33/1221">
33 U.S.C. 1221 et seq.
</external-xref>
) is amended by adding at the end the following:
</text>
<quoted-block id="H0DE8EBF62BFA47E492DE1D13721FBB76" style="OLC">
<section id="HC6FF843AA34B4063A7CB0B2E39D582B0">
<enum>
16.
</enum>
<header>
Prohibition on entry and operation
</header>
<subsection id="H29C852E4C0484CDDB879988DD81EEE2F">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
No foreign vessel described in subsection (b) shall enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States.
</text>
</subsection>
<subsection id="H05157A88F6D54CF193486C0B88663488">
<enum>
(b)
</enum>
<header>
Vessels described
</header>
<text>
A vessel referred to in subsection (a) is a foreign vessel—
</text>
<paragraph id="H6257B83F5E1246D0A6E5E1676F358B40">
<enum>
(1)
</enum>
<text>
for which a Notice of Arrival is required to be filed under
<external-xref legal-doc="regulation" parsable-cite="cfr/33/160">
section 160
</external-xref>
of title 33, Code of Federal Regulations, as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013; and
</text>
</paragraph>
<paragraph id="H26E72A7E71784B919DCBD63CFDB54AA2">
<enum>
(2)
</enum>
<text>
that is knowingly registered, pursuant to the Geneva Convention on the High Seas (13 U.S.T. 2312; TIAS 5200; 450 UNTS 82), by a ship registry that is maintaining a registration of a vessel that is included in the list published under subsection (c).
</text>
</paragraph>
</subsection>
<subsection id="H2983C9E607A142A2BE67FDA31830AFBD">
<enum>
(c)
</enum>
<header>
Notification of governments
</header>
<text>
The Secretary of Transportation, in consultation with the Secretary of State, shall—
</text>
<paragraph id="H88CAB5729F7542CBB02C9B0D9247FCF8">
<enum>
(1)
</enum>
<text>
maintain timely information on registrations of all foreign vessels over 300 gross tons that are—
</text>
<subparagraph id="HCE8C99529D9547ADBE8D63D87B8A266A">
<enum>
(A)
</enum>
<text>
owned or operated by or on behalf of—
</text>
<clause id="H1E28EBF7670F48DAA1139D10BAF03CEF">
<enum>
(i)
</enum>
<text>
the National Iran Tanker Company or the Islamic Republic of Iran Shipping Line; or
</text>
</clause>
<clause id="H1871DF5F310E4E09843E0AF306B446C5">
<enum>
(ii)
</enum>
<text>
any successor to an entity referred to in clause (i); or
</text>
</clause>
</subparagraph>
<subparagraph id="H95F9DDA7221746E98FCE491F99911F49">
<enum>
(B)
</enum>
<text>
otherwise owned or operated by or on behalf of Iran;
</text>
</subparagraph>
</paragraph>
<paragraph id="HF9CF420A4535424E97DC5BDDDAB0ABD7">
<enum>
(2)
</enum>
<text>
notify each government the agents or instrumentalities of which are maintaining a registration of a foreign vessel described in paragraph (1), that all vessels registered under such government’s authority are prohibited from entering or operating in the navigable waters of the United States or transferring cargo in any port or place under the jurisdiction of the United States; and
</text>
</paragraph>
<paragraph id="HEA9D9A1D0FC942B3984339E99E455282">
<enum>
(3)
</enum>
<text>
publish in the Federal Register a list of vessels described in paragraph (1), including periodic updates of such list.
</text>
</paragraph>
</subsection>
<subsection id="H018EECA5C35C46678C3B9BC5344093CD">
<enum>
(d)
</enum>
<header>
Notification of vessels
</header>
<paragraph id="H91CC90F159C9467591B4EB39319258FD">
<enum>
(1)
</enum>
<header>
In general
</header>
<text>
Except as provided in paragraphs (2) and (3), upon receiving a Notice of Arrival under
<external-xref legal-doc="regulation" parsable-cite="cfr/33/160">
section 160
</external-xref>
of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013) from a vessel described in (b), the Secretary shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States.
</text>
</paragraph>
<paragraph id="HCF90C65CF3484594BF5DD3D2463F8357">
<enum>
(2)
</enum>
<header>
Provisional entry
</header>
<text>
The Secretary may allow provisional entry of, or transfer of cargo from, a foreign vessel described in subsection (b) if such entry or transfer is necessary for the safety of the vessel or persons aboard.
</text>
</paragraph>
<paragraph commented="no" id="HB8D29BE3EE0646379A6158A2663B526B">
<enum>
(3)
</enum>
<header>
Entry for due diligence
</header>
<text>
The Secretary may allow entry of, and transfer of cargo from, a vessel described in subsection (b) if the master shows the owner and operator of the vessel exercised due diligence to avoid registration of the vessel by a registry that registers vessels described in subsection (c).
</text>
</paragraph>
</subsection>
<subsection id="HA0BFB0F4A08D4F8FA82FC714B694125C">
<enum>
(e)
</enum>
<header>
Right of innocent passage
</header>
<text>
This section shall not be construed as authority to restrict the right of innocent passage as recognized under international law.
</text>
</subsection>
<subsection id="H8CF438902E204945B655B42F7242A162">
<enum>
(f)
</enum>
<header>
Foreign vessel defined
</header>
<text>
In this section the term
<quote>
foreign vessel
</quote>
has the meaning given that term in
<external-xref legal-doc="usc" parsable-cite="usc/46/2101">
section 2101
</external-xref>
of title 46, United States Code.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HDBDA6556178F4137867D5BD4FA39744F">
<enum>
(b)
</enum>
<header>
Deadline for publication
</header>
<text>
The Secretary shall publish a list under section 16(c)(3) of the Ports and Waters Safety Act, as amended by this section, by not later than 30 days after the date of the enactment of this Act.
</text>
</subsection>
<subsection id="H43B5F4DB0FFE4F6B9345C672D593430A">
<enum>
(c)
</enum>
<header>
Limitation on application of prohibition
</header>
<text display-inline="yes-display-inline">
Subsection (a) of section 16 of the Ports and Waters Safety Act, as amended by this section, shall not apply until 90 days after the date of publication of the list required by subsection (c) of such section.
</text>
</subsection>
</section>
</subtitle>
</title>
<title id="H5AF1B9DF72A1462580854C557BB86E8F">
<enum>
III
</enum>
<header>
Additional authorities to prevent censorship activities in Iran
</header>
<section id="H3C4625E16AE540D4888229ED1FE76297">
<enum>
301.
</enum>
<header>
Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting
</header>
<subsection id="HD97873C973354B219675A59C18D7DEC8">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the following:
</text>
<paragraph id="HB36B151F716B4FC5BB8D749AE3A46114">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
The current status of availability of the Islamic Republic of Iran Broadcasting (IRIB) on international satellites, entities that facilitate its operation by providing services or equipment, and the technical means that it engages in jamming.
</text>
</paragraph>
<paragraph id="HC616BCA47F4C4A1A90C2D53812BC928D">
<enum>
(2)
</enum>
<text>
The instances, since January 1, 2012, in which the IRIB engaged in activities that violated Article 19 of the International Covenant on Civil and Political Rights, including broadcasting forced confessions and hate speech against minorities.
</text>
</paragraph>
<paragraph id="HF46D9470594C464A806FA46C449A3C48">
<enum>
(3)
</enum>
<text>
The instances, since January 1, 2012, in which international broadcasting programs originating from the United States and Europe have been subject to disruption in Iran, with relevant details such as which programs were disrupted, available location information on the origin of the disruption, and the extent of the disruption.
</text>
</paragraph>
</subsection>
<subsection id="HC6782F298A954B9384424E7A018B3BF3">
<enum>
(b)
</enum>
<header>
Coordination
</header>
<text display-inline="yes-display-inline">
In developing the report required by subsection (a), the Secretary of State shall coordinate with the Broadcasting Board of Governors, the Secretary of the Treasury, and the heads of other relevant Federal departments and agencies.
</text>
</subsection>
<subsection id="H61ACBED567DA48D3A432CA25B6C22170">
<enum>
(c)
</enum>
<header>
Public availability
</header>
<text display-inline="yes-display-inline">
All unclassified portions of the report required by subsection (a) shall be made publicly available on the Internet web site of the Department of State.
</text>
</subsection>
</section>
<section id="H9D842907081B4F8AB1B314DF7BFAEA00">
<enum>
302.
</enum>
<header>
List of persons who are high-risk re-exporters of sensitive technologies
</header>
<subsection id="H310A057FC49146AB83500865EFA09184">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Commerce, in conjunction with the Secretary of State and the Secretary of the Treasury, shall make publicly available and update as appropriate a list of persons who are high-risk re-exporters of sensitive technologies in order to seek to ensure that the Government of Iran or an entity owned or controlled by that Government is unable to obtain sensitive technologies through the re-export of such sensitive technologies by third-party intermediaries.
</text>
</subsection>
<subsection id="H7B2AA1DAEEDE46B08CF1792A05F5CEC4">
<enum>
(b)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
In this section, the term
<quote>
sensitive technology
</quote>
has the meaning given that term in section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8515">
22 U.S.C. 8515
</external-xref>
).
</text>
</subsection>
</section>
<section id="HD7BD534C40EE4F449E15959E7320A9D7">
<enum>
303.
</enum>
<header>
Sense of Congress on provision of intercept technologies to Iran
</header>
<text display-inline="no-display-inline">
It is the sense of Congress that—
</text>
<paragraph id="HCC3EF8E1F4544BCDBCB9132656000D3E">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
those that provide intercept technologies that limit freedom of speech or expression to the Government of Iran should be held accountable for the repression of the Iranian people; and
</text>
</paragraph>
<paragraph id="H85B2B5D083C84CC29D2BB20AA020A586">
<enum>
(2)
</enum>
<text>
no person should use an existing contract with the Government of Iran as a justification to continue to supply intercept technologies to the Government of Iran for purposes of restricting the free flow of information.
</text>
</paragraph>
</section>
<section id="H154A22AE930F4D26896755994425F986">
<enum>
304.
</enum>
<header>
Sense of Congress on availability of consumer communication technologies in Iran
</header>
<text display-inline="no-display-inline">
It is the sense of Congress that—
</text>
<paragraph id="HCF58C69C0ABC4872BAF7C91AF0EB4731">
<enum>
(1)
</enum>
<text>
the Department of the Treasury and Department of State should encourage the free flow of information in Iran to counter the Government of Iran’s repression of its own people; and
</text>
</paragraph>
<paragraph id="H0959ED70306C4EDD8E26C57E898A1FFC">
<enum>
(2)
</enum>
<text>
in order to facilitate the free flow of information in Iran, the Department of Treasury should ensure that certain consumer communication technologies are available to Iranian civil society and the Iranian people.
</text>
</paragraph>
</section>
<section id="H16D69FE72C094C5CA158F6AAAE905A5A">
<enum>
305.
</enum>
<header>
Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate
</header>
<subsection id="HDEA2402223254FBF8DDAEAC22E82C447">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8753">
22 U.S.C. 8753
</external-xref>
) is amended—
</text>
<paragraph id="H804AFD378F504AC8B9C857C7F4B82520">
<enum>
(1)
</enum>
<text>
by redesignating subsection (e) as subsection (f); and
</text>
</paragraph>
<paragraph id="HD5B5EDE8BDBA4A5D89FD7B081EDB4F37">
<enum>
(2)
</enum>
<text>
by inserting after subsection (d) the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H426F4C29D5C74DB19332FAF667AA627A" style="OLC">
<subsection id="HD4C6F79C2D924780A4F1E966DCEDB22C">
<enum>
(e)
</enum>
<header>
Rule of construction
</header>
<text display-inline="yes-display-inline">
The expedited process for the consideration of complete requests for authorization to engage in the activities described in subsection (a) shall be construed to also apply to the transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate, obtain information, and access the Internet and other communications systems.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
</subsection>
<subsection id="H903D366DD27D45648BB619C8248EA6D3">
<enum>
(b)
</enum>
<header>
Effective date
</header>
<text display-inline="yes-display-inline">
The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to requests described in section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012, as so amended, that are submitted to the Office of Foreign Assets Control on or after such date of enactment.
</text>
</subsection>
</section>
</title>
<title id="H0586ECE38A334129B708ED2BC76B411A">
<enum>
IV
</enum>
<header>
Reports and other matters
</header>
<section id="HC829778A18AA467BAF9C1CE43519CB70">
<enum>
401.
</enum>
<header>
National Strategy on Iran
</header>
<subsection id="HFB111BB1C638414D8A0EE32FE14EA530">
<enum>
(a)
</enum>
<header>
National strategy required
</header>
<text>
The President shall develop a strategy, to be known as the
<quote>
National Strategy on Iran
</quote>
, that provides strategic guidance for activities that support the objective of addressing the threats posed by Iran.
</text>
</subsection>
<subsection id="H54618CF5FA3649048D0D25F62C558B10">
<enum>
(b)
</enum>
<header>
Annual report
</header>
<text display-inline="yes-display-inline">
Not later than 180 days after the date of the enactment of this Act or January 30, 2014, whichever occurs first, and every January 30 thereafter, the President shall submit to the appropriate congressional committees the National Strategy on Iran required under subsection (a).
</text>
</subsection>
<subsection id="HA354D46B4EC24BB6AC63AAED7C38711E">
<enum>
(c)
</enum>
<header>
Matters To be included
</header>
<text>
The report required under subsection (b) shall include, at a minimum, the following:
</text>
<paragraph id="HAFD90DCD9A724E7BA6094A363DA814AE">
<enum>
(1)
</enum>
<text>
A description of Iran’s grand strategy and security strategy, including strategic objectives, and the security posture and objectives of Iran.
</text>
</paragraph>
<paragraph id="H7F917AFE7705403D954B7DF49E41B1F9">
<enum>
(2)
</enum>
<text>
A description of the United States strategy to—
</text>
<subparagraph id="HC8437B55A21F4FF9A77EE8DE7324A0C7">
<enum>
(A)
</enum>
<text>
address and counter the capabilities of Iran’s conventional forces and Iran’s unconventional forces;
</text>
</subparagraph>
<subparagraph id="H3514F58478EF4589AE9E0F5AD19890B9">
<enum>
(B)
</enum>
<text>
disrupt and deny Iranian efforts to develop or augment capabilities related to nuclear, unconventional, and missile forces development;
</text>
</subparagraph>
<subparagraph id="H9640AD01E6464B68918D83B369CE30D7">
<enum>
(C)
</enum>
<text>
address the Government of Iran’s economic strategy to enable the objectives described in this subsection;
</text>
</subparagraph>
<subparagraph id="H643BC47C15C847A0A3BC0A6069AE4B0E">
<enum>
(D)
</enum>
<text>
exploit key vulnerabilities; and
</text>
</subparagraph>
<subparagraph id="H3930F622B2CB4839AC733F03D292C619">
<enum>
(E)
</enum>
<text display-inline="yes-display-inline">
combat Iranian efforts to suppress Internet freedom, including actions of the United States to—
</text>
<clause id="HEFF90809EF16412BBC530FA56E917AAF">
<enum>
(i)
</enum>
<text>
work to promote expanded Internet access for democracy activists in Iran;
</text>
</clause>
<clause id="H55DCCFC33C3C4181B88E8BBA68E25B8D">
<enum>
(ii)
</enum>
<text>
add a public diplomacy page to the United States’ virtual embassy in Iran; and
</text>
</clause>
<clause id="H3158BBEE3E5D4D44BCB2D25F0CF4B04F">
<enum>
(iii)
</enum>
<text>
leverage multilateral organizations committed to Internet connectivity in Iran.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H76910559C80243399FEEBD3ADB4B09A3">
<enum>
(3)
</enum>
<text>
An implementation plan for the United States strategy described in paragraph (2).
</text>
</paragraph>
</subsection>
<subsection id="H0837746AB7B64DA3A39E388DA74C3F1E">
<enum>
(d)
</enum>
<header>
Form
</header>
<text>
The report required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary.
</text>
</subsection>
<subsection id="H52FE31EAD6DD4D74B3F4084BE7DAC358">
<enum>
(e)
</enum>
<header>
Appropriate congressional committees
</header>
<text>
In this section, the term
<term>
appropriate congressional committees
</term>
means—
</text>
<paragraph id="H1409C336CEE642769CBD221C6C37D81F">
<enum>
(1)
</enum>
<text>
the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and
</text>
</paragraph>
<paragraph id="H70B1090536BD4D0E96B250C4671D7B91">
<enum>
(2)
</enum>
<text>
the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select Committee on Intelligence of the Senate.
</text>
</paragraph>
</subsection>
</section>
<section id="H9714E344F40D45E1960123FC2A26AD7F">
<enum>
402.
</enum>
<header>
Report on Iranian nuclear and economic capabilities
</header>
<subsection id="HD013B64648C64282A4FF98A1D0B75662">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the following:
</text>
<paragraph id="H52AAAFAB556B423FA43093C58760ABFF">
<enum>
(1)
</enum>
<text>
An estimate of the timeline for Iranian capabilities to develop nuclear weapons, including—
</text>
<subparagraph id="H28A990B09F324DD996BA857F5F1EF633">
<enum>
(A)
</enum>
<text>
an estimate of the period of time it would take Iran to produce enough weapons-grade uranium for a single implosion-type nuclear weapon, taking into account all known relevant technical data;
</text>
</subparagraph>
<subparagraph id="HADA10125ED0A43B6B7E542B28DBB1BCF">
<enum>
(B)
</enum>
<text>
an estimate of the period of time it would take Iran to produce sufficient separated plutonium for a single nuclear weapon;
</text>
</subparagraph>
<subparagraph id="HA5B9E101D070474BADFB0788BCF432D2">
<enum>
(C)
</enum>
<text>
a description of the assumptions underlying the estimates referred to in subparagraphs (A) and (B), and any information about developments that might alter or otherwise affect those assumptions;
</text>
</subparagraph>
<subparagraph id="H5B39935AE9C5406391F45B3C89551271">
<enum>
(D)
</enum>
<text>
an estimate of the date by which the periods of time referred to in subparagraphs (A) and (B) will be less than 45 days; and
</text>
</subparagraph>
<subparagraph id="H60A4F69B39E140679E5B3FB8BA6EA24D">
<enum>
(E)
</enum>
<text>
a description of any efforts by the United States to increase the frequency of inspections by the International Atomic Energy Agency of nuclear facilities in Iran.
</text>
</subparagraph>
</paragraph>
<paragraph id="H34CA8BE4BE0140368FEDDBB5C8A5A9F4">
<enum>
(2)
</enum>
<text>
An assessment of Iranian strategy and capabilities relating to development of nuclear weapons, including—
</text>
<subparagraph id="HD971D65A730A41D4A27D786F7318FDB9">
<enum>
(A)
</enum>
<text>
a summary and analysis of current nuclear weapons capabilities;
</text>
</subparagraph>
<subparagraph id="H29856AC3956144C7A8FD2EBC72D0D2A4">
<enum>
(B)
</enum>
<text>
an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran to develop its nuclear weapons capabilities;
</text>
</subparagraph>
<subparagraph id="HF5032CFF2CE640EB92351CB1BD800328">
<enum>
(C)
</enum>
<text>
a summary of the capabilities of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces;
</text>
</subparagraph>
<subparagraph id="H1AD925F1692F42A280D46AAA44E97FE1">
<enum>
(D)
</enum>
<text>
a detailed analysis of the effectiveness of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces as delivery systems for a nuclear device;
</text>
</subparagraph>
<subparagraph id="HEE4AA0E21A8A440084CE55D021EC96CA">
<enum>
(E)
</enum>
<text>
a description of all efforts of Iran to design and develop a nuclear weapon, including efforts to design or fit warheads, and any other possible military dimensions of the nuclear program of Iran; and
</text>
</subparagraph>
<subparagraph id="H671187BA752D42E5A93BC7C232C7A062">
<enum>
(F)
</enum>
<text>
an analysis of the procurement network, including the amount and sources of funding expended by Iran on programs to develop a nuclear weapons capability.
</text>
</subparagraph>
</paragraph>
<paragraph id="H8D9B18F735994CF7A003CFA5B2A2516C">
<enum>
(3)
</enum>
<text>
Projected economic effects of international sanctions on Iran, including—
</text>
<subparagraph id="HACF7E76C1700468DA505F39D4CCF38FF">
<enum>
(A)
</enum>
<text>
an estimate of the capital accounts, current accounts, and amounts of foreign exchange reserves (including access to foreign exchange reserves) of the Government of Iran, and other leading indicators of the status of the economy of Iran;
</text>
</subparagraph>
<subparagraph id="H01AF11E1D12A4D80A4D56D824338CB18">
<enum>
(B)
</enum>
<text>
an estimate of timelines with respect to macroeconomic viability of Iran, including the time by which the Government of Iran will exhaust its foreign exchange reserves;
</text>
</subparagraph>
<subparagraph id="H96900258E31649618A01235C1DA39D71">
<enum>
(C)
</enum>
<text>
an estimate of the date by which the reserves of the Central Bank of Iran will be insufficient for the Government of Iran to avoid a severe balance of payments crisis that prevents it from maintaining a functioning economy, including—
</text>
<clause id="HCCEC7E453A104C04B34183F8E578FA26">
<enum>
(i)
</enum>
<text>
the inflation rate, exchange rates, unemployment rate, and budget deficits in Iran; and
</text>
</clause>
<clause id="H7AB79E65EFFD4697A1F6488868473EDE">
<enum>
(ii)
</enum>
<text>
other leading macroeconomic indicators used by the International Monetary Fund, professional rating agencies, and other credible sources to assess the economic health of a country;
</text>
</clause>
</subparagraph>
<subparagraph id="HBF6A10EF06AF4C64A863A14E7D66A546">
<enum>
(D)
</enum>
<text>
a description of the assumptions underlying the estimate referred to in paragraph (3) and an indication of how changes in each of those assumptions could affect the estimate;
</text>
</subparagraph>
<subparagraph id="H48628FF271594BD091DE15316FE21099">
<enum>
(E)
</enum>
<text>
an assessment of the effect of sanctions imposed with respect to Iran on moving forward the date referred to in subparagraph (C); and
</text>
</subparagraph>
<subparagraph id="HD00F9FD1967A46C2B9351AD0FE5D3AEB">
<enum>
(F)
</enum>
<text>
a description of actions taken by the Government of Iran to delay the date referred to in subparagraph (C).
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HBF9815892665415BBBF5839126C02CCF">
<enum>
(b)
</enum>
<header>
Update
</header>
<text display-inline="yes-display-inline">
The President shall submit to the appropriate congressional committees an update of the report required by subsection (a) every 60 days after the date of submission of the report that includes any pertinent developments to Iranian nuclear or economic capabilities.
</text>
</subsection>
<subsection id="HCA71C7E4968C4647A24197640CF4966D">
<enum>
(c)
</enum>
<header>
Form
</header>
<text>
The report required under subsection (a) and the update required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary.
</text>
</subsection>
<subsection id="H435E7D3CCA9B4CE29FAF1045C44CA178">
<enum>
(d)
</enum>
<header>
Definitions
</header>
<text>
In this section:
</text>
<paragraph id="HA24D6DAD3D7149E889287E217084E7F8">
<enum>
(1)
</enum>
<header>
Appropriate congressional committees
</header>
<text>
The term
<quote>
appropriate congressional committees
</quote>
means—
</text>
<subparagraph id="HA1E0E768F55748899A648F22AA027378">
<enum>
(A)
</enum>
<text>
the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and
</text>
</subparagraph>
<subparagraph id="HAA92D13AF0FD42B2B37B5884B58BBA70">
<enum>
(B)
</enum>
<text>
the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate.
</text>
</subparagraph>
</paragraph>
<paragraph id="H43DF6430209741BA9AB50F64B03AAB2A">
<enum>
(2)
</enum>
<header>
Nuclear explosive device
</header>
<text>
The term
<quote>
nuclear explosive device
</quote>
means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT).
</text>
</paragraph>
</subsection>
</section>
<section id="H9F5A4FD088CF41B3835D749117BA1F16">
<enum>
403.
</enum>
<header>
Report on plausibility of expanding sanctions on Iranian oil
</header>
<subsection id="H7DCF439C1177413E8DE5AE718F40D6F9">
<enum>
(a)
</enum>
<header>
In general
</header>
<text>
Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report assessing the following:
</text>
<paragraph id="H85C10FF17C4D44B1BBCEF41E31CB1648">
<enum>
(1)
</enum>
<text>
Whether petroleum and petroleum products originating in and exported from Iran are refined and sold outside of Iran.
</text>
</paragraph>
<paragraph id="HD69B91600E0241DEBACB8A80F674DC17">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
Whether products that contain Iranian-origin petroleum or petroleum products as part of their contents are imported into the United States and, if any such products are imported into the United States, whether such importation violates the ban on importation into the United States of Iranian-origin petroleum or petroleum products.
</text>
</paragraph>
<paragraph id="HBA77B7767B944DBEA7E522F026C467DD">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
Whether it is feasible to ban the importation into the United States of products described in paragraph (2), regardless of whether the ban on importation into the United States of Iranian-origin petroleum or petroleum products applies to such products.
</text>
</paragraph>
</subsection>
<subsection id="H625D465CD65D4390B1E6EFD9822013FB">
<enum>
(b)
</enum>
<header>
Basis of report
</header>
<text>
The report required under subsection (a) may be based on publicly-available information and classified information. The information that is not classified information shall be made publically available.
</text>
</subsection>
<subsection id="H7EBDF156513B4E0D9EBA861B259036A8">
<enum>
(c)
</enum>
<header>
Appropriate congressional committees
</header>
<text>
In this section, the term
<quote>
appropriate congressional committees
</quote>
means—
</text>
<paragraph id="H1F1C451452AF496DB38349B6073CE4AB">
<enum>
(1)
</enum>
<text>
the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and
</text>
</paragraph>
<paragraph id="HAA29A9B8205C498487568AC497BB6A32">
<enum>
(2)
</enum>
<text>
the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate.
</text>
</paragraph>
</subsection>
</section>
<section id="HFB626D2A71D9466F88DC2D55AA2D6814">
<enum>
404.
</enum>
<header>
GAO report on Iranian strategy to evade current sanctions and other matters
</header>
<text display-inline="no-display-inline">
Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that—
</text>
<paragraph id="HCA6DA417ADEA44ACB2DFE8972077B9A9">
<enum>
(1)
</enum>
<text>
evaluates the strategy of the Government of Iran to evade current economic and financial sanctions; and
</text>
</paragraph>
<paragraph id="H21DE4F5BE8E8453DB61B5B6ACFC7C95F">
<enum>
(2)
</enum>
<text display-inline="yes-display-inline">
specifically evaluates the ability of Iran to successfully diversify its economy beyond its energy sector, thereby lessening the impact and effectiveness of economic and financial sanctions.
</text>
</paragraph>
</section>
<section id="H048171BFA3B0483A97B96F1C7383A610">
<enum>
405.
</enum>
<header>
Authority to consolidate reports required under Iran sanctions laws
</header>
<subsection id="HF40335E988A441C18D226D2290CF1840">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
Any or all reports required to be submitted to Congress under the provisions of law described in subsection (c) on or after the date of the enactment of this Act may, notwithstanding the deadline requirements for submission under such provisions of law, be consolidated into a single report that is submitted to Congress on an annual basis.
</text>
</subsection>
<subsection id="H633AD5BE3C2148D1A7BB3F173E8A35BD">
<enum>
(b)
</enum>
<header>
Exception
</header>
<text>
Subsection (a) shall not apply with respect to the initial report of any report described in subsection (a).
</text>
</subsection>
<subsection id="H3BE5008449134008B866F73E15B8399A">
<enum>
(c)
</enum>
<header>
Provisions of law described
</header>
<text>
The provisions of law referred to in this section are the following:
</text>
<paragraph id="HA08042E349F24C18AFC02D5124087C2C">
<enum>
(1)
</enum>
<text>
This Act and the amendments made by this Act.
</text>
</paragraph>
<paragraph id="HAABEA99704C94322AA6EA30386ED9F08">
<enum>
(2)
</enum>
<text>
The Iran Freedom and Counter-Proliferation Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8801">
22 U.S.C. 8801 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="H24311E975616499EA870DC16D9BAD4BE">
<enum>
(3)
</enum>
<text display-inline="yes-display-inline">
The Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8701">
22 U.S.C. 8701 et seq.
</external-xref>
).
</text>
</paragraph>
<paragraph id="H2E2E9D6DC9FB4AD680EA393F51CB9CB8">
<enum>
(4)
</enum>
<text display-inline="yes-display-inline">
The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8501">
22 U.S.C. 8501 et seq.
</external-xref>
).
</text>
</paragraph>
</subsection>
</section>
<section id="H8E5173CEF8EA4D25BFBC8AE5F5055D0B">
<enum>
406.
</enum>
<header>
Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012
</header>
<subsection id="H6248994A15494DAB99F44A6EDF84277D">
<enum>
(a)
</enum>
<header>
Iran Sanctions Act of 1996
</header>
<text display-inline="yes-display-inline">
Section 14(4)(B) of the Iran Sanctions Act of 1996 (
<external-xref legal-doc="public-law" parsable-cite="pl/104/172">
Public Law 104–172
</external-xref>
;
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701
</external-xref>
note) is amended by striking
<quote>
may include, in the discretion of the President
</quote>
and inserting
<quote>
includes
</quote>
.
</text>
</subsection>
<subsection id="H50BFDD2F8CFD4B6DA0C39C3A53F83B57">
<enum>
(b)
</enum>
<header>
Iran Threat Reduction and Syria Human Rights Act of 2012
</header>
<text>
Section 211 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (
<external-xref legal-doc="usc" parsable-cite="usc/22/8721">
22 U.S.C. 8721
</external-xref>
) is amended by adding at the end the following new subsection:
</text>
<quoted-block display-inline="no-display-inline" id="H99D288CFC939437E810A531FE89B29A1" style="OLC">
<subsection id="H53DB0AF83E95400480565E1D71BB9EB3">
<enum>
(f)
</enum>
<header>
Definition
</header>
<text display-inline="yes-display-inline">
In this section, the term
<quote>
appropriate congressional committees
</quote>
includes the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
</text>
</subsection>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H231C042EEB03487181E8C98214C0ACFB">
<enum>
407.
</enum>
<header>
Implementation; penalties
</header>
<subsection id="H3D52D11A676F48BFAFB310B719A9ED84">
<enum>
(a)
</enum>
<header>
Implementation
</header>
<text display-inline="yes-display-inline">
The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act and the amendments made by this Act.
</text>
</subsection>
<subsection id="HBA0DE58153A142188A9BF714EA896819">
<enum>
(b)
</enum>
<header>
Penalties
</header>
<text display-inline="yes-display-inline">
The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1705">
50 U.S.C. 1705
</external-xref>
) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any amendment made by this Act or regulations prescribed under this Act to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1705">
50 U.S.C. 1705(a)
</external-xref>
).
</text>
</subsection>
</section>
<section id="H9C56B97D8FCF4B9D852A144A75D4B123">
<enum>
408.
</enum>
<header>
Severability
</header>
<subsection id="HB398F6A0EA234C3DA4B238837B2C4AAB">
<enum>
(a)
</enum>
<header>
In general
</header>
<text display-inline="yes-display-inline">
If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected.
</text>
</subsection>
<subsection id="H3328AF1681924A4DABAA99E385E38699">
<enum>
(b)
</enum>
<header>
Effective date under section 214
</header>
<text display-inline="yes-display-inline">
If subsection (d) of section 214 is found to be unconstitutional in accordance with subsection (a), the amendments made by such section 214 take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after such date of enactment.
</text>
</subsection>
</section>
</title>
</legis-body>
<endorsement display="yes">
<action-date date="20130730">
July 30, 2013
</action-date>
<action-desc>
Reported from the
<committee-name added-display-style="italic" committee-id="HFA00" deleted-display-style="strikethrough">
Committee on Foreign Affairs
</committee-name>
with an amendment
</action-desc>
<action-date date="20130730">
July 30, 2013
</action-date>
<action-desc>
The Committees on
<committee-name committee-id="HJU00">
the Judiciary
</committee-name>
,
<committee-name committee-id="HBA00">
Financial Services
</committee-name>
,
<committee-name committee-id="HGO00">
Oversight and Government Reform
</committee-name>
, and
<committee-name committee-id="HWM00">
Ways and Means
</committee-name>
discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
</action-desc>
</endorsement>
</bill>
| IB Union Calendar No. 128 113th CONGRESS 1st Session H. R. 850 [Report No. 113–177, Part I] IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Royce (for himself, Mr. Engel , Ms. Ros-Lehtinen , Mr. Deutch , Mr. Poe of Texas , Mr. Sherman , Mr. Chabot , Mr. Connolly , Mr. Smith of New Jersey , Mr. Meeks , Mr. Wilson of South Carolina , Mr. Keating , Mr. McCaul , Mr. Cicilline , Mr. Salmon , Mr. Schneider , Mr. Duncan of South Carolina , Mr. Kennedy , Mr. Kinzinger of Illinois , Ms. Meng , Mr. Cotton , Ms. Frankel of Florida , Mr. Cook , Mr. Holding , Mr. Weber of Texas , Mr. Perry , Mr. Radel , Mr. Collins of Georgia , Mr. Meadows , Mr. Messer , Mr. Marino , Mr. Sires , Mr. Higgins , Mr. Vargas , Mr. Rohrabacher , Mr. Lowenthal , Mr. Stockman , and Ms. Gabbard ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on the Judiciary , Financial Services , Oversight and Government Reform , and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned July 30, 2013 Additional sponsors: Mr. Bilirakis , Mr. King of New York , Ms. Schwartz , Mr. Sam Johnson of Texas , Mr. Westmoreland , Mr. Murphy of Florida , Ms. Velázquez , Mr. Schiff , Mr. Schock , Mr. Ross , Mr. Yoho , Mr. Tipton , Ms. Titus , Mr. Bachus , Mr. Huizenga of Michigan , Mr. Murphy of Pennsylvania , Mr. Roskam , Mr. Frelinghuysen , Mr. Schweikert , Mr. Neugebauer , Mr. Long , Mr. Stivers , Ms. Hahn , Mr. Walden , Mr. Garrett , Mr. Walberg , Mr. Waxman , Mr. Quigley , Mr. Franks of Arizona , Ms. Bass , Mr. Diaz-Balart , Mr. Fincher , Mr. Hultgren , Mr. Pearce , Mr. Burgess , Mr. Rice of South Carolina , Mr. Brady of Pennsylvania , Mr. Markey , Mr. Barr , Mrs. Miller of Michigan , Mr. Luetkemeyer , Mr. Marchant , Mr. Grimm , Mr. Campbell , Mr. Hensarling , Mr. Swalwell of California , Mr. Ryan of Ohio , Mr. Roe of Tennessee , Mr. Heck of Nevada , Mr. Williams , Mr. Rodney Davis of Illinois , Mr. Ribble , Ms. Speier , Mr. Young of Florida , Mrs. Hartzler , Mr. Sensenbrenner , Mr. Meehan , Mr. Miller of Florida , Mr. Latta , Mr. Buchanan , Mr. Yoder , Mr. Nugent , Mr. Bridenstine , Mr. Gene Green of Texas , Mr. Al Green of Texas , Mr. Sarbanes , Mr. Andrews , Mr. LoBiondo , Mr. Michaud , Ms. Castor of Florida , Mr. Coffman , Mr. David Scott of Georgia , Mr. Fleischmann , Mr. Costa , Ms. Schakowsky , Mr. Chaffetz , Mr. Bishop of Utah , Mr. Culberson , Mr. Langevin , Mr. Kingston , Mrs. Ellmers , Mr. Bonner , Mr. Posey , Mr. Collins of New York , Ms. Sinema , Mr. Olson , Mr. Aderholt , Mr. Owens , Mr. Goodlatte , Mr. Braley of Iowa , Ms. Hanabusa , Mr. Pascrell , Mr. Takano , Mr. Matheson , Mr. Barber , Mrs. Lowey , Mr. Ruiz , Mr. Hastings of Florida , Mr. Griffin of Arkansas , Mr. Mullin , Mr. Lipinski , Mr. Pompeo , Mr. Rokita , Mr. Mulvaney , Mr. Pittenger , Mr. McKinley , Mr. Young of Indiana , Mr. Maffei , Mr. McKeon , Mr. Paulsen , Mr. Bishop of Georgia , Mr. McNerney , Mrs. Kirkpatrick , Mr. Amodei , Mr. Upton , Mr. Peters of Michigan , Mrs. Wagner , Mrs. Roby , Mr. McHenry , Mr. Smith of Texas , Mr. Sean Patrick Maloney of New York , Mr. Crawford , Mr. Harris , Mr. Tiberi , Mr. Peters of California , Ms. Foxx , Ms. Chu , Mr. Bentivolio , Mr. Cassidy , Mr. Daines , Mr. Veasey , Mr. Young of Alaska , Mr. Delaney , Mr. Gibbs , Mr. Hurt , Mr. Brooks of Alabama , Mr. Webster of Florida , Mr. Latham , Mr. Renacci , Mr. Reed , Mr. Forbes , Mr. Fitzpatrick , Mr. Lance , Mr. Womack , Mr. Schrader , Mr. Van Hollen , Mr. Mica , Mrs. Carolyn B. Maloney of New York , Mr. Crowley , Ms. Loretta Sanchez of California , Mr. Jeffries , Mr. Hunter , Ms. Duckworth , Mr. Graves of Missouri , Mr. Woodall , Mrs. McCarthy of New York , Mrs. Brooks of Indiana , Mr. Rigell , Mr. Kelly of Pennsylvania , Mr. Scalise , Mrs. Capito , Mr. Denham , Mr. Valadao , Mr. Southerland , Mr. Wenstrup , Mr. Bishop of New York , Ms. Jenkins , Mr. Wolf , Mr. Lamborn , Mr. Horsford , Mr. Flores , Mr. Runyan , Mr. Coble , Mr. Cartwright , Mrs. Black , Mr. Richmond , Mr. Crenshaw , Mr. Vela , Mr. DeSantis , Mr. Cleaver , Mr. Israel , Mrs. Lummis , Mrs. Davis of California , Mr. Himes , Mr. Reichert , Mr. Gosar , Mr. Duffy , Mr. Joyce , Mr. Gary G. Miller of California , Mr. Nunnelee , Mr. McClintock , Mr. Carter , Mr. Bera of California , Ms. Brownley of California , Mr. Barrow of Georgia , Mr. Barletta , Mr. Gibson , Mr. DesJarlais , Mr. Larsen of Washington , Mrs. Walorski , Mr. Fleming , Mr. Ben Ray Luján of New Mexico , Ms. Matsui , Mr. King of Iowa , Mr. Whitfield , Mr. LaMalfa , Mr. Enyart , Mr. Gutiérrez , Mrs. Bustos , Mr. Kilmer , Ms. Wasserman Schultz , Ms. Bonamici , Mr. Kline , Ms. Herrera Beutler , Mr. Larson of Connecticut , Mr. Heck of Washington , Mr. Pitts , Mr. Gardner , Mr. Cole , Mr. Gingrey of Georgia , Mr. Broun of Georgia , Ms. Eshoo , Mr. Price of Georgia , Mr. Issa , Mr. Pallone , Mr. Carney , Mr. Palazzo , Mr. Guthrie , Mr. Sessions , Mr. Garcia , Ms. Wilson of Florida , Ms. Brown of Florida , Mr. Lucas , Mr. Cohen , Ms. Linda T. Sánchez of California , Mr. Harper , Mr. Garamendi , Mr. Petri , Mr. Alexander , Mr. Rothfus , Mr. Perlmutter , Ms. DeLauro , Mr. Hoyer , Mr. Graves of Georgia , Mr. Hudson , Mr. Stewart , Mr. Johnson of Ohio , Mr. Rogers of Kentucky , Mr. Fattah , Mr. Foster , Mr. Ryan of Wisconsin , Mr. Gerlach , Mr. Nadler , Mr. Boustany , Mr. Cárdenas , Mr. Brady of Texas , Ms. DelBene , Mr. Smith of Washington , Ms. Fudge , Mr. Conaway , Mr. Stutzman , Mr. Calvert , Ms. Roybal-Allard , Ms. Esty , Mr. Hanna , Mrs. McMorris Rodgers , Mr. Hastings of Washington , Mr. Austin Scott of Georgia , Mr. Honda , Mr. Loebsack , Ms. Slaughter , Mr. Jordan , Mr. Terry , Mr. Polis , Mr. Pastor of Arizona , Mr. Rogers of Alabama , Mr. Hinojosa , Mr. Griffith of Virginia , Mr. Benishek , Mr. Barton , Mr. Kind , Mr. Payne , Mr. Bucshon , Ms. Sewell of Alabama , Mrs. Beatty , Mr. Cramer , Mr. Levin , Mr. Huelskamp , Mr. McIntyre , Mr. Smith of Nebraska , Mr. Lankford , Mr. Thompson of California , Mr. Grayson , Mr. Gowdy , Mr. Rangel , Mr. Holt , Mr. Huffman , Mr. Rooney , Mrs. Noem , Mr. Cuellar , Mrs. Bachmann , Mr. Thompson of Pennsylvania , Mr. Scott of Virginia , Mr. Lewis , Mr. Castro of Texas , Mr. Butterfield , Mr. Courtney , Mr. Thompson of Mississippi , Ms. DeGette , Mr. Cooper , Ms. Lofgren , Ms. Shea-Porter , Ms. Jackson Lee , Mr. Johnson of Georgia , Mr. Shimkus , Mr. Yarmuth , Mr. Fortenberry , Mr. Turner , Mrs. Blackburn , Mr. Wittman , Mr. Tonko , Mr. Neal , Ms. Kelly of Illinois , Mr. Smith of Missouri , Mr. Doyle , Ms. Kuster , Mr. Nolan , Mr. Gallego , Mr. Rahall , Mr. Ruppersberger , Mr. Dent , Ms. Granger , Mr. Shuster , Mr. Walz , Ms. Michelle Lujan Grisham of New Mexico , Ms. Tsongas , Mr. McCarthy of California , Mrs. Napolitano , Mr. Pocan , Mr. Simpson , and Mr. Danny K. Davis of Illinois July 30, 2013 Reported from the Committee on Foreign Affairs with an amendment Strike out all after the enacting clause and insert the part printed in italic July 30, 2013 The Committees on the Judiciary , Financial Services , Oversight and Government Reform , and Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on February 27, 2013 A BILL To impose additional human rights and economic and financial sanctions with respect to Iran, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Nuclear Iran Prevention Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and statement of policy. Title I—Human rights and terrorism sanctions Sec. 101. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran. Sec. 102. Prevention of diversion of certain goods, services and technologies to Iran. Sec. 103. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. Sec. 105. Sense of Congress on elections in Iran. Sec. 106. Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran. Title II—Economic and financial sanctions Subtitle A—Amendments to Iran Sanctions Act of 1996 Sec. 201. Imposition of sanctions relating to transportation of crude oil from Iran and certain imports and exports to and from Iran. Sec. 202. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium. Sec. 203. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities. Subtitle B—Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012 Sec. 211. Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran. Sec. 212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors. Sec. 213. Sense of Congress regarding the European Central Bank. Sec. 214. Imposition of sanctions with respect to certain transactions in foreign currencies. Sec. 215. Sanctions with respect to certain transactions with Iran. Subtitle C—Other matters Sec. 221. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions. Sec. 222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran. Sec. 223. Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran. Sec. 224. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals. Sec. 225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013. Sec. 226. Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran. Sec. 227. Conditions for entry and operation of vessels. Title III—Additional authorities to prevent censorship activities in Iran Sec. 301. Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting. Sec. 302. List of persons who are high-risk re-exporters of sensitive technologies. Sec. 303. Sense of Congress on provision of intercept technologies to Iran. Sec. 304. Sense of Congress on availability of consumer communication technologies in Iran. Sec. 305. Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate. Title IV—Reports and other matters Sec. 401. National Strategy on Iran. Sec. 402. Report on Iranian nuclear and economic capabilities. Sec. 403. Report on plausibility of expanding sanctions on Iranian oil. Sec. 404. GAO report on Iranian strategy to evade current sanctions and other matters. Sec. 405. Authority to consolidate reports required under Iran sanctions laws. Sec. 406. Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012. Sec. 407. Implementation; penalties. Sec. 408. Severability. 2. Findings and statement of policy (a) Findings Congress finds the following: (1) Iran’s acquisition of a nuclear weapons capability would— (A) embolden its already aggressive foreign policy, including its arming of terrorist organizations and other groups, its efforts to destabilize countries in the Middle East, and its efforts to target the United States, United States allies, and United States interests globally; (B) increase the risk that Iran would share its nuclear technology and expertise with extremist groups and rogue nations; (C) destabilize global energy markets, posing a direct and devastating threat to the American and global economy; and (D) likely lead other governments in the region to pursue their own nuclear weapons programs, increasing the prospect of nuclear proliferation throughout the region and effectively ending the viability of the global nonproliferation regime, including the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force on March 5, 1970. (2) A nuclear arms-capable Iran possessing intercontinental ballistic missiles, a development most experts expect could occur within a decade, would pose a direct nuclear threat to the United States. (b) Statement of policy It shall be the policy of the United States to prevent Iran from acquiring a nuclear weapons capability. I Human rights and terrorism sanctions 101. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran (a) In general Section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513(c)(2) ) is amended— (1) in subparagraph (D), by striking or at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (F) facilitates a significant transaction or transactions or provides significant financial services for— (i) a person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or 105C(a); or (ii) a person that exports sensitive technology to Iran and is subject to the prohibition on procurement contracts as described in section 106. . (b) Effective date The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to any activity described in subparagraph (F) of section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (as added by subsection (a)(3) of this section) initiated on or after the date that is 90 days after such date of enactment. (c) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a). 102. Prevention of diversion of certain goods, services and technologies to Iran (a) Definitions Section 301(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8541(1) ) is amended by striking knows or has reason to know and inserting knows, has reason to know, or should have known . (b) Identification of countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran Section 302(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8542(b) ) is amended— (1) in paragraph (1), by striking or at the end; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) that are— (A) items described in the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions); (B) items on the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions; (C) items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; (D) items on the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or (E) items on the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions. . (c) Destinations of diversion concern Section 303(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8543(c) ) is amended— (1) by striking Not later than and inserting the following: (1) In general Not later than ; and (2) by adding at the end the following new paragraph: (2) Additional measures The President may impose restrictions on United States foreign assistance or measures authorized under the International Emergency Economic Powers Act with respect to a country designated as a country of diversion concern if the President determines such restrictions or measures would prevent the transfer of United States-origin goods, services, and technology to Iran. . (d) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to countries identified in any update to the report that is required under section 302(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and submitted to Congress on or after such date of enactment. 103. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Subtitle A of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8741 et seq. ) is amended— (1) by redesignating section 304 as section 305; and (2) by inserting after section 303 the following new section: 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Not later than 30 days after the date of the enactment of this section, the Secretary of State shall determine if Iran’s Revolutionary Guard Corps meets the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (b) Affirmative determination If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps meets the criteria set forth under such section 219, the Secretary shall designate Iran’s Revolutionary Guard Corps as a foreign terrorist organization under such section 219. (c) Negative determination (1) In general If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps does not meet the criteria set forth under such section 219, the Secretary shall submit to the committees of Congress specified in subsection (e) a report that contains a detailed justification as to which criteria have not been met. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (d) Applicability of sanctions to Quds Force The sanctions applied to any entity designated as a foreign terrorist organization as set forth in such section 219 shall be applied to the Iran’s Revolutionary Guard Corps Quds Force. (e) Committees of Congress specified The committees of Congress specified in this subsection are the following: (1) The Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives. (2) The Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate. . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 304 and inserting the following: Sec. 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 305. Rule of construction. . 104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran (a) Finding and sense of Congress Section 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended to read as follows: (a) Finding and sense of Congress (1) Finding Congress finds that Iranian persons holding the following positions in the Government of Iran are ultimately responsible for and have and continue to knowingly order, control, direct and implement gross violations of the human rights of the Iranian people, the human rights of persons in other countries, censorship, and the diversion of food, medicine, medical devices, agricultural commodities and other goods intended for the Iranian people: (A) The Supreme Leader of Iran. (B) The President of Iran. (C) Members of the Council of Guardians. (D) Members of the Expediency Council. (E) The Minister of Intelligence and Security. (F) The Commander of the Iran’s Revolutionary Guard Corps. (G) The Commander of the Basij-e-Mostaz’afin. (H) The Commander of Ansar-e-Hezbollah. (I) The Commander of the Quds Force. (J) The Commander in Chief of the Police Force. (K) Senior officials or key employees of an organization described in any of subparagraphs (C) through (J) or in the Atomic Energy Organization of Iran, the Islamic Consultative Assembly of Iran, the Council of Ministers of Iran, the Assembly of Experts of Iran, the Ministry of Defense and Armed Forces Logistics of Iran, the Ministry of Justice of Iran, the Ministry of Interior of Iran, the prison system of Iran, or the judicial system of Iran. (2) Sense of Congress It is the sense of Congress that— (A) the President should include any Iranian person holding a position in the Government of Iran described in paragraph (1) on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8514(b) , 8514a(b), 8514b(b), or 8514c(b)); and (B) the President should impose sanctions on such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (b) Additional finding and sense of Congress Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Additional finding and sense of Congress (1) Finding Congress finds that other senior officials of the Government of Iran, its agencies and instrumentalities, also have and continue to knowingly order, control, direct, and implement gross violations of the human rights of the Iranian people and the human rights of persons in other countries. (2) Sense of Congress It is the sense of Congress that— (A) the President should investigate violations of human rights described in paragraph (1) to identify other senior officials of the Government of Iran that also have or continue to knowingly order, control, direct, and implement gross violations of human rights of the Iranian people and the human rights of persons in other countries; (B) the President should include any such official on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8514(b) , 8514a(b), 8514b(b), or 8514c(b)); and (C) the President should impose sanctions on any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (c) Report Section 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251), as redesignated by subsection (b) of this section, is amended— (1) by striking Not later than and inserting the following: (A) In general Not later than ; (2) by striking this Act and inserting the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years ; (3) by striking otherwise directing the commission of and inserting otherwise directing— (i) the commission of ; (4) by striking Iran. and inserting Iran; (ii) censorship or related activities with respect to Iran; or (iii) the diversion of goods, food, medicine, medical devices, and agricultural commodities, intended for the people of Iran. ; (5) by striking For any such person and inserting the following: (B) Requirement relating to persons not included For any such person ; and (6) by adding at the end the following new subparagraph: (C) Requirement relating to financial net worth For each such person described in subparagraph (A) and each such person described in subparagraph (B), the Secretary of State shall include in the report a description of the estimated net worth of the person. . (d) Conforming amendment The heading for section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended by striking committed against and all that follows and inserting , engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. . (e) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 401 and inserting the following: Sec. 401. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. . 105. Sense of Congress on elections in Iran (a) Findings Congress makes the following findings: (1) The Iranian people are systematically denied free, fair, and credible elections by the Government of the Islamic Republic of Iran. (2) The unelected and unaccountable Guardian Council disqualifies hundreds of qualified candidates, including women and most religious minorities, while the regime intimidates others into staying out of elections completely. (3) Voting inconsistencies, including an absence of international observers, and fraud are commonplace. (4) The 2009 presidential elections proved that the regime will engage in large scale vote-rigging to ensure a specific result. (5) The Iranian regime combines electoral manipulation with the ruthless suppression of dissent. Following the 2009 elections, peaceful demonstrators were met with violence by the regime’s security apparatus, including arbitrary detentions, beatings, kidnappings, rapes, and murders. (6) The electoral manipulation and human rights violations are in violation of the Government of Iran’s agreed to obligations under the United Nations International Covenant on Civil and Political Rights. (b) Sense of Congress It is the sense of the Congress that— (1) the Iranian people are deprived by their government of free, fair, and credible elections; (2) the United States should support freedom, human rights, civil liberties, and the rule of law in Iran, and elections that are free and fair, meet international standards, and allow independent international and domestic electoral observers unrestricted access to polling and counting stations; and (3) the United States should support the people of Iran in their peaceful calls for a representative and responsive democratic government that respects human rights, civil liberties, and the rule of law. 106. Sense of Congress on designation of a Special Coordinator for advancing human rights and political participation for women in Iran It is the sense of Congress that the Secretary of State should designate a Special Coordinator position in the Bureau of Near Eastern Affairs whose primary function is to facilitate cooperation across departments for the purpose of advancing human rights and political participation for women in Iran, as well as to prepare evidence and information to be used in identifying Iranian officials for designation as human rights violators for their involvement in violating the human rights of women in Iran. II Economic and financial sanctions A Amendments to Iran Sanctions Act of 1996 201. Imposition of sanctions relating to transportation of crude oil from Iran and certain imports and exports to and from Iran (a) In general Section 5(a)(7)(A) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended— (1) in clause (i)— (A) by striking a vessel that, on or after and inserting the following: a vessel that— (I) on or after ; and (B) by striking and at the end and inserting or ; and (C) by adding at the end the following: (II) (aa) knowingly transports to or from Iran any good if the importation to Iran or exportation from Iran, as the case may be, of that good is subject to sanctions under this Act; or (bb) knowingly engages in a vessel-to-vessel transfer of crude oil transported from Iran; ; (2) in clause (ii), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new clause: (iii) the person is a person who knowingly sells, leases, or otherwise facilitates the transfer of ownership of a vessel to the Government of Iran, or any agencies or affiliates thereof, for the purpose of transportation of crude oil from Iran to another country. . (b) Conforming amendment Section 5(a)(7) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended in the paragraph heading by striking from iran and inserting from iran and certain imports and exports to and from iran . (c) Effective date The amendments made by subsection (a) apply with respect to actions described in subclause (II) of section 5(a)(7)(A)(i) of the Iran Sanctions Act of 1996 (as added by such subsection) and actions described in clause (iii) of section 5(a)(7)(A) of the Iran Sanctions Act of 1996 (as added by such subsection), as the case may be, that occur on or after the date that is 90 days after the date of the enactment of this Act. 202. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium (a) In general Section 5(b)(2) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended by adding at the end the following new subparagraph: (C) Transfer to Iran of goods, services, or technology that can be used for mining or milling of uranium Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly transferred, on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013, to Iran goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium. . (b) Conforming amendment Section 5(b) of such Act is amended in the heading for paragraph (2) by adding at the end before the period the following: and other related activities . 203. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities Section 9(c)(1) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended— (1) by striking subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (B); and (3) in subparagraph (B) (as redesignated by paragraph (2) of this section)— (A) by striking or (B) each place it appears; and (B) by striking , as applicable . B Amendments to Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and Iran Threat Reduction and Syria Human Rights Act of 2012 211. Modifications to prohibition on procurement contracts with persons that export sensitive technology to Iran (a) Application to owners and subsidiaries Subsection (a) of section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( Public Law 111–195 ; 22 U.S.C. 8515 ) is amended— (1) by striking goods or services with a person and inserting the following: goods or services— (1) with a person ; (2) in paragraph (1), as added by paragraph (1) of this subsection, by striking the period at the end and inserting and inserting ; or ; and (3) by adding at the end the following new paragraph: (2) with respect to a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1). . (b) Sensitive technology defined Subsection (c)(1) of such section is amended by striking is to be used specifically and inserting has been designed or specifically modified . (c) Presidential determination and imposition of additional sanctions Such section, as so amended, is further amended by adding at the end the following new subsection: (e) Presidential determination and imposition of additional sanctions The President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) with respect to— (1) a person if the President determines that the person knowingly exports sensitive technology to Iran; or (2) a person acting on behalf of or at the direction of, or owned or controlled by, a person described in paragraph (1) or a person who owns or controls a person described in paragraph (1). . (d) Conforming amendment The heading of such section is amended by inserting and imposition of sanctions against after with . (e) Clerical amendment The table of contents for the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended by striking the item relating to section 106 and inserting the following: Sec. 106. Prohibition on procurement contracts with and imposition of sanctions against persons that export sensitive technology to Iran. . (f) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to exports of sensitive technology to Iran that occur on or after such date of enactment. 212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors (a) In general Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8532 ) is amended by striking subsections (a), (b), and (c) and inserting the following: (a) Sense of congress It is the sense of Congress that the United States should support the decision of any State or local government to divest from or prohibit the investment of assets of the State or local government, to prohibit the issuance of licenses to conduct business in the State or locality to, and to impose disclosure and transparency requirements on, a person that invests in or conducts transactions for or with a person or sector subject to sanctions with respect to Iran. (b) Authority Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d)— (1) to divest the assets of the State or local government from a person described in subsection (c); (2) to prohibit investment of the assets of the State or local government in any such person; (3) to prohibit the issuance of licenses to conduct business in the State or locality to any such person; or (4) to impose disclosure and transparency requirements on any such person. (c) Persons described A person described in this subsection is a person that invests in or engages in any transaction with or for any person engaged in any activity for which sanctions may be imposed under any provision of Federal law imposing sanctions with respect to Iran. . (b) Conforming amendments Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8532 ) is amended— (1) in subsection (d)(4), by striking engages in investment activities in Iran described in subsection (c) and inserting is a person described in subsection (c) ; (2) in subsection (f), by striking or (i) and inserting or (g) ; (3) by striking subsections (g) and (h) and by redesignating subsections (i) and (j) as subsections (g) and (h), respectively; and (4) in paragraph (1) of subsection (g), as redesignated by paragraph (3), by striking (determined without regard to subsection (c)) . (c) Effective date The amendments made by this section apply to measures adopted by State and local governments on or after the date of the enactment of this Act. 213. Sense of Congress regarding the European Central Bank (a) Findings Congress finds the following: (1) The Government of Iran, its agencies and instrumentalities, continue to have access to, and utilize, euro-denominated transactions, including for goods and services that are subject to sanctions imposed by the United States, the European Union and its member states and by the United Nations. (2) The Guidelines of the European Central Bank (Article 39(1)) states that: Participants shall be deemed to be aware of, and shall comply with, all obligations on them relating to legislation on data protection, prevention of money laundering and the financing of terrorism, proliferation-sensitive nuclear activities and the development of nuclear weapons delivery systems, in particular in terms of implementing appropriate measures concerning any payments debited or credited on their PM accounts. (3) United States and European convergence with respect to United States sanctions efforts toward the Government of Iran is a vital component of United States policy aimed at preventing the Government of Iran from acquiring a nuclear weapons capability. (b) Sense of Congress It is the sense of Congress that the President should continue to closely coordinate and cooperate with the European Union and its member states to restrict access to and use of the euro currency by the Government of Iran, its agencies and instrumentalities, for transactions with the exception of food, medicine, medical devices, and agricultural commodities. 214. Imposition of sanctions with respect to certain transactions in foreign currencies (a) Imposition of sanctions Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 et seq. ) is amended by inserting after section 220 the following: 220A. Imposition of sanctions with respect to certain transactions in foreign currencies (a) In general The President— (1) shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that is a person described in subsection (b); and (2) may impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) with respect to any other person described in subsection (b). (b) Person described A person described in this subsection is a person the President determines has— (1) knowingly conducted or facilitated a significant transaction involving the currency of a country other than the country in which the person is operating at the time of the transaction with, for, or on behalf of— (A) the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); or (B) a person described in section 1244(c)(2) of the Iran Freedom and Counter-Proliferation Act ( 22 U.S.C. 8803(c)(2) ) (other than a person described in subparagraph (C)(iii) of that section); or (2) knowingly conducted or facilitated a significant transaction by another person involving the currency of a country other than the country in which that other person is operating at the time of the transaction, with, for, or on behalf of a person described in subparagraph (A) or (B) of paragraph (1). (c) Waiver (1) In general The President may waive the application of subsection (a) with respect to a person for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, if the President— (A) determines that the waiver is vital to the national security of the United States; and (B) not less than 7 days before the waiver or the renewal of the waiver, as the case may be, takes effect, submits a report to the appropriate congressional committees on the waiver and the reason for the waiver. (2) Form of report Each report submitted under paragraph (1)(B) shall be submitted in unclassified form but may include a classified annex. (d) Rule of construction Nothing in this section shall be construed to prohibit any person from, or authorize or require the imposition of sanctions with respect to any person for, conducting or facilitating any transaction in the currency of the country in which the person is operating at the time of the transaction for the sale of agricultural commodities, food, medicine, or medical devices. (e) Definitions In this section: (1) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Agricultural commodity The term agricultural commodity has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5602 ). (3) Foreign financial institution The term foreign financial institution has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (4) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513b(d) ). (5) Medical device The term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (6) Medicine The term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (7) Transaction The term transaction includes a foreign exchange swap, a foreign exchange forward, and any other type of similar currency exchange or conversion or similar derivative instrument. . (b) Conforming amendments (1) Implementation Section 601(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8781(a)(1) ) is amended by inserting 220A, after 220, . (2) Penalties Section 601(b)(2)(A) of such Act ( 22 U.S.C. 8781(b)(2)(A) ) is amended by striking and 220, and inserting 220, and 220A, . (3) Termination Section 605(a) of such Act ( 22 U.S.C. 8785(a) ) is amended by inserting 220A, after 220, . (c) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 220 the following: Sec. 220A. Imposition of sanctions with respect to certain transactions in foreign currencies. . (d) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after May 22, 2013. 215. Sanctions with respect to certain transactions with Iran (a) In general Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 et seq. ) is amended by adding at the end the following new section: 225. Sanctions with respect to certain transactions with Iran (a) Authorization of sanctions (1) In general Except as specifically provided in this section, the President may impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) on a foreign person that the President determines has, on or after the date that is 60 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly conducted or facilitated a significant financial transaction with the Central Bank of Iran or other Iranian financial institution that has been designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act, for— (A) the purchase of goods or services by a person in Iran or on behalf of a person in Iran; or (B) the purchase of goods or services from a person in Iran or on behalf of a person in Iran. (2) Rule of construction Nothing in this section shall be construed to affect the imposition of sanctions with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran under section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648). (b) Exception for overall reductions of exports to and imports from Iran (1) In general The President is authorized not to impose sanctions under subsection (a) on a foreign person if the President determines and submits to the appropriate congressional committees a report that contains a determination of the President that the country with primary jurisdiction over the foreign person has, during the time period described in paragraph (2), significantly reduced the value and volume of imports and exports of goods (other than petroleum or petroleum products) and services between such country and Iran. (2) Time period described The time period referred to in paragraph (1) is the 60-day period ending on the date on which the President makes the determination under paragraph (1) as compared to the immediately preceding 60-day period. (c) Exception for sales of agricultural commodities, food, medicine and medical devices The President may not impose sanctions under subsection (a) on a foreign person with respect to a transaction for the sale of agricultural commodities, food, medicine or medical devices to Iran. (d) Definitions In this section: (1) Foreign person The term foreign person has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note). (2) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513b(d) ). . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 224 the following: Sec. 225. Sanctions with respect to certain transactions with Iran. . C Other matters 221. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions (a) Exception to applicability of sanctions with respect to petroleum transactions Section 1245(d)(4)(D)(i)(I) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648; 22 U.S.C. 8513a(d)(4)(D)(i)(I) ) is amended— (1) by striking reduced reduced and inserting reduced ; (2) by inserting value and before volume ; (3) by inserting or of Iranian origin after from Iran ; and (4) by adding at the end before the semicolon the following: , and the President certifies in writing to Congress that the President has based such determination on accurate information on that country’s total purchases of crude oil from Iran or of Iranian origin . (b) Financial transactions described Section 1245(d)(4)(D)(ii)(II) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648) is amended— (1) by striking (II) and inserting (II)(aa) ; (2) in item (aa) (as designated by paragraph (1) of this subsection), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new item: (bb) the foreign financial institution holding the account described in item (aa) does not knowingly facilitate any significant financial transfers for, with, or on behalf of the Government of Iran, unless the transaction is excepted from sanctions under paragraph (2) or is a transaction described in subclause (I) and item (aa). . (c) Strategy to reduce crude oil purchases from Iran or of Iranian origin (1) Statement of policy It is the policy of the United States to seek to ensure that countries that have received an exception under subparagraph (D)(i)(I) of section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648) shall reduce their crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subparagraph (E)(ii) of such section (as added by paragraph (2) of this subsection). (2) Amendment Section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648) is amended by adding at the end the following new subparagraph: (E) Strategy to reduce crude oil purchases from Iran or of Iranian origin (i) In general Not later than 30 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, the President shall make a determination, based on the information contained in the most recent report required under subparagraph (A), of whether each country that received an exception under subparagraph (D)(i)(I) before such date of enactment is able to reduce its crude oil purchases from Iran or of Iranian origin so that the aggregate amount of such purchases is reduced by not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in clause (ii). If the President makes an initial determination under this clause that the requirements of this clause cannot be met, then the President shall continue to make a determination under this clause every 90 days thereafter as to whether or not the requirements of this clause can be met. (ii) Strategy If the President determines that the requirements of clause (i) can be met, then not later than 60 days after the date of such affirmative determination, the President shall develop and submit to the appropriate congressional committees a strategy to seek to ensure that the requirements of clause (i) are met by the end of the 1-year period beginning on such date of submission. (iii) Future exceptions (I) Affirmative determination If the President determines that the strategy described in clause (ii) was achieved, then each country described in clause (i) shall be eligible to receive one or more further exceptions under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph. (II) Negative determination Except as provided in subclause (III), if the President determines that the strategy described in clause (ii) was not achieved, then each country described in clause (i) shall be ineligible to receive any further exception under subparagraph (D)(i)(I) in accordance with the provisions of such subparagraph. (III) Exception (aa) In general Subclause (II) shall not apply with respect to a country described in clause (i) if the country— (AA) dramatically reduced its crude oil purchases from Iran or of Iranian origin during the 1-year period described in clause (ii); and (BB) has committed itself to continue to reduce its crude oil purchases from Iran or of Iranian origin to a de minimis level. (bb) Data The President shall submit to the appropriate congressional committees all data used to make a determination under item (aa) not later than 15 days before issuing an exception under item (aa). (iv) Appropriate congressional committees In this subparagraph, the term appropriate congressional committees means— (I) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (II) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. . (d) Definition of crude oil Section 1245(d)(4)(D) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d)(4)(D) ) is amended by adding at the end the following new clause: (iii) Crude oil In this subparagraph, the term crude oil includes unfinished oils, liquefied petroleum gases, distillate fuel oil, and residual fuel oil. . (e) Waiver Section 1245(d)(5)(A) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d)(5)(A) ) is amended by striking in the national and inserting vital to the national . (f) Definitions of significant reduction Section 1245(h)(3) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(h)(3) ) is amended— (1) by striking price or volume and inserting price and volume ; and (2) by adding at the end before the period the following: and at least a pro rata amount totaling, in the aggregate, not less than an average of 1,000,000 barrels of crude oil per day by the end of the 1-year period beginning on the date of submission of the strategy described in subsection (d)(4)(E)(ii) . (g) Effective date The amendments made by this section take effect beginning on the date that is 180 days after the date of the enactment of this Act. 222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran (a) Findings Subsection (a)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8803 ) is amended by striking and shipbuilding and inserting shipbuilding, automotive, construction, engineering, or mining . (b) Designation of ports, special economic zones, free economic zones, and entities in strategic sectors as entities of proliferation concern Subsection (b) of such section is amended— (1) in the subsection heading, by striking and entities in the energy, shipping, and shipbuilding sectors and inserting , special economic zones, free economic zones, and entities in strategic sectors ; and (2) by striking and entities in the energy, shipping, and shipbuilding sectors and inserting , entities that operate special economic zones or free economic zones, and entities in strategic sectors (as defined in subsection (c)(4)) . (c) Blocking of property of ports, special economic zones, free economic zones, and entities in strategic sectors Subsection (c) of such section is amended— (1) in the subsection heading, by striking entities in energy, shipping, and shipbuilding sectors and inserting ports, special economic zones, free economic zones, and entities in strategic sectors ; (2) in paragraph (2)— (A) by striking the energy, shipping, or shipbuilding sectors each place it appears and inserting a strategic sector (as defined in paragraph (4)(A)) ; and (B) by inserting , special economic zone, or free economic zone after port each place it appears; and (3) by adding at the end the following new paragraphs: (4) Strategic sector defined In this section, the term strategic sector means— (A) the energy, shipping, shipbuilding, automotive, or mining sector of Iran; (B) the construction or engineering sector of Iran if the President determines and reports to Congress not later than 45 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013 that the construction or engineering sector of Iran, as the case may be, is of strategic importance to Iran; and (C) any other sector that the President designates as of strategic importance to Iran. (5) Notification and report relating to strategic sectors (A) Notification The President shall submit to Congress a notification of the designation of a sector as a strategic sector of Iran for purposes of paragraph (4)(C) not later than 30 days after the date on which the President makes such designation. (B) Report Not later than 90 days after the date on which the President submits to Congress a notification of the designation of a sector as a strategic sector of Iran under subparagraph (A), the Comptroller General of the United States shall submit to Congress a report that contains— (i) a review and comment on such designation; and (ii) recommendations regarding the designation of additional sectors as strategic sectors of Iran for purposes of paragraph (4). . (d) Additional sanctions with respect to strategic sectors Subsection (d) of such section is amended— (1) in the subsection heading, by striking the energy, shipping, and shipbuilding sectors and inserting strategic sectors ; and (2) in paragraph (3), by striking the energy, shipping, or shipbuilding sectors and inserting a strategic sector (as defined in subsection (c)(4)(A)) . (e) Exception for Afghanistan reconstruction Subsection (f) of such section is amended— (1) in the matter preceding paragraph (1), by inserting for a period of not more than 1 year, and may renew that exception for additional periods of not more than 1 year after economic development for Afghanistan ; (2) in paragraph (1)— (A) by striking to the extent that and inserting if ; (B) by inserting or the renewal of the exception, as the case may be, after such an exception ; and (C) by striking in the national interest and inserting in the national security interest ; and (3) in paragraph (2)— (A) by inserting or the renewal of the exception, as the case may be, before not later than 15 days ; and (B) by inserting at the end before the period the following: or the renewal of the exception . (f) Conforming amendment Such section is further amended in the section heading by striking the energy, shipping, and shipbuilding sectors and inserting ports, special economic zones, free economic zones, and strategic sectors . (g) Effective date The amendments made by this section— (1) take effect on the date that is 90 days after the date of the enactment of this Act; and (2) (A) with respect to subsection (c) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, as so amended, apply with respect to all transactions in all property and interests in property of any person described in subsection (c)(2) of such section that occur on or after the date that is 180 days after such date of enactment; and (B) (i) with respect to subsection (d)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment; and (ii) with respect to subsection (d)(2) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the conduct or facilitation of a significant financial transaction for the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment. 223. Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran Section 1245 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8804 ) is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: (h) Report on determinations not to impose sanctions on persons who allegedly sell, supply, or transfer precious metals to or from Iran (1) In general Not later than 90 days after the date of the enactment of Nuclear Iran Prevention Act of 2013, and every 90 days thereafter, the President shall submit to the appropriate congressional committees a report on each determination of the President during the preceding 90-day period not to impose sanctions under subsection (a) or (c) with respect to a person who allegedly sells, supplies, or transfers precious metals, directly or indirectly, to or from Iran, together with the reasons for such determination. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, if necessary. . 224. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals Section 1247 of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8806 ) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: (f) Persons owned or controlled by specially designated nationals (1) In general The President shall impose sanctions described in subsection (a) with respect to a foreign financial institution, including but not limited to a foreign central bank, that the President determines has, on or after the date that is 90 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly facilitated a significant financial transaction on behalf of any person determined by the President to be directly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)). (2) Sense of Congress It is the sense of Congress that the President routinely should determine on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013 those persons that are directly or indirectly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)). (3) Consideration of data from other countries and nongovernmental organizations The President shall consider credible data already obtained by other countries and nongovernmental organizations in making determinations described in paragraph (1). . 225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013 Subtitle D of title XII of the National Defense Authorization Act for Fiscal Year 2013 ( 22 U.S.C. 8801 et seq. ) is amended— (1) in section 1244— (A) in subsection (c)(1)— (i) by striking (1) Blocking of property .— and all that follows through On and after and inserting (1) Blocking of property .—On and after ; and (ii) by striking subparagraph (B); and (B) in subsection (d)(1)— (i) by striking (1) Sale, supply, or transfer of certain goods and services .— and all that follows through Except as provided and inserting (1) Sale, supply, or transfer of certain goods and services .—Except as provided ; and (ii) by striking subparagraph (B); (2) in section 1245(a)— (A) by striking (a) sale, supply, or transfer of certain materials .— and all that follows through The President and inserting (a) sale, supply, or transfer of certain materials .—The President ; (B) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); (C) in paragraph (3)(B) (as redesignated)— (i) in clause (i), by striking subclause (I) of clause (i) and inserting clause (i) of subparagraph (A) ; (ii) in clause (ii), by striking subclause (II) of that clause and inserting clause (ii) of that subparagraph ; and (iii) in clause (iii), by striking subclause (III) of that clause and inserting clause (iii) of that subparagraph ; and (D) by striking (2) exception .— and all that follows through paragraph (1). ; and (3) in section 1246(a)— (A) by striking (a) imposition of sanctions .— and all that follows through Except as provided and inserting (a) imposition of sanctions .—Except as provided ; (B) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); and (C) by striking (2) exception .— and all that follows through paragraph (1). ; and 226. Termination of government contracts with persons who sell goods, services, or technology to, or conduct any other transaction with, Iran (a) Modification of federal acquisition regulation Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person under common ownership or control with the person, does not sell goods, services, or technology to, or conduct any other transaction with, Iran for which sanctions may be imposed under this Act. (b) Remedies (1) In general If the head of an executive agency determines that a person has submitted a false certification under subsection (a) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this section becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations. (2) Inclusion on list of parties excluded from federal procurement and nonprocurement programs The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under paragraph (1). (c) Rule of construction This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (a). (d) Waivers (1) In general The President may on a case-by-case basis waive the requirement that a person make a certification under subsection (a) if the President determines and certifies in writing to the congressional committees described in paragraph (2) that it is essential to the national security interests of the United States to do so. (2) Congressional committees described The congressional committees referred to in paragraph (1) are— (A) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Oversight and Government Reform of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate. (e) Definitions In this section: (1) Executive agency The term executive agency has the meaning given that term in section 133 of title 41, United States Code. (2) Federal Acquisition Regulation The term Federal Acquisition Regulation means the regulation issued pursuant to section 1303(a)(1) of title 41, United States Code. (f) Applicability The revisions to the Federal Acquisition Regulation required under subsection (a) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of this Act. 227. Conditions for entry and operation of vessels (a) In general The Ports and Waterways Safety Act ( 33 U.S.C. 1221 et seq. ) is amended by adding at the end the following: 16. Prohibition on entry and operation (a) In general No foreign vessel described in subsection (b) shall enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States. (b) Vessels described A vessel referred to in subsection (a) is a foreign vessel— (1) for which a Notice of Arrival is required to be filed under section 160 of title 33, Code of Federal Regulations, as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013; and (2) that is knowingly registered, pursuant to the Geneva Convention on the High Seas (13 U.S.T. 2312; TIAS 5200; 450 UNTS 82), by a ship registry that is maintaining a registration of a vessel that is included in the list published under subsection (c). (c) Notification of governments The Secretary of Transportation, in consultation with the Secretary of State, shall— (1) maintain timely information on registrations of all foreign vessels over 300 gross tons that are— (A) owned or operated by or on behalf of— (i) the National Iran Tanker Company or the Islamic Republic of Iran Shipping Line; or (ii) any successor to an entity referred to in clause (i); or (B) otherwise owned or operated by or on behalf of Iran; (2) notify each government the agents or instrumentalities of which are maintaining a registration of a foreign vessel described in paragraph (1), that all vessels registered under such government’s authority are prohibited from entering or operating in the navigable waters of the United States or transferring cargo in any port or place under the jurisdiction of the United States; and (3) publish in the Federal Register a list of vessels described in paragraph (1), including periodic updates of such list. (d) Notification of vessels (1) In general Except as provided in paragraphs (2) and (3), upon receiving a Notice of Arrival under section 160 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013) from a vessel described in (b), the Secretary shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States. (2) Provisional entry The Secretary may allow provisional entry of, or transfer of cargo from, a foreign vessel described in subsection (b) if such entry or transfer is necessary for the safety of the vessel or persons aboard. (3) Entry for due diligence The Secretary may allow entry of, and transfer of cargo from, a vessel described in subsection (b) if the master shows the owner and operator of the vessel exercised due diligence to avoid registration of the vessel by a registry that registers vessels described in subsection (c). (e) Right of innocent passage This section shall not be construed as authority to restrict the right of innocent passage as recognized under international law. (f) Foreign vessel defined In this section the term foreign vessel has the meaning given that term in section 2101 of title 46, United States Code. . (b) Deadline for publication The Secretary shall publish a list under section 16(c)(3) of the Ports and Waters Safety Act, as amended by this section, by not later than 30 days after the date of the enactment of this Act. (c) Limitation on application of prohibition Subsection (a) of section 16 of the Ports and Waters Safety Act, as amended by this section, shall not apply until 90 days after the date of publication of the list required by subsection (c) of such section. III Additional authorities to prevent censorship activities in Iran 301. Report on implementation of sanctions against the Islamic Republic of Iran Broadcasting (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the following: (1) The current status of availability of the Islamic Republic of Iran Broadcasting (IRIB) on international satellites, entities that facilitate its operation by providing services or equipment, and the technical means that it engages in jamming. (2) The instances, since January 1, 2012, in which the IRIB engaged in activities that violated Article 19 of the International Covenant on Civil and Political Rights, including broadcasting forced confessions and hate speech against minorities. (3) The instances, since January 1, 2012, in which international broadcasting programs originating from the United States and Europe have been subject to disruption in Iran, with relevant details such as which programs were disrupted, available location information on the origin of the disruption, and the extent of the disruption. (b) Coordination In developing the report required by subsection (a), the Secretary of State shall coordinate with the Broadcasting Board of Governors, the Secretary of the Treasury, and the heads of other relevant Federal departments and agencies. (c) Public availability All unclassified portions of the report required by subsection (a) shall be made publicly available on the Internet web site of the Department of State. 302. List of persons who are high-risk re-exporters of sensitive technologies (a) In general Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Commerce, in conjunction with the Secretary of State and the Secretary of the Treasury, shall make publicly available and update as appropriate a list of persons who are high-risk re-exporters of sensitive technologies in order to seek to ensure that the Government of Iran or an entity owned or controlled by that Government is unable to obtain sensitive technologies through the re-export of such sensitive technologies by third-party intermediaries. (b) Definition In this section, the term sensitive technology has the meaning given that term in section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8515 ). 303. Sense of Congress on provision of intercept technologies to Iran It is the sense of Congress that— (1) those that provide intercept technologies that limit freedom of speech or expression to the Government of Iran should be held accountable for the repression of the Iranian people; and (2) no person should use an existing contract with the Government of Iran as a justification to continue to supply intercept technologies to the Government of Iran for purposes of restricting the free flow of information. 304. Sense of Congress on availability of consumer communication technologies in Iran It is the sense of Congress that— (1) the Department of the Treasury and Department of State should encourage the free flow of information in Iran to counter the Government of Iran’s repression of its own people; and (2) in order to facilitate the free flow of information in Iran, the Department of Treasury should ensure that certain consumer communication technologies are available to Iranian civil society and the Iranian people. 305. Expedited consideration of requests for authorization of transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate (a) In general Section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8753 ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: (e) Rule of construction The expedited process for the consideration of complete requests for authorization to engage in the activities described in subsection (a) shall be construed to also apply to the transfer of goods and services to Iran to facilitate the ability of Iranian persons to freely communicate, obtain information, and access the Internet and other communications systems. . (b) Effective date The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to requests described in section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012, as so amended, that are submitted to the Office of Foreign Assets Control on or after such date of enactment. IV Reports and other matters 401. National Strategy on Iran (a) National strategy required The President shall develop a strategy, to be known as the National Strategy on Iran , that provides strategic guidance for activities that support the objective of addressing the threats posed by Iran. (b) Annual report Not later than 180 days after the date of the enactment of this Act or January 30, 2014, whichever occurs first, and every January 30 thereafter, the President shall submit to the appropriate congressional committees the National Strategy on Iran required under subsection (a). (c) Matters To be included The report required under subsection (b) shall include, at a minimum, the following: (1) A description of Iran’s grand strategy and security strategy, including strategic objectives, and the security posture and objectives of Iran. (2) A description of the United States strategy to— (A) address and counter the capabilities of Iran’s conventional forces and Iran’s unconventional forces; (B) disrupt and deny Iranian efforts to develop or augment capabilities related to nuclear, unconventional, and missile forces development; (C) address the Government of Iran’s economic strategy to enable the objectives described in this subsection; (D) exploit key vulnerabilities; and (E) combat Iranian efforts to suppress Internet freedom, including actions of the United States to— (i) work to promote expanded Internet access for democracy activists in Iran; (ii) add a public diplomacy page to the United States’ virtual embassy in Iran; and (iii) leverage multilateral organizations committed to Internet connectivity in Iran. (3) An implementation plan for the United States strategy described in paragraph (2). (d) Form The report required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (e) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select Committee on Intelligence of the Senate. 402. Report on Iranian nuclear and economic capabilities (a) In general Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the following: (1) An estimate of the timeline for Iranian capabilities to develop nuclear weapons, including— (A) an estimate of the period of time it would take Iran to produce enough weapons-grade uranium for a single implosion-type nuclear weapon, taking into account all known relevant technical data; (B) an estimate of the period of time it would take Iran to produce sufficient separated plutonium for a single nuclear weapon; (C) a description of the assumptions underlying the estimates referred to in subparagraphs (A) and (B), and any information about developments that might alter or otherwise affect those assumptions; (D) an estimate of the date by which the periods of time referred to in subparagraphs (A) and (B) will be less than 45 days; and (E) a description of any efforts by the United States to increase the frequency of inspections by the International Atomic Energy Agency of nuclear facilities in Iran. (2) An assessment of Iranian strategy and capabilities relating to development of nuclear weapons, including— (A) a summary and analysis of current nuclear weapons capabilities; (B) an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran to develop its nuclear weapons capabilities; (C) a summary of the capabilities of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces; (D) a detailed analysis of the effectiveness of Iran's unconventional weapons and Iran's ballistic missile forces and Iran's cruise missile forces as delivery systems for a nuclear device; (E) a description of all efforts of Iran to design and develop a nuclear weapon, including efforts to design or fit warheads, and any other possible military dimensions of the nuclear program of Iran; and (F) an analysis of the procurement network, including the amount and sources of funding expended by Iran on programs to develop a nuclear weapons capability. (3) Projected economic effects of international sanctions on Iran, including— (A) an estimate of the capital accounts, current accounts, and amounts of foreign exchange reserves (including access to foreign exchange reserves) of the Government of Iran, and other leading indicators of the status of the economy of Iran; (B) an estimate of timelines with respect to macroeconomic viability of Iran, including the time by which the Government of Iran will exhaust its foreign exchange reserves; (C) an estimate of the date by which the reserves of the Central Bank of Iran will be insufficient for the Government of Iran to avoid a severe balance of payments crisis that prevents it from maintaining a functioning economy, including— (i) the inflation rate, exchange rates, unemployment rate, and budget deficits in Iran; and (ii) other leading macroeconomic indicators used by the International Monetary Fund, professional rating agencies, and other credible sources to assess the economic health of a country; (D) a description of the assumptions underlying the estimate referred to in paragraph (3) and an indication of how changes in each of those assumptions could affect the estimate; (E) an assessment of the effect of sanctions imposed with respect to Iran on moving forward the date referred to in subparagraph (C); and (F) a description of actions taken by the Government of Iran to delay the date referred to in subparagraph (C). (b) Update The President shall submit to the appropriate congressional committees an update of the report required by subsection (a) every 60 days after the date of submission of the report that includes any pertinent developments to Iranian nuclear or economic capabilities. (c) Form The report required under subsection (a) and the update required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate. (2) Nuclear explosive device The term nuclear explosive device means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). 403. Report on plausibility of expanding sanctions on Iranian oil (a) In general Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report assessing the following: (1) Whether petroleum and petroleum products originating in and exported from Iran are refined and sold outside of Iran. (2) Whether products that contain Iranian-origin petroleum or petroleum products as part of their contents are imported into the United States and, if any such products are imported into the United States, whether such importation violates the ban on importation into the United States of Iranian-origin petroleum or petroleum products. (3) Whether it is feasible to ban the importation into the United States of products described in paragraph (2), regardless of whether the ban on importation into the United States of Iranian-origin petroleum or petroleum products applies to such products. (b) Basis of report The report required under subsection (a) may be based on publicly-available information and classified information. The information that is not classified information shall be made publically available. (c) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate. 404. GAO report on Iranian strategy to evade current sanctions and other matters Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (1) evaluates the strategy of the Government of Iran to evade current economic and financial sanctions; and (2) specifically evaluates the ability of Iran to successfully diversify its economy beyond its energy sector, thereby lessening the impact and effectiveness of economic and financial sanctions. 405. Authority to consolidate reports required under Iran sanctions laws (a) In general Any or all reports required to be submitted to Congress under the provisions of law described in subsection (c) on or after the date of the enactment of this Act may, notwithstanding the deadline requirements for submission under such provisions of law, be consolidated into a single report that is submitted to Congress on an annual basis. (b) Exception Subsection (a) shall not apply with respect to the initial report of any report described in subsection (a). (c) Provisions of law described The provisions of law referred to in this section are the following: (1) This Act and the amendments made by this Act. (2) The Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 et seq. ). (3) The Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8701 et seq. ). (4) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8501 et seq. ). 406. Amendments to definitions under Iran Sanctions Act of 1996 and Iran Threat Reduction and Syria Human Rights Act of 2012 (a) Iran Sanctions Act of 1996 Section 14(4)(B) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended by striking may include, in the discretion of the President and inserting includes . (b) Iran Threat Reduction and Syria Human Rights Act of 2012 Section 211 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 ) is amended by adding at the end the following new subsection: (f) Definition In this section, the term appropriate congressional committees includes the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. . 407. Implementation; penalties (a) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act and the amendments made by this Act. (b) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any amendment made by this Act or regulations prescribed under this Act to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act ( 50 U.S.C. 1705(a) ). 408. Severability (a) In general If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected. (b) Effective date under section 214 If subsection (d) of section 214 is found to be unconstitutional in accordance with subsection (a), the amendments made by such section 214 take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after such date of enactment.
July 30, 2013 Reported from the Committee on Foreign Affairs with an amendment July 30, 2013 The Committees on the Judiciary , Financial Services , Oversight and Government Reform , and Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed |
113-hr-851-ih-dtd | 113-hr-851 | 113 | hr | 851 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr851ih.xml | BILLS-113hr851ih.xml | 2023-01-08 17:37:37.498 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HD37AB0BBD35145D8BBA50A60AE648A06" public-private="public">
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<dc:title>
113 HR 851 IH: Bring Jobs Home Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 851
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="P000096">
Mr. Pascrell
</sponsor>
(for
himself,
<cosponsor name-id="S001162">
Ms. Schwartz
</cosponsor>
,
<cosponsor name-id="R000053">
Mr. Rangel
</cosponsor>
,
<cosponsor name-id="L000287">
Mr. Lewis
</cosponsor>
,
<cosponsor name-id="L000557">
Mr. Larson of Connecticut
</cosponsor>
,
<cosponsor name-id="K000188">
Mr. Kind
</cosponsor>
,
<cosponsor name-id="N000015">
Mr. Neal
</cosponsor>
,
<cosponsor name-id="B000287">
Mr.
Becerra
</cosponsor>
,
<cosponsor name-id="D000096">
Mr. Danny K. Davis of
Illinois
</cosponsor>
,
<cosponsor name-id="L000263">
Mr. Levin
</cosponsor>
, and
<cosponsor name-id="S001156">
Ms. Linda T. Sánchez of California
</cosponsor>
)
introduced the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Internal Revenue Code of 1986 to encourage
domestic insourcing and discourage foreign outsourcing.
</official-title>
</form>
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<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Bring Jobs Home
Act
</short-title>
</quote>
.
</text>
</section>
<section id="HA575BC1B89A1436BBD3C87AD2F9F9610">
<enum>
2.
</enum>
<header>
Credit for
insourcing expenses
</header>
<subsection id="H24E6AF59A51A40009E698AF6022EB60E">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Subpart D of part IV
of subchapter A of
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chapter 1
</external-xref>
of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
</text>
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<section id="H4691828D62E24E8FAA614168EDAB0C68">
<enum>
45S.
</enum>
<header>
Credit for
insourcing expenses
</header>
<subsection id="HBC778D2FE6844A25845016E94D12A2B0">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
For purposes of section 38, the insourcing expenses
credit for any taxable year is an amount equal to 20 percent of the eligible
insourcing expenses of the taxpayer which are taken into account in such
taxable year under subsection (d).
</text>
</subsection>
<subsection id="H4170765962924CE59EB3685BCE4A6BE0">
<enum>
(b)
</enum>
<header>
Eligible
insourcing expenses
</header>
<text>
For purposes of this section—
</text>
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<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The term
<term>
eligible insourcing expenses
</term>
means—
</text>
<subparagraph id="HD4A0B16E852A45F68D5966E0241BBF49">
<enum>
(A)
</enum>
<text>
eligible expenses
paid or incurred by the taxpayer in connection with the elimination of any
business unit of the taxpayer (or of any member of any expanded affiliated
group in which the taxpayer is also a member) located outside the United
States, and
</text>
</subparagraph>
<subparagraph id="HA988BCA4FD284676B93BBFCC436B8E98">
<enum>
(B)
</enum>
<text>
eligible expenses
paid or incurred by the taxpayer in connection with the establishment of any
business unit of the taxpayer (or of any member of any expanded affiliated
group in which the taxpayer is also a member) located within the United
States,
</text>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
if such
establishment constitutes the relocation of business unit so eliminated. For
purposes of the preceding sentence, a relocation shall not be treated as
failing to occur merely because such elimination occurs in a different taxable
year than such establishment.
</continuation-text>
</paragraph>
<paragraph id="HA54166E31E3B4D7E8DA1EBF050CBFD5B">
<enum>
(2)
</enum>
<header>
Eligible
expenses
</header>
<text>
The term
<term>
eligible expenses
</term>
means—
</text>
<subparagraph id="HCFA7522777D6434EBC0FFEDC7747D5C1">
<enum>
(A)
</enum>
<text>
any amount for
which a deduction is allowed to the taxpayer under section 162, and
</text>
</subparagraph>
<subparagraph id="HDCC7F05440394BCFA0B43EC8BCE401C6">
<enum>
(B)
</enum>
<text display-inline="yes-display-inline">
permit and license fees, lease brokerage
fees, equipment installation costs, and, to the extent provided by the
Secretary, other similar expenses.
</text>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
Such term
does not include any compensation which is paid or incurred in connection with
severance from employment and, to the extent provided by the Secretary, any
similar amount.
</continuation-text>
</paragraph>
<paragraph id="H164213FCA4DB4FD3999203F99EFA1DDE">
<enum>
(3)
</enum>
<header>
Business
unit
</header>
<text>
The term
<term>
business unit
</term>
means—
</text>
<subparagraph id="HA3CA64DB6684422191E3A0DA3895EEB6">
<enum>
(A)
</enum>
<text>
any trade or
business, and
</text>
</subparagraph>
<subparagraph id="H80EFD1F84EA64084A83448D224A2484B">
<enum>
(B)
</enum>
<text>
any line of
business, or functional unit, which is part of any trade or business.
</text>
</subparagraph>
</paragraph>
<paragraph id="HCA69A5A13C9E4E7788E34ABC46862B44">
<enum>
(4)
</enum>
<header>
Expanded
affiliated group
</header>
<text display-inline="yes-display-inline">
The term
<term>
expanded affiliated group
</term>
means an affiliated group as defined in
section 1504(a), determined without regard to section 1504(b)(3) and by
substituting
<quote>
more than 50 percent
</quote>
for
<quote>
at least 80
percent
</quote>
each place it appears in section 1504(a). A partnership or any
other entity (other than a corporation) shall be treated as a member of an
expanded affiliated group if such entity is controlled (within the meaning of
section 954(d)(3)) by members of such group (including any entity treated as a
member of such group by reason of this paragraph).
</text>
</paragraph>
<paragraph id="HFAF679CF01374972B41475525C1B571C">
<enum>
(5)
</enum>
<header>
Expenses must be
pursuant to insourcing plan
</header>
<text>
Amounts shall be taken into account
under paragraph (1) only to the extent that such amounts are paid or incurred
pursuant to a written plan to carry out the relocation described in paragraph
(1).
</text>
</paragraph>
<paragraph id="H87480142D37B47FF831DCE4C0D8B0BA3">
<enum>
(6)
</enum>
<header>
Operating
expenses not taken into account
</header>
<text>
Any amount paid or incurred in
connection with the on-going operation of a business unit shall not be treated
as an amount paid or incurred in connection with the establishment or
elimination of such business unit.
</text>
</paragraph>
</subsection>
<subsection id="H11CE2C60A2204ADC90B3C36F8CC279CE">
<enum>
(c)
</enum>
<header>
Increased
domestic employment requirement
</header>
<text>
No credit shall be allowed under
this section unless the number of full-time equivalent employees of the
taxpayer for the taxable year for which the credit is claimed exceeds the
number of full-time equivalent employees of the taxpayer for the last taxable
year ending before the first taxable year in which such eligible insourcing
expenses were paid or incurred. For purposes of this subsection, full-time
equivalent employees has the meaning given such term under section 45R(d) (and
the applicable rules of section 45R(e)), determined by only taking into account
wages (as otherwise defined in section 45R(e)) paid with respect to services
performed within the United States. All employers treated as a single employer
under subsection (b), (c), (m), or (o) of section 414 shall be treated as a
single employer for purposes of this subsection.
</text>
</subsection>
<subsection id="H73DD41DBBC1B4DC596D1553A97C566BA">
<enum>
(d)
</enum>
<header>
Credit allowed
upon completion of insourcing plan
</header>
<paragraph id="H6B2899E0C1934FAA99736CF9C58CD4B3">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Except as provided in paragraph (2), eligible insourcing
expenses shall be taken into account under subsection (a) in the taxable year
during which the plan described in subsection (b)(5) has been completed and all
eligible insourcing expenses pursuant to such plan have been paid or
incurred.
</text>
</paragraph>
<paragraph id="H5F5858B7E6774008A348E4096DFF5A5B">
<enum>
(2)
</enum>
<header>
Election to
apply employment test and claim credit in first full taxable year after
completion of plan
</header>
<text>
If the taxpayer elects the application of this
paragraph, eligible insourcing expenses shall be taken into account under
subsection (a) in the first taxable year after the taxable year described in
paragraph (1).
</text>
</paragraph>
</subsection>
<subsection commented="no" id="HF3686A9CF874438D8DDE18D236214805">
<enum>
(e)
</enum>
<header>
Possessions
treated as part of the United States
</header>
<text display-inline="yes-display-inline">
For purposes of this section, the term
<term>
United States
</term>
shall be treated as including each possession of the
United States (including the Commonwealth of Puerto Rico and the Commonwealth
of the Northern Mariana Islands).
</text>
</subsection>
<subsection id="H331EC6027FE841E99C7B6934760D81C2">
<enum>
(f)
</enum>
<header>
Regulations
</header>
<text>
The
Secretary shall prescribe such regulations or other guidance as may be
necessary or appropriate to carry out the purposes of this
section.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H8975248F389643F7B7F89F438261FFA4">
<enum>
(b)
</enum>
<header>
Credit To be
part of general business credit
</header>
<text>
Subsection (b) of section 38 of
such Code is amended by striking
<quote>
plus
</quote>
at the end of paragraph
(35), by striking the period at the end of paragraph (36) and inserting
<quote>
, plus
</quote>
, and by adding at the end the following new
paragraph:
</text>
<quoted-block id="H1CAED6310F414C58849B5D68DF53C084" style="OLC">
<paragraph id="H5F10DF1A17864B1ABBD97666E044129A">
<enum>
(37)
</enum>
<text>
the insourcing
expenses credit determined under section
45S(a).
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HDF870147B6C74D2888913D9001474E3C">
<enum>
(c)
</enum>
<header>
Clerical
amendment
</header>
<text>
The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at the end the
following new item:
</text>
<quoted-block display-inline="no-display-inline" id="HAF644E1781EF41E893C2E4602E9A3C1B" style="OLC">
<toc container-level="quoted-block-container" idref="HB63AA5E9D6F74A1DBCB1E47547189816" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H4691828D62E24E8FAA614168EDAB0C68" level="section">
Sec. 45S. Credit for insourcing
expenses.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H771D442DA9B04767BA5DFEC64F8B0291">
<enum>
(d)
</enum>
<header>
Effective
date
</header>
<text display-inline="yes-display-inline">
The amendments made by
this section shall apply to amounts paid or incurred after the date of the
enactment of this Act.
</text>
</subsection>
<subsection id="H33957488E00742CB9B393460E862F990">
<enum>
(e)
</enum>
<header>
Application to
United States possessions
</header>
<paragraph id="HD7B579BF38D049EEA8CB77C94A66C6F8">
<enum>
(1)
</enum>
<header>
Payments to
possessions
</header>
<subparagraph id="HE934AC7CB01649A5B3BA74570C063D9A">
<enum>
(A)
</enum>
<header>
Mirror code
possessions
</header>
<text display-inline="yes-display-inline">
The Secretary of
the Treasury shall make periodic payments to each possession of the United
States with a mirror code tax system in an amount equal to the loss to that
possession by reason of
<external-xref legal-doc="usc" parsable-cite="usc/26/45S">
section 45S
</external-xref>
of the Internal Revenue Code of 1986. Such
amount shall be determined by the Secretary of the Treasury based on
information provided by the government of the respective possession.
</text>
</subparagraph>
<subparagraph id="H4C53EDD5E1D84A558D36DBD940D518A7">
<enum>
(B)
</enum>
<header>
Other
possessions
</header>
<text display-inline="yes-display-inline">
The Secretary of
the Treasury shall make annual payments to each possession of the United States
which does not have a mirror code tax system in an amount estimated by the
Secretary of the Treasury as being equal to the aggregate benefits that would
have been provided to residents of such possession by reason of section 45S of
such Code if a mirror code tax system had been in effect in such possession.
The preceding sentence shall not apply with respect to any possession of the
United States unless such possession has a plan, which has been approved by the
Secretary of the Treasury, under which such possession will promptly distribute
such payment to the residents of such possession.
</text>
</subparagraph>
</paragraph>
<paragraph id="HFE0E1CB1E74C4226A20AC4DEDEDB823C">
<enum>
(2)
</enum>
<header>
Coordination
with credit allowed against United States income taxes
</header>
<text display-inline="yes-display-inline">
No credit shall be allowed against United
States income taxes under section 45S of such Code to any person—
</text>
<subparagraph id="HD71D5522EA9C44229FE75C5E8D3B7E5A">
<enum>
(A)
</enum>
<text>
to whom a credit
is allowed against taxes imposed by the possession by reason of such section,
or
</text>
</subparagraph>
<subparagraph id="HBEBE498B96B64957ACEBF62E26A9B295">
<enum>
(B)
</enum>
<text>
who is eligible
for a payment under a plan described in paragraph (1)(B).
</text>
</subparagraph>
</paragraph>
<paragraph id="HA615EBA452AE4D90A63DD71F4721264B">
<enum>
(3)
</enum>
<header>
Definitions and
special rules
</header>
<subparagraph id="H28011B949B454980BF2D6EE0E993C7A8">
<enum>
(A)
</enum>
<header>
Possessions of
the United States
</header>
<text display-inline="yes-display-inline">
For
purposes of this section, the term
<term>
possession of the United States
</term>
includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern
Mariana Islands.
</text>
</subparagraph>
<subparagraph id="HDBDB64C021C5425F898AB1B7D5233304">
<enum>
(B)
</enum>
<header>
Mirror code tax
system
</header>
<text>
For purposes of this section, the term
<term>
mirror code
tax system
</term>
means, with respect to any possession of the United States,
the income tax system of such possession if the income tax liability of the
residents of such possession under such system is determined by reference to
the income tax laws of the United States as if such possession were the United
States.
</text>
</subparagraph>
<subparagraph id="H651E44CB58514FD080C666E1C5FD8F67">
<enum>
(C)
</enum>
<header>
Treatment of
payments
</header>
<text>
For purposes of
<external-xref legal-doc="usc" parsable-cite="usc/31/1324">
section 1324(b)(2)
</external-xref>
of title 31, United
States Code, the payments under this section shall be treated in the same
manner as a refund due from sections referred to in such section
1324(b)(2).
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
<section id="H42971F6B28004112853EF6655D9FC820">
<enum>
3.
</enum>
<header>
Denial of
deduction for outsourcing expenses
</header>
<subsection id="HE8C0C63E5C6F4BCC9F7DDAC8C8277735">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Part IX of subchapter
B of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/26/1">
chapter 1
</external-xref>
of the Internal Revenue Code of 1986 is amended by adding at the
end the following new section:
</text>
<quoted-block display-inline="no-display-inline" id="H5F7C9BFCD5024B76AFBE78DDA0D423CD" style="OLC">
<section id="H056BF6BCA28C4242A8B35F6AAFF2782B">
<enum>
280I.
</enum>
<header>
Outsourcing
expenses
</header>
<subsection id="H5EE09922EEC146CB94D2741AA0A8E668">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
No deduction
otherwise allowable under this chapter shall be allowed for any specified
outsourcing expense.
</text>
</subsection>
<subsection id="H348C162458F34E5AAF5D1CDE2713DE5F">
<enum>
(b)
</enum>
<header>
Specified
outsourcing expense
</header>
<text>
For purposes of this section—
</text>
<paragraph id="HBC7D2CE873334D828C0536071AFBE450">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The term
<term>
specified outsourcing expense
</term>
means—
</text>
<subparagraph id="H5D5AFB2170294966BC97190507E0B0E7">
<enum>
(A)
</enum>
<text>
any eligible
expense paid or incurred by the taxpayer in connection with the elimination of
any business unit of the taxpayer (or of any member of any expanded affiliated
group in which the taxpayer is also a member) located within the United States,
and
</text>
</subparagraph>
<subparagraph id="HD11B6EA29208473DA29D19EC44CA737F">
<enum>
(B)
</enum>
<text>
any eligible
expense paid or incurred by the taxpayer in connection with the establishment
of any business unit of the taxpayer (or of any member of any expanded
affiliated group in which the taxpayer is also a member) located outside the
United States,
</text>
</subparagraph>
<continuation-text continuation-text-level="paragraph">
if such
establishment constitutes the relocation of business unit so eliminated. For
purposes of the preceding sentence, a relocation shall not be treated as
failing to occur merely because such elimination occurs in a different taxable
year than such establishment.
</continuation-text>
</paragraph>
<paragraph id="HFA3E3E12390E43268F08255146522E05">
<enum>
(2)
</enum>
<header>
Application of
certain definitions and rules
</header>
<subparagraph id="H53B19019FBCD433897404AA6B6E60667">
<enum>
(A)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
For purposes of this section, the terms
<term>
eligible expenses
</term>
,
<term>
business unit
</term>
, and
<term>
expanded
affiliated group
</term>
shall have the respective meanings given such terms by
section 45S(b).
</text>
</subparagraph>
<subparagraph id="HB789B2C512C546148F6613809761AD14">
<enum>
(B)
</enum>
<header>
Operating
expenses not taken into account
</header>
<text>
A rule similar to the rule of
section 45S(b)(6) shall apply for purposes of this section.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HACAFEB77C4AE4687BBB3C1B52E1267BD">
<enum>
(c)
</enum>
<header>
Special
rules
</header>
<paragraph id="H421BC6777CCA42A192E88FF178510CE8">
<enum>
(1)
</enum>
<header>
Application to
deductions for depreciation and amortization
</header>
<text>
In the case of any
portion of a specified outsourcing expense which is not deductible in the
taxable year in which paid or incurred, such portion shall neither be
chargeable to capital account nor amortizable.
</text>
</paragraph>
<paragraph commented="no" id="H30B8C2753C2F4D0B8B240C3D20061065">
<enum>
(2)
</enum>
<header>
Possessions
treated as part of the United States
</header>
<text display-inline="yes-display-inline">
For purposes of this section, the term
<term>
United States
</term>
shall be treated as including each possession of the
United States (including the Commonwealth of Puerto Rico and the Commonwealth
of the Northern Mariana Islands).
</text>
</paragraph>
</subsection>
<subsection id="H566052497D8C4F27B0F25278915A5F86">
<enum>
(d)
</enum>
<header>
Regulations
</header>
<text>
The
Secretary shall prescribe such regulations or other guidance as may be
necessary or appropriate to carry out the purposes of this section, including
regulations which provide (or create a rebuttable presumption) that certain
establishments of business units outside the United States will be treated as
relocations (based on timing or such other factors as the Secretary may
provide) of business units eliminated within the United
States.
</text>
</subsection>
</section>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HC9D56557907E440CB51213FEB841230E">
<enum>
(b)
</enum>
<header>
Limitation on
subpart F income of controlled foreign corporations determined without regard
to specified outsourcing expenses
</header>
<text>
Subsection (c) of section 952
of such Code is amended by adding at the end the following new
paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H126DEEE4569E46948FD985B291DEBF63" style="OLC">
<paragraph id="H9E2560763C884DF29FD53D42E10CEE66">
<enum>
(4)
</enum>
<header>
Earnings and
profits determined without regard to specified outsourcing
expenses
</header>
<text display-inline="yes-display-inline">
For purposes of this
subsection, earnings and profits of any controlled foreign corporation shall be
determined without regard to any specified outsourcing expense (as defined in
section
280I(b)).
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="HA22ED276597C4A519F48FDC943676CFE">
<enum>
(c)
</enum>
<header>
Clerical
amendment
</header>
<text display-inline="yes-display-inline">
The table of
sections for part IX of subchapter B of chapter 1 of such Code is amended by
adding at the end the following new item:
</text>
<quoted-block display-inline="no-display-inline" id="H6BF287DB0AAE4581AA8B5875383745D3" style="OLC">
<toc container-level="quoted-block-container" idref="H5F7C9BFCD5024B76AFBE78DDA0D423CD" lowest-bolded-level="division-lowest-bolded" lowest-level="section" quoted-block="no-quoted-block" regeneration="yes-regeneration">
<toc-entry idref="H056BF6BCA28C4242A8B35F6AAFF2782B" level="section">
Sec. 280I. Outsourcing
expenses.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H26EAB0B81F554AE194CB380D81601E58">
<enum>
(d)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by this section shall apply to amounts
paid or incurred after the date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 851 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Pascrell (for himself, Ms. Schwartz , Mr. Rangel , Mr. Lewis , Mr. Larson of Connecticut , Mr. Kind , Mr. Neal , Mr. Becerra , Mr. Danny K. Davis of Illinois , Mr. Levin , and Ms. Linda T. Sánchez of California ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to encourage domestic insourcing and discourage foreign outsourcing.
1. Short title This Act may be cited as the Bring Jobs Home Act . 2. Credit for insourcing expenses (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Credit for insourcing expenses (a) In general For purposes of section 38, the insourcing expenses credit for any taxable year is an amount equal to 20 percent of the eligible insourcing expenses of the taxpayer which are taken into account in such taxable year under subsection (d). (b) Eligible insourcing expenses For purposes of this section— (1) In general The term eligible insourcing expenses means— (A) eligible expenses paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, and (B) eligible expenses paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. (2) Eligible expenses The term eligible expenses means— (A) any amount for which a deduction is allowed to the taxpayer under section 162, and (B) permit and license fees, lease brokerage fees, equipment installation costs, and, to the extent provided by the Secretary, other similar expenses. Such term does not include any compensation which is paid or incurred in connection with severance from employment and, to the extent provided by the Secretary, any similar amount. (3) Business unit The term business unit means— (A) any trade or business, and (B) any line of business, or functional unit, which is part of any trade or business. (4) Expanded affiliated group The term expanded affiliated group means an affiliated group as defined in section 1504(a), determined without regard to section 1504(b)(3) and by substituting more than 50 percent for at least 80 percent each place it appears in section 1504(a). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this paragraph). (5) Expenses must be pursuant to insourcing plan Amounts shall be taken into account under paragraph (1) only to the extent that such amounts are paid or incurred pursuant to a written plan to carry out the relocation described in paragraph (1). (6) Operating expenses not taken into account Any amount paid or incurred in connection with the on-going operation of a business unit shall not be treated as an amount paid or incurred in connection with the establishment or elimination of such business unit. (c) Increased domestic employment requirement No credit shall be allowed under this section unless the number of full-time equivalent employees of the taxpayer for the taxable year for which the credit is claimed exceeds the number of full-time equivalent employees of the taxpayer for the last taxable year ending before the first taxable year in which such eligible insourcing expenses were paid or incurred. For purposes of this subsection, full-time equivalent employees has the meaning given such term under section 45R(d) (and the applicable rules of section 45R(e)), determined by only taking into account wages (as otherwise defined in section 45R(e)) paid with respect to services performed within the United States. All employers treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer for purposes of this subsection. (d) Credit allowed upon completion of insourcing plan (1) In general Except as provided in paragraph (2), eligible insourcing expenses shall be taken into account under subsection (a) in the taxable year during which the plan described in subsection (b)(5) has been completed and all eligible insourcing expenses pursuant to such plan have been paid or incurred. (2) Election to apply employment test and claim credit in first full taxable year after completion of plan If the taxpayer elects the application of this paragraph, eligible insourcing expenses shall be taken into account under subsection (a) in the first taxable year after the taxable year described in paragraph (1). (e) Possessions treated as part of the United States For purposes of this section, the term United States shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). (f) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. . (b) Credit To be part of general business credit Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the insourcing expenses credit determined under section 45S(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Credit for insourcing expenses. . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. (e) Application to United States possessions (1) Payments to possessions (A) Mirror code possessions The Secretary of the Treasury shall make periodic payments to each possession of the United States with a mirror code tax system in an amount equal to the loss to that possession by reason of section 45S of the Internal Revenue Code of 1986. Such amount shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (B) Other possessions The Secretary of the Treasury shall make annual payments to each possession of the United States which does not have a mirror code tax system in an amount estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of section 45S of such Code if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payment to the residents of such possession. (2) Coordination with credit allowed against United States income taxes No credit shall be allowed against United States income taxes under section 45S of such Code to any person— (A) to whom a credit is allowed against taxes imposed by the possession by reason of such section, or (B) who is eligible for a payment under a plan described in paragraph (1)(B). (3) Definitions and special rules (A) Possessions of the United States For purposes of this section, the term possession of the United States includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system For purposes of this section, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from sections referred to in such section 1324(b)(2). 3. Denial of deduction for outsourcing expenses (a) In general Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 280I. Outsourcing expenses (a) In general No deduction otherwise allowable under this chapter shall be allowed for any specified outsourcing expense. (b) Specified outsourcing expense For purposes of this section— (1) In general The term specified outsourcing expense means— (A) any eligible expense paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, and (B) any eligible expense paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. (2) Application of certain definitions and rules (A) Definitions For purposes of this section, the terms eligible expenses , business unit , and expanded affiliated group shall have the respective meanings given such terms by section 45S(b). (B) Operating expenses not taken into account A rule similar to the rule of section 45S(b)(6) shall apply for purposes of this section. (c) Special rules (1) Application to deductions for depreciation and amortization In the case of any portion of a specified outsourcing expense which is not deductible in the taxable year in which paid or incurred, such portion shall neither be chargeable to capital account nor amortizable. (2) Possessions treated as part of the United States For purposes of this section, the term United States shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). (d) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations which provide (or create a rebuttable presumption) that certain establishments of business units outside the United States will be treated as relocations (based on timing or such other factors as the Secretary may provide) of business units eliminated within the United States. . (b) Limitation on subpart F income of controlled foreign corporations determined without regard to specified outsourcing expenses Subsection (c) of section 952 of such Code is amended by adding at the end the following new paragraph: (4) Earnings and profits determined without regard to specified outsourcing expenses For purposes of this subsection, earnings and profits of any controlled foreign corporation shall be determined without regard to any specified outsourcing expense (as defined in section 280I(b)). . (c) Clerical amendment The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 280I. Outsourcing expenses. . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. |
113-hr-852-ih-dtd | 113-hr-852 | 113 | hr | 852 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr852ih.xml | BILLS-113hr852ih.xml | 2023-01-08 17:37:37.256 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HD6F23EFBA6AE49909EA488D9D6E5D297" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 852 IH: Shirley Chisholm Congressional Gold Medal Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 852
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="R000053">
Mr. Rangel
</sponsor>
(for
himself,
<cosponsor name-id="B000490">
Mr. Bishop of Georgia
</cosponsor>
,
<cosponsor name-id="B000911">
Ms. Brown of Florida
</cosponsor>
,
<cosponsor name-id="B001251">
Mr. Butterfield
</cosponsor>
,
<cosponsor name-id="C000380">
Mrs. Christensen
</cosponsor>
,
<cosponsor name-id="C001067">
Ms. Clarke
</cosponsor>
,
<cosponsor name-id="C001049">
Mr. Clay
</cosponsor>
,
<cosponsor name-id="C001068">
Mr. Cohen
</cosponsor>
,
<cosponsor name-id="C000714">
Mr.
Conyers
</cosponsor>
,
<cosponsor name-id="C000984">
Mr. Cummings
</cosponsor>
,
<cosponsor name-id="D000096">
Mr. Danny K. Davis of Illinois
</cosponsor>
,
<cosponsor name-id="F000043">
Mr. Fattah
</cosponsor>
,
<cosponsor name-id="F000455">
Ms. Fudge
</cosponsor>
,
<cosponsor name-id="G000553">
Mr. Al Green of Texas
</cosponsor>
,
<cosponsor name-id="G000551">
Mr. Grijalva
</cosponsor>
,
<cosponsor name-id="H001063">
Ms. Hahn
</cosponsor>
,
<cosponsor name-id="H000324">
Mr. Hastings of Florida
</cosponsor>
,
<cosponsor name-id="H001032">
Mr. Holt
</cosponsor>
,
<cosponsor name-id="J000126">
Ms. Eddie Bernice Johnson of Texas
</cosponsor>
,
<cosponsor name-id="L000551">
Ms. Lee of California
</cosponsor>
,
<cosponsor name-id="L000287">
Mr. Lewis
</cosponsor>
,
<cosponsor name-id="M000087">
Mrs. Carolyn B. Maloney of New York
</cosponsor>
,
<cosponsor name-id="M001143">
Ms. McCollum
</cosponsor>
,
<cosponsor name-id="M001137">
Mr. Meeks
</cosponsor>
,
<cosponsor name-id="M001160">
Ms. Moore
</cosponsor>
,
<cosponsor name-id="N000147">
Ms. Norton
</cosponsor>
,
<cosponsor name-id="P000604">
Mr. Payne
</cosponsor>
,
<cosponsor name-id="R000515">
Mr. Rush
</cosponsor>
,
<cosponsor name-id="S000185">
Mr. Scott of Virginia
</cosponsor>
,
<cosponsor name-id="S001170">
Ms. Shea-Porter
</cosponsor>
,
<cosponsor name-id="S000480">
Ms. Slaughter
</cosponsor>
,
<cosponsor name-id="T000193">
Mr. Thompson of Mississippi
</cosponsor>
,
<cosponsor name-id="W000207">
Mr. Watt
</cosponsor>
, and
<cosponsor name-id="V000128">
Mr. Van Hollen
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name committee-id="HBA00">
Committee on Financial
Services
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To posthumously award a Congressional gold medal to
Shirley Chisholm.
</official-title>
</form>
<legis-body id="HC176B4807B6A4F33AA051B92BC92C116" style="OLC">
<section id="HBE93DC0015EE4A4F9B8CDBCFEAD627A5" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Shirley Chisholm Congressional Gold
Medal Act
</short-title>
</quote>
.
</text>
</section>
<section id="HB79A7CBE6FFC4E04B826F91FF2E5DD11">
<enum>
2.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
The Congress finds as follows:
</text>
<paragraph id="H84CD57A605B14483B3091C4583165B95">
<enum>
(1)
</enum>
<text>
Shirley Chisholm
was a pioneer: She was the first African-American woman elected to Congress in
1968 where she served until 1982.
</text>
</paragraph>
<paragraph id="HE97220B84B88482F8ABF670BBA145F3C">
<enum>
(2)
</enum>
<text>
Shirley Chisholm
inspired and led the march of political achievement by African-Americans and
women in the three decades since she ran for the Presidency of the United
States.
</text>
</paragraph>
<paragraph id="HEA148249AD5E4EB5940C4CAEB3F2327F">
<enum>
(3)
</enum>
<text>
Her election to
Congress and her candidacy for the Presidency raised the profile and
aspirations of all African-Americans and women in the field of politics.
</text>
</paragraph>
<paragraph id="H629B2F266D984D7E9D9BEC3A7179CF76">
<enum>
(4)
</enum>
<text>
Shirley Chisholm
was recognized for her activism, independence, and groundbreaking achievements
in politics during and after the civil rights era.
</text>
</paragraph>
<paragraph id="HB683722551664B5A97ED17060F022D8C">
<enum>
(5)
</enum>
<text>
Shirley Chisholm
was born in Brooklyn, New York, on November 30, 1924, attended Brooklyn
College, and earned a Master's degree from Columbia University.
</text>
</paragraph>
<paragraph id="H9802ABAC0FB641C9B0393B128EF01145">
<enum>
(6)
</enum>
<text>
Shirley Chisholm
worked in education and social services before being elected to the New York
State Assembly in 1964.
</text>
</paragraph>
<paragraph id="H2ECFAC5B6F5C44DA88F11BE2C448F452">
<enum>
(7)
</enum>
<text>
Shirley Chisholm
established the Unity Democratic Club in 1960, which played a significant role
in rallying Black and Hispanic voters in New York City.
</text>
</paragraph>
<paragraph id="HEB5DF6E271E44A7DB5973CBAE64A6683">
<enum>
(8)
</enum>
<text>
In 1969, Shirley
Chisholm began her service in the 91st Congress, representing Brooklyn's 12th
Congressional District in the United States House of Representatives.
</text>
</paragraph>
<paragraph id="H25E36046470E41B0B7776FF4681D15D8">
<enum>
(9)
</enum>
<text>
During her service
in the House of Representatives, Shirley Chisholm promoted the employment of
women in Congress and was vocal in her support of civil rights, women's rights,
and the poor, while fervently opposing the Vietnam War.
</text>
</paragraph>
<paragraph id="H8B6A9515EBE1433BA006D7F17AFDB457">
<enum>
(10)
</enum>
<text>
In 1972, Shirley
Chisholm was the first African-American to seek the nomination of a major party
for President of the United States.
</text>
</paragraph>
<paragraph id="H839306F229914042BA907F693EB70CC2">
<enum>
(11)
</enum>
<text>
Shirley Chisholm
was a co-founder of the National Organization for Women.
</text>
</paragraph>
<paragraph id="HA3A2BBE5C42B43319A3F6C63BF7DE7DF">
<enum>
(12)
</enum>
<text>
An historic
figure in American political history, Shirley Chisholm died at the age of 80 in
Ormond Beach, Florida, on New Year's Day 2005.
</text>
</paragraph>
</section>
<section id="HC5B60C93E77847C2AF4DBDB2B044C2EA">
<enum>
3.
</enum>
<header>
Congressional
gold medal
</header>
<subsection id="H91F7E5DD32F44FFDB0274C72DBB1B845">
<enum>
(a)
</enum>
<header>
Presentation
Authorized
</header>
<text>
The Speaker of the House of Representatives and the
President pro tempore of the Senate shall make appropriate arrangements for the
posthumous presentation, on behalf of the Congress, of a gold medal of
appropriate design in commemoration of Shirley Chisholm, in recognition of her
activism, independence, and groundbreaking achievements in politics, her
election as the first African-American woman in the Congress, and her campaign
to be the first African-American to gain the nomination of a major political
party for President of the United States.
</text>
</subsection>
<subsection id="H810135B2916B40D8BFF2C834A3E6951B">
<enum>
(b)
</enum>
<header>
Design and
striking
</header>
<text>
For purposes of the presentation referred to in
subsection (a), the Secretary of the Treasury (referred to in this Act as the
<quote>
Secretary
</quote>
) shall strike a gold medal with suitable emblems,
devices, and inscriptions, to be determined by the Secretary.
</text>
</subsection>
</section>
<section id="HEE65DC7C8D484ECF80A328B16EB21D9E">
<enum>
4.
</enum>
<header>
Duplicate
medals
</header>
<text display-inline="no-display-inline">
The Secretary may
strike and sell duplicates in bronze of the gold medal struck pursuant to
section 3 under such regulations as the Secretary may prescribe, at a price
sufficient to cover the cost thereof, including labor, materials, dies, use of
machinery, and overhead expenses, and the cost of the gold medal.
</text>
</section>
<section id="HC0D6B71068E24C1CA27349338BB2090D">
<enum>
5.
</enum>
<header>
Status of
medals
</header>
<subsection id="HEA7EED3F784440919588E052ABAA2902">
<enum>
(a)
</enum>
<header>
National
medals
</header>
<text>
The medals struck pursuant to this Act are national medals
for purposes of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/31/51">
chapter 51
</external-xref>
of title 31, United States Code.
</text>
</subsection>
<subsection id="H7BA3E21B6AAA4D558A0E8155884DB407">
<enum>
(b)
</enum>
<header>
Numismatic
items
</header>
<text>
For purposes of
<external-xref legal-doc="usc" parsable-cite="usc/31/5134">
section 5134
</external-xref>
of title 31, United States
Code, all medals struck under this Act shall be considered to be numismatic
items.
</text>
</subsection>
</section>
<section id="H6C1FD689807F4508BE82275606F630D6">
<enum>
6.
</enum>
<header>
Authority To use
fund amounts; proceeds of sale
</header>
<subsection id="HB6E91BDB22B944E1B22429E8CDF72513">
<enum>
(a)
</enum>
<header>
Authority To use
fund amounts
</header>
<text>
There is authorized to be charged against the United
States Mint Public Enterprise Fund, such amounts as may be necessary to pay for
the costs of the medals struck pursuant to this Act.
</text>
</subsection>
<subsection id="HD2582AED43094E389BF8A871F6507F33">
<enum>
(b)
</enum>
<header>
Proceeds of
sale
</header>
<text>
Amounts received from the sale of duplicate bronze medals
authorized under section 4 shall be deposited into the United States Mint
Public Enterprise Fund.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 852 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Rangel (for himself, Mr. Bishop of Georgia , Ms. Brown of Florida , Mr. Butterfield , Mrs. Christensen , Ms. Clarke , Mr. Clay , Mr. Cohen , Mr. Conyers , Mr. Cummings , Mr. Danny K. Davis of Illinois , Mr. Fattah , Ms. Fudge , Mr. Al Green of Texas , Mr. Grijalva , Ms. Hahn , Mr. Hastings of Florida , Mr. Holt , Ms. Eddie Bernice Johnson of Texas , Ms. Lee of California , Mr. Lewis , Mrs. Carolyn B. Maloney of New York , Ms. McCollum , Mr. Meeks , Ms. Moore , Ms. Norton , Mr. Payne , Mr. Rush , Mr. Scott of Virginia , Ms. Shea-Porter , Ms. Slaughter , Mr. Thompson of Mississippi , Mr. Watt , and Mr. Van Hollen ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To posthumously award a Congressional gold medal to Shirley Chisholm.
1. Short title This Act may be cited as the Shirley Chisholm Congressional Gold Medal Act . 2. Findings The Congress finds as follows: (1) Shirley Chisholm was a pioneer: She was the first African-American woman elected to Congress in 1968 where she served until 1982. (2) Shirley Chisholm inspired and led the march of political achievement by African-Americans and women in the three decades since she ran for the Presidency of the United States. (3) Her election to Congress and her candidacy for the Presidency raised the profile and aspirations of all African-Americans and women in the field of politics. (4) Shirley Chisholm was recognized for her activism, independence, and groundbreaking achievements in politics during and after the civil rights era. (5) Shirley Chisholm was born in Brooklyn, New York, on November 30, 1924, attended Brooklyn College, and earned a Master's degree from Columbia University. (6) Shirley Chisholm worked in education and social services before being elected to the New York State Assembly in 1964. (7) Shirley Chisholm established the Unity Democratic Club in 1960, which played a significant role in rallying Black and Hispanic voters in New York City. (8) In 1969, Shirley Chisholm began her service in the 91st Congress, representing Brooklyn's 12th Congressional District in the United States House of Representatives. (9) During her service in the House of Representatives, Shirley Chisholm promoted the employment of women in Congress and was vocal in her support of civil rights, women's rights, and the poor, while fervently opposing the Vietnam War. (10) In 1972, Shirley Chisholm was the first African-American to seek the nomination of a major party for President of the United States. (11) Shirley Chisholm was a co-founder of the National Organization for Women. (12) An historic figure in American political history, Shirley Chisholm died at the age of 80 in Ormond Beach, Florida, on New Year's Day 2005. 3. Congressional gold medal (a) Presentation Authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Shirley Chisholm, in recognition of her activism, independence, and groundbreaking achievements in politics, her election as the first African-American woman in the Congress, and her campaign to be the first African-American to gain the nomination of a major political party for President of the United States. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority To use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. |
113-hr-853-ih-dtd | 113-hr-853 | 113 | hr | 853 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr853ih.xml | BILLS-113hr853ih.xml | 2023-01-08 17:37:37.370 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H74B5A7F988434F67B14F50289949B600" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 853 IH: Citrus Disease Research and Development Trust Fund Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 853
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="B001260">
Mr. Buchanan
</sponsor>
(for
himself,
<cosponsor name-id="B000911">
Ms. Brown of Florida
</cosponsor>
,
<cosponsor name-id="C001066">
Ms. Castor of Florida
</cosponsor>
,
<cosponsor name-id="C001045">
Mr. Crenshaw
</cosponsor>
,
<cosponsor name-id="D000610">
Mr. Deutch
</cosponsor>
,
<cosponsor name-id="D000600">
Mr. Diaz-Balart
</cosponsor>
,
<cosponsor name-id="F000462">
Ms. Frankel of Florida
</cosponsor>
,
<cosponsor name-id="G000573">
Mr. Garcia
</cosponsor>
,
<cosponsor name-id="G000556">
Mr. Grayson
</cosponsor>
,
<cosponsor name-id="H000324">
Mr. Hastings of Florida
</cosponsor>
,
<cosponsor name-id="M001144">
Mr. Miller of Florida
</cosponsor>
,
<cosponsor name-id="M001191">
Mr. Murphy of Florida
</cosponsor>
,
<cosponsor name-id="N000185">
Mr. Nugent
</cosponsor>
,
<cosponsor name-id="P000599">
Mr. Posey
</cosponsor>
,
<cosponsor name-id="R000596">
Mr. Radel
</cosponsor>
,
<cosponsor name-id="R000583">
Mr. Rooney
</cosponsor>
,
<cosponsor name-id="R000435">
Ms. Ros-Lehtinen
</cosponsor>
,
<cosponsor name-id="R000593">
Mr. Ross
</cosponsor>
,
<cosponsor name-id="S001186">
Mr. Southerland
</cosponsor>
,
<cosponsor name-id="W000797">
Ms.
Wasserman Schultz
</cosponsor>
,
<cosponsor name-id="W000806">
Mr. Webster of
Florida
</cosponsor>
,
<cosponsor name-id="W000808">
Ms. Wilson of
Florida
</cosponsor>
,
<cosponsor name-id="Y000065">
Mr. Yoho
</cosponsor>
,
<cosponsor name-id="Y000031">
Mr. Young of Florida
</cosponsor>
,
<cosponsor name-id="H000636">
Mr. Hinojosa
</cosponsor>
,
<cosponsor name-id="C001063">
Mr. Cuellar
</cosponsor>
, and
<cosponsor name-id="B001285">
Ms. Brownley of California
</cosponsor>
) introduced
the following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and
Means
</committee-name>
, and in addition to the Committee on
<committee-name committee-id="HAG00">
Agriculture
</committee-name>
, for a period
to be subsequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee
concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To create a Citrus Disease Research and Development Trust
Fund to support research on diseases impacting the citrus industry, and for
other purposes.
</official-title>
</form>
<legis-body id="HE05F2F82858B4CFDA878210D3F6FF274" style="OLC">
<section id="H5C8AA2E4685C4EC185AB17AC3E6309F3" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Citrus Disease Research and
Development Trust Fund Act of 2013
</short-title>
</quote>
.
</text>
</section>
<section id="H6B6DBB8E011B4251BDCCEFC4FDF1B382">
<enum>
2.
</enum>
<header>
Findings and
purposes
</header>
<subsection id="H2BE50EBF7B404650A75EBC2F6E692631">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text>
Congress
finds that—
</text>
<paragraph id="H7A68D403942B4AA8A4D97EC2DC3D3092">
<enum>
(1)
</enum>
<text>
duties collected
on imports of citrus and citrus products have ranged from $32,000,000 to
$87,000,000 annually since 2004, and are projected to increase, as United
States production declines due to the effects of huanglongbing (also known as
<quote>
HLB
</quote>
or
<quote>
citrus greening disease
</quote>
) and imports
increase in response to the shortfall in the United States;
</text>
</paragraph>
<paragraph id="H715356E7442B44CF8CC2D43061CD356C">
<enum>
(2)
</enum>
<text>
in cases involving
other similarly situated agricultural commodities, notably wool, the Federal
Government has chosen to divert a portion of the tariff revenue collected on
imported products to support efforts of the domestic industry to address
challenges facing the industry;
</text>
</paragraph>
<paragraph id="H84FBCD7B755B4B76BA05E9AEC3703D81">
<enum>
(3)
</enum>
<text>
citrus and citrus
products are a highly nutritious and healthy part of a balanced diet;
</text>
</paragraph>
<paragraph id="HEED318C656434C948DA6F9F3D6C3A539">
<enum>
(4)
</enum>
<text>
citrus production
is an important part of the agricultural economy in Florida, California,
Arizona, and Texas;
</text>
</paragraph>
<paragraph id="H092F54DB00864572A64D436C53594962">
<enum>
(5)
</enum>
<text>
in 2012, citrus
fruits were produced on approximately 804,300 acres in the United States,
yielding approximately 11,373,000 tons of citrus products with a value at the
farm of more than $3,443,289,000;
</text>
</paragraph>
<paragraph id="H7543CDA1553F41F2BAAB96001F3ECC70">
<enum>
(6)
</enum>
<text>
the commercial
citrus sector employs approximately 110,000 people and contributes
approximately $13,500,000,000 to the United States economy;
</text>
</paragraph>
<paragraph id="H13B0162FCA994065ADD2A7C556B7C913">
<enum>
(7)
</enum>
<text>
the United States
citrus industry has suffered billions of dollars in damage from disease and
pests, both domestic and invasive, over the decade preceding the date of the
enactment of this Act, particularly from huanglongbing;
</text>
</paragraph>
<paragraph id="HDE90B74D931F4E07A6C5A9D0EB1200E9">
<enum>
(8)
</enum>
<text>
huanglongbing
threatens the entire United States citrus industry because the disease kills
citrus trees;
</text>
</paragraph>
<paragraph id="H8190E8A73F58435DAA9C4C45741E49D0">
<enum>
(9)
</enum>
<text>
as of the date of
the enactment of this Act, there are no cost effective or environmentally sound
treatments available to suppress or eradicate huanglongbing;
</text>
</paragraph>
<paragraph id="HC780FB1B32DC41DCA9CD9A8EEFB57F12">
<enum>
(10)
</enum>
<text>
United States
citrus producers working with Federal and State governments have devoted tens
of millions of dollars toward research and efforts to combat huanglongbing and
other diseases and pests, but more funding is needed to develop and
commercialize disease and pest solutions;
</text>
</paragraph>
<paragraph id="H566841D4F44D4C02AD88BFF0CC3AD775">
<enum>
(11)
</enum>
<text>
although imports
constitute an increasing share of the United States market, importers of citrus
products into the United States do not directly fund production research in the
United States;
</text>
</paragraph>
<paragraph id="H4F9A17B686C84384A0BB8BEF3E674BEB">
<enum>
(12)
</enum>
<text>
disease and pest
suppression technologies require determinations of safety and solutions must be
commercialized before use by citrus producers;
</text>
</paragraph>
<paragraph id="H4F1BFC074C3149B3B0DF59F163DCDA17">
<enum>
(13)
</enum>
<text>
the complex
processes involved in discovery and commercialization of safe and effective
pest and disease suppression technologies are expensive and lengthy and the
need for the technologies is urgent; and
</text>
</paragraph>
<paragraph id="H1D140EE25435438EA2C496A9301110B9">
<enum>
(14)
</enum>
<text>
research to
develop solutions to suppress huanglongbing, or other domestic and invasive
pests and diseases will benefit all citrus producers and consumers around the
world.
</text>
</paragraph>
</subsection>
<subsection id="HC65926FA3DB348AFBC46E927524FF894">
<enum>
(b)
</enum>
<header>
Purposes
</header>
<text>
The
purposes of this Act are—
</text>
<paragraph id="H1BF18047E6814F528160D1DD18753026">
<enum>
(1)
</enum>
<text>
to authorize the
establishment of a trust funded by certain tariff revenues to support
scientific research, technical assistance, and development activities to combat
citrus diseases and pests, both domestic and invasive, harming the United
States; and
</text>
</paragraph>
<paragraph id="HE7748F0F91D344F4989640A3599AC8BF">
<enum>
(2)
</enum>
<text>
to require the
President to notify the chairperson and ranking member of the Committee on
Finance of the Senate and the Committee on Ways and Means of the House of
Representatives before entering into any trade agreement that would decrease
the amount of duties collected on imports of citrus products to less than the
amount necessary to provide the grants authorized by section 1001(d) of the
Trade Act of 1974, as added by section 3(a) of this Act.
</text>
</paragraph>
</subsection>
<subsection id="HE02B437500464943901A8CAC851A6BBA">
<enum>
(c)
</enum>
<header>
Effect on other
activities
</header>
<text>
Nothing in this Act restricts the use of any funds for
scientific research and technical activities in the United States.
</text>
</subsection>
</section>
<section id="H08C469045CBA4E538231C98DF3EBF446">
<enum>
3.
</enum>
<header>
Citrus Disease
Research and Development Trust Fund
</header>
<subsection id="H49CCC6D3F9C24667B88A64FD152505F4">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Trade Act of 1974 (
<external-xref legal-doc="usc" parsable-cite="usc/19/2102">
19 U.S.C. 2102 et seq.
</external-xref>
) is amended
by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HD988761EA8744B6FA75EBBA40F609FC4" style="OLC">
<title id="H47091CF836BE42D794C1437E0871C56D">
<enum>
X
</enum>
<header>
Citrus Disease
Research and Development Trust Fund
</header>
<section id="H9D35D32E7A164D4AA5E4BADED6D7FA3D">
<enum>
1001.
</enum>
<header>
Citrus Disease
Research and Development Trust Fund
</header>
<subsection id="H0FC1E3031563434AA0180591D86504B5">
<enum>
(a)
</enum>
<header>
Establishment
</header>
<text>
There
is established in the Treasury of the United States a trust fund to be known as
the
<quote>
Citrus Disease Research and Development Trust Fund
</quote>
(in this
section referred to as the
<quote>
Trust Fund
</quote>
), consisting of such
amounts as may be transferred to the Trust Fund under subsection (b)(1) and any
amounts that may be credited to the Trust Fund under subsection (d)(2).
</text>
</subsection>
<subsection id="HA52DF18B5C6D4411AE8441B0F05B6E27">
<enum>
(b)
</enum>
<header>
Transfer of
amounts
</header>
<paragraph id="H15BFD5ACF6DE4615967FF481A8EE6946">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Subject to paragraph (2), the Secretary of the Treasury
shall transfer to the Trust Fund, from the general fund of the Treasury,
amounts determined by the Secretary to be equivalent to amounts received in the
general fund that are attributable to the duties collected on articles that are
citrus or citrus products classifiable under chapters 8, 20, 21, 22, and 33 of
the Harmonized Tariff Schedule of the United States.
</text>
</paragraph>
<paragraph id="H29C5B24DCE7E4620A2CCD85CFD49DA9F">
<enum>
(2)
</enum>
<header>
Limitation
</header>
<text>
The
amount transferred to the Trust Fund under paragraph (1) in any fiscal year may
not exceed the lesser of—
</text>
<subparagraph id="H9E81C4AB57AE4E2EA949933A5C6CB545">
<enum>
(A)
</enum>
<text>
an amount equal to
<fraction>
1/3
</fraction>
of the amount attributable to the duties received on
articles described in paragraph (1); or
</text>
</subparagraph>
<subparagraph id="H6F0DDB35F4A146B9A5C91E77CB18ADC8">
<enum>
(B)
</enum>
<text>
$30,000,000.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="H5D76BD110E3E40DB8B68143A308ED8E8">
<enum>
(c)
</enum>
<header>
Availability of
amounts in Trust Fund
</header>
<paragraph id="H5701536C2B3544BBB96DDC2DA0605445">
<enum>
(1)
</enum>
<header>
Amounts
available until expended
</header>
<text>
Amounts in the Trust Fund shall remain
available until expended without further appropriation.
</text>
</paragraph>
<paragraph id="HEA9DBE50490B46208C443674406595C6">
<enum>
(2)
</enum>
<header>
Availability for
citrus disease research and development expenditures
</header>
<text>
Amounts in
the Trust Fund shall be available to the Secretary of Agriculture—
</text>
<subparagraph id="HA9FB34059BE64E708B8AFC2E1571EB27">
<enum>
(A)
</enum>
<text>
for expenditures
relating to citrus disease research and development under section 4 of the
<short-title>
Citrus Disease Research and Development Trust
Fund Act of 2013
</short-title>
, including costs relating to contracts or other
agreements entered into to carry out citrus disease research and development;
and
</text>
</subparagraph>
<subparagraph id="HF27BD51E44084D5EA0A0A860CB81AE60">
<enum>
(B)
</enum>
<text>
to cover
administrative costs incurred by the Secretary in carrying out the provisions
of that Act.
</text>
</subparagraph>
</paragraph>
</subsection>
<subsection id="HF3BA9AC08E7545FB9116E4388BC45845">
<enum>
(d)
</enum>
<header>
Investment of
Trust Fund
</header>
<paragraph id="H4A3BA5074AF4477DAA563193E9E7011D">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
The Secretary of the Treasury shall invest such portion
of the Trust Fund as is not required to meet current withdrawals in
interest-bearing obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States. Such obligations may be
acquired on original issue at the issue price or by purchase of outstanding
obligations at the market price. Any obligation acquired by the Trust Fund may
be sold by the Secretary of the Treasury at the market price.
</text>
</paragraph>
<paragraph id="HEBB4A6D7ADB04C39BD851360EC131E03">
<enum>
(2)
</enum>
<header>
Interest and
proceeds from sale or redemption of obligations
</header>
<text>
The interest on,
and the proceeds from the sale or redemption of, any obligations held in the
Trust Fund shall be credited to and form a part of the Trust Fund.
</text>
</paragraph>
</subsection>
<subsection id="H7A0F30AB379D465DA3EC78FE39393C00">
<enum>
(e)
</enum>
<header>
Reports to
Congress
</header>
<text>
Not later than January 15, 2014, and each year
thereafter until the year after the termination of the Trust Fund, the
Secretary of the Treasury, in consultation with the Secretary of Agriculture,
shall submit to Congress a report on the financial condition and the results of
the operations of the Trust Fund that includes—
</text>
<paragraph id="H51F646B0FB2F4B79AE8629630547C252">
<enum>
(1)
</enum>
<text>
a detailed
description of the amounts disbursed from the Trust Fund in the preceding
fiscal year and the manner in which those amounts were expended;
</text>
</paragraph>
<paragraph id="H0A61F0D646D7433EA2184DFAAE981542">
<enum>
(2)
</enum>
<text>
an assessment of
the financial condition and the operations of the Trust Fund for the current
fiscal year; and
</text>
</paragraph>
<paragraph id="H5631A1F66B8940CBB972F97C510846E3">
<enum>
(3)
</enum>
<text>
an assessment of
the amounts available in the Trust Fund for future expenditures.
</text>
</paragraph>
</subsection>
<subsection id="H09C629B3BC5A46BC86FF84C878E50529">
<enum>
(f)
</enum>
<header>
Remission of
surplus funds
</header>
<text>
The Secretary of the Treasury may remit to the
general fund of the Treasury such amounts as the Secretary of Agriculture
reports to be in excess of the amounts necessary to meet the purposes of the
<short-title>
Citrus Disease Research and Development Trust
Fund Act of 2013
</short-title>
.
</text>
</subsection>
<subsection id="H983CFE4D715E42EF96DDD405B665049A">
<enum>
(g)
</enum>
<header>
Sunset
provision
</header>
<text>
The Trust Fund shall terminate on December 31 of the
fifth calendar year that begins after the date of the enactment of the
<short-title>
Citrus Disease Research and Development Trust
Fund Act of 2013
</short-title>
and all amounts in the Trust Fund on December 31
of that fifth calendar year shall be transferred to the general fund of the
Treasury.
</text>
</subsection>
</section>
<section id="HC5A8F79A01C349A9B2886812FA67CED8">
<enum>
1002.
</enum>
<header>
Reports
required before entering into certain trade agreements
</header>
<text display-inline="no-display-inline">
The President shall notify the chairperson
and ranking member of the Committee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives not later than 90 days before
entering into a trade agreement if the President determines that entering into
the trade agreement could result—
</text>
<paragraph id="H2DB104B57EFF431C991491EA408D15F5">
<enum>
(1)
</enum>
<text>
in a decrease in
the amount of duties collected on articles that are citrus or citrus products
classifiable under chapters 8, 20, 21, 22, and 33 of the Harmonized Tariff
Schedule of the United States; and
</text>
</paragraph>
<paragraph id="H46344EB1535F4C5C90372FA563F54C4A">
<enum>
(2)
</enum>
<text>
in a decrease in
the amount of funds being transferred into the Citrus Disease Research and
Development Trust Fund under section 1001 so that amounts available in the
Trust Fund are insufficient to meet the purposes of the
<short-title>
Citrus Disease Research and Development Trust
Fund Act of
2013
</short-title>
.
</text>
</paragraph>
</section>
</title>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
<subsection id="H2315F02F3795423E876D062D56AA70DF">
<enum>
(b)
</enum>
<header>
Clerical
amendment
</header>
<text>
The table of contents for the Trade Act of 1974 is
amended by adding at the end the following:
</text>
<quoted-block id="H27665D4644FD46E1ACC6877CBB8B2D26" style="OLC">
<toc>
<toc-entry idref="H47091CF836BE42D794C1437E0871C56D" level="title">
TITLE X—Citrus Disease Research and Development Trust
Fund
</toc-entry>
<toc-entry idref="H9D35D32E7A164D4AA5E4BADED6D7FA3D" level="section">
Sec. 1001. Citrus Disease Research and Development Trust
Fund.
</toc-entry>
<toc-entry idref="HC5A8F79A01C349A9B2886812FA67CED8" level="section">
Sec. 1002. Reports required before entering into certain trade
agreements.
</toc-entry>
</toc>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</subsection>
</section>
<section id="H5C2B0A03326544E1B74C89F518DDA3A3">
<enum>
4.
</enum>
<header>
Citrus Disease
Research and Development Trust Fund Advisory Board
</header>
<subsection id="HC008EDF5EE434D2E9EA2DF98EB9ADF62">
<enum>
(a)
</enum>
<header>
Purpose
</header>
<text>
The
purpose of this section is to establish an orderly procedure and financing
mechanism for the development of an effective and coordinated program of
research and product development relating to—
</text>
<paragraph id="HA0A413E55E6045B680E2B95451BE479E">
<enum>
(1)
</enum>
<text>
scientific
research concerning diseases and pests, both domestic and invasive, afflicting
the citrus industry; and
</text>
</paragraph>
<paragraph id="HA25F736102FD44C089E03B1E2281DF37">
<enum>
(2)
</enum>
<text>
support for the
dissemination and commercialization of relevant information, techniques, and
technologies discovered pursuant to research funded through the Citrus Disease
Research and Development Trust Fund established under section 1001 of the Trade
Act of 1974, as added by section 3(a) of this Act, or through other research
projects intended to solve problems caused by citrus production diseases and
invasive pests.
</text>
</paragraph>
</subsection>
<subsection id="H16AE97C11D34473AAC5AF3E60FCFEB27">
<enum>
(b)
</enum>
<header>
Definitions
</header>
<text>
In
this section:
</text>
<paragraph id="H9462DCD3DBB547F59B88EC8006EC7FBB">
<enum>
(1)
</enum>
<header>
Board
</header>
<text>
The
term
<term>
Board
</term>
means the Citrus Disease Research and Development Trust
Fund Advisory Board established under this section.
</text>
</paragraph>
<paragraph id="HE85B79DF406C42499823B8AD60811E23">
<enum>
(2)
</enum>
<header>
Citrus
</header>
<subparagraph id="HC56872966C064637BFA0A72C36D461B2">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The term
<term>
citrus
</term>
means edible fruit of the
family Rutaceae, commonly called
<quote>
citrus
</quote>
.
</text>
</subparagraph>
<subparagraph id="H42D3D2C389554D4E8F468D719C903F34">
<enum>
(B)
</enum>
<header>
Inclusion
</header>
<text>
The
term
<term>
citrus
</term>
includes all citrus hybrids and products of citrus
hybrids that are produced for commercial purposes in the United States.
</text>
</subparagraph>
</paragraph>
<paragraph id="H24EB8E178DC948FF90F5E9F75F846384">
<enum>
(3)
</enum>
<header>
Department
</header>
<text>
The
term
<term>
Department
</term>
means the Department of Agriculture.
</text>
</paragraph>
<paragraph id="H3DBC8CC9B3E6425EAE5407734D7FEAFE">
<enum>
(4)
</enum>
<header>
Person
</header>
<text>
The
term
<term>
person
</term>
means any individual, group of individuals, firm,
partnership, corporation, joint stock company, association, cooperative, or
other legal entity.
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H7B9581F371CD4108A898C13D764E68CD">
<enum>
(5)
</enum>
<header>
Producer
</header>
<text>
The
term
<term>
producer
</term>
means any person that is engaged in the domestic
production and commercial sale of citrus in the United States.
</text>
</paragraph>
<paragraph id="HE6A05668D6C44AA69DAE19F181BDA2E0">
<enum>
(6)
</enum>
<header>
Program
</header>
<text>
The
term
<term>
program
</term>
means the citrus research and development program
authorized under this section.
</text>
</paragraph>
<paragraph id="H65530FE5D4144534B3F45526EB793540">
<enum>
(7)
</enum>
<header>
Secretary
</header>
<text>
The
term
<term>
Secretary
</term>
means the Secretary of Agriculture.
</text>
</paragraph>
<paragraph id="H1DB3C25B0613414D8F51A7D2CCADD9C2">
<enum>
(8)
</enum>
<header>
Trust
Fund
</header>
<text>
The term
<term>
Trust Fund
</term>
means the Citrus Disease
Research and Development Trust Fund established under section 1001 of the Trade
Act of 1974, as added by section 3(a) of this Act.
</text>
</paragraph>
</subsection>
<subsection id="H173902A7AB4049469B0A0B48C38F94C3">
<enum>
(c)
</enum>
<header>
Implementation
</header>
<paragraph id="HC2DDB7842E7D4560AAD123D94C57566F">
<enum>
(1)
</enum>
<header>
Regulations
</header>
<text>
Not
later than 180 days after the date of the enactment of this Act, the Secretary
shall promulgate regulations to carry out this section.
</text>
</paragraph>
<paragraph id="HE16EB2795E104DB5812B05ED379CA69A">
<enum>
(2)
</enum>
<header>
Citrus Advisory
Board
</header>
<subparagraph id="H57200D836240458AAC9901A68C8A659D">
<enum>
(A)
</enum>
<header>
Establishment
and membership
</header>
<clause id="H6CDC0ABAD40744C39036635D233A4E8E">
<enum>
(i)
</enum>
<header>
Establishment
</header>
<text>
The
Citrus Disease Research and Development Trust Fund Advisory Board shall consist
of 9 members.
</text>
</clause>
<clause id="H442FF0E6B5C9423199134A630DD1ED18">
<enum>
(ii)
</enum>
<header>
Membership
</header>
<text>
The
members of the Board shall be appointed by the Secretary.
</text>
</clause>
<clause id="H75B991B43F514EFC925469588D61EBBD">
<enum>
(iii)
</enum>
<header>
Status
</header>
<text>
Members
of the Board represent the interests of the citrus industry and shall not be
considered officers or employees of the Federal Government solely due to
membership on the Board.
</text>
</clause>
</subparagraph>
<subparagraph id="H5D534E24FB464E108B95E45D5D01A4B6">
<enum>
(B)
</enum>
<header>
Distribution of
appointments
</header>
<text>
The membership of the Board shall consist of—
</text>
<clause id="HA47C4D97949643E08753270ED6155F5F">
<enum>
(i)
</enum>
<text>
5
members who are domestic producers of citrus in Florida;
</text>
</clause>
<clause id="H46D1BFF98215448485F48482BC7D1C7B">
<enum>
(ii)
</enum>
<text>
3
members who are domestic producers of citrus in Arizona or California;
and
</text>
</clause>
<clause id="HB31EF6EEEA1A4875B04322FD5B07E0E7">
<enum>
(iii)
</enum>
<text>
1
member who is a domestic producer of citrus in Texas.
</text>
</clause>
</subparagraph>
<subparagraph id="HB84BD1BEAC984B54A00A6D181908F8EE">
<enum>
(C)
</enum>
<header>
Consultation
</header>
<text>
Prior
to making appointments to the Board, the Secretary shall consult with
organizations composed primarily of citrus producers to receive advice and
recommendations regarding Board membership.
</text>
</subparagraph>
<subparagraph id="H33E948C89A52421EB5B3ADA6456541AA">
<enum>
(D)
</enum>
<header>
Board
vacancies
</header>
<clause id="H6D83A3DFCC074882837DDCF0D695E1C3">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
The Secretary shall appoint a new Board member to serve
the remainder of a term vacated by a departing Board member.
</text>
</clause>
<clause id="H9D51953AE4F745AE9541948F5C6EEF08">
<enum>
(ii)
</enum>
<header>
Requirements
</header>
<text>
When
filling a vacancy on the Board, the Secretary shall—
</text>
<subclause id="H4C2E830527614BA4B51764F60CA2B966">
<enum>
(I)
</enum>
<text>
appoint a citrus
producer from the same State as the Board member being replaced; and
</text>
</subclause>
<subclause id="HB5CB88F03340438B973B95D5795C8F0E">
<enum>
(II)
</enum>
<text>
prior to making
an appointment, consult with organizations in that State composed primarily of
citrus producers to receive advice and recommendations regarding the
vacancy.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="HC8703BB030A04CC88104E9CE0C10D344">
<enum>
(E)
</enum>
<header>
Terms
</header>
<clause id="H518ED108725241B19212122466ED3885">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
Except as provided in clause (ii), each term of
appointment to the Board shall be for 5 years.
</text>
</clause>
<clause id="H30C3DA50C96E421EAE71014D85E16A7D">
<enum>
(ii)
</enum>
<header>
Initial
appointments
</header>
<text>
In making initial appointments to the Board, the
Secretary shall appoint
<fraction>
1/3
</fraction>
of the members to terms of 1,
3, and 5 years, respectively.
</text>
</clause>
</subparagraph>
<subparagraph id="H80D68652FC5848E7AC57AA4C0B0BDB31">
<enum>
(F)
</enum>
<header>
Disqualification
from Board service
</header>
<text>
If a member or alternate of the Board who was
appointed as a domestic producer ceases to be a producer in the State from
which the member was appointed, or fails to fulfill the duties of the member
according to the rules established by the Board under paragraph (4)(A)(ii), the
member or alternate shall be disqualified from serving on the Board.
</text>
</subparagraph>
<subparagraph id="H1FC035B77AA34AA9BD563DE69F468AD1">
<enum>
(G)
</enum>
<header>
Compensation
</header>
<clause id="H02D571D5AADA4959BC2F4BDB3FB556FA">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
The members of the Board shall serve without
compensation, other than travel expenses described in clause (ii).
</text>
</clause>
<clause id="H00F934EADA8F492085F59FD3BD9D3BF9">
<enum>
(ii)
</enum>
<header>
Travel
expenses
</header>
<text>
A member of the Board shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for an employee
of an agency under subchapter I of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/5/57">
chapter 57
</external-xref>
of title 5, United States Code,
while away from the home or regular place of business of the member in the
performance of the duties of the Board.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H28457344FA4B40F4912159DEFFDE0B21">
<enum>
(3)
</enum>
<header>
Powers
</header>
<subparagraph commented="no" display-inline="no-display-inline" id="H450CF88FD8A34280961718D0CEAF31E3">
<enum>
(A)
</enum>
<header>
Gifts
</header>
<text>
The
Board may accept, use, and dispose of gifts or donations of services or
property.
</text>
</subparagraph>
<subparagraph id="HAC23B27B734B4E45B6EBF9513084AA2C">
<enum>
(B)
</enum>
<header>
Postal
services
</header>
<text>
The Board may use the United States mails in the same
manner and under the same conditions as other agencies of the Federal
Government.
</text>
</subparagraph>
<subparagraph id="H4AF8D1C7291A4AA98F774982300CB233">
<enum>
(C)
</enum>
<header>
Volunteer
services
</header>
<text>
Notwithstanding
<external-xref legal-doc="usc" parsable-cite="usc/31/1342">
section 1342
</external-xref>
of title 31, United States
Code, the Board may accept and use the services of volunteers serving without
compensation.
</text>
</subparagraph>
<subparagraph id="HC5F362A131544E198C0D4C75BF0BBE87">
<enum>
(D)
</enum>
<header>
Technical and
logistical support
</header>
<text>
Subject to the availability of funds, the
Secretary shall provide to the Board technical and logistical support through
contract or other means, including—
</text>
<clause id="HD394E1F4CCC441CDBDDD1FC2BE66C14E">
<enum>
(i)
</enum>
<text>
procuring the
services of experts and consultants in accordance with section 3109(b) of title
5, United States Code, but at rates for individuals not to exceed the daily
equivalent of the highest rate payable under section 5332 of that title;
and
</text>
</clause>
<clause id="H25EA50644B6D453ABF9D081B8B9EB1AD">
<enum>
(ii)
</enum>
<text>
entering into
contracts with departments, agencies, and instrumentalities of the Federal
Government, State agencies, and private entities for the preparation of
reports, surveys, and other activities.
</text>
</clause>
</subparagraph>
<subparagraph id="HD7ABA3272F2A4ADEA1FF17D22E507F07">
<enum>
(E)
</enum>
<header>
Detail of
Federal Government employees
</header>
<clause id="H381AD85DDFB7415AAF3243B4F889CD61">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
An employee of the Federal Government may be detailed to
the Commission on a reimbursable or nonreimbursable basis.
</text>
</clause>
<clause commented="no" display-inline="no-display-inline" id="H768E19A45B8648649A56BBB84A2AEBEA">
<enum>
(ii)
</enum>
<header>
Civil service
status
</header>
<text>
The detail of the employee shall be without interruption
or loss of civil service status or privilege.
</text>
</clause>
</subparagraph>
<subparagraph id="H63DBD469DBA64EAAA32505551C58226A">
<enum>
(F)
</enum>
<header>
General Services
Administration
</header>
<text>
The Administrator of General Services shall
provide to the Board on a reimbursable basis administrative support and other
services for the performance of the duties of the Board.
</text>
</subparagraph>
<subparagraph id="HECB0DDD993BE43E4804910FBC77EB39D">
<enum>
(G)
</enum>
<header>
Other
Departments and Agencies
</header>
<text>
Departments and agencies of the United
States may provide to the Board such services, funds, facilities, staff, and
other support services as may be appropriate.
</text>
</subparagraph>
</paragraph>
<paragraph id="H4524C1A85C374988AFF3007531FE0533">
<enum>
(4)
</enum>
<header>
General
responsibilities of the Board
</header>
<subparagraph id="H81456730351747B6AB4887050CD1F001">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The regulations promulgated by the Secretary shall define
the general responsibilities of the Board, which shall include the
responsibilities—
</text>
<clause id="H0D181881B1BE4F0382632A6A46B7CA65">
<enum>
(i)
</enum>
<text>
to
meet, organize, and select from among the members of the Board a chairperson,
other officers, and committees and subcommittees, as the Board determines to be
appropriate;
</text>
</clause>
<clause id="H5C4FF062EEA144EE8664C57B52C72ED0">
<enum>
(ii)
</enum>
<text>
to
adopt and amend rules and regulations governing the conduct of the activities
of the Board and the performance of the duties of the Board;
</text>
</clause>
<clause id="HC04B87980E4944B7B85BBA6689518000">
<enum>
(iii)
</enum>
<text>
to
hire such experts and consultants as the Board considers necessary to enable
the Board to perform the duties of the Board;
</text>
</clause>
<clause id="H0DDADAF280E447018DE453AA8E1F8906">
<enum>
(iv)
</enum>
<text>
to
advise the Secretary on citrus research and development needs;
</text>
</clause>
<clause id="H836C8209F7AC4422AD34F6E8347AFD9A">
<enum>
(v)
</enum>
<text>
to
propose a research and development agenda and annual budgets for the Trust
Fund;
</text>
</clause>
<clause id="HC507044BEBB14530B1B44F95D603730D">
<enum>
(vi)
</enum>
<text>
to
evaluate and review ongoing research funded by Trust Fund;
</text>
</clause>
<clause id="HD86C50B237B24234A9D3C9217FEA388F">
<enum>
(vii)
</enum>
<text>
to
engage in regular consultation and collaboration with the Department and other
institutional, governmental, and private actors conducting scientific research
into the causes or treatments of citrus diseases and pests, both domestic and
invasive, so as to—
</text>
<subclause id="H45164D22AD9D4D01853079EB8DA4F4B7">
<enum>
(I)
</enum>
<text>
maximize the
effectiveness of the activities;
</text>
</subclause>
<subclause id="H17E32DEAF7C94816B31368B52C3ABED1">
<enum>
(II)
</enum>
<text>
hasten the
development of useful treatments; and
</text>
</subclause>
<subclause id="H81B15CEBACA8472DA6BBA552237A7CFD">
<enum>
(III)
</enum>
<text>
avoid
duplicative and wasteful expenditures; and
</text>
</subclause>
</clause>
<clause id="H7CEE9A1FC8BE433B9E83CEC907A372D5">
<enum>
(viii)
</enum>
<text>
to provide the
Secretary with such information and advice as the Secretary may request.
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H3D9BC4DED89141369D883B95EEB7DF0B">
<enum>
(5)
</enum>
<header>
Citrus research
and development agenda and budgets
</header>
<subparagraph id="H3DDEC4BB34BF432A97A0F3CDBBB1C488">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The Board shall submit annually to the Secretary a
proposed research and development agenda and budget for the Trust Fund, which
shall include—
</text>
<clause id="HA2CA786BD0554AD48E932DF69D530653">
<enum>
(i)
</enum>
<text>
an
evaluation of ongoing research and development efforts;
</text>
</clause>
<clause id="HF606917E0E2841A88E22A3EEBB44CD32">
<enum>
(ii)
</enum>
<text>
specific
recommendations for new citrus research projects;
</text>
</clause>
<clause id="H7EBE656A270F486E8A8567A66ABED31A">
<enum>
(iii)
</enum>
<text>
a
plan for the dissemination and commercialization of relevant information,
techniques, and technologies discovered pursuant to research funded through the
Trust Fund; and
</text>
</clause>
<clause id="H529F0C3E0CF64467AA4F9A4ED97D8578">
<enum>
(iv)
</enum>
<text>
a
justification for Trust Fund expenditures.
</text>
</clause>
</subparagraph>
<subparagraph id="H300FBBE908B04ED5802EFFF5361D4261">
<enum>
(B)
</enum>
<header>
Affirmative
support required
</header>
<text>
A research and development agenda and budget may
not be submitted by the Board to the Secretary without the affirmative support
of at least 7 members of the Board.
</text>
</subparagraph>
<subparagraph id="H618CEF71E5A24AE887B1B60FFB13FBB9">
<enum>
(C)
</enum>
<header>
Secretarial
approval
</header>
<clause id="HA3FF6D2EBFF349E38004E23F9434218B">
<enum>
(i)
</enum>
<header>
In
general
</header>
<text>
Not later than 60 days after receiving the proposed
research and development agenda and budget from the Board and consulting with
the Board, the Secretary shall finalize a citrus research and development
agenda and Trust Fund budget.
</text>
</clause>
<clause id="H257D362B86C24119901BE60E8C9317E4">
<enum>
(ii)
</enum>
<header>
Considerations
</header>
<text>
In
finalizing the agenda and budget, the Secretary shall—
</text>
<subclause id="HEB9797C5C56E44A2BDAB996062417241">
<enum>
(I)
</enum>
<text>
due to the
proximity of citrus producers to the effects of diseases such as huanglongbing
and the quickly evolving nature of scientific understanding of the effect of
the diseases on citrus production, give strong deference to the proposed
research and development agenda and budget from the Board; and
</text>
</subclause>
<subclause id="H1D793F71B2E641669DCA83DB3A140402">
<enum>
(II)
</enum>
<text>
take into account
other public and private citrus-related research and development projects and
funding.
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H70D822B2F9BA4817AAD80EF6ABC0A11D">
<enum>
(D)
</enum>
<header>
Report to
Congress
</header>
<text>
Each year, the Secretary shall submit to the Committee
on Agriculture and the Committee on Ways and Means of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry and
the Committee on Finance of the Senate a report that includes—
</text>
<clause id="H4036EC56DD5443B583706FA14B73F19D">
<enum>
(i)
</enum>
<text>
the
most recent citrus research and development agenda and budget of the
Secretary;
</text>
</clause>
<clause id="HD23A042D672F4887AF3F4696C67FD578">
<enum>
(ii)
</enum>
<text>
an
analysis of how, why, and to what extent the agenda and budget finalized by the
Secretary differs from the proposal of the Board;
</text>
</clause>
<clause id="H52938580A5614693AC05A6235F939EF0">
<enum>
(iii)
</enum>
<text>
an
examination of new developments in the spread and control of citrus diseases
and pests;
</text>
</clause>
<clause id="HE10E20BBF45F456EB5F6CA069BEBBF03">
<enum>
(iv)
</enum>
<text>
a
discussion of projected research needs; and
</text>
</clause>
<clause id="HFD52009BAAF94F3F8CB1F8AE60D8D88E">
<enum>
(v)
</enum>
<text>
a
review of the effectiveness of the Trust Fund in achieving the purpose
described in subsection (a).
</text>
</clause>
</subparagraph>
</paragraph>
<paragraph id="H70B2C161522F4BB8A1492DDB32A5180F">
<enum>
(6)
</enum>
<header>
Contracts and
agreements
</header>
<text>
To ensure the efficient use of funds, the Secretary
may enter into contracts or agreements with public or private entities for the
implementation of a plan or project for citrus research.
</text>
</paragraph>
</subsection>
<subsection id="H831CB141482D4B3DA30F68664A374433">
<enum>
(d)
</enum>
<header>
Administrative
costs
</header>
<text>
Each fiscal year, the Secretary may transfer up to
$2,000,000 of amounts in the Trust Fund to the Board for expenses incurred by
the Board in carrying out the duties of the Board.
</text>
</subsection>
<subsection commented="no" display-inline="no-display-inline" id="HB0C28D936D7144F882A6672F730B4FB5">
<enum>
(e)
</enum>
<header>
Termination of
Board
</header>
<text display-inline="yes-display-inline">
The Board shall
terminate on December 31 of the fifth calendar year that begins after the date
of the enactment of this Act.
</text>
</subsection>
</section>
<section id="H4603EEEC511146C88CB6C285D5B0A7FA">
<enum>
5.
</enum>
<header>
Time for payment
of corporate estimated taxes
</header>
<text display-inline="no-display-inline">
Notwithstanding section 6655 of the Internal
Revenue Code of 1986, in the case of a corporation with assets of not less than
$1,000,000,000 (determined as of the end of the preceding taxable year)—
</text>
<paragraph id="HE17D37FDA3834624BB5694D3A0E64BB3">
<enum>
(1)
</enum>
<text>
the amount of any
required installment of corporate estimated tax which is otherwise due in July,
August, or September of 2018 shall be increased by 0.25 percent of such amount
(determined without regard to any increase in such amount not contained in such
Code); and
</text>
</paragraph>
<paragraph id="HBE013F8B8A154E848AC8C86E9FDB1972">
<enum>
(2)
</enum>
<text>
the amount of the
next required installment after an installment referred to in paragraph (1)
shall be appropriately reduced to reflect the amount of the increase by reason
of such paragraph.
</text>
</paragraph>
</section>
<section id="H71A61E5AAA6C428CBEA113C57D60CA25">
<enum>
6.
</enum>
<header>
Extension of
customs user fees
</header>
<text display-inline="no-display-inline">
Section
13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(j)(3)) is amended by adding at the end the following:
</text>
<quoted-block display-inline="no-display-inline" id="HFD7410660501486591FE368E7810D618" style="OLC">
<subparagraph commented="no" display-inline="no-display-inline" id="H0BD411E4658446709EBAF52FC85AD998" indent="up2">
<enum>
(C)
</enum>
<clause commented="no" display-inline="yes-display-inline" id="H4C727855A9454DBBB431143158A62C6D">
<enum>
(i)
</enum>
<text>
Notwithstanding
subparagraph (A), fees may be charged under paragraphs (9) and (10) of
subsection (a) during the period beginning on October 23, 2021, and ending on
November 6, 2021.
</text>
</clause>
<clause commented="no" display-inline="no-display-inline" id="H1416C3544DF4400E8C85B467AC3895D2" indent="up1">
<enum>
(ii)
</enum>
<text>
Notwithstanding subparagraph (B)(i),
fees may be charged under paragraphs (1) through (8) of subsection (a) during
the period beginning on October 30, 2021, and ending on November 13,
2021.
</text>
</clause>
</subparagraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 853 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Buchanan (for himself, Ms. Brown of Florida , Ms. Castor of Florida , Mr. Crenshaw , Mr. Deutch , Mr. Diaz-Balart , Ms. Frankel of Florida , Mr. Garcia , Mr. Grayson , Mr. Hastings of Florida , Mr. Miller of Florida , Mr. Murphy of Florida , Mr. Nugent , Mr. Posey , Mr. Radel , Mr. Rooney , Ms. Ros-Lehtinen , Mr. Ross , Mr. Southerland , Ms. Wasserman Schultz , Mr. Webster of Florida , Ms. Wilson of Florida , Mr. Yoho , Mr. Young of Florida , Mr. Hinojosa , Mr. Cuellar , and Ms. Brownley of California ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To create a Citrus Disease Research and Development Trust Fund to support research on diseases impacting the citrus industry, and for other purposes.
1. Short title This Act may be cited as the Citrus Disease Research and Development Trust Fund Act of 2013 . 2. Findings and purposes (a) Findings Congress finds that— (1) duties collected on imports of citrus and citrus products have ranged from $32,000,000 to $87,000,000 annually since 2004, and are projected to increase, as United States production declines due to the effects of huanglongbing (also known as HLB or citrus greening disease ) and imports increase in response to the shortfall in the United States; (2) in cases involving other similarly situated agricultural commodities, notably wool, the Federal Government has chosen to divert a portion of the tariff revenue collected on imported products to support efforts of the domestic industry to address challenges facing the industry; (3) citrus and citrus products are a highly nutritious and healthy part of a balanced diet; (4) citrus production is an important part of the agricultural economy in Florida, California, Arizona, and Texas; (5) in 2012, citrus fruits were produced on approximately 804,300 acres in the United States, yielding approximately 11,373,000 tons of citrus products with a value at the farm of more than $3,443,289,000; (6) the commercial citrus sector employs approximately 110,000 people and contributes approximately $13,500,000,000 to the United States economy; (7) the United States citrus industry has suffered billions of dollars in damage from disease and pests, both domestic and invasive, over the decade preceding the date of the enactment of this Act, particularly from huanglongbing; (8) huanglongbing threatens the entire United States citrus industry because the disease kills citrus trees; (9) as of the date of the enactment of this Act, there are no cost effective or environmentally sound treatments available to suppress or eradicate huanglongbing; (10) United States citrus producers working with Federal and State governments have devoted tens of millions of dollars toward research and efforts to combat huanglongbing and other diseases and pests, but more funding is needed to develop and commercialize disease and pest solutions; (11) although imports constitute an increasing share of the United States market, importers of citrus products into the United States do not directly fund production research in the United States; (12) disease and pest suppression technologies require determinations of safety and solutions must be commercialized before use by citrus producers; (13) the complex processes involved in discovery and commercialization of safe and effective pest and disease suppression technologies are expensive and lengthy and the need for the technologies is urgent; and (14) research to develop solutions to suppress huanglongbing, or other domestic and invasive pests and diseases will benefit all citrus producers and consumers around the world. (b) Purposes The purposes of this Act are— (1) to authorize the establishment of a trust funded by certain tariff revenues to support scientific research, technical assistance, and development activities to combat citrus diseases and pests, both domestic and invasive, harming the United States; and (2) to require the President to notify the chairperson and ranking member of the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives before entering into any trade agreement that would decrease the amount of duties collected on imports of citrus products to less than the amount necessary to provide the grants authorized by section 1001(d) of the Trade Act of 1974, as added by section 3(a) of this Act. (c) Effect on other activities Nothing in this Act restricts the use of any funds for scientific research and technical activities in the United States. 3. Citrus Disease Research and Development Trust Fund (a) In general The Trade Act of 1974 ( 19 U.S.C. 2102 et seq. ) is amended by adding at the end the following: X Citrus Disease Research and Development Trust Fund 1001. Citrus Disease Research and Development Trust Fund (a) Establishment There is established in the Treasury of the United States a trust fund to be known as the Citrus Disease Research and Development Trust Fund (in this section referred to as the Trust Fund ), consisting of such amounts as may be transferred to the Trust Fund under subsection (b)(1) and any amounts that may be credited to the Trust Fund under subsection (d)(2). (b) Transfer of amounts (1) In general Subject to paragraph (2), the Secretary of the Treasury shall transfer to the Trust Fund, from the general fund of the Treasury, amounts determined by the Secretary to be equivalent to amounts received in the general fund that are attributable to the duties collected on articles that are citrus or citrus products classifiable under chapters 8, 20, 21, 22, and 33 of the Harmonized Tariff Schedule of the United States. (2) Limitation The amount transferred to the Trust Fund under paragraph (1) in any fiscal year may not exceed the lesser of— (A) an amount equal to 1/3 of the amount attributable to the duties received on articles described in paragraph (1); or (B) $30,000,000. (c) Availability of amounts in Trust Fund (1) Amounts available until expended Amounts in the Trust Fund shall remain available until expended without further appropriation. (2) Availability for citrus disease research and development expenditures Amounts in the Trust Fund shall be available to the Secretary of Agriculture— (A) for expenditures relating to citrus disease research and development under section 4 of the Citrus Disease Research and Development Trust Fund Act of 2013 , including costs relating to contracts or other agreements entered into to carry out citrus disease research and development; and (B) to cover administrative costs incurred by the Secretary in carrying out the provisions of that Act. (d) Investment of Trust Fund (1) In general The Secretary of the Treasury shall invest such portion of the Trust Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. Such obligations may be acquired on original issue at the issue price or by purchase of outstanding obligations at the market price. Any obligation acquired by the Trust Fund may be sold by the Secretary of the Treasury at the market price. (2) Interest and proceeds from sale or redemption of obligations The interest on, and the proceeds from the sale or redemption of, any obligations held in the Trust Fund shall be credited to and form a part of the Trust Fund. (e) Reports to Congress Not later than January 15, 2014, and each year thereafter until the year after the termination of the Trust Fund, the Secretary of the Treasury, in consultation with the Secretary of Agriculture, shall submit to Congress a report on the financial condition and the results of the operations of the Trust Fund that includes— (1) a detailed description of the amounts disbursed from the Trust Fund in the preceding fiscal year and the manner in which those amounts were expended; (2) an assessment of the financial condition and the operations of the Trust Fund for the current fiscal year; and (3) an assessment of the amounts available in the Trust Fund for future expenditures. (f) Remission of surplus funds The Secretary of the Treasury may remit to the general fund of the Treasury such amounts as the Secretary of Agriculture reports to be in excess of the amounts necessary to meet the purposes of the Citrus Disease Research and Development Trust Fund Act of 2013 . (g) Sunset provision The Trust Fund shall terminate on December 31 of the fifth calendar year that begins after the date of the enactment of the Citrus Disease Research and Development Trust Fund Act of 2013 and all amounts in the Trust Fund on December 31 of that fifth calendar year shall be transferred to the general fund of the Treasury. 1002. Reports required before entering into certain trade agreements The President shall notify the chairperson and ranking member of the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than 90 days before entering into a trade agreement if the President determines that entering into the trade agreement could result— (1) in a decrease in the amount of duties collected on articles that are citrus or citrus products classifiable under chapters 8, 20, 21, 22, and 33 of the Harmonized Tariff Schedule of the United States; and (2) in a decrease in the amount of funds being transferred into the Citrus Disease Research and Development Trust Fund under section 1001 so that amounts available in the Trust Fund are insufficient to meet the purposes of the Citrus Disease Research and Development Trust Fund Act of 2013 . . (b) Clerical amendment The table of contents for the Trade Act of 1974 is amended by adding at the end the following: TITLE X—Citrus Disease Research and Development Trust Fund Sec. 1001. Citrus Disease Research and Development Trust Fund. Sec. 1002. Reports required before entering into certain trade agreements. . 4. Citrus Disease Research and Development Trust Fund Advisory Board (a) Purpose The purpose of this section is to establish an orderly procedure and financing mechanism for the development of an effective and coordinated program of research and product development relating to— (1) scientific research concerning diseases and pests, both domestic and invasive, afflicting the citrus industry; and (2) support for the dissemination and commercialization of relevant information, techniques, and technologies discovered pursuant to research funded through the Citrus Disease Research and Development Trust Fund established under section 1001 of the Trade Act of 1974, as added by section 3(a) of this Act, or through other research projects intended to solve problems caused by citrus production diseases and invasive pests. (b) Definitions In this section: (1) Board The term Board means the Citrus Disease Research and Development Trust Fund Advisory Board established under this section. (2) Citrus (A) In general The term citrus means edible fruit of the family Rutaceae, commonly called citrus . (B) Inclusion The term citrus includes all citrus hybrids and products of citrus hybrids that are produced for commercial purposes in the United States. (3) Department The term Department means the Department of Agriculture. (4) Person The term person means any individual, group of individuals, firm, partnership, corporation, joint stock company, association, cooperative, or other legal entity. (5) Producer The term producer means any person that is engaged in the domestic production and commercial sale of citrus in the United States. (6) Program The term program means the citrus research and development program authorized under this section. (7) Secretary The term Secretary means the Secretary of Agriculture. (8) Trust Fund The term Trust Fund means the Citrus Disease Research and Development Trust Fund established under section 1001 of the Trade Act of 1974, as added by section 3(a) of this Act. (c) Implementation (1) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out this section. (2) Citrus Advisory Board (A) Establishment and membership (i) Establishment The Citrus Disease Research and Development Trust Fund Advisory Board shall consist of 9 members. (ii) Membership The members of the Board shall be appointed by the Secretary. (iii) Status Members of the Board represent the interests of the citrus industry and shall not be considered officers or employees of the Federal Government solely due to membership on the Board. (B) Distribution of appointments The membership of the Board shall consist of— (i) 5 members who are domestic producers of citrus in Florida; (ii) 3 members who are domestic producers of citrus in Arizona or California; and (iii) 1 member who is a domestic producer of citrus in Texas. (C) Consultation Prior to making appointments to the Board, the Secretary shall consult with organizations composed primarily of citrus producers to receive advice and recommendations regarding Board membership. (D) Board vacancies (i) In general The Secretary shall appoint a new Board member to serve the remainder of a term vacated by a departing Board member. (ii) Requirements When filling a vacancy on the Board, the Secretary shall— (I) appoint a citrus producer from the same State as the Board member being replaced; and (II) prior to making an appointment, consult with organizations in that State composed primarily of citrus producers to receive advice and recommendations regarding the vacancy. (E) Terms (i) In general Except as provided in clause (ii), each term of appointment to the Board shall be for 5 years. (ii) Initial appointments In making initial appointments to the Board, the Secretary shall appoint 1/3 of the members to terms of 1, 3, and 5 years, respectively. (F) Disqualification from Board service If a member or alternate of the Board who was appointed as a domestic producer ceases to be a producer in the State from which the member was appointed, or fails to fulfill the duties of the member according to the rules established by the Board under paragraph (4)(A)(ii), the member or alternate shall be disqualified from serving on the Board. (G) Compensation (i) In general The members of the Board shall serve without compensation, other than travel expenses described in clause (ii). (ii) Travel expenses A member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board. (3) Powers (A) Gifts The Board may accept, use, and dispose of gifts or donations of services or property. (B) Postal services The Board may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (C) Volunteer services Notwithstanding section 1342 of title 31, United States Code, the Board may accept and use the services of volunteers serving without compensation. (D) Technical and logistical support Subject to the availability of funds, the Secretary shall provide to the Board technical and logistical support through contract or other means, including— (i) procuring the services of experts and consultants in accordance with section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the highest rate payable under section 5332 of that title; and (ii) entering into contracts with departments, agencies, and instrumentalities of the Federal Government, State agencies, and private entities for the preparation of reports, surveys, and other activities. (E) Detail of Federal Government employees (i) In general An employee of the Federal Government may be detailed to the Commission on a reimbursable or nonreimbursable basis. (ii) Civil service status The detail of the employee shall be without interruption or loss of civil service status or privilege. (F) General Services Administration The Administrator of General Services shall provide to the Board on a reimbursable basis administrative support and other services for the performance of the duties of the Board. (G) Other Departments and Agencies Departments and agencies of the United States may provide to the Board such services, funds, facilities, staff, and other support services as may be appropriate. (4) General responsibilities of the Board (A) In general The regulations promulgated by the Secretary shall define the general responsibilities of the Board, which shall include the responsibilities— (i) to meet, organize, and select from among the members of the Board a chairperson, other officers, and committees and subcommittees, as the Board determines to be appropriate; (ii) to adopt and amend rules and regulations governing the conduct of the activities of the Board and the performance of the duties of the Board; (iii) to hire such experts and consultants as the Board considers necessary to enable the Board to perform the duties of the Board; (iv) to advise the Secretary on citrus research and development needs; (v) to propose a research and development agenda and annual budgets for the Trust Fund; (vi) to evaluate and review ongoing research funded by Trust Fund; (vii) to engage in regular consultation and collaboration with the Department and other institutional, governmental, and private actors conducting scientific research into the causes or treatments of citrus diseases and pests, both domestic and invasive, so as to— (I) maximize the effectiveness of the activities; (II) hasten the development of useful treatments; and (III) avoid duplicative and wasteful expenditures; and (viii) to provide the Secretary with such information and advice as the Secretary may request. (5) Citrus research and development agenda and budgets (A) In general The Board shall submit annually to the Secretary a proposed research and development agenda and budget for the Trust Fund, which shall include— (i) an evaluation of ongoing research and development efforts; (ii) specific recommendations for new citrus research projects; (iii) a plan for the dissemination and commercialization of relevant information, techniques, and technologies discovered pursuant to research funded through the Trust Fund; and (iv) a justification for Trust Fund expenditures. (B) Affirmative support required A research and development agenda and budget may not be submitted by the Board to the Secretary without the affirmative support of at least 7 members of the Board. (C) Secretarial approval (i) In general Not later than 60 days after receiving the proposed research and development agenda and budget from the Board and consulting with the Board, the Secretary shall finalize a citrus research and development agenda and Trust Fund budget. (ii) Considerations In finalizing the agenda and budget, the Secretary shall— (I) due to the proximity of citrus producers to the effects of diseases such as huanglongbing and the quickly evolving nature of scientific understanding of the effect of the diseases on citrus production, give strong deference to the proposed research and development agenda and budget from the Board; and (II) take into account other public and private citrus-related research and development projects and funding. (D) Report to Congress Each year, the Secretary shall submit to the Committee on Agriculture and the Committee on Ways and Means of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Finance of the Senate a report that includes— (i) the most recent citrus research and development agenda and budget of the Secretary; (ii) an analysis of how, why, and to what extent the agenda and budget finalized by the Secretary differs from the proposal of the Board; (iii) an examination of new developments in the spread and control of citrus diseases and pests; (iv) a discussion of projected research needs; and (v) a review of the effectiveness of the Trust Fund in achieving the purpose described in subsection (a). (6) Contracts and agreements To ensure the efficient use of funds, the Secretary may enter into contracts or agreements with public or private entities for the implementation of a plan or project for citrus research. (d) Administrative costs Each fiscal year, the Secretary may transfer up to $2,000,000 of amounts in the Trust Fund to the Board for expenses incurred by the Board in carrying out the duties of the Board. (e) Termination of Board The Board shall terminate on December 31 of the fifth calendar year that begins after the date of the enactment of this Act. 5. Time for payment of corporate estimated taxes Notwithstanding section 6655 of the Internal Revenue Code of 1986, in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year)— (1) the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2018 shall be increased by 0.25 percent of such amount (determined without regard to any increase in such amount not contained in such Code); and (2) the amount of the next required installment after an installment referred to in paragraph (1) shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph. 6. Extension of customs user fees Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by adding at the end the following: (C) (i) Notwithstanding subparagraph (A), fees may be charged under paragraphs (9) and (10) of subsection (a) during the period beginning on October 23, 2021, and ending on November 6, 2021. (ii) Notwithstanding subparagraph (B)(i), fees may be charged under paragraphs (1) through (8) of subsection (a) during the period beginning on October 30, 2021, and ending on November 13, 2021. . |
113-hr-854-ih-dtd | 113-hr-854 | 113 | hr | 854 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr854ih.xml | BILLS-113hr854ih.xml | 2023-01-08 17:37:36.664 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HFA7D74C7C38A496E9B80571834FF3D65" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 854 IH: Qods Force Terrorist Designation Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 854
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="M001157">
Mr. McCaul
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HJU00">
Committee on the
Judiciary
</committee-name>
, and in addition to the Committee on
<committee-name committee-id="HFA00">
Foreign Affairs
</committee-name>
, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To direct the Secretary of State to designate Iran’s
Islamic Revolutionary Guard Corps Qods Force as a foreign terrorist
organization, and for other purposes.
</official-title>
</form>
<legis-body id="H75BA373EA0634C4697777D7E4854ACDE" style="OLC">
<section id="HBE837EE71A6A4DD6809AF8C80813415E" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Qods Force Terrorist Designation
Act
</short-title>
</quote>
.
</text>
</section>
<section id="H424EE88864494431AFC1C399042A16C9">
<enum>
2.
</enum>
<header>
Findings
</header>
<text display-inline="no-display-inline">
Congress finds the following:
</text>
<paragraph id="H90AE5408E87246EE95774E8848EF7BC7">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
On January 19, 1984, the Secretary of State
determined that the Islamic Republic of Iran is a state sponsor of
terrorism.
</text>
</paragraph>
<paragraph id="H3886EC8B13684013A1D1F345F078A65F">
<enum>
(2)
</enum>
<text>
The Qods Force is
the elite external operations branch of the Iran’s Islamic Revolutionary Guard
Corps and the Iranian regime’s primary mechanism for cultivating and supporting
terrorists abroad.
</text>
</paragraph>
<paragraph id="H58CB5BB3D8A34C54A4E5D75DE47CB7A2">
<enum>
(3)
</enum>
<text>
The Qods Force
provides aid in the form of weapons, training, and funding to Hamas and other
Palestinian terrorist groups, Lebanese Hizballah, Iraq-based militants, and
Taliban fighters in Afghanistan.
</text>
</paragraph>
<paragraph id="HB021BF45BD064EEF93F65879D979D70D">
<enum>
(4)
</enum>
<text>
The Qods Force is
behind some of the deadliest terrorist attacks of the past three decades,
including the 1983 and 1984 bombings of the United States Embassy and annex in
Beirut, the 1983 bombing of the Marine barracks in Beirut, the 1992 bombing of
the Israeli embassy in Buenos Aires, 1994 attack on the AMIA Jewish Community
Center in Buenos Aires, and the 1996 Khobar Towers bombing in Saudi
Arabia.
</text>
</paragraph>
<paragraph id="HAA3E9600D4E44B67BD2556DFD3061375">
<enum>
(5)
</enum>
<text>
In 2007, President
George W. Bush and General David Petraeus, the top U.S. commander in Iraq,
accused Iran’s Qods Force of aiding militias in killing American soldiers in
Iraq.
</text>
</paragraph>
<paragraph id="H6B54FBCC6B604A15B9FD97BCFEC27B63">
<enum>
(6)
</enum>
<text>
In 2007, the U.S.
Department of the Treasury designated the Qods Force for providing material
support to the Taliban and other terrorist organizations.
</text>
</paragraph>
<paragraph id="HA5BC5115ACFF42D6B7D88424CCD8833D">
<enum>
(7)
</enum>
<text display-inline="yes-display-inline">
On October 25, 2007, Iran’s Islamic
Revolutionary Guard Corps Qods Force was sanctioned under Executive Order
13382, for supporting proliferation of weapons of mass destruction.
</text>
</paragraph>
<paragraph id="H23D20FF7C2434CA0877BD3ACE07B56F4">
<enum>
(8)
</enum>
<text>
Section 1258 of
the National Defense Authorization Act for Fiscal Year 2008 expressed the sense
of Congress that
<quote>
the United States should designate Iran's Islamic
Revolutionary Guards Corps as a foreign terrorist organization under section
219 of the Immigration and Nationality Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1189">
8 U.S.C. 1189
</external-xref>
) and place the
Islamic Revolutionary Guards Corps on the list of Specially Designated Global
Terrorists, as established under the International Emergency Economic Powers
Act (
<external-xref legal-doc="usc" parsable-cite="usc/50/1701">
50 U.S.C. 1701 et seq.
</external-xref>
) and initiated under Executive Order 13224
(September 23, 2001)
</quote>
.
</text>
</paragraph>
<paragraph id="H3DC0CD27AF72491AA438AD3383FCF7D8">
<enum>
(9)
</enum>
<text display-inline="yes-display-inline">
In the period following the June 2009
presidential election in Iran, the Qods Force was implicated in custodial
deaths and the killings of election protesters and committed other acts of
politically motivated violence, including torture, beatings, and rape.
</text>
</paragraph>
<paragraph id="H949BF41BBF15411DABB96CB944033DB6">
<enum>
(10)
</enum>
<text>
On April 29,
2011, President Obama issued Executive Order 13572, Blocking Property of
Certain Persons With Respect to Human Rights Abuses in Syria, including the
Qods Force, for the repression of the people of Syria, manifested most recently
by the use of violence and torture against, and arbitrary arrests and
detentions of, peaceful protestors by police, security forces, and other
entities that have engaged in human rights abuses, which constitute an unusual
and extraordinary threat to the national security, foreign policy, and economy
of the United States.
</text>
</paragraph>
<paragraph id="H80AED6D9B901410EAC2D41CFAE6EC5C1">
<enum>
(11)
</enum>
<text>
On October 11,
2011, the U.S. Department of Justice announced that two members of Iran’s Qods
Force were charged in an alleged plot to assassinate the Saudi Arabian
Ambassador to the Unites States. The criminal complaint against them included
charges of conspiracy to murder a foreign official; conspiracy to engage in
foreign travel and use of interstate and foreign commerce facilities in the
commission of murder-for-hire; conspiracy to use a weapon of mass destruction
(explosives); and conspiracy to commit an act of international terrorism
transcending national boundaries.
</text>
</paragraph>
<paragraph id="H6E038ABC533E4BD5A864070957A10AE3">
<enum>
(12)
</enum>
<text>
On March 7, 2012,
the U.S. Department of the Treasury designated Iran’s Qods Force General
Gholamreza Baghbani as a Specially Designated Narcotics Trafficker for the role
that the Qods Force played in its scheme to support terrorism.
</text>
</paragraph>
<paragraph id="H6EA89A56771F4152A27EF141CCC7FC01">
<enum>
(13)
</enum>
<text>
Iran’s Qods Force
stations operatives in foreign embassies, charities, and religious and cultural
institutions to foster relationships, often building on existing socio-economic
ties with the well-established Shia Diaspora, and recent years have witnessed
an increased presence in Latin America.
</text>
</paragraph>
</section>
<section id="H500ACE5610D444628F6D556257D7C800" section-type="subsequent-section">
<enum>
3.
</enum>
<header>
Designation of Iran’s
Islamic Revolutionary Guard Corps Qods Force as a foreign terrorist
organization
</header>
<text display-inline="no-display-inline">
The Secretary of
State shall designate Iran’s Islamic Revolutionary Guard Corps Qods Force as a
foreign terrorist organization under section 219 of the Immigration and
Nationality Act (
<external-xref legal-doc="usc" parsable-cite="usc/8/1189">
8 U.S.C. 1189
</external-xref>
).
</text>
</section>
<section id="H9A635FAF185A4144B05BC04BE05ABBCD">
<enum>
4.
</enum>
<header>
Report
</header>
<text display-inline="no-display-inline">
The Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives and the Committee
on Foreign Relations of the Senate a report on terrorist activities of Iran’s
Islamic Revolutionary Guard Corps Qods Force.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 854 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. McCaul introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of State to designate Iran’s Islamic Revolutionary Guard Corps Qods Force as a foreign terrorist organization, and for other purposes.
1. Short title This Act may be cited as the Qods Force Terrorist Designation Act . 2. Findings Congress finds the following: (1) On January 19, 1984, the Secretary of State determined that the Islamic Republic of Iran is a state sponsor of terrorism. (2) The Qods Force is the elite external operations branch of the Iran’s Islamic Revolutionary Guard Corps and the Iranian regime’s primary mechanism for cultivating and supporting terrorists abroad. (3) The Qods Force provides aid in the form of weapons, training, and funding to Hamas and other Palestinian terrorist groups, Lebanese Hizballah, Iraq-based militants, and Taliban fighters in Afghanistan. (4) The Qods Force is behind some of the deadliest terrorist attacks of the past three decades, including the 1983 and 1984 bombings of the United States Embassy and annex in Beirut, the 1983 bombing of the Marine barracks in Beirut, the 1992 bombing of the Israeli embassy in Buenos Aires, 1994 attack on the AMIA Jewish Community Center in Buenos Aires, and the 1996 Khobar Towers bombing in Saudi Arabia. (5) In 2007, President George W. Bush and General David Petraeus, the top U.S. commander in Iraq, accused Iran’s Qods Force of aiding militias in killing American soldiers in Iraq. (6) In 2007, the U.S. Department of the Treasury designated the Qods Force for providing material support to the Taliban and other terrorist organizations. (7) On October 25, 2007, Iran’s Islamic Revolutionary Guard Corps Qods Force was sanctioned under Executive Order 13382, for supporting proliferation of weapons of mass destruction. (8) Section 1258 of the National Defense Authorization Act for Fiscal Year 2008 expressed the sense of Congress that the United States should designate Iran's Islamic Revolutionary Guards Corps as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) and place the Islamic Revolutionary Guards Corps on the list of Specially Designated Global Terrorists, as established under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) and initiated under Executive Order 13224 (September 23, 2001) . (9) In the period following the June 2009 presidential election in Iran, the Qods Force was implicated in custodial deaths and the killings of election protesters and committed other acts of politically motivated violence, including torture, beatings, and rape. (10) On April 29, 2011, President Obama issued Executive Order 13572, Blocking Property of Certain Persons With Respect to Human Rights Abuses in Syria, including the Qods Force, for the repression of the people of Syria, manifested most recently by the use of violence and torture against, and arbitrary arrests and detentions of, peaceful protestors by police, security forces, and other entities that have engaged in human rights abuses, which constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. (11) On October 11, 2011, the U.S. Department of Justice announced that two members of Iran’s Qods Force were charged in an alleged plot to assassinate the Saudi Arabian Ambassador to the Unites States. The criminal complaint against them included charges of conspiracy to murder a foreign official; conspiracy to engage in foreign travel and use of interstate and foreign commerce facilities in the commission of murder-for-hire; conspiracy to use a weapon of mass destruction (explosives); and conspiracy to commit an act of international terrorism transcending national boundaries. (12) On March 7, 2012, the U.S. Department of the Treasury designated Iran’s Qods Force General Gholamreza Baghbani as a Specially Designated Narcotics Trafficker for the role that the Qods Force played in its scheme to support terrorism. (13) Iran’s Qods Force stations operatives in foreign embassies, charities, and religious and cultural institutions to foster relationships, often building on existing socio-economic ties with the well-established Shia Diaspora, and recent years have witnessed an increased presence in Latin America. 3. Designation of Iran’s Islamic Revolutionary Guard Corps Qods Force as a foreign terrorist organization The Secretary of State shall designate Iran’s Islamic Revolutionary Guard Corps Qods Force as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). 4. Report The Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on terrorist activities of Iran’s Islamic Revolutionary Guard Corps Qods Force. |
113-hr-855-ih-dtd | 113-hr-855 | 113 | hr | 855 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr855ih.xml | BILLS-113hr855ih.xml | 2023-01-08 17:37:36.436 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H5E015E7460BE4648B1BE8935EDE27D6E" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 855 IH: Optometric Equity in Medicaid Act
</dc:title>
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U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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I
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<congress>
113th CONGRESS
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1st Session
</session>
<legis-num>
H. R. 855
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="H000067">
Mr. Hall
</sponsor>
(for
himself,
<cosponsor name-id="S001145">
Ms. Schakowsky
</cosponsor>
,
<cosponsor name-id="T000459">
Mr. Terry
</cosponsor>
,
<cosponsor name-id="L000397">
Ms. Lofgren
</cosponsor>
,
<cosponsor name-id="L000565">
Mr. Loebsack
</cosponsor>
,
<cosponsor name-id="B001278">
Ms. Bonamici
</cosponsor>
,
<cosponsor name-id="D000399">
Mr. Doggett
</cosponsor>
,
<cosponsor name-id="E000288">
Mr. Ellison
</cosponsor>
,
<cosponsor name-id="B000574">
Mr. Blumenauer
</cosponsor>
,
<cosponsor name-id="C001084">
Mr. Cicilline
</cosponsor>
,
<cosponsor name-id="N000147">
Ms. Norton
</cosponsor>
,
<cosponsor name-id="K000375">
Mr. Keating
</cosponsor>
, and
<cosponsor name-id="W000413">
Mr. Whitfield
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name committee-id="HIF00">
Committee on Energy and
Commerce
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend title XIX of the Social Security Act to require
Medicaid coverage of optometrists.
</official-title>
</form>
<legis-body id="HF6DAE26AFE944BA8BAB000EC63AF197D" style="OLC">
<section id="HDA042B1C3DF3463D87639DE3415C3A67" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Optometric Equity in Medicaid
Act
</short-title>
</quote>
.
</text>
</section>
<section id="H3EE4C8606D7D48BF821C40B29ADBE612">
<enum>
2.
</enum>
<header>
Requiring
coverage of services of optometrists
</header>
<subsection id="HEF8A2A092B344B21A94384B9125D20E4">
<enum>
(a)
</enum>
<header>
In
General
</header>
<text>
Section 1905(a)(5) of the Social Security Act (42 U.S.C.
1396d(a)(5)) is amended—
</text>
<paragraph id="HDABEA48009304995B1C06DFA4CC85551">
<enum>
(1)
</enum>
<text>
by striking
<quote>
and
</quote>
before
<quote>
(B)
</quote>
; and
</text>
</paragraph>
<paragraph id="HC4D9CC64418D4710B7E4717DA384229A">
<enum>
(2)
</enum>
<text>
by inserting
before the semicolon at the end the following:
<quote>
, and (C) medical and
other health services (as defined in section 1861(s)) as authorized by State
law, furnished by an optometrist (described in section 1861(r)(4)) to the
extent such services may be performed under State law
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="HE44E031C7BFF40348437D9CE25F63AC5">
<enum>
(b)
</enum>
<header>
Effective
Date
</header>
<paragraph id="H0EB767666C7143BCBDA23CE57A1632D0">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
Except as provided in paragraph (2), the amendments made
by subsection (a) shall take effect 90 days after the date of the enactment of
this Act and shall apply to services furnished and other actions required on or
after such date.
</text>
</paragraph>
<paragraph id="H5EE70485AF0F416B88A5F0F28CD76EC2">
<enum>
(2)
</enum>
<header>
Rule for changes
requiring state legislation
</header>
<text>
In the case of a State plan for
medical assistance under title XIX of the Social Security Act which the
Secretary of Health and Human Services determines requires State legislation
(other than legislation appropriating funds) in order for the plan to meet the
additional requirement imposed by the amendments made by subsection (a), the
State plan shall not be regarded as failing to comply with the requirements of
such title solely on the basis of its failure to meet this additional
requirement before the first day of the first calendar quarter beginning after
the close of the first regular session of the State legislature that begins
after the date of the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative session, each
year of such session shall be deemed to be a separate regular session of the
State legislature.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 855 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Hall (for himself, Ms. Schakowsky , Mr. Terry , Ms. Lofgren , Mr. Loebsack , Ms. Bonamici , Mr. Doggett , Mr. Ellison , Mr. Blumenauer , Mr. Cicilline , Ms. Norton , Mr. Keating , and Mr. Whitfield ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to require Medicaid coverage of optometrists.
1. Short title This Act may be cited as the Optometric Equity in Medicaid Act . 2. Requiring coverage of services of optometrists (a) In General Section 1905(a)(5) of the Social Security Act (42 U.S.C. 1396d(a)(5)) is amended— (1) by striking and before (B) ; and (2) by inserting before the semicolon at the end the following: , and (C) medical and other health services (as defined in section 1861(s)) as authorized by State law, furnished by an optometrist (described in section 1861(r)(4)) to the extent such services may be performed under State law . (b) Effective Date (1) In general Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act and shall apply to services furnished and other actions required on or after such date. (2) Rule for changes requiring state legislation In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. |
113-hr-856-ih-dtd | 113-hr-856 | 113 | hr | 856 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr856ih.xml | BILLS-113hr856ih.xml | 2023-01-08 17:37:36.544 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<dc:title>
113 HR 856 IH: To amend the Internal Revenue Code of 1986 to require the social security number of the student and the employer identification number of the educational institution for purposes of education tax credits.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
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2013-02-27
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<dc:format>
text/xml
</dc:format>
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EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 856
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="B001273">
Mrs. Black
</sponsor>
(for
herself,
<cosponsor name-id="S001179">
Mr. Schock
</cosponsor>
,
<cosponsor name-id="W000796">
Mr. Westmoreland
</cosponsor>
, and
<cosponsor name-id="R000582">
Mr. Roe of Tennessee
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and Means
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Internal Revenue Code of 1986 to require the
social security number of the student and the employer identification number of
the educational institution for purposes of education tax
credits.
</official-title>
</form>
<legis-body id="HAE1E74D40704450391A4371A1C0F4B98" style="OLC">
<section id="HCC4B47537AD649DDA3A613AB069F6F81" section-type="section-one">
<enum>
1.
</enum>
<header>
Social security number and
employer identification number required for education tax credits
</header>
<subsection id="H3FF83BDF043C48BAAC3FA5CEFEB073B4">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Paragraph (1) of
<external-xref legal-doc="usc" parsable-cite="usc/26/25A">
section 25A(g)
</external-xref>
of the Internal Revenue Code of 1986 is amended—
</text>
<paragraph id="H7339EBCE11724881A9E910974D51D3B7">
<enum>
(1)
</enum>
<text>
by striking
<quote>
taxpayer identification number
</quote>
and inserting
<quote>
social
security number
</quote>
, and
</text>
</paragraph>
<paragraph id="HF77422410DF84BFDA592E7738DA9DEC9">
<enum>
(2)
</enum>
<text>
by inserting
<quote>
, and the employer identification number of any institution to which
qualified tuition and related expenses were paid with respect to such
individual,
</quote>
after
<quote>
such individual
</quote>
.
</text>
</paragraph>
</subsection>
<subsection id="H2C955B1FC33840B9B54548A4F6A5D879">
<enum>
(b)
</enum>
<header>
Omission treated
as mathematical or clerical error
</header>
<text display-inline="yes-display-inline">
Subparagraph (J) of section 6213(g)(2) of
such Code is amended by striking
<quote>
TIN
</quote>
and inserting
<quote>
social
security number and employer identification number
</quote>
.
</text>
</subsection>
<subsection id="H2BFB8976B2BB480B8CD475980323012C">
<enum>
(c)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by this section shall apply to taxable
years beginning after December 31, 2013.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 856 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mrs. Black (for herself, Mr. Schock , Mr. Westmoreland , and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to require the social security number of the student and the employer identification number of the educational institution for purposes of education tax credits.
1. Social security number and employer identification number required for education tax credits (a) In general Paragraph (1) of section 25A(g) of the Internal Revenue Code of 1986 is amended— (1) by striking taxpayer identification number and inserting social security number , and (2) by inserting , and the employer identification number of any institution to which qualified tuition and related expenses were paid with respect to such individual, after such individual . (b) Omission treated as mathematical or clerical error Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking TIN and inserting social security number and employer identification number . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. |
113-hr-857-ih-dtd | 113-hr-857 | 113 | hr | 857 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr857ih.xml | BILLS-113hr857ih.xml | 2023-01-08 17:37:36.063 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HEF238FA466D746F5BE294EF592C48351" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 857 IH: Protect Troops at War Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 857
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="C001094">
Mr. Cook
</sponsor>
introduced
the following bill; which was referred to the
<committee-name committee-id="HBU00">
Committee on the Budget
</committee-name>
,
and in addition to the Committee on
<committee-name committee-id="HAP00">
Appropriations
</committee-name>
, for a period to be
subsequently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend section 251A of the Balanced Budget and
Emergency Deficit Control Act of 1985 to eliminate the Department of Defense
sequestration for fiscal years 2013 and 2014 and sequester such eliminated sums
over a period of fiscal years 2015 through 2021.
</official-title>
</form>
<legis-body id="HD750141F0AF545D4AF5EDB1A12A14F59" style="OLC">
<section id="HDEB92AD85F70421A94365DFD53DA6E67" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Protect Troops at War Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section commented="no" id="HA901C2C01DF145D2A2C92053CC184658" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Findings and
purpose
</header>
<subsection id="H3ECF9061B0344674887686AE26D0AD7F">
<enum>
(a)
</enum>
<header>
Findings
</header>
<text>
Congress
finds the following:
</text>
<paragraph id="H5E5376F30FB44B569C9FA3FB802A6B95">
<enum>
(1)
</enum>
<text>
On August 2, 2011,
the President signed into law S. 365, the Budget Control Act of 2011, which
reduced defense discretionary spending by $478 billion over ten years.
</text>
</paragraph>
<paragraph id="H50703FDC1F7C4CFE9300918054BDF705">
<enum>
(2)
</enum>
<text>
The Budget Control
Act of 2011 also established a sequestration in the event that a Joint Select
Committee on Deficit Reduction could not agree on an additional $1.2 trillion
in savings by November 2011.
</text>
</paragraph>
<paragraph id="HF883D6B69B7E4CE8B60FB489049D5F8D">
<enum>
(3)
</enum>
<text>
The Joint Select
Committee on Deficit Reduction was unable to reach an agreement, which
triggered sequestration, resulting in an additional $495 billion reduction in
defense spending over the same ten-year period.
</text>
</paragraph>
<paragraph id="H0468809D69B0491192E8CB5B5B1AEFE8">
<enum>
(4)
</enum>
<text>
If these
reductions in defense spending remain intact, the total portion of defense
spending as a percentage of the total U.S. budget will be at its lowest point
since before World War II.
</text>
</paragraph>
<paragraph id="H5BAB1BB81F4D4B2EA068A5DC51EE3E99">
<enum>
(5)
</enum>
<text>
Sequestration
alone would reduce our military force to its smallest level since 1940,
resulting in the separation of more than 100,000 soldiers, sailors, Marines,
and airmen.
</text>
</paragraph>
<paragraph id="HD7EA1D494F6E43E197E0F6444D0091E7">
<enum>
(6)
</enum>
<text>
Since 2009, the
number of troops has more than doubled in Afghanistan from 30,000 to 66,000
today. During the same period, Congress has actively reduced the budget for the
Department of Defense.
</text>
</paragraph>
</subsection>
<subsection id="H36847BAC2D784854827ACDA841A2CC8B">
<enum>
(b)
</enum>
<header>
Purpose
</header>
<text>
It
is the purpose of this Act to:
</text>
<paragraph id="H98D8A24420CC4131AF194EE60D536F61">
<enum>
(1)
</enum>
<text>
Avoid deeper,
irresponsible defense cuts in the face of an increasingly dangerous world that
unnecessarily threaten our national security and will cost American lives in
armed conflict abroad.
</text>
</paragraph>
<paragraph id="H0B3160A5EAB940DA881AE16C42800E47">
<enum>
(2)
</enum>
<text>
Invest in advanced
military technology in order to equip the U.S. military with the best resources
available to defend our country.
</text>
</paragraph>
<paragraph id="H8D788577154644C8A9FFBFE037AD60A6">
<enum>
(3)
</enum>
<text>
Not allow the
strategy of the U.S. military to be driven by budget constraints, which is
unacceptable. The strategy should drive the budget. Avoiding cuts while our
troops are at war allows necessary time to adjust strategy for the restructured
force post-Afghanistan. Before the House Armed Services Committee, Chairman of
the Joint Chiefs General Dempsey testified
<quote>
If you want [your military]
to be doing what it’s doing today, then we can’t give you another
dollar.
</quote>
.
</text>
</paragraph>
<paragraph id="H609AE6F472BE4F0C9A07B39B69FA19BD">
<enum>
(4)
</enum>
<text>
Ensure that the
U.S. military forces are adequately prepared. Commandant of the Marine Corps,
General Amos, in his statement before the House Armed Services Committee
remarked,
<quote>
By the end of calendar year 2013, less than half of our ground
units will be trained to the minimum readiness level required for
deployment.
</quote>
. Sequestration, if left unchecked, will cost American
lives. The hollow force experienced during the Korean War would be today’s
reality.
</text>
</paragraph>
<paragraph id="H6F5DFB5B4C854019AB7BE349743D70D3">
<enum>
(5)
</enum>
<text>
Halt irresponsible
budget cuts because no amount of savings can justify the loss of one American
service member.
</text>
</paragraph>
</subsection>
</section>
<section id="H6A0A41F24C01407CBCB82317483061D0">
<enum>
3.
</enum>
<header>
Postponement of
FY 2013 and 2014 defense sequestration
</header>
<text display-inline="no-display-inline">
Section 251A of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by adding at the end the
following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="HC5342B0219B749639928E4305A0583F4" style="OLC">
<paragraph id="HF720807F9C95473CBA4674EA381F34F4">
<enum>
(12)
</enum>
<text display-inline="yes-display-inline">
Notwithstanding paragraphs (5) and (8),
there shall be no reductions under this section to discretionary appropriations
or direct spending for fiscal year 2013 or 2014 for the defense function. The
reduction that would otherwise have occurred shall be added to and distributed
equally among the sequestration for the defense function for fiscal years 2015
through
2021.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</section>
<section id="H59CDC4784BC640BCB60A0DA57EDE915D">
<enum>
4.
</enum>
<header>
Transfer
authority for funding of department of defense under continuing resolution and
sequester consistent with amounts authorized by national defense authorization
act for fiscal year 2013
</header>
<subsection id="H2DE56E20C40344BE94DA2469E92CA0FF">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
In accordance with subsection (b), the Secretary of
Defense may transfer amounts appropriated for the Department of Defense by the
Continuing Appropriations Resolution (
<external-xref legal-doc="public-law" parsable-cite="pl/112/175">
Public Law 112–175
</external-xref>
) among accounts of the
Department of Defense.
</text>
</subsection>
<subsection id="H26399FB551C64C49BF26003616827DA3">
<enum>
(b)
</enum>
<header>
Transfers
consistent with amounts appropriated or authorized
</header>
<text>
In the event
of any transfers under subsection (a), the total amount in any account of the
Department of Defense that is available for obligation and expenditure in
fiscal year 2013 shall be consistent with, and may not exceed—
</text>
<paragraph id="HED62C1F7D5E349BB94D35EEBAE0AF021">
<enum>
(1)
</enum>
<text>
if a regular
appropriation Act making appropriations for the Department of Defense for
fiscal year 2013 is enacted before the date of the transfer, the level provided
for that account for that fiscal year by applicable provisions of such Act;
or
</text>
</paragraph>
<paragraph id="H7B9ADAB7F60F49EF9411A8CBF4D680F1">
<enum>
(2)
</enum>
<text>
if no such Act is
enacted before the date of the transfer, the amount authorized to be
appropriated for that account for that fiscal year by applicable provisions of
division A of the National Defense Authorization Act for Fiscal Year 2013
(
<external-xref legal-doc="public-law" parsable-cite="pl/112/239">
Public Law 112–239
</external-xref>
).
</text>
</paragraph>
</subsection>
<subsection id="HC870297B22AD4CE68370343D216331FC">
<enum>
(c)
</enum>
<header>
Notice to
congress
</header>
<text>
Not later than 15 days before any transfer under
subsection (a), the Secretary of Defense shall submit to the congressional
defense committees a report setting forth a description of the transfer,
including the amount of the transfer and the accounts from and to which the
funds were transferred.
</text>
</subsection>
<subsection id="H9FA466B58EB84E5E8876BB1A8A6653D5">
<enum>
(d)
</enum>
<header>
Transfer subject
to notification requirements
</header>
<text>
In addition to the notice required
under subsection (c), a transfer under subsection (a) shall be subject to the
applicable notification requirements for reprogramming in division A of Public
Law 112–74.
</text>
</subsection>
<subsection id="HBF54507E37FF46E7ABF311D959C1E1DD">
<enum>
(e)
</enum>
<header>
Transfer
authority
</header>
<text>
The transfer authority provided by subsection (a) is in
addition to any other transfer authority provided by law.
</text>
</subsection>
<subsection id="H9A24FC096501445D8FEE73BC12DDE219">
<enum>
(f)
</enum>
<header>
Definition
</header>
<text>
In
this section, the term
<quote>
congressional defense committees
</quote>
has the
meaning given that term in
<external-xref legal-doc="usc" parsable-cite="usc/10/101">
section 101(a)(16)
</external-xref>
of title 10, United States
Code.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 857 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Cook introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committee on Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 to eliminate the Department of Defense sequestration for fiscal years 2013 and 2014 and sequester such eliminated sums over a period of fiscal years 2015 through 2021.
1. Short title This Act may be cited as the Protect Troops at War Act of 2013 . 2. Findings and purpose (a) Findings Congress finds the following: (1) On August 2, 2011, the President signed into law S. 365, the Budget Control Act of 2011, which reduced defense discretionary spending by $478 billion over ten years. (2) The Budget Control Act of 2011 also established a sequestration in the event that a Joint Select Committee on Deficit Reduction could not agree on an additional $1.2 trillion in savings by November 2011. (3) The Joint Select Committee on Deficit Reduction was unable to reach an agreement, which triggered sequestration, resulting in an additional $495 billion reduction in defense spending over the same ten-year period. (4) If these reductions in defense spending remain intact, the total portion of defense spending as a percentage of the total U.S. budget will be at its lowest point since before World War II. (5) Sequestration alone would reduce our military force to its smallest level since 1940, resulting in the separation of more than 100,000 soldiers, sailors, Marines, and airmen. (6) Since 2009, the number of troops has more than doubled in Afghanistan from 30,000 to 66,000 today. During the same period, Congress has actively reduced the budget for the Department of Defense. (b) Purpose It is the purpose of this Act to: (1) Avoid deeper, irresponsible defense cuts in the face of an increasingly dangerous world that unnecessarily threaten our national security and will cost American lives in armed conflict abroad. (2) Invest in advanced military technology in order to equip the U.S. military with the best resources available to defend our country. (3) Not allow the strategy of the U.S. military to be driven by budget constraints, which is unacceptable. The strategy should drive the budget. Avoiding cuts while our troops are at war allows necessary time to adjust strategy for the restructured force post-Afghanistan. Before the House Armed Services Committee, Chairman of the Joint Chiefs General Dempsey testified If you want [your military] to be doing what it’s doing today, then we can’t give you another dollar. . (4) Ensure that the U.S. military forces are adequately prepared. Commandant of the Marine Corps, General Amos, in his statement before the House Armed Services Committee remarked, By the end of calendar year 2013, less than half of our ground units will be trained to the minimum readiness level required for deployment. . Sequestration, if left unchecked, will cost American lives. The hollow force experienced during the Korean War would be today’s reality. (5) Halt irresponsible budget cuts because no amount of savings can justify the loss of one American service member. 3. Postponement of FY 2013 and 2014 defense sequestration Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: (12) Notwithstanding paragraphs (5) and (8), there shall be no reductions under this section to discretionary appropriations or direct spending for fiscal year 2013 or 2014 for the defense function. The reduction that would otherwise have occurred shall be added to and distributed equally among the sequestration for the defense function for fiscal years 2015 through 2021. . 4. Transfer authority for funding of department of defense under continuing resolution and sequester consistent with amounts authorized by national defense authorization act for fiscal year 2013 (a) In general In accordance with subsection (b), the Secretary of Defense may transfer amounts appropriated for the Department of Defense by the Continuing Appropriations Resolution ( Public Law 112–175 ) among accounts of the Department of Defense. (b) Transfers consistent with amounts appropriated or authorized In the event of any transfers under subsection (a), the total amount in any account of the Department of Defense that is available for obligation and expenditure in fiscal year 2013 shall be consistent with, and may not exceed— (1) if a regular appropriation Act making appropriations for the Department of Defense for fiscal year 2013 is enacted before the date of the transfer, the level provided for that account for that fiscal year by applicable provisions of such Act; or (2) if no such Act is enacted before the date of the transfer, the amount authorized to be appropriated for that account for that fiscal year by applicable provisions of division A of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ). (c) Notice to congress Not later than 15 days before any transfer under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report setting forth a description of the transfer, including the amount of the transfer and the accounts from and to which the funds were transferred. (d) Transfer subject to notification requirements In addition to the notice required under subsection (c), a transfer under subsection (a) shall be subject to the applicable notification requirements for reprogramming in division A of Public Law 112–74. (e) Transfer authority The transfer authority provided by subsection (a) is in addition to any other transfer authority provided by law. (f) Definition In this section, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. |
113-hr-858-ih-dtd | 113-hr-858 | 113 | hr | 858 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr858ih.xml | BILLS-113hr858ih.xml | 2023-01-08 17:37:35.737 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="HD04FDCFBF28043A59F5654245617D345" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 858 IH: Rural Housing Preservation Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
</dc:date>
<dc:format>
text/xml
</dc:format>
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EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
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</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 858
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="F000449">
Mr. Fortenberry
</sponsor>
(for
himself,
<cosponsor name-id="H000636">
Mr. Hinojosa
</cosponsor>
,
<cosponsor name-id="C001047">
Mrs. Capito
</cosponsor>
,
<cosponsor name-id="W000799">
Mr. Walz
</cosponsor>
,
<cosponsor name-id="W000809">
Mr. Womack
</cosponsor>
, and
<cosponsor name-id="C001069">
Mr.
Courtney
</cosponsor>
) introduced the following bill; which was referred to the
<committee-name committee-id="HBA00">
Committee on Financial
Services
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend section 520 of the Housing Act of 1949 to revise
the requirements for areas to be considered as rural areas for purposes of such
Act.
</official-title>
</form>
<legis-body id="H86E2C55671BD407C8589E62CB5298EE7" style="OLC">
<section id="HE0FD1EF8D7E746F4AB655534CFECDA21" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Rural Housing Preservation Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="HDF6720D27A1D4281B0E2BAD91D8E1859">
<enum>
2.
</enum>
<header>
Definition of
Rural Area
</header>
<text display-inline="no-display-inline">
The second sentence
of section 520 of the Housing Act of 1949 (
<external-xref legal-doc="usc" parsable-cite="usc/42/1490">
42 U.S.C. 1490
</external-xref>
) is amended by
striking:
<quote>
1990 or 2000 decennial census shall continue to be so
classified until the receipt of data from the decennial census in the year
2010
</quote>
and inserting
<quote>
1990, 2000, or 2010 decennial census shall
continue to be so classified until the receipt of data from the decennial
census in the year 2020
</quote>
.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 858 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Fortenberry (for himself, Mr. Hinojosa , Mrs. Capito , Mr. Walz , Mr. Womack , and Mr. Courtney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend section 520 of the Housing Act of 1949 to revise the requirements for areas to be considered as rural areas for purposes of such Act.
1. Short title This Act may be cited as the Rural Housing Preservation Act of 2013 . 2. Definition of Rural Area The second sentence of section 520 of the Housing Act of 1949 ( 42 U.S.C. 1490 ) is amended by striking: 1990 or 2000 decennial census shall continue to be so classified until the receipt of data from the decennial census in the year 2010 and inserting 1990, 2000, or 2010 decennial census shall continue to be so classified until the receipt of data from the decennial census in the year 2020 . |
113-hr-859-ih-dtd | 113-hr-859 | 113 | hr | 859 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr859ih.xml | BILLS-113hr859ih.xml | 2023-01-08 17:37:35.621 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H31964A7788B14E97994AA0ACDE3E45AC" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 859 IH: Taxpayers’ Conference Overspending Prevention Act
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 859
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="J000289">
Mr. Jordan
</sponsor>
(for
himself and
<cosponsor name-id="S001175">
Ms. Speier
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name committee-id="HAP00">
Committee on Appropriations
</committee-name>
, and in
addition to the Committee on
<committee-name committee-id="HGO00">
Oversight and
Government Reform
</committee-name>
, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To rescind certain excess conference costs from any
agency that overspends on conferences, and for other purposes.
</official-title>
</form>
<legis-body id="HFAB964350CED43169C367A42C71B539C" style="OLC">
<section id="H68828E7F83D14E4BB45E2D0458157C90" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Taxpayers’ Conference Overspending
Prevention Act
</short-title>
</quote>
or the
<quote>
<short-title>
Taxpayers’ COP Act
</short-title>
</quote>
.
</text>
</section>
<section id="H033C3FD247FE4F7993481ABCFB23FDDB">
<enum>
2.
</enum>
<header>
Report and
rescission of excess conference costs
</header>
<subsection display-inline="no-display-inline" id="H17178235A49644E8BE3201BB8457B38F">
<enum>
(a)
</enum>
<header>
Report
</header>
<text display-inline="yes-display-inline">
Not later than October 31 of each fiscal
year, each executive agency shall submit to the Congress a report listing the
amount of funds that such agency obligated for conferences in the previous
fiscal year. The funds described in the report shall include pre-planning,
travel, and subsistence costs.
</text>
</subsection>
<subsection id="H0C4F6110F69342559880BDA983DCEA8E">
<enum>
(b)
</enum>
<header>
Rescission
</header>
<text display-inline="yes-display-inline">
On the date that is 30 days after the date
a report is submitted by an executive agency under subsection (a), from the
unobligated funds made available to such agency in the current fiscal year for
conferences (including pre-planning, travel, and subsistence costs), there is
rescinded the total amount by which the total costs for any conference
described in such report exceeds $3,000 per agency employee attending such
conference, or the total amount by which the costs for any conference described
in such report exceeds $600 per day per agency employee attending such
conference, whichever is higher.
</text>
</subsection>
<subsection id="HFD27B4527F8043F39294F58D6D7C1079">
<enum>
(c)
</enum>
<header>
Exception for
critical foreign travel
</header>
<paragraph id="H580E59B80E4B450CB4D3E80B24B6EFE3">
<enum>
(1)
</enum>
<header>
Certification
</header>
<text>
The
rescission required under subsection (b) shall not apply to amounts described
in a report that are greater than the limits provided in such subsection
if—
</text>
<subparagraph id="H53938975C4A648FA934D36BE7F6F1348">
<enum>
(A)
</enum>
<text display-inline="yes-display-inline">
the head of the applicable executive agency
certifies in writing to the Director of the Office of Management and Budget
that the amounts were for foreign travel and that such travel was critical to
the agency’s mission; and
</text>
</subparagraph>
<subparagraph id="HE9FB582A3E134308ABA91C46FDB5CB1F">
<enum>
(B)
</enum>
<text>
the Director
determines that such certification is valid.
</text>
</subparagraph>
</paragraph>
<paragraph id="H61FAD8A61B2547DB99695B8E5AFC1FD9">
<enum>
(2)
</enum>
<header>
Report
</header>
<text>
Any
determination by the Director under paragraph (1) shall be included in the
report submitted under subsection (a).
</text>
</paragraph>
</subsection>
<subsection id="HD329F1ABD1B6443FB9F41FA6709E4BF5">
<enum>
(d)
</enum>
<header>
Definitions
</header>
<text display-inline="yes-display-inline">
In this section—
</text>
<paragraph id="HB743398B96E24B559A85FAED411E209F">
<enum>
(1)
</enum>
<text>
the term
<quote>
Director
</quote>
means the Director of the Office of Management and
Budget;
</text>
</paragraph>
<paragraph id="HC7007210FC1E4B42837479CC4FF10160">
<enum>
(2)
</enum>
<text>
the term
<quote>
executive agency
</quote>
has the meaning given such term in section 105
of title 5, United States Code; and
</text>
</paragraph>
<paragraph id="H0D3314933DD84393A2D34E0ABEAE5CC9">
<enum>
(3)
</enum>
<text>
the term
<quote>
conference
</quote>
means a meeting, retreat, seminar, symposium, or
event that—
</text>
<subparagraph id="HE7CB773198CE4B00A10D5A903CA2F5BD">
<enum>
(A)
</enum>
<text>
is held for
consultation, education, discussion, or training; and
</text>
</subparagraph>
<subparagraph id="H9F14053BDFF545BE8F0AE6CD6216962C">
<enum>
(B)
</enum>
<text>
is not held
entirely at a Government facility.
</text>
</subparagraph>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 859 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Jordan (for himself and Ms. Speier ) introduced the following bill; which was referred to the Committee on Appropriations , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To rescind certain excess conference costs from any agency that overspends on conferences, and for other purposes.
1. Short title This Act may be cited as the Taxpayers’ Conference Overspending Prevention Act or the Taxpayers’ COP Act . 2. Report and rescission of excess conference costs (a) Report Not later than October 31 of each fiscal year, each executive agency shall submit to the Congress a report listing the amount of funds that such agency obligated for conferences in the previous fiscal year. The funds described in the report shall include pre-planning, travel, and subsistence costs. (b) Rescission On the date that is 30 days after the date a report is submitted by an executive agency under subsection (a), from the unobligated funds made available to such agency in the current fiscal year for conferences (including pre-planning, travel, and subsistence costs), there is rescinded the total amount by which the total costs for any conference described in such report exceeds $3,000 per agency employee attending such conference, or the total amount by which the costs for any conference described in such report exceeds $600 per day per agency employee attending such conference, whichever is higher. (c) Exception for critical foreign travel (1) Certification The rescission required under subsection (b) shall not apply to amounts described in a report that are greater than the limits provided in such subsection if— (A) the head of the applicable executive agency certifies in writing to the Director of the Office of Management and Budget that the amounts were for foreign travel and that such travel was critical to the agency’s mission; and (B) the Director determines that such certification is valid. (2) Report Any determination by the Director under paragraph (1) shall be included in the report submitted under subsection (a). (d) Definitions In this section— (1) the term Director means the Director of the Office of Management and Budget; (2) the term executive agency has the meaning given such term in section 105 of title 5, United States Code; and (3) the term conference means a meeting, retreat, seminar, symposium, or event that— (A) is held for consultation, education, discussion, or training; and (B) is not held entirely at a Government facility. |
113-hr-860-ih-dtd | 113-hr-860 | 113 | hr | 860 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr860ih.xml | BILLS-113hr860ih.xml | 2023-01-08 17:37:35.517 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 860 IH: Biogas Investment Tax Credit Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 860
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="K000188">
Mr. Kind
</sponsor>
(for himself
and
<cosponsor name-id="L000287">
Mr. Lewis
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name committee-id="HWM00">
Committee on Ways and Means
</committee-name>
, and in
addition to the Committee on
<committee-name committee-id="HSY00">
Science,
Space, and Technology
</committee-name>
, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To amend the Internal Revenue Code of 1986 to make
qualified biogas property eligible for the energy credit and to permit new
clean renewable energy bonds to finance qualified biogas
property.
</official-title>
</form>
<legis-body id="H40D97F283509461984751610C7166806" style="OLC">
<section id="H86E49773AD74435E857D6E4A0EB4A5E0" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Biogas Investment Tax Credit Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="HAD85D6D239074A8FA393B8E705ABF71B" section-type="subsequent-section">
<enum>
2.
</enum>
<header>
Incentives for
qualified biogas property
</header>
<subsection id="H33082F562BB7401683B84D2D743EC923">
<enum>
(a)
</enum>
<header>
Incentives for
qualified biogas property made eligible for the energy credit
</header>
<paragraph id="H899835EA5488442B8291E0695509C410">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Subparagraph (A) of
<external-xref legal-doc="usc" parsable-cite="usc/26/48">
section 48(a)(3)
</external-xref>
of the Internal Revenue Code of 1986 is amended by striking
<quote>
or
</quote>
at the end of clause (vi), by inserting
<quote>
or
</quote>
at
the end of clause (vii), and by adding at the end the following new
clause:
</text>
<quoted-block display-inline="no-display-inline" id="H377EC9CA3D3D494189D2913F3427858D" style="OLC">
<clause id="H3719258CF3024460BC1470C0CD55413E">
<enum>
(viii)
</enum>
<text display-inline="yes-display-inline">
qualified biogas
property,
</text>
</clause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H1F3E84F562C84BCF90ED8A46CA206196">
<enum>
(2)
</enum>
<header>
Qualified biogas
property
</header>
<text>
Subsection (c) of section 48 of such Code is amended by
adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H245F0480EF0F4D618233BD4ECFD114AA" style="OLC">
<paragraph id="H591E453765944FA2A3629F409A656EAF">
<enum>
(5)
</enum>
<header>
Qualified biogas
property
</header>
<subparagraph id="H10081CB640F14BD6BEA6DC34D12F9E08">
<enum>
(A)
</enum>
<header>
In
general
</header>
<text>
The term
<term>
qualified biogas property
</term>
means
property comprising a system which—
</text>
<clause id="HC0B511F644C7474B96A3219866B615A5">
<enum>
(i)
</enum>
<text display-inline="yes-display-inline">
uses anaerobic digesters or other
biological, chemical, thermal, or mechanical processes (alone or in
combination) to convert biomass (as defined in section 45K(c)(3)) into a gas
which consists of not less than 52 percent methane, and
</text>
</clause>
<clause id="H54E72EE707F2443FBF5BA5A38D082C03">
<enum>
(ii)
</enum>
<text>
captures such gas
for use as a fuel.
</text>
</clause>
</subparagraph>
<subparagraph id="HF16592F95B0246D28FBD36BD42D64602">
<enum>
(B)
</enum>
<header>
Inclusion of
certain cleaning and conditioning equipment
</header>
<text>
Such term shall
include any property which cleans and conditions the gas referred to in
subparagraph (A) for use as a fuel.
</text>
</subparagraph>
<subparagraph id="H38CEEA323E774F91A6BA85100A8A05BB">
<enum>
(C)
</enum>
<header>
Termination
</header>
<text>
No
credit shall be determined under this section with respect to any qualified
biogas property for any period after December 31,
2018.
</text>
</subparagraph>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H074697CADA3C4039A3BE84BD230A2485">
<enum>
(3)
</enum>
<header>
Qualified biogas
property made eligible for 30 percent credit
</header>
<text>
Clause (i) of
section 48(a)(2)(A) of such Code is amended by striking
<quote>
and
</quote>
at
the end of subclause (III) and by adding at the end the following new
subclause:
</text>
<quoted-block display-inline="no-display-inline" id="H0A813683730447D58DFAC30EDB2618CD" style="OLC">
<subclause id="HB12AE787761542638F9C84A4B39083EE">
<enum>
(V)
</enum>
<text display-inline="yes-display-inline">
qualified biogas property,
and
</text>
</subclause>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H33FB2D6D1CE944F1A2F71BC0AFCF59CB">
<enum>
(4)
</enum>
<header>
Denial of double
benefit
</header>
<text>
Subsection (e) of section 45 of such Code is amended by
adding at the end the following new paragraph:
</text>
<quoted-block display-inline="no-display-inline" id="H3944249A3E47462BAB3AD6AFCDF2352B" style="OLC">
<paragraph id="H1B7689571D554D2298A30BA89A386ACD">
<enum>
(12)
</enum>
<header>
Coordination
with energy credit for qualified biogas property
</header>
<text display-inline="yes-display-inline">
The term
<term>
qualified facility
</term>
shall not include any facility which produces electricity from gas produced by
qualified biogas property (as defined in section 48(c)(5)) if a credit is
determined under section 48 with respect to such property for the taxable year
or any prior taxable
year.
</text>
</paragraph>
<after-quoted-block>
.
</after-quoted-block>
</quoted-block>
</paragraph>
<paragraph id="H115B447FE5B3479399C7232A5B66225F">
<enum>
(5)
</enum>
<header>
Effective
date
</header>
<text>
The amendments made by this subsection shall apply to
periods after December 31, 2012, in taxable years ending after such date, under
rules similar to the rules of section 48(m) of the Internal Revenue Code of
1986 (as in effect on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990).
</text>
</paragraph>
</subsection>
<subsection id="H19E7801A6F2E41ACAED725BD5E80A447">
<enum>
(b)
</enum>
<header>
Qualified biogas
property made eligible for financing with new clean renewable energy
bonds
</header>
<paragraph id="HF883E0DDF9F54B119F91CA0427710017">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text display-inline="yes-display-inline">
Paragraph (1) of
<external-xref legal-doc="usc" parsable-cite="usc/26/54C">
section 54C(d)
</external-xref>
of the Internal Revenue Code of 1986 is amended by inserting
<quote>
, or a qualified biogas property (as defined in section
48(c)(5)),
</quote>
before
<quote>
owned by
</quote>
.
</text>
</paragraph>
<paragraph id="H770A593392B94D47BDBB197087109095">
<enum>
(2)
</enum>
<header>
Effective
date
</header>
<text>
The amendment made by this subsection shall apply to
obligations issued after the date of the enactment of this Act.
</text>
</paragraph>
</subsection>
<subsection id="HCFC1480DB5A34C6AAF61AFFDBE02D4DD">
<enum>
(c)
</enum>
<header>
Study of
biogas
</header>
<text>
The Secretary of the Treasury shall enter into an
agreement with the National Renewable Energy Laboratory to undertake a study of
biogas. Such agreement shall provide for a written report to be submitted to
Congress not later than 2 years after the date of the enactment of this Act.
Such report shall address the following issues:
</text>
<paragraph id="H5D9C71C0BB544DB2B2ED2C13C8566967">
<enum>
(1)
</enum>
<text>
The quality of
biogas, including a comparison of biogas to natural gas and the identification
of any components of biogas which make it unsuitable for injection into
existing natural gas pipelines.
</text>
</paragraph>
<paragraph id="H50E6319E29194EB3A9991F88AA22AF93">
<enum>
(2)
</enum>
<text>
Methods for
obtaining the highest energy content in biogas, including the use of
co-digestion and identifying the optimal feed mixture.
</text>
</paragraph>
<paragraph id="H4442DEC55C2149DA9A6CF0E421C02331">
<enum>
(3)
</enum>
<text>
Recommendations
for the expansion of biogas production, including an analysis of the extent to
which increasing the methane content of biogas would result in its greater use
and an analysis of how the expanded use of biogas could help meet the growing
energy needs of the United States.
</text>
</paragraph>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 860 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Kind (for himself and Mr. Lewis ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to make qualified biogas property eligible for the energy credit and to permit new clean renewable energy bonds to finance qualified biogas property.
1. Short title This Act may be cited as the Biogas Investment Tax Credit Act of 2013 . 2. Incentives for qualified biogas property (a) Incentives for qualified biogas property made eligible for the energy credit (1) In general Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by striking or at the end of clause (vi), by inserting or at the end of clause (vii), and by adding at the end the following new clause: (viii) qualified biogas property, . (2) Qualified biogas property Subsection (c) of section 48 of such Code is amended by adding at the end the following new paragraph: (5) Qualified biogas property (A) In general The term qualified biogas property means property comprising a system which— (i) uses anaerobic digesters or other biological, chemical, thermal, or mechanical processes (alone or in combination) to convert biomass (as defined in section 45K(c)(3)) into a gas which consists of not less than 52 percent methane, and (ii) captures such gas for use as a fuel. (B) Inclusion of certain cleaning and conditioning equipment Such term shall include any property which cleans and conditions the gas referred to in subparagraph (A) for use as a fuel. (C) Termination No credit shall be determined under this section with respect to any qualified biogas property for any period after December 31, 2018. . (3) Qualified biogas property made eligible for 30 percent credit Clause (i) of section 48(a)(2)(A) of such Code is amended by striking and at the end of subclause (III) and by adding at the end the following new subclause: (V) qualified biogas property, and . (4) Denial of double benefit Subsection (e) of section 45 of such Code is amended by adding at the end the following new paragraph: (12) Coordination with energy credit for qualified biogas property The term qualified facility shall not include any facility which produces electricity from gas produced by qualified biogas property (as defined in section 48(c)(5)) if a credit is determined under section 48 with respect to such property for the taxable year or any prior taxable year. . (5) Effective date The amendments made by this subsection shall apply to periods after December 31, 2012, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (b) Qualified biogas property made eligible for financing with new clean renewable energy bonds (1) In general Paragraph (1) of section 54C(d) of the Internal Revenue Code of 1986 is amended by inserting , or a qualified biogas property (as defined in section 48(c)(5)), before owned by . (2) Effective date The amendment made by this subsection shall apply to obligations issued after the date of the enactment of this Act. (c) Study of biogas The Secretary of the Treasury shall enter into an agreement with the National Renewable Energy Laboratory to undertake a study of biogas. Such agreement shall provide for a written report to be submitted to Congress not later than 2 years after the date of the enactment of this Act. Such report shall address the following issues: (1) The quality of biogas, including a comparison of biogas to natural gas and the identification of any components of biogas which make it unsuitable for injection into existing natural gas pipelines. (2) Methods for obtaining the highest energy content in biogas, including the use of co-digestion and identifying the optimal feed mixture. (3) Recommendations for the expansion of biogas production, including an analysis of the extent to which increasing the methane content of biogas would result in its greater use and an analysis of how the expanded use of biogas could help meet the growing energy needs of the United States. |
113-hr-861-ih-dtd | 113-hr-861 | 113 | hr | 861 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr861ih.xml | BILLS-113hr861ih.xml | 2023-01-08 17:37:35.962 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H4C9F1EBE87664C179D9577EEBFC26981" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
<dublinCore>
<dc:title>
113 HR 861 IH: Elder Abuse Victims Act of 2013
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
</dc:rights>
</dublinCore>
</metadata>
<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 861
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="K000210">
Mr. King of New York
</sponsor>
(for himself,
<cosponsor name-id="S001145">
Ms. Schakowsky
</cosponsor>
,
<cosponsor name-id="H000324">
Mr. Hastings of Florida
</cosponsor>
,
<cosponsor name-id="G000551">
Mr. Grijalva
</cosponsor>
,
<cosponsor name-id="O000169">
Mr. Owens
</cosponsor>
, and
<cosponsor name-id="E000288">
Mr. Ellison
</cosponsor>
) introduced the following
bill; which was referred to the
<committee-name committee-id="HJU00">
Committee
on the Judiciary
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To better protect, serve, and advance the rights of
victims of elder abuse and exploitation by establishing a program to encourage
States and other qualified entities to create jobs designed to hold offenders
accountable, enhance the capacity of the justice system to investigate, pursue,
and prosecute elder abuse cases, identify existing resources to leverage to the
extent possible, and assure data collection, research, and evaluation to
promote the efficacy and efficiency of the activities described in this
Act.
</official-title>
</form>
<legis-body id="H58019BBAFAB8434F8CF093E2A6E3CD04" style="OLC">
<section id="HDBC1985B0D194BBFB2901743D39E7F03" section-type="section-one">
<enum>
1.
</enum>
<header>
Short title
</header>
<text display-inline="no-display-inline">
This Act may be cited as the
<quote>
<short-title>
Elder Abuse Victims Act of
2013
</short-title>
</quote>
.
</text>
</section>
<section id="H0345D03F215146449680761E66A2377E">
<enum>
2.
</enum>
<header>
Definitions
</header>
<text display-inline="no-display-inline">
In this Act—
</text>
<paragraph id="HBDFA269656CC4829AD47D39E4316B228">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
the terms
<term>
abuse
</term>
,
<term>
elder
</term>
,
<term>
elder justice
</term>
,
<term>
exploitation
</term>
, and
<term>
neglect
</term>
have the meanings given those terms in section 2011 of the
Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1397j">
42 U.S.C. 1397j
</external-xref>
);
</text>
</paragraph>
<paragraph id="H20D332F88E41438B826FFFA4E2193096">
<enum>
(2)
</enum>
<text>
the term
<term>
elder abuse
</term>
includes neglect and exploitation;
</text>
</paragraph>
<paragraph id="HA4E7C37644094C3EB9B83E23BA73A120">
<enum>
(3)
</enum>
<text>
the term
<term>
Director
</term>
means the Director of the Office appointed under section
3(b);
</text>
</paragraph>
<paragraph id="HA47A97798DA54B14984539C763C0B470">
<enum>
(4)
</enum>
<text>
the term
<term>
Office
</term>
means the Office of Elder Justice established under section
3(a);
</text>
</paragraph>
<paragraph id="HCC72879DD4B84E3E81703F7683447253">
<enum>
(5)
</enum>
<text>
the term
<term>
State
</term>
means each of the several States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any other territory
of possession of the United States; and
</text>
</paragraph>
<paragraph id="H844D3BFE38BA41CCB135C009BC40985A">
<enum>
(6)
</enum>
<text>
the term
<term>
task force
</term>
means a multidisciplinary task force on elder justice
established or designated under section 5(c)(1).
</text>
</paragraph>
</section>
<section id="HD7DA5E6538B3408E900DFF6AE28E728D">
<enum>
3.
</enum>
<header>
Office of Elder
Justice
</header>
<subsection id="H7414B7840BDD491AAEFCB8BF355A4DBE">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
There is established within the Department of Justice an
office to be known as the Office of Elder Justice, which shall address issues
relating to elder abuse.
</text>
</subsection>
<subsection id="H2E8AEC34FCA4480FBBBC6BBED86F0A04">
<enum>
(b)
</enum>
<header>
Director
</header>
<text>
The
Office shall be headed by a Director who shall—
</text>
<paragraph id="H39586D156D9A4405BCEBAFD802054A8C">
<enum>
(1)
</enum>
<text>
be appointed by
the President, by and with the advice and consent of the Senate, from among
individuals with experience and expertise in elder abuse; and
</text>
</paragraph>
<paragraph id="H96F5885D078D431F80D138281618AD87">
<enum>
(2)
</enum>
<text>
serve as counsel
to the Attorney General on elder justice and elder abuse.
</text>
</paragraph>
</subsection>
<subsection id="HA47782F1DD3E414F87DF1D17411BF524">
<enum>
(c)
</enum>
<header>
Responsibilities
</header>
<text>
The
Director shall—
</text>
<paragraph id="H72B4A42B96374C65AC60320D0B3AF59D">
<enum>
(1)
</enum>
<text>
create, compile,
evaluate, and disseminate materials and information, and provide the necessary
training and technical assistance, to assist States and units of local
government in—
</text>
<subparagraph id="H4BD5D729862E425C8DEAC8A8ABD23298">
<enum>
(A)
</enum>
<text>
investigating,
prosecuting, pursuing, preventing, understanding, and mitigating the impact
of—
</text>
<clause id="H6C60ABA6C877479DA52288C00927322E">
<enum>
(i)
</enum>
<text>
physical, sexual,
and psychological abuse of elders;
</text>
</clause>
<clause id="H61AFA61D68F5445C84EB8A2469943B9B">
<enum>
(ii)
</enum>
<text>
exploitation of
elders, including financial abuse and scams targeting elders; and
</text>
</clause>
<clause id="HCD93FB4712E6464E92BFFC44C82133C1">
<enum>
(iii)
</enum>
<text>
neglect of
elders; and
</text>
</clause>
</subparagraph>
<subparagraph id="H389C4C392CDC4D2991CD9938FF17C9CE">
<enum>
(B)
</enum>
<text>
assessing,
addressing, and mitigating the physical and psychological trauma to victims of
elder abuse;
</text>
</subparagraph>
</paragraph>
<paragraph id="H660271801FCD4D558C716EB8F4CB3BA2">
<enum>
(2)
</enum>
<text>
collect data and
perform an evidence-based evaluation to—
</text>
<subparagraph id="H100E5D9A33F5445C9F8FAF0230630C86">
<enum>
(A)
</enum>
<text>
assure the
efficacy of measures and methods intended to prevent, detect, respond to, or
redress elder abuse; and
</text>
</subparagraph>
<subparagraph id="HB55F4BCE5D8549BA9FF3CD991F594B44">
<enum>
(B)
</enum>
<text>
evaluate the
number of victims of elder abuse in each State and the extent to which the
needs of the victims are served by crime victim services, programs, and sources
of funding;
</text>
</subparagraph>
</paragraph>
<paragraph id="H4C6CB33C4E6F4B01A6774F0C8ECD1E0B">
<enum>
(3)
</enum>
<text>
publish a report,
on an annual basis, that describes the results of the evaluations conducted
under
<internal-xref idref="H72B4A42B96374C65AC60320D0B3AF59D" legis-path="3.(c)(1)">
paragraphs (1)
</internal-xref>
and
<internal-xref idref="H660271801FCD4D558C716EB8F4CB3BA2" legis-path="3.(c)(2)">
(2)
</internal-xref>
, and submit the report to each
Federal agency, each State, and the Committee on the Judiciary and the Special
Committee on Aging of the Senate and the Committee on the Judiciary of the
House of Representatives;
</text>
</paragraph>
<paragraph id="H30D8242C46B0447E8EFB6E422607DE62">
<enum>
(4)
</enum>
<text>
evaluate training
models to determine best practices, create replication guides, create training
materials for law enforcement officers, prosecutors, judges, emergency
responders, individuals working in victim services, adult protective services,
social services, and public safety, medical personnel, mental health personnel,
financial services personnel, and any other individuals whose work may bring
them in contact with elder abuse regarding how to—
</text>
<subparagraph id="HC011354F595B432DBE177A882E83A691">
<enum>
(A)
</enum>
<text>
conduct
investigations in elder abuse cases;
</text>
</subparagraph>
<subparagraph id="H9FD63CC532F247C3A24142C7C1BE7D10">
<enum>
(B)
</enum>
<text>
address
evidentiary issues and other legal issues; and
</text>
</subparagraph>
<subparagraph id="HB560F9F2B8F0442B9E875A6E2F50F532">
<enum>
(C)
</enum>
<text>
appropriately
assess, respond to, and interact with victims and witnesses in elder abuse
cases, including in administrative, civil, and criminal judicial
proceedings;
</text>
</subparagraph>
</paragraph>
<paragraph id="HD5294F0612524AB5A5E012BC2E3F1270">
<enum>
(5)
</enum>
<text>
conduct, and
update on a regular basis, a study of laws and practices relating to elder
abuse, including—
</text>
<subparagraph id="H498B4F81DBDB49B9856FF243E0F0732E">
<enum>
(A)
</enum>
<text>
a comprehensive
description of State laws and practices;
</text>
</subparagraph>
<subparagraph id="H284826EA8A5F46A58E03456F259FD19B">
<enum>
(B)
</enum>
<text>
an analysis of the
effectiveness of State laws and practices, including—
</text>
<clause id="H30A23F6EB9CC47C586DACFAB4CF6BABF">
<enum>
(i)
</enum>
<text>
whether the State
laws are enforced; and
</text>
</clause>
<clause id="H3766BEC1ABE84C72A8F7228AE0303E85">
<enum>
(ii)
</enum>
<text>
if
enforced—
</text>
<subclause id="H5EC7AA7365884A6294E6A93E47E18956">
<enum>
(I)
</enum>
<text>
how the State laws
are enforced; and
</text>
</subclause>
<subclause id="H6953C64070B54C93A385B8F4FD20B659">
<enum>
(II)
</enum>
<text>
how enforcement
of the State laws has effected elder abuse within the State;
</text>
</subclause>
</clause>
</subparagraph>
<subparagraph id="H648722C8F5164A579C95735AC38EC55E">
<enum>
(C)
</enum>
<text>
a review of State
definitions of the terms
<term>
abuse
</term>
,
<term>
neglect
</term>
, and
<term>
exploitation
</term>
in the context of elder abuse cases;
</text>
</subparagraph>
<subparagraph id="HCDC7D29AB5954DADA033BF82DE866EE9">
<enum>
(D)
</enum>
<text>
a review of State
laws that mandate reporting of elder abuse, including adult protective services
laws, laws that require the reporting of nursing home deaths or suspicious
deaths of elders to coroners or medical examiners, and other pertinent
reporting laws, that analyzes—
</text>
<clause id="HA2DE52DD1C45432B9712666B6DF8BF74">
<enum>
(i)
</enum>
<text>
the
impact and efficacy of the State laws;
</text>
</clause>
<clause id="H708CB72DDD4E4654AECD220CAAD4F0A6">
<enum>
(ii)
</enum>
<text>
whether the State
laws are enforced;
</text>
</clause>
<clause id="H1DCA55FE2DFF4F67AE6BB78C3B2FE67C">
<enum>
(iii)
</enum>
<text>
the levels of
compliance with the State laws; and
</text>
</clause>
<clause id="H10389860B6F94CF99537B1515F0B63A8">
<enum>
(iv)
</enum>
<text>
the
response to, and actions taken as a result of, reports made under the State
laws;
</text>
</clause>
</subparagraph>
<subparagraph id="HFCE55DBF5D494904A12979AA1F8CA9AF">
<enum>
(E)
</enum>
<text>
a review of State
evidentiary, procedural, sentencing, choice of remedies, and data retention
issues relating to elder abuse;
</text>
</subparagraph>
<subparagraph id="HE2379B0C52784638B8969D34AE46A4A6">
<enum>
(F)
</enum>
<text>
a review of State
fiduciary laws, including laws relating to guardianship, conservatorship, and
power of attorney;
</text>
</subparagraph>
<subparagraph id="H5D0E80B2E2634971934FE264F06C8A19">
<enum>
(G)
</enum>
<text>
a review of State
laws that permit or encourage employees of depository institutions (as defined
in section 3(c)(1) of the Federal Deposit Insurance Act (
<external-xref legal-doc="usc" parsable-cite="usc/12/1813">
12 U.S.C. 1813(c)(1)
</external-xref>
)
and State credit unions (as defined in section 101 of the Federal Credit Union
Act (
<external-xref legal-doc="usc" parsable-cite="usc/12/1752">
12 U.S.C. 1752
</external-xref>
)) to prevent and report suspected elder abuse;
</text>
</subparagraph>
<subparagraph id="H0A76A9D9A4834A8C8BC7962EDEB23348">
<enum>
(H)
</enum>
<text>
a review of State
laws used in civil court proceedings to prevent and address elder abuse;
</text>
</subparagraph>
<subparagraph id="H783BC481125A4588B8B8BB3A88E967CD">
<enum>
(I)
</enum>
<text>
a review of State
laws relating to fraud and related activities in connection with mail,
telemarketing, the Internet, or health care;
</text>
</subparagraph>
<subparagraph id="H5068FD77026041C8BDD9D0FB283C6332">
<enum>
(J)
</enum>
<text>
a review of State
laws that create programs, offices, or entities that address or respond to
elder abuse; and
</text>
</subparagraph>
<subparagraph id="H9D600B1E2CBA4355B3FACD3E3D0CE56F">
<enum>
(K)
</enum>
<text>
an analysis of any
other State laws relating to elder abuse; and
</text>
</subparagraph>
</paragraph>
<paragraph id="HD17D9DAFCBDD4129BF4511B4F8F8C7CB">
<enum>
(6)
</enum>
<text>
carry out such
other duties as the Attorney General determines necessary in connection with
enhancing the understanding, prevention, and detection of, and response to,
elder abuse.
</text>
</paragraph>
</subsection>
</section>
<section id="HFA2AC62F53D54332970E0F4617C4BB63">
<enum>
4.
</enum>
<header>
Data
collection
</header>
<text display-inline="no-display-inline">
The Attorney
General, in consultation with the Secretary of Health and Human Services,
shall, on an annual basis—
</text>
<paragraph id="HBA305B5AABEF447F838FC6A8BC0484D6">
<enum>
(1)
</enum>
<text>
collect from
Federal, State, and local law enforcement agencies and prosecutor offices
statistical data relating to the incidence of elder abuse, including data
relating to—
</text>
<subparagraph id="H9C83524DB0E2416D86D19CDF43947F14">
<enum>
(A)
</enum>
<text>
the number of
elder abuse cases referred to law enforcement agencies, adult protective
services, or any other State entity tasked with addressing elder abuse;
</text>
</subparagraph>
<subparagraph id="H1AF3B01D158749CDB65E7AE50A42D538">
<enum>
(B)
</enum>
<text>
the number and
types of such cases filed in Federal, State, and local courts; and
</text>
</subparagraph>
<subparagraph id="H0C70C34F083246C7932F3AF223E8B5A4">
<enum>
(C)
</enum>
<text>
the outcomes of
the cases described in
<internal-xref idref="H9C83524DB0E2416D86D19CDF43947F14" legis-path="4.(1)(A)">
subparagraphs (A)
</internal-xref>
and
<internal-xref idref="H1AF3B01D158749CDB65E7AE50A42D538" legis-path="4.(1)(B)">
(B)
</internal-xref>
and the reasons for such
outcomes;
</text>
</subparagraph>
</paragraph>
<paragraph id="HE0778AB276AB49A19AFFED0BE5ED2620">
<enum>
(2)
</enum>
<text>
identify common
data points among Federal, State, and local law enforcement agencies and
prosecutor offices that would allow for the collection of uniform national data
related to elder abuse;
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HE99E70C55DB84DFF9CDF29629612F3E6">
<enum>
(3)
</enum>
<text>
publish a summary
of the data collected under
<internal-xref idref="HBA305B5AABEF447F838FC6A8BC0484D6" legis-path="4.(1)">
paragraphs (1)
</internal-xref>
and
<internal-xref idref="HE0778AB276AB49A19AFFED0BE5ED2620" legis-path="4.(2)">
(2)
</internal-xref>
;
</text>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="H6472FF1C9FAC42AFB28C6250F82B659A">
<enum>
(4)
</enum>
<text>
identify—
</text>
<subparagraph commented="no" display-inline="no-display-inline" id="HF15CDEAC00144E1B8FE08B6994F2FF4F">
<enum>
(A)
</enum>
<text>
the types of data
relevant to elder abuse that should be collected; and
</text>
</subparagraph>
<subparagraph commented="no" display-inline="no-display-inline" id="HBDBF6C0EEFFF4D8FA34AA1FB701F0DA0">
<enum>
(B)
</enum>
<text>
what entity is
most capable of collecting the data described in
<internal-xref idref="HF15CDEAC00144E1B8FE08B6994F2FF4F" legis-path="4.(4)(A)">
subparagraph (A)
</internal-xref>
; and
</text>
</subparagraph>
</paragraph>
<paragraph commented="no" display-inline="no-display-inline" id="HAC52762CB8514E5886C079DF4E2BD174">
<enum>
(5)
</enum>
<text>
develop
recommendations for collecting additional data relating to elder abuse.
</text>
</paragraph>
</section>
<section id="H886502E57B5D40D2AED1ED0351F9A81E">
<enum>
5.
</enum>
<header>
Elder victims
grant program
</header>
<subsection id="H7BDFCBD49DE74385A4E6ED46A7DA892E">
<enum>
(a)
</enum>
<header>
In
general
</header>
<text>
The Director may make grants and provide technical
assistance to not more than 15 States to assist the States in developing,
establishing, and operating programs designed to improve—
</text>
<paragraph id="HC50308986F62423697A24FBD8D06516A">
<enum>
(1)
</enum>
<text>
the response to
cases of elder abuse in a manner that limits additional trauma to the elder
victims; and
</text>
</paragraph>
<paragraph id="H89C487992FBC4C45889BE7284FEB1EF1">
<enum>
(2)
</enum>
<text>
the investigation
and prosecution of cases of elder abuse.
</text>
</paragraph>
</subsection>
<subsection id="HCC3BF65859B34A22ABA2CA16B4D509C8">
<enum>
(b)
</enum>
<header>
Eligibility
</header>
<text>
A
State is eligible to receive a grant under this section if the State—
</text>
<paragraph id="H6C47E80902FE466E872C53495E436EB9">
<enum>
(1)
</enum>
<text>
has a crime
victims compensation program that meets the criteria described in section
1403(b) of the Victims of Crime Act of 1984 (
<external-xref legal-doc="usc" parsable-cite="usc/42/10602">
42 U.S.C. 10602(b)
</external-xref>
); and
</text>
</paragraph>
<paragraph id="H3891448BCE5A4D429098F533954997C3">
<enum>
(2)
</enum>
<text>
is in compliance
with
<internal-xref idref="H18F69D23203E49DFB135C9A5355519B2" legis-path="5.(c)">
subsection (c)
</internal-xref>
.
</text>
</paragraph>
</subsection>
<subsection id="H18F69D23203E49DFB135C9A5355519B2">
<enum>
(c)
</enum>
<header>
Establishment of
task force
</header>
<paragraph id="HC8A65845DC294A92AC43DC50508FB190">
<enum>
(1)
</enum>
<header>
In
general
</header>
<text>
In order to be eligible to receive a grant under this
section, a State shall establish or, subject to
<internal-xref idref="H3D2D3E30F3944B3F9E2981AA5058C4D4" legis-path="5.(c)(5)">
paragraph (5)
</internal-xref>
, designate a
multidisciplinary task force on elder justice that is composed of professionals
with knowledge and experience relating to the criminal justice system and
issues of elder abuse.
</text>
</paragraph>
<paragraph id="H66D2AE3F703B40FCA5D2DFF64A520A3C">
<enum>
(2)
</enum>
<header>
Membership
requirement
</header>
<text>
Except as provided in
<internal-xref idref="H3C76B83B7C6E44F8986DB7DF88C04E93" legis-path="5.(c)(6)">
paragraph (6)
</internal-xref>
, a task force established
or designated in accordance with this subsection shall include—
</text>
<subparagraph id="H1C9F654C7AA74408AE524258BED0EDCC">
<enum>
(A)
</enum>
<text>
representatives
from law enforcement agencies, such as police officers, sheriffs and deputy
sheriffs, detectives, public safety officers, corrections officers,
investigators and victims' service personnel;
</text>
</subparagraph>
<subparagraph id="HF9F7701A6A0843ADAF88F9581DF71DC5">
<enum>
(B)
</enum>
<text>
a representative
from the crime victim compensation program of the State;
</text>
</subparagraph>
<subparagraph commented="no" id="H0E2C5E553E524F60BF4E36C234A7965F">
<enum>
(C)
</enum>
<text>
judicial and legal
officers, including individuals who work on cases of elder abuse;
</text>
</subparagraph>
<subparagraph id="H7EC65E776B7B4E15AF4D982DEEBBCDA3">
<enum>
(D)
</enum>
<text>
elder justice and
elder law advocates, including local agencies on aging and local public and
private agencies and entities relating to elder abuse and other crimes against
elders;
</text>
</subparagraph>
<subparagraph id="HB02F41C0113C43F39CF5D56835A8500E">
<enum>
(E)
</enum>
<text>
health and mental
health professionals;
</text>
</subparagraph>
<subparagraph id="H46334FB60ED04FB89962581020981133">
<enum>
(F)
</enum>
<text>
representatives
from social services agencies in the State; and
</text>
</subparagraph>
<subparagraph id="H19AAE4F3D4184C8DAA0B477DFB75EB38">
<enum>
(G)
</enum>
<text>
family members of
victims of elder abuse.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3C16299C6CF84224A4B9859F4F5CA163">
<enum>
(3)
</enum>
<header>
Review and
evaluation
</header>
<text>
A task force established or designated in accordance
with this subsection shall—
</text>
<subparagraph id="HB0A16AF8AB3B48679A8167F70C988837">
<enum>
(A)
</enum>
<text>
review and
evaluate the investigative, administrative, and judicial responses to cases of
elder abuse in the State;
</text>
</subparagraph>
<subparagraph id="HE3BDDC6D6A6D475990ADCD30D3103DAA">
<enum>
(B)
</enum>
<text>
make
recommendations to the State based on the review and evaluation conducted under
<internal-xref idref="HB0A16AF8AB3B48679A8167F70C988837" legis-path="5.(c)(3)(A)">
subparagraph (A)
</internal-xref>
, including
recommendations relating to—
</text>
<clause id="HFD022FA363B94EFFAEA578E00FB19BDD">
<enum>
(i)
</enum>
<text>
modifying the
investigative, administrative, and judicial response to cases of elder abuse in
a manner that—
</text>
<subclause id="HD30327ED69414CC890A40DC5C81AFEDD">
<enum>
(I)
</enum>
<text>
reduces additional
trauma to the elder victim; and
</text>
</subclause>
<subclause id="HCBBE50D91A1B4FC4958C758F43455F97">
<enum>
(II)
</enum>
<text>
ensures
procedural fairness to the individual accused of elder abuse; and
</text>
</subclause>
</clause>
<clause id="H139163D0B2F74E7DA5F5D3641E7CF6AC">
<enum>
(ii)
</enum>
<text>
experimental,
model, and demonstration programs for testing innovative approaches and
techniques that may improve the rate of successful prosecution or enhance the
effectiveness of judicial and administrative action in elder abuse cases, and
which ensure procedural fairness to the accused, including a determination of
which programs are most effective; and
</text>
</clause>
</subparagraph>
<subparagraph id="H6BF142A4F350465B99EDC1806DD03D57">
<enum>
(C)
</enum>
<text>
submit the
recommendations described in
<internal-xref idref="HE3BDDC6D6A6D475990ADCD30D3103DAA" legis-path="5.(c)(3)(B)">
subparagraph (B)
</internal-xref>
to the Office.
</text>
</subparagraph>
</paragraph>
<paragraph id="H3D2D3E30F3944B3F9E2981AA5058C4D4">
<enum>
(4)
</enum>
<header>
Task force
alternative
</header>
<text display-inline="yes-display-inline">
If determined
appropriate by the Director, a State may comply with the eligibility
requirement described in
<internal-xref idref="HC8A65845DC294A92AC43DC50508FB190" legis-path="5.(c)(1)">
paragraph (1)
</internal-xref>
by designating a commission
or task force established by a State before January 1, 2013, with membership
and functions comparable to those described in
<internal-xref idref="H66D2AE3F703B40FCA5D2DFF64A520A3C" legis-path="5.(c)(2)">
paragraphs (2)
</internal-xref>
and
<internal-xref idref="H3C16299C6CF84224A4B9859F4F5CA163" legis-path="5.(c)(3)">
(3)
</internal-xref>
, respectively, as the task force on
elder justice required under such
<internal-xref idref="HC8A65845DC294A92AC43DC50508FB190" legis-path="5.(c)(1)">
paragraph (1)
</internal-xref>
.
</text>
</paragraph>
<paragraph id="H3C76B83B7C6E44F8986DB7DF88C04E93">
<enum>
(5)
</enum>
<header>
Task force
membership waiver
</header>
<text>
The Director may waive, in part, the task force
membership requirements under
<internal-xref idref="H66D2AE3F703B40FCA5D2DFF64A520A3C" legis-path="5.(c)(2)">
paragraph (2)
</internal-xref>
for a State that
demonstrates a need for the waiver.
</text>
</paragraph>
</subsection>
<subsection id="H1E62E52F55BA488CACD67702DA70C122">
<enum>
(d)
</enum>
<header>
Use of
funds
</header>
<text>
Grant funds awarded under this section may be used by a
State to support—
</text>
<paragraph id="HD670367B2D4D491BBE88F8CE71973A50">
<enum>
(1)
</enum>
<text>
State and local
prosecutor offices and courts in elder abuse matters, including—
</text>
<subparagraph id="H57179FC1381B40018A3E4B105AC5D86E">
<enum>
(A)
</enum>
<text>
hiring or paying
salary and benefits for employees and establishing or implementing units
designated to work on elder justice issues in State prosecutors' offices and
State courts; and
</text>
</subparagraph>
<subparagraph id="H2A80FBA250A54995B65BCD81372B24A5">
<enum>
(B)
</enum>
<text>
hiring or paying
salary and benefits for an employee to coordinate elder justice-related cases,
training, technical assistance, and policy development for State and local
prosecutors and courts;
</text>
</subparagraph>
</paragraph>
<paragraph id="H96402F4D86164672A146AC8BF0724613">
<enum>
(2)
</enum>
<text>
State and local
law enforcement agencies investigating cases of elder abuse; and
</text>
</paragraph>
<paragraph id="H47ED222BEEB645EA8C864B6EEC343F0D">
<enum>
(3)
</enum>
<text>
adult protective
services.
</text>
</paragraph>
</subsection>
<subsection commented="no" id="H3919E543F92D489ABDC45EB4DB3EF7D9">
<enum>
(e)
</enum>
<header>
State
reports
</header>
<text>
Not later than 1 year after a State receives grant funds
under this section, the State shall submit to the Director a report that
includes—
</text>
<paragraph commented="no" id="H329525DE0491421281BD122515672A1E">
<enum>
(1)
</enum>
<text>
an evaluation of
the effectiveness of the grant program;
</text>
</paragraph>
<paragraph commented="no" id="H90DA6F4EC6424C97A4724BF4D84B109C">
<enum>
(2)
</enum>
<text>
a list of all laws
of the State relating to elder abuse; and
</text>
</paragraph>
<paragraph commented="no" id="H3CAB2B8A91874BEE9B42862D80F0EB48">
<enum>
(3)
</enum>
<text>
any other
information the Director may require.
</text>
</paragraph>
</subsection>
<subsection id="H80623AD0CAF046CFB9970CE74BCB5944">
<enum>
(f)
</enum>
<header>
Evaluation and
report
</header>
<text>
Not later than 1 year after the date on which the Director
makes available the final funds awarded under a grant under this section, the
Director shall—
</text>
<paragraph id="H27331C0D981C4D06AE358CD150CFDA02">
<enum>
(1)
</enum>
<text>
evaluate the grant
program established under this section; and
</text>
</paragraph>
<paragraph id="H02896E9EA05B405B8FFD4289E12914B8">
<enum>
(2)
</enum>
<text>
submit to the
appropriate congressional committees a report on the evaluation conducted under
<internal-xref idref="H27331C0D981C4D06AE358CD150CFDA02" legis-path="5.(e)(1)">
paragraph (1)
</internal-xref>
, including recommendations
on whether the grant program should be continued.
</text>
</paragraph>
</subsection>
</section>
<section id="HACE4424E54FD4C419038D1EDDF4C58C2">
<enum>
6.
</enum>
<header>
Elder Justice
Coordinating Council
</header>
<text display-inline="no-display-inline">
Section
2021(b)(1)(B) of the Social Security Act (
<external-xref legal-doc="usc" parsable-cite="usc/42/1397k">
42 U.S.C. 1397k(b)(1)(B)
</external-xref>
) is amended
by striking
<quote>
(or the Attorney General's designee)
</quote>
and inserting
<quote>
(or the Director of the Office of Elder Justice)
</quote>
.
</text>
</section>
<section id="H99E82A39C9134136BDFC0A96FCFD93DF">
<enum>
7.
</enum>
<header>
Authorization of
appropriations
</header>
<text display-inline="no-display-inline">
There is
authorized to be appropriated to carry out this Act $20,000,000 for each of
fiscal years 2014 through 2016. Such sums shall be derived from amounts
appropriated in each such fiscal year for General Administration, Salaries and
Expenses, for the Department of Justice.
</text>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 861 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. King of New York (for himself, Ms. Schakowsky , Mr. Hastings of Florida , Mr. Grijalva , Mr. Owens , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To better protect, serve, and advance the rights of victims of elder abuse and exploitation by establishing a program to encourage States and other qualified entities to create jobs designed to hold offenders accountable, enhance the capacity of the justice system to investigate, pursue, and prosecute elder abuse cases, identify existing resources to leverage to the extent possible, and assure data collection, research, and evaluation to promote the efficacy and efficiency of the activities described in this Act.
1. Short title This Act may be cited as the Elder Abuse Victims Act of 2013 . 2. Definitions In this Act— (1) the terms abuse , elder , elder justice , exploitation , and neglect have the meanings given those terms in section 2011 of the Social Security Act ( 42 U.S.C. 1397j ); (2) the term elder abuse includes neglect and exploitation; (3) the term Director means the Director of the Office appointed under section 3(b); (4) the term Office means the Office of Elder Justice established under section 3(a); (5) the term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory of possession of the United States; and (6) the term task force means a multidisciplinary task force on elder justice established or designated under section 5(c)(1). 3. Office of Elder Justice (a) In general There is established within the Department of Justice an office to be known as the Office of Elder Justice, which shall address issues relating to elder abuse. (b) Director The Office shall be headed by a Director who shall— (1) be appointed by the President, by and with the advice and consent of the Senate, from among individuals with experience and expertise in elder abuse; and (2) serve as counsel to the Attorney General on elder justice and elder abuse. (c) Responsibilities The Director shall— (1) create, compile, evaluate, and disseminate materials and information, and provide the necessary training and technical assistance, to assist States and units of local government in— (A) investigating, prosecuting, pursuing, preventing, understanding, and mitigating the impact of— (i) physical, sexual, and psychological abuse of elders; (ii) exploitation of elders, including financial abuse and scams targeting elders; and (iii) neglect of elders; and (B) assessing, addressing, and mitigating the physical and psychological trauma to victims of elder abuse; (2) collect data and perform an evidence-based evaluation to— (A) assure the efficacy of measures and methods intended to prevent, detect, respond to, or redress elder abuse; and (B) evaluate the number of victims of elder abuse in each State and the extent to which the needs of the victims are served by crime victim services, programs, and sources of funding; (3) publish a report, on an annual basis, that describes the results of the evaluations conducted under paragraphs (1) and (2) , and submit the report to each Federal agency, each State, and the Committee on the Judiciary and the Special Committee on Aging of the Senate and the Committee on the Judiciary of the House of Representatives; (4) evaluate training models to determine best practices, create replication guides, create training materials for law enforcement officers, prosecutors, judges, emergency responders, individuals working in victim services, adult protective services, social services, and public safety, medical personnel, mental health personnel, financial services personnel, and any other individuals whose work may bring them in contact with elder abuse regarding how to— (A) conduct investigations in elder abuse cases; (B) address evidentiary issues and other legal issues; and (C) appropriately assess, respond to, and interact with victims and witnesses in elder abuse cases, including in administrative, civil, and criminal judicial proceedings; (5) conduct, and update on a regular basis, a study of laws and practices relating to elder abuse, including— (A) a comprehensive description of State laws and practices; (B) an analysis of the effectiveness of State laws and practices, including— (i) whether the State laws are enforced; and (ii) if enforced— (I) how the State laws are enforced; and (II) how enforcement of the State laws has effected elder abuse within the State; (C) a review of State definitions of the terms abuse , neglect , and exploitation in the context of elder abuse cases; (D) a review of State laws that mandate reporting of elder abuse, including adult protective services laws, laws that require the reporting of nursing home deaths or suspicious deaths of elders to coroners or medical examiners, and other pertinent reporting laws, that analyzes— (i) the impact and efficacy of the State laws; (ii) whether the State laws are enforced; (iii) the levels of compliance with the State laws; and (iv) the response to, and actions taken as a result of, reports made under the State laws; (E) a review of State evidentiary, procedural, sentencing, choice of remedies, and data retention issues relating to elder abuse; (F) a review of State fiduciary laws, including laws relating to guardianship, conservatorship, and power of attorney; (G) a review of State laws that permit or encourage employees of depository institutions (as defined in section 3(c)(1) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(c)(1) ) and State credit unions (as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 )) to prevent and report suspected elder abuse; (H) a review of State laws used in civil court proceedings to prevent and address elder abuse; (I) a review of State laws relating to fraud and related activities in connection with mail, telemarketing, the Internet, or health care; (J) a review of State laws that create programs, offices, or entities that address or respond to elder abuse; and (K) an analysis of any other State laws relating to elder abuse; and (6) carry out such other duties as the Attorney General determines necessary in connection with enhancing the understanding, prevention, and detection of, and response to, elder abuse. 4. Data collection The Attorney General, in consultation with the Secretary of Health and Human Services, shall, on an annual basis— (1) collect from Federal, State, and local law enforcement agencies and prosecutor offices statistical data relating to the incidence of elder abuse, including data relating to— (A) the number of elder abuse cases referred to law enforcement agencies, adult protective services, or any other State entity tasked with addressing elder abuse; (B) the number and types of such cases filed in Federal, State, and local courts; and (C) the outcomes of the cases described in subparagraphs (A) and (B) and the reasons for such outcomes; (2) identify common data points among Federal, State, and local law enforcement agencies and prosecutor offices that would allow for the collection of uniform national data related to elder abuse; (3) publish a summary of the data collected under paragraphs (1) and (2) ; (4) identify— (A) the types of data relevant to elder abuse that should be collected; and (B) what entity is most capable of collecting the data described in subparagraph (A) ; and (5) develop recommendations for collecting additional data relating to elder abuse. 5. Elder victims grant program (a) In general The Director may make grants and provide technical assistance to not more than 15 States to assist the States in developing, establishing, and operating programs designed to improve— (1) the response to cases of elder abuse in a manner that limits additional trauma to the elder victims; and (2) the investigation and prosecution of cases of elder abuse. (b) Eligibility A State is eligible to receive a grant under this section if the State— (1) has a crime victims compensation program that meets the criteria described in section 1403(b) of the Victims of Crime Act of 1984 ( 42 U.S.C. 10602(b) ); and (2) is in compliance with subsection (c) . (c) Establishment of task force (1) In general In order to be eligible to receive a grant under this section, a State shall establish or, subject to paragraph (5) , designate a multidisciplinary task force on elder justice that is composed of professionals with knowledge and experience relating to the criminal justice system and issues of elder abuse. (2) Membership requirement Except as provided in paragraph (6) , a task force established or designated in accordance with this subsection shall include— (A) representatives from law enforcement agencies, such as police officers, sheriffs and deputy sheriffs, detectives, public safety officers, corrections officers, investigators and victims' service personnel; (B) a representative from the crime victim compensation program of the State; (C) judicial and legal officers, including individuals who work on cases of elder abuse; (D) elder justice and elder law advocates, including local agencies on aging and local public and private agencies and entities relating to elder abuse and other crimes against elders; (E) health and mental health professionals; (F) representatives from social services agencies in the State; and (G) family members of victims of elder abuse. (3) Review and evaluation A task force established or designated in accordance with this subsection shall— (A) review and evaluate the investigative, administrative, and judicial responses to cases of elder abuse in the State; (B) make recommendations to the State based on the review and evaluation conducted under subparagraph (A) , including recommendations relating to— (i) modifying the investigative, administrative, and judicial response to cases of elder abuse in a manner that— (I) reduces additional trauma to the elder victim; and (II) ensures procedural fairness to the individual accused of elder abuse; and (ii) experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve the rate of successful prosecution or enhance the effectiveness of judicial and administrative action in elder abuse cases, and which ensure procedural fairness to the accused, including a determination of which programs are most effective; and (C) submit the recommendations described in subparagraph (B) to the Office. (4) Task force alternative If determined appropriate by the Director, a State may comply with the eligibility requirement described in paragraph (1) by designating a commission or task force established by a State before January 1, 2013, with membership and functions comparable to those described in paragraphs (2) and (3) , respectively, as the task force on elder justice required under such paragraph (1) . (5) Task force membership waiver The Director may waive, in part, the task force membership requirements under paragraph (2) for a State that demonstrates a need for the waiver. (d) Use of funds Grant funds awarded under this section may be used by a State to support— (1) State and local prosecutor offices and courts in elder abuse matters, including— (A) hiring or paying salary and benefits for employees and establishing or implementing units designated to work on elder justice issues in State prosecutors' offices and State courts; and (B) hiring or paying salary and benefits for an employee to coordinate elder justice-related cases, training, technical assistance, and policy development for State and local prosecutors and courts; (2) State and local law enforcement agencies investigating cases of elder abuse; and (3) adult protective services. (e) State reports Not later than 1 year after a State receives grant funds under this section, the State shall submit to the Director a report that includes— (1) an evaluation of the effectiveness of the grant program; (2) a list of all laws of the State relating to elder abuse; and (3) any other information the Director may require. (f) Evaluation and report Not later than 1 year after the date on which the Director makes available the final funds awarded under a grant under this section, the Director shall— (1) evaluate the grant program established under this section; and (2) submit to the appropriate congressional committees a report on the evaluation conducted under paragraph (1) , including recommendations on whether the grant program should be continued. 6. Elder Justice Coordinating Council Section 2021(b)(1)(B) of the Social Security Act ( 42 U.S.C. 1397k(b)(1)(B) ) is amended by striking (or the Attorney General's designee) and inserting (or the Director of the Office of Elder Justice) . 7. Authorization of appropriations There is authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2014 through 2016. Such sums shall be derived from amounts appropriated in each such fiscal year for General Administration, Salaries and Expenses, for the Department of Justice. |
113-hr-862-eh-dtd | 113-hr-862 | 113 | hr | 862 | eh | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr862eh.xml | BILLS-113hr862eh.xml | 2023-01-07 10:21:02.979 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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113 HR 862 EH: To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.
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U.S. House of Representatives
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EN
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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IB
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113th CONGRESS
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1st Session
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H. R. 862
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IN THE HOUSE OF REPRESENTATIVES
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AN ACT
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To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.
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1.
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<header>
Conveyance of land to correct erroneous survey, Coconino National Forest, Arizona
</header>
<subsection id="H001C6C0C40304EE08E451A8C2E27FD40">
<enum>
(a)
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Conveyance authorized
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The Secretary of Agriculture may convey by quitclaim deed all right, title, and interest of the United States in and to the two parcels of land described in subsection (b) to a person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the two parcels. These parcels are within the boundaries of the Coconino National Forest and contain private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.
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<subsection id="H09EE5DD7FA4140918BE01E27408F16B8">
<enum>
(b)
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<header>
Description of land
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The two parcels of land authorized for conveyance under subsection (a) consist of approximately 2.67 acres described in the Bureau of Land Management’s Survey Plat titled Subdivision and Metes and Bounds Surveys in secs. 28 and 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, approved February 2, 2010, as follows:
</text>
<paragraph id="HC29D9516D089402781A44BF9CF35F26A">
<enum>
(1)
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<text display-inline="yes-display-inline">
Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona.
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<paragraph id="H90D3850445044319BA1CC77A0BD2CD52">
<enum>
(2)
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<text>
Lot 1, sec. 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona.
</text>
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(c)
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Consideration
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(1)
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Amount of consideration
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As consideration for the conveyance of the two parcels under subsection (a), the person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the parcels shall pay to the Secretary consideration in the amount of $20,000.
</text>
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(2)
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Deposit
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The Secretary shall deposit the consideration received under this subsection in a special account in the fund established under
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Public Law 90–171
</external-xref>
(commonly known as the Sisk Act;
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16 U.S.C. 484a
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).
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<enum>
(3)
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<header>
Use
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<text>
The deposited funds shall be available to the Secretary, without further appropriation and until expended, for acquisition of land in the National Forest System.
</text>
</paragraph>
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<enum>
(d)
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<header>
Revocation of orders
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<text>
Any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit conveyance of the Federal land under subsection (a).
</text>
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(e)
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<header>
Withdrawal of Federal land
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Subject to valid existing rights, the Federal land authorized for conveyance under subsection (a) is withdrawn from all forms of entry and appropriation under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing and geothermal leasing laws until the date which the conveyance is completed.
</text>
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(f)
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Other terms and conditions
</header>
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The conveyance authorized by subsection (a) shall be subject only to those surveys and clearances as needed to protect the interests of the United States.
</text>
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<enum>
(g)
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<header>
Duration of authority
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<text>
The authority provided under this section shall terminate three years after the date of the enactment of this Act.
</text>
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<attestation-date chamber="House" date="20130617">
Passed the House of Representatives June 17, 2013.
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Karen L. Haas,
</attestor>
<role>
Clerk.
</role>
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<endorsement display="yes"/>
</bill>
| IB 113th CONGRESS 1st Session H. R. 862 IN THE HOUSE OF REPRESENTATIVES AN ACT To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.
1. Conveyance of land to correct erroneous survey, Coconino National Forest, Arizona (a) Conveyance authorized The Secretary of Agriculture may convey by quitclaim deed all right, title, and interest of the United States in and to the two parcels of land described in subsection (b) to a person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the two parcels. These parcels are within the boundaries of the Coconino National Forest and contain private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960. (b) Description of land The two parcels of land authorized for conveyance under subsection (a) consist of approximately 2.67 acres described in the Bureau of Land Management’s Survey Plat titled Subdivision and Metes and Bounds Surveys in secs. 28 and 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, approved February 2, 2010, as follows: (1) Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona. (2) Lot 1, sec. 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona. (c) Consideration (1) Amount of consideration As consideration for the conveyance of the two parcels under subsection (a), the person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the parcels shall pay to the Secretary consideration in the amount of $20,000. (2) Deposit The Secretary shall deposit the consideration received under this subsection in a special account in the fund established under Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a ). (3) Use The deposited funds shall be available to the Secretary, without further appropriation and until expended, for acquisition of land in the National Forest System. (d) Revocation of orders Any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit conveyance of the Federal land under subsection (a). (e) Withdrawal of Federal land Subject to valid existing rights, the Federal land authorized for conveyance under subsection (a) is withdrawn from all forms of entry and appropriation under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing and geothermal leasing laws until the date which the conveyance is completed. (f) Other terms and conditions The conveyance authorized by subsection (a) shall be subject only to those surveys and clearances as needed to protect the interests of the United States. (g) Duration of authority The authority provided under this section shall terminate three years after the date of the enactment of this Act.
Passed the House of Representatives June 17, 2013. Karen L. Haas, Clerk. |
113-hr-862-enr-dtd | 113-hr-862 | 113 | hr | 862 | enr | bills | data/govinfo/BILLS/113/2/hr/BILLS-113hr862enr.xml | BILLS-113hr862enr.xml | 2023-01-07 03:23:02.136 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
<!DOCTYPE bill PUBLIC "-//US Congress//DTDs/bill.dtd//EN" "bill.dtd">
<bill bill-stage="Enrolled-Bill" bill-type="olc" dms-id="H8CAF3A3233D24E99A1362090103B94D3" public-private="public" stage-count="1">
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<dc:title>
HR 862 ENR: To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.
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U.S. House of Representatives
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text/xml
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EN
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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IB
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One Hundred Thirteenth Congress of the United States of America
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At the Second Session
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Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen
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<legis-num>
H. R. 862
</legis-num>
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<legis-type>
AN ACT
</legis-type>
<official-title display="yes">
To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.
</official-title>
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<legis-body id="H7CBCA0E3FC4148368CE5403A2B8CDD03" style="OLC">
<section id="HF2F4289B6D9F4684939035C684D4F2C7" section-type="section-one">
<enum>
1.
</enum>
<header>
Conveyance of land to correct erroneous survey, Coconino National Forest, Arizona
</header>
<subsection id="H001C6C0C40304EE08E451A8C2E27FD40">
<enum>
(a)
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<header>
Conveyance authorized
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<text display-inline="yes-display-inline">
The Secretary of Agriculture may convey by quitclaim deed all right, title, and interest of the United States in and to the two parcels of land described in subsection (b) to a person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the two parcels. These parcels are within the boundaries of the Coconino National Forest and contain private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.
</text>
</subsection>
<subsection id="H09EE5DD7FA4140918BE01E27408F16B8">
<enum>
(b)
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<header>
Description of land
</header>
<text display-inline="yes-display-inline">
The two parcels of land authorized for conveyance under subsection (a) consist of approximately 2.67 acres described in the Bureau of Land Management’s Survey Plat titled Subdivision and Metes and Bounds Surveys in secs. 28 and 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, approved February 2, 2010, as follows:
</text>
<paragraph id="HC29D9516D089402781A44BF9CF35F26A">
<enum>
(1)
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<text display-inline="yes-display-inline">
Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona.
</text>
</paragraph>
<paragraph id="H90D3850445044319BA1CC77A0BD2CD52">
<enum>
(2)
</enum>
<text>
Lot 1, sec. 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona.
</text>
</paragraph>
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<enum>
(c)
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<header>
Consideration
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<paragraph id="HEDE5F8785BAD4F40B86293DE2773E3D0">
<enum>
(1)
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<header>
Amount of consideration
</header>
<text display-inline="yes-display-inline">
As consideration for the conveyance of the two parcels under subsection (a), the person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the parcels shall pay to the Secretary consideration in the amount of $20,000.
</text>
</paragraph>
<paragraph id="HB4D33B3E6F854EEB82B93CC8BC0B4528">
<enum>
(2)
</enum>
<header>
Deposit
</header>
<text display-inline="yes-display-inline">
The Secretary shall deposit the consideration received under this subsection in a special account in the fund established under
<external-xref legal-doc="public-law" parsable-cite="pl/90/171">
Public Law 90–171
</external-xref>
(commonly known as the Sisk Act;
<external-xref legal-doc="usc" parsable-cite="usc/16/484a">
16 U.S.C. 484a
</external-xref>
).
</text>
</paragraph>
<paragraph id="HD96DBBFD94AF47B4A12070ED8CFE91E6">
<enum>
(3)
</enum>
<header>
Use
</header>
<text>
The deposited funds shall be available to the Secretary, without further appropriation and until expended, for acquisition of land in the National Forest System.
</text>
</paragraph>
</subsection>
<subsection id="H71A020BD2132497FA544CF73E8562765">
<enum>
(d)
</enum>
<header>
Revocation of orders
</header>
<text>
Any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit conveyance of the Federal land under subsection (a).
</text>
</subsection>
<subsection id="H484DE56539BE4F86832B18F987336C7B">
<enum>
(e)
</enum>
<header>
Withdrawal of Federal land
</header>
<text display-inline="yes-display-inline">
Subject to valid existing rights, the Federal land authorized for conveyance under subsection (a) is withdrawn from all forms of entry and appropriation under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing and geothermal leasing laws until the date which the conveyance is completed.
</text>
</subsection>
<subsection commented="no" id="H4082B5A1FC97413FA2D82B3FAAE7A057">
<enum>
(f)
</enum>
<header>
Other terms and conditions
</header>
<text display-inline="yes-display-inline">
The conveyance authorized by subsection (a) shall be subject only to those surveys and clearances as needed to protect the interests of the United States.
</text>
</subsection>
<subsection id="H4343D194544B4757B425E98E3761FAEC">
<enum>
(g)
</enum>
<header>
Duration of authority
</header>
<text>
The authority provided under this section shall terminate three years after the date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
<attestation>
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<role>
Speaker of the House of Representatives.
</role>
</attestation-group>
<attestation-group>
<role>
Vice President of the United States and President of the Senate.
</role>
</attestation-group>
</attestation>
</bill>
| IB One Hundred Thirteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen H. R. 862 AN ACT To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.
1. Conveyance of land to correct erroneous survey, Coconino National Forest, Arizona (a) Conveyance authorized The Secretary of Agriculture may convey by quitclaim deed all right, title, and interest of the United States in and to the two parcels of land described in subsection (b) to a person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the two parcels. These parcels are within the boundaries of the Coconino National Forest and contain private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960. (b) Description of land The two parcels of land authorized for conveyance under subsection (a) consist of approximately 2.67 acres described in the Bureau of Land Management’s Survey Plat titled Subdivision and Metes and Bounds Surveys in secs. 28 and 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, approved February 2, 2010, as follows: (1) Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona. (2) Lot 1, sec. 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona. (c) Consideration (1) Amount of consideration As consideration for the conveyance of the two parcels under subsection (a), the person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the parcels shall pay to the Secretary consideration in the amount of $20,000. (2) Deposit The Secretary shall deposit the consideration received under this subsection in a special account in the fund established under Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a ). (3) Use The deposited funds shall be available to the Secretary, without further appropriation and until expended, for acquisition of land in the National Forest System. (d) Revocation of orders Any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit conveyance of the Federal land under subsection (a). (e) Withdrawal of Federal land Subject to valid existing rights, the Federal land authorized for conveyance under subsection (a) is withdrawn from all forms of entry and appropriation under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing and geothermal leasing laws until the date which the conveyance is completed. (f) Other terms and conditions The conveyance authorized by subsection (a) shall be subject only to those surveys and clearances as needed to protect the interests of the United States. (g) Duration of authority The authority provided under this section shall terminate three years after the date of the enactment of this Act.
Speaker of the House of Representatives. Vice President of the United States and President of the Senate. |
113-hr-862-ih-dtd | 113-hr-862 | 113 | hr | 862 | ih | bills | data/govinfo/BILLS/113/1/hr/BILLS-113hr862ih.xml | BILLS-113hr862ih.xml | 2023-01-08 17:37:34.911 | dtd | bill | <?xml-stylesheet type="text/xsl" href="billres.xsl"?>
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<bill bill-stage="Introduced-in-House" bill-type="olc" dms-id="H8CAF3A3233D24E99A1362090103B94D3" public-private="public">
<metadata xmlns:dc="http://purl.org/dc/elements/1.1/">
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<dc:title>
113 HR 862 IH: To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.
</dc:title>
<dc:publisher>
U.S. House of Representatives
</dc:publisher>
<dc:date>
2013-02-27
</dc:date>
<dc:format>
text/xml
</dc:format>
<dc:language>
EN
</dc:language>
<dc:rights>
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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<form>
<distribution-code display="yes">
I
</distribution-code>
<congress>
113th CONGRESS
</congress>
<session>
1st Session
</session>
<legis-num>
H. R. 862
</legis-num>
<current-chamber>
IN THE HOUSE OF REPRESENTATIVES
</current-chamber>
<action>
<action-date date="20130227">
February 27, 2013
</action-date>
<action-desc>
<sponsor name-id="K000368">
Mrs. Kirkpatrick
</sponsor>
(for
herself and
<cosponsor name-id="G000565">
Mr. Gosar
</cosponsor>
) introduced the
following bill; which was referred to the
<committee-name committee-id="HII00">
Committee on Natural
Resources
</committee-name>
</action-desc>
</action>
<legis-type>
A BILL
</legis-type>
<official-title>
To authorize the conveyance of two small parcels of land
within the boundaries of the Coconino National Forest containing private
improvements that were developed based upon the reliance of the landowners in
an erroneous survey conducted in May 1960.
</official-title>
</form>
<legis-body id="H7CBCA0E3FC4148368CE5403A2B8CDD03" style="OLC">
<section id="HF2F4289B6D9F4684939035C684D4F2C7" section-type="section-one">
<enum>
1.
</enum>
<header>
Conveyance of land to
correct erroneous survey, Coconino National Forest, Arizona
</header>
<subsection id="H001C6C0C40304EE08E451A8C2E27FD40">
<enum>
(a)
</enum>
<header>
Conveyance
authorized
</header>
<text display-inline="yes-display-inline">
The Secretary of
Agriculture may convey by quitclaim deed all right, title, and interest of the
United States in and to the two parcels of land described in subsection (b) to
a person or legal entity that represents (by power of attorney) the majority of
landowners with private property adjacent to the two parcels. These parcels are
within the boundaries of the Coconino National Forest and contain private
improvements that were developed based upon the reliance of the landowners in
an erroneous survey conducted in May 1960.
</text>
</subsection>
<subsection id="H09EE5DD7FA4140918BE01E27408F16B8">
<enum>
(b)
</enum>
<header>
Description of
land
</header>
<text display-inline="yes-display-inline">
The two parcels of land
authorized for conveyance under subsection (a) consist of approximately 2.67
acres described in the Bureau of Land Management’s Survey Plat titled
Subdivision and Metes and Bounds Surveys in secs. 28 and 29, T. 20 N., R. 7 E.,
Gila and Salt River Meridian, approved February 2, 2010, as follows:
</text>
<paragraph id="HC29D9516D089402781A44BF9CF35F26A">
<enum>
(1)
</enum>
<text display-inline="yes-display-inline">
Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and
Salt River Meridian, Coconino County, Arizona.
</text>
</paragraph>
<paragraph id="H90D3850445044319BA1CC77A0BD2CD52">
<enum>
(2)
</enum>
<text>
Lot 1, sec. 29, T.
20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona.
</text>
</paragraph>
</subsection>
<subsection id="HA10A3E4A75F54FF38642B712AE9EB9FE">
<enum>
(c)
</enum>
<header>
Consideration
</header>
<paragraph id="HEDE5F8785BAD4F40B86293DE2773E3D0">
<enum>
(1)
</enum>
<header>
Amount of
consideration
</header>
<text display-inline="yes-display-inline">
As
consideration for the conveyance of the two parcels under subsection (a), the
person or legal entity that represents (by power of attorney) the majority of
landowners with private property adjacent to the parcels shall pay to the
Secretary consideration in the amount of $20,000.
</text>
</paragraph>
<paragraph id="HB4D33B3E6F854EEB82B93CC8BC0B4528">
<enum>
(2)
</enum>
<header>
Deposit
</header>
<text display-inline="yes-display-inline">
The Secretary shall deposit the
consideration received under this subsection in a special account in the fund
established under
<external-xref legal-doc="public-law" parsable-cite="pl/90/171">
Public Law 90–171
</external-xref>
(commonly known as the Sisk Act; 16 U.S.C.
484a).
</text>
</paragraph>
<paragraph id="HD96DBBFD94AF47B4A12070ED8CFE91E6">
<enum>
(3)
</enum>
<header>
Use
</header>
<text>
The
deposited funds shall be available to the Secretary, without further
appropriation and until expended, for acquisition of land in the National
Forest System.
</text>
</paragraph>
</subsection>
<subsection id="H71A020BD2132497FA544CF73E8562765">
<enum>
(d)
</enum>
<header>
Revocation of
orders
</header>
<text>
Any public orders withdrawing any of the Federal land from
appropriation or disposal under the public land laws are revoked to the extent
necessary to permit conveyance of the Federal land under subsection (a).
</text>
</subsection>
<subsection id="H484DE56539BE4F86832B18F987336C7B">
<enum>
(e)
</enum>
<header>
Withdrawal of
Federal land
</header>
<text display-inline="yes-display-inline">
Subject to valid
existing rights, the Federal land authorized for conveyance under subsection
(a) is withdrawn from all forms of entry and appropriation under the public
land laws, location, entry, and patent under the mining laws, and operation of
the mineral leasing and geothermal leasing laws until the date which the
conveyance is completed.
</text>
</subsection>
<subsection commented="no" id="H4082B5A1FC97413FA2D82B3FAAE7A057">
<enum>
(f)
</enum>
<header>
Other terms and
conditions
</header>
<text display-inline="yes-display-inline">
The conveyance
authorized by subsection (a) shall be subject only to those surveys and
clearances as needed to protect the interests of the United States.
</text>
</subsection>
<subsection id="H4343D194544B4757B425E98E3761FAEC">
<enum>
(g)
</enum>
<header>
Duration of
authority
</header>
<text>
The authority provided under this section shall
terminate three years after the date of the enactment of this Act.
</text>
</subsection>
</section>
</legis-body>
</bill>
| I 113th CONGRESS 1st Session H. R. 862 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mrs. Kirkpatrick (for herself and Mr. Gosar ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960.
1. Conveyance of land to correct erroneous survey, Coconino National Forest, Arizona (a) Conveyance authorized The Secretary of Agriculture may convey by quitclaim deed all right, title, and interest of the United States in and to the two parcels of land described in subsection (b) to a person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the two parcels. These parcels are within the boundaries of the Coconino National Forest and contain private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960. (b) Description of land The two parcels of land authorized for conveyance under subsection (a) consist of approximately 2.67 acres described in the Bureau of Land Management’s Survey Plat titled Subdivision and Metes and Bounds Surveys in secs. 28 and 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, approved February 2, 2010, as follows: (1) Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona. (2) Lot 1, sec. 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona. (c) Consideration (1) Amount of consideration As consideration for the conveyance of the two parcels under subsection (a), the person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the parcels shall pay to the Secretary consideration in the amount of $20,000. (2) Deposit The Secretary shall deposit the consideration received under this subsection in a special account in the fund established under Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a). (3) Use The deposited funds shall be available to the Secretary, without further appropriation and until expended, for acquisition of land in the National Forest System. (d) Revocation of orders Any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit conveyance of the Federal land under subsection (a). (e) Withdrawal of Federal land Subject to valid existing rights, the Federal land authorized for conveyance under subsection (a) is withdrawn from all forms of entry and appropriation under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing and geothermal leasing laws until the date which the conveyance is completed. (f) Other terms and conditions The conveyance authorized by subsection (a) shall be subject only to those surveys and clearances as needed to protect the interests of the United States. (g) Duration of authority The authority provided under this section shall terminate three years after the date of the enactment of this Act. |